Case law

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.

Thompson Corrugated Systems, Inc. v. Engico S.r.l.

District Court, S.D. Illinois · Jan 17, 2023

Therefore, TCS has not carried its burden of establishing by a preponderance of the evidence that it is entitled to an accounting. … However, “determining what qualifies as a ‘reasonable’ use of a lawyer’s time is a highly contextual and fact-specific enterprise,” so district courts have wide latitude to set awards of attorney’s fees.

White v. Meyers

District Court, S.D. Illinois · Dec 28, 2023

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 deliberate indifference to a serious medical need, a plaintiff must show that a prison official acted or failed to act despite his knowledge of a serious risk of harm. Farmer v.

White v. Illinois Department of Corrections

District Court, S.D. Illinois · Dec 27, 2023

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 deliberate indifference to a serious medical need, a plaintiff must show that a prison official acted or failed to act despite his knowledge of a serious risk of harm. Farmer v.

Stewart v. Lashbrook

District Court, S.D. Illinois · Feb 8, 2021

Scott did not choose to expedite Stewart’s treatment, basing that decision on clearly enunciated professional reasoning. … Wexford responds to each of these arguments in turn, first noting that nurses are entirely qualified to evaluate injuries and make medical decisions related to physician referral.

Gakuba v. Henderson

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

. §1915A(a).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 … 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, and that the breach was the proximate cause of

Murdock v. Illinois Department of Corrections

District Court, S.D. Illinois · Feb 26, 2020

Wexford Health Sources, Inc., 14-cv-0997-JPG-DGW, for the proposition that the harm of daily pain is enough to establish irreparable harm. … The Court is “reluctant to interfere with the internal administration of state prisons because [it is] less qualified to do so than prison authorities.” Thomas v.

Conetta v. Berryhill

365 F. Supp. 3d 383 · District Court, S.D. Illinois · Mar 19, 2019

An impairment that manifests only some of those criteria, no matter how severely, does not qualify." Sullivan v. … in any relevant listings, disability cannot be established on this basis."

Walker v. Sawyer

District Court, S.D. Illinois · May 8, 2023

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 … A staff member’s “refusal to comply with an inmate medical permit does not automatically establish the subjective element of Eighth Amendment claims.” Salley v. Parker, No. 18-cv-5700, 2022 WL 2952818, at *10. (N.D.

Cannon v. City of Anna, Illinois

District Court, S.D. Illinois · Mar 3, 2023

Smith, 853 F.3d 892, 897 (7th Cir. 2017), in which the Seventh Circuit discussed the Fourth Amendment’s reasonableness standard in the context of qualified immunity. … Id. at 900 (the information provided about the suspect driver’s recent shoulder surgery “clearly did not outweigh the very concrete information about the crime and the circumstances under which it was allegedly committed

Green v. Wexford Health Sources

District Court, S.D. Illinois · Jul 27, 2021

In his Response, Plaintiff argues that Paragraph 33 of the Amended Complaint “clearly stated that there is a policy of denying inmates their required medication.” (Doc. 44, p. 7). … Pleading a violation of the Rehabilitation Act requires four elements: (1) the plaintiff must be a handicapped individual as defined by the Act; (2) the plaintiff must be otherwise qualified for participation in the program

Davison

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

Applicable Legal Standards To qualify for DIB, a claimant must be disabled within the meaning of the applicable statute.3 Under the Social Security Act, a person is disabled if she has an “ … This not only goes against the Seventh Circuit’s established precedent but also contravenes the agency’s regulations.

Farmers Grain Co. v. Toledo, P. & W. R. R.

66 F. Supp. 845 · District Court, S.D. Illinois · Jun 6, 1946

The evidence does not establish such a failure or incompetence on the part of such public officials. 5. … It is a duty of government because roads and highways are indispensible to society, and because individuals are incompetent to establish and control them.

Carmichael-Bey

District Court, S.D. Illinois · Feb 10, 2026

. § 1915A.1 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 … Because this suit includes allegations regarding physical injury and medical care, the Clerk of Court is DIRECTED to enter the standard qualified protective order pursuant to the Health Insurance Portability

Eason v. Pritzker

District Court, S.D. Illinois · Nov 30, 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 … construct coherent sentences and communicate clearly with the Court.

Harvey v. Commissioner of Social Security

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

Plaintiff established care with a new pain management specialist, Dr. Shane Fancher, in July 2016 (Tr. 451). … The brief explanation given by the ALJ in regard to Listing 1.04 is clearly perfunctory. While the consulting physicians, Drs.

Rivera v. Comm'r of Soc. Sec.

368 F. Supp. 3d 626 · District Court, S.D. Illinois · Mar 15, 2019

Thus, the substantial evidence standard is "a very deferential standard of review - even more so than the 'clearly erroneous' standard." Id. (citation omitted); see also Brown v. … However, only the opinions of "acceptable medical sources" - physicians, psychologists, optometrists, podiatrists, and speech-language pathologists - qualify for the treating physician rule.

Johnson v. Sadler

District Court, S.D. Illinois · Jul 31, 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 … These instances are not clearly related to Claims 1-3.

Daniels v. Lawrence

District Court, S.D. Illinois · Feb 23, 2021

A HIPAA Qualified Protective Order was entered on August 17, 2020 (Doc. 31), and Plaintiff filed his second Motion for injunctive relief on August 26, 2020 (Doc. 39). … To secure a preliminary injunction, Plaintiff must establish (1) that he is likely to succeed on the merits, (2) that he is likely to suffer irreparable harm in the absence of preliminary relief, (3) that the balance

Johnson v. Doe 6

District Court, S.D. Illinois · Jul 31, 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 … These instances are not clearly related to Claims 1-3.