Case law

In the Matter of F.S., T.W., M.F., and B.F. (Minor Children) v. Ind. Dept. of Child Services for Crawford County

53 N.E.3d 582 · Indiana Court of Appeals · May 12, 2016

The defendants asserted qualified immunity, and the district court granted their motion for summary judgment. … In order to determine whether qualified immunity shielded the defendants from liability for the plaintiffs’ constitutional claims, the reviewing court first had to determine whether the facts alleged showed

Bowen Engineering Corp. v. W.P.M. Inc.

557 N.E.2d 1358 · Indiana Court of Appeals · Aug 14, 1990

The established federal rule is that consolidation without notice is not reversible error absent a showing of prejudice. See also Holly Sugar Corp. v. … This statute clearly makes it the Board’s duty to see that such information (the plan—Sec. II of the Board’s form) is submitted.

Warner, Etc., Admrs. v. Keiser, Etc., Exrs.

93 Ind. App. 547 · Indiana Court of Appeals · Aug 11, 1931

Maring, his surviving widow, named as executrix, qualified and entered upon the discharge of her duties; Joel M. … Maring, deceased; on October 26, 1926, the appellees were appointed and qualified as executors of the last will and testament of Grace K.

Miller v. Bryant

644 N.E.2d 188 · Indiana Court of Appeals · Dec 15, 1994

Therefore, it falls within the parameters of P-C.R.1(1)(c) of the Indiana Rules of Procedure which clearly requires the Madison Cireuit Court to transfer the petition to the Vanderburgh Circuit Court. … If 1.0. 35-50-6-8.3's purpose had been to reward academic achievements, it is doubtful that the statute would have included a qualifying cut-off date.

Burgett v. Burgett

43 Ind. 78 · Indiana Supreme Court · May 15, 1873

The charge in this respect is clearly correct in the abstract, and as applied to the evidence. … Moreover, if the defendant desired an instruction upon this point leaving out the qualifying term “practising,” he should have asked it. We now pass to the next point.

Duff v. Lobdell-Emery Manufacturing Co.

926 F. Supp. 799 · District Court, N.D. Indiana · Apr 15, 1996

AT & T Technologies, Inc., 831 F.Supp. 1398 (N.D.Ill.1993), but that case clearly states that "Fed.R.Civ.P. 30(e) allows a witness to make `any changes in form or substance' to a deposition transcript but requires a statement … Duff as having an otherwise qualifying impairment, the impairment would not constitute a “disability” under the ADA. Mr.

Indiana State Department of Public Welfare v. Foster

542 N.E.2d 234 · Indiana Court of Appeals · Aug 17, 1989

In order to qualify for Medicaid Foster had a resource limitation of $2250 or less. See 470 IAC 9.1-3-17(a). … However, IND.CODE 30-2-10-1 et seq. permits the establishment of a funeral trust with the money used to create the trust not counting against the financial resources of the applicant.

Donald B. Kite, Sr. v. Alexandra Curlin

Indiana Court of Appeals · Dec 30, 2019

Thus, Curlin was clearly ineligible for the District 2 seat on the School Board. … established that Curlin was an ineligible candidate.

PERRY v. STATON

District Court, S.D. Indiana · Jan 27, 2021

Analysis of the qualified immunity defense requires a consideration of: (1) whether the plaintiff's constitutional rights were violated and (2) whether the rights were clearly established at the time. Saucier v. … Dugan is entitled to qualified immunity only if the right was not clearly established at the time.

Knight & Jillson Co. v. Miller

172 Ind. 27 · Indiana Supreme Court · Mar 16, 1909

to the theory upon which it was presented to the trial court; and *32 in doing so, may look to the pleadings, the entire record, and briefs of counsel, and will construe the pleadings upon the theory most apparent, most clearly … The insistence here is that the words in the title, “intended to prevent free competition in business,” qualify and limit the words “to prohibit contracts or combinations of persons, firms or associations,” that they do not

Regester v. Indiana State Board of Nursing

703 N.E.2d 147 · Indiana Supreme Court · Dec 16, 1998

seeking such relief has been prejudiced by an agency action that is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … Reges-ter’s testimony alone establishes the basis for the Board’s suspension of her license.

Borgman v. State Farm Insurance

713 N.E.2d 851 · Indiana Court of Appeals · Jun 9, 1999

The burden is upon the party challenging the statute to clearly overcome the presumption by a contrary showing. Boehm v. Town of St. John, 675 N.E.2d 318, 321 (Ind.1996). … Rendleman, 603 N.E.2d 1333, 1337 (Ind.1992) (it is within the legislature’s authority to expand or restrict the scope of sovereign immunity through the Tort Claims Act). *856 We note that the relationship of the worker’s

Santos v. County of Lake, Indiana

District Court, N.D. Indiana · Jun 1, 2020

The term “discriminate against a qualified individual on the basis of disability” includes “denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified … “Prosecutors may be entitled to either absolute or qualified immunity from civil liability under 42 U.S.C. § 1983 for actions undertaken pursuant to their official duties.

Waldon v. State

829 N.E.2d 168 · Indiana Court of Appeals · Jun 14, 2005

The cases that do exist upon the charge of Corrupt Business Influence shed little light upon whether Waldon and his accomplices qualify as an "enterprise." … However, the witness who was to testify *178 about those crimes, David Cudworth, refused to testify at trial, even after being granted use-immunity.

Indiana Telephone Ass'n v. Public Service Commission

477 N.E.2d 911 · Indiana Court of Appeals · May 13, 1985

This latter proposition was emphasized by the supreme court in General Telephone Company when it noted "section 54-601(b) [I.C. § 8-1-2-88] clearly distinguishes between a territorial certificate issued pursuant to the Act … The Act also established a procedure whereby a public utility operating under a municipal franchise contract could surrender such contract and accept in lieu thereof an "indeterminate permit."

Weiss v. Frick

693 N.E.2d 588 · Indiana Court of Appeals · Mar 31, 1998

On review of a modification of child support, the trial court’s judgment will be affirmed unless clearly erroneous, that is, unless it is clearly against the logic and effect of the facts and circumstances before the trial … Courts have a duty to provide an effective means for enforcing a support order or a parent could become immune from an order for support. Id. (quoting Gibson v. Bennett, 561 So.2d 565, 569 (Fla.1990), cited in Pettit v.

Columbian Rope Co. v. Todd

631 N.E.2d 941 · Indiana Court of Appeals · Jul 29, 1994

An abuse of discretion occurs only if the court's determination is clearly against the logic and effect of the facts and circumstances before the court. McCullough v. … We hold that the trial court did not err in allowing McCann to testify about the insufficiency of Columbian's warnings, MeCann did not testify to anything that could not have been testified to by any similarly qualified expert

Gluck v. Wnin Tri-State Public Media, Inc.

879 F. Supp. 2d 999 · District Court, S.D. Indiana · Jul 18, 2012

The plaintiff bears the burden of establishing that he meets the required elements of standing. Retired Chicago Police Ass’n v. City of Chicago, 76 F.3d 856 , 862 (7th Cir.1996). … This is, however, clearly the basis for his second claim because he alleges violations of his First Amendment rights and actually titles his action “Civil Rights Complaint.” [Dkt. 1 at 2.].

Kapoor v. Dybwad

49 N.E.3d 108 · Indiana Court of Appeals · Dec 15, 2015

The above provisions clearly absolve WTB of dny duty to Plaintiffs to provide tax, legal, or financial advice. … , non-qualified, and flexible compensation programs for clients across the country.

State ex rel. Yancey v. Hyde

13 L.R.A. 79 · Indiana Supreme Court · Jun 18, 1891

He qualified on the 11th day of the same month, and entered upon the discharge of the duties of the office/and has ever since continued to discharge such duties. … Under this appointment the appellee qualified and entered upon the discharge of the duties of said office.