Case 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.

Jerry Alderman Ford Sales, Inc. v. Bailey

154 Ind. App. 632 · Indiana Court of Appeals · Dec 27, 1972

Such allegation is clearly one of a state of mind, and is sufficient in its generality. … The purchase price of the vehicle was established as $24,350.00.

AMERICAN COUNCIL OF THE BLIND OF INDIANA v. INDIANA ELECTION COMMISSION

District Court, S.D. Indiana · Mar 9, 2022

It is "an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it." Girl Scouts of Manitou Council, Inc. v. … Irreparable Harm Establishing a likelihood of irreparable harm "requires more than a mere possibility of harm.

Roeschlein v. Thomas

258 Ind. 16 · Indiana Supreme Court · Feb 24, 1972

The office of Chief Justice of Indiana is created and a system of discipline, removal, and retirement of judges is established. … Also, § 29-4204, supra, states in part: “The proposed constitutional amendment or amendments shall be stated on such ballots in words sufficient to clearly designate the same, and such statement or statements shall be printed

Scott v. First National Bank of Tulsa

68 L.R.A. 488 · Court Of Appeals Of Indian Territory · Oct 19, 1904

Questions involving the rights and duties of holders of collateral securities have come up in various forms qualified by the nature of the agreement under which they were received and held, the relation of the parties to … It is established by the authorities, some of which are before cited, that the pledgee of negotiable paper is bound to ordinary diligence td preserve the legal efficacy of the pledge by demand and notice when necessary to

Jason Lee Sowers v. State of Indiana

988 N.E.2d 360 · Indiana Court of Appeals · May 16, 2013

Because this is a factual determination, it is subject to a clearly erroneous standard of review. Id. … Again, the Indiana Supreme Court has emphasized that the fundamental error rule is extremely narrow and, in order to qualify as fundamental error, “the error must be so prejudicial to the rights of the defendant as to make

Yerano Martinez v. Jeffrey Smith

Indiana Supreme Court · Apr 8, 2026

Indiana Supreme Court | Case No. 26S‐CT‐112 | April 8, 2026 Page 1 of 8  Most often, negligence claims may be more clearly understood by first “recognizing that every actor has an obligation to behave reasonably … But the question we confront is whether there is a good reason for the common law to effectively immunize unreasonable conduct that presents the risk of serious, even fatal, injury.

Joshua P. Lindsey v. State of Indiana

Indiana Court of Appeals · Aug 14, 2012

Under the “actual evidence” test, a defendant must demonstrate a reasonable possibility that the evidentiary facts used by the fact-finder to establish the essential elements of one offense may also have been used to establish … The instructions as a whole left the jury to decide on its own whether the BB gun qualified under the circumstances of the case as a deadly weapon.

United States v. Wedzeb Enterprises, Inc.

844 F. Supp. 1328 · District Court, S.D. Indiana · Feb 10, 1994

See id. at 1185 , 1990 WL 67983 at *2 (“We find that since the cinder blocks were to be disposed of at a facility, the sale was clearly ‘an arrangement for disposal’ as defined under § 107(a)(3) of CERCLA notwithstanding … Weinstein would qualify as an expert as concerns the demand of the Harry Alter Company for particular kinds of capacitors, he lacked the scientific, technical or other specialized knowledge to testify about the general marketability

Donald L. Deputy v. Connie S. Deputy

Indiana Court of Appeals · Dec 17, 2013

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 … claim that the trial court should have somehow given him credit toward Daniel’s educational expenses for the earned income tax credit Mother received. 8 any for which they qualified

Brown v. Schaffer

145 Ind. App. 591 · Indiana Court of Appeals · Nov 5, 1969

, omitting caption and signature, is as follows: *596 “Preston Schaffer as Executor of the Last Will and Testament of Guy Brown, deceased, respectfully petitions the court as follows: “(1) That he is the duly appointed, qualified … It was an established principle of law under the Justinian Code of Rome, and early became a part of the common law of England.

Hull v. Wexford Health LLC

District Court, N.D. Indiana · Sep 27, 2021

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 … Hull disputes that he was aggressive, stating that at the visit he “clearly stated [that he] wants, and needs to be seen by the Doctor” and that he “demanded to be given the proper medical attention.”

Mapes v. Cable One

District Court, N.D. Indiana · Sep 13, 2022

Rule 59(e) has a slightly more liberal standard than Rule 60, requiring the moving party clearly establish a manifest error of law or an intervening change in the controlling law, or present newly discovered evidence. … However, Cable One is a private business, and as I noted before, it does not fit within the ADA’s exhaustive list of private entities that qualify as public accommodations.

Howmedica Osteonics Corp. v. Tranquil Prospects, Ltd.

482 F. Supp. 2d 1045 · District Court, N.D. Indiana · Mar 28, 2007

The Federal Circuit stated, “the patent clearly specifies that ‘[t]he present invention is rooted in the recognition of the importance and criti-cality of the stem’s traverse sectional dimensions, along the entire length … In this case, should the foregoing analysis be found not to establish literal infringement, it is certainly sufficient to establish infringement under the doctrine of equivalents, as the percentage fill resulting from the

Wisehart v. State

693 N.E.2d 23 · Indiana Supreme Court · Mar 19, 1998

He has not established that the evidence was not available at trial. He has not established that due diligence was used to discover this evidence in time for trial. … Their evidence clearly shows that there [were]....

Haley v. Community Hospital

District Court, N.D. Indiana · Jan 25, 2023

The email also stated that “Employee Health will need your immunization records and proof of Flu shot.” Id. Eventually, a tentative start date of March 4, 2019, was agreed upon. … Where Community Hospital is wrong is in regard to what that letter clearly states. Community Hospital says that the request is for a pork-free vaccine. Id. This is incorrect.

Equal Employment Opportunity Commission v. Jillian's of Indianapolis, IN, Inc.

279 F. Supp. 2d 974 · District Court, S.D. Indiana · Jun 16, 2003

But if it is clear that a plaintiff will be unable to satisfy the legal requirements necessary to establish his case, summary judgment is not only appropriate, but mandated. … Our role in reviewing the conciliation process is limited so long as “the form and substance of the EEOC’s conciliation proposals” are within the agency’s discretion and, therefore, immune from judicial second-guessing.

TROWBRIDGE v. INDIANA DEPARTMENT OF CORRECTIONS

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

"[W]ritten text in the printed matter does not qualify the printed matter as sexually explicit." Id. … The photograph clearly displays part of the fiancée's genitalia, which is expressly forbidden by the correspondence policy. See dkt. 55-4; dkt 55-7, p. 21.

Essroc Cement Corp. v. Clark County Board of Zoning Appeals and Sierra Club

122 N.E.3d 881 · Indiana Court of Appeals · Apr 18, 2019

[24] On appeal, Essroc first notes “Indiana recognizes the doctrine of accessory use, under which the right to establish and maintain a commercial or nonresidential use normally includes the right to … Essroc has not explained whether or how burning LWDF to produce cement would qualify as an accessory use under the CCZO’s definition. As such, this argument is waived. See Kentucky Nat. Ins.

Board of Commissioners v. Great Lakes Transfer, LLC

888 N.E.2d 784 · Indiana Court of Appeals · Jun 12, 2008

seeking judicial relief 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 … The Indiana Supreme Court recently clarified that factual findings linked to a ruling on a motion to transfer venue are reviewed under a clearly erroneous standard and rulings of law are reviewed de novo.