Case law

Grogg v. CSX Transportation, Inc.

659 F. Supp. 2d 998 · District Court, N.D. Indiana · Sep 14, 2009

IMBS, Inc., 368 F.3d 726, 730 (7th Cir.2004) (stating that for preclusion to occur there must be either an “irreconcilable conflict between the statutes or a clearly expressed legislative decision that one replace the other … CSX concludes with the rather curious statement that “[n]evertheless, Tyler Kress is not a medical doctor, he is not qualified to opine on causation, and none of the opinions he offers have any effect on the legal issues

Ram Products Co., Inc. v. Chauncey

967 F. Supp. 1071 · District Court, N.D. Indiana · Jun 3, 1997

A breach of contract is not a tort and therefore may not serve as the basis for establishing a civil conspiracy. … Canyon Television & Appliance Rental, Inc., 944 F.2d 597 (9th Cir.1991) (intangible injuries, such as damage to ongoing recruitment efforts and goodwill, qualify as irreparable harm).

Pegg v. Nexus RVs LLC

District Court, N.D. Indiana · Jul 2, 2019

First, I am satisfied that Bailey is qualified to give expert valuation testimony. … Pegg must first establish a breach of warranty.

Ledford v. Williams

District Court, N.D. Indiana · Nov 5, 2019

Rather, it is a means of vindicating rights, privileges or immunities that are guaranteed by either the U.S. Constitution or a federal statute. Id. … Moreover, the amounts due were clearly communicated, both in the notice and well as in a certification Plaintiff signed.

Starrett v. Commissioner of Social Security

District Court, N.D. Indiana · Feb 10, 2025

A claimant qualifies as disabled if he or he cannot perform such work. … In fact, no valid test established Mr. Starrett’s FEV1 value at or below 1.90. While Mr.

Keller v. Lloyd & McDaniel PLC

District Court, N.D. Indiana · Jul 2, 2019

If the proposed amendment is not clearly futile, denying leave to amend on this ground would be improper. … L&M has arguedthat the conversation between Keller and the employee does not qualify as the requisite “initial communication” that must take place in order for § 1692g to be invoked.

Gaston v. Hazeltine

District Court, N.D. Indiana · Sep 29, 2023

Such judgments qualify as opinions and mental impressions of Grange’s counsel, which are explicitly protected from disclosure under the work-product doctrine. … Based on the evidence produced to the Court, Kedron has not clearly established whether the crime-fraud exception applies to communications before Hyde inspected the lighting system in July 2016 between Grange Insurance

Crowley v. Galperin

District Court, N.D. Indiana · Feb 14, 2023

. § 1915A, the court must screen the complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … He mentions having filed a grievance about his medical care but does not clearly identify whom he sent the grievance to.

Oszust v. Town of St. John

212 F. Supp. 3d 770 · District Court, N.D. Indiana · Aug 30, 2016

That clearly suffices to plead a materially adverse action in this circuit. See, e.g., Atanus v. Perry, 520 F.3d 662, 677 (7th Cir.2008); Moser v. Indiana Dep’t of Corr., 406 F.3d 895 , 904 (7th Cir.2005). … For a government employee, it requires establishing that the plaintiff spoke as a citizen rather than as an employee. Id.

Millman

District Court, N.D. Indiana · Jun 16, 2026

Spaeth is qualified to offer his opinions. 2. … As the experts note, these are the same studies used by the EPA when it creates its risk assessments and establishes regulatory screening levels.

Harper v. Redman

District Court, N.D. Indiana · Jul 19, 2022

. § 1915A, the court must screen the complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … Harper does not clearly allege whether he is referring to bedding and towels or some other type of “linen.”

Viswanadha v. Mayorkas

District Court, N.D. Indiana · Mar 8, 2023

To qualify for a visa in this category, Zimmer was required by statute to show that Dr. … Given that 8 C.F.R. § 204.5(i)(3)(i)(A)–(E) is clearly not a statute, it appears that the Plaintiffs are, in fact, arguing that the Kazarian analysis conflicts with the regulation.

Bezingue v. Steuben Lakes Regional Waste District

District Court, N.D. Indiana · Dec 14, 2020

Defendant is a regional utility district established under Indiana law. … There, the court identified two distinguishing characteristics: whether the establishment is floating or land-based and whether the establishment is authorized to conduct gambling under Indiana’s Riverboat Gambling statute

Zima v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 16, 2021

A claimant qualifies as disabled if he or she cannot perform such work. … Gupta’s 2019 examination, they clearly did not have an opportunity to review these new findings when writing their opinions, and the conclusions about Ms.

Koning v. Bowen

675 F. Supp. 452 · District Court, N.D. Indiana · Dec 16, 1987

To qualify for a period of disability and disability insurance benefits under §§ 216(i) and 223 an individual must meet the insured’s status requirements of the sections, be under age 65, file an application for disability … The medical evidence establishes that the claimant has chronic low back pain, chronic bronchitis secondary to cigarette smoking, and congenital syphilis by history without residual stigmata, but that he does not have an impairment

Casey v. Phelan Insurance Agency, Inc.

431 F. Supp. 2d 888 · District Court, N.D. Indiana · May 9, 2006

As harsh as it might seem, he did not breach any established duty to John and Carol Casey in his actions here. … Rex did not breach that duty, but exercised an option he clearly had under a statute of the State of Indiana. B.

Mapes v. Cable One

District Court, N.D. Indiana · Sep 13, 2022

Rule 59(e) has a slightly more liberal standard than Rule 60, requiring the moving party clearly establish a manifest error of law or an intervening change in the controlling law, or present newly discovered evidence. … However, Cable One is a private business, and as I noted before, it does not fit within the ADA’s exhaustive list of private entities that qualify as public accommodations.

Haley v. Community Hospital

District Court, N.D. Indiana · Jan 25, 2023

The email also stated that “Employee Health will need your immunization records and proof of Flu shot.” Id. Eventually, a tentative start date of March 4, 2019, was agreed upon. … Where Community Hospital is wrong is in regard to what that letter clearly states. Community Hospital says that the request is for a pork-free vaccine. Id. This is incorrect.

Hull v. Wexford Health LLC

District Court, N.D. Indiana · Sep 27, 2021

must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … Hull disputes that he was aggressive, stating that at the visit he “clearly stated [that he] wants, and needs to be seen by the Doctor” and that he “demanded to be given the proper medical attention.”

Howmedica Osteonics Corp. v. Tranquil Prospects, Ltd.

482 F. Supp. 2d 1045 · District Court, N.D. Indiana · Mar 28, 2007

The Federal Circuit stated, “the patent clearly specifies that ‘[t]he present invention is rooted in the recognition of the importance and criti-cality of the stem’s traverse sectional dimensions, along the entire length … In this case, should the foregoing analysis be found not to establish literal infringement, it is certainly sufficient to establish infringement under the doctrine of equivalents, as the percentage fill resulting from the