Case law

Local Union No. 1423, Glaziers, Affiliate of Painters, Decorators, & Paperhangers of America v. P. P. G. Industries, Inc.

378 F. Supp. 991 · District Court, N.D. Indiana · Jun 12, 1974

Clearly, any arbitration order would not bind the Iron Workers because they are not party to the local agreement. … Certain material facts remain which were not contested by the parties but which have not been clearly established.

Heifner v. United States

District Court, N.D. Indiana · Jul 20, 2020

Ex. 1, pp. 2-3, 7-12, 17-18). 14 establish claim). … Clearly, Heifner failed to assert any claim related to the 2015 surgery and the United States was without knowledge of the same.

Pike v. Caldera

188 F.R.D. 519 · District Court, S.D. Indiana · Sep 7, 1999

Strode was, in an objective sense, highly qualified for the position. … Strode appeared qualified for the job to a selecting official. Evidence that showed a selecting official would not think Ms. Strode was qualified for the job would be responsive.

Coates v. State

534 N.E.2d 1087 · Indiana Supreme Court · Mar 8, 1989

Witnesses in criminal actions can qualify for payment of certain expenses. See Ind.Code § 33-19-1-5 (1987). … The sentences imposed here do not qualify for revision by this Court. 15.

Johnson v. Wabash County

181 Ind. App. 281 · Indiana Court of Appeals · Jul 9, 1979

The court held that the plaintiff, having failed to qualify under IC 11-5-4-3 by proving that she performed “like work” of the deputy, was precluded from any recovery. … A belated jury request clearly falls within the language of this Rule. Certainly TR 38 is not among those Rules excluded from its provisions.

Ray v. State

846 N.E.2d 1064 · Indiana Court of Appeals · May 10, 2006

prove this crime, the State must prove that on or about June 11, 2004, in Grant County, State of Indiana [Ray]: (1) knowingly or intentionally; (2) possessed a firearm; (3) and at the time he possessed the firearm he had a qualifying … Initially, we observe, "evidence of prior convictions is generally inadmissible because such evidence 'has no tendency to establish the guilt or innocence of the accused.'" Bayes v.

O'Brien v. Knotts

165 Ind. 308 · Indiana Supreme Court · Oct 11, 1905

The widow, Margaret, was named as executrix, but she never qualified. Said widow elected to take her rights in the estate under the law, and not under the will. … (b) The second finding objected to, to wit, the existence of a parol contract of sale between the mother and children, is not so clearly established.

Keith L. Caldwell v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 5, 2019

Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 05 2019, 6:35 am court except for the purpose of establishing … “The error claimed must either ‘make[ ] a fair trial impossible’ or constitute ‘clearly blatant violations of basic and elementary principles of due process.’” Id. (quoting Clark v.

Coolman v. Robinson

452 F. Supp. 1324 · District Court, N.D. Indiana · Jun 20, 1978

Section 1343(3) and is authorized by Title 42, Section 1983 of the United States Code in that plaintiff sues to redress the deprivation, under color of the laws and statutes of the State of Indiana, of rights, privileges and immunities … Denying the plaintiff a license to sell alcoholic beverages because of his inability to satisfy a durational residency requirement is clearly and substantially different than denying a person the basic necessities of life

Ramer v. Smith

896 N.E.2d 563 · Indiana Court of Appeals · Nov 17, 2008

The rule regarding conveyances of real estate to husband and wife is well established in this state. See Simons v. Bollinger, 154 Ind. 83, 86 , 56 N.E. 23, 24 (1900). … Where the deed conveying property to a husband and wife contains no qualifying words, the grantees take and hold the estate as tenants by the entirety. Richards v.

In the Matter of M.C. and D.M. (Minor Children), Children in Need of Services, and P.C. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Oct 4, 2017

“A judgment is clearly erroneous if it relies on an incorrect legal standard.” Id. at 1002. … Mother objected on the basis that Alderman was “not qualified to speak on that,” “was not inside the house,” and “does not know the people who have come and gone.” Id.

Eskridge v. State

258 Ind. 363 · Indiana Supreme Court · Apr 21, 1972

First is that neither Officer Brenton nor Mukes, the testifying officers, were qualified to testify as experts regarding the nature and possible uses of the drug apparatus dropped by the appellant. … The answer is clearly no because such a waiver rule did not exist until it was created in this opinion.

Stone v. Manship

505 N.E.2d 155 · Indiana Court of Appeals · Mar 25, 1987

Stone argues this section does not apply to him because "[ujnder the arrangement established by the appellee, the appellant was not an employee or other person under the terms of IC 16-6-8-4(b)(8) above. … Thus, the fact Manship was Stone's employee cannot support Stone's argument he does not qualify under this section.

Palace Bar, Inc. v. Fearnot

376 N.E.2d 1159 · Indiana Court of Appeals · Apr 19, 1978

Defendants persuasively argue that a shareholders' immunity from personal liability is based upon the concept that the corporation is a separate legal entity, distinct from its shareholders. … Such immunity is a fundamental principle in the general law governing corporations and is one of the basic incentives for incorporating.

Agav Properties, Avrohem Tkatch, and Elisheva Tkatch v. The City of South Bend and The South Bend Fire Department

Indiana Court of Appeals · May 23, 2014

Although qualified to generally inspect the premises for fire hazards,3 there is no indication that Captain Fleming is or was at the time an electrical inspector. … And the Plaintiffs present no argument that the trial court erred in its immunity determination.

Bayes v. Isenberg

429 N.E.2d 654 · Indiana Court of Appeals · Dec 29, 1981

The Court of Appeals may not set aside the judgment of the trial court unless it is clearly erroneous; furthermore, we will affirm the judgment of the trial court if it can be sustained by any legal theory supported by the … It is true that property owned as an estate by entireties is immune to seizure and satisfaction of the individual debts of either husband or wife. Union Bank and Trust, supra; Myler v.

Evansville Courier & Press and Rita Ward v. Vanderburgh County Health Department

17 N.E.3d 922 · Indiana Supreme Court · Oct 7, 2014

Finally, upon request of a qualifying individual, the “local health officer shall provide a certification of birth, death, or stillbirth registration.” Ind. Code § 16-37-1-8(a) (2008). … requiring the retention of a permanent record of deaths by all health departments in Indiana, including the County Health Department pursuant to I.C. [§] 16-37-3-9, clearly

Flores v. Smith

District Court, N.D. Indiana · Sep 14, 2022

Qualified Immunity Finally, the Defendants argue that the individual officers are entitled to qualified immunity. … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Rivas-Villegas v. Cortesluna, 142 S.

Stewart v. Stewart

521 N.E.2d 956 · Indiana Court of Appeals · Apr 20, 1988

Baker ran a complete blood count and a test on Thomas' immune system. These tests were essentially normal. Although Thomas does not have AIDS, Dr. … "The facts in the instant case clearly showed the Thompsons did not live in Indiana.

BOARD OF MEDICAL REGISTRATION, ETC. v. Turner

241 Ind. 73 · Indiana Supreme Court · Jul 1, 1960

If appellant had cause previously to invoke Rule 1-13, it is our opinion that appellant waived its right to claim the benefit of such rule, as the record shows clearly appellant voluntarily filed his suggested findings and … December 1, 1954; and (b) did appellee continue to practice in Indiana during that period; and (c) the question raised by appellee as to whether said statute requires practice in Indiana or does practice any other place qualify