Case law

The Trustees of Purdue University v. Vintage Brand, LLC

District Court, N.D. Indiana · May 25, 2021

Magic Touch GmbH, 124 F.3d at 882 (“[T]rademark rights are clearly analogous to property interests.”) “Trademark law, like contract law, confers private rights, which are themselves rights of exclusion.” … Va. 2011) (citing In re Creative Goldsmiths of Washington, D.C., Inc., 119 F.3d 1140, 1148 (4th Cir. 1997) (emphasizing that “well-established principles of sovereign immunity dictate that this waiver be narrowly

RDI/Caesars Riverboat Casino, Inc. v. Conder

896 N.E.2d 1172 · Indiana Court of Appeals · Nov 25, 2008

First, the employee must establish that she has a substantial employment-related connection to a “vessel in navigation[J” Id. … Second, the employee must establish that her duties contributed to the *1175 function of the vessel or the accomplishment of its mission. Id.

Community Bank, FSB v. Stevens Financial Corp.

966 F. Supp. 775 · District Court, N.D. Indiana · Jun 2, 1997

As a result, as set forth above, HomeSide qualifies as the send *783 er or originator of the payment order. … On the second scenario, the payment order from HomeSide to Community Bank does not qualify because the order was clearly sent for Stevens Financial’s benefit and Stevens was the only beneficiary entitled to receive the payment

Rogers v. Municipal City of Elkhart

655 N.E.2d 593 · Indiana Court of Appeals · Sep 26, 1995

Further, this definition would, contrary to the intent of subsection (b), allow annexation of land which is clearly not urban. … On the contrary, to qualify as subdivided, a parcel must meet the requirements of I.C. 36-7-4-700 et. seq.; that is, the parcel must be actually recorded pursuant to a local subdivision control ordinance.

Storen, State Treas. v. Sexton, Marion Co. Treas.

209 Ind. 589 · Indiana Supreme Court · Mar 5, 1936

In the light of its historical background, its purpose is clearly apparent. It is a mutual insurance project, designed to provide immediate funds in lieu of frozen deposits. … It is contended that the act is in conflict with article 1, section 23, of the Constitution of Indiana, which provides that: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities

Baldin v. Calumet National Bank (In Re Baldin)

135 B.R. 586 · United States Bankruptcy Court, N.D. Indiana · Nov 20, 1991

This is clearly not the issue before this Court. … affidavits clearly created a genuine issue of material fact.

CHINS: K W v. Indiana Department of Child Services

Indiana Court of Appeals · Feb 11, 2026

The court overruled Mother’s objection, finding that Nurse Practitioner Beatty qualified as an expert and therefore could base her opinions on the imaging. … A trial court abuses its discretion only if its decision is clearly against the logic and effect of the facts and circumstances before it. Id.

BRODHEAD V. KOKOMO CITY

District Court, S.D. Indiana · Nov 25, 2020

immunity. … City of Chi., 829 F.3d 869, 877 n. 10 (7th Cir. 2016) ("The defendants alternatively argue that we should affirm based on qualified immunity.

Mathis v. United States

917 F. Supp. 595 · District Court, N.D. Indiana · Feb 21, 1996

“Clearly, the estate’s entitlement to a QTIP deduction is not meant to be abrogated simply because making a partial election for a separate interest in the property, i.e., not making a full election as to all interest in … be added to a trust which did not qualify for QTIP treatment. 15 F.3d at 781 .

Pamela Anne Langguth v. Michael Langguth (mem. dec.)

Indiana Court of Appeals · Aug 31, 2020

Memorandum Decision shall not be FILED regarded as precedent or cited before any Aug 31 2020, 8:58 am court except for the purpose of establishing … original). 2 The term “court order acceptable for processing,” used by the United States Office of Personnel Management, is essentially synonymous with what is more commonly referred to in Indiana as a qualified

Benson v. Fort Wayne City of

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

“A public official defendant is entitled to qualified immunity unless two disqualifying criteria are met. … The right to be free from a gratuitous beating following arrest was clearly established by 2016.

Canen v. U.S. Bank National Ass'n

913 F. Supp. 2d 657 · District Court, N.D. Indiana · Dec 14, 2012

The Canens essentially claim that the Defendants misrepresented their ability to qualify for and repay their loan, and I have no idea what the Defendants could do to “make good” on that (alleged) misstatement. … I read these two 2006 decisions as establishing the following rule: when a bankruptcy proceeding is open, - standing principles operate to bar a debtor from pursuing a pre-bankruptcy claim.

ATFH Real Property, LLC v. Stewart

879 N.E.2d 1184 · Indiana Court of Appeals · Jan 31, 2008

Once the moving party has met this burden with a prima facie showing, the burden shifts to the nonmoving party to establish that a genuine issue does in fact exist. Id. … As a necessary step in obtaining 1841 North Bolton, the purchase of the tax lien, even though not resulting in immediate possession, clearly qualifies as an act to obtain possession of that property.

Dahlberg v. Ogle

268 Ind. 30 · Indiana Supreme Court · Mar 9, 1978

The relationship of doctor and patient existed here, and clearly Ogle owed a legal duty towards Mr. Dahlberg to use reasonable medical skill and care in treating him. … These facts regarding the witness’ education, training and experience form an adequate basis for the exercise of judgment by the trial court finding the witness qualified to state his opinion regarding the decision of Deogracias

Johnson v. Noland

District Court, N.D. Indiana · Feb 24, 2025

1915A, I must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … Johnson has not identified any document that qualifies as legal mail.

Yeager v. McManama

874 N.E.2d 629 · Indiana Court of Appeals · Oct 12, 2007

Findings of fact are clearly erroneous when the record lacks any evidence or reasonable inferences from the evidence to support them. Id. The judgment will be reversed if it is clearly erroneous. Id. … Morse and Duran failed to qualify their statements—ie., they remained silent when a duty to speak exists, Rice , 670 N.E.2d at 1284—by advising the Plaintiffs of the actual minimum requirements of the architectural standards

Mudica v. McBride

District Court, N.D. Indiana · Mar 11, 2022

the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief … interpreters, which qualified as a services and/or activities).

G. Kevin Powell v. Estate of Gary Powell

14 N.E.3d 46 · Indiana Court of Appeals · Jul 3, 2014

Clearly there is none. Id. Other courts have also addressed this or a similar situation. In Coleman v. Jackson, 286 F.2d 98 (D.C. … This, in turn, is sufficient to establish the intent to create an estate in joint tenancy with right of survivorship within the meaning of I.C. § 32-17-2-1(c)(2).

Smith v. Indiana State Board of Health

159 Ind. App. 360 · Indiana Court of Appeals · Feb 13, 1974

It is our opinion that since said governmental bodies are not required to give bond and are not immune from suit or liability in a case such as this if they are proved to be wrong, that no error was committed in not requiring … The trial court had the right and duty in a valid exercise of the police power of the State to protect the rights of its citizens by enforcing health standards established by the legislature.

Ben-Yisrayl v. Davis

277 F. Supp. 2d 898 · District Court, N.D. Indiana · Jul 23, 2003

established precedents, or was based upon an unreasonable determination of the facts. … The court went on to explain that a decision by a state court is “contrary to” our clearly established law if it “applies a rule that contradicts the governing law set forth in our cases or if it confronts a set of facts