Case law

Bogustawa Frey v. Hotel Coleman

Court of Appeals for the Seventh Circuit · Sep 11, 2018

The  phrase  “as  well  as  individuals,”  the  Court  rea‐ soned,  clearly  demarcated  the  term  “individual”  from  “the  list  of  artificial  entities  that  precedes  it.”  Id.  … A plaintiff need  not establish that every Knight factor falls in her favor in order  to prevail. See, e.g. 

Alfred Bourgeois v. T.J. Watson

977 F.3d 620 · Court of Appeals for the Seventh Circuit · Oct 6, 2020

“[A] factual or legal error may alone be sufficient to establish that the court abused its discretion in making its fi- nal determination.” … To begin, Bour- geois himself did not clearly parse out separate Atkins and FDPA claims.

37 Fair empl.prac.cas. 1456, 37 Empl. Prac. Dec. P 35,271 Anthony J. Graczyk v. United Steelworkers of America, John Howard, Peter Calacci, and Harold Picard v. United Steelworkers of America

763 F.2d 256 · Court of Appeals for the Seventh Circuit · May 20, 1985

No. 493: 30 [With respect to] the amendment to delay the effective date for collectively bargained employee benefit plans, the precedent for such a delay was established in the Equal Pay Act of 1963. … Moreover, if, as in this case, the provision under consideration does not call for special expertise or competence in its interpretation, the judiciary is at least as qualified as an administrative agency to provide that

Reedsburg Utility Commission v. Grede Foundries, Inc. (In Re Grede Foundries, Inc.)

651 F.3d 786 · Court of Appeals for the Seventh Circuit · Jul 13, 2011

See In re Stringer, 847 F.2d 549, 552 (9th Cir. 1988) (“Con- gress clearly intended the automatic stay to be quite broad. … Because Reedsburg’s utility charges do not qualify as special taxes or special assessments, the § 362(b)(18) exception does not apply to Reedsburg’s actions. III.

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

L. G. Balfour Company, a Corporation, and Burr, Patterson & Auld Company, a Corporation v. Federal Trade Commission

442 F.2d 1 · Court of Appeals for the Seventh Circuit · Apr 5, 1971

and that the exclusive dealing contracts between petitioners and each fraternity may be legal assignments of those rights, petitioners’ illegal accumulation and enforcement of these agreements cannot, because of that, be immunized … The findings of the hearing examiner establish that at times relevant to this proceeding Balfour owned BPA and Edwards Haldeman, which is no longer in existence.

Antonio Lopez-Aguilar v. State of Indiana

Court of Appeals for the Seventh Circuit · May 9, 2019

Lopez-Aguilar “appear[ed] to have a strong case,” but noted that “litigating the merits” would involve difficult disputes over the defendants’ qualified im- munity defense and the facts surrounding his detention.11 Finally … Because the State established a cognizable injury-in-fact, see Taylor, 477 U.S. at 137 (recognizing that “a State clearly has a legiti- mate interest in the continued enforceability of its own stat- utes”), and because we

Joseph Booker v. C.R. Industries, Inc.

12 F.3d 1100 · Court of Appeals for the Seventh Circuit · Dec 6, 1993

Roy Sample, "said that he considered Frank Surowka more qualified." … Booker clearly satisfied the first three elements, and probably could have satisfied the fourth had he responded to CRI's motion. See Oxman, 846 F.2d at 455 ; Matthews v.

Antonio Lopez-Aguilar v. State of Indiana

Court of Appeals for the Seventh Circuit · May 9, 2019

Lopez-Aguilar “appear[ed] to have a strong case,” but noted that “litigating the merits” would involve difficult disputes over the defendants’ qualified im- munity defense and the facts surrounding his detention.11 Finally … Because the State established a cognizable injury-in-fact, see Taylor, 477 U.S. at 137 (recognizing that “a State clearly has a legiti- mate interest in the continued enforceability of its own stat- utes”), and because we

Medcom Holding Company, Cross-Appellee v. Baxter Travenol Laboratories, Inc. And Medtrain, Inc.

100 F.3d 1241 · Court of Appeals for the Seventh Circuit · Nov 7, 1996

Michel, 66 F.3d 894, 904 (7th Cir.1995) (requiring “clearly inconsistent” positions for judicial estoppel to apply). There is no self-contradiction in MHC’s positions. … [MHCJs evidence did not permit the jury to adjust its verdict downward if it decided only to partially accept Reagan’s qualified opinion that the balance sheet should be reduced by $4,000,000.

United States v. Frank Smith, Keith McCain Russell Ellis, Eric Wilson, Sherman Moore, Steven Pink and Charles Poteete

223 F.3d 554 · Court of Appeals for the Seventh Circuit · Aug 17, 2000

If an indictment has not been challenged in the trial court, it is immune from attack “unless it is so obviously defective as not to charge the offense by any reasonable construction.” United States v. … Pink managed “Pink’s Alley” and thus qualified in this way for the enhancement as well.

United States v. Loumard Harris

394 F.3d 543 · Court of Appeals for the Seventh Circuit · Jan 11, 2005

egregious of ineffective assistance claims are appropriately brought on direct appeal because there is no risk to delaying until a fully developed record is made. 7 Harris’s complaint about McKinley does not come even close to qualifying … See Sentencing Tr. at 7 (“Clearly, the criminal history category is there. There is no dispute over that.”). In light of our holding in Pittman , Harris’s challenge to his sentence fails. AFFIRMED. 1 .

United States v. Michael Mustread

42 F.3d 1097 · Court of Appeals for the Seventh Circuit · Dec 19, 1994

If the defendant objects to a sentence adjustment for obstruction of justice based on perjury, the trial judge must make an independent finding establishing that perjury. United States v. … Like the Tenth Circuit, “[w]e do not believe that the guidelines intend to define organizer or leader so broadly that nearly every member of a conspiracy qualifies.” United States v.

Miranda, Brian v. Leibach, Blair

Court of Appeals for the Seventh Circuit · Jan 20, 2005

We believe that the rule requiring that all issues for appeal be preserved in a written post-trial motion is solidly established in Illinois law. … Ct. 407 (1963)], qualifies as an intervening circumstance” that may purge post-arrest confession of taint of unlawful arrest); see also, e.g., State v. Miller, 921 P.2d 1151, 1157-58 (Ariz. 1996); Hanna v.

Debra Leveski v. ITT Educational Services, Inc

719 F.3d 818 · Court of Appeals for the Seventh Circuit · Jul 8, 2013

Specifically, Congress became concerned in 1992 that “recruiters [of students for institutions of higher education] paid by the head are tempted to sign up poorly qualified students who will derive little benefit . . . and … Furthermore, because ITT raised a factual (instead of a facial) challenge to jurisdic- tion, we are “not bound to accept as true the allegations of the complaint which tend to establish jurisdiction.” Grafon Corp. v.

United States v. Charles Emenogha, Gibson Nwafor, and Vincent Nwafor

1 F.3d 473 · Court of Appeals for the Seventh Circuit · Jul 12, 1993

This court has said that such evidence is subject to a four-prong test: it is admissible if (1) it is directed toward establishing a matter other than the defendant’s propensity to commit the crime, (2) the evidence was sufficient … a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

United States v. Kentrevion Watkins

107 F.4th 607 · Court of Appeals for the Seventh Circuit · Jul 8, 2024

As outlined above, the trial evidence clearly showed that the Bomb Squad was a distinct group that protected specific territory in Peoria. … It was not clearly erroneous for the district court to find that Watkins gave the gun to Brock, knowing (indeed, wanting) Brock to shoot Polnitz.

United States v. Michael Napadow

Court of Appeals for the Seventh Circuit · Feb 23, 2010

Between 6 (...continued) trial proceedings or for the trial itself with- in the time limits established by this section. … His assertion of speedy trial rights is qualified by the application of the pretrial motion exclusion.9 8 See also United States v.

ESTATE OF

395 F.3d 747 · Court of Appeals for the Seventh Circuit · Jan 14, 2005

Id. 29 The defendants' conduct in this case qualifies as truly reprehensible. Taking the facts in the light most favorable to the verdict, Roy v. … To throw a man's head against concrete when he is handcuffed and presents no threat is clearly excessive and malicious.

In Re Federal Facilities Realty Trust. Darrow v. Mosser. Guild v. Darrow

184 F.2d 1 · Court of Appeals for the Seventh Circuit · Sep 21, 1950

It was pointed out that they were well qualified to assist because of their intimate knowledge of the workings of the trusts and their subsidiaries. … Clearly the trustee was responsible to the estate for the profits so made — and the Court so held.