Case law

Young v. Easter Enterprises, Inc.

915 F. Supp. 58 · District Court, S.D. Indiana · Nov 29, 1995

The July 14 notice to the Plaintiffs clearly stated that their employment with Easter would be terminated. … Although these Plaintiffs clearly have failed to present a prima facie case, because all Plaintiffs have failed to present a prima facie case for other reasons the Court sees no need to rule on this issue or differentiate

SCA Services of Indiana, Inc. v. Thomas

634 F. Supp. 1355 · District Court, N.D. Indiana · May 9, 1986

The right to use one’s property as one pleases is clearly a right of property ownership. … Sites need not be on the NPL to qualify for removal or enforcement actions.

Mitchell Tickle, Jr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 20, 2020

Reversal of a trial court’s decision to admit evidence is appropriate only where the decision is clearly against the logic and effect of the facts and circumstances. Joyner v. … would suffer extreme emotional distress should she be forced to testify in person; accordingly, the trial court erred when it ruled that P.T. was qualified under the protected person statute to have her statements

Thiel v. First Federal Savings & Loan Ass'n

646 F. Supp. 592 · District Court, N.D. Indiana · Nov 4, 1986

In making this determination, the court must keep in mind that the entry of summary judgment terminates the litigation, or an aspect thereof, and must draw all inferences from the established or asserted facts in favor of … The evidence in this case shows no conduct which qualifies as racketeering activity as defined in the statute, 18 U.S.C. § 1961 (1).

Braden v. Commissioner of Social Security

District Court, N.D. Indiana · Jan 26, 2021

A claimant qualifies as disabled if he or she cannot perform such work. … It often accompanies other immune system disorder, such as rheumatoid arthritis and lupus.

Travelers Indemnity Co. v. Armstrong

442 N.E.2d 349 · Indiana Supreme Court · Dec 6, 1982

It may consider original cost and cost of reproduction; the opinions upon value given by qualified witnesses; the declarations against interest which may have been made by the insureds; the gainful uses to which the buildings … Although we find no Indiana civil case in which the standard higher than the preponderance of the evidence has been clearly-adopted, higher standards have been clearly recognized and perhaps subtly applied.

Fishers Adolescent Catholic Enrichment Society, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater

990 N.E.2d 29 · Indiana Court of Appeals · May 29, 2013

However, the Court clearly stated that its decision applied only to the type of case before it — “an employment discrimination suit brought on behalf of a minister, challenging her church’s decision to fire her.” … See Ind.Code § 22-9-1-3(m) (" 'Public accommodation’ means any establishment that caters or offers its services or facilities or goods to the general public").

Ricci Davis v. State of Indiana

Indiana Court of Appeals · Dec 19, 2019

In this review, we accept findings of fact unless clearly erroneous, but we accord no deference to conclusions of law. Id. … Under the categorical approach, a court assesses whether a crime qualifies as a violent felony “in terms of how the law defines the offense and not in terms of how an individual

Miller v. Vanderburgh County

610 N.E.2d 858 · Indiana Court of Appeals · Mar 16, 1993

Neither is Indiana immune from this senseless violence. … Clearly, courthouse security deputies must be on their toes and stay there. 4 .

Wade v. McKibben

226 Ind. 76 · Indiana Supreme Court · Mar 22, 1948

In applying the statute and considering the ballots we will have in mind certain general rules established by this court, which we find well stated in Conley v. … While the statutes seek to keep the voter’s ballot secret, so as to prevent corruption in elections, its primary purpose is to provide a means for the *83 selection of officers by the free and untrammeled choice of honest, qualified

BROWNING v. TRANS UNION LLC

District Court, S.D. Indiana · Feb 18, 2025

The duties of furnishers of information upon notice of a dispute clearly fall within the essential purpose of the FCRA. … While the Servicing Transfer Notice is clearly central to Plaintiffs' claims, Plaintiffs did not refer to it in their Complaint.

Lawhorn v. Duckworth

736 F. Supp. 1501 · District Court, N.D. Indiana · Dec 15, 1987

These defendants are each and all entitled to Eleventh Amendment immunity for all claims for money damages asserted here in their official capacities. See Kashani v. … Brierton, 739 F.2d 1244 (7th Cir.1984), it was clearly held that a claim for medical malpractice is not enough to state an Eighth Amendment claim.

Butler Ex Rel. Estate of Butler v. Kokomo Rehabilitation Hospital, Inc.

744 N.E.2d 1041 · Indiana Court of Appeals · Mar 21, 2001

Lester and other physicians who were qualified healthcare providers were liable for the damage sustained by Alice as a result of the stroke. … "An abuse of discretion occurs only when the trial court's action is clearly erroneous and against the logic and effect of the facts and civreum-stances before the court."

Darby v. Schoolcraft

125 Ind. App. 440 · Indiana Court of Appeals · Apr 15, 1955

I am not qualified to say whether the piercing of Mr. Dillender's heart would stop the heart action. The fact that Mrs. … The evidence is clearly speculatory, and, therefore, cannot sustain the judgment herein.

Hagerman Construction, Inc. v. Copeland

697 N.E.2d 948 · Indiana Court of Appeals · Oct 6, 1998

This means these facts have been established as a matter of law for your deliberation. (R. 3799). … Crown-Corr argues that the contract did not clearly and unequivocally require it to indemnify Hagerman for Hager-man’s own negligence.

K.F. v. B.B. Termination: Adoption Agency v. B.B. (mem. dec.)

Indiana Court of Appeals · Mar 25, 2020

We will not set aside the findings or the judgment unless they are clearly erroneous. Id. … Findings of fact are clearly erroneous if the record is devoid of any evidence or reasonable inferences to support them, while a judgment is clearly erroneous when it is unsupported by the findings of fact

Bayless v. City of Frankfort

981 F. Supp. 1161 · District Court, S.D. Indiana · Oct 14, 1997

The motion is GRANTED because Plaintiffs have failed to establish that Defendants violated their federal constitutional rights. … Clearly, Plaintiffs satisfy the first step because they were deprived of their vehicle. See United States v.

Farris v. State

818 N.E.2d 63 · Indiana Court of Appeals · Nov 22, 2004

An abuse of discretion occurs when the trial court's action is clearly erroneous and against the logic and effect of the facts and circumstances before it. Id. … Terry was qualified to testify as an expert, but ruled that his testimony was inadmissible under the Indiana Rules of Evidence.

David J. Payne v. State of Indiana

Indiana Court of Appeals · Sep 16, 2013

Rule 65(D), this Memorandum Decision shall not Sep 16 2013, 5:34 am be regarded as precedent or cited before any court except for the purpose of establishing … An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances. Id.

Heath v. Strunk

152 Ind. App. 80 · Indiana Court of Appeals · May 8, 1972

E. 2d 897 , the plaintiffs-appellees brought an action against Carl Cope and Joseph Lawrence to establish and probate a purported lost will and codicil of William A. … The other facts presented certainly do not conclusively and clearly establish that he affirmatively mutilated or destroyed the will and codicil.”