Case law

Burgess v. Commissioner of Social Security

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

Plaintiff argues that the record clearly shows that Plaintiff’s pain management treatment has not been limited to “conservative care.” … Fischer also indicated that he was simply not qualified to evaluate CRPS and its related symptoms including pain. When asked if he was familiar with CRPS, Dr.

CLARKSVILLE MINISTRIES, LLC. v. TOWN OF CLARKSVILLE, INDIANA

District Court, S.D. Indiana · Jan 17, 2023

This Court agrees that the Town's license revocation proceeding qualifies as a quasi- criminal civil enforcement action under Younger. The Court now turns to the Middlesex factors. 2. … The Circuit Court clearly has the power to grant CM a temporary restraining order, a preliminary injunction, award monetary damages, and determine whether the Town's actions are constitutional.

Morgan Drive Away, Inc. v. International Brotherhood of Teamsters of America

166 F. Supp. 885 · District Court, S.D. Indiana · Oct 28, 1958

The intention of the contract is further clearly stated in paragraph two in the following: “ * * * when the Regional Director is satisfied that the terms of this agreement have been carried out by the unions, requests leave … Plaintiff is a corporation organized under and existing by virtue of the laws of the State of Indiana, and is duly qualified to transact business in Indiana and other States.

Kathay Van Dyne v. IOM Health Systems LP, d/b/a Lutheran Hospital of Indiana

Indiana Court of Appeals · Jul 19, 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 of establishing Jul 19 2013, 10:36 am the defense of … Lomax, 465 N.E.2d at 734-35 (describing examples offered by the patient of claims that would be subject to the Act if the Act were construed to apply to every claim by a patient against a qualified health care provider

TAYLOR v. SAUL

District Court, S.D. Indiana · Jul 9, 2019

But, the statement in the record does not clearly establish that the Plaintiff directed Dr. Gangadhar to provide any specific assessment. Alternatively, it’s conceivable that Dr. … However, statements from sources that do not qualify as acceptable medical sources can still be significant to the evaluation of the claim.

Anessa B. Bennett v. State of Indiana

Indiana Court of Appeals · Sep 30, 2014

This court held that “[t]he dissent clearly establishes that a 7(B) review ‘is more expansive and may consider more than simply a “re-look” at the appropriate aggravators and mitigators.’” Id. … It recognized a Blakely violation and found that only [Bennett’s] criminal history qualified as a proper 33  aggravator.

Jamone Williams v. Quality Correctional Care, LLC, Nurse Tessa Lehman, Nurse Jeanie Herman, Nurse Jacqueline Ryan, Nurse Kelly Studebaker, Nurse Janice Gilbert, Mikhail Galperin MD, and Allen County Sheriff Troy Hershberger

District Court, N.D. Indiana · Mar 20, 2026

The Plaintiff also does not establish that Dr. … Without such a statement by a qualified expert, there is no basis for establishing that MRSA caused the need for the Plaintiff’s amputation. See United States v.

AMERICAN HOME HEALTHCARE SERVICES, INC. v. FLOYD MEMORIAL HOSPITAL AND HEALTH SERVICES

District Court, S.D. Indiana · Jun 26, 2020

Most patients seeking home health services are older, and many qualify for Medicare. … American has failed to establish a relevant geographic market, or, more precisely, has failed to establish its asserted relevant geographic market—the brick and mortar structure that houses Floyd Hospital.

KNAUF INSULATION, LLC v. JOHNS MANVILLE CORPORATION

District Court, S.D. Indiana · Jun 24, 2024

The 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." … Not all choices qualify, though ….

HESTON v. INTERNATIONAL MEDICAL GROUP, INC.

District Court, S.D. Indiana · Mar 24, 2021

Review of the Application, Declaration, and Master Policy, the documents that comprise the insurance contract, clearly and unambiguously establishes that the par- ties to the insurance contract are Heston and Sirius. … IMG clearly and unambiguously disclosed the identity of its principal Sirius to Heston in the Application, Certificate, and Declaration.

City of Logansport v. Public Service Commission

202 Ind. 523 · Indiana Supreme Court · Jul 1, 1931

Braden, supra, it was held that a city had implied or inherent power, not only to light its streets and to establish works to produce the electric current for that purpose, but also, in connection therewith, to furnish its … The right to regulate public utility rates is a power vested in the state.It may be delegated to the municipality but such an *536 intent must clearly appear.

Sean Cole v. State of Indiana

Indiana Court of Appeals · Sep 24, 2012

State and held that a police officer or law enforcement official who is offered and qualified as an expert in the area of drugs, drug trade, drug trafficking, etc., may offer testimony as to whether … “The purpose of an instruction is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to 10 comprehend the case clearly and arrive

BEAVERS v. BISIGNANO

District Court, S.D. Indiana · Aug 7, 2025

Additionally, when constructing the logical bridge, the ALJ must be careful not to "play the role of doctor and interpret medical evidence when he or she is not qualified to do so." Murphy v. … April argues that the ALJ overlooked evidence in the record that clearly established functional equivalence to a Listing. April points to the Ages & Stages Questionaries completed as a part of Dr.

May v. Carriage, Inc.

688 F. Supp. 408 · District Court, N.D. Indiana · Jul 11, 1988

This court must defer to the PTO decision because deference is “due to a qualified government agency presumed to have properly done its job....” American Hoist & Derrick Co. v. … The examiner’s allowance of that claim and those which depend from it was clearly erroneous.

Copeland v. Wabash County, Indiana

District Court, N.D. Indiana · Sep 16, 2020

Second, the Defendants argue that the Plaintiffs’ proof falls short of establishing commonality. [DE 14 at 10]. … Second, Plaintiff's counsel must be qualified, experienced, and able to effectively conduct the litigation.

Frances Ashton v. City of Indianapolis

Indiana Court of Appeals · Oct 17, 2013

Despite reviewing Ashton’s version of events, Deputy Chief Pierce concluded that “Ashton was insubordinate because she clearly ignored directives that Sergeant Hoenstine gave to her. … This is substantial evidence establishing Ashton’s insubordination.

Bartole v. Indiana State of

District Court, N.D. Indiana · Aug 15, 2024

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 reviewing a motion for alteration or revocation of bail, credible hearsay evidence is admissible to establish good cause.” Ind. Code. § 35-33-8-5.

Laggner v. Commissioner of Social Security

District Court, N.D. Indiana · Nov 2, 2021

A claimant qualifies as disabled if he or she cannot perform such work. … Laggner fails to point to is any objective evidence establishing the existence of traumatic brain injury.

State ex rel. Western Construction Co. v. Board of Commissioners

166 Ind. 162 · Indiana Supreme Court · Feb 21, 1906

In that case the facts were that in 1819 a majority of the qualified voters of Daviess county, Indiana, had, pursuant to statute, voted in favor of a proposition to subscribe for stock in a railroad company, and to issue … E. 913 , where it was said: “Complainants, by their own bill and proceedings under it, have established the rights of defendants which they now attempt to defeat. This, clearly, they can not do.” See, also, Kelly v.

Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.

260 F. Supp. 3d 988 · District Court, N.D. Indiana · May 12, 2017

A state environmental protection agency’s substantial involvement in a cleanup can also establish compliance with the NCP. NutraSweet Co. v. … Here, however, contamination had clearly been identified at the site prior to the Phase I assessment, as Valbruna bid on the site knowing it would be sold under a remediation agreement with IDEM.