Case law

Grimmway Enterprises Inc v. B & B Organics Inc

District Court, N.D. Indiana · Mar 25, 2020

Boynton had the requisite involvement or control over the PACA trust assets to establish a fiduciary duty and therefore, has not established that he is personally liable for the past-due invoices. … Terry’s declaration clearly demonstrates that others were involved in management of B & B Organics, Ms.

Belcher

District Court, N.D. Indiana · Feb 11, 2026

Although the plaintiff attempted to carve out an exception under the “work-for-hire” definition, the Court found “the Agreement clearly states that all materials created under the Agreement are property of Amylin.” … Accordingly, IC has satisfied the first prong of the test— the work qualifies as the kind that Belcher was employed to perform.

Rouse v. Commissioner of Social Security

District Court, N.D. Indiana · Jan 25, 2022

An impairment that manifests only some of the criteria will not qualify, no matter its severity. Id. … Clearly, not every problem adjusting to change is a result of disability.

Duis v. Franciscan Alliance Inc.

District Court, N.D. Indiana · Jul 29, 2022

There are clearly two accounts of what is going on here, and the jury is going to have to sort out who it believes. See, e.g., Eggleston v. South Bend Cmty. Sch. Corp., 858 F.Supp. 841, 852 (N.D. … An employee need not mention the FMLA by name; in fact, all that is required is that the employee provide the employer with enough information to put the employer on notice that FMLA-qualifying leave is needed.”

Morrison v. Fifth Third Bank

District Court, N.D. Indiana · Jun 16, 2021

She expresses concern that she did not get the position even though she felt she was qualified for it. Id. … (ECF No. 48-2), p. 12 (internal page number 199). 5 Morrison clearly misspoke here.

Hammond City of v. ASARCO Master Inc

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

A creditor qualifies as “reasonably ascertainable” if the debtor could uncover the creditor's claim and identity using “reasonably diligent efforts.” Id. at 778. … Affirming the district court, the Seventh Circuit held that the district court’s finding of constructive knowledge was not “clearly erroneous” and that “[o]ur national environmental policy does not permit a commercial

Krontz v. Commissioner of Social Security

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

He noted that Plaintiff “was diagnosed with HIV/AIDS in 2004 and carries a formal diagnosis of AIDS which means his immune system has suffered significant distortion. … Plaintiff notes that the ALJ clearly acknowledged additional impairment resulting in additional limitation beyond that acknowledged by the non-examining physicians in light of her limitation to provide for a sit/stand option

Jones v. Warden

District Court, N.D. Indiana · May 11, 2021

As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause.” Maples v. Thomas, 565 U.S. 266, 280 (2012). … 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.

MercAsia USA, LTD v. Zhu

District Court, N.D. Indiana · Mar 24, 2022

The new motion must explain with required specificity why the documents qualify for under-seal filing given the Seventh Circuit’s standards. See Malibu Media, LLC v. Harrison, 2014 WL 127604, at *3 (S.D. Ind. … First, MercAsia clearly alleges that Mr.

Barringer v. GE Aviation Systems North America LLC

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

This holistic approach is clearly applied by Barringer, as he cites Johnson, 892 F.3d at 894 (stating “[e]vidence must be considered as a whole, rather than asking whether any particular piece of evidence proves the case … Constructive Discharge As noted above, a constructive discharge can also qualify as an adverse employment action. Wince, 66 F.4th at 1043.

Benchik v. Indiana Family and Social Services Administration

District Court, N.D. Indiana · Jan 31, 2023

[Benchik Dep. 55:3-58:13; Inman Dep. 27:7-30:19]. 4 Although the appraisal “requested” this further extension of the working test period, no party designated any facts clearly establishing that … Plastag Holdings, LLC, 489 F.3d 9 Under McDonnell Douglas, a plaintiff must establish a prima facie case by showing he (1) belongs to a protected class, (2) was qualified for the job, (3) suffered an adverse employment

Gump v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 9, 2020

Moreover, the Seventh Circuit reiterated that “[a]n ALJ may not conclude, without medical input, that a claimant’s most recent MRI results are ‘consistent’ with the ALJ’s conclusions about her impairments” and “ALJ was not qualified … As Plaintiff contends, the record clearly supports at least some difficulty with Plaintiff’s hands.

McGrath v. Dunecrest Condominium Association

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

The parties do not dispute the reasonableness of the McGraths’ proposed accommodation or that Plaintiffs Tim McGrath and Martin McGrath qualify as handicapped under the FHA because they are autistic. … Here, the McGraths’ only relevant argument is that voting Association member Michael Hernandez’s “reliance on a clearly inapplicable bylaw creates an inference that his claimed reliance thereon was pretext and, combined

Lutz v. Commissioner of Social Security

District Court, N.D. Indiana · Jan 23, 2020

He was confused sometimes, felt depressed, and did not think clearly (Tr. 226). … The rationale must follow an orderly pattern and show clearly how specific evidence leads to a conclusion.” SSR 82-62.

Phillips v. Redkey Town Board

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

Phillips fails to even allege, let alone establish, a basis for subject matter jurisdiction in this Court and the case must be dismissed. … A sister court, dealing with a recalcitrant litigant, held as follows: [T]he court concludes that Smith’s conduct in filing numerous unfocused complaints with overlapping, duplicative claims qualifies as vexatious.

Rhaburn v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 13, 2022

(AR 24-25).3 This was a string citation, so the ALJ presumably did not mean that each page separately established each of those conclusions. … Given the conflicting medical evidence described above, the record does not clearly show that Plaintiff is disabled, so the Court remands without awarding benefits.

Putz v. Commissioner of Social Security

District Court, N.D. Indiana · May 29, 2020

It is well established that the burden of proving entitlement to disability insurance benefits is on the plaintiff. See Jeralds v. Richardson, 445 F.2d 36 (7th Cir. 1971); Kutchman v. … This distinction is an important one, since the mere absence of detailed treatment notes, without more, is “insufficient grounds for disbelieving the evidence of a qualified professional.” Herrmann v.

Graham v. Coca-Cola Consolidated

District Court, N.D. Indiana · Oct 27, 2021

Graham filed a motion to strike certain documents, though she doesn’t clearly articulate what she is seeking to have stricken. These motions are now ripe for review. … Moeller in Human Resources told her that she didn’t qualify for the Coke Hardship Program. She says “she repeatedly tried for a month but, to no avail” [ECF 1- 1].

Surfrider Foundation The v. United States Steel Corporation

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

Second, in the alternative, the Plaintiffs’ claims are sufficiently similar to the governmental entities’ claims to qualify for res judicata. … In doing so, the Court clearly meant compliance in the sense that FMR I used that term which means an end to the violations. 432 F.3d at 764 (“Compliance means an end to violations”) (emphasis added).5 Given the Court previously

Schnelker v. Commissioner of Social Security

District Court, N.D. Indiana · Jul 12, 2022

Ind. 2004) (“The regulations, and this Circuit, clearly recognize that reviewing physicians . . . are experts in their field and the ALJ is entitled to rely on their expertise.”). … “The Seventh Circuit has not affirmatively established the threshold for the number of jobs in the national economy that qualifies as significant.” John C. v.