Case law

TURNER v. HAMILTON COUNTY TRUSTEE ASSOCIATION

District Court, S.D. Indiana · May 20, 2022

However, the Court notes that: [I]t is also well established that pro se litigants are not excused from compliance with procedural rules. … The CAA does give eligible parties private right of action denoted by its listing of criteria for eligibility which clearly and obviously, removes discretion from the hands of grantees."

Gouveia v. Internal Revenue Service of the United States (In Re Quality Health Care)

215 B.R. 543 · United States Bankruptcy Court, N.D. Indiana · Jul 28, 1997

Gouveia, was appointed trustee in the above-entitled action and duly qualified as such on May 7, 1996. 3. … Clearly, enforcement or assignment of the right to payment by the debtor would be inconsistent with the purpose of the levy.

Farrell v. State

612 N.E.2d 124 · Indiana Court of Appeals · Apr 5, 1993

Cir., 293 F. 1013 , and requires that "the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs." … When the trial court determines the trier of fact will be assisted in understanding evidence or in determining a fact in issue, testimony of scientific, technical, or other specialized knowledge gained by a witness qualified

Lauth v. Covance, Inc.

155 F. Supp. 3d 855 · District Court, S.D. Indiana · Jun 14, 2016

Because Lauth argues that Covance “applied its legitimate expectations in a disparate manner, the second and fourth prongs of [the prima facie test] merge, allowing the plaintiff to establish a prima facie case by establishing … Lauth’s termination, however, clearly qualifies as an adverse employment action.

Fitzgerald v. Lincare Inc

District Court, N.D. Indiana · Aug 3, 2021

Dep’t of Admin., 44 F.3d 538, 544 (7th Cir. 1995)), but clarified that a plaintiff cannot merely “use his intermittent flare-ups to establish that his impairment is a disability,” id. … This argument assumes that the employment action at issue is the Plaintiff’s termination; however, the Plaintiff does not clearly identify the employment actions on which her claim is based.

Monday v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 20, 2025

The Social Security regulations create a five-step process to determine whether the claimant qualifies as disabled. 20 C.F.R. §§ 404.1520(a)(4)(i)–(v); 416.920(a)(4)(i)–(v). … A claimant qualifies as disabled if he or she cannot perform such work.

Webb

District Court, N.D. Indiana · Aug 24, 2026

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 … In the prison context, written requests for interviews and/or grievances clearly constitute First Amendment protected activity. Id.; see also Gomez v.

WALSH v. HEAL AT HOME, LLC

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

Terrell was unaware of Defendants' rate adjustment practices prior to January 2023, that fact alone does not clearly and convincingly establish that Mr. … Patrick, Inc., 8 F.3d at 460 (stating that "a party can only be held in contempt for be- havior clearly prohibited by a court order within its four corners.") (citation modified).

KILBOURNE v. CITY OF INDIANAPOLIS

District Court, S.D. Indiana · May 20, 2020

Kilbourne more clearly defined in his response brief. [See Filing No. 62.] Mr. … Furthermore, the Seventh Circuit has made clear that engaging in protected activity does not immunize an employee from being disciplined for his workplace behavior, and "where a 'significant intervening event separat

Janusz Zastawnik v. Thor Motor Coach, Inc.

District Court, N.D. Indiana · Sep 20, 2024

Zastawnik had identified no statute or judicial decision clearly establishing that “enforcement of the forum-selection clause would contravene a strong [California] public policy . . . .” [DE 21 at 4 (citing Yei A. … Again, Thor did not qualify the term “those allegations” anyway in its transfer motion or its counsel’s declaration.

Carrico v. Board of Commissioners of St. Joseph County

District Court, N.D. Indiana · Dec 17, 2021

In other words, a plaintiff “must establish that a conspiracy, or an understanding, to violate the plaintiff’s constitutional rights existed between the public and private actors.” Stagman v. … First, the second amended complaint clearly states the parties to the alleged conspiracy (Wruble and Shabazz).

Howard v. Warden

District Court, N.D. Indiana · Feb 25, 2025

Howard objected that the State had failed to establish a sufficient chain of custody to introduce the letter into evidence. … As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause.” Maples v. Thomas, 565 U.S. 266, 280 (2012); see also Coleman v.

Flying Squadron Foundation v. Crippen

201 Ind. 482 · Indiana Supreme Court · Feb 4, 1930

belongs to that class of cases in which, on appeal, this court is required to consider and weigh the evidence, and, if in the performance of such judicial duties, the judgment is not fairly supported by the evidence, or is clearly … In its introduction of the letters, it introduced specific letters which had been addressed to specific persons, but qualified the introduction of the letters as being of like tenor with the one introduced by Enquirer Printing

Brodanex v. St. John Town of

District Court, N.D. Indiana · Sep 29, 2022

Many of the dogs were so skinny that their hip bones, ribs, spine, and other internal features were clearly visible. Id. at 15. … Another contributing factor to the poor health status of many of these animals was likely a weakened immune system subsequent to inadequate nutrition.

Thomas v. United States

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

Oct. 18, 2021) (“An expert need not have particular academic credentials to be qualified.”). … First, the recordings of Thomas’s statements can clearly come in under the hearsay exclusion for opposing party statements.

Culp v. Reed

District Court, N.D. Indiana · Jan 27, 2023

Co., 629 F.3d 639, 643 (7th Cir. 2010) (explaining that “when there is no obvious origin to an injury and it has multiple potential etiologies, expert testimony is necessary to establish causation”); Moody v. … Barkhaus would be qualified to testify on Mr. Culp’s lost earnings,2 some of the conclusions in his report go beyond the subjects he is qualified to opine on.

RAP INDY, LLC v. ZURICH AMERICAN INSURANCE COMPANY

District Court, S.D. Indiana · Aug 4, 2021

Ultimately, the Court clearly erred by misreading Paragraph III.G of the scheduling order, so it will grant reconsideration in part and undertake a de novo analysis of the bad-faith claim. … First, witnesses do not need to be employed as claims investigators in order to be insurance experts if they are otherwise qualified. See Med. Protective Co. of Fort Wayne Ind. v. Am. Int'l Specialty Lines Ins.

In re Cunningham

478 B.R. 346 · United States Bankruptcy Court, N.D. Indiana · Aug 14, 2012

Virginia law clearly concludes that mechanics’ lien are statutory in nature. To begin, it is well to remember that the mechanics’ lien claimed by Tidewater was unknown at common law. Neff v. … Given this scheme, we believe that mechanic’s liens qualify as statutory liens. The legislative history to § 101(53) confirms this conclusion. Id. at 94 (citing H.R.Rep.

Griffith

District Court, N.D. Indiana · Nov 17, 2025

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. … Griffith cannot prevail on this suppression claim because he cannot show that the State courts’ decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the

In the Matter of the Termination of Parent-Child Relationship of R.E. and D.E. v. Indiana Department of Child Services

Indiana Court of Appeals · Jul 9, 2013

The Fourteenth Amendment to the United States Constitution protects the traditional rights of parents to establish a home and raise their children. Id. … For all of these reasons, the trial court’s determination on this issue is not clearly erroneous.