Indiana: What to Do When Discovering After the Statute of Limitations Expires That the Wrong Party Was Named?

Indiana: What to Do When Discovering After the Statute of Limitations Expires That the Wrong Party Was Named?

This week we look at the decision in Webb v. City of Carmel and look to use of Trial Rule 15(C) for adding a new party after the statute of limitations has expired. We also discuss whether the court of appeals misapplied Indiana’s summary judgment standard in this case, wherein there is no mention whatsoever of the movants’ evidence, only a determination that the non-movant’s evidence was insufficient.

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Indiana Court of Appeals: Failure to Respond to Cross-Motion for Summary Judgment Not Necessarily Fatal

Indiana Court of Appeals: Failure to Respond to Cross-Motion for Summary Judgment Not Necessarily Fatal

This week we discuss an interesting circumstance of whether failure to file a response to a cross-motion for summary judgment prohibits reliance upon evidence filed in the initial motion for summary judgment.

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