Case law

Sakhrani v. Brightpoint, Inc.

78 F. Supp. 2d 845 · District Court, S.D. Indiana · Dec 8, 1999

The “subgroup” solution to that oversight problem merely acknowledges the problem while clearly evading application of the statutory standard: which person or group of persons who can effectively oversee the case “has the … As for the error in the date of one listed purchase by L.A.L.W., the court notes that neither counsel for the Desrosiers Group nor the court has been immune from occasional typographical errors.

Douglas A. Myers v. State of Indiana

Indiana Court of Appeals · Oct 10, 2012

Although it is well-established that a defendant who pleads guilty deserves to have mitigating weight extended to the guilty plea in return, Francis v. … the trial court failed to properly consider them, id., an allegation that the trial court failed to find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly

Ogle v. Gladieux

District Court, N.D. Indiana · Feb 21, 2024

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 … Section 1983 does not establish a system of vicarious responsibility.” Id. at 593.

Jason Dean Hubbell v. State of Indiana

58 N.E.3d 268 · Indiana Court of Appeals · Aug 5, 2016

from one place to another, which resulted in serious bodily injury to Sharon Myers, specifically her death, wouldn’t that in your judgment qualify as a double jeopardy, if you was [sic] to be … In this review, we accept findings of fact unless clearly erroneous, but we accord no deference to conclusions of law. Id.

Eric D. Smith v. Steve Euler, Melvin Brooks, Marty Sexton, and Jason Jacob

Indiana Court of Appeals · Jun 12, 2012

review; (2) Smith’s allegations of negligence or other tort claims against employees of the DOC were precluded by the Indiana Tort Claims Act because government employees acting within the scope of their employment are immune … This provision established virtually the same criteria for the same award, i.e., attorney fees, albeit under a different statute governing a different stage of litigation.

Common Cause Ind. v. Lawson

327 F. Supp. 3d 1139 · District Court, S.D. Indiana · Jun 8, 2018

Granting a preliminary injunction is "an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it." Roland Mach. Co. v. … The Defendants assert that Indiana has gone to great lengths to ensure that it is both actively and justifiably *1148 removing those from its rolls who are no longer qualified to vote.

Cloum v. State

779 N.E.2d 84 · Indiana Court of Appeals · Nov 27, 2002

Facts Because Cloum pled guilty, the following facts are derived from his testimony establishing the factual basis that he committed voluntary manslaughter, a Class A felony because it was committed by means of a deadly weapon … "The impact on others may qualify as an aggravator in certain cases but 'the defendant's actions must have had an impact on ...

Roche Diagnostics Corp. v. Apex Biotechnology Corp.

455 F. Supp. 2d 840 · District Court, S.D. Indiana · Sep 26, 2005

Roche would construe the term as: a module containing memory that is “pluggable” (i.e., capable of repeatedly establishing and breaking electrical contact by insertion and removal). Roche Br. at 36. … See id. at 704-05 (discussing a term “detector” without the qualifier “means” after it). Here, Roche contends that “processor” has a well-known meaning in the art, which rebuts the presumption that § 112, ¶ 6 applies.

Bixenman v. Hall

141 Ind. App. 628 · Indiana Court of Appeals · Dec 31, 1968

However, I feel that there are some issues raised which have not been clearly and succinctly discussed and answered in the opinion. … However, from a careful reading of the statute in question it appears the General Assembly did not qualify the duties placed on operators of bicycles according to age — it set up the norm of care for everyone.

NORTH SHORE CO-OWNERS' ASSOCIATION, INC. v. NATIONWIDE MUTUAL INSURANCE COMPANY

District Court, S.D. Indiana · Feb 12, 2021

Nationwide argues that North Shore "has failed to establish the requirements for admissibility under Rule 702" as it relates to Lampman's purported testimony. [Filing No. 122, at ECF p. 17.] … As reflected in the adopted Case Management Plan, Nationwide clearly stated that its initial disclosures would serve as its initial witness list during the initial pretrial conference. [Filing No. 43.]

City of Gary Ex Rel. King v. Smith & Wesson Corp.

776 N.E.2d 368 · Indiana Court of Appeals · Sep 20, 2002

A person without a qualified or unlimited handgun permit who wishes to purchase a handgun must complete an application process that includes a criminal background check. See Ind.Code § 35-47-2.5-4. … of a special relationship to establish the existence of a duty of care.

CHICAGO WINE COMPANY v. HOLCOMB

District Court, S.D. Indiana · Mar 30, 2021

The Plaintiffs allege these code provisions violate the Commerce Clause and the Privileges and Immunities Clause of the United States Constitution. … Plaintiffs argue that Chicago Wine cannot establish and maintain a physical presence in Indiana for the purpose of delivering wine to Indiana consumers because such a physical presence would be economically unfeasible.

SKAGGS v. United States

District Court, S.D. Indiana · Jan 30, 2025

Because the documentary evidence (i.e., the timecards) show that Counselor Byler was on vacation from his work duties on January 9 and 10, he clearly could not have accepted Mr. … Skaggs's own statements make clear that he did not pursue his rights with the requisite diligence to qualify him for equitable tolling.

Tammy Spengler v. State of Indiana

Indiana Court of Appeals · May 16, 2013

An abuse of discretion occurs where the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Id. … In the instant matter, nothing in the record establishes a nexus between these claimed mental health issues and the commission of the instant criminal acts.

Malone v. Ivers

District Court, N.D. Indiana · Apr 19, 2023

Of note, the Policy states: The health services provided shall include reasonable preventive services, routine care as directed by qualified health care … Heights, 575 F.3d 664, 675 (7th Cir. 2009) (“It is well-established that when a particular course of action is directed by those who set municipal policy, the municipality is responsible under section 1983[.]”

Kamari Hogue, A Minor, By and Through His Parent And Next Friend, Trent Hogue v. Robert Critz, Jr.

Indiana Court of Appeals · Dec 5, 2012

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. … The trial court sustained Critz’s argument that answers to the questions lacked proper foundation because Officer Haywood had not been qualified as an expert.

Garner v. Gordon

41 Ind. 92 · Indiana Supreme Court · Nov 15, 1872

In our opinion the above ruling of the court was clearly erroneous. … When proof of either good or bad general character is admissible, it is competent for the party seeking to establish character, after he has proved either a good or bad character at the time of the trial, to show how long

ZHENG v. AUSTIN

District Court, S.D. Indiana · Jan 12, 2023

Zheng has not met her burden of establishing that she is likely to succeed on the merits because she has not set forth any evidence supporting her claims, that she has not established that she is likely to suffer irreparable … Zheng "clear evidence of experience qualifying [her] for hire into several open(ing) positions." [Filing No. 104 at 23.] Mr. Glick and Ms. Vigil subjected Ms.

Troutman v. Liebel

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

“Legal mail” is entitled to greater protection, but this a term of art referring only to mail to or from the inmate’s legal counsel that is clearly identified on the envelope. Kaufman v. … Filing a grievance qualifies as “protected activity” for purposes of a First Amendment claim. Gomez, 680 F.3d at 866. However, Mr. Troutman has not satisfied the second and third prongs.

Bruce Foster v. State of Indiana

Indiana Court of Appeals · Feb 20, 2014

An abuse of discretion may occur if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court, or if the court has misinterpreted the law. Id. … In summary, Salyers’s testimony clearly indicated that he possessed the required functional knowledge of how AT&T’s mobile telephone records were generated.