party making claim (Indiana) · Go Syfert
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party making claim in Indiana

18 Indiana opinions name it 2 courts 1991–2020 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.

Followed or applied (9)

CaseFollowedCited
Rauch v. Shotsgreen
indctapp · 1989 · cited in 2 Indiana opinions naming this issue, 1994–2017
2 sentences

2017See Rauch v. Shots (1989), Ind. App., 533 N.E.2d 193, 194 , trans. denied.

1994See Rauch v. Shots (1989), Ind.App., 533 N.E.2d 193, 194 , trans. denied.

22
Cynthia L. Seleme v. JP Morgan Chase Bank, National Association, as successor by merger to Chase Home Financegreen
indctapp · 2012 · cited in 2 Indiana opinions naming this issue, 2014–2015
2 sentences

2015Id. *374 “A party making a claim under Trial Rule 60(B)(8) and alleging fraud or misrepresentation must demonstrate that: (1) the opposing party knew or should have known from the available information that the representation is false, and (2) the misrepresentation was made with respect to a material fact which would change the trial court’s judgment.” Seleme v. JP Morgan Chase Bank, 982 N.E.2d 299, 310-11 (Ind.Ct.App.2012) (citation and quotation marks omitted), trans. denied (2012).

2014Id. 11 A party making a claim under Trial Rule 60(B)(3) and alleging fraud or misrepresentation must demonstrate that: (1) the opposing party knew or should have known from the available information that the representation made was false, and (2) the misrepresentation was made with respect to a material fact which would change the trial court’s judgment.” Seleme v. JP Morgan Chase Bank, 982 N.E.2d 299, 310-311 (Ind. Ct. App. 2012) (internal quotation marks and citation omitted), reh’g denied, trans. denied.

22
Baker v. Heye-Americagreen
indctapp · 2003 · cited in 2 Indiana opinions naming this issue, 2006–2018
2 sentences

2018Baker v. Heye-Am. , 799 N.E.2d 1135 , 1140 (Ind. Ct. App. 2003). [I]n an action based on an alleged design defect in the product or based on an alleged failure to provide adequate warnings or instructions regarding the use of the product, the party making the claim must establish that the manufacturer or seller failed to exercise reasonable care under the circumstances in designing the product or in providing the warnings or instructions.

2006Baker v. Heye-America, 799 N.E.2d 1135, 1140 (Ind.Ct.App.2003), trams. denied. "[In an action based on ... an alleged failure to provide adequate warnings or instructions regarding the use of the product, the party making the claim must establish that the manufacturer or seller failed to exercise reasonable care under the cireumstances in ... providing the warnings or instructions." Ind.Code § 34-20-22.

12
Mominee v. Kinggreen
indctapp · 1994 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013Mominee v. King, 629 N.E.2d 1280, 1282 (Ind. Ct. App. 1994) (internal citations omitted).

11
Zwiebel v. Zwiebelgreen
indctapp · 1997 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012A party making a claim under Trial Rule 60(B)(3) and alleging fraud or mis *311 representation must demonstrate that: (1) “the opposing party knew or should have known from the available information that the representation made was false,” and (2) “the misrepresentation was made with respect to a material fact which would change the trial court’s judgment.” Zwiebel v. Zwiebel, 689 N.E.2d 746, 748 (Ind.Ct.App.1997), reh’g denied, trans. denied.

11
Otto v. Park Garden Associatesgreen
indctapp · 1993 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012See also Otto v. Park Garden Assocs., 612 N.E.2d 135, 142 (Ind.Ct.App.1993), reh’g denied, trans. denied.

11
Koske v. Townsend Engineering Co.green
ind · 1990 · cited in 1 Indiana opinions naming this issue, 1998–1998
1 sentence

1998Koske v. Townsend Engineering Co., 551 N.E.2d 437, 441 (Ind.1990). 11 Further, no additional warning must be furnished where such warnings would not add to the user’s understanding of the characteristics of the product.

11
Jarrell v. Monsanto Co.green
indctapp · 1988 · cited in 1 Indiana opinions naming this issue, 1997–1997
1 sentence

1997Pursuant to this statute, the manufacturer is hable when it “puts into the stream of commerce any product without reasonable (adequate) warnings thereby leaving it in a condition unreasonably dangerous to any user, if such warnings could have been given in the exercise of reasonable diligence.” Jarrell v. Monsanto Co., 528 N.E.2d 1158, 1166 (Ind.Ct.App.1988), reh’g denied, trans. denied.

11
Commonwealth v. McColgangreen
massappct · 1991 · cited in 1 Indiana opinions naming this issue, 1993–1993
1 sentence

1993Freels v. Winston (1991), Ind.App., 579 N.E.2d 182, 185 (citing McFarland v. Phend & Brown, Inc., (1974), 161 Ind.App. 695 , 317 N.E.2d 460, 462 , trans. denied) (emphasis added).

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 (9)

CaseCitedYears
Gary Wayne Oswalt v. State of Indiana green
ind · 2014
2 sentences

2019Id. [20] By contrast, for-cause motions are available to exclude jurors whose views would prevent or substantially impair the performance of his or her duties as a juror in accordance with the instructions given and the oath taken and thus violate the defendant's Sixth Amendment rights.

2015Id. [22] By contrast, for-cause motions are available to exclude jurors whose views would prevent or substantially impair the performance of his or her duties as a juror in accordance with the instructions given and the oath taken and thus violate the defendant’s Sixth Amendment rights.

22015–2019
Ford Motor Co. v. Rushford green
ind · 2007
2 sentences

2018Rushford , 868 N.E.2d at 810 . "[I]n an action based on ... an alleged failure to provide adequate warnings or instructions regarding the use of the product, the party making the claim must establish that the manufacturer or seller failed to exercise reasonable care under the circumstances in ... providing the warnings or instructions." I.C. § 34-20-2-2.

2008Id. “[I]n an action based on ... an alleged failure to provide adequate warnings or instructions regarding the use of the product, the party making the claim must establish that the manufacturer or seller failed to exercise reasonable care under the circumstances in ... providing the warnings or instructions.” I.C. § 34-20-2-2.

22008–2018
Peter v. Ford Motor Co. green
indctapp · 2009
1 sentence

2020Id. at 319 (citing Ind. Code § 34-20-2-2 ).

12020–2020
Stonger v. Sorrell green
ind · 2002
1 sentence

2015Id. *374 “A party making a claim under Trial Rule 60(B)(8) and alleging fraud or misrepresentation must demonstrate that: (1) the opposing party knew or should have known from the available information that the representation is false, and (2) the misrepresentation was made with respect to a material fact which would change the trial court’s judgment.” Seleme v. JP Morgan Chase Bank, 982 N.E.2d 299, 310-11 (Ind.Ct.App.2012) (citation and quotation marks omitted), trans. denied (2012).

12015–2015
Kmart Corp. v. Englebright green
indctapp · 1999
1 sentence

2014Id. 11 A party making a claim under Trial Rule 60(B)(3) and alleging fraud or misrepresentation must demonstrate that: (1) the opposing party knew or should have known from the available information that the representation made was false, and (2) the misrepresentation was made with respect to a material fact which would change the trial court’s judgment.” Seleme v. JP Morgan Chase Bank, 982 N.E.2d 299, 310-311 (Ind. Ct. App. 2012) (internal quotation marks and citation omitted), reh’g denied, trans. denied.

12014–2014
Trietsch v. Circle Design Group, Inc. green
indctapp · 2007
2 sentences

2009Rushford, 868 N.E.2d at 810 . "[I)n an action based on ... an alleged failure to provide adequate warnings or instructions regarding the use of the product, the party making the claim must establish that the manufacturer or seller failed to exercise reasonable care under the cireumstances in ... providing the warnings or instructions." Ind.Code § 34-20-22.

2009Rushford, 868 N.E.2d at 810 . "[I]n an action based on ... an alleged failure to provide adequate warnings or instructions regarding the use of the product, the party making the claim must establish that the manufacturer or seller failed to exercise reasonable care under the circumstances in ... providing the warnings or instructions." Ind.Code § 34-20-2-2.

12009–2009
McFarland v. Phend & Brown, Inc. green
indctapp · 1974
2 sentences

1993Freels v. Winston (1991), Ind.App., 579 N.E.2d 182, 185 (citing McFarland v. Phend & Brown, Inc., (1974), 161 Ind.App. 695 , 317 N.E.2d 460, 462 , trans. denied) (emphasis added).

1993Freels v. Winston (1991), Ind.App., 579 N.E.2d 182, 185 (citing McFarland v. Phend & Brown, Inc., (1974), 161 Ind.App. 695 , 317 N.E.2d 460, 462 , trans. denied) (emphasis added).

11993–1993
Chesak v. Northern Indiana Bank & Trust Co. green
indctapp · 1990
1 sentence

1991Chesak v. Northern Indiana Bank & Trust Co. (1990), Ind.App., 551 N.E.2d 873, 875 ; Nardine v. Kraft Cheese Co. (in Banc 1944), 114 Ind.App. 399, 403 , 52 N.E.2d 634, 635 .

11991–1991
Nardine v. Kraft Cheese Company green
indctapp · 1944
2 sentences

1991Chesak v. Northern Indiana Bank & Trust Co. (1990), Ind.App., 551 N.E.2d 873, 875 ; Nardine v. Kraft Cheese Co. (in Banc 1944), 114 Ind.App. 399, 403 , 52 N.E.2d 634, 635 .

1991Chesak v. Northern Indiana Bank & Trust Co. (1990), Ind.App., 551 N.E.2d 873, 875 ; Nardine v. Kraft Cheese Co. (in Banc 1944), 114 Ind.App. 399, 403 , 52 N.E.2d 634, 635 .

11991–1991

Statutes the citing opinions construe

IN § Ind. Code § 34-20-1-1 (6) IN § Ind. Code § 34-20-2-2 (6)

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.

Where else courts name it

KS 46 (1934–2025) NY 39 (1863–2025) IL 27 (1902–2026) AL 23 (1942–2010) CT 20 (1976–2003) OH 20 (2001–2025) IN 18 (1991–2020) TX 17 (1981–2024) CA 16 (1891–2016) MO 15 (1884–2017) LA 14 (1986–2025) VA 14 (1910–2018) NM 13 (1981–2024) MT 12 (1994–2022) AZ 11 (1981–2024) MA 10 (1914–2009) PA 10 (1911–2014) NC 10 (1928–2017) WA 9 (2000–2015) MI 7 (1912–2025) NJ 7 (1984–2025) FL 6 (1985–2019) AK 6 (1978–2017) NE 6 (1947–2019) WY 5 (1970–2021) IA 5 (1986–2023) OR 5 (1993–2020) WV 4 (1877–2004) RI 4 (1949–2007) WI 4 (1988–2025) GA 3 (1928–1947) TN 3 (1951–2001) MD 3 (1977–2002) KY 3 (1947–2013) ND 3 (1901–2007) VT 3 (1987–2017) ID 3 (1992–2016) NH 3 (1850–2020) UT 3 (1997–2019) AR 2 (1912–1989) MN 2 (2011–2013) MS 2 (2009–2014)

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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