A party does not waive an affirmative defense by failing to raise it in response to a motion for partial summary judgment that would not be dispositive as to the issue of liability.
Supreme
Storie v. Randy's Auto Sales, No. 94S00-0912-CQ-559, ___ N.E.2d ___ (Ind., May 13, 2010)
An entity that purchases and later sells a wrecked vehicle is required to apply for a salvage title under Ind. Code § 9-22-3-11(e) when it no longer owns the vehicle upon receipt of the certificate of title.
In re the Paternity of N.L.P., No. 45S03-0904-JV-133, ___ N.E.2d ___ (Ind., Apr. 30, 2010)
Where the parties in a domestic relations dispute sign a written agreement retaining the services of a guardian ad litem, the trial court is bound to enforce the terms of the agreement when awarding fees and expenses incurred by the GAL, unless the terms are contrary to public policy.
Murray v. City of Lawrenceburg, No. 15S04-0907-CV-310, ___ N.E.2d ___ (Ind., Apr. 20, 2010)
Inverse condemnation is the sole remedy for a governmental act that purports to exercise all rights of ownership over a parcel of land; the six year statute of limitations for trespass applies to such a claim.
Shotts v. State, No. 71S03-0905-CR-253, __ N.E.2d __ (Ind., Apr. 15, 2010)
Suppression of evidence found during Indiana warrantless extradition arrest erroneously focused on flaws in Alabama magistrate’s probable cause determination, when correct inquiry was whether Indiana officers’ reliance on the report of Alabama warrant was reasonable.