When the defendant moves for summary judgment and the plaintiff is the non-moving party, the defendant has no duty to raise all its affirmative defenses.
Civil
In Re Visitation of L-A.D.W., No. 82S01-1507-DR-452, __ N.E.3d __ (Ind., July 30, 2015).
“Given the uniqueness that pervades different family units, strict standards on the amount of permissible visitation under the Grandparent Visitation Act would be difficult to craft. As such, trial courts should be able to consider the various circumstances presented in each individual case to determine what is in the child’s best interest.”
First Bank of Whiting v. 524, LLC, No. 45A04-1410-MI-476, __ N.E.3d __ (Ind. Ct. App., July 21, 2015).
To issue a tax deed pursuant to Ind. Code § 6-1.1-25-4.6(b) “there is implicit in the statute a sixth condition, which is that the petitioner is legally entitled to a tax deed after completing all of the requisite steps.”
In re I.J., No. 57A03-1501-AD-28, __ N.E.3d __ (Ind. Ct. App., July 8, 2015).
The trial court erred in denying a possible father’s (third-party) request for genetic testing for a child born to a married couple who placed the newborn for adoption.
Obergefell v. Hodges, No. 14–556, __ U.S. __ (June 28, 2015).
Same-sex couples may exercise the fundamental right to marry.