Case law

In re Fedex Ground Package System, Inc.

273 F.R.D. 424 · District Court, N.D. Indiana · Mar 25, 2008

To establish a violation of the FMLA, a driver will have to establish that (1) the driver was eligible for the FMLA’s protections (in other words, an employee), (2) FedEx Ground was covered by the FMLA, (3) the driver was … Industrial Comm’n, 123 Ill.App.3d 1096 , 80 Ill.Dec. 421 , 465 N.E.2d 533, 536-537 (1984), the court noted that the agreement (an equipment lease) “clearly plaee[d] the right to control in” the hiring party, but still went

Yoder v. Dolgencorp, LLC

District Court, N.D. Indiana · Nov 21, 2024

“[M]otions to strike are disfavored and will generally be denied unless the portion of the pleading at issue is clearly prejudicial and of no possible relevance to the controversy at issue.” Mayberry v. … As this Court has previously stated, “these ‘equitable’ affirmative defenses must be pled with the specific elements to establish the defense or at least some direct or influential allegations as to each element of the

Detterline v. Commissioner of Social Security

District Court, N.D. Indiana · Oct 21, 2019

Stein, 294 F.3d 885, 893 (7th Cir. 2002) (parties to an administrative proceeding must satisfy the ALJ that their experts are qualified). … Clearly, remand is necessary so the ALJ may subject Plaintiff’s most recent MRI demonstrating spinal cord compromise to medical expert scrutiny.

Branscomb v. Wal-Mart Stores East, LP

District Court, N.D. Indiana · Aug 5, 2020

“it is not clearly obvious . . . that a store manager’s failure to act constitutes participation, authorization, or direction.” Id. … Wal-Mart is incorporated in Delaware, so this Court will look to Delaware corporate law to determine who qualifies as a corporate officer. Title 8, Section 142 of the Delaware Code addresses corporate officers.

Interlogic Outsourcing, Inc. v. OneSource Virtual, Inc.

District Court, N.D. Indiana · Aug 11, 2023

The court isn’t a law office established for legal advice—the federal judiciary decides cases, not hypothetical outcomes. … The $10,000 figure is clearly a payment schedule for customer services, not technical and support fees.

Wilson v. Johnson

District Court, N.D. Indiana · Nov 20, 2023

Additionally, whether the allegations establish actual knowledge or whether the defendant’s response to known acts was clearly unreasonable so as to permit an inference of deliberate indifference, may be decided on a motion … Second, in seeking to establish knowledge, “it is not enough the misconduct is reported to any employee.

1st Source Bank v. Zerteck Inc

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

The complaint clearly identifies the contracts in question as BNRV’s agreements to purchase the 21 RVs. [DE 111 at ¶¶34, 37.] … Although an established course of dealing or course of performance may “give particular meaning to and supplement or qualify terms of an agreement,” it does not constitute the agreement. I.C. §26-1-1-205(4).

DirectBuy, Inc. v. Buy Direct, LLC

District Court, N.D. Indiana · Mar 8, 2022

The Purchase Agreement clearly demonstrates an intent by the parties thereto to negate successor liability for the purchasing company. It states, among other things, that CSC Generation, Inc. … the sale”); In re Trans World Airlines, Inc., 322 F.3d 283, 290 (3d Cir. 2003) (holding that § 363(f) asset sale extinguished rights under an EEOC settlement of class-wide employment-related claims because those claims qualified

Ray

District Court, N.D. Indiana · Feb 23, 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 … While an error clearly occurred, it is unclear that the error was caused by anyone on the review committee.

Tompulis v. Commissioner of Social Security

District Court, N.D. Indiana · Jul 10, 2020

Clearly, Dr. Parks, Plaintiff’s treating psychiatrist, is an acceptable medical source. Pyles v. … Plaintiff contends that the ALJ was not permitted to ignore those qualifying statements about Plaintiff’s difficulties standing when volunteering.

Boddie v. Morales

District Court, N.D. Indiana · Feb 18, 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 … He also claims that after the Criminal Conversion charges were dropped on May 2, 2017, “probable cause was never established . . .

Jacquay v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 14, 2022

Clearly, not all issues of “concentration” or “pace” can be resolved by making tasks simpler. See, e.g., Varga v. … Nonetheless, “[a]n award of benefits is appropriate . . . only if all factual issues involved in the entitlement determination have been resolved and the resulting record supports only one conclusion—that the applicant qualifies

Wright v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 30, 2022

Eventually, high blood sugar levels can lead to disorders of the circulatory, nervous, and immune systems. … App’x 190, 193 (7th Cir. 2020), and this argument clearly fits into that category.

Ralev v. Robinson

District Court, N.D. Indiana · Mar 26, 2021

Pursuant to Rule 702: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion … Pursuant to Federal Rule of Evidence 701, in turn, a lay witness may offer opinion testimony that is “(a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to

Hollins v. Church Church Hittle + Antrim

District Court, N.D. Indiana · Jul 7, 2023

The personal notice and opt-out requirements of Rule 23(b)(3) will also protect the interests of those who will qualify as class members. … A debt collector threatening legal action which it has no intention to pursue is clearly conduct prohibited by the FDCPA. Cuenca v. Harris & Harris, Ltd., No. 16-CV-05385, 2017 WL 1196922, at *2 (N.D. Ill.

Orange v. United States Steel Corporation

District Court, N.D. Indiana · Mar 30, 2022

Some of the items on Orange’s list of complaints may not qualify as an adverse employment action. … An aggrieved employee must at least report—clearly and directly—nonobvious policy violations troubling him so that supervisors may intervene.”

Emery v. Commissioner of Social Security

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

Plaintiff established treatment with Dr. Renfroe as his new primary care physician. (Tr. 448). … The regulations expressly note that “Federal or State agency medical or psychological consultants are highly qualified and experts in Social Security disability 17

Eidenier v. Commissioner of Social Security

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

DISABILITY STANDARD To be eligible for disability benefits, a claimant must establish that he suffers from a “disability,” which is defined as an inability to engage in any substantial gainful … this approach: [I]t does not take much knowledge of job markets to know that, while certain jobs may exist in large numbers (for example, a “pizza baker,” DOT 313.381-014, who “prepares and bakes pizza pies”), others clearly

Malloch v. Indiana Attorney General

District Court, N.D. Indiana · Dec 3, 2024

He has not established grounds to set aside his procedural default. … As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause” to set aside a procedural default. Maples v. Thomas, 565 U.S. 266, 280 (2012).

Heraeus Medical GMBH v. Biomet, Inc.

District Court, N.D. Indiana · Sep 10, 2021

Second, Petitioners must establish that they will use the requested discovery in a proceeding before a foreign or international tribunal. … (ii) qualified persons taking testimony . . . (iii) technical experts and their staff who are employed for purposes of this litigation . . .