13 Indiana opinions name it 1 courts 1981–2025 2 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 |
|---|---|---|
Platt v. Stategreen2 sentences2016“When a motion to dismiss is sustained for failure to state a claim under subdivision (B)(6) of this rule the pleading may be amended once as of right pursuant to Rule 15(A) within ten [10] days' after service of notice of the court’s order sustaining the motion.” T.R. 12(B). “‘[A] T.R. 12(B)(6) dismissal is without prejudice, since the complaining party remains able to file an amended complaint within the parameters of the rule.’ ” Baker v. Town of Middlebury, 753 N.E.2d 67, 74 (Ind.Ct.App.2001) (quoting Platt v. State, 664 N.E.2d 357, 361 (Ind.Ct.App.1996), trans. denied). 2001"Accordingly, a TR. 12(B)(6) dismissal is without prejudice, since the complaining party remains able to file an amended complaint within the parameters of the rule." Platt v. State, 664 N.E.2d 357, 361 (Ind.Ct.App.1996), trans. denied. | 3 | 4 |
Thacker v. Bartlettgreen2 sentences2025Thacker v. Bartlett, 785 N.E.2d 621, 624 (Ind. Ct. App. 2003). 2012Thus, “a T.R. 12(B)(6) dismissal is without prejudice, since the complaining party remains able to file an amended complaint within the parameters of the rule.” Thacker v. Bartlett, 785 N.E.2d 621, 624 (Ind. Ct. App. 2003). | 3 | 3 |
Ross v. Schubertgreen2 sentences2023“It is the employer- employee relationship that defines the parameters of the immunity granted by the WCA’s exclusive remedy provision.” Brenner v. All Steel Carports, Inc., 122 N.E.3d 872, 877 (Ind. Ct. App. 2019) (citing Ross v. Schubert, 388 N.E.2d 623, 627 (Inc. Ct. App. 1979), trans. denied). 2019Ross v. Schubert , 180 Ind. App. 402 , 407, 388 N.E.2d 623 , 627 (Inc. Ct. App. 1979), trans. denied , superseded by statute on other grounds . | 1 | 2 |
Lora Brenner and Shawn Brenner v. All Steel Carports, Inc., All Steel Carports and Buildings, LLC, Chavez Real Estate and Ignacio Chavezgreen1 sentence2023“It is the employer- employee relationship that defines the parameters of the immunity granted by the WCA’s exclusive remedy provision.” Brenner v. All Steel Carports, Inc., 122 N.E.3d 872, 877 (Ind. Ct. App. 2019) (citing Ross v. Schubert, 388 N.E.2d 623, 627 (Inc. Ct. App. 1979), trans. denied). | 1 | 1 |
Baker v. Town of Middleburygreen1 sentence2016“When a motion to dismiss is sustained for failure to state a claim under subdivision (B)(6) of this rule the pleading may be amended once as of right pursuant to Rule 15(A) within ten [10] days' after service of notice of the court’s order sustaining the motion.” T.R. 12(B). “‘[A] T.R. 12(B)(6) dismissal is without prejudice, since the complaining party remains able to file an amended complaint within the parameters of the rule.’ ” Baker v. Town of Middlebury, 753 N.E.2d 67, 74 (Ind.Ct.App.2001) (quoting Platt v. State, 664 N.E.2d 357, 361 (Ind.Ct.App.1996), trans. denied). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re the Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey R. MacDonald
green
1 sentence2018Hurwich is correct that a dismissal under this rule "is without prejudice, since the complaining party remains able to file an amended complaint within the parameters of the rule." In re Scott David Hurwich 1986 Irrevocable Tr. , 59 N.E.3d 977 , 984 (Ind. Ct. App. 2016) (citations and internal quotation marks omitted). | 1 | 2018–2018 |
Hickman v. Taylor
green
2 sentences1992The policy behind the rule of Hickman v. Taylor (1947), 329 U.S. 495 , 67 S.Ct. 385 , 91 L.Ed. 451 , and its progeny, now codified in Fed.R.Civ.P. 26(b)(3), the federal counterpart to our own trial rule, is to protect the integrity of the adversary process, not to protect all recorded opinions, observations and impressions an attorney or his advisors have made in connection with a legal problem. 1992The policy behind the rule of Hickman v. Taylor (1947), 329 U.S. 495 , 67 S.Ct. 385 , 91 L.Ed. 451 , and its progeny, now codified in Fed.R.Civ.P. 26(b)(3), the federal counterpart to our own trial rule, is to protect the integrity of the adversary process, not to protect all recorded opinions, observations and impressions an attorney or his advisors have made in connection with a legal problem. | 1 | 1992–1992 |
Guy v. SCHULDT
green
2 sentences1982Shideler (negligence claim for a lost chose in action constitutes a claim for injury to and an interest in or to personalty governed by the two year personal property limitation in I.C. 34-1-2-2). 9 Thus it was incumbent upon Whitehouse to establish a genuine issue of material fact regarding avoidance which he attempted to do by alleging the statute was tolled by Quinn’s nondisclosure of the legal effect of the release. *339 In Guy v. Shuldt, (1956) 236 Ind. 101 , 138 N.E.2d 891 , the supreme court discussed the parameters of the doctrine of fraudulent concealment as applied to the statute of 1982Shideler (negligence claim for a lost chose in action constitutes a claim for injury to and an interest in or to personalty governed by the two year personal property limitation in I.C. 34-1-2-2). 9 Thus it was incumbent upon Whitehouse to establish a genuine issue of material fact regarding avoidance which he attempted to do by alleging the statute was tolled by Quinn’s nondisclosure of the legal effect of the release. *339 In Guy v. Shuldt, (1956) 236 Ind. 101 , 138 N.E.2d 891 , the supreme court discussed the parameters of the doctrine of fraudulent concealment as applied to the statute of | 1 | 1982–1982 |
Elza v. Liberty Loan Corp.
green
1 sentence1982While we are aware of the recent dissent by Justice Hunter to the denial of a petition to transfer on the issue of the parameters of this exception in regard to intentional infliction of emotional distress, Elza, 426 N.E.2d at 1302 , we find no Indiana cases excepting negligent infliction of emotional distress actions from compliance with the impact rule. | 1 | 1982–1982 |
Argyelan v. Haviland
green
2 sentences1981As the court did in Cairo, supra, it is important to pay heed to the exact circumstances of the factual situations presented in the case law rather than the sometimes imprecise terminology used.” Argyelan, supra, 418 N.E.2d at 572 . 1981As the court did in Cairo, supra, it is important to pay heed to the exact circumstances of the factual situations presented in the case law rather than the sometimes imprecise terminology used.” Argyelan, supra, 418 N.E.2d at 572 . | 1 | 1981–1981 |
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.