Case law

Warren Johnson v. Advocate Health and Hospitals

Court of Appeals for the Seventh Circuit · Jun 8, 2018

And, it is also sufficient to infer that these supervisors were using racist language in a pervasive way to establish racial and hierarchical dominance in the workplace. … When viewed in this manner, the district court was clearly correct that “[t]he things each plaintiff heard were too isolated, indi- rect, and sporadic to be actionable.” Johnson, 2016 WL 5871489, at *8.

Warren Johnson v. Advocate Health and Hospitals

892 F.3d 887 · Court of Appeals for the Seventh Circuit · Jun 8, 2018

And, it is also sufficient to infer that these supervisors were using racist language in a pervasive way to establish racial and hierarchical dominance in the workplace. … When viewed in this manner, the district court was clearly correct that “[t]he things each plaintiff heard were too isolated, indi- rect, and sporadic to be actionable.” Johnson, 2016 WL 5871489, at *8.

Wright, Patrick H. v. Walls, Jonathan R.

Court of Appeals for the Seventh Circuit · Apr 24, 2002

But [Wright] presented evidence of a horrible childhood; surely that qualifies as mitigation. … As the district court noted, Wright presented substantial evidence of a troubled childhood, which clearly qualifies as evidence offered by the defendant in mitigation./5 Although the sentencing judge was not required to afford

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

Marcus Jones v. United States

114 F.3d 1191 · Court of Appeals for the Seventh Circuit · Aug 21, 1997

This testimony clearly constitutes evidence that Jones carried the gun. … Holmes, 93 F.3d at 294 ("However, other evidence established only the mere possession of firearms ..."); Ienco, 92 F.3d at 570 (evidence that defendants merely possessed the guns could have been basis for jury's verdict).

Environmental Barrier Co. v. Slurry Systems, Inc.

540 F.3d 598 · Court of Appeals for the Seventh Circuit · Aug 29, 2008

The bankruptcy court found that EBC was the only qualified purchaser of Geo-Con’s assets. … If, however, a party clearly and explicitly reserves the right to object to arbitrability, his participation in the arbitration does not preclude him from challenging the arbitrator’s authority in court.

Gamba M. Rastafari, A/K/A Gregory Rouster v. Rondle Anderson

278 F.3d 673 · Court of Appeals for the Seventh Circuit · Jan 22, 2002

, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) as the controlling precedent for Rouster’s three ineffective assistance of counsel claims, 11 *688 see Rouster, 705 N.E.2d at 1003-08 , and “Strickland undoubtedly qualifies … as ‘clearly established Federal law, as determined by the Supreme Court of the United States,’ within the meaning of [AEDPA].”

Frederick G. Celani v. Bekins Van Lines

948 F.2d 1292 · Court of Appeals for the Seventh Circuit · Nov 26, 1991

He also attempts to invoke various criminal statutes for which he clearly does not have standing. … This hardly fulfills RICO's requirement of a pattern of racketeering activity. 11 Notwithstanding the plaintiff's argument that Judge Bruner acted without jurisdiction, he is clearly entitled to judicial immunity.

Bernstein v. Bankert

733 F.3d 190 · Court of Appeals for the Seventh Circuit · Dec 19, 2012

In this case, the parties clearly chose to do the latter — a choice which the EPA typically has great weight to influence. c. … What Peniel shows is that the underlying nature of the claim is what matters, a principle which is well-established in Indiana law.

66 Fair empl.prac.cas. (Bna) 1275, 65 Empl. Prac. Dec. P 43,421 Greta L. Hutchison v. Amateur Electronic Supply, Inc., and Terry Sterman

42 F.3d 1037 · Court of Appeals for the Seventh Circuit · Dec 5, 1994

That conduct is egregious enough to offend the sensibilities of men as well as women cannot serve to immunize it for Title VII purposes. 12 It blinks reality to claim that sexual conduct which demeans women by a man in a … Nevertheless, a reduction in the case was clearly appropriate. This case was straightforward and not complex, yet the plaintiff sought more than $120,000 in attorney fees when the jury awarded Hutchinson $80,000.

United States v. Phillip E. Gutman

725 F.2d 417 · Court of Appeals for the Seventh Circuit · May 10, 1984

To establish abuse, the defendant must show that the admission or exclusion of evidence was in error and affected his substantial rights. Fed.R.Evid. 103. … Clearly, if a witness cannot openly relate to his attorney on a particular matter, he cannot competently testify regarding that matter. .

Timothy Wilks v. Welcome Rose

Court of Appeals for the Seventh Circuit · Mar 16, 2018

The judge added that the defendants would be entitled to qualified immunity even if they violated Wilks’s rights because he pointed to “no case establishing an inmate’s constitutional right to market or sell his published

Beach, Randall A. v. Commonwealth Edison

Court of Appeals for the Seventh Circuit · Aug 24, 2004

Sections 1002(1) and 1002(2)(A) define an applicable “plan” as one that is “established or maintained.” … Therefore, ERISA’s fiduciary duties attach to an employer such as ComEd when it is a “fiduciary” with respect to an “established” plan and “man- age[s]” or “administ[ers]” that established plan. 29 U.S.C. §§ 1002(1), (2)(

Fortunato H. Rivera v. Herbert Newkirk, D

103 F.3d 133 · Court of Appeals for the Seventh Circuit · Nov 27, 1996

As long as the state presents evidence of two prior felonies that qualify as such under the statute, the admission of evidence of a third felony that would not qualify as a separate felony under Indiana law because it overlapped … established federal law," or was based upon an unreasonable determination of the facts.

31 Fair empl.prac.cas. 1537, 32 Empl. Prac. Dec. P 33,684 Max Liberles v. County of Cook Jeffrey C. Miller, Director of the Illinois Department of Public Aid and Louis J. Giordano, Director of the Illinois Department of Personnel

709 F.2d 1122 · Court of Appeals for the Seventh Circuit · Jun 1, 1983

district court stated that "the gravamen of the complaint is that a disproportionate number of black workers were held in the lowest paying jobs and denied promotion into the next highest level job even though they were qualified … These cases concern the extension of the eleventh amendment's umbrella of state sovereign immunity to lesser governmental entities.

Dale Kleber v. CareFusion Corporation

Court of Appeals for the Seventh Circuit · Apr 26, 2018

Kleber alleged that the maximum experience cap was “based  on  unfounded  stereotypes  and  assumptions  about  older  workers, deters older workers from applying for positions …  and has a  disparate impact on qualified  … have  been  established  without  any  determination  of  their  actual  relevance  to  job  requirements,  and  are  defended  on  grounds  apparently  different from their actual explanation.” Id. at 7. 

United States v. Lawrence P. Bardin

224 F.2d 255 · Court of Appeals for the Seventh Circuit · Jul 1, 1955

Ct. 353, 358 , 40 L.Ed. 499 , “the burden of proof, as those words are understood in criminal law, is never upon the accused to establish his innocence, or to disprove the facts necessary to establish the crime for which … He also testified that in his opinion the expenditures of the defendant represented taxable income, qualifying this however as based upon assumptions that (i) defendant had no prior accumulations, (ii) the account “L.

Charles Arnhold v. Kenneth McGinnis

9 F.3d 112 · Court of Appeals for the Seventh Circuit · Oct 14, 1993

Patterson, 966 F.2d 230, 233 (7th Cir.1992). 6 It is well-established that "a prisoner is entitled to practice his religion insofar as doing so does not unduly burden the administration of the prison." Hunafa v. … immunity.

Jack O. Black, W.C. Gandert and J.J. Hults v. Interstate Commerce Commission and United States of America, Wabash Railroad Company and Norfolk and Western Railway Company, Intervening Party Lagrange County, Indiana v. Interstate Commerce Commission and United States of America, Wabash Railroad Company and Norfolk and Western Railway Company, Intervening Party

737 F.2d 643 · Court of Appeals for the Seventh Circuit · Jun 15, 1984

The Commission, however, rejected South Milford's offer of financial assistance on the grounds that it had not established itself as a financially responsible person capable of fulfilling its intention to purchase and operate … Sec. 11343 or HCRC should be required to meet the criteria to qualify as an offeror of financial assistance under 49 U.S.C. Sec. 10905 .

John Doe and Jane Doe v. Brady Smith, Dianne Shepard, Kathryn Fletcher

470 F.3d 331 · Court of Appeals for the Seventh Circuit · Nov 28, 2006

Indeed, in the case before us, the evidence in the record establishes only that Smith solicited a minor for a sex act over the telephone. … To hold otherwise and to impose such a requirement would, in effect, enlarge the terms of the policy beyond those clearly defined in the policy agreed to by the parties."); Jenkins v.