Case law
Opinions from 1658 to today.
9,632 results
1.42s
United States v. Nicholas D'andrea, Jack Ware and Nelson Harris
585 F.2d 1351 · Court of Appeals for the Seventh Circuit · Nov 2, 1978
The processing of the application was delayed, however, by Freeman's inability to secure a general contractor with sufficient bonding to qualify for federal insurance. … Indeed, even if a stenographic transcript be kept, the cost is clearly justified by the improved administration of criminal justice.
Overruled on other grounds by United States v. Read, 658 F.2d 1225 (1981)Cited 10 timesPublished52 F.3d 1448 · Court of Appeals for the Seventh Circuit · Apr 18, 1995
Vining personally supervised the Swazieks’ foster parent training and believed that the Swazieks were qualified foster parents and would be able to give Doe the attention she needed for they had only one child, who was older … Additionally, the judge clearly stated that these standards “certainly do not mandate the jury. They are not binding on the jury to follow.”
Cited 11 timesPublished633 F.3d 552 · Court of Appeals for the Seventh Circuit · Jan 21, 2011
The Motorola 401(k) Savings Plan The Plan is a defined-contribution plan established pursuant to ERISA section 407, 29 U.S.C. § 1107(d)(3). … em- 32 Nos. 07-3837 & 09-2796 ployer real property or qualifying employer securities (as defined in section 1107(d)(4) and (5) of this title).
Cited 85 timesPublishedChicago Joe's Tea Room, LLC v. Village of Broadview
94 F.4th 588 · Court of Appeals for the Seventh Circuit · Feb 26, 2024
First, the district court’s conclusions are clearly supported by the extensive differences between the planned Chicago Joe’s and the actual Polekatz businesses. … The many differences between Chicago Joe’s and Polekatz, combined with the hidden assumptions Donahue used in his lost-profits estimates, support the district court’s finding that his estimates did not qualify as lay opinion
Cited 20 timesPublished433 F.3d 558 · Court of Appeals for the Seventh Circuit · Jan 11, 2006
The defendants used her heritage as a qualifier in the course of their harassment (“[H]e would tell me again about me being the most beautiful Greek woman that he’s ever met, and he told me that, again, most Greek women * … “Awards in other cases provide a reference point that assists the court in assessing reasonableness; they do not establish a range beyond which awards are necessarily excessive.
Cited 174 timesPublishedHyperquest, 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.
Cited 42 timesPublishedBlack v. Interstate Commerce Commission
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 *648 fulfilling its intention to purchase and … constitutes the sale of a line between two operating rail carriers and that either HCRC and N & W should be required to seek ICC approval of the sale under 49 U.S.C. § 11343 or HCRC should be required to meet the criteria to qualify
Cited 4 timesPublished642 F.2d 1065 · Court of Appeals for the Seventh Circuit · Feb 26, 1981
The date so established shall become the individual's vacation anniversary date for all vacation purposes thereafter. 28 34. … While vacations may be taken only if eventually earned, it is clearly the scheme of the contract to permit flexibility in vacation scheduling.
Cited 3 timesPublished447 F.2d 1029 · Court of Appeals for the Seventh Circuit · Sep 29, 1971
the witness to establish a clear foundation bringing into play the rule. … Evidence offered to prove damages would have no materiality until liability has been established.
Cited 10 timesPublishedCourt of Appeals for the Seventh Circuit · Jun 18, 2015
Because Li waived her religion claim and the IJ did not clearly err in No. 14‐2178 Page 2 concluding that her evidence of the forced abortion was too … Because Li could not meet the less demanding burden of proof for asylum, the IJ concluded that Li did not qualify for withholding of removal or CAT protection.
Cited 0 timesUnpublishedUnited States ex rel. Hoover v. Franzen
669 F.2d 433 · Court of Appeals for the Seventh Circuit · Jan 12, 1982
In the present case, however, the state law claim is being asserted against a party over whom independent federal court jurisdiction clearly exists. … However, this subsequent change in the interpretation of § 1983 “in no way qualifies the holding in Aldinger that the jurisdictional questions presented in a case .. . are statutory as well as constitutional . . . . ” Owen
Cited 47 timesPublishedT. Bruce Vest and E.P. Vest v. Commissioner of Internal Revenue
89 F.3d 839 · Court of Appeals for the Seventh Circuit · Jun 24, 1996
The evidence established that Dr. Vest claimed a tax credit after having been informed by the hospital that he was not entitled to such a credit. Even more damaging is the fact that Dr. … Vest concealed the "Contract for Lease" which clearly prevented him from claiming the Investment Tax Credit and instead produced the "Operating Agreement" and "Gift Letters," which would have allowed the Investment Tax Credits
Cited 0 timesUnpublishedUnited States v. Willie A. Newman
144 F.3d 531 · Court of Appeals for the Seventh Circuit · May 20, 1998
Newman’s ex post facto claim falters on this ground because we do not believe that restitution qualifies as a criminal punishment. … If the legislature nominally designates a penalty as civil or if the label is ambiguous, courts look deeper to see “whether the statutory scheme was so punitive either in purpose or effect ... as to transform] what was clearly
Cited 119 timesPublishedJacqueline Sterling v. Southlake Nautilus Health & Racquett Club, Incorpo
140 F.4th 924 · Court of Appeals for the Seventh Circuit · Jun 20, 2025
Applying this standard, we reverse only if the court premised its decision on an incorrect legal principle or a clearly erroneous factual finding, or reached an unreasona- ble result. … Under the common law of defamation, categories of com- munications deemed virtually certain to cause serious injury to reputation—including those that impute certain criminal conduct—qualify as defamatory per se.
Cited 2 timesPublishedUnited States v. Hernandez, Abraham
Court of Appeals for the Seventh Circuit · Jun 3, 2003
Thus, his attempt to estab- lish a close relation based on time frame clearly does not work. … In 1996, he again sold drugs, and this violation led to the instant federal offense—precisely the situation that the guide- lines tell us does not qualify as a related offense.
Cited 0 timesPublished706 F.2d 782 · Court of Appeals for the Seventh Circuit · May 26, 1983
reach only items intended for introducing a controlled substance into the body, testing the strength, effectiveness, or purity of a controlled substance, or enhancing the effect of a controlled substance, their prohibitions clearly … The ordinance at issue in Eagan defined "drug-related device" as "any pipe or other object suitable for smoking," id. at 28 , and qualified this extremely broad definition by a listing of characteristics, in themselves ambiguous
Cited 4 timesPublished556 F.2d 822 · Court of Appeals for the Seventh Circuit · May 13, 1977
Nor can we review unspecified "clearly erroneous findings of fact and conclusions of law, and the deprivation of Petitioner's right to due process of law." … We do not take these clearly unfair permit conditions as lightly as it appears the agency itself does.
Cited 1 timesPublishedCraig A. Mitran v. County of Dupage
946 F.2d 897 · Court of Appeals for the Seventh Circuit · Nov 14, 1991
Who qualifies as such a "final policymaker" is a question for the trial court to answer, using state and local laws and "custom or usage having the force of law." Jett v. … Mitran has not established that Dr.
Cited 0 timesUnpublishedUnited States v. Levi C. Garrett
36 F.3d 1099 · Court of Appeals for the Seventh Circuit · Sep 23, 1994
On appeal, defendant claims that Judge Gilbert's application of the Sentencing Guidelines was clearly erroneous and imposed in violation of law. … Three total criminal history points thus established a criminal history category of two under the sentencing table at U.S.S.G. Ch. 5, Part A.
Cited 0 timesUnpublished260 F.2d 286 · Court of Appeals for the Seventh Circuit · Sep 23, 1958
I do not see how it could be more clearly stated. … It marks a court's retreat from a long-established line of defense.
Cited 41 timesPublished
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