owners claim (Indiana) · Go Syfert
← Indiana issues

owners claim in Indiana

5 Indiana opinions name it 2 courts 1969–2018 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Carter v. Nugent Sand Co.green
ind · 2010 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017As the Barnette court observed, “ ‘[w]here an administrative remedy is readily available, filing a declaratory judgment action is not a suitable alternative.’” Barnette, 15 N.E.3d at 9 (quoting Carter v. Nugent Sand Co., 925 N.E.2d 356, 360 (Ind. 2010)).

11
Hartig v. Stratmangreen
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015Hartig v. Stratman, 760 N.E.2d 668, 671 (Ind. Ct. App. 2002), trans. denied. [10] Moreover, the trial court’s order here was simply a general denial of the Owners’ motion in its entirety.

11
Timothy F. Kelly and Assoc. v. Ill. Farmers Ins. Co.green
indctapp · 1994 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001Timothy F. Kelly & Assocs. v. Illinois Farmers Ins., Co., 640 N.E.2d 82, 85-86 (Ind.Ct.App.1994).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Weaver v. American Oil Company green
ind · 1971
2 sentences

2018We note that relative bargaining power, and not conspicuousness of contract terms, is the relevant consideration when determining whether a contract was entered into knowingly and willingly, see Weaver , 257 Ind. at 465 , 276 N.E.2d at 148 , and we are unpersuaded by the Owners' claim that they were unaware of the exculpatory clause contained in the Covenants and Restrictions.

2018We note that relative bargaining power, and not conspicuousness of contract terms, is the relevant consideration when determining whether a contract was entered into knowingly and willingly, see Weaver , 257 Ind. at 465 , 276 N.E.2d at 148 , and we are unpersuaded by the Owners' claim that they were unaware of the exculpatory clause contained in the Covenants and Restrictions.

12018–2018
Fresh Cut, Inc. v. Fazli green
ind · 1995
2 sentences

2018Id. (citing Fresh Cut , 650 N.E.2d at 1130 ). [19] Considering the above factors, 4 we find no compelling reason to declare the exculpatory clause void. 5 This is based in large part on two overarching observations that we have already touched upon.

2018Id. (citing Fresh Cut , 650 N.E.2d at 1130 ). [19] Considering the above factors, 4 we find no compelling reason to declare the exculpatory clause void. 5 This is based in large part on two overarching observations that we have already touched upon.

12018–2018
Trimble v. Ameritech Publishing, Inc. green
ind · 1998
2 sentences

2018Id. (citing Fresh Cut , 650 N.E.2d at 1130 ). [19] Considering the above factors, 4 we find no compelling reason to declare the exculpatory clause void. 5 This is based in large part on two overarching observations that we have already touched upon.

2018Id. (citing Fresh Cut , 650 N.E.2d at 1130 ). [19] Considering the above factors, 4 we find no compelling reason to declare the exculpatory clause void. 5 This is based in large part on two overarching observations that we have already touched upon.

12018–2018
Barnette v. US Architects, LLP green
indctapp · 2014
1 sentence

2017As the Barnette court observed, “ ‘[w]here an administrative remedy is readily available, filing a declaratory judgment action is not a suitable alternative.’” Barnette, 15 N.E.3d at 9 (quoting Carter v. Nugent Sand Co., 925 N.E.2d 356, 360 (Ind. 2010)).

12017–2017
Johnson v. Celebration Fireworks, Inc. green
ind · 2005
1 sentence

2017To the extent that Plaintiff Owners’ claim is that they are sure the BZA would rule against them, “[T]he mere fact that an administrative agency might refuse to provide the relief requested does not amount to futility.” Johnson, 829 N.E.2d at 984 .

12017–2017
Bell v. State neutral
ind · 1873
1 sentence

1969Furnace v. State (1899), 153 Ind. 93 , 54 N. E. 441 ; Bell v. State (1873), 42 Ind. 335 .

11969–1969
Furnace v. State green
ind · 1899
2 sentences

1969Furnace v. State (1899), 153 Ind. 93 , 54 N. E. 441 ; Bell v. State (1873), 42 Ind. 335 .

1969Furnace v. State (1899), 153 Ind. 93 , 54 N. E. 441 ; Bell v. State (1873), 42 Ind. 335 .

11969–1969

Where else courts name it

NY 18 (1863–2024) TX 15 (1887–2026) FL 10 (1973–2026) CA 10 (1941–2025) PA 7 (1985–2022) IL 6 (1960–2009) IN 5 (1969–2018) OK 4 (1992–2024) NC 4 (1900–1918) MA 4 (1943–2007) WA 4 (1990–2024) OH 3 (2011–2026) MD 3 (1994–2024) OR 3 (2015–2024) WV 2 (1912–2014) AK 2 (1980–2022) LA 2 (1976–1978) MO 2 (1994–2016) HI 2 (2006–2017) DC 2 (1997–2008) UT 2 (2005–2020) KY 2 (1906–1970) CO 2 (1991–2020) DE 2 (2017–2026) NM 2 (2013–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check