Case law

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].

TROTTER v. LOGAN

District Court, S.D. Indiana · Jun 13, 2024

"The law enforcement investigatory privilege is a qualified common law privilege protecting civil as well as criminal law enforcement investigatory files from civil discovery." … Contrary to the City's arguments, this factor clearly weighs in favor of disclosure, as only the City has access to the internal records and IA file contents.

MILES v. KIJAKAZI

District Court, S.D. Indiana · Sep 8, 2021

Regardless, the ALJ clearly was aware that Cathy M. had reported symptoms that would conflict with her ability to sustain work. … The written decision does contain a couple of errors, including listing the call-out operator occupation even though that title would not qualify based on Cathy M.'s RFC.

BLANTON v. WARDEN

District Court, S.D. Indiana · Sep 26, 2023

He states his "lifetime probation requirement was clearly erroneous," and the trial court "failed to transmit a correct amended abstract of judgment indicating the probation status and term to the . . . IDOC." … Blanton could take in pursuit of relief does not qualify as an external obstacle that warrants tolling. See, e.g., Conner v.

SHEFFLER v. ACTIVATE HEALTHCARE, LLC

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

Qualifying Class Members who do not opt-out will be bound by the terms set forth in the Settlement Agreement. … The proposed Settlement Agreement provides for the establishment of a non-reversionary Settlement Fund, none of which will revert to Defendants.

ZOLLMAN v. MAGNOLIA HEALTH SYSTEMS XI, LLC

District Court, S.D. Indiana · Sep 10, 2025

Zollman's affirmative claims on the merits, it will qualify as the prevailing party and will at that point have an opportunity to argue that an award of attorney's fees in its favor is warranted. … Clearly, as Magnolia contends, Mr. Zollman has cited no evidence establishing that he was physically threatened or humiliated.

MBC GROUP, INC. v. CONDUENT STATE & LOCAL SOLUTIONS, INC.

District Court, S.D. Indiana · Feb 23, 2024

App. 1990) ("To be enforceable, it must clearly appear that it was the purpose or a purpose of the contract to impose an obligation on one of the contracting parties in favor of the third party."). … Under New York law, liability-limiting provisions are unenforceable only when, in contravention of acceptable notions of morality, the misconduct for which it would grant immunity smacks of intentional wrongdoing

WATERMAN v. KEEN

District Court, S.D. Indiana · May 21, 2024

As set forth below, the evidence of record establishes that that date is October 26, 2020. … Tn light of this finding, the Court need not, and does not, address the parties’ arguments regarding the merits of Waterman's claims or the Defendants’ qualified immunity defense. 15

THE SOCIETY FOR DIVERSITY v. DTUI.COM LLC

District Court, S.D. Indiana · Jul 22, 2020

Just as Real Action's email list was insufficient to establish a relationship between it and the forum state in Advanced Tactical, DTUI's email list in is insufficient to establish that relationship here. … Under the Seventh Circuit's requirements for determining whether the purposeful-direction requirement is met, the Defendants clearly did not expressly aim their conduct at the forum state. Tamburo v.

SEBOLT v. United States

District Court, S.D. Indiana · Oct 18, 2022

Sebolt that the condition did not qualify as emergency dental care. Id. at 7, ¶ 32. The remaining part of the tooth fell out on its own on November 20, 2016. … FTCA Standard The FTCA is a limited waiver of the United States' sovereign immunity.

JOHNSON v. PRETORIUS

District Court, S.D. Indiana · Feb 19, 2025

Upon review, no part of the Magistrate Judge's Order was clearly erroneous or contrary to law. … Warden Pretorius responded on November 21, 2023, stating, "I am not a qualified medical provider nor can I dictate medical treatment . . . . You may file a grievance on this matter.

DAVIS v. GOVERNMENT EMPLOYEE INSURANCE COMPANY a/k/a GEICO

District Court, S.D. Indiana · Aug 9, 2021

She is clearly upset and very afraid to say something about [Mr. Jordan]. She feels as if she is in trouble with her [FMLA leave].” Mr. Swayne made a note that same day saying that he talked with Ms. … After the period of qualified leave expires and the employee returns to work, she is entitled to be reinstated to her former position or to an equivalent position with the same benefits and terms of employment.”

DURHAM v. United States

District Court, S.D. Indiana · Oct 25, 2019

But Fair's own internal accounting could not be trusted; the evidence established widespread manipulation of its financial information. … Tompkins should have used, the court wrote The defendants urged the court to instruct the jury that "[s]imply continuing to hold a security does not qualify" as a purchase or sale

MCCRACKEN v. STATE OF INDIANA

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

The Court need not delve too far into IDOC's prevention and correction methods because there is clearly a dispute as to whether IDOC can succeed on the second requirement. … A plaintiff establishes a prima facie case of discrimination under Title VII by establishing that (1) she is a member of a protected class, (2) she was meeting the employer's legitimate employment expectations

BECKNER v. MAXIM CRANE WORKS, L.P.

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

Customer agrees to provide competent and qualified signal person to direct Maxim's equipment operators. . . . … Pugh; the contract between Commercial Air and Maxim clearly stated that Mr. Pugh was an employee of Commercial Air for all purposes other than payment of wages, worker's compensation, and benefits and that Mr.

SHADOAN v. United States

District Court, S.D. Indiana · Nov 8, 2021

P. 12(b)(1), on the grounds that the amended complaint is barred by sovereign immunity, as there are jurisdictional deficiencies for the 2014 and 2016 tax years that deprive the Court of subject matter jurisdiction. … This clearly falls within the restrictions outlined in § 6402(g).

BEND v. SAUL

District Court, S.D. Indiana · Mar 11, 2021

Gregory alleged disability resulting from nerve damage, back issues, immune system issues, chronic pain, and asthma. (Dkt. 8-6 at 6, R. 162). … STANDARD OF REVIEW To qualify for disability, a claimant must be disabled within the meaning of the Social Security Act.

MCCOY v. BIOMAT USA, INC.

District Court, S.D. Indiana · Jul 31, 2024

Illinois Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (default judgment is a "two-step process . . . clearly outlined in Rule 55(a) (entry of default) and Rule 55(b) (default judgment) of the Federal Rules of Civil Procedure … The ADA prohibits discrimination against qualified individuals on the basis of a disability, 42 U.S.C. §12101, but there is no allegation that Mr. McCoy is disabled.

City of Austin Police Retirement System v. ITT Educational Services, Inc.

388 F. Supp. 2d 932 · District Court, S.D. Indiana · Sep 14, 2005

The California investigation related to whether one or more of the California ITT institutes had falsified records related to student attendance or academic progress or falsified grade point average calculations used to qualify … See SEC Release No. 530, at 4 (attempted use of SEC No-Enforcement Letter in civil or criminal action against investigated party is “clearly inappropriate and improper”).

BELVIY v. KIJAKAZI

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

Generally, a verbatim section exists establishing the same legal point with both types of benefits. See, e.g., 20 C.F.R. § 416.945(a)(1). … "Credibility determinations will not be overturned unless they are clearly incorrect. As long as the ALJ's decision is supported by substantial and convincing evidence, it deserves this court's deference."