Case law

Fifth Third Bank v. Kohl's Indiana, L.P.

918 N.E.2d 371 · Indiana Court of Appeals · Dec 18, 2009

Yet once the letter of credit is established, the issuer becomes statutorily obligated to honor drafts drawn by the beneficiary that comply with the terms of the credit." J. White & R. … The issuer is immune from responsibilities to police the underlying transaction because it lacks control over it, or possibly even knowledge of it. See Bank of Newport v. First National Bank, 687 F.2d at 1261-62.

Mapes v. Cable One

District Court, N.D. Indiana · Aug 11, 2022

Nevertheless, the motion establishes that Mr. Mapes is unable to prepay the filing fee. … The ADA specifically includes an exhaustive list of private entities that qualify as public accommodations. See 42 U.S.C. § 12181.

S.H. v. M.A. (mem. dec.)

Indiana Court of Appeals · Oct 23, 2018

Your just trying to turn it around and manipulate me I see all of it so clearly now because it’s always been about [M.A.] and you know what? It still is. Ex. A. … As this Court has stated before, “mutual communication between two parties [does not qualify] as harassment within the meaning of the stalking statute.” Maurer v.

County Seat Bakery, LLC v. Sakura KJ Japanese Restaurant, LLC (mem. dec.)

Indiana Court of Appeals · May 27, 2020

65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any May 27 2020, 9:37 am court except for the purpose of establishing … Findings are clearly erroneous if “the record contains no facts supporting them either directly or inferentially.” Town of Brownsburg v.

Evans v. Yankeetown Dock Corp.

491 N.E.2d 969 · Indiana Supreme Court · Apr 15, 1986

Before addressing these specific issues, we observe that the present system of workmen's compensation in Indiana was essentially established with the Workmen's Compensation Act of 1929. … The necessary existence of a causal connection between the injury and the employment is clearly necessary to qualify for workman's compensation - benefits. - Donahue v.

Robertson v. State ex rel. Smith

109 Ind. 79 · Indiana Supreme Court · Feb 23, 1887

The question upon which the relator, Smith, here seeks an adjudication, however, very clearly, is neither a political nor a legislative question. … Clearly, a proceeding by information against a usurper into an executive office, is not an encroachment upon the executive department of the government.

Resnover v. Pearson

754 F. Supp. 1374 · District Court, N.D. Indiana · Jan 14, 1991

What is known and is clearly established by the evidence is that this petitioner was an active, willing participant in the killing of this police officer in the line of duty. … The decision of the state courts very clearly establish that this petitioner had the requisite knowledge that this victim was a police officer.

Ewell v. King

133 Ind. App. 172 · Indiana Court of Appeals · Mar 13, 1962

Application for change of judge was granted and a special judge qualified to hear the case. The court made certain finding of facts and conclusions of law and entered its judgment for appellee King. … All required elements are clearly present to establish that appellee King was not competent to testify as to the matters in controversy.

Gregory & Appel Insurance Agency v. Philadelphia Indemnity Insurance Co.

835 N.E.2d 1053 · Indiana Court of Appeals · Oct 20, 2005

An abuse of discretion occurs only when the trial court's action is clearly erroneous and against the logic and effect of the facts and cireumstances before the court. … might have been put; as well as any other fact reasonably tending to establish the actual cash value of the building.

Wooley v. State

716 N.E.2d 919 · Indiana Supreme Court · Sep 29, 1999

Otherwise stated, the trial court is not bound by its own self-imposed deadlines as long as the parameters established by the Rule are met. … This claim requires Woo- *931 ley to establish that the offered mitigating evidence is both significant and clearly supported by the record. Carter v. State, 711 N.E.2d 835 (Ind.1999); see also Crawley v.

American States Insurance Co. v. Braden

625 N.E.2d 1252 · Indiana Court of Appeals · Apr 14, 1994

Therefore, this Court must determine whether Braden is qualified for benefits under the liability section of the insurance policy. … At the time of Braden's injury in 1990, American States was required to provide him with underinsured motorist's coverage since he was *1259 clearly an insured for purposes of delivering the van.

Rose A. Martiradonna f/k/a Rose A. Rynberk v. Gilbert W. Rynberk (mem. dec.)

Indiana Court of Appeals · Jul 10, 2015

We cannot say that its conclusion is clearly against the facts and circumstances of the case. … [30] “[I]t is well established in Indiana that ‘future earnings are not considered part of the marital estate for purposes of property division.’” Severs v.

Anthony Chandler v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 30, 2018

Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Jul 30 2018, 8:53 am court except for the purpose of establishing … An abuse of discretion occurs if the trial court’s ruling is clearly against the logic and effect of the facts and circumstances before it. Id.

Freida A Starks v. State of Indiana

Indiana Court of Appeals · May 11, 2023

An offense is included when it (1) is established by proof of the same material elements or less than all the material elements required to establish the commission of the offense … Concluding that offenses qualify as included offenses, we now proceed to the final step of the Wadle analysis. B.

Heckler & Koch, Inc. v. German Sport Guns GmbH

71 F. Supp. 3d 866 · District Court, S.D. Indiana · Dec 24, 2014

Even assuming that Cooper had the requisite firsthand knowledge to convert her statement into admissible evidence, we decline to accept Plaintiffs’ newly-proffered and clearly self-serving theory when it cuts so clearly against … Panel Mart, Inc., 434 N.E.2d 97 (Ind.Ct.App.1982), the Indiana Court of Appeals read a preliminary recital as “clearly establishing] the intention of the parties” and as “erasing] the ambiguity” which clouded the body of

Eckles v. Consolidated Rail Corp.

890 F. Supp. 1391 · District Court, S.D. Indiana · Jul 5, 1995

Although Emrick clearly implies that such a balancing is necessary, it also offers no specifics. … But seniority rights are firmly established in federal labor law and policy, and, as TWA v.

United States v. Rodriguez

460 F. Supp. 2d 902 · District Court, S.D. Indiana · Mar 7, 2006

If the words of a statute have established common-law or criminal-law meanings, then courts will presume that Congress intended the words to have those established meanings absent clear evidence to the contrary. … These well-established rules of statutory construction are strictly applied when interpreting criminal statutes.

Progressive Casualty Insurance v. K.S. ex rel. George-Jarrard

731 F. Supp. 2d 829 · District Court, S.D. Indiana · Aug 2, 2010

Progressive argues that Luallen’s actions of “mooning” qualified as a criminal act for the purposes of the insurance policy. Section 35-45^4-1.5 of the Indiana Code does *836 make public nudity a crime. … Therefore, undisputed facts establish that Luallen did commit the crime of “public nudity,” even though he was never charged or convicted of that offense.

Kissel v. Lewis

156 Ind. 233 · Indiana Supreme Court · Feb 22, 1901

Christian, a competent and disinterested attorney of this' State, in good standing, who consented to serve, and was duly, qualified as -other judges, his appointment and oath being entered ón the order-book.' … But, j¡ even if valid, the license afforded the appellant no protec-'.jj. tion from the civil consequences of the unlawful and immoral practices set forth in the complaint and special find *246 ings, .and clearly established-by

Bryant v. State

256 Ind. 587 · Indiana Supreme Court · Jul 9, 1971

E. 2d 649 , that the Court had no legal authority for establishing such a specific medical examination as a means of proof. … Guilt is not established by mere opportunity to commit crime, nor can a conviction be sustained on speculation or conjecture.