Case law

Brazier v. United States

District Court, N.D. Indiana · May 14, 2025

Applying the categorical approach, carjacking as charged in Count One qualifies as a “crime of violence” as defined by § 924(c).”). Same with domestic battery in the presence of a child. … Feb. 21, 2024) (“Clearly, based on this documented propensity for breaching the law, including by the aggravated unlawful use of a weapon, Defendant is not beyond the reach of Congress’ ability to rationally bar Second

Himan v. Thor Industries, Inc.

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

Beck given the evidence before it because the Defendants have failed to establish that Ms. … Beck’s KCPA claim and damages stem from her allegation that the Defendants’ failure to inform her of the axle defect leading up to and “at the time of sale” qualifies as “a fraudulent omission under the KCPA.”

D.D.M. v. School City of Hammond

District Court, N.D. Indiana · Nov 19, 2020

Thus, the Plaintiff found qualified, nearby counsel that offered to provide free legal services; the Defendant has not rebutted the presumption in favor of travel time by establishing that other, qualified counsel, even … But none of these entries are vague; all clearly relate to the case at issue, and the Court approves all of them.

Van Dusen v. Commissioner of Social Security

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

The Social Security regulations contain a five-step test to ascertain whether the claimant has established a disability. 20 C.F.R. §§ 404.1520, 416.920. … Further, “every effort must be made to secure evidence that resolves the issue as clearly as circumstances permit.” Kuykendall v. Astrue, No. 1:08-CV-0162-LJM-DML, 2009 WL 3872040, at *4 (S.D. Ind. Nov. 18, 2009).

Doman v. Heartland Recreational Vehicles, LLC

District Court, N.D. Indiana · Oct 12, 2023

This can occur when the complaint includes “facts that establish an impenetrable defense to its claims.” Epstein v. Epstein, 843 F.3d 1147, 1150 (7th Cir. 2016). … Therefore, the fire qualifies as an unexpected circumstance in which the limited remedy may fail of its essential purpose.

Varga v. Commissioner of Social Security

District Court, N.D. Indiana · Dec 6, 2021

DISABILITY STANDARD To be eligible for disability benefits, a claimant must establish that she suffers from a “disability,” which is defined as an inability to engage in any substantial gainful … The Commissioner argues that the records clearly show only mild degenerative changes, and that Plaintiff has not shown why they need expert interpretation.

Atlantic Casualty Insurance Company v. Right Way Auto Sales LLC

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

Not just any lawsuit that relates to potential liability issues arising out of a particular incident qualifies. … Nevertheless, under the doctrine of abstention, in “the exceptional circumstances where the order to the parties to repair to the state court would clearly serve an important countervailing interest,” a district court

Walter v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 16, 2023

Disability Standard To qualify for DIB and SSI, a claimant must be “disabled” as defined under the Act. … Likewise, while no threshold for significance has been established, the 82,5000 jobs identified for Mr.

Resnick v. United States

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

First, although counsel could have made the argument more clearly, counsel did argue that this evidence was admissible to show that the boys only accused Resnick because they were caught in a sexual act and K.M.’s mother … unpersuasive” the argument that counsel should have objected based on evolving law in other jurisdictions where the law in this Circuit was unsettled; “failure to anticipate a change or advancement in the law does not qualify

Ray v. Raj Bedi Revocable Trust

District Court, N.D. Indiana · Mar 11, 2020

Ray and the C.F.B. entities have not established a prerequisite to this type of Burford abstention. Cf. … United States, 424 U.S. 800 (1976) (establishing normal rule); Freed v. J.P.

Eastgate Investments II, LLC v. MW Builders, Inc.

District Court, N.D. Indiana · Mar 29, 2023

“Indiana law clearly favors contractual choice-of-law … provisions and presume[s] that contracts represent the freely bargained agreement of the parties.” St. Paul Travelers Cos., Inc. v. … But the court found no ambiguity from this broad definition, explaining that “the sentence containing that language begins with qualifying language indicating that it is ‘[t]he aggrieved employee’ who must contact his/

Lane v. Commissioner of Social Security

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

Prior to the established disability onset date, the claimant was an individual closely approaching advanced age. … Clearly, to remand this case for further proceedings at the administrative level would be futile. This Court thus finds that a remand for benefits is appropriate.

Latitude Service Company v. Reese

District Court, N.D. Indiana · Sep 27, 2022

Co., 606 F.3d 379, 380 (7th Cir. 2010) (“The well-established general rule is that jurisdiction is determined at the time of removal, and nothing filed after removal affects jurisdiction.”). … Reese is still a shareholder, as he claims he is, the statute clearly bars him from enjoining the proceedings. See Ind. Code § 23-1-44-8; Orlando, 2013 WL 5797624 at 4 n.2; Shepard, 137 F.

Doe v. Purdue University

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

May 25, 2010) (“As a non-lawyer and as an interested party, Jurgens is not qualified to judge whether documents are relevant to the suit.”). … Perhaps most importantly, it was also clearly after the June 2020 agreement of the parties to produce the Snapchat data, and this Court’s order endorsing that agreement.

Shearer v. Thor Motor Coach, Inc.

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

It thus clearly does not demand application of Indiana law over the entire dispute. … They say over and over again that Thor engaged in deceptive practices, but they fail to lay out any sort of specific actions that qualify as unfair or deceptive under the FDUPTA.

Melchi v. Commissioner of Social Security

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

Further, as Judge Cherry also explained, “[t]here are … two separate sources of law at play regarding what qualifies as adequate VE testimony.” Id. at *12. … The ALJ also should ask the VE to clearly identify any conflicts with the DOT, and the ALJ should clearly identify the conflicts in her decision and then explain how she resolved those conflicts in accordance with SSR

Shah v. Rodino

District Court, N.D. Indiana · Sep 29, 2021

In Wehrle, the Seventh Circuit held the trial court abused its discretion by failing to qualify an individual who testified regarding the forensic-examination process as an expert.6 Id. … of legal malpractice; 4) cannot establish it is entitled to the disgorgement of attorney fees; and 5) cannot establish a claim under the CFAA.

Rubino III v. Commissioner of Social Security

District Court, N.D. Indiana · Jan 25, 2021

determination of disability because using the Medical-Vocational rules as a framework supports a finding that the claimant is “not disabled,” whether or not the claimant has transferable job skills 2 Clearly … Plaintiff argues that even though his asthma, alone, did not reach level contemplated of the Commissioner’s listing to qualify Plaintiff as presumptively disabled, that does not mean Plaintiff’s asthma symptoms did not limit

Adams v. Atlantic Richfield Company

District Court, N.D. Indiana · Sep 29, 2023

Noting that state law was not crystal clear on whether manufacturing processes that lead to toxic contamination qualify as abnormally dangerous activities, Judge Kolar was not “certain” that these plaintiffs’ strict liability … Because Ramirez, C.R., and Espinosa fail to allege facts clearly linking their general categories of alleged injuries to exposure to contaminants other than lead, any injuries allegedly caused by the introduction of those

Reed v. Commissioner of Social Security

District Court, N.D. Indiana · Jun 11, 2020

Clearly, this must be working otherwise why would Dr. Cha continue to prescribe such treatment modalities.”)]. Mr. Reed argues that this alleged inconsistency is erroneous. ECF 10 at 20. The court agrees with Mr. … Second, once the existence of a medically determinable impairment that could reasonably be expected to produce the claimant’s symptoms is established, the ALJ evaluates the intensity and persistence of the claimant’s symptoms