Case law

Smith v. Commissioner of Social Security

District Court, S.D. Illinois · Sep 24, 2020

APPLICABLE LEGAL STANDARDS To qualify for DAC benefits, a claimant who is over the age of 18 must have a disability which began before she reached the age of 22. … In April 2018, a few days before the hearing, Plaintiff went to Chestnut Health Systems to establish care with a new psychiatrist. She was evaluated by an advanced practice nurse (“APN”).

Braden v. Benton

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

Any portion of the 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. Id. … that establish the same”).

Colbert v. Comm'r of Soc. Sec.

313 F. Supp. 3d 562 · District Court, S.D. Illinois · Jun 19, 2018

The Second Circuit has characterized the substantial evidence standard as "a very deferential standard of review-even more so than the 'clearly erroneous' standard." Brault v. Soc. Sec. … However, those regulations also expressly state: statements about your pain or other symptoms will not alone establish that you are disabled.

Cole v. Lawrence

District Court, S.D. Illinois · May 6, 2020

A state court decision is an “unreasonable application of” clearly established federal law if the state court “identifies the correct governing legal rule from [Supreme Court] cases but unreasonably applies it to the facts … (Doc. 1, p. 23).The point here and in the state courts was presented as a matter of state law,i.e., whether Chandra Jones qualified as an accomplice to Cole’s crimes. 28 U.S.C. §2254 affords habeas relief only where

Frankfurt-Trust Inv. Luxemburg AG v. United Techs. Corp.

336 F. Supp. 3d 196 · District Court, S.D. Illinois · Sep 28, 2018

Motive and Opportunity On the first factor, "motives that are common to most corporate officers ... do not constitute motive for the purpose[ ]" of establishing scienter. … For the few alleged misstatements that do not qualify as opinion statements, other reasons render them innocuous.

Lewis v. Stout

District Court, S.D. Illinois · Jun 16, 2022

Because Defendants Stout and Kink did not violate Plaintiff’s constitutional rights, the Court need not address their qualified immunity argument. B. … Ritz’s denial of the ENT referral request in March 2016 was clearly not evidence of deliberate indifference. Dr.

Martes v. Comm'r of Soc. Sec.

344 F. Supp. 3d 750 · District Court, S.D. Illinois · Nov 2, 2018

The Second Circuit has characterized the substantial evidence standard as "a very deferential standard of review - even more so than the 'clearly erroneous' standard." Brault v. Soc. Sec. … While Aubeuf permits subjective pain to establish disability, Aubeuf does not require an ALJ to accept such testimony.

Houston v. Aumiller

District Court, S.D. Illinois · Mar 24, 2025

Wis. 2014) (“Suicide, attempted suicide and other acts of self-harm clearly pose a ‘serious’ risk to an inmate’s health and safety.”); Estate of Novack ex rel. Turbin v. … However, Inmate Pryor qualified this statement by admitting that Defendant West “plays a lot, so he always makes jokes and rude comments as to kill yourself and things like that. So, no, can’t take him seriously.”

Wilson v. CooperSurgical, Inc.

District Court, S.D. Illinois · Sep 9, 2025

The Court stresses that § 360k(a) provides immunity to manufacturers of Class III medical devices, such as Filshie Clips, only to the extent they comply with and do not violate federal law. … Such claims clearly are [expressly] preempted.”).

Liss v. TMS International, LLC

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

Neither party specifies the content of the signs, and the pictures of the yellow sign, the orange sign, and the white notice sign are too small to make out the text clearly. … Property owners, however, are not immune to claims arising from natural conditions in which man-made conditions contribute to the natural conditions. See McClean v.

Baker v. Commissioner of Social Security

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

APPLICABLE LEGAL STANDARDS To qualify for DIB and SSI, a claimant must be disabled within the meaning of the applicable statutes. … The evidence in the record clearly shows that the Plaintiff suffers from depression and anxiety, and Plaintiff has had trouble in various social and work settings.

Saso v. United States

District Court, S.D. Illinois · Sep 29, 2025

The Government argues that Saso is unable to provide the necessary proof of either Strickland prong to show that Attorney Ethan Skaggs’s conduct qualifies as ineffective assistance of counsel (Doc. 27, pp. 19–22). … Appellate counsel’s performance is considered deficient where counsel neglects to raise an issue that was both obvious and “clearly stronger than the issues raised”; however, counsel is not required to raise every non-frivolous

Axar Master Fund, Ltd. v. Bedford

308 F. Supp. 3d 743 · District Court, S.D. Illinois · Mar 29, 2018

Republic's Pilot Staffing Issues and Contract Dispute with Delta In early 2015, Republic began experiencing a shortage of qualified pilots as a result of new regulations concerning pilot qualifications and a dispute with … A party's assertion that it was not in breach of a best efforts clause in those circumstances clearly would be a statement of opinion. Here, the code share agreements are not before the Court.

Winger v. Siddiqui

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

Siddiqui noted Plaintiff experienced chronic right shoulder pain and that Plaintiff did not qualify for a low bunk permit (id.). Dr. Siddiqui renewed Plaintiff’s double cuff permit (Doc. 118-5 at 80, 92). … While Plaintiff clearly disagrees with the course of treatment rendered by Dr.

In re Gen. Motors LLC

339 F. Supp. 3d 262 · District Court, S.D. Illinois · Sep 12, 2018

measurable monetary damages to qualify as aggrieved." … To qualify as ascertainable, loss must be "quantifiable or measurable." Id. at 248 , 872 A.2d 783 .

Breidecker v. Garnett Wood Products Co., Inc.

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

A motion under Rule 59(e) may be granted only if the movant presents newly discovered evidence that was not previously available or points to evidence in the record that clearly establishes the court committed a manifest … He was clearly aware of the hearing.

Joyner v. Wexford Health Sources, Inc.

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

Plaintiff was also diagnosed as having schizoaffective disorder by Qualified Mental Health Provider (“QMHP”) Staci Murray on February 23, 2018. (Doc. 72, Exh. 1, p. 4). … Even if this were not the case, Plaintiff’s medical records clearly demonstrate that Defendant Santos adequately treated Plaintiff’s chest, throat, and abdominal pain.8 Defendant repeatedly ordered KUB x-rays

Bradley v. Wexford, Inc.

District Court, S.D. Illinois · Jan 31, 2020

Siddiqui, but he refused, stating he wanted to see someone “qualified.” He refused to sign a refusal of evaluation form. The healthcare unit delivered a wheelchair and seat cushion to Bradley’s cell. … Supp. 3d at 1086 (noting that “isolated occurrences of deficient medical treatment are generally insufficient to establish . . . deliberate indifference”).

Davis v. Baldwin

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

Social isolation is also known to adversely impact the functioning of the human immune system and undermines health outcomes in general (Id.). … The plaintiff must also demonstrate that the proposed class qualifies under at least one of the three subsections of Rule 23(b). Id.

Bankunited v. Merritt Envir. Consulting Corp.

360 F. Supp. 3d 172 · District Court, S.D. Illinois · Dec 20, 2018

Further, Plaintiff's own allegations establish that its relationship with MECC and LCS was one of "trust and confidence," given that they were hired to "counsel and advise" Plaintiff, and Plaintiff relied on their expertise … Bank Nat'l Ass'n , 898 F.3d 243 , 257-58 (2d Cir. 2018) ("When a plaintiff was aware of the deficiencies in his complaint when he first amended, he clearly has no right to a second amendment even if the proposed second amended