Case law

Daza v. State

331 F. Supp. 3d 810 · District Court, S.D. Indiana · Aug 31, 2018

Daza has not clearly set forth the provisions under which each of his claims are brought. … Daza's only response to this is that the older individual was not qualified to do the job, but his opinion that the older individual was not qualified is not evidence of discrimination, Johnson v.

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.

BOYLAN v. BALL STATE UNIVERSITY

District Court, S.D. Indiana · Jul 31, 2019

Boylan—she was more qualified. Dkt. 55 at 25–26. Ball State argues that Dr. Boylan has not presented evidence that he was “clearly more qualified” than Dr. Westfall. Dkt. 67 at 2. Dr. … Boylan cannot establish pretext. Millbrook, 280 F.3d at 1181. Dr. Westfall also had the preferred qualification of being a CPA. Dr. Boylan’s credentials were not clearly superior to those of Dr. Westfall.

Carter v. State Farm Fire & Casualty Co.

850 F. Supp. 2d 946 · District Court, S.D. Indiana · Feb 8, 2012

In this case, Defendants assert fraudulent joinder based on the lack of substantive viability of the claims and on the fact that those claims would clearly be time-barred by the applicable statute of limitations. … If the case goes to trial, the plaintiff must establish the facts in avoidance of the statute of limitations.” Nichols v.

Irving Materials, Inc. v. Coal, Ice, Building Material & Supply Drivers, Heavy Haulers, Warehousemen & Helpers, Local 716

779 F. Supp. 968 · District Court, S.D. Indiana · Jan 3, 1992

Vernon’s award therefore does not violate any established law or legal precedent. See id. at 44. 18 Irving also has failed to show that Morris is not a “safe driver.” … If they fail to agree within five (5) working days from the date of said written notice, they shall jointly request the Federal Mediation and Conciliation Service to furnish a list of five (5) persons qualified to act as

Cantwell v. Hudnut

419 F. Supp. 1301 · District Court, S.D. Indiana · Sep 9, 1976

Plaintiffs contend this is a 39% dilution and clearly impermissible. … Based upon the 1970 census the four at-large councilmen would qualify to serve on the special district councils under IC 18 — 4^1-2(m) as amended. The 1970 data is all that is currently available. 5 .

THOMPSON v. MAJCHROWICZ

District Court, S.D. Indiana · Apr 13, 2022

Here, based on the preliminary injunction that Thompson sought, his goal is clearly to set aside or at least bar the enforcement of the state court's order. … The second ground is the "improper purpose clause," which establishes that an action may not be taken to delay, harass, or increase litigation costs. See id.

SADDI

District Court, S.D. Indiana · Jul 17, 2026

Saddi's claim fails because she has not shown that she is a qualified individual with a disability. … comes upon the scene of an emergency or accident . . . or is summoned to the scene of an emergency or accident and, in good faith, gratuitously renders emergency are at the scene of the emergency or accident is immune

MARSHALL v. ANDIS

District Court, S.D. Indiana · Mar 5, 2025

But the designated evidence clearly shows that the other inmate ignored Sgt. Kaffenberger's order to get down on the ground, instead opting to attack Mr. Marshall. … immunity.

JOHNSON v. CLARK COUNTY SHERIFF

District Court, S.D. Indiana · Jun 27, 2022

. § 1915A(b), the Court must dismiss the complaint, or any portion of the complaint, if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such … To establish a violation of Title II of the ADA, "the plaintiff must prove that he is a qualified individual with a disability, that he was denied the benefits of the services, programs, or activities of a public entity

SPARGER-WITHERS v. TAYLOR

District Court, S.D. Indiana · Feb 7, 2024

There was no absolute immunity for prosecutors. Kalina v. … Clearly the Constitution is roomy enough to allow for policies that do not fit with modern orthodoxy.

COUCH v. United States

District Court, S.D. Indiana · Mar 29, 2024

If a petitioner cannot establish one of the Strickland prongs, the Court need not consider the other. Groves v. United States, 755 F.3d 588, 591 (7th Cir. 2014). … Couch argues that Love holds that Indiana battery resulting in bodily injury is not a crime of violence, but Love clearly states that a touching resulting in bodily injury, which is required by the statute, "is enough for

ANDERSON FEDERATION OF TEACHERS v. ROKITA

District Court, S.D. Indiana · Mar 30, 2023

with a checklist of the immunizations the child refused for religious reasons. … The court reasoned that the statement merely outlined the government's position on immunizations and did "not require the plaintiffs to affiliate" with the immunization statement. Id. at 619.

Lidy v. Sullivan

745 F. Supp. 1411 · District Court, S.D. Indiana · Aug 27, 1990

Moreover, the record establishes that the claimant cannot perform her past relevant work. … It is significant that the Yuckert Court did not qualify this by speaking in terms of a burden of production, nor did it go on to state, as the Secretary would like to hear, that the “ultimate burden” shifts back to the claimant

HOOK v. NORVELL

District Court, S.D. Indiana · May 26, 2020

In Response, Hook points out that her Complaint clearly articulates as to each individual Defendant their personal actions which resulted in their being named in this action. … In her response, Hook does not directly address the Defendants' immunity argument.

Lurz v. United States Parole Commission, Department of Justice

659 F. Supp. 441 · District Court, S.D. Indiana · Mar 30, 1987

“The question of abstractness or the concreteness of issues in the ripeness doctrine is clearly akin to the specific personal injury component of the standing doctrine.” Id. … The differences in the doctrines are a matter of degree, with the prudential concerns establishing a higher barrier.

BOWLING v. NETFLIX, INC.

District Court, S.D. Indiana · Mar 30, 2023

threat" of litigation, which can be shown by objective facts establishing an identifiable resolve to litigate. … In addition, to be subject to work product immunity, the documents at issue must have been created in response to "a substantial and significant threat" of litigation, which can be shown by "'objective facts establishing

GEORGE v. INDIANA GAMING COMMISSION

District Court, S.D. Indiana · Apr 6, 2021

The motion "will be successful only where the movant clearly establishes: (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence precluded entry of judgment." … [t]he evidence supports the Defendant's contention that Quist, Brady's hire for the position in 2018, was better qualified for that position.

OLSON

District Court, S.D. Indiana · Sep 8, 2026

However, Olson's response brief clearly identifies his disability as Attention-Deficit/Hyperactivity Disorder, and the Court is free to consider materials or elaborations in a response brief "so long as those materials … (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing

Williams v. Wellman Thermal Systems Corp.

684 F. Supp. 584 · District Court, S.D. Indiana · Apr 14, 1988

The purpose of ERISA is to prescribe minimum vesting and accrual standards for qualifying employee retirement benefit plans; to establish minimum rules for employee participation and plan funding; to delineate fiduciary standards … If the parties clearly express their intent in their documents, no genuine issue of material fact would preclude a grant of summary judgment.