Case law

Willie Seals v. Federal Express Corporation, successor to FedEx Ground Package System, Inc.

District Court, S.D. Illinois · Jun 1, 2026

Faerber's Bee Window, Inc., No. 1:04-cv-500, 2005 WL 5 Clearly it was not; the $125.00 was only covered a day’s labor. 1123634, at *4 (S.D. Ind. … The phrase does not qualify different types of day laborers, and it does not then shunt some of them to 29 C.F.R. § 778.113(a), which by its terms clearly applies only to workers who receive a weekly wage.

Barrett v. Team Industrial Services, Inc

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

Therefore, the Court finds that Barrett cannot establish that she was discriminated against because of her gender. The failure to establish this prong precludes Barrett from establishing her claim. … Clearly, the case at bar does not contain such extreme and severe conduct as the supervisor’s conduct in Dey.

Armour v. Santos

District Court, S.D. Illinois · Nov 22, 2023

Expert testimony from witnesses not qualified as experts 8. … 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).

Pernell v. Does 1-7

District Court, S.D. Illinois · Oct 22, 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 … Her filings show that she can clearly read, write, and communicate to the Court. Plaintiff has also stated that she receives assistance from other inmates.

Jones v. Lawrence

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

A TRO may issue without notice only 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 … If a plaintiff establishes these three elements, the Court must then balance the harm to each party and to the public interest from granting or denying the injunction. Id. at 662.

Roe v. Lombardo

District Court, S.D. Illinois · Jan 12, 2022

There is nothing in the bill that gives such an authority, and there is clearly no valid law enforcement goal to be achieved by such open-ended amnesty. 132 Cong. Rec. … In short, all interpret or clearly state pre-1981 DIAS are contraband.

Mason v. Cecil

District Court, S.D. Illinois · Jan 29, 2020

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 … Not every letter from a law office or the court, however, qualifies as privileged legal communication to be opened in the presence of the inmate. See Guajardo-Palma, 622 F.3d at 805-806; Harrison 364 F.

Jones v. Doe 1

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

A TRO may issue without notice only 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 … If a plaintiff establishes these three elements, the Court must then balance the harm to each party and to the public interest from granting or denying the injunction. Id. at 662.

Crawford v. Arizona Beverages USA LLC

District Court, S.D. Illinois · Mar 30, 2024

Defendant, as the movant bears the burden of establishing the absence of fact issues and entitlement to judgment as a matter of law. Santaella v. Metro. Life Ins. … Exhibit P-12 also depicts a 20 ounce plastic bottle and is clearly dissimilar to the Exhibit P-11, which is the subject of the Complaint.

In re Hulley Enters., Ltd.

358 F. Supp. 3d 331 · District Court, S.D. Illinois · Feb 19, 2019

The evidence being sought through this section 1782 request is "for use" in proceedings before the Dutch Appellate Court, which qualifies as a "proceeding in a foreign ... tribunal." … Lastly, as parties to the proceedings in the Dutch Appellate Court, petitioners are clearly "interested persons."

Lauster

District Court, S.D. Illinois · Mar 26, 2026

APPLICABLE LEGAL STANDARDS To qualify for DIB or SSI, a claimant must be disabled within the meaning of the applicable statutes and regulations.4 Under the Social Security Act, a person is … Pertinently, the ALJ found that “portions of this opinion were clearly contradictory.” (Tr. 68).

City of East St. Louis, Illinois v. Monsanto Corporation

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

Relevantly, “traditions of prosecutorial discretion do not immunize from judicial scrutiny cases in which the enforcement decisions of an administrator were motivated by improper factors or were otherwise contrary to law … Clearly, the enforcement of §§ 50- 79 and 62-2 of the Municipal Code for purposes of obtaining the remedy of abatement, by itself, does not raise the same due process concerns as the request for fines under § 1- 15 in Count

Taplin, Jr. v. Watson

District Court, S.D. Illinois · Oct 18, 2019

. § 1915A(a).Any portion of theComplaint that is legally frivolousormalicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed.28U.S.C. §1915A(b). … A TRO may issue only 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 heard in opposition

Rose v. Anderton

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

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). … Here, the disciplinary proceeding established that Plaintiff did in fact possess material that he was forbidden to have, thus the guilty finding had evidentiary support.

Metroplex Communications, Inc. v. Meta Platforms, Inc.

District Court, S.D. Illinois · Mar 5, 2024

But Meta’s alleged disclaimers or qualifying statements in SECfilings or in icons that led to popup windows do not cure the challenged statements, which Metroplex claims are false. … On the other hand, when an arbitration clause is “clearly limited in its scope,” a court should resolve the arbitrability question. United Cable Tele. Corp. v. Nw. Ill.

Clifton v. Commissioner of Social Security

District Court, S.D. Illinois · Sep 28, 2021

APPLICABLE LEGAL STANDARDS To qualify for DIB or SSI, a claimant must be disabled within the meaning of the applicable statutes. … Because plaintiff was residing at Call for Help, clearly they were in a better position to determine her needs and abilities.

Poletti v. Syngenta AG

District Court, S.D. Illinois · Aug 19, 2019

He observed that Clark/Phipps was lead counsel in Tweet and Browning and “established multiple litigation fronts that increased litigation pressure on Syngenta.” … Demerath’s background in farming was clearly beneficial for client acquisition and retention, but it did not benefit the class at large.

Crawford v. Arizona Beverages USA LLC

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

They also often establish requirements for how the product must be made or sold.” … Rather, Plaintiff claims the label is misleading because the Nutrition Facts should disclose that the Product qualifies as a single serving size.

Allison v. United States

District Court, S.D. Illinois · Mar 9, 2021

Allison informed the Court that he was told to say what he did by his mother and that many people gave him advice and he “wasn’t thinking clearly” because of nerves (Id. at p. 9). … The evidence clearly provided ample grounds to support a conspiracy. First, Allison affirmatively accepted the factual basis provided at the plea hearing (Doc. 27- 1, p. 12).

Salley v. Bailey

District Court, S.D. Illinois · Jul 20, 2022

The court further informed Salley that he improperly combined those unrelated claims with one vague allegation of retaliation, and he failed to clearly articulate the specific facts that allegedly gave rise to the … On December 16, 2018, Salley spoke with Defendant Mason, a Qualified Mental Health Professional, as part of his Crisis Watch Discharge Assessment. (Doc. 61-1 at p. 2).