Case law

Austin Powder Co. v. Wallwork

761 F. Supp. 612 · District Court, S.D. Indiana · Feb 1, 1990

In that position Wallwork was responsible for maintaining previously established customer relationships; expanding Austin’s base of customers; expanding lines with established customers; field service work; and general customer … Plaintiffs Exhibit No. 25 is an advertisement which depicts ten hard hats each with a different service that the technical representative was represented as being qualified to provide customers.

Northern Indiana Public Service Co. v. ACE American Insurance Co.

Indiana Court of Appeals · Sep 12, 2025

Accordingly, ACE concluded “NIPSCO neither qualifies as an additional [insured] under the policy nor are the allegations made against NIPSCO covered by the . . . policy.” Id. … The trial court did not clearly err. 5.

Andriakos v. University of Southern Indiana

867 F. Supp. 804 · District Court, S.D. Indiana · Sep 23, 1992

When further questioned about the body’s immune response he had incorrect data base. … The employee must first establish a prima facie case of discrimination. The prima facie case has four elements.

Rosenblum v. Warner & Sons, Inc.

148 F.R.D. 237 · District Court, N.D. Indiana · Jan 25, 1993

Discussion The requirement that the party seeking discovery pay an adverse party’s expert for time spent in responding to discovery is well-established. … Moreover, the deposition clearly shows that Mr. Asher offered to have a duplicate of the videotape made himself when he suggested: “... or I can even do it if you break the tabs and satisfy yourself.” Mr.

National Rural Utilities Cooperative Finance Corp. v. Wabash Valley Power Ass'n (In Re Wabash Valley Power Ass'n)

111 B.R. 752 · District Court, S.D. Indiana · Jan 19, 1990

As such, the finding was clearly erroneous. *774 E. … To the contrary, it wanted to establish that the tariff in question applied not only to partial-requirements municipals, but also to all-requirements REMCs.

MIDDLETON v. VINARDI

District Court, S.D. Indiana · Sep 7, 2021

Finally, Major Vinardi's qualified immunity defense fails. … It was clearly established at all relevant times that prison officials must take reasonable measures to avoid exposing inmates to unnecessarily cold temperatures. See Dixon, 114 F.3d at 642.

Brook v. St. John's Hickey Mem. Hosp.

368 N.E.2d 264 · Indiana Court of Appeals · Oct 26, 1977

conform to the evidence. [1] Also the Brooks have waived their objection that the instruction was unclear and confusing to the jury by their failure to tender another instruction which would have enabled the jury to more clearly … There is evidence that a qualified X-ray technician was always present when Dr. Fischer made an injection of contrast medium into a patient prior to the taking of an X-ray.

In the Matter of the Adoption of Minor Children: C.B.M. and C.R.M.: C.A.B. v. J.D.M. and K.L.M.

979 N.E.2d 174 · Indiana Court of Appeals · Nov 30, 2012

This Court should “nullify a statute on constitutional grounds only where such result is clearly rational and necessary.” Bd. of Comm’rs of the County of Howard v. … AOPA affords judicial relief where an agency action is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; *182 (2) contrary to constitutional right, power, privilege, or immunity;

Linke Ex Rel. Linke v. Northwestern School Corp.

763 N.E.2d 972 · Indiana Supreme Court · Mar 5, 2002

The testing intrudes on students who in no way qualify for the lessened expectation of privacy some cases, like Vernonia, have attributed to athletes. C. Chandler v. Miller In Chandler v. … First, the survey and other evidence relied upon by NSC may establish a drug problem, but not among the categories of students tested.

Cooper v. State

854 N.E.2d 831 · Indiana Supreme Court · Oct 5, 2006

More specifically, the defendant must establish not only the grounds for the misconduct but also the additional grounds for fundamental error. Booher, 773 N.E.2d at 817; see also Johnson v. … Id. 8 qualified Cooper for a life sentence was resisting law enforcement as a Class D felony.

Roberts v. Community Hospitals of Indiana, Inc.

897 N.E.2d 458 · Indiana Supreme Court · Dec 9, 2008

A written plan was established for Dr. Roberts to catch up on his charting and to improve his overall efficiency. Shortly after his re- turn, Dr. … Findings of fact are clearly erroneous when they have no factual support in the record. Nichols v. Minnick, 885 N.E.2d 1, 3 (Ind. 2008).

LOVE v. PRESTEL

District Court, S.D. Indiana · May 30, 2021

The facts to establish liability, as found by the Court, were stated in the June 15, 2020, Order: On February 18, 2018, Plaintiff was an inmate at the Pendleton Correctional Facility. … Sept. 30, 1999) ($140 per day of unjustified confinement), rev’d on qualified immunity grounds, 256 F.3d 695 (7th Cir. 2001); McClary v. Kelly, 237 F.3d 185 (2d.

Wagoner

District Court, N.D. Indiana · Dec 4, 2025

which they assert “is inconsequential to establishing the FCA’s scienter requirements, and would only serve to confuse the issues in this case.” … While it may be true that liability for an FCA claim requires establishing subjective rather than objective knowledge, see United States ex rel. Schutte v.

Mayberry v. State

605 N.E.2d 244 · Indiana Court of Appeals · Dec 30, 1992

The record indicates that Lucille qualifies for some type of low cost housing ($33.00 a month). Added to this is the fact that Lucille has high blood pressure, and may not be in good health. … Clearly, Thelma was incapable of taking care of herself and required the assistance of another.

Justus v. Justus

581 N.E.2d 1265 · Indiana Court of Appeals · Nov 27, 1991

The court qualified its holding saying: However, such an agreement is not binding upon the court. … Subsection (c) establishes a rebuttable presumption that an equal division of the marital property is just and reasonable.

Clark v. State Board of Tax Commissioners

694 N.E.2d 1230 · Indiana Tax Court · Apr 24, 1998

However, the fact that a decision is committed to the State Board’s subjective judgment does not. mean that the decision is immune from judicial review. See Corey v. … The evidence in this case clearly demonstrated that the greater part of the “basement” was full of apartments and constructed similarly to the upper floors.

Matter of Estate of Banko

602 N.E.2d 1024 · Indiana Court of Appeals · Nov 9, 1992

The National City Bank of Evansville was appointed, qualified and acted as personal representative. On July 17, 1990, the Bank as personal representative, filed its inventory of probate assets. … A probate court abuses its discretion when its decision is clearly against the logic and effect of the facts and circumstances before the court. Matherly v. Matherly (1983), Ind., 457 N.E.2d 220, 221 .

Hayworth v. State

904 N.E.2d 684 · Indiana Court of Appeals · Apr 20, 2009

"Counsel's ... statements of 'no objection' clearly meant no other objection." Id. at 5. … Where a warrant is sought based on hearsay information, the affidavit must either: (1) contain reliable information establishing the credibility of the source and of each of the declarants of the hearsay and establishing

Donald B. Hall v. Beverly J. Hall

Indiana Court of Appeals · May 16, 2012

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing FILED … An abuse of discretion occurs where the trial court’s judgment is clearly against the logic and effect of the facts before it and the inferences which may be drawn therefrom. Id.

Burkhart v. Simms, Admr.

115 Ind. App. 576 · Indiana Court of Appeals · Apr 2, 1945

Simms was duly appointed and qualified as Administrator of the estate of James M. … Third, an examination of the evidence as contained in the record fails to disclose any evidence which tends to establish the fact that the appellant, Grace B.