Case law

VIRGIL v. EQUIFAX INFORMATION SERVICES, LLC

District Court, S.D. Indiana · Sep 30, 2025

Thus, to establish a violation of § 1681e(b) here, Mr. … Virgil has failed to establish any entitlement to emotional damages.

BOISVERT v. BISIGNANO

District Court, S.D. Indiana · Jun 26, 2025

"A Rule 59(e) motion can be granted 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." … As Michael emphasizes in his response brief, "Defendant does not provide any narrative explanation as to how the ALJ was qualified to decide functional limitations based on his consideration of evidence that the 'A1c was

Ahnert v. Delco Electronics Corp.

982 F. Supp. 1320 · District Court, S.D. Indiana · Oct 22, 1997

Chevron Oil recommends three factors be considered in determining whether to apply a rule prospectively: (1) whether the announced rule will “establish a new principle of law, either by overruling clear past precedent on … International Union and Local 292 acted, together to each discriminate against the Employees in order to interfere with ,the full attainment of the rights of the Employees, and similarly situated employees, under their qualified

SCHMITZ v. MARION COUNTY BOARD OF ELECTIONS

District Court, S.D. Indiana · Sep 5, 2019

However, Defendant Lawson contends that Plaintiffs have an adequate remedy at law, and all Defendants argue that Plaintiffs cannot establish any likelihood of success on the merits. … Voters in Indiana are intelligent and capable, and the Court is confident that if the State had clearly asked people to list their “voter registration address” when signing the CAN-44, it would have been much likelier to

DUPONT WATER COMPANY INC. v. CITY OF MADISON, INDIANA

District Court, S.D. Indiana · Sep 30, 2025

Under these definitions, the Jail would clearly be a "government user" not an "industrial user." … To establish a violation of § 1926, a plaintiff must show that (1) it is rural water association within the meaning of the statute; (2) it has a qualifying outstanding loan obligation; (3) it has provided or made service

United States v. Vaccarella

735 F. Supp. 1421 · District Court, S.D. Indiana · Apr 24, 1990

Purdy establishes no such rule. … For the same reason, the fact that both Zintgraff and Vaccarella had nominal check-signing authority cannot alone establish that they were "responsible" persons. 5 .

BAKER v. AISIN USA MFG. (SEYMOUR) WORLD HEADQUARTERS

District Court, S.D. Indiana · Jul 7, 2020

Baker's work absence, which does not qualify for FMLA protection. [Filing No. 25 at 7.] Aisin and Mr. Lang argue that because Mr. … Baker cannot establish an entitlement to FMLA benefits because incarceration unrelated to a health condition does not qualify for FMLA leave. [Filing No. 25 at 11.] They argue that, because Mr.

HURT v. VANTLIN

District Court, S.D. Indiana · Feb 6, 2020

(noting that interlocutory appeal was appropriate because if defendant were to succeed on interlocutory appeal, “the issue of sovereign immunity will be removed from the case”). … In short, while the parties clearly have a difference of opinion on these issues, and while it does not appear that the Seventh Circuit has opined on the issues, there also does not appear to be a “substantial likelihood

SHEPARD v. WASTE MANAGEMENT OF INDIANA, INC.

District Court, S.D. Indiana · Oct 18, 2021

One of the "Qualifying Questions" on the application was the following: "If offered this position would you be able to obtain Class A or B commercial driver's license and valid medical certificate." … However, the next line clearly contemplates that a "specific posting" for a position under this job description could require a CDL.

MORRISON v. CHILDREN'S BUREAU, INC.

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

Morrison's December 11 written warning clearly provides that, unless she provided CBI with her permanent license by December 31, 2019, she would be terminated. Id. Ms. … With regard to Defendants' contention that such verbal complaints do not qualify as statutorily protected activity, the case law does not support their position as "even an informal or verbal complaint may qualify as protected

CROWLEY

District Court, S.D. Indiana · Dec 30, 2025

Sessions, 872 F.3d 976, 982 (9th Cir. 2017) ("[T]he burden is on the non-citizen to 'establish to the satisfaction of the Immigration Judge . . . that he or she does not present a danger to persons or property, is not … As the Seventh Circuit recently explained regarding the same argument, "while a noncitizen arrested in the Midwest might qualify as 'an alien present in the United States who had not been admitted,' § 1225(a)(1), the mandatory

Save Valley, Inc. v. United States Environmental Protection Agency

223 F. Supp. 2d 997 · District Court, S.D. Indiana · Sep 17, 2002

To require them to wait until the EPA deemed it appropriate to make a response under 40 C.F.R § 123.64 (whenever that might be) would clearly frustrate performance under the citizen suit provision. … An AFO also qualifies as a CAFO if it contains between 300 and 1000 animal units and discharges pollutants through a man-made structure or into any waters that run through the facility or come into direct contact with the

ENGLAND v. JACKSON COUNTY PUBLIC LIBRARY

District Court, S.D. Indiana · Mar 31, 2022

The cases cited by JCPL to support its argument all featured conduct that was clearly outside of the bounds of normal library activities. … Each featured clearly disruptive and socially non-acceptable behavior which is not present in this case.

WATSON v. MANGAS GLOBAL SOLUTIONS, INC.

District Court, S.D. Indiana · Apr 22, 2021

Watson located a home that would accept a Section 8 Choice Voucher, and she contacted Senator Ford and Defendant Damien Center about using a voucher that she claimed to qualify for. Id. at 1– 3, 5. Ms. … "To demonstrate a procedural due process violation of a property right, the plaintiff must establish that there is (1) a cognizable property interest; (2) a deprivation of that property interest; and (3) a denial of due

QUINN v. WARDEN

District Court, S.D. Indiana · Apr 21, 2020

It is the petitioner’s “burden to establish both [elements].” Socha v. Boughton, 763 F.3d 674, 683 (7th Cir. 2015). Mr. … Quinn’s petition was filed beyond the expiration of the one-year statutory limitations period and that he failed to prove that he qualified for equitable tolling.

Bowe v. Colgate-Palmolive Co.

443 F. Supp. 696 · District Court, S.D. Indiana · Dec 30, 1977

With the Sellers group and Colgate clearly at opposite poles on the back pay issue, the matter came on for evidentiary hearing and oral argument on April 16, 1974. … Plaintiffs’ counsel clearly demonstrated their legal ability by emerging successfully in this complicated civil rights action.

Braddock v. Madison County, Ind.

34 F. Supp. 2d 1098 · District Court, S.D. Indiana · Nov 30, 1998

Indiana has established a system of governmental checks and balances that divides authority over the administration of the courts in Madison County. … Thompson, 133 F.3d 1063, 1064 (7th Cir.1998) (assuming Seminole Tribe bars such claims so long as state has not waived Eleventh Amendment immunity).

STANT USA CORP. v. FACTORY MUTUAL INSURANCE COMPANY

District Court, S.D. Indiana · Feb 3, 2022

Stant's customers' locations qualify as contingent time element locations under this provision.3 See id. at 79. … Thus, the Policy clearly links "physical loss or damage of the type insured" with the repair or replacement of that property.

MURPHY v. COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION

District Court, S.D. Indiana · Sep 20, 2021

At screening, the Court held that Indiana had not waived sovereign immunity as to damages claims under RLUIPA, so any official-capacity claims for compensatory damages were barred. Dkt. 3 at 2. … Murphy said "clearly states" how to slaughter meats and which meats to eat and not to eat, Mr.

ROSS v. FEDEX FREIGHT

District Court, S.D. Indiana · Sep 21, 2021

limitations of an otherwise qualified individual with a disability who is an applicant or employee.'" … Indiana courts use a rigorous standard to establish extreme or outrageous conduct. Westminster, 992 N.E.2d at 870.