Case law

Keith D. Harper v. S&H Leasing LLC

Indiana Court of Appeals · Apr 24, 2025

We must therefore hold that the court’s judgment that Harper had committed conversion was clearly erroneous. … action under the operating agreements in effect at the time, it is clear that the court determined that Harper’s act of transferring a substantial amount of money from the LLCs for his personal use did not qualify

Northern Indiana Public Service Co. v. Bolka

693 N.E.2d 613 · Indiana Court of Appeals · Apr 8, 1998

conflicting claims with other members of the class; 2) the named representative must have a sufficient interest in the outcome to ensure vigorous advocacy; and 3) counsel for the named plaintiff must be competent, experienced, qualified … It is imperative to note that in adopting the use of collateral estoppel without regard to concerns of privity and mutuality, our Supreme Court clearly subjects employment of the doctrine to the requirements of the United

Robert Coleman v. State of Indiana

Indiana Court of Appeals · Jun 30, 2020

[10] During the September 2019 sentencing hearing, Coleman’s counsel asked to make a “statement” in which he argued that the evidence was insufficient and that “saliva does not qualify as bodily waste … “[D]ue process requires that a penal statute clearly define its prohibitions.” Id. (internal quotation marks and citations omitted).

In Re Greenwood Air Crash

924 F. Supp. 1518 · District Court, S.D. Indiana · Feb 3, 1995

At that time, Fritz clearly knew the location, speed, and altitude of the Saratoga and its position relative to its declared destination of the Greenwood Airport. … This section establishes a duty to issue a safety alert to aircraft under the ATC’s control.

Stone-Bey v. Swihart

898 F. Supp. 1287 · District Court, N.D. Indiana · Sep 22, 1995

Thus, if Stone-Bey fails to establish the absence of a genuine factual issue, the motion must be denied even if Swihart or Barnes present no evidence. Bailey v. … Voice stress analysis results are clearly admissible for corroboration in prison disciplinary hearings, See Lenea v.

Dickinson v. Indiana State Election Board

817 F. Supp. 737 · District Court, S.D. Indiana · Dec 8, 1992

Prevailing Parties Threshold The plaintiffs here easily qualify as “prevailing parties.” … The remainder of the requested amount — $262.69—qualifies for out-of-pocket treatment under § 1988.

Woodward Insurance, Inc. v. White

437 N.E.2d 59 · Indiana Supreme Court · Jul 19, 1982

It clearly states that after leaving the agency, the employee was not to take part in the insurance business in Monroe County for a period of five years. … Inasmuch as White could have been fired at any time for any reason by Woodward, who would have been immune from liability, any consideration received by White in the form of continued employment, at the time the contract

ROSS v. CARTER

District Court, S.D. Indiana · Mar 31, 2022

"[A] preliminary injunction is an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it." Orr v. … SORNA established three tiers of sex offenders with escalating reporting requirements.

Trueblood v. State

715 N.E.2d 1242 · Indiana Supreme Court · Sep 9, 1999

He argues that PTSD diminishes his ability to concentrate and think clearly and profoundly impacts his ability to trust individuals. … The affidavit clearly indicates that this request was in addition to any request to visit the cemetery.

PAYNE v. CAMPBELL

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

Payne's Complaint establishes that she learned of the alleged constitutional violation no later than May 1, 2017, but she did not file her Complaint until July 11, 2019. [Filing No. 12 at 7 (citing Filing No. 1).] … Payne to an accurate crash report and that Defendants are entitled to qualified immunity. [Filing No. 17 at 6-10.] C.

Grothe v. Herschbach

153 Ind. App. 224 · Indiana Court of Appeals · Sep 5, 1972

Trial Rule 65 embodies the historic rule as set forth in the Lemon case, supra, and clearly makes temporary relief available to any party that can bring itself within the meaning of the rule. … is granted from the judge or county within the prescribed period, as stated above, a request for a change of judge or county may be made by a party still entitled thereto within ten [10] days after the special judge has qualified

Ocasio v. Turner

19 F. Supp. 3d 841 · District Court, N.D. Indiana · May 14, 2014

Feb. 15, 2012) (“[T]he existence of public records such as court documents cannot be used to establish any disputed facts.” (citing Indep. … In addition, [a] lawsuit filed against an employee personally must allege that an act or omission of the employee that causes a loss is: (1) criminal; (2) clearly outside the scope of the employee’s employment; (3) malicious

Bemenderfer v. Williams

720 N.E.2d 400 · Indiana Court of Appeals · Dec 2, 1999

However, Williams would be required to establish dependency, not merely a financial loss. … The statute is clearly to the contrary, and even if Hoy's death leaves Williams as a surviving dependent child beneficiary eligible to recover, she may do so only if she proves dependency.

Hart v. Prestress Services Industries, LLC

District Court, N.D. Indiana · Mar 2, 2020

Plaintiff asserts that his ADA discrimination claim must proceed to trial because he was a qualified individual with a disability, he can establish a prima facie case … However, the Seventh Circuit has also stated, rather categorically, that the “[i]nability to work for a multi-month period” precludes a person from establishing that they are a qualified individual under the ADA.

Gonzales v. North Tp. of Lake County

800 F. Supp. 676 · District Court, N.D. Indiana · Jul 28, 1992

Moreover, this Court finds Jacquet is not qualified as an expert based on the credentials provided in her letter. … Establishment Clause Claim Appleman claims that the continued presence of the Monument in the Park violates the Establishment Clause of the First Amendment because the crucifix on the Monument is clearly a religious symbol

Kunkle v. Holcomb

District Court, N.D. Indiana · Apr 4, 2022

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 … Kunkle next complains that his clearly marked outgoing legal mail to his criminal attorney was opened outside of his presence and the contents shared with 1 Mr.

Smith v. Delta Tau Delta

988 N.E.2d 325 · Indiana Court of Appeals · May 8, 2013

An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances supporting the judgment for relief. Id. … An unsworn statement or unverified exhibit does not qualify as proper evidence. Kronmiller v. Wangberg, 665 N.E.2d 624, 627 (Ind.Ct.App.1996).

Matter of Hunt's Health Care, Inc.

161 B.R. 971 · United States Bankruptcy Court, N.D. Indiana · Sep 28, 1993

Once the reasonable hourly rate and the number of reasonable hours have been established and the resulting lodestar calculated, the Supreme Court has “established a ‘strong presumption’ that the lodestar represents the ‘reasonable … As a result, a perceived stigma arose that only less qualified counsel in the bankruptcy bar worked for debtors due to the reduced compensation.

Indiana Civil Rights Commission v. Wellington Village Apartments

594 N.E.2d 518 · Indiana Court of Appeals · Jul 2, 1992

Clearly, this provided Jaenicke, a white, a better opportunity to rent an apartment at Wellington than Johnson, a black, particularly considering the first come, first served practice. 29. … They are, therefore, conclusively established. TR. 36(B). 3 Jaenicke thought she'd said H-17.

Indiana Port Commission v. Bethlehem Steel Corp.

534 F. Supp. 858 · District Court, N.D. Indiana · Apr 14, 1981

This context and history clearly show that Congress was directing that the Federal Government not charge tolls, and was not addressing the power of the States. … The provision of the tariff establishing the liability of agents is entitled to the same deference as the establishment of the Charge itself. For the reasons stated, it too should be upheld.