Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
22 Indiana opinions name it 2 courts 1918–2020 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 |
|---|---|---|
Fisher v. Estate of Haleygreen2 sentences2017Id. at 170-71. “[A] claim is litigated in ‘bad faith’ if the party presenting the claim is affirmatively operating with furtive design or ill will.” Fisher v. Estate of Haley, 695 N.E.2d 1022, 1029 (Ind. Ct. App. 1998). [28] Alisa claims the Menefees had indicated previously, under oath and to Alisa’s family, that the money was a loan. 2008Under Indiana Code section 34-52-l-l(b)(l), a trial court may award attorney’s to the prevailing party “if the court finds that either party ... litigated the action in bad faith.” We have explained that under this statute, “bad faith” is demonstrated where “the party presenting the claim is affirmatively operating with furtive design or ill will.” Fisher v. Estate of Haley, 695 N.E.2d 1022, 1029 (Ind.Ct.App.1998). | 4 | 5 |
SJS Refractory Co. v. Empire Refractory Sales, Inc.green2 sentences2017“Bad faith is demonstrated where the party presenting the claim is affirmatively operating with furtive design or ill will.” Dunno, 980 N.E.2d at 851 (citing SJS Refractory Co., LLC v. Empire Refractory Sales, Inc., 952 N.E.2d 758, 770 (Ind. Ct. App. 2011)). 2017“Bad faith is demonstrated where the party presenting the claim is affirmatively operating with furtive design or ill will.” Dunno, 980 N.E.2d at 851 (citing SJS Refractory Co., LLC v. Empire Refractory Sales, Inc., 952 N.E.2d 758, 770 (Ind. Ct. App. 2011)). [41] In regard to its determination of bad faith, the trial court made the following relevant findings: 7. | 4 | 4 |
Richard Troy Dunno v. Ronalee Rasmussengreen2 sentences2017“Bad faith is demonstrated where the party presenting the claim is affirmatively operating with furtive design or ill will.” Dunno, 980 N.E.2d at 851 (citing SJS Refractory Co., LLC v. Empire Refractory Sales, Inc., 952 N.E.2d 758, 770 (Ind. Ct. App. 2011)). 2017“Bad faith is demonstrated where the party presenting the claim is affirmatively operating with furtive design or ill will.” Dunno, 980 N.E.2d at 851 (citing SJS Refractory Co., LLC v. Empire Refractory Sales, Inc., 952 N.E.2d 758, 770 (Ind. Ct. App. 2011)). [41] In regard to its determination of bad faith, the trial court made the following relevant findings: 7. | 3 | 6 |
R.L. Turner Corp. v. Town of Brownsburggreen2 sentences2020Turner Corp. v. Town of Brownsburg, 963 N.E.2d 453, 457 (Ind. 2012)). “[T]he trial court’s decision to award attorney’s fees and any amount thereof is reviewed for an abuse of Court of Appeals of Indiana | Opinion 19A-PL-1569 | March 13, 2020 Page 21 of 29 discretion.” Id. 2020Turner Corp. v. Town of Brownsburg, 963 N.E.2d 453, 457 (Ind. 2012)). “[T]he trial court’s decision to award attorney’s fees and any amount thereof is reviewed for an abuse of Court of Appeals of Indiana | Opinion 19A-PL-1569 | March 13, 2020 Page 21 of 29 discretion.” Id. | 1 | 2 |
Chrysler Motor Corp. v. Reshetergreen1 sentence2015Chrysler Motor Corp. v. Resheter, 637 N.E.2d 837, 838 (Ind.Ct.App.1994), trans. denied. | 1 | 1 |
Figg v. Bryan Rental Inc.green1 sentence1998Figg v. Bryan Rental Inc., 646 N.E.2d 69, 76 (Ind.Ct.App.1995). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
James C. Purcell v. Old National Bank
green
2 sentences2020“Bad faith is demonstrated where the party presenting the claim is affirmatively operating with furtive design or ill will.” Id. [30] “The trial court’s decision to award attorney’s fees under § 34-52-1-1 is subject to a multi-level review: the trial court’s findings of facts are reviewed under the clearly erroneous standard and legal conclusions regarding whether the litigant’s claim was frivolous, unreasonable, or groundless are reviewed de novo.” Purcell, 972 N.E.2d at 843 (citing R.L. 2018"Bad faith is demonstrated where the party presenting the claim is affirmatively operating with furtive design or ill will." Id. [25] "The trial court's decision to award attorney's fees under § 34-52-1-1 is subject to a multi-level review: the trial court's findings of facts are reviewed under the clearly erroneous standard and legal conclusions regarding whether the litigant's claim was frivolous, unreasonable, or groundless are reviewed de novo." Purcell , 972 N.E.2d at 843 (citing R.L. | 2 | 2018–2020 |
Julie Kitchell v. Ted Franklin, as the Mayor of the City of Logansport, and The Common Council of the City of Logansport
green
2 sentences2020“Bad faith is demonstrated where the party presenting the claim is affirmatively operating with furtive design or ill will.” Id. [30] “The trial court’s decision to award attorney’s fees under § 34-52-1-1 is subject to a multi-level review: the trial court’s findings of facts are reviewed under the clearly erroneous standard and legal conclusions regarding whether the litigant’s claim was frivolous, unreasonable, or groundless are reviewed de novo.” Purcell, 972 N.E.2d at 843 (citing R.L. 2018"Bad faith is demonstrated where the party presenting the claim is affirmatively operating with furtive design or ill will." Id. [25] "The trial court's decision to award attorney's fees under § 34-52-1-1 is subject to a multi-level review: the trial court's findings of facts are reviewed under the clearly erroneous standard and legal conclusions regarding whether the litigant's claim was frivolous, unreasonable, or groundless are reviewed de novo." Purcell , 972 N.E.2d at 843 (citing R.L. | 2 | 2018–2020 |
Parks v. Madison County
green
2 sentences2014A claim is “litigated in ‘bad faith’ if the party presenting the claim is affirmatively operating with furtive design or ill will.” Id. 2006"Finally, a claim is litigated in 'bad faith' if the party presenting the claim is affirmatively operating with furtive design or ill will." Id. | 2 | 2006–2014 |
State v. Craft
green
2 sentences1937A party presenting a challenge, as here, must stand ready to prove the facts upon which he relies. 24 Cyc. 332; State v. Craft (1901), 164 Mo. 631 , 65 S. W. 280 ; Borrelli v. People (1897), 164 Ill. 549 , 45 N. E. 1024 ; DeKalb, etc., R. 1937A party presenting a challenge, as here, must stand ready to prove the facts upon which he relies. 24 Cyc. 332; State v. Craft (1901), 164 Mo. 631 , 65 S. W. 280 ; Borrelli v. People (1897), 164 Ill. 549 , 45 N. E. 1024 ; DeKalb, etc., R. | 2 | 1918–1937 |
Borrelli v. People
neutral
2 sentences1937A party presenting a challenge, as here, must stand ready to prove the facts upon which he relies. 24 Cyc. 332; State v. Craft (1901), 164 Mo. 631 , 65 S. W. 280 ; Borrelli v. People (1897), 164 Ill. 549 , 45 N. E. 1024 ; DeKalb, etc., R. 1937A party presenting a challenge, as here, must stand ready to prove the facts upon which he relies. 24 Cyc. 332; State v. Craft (1901), 164 Mo. 631 , 65 S. W. 280 ; Borrelli v. People (1897), 164 Ill. 549 , 45 N. E. 1024 ; DeKalb, etc., R. | 2 | 1918–1937 |
Knowledge A-Z, Inc. v. Sentry Insurance
green
1 sentence2019Id. | 1 | 2019–2019 |
Terry and Laura Wagler, Larry and Jennifer Wagler, Norman Wagler, and Janet and Nathan Wagler v. West Boggs Sewer District Inc.
green
2 sentences2015Wagler, 980 N.E.2d at 383 . [17] As a general matter, Kitchell contends first that the trial court’s findings of fact and conclusions of law as a whole are “suspect” because they are a verbatim adoption of the City’s proposed findings. 2015Wag *1059 ler, 980 N.E.2d at 383 . | 1 | 2015–2015 |
DeKalb & Great Western Ry. Co. v. Rowell
neutral
1 sentence1918Co. v. Powell (1898), 74 Ill. | 1 | 1918–1918 |
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.