Case law

Tell City Boatworks, Inc. v. Indiana Department of State Revenue

Indiana Tax Court · Dec 18, 2020

qualified research. … (CCH) 354, 2014 WL 4920724, at *17-19 (T.C. 2014) (finding that a taxpayer’s systematic modeling and testing of schematics to address uncertainties established a qualified process of experimentation

Worthington v. State

78 Ind. Dec. 376 · Indiana Court of Appeals · Sep 25, 1980

Considered together these statutes clearly set forth and segregate the type of behavior proscribed by law. … Clearly there was sufficient evidence from which the trial court could conclude that the fourth statement was voluntary.

Elkins v. Marion County Office of Family & Children

736 N.E.2d 791 · Indiana Court of Appeals · Oct 19, 2000

Standard of Review This court will not set aside the trial court’s judgment terminating a parent-child relationship unless it is clearly erroneous. In re A.A.C., 682 N.E.2d 542 , 544 (Ind.Ct.App.1997). … City of Manhattan, 849 F.Supp. 1429, 1439 (D.Kan.1994), Elkins observes that a violation is established upon a showing that she: is a qualified individual with a disability; was excluded from participation in or denied the

Snipes v. State

298 N.E.2d 503 · Indiana Court of Appeals · Jul 17, 1973

He was not qualified as an expert. Thus, the trial judge properly found the testimony was not relevant and did not err. No. 2. Did the court err in allowing evidence of another crime? … The officer further testified that the defendant-appellant spoke clearly and read the statement aloud before he signed it. In the case of Smith v.

Reed v. Watson

27 Ind. 443 · Indiana Supreme Court · May 15, 1867

• The facts relative to the execution of the will, upon which the finding of the lower court is evidently based, and which the evidence so clearly tends to establish as to require this court, in determining the legal question … The finding and judgment of the court, we think, are •clearly right, and should therefore be affirmed. The judgment is affirmed, with costs.

Midwest Psychological Center, Inc. v. Indiana Department of Administration

959 N.E.2d 896 · Indiana Court of Appeals · Dec 30, 2011

“A judgment on the pleadings is proper only when there are no genuine issues of material fact and when the facts shown by the pleadings clearly establish that the non-moving party cannot in any way succeed under the facts … The 2007 amendments added non-profit corporations to the definitions of MBE and "owned or controlled” and added a specific definition for qualified minority or women's non-profit corporation.

Thomas & Nancy Crandall v. Bartholomew County Assessor

Indiana Tax Court · Sep 30, 2024

The Court granted their request, established a supplemental briefing schedule, and held oral argument. … The Court examined whether the Legislature’s intent was clearly apparent based on the text of HEA 1260 and concluded that it was.

Valerie D. Alexander v. Angela F. Trapp Trapp Law, LLC and Lisa Alexander (mem. dec.)

Indiana Court of Appeals · Dec 5, 2018

be Dec 05 2018, 10:29 am regarded as precedent or cited before any CLERK court except for the purpose of establishing … [12] “For immunity from liability to exist based on absolute privilege, the statement in question must be ‘relevant and pertinent to the litigation or bear some relation thereto.’”

Matter of Indiana State Bar Ass'n

550 N.E.2d 311 · Indiana Supreme Court · Feb 21, 1990

This principle is so well established that it requires little, if any, citation to support it. … Lawyers must not be immune from disciplinary proceedings, especially when it comes to administering their clients' accounts.

Miller v. State

167 Ind. App. 271 · Indiana Court of Appeals · Dec 17, 1975

We note first that it is well established that to preserve error for review, specific grounds must be stated at the time an objection is made. Smith v. State (1974), 159 Ind. App. 438 , 307 N.E.2d 875 . … Clearly, the circumstances of the first delivery were separate from the circumstances of the second delivery and/or possession. We find no merit in defendant’s first contention.

Hall v. State

796 N.E.2d 388 · Indiana Court of Appeals · Sep 30, 2003

This is a threshold inquiry that must first be established before the trial judge may consider the presumption [of prejudice] ... … Only one of the above characteristics is necessary to qualify an individual as an expert. Id.

COLYER v. ANDERSON POLICE DEPARTMENT

District Court, S.D. Indiana · Mar 30, 2023

officers are entitled to qualified immunity. … Colyer's arrest, Officers Jerrett and Durr are not entitled to qualified immunity. Mr.

Department of Natural Resources v. Evans

493 N.E.2d 1295 · Indiana Court of Appeals · Jun 19, 1986

Although Evans was qualified, she was not hired and the evidence indicated she was denied employment in retaliation for the federal lawsuit. … The Court finds Evans clearly mitigated any loss she might have had. The Court finds that Evans lost wages in the amount of $8,144.00.

Carlson v. CSX Transportation, Inc.

83 F. Supp. 3d 819 · District Court, S.D. Indiana · Jan 28, 2015

competing qualifications does not constitute evidence of pretext unless those differences are so favorable to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly … better qualified for the position at issue.

Ratner, Tr. v. City of Richmond

136 Ind. App. 578 · Indiana Court of Appeals · Jul 13, 1965

E. 914 established the principle that equity may intervene to enjoin the commission of a crime. … Therefore all stéps taken under said power and grant of authority must clearly conform to the terms of the grant.

Suits v. Murdock

63 Ind. 73 · Indiana Supreme Court · Nov 15, 1878

feet wide ; and file their report, which is in the words and figures following, to wit: “ ‘ We, the undersigned reviewers, appointed by your honorable body, at your June session, 1875, beg leave to report that, after being qualified … full description of such location, change or vacation, by routes and bounds and by its course and distance, except that in case of the vacation of a road, or any part thereof, such description only as will designate it clearly

Schilling v. HUNTINGTON CTY. COMMUNITY SCH. CORP.

898 N.E.2d 385 · Indiana Court of Appeals · Dec 18, 2008

. *388 DISCUSSION AND DECISION Our standard of review for summary judgment appeals is well established. Asbestos Corp. v. Akaiwa, 872 N.E.2d 1095, 1096 (Ind.Ct.App.2007) (citing Owens Corning Fiberglass Corp. v. … Being a volunteer firefighter clearly qualifies as `any other business or occupation.' Id.

Avemco Insurance Co. v. State Ex Rel. McCarty

812 N.E.2d 108 · Indiana Court of Appeals · Jun 29, 2004

A party seeking a preliminary injunction must establish a prima facie case at the preliminary injunction hearing. Id. … In Fidelity, the stop loss insurer sought a court determination that it was providing health insurance in order to qualify for a tax deduction, and the court held that it was. Id.

Walker v. Rinck

604 N.E.2d 591 · Indiana Supreme Court · Dec 2, 1992

Clearly, the parents' conduct in conceiving children when knowledge of the Rh sensitization was an intervening, superseding cause of Nathan and Kathy's problems. 566 N.E.2d at 1090 (footnote omitted). … (Alleged failure of physicians to test mother for rubella and to immunize her against rubella prior to conception which caused injury to later-conceived child.)

Koziol v. Vojvoda

662 N.E.2d 985 · Indiana Court of Appeals · Mar 18, 1996

After establishing that the area of the accident was well-lit, the following colloquy occurred: Q. … First, we note that Officer Fandrei was qualified to give his expert opinion.