Case law

Lovato v. Wal-Mart Stores Inc

District Court, N.D. Indiana · Jul 10, 2019

Walmart says that because Lovato cannot establish a question of fact as to the second, third, or fourth elements, her claim fails. … Like with the status-based claims, Walmart argues that Lovato cannot establish that she performed up to Walmart’s legitimate expectations and that she cannot establish that she was treated less favorably than employees

GEFT OUTDOOR LLC v. CITY OF FISHERS, INDIANA

District Court, S.D. Indiana · Aug 11, 2022

Applicable Law Injunctive relief under Federal Rule of Civil Procedure 65 is "an exercise of very far-reaching power, never to be indulged in except in a case clearly demanding it." … "If the moving party cannot establish . . . these prerequisites, a court's inquiry is over and the injunction must be denied." Abbott Laboratories v.

McGuire v. Thompson

District Court, N.D. Indiana · Jul 1, 2022

To the contrary, the facts and legal issues are clearly set forth in the extensive briefing and medical records. Mr. … The doctor’s impression was that the wrist was healed, and she told him he did not qualify for a special housing pass. (Id. at 34.)

CRAIG

District Court, S.D. Indiana · Aug 7, 2026

Hicks' assertions about what led to the fire do not purport to establish the origin of the fire as the City claims. … Hicks' Report clearly explains the sources and methodology relied upon. Id. at 10 (citing Filing No. 290-1 at 6–7). The Court agrees.

Wilhelm Construction, Inc. and J.C. Riberger Construction Corporation v. Secura Insurance, a Mutual Company and Davenport Masoney, Inc. (mem. dec.)

Indiana Court of Appeals · May 24, 2017

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any May 24 2017, 8:32 am court except for the purpose of establishing … Wilhelm-Ripberger Contract entered into between Wilhelm and Ripberger. 3 The Ripberger-Davenport Contract provides the specific types of insurance which much be provided by Davenport, but does not clearly

Sater

District Court, N.D. Indiana · Jan 27, 2026

Caldwell is not qualified to testify on Mr. Sater’s need for pain management because he is “not a pain management physician.” … Zimmerman’s analysis did not comport with established practice. The Court denies Defendants’ motion in limine. 11. Motion to Bar testimony of Dr.

In Re Wabash Valley Power Ass'n, Inc.

77 B.R. 991 · United States Bankruptcy Court, S.D. Indiana · Sep 21, 1987

The PSC has simply and clearly stated that Wabash cannot raise its rates to pay for Marble Hill. Wabash can request a rate increase if necessary “to maintain its credit and meet its financial obligations.” … Pratt agreed, and testified that Lindsay’s report is not a true valuation that would be accepted by a qualified appraiser. XVIII, pp, 34-35, 46.

Harris v. Regal-Beloit America, Inc.

District Court, N.D. Indiana · Sep 27, 2023

for the position; and (4) the employer [hired] someone outside the protected group who was not better qualified than the plaintiff.” … First, it claims that Plaintiff “cannot establish any decisionmaker knew he had ever complained of age discrimination.” (ECF No. 62-1 at 15) (original emphasis). The Court cannot agree.

ELI LILLY AND COMPANY v. KENNEDY

District Court, S.D. Indiana · Oct 3, 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.

Merriman

District Court, N.D. Indiana · Feb 6, 2026

Disability Standard To qualify for DIB and SSI, a claimant must be “disabled” as defined under the Act. … None of the assessed RFC limitations—such as the ALJ’s limitation to only simple instructions and simple work-related decisions—appear to clearly address fatigue. See, e.g., Allensworth v.

KIRCHNER v. KIJAKAZI

District Court, S.D. Indiana · Sep 29, 2022

He also explained that he and Janice K. established a joint checking account in order to qualify Janice K. to receive health insurance from Lilly, but he does not regularly use that account and instead keeps his money in … § 1382(a) (establishing income and resource limits for eligibility).

REPUBLIC AIRWAYS INC. v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS

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

That the underlying dispute might itself qualify as "minor" does not, as a matter of law, deprive federal courts of the authority to resolve challenges asserted under § 153 First (q). See id. … The dispositive inquiry "is not whether the arbitrator or arbitrators erred in interpreting the contract; it is not whether they clearly erred in interpreting the contract; it is not whether they grossly 8 The Union

Bestwick v. Newmar Corporation

District Court, N.D. Indiana · Dec 17, 2021

App. 1969) (affirmation of fact “was clearly intended that defendant should rely thereon and the defendant did rely thereon”); Hix v. Bos. Sci. Corp., 2019 U.S. Dist. LEXIS 197384, 15 (D. Ariz. … warranty claim, but the Arizona Supreme Court reversed and remanded for a new trial, id. at 385, 391, specifically recognizing “[t]his written warranty made by [the manufacturer] to the ‘owner’ of the mobile home does not qualify

Neurology and Pain Management Associates P.C. v. Bunin

District Court, N.D. Indiana · Jan 22, 2021

In the MOU, the parties are clearly identified: Anthony E. Bunin and Steven Posar. Second, the subject matter of the MOU is clearly set forth: Dr. … Three elements are required to establish this confidential relationship between parties: “First, the claimant must establish that there was ‘an unequal relationship between

CLEVELAND v. United States

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

There was also a suggestion of hematoma within disc space itself and concomitant retroperitoneal blood clearly would be consistent with a spinal cord injury. … Q: Are you qualified to determine independently whether the spleen was injured in the course of the hyperextension versus the assisted fall?

Mouser v. Keystone RV Company

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

Mouser intended to proceed under,1 on summary judgment, he has clearly chosen OCPA. (DE 28 at 24–25.) … The breach of warranty could not qualify as a misrepresentation because OCPA does not exist as a vehicle for double recovery in breach of contract cases.

Grimmway Enterprises Inc v. B & B Organics Inc

District Court, N.D. Indiana · Mar 25, 2020

Boynton had the requisite involvement or control over the PACA trust assets to establish a fiduciary duty and therefore, has not established that he is personally liable for the past-due invoices. … Terry’s declaration clearly demonstrates that others were involved in management of B & B Organics, Ms.

Belcher

District Court, N.D. Indiana · Feb 11, 2026

Although the plaintiff attempted to carve out an exception under the “work-for-hire” definition, the Court found “the Agreement clearly states that all materials created under the Agreement are property of Amylin.” … Accordingly, IC has satisfied the first prong of the test— the work qualifies as the kind that Belcher was employed to perform.

Rouse v. Commissioner of Social Security

District Court, N.D. Indiana · Jan 25, 2022

An impairment that manifests only some of the criteria will not qualify, no matter its severity. Id. … Clearly, not every problem adjusting to change is a result of disability.

Duis v. Franciscan Alliance Inc.

District Court, N.D. Indiana · Jul 29, 2022

There are clearly two accounts of what is going on here, and the jury is going to have to sort out who it believes. See, e.g., Eggleston v. South Bend Cmty. Sch. Corp., 858 F.Supp. 841, 852 (N.D. … An employee need not mention the FMLA by name; in fact, all that is required is that the employee provide the employer with enough information to put the employer on notice that FMLA-qualifying leave is needed.”