Case law

Hobble by and Through Hobble v. Basham

575 N.E.2d 693 · Indiana Court of Appeals · Aug 5, 1991

"Drive or move" is clearly distinguishable from stopped and vending. The majority cites Cushman Motor Delivery Co. v. … NOTES [1] The provisions of § 116.16 establish the manner in which vending is permitted.

Edgeworth v. First National Bank of Chicago

677 F. Supp. 982 · District Court, S.D. Indiana · Jan 20, 1988

Edgeworth seeks to step into the position of the Trust and rely on the Trust’s shareholder status to establish the requisite standing to sue derivatively. … The provision of the contract upon which the defendants rely does not create a remedy; it only establishes a right.

WILDERNESS

District Court, S.D. Indiana · Jun 22, 2026

"[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. … Wilderness could establish irreparable harm, he has not established that he is likely to succeed on the merits. "A movant's showing of likelihood of success on the merits must be strong." Tully v.

Brett v. Goshen Community School Corp.

161 F. Supp. 2d 930 · District Court, N.D. Indiana · Sep 6, 2001

Dist., 202 F.3d 642 , 654 n. 13 (3d Cir.2000) (approving district court’s summary treatment of Rehabilitation Act claim based on analysis of IDEA claim because Rehabilitation Act claim was “clearly derivative” of the IDEA … So long as graduation qualified as free appropriate public education — and no reasonable jury could conclude otherwise — Defendants fulfilled their legal obligations to Brett. 4.

American Fletcher National Bank & Trust Co. v. American Fletcher National Bank & Trust Co.

161 Ind. App. 166 · Indiana Court of Appeals · Aug 6, 1974

Rosalind established for Barbara a trust with assets of approximately $275,000.00. Velma and Key were married in 1965 and lived as husband and wife until his death in 1971. … The will in the Whitman case contained language that is clearly distinguish *182 able from that involved in this case. 252 Ind. App. 669 , 251 N.E.2d at 672 .

Craig Sampson v. State of Indiana

Indiana Court of Appeals · Aug 18, 2014

An abuse of discretion occurs where the trial court’s decision is clearly against the logic and effect of the facts and circumstances before it. … Wood “has been qualified with her specialized training and knowledge,” and the trial court overruled defense counsel’s objections.

Hulman Foundation, Inc. v. United States

217 F. Supp. 423 · District Court, S.D. Indiana · Jul 27, 1962

January 20, 1956 provides that the same may be amended; and, WHEREAS, It has been determined by the parties hereto that it would be desirable and in the best interest of said Trust to amend said Trust Instrument so as to more clearly … It is the wish and aim of the Donor of this Trust, by the establishment of this Trust, to establish and maintain a place of meeting and assembling primarily for the use of educational, charitable and scientific organizations

Shell Oil Co. v. Meyer

684 N.E.2d 504 · Indiana Court of Appeals · Aug 19, 1997

A- judgment is clearly erroneous if not supported by the conclusions of law. Conclusions of law are clearly erroneous if unsupported by the findings of fact. Hvidston v. Eastridge, 591 N.E.2d 566, 568 (Ind.Ct.App.1992). … A petroleum release is not affected by CERCLA, because .petroleum does not qualify as a “hazardous substance” under CERCLA.

Grossbaum v. Indianapolis-Marion County Building Authority

909 F. Supp. 1187 · District Court, S.D. Indiana · Dec 15, 1995

Rice, 910 F.2d 1449, 1455-56 (7th Cir.1990) (en banc) (defendant decisionmaker testified as to his motive because defendants’ motive crucial in Equal Protection challenge even in qualified immunity analysis), and retaliation … The record clearly shows that the 1993 Policy on Seasonal Displays was adopted for the purpose of resolving legitimate concerns about the Establish- . ment Clause, not because the board was hostile to religion.

Nature's Link, Inc. v. Przybyla

885 N.E.2d 709 · Indiana Court of Appeals · May 7, 2008

Weidenbener, he qualified his statement by adding that most if not all of the permanent impairment rating should be attributed to his pre-existing degenerative disk disease. … Lorber added that “he has a genetic problem that leads to premature degeneration in his spine ... so it’s a genetic predisposition to back problems that he has, and it’s manifested [ ] clearly.” (Tr. p. 611-12).

Saint Joseph's College v. Morrison, Inc.

158 Ind. App. 272 · Indiana Court of Appeals · Oct 29, 1973

Such statutes must be strictly construed in order to determine whether the mechanic qualified himself under the statute to receive the liberal remedies there available. Puritan Engineering Corp. v. … These cases indicate an established policy of allowing joinder of claims in cases where such joinder will not prejudice the rights of the property owner.

Joseph Lee Young v. State of Indiana

Indiana Court of Appeals · Oct 4, 2024

On June 16, 2023, the State filed an information alleging Young qualified for a habitual offender sentence enhancement. … Our standard of review regarding chain-of- custody claims is well-settled: An adequate foundation establishing a continuous chain of custody is established if the State accounts for

Ball v. Versar, Inc.

454 F. Supp. 2d 783 · District Court, S.D. Indiana · Sep 5, 2006

That is clearly not the case. … The Trustees argue that the document clearly distinguishes between the Z-l remedy and the Additional Work described in Revised Exhibit A.

Anderson v. Torrington Co.

755 F. Supp. 834 · District Court, N.D. Indiana · Jan 22, 1991

Eighty-three class members would qualify for the health insurance option. On November 21, 1989, the court gave the settlement preliminary approval and directed notice to class members. … [Settlement of this litigation was reached at a very late stage, after the issues had been clearly identified, liability and impact had been decided, and a massive record had been compiled.

City of Crown Point v. Misty Woods Properties, LLC

864 N.E.2d 1069 · Indiana Court of Appeals · Apr 18, 2007

Further, the City’s Counter Motion fails to meet its burden regarding its purported defenses of estoppel, waiver, immunity, or lack of the Tort Claim Notice as to the declaratory judgment action. … However, the zoning ordinance may establish a stricter standard than the “practical difficulties” standard prescribed by this subdivision. Ind.Code § 36-7-4-918.5(a).

Whitley County Teachers Ass'n v. Bauer

718 N.E.2d 1181 · Indiana Court of Appeals · Nov 5, 1999

In an effort to comply with the requirements of the Hudson decision, WCTA established certain procedures. … Additionally, the nonmember teachers contend that it is a mandatory requirement under Hudson that the WCTA establish an escrow account to maintain disputed fees and that the failure of WCTA to establish such an escrow account

Bollenbacher v. Helena Chemical Co.

926 F. Supp. 781 · District Court, N.D. Indiana · Feb 29, 1996

To establish a genuine issue of fact, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” … Her attitude on this matter clearly demonstrates that I was to know without a doubt the consequences of my decision. Defendant's Reply in Opposition, p. 9.

Melissa S. Johnson Mabie v. State of Indiana

Indiana Court of Appeals · Sep 10, 2014

Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before Sep 10 2014, 9:06 am any court except for the purpose of establishing … The court further authorized Mabie’s participation in work release “as long as she remains qualified.” Id.

In the Matter of the Termination of the Parent-Child Relationship of: D.R., Minor Child, and A.R., Father v. The Indiana Department of Child Services

Indiana Court of Appeals · Jul 11, 2014

“Findings are clearly erroneous only when the record contains no facts to support them either directly or by inference.” Quillen v. Quillen, 671 N.E.2d 98, 102 (Ind. 1996). … Father described employment for which he is clearly not qualified and unlikely accomplishments such as designing bridges as a civil engineer, designing and building multi-million dollar homes, and being

Coleman v. State

703 N.E.2d 1022 · Indiana Supreme Court · Dec 29, 1998

Petitioners must establish their grounds for relief by a preponderance of the evidence. Ind.Post-Conviction Rule 1, § 5. … A post-conviction court’s findings and judgment will be reversed only if clearly erroneous; “to determine whether the findings or judgment are clearly erroneous, we consider only the evidence favorable to the judgment and