Case law

Manthe v. Commissioner of Social Security

District Court, C.D. Illinois · May 12, 2023

In order to qualify for disability insurance benefits, an individual must show that his inability to work is medical in nature and that he is totally disabled. … The establishment of disability under the Act is a two-step process.

Woods v. Neil Oil Company, Inc.

District Court, C.D. Illinois · Aug 15, 2022

To state a claim for retaliatory discharge under the IWA, “a plaintiff must establish that (1) he refused to participate in an activity that would result in a violation of a state or federal law, rule … claim for retaliatory discharge, an employee must plead that (1) the employer discharged the employee, (2) the discharge was in retaliation for the employee’s activities, and (3) the discharge violates a clearly

The United States of America v. Safeway, Inc.

District Court, C.D. Illinois · Jun 12, 2020

established law. … Before the Seventh Circuit’s decision in Garbe, the law on usual and customary pricing was not clearly established.

Moody v. Commissioner of Social Security

District Court, C.D. Illinois · Aug 26, 2020

The ALJ found Plaintiff’s affective disorder, obesity, and bilateral degenerative knee disorders qualified as severe impairments under 20 C.F.R. § 404.1520(c). (R. at 654). … If the claimant does not qualify under one of the listings, the Commissioner proceeds to the fourth and fifth steps. 20 C.F.R. § 404.1520(e).

Design Ideas, Ltd. v. Lowe's Home Centers, LLC

District Court, C.D. Illinois · Nov 30, 2021

Nor is it realistic to suppose that the parties understood a contract otherwise exclusively concerned with the sale of Plaintiff’s Products to Lowe’s to also include blanket immunity from unrelated infringement … Lowe’s has not attempted to establish any connection between the DCBA Contract and the K&V containers and has not suggested that the DCBA Contract bears any significant relationship to the

Buck

District Court, C.D. Illinois · Mar 9, 2026

To qualify, a claimant must be sixty-five years of age, blind, or disabled. 20 C.F.R. § 416.202(a)(1)–(3). … finds the evidence of record now establishes severe physical impairments.

Broadfield v. Commissioner of Social Security

District Court, C.D. Illinois · Aug 3, 2020

If the claimant does not qualify under one of the listings, the Commissioner proceeds to the fourth and fifth steps after determining the claimant’s RFC. § 404.1520(e). … However, it is well-established that an ALJ may not go beyond medical imaging and professional medical assessments to make his own diagnoses. Rohan v.

Twin City Fire Insurance Company v. Rodriguez

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

Twin City claims employees qualify as “Insureds” and Vonachen is considered an “Insured Entity” under the Policy. Id. … Second, Illinois caselaw establishing BIPA violations as an invasions of privacy was available prior to the initiation of this lawsuit.

Volkert v. National Credit Systems, Inc. d/b/a NCSPLUS Incorporated

District Court, C.D. Illinois · Dec 4, 2024

Additionally, Volkert argues that she has “clearly rebutted” the mailbox rule’s presumption of receipt because “[u]nder Illinois law, if the addressee denies receiving the communication, the presumption is rebutted. … Volkert has not established that NCSPlus should have known, as a matter of law, that she disputed the $919 Capra debt nor has NCSPlus conclusively established that it should not have known that the debt was disputed before

Moore v. AT&T

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

May 21, 2008) (“[A]lthough [the plaintiff] presents evidence that his qualified sales numbers were high, meeting [his employer’s] expectations as to one aspect of his job does not establish that he was meeting [the employer … Neither party makes clear who decided to terminate Moore, but it was clearly not Westerfield; recall that Simmons made the initial recommendation to Bell’s Employee Relations Manager, who then agreed.

United States of America v. Supervalu Inc

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

Instead, they made an end-run around established law to deprive the Government of discount prices. … As noted earlier, this Court based its previous Order on Garbe, “apply[ing] the law that was so clearly established by the Seventh Circuit,” as the Relators alleged in their motion for partial summary judgment.

AGCS Marine Insurance Co as subrogee of ASCO Power Technologies LP v. Chillicothe Metal Company Inc

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

At the time, ASCO, who was clearly in agreement, told CMCO that they would look into their own transportation first. … Section 2 clearly has terms that contradict FOB.

U.S. Bank National Association v. Londrigan, Potter & Randle, P.C.

District Court, C.D. Illinois · Mar 16, 2021

Legal fees which related to the operation of the property might qualify as “ordinary and necessary expenses.” … Those fees would likely qualify as “ordinary and necessary expenses of owning and operating the property.”

Horn v. Ford County Sheriff's Office

District Court, C.D. Illinois · Oct 2, 2023

“Qualifying circumstances under this doctrine are rare; [a] constitutional violation must be a blatantly obvious consequence of inaction for single-incident liability to apply.” Giese v. … Horn’s can satisfy the elements necessary to establish his IIED claim.

Novick v. Village of Bourbonnais

District Court, C.D. Illinois · Sep 29, 2023

plaintiff's substantive due process claim because there was no indication that the defendant officers did anything to embolden her former boyfriend, a sheriff's deputy, or otherwise indicate that he could abuse her with immunity … procedural component of the Due Process Clause does not protect everything that might be described as a ‘benefit’: “To have a Page 13 of 14 property interest in a benefit, a person clearly

Shannon v. United States

District Court, C.D. Illinois · Nov 25, 2020

First, when the government moved to qualify Detective Borowczyk as an expert in the examination of digital devices, trial counsel responded, “Judge, he sounds qualified to me.” Tr.III 47. … Shannon has not presented any argument for why a violation of the federal recusal statute could be considered jurisdictional in nature or qualify as a miscarriage of justice.

MobiMeds, Inc. v. E-MedRX Solutions, Inc.

District Court, C.D. Illinois · Oct 28, 2021

Defendants moved to compel because The Pill Club did not clearly state whether the list of individuals was complete. … The objection that the request suggests something about the proof needed to establish an allegation is overruled.

Heidelberg v. Hibser

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

Allen, nor does it address the qualified immunity and merits arguments, see Cnty. Defs.’ Mot. Summ. J. 69–92; City Defs.’ Mot. Summ. J. 42–49. 449 U.S. at 94. … J. 36– 11 The Central District of Illinois was established on March 31, 1979 pursuant to 28 U.S.C. § 93(b). See Pub.

Purham v. United States

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

The Seventh Circuit also found, however, that this Court clearly erred in characterizing the 2008 drug transaction as relevant conduct based on the record before it. Id. at 414-15. … In order to qualify for the reduction for acceptance of responsibility, a defendant must “(1) demonstrate sincere remorse or contrition, (2) truthfully admit the conduct comprising the

Davis Buick GMC, Inc. v. Riddle

District Court, C.D. Illinois · Jul 8, 2021

Doc. 148 at 28. 19 Riddle’s objection is clearly inappropriate. Riddle either sent the email or he didn’t. … Solicit bids from pre-qualified Contractors and equipment vendors. iv.