Case law

BEND v. SAUL

District Court, S.D. Indiana · Mar 11, 2021

Gregory alleged disability resulting from nerve damage, back issues, immune system issues, chronic pain, and asthma. (Dkt. 8-6 at 6, R. 162). … STANDARD OF REVIEW To qualify for disability, a claimant must be disabled within the meaning of the Social Security Act.

Schiro v. State

451 N.E.2d 1047 · Indiana Supreme Court · Aug 5, 1983

evidence presented had established historical facts constituting some mitigating circumstance. … Clearly, the statute merely authorizes the imposition of the death sentence, under such circumstances.

Levitz v. Commissioner of Social Security

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

“The Seventh Circuit [Court of Appeals] has not affirmatively established the threshold for the number of jobs in the national economy that qualifies as significant.” John C. v. … Clearly not.

Gillespie v. City of Indianapolis

13 F. Supp. 2d 811 · District Court, S.D. Indiana · Jun 5, 1998

Specifically, we understand that the Indianapolis Police Department requires all police officers to qualify for fire *818 arms proficiency and, as a logical extension, firearms use. See Plaint.Prelim.Inj.Br., Attach. 1. … Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir.1996) (plaintiff abandoned claim after failing to respond to argument in motion for summary judgment)), undoubtedly because the case law and legislative history argue so clearly

Sapp v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 4, 2020

The ALJ did not clearly explain whether he relied on any of the VE’s testimony when reaching his conclusions at step 4 and alternatively, step 5. (R. 26-27). … Sapp failed to establish she was entitled to a direct award of benefits and finds that remand is the appropriate remedy. V.

BELVIY v. KIJAKAZI

District Court, S.D. Indiana · Mar 9, 2022

Generally, a verbatim section exists establishing the same legal point with both types of benefits. See, e.g., 20 C.F.R. § 416.945(a)(1). … "Credibility determinations will not be overturned unless they are clearly incorrect. As long as the ALJ's decision is supported by substantial and convincing evidence, it deserves this court's deference."

Foy v. First National Bank of Elkhart

693 F. Supp. 747 · District Court, N.D. Indiana · Jun 6, 1988

No Bank procedure establishes the frequency of floor plan audits. The loan officer or the approving Bank committee determines frequency, depending on the debtor’s financial stability. … In such a situation, a court must not apply by analogy a provision that conflicts with a clearly applicable standard. Second, and more fundamentally, IND.

City of Austin Police Retirement System v. ITT Educational Services, Inc.

388 F. Supp. 2d 932 · District Court, S.D. Indiana · Sep 14, 2005

The California investigation related to whether one or more of the California ITT institutes had falsified records related to student attendance or academic progress or falsified grade point average calculations used to qualify … See SEC Release No. 530, at 4 (attempted use of SEC No-Enforcement Letter in civil or criminal action against investigated party is “clearly inappropriate and improper”).

MCCOY v. BIOMAT USA, INC.

District Court, S.D. Indiana · Jul 31, 2024

Illinois Trading Co., 811 F.3d 247, 255 (7th Cir. 2016) (default judgment is a "two-step process . . . clearly outlined in Rule 55(a) (entry of default) and Rule 55(b) (default judgment) of the Federal Rules of Civil Procedure … The ADA prohibits discrimination against qualified individuals on the basis of a disability, 42 U.S.C. §12101, but there is no allegation that Mr. McCoy is disabled.

RITCHIE v. WILSON

District Court, S.D. Indiana · May 17, 2025

The State PD also argued, "[t]he impairments attributable to an FASD establish a cause for Ritchie's behavior. … Thompson, 501 U.S. 722, 753-54 (1991), the Supreme Court established the general rule that an attorney's errors in a post-conviction proceeding will not establish "cause" for excusing procedural default of an issue in

JESTER v. KUENZLI

District Court, S.D. Indiana · Oct 7, 2020

IDOC policy provides for removable dental prostheses (e.g., dentures) for those offenders who qualify. Id., ¶ 6. … Jester qualified for an upper partial denture, but because he had all his anterior teeth on the bottom, he did not qualify for a lower partial denture. Id.; Dkt. 121-4, ¶ 9. Dr. Jimerson submitted a PPA form to Dr.

Jarrard v. Warden

District Court, N.D. Indiana · May 15, 2023

As a general rule, errors by post-conviction counsel do not qualify as cause to set aside a procedural default. Maples v. Thomas, 565 U.S. 266, 280 (2012). … However, as explained, errors by post-conviction counsel generally do not qualify as cause to set aside a procedural default. Maples, 565 U.S. at 280.

LYNCH v. KIJAKAZI

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

Accordingly, Bradley L. has established error. … s testimony qualified the activities that he was capable of performing based on his relative level of pain on good versus bad days. More to the point here, Bradley L.'

McKinney v. Superintendent

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

As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause.” Maples v. Thomas, 565 U.S. 266, 280 (2012). … We have explained that clearly established Federal law for purposes of §2254(d)(1) includes only the holdings . . . of this Court’s decisions.

GEORGE v. REPUBLIC AIRWAYS INC.

District Court, S.D. Indiana · Mar 17, 2021

George also has failed to identify any conduct of Republic Airways that qualifies as "extreme and outrageous," "exceed[ing] all bounds" tolerated by civilized society. … George is proceeding pro se, she should be afforded an opportunity to review this Order and submit an amended complaint that explains her claims more clearly and in greater detail if she is able. See Donald v.

Hitt v. Carr

62 Ind. App. 80 · Indiana Court of Appeals · Jun 22, 1915

As already shown, it is not averred that “Rósela” and “Drusilla” are idem sonans, .nor that appellee was commonly'known as “Rósela,” but it is clearly averred that the process was issued against “Rósela” and served on Drusilla … and extent of appellee’s possession and the use and control of the land by her and such members of her family under her directions, and were competent as a part of the res gestae of the continuing act of possession, to qualify

Patchett v. Commissioner of Social Security

District Court, N.D. Indiana · Jul 28, 2022

To qualify for disability, a claimant must have a severe impairment that either has lasted or is expected to last for a period of at least twelve months. 20 C.F.R. §§ 404.1509, 416.909. … further testing that may help establish the severity of her condition [R. 76]. The ALJ didn’t properly and fully consider the evidence related to Ms. Patchett’s reported migraines.

Skeens v. Warden

District Court, N.D. Indiana · May 4, 2022

Skeens didn’t clearly outline what additional steps he expected counsel to take. Id. Furthermore, even if counsel should have taken some additional step to obtain the computers, Mr. Skeens didn’t establish prejudice. … Skeens failed to establish prejudice. Skeens, 2020 WL 7019315 at 5.

Southlake Indiana LLC v. Lake County Assessor

Indiana Tax Court · Dec 8, 2020

to the Court that the Indiana Board’s final determination in this matter is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity … Finally, Southlake maintains that the Indiana Board failed to meaningfully address its comparable assessment analysis that clearly demonstrated that the Mall was overassessed. (See Oral Arg.

Stanley ex rel. M.C. v. M.S.D. of Southwest Allen County Schools

628 F. Supp. 2d 902 · District Court, N.D. Indiana · Dec 29, 2008

As noted above in footnotes 55 and 57, both Kris Kirby and Cheryl Carter were qualified teachers. *969 4. … As discussed in the next subpart, the teachers at SACS were sufficiently qualified and trained. .