151 results for 'court:"USDC Northern District of Indiana"'.
J. Simon rules in part for defendants in civil rights claims because state law does not allow Lake County to elect its own superior court judges; however, the appointment process from the governor does not violate federal voting law. Meanwhile, the court lacks jurisdiction to make a decision on the merits of the remaining claims, which contend the judicial appointment process violates Indiana law.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: January 4, 2024, Case #: 2:21cv160, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Government, Jurisdiction
J. Brady finds for plaintiff, a death doula, in civil rights claims brought after the state sought to terminate her business, which helps individuals plan their own end-of-life ceremonies and burials, on grounds that she is not a licensed funeral director. Settlement terms that preclude plaintiff from performing many services should be put on hold as the case proceeds because the terms likely violate the free speech rights of the business, which cannot operate with the restrictions in place.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: December 19, 2023, Case #: 1:23cv370, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Constitution
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J. Simon denies an ex-husband’s motion to dismiss, for lack of subject-matter jurisdiction, a legal dispute stemming from a “messy divorce.” The fact that this case stems from a divorce proceeding is not alone enough to trigger the “domestic relations exception,” nor is this case barred by the principle of res judicata.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: November 21, 2023, Case #: 2:22cv145, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort, Jurisdiction
J. Martin finds for a high school accused of failing to take appropriate action after a coach struck a student in the face during wrestling practice. The principal, who barred the coach from working at the high school but not from coaching at wrestling camp, lacked authority to institute a policy, and slapping the student had not violated the student's constitutional rights.
Court: USDC Northern District of Indiana, Judge: Martin , Filed On: October 13, 2023, Case #: 2:21cv219, NOS: Education - Civil Rights, Categories: Education, Negligence, Emotional Distress
J. Deguilio allows plaintiff to continue claims contending a company refused to replace a defective recreational vehicle that burst into flames, destroying the vehicle and the property inside it, because the unusual event of an RV bursting into flames would not constitute an inherent risk, and repairing the vehicle would be impossible.
Court: USDC Northern District of Indiana, Judge: Deguilio , Filed On: October 12, 2023, Case #: 3:23vc218, NOS: Other Contract - Contract, Categories: Negligence, Product Liability, Warranty