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165 Indiana opinions name it 3 courts 1992–2026 4 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 |
|---|---|---|
Charter One Mortgage Corp. v. Condragreen2 sentences2019Charter One Mortgage Corp. v. Condra , 865 N.E.2d 602 , 604 (Ind. 2007). 2019Charter One Mortgage Corp. v. Condra , 865 N.E.2d 602 , 604 (Ind. 2007). | 14 | 19 |
Babes Showclub, Jaba, Inc. v. Lairgreen2 sentences2024We conclude that Davis-Brumley has not carried her burden of persuasion. [11] Our standard of review regarding a motion to dismiss is as follows: “A motion to dismiss for failure to state a claim tests the legal sufficiency of the claim, not the facts supporting it.” Babes Showclub, Jaba, Inc. v. Lair, 918 N.E.2d 308, 310 (Ind. 2009). 2015“A motion to dismiss for failure to state a claim tests the legal sufficiency of the claim, not the facts supporting it.” Babes Showclub, Jaba, Inc. v. Lair, 918 N.E.2d 308, 310 (Ind.2009). | 7 | 8 |
Town of Plainfield v. Town of Avongreen2 sentences2012Town of Plainfield v. Town of Avon, 757 N.E.2d 705, 710 (Ind.Ct.App.2001), trans. denied. 2006DECISION We review de novo a trial court's grant of a Trial Rule 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted as it "tests the legal sufficiency of a claim." Town of Plainfield v. Town of Avon, 757 N.E.2d 705, 710 (Ind.Ct.App.2001). | 6 | 8 |
Gorski v. DRR, Inc.green2 sentences2007Gorski v. DRR, Inc., 801 N.E.2d 642, 644 (Ind.Ct.App.2003). 2007Gorski v. DRR, Inc., 801 N.E.2d 642, 644-45 (Ind.Ct.App.2003). | 6 | 6 |
Julie Kitchell v. Ted Franklin, as the Mayor of the City of Logansport, and the Common Council of the City of Logansportgreen2 sentences2025Standard of Review [10] Trial Rule 12(B)(6) permits a claim’s dismissal for “[f]ailure to state a claim upon which relief can be granted.” A motion to dismiss under this rule “tests the legal sufficiency of the claim, not the facts supporting it.” Thornton v. State, 43 N.E.3d 585, 587 (Ind. 2015) (quoting Kitchell v. Franklin, 997 N.E.2d 1020, 1025 (Ind. 2013)). 2016“A motion to dismiss for failure to state a claim tests the legal sufficiency of the claim, not the facts supporting it.” Id. | 5 | 9 |
Godby v. Whiteheadgreen2 sentences2016Godby v. Whitehead, 837 N.E.2d 146, 149 (Ind.Ct.App.2005), tmns. denied. 2015Godby v. Whitehead, 837 N.E.2d 146 (Ind. Ct. App. 2005), trans. denied. | 5 | 9 |
Thornton v. Stategreen2 sentences2026Accordingly, we will proceed with our review, under Trial Rule 12(B)(6) standards, of whether Ed Carpenter Racing failed to state a claim upon which relief can be granted against VForward2, and if we determine that it did, we will remand the case to give Ed Carpenter Racing an opportunity to amend its claim against VForward2 as provided by Trial Rule 12(B). [28] A Trial Rule 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted “‘tests the legal sufficiency of the claim, not the facts supporting it.’” Estate of Morgan by Hullett v. Morgan, 263 N.E.3d 758 , 76 2025Standard of Review [10] Trial Rule 12(B)(6) permits a claim’s dismissal for “[f]ailure to state a claim upon which relief can be granted.” A motion to dismiss under this rule “tests the legal sufficiency of the claim, not the facts supporting it.” Thornton v. State, 43 N.E.3d 585, 587 (Ind. 2015) (quoting Kitchell v. Franklin, 997 N.E.2d 1020, 1025 (Ind. 2013)). | 5 | 5 |
Vakos v. Travelers Insurancegreen2 sentences2004Vakos v. Travelers Ins., 691 N.E.2d 499, 501 (Ind. App.1998). 2004Vakos v. Travelers Ins., 691 N.E.2d 499, 501 (Ind.App.1998). | 4 | 5 |
Caesars Riverboat Casino, LLC v. Kephartgreen2 sentences2018"Such a motion tests the legal sufficiency of a claim, not the facts supporting it." Id. 2018“Such a motion tests the legal sufficiency of a claim, not the facts supporting it.” Id. | 3 | 6 |
Kmk v. Akgreen2 sentences2018A Trial Rule 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted tests the legal sufficiency of a claim, not the facts supporting it. *492 K.M.K. v. A.K. , 908 N.E.2d 658 , 662 (Ind. Ct. App. 2009). 2014K.M.K. v. A.K., 908 N.E.2d 658, 662 (Ind.Ct.App.2009), reh’g denied, trans. denied. | 3 | 4 |
Natalie Medley v. Bruce Lemmon, Julie Stout, Pam Ferguson, Stacey Milner, Sherry White, L.A. Vannatta, Mike Pavese, Virginia McCulloughgreen2 sentences2015Medley v. Lemmon, 994 N.E.2d 1177, 1182 (Ind. Ct. App. 2013), trans. denied. 2015Medley v. Lemmon, 994 N.E.2d 1177, 1182 (Ind.Ct.App.2013), trams, denied. | 3 | 3 |
Collard v. Enyeartgreen2 sentences2012Collard v. Enyeart, 718 N.E.2d 1156, 1158-59 (Ind. Ct. App. 1999), trans. denied (2000). 2000Collard v. Enyeart, 718 N.E.2d 1156, 1158-59 (Ind.Ct.App.1999), trans. denied (2000). | 3 | 3 |
Hosler Ex Rel. Hosler v. Caterpillar, Inc.green2 sentences2002Hosier v. Caterpillar, Inc., 710 N.E.2d 193, 196 (Ind.Ct.App.1999), trans. denied (citation omitted). 2001See id. | 3 | 3 |
Borgman v. Aikensgreen2 sentences2001Borgman v. Aikens, 681 N.E.2d 213, 216 (Ind.Ct.App.1997), trans. denied. 2000Borgman v. Aikens, 681 N.E.2d 213, 216 (Ind. *1091 Ct.App.1997), trans. denied. | 3 | 3 |
Sims v. Beamergreen2 sentences2023Id. 2010Id. | 2 | 12 |
Magic Circle Corp., D/B/A Dixie Chopper, Arthur Evans, Wesley Evans, and Jeffrey Haltom v. Crowe Horwath, LLPgreen2 sentences2018Court of Appeals of Indiana | Opinion 71A03-1705-PL-982 | January 23, 2018 Page 5 of 17 Discussion and Decision [9] A motion to dismiss for failure to state a claim tests the legal sufficiency of the claim, not the facts supporting it.3 Magic Circle Corp. v. Crowe Horwath, LLP, 72 N.E.3d 919, 922 (Ind. Ct. App. 2017). 2018Discussion and Decision [9] A motion to dismiss for failure to state a claim tests the legal sufficiency of the claim, not the facts supporting it. 3 Magic Circle Corp. v. Crowe Horwath, LLP , 72 N.E.3d 919 , 922 (Ind. Ct. App. 2017). | 2 | 4 |
Scruggs v. Allen County/City of Fort Waynegreen2 sentences2008Standard of Review A motion to dismiss for failure to state a claim upon which relief can be granted under Indiana Trial Rule 12(B)(6) “tests the legal sufficiency of a claim, not the facts supporting it.” Scruggs v. Allen County / City of Fort Wayne, 829 N.E.2d 1049, 1051 (Ind.Ct.App.2005). 2006Scruggs v. Allen County/City of Fort Wayne, 829 N.E.2d 1049, 1051 (Ind.Ct.App.2005), reh'g. denied. | 2 | 2 |
Absher v. Clark County Rural Electric Membership Corp.green2 sentences1999Absher v. Clark County Rural Electric Membership Corp., 629 N.E.2d 870, 871 (Ind.Ct.App.1994), trans. denied. 1999Absher v. Clark County Rural Electric Membership Corp., 629 N.E.2d 870, 871 (Ind.Ct.App.1994), trans. denied. | 2 | 2 |
Lei Shi v. Cecilia Yigreen2 sentences2020“The grant or denial of a motion to dismiss turns only on the legal sufficiency of the claim and does not require determinations of fact.” Id. at 36–37. 2020“A motion to dismiss under Rule 12(B)(6) tests the legal sufficiency of a complaint: that is, whether the allegations in the complaint establish any set of circumstances under which a plaintiff would be entitled to relief.” Id. at 37 . | 1 | 6 |
Gray v. Westinghouse Electric Corp.green2 sentences1996Gray v. Westinghouse Electric Corp., 624 N.E.2d 49, 52 (Ind.Ct.App.1993), trans. denied. 1995Gray v. Westinghouse Electric Corp. (1993), Ind.App., 624 N.E.2d 49, 52 , trans. denied. | 1 | 4 |
McPeek v. McCardlegreen2 sentences2015McPeek v. McCardle, 888 N.E.2d 171 (Ind. 2008). 2014Id. | 1 | 3 |
Lawson v. First Union Mortgage Co.green2 sentences2005Lawson v. First Union Mortgage Co., 786 N.E.2d 279, 281 (Ind.Ct.App.2003). 2005Id. | 1 | 3 |
Mathews v. Hansengreen2 sentences2020“The grant or denial of a motion to dismiss turns only on the legal sufficiency of the claim and does not require determinations of fact.” Id. [13] The trial court here entered findings of fact and conclusions thereon sua sponte. 2005See Mathews v. Hansen, 797 N.E.2d 1168, 1171 (Ind.Ct.App.2003), trans. denied. | 1 | 2 |
In Re Custody of Gjgreen2 sentences2011In re Custody of G.J., 796 N.E.2d 756 (Ind.Ct.App.2003), trans. denied. 2004In re Custody of G.J., 796 N.E.2d 756, 759 (Ind.Ct.App.2003), trans. denied. | 1 | 2 |
Wireless Advocates, LLC v. Indiana Department of State Revenuegreen1 sentence2020Wireless Advocates, LLC v. Indiana Dep’t of State Revenue, 973 N.E.2d 111, 112 (Ind. Tax Ct. 2012). | 1 | 1 |
| Gasbi, LLC d/b/a Michiana Chrysler Dodge Jeep Ram Fiat v. Tatiyana Sandersgreen | 1 | 1 |
| National Wine & Spirits Corp. v. Indiana Alcohol & Tobacco Commissiongreen | 1 | 1 |
| Holleman v. Indiana Department of Correctiongreen | 1 | 1 |
| Elaine Chenore v. Robert Plantzgreen | 1 | 1 |
| Medco Health Solutions, Inc. v. Indiana Department of State Revenuegreen | 1 | 1 |
| Hi-Way Dispatch, Inc. v. Indiana Department of State Revenuegreen | 1 | 1 |
| City of East Chicago v. East Chicago Second Century, Inc.green | 1 | 1 |
| Eddie Trail and Katrinka Trail v. Boys and Girls Clubs of Northwest Indianagreen | 1 | 1 |
| Crosson v. Berrygreen | 1 | 1 |
| Thompson v. VIGO COUNTY BOARD OF COUNTY COMMISSIONERSgreen | 1 | 1 |
| Harmony Health Plan of Indiana, Inc. v. Indiana Department of Administrationgreen | 1 | 1 |
| ServiceMaster Diversified Health Services, L.P. v. Wileygreen | 1 | 1 |
| Stulajter v. Harrah's Indiana Corp.green | 1 | 1 |
| Brown v. Delaneygreen | 1 | 1 |
| Weiss v. Indiana Parole Boardgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bellows v. BD. OF COM'RS OF CTY. OF ELKHART
green
2 sentences2018Id. " 'A motion to dismiss under Rule 12(B)(6) tests the legal sufficiency of a complaint: that is, whether the allegations in the complaint establish any set of circumstances under which a plaintiff would be entitled to relief.' " Id. (quoting Lei Shi v. Cecilia Yi , 921 N.E.2d 31 , 36 (Ind. Ct. App. 2010) ). *227 [5] Indiana Code Section 36-5-7-6(c) (2018) provides in relevant part that a town marshal may dismiss a deputy marshal at any time. 2016“The grant or denial of a motion to dismiss turns only on the legal sufficiency of the claim and does not require determinations of fact.” Id. | 5 | 2013–2018 |
Thomas L. Arflack v. Town of Chandler, Indiana Chandler Town Council and Town of Chandler Advisory Plan Commission
green
2 sentences2018Id. 2017Id. | 3 | 2016–2018 |
Burke v. Town of Schererville
green
2 sentences2016Id. 2011Id. | 3 | 2005–2016 |
Charles Brown v. Vanderburgh County Sheriff's Department and Vanderburgh County, Indiana
green
2 sentences2019Id. 2019Id. | 2 | 2019–2019 |
Putnam County Sheriff v. Price
green
2 sentences2016“That is to say, it tests whether the allegations in the complaint establish any set of circumstances under which a plaintiff would be entitled to relief.” Price, 954 N.E.2d at 453 . 2013“That is to say, it tests whether the allegations in the complaint establish any set of circumstances under which a plaintiff would be entitled to relief.” Price, 954 N.E.2d at 453 . | 2 | 2013–2016 |
| Janet Freels v. James F. Koches and Sunset Builders, Inc. green | 1 | 2020–2020 |
| Richter v. Asbestos Insulating & Roofing green | 1 | 2013–2013 |
| State v. Thompson neutral | 1 | 2008–2008 |
| Schulz v. State green | 1 | 2003–2003 |
| Rayle v. Bolin green | 1 | 2003–2003 |
| American Dry Cleaning & Laundry v. State green | 1 | 2002–2002 |
| Indiana Carpenters Central & Western Indiana Pension Fund v. Seaboard Surety Co. green | 1 | 1993–1993 |
| Bowman v. Bowman green | 1 | 1992–1992 |
| Anderson v. Anderson green | 1 | 1992–1992 |
| Smith v. Midwest Mutual Insurance Company green | 1 | 1992–1992 |
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.