Case law

Opinions from 1658 to today.

Filtersinnd

1,515 results

1.10s

  • Turner v. Heckler

    592 F. Supp. 599 · District Court, N.D. Indiana · Aug 28, 1984

    Under Titles II and XVI of the Social Security Act benefits are paid to individuals who establish their “disability” under the Act. … The language emphasized clearly shows that the Seventh Circuit meant to adopt a medical improvement standard.

    Cited 5 timesPublished
  • Harris v. St Joseph Superior Court

    District Court, N.D. Indiana · Oct 18, 2022

    Harris cannot proceed against Judge Hardkte because judges are immune from suit. A judge has absolute immunity for any judicial actions unless the judge acted in absence of all jurisdiction. Polzin v. … Harris has raised claims that lack merit or that are not explained in detail and clearly supported with relevant facts.

    Cited 0 timesUnknown
  • Benson v. Fort Wayne City of

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

    “A public official defendant is entitled to qualified immunity unless two disqualifying criteria are met. … The right to be free from a gratuitous beating following arrest was clearly established by 2016.

    Cited 0 timesUnknown
  • Ben-Yisrayl v. Davis

    277 F. Supp. 2d 898 · District Court, N.D. Indiana · Jul 23, 2003

    established precedents, or was based upon an unreasonable determination of the facts. … The court went on to explain that a decision by a state court is “contrary to” our clearly established law if it “applies a rule that contradicts the governing law set forth in our cases or if it confronts a set of facts

    Cited 4 timesPublished
  • Mathis v. United States

    917 F. Supp. 595 · District Court, N.D. Indiana · Feb 21, 1996

    “Clearly, the estate’s entitlement to a QTIP deduction is not meant to be abrogated simply because making a partial election for a separate interest in the property, i.e., not making a full election as to all interest in … be added to a trust which did not qualify for QTIP treatment. 15 F.3d at 781 .

    Cited 0 timesPublished
  • Community Bank, FSB v. Stevens Financial Corp.

    966 F. Supp. 775 · District Court, N.D. Indiana · Jun 2, 1997

    As a result, as set forth above, HomeSide qualifies as the send *783 er or originator of the payment order. … On the second scenario, the payment order from HomeSide to Community Bank does not qualify because the order was clearly sent for Stevens Financial’s benefit and Stevens was the only beneficiary entitled to receive the payment

    Cited 5 timesPublished
  • Canen v. U.S. Bank National Ass'n

    913 F. Supp. 2d 657 · District Court, N.D. Indiana · Dec 14, 2012

    The Canens essentially claim that the Defendants misrepresented their ability to qualify for and repay their loan, and I have no idea what the Defendants could do to “make good” on that (alleged) misstatement. … I read these two 2006 decisions as establishing the following rule: when a bankruptcy proceeding is open, - standing principles operate to bar a debtor from pursuing a pre-bankruptcy claim.

    Cited 6 timesPublished
  • Mudica v. McBride

    District Court, N.D. Indiana · Mar 11, 2022

    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 from such relief … interpreters, which qualified as a services and/or activities).

    Cited 0 timesUnknown
  • The Trustees of Purdue University v. Vintage Brand, LLC

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

    Magic Touch GmbH, 124 F.3d at 882 (“[T]rademark rights are clearly analogous to property interests.”) “Trademark law, like contract law, confers private rights, which are themselves rights of exclusion.” … Va. 2011) (citing In re Creative Goldsmiths of Washington, D.C., Inc., 119 F.3d 1140, 1148 (4th Cir. 1997) (emphasizing that “well-established principles of sovereign immunity dictate that this waiver be narrowly

    Cited 0 timesUnknown
  • Johnson v. Noland

    District Court, N.D. Indiana · Feb 24, 2025

    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 … Johnson has not identified any document that qualifies as legal mail.

    Cited 0 timesUnknown
  • Greenfield Mills, Inc. v. O'BANNON

    189 F. Supp. 2d 893 · District Court, N.D. Indiana · Mar 11, 2002

    The first, § 402, establishes the National Pollutant Discharge Elimination System (NPDES). 33 U.S.C. § 1342 . … Thus, this court finds none of these facts aids the Plaintiffs in establishing more than negligent conduct.

    Cited 0 timesPublished
  • Khalif Abdul Mateen v. L. Smith, et al.

    District Court, N.D. Indiana · Jan 28, 2026

    Hill, 472 U.S. 3 Of note, “for any term of solitary confinement lasting more than days but less than years, qualified immunity will often apply to claims for damages. … However, because qualified immunity is an affirmative defense, this question is best left to a later stage of the litigation. 445, 455 (1985).

    Cited 0 timesUnknown
  • Collins

    District Court, N.D. Indiana · Mar 31, 2026

    This would mean he financially qualifies to proceed in forma pauperis. But that is of no moment here because reviewing Collins’s allegations liberally, his complaint must be dismissed. … And nothing in the complaint establishes that any of the Defendants are subject to personal 2 See https://www.uscourts.gov/sites/default/files/document/poverty-guidelines.pdf (150% Poverty Guideline table).

    Cited 0 timesUnknown
  • Tinsley v. General Motors Corp.

    622 F. Supp. 1547 · District Court, N.D. Indiana · Dec 6, 1985

    benefit plan also provides for Extended Disability benefits of 60% of “monthly base salary” from the time the Sickness and Accident benefits expire until the employee reaches age sixty-five provided the employee is medically qualified … These two points clearly establish that Tinsley’s interpretation of the Handbook and the various benefit formulae is incorrect, and that GM’s interpretation is consistent with the Handbook and the plan.

    Cited 4 timesPublished
  • Eaton Corp. v. Appliance Valves Corp.

    526 F. Supp. 1172 · District Court, N.D. Indiana · Nov 25, 1981

    The Restatement of Torts, Section 757, comment b (1939) clearly reflects the importances of this requirement. … The reasoning underlying this rule was clearly set forth in Continental Car-Na-Var Corp. v.

    Cited 27 timesPublished
  • Garner v. McDermott

    District Court, N.D. Indiana · Nov 18, 2021

    Garner’s financial information establishes that he is qualified to file without payment of the fee, but his complaint does not pass muster when subjected to the associated review of its merits. … (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.”

    Cited 0 timesUnknown
  • Barr v. St. John, The Town of

    District Court, N.D. Indiana · Jul 24, 2024

    12] on qualified immunity grounds.” … Barr argues that it would be premature to dismiss his claims on the grounds of qualified immunity.

    Cited 0 timesUnknown
  • Imhoff v. KMart Stores of Indiana, Inc.

    149 F. Supp. 2d 559 · District Court, N.D. Indiana · May 25, 2001

    Under this approach, for a failure to promote claim, Imhoff must first establish a prima facie case, by showing that: (1) she is a member of a protected class; (2) she applied for and was qualified for a job for which the … With no personal or professional disrespect intended, it is clearly apparent that counsel for both Plaintiff and Defendants in this case are prime candidates for deep reality therapy.

    Cited 2 timesPublished
  • Cunningham v. Foresters Fin. Servs., Inc.

    300 F. Supp. 3d 1004 · District Court, N.D. Indiana · Jan 9, 2018

    You have been qualified for a plan that will never expire and premiums that will never go up. Press 1 now. There are no medical exams for this coverage and you can be insured as early as tonight." ( Id. , ¶ 79.) … Requiring more would make defendants "virtually immune to TCPA claims, which clearly is not what was intended by Congress in creating the TCPA." Mauer , 2016 WL 4651395 , at *4 (citation omitted).

    Cited 15 timesPublished
  • Royer v. Elkhart City of

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

    “To establish a violation of Title II of the ADA, the plaintiff must prove that he is a qualified individual with a disability, that he was denied the benefits of the services, programs, or activities of a public entity … The Moving Defendants do not raise an argument concerning whether Royer is a qualified individual with a disability.

    Cited 0 timesUnknown

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.