Case law

FREEMAN v. OCWEN LOAN SERVICING, INC.

District Court, S.D. Indiana · Jul 5, 2023

The Seventh Circuit has clearly and unequivocally stated, The plaintiff "must establish standing at the time suit is filed and cannot manufacture standing afterwards." Pollack v. … And finally, the Supreme Court has clearly stated, "While the proof required to establish standing increases as the suit proceeds, the standing inquiry remains focused on whether the party invoking jurisdiction had the

LANTERI v. CREDIT PROTECTION ASSOCIATION, L.P.

District Court, S.D. Indiana · Jun 15, 2020

Lanteri argues that Defendants cannot establish the bona fide error defense as a matter of law because they do not identify any "error." Instead, Ms. … The third category of cases involves communications that are "plainly deceptive" or "clearly misleading on their face." Id. at 801.

LANGE

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

"A Rule 59(e) 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 jury's verdict was clearly not tainted by these purported improper influences. 2.

ALBRECHT v. WARDEN

District Court, S.D. Indiana · Mar 28, 2024

Second, that the officer who conducted the forensic interview did not establish the 12-year-old boy's credibility. Id. at 9-10. … relief unless the state court's adjudication of a federal claim on the merits: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly

QUALITY LEASING CO., INC v. FORDE TRUCKING INC.

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

Citizens does not dispute that the check in question qualifies as an "instrument" under the statutes. Citizens also does not dispute that it was the payor bank regarding the check. (ECF No. 34 at 10.) … Under Indiana law, "[t]he first step in interpreting a statute is to determine whether the Legislature has spoken clearly and unambiguously on the point in question. . . .

SHERROD v. ALLISON TRANSMISSION, INC.

District Court, S.D. Indiana · Mar 29, 2021

Under the ADA, Sherrod must meet the threshold question of establishing whether she is a "qualified individual with a disability" through evidence that she is disabled within the meaning of the ADA and is qualified to perform … But her bald allegations rely solely on speculation or conjec- ture, clearly missing the mark she needs to defeat summary judgment on this issue. See McCoy v. Harrison, 341 F.3d 600, 604 (7th Cir. 2003).

ALI v. IDOC EMPLOYEES

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

Ali has not established, as a matter of law, that he suffered from an objectively serious medical condition, his motion for summary judgment must be denied as to Officer Richey. … App'x 8 The Court notes that Officer Richey does not argue that he is entitled to qualified immunity, thereby waiving the argument for purposes of summary judgment.

JOSE ALEJANDRO v. FORESTAL

District Court, S.D. Indiana · Oct 11, 2025

The removable status of an alien, standing alone, does not qualify. Id. at 691–92. Respondents, nevertheless, contend that "detention alone is not an irreparable injury." Dkt. 15 at 2. … So, based on the facts and circumstances presented in this case, protracted civil detention clearly threatens irreparable harm to Mr. Alejandro.

AL-AWADI v. United States

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

He explained that not every image of a nude minor qualifies as lascivious and that images with “some type of artistic, scientific, or documentative value” do not qualify. Id. at 201:23–202:11. … Al-Awadi’s claim of ineffective assistance of appellate counsel fails because he has failed to establish that his argument about the Court’s decision to admit the title of the Reddit page is “clearly stronger” than the

DECKER v. LAMMER

District Court, S.D. Indiana · May 19, 2023

To receive relief under Rule 59(e), the moving party "must clearly establish (1) that the court committed manifest error of law or fact, or (2) that newly discovered evidence precluded entry of judgment." … Edgewood, 733 F.3d at 770; see Glaus, 408 F.3d at 387 (noting that while the Supreme Court "has left the door open for habeas corpus claims challenging prison conditions, it has never found anything that qualified.").

United States v. Board of School Commissioners of Indianapolis

368 F. Supp. 1191 · District Court, S.D. Indiana · Jul 20, 1973

Those who testified to the contrary tended to qualify their opinions, and in some instances the facts presented by such witnesses simply did not support their conclusions. For example, Dr. … the General Assembly’s seeming lack of attention to the problem to date, as the Court has no reason to doubt that the able members of that body will do their sworn duty to support the Constitution, once that duty is more clearly

CROSBY v. KALLIS

District Court, S.D. Indiana · Sep 12, 2024

Crosby's complaint does not clearly indicate which named defendant(s) he wants to sue for these claims. Liberally construed, however, Mr. Crosby may be alleging that P.A. … In other words, consistent with Ziglar and Egbert, the Court concludes that Congress has established alternative remedial structures for claims such as Mr.

ANANIAS v. ST. VINCENT MEDICAL GROUP, INC. d/b/a ASCENSION MEDICAL GROUP - INDIANA

District Court, S.D. Indiana · Dec 19, 2022

Certain harms, such as physical or monetary injury, readily qualify as concrete. TransUnion LLC v. Ramirez, 141 S. Ct. 2190, 2204 (2021). … The right to practice religion is well established and highly litigated in the United States.

STRINGHAM v. CARMEL CLAY SCHOOLS

District Court, S.D. Indiana · Jan 4, 2024

This Court cannot say that the evidence, when viewed as a whole, demonstrates that the conclusions reached by the Board are clearly erroneous. See id. at *6. … Section 23, the privileges and immunities provision, states: "The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to

MULRYAN v. RICS SOFTWARE, INC.

District Court, S.D. Indiana · May 26, 2021

"Once a plaintiff has established a prima facie case, the defendant must identify a legitimate non- discriminatory reason for its employment decision. … This evidence need not be obvious to qualify as direct evidence.

MILLER v. MADISON COUNTY BOARD OF COMMISSIONERS

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

Miller's sex discrimination claim clearly does not arise out of conduct alleged in her EEOC Charge. At no point prior to her Response to the County's Motion for Summary Judgment does Ms. … Miller cannot establish causation. In order for her retaliation claim to succeed, Ms.

JACKSON v. DELAWARE COUNTY SHERIFF'S DEPARTMENT

District Court, S.D. Indiana · Feb 5, 2020

This statement clearly connected the plaintiff’s termination to his political ambitions, so the retaliation claim survived summary judgment. Here, Mr. … To establish disability discrimination, Mr.

AMERICAN FAMILY MUTUAL INSURANCE COMPANY v. C.

District Court, S.D. Indiana · May 10, 2022

Upon careful consideration of the various policy provisions and the applicable case law, we find that American Family has met its burden to establish that the Sexual Molestation Exclusion unambiguously excludes coverage … For these reasons, we hold that the Sexual Molestation Exclusion clearly and unambiguously excludes coverage for the negligence claim alleged against Ms.

PRICE v. PUTNAMVILLE CORRECTIONAL FACILITY

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

It is the defendant's burden to establish that the administrative process was available to the plaintiff. See Thomas v. … The Court notes that the Ramirez used the qualifier "arguably cured" and expressly stated that it "need not definitively resolve the issue." 142 S. Ct. at 1276.

BEAVER, JR. v. UNITED STATES POSTAL SERVICE

District Court, S.D. Indiana · Jun 10, 2022

Beaver has not established that his failure to obtain an affidavit or testimony from Mr. … Beaver after he returned from FMLA leave arose out of retaliatory motives, he has failed to establish that he was subjected to the type of intolerable working conditions the Seventh Circuit law has required to establish