Case law

James E. and Tamara L. Dunmoyer, Jr., Linus and Karen Harrold, Theron and Clara Miller v. Wells County, Indiana Area Plan Commission, Wells County Wind II, LLC

Indiana Court of Appeals · May 12, 2015

Section 1602 entitles a petitioner to judicial review upon a showing that the petitioner qualifies under: (1) Section 1603 concerning standing; (2) Section 1604 concerning exhaustion of administrative remedies … been prejudiced by a zoning decision that is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity

REINOEHL v. PENN-HARRIS-MADISON SCHOOL CORPORATION

District Court, S.D. Indiana · Aug 30, 2024

We find that Plaintiffs have failed to allege an Establishment Clause violation here because "it is clearly established in the case law, and perhaps also in common sense, that evolution is not a religion and that teaching … immunity.

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.

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.

Haywood v. Novartis Pharm. Corp.

298 F. Supp. 3d 1180 · District Court, N.D. Indiana · Jan 16, 2018

Haywood argues that it does because the statute clearly and unambiguously pertains to "any 'person' with patient information." … (c) A pharmacist or pharmacy is immune from civil liability for any action based on its good faith release of information under this section. I.C. 25-26-13-15.

Indiana Family & Social Services Administration v. Hospitality House of Bedford

704 N.E.2d 1050 · Indiana Court of Appeals · Dec 30, 1998

[FSSA has] failed to establish any element of subterfuge in the continued billings. … In large part, the Lett court determined that the plaintiff could have increased its reimbursement rate by qualifying at a higher certification level.

Michael Anthony Jones v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 2, 2017

We will reverse a trial court’s decision to admit evidence only if the court’s decision was clearly against the logic and effect of the facts and circumstances before it. Thornton v. … Appeals of Indiana | Memorandum Decision 71A03-1705-CR-1136 | November 2, 2017 Page 9 of 13  1. 911 Call [13] It is undisputed that Lorenzo’s statements in the 911 call qualify

Ackerman v. Kimball International, Inc.

634 N.E.2d 778 · Indiana Court of Appeals · May 23, 1994

Reversal is warranted only where the trial court's special findings are clearly erroneous, that is, where the record is devoid of facts or inferences supporting the trial court's findings. Williams v. … Considering the two remaining factors, the evidence demonstrated that Kimball's customer and supplier lists and pricing information qualify as trade secrets. See Issue Two.

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.

City of Gary and Gary Sanitation District v. Indiana Department of Environmental Management and City of Hobart

Indiana Court of Appeals · May 17, 2012

The “and” between (A) and (B) clearly reflects that for such discharges for which a new permit limit would be required both (A) and (B) will apply. 5  There is no … relief from an administrative decision only if the agency 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

Ward v. State

903 N.E.2d 946 · Indiana Supreme Court · Apr 7, 2009

The defendant has not established reversible error in the trial court's modification of the format for questioning potential jurors in this case. 4. … The trial court's factual determinations, however, will not be overturned unless clearly erroneous. Id.

Urbanational Developers, Inc. v. Shamrock Engineering, Inc.

175 Ind. App. 416 · Indiana Court of Appeals · Feb 9, 1978

It should be noted, however, that such a qualified statement rests upon Kalish’s interpretation of what the contract required. … The work necessary to reach proper compaction was clearly within the specifications.”

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.

Indiana Department of Public Welfare v. Payne

592 N.E.2d 714 · Indiana Court of Appeals · May 26, 1992

Background Medicaid was established in 1965 as Title XIX of the Social Security Act (the Act), 79 Stat. 343 , as amended, 42 U.S.C. § 1396 et seq. (1982). … We will reverse only if the evidence, when viewed as a whole, establishes that the agency’s conclusions are clearly erroneous. City of Indianapolis v. Hargis (1992), Ind., 588 N.E.2d 496 .

Wagner v. Spurlock

803 N.E.2d 1174 · Indiana Court of Appeals · Feb 26, 2004

A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made. Id. … To qualify as a wage, the compensation must be connected to the work performed by the employee. Id.

Schlabach v. Secretary of Health, Education & Welfare

469 F. Supp. 304 · District Court, N.D. Indiana · May 23, 1978

Mishkin more clearly articulates the basis for his opinion that the Plaintiff is now, and has been since January, 1975, totally disabled. … and remanded with directions to conduct a new hearing and enter fresh findings on the issue of disability and the actual availability of jobs in the national economy for which this Plaintiff is physically and emotionally qualified

David J. Steingart v. Robert P Musgrave

Indiana Court of Appeals · Oct 31, 2023

An abuse of discretion occurs when the court’s decision is clearly against the logic and effect of the facts and circumstances or the court has misinterpreted the law. … [15] As soon as a receiver is appointed and qualified, the entity’s assets become receivership assets until final distribution by the court. Porter Hosp., LLC v. TRK Valpo, LLC, 212 N.E.3d 683 (Ind.

Taylor v. White

District Court, N.D. Indiana · Jun 12, 2025

court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … Filing a grievance qualifies as “protected activity” for purposes of a First Amendment claim. Gomez, 680 F.3d at 866.

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).

Coleman v. Charles Court, LLC

797 N.E.2d 775 · Indiana Court of Appeals · Oct 16, 2003

Medical studies show that repeated exposures to histoplasmo-sis actually lead to a patient developing immunity, reducing the severity of illness upon rechal-lenge. … The trial court's decision will not be reversed unless prejudicial error is clearly shown. Id.