Case law

Indiana Department of State Revenue v. Farm Credit Services of Mid-America

734 N.E.2d 551 · Indiana Supreme Court · Sep 1, 2000

While this statute authorizes such mergers, it does not establish what the tax implications are for the resulting ACA. … The Corporation will not be an agency or establishment of the United States Government. Id. (emphasis added). .

Sidle v. Majors

264 Ind. 206 · Indiana Supreme Court · Feb 16, 1976

The premise has considerable validity, and the leaning of this Court is discernible from our holdings in recent cases abolishing the doctrines of interspousal immunity, 8 charitable immunity, 9 and governmental immunity. … The Kentucky Court stated that the guest act clearly contravened the aforementioned constitutional provision allowing damages for deaths caused by negligence.

Lora Hoagland, On Behalf of Herself and All Others Similarly Situated v. Franklin Township Community School Corp.

27 N.E.3d 737 · Indiana Supreme Court · Mar 24, 2015

This Court has neither the ability nor the duty to establish requirements for this system of common schools, aside from determining when an action clearly violates a constitutional mandate. … In Bonner, plaintiffs sought a declaratory judgment to establish that the Education Clause imposes a duty upon the state to establish a standard for quality education in public schools. Id. at 518.

Drake Ex Rel. Drake v. Mitchell Community Schools

649 N.E.2d 1027 · Indiana Supreme Court · May 10, 1995

The trial court granted summary judgment in favor of the School under the governmental immunity provisions of the Indiana Tort Claims Act, Ind.Code § 34-4-16.5-8(11), and in favor of the Bank under the IRUS immunity provi … of more comprehensive import, the general words shall be construed as embracing only such persons, places, and things as are of like kind or class to those designated by the specific words, unless a contrary intention is clearly

State ex rel. Keifer v. Wheatley

160 Ind. 183 · Indiana Supreme Court · Mar 10, 1903

his failure to qualify. … State, ex rel., 154 Ind. 379 , after referring to these several provisions of the law, this court said: “These provisions of our fundamental and statutory law clearly show that a public official is not authorized to enter

State v. International Business MacHines Corp.

964 N.E.2d 206 · Indiana Supreme Court · Mar 21, 2012

On the other hand, an exception might be established since it is reasonable to expect any chief executive to have unique personal first-hand knowledge or experience in the management of a project of such magnitude as this … IBM also argues that even if the 1852 Legislature did intend to immunize a governor against non-subpoena means of compulsion, the subsequent re-adoption of this statute after the promulgation of the Indiana Trial Rules evinces

State ex rel. School City v. Swanson

182 Ind. 582 · Indiana Supreme Court · Dec 29, 1914

It does not 'protect or secure the privileges or immunities of citizens against the power of the state in which they reside, but merely guaranties privileges and immunities to citizens of other states. 2. … This is a mere administrative detail so clearly within the legislative discretion to classify that it can not well be questioned.

Baxter v. State

727 N.E.2d 429 · Indiana Supreme Court · Apr 24, 2000

The rule regarding jury separation during deliberations is well established and strict. … The trial court’s finding that no harm resulted to Baxter was not clearly erroneous. VI.

Strange v. Board of Commissioners

173 Ind. 640 · Indiana Supreme Court · Mar 16, 1910

This section is akin to the provision of §1 of the 14th amendment, as respects privileges and immunities, but the former is held not to make the privileges and immunities (the rights) enjojred by citizens of the several states … The rule of ejusdem generis does not apply when the prior or specific words exhaust the class, for 'there is nothing of the remaining terms to qualify; and following the rule that all parts of a statute shall, if possible

State v. Carey

241 Ind. 692 · Indiana Supreme Court · Jun 7, 1961

that an. employer-employee relationship existed between *695 the city and its firemen and policemen, with respect to the application of the workmen’s compensation law, notwithstanding the fact that pension systems had been established … The “legislative intention,” which appellee asserts, is not expressed in nor can it be inferred from the statute; nor are we aware of any general public policy that a municipal officer should be immune from criminal prosecution

Municipal City of South Bend v. Kimsey

781 N.E.2d 683 · Indiana Supreme Court · Jan 15, 2003

Only Tippecanoe County qualified under the legislation, but the statute did not identify Tippecanoe County by name. … This may be done by presenting evidence establishing the lack of distinct characteristics, or, as in Williams, the relevant facts may be subject to judicial notice.

Hirth-Krause Co. v. Cohen

177 Ind. 1 · Indiana Supreme Court · Jan 12, 1912

The owner of merchandise who is also a debtor may at once qualify himself to make a sale by discharging his indebtedness, but, if he does not, this act postpones the sale until notice is given to the creditors. … This, we think, is clearly not the ease.

Abner v. State

479 N.E.2d 1254 · Indiana Supreme Court · Jun 25, 1985

The State counters, "Such self-serving jailhouse banter, resting on hearsay, is clearly suspect. It is especially significant that it is uncorroborated by a statement from the declar-ant. … -It was clearly within the trial court's discretion to discount the 'evidence' and reject the claim."

Fox v. State

497 N.E.2d 221 · Indiana Supreme Court · Sep 5, 1986

The purpose of an instruction is to inform the jury of the law applicable to the facts without misleading the jury and to enable it to comprehend the case clearly and arrive at a just, fair, and correct verdict. … As hearsay, it was inadmissible for the purpose of establishing that threats were made against his family.

Veolia Water Indianapolis, LLC v. National Trust Insurance Co.

24 N.E.3d 1 · Indiana Supreme Court · Feb 6, 2014

The party seeking immunity bears the burden of establishing that its conduct comes within the Act. Id. at 800 . … To the Insurers, however, “[t]his case is clearly distinguishable from Lamb .

Dugan v. Mittal Steel USA Inc.

929 N.E.2d 184 · Indiana Supreme Court · Jun 17, 2010

As statements imputing criminal conduct or occupational misconduct, these alleged statements clearly qualify for consideration as defamation per se. … The designated evi- dence here clearly establishes that Komorowski's statements were based on an accumulation of several years of careful personal observations and gathering of information from others with first-hand knowledge

Sanquenetti v. State

727 N.E.2d 437 · Indiana Supreme Court · Apr 14, 2000

Contrary to the defendant's assertion that the statute establishes a "legislative distinction between accessories and principals," Brief of Defendant-Appellant at 11, the accomplice liability statute neither establishes separate … We conclude, however, that the mitigation is clearly outweighed by the fact of two extremely violent murders, each separately committed.

In Re Wthr-Tv

693 N.E.2d 1 · Indiana Supreme Court · Feb 23, 1998

But this must be done on a case by case basis; the possibility of abuse does not justify immunity from discovery that the stations seek. … we easily conclude that Cline's discovery demand does not rise to the level required to establish a Section 9 violation.

Fountain Park Co. v. Hensler

199 Ind. 95 · Indiana Supreme Court · Feb 25, 1927

The complaint sets out facts that bring appellant within each of the qualifying provisions of the law, describes the tract of wood or timber land which it holds under a lease and seeks to condemn, alleges that it cannot agree … either special legislation or special laws granting privileges and immunities..

State ex rel. White v. Scott

171 Ind. 349 · Indiana Supreme Court · Dec 9, 1908

qualified. … They fall far short of establishing a residence in the Southwest, within the. rules of the law.