Case law

Patty Garcia v. State of Indiana

Indiana Court of Appeals · Mar 14, 2012

to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any Mar 14 2012, 9:15 am court except for the purpose of establishing … An abuse of discretion occurs if the decision is clearly against the logic and effect of the facts and circumstances before the trial court. Boggs v. State, 928 N.E.2d 855, 862 (Ind. Ct.

Badelle v. State

754 N.E.2d 510 · Indiana Court of Appeals · Aug 6, 2001

Price was selected and thereafter qualified as Special Judge for the case. The Honorable John Price presided over Petitioner's second trial in June, 1979. Attorney Charles Beck served as Mr. … Information regarding the first of these reported rewards was clearly available to Trial Counsel, as its existence was published several months prior to Ba-delle's second trial.

Bowman v. City of Indianapolis

927 F. Supp. 309 · District Court, S.D. Indiana · May 24, 1996

. §§ 541 et seq., require that, in order to qualify as an overtime-exempt executive, administrative or professional employee, an employee must meet both parts of a two-part test. The first part is a “duties test.” … Or to take another example, is a bank vice president, who clearly meets the duties test for an executive employee, and who is paid $100,000 per year, to be considered an hourly employee just because she might be docked a

Reedus v. McDonough

District Court, N.D. Indiana · Mar 3, 2022

Still more, if Case 1 survives the motion to dismiss, consolidating the two cases—at least for the purposes of discovery—clearly furthers judicial economy. … Finally, at least at this point, Plaintiff’s conclusory assertion that her potential damages would be unfairly limited due to Title VII’s statutory cap does not establish that she would be prejudiced by consolidation.

Hildebrand v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 22, 2021

DISABILITY STANDARD To be eligible for disability benefits, a claimant must establish that she suffers from a “disability,” which is defined as an inability to engage in any substantial gainful … Moreover, in addition to her muscle weakness, Plaintiff’s steroid therapy potentially contributed to a weakened immune system and related illnesses that may have required absences as well.

United States v. Walters (In Re Walters)

176 B.R. 835 · United States Bankruptcy Court, N.D. Indiana · Jun 27, 1994

Walters was qualified as an expert witness respecting the trading and valuation of rare numismatic coins. … The facts in this case are clearly distinguishable from West, and thus the Court concludes that Dr.

Freedom From Religion Foundation v. Concord Community Schools

207 F. Supp. 3d 862 · District Court, N.D. Indiana · Sep 14, 2016

Second, by qualifying this statement as representing the School’s intent “[a]t this time,” the School does not make clear what, if anything, might affect that intent. … The audience applauded when the nativity scene appeared on stage, but that reaction was not prompted in any way by the show itself (the choir began singing even before the applause concluded), and was quite clearly in response

WOOLSEY v. WILSON

District Court, S.D. Indiana · Feb 6, 2020

Revell has never received medical training and was not qualified to provide medical care to inmates or evaluate inmates regarding their medical care. Id. As Regional Director, Ms. … In his role, Warden Julian did not treat patients or participate in clinical medical decisions and was not qualified to do so. Id., ¶ 6.

Reedus v. McDonough

District Court, N.D. Indiana · Mar 3, 2022

Still more, if Case 1 survives the motion to dismiss, consolidating the two cases—at least for the purposes of discovery—clearly furthers judicial economy. … Finally, at least at this point, Plaintiff’s conclusory assertion that her potential damages would be unfairly limited due to Title VII’s statutory cap does not establish that she would be prejudiced by consolidation.

Kimbrough v. Schneegas

District Court, N.D. Indiana · Jun 7, 2021

He was also worried about the side effects, especially the suppression of his immune system in the middle of the COVID-19 pandemic. Id. Dr. Marthakis offered to move Mr. … Kimbrough requests that the court order that his condition be evaluated and, if necessary, treated by a qualified specialist. ECF 3 at 1. He is entitled only to adequate medical care as required by the Constitution.

Weil v. Metal Technologies, Inc.

260 F. Supp. 3d 1002 · District Court, S.D. Indiana · May 26, 2017

If that employee cannot perform the overtime, the Plant Manager will offer the overtime to a suitably qualified person who is available to perform the overtime work. … The Court notes, however, that Plaintiffs consistently overstate the purported admissions made by Metal Technologies and identify facts as undisputed when Metal Technologies clearly disputes them.

Tamara J. Shidler, surviving spouse of Michael R. Shidler v. Dennis G. Lockrey, M.D., and Sigma Medical Group, LLC, d/b/a Sigma Med Express Care, and James D. Pike, D.O.

Indiana Court of Appeals · May 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. … Khuong was insufficiently qualified to offer an opinion on the matter. The trial court did not abuse its discretion in limiting Dr.

Planned Parenthood of Indiana & Kentucky, Inc. v. Commissioner, Indiana State Department of Health

258 F. Supp. 3d 929 · District Court, S.D. Indiana · Jun 28, 2017

It is clear that the statutory provisions at issue qualify as penal' statutes under prevailing law, given that any physician who performs an abortion on an unemancipated minor without obtaining proper identification and documentation … This holding clearly has no relevance to the issues before us. . We are not persuaded at this juncture that the mens rea requirements in the criminal statute enforcing the abortion requirements, Csee Ind.

Jake E. Estes v. State of Indiana

Indiana Court of Appeals · Apr 10, 2013

The court dismissed the habitual substance offender charge based upon a motion by the State, which indicated that Estes did not qualify under the statute. … The other instruction stated: Evidence which merely tends to establish a suspicion of guilt, or evidence which tends to establish a mere opportunity to commit the offense charged, is clearly

EARL v. COLVIN

District Court, S.D. Indiana · Dec 30, 2024

Once step four is satisfied, the burden shifts to the SSA to establish that the claimant is capable of performing work in the national economy." Knight v. Chater, 55 F.3d 309, 313 (7th Cir. 1995). … It is well-known that an ALJ may not interpret an MRI that has not been reviewed by a medical expert, as the Seventh Circuit Court of Appeals clearly stated in Akin v.

David G. Kaufman v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 18, 2019

After C.R. agreed, Kaufman told C.R. that the study would first involve answering a survey of questions to see if C.R. would qualify for the study. Kaufman then asked C.R. … An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances before it. Conley v.

VW v. South Bend Community School Corporation

District Court, N.D. Indiana · Mar 5, 2024

In negligence cases, when “there is no genuine issue of material fact and any one of these elements is clearly absent, summary judgment is appropriate.” Pfenning v. Lineman, 947 N.E.2d 392, 403 (Ind. 2011). … To establish the second element, parties must typically “present expert testimony establishing that standard of care.” Troutwine, 854 N.E.2d at 902 (citing Snyder v. Cobb, 638 N.E.2d 442, 445-46 (Ind. Ct.

PUCILLO v. NATIONAL CREDIT SYSTEMS, INC.

District Court, S.D. Indiana · Mar 19, 2021

Pucillo argues there are no factual disputes, and NCS's letters clearly violate Sections 1692e and 1692c of the FDCPA. … Nor does stress by itself with no physical manifestations and no qualified medical diagnosis amount to a concrete harm. Cf. United States v. All Funds on Deposit with R.J.

Hahn v. Commissioner of Social Security

District Court, N.D. Indiana · Nov 22, 2021

Thus, she is likely not well-qualified to comment on the claimant's impairments and limitations. … Thus it is clearly not reversible error for the ALJ to consider daily activities in conjunction with other factors, such as ability to continue working and opinion medical evidence.

Linke v. Northwestern School Corp.

734 N.E.2d 252 · Indiana Court of Appeals · Aug 21, 2000

In Chandler , the Court held that candidates running for a state political office in Georgia could not be subject to a drug test in order to qualify for the position. … This may be subject to some question in that Todd clearly emphasized the special needs interest of the school while Willis focused heavily upon the preference for individualized suspicion.