Case law

Dillinger, LLC v. Electronic Arts Inc.

795 F. Supp. 2d 829 · District Court, S.D. Indiana · Jun 15, 2011

While EA offers other additional arguments about why the Complaint fails to plead conversion, the Court will only address one, which is clearly dispositive. … Because, as discussed above, the Plaintiff can’t establish conversion, it necessarily can’t establish theft either.

HARMON v. CARTER

District Court, S.D. Indiana · Sep 4, 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).

Woods v. Anderson

302 F. Supp. 2d 915 · District Court, S.D. Indiana · Feb 2, 2004

. § 2254 , (“AEDPA”), “habeas relief may be granted if a state comb’s adjudication of a matter ‘resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as … The Indiana Supreme Court’s finding that the jury was restricted to consideration of the one aggravating circumstance which the State had alleged, was not an unreasonable application of clearly established federal law.

United States v. RICHARDS

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

Moreover, we are not persuaded by the United States' contention that sovereign immunity bars the relief granted by the Bankruptcy Court in its Order. … Accordingly, the Order does not wrongfully impinge upon or otherwise constitute a violation of the United States’ sovereign immunity. IV.

Home on the Range v. AT & T Corp.

386 F. Supp. 2d 999 · District Court, S.D. Indiana · Sep 7, 2005

For the reasons stated below, AT & T’s motion is granted with respect to the rights of way established under the 1862 Pacific Railroad Act and the 1864 Northern Pacific Act, and denied with respect to the right of way established … This qualified inclusion within the operation of the 1875 Act of homestead and similar claims beyond the reach of appropriation indicates that Congress did not intend to invoke the full power of appropriation under the 1875

Keller v. Indiana Family & Social Services Administration

639 F. Supp. 2d 928 · District Court, S.D. Indiana · Sep 18, 2009

The Local Rules clearly limit a surreply to responses to new evidence or arguments made for the first time in a prior brief. … Plaintiffs clearly cannot succeed on their retaliation claims via the direct method of proof in the absence of any admissible evidence to establish that there was a “causal connection” between their protected activity and

ARP II v. INDIANA STATE POLICE

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

As the Seventh Circuit has clarified, all state employees should know that they, and not their employers, are the proper defendants to Section 1983 claims: [A]ll public officials are presumed to know clearly established … Here there can be no doubt that every state's sovereign immunity from, and all state employees' personal exposure to, Section 1983 liability for constitutional torts [is] clearly established . . . .

Owner-Operator Independent Drivers Ass'n v. Mayflower Transit, Inc.

204 F.R.D. 138 · District Court, S.D. Indiana · Nov 5, 2001

He also represents to the court that local counsel (formerly *148 with the Johnson Smith law firm) are well qualified and experienced and these representations are unchallenged. … The interest rate shall be established on the date the interest period begins and shall be at least equal to the average yield or equivalent coupon issue yield on 91-day, 13-week Treasury bills as established in the weekly

Garza v. Kelly

1 F. Supp. 3d 885 · District Court, S.D. Indiana · Feb 19, 2014

However, she clearly failed to advance such a claim in her Complaint. … Defendants also argue that Plaintiff's claims fail because Defendants Covington and Wong are entitled to absolute prosecutorial immuni *891 ty and Defendants Gorman and Kelly are entitled to absolute judicial immunity.

HORNADAY-ALBERTS

District Court, S.D. Indiana · Sep 15, 2026

Jan. 28, 2011) (finding that HUD and the receiver appointed to possess a PHA were immune from suit under § 1437d(j)(3)(H)); Walker, 2011 WL 2637328, at *3 (granting HUD's motion to dismiss because of the sovereign immunity … Even if these actions were only "shunning" and "ostracism," those things may qualify as an adverse action if they involve "material harm." Parkins v.

Wayt v. Town of Crothersville

866 F. Supp. 2d 1008 · District Court, S.D. Indiana · Mar 30, 2012

a property interest in continued water service; (4) Sweazy’s actions in all respects conformed to and were taken consistent with Crothersville Utilities’s policies, thus entitling her to qualified immunity; (5) Plaintiff … Clearly, nothing in these or any other sections of the Crothersville Ordinances explicitly confers a right to water service upon the residents of Crothersville that can only be extinguished for “good cause.”

Harris v. ECP Healthcare, P.C.

954 F. Supp. 1295 · District Court, S.D. Indiana · Feb 7, 1997

treatment, and has therefore failed to establish a prima facie case of disparate treatment. … Courts have consistently held that the anti-retaliation protections of Title VII do not immunize employees from disciplinary termination for violations of company policy, irrespective of whether the violations were committed

Harden v. Raffensperger, Hughes & Co., Inc.

933 F. Supp. 763 · District Court, S.D. Indiana · Jul 3, 1996

This Court’s earlier orders revealed its determination of the type of notes that would qualify for § 11 standing in this case, but the definition of the certified class does not clearly articulate that determination. … Commonwealth Edison Co., 892 F.2d 509, 512 (7th Cir.1989) (a material error in a prospectus usually is enough to establish § 11 liability).

REINOEHL v. PENN-HARRIS-MADISON SCHOOL CORPORATION

District Court, S.D. Indiana · Aug 30, 2024

We find that Plaintiffs have failed to allege an Establishment Clause violation here because "it is clearly established in the case law, and perhaps also in common sense, that evolution is not a religion and that teaching … immunity.

Baker v. Monsanto Co.

962 F. Supp. 1143 · District Court, S.D. Indiana · Apr 9, 1997

Again, clearly, Westinghouse was quite knowledgeable of dangers associated with PCBs, and it was clearly sophisticated: it had its own staff capable of analyzing chemical properties of the materials it was purchasing from … Defendant asserts that this background does not establish an adequate foundation for Webber’s opinions, and that he is not properly qualified as an expert. Plaintiffs have not responded to these criticisms.

Hill v. Richardson

740 F. Supp. 1393 · District Court, S.D. Indiana · Jul 5, 1990

The Section 8 Existing Housing Program Section 8 establishes the housing assistance payments program that provides for various types of assisted housing. … The PHA determines whether an applicant for participation qualifies as a family and is income eligible. 24 C.F.R. § 882.209 (a)(1).

BROWN v. MOATS

District Court, S.D. Indiana · Sep 24, 2025

Lukens argues that he is entitled to summary judgment because this case creates a new context under Bivens, that he was not deliberately indifferent, and that he is entitled to qualified immunity. Dkt. 242. … Brown has therefore established by a preponderance of evidence that Dr.

WOODS

District Court, S.D. Indiana · Feb 9, 2026

This argument furthered Woods's trial strategy of establishing reasonable doubt. … Woods has failed to show that the state court's decision in this regard was an unreasonable application of clearly established law. He is not entitled to relief. C.

TAYLOR

District Court, S.D. Indiana · Jun 9, 2026

Plaintiff claims that while the Tribe is nominally in the business of consumer lending, in reality the Tribe is the cat's paw of non-Tribal predatory lenders seeking to cloak usury in tribal sovereign immunity. … "Unless the parties clearly and unmistakably provide otherwise," this issue of arbitrability is decided by the court. AT&T Technologies Inc. v. Communications Workers of America, 475 U.S. 643, 649 (1986).

Steele v. Maren Engineering Corp.

460 F. Supp. 2d 877 · District Court, S.D. Indiana · Aug 15, 2005

All of Mills’ testimony clearly establishes that he was unaware of any dangerous condition when he left Rhodes on February 1, 2001. … Clearly Mills, and plaintiff, knew that the baler was a dangerous machine by its nature.