Case law

Cunningham v. Foresters Fin. Servs., Inc.

300 F. Supp. 3d 1004 · District Court, N.D. Indiana · Jan 9, 2018

You have been qualified for a plan that will never expire and premiums that will never go up. Press 1 now. There are no medical exams for this coverage and you can be insured as early as tonight." ( Id. , ¶ 79.) … Requiring more would make defendants "virtually immune to TCPA claims, which clearly is not what was intended by Congress in creating the TCPA." Mauer , 2016 WL 4651395 , at *4 (citation omitted).

Goodwine v. Goodwine

819 N.E.2d 824 · Indiana Court of Appeals · Nov 5, 2004

Challengers must establish that the trial court's findings are clearly erroneous. Id. Findings are clearly erroneous when a review of the record leaves us firmly convinced that a mistake has been made. Id. … The Trust instrument requires the Trustees to pay all "necessary costs and "expenses of the ownership and operation" of the farmland, enumerating a non-inclusive list of qualifying expenses. Appellant's App. p. 11.

Tippecanoe Sanitary Landfill, Inc. v. Board of County Commissioners

455 N.E.2d 971 · Indiana Court of Appeals · Nov 10, 1983

They are the duly elected and qualified members of the Tippecanoe County Board of Commissioners. … Finally, the court stated: "[We are of the opinion that the contract and ordinance assailed are both within the long settled and clearly recognized lines of police power ...

Raquel Walters v. Brittany M. Corder, Matthew T. O'Brien, and Molly L. O'Brien

Indiana Court of Appeals · Apr 8, 2020

If the rules of law and the terms of the trust conflict, the terms of the trust shall control unless the rules of law clearly prohibit or restrict the article which the terms of the trust purport to … The term “children” is not defined in the terms of the trust, and the term is not qualified or restricted in any way (other than requiring the children to be “living”).

YOUNG v. INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT

District Court, S.D. Indiana · Jun 6, 2023

Defendants argue that summary judgment is appropriate because, among other things, IMPD is an improper party to this suit, Detective Kuchta-Drane is shielded by qualified immunity or law enforcement immunity, and Ms. … The Defendants seek summary judgment because, among other things, IMPD is an improper party, Detective Kuchta-Drane is shielded by qualified immunity or law enforcement immunity, and Ms.

Indiana Democratic Party v. Rokita

458 F. Supp. 2d 775 · District Court, S.D. Indiana · Apr 14, 2006

Assuming arguendo that the State was required to empirically substantiate its justification for SEA 483, in our view it has clearly done so. … Clearly, the specific identification requirement imposed by the challenged statute cannot be deemed to be material.”)

In Re Williams

51 B.R. 249 · United States Bankruptcy Court, S.D. Indiana · Jan 24, 1984

The debtors have failed to establish the contingent, unliquidated nature of the SBA’s claim. … Even if the debtors did qualify for Chapter 13 treatment, this Court would reject their plan since it was not proposed in good faith.

Brightwell v. United States

805 F. Supp. 1464 · District Court, S.D. Indiana · Nov 10, 1992

To the extent that the plaintiffs seek to quiet title, this Court clearly has jurisdic *1469 tion. … In this case, there is no clear evidence that ISC intended for there to be no merger, but the circumstances clearly support an inference of such intent.

Continental Casualty Co. v. Novy

437 N.E.2d 1338 · Indiana Court of Appeals · Jun 29, 1982

The Van Bibber defendants cannot overthrow the judgment on the basis of an argument or issue which they never clearly disclosed to the trial court. Health & Hospital Corp. of Marion Cnty. v. … Novy argues that in refusing to pay any indemnity since 1973 Continental has acted in bad faith, thus establishing a basis for an award of punitive damages.

Employee Benefit Managers, Inc. of America v. Indiana Department of Insurance

882 N.E.2d 230 · Indiana Court of Appeals · Mar 12, 2008

A court may only set aside agency action that is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess … According to EBM, these Plan Documents fall exclusively under the supervisory responsibility of the United States Department of Labor, as the plans are established under the Employee Retirement Income Security Act (“ERISA

Royer v. Elkhart City of

District Court, N.D. Indiana · Dec 13, 2022

“To establish a violation of Title II of the ADA, the plaintiff must prove that he is a qualified individual with a disability, that he was denied the benefits of the services, programs, or activities of a public entity … The Moving Defendants do not raise an argument concerning whether Royer is a qualified individual with a disability.

Johnson v. Wysocki

990 N.E.2d 456 · Indiana Supreme Court · Jun 25, 2013

In 1996, the Johnsons established the Barbara A. Johnson Living Trust and deeded the property to the Trust. They lived in the home continually, with William Johnson doing most renovation work that arose. … Tharp, 914 N.E.2d 756, 766 (Ind.2009) (actual knowledge of falsity vitiates qualified privilege for communicating with law enforcement in defamation action); Delta Tau Delta, Beta Alpha Chapter v.

Alisa K. Wright v. A. Lance Wright (mem. dec.)

Indiana Court of Appeals · Sep 28, 2017

He is qualified by his experience and education[] to render an opinion assistive to the Court on business valuation. Mr. … Challengers must establish that the trial court’s findings are clearly erroneous.

Cincinnati Insurance Co. v. Wills

717 N.E.2d 151 · Indiana Supreme Court · Oct 6, 1999

A corporation may not employ qualified practitioners to carry on the business of practicing for it. … The North Carolina statute simply memorialized a doctrine that was already well-established under the law.

Perry v. State

904 N.E.2d 302 · Indiana Court of Appeals · Apr 14, 2009

The impact upon others may qualify as an aggravator in certain cases but "the defendant's actions must have had an impact on ... … That is clearly incorrect, however, inasmuch as voluntary manslaughter is statutorily defined as a crime of violence such that sentencing limitations on single episodes of criminal conduct do not apply.

Clinic for Women, Inc. v. Brizzi

837 N.E.2d 973 · Indiana Supreme Court · Nov 23, 2005

Regardless of one's personal opinion on these issues, the proper resolution of this case is properly grounded on well-established principles of Indiana law. … For example, drivers are required to wear seat belts, Ind.Code § 9-19-10-2 to -2.5; school children must receive immunizations before attending public school, 410 Ind.

Perigo v. State

541 N.E.2d 936 · Indiana Supreme Court · Aug 4, 1989

The Grigsby opinion held that the defendant was entitled to a hearing on whether a death-qualified jury was more likely to convict than a jury selected without regard for juror views on the death penalty, to establish whether … Clearly, one manner in which a person could discover such infidelity is by verbal communication.

Hightshue v. AIG Life Insurance

939 F. Supp. 1350 · District Court, S.D. Indiana · Sep 16, 1996

which he is reasonably qualified by reason of his education, training, or experience.” … Hightshue’s medical records, her respiratory problems clearly antedate the incident of June 9,1992.” Aiken Aff., Ex. B, p. B-313.

Kohn v. Norfolk & Western Railway Co.

966 F. Supp. 789 · District Court, N.D. Indiana · Jun 11, 1997

FELA, by its very terms, applies only to claims brought by employees of a railroad that qualifies as a common carrier under the Act. … The record clearly establishes that Kohn was merely a truck driver who was fatally injured in an accident with a N&W train.

State v. Cummins

171 Ind. 112 · Indiana Supreme Court · Jul 1, 1908

Wherefore relator prayed the issuance of an alternative writ of mandamus, commanding appellees to appoint two qualified members of said denomination to serve as such arbiters. … The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.