Case law

State Ex Rel. Berkshire v. City of Logansport

928 N.E.2d 587 · Indiana Court of Appeals · Jun 4, 2010

We conclude that Cittadine's claim, which involves the enforcement of a public right, qualifies for the public standing doctrine. … Even more compelling, it is apparent that Logansport has fulfilled Judge Dykeman's intent as a result of its agreement to establish and operate the park.

SHORTER v. HENDRIX

District Court, S.D. Indiana · May 25, 2021

That qualifies you as a security threat." Dkt. 12 at 8. Since his return to WVCF, Mr. … "[D]ismissal under Rule 12(b)(6) on the basis of a limitations defense may be appropriate when the plaintiff effectively pleads [himself] out of court by alleging facts that are sufficient to establish the defense."

Deborah Washington v. Dana Light Axle Products, LLC

District Court, N.D. Indiana · Jun 23, 2026

. ¶¶ 11–12). 4 Layson’s declaration discusses Dana’s Collective Bargaining Agreement, which clearly outlines situations like the one discussed above when Dana removes or adds “manpower,” or workers, and what happens … Dana produced evidence that it shut down the second shift of Department 110 due to decreased production, which qualifies as a legitimate, nondiscriminatory and nonretaliatory reason.

State of Indiana v. John B. Larkin

77 N.E.3d 237 · Indiana Court of Appeals · Jun 7, 2017

App. 1995), trans. denied, where we held a “delay due to the unavailability of a judge who can properly hear a case is an exigent circumstance which qualifies as court congestion and tolls the running the Crim.R. 4(C) time … At the outset, we emphasize the misconduct identified in Taylor was eavesdropping, and only eavesdropping, and our supreme court was tasked with establishing a limited framework to allow the State the opportunity to disprove

Forest River, Inc. v. Heartland Recreational Vehicles, LLC

753 F. Supp. 2d 753 · District Court, N.D. Indiana · Nov 10, 2010

The Purpose and Character of the Use An advertisement for the sale of a product clearly has a commercial purpose. … The Court does not agree that the Defendant’s use was so clearly transformative.

Robert Ramon White v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 9, 2016

Ohio, 499 U.S. 400, 405-06 (1991), the United States Supreme Court qualified that principle to preclude the use of peremptory challenges to exclude venire persons from a jury solely on the basis of race. … We therefore conclude that the trial court’s decision in this regard is not clearly erroneous. III.

Barnum v. Rallihan

63 Ind. App. 349 · Indiana Court of Appeals · May 18, 1916

Appellee Mary Barnum was appointed executrix of his will, was duly qualified, and she entered upon her duties as such, March 16, 1910. … This is probably the legal effect of said payment for the reason that the county treasurer has no authority to accept conditional payments * * * while the legal effect of the facts averred would be to establish an absolute

Term. of the Parent-Child Rel. of J.L.W. (Minor Child) and S.R.W. (Mother), J.C.H. (Alleged Father), and Alleged Unknown Father v. The Indiana Dept. of Child Services

Indiana Court of Appeals · Apr 23, 2013

Commence proceedings to establish paternity by meeting with the IV-D Prosecutor and fully cooperate with the IV-D staff to establish paternity. j. … He has not established paternity. He has not had any contact with the child or the Department. 19.

Eli Lilly & Co. v. Zenith Goldline Pharmaceuticals, Inc.

364 F. Supp. 2d 820 · District Court, S.D. Indiana · Apr 14, 2005

After extensive testing, Lilly determined that the effect in dogs appeared to be an immune response and “idiosyncratic” in nature, meaning it occurred due to the unusual sensitivity in individual dogs. … [Defendant] has not shown the underlying findings of fact to be clearly erroneous”). 163.

GASKINS v. United States

District Court, S.D. Indiana · Jan 8, 2021

The government agreed to move to dismiss the felon in possession of firearms charge (Count Two) and, although Gaskins had several qualifying prior convictions, the government agreed to allege only one prior offense in the … During the sentencing portion of the hearing, her counsel acknowledged that "Gaskins readily admitted conduct that exceeded 5 kilograms in an immunized statement." Id., p. 23.

In the Matter of: E.P. and C.P. (Minor Children), And A.A. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Mar 24, 2020

We do not set aside the trial court’s findings or judgment unless they are clearly erroneous, meaning that finding is not supported in the record or that the judgment relies upon an incorrect legal … Rather, Mother felt that her experience as a DCS parenting time supervisor qualified her to handle the Children’s serious behavioral issues.

MYERS v. STATE OF INDIANA

District Court, S.D. Indiana · May 29, 2020

The respondent argues that it is likely to succeed on appeal because the state appellate court reasonably applied Strickland and "there is no clearly established 'cumulative-error doctrine.'" … The Court is not persuaded by these arguments, particularly the argument that there is no clearly established "cumulative-error doctrine."

Sherrell Ex Rel. Sherrell v. Northern Community School Corp.

801 N.E.2d 693 · Indiana Court of Appeals · Jan 16, 2004

The School's code of conduct clearly states that threats and intimidation are grounds for suspension or expulsion. … grant relief if a person has been prejudiced by an agency action that is (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity

Bodnar v. Lake County Jail

District Court, N.D. Indiana · May 21, 2020

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 … This is so because the competence of a layman is clearly too limited to allow him to risk the rights of others.” Fymbo v. State Farm Fire and Cas.

Ernest Wireman v. State of Indiana

Indiana Court of Appeals · Mar 15, 2012

Hale was qualified to testify and render his opinion of Wireman’s sanity when he committed these offenses. 6  At trial, the State elicited testimony from Dr. … Wireman has not established any error in the trial court’s manner of conducting voir dire.

Wickens v. Shell Oil Co.

569 F. Supp. 2d 770 · District Court, S.D. Indiana · Aug 1, 2008

Each of these two stages of work was clearly litigation driven. … Shere has established that he is adept at interpreting and enforcing the relevant environmental statutory provisions.

In the Matter of the Term. of the Parent-Child Rel. of: C.T. & N.T. and J.T. and B.T. v. The Indiana Dept. of Child Services

Indiana Court of Appeals · May 31, 2013

We will not set aside the termination court’s judgment terminating a parent- child relationship unless it is clearly erroneous. Id. … The termination court’s judgment thus is not clearly erroneous.

Coleman v. Astrue

661 F. Supp. 2d 1016 · District Court, S.D. Indiana · Sep 30, 2009

Standard for Disability In order to qualify for disability benefits under the Act, Plaintiff must establish that she suffers from a “disability” as defined by the Act. … However, the May 30, 2006 record that the ALJ relied on (R. 214) clearly indicates that Plaintiff suffered from uncontrolled diabetes mellitus with proliferative retinopathy, and it indicates that while Plaintiff herself

In Re Snider Farms, Inc.

83 B.R. 977 · United States Bankruptcy Court, N.D. Indiana · Jan 5, 1988

Thus, even though the objection was untimely, the Debtor was not prejudiced as to the objection on feasibility as it was clearly prepared to submit extensive evidence on the issue. … A federal court, on its own motion, may take judicial notice of relevant qualified facts at any stage of a proceeding, even though not requested to do so. Fed.R.Evid. 201. George’s Radio and Television Company, Inc. v.

Noe Escamilla v. Shiel Sexton Company, Inc.

54 N.E.3d 1013 · Indiana Court of Appeals · Mar 31, 2016

Clearly, Escamilla’s immigration status is relevant to the issue of damages on his claim for lost future income. … Qualified individuals may also be eligible for work authorization. Id.