Case law

GENESYS CLOUD SERVICES, INC. v. MORALES

District Court, S.D. Indiana · Nov 5, 2019

If information does not meet these standards, then it does not qualify for protection under either statute. … In response, Genesys argues that the Second Amended Complaint clearly sets out a protectable interest in its goodwill and customer base and the development of its customer base.

CHARLENE CESTRONI, TRUSTEE OF DUFFY ASSET MANAGEMENT, LLC v. NORTHSTAR FUNDING PARTNERS

District Court, S.D. Indiana · Dec 28, 2023

Indiana caselaw clearly holds that fraud claims must be based on an affirmative misrepresentation or an omission. … Plaintiffs appear to argue that the illustration's use of the phrase "financial professional" implied that Parker was qualified to advise the Duffys regarding the Policy.

TULLY v. OKESON

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

Plaintiffs are nine Indiana voters who do not expect to qualify to vote by mail in the general election under Indiana Code § 3-11-10-24. Dkt. 14 at 2 (citing declarations). … Discussion "A preliminary injunction is an extraordinary remedy. . . . never to be indulged in except in a case clearly demanding it." Id.

WILLIAMS v. ALLEN

District Court, S.D. Indiana · May 1, 2025

"[T]o establish prejudice, the prisoner must show not merely a substantial federal claim, such that the errors at trial created a possibility of prejudice, but rather that the constitutional violation worked to his actual … While no angle of the video footage clearly shows Mr. Williams himself sweeping the piece of paper to the cells, his proximity to the trafficked contraband provides some evidence to support Mr.

PARTLOW v. BROWN

District Court, S.D. Indiana · Mar 4, 2020

The record evidence establishes only that Mr. … Partlow’s De Quervain’s Tenosynovitis does not qualify as a condition that has “been diagnosed by a physician as mandating treatment.” See Gayton, 593 F.3d at 620. Instead, she argues that Mr.

FOX v. WEST-DENNING

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

Dkt. 77-4 at 1. 6 The signature is illegible, but the initials after the name clearly read “CMA.” See dkt. 1-1 at 17. … West-Denning “clearly stated” that she did not believe he had a chronic care condition and that he was “probably faking.” Dkt. 82-1 at 2. According to Mr.

MORALES v. KIJAKAZI

District Court, S.D. Indiana · Sep 13, 2023

This conclusion, according to Morgan, constitutes an impermissible lay opinion that the ALJ was not qualified to assess. [Id. at 6.] … A commonsense reading of this portion of the ALJ's opinion does not support Morgan's argument because the opinion clearly shows that the ALJ was aware of and considered Morgan's medication treatment. See Fanta v.

SMITH v. MCDONOUGH

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

Smith qualify as adverse employment actions, are not as straight forward. … The evidence clearly shows, however, that Mr. Dinkins was not paid more than Mr. Smith, and Mr. Smith testified that he and Mr. Dinkins did not have the same duties. [Compare Filing No. 35-6 (showing Mr.

Motley v. Tractor Supply Co.

32 F. Supp. 2d 1026 · District Court, S.D. Indiana · Jul 23, 1998

In contradiction to this report of Pompey’s remark about getting a gun, Motley clearly denied in October of 1994 that he had been physically threatened by anyone at TSC. ICRC Dep. at 227. … A distinctive physiognomy is not essential to qualify for protection. Id.

UNITED STATES v. HEALTHNET, INC.

District Court, S.D. Indiana · Sep 30, 2021

Count III alleges that Relator and HealthNet reached an oral settlement agreement whereby HealthNet would waive its claims for the Federally Qualified Health Center ("FQHC") wrap-around reimbursement. … if Relator and HealthNet had reached an oral agreement between the time the rest of the Robinson I claims were settled in September of 2016 and the time she sought to reopen Robinson I in June of 2019, she would have clearly

A Woman's Choice-East Side Women's Clinic v. Newman

132 F. Supp. 2d 1150 · District Court, S.D. Indiana · Mar 30, 2001

Both decisions left open the possibility, however, that additional evidence on the effects of such laws could establish an undue burden. … Notwithstanding the contention and controversy, some broad principles have been established by the Supreme Court.

GEFT OUTDOOR LLC v. CITY OF FISHERS, INDIANA

District Court, S.D. Indiana · Aug 11, 2022

Applicable Law Injunctive relief under Federal Rule of Civil Procedure 65 is "an exercise of very far-reaching power, never to be indulged in except in a case clearly demanding it." … "If the moving party cannot establish . . . these prerequisites, a court's inquiry is over and the injunction must be denied." Abbott Laboratories v.

CRAIG

District Court, S.D. Indiana · Aug 7, 2026

Hicks' assertions about what led to the fire do not purport to establish the origin of the fire as the City claims. … Hicks' Report clearly explains the sources and methodology relied upon. Id. at 10 (citing Filing No. 290-1 at 6–7). The Court agrees.

ELI LILLY AND COMPANY v. KENNEDY

District Court, S.D. Indiana · Oct 3, 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.

KIRCHNER v. KIJAKAZI

District Court, S.D. Indiana · Sep 29, 2022

He also explained that he and Janice K. established a joint checking account in order to qualify Janice K. to receive health insurance from Lilly, but he does not regularly use that account and instead keeps his money in … § 1382(a) (establishing income and resource limits for eligibility).

REPUBLIC AIRWAYS INC. v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS

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

That the underlying dispute might itself qualify as "minor" does not, as a matter of law, deprive federal courts of the authority to resolve challenges asserted under § 153 First (q). See id. … The dispositive inquiry "is not whether the arbitrator or arbitrators erred in interpreting the contract; it is not whether they clearly erred in interpreting the contract; it is not whether they grossly 8 The Union

CLEVELAND v. United States

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

There was also a suggestion of hematoma within disc space itself and concomitant retroperitoneal blood clearly would be consistent with a spinal cord injury. … Q: Are you qualified to determine independently whether the spleen was injured in the course of the hyperextension versus the assisted fall?

KINNICK v. MED-1 SOLUTIONS, LLC

District Court, S.D. Indiana · Jun 4, 2021

Nor does stress by itself with no physical manifestation and no qualified medical diagnosis amount to a concrete harm." (Internal citations and quotation marks omitted)). … Kinnick argues that the procedures described in Med-1's manual [Filing No. 65-1] should be ignored because it "was clearly dated after Med-1 sent Mr. Kinnick the letter at issue [on April 25, 2019.]"

ACCENT CONSULTING GROUP, INCORPORATED v. GREAT AMERICAN ASSURANCE COMPANY

District Court, S.D. Indiana · May 20, 2024

Stephens points to the fact that Great American "admits" that the Consumer Complaint "did not qualify as a claim under the [P]olicy." [Filing No. 94 at 12.] Ms. … Those proceedings clearly amounted to the Policy's definition of "Disciplinary Action." Thus, far from breaching its duty to defend, Great American had no duty to defend Ms.

ADVANCED MAGNESIUM ALLOYS CORPORATION v. DERY

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

Wogen's actions clearly violated the intent of that command. … Because conditional penalties are specifically designed to compel the doing of some act, they are coercive and therefore qualify as civil contempt.