Case law

Bartole v. Hughes

District Court, N.D. Indiana · Oct 18, 2022

1915A, I 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 … Although Title II of the ADA provides that qualified individuals with disabilities may not “be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity,” 42 U.S.C

Lace v. Fortis Plastics, LLC

295 F.R.D. 192 · District Court, N.D. Indiana · Sep 24, 2013

Therefore, typicality is established with respect to the Proposed Class. *203 With respect to the Proposed Subclass, typicality is not yet established. … The Supreme Court has clearly ruled that claims predominantly requesting individual monetary awards do not belong in Rule 23(b)(2). Dukes, 131 S.Ct. at 2557-60 .

United States v. Franklin

546 F. Supp. 1133 · District Court, N.D. Indiana · Aug 30, 1982

Other cases in the same vein clearly establish the deep and widespread judicial concern regarding this problem. See, U. S. v. Hall, 424 F.Supp. 508 (W.D.Okla.1975); U. S. v. Dioguardi, 492 F.2d 70 (2d Cir. 1974); U. … It is provided at 28 U.S.C. § 1863 (b)(8) that the district courts’ jury selection plans shall fix the time when names drawn from the qualified jury wheel shall be disclosed to parties and the public, but that the plan may

Murphy v. McCann

District Court, N.D. Indiana · Aug 16, 2022

He alleged that the conduct report should not have been issued because he was clearly not at fault and contested his placement in segregation. … court 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

Days Corporation v. Lippert Components Inc

District Court, N.D. Indiana · Sep 1, 2021

To qualify as “conception,” the inventor must have “a specific, settled idea, a particular solution to the problem at hand, not just a general goal or research plan he hopes to pursue.” Burroughs Wellcome Co. v. … So the evidence doesn’t clearly support August 20, 1998, September 18, 1998, or any particular earlier date as Days’ conception of the automatic leveling system.

Daugherty Speedway, Inc. v. Holcomb

District Court, N.D. Indiana · Feb 17, 2021

The governmental action here was not a physical invasion of the property and so it was clearly not a physical taking. … Based on my finding that Daugherty has failed to state a claim against Defendants, I do not need to consider the issue of whether Defendants were protected by qualified immunity. Wos v. Sheahan, 57 F.

Davidsen v. Buschert

District Court, N.D. Indiana · Aug 16, 2023

Moreover, pursuant to Bekins’s regulations—more stringent than federal requirements—Westray was qualified and competent to drive. … Buschert was a licensed and qualified truck driver. There is no evidence in the record linking his prior driving violations to this accident.

Baker v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 22, 2022

Standard for Disability Disability benefits are available only to those individuals who can establish disability under the terms of the Social Security Act. Estok v. … A claimant qualifies as disabled if he or she cannot perform such work.

Jones

District Court, N.D. Indiana · Nov 6, 2025

A claimant qualifies as disabled if he or she cannot perform such work. … Schmale’s statement persuasive, the ALJ did not otherwise qualify it.

Grain Processing Corp. v. American Maize-Products Co.

893 F. Supp. 1386 · District Court, N.D. Indiana · Jul 31, 1995

FAmp concedes that Lo-Dex 10 meets the other elements of claim 12, so infringement has been established and only damages remain to be determined. … Koppel qualified this answer by observing that the cost difference would set a cap only if the two processes produced products that buyers viewed as equivalent.

Sharp v. Commissioner of Social Security

District Court, N.D. Indiana · Aug 22, 2022

Nor does the reliance on medical texts make Plaintiff and her representatives qualified 7 to diagnose Plaintiff or to render medical opinions about her … Clearly, Plaintiff has not shown that the ALJ improperly considered Plaintiff’s allegations of subjectively disabling migraines, and Plaintiff has not shown the ALJ’s credibility finding to be patently wrong.

Miller v. Rokita

District Court, N.D. Indiana · Jul 12, 2023

immunity in their briefing, and the Court declines to raise these arguments on their behalf. … Her inability to be present during or even aware of a court proceeding clearly precludes finding Ms.

Harlow v. Hamlyn

District Court, N.D. Indiana · Dec 6, 2024

. § 1915A, the court must screen this pleading and dismiss it if it 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 from such … “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities

Lock v. Jenkins

634 F. Supp. 615 · District Court, N.D. Indiana · Mar 14, 1986

The most direct evidence of this “necessity” is the actual use of the transcript by counsel or by the court; however, it is clearly established in this circuit that the costs of a deposition may be taxed even if the witness … The plaintiffs did not challenge any of the district court’s findings of fact as clearly erroneous. The Seventh Circuit Court of Appeals affirmed in part and reversed in part.

Shorter v. Warden

District Court, N.D. Indiana · Feb 18, 2021

As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause.” Maples v. Thomas, 565 U.S. 266, 280 (2012). … We have explained that clearly established Federal law for purposes of §2254(d)(1) includes only the holdings, as opposed to the dicta, of this Court’s decisions.

RE Phelon Co., Inc. v. Wabash, Inc.

640 F. Supp. 1383 · District Court, N.D. Indiana · Jul 9, 1986

Therefore, the statement made to the examiner was clearly incorrect. Mr. … In addition, the burden of proof to establish inequitable conduct before the PTO is on the party alleging the inequitable conduct.

Blocker v. Commissioner of Social Security

District Court, N.D. Indiana · Jun 14, 2021

Clearly, the ALJ should have discussed off-task time, absenteeism, and a sit-stand option in the RFC analysis because the limitations were credibly established by the evidence and the VE produced evidence favorable to the … Clearly, remand is warranted on the issues relating to the ALJ’s evaluation of Dr.

The Evolutionary Level Above Human, Inc. v. Havel

District Court, N.D. Indiana · Feb 27, 2024

“A party moving to compel production carries the initial burden of establishing, with specificity, that the requested documents are relevant.” Greenbank v. Great Am. … Any disputes that remain unresolved must be clearly delineated on the parties’ status report.

Cunningham v. Rea Magnet Wire Company, Inc.

District Court, N.D. Indiana · Aug 25, 2022

department than Foster and “could do every job in the office,” but he conceded that Rea viewed Foster as more qualified than him. … Cunningham Establishes a Prima Facie Case Cunningham easily establishes the first three elements of a prima facie case of age discrimination.

Prohosky v. Prudential Ins. Co. of America

584 F. Supp. 1337 · District Court, N.D. Indiana · Mar 28, 1984

We hold that the trial court’s judgment awarding damages is directly opposite the correct conclusion, clearly erroneous, and contrary to law. … Accordingly, it significantly modifies the common law as established in Wiggins. Further, the statute establishes a duty on well owners in the area to comply with DNR guidelines.