Case law

Carrico v. Board of Commissioners of St. Joseph County

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

In other words, a plaintiff “must establish that a conspiracy, or an understanding, to violate the plaintiff’s constitutional rights existed between the public and private actors.” Stagman v. … First, the second amended complaint clearly states the parties to the alleged conspiracy (Wruble and Shabazz).

Janusz Zastawnik v. Thor Motor Coach, Inc.

District Court, N.D. Indiana · Sep 20, 2024

Zastawnik had identified no statute or judicial decision clearly establishing that “enforcement of the forum-selection clause would contravene a strong [California] public policy . . . .” [DE 21 at 4 (citing Yei A. … Again, Thor did not qualify the term “those allegations” anyway in its transfer motion or its counsel’s declaration.

Howard v. Warden

District Court, N.D. Indiana · Feb 25, 2025

Howard objected that the State had failed to establish a sufficient chain of custody to introduce the letter into evidence. … 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); see also Coleman v.

Thomas v. United States

District Court, N.D. Indiana · Jan 3, 2022

Oct. 18, 2021) (“An expert need not have particular academic credentials to be qualified.”). … First, the recordings of Thomas’s statements can clearly come in under the hearsay exclusion for opposing party statements.

Culp v. Reed

District Court, N.D. Indiana · Jan 27, 2023

Co., 629 F.3d 639, 643 (7th Cir. 2010) (explaining that “when there is no obvious origin to an injury and it has multiple potential etiologies, expert testimony is necessary to establish causation”); Moody v. … Barkhaus would be qualified to testify on Mr. Culp’s lost earnings,2 some of the conclusions in his report go beyond the subjects he is qualified to opine on.

Griffith

District Court, N.D. Indiana · Nov 17, 2025

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. … Griffith cannot prevail on this suppression claim because he cannot show that the State courts’ decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the

Grand Design RV LLC v. THOR Industries Inc

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

Judge Gotsch ultimately found that Grand Design failed to establish that the conversations between Mr. Cramer and the Grand Design attorneys triggered attorney-client privilege. … Cramer shared actually qualified as confidential information and also demonstrates that Mr. Cramer was not operating under any binding confidentiality agreement.

Arbuckle

District Court, N.D. Indiana · May 12, 2026

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 … In the prison context, written requests for interviews and/or grievances clearly constitute First Amendment protected activity. Id.; see also Gomez v.

In Re Fedex Ground Package System, Inc., Employment Practices Litigation

758 F. Supp. 2d 638 · District Court, N.D. Indiana · Dec 13, 2010

“Where the facts clearly establish that the possible employee is the subordinate party, the relation is one of employment.” Id. at § 4(3). Factors used to determine whether the drivers are subordinate parties are: a. … There is quite a leap from having no right at all to hire assistants to saying that Louisiana holds that if a worker has a qualified right to hire, that qualified right to hire is equivalent to no right to hire.

Huizar

District Court, N.D. Indiana · Jan 7, 2026

To prove a negligent violation of the FCRA, Huizar must establish “actual damages.” 15 U.S.C. § 1681o(a)(1). … To qualify for a conventional loan, Huizar’s median credit score needed to be above 620. [DE 161-1 at 4].

Trimble

District Court, N.D. Indiana · Apr 17, 2026

In the prison context, written requests for interviews and/or grievances clearly constitute First Amendment protected activity. Id.; see also Gomez v. … Long, 482 F.3d 923, 924 (7th Cir. 2007) (collecting cases and establishing a feces and blood covered cell was inhumane).

Richards v. Warden

District Court, N.D. Indiana · Nov 29, 2024

“[A] procedural default [bars] consideration of a federal claim on either direct or habeas review [when] the last state court rendering a judgment in the case clearly and expressly states that its judgment rests on a state … 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); see also Coleman v.

McMahan v. Wilson

District Court, N.D. Indiana · Mar 14, 2025

§ 1915A, the court must screen the complaint 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 … However, he does not clearly identify the individuals to whom he directed his requests for mental health treatment, nor does he sue any member of the medical staff at the prison.

In Re Fedex Ground Package System, Inc., Employment Practices Litigation

662 F. Supp. 2d 1069 · District Court, N.D. Indiana · Jul 27, 2009

Ford Motor Credit Co., 162 Ga.App. 312 , 290 S.E.2d 487 (1982), the court of appeals cited the language FedEx notes: “ ‘Where the contract of employment clearly denominates the other party as an independent contractor, that … contractor relationship the agreement claims to establish.

Dugan v. Commissioner of Social Security

District Court, N.D. Indiana · Nov 9, 2021

“The Seventh Circuit [Court of Appeals] has not affirmatively established the threshold for 6 the number of jobs in the national economy that qualifies … Clearly not.

North American Van Lines, Inc. v. United States

412 F. Supp. 782 · District Court, N.D. Indiana · Apr 20, 1976

We are of the view that the record before us clearly demonstrates a failure to give that careful consideration to the petition of the employees for the decertification election.” 43 See also NLRB v. … force with respect to such carrier a certificate of public convenience and necessity issued by the Commission authorizing such operations . . .” 49 U.S.C. § 307 (a) provides in part: “a certificate shall be issued to any qualified

Houghton v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 20, 2022

A claimant qualifies as disabled if he or she cannot perform such work. … Such a finding would have clearly changed the outcome of his case by changing the ultimate determination in regard to Mr.

Sawaska v. Commissioner of Social Security

District Court, N.D. Indiana · May 15, 2020

Disability insurance benefits are available only to those individuals who can establish “disability” under the terms of the Social Security Act. … The Commissioner claims that the VE clearly believed that the specific jobs he identified did not require standing more thansix hours per day.

Moore v. University of Notre Dame

22 F. Supp. 2d 896 · District Court, N.D. Indiana · Sep 30, 1998

The evidence presented at trial establishes that Moore expressed a desire to work two more years and then retire. … B.). 11 Rates awarded in similar cases are clearly evidence of an attorney’s market rate. People Who Care, 90 F.3d 1307 , 1312; accord Tolentino v. Friedman, 46 F.3d 645 (7th Cir.1995).

Hustedt v. Hunter Warfield Inc

District Court, N.D. Indiana · Jan 24, 2022

Persinger is immediately distinguishable because such allegations are clearly absent here. … After admissions in Persinger’s deposition, the Seventh Circuit was left with “dignitary harm as the only allegation in Persinger’s complaint that might qualify as a concrete injury.” Id.