25 Indiana opinions name it 3 courts 1972–2026 3 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 |
|---|---|---|
Bellwether Properties, LLC v. Duke Energy Indiana, Inc.green2 sentences2026But a plaintiff may plead itself out of court if its complaint alleges, and thus admits, the essential elements of a defense.” Bellwether Props., LLC v. Duke Energy Ind., Inc., 87 N.E.3d 462, 466 (Ind. 2017). 2020As we recounted in Bellwether, “[o]nly where a plaintiff has pleaded itself out of court by alleging, and thus admitting, the essential elements of a defense does its complaint fail to state a claim on which relief can be granted.” Id. | 2 | 5 |
Nichols v. AMAX COAL COMPANYgreen2 sentences2026An example is where the “complaint shows on its face that the statute of limitations has run[.” Nichols v. Amax Coal Co., 490 N.E.2d 754, 755 (Ind. 1986)]. 2019“An example is where the ‘complaint shows on its face that the statute of limitations has run.’” Id. (quoting Nichols, 490 N.E.2d at 755 )). [34] Indiana Code section 34-11-2-4(a)(2) (2013) provides in pertinent part that an action for injury to personal property must be commenced “within two years” after the cause of action accrues. | 2 | 3 |
Hayworth v. Schilli Leasing, Inc.green2 sentences2017Rather, the State—as the party seeking to avoid disclosure—“has the burden of establishing the essential elements of the privilege being invoked.” Howard v. Dravet, 813 N.E.2d 1217, 1221 (Ind. Ct. App. 2004) (citing Petersen v. U.S. Reduction Co., 547 N.E.2d 860, 862 (Ind. Ct. App. 1989)); see also Hayworth v. Schilli Leasing, Inc., 669 N.E.2d 165, 169 (Ind. 1996); Owens v. Best Beers of Bloomington, Inc., 648 N.E.2d 699, 702 (Ind. Ct. App. 1995) (“The burden to prove the applicability of the privilege is on the one who asserts it.”) (citing Colman v. Heidenreich, 269 Ind. 419, 423 , 381 N.E.2 2014“Claims of privilege ‘must be made and sustained on a question-by-question or document-by-document basis.’ ” Hayworth, 669 N.E.2d at 169 (citation omitted). | 2 | 2 |
Howard v. Dravetgreen2 sentences2017Rather, the State—as the party seeking to avoid disclosure—“has the burden of establishing the essential elements of the privilege being invoked.” Howard v. Dravet, 813 N.E.2d 1217, 1221 (Ind. Ct. App. 2004) (citing Petersen v. U.S. Reduction Co., 547 N.E.2d 860, 862 (Ind. Ct. App. 1989)); see also Hayworth v. Schilli Leasing, Inc., 669 N.E.2d 165, 169 (Ind. 1996); Owens v. Best Beers of Bloomington, Inc., 648 N.E.2d 699, 702 (Ind. Ct. App. 1995) (“The burden to prove the applicability of the privilege is on the one who asserts it.”) (citing Colman v. Heidenreich, 269 Ind. 419, 423 , 381 N.E.2 2014“The party seeking to avoid discovery has the burden of establishing the essential elements of the privilege being invoked.” Howard v. Dravet, 813 N.E.2d 1217, 1221 (Ind.Ct.App.2004). | 2 | 2 |
Petersen v. U.S. Reduction Co.green2 sentences2017Rather, the State—as the party seeking to avoid disclosure—“has the burden of establishing the essential elements of the privilege being invoked.” Howard v. Dravet, 813 N.E.2d 1217, 1221 (Ind. Ct. App. 2004) (citing Petersen v. U.S. Reduction Co., 547 N.E.2d 860, 862 (Ind. Ct. App. 1989)); see also Hayworth v. Schilli Leasing, Inc., 669 N.E.2d 165, 169 (Ind. 1996); Owens v. Best Beers of Bloomington, Inc., 648 N.E.2d 699, 702 (Ind. Ct. App. 1995) (“The burden to prove the applicability of the privilege is on the one who asserts it.”) (citing Colman v. Heidenreich, 269 Ind. 419, 423 , 381 N.E.2 1991Ind.App., 547 N.E.2d 860 , 862: “The party seeking to avoid discovery has the burden of establishing the essential elements of the privilege being invoked. | 1 | 4 |
Schrader v. Eli Lilly and Co.green2 sentences2009"The essential elements of the defense of qualified privilege are good faith, an interest to be upheld, a statement limited in its seope to this purpose, a proper occasion, and publication in a proper manner to the appropriate parties only." Schrader v. El Lilly & Co., 639 N.E.2d 258, 262 (Ind.1994). 1997Angus cites Schrader v. Eli Lilly and Co., 639 N.E.2d 258, 262 , (Ind.1994), wherein our supreme court described qualified privilege as follows: [Qualified] privilege applies to communications made in good faith on any subject matter in which the party making the communication has an interest or in reference to which he has a duty, either public or private, either legal, moral, or social, if made to a person having a corresponding interest or duty. ***** The essential elements of the defense of qualified privilege are good faith, an interest to be upheld, a statement limited in its scope to th | 1 | 2 |
Indiana State Ethics Commission, Office of Inspector General, and David Thomas, in his Official Capacity as Inspector General v. Patricia Sanchezgreen1 sentence2019See Ind. State Ethics Comm'n v. Sanchez , 18 N.E.3d 988 , 993 (Ind. 2014). | 1 | 1 |
Colman v. Heidenreichgreen2 sentences2017Rather, the State—as the party seeking to avoid disclosure—“has the burden of establishing the essential elements of the privilege being invoked.” Howard v. Dravet, 813 N.E.2d 1217, 1221 (Ind. Ct. App. 2004) (citing Petersen v. U.S. Reduction Co., 547 N.E.2d 860, 862 (Ind. Ct. App. 1989)); see also Hayworth v. Schilli Leasing, Inc., 669 N.E.2d 165, 169 (Ind. 1996); Owens v. Best Beers of Bloomington, Inc., 648 N.E.2d 699, 702 (Ind. Ct. App. 1995) (“The burden to prove the applicability of the privilege is on the one who asserts it.”) (citing Colman v. Heidenreich, 269 Ind. 419, 423 , 381 N.E.2 2017Rather, the State—as the party seeking to avoid disclosure—“has the burden of establishing the essential elements of the privilege being invoked.” Howard v. Dravet, 813 N.E.2d 1217, 1221 (Ind. Ct. App. 2004) (citing Petersen v. U.S. Reduction Co., 547 N.E.2d 860, 862 (Ind. Ct. App. 1989)); see also Hayworth v. Schilli Leasing, Inc., 669 N.E.2d 165, 169 (Ind. 1996); Owens v. Best Beers of Bloomington, Inc., 648 N.E.2d 699, 702 (Ind. Ct. App. 1995) (“The burden to prove the applicability of the privilege is on the one who asserts it.”) (citing Colman v. Heidenreich, 269 Ind. 419, 423 , 381 N.E.2 | 1 | 1 |
Owens v. Best Beers of Bloomington, Inc.green1 sentence2017Rather, the State—as the party seeking to avoid disclosure—“has the burden of establishing the essential elements of the privilege being invoked.” Howard v. Dravet, 813 N.E.2d 1217, 1221 (Ind. Ct. App. 2004) (citing Petersen v. U.S. Reduction Co., 547 N.E.2d 860, 862 (Ind. Ct. App. 1989)); see also Hayworth v. Schilli Leasing, Inc., 669 N.E.2d 165, 169 (Ind. 1996); Owens v. Best Beers of Bloomington, Inc., 648 N.E.2d 699, 702 (Ind. Ct. App. 1995) (“The burden to prove the applicability of the privilege is on the one who asserts it.”) (citing Colman v. Heidenreich, 269 Ind. 419, 423 , 381 N.E.2 | 1 | 1 |
Brown v. Katzgreen1 sentence2014See Howard, 813 N.E.2d at 1221 (“[t]he party seeking to avoid discovery has the burden of establishing the essential elements of the privilege being invoked”) (citation omitted); Brown, 868 N.E.2d at 1167 (the provision of some rationale for the assertion of a privilege on question-by-question basis facilitates a court’s ability to rule on the matter with specificity). | 1 | 1 |
Kelley v. Tanoosgreen1 sentence2009"Whether a defendant acted in good faith in making a statement usually is a question of fact for the jury." Kelley, 865 N.E.2d at 598 (citation and quotation marks omitted). | 1 | 1 |
Mitchell v. Stategreen2 sentences1999See, e.g., Mitchell v. State, 270 Ind. 4 , 382 N.E.2d 932 (1978). 1999See, e.g., Mitchell v. State, 270 Ind. 4 , 382 N.E.2d 932 (1978). | 1 | 1 |
Walters v. Kellam & Foley, Mussett, Nicholas & Stevenson, Inc.green1 sentence1980Accord, Walters v. Kellam & Foley (1977), Ind.App., 360 N.E.2d 199 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Love v. State
green
1 sentence2018In Love, the Indiana Supreme Court recognized the right to challenge selective prosecution if the prosecution is discriminatory in nature. 468 N.E.2d at 521 and we have held: The essential elements of a claim of selective prosecution are: “(1) that other violators similarly situated are generally not prosecuted; (2) that the selection of the claimant was ‘intentional or purposeful’; and (3) that the selection was pursuant to an ‘arbitrary classification.’” 2 W. | 1 | 2018–2018 |
Michael v. Wolfe
green
1 sentence2018“Generally, this means that the insured must establish the fault of the tortfeasor, the fact that there is no insurance policy covering the motorist or motor vehicle, and resulting damages.” Id. [8] After both parties rested, State Farm moved for judgment on the evidence claiming that Owens failed to prove all of the essential elements of her claim. | 1 | 2018–2018 |
Community Hospitals of Indianapolis, Inc. v. Medtronic, Inc., Neuro Division
green
1 sentence1994Community Hospitals, 594 N.E.2d 448 . | 1 | 1994–1994 |
Shallenberger v. Scoggins-Tomlinson, Inc.
green
1 sentence1994Shallenberger v. Scoggins-Tomlinson, Inc. (1982), Ind.App., 439 N.E.2d 699 . | 1 | 1994–1994 |
United States of America and William C. McCormick Special Agent, Irs v. J. Martin Lawless
green
1 sentence1989United States v. Lawless (7th Cir.1983), 709 F.2d 485, 487 . | 1 | 1989–1989 |
Tutwiler v. Snodgrass
green
1 sentence1988Acra, supra. In an action for fraud, these elements are: "a material misrepresentation of past or existing fact, which representation is *830 false and made with knowledge or reckless ignorance of the falsity, and which causes reliance upon such representations to the detriment of the person so relying." Tutwiler, 428 N.E.2d at 1295 . | 1 | 1988–1988 |
First National Bank of New Castle v. Acra
green
1 sentence1988Acra, supra. In an action for fraud, these elements are: "a material misrepresentation of past or existing fact, which representation is *830 false and made with knowledge or reckless ignorance of the falsity, and which causes reliance upon such representations to the detriment of the person so relying." Tutwiler, 428 N.E.2d at 1295 . | 1 | 1988–1988 |
Searcy v. Manganhas
green
1 sentence1982Searcy v. Manganhas, (1981) Ind.App., 415 N.E.2d 142 , trans. denied. | 1 | 1982–1982 |
Indianapolis Traction & Terminal Co v. Croly
green
2 sentences1972It is intended to be limited to that special class of cases where, as was said in Indianapolis Traction, etc. Co. v. Croly, 54 Ind. App. 566, 587 , 96 N. E. 973, 981 , (1913), (Transfer denied). ‘. . . their chances are equal; but the motorman [defendant] actually possesses the knowledge of the danger and appreciates the necessity of taking steps to avoid the injury, while the person injured has no actual knowledge of his danger, and does not appreciate the necessity of taking steps to avoid it.’ ” In that case we approved the giving of an instruction which states the essential elements of the 1972It is intended to be limited to that special class of cases where, as was said in Indianapolis Traction, etc. Co. v. Croly, 54 Ind. App. 566, 587 , 96 N. E. 973, 981 , (1913), (Transfer denied). ‘. . . their chances are equal; but the motorman [defendant] actually possesses the knowledge of the danger and appreciates the necessity of taking steps to avoid the injury, while the person injured has no actual knowledge of his danger, and does not appreciate the necessity of taking steps to avoid it.’ ” In that case we approved the giving of an instruction which states the essential elements of the | 1 | 1972–1972 |
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.