Case law

Wall v. State

51 Ind. 453 · Indiana Supreme Court · Nov 15, 1875

This part of the instruction is incorrect, and there is nothing in the other parts of the instruction to qualify or correct it. … Where the necessity is clearly apparent, and is such as would convince a reasonable man that it actually existed, and he ’believed that it did so exist, it is sufficient; as when one antagonist angrily approaches another

Casey v. Phelan Insurance Agency, Inc.

431 F. Supp. 2d 888 · District Court, N.D. Indiana · May 9, 2006

As harsh as it might seem, he did not breach any established duty to John and Carol Casey in his actions here. … Rex did not breach that duty, but exercised an option he clearly had under a statute of the State of Indiana. B.

Frey v. United States Environmental Protection Agency

937 F. Supp. 2d 964 · District Court, S.D. Indiana · Mar 29, 2013

Pt. 300, republished by the EPA pursuant to Section 105 of CERCLA to cover hazardous waste sites, establishes the steps involved in formulating a remedial action plan. … As the court noted in its previous Entry on the United States’ Motion for Summary Judgment, the Seventh Circuit clearly stated that, at least with respect to operable unit one, “the citizens of Bloomington are [] entitled

Wabash Valley Electric Co. v. Singleton

1 F. Supp. 106 · District Court, S.D. Indiana · Feb 26, 1932

The master heard the testimony of these engineers, as well as the testimony of all of the other witnesses, and is qualified to determine the weight and credit to be given to such testimony. … When it is recalled, in the instant case, that an amount in the sum of approximately $18,000 for this purpose is added to the sum of $84,569, the value of the physical property, it would clearly indicate that such amount

Skolnick v. State

72 Ind. Dec. 199 · Indiana Court of Appeals · Oct 25, 1979

Pi-varnik intends to further falsely imprison Skolnick, all to be done by Pivarnik under the sham and pretense of legal proceeding, without authority or jurisdiction, and in violation of Skolnick’s rights, privileges, and immunities … Nevertheless the record before us in the instant case clearly portrays the nature of the conduct for which Skolnick was convicted. That conduct is, on its face, directly contumacious..

Harper v. Redman

District Court, N.D. Indiana · Jul 19, 2022

. § 1915A, the court must screen the 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 … Harper does not clearly allege whether he is referring to bedding and towels or some other type of “linen.”

Rising Property Management, LLP v. Department of Metropolitan Development Board of Zoning Appeals and Glendale Partners, Inc.

Indiana Court of Appeals · Jan 17, 2012

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not FILED be regarded as precedent or cited before any court except for the purpose of establishing … 5-14, a court may provide relief from agency action only if it is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity

COOPER v. CITY OF INDIANAPOLIS

District Court, S.D. Indiana · Feb 7, 2023

Alternatively, Defendants contend that they are immunized pursuant to common law immunity. The Court will discuss each argument in turn. A. … The danger was unspecific to Beaty and, the facts clearly illustrate, the danger was shared by all in the vicinity of downtown Indianapolis.

John O. Study v. State of Indiana

Indiana Supreme Court · Feb 4, 2015

Though other issues regarding the concealment-tolling provision have been addressed, the specific question of what conduct qualifies as concealing evidence of the offense has not been answered by this Court. … In Sloan, this Court addressed when tolling of the statute of limitations ends, after concealment of the offense has been established. 947 N.E.2d at 920.

In the Matter of the Guardianship of A.P., Adult, Louisa Jurich v. Louis Picicco (mem. dec.)

Indiana Court of Appeals · Oct 18, 2016

[14] It is well established that a writing panel may reconsider a ruling by the motions panel. Simon v. Simon, 957 N.E.2d 980, 987 (Ind. Ct. App. 2011). … Jurich has not demonstrated that the trial court’s order is clearly against the logic and effect of the facts and circumstances presented or contrary to law.

Millman

District Court, N.D. Indiana · Jun 16, 2026

Spaeth is qualified to offer his opinions. 2. … As the experts note, these are the same studies used by the EPA when it creates its risk assessments and establishes regulatory screening levels.

Rosalio Pedraza v. State of Indiana

Indiana Court of Appeals · Jul 23, 2012

But the possibility that a jury might decline to find Pedraza to be a habitual substance offender notwithstanding his qualifying prior convictions does not establish that the jury waiver issue was clearly stronger than … Pedraza has simply not met this burden with respect to establishing that the unraised jury waiver issue was clearly stronger than the other issues raised on appeal.

Kittle v. Prudential Insurance Co. of America

102 F. Supp. 2d 1029 · District Court, S.D. Indiana · Jan 19, 2000

We presume that Kittle was a member of the Union when he began working as a life insurance representative for Prudential, as neither party suggests that he was not so qualified by virtue of his employment. … If anything, the CBA provision that Prudential claims to be at issue (Article 7, Section 2), which vests Prudential with the “sole discretion” to assign territory accounts to its agents, demonstrates that Kittle’s claim clearly

Brazil Block Coal Co. v. Gaffney

119 Ind. 455 · Indiana Supreme Court · Jun 25, 1889

It is true that the employee in that case was a minor, but he was nineteen years of age, a well developed and apparently strong man, and, to all appearances, as well qualified to understand and provide against the hazard … While it appears that Fisher was foreman of the establishment, King had charge of the construction of the turn-table, and Fisher directed plaintiff to go with King and do whatever he directed. * * * Here King was foreman

Viswanadha v. Mayorkas

District Court, N.D. Indiana · Mar 8, 2023

To qualify for a visa in this category, Zimmer was required by statute to show that Dr. … Given that 8 C.F.R. § 204.5(i)(3)(i)(A)–(E) is clearly not a statute, it appears that the Plaintiffs are, in fact, arguing that the Kazarian analysis conflicts with the regulation.

Bezingue v. Steuben Lakes Regional Waste District

District Court, N.D. Indiana · Dec 14, 2020

Defendant is a regional utility district established under Indiana law. … There, the court identified two distinguishing characteristics: whether the establishment is floating or land-based and whether the establishment is authorized to conduct gambling under Indiana’s Riverboat Gambling statute

Zima v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 16, 2021

A claimant qualifies as disabled if he or she cannot perform such work. … Gupta’s 2019 examination, they clearly did not have an opportunity to review these new findings when writing their opinions, and the conclusions about Ms.

CARTER

District Court, S.D. Indiana · Feb 11, 2026

To establish a claim of disability discrimination under the ADA, a plaintiff must prove that: (1) he is disabled as defined by the ADA; (2) he is qualified to perform the essential functions of his job with or without … Carter could establish that his prior substance abuse disorder qualifies as a disability under the ADA, as amended by the ADAAA, and that he was qualified to perform the essential functions of his position with or without

State of Indiana ex rel. Curtis T. Hill, Attorney General of Indiana v. William J. Pfister, Richard A. Sopko, Travelers Insurance Companies, Western Surety Insurance Company (mem. dec.)

Indiana Court of Appeals · Jun 24, 2019

in existence and argued that Pfister and Sopko’s document requests would require the State to “spend hundreds of exhaustive hours compiling and preparing work papers for prior SBOA audit reports clearly … liable for the policy amounts of Policy Nos. 1 and 2 and Policy No. 2 Renewal to cover allegations regarding Pfister if it were to prevail in its claims against him, and argues that the policies qualified

Koning v. Bowen

675 F. Supp. 452 · District Court, N.D. Indiana · Dec 16, 1987

To qualify for a period of disability and disability insurance benefits under §§ 216(i) and 223 an individual must meet the insured’s status requirements of the sections, be under age 65, file an application for disability … The medical evidence establishes that the claimant has chronic low back pain, chronic bronchitis secondary to cigarette smoking, and congenital syphilis by history without residual stigmata, but that he does not have an impairment