Case law

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.

FULKS v. KRUEGER

District Court, S.D. Indiana · Sep 20, 2019

Davenport—who sought to challenge whether his 1981 burglary conviction qualified as a predicate crime under the Armed Career Criminal Act—could have raised that challenge during both his direct appeal and when he filed … Fulks’ claims clearly fall within the ambit of § 2255(a). It is undisputed that Atkins claims generally are available in § 2255 proceedings. Mr.

Eastgate Investments II, LLC v. MW Builders, Inc.

District Court, N.D. Indiana · Mar 29, 2023

“Indiana law clearly favors contractual choice-of-law … provisions and presume[s] that contracts represent the freely bargained agreement of the parties.” St. Paul Travelers Cos., Inc. v. … But the court found no ambiguity from this broad definition, explaining that “the sentence containing that language begins with qualifying language indicating that it is ‘[t]he aggrieved employee’ who must contact his/

Latitude Service Company v. Reese

District Court, N.D. Indiana · Sep 27, 2022

Co., 606 F.3d 379, 380 (7th Cir. 2010) (“The well-established general rule is that jurisdiction is determined at the time of removal, and nothing filed after removal affects jurisdiction.”). … Reese is still a shareholder, as he claims he is, the statute clearly bars him from enjoining the proceedings. See Ind. Code § 23-1-44-8; Orlando, 2013 WL 5797624 at 4 n.2; Shepard, 137 F.

Lane v. Commissioner of Social Security

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

Prior to the established disability onset date, the claimant was an individual closely approaching advanced age. … Clearly, to remand this case for further proceedings at the administrative level would be futile. This Court thus finds that a remand for benefits is appropriate.

BOWERS v. ANTHEM, INC.

District Court, S.D. Indiana · Jul 20, 2020

At best, the record Bowers relies on establishes that, because there is a lag between a sale and an "effective date" (i.e., the date insurance coverage began), some of the sales he was working on during the improvement … The November 28, 2016 CAP clearly satisfies this requirement. It explains several times that Bowers' performance is not satisfactory.

Shearer v. Thor Motor Coach, Inc.

District Court, N.D. Indiana · Jul 1, 2020

It thus clearly does not demand application of Indiana law over the entire dispute. … They say over and over again that Thor engaged in deceptive practices, but they fail to lay out any sort of specific actions that qualify as unfair or deceptive under the FDUPTA.

Doe v. Purdue University

District Court, N.D. Indiana · Jul 2, 2021

May 25, 2010) (“As a non-lawyer and as an interested party, Jurgens is not qualified to judge whether documents are relevant to the suit.”). … Perhaps most importantly, it was also clearly after the June 2020 agreement of the parties to produce the Snapchat data, and this Court’s order endorsing that agreement.

Melchi v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 26, 2022

Further, as Judge Cherry also explained, “[t]here are … two separate sources of law at play regarding what qualifies as adequate VE testimony.” Id. at *12. … The ALJ also should ask the VE to clearly identify any conflicts with the DOT, and the ALJ should clearly identify the conflicts in her decision and then explain how she resolved those conflicts in accordance with SSR

In re Method of Processing Ethanol Byproducts & Related Subsystems ('858) Patent Litig.

303 F. Supp. 3d 791 · District Court, S.D. Indiana · Oct 23, 2014

The Court also concludes that the patentees never clearly disavowed filtration or addition of chemicals during prosecution. … Persons with a science degree and a work history in oil separation techniques may also qualify as a POSA. Id.

HALCZENKO v. ASCENSION HEALTH, INC.

District Court, S.D. Indiana · Sep 25, 2024

Fowler alleges that Ascension "intentionally established a coercive process calculated to force healthcare workers and staff to abandon their religious objections to the COVID-19 vaccination." … "Rule 23 requires that a class be defined, and experience has led courts to require that classes be defined clearly and based on objective criteria." Mullins v.

Alcon Research, Ltd. v. Apotex Inc.

790 F. Supp. 2d 868 · District Court, S.D. Indiana · May 23, 2011

If a patent challenger alleges invalidity based on the prior art the PTO considered during prosecution of the patent, that challenger has the added burden of overcoming the deference that is due to a qualified government … “It may often establish that an invention appearing to have been obvious in light of the prior art was not.

BOYD v. NICHOLS

District Court, S.D. Indiana · Jun 21, 2022

However, it is also well established that pro se litigants are not excused from compliance with procedural rules. … Boyd is qualified to offer such an opinion, see Fed. R. Evid. 602 (concerning the need for personal knowledge), 702 (concerning qualifications for expert witnesses). Mr.

Shah v. Rodino

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

In Wehrle, the Seventh Circuit held the trial court abused its discretion by failing to qualify an individual who testified regarding the forensic-examination process as an expert.6 Id. … of legal malpractice; 4) cannot establish it is entitled to the disgorgement of attorney fees; and 5) cannot establish a claim under the CFAA.

QUALLS-HOLSTON v. INDIANA UNIVERSITY

District Court, S.D. Indiana · Sep 3, 2021

"The Seventh Circuit has clearly held that a party who fails to respond to points made . . . concedes those points." Myers v. Thoman, 2010 WL 3944654, at *4, 2010 U.S. Dist. LEXIS 107502, at *11 (S.D. Ind. … Sheriff's Dep't, 602 F.3d 845, 850 (7th Cir. 2010) ("stray remarks are generally insufficient to establish discriminatory motivation"); Mach v. Will Cty.

SILVERTHORN v. KIJAKAZI

District Court, S.D. Indiana · Jul 12, 2022

Generally, a verbatim section exists establishing the same legal point with both types of benefits. See, e.g., 20 C.F.R. § 416.920(a)(4)(i)-(v). … On appeal, Aaron contends that because his testimony was qualified based on whether he took his medication, the ALJ should have considered the limitations that would be reasonably appropriate if Aaron was not taking his

Rubino III v. Commissioner of Social Security

District Court, N.D. Indiana · Jan 25, 2021

determination of disability because using the Medical-Vocational rules as a framework supports a finding that the claimant is “not disabled,” whether or not the claimant has transferable job skills 2 Clearly … Plaintiff argues that even though his asthma, alone, did not reach level contemplated of the Commissioner’s listing to qualify Plaintiff as presumptively disabled, that does not mean Plaintiff’s asthma symptoms did not limit

Reed v. Commissioner of Social Security

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

Clearly, this must be working otherwise why would Dr. Cha continue to prescribe such treatment modalities.”)]. Mr. Reed argues that this alleged inconsistency is erroneous. ECF 10 at 20. The court agrees with Mr. … Second, once the existence of a medically determinable impairment that could reasonably be expected to produce the claimant’s symptoms is established, the ALJ evaluates the intensity and persistence of the claimant’s symptoms

Adams v. Atlantic Richfield Company

District Court, N.D. Indiana · Sep 29, 2023

Noting that state law was not crystal clear on whether manufacturing processes that lead to toxic contamination qualify as abnormally dangerous activities, Judge Kolar was not “certain” that these plaintiffs’ strict liability … Because Ramirez, C.R., and Espinosa fail to allege facts clearly linking their general categories of alleged injuries to exposure to contaminants other than lead, any injuries allegedly caused by the introduction of those

DOAKS-PERKINS v. KIJAKAZI

District Court, S.D. Indiana · Feb 24, 2022

Additionally, the ALJ clearly ignored the volumes of evidence that undercut her decision to discredit Dr. Ridderman's opinion. … [performing daily activities] was inconsistent with [the claimant's] description of her pain and limited mobility"); see also Scrogham, 765 F.3d at 700 ("The 'sporadic performance of [household tasks or work] does not establish