obdurate behavior exception (Indiana) · Go Syfert
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obdurate behavior exception in Indiana

29 Indiana opinions name it 3 courts 1982–2020 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 (9)

CaseFollowedCited
Kikkert v. Krummgreen
ind · 1985 · cited in 16 Indiana opinions naming this issue, 1985–2019
2 sentences

2019John , our Supreme Court noted: In Kikkert v. Krumm , 474 N.E.2d 503 , 505 (Ind. 1985), we discussed the obdurate behavior exception to the American rule, but found it inapplicable under the facts presented.

2011The Department also seeks fees in accordance with the obdurate behavior exception to the "American Rule.” The obdurate behavior exception, however, "provides a remedy [only] for defendants who are dragged into baseless litigation.” Cf., Kikkert v. Krumm, 474 N.E.2d 503, 505 (Ind.1985) with Ind. Code § 34 — 52—1—1(b) (2011) (allowing both plaintiffs and defendants to recover attorney fees).

816
Loparex, LLC v. MPI Release Technologies, LLCgreen
ind · 2012 · cited in 2 Indiana opinions naming this issue, 2016–2020
2 sentences

2020See Loparex, 964 N.E.2d at 816 n.5; Town of St.

2016See also Loparex, 964 N.E.2d at 816 n.5.

22
State Board of Tax Commissioners v. Town of St. Johngreen
ind · 2001 · cited in 2 Indiana opinions naming this issue, 2011–2019
2 sentences

2019John , 751 N.E.2d at 658 (internal citations omitted). [28] River Ridge argues that the obdurate behavior exception no longer exists because it has been codified in Indiana Code Section 34-52-1-1(b).

2011John, 751 N.E.2d 657, 659 (Ind.2001) (explaining that the obdurate behavior exception to the "American Rule” has been codified in Indiana Code § 34-52-1-1). 2 .

22
Cox v. Ubikgreen
indctapp · 1981 · cited in 6 Indiana opinions naming this issue, 1982–1990
2 sentences

1989“The nature of an attorney fee award under the obdurate behavior exception is punitive, designed to reimburse a prevailing party who has been dragged into baseless litigation and thereby subjected to great expense.” Kikkert v. Krumm (1985), Ind., 474 N.E.2d 503, 505 (emphasis in text) (citing Cox v. Ubik (1981), Ind.App., 424 N.E.2d 127 ; Hall v. Cole (1973), 412 U.S. 1 , 93 S.Ct. 1943 , 36 *772 L.Ed.2d 702).

1982Given this record we must conclude Welfare’s initial denial of the Engleharts’ claims had some merit and consequently was not baseless. *133 Finally, it is readily apparent the obdurate behavior exception to the general rule on attorney fees espoused in Cox v. Ubik, supra, is punitive in nature.

16
Hall v. Colegreen
scotus · 1973 · cited in 4 Indiana opinions naming this issue, 1985–2000
2 sentences

1989“The nature of an attorney fee award under the obdurate behavior exception is punitive, designed to reimburse a prevailing party who has been dragged into baseless litigation and thereby subjected to great expense.” Kikkert v. Krumm (1985), Ind., 474 N.E.2d 503, 505 (emphasis in text) (citing Cox v. Ubik (1981), Ind.App., 424 N.E.2d 127 ; Hall v. Cole (1973), 412 U.S. 1 , 93 S.Ct. 1943 , 36 *772 L.Ed.2d 702).

1989“The nature of an attorney fee award under the obdurate behavior exception is punitive, designed to reimburse a prevailing party who has been dragged into baseless litigation and thereby subjected to great expense.” Kikkert v. Krumm (1985), Ind., 474 N.E.2d 503, 505 (emphasis in text) (citing Cox v. Ubik (1981), Ind.App., 424 N.E.2d 127 ; Hall v. Cole (1973), 412 U.S. 1 , 93 S.Ct. 1943 , 36 *772 L.Ed.2d 702).

14
Margaret Kosarko v. William A. Padula, Administrator of the Estate of Daniel L. Herndoblergreen
ind · 2012 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Kosarko , 979 N.E.2d at 149 -50 .

11
Lacey v. Indiana Department of State Revenuegreen
indtc · 2008 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011See generally Lacey v. Indiana Dep’t of State Revenue (Lacey I), 894 N.E.2d 1113 (Ind. Tax Ct.2008), review denied (regarding 2006); Lacey v. Indiana Dep’t of State Revenue (Lacey I Interim Order), No. 49T10-0711-TA-70, slip, op., 2008 WL 1103786 (Ind. Tax Ct. Apr. 11, 2008) (granting, in part, the Department’s first motion for judgment on the pleadings); Lacey v. Indiana Dep’t of State Revenue (Lacey II), 948 N.E.2d 878 (Ind. Tax Ct.2011) (regarding 2007); Lacey v. Indiana Dep’t of State Revenue (Lacey II Interim Order), No. 49T10-0906-TA-25, slip op., 2009 WL 3426348, at *5 (Ind. Tax Ct. Oct

11
Lacey v. Indiana Dept. of State Revenuegreen
indtc · 2009 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011See generally Lacey v. Indiana Dep’t of State Revenue (Lacey I), 894 N.E.2d 1113 (Ind. Tax Ct.2008), review denied (regarding 2006); Lacey v. Indiana Dep’t of State Revenue (Lacey I Interim Order), No. 49T10-0711-TA-70, slip, op., 2008 WL 1103786 (Ind. Tax Ct. Apr. 11, 2008) (granting, in part, the Department’s first motion for judgment on the pleadings); Lacey v. Indiana Dep’t of State Revenue (Lacey II), 948 N.E.2d 878 (Ind. Tax Ct.2011) (regarding 2007); Lacey v. Indiana Dep’t of State Revenue (Lacey II Interim Order), No. 49T10-0906-TA-25, slip op., 2009 WL 3426348, at *5 (Ind. Tax Ct. Oct

11
Greensburg Local 761 Printing Specialities v. Robbinsgreen
indctapp · 1990 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999Greensburg Local No. 761 Printing Specialities v. Robbins, 549 N.E.2d 79, 80 (Ind.Ct.App.1990), reh’g denied, trans. denied.

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 (11)

CaseCitedYears
Kahn v. Cundiff green
indctapp · 1989
2 sentences

2020In Kahn, we adopted the panel’s comparison of the statute and the common law—that the General Recovery Rule does not require a party to have acted with “an improper motive,” whereas the obdurate behavior exception does. 533 N.E.2d at 171 .

1991Kahn v. Cundiff (1989) 1st Dist.Ind.App., 533 N.E.2d 164 , adopted upon transfer 543 N.E.2d 627 , did not discuss the obdurate behavior exception except in the context of I.C. 34-1-32-1 itself.

21991–2020
Matter of Estate of Kroslack green
indctapp · 1991
2 sentences

2019This court, however, affirmed the award of attorney fees based on the party's bad faith and conduct, which was "vexatious and oppressive in the extreme." Id. at 121 .

2019Moreover, the obdurate behavior exception was inapplicable because it only applied to "situations in which the defendant has been forced to defend a baseless claim." Kroslack , 570 N.E.2d at 120 .

21992–2019
State v. Denny green
ind · 1980
2 sentences

1984Therefore because Welfare [Department of Welfare] is a governmental entity punitive damages cannot be assessed against it under the reasoning of the recent decision in State v. Denny, (1980) Ind., 406 N.E.2d 240 .” 436 N.E.2d at 133 .

1984Therefore because Welfare [Department of Welfare] is a governmental entity punitive damages cannot be assessed against it under the reasoning of the recent decision in State v. Denny, (1980) Ind., 406 N.E.2d 240 ." 436 N.E.2d at 133 .

21982–1984
Lacey v. Indiana Department of State Revenue green
indtc · 2011
1 sentence

2011See generally Lacey v. Indiana Dep’t of State Revenue (Lacey I), 894 N.E.2d 1113 (Ind. Tax Ct.2008), review denied (regarding 2006); Lacey v. Indiana Dep’t of State Revenue (Lacey I Interim Order), No. 49T10-0711-TA-70, slip, op., 2008 WL 1103786 (Ind. Tax Ct. Apr. 11, 2008) (granting, in part, the Department’s first motion for judgment on the pleadings); Lacey v. Indiana Dep’t of State Revenue (Lacey II), 948 N.E.2d 878 (Ind. Tax Ct.2011) (regarding 2007); Lacey v. Indiana Dep’t of State Revenue (Lacey II Interim Order), No. 49T10-0906-TA-25, slip op., 2009 WL 3426348, at *5 (Ind. Tax Ct. Oct

12011–2011
Lacey v. Indiana Department of State Revenue green
indtc · 2011
1 sentence

2011See generally Lacey v. Indiana Dep’t of State Revenue (Lacey I), 894 N.E.2d 1113 (Ind. Tax Ct.2008), review denied (regarding 2006); Lacey v. Indiana Dep’t of State Revenue (Lacey I Interim Order), No. 49T10-0711-TA-70, slip, op., 2008 WL 1103786 (Ind. Tax Ct. Apr. 11, 2008) (granting, in part, the Department’s first motion for judgment on the pleadings); Lacey v. Indiana Dep’t of State Revenue (Lacey II), 948 N.E.2d 878 (Ind. Tax Ct.2011) (regarding 2007); Lacey v. Indiana Dep’t of State Revenue (Lacey II Interim Order), No. 49T10-0906-TA-25, slip op., 2009 WL 3426348, at *5 (Ind. Tax Ct. Oct

12011–2011
Cap Gemini America, Inc. v. Judd green
indctapp · 1992
1 sentence

1993Id.

11993–1993
Kahn v. Cundiff green
ind · 1989
2 sentences

1991App., 533 N.E.2d 164 , adopted upon transfer 543 N.E.2d 627 , did not discuss the obdurate behavior exception except in the context of I.C.

1991Kahn v. Cundiff (1989) 1st Dist.Ind.App., 533 N.E.2d 164 , adopted upon transfer 543 N.E.2d 627 , did not discuss the obdurate behavior exception except in the context of I.C. 34-1-32-1 itself.

11991–1991
Baker v. Townsend yellow
indctapp · 1988
1 sentence

1989Baker v. Townsend (1988), Ind.App., 519 N.E.2d 192 .

11989–1989
Orr v. Turco Manufacturing Co. green
ind · 1987
1 sentence

1989Co. (1987), Ind., 512 N.E.2d 151 concerning the power to award appellate attorney fees under Appellate Rule 15.

11989–1989
Saint Joseph's College v. Morrison, Inc. green
indctapp · 1973
2 sentences

1984Saint Joseph's College v. Morrison, Inc. (1973), 158 Ind.App. 272 , 302 N.E.2d 865, 871 .

1984Saint Joseph's College v. Morrison, Inc. (1973), 158 Ind.App. 272 , 302 N.E.2d 865, 871 .

11984–1984
In Re Wardship of Turrin green
indctapp · 1982
2 sentences

1984Therefore because Welfare [Department of Welfare] is a governmental entity punitive damages cannot be assessed against it under the reasoning of the recent decision in State v. Denny, (1980) Ind., 406 N.E.2d 240 .” 436 N.E.2d at 133 .

1984Therefore because Welfare [Department of Welfare] is a governmental entity punitive damages cannot be assessed against it under the reasoning of the recent decision in State v. Denny, (1980) Ind., 406 N.E.2d 240 ." 436 N.E.2d at 133 .

11984–1984

Statutes the citing opinions construe

IN § Ind. Code § 34-52-1-1 (8)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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