Case law

5200 Keystone Ltd. Realty, LLC v. Filmcraft Laboratories, Inc.

30 N.E.3d 5 · Indiana Court of Appeals · Apr 14, 2015

KLR contends the trial court erred in sustaining the objection. [15] Indiana Evidence Rule 702 governs the admissibility of expert testimony, and provides as follows: (a) A witness who is qualified as an expert by knowledge … contamination of the Site. [27] When reviewing a ruling on a T.R. 41(B) motion to dismiss, we apply the following standard of review: The grant or denial of a motion to dismiss made under Trial Rule 41(B) is reviewed under the clearly

GOLLIDAY v. WELLS

District Court, S.D. Indiana · May 7, 2025

As a practical matter, there are not enough lawyers willing and qualified to accept a pro bono assignment in every pro se case. See Olson v. … He clearly can write and understand English at a high level. Furthermore, this case is at a very early stage, with the Court just now screening Mr. Golliday's original complaint.

Chubb Custom Insurance Company v. Standard Fusee Corporation

2 N.E.3d 752 · Indiana Court of Appeals · Jan 23, 2014

Even if a tort plaintiff does not allege facts which clearly bring the claim within the policy coverage, the insurer still must defend if there is a potentiality that the claim could be covered by the policy. … As such, perchlorate qualifies as a pollutant under the contractual definition of the pollution exclusion clause.

Morthland v. Lincoln National Life Insurance Co.

220 Ind. 692 · Indiana Supreme Court · Jun 9, 1942

The said Morthland was appointed and qualified as such trustee and as such filed exceptions to the 1937 annual report filed by the Lincoln, to which exceptions the Lincoln filed a reply. … This provision of the reinsurance contract clearly contemplated that there would be some Northern States policies rewritten by the Lincoln, and nothing in this provision prohibits such rewriting.

Bandemer v. Davis

603 F. Supp. 1479 · District Court, S.D. Indiana · Dec 13, 1984

The Bandemer plaintiffs clearly belong to a politically salient class, those who align themselves with the Democratic Party. … These minor deviations clearly pass muster under article I, section 2. Brown v.

SCHROCK v. INDIANA DEPARTMENT OF CORRECTIONS (IDOC)

District Court, S.D. Indiana · Jan 6, 2025

Schrock discusses it in his briefing, any Monell claim against IDOC was dismissed at screening because the IDOC is immune to damages under the Eleventh Amendment. … Schrock has not established that he has a disability that substantially limits a major life activity.

Thornton v. Arnold

District Court, N.D. Indiana · Oct 31, 2022

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 … Clearly Thornton was not satisfied with the investigation and wanted more done.

Lake County Rehabilitation Center, Inc. v. Shalala

854 F. Supp. 1329 · District Court, N.D. Indiana · Jun 10, 1994

As a preliminary injunction is an extraordinary remedy, it should only be granted in a ease where a plaintiff has clearly established his burden of persuasion as to all the prerequisites. Lasco v. … The undisputed facts clearly reveal that the state terminated Plaintiffs Medicaid participation.

Creighton v. Sullivan

798 F. Supp. 1359 · District Court, N.D. Indiana · Aug 28, 1992

Creighton must be “disabled” in order to qualify for the benefits he requests. … The medical evidence establishes that Mr.

State Automobile Ins. Co., Meridian Security Ins. Co., and Indiana Farmers Mutual Ins. Co. v. DMY Realty Co., LLP and Commerce Realty, LLC

977 N.E.2d 411 · Indiana Court of Appeals · Oct 23, 2012

An abuse of discretion occurs if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before it, or the reasonable, probable, and actual inferences and deductions drawn therefrom … “Indiana Evidence Rule 702 requires that an expert be qualified as such by his knowledge, skill, experience, training, or education.” Armstrong, 775 N.E.2d at 366.

Bill Musgrave v. Squaw Creek Coal Co. and Indiana Dept. of Natural Resources

Indiana Court of Appeals · Mar 21, 2012

The ALJ’s decision was clearly based upon two separate but individually sufficient grounds. … The definition of non-coal wastes clearly refers to wastes that were generated during surface mining activities.

MANN v. DANIELS

District Court, S.D. Indiana · Nov 2, 2020

Warden Daniels also contends that he is entitled to qualified immunity. … clearly constitutes serious harm.").

Hayden Nix v. State of Indiana

Indiana Court of Appeals · Jun 14, 2023

“The petitioner has the burden of establishing his grounds for relief by a preponderance of the evidence.” P-C.R. 1(5). … Accordingly, the post-conviction court did not clearly err in declining to set aside Nix’s guilty plea as involuntary.

Martinez

District Court, N.D. Indiana · Jul 24, 2026

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 … 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.

Naked City, Inc. v. State

460 N.E.2d 151 · Indiana Court of Appeals · Jan 26, 1984

In ruling against the defendant's motion to dismiss, the court commented: "A refusal to furnish medical care when it is clearly necessary ... could well result in the deprivation of life itself; . plaintiff suffered paralysis … Drost established at the sentencing hearing his apparent need for extraordinary medical care and the life-threatening consequences of its denial or delay.

City of Shelbyville v. MORTON, ETC.

138 Ind. App. 460 · Indiana Court of Appeals · Jul 7, 1965

Appropos to the question and clearly applicable here are the observations *476 made by the court in The City of Columbus v. Strassner (1890), 124 Ind. 482 , 25 N. … We find no established error in the giving of said Instruction No. 2.

Bush v. Washington National Insurance

534 N.E.2d 1139 · Indiana Court of Appeals · Mar 9, 1989

The burden of establishing an absence of any genuine issue rests with the moving party, and any doubt must be resolved in favor of the opposing party. Wingenroth v. … Using the broadest terms possible, it clearly states that anyone with other health or medical insurance is excluded from coverage. This exclusion is incorporated in the policy itself.

Templeton Coal Co., Inc. v. Shalala

882 F. Supp. 799 · District Court, S.D. Indiana · Apr 4, 1995

of a due process violation to establish that the legislature has acted in an arbitrary and irrational way. … In return, such operators benefitted from the existence of a qualified work force.

Myers v. Greater Clark County School Corp.

464 N.E.2d 1323 · Indiana Court of Appeals · Jun 18, 1984

surely should be compelled to hold that such action by the person interested would be a condition precedent to his being legally appointed as a teacher or to his becoming a permament teacher, even though such a result would qualify … The underlined portion of the above quote clearly supports a mandatory construction in the present case, for it uses the word "unless" and suggests that a mandatory interpretation would result if the burden of obtaining the

Kruse, Kruse & Miklosko, Inc. v. Beedy

170 Ind. App. 373 · Indiana Court of Appeals · Aug 24, 1976

Dempsey died, leaving the Union Commerce Bank of Cleveland, Ohio, as the duly qualified and acting Special Administrator-Executor of his estate. Prior to September 1, 1970, plaintiff Raymond H. … We turn, therefore, to the question of whether the finding that such words were intended as a reference to appellants was clearly erroneous.