Case law

Dorweiler v. Sinks

128 Ind. App. 532 · Indiana Court of Appeals · Apr 18, 1958

That it was necessary is so well established that it is unnecessary to cite authority in support thereof. … The facts in. that case are clearly distinguishable from the facts in this case. The contract in that case shows an entirely different situation than we have here.

Associated Bicycle Service, Inc. v. United States (In Re Associated Bicycle Service, Inc.)

128 B.R. 436 · United States Bankruptcy Court, N.D. Indiana · Sep 25, 1990

Affidavits do not qualify as a basis for summary judgment, and are not competent for the purpose of negating genuine issues of material fact where matters of motive or opinion of value are involved. Duane v. … It is not difficult to see that the term “employees” embraces a broad range of persons, from those at one end who clearly are employees, e.g., Hoosier’s office employees, to those who clearly are not, e.g., a private physician

United States v. Hughes

823 F. Supp. 593 · District Court, N.D. Indiana · May 3, 1993

The information provided by these employees established the following: 1. … 1279 n. 4 (7th Cir.), cert. denied, 479 U.S. 847 , 107 S.Ct. 168 , 93 L.Ed.2d 106 (1986), the Seventh Circuit, speaking through Judge Wood, found a warrant sufficiently particular where it stated certain items and used the qualifying

Jason Dane Brown v. State of Indiana

Indiana Court of Appeals · Oct 26, 2023

London refused to answer the simplest of questions despite having use immunity and the benefit of appointed counsel. Dr. … We reverse only where the decision is clearly against the logic and effect of the facts and circumstances.” Jones v. State, 982 N.E.2d 417, 421 (Ind. Ct.

Scott Grundy v. State of Indiana

38 N.E.3d 675 · Indiana Court of Appeals · Jun 30, 2015

If you [were] wrong, admit you were wrong[;] don’t qualify it. *** [T]he State[,] today[,] has requested a [thirty-five-]year sentence. … [Seventeen] is far too many[,] so you clearly have a problem, Mr.

Woods v. State

547 N.E.2d 772 · Indiana Supreme Court · Nov 28, 1989

The evidence clearly justified the court in not holding a hearing, as it supported adequate competency. Clifford v. State (1984), Ind., 457 N.E.2d 536 . … The testimony of Officer Kleeman alone established corpus delicti, namely that Juan Plaeencia had died from a violent attack with a knife.

Pfeifer v. Armark Food Corp

District Court, N.D. Indiana · Feb 18, 2025

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 … Moreover, the Supreme Court of the United States has long established “the general proposition that a law that is neutral and of general applicability need not be justified by a compelling governmental interest even if

Monroe County Board of Zoning Appeals v. Bedford Recycling, Inc.

Indiana Supreme Court · Nov 13, 2025

First, he believed the proposed use did not qualify because, as he had stated before, Bedford would not be contracted to remove the metal from residential or commercial areas. … The Monroe County Zoning Ordinance establishes eighteen zoning classifications. Some land uses for a zone are presumptively allowed.

Michael S. Scroggins, II v. State of Indiana

Indiana Court of Appeals · Sep 28, 2012

However, the defendant’s knowledge of the victim’s age is not necessary for it to qualify as an aggravating factor. See McCann v. … We agree with the State that this establishes his recklessness and disregard for the safety of others on the highways.

Jackson, III v. Warden

District Court, N.D. Indiana · Apr 17, 2025

As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause.” Maples v. Thomas, 565 U.S. 266, 280 (2012) (citation omitted); Coleman v. … We have explained that clearly established Federal law for purposes of §2254(d)(1) includes only the holdings, as opposed to the dicta, of this Court’s decisions.

Curtis v. Astrue

623 F. Supp. 2d 957 · District Court, S.D. Indiana · May 18, 2009

Standard for Disability In order to qualify for disability benefits under the Act, Plaintiff must establish that he suffers from a “disability” as defined by the Act. … Additionally, remand is necessary to more clearly evaluate pain in accordance with SSR 96-7p.

Provident Bank v. Tri-County Southside Asphalt, Inc.

804 N.E.2d 161 · Indiana Court of Appeals · Feb 27, 2004

Thus, with respect to the land and buildings, Tri-County's lien is clearly junior to Provident's. III. … Ind.Code § 32-28-3-1 (Supp.2003) provides that a contractor or other qualified person may have a lien: [U]pon the: (1) house, mill, manufactory, or other building, bridge, reservoir, system of waterworks, or other structure

Polycon Industries Inc v. R & B Plastics Machinery, LLC

District Court, N.D. Indiana · Sep 26, 2024

In other words, the test for allowing the use of such evidence does not rest on whether the terms are clearly written into the contract, but whether the evidence is contradictory to those expressed terms. … Importantly, “[a]lthough an established course of dealing or course of performance may ‘give particular meaning to and supplement or qualify terms of an agreement,’ it does not constitute the agreement.”

The First Baptist Church of Hammond v. Felipe Andrade, a minor, by his mother and custodial parent, Manuela Andrade

Indiana Court of Appeals · Mar 6, 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, … A trial court’s decision to admit or exclude evidence will not be reversed unless prejudicial error is clearly shown. Id.

Bryan Jann v. Review Board of the Indiana Dept. of Workforce Development and C&B Custom Modular, Inc.

Indiana Court of Appeals · Nov 1, 2012

It has been established the working conditions were detrimental to the claimant and justified the claimant’s separation. … The claimant is qualified. Ex. Vol. p. 1. C&B then sought review of this determination by an ALJ.

Mays v. Rubiano, Inc.

District Court, N.D. Indiana · Mar 9, 2021

Mays doesn’t back up her allegations with expert witnesses qualified to opine on the issue, or any real personal knowledge. Ms. Mays’ math is speculative at best. … Mays’ unsupported statement that it is rare for a dancer to be declined the opportunity to dance at an adult entertainment establishment doesn’t establish any genuine dispute of material fact for trial.

American Commercial Lines, LLC v. Northeast Maritime Institute, Inc.

588 F. Supp. 2d 935 · District Court, S.D. Indiana · Dec 1, 2008

Conceding that contract was executed in Indiana, NMI nonetheless argues that a contract alone does not establish the minimum contacts necessary to satisfy due process. … As the substance of Judge Stearns's opinion shows, however, this is not a situation that qualifies for issue preclusion because the issues are not the same.

Danny's Sports Bar Chicago Style Pizza v. Todd Schuman

Indiana Court of Appeals · Jan 6, 2015

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 … An abuse of discretion occurs when the court’s denial of the motion is clearly against the logic and effect of the facts and inferences supporting the order. Id.

UNITED STATES OF AMERICA v. COMMUNITY HEALTH NETWORK, INC.

District Court, S.D. Indiana · Apr 27, 2023

[Did not qualify in 2010.] … This instruction was not ambiguous and clearly requires CHN to provide "complete, narrative answers . . . without reference to documents."

Whipple v. Taylor University, Inc.

162 F. Supp. 3d 815 · District Court, N.D. Indiana · Feb 10, 2016

According to Taylor, Whipple fails to establish that he suffered an adverse employment action (Id., p. 4-6); fails to establish that he was meeting Taylor’s legitimate performance expectations (Id., pp. 10-12); fails to establish … of his duties with regard to the program, such an action clearly does not rise to the level of an adverse job action.