Case law

THE ESTATE OF JOSHUA E. EBINGER v. A.J. SMITH

District Court, S.D. Indiana · Apr 18, 2025

Ebinger and that the force used by Defendants Bastin and Smith was objectively reasonable under the circumstances, and, in any event, that they are all entitled to qualified immunity. … Here, the undisputed facts establish that, at the time Trooper Bastin fired his weapon, he knew that Mr.

BONDS v. HOLLYWOOD CASINO AND HOTEL

District Court, S.D. Indiana · Aug 29, 2024

It does not, however, qualify as an evidentiary summary-judgment affidavit because it gives no indication that Mr. Bonds "[swore] to the content in the presence of someone authorized to administer oaths." Owens v. … Bonds cannot establish the third element—the making or enforcing of a contract—since Mr. Bonds left the Casino on his own accord. Dkt. 72 at 21. Mr.

Jerry E Russell, Sr. v. State of Indiana

Indiana Supreme Court · Jun 3, 2024

“An allegation that the trial court failed to identify or find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly supported by the record.” Id. at 838. … He has earned certificates for work done with nail-guns, saws, drill presses, and other hand-tools, and gotten qualified to operate forklifts.

Spann-El v. Warden

District Court, N.D. Indiana · Mar 28, 2023

Certainly licking someone’s face without their permission qualifies as offensive or discourteous, and Mr. Spann-El does not argue otherwise. … The mere fact that the hearing officer ruled against him does not establish impermissible bias. Liteky v. United States, 510 U.S. 540, 555 (1994).

Benjamin A. Hankins v. State of Indiana

Indiana Court of Appeals · Apr 3, 2013

As a general rule, hearsay is inadmissible unless the statement falls within one of the established hearsay exceptions. Yamobi v. … This testimony is sufficient to establish that J.H. was motivated to provide truthful information to promote diagnosis or treatment.

Ram Products Co., Inc. v. Chauncey

967 F. Supp. 1071 · District Court, N.D. Indiana · Jun 3, 1997

A breach of contract is not a tort and therefore may not serve as the basis for establishing a civil conspiracy. … Canyon Television & Appliance Rental, Inc., 944 F.2d 597 (9th Cir.1991) (intangible injuries, such as damage to ongoing recruitment efforts and goodwill, qualify as irreparable harm).

Gabriel III v. Commissioner of Social Security

District Court, N.D. Indiana · Jun 8, 2020

Plaintiff maintains that the ALJ was not qualified to interpret the significance of this medical data. Moon v. … In any event, the ALJ was not qualified to determine the significance of these medical findings. Lambert v.

Willsey v. Peoples Federal Savings & Loan Ass'n of East Chicago

529 N.E.2d 1199 · Indiana Court of Appeals · Oct 20, 1988

The proponent has the burden of establishing there are no material facts at issue. SCruby v. Waugh (1985), Ind.App., 476 N.E.2d 533 . … In addition, "a qualified attorney's legal opinion as to an ultimate fact in issue is admissible, unless it addresses matters within the common knowledge and experience of ordinary persons." McCullough v.

Grogg v. CSX Transportation, Inc.

659 F. Supp. 2d 998 · District Court, N.D. Indiana · Sep 14, 2009

IMBS, Inc., 368 F.3d 726, 730 (7th Cir.2004) (stating that for preclusion to occur there must be either an “irreconcilable conflict between the statutes or a clearly expressed legislative decision that one replace the other … CSX concludes with the rather curious statement that “[n]evertheless, Tyler Kress is not a medical doctor, he is not qualified to opine on causation, and none of the opinions he offers have any effect on the legal issues

Snow v. Rincker

823 N.E.2d 1234 · Indiana Court of Appeals · Mar 22, 2005

Meghan is an excellent student who attended the Indiana Academy at Ball State University, which is an honors program for qualified high school students. … Further, Snow offered nothing regarding his financial status other than his gross income to establish what a burden Meghan's college expenses at St. Louis University might be.

Town of Zionsville, Indiana v. Town of Whitestown, Indiana, and Angel Badillo

49 N.E.3d 91 · Indiana Supreme Court · Jan 22, 2016

As noted above, the GMA provision authorizing a reorganized government entity to exercise the powers of the organizing entities is qualified by the phrase "if authorized by the plan of reorganization . . . ." Ind. … From its statutory language, however, the GMA clearly permits the reorganization of political subdivisions that are "adjacent" in the sense that they are "connected by a strip of land that is [not] less than one hundred fifty

UPCHURCH

District Court, S.D. Indiana · Mar 31, 2026

Upchurch argues that the evidence establishes that he was far more qualified than the individuals selected for the promotions because of his long tenure and prior experience in supervisory positions. … be "no dispute among reasonable persons of impartial judgment that [he] was clearly better qualified."

Shell Oil Co. v. Meyer

705 N.E.2d 962 · Indiana Supreme Court · Dec 30, 1998

Those laws were clearly before the legislature at the time Indiana’s UST statute was drafted, and later amended. … Finally, owners and operators must establish evidence of financial responsibility with minimum coverage of at least $1,000,000 for each occurrence. Ind.Code §§ 13-23-4-1 to 7 (1998).

Pegg v. Nexus RVs LLC

District Court, N.D. Indiana · Jul 2, 2019

First, I am satisfied that Bailey is qualified to give expert valuation testimony. … Pegg must first establish a breach of warranty.

Culver Community Teachers Association v. Indiana Education Employment Relations Board

Indiana Court of Appeals · Aug 12, 2020

, we may only set aside an agency action if “(1) [it is] arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … The trial court’s findings and conclusions thereon dismissing Nettle Creek and Jay Classroom I as dicta are clearly erroneous.

Keller v. Lloyd & McDaniel PLC

District Court, N.D. Indiana · Jul 2, 2019

If the proposed amendment is not clearly futile, denying leave to amend on this ground would be improper. … L&M has arguedthat the conversation between Keller and the employee does not qualify as the requisite “initial communication” that must take place in order for § 1692g to be invoked.

Starrett v. Commissioner of Social Security

District Court, N.D. Indiana · Feb 10, 2025

A claimant qualifies as disabled if he or he cannot perform such work. … In fact, no valid test established Mr. Starrett’s FEV1 value at or below 1.90. While Mr.

Roche Diagnostics Corp. v. Apex Biotechnology Corp.

374 F. Supp. 2d 673 · District Court, S.D. Indiana · Jun 20, 2005

This is clearly within the subject matter of the ’564 patented invention. … Clearly by the time Dr.

Price v. State

622 N.E.2d 954 · Indiana Supreme Court · Nov 1, 1993

Put another way, there is within each provision of our Bill of Rights a cluster of essential values which the legislature may qualify but not alienate. See Palmer, supra, at 65-66. … Clearly, then, abating excessive noise is an objective our legislature may legitimately pursue. This does not, however, end our inquiry.

City of Logansport v. Larose

1 Ind. L. Rep. 587 · Indiana Supreme Court · Jun 15, 1881

The court clearly erred, we think, in overruling the appellant’s. demurrer to this third paragraph of the complaint. … In another view of this legalizing act, it must be held, we think, to be clearly unconstitutional and void.