Case law

John Haegert v. University of Evansville

977 N.E.2d 924 · Indiana Supreme Court · Nov 13, 2012

It was qualified by prohibiting entry “unless accompanied by security staff,” (Supp. … To the extent Haegert is asserting that his anecdotal file was used against him to establish a pattern of misconduct before the FPAC, we do not see the evidence the same way.

Bruno v. Commissioner of Social Security

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

While the Commissioner cites the regulatory definition of medical opinions, it does not explain why the examiners’ conclusions do not qualify. … Spores and Chau’s conclusions clearly qualify as “statements from acceptable medical sources that reflect judgments about the nature and severity of [Plaintiff’s] impairment(s), including [his] symptoms, diagnosis and prognosis

Shilts v. Commissioner of Social Security

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

Standard for Disability Disability benefits are available only to those individuals who can establish disability under the Social Security Act. Estok v. … A claimant qualifies as disabled if he or she cannot perform such work.

In Re Guidant Corp. Securities Litigation

536 F. Supp. 2d 913 · District Court, S.D. Indiana · Feb 27, 2008

Clearly, the parties’ disputes over what various Defendants knew and/or communicated during the class period are at the heart of this lawsuit. … Litig., 169 F.R.D. 104, 112 (N.D.Ill.1996) (following “the sound post-purchase rule established by the Seventh Circuit in Roots ”).

Johnson v. Centrome Inc

District Court, N.D. Indiana · Aug 23, 2023

Applying state law, the court further held that once the movant makes this showing, the party opposing application of the statute of repose must “come forward with evidence sufficient to establish a establish a genuine factual … But whether Johnson qualifies as a “user or consumer” of a defective product presents a more difficult question. See Ind. Code § 34-20-1-1.

Woodhollow Loft, Inc. v. Sisters of St. Francis Health Services, Inc.

472 B.R. 494 · District Court, N.D. Indiana · May 25, 2010

The Bankruptcy Court held that the Relief from Stay Motion cannot qualify as an informal proof of claim because it merely sought relief from the automatic stay and abandonment of the Leased Premises. *518 SSFHS acknowledges … In the present case, the Bankruptcy Court’s adoption of standard identified in In re: Fink was clearly appropriate.

FREEMAN v. OCWEN LOAN SERVICING, INC.

District Court, S.D. Indiana · Jul 5, 2023

The Seventh Circuit has clearly and unequivocally stated, The plaintiff "must establish standing at the time suit is filed and cannot manufacture standing afterwards." Pollack v. … And finally, the Supreme Court has clearly stated, "While the proof required to establish standing increases as the suit proceeds, the standing inquiry remains focused on whether the party invoking jurisdiction had the

Watkins v. Miller

92 F. Supp. 2d 824 · District Court, S.D. Indiana · Apr 24, 2000

Evidence is “cumulative” when it “goes to prove what has already been established by other evidence.” Smith v. … The prosecution clearly failed to produce responsive exculpatory information from the files of the Hancock County Sheriffs Department.

Mark Carter and John E. Carter, Co-Personal Rep. of the Estate of John O. Carter, M.D. v. Loretta Robinson, Individually and as Admin. of the Estate of John E. Robinson

Indiana Court of Appeals · Oct 30, 2012

Thus, expert testimony must be supported by appropriate validation or “good grounds” based on what is known establishing a standard of evidentiary reliability. Id. … The trial court abuses its discretion if its decision is clearly against the logic and effect of the facts and circumstances of the case, or if it misinterprets the applicable law. Id. at 976.

Grant v. North River Insurance

453 F. Supp. 1361 · District Court, N.D. Indiana · Jul 27, 1978

. § 1983 on a direct liability theory for having established an official policy or custom which caused or contributed to their injuries. … Obviously, these terms were meant to be applied to private corporate contexts where such offices exist and are clearly defined. Just as obviously, municipal corporations have no “directors or stockholders” as such.

The Pantry, Inc. v. Stop-N-Go Foods, Inc.

777 F. Supp. 713 · District Court, S.D. Indiana · Oct 22, 1991

A petroleum release is not affected by CERCLA, because petroleum does not qualify as a “hazardous substance” under CERCLA. … The warranties established by paragraph 13(C) provide three different assurances.

James McDuffy v. State of Indiana

Indiana Court of Appeals · Sep 10, 2014

As a result, McDuffy qualifies as an habitual offender. McDuffy’s claim to the contrary amounts to a request that we reweigh the evidence, which we will not do. … Thus, some of the evidentiary facts establishing the elements of Class A felony conspiracy to commit kidnapping also established all of the essential elements of the Class A felony kidnapping.

Robert J. Lambright, Shirley A. Lambright, and Dutch Land, Inc. a/k/a Dutchland, Inc. v. Dawn M. Gregory, as Guardian for Donna Lee

Indiana Court of Appeals · Jun 28, 2013

The trial court clearly relied on both Fry’s mathematical calculations and his underlying assumptions. … We express no opinion as to whether waiver has in fact been established.

Lepage v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 7, 2022

Mayle’s opinion by contending that it does not qualify as an opinion. However, in any event, the ALJ erred because she failed to consider Dr. … Clearly, remand is warranted for a proper analysis of the psychologists’ opinions. Next, Plaintiff argues that the ALJ erred in her RFC assessment and Step Five conclusion.

Holmes

District Court, N.D. Indiana · Aug 6, 2026

He argues that the charge clearly identified race discrimination as his reason for filing and generally alleged that he had been subjected to unlawful treatment because of his race. … Plaintiff does not advance any argument or offer any evidence to support the notion that his inquiry into his monetary grievance should qualify as a protected activity, and therefore waives this argument. See Cole v.

Cooper v. Rezutko

District Court, N.D. Indiana · Feb 10, 2022

Cir. 1988) (noting that work product immunity has been extended “to oral statements made by witnesses to attorneys ‘whether presently in the form of mental impressions or memoranda.’” … Yet the Court still analyzed whether the requested information qualified as protectable work product. Citing E.E.O.C. v. Jewel Food Stores, Inc., 231 F.R.D. 343, 346 (N.D.

Michael Carr v. State of Indiana

Indiana Supreme Court · Feb 24, 2026

To qualify as an eligible juror in a criminal case in the State of Indiana, a juror must be a citizen of the United States, at least eighteen years of age, a resident of the summoning county, be eligible to vote, meet certain … An error is fundamental error when the error “made a fair trial impossible or constituted a clearly blatant violation of basic and elementary principles of due process presenting an undeniable and substantial potential for

Crawford v. State

669 N.E.2d 141 · Indiana Supreme Court · Jun 28, 1996

Rule Crim p. 3 definition.[ [4] ] The use of "untried" as the qualifier for all three words supports this conclusion. … Clearly, the majority cannot be correct on this point. Such a requirement would simply afford the prosecution the means of avoiding the burdens of the Agreement, while enjoying the benefits of detainers.

Jones v. State

425 N.E.2d 128 · Indiana Supreme Court · Sep 2, 1981

Clearly the results of the test increased the likelihood that the bullets found in the defendant's pocket were from the same box as the bullet removed from the victim. … That is not to say that FBI Agent Riley was not a properly qualified expert witness on the subject.

Charles Poling v. Property Owners Insurance Company

Indiana Court of Appeals · Feb 13, 2014

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of Feb 13 2014, 9:56 am establishing the defense of res judicata, collateral … In making the above-stated allegations, Poling requested that the trial court appoint a qualified person as an Umpire pursuant to the terms of the insurance policy.