Case law

Gene F. Barany and Helen L. Elliott v. John Buller

670 F.2d 726 · Court of Appeals for the Seventh Circuit · Feb 10, 1982

As Justice Jackson remarked, in situations such as this in which no federal statute clearly applies the question arises whether in deciding the case we are bound to apply the law of some particular state or whether, to put … Consequently, one of the purposes of the 1934 Act was the establishment of federal jurisdiction over some credit unions.

Joyce Green v. U.S. Cash Advance Illinois

724 F.3d 787 · Court of Appeals for the Seventh Circuit · Jul 30, 2013

The NYSE Constitution clearly permits the NYSE to refuse the use of its facilities for the arbitration of any particular dispute. NYSE Const. Art. XI, § 3. … I recognize that parties can and do save time in negotiating contracts by choosing the package deals offered by well-established arbitration services.

Shirley Lacko v. United of Omaha Life Insurance

Court of Appeals for the Seventh Circuit · Jun 12, 2019

The Supreme Court and this court have clearly and con‐ sistently held that a conflict of interest is present where the administrator has both the authority to determine benefits and the obligation to pay them, and that such … Moreover, we would note that the Plan’s requirement of a “change” in a per‐ son’s physical or mental capacity in order to qualify for bene‐ fits does not by its terms preclude a degenerative condition from qualifying a claimant

Kenneth Baker v. Jean Lindgren

Court of Appeals for the Seventh Circuit · May 10, 2017

The  “fee  applicant  bears  the  burden  of establishing  entitlement  to  an  award  and  documenting  the appropriate hours expended and hourly rates.” Hensley, 461 U.S. at 437.  … The  district  court’s  misapprehension  of  the City’s calculation certainly qualifies as a manifest error of fact.

Tony Love v. Frank Vanihel

Court of Appeals for the Seventh Circuit · Jul 7, 2023

Per the Directive, the Department must revoke all accrued good time credit from inmates found guilty of qualifying offenses. … Such swift punishment defendants qualified immunity); Offet v.

United States v. Jose Chagoya-Morales

Court of Appeals for the Seventh Circuit · Jun 9, 2017

 reversal include: ‘failing to calculate  (or improperly calculating) the Guidelines range, treating the  Guidelines  as  mandatory,  failing  to  consider  the  [section]  3553(a) factors, selecting a sentence based on clearly … As our previous discussion establishes, the district court  correctly applied the sixteen‐level enhancement. We therefore  cannot accept Mr. 

Liquid Air Corporation v. Rogers

834 F.2d 1297 · Court of Appeals for the Seventh Circuit · Dec 10, 1987

We noted in Haroco that the language of subsection (c) clearly envisioned that the "person" (employee) and "enterprise" (employer) be different entities. Accord Petro-Tech, Inc. v. Western Co. of N. … Alexander was Liquid Air's comptroller and testified to the fair market value of the cylinders as a basis for the jury's award on the conversion count. 6 Defendants argue that Alexander was not sufficiently qualified to give

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.

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

United States of America and James A. Hill, Special Agent, Internal Revenue Service v. James E. Michaud and Mary L. Michaud

907 F.2d 750 · Court of Appeals for the Seventh Circuit · Jul 24, 1990

Thus, a district court can deny the Service's demands on a taxpayer if it finds that the Service has fallen short of establishing these four elements, or if the taxpayer otherwise establishes that the Service's request is … But all this is after referral, which is clearly and carefully defined in section 7602(c). Before referral, the IRS is free to use the summons procedure to investigate potential criminal liability.

United States v. Darren Richardson

Court of Appeals for the Seventh Circuit · Aug 12, 2011

not qualify for the enhancement.  … When  reconsidering whether Richardson’s conduct qualifies him for a § 2K2.1(b)(5) sentence enhancement, the district court must determine whether a preponderance of the evidence established that the defendant knew or should

United States v. Vizcarra

668 F.3d 516 · Court of Appeals for the Seventh Circuit · Feb 7, 2012

Africa, 552 F.3d 93, 152 (2d Cir. 2008) (“ ‘[A] district court calculating a Guidelines sentence may apply multiple Guidelines provi- sions based on the same underlying conduct where that is the result clearly intended by … Nothing about his participation suggests that he specially qualifies for leniency. The second two factors are related and rely largely on inferences that might be drawn from Vizcarra’s limited criminal his- tory.

Gutierrez, Francis v. AT&T Broadband, LLC

Court of Appeals for the Seventh Circuit · Sep 1, 2004

Those questions were quite clearly directed at finding additional witnesses who would assist plaintiffs in the discovery process. … Rather, the undisputed evidence establishes that Chicago Cable designed, compiled, and furnished the bills to its customers.

Tony Love v. Frank Vanihel

Court of Appeals for the Seventh Circuit · Jul 7, 2023

Per the Directive, the Department must revoke all accrued good time credit from inmates found guilty of qualifying offenses. … Such swift punishment defendants qualified immunity); Offet v.

Catholic Bishop of Chicago v. National Labor Relations Board

559 F.2d 1112 · Court of Appeals for the Seventh Circuit · Aug 3, 1977

summary judgment was inappropriate because the Board had never fully determined or addressed itself to the constitutional issues raised in the representation case, the Board responded that the constitutional contentions were clearly … The dissenters accepted as true the statement of the reason for the discharge but stated that they were “of opinion that the constitutional immunity of the press does not permit any legislative restriction of the authority

USA Gymnastics v. Liberty Insurance Underwriter

27 F.4th 499 · Court of Appeals for the Seventh Circuit · Feb 25, 2022

Liberty maintains that all the Nassar-re- lated claims qualify are “in any way related to” the ten instances of abuse for which he was criminally convicted. … USAG does not fall within this definition, and thus would not qualify for this carve-back which brings some otherwise excluded claims back into the policy.

National Labor Relations Board v. International Brotherhood of Electrical Workers Local Union No. 388

548 F.2d 704 · Court of Appeals for the Seventh Circuit · Jan 28, 1977

On or about February 11, 1975, members of Local 388 began an area standards picket action against Thomas, establishing two pickets at St. … It would clearly be free to receive supplies, but it would not be free to take extraordinary steps to stock up on ordinary supplies for an unduly extended period.

Shirley Lacko v. United of Omaha Life Insurance

Court of Appeals for the Seventh Circuit · Jun 12, 2019

The Supreme Court and this court have clearly and con‐ sistently held that a conflict of interest is present where the administrator has both the authority to determine benefits and the obligation to pay them, and that such … Moreover, we would note that the Plan’s requirement of a “change” in a per‐ son’s physical or mental capacity in order to qualify for bene‐ fits does not by its terms preclude a degenerative condition from qualifying a claimant

United States of America, Ex Rel. Securities and Exchange Commission v. Robert H. Billingsley

766 F.2d 1015 · Court of Appeals for the Seventh Circuit · Jun 26, 1985

Billingsley initially sought to establish a reasonable possibility of prejudice in this case by arguing that the judge’s response implicitly threatened the jury that they would be held over if they did not reach a verdict … We have not discussed or compared the doctors' individual qualifications because each has been accepted by the district court as qualified to render an expert opinion on fitness.

United States v. Reginald D. Wilson

390 F.3d 1003 · Court of Appeals for the Seventh Circuit · Dec 2, 2004

The resulting evaluation established that Wilson was indeed competent, and so in mid-December 2002 the district court reconvened the hearing on Wilson’s motion to compel. … Nowhere does the government ar *1010 gue that the district court clearly erred by disbelieving its asserted reasons for refusing to file a Rule 35(b) motion. See United States v.