Case law

Indianapolis Horse Patrol, Inc. v. Ward

138 Ind. App. 368 · Indiana Court of Appeals · Feb 23, 1966

to defame, and creates in them a legal immunity for any word, act or deed spoken or done by them. … This is the method employed herein by appellee in an attempt to establish the tort of common law conspiracy.

Werblo v. BD., HAMILTON HEIGHTS SCHOOL CORP.

519 N.E.2d 185 · Indiana Court of Appeals · Feb 16, 1988

The Supreme Court stated, "We have repeatedly noted that 42 U.S.C. § 1983 creates ' "a species of tort liability" in favor of persons who are deprived of "rights, privileges, or immunities secured" to them by the Constitution … The school's endorsement and promotion of the convocation appears to violate the establishment clause of the First Amendment of the United States Constitution.

Speckman v. City of Indianapolis

540 N.E.2d 1189 · Indiana Supreme Court · Jul 6, 1989

In both instances the employer bargains for an immunity from legal process for an act already committed. Speckman's settlement agreement provides independent consideration by releasing the City from a tort claim. … Supreme Court has said: To have a property interest in a benefit [such as a job] a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Ayanna Wright and American Federation of State, County, and Municipal Employees, Council 62, Local 4009, AFL-CIO v. City of Gary, Indiana

Indiana Court of Appeals · Mar 15, 2012

Gardner determined that she was fully qualified for the GFCSC’s administrative assistant position. … diminish that policy as the GFCSC’s chairman determined that Wright was fully qualified for the position.

Connelly v. Hundley

96 Ind. App. 439 · Indiana Court of Appeals · Apr 26, 1933

Hundley was duly appointed receiver of Citizens Bank, Jonesboro, by this court, on September 22, 1930, and duly qualified as such receiver and is now the receiver of said bank. … Connelly, for the amount of the said certificate of deposit. (2) “It clearly appears upon the face of said complaint that the said certificate of deposit was issued to *443 the said Harry L.

Dean v. State

901 N.E.2d 648 · Indiana Court of Appeals · Feb 27, 2009

The burden then shifts back to the defendant to establish that he is entitled to *654 discharge by showing that the trial court's explanation was clearly erroneous. Id. … Because Dean established that the three congestion orders in question were factually inaccurate, he established a prima facie case adequate for discharge. See James, 716 N.E.2d at 939 .

Williams v. Citizens Gas Co.

206 Ind. 448 · Indiana Supreme Court · Dec 22, 1933

questioned that the legislative branch of government of the various states of the United States has the power to regulate the conduct of all enterprises which are affected with a public interest. 1 *453 This proposition was clearly … Citizens Gas Co. et al. supra, discloses a final adjudication of the existence and validity of a public charitable trust sought to be established in this suit.

Delee v. City of Plymouth

11 F. Supp. 3d 893 · District Court, N.D. Indiana · Mar 31, 2014

employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established … Thus, while the rate (i.e., $225 times years of employment) of Plymouth’s longevity pay is plainly a seniority benefit, the amount of Plymouth’s longevity pay due to be paid for any given year is clearly intended to be compensation

Jensen v. State

905 N.E.2d 384 · Indiana Supreme Court · Apr 30, 2009

Under this test the court must first determine whether the legislature meant the statute to establish civil proceedings. Id. … But the foregoing "disabilitlies]l or restraint[s]" applied to Jensen even before his offense qualified him as a sexually violent predator.

State Ex Rel. Blair v. Gettinger

230 Ind. 588 · Indiana Supreme Court · Apr 15, 1952

The appellees offered testimony designed to establish appellant’s incompetence to teach the first and second grades, but such evidence was rejected. … The appellant says the administrative school officials have the exclusive right and power to make assignment of teachers to particular grades and subjects, and since the appellant did have a license which clearly entitled

Diego Morales v. John Rust

Indiana Supreme Court · Mar 6, 2024

The strength and vitality of “established parties,” Elrod v. … But these choices do not reflect an “inherent” characteristic cognizable under our Privileges and Immunities Clause jurisprudence.

Johnson v. Schloesser

146 Ind. 509 · Indiana Supreme Court · Jan 6, 1896

While the opinion in that case contains some remarks by the learned judge who delivered it, favorable to appellee’s contention, yet such remarks were clearly obiter Jdictum. … The construction contended for renders so much of the section as makes it a lien against bona fide purchasers nugatory and meaningless; or rather qualifies the provision that it is a lien for ten years after its rendition

Skrzypczak v. State Farm Mutual Automobile Insurance Co.

668 N.E.2d 291 · Indiana Court of Appeals · Jul 16, 1996

To qualify for coverage from Mutual, an insured must be accident and ticket free for three years, and be insured by Casualty for at least one year. … In evaluating whether the findings and judgment are clearly erroneous, we neither reweigh the evidence nor judge the witnesses' credibility. Id.

Ind. & Mich. Elec. Co. v. PUBLIC SERV. COM'N

495 N.E.2d 779 · Indiana Court of Appeals · Jul 29, 1986

The Commission also has authority to establish and review utility rates. … Section 9 defines "order" as "an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons."

Doe v. Methodist Hospital

690 N.E.2d 681 · Indiana Supreme Court · Dec 31, 1997

I base this disagreement upon four grounds: (1) the issue was not raised by the parties; (2) the tort of public disclosure of private facts is clearly established in Indiana jurisprudence; (3) the provisions of the Indiana … The tort of invasion of privacy by the public disclosure of private facts is clearly established in Indiana jurisprudence.

Chevrolet of Columbus, Inc v. Bartholomew County Assessor

Indiana Tax Court · Mar 19, 2024

s final determination is arbitrary, 3 capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege or immunity … To show an abuse of discretion, Chevrolet must show the Indiana Board’s decision is “clearly against the logic and effect of the facts and circumstances before it or that it has misinterpreted the law.”

T.Q. v. Indiana Department of Child Services

996 N.E.2d 385 · Indiana Court of Appeals · Oct 8, 2013

[Parents] have failed to qualify for social security on several attempts, but they are hopeful with their new social security attorney. Id. at 74. … The Court in Matter of Robinson noted in that: It was clearly established at that hearing that the children were wards of the Welfare Department in foster home care, that they were to remain so, and that the father was to

Simpson v. State ex rel. Eisler

179 Ind. 196 · Indiana Supreme Court · Nov 26, 1912

The office of a proviso in a statute generally is either to except something from the enacting clause, or to qualify or to restrain its generality. 36 Cyc. 1161; 26 Am. and Eng. Ency. Law (2d ed.), 678; United States v. … When made the amount of the fee stands as established and out of reach of the authority of the city as though the law itself had specifically required the particular sum which the city has fixed to be *204 exacted by cities

Young v. State Ex Rel. School City of Gary

230 Ind. 315 · Indiana Supreme Court · Feb 5, 1952

It shall be the established policy of the State of Indiana to assist local school corporations in making it possible for every child within such local school corporations to have access to such minimum foundation program. … The Legislature clearly intended that the .new salary schedule should first apply to the 1951-1952 school year and this intention is clearly indicated by the express provision that the first distribution under the 1951 Appropriation

Eli Lilly and Co. v. SICOR PHARMACEUTICALS, INC.

705 F. Supp. 2d 971 · District Court, S.D. Indiana · Mar 31, 2010

While they are correct that a public presentation such as this might qualify as prior art under 35 U.S.C. § 102 (a) and (b), Ecolochem, 227 F.3d at 1369-70 , the Bergstrom Slides to not qualify as prior art. … The reference or evidence used to establish obviousness under 35 U.S.C. § 103 must qualify as prior art under one or more sections of 35 U.S.C. § 102 . Panduit Corp. v. Dennison Mfg.