Case law

Melvin Hall v. Bradley Shaw, Giovanni Narducci, and Central Indiana Protection Agency, Inc.

Indiana Court of Appeals · May 21, 2020

Because Hall does not dispute that the evaluation of a consumer complaint with the Attorney General’s office qualifies as a quasi-judicial proceeding, we consequently agree with Defendants that Hall … The lack of a quoted statement does not prevent us from Court of Appeals of Indiana | Opinion 19A-CT-2533 | May 21, 2020 Page 20 of 25  determining that the statements, as alleged, clearly impute

Citizens Action Coalition of Indiana, Inc. v. Duke Energy Indiana, Inc.

16 N.E.3d 449 · Indiana Court of Appeals · Sep 8, 2014

As to the financial impact, Intervenors cite to Douglas’s testimony establishing the financing costs during the IGCC-9 period. … As applicable, the Commission shall allow an eligible business to ■recover: (1) the costs associated with qualified utility system property: and (2) qualified utility system expenses. I.C. § 8-1-8.8-12(d).

Leesa A Gatton v. Robert D Gatton

Indiana Court of Appeals · Dec 18, 2024

Husband’s appraisal of his Carpenter Union’s Pension established that its vested value on the date of filing was $421,265.00 and that the value earned after the parties married on March 14, 2010 was … “We set aside a trial court’s judgment only if it is clearly erroneous.” Quinn, 62 N.E.3d at 1220.

Angel M Mohr v. Star A Johnston

Indiana Court of Appeals · Jul 9, 2025

Indiana | Opinion 25A-TR-59 | July 9, 2025 Page 5 of 19  about her alleged misrepresentations, argued that she had not violated her duties as personal representative, and contended that Mohr was not qualified … “If the language of the will is unambiguous and clearly expresses the testator’s intent, the language must govern.” Id.

Walker Whatley v. State of Indiana

Indiana Court of Appeals · Jun 21, 2012

Whatley appealed and the Court of Appeals reversed his conviction on the grounds that RCC did not qualify as a “youth program center.” … The report did indicate it was printed in 2008, but the report is clearly referring to an incident in which a controlled buy took place in 2003.

A.C. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 16, 2018

10 am regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of establishing … We reverse only for an abuse of discretion, that is, a Court of Appeals of Indiana | Memorandum Decision 18A-JV-738 | November 16, 2018 Page 9 of 11  decision that is clearly against the logic and effect

Honda Motor Co., Ltd. v. Parks

485 N.E.2d 644 · Indiana Court of Appeals · Nov 26, 1985

We said that courts refuse to recognize corporations as separate entities where the facts establish several corporations are acting as the same entity. 426 N.E.2d 84 . … -It is clear under Indiana law, TR. 15(C) may not be utilized to substitute a qualified plaintiff in a wrongful death case for an unqualified one after the expiration of two years.

Hamilton v. Prewett

860 N.E.2d 1234 · Indiana Court of Appeals · Feb 6, 2007

We resolved this inconsistency in favor of Rule 56 because our Supreme Court has the inherent power to establish rules governing the course of litigation in our trial courts, and “[i]t is well-settled that, in the event of … And like the comedic depiction in Hustler , Prewett’s Website is clearly meant to be parody, and no reasonable person could interpret its assertions to be true.

Sanchez v. State

732 N.E.2d 165 · Indiana Court of Appeals · Jun 5, 2000

[I]f intoxication, whether it be voluntary or involuntary, renders that individual so completely non compos men-tis that he has no ability to form intent, then under our constitution and under the firmly established principles … The Court concluded that because the intoxication defense had not gained “sufficiently uniform and permanent allegiance, to qualify as fundamental” the right to present evidence of intoxication was not protected under the

Jerrick L. Whitley v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 31, 2020

this Memorandum Decision shall not be FILED regarded as precedent or cited before any Aug 31 2020, 10:59 am court except for the purpose of establishing … Anthony later admitted to shooting Whitley after entering a Use Immunity Agreement with the Marion County Prosecutor’s Office.

Ind. Automobile Wholesalers Assoc., Inc., National Dealer Licence, Llc. v. Carol Mihalik, Comm. of the Ind. Securities Div. of the Ind. Sec. of State

Indiana Court of Appeals · Dec 18, 2014

First, there is no record of the kind of personal interference in the application process that was clearly established in Scheub. … Twin Eagle, 798 N.E.2d at 844; see also I.C. § 4-21.5-5-14(d)(2) (providing for judicial review of an agency action that is “contrary to constitutional right, power, privilege, or immunity[.]”).

Ivan Cornel Augustin Hendrickson, Jr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 11, 2020

Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 11 2020, 8:47 am court except for the purpose of establishing … An abuse of discretion occurs if the decision is clearly against the logic and effect of the facts and circumstances before the trial court. Id.

Gallant Insurance Co. v. Isaac

732 N.E.2d 1262 · Indiana Court of Appeals · Aug 14, 2000

Furthermore, an article found in the corporation’s By-laws that qualified the president’s authority and limited him to what the Board approves of also did not defeat that inherent authority. See id. … Instead, however, Thompson-Harris was left unsupervised to establish common practice in violation of Gallant’s granted authority.

Darrick Scott and Paul A. Watson v. City of Terre Haute

Indiana Court of Appeals · Mar 6, 2012

Scott and Watson asserted that as merit captains, they were the only persons qualified to hold the position of battalion chief and should have been appointed to those posts. … The first step in statutory interpretation is determining if the promulgating authority has spoken clearly and unambiguously on the point in question. Id.

Dewayne Harris v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 15, 2020

Harris claimed that those results would establish Butler’s state of mind during the confrontation. … Poulos was qualified to testify as to how Butler might have behaved or acted under the influence of those drugs. [25] Notwithstanding Harris’s claim, Dr.

Grand Trunk Western Railway Co. v. Thrift Trust Co.

68 Ind. App. 198 · Indiana Court of Appeals · Apr 6, 1917

Appellant directs our attention to a statement in our original opinion which should be qualified, as will appear from what follows. … It thus clearly appears from these answers that whatever was done by decedent which could have constituted contributory negligence must have been done during the period intervening between the time he,got on said car- and

Williams v. Riverside Community Corrections Corp.

846 N.E.2d 738 · Indiana Court of Appeals · May 3, 2006

Riverside counters, however, that their policy, as published in their employee handbook, clearly sets forth the conditions under which their employees' rights to vacation and sick pay benefits may vest; because Williams was … However, another panel of this Court clarified that sick pay may qualify as "wages" under the Wage Claims Statute. In Schwartz v.

Terry McMillian v. Donna McMillian

Indiana Court of Appeals · Jan 14, 2015

“We will disregard a finding only if it is clearly erroneous, which means the record contains no facts to support it either directly or by inference.” Id. … App. 2013) (discussing use of qualified domestic relations order for payment of pension benefits divided years earlier in dissolution decree), trans. denied. 10

Campbell Hausfeld/Scott Fetzer Company v. Paul Johnson

90 N.E.3d 1205 · Indiana Court of Appeals · Dec 29, 2017

Hausfeld’s additional blanket challenge to Johnson’s designated evidence, which is improperly raised for the first time in its appellate reply brief. 3 Campbell Hausfeld argues that Sonenthal is not qualified … Johnson clearly disregarded this warning.

Thomas Walker v. State of Indiana

Indiana Court of Appeals · Jan 29, 2014

These actions establish at least some capacity for rational and reflective thought immediately after the event. … Additionally, while establishing at least a marginally heightened state of excitement, Officer Alexander’s description of Blackwell’s demeanor falls far short of establishing the extreme and continuing stress needed when