Case law

Wathen v. Allison Engine Co. Div. of Rolls Royce Aerospace Group

102 F. Supp. 2d 1015 · District Court, S.D. Indiana · Jan 18, 2000

Wathen establish the existence of material fact issues necessitating a trial. … However, Wathen clearly admitted to this proposition in her deposition. Q: "Now, you say ‘if you would have got the promotion in 1995.'

Indiana State Board of Tax Commissioners v. Stanadyne, Inc.

435 N.E.2d 278 · Indiana Court of Appeals · May 24, 1982

The shipping of goods to a distribution center at which no retailing is conducted clearly evidences an intent to transship such goods to another destination. … It has long been established that an exemption unclaimed is forever lost.

In the Matter of the Adoption of M.H., W.M. & S.K. v. N.B. & R.B.

15 N.E.3d 612 · Indiana Court of Appeals · Aug 19, 2014

The pressure clearly continued and the decision to stop the adoption was made. … Next, the Appellants challenge the court’s finding related to the financial ability of the Appellees to support M.H., arguing that the children qualify for free lunches, free books, WIC, and Medicaid, that N.B. participates

Archibald v. United Student Aid Funds, Inc. (In Re Archibald)

280 B.R. 222 · United States Bankruptcy Court, S.D. Indiana · Jun 3, 2002

Archibald had the burden of proving that she qualifies for a “hardship discharge.” … At a minimum, the Debtor would have had to establish all the elements of “undue hardship” for the Court to consider such relief.

Bolton v. State

223 Ind. 308 · Indiana Supreme Court · May 2, 1945

He is, therefore, best qualified to determine what credence or consideration should be given to the retraction, and his opinion is accordingly entitled to great weight. … It is too firmly established to_ require the citation of any authorities that the trial court is vested with a wide discretion in passing upon motions for a new trial and that only when it is clearly made to appear that the

Tazian v. Cline

673 N.E.2d 485 · Indiana Court of Appeals · Nov 13, 1996

The law established in precedent is that, "[t]he primary rule in interpreting a deed is that it is to be taken as a whole, with the grantor's intention controlling. … Legler, 245 Ind. 655 , 199 N.E.2d 346 (1964). [4] Because we find the language of the deed to clearly convey a fee simple estate, we decline to consider the public policy issues raised by the Tazians.

Warrick v. Pierce

554 F. Supp. 895 · District Court, S.D. Indiana · Jan 5, 1983

Warrick was rated “Qualified” (R. 521), while Russell was rated “Best Qualified” and selected (R. 519). 58. … To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejections. Id.

Hull v. Central Transport, Inc.

628 F. Supp. 784 · District Court, N.D. Indiana · Feb 18, 1986

Clearly, res judicata prevents the relitigation of this § 301 claim. Therefore, Count I fails as a matter of law. B. … I.C. 22-2-9-2 is clearly concerned with timely and expeditious payment of wages due a discharged employee.

Indiana Office of Utility Consumer Counselor v. Duke Energy Indiana, LLC

Indiana Supreme Court · Dec 19, 2024

accountable branches of government or a judicial branch largely immune from answering to the public? … After all, it’s “frequently in the consideration of mixed questions that the scope of statutory terms is established and their meaning defined.” Loper Bright, 144 S.

Mayberry v. State

670 N.E.2d 1262 · Indiana Supreme Court · Jul 19, 1996

As such, each level of hearsay must qualify under an exception to the hearsay rule. Ind.Evidenee Rule 805. … Similarly, communications which are intended to be made public are not privileged, as there is clearly no expectation of confidentiality. Corll, 646 N.E.2d at 725 (some citations omitted). .

Davis v. State

835 N.E.2d 1102 · Indiana Court of Appeals · Oct 26, 2005

When a defendant alleges that the trial court failed to identify or find a mitigating circumstance, the defendant must establish that the mitigating evidence is both significant and clearly supported by the record. … While Davis presents these factors as mitigators, he has not established their significance.

McCarty v. Purdue University The Trustees of

District Court, N.D. Indiana · Sep 1, 2021

Because she has failed to establish that any exception to Purdue’s sovereign immunity under the Eleventh Amendment applies, Ms. McCarty’s FLSA claim against Purdue must fail. … Under the FLSA, an individual qualifies as an “employer” if she “had supervisory authority over the complaining employee and was responsible in whole or part for the alleged violation.” Riordan v.

Platt v. State

664 N.E.2d 357 · Indiana Court of Appeals · Apr 16, 1996

The law of the case doctrine stands for the proposition that: [Flacts established at one stage of a proceeding, which were part of an issue on which judgment was entered and appeal taken, are unalterably and finally established … Further, it is the challenger's burden to show that the alleged constitutional defects are clearly apparent. Matter of Tina T., 579 N.E.2d 48, 56-57 (Ind.1991) (citation omitted).

Matter of Estate of Garwood

272 Ind. 519 · Indiana Supreme Court · Feb 5, 1980

Garwood, son of the deceased, and Lawrence Sommers, son-in-law of the deceased, qualified as co-executors of the estate. … settlement or family agreement had been reached pursuant to the 1958 probate code, which specifically sets forth the elements necessary to establish such agreement or settlement.

Matthew E. Reust v. State of Indiana

Indiana Court of Appeals · Dec 17, 2019

The Court concluded that inclusion of landscaping work performed at the property where a new home is being constructed “would require this Court to impermissibly rewrite a clearly worded statute to obtain a … SECTION [IV]–COMPLIANCE & PERSONNEL 4.1 Qualified Personnel.

Dominique Laray Davis v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 12, 2020

It’s about whether or not the evidence was sufficient to establish that [Davis] constructively possessed the handgun, as required to establish the offense of carrying a handgun without a license, where … Based on his income, the trial court did not appoint a public defender but found that Davis qualified for the Modest Means program.

Matthys v. Wabash National

799 F. Supp. 2d 891 · District Court, N.D. Indiana · Jun 30, 2011

Such evidence does not establish that Matthys suffered from an FMLA-qualifying, serious health condition. See Ridings v. Riverside Med. … The Court concludes that Matthys has also failed to submit sufficient evidence to establish that she provided Wabash with a probable basis for FMLA-qualifying leave.

Lutheran Hospital of Fort Wayne, Inc. v. Department of Public Welfare

72 Ind. Dec. 715 · Indiana Court of Appeals · Dec 6, 1979

This evidence was sufficient to establish that Hospitals were not conducted for profit. Wayne Twp. v. … By contrast, the evidence here clearly showed the “non-profit” status of appellant Hospitals.

K.S. v. R.S.

657 N.E.2d 157 · Indiana Court of Appeals · Nov 3, 1995

This is not the stuff of which fundamental rights qualifying as liberty interests are made. Id. at 491 U.S. at 125 , 109 S.Ct. at 2344 . … Clearly, the Agreed Entry which established paternity of R.S. over D.S. was a private contract between the parties.

Sayles v. LaPorte County Jail

District Court, N.D. Indiana · Apr 24, 2023

court 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 … In addition, the complaint does not establish a basis for Sayles to recover monetary damages for a violation of the ADA or Rehabilitation Act.