Case law

TAYLOR v. SAUL

District Court, S.D. Indiana · Jul 9, 2019

But, the statement in the record does not clearly establish that the Plaintiff directed Dr. Gangadhar to provide any specific assessment. Alternatively, it’s conceivable that Dr. … However, statements from sources that do not qualify as acceptable medical sources can still be significant to the evaluation of the claim.

BIOCONVERGENCE LLC v. ATTARIWALA

District Court, S.D. Indiana · Dec 18, 2019

Attariwala qualify as trade secrets. Accordingly, we turn next to assess whether Ms. … Until the evidence establishes that Ms.

AMERICAN HOME HEALTHCARE SERVICES, INC. v. FLOYD MEMORIAL HOSPITAL AND HEALTH SERVICES

District Court, S.D. Indiana · Jun 26, 2020

Most patients seeking home health services are older, and many qualify for Medicare. … American has failed to establish a relevant geographic market, or, more precisely, has failed to establish its asserted relevant geographic market—the brick and mortar structure that houses Floyd Hospital.

KNAUF INSULATION, LLC v. JOHNS MANVILLE CORPORATION

District Court, S.D. Indiana · Jun 24, 2024

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." … Not all choices qualify, though ….

BEAVERS v. BISIGNANO

District Court, S.D. Indiana · Aug 7, 2025

Additionally, when constructing the logical bridge, the ALJ must be careful not to "play the role of doctor and interpret medical evidence when he or she is not qualified to do so." Murphy v. … April argues that the ALJ overlooked evidence in the record that clearly established functional equivalence to a Listing. April points to the Ages & Stages Questionaries completed as a part of Dr.

Morgan Drive Away, Inc. v. International Brotherhood of Teamsters of America

166 F. Supp. 885 · District Court, S.D. Indiana · Oct 28, 1958

The intention of the contract is further clearly stated in paragraph two in the following: “ * * * when the Regional Director is satisfied that the terms of this agreement have been carried out by the unions, requests leave … Plaintiff is a corporation organized under and existing by virtue of the laws of the State of Indiana, and is duly qualified to transact business in Indiana and other States.

HESTON v. INTERNATIONAL MEDICAL GROUP, INC.

District Court, S.D. Indiana · Mar 24, 2021

Review of the Application, Declaration, and Master Policy, the documents that comprise the insurance contract, clearly and unambiguously establishes that the par- ties to the insurance contract are Heston and Sirius. … IMG clearly and unambiguously disclosed the identity of its principal Sirius to Heston in the Application, Certificate, and Declaration.

ROWELL v. United States

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

"An appellate counsel's performance is deficient if she fails to argue an issue that is both obvious and clearly stronger than the issues raised." Brown v. Finnan, 598 F.3d 416, 425 (7th Cir. 2010). … Because Hobbs Act robbery still qualifies as a crime of violence under the elements clause of § 924(c)(3)(B), any of the challenges Mr. Rowell contends counsel should have lodged would have been frivolous.

MAXEY v. KIJAKAZI

District Court, S.D. Indiana · Sep 16, 2022

There is no medical opinion that clearly states that she had a substantial loss of one of these basic abilities. … Moreover, the record does not establish that the ALJ's relevant finding was material.

LONG v. FRENCH

District Court, S.D. Indiana · Jan 21, 2025

"'To recover damages under § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.'" Whitfield v. … Long spent sufficient time in segregated housing to qualify as an "atypical and significant" hardship for due process purposes. Mr.

BRAVARD

District Court, S.D. Indiana · May 18, 2026

"To establish disability discrimination, [a plaintiff] must show all three of the following elements: (1) that [s]he is disabled within the meaning of the ADA, (2) that [s]he is qualified to perform the essential functions … The evidence clearly establishes that Mr. Smith directed LHH to terminate Ms.

Eli Lilly and Co. v. TEVA PHARMACEUTICALS USA

657 F. Supp. 2d 967 · District Court, S.D. Indiana · Sep 23, 2009

Schreiber confidentially disclosed to Lilly his discovery that raloxifene could be used to prevent and treat autoimmune and immune-mediated diseases such as rheumatoid arthritis and osteoporosis; 24 (2) after proposals for … As Lilly asserts, the evidence presented at trial established that Dr.

KISSEL v. KIJAKAZI

District Court, S.D. Indiana · Jun 20, 2023

Treatment notes show that the claimant had improvement in her symptoms with medication shortly after establishing mental health treatment (Exhibit 5F). … Accordingly, remand is required for the ALJ to reevaluate his subjective symptom evaluation based on an accurate reading of the record and to more clearly articulate the reasons for his conclusions. B.

MOORE v. CHAVIS

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

"Furthermore, the [July 25, 2019] Order clearly states the findings upon which [the provider] was to conduct supervised parenting time." Id. … This claim—like the § 1983 claim alleged in Count I—is clearly a direct challenge to Judge Chavis's court orders. Having concluded that all of Mr.

DASILVA v. INDIANA HOUSE OF REPRESENTATIVES

District Court, S.D. Indiana · Jun 9, 2020

He contends that the Court instructed Plaintiffs to re-file the state law claims in state court, and that "[t]he inclusion of these claims clearly contravenes the Court's Order of March 2, 2020 and violates the spirit and … the Court decided in its discretion not to exercise supplemental jurisdiction over the state law claims in the absence of 5 In its March 2, 2020 Order, the Court noted that Attorney General Hill would be entitled to immunity

BEYERS v. LIBERTY MUTUAL INSURANCE

District Court, S.D. Indiana · Mar 19, 2021

The court excludes evidence on a motion in limine only if the evidence clearly is not admissible for any purposes. See Hawthorne Partners v. AT&T Technologies, Inc., 831 F. Supp. 1398, 1400 (N.D. Ill. 1993). … Defendants argue that "Poland is not qualified to opine on roofing practices." (Filing No. 110 at 13.)

CLYBURN

District Court, S.D. Indiana · Jul 14, 2026

Mistakes of law, carelessness, and ignorance are not enough to qualify for relief under Rule 60(b)(1). See Nelson, 657 F.3d at 590–91; Ben Sager, 560 F.2d at 809. … The record does not establish that fraud or misrepresentation induced Clyburn to dismiss his case with prejudice; rather, the alleged fraud and misrepresentation was a purely legal dispute between him and Lowe's.

United States v. Cinergy Corp.

495 F. Supp. 2d 909 · District Court, S.D. Indiana · Jun 18, 2007

This amount clearly exceeds the average annual budget for maintenance expenses at Unit 2. … Clearly, then, the project was infrequent at the Unit.

KEMP v. STATE OF INDIANA

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

A party can also support a fact by showing that the materials cited do not establish the absence or presence of a genuine dispute or that the adverse party cannot produce admissible evidence to support the fact. … Gooding Rubber Co., 221 F.3d 1003, 1011 (7th Cir. 2000) ("Employees may not immunize improper behavior simply by [complaining about discrimination].

PARKER v. BROOKS LIFE SCIENCE, INC

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

She will not follow policy and is not meeting the expectations clearly laid out for her. … In order to establish a claim for failure to accommodate under the ADA, a plaintiff must establish that: (1) she is a qualified individual with a disability; (2) the employer was aware of her disability; and (3) the employer