Case law

Ebert v. Grain Dealers Mutual Insurance Company

158 Ind. App. 379 · Indiana Court of Appeals · Nov 29, 1973

Any limited or qualified interest or any expectancy of advantage is sufficient. Parks v. Federal Crops Insurance Corporation (7th Cir. 1969), 416 F. 2d 833 ; 4 APPLEMAN ON INSURANCE § 2123 (1969) ; 43 Am. … Any finding to the contrary is clearly erroneous. V.

Florer v. Sheridan

23 L.R.A. 278 · Indiana Supreme Court · Feb 13, 1894

It is also claimed, by many, that the taxation of personal property is unjust, in that it discriminates against residents and in favor of nonresidents, and is an inducement to citizens to establish residences abroad. … Exemption is an immunity or privilege — it is freedom from a charge of burden to which others are subject.

GALVAN v. STATE OF INDIANA

District Court, S.D. Indiana · Jul 20, 2022

. § 1983 for monetary damages; (4) the State of Indiana is immune from suit under the Eleventh Amendment to the United States Constitution; and (4) Ms. Crum is entitled to qualified immunity from suit. … Crum's qualified immunity defense. iI. Conclusion As detailed above, Defendants' Motion for Summary Judgment [Dkt. 108] is GRANTED.

Belden v. Heckler

586 F. Supp. 628 · District Court, N.D. Indiana · May 7, 1984

Establishment of a disability which would entitle plaintiff to benefits under the Social Security Act is a two-step process. … An examination of recent slip opinions from our Court of Appeals clearly demonstrates the care with which an ALJ must develop the record in the procedural context of this case. In Strittmatter v.

Hawkins v. Auto-Owners (Mutual) Insurance Co.

608 N.E.2d 1358 · Indiana Supreme Court · Feb 11, 1993

We now hold that the majority of jurisdictions in the United States, including the Federal Rules of Evidence and our own legislature, has established a more reasonable rule in this field. … I foresee tort litigants attempting to persuade prosecutors and defense counsel to burden criminal trials with additional testimony, witnesses, and exhibits, so that such evidence may later be presented, possibly immune from

James Timothy Spears v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 26, 2018

55 am regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of establishing … Here, the length of the delay—almost sixteen years—is excessive and clearly qualifies as presumptively prejudicial. This factor weighs in favor of Spears. [9] We next consider the reason for the delay.

Neudecker v. Neudecker

566 N.E.2d 557 · Indiana Court of Appeals · Feb 13, 1991

PARTIES' CONTENTIONS — Rolland says the evidence was insufficient to establish that his failure to pay his child support obligation was willful, and therefore the evidence was insufficient to establish he was in contempt … App., 441 N.E.2d 711 (immunity does not exist as to non-custodial parent).

NORTHERN IND. PUBLIC SERV. v. US Steel

907 N.E.2d 1012 · Indiana Supreme Court · Jun 23, 2009

We therefore apply the established standard of review for judicial review of Commission orders. … Steel counters that though the number is the same for each period, it clearly includes five distinct prices for the Energy Charge, which allows for the plural. (App. at 33-34, Appellee’s Br. at 23.)

Marriage of Scoleri v. Scoleri

766 N.E.2d 1211 · Indiana Court of Appeals · Apr 26, 2002

If as [Father] argues, he was not qualified for equivalent employment as a supervisor or journeymen printer, he could just as easily have been retrained for something with greater earning potential, Clearly, [Father] chose … The evidence establishes that Father works two jobs as a paramedic to maintain his current income level.

City of Terre Haute v. Kersey

159 Ind. 300 · Indiana Supreme Court · Jun 6, 1902

it deprives them of the free use of their property, and of the free use of the public streets of said city, in contravention of §§1, 21, and 23 of article 1 of the State’s Constitution; (2) that it grants privileges and immunities … When such power is, however, clearly conferred upon such municipalities, courts have generally upheld the proper exercise thereof.

Rager v. Dukes

District Court, N.D. Indiana · Dec 28, 2021

Other Claims and Qualified Immunity In his Amended Complaint, Mr. … Rager’s constitutional rights, they are entitled to qualified immunity.

JEFFERS v. CARTER

District Court, S.D. Indiana · Aug 22, 2019

“For a delay in treatment to qualify as deliberate indifference, we must weigh the seriousness of the condition and the ease of providing treatment.” Id. (internal quotation omitted). … To certify a class, a plaintiff must establish, among other things, that he will “fairly and adequately protect the interests of the class.” Fed. R. Civ. P. 23(a).

Edward Gaeta v. The Huntington National Bank (mem. dec.)

Indiana Court of Appeals · Jun 24, 2019

As a general rule, a condition precedent must be fulfilled, or no liability can arise on the promise that the condition qualifies. L.H. Controls, Inc. v. … Gaeta’s failure to pay the loan secured by the mortgage was clearly established. And the failure to comply with the HUD regulations is an affirmative defense to foreclosure.

State Farm Mutual Automobile Insurance v. Mortell

667 N.E.2d 192 · Indiana Court of Appeals · Jun 19, 1996

The Examination Statute clearly includes Final Orders issued by the Commissioner following an investigatory hearing as “an order entered under section 11(a).” … Under the plain meaning of Ind.Code 27-l-3.1-ll(b), the Commissioner clearly had the authority to take the action that he took.

Hornbostel v. State

757 N.E.2d 170 · Indiana Court of Appeals · Oct 19, 2001

Those aggravating cireumstances are all established by the evidence. … A trial court abuses its discretion when its evidentiary ruling is clearly against the logic, facts and cireum-stances presented. Id. A.

Employers' Liability Assurance Co. v. Indianapolis & Cincinnati Traction Co.

195 Ind. 91 · Indiana Supreme Court · Feb 19, 1924

And provides that “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.” … E. 774 , is clearly distinguishable from the one at bar.

In re the Paternity of E.G.C., Minor Child, Lisa Jacobs (Click) v. Ryan Delagrange (mem. dec.)

Indiana Court of Appeals · Apr 29, 2020

On January 27, 2016, the trial court issued an order establishing paternity. In February 2016, Father filed a petition to establish parenting time. … A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made. Id.

Indianapolis Concrete, Inc. v. Unemployment Insurance Appeals of the Indiana Department of Workforce Development

900 N.E.2d 48 · Indiana Court of Appeals · Jan 29, 2009

An employer's experience account is charged when a qualifying employee receives unemployment benefits based upon employment with that employer. Ashlin, 637 N.E.2d at 171 . … The word "distinct" is defined as "different, separate, plain, well-defined, or clearly perceived." Ashlin, 637 N.E.2d at 167 .

Bennett v. Indiana Life & Health Insurance Guaranty Ass'n

688 N.E.2d 171 · Indiana Court of Appeals · Oct 21, 1997

Such an amendment raises a presumption that the legislature intended to change the law unless it clearly appears that the amendment was passed in order to express the original intention more clearly. … The burden is on the Association to establish the existence of these three elements. Id.

VASQUEZ v. BAYLOR TRUCKING INC.

District Court, S.D. Indiana · Jun 29, 2022

A default judgment establishes the defendant’s liability to the plaintiff on the cause of action alleged in the complaint. Wehrs v. Wells, 688 F.3d 886, 892 (7th Cir. 2012). … Though Vasquez clearly disagrees with Selby's decision, he cannot pursue claims against her directly. Accordingly, Selby's Motion to Dismiss is granted. C.