Case law

Celebration International, Inc. v. Chosun International, Inc.

234 F. Supp. 2d 905 · District Court, S.D. Indiana · Dec 12, 2002

Costumes, like clothing garments, clearly have a utilitarian aspect because they cover the wearer’s body and protect the wearer from the elements. … Thus, Celebration has failed to establish a reasonable likelihood of success on the merits.

Edward D. Bagshaw v. State of Indiana

Indiana Court of Appeals · Jun 27, 2014

An abuse of discretion may occur if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court, or if the court has misinterpreted the law. Id. … Butler were qualified to conduct a sanity evaluation, she failed to conform to the applicable guidelines for doing so. Bagshaw argues that Dr.

Johnson v. United States

422 F. Supp. 958 · District Court, N.D. Indiana · Nov 8, 1976

Thus, in Frontiero all service women had to establish their husband’s dependency before they could qualify for the additional benefits made available to all men without any such proof. … Although the language in these cases clearly supports the proposition that marriage is fundamental in nature, two distinctions are noteworthy.

Cable v. Kuraray America, Inc

District Court, N.D. Indiana · Dec 21, 2023

. § 1915A, 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 … limitations of an otherwise qualified individual with a disability who is an applicant or employee.’”

Dogan v. Astrue

751 F. Supp. 2d 1029 · District Court, N.D. Indiana · Jun 3, 2010

A five step test has been established to determine whether a claimant is disabled. See Singleton v. Bowen, 841 F.2d 710, 711 (7th Cir.1988); Bowen v. … The ALJ found that Bucholz, a registered nurse, does not qualify as an “acceptable medical source” in accordance with Section 416.913(a) and that only “acceptable medical sources” are qualified to give “medical opinions”

Indiana Union Traction Co. v. Pring

50 Ind. App. 566 · Indiana Court of Appeals · Oct 26, 1911

"We think we are clearly supported in this conclusion by the following authorities. 3. In the case of Blake v. … Rep. 627 , the late Chief Justice Polger thus clearly stated the duties of railways in this particular: “It is urged, and with reason, that clearly arranging and promulgating the general time-table of a great railway is the

C A v. State of Indiana

Indiana Court of Appeals · Nov 20, 2024

A probation officer reported that K.W. needed “intensive services through a Qualified Residential Treatment Program to address his needs” and the officer did “not believe the juvenile has the adequate support … Grandmother and Mother also agreed that a Qualified Residential Treatment Program would be the appropriate placement for K.W. (See App. Vol. 2 at 31, 39.)

Johnny D. Wayt v. State of Indiana

Indiana Court of Appeals · Feb 27, 2014

“The critical inquiry is whether the findings adopted by the court are clearly erroneous.” Id. (internal quotation omitted). … Inman also attempted to tarnish Weber’s credibility by questioning her about the fact that she lied before the grand jury despite being granted immunity for her grand jury testimony.

Johnus L. Orr v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 23, 2018

Special Agent Horan stated that he has been recognized and qualified as an expert witness for cell phone record analysis in numerous courts. … According to Johnus, “the record reflects a reasonable possibility that the evidentiary facts used by the jury to establish the essential elements of Murder of the fetus also may have been used to establish

Manzon v. Stant Corp.

202 F. Supp. 2d 851 · District Court, S.D. Indiana · May 17, 2002

Stant cannot rely on Malone’s approval of Deloitte & Touche’s determination because Malone’s approval of the independent auditor’s work is qualified at best. … As explained in the discussion of section 4(c) above, for certain benefits, the contract clearly requires payments to have been made “within five (5) business days after the Termination Date,” meaning that Manzon should have

Termination of Parent-Child Relationship of N.G. v. Indiana Department of Child Services

45 N.E.3d 379 · Indiana Court of Appeals · Sep 29, 2015

Clearly [Mother] has not made the progress she needs to make to properly meet [G.C.’s] special needs. … Tr. p. 71-72. [82] We pause to note that, even were it true that Mother was mistaken about how many times she brought unsealed food to a visit with the children, we believe that, although this may technically qualify as a

Lycan v. Walters

904 F. Supp. 884 · District Court, S.D. Indiana · Oct 11, 1995

More importantly, Plaintiffs have failed to show that any statement in the Letter of Intent qualifies as an actionable misrepresentation. … Supreme Court and Seventh Circuit precedent clearly establish that mere silence does not violate § 10(b) or Rule 10b-5 unless there exists some duty to speak. Chiarella, 445 U.S. at 235 , 100 S.Ct. at 1118 .

State v. Edgman

447 N.E.2d 1091 · Indiana Court of Appeals · Apr 13, 1983

At the "S" curve on Cline Avenue, for reasons that have never been clearly established, Casillas lost control of his automobile as he approached the Grand Calumet River Bridge in the middle of the curve. … Gary Long, both qualified highway construction engineers, and the legitimate inferences to be drawn therefrom provide a sufficient basis for a finding of negligence on the part of the State.

Dempsey v. Belanger

959 N.E.2d 861 · Indiana Court of Appeals · Nov 23, 2011

Therefore, as [Dempsey] ha[s] failed to *865 establish any of the requirements, the Journey’s Account Statute is simply not applicable. … Here, however, because Dempsey’s first complaint was dismissed on the merits and not for lack of subject matter jurisdiction, it does not qualify as a failure in the action. B.

PHILLIPS

District Court, S.D. Indiana · Mar 18, 2026

Phillips's Eighth Amendment rights; and (2) they are entitled to qualified immunity. Dkt. 52. 1. … In short, a plaintiff must establish an objective and subjective component. Giles v. Godinez, 914 F.3d 1040, 1051 (7th Cir. 2019).

Grzesiowski v. State

168 Ind. App. 318 · Indiana Court of Appeals · Mar 9, 1976

The State would argue that it is clearly within the sole power of the Legislature to fix the punishment for crimes and this court may neither rewrite the statute nor substitute a judicially determined sentence for a legislative … The State contends that the question did not seek an answer based on hearsay nor does the answer qualify as hearsay.

HALL v. GASKINS

District Court, S.D. Indiana · Jan 29, 2024

Second, the Seventh Circuit has clearly indicated that a prisoner has no property or liberty interest in prison employment. See, e.g., Wallace v. … Blackard, 2 F.4th 716, 721 (7th Cir. 2021) (noting that a prisoner's exposure to human waste in cell is sufficient to establish unsanitary conditions under the Eighth Amendment).

Kras v. Dick's R U Crazy, Inc.

District Court, N.D. Indiana · Mar 16, 2020

[narcotics] training” was “amply qualified to testify as an expert”). … Kras argues that the DPE is ambiguous because it does not clearly express the coverage limitation, and that the language does not clearly and unambiguously preclude coverage for any injury that happens off-premises.

Johnson v. Hershberger

District Court, N.D. Indiana · Aug 16, 2023

. § 1915A, the court must screen the complaint (ECF 1) and dismiss it if it 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 … Bend, 997 F.3d 725, 733 (7th Cir. 2021) (pointing to “a few sporadic examples of an improper behavior” is not enough to establish an official custom under Monell).

Gallagher v. MARION CTY. VICTIM ADVOCATE

401 N.E.2d 1362 · Indiana Court of Appeals · Mar 24, 1980

His fingerprints, if they are to be of any value to the police, must be filed in a cabinet and indexed in such a manner that they may be found by one who is qualified to read them. … The court clearly envisioned the applicability of legislative enactments to city police departments.