Case law

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).

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

659 F. Supp. 2d 1016 · District Court, S.D. Indiana · Sep 15, 2009

It concludes, therefore, that each qualifies as a “substantial offer” under Moriarty. … The lodestar establishes the amount of hours reasonably required to prosecute this action.

LEWIS v. HENDERSON

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

However, according to well-established precedent, the Fourteenth Amendment is not a "font of tort law to be superimposed upon whatever systems may already be administered by the States." Paul v. … Here, Officer Henderson's conduct is clearly less outrageous: he was not driving through a residential area at speeds greatly exceeding the limit, and he was merging onto an on-ramp to a major highway, which is not a place

NEW HORIZONS REHABILITATION, INC. v. STATE OF INDIANA

District Court, S.D. Indiana · Jul 19, 2019

To qualify for a design release, an applicant must have plans and specifications prepared by a registered architect or professional engineer. Ind. Code § 22-15-3-2(3). … In fact, Defendants do not clearly argue there is a heightened standing requirement for claims brought under those statutes.

NAPIER v. ORCHARD SCHOOL FOUNDATION

District Court, S.D. Indiana · Mar 7, 2023

Arguably, it more clearly demonstrates an ongoing pattern and practice of hiring the best qualified people, without regard to their gender2. 2 In addition, at the time of Mr. … Napier maintains that when he applied for rehiring he was clearly qualified for the position, and that Mr. Eble's reason for rejecting his application, i.e.

PAYNE v. CAMPBELL

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

Payne's Complaint establishes that she learned of the alleged constitutional violation no later than May 1, 2017, but she did not file her Complaint until July 11, 2019. [Filing No. 12 at 7 (citing Filing No. 1).] … Payne to an accurate crash report and that Defendants are entitled to qualified immunity. [Filing No. 17 at 6-10.] C.

In Re Greenwood Air Crash

924 F. Supp. 1518 · District Court, S.D. Indiana · Feb 3, 1995

At that time, Fritz clearly knew the location, speed, and altitude of the Saratoga and its position relative to its declared destination of the Greenwood Airport. … This section establishes a duty to issue a safety alert to aircraft under the ATC’s control.

ROSS v. CARTER

District Court, S.D. Indiana · Mar 31, 2022

"[A] preliminary injunction is an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it." Orr v. … SORNA established three tiers of sex offenders with escalating reporting requirements.

Dickinson v. Indiana State Election Board

817 F. Supp. 737 · District Court, S.D. Indiana · Dec 8, 1992

Prevailing Parties Threshold The plaintiffs here easily qualify as “prevailing parties.” … The remainder of the requested amount — $262.69—qualifies for out-of-pocket treatment under § 1988.

SWEAT v. NORTON

District Court, S.D. Indiana · Aug 18, 2023

As a practical matter, there are not enough lawyers willing and qualified to accept a pro bono assignment in every pro se case. See Olson v. … Sweat also alleges that Investigator Benefield "repeat[ed] what [the warden] stated, 'video [unavailable] for your viewing after describing what he could clearly see on each of the 3 videos."

Edgeworth v. First National Bank of Chicago

677 F. Supp. 982 · District Court, S.D. Indiana · Jan 20, 1988

Edgeworth seeks to step into the position of the Trust and rely on the Trust’s shareholder status to establish the requisite standing to sue derivatively. … The provision of the contract upon which the defendants rely does not create a remedy; it only establishes a right.

ATWOOD v. THOMPSON

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

The opening of an unlocked door is sufficient to establish that a breaking has occurred. Higgins v. State, 783 N.E.2d 1180, 1184 (Ind. Ct. App. 2003). … immunity.

WILDERNESS

District Court, S.D. Indiana · Jun 22, 2026

"[A] preliminary injunction is an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it." Orr v. … Wilderness could establish irreparable harm, he has not established that he is likely to succeed on the merits. "A movant's showing of likelihood of success on the merits must be strong." Tully v.

Hulman Foundation, Inc. v. United States

217 F. Supp. 423 · District Court, S.D. Indiana · Jul 27, 1962

January 20, 1956 provides that the same may be amended; and, WHEREAS, It has been determined by the parties hereto that it would be desirable and in the best interest of said Trust to amend said Trust Instrument so as to more clearly … It is the wish and aim of the Donor of this Trust, by the establishment of this Trust, to establish and maintain a place of meeting and assembling primarily for the use of educational, charitable and scientific organizations

Ball v. Versar, Inc.

454 F. Supp. 2d 783 · District Court, S.D. Indiana · Sep 5, 2006

That is clearly not the case. … The Trustees argue that the document clearly distinguishes between the Z-l remedy and the Additional Work described in Revised Exhibit A.

Grossbaum v. Indianapolis-Marion County Building Authority

909 F. Supp. 1187 · District Court, S.D. Indiana · Dec 15, 1995

Rice, 910 F.2d 1449, 1455-56 (7th Cir.1990) (en banc) (defendant decisionmaker testified as to his motive because defendants’ motive crucial in Equal Protection challenge even in qualified immunity analysis), and retaliation … The record clearly shows that the 1993 Policy on Seasonal Displays was adopted for the purpose of resolving legitimate concerns about the Establish- . ment Clause, not because the board was hostile to religion.

LUSTIG

District Court, S.D. Indiana · Feb 13, 2026

Each time, Lustig clearly answered that she was able to perform her job duties, other than paperwork: Q. … The possibility that Lustig might not become affiliated with another qualifying organization, or that her certification might be revoked or declined for renewal at some later date, is not enough to establish

WARREN v. WEXFORD OF INDIANA, LLC

District Court, S.D. Indiana · May 10, 2022

Kloth, 933 F.3d 696, 703 (7th Cir. 2019) ("Inmates have long had a clearly established right to be free from intentionally inflicted psychological torment and humiliation unrelated to penological interests.") … Rimmer, 936 F.3d 695, 710 (7th Cir. 2019) ("In an action under § 1983, the plaintiff must establish individual liability . . .

Kirkpatrick v. Liberty Mutual Group, Inc.

856 F. Supp. 2d 977 · District Court, S.D. Indiana · Mar 6, 2012

Increased joint pain, swelling & fatigue [illegible] joint swelling on exam Has a definitive diagnosis been established? … Neucks office if there was a definitive diagnosis established and Dr. Neuck [sic] indicated possible lupus.

WILLIAM JEFFREY BURNETT V. CONSECO LIFE INSURANCE COMPANY

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

Browne's experience as an applied economist does not qualify him. … The CNO Defendants have not clearly defined the "decidedly scurrilous opinions" that they seek to exclude, but they identify only Mr.