Case law

Annex Books, Inc. v. City of Indianapolis

333 F. Supp. 2d 773 · District Court, S.D. Indiana · Aug 27, 2004

The Controller may deny a license application or renewal only if the applicant: (1) Where applicable, is not a corporation organized by law or authorized and qualified to do business in the state; (2) Has not fully paid the … constitutionality of the ordinance, we believe Chapter 801 in tandem with Chapter 807 do not provide a sufficient guarantee that an aggrieved applicant will receive a hearing before the Controller because the Regulation clearly

ESTATE OF COLE BY PARDUE v. Fromm

941 F. Supp. 776 · District Court, S.D. Indiana · Nov 27, 1995

immunity. … This critical difference should not be exaggerated, however, for similar evidence may be considered to establish either level of recklessness.

ICI BENEFITS CONSORTIUM v. UNITED STATES DEPARTMENT OF LABOR

District Court, S.D. Indiana · Mar 28, 2024

The plaintiff has the burden of establishing these elements and therefore must "clearly allege facts demonstrating each element." … Schober, 366 F.3d at 489 ("Mere speculation is not enough to establish an injury in fact.").

DUNN-LANIER v. INDIANAPOLIS PUBLIC SCHOOLS

District Court, S.D. Indiana · Aug 2, 2019

Dunn-Lanier has failed to establish the third and fourth prongs of the prima facie case, to wit, that she was rejected for a position for which she was qualified and that less qualified candidates were hired instead. … Dunn-Lanier was clearly more qualified than Ms. Hindsley for the teaching position at School 58. This conclusion is buttressed by the facts regarding Ms.

Government Suppliers Consolidating Services, Inc. v. Bayh

734 F. Supp. 853 · District Court, S.D. Indiana · Apr 3, 1990

Plaintiffs need to establish the independent ripeness of each claim. … The law on ripeness clearly establishes that “[o]ne does not have to await the consummation of threatened injury to obtain preventive relief. If the injury is certainly impending that is enough.” Pennsylvania v.

HOWARD

District Court, S.D. Indiana · Jul 27, 2026

Special expertise is required to establish the medical cause of such a condition. Spinnenweber v. … He is not qualified to testify as to a causal relationship between the alleged incident and any medical or mental health condition he has at present.

JOHNSON v. SIBLEY

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

And when an officer’s use of deadly force is challenged as being excessive, the officer is entitled to assert qualified immunity as a defense “unless existing precedent squarely governs the specific facts at issue.” … immunity defense.

Helcher v. Dearborn County

500 F. Supp. 2d 1100 · District Court, S.D. Indiana · Jul 31, 2007

Judge Posner likened the standard to the “clearly-erroneous standard ... … Clearly, this submission fails to qualify as a “detailed explanation,” as required by the Ordinance. 21 Based upon these factors, we cannot conclude that the Board’s assertion that alternatives had not been sufficiently investigated

United States Securities & Exchange Commission v. Montana

464 F. Supp. 2d 772 · District Court, S.D. Indiana · Nov 22, 2006

A common enterprise was clearly what was intended here by Defendants in offering and selling these investment contracts. … There is no requirement to prove scienter to establish a violation of this statute.

Nickles v. Heleine

460 F. Supp. 2d 886 · District Court, S.D. Indiana · Nov 7, 2005

At some point after filing suit, Plaintiff determined that He-leine may qualify as an uninsured or un-derinsured motorist, as he had coverage against Plaintiffs claim amounting to only *888 $50,000. … Lastly, the moving party need not positively disprove the nonmov-ant’s case; rather, it may prevail by establishing the lack of evidentiary support for that case. See Celotex Corp. v.

Beachy v. Board of Aviation Commissioners of Kokomo

699 F. Supp. 742 · District Court, S.D. Indiana · Nov 21, 1988

But, section 4602 reads: “section 4651 of this title creates no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation”. 42 U.S.C. § 4602 . 1 Clearly, Congress did … The court found that the provision of the Housing Act at issue did not establish an independent duty on the part of the defendant District of Columbia under section 1983.

Hubler Chevrolet, Inc. v. General Motors Corp.

193 F.R.D. 574 · District Court, S.D. Indiana · Mar 30, 2000

The authority it cites in support of its position represents a minority view; we rely instead on the established principle that “a showing of strong litigational hardship or inconvenience should be sufficient” to establish … This element reflects concerns about the competency of class counsel and potential conflicts of interest: “(a) the plaintiffs’ attorney must be qualified, experienced, and generally able to conduct the proposed litigation

Young v. Easter Enterprises, Inc.

915 F. Supp. 58 · District Court, S.D. Indiana · Nov 29, 1995

The July 14 notice to the Plaintiffs clearly stated that their employment with Easter would be terminated. … Although these Plaintiffs clearly have failed to present a prima facie case, because all Plaintiffs have failed to present a prima facie case for other reasons the Court sees no need to rule on this issue or differentiate

BROWNING v. TRANS UNION LLC

District Court, S.D. Indiana · Feb 18, 2025

The duties of furnishers of information upon notice of a dispute clearly fall within the essential purpose of the FCRA. … While the Servicing Transfer Notice is clearly central to Plaintiffs' claims, Plaintiffs did not refer to it in their Complaint.

Bayless v. City of Frankfort

981 F. Supp. 1161 · District Court, S.D. Indiana · Oct 14, 1997

The motion is GRANTED because Plaintiffs have failed to establish that Defendants violated their federal constitutional rights. … Clearly, Plaintiffs satisfy the first step because they were deprived of their vehicle. See United States v.

Alliance for Clean Coal v. Bayh

888 F. Supp. 924 · District Court, S.D. Indiana · Mar 27, 1995

The Supreme Court has concisely stated the showing a party must make to establish Article III standing: Over the years, our cases have established that the irreducible constitutional minimum of standing contains three elements … The ECPA clearly imposes a facial and patent burden on interstate commerce.

Batteast Construction Co. v. Henry County Board of Commissioners

194 F. Supp. 2d 828 · District Court, S.D. Indiana · Mar 29, 2002

other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection. 5.3 ACCEPTANCE OF BID (AWARD) 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified … of the laws, or of equal privileges and immunities under the laws; (3) an act in furtherance of the conspiracy; and (4) an injury to his person or property or a deprivation of any right or privilege of a citizen of the United

OWENS v. PROPST

District Court, S.D. Indiana · Mar 26, 2025

Owens also argues in his response that Defendants are not entitled to immunity under the Public Readiness and Emergency Preparedness (PREP) Act, dkt. 113 at 2, but Defendants did not raise PREP Act immunity in their motion … Owens has not disputed that the jail's quarantine protocols were established under the CDC's recommended "cohorting" practice, and that Dr. Propst based Mr. Owens's placements on his medical judgment.

United States v. Danser

110 F. Supp. 2d 792 · District Court, S.D. Indiana · Sep 20, 1999

There clearly were extenuating circumstances in Mr. Danser’s case that necessitated an im *804 mediate arrest of Mr. Danser in the early-morning hours of May 20 — Mr. … Swain was “promising” him immunity or even leniency, this does not render his inculpatory statements involuntary. See Pharr v. Gudmanson, 951 F.2d 117, 120 (7th Cir.1991) (“That Mr.

Robinson v. Turner

886 F. Supp. 1451 · District Court, S.D. Indiana · Feb 6, 1995

Would a letter from a state court to a guard qualify as official mail? … CONCLUSION Several of the Defendants have established that service of process was inadequate as to them.