Case law

Griffith v. Commissioner of Social Security

District Court, S.D. Illinois · Aug 21, 2025

Applicable Legal Standards To qualify for DIBs or SSI, a claimant must be disabled. … But even if the ALJ confused neuropathy and nephropathy in the decision, the same record clearly indicates that Plaintiff had a foot exam with negative results sometime in the preceding 12 months.

Moore v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Nov 10, 2022

Any portion of the Complaint that is legally frivolous, malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. 28 U.S.C. § 1915A(b). … To establish and Eighth Amendment claim, a plaintiff must allege “[e]xtreme deprivations” that are “objectively, sufficiently serious.” Boyd v.

Carpenter v. Olin Corporation

District Court, S.D. Illinois · Mar 26, 2024

Clearly, Defendants understand the types of claims Carpenter brings against them, and to some extent, the relevant events giving rise to such claims. … But again, at the pleading stage, Carpenter is under no obligation to temporally connect every allegation or to establish causation via timing.

Adamcyk v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Jan 16, 2025

Count 2 In Illinois, in order to state a claim for negligence, a complaint must allege facts to establish that the defendant owed the plaintiff a duty of care, breached that duty … The Clerk of Court is further DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Dace v. SMITH-VASQUEZ

658 F. Supp. 2d 865 · District Court, S.D. Illinois · Sep 8, 2009

The record does not demonstrate that Plaintiff is qualified or authorized to work on the heaters. … DeRobertis, 940 F.2d 1055, 1056-1061 (7th Cir.1991) (finding an Eighth Amendment violation clearly established where conditions included broken cell windows, below freezing temperatures inside the cell, no winter clothing

Banks v. United States

District Court, S.D. Illinois · Jan 29, 2021

Under Illinois law, a plaintiff must establish the following elements to prevail in a medical malpractice action: (1) the standard of care in the medical community by which the physician's treatment was measured; (2) that … Berger, the scans did not clearly visualize the presence of a bladder mass and Dr. Glickstein’s opinion to the contrary is not consistent with sound radiological practice.

French v. Wills

District Court, S.D. Illinois · Mar 1, 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 … Claim 3 To establish a conditions of confinement claim, an inmate must establish (1) a deprivation that is, from an objective standpoint, sufficiently serious

Premcor Refining Group, Inc v. Apex Oil Company, Inc.

District Court, S.D. Illinois · Mar 13, 2020

This release was qualified with certain reservations, including the statement that “[t]his Consent Order does not resolve, settle or in any way alter any liability imposed upon Apex by the [Herndon Order] or by the [2010 … Where a settlement could be construed to grant immunity only through broad, “limited and ambiguous language[,]” courts have been reluctant to extend the CERCLA Settlement Bar to prevent suit by third parties.

Dunbar v. Sproul

District Court, S.D. Illinois · Apr 1, 2021

Barr, 926 F.3d 343 (7th Cir. 2019), reh’g denied (Aug. 23, 2019), his Kentucky drug convictions no longer qualify as prior felony drug offenses. … Dunbar clearly proceeds from the faulty premise that the filing of a Section 851 Notice subjected him to a mandatory life sentence.

United States of America v. General Medicine, P.C., et al.

District Court, S.D. Illinois · Feb 11, 2026

Essentially, the Court must answer three questions before admitting expert testimony: (1) is the expert qualified; (2) is the expert's methodology reliable; and (3) will the expert's testimony assist the trier … Petron notes this stratified random sampling “is a well- researched and established sample design methodology.”

Corbin v. Fred Weber, Inc.

District Court, S.D. Illinois · Jun 14, 2021

The Court continued explaining: [W]hen dealing with the removal of actions from state to federal courts, an issue that clearly raises concerns about federal jurisdiction, 28 U.S.C. § 1441; see e.g., Stephenson … To establish fraudulent joinder, the removing defendant has the burden of proving the plaintiff cannot establish a cause of action against the in-state defendant. Morris v. Nuzzo, 718 F.3d 660, 666 (7th Cir. 2013).

Jackson v. United States

District Court, S.D. Illinois · Dec 19, 2022

Regardless of whether counsel’s conduct qualifies as “abandonment” or mere negligence—the failure to keep a client apprised of the status of a case—the Court does not believe it is sufficient, by itself, to justify equitable … The process for “establishing” a prior conviction is set forth in § 851 (“Proceedings to establish prior convictions”), which provides a defendant an opportunity to object to its establishment:

Pruitt v. K&B Transportation, Inc.

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

A violation of these statutes as alleged here only establishes prima facie evidence of negligence, and as such Counts II and IV must be dismissed. B. … Any ‘deliberate, clear and unequivocal’ statement, either written or oral, made in the course of judicial proceedings qualifies as a judicial admission.” Pierce v. City of Chicago, 2012 WL 401026, at *3 (N.D. Ill.

Kocourek v. Shrader

391 F. Supp. 3d 308 · District Court, S.D. Illinois · Jun 12, 2019

Prior to the approval of the Transaction, Kocourek transferred his 27,300 shares of BAH common stock to a trust established in his name. 70 Upon approval of the Transaction, the trust exchanged Kocourek's shares for cash … "[S]tate and federal law clearly treat mergers as distinct from tender offers," 208 and unlike in the tender offer *336 context, the Transaction required the affirmative vote of BAH shareholders.

Columbus Mckinnon Corp. v. Travelers Indem. Co.

336 F. Supp. 3d 231 · District Court, S.D. Illinois · Sep 28, 2018

insured's "self-insurance should be deemed co-insurance with [the insurer's] policy, such that the defense ... costs ... should be split 50/50"); see also id. at 401 , 749 N.Y.S.2d 402 (noting that "self-insurance does not qualify … Co. , 202 A.D.2d 816 , 817, 609 N.Y.S.2d 106 (3rd Dep't 1994) ("Clearly, ... the failure to cooperate vitiates the policy and entitles the insurer to disclaim any liability to defend.").

Lyons v. Wills

District Court, S.D. Illinois · Mar 26, 2024

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 … Because Plaintiff claims that his time in segregation impacted his health, the Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability

Backer v. Cooperatieve Rabobank U.A.

338 F. Supp. 3d 222 · District Court, S.D. Illinois · Sep 18, 2018

'must "clearly and indisputably" demonstrate that the district court abused its discretion. Absent such a showing, mandamus will not lie.' " Id. (quoting In re Drexel Burnham Lambert , 861 F.2d at 1312-13 ). 3. … Plaintiff may be a "whistleblower" in the colloquial sense, even if he is not entitled to protection under a federal statute. 6 In sum, the issue presented by Plaintiffs abuse of process claim is not whether he qualifies

Troutt v. Mondelez Global LLC

District Court, S.D. Illinois · Oct 31, 2022

While it is true that an “ingredient list” does not automatically immunize defendants from suits for ambiguous front labels, this Court is more concerned with the front of the package and whether the package itself is … Clearly, there was no breach as there was no deception by Mondelēz; therefore, any claims for breach of express warranty are dismissed. IV.

Sheard v. Home Partners Holdings LLC

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

Defendants also represent that their houses are “qualified,” “move-in ready,” and have passed inspection. (Id. at ¶ 45). … Toyota Motor Credit Corp., 775 N.E.2d 951, 962 (Ill. 2002) (plaintiffs failed to allege sufficient facts to establish deceptive conduct where the fee was clearly set out in the lease).

Elem v. Werlick

District Court, S.D. Illinois · May 12, 2020

A prisoner may not file a “second or successive” Section 2255 motion unless a panel of the appropriate court of appeals certifies that such motion contains either (1) newly discovered evidence “sufficient to establish by … Congress clearly intended that it be applied only to sentences not yet imposed as of the Act’s effective date.