Case law

Home Insurance Co. of New York v. Boyd

19 Ind. App. 173 · Indiana Court of Appeals · Jan 28, 1898

App. 361 , it is held that the averment that appellee performed all the conditions in the policy, on his part, was intended to apply to and qualify the conduct of the insured to the time of the'action and must be so construed … From these facts it clearly appears that the house covered by the policy of insurance sued upon, was within the meaning of *186 the language of the policy, and in law, “vacant, unoccupied and uninhabited,” at the time of

Ashley Poythress and LaVenita Burnett v. Esurance Insurance Company (mem. dec.)

Indiana Court of Appeals · Feb 9, 2018

A trial court abuses its discretion when its decision is clearly against the logic and effect of the facts and circumstances before the court. Id. … [8] As to paragraph 5, Appellants assert Patten provided “expert testimony” without sufficient foundation to be qualified as an expert.

Connersville Hydraulic Co. v. City of Connersville

95 Ind. App. 234 · Indiana Court of Appeals · Sep 3, 1930

The railroad, in its return to the alternative writ, inter alia, alleged that in 1901 a good faith controversy had arisen concerning the legality of the proceedings relating to the laying out and establishing of the street … A. 656, the railroad claimed a grant of perpetual immunity, from its otherwise binding obligation to keep a bridge in repair, by virtue of a contract with the city wherein the city agreed to maintain the structure “for all

State of Indiana v. Samuel E. Vande Brake

Indiana Court of Appeals · Apr 3, 2020

Further, “[w]hen appealing from a negative judgment, a party has a heavy burden to establish to the satisfaction of the reviewing court that there was no basis in fact for the … There is no dispute that the State properly filed the enhancement or that Vande Brake’s conviction is a qualifying offense.

Griffin

District Court, N.D. Indiana · Sep 11, 2026

immunity. … immunity.

COUNCIL

District Court, S.D. Indiana · Mar 17, 2026

See id. at 937-38 (noting for qualified immunity purposes that federal prison medical and correctional staff "can consult decades of circuit precedent applying the deliberate-indifference standard" in state … BOX 33 TERRE HAUTE, IN 47808 6 The Court need not address Defendants’ argument that they are entitled to qualified immunity on all of Mr. Council's claims. 21

Johnson v. Lafayette Fire Fighters' Ass'n Local 472

857 F. Supp. 1292 · District Court, N.D. Indiana · Jul 22, 1994

This effort — which has to this date fallen short — continued throughout the litigation, and was clearly in response to the litigation and to the exposure to liability. … It is also well established that this judge need not limit the hourly rates to the Lafayette ar^a. Judge Fairchild, in Chrapliwy v.

Hebel v. Conrail, Inc.

475 N.E.2d 652 · Indiana Supreme Court · Mar 14, 1985

The lamp was approximately three feet above the water's surface rather than at the height established by the Coast Guard Regulation. … The trial court did err if it admitted the entire exhibit upon the premise that its entire contents qualified under the exception.

Area Interstate Trucking, Inc. v. Indiana Department of Revenue

605 N.E.2d 272 · Indiana Tax Court · Dec 29, 1992

Petitioners operate motor vehicle equipment that qualifies as ‘commercial motor vehicles’ subject to the motor carrier fuel tax, and[] because those commercial motor vehicles consume fuel in their operation upon Indiana highways … Moreover, “[t]he burden is on the challenger to clearly demonstrate the statute’s invalidity, and all doubts are resolved in favor of the statute.” Id.

Reeder-Baker v. Lincoln National Corp.

649 F. Supp. 647 · District Court, N.D. Indiana · Dec 9, 1986

The preponderance of the evidence clearly establishes that the reason given by Lincoln for plaintiff’s “high competent” rating is merely a pretext. … This memo itself establishes a causal connection. Baker complained about Lincoln’s racial policies and was put on probation. The evidence clearly shows that there was no “apprehension” or “uncertainty” in the P.C.U.

GRASSE v. MELLINGER

District Court, S.D. Indiana · Sep 28, 2020

"A pattern of similar constitutional violations" is "ordinarily necessary" to establish the claim. Id. at 62. … Grasse cannot establish Monell liability for the reasons above, the Court does not address Defendants' qualified-immunity argument or whether the standard for medical care is deliberate indifference or objective reasonableness

Matter of Strutz

652 N.E.2d 41 · Indiana Supreme Court · Jun 16, 1995

Respondent served as the refinery's attorney in this process and directed the establishment of the trusts by outside counsel. … Each of the three companies was clearly Respondent's client. We also conclude that the derivative action individual plaintiff, Mr.

Indiana Department of Education v. Mt. Zions Loving Day Care Ministry

Indiana Court of Appeals · Oct 30, 2025

administrative decision only if it is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to a constitutional right, power, privilege, or immunity … [22] The plain language of the CACFP law also clearly allows, but does not require, an agency to accept additional corrective action up to the date of an appeal hearing. 7 C.F.R. § 226.6(c)(4)(i) provides

State of Indiana v. Samuel E. Vande Brake

Indiana Court of Appeals · Apr 3, 2020

Further, “[w]hen appealing from a negative judgment, a party has a heavy burden to establish to the satisfaction of the reviewing court that there was no basis in fact for the … There is no dispute that the State properly filed the enhancement or that Vande Brake’s conviction is a qualifying offense.

K.R. Ex Rel. M.R. v. Anderson Community School Corp.

887 F. Supp. 1217 · District Court, S.D. Indiana · May 25, 1995

First, as explained above, McNair dealt with a service that was not sufficiently related to the particular child’s needs in order to qualify under the IDEA. … Despite this apparent dissonance, the Department of Education ruling cited by the Fourth Circuit states clearly that whether a public school system must provide a particular ser *1225 vice in a private school depends on the

State Employees' Appeals Commission, Indiana State Personnel Board v. Brown

436 N.E.2d 321 · Indiana Court of Appeals · Jun 9, 1982

court finds such finding, decision or determination of such agency is: (1) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; or (2) Contrary to constitutional right, power, privilege or immunity … Moreover, the Indiana Supreme Court has clearly indicated that the ‘substantial evidence’ test encompassed by the statute is not a hybrid standard formulated specifically for review of Public Service Commission decisions,

Baldwin v. Reagan

715 N.E.2d 332 · Indiana Supreme Court · Jul 6, 1999

For this reason, every statute stands before us clothed with the presumption of constitutionality unless clearly overcome by a contrary showing. Boehm v. Town of St. John, 675 N.E.2d 318, 321 (Ind.1996) (construing art. … Article I, § 23, provides: "The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.”

Rogers v. National City Bank of Evansville

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 .

Michael A. Ferrill v. Susan E. Ferrill

Indiana Court of Appeals · Mar 6, 2020

In exchange for leaving active duty before qualifying for pension, Michael was to receive Voluntary Separation Incentive (“VSI”) payments in an amount based on his pay grade when separating from the military … The Court will ask the parties to conduct the necessary calculations to establish the payments going forward that Michael will pay to Susan and submit an agreed order accordingly.

Rubin v. Johnson

550 N.E.2d 324 · Indiana Court of Appeals · Feb 19, 1990

Without citing pertinent case law, Rubin also indicates that as an expert in the sale of firearms, Looney was not qualified to relay his conclusions concerning the mental soundness of Campbell to the trial court. … In order to be admissible expert opinions must be preceded by a foundation establishing the witness' credentials. Yang v. Stafford (1987), Ind.App., 515 N.E.2d 1157, 1161 , trans. denied.