Case law

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  • Munson v. Overall

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

    Henderson explained to Munson that he did not qualify for partial dentures because he was not missing two side-by-side teeth, Munson consented to extraction of tooth #4, and the tooth was extracted that day. Dr. … The Court is skeptical of Munson’s argument and ultimately concludes that it is on the third point where he has most clearly fallen short.

    Cited 0 timesUnknown
  • Wright v. Walmart Inc.

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

    A common law rule that “requires that manufacturers label or package their products in a particular way” qualifies as a requirement with respect to labeling. Id. at 444. … Clearly, Walmart has complied with the federal standards; accordingly, Wright’s claims are preempted.

    Cited 0 timesUnknown
  • Doubleline Capital LP v. Odebrecht Fin., Ltd.

    323 F. Supp. 3d 393 · District Court, S.D. Illinois · Aug 8, 2018

    In furtherance of this scheme, Defendants established the Division of Structured Operations (the "Division") as a "standalone division" of Odebrecht in 2006. Id. ¶ 41. … Finally, Odebrecht regrets that an attempt was made to create a procedural issue regarding an expression that was clearly taken out of context.

    Cited 64 timesPublished
  • Armour v. Santos

    District Court, S.D. Illinois · Nov 1, 2022

    This interrogatory bears on an issue in the case, and Rule 26(b)(1) clearly provides that parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense. … The Court also notes the standing objection and qualifier IDOC Defendants made in response to Plaintiff’s interrogatory instructions that Defendants would respond to the interrogatories based upon their personal knowledge

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  • Unkraut

    District Court, S.D. Illinois · Mar 16, 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 “ … Non-medically determinable impairments included headache disorder because headaches were tension headaches and not clearly migrainous. Tr. 18-19.

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  • Pistolis v. JF Electric

    District Court, S.D. Illinois · Jun 15, 2022

    6 Other examples of Requests to Admit that are clearly not designed to eliminate issues or narrow the issues are: 6, 8, 9, 14, 17, 19, and 23 (See Doc. 111-1). … Burge, 433 F.3d 946, 949 (7th Cir. 2006) (“The purpose of the qualified privilege for attorney work product ... is to establish a zone of privacy in which lawyers can analyze and prepare their client's case free

    Cited 0 timesUnknown
  • Roberson v. Maestro Consulting Services LLC

    District Court, S.D. Illinois · Dec 14, 2020

    Defendants established, at the time of removal, the requirements for jurisdiction under CAFA. … each element” required to establish he or she has standing.

    Cited 0 timesUnknown
  • McRae v. Myers

    District Court, S.D. Illinois · Apr 21, 2022

    App’x 390 (7th Cir. 2018) (a court may dismiss a complaint upon screening if it is clearly barred by the statute of limitations). … A plaintiff must establish an arbitrary action and some improper personal motive for the differential treatment. Id.

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  • Boyd v. Commissioner of Social Security

    District Court, S.D. Illinois · Jul 11, 2023

    LEGAL STANDARD To qualify for DIB, a claimant must be disabled within the meaning of the applicable statutes. … All counsel did was establish that [the] [VE] had relied on the OEQ and confirmed that the OEQ relied on the equal distribution method.

    Cited 0 timesUnknown
  • Warren v. Illinois Department of Corrections

    District Court, S.D. Illinois · Mar 30, 2021

    The Complaint contains allegations against various John Does, but they are not clearly identified. … Furthermore, the mere fact that these Defendants were in supervisory positions is insufficient to establish liability.

    Cited 0 timesUnknown
  • Moomaw v. Geosnapshot Pty Ltd

    District Court, S.D. Illinois · Mar 20, 2025

    Instead, for a nonparty to qualify as a third-party beneficiary, the language of the contract must show that the contract was made for the direct, not merely incidental, benefit of the third person. … Instead, Rosenbach clearly recognizes the statutory violation itself is the ’injury’ for purposes of a claim under the Act.” Id. at 928.

    Cited 0 timesUnknown
  • Smith-Johnson

    District Court, S.D. Illinois · May 7, 2026

    To establish prejudice, there must be a reasonable probability that, but for the deficient performance, the result of the proceeding would be different. … Smith-Johnson clearly argues that an enhancement under § 2K2.1(b)(6)(B) due to his possession of the switch was erroneous in light of his conviction for the same conduct. (Doc. 1, p. 6).

    Cited 0 timesUnknown
  • Suchanek v. Sturm Foods, Inc.

    311 F.R.D. 239 · District Court, S.D. Illinois · Nov 3, 2015

    Defendants do not challenge the adequacy of class counsel (see Doc. 192), and the Court has no reason to believe they are not qualified. … So aiding and abetting is clearly included.

    Cited 4 timesPublished
  • Wachter v. Jeffries

    District Court, S.D. Illinois · Sep 19, 2025

    by a showing that the materials cited do not establish the absence or presence of a genuine dispute or that an adverse party cannot support the fact. Fed. R. Civ. P. 56(c)(1)(B). … However, since there is no continuing violation of federal law that warrants injunctive relief, and he is otherwise entitled to sovereign immunity, Defendant Monti requests that the Court grant summary judgment in his

    Cited 0 timesUnknown
  • Ortega v. Shelton

    District Court, S.D. Illinois · Nov 21, 2019

    He further stated, “I don’t want to hear or see that the PRB cannot revoke my parole as it clearly states in the statutes that they can absolutely revoke, and is revoked when they order reconfinement for parole violation … Yet, those who do not qualify for placement in a halfway house (e.g., sex offenders with electronic monitoring) and who are unable to locate suitable housing are then issued a warrant as a violator even though they have

    Cited 0 timesUnknown
  • White v. United States

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

    Defendant pointed to documents White filed in other cases establishing the availability of significant funds. … He was clearly warned that any more documents containing such language would be stricken and returned to him without any further action by the Court. (Id.).

    Cited 0 timesUnknown
  • Veal v. Illinois Department of Corrections

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

    The evidence thus establishes that Dr. Shah’s decision regarding medication was based on his professional judgment rather than “gratuitous cruelty.” Greeno v. … However, the record clearly demonstrates that Plaintiff knew he had arthritis (see, e.g., Doc. 83-1, pp. 47–48; Doc. 86, pp. 63, 67, 74).

    Cited 0 timesUnknown
  • Judkins v. Spiller

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

    § 1915A, the Court must screen prisoner Complaints to filter out nonmeritorious claims and dismiss any portion that is legally frivolous, malicious, fails to state a claim for relief, or requests money damages from an immune … Upon dismissing the original Complaint, the Court clearly explained what facts were missing and what legal standards apply when evaluating the merits of a due process claim arising from a disciplinary proceeding.

    Cited 0 timesUnknown
  • Wilder v. World of Boxing LLC

    310 F. Supp. 3d 426 · District Court, S.D. Illinois · Apr 19, 2018

    The WOB Parties argue that the Escrow Agreement clearly provided WOB with the right to obtain the escrowed funds where, as here, the Bout was canceled or postponed. See WOB Mem. at 39-40 ("Here, Mr. … Thus, Wilder was not obligated to present an advice of counsel defense to establish his good faith.

    Cited 14 timesPublished
  • Phillips v. Wills

    District Court, S.D. Illinois · Feb 7, 2025

    Here, based on these legal authorities, Petitioner is clearly not entitled to an equitable tolling of the one-year limitations period stated in § 2244(d). … Thereafter, the defendant requested immunity in exchange for agreeing to give the statement.

    Cited 0 timesUnknown

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