26 Indiana opinions name it 2 courts 1979–2020 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.
| Case | Followed | Cited |
|---|---|---|
Menefee v. Schurrgreen2 sentences2005Notwithstanding the pronouncements made in Erie, this court has made the following observations with regard to an insurer's duty in a third party context: While Indiana law recognizes a legal duty implied in all insurance contracts for an insurer to deal in good faith with its insured, ... this duty of good faith does not apply to an insurer's dealings with a claimant in a third party claim. *44 Menefee v. Schurr, 751 N.E.2d 757, 760 (Ind.Ct.App.2001), trans. denied (2002); see Cromer v. Sefton, 471 N.E.2d 700, 703 (Ind.Ct.App.1984) (there is no duty or fiduciary relation running from the insu 2005Menefee v. Schurr, 751 N.E.2d 757, 760 (Ind.Ct.App.2001), trans. denied (2002); see Cromer v. Sefton, 471 N.E.2d 700, 703 (Ind.Ct.App.1984) (there is no duty or fiduciary relation running from the insurer to the injured plaintiff. | 2 | 2 |
Smith v. Marylandred2 sentences2019The third-party doctrine recognizes that "a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties." Smith v. Maryland , 442 U.S. 735 , 743-44, 99 S.Ct. 2577 , 61 L.Ed.2d 220 (1979). 2019The third-party doctrine recognizes that "a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties." Smith v. Maryland , 442 U.S. 735 , 743-44, 99 S.Ct. 2577 , 61 L.Ed.2d 220 (1979). | 1 | 2 |
People v. DeLairegreen2 sentences2017See People v. Blair, 25 Cal.3d 640 , 159 Cal.Rptr. 818 , 602 P.2d 738, 747-48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 200 Colo. 94 , 612 P.2d 1117, 1120-21 (1980) (en banc); Shaktman v. State, 553 So.2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876, 906-08 (Haw. 2014); State v. Thompson, 114 Idaho 746 , 760 P.2d 1162, 1167 (1988); People v. DeLaire, 240 Ill.App.3d 1012 , 183 Ill.Dec. 33 , 610 N.E.2d 1277, 1282 (Ill. 2017See People v. Blair, 602 P.2d 738 , 747–48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 612 P.2d 1117 , 1120–21 (Colo. 1980) (en banc); Shaktman v. State, 553 So. 2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876 , 906–08 (Haw. 2014); State v. Thompson, 760 P.2d 1162, 1167 (Idaho 1988); People v. DeLaire, 610 N.E.2d 1277, 1282 (Ill. | 1 | 1 |
United States v. Wheelergreen2 sentences2017See United States v. Wheeler, 169 F.Supp.3d 896, 910-11 (E.D. 2017See United States v. Wheeler, 169 F. Supp. 3d 896 , 910–11 (E.D. | 1 | 1 |
State v. Thompsongreen2 sentences2017See People v. Blair, 25 Cal.3d 640 , 159 Cal.Rptr. 818 , 602 P.2d 738, 747-48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 200 Colo. 94 , 612 P.2d 1117, 1120-21 (1980) (en banc); Shaktman v. State, 553 So.2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876, 906-08 (Haw. 2014); State v. Thompson, 114 Idaho 746 , 760 P.2d 1162, 1167 (1988); People v. DeLaire, 240 Ill.App.3d 1012 , 183 Ill.Dec. 33 , 610 N.E.2d 1277, 1282 (Ill. 2017See People v. Blair, 602 P.2d 738 , 747–48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 612 P.2d 1117 , 1120–21 (Colo. 1980) (en banc); Shaktman v. State, 553 So. 2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876 , 906–08 (Haw. 2014); State v. Thompson, 760 P.2d 1162, 1167 (Idaho 1988); People v. DeLaire, 610 N.E.2d 1277, 1282 (Ill. | 1 | 1 |
Katz v. United Statesgreen2 sentences2017See Smith, 442 U.S. at 743-44 , 99 S.Ct. 2577 (relying on the Katz test for the proposition that one “has no legitimate expectation of privacy in information he voluntarily turns over to third parties” (citing Katz, 389 U.S. at 361 , 88 S.Ct. 507 )). 2017See Smith, 442 U.S. at 743-44 , 99 S.Ct. 2577 (relying on the Katz test for the proposition that one “has no legitimate expectation of privacy in information he voluntarily turns over to third parties” (citing Katz, 389 U.S. at 361 , 88 S.Ct. 507 )). | 1 | 1 |
Charnes v. DiGiacomogreen2 sentences2017See People v. Blair, 25 Cal.3d 640 , 159 Cal.Rptr. 818 , 602 P.2d 738, 747-48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 200 Colo. 94 , 612 P.2d 1117, 1120-21 (1980) (en banc); Shaktman v. State, 553 So.2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876, 906-08 (Haw. 2014); State v. Thompson, 114 Idaho 746 , 760 P.2d 1162, 1167 (1988); People v. DeLaire, 240 Ill.App.3d 1012 , 183 Ill.Dec. 33 , 610 N.E.2d 1277, 1282 (Ill. 2017See People v. Blair, 602 P.2d 738 , 747–48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 612 P.2d 1117 , 1120–21 (Colo. 1980) (en banc); Shaktman v. State, 553 So. 2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876 , 906–08 (Haw. 2014); State v. Thompson, 760 P.2d 1162, 1167 (Idaho 1988); People v. DeLaire, 610 N.E.2d 1277, 1282 (Ill. | 1 | 1 |
Marcus Zanders v. State of Indianagreen2 sentences2017Id. at 265 . 2017Id. at 268 (Kirsch, J., dissenting). | 1 | 1 |
Shaktman v. Stategreen2 sentences2017See People v. Blair, 25 Cal.3d 640 , 159 Cal.Rptr. 818 , 602 P.2d 738, 747-48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 200 Colo. 94 , 612 P.2d 1117, 1120-21 (1980) (en banc); Shaktman v. State, 553 So.2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876, 906-08 (Haw. 2014); State v. Thompson, 114 Idaho 746 , 760 P.2d 1162, 1167 (1988); People v. DeLaire, 240 Ill.App.3d 1012 , 183 Ill.Dec. 33 , 610 N.E.2d 1277, 1282 (Ill. 2017See People v. Blair, 602 P.2d 738 , 747–48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 612 P.2d 1117 , 1120–21 (Colo. 1980) (en banc); Shaktman v. State, 553 So. 2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876 , 906–08 (Haw. 2014); State v. Thompson, 760 P.2d 1162, 1167 (Idaho 1988); People v. DeLaire, 610 N.E.2d 1277, 1282 (Ill. | 1 | 1 |
United States v. Aaron Grahamgreen2 sentences2017United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016), petition for cert. filed (U.S. Sept. 26, 2016) (No. 16-402); United States v. Graham, 824 F.3d 421 (4th Cir. 2016) (en banc), petition for cert. filed (U.S. Sept. 26, 2016) (No. 16-6308). 3 Even in circuits that have not yet weighed in, district courts have. 2017See United States v. Graham, 824 F.3d 421 (4th Cir. 2016) (en banc); In re Application of U.S. for Historical Cell Site Data, 724 F.3d 600 (5th Cir. 2013); United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); United States v. Davis, 785 F.3d 498 (11th Cir. 2015) (en banc). | 1 | 1 |
State v. Walton.green2 sentences2017See People v. Blair, 25 Cal.3d 640 , 159 Cal.Rptr. 818 , 602 P.2d 738, 747-48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 200 Colo. 94 , 612 P.2d 1117, 1120-21 (1980) (en banc); Shaktman v. State, 553 So.2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876, 906-08 (Haw. 2014); State v. Thompson, 114 Idaho 746 , 760 P.2d 1162, 1167 (1988); People v. DeLaire, 240 Ill.App.3d 1012 , 183 Ill.Dec. 33 , 610 N.E.2d 1277, 1282 (Ill. 2017See People v. Blair, 602 P.2d 738 , 747–48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 612 P.2d 1117 , 1120–21 (Colo. 1980) (en banc); Shaktman v. State, 553 So. 2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876 , 906–08 (Haw. 2014); State v. Thompson, 760 P.2d 1162, 1167 (Idaho 1988); People v. DeLaire, 610 N.E.2d 1277, 1282 (Ill. | 1 | 1 |
People v. Blairgreen2 sentences2017See People v. Blair, 25 Cal.3d 640 , 159 Cal.Rptr. 818 , 602 P.2d 738, 747-48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 200 Colo. 94 , 612 P.2d 1117, 1120-21 (1980) (en banc); Shaktman v. State, 553 So.2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876, 906-08 (Haw. 2014); State v. Thompson, 114 Idaho 746 , 760 P.2d 1162, 1167 (1988); People v. DeLaire, 240 Ill.App.3d 1012 , 183 Ill.Dec. 33 , 610 N.E.2d 1277, 1282 (Ill. 2017See People v. Blair, 602 P.2d 738 , 747–48 (Cal. 1979) (en banc); Charnes v. DiGiacomo, 612 P.2d 1117 , 1120–21 (Colo. 1980) (en banc); Shaktman v. State, 553 So. 2d 148, 151 (Fla. 1989); State v. Walton, 324 P.3d 876 , 906–08 (Haw. 2014); State v. Thompson, 760 P.2d 1162, 1167 (Idaho 1988); People v. DeLaire, 610 N.E.2d 1277, 1282 (Ill. | 1 | 1 |
United States v. Jonesgreen2 sentences2016In her concurring opinion in Jones , Justice Sotomayor declared that the assumption that people lack reasonable privacy expectations in information held by third parties is “ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.” Jones, 132 S.Ct. at 957 (Sotomayor, J., concurring). 2016In her concurring opinion in Jones, Justice Sotomayor declared that the assumption that people lack reasonable privacy expectations in information held by third parties is “ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.” Jones, 132 S.Ct. at 957 (Sotomayor, J., concurring). | 1 | 1 |
United States v. Warshakgreen2 sentences2016See Warshak, 631 F.3d at 287-88 . “[I]f a new technology permits the government to access information that it previously could not access without a warrant, using techniques not regulated under preexisting rules that predate technology, the effect will be that the Fourth Amendment matters less and less over time.” Orín S. Kerr, An Equilibrium- Adjustment Theory of the Fourth Amend ment, 215 Harv. 2016See Warshak, 631 F.3d at 287-88 . “[I]f a new technology permits the government to access information that it previously could not access without a warrant, using techniques not regulated under preexisting rules that predate technology, the effect will be that the Fourth Amendment matters less and less over time.” Orin S. Kerr, An Equilibrium-Adjustment Theory of the Fourth Amendment, 215 Harv. | 1 | 1 |
Christopher Wertz v. State of Indianagreen2 sentences2016See Wertz v. State, 41 N.E.3d 276, 285 (Ind.2015) (the data on defendant’s GPS device is subject to Fourth Amendment protections); Forest, 355 F.3d at 947 . [32] For years, courts and commentators have begun to acknowledge the increasing tension, wrought by our technological age, between the third-party doctrine and the primacy that the Fourth Amendment doctrine grants to our society’s expectation of privacy. 2016See Wertz v. State, 41 N.E.3d 276, 285 (Ind. 2015) (the data on defendant’s GPS device is subject to Fourth Amendment protections); Forest, 355 F.3d at 947 . [32] For years, courts and commentators have begun to acknowledge the increasing tension, wrought by our technological age, between the third-party doctrine and the primacy that the Fourth Amendment doctrine grants to our society’s expectation of privacy. | 1 | 1 |
Bailey v. State Farm Mutual Automobile Insurance Co.green1 sentence2012See Bailey, 881 N.E.2d at 1002-03 (holding that, although Indiana recognizes a third party claim for negligent entrustment against an entrustor when the third party is injured by an incapacitated driver, Indiana does not recognize a first party claim by the incapacitated driver for negligent entrustment of a motor vehicle to a voluntarily intoxicated adult). 5 . | 1 | 1 |
Fraley v. Mingergreen1 sentence2007They did not address the effect of paragraph' 9 of section 13, which states, with exceptions not relevant here, “[n]o release or settlement of claim for damages ... shall be valid ' without the written consent” of the employer. “[I]t is well-established that a judicial interpretation of a statute, particularly - by the Indiana Supreme Court, accompanied by substantial legislative inaction .for a considerable time, may be understood to signify the General Assembly’s acquiescence and agreement with the judicial interpretation.” Fraley v. Minger, 829 N.E.2d 476, 492 (Ind.2005). | 1 | 1 |
| Cromer v. Seftongreen | 1 | 1 |
| Freidline v. Shelby Insurance Co.green | 1 | 1 |
| Plumlee v. Monroe Guaranty Insurance Co.green | 1 | 1 |
| Hartwig v. Zacky Farmsgreen | 1 | 1 |
| Indianapolis Power & Light Co. v. Brad Snodgrass, Inc.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Carpenter v. United States
green
2 sentences2020And in Carpenter, the Court held that the third-party doctrine Indiana Supreme Court | Case No. 18S-CR-595 | June 23, 2020 Page 14 of 18 does not extend to cellular site location information, at least when seven days’ worth of data is obtained. 138 S. Ct. at 2217 & n.3. 2019Carpenter , 138 S.Ct. at 2217 & n.3, 2220. | 2 | 2019–2020 |
Matter of Guardianship of RB
green
2 sentences2001However, Huber and Guardianship of R.B. both indicate that if the presumption in favor of the parent(s) is rebutted, "then the question becomes whether it is in the best interests of the child to be placed in the custody of the third party." Huber, 723 N.E.2d at 975 ; Guardianship of R.B., 619 N.E.2d at 954 . 2001However, Huber and Guardianship of R.B. both indicate that if the presumption in favor of the parent(s) is rebutted, "then the question becomes whether it is in the best interests of the child to be placed in the custody of the third party." Huber, 723 N.E.2d at 975 , Guardianship of R.B., 619 N.E.2d at 954 . | 2 | 2001–2001 |
In Re Marriage of Huber
green
2 sentences2001However, Huber and Guardianship of R.B. both indicate that if the presumption in favor of the parent(s) is rebutted, "then the question becomes whether it is in the best interests of the child to be placed in the custody of the third party." Huber, 723 N.E.2d at 975 ; Guardianship of R.B., 619 N.E.2d at 954 . 2001However, Huber and Guardianship of R.B. both indicate that if the presumption in favor of the parent(s) is rebutted, "then the question becomes whether it is in the best interests of the child to be placed in the custody of the third party." Huber, 723 N.E.2d at 975 , Guardianship of R.B., 619 N.E.2d at 954 . | 2 | 2001–2001 |
Indiana State Highway Commission v. White
green
2 sentences1992Where the statute addresses collection without suit, it states that the attorney fee is twenty-five per cent of the benefits, which "consist of the amount of reimbursements, after the expenses and costs in connection with the third party claim have been deducted therefrom." Where the statute addresses collection with suit, the situation here, it does not state that benefits include such "reimbursements." Our supreme court construed the use of the term "reimbursements" in this portion of the statute in Indiana State Highway Commission v. White (1973), 259 Ind. 690 , 291 N.E.2d 550 . 1992Where the statute addresses collection without suit, it states that the attorney fee is twenty-five per cent of the benefits, which "consist of the amount of reimbursements, after the expenses and costs in connection with the third party claim have been deducted therefrom." Where the statute addresses collection with suit, the situation here, it does not state that benefits include such "reimbursements." Our supreme court construed the use of the term "reimbursements" in this portion of the statute in Indiana State Highway Commission v. White (1973), 259 Ind. 690 , 291 N.E.2d 550 . | 2 | 1990–1992 |
Marcus Zanders v. State of Indiana
green
1 sentence2019Id. | 1 | 2019–2019 |
United States v. Miller
red
2 sentences2017En route to our conclusion that this was not a “search,” we look first to" the two seminal United States Supreme Court cases applying the third-party doctrine to business documents: United States v. Miller, 425 U.S. 435 , 96 S.Ct. 1619 , 48 L.Ed.2d 71 , and Smith v. Maryland, 442 U.S. 735 , 99 S.Ct. 2577 , 61 L.Ed.2d 220 . 2017En route to our conclusion that this was not a “search,” we look first to the two seminal United States Supreme Court cases applying the third-party doctrine to business documents: 6 United States v. Miller, 425 U.S. 435 , and Smith v. Maryland, 442 U.S. 735 . | 1 | 2017–2017 |
United States v. Timothy Sanders
green
2 sentences2017United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016), petition for cert. filed (U.S. Sept. 26, 2016) (No. 16-402); United States v. Graham, 824 F.3d 421 (4th Cir. 2016) (en banc), petition for cert. filed (U.S. Sept. 26, 2016) (No. 16-6308). 3 Even in circuits that have not yet weighed in, district courts have. 2017See United States v. Graham, 824 F.3d 421 (4th Cir. 2016) (en banc); In re Application of U.S. for Historical Cell Site Data, 724 F.3d 600 (5th Cir. 2013); United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); United States v. Davis, 785 F.3d 498 (11th Cir. 2015) (en banc). | 1 | 2017–2017 |
Patrick Austin v. State of Indiana
green
1 sentence2017Under Section 11, the State bears the burden of showing that police conduct was “reasonable under the totality of the circumstances.” Id. at 1001–02. | 1 | 2017–2017 |
In re the United States
green
2 sentences2017See United States v. Graham, 824 F.3d 421 (4th Cir. 2016) (en banc); In re Application of U.S. for Historical Cell Site Data, 724 F.3d 600 (5th Cir. 2013); United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); United States v. Davis, 785 F.3d 498 (11th Cir. 2015) (en banc). 2017See United States v. Graham, 824 F.3d 421 (4th Cir. 2016) (en banc); In re Application of U.S. for Historical Cell Site Data, 724 F.3d 600 (5th Cir. 2013); United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); United States v. Davis, 785 F.3d 498 (11th Cir. 2015) (en banc). | 1 | 2017–2017 |
United States v. Quartavious Davis
green
2 sentences2017See United States v. Graham, 824 F.3d 421 (4th Cir. 2016) (en banc); In re Application of U.S. for Historical Cell Site Data, 724 F.3d 600 (5th Cir. 2013); United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); United States v. Davis, 785 F.3d 498 (11th Cir. 2015) (en banc). 2017See United States v. Graham, 824 F.3d 421 (4th Cir. 2016) (en banc); In re Application of U.S. for Historical Cell Site Data, 724 F.3d 600 (5th Cir. 2013); United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); United States v. Davis, 785 F.3d 498 (11th Cir. 2015) (en banc). | 1 | 2017–2017 |
United States v. Craig Forest (02-3022) and Herman E. Garner, III (02-3064)
green
2 sentences2016See Wertz v. State, 41 N.E.3d 276, 285 (Ind.2015) (the data on defendant’s GPS device is subject to Fourth Amendment protections); Forest, 355 F.3d at 947 . [32] For years, courts and commentators have begun to acknowledge the increasing tension, wrought by our technological age, between the third-party doctrine and the primacy that the Fourth Amendment doctrine grants to our society’s expectation of privacy. 2016See Wertz v. State, 41 N.E.3d 276, 285 (Ind. 2015) (the data on defendant’s GPS device is subject to Fourth Amendment protections); Forest, 355 F.3d at 947 . [32] For years, courts and commentators have begun to acknowledge the increasing tension, wrought by our technological age, between the third-party doctrine and the primacy that the Fourth Amendment doctrine grants to our society’s expectation of privacy. | 1 | 2016–2016 |
U.S. Bank, N.A. v. Integrity Land Title Corp.
green
1 sentence2012Id. | 1 | 2012–2012 |
DePuy, Inc. v. Farmer
green
2 sentences2009He supports his argument by referencing DePuy, Inc., in which our Supreme Court observed that an employee who obtains a "final judgment" against a third party for less than the amount of the employer's liability under the Act may nevertheless collect worker's compensation benefits by collecting the judgment and repaying the employer (or employer's insurer) for previous compensation or assigning all rights under the judgment to the employer. 847 N.E.2d at 166 . 2009However, this is contrary to the plain language of our Indiana Supreme Court in DePuy: "if an employee settles without the approval of the employer (or its carrier) the employer (or its carrier) is free to challenge the amount received as inadequate." 847 N.E.2d at 169-70 . | 1 | 2009–2009 |
| Erie Insurance v. Hickman Ex Rel. Smith green | 1 | 2003–2003 |
| Spangler, Jennings & Dougherty P.C. v. Indiana Insurance green | 1 | 2003–2003 |
| Masonic Temple Ass'n of Crawfordsville v. Indiana Farmers Mutual Insurance green | 1 | 2003–2003 |
| Bennett v. Slater green | 1 | 2001–2001 |
| Schwartz v. Castleton Christian Church, Inc. green | 1 | 1999–1999 |
| Cook v. Humana Health Care Plan, Inc. green | 1 | 1997–1997 |
| Ramon v. Glenroy Const. Co., Inc. green | 1 | 1994–1994 |
| Claxton v. Hutton green | 1 | 1994–1994 |
| Redman Homes, Inc. v. Speer neutral | 1 | 1994–1994 |
| Panich v. Iron Wood Products Corp. green | 1 | 1991–1991 |
| Cornell Harbison Excavating, Inc. v. May green | 1 | 1990–1990 |
| Koughn v. Utrad Industries, Inc. green | 1 | 1981–1981 |
| Bostedo v. Board of Trade of City of Chicago neutral | 1 | 1979–1979 |
| Swope v. Paul neutral | 1 | 1979–1979 |
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.
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.