Case law

Vaughn v. Daniels Co.(West Virginia), Inc.

777 N.E.2d 1110 · Indiana Court of Appeals · Nov 4, 2002

Vojvoda, 662 N.E.2d 985, 990-91 (Ind.Ct.App.1996) (permitting officer to testify as to who was at fault in a car accident because he qualified as an expert based on his training, education, and experience); Osmulski v. … The only portion of the statutory definition of “user or consumer” that could include Vaughn in the present circumstances is that which includes “any individual who uses ... the product,” because Vaughn clearly did not purchase

Mace v. Ray

District Court, N.D. Indiana · Jul 8, 2022

He contends that Mace can only provide a mere profession of an intent to return that is insufficient to qualify as a real and immediate threat of injury. … However, he states that if Mace’s claim that she was trespassed is accurate then he is immunized from suit.

In Re the Marriage of: Alexander Nikolayev v. Natalia Nikolayev

Indiana Court of Appeals · May 31, 2012

A party challenging a trial court’s findings must establish that they are clearly erroneous. Id. Findings are clearly erroneous only when a review of the record leaves us firmly convinced a mistake has been made. Id. … The Guidelines clearly place bonuses within the general definition of “Weekly Gross Income.”

George Payne Jr v. Indiana Department of Corrections

District Court, N.D. Indiana · May 4, 2026

To qualify for this exception, documents must have been made in the regular course of business. Id. … Curry, though clearly against Mr. Payne’s demotion, has little to say about Mr. Payne’s job performance before the demotion.

Smith v. Farley

873 F. Supp. 1199 · District Court, N.D. Indiana · Oct 31, 1994

See Traverse Memorandum, at 91 citing Schomhorst, Preliminary Screening of Prosecutorial Access to Death Qualified Juries: A Missing Constitutional Link, 62 Ind.L.J. 295, 301-03 (1987). … . § 35-50-2-9(b)(6)(A) that the victim police officer must be “acting in the course of duty” in order to qualify for the death penalty. The petitioner relies on Spranger v.

Allison v. Dugan

737 F. Supp. 1043 · District Court, N.D. Indiana · May 16, 1990

The Plan is a “qualified trust pension plan” under the provisions of 26 U.S.C. § 401 , et. seq., and 29 U.S.C. § 1132 (e)(1). … Allison ignores the fact that the holding in this case has clearly been superceded by the decision of the United States Supreme Court in Massachusetts Mut. Life Ins. Co. v.

David Garden and Star Homes, Inc. d/b/a Garden Homes Realty v. Lucas International, LLC and Wade Lucas

Indiana Court of Appeals · Feb 14, 2013

Moreover, no fixed rules or standards have been established because the circumstances of no two cases are alike. Id. … ” that “[n]onetheless, Smith ignored his mail, including the summonses and motion for default,” that “[w]e do not agree that the failure of Smith to read his mail amounts to a breakdown in communication sufficient to qualify

GREENBANK v. GREAT AMERICAN ASSURANCE COMPANY

District Court, S.D. Indiana · Aug 13, 2021

We thus treat those facts as established for purpose of this order. … What is missing from this theory is any evidence establishing deceptive behavior or misleading communications from Great American regarding the short-term renewal. Great American clearly communicated to Ms.

Ruehl v. AM General LLC

District Court, N.D. Indiana · Mar 25, 2020

constituting a “mark,” only about what kind of “mark” is acceptable to qualify a document for protection under the MCA. … Then, the waiver is established as a matter of law.

Aaron Michael Toller v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 25, 2019

this Memorandum Decision shall not be FILED regarded as precedent or cited before any Jul 25 2019, 10:03 am court except for the purpose of establishing … State, 770 N.E.2d 818, 821-22 (Ind. 2002) (recognizing that impact on others may qualify as an aggravator in certain cases where a defendant’s actions had an impact “of a destructive nature that is not normally

PLAN COM'N FOR FLOYD COUNTY, IND. v. Klein

765 N.E.2d 632 · Indiana Court of Appeals · Mar 27, 2002

The ordinance must contain specific standards by which the plan commission can determine whether the plat qualifies for approval. IND.CODE § 36-7-4-702(b). … We will reverse the Commission's decision only if the evidence, viewed as a whole, demonstrates that the Commission's conclusions are clearly erroneous. Id.

Equal Employment Opportunity Commission v. Preferred Management Corp.

216 F. Supp. 2d 763 · District Court, S.D. Indiana · Mar 1, 2002

For reasons clearly addressed by the district court in EEOC v. … Three sorts of actions qualify to establish liability in the parent: (1) actions that would traditionally permit a court to pierce the corporate veil; (2) action “for the express purpose of avoiding liability under the discrimination

Rose v. Commissioner of Social Security

District Court, N.D. Indiana · Apr 20, 2022

The Law Under the Act, a claimant is entitled to DIB if she establishes an “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental … However, the physical therapist noted that despite no clearly defined cause, Rose demonstrated a myelopathic gait and ratcheting during MMT. (AR 532).

EAKIN v. COOK MEDICAL LLC

District Court, S.D. Indiana · Feb 28, 2025

Defendant is a medical device production and sales company.6 Defendant was established as an Indiana company in 2003, and has its global headquarters in Bloomington, Indiana.7 Defendant is licensed to and conducts business … Roger”), even though she was more qualified.17 Plaintiff also alleges that Lauren Perry (“Ms. Perry”) covered up Defendant’s employees’ sexual harassment by deleting complaints made against Mr.

Clay City Consolidated School Corp. v. Timberman

896 N.E.2d 1229 · Indiana Court of Appeals · Dec 2, 2008

However, it is well established that: “[a]t a minimum, proximate cause requires that the injury would not have occurred but for the defendant’s conduct.” Paragon Family Rest v. … However, the Appellant’s Appendix contains an Order on remittitur clearly dated January 14, 2008, but no Order on any motion to correct errors. (Appellant’s App. p. 12).

Juan Murillo Bravo v. Silvia Bravo and Rancho Bravo, Inc.

Indiana Court of Appeals · May 9, 2012

I believe a rereading of that response will demonstrate that the assumptions utilized and the hypothetical calculation are clearly set forth. … With the interrogatories a CD was produced and referenced which I think fairly qualifies as “attached or documents previously produced.” In this case, “attached.”

James E. Rogers v. State of Indiana

60 N.E.3d 256 · Indiana Court of Appeals · Jul 6, 2016

An abuse of discretion will not be found unless the decision is clearly against the logic and effect of the facts and circumstances. Howard v. Dravet, 813 N.E.2d 1217, 1221 (Ind. Ct. App. 2004). … That is, even if Wallace is a qualified social worker within the counselor/client privilege (which Rogers argues she is not because she is not a licensed social worker), the information sought is not

Gregory Young v. Nicole Young

Indiana Court of Appeals · Mar 5, 2012

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Mar 05 2012, 9:37 am court except for the purpose of establishing … A trial court has wide discretion in awarding attorney’s fees, and we will reverse such an award only if the trial court’s award is clearly against the logic and effect of the facts and circumstances before the court.

In the Matter of: K.D., a Child in Need of Services, S.D. (Mother) and Ke.D. (Father) v. Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · May 24, 2016

Conger an experienced, qualified, and credible guardian ad litem. 33. Ms. … We reverse only upon a showing that the decision of the [juvenile] court was clearly erroneous. Id.

Joshua C. Johnson v. State of Indiana

Indiana Court of Appeals · Oct 24, 2012

Appeal Brief at 14. 5 where the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court or it misinterprets … We conclude this sufficiently demonstrates Nurse Robison is “qualified as an expert by knowledge, skill, experience, training, or education.” Id.