Case law

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  • SMITH v. GOLDEN RULE INSURANCE COMPANY

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

    a classification of qualifying residential programs and articulated the relevant criteria for a program to be considered qualifying. … and non-qualifying [psychiatric residential treatment facilities]."

    Cited 0 timesUnknown
  • PACK v. SAUL

    District Court, S.D. Indiana · Oct 24, 2019

    The ALJ considered new arguments and evidence.5 She discussed the merits of Clara P.’s claim that she qualified for an exception to the GPO. … The Seventh Circuit has held that if the “defendants were sued only in their official capacities, then they would clearly be privies.

    Cited 0 timesUnknown
  • Wilson v. Johnson

    District Court, N.D. Indiana · Nov 20, 2023

    Additionally, whether the allegations establish actual knowledge or whether the defendant’s response to known acts was clearly unreasonable so as to permit an inference of deliberate indifference, may be decided on a motion … Second, in seeking to establish knowledge, “it is not enough the misconduct is reported to any employee.

    Cited 0 timesUnknown
  • DirectBuy, Inc. v. Buy Direct, LLC

    District Court, N.D. Indiana · Mar 8, 2022

    The Purchase Agreement clearly demonstrates an intent by the parties thereto to negate successor liability for the purchasing company. It states, among other things, that CSC Generation, Inc. … the sale”); In re Trans World Airlines, Inc., 322 F.3d 283, 290 (3d Cir. 2003) (holding that § 363(f) asset sale extinguished rights under an EEOC settlement of class-wide employment-related claims because those claims qualified

    Cited 0 timesUnknown
  • ELI LILLY AND COMPANY v. KENNEDY

    District Court, S.D. Indiana · Sep 30, 2025

    But even where disparate terms appear in the same sentence, the court analyzes the unqualified term by reference to a qualified term that appears elsewhere throughout the statute. See id. at 391. … Ct. at 1512, that threshold must be clearly defined and consistently applied.

    Cited 0 timesUnknown
  • CFA, INC. v. CONDUENT STATE & LOCAL SOLUTIONS, INC.

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

    App. 1990) ("To be enforceable, it must clearly appear that it was the purpose or a purpose of the contract to impose an obligation on one of the contracting parties in favor of the third party."). … Under New York law, liability-limiting provisions are unenforceable only when, in contravention of acceptable notions of morality, the misconduct for which it would grant immunity smacks of intentional

    Cited 0 timesUnknown
  • Tompulis v. Commissioner of Social Security

    District Court, N.D. Indiana · Jul 10, 2020

    Clearly, Dr. Parks, Plaintiff’s treating psychiatrist, is an acceptable medical source. Pyles v. … Plaintiff contends that the ALJ was not permitted to ignore those qualifying statements about Plaintiff’s difficulties standing when volunteering.

    Cited 0 timesUnknown
  • Ray

    District Court, N.D. Indiana · Feb 23, 2026

    1915A, I 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 … While an error clearly occurred, it is unclear that the error was caused by anyone on the review committee.

    Cited 0 timesUnknown
  • 1st Source Bank v. Zerteck Inc

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

    The complaint clearly identifies the contracts in question as BNRV’s agreements to purchase the 21 RVs. [DE 111 at ¶¶34, 37.] … Although an established course of dealing or course of performance may “give particular meaning to and supplement or qualify terms of an agreement,” it does not constitute the agreement. I.C. §26-1-1-205(4).

    Cited 0 timesUnknown
  • Jacquay v. Commissioner of Social Security

    District Court, N.D. Indiana · Sep 14, 2022

    Clearly, not all issues of “concentration” or “pace” can be resolved by making tasks simpler. See, e.g., Varga v. … Nonetheless, “[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

    Cited 0 timesUnknown
  • KINDER

    District Court, S.D. Indiana · Mar 2, 2026

    Moreover, if a plaintiff fails to prove they were qualified for a promotion, their subsequent denial of that promotion does not constitute an adverse employment action. Dandy, 388 F.3d at 275 (citing Patt v. … Causal Connection Even if Kinder could establish a materially adverse action, there is clearly no causal link between her filing of the EEOC charge and lawsuit and the denial

    Cited 0 timesUnknown
  • Boddie v. Morales

    District Court, N.D. Indiana · Feb 18, 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 … He also claims that after the Criminal Conversion charges were dropped on May 2, 2017, “probable cause was never established . . .

    Cited 0 timesUnknown
  • U.S. Sec. & Exch. Comm'n v. ITT Educ. Servs., Inc.

    303 F. Supp. 3d 746 · District Court, S.D. Indiana · Mar 23, 2018

    Wash. 2007) ("[P]ersuasive authority indicates that audit committee members, including outside directors, who sign SEC filings qualify as control persons"); In re Alstom SA Sec. … Fitzpatrick clearly participated in the offerings because they were the CEO and CFO and signed the false and misleading filings. [Filing No. 257 at 10.]

    Cited 3 timesPublished
  • WILLIAMS v. BOLEY

    District Court, S.D. Indiana · Jul 5, 2023

    Moreover, an expert opinion is not helpful˗˗or needed˗˗to establish that it is a departure from established standards to shoot and kill someone who is surrendering a firearm. Therefore, Ms. … excessive force) has been established. See id. Accordingly, Ms.

    Cited 0 timesUnknown
  • Dowdle v. Central Brick Co.

    206 Ind. 242 · Indiana Supreme Court · Mar 6, 1934

    These options, under a provision contained therein, were renewed from time to time until finally exercised, the exact number of times is not clearly shown. Neither Mr. Cowles nor Mr. … The Southern Indiana Clay Products Company, being cause No. 7249, by which complaint, the Uhl Pottery Company sought to establish and quiet title to an easement across certain property owned by the Southern Indiana Clay Products

    Cited 2 timesPublished
  • Wright v. Commissioner of Social Security

    District Court, N.D. Indiana · Sep 30, 2022

    Eventually, high blood sugar levels can lead to disorders of the circulatory, nervous, and immune systems. … App’x 190, 193 (7th Cir. 2020), and this argument clearly fits into that category.

    Cited 0 timesUnknown
  • Autocephalous Greek-Orthodox Church of Cyprus v. Goldberg & Feldman Fine Arts, Inc.

    717 F. Supp. 1374 · District Court, S.D. Indiana · Aug 3, 1989

    Whether one qualifies as a good faith purchaser is determined by evaluating certain factors. … Instead, Goldberg now bears the burden of establishing her good faith.

    Cited 20 timesPublished
  • ANDRES v. United States

    District Court, S.D. Indiana · Sep 25, 2025

    clearly and based on objective criteria." Mullins v. Direct Digital, LLC, 795 F.3d 654, 659 (7th Cir. 2015). … Ill. 1973) (raising jurisdictional concern under the Little Tucker Act sua sponte and noting that "the proposed class definition will have to limit the class to those persons who would otherwise qualify as class members

    Cited 0 timesUnknown
  • Michael C. Wilson v. State of Indiana

    Indiana Court of Appeals · Oct 24, 2014

    The post-conviction court is the sole judge of the evidence and the credibility of the witnesses, and we accept the court’s findings of fact unless they are clearly erroneous.3 Dickens v. … Testimonial statements by a person who is absent from trial are prohibited even if they qualify for a state hearsay exception. Fowler v.

    Cited 0 timesUnpublished
  • WILLIAM JEFFREY BURNETT V. CONSECO LIFE INSURANCE COMPANY

    District Court, S.D. Indiana · Mar 25, 2022

    They also argue that the RSA did not establish a filed rate at all. Id. at 44. … For these reasons, on the elements of contract formation and breach, "common questions clearly predominate." Messner, 669 F.3d at 815–16. c.

    Cited 0 timesUnknown

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