Case law

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

INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION

District Court, S.D. Indiana · Sep 3, 2024

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. … Myers, 677 F.2d 1317, 1322 (9th Cir. 1982) (holding that the possibility of plaintiffs being denied Medicaid benefits sufficient to establish irreparable harm); Fishman v. Paolucci, 628 F.

INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION

District Court, S.D. Indiana · Aug 30, 2024

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. … Myers, 677 F.2d 1317, 1322 (9th Cir. 1982) (holding that the possibility of plaintiffs being denied Medicaid benefits sufficient to establish irreparable harm); Fishman v. Paolucci, 628 F.

VON DUPRIN LLC v. MORAN ELECTRIC SERVICE, INC.

District Court, S.D. Indiana · Mar 30, 2020

As the Supreme Court of the United States has explained, § 9607 and § 9613 provide two clearly distinct remedies. U.S. v. Atlantic Research Corp., 551 U.S. 128, 138 (2007). … In CERCLA, “[w]hen a court cannot assign an ideal measure of monetary responsibility to an otherwise responsible party—because, for example, that party is immune from suit, bankrupt, or defunct—this gives rise to an orphan

HUBBERT

District Court, S.D. Indiana · Dec 23, 2025

Hubbert is a qualified person due to his blindness as a disability for purposes of his ADA and Rehabilitation Act claims. Mr. … Hubbert given that he was clearly blind and could not see the screens of these devices to do anything— including access commissary and reading materials—by himself.

United States v. Board of School Commissioners of City of Indianapolis

506 F. Supp. 657 · District Court, S.D. Indiana · Jul 9, 1979

In inclement weather, busing clearly confers a benefit to health, comfort, and safety. … Hiring of IPS Teachers by Other Corporations: In acquiring additional teaching personnel for the three school years commencing with the year 1979-80, each transferee school corporation is required to make offers to qualified

CRAIG

District Court, S.D. Indiana · Aug 10, 2026

The Court excludes evidence on a motion in limine only if the evidence clearly is not admissible for any purpose. See Hawthorne Partners v. AT&T Techs., Inc., 831 F. Supp. 1398, 1400 (N.D. Ill. 1993). … The Court will not allow the Plaintiffs to introduce evidence for the purpose of establishing that any code violation establishes negligence.

DAZA v. STATE OF INDIANA

District Court, S.D. Indiana · Jan 10, 2020

Daza’s only response to this is that the older individual was not qualified to do the job, but his opinion that the older individual was not qualified is not evidence of discrimination…. … Rule 11 sanctions may be appropriate where a party asserts claims that are clearly barred. Fed. R. Civ.

ROLLS-ROYCE NORTH AMERICAN TECHNOLOGIES INC v. DYNETICS, INC.

District Court, S.D. Indiana · Jan 28, 2020

Consequently, Dynetics shall enforce its determination that LibertyWorks no longer qualifies for exclusivity under the Teaming Agreement.” (Filing No. 1-2 at 38.) … The evidence in the record establishes a timeline for Dynetics’ breach of this provision.

DUSHANE v. UNITED STATES OF AMERICA

District Court, S.D. Indiana · Sep 30, 2024

The FTCA creates a limited waiver of this immunity by permitting suits against the United States for certain personal injuries caused by federal employees. 28 U.S.C. § 1346(b)(1). … The Court concludes that Congress has established an alternative remedial structure for claims such as Mr. DuShane's, so expansion of a Bivens remedy in this context would be inappropriate.

BISIGNANO

District Court, S.D. Indiana · Jul 31, 2026

Specifically, she argues that she "clearly had lost her insurance, and her treatment options were limited." [Dkt. 10 at 22.] This argument is not entirely consistent with the record. … But by the time of her disability hearing, Claimant was receiving insurance through the Healthy Indiana Plan ("HIP"), which is Indiana's Medicaid program for qualified adults. [Dkt. 8-2 at 45.]

LEJ MANAGEMENT, LLC v. MORRIS INVEST, LLC

District Court, S.D. Indiana · Aug 28, 2020

P. 8(d) establishes a party's ability to "plead breach of an express contract, breach of an implied contract, and promissory estoppel in the alternative." CoMentis, Inc. v. … To qualify as special chattel and be subject to a conversion action, money must be a "determinate sum".

THURSTON v. KIJAKAZI

District Court, S.D. Indiana · Sep 28, 2022

Once step four is satisfied, the burden shifts to the SSA to establish that the claimant is capable of performing work in the national economy. Knight v. … She clearly had issues with attention, which he addressed in his discussion of her ability to perform simple vs. complex instructions.

RHODES v. ENHANCED RECOVERY COMPANY, LLC

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

In granting the defendant's motion for judgment on the pleadings, the district court held that Kohl's qualified as a creditor under the FDCPA because it was the entity offering credit accounts to its customers … Accordingly, because the undisputed facts before us establish that Enhanced Recovery's letter to Plaintiffs violated § 1692g(a)(2) by 3 Enhanced Recovery argues that the Seventh Circuit's ruling in Smith v.

BOSTON SCIENTIFIC CORPORATION v. COOK GROUP INCORPORATED

District Court, S.D. Indiana · Feb 2, 2023

This "unreasonable delay" inquiry is derived from established legal standards that Kunin summarized and properly relied on in his report. … In that case, the Federal Circuit affirmed the denial of lost profits damages because the district court was not clearly erroneous in finding that the patentee had failed to establish a lack of acceptable non-infringing

KENNETT TRUCK STOP, INC. v. WEISS

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

Not every regulation that decreases property value qualifies for compensation. Penn Central Transp. Co. v. New York Cty., 438 U.S. at 144. … Kennett’s complaint doesn’t clearly articulate the existence of investment-backed expectations, which points away from the existence of a regulatory taking. iii.

SALCEDO v. RN STAFF INC.

District Court, S.D. Indiana · Mar 8, 2023

Salcedo's Second Amended Complaint is clearly not, itself, a separate claim. Considered together with Ms. … Amatorio argues, for the view that threats of deportation can never qualify as "serious harm."

American Amusement MacHine Ass'n v. Kendrick

115 F. Supp. 2d 943 · District Court, S.D. Indiana · Oct 11, 2000

Plaintiffs respond that video games, at least the more elaborate games now in circulation,- qualify as protected expression under the First Amendment. … If one of the listed injuries is depicted or represented, it will qualify as graphic violence.

WEIDEKAMP v. KIJAKAZI

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

Once step four is satisfied, the burden shifts to the SSA to establish that the claimant is capable of performing work in the national economy." Knight v. Chater, 55 F.3d 309, 313 (7th Cir. 1995). … § 404.1520(a)(4) and concluded that Lisa W. was not disabled and therefore did not qualify for benefits. [Filing No. 12-2 at 32.]

TRETO

District Court, S.D. Indiana · Feb 17, 2026

If a petitioner cannot establish one of the Strickland prongs, the Court need not consider the other. Groves v. United States, 755 F.3d 588, 591 (7th Cir. 2014). … apparent from evidence concerning the crime itself, from conversation with the defendant, or from other readily available sources of information, that the defendant has some mental or other condition that would likely qualify