Case law

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

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

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."

Masonic Temple Ass'n of Crawfordsville v. Indiana Farmers Mutual Insurance

779 N.E.2d 21 · Indiana Court of Appeals · Nov 21, 2002

Masonic Temple contends that it will prevail at trial on its contention that the engineering report clearly revealed faulty construction as the source of the damage a predicate factual determihation and should also be allowed … Indiana Farmers claims that Uishig, an insurance expert without a law degree, is not qualified to offer an. admissible expert opinion on proximate cause or bad faith.

Brown v. State

480 N.E.2d 938 · Indiana Supreme Court · Jul 30, 1985

Sufficiency of the evidence with reference to Count I to qualify as bodily injury to the victim. … The evidence clearly showed here that the robbery victim received from Defendant's gun a bump, red marks and pain for two or three days.

Miller v. Miller

763 N.E.2d 1009 · Indiana Court of Appeals · Feb 21, 2002

Notwithstanding Wife's argument, our review of the record before us does not establish that the trial court failed to properly value the marital home. … Testimony at the final hearing revealed that he had a retirement plan from former employment and that a Qualified Domestic Relation Order (QUADRO) had been obtained against the retirement plan. 1 The expectation of the parties

Indiana State Ethics Commission v. Nelson

656 N.E.2d 1172 · Indiana Court of Appeals · Jan 24, 1996

The reason for the establishment of this principle is obvious: a person cannot serve two masters at the same time and the public interest should not be entrusted to an official who has a pecuniary, personal or private interest … Clearly, a State Forester's engagement in the lucrative business of buying and selling forest land and products is incompatible with the duties and responsibilities of a State Forester. Our analysis is complete.

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.

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.

Schaefer-LaRose v. Eli Lilly and Co.

663 F. Supp. 2d 674 · District Court, S.D. Indiana · Sep 29, 2009

These facts clearly demonstrate that Ms. … Schaefer-LaRose fully qualifies as exempt under the FLSA’s administrative exemption. C.

M Q v. M W

Indiana Court of Appeals · Sep 19, 2025

In reaching this conclusion, we hold that when a jurisdictional priority problem arises in a proceeding concerning custody of a child, that jurisdictional priority problem presumptively qualifies as a potential … in petitions to establish or modify parenting time)

Charles E. Barber v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 21, 2020

Cates stated: “Your Honor, I guess he’s a difficult ca – I mean, there are people who are clearly not competent and there are people who are clearly competent and then Court of Appeals of Indiana | … He also stated: “Your Honor, I guess he’s a difficult ca – I mean, there are people who are clearly not competent and there are people who are clearly competent and then we have the Mr.

Wilkinson v. Swafford

811 N.E.2d 374 · Indiana Court of Appeals · Jun 29, 2004

Two requirements must be met for a witness to be qualified as an expert. Schaefer, 750 N.E.2d at 793 . … Berkowitz is a physiatrist does not necessarily qualify him as an expert.

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.

Killian v. State

467 N.E.2d 1265 · Indiana Court of Appeals · Sep 5, 1984

Killian cross-examined Tubbs and established he was testifying in exchange for dismissal of charges against him by the State. Killian continued to question Tubbs at length as to the terms of this agreement. … The evidence most favorable to the State clearly shows Killi-an, Webb, and Tubbs went to Padgett's cell and threatened him. Then Padgett, in fear, engaged in deviate sexual acts with Webb and Tubbs.

Planned Parenthood v. COMMISSIONER OF IND.

794 F. Supp. 2d 892 · District Court, S.D. Indiana · Jun 24, 2011

It applies only to the extent that the provider "continues to be qualified," as the Medicaid Act "clearly does not confer a right on a recipient to enter an unqualified [provider] and demand a hearing to certify it, nor does … services willing to render services in accordance with the fee schedules established by the state."

Austin v. Vanderburgh County Sheriff Merit Commission

761 N.E.2d 875 · Indiana Court of Appeals · Jan 16, 2002

According to those provisions, members of the department who meet the qualifying conditions must take and pass a written examination. … Clearly, such recommendations are dependent upon the independent personal evaluations of the various individuals involved.

Trattner v. American Fletcher Mortgage Investors

74 F.R.D. 352 · District Court, S.D. Indiana · Nov 1, 1976

In order to qualify for certain tax advantages as a real estate investment trust (REIT) under the Internal Revenue Code, in particular, 26 U.S.C. §§ 856-858 , AFMI was required to concentrate the preponderance of its investments … The plaintiffs, seeking to represent the purported class, have the burden of establishing the four prerequisites to the maintenance of a class action found in Rule 23(a) of the Federal Rules of Civil Procedure.

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

Jeffrey B. Buskirk v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Sep 26, 2016

As it does not qualify as any of the types of pleadings specified by Trial Rule 7, a request for a sentence modification qualifies as a motion before the trial court, not a pleading. … The defendant must establish not only the grounds for prosecutorial misconduct but must also establish that the prosecutorial misconduct constituted fundamental error.