Case law

Indiana Department of Environmental Management v. West

812 N.E.2d 1099 · Indiana Court of Appeals · Aug 9, 2004

Whether Employees' claims against IDEM are barred by the Eleventh Amendment and sovereign immunity; II. … Clearly there has been no prejudice to [the professor] in the presentation of the merits of his case, and in fact, he claims none.

Royal Academy of Beauty Culture & Royal Beauty Shop, Inc. v. Wallace

226 Ind. 383 · Indiana Supreme Court · Mar 22, 1948

suits alleging fraud which aggregate claims exceeded $15,000; (2) Defendant’s school did not meet the requirements of the State of West Virginia for the training of students, although defendant advertised its students could qualify … The evidence clearly failed to prove insolvency. United States v. Anderson Co. (1941), 119 F. 2d 343, 345 ; Garvin, Rec. v. Chadwick Realty Corp. *387 (1937), 212 Ind. 499, 507 , 9 N. E. 2d 268 ; Chicago, etc., R.

Trinity Homes LLC v. Ohio Casualty Insurance

864 F. Supp. 2d 744 · District Court, S.D. Indiana · Mar 29, 2012

“physical injury” so as to qualify as “property damage” can include the construction project. … Delay alone is generally insufficient to establish estoppel against, or an implied waiver of defenses by, an insurance company. 3 Protective Ins. Co. v.

Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc.

162 Ind. App. 671 · Indiana Court of Appeals · Dec 30, 1974

Does the qualified constitutional privilege announced in New York Times v. Sullivan and Rosenbloom v. … For example, a state legislator in Indiana is immune from liability even if he publishes defamatory material with an improper motive and with knowledge of its falsity (absolute privilege). IND. CONST., Art. 4, § 8.

Com. for Prev. Wage Scale, Etc. v. Zeller, Etc.

140 Ind. App. 478 · Indiana Court of Appeals · Jul 8, 1965

Zeller, was a duly appointed, qualified, and acting officer of said committee, pursuant to Acts of 1935, Chapter 319, Burns’ Indiana Statutes, 1951 Repl., Sec. 53-301. 6. … Replacement, affords a statutory action predicated upon the provisions thereof and makes essential, as a basis of jurisdiction, that an actual controversy be presented, that is, a justiciable controversy or question, which is clearly

Traicoff v. Digital Media, Inc.

439 F. Supp. 2d 872 · District Court, S.D. Indiana · Jul 7, 2006

The very act of Congress establishing a right under the statute grants protection to that established right. … Indeed, the first sentence of § 201(d) clearly expresses the right for an owner of an exclusive right to transfer that right, in whole or in part.

State v. Caplinger

616 N.E.2d 793 · Indiana Court of Appeals · Jul 15, 1993

marked as a police vehicle, which will clearly show him or his vehicle to casual observations to be an officer. … APPELLATE RULE 15(A)(3) PROVIDES: "Unless specifically designated 'For Publication', memorandum decisions shall not be published nor shall they be regarded as precedent nor cited before any court except for the purpose of establishing

Ball v. State

275 Ind. 617 · Indiana Supreme Court · Apr 16, 1981

The evidence clearly reveals that Ball’s confessions were given voluntarily. … Fourth, another co-owner of the Deja Vu testified that he had been granted immunity in exchange for his testimony before a Hamilton County grand jury concerning these matters.

Huntington Mortgage Co. v. DeBrota

703 N.E.2d 160 · Indiana Court of Appeals · Nov 6, 1998

This paragraph clearly states that if PMI was a condition of making the loan the borrower “shall pay the premiums.” Id. … A Correct. sis # $ * % * A I knew that private mortgage insurance was a requirement of me qualifying for the mortgage.” Record, pp. 197, 202, 212. 6 .

Hill v. Ward

45 Ind. App. 458 · Indiana Court of Appeals · Mar 8, 1910

Ruhl, supra, the court said: “There is, however, at least one paragraph of the answer which is clearly bad, and that is the paragraph which pleads want of consideration. … , and its holder can transfer it to others with the like immunity.

Jeffrey A. Weisheit v. State of Indiana

109 N.E.3d 978 · Indiana Supreme Court · Nov 7, 2018

Although the email clearly informed counsel that Dr. … trial counsel to decide to hire another qualified expert.”

St. Mary's Medical Center of Evansville, Inc. v. State Board of Tax Commissioners

534 N.E.2d 277 · Indiana Tax Court · Jan 27, 1989

Although the facts of Hotel Dieu are similar to the case at bar, the standard established for exemption in Louisiana is more lenient than the standard established in Indiana. … The Lodge clearly did not fall within the exemption statute. The court stated that “[t]he wording of the statute clearly did not apply to appellee’s situation.

Indiana Ass'n of Seventh-Day Adventists v. State Board of Tax Commissioners

512 N.E.2d 936 · Indiana Tax Court · Aug 17, 1987

The hearing officer recommended disapproval of the exemption for the parsonage duplex under IC 6-1.1-10-21 because a teaching minister was residing in the parsonage duplex at the time of the hearing, and thus did not qualify … It is well established that statutes exempting property from taxation are to be strictly construed in favor of the tax, and the burden is upon the one claiming the exemption to show that the property clearly falls within

GLASS v. NEEDHAM

District Court, S.D. Indiana · Apr 23, 2025

Defendant Sheriff Ryan Needham has moved for summary judgment on the grounds that he was not personally involved in any alleged constitutional deprivations and he is entitled to qualified immunity. … Qualified Immunity The Court acknowledges that Sheriff Needham has raised the qualified immunity defense.

Croxton v. Renner

103 Ind. 223 · Indiana Supreme Court · Oct 10, 1885

Carpenter, a resident *225 of such county, and a competent person, on the 11th day of June, 1864, was duly appointed administrator of the estate of said Eichard Colton, deceased, duly qualified as such, and that on the 7th … the settlement of such estate is finally completed and established by the judgment of the proper court.

Taylor v. Ford Motor Co.

944 N.E.2d 78 · Indiana Court of Appeals · Mar 1, 2011

In reviewing the trial court’s factual findings and judgment, we will reverse only if they are clearly erroneous. Id. … the Legislature to definitively establish that the lessees of temporary employees are joint employers and not third-party tortfeasors.”

Smith v. State

217 Ind. 643 · Indiana Supreme Court · Nov 8, 1940

It is provided that remonstrances may be filed by landowners, and reviewers shall be appointed who shall qualify as provided by section 6 to assess *648 and report damages in favor of the remonstrators. … That instrument, together with a plat exhibiting clearly and distinctly the land conveyed to the public, was never revoked by the grantors.

In Re KJA

790 N.E.2d 155 · Indiana Court of Appeals · Jun 19, 2003

In summary, not only did the juvenile statutes prohibit the court from requiring anyone aside from the county to pay for services provided for K.J.A., the statutes that establish the Bureau clearly prohibit the Division from … s finding that K.J.A. qualified for services was not tantamount to the Division finding that the Bureau would pay for any services for which K.J.A. qualified. As we said above, the Division approved the A.L.J.'

Rodriguez v. ATF UC 3749

District Court, N.D. Indiana · Aug 25, 2025

Because Spadafora did not withdraw his Affirmative Defense 6 as to qualified immunity and Judge Martin determined that he sufficiently pled qualified immunity, there is no clear error in Judge Martin granting Defendant … “Qualified immunity protects an officer from liability if a reasonable officer could have believed that the action taken was lawful, in light of clearly established law and the information the officer possessed at the

Marriage of Myers v. Myers

560 N.E.2d 39 · Indiana Supreme Court · Sep 18, 1990

Husband shall pay to the Wife upon his qualifying for retirement pay from the military service and actually retiring from the military service a sum to be calculated in the following manner: Fifty percent (50%) of the retirement … These facts do not establish a substantial and continuing change in the cireum-stances.