Case law

Matter of Haffner

25 B.R. 882 · United States Bankruptcy Court, N.D. Indiana · Dec 16, 1982

Further, the evidence established that the debtors owed $4,800 in bin payments. … Clearly the enforcement of the “setoff” requirement is an attempt to collect a pre-petition debt.

St. Ex Rel. Sch. C. of South Bend v. Thompson, Aud.

211 Ind. 267 · Indiana Supreme Court · Feb 24, 1937

be a duly elected, qualified and acting mayor of a city in such county or a president of the board of trustees of an incorporated town in such county; one (1) shall be a duly elected or appointed, qualified and acting member … Its powers are clearly set forth in the above section.

John Green v. Stephen Robertson, Commissioner, Indiana Department of Insurance

56 N.E.3d 682 · Indiana Court of Appeals · Jul 5, 2016

Concluding the trial court’s findings and judgment are not clearly erroneous, we affirm. … The liability of a qualified health care provider is limited to the first $250,000.00 in damages. Ind. Code § 34-18-14-3(b).

S R v. T D

Indiana Court of Appeals · Jun 10, 2024

Initially, we note that, despite the DNA test showing that Putative Father is Child’s biological father, he qualifies as a “putative father” under Indiana Code section 31-9-2-100. … Rather, the applicable statutes very clearly establish that, unless and until Indiana Code section 31-19-5-1(b) applies, a putative father is required to register.

SPARGER-WITHERS v. TAYLOR

District Court, S.D. Indiana · Apr 21, 2022

As a general matter, "a stay of discovery is warranted only when a party raises a potentially dispositive threshold issue such [as] standing, jurisdiction, or qualified immunity." Id. at *3. … immunity.

Kevin Dowdy v. State of Indiana

83 N.E.3d 755 · Indiana Court of Appeals · Sep 7, 2017

“We defer to the trial court’s findings of fact unless they are clearly erroneous, and we will not reweigh the evidence.” Id. … And the inquiry is not as forgiving as the one employed in the distinct context of deciding whether an officer is entitled to qualified immunity for a constitutional or statutory violation.

Equal Employment Opportunity Commission v. General Electric Co.

17 F. Supp. 2d 824 · District Court, N.D. Indiana · Jul 21, 1998

To proceed under the ADA, Smith must establish that he is an individual with a “disability” as defined by the Act. Smith’s burden of proving that he is a qualified individual with a disability is a “threshold matter.” … GE also points out that Smith’s per se argument is contrary to well-established law in this and other circuits. See Homeyer v.

Holtzleiter v. Holtzleiter

944 N.E.2d 502 · Indiana Court of Appeals · Feb 25, 2011

An abuse of discretion occurs when the decision is clearly against the logic and effect of the facts and circumstances before the court, including any reasonable inferences therefrom. … The twelve-month requirement is clearly met because the divorce decree was issued on August 22, 2008, and Father filed his petition to modify child support on September 24, 2009.

In Re: the Termination of the Parent-Child Relationship of: K.R., J.T.R., J.L.R., & E.R. (Minor Children) A.B. (Mother) and J.R. (Father) v. The Indiana Department of Child Services

Indiana Court of Appeals · Sep 26, 2019

In sum, the Indiana Supreme Court held that the SCAN reports did not qualify as business records. Id. … A judgment is clearly erroneous if the findings do not support the trial court’s conclusions or the conclusions do not support the judgment. Id.

Reginald Dillard v. State of Indiana

Indiana Court of Appeals · Oct 24, 2023

Judge Sutton further found that Forensic Specialist Chapman had “misled [Deputy Prosecutor] Becker into believing that he was qualified to conduct the type of latent print comparisons that [had] exist … of bias or prejudice may be established if a judge’s order is sufficiently egregious.

State ex rel. Shuckman v. Neff

74 Ind. 146 · Indiana Supreme Court · Nov 15, 1880

Neff was duly elected a constable-of Madison township, in Allen county, and had duly qualified as such constable on the 17th day of October, 1872, and as such had executed his bond in the sum of two thousand dollars, with … In the first of these instructions, the court told the jury that to entitle the relator to recover in this action, it was necessary for him to establish by a preponderance of the evidence, among other facts mentioned, “that

Gross Income Tax Division v. Shane Manufacturing Co.

244 Ind. 279 · Indiana Supreme Court · Jun 20, 1963

The factual situation, in the case at bar, is clearly set out in the “Stipulation of Facts” filed in this action, which omitting formal parts thereof and exhibits thereto is as follows: “It is hereby stipulated and agreed … It is a well established principle of constitutional law that a State may not levy a tax on transactions which will result in an “unnecessary” burden upon interstate commerce.

Michael L. Harris v. State of Indiana, Elkhart County Sheriff's Dept.

Indiana Court of Appeals · Jan 23, 2013

FILED Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of Jan 23 2013, 8:49 am establishing … As a result of the inherent immunity rooted in the Supremacy Clause, federal officers are immune “for actions reasonable and necessary in the discharge of their federal responsibilities.” Wyoming v.

State, Ex Rel. v. Superior Court of Marion County

202 Ind. 589 · Indiana Supreme Court · Jul 24, 1931

bank be converted into cash, and, after paying expenses incident thereto, they be applied, first, to the payment in full of claims of depositors and creditors of the bank in accordance with their respective equities as established … They are the outgrowth of §18, supra, and of such a character to be properly incorporated into the act of which §18 was a part, and clearly responsive to its title.

Nolan Clayton v. Gregory Smith

113 N.E.3d 693 · Indiana Court of Appeals · Oct 26, 2018

A witness not qualified to offer expert testimony under Evidence Rule 702 may be qualified as a “skilled witness” or “skilled lay observer.” Id. at 922. … It had not been established that Progressive was or was not defendant Clayton’s insurer.

Kline v. Kline

455 N.E.2d 407 · Indiana Court of Appeals · Oct 31, 1983

But in some few cases absence may be a policy, instead of the result of military service, and discretion is vested in the courts to see that the immunities of the Act are not put to such unworthy use." 98 N.E.2d at 511 . … Ind.Rules of Procedure, Trial Rule 53.5 reads in pertinent part: "Upon motion, trial may be postponed or continued in the discretion of the court, and shall be allowed upon a showing of good cause established by affidavit

Perry

District Court, N.D. Indiana · Feb 3, 2026

Specifically, “[a] Rule 59(e) motion will be successful only where the movant clearly establishes ‘(1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence precluded entry of … However, Section 34-13-3-3 does not instill broad immunity, but rather immunity under particular circumstances.

Glenny Cornwell and James Cornwell v. Bloomington Housing Authority (mem. dec.)

Indiana Court of Appeals · Oct 18, 2018

Specifically, Cornwell argues that her visits with her doctor in Fishers, Indiana, where she received substance abuse treatment for opioid addition, qualified as “substance abuse or mental health counseling … Therefore, we conclude the trial court’s decision was not clearly erroneous.

Eldridge v. State

438 N.E.2d 1033 · Indiana Court of Appeals · Aug 19, 1982

Nesi-us and established that Mr. Nesius had known Eldridge and his family for several years. Mr. … The evidence of El-dridge’s guilt was clearly established beyond a reasonable doubt through the testimony of two of the other men who participated in the crimes with which he was charged and the investigating police officers

T.B. v. Indiana Department of Child Services

921 N.E.2d 494 · Indiana Supreme Court · Nov 30, 2009

From the time of her release until March, 2007, Mother had not established suitable housing for her children, had not maintained stable employment, and had not complied with court orders regarding treatment for her drug problem … while the Addendum impermissi-bly interferes with the open adoption statutes' grants of authority to adoption courts and of consent rights to adoptive parents, the colloquy between the trial court, Mother, and her counsel clearly