Case law

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.

Shaw v. Beacon Health System, Inc.

District Court, N.D. Indiana · Jul 19, 2019

She is a senior manager in charge of a nursing division for Beacon and thus would clearly have knowledge on the subject. … So, what does “qualified individual” mean?

Stork v. Commissioner of Social Security

District Court, N.D. Indiana · Apr 5, 2022

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.

Bauer v. Shepard

634 F. Supp. 2d 912 · District Court, N.D. Indiana · Jul 7, 2009

Judicial candidates may clearly express their views on legal and political issues without fear of being sanctioned by judicial or legal ethics authorities for doing so. … Clearly, a statement indicating that a candidate will rule in a particular way violates the “commitment” clause and the “promises” clause.

MercAsia USA, LTD v. Zhu

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

The Court finds summary judgment on infringement is inappropriate, as a material dispute of fact remains: whether several identified potential ports qualify as air ports. … In the Northern District of Indiana, the claims are construed in a process governed by Local Patent Rule 4-1, “which is designed to clearly establish the claims at issue early in the litigation.” See Days Corp. v.

Vasquez v. Steiner Enterprises Inc

District Court, N.D. Indiana · Oct 1, 2020

To defeat summary judgment by establishing a genuine dispute of fact, the non- moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” … To establish a prima facie case of race or age discrimination in the form of failure to hire, a plaintiff must offer evidence that: (1) he is a member of a protected class; (2) that he applied and was qualified for an open

Sutton v. Warden

District Court, N.D. Indiana · May 17, 2022

Sutton does not clearly assert any valid basis to excuse procedural default in the petition or traverse. … 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.

Orr v. Carter

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

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 … CBT is a type of talk therapy that “helps you become aware of inaccurate or negative thinking so you can view challenging situations more clearly and respond to them in a more effective way.” https://www.mayoclinic.org/

Instituto Mexicano del Seguro Social v. Zimmer Biomet Holdings Inc

District Court, N.D. Indiana · Jan 5, 2021

To find an alternative forum inadequate, the court must conclude that “the remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it is no remedy at all.” … title to or ownership of property acquired through the commission of an offence established in accordance with this Convention” or “to order those who have committed offences established in accordance with this Convention

Snyder v. Mercedes-Benz USA, LLC

District Court, N.D. Indiana · Aug 11, 2022

the Release were ambiguous as to claims for attorney fees and costs, Plaintiffs cannot succeed on those claims as a matter of law because they cannot meet the prevailing party requirement of the applicable statutes to qualify … Jayco posits that even as a non-signatory to the Release, the terms of the Release applied thereby releasing it from any liability for Plaintiffs’ claims, which clearly arise from their experiences with the RV.

Reiber v. Mathew

271 F. Supp. 3d 968 · District Court, N.D. Indiana · Sep 25, 2017

Mathew and the Amended Com-' plaint fails to establish the necessary elements for a respondeat superior theory that would impute liability to the corporate defendants. Id., p. 8. … In Barnett, the court held that an employer whose employee’s authorized duties included determining whether individuals qualified for public aid could not be held liable for that employee’s sexual assault of a client because

Wilmington Trust, National Association v. 410 South Main Street LLC

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

While the Balance Statement is clearly in writing, which satisfies the first element under the ILLA, it fails to satisfy the second and third elements. … Each missed payment qualified as an Event of Default under the terms of the Note. (DE 48-1 at 11; DE 48-2 at 83–84.)

Alderson v. Ferrellgas, Inc.

127 F. Supp. 3d 937 · District Court, N.D. Indiana · Aug 31, 2015

She argues that “[tjhis immediate response from HR clearly evidences a causal connection between the two. … But “personal preference is not sufficient to establish an adverse action ...

Schuler v. Commissioner of Social Security

District Court, N.D. Indiana · Aug 26, 2022

[b]ut a diagnosis alone does not establish the existence of an impairment.”) (citing Weaver v. Berryhill, 746 F. … On remand, the ALJ must account for Plaintiff’s migraines in the RFC, or clearly explain why they do not need to be accounted for. III.

Winters v. Hendrix

District Court, N.D. Indiana · Mar 13, 2024

See Reed, 178 F.3d at 855 (where inmate complained about severe deprivations but was ignored, he established a “prototypical case of deliberate indifference.”). … He does not clearly allege how this policy caused his injury, and instead his amended complaint describes failings by Dr. Wala and the other staff members who evaluated him.

Wayne v. Superior Air-Ground Ambulance Service Inc

District Court, N.D. Indiana · Sep 22, 2023

A few weeks later, Wayne claims she learned via email that she was “left out of a serious employee disciplinary matter” that “was clearly part of [her] duties and role.” … In that distinct procedural context, the Seventh Circuit reaffirmed that an outright denial of benefits is not necessary to establish a triable interference claim.

Fidishin v. Gary Community School Corporation

District Court, N.D. Indiana · Feb 2, 2022

Moore “very clearly said that [the Plaintiff] had mismanaged the ESL program in front of everybody and said, therefore, Ms. Bowman-Beckwith will be taking responsibility for that.” Id. at 95:5–9. Dr. … Gordon’s work history, the Plaintiff provides no evidence that she was more qualified than Mr. Gordon or Dr. Pruitt to oversee transportation and security.

Stillwater of Crown Point Homeowner's Ass'n v. Stiglich

999 F. Supp. 2d 1111 · District Court, N.D. Indiana · Feb 26, 2014

Given the opportunity to present the supporting evidence that will clearly illustrate my position.” (Def. Resp., p. 2). … Stiglich discharged pollutants; (3) from a point source; (4) into streams or wetlands that qualify as jurisdictional “waters of the United States;” (5) without a permit or other statutory authorization for such discharge

Molina

District Court, N.D. Indiana · Mar 10, 2026

Texas, 597 U.S. 785, 787 (2022) (noting the Supreme Court “has repeatedly observed that the word ‘may’ clearly connotes discretion”) (cleaned up); Gonzalez v. … The second factor considers whether Congress has established a timetable for the agency’s action to “supply content” to the rule of reason. TRAC, 750 F.2d at 80.

Pratt Logistics, LLC v. United Transport Inc

District Court, N.D. Indiana · Mar 10, 2022

Considering this definition, United argues that “most of [these words] are clearly inapplicable to the facts as pled.” [DE 58 at 13.] … If “the Plaintiff can’t establish conversion, it necessarily can’t establish theft either.” 14 Dillinger, LLC v.