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Citation: 303 F. Supp. 62 | Docket No.: Civ. No. 69 H 28
Status: Published | Citing: 48
Summary: 303 F. Supp. Richard F. James, Hammond, Ind., Alfred R. Uzis, Lowell, Ind., for defendants. While both parties have offered a learned dissertation on the history of the doctrine, its modern application must be considered in the light of the decision of the Supreme Court in Dombrowski v. Pfister, 380 U.S. 479, 85 S. Ct. 1116, 14 L. Ed. 2d 22, 30-31 (1965): We hold that the abstention doctrine is inappropriate for cases such as the present one where, unlike Douglas v. City of Jeannette [319 U.S. 1......read more.


Citation: 213 F. Supp. 2d 939 | Docket No.: 1:99-cv-428
Status: Published | Citing: 12
Summary: 213 F. Supp. In fact, the uncontroverted evidence showed that he relied upon the advice of Larry Kuhn, the Kruse organization's accountant who expressed the belief that Kruse was not required to file the Form 8300s due to the nature of its business. With regard to the motion for judgment notwithstanding the verdict, the government asserts that plaintiff intentionally disregarded the filing requirements for the Form 8300 and hence the jury's verdict was erroneous. Mathur v. Board of Trustees of S......read more.


Citation: 444 F. Supp. 2d 946 | Docket No.: 2:05 CV 462 PS
Status: Published | Citing: 16
Summary: 444 F. Supp. Before Bull received the credit cards, he agreed that he would be on the book for any reasonable attorneys' fees expended by the card issuers in the event Bull failed to pay. Greene & Cooper did so by filing a collection complaint against Bull in state court, alleging that Bull owed not only the $13,000 in unpaid credit card debt but also $3,900 in "reasonable" attorneys' fees. According to Bull, the collection complaint violated the Fair Debt Collection Practices Act (FDCPA) becaus......read more.


Citation: 803 F. Supp. 1439 | Docket No.: Civ. No. S 92-321 (S)
Status: Published | Citing: 17
Summary: 803 F. Supp. The return filed by the respondents on August 17, 1992, demonstrates the necessary compliance with Lewis v. Faulkner, 689 F.2d 100 (7th Cir.1982). This court is obligated to examine and consider the proceedings before the Conduct Adjustment Board in light of the decision in Miller v. Duckworth, 963 F.2d 1002 (7th Cir.1992) and the very recent decision in Hamilton v. O'Leary, 976 F.2d 341 (7th Cir.1992). 2d 935 (1974), the Court, as outlined by Justice White, explained the requiremen......read more.


Citation: 630 F. Supp. 235 | Docket No.: S86-126, S86-127
Status: Published | Citing: 13
Summary: 630 F. Supp. United States v. Alewelt, 532 F.2d 1165 (7th Cir.1976) (subpoena proper in seeking production of "pair of green tinted sunglasses having thin metal frames and contained in a brown glass case"); United States v. Gurule, 437 F.2d 239 (10th Cir. 2d 679 (1971) (subpoena proper in seeking records of electric company's dealings with specific railway for the period from January 1, 1965, through December 31, 1967); In Re 1980 U.S. Grand Jury Subpoena, 502 F. Supp. Matter of Special February......read more.


Citation: 34 F. Supp. 2d 707 | Docket No.: 2:98-cv-522
Status: Published | Citing: 44
Summary: 34 F. Supp. Over Crenshaw's objection, Judge Dywan entered judgment against Crenshaw pursuant to Indiana Code section 34-1-32-1(b), stating that Crenshaw persisted with claims after they became clearly groundless and unreasonable. Co., 824 F. Supp. Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Stop Treaty Abuse-Wisconsin, Inc., 991 F.2d 1249, 1255-56 (7th Cir. Geneva Assurance Syndicate, Inc. v. Medical Emergency Services Assoc., S.C., No. 92C1652, 1993 WL 384566, *4 (N.D.Ill.1993) (......read more.


Citation: 616 F. Supp. 2d 863 | Docket No.: 1:08 CV 271
Status: Published | Citing: 72
Summary: 616 F. Supp. 2d 863 (2009) H.S. on her own behalf and as parent and next friend of her minor child, J.S., Plaintiff, v. HUNTINGTON COUNTY COMMUNITY SCHOOL CORPORATION, Defendant. Plaintiff H.S., on her own behalf and as a parent of her child, J.S., has filed a complaint (DE # 9) and a motion for a preliminary injunction (DE # 13) against defendant Huntington County Community School Corporation. A. Relevant Facts Plaintiff is a parent of J.S., a third grade student at Horace Mann Elementary schoo......read more.


Citation: 75 F. Supp. 2d 927 | Docket No.: 1:98-cv-360
Status: Published | Citing: 38
Summary: 75 F. Supp. In arguing that Heck and Edwards bar the present claim, defendants in their brief point to two cases, Garcia v. Payne, 1998 WL 50207 (S.D.N.Y.1998) and Roucchio v. Coughlin, 29 F. Supp. [7] On numerous occasions, see, e.g., Lusz v. Scott, 126 F.3d 1018 (7th Cir.1997); Stone-Bey v. Barnes, 120 F.3d 718 (7th Cir.1997); Dixon v. Chrans, 101 F.3d 1228 (7th Cir.1996); Evans v. McBride, 94 F.3d 1062 (7th Cir.1996), cert. at 27 (citing, Hoard v. Reddy, 175 F.3d 531, 532-33 (7th Cir.1999); C......read more.


Citation: 368 F. Supp. 470 | Docket No.: 72 H Cr 134
Status: Published | Citing: 28
Summary: 368 F. Supp. United States v. Vasquez, 476 F.2d 730 (5th Cir. See also, United States v. Mendoza, 473 F.2d 692 (5th Cir. 1972), and United States v. Wilson, 451 F.2d 209 (5th Cir. For parallel statements of this purpose see United States v. Gardner, 448 F.2d 617 (1971); United States v. Shafer, 445 F.2d 579 (7th Cir. In this regard United States of America v. Davis, 346 F. Supp. United States v. Davis, 346 F. Supp.


Citation: 580 F. Supp. 315 | Docket No.: Civ. No. L 83-54
Status: Published | Citing: 29
Summary: 580 F. Supp. 42 U.S.C. § 423(d)(1)(A), (2)(A); McNeil v. Califano, 614 F.2d 142 (7th Cir.1980); Lieberman v. Califano, 592 F.2d 986 (7th Cir.1979). In Cassiday v. Schweiker, 663 F.2d 745 (7th Cir.1981), a case where the Secretary had terminated a claimant's disability benefits, the court held: Given that the evidence continued to show the existence of the same condition, and given that there was no question of improvement but only disagreement about how totally disabling the condition had ever b......read more.


Citation: 669 F. Supp. 915 | Docket No.: Civ. Nos. H 86-711, H 86-0712, H 86-0716, H 86-0719 and H 86-0776
Status: Published | Citing: 51
Summary: 669 F. Supp. Because these four lawsuits all sought relief for alleged violations of Sections 1981 and 1982 of the Civil Rights Act of 1866, the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. §§ 1691-1691f, and the Fair Housing Act ("FHA"), 42 U.S.C. §§ 3604, 3605, the court, finding that they contained common questions of law and fact, consolidated the four cases for all purposes pursuant to Fed.R.Civ.P. 2d 80 (1957); Ed Miniat, Inc., v. Globe Life Insurance Group, Inc., 805 F.2d 732, 735 (7t......read more.


Citation: 477 F. Supp. 610 | Docket No.: Civ. No. H 78-321
Status: Published | Citing: 27
Summary: 477 F. Supp. Lindy v. Linn, 395 F. Supp. , 515 F.2d 507 (3rd Cir. Johnson v. Railway Express Agency, 421 U.S. at 462, 95 S. Ct. 1716; Beard v. Robinson, 563 F.2d 331, 334 (7th Cir. 2d 1149 (1978); Regan v. Sullivan, 557 F.2d 300, 303 (2nd Cir. De Malherbe v. Int'l Union of Elevator Constructors, 449 F. Supp. In Beard v. Robinson, supra, that Court overruled the approach taken in Jones v. Jones, 410 F.2d 365 (7th Cir. Howes v. Childers, 426 F. Supp.


Citation: 141 F. Supp. 2d 957 | Docket No.: 2:94-CV-331-RL-1
Status: Published | Citing: 7
Summary: 141 F. Supp. This matter is before the Court on Defendants, Rexene Polymers and White Consolidated Industries', joint oral motion of April 6, 2001, to exclude the expert testimony of Sandra Rennie pertaining to allocation. Because these data categorizations, compilations, and conclusions relied on by Rennie were substantial and necessary assumptions in forming her own opinions as to the Site, the Court finds that, in the absence of any evidence of the reliability of Shkuda and Martini's aforemen......read more.


Citation: 554 F. Supp. 1072 | Docket No.: S 81-321
Status: Published | Citing: 29
Summary: 554 F. Supp. McClelland v. Facteau, 610 F.2d 693, 696 (10th Cir.1979); Owens v. Haas, 601 F.2d 1242, 1246 (2nd Cir.1979); White v. Rochford, 592 F.2d 381, 385 (7th Cir.1979); McDonald v. Illinois, 557 F.2d 596, 601 (7th Cir.)2d 110 (1975); Williams v. Vinsent, 508 F.2d 541, 546, N.11 (2nd Cir.1974); Page v. Sharp, 487 F.2d 567, 569, (1st Cir.1973); Brown v. United States, 486 F.2d 284, 287 (8th Cir.1973); Williams v. Field, 416 F.2d 483, 485 (9th Cir.1969), cert. Hall v. City of Duncanville, 678......read more.


Citation: 119 F. Supp. 753 | Docket No.: Civ. Nos. 718, 724
Status: Published | Citing: 5
Summary: 119 F. Supp. And see Hellrung v. Lafayette Loan & Trust Co., D.C.N.D.Ind.1951, 102 F. Supp.


Citation: 595 F. Supp. 2d 923 | Docket No.: 4:08-cv-21
Status: Published | Citing: 23
Summary: 595 F. Supp. 2d 923 (2009) Adrian MARTINEZ, et al., Plaintiffs, v. Carlos MENDOZA and Perla Mendoza, Defendants. This matter is before the Court on a Motion to Prove Default Damages filed on August 15, 2008 by plaintiffs, Crystal Rivas, Sindy Salazar, Adrian Martinez, and Siria Rivas ("plaintiffs"). Plaintiffs now move this Court to enter an award of damages against the Mendozas for violations of the Migrant and Seasonal Agricultural Worker Protection Act ("the AWPA" or "the Act"). *928 Having c......read more.


Citation: 390 B.R. 881 | Docket No.: 05-67516, 2:07-CV-285 PS
Status: Published | Citing: 57
Summary: (2008) IN RE: BARRY G. RADCLIFFE, Chapter 7, Debtor. BARRY G. RADCLIFFE, Appellee, v. INTERNATIONAL PAINTERS AND ALLIED TRADES INDUSTRY PENSION FUND, Appellant. Appellee Barry G. Radcliffe owned and operated Glass Service, Inc. The Appellant, International Painters and Allied Trades Industry Pension Fund, sued Radcliffe for breach of contract and ultimately received a default judgment against him. International agreed to pay Radcliffe's benefits, but informed him that it would first withhold pay......read more.


Citation: 562 F. Supp. 295 | Docket No.: L82-4
Status: Published | Citing: 23
Summary: 562 F. Supp. Based on the foregoing factual allegations, the plaintiff claims a deprivation of *298 her rights secured by 42 U.S.C. § 1985(2) in that she was injured for lawfully attempting to enforce the rights of Indiana nursing home residents to equal protection of the laws and her rights secured by 42 U.S.C. § 1985(2) and (3) in that the actions of defendants infringed on her rights protected by the First and Fourteenth Amendments, rights inherent in national citizenship and rights protected......read more.


Citation: 659 F. Supp. 123 | Docket No.: Civ. No. F 86-328
Status: Published | Citing: 17
Summary: 659 F. Supp. 123 (1987) CASAD RAILWAY SERVICES, INC., Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant. First, while Union Pacific concedes that *125 there is diversity of citizenship which would appear to give this court subject matter jurisdiction under 28 U.S.C. § 1332, it argues that the court does not have personal jurisdiction, so that the complaint should be dismissed under Fed.R.Civ.P. Lastly, assuming the court has jurisdiction, Union Pacific argues that the complaint fails to st......read more.


Citation: 841 F. Supp. 1457 | Docket No.: S91-14M
Status: Published | Citing: 48
Summary: 841 F. Supp. 56(c); Cusson-Cobb v. O'Lessker, 953 F.2d 1079, 1080 (7th Cir.1992). 2d 265 (1986); Sims v. Mulcahy, 902 F.2d 524, 540 (7th Cir.)Fitzpatrick v. Catholic Bishop of Chicago, 916 F.2d 1254, 1256 (7th Cir.1990); Tatalovich v. City of Superior, 904 F.2d 1135, 1142 (7th Cir.1990). Co., 915 F.2d 316, 320 (7th Cir.1990); Hines v. British Steel Corp., 907 F.2d 726, 728 (7th Cir. 2d 202 (1986); Brownell v. Figel, 950 F.2d 1285, 1289 (7th Cir.1991); Visser v. Packer Engineering Associates, Inc......read more.