Case law

WEBSTER v. MHM HEALTH PROFESSIONALS LLC

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

The ADA prohibits employers from "discriminat[ing] against a qualified individual on the basis of disability." 42 U.S.C. § 12112(a). … Because Webster has not clearly articulated a legal theory under the FMLA, summary judgment is granted on her FMLA interference claim. D.

THORPE v. INDIANA ELECTRICAL WORKERS PENSION TRUST FUND, I.B.E.W.

District Court, S.D. Indiana · Sep 8, 2021

The fund’s intention not to overpay plan participants doesn’t establish that its decision to recoup an alleged overpayment from Mr. … Even if that is correct, the QDRO’s terms clearly establish responsibility for any overpaid benefit that needs to be offset; Mr. Thorpe is the one who must hold in trust and disburse benefits that belonged to Ms.

SHORTER v. HENDRIX

District Court, S.D. Indiana · May 25, 2021

That qualifies you as a security threat." Dkt. 12 at 8. Since his return to WVCF, Mr. … "[D]ismissal under Rule 12(b)(6) on the basis of a limitations defense may be appropriate when the plaintiff effectively pleads [himself] out of court by alleging facts that are sufficient to establish the defense."

Eli Lilly & Co. v. Zenith Goldline Pharmaceuticals, Inc.

364 F. Supp. 2d 820 · District Court, S.D. Indiana · Apr 14, 2005

After extensive testing, Lilly determined that the effect in dogs appeared to be an immune response and “idiosyncratic” in nature, meaning it occurred due to the unusual sensitivity in individual dogs. … [Defendant] has not shown the underlying findings of fact to be clearly erroneous”). 163.

GASKINS v. United States

District Court, S.D. Indiana · Jan 8, 2021

The government agreed to move to dismiss the felon in possession of firearms charge (Count Two) and, although Gaskins had several qualifying prior convictions, the government agreed to allege only one prior offense in the … During the sentencing portion of the hearing, her counsel acknowledged that "Gaskins readily admitted conduct that exceeded 5 kilograms in an immunized statement." Id., p. 23.

MYERS v. STATE OF INDIANA

District Court, S.D. Indiana · May 29, 2020

The respondent argues that it is likely to succeed on appeal because the state appellate court reasonably applied Strickland and "there is no clearly established 'cumulative-error doctrine.'" … The Court is not persuaded by these arguments, particularly the argument that there is no clearly established "cumulative-error doctrine."

Wickens v. Shell Oil Co.

569 F. Supp. 2d 770 · District Court, S.D. Indiana · Aug 1, 2008

Each of these two stages of work was clearly litigation driven. … Shere has established that he is adept at interpreting and enforcing the relevant environmental statutory provisions.

Coleman v. Astrue

661 F. Supp. 2d 1016 · District Court, S.D. Indiana · Sep 30, 2009

Standard for Disability In order to qualify for disability benefits under the Act, Plaintiff must establish that she suffers from a “disability” as defined by the Act. … However, the May 30, 2006 record that the ALJ relied on (R. 214) clearly indicates that Plaintiff suffered from uncontrolled diabetes mellitus with proliferative retinopathy, and it indicates that while Plaintiff herself

Yasuda Fire & Marine Insurance Co. of America v. Lake Shore Electric Corp.

744 F. Supp. 864 · District Court, S.D. Indiana · Jul 31, 1990

The effect of subrogation: The doctrine of subrogation has been well established as a part of Indiana’s common law for many years. … One of the well established canons of construction, known as the Rule of the Last Antecedent, holds that qualifying words or phrases must be applied to the words or phrase immediately preceding them and are not to be construed

Serio v. Jojo's Bakery Restaurant

102 F. Supp. 2d 1044 · District Court, S.D. Indiana · Feb 1, 2000

FMLA “Entitlement” Claim The Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., establishes two categories of broad protections for employees. … An important caveat operates to qualify the protections afforded by the FMLA, and one that the parties failed to identify in their summary judgment submissions.

Avila v. Bronger Masonry, Inc.

123 F. Supp. 3d 1088 · District Court, S.D. Indiana · Aug 12, 2015

There are requirements regarding the number of hours an employee must work to be qualified for coverage under the health and welfare plan, otherwise the employee may make a self-payment to be insured under the plan. . … Conclusion The Seventh Circuit has emphasized that “a preliminary injunction is an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it.” Girl Scouts, 549 F.3d at 1085 .

MCI COMMUNICATIONS SERVICES, INC. v. PEI PIPELINE SERVICES, LLC

District Court, S.D. Indiana · Feb 3, 2020

rudimentary that pleading requirements in the federal courts are governed by the federal rules and not by the practice of the courts in the state in which the federal court happens to 1 In fact, PEI’s own arguments establish … PEI states that, “[w]ithout question, MCI’s fiber-optic cable . . . qualifies as a ‘facility’ under DUFA,” and, “MCI clearly qualifies as an ‘operator’ under DUFA.” [Filing No. 19 at 5 (citing Filing No. 15).]

Rhino Linings USA, Inc. v. Harriman

658 F. Supp. 2d 892 · District Court, S.D. Indiana · Sep 29, 2009

Neither provides the specific facts needed to establish a fact beyond reasonable dispute. See Fed.R.Civ.P. 56(e). … This provision clearly did not mean that Rhino was free to ignore its dealers’ exclusive territories. The provision allowed solicitation of business.

DASILVA v. INDIANA HOUSE OF REPRESENTATIVES

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

5 Because the Court has granted Attorney General Hill’s Motion to Dismiss the federal claims brought against him in his individual capacity, it need not address his additional argument that he is entitled to qualified … immunity in connection with those claims.

HOBBS

District Court, S.D. Indiana · Feb 11, 2026

[and] a single instance of a constitutional violation caused by the policy suffices to establish municipal liability." Id. (cleaned up). … This evidence is not sufficient to allow a reasonable jury to conclude that CoreCivic's informal rule of allowing medical personnel to determine if an inmate had a medical need for a bottom bunk was a clearly unconstitutional

MCNUTT v. MYERS-HOLUM, INC.

District Court, S.D. Indiana · Feb 11, 2025

"[T]o establish a claim for failure to accommodate, a plaintiff must show that: (1) [s]he is a qualified individual with a disability; (2) the employer was aware of her disability; and (3) the employer failed to reasonably … McNutt qualified as an FMLA-eligible employee under 29 U.S.C. § 2611 given that other issues are more clearly dispositive of Ms. McNutt's claim.

United States v. Oakley

731 F. Supp. 1363 · District Court, S.D. Indiana · Feb 23, 1990

Clearly, the government may base a decision to conduct a warrant-less search of a prisoner’s body on legitimate concerns about that prisoner’s health. … Wolfish, I conclude that the government has met its burden of establishing the reasonableness of the search. Each of the four Wolfish factors are discussed below.

LACRUZE v. ZATECKY

District Court, S.D. Indiana · Sep 27, 2023

LaCruze's constitutional rights, the Court need not address the defendants' qualified immunity argument. Sparing v. … Village of Olympia Fields, 266 F.3d 685, 688 (7th Cir. 2001) (the first step of a qualified immunity determination is whether the plaintiff has shown the violation of an actual constitutional right).

PARSLEY v. VANIHEL

District Court, S.D. Indiana · Mar 25, 2025

United States District Judge Southern District of Indiana 3 The Court therefore does not address whether Defendants are entitled to qualified … immunity. 14 Distribution: All ECF-registered counsel of record via email CLARENCE BURTON

Gordon v. Southern Bells, Inc.

67 F. Supp. 2d 966 · District Court, S.D. Indiana · Sep 30, 1999

In short, he was not entrusted with any of the necessary powers to qualify as a “supervisor” under Title VII. See Parkins, 163 F.3d at 1034 . … Clearly, the actions taken by Southern Bells that constituted “adverse actions,” occurring in the close temporal relationship to Gordon’s complaints are sufficient to establish a causal nexus and suffice to allow Gordon to