Case law

NOVIT v. METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP

District Court, S.D. Indiana · Jan 3, 2023

Warren Township further admitted owing E.N. a duty of care, that the bus driver and bus monitor were its employees acting within the scope of their employment during the Bus Incident, and invoked the qualified immunity … The IDEA charges local educational agencies with the responsibility of establishing programs to provide disabled students with a FAPE. See 20 U.S.C. § 1414(a).

KUEBLER v. VECTREN CORPORATION

District Court, S.D. Indiana · Sep 6, 2019

“Ordinarily” is the key qualifier: a court can consider certain outside materials that the are referred to in the complaint and central to plaintiff’s claim. See Tierney v. Vahle, 304 F.3d 734, 738 (7th Cir. 2002). … Cooper Tire & Rubber, 834 F.3d 481, 490 (3d Cir. 2016) (“[T]he PSLRA provides a so-called “safe harbor” that immunizes certain “forward-looking” statements from § 10(b) liability.”) (emphasis added).

DURM v. MARION COUNTY, INDIANA SHERIFF'S OFFICE

District Court, S.D. Indiana · Mar 31, 2025

Well-established Seventh Circuit caselaw, as referenced below, makes clear that Deputy Durm, Sr. had neither a cognizable "special relationship" with the Defendants nor had he been placed by the State in a position of … The issuance of this order is enough to qualify as an affirmative act on the part of the officials.

Charles E. Hill & Associates, Inc. v. CompuServe, Inc.

65 F. Supp. 2d 924 · District Court, S.D. Indiana · Apr 9, 1999

If the patentee chooses to do that, he or she must clearly state the special definition in the specification or file history of the patent. Id. … As with the proposed definition for storing, Hill encourages the Court to drop the qualifying language from the ordinary dictionary meanings of the word “maintain.”

EMLEY v. WAL-MART STORES, INC.

District Court, S.D. Indiana · Jan 8, 2020

As such, the issue presented is of the type that readily qualifies as abstract and wholly legal, as the Seventh Circuit has directed. Id. at 677 (citing United Airlines, Inc. v. … It does not establish any rights for any person and is not binding on the FDA or the public.

DOE v. THE TRUSTEES OF INDIANA UNIVERSITY

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

Furthermore, in opposing this summary judgment motion, Doe did not respond to Defendants' arguments that Associate Dean Allen and Kuester are improper parties for injunctive relief and are protected by qualified immunity … That connection "between [the doctor's] lack of candor in the application process and his capacity to be trusted with patient care clearly pushe[d] [the] decision into the realm of an academic dismissal."

MARSHALL v. ASCENSION HEALTH

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

Determining the credibility and relative weight of facts, unless those facts are clearly feigned, are jury functions and must not be considered in evaluating a motion for summary judgment. … To establish a prima facie case of disparate treatment based on sex discrimination, a plaintiff must establish that (1) she is a member of a protected class; (2) her job performance met her employer’s legitimate expectations

SMITH v. GOLDEN RULE INSURANCE COMPANY

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

a classification of qualifying residential programs and articulated the relevant criteria for a program to be considered qualifying. … and non-qualifying [psychiatric residential treatment facilities]."

PACK v. SAUL

District Court, S.D. Indiana · Oct 24, 2019

The ALJ considered new arguments and evidence.5 She discussed the merits of Clara P.’s claim that she qualified for an exception to the GPO. … The Seventh Circuit has held that if the “defendants were sued only in their official capacities, then they would clearly be privies.

CFA, INC. v. CONDUENT STATE & LOCAL SOLUTIONS, INC.

District Court, S.D. Indiana · Apr 29, 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

KINDER

District Court, S.D. Indiana · Mar 2, 2026

Moreover, if a plaintiff fails to prove they were qualified for a promotion, their subsequent denial of that promotion does not constitute an adverse employment action. Dandy, 388 F.3d at 275 (citing Patt v. … Causal Connection Even if Kinder could establish a materially adverse action, there is clearly no causal link between her filing of the EEOC charge and lawsuit and the denial

U.S. Sec. & Exch. Comm'n v. ITT Educ. Servs., Inc.

303 F. Supp. 3d 746 · District Court, S.D. Indiana · Mar 23, 2018

Wash. 2007) ("[P]ersuasive authority indicates that audit committee members, including outside directors, who sign SEC filings qualify as control persons"); In re Alstom SA Sec. … Fitzpatrick clearly participated in the offerings because they were the CEO and CFO and signed the false and misleading filings. [Filing No. 257 at 10.]

ELI LILLY AND COMPANY v. KENNEDY

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

But even where disparate terms appear in the same sentence, the court analyzes the unqualified term by reference to a qualified term that appears elsewhere throughout the statute. See id. at 391. … Ct. at 1512, that threshold must be clearly defined and consistently applied.

WILLIAMS v. BOLEY

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

Moreover, an expert opinion is not helpful˗˗or needed˗˗to establish that it is a departure from established standards to shoot and kill someone who is surrendering a firearm. Therefore, Ms. … excessive force) has been established. See id. Accordingly, Ms.

Autocephalous Greek-Orthodox Church of Cyprus v. Goldberg & Feldman Fine Arts, Inc.

717 F. Supp. 1374 · District Court, S.D. Indiana · Aug 3, 1989

Whether one qualifies as a good faith purchaser is determined by evaluating certain factors. … Instead, Goldberg now bears the burden of establishing her good faith.

ANDRES v. United States

District Court, S.D. Indiana · Sep 25, 2025

clearly and based on objective criteria." Mullins v. Direct Digital, LLC, 795 F.3d 654, 659 (7th Cir. 2015). … Ill. 1973) (raising jurisdictional concern under the Little Tucker Act sua sponte and noting that "the proposed class definition will have to limit the class to those persons who would otherwise qualify as class members

RICHMOND JR. v. SAUL

District Court, S.D. Indiana · Aug 12, 2019

Clearly, Dr. … The Listings specify the criteria for qualifying impairments. Id. (citing 20 C.F.R. § 404.1525(a)).

FLORES v. SAUL

District Court, S.D. Indiana · Dec 16, 2019

ALJ Decision In determining whether Jesus qualified for benefits under the Act, the ALJ went through the five-step analysis required by 20 C.F.R. § 404.1520(a). … Instead, the ALJ clearly indicates that his discretionary decision not to reopen Jesus’s prior claim is based on the Plaintiff’s failure to demonstrate good cause.

Lowery v. Anderson

69 F. Supp. 2d 1078 · District Court, S.D. Indiana · Jul 6, 1999

Kehm, 799 F.2d 354, 360-61 (7th Cir.1986) (witness in Bahamas was unavailable where United States had no extradition treaty and witness was unwilling to testify voluntarily without transactional immunity; Ohio v. … Appellate counsel concluded that he did not need a transcript of voir dire to establish the per se argument on that point.

WILLIAM JEFFREY BURNETT V. CONSECO LIFE INSURANCE COMPANY

District Court, S.D. Indiana · Mar 25, 2022

They also argue that the RSA did not establish a filed rate at all. Id. at 44. … For these reasons, on the elements of contract formation and breach, "common questions clearly predominate." Messner, 669 F.3d at 815–16. c.