Case law

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.”

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.

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.

Think Tank Software Development Corp. d/b/a Think Tank Networking Technologies Group v. Chester, Inc., Mike Heinhold, John Mario, Joel Parker, Thomas Guelinas

Indiana Court of Appeals · May 7, 2013

To invoke this doctrine, the matters decided in the earlier appeal must clearly appear to be the only 7 possible construction of an opinion. Id. … WILNER’S QUALIFICATIONS Chester argues that Wilner is not qualified to render an opinion on causation.

MWANGANGI v. NIELSEN

District Court, S.D. Indiana · May 3, 2021

Defendants are presently entitled to an appeal concerning the qualified immunity determinations and are pursuing that appeal. … Defendants assert that the interest of judicial economy will be served by a stay that will permit them to litigate the qualified immunity issue on appeal.

Jones v. State

780 N.E.2d 373 · Indiana Supreme Court · Dec 20, 2002

He argues that the evidence establishes only suspicion and possibilities, not proof beyond a reasonable doubt. … In contrast to the very significant weight we accord the two aggravating circumstances found in this case, we conclude the aggravating circumstances clearly outweigh the mitigating circumstances.

Prowell v. State

687 N.E.2d 563 · Indiana Supreme Court · Nov 4, 1997

The trial court’s statement, although brief, adequately establishes that the court evaluated and balanced the mitigating and aggravating circumstances. 4. … Thus, the issue is not whether in our judgment the sentence is unreasonable, but whether it is clearly, plainly, and obviously so.

Berger v. National Collegiate Athletic Ass'n

162 F. Supp. 3d 845 · District Court, S.D. Indiana · Feb 16, 2016

The Sixth Circuit, like the Tenth Circuit before it, declined to follow the test established by the DOL. … The extent to which the intern and the employer clearly understand that there is no expectation of compensation.

Christina Lyons v. Lilliam Henegar, Trusteee of Bloomington Township (mem. dec)

Indiana Court of Appeals · May 30, 2017

[8] Findings will only be set aside if they are clearly erroneous. Id. “Findings are clearly erroneous only when the record contains no facts to support them either directly or by inference.” Id. … This was not an unforeseen circumstance that would qualify as an emergency.

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.'

Martin v. State

262 Ind. 232 · Indiana Supreme Court · Jul 25, 1974

The chain of custody rule in Indiana requires that before an exhibit may be introduced against a defendant at trial the State must establish a link between the defendant and the exhibit and also establish the whereabouts … Clearly Wallace’s testimony is not hearsay and thus the identical fact improperly sought to be established through Shay’s testimony was properly established through Wallace’s subsequent competent testimony.

The City of Indianapolis, and Indiana Department of Environmental Management v. Moran Electric Service, Inc. (mem. dec.)

Indiana Court of Appeals · Mar 4, 2020

Moran argued that IDEM improperly issued the NFA Letter because the remedial goals established for the site had not been met. … So, the applicable statutes and rules would clearly have precedent in this instance. Joint Appendix of Appellants Vol. II at 63.

Hawkins v. State

219 Ind. 116 · Indiana Supreme Court · Nov 5, 1941

The next three questions in varying language all ask the same thing in substance, whether she was promised immunity from a murder charge if she would testify in this case. … doubt, to make its own case in its own way; and the evidence may be very valuable in illustrating or establishing other material facts.

Monroe v. City of Bluffton

31 Ind. App. 269 · Indiana Court of Appeals · Jun 4, 1903

Spaulding, a duly qualified practicing physician, written authority to act as such health officer during Dr. Horne’s absence, after which Dr. … App. 98 , cited by counsel for appellee, but they are clearly distinguishable from the case at bar. Those opinions expressly indicate that circumstances' might exist that would require a different holding.

Miller v. Kifer

75 Ind. App. 198 · Indiana Court of Appeals · Mar 17, 1921

That there is an exception to such general rule under which such declarations are admissible, we admit, but it only applies where the declaration accompanies an act proper to be given in evidence and in some way qualifies … While the exception under consideration is well recognized, it should not be extended beyond its established limitations. Baker v. Baker, supra.

Bollenbacher v. Helena Chemical Co.

934 F. Supp. 1015 · District Court, N.D. Indiana · Jun 24, 1996

Indeed, in order to state a prima facie ease of discrimination under the ADA, a plaintiff must establish that he or she is a qualified individual with a disability. 42 U.S.C. § 12112 (a). … Therefore, claims Helena, plaintiff clearly does not fit the definition of a “qualified individual with a disability,” which is defined as a person “with a disability who, with or without reasonable accommodation, can perform

Davis v. Eagle Products, Inc.

501 N.E.2d 1099 · Indiana Court of Appeals · Dec 18, 1986

Walker could have been cross-examined during the deposition, his out of court statement qualified for an exception to the hearsay rule. Patterson v. … In order to establish an abuse of discretion, we must determine that the trial court's ruling was clearly against logic and effect of facts and circumstances before the court, as well as the reasonable and probable inferences

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.

French v. State ex rel. Harley

141 Ind. 618 · Indiana Supreme Court · Jun 13, 1895

, and to establish himself in, said position. … In the last of these cases it was said (p. 516): “It is established law that an act of the Legislature can not be annulled by the judiciary in any respect unless it clearly contravenes some provision of the constitution.

Stanley v. State

479 N.E.2d 1315 · Indiana Supreme Court · Jul 9, 1985

In order to qualify as newly discovered evidence capable of permitting a new trial, an affidavit must contain a statement of the facts showing (1) that the evidence has been discovered since the trial; (2) that it is material … The findings of the post-conviction court are amply supported in the record and are clearly sufficient to support the denial of post-conviction relief. The judgment is affirmed.