Case law

Garman v. United States Postal Service

509 F. Supp. 507 · District Court, N.D. Indiana · Mar 16, 1981

Plaintiff has been given ninety (90) days from February 25, 1981 in which to qualify on the “scheme.” How long it takes plaintiff to pass depends on how fast plaintiff can learn the scheme. … The infringement of plaintiff’s alleged religious First Amendment rights is clearly justified by the compelling interests of the Postal Service and the public.

Ronco v. State

840 N.E.2d 368 · Indiana Court of Appeals · Jan 12, 2006

The trial court met with the attorneys and told them about the question and stated to them that the answer to the question was "clearly an or." … A trial court abuses its discretion when its decision is clearly against the logic and effect of the facts and cireum-stances before it. Id.

Indiana Law Enforcement Training Board v. Theodore D. Comer, Sr. (mem. dec.)

26 N.E.3d 57 · Indiana Court of Appeals · Jan 28, 2015

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 … of Appeals of Indiana | Memorandum Decision 22A01-1407-MI-321 | January 28, 2015 Page 8 of 14  honorable discharge (which was false), are all factors that individually and jointly clearly

In the Matter of A.C. and P.C., Children in Need of Services, K.C. and R.C. (Parents) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jun 5, 2020

FILED this Memorandum Decision shall not be Jun 05 2020, 8:25 am regarded as precedent or cited before any court except for the purpose of establishing … That there is a lack of immunizations for [Child P.C.]. 8. Father has a sporadic work history. 9. Mother has a sporadic work history. 10.

Howell v. State

859 N.E.2d 677 · Indiana Court of Appeals · Dec 27, 2006

An abuse of discretion occurs if "the decision is clearly against the logic and effect of the facts and cireumstances." Pierce v. State, 705 N.E.2d 173, 175 (Ind.1998). … Although the trial court's use of Howell's prior convictions as an aggravating factor did not violate Blakely, Howell also argues that her criminal history did not qualify as a significant aggravator.

Davis v. Ingersoll Johnson Steel Co.

628 F. Supp. 25 · District Court, S.D. Indiana · Jun 28, 1985

If the plaintiff is successful in establishing a prima facie case, a rebuttable presumption of discrimination arises and the defendant then has the burden of articulating lawful reasons for the discharge. Id. at 1409 . … Not only is this direct evidence highly suggestive that age was a determining factor in the decision to terminate Davis, but Davis has otherwise clearly met his burden of proving age discrimination under the McDonnell Douglas

Morris v. State

936 N.E.2d 354 · Indiana Court of Appeals · Nov 12, 2010

And when faced with an ambiguous statute, other well-established rules of statutory construction are applicable. … As Morris notes, in 2001, "the legislature modified a number of other statutes that opened up community corrections eligibility to offenders that had not previously qualified." (Appellant's Br. at 7.)

Stinson v. State

262 Ind. 189 · Indiana Supreme Court · Jul 22, 1974

Again this witness was skillfully cross-examined and his lack of certainty clearly demonstrated to the jury. … It was further established that Tyler would hot be called as a witness for the State in appellant’s trial, and it was conceded by the State that Tyler had made statements on the tapes to the effect that Oxford was on the

Methodist Hospital v. Indiana Family & Social Services Administration

860 F. Supp. 1309 · District Court, N.D. Indiana · Jul 8, 1994

To qualify for federal funds, a state must submit a plan for medical assistance to the Secretary of HHS which complies with the requirements outlined in 42 U.S.C. § 1396a(a). … Clearly, Medicaid recipients are the intended beneficiaries of this section, and the section does not provide a right enforceable to Medicaid providers, such as Plaintiffs in this action.

Peter & Burghard Stone Co. v. Marion National Bank

198 Ind. 581 · Indiana Supreme Court · Oct 5, 1926

Klausmann died, and after having been appointed and qualified as administratrix of his estate, his widow was substituted in his place, and is one of the appellants herein. … This contract shall not be binding upon the subcontractor until it is clearly established by the owner and the contractor that in the event of failure on the part of the contractor to make payments, when due, the right of

Bunch v. Tiwari

711 N.E.2d 844 · Indiana Court of Appeals · Apr 27, 1999

Clearly, a personal interview to ascertain additional facts not readily apparent in the medical records, particularly in light of the factual dispute regarding informed consent, was the type of information Dr. … Thirdly, while Trial Rule 56(E) mandates that affidavits be made on personal knowledge, this does not mean that a physician who qualifies as an expert must obtain his knowledge based solely on first-hand experience.

TINDER, PROS. ATTY. v. Music Op. Inc.

237 Ind. 33 · Indiana Supreme Court · May 2, 1957

1, §23), is primarily for the legislature and does not become a judicial question unless it clearly appears that the legislative classification is not based on substantial distinctions with reference to the subject-matter … “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.” Art 1, §23. .

In Re Marriage of Huss

888 N.E.2d 1238 · Indiana Supreme Court · Jun 26, 2008

A challenger must show that the trial court's findings are clearly erroneous. Id. … A reasonable trier of fact could conclude that the judgment was established by clear and convincing evidence. Id. at 288.

Wanda Roberts v. Anthony W. Henson

72 N.E.3d 1019 · Indiana Court of Appeals · Apr 18, 2017

There is the possibility that it could qualify as a “large shed for the housing of vehicles,” given that the plans indicate the garage area of the building was to take up approximately three-quarters of the … [19] Henson’s claim of ambiguity is based largely on several cases he cites from other jurisdictions, which he asserts establish that a residential covenant height restriction of “one-and-one-half stories

Bell v. Trustees of Purdue University

761 F. Supp. 1360 · District Court, N.D. Indiana · Apr 2, 1991

not clearly foreshadowed. … Plaintiffs urge this court to recognize that “Betts clearly established a new principle of law by transforming what had been an affirmative defense into an element of an employee’s prima facie case.” Mitchell v.

In re the City of Fort Wayne's Petition to Establish a Conservancy District

484 N.E.2d 584 · Indiana Court of Appeals · Oct 23, 1985

limits of Fort Wayne, Indiana each representing one (1) commissioner district and two (2) directors who are residents of the county with one residing in the land area comprising the Lower Maumee Basin and one at large having qualified … Applying the law of IC 18-3-8-80 to the unrefuted, prima facie facts found by the Commission, the trial court was clearly erroneous in establishing a conservancy district within the Ft. Wayne corporate limits.

Kaiser v. Johnson & Johnson & Ethicon, Inc.

334 F. Supp. 3d 923 · District Court, N.D. Indiana · Aug 8, 2018

Absent controlling precedent extending PLIVA and Bartlett beyond the confines of generic drug labeling, I cannot find that medical device manufacturers like Ethicon are immune from state tort liability simply because their … Specifically, Ethicon claims that it was prejudicial error to exclude its proposed qualifier "not commonly known" in Instruction 20 as to Mrs.

Barringer v. Guilford School Township

100 Ind. App. 445 · Indiana Court of Appeals · Mar 11, 1935

the demurrer to appellant’s amended complaint, which in substance is as follows: That the appellant is a duly licensed and practicing professional engineer and architect of the State of Indiana, and the appellee is a duly established … These cases are clearly not in point.

Walker v. Ferguson (In Re Import & Mini Car Parts, Ltd.)

136 B.R. 178 · United States Bankruptcy Court, N.D. Indiana · Apr 8, 1991

Walker is currently serving as the duly appointed and qualified trustee of this Chapter 7 bankruptcy estate. … The distributive scheme established by § 726 is not graven in stone.

Antonio L. Chandler v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 27, 2015

We will find that a trial court has abused its discretion when its decision is “‘clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual … Prior to July 1, 2014, Chandler’s offense would have qualified as a Class D felony, which carried a maximum sentence of three (3) years. I.C. § 35-50-2-7.