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

11 Indiana opinions name it 3 courts 1923–2019 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 (6)

CaseFollowedCited
Microvote General Corp. v. Indiana Election Commissiongreen
indctapp · 2010 · cited in 3 Indiana opinions naming this issue, 2013–2019
2 sentences

2019In essence, Father contends that “res judicata prevented the trial court from re-determining on this record in 2017 his job position and corresponding salary” that the dissolution court and this Court on appeal had “just determined in 2014 on the same general type of evidence.” Id. at 13. [11] “The doctrine of res judicata bars the litigation of a claim after a final judgment has been rendered in a prior action involving the same claim between the same parties or their privies.” MicroVote General Corp. v. Ind. Election Comm’n, 924 N.E.2d 184, 191 (Ind. Ct. App. 2010).

2017But this deferential standard does not apply to the substantive rules of law, which are reviewed de novo just as they are in appeals from 2 “The doctrine of res judicata bars the litigation of a claim after a final judgment has been rendered in a prior action involving the same claim between the same parties or their privies.” MicroVote General Corp. v. Ind. Election Com’n, 924 N.E.2d 184, 191 (Ind. Ct. App. 2010) (citing Small v. Centocor, Inc., 731 N.E.2d 22, 26 (Ind. Ct. App. 2000), trans. denied).

33
Small v. Centocor, Inc.green
indctapp · 2000 · cited in 3 Indiana opinions naming this issue, 2010–2017
2 sentences

2017But this deferential standard does not apply to the substantive rules of law, which are reviewed de novo just as they are in appeals from 2 “The doctrine of res judicata bars the litigation of a claim after a final judgment has been rendered in a prior action involving the same claim between the same parties or their privies.” MicroVote General Corp. v. Ind. Election Com’n, 924 N.E.2d 184, 191 (Ind. Ct. App. 2010) (citing Small v. Centocor, Inc., 731 N.E.2d 22, 26 (Ind. Ct. App. 2000), trans. denied).

2015Small v. Centocor, Inc., 731 N.E.2d 22, 26 (Ind. Ct. App. 2000), reh’g denied, trans. denied.

33
Housing Partnerships, Inc. v. Owensgreen
indtc · 2014 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017See id. at 1064 (affirming the Indiana Board’s final determination due to lack of evidence presented by the taxpayer); see also Jamestown Homes of Mishawaka, 914 N.E.2d at 15 (rejecting bright-line tests in the context of the charitable purposes exemption). 9 Here, Indiana has taken on the burden of providing mental health care for the indigent.

11
Jamestown Homes of Mishawaka, Inc. v. St. Joseph County Assessorgreen
indtc · 2009 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017See id. at 1064 (affirming the Indiana Board’s final determination due to lack of evidence presented by the taxpayer); see also Jamestown Homes of Mishawaka, 914 N.E.2d at 15 (rejecting bright-line tests in the context of the charitable purposes exemption). 9 Here, Indiana has taken on the burden of providing mental health care for the indigent.

11
Eddie G. Love v. State of Indianagreen
indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017Love v. State, 22 N.E.3d 663, 664 (Ind. Ct. App. 2014), trans. denied.

11
Koors v. Great Southwest Fire Insurancegreen
indctapp · 1988 · cited in 1 Indiana opinions naming this issue, 1990–1990
1 sentence

1990See, Koors, supra. Even in that situation, the Court in Koors noted that "[the unexpected withdrawal of counsel, untimely though it may be, does not necessarily entitle a party to a continuance when it is not shown that counsel thereafter employed was unable to prepare and conduct a proper case." Here, Strutz was acting as his own counsel, and the record reveals that he continued to act as his own counsel throughout the litigation of this claim, even after he had retained co-counsel.

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 (3)

CaseCitedYears
Mountain States Telephone & Telegraph Co. v. DiFede green
colo · 1989
1 sentence

2016Id. at 544 .

12016–2016
Johnson v. State green
ind · 1987
2 sentences

1989The question was considered in Johnson v. State (1987), Ind., 507 N.E.2d 980 , but left unresolved because the Court was evenly split.

1989The question was considered in Johnson v. State (1987), Ind., 507 N.E.2d 980 , but left unresolved because the Court was evenly split.

11989–1989
Sillix v. Armour & Co. neutral
kan · 1917
2 sentences

1923The court in Sillix v. Armour & Co. (1917), 99 Kans. 426 , 162 Pac. 278 , referring to the action of an employer in contesting an application for an award, said: “Having contested all through the litigation the claim of plaintiff as to the extent of his injuries and the duration and extent of his incapacity, defendant can not be heard to deny the existence of a dispute as to the facts.” The Industrial Board has- a procedure of its own and borrows nothing by implication from the -Civil Code or from the courts of common law.

1923The court in Sillix v. Armour & Co. (1917), 99 Kans. 426 , 162 Pac. 278 , referring to the action of an employer in contesting an application for an award, said: “Having contested all through the litigation the claim of plaintiff as to the extent of his injuries and the duration and extent of his incapacity, defendant can not be heard to deny the existence of a dispute as to the facts.” The Industrial Board has- a procedure of its own and borrows nothing by implication from the -Civil Code or from the courts of common law.

11923–1923

Where else courts name it

CA 761 (1893–2026) CO 168 (1990–2026) TX 71 (1986–2025) NJ 58 (1984–2026) VT 54 (1992–2026) PA 47 (1982–2022) NY 47 (1875–2026) FL 43 (1981–2026) CT 39 (1986–2026) IL 32 (1917–2025) WV 24 (1915–2025) MA 22 (1956–2026) OH 17 (1924–2026) AZ 17 (2000–2025) WA 15 (1940–2026) HI 13 (2003–2026) MI 12 (1957–2023) IN 11 (1923–2019) MD 11 (1965–2024) TN 11 (2001–2026) DC 10 (1985–2023) NC 10 (1987–2021) KY 10 (1992–2026) NV 9 (1991–2021) AK 9 (1980–2025) ID 9 (2010–2024) OR 8 (2016–2025) MO 8 (1988–2022) MS 8 (1917–2019) DE 8 (2000–2026) VA 6 (1983–2003) GA 6 (1972–2011) UT 6 (1935–2013) LA 6 (1966–2022) WI 6 (1994–2025) KS 5 (1930–2024) ME 4 (2014–2024) RI 4 (1982–2025) AL 4 (1931–1994) ND 4 (1981–1990) IA 3 (2015–2023) OK 3 (1999–2022) MN 2 (1985–2019) AR 2 (1952–1957) WY 2 (1928–1930) NM 2 (2016–2016) NH 2 (1855–1985)

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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