three-factor balancing test (Indiana) · Go Syfert
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three-factor balancing test in Indiana

7 Indiana opinions name it 2 courts 1997–2024 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 (5)

CaseFollowedCited
Delta Tau Delta, Beta Alpha Chapter v. Johnsongreen
ind · 1999 · cited in 2 Indiana opinions naming this issue, 2016–2024
2 sentences

2024Id. at 997 . [37] The Rogers Court noted that in subsequent cases involving premises liability due to activities on the land, such as Delta Tau Delta v. Johnson, 712 N.E.2d 968, 971 (Ind. 1991), it had found the Webb balancing test unnecessary. 63 N.E.3d at 323-24 .

2016In Delta Tau Delta v. Johnson, 712 N.E.2d 968, 971 (Ind.1999), this Court addressed “whether and to what extent landowners owe any duty to protect their invitees from the criminal acts of third parties.” In explaining the role Webb played in making this determination, we said, Having already determined in Burrell v. Meads, 569 N.E.2d 637 (Ind.1991) that [a landowner’s duty to exercise reasonable care for an invitee’s protection] exists, we need not formally use the three factor balancing test as enunciated in Webb v. Jarvis, 575 N.E.2d 992 (Ind. *324 1991)....

22
Litchfield v. Stategreen
ind · 2005 · cited in 2 Indiana opinions naming this issue, 2012–2013
2 sentences

2012See Litchfield v. State, 824 N.E.2d 356, 361 (Ind. 2005) (explaining that the federal guarantee focuses on one’s reasonable expectation of privacy and setting out a three-factor balancing test for assessing reasonableness under the Indiana Constitution).

2012See Litchfield v. State, 824 N.E.2d 356, 361 (Ind.2005) (explaining that the federal guarantee focuses on one’s reasonable expectation of privacy and setting out a three-factor balancing test for assessing reasonableness under the Indiana Constitution).

22
Cowe Ex Rel. Cowe v. Forum Group, Inc.green
ind · 1991 · cited in 1 Indiana opinions naming this issue, 1997–1997
1 sentence

1997See, e.g., Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992); Cowe v. Forum Group, Inc., 575 N.E.2d 630, 636-37 (Ind.1991); Gariup Const. Co. v. Foster, 519 N.E.2d 1224, 1227 (Ind.1988).

11
Stump v. Commercial Uniongreen
ind · 1992 · cited in 1 Indiana opinions naming this issue, 1997–1997
1 sentence

1997See, e.g., Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992); Cowe v. Forum Group, Inc., 575 N.E.2d 630, 636-37 (Ind.1991); Gariup Const. Co. v. Foster, 519 N.E.2d 1224, 1227 (Ind.1988).

11
Gariup Const. Co., Inc. v. Fostergreen
ind · 1988 · cited in 1 Indiana opinions naming this issue, 1997–1997
1 sentence

1997See, e.g., Stump v. Commercial Union, 601 N.E.2d 327, 332 (Ind.1992); Cowe v. Forum Group, Inc., 575 N.E.2d 630, 636-37 (Ind.1991); Gariup Const. Co. v. Foster, 519 N.E.2d 1224, 1227 (Ind.1988).

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
Webb v. Jarvis green
ind · 1991
2 sentences

2016In Delta Tau Delta v. Johnson, 712 N.E.2d 968, 971 (Ind.1999), this Court addressed “whether and to what extent landowners owe any duty to protect their invitees from the criminal acts of third parties.” In explaining the role Webb played in making this determination, we said, Having already determined in Burrell v. Meads, 569 N.E.2d 637 (Ind.1991) that [a landowner’s duty to exercise reasonable care for an invitee’s protection] exists, we need not formally use the three factor balancing test as enunciated in Webb v. Jarvis, 575 N.E.2d 992 (Ind. *324 1991)....

2004Having already determined in Burrell v. Meads, 569 N.E.2d 637 (Ind.1991) that such a duty exists, we need not formally use the three factor balancing test as enunciated in Webb v. Jarvis, 575 N.E.2d 992 (Ind.1991) (holding that whether a duty exists is determined by balancing three factors: the relationship between the parties, the foreseeability of the occurrence, and public policy concerns).

41999–2024
Burrell v. Meads green
ind · 1991
2 sentences

2016In Delta Tau Delta v. Johnson, 712 N.E.2d 968, 971 (Ind.1999), this Court addressed “whether and to what extent landowners owe any duty to protect their invitees from the criminal acts of third parties.” In explaining the role Webb played in making this determination, we said, Having already determined in Burrell v. Meads, 569 N.E.2d 637 (Ind.1991) that [a landowner’s duty to exercise reasonable care for an invitee’s protection] exists, we need not formally use the three factor balancing test as enunciated in Webb v. Jarvis, 575 N.E.2d 992 (Ind. *324 1991)....

2004Having already determined in Burrell v. Meads, 569 N.E.2d 637 (Ind.1991) that such a duty exists, we need not formally use the three factor balancing test as enunciated in Webb v. Jarvis, 575 N.E.2d 992 (Ind.1991) (holding that whether a duty exists is determined by balancing three factors: the relationship between the parties, the foreseeability of the occurrence, and public policy concerns).

31999–2016
F. John Rogers, as Personal Representative of Paul Michalik, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers green
ind · 2016
1 sentence

2024Id. at 997 . [37] The Rogers Court noted that in subsequent cases involving premises liability due to activities on the land, such as Delta Tau Delta v. Johnson, 712 N.E.2d 968, 971 (Ind. 1991), it had found the Webb balancing test unnecessary. 63 N.E.3d at 323-24 .

12024–2024

Where else courts name it

TX 13 (1994–2025) MN 10 (1985–2025) IN 7 (1997–2024) UT 6 (1993–2024) CO 6 (1982–2016) MI 5 (2016–2025) PA 4 (2003–2018) KS 4 (2006–2022) CA 4 (2005–2019) WI 3 (2005–2022) NC 3 (1986–2002) NJ 3 (1995–2025) DE 3 (2015–2025) NY 3 (1996–2013) IL 2 (1988–2020) OH 2 (1992–2011) GA 2 (2018–2018) WA 2 (2016–2017)

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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