Case law

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.

Ray v. Worden

District Court, N.D. Indiana · Jun 6, 2024

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 … Complaints about the actions of food service, medical, and correctional staff are clearly appropriate to the Offender Grievance Process.

Pace v. J. S. Merrill Drug Co.

2 Indian Terr. 218 · Court Of Appeals Of Indian Territory · Jan 12, 1899

Keeping this fact in view, the construction placed upon garnishment pro- , ceedings by the supreme court of Arkansas will be more clearly understood. … This court held in that case that the language was imperative upon the assignee, and that it was not qualified or limited in any manner by the provisions which followed.

Christopher E. Wooten v. State of Indiana

Indiana Court of Appeals · Feb 12, 2013

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited FILED before any court except for the Feb 12 2013, 8:49 am purpose of establishing … indicates that the legislature knows how to use qualifiers if it wants to, but has chosen not to do so when it comes to employees of school corporations.

A.M. v. D.R. (mem. dec.)

Indiana Court of Appeals · May 30, 2019

’s welfare; (3) the wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age; (4) whether the child has established … Again, Mother points to L.R.’s alleged criminal history in support of her argument that L.R. does not qualify as a “responsible household family member.”7 This, too, 6 Mother’s allegations

D.S.I. v. Natare Corp.

742 N.E.2d 15 · Indiana Court of Appeals · Dec 29, 2000

Applying the above standard, the court concluded that the plaintiffs “easily” qualified as prevailing parties. Id. at 746. … In connection with the litigation against Na-tare, Mart clearly was the one who decided what actions to undertake.

Bartrom v. Adjustment Bureau, Inc.

618 N.E.2d 1 · Indiana Supreme Court · Jul 20, 1993

Furthermore, the duty of spousal support is clearly embedded in Indiana's modern law of domestic relations. … Wendorf (1977), 174 Ind.App. 172 , 366 N.E.2d 703 (husband may prevail on appeal by establishing inability to pay maintenance award); Castor v.

Parker v. Itodo

District Court, N.D. Indiana · Mar 20, 2023

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 … Constitutionally protected legal mail is limited to mail to or from the inmate’s attorney and clearly identified as such on the envelope. Kaufman v. McCaughtry, 419 F.3d 678, 686 (7th Cir. 2005).

Norman v. NIPSCO

District Court, N.D. Indiana · Jun 23, 2020

because Plaintiff had not established diversity jurisdiction. … To prevail on a Rule 59(e) motion, “a party must clearly establish (1) that the court committed a manifest error or law or fact, or (2) that newly discovered evidence precluded entry of judgment.”

JOHNSON v. ALVEY

District Court, S.D. Indiana · Sep 17, 2021

After showing the objective component, a plaintiff must next establish "a subjective showing of a defendant's culpable state of mind," and "the state of mind necessary to establish liability is deliberate indifference to … Qualified Immunity Defense As discussed above, there is no constitutional violation, therefore, the Court need not address the Defendants’ qualified immunity defense to Mr.

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.

Wilson v. Studebaker-Worthington, Inc.

699 F. Supp. 711 · District Court, S.D. Indiana · Feb 9, 1987

Simply stated, defendants assert that Goulds, as a purchaser of the turbine, qualifies as a user or consumer as defined by I.C. § 33-1-1.5-2. Defendants cite the Court to Dague v. … United Engineers contends that services it rendered (design, procurement, and construction) were at all times subject to the specifications established by G.E. pursuant to the contract heretofore mentioned.

Schott v. Huntington National Bank

914 F. Supp. 2d 933 · District Court, S.D. Indiana · Dec 27, 2012

. § 2605 (e)(1)(B), which governs qualified written requests (“QWRs”) for information related to the servicing of federal mortgage loans. … Labeling this statement an actionable misrepresentation would be absurd; it is clearly of the same bare-bones, conclusory ilk that is fatal to a fraud claim.

Guedelhofer v. Ernsting

23 Ind. App. 188 · Indiana Court of Appeals · Nov 1, 1899

If we clearly understand the theory of the complaint, appellee plants his right of recovery upon two basic propositions: (1) That appellant was negligent in failing to provide a guard to be adjusted over the revolving knives … This finding by the general verdict must stand, unless facts are affirmatively established by the special findings which are so antagonistic to the facts established by the general verdict that the two can not be reconciled

Kathryne Tillett v. State of Indiana

Indiana Court of Appeals · Mar 28, 2025

Henderson filed an evaluation concluding that Tillett was capable of assisting in her defense, was able to participate in her own defense, had a basic understanding of the court proceedings, and was “clearly … The facts establish that Tillet digitally penetrated her own daughters, then ages seven and three, on many occasions, sometimes in the presence of the other child. E.W.

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.

Journal-Gazette Co. v. Bandido's, Inc.

712 N.E.2d 446 · Indiana Supreme Court · Jun 23, 1999

This evidence, while clearly indicating that the Journal-Gazette was careless and negligent, was not indicative of actual malice. … Clearly, legal recognition and protection of a person's reputational interest is deeply entrenched in our history and practice.

Sedwick v. West

92 F. Supp. 2d 813 · District Court, S.D. Indiana · Apr 12, 2000

It was determined by VA Human Resources in Livonia, Michigan that Sedwick, along with five others, was qualified for the position. He was not selected for the position. … The demotion surely is; the other examples clearly not. Sweeney, 149 F.3d at 556 (citation omitted).

Balvich v. Balvich (In Re Balvich)

135 B.R. 327 · United States Bankruptcy Court, N.D. Indiana · May 22, 1991

Thus, “a debt could be in the ‘nature of support' under § 523(a)(5) even though it would not legally qualify as alimony or support under state law.” Yeates, 807 F.2d at 878 . … The parties clearly contemplated the possibility that Mrs. Balvich might choose to live elsewhere and sell the marital residence. She has, in fact, done so and has since re-married.

Louis K. Rose v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 23, 2020

If they’re appointed a PD and I say a hundred dollars, that means there’s a Felony charge pending[,] and they qualify for a PD. … [13] To prevail on a claim of prosecutorial misconduct that has been procedurally defaulted, a defendant must establish the grounds for the prosecutorial misconduct, and he must also establish that the