Case law

PRICE v. DANFREIGHT SYSTEMS, INC.

District Court, S.D. Indiana · Jun 28, 2022

Specifically, Defendants argue that Plaintiff's pre-accident medical records establish that he suffered from the same conditions prior to the collision. … They must clearly identify the witness, state the subject matter of the expected testimony, and summarize actual opinions. Id. Slabaugh, 2015 WL 1396606, at *3.

In the Matter of the Guardianship of: M.A.M.J., a minor Diana Sullivan v. Katherine Ashley Oliver

Indiana Court of Appeals · Aug 6, 2013

Appellate Rule 65(D), this Memorandum Decision shall not be Aug 06 2013, 5:35 am regarded as precedent or cited before any court except for the purpose of establishing the defense of … (b) With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian.

Eli Lilly and Co. v. Emisphere Technologies, Inc.

408 F. Supp. 2d 668 · District Court, S.D. Indiana · Jan 6, 2006

Some of this information was public, but clearly not all of it was. … As noted, some of the slides from that presentation are clearly marked as confidential Emisphere information. See Ex. 463 at 212, 219. Dr.

Willis v. Commissioner of Social Security

District Court, N.D. Indiana · Jul 1, 2022

A claimant qualifies as disabled if he or she cannot perform such work. … Courts have clearly held that such a general statement without further explanation is not sufficient under the prior caselaw or the relevant updated regulations.

Chavez v. Commissioner of Social Security

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

Clearly, the ALJ did not ignore evidence or overemphasize Plaintiff’s activities. … Plaintiff contends that the ALJ “is not qualified to discuss muscular atrophy and no medical source is given for their assertions on the condition” (Pl. Br. 17).

CONTENT & COMMERCE, INC. v. CHANDLER

District Court, S.D. Indiana · Feb 1, 2022

The Members are supposed to receive profit distributions in accordance with the Payout Percentages established in the Operating Agreement. Records kept by Mr. … Chandler continues to receive and answer questions regarding the Video from customers who have purchased it, as she is the only Member qualified to deal with such matters.

Sierra Club v. Gates

499 F. Supp. 2d 1101 · District Court, S.D. Indiana · Aug 3, 2007

This testing established that hy-drolysate qualified as a corrosive capable of damaging skin and producing gastrointestinal injury, as would be expected from similar caustic solutions. … Irvine testified that the “report clearly demonstrates that there’s no expected reformation in hydrolysate under normal conditions....

McQuay v. Reagle

District Court, N.D. Indiana · Jan 16, 2024

upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. … “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to 8 Of note, an infirmary is distinct from the general population in that it understandably

Bolton

District Court, N.D. Indiana · Jan 30, 2026

“[A]n employee’s complaint does not immunize him from being subsequently disciplined or terminated for inappropriate workplace behavior.” Id. … General Motors asserts the defense of truth and qualified privilege.

Eli Lilly & Co. v. Perrigo Co.

202 F. Supp. 3d 918 · District Court, S.D. Indiana · Aug 22, 2016

Slocum is an expert by “knowledge, skill, experience, training, [and] education” qualified to render an opinion concerning infringement, See Fed. R. Evid. 702. The thrust of Defendants’ Daubert challenge is that Dr. … Plaintiffs have established that use of Amneal’s applicator will meet this limitation.

O'Connor v. Corps of Engineers, United States Army

801 F. Supp. 185 · District Court, N.D. Indiana · Jun 30, 1992

And, where a dredge-and-fill permit application does not concern a water dependent project, the Corps is to assume that practicable alternatives exist, unless the applicant “clearly demonstrates otherwise.” 40 C.F.R. § 230.10 … Plaintiff’s argument is based on the following interpretations of 33 C.F.R. § 330.5 (a)(26) and § 330.8, the CWA regulations that establish the nationwide 26 permit program and the Corps’ discretionary authority to both *

David Delong v. Kim Delong

Indiana Court of Appeals · Apr 16, 2013

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose Apr 16 2013, 8:27 am of establishing the defense of res … Again, “[a] decision is clearly erroneous if it is clearly against the logic and effect of the facts and circumstances before the trial court.” Id.

Frasier

District Court, N.D. Indiana · May 1, 2026

However, these are one-time examinations, and no treating relationship was established. … Johnson’s surgical opinion clearly reflect that Frasier experienced further left hip degeneration and increased pain later in the relevant period. See Abbott v. Astrue, 391 F.

Giger v. Warden

District Court, N.D. Indiana · Jul 20, 2020

Joseph Circuit Court but abandoned on appeal do not qualify under the Martinez exception, and the court will not further consider them. … 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.

United States v. BOARD OF SCH. COM'RS OF CITY OF INDIANAPOLIS, IND.

368 F. Supp. 1191 · District Court, S.D. Indiana · Dec 6, 1973

Those who testified to the contrary tended to qualify their opinions, and in some instances the facts presented by such witnesses simply did not support their conclusions. For example, Dr. … the General Assembly's seeming lack of attention to the problem to date, as the Court has no reason to doubt that the able members of that body will do their sworn duty to support the Constitution, once that duty is more clearly

Lasater v. House

805 N.E.2d 824 · Indiana Court of Appeals · Mar 30, 2004

An abuse of discretion occurs when the trial court's decision is clearly against the logic and effect of the facts and circumstances before the court, or if the court has misinterpreted the law. Johnson v. … Evidence Rule 702 provides as follows: (a) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert

Harmony Home of Huntington, Inc. v. Executive Director, Indiana Department of Homeland Security, The Members of the Fire Prevention and Building Safety Commission, Indiana Department of Homeland Security

District Court, S.D. Indiana · Mar 10, 2026

Title II of the ADA provides that "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of … Defendants do not dispute that they treat the Home differently than nuclear family homes or foster homes, so Plaintiff has established a prima facie case of intentional discrimination. 2.

GS CLEANTECH CORPORATION v. CARDINAL ETHANOL, LLC

District Court, S.D. Indiana · May 3, 2022

· Vague Billing – Each billing entry should provide a sufficiently detailed billing description so that the specific nature of the legal service provided can be clearly understood. … defendants submitted affidavits identifying the educational background, experience, and rates charged by some, but not all, of the attorneys and support staff that provided services during the course of this litigation, and establishing

BIOCONVERGENCE LLC v. ATTARIWALA

District Court, S.D. Indiana · Dec 18, 2019

Attariwala qualify as trade secrets. Accordingly, we turn next to assess whether Ms. … Until the evidence establishes that Ms.

THOMAS v. United States

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

Gentiva Health Servs., 356 F.3d 751, 753 (7th Cir. 2004) ("[U]nder Indiana law a prima facie case in medical malpractice cannot be established without expert medical testimony."). … Thomas clearly suffered back pain at FCI-Terre Haute, it is not clear what brought on his symptoms or how the medical staff could have better treated his pain.