Case law

Felder v. Oliverio

934 F. Supp. 1032 · District Court, N.D. Indiana · Aug 7, 1996

The Court will also defer examining the issues of town policy, punitive damages and qualified immunity because the underlying claim affects the determination of those issues. … Indiana Code 36-8-3-4(m), in establishing the duration of the term of the police chief office, does not conflict with the four-year limitation imposed by the Constitution.

Barbara L. Mack (individually) and Barbara L. Mack, Grandmother/Custodian and Next Friend of Jaylan N. Brown, a minor child v. Christine A. Amiott, Harold S. Burchfield (mem. dec.)

Indiana Court of Appeals · Mar 5, 2015

Although insurers may limit coverage, “such limitations must be clearly expressed to be enforceable.” State Auto. Mut. Ins. Co. v. … If she was a covered Insured under Coroy’s Safe Auto policy on the date of the accident, Mack qualified for uninsured motorists coverage under the policy terms once Safe Auto denied coverage under

Zaky v. United States Veterans Administration

605 F. Supp. 449 · District Court, N.D. Indiana · Mar 8, 1985

As a result, plaintiff fails to establish a cause of action based on the fifth amendment. This court agrees with Dr. … Questions by any members of the board should be clearly stated and should have a direct bearing on the purpose of the review.

S.C.S. v. B.R.A.

645 N.E.2d 1103 · Indiana Court of Appeals · Jan 19, 1995

S.B.A. was born out of wedlock to Mother and Father on May 4, 1983. 1 Father filed a petition to establish the paternity of S.B.A. on April 8, 1992. … Specifically, Petitioner's isolated purchase of ice capade ticket, and school books and gifts to child of clothing do not qualify as significant support of child. Record, p. 477. .

Campbell v. State

551 N.E.2d 1164 · Indiana Court of Appeals · Mar 27, 1990

Trial judges are uniquely qualified to assess such dynamics. … These crimes clearly were egregious under the facts and their effects upon the community relevant.

Centman v. Cobb

581 N.E.2d 1286 · Indiana Court of Appeals · Dec 2, 1991

Garner qualified as a "physician" under the Medical Malpractice Act because each held a temporary medical permit and not an unlimited license to practice medicine. … The Ohio court appears to have retreated from its decision in Rush to the position we establish today in this decision. Dr. Cobb and Dr.

Commissioning Agents, Inc. v. Long

143 F. Supp. 3d 775 · District Court, S.D. Indiana · Oct 29, 2015

However, CAI fails to cite a single Seventh Circuit case which clearly supports this view and, instead, relies entirely on cases outside of the jurisdiction. … To begin, the Court notes that CAI’s claims do not clearly arise out of the same nucleus of operative facts.

Taele v. State Farm Mutual Automobile Insurance Co.

936 N.E.2d 306 · Indiana Court of Appeals · Oct 29, 2010

obligated to provide UM coverage to the Taeles because they did not sustain any "bodily injury" in the accident, as defined by the policy, and their alleged emotional distress from witnessing their child's death did not qualify … Our supreme court first noted that the occupants clearly stated permissible NIED claims against the underinsured driver, per Shuamber. Jakupko, 881 N.E.2d at 656 .

McKEE v. HASLER

229 Ind. 437 · Indiana Supreme Court · May 9, 1951

The Commissioners qualified and filed their preliminary report on May 25, 1949, which report was subsequently amended by the Commissioners. On June 13, 1949 appellants, Raymond S. … This case is clearly distinguished from the case at bar and does not support appellants’ position.

Commissioner, Indiana Department of Insurance v. Alvin C. Putman

98 N.E.3d 98 · Indiana Court of Appeals · Mar 29, 2018

Putman filed a reply arguing that his misdemeanor battery conviction did not constitute a qualifying offense to revoke his license because it was not a misdemeanor in which an element of the offense involves violence under … While we do not attempt to establish the boundaries of the occurrences in which an element of a misdemeanor offense involves violence, we cannot conclude that the Commissioner was unreasonable in determining that Putman's

Koo v. State

640 N.E.2d 95 · Indiana Court of Appeals · Sep 22, 1994

The trial court clearly erred in admitting the testimony of M.K. and S.P. … To the contrary, she clearly testified she never made the allegation although clinic personnel may have interpreted it as such.

Trustees of the Indiana State Council of Roofers Health and Welfare Fund, et al. v. Korellis Roofing, Inc.

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

As the party asserting attorney-client privilege, Plaintiffs have the burden of establishing all of its essential elements. … Thus, “[m]aterials assembled in the ordinary course of business, or pursuant to public requirements unrelated to litigation, or for other nonlitigation purposes are not under the qualified immunity provided by' the doctrine

Martin v. United States

7 Indian Terr. 451 · Court Of Appeals Of Indian Territory · Sep 26, 1907

And contends that, in order to sustain a chaige under said section, three things must be established, as follows: “First. … The evidence clearly establishes that there were several clerks in that office, either one of whom could examine the roll or consult it, whenever they had occasion to do so; that it might be said that Mr.

McQuaid v. State Ex Rel. Sigler

211 Ind. 595 · Indiana Supreme Court · Feb 11, 1937

It clearly appears that the conclusion was arrived at upon the theory that marriage does not necessarily affect the efficiency and usefulness of the teacher, and that there are no other considerations which may enter into … If there are unmarried, qualified teachers, residents of the community, who are unemployed, and who may be driven to leave the community and reside elsewhere if they are not employed locally, it is a matter of interest to

Studabaker v. Faylor

66 Ind. App. 175 · Indiana Court of Appeals · Jan 9, 1917

behalf of himself and other legatees, to appellant’s appointment, in which, he alleged that he was a legatee and devisee under the will of Catherine Faylor, deceased; that an administrator had been duly appointed and had qualified … Proceedings to probate a will are actions to determine the property rights of living persons by establishing the evidence thereof, and they precede ' the first steps in the settlement of the estate under the probate jurisdiction

Koch Development Corporation and Daniel L. Koch v. Lori A. Koch, as Personal Representative of the Estate of William A. Koch, Jr.

996 N.E.2d 358 · Indiana Court of Appeals · Oct 3, 2013

The party appealing the trial court’s judgment must establish that the findings are clearly erroneous. Anderson, 955 N.E.2d at 800. … Here, the evidence clearly shows that KDC and Dan had no intention of curing their failure.

State v. Raymond E. Heinold Family Trust

484 N.E.2d 595 · Indiana Court of Appeals · Oct 23, 1985

The reason for such rule was clearly set forth in Washburn v. Milwaukee & Lake Winnebago R. … statement of the facts which give it value, for a jury could hardly make an intelligent valuation from a description of the land and an enumeration of its advantages without a *599 definite figure as a guide, and a duly qualified

Murzyn v. Amoco Corp.

925 F. Supp. 594 · District Court, N.D. Indiana · May 16, 1995

Clearly, Defendants have a subrogation interest in “covered expenses.” … After all, while the Seventh Circuit has not clearly indicated its position on the make whole doctrine, it has at least contemplated the merits of adopting the make whole doctrine.

Koppin v. Strode

761 N.E.2d 455 · Indiana Court of Appeals · Jan 15, 2002

Employees also claimed that Township "violated Ind.Code § 22-2-5-2 by failing to make timely payments of their wages" and 'violated the Equal Privileges and Immunities Clause of the Indiana Constitution, Article I, Section … City of Columbus, 505 N.E.2d 841, 844 (Ind.Ct.App.1987), trans. denied (" 'Clearly, more than municipal interests are involved in the establishment of a state militia, and the state statutes would control over municipal provisions

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Mumford

208 Ind. 655 · Indiana Supreme Court · Oct 24, 1935

This is clearly beyond the obvious purposes of the legislation. In Cubbins v. Mississippi River Commission (1916), 241 U. S. 351 , 36 Sup. Ct. … It is pointed out in a learned opinion by Chief Justice White that the right to an unrestricted flow of rivers and streams is qualified by a limitation permitting structures for the control of accidental and extraordinary