Case law

Clay v. Schwan's Home Service, Inc.

458 F. Supp. 2d 876 · District Court, S.D. Indiana · Aug 23, 2006

statements, behavior towards other employees and so on; (2) evidence, but not necessarily rigorous statistical evidence, that similarly situated employees were treated differently, or (3) evidence that the employee was qualified … Plaintiff clearly meets the *887 first prong of his prima facie case, as he is a member of a protected class.

Nein v. Greater Clark County School Corp.

95 F. Supp. 2d 961 · District Court, S.D. Indiana · Apr 17, 2000

The uncontroverted testimony of the experts on dyslexia clearly establishes that to benefit educationally Student requires an intensive program of individualized, integrated, multi-sensory sequential training. … Testimony of the experts on dyslexia clearly establishes that to benefit educationally Student requires an intensive program of individualized, integrated, multi-sensory sequential training.]

NA MAIN STREET LLC v. COOK

District Court, S.D. Indiana · Dec 22, 2020

The statute imposes no such food sales quotas on local establishments. … Thus, NA Main Street LLC clearly faces a concrete risk that its alcoholic beverage retailer's permit will be revoked. See Indiana Fine Wine & Spirits, 459 F.

SCHWARTZ v. ANTHEM INSURANCE COMPANIES, INC.

District Court, S.D. Indiana · Mar 9, 2021

In August 2017, J.S.’s doctors recommended that she be prescribed Synagis, an antibody used to immunize children against respiratory syncytical virus, because her premature birth had resulted in a compromised immune system … That is clearly not what Congress intended. See e.g., Creel v. Fortis Benefits Ins. Co., 2000 U.S. Dist. LEXIS 20008, at *8 (S.D. Ind. Dec. 27, 2000).

REITER v. NOEL

District Court, S.D. Indiana · Aug 11, 2023

McQueen, 818 F.3d 309, 318 (7th Cir. 2016) (stating that a prosecutor's actions with respect to investigative tasks are entitled only to qualified immunity). … That same day, Captain Burton was provided documentation establishing Plaintiffs' rightful ownership of the disputed property, "order[ing]" all concerned to follow Mr.

Product Action International, Inc. v. Mero

277 F. Supp. 2d 919 · District Court, S.D. Indiana · Aug 5, 2003

QIS qualifies as a “Competitive Business” under the non-competition agreement because QIS is a “company, entity, or business that is engaged in providing quality control assistance or services to manufacturers.” … Yet that is precisely what the Smart Corp. majority did, while acknowledging in footnote 1 how difficult it was to reconcile its approach with the well-established boundaries of the blue pencil doctrine.

PASSMORE v. INDIANA DEPARTMENT OF CORRECTIONS

District Court, S.D. Indiana · Aug 17, 2023

But individuals cannot sue state agencies like the IDOC under Monell due to the Eleventh Amendment to the United States Constitution and the doctrine of sovereign immunity. Will v. … "A plaintiff seeking damages for negligence must establish (1) a duty owed to the plaintiff by the defendant, (2) a breach of the duty, and (3) an injury proximately caused by the breach of duty." Pfenning v.

Mahler v. United States Forest Service

927 F. Supp. 1559 · District Court, S.D. Indiana · Jun 7, 1996

At most, this recommendation provides some qualified support for Mahler’s view that the pine stands should be allowed to deteriorate on their own. … The words “take” and “kill” were used in a context that clearly focused on hunting, trapping, and poaching.

HARRIS

District Court, S.D. Indiana · Aug 14, 2026

In 2016, Harris publicly dissented from the Democratic party establishment by refusing to support Hillary Clinton and throwing his support behind Bernie Sanders and Jill Stein. Id. at 6. … Harris generally alleges that all the defendants were in some way involved in a conspiracy to surveil and harass him but does not clearly articulate the specific actions of the defendant's that will cause them liability

Knierim v. United States Government Department of the Navy

802 F. Supp. 2d 965 · District Court, S.D. Indiana · Jul 14, 2011

Rushing has published number of academic articles in his field and has been qualified previously as an expert witness numerous times in federal court as well as the Illinois Supreme Court. … The FTCA allows for a limited waiver of sovereign immunity and the imposition of liability “under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the

TAYLOR v. ZATECKY

District Court, S.D. Indiana · Mar 28, 2023

immunity. … The Commissioner is sued in her official, rather than individual, capacity and qualified immunity does not apply to official- capacity claims. Wagoner v.

RODRIGUEZ

District Court, S.D. Indiana · Jan 20, 2026

Rodriguez's Fourteenth Amendment claims.1 1 Because the Court grants the Defendants' motion on substantive grounds, the Court need not analyze whether the Defendants are entitled to qualified immunity. … "'To recover damages under § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.'" Whitfield v.

O'Neill v. Indiana Commission on Public Records

149 F. Supp. 2d 582 · District Court, S.D. Indiana · Apr 17, 2001

follows: The term “employee” means an individual employed by an employer, except that *587 the term “employee” shall not include any person elected to public office in any State or political subdivision of any State by the qualified … O’Neill clearly engaged in statutorily protected activity when filing a formal complaint with State Personnel regarding gender discrimination on July 2, and she suffered an adverse employment action in the form of termination

Nelson v. IPALCO Enterprises, Inc.

480 F. Supp. 2d 1061 · District Court, S.D. Indiana · Mar 28, 2007

In 1960, before the establishment of IP-ALCO as a holding company, Indianapolis Power & Light Company established the Employees’ Thrift Plan of Indianapolis Power & Light Company (“the Thrift Plan” or “the Plan”). … (The vast majority of the relevant stock options were “non-qualifying” for federal income tax purposes.)

GREENBANK v. GREAT AMERICAN ASSURANCE COMPANY

District Court, S.D. Indiana · Aug 11, 2020

Clearly, a number of the claims raised in this litigation and resolved on summary judgment were based on our determination that the underlying facts were material, were supported by competent, uncontroverted record evidence … Greenbank would have been required to qualify her admissions at summary judgment or differentiate between the facts found at summary judgment (which are binding at trial) and those underlying the unresolved claims for

Eco Manufacturing LLC v. Honeywell International, Inc.

295 F. Supp. 2d 854 · District Court, S.D. Indiana · Jun 20, 2003

To establish the defense of fraud, however, Eco must also establish by clear and convincing evidence that Honeywell knew it was making false statements to the PTO and that it did so willfully, with intent to deceive. … In the course of developing its product, Eco consulted qualified counsel.

Midwestern Gas Transmission Co. v. McCarty

120 F. Supp. 2d 1155 · District Court, S.D. Indiana · Nov 13, 2000

The Indiana Commissioners have moved to dismiss on the basis of Eleventh Amendment immunity for states and their officials acting in their official capacity. … This clearly presents a situation of ... vital interest to the State of Michigan.” Id., at 334 , 117 S.Ct. 811 .

HENDERSON v. United States

District Court, S.D. Indiana · Aug 5, 2022

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). … Indeed, it does not appear that he could demonstrate that sufficiency of the evidence was a "clearly stronger" issue likely to result in reversal.

Foos v. Taghleef Industries, Inc.

132 F. Supp. 3d 1034 · District Court, S.D. Indiana · Sep 22, 2015

LeCour’s December 10, 2013 email to Bryan Jackson clearly establishes her retaliatory or discriminatory animus.” [Filing No. 73 at 28-29.] … Handbook when she disclosed his confidential medical records, that this constituted an adverse employment action, and that “[t]he evidence clearly establishes that employees who exercised their statutory rights to FMLA/[short-term

RODGERS-ROUZIER v. AMERICAN QUEEN STEAMBOAT OPERATING COMPANY, LLC

District Court, S.D. Indiana · Mar 18, 2022

Rodgers-Rouzier qualifies a seaman for purposes of Section 1 of the FAA and cannot be compelled to arbitrate under this statute. Dkt. 97 at 11.2 On March 31, 2021, Ms. … Rodgers-Rouzier clearly contests the validity of the arbitration agreements.