Case law

Zimmer, Inc. v. Nu Tech Medical, Inc.

54 F. Supp. 2d 850 · District Court, N.D. Indiana · Mar 31, 1999

Zimmer notes that the advisory opinion process may only be used to immunize an agreement from prosecution. 42 C.F.R. § 1008.5 (a). The OIG did not immunize the parties’ Agreement. … Nu Tech apparently possessed a Medicare billing number, which qualified it as a “supplier” under 42 C.F.R. § 424.57 (a).

Monroe County Assessor v. SCP 2002 E19 LLC 6697, a/k/a CVS 6697-02

77 N.E.3d 270 · Indiana Tax Court · May 25, 2017

The Monroe County Assessor challenges the Indiana Board of Tax Review’s final determination establishing the assessed value of SCP 2002 E19 LLC 6697’s, a/k/a CVS 6697-02, (“CVS”) real property for the 2007 through 2013 … “An abuse of discretion may occur if the Indiana Board’s decision is clearly against the logic and effect of the facts and 6 circumstances before it, or if the Indiana Board

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

Kelly v. Finney

207 Ind. 557 · Indiana Supreme Court · Feb 21, 1935

Section 1 of the 14th amendment provides as follows: “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 of life … We think these cases are clearly distinguishable from the case at bar, and the principles there involved are not controlling in this case.

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 .

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

Frye v. State

197 Ind. 615 · Indiana Supreme Court · May 11, 1926

While it does not clearly appear from the evidence, yet it may be inferred, that the still in question, when seized, was on the real estate owned, controlled and in the possession of appellant’s father, and *619 at least … While this statute purports to confer upon such appointee “all the power of constables,” yet it is silent on the question of qualifying him as such officer.

Higgins v. State

855 N.E.2d 338 · Indiana Court of Appeals · Oct 18, 2006

(c) The state health commissioner shall prescribe the terms of the annual contract awarded to licensed teachers qualifying for payment under this schedule. … The School Corporation incorporated that proposal into the CBA and established a retirement account into which it contributed an agreed-upon percentage of each teacher's salary.

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.

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.

In Re Thompson

396 B.R. 5 · United States Bankruptcy Court, N.D. Indiana · Nov 5, 2008

The record establishes that the debtor and his wife Heather A. Thompson filed a Form 1040A U.S. … Again, the debtor’s interest in the subject payment is clearly property of his bankruptcy estate, and the sole question before the court is the extent of that interest.

State Ex Rel. Seal v. Superior Court of Knox County

221 Ind. 36 · Indiana Supreme Court · Jan 30, 1943

Dale Eby, regular Judge of the, Gibson Circuit Court, as special judge, and he qualified as such. … That a writ of prohibition will issue from this court under such circumstances is clearly established by the cases cited and many others that might be cited. The temporary writ heretofore issued is made permanent.

Matter of Brown

636 N.E.2d 1249 · Indiana Supreme Court · Jun 29, 1994

The facts recited here clearly and convincingly establish that Respondent violated Ind.Professional Conduct Rule 3.4(c) by failing to personally pay the discovery expenses the Jay Circuit Court ordered him to pay. … Although restitution is occasionally considered a mitigator, forced or compelled restitution, such as that occurring after disciplinary proceedings are initiated, does not qualify as such.

Ad Craft, Inc. v. Board of Zoning Appeals

693 N.E.2d 110 · Indiana Court of Appeals · Mar 27, 1998

The party asserting the invalidity of the agency action bears the burden of establishing its invalidity. Id.; Ind.Code § 4-21.5-5-14. … We also presume that words which appear in the ordinance were intended to have meaning, and we endeavor to give those words their plain and ordinary meaning, absent a clearly manifested purpose to do otherwise.

Harbour Town Associates, Ltd. v. City of Noblesville

540 N.E.2d 1283 · Indiana Court of Appeals · Jul 20, 1989

Therefore, it was not an accessory use of the property, and similarly did not qualify as an allowable use. The decision of this court in Mazey v. … It was solely the character of the main use of the property as school or public which qualified the accessory use as a permitted use.

City of Valparaiso, Indiana v. Richard and Janet Brown

Indiana Court of Appeals · Mar 13, 2014

The party seeking immunity bears the burden of establishing its conduct comes within the Act. Mullin v. Mun. City of South Bend, 639 N.E.2d 278 (citing Peavler v. Monroe Cnty Db. Of Comm’rs., 528 N.E.2d at 46)). … “We will not reverse the trial court’s decision unless prejudicial error is clearly shown.” 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.

Stanley v. Kelley

422 N.E.2d 663 · Indiana Court of Appeals · Jun 29, 1981

Because Kelley’s statements to F.S.C. management were protected by a qualified privilege, Stanley was required to prove that the publication of the statement was made with malice. Indianapolis Horse Patrol Inc. v. … The testimony established, however, that several persons other than Kelley telephoned the officers of F.S.C. and related substantially the same matters that Kelley later related to the F.S.C. officers.

Hursh v. Hursh

99 Ind. 500 · Indiana Supreme Court · Jan 9, 1885

The court below erred in the appointment of a receiver, because the insolvency of the defendant Philip Hursh was not established by the proof. “3. … Adhering to these decisions, and applying to this case the rule established by them in this State, we can not consider the sufficiency of the complaint.