Case law

Korty v. Indiana University Health, Inc.

District Court, N.D. Indiana · Dec 21, 2022

Reagin was well qualified for the position. He had worked as a nurse, as well as an Associate Administrator at IUH Frankfort Hospital for over two years, with staff management and leadership responsibilities. Id. … This clearly provides another factor other than sex that justifies Reagin’s pay rate. According to Korty’s subjective belief, Reagin’s qualifications were not superior to hers. [DE 35 at 19.]

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.

Scott v. Commissioner of Social Security

District Court, N.D. Indiana · Jan 4, 2023

Plaintiff contends that the ALJ was not qualified to determine that Dr. Bangura’s findings were “essentially normal”. Plaintiff points out that Dr. Bangura’s exam findings were not “essentially normal” as Dr. … Clearly, the ALJ needed to more carefully consider Dr. Bangura’s opinion pursuant to the regulatory requirements. Garcia v.

Powell v. Commissioner of Social Security

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

Clearly, the ALJ’s conclusion is not supported by a logical bridge. Furthermore, Dr. … The ALJ was not qualified to assess the above evidence in the domain of Plaintiff’s ability to adapt and manage himself without expert input.

Browne v. Equifax Information Services LLC

District Court, N.D. Indiana · Jul 23, 2024

All else being equal, having a derogatory notation (such as an unpaid past-due debt) on a credit report can make obtaining credit or qualifying for a lease or loan more difficult. … While Indiana has established a counselor-patient privilege, see Ind.

Foster v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 19, 2022

Second, if an underlying impairment that could reasonably be expected to produce the symptoms is established, the ALJ must evaluate “the intensity and persistence of those symptoms to determine the extent to which the … Colvin, 812 F.3d 1121, 1125 (7th Cir. 2016) (finding that the ALJ was not “qualified or authorized” to interpret the medical data).

CraneTech, Inc. v. Slack

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

The problem here is that the limiting phrase “targeted prospective customer” does not clearly define the class of persons with whom contact is prohibited. … In so doing, the Seventh Circuit rejected the idea that the employees’ violations of restrictive covenants invariably qualify as irreparable harm to the former employer. Id. at 618.

VanHoosier v. Franciscan Alliance Inc

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

However, the undisputed evidence of record establishes that their compensation was set by established policies. … As discussed in detail above in the context of the Plaintiff’s FMLA interference claim, the undisputed evidence establishes that Rynearson’s and the Plaintiff’s compensation were set by established policies.

Hartsock v. Indiana Dept of Corr

District Court, N.D. Indiana · Feb 21, 2023

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 … Where, as here, a case is at the pleading stage, the plaintiff must clearly allege facts demonstrating each element.” Spokeo, Inc. v.

Otero v. Indiana Harbor Belt Railroad Co.

District Court, N.D. Indiana · Mar 30, 2023

The proponent of expert testimony must establish its admissibility by a preponderance of the evidence. Varlen Corp. v. Liberty Mut. Ins. Co., 924 F.3d 456, 459 (7th Cir. 2019). … He has trained, supervised, and qualified hundreds of engineers, switchmen, and conductors.

Burgos v. Commissioner of Social Security

District Court, N.D. Indiana · Dec 20, 2021

Yet the Commissioner fails to recognize that the ALJ was not qualified to interpret this subsequent evidence either. Myles v. … Clearly, the ALJ never considered the limitations Plaintiff experienced while performing activities of daily living. Moss v.

Donald v. Outlaw

District Court, N.D. Indiana · Aug 6, 2019

The Seventh Circuit held that the Department had not waived its sovereign immunity in state court, so the district court lacked “jurisdiction to compel the delivery of the [requested information] once … Further, the relevant documents may be covered by the law enforcement privilege, requiring a careful review and the balancing of multiple factors in considering whether to assert a qualified privilege.

Gray v. Warden

District Court, N.D. Indiana · Sep 18, 2024

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. … Though Gray was not convicted of cocaine possession in Case No. 49G06-0804-FC-74432, this case remained pending at the time of sentencing, and the cocaine possession likely qualified as a probation violation.

Sparks v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 17, 2023

Likewise, the ALJ clearly considered Dr. Gupta’s opinion a medical opinion under the rules, and the Court is limited to the analysis presented by the ALJ. Phillips v. Astrue, 413 F. … Gupta’s report qualifies as a medical opinion. As previously discussed, Dr. Gupta conducted a consultative examination upon referral from the Disability Determination Bureau. Dr.

Phillips v. Lorrison

District Court, N.D. Indiana · Oct 22, 2019

The Court presumes this sentence is Lorrison’s attempt to argue that Phillips’ Complaint fails to establish one or more of the elements of his claim (whatever that may be). … The plaintiff has the burden to establish jurisdiction by competent proof. Sapperstein v. Hager, 188 F.3d 852, 855-56 (7th Cir. 1999).

Albright v. Commissioner of Social Security

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

The Seventh Circuit Court of Appeals has not clearly defined what counts as a significant number of jobs. In Primm v. Saul, 789 F. … See Brace, 970 F.3d at 821-23 (remanding where VE testimony did not clearly establish the method used, and counsel objected based on Alaura).

Johnson v. Commissioner of Social Security

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

Disability Standard To qualify for DIB, a claimant must be “disabled” as defined under the Act. … App’x 579, 583 (7th Cir. 2009) (finding that 15,000 jobs was significant and referencing precedent finding that even 1,400 jobs can qualify as significant). Although Ms.

Perry v. Bath & Body Works, LLC

993 F. Supp. 2d 883 · District Court, N.D. Indiana · Jan 28, 2014

If Perry establishes a prima facie case, then BBW must provide a legitimate, non-retaliatory reason for the adverse action under the burden-shifting framework established by the Supreme Court in McDonnell Douglas Corp. v. … Nevertheless, the Act was clearly *898 intended to provide such protection.

Govan v. Warden

District Court, N.D. Indiana · Nov 15, 2022

To Govan’s point, the forensic report was not admitted into evidence at trial and may technically qualify as “new evidence.” … 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.

Sheckles v. Warden

District Court, N.D. Indiana · Nov 6, 2023

The court concluded that he did not establish deficient performance or prejudice. Id. … As a general rule, errors by post-conviction counsel do not qualify as cause to set aside a procedural default. Maples v. Thomas, 565 U.S. 266, 280 (2012).