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67 Indiana opinions name it 1 courts 2001–2026 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.
| Case | Followed | Cited |
|---|---|---|
Boczar v. Meridian Street Foundationgreen2 sentences2026To prevail on a substantive bad faith claim, the party must show that the appellant’s contentions and arguments are utterly devoid of all plausibility. [Boczar v. Meridian Street Found., 749 N.E.2d 87, 95 (Ind. Ct. App. 2001).] Procedural bad faith, on the other hand, occurs when a party flagrantly disregards the form and content requirements of the rules of appellate procedure, omits and misstates relevant facts appearing in the record, and files briefs written in a manner calculated to require the maximum expenditure of time both by the opposing party and the reviewing court. 2018To prevail on a substantive bad faith claim, the party must show that “the appellant’s contentions and arguments are utterly devoid of all plausibility.” Id. | 3 | 28 |
Thacker v. Wentzelgreen2 sentences2019“To prevail on a substantive bad faith claim, the party must show that the appellant’s contentions and arguments are utterly devoid of all plausibility.” Id. 2014Alternatively, a substantive bad faith claim occurs where a party’s “contentions and arguments are utterly devoid of all plausibility.” Id. at 346 . | 1 | 21 |
MANOUS, LLC v. Manousogianakisgreen2 sentences2017Manous, 824 N.E.2d at 768 . 2012“To prevail on a substantive bad faith claim, the party must show that the appellant’s contentions and arguments are utterly devoid of all plausibility.” Id. | 1 | 4 |
Landmark Legacy, LP and Dennis W. Fahlsing v. Dennis Runkle, D.R. Financial Inc., and D.R. Financial Group, Inc.green1 sentence2019To prevail on a substantive bad faith claim, such as Appellants’, “the party must show that the appellant’s contentions and arguments are utterly devoid of all plausibility.” Id.; see also Landmark Legacy, LP v. Runkle, 81 N.E.3d 1107, 1119 (Ind. Ct. App. 2017). [13] We conclude that this is not a case where an award of appellate attorney’s fees is warranted. | 1 | 1 |
Gertz v. Estesgreen1 sentence2011“To prevail on a substantive bad faith claim, the party must show that the appellant’s contentions and arguments are utterly devoid of all plausibility.” “Procedural bad faith, on the other hand, occurs when a party flagrantly disregards the form and content requirements of the rules of appellate procedure, omits and misstates relevant facts appearing in the record, and files briefs written in a manner calculated to require the maximum expenditure of time both by the opposing party and the reviewing court.” Gertz v. Estes, 922 N.E.2d 135, 138 (Ind.Ct.App.2010) (internal citations omitted). | 1 | 1 |
Wallace v. Rosengreen1 sentence2011“Substantive bad faith ‘implies the conscious doing of wrong because of dishonest purpose or moral obliquity.’ ” Id. (quoting Wallace v. Rosen, 765 N.E.2d 192, 201 (Ind.Ct.App.2002)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Harness v. Schmitt
green
2 sentences2019Id. at 169 . 2011As to the substantive bad faith claim, Med-1 must show “that the appellant’s contentions and argument are utterly devoid of all plausibility.” Id. | 5 | 2011–2019 |
Orr v. Turco Manufacturing Co.
green
2 sentences2004To prevail on a substantive bad faith claim, the party must "show that the 'appellant's contentions and argument are utterly devoid of all plausibility.'" Id. (quoting Orr, 512 N.E.2d at 153 ). 2001To prevail on a substantive bad faith claim, the party must show that the “appellant’s contentions and argument are utterly devoid of all plausibility.” Orr, 512 N.E.2d at 153 ; 22 Stephen E. | 2 | 2001–2004 |
Picket Fence Property Company, and Andrew Patrick v. Chris Davis, and Madison County Auditor and Madison County Treasurer
green
1 sentence2019“To prevail on a substantive bad faith claim, the party must show that the appellant’s contentions and arguments are utterly devoid of all plausibility.” Id. [29] Attorney Johnson argues that Grandparents exhibited both procedural and substantive bad faith in their appeal. | 1 | 2019–2019 |
Amir Basic and Gerard Arthus v. Numan A. Amouri, Mohamad H. Mohajeri, Mohammad Aslam Chaudhry, Adnan Khan, Imdad Zackariya, Mohammad Sirajuddin, Sarah Shaikh, Aijaz Shaikh, Ismail Al-Ani
green
1 sentence2017Id. (quoting Thacker v. Wentzel, 797 N.E.2d 342, 346 (Ind. Ct. App. 2003)). | 1 | 2017–2017 |
Ballaban v. Bloomington Jewish Community, Inc.
green
1 sentence2016To prevail on a substantive bad faith claim, the party must show that “the appellant’s contentions and arguments are utterly devoid of all plausibility.” Id. | 1 | 2016–2016 |
Carnes v. Estate of Carnes
green
1 sentence2015Id. | 1 | 2015–2015 |
Kelley v. Med-1 Solutions, LLC
green
1 sentence2012Id. | 1 | 2012–2012 |
Potter v. Houston
green
2 sentences2010"To prevail on a substantive bad faith claim, the party must show that the appellant's contentions and arguments are utterly devoid of all plausibility." Id. 2010"Procedural bad faith, on the other hand, occurs when a party flagrantly disregards the form and content requirements of the rules of appellate procedure, omits and misstates relevant facts appearing in the record, and files briefs written in a manner calculated to require the maximum expenditure of time both by the opposing party and the reviewing court." Id. | 1 | 2010–2010 |
Indiana CPA Society, Inc. v. Gomembers, Inc.
green
1 sentence2005Id. | 1 | 2005–2005 |
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.