Case law

Rrf v. Llf

956 N.E.2d 1135 · Indiana Court of Appeals · Oct 28, 2011

It is well established that we may reconsider a ruling of our motions panel, but "`we decline to do so in the absence of clear authority establishing that it erred as a matter of law.'" Id. (quoting Oxford Fin. … In a related argument, Father contends that the dissolution court's order requiring a yearly redetermination of Mother's tax credit subsidy is clearly erroneous because he has already established the amount Mother will receive

McDermitt v. Logan

698 N.E.2d 331 · Indiana Court of Appeals · Jul 30, 1998

The communication at issue here did not expressly qualify the prior agreement. … In regard to the elements of negligence, McDermitt claims that the trial court’s conclusions of law show that the court impermissibly placed the burden on her to establish the negligence claim rather than on Walter to establish

Nichols v. Wallace

District Court, N.D. Indiana · Jan 24, 2025

Qualified Immunity Defendant also contends that summary judgment is warranted because he is entitled to qualified immunity. … The doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate a “clearly established” constitutional or statutory right. McAllister v.

Wisniewski v. Bennett

Indiana Supreme Court · Apr 16, 1998

Richards, Judge Cause No. 45D05-9509-CP-1710 April 16, 1998 OPINION - FOR PUBLICATION RUCKER, Judge This is a summary judgment action involving the ability of a claimant to gain access to the Patient's Compensation Fund (Fund) established … In that case the literal terms of the settlement document clearly showed that the claimant entered a written agreement with a non-qualified heath care provider.

Christopher Jerome Harris v. State of Indiana

Indiana Supreme Court · Jun 29, 2023

Greene, 563 U.S. 692, 705‒07 (2011) (noting that it may be beneficial to clarify constitutional standards, instead of resolving cases on qualified immunity grounds). … I do not think our case law or federal case law supports such an exception, including because the qualified immunity affirmative defense to federal civil rights claims under 42 U.S.C. § 1983 is not analogous to the state

Lafary v. Kindred

862 N.E.2d 686 · Indiana Court of Appeals · Mar 12, 2007

The Lafarys could overcome the presumption in favor of the Kindreds by establishing the Kindreds’ unfitness or acquiescence or by demonstrating that a strong emotional bond had formed between J.K. and the Lafarys, but the … We conclude that the trial court’s termination of the guardianship is not clearly erroneous.

Armstrong v. State

747 N.E.2d 1119 · Indiana Supreme Court · May 21, 2001

In Armstrong's trial, Riley was given immunity and the state dismissed pending criminal charges in exchange for his cooperation at petitioner's trial. … The State did not present evidence establishing any change in their versions, and we are reluctant to find these inferences reasonable.

Eley v. Benedict

113 Ind. App. 202 · Indiana Court of Appeals · Feb 9, 1943

In applying the rule, the courts have used various qualifying terms, such as “reasonable evidence,” “competent evidence” and “legal evidence.” … If it be conceded (which I do not do) that Morgan was not the agent of the appellants, then under the facts clearly established by the record Morgan’s relation with appellants was that of contractor.

In re Denny

51 L.R.A. 722 · Indiana Supreme Court · Feb 1, 1901

The idea is clearly and more succinctly expressed in the wording of the Constitution. … The original resolution provided for ratification by “a majority of the qualified voters.”

Cobbs v. Freeman-Wilson

District Court, N.D. Indiana · Sep 29, 2023

Qualified Immunity The Defendants argue that Defendants Freeman-Wilson, Allen, and Hedrick 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.” Rivas-Villegas v. Cortesluna, 142 S.

Leslie v. St. Vincent New Hope, Inc.

916 F. Supp. 879 · District Court, S.D. Indiana · Feb 7, 1996

Finally, New Hope argues that Leslie has failed to establish a prima facie case of retaliatory discharge. … Qualified Individual with a Disability To establish a prima facie ease of discrimination under the ADA, Leslie must also show that she is a “qualified individual with a disability.”

Knox County Rural Electric Membership Corp. v. PSI Energy, Inc.

663 N.E.2d 182 · Indiana Court of Appeals · Mar 21, 1996

The Commission clearly delinest-ed PSI's role and limitations in servicing the mine. … Clearly under the authority of U.S.

Pierson v. Nat'l Inst. for Labor Relations Research

319 F. Supp. 3d 1100 · District Court, N.D. Indiana · Mar 25, 2018

Such a statement could be proven false by establishing either (i) that the speaker did not believe that the person lied, and said it anyway; or (ii) by establishing that the person did not lie. Id. at n. 7. … Defendants broadly assert that because "[t]he posting at issue clearly speaks to a matter of public issue, in which author Greer and his organization had an invested interest.... The qualified privilege is applicable."

Phillips v. Officials of City of Valparaiso

233 Ind. 414 · Indiana Supreme Court · Jun 16, 1954

This same objection might be made to the establishment and maintenance of playgrounds and swimming pools; to the establishment of municipal airports and other municipal functions, the use of which is, for obvious reasons, … clause of the Indiana Constitution (Article 1, §23) is primarily for the legislature and does not become a judicial question unless it clearly appears that the legislative classification is not based on substantial distinctions

METROPOLITAN DEVELOPMENT COM'N, ETC. v. Mullin

73 Ind. Dec. 739 · Indiana Court of Appeals · Oct 15, 1979

When the exercise of that discretion turns upon whether certain facts have been established by the evidence, then we also operate within the limitation that the court’s findings will not be disturbed unless clearly erroneous … He attempted to prove that it qualifies as his legal residence.

Quincy D. Sullivan v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 21, 2017

To constitute fundamental error, the error must be a clearly blatant violation of basic and elementary principles of due process and present an undeniable and substantial potential for harm such that a fair … State, 748 N.E.2d 381, 390 (Ind. 2001) (holding that defendant cannot exercise State’s right to grant use immunity); Eaton v.

Hunt v. Jordan

4 Blackf. 532 · Indiana Supreme Court · Jun 5, 1838

Still, had the legislature couched it in language clearly expressing their design to demolish, in a great measure, the system of descents and distribution, which they had just established, we must have given it that effect … The construction which we have given that section, clearly shows the office of the proviso is only to qualify the provision of the section to which it belongs, so as to give to the wife the whole of the personal estate of

Nasser v. State

646 N.E.2d 673 · Indiana Court of Appeals · Feb 7, 1995

The record clearly reveals that Nasser lodged objections based upon inadequate foundation. … The attestation letter clearly incorporates the two officer lists, and the second officer list is clearly a continuation of the first.

A.J.R. v. State of Indiana

3 N.E.3d 1000 · Indiana Court of Appeals · Jan 23, 2014

An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances. Id. … It is within the trial court’s discretion to determine whether a witness is qualified to give an opinion.

Stewardson v. Cass County

District Court, N.D. Indiana · Mar 9, 2021

Qualified immunity shields officials from liability unless a claimant proves two elements: first, that the official violated a constitutional right; and, second, that the right was clearly established at the time of the … Clearly established law must be “particularized” to the facts of a case, Anderson v.