Case law

WELLS v. THE FREEMAN COMPANY AND VAUGHN

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

The final factor, the length of job commitment, clearly favors independent contractor status. Wells planned to work for Freeman for just over a week. (Wells Dep. Tr. 79:22-23, ECF No. 148-3.) … Nor would checking Wells' attire for a day qualify as conduct that is in furtherance of Freeman's event-planning business to an "appreciable extent."

HARTSOCK v. IDOC

District Court, S.D. Indiana · Jan 23, 2024

"[A] preliminary injunction is an exercise of a very far- reaching power, never to be indulged in except in a case clearly demanding it." Orr v. … Hartsock has not established the three threshold requirements necessary for preliminary injunctive relief. A.

HOUSE

District Court, S.D. Indiana · Jun 25, 2026

Even if the Court excused Plaintiff's failure to attend the February 18 conference, other requirements of the show cause order are clearly unfulfilled. … Plaintiff is not an attorney and has not shown that he qualifies for an exemption to this policy.

Dave's Excavating, Inc. and Liberty Mutual Insurance Co. v. City of New Castle, Indiana

Indiana Court of Appeals · Jan 11, 2012

is of such a nature as to establish that any “technical data” on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. … The facts in Paden are clearly distinguishable.

Eli Lilly & Co. v. Zenith Goldline Pharmaceuticals, Inc.

264 F. Supp. 2d 753 · District Court, S.D. Indiana · May 15, 2003

The court believes this is a more reasonable approach, but one that does not leave the Burns Doane bills immune from review. 1. … Rule 37(a)(4) establishes a presumption in favor of a fee award for the party who prevails on the motion itself.

McBride v. Warden

District Court, N.D. Indiana · Aug 19, 2020

adjudication of the claim— (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … The Sixth Amendment affords criminal defendants the right to counsel, but a defendant also has a qualified right to self-representation if he so chooses. Faretta v. California, 422 U.S. 806, 835 (1975).

DELTA FAUCET COMPANY v. WATKINS

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

Watkins' goods do not qualify for the Delta Limited Warranty and are not subject to Delta's quality controls. [Filing No. 1 at 25; Filing No. 1 at 31-35.] considerable strength. [Filing No. 1 at 5.] … Taken together, these factors establish that there is a likelihood of confusion caused by Mr. Watkins' use of Delta Trademarks. Thus, Delta has established Mr.

CASTRO-AGUIRRE v. United States

District Court, S.D. Indiana · May 29, 2024

At trial, the Government established that Castro-Aguirre supervised the drug trafficking activities of nine people. … 564 U.S. 547 (2011), Castro-Aguirre contends that the admission of the CSLI evidence through Schumacher violated his rights under the Confrontation Clause because it deprived him of the ability to cross-examine a qualified

MIB, LLC v. FIELD

District Court, S.D. Indiana · Aug 24, 2023

Defendants also argue Plaintiffs have not sufficiently alleged claims against Defendants in their individual or official capacities, and that some Defendants are entitled to immunity. … Neither of Plaintiffs' arguments comports with well-established caselaw on claim preclusion or Indiana caselaw interpreting Indiana Code § 36-7-4-1613. 1.

King

District Court, N.D. Indiana · Mar 31, 2026

See [DE 45-1 at 17] (explaining that “[w]hile Reliance Standard does not dispute that Plaintiff may have been disabled beyond August 17, 2022 [sic], the record clearly establishes that she was not Totally Disabled solely … Administration (“SSA”) bolsters the argument that her physical condition is the cause of the “restrictions and limitations [that] preclude her from performing the essential duties of any occupation for which she is qualified

Culp v. Reed

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

May 13, 2013) (“[T]his case was very clearly a mixed result case and thus would be an appropriate occasion to deny each side’s bill of costs.”). 3. … However, this factor is “not satisfied simply because [a] plaintiff establishes that his constitutional rights have been violated.” Id.

Gregor v. Commissioner of Social Security

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

“[a]n award of benefits is appropriate . . . only if all factual issues involved in the entitlement determination have been resolved and the resulting record supports only one conclusion—that the applicant qualifies … Nonetheless, while Plaintiff’s limitations may have been greater than what the ALJ documented, the evidence does not clearly confirm his allegations of disability.

J W v. Metropolitan School District of Warren County

District Court, N.D. Indiana · Sep 30, 2021

The School shall arrange for that behavioral consultant or another similarly qualified behavioral specialist to work with School personnel in implementing the BIP he developed from the FBA. … The School shall also work with the consultant or similarly qualified behavioral specialist to develop an objective means of collecting objective data reflecting the student’s response to the BIP.

In Re Greives

81 B.R. 912 · United States Bankruptcy Court, N.D. Indiana · Mar 17, 1987

More harm than good would result from allowing creditors to establish a secured status by parol evidence after they have neglected the simple formality of obtaining a signed writing. … This does not mean however, that the Debtors need not pay adequate protection whatsoever to the Bank which is clearly undersecured.

Gill v. Hammond The City of

District Court, N.D. Indiana · Dec 11, 2023

Thus, if the factual allegations of the complaint establish that the suit is time-barred, a plaintiff may plead himself out of court. See Logan v. … As discussed above, the Plaintiff's claims against the Defendants pursuant to his present federal claims are clearly time-barred.

Foulks v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 23, 2020

Clearly, in the present case, the ALJ’s bare assertion that Plaintiff “improved” falls well short of showing genuine improvement let alone creating a connection between improvement and restored functioning. Lambert v. … Like a doctor, the physical therapist is a qualified professional, and the ALJ erred when she relied on legally “insufficient grounds for disbelieving the evidence of a qualified professional.” Id.

PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. v. COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH

District Court, S.D. Indiana · May 1, 2024

Accordingly, its prohibitions clearly encompass restrictions on conduct, such as driving a minor to receive an out-of-state abortion without parental consent, as well as speech, in the form of communications, including … otherwise qualify but is too far along in their pregnancy, the minor's only option for care would be to seek an abortion outside of Indiana.

Hoosier Environmental Council, Inc. v. U.S. Army Corps of Engineers

105 F. Supp. 2d 953 · District Court, S.D. Indiana · Jul 19, 2000

Baker was not qualified to express an opinion regarding the likelihood or foreseeability of secondary development that would be caused by the riverboat casino. … As the Court has noted, Mengel does not qualify as a neutral and objective observer, much less an environmental or engineer expert.

Ben-Yisrayl v. State

690 N.E.2d 1141 · Indiana Supreme Court · Dec 31, 1997

To qualify as fundamental error, the defendant bears the burden of proving that "the error [was] a substantial blatant violation of basic principles rendering the trial unfair to the defendant." Hart v. … First, the aggravating circumstances were clearly proven beyond a reasonable doubt.

Latitude Service Company v. Reese

District Court, N.D. Indiana · Sep 30, 2024

Reese clearly knew about the shared drive by January 30, 2018, when he sent Mr. Pyle an email on a separate matter and directed his attention to “the L: Drive.” [Id. at 12]. … If the DOL number is accurate, and Latitude has not objected to it, Latitude clearly retains only a small slice of the TPA industry.