Case law

In re Libor-Based Fin. Instruments Antitrust Litig.

299 F. Supp. 3d 430 · District Court, S.D. Illinois · Feb 28, 2018

Webb is so qualified. 132 As to suppression, Dr. … We reasoned that "[a]lthough the swap contracts clearly required defendants to pay plaintiffs the prescribed floating rate of return using the LIBOR reported by the BBA, the contracts did not clearly cover the subject matter

Pre-Fab Transit Co. v. United States

262 F. Supp. 1009 · District Court, S.D. Illinois · Jan 23, 1967

(Whitehouse) in their individual tariffs proposed to establish rates on, among others, portable buildings, to become effective September 20, 1965. Mobile Housing Carriers Conference, Inc. … There is no question but that these men were highly qualified in their respective fields.

Williams v. Diercks

District Court, S.D. Illinois · Jan 26, 2023

And the undisputed facts establish that Williams actively resisted arrest and at one point, grabbed Officer Diercks’ thigh and groin area and tackled him to the ground. … YANDLE United States District Judge Because Williams has failed to establish a constitutional deprivation, the Court need not address Diercks’ qualified immunity argument.

Hall v. Operative Plasterers' & Cement Masons' International Ass'n Local Union 143

188 F. Supp. 2d 1013 · District Court, S.D. Illinois · Sep 13, 2001

On May 5, 1998, she applied to become a journeyperson in Local 143 and was certified as qualified to be a journeyperson. … As of the date of the complaint, all qualified white apprentices had received their journeyperson cards, *1017 but Hall had not.

Walls

District Court, S.D. Illinois · Jul 24, 2026

Plaintiff asked to speak with a doctor because Nurse Simpson is not qualified to order the confiscation of his mobility aids. … Nothing in the Complaint establishes that Plaintiff’s mobility devices were confiscated at the direction of Dr.

Maya v. Illinois Department of Corrections

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

violated was clearly established. … clearly established that they too may be found liable.

Dees v. IDOC

District Court, S.D. Illinois · Mar 22, 2024

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 … “[N]egligence, gross negligence, or even recklessness as the term is used in tort cases is not enough” to establish an Eighth Amendment violation. Hildreth v. Butler, 960 F.3d 420, 426 (7th Cir. 2020).

In re Children's Inv. Fund Found. (Uk)

363 F. Supp. 3d 361 · District Court, S.D. Illinois · Jan 30, 2019

Therefore, the Applicants and Respondents IREO Subsidiary and Wisch are instructed to meet and confer to discuss, for each Foreign Proceeding, 12 whether Applicants who are not parties or complainants in the proceeding qualify … Respondent Wisch does not identify any authority in this district for the proposition that drafting a witness statement somehow immunizes a third party from deposition.

Fowler v. Keefer

District Court, S.D. Illinois · Aug 18, 2023

DUGAN United States District Judge 7 Defendants also argue that they are entitled to qualified immunity as to Counts One and Two. … The Court need not address the qualified immunity issue because it concludes that Defendants are entitled to summary judgment as to both claims. 13

Derogatis v. Bd. of Trs. of the Welfare Fund of the Int'l Union of Operating Eng'rs Local 15, 15a, 15C 15D, AFL-CIO

385 F. Supp. 3d 308 · District Court, S.D. Illinois · Jun 13, 2019

To put numbers on the difference: if Frank died while employed, Emily was entitled to a Preretirement Annuity of $ 787 per month; if he died after retiring, Emily could qualify for a Joint Annuity (the "100% Joint Annuity … 322 , but at the same time quite clearly stated that she had "failed to state a § 502(a)(3) claim under a theory of estoppel or reformation," id. at 323 .

State Auto Property & Casualty Insurance Co. v. Brumit Services, Inc.

245 F. Supp. 3d 1048 · District Court, S.D. Illinois · Mar 28, 2017

State Auto argues that Brumit qualifies as a sophisticated insured (Doc. 70-1), while Brumit and the Menards both contend that he does not. (Doc. 67, Doc. 69). … Menard's affidavit is clearly based on personal knowledge, and it is not conclusory, unsupported, or speculative—she provided a fairly thorough explanation as to why she would not have been willing to discuss settlement,

Otto v. Hearst Commc'ns, Inc.

345 F. Supp. 3d 412 · District Court, S.D. Illinois · Dec 10, 2018

Therefore, "[w]hile an entity's status as a news publication may be highly probative on certain relevant inquiries, such as whether that entity has a fair use defense to copyright infringement, it does not render that entity immune … Publicly released works qualify for far less protection from use by others than do unpublished materials. Harper & Row , 471 U.S. at 564 , 105 S.Ct. 2218 .

Prout v. Vladeck

371 F. Supp. 3d 150 · District Court, S.D. Illinois · Apr 12, 2019

history fleshed out to include the above evidence of unresponsiveness and delay, the Court finds that there is a genuine dispute as to whether VRC's conduct fell within the range of "reasonable courses of action" that would immunize … Prout's Non-Willful FMLA Claim "To establish a prima facie case of FMLA retaliation, a plaintiff must establish *162 that 1) he exercised rights protected under the FMLA; 2) he was qualified for his position; 3) he suffered

Woods v. Maruchan, Inc.

District Court, S.D. Illinois · Jan 9, 2023

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 Hoskins … To establish federal question jurisdiction, Mr.

Holton v. Tharp

District Court, S.D. Illinois · Feb 20, 2024

Defendants alternatively argue that they are entitled to summary judgment on grounds of qualified immunity. (Doc. 52, pp. 6-7). … on the grounds of qualified immunity.

Zohar CDO 2003-1, Ltd. v. Patriarch Partners, LLC

286 F. Supp. 3d 634 · District Court, S.D. Illinois · Dec 29, 2017

Here, Zohar clearly seeks relief under the federal RICO statute. (Compl. ¶¶ 22, 219-220.) … And all such claims are pending before the same judge in the Delaware Chancery Court, who is eminently qualified to resolve them.

Milon v. K & K Supply Co.

666 F. Supp. 1213 · District Court, S.D. Illinois · Jul 24, 1987

Clearly plaintiff has alleged that an injury has occurred within the State of Illinois. … Therefore, plaintiff has established long-arm jurisdiction within Illinois over defendant K & K Supply Company pursuant to Ill.Rev.Stat ch. 110 112-209(a)(2).

Souvannasot v. Bhatt

District Court, S.D. Illinois · Aug 19, 2020

A court can dismiss a case if the court determines that 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. … Although Plaintiff’s demand for monetary damages exceeds $75,000, because the parties are all citizens of Illinois, Plaintiff fails to establish diversity jurisdiction.

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig.

383 F. Supp. 3d 187 · District Court, S.D. Illinois · Apr 3, 2019

false, clearly material, and clearly likely to induce reasonable reliance." … false, clearly material, and clearly likely to induce reasonable reliance."

State v. U.S. Dep't of Justice

343 F. Supp. 3d 213 · District Court, S.D. Illinois · Nov 30, 2018

Similarly, if people fear that the City could disclose their information to immigration authorities, they may refuse to cooperate with public health investigations or obtain medical services such as immunizations. … the perspective of a state official who is engaged in the process of deciding whether the State should accept [the] funds and the obligations that go with those funds," and "must ask whether such a state official would clearly