Case law

Willis v. Commissioner of Social Security

District Court, N.D. Indiana · Jul 1, 2022

A claimant qualifies as disabled if he or she cannot perform such work. … Courts have clearly held that such a general statement without further explanation is not sufficient under the prior caselaw or the relevant updated regulations.

Chavez v. Commissioner of Social Security

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

Clearly, the ALJ did not ignore evidence or overemphasize Plaintiff’s activities. … Plaintiff contends that the ALJ “is not qualified to discuss muscular atrophy and no medical source is given for their assertions on the condition” (Pl. Br. 17).

McQuay v. Reagle

District Court, N.D. Indiana · Jan 16, 2024

upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. … “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to 8 Of note, an infirmary is distinct from the general population in that it understandably

Bolton

District Court, N.D. Indiana · Jan 30, 2026

“[A]n employee’s complaint does not immunize him from being subsequently disciplined or terminated for inappropriate workplace behavior.” Id. … General Motors asserts the defense of truth and qualified privilege.

Giger v. Warden

District Court, N.D. Indiana · Jul 20, 2020

Joseph Circuit Court but abandoned on appeal do not qualify under the Martinez exception, and the court will not further consider them. … 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.

O'Connor v. Corps of Engineers, United States Army

801 F. Supp. 185 · District Court, N.D. Indiana · Jun 30, 1992

And, where a dredge-and-fill permit application does not concern a water dependent project, the Corps is to assume that practicable alternatives exist, unless the applicant “clearly demonstrates otherwise.” 40 C.F.R. § 230.10 … Plaintiff’s argument is based on the following interpretations of 33 C.F.R. § 330.5 (a)(26) and § 330.8, the CWA regulations that establish the nationwide 26 permit program and the Corps’ discretionary authority to both *

Frasier

District Court, N.D. Indiana · May 1, 2026

However, these are one-time examinations, and no treating relationship was established. … Johnson’s surgical opinion clearly reflect that Frasier experienced further left hip degeneration and increased pain later in the relevant period. See Abbott v. Astrue, 391 F.

Burgess v. Commissioner of Social Security

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

Plaintiff argues that the record clearly shows that Plaintiff’s pain management treatment has not been limited to “conservative care.” … Fischer also indicated that he was simply not qualified to evaluate CRPS and its related symptoms including pain. When asked if he was familiar with CRPS, Dr.

Jamone Williams v. Quality Correctional Care, LLC, Nurse Tessa Lehman, Nurse Jeanie Herman, Nurse Jacqueline Ryan, Nurse Kelly Studebaker, Nurse Janice Gilbert, Mikhail Galperin MD, and Allen County Sheriff Troy Hershberger

District Court, N.D. Indiana · Mar 20, 2026

The Plaintiff also does not establish that Dr. … Without such a statement by a qualified expert, there is no basis for establishing that MRSA caused the need for the Plaintiff’s amputation. See United States v.

May v. Carriage, Inc.

688 F. Supp. 408 · District Court, N.D. Indiana · Jul 11, 1988

This court must defer to the PTO decision because deference is “due to a qualified government agency presumed to have properly done its job....” American Hoist & Derrick Co. v. … The examiner’s allowance of that claim and those which depend from it was clearly erroneous.

Bartole v. Indiana State of

District Court, N.D. Indiana · Aug 15, 2024

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 … In reviewing a motion for alteration or revocation of bail, credible hearsay evidence is admissible to establish good cause.” Ind. Code. § 35-33-8-5.

Copeland v. Wabash County, Indiana

District Court, N.D. Indiana · Sep 16, 2020

Second, the Defendants argue that the Plaintiffs’ proof falls short of establishing commonality. [DE 14 at 10]. … Second, Plaintiff's counsel must be qualified, experienced, and able to effectively conduct the litigation.

Laggner v. Commissioner of Social Security

District Court, N.D. Indiana · Nov 2, 2021

A claimant qualifies as disabled if he or she cannot perform such work. … Laggner fails to point to is any objective evidence establishing the existence of traumatic brain injury.

Winters v. Hendrix

District Court, N.D. Indiana · Nov 13, 2023

. § 1915A, I 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 relief … Mere disagreement between the prisoner and medical staff, or even between two medical professionals, is generally not enough to establish an Eighth Amendment violation. Lockett v.

Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.

260 F. Supp. 3d 988 · District Court, N.D. Indiana · May 12, 2017

A state environmental protection agency’s substantial involvement in a cleanup can also establish compliance with the NCP. NutraSweet Co. v. … Here, however, contamination had clearly been identified at the site prior to the Phase I assessment, as Valbruna bid on the site knowing it would be sold under a remediation agreement with IDEM.

Fultz v. Indiana State of

District Court, N.D. Indiana · Nov 17, 2020

While the policy clearly indicates that an offender should follow up a lack of a response to an initial grievance with a notification and instructs that a lack of a response after an investigation is to be treated as a … The subsequent silence on the part of the prison qualifies as a lack of response to properly filed grievances in a manner that forecloses the availability of administrative remedies for Mr. Fultz.

Donley v. Commissioner of Social Security

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

An impairment that manifests only some of the criteria will not qualify, no matter its severity. Id. … While Cain’s notes are not the only factor in assessing the opinion, the ALJ could properly observe that the absence of notes clearly indicating that Plaintiff was not capable of going to work – as opposed to general complaints

Irish 4 Reproductive Health v. United States Department of Health and Human Services

District Court, N.D. Indiana · Jan 16, 2020

Certain religiously affiliated employers and universities (like Notre Dame) that didn’t qualify for the house-of-worship exemption objected to having to include coverage for contraception in their insurance plans. [Am. … The test under the Establishment Clause, as first articulated in Lemon v.

Hartsock v. Indiana Dept of Corr

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

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 … We held that, quite apart from the state of mind required to establish the underlying constitutional violation—in that case, a violation of due process—a plaintiff seeking to establish municipal liability

Wilder v. Sheriff

District Court, N.D. Indiana · Nov 13, 2023

The trial court’s judgment imposed in 2012 clearly stated that his sentence would run “consecutive” to the sentence imposed in the #1125 case. See State v. Wilder, 52C01-0008-CF-67 (Miami Cir. Ct. … Pierce, 617 F.3d 947, 950 (7th Cir. 2010) (describing types of state court collateral review procedures that qualify for tolling under 28 U.S.C. § 2244(d)(2)); Littles v.