Case law

Westwood Veterinary Clinic LLC v. Amber Blackburn

Indiana Court of Appeals · Dec 31, 2025

Westwood argues that Blackburn’s verified counterclaim did not qualify as an affidavit and, thus, was not properly designated under Trial Rule 56. … “An abuse of discretion occurs when the court’s decision either clearly contravenes the logic and effect of the facts and circumstances or misinterprets the law.” Id.

Bledson v. United States

District Court, N.D. Indiana · Nov 1, 2022

So Bledson misreads Ruth when he argues that the decision establishes that his Illinois conviction does not qualify as a career offender predicate under 6 … Bledson’s motion clearly relies on Ruth in support of his argument that his Illinois Unlawful Possession conviction does not qualify as a career offender predicate under the Guidelines. [DE 46-1 at 1, 2.]

Cencelewski v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 26, 2019

Plaintiff suffers from post-traumatic stress disorder (“PTSD”), memory loss, repressed immune system, sleep apnea, gastrointestinal problems, back pain, joint soreness, and high cholesterol. … Additionally, the ALJ does not explain clearly how the limitations opined by Dr. Rabin exceed the isolated work and positive supervisor limitations.

Estate of Eiteljorg Ex Rel. Eiteljorg v. Eiteljorg

813 F. Supp. 2d 1069 · District Court, S.D. Indiana · Sep 27, 2011

The JN Trust became a qualified terminable interest property trust upon Harrison’s death, with Sonja as its lifetime income beneficiary and Nick and Jack as remaindermen. Id. ¶8. … Here, the survivor was Sonja, whose July 1, 2003 death clearly transpired after the Key Date.

Lile v. Tippecanoe County Jail

844 F. Supp. 1301 · District Court, N.D. Indiana · Feb 28, 1992

State or Territory or the Dis *1306 trict of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Because the evidence fails to show that any of those defendants were personally involved in the fire incident, they are clearly entitled to judgment as a matter of law on this issue.

Hamilton v. Lake Minnehaha Owners Association, Inc.

District Court, N.D. Indiana · Aug 24, 2022

Although she claims she was well-qualified for the job, it was given to somebody else with no experience in the area and who had a criminal history of embezzlement. Id. … for failing to establish that either one was engaged in any conduct relating to Hamilton.

Union Carbide Corp. v. State Board of Tax Commissioners

161 F.R.D. 359 · District Court, S.D. Indiana · Dec 8, 1993

To the extent that property values are relevant in this case— e.g., in order to establish the . … Burlington-Blackfeet, 924 F.2d at 901 n. 2 (the issue before the court was whether sovereign immunity barred the suit).

Herzog

District Court, N.D. Indiana · Oct 10, 2025

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 … In determining whether an action could qualify as an adverse act, the court applies an objective standard, inquiring whether the alleged deprivation would likely deter “a person of ordinary firmness” from continuing to

LEWIS v. HENDERSON

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

However, according to well-established precedent, the Fourteenth Amendment is not a "font of tort law to be superimposed upon whatever systems may already be administered by the States." Paul v. … Here, Officer Henderson's conduct is clearly less outrageous: he was not driving through a residential area at speeds greatly exceeding the limit, and he was merging onto an on-ramp to a major highway, which is not a place

City of Indianapolis v. Nickel

165 Ind. App. 250 · Indiana Court of Appeals · Jul 31, 1975

The remonstrators also presented the live testimony of a qualified appraiser who stated his opinion as to the value of the remonstrators’ various parcels before and after the installation of the sewers. … However, the law regarding the nature of such proceedings has been clearly established in this state by the decisions of this court. Upon this issue this court has stated: *264 “ ‘. . . In City of Elkhart v.

Brown v. Grzeskowiak

230 Ind. 110 · Indiana Supreme Court · Nov 8, 1951

We clearly are of the opinion that, under the circumstances, the appellee is not estopped to now deny the legality and validity of these ballots. See 20 Am. Jur., Evidence, §915, p. 771; 32 C. J. … The burden of establishing the invalidity of these 211 votes was upon the party contesting them, in this case the appellee.

Owner-Operator Independent Drivers Ass'n v. Mayflower Transit, Inc.

659 F. Supp. 2d 1016 · District Court, S.D. Indiana · Sep 15, 2009

It concludes, therefore, that each qualifies as a “substantial offer” under Moriarty. … The lodestar establishes the amount of hours reasonably required to prosecute this action.

Kenworth of Indianapolis, Inc. v. Seventy-Seven Limited

Indiana Supreme Court · Nov 12, 2019

First, the phrase “Kenworth Truck Company warrants directly to you” clearly qualifies as an explicit promise. … But that record citation—to an e-mail giving instructions on how to replace the engine mounts—did not establish when the engine mounts were replaced (or when Buyers learned of the breach).

Dewey v. Hershberger

District Court, N.D. Indiana · Mar 26, 2025

1915A, I 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 … The Establishment Clause, however, requires the jail to treat all religions equally, “except to the extent required by the exigencies of prison administration.” Johnson-Bey v.

State of Indiana v. John Buncich, in his capacity as Chairman of the Lake County Democratic Central Committee, Christine M. Russell, individually, Randolph Palmateer, individually

51 N.E.3d 136 · Indiana Supreme Court · Mar 22, 2016

At the time of the Statute’s enactment, 130 of Lake County’s 525 precincts qualified as small, more than double that of any other county. … Instead, the statute comes before us afresh, “clothed with the presumption of constitutionality until clearly overcome by a contrary showing.” Id. (quoting Boehm v. Town of St. John, 675 N.E.2d 318, 321 (Ind. 1996)).

Keith Eller, Nathaniel Hall, and Jeffrey Tatum v. City of Gary, Gary Police Civil Service Commission, and Vergie Thornton

Indiana Court of Appeals · Nov 21, 2013

Appellants have wholly failed to establish that this process violates the Rules or Ordinance 5881, as amended. … As set out above, they clearly had this right under the Rules. Hall and Tatum were provided an appeal to the Commission; Eller was not.

Lake Erie & Western Railroad v. Huffman

177 Ind. 126 · Indiana Supreme Court · Feb 13, 1912

It is well settled that the trial court may use its discretion in granting or refusing permission to amend the pleadings, and that this court will not interfere, unless it is clearly shown that there has been an abuse of … Huffman and for the purpose of qualifying it for admission in evidence. For this purpose they were admissible.

Games v. State

684 N.E.2d 466 · Indiana Supreme Court · Dec 23, 1997

It is important to recognize that not all errors are fundamental errors: To qualify-as ‘fundamental error,’ the error must be a substantial blatant violation of *473 ■ basic principles rendering the trial unfair to the defendant … The rule of statutory construction noted in Whalen is not a constitutional rule requiring courts to negate clearly expressed legislative intent. Hunter, 459 U.S. at 368 , 103 S.Ct. at 679 , 74 L.Ed.2d at 543-44 . .

Harris v. State

824 N.E.2d 432 · Indiana Court of Appeals · Mar 28, 2005

Moreover, the State clearly confirmed at the hearing on Harris' motion to dismiss that it is the policy of this particular prosecutor's office that a waiver be requested in any juvenile case where the offense is murder and … However, the impact on others may qualify as an aggravator in certain cases. Id.

Pamela A. Thompson v. Carroll E. Thompson

Indiana Court of Appeals · Mar 27, 2013

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of Mar 27 2013, 8:35 am establishing … On review, we do not set aside the trial court’s findings or judgment unless clearly erroneous.