Case law

In Re Curry Printers, Inc.

135 B.R. 564 · United States Bankruptcy Court, N.D. Indiana · Oct 4, 1991

Ordinarily this will be the contractual rental pro rata temporis, unless it is shown that the contractual rental itself is clearly unreasonable. … In any event, the analysis should only center around the reasonable rental value of the property as established either by the lease rate or by the rate established by the rebutting evidence presented by a party.

Enyart v. Blacketor

168 Ind. App. 214 · Indiana Court of Appeals · Feb 27, 1976

. *230 The majority’s rationale that a traffic sign must warn of a specific hazard to qualify as a warning to motorists is not supported by reason or authority. … The court further noted: “Travelers upon public highways are not expected to first ascertain and determine whether such signs are established in strict compliance with law before respecting them.” 415 P.2d at 88 , quoting

Gerrick v. State

451 N.E.2d 327 · Indiana Supreme Court · Jul 27, 1983

Upon examining the record we find appellant is clearly incorrect in his assertion that the subject matter was not covered in an instruction that was given. … Appellant contends the evidence in this case is insufficient because it does no more than establish a suspicion of guilt. See Dunn v. State, (1978) 260 Ind. 142 , 293 N.E.2d 32 ; Manlove v.

United States v. SCA Services of Indiana, Inc.

837 F. Supp. 946 · District Court, N.D. Indiana · Nov 10, 1993

In Allied, the defendant corporation argued that it was a dissolved corporation that had distributed its assets and was therefore immune from CERCLA liability. … If it is established through discovery that [the dissolved corporation] holds no assets whatsoever, then it no longer exists.

Tippecanoe County Assessor v. Frederick A May

Indiana Tax Court · Oct 17, 2025

Nonetheless, the Court also noted that a non-attorney’s expertise in the assessment process does not make them qualified in the practice of law, specifically referencing constitutional claims as a type of issue that qualifies … Some of Grossman’s claims appear to be constitutional in nature and clearly constitute the practice of law.

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Lightheiser

168 Ind. 438 · Indiana Supreme Court · Oct 31, 1906

To hold otherwise would establish in its full vigor the fellow-servant rule, which the statute was intended to abrogate as to the employes mentioned. American Rolling Mills Co. v. … When the subject-matter is once clearly ascertained and its general intent, a key is found to its intricacies; general words may be restrained to it, and those of narrower import may be expanded to embrace it to effectuate

FOSNIGHT v. United States

District Court, S.D. Indiana · Jul 8, 2022

By arguing Plaintiffs' claims are not actionable under the FTCA, the United States has invoked sovereign immunity. "Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit." … The FTCA waives sovereign immunity as to certain tort claims. 28 U.S.C. § 1346(b).

Steele v. City of Bluffton

31 F. Supp. 2d 1084 · District Court, N.D. Indiana · Dec 22, 1998

Sky Climber Inc., 79 F.3d 70, 73 (7th Cir.1996) Initially, Steele must establish that (1) she was a participant in a plan subject to ERISA; 8 (2) she was qualified for the position she held; and (3) she was discharged under … Clearly, from this testimony, Esmond did not have a final word as to the terms of Steele’s employment. 4 .

Collins v. Sullivan

729 F. Supp. 621 · District Court, N.D. Indiana · Dec 8, 1989

Claimant must be “disabled” in order to qualify for the benefits he requests. … [Y]ou [, Claimant,] have engaged in substantial gainful activity if— * * t * * •}> (2) Your work activity ... is clearly worth the amount shown in § 416.974(b)(2) when considered in terms of its value to the business, or

McIntyre v. Medaris

612 N.E.2d 1068 · Indiana Court of Appeals · Apr 22, 1993

When findings of fact and conclusions of law are requested by the parties, as occurred here, we will not set aside the trial court's judgment unless the judgment is clearly erroneous, that is, unless we are firmly convinced … Pursuant to 1C. § 31-3-1-4, as soon as a petition for adoption is found to be in proper form, the clerk must forward a copy of the petition to the state department of public welfare, one copy *1070 to a qualified agency as

R.K.H. v. Morgan County Office of Family & Children

845 N.E.2d 229 · Indiana Court of Appeals · Apr 13, 2006

By all accounts, the foster parents in this case are well qualified to raise the infant child. The Morgan County Department of Family and Children recommended that the adoption be approved. … The statute clearly does not contemplate an adoption with two adoptive fathers or two adoptive mothers.

In Re Paternity of CS

964 N.E.2d 879 · Indiana Court of Appeals · Mar 19, 2012

Also, as the trial court concludes, such a change is clearly in C.S.'s best interests. 2. … Some states have explicitly stated this qualifier. See e.g., Ga.

McCormick v. Kissel

458 F. Supp. 2d 944 · District Court, S.D. Indiana · Sep 18, 2006

In Reiser, the First Circuit simply concluded that a minor child did not qualify as a lessee and, therefore, could not enforce the disclosure provisions of RLPHRA. Heiser, 403 F.3d at 31-32 . … In this case, Congress has clearly created a private right of action under RLPHRA.

Jamieson v. Indiana Natural Gas & Oil Co.

12 L.R.A. 652 · Indiana Supreme Court · Jun 20, 1891

A party who asserts that the Legislature has usurped power, *569 or has violated the Constitution, must affirmatively and clearly establish his position. … In a limited and qualified sense it is a commercial commodity, but the limitation is not put upon it by any statute. That is done by nature.

Tippecanoe County Assessor v. DENNIS D ABBOTT

Indiana Tax Court · Oct 17, 2025

Nonetheless, the Court also noted that a non-attorney’s expertise in the assessment process does not make them qualified in the practice of law, specifically referencing constitutional claims as a type of issue that qualifies … Some of Grossman’s claims appear to be constitutional in nature and clearly constitute the practice of law.

Martinez v. Park

959 N.E.2d 259 · Indiana Court of Appeals · Dec 7, 2011

In this case after the deadlines were established and with a trial date pending, the Court, upon motion of [Dr. … In response, Martinez argued that the panel decision “clearly states Park breached the appropriate standard of care in that he was not qualified to do the surgery.

Rissler v. Lynch

744 N.E.2d 1030 · Indiana Court of Appeals · Mar 20, 2001

Though Rissler claims that she was unaware of the January 28, 1999 Entry until April of 1999, we do not agree that this qualifies as a clerical error. … Furthermore, as with TR. 60(B)(1), the burden is on the movant to establish the existence of grounds for relief. Id.

Athena Y. Collins v. State of Indiana

Indiana Court of Appeals · Mar 23, 2012

establish the lesser included offense, then the lesser included offense is inherently included in the crime charged. … An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court or it misinterprets the law. Id.

In the Matter of the Termination of the Parent-Child Relationship of B.F. and C.F. (Minor Children), C.B. (Mother) v. Indiana Department of Child Services

Indiana Court of Appeals · Jan 23, 2020

Because she has a prior felony conviction, she does not qualify for Section 8 housing with the Department of Housing and Urban Development. … In making that determination, we must consider whether the evidence clearly and convincingly supports the findings, and the findings clearly and convincingly support the judgment. Id. at 1229-30.

Atlantic States Legal Foundation, Inc. v. Universal Tool & Stamping Co.

735 F. Supp. 1404 · District Court, N.D. Indiana · Apr 23, 1990

Again, the case law clearly supports Atlantic’s contentions. In Student Public Interest Research Group v. … Universal claims that this administrative action qualifies as a “court action” and, as such, results in the preclusion of Atlantic’s claim under § 1365(b).