Case law

Campbell v. Eli Lilly & Co.

413 N.E.2d 1054 · Indiana Court of Appeals · Dec 30, 1980

In a series of cases arising out of a variety of factual settings in which a discharge clearly violated an express statutory objective or undermined a firmly established principle of public policy, courts have recognized … Further, I would grant such protection in all cases where the firing was obnoxious to such clearly declared or established public policy including all three categories previously mentioned.

HOUSING AUT. OF CITY OF SOUTH BEND v. Grady

815 N.E.2d 151 · Indiana Court of Appeals · Sep 22, 2004

These standards must be met in order for a residence to qualify for the Section 8 tenant-assisted program, and the standards must be maintained as long as the residence is involved in the program. … To place a duty on the Housing Authority to ensure the safety of each and every residence of Section 8 housing would clearly frustrate the objectives of the housing assistance program.

Norwood Promotional Products, LLC v. Kustomkoozies, LLC

835 F. Supp. 2d 685 · District Court, S.D. Indiana · Dec 21, 2011

Its use in the “Further Acts” clause is clearly as a defined term, as evidenced by its capitalization. … Indeed, Norwood is clearly claiming in this lawsuit that Kustom’s use of its mark violated both agreements.

Freeland v. Enodis Corp. (In Re Consolidated Industries Corp.)

292 B.R. 354 · District Court, N.D. Indiana · Dec 9, 2002

The Trustee has established this element of his claim. b. … The Trustee argues that Welbilt’s payment of debts for which it was already obligated does not qualify as new value under the Code. 11 U.S.C. § 547 (a)(2).

Stahly v. Amalgamated Transit Union, Local 996

3 F. Supp. 3d 720 · District Court, N.D. Indiana · Mar 3, 2014

Moreover, proceeding under the indirect method, Stahly cannot establish a prima facie case. … In any event, the comments are clearly not severe or pervasive, and Stahly’s vague and con-clusory allegations that she was “harassed” by Braylock or “set up” simply do not establish that the conduct Stahly was subjected

Anthony D. Moore v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 30, 2015

We therefore accept the post-conviction court’s findings of fact unless they are clearly erroneous but give no deference to its conclusions of law. Id. … The State, for its part, acknowledges that Burnett’s prior conviction for conversion qualified as impeachment evidence.

United Coalition for Social Equality Inc v. Lake Station City of

District Court, N.D. Indiana · Dec 13, 2019

Judicial Immunity Judge Matejczyk and Judge Jones maintain that they are entitled to judicial immunity. … A judge has absolute immunity from damages liability for acts performed in his or her judicial capacity.

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.

Samuel Bellamy v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 31, 2015

We reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Joyner v. State, 678 N.E.2d 386, 390 (Ind. 1997), reh’g denied. … The State argues that the medical records qualify under the hearsay exception of Ind. Evidence Rule 803(4). [21] Ind.

Shaver Motors, Inc. v. Mills (In Re Mills)

111 B.R. 186 · United States Bankruptcy Court, N.D. Indiana · Dec 29, 1988

Discharge clearly cannot be denied based on § 523(a)(4). There was no showing of an express or technical trust established by agreement or statute prior to the wrongful acts complained of. See, Miller et. al. v. … Grant, 481 F.2d 664 (4th Cir.1973) clearly is applicable here.

Dodd v. Rambis

535 F. Supp. 23 · District Court, S.D. Indiana · Dec 7, 1981

The daily administration of public education is clearly the responsibility of state and local school officials, Tinker v. … in class or out of it, which for any reason — whether it stems from time, place, or type of behavior — materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized

Alvin Donald Grisby v. State of Indiana

Indiana Court of Appeals · Oct 29, 2014

We held in Embrey, 989 N.E.2d at 1267, that the NPLEx records qualified as business records under Evidence Rule 803(6). … and establishing that there is a factual basis for the information furnished; or (2) contain information that establishes that the totality of the circumstances corroborates the hearsay.”

Dedrick Johnson v. Johnston and Galipeau

District Court, N.D. Indiana · May 20, 2026

Johnson’s deposition, his prison records, and affidavits from themselves and Unit Team Manager Philip Sonnenberg, which establish certain facts. On January 13, 2023, Mr. … Johnson cannot satisfy either the objective or subjective component of his conditions-of- confinement claim and, regardless, they are entitled to qualified immunity. In his response, Mr.

May v. Commissioner of Social Security

District Court, N.D. Indiana · Jun 4, 2020

If such a finding is not clearly established by medical evidence, however, adjudication must continue through the sequential evaluation process.” Id. … On the other hand, he has only received 5-ASA as maintenance therapy so far, primarily due to his reluctance to use immune- suppressives.” Mr.

Rose v. Mercantile National Bank of Hammond

844 N.E.2d 1035 · Indiana Court of Appeals · Mar 31, 2006

Findings of fact are clearly erroneous. when the record lacks any evidence or reasonable inferences from the evidence to support them. Id. The judgment will be reversed if it is clearly erroneous. Id. … Thus, to qualify for these remedies, Mercantile had to demonstrate it suffered a pecuniary loss as a result of a violation of Ind.Code Art. 85-48.

Powers v. State

87 Ind. 144 · Indiana Supreme Court · Nov 15, 1882

Clearly the court committed no ei’ror in excluding the offered testimony. Binns v. State, 57 Ind. 46 ; Wheeler v. State, 14 Ind. 573 . … Although unnecessary, this brings the motion into the record; but the truth of the matters stated in the several grounds is not established by the affidavit.

Metz v. Transit Mix, Inc.

646 F. Supp. 286 · District Court, N.D. Indiana · Jun 27, 1986

he was aged 40 to 70, (2) that he was qualified for the position, (3) that he was terminated, and (4) that he was replaced in his position by a younger person. … The record on summary judgment does not clearly disclose the extent to which the cost factor influenced Rand’s decision to discharge Haydon.

Budd v. State

935 N.E.2d 746 · Indiana Court of Appeals · Oct 8, 2010

We accept findings of fact unless clearly erroneous, but we accord no deference to conclusions of law. Id. … Day, 644 N.E.2d 72, 75 (Ind.1994) ("We conclude that there is no settled body of Indiana law that compels application of a federal equal protection analytical methodology to claims alleging special privileges or immunities

Stephen T. Perosky v. State of Indiana

Indiana Court of Appeals · Feb 11, 2014

The trial court also found that paramedic Beida was a skilled witness qualified to testify regarding the effect of “Bath Salts.” … the trial court failed to properly consider them, an allegation that the trial court failed to find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly

United Rural Electric Membership Corp. v. Indiana Michigan Power Co.

716 N.E.2d 1007 · Indiana Court of Appeals · Sep 29, 1999

Further, the Commission clearly addressed the issue in its order. Record at 300-02; cf. City of Marion v. Antrobus, 448 N.E.2d 325 (Ind.Ct.App.1983) and State ex rel. Hight v. … Moreover, as an administrative agency, the Commission is presumed to be qualified by knowledge and experience. Knox County, 663 N.E.2d at 191 .