Case law

CIRCLE BLOCK PARTNERS, LLC v. FIREMAN'S FUND INSURANCE COMPANY

District Court, S.D. Indiana · Jul 27, 2021

Mar. 12, 2021) ("If loss of use alone qualified as direct physical loss to property, then the term 'physical' would have no meaning."); Steven Plitt et al., 10A Couch on Insurance § 148:46 (3d ed. 2021) ("The requirement … But division of authority "is only evidence of ambiguity" and "does not establish conclusively that a particular clause is ambiguous." Allgood v. Meridian Sec. Ins.

GREENBANK v. GREAT AMERICAN ASSURANCE COMPANY

District Court, S.D. Indiana · Dec 4, 2019

This broad assertion is clearly false. (Docket No. 57 at ECF p. 3) (citing records and indicating “In response [to Ms. … If the work-product privilege is established, it can be overcome if the party seeking the materials, here Ms.

AMES v. HUTCHINSON

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

Addi- tionally, the plaintiff must respond meaningfully to the motion to dismiss, clearly establishing the legal basis for its claim, in order to stave off dismissal. See Kirksey v. R.J. … But, as noted, Ames cannot even point to any material action that qualifies as an adverse action in this case.

INSTITUTE FOR THE INTERNATIONAL EDUCATION OF STUDENTS v. CHEN

District Court, S.D. Indiana · Aug 5, 2020

And the remaining factors also weigh against striking the declaration: there is no prejudice to cure; trial is unlikely to be disrupted; and there is nothing to suggest bad faith or willfulness, as Plaintiff clearly … Defendants con- tend that Mercier is not qualified to offer expert testimony on the topic and that Plaintiff did not disclose Mercier as an expert witness.

Mead Johnson & Co. v. Abbott Laboratories

41 F. Supp. 2d 879 · District Court, S.D. Indiana · Apr 13, 1999

If the moving party cannot establish either of these prerequisites, a court’s inquiry is over and the injunction must be denied. … Federal courts have not established a numerical benchmark for determining when a claim is misleading for purposes of the Lan-ham Act.

MAPLETON AT COUNTRYSIDE CONDOMINIUM ASSOCIATION, INC. v. TRAVELERS INDEMNITY COMPANY

District Court, S.D. Indiana · Aug 3, 2020

The Court must determine whether the evidence in the record shows clearly that Mapleton did not comply with the notice requirement of the policies—only if it determines that the undisputed evidence shows Mapleton failed … Whether that notice qualifies as reasonable under the policies is a question of law. The Court finds that notice was neither reasonable nor prompt.

WILLIAMS v. ROARK

District Court, S.D. Indiana · Jan 18, 2024

Williams' grievance appeal, he wrote: "After the brief conversation with Officer Tovar, my behavior was clearly out of the ordinary. … does not establish that he participated in excessive force.

FULKS v. KRUEGER

District Court, S.D. Indiana · Sep 20, 2019

Davenport—who sought to challenge whether his 1981 burglary conviction qualified as a predicate crime under the Armed Career Criminal Act—could have raised that challenge during both his direct appeal and when he filed … Fulks’ claims clearly fall within the ambit of § 2255(a). It is undisputed that Atkins claims generally are available in § 2255 proceedings. Mr.

BOWERS v. ANTHEM, INC.

District Court, S.D. Indiana · Jul 20, 2020

At best, the record Bowers relies on establishes that, because there is a lag between a sale and an "effective date" (i.e., the date insurance coverage began), some of the sales he was working on during the improvement … The November 28, 2016 CAP clearly satisfies this requirement. It explains several times that Bowers' performance is not satisfactory.

In re Method of Processing Ethanol Byproducts & Related Subsystems ('858) Patent Litig.

303 F. Supp. 3d 791 · District Court, S.D. Indiana · Oct 23, 2014

The Court also concludes that the patentees never clearly disavowed filtration or addition of chemicals during prosecution. … Persons with a science degree and a work history in oil separation techniques may also qualify as a POSA. Id.

HALCZENKO v. ASCENSION HEALTH, INC.

District Court, S.D. Indiana · Sep 25, 2024

Fowler alleges that Ascension "intentionally established a coercive process calculated to force healthcare workers and staff to abandon their religious objections to the COVID-19 vaccination." … "Rule 23 requires that a class be defined, and experience has led courts to require that classes be defined clearly and based on objective criteria." Mullins v.

Alcon Research, Ltd. v. Apotex Inc.

790 F. Supp. 2d 868 · District Court, S.D. Indiana · May 23, 2011

If a patent challenger alleges invalidity based on the prior art the PTO considered during prosecution of the patent, that challenger has the added burden of overcoming the deference that is due to a qualified government … “It may often establish that an invention appearing to have been obvious in light of the prior art was not.

BOYD v. NICHOLS

District Court, S.D. Indiana · Jun 21, 2022

However, it is also well established that pro se litigants are not excused from compliance with procedural rules. … Boyd is qualified to offer such an opinion, see Fed. R. Evid. 602 (concerning the need for personal knowledge), 702 (concerning qualifications for expert witnesses). Mr.

QUALLS-HOLSTON v. INDIANA UNIVERSITY

District Court, S.D. Indiana · Sep 3, 2021

"The Seventh Circuit has clearly held that a party who fails to respond to points made . . . concedes those points." Myers v. Thoman, 2010 WL 3944654, at *4, 2010 U.S. Dist. LEXIS 107502, at *11 (S.D. Ind. … Sheriff's Dep't, 602 F.3d 845, 850 (7th Cir. 2010) ("stray remarks are generally insufficient to establish discriminatory motivation"); Mach v. Will Cty.

SILVERTHORN v. KIJAKAZI

District Court, S.D. Indiana · Jul 12, 2022

Generally, a verbatim section exists establishing the same legal point with both types of benefits. See, e.g., 20 C.F.R. § 416.920(a)(4)(i)-(v). … On appeal, Aaron contends that because his testimony was qualified based on whether he took his medication, the ALJ should have considered the limitations that would be reasonably appropriate if Aaron was not taking his

DOAKS-PERKINS v. KIJAKAZI

District Court, S.D. Indiana · Feb 24, 2022

Additionally, the ALJ clearly ignored the volumes of evidence that undercut her decision to discredit Dr. Ridderman's opinion. … [performing daily activities] was inconsistent with [the claimant's] description of her pain and limited mobility"); see also Scrogham, 765 F.3d at 700 ("The 'sporadic performance of [household tasks or work] does not establish

MARK v. SAUL

District Court, S.D. Indiana · Sep 30, 2019

Draegert’s (1) “ability to learn and apply rules and procedures, which are sometimes hard to understand,” (2) “ability to use reason and judgement in dealing with all kinds of people,” (3) “ability to think clearly … As explained above, under Parrott, these interpersonal and supervisory abilities qualify as skills to be considered for transferability. As to whether Ms.

ANDERSON v. KIJAKAZI

District Court, S.D. Indiana · Jan 25, 2023

Henri A. contends that the ALJ relied on boilerplate language and did not provide any clearly articulated reasons to discredit all of Henri A.'s subjective statements. (Filing No. 13 at 14-15.) … Accordingly, Henri A. cannot establish error with the ALJ's relevant RFC finding.

BURKART CROSSING APARTMENT PARTNERS, LLC v. BURKART OWNER, LLC

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

Burkart Crossing seeks judgment as a matter of law because the terms of the Agreement are clear and unambiguous and that the uncontroverted facts establish that Defendant committed a material breach when it neither terminated … knowledge, [Burkart Crossing] neither delivered to Purchaser the executed estoppel certificate from the City of Seymour nor the termination of the Comcast Agreement that Seller agreed to deliver"), then the Agreement clearly

ARMADILLO HOLDINGS, LLC v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

District Court, S.D. Indiana · Apr 1, 2020

Margaretic qualified as an additional insured under the Travelers CGL Policy, but informed Liberty Mutual that, because the Lease did not contain a provision requiring Armadillo to provide Mr. … Such a claim would clearly be covered under the policy. If [Mr.