Case law

West Side Salvage, Inc. v. RSUI Indemnity Co.

215 F. Supp. 3d 728 · District Court, S.D. Illinois · Oct 17, 2016

The Westlake Court discussed the term occurrence in the context of modern day CGL policies, surmising that “an intentional act resulting in property damage the insured did not expect or intend qualifies as an accident amounting … First, a number of cases highlight that in order to establish a possibility of bad faith sufficient to overcome summary judgment, a plaintiff must establish a timeline showing that an insurer’s knowledge of the need to attempt

Chairs v. IDOC

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

And absent evidence establishing a constitutionally cognizable claim for excessive force, Plaintiff’s failure to intervene claim fails as a matter of law.2 Harper, 400 F.3d at 1066. … In other words, Plaintiff cannot avoid summary judgment based on evidence he 2 Because the Court finds that the evidence does not support the claim against Defendant, it need not address the issue of qualified immunity

Hartwell v. Werlich

District Court, S.D. Illinois · Dec 20, 2019

A prisoner may not file a “second or successive” § 2255 motion unless a panel of the appropriate court of appeals certifies that such motion contains either 1) newly discovered evidence “sufficient to establish by clear … In Hartwell’s case, if his Michigan drug conviction qualifies as a predicate under the Guidelines’ definition, it will also qualify as a predicate under 21 U.S.C. §§ 841(b)(1)(A) and 802(44)’s definition of “felony drug

Distefano v. Berryhill

363 F. Supp. 3d 453 · District Court, S.D. Illinois · Mar 27, 2019

An impairment that manifests only some of those criteria, no matter how severely, does not qualify." Sullivan v. … Mem. at 15, it is well-established that "[s]tate agency physicians are qualified as experts in the evaluation of medical issues in disability claims," and as such, "their opinions may constitute substantial evidence if they

In Re Yasmin and Yaz (Drospirenone) Marketing

692 F. Supp. 2d 1025 · District Court, S.D. Illinois · Feb 26, 2010

him under Illinois law was sufficient to establish fraudulent joinder). … In addition, as the Court has already discussed, in Illinois, pharmacies and pharmacists are immune from failure to warn claims.

Day v. Jeffreys

District Court, S.D. Illinois · Dec 9, 2019

The Supreme Court has not clearly defined the elements of a constitutionally adequate civil detainee treatment program. … The RA also prohibits discrimination against qualified individuals based on a physical or mental disability. See 29 U.S.C. §§ 794-94e.

Caraker v. Sandoz Pharmaceuticals Corp.

172 F. Supp. 2d 1018 · District Court, S.D. Illinois · Sep 4, 2001

But a broad delegation and the highly-regulated nature of the relationship between the FDA and drug manufacturers does not itself establish preemption. See Silkwood v. … Without this clear evidence or preemptive intent, this Court is wary to immunize the entire pharmaceutical drug industry which Congress itself believed needed to be better watched..

Nissan S.J. Blakes v. Sgt. Crawford, Lt. Livingston, John Doe (Property Officer), and Warden Brown

District Court, S.D. Illinois · Apr 14, 2026

from an immune defendant must be dismissed. See 28 U.S.C. § 1915A(b). At this juncture, the factual allegations of the pro se Complaint are to be liberally construed. See Rodriguez v. … To state a claim under the due process clause of the Fourteenth Amendment, Plaintiff must establish a deprivation of liberty or property without due process of law.

McBroom v. Illinois Department of Corrections (IDOC)

District Court, S.D. Illinois · Sep 25, 2025

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 … The prospective claims are not sufficient because speculative future harm is not sufficient to establish an access to courts claim, particularly where as here, Plaintiff clearly is able to file at least some materials

Bruscino v. Carlson

654 F. Supp. 609 · District Court, S.D. Illinois · Feb 25, 1987

limited direct access to the Control Unit law library, the requirement of a visual body-cavity search before and after using the library, the “exact-cite” paging system for requesting legal materials, and the lack of an established … General population inmates may be given a rectal search “only by designated qualified health personnel ... and only if the Warden or Acting Warden has reasonable belief that an inmate is concealing contraband in or on his

Danone, Us, LLC v. Chobani, LLC

362 F. Supp. 3d 109 · District Court, S.D. Illinois · Jan 23, 2019

On the front and top of the packaging, the claim appears in reasonably readable typeface and is in no way qualified. … Dannon has not established a likelihood of success on the merits of a literal falsity claim.

McNeal v. Watson

District Court, S.D. Illinois · Mar 2, 2022

The face of the Complaint clearly bears an intention to bring claims under § 1983, because the Plaintiffs expressly labeled the pleading as such. … Both jurisdictional statements cite to § 1983 and discuss 11th Amendment immunity.

Santamaria v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · May 19, 2022

Any portion of the Complaint that is legally frivolous, malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. 28 U.S.C. § 1915A(b). … To establish a constitutional violation, a plaintiff must prove: (1) that his living conditions were sufficiently serious; and (2) that defendant acted with deliberate indifference. Farmer, 511 U.S. at 834.

Stull v. Siddiqui

District Court, S.D. Illinois · Feb 27, 2020

Hawkins also contends she is entitled to qualified immunity. … The Court need not consider whether Defendant Hawkins is entitled to qualified immunity because the Court finds she did not violate Plaintiff’s constitutional rights.

Schanuel v. Anderson

546 F. Supp. 519 · District Court, S.D. Illinois · Sep 9, 1982

The standards applicable to a motion for summary judgment under Federal Rule of Civil Procedure 56 are well established. … The facts of the case are simple and undisputed and established for purposes of this motion. They are as follows: 1.

Algee v. BA Credit Card Funding, LLC

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

an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins v. … Algee contends that his “application contained all elements which establishes it as a negotiable instrument by law.” The Court respectfully disagrees.

Moore v. Jeffreys

District Court, S.D. Illinois · Dec 10, 2021

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 … Brown, 856 F. 3d 508, 522 (7th Cir. 2017) (“some conditions of confinement may establish an Eighth Amendment violation in combination when each would not do so alone”). But see Carroll v.

Doyle v. U.S. Dep't of Homeland Sec.

331 F. Supp. 3d 27 · District Court, S.D. Illinois · Jul 26, 2018

Construing this portion of the MOU as a guideline amenable to review for compliance with the PRA would thus muddy the "narrow, clearly defined limitation on the scope of the PRA" that restrains courts only to consider "guidelines … The APA does not provide an independent basis of federal jurisdiction, but "waives the federal government's sovereign immunity in actions" invoking federal question jurisdiction. Lunney v.

Badenhorst v. Hughes

District Court, S.D. Illinois · May 22, 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 … The RA likewise prohibits discrimination against qualified individuals based on a physical or mental disability. See 29 U.S.C. §§ 794-94e.

Clay v. American Tobacco Co.

188 F.R.D. 483 · District Court, S.D. Illinois · Jul 9, 1999

Given these staggering figures, the numerosity requirement is clearly met. *491 B. … Therefore, “[a] class is not fairly and adequately represented if class members have antagonistic or conflicting claims” or if class counsel is not sufficiently qualified to conduct the proposed litigation.