Case law

Ferdinand v. Commissioner of Social Security

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

A five step test has been established to determine whether a claimant is disabled. See Singleton v. Bowen, 841 F.2d 710, 711 (7th Cir. 1988); Bowen v. … The record establishes a diagnosis of hand, wrist, and finger arthralgia as well as stiffness and swelling (Tr. 794, 776, 784, 793, 802, 811, 824).

Cordle

District Court, N.D. Indiana · Jun 29, 2026

To establish liability under the Eighth Amendment, a prisoner must show: (1) his medical need was objectively serious; and (2) the defendant acted with deliberate indifference to that need. Farmer v. … A preliminary injunction is a “very far-reaching power, never to be indulged in except in a case clearly demanding it.” Cassell v. Snyders, 990 F.3d 539, 544 (7th Cir. 2021) (quoting Orr v.

Kerns v. Commissioner of Social Security

District Court, N.D. Indiana · Jul 6, 2021

Clearly, the ALJ’s errors in evaluating Plaintiff’s fibromyalgia resulted in factual and logical gaps related to the symptom evaluation and residual functional capacity assessment. … Powers because she was allegedly “not qualified to opine on the physical functioning of [Plaintiff]” and because Dr.

Walker v. Wexford

District Court, N.D. Indiana · Mar 3, 2021

However, Walker clearly alleges that Dr. Merondit performed two surgeries on him, and the court surgeries were “unsterilized,” and he suffered infections after both surgeries. Id. … The allegation that other people were present in the medical unit, and that Walker eventually developed infections, does not establish a plausible allegation that Dr.

Brooks v. Avancez

District Court, N.D. Indiana · Apr 19, 2021

Defendant has clearly met its burden of production, and Plaintiff does not argue otherwise. … (ECF No. 65-2 at 11) (noting only that the training sheet “does not explain the evaluation nor establish the method used to reach the evaluation”).

Polycon Industries Inc v. R & B Plastics Machinery, LLC

District Court, N.D. Indiana · Mar 26, 2025

R&B responds that the four months of repairs prior to May 2017 were done to aid Polycon in producing qualified, saleable bottles to Ecolab. [DE 249 at 7 n.2.] … necessary to establish the warranty period ‘cause we still need a definition of successful operation to determine when the warranty period started.”

In Re Fedex Ground Pckg. Sys., Inc., Emp. Practices Lit.

712 F. Supp. 2d 776 · District Court, N.D. Indiana · Apr 21, 2010

B-26. (3) The reengineered CRL-551 (formerly OPR-551) states that qualified drivers must have a minimum of six months driving experience (as opposed to a year) or have completed QPDL training (as instituted in 2003), and … In doing so, FedEx more clearly defined a policy and, as a result, narrowed and reduced its policy statements. D’Alesandro Dep., pp. 108-110.

Wardingley v. PQ Corporation

District Court, N.D. Indiana · Nov 4, 2022

As previously noted, I can set aside the first issue because state common-law actions qualify as “other provision[s] having the force and effect of law” under the FAAAA. … In other words, the injured party is deprived of its property without recourse or compensation, and the tortfeasor is granted “immunity from liability for their tortious conduct.” Id.

Gumwood HP Shopping Partners, L.P. v. Simon Property Group, Inc.

221 F. Supp. 3d 1033 · District Court, N.D. Indiana · Nov 22, 2016

Under that rule, a witness “who is qualified as an expert by knowledge, skill, experience, training, or education” may offer an opinion if the following criteria are met: (a) the expert’s scientific, technical, or other specialized … Plaintiffs must first establish, however, that they were injured by the defendant’s unlawful conduct, and their damages model must then measure the effect of that injury: “Once causation of damages has been established, the

Paschal v. Commissioner of Social Security

District Court, N.D. Indiana · Jun 23, 2025

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

Fry v. Ancestry.com Operations Inc.

District Court, N.D. Indiana · Mar 24, 2023

Fry does not qualify for the protection of the statute because he is not a qualifying personality, as his name and likeness have no commercial value. … In Toney, the Seventh Circuit clearly stated, “Copyright laws do not reach identity claims such as [plaintiff’s].

Busz v. Commissioner of Social Security

District Court, N.D. Indiana · Feb 7, 2022

Thus, as to DIB, he must establish that he was disabled as of that date. See Stevenson v. … Aug. 24, 2020). 14 While Busz does not specifically challenge the fingering or handling limitations assigned in the RFC, the ALJ is nonetheless encouraged upon remand to more clearly articulate

Nihiser v. Sendak

405 F. Supp. 482 · District Court, N.D. Indiana · Jun 4, 1974

It is a clearly established principle that the federal courts are charged with the primary duty of vindicating federal rights. Escalera v. … However, the court pointed out that the holding in the case did “not question or qualify in any way the principles of equity, comity, and federalism that must restrain a federal court when asked to enjoin a state court proceeding

Hayes v. Commissioner of Social Security

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

The Social Security regulations create a five-step process to determine whether the claimant qualifies as disabled. 20 C.F.R. §§ 404.1520(a)(4)(i)–(v); 416.920(a)(4)(i)– (v). … A claimant qualifies as disabled if he or she cannot perform such work.

Snow v. Commissioner of Social Security

District Court, N.D. Indiana · Dec 28, 2021

Berryhill, 887 F.3d 314, 317–18 (7th Cir. 2018) (“the ALJ was not qualified to make his own determination without the benefit of an expert opinion…he could have sought an updated medical opinion”). … Clearly, this is pure speculation.

Hecke v. Beck

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

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 … United States, 412 U.S. 521, 529–30 (1973) (noting that federal statute allowing federal officials to contract with county jails to hold federal pretrial detainees “clearly contemplated that the day-to-day operations of

Thorpe v. Commissioner of Social Security

District Court, N.D. Indiana · Feb 28, 2023

A claimant qualifies as disabled if he or she cannot perform such work. … In order to establish that his headaches are a medically determinable impairment, Mr.

Lartnec Investment Co. v. Fort Wayne-Allen Co. Convention & Tourism Authority

603 F. Supp. 1210 · District Court, N.D. Indiana · Mar 8, 1985

are dubious given the change in market conditions which the Grand Wayne Center might produce, the court, for purposes of these motions, accepts as true that Lartnec will suffer some loss of competitive advantage so as to qualify … Clearly, Lartnec’s interests fall outside the zone of interests to be protected by this statute. Thus, the court finds that Lartnec does not have standing to assert either of its claims against the City in No. F 84-163.

Ninth Ave. Remedial Group v. Allis-Chalmers Corp.

195 B.R. 716 · District Court, N.D. Indiana · Apr 19, 1996

Clearly, this' Court could consider the previous orders of another federal court when deciding a motion to dismiss. … The courts have not defined “free and clear of any interest in such property” under 11 U.S.C. section 363 (f) clearly. 2 Daniel R.

Baker v. Warden

District Court, N.D. Indiana · Mar 22, 2021

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. … It likened the expiration of a limitations period to a form of amnesty and reasoned that the new statute imposed punishment for conduct that was, in essence, immunized from punishment by the passage of time