Case law

Oswald v. General Motors Corp.

594 F.2d 1106 · Court of Appeals for the Seventh Circuit · Feb 26, 1979

We believe, however, that although the federal courts have narrowly interpreted the collateral order doctrine established in Cohen v. … Although particular documents or discussions conceivably could be immune from discovery as attorney work product or as privileged attorney-client communications, the existence of such privileges is best determined in the

Bagwe v. Sedgwick Claims Management Services, Inc.

811 F.3d 866 · Court of Appeals for the Seventh Circuit · Jan 26, 2016

that em- ployees similarly situated to the plaintiff other than in the protected characteristic received sys- tematically better treatment; and (3) pretext ev- idence, where the plaintiff is qualified … Sedg- wick clearly addressed Ms.

Mary Haley v. Kolbe & Kolbe Millwork Co.

Court of Appeals for the Seventh Circuit · Jul 11, 2017

Wolf’s re- port clearly assumed that the underside of the sash rails was “unprotected” and considered that fact a pertinent design fac- tor in his analysis. … See, e.g., Osler Inst., 333 F.3d at 837 (“Osler clearly knew the issues that were bothering the judge. It wasn’t ambushed by an argument that it couldn’t possibly address.”).

Simmons v. Interstate Commerce Commission

871 F.2d 702 · Court of Appeals for the Seventh Circuit · Apr 7, 1989

Some parties thought these lines qualified for the program. Under the provisions of the Rail Act, these lines are not eligible for acquisition under the program. … Clearly, Congress could have applied the section 10907 exemption to the feeder development program, but it chose not to do so.

Ernest Gibson v. American Cyanamid Company

760 F.3d 600 · Court of Appeals for the Seventh Circuit · Jul 24, 2014

Moreover, under a Wisconsin statute (which has since been repealed), landlords could immunize themselves from liability if they had received a certificate (from a certified lead-risk assessor) that the housing units were … On appeal, the parties debate whether Eastern Enterprises establishes a rule of decision.

REXA, Inc. v. Mark Chester

Court of Appeals for the Seventh Circuit · Jul 28, 2022

REXA asserts the “2002 Designs,” in- cluding the actuator prototype, qualify as trade secrets and were maintained as such. … Those allegations are thus precluded by the ITSA, which establishes the standard for proving allegations of mis- appropriation.

Jose L. Gamboa-Garibay v. Immigration and Naturalization Service

67 F.3d 301 · Court of Appeals for the Seventh Circuit · Sep 20, 1995

Nor does it appear that the Board's decision contravened any established policies. … failed to establish that his deportation to Mexico would result in extreme hardship.

United States v. Franzen

686 F.2d 1238 · Court of Appeals for the Seventh Circuit · Sep 16, 1982

Rader's report to the trial judge explains his competency finding more clearly: 18 Concerning his competency to stand trial, Mr. Bilyew will obviously be at some disadvantage. … Because the evidence was very close, there clearly is such a reasonable possibility. Four experts examined Bilyew.

Keith Dookeran v. Cook County

719 F.3d 570 · Court of Appeals for the Seventh Circuit · May 3, 2013

Invoking the principle that “ ‘legislative intent to abrogate the common law must be clearly and plainly expressed,’ ” id. (quoting Maksimovic v. … He followed established law by waiting to pursue his federal claims in federal court. He should not be penalized by a claim preclusion bar for having done so.

B. Doe, M.D., on Behalf of B. Doe and B. Doe's Patients v. St. Joseph's Hospital of Fort Wayne

788 F.2d 411 · Court of Appeals for the Seventh Circuit · Apr 2, 1986

Plaintiff in the case before us similarly has not alleged facts sufficient to establish the required nexus. … Thus, appellant should be allowed to make a showing that defendant has discriminato-rily interfered with her employment opportunities in such a way as would fit clearly into the Sibley analysis.

St. Francis Hospital Center v. Heckler

714 F.2d 872 · Court of Appeals for the Seventh Circuit · Aug 12, 1983

Under Part A of the Medicare Act, 42 U.S.C. §§ 1395c-1395Í-2, which provides hospital insurance benefits to qualified elderly and/or disabled recipients, hospitals are reimbursed for the “reasonable cost” of providing services … This is contrary to the mandate in Section 1861(v)(l)(A) of the Act and the Board’s finding in this regard is clearly erroneous.

United States v. Noel

581 F.3d 490 · Court of Appeals for the Seventh Circuit · Sep 4, 2009

Noel has therefore established that the court's failure to address him personally was plain error that affected his substantial rights. c. … The record does not clearly indicate the letter's purpose, and it even suggests that the choice to read the letter during the sentencing hearing was not Noel's.

United States v. Lamar E. Sanders

708 F.3d 976 · Court of Appeals for the Seventh Circuit · Feb 28, 2013

More importantly, the other considerations referenced earlier clearly outweighed that value. … For that reason, Sanders seeks to find a version of kidnapping that does not qualify for the higher penalty.

Indiana Protection and Advocacy Services Comm'n v. Indiana Family and Social Services Administration

Court of Appeals for the Seventh Circuit · Aug 11, 2025

None of these findings is clearly erroneous. … It is the State’s burden to establish its fundamental-alteration defense. See Steimel, 823 F.3d at 916. To that end, FSSA makes two argu- ments.

Indiana Protection and Advocacy Services Comm'n v. Indiana Family and Social Services Administration

Court of Appeals for the Seventh Circuit · Aug 11, 2025

None of these findings is clearly erroneous. … It is the State’s burden to establish its fundamental-alteration defense. See Steimel, 823 F.3d at 916. To that end, FSSA makes two argu- ments.

Boomer, Frank H. v. AT&T Corporation

Court of Appeals for the Seventh Circuit · Oct 18, 2002

The arbitration process established by this section is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1-16. … You have the right to take any dispute that qualifies to small claims court rather than arbitration.

8 Fair empl.prac.cas. 577, 8 Empl. Prac. Dec. P 9658 William A. Waters and Donald Samuels v. Wisconsin Steel Works of International William A. Waters and Donald a Corporation, and United Order of American Bricklayers and Stone Masons, Local 21, an Unincorporated Association, United Order of American Bricklayers and Stone Masons, Local 21 v. William A. Waters and Donald Samuels, International Harvester Company v. William A. Waters and Donald Samuels

502 F.2d 1309 · Court of Appeals for the Seventh Circuit · Nov 26, 1974

The history points out that: 34 'Title VII would have no effect on established seniority rights. Its effect is prospective and not retrospective. … ) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the

Calvin Thoele v. Aetna Casualty & Surety, Defendant-Counterdefendant-Appellee v. Michael and Elvera Kanak, Individually and as Husband and Wife and as Parents and Natural Guardians of Angela Kanak, a Minor, Counterplaintiffs-Appellants

39 F.3d 724 · Court of Appeals for the Seventh Circuit · Oct 28, 1994

BACKGROUND 2 In 1978 or 1979, Sharon Thoele decided to establish a babysitting service at the Thoeles' home in Cahokia, Illinois. … Sharon Thoele's babysitting clearly falls within the scope of both this example and the notion of a business pursuit generally.

Robert J. Paters v. United States

159 F.3d 1043 · Court of Appeals for the Seventh Circuit · Oct 28, 1998

That standard clearly is less demanding than a preponderance of the evidence standard, which the Strickland Court explicitly rejected as too stringent. See id. … And, as I interpret Prewitt, an "unsupported assertion" is one that does not qualify as objective proof of the petitioner's claims.

White, Phil v. Indiana Parole Board

Court of Appeals for the Seventh Circuit · Sep 26, 2001

established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State … Saxner, 474 U.S. 193 (1985) (members of prison disciplinary boards are not treated as judges for the purpose of absolute immunity).