Case law

Hughes v. Life Insurance Co. of North America

112 F. Supp. 2d 780 · District Court, S.D. Indiana · Sep 5, 2000

A comparison between the policy’s language and Herzberger’s “safe harbor” language clearly supports this conclusion. … It is certainly not clear that "Jackie” was any more medically qualified than Hackett-Wade, Smith, or Stief to evaluate Hughes' condition.

Weida v. Kegarise

826 N.E.2d 691 · Indiana Court of Appeals · May 5, 2005

Even the Kegarises, in their brief, do not explain the amount of additur established by the trial court. 4 II. … The attorney was obviously expressing her personal opinion because she qualified each of her statements with the words “I think.”

Martin v. Herb

District Court, N.D. Indiana · Sep 16, 2020

IFP Status Because it appears that Plaintiff qualifies to proceed without the pre-payment of filing fees, his Motion to Proceed in Forma Pauperis is GRANTED. … Martin clearly has grievances. He believes that he has been wronged by numerous individuals and entities across decades.

Silvers v. Brodeur

682 N.E.2d 811 · Indiana Court of Appeals · Jul 11, 1997

Assume finally that it developed subsequently that the attorney had not investigated the facts or the law and was clearly wrong in his advice. … prevailing in case and existence of legal malpractice claim); Peeler, 909 S.W.2d at 501-502 (Phillips, C.J., dissenting) (actual innocence of convicted defendant to whom attorney failed to convey offer of transactional immunity

AB v. State

949 N.E.2d 1204 · Indiana Supreme Court · Jun 29, 2011

It is acceptable that the legislature has established a process for the state to pay for placement and a process for the county to be ultimately responsible. … But we cannot agree that the new provision is immune from any judicial review whatsoever. It is well established that Article 7 section 4 of the Indiana Constitution confers plenary appellate jurisdiction on this Court.

Norlund v. Faust

675 N.E.2d 1142 · Indiana Court of Appeals · Feb 4, 1997

Norlund is a qualified optometrist in her own right, R. Norlund’s skills are superior to those of his wife — a fact well-known to the northeastern Indiana optometric community. … Norlund in order to establish Indiana Cataract and Laser, P.C. (ICL). ICL was established as a business to provide secondary eye care based upon opto-metric referrals.

Steven R. Burton v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jan 23, 2018

Nevertheless, the court qualified its statement by noting that its significance as a mitigating factor varies from case to case. Id. at 221. … An abuse of discretion occurs where the decision is clearly against the logic and effect of the facts and circumstances. Id.

In Re Weill's Will

113 Ind. App. 99 · Indiana Court of Appeals · Dec 22, 1942

The petition alleges that the said Max Weill died on the 21st day of February, 1929, and the trustee herein named, to wit: Harry'Weill, qualified as trustee, and subsequently died on the 26th day of August, 1933, and the … This, amount he seeks to set up as a claim against her estate, or to establish title to himself in such an amount out of the funds on hands in the clerk’s office.

Dennis Challoner v. Wendy Challoner (mem. dec.)

Indiana Court of Appeals · Sep 12, 2019

[21] Moreover, the trial court heard evidence indicating that Father was qualified to repair, modify, and install HVAC systems. … Father has not established that the trial court abused its discretion in finding him to be voluntarily underemployed.

State Ex Rel. Fry v. Superior Court of Lake County

205 Ind. 355 · Indiana Supreme Court · Jun 30, 1933

And where such rights are not clearly involved, the relief will be denied.” The text is well supported by authority, among which are: In re Sawyer (1888), 124 U. S. 200 , 8 S. Ct. 482 , 31 L. … The cases upon the subject are well and clearly distinguished in the case of Paulk v. City of Sycamore (1898), 104 Ga. 24 , 30 S. E. 417 , 41 L. R. A. 772, 69 Am. St. Rep. 128 .

Jane Doe v. Kristan P. Reibel

Indiana Court of Appeals · Jan 16, 2026

Whether the trial court clearly erred by denying the Does’ motions to proceed pseudonymously; and 2. Whether the trial court clearly erred by granting Reibel’s motions to strike. … A person’s name clearly falls within the plain meaning of “information.”

Slusher v. State

437 N.E.2d 97 · Indiana Court of Appeals · Jun 30, 1982

The evidence clearly reveals that Novick’s presence on the Slushers’ property on May 7, 1979, was a consensual presence for which the Slushers later sought remuneration by court order. … Cases from other jurisdictions clearly support the proposition that an omission to perform an act required by a legal duty may constitute wilful and wanton misconduct. Washington v.

United Methodist Church v. St. Louis Crossing Independent Methodist Church

150 Ind. App. 574 · Indiana Court of Appeals · Dec 30, 1971

in favor of the appellants was intended by the local church and that it was in fact established. … An alternate form was used in the years 1963 through 1968: “I, -, the qualified and acting - of - do hereby CERTIFY that at the- Conference of said organization held in accordance with law and the canons of The Methodist

John Aikman v. City of Indianapolis

Indiana Court of Appeals · Sep 24, 2013

[T]o qualify as fundamental error, “an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible.” Mitchell v. … Aikman concedes, however, that the petition for an order of impoundment filed by the City clearly indicated that the City sought such an injunction.

Patten v. Dodge Mfg. Corp.

23 F.2d 852 · District Court, D. Indiana · Jan 20, 1928

The Dodge Manufacturing Company owned and operated for many years a large manufacturing establishment in the city of Mishawaka, St. Joseph county, Indiana. … But; clearly, under the provisions of the act of 1887, if a citizen of a state,, without changing, or intending to change, his citizenship, *855 becomes an inhabitant of another state, or, in other words, has his domicile

Murphy v. Curtis

930 N.E.2d 1228 · Indiana Court of Appeals · Jul 21, 2010

To invoke this doctrine, the matters decided in the earlier appeal must clearly appear to be the only possible construction of an opinion. Id. at 1082-83. … This is not the same as saying that, once the facts alleged were established, the Class was entitled to judgment as a matter of law.

KAMPO TRANSIT, INC. v. Powers

138 Ind. App. 141 · Indiana Court of Appeals · Nov 24, 1965

After each assignment of error relief upon . . . there shall be concisely stated the basis of the objection to the ruling complained of, exhibiting clearly the points of fact and of law being presented, and how they are applicable … The rule is well established in Indiana that a mathematical calculation on a blackboard is entirely proper.

Vanosdol, Receiver v. Henderson, Admr.

216 Ind. 240 · Indiana Supreme Court · Oct 11, 1939

It was alleged in the plea that the Union Traction Company was a domestic corporation, organized under the laws governing street railroad companies; that appellant was the duly appointed, qualified, and acting receiver of … Statutes creating rights not given by the common law are always strictly construed and one seeking relief thereunder must bring himself clearly within the terms of the act. Shake v.

Ankeny v. Governor of State of Indiana

916 N.E.2d 678 · Indiana Court of Appeals · Nov 12, 2009

It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the … same rule was in force in all the English colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the constitution as originally established

Robert D. Rivard v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 20, 2019

Searches of probationers and community corrections participants who have either consented or been clearly informed that the conditions of the probation or community corrections program unambiguously authorized … The plea agreement contains no qualifying language regarding the level of suspicion required, if any, that must be satisfied before a search could be conducted.