Case law

DURM v. MARION COUNTY, INDIANA SHERIFF'S OFFICE

District Court, S.D. Indiana · Mar 31, 2025

Well-established Seventh Circuit caselaw, as referenced below, makes clear that Deputy Durm, Sr. had neither a cognizable "special relationship" with the Defendants nor had he been placed by the State in a position of … The issuance of this order is enough to qualify as an affirmative act on the part of the officials.

Taylor v. Commissioner of Social Security

District Court, N.D. Indiana · Dec 16, 2021

This is a very important issue because, as Plaintiff points out, the shoulder limitations could potentially qualify Plaintiff for benefits. 12 Thus, … Clearly, the ALJ should have reviewed this evidence more carefully to ascertain whether Plaintiff did, in fact, meet or medically equal Listing 1.04A.

Aspen American Insurance Company v. Interstate Warehousing Inc

District Court, N.D. Indiana · Aug 14, 2021

As previously established, a trial court only has power to exclude evidence in limine when the specific piece of evidence is clearly inadmissible on all potential grounds. . . . … As previously established, a trial court only has power to exclude evidence in limine when the specific piece of evidence is clearly inadmissible on all potential grounds. . . .

Barney v. Zimmer Biomet Holdings Inc

District Court, N.D. Indiana · Jul 29, 2021

Zimmer has clearly demonstrated that severance package decisions are based on policy and Ms. Barney was unable to demonstrate otherwise. … Barney establishes a prima facie case, the burden then shifts to Zimmer to establish one of four statutory defenses, “which kick in if the difference in pay is attributed to (i) a seniority system; (ii) a merit system;

In re Fedex Ground Package System, Inc., Employment Practices Litigation

283 F.R.D. 427 · District Court, N.D. Indiana · Apr 24, 2012

To establish a violation of the FMLA, a driver will have to establish that (1) the driver was eligible for the FMLA’s protections (in other words, an employee), (2) FedEx Ground was covered by the FMLA, (3) the driver was … Industrial Comm’n, 123 Ill.App.3d 1096 , 80 Ill.Dec. 421 , 465 N.E.2d 533, 536-537 (1984), the court noted that the agreement (an equipment lease) “clearly plaee[d] the right to control in” the hiring party, but still went

Cobb v. Wexford Health Services

District Court, N.D. Indiana · Aug 22, 2024

. § 1915A, the court must screen the 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 … The court acknowledged Cobb’s disagreement but concluded it “doesn’t establish he is currently failing to receive adequate medical care.” Id. at 10 (citing Lockett v.

Charles E. Hill & Associates, Inc. v. CompuServe, Inc.

65 F. Supp. 2d 924 · District Court, S.D. Indiana · Apr 9, 1999

If the patentee chooses to do that, he or she must clearly state the special definition in the specification or file history of the patent. Id. … As with the proposed definition for storing, Hill encourages the Court to drop the qualifying language from the ordinary dictionary meanings of the word “maintain.”

In re Fedex Ground Package System, Inc.

273 F.R.D. 424 · District Court, N.D. Indiana · Mar 25, 2008

To establish a violation of the FMLA, a driver will have to establish that (1) the driver was eligible for the FMLA’s protections (in other words, an employee), (2) FedEx Ground was covered by the FMLA, (3) the driver was … Industrial Comm’n, 123 Ill.App.3d 1096 , 80 Ill.Dec. 421 , 465 N.E.2d 533, 536-537 (1984), the court noted that the agreement (an equipment lease) “clearly plaee[d] the right to control in” the hiring party, but still went

Beatriz Morales v. Housing Authority of South Bend and Attorney General of Indiana

Indiana Court of Appeals · Mar 24, 2014

(c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, shall be clearly stated on the notice of claim or on an additional sheet to be served with … section does not prohibit a court from reviewing and modifying a finding of indigency by the court or a clerk if a person who received relief from the payment of required fees or other court costs ceases to qualify

Linda S. Bergal v. David A. Bergal and Joseph M. Sanders, as Successor-Trustee of the Milton B. Bergal Trust

Indiana Court of Appeals · Jul 28, 2020

But there are no material differences relevant to this case between the version in place in 1891 and the version in place today. 12 Clearly, given the case name, Rickert was a case in which an estate … She does not explain why the verdict form qualifies as such, nor does she cite to specific portions of the forms as evidence of her contention. [57] The forms were entitled “Verdict Form.”

Wireman v. State

432 N.E.2d 1343 · Indiana Supreme Court · Mar 26, 1982

The statutes further provide: "If at any time a jury shall not be drawn, then the clerk of the court shall select from among the properly qualified residents of such county, a jury for such term who shall be summoned and … There is no testimony to establish that fact, nor can the matter be resolved by resort to inference on the basis of the record before us.

Yoder v. Dolgencorp, LLC

District Court, N.D. Indiana · Nov 21, 2024

“[M]otions to strike are disfavored and will generally be denied unless the portion of the pleading at issue is clearly prejudicial and of no possible relevance to the controversy at issue.” Mayberry v. … As this Court has previously stated, “these ‘equitable’ affirmative defenses must be pled with the specific elements to establish the defense or at least some direct or influential allegations as to each element of the

EMLEY v. WAL-MART STORES, INC.

District Court, S.D. Indiana · Jan 8, 2020

As such, the issue presented is of the type that readily qualifies as abstract and wholly legal, as the Seventh Circuit has directed. Id. at 677 (citing United Airlines, Inc. v. … It does not establish any rights for any person and is not binding on the FDA or the public.

Branscomb v. Wal-Mart Stores East, LP

District Court, N.D. Indiana · Aug 5, 2020

“it is not clearly obvious . . . that a store manager’s failure to act constitutes participation, authorization, or direction.” Id. … Wal-Mart is incorporated in Delaware, so this Court will look to Delaware corporate law to determine who qualifies as a corporate officer. Title 8, Section 142 of the Delaware Code addresses corporate officers.

Detterline v. Commissioner of Social Security

District Court, N.D. Indiana · Oct 21, 2019

Stein, 294 F.3d 885, 893 (7th Cir. 2002) (parties to an administrative proceeding must satisfy the ALJ that their experts are qualified). … Clearly, remand is necessary so the ALJ may subject Plaintiff’s most recent MRI demonstrating spinal cord compromise to medical expert scrutiny.

Interlogic Outsourcing, Inc. v. OneSource Virtual, Inc.

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

The court isn’t a law office established for legal advice—the federal judiciary decides cases, not hypothetical outcomes. … The $10,000 figure is clearly a payment schedule for customer services, not technical and support fees.

DOE v. THE TRUSTEES OF INDIANA UNIVERSITY

District Court, S.D. Indiana · Mar 31, 2022

Furthermore, in opposing this summary judgment motion, Doe did not respond to Defendants' arguments that Associate Dean Allen and Kuester are improper parties for injunctive relief and are protected by qualified immunity … That connection "between [the doctor's] lack of candor in the application process and his capacity to be trusted with patient care clearly pushe[d] [the] decision into the realm of an academic dismissal."

Pond v. McNellis

845 N.E.2d 1043 · Indiana Court of Appeals · Apr 13, 2006

The court, in the original decree, clearly expressed, by the manner in which it phrased its order for fees, that the same was issued for the benefit of [Pond]. *1050 2. … "[T]o qualify as a bona fide purchaser, one has to purchase in good faith, for a valuable consideration, and without notice of the outstanding rights of others." Keybank Nat'l Ass'n v.

MARSHALL v. ASCENSION HEALTH

District Court, S.D. Indiana · Jul 25, 2019

Determining the credibility and relative weight of facts, unless those facts are clearly feigned, are jury functions and must not be considered in evaluating a motion for summary judgment. … To establish a prima facie case of disparate treatment based on sex discrimination, a plaintiff must establish that (1) she is a member of a protected class; (2) her job performance met her employer’s legitimate expectations

Louisville, New Albany & Chicago Railway Co. v. Miller

141 Ind. 533 · Indiana Supreme Court · May 10, 1894

It has long been the established rule in this State that an exception to the conclusions of law stated on a special finding of facts admits that the facts have been fully and correctly found. Hartman v. … When the case is one in which all the facts *554 can be presented to the jury, then no opinion can be given, because the jury are as well qualified as the witness to form a conclusion.