Case law

State ex rel. McClure v. Marion Superior Court

239 Ind. 472 · Indiana Supreme Court · May 1, 1959

He was duly commissioned by the governor and qualified according to law. Gosman, claiming the right to hold over until his successor was elected and qualified, refused to surrender the office. … Acts 1907, ch. 207, §1, p. 360, being §4-1401, Burns’ 1946 Replacement, establishes the Marion Superior Court.

DeGood Dimensional Concepts, Inc. v. John D. Wilder

Indiana Court of Appeals · Nov 12, 2019

A judgment is clearly erroneous if it applies the wrong legal standard to properly found facts. Id. … The record reflects that DeGood not only failed to argue at the trial court level that commissions do not qualify as wages under the Wage Claim Statute, but it also conceded as much.

Prudential Insurance Co. of America v. Moore

197 Ind. 50 · Indiana Supreme Court · Dec 8, 1925

years, and has not been heard of or seen by any one since then; that he left no will, and thereafter letters *53 of administration on his estate were duly issued to plaintiff by the Lawrence Circuit Court, under which she qualified … would have been embraced within the subject expressed in the title, may be subsequently incorporated into such original act by a supplemental or amendatory act; and this may be done *58 without title, beyond a statement clearly

Bowes-Northern v. Patel

District Court, N.D. Indiana · Feb 6, 2025

It should be noted that even if they did violate Plaintiff’s rights, Defendant Hammer and the Porter Defendants cannot be held liable because they are entitled to qualified immunity. Harlow v. … Government officials are entitled to qualified immunity if their conduct aligned with what a reasonable person would believe to be lawful behavior. Id. at 818.

Ybarra v. Indiana Dep't of Corrections

District Court, N.D. Indiana · Jul 30, 2021

The defendants also argue Counselor Wilson is entitled to qualified immunity because “it is not clearly established that reviewing an offender’s complaint, interviewing the offender twice but simply being unable to verify … Benjamin, 293 F.3d 1030, 1037 (7th Cir. 2002) (holding that “a defendant may not avoid trial on the grounds of qualified immunity” if there are genuine issues of fact regarding the elements of the deliberate-indifference

State v. Davis

898 N.E.2d 281 · Indiana Supreme Court · Dec 18, 2008

Involuntary commitment to a hospital for the mentally ill is clearly such a deprivation of liberty as can only be accomplished by a state in strict App. 1991) (agreeing with the “implication” of Jackson, “that it would be … Thus, because of credit time, Davis became immune from being sentenced to further confinement as of November 2006 by which time she had been confined for a total of eighteen months.

Vaubel v. Lang

81 Ind. App. 96 · Indiana Court of Appeals · Jun 19, 1923

thereby to refer to said Elizabeth and Huida, and not their possible issue, under the well-settled rule that where language in a will is susceptible of two constructions, one of which would *103 violate a statute or an established … It has been held repeatedly that a title in fee simple means a title to the whole of the thing absolutely, and is contradistinguished from a determinable, conditional, qualified or base fee. Dumont v.

Wise v. McKeever

184 Ind. 686 · Indiana Supreme Court · May 10, 1916

The complaint alleges, in substance, that in the year 1912, the requisite number of qualified persons petitioned the Board of Commissioners of Huntington County to improve a certain highway in • Dallas Township which passes … S. 1881, clearly applies to save the township’s right to reimbursement in this ease and to compel the city or town to discharge the liability imposed.

The Lewallen Revocable Trust v. Fifth Third Mortgage Company (mem. dec.)

Indiana Court of Appeals · Jun 2, 2015

Findings of fact are clearly erroneous if they are unsupported by the findings and conclusions which rely upon those findings. Id. … In establishing whether the findings or the judgment are clearly erroneous, we consider only the evidence favorable to the judgment and all reasonable inferences to be drawn therefrom. Id.

State Farm Fire & Casualty Company v. Joseph Martin Radcliff and Coastal Property Management, LLC, a/k/a CPM Construction of Indiana

18 N.E.3d 1006 · Indiana Court of Appeals · Sep 16, 2014

In addition to their individual requirements, both subsections of T.R. 60(B) also mandate the establishment of a meritorious claim or defense. … The deposition testimony clearly indicates a “domestic”-type crime, serious enough for the State to pursue charges and for Radcliff to consult an attorney. (See Radcliff Depo. pp. 298-99).

Chami v. Provident Life & Accident Insurance

188 F. Supp. 2d 1084 · District Court, N.D. Indiana · Feb 5, 2002

A secondary objective of ERISA is to provide employers with an incentive to establish and maintain employee benefits plans. … Since diversity jurisdiction clearly exists in this action, the matter presently before the court has no jurisdictional implications. 6 . This part of the Demars opinion is dictum.

Calvin Lowery v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Sep 6, 2019

Outside the presence of the jury, Lowery admitted that he had a prior qualifying conviction for Court of Appeals of Indiana | Memorandum Decision 18A-CR-2991 | September 6, 2019 Page 4 of 13  dealing … This evidence is sufficient to meet the requirements of Rule 4(D), and the trial court’s decision was not clearly against the logic and effect of the facts and circumstances. See Wilhelmus v.

Beaver v. Foamcraft, Inc.

181 F. Supp. 2d 968 · District Court, N.D. Indiana · Jan 7, 2002

The burden of establishing a lack of any genuine issue of material fact rests on the movants. Wollin v. Gondert, 192 F.3d 616, 621-22 (7th Cir.1999); Essex v. … The nonmovants, however, must make a showing sufficient to establish any essential element for which they will bear the burden of proof at trial. Celotex Corp. v.

Eric P. Johnson v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 16, 2015

will find an abuse of discretion if the trial court fails to enter a sentencing statement, enters a finding of aggravating and mitigating factors that are unsupported by the record, omits reasons that are clearly … State, 568 N.E.2d 539, 544 (Ind. 1991), where our supreme court held that the defendant’s three prior arrests did not qualify as “instances of criminal behavior establishing . . . a history” of criminal or

McHugh v. Review Board of the Indiana Department of Workforce Development

842 N.E.2d 436 · Indiana Court of Appeals · Feb 16, 2006

It is well-established that an employee owes certain reasonably understood duties to her employer. See Hehr v. Review Bd. of the Ind. Employment Sec. … The Board's determinations of fact and inferences drawn therefrom are clearly supported by substantial evidence contained within the record.

Dawson v. Pastrick

441 F. Supp. 133 · District Court, N.D. Indiana · Nov 15, 1977

. § 1343 (3), — to redress a deprivation under color of law of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons … While the plaintiffs have established their case, their victory is neither complete nor total. The defendants have also prevailed on certain issues.

Garner v. State

754 N.E.2d 984 · Indiana Court of Appeals · Aug 29, 2001

Reliability may be inferred if a statement falls within a firmly rooted hearsay exception or in the event the hearsay exception warrants admission, but if the exception fails to qualify as firmly rooted, the State must show … An allegation that the trial court failed to identify or find a mitigating circumstance requires the defendant to establish that the mitigating evidence is both significant and clearly supported by the record. Id.

Patrick Austin v. State of Indiana

997 N.E.2d 1027 · Indiana Supreme Court · Nov 15, 2013

his entitlement to relief by showing that the trial court was clearly erroneous. … Certainly this Court has not been immune to using one in lieu of the other—even in the context of Criminal Rule 4 review.

In Re Vale

110 B.R. 396 · United States Bankruptcy Court, N.D. Indiana · Jan 23, 1989

Any person whose views are to the contrary has the burden of establishing that Congress was in error.) … The Court held that guns, bows and arrows, cameras, golf clubs, and a bicycle qualified as “household goods”. In Oswald v.

Consumer Attorney Services, P.A. v. State of Indiana

53 N.E.3d 599 · Indiana Court of Appeals · May 23, 2016

If this burden is met, the non-moving party must present evidence establishing the existence of a genuine issue of material fact. Id. … It also would expose non-lawyer employees of a law firm to indirect liability for violations of the CSOA for which the firm’s attorneys would be immune.