Case law

Hopper v. Carey

716 N.E.2d 566 · Indiana Court of Appeals · Sep 24, 1999

In Mays , the court upheld a jury instruction that failure to use a seatbelt established the defense of contributory negligence. … Allowing evidence of Hopper’s failure to wear a seatbelt to establish contributory negligence would do just that. 3.

Ganus v. Carter

District Court, N.D. Indiana · Jun 24, 2019

Creasy failed to recognize that the deadline for the filing of a petition for transfer was established by the Indiana Rules of Appellate Procedure, not by a court order. Mr. … While there are exceptions to Eleventh Amendment immunity, none are applicable here. See MCI Telecommunications Corp. v. Ill.

Martinez

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

To establish liability under the Eighth Amendment, a prisoner must show: (1) his medical need was objectively serious; and (2) the defendant acted with deliberate indifference to that need. Farmer v. … A preliminary injunction is a “very far-reaching power, never to be indulged in except in a case clearly demanding it.” Cassell v. Snyders, 990 F.3d 539, 544 (7th Cir. 2021) (quoting Orr v.

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.

Biglands v. Raytheon Employee Savings & Investment Plan

801 F. Supp. 2d 781 · District Court, N.D. Indiana · Jul 12, 2011

Clearly, Biglands cannot avoid the arbitrary and capricious standard by pleading around it. … The Plan denied Big-lands’ claim on June 28, 2004 and never used any “if’ or “then” conditional qualifying language.

Kestler v. State

227 Ind. 274 · Indiana Supreme Court · Apr 6, 1949

But it is clearly apparent that the impact of these prejudicial errors have so distorted the issues under the evidence that the substantial rights of the appellant to a fair and impartial trial were destroyed. … This instruction failed to state what may be “qualifying facts,” and was a mandatory misstatement of a rule permitting an inference of fact to be drawn by the jury. See McHargue v.

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.

John H. Mooney, as Special Administrator of the Estate of Joseph S. Mooney v. Anonymous M.D. 4, Anonymous M.D. 5, and Anonymous Hospital

991 N.E.2d 565 · Indiana Court of Appeals · Jun 12, 2013

Because there was no schedule established in this case, there is no evidence that Mooney failed to comply with a submission schedule. … But Young had not qualified her agreement in those terms, and the context of the correspondence among the parties shows otherwise.

Walker v. Hyatte

District Court, N.D. Indiana · Sep 12, 2022

§ 1915A, the court must screen the amended 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 … Walker did not list Sergeant Beane in the section where he is asked to identify the defendants, but he clearly indicates that he is suing four defendants and includes specific allegations about Sergeant Beane violating

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

Wyninger v. New Venture Gear, Inc.

245 F. Supp. 2d 976 · District Court, S.D. Indiana · Feb 5, 2003

Brief, p. 9, but none of her evidence qualifies as direct evidence. … Wyninger alleges that Joe Crouch "qualifies” as a supervisor. PI. Opp. Brief, p. 29.

Charles D. Burrage v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 9, 2018

FILED this Memorandum Decision shall not be Oct 09 2018, 6:16 am regarded as precedent or cited before any CLERK court except for the purpose of establishing … Burrage waived his right to further proceed with the jury trial and admitted to a prior qualifying felony required to prove he was a serious violent felon in possession of a firearm.

Midwest Title Loans, Inc. v. Ripley

616 F. Supp. 2d 897 · District Court, S.D. Indiana · Mar 24, 2009

That transaction at that point was completed and it clearly occurred within Illinois where loan documents were signed and Midwest Title had tendered a loan payment in exchange for a promise to repay. 9 Pursuant to established … In addition, Midwest Title’s losses are not recoverable against the State because the 11th Amendment’s doctrine of sovereign immunity bars suits for money damages against a state in federal court. Wynn v.

City of Gary v. Enterprise Trucking & Waste Hauling

846 N.E.2d 234 · Indiana Court of Appeals · Apr 12, 2006

Plaintiff's contract to perform C & D hauling and disposal services was the result of a public bid process which invited other qualified companies to bid on the C & D work, as well as, the hauling and disposal of concrete … Normally, when the appellee does not file a brief, we apply a less stringent standard of review and may reverse the trial court when the appellant establishes prima facie error. Id.

Williams v. Maksyn

District Court, N.D. Indiana · Oct 30, 2023

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 … “Incarcerated people have a clearly established right to be free from physical harm inflicted by others in the institution.” Kemp v. Fulton Cnty., 27 F.4th 491, 494 (7th Cir. 2022) (citing Farmer v.

Samuel E. Pentecost Construction Co. v. O'Donnell

112 Ind. App. 47 · Indiana Court of Appeals · Mar 6, 1942

It is clearly negligence on the part of any one, whether stranger, invitor, or employer, with knowledge of what is to be done, to maintain a place which is not reasonably safe, in view of the activities and operations therein … In considering the question as to whether or not the verdict of the jury is sustained by sufficient evidence, we are guided by the' established rule that only the evidence favorable to appellee will be considered.

Watson v. Thibodeau

559 N.E.2d 1205 · Indiana Court of Appeals · Sep 20, 1990

The power of a court to issue a mandatory injunction as a means of enforcing restrictive covenants is well established. Highland v. Williams (1975), 166 Ind.App. 492 , 336 N.E.2d 846, 847 . … Even though the Watsons have prosecuted their appeal pro se, that is, on their own without being represented by counsel, they must comply with all the rules of appellate procedure just the same as a qualified attorney is

Young v. General Acceptance Corp.

738 N.E.2d 1079 · Indiana Court of Appeals · Nov 22, 2000

The Stockholders’ Agreement was entered into for the purpose of establishing the composition of GAC’s Board of Directors, limiting the manner by which the Algood defendants’ stock could be transferred, and establishing the … Gabhart, 267 Ind. 370 , 370 N.E.2d 345 (1977), to establish the exclusive remedy only for mergers with a “valid purpose.”

Data Research & Handling, Inc. v. Vongphachanh

310 F. Supp. 3d 956 · District Court, N.D. Indiana · Feb 27, 2018

There are sufficient contacts with the state, and sufficient malfeasance alleged to qualify and expose NAR to specific jurisdiction of the forum. Id. , p. 12. … contacts in the other party's home forum, we believe the answer clearly is that it cannot"); Kulko v.

WARE v. WILLIAMS

District Court, S.D. Indiana · Jul 13, 2023

Standard When screening a complaint, the Court must dismiss any portion that is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune … Biggs, 43 F.4th 732, 736 (7th Cir. 2022) ("It is clearly established that '[a]n officer who is present and fails to intervene to prevent other law enforcement officers from infringing the constitutional rights of citizens