Case law

Louisville & Jeffersonville Ferry v. Nolan

135 Ind. 60 · Indiana Supreme Court · Sep 21, 1893

From the foregoing summary of uncontested facts, the following propositions are established: First. The appellant, on the occasion referred to, was a common carrier of passengers. Second. … From the facts established in this cause, by the appellee, and the authorities cited, it was clearly the duty of the appellant to prove a complete negative of the averments in these respects in order to defeat the appellee

The 487 Broadway Company, LLC v. Kimberly K. Robinson

Indiana Court of Appeals · Apr 23, 2020

Specifically, 487 Broadway asserts that the Township did not designate any “affidavits or other designated documents which would be admissible under the Indiana Rules of Evidence” to “establish that there … “Unsworn statements and unverified exhibits do not qualify as proper Rule 56 evidence.” Seth v.

PERRY v. GREGORY

District Court, S.D. Indiana · Oct 17, 2019

Discussion As explained below, Perry has failed to establish his right to injunctive relief. … He concludes therefore that he cannot be immune to Hepatitis B.

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.

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).

Taylor v. Nolan

District Court, N.D. Indiana · Aug 4, 2025

Taylor refers to the orders the court sent him as legal mail, but court orders do not qualify as legal mail. … Taylor has not identified any document that qualifies as legal mail.

State ex rel. Pennsylvania Railroad v. Iroquois Conservancy District Court

235 Ind. 353 · Indiana Supreme Court · Apr 20, 1956

the formation of new counties, and to change county boundaries/ approved March 7, 1857, so as to allow new counties to be formed out of territories of less than four hundred square miles, and prescribing how the number of qualified … Section 10 provides for a case where the judge of one circuit would exercise all the jurisdiction of the judge of another circuit, such as would be exercised by a judge pro tempore, and it clearly has no application where

Kristine Bunch v. State of Indiana

Indiana Court of Appeals · Mar 21, 2012

State, 697 N.E.2d 1255, 1257 (Ind. 1998). 2 clearly erred in denying Bunch relief on this claim. … App. 2003) (statement proffered as newly-discovered evidence did not qualify as a dying declaration and therefore the evidence could not be produced at a new trial), trans.

CAPPS v. YELEY

District Court, S.D. Indiana · Nov 23, 2020

Qualified Immunity Officer Yeley argues that to the extent Ms. Capps’ constitutional rights were violated, he is entitled to qualified immunity. … City of Chi., 829 F.3d 869, 877 n.10 (7th Cir. 2016) ("The defendants alternatively argue that we should affirm based on qualified immunity.

PETRIG v. Folz

581 F. Supp. 2d 1013 · District Court, S.D. Indiana · Sep 10, 2008

In Petrig’s case he clearly was suffering from a lacerated spleen, as he ended up having his spleen removed. … Petrig has clearly demonstrated facts sufficient to show that officers at the Posey County Jail were deliberately indifferent. B.

Frye v. Trustees of the Rumbletown Free Methodist Church

657 N.E.2d 745 · Indiana Court of Appeals · Nov 21, 1995

-In determining which entrants qualify as public invitees, the Indiana Supreme Court has adopted the Restatement (Second) of Torts § 382. Id. … The facts in the instant case are clearly distinguishable from those Indiana cases in which individuals visiting churches have been determined to be public invitees. In St.

Spencer v. Liberty Mutual Insurance

381 F. Supp. 2d 811 · District Court, S.D. Indiana · Aug 9, 2005

Under Indiana law, “if a person qualifies as an insured under the liability section of the policy, he must also qualify under the uninsured motorist section or the insurance contract violates public policy.” Smith v. … Compliance with traffic laws clearly is at least “incidental” to the job duties of a truck driver, if not essential.

Sanger v. Bacon

180 Ind. 322 · Indiana Supreme Court · May 29, 1913

The allowance or refusal of amendments to the pleadings in a cause is in the discretion of the trial court and an order allowing or refusing such amendment will not be disturbed on appeal unless it clearly appears that the … This was sufficient to qualify him to express an opinion as to decedent’s mental condition at the time indicated and left it to the jury to determine what weight, if any, should be given to his testimony.

Ogle v. Davis

District Court, N.D. Indiana · Feb 21, 2024

so he did not qualify for a boat. Ogle then asked Davis to order the inmate to remove all belongings from his bunk. Davis said Ogle could remove the items himself. … “Incarcerated people have a clearly established right to be free from physical harm inflicted by others in the institution.” Kemp v. Fulton Cnty., 27 F.4th 491, 494 (7th Cir. 2022) (citing Farmer v.

Hand v. State

863 N.E.2d 386 · Indiana Court of Appeals · Mar 28, 2007

To be sure, injuries less substantial than those in cases like Hollins and Judy can qualify as “serious bodily injury.” … As in Lockett , Hand’s counsel clearly promised the jury that Hand was going to testify.

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.

Noah Pittman v. State of Indiana

45 N.E.3d 805 · Indiana Court of Appeals · Nov 5, 2015

(6) The defendant has immunity with respect to the offense charged. (7) The prosecution is barred by reason of a previous prosecution. (8) The prosecution is untimely brought. … [33] The State maintains that the evidence presented was sufficient to establish that Pittman acted with the requisite state of mind and took a substantial step to convict him of attempted stalking as

Gibson v. Hyatte

District Court, N.D. Indiana · Jul 12, 2021

Gibson’s cell and, alternatively, that he is entitled to qualified immunity. Mr. Gibson filed a response in opposition, to which the warden filed a reply. (ECF 64, 67.) Mr. … That conclusion makes it unnecessary to address the warden’s qualified immunity argument. That leaves Mr.

Paul Harris Stores, Inc. v. Mabel L. Salter Realty Trust (In Re Paul Harris Stores, Inc.)

148 B.R. 307 · District Court, S.D. Indiana · Nov 3, 1992

Finally, the debtor’s risk of loss is clearly limited by statute. … Post-petition rent generally qualifies for administrative expense treatment under the Bankruptcy Code, giving it certain priority over other claims against the estate. 11 U.S.C. § 507 (a)(1).

In the Matter of the Adoption of: J.K. (Minor Child), T.L. v. B.K. and Br.K. (mem. dec.)

Indiana Court of Appeals · Oct 25, 2019

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Oct 25 2019, 9:17 am court except for the purpose of establishing … Factual findings “are clearly erroneous if the record lacks any evidence or reasonable inferences to support them [and] . . .