Case law

Townsend v. Doe 5

District Court, S.D. Illinois · Oct 15, 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 … He alleges he loudly and clearly requested a crisis team, but despite awareness of his psychosis and prior mental health issues, staff ignored his pleas. (Doc. 1 at 21).

Harlan v. Commissioner of Social Security

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

Applicable Legal Standards To qualify for DIBs or SSI, a claimant must be disabled. … The ALJ’s decision provided that the evidentiary record did not establish that Plaintiff’s degenerative disc disease, stenosis, radiculopathy, hand and wrist osteoarthritis, osteopenia, or right wrist ganglion cyst met

Wilson v. CooperSurgical, Inc.

District Court, S.D. Illinois · Sep 25, 2023

The Court emphasizes that Section 360k(a) provides immunity to manufacturers of Class III medical devices, such as the Filshie Clip, only to the extent that they comply 2The PMA process operates as a federal safety … In light of these authorities, and the fact that there is clearly “a conceivable set of facts” that defeats Defendants’ affirmative defense of untimeliness under Section 13- 213(d), the Court declines to take the “unusual

Roso v. Commissioner of Social Security

District Court, S.D. Illinois · Mar 17, 2022

See SOCIAL SECURITY: MEDICAL/PROFESSIONAL RELATIONS, Disability Evaluation Under Social Security 14.00 Immune System Disorders—Adult, found at https://www.ssa.gov/disability/professionals/bluebook/14.00-Immune-Adult.htm … It is well established that “an ALJ may not ‘play[ ] doctor’ and interpret ‘new and potentially decisive medical evidence’ without medical scrutiny.” Randall R. L. v. Comm'r of Soc.

Townsend v. Merriman

District Court, S.D. Illinois · Oct 15, 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 … He alleges he loudly and clearly requested a crisis team, but despite awareness of his psychosis and prior mental health issues, staff ignored his pleas. (Doc. 1 at 21).

Teen v. Doe

District Court, S.D. Illinois · Nov 25, 2020

To succeed on a claim related to conditions of confinement, a plaintiff must establish both an objective and subjective element. See Grieveson v. … The evidence clearly establishes that maintenance occurred on December 2, 2016 to remedy issues with a sink, shower, and toilet in different cells (Doc. 56-11).

Lautz v. Commissioner of Social Security

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

On December 20, 2019, plaintiff was advised that he did not qualify for benefits and his claims was disapproved. (Tr. 135-138). … In closing, the plaintiff has the burden of establishing that he is disabled within the meaning of the Social Security Act.

Johnson v. Commissioner of Social Security

District Court, S.D. Illinois · Aug 22, 2022

Applicable Legal Standards To qualify for DIB or SSI a claimant must be disabled within the meaning of the applicable statutes3. … On November 9, 2018, Plaintiff presented at the VA to establish as a new patient (Tr. 384). Plaintiff complained of dizziness and blurred vision due to his MS (Tr. 385).

McClaine v. DX Enterprises, Inc.

District Court, S.D. Illinois · Aug 19, 2024

Section 15(a) of BIPA requires that “[a] private entity in possession of biometric identifiers or biometric information must develop a written policy, made available to the public, establishing a retention schedule … clearly and based on objective criteria.” Mullins v. Direct Digital, LLC, 795 F.3d 654, 659 (7th Cir. 2015); Fed. R. Civ. P. 23.

Buchanan

District Court, S.D. Illinois · Mar 16, 2026

Alternatively, he asserts he is protected by the doctrine of qualified immunity. … Defendants also argue that because Buchanan cannot establish that he is entitled to any injunctive relief, the official capacity claim against Wills should also be dismissed.

Gunawardana v. American Veterinary Medical Association

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

to establish he has standing. … The burden of establishing these three elements falls on the party invoking the court’s jurisdiction. Id.

Buck v. Baldwin

District Court, S.D. Illinois · Jul 25, 2022

Id. at 941 (finding that a guard who refused help for a tooth abscess did not qualify for summary judgment concerning deliberate indifference to a serious medical need). … Plaintiff alleges that the two could clearly see that he was in physical distress. He argues that photographs show his distress. (Doc. 141-2 at 29-31).

McAdams v. Shindong Industrial Co., Ltd

District Court, S.D. Illinois · Nov 26, 2019

It is not, and has never been, qualified, licensed or authorized to do business in Illinois, and it does not conduct any business or have a registered agent in Illinois. … Such substantial sales were clearly part of a business plan, not an “eddy” in the flow of business, as Justice Breyer referred to foreseeable but isolated sales.

Macias

District Court, S.D. Illinois · Oct 28, 2025

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 … Plaintiff’s two letters to Governor Pritzker and Director Hughes are not sufficient to establishing the level of knowledge of Plaintiff’s complaints that could support a claim for deliberate indifference to his medical

Liss v. TMS International, LLC

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

Wagner Castings Co., 408 N.E.2d 198, 202 (Ill. 1980) Clearly, the Workers Compensation Act serves to preempt any claims of failure to train sounding … In Doyle, the Illinois Supreme Court addressed the issue of whether a third-party defendant’s statutory immunity under the Workers Compensation Act also immunized it from claims under the Joint Contribution

Wallace v. Baldwin

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

The Court was required to scrutinize nearly 1000-pages of briefs and exhibits to discern relevant facts, and to clearly identify disputes. … He must establish that he had an objectively serious medical need. Id.

Love v. Meyers

District Court, S.D. Illinois · Mar 29, 2022

Myers is a qualified medical professional. He graduated from medical school and is currently licensed to practice medicine in Illinois (Doc. 129-2, p. 1). … employee of Wexford is not a qualified medical doctor.

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

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

To qualify for Medicare reimbursement, the health care provider must ensure services were “provided economically and only when, and to the extent, medically necessary.” 42 U.S.C. … MMAC concluded the facts “clearly show[ed] that serious abuse or harm may result from [GM’s] continued participation in the Medicaid program.” Id. at 4.

Crouch v. Pollack

District Court, S.D. Illinois · Sep 24, 2021

.3d 883, 895 (7th Cir. 2013); In re Repository Techs., Inc., 601 F.3d 710, 723 (7th Cir. 2010) (“We have likewise recognized the narrowness of the doctrine, applying complete preemption only where Congress clearly … Thus, the court found that an agency relationship between the franchisor and the driver was established.

Clair v. Lambert-Goheen

District Court, S.D. Illinois · Mar 17, 2025

Although the co-plaintiffs have clearly made efforts to comply with the Boriboune Order, for reasons discussed later in this Order, the Court finds that at this time it will be most efficient to sever each Plaintiff into … The Court is required to dismiss any portion of the Complaint that is legally frivolous or malicious, fails to state a claim for relief, or seeks money damages from a defendant who is immune from relief. 28 U.S.C.