Case law

Dean Foods Co. v. United Steel Workers of America

911 F. Supp. 1116 · District Court, N.D. Indiana · Dec 29, 1995

The arbitrator conditioned the grievant’s reinstatement on his ability to establish that he was medically fit to resume his former job or a substantially equivalent position. … exceeded his powers by (1) improperly placing the burden of discovering the grievant’s medical condition on the Company; (2) focusing on the phrases “full compensation” and “for time lost” to the exclusion of all other qualifying

Daniel R. Ross v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 31, 2015

If you want an attorney to represent you but cannot afford one, the court will appoint an attorney for you if you qualify. … An abuse of discretion occurs where the decision is clearly against the logic and effect of the facts and circumstances. Id. [13] Probation revocation is a two-step process. Cox v.

Dickey v. Citizens State Bk. of Fairmount

98 Ind. App. 58 · Indiana Court of Appeals · Mar 8, 1932

The principal questions presented by this appeal can more clearly be shown by a brief statement of the facts as set forth in the pleadings. On November 20th, 1928, Benjamin F. … This court is not at liberty to qualify or control such language in a will by conjecture or doubt arising from extraneous facts which might exist.

Resnover v. State

460 N.E.2d 922 · Indiana Supreme Court · Mar 19, 1984

Appellant specifically argues that the circumstance established by Ind. … The fact that testimony is required by a qualified person to identify those speaking in a recording and to explain the jargon or radio codes used does not make the recording inadmissible per se.

Hummel v. St. Joseph County Board of Commissioners

57 F. Supp. 3d 902 · District Court, N.D. Indiana · Sep 29, 2014

To succeed on the merits of a claim under Title II, a plaintiff must establish “(1) that [she] has a qualifying disability; (2) that [she] is being denied the benefits of services, programs, or activities for which the public … Wright must establish “(1) that [she] has a qualifying disability; (2) that [she] is being denied the benefits of services, programs, or activities for which the public entity is responsible, or is otherwise discriminated

Nugent v. Laduke

87 Ind. 482 · Indiana Supreme Court · Nov 15, 1882

(bottom p. 938), it is said that in equity it is established that, “ generally speaking, the executor or administrator can make no valid sale or pledge of the assets as a security for, or in payment of, his own debt; on the … If the complaint, by its averments, does not clearly and directly show that Koons received the note and mortgage as-executor, it does not show that he received them otherwise-than as executor.

POHLE v. ROBERTS, JR.

District Court, S.D. Indiana · May 13, 2020

R 57(H), and therefore clearly a judicial act for which Chief Justice Rush is entitled to absolute judicial immunity. See Stump v. … Because this case is barred on sovereign immunity and absolute judicial immunity grounds, this dismissal is with prejudice.

Cullison v. Medley

570 N.E.2d 27 · Indiana Supreme Court · Apr 23, 1991

We conclude that the evidence presented to the trial court construed in favor of the non-moving party, Cullison, establishes questions of fact which require jury resolution on three of the four counts alleged in Cullison’ … Clearly, Cullison’s complaint properly alleged an actionable count of trespass.

SHIRK v. THE TRUSTEES OF INDIANA UNIVERSITY

District Court, S.D. Indiana · Nov 29, 2022

. § 794 (prohibiting discrimination against an "otherwise qualified individual"). … Sept. 4, 2020)) (anti-discrimination law "does not 'immunize[ ] [the employee] from the consequences of her grossly unprofessional conduct.'

City of Crawfordsville v. Hays

42 Ind. 200 · Indiana Supreme Court · May 15, 1873

These are usually established in different parts of the cities and towns for the convenience of the inhabitants. … The entire town or city constitutes the district, however many different schools may be established.

City of Fort Wayne v. Cameron

53 Ind. Dec. 92 · Indiana Court of Appeals · Jun 15, 1976

Following the decision in Aaron , which re-established the common law basis of liability and determined the statute to be procedural, the Court in Galbreath v. … The Court reiterated the principle that when one seeks the benefit of a statute, he must bring himself clearly within its terms.

Hawkins v. Marion County Board of Review

182 Ind. App. 205 · Indiana Court of Appeals · Sep 25, 1979

In March, 1977, the Hawkins attempted to file an affidavit of mortgage indebtedness with Forestal, the County Auditor, in order to qualify them for the mortgage tax deduction authorized by Ind. Code 6-1.1-12-1. … The Hawkins contend that, in order to establish whether a conditional vendee is entitled to a mortgage exemption, it is necessary first to determine whether such vendee is one who “owns real property” within the meaning of

Greencastle Township v. Black

5 Ind. 557 · Indiana Supreme Court · Dec 12, 1854

The admissions of the township, the party in interest, can not be qualified by the answer of Kercheval, who is only her agent in collecting the taxes. … The words “ uniform and equal rate of assessment and taxation,” and “ all property, both real and personal,” clearly refer to general assessments to be made for the state at large.

Matthew Pavlovich v. State of Indiana

6 N.E.3d 969 · Indiana Court of Appeals · Mar 28, 2014

Taken together, this evidence establishes a reasonable probability that the messages at issue were written by Pavlovich. … Clearly, because there is sufficient evidence to authenticate the messages as having been written by Pavlovich, they qualify as non-hearsay statements by a party-opponent under Indiana Evidence Rule 801(d)(2). 7 The messages

Kenworth of Indianapolis, Inc. v. Seventy-Seven Limited, Convey All, LLC, Keller Trucking, Inc., K&K Aggregate, Inc., Huber Transport, LLC, Triple H Trucking, LLC, and Custom Hauling, Inc.

112 N.E.3d 1106 · Indiana Court of Appeals · Sep 28, 2018

[12] The overarching question in this appeal is whether the Defendants have established as a matter of law that the Plaintiffs’ complaint was untimely filed. … Vol. 2 at 6, which suggests that extended factual development may be required to establish the accrual date for each Plaintiff.

Indiana & Michigan Electric Co. v. City of Anderson

176 Ind. App. 410 · Indiana Court of Appeals · May 17, 1978

The “six-mile” authority on which Anderson relies is clearly established by two statutes. IND. … 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. 4 . Ind.

Newland Resources, LLC v. Branham Corp.

918 N.E.2d 763 · Indiana Court of Appeals · Dec 31, 2009

The evidence establishes that the Town of Whitestown paid BCU $4,200,000.00 pursuant to The Whitestown Purchase Agreement, an agreement that also established Whites-town would assume the obligations of BCU to Valenti pursuant … or harmful error, to grant a new trial on a motion to correct error if the court determines that the jury verdict is 'against the weight of the evidence," and to enter judgment if it determines that the jury verdict is 'clearly

Federal Trade Commission v. Think Achievement Corp.

144 F. Supp. 2d 993 · District Court, N.D. Indiana · Sep 29, 2000

Indeed, [a]n advertiser’s good faith does not immunize it from responsibility for its misrepresentations .... … FTC, 291 F.2d 838 , 840 (7th Cir.1961), cert, denied, 368 U.S. 952 , 82 S.Ct. 395 , 7 L.Ed.2d 386 (1962) (advertising of a “lifetime guarantee” on watches without clearly disclosing that a service charge was required for

Cornett v. Johnson

571 N.E.2d 572 · Indiana Court of Appeals · May 22, 1991

Clearly, Judge Pictor was not testifying as a character witness. Thus, the question is whether he was lending the prestige of his office to advance the private interests of others. … I further know of no law, statute, or rule which grants him immunity from testifying on this subject when under oath.

Browning & Herdrich Oil Co., Inc. v. Hall

489 N.E.2d 988 · Indiana Court of Appeals · Mar 12, 1986

When reviewing a case in which the trial court has made findings of fact and conclusions of law, an appellate court will not set aside the trial court's judgment unless it is clearly erroneous. Ind. … CODE 32-4-1.5 a joint bank account does not qualify as a common law gift because the donor does not surrender dominion. Browning attempts to escape the rather obvious consequences of IND.