substantive bad faith claim (Indiana) · Go Syfert
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substantive bad faith claim in Indiana

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.

Followed or applied (6)

CaseFollowedCited
Boczar v. Meridian Street Foundationgreen
indctapp · 2001 · cited in 28 Indiana opinions naming this issue, 2002–2026
2 sentences

2026To 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.

328
Thacker v. Wentzelgreen
indctapp · 2003 · cited in 21 Indiana opinions naming this issue, 2004–2020
2 sentences

2019“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 .

121
MANOUS, LLC v. Manousogianakisgreen
indctapp · 2005 · cited in 4 Indiana opinions naming this issue, 2010–2017
2 sentences

2017Manous, 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.

14
Landmark Legacy, LP and Dennis W. Fahlsing v. Dennis Runkle, D.R. Financial Inc., and D.R. Financial Group, Inc.green
indctapp · 2017 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019To 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.

11
Gertz v. Estesgreen
indctapp · 2010 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011“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).

11
Wallace v. Rosengreen
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2011–2011
1 sentence

2011“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)).

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
Harness v. Schmitt green
indctapp · 2010
2 sentences

2019Id. 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.

52011–2019
Orr v. Turco Manufacturing Co. green
ind · 1987
2 sentences

2004To 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.

22001–2004
Picket Fence Property Company, and Andrew Patrick v. Chris Davis, and Madison County Auditor and Madison County Treasurer green
indctapp · 2018
1 sentence

2019“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.

12019–2019
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
indctapp · 2016
1 sentence

2017Id. (quoting Thacker v. Wentzel, 797 N.E.2d 342, 346 (Ind. Ct. App. 2003)).

12017–2017
Ballaban v. Bloomington Jewish Community, Inc. green
· 2013
1 sentence

2016To 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.

12016–2016
Carnes v. Estate of Carnes green
indctapp · 2007
1 sentence

2015Id.

12015–2015
Kelley v. Med-1 Solutions, LLC green
indctapp · 2011
1 sentence

2012Id.

12012–2012
Potter v. Houston green
indctapp · 2006
2 sentences

2010"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.

12010–2010
Indiana CPA Society, Inc. v. Gomembers, Inc. green
indctapp · 2002
1 sentence

2005Id.

12005–2005

Statutes the citing opinions construe

IN § Ind. Code § 34-52-1-1 (15) IN § Ind. Code § 31-17-2-8 (9) IN § Ind. Code § 31-17-2.2-5 (5) IN § Ind. Code § 31-17-2-21 (4) IN § Ind. Code § 31-17-2.2-1 (4)

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.

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