Case law

Stanton v. Galipeau

District Court, N.D. Indiana · Aug 31, 2022

The court must review the complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief … The complaint and attachments clearly establish that Mr. Stanton didn’t complete the grievance process in accordance with 42 U.S.C. § 1997e(a) before filing this lawsuit. Mr.

Aileen (Scott) Kruse v. James D. Scott

Indiana Court of Appeals · Feb 14, 2012

G. 3(G)(5)(b)(4),1 this commentary clearly indicates that lump-sum SSD payments to a custodial parent on behalf of the child may be applied against a support arrearage that predated the filing of a … The younger child was a full- time student, but she did not inquire about whether she qualified for continued benefits.

General Motors Acceptance Corp. v. Miller (In Re Miller)

13 B.R. 110 · United States Bankruptcy Court, S.D. Indiana · Jul 23, 1981

in a total amount of Four Thousand Nine Hundred Dollars ($4,900.00), but it makes no provision for the payment of reasonable interest to assure that plaintiff actually obtains the designated value of its collateral— and clearly … Here the plaintiff has sustained its burden of proof on the issue of debtors’ equity in the aforesaid Chevrolet half-ton truck, and the debtors have failed to sustain their burden of proof in establishing that the aforesaid

Daza v. State

331 F. Supp. 3d 810 · District Court, S.D. Indiana · Aug 31, 2018

Daza has not clearly set forth the provisions under which each of his claims are brought. … Daza's only response to this is that the older individual was not qualified to do the job, but his opinion that the older individual was not qualified is not evidence of discrimination, Johnson v.

Paul K. Ogden v. Stephen Robertson

Indiana Court of Appeals · Feb 21, 2012

Nor do we find merit in Ogden’s argument that his claim qualifies as an exception to the exhaustion requirement due to its complex nature. … First, if an employee establishes that “adequate independent consideration” supports the employment contract, the court will generally conclude that the parties intended to establish a relationship in which the employer

United Food & Commercial Workers Union Local 700 v. Kroger Co.

132 F. Supp. 2d 709 · District Court, N.D. Indiana · Feb 21, 2001

To establish a genuine issue of fact, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” … Local 700 seeks summary judgment in its favor, claiming that the CBAs do apply to the Owen’s stores because they replaced stores that Kroger closed and that, in any event, an arbitrator must decide whether the Owen’s stores qualify

BOYLAN v. BALL STATE UNIVERSITY

District Court, S.D. Indiana · Jul 31, 2019

Boylan—she was more qualified. Dkt. 55 at 25–26. Ball State argues that Dr. Boylan has not presented evidence that he was “clearly more qualified” than Dr. Westfall. Dkt. 67 at 2. Dr. … Boylan cannot establish pretext. Millbrook, 280 F.3d at 1181. Dr. Westfall also had the preferred qualification of being a CPA. Dr. Boylan’s credentials were not clearly superior to those of Dr. Westfall.

Ortho Pharmaceutical Corp. v. Chapman

180 Ind. App. 33 · Indiana Court of Appeals · Mar 29, 1979

This clearly reflects the assumption that prescription drugs will only be used under some supervision of a doctor. … The Patient Warning is clearly another matter, however.

Charles P. White v. State of Indiana

25 N.E.3d 107 · Indiana Court of Appeals · Dec 29, 2014

Pursuant to Indiana Code section 3-5-5-0.5, White’s son does qualify as immediate family. … To establish a post-conviction claim alleging violation of the Sixth Amendment right to effective assistance of counsel, a defendant must establish the two components set forth in Strickland v.

Robinson v. Turner

886 F. Supp. 1451 · District Court, S.D. Indiana · Feb 6, 1995

Would a letter from a state court to a guard qualify as official mail? … CONCLUSION Several of the Defendants have established that service of process was inadequate as to them.

Thompson Farms v. CORNO FEED PRODUCTS, ETC.

173 Ind. App. 682 · Indiana Court of Appeals · Aug 3, 1977

Until-promulgation of Trial Rule 59, Burns Indiana Statutes Annotated § 2-2401 established causes for a new trial. … Corno clearly qualifies as a lender in whose favor there is a security interest. IC 1971, 26-1-9-105(1) (i) (Burns Code Ed.).

Citizens Action Coalition of Indiana, Inc. v. Southern Indiana Gas & Electric Co.

45 N.E.3d 483 · Indiana Court of Appeals · Oct 29, 2015

Vectren evaluated several alternative compliance technologies that would allow the Brown, Culley, and Warrick units to comply with pollution limits established- in the MATS rule). NOV; and NPDES.... … An order from the Commission is presumed valid unless the contrary is clearly apparent. Citizens Action Coal. of Ind., Inc. v. N. Ind. Pub. Serv.

Manns v. Heckler

586 F. Supp. 1425 · District Court, N.D. Indiana · May 18, 1984

A period of disability was established for plaintiff, however, on June 21, 1982, he was notified that he was no longer considered under a disability as of June 1982. … To qualify for a period of disability and disability insurance benefits under Sections 216(i) and 223 of the Social Security Act, an individual must meet the insured status requirements of these sections, be under age 65,

Brier v. Centurion Health of Indiana

District Court, N.D. Indiana · Apr 23, 2025

court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … “[L]iability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” Gable v. Curtis, 673 N.E.2d 805, 810 (Ind. Ct.

In the Custody of: T.G. (Minor Child) and by J.D. (Father) v. M.G. and D.G., and Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Mar 7, 2019

While there is no doubt that Maternal Grandfather has been present for much of Child’s life, the evidence does not clearly and convincingly establish that Maternal Grandfather had been Child’s primary caregiver … Court of Appeals of Indiana | Memorandum Decision 18A-JC-1906 | March 7, 2019 Page 17 of 18 [24] In short, we conclude that to establish de facto custodian status, the evidence must establish more than simply

Cruse v. HOOK-SUPERX, INC.

561 F. Supp. 2d 993 · District Court, N.D. Indiana · Apr 11, 2008

If he establishes a prima facie case, the burden shifts to CVS to proffer a legitimate, nondiscriminatory reason for its action. Id. … Like the termination claim, in order to establish a prima facie case of failure to promote on the basis of race, Cruse must demonstrate that he 1) is a member of a protected class; 2) applied for and was qualified for a position

Marcus Lee McCain v. State of Indiana

Indiana Court of Appeals · Jan 6, 2020

However, the State argued that this did not matter because voluntary manslaughter was “still a qualifying offense” under Section 35-50-2-11(b). Id. at 164. … The judge’s finding that the killing was “cold-blooded” is clearly at odds with the jury’s finding that the killing was done in sudden heat.

Mario L. Sims v. Emily Taylor (mem. dec.)

Indiana Court of Appeals · May 11, 2018

The Dugan court held that these comments qualified for consideration as defamation per se because they were clearly “statements imputing criminal conduct or occupational misconduct.” Id. at 187. … A trial court abuses its discretion if its decision clearly contravenes the logic and effect of the facts and circumstances before it or if the trial court has misinterpreted the law. Id.

Desmond Turner v. State of Indiana

953 N.E.2d 1039 · Indiana Supreme Court · Sep 28, 2011

At several points during the trial, the judge allowed evidence over either the State‟s or Turner‟s objection with commentary indicating he clearly understood his role with regard to the evidence. … Later during Clifton‟s direct examination, the State established that at some point Turner‟s mother visited Clifton.

Mode v. Beasley

143 Ind. 306 · Indiana Supreme Court · Jan 10, 1896

“It is a well established principle that courts will take judicial notice of the history of the country and of the State. … In this we think they are clearly right. And if, by virtue of this provision, the petition must be filed with the board, it is equally true that the remonstrance must also be filed before the board of commissioners.