Case law

TURNBEAUGH v. BOARD OF CERTIFIED SAFETY PROFESSIONALS

District Court, S.D. Indiana · Feb 21, 2023

Turnbeaugh learned of her firing from a press release and was never able to address the board of directors. 3 The complaint suggests somewhat cryptically but doesn’t clearly … Whether they told enough people to qualify as publicity is plausible from these allegations and better determined at a later stage of litigation. Dr. Turnbeaugh’s allegations against Mr.

NIGRO v. INDIANA UNIVERSITY HEALTH CARE ASSOCIATES, INC.

District Court, S.D. Indiana · Sep 1, 2021

In response, Nigro argues that she has established a prima facie case (Filing No. 52 at 23). … "Comparators must have engaged in similar—not identical— conduct to qualify as similarly situated." Coleman v. Donahoe, 667 F.3d 835, 850 (7th Cir. 2012) (quotation omitted).

D.D.M. v. School City of Hammond

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

Thus, the Plaintiff found qualified, nearby counsel that offered to provide free legal services; the Defendant has not rebutted the presumption in favor of travel time by establishing that other, qualified counsel, even … But none of these entries are vague; all clearly relate to the case at issue, and the Court approves all of them.

Van Dusen v. Commissioner of Social Security

District Court, N.D. Indiana · Aug 11, 2021

The Social Security regulations contain a five-step test to ascertain whether the claimant has established a disability. 20 C.F.R. §§ 404.1520, 416.920. … Further, “every effort must be made to secure evidence that resolves the issue as clearly as circumstances permit.” Kuykendall v. Astrue, No. 1:08-CV-0162-LJM-DML, 2009 WL 3872040, at *4 (S.D. Ind. Nov. 18, 2009).

REYES v. MCDONOUGH

District Court, S.D. Indiana · May 17, 2024

Dep't, 755 F.3d 594, 601 (7th Cir. 2014) ("[O]ne utterance of the n-word has not generally been held to be severe enough to rise to the level of establishing liability. . . . … Reyes was singled out for these assignments or deliberately sent into situations where one unarmed officer was clearly disproportionate to the level of danger presented. Similarly, Sgt.

Fleenor v. Farley

47 F. Supp. 2d 1021 · District Court, S.D. Indiana · Feb 2, 1998

In context, the dichotomy in the voir dire between “accept” and “ignore” clearly meant “follow” or “not follow.” … In light of Fleenor’s effort to establish a mental status defense at the guilt-innocence phase, Dr.

SMALL BUSINESS LENDING, LLC v. PACK

District Court, S.D. Indiana · Jul 30, 2019

Pack had met his burden of establishing what SBL stands to recover. To the contrary, Mr. … Pack is alleged to have used qualifies as a trade secret.

Doman v. Heartland Recreational Vehicles, LLC

District Court, N.D. Indiana · Oct 12, 2023

This can occur when the complaint includes “facts that establish an impenetrable defense to its claims.” Epstein v. Epstein, 843 F.3d 1147, 1150 (7th Cir. 2016). … Therefore, the fire qualifies as an unexpected circumstance in which the limited remedy may fail of its essential purpose.

CIRCLE BLOCK PARTNERS, LLC v. FIREMAN'S FUND INSURANCE COMPANY

District Court, S.D. Indiana · Jul 27, 2021

Mar. 12, 2021) ("If loss of use alone qualified as direct physical loss to property, then the term 'physical' would have no meaning."); Steven Plitt et al., 10A Couch on Insurance § 148:46 (3d ed. 2021) ("The requirement … But division of authority "is only evidence of ambiguity" and "does not establish conclusively that a particular clause is ambiguous." Allgood v. Meridian Sec. Ins.

Varga v. Commissioner of Social Security

District Court, N.D. Indiana · Dec 6, 2021

DISABILITY STANDARD To be eligible for disability benefits, a claimant must establish that she suffers from a “disability,” which is defined as an inability to engage in any substantial gainful … The Commissioner argues that the records clearly show only mild degenerative changes, and that Plaintiff has not shown why they need expert interpretation.

Heidemarie Garcia v. Cover-Rite, Inc., J.C. Builders, Inc. and Salvino Verta

Indiana Court of Appeals · Sep 23, 2014

Appellate Rule 65(D), this Memorandum Decision shall not be Sep 23 2014, 10:17 am regarded as precedent or cited before any court except for the purpose of establishing … Builders only for $4,600.00 plus court costs. 14 Garcia’s deception claim is the only one of her claims that would qualify for a request for treble damages and attorney fees under INDIANA CODE § 34-24-3-1.

Atlantic Casualty Insurance Company v. Right Way Auto Sales LLC

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

Not just any lawsuit that relates to potential liability issues arising out of a particular incident qualifies. … Nevertheless, under the doctrine of abstention, in “the exceptional circumstances where the order to the parties to repair to the state court would clearly serve an important countervailing interest,” a district court

Walter v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 16, 2023

Disability Standard To qualify for DIB and SSI, a claimant must be “disabled” as defined under the Act. … Likewise, while no threshold for significance has been established, the 82,5000 jobs identified for Mr.

Resnick v. United States

District Court, N.D. Indiana · Dec 19, 2019

First, although counsel could have made the argument more clearly, counsel did argue that this evidence was admissible to show that the boys only accused Resnick because they were caught in a sexual act and K.M.’s mother … unpersuasive” the argument that counsel should have objected based on evolving law in other jurisdictions where the law in this Circuit was unsettled; “failure to anticipate a change or advancement in the law does not qualify

GREENBANK v. GREAT AMERICAN ASSURANCE COMPANY

District Court, S.D. Indiana · Dec 4, 2019

This broad assertion is clearly false. (Docket No. 57 at ECF p. 3) (citing records and indicating “In response [to Ms. … If the work-product privilege is established, it can be overcome if the party seeking the materials, here Ms.

INSTITUTE FOR THE INTERNATIONAL EDUCATION OF STUDENTS v. CHEN

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

And the remaining factors also weigh against striking the declaration: there is no prejudice to cure; trial is unlikely to be disrupted; and there is nothing to suggest bad faith or willfulness, as Plaintiff clearly … Defendants con- tend that Mercier is not qualified to offer expert testimony on the topic and that Plaintiff did not disclose Mercier as an expert witness.

AMES v. HUTCHINSON

District Court, S.D. Indiana · Mar 29, 2021

Addi- tionally, the plaintiff must respond meaningfully to the motion to dismiss, clearly establishing the legal basis for its claim, in order to stave off dismissal. See Kirksey v. R.J. … But, as noted, Ames cannot even point to any material action that qualifies as an adverse action in this case.

Mead Johnson & Co. v. Abbott Laboratories

41 F. Supp. 2d 879 · District Court, S.D. Indiana · Apr 13, 1999

If the moving party cannot establish either of these prerequisites, a court’s inquiry is over and the injunction must be denied. … Federal courts have not established a numerical benchmark for determining when a claim is misleading for purposes of the Lan-ham Act.

Ray v. Raj Bedi Revocable Trust

District Court, N.D. Indiana · Mar 11, 2020

Ray and the C.F.B. entities have not established a prerequisite to this type of Burford abstention. Cf. … United States, 424 U.S. 800 (1976) (establishing normal rule); Freed v. J.P.

MAPLETON AT COUNTRYSIDE CONDOMINIUM ASSOCIATION, INC. v. TRAVELERS INDEMNITY COMPANY

District Court, S.D. Indiana · Aug 3, 2020

The Court must determine whether the evidence in the record shows clearly that Mapleton did not comply with the notice requirement of the policies—only if it determines that the undisputed evidence shows Mapleton failed … Whether that notice qualifies as reasonable under the policies is a question of law. The Court finds that notice was neither reasonable nor prompt.