Case law

Iowa Pub. Employees' Ret. Sys. v. Merrill Lynch, Pierce, Fenner & Smith Inc.

340 F. Supp. 3d 285 · District Court, S.D. Illinois · Sep 27, 2018

The alleged statements by Shellard and Wipf qualify as direct evidence of concerted action. … These allegations are a far cry from Dagher , and the alleged conduct is not immunized from the per se rule by virtue of EquiLend's presence in the fact pattern. *328 ii.

Giles v. Wyeth, Inc.

500 F. Supp. 2d 1048 · District Court, S.D. Illinois · Jun 18, 2007

To establish causation, the Carakers’ experts relied on a differential diagnosis methodology. … Establishment of cause and effect for the different apparent risks of DSH associated with different antidepressants seen in this study is therefore almost impossible.

Bd. of Educ. of the Yorktown Cent. Sch. Dist. v. C.S.

357 F. Supp. 3d 311 · District Court, S.D. Illinois · Jan 23, 2019

A board of education is required to reimburse parents for private educational services if: (i) the board fails to establish the student's IEP provided a FAPE; (ii) the parents establish their unilateral placement was appropriate … If anything, the confusion caused by the District's alleged error emphasizes the need for an accurate, written IEP, upon which, as the Second Circuit has clearly stated, the Parents can rely.

Morris

District Court, S.D. Illinois · Aug 28, 2026

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 … Because Morris’s claims involve his mental health, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

Parker v. Ritz

District Court, S.D. Illinois · Mar 14, 2022

Expert testimony from witnesses not qualified as experts 8. … Clearly, Plaintiff’s counsel should not make any argument in opening statements. Testa v. Village of Mundelein, Ill., 89 F.3d 443, 446 (7th Cir. 1996).

Elion v. United States

District Court, S.D. Illinois · Oct 17, 2024

In sum, though clearly contradictory testimony without explanation should be disregarded, Kuenneke did provide an explanation. … This was an unsettled and nearly unexplored area of the law—the “building blocks” were nowhere near established at the time.

Tully v. Wexford Health Source

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

Ill. 2015) (“isolated occurrences of deficient medical treatment are generally insufficient to establish . . . deliberate indifference”). … This qualifies as a serious medical condition for purposes of the Eighth Amendment analysis. Under the second prong of the deliberate indifference analysis, Tully must show that Dr.

Russell v. Mitchell

District Court, S.D. Illinois · Mar 14, 2024

Habeas relief is restricted to cases where the state court determination “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as … Co., 698 F.3d 587, 598 (7th Cir. 2012) (“To prevail on a Rule 59(e) motion to amend judgment, a party must clearly establish (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence

Okla. Firefighters Pension & Ret. Sys. v. Xerox Corp.

300 F. Supp. 3d 551 · District Court, S.D. Illinois · Mar 20, 2018

The Court begins by eliminating certain statements whose theory of falsity the Amended Complaint does not explain or which qualify as puffery. … On the facts pled, Health Enterprise clearly was capable of being reused, albeit (as Xerox did not hide) with modifications customized for the needs to the particular state.

Epps v. Sproul

District Court, S.D. Illinois · Apr 25, 2022

Because Epps included in the motion a case caption listing defendants, clearly stated the relief he is seeking, and explained why he believes he is entitled to that relief, the Court construed the motion for injunction … 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

Walton v. Brookhart

District Court, S.D. Illinois · Dec 12, 2023

Plaintiff’s statement clearly and unequivocally threatens suicidal behavior. … Being a signatory on a grievance, however, is not enough to establish deliberate indifference. See, e.g., Owens v.

Gakuba v. Wright

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

A court can deny a qualified plaintiff leave to file IFP or can dismiss a case if the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 … This is especially true given that the claim related to his September 2019 transfer is clearly unrelated to his claim regarding the transfer of his documents upon his release in April 2021.

Downer v. Wills

District Court, S.D. Illinois · Jan 7, 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 … As to the second issue, Plaintiff does not clearly tie his theory that understaffing leads to patient mistreatment to his own situation. See e.g., Dean v.

Martinez v. McAleenan

385 F. Supp. 3d 349 · District Court, S.D. Illinois · Jun 14, 2019

Its jurisdiction to adjudicate this issue and issue a writ of habeas corpus , if appropriate, is established. Lopez v. … ("A four month-long detention without issuance or service of any legal process clearly constitutes an egregious violation of Fourth and Fifth Amendment rights.

Stolarik v. N.Y. Times Co.

323 F. Supp. 3d 523 · District Court, S.D. Illinois · Aug 31, 2018

See Allis-Chalmers , 471 U.S. at 211 , 217 , 105 S.Ct. 1904 ("The duties imposed and rights established through the state tort thus derive from the rights and obligations established by the contract.... … Power Conversion Corp. , 347 F.3d 11 , 14 (1st Cir. 2003) ("Rolling claims that because he qualified as a common law employee he was entitled to benefits under the [Plan]. We disagree....

Williamson v. Boyle

District Court, S.D. Illinois · May 3, 2022

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 … Plaintiff may hypothesize that there is a conspiracy, but he has not plausibly established a conspiracy.

Scott v. United States

District Court, S.D. Illinois · Apr 12, 2023

Overall, as to the cause- in-fact needed to establish proximate cause, the Court finds a genuine issue of material fact when viewing the evidence in a light most favorable to Scott. … Clearly, Scott did not comply with any court-ordered deadline, as there was none, and did not file his disclosure within 30 days after the other expert’s disclosure, as required by Rule 26.

Williamson v. Barry

District Court, S.D. Illinois · May 3, 2022

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 … Plaintiff may hypothesize that there is a conspiracy, but he has not plausibly established a conspiracy.

Black v. Jeffreys

District Court, S.D. Illinois · Mar 25, 2022

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 … Based on the allegations in the Complaint, the Clerk of Court is DIRECTED to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Rector v. Clark

District Court, S.D. Illinois · Dec 13, 2021

In addition, qualified immunity shields both defendants from liability for the claims at issue. (Id.). … The moving party has the burden of establishing that no material facts are genuinely disputed. Lawrence v. Kenosha Cty., 391 F.3d 837, 841 (7th Cir. 2004).