Case law

Dws v. Lds

654 N.E.2d 1170 · Indiana Court of Appeals · Aug 28, 1995

conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony or affidavit of the custodian or other qualified … To the extent that parts of the reports establish that an incident was reported by L.D.S. and her therapist, and contain the preparers' direct observations of B.M.S, those parts are admissible.

Jack A. Enslen v. Area Plan Commission of Grant County Indiana

60 N.E.3d 268 · Indiana Court of Appeals · Jul 13, 2016

[22] In sum, the APC sufficiently established that the home qualifies as an unsafe building under I.C. § 36-7-9-4(a)(6). Moreover, Enslen has failed to establish a constitutional violation. … The trial court’s judgment in favor of the APC, therefore, is not clearly erroneous. [23] Judgment affirmed. [24] Bailey, J. and Bradford, J., concur.

Shelter Insurance Co. v. Woolems

759 N.E.2d 1151 · Indiana Court of Appeals · Dec 26, 2001

An ambiguity is not established simply because a controversy exists, and one party asserts an interpretation contrary to that asserted by the opposing party. Id. … The policy clearly states that the limit of lability is $50,000.00. Woolems cannot receive more than that amount from Shelter under the policy.

Bridgestone Americas Holding, Inc. v. Mayberry

854 N.E.2d 355 · Indiana Court of Appeals · Aug 31, 2006

The rule clearly states that the only prerequisite for this Court to accept a discretionary interlocutory appeal is certification of the order by the trial court. … Further, "[the courts have not given trade secrets automatic and complete immunity against disclosure, but have in each case weighed their claim to privacy against the need for disclosure." United States v.

J.S. v. State

843 N.E.2d 1013 · Indiana Court of Appeals · Mar 21, 2006

We do not believe that an officer's assumption about an individual's actions, without more, establishes her motivations beyond a reasonable doubt. … An abuse of discretion involves a decision that is clearly against the logic *1018 and effect of the facts and circumstances before the court. Id.

Rose v. State

488 N.E.2d 1141 · Indiana Court of Appeals · Feb 12, 1986

In the present case, the prosecutor wrote a note to Rose's attorney following the second continuance which clearly was a plea bargain offer. … He claims an inadequate chain of custody was established due to a piece of scotch tape being found on the cellophane wrapper which contained the pills.

Planned Parenthood of Northwest Indiana, Inc. v. Vines

543 N.E.2d 654 · Indiana Court of Appeals · Sep 14, 1989

established by the laws of science, is of no probative value." 59 N.E.2d at 581 . … Here, the substance of tendered instruction No. 4 was adequately covered by the court's final instructions numbered 4 and 7, which clearly admonished the jury that in order to recover the plaintiffs were required to establish

Preston v. State

588 N.E.2d 1273 · Indiana Court of Appeals · Feb 26, 1992

If he did not qualify for work-release, however, he was to be committed to the Indiana Department of Correction. … In this case, Preston clearly had the opportunity to pay the fees and costs through the last day of his probationary period.

Incorparated Town of Tahlequah v. Guinn

5 Indian Terr. 497 · Court Of Appeals Of Indian Territory · Oct 19, 1904

the contract with this water company, were acting strictly within the authority conferred by the Legislature, and, that being the case, the appellees had no authority to institute this proceeding, unless said ordinance is clearly … It is self-evident that municipal corporations cannot grant anything they do not own, and authorities to establish the proposition are quite unnecessary.

JONES v. MARION COUNTY SHERIFFS DEPT.

District Court, S.D. Indiana · Jul 8, 2022

Parker's actions, I would still [have] my brace today, establishing a causal connection and displaying Dep. Parker's personal involvement."). Mr. … Because the Court finds in Deputy Parker's favor on the constitutional question, it need not address his qualified immunity argument. (See Dkt. 63 at 9−10.) B.

Bennett v. Antinnucci

District Court, N.D. Indiana · Jul 21, 2020

Moreover, when a plaintiff brings an action for money damages against a federal official in his individual capacity, the official may be entitled to qualified immunity insofar as their conduct does not violate clearly established … Although the Court concludes that a reasonable jury could find that Crane violated Bennett’s Fourth Amendment rights, the question remains as to whether Crane is nonetheless entitled to qualified immunity.

Glessner v. Baughman

District Court, N.D. Indiana · Jun 17, 2024

Even if it does, he contends that he is entitled to qualified immunity. … Baughman violated a clearly established right. UNITED STATES DISTRICT COURT

Matter of Guardianship of Brown

436 N.E.2d 877 · Indiana Court of Appeals · Jun 24, 1982

Because a qualified trustee had not been named by a set-tlor who was competent to do so, the court was empowered under IC 30-4-3-29(c) to appoint a new trustee. … Without dwelling upon her bona fides the Court of Appeals affirmed since she had failed to establish that the trial court abused its discretion (by showing that the decision was clearly against the logic and effect of the

In Re: Indiana Newspapers, Inc. d/b/a The Indianapolis Star, Jeffrey M. Miller & Cynthia S. Miller v. Junior Achievement of Central Indiana, Inc. Jennifer Burk

Indiana Court of Appeals · Feb 21, 2012

And here, The Star has clearly chosen to keep the identity of “DownWithTheColts” confidential. The Star did not waive its privilege. … Publication has clearly been established in this case.

Aaron v. Review Bd. of Indiana EmPloyment Security Div.

416 N.E.2d 125 · Indiana Court of Appeals · Feb 3, 1981

The majority opinion with regard to this issue clearly overrules the two cases last cited and usurps the prerogative of the Indiana General Assembly. … Since I would hold that claimants at exempt plants were not disqualified under the labor dispute section of the Act, they need not show they have become qualified.

WHITE

District Court, S.D. Indiana · Jan 23, 2026

Samuels's testimony and ruled him qualified to provide an expert opinion. That is sufficient here. Dr. Samuels has established that he has specialized knowledge as required by Rule 702. … And even if the Federal Defendants were not immune, White cannot establish that this was a taking under the Fifth Amendment.

Ambers v. Tippecanoe County

District Court, N.D. Indiana · Nov 13, 2024

As the Indiana Court of Appeals has put it, “the Tort Claims Act contains an unequivocal affirmative statement that clearly evinces the legislature’s intention not to subject the State or local government to suit by persons … It is well established that ITCA immunity does not apply to claims of assault, battery, and excessive force. Wilson v. Isaacs, 929 N.E.2d 200, 204 (Ind. 2010). In Kemezy v.

Seema Kapoor Shiv Kapoor Performance Support Consulting, LLC Matt Judson and Regional Construction Services, Inc. v. Steve Dybwad Cronin Insurance Services, Inc. Mark Light

Indiana Court of Appeals · Dec 15, 2015

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

Christopher Halterman v. Adams County Board of Commissioners, Adams County Sheriff, Charles Padgett, Adams County Sheriff's Dept. and Adams County Jail

Indiana Court of Appeals · Jul 18, 2013

We will reverse only when the decision is clearly against the logic and effect of the facts and circumstances. Id. Halterman argues Dr. … If the defendant establishes the lack of that causation, summary judgment is appropriate.

Milledge v. the Oaks

764 N.E.2d 230 · Indiana Court of Appeals · Mar 4, 2002

Yankeetown Dock Corp., 491 N.E.2d 969, 975 (Ind.1986) (citing Youngstown for the proposition that "a causal connection between the injury and the employment is clearly necessary to qualify for workman's [sic] compensation … Consequently, the facts of this case lack the requisite causal nexus to establish that Milledge's injury "arose out of" her employment. II.