Case law

Sidell v. Review Board of Indiana Employment Security Division

428 N.E.2d 281 · Indiana Court of Appeals · Dec 1, 1981

She claimed to have worked exactly 26 weeks, just qualifying her for the T.R.A. benefits. … In determining this issue we use the established principle of construction that all language in a statute will be deemed to have been used intentionally.

Smith v. Kyler

74 Ind. 575 · Indiana Supreme Court · May 15, 1881

In making a qualified vacation of the first judgment, in granting a new trial of the cause. 8. In overruling the appellants’ motion to set aside a part of the order vacating the first judgment. 9. … and properly shown and established elsewhere, in and by the record.

John F. Harris v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 29, 2016

He also claimed that his trial counsel was ineffective for failing to investigate the apartment complex sufficiently to establish that it qualified as a family housing project. … In this review, we accept findings of fact unless clearly erroneous, but we accord no deference to conclusions of law. Id.

ESTATE OF CONNER BY CONNER v. Ambrose

990 F. Supp. 606 · District Court, N.D. Indiana · Dec 23, 1997

Furthermore, based on the record, this court is not convinced that defendants are protected by "qualified immunity." The alleged conduct in the present case does not meet the test of "objective, legal reasonableness." … The entity, here the City, is not entitled to the shield of qualified immunity from liability under § 1983. Id., see also, Carey-Jones v. Duffin, No. 82 C 6285, 1985 WL 826 (N.D.Ill. April 16, 1985).

Marriage of Boone v. Boone

924 N.E.2d 649 · Indiana Court of Appeals · Mar 31, 2010

Indeed, we conclude that the failure to approve of retroactive child support predating the filing of a dissolution decree is more indicative of the Indiana Legislature's views on the subject, because the Legislature has clearly … Yet, in draconian terms, the dissent opines that our conclusion in this case will immunize deadbeat parents from legal accountability, give married deadbeat parents a "free pass" for shirking their duty, and deprive children

Keith A. Hoglund v. Michael Lautzenheiser, Sr., and Kenton Kiracofe (mem. dec.)

91 N.E.3d 1099 · Indiana Court of Appeals · Sep 13, 2017

Four Thousand, Seven Hundred and Seventy dollars ($6,984,770 est.[2]) in a deferred debt unknown to the Claimant, Revenue in International Monetary Units (negative numbers, based on accrual accounting, qualifying … lacks standing to sue them because their alleged refusal to complete his fraudulent tax documents did not cause him any legally cognizable injury, the defendants are entitled to absolute prosecutorial immunity

Hutcherson v. Corbin

District Court, N.D. Indiana · May 5, 2023

Moreover, these factual disputes prevent summary judgment on qualified immunity grounds. See Smith v. … ” summary judgment on qualified immunity grounds is inappropriate).

Haas v. Bush

894 N.E.2d 229 · Indiana Court of Appeals · Sep 29, 2008

In the instant case, the evidence established Elaine was more likely than not to die from her lung cancer even if it had been diagnosed and treated in January 2002. The Estate was clearly unable to establish that Dr. … Haas also raises a constitutional challenge under the Privileges and Immunities Clause, article 1, section 23 of the Indiana Constitution.

Shawn Wilson v. State of Indiana

39 N.E.3d 705 · Indiana Court of Appeals · Jul 23, 2015

would not qualify under this exception because it is not a statement against her penal interest. … The State also failed to establish Wilson was carrying a handgun that night.” Appellant’s Br. p. 21. [27] Our standard of reviewing claims of sufficiency of the evidence is well settled.

Indiana Department of State Revenue v. J. C. Penney Co.

412 N.E.2d 1246 · Indiana Court of Appeals · Dec 2, 1980

Accordingly, the court reasoned: “[W]e are of the opinion that these sales were clearly interstate in character and thus immune from state taxation .... … Clearly, the charge accounts in this case come within this definition.

Rrf v. Llf

935 N.E.2d 243 · Indiana Court of Appeals · Oct 8, 2010

In other words, if both parties qualify for the federal tax credit or certain tax credits, the Court should allocate the expenses equitably so that qualifying parties are not unnecessarily deprived of a deduction. … In other words, if both parties qualify for the federal tax credit or certain tax credits, the Court should allocate the expenses equitably so that qualifying parties are not unnecessarily deprived of a deduction.

Campbell v. Eckman/Freeman & Associates

670 N.E.2d 925 · Indiana Court of Appeals · Sep 19, 1996

The court reasoned that the mere fact that the insurance carrier has a relationship with the employer should not afford it special immunity under the Act. Id. at 331 . … These documents also clearly stated that Intracorp was retained by the insurance company and that Intracorp’s involvement and services were based on the insurance company’s request.

WARNER v. ANDERSON HOUSING AUTHORITY

District Court, S.D. Indiana · Mar 20, 2024

Qualified Immunity Defendants argue Ms. Davis and Ms. Richardson are entitled to qualified immunity on Mr. … At the motion to dismiss stage, courts "often cannot tell from a complaint whether qualified immunity applies" and thus it is "rarely" the time to decide qualified immunity, which is a fact-driven inquiry. Roldan v.

Bloomington Country Club, Inc. v. City of Bloomington Water & Wastewater Utilities

827 N.E.2d 1213 · Indiana Court of Appeals · May 31, 2005

The IURC cited testimony in Cause No. 42088 as to how "cost of service allocation procedures" had been employed in establishing the irrigation rate. Id. … The privileges and immunities clause prohibits granting to a "citizen, or class of citizens, privileges or immunities, which upon the same terms, shall not equally belong to all citizens." Inp. Congr. art. 1, § 28.

Square 74 Associates LLC v. Marion County Assessor

Indiana Tax Court · Dec 3, 2019

must demonstrate to the Court that the Indiana 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 … Square 74 also relies on the provision regarding real estate taxes: [Square 74] shall pay and discharge, or cause the [qualified sublessees] to pay and discharge, as when the same become due

Averitt Express, Inc. v. State of Indiana ex rel. Indiana Department of Transportation

18 N.E.3d 608 · Indiana Court of Appeals · Sep 25, 2014

The Court concluded that the United States was asking it to establish a “new liability,” and such a determination was a matter for Congress. Id. at 316. … Finally, the State is not asking us to establish a new form of liability, but rather to apply Indiana’s well-established principles of negligence to this case.

State ex rel. Benham v. Bradt

170 Ind. 480 · Indiana Supreme Court · May 26, 1908

Clearly the word “license,” as employed in §6378, supra, means the written document by which permission or authority has been granted to the holder thereof to teach in the common schools for the period of time required by … As the complaint does not show that the relator at the time of his alleged election held some one of the licenses required by §6378, supra, but held only the diploma therein set out, he must be held to have failed to establish

Mull v. Carr

5 Ind. App. 491 · Indiana Court of Appeals · Dec 1, 1892

In many cases the facts are of such a nature that they can not be clearly portrayed to the j ury so as to furnish the basis for reliable inferences, yet they may be of such a character that a non-expert, who has had sufficient … allowed to give his opinion only when based upon his personal knowledge of facts, and he can not consider any information communicated to him by another ; consequently, before his opinion is received his competency must be established

Rodgers v. Rodgers

503 N.E.2d 1255 · Indiana Court of Appeals · Feb 25, 1987

Morton qualified as special judge. DISCUSSION AND DECISION Our Supreme Court held in State v. … Clearly, the trial court erred by appointing Mat-sey judge pro tempore while Judge McLaughlin was not absent from the court.

Marriage of Pond v. Pond

700 N.E.2d 1130 · Indiana Supreme Court · Oct 26, 1998

Further, in closing argument filed in writing to the court, the husband stated: The facts most clearly provided in this case establish that the marriage of the parties was deteriorating. … To the contrary, the agreement clearly falls within the ambit of section 10 of the Dissolution of Marriage Act.