Case law

Roehl Transport, Inc. v. Indiana Department of State Revenue

653 N.E.2d 539 · Indiana Tax Court · Jul 10, 1995

Such a use is directly analogous to the 34 enumerated uses set forth in subsection (b) of Rule 45 IAC. 13-4-7 and qualifies Roehl for the “exemption” under 45 IAC. 13-4-7(d). … THE COMMERCE CLAUSE In 1977, the United States Supreme Court expressly rejected the view that interstate commerce is immune from state taxation. See Complete Auto Transit, Inc. v.

Bechtelheimer v. State

54 Ind. 128 · Indiana Supreme Court · Nov 15, 1876

The allegations made bring the case clearly within the language of the statute on which the count is based, and that is sufficient. … The legislature evidently did not intend to establish any such theory in the criminal law.

Burrell v. Lewis

743 N.E.2d 1207 · Indiana Court of Appeals · Feb 28, 2001

Applying a less stringent standard of review with respect to showings of reversible error, we may reverse the lower court if the appellant can establish prima facie error. Fisher v. Board of Sch. … We noted in that case the trial court "clearly had jurisdiction over the visitation issue" despite the father's pending bankruptey. Reich, 605 N.E.2d at 1183 .

Dowdell v. City of Jeffersonville

907 N.E.2d 559 · Indiana Court of Appeals · Jun 9, 2009

The "Sex Offender" shall provide proof that he or she has a [qualify ing family member]. This proof shall include their age, sex and relationship to the "Sex Offender". … Thus, this first factor clearly favors treating the effects of the Ordinance as punitive when applied to Dowdell. 6 2.

Behavioral Health and Human Services Licensing Board, Kimble L. Richardson, George Brenner, Andrew Harner, Geneva Osawe, Rex Stockton, Carla Gaff-Clark, and The State of Indiana v. Elaine Williams

Indiana Court of Appeals · Mar 18, 2014

See Tr. p. 59 (“As I read the record and from my finding[s] it’s obvious I mean I, I thought there was evidence from which boundaries violations could clearly be established. … The record herein established that Patient A suffered from Dissociative Identity Disorder, Posttraumatic Stress Disorder, Depression, and Schizophrenia.

Enviroplan, Inc. v. Western Farmers Electric Cooperative

900 F. Supp. 1055 · District Court, S.D. Indiana · Sep 19, 1995

Whatever sufficiency the first visit may have lacked, we believe the second visit in December 1993 clearly establishes minimum contacts. … Accordingly, Defendant has not borne its burden of establishing that the Western District of Oklahoma would be clearly more convenient. VI.

TRW Vehicle Safety Systems, Inc. v. Moore

936 N.E.2d 201 · Indiana Supreme Court · Oct 13, 2010

During her cross-examination, when it was established that she is not a medical doctor, the plaintiff successfully challenged her qualifi- cations to testify as to the cause of injury. … Neither TRW nor Ford has convinced us that the trial court's rulings limiting Pearson's testimony were clearly erroneous.

GTE North Inc. v. McCarty

978 F. Supp. 827 · District Court, N.D. Indiana · Sep 5, 1997

Clearly, the Act does not contemplate that. … As discussed herein, the answer is clearly no.

ATES

District Court, S.D. Indiana · Dec 5, 2025

Ates further argues that he does not need a medical expert to establish causation because his COVID-19 positive test established that he had contracted COVID-19. … Wurcel is not qualified to offer such opinion. Specifically, "Dr.

Decker v. State

426 N.E.2d 151 · Indiana Court of Appeals · Sep 30, 1981

We believe it is this most recent, specific expression of the Legislature’s intent which is controlling in the instant case, and that such expression clearly anticipates that any condemnor, including the State, must make … the issue, if raised, of whether a good faith offer was made may customarily be disposed of by the State by a request for summary judgment accompanied by an affidavit representing the offer was based on an appraisal by a qualified

Kiracofe v. Reid Memorial Hospital

461 N.E.2d 1134 · Indiana Court of Appeals · Apr 11, 1984

Upon the facts of this case, the actions of the hospital clearly were not arbitrary, capricious, or unreasonable. Good reason for the termination of hospital privileges clearly was shown. Further, Dr. … It constitutes a virtual monopoly in the area in which it functions and it is in no position to claim immunity from public supervision and control because of its allegedly private nature.

McCormick v. Goebel

District Court, N.D. Indiana · May 6, 2020

Defendants invoking quasi-judicial immunity bear the burden of establishing their entitlement to it. Schneider, 366 F. App’x at 686. … Thus, like qualified immunity, it will often be premature to resolve that defense at the pleading stage. Id.; Williams v. Ind. Dep’t of Child Servs., No. 2:17-cv-164, 2019 WL 3003906, at *3 (N.D. Ind.

Gilday & Associates, P.C. v. Marion County Assessor

Indiana Tax Court · May 20, 2024

J. at 11-13 with Hr’g Tr. at 55-58.) 5 Gilday claims its appeals were initiated under Indiana Code Section 6-1.1-15-12.1; yet, the Forms 130 clearly indicate that all four appeals were actually filed under Indiana Code Section … Gilday has provided no evidence to establish such a status.

State ex rel. Colbert v. Wheeler

172 Ind. 578 · Indiana Supreme Court · Jul 2, 1909

. * * * The result of the authorities in England and in other states clearly is, that, at common law, whenever a general statute is misrecited, or its existence denied, the question is to be tried and determined by the court … Counsel for relator, however, insists that oral testimony is admissible to establish the allegation that said bill was vetoed.

Paternity of C.S.: M.R. v. R.S.

964 N.E.2d 879 · Indiana Court of Appeals · Mar 19, 2012

Also, as the trial court concludes, such a change is clearly in C.S.’s best interests. 2. … Some states have explicitly stated this qualifier. See e.g., Ga.

Anderson v. United States Equal Employment Opportunity Commission

District Court, N.D. Indiana · Aug 9, 2022

Anderson’s information establishes that she is financially qualified to file without payment of the fee, but her complaint does not pass muster when subjected to the associated review of its merits. … (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.”

New Welton Homes v. Eckman

786 N.E.2d 1172 · Indiana Court of Appeals · Apr 24, 2003

Further, it is well-established in Indiana that, while not favored, contractual limitations shortening the time to com-menee suit are valid, at least so long as a reasonable time is afforded. See Summers v. … propounded by the California Court of Appeals in Moreno, "[if a legislated limitations period must yield to a judicially created delayed discovery rule, how can it be argued a contractually agreed limitations period is immune

State ex rel. Cornwell v. Allen

21 Ind. 516 · Indiana Supreme Court · Nov 15, 1863

Allen, was duly elected Auditor of Vigo county, Indiana, in October, 1859; and that, after said election, he duly qualified, and entered upon the duties of the office, and continued to discharge the same till the 1st of August … If public policy should have anything to do in establishing the principle of decision touching the discharge of their duties by public officers, that policy would require that they *524 should be held to a strict, not a lax

In re August, 1993 Regular Grand Jury

854 F. Supp. 1403 · District Court, S.D. Indiana · May 10, 1994

Thus, even assuming the records in Exhibit C qualify as “new evidence” to trigger reconsideration of the prior order, rather than supporting the Government’s motion they defend the court’s decision in [Corporation] Grand … Presumably the Government expects the court to look at the sheet, notice the amount charged each patient, and conclude that the only way to establish overbilling occurred is to allow the Government to procure notes of counseling

Crowder v. Reed

80 Ind. 1 · Indiana Supreme Court · Nov 15, 1881

Whether he was or was not such agent, was a question for the jury, for there was some evidence, at least, tending to establish that fact. … The part of the instruction, which addresses the general rule to the particular case, is clearly erroneous.