Case law

State Ex Rel. Gilkison v. Clifford

120 Ind. App. 84 · Indiana Court of Appeals · Jan 20, 1950

“Thereafter in the latter part of October, 1949, the Governor of Indiana appointed the respondent as Judge of the Porter Circuit Court, Porter County, Indiana, and shortly thereafter respondent qualified and took office as … E. 2d 651 , established as the law of the case that the original exhibits could not be made a part of the bill of exceptions.

Monika Schmidt v. Allstate Property and Casualty Insurance Company

Indiana Court of Appeals · Feb 12, 2020

Schmidt, who qualified as an insured under her friend’s policy, demanded the underinsured motorist coverage limits from Allstate. … Clearly, a relationship exists between an insurer and its insured because they are in privity of contract.

Foman v. Moss

681 N.E.2d 1113 · Indiana Court of Appeals · Jun 5, 1997

We agree that the burden of proof was on the devisees to establish Foman's incompetency. Therefore, Foman is appealing a general judgment. … It is obvious that the trial court has not qualified as the guardian under the aforesaid statute and should not be attempting to substitute its will over the judgment of the duly appointed and qualified guardian.

U.S. Outdoor Advertising Co. v. Indiana Department of Transportation

714 N.E.2d 1244 · Indiana Court of Appeals · Aug 20, 1999

Outdoor “bears the burden of establishing its invalidity.” Id. … In establishing roadside areas to be governed by the applicable sign regulations, Ind.

BOARD OF COM'RS OF COUNTY OF ALLEN v. Jones

457 N.E.2d 580 · Indiana Court of Appeals · Dec 15, 1983

The Board then proceeded to establish its own wage determinations for the demolition projects. … Statutes are presumed to be constitutional and grounded in rationality, and one opposing this presumption must affirmatively demonstrate that constitutional defects are "clearly apparent."

Ogden v. Robertson

962 N.E.2d 134 · Indiana Court of Appeals · Feb 21, 2012

Nor do we find merit in Ogden’s argument that his claim qualifies as an exception to the exhaustion requirement due to its complex nature. … First, if an employee establishes that “adequate independent consideration” supports the employment contract, the court will generally conclude that the parties intended to establish a relationship in which the employer may

Cohen v. Orthalliance New Image, Inc.

252 F. Supp. 2d 761 · District Court, N.D. Indiana · Mar 24, 2003

The record before the court clearly indicates a dispute long fomenting between the parties. … See Fed.R.Civ.P. 57 advisory committee’s note to adoption (“The existence or non-existence of any right, duty, power, liability, privilege, disability, or immunity or of any fact upon which such legal relations may depend

Knob Hill Development LLC ASB LLC RPO Construction, Inc. Written Builders LLC v. Town of Georgetown, Indiana

Indiana Court of Appeals · Sep 11, 2019

G-18-03 and G-18-04, which established monthly sewer user fees and new SDCs, respectively. Ordinance No. … “The trial court’s findings and conclusions will be set aside only if they are clearly erroneous.” Id.

Conrad v. Atkins

868 N.E.2d 878 · Indiana Court of Appeals · Jun 27, 2007

With respect to persons having equal priority, however, “the court shall select the person it considers best qualified to serve as guardian.” Id. at § -5(b). … The evidence presented established that the Atkinses’ home was appropriate for Patrick’s care.

Carpenter v. City of Fort Wayne, Ind.

637 F. Supp. 889 · District Court, N.D. Indiana · Jun 17, 1986

Thus, the only real question is whether Blake can qualify as “clear precedent” in favor of the five year statute. … Compared to these firefighters, the plaintiffs here have clearly, in the words of the Anton court, “slept on their rights.”

Williams v. Norfolk S. Corp.

322 F. Supp. 3d 896 · District Court, N.D. Indiana · Jun 20, 2018

That statement lists Williams' version of the facts with appropriate citations to evidence but does not clearly identify which of Norfolk's facts, if any, he disagrees with. … In general, the presence of pedestrians does not qualify as a specific, individual hazard. Eubanks, 875 F.Supp.2d at 906 ; Beal, 2006 WL 2095239 at *3-4.

Hendrix v. Evans

715 F. Supp. 897 · District Court, N.D. Indiana · Mar 15, 1989

These statutes provide in full: 11-10-8-2 Establishment of program Sec. 2. … This statute merely establishes the minimum requirements an offender must satisfy in order to qualify for a minimum security release program.

Kroger Co. Sav-On Store v. Presnell

515 N.E.2d 538 · Indiana Court of Appeals · Nov 17, 1987

A witness should not be permitted to give an opinion where the jurors are as well qualified to form an opinion upon the facts as the witness. Green v. State (1981) 422 N.E.2d 1190 ." … However, the evidence in this case clearly supports a verdict of $485,000.00. The only evidence submitted on the question of damages was submitted by Presnell.

Cobb v. Snow

District Court, N.D. Indiana · Nov 6, 2020

. § 1915A, the court must review the complaint and dismiss it if the action is frivolous or malicious, fails to state a claim, or seeks monetary relief against a defendant who is immune from such relief. … “To state a claim under the Rehabilitation Act, [a plaintiff] need only allege that (1) he is a qualified person (2) with a disability and (3) the [public entity] denied him access to a program or activity because of

Datzek v. State

838 N.E.2d 1149 · Indiana Court of Appeals · Dec 14, 2005

The State did not present any evidence establishing the technologist's training and credentials or establishing that she was an expert qualified to render an opinion on a conversion. Id. … We held that the evidence was insufficient to support the defendant's conviction because the State failed to present testimony establishing the technical coordinator as an expert qualified to testify regarding the defendant's

Mukhtar v. Castleton Service Corp.

920 F. Supp. 934 · District Court, S.D. Indiana · Feb 26, 1996

CSC itself is clearly in some business, but it tries to draw a distinction between its business and Dr. Mukhtar’s. CSC says that Dr. … Code §§ 23-1.5-2 -4 (directors of professional corporation and all officers other than secretary and treasurer must be qualified to ren *942 der professional services), 23-1.5-3-1 (defining qualified shareholders for professional

WM v. State

437 N.E.2d 1028 · Indiana Court of Appeals · Jul 27, 1982

In so holding, they qualified the result by adding: "... … The procedures established by Judge Vincent clearly are an inappropriate basis for a 602 petition.

In the Adoption of K.H., D.R. v. M.M. and C.M.

Indiana Court of Appeals · Jul 29, 2020

The trial court’s findings and judgment will be set aside only if they are clearly erroneous. E.B.F., 93 N.E.3d at 762. … Court of Appeals of Indiana | Opinion 20A-AD-337 | July 29, 2020 Page 14 of 18  “unfit” as “[u]nsuitable; not adapted or qualified for a particular use or service” or “[m]orally

Nichols

District Court, N.D. Indiana · Aug 3, 2026

To establish defamation, a plaintiff must prove the existence of: (1) a communication with defamatory imputation; (2) malice; (3) publication; and (4) damages. Dugan v. Mittal Steel, 929 N.E.2d .184, 187 (Ind. 2010). … Sept. 26, 2012) (collecting Indiana defamation cases and finding “police report was, and is, protected by a qualified privilege”).

D. R. S. v. R. S. H.

412 N.E.2d 1257 · Indiana Court of Appeals · Dec 2, 1980

West Virginia Supreme Court listed various practical considerations in support of the custom: For example, a surname common to both parent and child makes it easier to demonstrate a legal relationship for the purpose of qualifying … The trial court’s judgment is not reversed unless it is “clearly against the logic and effect of the facts and circumstances before the court or the reasonable, probable and actual deductions to be drawn therefrom.”