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In 2020, the Indiana Court of Appeals issued three notable decisions relating to the division of property in dissolution of marriage cases. From the interpretation of asset appreciation in premarital agreements to the admissibility of mediation evidence in actions to avoid or enforce a settlement agreement, the following are three cases that provide valuable takeaways for family law practitioners.
An Indiana woman has pleaded guilty to climbing Mount Rushmore, a federal violation.
7th Circuit Court of Appeals
Cheryl Kellogg v. Ball State University, d/b/a Indiana Academy for Science, Mathematics and Humanities
20-1406
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim Baker.
Civil. Reverses the Indiana Southern District Court’s award of summary judgment to the Indiana Academy for Science, Mathematics and Humanities on Cheryl Kellogg’s claims under Title VII and the Equal Pay Act. Finds the district court’s finding that the academy proffered what the court believed were undisputed gender-neutral explanations for Kellogg’s pay was incorrect. Also finds David Williams’ statement contradicts the academy’s explanations for Kellogg’s pay and puts them in dispute. Finally, finds Kellogg can rely on Williams’ statement even though he uttered it outside the limitations window. Remands for further proceedings.
Fears of an attempt to override Gov. Eric Holcomb’s March 2020 veto of a housing bill is spurring housing advocates to publicly call on the Indiana Legislature to not resurrect SEA 148, particularly when many Hoosiers are continuing to struggle under economic stress brought by the COVID-19 public health crisis.
A Muncie teacher who sued her employer after being told that her starting salary didn’t need to be higher because her husband had a job has secured a reversal in her favor on her pay discrimination claims.
Nine months after Gov. Eric Holcomb first put Indiana under a public health emergency, a top Indiana House Republican has filed a bill that would require a special session before the governor could extend an emergency order beyond an initial 30 days.
The elected Putnam County prosecutor should not be disciplined for accusations that he failed to disclose a deal for testimony from a witness who claimed he was wrongly identified, placing him in danger behind bars as a “snitch.” The hearing officer in Timothy Bookwalter’s attorney discipline case said the prosecutor violated no rules, should not be punished and urged the Indiana Supreme Court to re-examine the ethical duties of prosecutors.
Longtime attorney discipline executive director G. Michael Witte will retire from his post, the Indiana Supreme Court has announced. Witte, a former trial court judge who has overseen the disciplinary commission for a decade, will step down next month.
Monica Fennell, a longtime leader in pro bono efforts in Indiana, has jumped to Taft Stettinius & Hollister, where she is now in charge of building a volunteer lawyer program across the law firm’s 11 offices.
A federal judge on Monday rejected a lawsuit filed by two Republican Wisconsin lawmakers, voting rights groups and others seeking to overturn the 2020 presidential election results in Wisconsin and four other swing states where Democrat Joe Biden defeated President Donald Trump.
As lawmakers around the U.S. convene this winter to deal with the crisis created by the pandemic, statehouses themselves could prove to be hothouses for infection.
Legislative leaders of the GOP-controlled Indiana General Assembly are emphasizing that flexibility will be key to the session as more COVID-19 precautions were made public Monday.
Indiana Court of Appeals
In Re the Matter of R.L., D.L., and L.L., Children in Need of Services, and A.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JC-1259
Juvenile CHINS. Affirms the adjudication of mother A.L.’s children as children in need of services. Finds the evidence supports the Marion Superior Court’s determination by a preponderance of the evidence that mother and father R.L. are “unlikely to participate in the necessary care and treatment without the coercive intervention of the Court.”
At the end of a year full of unprecedented challenges caused by the coronavirus pandemic, Chief Justice John G. Roberts shared his appreciation for the unsung heroes in the judicial branch in his annual year-end report.
Wooden McLaughlin LLP has joined Dinsmore & Shohl LLP in what is being described as one of the largest mergers between two domestic-only law firms during the COVID-19 pandemic. The combination, which was official Jan. 1, was announced by Dinsmore on Monday and brings three Indiana law offices under its umbrella.
The Indiana Tax Court has affirmed a final determination rendered by the Indiana Board of Tax Review for a Boone County Meijer store that increased its assessed value over four years.
Hoosier businesses and individuals concerned about being sued for COVID-19 liability could be safeguarded if a bill that would provide them liability protections is enacted into law.
Indiana lawmakers return to the Statehouse on Monday for the start of a legislative session that will be conducted unlike any other before it.
A federal appeals court has cleared the way for the only woman on federal death row to be executed before President-elect Joe Biden takes office.
The number of Indiana children who died from neglect or abuse totaled 61 in 2019, down four from the previous year, the Indiana Department of Child Services said in a report released Thursday.