Case law

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.

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.

Jerry L. ROSS, Plaintiff-Appellee, v. BLACK & DECKER, INCORPORATED, a Foreign Corporation, Defendant-Appellant

977 F.2d 1178 · Court of Appeals for the Seventh Circuit · Dec 2, 1992

B & D maintains that Murphy established a blanket rule that safety standards adopted after the manufacture of a product are not admissible in product liability actions. We disagree. … We agree with the district court’s ruling that Ross established that the other accidents were sufficiently similar to his to qualify for admission.

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.

Generation Capital I, LLC v. John Fliss

Court of Appeals for the Seventh Circuit · Dec 3, 2023

Each man personally guaran- teed the loan, and a trust established in Sherry Wojciak’s name (Larry’s spouse), was the fourth guarantor. … Levinson, 831 F.2d 1292, 1296 (7th Cir. 1987) (con- sent judgments not given preclusive effect unless parties clearly indicate that intent).

Generation Capital I, LLC v. John Fliss

Court of Appeals for the Seventh Circuit · Nov 27, 2023

Each man personally guaran- teed the loan, and a trust established in Sherry Wojciak’s name (Larry’s spouse), was the fourth guarantor. … Levinson, 831 F.2d 1292, 1296 (7th Cir. 1987) (con- sent judgments not given preclusive effect unless parties clearly indicate that intent).

National Paint & Coatings Association v. City of Chicago

45 F.3d 1124 · Court of Appeals for the Seventh Circuit · Jan 24, 1995

The district judge treated the taggers as if they were addicts and deemed them immune from economic incentives. It turns out, however, that consumption of addictive substances follows normal economic principles. … 29 Where the statute regulates even-handedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly

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.

Ray Fuller v. Matthew G. Whitaker

Court of Appeals for the Seventh Circuit · Jan 23, 2019

Because the governing regulation permits but does not require the Board to exercise this power and there is no law defining what situations will qualify as “exceptional,” there is no meaningful standard by which to evaluate … First,  Fuller’s  second  motion1  did  not  clearly  challenge  the  Board’s  conclusions. 

United States v. Kafayat Abimbola-Amoo

390 F.3d 937 · Court of Appeals for the Seventh Circuit · Jan 19, 2005

It is well established that this court has jurisdiction to review a district court's decision that the guidelines absolutely prohibit a departure on a particular ground. United States v. … This may, depending on the record, qualify as the kind of "fortuitous increase in the severity of [her] sentence" to which the D.C. Circuit referred in United States v.

Ray Fuller v. Matthew G. Whitaker

Court of Appeals for the Seventh Circuit · Jan 23, 2019

Because the governing regulation permits but does not require the Board to exercise this power and there is no law defining what situations will qualify as “exceptional,” there is no meaningful standard by which to evaluate … First,  Fuller’s  second  motion1  did  not  clearly  challenge  the  Board’s  conclusions. 

United States v. Republic Steel Corporation, United States of America v. International Harvester Company. United States of America v. Interlake Iron Corporation

286 F.2d 875 · Court of Appeals for the Seventh Circuit · Feb 17, 1961

Any doubts are resolved by a consistent administrative construction which refused to give immunity to industrial wastes resulting in the deposit of solids in the very river in question.' 22 Referring to the right of the government … This portion of the decree is based upon Sec. 13 which, so far as here material, provides: 26 'It shall not be lawful to throw, discharge, or deposit * * * from the * * * manufacturing establishment, or mill of any kind,

Wallace, Andre v. Kato, Kristen

Court of Appeals for the Seventh Circuit · Mar 8, 2006

In Newsome, we affirmed the district court’s decision to deny qualified immunity to two officers who had withheld exculpatory evidence from the defendant. Id. at 753. The reason was because, under Brady v. … finding was not dis- turbed as a matter of Illinois law when the state appellate court reversed and remanded the trial court’s judgment; and that Wallace cannot prevail in his § 1983 action if this central fact is taken as established

Fred Honaker v. Gary Smith, Mayor, Individually and as Mayor of the Village of Lovington and as Fire Chief of the Lovington Fire Department

256 F.3d 477 · Court of Appeals for the Seventh Circuit · Jun 26, 2001

Honaker clearly had a longstanding history of acrimonious relations with the Village and with Mr. Smith personally. Mr. … Honaker points to no other evidence to establish severe emotional distress.

Doe v. Johnson

52 F.3d 1448 · Court of Appeals for the Seventh Circuit · Apr 18, 1995

Vining personally supervised the Swazieks' foster parent training and believed that the Swazieks were qualified foster parents and would be able to give Doe the attention she needed for they had only one child, who was older … Additionally, the judge clearly stated that these standards "certainly do not mandate the jury.

United States v. Donna A. Hatchett

31 F.3d 1411 · Court of Appeals for the Seventh Circuit · Aug 19, 1994

Donna also clearly remembered taking money from drug addicts in November of 1991, but couldn't remember if she had done so in January of 1992. … Id. at 22-23 (citations omitted). 53 In this case the government met its burden of establishing proper venue by a preponderance of the evidence when the government established that all three drug transactions described above

United States v. Ji Chaoqun

Court of Appeals for the Seventh Circuit · Jul 10, 2024

For example, if a statute includes the use of 8 No. 23-1262 a deadly weapon as an element and explains that “the use of a knife, gun, bat, or similar weapon would all qualify … articulated the law on voluntariness and concluded that Ji had not presented any facts that would create a material dispute as to whether the agent coerced Ji’s statement, we then consider whether the district court made any clearly

Battle v. Clark Equipment Company

579 F.2d 1338 · Court of Appeals for the Seventh Circuit · Jun 29, 1978

The SUB plan provided for regular weekly benefits payable to any qualified employee laid off during the course of employment. … These allegations which are supported by the appellants' joint affidavit, clearly raise questions of fraud and bad faith on the part of the union leaders.

Mary Tai v. Eric Shinseki

Court of Appeals for the Seventh Circuit · May 5, 2009

First, Tai asserts that for each position, she was more  qualified  than  the  chosen  applicant.    …  better qualified for the position at issue.”  

United States v. Baretz, Lloyd

Court of Appeals for the Seventh Circuit · Jun 21, 2005

The district court expressly found that the $54 million in loss to REFCO was established by a prepon- derance of the evidence. … (b) If the defendant qualifies for a decrease under subsection (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and upon motion of the government stating that