· 12/23/2008
State v. American Family Voices, Inc.
Citations
- 898 N.E.2d 293
- 2008 Ind. LEXIS 1188
- 2008 WL 5342106
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding defendants were not exempt from the Indiana Autodialer Law because, despite crafting explicit exemptions to the law in other statutes, the legislature had not done so for defendants there
- noting that although Indiana’s notice-pleading rules do not require the complaint to state all elements of a cause of action, the plaintiff must still plead the operative facts necessary to set forth an actionable claim
- stating that if the statutory language is clear and unambiguous, “we need not apply any rules of construction other than to require that words and phrases be given their plain, ordinary, and usual meanings.”
- “A 12(B)(6) dismissal is improper unless it appears to a certainty on the face of the complaint that the complaining party is not entitled to any relief.”
- “The statute itself is the best evidence of legislative intent, and we strive to give the words in the statute their plain and ordinary meaning. *** The plain meaning of the statute, if it has one, must be given effect.” (Internal quotation marks omitted.)
Source: CourtListener parenthetical corpus (CC0).
Judges: Boehm, Dickson, Rucker, Shepard, Sullivan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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