Case law

Thomas McCarthy v. Sonny Perdue

Court of Appeals for the Seventh Circuit · Apr 22, 2019

But given the selected applicant’s qualifications, we cannot say that McCarthy  was “clearly better qualified for the position,” so the Department’s choice between at  least two qualified candidates does not raise an inference … He need only establish that his  sex was “a motivating factor,” not a but‐for cause, of the hiring decision, but  nevertheless there must be some evidence of a causal link. 42 U.S.C. § 2000e‐2(m);  see also Univ. of Tex. 

United States v. Steven C. Griffin, Marvin M. Rux, and Andrae Scurlock, Appeal of Stanley L. Hill

84 F.3d 820 · Court of Appeals for the Seventh Circuit · Jun 3, 1996

The third, instance of contempt The government had qualified Agent Malo-ney as an expert in money laundering and structuring transactions based upon his training and experience in the IRS. … Hill’s notice argument is inconsistent with common sense and contrary to established precedent. The essence of Fed.

Nathson Fields v. City of Chicago

Court of Appeals for the Seventh Circuit · Nov 20, 2020

Burge, 874 F.2d 1201, 1210 n.2 (7th Cir. 1989) (noting that qualified immunity was not raised on appeal but that “[w]e may affirm the district courtʹs decision on any ground that the record fairly supports and the appellee … The court’s findings establish all of those factors.

Mario Ortiz-Santiago v. William P. Barr

Court of Appeals for the Seventh Circuit · May 20, 2019

(That rule dictates the end-point of the non-citizen’s qualify- ing residence in the United States for certain immigration ben- efits.) … B With that framework established, we turn back to Ortiz- Santiago.

Mark G. Weinberg v. City of Chicago

310 F.3d 1029 · Court of Appeals for the Seventh Circuit · Nov 20, 2002

Weinberg points to the admission by the City that whether speech is considered “topical” is one of the criterion for determining whether something qualifies as a newspaper. … In Graff , a plurality of judges found that the maintenance of a newspaper stand qualifies as conduct commonly associated with expression.

Lowdermilk v. Ohio Oil Co.

203 F.2d 399 · Court of Appeals for the Seventh Circuit · May 11, 1953

Plaintiff, since April 20, 1943, has been the qualified and acting Receiver for Sullivan by order of the Circuit Court of Sullivan County, Indiana. … It is rather a strange anomaly that plaintiff, when all the facts and circumstances were fresh in the minds of the parties and with the opportunity clearly presented, not only failed to claim title but also failed to take

Thomas, Andre v. Chandler, Nedra

141 F. App'x 484 · Court of Appeals for the Seventh Circuit · Jul 21, 2005

To qualify for habeas relief, Thomas must show that the state court proceedings adjudicating his claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal … He submits that the evidence clearly demonstrates that the victim pulled a gun on him and that he shot him in self defense.

Donald Snowden v. Jeremy Henning

72 F.4th 237 · Court of Appeals for the Seventh Circuit · Jun 27, 2023

The Court later rejected statutory remedies created through “judicial mandate,” reinforcing that a cause of action must be supported by congressional intent ex- pressed clearly in statutory text. Id. at 133. … The Court has identified some differences that qualify as “meaningful”: the rank of the officers involved; the constitu- tional right at issue; the generality or specificity of the official action; the

Textile Banking Company, Inc. v. William H. Rentschler, Appeal of Sarah Y. Rentschler Mittendorf, Citation-Respondent-Appellant

657 F.2d 844 · Court of Appeals for the Seventh Circuit · Apr 17, 1981

. *849 We believe that Sarah’s May 9 motion, even under the most generous characterization, fails to qualify as a Rule 59(e) motion. … The appearance contemplated by this statute is clearly more than mere physical presence within the judicial district.

Nathson Fields v. City of Chicago

Court of Appeals for the Seventh Circuit · Nov 20, 2020

Burge, 874 F.2d 1201, 1210 n.2 (7th Cir. 1989) (noting that qualified immunity was not raised on appeal but that “[w]e may affirm the district courtʹs decision on any ground that the record fairly supports and the appellee … The court’s findings establish all of those factors.

Grieveson, Joseph R. v. Anderson, Frank J.

Court of Appeals for the Seventh Circuit · Aug 18, 2008

We recently considered what qualifies as “verifying medical evidence” in Williams v. … Liefer: Clearly, expert testimony that the plaintiff suffered because of a delay in treatment would satisfy the requirement.

In the Matter of Oil Spill by the Amoco Cadiz Off the Coast of France on March 16, 1978

954 F.2d 1279 · Court of Appeals for the Seventh Circuit · Jan 24, 1992

Calvez was qualified as an expert witness, and he properly used hearsay documents in his calculations. See Fed.R.Evid. 703. … SIPCO established the C.I.F. price (for cost, insurance, and freight; see UCC § 2-320).

Humphries, Hedrick G v. CBOCS West, Inc

Court of Appeals for the Seventh Circuit · Jan 10, 2007

Before its decision in Patterson, 491 U.S. 164 (which we shall address below), the Supreme Court had not clearly determined whether section 1981 applied to retaliatory conduct. … It was enough to show “similar—not identi- cal—conduct” and this surely qualifies under that stan- dard. Id. To find otherwise is to lose sight of the big- picture, common-sense perspective.

Government Suppliers Consolidating Services, Incorporated v. Bayh

975 F.2d 1267 · Court of Appeals for the Seventh Circuit · Sep 17, 1992

Jurisdiction is clearly proper as to the backhaul ban and the registration and stickering provisions that accompany it. … For these operators, the surety bond would clearly be prohibitive as well.

Board of Trade v. Securities & Exchange Commission

677 F.2d 1137 · Court of Appeals for the Seventh Circuit · Mar 24, 1982

The phrase “transactions involving contracts of sale of a commodity for future delivery” is of ancient origin and established meaning. … Such options clearly fall within the statutory definition of “any instrument commonly known as a ‘security.’ ” See I L. Loss Securities Regulation 469 (2d ed. 1961).

Local P-171, Amalgamated Meat Cutters & Butcher Workmen of North America v. Thompson Farms Co.

642 F.2d 1065 · Court of Appeals for the Seventh Circuit · Feb 26, 1981

The date so established shall become the individual’s vacation anniversary date for all vacation purposes thereafter. 34. … While vacations may be taken only if eventually earned, it is clearly the scheme of the contract to permit flexibility in vacation scheduling.

Jacobson, Brian v. Lundquist, Timothy

258 F. App'x 45 · Court of Appeals for the Seventh Circuit · Dec 20, 2007

. § 924(e), which mandates a minimum sentence of 15 years’ imprisonment for a defendant convicted under § 922(g)(1) who has accumulated three qualifying prior convictions. … Nonetheless, the district court was correct to conclude that Jacobson could not establish prejudice.

A.C. v. Fred Kutruff

Court of Appeals for the Seventh Circuit · Aug 1, 2023

Department of Education, Establishment of Title 34, 45 Fed. Reg. 30802, 30802 (May 9, 1980). … The plaintiffs have established that the harm they face is on- going, debilitating, and cannot be remedied with monetary damages.

B. E. v. Vigo County School Corporation

Court of Appeals for the Seventh Circuit · Aug 1, 2023

Department of Education, Establishment of Title 34, 45 Fed. Reg. 30802, 30802 (May 9, 1980). … The plaintiffs have established that the harm they face is on- going, debilitating, and cannot be remedied with monetary damages.

Samirah v. Holder

627 F.3d 652 · Court of Appeals for the Seventh Circuit · Dec 3, 2010

But like most general legal principles it is qualified. As explained in United States ex rel. Knauff v. … Or an immigration officer can, either at a port of entry or at a pre-inspection station, 8 C.F.R. § 235.5 , admit an alien upon determining that he is “clearly and beyond a doubt entitled to be admitted” to the United States