Case law

Twomey v. Land

District Court, N.D. Indiana · Oct 13, 2020

Deliberate indifference can also be established based on a single incident that was a “highly predictable consequence” of a failure to provide specific training. Id. at 63–64 (quoting Bryan Cty., 520 U.S. … “clearly occurred outside the scope of their employ” (§ 34-13-3-5(c)(2)), was “malicious” (§ 34- 13-3-5(c)(3)), and/or was “willful and wanton” (§ 34-13-3-5(c)(4)). Pl. Mem. 9.

Arvin North American Automotive v. Review Board of the Indiana Department of Employment & Training Services

598 N.E.2d 532 · Indiana Court of Appeals · Aug 24, 1992

Is a striking employee required to make an unconditional offer to return to work in order to qualify for unemployment benefits? 3. Was the Review Board's decision supported by the evidence? … While the burden is clearly on the claimants to show that they have been permanently replaced, Jackson, supra, their burden to prove termination is fully satisfied by such a showing.

Christopher L. Overla v. State of Indiana

Indiana Court of Appeals · Mar 14, 2012

significant and clearly supported by the record. … Accordingly, Overla has not established that this purported mitigator was clearly supported by the record.

In re Fedex Ground Package System, Inc.

869 F. Supp. 2d 942 · District Court, N.D. Indiana · Apr 24, 2012

The option to participate in certain programs doesn’t establish a right to control. … Contractors have a proprietary interest in their routes and can sell them to another qualified driver.

F. McConnell & Sons, Inc. v. Target Data Systems, Inc.

84 F. Supp. 2d 961 · District Court, N.D. Indiana · Feb 2, 1999

Contracts § 635, at p. 645, and therefore the question of whether M & S’s completion of at least two of its three obligations under the contract (to purchase the Distributor 4GL license and serve as a demonstration site) qualifies … In contradistinction, Target's contacts with Indiana were directly related to the contract upon which M & S has brought this lawsuit, a situation clearly distinguishable from Charlesworth . 12 .

Mason v. Day

District Court, N.D. Indiana · Nov 9, 2023

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 … Filing a grievance or lawsuit qualifies as protected activity for purposes of a First Amendment claim. Holleman v. Zatecky, 951 F.3d 873, 879 (7th Cir. 2020).

State of Indiana v. Bobby Walden

Indiana Court of Appeals · Apr 4, 2013

In reviewing a trial court’s decision for an abuse of discretion, we reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Id. … (6) The defendant has immunity with respect to the offense charged. (7) The prosecution is barred by reason of a previous prosecution. (8) The prosecution is untimely brought.

Henson v. Neal

District Court, N.D. Indiana · Mar 28, 2022

Lastly, the defendants argue they are entitled to qualified immunity because they never knowingly violated the law and only terminated Henson’s employment due to his performance. ECF 90 at 18-20. … established Seventh Circuit precedent.

Jm v. Ma

928 N.E.2d 230 · Indiana Court of Appeals · Jun 9, 2010

s grandmother to establish a guardianship over him. Sometime thereafter, M.A. … We will not find an abuse of discretion unless the trial court's decision is clearly against the logic and effect of the facts and circumstances before it. Id. at 953 .

INDIANA HS ATHLETIC ASS'N v. Reyes

659 N.E.2d 158 · Indiana Court of Appeals · May 15, 1996

[Reyes] has failed to establish that there is, in his particular case, circumstances [sic] showing that an undue hardship would result from enforcement of the IHSAA Eight-Semester Rule. … Application for a hardship exception may be made by any student who believes that he or she may qualify.

Farno v. Ansure Mortuaries of Indiana, LLC

953 N.E.2d 1253 · Indiana Court of Appeals · Sep 26, 2011

[A]t least a portion of the Plaintiffs’ interests are directly related to the present lack of a qualified trustee for the Funds. … As such, these alternative methods were clearly better suited for “handling *1276 the total controversy,” in the words of the Federal Rules Advisory Committee.

SPARGER-WITHERS v. TAYLOR

District Court, S.D. Indiana · Feb 7, 2024

There was no absolute immunity for prosecutors. Kalina v. … Clearly the Constitution is roomy enough to allow for policies that do not fit with modern orthodoxy.

Kimberly J. Brook v. State of Indiana

Indiana Court of Appeals · Oct 20, 2023

Lorazepam’s Status as a Legend Drug [27] Brook next argues that the trial court’s jury instruction for the offense of unlawful possession or use of a legend drug was clearly erroneous. … established law.”

SADDI

District Court, S.D. Indiana · Jul 17, 2026

Saddi's claim fails because she has not shown that she is a qualified individual with a disability. … comes upon the scene of an emergency or accident . . . or is summoned to the scene of an emergency or accident and, in good faith, gratuitously renders emergency are at the scene of the emergency or accident is immune

Young

District Court, N.D. Indiana · Aug 25, 2026

Findings of fact are upheld unless clearly erroneous; legal conclusions are reviewed de novo. Id.; In re Marrs-Winn Co., Inc., 103 F.3d 584, 589 (7th Cir. 1996). … The bankruptcy court evaluated the record and decided within its discretion that Young had not shown sufficient circumstances to qualify for this exception.

State Ex Rel. Gramelspacher v. Martin Circuit Court

231 Ind. 114 · Indiana Supreme Court · Sep 10, 1952

The Acker and Beaman cases were concerned only with this question and are clearly distinguishable *120 from the case at bar. … The right of a qualified voter to register his choice of candidates at such an election is a fundamental constitutional right. State ex rel. Buttz v. Marion Cir.

Gazarkiewicz v. Town of Kingsford Heights

264 F. Supp. 2d 735 · District Court, N.D. Indiana · May 27, 2003

I ask again to the people of Kingsford Height’s, would you rather pay for experienced personnel, qualified personel [sic], or inexperienced personel [sic]? … The issues set forth in the flyer clearly address public employees, their conduct, and local issues.

Lidy v. Sullivan

745 F. Supp. 1411 · District Court, S.D. Indiana · Aug 27, 1990

Moreover, the record establishes that the claimant cannot perform her past relevant work. … It is significant that the Yuckert Court did not qualify this by speaking in terms of a burden of production, nor did it go on to state, as the Secretary would like to hear, that the “ultimate burden” shifts back to the claimant

Boxell v. Plan for Group Insurance of Verizon Communications, Inc.

51 F. Supp. 3d 759 · District Court, N.D. Indiana · Sep 22, 2014

Boxell qualified as disabled from September 29, 2009, through the date of the decision. (R. 2687, 2693). … First, she spends considerable effort trying to establish that MetLife denied her claim because of its conflict of interest.

Chapman v. State

556 N.E.2d 927 · Indiana Supreme Court · Jul 18, 1990

This hardly qualified as information that Click had at any time changed his story nor would it fall in the category of exculpatory evidence as far as appellant was concerned. … We also would note that contrary to appellant's assertion that this first was learned upon reading the presentence investigation report, the record shows that during the examination of Click it clearly was brought *930 out