Case law

BOSTON SCIENTIFIC CORPORATION v. COOK GROUP INCORPORATED

District Court, S.D. Indiana · Feb 2, 2023

This "unreasonable delay" inquiry is derived from established legal standards that Kunin summarized and properly relied on in his report. … In that case, the Federal Circuit affirmed the denial of lost profits damages because the district court was not clearly erroneous in finding that the patentee had failed to establish a lack of acceptable non-infringing

Stork v. Commissioner of Social Security

District Court, N.D. Indiana · Apr 5, 2022

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.

Bauer v. Shepard

634 F. Supp. 2d 912 · District Court, N.D. Indiana · Jul 7, 2009

Judicial candidates may clearly express their views on legal and political issues without fear of being sanctioned by judicial or legal ethics authorities for doing so. … Clearly, a statement indicating that a candidate will rule in a particular way violates the “commitment” clause and the “promises” clause.

Shaw v. Beacon Health System, Inc.

District Court, N.D. Indiana · Jul 19, 2019

She is a senior manager in charge of a nursing division for Beacon and thus would clearly have knowledge on the subject. … So, what does “qualified individual” mean?

KENNETT TRUCK STOP, INC. v. WEISS

District Court, S.D. Indiana · Jul 19, 2022

Not every regulation that decreases property value qualifies for compensation. Penn Central Transp. Co. v. New York Cty., 438 U.S. at 144. … Kennett’s complaint doesn’t clearly articulate the existence of investment-backed expectations, which points away from the existence of a regulatory taking. iii.

SALCEDO v. RN STAFF INC.

District Court, S.D. Indiana · Mar 8, 2023

Salcedo's Second Amended Complaint is clearly not, itself, a separate claim. Considered together with Ms. … Amatorio argues, for the view that threats of deportation can never qualify as "serious harm."

American Amusement MacHine Ass'n v. Kendrick

115 F. Supp. 2d 943 · District Court, S.D. Indiana · Oct 11, 2000

Plaintiffs respond that video games, at least the more elaborate games now in circulation,- qualify as protected expression under the First Amendment. … If one of the listed injuries is depicted or represented, it will qualify as graphic violence.

WEIDEKAMP v. KIJAKAZI

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

Once step four is satisfied, the burden shifts to the SSA to establish that the claimant is capable of performing work in the national economy." Knight v. Chater, 55 F.3d 309, 313 (7th Cir. 1995). … § 404.1520(a)(4) and concluded that Lisa W. was not disabled and therefore did not qualify for benefits. [Filing No. 12-2 at 32.]

Terry Berry v. State of Indiana

Indiana Court of Appeals · Dec 26, 2013

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be Dec 26 2013, 5:22 am regarded as precedent or cited before any court except for the purpose of establishing … “‘[W]here a conviction is clearly sustained by the evidence and the jury could not properly have found otherwise,’” we will not reverse the conviction. Johnson v. State, 959 N.E.2d 334, 338 (Ind. Ct.

TRETO

District Court, S.D. Indiana · Feb 17, 2026

If a petitioner cannot establish one of the Strickland prongs, the Court need not consider the other. Groves v. United States, 755 F.3d 588, 591 (7th Cir. 2014). … apparent from evidence concerning the crime itself, from conversation with the defendant, or from other readily available sources of information, that the defendant has some mental or other condition that would likely qualify

MercAsia USA, LTD v. Zhu

District Court, N.D. Indiana · Feb 14, 2023

The Court finds summary judgment on infringement is inappropriate, as a material dispute of fact remains: whether several identified potential ports qualify as air ports. … In the Northern District of Indiana, the claims are construed in a process governed by Local Patent Rule 4-1, “which is designed to clearly establish the claims at issue early in the litigation.” See Days Corp. v.

REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. ROKITA

District Court, S.D. Indiana · Sep 27, 2024

Reporters Committee is not asserting standing by attempting to "convert ordinary program costs into an injury in fact," but has clearly demonstrated "new burdens . . . created by the law [it] is challenging." … The terms "serious inconvenience" and "alarm," however, did not give sufficient notice because they did not specify what type of behavior qualified as causing "serious inconvenience" or "alarm." Id. at 462.

Timothy Alex Lear v. State of Indiana

Indiana Court of Appeals · Jun 27, 2013

We will reverse only if a trial court’s decision is clearly against the logic and effect of the facts and circumstances. Id. … First, he argues that Detective Dike stated “a medical opinion which he is not qualified to give.” Appellant’s App. p. 158.

CAFE PATACHOU AT CLAY TERRACE, LLC v. CITIZENS INSURANCE COMPANY OF AMERICA

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

Mar. 12, 2021) ("If loss of use alone qualified as direct physical loss to property, then the term 'physical' would have no meaning."); MHG Hotels, LLC v. Emcasco Ins. … The Policy under review here clearly covers a loss to Patachou's physical property; it does not cover the owners' reduced use of the property in any particular fashion.

United States v. Cross

113 F. Supp. 2d 1253 · District Court, S.D. Indiana · Sep 1, 2000

Moreover, the case law clearly establishes that the government must prove not only that a defendant knew that the property involved represented illegal proceeds but also the defendant intended to promote an unlawful activity … It must be noted, however, that none of the purported "affidavits” submitted by her qualify as an affidavit or as an un-sworn declaration under 28 U.S.C. § 1746 .

Vasquez v. Steiner Enterprises Inc

District Court, N.D. Indiana · Oct 1, 2020

To defeat summary judgment by establishing a genuine dispute of fact, the non- moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” … To establish a prima facie case of race or age discrimination in the form of failure to hire, a plaintiff must offer evidence that: (1) he is a member of a protected class; (2) that he applied and was qualified for an open

Sutton v. Warden

District Court, N.D. Indiana · May 17, 2022

Sutton does not clearly assert any valid basis to excuse procedural default in the petition or traverse. … 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.

Reiber v. Mathew

271 F. Supp. 3d 968 · District Court, N.D. Indiana · Sep 25, 2017

Mathew and the Amended Com-' plaint fails to establish the necessary elements for a respondeat superior theory that would impute liability to the corporate defendants. Id., p. 8. … In Barnett, the court held that an employer whose employee’s authorized duties included determining whether individuals qualified for public aid could not be held liable for that employee’s sexual assault of a client because

Instituto Mexicano del Seguro Social v. Zimmer Biomet Holdings Inc

District Court, N.D. Indiana · Jan 5, 2021

To find an alternative forum inadequate, the court must conclude that “the remedy provided by the alternative forum is so clearly inadequate or unsatisfactory that it is no remedy at all.” … title to or ownership of property acquired through the commission of an offence established in accordance with this Convention” or “to order those who have committed offences established in accordance with this Convention

United States v. ANTHEM INSURANCE COMPANIES, INC.

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

The federal government then pays to the state the statutorily established share of the total amount expended as medical assistance under the state plan. Id. … "After the amendments, however, only disclosures in federal trials and hearings and in federal reports and investigations qualify as public disclosures." Id.