Case law

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.

Fultz v. Indiana State of

District Court, N.D. Indiana · Nov 17, 2020

While the policy clearly indicates that an offender should follow up a lack of a response to an initial grievance with a notification and instructs that a lack of a response after an investigation is to be treated as a … The subsequent silence on the part of the prison qualifies as a lack of response to properly filed grievances in a manner that forecloses the availability of administrative remedies for Mr. Fultz.

MAXEY v. KIJAKAZI

District Court, S.D. Indiana · Sep 16, 2022

There is no medical opinion that clearly states that she had a substantial loss of one of these basic abilities. … Moreover, the record does not establish that the ALJ's relevant finding was material.

Donley v. Commissioner of Social Security

District Court, N.D. Indiana · Feb 3, 2021

An impairment that manifests only some of the criteria will not qualify, no matter its severity. Id. … While Cain’s notes are not the only factor in assessing the opinion, the ALJ could properly observe that the absence of notes clearly indicating that Plaintiff was not capable of going to work – as opposed to general complaints

ROWELL v. United States

District Court, S.D. Indiana · Dec 21, 2020

"An appellate counsel's performance is deficient if she fails to argue an issue that is both obvious and clearly stronger than the issues raised." Brown v. Finnan, 598 F.3d 416, 425 (7th Cir. 2010). … Because Hobbs Act robbery still qualifies as a crime of violence under the elements clause of § 924(c)(3)(B), any of the challenges Mr. Rowell contends counsel should have lodged would have been frivolous.

Irish 4 Reproductive Health v. United States Department of Health and Human Services

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

Certain religiously affiliated employers and universities (like Notre Dame) that didn’t qualify for the house-of-worship exemption objected to having to include coverage for contraception in their insurance plans. [Am. … The test under the Establishment Clause, as first articulated in Lemon v.

LONG v. FRENCH

District Court, S.D. Indiana · Jan 21, 2025

"'To recover damages under § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.'" Whitfield v. … Long spent sufficient time in segregated housing to qualify as an "atypical and significant" hardship for due process purposes. Mr.

Hartsock v. Indiana Dept of Corr

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

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 … We held that, quite apart from the state of mind required to establish the underlying constitutional violation—in that case, a violation of due process—a plaintiff seeking to establish municipal liability

Wilder v. Sheriff

District Court, N.D. Indiana · Nov 13, 2023

The trial court’s judgment imposed in 2012 clearly stated that his sentence would run “consecutive” to the sentence imposed in the #1125 case. See State v. Wilder, 52C01-0008-CF-67 (Miami Cir. Ct. … Pierce, 617 F.3d 947, 950 (7th Cir. 2010) (describing types of state court collateral review procedures that qualify for tolling under 28 U.S.C. § 2244(d)(2)); Littles v.

Scott v. Commissioner of Social Security

District Court, N.D. Indiana · Jan 4, 2023

Plaintiff contends that the ALJ was not qualified to determine that Dr. Bangura’s findings were “essentially normal”. Plaintiff points out that Dr. Bangura’s exam findings were not “essentially normal” as Dr. … Clearly, the ALJ needed to more carefully consider Dr. Bangura’s opinion pursuant to the regulatory requirements. Garcia v.

Korty v. Indiana University Health, Inc.

District Court, N.D. Indiana · Dec 21, 2022

Reagin was well qualified for the position. He had worked as a nurse, as well as an Associate Administrator at IUH Frankfort Hospital for over two years, with staff management and leadership responsibilities. Id. … This clearly provides another factor other than sex that justifies Reagin’s pay rate. According to Korty’s subjective belief, Reagin’s qualifications were not superior to hers. [DE 35 at 19.]

Holleman v. Zenk

District Court, N.D. Indiana · Oct 4, 2021

. § 1915A, the court must review the complaint and dismiss it if the action is frivolous or malicious, fails to state a claim, or seeks monetary relief against a defendant who is immune from such relief. … Likewise, the continuation of Holleman’s hearing from May 29th to July 10th cannot be said to have adversely impacted his post-conviction proceedings when he was clearly given additional time to present his case.4 See

BRAVARD

District Court, S.D. Indiana · May 18, 2026

"To establish disability discrimination, [a plaintiff] must show all three of the following elements: (1) that [s]he is disabled within the meaning of the ADA, (2) that [s]he is qualified to perform the essential functions … The evidence clearly establishes that Mr. Smith directed LHH to terminate Ms.

Eli Lilly and Co. v. TEVA PHARMACEUTICALS USA

657 F. Supp. 2d 967 · District Court, S.D. Indiana · Sep 23, 2009

Schreiber confidentially disclosed to Lilly his discovery that raloxifene could be used to prevent and treat autoimmune and immune-mediated diseases such as rheumatoid arthritis and osteoporosis; 24 (2) after proposals for … As Lilly asserts, the evidence presented at trial established that Dr.

Michelle D. Gauvin v. State of Indiana

Indiana Court of Appeals · Apr 17, 2014

A court does not need to find evidence proving guilt beyond a reasonable doubt to establish a factual basis for a plea. Id. at 77. … Gauvin’s Guilty Plea At the plea hearing, Gauvin’s counsel questioned her to establish a factual basis for the guilty plea.

Powell v. Commissioner of Social Security

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

Clearly, the ALJ’s conclusion is not supported by a logical bridge. Furthermore, Dr. … The ALJ was not qualified to assess the above evidence in the domain of Plaintiff’s ability to adapt and manage himself without expert input.

Browne v. Equifax Information Services LLC

District Court, N.D. Indiana · Jul 23, 2024

All else being equal, having a derogatory notation (such as an unpaid past-due debt) on a credit report can make obtaining credit or qualifying for a lease or loan more difficult. … While Indiana has established a counselor-patient privilege, see Ind.

Foster v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 19, 2022

Second, if an underlying impairment that could reasonably be expected to produce the symptoms is established, the ALJ must evaluate “the intensity and persistence of those symptoms to determine the extent to which the … Colvin, 812 F.3d 1121, 1125 (7th Cir. 2016) (finding that the ALJ was not “qualified or authorized” to interpret the medical data).

Allianz Global Risks US Insurance Company v. Technicolor USA, Inc

Indiana Court of Appeals · Jul 14, 2025

And any policy exclusions must clearly and unmistakably “bring within its scope the particular act or omission that will bring the exclusion into play.” PSI Energy, Inc. v. Home Ins. … This distinction is important because the insured bears the initial burden of establishing that a claim is within the policy’s insuring provisions. See Scottsdale Ins. Co. v.

KISSEL v. KIJAKAZI

District Court, S.D. Indiana · Jun 20, 2023

Treatment notes show that the claimant had improvement in her symptoms with medication shortly after establishing mental health treatment (Exhibit 5F). … Accordingly, remand is required for the ALJ to reevaluate his subjective symptom evaluation based on an accurate reading of the record and to more clearly articulate the reasons for his conclusions. B.