Case law

Donald Snover v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 30, 2015

[10] Judge Kirsch concurred in result and concluded that Hammond’s statements to police qualified as statements against penal interest. Id. at 1052. … In this review, we accept findings of fact unless Court of Appeals of Indiana | Memorandum Decision 20A03-1505-PC-320 | October 30, 2015 Page 12 of 22  clearly erroneous, but we accord no deference to conclusions

Evansville Greenway & Remediation Trust v. Southern Indiana Gas & Electric Co.

661 F. Supp. 2d 989 · District Court, S.D. Indiana · Sep 29, 2009

To establish a case for reimbursement of clean-up costs under section 107(a), a plaintiff must establish four elements: (1) the property is a facility; (2) there has been a release or threatened release of a hazardous substance … Indiana law clearly recognizes that a condemnation action is not necessary for a public entity to acquire property by eminent domain.

Caudill Seed & Warehouse Co. v. Rose Seeding & Sodding, Inc.

764 F. Supp. 2d 1022 · District Court, S.D. Indiana · Oct 6, 2010

Lastly, the moving party *1028 need not positively disprove the nonmovant’s case; rather, it may prevail by establishing the lack of evidentiary support for that case. See Celotex Corp. v. … Any additional non-seed product that Rose Seeding was forced to purchase in order to remediate would qualify as consequential damages not recoverable under the contract.

Bennett v. Duckworth

909 F. Supp. 1169 · District Court, N.D. Indiana · Nov 29, 1995

Holcomb, whom the court considered to be well qualified after eight and one-half years as a public defender, to handle the petitioner’s defense. … If Bennett establishes that certain errors of counsel were unreasonable, he must then show that the errors resulted in prejudice to his defense. Burr, 492 N.E.2d at 308 .

Terre Haute v. Phillips

191 Ind. 374 · Indiana Supreme Court · Nov 17, 1921

The mere fact that her mother testified as a witness was not sufficient to establish that the daughter was emancipated, and entitled to her own earnings. 18. … Some of them were erroneous in declaring, in positive language, rules which should have been modified by some qualifying phrase, such as “in the exercise of ordinary care.”

SPEARS v. SLT LENDING SPV, INC. D/B/A SUR LA TABLE

District Court, S.D. Indiana · Jun 5, 2023

To receive relief under Rule 59(e), the moving party "must clearly establish (1) that the court committed manifest error of law or fact, or (2) that newly discovered evidence precluded entry of judgment." Edgewood v. … Arguably, Spears is qualified for the position she previously held but the Court cannot ascertain that position from Spears' Second Amended Complaint.

J.G. v. H.H., by next friends, J.S. and G.H. (mem. dec.)

Indiana Court of Appeals · Apr 5, 2018

[order] must establish that the findings are clearly erroneous. … Findings are clearly erroneous when a review of the record leaves us firmly convinced that a mistake has been made.

Keilman, Tr. v. City of Hammond

124 Ind. App. 392 · Indiana Court of Appeals · Oct 23, 1953

We were merely adhering to the long and well-established elementary principles referred to in the cited cases and the authorities cited therein. … In our opinion they have established a rule of property which we neither have the authority nor inclination to change.

Standard Mutual Insurance v. Kidd

136 F. Supp. 2d 950 · District Court, S.D. Indiana · Feb 16, 2001

Summary judgment is required only if it is clear that a plaintiff will be unable to satisfy the legal requirements necessary to establish his or her case. Celotex Corp. v. … Second, Indiana courts have established a number of guiding principles for interpreting language in insurance contracts.

Niblack v. Goodman

67 Ind. 174 · Indiana Supreme Court · May 15, 1879

contained in some writing signed by him, would be such evidence as would take a suit upon the judgment without the operation of the statute of limitations, a point which we need not and do not decide in this case, we are clearly … Niblack,was appointed and qualified as administrator of the estate of said decedent, and had since been and then was the administrator of said estate.

Nova Records, Inc. v. Sendak

504 F. Supp. 938 · District Court, S.D. Indiana · Dec 9, 1980

DISCUSSION Various grounds for relief asserted by the. plaintiffs clearly lack merit under the facts and circumstances of this case and may be disposed of in more or less summary fashion. … Like the Model Act, they require that inanimate objects, in order to qualify as paraphernalia and therefore be both subject to control and the basis for imposition of criminal penalties, be used, intended for use, designed

Ford v. Marion County Sheriff's Department

270 F. Supp. 3d 1059 · District Court, S.D. Indiana · Sep 20, 2017

Refusing to promote and/or transfer Ford to positions for which she was well-qualified; and c. … Her testimony clearly indicates that she did not believe the MCSO was required to continue to look for other positions for Ford once she was placed in a position that she could perform with the accommodations she was given

GEORGE v. INDIANA GAMING COMMISSION

District Court, S.D. Indiana · Sep 24, 2020

To establish a prima facie case of race discrimination in a failure to promote context, the plaintiff must show: (1) he is a member of a protected group; (2) he was qualified for the position sought; (3) he was rejected … does not constitute evidence of pretext unless those differences are so favorable to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly better qualified

Collins v. State

275 Ind. 86 · Indiana Supreme Court · Jan 26, 1981

Thus, the charge in the information did include the crime of which defendant was eventually convicted, and the relevancy of the exhibit is established. … The evidence produced here was clearly enough to withstand the motion.

Stephenson v. State

110 Ind. 358 · Indiana Supreme Court · Apr 19, 1887

The case cited by the author does not hold that the strength,, or relative strength, of a person may be established by the opinions of witnesses. … That section, as its terms clearly show, has reference exclusively to civil causes. It has no reference whatever to criminal causes.

In the Matter of: G.T., T.H., M.H., and M.C., Children in Need of Services, and A.C. (Mother) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jul 24, 2019

We will set aside the trial court’s judgment only if it is clearly erroneous. Id. … A judgment is clearly erroneous if the findings do not support the trial court’s conclusions or the conclusions do not support the judgment. Id.

Evans v. U.S. Department of the Interior

135 F. Supp. 3d 799 · District Court, N.D. Indiana · Sep 28, 2015

Bremer’s declaration doesn’t establish a sufficient basis-/to support his inferences. … Because these introductory paragraphs qualify the entire declarations, Ms.

Barbara Laskowski v. Amer Kazi, M.D.

Indiana Court of Appeals · Jul 16, 2013

Generally, in order to establish a claim of medical malpractice, the plaintiff must establish by expert medical testimony (1) the applicable standard of care required by Indiana law, (2) how the defendant … There, we noted that, under Rule 702, a witness may be qualified as an expert by virtue of “knowledge, skill, experience, training, or education,” and only one of these characteristics is necessary to qualify an individual

State v. Tuesburg Land Co.

61 Ind. App. 555 · Indiana Court of Appeals · Jun 25, 1915

Every section line indicated on said government plat, when referred to in the field notes as running from an established corner in any direction to a point where there is no established corner, is made to terminate at a point … It would seem from the plat and the field notes that the sections and divid *585 ing lines were clearly marked off and posts set. The ease is similar to Kean v. Roby [1896], 145 Ind. 221 , 42 N.

In Re ET

787 N.E.2d 483 · Indiana Court of Appeals · May 7, 2003

An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and circumstances before the court. Id. II. … conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony or affidavit of the custodian or other qualified