Case law

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.

SHEPARD v. WASTE MANAGEMENT OF INDIANA, INC.

District Court, S.D. Indiana · Oct 18, 2021

One of the "Qualifying Questions" on the application was the following: "If offered this position would you be able to obtain Class A or B commercial driver's license and valid medical certificate." … However, the next line clearly contemplates that a "specific posting" for a position under this job description could require a CDL.

Save Valley, Inc. v. United States Environmental Protection Agency

223 F. Supp. 2d 997 · District Court, S.D. Indiana · Sep 17, 2002

To require them to wait until the EPA deemed it appropriate to make a response under 40 C.F.R § 123.64 (whenever that might be) would clearly frustrate performance under the citizen suit provision. … An AFO also qualifies as a CAFO if it contains between 300 and 1000 animal units and discharges pollutants through a man-made structure or into any waters that run through the facility or come into direct contact with the

Christine Cosme v. Debora A. Warfield

Indiana Supreme Court · May 6, 2024

And the court shall enter judgment notwithstanding the jury’s verdict if the verdict “is clearly erroneous as contrary to or not supported by the evidence”. Ibid. … The court enters judgment notwithstanding the verdict only when the verdict is “clearly erroneous”, T.R. 59(J), which asks if any facts support the verdict, see Yanoff v.

CROWLEY

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

Sessions, 872 F.3d 976, 982 (9th Cir. 2017) ("[T]he burden is on the non-citizen to 'establish to the satisfaction of the Immigration Judge . . . that he or she does not present a danger to persons or property, is not … As the Seventh Circuit recently explained regarding the same argument, "while a noncitizen arrested in the Midwest might qualify as 'an alien present in the United States who had not been admitted,' § 1225(a)(1), the mandatory

Carrelo v. Keystone RV Company

District Court, N.D. Indiana · Aug 6, 2024

Despite the broad scope of procedural relief, courts must “see that the immunities of the Act are not put to [an] unworthy use.” Boone, 319 U.S. at 575. … transfer the case unless extraordinary circumstances unrelated to the convenience of the parties clearly disfavor a transfer.”

King of Clean Automotive, LLC v. New Truck Alternative, LLC.

Indiana Court of Appeals · Jun 19, 2013

Appellate Rule 65(D), this Jun 19 2013, 7:06 am Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral … Brown disagreed with his partner, stating that “its size did not qualify it for a $115 detail” and that “[a]nybody that nominally would think that $115 was a fair price would just be out of their mind.” Tr. p. 225.

ENGLAND v. JACKSON COUNTY PUBLIC LIBRARY

District Court, S.D. Indiana · Mar 31, 2022

The cases cited by JCPL to support its argument all featured conduct that was clearly outside of the bounds of normal library activities. … Each featured clearly disruptive and socially non-acceptable behavior which is not present in this case.

Andrew Conley v. State of Indiana

972 N.E.2d 864 · Indiana Supreme Court · Jul 31, 2012

The aggravating factor was clearly established and uncontroverted. The judge was within his discretion in weighing the mitigating factors in the manner in which he did. … Day, 644 N.E.2d 72, 75 (Ind. 1994) (identifying independent analyses for Indiana Privileges and Immunities and Federal Equal Protection clauses).

Donald Worth v. State of Indiana

Indiana Court of Appeals · Oct 2, 2014

Indeed, alternate jurors are presumed to be fair and equally qualified to the task. French v. State, 521 N.E.2d 346, 349 (Ind. 1988). … In fact, the trial court remarked that I know the juror you speak of, who was voir dired and she was clearly not a strike for cause.

WATSON v. MANGAS GLOBAL SOLUTIONS, INC.

District Court, S.D. Indiana · Apr 22, 2021

Watson located a home that would accept a Section 8 Choice Voucher, and she contacted Senator Ford and Defendant Damien Center about using a voucher that she claimed to qualify for. Id. at 1– 3, 5. Ms. … "To demonstrate a procedural due process violation of a property right, the plaintiff must establish that there is (1) a cognizable property interest; (2) a deprivation of that property interest; and (3) a denial of due

QUINN v. WARDEN

District Court, S.D. Indiana · Apr 21, 2020

It is the petitioner’s “burden to establish both [elements].” Socha v. Boughton, 763 F.3d 674, 683 (7th Cir. 2015). Mr. … Quinn’s petition was filed beyond the expiration of the one-year statutory limitations period and that he failed to prove that he qualified for equitable tolling.

Diyon Evans v. State of Indiana

Indiana Court of Appeals · Jan 11, 2012

The trial court, however, made no such admonishment because, following argument during jury instructions, the trial court determined that A.K.’s statements to her sister qualified as excited utterances and an exception … In addition to the above, the State established that Evans was the only male to enter A.K.’s room and close the door that day. Id. at 67-68.

J.A.W. v. Roberts

627 N.E.2d 802 · Indiana Court of Appeals · Jan 13, 1994

In determining whether a duty exists in a negligence action based on misfeasance, clearly, the proper balancing test to use is found in Webb v. … In terms of the relationship between the parties and insofar as it bears upon the establishment of a duty, it suffices to say that some relationship must exist.

Dodd v. Wexford Medical Inc

District Court, N.D. Indiana · Apr 27, 2021

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 … Here, he alleges that Wexford denied his request to participate in the prison’s Recovery While Incarcerated (“RWI”) program even though his background qualified him for participation in this program. Id.

Spangler v. Bechtel

958 N.E.2d 458 · Indiana Supreme Court · Dec 13, 2011

As to the hos- pital, the action is proceeding under the Indiana Medical Malpractice Act ("the MMA").2 Bechtel and the Center are not covered by the MMA because they were not qualified health care providers under the MMA … A pure foreseeability rule is "unsatisfactory because genuine emotional disturbance can occur and is foreseeable in many situations in which courts clearly would not permit recovery." Id. § 47f.

Michael and Mary Poore, Individually and on Behalf of J.P. v. Indianapolis Public Schools and its Board of Education

Indiana Court of Appeals · Sep 9, 2020

[6] While attending a school fair in November 2014, the Poores received a brochure for Shortridge that listed the “Butler Early College Program Experience,” which allowed qualified juniors and seniors to … The trial court abuses its discretion only when its action is clearly erroneous and against the logic and effect of the facts and circumstances. Id.

McClung v. Warden

District Court, N.D. Indiana · Feb 2, 2022

As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause.” Id. … 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.

In Re Guardianship of Stalker

953 N.E.2d 1094 · Indiana Court of Appeals · Jul 29, 2011

To invoke this doctrine, the matters decided in the earlier appeal must clearly appear to be the only possible construction of an opinion. Id. … There is no evidence in the record, nor does Stalker direct us to any, establishing that at the moment Pierce decided to demolish the home, she was acting as a member of the Board of Health.

Gardner

District Court, N.D. Indiana · Oct 21, 2025

A claimant qualifies as disabled if he or she cannot perform such work. … (R. at 1663–75). 5 panic such as shaking, heart racing, and difficulty thinking clearly. (Id. at 1480.) Ms.