Case law

Indiana Civil Rights Commission v. Midwest Steel Division of National Steel Corp.

450 N.E.2d 130 · Indiana Court of Appeals · Jun 29, 1983

The use of the word 'specific' rather clearly implies something different from a general provision and the use of the word 'provision' implies something less than the subsection. … However, if the Commission has the power of reinstatement, it may order an employer to offer employment to the employee, thus establishing a cut-off time for back pay.

First Farmers Bank & Trust Co. v. Whorley

891 N.E.2d 604 · Indiana Court of Appeals · Aug 5, 2008

It is well established that during the guardianship, any neglect of duty or fraudulent conduct by the guardian herein is a private wrong against the ward. State ex. rel. … In its brief, First Farmers focuses on I.C. §§ 29—3—11 —2(b); 29-3-11-4 providing civil immunity for guardians for certain actions or omissions done in good faith or in the absence of gross misconduct.

Estate of Hunt v. Board of Com'rs of Henry County

526 N.E.2d 1230 · Indiana Court of Appeals · Aug 22, 1988

The scientific model he utilized, his assumptions, and the changes he made in those assumptions are clearly stated in the record. … State (1986), Ind., 490 N.E.2d 1097 in applying the older, well established two-prong test for expert admissibility.

State v. Cooper

918 N.E.2d 355 · Indiana Court of Appeals · Dec 15, 2009

However, an individual seeking to vacate a guilty plea due to the lack of a factual basis must also demonstrate he was prejudiced by the failure to establish the factual basis. State v. … In addition, a review of Cooper's convie-tions clearly indicates he qualified as an habitual traffic violator on April 15, 1996.

American Surety Co. of New York v. State Ex Rel. Taber

102 Ind. App. 378 · Indiana Court of Appeals · Apr 20, 1936

It appears that Primich was the duly elected and qualified Justice of the Peace in Calumet Township in Lake County, Indiana, and that while there was a duly elected and qualified constable, for some reason or other (not clear … The evidence clearly established that the appellee Taber served as special constable and had not been paid the sums to which he was thereby entitled.

In Re JH

911 N.E.2d 69 · Indiana Court of Appeals · Aug 11, 2009

A finding of fact is clearly erroneous when there are no facts or inferences drawn therefrom to support it. Id. … By its own terms, In re E.E.S. characterizes itself as an anomaly in the established case law.

Fox v. State

179 Ind. App. 267 · Indiana Court of Appeals · Jan 30, 1979

It is well established that the question as to whether a witness is qualified to testify as an expert lies within the sound discretion of the trial court. Reid v. *1169 State, (1978) Ind., 372 N.E.2d 1149 ; Niehaus v. … Clearly, one can be implicated without being specifically referred to.

Aaron v. Review Board of the Indiana Employment Security Division

440 N.E.2d 1 · Indiana Court of Appeals · Sep 28, 1982

A temporary plan or method resulting in normal production would not qualify. … Clearly, the temporary methods employed by NIPSCO did not conform to its standards for the regular operation of its facilities.

Grenard v. State Employees' Appeals Commission

494 N.E.2d 341 · Indiana Court of Appeals · Jun 25, 1986

The personnel system established by the Act is based upon "merit and scientific methods relating to the appointment, compensation, promotion, transfer, layoff, removal and discipline of employees and to other incidents of … alleging specifically wherein said order, decision, or determination is: (1) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) Contrary to constitutional right, power, privilege, or immunity

Community Foundation of Northwest Indiana, Inc., St. Mary Medical Center, Inc., and Rebecca Iwanus v. Elizabeth A. Miranda

120 N.E.3d 1090 · Indiana Court of Appeals · Mar 19, 2019

Mary’s employees, the designated evidence clearly demonstrates the statements were protected by qualified privilege. … “[I]n order to establish Court of Appeals of Indiana | Opinion 18A-PL-1458 | March 19, 2019 Page 31 of 36  negligent misrepresentation, a plaintiff must establish that the person making the

McMaster v. McMaster

681 N.E.2d 744 · Indiana Court of Appeals · Jun 18, 1997

The conclusions are clearly erroneous when they are unsupported by the findings of fact. Findings of fact are clearly erroneous when the record lacks any facts or reasonable inferences to support them. Dellaan v. … The trial court’s judgment to the contrary is clearly erroneous and must be reversed.

Eitler v. St. Joseph Regional Medical Center South-Bend Campus, Inc.

789 N.E.2d 497 · Indiana Court of Appeals · Jun 3, 2003

Moreover, a plaintiff must establish the basic elements of defamation: (1) a communication with a defamatory imputation; (2) malice; (3) publication; and (4) damages. Id. … In this context, as to the defamation claim the information was clearly evaluative in nature and constituted the subjective opinion of the evaluator.

Steven A. Ballaban v. Bloomington Jewish Community, Inc., a/k/a Congregation Beth Shalom, Paul Eisenberg, Judith Rose, Sarah Wasserman, Lynne Foster Shifriss, and Roberta "Didi" Kerler

Indiana Court of Appeals · Jan 17, 2013

Code §§ 31-33-6 grants civil immunity to any individual who makes a report of child abuse and does not restrict immunity to those who make a report to DCS. … Accordingly, Beth Shalom established, prima facie, its entitlement to judgment as a matter of law.

Jaskolski v. Daniels

905 N.E.2d 1 · Indiana Court of Appeals · Apr 24, 2009

If that is so, and § 1447(d) applies, a remand order based on a finding that an action is not precluded would arguably be immune from review. … The Supreme Court has "adopt[ed] a common-law test for determining who qualifies as an 'employee'" for statutes where Congress has not provided another definition. Nationwide Mut. Ins. Co. v.

Ott v. AlliedSignal, Inc.

827 N.E.2d 1144 · Indiana Court of Appeals · May 19, 2005

Frank's affidavit established that the disease process begins when an individual is first exposed to friable asbestos. … In some cases, the body's immune system suppresses the damaging effect of the fibers.

M.C. v. State of Indiana

Indiana Court of Appeals · Oct 9, 2019

[16] Here, the evidence establishes that many less restrictive rehabilitative efforts have failed to reach M.C. and have not produced positive changes in his behavior. … § 31-37-18-9. 1 Furthermore, our legislature has imposed strict requirements on juvenile facilities to provide recreation, education, counseling, and health care that must be operated by qualified

Meier v. American Maize-Products Co., Inc.

645 N.E.2d 662 · Indiana Court of Appeals · Jan 18, 1995

We conclude that the Board’s classification scheme does not unreasonably confer privileges and immunities upon any single group of dischargers. IV. … On the other hand, however, it has been correctly stated that a legislative amendment "may reflect their desire to express their original intention more clearly.” Indiana Dept. of State Revenue v.

Jennings v. State

553 N.E.2d 191 · Indiana Court of Appeals · Apr 26, 1990

Clearly, the officer’s testimony presents evidence as to each element. Jennings disagrees. … Officer Finch initially qualified without objection as an expert by explaining he had been trained by a qualified narcotics officer to identify marijuana by grade and by weight.

Trinity Lutheran Church, Inc. of Evansville v. Miller

451 N.E.2d 1099 · Indiana Court of Appeals · Jul 27, 1983

Our standard of review for sufficiency claims is well established. … He was clearly within the scope of the Guild's activity when he struck Miller's motorcycle.

Scott A. Criswell v. State of Indiana

45 N.E.3d 46 · Indiana Court of Appeals · Oct 13, 2015

Each of the officers then answered the investigators’ questions without being granted immunity. … At issue here is the scope of derivative-use immunity. The case law does not say that a defendant’s immunized statements may never be used by anyone under any circumstances.