Case law

Voegel

District Court, C.D. Illinois · Dec 2, 2025

Voegel subsequently left for a prescheduled vacation without clearly announcing her intent to quit her employment. She returned on November 18, 2021, to remove her belongings from OB/GYN Care. … Here, Voegel has failed to establish that she “engaged in a protected activity.”

Cox v. Evans

District Court, C.D. Illinois · May 1, 2020

First, while the rules apply at all times, the main focus is clearly for in court litigation and representation where, as far as conflicts go, it is obvious that representing both sides is problematic. … always qualify a lawyer to opine on the standard of professional care.

Banks v. Ek

District Court, C.D. Illinois · Jul 15, 2024

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. … Nov. 30, 1994) (plaintiff cannot establish personal involvement and subject a prison official to liability under § 1983 merely by sending the official various letters or grievances complaining about the actions or conduct

Roberts v. Department of Children and Family Services (DCFS)

District Court, C.D. Illinois · Jul 29, 2025

Plaintiff’s filings thus far have been sufficiently cogent, and she has been able to clearly communicate her theories of the case. … When a plaintiff’s substantive due process claim is premised upon a property interest, she “must first establish either an independent constitutional violation or the inadequacy of state remedies to redress the deprivation

McNeil v. City of Springfield, Ill.

658 F. Supp. 1015 · District Court, C.D. Illinois · Mar 26, 1987

The legislative history of the amendment to Section 2 clearly shows the statute’s purpose. … That fact, together with the presence of racially polarized voting and unanimous agreement that Springfield has qualified black candidates, speaks out most loudly in support of a conclusion of minority vote dilution. 3.

United States Ex Rel. Hall v. Washington

916 F. Supp. 1411 · District Court, C.D. Illinois · Feb 22, 1996

The court denied Hall’s motion to withdraw his jury waiver, saying that Hall had knowingly waived his right to a jury sentencing and that a qualified jury had already been discharged. … See also Hall I, 102 Ill.Dec. at 333 , 499 N.E.2d at 1346 ("The record clearly shows that the defendant embarked on a deliberate course designed to delay and disrupt his trial, and error cannot be reasonably found in the

Porter v. Villareal

District Court, C.D. Illinois · Aug 20, 2025

“[D]ismissal under Rule 12(b)(6) on the basis of a limitations defense may be appropriate when the plaintiff effectively pleads h[im]self out of court by alleging facts that are sufficient to establish the defense.” … one-year statute of limitations in the Illinois Local Governmental and Governmental Employees Tort Immunity Act applies.” Mot.

Keystone-Consolidated Industrial Inc. v. Mid-States Distributing Co.

235 F. Supp. 2d 901 · District Court, C.D. Illinois · Dec 3, 2002

Courts have held that this is sufficient to establish irreparable injury. See Ideal Industries, Inc. v. … In any event, Mid-states’ pleadings before the PTO clearly indicate that it did not believe that Keystone’s color placement was functional. 5 .

Valencia v. City of Springfield, Illinois

District Court, C.D. Illinois · Mar 16, 2020

The Plaintiffs allege the City violated their clearly established rights under the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., and its implementing regulations (“FHA”); Title II of the Americans with Disabilities Act … The three residents of 2328 Noble qualify as a “family” under that definition, given that there are less than five individuals.

Marshall v. Scott

District Court, C.D. Illinois · Jan 21, 2020

A court may only grant the motion if “specific facts in an affidavit or a verified complaint clearly show that immediate or irreparable injury, loss, or damage will result to the movant before the adverse party can be … The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. 11.

Illinois Mine Subsidence Insurance Fund v. Union Pacific Railroad Company

District Court, C.D. Illinois · Aug 26, 2019

The use of the term “qualifying shares” is consistent with the Illinois Supreme Court’s statement in Matthiessen that nominal ownership “qualifies” a person to be a director. … Superior clearly was not a façade of CNW. CNW operated railroads. Superior had nothing to do with operating railroads.

Lin v. Shi

District Court, C.D. Illinois · Aug 29, 2022

Plaintiff argues that he qualifies for FLSA coverage under both the individual coverage and enterprise coverage provisions. … Shi’s tax returns are taken at face value Plaintiff cannot establish enterprise coverage. Unfortunately, Ms. Shi’s tax returns are clearly fraudulent.

Holzhauer v. Town of Normal

District Court, C.D. Illinois · Sep 2, 2020

Under § 1983, recovery is only authorized for a conspiracy to violate a clearly established right, not the conspiracy itself. Kunz v. City of Chicago, 234 F. Supp. 2d 820, 825 (N.D. Ill. 2002). … Under the Illinois Tort Immunity Act, 745 ILCS 10/9-102, municipalities are directed to pay compensatory damage judgments for torts committed by their employees while acting within the scope of their employment.

Merkel v. GALVA CUSD 224

District Court, C.D. Illinois · Sep 27, 2024

Plaintiffs invoke a “clearly established right to equal access to all benefits and privileges of a public education and a right to be free from [Defendants’] illegal practices and policies.” Compl. ¶ 102. … To the extent that a “clearly established right” is a stand-in for a “fundamental” right, Plaintiffs cannot maintain a substantive due process claim based upon a fundamental right to an education.

Marshall v. Village of Dwight, a Municipal Corporation

District Court, C.D. Illinois · Mar 1, 2023

The plain language of the Village’s Personnel Policy Manual clearly stated that it was not a contract and that Plaintiffs were at-will employees. … These promises fall far short of the kind of guarantees that can establish a property interest. See e.g. Lee v. County of Cook, 862 F.2d 139, 142-43 (7th.

Berardi v. City of Pekin, Illinois

District Court, C.D. Illinois · Apr 19, 2021

This requirement is clearly met on these facts, and Defendants offer no argument to the contrary. … To establish a claim under the ADA or Rehabilitation Act, a claimant must show “(1) that he is a qualified individual with a disability; (2) that he was denied the benefits of the services, programs, or activities of a

In Re High Fructose Corn Syrup Antitrust Litigation

156 F. Supp. 2d 1017 · District Court, C.D. Illinois · Aug 23, 2001

The Seventh Circuit has identified three elements that must be established by a preponderance of the evidence in order to qualify for admission under 801(d)(2)(E): (1) the existence of a conspiracy; (2) that the person making … Assuming that Plaintiffs’ proffered version of the Andreas comment is correct and that the original Andreas comment itself could qualify as an admission against interest, the final link (that is, the actual preparation of

United States v. Dish Network LLC

256 F. Supp. 3d 810 · District Court, C.D. Illinois · Jun 5, 2017

Clearly, telemarketers cannot avoid liability by connecting calls to a recorded solicitation message rather than a sales representative. … The FTC stated, however, that the provision was not ambiguous and clearly covered Prerecorded Calls.

Keach v. US TRUST CO., NA

235 F. Supp. 2d 886 · District Court, C.D. Illinois · Nov 27, 2002

On January 1, 1988, F & G established an employee stock ownership plan (“ESOP”). … Trust and Magna Bank were co-trustees of the ESOP because the 30-day notice period established in the ESOP trust had not passed.

All Star Championship Racing, Inc. v. O'Reilly Automotive Stores, Inc.

940 F. Supp. 2d 850 · District Court, C.D. Illinois · Apr 18, 2013

Where the evidence presented clearly contradicts the facts stated by Defendant, this court has drawn any and all inferences in favor of Plaintiff. *860 Count 1: Trademark Infringement Defendant alleges that Plaintiff engaged … This court concludes that Defendant failed to establish defamation per se.