Case law

Cohoon v. Financial Plans & Strategies, Inc.

760 N.E.2d 190 · Indiana Court of Appeals · Dec 28, 2001

We will not set aside the trial court's findings unless they are clearly erroneous. Id. Findings are. clearly erroneous when the record lacks any facts or reasonable inferences to support them. Id. … We find nothing in the record to suggest this finding was clearly erroneous.

Benson v. State

762 N.E.2d 748 · Indiana Supreme Court · Feb 15, 2002

At the time of the trial court's ruling, the defendant had not established a foundation showing that there had been no substantial changes in the trees, signage, or other possible obstructions to vision. … To qualify as fundamental error, "an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible." Willey v.

Agee v. Hickenbottom

District Court, N.D. Indiana · Aug 16, 2024

Qualified Immunity As noted previously, Plaintiff did not suffer a constitutional violation, and therefore, an analysis of whether Defendants are entitled to qualified … immunity is moot.

Bake v. Smiley

84 Ind. 212 · Indiana Supreme Court · May 15, 1882

and explicitly, and without any necessity for inference or surmise, what evidence was offered and excluded, and what facts it was intended to establish thereby. … So that, in any view of the case, we can not, under the long-established practice of this court, disturb the finding of the trial court on the weight of the evidence.

Indiana Union Traction Co. v. Hiatt

65 Ind. App. 233 · Indiana Court of Appeals · Dec 20, 1916

Appellant likewise extended to such persons an invitation, or gave them a direction, to make known to the operators of such an approaching car their presence and purpose by a signal established and understood by virtue of … If evidence is clearly immaterial, its erroneous admission is, as a general rule, held to be harmless. St. Louis, etc., R. Co. v. Mathias (1875), 50 Ind. *247 65 ; Sparks v. Heritage (1873), 45 Ind. 66 ; Robinson v.

PROFFITT v. JACKSON

District Court, S.D. Indiana · Jan 11, 2022

Proffitt's claims arguing that they are protected under the doctrine of qualified immunity and that he can neither establish a prima facie case of retaliation nor rebut their non-retaliatory justification for his termination … Proffitt's retaliation claims, the Court need not address the defendants' qualified immunity defense.

Government Suppliers Consolidating Services, Inc. v. Bayh

133 F.R.D. 531 · District Court, S.D. Indiana · Jun 20, 1990

The Supreme Court has established a two-tier approach for analyzing cases involving state statutes alleged to violate the Commerce Clause. … The establishment of insurmountable hurdles to the importation of solid waste sounds more like a commerce clause problem than a vagueness problem.

Culver-Union Township Ambulance Service v. Steindler

629 N.E.2d 1231 · Indiana Supreme Court · Mar 7, 1994

It is well-established that § 1983 creates no substantive rights; it merely provides the procedure for enforcing substantive federal rights. Chapman v. … As such, the Estate’s constitutional claim clearly rests on the 14th Amendment to the United States Constitution, which provides: “[N]or shall any state deprive any person of life, liberty, or property, without due process

Adrienne Tyler v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 18, 2015

Tyler has therefore established that the State restricted her expressive activity. See id. … We therefore conclude that Tyler’s expression therefore qualified as political expression.

Turner v. State

258 Ind. 267 · Indiana Supreme Court · Apr 4, 1972

They are also instructed that the state must establish the guilt of a defendant *625 beyond a reasonable doubt. … In such a case the cautionary instruction to the jury is clearly called for and should have been given in my opinion.

Progressive Northern Insurance Co. v. Consolidated Insurance Co.

673 N.E.2d 522 · Indiana Court of Appeals · Nov 26, 1996

Progressive maintains that the clear, unambiguous language of the Colletts’ policy qualifies Simpson as an “insured.” … This case is similar to a permissive user situation which would clearly be covered under the same sections of the policy.”

Bird v. Figel

725 F. Supp. 406 · District Court, N.D. Indiana · Nov 22, 1989

Initially, defendants contend that the weight of the evidence clearly establishes that the suicide watch policy, under which Bird was confined in December, 1987 and February, 1988, was rationally related to a legitimate government … The hypothetical question clearly asked Dr.

Dallaly v. State

916 N.E.2d 945 · Indiana Court of Appeals · Nov 25, 2009

Dallaly has established that the State restricted his expressive activity. See Johnson v. … s otherwise political speech "clearly amounted to an abuse of the right to free speech and thus subjected her to accountability under Seetion 9." Id.

Cooley v. Kelley

52 Ind. App. 687 · Indiana Court of Appeals · Dec 8, 1911

Harper, Jr., was named as executor of the mil, and after qualifying and making final settlement was duly discharged. … This holding is clearly right, for the reason that no interest whatever passed by the will to the trustees.

Gold v. Ishak

720 N.E.2d 1175 · Indiana Court of Appeals · Dec 15, 1999

Lalka opined that although the records did not show what went wrong, something clearly did. Dr. Lalka also stated that the fire was extremely unusual. … The evidence presented at trial clearly shows that Gold has established the elements necessary for the inference of res ipsa loquitur. See Vogler, 624 N.E.2d at *1185 61.

Western Assur. Co., Inc. v. Connors

101 F. Supp. 2d 1111 · District Court, S.D. Indiana · Dec 23, 1999

We found his testimony credible and his credentials well-established. In contrast, Connor/CCG’s expert, Charles Connett, admitted that he is not qualified to appraise the hospital business, nor did he attempt to do so. … Moreover, the revenue multiplier is inherently immune from inflationary pressures since it is a proportion of revenue to sales price — the value of the dollar is irrelevant.

Marriage of Barnett v. Barnett

447 N.E.2d 1172 · Indiana Court of Appeals · Apr 26, 1983

The issue at trial was bitterly contested, and Karen disputed much of the above evidence, or attempted to qualify it. … Clearly, the evidence shows that a substantial and continuing change of circumstances occurred in the lives of both Karen and Larry.

Lindville v. State

3 Ind. 580 · Indiana Supreme Court · Feb 1, 1853

The structure of the statute before us clearly evinces that such has been its history. Taking it as we find it, we must reconcile and give effect to its several provisions, if they can be reconciled and made operative. … It is as though the lawgivers had said, we will reserve the qualified jurisdiction which we mean to confer on the- new Court over felony for a separate section.

Farmers' Loan & Trust Co. v. Chicago & A. Ry. Co.

27 F. 146 · U.S. Circuit Court for the District of Indiana · Apr 8, 1886

Section 2 of article 4 of the constitution ef the United States declares that “the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states.” … A domestic corporation cannot remove from *150 the state; and if the words “a foreign corporation” he read into the statute, they are qualified by the words “bona fide resident,” and it is plain that a foreign corporation

Chicago & Erie Railroad v. Kreig

22 Ind. App. 393 · Indiana Court of Appeals · May 24, 1899

However well the doctrine of the Paramore case may be established, yet the case at bar is not controlled by this doctrine. … The evidence showed intricate and combined means for preventing the emission of fire from the smoke-stacks of locomotives, and the subject-matters of these questions were clearly of such character that a qualified expert