Case law

Armes v. Noble County Sheriff Department

215 F. Supp. 2d 1008 · District Court, N.D. Indiana · Aug 6, 2002

To establish a genuine issue of fact, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” … While it could be argued that the Plaintiff should return to the Noble County Superior Court, Small Claims Division to have the prior judgment set aside, that is unnecessary where, such as here, it is *1016 clearly established

Shelter Mutual Insurance Company v. Djankovich

District Court, N.D. Indiana · Jul 31, 2020

Shelter’s evidence establishes, as a matter of law, that the insurance policies at issue do not provide coverage for the claims asserted in the underlying lawsuit, Shelter is not obligated to defend Djuro Djankovich in the … In other words, if the pleadings demonstrate that “a claim is clearly excluded under the policy, then no defense is required.” Id.

Bradley v. Brown

852 F. Supp. 690 · District Court, N.D. Indiana · May 17, 1994

Expert testimony is admissible where: (1) the witness is qualified as an expert, (2) the testimony reflects “scientific, technical, or other specialized knowledge,” and, (3) such testimony “will assist the trier of fact to … Nancy Fiedler, Clement Maccia, and Howard Kipen, Evaluation of Chemically Sensitive Patients, JOM vol. 34, no. 5 at 529 (May 1992) [Ex. 34], Thus, plaintiffs’ own evidence clearly establishes that the “science” of MCS’s etiology

Fleming v. Galipeau

District Court, N.D. Indiana · Jun 28, 2021

He hasn’t established a due process violation. Mr. Fleming further contends he was found guilty without any evidence of his guilt. But there is some evidence. … This is equally true of his inability to qualify for a reduction in his sentence.

Lorek v. Lorek

District Court, N.D. Indiana · Mar 31, 2021

Lorek’s motion to dismiss and an opportunity for a hearing to establish that the dismissal be with prejudice due to Mr. Lorek’s persistent bad-faith conduct. … The Supreme Court found that “[t]he words ‘unless the debtor may be a debtor under such chapter’ expressly conditioned [the debtor’s] right to convert on his ability to qualify as a “debtor” under Chapter 13.” Id.

North American Van Lines, Inc. v. Interstate Commerce Commission

386 F. Supp. 665 · District Court, N.D. Indiana · Dec 5, 1974

These are clearly decisions for which responsibility must lie with the ICC. … “Jurisdiction” in this sense means that the asserted claim is clearly insufficient.

Giza v. Arnold

District Court, N.D. Indiana · Aug 3, 2022

Giza has not clearly alleged a physical injury as a result of the two fires, and ultimately he will not be able to recover for mental distress caused by the fires if he did not suffer any physical injury. … No more is necessary to establish deliberate indifference[.]”); Billman v.

Richards

District Court, N.D. Indiana · Sep 4, 2026

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 … Richards clearly suffers from very serious medical conditions, but the Constitution does not mandate that he be restored to good health – something that seems unlikely given Richards’ condition.

Martin v. Commissioner of Social Security

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

The ALJ did not establish a logical bridge between the evidence and her credibility finding. This in turn means she did not establish a logical bridge in her RFC analysis which downplayed or omitted Mr. … The ALJ’s analysis does not clearly provide such acknowledgements. The ALJ noted Mr.

Vidhi, LLC v. Arch Insurance Company

District Court, N.D. Indiana · Aug 13, 2019

Hatfield may not qualify as impartial under the Appraisal Provision. … To establish Mr.

Ferraro v. Humphrey

242 F. Supp. 3d 732 · District Court, N.D. Indiana · Mar 17, 2017

Accordingly, the Plaintiff cannot invoke the doctrine of collateral estoppel to establish liability for ANSC, Masco, and Old Republic. 3. … Insured means any person or organization qualifying as an insured in the Who is An Insured provision of the application coverage.

Kozma v. Medtronic, Inc.

925 F. Supp. 602 · District Court, N.D. Indiana · Apr 30, 1996

The application is referred to a panel of qualified experts who study the device and recommend its approval or disapproval. 21 U.S.C. § 360e(c)(2). … Mitchell clearly negates this argument.

Augustine

District Court, N.D. Indiana · Nov 3, 2025

John Police to know that he was autistic at the time of the arrest and Plaintiff has established no such facts. See Lacy v. … The issue of indemnification is not ripe until liability is established. 6 The Court notes that St.

Gillam v. Neal

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

The court must review the 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 … Gillam neither specifically asks for injunctive relief, nor clearly allege that he believes himself to be in danger at present.3 He hasn’t alleged a plausible Eighth Amendment claim against any defendant.

Strauss v. United States Postal Service

District Court, N.D. Indiana · Jul 23, 2021

He further alleges that, by doing so, “Defendant YouTube LLC’s conduct deprived [the Plaintiff] of his rights, privileges, and immunities guaranteed by the First Amendment of the United States Constitution in violation … The Court need not assess these arguments, as Count V is clearly deficient on its face.

Zimmerman v. St Joseph County of

District Court, N.D. Indiana · May 19, 2021

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 … “Legal mail” is a term of art, however, and refers to mail to or from the inmate’s legal counsel that is clearly identified as such; this type of mail may not be opened outside the presence of the inmate. Kaufman v.

Trueblood v. Anderson

156 F. Supp. 2d 1056 · District Court, N.D. Indiana · Jul 30, 2001

established Federal law, as determined by the Supreme Court of the United States,” or (2) “involved an unreasonable application of ... clearly established Federal law, as determined by the Supreme Court of the United States … Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) “qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’ ” Williams, 120 S.Ct. at 1512 .

Bledson v. United States

District Court, N.D. Indiana · Nov 1, 2022

So Bledson misreads Ruth when he argues that the decision establishes that his Illinois conviction does not qualify as a career offender predicate under 6 … Bledson’s motion clearly relies on Ruth in support of his argument that his Illinois Unlawful Possession conviction does not qualify as a career offender predicate under the Guidelines. [DE 46-1 at 1, 2.]

Cencelewski v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 26, 2019

Plaintiff suffers from post-traumatic stress disorder (“PTSD”), memory loss, repressed immune system, sleep apnea, gastrointestinal problems, back pain, joint soreness, and high cholesterol. … Additionally, the ALJ does not explain clearly how the limitations opined by Dr. Rabin exceed the isolated work and positive supervisor limitations.

Lile v. Tippecanoe County Jail

844 F. Supp. 1301 · District Court, N.D. Indiana · Feb 28, 1992

State or Territory or the Dis *1306 trict of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Because the evidence fails to show that any of those defendants were personally involved in the fire incident, they are clearly entitled to judgment as a matter of law on this issue.