Case law

Green v. Wexford Health Sources, Inc.

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

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. IT IS SO ORDERED.

Vullo v. Office of the Comptroller of the Currency

378 F. Supp. 3d 271 · District Court, S.D. Illinois · May 2, 2019

A plaintiff can demonstrate standing by establishing three elements: (1) an injury-in-fact; (2) causation; and (3) redressability. See id. … Sebelius , 656 F.3d 253 , 270 (4th Cir. 2011) (finding that states have no standing to protect state law that "simply purports to immunize [state] citizens from federal law"); West Va. v. U.S.

Boneau

District Court, S.D. Illinois · Mar 9, 2026

Her race-based discrimination claim ostensibly is based, in part, on the fact that she was passed over for a position she was qualified for in favor of a white man. (Id.). … A plaintiff can establish retaliation either directly or indirectly.

Davis v. Retirement Plan of Phibro Animal Health Corp. & Subsidiaries & Affiliates

845 F. Supp. 2d 915 · District Court, S.D. Illinois · Jan 13, 2012

In order to make a prima facie case specifically under § 510, Weede must show “that he (1) belongs to the protected class; (2) was qualified for his job position; and (3) was discharged or denied employment under circumstances … A claim for wrongly computed benefits is clearly a vested benefit. Id.; Sommers Drug Stores Co. Employee Profit Sharing Trust v. Corrigan, 883 F.2d 345 (5th Cir.1989).

Daniels v. Wills

District Court, S.D. Illinois · Jun 19, 2024

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 … To seek a preliminary injunction, a plaintiff must establish: a likelihood of success on the merits of his claim; no adequate remedy at law; and irreparable harm without the injunctive relief. See Mays v.

Pitts v. Hughes

District Court, S.D. Illinois · Feb 16, 2024

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). … A TRO may issue without notice only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage

Rowan v. SIU Physicians and Surgeons, Inc.

District Court, S.D. Illinois · Mar 26, 2024

The movant bears the burden of establishing the absence of a genuine issue as to any material fact and entitlement to judgment as a matter of law. See Santaella v. Metropolitan Life Ins. … As a waiver of sovereign immunity, the FTCA provides the exclusive remedy for tort claims for money damages allegedly resulting from the performance of medical functions by an employee of the PHS while acting within the

Walton v. Bayer Corp.

692 F. Supp. 2d 1012 · District Court, S.D. Illinois · Feb 26, 2010

In addition, as the Court has already discussed, in Illinois, pharmacies and pharmacists are immune from failure to warn claims. … In fact, even the allegations dealing with the development, production, labeling, and marketing of Yasmin, which clearly do not implicate Niemann Foods, are directed toward “Defendants.”

Casey

District Court, S.D. Illinois · Sep 1, 2026

Defendant does not challenge the adequacy of class counsel, and the Court has no reason to believe they are not qualified. … The Court disagrees that these facts establish a reasonable expectation of reoccurrence as to Plaintiff.

Thompson v. Unknown Parties

District Court, S.D. Illinois · Mar 21, 2024

Among other things, the affiant must confirm that he has consulted with a health professional who is knowledgeable of the issues, practices in the relevant area of medicine, and is qualified to offer an opinion that there … The written report of the reviewing health professional must clearly identify the plaintiff and state each of the reasons that a reasonable and meritorious cause for the filing of the action exists.5 Id.

Maverick Long Enhanced Fund, Ltd. v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.)

594 B.R. 564 · District Court, S.D. Illinois · Sep 30, 2018

"A finding of fact is clearly erroneous when 'the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.' " Adler v. Lehman Bros. … Holdings Inc. , 531 B.R. 339 , 341, 343 (S.D.N.Y. 2015) (applying Section 562 where *573 "LBSF's bankruptcy qualified as an 'Event of Default' pursuant to Section 6.1(e) of the 1998 Agreement.

Tuduj v. Boswell Pharmacy Services LLC

District Court, S.D. Illinois · Feb 24, 2023

MOTIONS TO DISMISS Quantum argued in the Motion to Dismiss that because Seventh Circuit precedent is clearly established that respondeat superior liability does not apply to a private corporation … In the present case, Plaintiff has clearly defined claims against Drs.

Youngblood v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Mar 31, 2022

Ahmed deliberately or even recklessly delayed the distribution of his pain medication, Youngblood cannot establish a deliberate indifference claim against him. See e.g. Burton v. … Qualified Immunity Because the Court finds that the evidence does not support a deliberate indifference claim against any defendant, it need not address the issue of qualified immunity

Ferguson v. Ridings

District Court, S.D. Illinois · Dec 4, 2024

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 term “legal mail” typically refers only to mail to or from the inmate’s legal counsel that is clearly identified on the envelope. Kaufman, 419 F.3d at 686.

Seats v. Shah

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

Therefore, she concludes, her conduct as an administrator did not violate Plaintiff’s Constitutional rights and she is entitled to summary judgment and qualified immunity. … Wexford To prevail in his §1983 claim against Wexford, Plaintiff must establish that his Eighth Amendment right to be free from cruel and unusual punishment

Due v. USA

District Court, S.D. Illinois · Oct 18, 2022

Any portion of the Complaint that is legally frivolous or malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be 1 See Bivens v. … Allegations in a complaint are “factually frivolous” when they are “clearly baseless,” “fanciful,” “fantastic,” “delusional,” “irrational,” or “wholly incredible.” Felton v.

Murphy v. Childress

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

To seek a preliminary injunction, a plaintiff must establish: a likelihood of success on the merits of his claim; no adequate remedy at law; and irreparable harm without the injunctive relief. See Mays v. … 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.

New York v. U.S. Dep't of Commerce

351 F. Supp. 3d 502 · District Court, S.D. Illinois · Jan 15, 2019

That forced resource-diversion also qualifies as an Article III injury. … Secretary Ross's failure to justify that departure qualifies as arbitrary and capricious.

Ford

District Court, S.D. Illinois · Jul 16, 2026

Based on these findings, Plaintiff did not qualify to proceed IFP under the imminent danger exception, and his motion was denied. Plaintiff was given until June 6, 2026, to pay the full filing fee of $405.00. … These allegations, however, are too ambiguous and not clearly asserted against any of the 50 named Defendants.

Chencinski v. Myers

District Court, S.D. Illinois · Jun 3, 2020

He also states that he has a history of seizures, and seizures are on IDOC’s list of conditions that qualify for low bunk and low gallery permits. … At the hearing, Chencinski cross examined witnesses and communicated clearly with the Court and opposing parties.