Case law

J.P. Ex Rel. Todd Popson v. West Clark Community Schools

230 F. Supp. 2d 910 · District Court, S.D. Indiana · Nov 19, 2002

The question of whether an approach used in any particular case “qualifies” as a sound educational practice is fact-specific. Moreover, the determination requires educational expertise. … The Court notes that it is clearly within a hearing officer’s prerogative to order minor adjustments in a student’s proposed IEP, without invalidating the whole thing.

AUGUST MACK ENVIRONMENTAL, INC. v. TRESCHOW

District Court, S.D. Indiana · Aug 14, 2023

And "[a] preliminary injunction is 'an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it.'" Cassell v. Snyders, 990 F.3d 539, 544 (7th Cir. 2021) (quoting Orr v. … In so holding, the court rejected the idea that "employees' violations of restrictive covenants[] invariably qualify as irreparable harm to the former employer." Id. at 618.

BECKETT

District Court, S.D. Indiana · Feb 26, 2026

If the moving party establishes that there is a valid arbitration agreement, the FAA provides a strong presumption that arbitration "should not be denied unless it may be said with positive assurance that the arbitration … He clearly did on three separate occasions.

Ind. State Conference of the Nat'l Ass'n for the Advancement of Colored People (NAACP) v. Lawson

326 F. Supp. 3d 646 · District Court, S.D. Indiana · Jun 8, 2018

Granting a preliminary injunction is "an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it." Roland Mach. Co. v. … The Defendants assert that Indiana has gone to great lengths to ensure that it is both actively and justifiably removing those from its rolls who are no longer qualified to vote.

Hutchison v. Wells

719 F. Supp. 1435 · District Court, S.D. Indiana · Sep 14, 1989

Absent formal judicial relief, a plaintiff must satisfy a two-part test established in Harrington v. DeVito, 656 F.2d 264, 266-67 (7th Cir.1981) to qualify as a prevailing party. … This clearly contravenes the congressional purpose of section 1988 as well as Rule 68, as discussed in the text. 17 .

MAPES v. HATCHER REAL ESTATE

District Court, S.D. Indiana · Nov 6, 2019

The motion “will be successful only where the movant clearly establishes: (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence precluded entry of judgment.” … The Plaintiffs first ask the Court to reconsider their request for assistance in recruiting counsel due to their low income, and because they are disabled individuals and “appointment of counsel would qualify as a reasonable

Wabash Valley Electric Co. v. Singleton

1 F. Supp. 106 · District Court, S.D. Indiana · Feb 26, 1932

The master heard the testimony of these engineers, as well as the testimony of all of the other witnesses, and is qualified to determine the weight and credit to be given to such testimony. … When it is recalled, in the instant case, that an amount in the sum of approximately $18,000 for this purpose is added to the sum of $84,569, the value of the physical property, it would clearly indicate that such amount

WOODEN

District Court, S.D. Indiana · May 13, 2026

Curran, 933 F.3d 816, 823 (7th Cir. 2019) (holding that the reasonableness standard established in Kingsley v. … As a practical matter, there are not enough lawyers willing and qualified to accept a pro bono assignment in every pro se case. See Watts v.

Frey v. United States Environmental Protection Agency

937 F. Supp. 2d 964 · District Court, S.D. Indiana · Mar 29, 2013

Pt. 300, republished by the EPA pursuant to Section 105 of CERCLA to cover hazardous waste sites, establishes the steps involved in formulating a remedial action plan. … As the court noted in its previous Entry on the United States’ Motion for Summary Judgment, the Seventh Circuit clearly stated that, at least with respect to operable unit one, “the citizens of Bloomington are [] entitled

COOPER v. CITY OF INDIANAPOLIS

District Court, S.D. Indiana · Feb 7, 2023

Alternatively, Defendants contend that they are immunized pursuant to common law immunity. The Court will discuss each argument in turn. A. … The danger was unspecific to Beaty and, the facts clearly illustrate, the danger was shared by all in the vicinity of downtown Indianapolis.

Kittle v. Prudential Insurance Co. of America

102 F. Supp. 2d 1029 · District Court, S.D. Indiana · Jan 19, 2000

We presume that Kittle was a member of the Union when he began working as a life insurance representative for Prudential, as neither party suggests that he was not so qualified by virtue of his employment. … If anything, the CBA provision that Prudential claims to be at issue (Article 7, Section 2), which vests Prudential with the “sole discretion” to assign territory accounts to its agents, demonstrates that Kittle’s claim clearly

CARTER

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

To establish a claim of disability discrimination under the ADA, a plaintiff must prove that: (1) he is disabled as defined by the ADA; (2) he is qualified to perform the essential functions of his job with or without … Carter could establish that his prior substance abuse disorder qualifies as a disability under the ADA, as amended by the ADAAA, and that he was qualified to perform the essential functions of his position with or without

AMERICAN COUNCIL OF THE BLIND OF INDIANA v. INDIANA ELECTION COMMISSION

District Court, S.D. Indiana · Mar 9, 2022

It is "an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it." Girl Scouts of Manitou Council, Inc. v. … Irreparable Harm Establishing a likelihood of irreparable harm "requires more than a mere possibility of harm.

United States v. Wedzeb Enterprises, Inc.

844 F. Supp. 1328 · District Court, S.D. Indiana · Feb 10, 1994

See id. at 1185 , 1990 WL 67983 at *2 (“We find that since the cinder blocks were to be disposed of at a facility, the sale was clearly ‘an arrangement for disposal’ as defined under § 107(a)(3) of CERCLA notwithstanding … Weinstein would qualify as an expert as concerns the demand of the Harry Alter Company for particular kinds of capacitors, he lacked the scientific, technical or other specialized knowledge to testify about the general marketability

Equal Employment Opportunity Commission v. Jillian's of Indianapolis, IN, Inc.

279 F. Supp. 2d 974 · District Court, S.D. Indiana · Jun 16, 2003

But if it is clear that a plaintiff will be unable to satisfy the legal requirements necessary to establish his case, summary judgment is not only appropriate, but mandated. … Our role in reviewing the conciliation process is limited so long as “the form and substance of the EEOC’s conciliation proposals” are within the agency’s discretion and, therefore, immune from judicial second-guessing.

TROWBRIDGE v. INDIANA DEPARTMENT OF CORRECTIONS

District Court, S.D. Indiana · Oct 29, 2020

"[W]ritten text in the printed matter does not qualify the printed matter as sexually explicit." Id. … The photograph clearly displays part of the fiancée's genitalia, which is expressly forbidden by the correspondence policy. See dkt. 55-4; dkt 55-7, p. 21.

Roche Diagnostics Corp. v. Medical Automation Systems, Inc.

771 F. Supp. 2d 936 · District Court, S.D. Indiana · Feb 23, 2011

However, Roche cites two qualifying events that it contends either one of which, properly construed, triggered its right of first refusal. … Clearly, the public has a significant interest in the enforcement of contracts and arbitration agreements.

American Medical Ass'n v. Heckler

606 F. Supp. 1422 · District Court, S.D. Indiana · Apr 18, 1985

. §§ 1395j-1395w, on the other hand, establishes a voluntary program of supplemental medical insurance benefits for certain medical services, including physicians’ services. … Coate and Huber will be compelled to cease providing treatment to Medicare beneficiaries” and that the physicians “have clearly alleged that they will stop treating plaintiffs unless enforcement of the freeze is halted.”

MCFARLANE v. CAROTHERS

District Court, S.D. Indiana · Sep 30, 2019

McFarlane provides no further analysis beyond asserting that this is “clearly” indicative of a widespread practice. Mr. … McFarlane explains, as of the time of briefing, discovery was still proceeding and the parties had not officially determined who else may also qualify for inclusion the class.

BIOCONVERGENCE LLC v. ATTARIWALA

District Court, S.D. Indiana · Mar 23, 2020

Singh’s contacts qualify as “purposeful direction.” Our read of Commissioning Agents leaves us convinced, as Mr. … Singh’s contacts—to wit, his refusals to act—qualify as “expressed aiming.”