Case law

Sharon Wright and Leslie Wright v. Anthony E. Miller, D.P.M. and Achilles Podiatry Group

Indiana Court of Appeals · Apr 5, 2012

Jerome Bagner was identified as a potential qualified expert witness on December 17, 2010, and Wright’s counsel submitted the evidentiary material to him for review. Dr. … App. 1993), reh’g denied, trans. denied), dismissal is not clearly against the logic and effects of the facts and circumstances before the trial court.

HALE v. REAGLE

District Court, S.D. Indiana · Dec 29, 2022

Clearly established federal law "includes only the holding, as opposed to the dicta, of [the Supreme] Court's decisions." Woods v. Donald, 575 U.S. 362, 405−06 (2015). … No reasonable jurist could conclude that the Indiana Court of Appeals decision "was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United

Citizens Action Coalition of Indiana, Inc. v. PSI Energy, Inc.

894 N.E.2d 1055 · Indiana Court of Appeals · Oct 16, 2008

We noted that Ind.Code § 8-1-2-6 is used in rate proceedings to “establish a level of rates and charges sufficient to permit the utility to meet its operating expenses plus a return on investments which will compensate its … The Commission’s findings and conclusions on this issue are not clearly erroneous. IV. The final issue is whether Ind.

Doe

District Court, N.D. Indiana · Dec 22, 2025

Rule 45 states that a motion to quash a subpoena must be “timely,” though without establishing an explicit deadline. Fed. R. Civ. P. 45(d)(3)(A). Courts have developed two different standards to assess timeliness. … The court appreciates that this may not have been worded as clearly as she might like or as clearly as it could have been, but its import remains spot on.

Anthony L. Elrod v. Raymond C. Bauman (mem. dec.)

Indiana Court of Appeals · Oct 31, 2019

We will not set aside the judgment unless it is clearly erroneous. Id. … Conclusion [42] Elrod has not established that he was denied due process under the United States Constitution or the Indiana Constitution.

Peck v. City of Michigan City

149 Ind. 670 · Indiana Supreme Court · Mar 9, 1898

In the first of the above-cited cases, a case in all respects like the present, the liability is clearly shown. … No authority has been cited to sustain that position, nor is it reconciliable with the well established doctrine of the common law.

Carter v. State

424 N.E.2d 1047 · Indiana Court of Appeals · Aug 20, 1981

Officer Basiger was properly qualified as an expert witness. He was therefore properly permitted to state his opinion of excessive speed. … His opinion clearly represents the minority view of the Supreme Court, and of the Illinois Supreme Court. See, People v.

Turner v. Board of Aviation Commissioners

743 N.E.2d 1153 · Indiana Court of Appeals · Feb 14, 2001

The party moving for summary judgment must shoulder the burden of establishing the lack of a material factual issue. Estate of Taylor v. Muncie Med. Investors, L.P., 727 N.E.2d 466, 469 (Ind.Ct.App.2000). … The first statute, Ind.Code § 22-13-2-5, provides, in relevant part: "[aln ordinance or other regulation adopted by a political subdivision that qualifies as a fire safety law or a building law is not effective until it is

Darrick Scott and Paul A. Watson v. City of Terre Haute

Indiana Court of Appeals · Mar 6, 2012

Scott and Watson asserted that as merit captains, they were the only persons qualified to hold the position of battalion chief and should have been appointed to those posts. … The first step in statutory interpretation is determining if the promulgating authority has spoken clearly and unambiguously on the point in question. Id.

United States v. Tolson

760 F. Supp. 1332 · District Court, N.D. Indiana · Mar 19, 1991

Tolson has not shown, by a preponderance of the evidence, that he has clearly demonstrated acceptance of responsibility for his offense of conviction. … Delvecchio, 920 F.2d 810, 813 (11th Cir.1991) (error to sentence defendant as if career offender simply because he came close to qualifying).

Tammy Webber v. Kenneth Kuebler Heating & Air Conditioning, Inc. (mem. dec.)

Indiana Court of Appeals · Oct 24, 2019

This NORDYNE equipment and/or NORDYNE accessories must be installed by a licensed or otherwise qualified dealer or contractor and must be installed in accordance with NORDYNE’S installation … Challengers must establish that the trial court’s findings are clearly erroneous.

HOTEP-EL v. CARTER

District Court, S.D. Indiana · Jan 19, 2021

In order to invoke the protections of the due process clause, a litigant must first establish the existence of a liberty or property interest. … The Seventh Circuit has clearly indicated that a prisoner has no property or liberty interest in prison employment. Wallace v.

CUNNINGHAM v. AUSTIN

District Court, S.D. Indiana · Dec 1, 2023

It is well-established that an employer may hire someone it believes is best qualified for a position. Scruggs v. … Cunningham has not produced evidence to show that she was either clearly or significantly better qualified than Mr. Griffin.

Johnson v. Hershberger

District Court, N.D. Indiana · Aug 16, 2023

. § 1915A, the court must screen the complaint (ECF 1) and dismiss it if it 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 … Bend, 997 F.3d 725, 733 (7th Cir. 2021) (pointing to “a few sporadic examples of an improper behavior” is not enough to establish an official custom under Monell).

Terry McMillian v. Donna McMillian

Indiana Court of Appeals · Jan 14, 2015

“We will disregard a finding only if it is clearly erroneous, which means the record contains no facts to support it either directly or by inference.” Id. … App. 2013) (discussing use of qualified domestic relations order for payment of pension benefits divided years earlier in dissolution decree), trans. denied. 10

Campbell Hausfeld/Scott Fetzer Company v. Paul Johnson

90 N.E.3d 1205 · Indiana Court of Appeals · Dec 29, 2017

Hausfeld’s additional blanket challenge to Johnson’s designated evidence, which is improperly raised for the first time in its appellate reply brief. 3 Campbell Hausfeld argues that Sonenthal is not qualified … Johnson clearly disregarded this warning.

Elliott v. Metropolitan Life Insurance

116 Ind. App. 404 · Indiana Court of Appeals · Feb 11, 1946

Lewis and is now the duly qualified and acting administratrix of said estate. That at the time of the death of Brinley W. … We believe that it is clearly apparent from a reading of the foregoing facts as found by the court that the decision of the court was rendered upon the second paragraph of the cross-complaint of appellee administratrix.

Potter v. ICI Americas, Inc.

103 F. Supp. 2d 1062 · District Court, S.D. Indiana · Oct 4, 1999

These averments do not qualify even as the “bare assertions” found suffi- *1067 dent in Wilczynski, Adamczyk, Allen, and Tarver . … Clearly, the process encourages “private rather than judicial resolution” of disputes. Kross, 701 F.2d at 1246 .

Thomas Walker v. State of Indiana

Indiana Court of Appeals · Jan 29, 2014

These actions establish at least some capacity for rational and reflective thought immediately after the event. … Additionally, while establishing at least a marginally heightened state of excitement, Officer Alexander’s description of Blackwell’s demeanor falls far short of establishing the extreme and continuing stress needed when

Grand Trunk Western Railway Co. v. Thrift Trust Co.

68 Ind. App. 198 · Indiana Court of Appeals · Apr 6, 1917

Appellant directs our attention to a statement in our original opinion which should be qualified, as will appear from what follows. … It thus clearly appears from these answers that whatever was done by decedent which could have constituted contributory negligence must have been done during the period intervening between the time he,got on said car- and