Case law

McGraw-Edison Co. v. Northeastern Rural Electric Membership Corp.

678 N.E.2d 1120 · Indiana Supreme Court · Apr 22, 1997

It is clearly based on § 402A of the Restatement of Torts Second. Indiana was among the early jurisdictions to adopt § 402A, at least as Indiana law was predicted by its federal bench. … This record does not establish even a conspicuous and explicit provision barring strict liability claims.

In the Matter of the Termination of the Parent-Child Relationship of J.S. & H.E., Minor Children, E.S., Mother & G.E., Father v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Sep 25, 2017

We confine our review to two steps: whether the evidence clearly and convincingly supports the findings, and then whether the findings clearly and convincingly support the judgment. Id. … App. 2007) (failure to challenge findings by the trial court resulted in waiver of the argument that the findings were clearly erroneous), trans. denied.

Baker v. Monsanto Co.

962 F. Supp. 1143 · District Court, S.D. Indiana · Apr 9, 1997

Again, clearly, Westinghouse was quite knowledgeable of dangers associated with PCBs, and it was clearly sophisticated: it had its own staff capable of analyzing chemical properties of the materials it was purchasing from … Defendant asserts that this background does not establish an adequate foundation for Webber’s opinions, and that he is not properly qualified as an expert. Plaintiffs have not responded to these criticisms.

Cassidy v. Padgett, Exr.

99 Ind. App. 239 · Indiana Court of Appeals · Apr 27, 1934

Padgett is the duly qualified executor thereof, and that on April 26, 1930, the said Jennie Cassidy, the widow of the testator, duly elected in writing to renounce her rights under said will and elected to take under the … Wills have been made and title to real estate acquired by purchase upon the faith of, and in reliance upon, the rule thus established, and the same has therefore become a rule of property.

Medical Assurance Co. v. Weinberger

295 F.R.D. 176 · District Court, N.D. Indiana · Feb 7, 2013

To meet the qualified immunity from discovery based on Rule 26(b)(3), the materials sought must be: “(1) documents and tangible things; (2) prepared in anticipation of litigation or for trial; and (3) by or for a party or … Materials or investigative reports developed in the ordinary course of business do not qualify as work product.

Louisville, New Albany & Chicago Railway Co. v. Nicholai

4 Ind. App. 119 · Indiana Court of Appeals · Mar 1, 1892

A verbal contract is as obligatory as a written one, when established. The only difference is in the manner and in the certainty of the proof. … The rigorous accountability to which common carriers of goods and- baggage have been held as against all losses, save of the kind we have named, has been relaxed so far as to allow that liability to be qualified to some extent

Terre Haute & Indianapolis Railroad v. State ex rel. Ketcham

159 Ind. 438 · Indiana Supreme Court · Nov 25, 1902

And said new company is authorized to construct a railroad, in the general direction of the National road, from Indianapolis to the east line of the State, “and shall possess the same rights, privi *474 leges and immunities … To the contrary, the conferring upon the Indiana Central Railway Company, the same rights, privileges, and immunities, and the same restrictions and liabilities as were then possessed and resting upon the Terre Haute & Richmond

Harden v. Raffensperger, Hughes & Co., Inc.

933 F. Supp. 763 · District Court, S.D. Indiana · Jul 3, 1996

This Court’s earlier orders revealed its determination of the type of notes that would qualify for § 11 standing in this case, but the definition of the certified class does not clearly articulate that determination. … Commonwealth Edison Co., 892 F.2d 509, 512 (7th Cir.1989) (a material error in a prospectus usually is enough to establish § 11 liability).

Katelin Eunjoo Seo v. State of Indiana

109 N.E.3d 418 · Indiana Court of Appeals · Aug 21, 2018

The District Court dismissed this new indictment based on the violation of the immunity previously granted. Id. at 32. … The elements of compulsion are clearly present, but the more difficult issues are whether the tacit averments of the taxpayer are both “testimonial” and “incriminating” for Court of Appeals

Brookview Properties, LLC and First Merchants Bank of Central Indiana v. Plainfield Plan Commission

15 N.E.3d 48 · Indiana Court of Appeals · Jul 31, 2014

The Commitments are explicit that no preliminary plan was submitted, and Article 6.1 clearly differentiates between a concept plan and a preliminary plan. … And the evidence clearly supports the finding in that the proposed development does not take into consideration the intent of the PUD to encourage mixed use development.

MONEY STORE INVESTMENT CORP. v. Summers

909 N.E.2d 450 · Indiana Court of Appeals · Jul 10, 2009

Summers was gone and Money Store did not qualify a receiver or enter the property to secure its interests. Watching the property deteriorate, Phillips eventually decided to take remedial action to secure it. … Findings and conclusions will be set aside only when they are clearly erroneous. Id. A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made. Id.

Steward v. State

636 N.E.2d 143 · Indiana Court of Appeals · Jun 14, 1994

Even if the issue were preserved, Steward has failed to meet his burden of establishing his claim for a new trial. … The Girtons were not introduced or qualified by the State as expert witnesses but were fact witnesses who testified about the circumstances surrounding S.M.’s disclosure of sexual abuse.

Hall v. State

199 Ind. 592 · Indiana Supreme Court · Jan 6, 1928

cause of his death, it seems it is not homicide, but then that must appear clearly and certainly to be so. … Both attending physicians appear to have been well qualified professionally, and all the evidence adduced negatives negligence or maltreatment.

JWP Zack, Inc. v. Hoosier Energy Rural Electric Cooperative, Inc.

709 N.E.2d 336 · Indiana Court of Appeals · Apr 13, 1999

Zack claims that the Mother Agreement is the contract that establishes the basic relationship between the parties and that its limitation of liability clause limits any liability Zack may have to Hoosier. … In dissimilar settings, our supreme court has held: “The work product privilege is a qualified one and can be waived. What constitutes a waiver of the privilege depends upon the circumstances.

Maximilian Spiegel v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 8, 2016

In this review, findings of fact are accepted unless they are clearly erroneous and no deference is accorded to conclusions of law. Id. … Conclusion [24] Spiegel did not establish that he was denied the effective assistance of trial counsel. [25] Affirmed. Najam, J., and May, J., concur.

Breece v. Lugo

800 N.E.2d 224 · Indiana Court of Appeals · Dec 18, 2003

The Medical Malpractice Act affects the right of action for wrongful death only to the extent of limiting the recovery and establishing the requirement of submission of the claim to the medical review panel created by the … If true, such a death is clearly "caused by the wrongful act or omission of another" and within the purview of [the Wrongful Death Act]. 435 N.E.2d at 267 (statutory citations omitted).

Donald v. Outlaw

District Court, N.D. Indiana · Mar 3, 2023

established constitutional right, he is entitled to qualified immunity. … City of Muncie, , in which a police officer succeeded on a qualified immunity defense to malicious prosecution because “[t]here is no ‘constitutional right not to be prosecuted without probable cause.’” 499 F.

Hill v. Richardson

740 F. Supp. 1393 · District Court, S.D. Indiana · Jul 5, 1990

The Section 8 Existing Housing Program Section 8 establishes the housing assistance payments program that provides for various types of assisted housing. … The PHA determines whether an applicant for participation qualifies as a family and is income eligible. 24 C.F.R. § 882.209 (a)(1).

In the Termination of the Parent-Child Relationship of: H.A., A.A., Ri.A., and Ro.A. (Minor Children), and R.A. (Father) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Feb 19, 2019

We do not find that this statement qualified as an excited utterance. See, e.g., Bryant v. State, 984 N.E.2d 240, 247 (Ind. Ct. … We will set aside the trial court’s judgment only if it is clearly erroneous. Id.

BROWN v. MOATS

District Court, S.D. Indiana · Sep 24, 2025

Lukens argues that he is entitled to summary judgment because this case creates a new context under Bivens, that he was not deliberately indifferent, and that he is entitled to qualified immunity. Dkt. 242. … Brown has therefore established by a preponderance of evidence that Dr.