Case law

In re the Marriage of: Thomas E. Thompson v. Donna B. Thompson (mem. dec.)

Indiana Court of Appeals · Jul 28, 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, … Among other assets, Husband had two pensions which Wife requested be split by means of a Qualified Domestic Relations Order (“QDRO”).

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 .

Alexandro Prado v. State of Indiana

Indiana Court of Appeals · Jul 12, 2012

that the interpreter was qualified. … An allegation that a trial court abused its discretion by failing to identify or find a mitigating factor requires the defendant on appeal to establish that the mitigating evidence is significant and clearly supported

Miami Nation of Indians of Indiana v. Babbitt

112 F. Supp. 2d 742 · District Court, N.D. Indiana · Jul 26, 2000

Federal acknowledgment establishes an intergovernmental relationship between the United States and the acknowledged tribe. … The Miamis argue that the Department’s reading of the regulation is clearly erroneous. The court disagrees.

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.

Schenke v. Phelps

District Court, N.D. Indiana · Jun 17, 2019

In support, they rely upon statements in the police report Schenke has attached to his complaint, but those “facts” are clearly disputed by the complaint’s factual allegations concerning Schenke’s sobriety and behavior … Probable cause and qualified immunity determinations cannot be made at this juncture.

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.

Caudill v. State

613 N.E.2d 433 · Indiana Court of Appeals · May 12, 1993

Taken together, these facts established a sufficient basis under 1C. 34-4-80.1-l(a)(l)(A)(vi) to justify the forfeiture of Caudill's Bronco. … On the contrary, I.C. 84-4-80.1-l(c) clearly states such money can also be presumed to be or have been used to violate a criminal statute-for example, to purchase drugs for personal consumption.

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.

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.

STEWART

District Court, S.D. Indiana · Jul 23, 2026

fact that she was a "qualified individual" under the ADA. … The plaintiff bears the burden of establishing that she is a "qualified individual." Stanley v. City of Sanford, 606 U.S. 46, 54 (2025).

Majestic Star Casino, LLC v. Blumenburg

817 N.E.2d 322 · Indiana Tax Court · Nov 12, 2004

will reverse a final determination of the Indiana Board only if it is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission....

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.

Fraternal Order of Eagles Lodge No. 255 v. Indiana State Board of Tax Commissioners

512 N.E.2d 491 · Indiana Tax Court · Feb 19, 1987

Hence the burden is on the Petitioner to establish that it is entitled to an exemption. … The court decided the case on other grounds, but added that the doctrine was clearly applicable on the basis of the ruling, which constituted an administrative interpretation, followed by a long period of acquiescence by

Eli Lilly & Co. v. Environmental Protection Agency

615 F. Supp. 811 · District Court, S.D. Indiana · Jul 26, 1985

Merrell was clearly suing in his capacity as a private citizen. … Registrants who submit data with notice of the provisions established by the 1978 amendments, and its qualified protection of trade secrets, can claim no property interest under state law in such data.

Bd. of Zoning Ap. of Decatur v. Decatur, Ind. Co. of Jehovah's Witnesses

233 Ind. 83 · Indiana Supreme Court · Feb 1, 1954

Even conforming to the established setback line there are approximately 2,000 square feet of off-street parking provided. … The zoning ordinance substantially reduced the value of a considerable part of appellee's lands. [3] Freedom of the press does not grant an immunity against conspiracies in restraint of trade. Associated Press v.

McLean v. Equitable Life Assurance Society of the United States

100 Ind. 127 · Indiana Supreme Court · Dec 11, 1884

Before presenting a synopsis of the evidence, it is proper, if not essential, for us to advert to certain rules that have been, established for the guidance of courts in the consideration by them of the evidence in a cause … By the provisions of his will he appointed his father, Lucius Eyce, now deceased, the executor thereof, and he, after first qualifying as such executor, furnished appellee with the proof required by the policy, as to the

DOUGLAS

District Court, S.D. Indiana · Jun 24, 2026

Under the subjective component, a prisoner must establish that the defendants had a culpable state of mind — that they "were subjectively aware of these conditions and refused to take steps to correct them, showing deliberate … immunity.

LEWIS

District Court, S.D. Indiana · Apr 3, 2026

Dismissal for “factual frivolousness” is appropriate where the facts alleged are “clearly baseless,” “fanciful,” “fantastic,” or “delusional.” Denton v. Hernandez, 504 U.S. 25, 32–33 (1992). … Plaintiff shall have through April 23, 2026, to SHOW CAUSE why final judgment should not issue due to his failure to establish a basis for the Court’s subject-matter jurisdiction.

Mayberry

District Court, N.D. Indiana · Aug 10, 2026

Given the Court’s clearly stated plan to allow Mayberry one single final round of written discovery and its clearly stated reasons for doing so, it was not reasonable for Mayberry to delay serving his interrogatories until … immunity; and (4) the evidence is insufficient to obtain injunctive relief under the Religious Land Use Institutionalized Persons Act.