Indiana Court Decisions: Feb. 24-March 9, 2022
Read Indiana appellate court decisions from the most recent reporting period.
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Roberson: New law ends forced arbitration in sexual assault, harassment cases
On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which will nullify forced arbitration clauses in sexual assault and sexual harassment cases. Following the #MeToo movement, many states have enacted legislation to limit the scope of claims covered in employment arbitration agreements, but the act is the first federal limitation.
Pettygrove: FMLA exposure, ‘potential’ needs and ‘constructive notice’
Since FMLA leave is a legal entitlement for the employee and a corresponding legal obligation for the employer, that abstract concept implicates immediate questions: Who is responsible for telling whom about a need for leave? What do they need to say? When?
Confusion, dismay over decision to close Family Recovery Court
The Marion Superior Court Executive Committee has announced the family recovery court, which started in 2010, will be closing at the end of the month. Dwindling participation along with concerns about how the program was being operated have been cited as among the reasons for the decision to stop. But stakeholders and graduates say the closure will have a devastating impact, rippling beyond the participants to their children and extended family members.
IndyBar Association and Foundation Welcome New Boards at Leadership Celebration and Installation Breakfast
See photos from the IndyBar Association and Foundation Leadership Celebration and Installation Breakfast, held March 3.
Hammerle on… “The Eyes of Tammy Faye” and 2022 Oscar picks
Indianapolis criminal defense attorney Robert Hammerle gives us his take on “The Eyes of Tammy Faye” and his picks for the 2022 Oscars.
Law prioritizing adoptions to Native American families faces U.S. Supreme Court review
A 44-year-old federal law championed as a means of preserving Native American culture by preventing the removal of children from their homes and tribes is being challenged on constitutionality grounds — and the U.S. Supreme Court has agreed to hear it.
Guest column: Potential antitrust implications of noncompete agreements
| Kathy L. Osborn and David A Given and Anna M. Behrmann and Susanne A. Johnson
Noncompete agreements generally are treated the same whether analyzed under state law or antitrust principles. However, limited instances exist in which antitrust laws may be more restrictive than state noncompete laws are. Businesses with high market shares in their geographic and product markets should take special caution to ensure their restrictive covenants do not unlawfully restrain competition.
Hurley and Mappes: Noncompete agreements under attack: What to know and how to protect your trade secrets
| Ryan Hurley and Harmony Mappes
Businesses routinely use noncompete agreements to protect their most valuable assets, including trade secrets. However, noncompete agreements are increasingly under attack at both the state and federal level. This two-part series will first explain recent developments restricting the use of noncompetes, then Part II will focus on how that increased scrutiny on noncompete agreements may impact trade secret protection.
Katz: Not just hatred: Antisemitism is a legal phenomenon, too
Antisemitism is both the world’s oldest hatred and its most current news.
Parrish: Staff excellence is institutional excellence
Being one of the nation’s top public law schools requires staff who work tirelessly behind the scenes, who care deeply about student success and who provide high-quality help. In Bloomington, we’re fortunate that we have the best, with long-serving staff who are truly exceptional.
IndyBar: Feeling Young and Staying Hip with IndyBar and IndyBar Foundation
| Tim Karns and From IndyBar
Two upcoming IndyBar Foundation events are certain to keep you feeling young and socially connected.
Opinions March 15, 2022
7th Circuit Court of Appeals
Ashaki Paschall and Gerald Ragland v. Tube Processing Corporation
21-1853
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s conclusion that Ashaki Paschall and Gerald Ragland did not produce sufficient evidence from which a reasonable factfinder could conclude that they satisfied all the elements of their sexual harassment and racial discrimination claims brought against their former employer, Tube Processing Corporation.
7th Circuit: Insufficient evidence sinks ex-employees’ sexual harassment, racial discrimination claims
Two former employees of a commercial and aerospace manufacturing company were unable to convince the 7th Circuit Court of Appeals on Tuesday that they were subjected to a hostile work environment based on sexual and racial comments directed at them by other workers.
Workers at Mooresville brick plant trying to overturn ‘successor bar’ doctrine in decertification fight
Mooresville brick makers unhappy with their union are asking the National Labor Relations Board to override the decision of the regional director and allow them to take a decertification vote.
District court erred in ‘distribution’ enhancement in child porn case, 7th Circuit rules
A man convicted of transporting and possessing child pornography could have his sentence reduced after a federal appeals court determined his saving of the images in a cloud-based folder didn’t amount to “distribution.”
Frost Brown Todd teams up with Million Meal Movement to help fight local hunger
More than 60 Frost Brown Todd LLC attorneys, paralegals and business professionals rallied together on March 1 to give back to their community after putting a pandemic-prompted pause on in-person community service events.
7th Circuit cannot reconcile ALJ’s contradictory findings, remands denial of benefits
Holding the administrative law judge failed to “clearly and rationally” articulate the reason for her finding that an Indiana woman who could sit for no longer than 15 minutes at a time would be able to perform a sedentary job, the 7th Circuit Court of Appeal remanded the case to the Social Security Administration for another review.
Indiana’s unemployment rate continues descent, slipping to 2.4%
Indiana’s unemployment rate continued to descend in January and hit a low that the state has not seen at least since America’s bicentennial.
Indiana attorney general bills state $2,300 for border trip
Indiana Attorney General Todd Rokita’s office spent at least $2,300 for his trip the U.S-Mexican border in January that included a stop at a Donald Trump rally along the way, state records show.