Case law

Klinger v. CAYLOR

148 Ind. App. 508 · Indiana Court of Appeals · Mar 25, 1971

Plaintiff’s affidavit fails to establish a justiciable issue and is therefore inadequate to establish a genuine issue for trial against defendants’ motion; therefore defendants’ motion for summary judgment must be granted … Rusher (appellee) clearly establishes that the operation performed consisted of procedures in which no abdominal surgery was performed and plaintiff’s bowel was not cut or packed in any manner, and further, the doctor pointed

Citizens Action Coalition of Indiana, Inc. v. Northern Indiana Public Service Co.

804 N.E.2d 289 · Indiana Court of Appeals · Mar 9, 2004

This is clearly an intolerable result. Id. at 334 (emphasis supplied). … CAC's ability to raise issues not raised below was clearly established by that case. *296 NIPSCO acknowledges this holding, but argues that the holding is impacted by the subsequent adoption of Indiana Appellate Rule 5(C)

Inlow v. Hughes

38 Ind. App. 375 · Indiana Court of Appeals · Jan 24, 1906

The will was adjudged established and proved, and thereafter the person named therein as executor qualified as such. … The court probably considered that one witness was more nearly correct than the other, as to bequests; but the statute requires that all the provisions of the will as established shall be clearly proved by two witnesses.

Everette v. Everette

841 N.E.2d 210 · Indiana Court of Appeals · Jan 27, 2006

Wife has established prima facie error in this regard, and the trial court is ordered to remedy this mistake upon remand. … By distributing the residence to Husband, the trial court clearly distributed to Husband the equity in the marital residence.

Rayl v. Fort Wayne Community Schools

87 F. Supp. 2d 870 · District Court, N.D. Indiana · Feb 10, 2000

Rayl also attempts to show pretext by alleging that FWCS has failed to establish that he was not qualified for the Aide positions. However, Rayl misplaces the burden on this issue. … FWCS argues that Rayl's own subjective belief that he is qualified is insufficient to establish a prima facie case under Fortier v. Ameritech Mobile Communications, Inc., 161 F.3d 1106, 1114 (7th Cir.1998).

State Board of Funeral and Cemetery Service v. Settlers Life Insurance Company

5 N.E.3d 1170 · Indiana Court of Appeals · Mar 14, 2014

The Pulaski County DFR determined that the assignment of the policy would not qualify as an excluded resource under Medicaid. … Taylor wrote that “[u]nder Wisconsin law, a Life Insurance Funded Burial Contract is valid only when, among other items, it is assigned to a ‘funeral director or operator of a funeral establishment’” and concluded that

Stevens v. State

691 N.E.2d 412 · Indiana Supreme Court · Dec 31, 1997

He . clearly acted in a cold-blooded manner. … ” than "non-death qualified” juries.'

Common Cause, Inc. v. State

691 N.E.2d 1358 · Indiana Court of Appeals · Mar 10, 1998

The Court held that such actions were within the scope of the Rhode Island legislature’s legitimate legislative functions, and therefore were shielded by legislative immunity. … We discern no reason to reformulate what Judge Metz has so clearly and articulately stated. Accordingly, we adopt the quoted portions of his Findings and Conclusions.

In Re the Adoption of S.Z., R.W. v. C.G. (mem. dec.)

Indiana Court of Appeals · Feb 3, 2016

Factual findings “are clearly erroneous if the record lacks any evidence or reasonable inferences to support them [and] . . . a judgment is clearly erroneous when it is unsupported by the findings of fact and … The trial court concluded: “The fact that Mother received disability income does not establish a willful failure to pay support[.]

John Doe 1 v. Indiana Department of Child Services

53 N.E.3d 613 · Indiana Court of Appeals · May 26, 2016

While the disclosure of Doe’s identity clearly violated the statute, DCS argues that the statute does not confer a private right of action. … A special relationship was clearly established when Doe made the call to the DCS hotline and, after making his report, indicated his reluctance to give identifying information.

South Bend Community School Corp. v. Portage Township of St. Joseph County

520 N.E.2d 446 · Indiana Court of Appeals · Mar 16, 1988

(Emphasis added.) 9 Thus, we hold that under the 1985 version of the Book Fee Statute, a trustee has the authority to establish the procedures that must be followed by applicants in order for them to qualify for assistance … Section 2(a) does not expressly state that the trustee is to establish the procedures that must be followed by applicants in order to qualify for assistance. ("... [TJrustee shall adopt financial eligibility standards...

Martin v. Miller-Eads, Inc.

47 F. Supp. 2d 1081 · District Court, S.D. Indiana · Mar 9, 1999

While the FTCA on its face is a “broad waiver” of sovereign immunity that provides for governmental liability commensurate with that of private parties, its waiver of immunity is far from absolute; many important classes … In order to succeed, Martin must establish that the VA had a duty to inspect that flowed to him. See Basicker v.

Frazier v. State

263 Ind. 614 · Indiana Supreme Court · Oct 20, 1975

P.C. 1, notwithstanding that he would fail to qualify for consideration on the merits under Ind. R. P.C. 2. (p. 211). Taken out of context, this statement might be very misleading. … In fact, the contrary was clearly stated. The same may logically be said of the very similar defense of laches.

Ashley L. Stapert v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 30, 2015

Under this rule, “a witness may be qualified as an expert by virtue of ‘knowledge, skill, experience, training, or education[,]’ . . . [a]nd only one characteristic is necessary to qualify as an expert.” Kubsch v. … “As such, a witness may qualify as an expert on the basis of practical experience alone.” Id.

Indiana Voluntary Firemen's Ass'n, Inc. v. Pearson

700 F. Supp. 421 · District Court, S.D. Indiana · Nov 29, 1988

In reaching its decision, the Court first found that prior authorities ... clearly establish that charitable appeals for funds, on the street or door-to-door, involve a variety of speech interests — communication of information … At the very least, however, these three Supreme Court cases clearly establish the analytical framework within which this court must approach the free speech questions presented by the plaintiffs’ complaint: a threshold inquiry

Alfaro v. Stauffer Chemical Co.

173 Ind. App. 89 · Indiana Court of Appeals · May 12, 1977

*92 the policy consistently and in accord with' its intent in establishing the policy. … However, in response to the inquiries of the two or three people who asked, Ferraro acknowledged the existence of a policy and further qualified his answer by stating that its application depended upon the conditions under

Sieb, Gdn. v. Miller

102 Ind. App. 389 · Indiana Court of Appeals · Jul 2, 1936

“FOURTH: On the 15th day of December, 1917, Bertram Sieb qualified as trustee under the terms of the will of said Louis H. … “FIFTH: Upon qualifying as such executor and trustee the said Bertram Sieb took possession of all the assets, both real and personal, comprising the estate of said Louis H.

Beautygard Manufacturing Co. v. Geeslin

148 Ind. App. 340 · Indiana Court of Appeals · Jan 27, 1971

Contrary to assertions advanced, we must assume that the Board would have nothing to gain by setting the assessed value of a taxpayer’s property unreasonably and excessively high so as to qualify the cause for removal to … a judicial question unless it clearly appears that the legislative classification is not based on substantial distinctions with reference to the subject-matter, or is manifestly unjust or unreasonable.”

Hoosier Outdoor Advertising Corp. v. RBL Management, Inc.

844 N.E.2d 157 · Indiana Court of Appeals · Mar 21, 2006

Indiana Code Section 4-21.5-5-14 establishes the scope of judicial review of an administrative decision. Id. at 490 . … "Deemed abandoned" clearly indicates that the abandonment is required as a matter of law, regardless of a party's agreement, in keeping with section 8083-1(E) of the MCZO.

Michael E. Ritchie, M.D. v. Community Howard Regional Health, Inc.

51 N.E.3d 1212 · Indiana Court of Appeals · Mar 10, 2016

We will reverse the judgment only when it is clearly erroneous. Id. Findings of fact are clearly erroneous when the record lacks evidence or reasonable inferences from the evidence to support them. Id. … immunity for boards and their agents[.] … These actions by the General Assembly demonstrate the important public policy aimed at improving the quality of care within our hospitals