Case law

Hartman v. Farmers Production Credit Ass'n

628 F. Supp. 218 · District Court, S.D. Indiana · Mar 18, 1983

Sue and be sued clauses are included in all statutes that establish a federally chartered corporation. … Congress very clearly did not intend remedies in federal court.

Buckeye Hospitality Dupont, LLC, nka Sandpiper Fort Wayne LLC v. Stacey O'Day, in her official capacity as Allen County Assessor

Indiana Tax Court · Feb 28, 2020

final determination is arbitrary, capricious, an abuse of 4 discretion, or otherwise not in accordance with the law; contrary to constitutional right, power, privilege, or immunity … Tax Ct. 1980) (providing that where it appears the Legislature amends a statute to express its original intention more clearly, the normal presumption that an amendment changes a statute’s meaning

Faver v. Bayh

689 N.E.2d 727 · Indiana Court of Appeals · Dec 10, 1997

The judgment will be reversed only when clearly erroneous. DeHaan v. DeHaan, 572 N.E.2d 1315, 1320 (Ind.Ct.App.1991), trans. denied. … Findings of fact are clearly erroneous when the record lacks any evidence or reasonable inferences from the evidence to support them. Id.

Van Orden v. State

469 N.E.2d 1153 · Indiana Supreme Court · Oct 26, 1984

This instruction clearly and accurately states the law and was properly given. … The burden of proof is on the defendant to establish the defense of insanity by a preponderance of the evidence.

Fisher v. State

785 N.E.2d 320 · Indiana Court of Appeals · Mar 24, 2003

Standard of Review The petitioner in a post-conviction proceeding bears the burden of establishing grounds for relief by a preponderance of the evidence. Ind. Post-Conviction Rule 1(5); Saylor v. … The actual text of the Fourteenth Amend-meni provides in part: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person

JOHNSON v. COMMUNITY HOSPITAL OF ANDERSON

District Court, S.D. Indiana · Mar 28, 2022

Qualified Immunity Returning to Officers Thomas and Allen, CHA Defendants argue that the officers are entitled to qualified immunity. … "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v.

J.S. v. J.D.

941 N.E.2d 1107 · Indiana Court of Appeals · Feb 7, 2011

On August 10, 2009, J.D. filed a petition to establish visitation with A.H. … Yet the plain language of section 31-19-16-2 clearly applied. When interpreting a statute, the first step is to determine whether the legislature has spoken clearly and unambiguously on the point in question. City of N.

Zambrana v. Armenta

819 N.E.2d 881 · Indiana Court of Appeals · Dec 30, 2004

Because the duty of a landowner to a business invitee was well-established, courts merely: needed to look at the issue of foreseeability. Id. … Indeed, reducing his argument to its essence, Zambrana seeks immunity on precisely the basis of that indifference.

Penley v. State

506 N.E.2d 806 · Indiana Supreme Court · Apr 15, 1987

Some of these incidents qualified for admission under recognized exceptions and others did not. Admission of the latter requires reversal. … State (1981), 275 Ind. 434 , 417 N.E.2d 328 . 1 The similarities between the attack on the victim and the attack on her sister sufficiently established a modus operandi to qualify the sister's testimony as admissible to resolve

Metropolitan Development Commission v. Goodman

588 N.E.2d 1281 · Indiana Court of Appeals · Mar 19, 1992

2) Did the trial court err in determining that the apartment use of the carriage house was legally established before the effective date of the existing zoning ordinance and therefore qualified for the nonconforming use exception … Special findings and the judgment flowing therefrom will be set aside only if they are clearly erroneous. Id.

Strack v. Holcomb

District Court, N.D. Indiana · Sep 18, 2020

was ‘clearly established’ at the time of the alleged violation, such that a reasonable public official would have known his conduct was unlawful.” … Strack alleges no facts that show any of his constitutional rights, clearly established at the time of the alleged violation, were violated by the defendants.

Thomas v. Hemmelgarn

579 N.E.2d 1333 · Indiana Court of Appeals · Oct 21, 1991

Delron Corporation failed to qualify its offer or sale of shares under the private offering exemption pursuant to 1980 IC 23-2-1-2(b)(10)(iii). 5. … It clearly was appellants' burden to establish that appellees were in part delicto with them.

Welborn Memorial Baptist Hospital, Inc. v. County Department of Public Welfare

442 N.E.2d 372 · Indiana Court of Appeals · Nov 15, 1982

(Act) implicitly grants it the authority to establish rules and regulations such as the one in question. … IC 12-5-6-11 clearly states that the county is responsible for emergency medical care given in any hospital to a person who qualifies for assistance. . For present law see IC 12-5-6-2. .

Peter & Burghard Stone Co. v. Carper

96 Ind. App. 554 · Indiana Court of Appeals · Jul 3, 1930

The statute, by its plain words, absolutely prohibits a foreign corporation from transacting any business until qualified. Now let us examine Section 9 of the same act, being §4618, supra. … The rule in this regard has been clearly and aptly stated by Lord Chief Justice Holt in Bartlett v. Vinor, Carth.

In Re Marriage of Erwin

840 N.E.2d 385 · Indiana Court of Appeals · Jan 13, 2006

[Katharine] is also qualified to work in retail, and seems to have little trouble getting a retail sales job. 14. … The evidence established that Katharine had earned more than $17,000 in 2003 and was expected to earn more than $19,000 in 2004.

JL v. State

789 N.E.2d 961 · Indiana Court of Appeals · Jun 3, 2003

Foundational requirements to admissibility often require factual determinations by the trial court, and these findings are entitled to the same deference on appeal as any other factual finding, whether that is described as a clearly … Rule 803(6) permits the foundational requirements to be established by a "custodian or another qualified witness. " Further, the proponent of an exhibit may authenticate it by calling a witness who has a functional understanding

Rebirth Christian Academy Daycare, Inc. v. Brizzi

96 F. Supp. 3d 835 · District Court, S.D. Indiana · Mar 30, 2015

Although the State clearly was not obligated to make available this alternative avenue of providing legal child care in Indiana, having created a statutory and regulatory scheme that entitles qualifying entities to operate … The action was ultimately dismissed on the basis of qualified immunity, but the Seventh Circuit first found such a process to be violative of the Due Process Clause, observing that while a state’s interest in child welfare

National Collegiate Student Loan Trust 2006-4 v. Debra Vance (Bock) (mem. dec.)

Indiana Court of Appeals · Oct 29, 2018

It further asserted that Vance was incorrect in claiming that it was Lender’s burden to establish that the debt was not discharged, as the burden was on her to establish that the educational loan was excluded … part: (1) Qualified education loan. -- The term “qualified education loan” means any indebtedness incurred by the taxpayer solely to pay qualified higher education expenses-

Asher Hill v. K. Chesterfield

Indiana Court of Appeals · Jan 25, 2024

But even if the defendants aren’t immune from suit, Hill has failed to state a valid claim against them under 42 U.S.C. § 1983, for the reasons just discussed. … Court of Appeals of Indiana | Opinion 23A-CT-1649 | January 25, 2024 Page 9 of 12 [14] “It has been clearly established for decades that prisons must provide inmates with ‘the minimal civilized measure of

Swank v. Tyndall

226 Ind. 204 · Indiana Supreme Court · Apr 7, 1948

While the general rule may be that the court was mistaken and the law is and always has been as expounded in the last decision, there is a well established exception. … A text writer has said: “The presumption that statutory enactments are not to be considered retrospective in their operation unless the intention so to make them clearly appears from their terms has application as well to