Case law

Madison County Assessor v. Kohl's Indiana LP

Indiana Tax Court · Dec 6, 2024

Challengers must demonstrate that the Board’s final determination is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity … In essence, the agency’s decision “must provide a road map from which readers can clearly delineate the basis for [the] decision” based on the evidence.

Steve Snyder, as Personal Representative of the Estate of Kimberly Snyder v. Prompt Medical Transportation, Inc. Humana Insurance Company and St. Joseph Regional Medical Center

Indiana Court of Appeals · Jul 25, 2019

and SJRMC sought to have the order certified for interlocutory appeal, but this Court denied those requests. 1 Humana did not participate in the medical review panel process because it was not a qualified … The current version of the statute clearly shows that Congress intended to preempt a broad swath of state laws and regulations with Part C.

Gouveia v. Pulley (In Re Pulley)

111 B.R. 715 · United States Bankruptcy Court, N.D. Indiana · Oct 12, 1989

Such accounts are clearly includable in the estate. ... … Clearly he was both the settlor and beneficiary.

Sue Yee Lee Ex Rel. Kwei Hwang Lee v. Lafayette Home Hospital, Inc.

78 Ind. Dec. 503 · Indiana Court of Appeals · Sep 29, 1980

Such affidavits also attested that each of the defendants was a qualified health care provider under the act. … Provision is made for the establishment of medical review panels to review all proposed malpractice complaints against health care providers covered by this article.

Osmulski v. Becze

638 N.E.2d 828 · Indiana Court of Appeals · Aug 10, 1994

We find that Beeze has satisfied the standard necessary to establish third-party standing. … Clearly, a potentially reasonable inference from this testimony is that Osmulski failed to maintain a proper lookout.

Michael Howard v. Allen County Board of Zoning, Appeals and Alvin Schmucker

991 N.E.2d 128 · Indiana Court of Appeals · Jun 24, 2013

“Only a person who qualifies under … section 1613 … is entitled to judicial review of a final zoning decision.” Ind. Code § 36-7-4-1602(b)(4). … The trial court’s determination that it lacked jurisdiction was clearly erroneous.

Matthews v. New York, Chicago & St. Louis Railroad

93 Ind. App. 618 · Indiana Court of Appeals · Mar 15, 1928

These questions were clearly for the jury. Neither the Dickson Case nor Grand Rapids, etc., R. Co. v. … King, supra, has been overruled, and, while they antedate the statute under which appellee seeks immunity, we find nothing in the statute that abrogates the rule of law in each of these cases announced.

Christopher W. Hovis v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 16, 2015

. [12] Hovis contends that the trial court clearly erred in finding that he had failed to meet his burden of establishing grounds for postconviction relief. … State’s Exhibits A through G clearly establish that Christopher W.

Bartlett v. State Farm Mutual Automobile Insurance

206 F.R.D. 623 · District Court, S.D. Indiana · May 22, 2002

The party asserting the work-product doctrine must establish all of its elements on a document-by-document basis. Mo ld-Masters, 2001 WL 1558303 , at *2. … Cory & Associates, Inc., 1999 WL 617842 , *1 (N.D.Ill.1999) (holding that only documents "primarily concerned with legal assistance” are cloaked with immunity).

Huff v. Tabler

District Court, N.D. Indiana · Jul 31, 2019

Finally, the defendants argue that, even if they committed a constitutional violation, they would be entitled to qualified immunity. … “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

D.W.S. v. L.D.S.

654 N.E.2d 1170 · Indiana Court of Appeals · Aug 28, 1995

conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony or affidavit of the custodian or other qualified … To the extent that parts of the reports establish that an incident was reported by L.D.S. and her therapist, and contain the preparers' direct observations of B.M.S, those parts are admissible.

United States Auto Club, Inc. v. Woodward

460 N.E.2d 1255 · Indiana Court of Appeals · Mar 29, 1984

s rules clearly prohibited any attempt to override the waste gate exhaust system. … The fastest 33 cars qualifying are those which are permitted to compete in the race. 3 .

Thiellen v. Graves

530 N.E.2d 765 · Indiana Court of Appeals · Nov 30, 1988

Clearly, Thiellen’s injuries did “aris[e] out of and in the course of [his] employment.” 3 The phrase “in the course *767 of employment” refers to the time, place and circumstances under which the accident took place. … However, such a connection is established when the accident arises out of a risk which is a reasonably prudent person might comprehend as incidental to the work. Id.

JONES v. CUMMINGS

District Court, S.D. Indiana · May 26, 2020

The Supreme Court has applied a "functional approach" in determining whether the actions of government officials are afforded absolute or qualified immunity in §1983 cases. Buckley v. … On the other hand, prosecutors are entitled only to qualified immunity for actions within the prosecutor's role as administrator or investigator—such as when giving legal advice to police. Burns v.

Beeler v. Berryhill

381 F. Supp. 3d 991 · District Court, S.D. Indiana · Apr 22, 2019

He was fully qualified for a Belgian pension and fully qualified for a U. S. pension, independently of one another. … record suggesting that such "contribution payments" were based on "earnings," as required by the WEP, 42 U.S.C. § 415 (a)(7)(A) ; faulted SSA for equating "earnings" with "work" in its internal operations manual as "not clearly

McNevin v. McNevin

444 N.E.2d 320 · Indiana Court of Appeals · Mar 30, 1983

The Indiana Supreme Court in Brooks abrogated the common-law rule of interspousal tort immunity. … The above line of cases firmly establishes the principle that marital property is property which is capable of division at the time of dissolution.

Hossman v. State

473 N.E.2d 1059 · Indiana Court of Appeals · Feb 12, 1985

Clearly, the prosecutor's opening statement was riddled with proscribed personal opinion. … However, these comments established a prosecution theme which was pursued throughout the trial, namely, Hossman's defense was fabricated.

Brockmann v. Brockmann

938 N.E.2d 831 · Indiana Court of Appeals · Dec 17, 2010

Thus, Father's petition to modify legal custody of A.B. would qualify as a matter that could be arbitrated. Whether the parties actually agreed to arbitrate that matter, however, is a different issue. … The agreement here, however, does not clearly indicate an intent by the parties to arbitrate all possible future issues.

Swimming Turtle v. Board of County Commissioners

441 F. Supp. 374 · District Court, N.D. Indiana · Aug 25, 1977

In re-enacting Article III of the Northwest Ordinance the First Congress clearly exercised its power under Article I, Section 8(3) of the Constitution of the United States. … The immunity conferred by Article III is not limited to Indian Tribes but may, in appropriate cases, apply to individual Indians as well. There is no strict need to show tribal relations.

Rex E. Breeden Revocable Trust v. Hoffmeisterrepp

941 N.E.2d 1045 · Indiana Court of Appeals · Dec 6, 2010

After inspecting the house, Hendershot graded the roof as "poor/defective," and recommended that a qualified contractor further evaluate and repair as needed. … Also, Breeden himself fails to establish that Hoffmeister-Repp knew the ducts were rotten at the time of sale.