Case law

Implement Service, Inc. v. Tecumseh Products Co.

726 F. Supp. 1171 · District Court, S.D. Indiana · Dec 14, 1989

Focusing on the third of these three requirements for establishing a “franchise,” the plaintiff would be required to prove at trial facts to establish the payment of a franchise fee to the defendants. … The acts alleged by plaintiff do not clearly establish a violation of the T.R.O. A hearing would need to be held in order to determine whether a violation has occurred and to determine the extent of plaintiff’s damages.

Banks v. Secretary of the Indiana Family & Social Services Administration

790 F. Supp. 1427 · District Court, N.D. Indiana · Apr 2, 1992

The plaintiffs argue that the defendants’ reliance on 42 C.F.R. § 447.15 is misplaced, because that provision immunizes Medicaid recipients from suits by providers only when Medicaid has agreed to cover the service provided … Banks’ file indicated that the bills in question did not qualify for Medicaid reimbursement. ****** 15. On July 18, 1989, Robert Van DenDriessche, Adult Medicaid Supervisor of the St.

Underhill v. State

428 N.E.2d 759 · Indiana Supreme Court · Dec 3, 1981

He specifically argues that while testimony established the fingerprint impressions made on state’s exhibits 15, 17, and 21 were made by the same person, there was no evidence to establish defendant was the person whose fingerprints … State, (1970) 254 Ind. 379, 384-85 , 260 N.E.2d 572, 576 , this Court held the crime defined in Section 12 “clearly” qualified “as a felony.”

Amy (Winton) Otis v. Marketing Three LLC

Indiana Court of Appeals · May 7, 2013

Otis pointed out several contradictions in Marketing Three’s filings, such as its assertions that CashCall was the original creditor while the Note clearly identifies the First Bank of Delaware as the first holder of the … We may reverse the trial court if Otis is able to establish prima facie error, which is error at first sight, on first appearance, or on the face of it. Id.

Middleton v. Greeson

106 Ind. 18 · Indiana Supreme Court · Mar 24, 1886

He is elected, gives bond and qualifies as township trustee. As stated in the case of Inglis v. … The legislation of the State clearly shows that^the contracting of debts by township trustees, on behalf of both their school and civil townships, was regarded by the Legislature as a growing evil, and one that should be

Vaughn v. Daniels Co.(West Virginia), Inc.

841 N.E.2d 1133 · Indiana Supreme Court · Feb 7, 2006

There is no policy reason to immunize Daniels from liability to those who are injured as a result of negligent design. … However, in addition to establishing the existence of a duty, in order to survive Daniels's motion for summary judgment, the Vaughns must also establish breach, causation and damages.

Leimkuehler v. American United Life Insurance

752 F. Supp. 2d 974 · District Court, S.D. Indiana · Oct 22, 2010

Some of the proprietary funds are qualified “investment companies” under the Investment Company Act of 1940 and are registered with the Securities and Exchange Commission. … As noted above, separate accounts are AUL proprietary funds that are not qualified as investment companies.

FLOWERS v. BELL

District Court, S.D. Indiana · Mar 8, 2023

Legal Standard The legal standard on summary judgment is well established: Summary judgment is appropriate "if the movant shows that there is no genuine … Because Bell's actions were constitutional even without a warrant, the Court need not address his arguments regarding good-faith mistake and qualified immunity.

Cole v. Shults-Lewis Child & Family Services, Inc.

677 N.E.2d 1069 · Indiana Court of Appeals · Mar 18, 1997

Specifically the court noted: The plaintiff submitted no affidavits or depositions of qualified witnesses providing expert opinion to support the scientific validity of repressed memory and to establish that her normal powers … After this, the court noted that daughter "submitted no affidavits or depositions of qualified witnesses providing expert opinion to support the scientific validity of repressed memory and to establish that her normal powers

IND ED. EMP. REL. BD. v. Bd. of Sch. Trust.

368 N.E.2d 1163 · Indiana Court of Appeals · Oct 18, 1977

Section 5 of the Act clearly contemplates that the discussion of the factors enumerated therein are to be on behalf of all members of the school employees' bargaining unit. … Contrary to constitutional right, power, privilege or immunity; or 3. In excess of statutory jurisdiction, authority or limitations, or short of statutory right; or 4.

Norris v. State

881 N.E.2d 691 · Indiana Court of Appeals · Feb 28, 2008

We will review a post-conviction court's findings of, fact under a clearly erroneous standard, but will review its conclusions of law de novo. Burnside, 858 N.E.2d at 237 . … Also, the recantation was clearly discovered subsequent to the guilty plea and could not have been discovered prior to the guilty plea. See State v.

Spranger v. State

498 N.E.2d 931 · Indiana Supreme Court · Oct 15, 1986

Russ (1985), Ind.App., 480 N.E.2d 248 , 250-51: The above statute clearly states that a law enforcement officer may, at any time, detain a person suspected of committing an infraction. … The evidence establishes the location and nature of the wound clearly and beyond a reasonable doubt as being a back wound with entry from the back and exiting in the front in a downward path. (1) There has been the suggestion

Insurance Co. of North America v. Purdue National Bank

74 Ind. Dec. 522 · Indiana Court of Appeals · Mar 17, 1980

To receive the benefit of these warranties, then, the drawer of a check must qualify as an ‘other payor who . . . pays.’ … Furthermore, there is no evidence in the record establishing any course of dealing or other basis for reliance by the drawer bank.

Faris v. AC AND S, INC.

842 N.E.2d 870 · Indiana Court of Appeals · Feb 21, 2006

When the pleadings present no material issues of fact and the facts shown by the pleadings clearly entitle a party to judgment, the entry of judgment on the pleadings is appropriate. Id. … The trial court denied the request, and this court reversed, finding that the plaintiff seeking the amendment was qualified to maintain the action as the child's mother. Id. at 1286 .

DELONG v. Local Union 1111 UAW Retirees

347 F. Supp. 2d 613 · District Court, S.D. Indiana · Nov 10, 2004

This being so, Mary DeLong no longer qualifies as a “spouse” as defined by Union officials interpreting the UAW’s Constitution. … Rule 59(e). of the Federal Rules of Civil Procedure “authorizes relief when a moving party ‘clearly establish[es] either a manifest error of law or fact’ or ‘presents] newly discovered evidence.’ ” Souter v.

SWANSON v. ELI LILLY AND COMPANY

District Court, S.D. Indiana · Jan 10, 2024

Her disabilities substantially limited her ability to think, be active, talk, interact with others, and weakened her immune system. Id. at ¶ 24. … To establish a prima facie failure to accommodate claim under the ADA, a plaintiff must show that: (1) the plaintiff was a qualified individual with a disability; (2) the defendant was aware of the disability; and (3)

Orkin Exterminating Co., Inc. v. Traina

486 N.E.2d 1019 · Indiana Supreme Court · Jan 2, 1986

During the third and through the sixth week, they could go without supervision, except for two hours daily, after which time they were regarded as being fully qualified to perform their work unsupervised. … Defendant's motions in trial and post trial clearly challenged the sufficiency of the evidence to sustain the punitive damages award and were erroneously overruled.

Norfolk Southern Railway Company v. Scott Sporner

Indiana Court of Appeals · Mar 16, 2026

Railroad asserted that Gonzalez “improperly served as the mouthpiece for the doctors’ unadmitted medical opinions,” which “she (as a vocational rehabilitation specialist) was not qualified to evaluate.” … An abuse of discretion occurs if the court’s decision was clearly against the logic and effect of the facts and circumstances, or it misinterpreted the law. Auto. Fin. Corp. v.

Alerding v. Allison

170 Ind. 252 · Indiana Supreme Court · Mar 13, 1908

The receipt shows upon its face that the appellee’s possession was not absolute and unconditional, but qualified, and during the pleasure of the executors. … It clearly pertained to no contract affecting the rights of the estate or of the eoexecutor. It bound nobody but the appellee. The estate surrendered no right.

Thompson v. Astrue

780 F. Supp. 2d 737 · District Court, N.D. Indiana · Jan 13, 2011

Disability Standard To qualify for Disability Insurance Benefits a claimant must establish that he or she suffers from a disability under the terms of the Social Security Act. … The Social Security Administration established a five step inquiry to evaluate whether a claimant qualifies for disability benefits.