Case law

Power Authority of New York v. Tug M/V ELLEN S. BOUCHARD

377 F. Supp. 3d 230 · District Court, S.D. Illinois · Mar 27, 2019

Report at 17 (OPA "will significantly reduce the likelihood of an oil spill by establishing tough standards for those who operate tankers."). … Accordingly, because the Cable does not qualify as a facility under OPA, Bouchard's motion for summary judgment dismissing NYPA's claims under OPA is GRANTED.

Johnson v. Illinois Department Of Corrections

District Court, S.D. Illinois · Sep 6, 2022

Further, even if Johnson established a constitutional violation, Defendants are entitled to qualified immunity because the right of Johnson to maintain his dreadlocks was not clearly established. … “[T]he clearly established right must be defined with specificity.” City of Escondido, Cal. v. Emmons, 139 S. Ct. 500, 503 (2019).

Sec. & Exch. Comm'n v. Longfin Corp.

316 F. Supp. 3d 743 · District Court, S.D. Illinois · May 1, 2018

In addition, an offering statement must be reviewed by the SEC, and "qualified" by their staff. 3 Id. Once the offering is qualified, the company, or "issuer," may sell shares to the public. Id. … SEC Qualification of Longfin's Offering On June 16, 2017, the SEC qualified Longfin's Regulation A+ offering.

Frascatore v. Blake

344 F. Supp. 3d 481 · District Court, S.D. Illinois · Sep 25, 2018

That is clearly the "cause [he is] passionate about," not specifically the Incident with Frascatore. … For reasons that are not immediately apparent from a review of their memorandum of law, the City Defendants did not raise any issues relating to municipal liability or qualified immunity.

Brown v. Watson

District Court, S.D. Illinois · Apr 5, 2023

Facts Alleged Viewing all factual allegations and reasonable inferences in Brown’s favor, the Complaint establishes the following relevant facts as to his claims against … Pritzker’s Executive Order 20-19, granting immunity from certain COVID-19 related claims, such state authority may immunize Dr.

Hollins v. Watson

District Court, S.D. Illinois · Apr 5, 2023

Facts Alleged Viewing all factual allegations and reasonable inferences in Hollins’s favor, the Complaint establishes the following relevant facts as to his claims against … Pritzker’s Executive Order 20-19, granting immunity from certain COVID-19 related claims, such state authority may immunize Dr.

Golden v. Cox

District Court, S.D. Illinois · Sep 27, 2022

Clearly, a genuine issue of material fact exists regarding whether Plaintiff was discussing gang activity with a fellow member of a security threat group. … Defendants also contend that they are entitled to qualified immunity.

Mosher v. Austin

District Court, S.D. Illinois · Jun 14, 2023

As a result of Mosher’s loss of custody of her son, she has suffered intense emotional anguish and economic losses such as no longer qualifying for SNAP benefits. … Thus, the Court may dismiss a case if it determines the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also

Rico v. Butler

District Court, S.D. Illinois · Aug 28, 2019

Valleroy also argues that he is entitled to qualified immunity. Rico opposes the motion for summary judgment (Doc. 43). … Lastly, the undersigned finds that Valleroy is not entitled to qualified immunity.

Michael Grecco Prods., Inc. v. Valuewalk, LLC

345 F. Supp. 3d 482 · District Court, S.D. Illinois · Nov 6, 2018

Plaintiff has established liability for copyright infringement by Valuewalk. … Valuewalk cannot retroactively qualify for the safe harbor for infringements occurring before properly designating an agent under the statute.

In re Mirena Ius Levonorgestrel-Related Prods. Liab. Litig. (No. II)

387 F. Supp. 3d 323 · District Court, S.D. Illinois · Jun 11, 2019

Most significantly, it qualified its findings by stating that it "does not account for potential confounders." Id. at 5. … Bayer's Purported Admissions Plaintiffs next argue that the scenario identified by the Second Circuit and other courts, in which a corporate defendant's admission might qualify as sufficient evidence to establish general

Williams v. V3 Holdings Illinois LLC

District Court, S.D. Illinois · Jun 6, 2024

an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins v. … Upon reviewing the Second Amended Complaint, the Court finds it is not clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant.

Gibson v. Retirement Plan for Hourly Employees of Personal Products Co.

515 F. Supp. 2d 886 · District Court, S.D. Illinois · Sep 26, 2007

Guyton’s first report did not establish an entitlement in the plaintiff that she would continue to receive benefits under the Plan. … The Plan’s language clearly gives discretion to the Plan Administrator to determine benefits.

Hinkle v. White

40 F. Supp. 3d 1049 · District Court, S.D. Illinois · May 7, 2014

immunity. … Dist., 673 F.3d 746, 754-55 (7th Cir.2012) (affirming summary judgment because plaintiff did not establish defendants’ statements caused an “alteration in legal status.”).

Poshard v. Madison County, Illinois

District Court, S.D. Illinois · Sep 4, 2020

Sheriffs, treasurers, clerks of court, and several other officers within Illinois counties are elected directly by the people and establish their own policies, but they lack authority to levy taxes or establish … A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the

Waeltz v. Delta Pilots Retirement Plan

137 F. Supp. 2d 1091 · District Court, S.D. Illinois · Mar 30, 2001

Welfare Trust presents convincing arguments as to why the Northern District of Illinois does not qualify as a proper forum under the first and third options articulated in § 1132(e)(2). … As to the two named Plaintiffs herein (one retired, one active), the record does not even clearly establish that they both reside within this District.

Lively v. Dynegy, Inc.

420 F. Supp. 2d 949 · District Court, S.D. Illinois · Feb 15, 2006

Such result clearly would contravene ERISA’s imposition of a fiduciary duty that has been characterized as ‘the highest known to law.’ ” Id. at 1453 (citations omitted). … Under the ’02 Plan, the Committee had the authority to “establish or designate Investment Funds as investment options.” (’02 Plan, § 12.6(n).)

Vandervelden v. United States

District Court, S.D. Illinois · Dec 20, 2021

to decisions made at the policy level, but rather extends to decisions at the operational level that are in furtherance of the policy, the decision at issue must still fall within the actor’s realm of responsibility to qualify … These acts, while clearly negligent, do not involve an element of judgment or choice within the meaning of Gaubert. Id.

Odom v. Julius

District Court, S.D. Illinois · Jun 8, 2020

Defendant is also not entitled to qualified immunity as it was clearly established at the time of the events in question that applying force in a manner inconsistent with maintaining or restoring discipline implicates an

Pruitt v. Stevenson

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

“Qualified immunity is a doctrine that protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … immunity.