disputed claim (Indiana) · Go Syfert
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disputed claim in Indiana

18 Indiana opinions name it 2 courts 1907–2024 1 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 (8)

CaseFollowedCited
Covey v. Stategreen
indctapp · 2010 · cited in 1 Indiana opinions naming this issue, 2024–2024
1 sentence

2024See Covey v. State, 929 N.E.2d 813, 819 (Ind. Ct. App. 2010) (stating that where defendant failed to object to jury instruction or failed to tender his own instruction, claim of error on appeal is waived unless he can show fundamental error). [33] Fundamental error is an extremely narrow exception to waiver, providing relief only in egregious circumstances.

11
Dennis Jack Horner v. Marcia (Horner) Cartergreen
ind · 2013 · cited in 1 Indiana opinions naming this issue, 2020–2020
1 sentence

2020The Indiana Supreme Court has explained that this exception allows mediation evidence to be used “in collateral matters unrelated to the dispute that is the subject of the mediation.” Horner v. Carter, 981 N.E.2d 1210, 1212 (Ind. 2013).

11
Showboat Marina Casino Partnership v. Tonn & Blank Constructiongreen
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016Showboat Marina Casino P’ship v. Torn & Blank Constr., 790 N.E.2d 595, 597 (Ind.Ct.App.2008) (citing Mi slenkov v. Accurate Metal Detinning, Inc., 743 N.E.2d 286, 290 (Ind.Ct.App.2001)).

11
Mislenkov v. Accurate Metal Detinning, Inc.green
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016Showboat Marina Casino P’ship v. Torn & Blank Constr., 790 N.E.2d 595, 597 (Ind.Ct.App.2008) (citing Mi slenkov v. Accurate Metal Detinning, Inc., 743 N.E.2d 286, 290 (Ind.Ct.App.2001)).

11
In Re Failure to Satisfy Costs in Lawyer Disciplinary Cases of Colegreen
ind · 2011 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011The Act provides that parties to a disputed claim for unemployment benefits are to be afforded “a reasonable opportunity for a fair hearing.” *378 Ind.Code § 22-4-17-8; see also Lush, 944 N.E.2d at 495 .

11
Matter of Thonertgreen
ind · 1998 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999See Thonert, 693 N.E.2d 559 (communications to public officials undertaken in a representative capacity by the members of the attorney's office support staff during attorney's suspension, which sought to obtain benefits for individuals represented by attorney, constitutes the practice of law); Mittower, 693 N.E.2d 555 (acting on behalf of estate planning service constitutes practice of law); Tandon, 433 N.E.2d 779 (negotiating a settlement on behalf of an insured with his own insurance company of a disputed claim for loss or damages constitutes the practice of law); State ex rel.

11
Spradlin v. Stategreen
ind · 1991 · cited in 1 Indiana opinions naming this issue, 1998–1998
1 sentence

1998Attempted Battery Instruction In Spradlin v. State, we held that a jury instruction purporting to set out the elements of attempted murder “must inform the jury that the State must prove beyond a reasonable doubt that the defendant, with intent to kill the victim, engaged in conduct which was a substantial step toward such killing.” 569 N.E.2d at 950 (emphasis added).

11
Campagnola v. Mulhollandgreen
ny · 1990 · cited in 1 Indiana opinions naming this issue, 1995–1995
2 sentences

1995See also Campagnola v. Mulholland (1990), 76 N.Y.2d 38 , 555 N.E.2d 611 , 556 N.Y.S.2d 239 (ruling it "especially appropriate to deny eredit for a fee where, as here, the defendant attorneys performed absolutely no services in connection with the disputed claim ..." and that "in these cireumstances" the attorney was precluded from claiming credit for an unearned fee).

1995See also Campagnola v. Mulholland (1990), 76 N.Y.2d 38 , 555 N.E.2d 611 , 556 N.Y.S.2d 239 (ruling it "especially appropriate to deny eredit for a fee where, as here, the defendant attorneys performed absolutely no services in connection with the disputed claim ..." and that "in these cireumstances" the attorney was precluded from claiming credit for an unearned fee).

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 (16)

CaseCitedYears
O'Keefe v. Glacier General Assurance Co. neutral
mont · 1994
2 sentences

2010In Matter of Estate of Michael v. Glacier General Assurance Co., 264 Mont. 261 , 871 P.2d 272 (1994), the disputed claim arose from a financial security bond issued by Glacier.

2010In Matter of Estate of Michael v. Glacier General Assurance Co., 264 Mont. 261 , 871 P.2d 272 (1994), the disputed claim arose from a financial security bond issued by (Glacier.

22010–2010
Estate of Michael v. GLACIER GEN. ASSUR. green
mont · 1994
2 sentences

2010In Matter of Estate of Michael v. Glacier General Assurance Co., 264 Mont. 261 , 871 P.2d 272 (1994), the disputed claim arose from a financial security bond issued by Glacier.

2010In Matter of Estate of Michael v. Glacier General Assurance Co., 264 Mont. 261 , 871 P.2d 272 (1994), the disputed claim arose from a financial security bond issued by (Glacier.

22010–2010
Professional Adjusters, Inc. v. Tandon green
ind · 1982
2 sentences

1999See Thonert, 693 N.E.2d 559 (communications to public officials undertaken in a representative capacity by the members of the attorney's office support staff during attorney's suspension, which sought to obtain benefits for individuals represented by attorney, constitutes the practice of law); Mittower, 693 N.E.2d 555 (acting on behalf of estate planning service constitutes practice of law); Tandon, 433 N.E.2d 779 (negotiating a settlement on behalf of an insured with his own insurance company of a disputed claim for loss or damages constitutes the practice of law); State ex rel.

1982Professional Adjusters, Inc. v. Tandon, (1982) Ind., 433 N.E.2d 779 .

21982–1999
Martin v. Martin green
ind · 1986
2 sentences

1990Id. at 525 .

1989The relevant portion of IND.CODE § 31-1-11.5-12 (1988 Ed.) provides: "(d) The duty to support a child under this chapter ceases when the child reaches twenty-one (21) years of age unless: (1) the child is emancipated prior to reaching twenty-one (21) years of age in which case the child support, except for the educational needs outlined in subsection (b)(1), terminates at the time of emancipation; however, an order for educational needs may continue in effect until further order of the court[.]" [Emphasis added.] This portion of the statute was interpreted in Martin v. Martin (1986), Ind., 495

21989–1990
Mominee v. King green
indctapp · 1994
1 sentence

2020Id. at 1282-83 (citing 1 Am. Jur. 2d Accord and Satisfaction § 21, at 320).

12020–2020
In re Miller neutral
ind · 2013
1 sentence

2016Husband objected on the basis that this evidence was a matter of compromise, stating, “that there was a period of time in which [Husband] was unrepresented and they had called . . . what I would call a hiatus through the proceeding, and they were trying to work things out Court of Appeals of Indiana | Memorandum Decision 55A01-1512-DR-2089 | September 30, 2016 Page 8 of 11 themselves, and it might be . . . and it is a matter of compromise.” Id.

12016–2016
Depew v. Burkle green
indctapp · 2003
1 sentence

2006The plaintiff settled her case against the driver and signed a release that released the driver and all other companies and persons, their respective successors and assigns, and whether known or unknown, from any and all claims, demands, actions, costs, damages and causes of action which the Plaintiff now has, ever had, or may have in the future on account of any and all damages, losses or injuries sustained by the Plaintiff by reason of an incident which occurred on October 10, 1995, it is understood and agreed by and among all of the parties to the within release that payment of said sum to

12006–2006
Fink v. Peden green
ind · 1938
2 sentences

1999Indiana State Bar Ass'n v. Osborne, 241 Ind. 375 , 172 N.E.2d 434 (1961) (preparing and drafting a will and giving advice as to the contents and legal effect of a will is the practice of law); Fink, 214 Ind. 584 , 17 N.E.2d 95 (negotiating a settlement on behalf of a widow and children with a railroad on claim for death of deceased employee constitutes the practice of law); Eley v. Miller, 7 Ind.App. 529 , 34 N.E. 836 (1893) (preparing legal instruments and contracts by which legal rights are secured although the matter may or may not be pending in a court constitutes the practice of law).

1999Indiana State Bar Ass'n v. Osborne, 241 Ind. 375 , 172 N.E.2d 434 (1961) (preparing and drafting a will and giving advice as to the contents and legal effect of a will is the practice of law); Fink, 214 Ind. 584 , 17 N.E.2d 95 (negotiating a settlement on behalf of a widow and children with a railroad on claim for death of deceased employee constitutes the practice of law); Eley v. Miller, 7 Ind.App. 529 , 34 N.E. 836 (1893) (preparing legal instruments and contracts by which legal rights are secured although the matter may or may not be pending in a court constitutes the practice of law).

11999–1999
Eley v. Miller green
indctapp · 1893
2 sentences

1999Indiana State Bar Ass'n v. Osborne, 241 Ind. 375 , 172 N.E.2d 434 (1961) (preparing and drafting a will and giving advice as to the contents and legal effect of a will is the practice of law); Fink, 214 Ind. 584 , 17 N.E.2d 95 (negotiating a settlement on behalf of a widow and children with a railroad on claim for death of deceased employee constitutes the practice of law); Eley v. Miller, 7 Ind.App. 529 , 34 N.E. 836 (1893) (preparing legal instruments and contracts by which legal rights are secured although the matter may or may not be pending in a court constitutes the practice of law).

1999Indiana State Bar Ass'n v. Osborne, 241 Ind. 375 , 172 N.E.2d 434 (1961) (preparing and drafting a will and giving advice as to the contents and legal effect of a will is the practice of law); Fink, 214 Ind. 584 , 17 N.E.2d 95 (negotiating a settlement on behalf of a widow and children with a railroad on claim for death of deceased employee constitutes the practice of law); Eley v. Miller, 7 Ind.App. 529 , 34 N.E. 836 (1893) (preparing legal instruments and contracts by which legal rights are secured although the matter may or may not be pending in a court constitutes the practice of law).

11999–1999
In Re Contempt of the Supreme Court of Indiana green
ind · 1998
1 sentence

1999See Thonert, 693 N.E.2d 559 (communications to public officials undertaken in a representative capacity by the members of the attorney's office support staff during attorney's suspension, which sought to obtain benefits for individuals represented by attorney, constitutes the practice of law); Mittower, 693 N.E.2d 555 (acting on behalf of estate planning service constitutes practice of law); Tandon, 433 N.E.2d 779 (negotiating a settlement on behalf of an insured with his own insurance company of a disputed claim for loss or damages constitutes the practice of law); State ex rel.

11999–1999
State Ex Rel. Indiana State Bar Ass'n v. Osborne green
ind · 1961
2 sentences

1999Indiana State Bar Ass'n v. Osborne, 241 Ind. 375 , 172 N.E.2d 434 (1961) (preparing and drafting a will and giving advice as to the contents and legal effect of a will is the practice of law); Fink, 214 Ind. 584 , 17 N.E.2d 95 (negotiating a settlement on behalf of a widow and children with a railroad on claim for death of deceased employee constitutes the practice of law); Eley v. Miller, 7 Ind.App. 529 , 34 N.E. 836 (1893) (preparing legal instruments and contracts by which legal rights are secured although the matter may or may not be pending in a court constitutes the practice of law).

1999Indiana State Bar Ass'n v. Osborne, 241 Ind. 375 , 172 N.E.2d 434 (1961) (preparing and drafting a will and giving advice as to the contents and legal effect of a will is the practice of law); Fink, 214 Ind. 584 , 17 N.E.2d 95 (negotiating a settlement on behalf of a widow and children with a railroad on claim for death of deceased employee constitutes the practice of law); Eley v. Miller, 7 Ind.App. 529 , 34 N.E. 836 (1893) (preparing legal instruments and contracts by which legal rights are secured although the matter may or may not be pending in a court constitutes the practice of law).

11999–1999
Ralph W. Moores, Jr. v. Nathan Greenberg, Ralph W. Moores, Jr. v. Nathan Greenberg green
ca1 · 1987
1 sentence

1995Cf. Moores v. Greenberg, 834 F.2d 1105 (Ist Cir.1987) (allowing deduction for attorney's fees where counsel's efforts produced the rejected settlement offer upon which the legal malpractice action was based). *941 The theory of quantum meruit, relied upon in several of the decisions adopting the middle-road approach, has been applied in Indiana where an attorney institutes an action for recovery of attorney's fees.

11995–1995
Rauch v. Shots green
indctapp · 1989
2 sentences

1991After a period of negotiation in which only the property damage claim was discussed, the insurer sent the injured party a check which included a notation on the front stating "any and all claims arising from accident of 2-11-85." The back of the check indicated "by endorsement hereon payee acknowledges and agrees to the amounts, purposes and terms stated on the face hereof." Id.

1991In Rauch v. Shots (1989), Ind.App., 533 N.E.2d 193 , reh. denied, trams. denied, the case from which the disputed instruction is taken, the injured party sustained property damage and personal injuries in an acci *245 dent.

11991–1991
Krick v. Farmers and Merchants Bank of Boswell green
indctapp · 1972
2 sentences

1972Krick v. Farmers & Merchants Bank of Boswell (1972), 151 Ind. App. 7 , 279 N. E. 2d 254, 262 .

1972Krick v. Farmers & Merchants Bank of Boswell (1972), 151 Ind. App. 7 , 279 N. E. 2d 254, 262 .

11972–1972
Johnson v. Culver green
ind · 1888
1 sentence

1907What the plaintiffs sold and the defendants bought was not a conceded but a disputed claim; worth, therefore, ordinarily, something less than its face for purposes of sale, transfer or cancelation; how much less depending upon the continuing solvency of the debtor, and .the probabilities of its successful enforcement.” Nysewander v. Lowman, supra; Johnson v. Culver, supra. The adoption of appellee Apman’s theory as to the character of the action must, therefore, result in the reversal of the judgment for error in the giving of the fourth instruction as to the measure of damages, an exception t

11907–1907
Nysewander v. Lowman green
ind · 1890
1 sentence

1907What the plaintiffs sold and the defendants bought was not a conceded but a disputed claim; worth, therefore, ordinarily, something less than its face for purposes of sale, transfer or cancelation; how much less depending upon the continuing solvency of the debtor, and .the probabilities of its successful enforcement.” Nysewander v. Lowman, supra; Johnson v. Culver, supra. The adoption of appellee Apman’s theory as to the character of the action must, therefore, result in the reversal of the judgment for error in the giving of the fourth instruction as to the measure of damages, an exception t

11907–1907

Where else courts name it

NY 149 (1858–2024) CA 112 (1900–2026) LA 103 (1937–2025) TX 73 (1892–2026) GA 63 (1906–2024) PA 46 (1829–2025) OR 44 (1900–2025) NJ 43 (1884–2026) IL 40 (1906–2025) OH 34 (1927–2022) CT 30 (1877–2026) FL 29 (1959–2025) MN 27 (1903–2025) MA 27 (1931–2025) WA 26 (1927–2022) MI 25 (1901–2021) AL 25 (1875–2010) NC 25 (1923–2012) WI 23 (1884–2020) MS 21 (1892–2022) MD 20 (1949–2021) VA 20 (1923–2025) DC 19 (1960–2017) IN 18 (1907–2024) AR 17 (1885–2017) MO 16 (1905–2011) NE 15 (1890–2023) WV 13 (1923–2018) IA 12 (1892–2025) ND 12 (1997–2025) VT 11 (1871–2013) OK 11 (1926–2026) CO 11 (1886–2024) KS 10 (1920–2026) UT 10 (1983–2024) SD 9 (1928–2020) AZ 9 (1950–2021) RI 8 (1917–2010) ID 8 (1912–2019) NM 8 (1923–2023) KY 7 (1941–2024) HI 7 (1956–2021) MT 6 (1900–2017) NH 6 (1902–2018) ME 4 (1911–2010) SC 4 (1934–2026) DE 3 (1934–1969) AK 3 (1981–1999) TN 3 (1999–2018) WY 2 (2007–2021)

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.

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