Case law

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  • Hardwick v. John & Mary E. Kirby Hospital

    860 F. Supp. 2d 641 · District Court, C.D. Illinois · Feb 22, 2012

    DISCRIMINATION UNDER THE ADA To establish a prima facie case of discrimination under the ADA, a plaintiff must prove that: (1) she is a qualified individual with a disability; (2) the employer was aware of the disability; … RETALIATION UNDER THE ADA Plaintiff claims that she can establish a prima facie case of retaliation using the direct method of proof.

    Cited 3 timesPublished
  • Heritage Federal Credit Union v. Cox (In re Cox)

    175 B.R. 266 · District Court, C.D. Illinois · Dec 12, 1994

    The loan was structured in the manner that it was because the DEBTORS did not qualify for a loan. … There were not two separate transactions in which B first lent the money to A, and A subsequently paid it over to X, in which case it would have been clearly A’s money which was paid to X.

    Cited 1 timesPublished
  • Sloan v. County of Macon

    District Court, C.D. Illinois · Sep 26, 2022

    Defendants assert that the State’s Attorney’s Office had statutory authority over MCSAO employees, so the County could not have had the “significant control” necessary to qualify as a joint employer. … As the Court makes this determination, it does not further consider Defendants’ arguments asserting the privileges of absolute immunity and business judgment discretion. See Fellhauer v.

    Cited 0 timesUnknown
  • Davis

    District Court, C.D. Illinois · Dec 18, 2025

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. … To establish First Amendment retaliation, Plaintiff must successfully allege that (1) his speech was constitutionally protected, (2) he suffered a deprivation likely to deter free speech, and (3) his speech was at least

    Cited 0 timesUnknown
  • Helton

    District Court, C.D. Illinois · Jan 20, 2026

    Thus, contrary to Plaintiff’s position, the job description clearly contemplates that she might be directed or needed to personally provide training—just as she was in this instance by Aptke and Gray. … Sept. 1, 2016), aff’d, 884 F.3d 633 (7th Cir. 2018) (“Having failed to establish that she is a qualified individual for the purposes of the ADA, Guzman’s ADA claim necessarily fails and Defendant’s request for summary

    Cited 0 timesUnknown
  • Foley v. PLUMBERS & STEAMFITTERS LOCAL 149

    109 F. Supp. 2d 963 · District Court, C.D. Illinois · Jul 19, 2000

    Any document, affidavit or excerpts of transcript claimed to establish an issue of fact must be referenced by page and attached as an exhibit. … What qualifies as proper service of charges of a union member by a labor organization is not clearly defined.

    Cited 1 timesPublished
  • COOK ON BEHALF OF COOK v. Sullivan

    812 F. Supp. 893 · District Court, C.D. Illinois · Jan 26, 1993

    The establishment of disability under the Act is a two-step process. … Clearly the simple paperwork skills Plaintiff acquired as a truck driver could not be useful in the more complex jobs of hotel/motel clerk and order clerk.

    Cited 0 timesPublished
  • Arroy v. Clark

    District Court, C.D. Illinois · Apr 19, 2023

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. §1915A … In addition, “negligence, gross negligence, or even recklessness as the term is used in tort cases is not enough” to establish an Eighth Amendment violation. Hildreth v.

    Cited 0 timesUnknown
  • Graham Hospital Ass'n v. Sullivan

    832 F. Supp. 1235 · District Court, C.D. Illinois · Aug 27, 1993

    FACTUAL BACKGROUND Plaintiff, Graham Hospital Association (“Graham”), participates as a fully qualified provider of hospital services and skilled nursing services under the Federal Health Insurance Program for the Aged and … Plaintiff argues that 42 C.F.R. § 413 clearly indicates that providers are to keep records, prepare reports, and therefore be reimbursed pursuant to the principles of GAAP.

    Cited 2 timesPublished
  • Jarju v. St Johns Hospital of the Sister Third Order

    District Court, C.D. Illinois · Mar 31, 2025

    John’s does not dispute Jarju engaged in a protected activity by requesting accommodations and her termination is clearly an adverse action. St. … Failure to Accommodate To establish a failure to accommodate claim, Jarju must show that: (1) she is both qualified and has a disability; (2) St. John’s was aware of the disability; and (3) St.

    Cited 0 timesUnknown
  • Newcomer v. Mountain

    District Court, C.D. Illinois · Mar 3, 2025

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” § 1915A. … The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. 12.

    Cited 0 timesUnknown
  • Williams v. Kozak

    District Court, C.D. Illinois · May 16, 2025

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. … “To state a property loss claim under the Fourteenth Amendment, Plaintiff must establish a deprivation of liberty or property without due process of law.

    Cited 0 timesUnknown
  • Kent v. Adesanya

    District Court, C.D. Illinois · Jul 5, 2023

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. … Formal service will require Defendant to pay the associated costs under Federal Rule of Civil Procedure 4(d)(2). 12) The Court directs the Clerk to enter the standard qualified

    Cited 0 timesUnknown
  • Rush v. Leininger

    District Court, C.D. Illinois · Jan 9, 2020

    Plaintiff has not clearly articulated a claim based on a failure to intervene. … In addition, it appears the cuffing guidelines were the result of an established Administrative Directive, not a change in policy.

    Cited 0 timesUnknown
  • Leskovisek v. Illinois Department of Transportation

    District Court, C.D. Illinois · Dec 11, 2020

    The statute clearly prohibits disability discrimination in the job application process. … Page 22 of 51 To establish a failure to accommodate claim, Plaintiffs must show that: (1) they are qualified and have a disability; (2) Defendants were aware of

    Cited 0 timesUnknown
  • Anderson

    District Court, C.D. Illinois · Aug 26, 2026

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. … will require that Defendant to pay the total costs of formal service under Federal Rule of Civil Procedure 4(d)(2). 12) The Court directs the Clerk to enter the standard qualified

    Cited 0 timesUnknown
  • Larry v. Nurse

    District Court, C.D. Illinois · Mar 4, 2025

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. … It is also well established that deliberate indifference to a serious medical need is actionable as a violation of the Eighth Amendment. Hayes v. Snyder, 546 F.3d 516, 522 (7th Cir. 2008).

    Cited 0 timesUnknown
  • Latchford v. Duncan

    District Court, C.D. Illinois · Oct 17, 2023

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” … Plaintiff does not provide any information about content of his grievances or clearly identify the dates he submitted them.

    Cited 0 timesUnknown
  • Jones v. Bowen

    660 F. Supp. 1115 · District Court, C.D. Illinois · Mar 9, 1987

    In order to qualify for a period of disability insurance benefits under the Social Security Act (“Act”), an individual must meet the insured status requirements under the Act, be under the age of sixty-five, file an application … The burden of proof is on the claimant to establish his or her entitlement to disability insurance benefits. Jeralds v. Richardson, 445 F.2d 36 (7th Cir.1971).

    Cited 1 timesPublished
  • Pierson v. Dean, Witter, Reynolds, Inc.

    551 F. Supp. 497 · District Court, C.D. Illinois · Nov 23, 1982

    However, they do not pre-date Touche Ross by such a great length of time that they would qualify under the “long standing judicial acceptance” exception set forth in footnote 19 in Touche Ross. … However, the statute clearly proscribes fraudulent conduct in the sale of securities and therefore an intent to confer a private right of action can be implied from the focus of this statute. B.

    Cited 11 timesPublished

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