Case law

Dennis v. JPMorgan Chase & Co.

343 F. Supp. 3d 122 · District Court, S.D. Illinois · Nov 26, 2018

of the defendants entered into an agreement to conduct the affairs of a particular, identified enterprise through a pattern of racketeering activity - not simply that each defendant committed two or more acts that would qualify … The court concluded that "although the swap contracts clearly required defendants to pay plaintiffs the prescribed floating rate of return using ...

Hopfinger v. City of Nashville, Illinois

District Court, S.D. Illinois · Mar 31, 2021

Fletcher clearly had notice of Hopfinger’s need for leave. … To establish a claim for retaliatory discharge, a plaintiff must show: (1) she was discharged in retaliation for her activities; and (2) the discharge violated a clearly mandated public policy. Id.

Lisle v. Siddiqui

District Court, S.D. Illinois · Nov 14, 2019

Any portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or requests money damages from a defendant who by law is immune from such relief must be dismissed … Suicide, even attempted suicide, qualifies as a serious harm. Sanville v. McCaughtry, 266 F.3d 724, 733 (7th Cir. 2001).

GJ Leasing Co., Inc. v. Union Elec. Co.

854 F. Supp. 539 · District Court, S.D. Illinois · Jun 6, 1994

While plaintiffs’ actions to date do not qualify as a CERCLA “removal,” even if they did, they did not comply with the NCP. … Has Established a Third Party Defense to Liability Under CERCLA. 52.

Brand v. Jeffreys

District Court, S.D. Illinois · Dec 17, 2021

Under Section 1915A, any portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or requests money damages from a defendant who by law is immune from such relief … established at the time of the alleged violation.”

Miller v. St. Clair County Emergency Management Administration

District Court, S.D. Illinois · Feb 20, 2024

Despite the County’s effort to equate its eighty-hour work week with the alternative hour restrictions allowed by § 7(b)(1), their plain language is clearly different. … It follows that if the County has not convinced the Court that the CBA governing the plaintiffs’ employment qualified under § 7(b) of the FLSA, it has not convinced the Court it qualifies under § 4a(2)(J) either.

Davenport

District Court, S.D. Illinois · Nov 14, 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 … To establish a conditions of confinement claim, an inmate must establish (1) a deprivation that is, from an objective standpoint, sufficiently serious that it results in the denial of the minimal civilized measure of life

McCoy v. IDOC Transfer Coordinator

District Court, S.D. Illinois · Feb 8, 2022

Rule 404(b)(2), however, establishes that such evidence may be “admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident … Without knowing for what purposes McCoy intends to offer statements made by a medical professional, the Court cannot properly evaluate whether the evidence qualifies as inadmissible hearsay.

Mitchell v. Warden

District Court, S.D. Illinois · Nov 12, 2019

however, of reaching a blanket conclusion that Mathis would afford relief in all circumstances to a § 2241 petitioner: “In these circumstances, where the government has conceded that Mathis is retroactive and Chazen was so clearly … The Chazen court, without stating which of its various articulations of this test should control going forward, concluded that Chazen satisfied this savings clause condition because his claim had clearly been foreclosed

Dunmore v. Duncan

District Court, S.D. Illinois · Jan 7, 2020

Here, the IDOC does not dispute that Plaintiff is a qualified person with a disability (Doc. 85, p. 14). … Deviations from the accessibility standards is only permitted if it is “clearly evident that equivalent access” to the facility was provided. 28 C.F.R. § 35.151(c)(1).

Manley v. Babich

District Court, S.D. Illinois · May 22, 2024

Against this backdrop, Plaintiff cannot establish that Dr. Babich was deliberately indifferent to his needs because he does not establish how Dr. … Plaintiff avers that he has essentially no source of appreciable income, so he qualifies to proceed without pre-payment of a filing fee. 28 U.S.C. § 1915(a)(1).

Holborn Corp. v. Sawgrass Mut. Ins. Co.

304 F. Supp. 3d 392 · District Court, S.D. Illinois · Jan 17, 2018

A special relationship may be established in one of three ways: (1) the agent receives compensation for consultation apart from payment of the premiums, (2) there was some interaction regarding a question of coverage, with … The court concluded that "[s]uch lack of initiative or personal indifference cannot qualify as legally recognizable or justifiable reliance." Id.

Blackburn v. Security Staff

District Court, S.D. Illinois · Jul 11, 2023

Pursuant to Section 1915A, any portion of the First Amended Complaint that is legally frivolous or malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. 28 U.S.C … Plaintiff’s disagreement with how the exam was conducted does not establish deliberate indifference, and there is no constitutional right to accurate medical records. See Berry v.

Ward v. United States

District Court, S.D. Illinois · Jan 18, 2024

This means that a timely § 2255 petition on this issue would have had to be filed by June 23, 2023, if the Bruen decision even qualifies for retroactive application. … 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

Harrison v. Martin

District Court, S.D. Illinois · Apr 21, 2021

On November 21, 2017, due to Harrison’s reoccurring flare-ups, Shah directed Harrison to take Imuran, an immune modifying anti-inflammatory agent, to alleviate Harrison’s symptoms. … The medical treatment provided by Shah simply was not the treatment Harrison wanted or demanded, but was clearly more than adequate.

Loos v. County of Perry, Illinois

District Court, S.D. Illinois · Sep 30, 2023

Qualified Immunity Judge Campanella argues that he is entitled to qualified immunity because the facts do not show that he violated Loos’ Fourteenth Amendment right against … the conduct of the officers violated a constitutional right, and (2) whether that right was clearly established at the time the conduct occurred.”)

Allen v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Jan 8, 2025

Meyer and Nurse Practitioner Crane does not establish an Eighth Amendment violation. See Forbes v. Edgar, 112 F. 3d 262, 267 (7th Cir. 1997); Greeno v. Daly, 414 F. 3d 645, 653 (7th Cir. 2005). … The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

AL Hirschfeld Found. v. Margo Feiden Galleries Ltd.

328 F. Supp. 3d 232 · District Court, S.D. Illinois · Jul 25, 2018

Katz's Qualifications The Court finds Katz clearly qualified to appraise the works. … Indeed, her testimony as to this point was among the most clearly established points of fact during the three days of testimony. See id. at 338 ("Ms. Lackman, I just said that we sold 24. Did you not hear me?").

Snowden v. United States

District Court, S.D. Illinois · Jul 12, 2024

Even if Snowden could establish his attorney’s filing of that motion fell below an objective standard of reasonableness, he has failed to establish that he was prejudiced by that decision. … As Snowden had five qualifying convictions when only two are sufficient to apply the enhancement, Snowden satisfies the criterion for a Chapter Four enhancement.

Ong v. Chipotle Mexican Grill, Inc.

294 F. Supp. 3d 199 · District Court, S.D. Illinois · Mar 22, 2018

Moreover, the Defendants clearly challenge the accuracy of the Donnelly Declaration, which provides a second reason why it may not be incorporated by reference. See DiFolco , 622 F.3d at 111 . … IN addition, Norovirus is able to survive a wide range of temperatures and has evolved to avoid the immune system, which results in outbreaks. Norovirus illness usually develops within one or two days after ingestion.