Case law

Kartman v. State Farm Mutual Automobile Insurance

247 F.R.D. 561 · District Court, S.D. Indiana · Dec 21, 2007

The burden is on the party asserting the doctrine to establish these elements. Bartlett v. State Farm Mut. Auto. Ins. Co., 206 F.R.D. 623, 628 (S.D.Ind.2002). … As noted above, the party asserting the work product doctrine must establish all of its elements on a doeument-by-document basis. Bartlett, 206 F.R.D. at 628 .

United States Fire Insurance v. Barker Car Rental

944 F. Supp. 739 · District Court, S.D. Indiana · Oct 4, 1996

An estate was established on behalf of Alkhuaini in Brown County, Indiana for purposes solely related to this litigation. Stipulations ¶ 3. … Barker’s principal place of business is Illinois, thus, clearly, it is authorized to do business there.

Buquer v. City of Indianapolis

797 F. Supp. 2d 905 · District Court, S.D. Indiana · Jun 24, 2011

action seeking injunctive relief has been established. 2. … Thus, the balance of harms weighs clearly in Plaintiffs’ favor. V. Public Interest Plaintiffs have also established that a preliminary injunction is in the public interest.

VELEZ v. BROWN

District Court, S.D. Indiana · Apr 9, 2020

“It is well established that there is no respondeat superior liability under § 1983.” Gayton v. McCoy, 593 F.3d 610, 622 (7th Cir. 2010). … Univ., 777 F.3d 996, 976 (7th Cir. 2015) (establishing a prime facie showing under the ADA or RA is nearly identical).

Hughes v. Life Insurance Co. of North America

112 F. Supp. 2d 780 · District Court, S.D. Indiana · Sep 5, 2000

A comparison between the policy’s language and Herzberger’s “safe harbor” language clearly supports this conclusion. … It is certainly not clear that "Jackie” was any more medically qualified than Hackett-Wade, Smith, or Stief to evaluate Hughes' condition.

Eckles v. Consolidated Rail Corp.

890 F. Supp. 1391 · District Court, S.D. Indiana · Jul 5, 1995

Although Emrick clearly implies that such a balancing is necessary, it also offers no specifics. … But seniority rights are firmly established in federal labor law and policy, and, as TWA v.

Heckler & Koch, Inc. v. German Sport Guns GmbH

71 F. Supp. 3d 866 · District Court, S.D. Indiana · Dec 24, 2014

Even assuming that Cooper had the requisite firsthand knowledge to convert her statement into admissible evidence, we decline to accept Plaintiffs’ newly-proffered and clearly self-serving theory when it cuts so clearly against … Panel Mart, Inc., 434 N.E.2d 97 (Ind.Ct.App.1982), the Indiana Court of Appeals read a preliminary recital as “clearly establishing] the intention of the parties” and as “erasing] the ambiguity” which clouded the body of

United States v. Rodriguez

460 F. Supp. 2d 902 · District Court, S.D. Indiana · Mar 7, 2006

If the words of a statute have established common-law or criminal-law meanings, then courts will presume that Congress intended the words to have those established meanings absent clear evidence to the contrary. … These well-established rules of statutory construction are strictly applied when interpreting criminal statutes.

Progressive Casualty Insurance v. K.S. ex rel. George-Jarrard

731 F. Supp. 2d 829 · District Court, S.D. Indiana · Aug 2, 2010

Progressive argues that Luallen’s actions of “mooning” qualified as a criminal act for the purposes of the insurance policy. Section 35-45^4-1.5 of the Indiana Code does *836 make public nudity a crime. … Therefore, undisputed facts establish that Luallen did commit the crime of “public nudity,” even though he was never charged or convicted of that offense.

United States ex rel. Conroy v. Select Medical Corp.

211 F. Supp. 3d 1132 · District Court, S.D. Indiana · Sep 30, 2016

Ctr., 568 U.S. 145 , 133 S.Ct. 817, 824 , 184 L.Ed.2d 627 (2013), but the removal of a jurisdictional term for not-clearly-jurisdictional language effects a different meaning. … See Logan, 455 U.S. at 432 , 102 S.Ct. 1148 (“[T]he State remains free to create substantive defenses or immunities for use in adjudication—or to eliminate its statutorily created causes of action altogether .... ”).

VASQUEZ v. BAYLOR TRUCKING INC.

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

A default judgment establishes the defendant’s liability to the plaintiff on the cause of action alleged in the complaint. Wehrs v. Wells, 688 F.3d 886, 892 (7th Cir. 2012). … Though Vasquez clearly disagrees with Selby's decision, he cannot pursue claims against her directly. Accordingly, Selby's Motion to Dismiss is granted. C.

Independent Distributors Cooperative USA v. Advanced Insurance Brokerage of America, Inc.

264 F. Supp. 2d 796 · District Court, S.D. Indiana · May 29, 2003

IDC alleges that AIA’s recommended design, in which the Plan qualified as an MEWA, constituted a breach of contract. … The 1996 Agreement also established AIA as the third-party administrator of the Plan.

Metropolitan School Dist. of Martinsville v. Buskirk

950 F. Supp. 899 · District Court, S.D. Indiana · Jan 6, 1997

decision and, therefore, clearly was an aggrieved party for purposes of section 1415(e)(2). … The School District has failed to establish that it is an aggrieved party under section 1415(e)(2).

GALVAN v. STATE OF INDIANA

District Court, S.D. Indiana · Jul 20, 2022

. § 1983 for monetary damages; (4) the State of Indiana is immune from suit under the Eleventh Amendment to the United States Constitution; and (4) Ms. Crum is entitled to qualified immunity from suit. … Crum's qualified immunity defense. iI. Conclusion As detailed above, Defendants' Motion for Summary Judgment [Dkt. 108] is GRANTED.

JEFFERS v. CARTER

District Court, S.D. Indiana · Aug 22, 2019

“For a delay in treatment to qualify as deliberate indifference, we must weigh the seriousness of the condition and the ease of providing treatment.” Id. (internal quotation omitted). … To certify a class, a plaintiff must establish, among other things, that he will “fairly and adequately protect the interests of the class.” Fed. R. Civ. P. 23(a).

CISLO v. BANTRY GROUP CORPORATION

District Court, S.D. Indiana · Nov 2, 2020

Additionally, he asserts that he is entitled to qualified immunity. Mr. Cislo has responded in opposition to the motion for summary judgment, and Mr. Osburn has filed a reply. For the reasons explained below, Mr. … He also contends that he is entitled to judgment as a matter of law under the doctrine of qualified immunity. A.

Reber v. Provident Life & Accident Insurance

93 F. Supp. 2d 995 · District Court, S.D. Indiana · Mar 29, 2000

The court first held that the insurance plan qualifies as a “plan, fund, or program,” as that term is used in 29 U.S.C. § 1002 (1). … Clearly, the Law Firm went to this effort in order to facilitate its employees’ obtaining disability coverage.

Planned Parenthood of Indiana & Kentucky, Inc. v. Commissioner, Indiana State Department of Health

984 F. Supp. 2d 912 · District Court, S.D. Indiana · Nov 26, 2013

Physical plant specifications have been established for abortion clinics. 410 I.A.C. 26-17-2. … The Court also concludes that PPINK has established irreparable harm.

Hardin v. CNA Ins. Companies

103 F. Supp. 2d 1091 · District Court, S.D. Indiana · Nov 4, 1999

Several weeks later, CNA hired two white people for the customer service manager positions who were allegedly less qualified than Hardin. See id. ¶¶ 16, 19. … While this may be a plausible way to establish a uniform federal statute of limita-lions, it seems clearly to hit wide of the mark.

Ormond v. ANTHEM, INC.

799 F. Supp. 2d 910 · District Court, S.D. Indiana · Jul 1, 2011

As an administrative agency, it is presumed to be qualified by knowledge and experience to perform this function. … The Court agrees with Defendants that such a claim is clearly a new theory.