Case law

Allard v. Indiana Bell Telephone Co., Inc.

1 F. Supp. 2d 898 · District Court, S.D. Indiana · Apr 20, 1998

Such evidence must clearly demonstrate the motivation of the person who made the contested *921 employment decision. Id. (citing Cheek v. Peabody Coal Co., 97 F.3d 200, 203 (7th Cir.1996)). … A discharged employee who claims discrimination may not avoid summary judgment by asserting that she was qualified for her position. See Collier, 66 F.3d at 893 .

Lyle v. Commissioner of Social Security

District Court, N.D. Indiana · Oct 2, 2023

Thus, the DBQ likely does not qualify as “later evidence.” Moreover, Mr. L has not established that Dr. Copeland’s DBQ constitutes “new, significant medical diagnoses” that “reasonably could have changed” Dr. … Copeland’s DBQ likely fails to qualify as medical opinion evidence.

Perry v. State

956 N.E.2d 41 · Indiana Court of Appeals · Aug 22, 2011

conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony or affidavit of the custodian or other qualified … The circumstances in which an encounter occurs — e.g., at or near the scene of the crime versus at a police station, during an ongoing emergency or afterwards — are clearly matters of objective fact.

VIRGIL v. EQUIFAX INFORMATION SERVICES, LLC

District Court, S.D. Indiana · Sep 30, 2025

Thus, to establish a violation of § 1681e(b) here, Mr. … Virgil has failed to establish any entitlement to emotional damages.

Robert W. Evans v. State of Indiana

Indiana Court of Appeals · May 1, 2014

An abuse of discretion occurs where the decision is clearly against the logic and effect of the circumstances. Id. … Evidence Rule 702 provides that: (a) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

In Re EI

653 N.E.2d 503 · Indiana Court of Appeals · Jul 21, 1995

Appellants argue that the guardian ad litem failed to establish the requisite elements for joinder of parties pursuant to T.R. 19(A)(1). … The scheme clearly reflects a legislative determination that CHINS cases are best handled at the county level on a county-by-county basis.

McKnight v. Warden

District Court, N.D. Indiana · Sep 23, 2021

As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause.” … We have explained that clearly established Federal law for purposes of §2254(d)(1) includes only the holdings, as opposed to the dicta, of this Court’s decisions.

BOISVERT v. BISIGNANO

District Court, S.D. Indiana · Jun 26, 2025

"A Rule 59(e) motion can be granted only where the movant clearly establishes: (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence precluded entry of judgment." … As Michael emphasizes in his response brief, "Defendant does not provide any narrative explanation as to how the ALJ was qualified to decide functional limitations based on his consideration of evidence that the 'A1c was

BAKER v. AISIN USA MFG. (SEYMOUR) WORLD HEADQUARTERS

District Court, S.D. Indiana · Jul 7, 2020

Baker's work absence, which does not qualify for FMLA protection. [Filing No. 25 at 7.] Aisin and Mr. Lang argue that because Mr. … Baker cannot establish an entitlement to FMLA benefits because incarceration unrelated to a health condition does not qualify for FMLA leave. [Filing No. 25 at 11.] They argue that, because Mr.

SCHMITZ v. MARION COUNTY BOARD OF ELECTIONS

District Court, S.D. Indiana · Sep 5, 2019

However, Defendant Lawson contends that Plaintiffs have an adequate remedy at law, and all Defendants argue that Plaintiffs cannot establish any likelihood of success on the merits. … Voters in Indiana are intelligent and capable, and the Court is confident that if the State had clearly asked people to list their “voter registration address” when signing the CAN-44, it would have been much likelier to

DUPONT WATER COMPANY INC. v. CITY OF MADISON, INDIANA

District Court, S.D. Indiana · Sep 30, 2025

Under these definitions, the Jail would clearly be a "government user" not an "industrial user." … To establish a violation of § 1926, a plaintiff must show that (1) it is rural water association within the meaning of the statute; (2) it has a qualifying outstanding loan obligation; (3) it has provided or made service

Ahnert v. Delco Electronics Corp.

982 F. Supp. 1320 · District Court, S.D. Indiana · Oct 22, 1997

Chevron Oil recommends three factors be considered in determining whether to apply a rule prospectively: (1) whether the announced rule will “establish a new principle of law, either by overruling clear past precedent on … International Union and Local 292 acted, together to each discriminate against the Employees in order to interfere with ,the full attainment of the rights of the Employees, and similarly situated employees, under their qualified

HURT v. VANTLIN

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

(noting that interlocutory appeal was appropriate because if defendant were to succeed on interlocutory appeal, “the issue of sovereign immunity will be removed from the case”). … In short, while the parties clearly have a difference of opinion on these issues, and while it does not appear that the Seventh Circuit has opined on the issues, there also does not appear to be a “substantial likelihood

Patrick M. Elliott v. State of Indiana

Indiana Court of Appeals · Jul 17, 2020

[27] Not all statements are protected, only those that qualify under the statute. … Court of Appeals of Indiana | Opinion 19A-CR-2498 | July 17, 2020 Page 26 of 31 [44] To assess whether a sentence is inappropriate, we look first to the statutory range established for the class of the

Hugh David Reed v. Edward Reid Reid Machinery, Inc. North Vernon Drop Forge, Inc. Jennings Mfg. Co., Inc. Reid Metals, Inc. Glen White Douglas Dibble Midwest Environmental Svcs. Inc.

Indiana Supreme Court · Dec 19, 2012

In Defendants’ view “This evidence establishes that David Reed consented to the placement of the Forge material on his property in June 2004 that contained clearly visible waste fragments.” Id. … In that case, an insurance company sold annuities to a business customer for the business’s tax-qualified contributory retirement plan.

Wildwood Park Community Ass'n v. Fort Wayne City Plan Commission

182 Ind. App. 578 · Indiana Court of Appeals · Oct 25, 1979

Hence, the Commission concludes that its grant of the permit merely amounted to the approval of a development plan for a commercial enterprise, an act clearly within the purview of its powers established in subsection eight … The Stout decision did not hold that a person's status as an adjoining or surrounding landowner was, in and of itself, sufficient to qualify him as an aggrieved party.

Turner

District Court, N.D. Indiana · Feb 26, 2026

The Rooker-Feldman doctrine clearly prohibits the court from presiding over the FHA claims against most of the defendants in this case because allegations that eviction-related proceedings were retaliatory and discriminatory … In any event, reporting fraud or other wrongs unrelated to discriminatory housing practices does not qualify as protected activity under the FHA. Riley v.

Blake Layman v. State of Indiana Levi Sparks v. State of Indiana

17 N.E.3d 957 · Indiana Court of Appeals · Sep 12, 2014

adult-court jurisdiction over their offenses, is unconstitutional on its face and as applied, violates their right to equal protection under the Fourteenth Amendment to the United States Constitution and the Privileges and Immunities … In both Palmer and Jenkins, the Court concluded that the defendants’ conduct clearly raised the foreseeable possibility that the intended victim might resist or that law enforcement would respond and thereby created a risk

MORRISON v. CHILDREN'S BUREAU, INC.

District Court, S.D. Indiana · Sep 22, 2022

Morrison's December 11 written warning clearly provides that, unless she provided CBI with her permanent license by December 31, 2019, she would be terminated. Id. Ms. … With regard to Defendants' contention that such verbal complaints do not qualify as statutorily protected activity, the case law does not support their position as "even an informal or verbal complaint may qualify as protected

Reinebold v. Indiana University at South Bend

District Court, N.D. Indiana · Dec 21, 2020

Reinebold invites the court to import a different analysis, namely the McDonnell Douglas burden-shifting framework used under other federal laws, the court declines in favor of this well-established constitutional standard … Reinebold concedes that “clearly” Mr. Buysse’s friendship with Mr. Norris “played a role in his getting the job.” Then fundamentally, these two men were not similarly situated.