Case law

Dewbrew v. Dewbrew

849 N.E.2d 636 · Indiana Court of Appeals · Jun 20, 2006

Unlike the trial court, we find the parties' property settlement agreement to be clearly ambiguous. … Indiana courts have the authority to award, and therefore to modify, spousal maintenance only where the spouse receiving payments is incapacitated, provides care to an incapacitated child of the marriage, or qualifies for

Miller v. Purdue University

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

To establish the second element of her prima facie case, Miller must show that she was qualified for the Engineering position. … The court cannot say that the competing qualifications are so favorable to Miller that there is no dispute that she clearly was better qualified for the position.

In Re: The Guardianship of C.R. and A.R. E.R. v. M.S. and D.S. (mem. dec.)

Indiana Court of Appeals · Dec 27, 2016

[33] Notably, during her direct examination, Hood testified that she is not qualified to issue a PTSD diagnosis, however, as a licensed medical and family therapist, she is “qualified to suggest a diagnosis … Accordingly, we established that Apple exceeded her mandate by suggesting how visits should proceed.

Herzog v. Burton

District Court, N.D. Indiana · Sep 2, 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 … Herzog has plausibly alleged a due process violation based on unconstitutionally vague jail rules that don’t clearly define what conduct is prohibited.

St. Joseph Hospital v. Heckler

570 F. Supp. 434 · District Court, N.D. Indiana · Aug 19, 1983

Congress could easily have added the adjective “health” or the qualifier “supplied at the request of the patient” at any time to § 1395y(a)(6). … The Florida Group Appeal on which plaintiff relies presents no evidence to establish that there is any physiological benefit to having a telephone in a patient’s room.

Perkins

District Court, N.D. Indiana · Jan 29, 2026

a constitutional violation for purposes of either of the § 1983 claims; that Officer Widen is entitled to qualified immunity; that the Americans with Disabilities Act (ADA) does not apply to law enforcement activities; … and that because the force used was not excessive, plaintiff cannot establish a cause of action for wrongful death or respondeat superior.

Van Cleave v. State

517 N.E.2d 356 · Indiana Supreme Court · Dec 30, 1987

Reversal is proper where the impact is prejudicial, as it *366 clearly was in Long. … It has already been established that counsel's ignorance about the clean-up statement did not substantially affect the proceedings.

Indiana Department of Public Welfare v. Hupp

605 N.E.2d 768 · Indiana Court of Appeals · Dec 29, 1992

This provision clearly states that the “home” continues to exist under some circumstances even though the child is temporarily absent from the customary setting. … regulation, custom, or usage, of any State or Territory, subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Coats v. Kraft Foods, Inc.

12 F. Supp. 2d 862 · District Court, N.D. Indiana · Jun 17, 1998

Clearly, however, the plaintiffs are mistaken on this point. … Clearly, the plaintiffs were required to plead exhaustion or futility of exhaustion of their § 510 claim.

Gallagher v. Indiana State Election Board

598 N.E.2d 510 · Indiana Supreme Court · Aug 28, 1992

Consequently, a resident of a precinet who is otherwise qualified cannot vote in the new precinet if he became a precinet resident within thirty days of an election. … Const. art. 2, § 2 is unambiguous and clearly does not provide a "day of record" for purposes of voting and to that extent we agree with the trial court. Gallagher, 579 N.E.2d at 652 .

Morales v. State

749 N.E.2d 1260 · Indiana Court of Appeals · Jun 8, 2001

Police Station On the other hand, Morales was clearly subjected to a custodial interroga *1266 tion at the police station. Officer Ennis drove Morales to the station in a police car. … In order to establish that a denial of a mistrial motion constituted an abuse of discretion, the appellant must demonstrate that he was placed in a position of grave peril to which he should not have been subjected.

Grimes' Executors v. Harmon

35 Ind. 198 · Indiana Supreme Court · May 15, 1871

In this case *218 the distinctions between English and American law on this subject are clearly drawn. … The court say: “ It is an admitted general principle, that a vague bequest, the object of which is indefinite, cannot be established in a court of equity. Is this a bequest of that description ? We think it clearly is.

Booher v. State

773 N.E.2d 814 · Indiana Supreme Court · Aug 20, 2002

Marrs qualified his time estimates, noting that "I really didn't pay much attention because I don't wear a watch generally," Record at 1654, and "I usually don't keep track of the time." Record at 1656. … We hold that an appellate claim of prosecutorial misconduct presented on appeal in the absence of contemporaneous trial objection will not succeed unless the defendant establishes not only the grounds for prosecutorial misconduct

Ross v. Cheema

696 N.E.2d 437 · Indiana Court of Appeals · Jun 29, 1998

"[T]he experience in this state is that juries are equally qualified to judge someone's emotional injury *440 as they are to judge someone's pain and suffering, and the presence or absence of some physical injury does nothing … Brodsky , `It appears completely inconsistent to argue that the medical profession is absolutely unable to establish a causal connection in the case where there is no impact at all, but that the slightest impact.... suddenly

Bodemer v. Swanel Beverage, Inc.

884 F. Supp. 2d 717 · District Court, N.D. Indiana · Jul 31, 2012

Additionally, Swanel rents beverage dispensing equipment to restaurants, bars, and other establishments. Swanel’s primary energy drink is a product called “Banzai Energy Blast.” … However, if the covenant is clearly separated into parts and some parts are reasonable and others are not, the contract may be held divisible.

William E. Morrison and Sonya Morrison v. Putnam County Commissioners, and Donald Richards (mem. dec.)

Indiana Court of Appeals · Sep 21, 2018

[8] When reviewing a trial court’s ruling stemming from a bench trial, we will only set aside the judgment if it is clearly erroneous. E.g., WindGate Props., LLC v. Sanders, 93 N.E.3d 809, 813 (Ind. … Furthermore, the trial court took great care in its order to distinguish between items that were part of normal farming activities, which are not affected by the judgment, and items that did not qualify as

Ashworth v. Ehrgott

934 N.E.2d 152 · Indiana Court of Appeals · Sep 16, 2010

A decision is clearly erroneous if it is clearly against the *158 logic and effect of the facts and civreum-stances that were before the trial court. Young, 891 N.E.2d at 1047 . … We address each of these *159 payments separately to determine whether they qualify as alimony/maintenance, which would be entitled to a deduction from Father's weekly gross income, or whether they qualify as property settlement

KEEYLEN v. TALBOT

District Court, S.D. Indiana · May 4, 2021

Keeylen signed his amended complaint under penalty of perjury, he does not have first-hand knowledge to qualify him to testify as to these facts. Second, Mr. … Given this outcome, the State Defendants’ qualify immunity defense need not be considered. See dkt. 349 at 14-16. IV.

Smith v. Logansport Community School Corp.

139 F.R.D. 637 · District Court, N.D. Indiana · Dec 3, 1991

Plaintiffs’ answers to LCSC’s interrogatories are evasive and clearly insufficient. It is well-established that an answer to an interrogatory “must be responsive to the question. … Clearly, it would make no sense to require such a formality, especially in light of the liberal objectives of discovery.

John Shotts II v. Anonymous Skilled Nursing and Rehabilitation Facility, Anonymous Hospital, Anonymous M.D., Anonymous Long-Term Hospital (mem. dec.)

Indiana Court of Appeals · Oct 16, 2019

On April 5, 2016, the IDOI sent a letter to Shotts’ attorney notifying him that the Defendants were qualified health care providers under the Medical Malpractice Act (“Act”), Indiana Code Article 34-18 … good cause for his failure to adhere to the deadlines established by the Act and as set by Kraege