Case law

NOVIT v. METROPOLITAN SCHOOL DISTRICT OF WARREN TOWNSHIP

District Court, S.D. Indiana · Dec 21, 2022

However, the Court agrees that his testimony establishes that Dr. … All parties agree that White is not qualified to testify on medical matters.

WHOLE WOMAN'S HEALTH ALLIANCE v. ROKITA

District Court, S.D. Indiana · Feb 19, 2021

While it may be established that Ms. … It clearly misstates the proffered opinion of Dr.

Hartke v. Roudebush

321 F. Supp. 1370 · District Court, S.D. Indiana · Mar 22, 1971

Further, the election laws provide that after tallying the vote, each local election board must place in separate envelopes, clearly marked, all of the ballots which it counted, and all of the ballots which it did not count … The history of the doctrine reveals that it was established in the constitutional law of England in the year of 1586, during the reign of Queen Elizabeth. * * ‘Provisions guaranteeing this right are to be found in the federal

Simon Property Group L.P. v. Mysimon, Inc.

104 F. Supp. 2d 1033 · District Court, S.D. Indiana · Jun 7, 2000

It has established web sites to provide information about its malls and the retailers who operate brick- and-mortar stores in them. … As explained, the court believes the answer is clearly no. 10 II.

JAMES v. NATIONAL BOARD OF OSTEOPATHIC EXAMINERS INC.

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

The plaintiff has the burden of establishing these elements and therefore must "clearly allege facts demonstrating each element." Spokeo, 578 U.S. at 338. Ms. … "Unlike with damages, a past injury is insufficient to establish standing for purposes of prospective injunctive relief." Id.

HARRIS-HARDEN v. United States

District Court, S.D. Indiana · Nov 17, 2022

To demonstrate ineffective assistance of counsel, a petitioner must satisfy a two-step standard established in Strickland v. Washington, 466 U.S. 668 (1984). Thurston v. … Similarly, she has not shown or alleged that, in fact, she qualified for the safety valve. The record in the criminal case clearly demonstrates that Ms.

DARDEN v. MARTINI

District Court, S.D. Indiana · Jul 31, 2024

In cases involving the conditions of confinement in a prison, two elements are required to establish a violation of the Eighth Amendment's prohibition against cruel and unusual … As a practical matter, there are not enough lawyers willing and qualified to accept a pro bono assignment in every pro se case. See Watts v.

Jorling v. Anthem, Inc.

836 F. Supp. 2d 821 · District Court, S.D. Indiana · Dec 23, 2011

The appellate court found that although the mutual interests given up by the plaintiff class were not “covered securities” under SLUSA’s definition, the stock they received clearly was. Id. at 877 . … Mukasey, 535 F.3d 639, 649 (7th Cir.2008) ("Under well-established principles of appellate procedure, we shall not consider arguments raised for the first time at oral argument; the Government therefore has forfeited this

MULLINS v. MILLER

District Court, S.D. Indiana · Aug 23, 2021

Mullins's "foot and knee issues," dkt. 6 at 4, do not establish that he is disabled under the ADA because his complaint does not explain those issues or how they affect his ability to work. Dkt. 18 at 4. Mr. … Mullins does not clearly state that he informed Defendants that he was disabled and "acknowledges that he was not meeting his employer's legitimate expectations" in his complaint. Dkt. 18 at 4. Mr.

Potter v. ICI Americas, Inc.

103 F. Supp. 2d 1062 · District Court, S.D. Indiana · Oct 4, 1999

These averments do not qualify even as the “bare assertions” found suffi- *1067 dent in Wilczynski, Adamczyk, Allen, and Tarver . … Clearly, the process encourages “private rather than judicial resolution” of disputes. Kross, 701 F.2d at 1246 .

HALE v. REAGLE

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

Clearly established federal law "includes only the holding, as opposed to the dicta, of [the Supreme] Court's decisions." Woods v. Donald, 575 U.S. 362, 405−06 (2015). … No reasonable jurist could conclude that the Indiana Court of Appeals decision "was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United

WILLSEY v. UNITED STATES OF AMERICA

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

The plaintiff bears the burden of establishing subject-matter jurisdiction. Craig v. Ontario Corp., 543 F.3d 872, 876 (7th Cir. 2008). … In any case, the Foreign Sovereign Immunities Act "holds foreign states and their instrumentalities immune from the jurisdiction of federal and state courts," save exceptions not relevant here. Opati v.

GIBSON v. CENTURION HEALTH OF INDIANA/MHM SERVICES, INC.

District Court, S.D. Indiana · Sep 15, 2023

The statute, however, applies only to "employers"; it is well established that Title VII claims cannot be brought against individuals in their individual capacity. Williams v. … ADA Claims The ADA prohibits employers from discriminating against qualified individuals on the basis of a disability.

CUNNINGHAM v. AUSTIN

District Court, S.D. Indiana · Dec 1, 2023

It is well-established that an employer may hire someone it believes is best qualified for a position. Scruggs v. … Cunningham has not produced evidence to show that she was either clearly or significantly better qualified than Mr. Griffin.

NEW ALBANY DVD, LLC v. City of New Albany, Indiana

362 F. Supp. 2d 1015 · District Court, S.D. Indiana · Jan 3, 2005

Linz, testified that no study has ever been conducted establishing and linking retail-only establishments to adverse secondary effects, perhaps for the reason that this type of store, i.e., strictly retail sales, is a relatively … The City has established through this evidence the first prong of the Renton test for the following reasons.

LEE v. IPPEL

District Court, S.D. Indiana · Sep 12, 2022

Rimmer, 936 F.3d 695, 710 (7th Cir. 2019) ("In an action under § 1983, the plaintiff must establish individual liability . . . … May 30, 2017) ("Courts have consistently held that skin conditions without other symptoms do not qualify as serious medical needs.") (collecting cases).

WINDOM v. STAMPER

District Court, S.D. Indiana · Jan 5, 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 state a claim under the Rehabilitation Act, a plaintiff must allege that he is a qualified person with a disability and that prison officials denied him access to a program or activity because of his disability.

Dominguez v. Syntex Laboratories, Inc.

149 F.R.D. 158 · District Court, S.D. Indiana · Feb 12, 1993

The deposition testimony clearly indicates the Cincinnati report was not a basis, ground or “input” for the testifying expert’s opinion and that the report was never even considered. … Defendant has not established it is unable to obtain this information from another source or examination.

HOTEP-EL v. CARTER

District Court, S.D. Indiana · Jan 19, 2021

In order to invoke the protections of the due process clause, a litigant must first establish the existence of a liberty or property interest. … The Seventh Circuit has clearly indicated that a prisoner has no property or liberty interest in prison employment. Wallace v.

FELDER v. STAFFING INDUSTRY ANALYSTS

District Court, S.D. Indiana · Jun 2, 2023

better qualified for the position at issue." … The evidence adduced by Defendant establishes that during the interview process Mr. Holland and Ms.