Case law

STEWART v. United States

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

He argues that counsel failed "to introduce evidence establishing that the canine sniff resulted in a negative result, and that the canine was not qualified to detect the type of controlled substances allegedly … He therefore has not established prejudice from any error in the jury instructions.

Shepard v. Meridian Ins. Group, Inc.

137 F. Supp. 2d 1096 · District Court, S.D. Indiana · Apr 10, 2001

Although Option 1 offers the prospect of immunity from any shareholder challenge to the proposed merger in court, defen *1105 dants in this case have not advocated this approach. … Also, the latter statement was part of the court’s explanation of the remedy, and the court clearly contemplated a direct claim, not a derivative claim.

BLOCK v. ETHICON, INC.

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

While Defendants clearly disagree with Dr. … Clearly, Dr. Margolis is prohibited from offering opinions not properly disclosed in his expert reports. See Fed. R. Civ.

CENSKE v. United States

District Court, S.D. Indiana · Dec 30, 2022

APPLICABLE LAW "Motions in limine are well-established devices that streamline trials and settle evidentiary disputes in advance, so that trials are not interrupted mid-course for the consideration … The court excludes evidence on a motion in limine only if the evidence clearly is not admissible for any purposes. See Hawthorne Partners v. AT&T Tech., Inc., 831 F. Supp. 1398, 1400 (N.D. Ill. 1993).

VIVIANS v. LOWE

District Court, S.D. Indiana · Dec 22, 2021

The Court issued a Scheduling Order on November 24, 2020, which established a discovery deadline of May 21, 2021, and a dispositive motion deadline of June 25, 2021. [Filing No. 17.] … Vivians' apprehension, [Filing No. 20 at 6]; (2) "Detective Lowe could not have used excessive force, because he did not use any force at all," [Filing No. 20 at 5]; and (3) Detective Lowe is entitled to qualified immunity

Hine v. Extremity Imaging Partners, Inc.

773 F. Supp. 2d 788 · District Court, S.D. Indiana · Feb 25, 2011

But if it is clear that a plaintiff will be unable to satisfy the legal requirements necessary to establish his or her case, summary judgment is not only appropriate, but mandated. … While such a comment by Beluk was clearly sexist, unprofessional and likely unwelcome, Hine clearly did not interpret it as being severe or humiliating or suggestive of illicit conduct to obtain business. 4 .

PARTIN v. BAPTIST HEALTHCARE SYSTEM, INC. d/b/a BAPTIST HEALTH FLOYD

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

"[I]t must clearly appear that it was the purpose or a purpose of the contract to impose an obligation on one of the contracting parties in favor of the third party. … Accordingly, the uncontroverted evidence establishes that Dr. Marksbury is entitled to the protections of a qualified privilege.

GERLACH v. ROKITA

District Court, S.D. Indiana · Mar 29, 2023

The Defendants then, in reply, further explained their reasoning why the individuals were immune from suit. (Filing No. 41 at 17.) … Where claims are in fact against the State, Eleventh Amendment immunity from suit has been held to apply. (Filing No. 33 at 12–15.)

THOMAS v. I.U. HEALTH RILEY CHILDREN'S HOSPITAL

District Court, S.D. Indiana · Jun 29, 2021

With respect to the first inquiry of the two-step test, Thomas clearly satisfied the "requisite skill, experience, education, and other job-related requirements" of the Surgical Nurse position in the Perioperative Department … In order for Thomas to establish a prima facie case of IU Health's failure to accommodate in accordance with the ADA, she must show that: (1) she is a qualified individual with a disability; (2) the employer was aware

WESTFIELD INSURANCE COMPANY v. WILLIAM B. BURFORD PRINTING COMPANY, INC.

District Court, S.D. Indiana · Jun 15, 2020

Westfield vigorously contends that the Schedule establishes that Mr. … Burford Printing disagrees that the Schedule clearly establishes its rights as an insured.

Community Pharmacies of Indiana, Inc. v. Indiana Family & Social Services Administration & Its Subdivision

816 F. Supp. 2d 570 · District Court, S.D. Indiana · Sep 14, 2011

Here, the size of the Fee Reduction clearly blindsided Indiana pharmacists. … While it may seem harsh, the Methodist and Gamer decisions clearly establish that the State should be given the opportunity to implement the Fee Reduction, police the situation, and adjust the formula as necessary to ensure

United States v. Justice

881 F. Supp. 387 · District Court, S.D. Indiana · Dec 5, 1994

This matter is currently before the Court on the Defendant’s Motion to Suppress Testimonial and Physical Evidence, and he has signed a qualified plea that is conditioned on the outcome. *389 I. … First, any items which were found during the unlawful search of Justice’s van are clearly inadmissible as the fruit of the poisonous tree.

Whole Woman's Health Alliance v. Hill

388 F. Supp. 3d 1010 · District Court, S.D. Indiana · May 31, 2019

Indiana Code § 16-21-2-11 establishes the requirements for applying for and receiving a license. … Code § 16-21-1-7 (cited at Compl. ¶ 82(b)) which establish "minimum license qualifications"; prescribe policies for maintaining medical records; establish procedures for the issuance, renewal, denial, and revocation of licenses

RODRIGUEZ

District Court, S.D. Indiana · Apr 3, 2026

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." … To show a failure to accommodate under Title II of the ADA, a plaintiff must only show that: he is a qualified individual with a disability; the defendant was aware of his disability; and the defendant failed to reasonably

Auto-Owners Insurance v. Powell

757 F. Supp. 965 · District Court, S.D. Indiana · Feb 14, 1991

The pending action in connection with which the admission was made has, as noted above, been dismissed, and Trial Rule 36 indicates quite clearly that the admission should have no preclusive effect against Auto-Owners in … To say in such a situation that his relationship qualified him as being “in” or “upon” the van would be to drain those terms of meaning, and it would also apparently swallow up those situations in which a person could be

JOLLEY v. UNITED STATES OF AMERICA

District Court, S.D. Indiana · Oct 14, 2021

Jolley alleges that USERRA requires federally employed veterans to pursue relief before the MSPB, "which has administrative judges not constitutionally qualified" under the criteria established in Lucia v. … He asks the Court to "decide that the administrative judges" must be qualified under the criteria established in Lucia and order that "decisions previously made by constitutionally unqualified administrative judges" after

Caldwell v. Barnhart

460 F. Supp. 2d 922 · District Court, S.D. Indiana · May 11, 2006

. *924 III.Standard for Disability In order to qualify for disability benefits under the Act, plaintiff must establish that he suffers from a “disability” as defined by the Act. … O’Koon found no evidence to establish the presence of the “C” criteria.

RICHARDS v. ELI LILLY & COMPANY

District Court, S.D. Indiana · Mar 25, 2024

Richards alleges a common policy or plan of willfully promoting younger, less qualified employees over older, more qualified employees. … I believe I was qualified for the role and was passed over for a less qualified, younger applicant.

Estate of Eiteljorg Ex Rel. Eiteljorg v. Eiteljorg

813 F. Supp. 2d 1069 · District Court, S.D. Indiana · Sep 27, 2011

The JN Trust became a qualified terminable interest property trust upon Harrison’s death, with Sonja as its lifetime income beneficiary and Nick and Jack as remaindermen. Id. ¶8. … Here, the survivor was Sonja, whose July 1, 2003 death clearly transpired after the Key Date.

Union Carbide Corp. v. State Board of Tax Commissioners

161 F.R.D. 359 · District Court, S.D. Indiana · Dec 8, 1993

To the extent that property values are relevant in this case— e.g., in order to establish the . … Burlington-Blackfeet, 924 F.2d at 901 n. 2 (the issue before the court was whether sovereign immunity barred the suit).