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8 Indiana opinions name it 2 courts 1932–2004 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.
| Case | Followed | Cited |
|---|---|---|
Anderson v. Andersongreen2 sentences2000We have stated that "[t]he measure of damages recoverable in such cases is generally the value of the claim lost." Anderson v. Anderson, 399 N.E.2d 391, 402 (Ind.Ct.App.1979) (emphasis supplied). 1988Id. | 1 | 2 |
State v. Cartergreen1 sentence2004This is a wise position, as this court has previously held that disputes between the parties as to the value of a claim will not support a finding of "bad faith" negotiation to support an award of ADR sanctions in the absence of evidence of "dishonest purpose or moral obliquity." Id. at 690 ; see also State v. Carter, 658 N.E.2d 618, 621-22 (Ind.Ct.App.1995). | 1 | 1 |
In Re Guardianship of Wadegreen1 sentence2001Furthermore, in In re Guardianship of Wade, 711 N.E.2d 851, 855 (Ind. Ct.App.1999), this court held that "FSSA is entitled only to that portion of its lien that is not otherwise reduced by the application of Ind.Code § 34-51-2-19." On the top right corner of the check from State Farm to Wayne, it states: COVERAGE MEDICAL PAYMENT 600-1 $10,000.00 (R. 38). | 1 | 1 |
Department of Public Welfare, State v. Couchgreen1 sentence2001In Department of Public Welfare v. Couch, 605 N.E.2d 165, 167 (Ind.1992), our supreme court found that " 'recovery' [under Ind.Code § 34-51-2-19] is not limited to sums received pursuant to judgment, but also includes amounts obtained by settlement in lieu of judgment for compensatory damages." Additionally, in Pedraza, 712 N.B.2d at 1011, this court discussed the Medicaid lien statute (Ind.Code § 12-15-8-1 2 ) and the lien reduction statute (Ind.Code § 34-51-2-19) and concluded that the legislature intended that FSSA has a lien to the extent of the Medicaid funds expended by the office, exeep | 1 | 1 |
Moorman v. Woodgreen2 sentences1979See Moorman v. Wood, (1889) 117 Ind. 144 , 19 N.E. 739 ; see generally, Anno. 45 A.L.R.2d 62 (1956); 7 Am.Jur.2d Attorney at Law § 190 (1963); 7 C.J.S. 1979See Moorman v. Wood, (1889) 117 Ind. 144 , 19 N.E. 739 ; see generally, Anno. 45 A.L.R.2d 62 (1956); 7 Am.Jur.2d Attorney at Law § 190 (1963); 7 C.J.S. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stoehr v. Yost
green
1 sentence2004This is a wise position, as this court has previously held that disputes between the parties as to the value of a claim will not support a finding of "bad faith" negotiation to support an award of ADR sanctions in the absence of evidence of "dishonest purpose or moral obliquity." Id. at 690 ; see also State v. Carter, 658 N.E.2d 618, 621-22 (Ind.Ct.App.1995). | 1 | 2004–2004 |
Childs v. Comstock
red
2 sentences1995One line of cases suggests that deduction of the fee is appropriate because only then does the legal malpractice award accurately reflect the amount plaintiff would have recovered if his attorney had performed competently. - Sitton v. Clements, 257 F.Supp. 63 (E.D.Tenn.1966), aff'd, 385 F.2d 869 (6th Cir.1967); Childs v. Comstock (1902), N.Y.App.Div., 69 A.D. 160 , 74 N.Y.S. 643 ; 1 Mallen & Smith, supro, § 16.18, at 912. 1995One line of cases suggests that deduction of the fee is appropriate because only then does the legal malpractice award accurately reflect the amount plaintiff would have recovered if his attorney had performed competently. - Sitton v. Clements, 257 F.Supp. 63 (E.D.Tenn.1966), aff'd, 385 F.2d 869 (6th Cir.1967); Childs v. Comstock (1902), N.Y.App.Div., 69 A.D. 160 , 74 N.Y.S. 643 ; 1 Mallen & Smith, supro, § 16.18, at 912. | 1 | 1995–1995 |
Sitton v. Clements
green
1 sentence1995One line of cases suggests that deduction of the fee is appropriate because only then does the legal malpractice award accurately reflect the amount plaintiff would have recovered if his attorney had performed competently. - Sitton v. Clements, 257 F.Supp. 63 (E.D.Tenn.1966), aff'd, 385 F.2d 869 (6th Cir.1967); Childs v. Comstock (1902), N.Y.App.Div., 69 A.D. 160 , 74 N.Y.S. 643 ; 1 Mallen & Smith, supro, § 16.18, at 912. | 1 | 1995–1995 |
Paul K. Sitton v. Hal H. Clements, Jr.
green
1 sentence1995One line of cases suggests that deduction of the fee is appropriate because only then does the legal malpractice award accurately reflect the amount plaintiff would have recovered if his attorney had performed competently. - Sitton v. Clements, 257 F.Supp. 63 (E.D.Tenn.1966), aff'd, 385 F.2d 869 (6th Cir.1967); Childs v. Comstock (1902), N.Y.App.Div., 69 A.D. 160 , 74 N.Y.S. 643 ; 1 Mallen & Smith, supro, § 16.18, at 912. | 1 | 1995–1995 |
Norris v. United States Fidelity & Guaranty Co.
green
1 sentence1992First, because Couch settled his claim, its value was not diminished; rather, *1341 the value of his claim was the amount for which Couch settled, Norris, supra, namely: $80,000.00. | 1 | 1992–1992 |
Laporte Carriage Co. v. Sullender
green
1 sentence1932The application of the rule has sometimes led to illogical and unsound conclusions, as in Laporte Carriage Co. v. Sullender (1905), 165 Ind. 290 , 75 N. E. 277 , See Pein v. Miznerr, supra. | 1 | 1932–1932 |
Chicago & Southeastern Railway Co. v. Grantham
neutral
1 sentence1932The application of the rule has sometimes led to illogical and unsound conclusions, as in Laporte Carriage Co. v. Sullender (1905), 165 Ind. 290 , 75 N. E. 277 , See Pein v. Miznerr, supra. | 1 | 1932–1932 |
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.