Case law

In Re General Motors Corporation Engine Interchange Litigation

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

Halcon International, Inc. v. Monsanto Australia Limited

446 F.2d 156 · Court of Appeals for the Seventh Circuit · Aug 11, 1971

O'Connell, 295 N.Y. 336 , 67 N.E.2d 570 (1946). 26 Since the savings clause of Section 2 is limited to "revocation," this is clearly the only type of "unmaking" contemplated by the act — that is, an unmaking resulting from … In ITT the court held that waiver was not established. 43 Our decision in Flair Builders, which relied to some extent upon Ironall, demonstrates the difficulty in attempting to apply labor arbitration cases to commercial

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.

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.

National Labor Relations Board v. Perfect Circle Co.

162 F.2d 566 · Court of Appeals for the Seventh Circuit · Jun 19, 1947

Nor can we see wherein the Examiner was better qualified to pass on the action which the four would have taken, had B. attempted to go through the gate, than we are now. … The evidence in this case conclusively establishes that the four men did actually prevent the company's manager from entering the property.

United States v. Holly King

Court of Appeals for the Seventh Circuit · Jun 3, 2009

At sentencing, the district court found that both defendants qualified for a two‐level enhancement under U.S.S.G. § 2D1.11(b)(1) for possession of a dangerous weapon in connection with the conspiracy.   … The district court did not clearly err in enhancing the defendants’ Guidelines ranges under § 2D1.11(b)(1).  

United States v. Clarence Bonds

Court of Appeals for the Seventh Circuit · Nov 21, 2024

The Text of the Criminal Justice Act The Criminal Justice Act establishes the legal framework for effective representation of indigent defendants in federal criminal cases. … In fact, Reddick, Whitebird, Miranda, and Dirring all said clearly that appointment of CJA counsel in those cases was left to the court’s discretion, as I contend.

Hondo, Inc. v. Sterling

21 F.3d 775 · Court of Appeals for the Seventh Circuit · Apr 13, 1994

Prior to Harlan Sprague it was well established that state courts have "concurrent jurisdiction to enforce rights created by a federal statute," such as Sec. 1983. Colvin v. … McNary, 454 U.S. 100 , 102 S.Ct. 177 , 70 L.Ed.2d 271 (1981). 1 Local governments are authorized to establish "economic revitalization areas" within their boundaries. Ind.Code.

Muriel D. Black v. Michael P. Lane, Michael Neal, P.A. Severs, Captain

22 F.3d 1395 · Court of Appeals for the Seventh Circuit · May 31, 1994

[A] court should ask whether relief is possible under any set of facts that could be established consistent with the allegations. 14 Id. at 1078 (citations omitted); see also Kaylor v. … However, the magistrate judge and this court in Black I clearly stated that any alleged retaliation was tied to that complaint before the Department of Justice; thus I accept that determination.

Jacqueline Goldberg v. 401 N. Wabash Venture, L.L.C.

755 F.3d 456 · Court of Appeals for the Seventh Circuit · Jun 10, 2014

He is the president of a company that manages con- dominium hotels, and is therefore qualified to testify about the problems that developers of this relatively recent type of condominium project are likely to encounter. … Goldberg asks us to certify to the Supreme Court of Illi- nois the question what is required to establish a “common enterprise” in Illinois, without which as we noted her in- vestment could not have been a security.

United States v. Clarence Bonds

Court of Appeals for the Seventh Circuit · Nov 21, 2024

The Text of the Criminal Justice Act The Criminal Justice Act establishes the legal framework for effective representation of indigent defendants in federal criminal cases. … In fact, Reddick, Whitebird, Miranda, and Dirring all said clearly that appointment of CJA counsel in those cases was left to the court’s discretion, as I contend.

Orozco, Omar A. v. Gonales, Alberto

206 F. App'x 593 · Court of Appeals for the Seventh Circuit · Nov 22, 2006

Nor did Orozco establish, the IJ added, that the threats he received were on account of his membership in a “social group.” … The BIA concluded that the IJ’s adverse credibility finding was not clearly erroneous, and that even had Orozco been credible, the unfulfilled threats he recounted failed to constitute past persecution or support a well-founded

In the Matter of Wabash Valley Power Association, Incorporated, Debtor-Appellee. Appeal of United States of America, on Behalf of the Rural Electrification Administration

72 F.3d 1305 · Court of Appeals for the Seventh Circuit · Mar 20, 1996

Following the principle established in Federal Power Comm'n v. … The bankruptcy court also found that this contribution qualified the arrangement for invocation of the new value exception.

Moran, Debra C. v. Rush Prudential HMO

Court of Appeals for the Seventh Circuit · Oct 19, 2000

Section 514, however, contains a saving clause, sec. 514(b)(2)(A), which qualifies sec. 514(a) by excepting state laws from preemption when those laws "regulate[ ] insurance." 29 U.S.C. sec. 1144(b)(2)(A); see Ward, 526 U.S … Section 4-10 clearly satisfies the second and third McCarran-Ferguson factors./3 The second McCarran-Ferguson factor is satisfied because sec. 4-10 creates a mandatory term in the insurance contract and, thus, "changes the

United States v. Mansoori, Bahman

Court of Appeals for the Seventh Circuit · Aug 29, 2002

None of these three factual determinations was clearly erroneous. … The district court did not clearly error in imposing the obstruction enhancement. We have previously upheld such an enhancement based on the defendant’s refusal to provide a handwriting exemplar. United States v.

United States v. Clarence Bonds

Court of Appeals for the Seventh Circuit · Nov 21, 2024

The Text of the Criminal Justice Act The Criminal Justice Act establishes the legal framework for effective representation of indigent defendants in federal criminal cases. … In fact, Reddick, Whitebird, Miranda, and Dirring all said clearly that appointment of CJA counsel in those cases was left to the court’s discretion, as I contend.

Hyperquest, Inc. v. N'Site Solutions, Inc.

632 F.3d 377 · Court of Appeals for the Seventh Circuit · Jan 19, 2011

II The Copyright Act restricts the set of people who are entitled to bring a civil action for infringement to those who qualify as “[t]he legal or beneficial owner of an exclusive right under a copyright . . . .” 17 U.S.C … Another pos- sibility, closer to the mark, is that the Copyright Act establishes criteria for the real party in interest, as that term is used by Federal Rule of Civil Procedure 17(a). See generally 6 W ILLIAM F.

Stephen Wesbrook v. Karl Ulrich

840 F.3d 388 · Court of Appeals for the Seventh Circuit · Oct 20, 2016

One member of the interview committee remarked: “I would be reluctant to hire someone who has so clearly and dramatically polarized the basic scientists that constitute the ‘core’ of the research organization.” … App. 2008) (citing Preston for the unremarkable prop- osition that employment at will qualifies as a contractual relationship).

Leroy Knies and Nancy Knies v. Commissioner of Internal Revenue, Michael Clark, Individually, and United States of America

952 F.2d 405 · Court of Appeals for the Seventh Circuit · Jan 9, 1992

Knies has failed to establish federal court jurisdiction. … Under the principles of sovereign immunity, "the United States, as sovereign, 'is immune from suit, save as it consents to be sued ... and the terms of its consent to be sued in any court define that court's jurisdiction