Case law

XIRUM v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

District Court, S.D. Indiana · Aug 8, 2024

The APA governs judicial review of agency actions and waives federal sovereign immunity in some circumstances to allow for equitable relief from agency action or inaction. See 5 U.S.C. § 702. … Plaintiffs argue the underlying statute, 8 U.S.C. § 1103(a)(11)(A), clearly enumerates what ICE is authorized to pay for and, thus, provides meaningful standards against which the Court can judge ICE's actions.

GEORGETOWN DENTAL, LLC v. CINCINNATI INSURANCE COMPANY THE

District Court, S.D. Indiana · May 17, 2021

Additionally, Defendants maintain that these "Coronavirus decisions" comport with "established, prevailing" interpretations of similar insurance policies outside of this pandemic context. … Because COVID-19 is not "specifically and clearly excluded" under the Policy, there is no exclusion for these pandemic- related losses.

E.D. v. NOBLESVILLE SCHOOL DISTRICT

District Court, S.D. Indiana · Sep 30, 2022

Individual Capacity Claims "The ITCA governs lawsuits brought against political subdivisions and their employees, and it provides substantial immunity for conduct within the scope of the … Communicating with parents and students regarding allegations against the School is clearly an act within the scope of a public school administrator's employment, as is deciding whether to discipline a subordinate for work-related

DOTSON v. INDIANA DEPARTMENT OF CORRECTION

District Court, S.D. Indiana · Feb 10, 2023

Dotson is not qualified to testify as to the cause of his back pain and nerve damage, see Pearson v. … But other portions of the record clearly show that, after Dr. Pierce reviewed the request, Mr. Dotson was approved only for an orthopedic consult.

FOX v. BROWN

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

I advised him I clearly have not been trying to deny him medications since I have been providing care for him. … Dkt. 64-2 ¶ 22. 20-60 mg would qualify as a low dose of Cymbalta. Id. Typically, a patient reporting neuropathic-type pain is started at the lowest recommended dosage in order to assess the presence of side effects.

BABAYEMI v. NOW COURIER, INC.

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

Oct. 6, 2023) (differences among class members, including which ones qualify as non-exempt, "is an issue that is more appropriate to raise at step two, when the Court reevaluates the collective, not at step one."). … Plaintiffs respond that the Notice clearly states that the case is at an early stage and that there has been no decision by the Court as to whether Plaintiffs' position or NOW's position is the correct one, so "there is