Case law

Hancock v. Maynard

72 Ind. App. 661 · Indiana Court of Appeals · Mar 9, 1920

Hancock qualified as the executor of the said will of Martha J. Maynard, deceased. Both estates are still pending settlement in the Madison Circuit Court, and the said Alvis F. … Maynard, we must keep in mind some well-established principles. 3.

Hunt Paving Co. v. City of Indianapolis

800 F. Supp. 740 · District Court, S.D. Indiana · Aug 19, 1992

by Rule 56(e) to establish a genuine issue of fact. … Although Hunt Paving has not established any “contact” with the rest of the MBE/WBE Program, it sought to establish other injuries from the Program.

First National Bank of New Castle v. Acra

462 N.E.2d 1345 · Indiana Court of Appeals · May 10, 1984

We stated: The tort of fraud, if proven, would clearly constitute an invasion of a legal right. … The trial court conditioned its admission on the requirement that Acra would later establish the relevancy and materiality of the deposition.

Todd Richmond v. Erin Mager (Richmond)

Indiana Court of Appeals · Mar 16, 2012

“Judgments in custody matters generally turn on essential factual determinations and will be set aside only when they are clearly erroneous.” Id. at 1112. … Therefore, the evidence presented by the parties was clearly divergent. We reject Father’s blatant invitation to reweigh the evidence.

Lopez v. The People

District Court, N.D. Indiana · Jan 16, 2020

The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements. … Where, as here, a case is at the pleading stage, the plaintiff must ‘clearly . . . allege facts demonstrating’ each element.”).

Perrey v. Donahue

703 F. Supp. 2d 839 · District Court, N.D. Indiana · Mar 9, 2010

Clearly, Perrey is not a physician and has no medical training. Thus, he is not qualified to make medical judgments or render medical opinions about the proper course of treatment for his medical condition. … Clearly, Perrey has not submitted any admissible evidence establishing the existence of a genuine issue of material fact.

Rodenbeck v. Marathon Petroleum Co.

742 F. Supp. 1448 · District Court, N.D. Indiana · Jul 19, 1990

This Lease contains the entire agreement between the parties, and there are no oral promises or other representations or understandings inducing its execution or qualifying its terms. … Kinzie asserts that the Releases “cancel only particular prior agreements that are clearly specified, and the release language clearly pertains only to claims arising out of the cancelled agreements.”

Arnel J. Gallanosa, D.D.S. v. Indiana State Board of Dentistry (mem. dec.)

Indiana Court of Appeals · Mar 20, 2015

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, … The statute or regulation is presumed to be constitutional “until clearly overcome by a contrary showing.” Boehm v. Town of St.

CWPMI, Inc. v. Lahey

District Court, N.D. Indiana · Jul 22, 2025

Second, Plaintiff has not established that “illegal conduct” includes encouraging employees to breach their duty of loyalty. … Third, Plaintiff fails to establish that the tort of “unfair competition” qualifies as “illegal conduct.” Even if it does, Plaintiff has not demonstrated that Defendant’s conduct amounts to as much.

Cho v. Purdue Research Foundation

803 N.E.2d 1161 · Indiana Court of Appeals · Feb 26, 2004

In any event, while these facts certainly establish that PRF was aware of the construction, this awareness nevertheless does not establish the sort of active consent needed to maintain a mechanic's lien. … See id. f Cho argues that Ace Construction qualifies as a "laborer" or "persons performing labor or furnishing materials" as those terms and that phrase are used in the mechanic's lien statute.

Matter of Edwards

694 N.E.2d 701 · Indiana Supreme Court · May 1, 1998

However, another form of relationship would later become established. Respondent began an intermittent sexual relationship with Ms. Neal in early 1992. … This evidence does not clearly and convincingly support a finding of a breach of the Code of Judicial Conduct as to this particular count.

Atkinson v. City of Marion

78 Ind. Dec. 613 · Indiana Court of Appeals · Oct 8, 1980

It is obvious, however, that any apparent limitation on the prohibited conduct through the use of these qualifying terms is illusory, for ‘unbecoming’ and ‘detrimental to the service’ have no inherent, objective content from … Atkinson was accused in the instant ease is on its face as blameworthy as that in Aiello , where a fireman was arrested (despite protestations that, as a fireman, he should not be) after having gained entrance to a retail establishment

Bitzer v. Commissioner Indiana Dept of Correction

District Court, N.D. Indiana · Feb 11, 2022

(3) The Court need not reach the issue of qualified immunity As the Court has concluded that Mr. … Bitzer has failed to state a claim regarding Assistant Warden Hawk, it is unnecessary to determine if she is entitled to qualified immunity. IV.

Brandon Robey v. State of Indiana

7 N.E.3d 371 · Indiana Court of Appeals · Apr 24, 2014

Robey has failed to establish fundamental error in this regard. … his habitual offender status, which he admitted below, does not qualify, rendering the factual basis inadequate.

KIRTMAN, ADMINISTRATOR ETC. v. Gallentine

131 Ind. App. 150 · Indiana Court of Appeals · Oct 6, 1960

This agreement was reduced to writing and signed by George, Minnie’s three sons and their wives, her daugh *154 ter and her husband, and Wenning & Porter, the funeral establishment. … Kirtman, was appointed and qualified as Administrator of Minnie’s estate. Arthur A. Kirtman made a few more payments on the real estate contract to his son as Administrator. After that, Arthur W.

Infinity Products, Inc. v. Quandt

775 N.E.2d 1144 · Indiana Court of Appeals · Sep 27, 2002

Additionally, a judgment is clearly erroneous if it relies on an incorrect legal standard. Carmichael, 754 N.E.2d at 625 . … The trial court’s damages award is within the scope of the evidence and, thus, is not clearly erroneous.

University of Notre Dame v. Sebelius

988 F. Supp. 2d 912 · District Court, N.D. Indiana · Dec 20, 2013

Apart from women’s preventive healthcare, the broader section of the ACA on “Coverage of Preventive Health Services” also requires free coverage of immunizations and breast cancer screenings. See ACA § 2713. … The Establishment Clause Claim The Constitution’s First Amendment says that Congress can “make no law respecting an establishment of religion.”

Miller v. Anderson

162 F. Supp. 2d 1057 · District Court, N.D. Indiana · Jun 19, 2000

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) “qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’ ” Terry Williams, 120 S.Ct. at 1512. … Additionally, it is clear that the Indiana Supreme Court has not decided this issue in a manner “contrary to ... clearly established Federal law.”

Neaveill v. State

474 N.E.2d 1045 · Indiana Court of Appeals · Feb 27, 1985

Barbara neither asserted an insanity defense nor claimed to be incompetent to stand trial, either of which would have required the court to appoint qualified psychiatrists, elinical psychologists, or physicians, examine her … Viewed from the perspective of appellate review, the evidence was sufficient to establish as to Counts I, II, and V, that Barbara aided and abetted her husband in committing the offenses of child molesting and incest, that

Kranz v. Meyers Subdivision Property Owners Ass'n

969 N.E.2d 1068 · Indiana Court of Appeals · Jun 27, 2012

We do not reverse the agency’s decision unless the action is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … See also Ind.Code § 14-10-1-1 (establishing the NRC). 2 .