person raising claim (Indiana) · Go Syfert
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person raising claim in Indiana

6 Indiana opinions name it 3 courts 1897–2017 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 (2)

CaseFollowedCited
In Re Visitation of ARgreen
indctapp · 2000 · cited in 2 Indiana opinions naming this issue, 2011–2015
2 sentences

2015This is especially true where the case is one of first impression, even if “rudimentary legal reasoning” would have led a person to believe the *1060 Indiana courts probably would rule against the person raising the claim. 723 N.E.2d 476 , 480 (Ind.Ct.App.2000) (internal citations omitted). [25] In response to this argument, the City disputes the applicability of that case and the notion that this is a case of first impression at all, in light of the “wholly unsupported theories” that formed the basis of Kitchell’s claims.

2011A claim is not frivolous, however, if it presents an issue of first impression, “even if ‘rudimentary legal reasoning’ would have led a person to believe the Indiana courts probably would rule against the person raising the claim.” In re Visitation of A.R., 723 N.E.2d 476, 480 (Ind.Ct.App.2000) (citation omitted).

22
Watson v. Thibodeaugreen
indctapp · 1990 · cited in 2 Indiana opinions naming this issue, 2000–2000
2 sentences

2000Watson v. Thibodeau, 559 N.E.2d 1205, 1211 (Ind.Ct.App.1990).

2000Watson v. Thibodeau, 559 N.E.2d 1205, 1211 (Ind.Ct.App.1990).

22

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 (5)

CaseCitedYears
Shepard v. Schurz Communications, Inc. green
indctapp · 2006
2 sentences

2017Court of Appeals of Indiana | Opinion 49A02-1609-PL-2132 | July 5, 2017 Page 6 of 16 [11] Finally, the Anti-SLAPP Statute does not “supplant the Indiana common law of defamation,” but requires the person raising the defense to establish that his speech was “lawful.” Shepard, 847 N.E.2d at 224 (citing I.C. § 34-7-7-9(d)).

2017Finally, the Anti-SLAPP Statute does not “supplant the Indiana common law of defamation,” but requires the person raising the defense to establish that his speech was “lawful.” Shepard, 847 N.E.2d at 224 (citing I.C. § 34-7-7-9(d)).

12017–2017
Exchange Bank v. Ault neutral
ind · 1885
1 sentence

1897Bailey v. Rinker, 146 Ind. 129 ; Shoemaker v. South Bend Spark Arrester Co., 135 Ind. 471; Nichols v. State, 127 Ind. 406 ; Exchange Bank v. Ault, 102 Ind. 322 .

11897–1897
Nichols v. State green
ind · 1891
1 sentence

1897Bailey v. Rinker, 146 Ind. 129 ; Shoemaker v. South Bend Spark Arrester Co., 135 Ind. 471; Nichols v. State, 127 Ind. 406 ; Exchange Bank v. Ault, 102 Ind. 322 .

11897–1897
Shoemaker v. South Bend Spark Arrester Co. green
ind · 1893
1 sentence

1897Bailey v. Rinker, 146 Ind. 129 ; Shoemaker v. South Bend Spark Arrester Co., 135 Ind. 471; Nichols v. State, 127 Ind. 406 ; Exchange Bank v. Ault, 102 Ind. 322 .

11897–1897
Bailey v. Rinker green
ind · 1896
1 sentence

1897Bailey v. Rinker, 146 Ind. 129 ; Shoemaker v. South Bend Spark Arrester Co., 135 Ind. 471; Nichols v. State, 127 Ind. 406 ; Exchange Bank v. Ault, 102 Ind. 322 .

11897–1897

Statutes the citing opinions construe

IN § Ind. Code § 34-52-1-1 (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.

Where else courts name it

IL 38 (2018–2026) TX 11 (1988–2023) MA 7 (1975–2015) IN 6 (1897–2017) CT 2 (1985–2008)

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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