Case law

Eaton v. Onan Corp.

117 F. Supp. 2d 812 · District Court, S.D. Indiana · Sep 29, 2000

In 1952 Onan established the Profit Sharing Plan, which was a defined contribution employee pension benefit plan under ERISA. … However, the Seventh Circuit has clearly held that 26 U.S.C. § 401 (a) and the regulations promulgated pursuant to it cannot *848 support actions for relief under ERISA. See Reklau v.

Grain Dealers Mutual Insurance v. Chief Industries, Inc.

612 F. Supp. 1179 · District Court, N.D. Indiana · Jul 13, 1985

Riggs allegedly established, assembled, and/or erected the model 18-20 grain bin. … The plaintiff apparently argued that the real estate improvement statute conferred special immunity upon builders while discriminating against owners and materialmen without a reasonable basis for doing so. Id.

Howard Allen v. State of Indiana

Indiana Supreme Court · Sep 25, 1998

Lane , 489 U.S. 288 (1989), dealt not with a statutory privilege, right, or immunity, but with changes in constitutional law. … State , 644 N.E.2d 565 (Ind. 1994), and the precedents established in Bellmore and Bivins .

Beauchamp v. State

6 Blackf. 299 · Indiana Supreme Court · Nov 15, 1842

Besides, the question was put in cross-examination, and it does not appear (-whether it be considered as qualified or not) *to have been irrelevant to the testimony which the witness had given for the prisoner. … That the law is as we have stated it, the following authorities most clearly establish. Brains’s case, Cro. Eliz., 778; Oneby’s case, 2 Lord Rayan., 1485; 1 Hawk., c. 31, s. 33 ; 1 East’s C.

John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc. (rehearing)

54 N.E.3d 388 · Indiana Court of Appeals · May 5, 2016

The mandamus action does not lie to establish a right or to define and impose a duty. Id. (citation omitted). … Ind.Code § 32-26-9-1 establishes that certain existing fences are also subject to these repair and maintenance provisions.

Common Cause Ind. v. Marion Cnty. Election Bd.

311 F. Supp. 3d 949 · District Court, S.D. Indiana · Apr 25, 2018

voting, the state must administer that privilege evenhandedly."). 13 This answers the State's oft-rejected argument that, because there is no constitutional right to EIP voting, the Board's provisions for EIP voting are immune … The statute clearly provides that the other two members of a county election board are "appointed by the circuit court clerk[.]" Ind. Code § 3-6-5-2 (2).

US OUTDOOR ADVERT. CO., INC. v. Ind. Dept. of Transp.

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.

Browning v. Flexsteel Industries, Inc.

955 F. Supp. 2d 900 · District Court, N.D. Indiana · Jun 25, 2013

As a corporation, it clearly meets the definition of “enterprise” under § 1961(4). But it need not detain us long because the allegations concerning the DSI enterprise cannot possibly amount to a RICO violation. … The Court will briefly touch on whether each of the alleged acts qualifies as a predicate act under RICO. The claim must also allege that the predicate acts formed a “pattern.”

Diaz v. Duncan

76 Ind. Dec. 829 · Indiana Court of Appeals · Jun 30, 1980

Thus, all the necessary elements rendering the statute operative were established in the trial court. … This is true so long as such intention does not interfere with established rules of law.” Collins v. Held, (1977) Ind.App., 369 N.E.2d 641 , 29 I.L.E.

Dontez West and Kyree Guajardo v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 27, 2019

65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Nov 27 2019, 8:39 am court except for the purpose of establishing … Given these facts, we held that the trial court’s decision to deny the motion to dismiss was not clearly erroneous. Id.

Kunkle v. State

32 Ind. 220 · Indiana Supreme Court · Nov 15, 1869

result, an intent to murder could not be inferred, or other- / wise established. … .The charge, as we have seen, is upon the hypothesis that the felonious intent was clearly established; and the evidence shows that the appellant shot at Kestler twice, at a distance of not exceeding thirty steps, with a

Kenneth Welches v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Sep 13, 2016

An abuse of discretion occurs when the trial court’s ruling is clearly against the logic and effect of the facts and circumstances before it. … Welches has not established that the trial court abused its discretion in admitting Exhibits 1 and 2. 3.

Anthony L. Cole v. State of Indiana

Indiana Court of Appeals · Apr 16, 2012

Cole was dressed in dark clothing with clearly visible orange or red embroidery on both the shirt and subsequent report of the home invasion/robbery at Ayers’s home. 6 … Specifically, Cole argues that his prior convictions for possession of marijuana do not qualify as prior, unrelated felony offenses capable of supporting his status as a habitual offender.

Thayer v. Hedges

22 Ind. 282 · Indiana Supreme Court · May 15, 1864

As soon as peace was established, says Mr. Curtis, (Hist. … But, says Lord Bacon, “ gold hath these natures, greatness of weight, closeness of parts, fixation, pliantness or softness, immunity from rust, color or tincture of yellow; therefore, the sure way, though most about, to make

Tonya L. Gordon v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 9, 2016

To qualify as an intervening cause, death must be due to an independent event in which the Defendant did not participate and in which the Defendant could not foresee.” App. Vol. II p. 163. … The jury was clearly instructed that the State was required to prove Gordon’s conduct was a substantial cause of Dewayne’s death.

Baird v. Consolidated City of Indianapolis

830 F. Supp. 1183 · District Court, S.D. Indiana · Jun 25, 1993

Five months later, the parties established a schedule for determining whether or not this litigation would be continued. … This clearly suggests that, indeed, the defendants would not have redistricted until 1992 (after the next election) but for the plaintiffs’ lawsuit.

Crowe, Chizek, & Co. v. Oil Technology, Inc.

771 N.E.2d 1203 · Indiana Court of Appeals · Jul 23, 2002

burden of establishing an issue of fact *1207 material to a theory that avoids the affirmative defense. … An opportunity existed in 19983, 1994, and 1995 for Lade, the subsequently retained CPA, to discover that its property qualified for a tax exemption.

Busick v. Busick

65 Ind. App. 655 · Indiana Court of Appeals · Apr 6, 1917

death the owner in fee simple of the real estate devised by him and that the appraised value of his estate was $109,043.55; that his widow elected to take under the will; that the three executors named in the will duly qualified … The purpose of construing any will is to ascertain and give effect to the intention of the testator as expressed by the language employed, if not inconsistent with established principles of law.

Central Indiana Podiatry, P.C. v. Krueger

882 N.E.2d 723 · Indiana Supreme Court · Mar 11, 2008

Because that is the area sought to be restricted by the agreement, the agreement is clearly overbroad. … CIP bore the burden of establishing its claim and established that Krueger practiced in only three counties— Marion, Tippecanoe, and Howard — within two years of his termination.

Shaquille Washington v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 25, 2017

We will not deviate from this well-established legal principle. … The level of proof necessary to establish probable cause is less than that necessary to establish guilt by a reasonable doubt. Jellison v. State, 656 N.E.2d 532, 534 (Ind. Ct. App. 1995).