Case law

Tricarico Jr v. Marion General Hospital Inc

District Court, N.D. Indiana · Sep 8, 2021

There is an unwillingness to engage and devote the time needed for success of the Hospital, especially when the rest of the team is so clearly devoted and working hard. … Based on that, Tricarico contends that he has established the first element of an ADA claim–that he was a qualified individual with a disability.

LANTERI v. CREDIT PROTECTION ASSOCIATION, L.P.

District Court, S.D. Indiana · Jun 15, 2020

Lanteri argues that Defendants cannot establish the bona fide error defense as a matter of law because they do not identify any "error." Instead, Ms. … The third category of cases involves communications that are "plainly deceptive" or "clearly misleading on their face." Id. at 801.

LANGE

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

"A Rule 59(e) motion will be successful 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." … The jury's verdict was clearly not tainted by these purported improper influences. 2.

McGrath v. Dunecrest Condominium Association

District Court, N.D. Indiana · Apr 7, 2023

McGrath, are autistic and qualify as disabled persons under the Fair Housing Act. Both Tim and Martin have trouble facing unexpected circumstances, such as emergency situations. … But the response by the Plaintiffs does not clearly abandon the theory that the Individual Defendants could be liable for the failure to issue the necessary paperwork.

Smith v. Nexus RVs, LLC

District Court, N.D. Indiana · Jul 13, 2020

Potis concluded as follows: Clearly there is enough weight on the rear axle to allow for cantilever action to occur when adding weight to the rear of the coach. … The proponent of expert testimony must establish its admissibility by a preponderance of the evidence. Varlen Corp. v. Liberty Mut. Ins. Co., 924 F.3d 456, 459 (7th Cir. 2019).

ALBRECHT v. WARDEN

District Court, S.D. Indiana · Mar 28, 2024

Second, that the officer who conducted the forensic interview did not establish the 12-year-old boy's credibility. Id. at 9-10. … relief unless the state court's adjudication of a federal claim on the merits: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly

Hefty v. Commissioner of Social Security

District Court, N.D. Indiana · May 13, 2022

Clearly, both of these opinions are related to Plaintiffs ability to perform the demands of work. The Commissioner also argues that even if Dr. … The Seventh Circuit found this to not be true stating, “What is true is that whether the applicant is sufficiently disabled to qualify for social security disability benefits is a question of law that can't be answered by

QUALITY LEASING CO., INC v. FORDE TRUCKING INC.

District Court, S.D. Indiana · Mar 16, 2023

Citizens does not dispute that the check in question qualifies as an "instrument" under the statutes. Citizens also does not dispute that it was the payor bank regarding the check. (ECF No. 34 at 10.) … Under Indiana law, "[t]he first step in interpreting a statute is to determine whether the Legislature has spoken clearly and unambiguously on the point in question. . . .

OrthoPediatrics Corp. v. Wishbone Medical, Inc.

District Court, N.D. Indiana · Aug 31, 2021

See Muscarello, 610 F.3d at 425 (holding the burden of establishing proper jurisdiction is on the party asserting jurisdiction). … First, the Plaintiffs are clearly required to allege that the Defendants acted illegally in achieving their ends. See Watson Rural Water Co., 540 N.E.2d at 139.

Stalker v. Pierce

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.

Xi v. The Trustees of Purdue University

District Court, N.D. Indiana · Sep 8, 2025

Purdue argues Xi has not met the second element of this test because she cannot establish that she was qualified for promotion to full professor. … better qualified for the position at issue.”

SHERROD v. ALLISON TRANSMISSION, INC.

District Court, S.D. Indiana · Mar 29, 2021

Under the ADA, Sherrod must meet the threshold question of establishing whether she is a "qualified individual with a disability" through evidence that she is disabled within the meaning of the ADA and is qualified to perform … But her bald allegations rely solely on speculation or conjec- ture, clearly missing the mark she needs to defeat summary judgment on this issue. See McCoy v. Harrison, 341 F.3d 600, 604 (7th Cir. 2003).

Bailey, III v. Jezierski

District Court, N.D. Indiana · Sep 3, 2024

Bailey’s amended complaint does not clearly allege false arrest and imprisonment against Ms. Shorosh. However, Count III of the amended complaint does allege that Ms. … “To enhance public safety by facilitating the investigation of suspected criminal activity, communications to law enforcement officers are protected by [] qualified privilege.”

Kiskaden

District Court, N.D. Indiana · Jun 15, 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 … A preliminary injunction is a “very far-reaching power, never to be indulged in except in a case clearly demanding it.” Cassell v. Snyders, 990 F.3d 539, 544 (7th Cir. 2021) (quoting Orr v.

Gary Oswalt v. State of Indiana

995 N.E.2d 685 · Indiana Court of Appeals · Sep 30, 2013

There are no limits on the number of for-cause challenges, but each must be supported by specified causes or reasons that demonstrate that, as a matter of law, the venire member is not qualified to serve. Id. … We will reverse a trial court’s decision for an abuse of discretion where the court’s decision is clearly against the logic and effect of the facts and circumstances. Reeves, 938 N.E.2d at 14.

Aaron Edward Belcher v. State of Indiana

Indiana Court of Appeals · Dec 10, 2013

In addition to establishing the grounds for the misconduct, Belcher must also demonstrate that it rose to the level of fundamental error. Id. … Belcher maintains that this language—specifically the last two sentences—must be construed as clearly (if indirectly) denigrating remarks designed to portray defense counsel as a liar.

Beach v. United States

District Court, N.D. Indiana · May 22, 2020

An appeal waiver is valid and enforceable “‘so long as the record clearly demonstrates that it was made knowingly and voluntarily.’” Id. at 883 (quoting United States v. McGuire, 796 F.3d 712, 715 (7th Cir. 2015)). … This final ground also fails to establish any right to relief.

A.F. v. J.F.

Indiana Court of Appeals · May 14, 2012

precedent or cited before any court except for the purpose of FILED May 14 2012, 8:39 am establishing … However, it appears from argument of counsel at the motion to correct error hearing (and Father’s apparent concession) that Father is no longer considered a qualified individual to act as representative payee.

Karl Kapanke, Universal Am-Can, Ltd., and M.C. Schmitt Trucking, Inc. v. James Stovall and Tracy Stovall

Indiana Court of Appeals · Dec 26, 2012

The court refused to allow the Trucking Company to ask Nurse Dispenza that question, stating that “[s]he’s not qualified to give that opinion.” Id. at 420. Dr. … A trial court abuses its discretion only if its decision is clearly against the logic and effect of the facts and circumstances before the court. Id.

Welborn v. Ethicon Inc.

District Court, N.D. Indiana · Dec 12, 2022

Supp. 2d at 728 (“what the ‘something more’ is was not clearly established in Tapscott and has not been established since”)); see also Higginbotham, Dkt. #12, slip op. at 5-6. … are not qualified health care providers.”