Case law

Peare v. McFarland

577 F. Supp. 791 · District Court, N.D. Indiana · Jan 6, 1984

The plain meaning of § (A)(i) conclusively establishes Congress’ intent. … Congress clearly intended an offset for most Social Security pension payments and the Secretary’s interpretation to that effect (and Indiana’s conforming interpretation of § (A)(i)) is therefore valid and correct.

Green v. State

676 N.E.2d 755 · Indiana Court of Appeals · Jan 30, 1996

As Shadwick, supra, makes clear, neutrality and detachment clearly entail severance from law enforcement. … Such clearly is not the law. Id. at 881 (emphasis added).

Fuehrer v. Storm

769 N.E.2d 622 · Indiana Court of Appeals · Jun 6, 2002

A judgment on the pleadings is proper only when there are no genuine issues of material fact and when the facts shown by the pleadings clearly establish that the non-moving party cannot in any way succeed under the facts … Landowners assert that the Storms do not qualify for remonstrance under this section.

Rosenbalm v. Winski

165 Ind. App. 378 · Indiana Court of Appeals · Aug 14, 1975

Moreover, the instruction’s mandate for the necessity of proximate causation and the evidence clearly establishing the issue to be the visibility of the red light would support a conclusion that neither the trial nor the … Here there was no evidence to establish excuse or justification.

Conner v. State

711 N.E.2d 1238 · Indiana Supreme Court · May 25, 1999

The court’s decision is not clearly erroneous. 5. … Under these unusual facts, this Court determined that “[t]he undisputed facts, standing alone, clearly establish that Williams received ineffective assistance,” id. at 1267 , and that, “[i]n addition to revealing substandard

In the Matter of Lemond

274 Ind. 505 · Indiana Supreme Court · Dec 2, 1980

Code § 31-6-4-8 (Burns 1979 Supp.) establishes the next steps to be followed in *247 acquiring or establishing jurisdiction in a CHINS proceeding. … As this section clearly establishes, such orders are proper only where a physician has certified that an emergency exists.

Max Yanoff v. Glenn Muncy etal

Indiana Supreme Court · Dec 18, 1998

These will not be set aside unless clearly erroneous. Ind. Trial Rule 52(A). The findings are clearly erroneous only when a review of the record leaves the appellate court firmly convinced a mistake has been made. … As a general rule, an express condition must be fulfilled or no liability can arise on the promise that the condition qualifies. 5 Williston, Contracts § 675 (3rd ed. 1961); Restatement (Second) of Contracts § 225 (1981)

In the Term. of the Parent-Child Relationship of: K.K., N.K., and J.K., Minor Children, and D.K., Mother v. Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · Jul 28, 2016

Prior to [the Children’s] removal from Mother, [the Children] had been provided with virtually no medical care, had poor hygiene, significant dental issues and no immunizations. 3 … “Findings are clearly erroneous only when the record contains no facts to support them either directly or by inference.” Quillen v. Quillen, 671 N.E.2d 98, 102 (Ind. 1996).

Doe v. Purdue University

District Court, N.D. Indiana · Jan 13, 2022

Macomb, supra, at *64 (“whether [the school] responded in a way that was clearly unreasonable in light of the known circumstances—is for a jury to decide”). … capacity (Rollock (Count VII), and Sermersheim (Count VIII)) based on a lack of equal protection or due process offense, and qualified immunity.

Utley v. Healy

663 N.E.2d 229 · Indiana Court of Appeals · Mar 29, 1996

Thus, the Utley's maintain that since the city was immune from liability, their motion for judgment on the evidence should have been granted. We disagree. … Although not clearly developed in their appellate brief, the *238 Utleys seem to argue that admission of the contents of the work order violated the motion in limine because "[tJhe jury could assume that the next step after

Bixler v. Astrue

734 F. Supp. 2d 601 · District Court, S.D. Indiana · Jul 12, 2010

IV.Standard for Disability In order to qualify for disability benefits under the Act, Plaintiff must establish that he suffers from a “disability” as defined by the Act. … In addition, the ALJ’s opinion failed to acknowledge that Plaintiffs counsel had requested that Plaintiff be tested for mental retardation despite the fact that the record clearly indicates such a request. (R. 165).

Board of Trustees v. State ex rel. Eaton

175 Ind. 147 · Indiana Supreme Court · Feb 1, 1911

Every provision indicates an intention to establish a uniform system, and not a provision indicates an intention to put it in the power of any officer to break the uniformity. … Clearly in England it may.

Kenneth Seales v. State of Indiana

4 N.E.3d 821 · Indiana Court of Appeals · Feb 28, 2014

We first determine whether the Legislature meant the Act to 3 establish civil proceedings. Id. … He never had a hearing to determine his status as a sexually violent predator, nor had he committed a qualifying offense.

Schlumberger Well Services v. Blaker

623 F. Supp. 1310 · District Court, S.D. Indiana · Jan 23, 1985

categories which qualify for treatment as trade secrets. … BPB, no doubt, can find another qualified person to fill Blaker’s position.

State v. Hoovler

668 N.E.2d 1229 · Indiana Supreme Court · Aug 7, 1996

Based on the 1990 United States census, Tippecanoe County is presently the only county that comes within the population classification established by P.L. 44-1994, Section 6(h). … However, this question may arise in a future case if the population limits operate to exclude another county that would otherwise qualify because of EPA Superfund sites and governmental unit PRPs. . 42 U.S.C. §§ 9601-9675

Nelson v. Miller (In Re Miller)

268 B.R. 826 · United States Bankruptcy Court, N.D. Indiana · Oct 16, 2001

Why shouldn’t this be enough to qualify the debtor’s spouse as a creditor holding a contingent claim? … Clearly, neither of these tasks can be accomplished until the state court has actually entered its order.

Bates-Smith v. Smiley

District Court, N.D. Indiana · Jun 27, 2025

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 … Bates-Smith has not identified any document that qualifies as legal mail. Prisoners are also entitled to meaningful access to the courts. Bounds v.

Walker Manufacturing Co. Ex Rel. Conner v. Department of Local Government Finance

772 N.E.2d 1 · Indiana Tax Court · Jul 11, 2002

The record often fails to clearly distinguish between parcels 155 and 210. Consequently, the record is filled with considerable ambiguity. … Because parties are entitled to have their cases dealt with meaningfully, it is incumbent upon counsel io clearly present the facts. Whitley Products, Inc. v.

Fifth Third Bank v. Stanek

806 N.E.2d 861 · Indiana Court of Appeals · Apr 26, 2004

Specifically, the lease agreement provided: THE SOLE DUTY OF FIFTH THIRD IS TO EXERCISE REASONABLE CARE TO PREVENT THE OPENING OF THE SAFE DEPOSIT BOX ("BOX") BY ANYONE OTHER THAN *863 THE LESSEE OR A DULY QUALIFIED LEGAL … Stanek, on the other hand, asserts that the facts contained in her complaint establish that Fifth Third was negligent when it allowed unauthorized access to her safe deposit box.

Local 1963 of the United Automobile, Aerospace, & Agricultural Implement Workers of America, UAW v. Madison County

999 N.E.2d 949 · Indiana Court of Appeals · Dec 18, 2013

Indiana Code § 5-)-1-1 UAW further claims that the language of Section 1 establishes that deputies are employees of the County. … This court found that "lilt is elementary that there can be no deputy without there first being a principal; the principal being the duly elected, qualified and acting official of the county." Id. at 290.