Case law

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.

Kenneth Lainhart v. State of Indiana

Indiana Court of Appeals · Jun 29, 2012

We reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Joyner v. State, 678 N.E.2d 386, 390 (Ind. 1997), reh’g denied. … State, 762 N.E.2d 748, 755 (Ind. 2002) (“To qualify as fundamental error, an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible.

DGB v. State

833 N.E.2d 519 · Indiana Court of Appeals · Aug 31, 2005

The supreme court went on to state that under less stressful events, such a lengthy time period might not qualify for the excited utterance exception. Hammon, 829 N.E.2d at 449 ; see, e.g., Davenport v. … If the statement is taken pursuant to established procedures, either the subjective motivation of the individual taking the statement or the objectively evaluated purpose of the procedure is sufficient. Id. at 456 .

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

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.

Yasuda Fire & Marine Insurance Co. of America v. Lake Shore Electric Corp.

744 F. Supp. 864 · District Court, S.D. Indiana · Jul 31, 1990

The effect of subrogation: The doctrine of subrogation has been well established as a part of Indiana’s common law for many years. … One of the well established canons of construction, known as the Rule of the Last Antecedent, holds that qualifying words or phrases must be applied to the words or phrase immediately preceding them and are not to be construed

Johnson v. Commissioner of Social Security

District Court, N.D. Indiana · Feb 28, 2022

The ALJ clearly stated that the record would not be held open and then promised to address Dr. Larson’s treating source statement in his decision. Indeed, the ALJ did exactly that; the ALJ addressed Dr. … J has failed to establish that the ALJ had a legal obligation to admit Dr. Larson’s opinion based on an oral promise during the administrative hearing. However, Ms.

Serio v. Jojo's Bakery Restaurant

102 F. Supp. 2d 1044 · District Court, S.D. Indiana · Feb 1, 2000

FMLA “Entitlement” Claim The Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., establishes two categories of broad protections for employees. … An important caveat operates to qualify the protections afforded by the FMLA, and one that the parties failed to identify in their summary judgment submissions.

Teachers Credit Union v. Kimberly Cripe

Indiana Court of Appeals · Dec 13, 2024

The Terms and Conditions stated, “This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. … offer to amend the Agreement; the mailing consisted of only two pages, “the first of which clearly referenced the Addendum (in bold, all-capital letters), and the second of which was the Addendum

Desiree Heitz v. State of Indiana

Indiana Court of Appeals · Jun 6, 2025

As this Court recognized in Carr, Criminal Rule 4(C) establishes a one-year period for prosecution that runs continuously absent specific qualifying interruptions that extend the period— none of which … Initially, the record does not clearly show that defense counsel was referring to the present cause when citing discovery while asking for a continuance.

Eric T. Shamblin v. State of Indiana

Indiana Court of Appeals · Aug 19, 2014

In such a case, each layer of hearsay must qualify as admissible under an exception to the hearsay rule. Teague v. State, 978 N.E.2d 1183, 1187 (Ind. Ct. App. 2012). … Moreover, he has not established any prejudice from their exclusion. The trial court did not abuse its discretion in excluding them. III.

Ragsdale v. Beacon Health Systems Inc

District Court, N.D. Indiana · Apr 13, 2020

Ragsdale admits that Murray was qualified for the position, but believes she was the most qualified candidate because of her seniority. [DE 33-2 at 85.] … Such a small difference in seniority does not rise to the level where it “jump[s] off the page” and “there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly better qualified

Avila v. Bronger Masonry, Inc.

123 F. Supp. 3d 1088 · District Court, S.D. Indiana · Aug 12, 2015

There are requirements regarding the number of hours an employee must work to be qualified for coverage under the health and welfare plan, otherwise the employee may make a self-payment to be insured under the plan. . … Conclusion The Seventh Circuit has emphasized that “a preliminary injunction is an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it.” Girl Scouts, 549 F.3d at 1085 .

BRC Rubber & Plastics, Inc. v. Continental Carbon Co.

876 F. Supp. 2d 1042 · District Court, N.D. Indiana · Jun 27, 2012

Earthgrains Refrigerated Dough Prods., Inc., 212 F.3d 373, 378 (7th Cir.2000) (rejecting plaintiffs contention that the agreement was a requirements contract and concluding that it was merely a “buyer’s option” where plaintiff “clearly … Section 1-205(4) of the UCC provides: “A course of dealing or course of performance between parties and any usage of trade ... give particular meaning to and supplement or qualify terms of an agreement.”

Plan Commission for Floyd County, Indiana v. Klein

765 N.E.2d 632 · Indiana Court of Appeals · Mar 27, 2002

The ordinance must contain specific standards by which the plan commission can determine whether the plat qualifies for approval. Inp.Cope § 36-7-4-702(b). … Such testimony, however, while helpful, is totally irrelevant to *647 establishing whether a plat complies with a subdivision control ordinance. Cundiff v.

City of Bloomington v. Catherine Smith

Indiana Court of Appeals · Feb 18, 2025

We remain mindful, however, that “a statute comes clothed with the presumption of constitutionality until clearly overcome by a contrary showing.” Id. (internal quotation marks omitted). … [47] Additionally, the 2019 Act does not intrude on a field traditionally immune from regulation.

Galloway v. State

938 N.E.2d 699 · Indiana Supreme Court · Dec 22, 2010

The defendant bears the burden of establishing the insanity defense by a preponderance of the evidence.7 I.C. § 35-41-4-1(b). … Davidson‟s basic view was that it was unlikely that Galloway qualified as insane on the basis of a “very thin slice of disorganized thinking.” (Tr. at 228.)

Sanders v. Astrue

894 F. Supp. 2d 1100 · District Court, N.D. Indiana · Sep 6, 2012

Sanders was limited to jobs with “no interactions with co-workers or the general public” (AR 15) because the DOT jobs listed by the VE clearly contemplate some interaction with co-workers. … Sanders establish the principle that an ALJ can’t simply state the outcome of the credibility assessment, but must explain the various factors and evidence that support the ultimate conclusion.

City of Hammond v. Lake County Judicial Nominating Commission

District Court, N.D. Indiana · Jan 4, 2024

Is racial bias immunized when it motivates exclusion of an electorate with a high minority population rather than a more overt exclusion of minority voters specifically? … This factor clearly militates in favor of a finding that §2 is violated, in that state law overtly treats Lake County differently than most of Indiana’s other counties, and the State has admitted that the motivation for the