Case law

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.

William Shecoby Palmer v. Petalas

District Court, N.D. Indiana · Sep 28, 2021

Because it is a jurisdictional requirement, “the plaintiff bears the burden of establishing standing.” Apex Digital, 572 F.3d at 443. … The Plaintiff fails to establish standing by competent proof.

Williams v. Fort Wayne City of

District Court, N.D. Indiana · Oct 23, 2024

immunity with Defendants’ brief to be filed by August 26, 2024. … No briefs have been filed and thus Defendants have waived their arguments on the issue of qualified immunity.

In re Vancleef

479 B.R. 809 · United States Bankruptcy Court, N.D. Indiana · Sep 28, 2012

Trustee Yoon — as have some courts — focuses on what she deems to be a very clearly phrased law, and the fact that there is no legislative gloss or rule parsing which connotes or implies that a Chapter 7 Trustee cannot file … But where the debt is disputed, the creditor cannot establish a prima facie case of breach of a credit card contract without establishing a contract with the debtor, a breach and damages.

Termination: TF v. Indiana Department of Child Services

69 N.E.3d 932 · Indiana Court of Appeals · Feb 14, 2017

The court highlighted that it “clearly portrayed the young children as mentally and emotionally incompetent, and no doubt totally unaware of [the therapist’s] professional purpose.” Id. … Evidence Rule 702, which governs the admission of expert testimony, and asserts that the testimony did not establish that the GAL was an expert and there was no evidence of what scientific principles the GAL

Lanker v. Wheeler (In Re Wheeler)

101 B.R. 39 · United States Bankruptcy Court, N.D. Indiana · Jun 16, 1989

The phrase “while acting in a fiduciary capacity” clearly qualifies the words “fraud or defalcation.” 3 Colliers on Bankruptcy (MB) 11 523.14 at 523-96 (15th ed. Supp. June 1988). … It does not appear from the face of the Decree of Dissolution of Marriage that a trust was established.

Deida v. Warden

District Court, N.D. Indiana · May 28, 2024

To establish liability, a prisoner must satisfy both an objective and subjective component by showing: (1) his medical need was objectively serious; and (2) 1 Deida’s earlier complaint listed Dr. … Deida has not identified any document that qualifies as legal mail. See Kaufman v.

USA LIFE ONE INS. CO. OF IND. v. Nuckolls

663 N.E.2d 541 · Indiana Court of Appeals · Apr 10, 1996

The principles governing application of contract terms are well established. The fact that a term is not defined does not render it ambiguous. Harden v. Monroe Guaranty Ins. … An insurer is free to limit coverage if that limitation is clearly expressed. Delaplane v. Francis (1994) Ind.App., 636 N.E.2d 169 , trans. denied.

Paradigm Sales, Inc. v. Weber Marking Systems, Inc.

880 F. Supp. 1247 · District Court, N.D. Indiana · Mar 16, 1995

Kaman’s engineering experience in the mechanical arts, conceded by Paradigm, more than qualifies him to make such a comparison. See Fed. R.Evid. 702. The opinion set forth in Mr. … Harmon will testify that because Weber was clearly aware of the existence of the ’896 patent at the time it was beginning development of its own staple gun, the law imposes a duty on Weber to affirmatively take steps to avoid

Mies v. Steuben County Board of Zoning Appeals

970 N.E.2d 251 · Indiana Court of Appeals · Jul 3, 2012

decision made by a BZA, it must determine whether the decision is: “(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … The panel determined that the BZA had the authority to revoke variances if they were subject to reasonable and clearly stated conditions and if those conditions were not met. Id. at 1014 .

Burkes

District Court, N.D. Indiana · Feb 12, 2026

Fisher, 364 F.3d 970, 973 (8th Cir. 2004) (“It is well established . . . that when officers are presented with serious danger in the course of carrying out an investigative detention, they may brandish weapons . . . in … App. 2024). 4 Because the court concludes Officer Sands and Officer Sweeney did not use excessive force against Burkes, it does not reach their alternative argument that they are entitled to qualified immunity.

Doe v. Purdue University

District Court, N.D. Indiana · May 19, 2020

As discussed by the Court of Appeals, this language clearly covered sexual misconduct complaints generally and revealed that Plaintiff impermissibly sought to champion the rights of other men. … Plaintiff counters that Defendants fail to recognize the Ex parte Young exception to Eleventh Amendment immunity. (Pl.’s Mem. Opp’n 10-11, ECF No. 63).

Shambreka Hall v. State of Indiana

Indiana Court of Appeals · Oct 16, 2025

It is also undisputed that Hall had THC in her bloodstream at the time of the collision and that THC qualifies as a schedule I drug. See Ind. … Under basic principles of due process, a statute is void for vagueness if its prohibitions are not clearly defined.

Jordan D. Christie v. Tamara L. Waller (mem. dec.)

Indiana Court of Appeals · Apr 5, 2016

We will uphold the trial court’s custody determination unless “it is clearly against the logic and effect of the facts and circumstances or the reasonable inferences drawn therefrom.” … [45] Our supreme court has “recognize[d] that judges are not immune from the emotional effects of the cases they hear. . . .

Rodriguez v. Parks

District Court, N.D. Indiana · Feb 26, 2025

“Absent an entrustment of at least some of this authority, an employee does not qualify as a supervisor for purposes [of] imputing liability to the employer.” … While Parks clearly provided input into plaintiffs’ evaluations, was charged with training them, and managed aspects of their work assignments, Parks was not empowered to affect plaintiffs through tangible employment actions

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.

J Q R v. State of Indiana

Indiana Supreme Court · Mar 12, 2025

We review these evidentiary rulings for an abuse of discretion, which occurs when the ruling is either clearly against the logic and effect of the facts and circumstances before the court, or when it misinterprets the law … The qualified adult must knowingly and voluntarily waive the child’s rights, and the child must knowingly and voluntarily join the waiver. Id. § -1(2)(A), (D).

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.

Orr v. Sevier

District Court, N.D. Indiana · Sep 13, 2021

Lastly, the State Defendants argue they are entitled to qualified immunity because Orr “fails to state how State Defendants were directly or otherwise involved” in forcing him to be handcuffed behind his back. … The State Defendants’ qualified immunity argument fails because it is premised upon their assertion they were not involved in handcuffing Orr behind his back, which is a disputed fact. See Mordi v.

James M. Ross IV v. State of Indiana

Indiana Court of Appeals · Oct 9, 2014

Powell clearly did not want to speak with the officer and kept trying to move away. … We conclude that the evidence established that Ross was in a place where he had a right to be.