Case law

Shonika Vashae Drones v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jan 24, 2020

The record clearly indicates that Drones and her boyfriend transported M.H. … See Indiana Evidence Rule 104(a) (“The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible.

Golden Years Homestead, Inc. v. Buckland

466 F. Supp. 2d 1059 · District Court, S.D. Indiana · Dec 11, 2006

There is no evidence to establish a genuine factual issue regarding the fact that Defendants conducted themselves according to federal and state regulations, CMS rules, and established principles of documentation. … Clearly, these claims cannot survive.

Indiana Department of State Revenue v. Bethlehem Steel Corp.

639 N.E.2d 264 · Indiana Supreme Court · Aug 19, 1994

Indiana Dep't of State Revenue (1989), Ind., 534 N.E.2d 715 (applying clearly erroneous standard to case tried on merits). III. … Under § however, even companies without taxable income could benefit from qualifying investments because they could sell the tax benefits to companies having taxable income. .

Mapes v. IBJ Media Holdings LLC

District Court, N.D. Indiana · Sep 16, 2025

The motion establishes that Mr. Mapes is unable to prepay the filing fee. … The ADA specifically includes an exhaustive list of private entities that qualify as public accommodations. See 42 U.S.C. § 12181.

Lopez v. Swift

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

[A] court may dismiss a claim as factually frivolous only if the facts alleged are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional. … Only “genuine emergencies” qualify as a basis for circumventing § 1915(g). Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. 2002). Here, nothing in Mr.

PARRISH v. MILLER

District Court, S.D. Indiana · Jun 4, 2025

To state a failure to accommodate claim under the ADA, the Parrishes must allege they were qualified individuals with a disability and that Defendants were aware of their disability yet failed to provide an accommodation … As to the remaining claims, "[u]nder established abstention doctrines, however, a federal court may, and often must, decline to exercise its jurisdiction where doing so would intrude upon the independence of the state

Murdock Construction Management, Inc. v. Eastern Star Missionary Baptist Church, Inc.

766 N.E.2d 759 · Indiana Court of Appeals · Apr 25, 2002

Once established, the burden then shifts to the nonmovant to respond with specifically designated facts that establish the existence of a genuine issue for trial. Id. … Yarnelle establishing that supervisory services are not lienable. In Ward v.

Ks v. Rs

657 N.E.2d 157 · Indiana Court of Appeals · Feb 14, 1996

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.

Dontaye Singletary v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 31, 2015

She denied any involvement in the shooting but later agreed to give a statement to police in exchange for immunity. … An abuse of discretion occurs if the trial court’s decision is “clearly against the logic and effect of the facts and circumstances before the court, or if the court has misinterpreted the law.”

Jim Barna Log Systems Midwest, Inc. v. General Casualty Insurance Co. of Wisconsin

791 N.E.2d 816 · Indiana Court of Appeals · Jul 17, 2003

The defendants intentionally, fraudulently, and recklessly misrepresented that Myers was a qualified, competent, bonded and in *821 sured log home builder with years of experience as a log home builder and contractor. 29. … If the pleadings reveal that a claim is clearly excluded under the policy, then no defense is required. Id.

Wood v. State ex rel. Seiler

155 Ind. 1 · Indiana Supreme Court · May 11, 1900

It will not do to say, as seems to be contended, that the right must be held in abeyance until the facts essential to its support have been first established before some proper officer or tribunal. … Before he will be entitled to a peremptory writ he will be required to prove clearly the existence of both these facts.

Lovko v. Lovko

179 Ind. App. 1 · Indiana Court of Appeals · Dec 29, 1978

Lovko as an expert witness, the trial court possesses wide discretion in determining if a witness is qualified to testify as an expert, Snow v. … This case is clearly distinguishable from Husband’s cited case of Indiana Union Traction Company v.

Michael L. Bowling v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 30, 2015

The appellate court must accept the post-conviction court’s findings of fact and may reverse only if the findings are clearly erroneous. Id. … decided two years after Bowling’s guilty plea, holding that where the intermediate step is so near the end of the manufacturing process that the final product is present in the chemical compound, that substance qualifies

Doe

District Court, N.D. Indiana · Oct 15, 2025

In particular, in that opinion and order, the Court recognized the City’s “immunity for discretionary training, supervision, and retention of police officers” and immunity for any of Plaintiff’s allegations against the … and telephone number of each witness who will testify regarding the denial or qualified response.”

Cassidy v. Indiana State Board of Registration & Examination in Optometry

244 Ind. 137 · Indiana Supreme Court · Jun 26, 1963

“That by the use of signs and a newspaper advertisement in the November 31, 1960 issue of the Chesterton Tribune and the October 31, 1960 issue of the Portage News, Plaintiff held himself out as qualified for the practice … But can it be said that a lawyer, whose office space adjoins the offices of a bank or loan association which advertises its business, with most of his busi *149 ness being related to that establishment, is thereby guilty

Wilson

District Court, N.D. Indiana · Mar 4, 2026

or qualified immunity from Wilson’s 42 U.S.C. § 1983 claims; and (2) the failure-to-intervene 3 claim in Count 5 (id. at 27-31, 41-42, 44). … In doing so, Judge Collins afforded Defendants leave to file a revised summary judgment motion whether Hutter and Brelje are entitled to absolute immunity or qualified immunity from Wilson’s § 1983 claims.

Whitfield v. Wren

14 N.E.3d 792 · Indiana Court of Appeals · Jul 30, 2014

summary judgment as a matter of law unless the plaintiff can establish, by expert testimony, a genuine issue of material fact for trial. … The court also granted by separate order a motion to exclude the expert testimony of Plaintiffs' expert, on grounds that he was not properly qualified to offer expert medical testimony. 951 N.E.2d at 859-860 . .

Term. of the Parent-Child Rel. of: D.T., (Minor Child), and T.S. (Father) v. The Indiana Dept. of Child Services

981 N.E.2d 1221 · Indiana Court of Appeals · Jan 25, 2013

It is well established that both the private interests and the State interests are substantial in termination cases. See id.; In re A.L.H., 774 N.E.2d 896, 900-01 (Ind. Ct. App. 2002). … Section 31-32-3-11 could have applied to Father, but the wording clearly indicates that appointment of a GAL under that section is discretionary, and for the reasons outlined above, we do not believe the court was required

Taifa v. Bayh

846 F. Supp. 723 · District Court, N.D. Indiana · Feb 11, 1994

Clearly, the Agreed Entry represents an outcome at least comparable, if not far superior, to that which plaintiffs might achieve by proceeding to trial. … Kashani are well-qualified for their role as class counsel in this litigation.

Madison County Assessor v. Kohl's Indiana LP

Indiana Tax Court · Aug 22, 2025

These requirements, the Board concludes, are satisfied by “[a]n appraisal from a qualified appraiser” that is USPAP- compliant unless the appraisal is “shown to be inconsistent with the evidence or the requirements of … The Board’s two-prong test for establishing a prima facie case results in the improper establishment of a per-se rule and is thus overly narrow. Appraisals, like books, cannot be judged by their covers.