Case law

Birge v. Venerio

District Court, S.D. Illinois · Feb 28, 2024

Opinion testimony from witnesses not qualified as experts In this motion, Defendants ask the Court to prohibit Plaintiff from offering testimony that would violate Federal Rule of Civil Procedure 26 and the … Clearly, Plaintiff’s counsel should not make any argument in opening statements. Testa v. Village of Mundelein, Ill., 89 F.3d 443, 446 (7th Cir. 1996).

Natural Res. Def. Council v. U.S. Dep't of Energy

362 F. Supp. 3d 126 · District Court, S.D. Illinois · Feb 22, 2019

In sum, DOE has not explained why the drafters of the APA chose a phrase commonly used to guide judicial analysis if they meant to immunize agency action from such analysis. … Nor does online posting qualify as making a document "available for public inspection" under 44 U.S.C. § 1503 (documents shall be "available for public inspection in the [OFR]").

Huff v. Thietje

District Court, S.D. Illinois · Mar 1, 2022

Thietje and explained that employees of the VA are immune from common law torts committed within the scope of their employment (Id. at p. 2). … Once the parties conducted limited discovery, the United States argues that the evidence clearly shows that Ms. Thietje was acting within the scope of her employment. Ms. Thietje and Mr.

Walsh v. Officer Justin Kempfer

District Court, S.D. Illinois · Jun 16, 2022

. § 702 constituted a waiver of sovereign immunity)(citing Edwards v. U.S. Dept. of Justice, 43 F.3d 312 (7th Cir. 1994)). But see Barnett v. … This could obviously go a long way to establishing the Plaintiffs’ case against the Defendants.

Kitterman v. City of Belleville

District Court, S.D. Illinois · Feb 14, 2020

May 8, 2018)(holding that state defendants were immune and that remaining claims were Heck-barred); Kitterman v. Newton, No. 17-cv-733, 2017 WL 6805697 (S.D. Ill. … To establish a First Amendment retaliation claim, Kitterman must 6 Kitterman’s charge was for failing to register as a sex offender because he knowingly failed to give correct information regarding his address.

Hinman v. Galloway

District Court, S.D. Illinois · Sep 23, 2025

Count 2 It is well-established that “a prisoner is entitled to practice his religion insofar as doing so does not unduly burden the administration of the prison.” Hunafa v. … The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Madgett v. United States

District Court, S.D. Illinois · Apr 6, 2021

“Prejudice is established if the issue not raised ‘may have resulted in a reversal of the conviction or an order for a new trial.’ … Co., 698 F.3d 587, 598 (7th Cir. 2012) (“To prevail on a Rule 59(e) motion to amend judgment, a party must clearly establish (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence

Crisel v. Stearns Nursing and Rehabilitation Center, LLC

District Court, S.D. Illinois · Jun 24, 2022

Second, Defendants argue that they qualify for removal under the federal officer removal statute. See 28 U.S.C. § 1442(a)(1). … Accordingly, the Court finds that, at the time of removal, Defendants’ arguments were not foreclosed by clearly established law.

City of Metropolis, Illinois v. Honeywell International, Inc.

District Court, S.D. Illinois · Dec 7, 2022

allege the presence of any radiation, they do so only in reference to unrelated properties and plead the wrong type of radiation dose; (3) Plaintiffs failed to plead that they were actually exposed to an NRC-defined qualifying … Cal. 1996) (noting that “applying the ‘ultrahazardous activities’ doctrine here would be clearly inconsistent with the Price— Anderson Act.”); Adkins, 960 F.Supp.2d at 766, 768 (same in uranium exposure case).

Coffee v. Wexford Healthcare

District Court, S.D. Illinois · Sep 6, 2024

Any portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or asks for money damages from a defendant who by law is immune from such relief must be dismissed … The implication is that this was not adequate to treat his pain, though Plaintiff does not clearly describe what impact this decision had on his well-being. The Seventh Circuit explained in Wilson v.

Orozco v. Brookart

District Court, S.D. Illinois · Sep 25, 2025

Any portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or asks for money damages from a defendant who by law is immune from such relief must be dismissed … Plaintiff alleges that John Doe 1’s conduct was problematic because he loudly and clearly announced that Plaintiff was going to talk to Piper about gang intelligence matters, which caused other inmates to label

Bais Yaakov v. Eductl. Testing Service

367 F. Supp. 3d 93 · District Court, S.D. Illinois · Mar 18, 2019

Gorss Motels , 299 F.Supp.3d at 392 ("There are two ways in which a person or entity may qualify as a sender. … The Distribution Agreement did not expressly provide for review of HMH's "marketing plans," but it clearly provided for review of marketing materials by ETS. ( See Distribution Agreement §§ 4.1(vii), 5.1(viii)-(ix).)

Davila v. Barwick

District Court, S.D. Illinois · Apr 30, 2025

Chapman diagnosed him with a “severe dry socket” and indicated that his jaw bone was “clearly visible.” Id. … The Clerk of Court is DIRECTED to ENTER the Court’s standard HIPAA-Qualified Protective Order and TERMINATE Wexford Health Sources, Inc.

Morris v. Warden

District Court, S.D. Illinois · Feb 21, 2023

Habeas relief is restricted to cases where the state court determination “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme … Furthermore, typically an attorney’s mistake or incompetence also does not qualify as an extraordinary circumstance to invoke equitable tolling. Johnson, 265 F.3d at 566; see also Modrowski v.

Ledbetter

District Court, S.D. Illinois · Apr 6, 2026

Ledbetter has simply failed to establish by clear and convincing evidence that fraud, misrepresentation, or misconduct tainted the outcome of the case or assaulted the integrity of the Court. … The transcript of Ledbetter’s deposition qualifies because the County Defendants needed it to defend against his accusations in this case on summary judgment and at trial.

King v. Hill

District Court, S.D. Illinois · Apr 1, 2022

The Sharp Court’s discussion of factors is clearly applicable to this case, and if this case were to be briefed, many of the same factors would be regurgitated. … The Westfall Act grants federal employees’ absolute immunity from tort claims arising out of acts undertaken in the course and scope of a federal employee’s employment.

Quinn v. Rauner

District Court, S.D. Illinois · Feb 24, 2020

Rather, for the purpose of the analysis in this order, it is sufficient to observe that the notes clearly show that Dr. … David, Nurse Knope, Nurse Elder, Hammersly, Rodman, and Fernandez, and will not proceed to considering their claims of qualified immunity. II.

Globaleyes Telecommunications, Inc. v. Verizon North, Inc.

425 B.R. 481 · District Court, S.D. Illinois · Mar 1, 2010

In Illinois, Verizon is one of the so-called Incumbent Local Exchange Carriers (“ILECs”) that provides local telephone service over its established network. … Clearly breach of contract eases and actions brought under the Illinois Consumer Fraud and Deceptive Business Practices Act have an existence independent of bankruptcy.

Smith v. Monti

District Court, S.D. Illinois · Nov 30, 2022

As with the First Amended Complaint, Plaintiff does not provide a factual narrative that clearly incorporates allegations against individual defendants. … Additionally, Allard’s role as a supervisor is insufficient to establish any sort of liability under § 1983. 9. Defendant A.

In re Express Scripts/Anthem Erisa Litig.

285 F. Supp. 3d 655 · District Court, S.D. Illinois · Jan 5, 2018

Fourth, Plaintiffs claim that ESI establishes the exclusionary formulary list, which excludes certain drugs from ESI's formulary. … "The renewal of a contract clearly implicates a [fiduciary's] duty under ERISA to review plan investments and eliminate imprudent ones." Bona v. Barasch , No. 01 Civ. 2289 (MBM), 2003 WL 1395932 , at *18 (S.D.N.Y.