Case law

STATE EX REL. FOX, ETC. v. LaPORTE CIR. CT.

236 Ind. 69 · Indiana Supreme Court · Dec 17, 1956

On June 1, 1955, the defendant filed an affidavit for a change of venue from the judge and respondent, Fleishbein, was subsequently selected and qualified. … Courts were established for the purpose of administering justice judicially, and it has been said that their powers are coequal with their duties.

THOMAS v. I.U. HEALTH RILEY CHILDREN'S HOSPITAL

District Court, S.D. Indiana · Jun 29, 2021

With respect to the first inquiry of the two-step test, Thomas clearly satisfied the "requisite skill, experience, education, and other job-related requirements" of the Surgical Nurse position in the Perioperative Department … In order for Thomas to establish a prima facie case of IU Health's failure to accommodate in accordance with the ADA, she must show that: (1) she is a qualified individual with a disability; (2) the employer was aware

RICHARDS v. ELI LILLY & COMPANY

District Court, S.D. Indiana · Mar 25, 2024

Richards alleges a common policy or plan of willfully promoting younger, less qualified employees over older, more qualified employees. … I believe I was qualified for the role and was passed over for a less qualified, younger applicant.

Wrinkles v. State

690 N.E.2d 1156 · Indiana Supreme Court · Dec 31, 1997

_6§- Shadrick’s testimony qualifies as hearsay to the extent it was offered to prove that Debbie was fearful of defendant, and we are unable to conclude that her state of mind was relevant to an issue in this case. … The trial court’s preliminary instructions to the jury clearly delineated the charges against defendant.

Department of Natural Resources v. Indiana Coal Council, Inc.

542 N.E.2d 1000 · Indiana Supreme Court · Aug 31, 1989

The difficulty has been in devising rules that establish a line between regulation that is permissible and that which "goes too far." … If this amounts to a heightened serutiny, it clearly extends only to situations where government requires an actual conveyance of property as a condition to removal of a land use restriction.

In Re Infant Girl W.

845 N.E.2d 229 · Indiana Court of Appeals · Apr 13, 2006

Adoption establishes a family unit, "`sever[ing] the child entirely from its own family tree and engraft[ing] it upon that of another.'" … The statute clearly does not contemplate an adoption with two adoptive fathers or two adoptive mothers.

Smith v. State

686 N.E.2d 1264 · Indiana Supreme Court · Oct 23, 1997

Accordingly, the court permitted Hicks to withdraw, as he was not qualified under Indiana Criminal Rule 24 to try a capital case, and appointed William G. Smock and Joseph K. Etling. … A defendant’s right to self-representation is firmly established in federal constitutional law. In the seminal case of Faretta v.

Rodney Melton v. State of Indiana

993 N.E.2d 253 · Indiana Court of Appeals · Aug 21, 2013

This Court observed that the decision in Riffel was “clearly based upon the fact that Riffel’s conduct occurred in a private forum, rather than a public forum” and held: Low correctly points out that if the statute … (2) that the matter was disseminated or displayed to or that the performance was performed before the recipient by a bona fide school, museum, or public library that qualifies

Vidhi, LLC v. Arch Insurance Company

District Court, N.D. Indiana · Aug 13, 2019

Hatfield may not qualify as impartial under the Appraisal Provision. … To establish Mr.

In re E.I.

653 N.E.2d 503 · Indiana Court of Appeals · Jul 21, 1995

Appellants argue that the guardian ad litem failed to establish the requisite elements for joinder of parties pursuant to T.R. 19(A)(1). … The scheme clearly reflects a legislative determination that CHINS eases are best handled at the county level on a county-by-county basis.

Community Pharmacies of Indiana, Inc. v. Indiana Family & Social Services Administration & Its Subdivision

816 F. Supp. 2d 570 · District Court, S.D. Indiana · Sep 14, 2011

Here, the size of the Fee Reduction clearly blindsided Indiana pharmacists. … While it may seem harsh, the Methodist and Gamer decisions clearly establish that the State should be given the opportunity to implement the Fee Reduction, police the situation, and adjust the formula as necessary to ensure

Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith v. Delta Tau Delta, Inc. and Beta Psi Chapter of Delta Tau Delta

Indiana Supreme Court · May 28, 2014

Clearly, the affidavit was not crafted to contradict any then-existing testimony from Rus- sell. … "Unsworn statements 5 and unverified exhibits do not qualify as proper Rule 56 evidence." Indiana Univ. Med. Ctr., Ri- ley Hosp. for Children v.

Grzan v. Charter Hospital of Northwest Indiana

702 N.E.2d 786 · Indiana Court of Appeals · Dec 11, 1998

For purposes of this appeal, it is undisputed that both Charter and Greer, as an employee of Charter, are qualified health care providers. See Ind.Code § 27-12-2-14. … Further, it is well established that our notice pleading rules do not require that the complaint state all the elements of a cause of action. Id.; see also State v.

United States v. Justice

881 F. Supp. 387 · District Court, S.D. Indiana · Dec 5, 1994

This matter is currently before the Court on the Defendant’s Motion to Suppress Testimonial and Physical Evidence, and he has signed a qualified plea that is conditioned on the outcome. *389 I. … First, any items which were found during the unlawful search of Justice’s van are clearly inadmissible as the fruit of the poisonous tree.

WESTFIELD INSURANCE COMPANY v. WILLIAM B. BURFORD PRINTING COMPANY, INC.

District Court, S.D. Indiana · Jun 15, 2020

Westfield vigorously contends that the Schedule establishes that Mr. … Burford Printing disagrees that the Schedule clearly establishes its rights as an insured.

Term. of the Parent-Child Rel. of: D.C., M.H., A.J., D.J., & J.J. (Minor Children), and M.H. (Mother) v. The Indiana Dept. of Child Services

Indiana Court of Appeals · Mar 15, 2013

TACDCS also learned that the three youngest children were behind in their immunizations, and there were no immunization records for the two older children. … In deference to the trial court’s unique position to assess the evidence, we will set aside the court’s judgment terminating a parent-child relationship only if it is clearly erroneous.

Kozma v. Medtronic, Inc.

925 F. Supp. 602 · District Court, N.D. Indiana · Apr 30, 1996

The application is referred to a panel of qualified experts who study the device and recommend its approval or disapproval. 21 U.S.C. § 360e(c)(2). … Mitchell clearly negates this argument.

Augustine

District Court, N.D. Indiana · Nov 3, 2025

John Police to know that he was autistic at the time of the arrest and Plaintiff has established no such facts. See Lacy v. … The issue of indemnification is not ripe until liability is established. 6 The Court notes that St.

Ferraro v. Humphrey

242 F. Supp. 3d 732 · District Court, N.D. Indiana · Mar 17, 2017

Accordingly, the Plaintiff cannot invoke the doctrine of collateral estoppel to establish liability for ANSC, Masco, and Old Republic. 3. … Insured means any person or organization qualifying as an insured in the Who is An Insured provision of the application coverage.

Indiana Department of Environmental Management v. NJK Farms, Inc.

921 N.E.2d 834 · Indiana Court of Appeals · Feb 18, 2010

First, the court noted that the AOPA "establishes the exclusive means for judicial review of an agency action." Id. at 474 (citing Ind.Code § 4-21.5-5-1). … Clearly, it is better for such issues to be presented in the typical administrative review process prior to consideration by the trial court.