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Opinions Jan. 5, 2021

January 5, 2021

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.

Potential for veto override of housing bill stirs call to action

January 5, 2021 | Marilyn Odendahl

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.

Woman denied higher starting salary ‘because’ husband had a job wins reversal in pay discrimination case

January 5, 2021 | Katie Stancombe

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.

Bill would give lawmakers opportunity to weigh in on governor’s emergency order extensions

January 5, 2021 | Lindsey Erdody, Indianapolis Business Journal and IL Staff

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.

Justices urged to clear Putnam Co. prosecutor over undisclosed testimony deal

January 5, 2021 | Dave Stafford

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.

Disciplinary Commission director Witte to retire

January 5, 2021 | IL Staff

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.

Fennell joins Taft as firm’s first pro bono director

January 5, 2021 | Marilyn Odendahl

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.

Federal judge rejects lawsuit seeking to overturn Trump loss

January 5, 2021 | IL Staff and Associated Press

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.

Statehouses could prove to be hothouses for virus infection

January 5, 2021 | Associated Press and IL Staff

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 stress ‘flexibility will be key’ as session starts

January 5, 2021 | Lindsey Erdody, Indianapolis Business Journal

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.

Opinions Jan. 4, 2021

January 4, 2021

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.”

CJ Roberts’ year-end report highlights judiciary’s accomplishments despite COVID

January 4, 2021 | IL Staff

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 merges with national firm Dinsmore & Shohl

January 4, 2021 | IL Staff

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.

Tax Court affirms assessment of Boone County Meijer store

January 4, 2021 | Katie Stancombe

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.

Liability protection bill meant to protect Hoosier businesses from COVID litigation

January 4, 2021 | Katie Stancombe

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.

Lawmakers return to Statehouse for start of 2021 session

January 4, 2021 | Lindsey Erdody, Indianapolis Business Journal

Indiana lawmakers return to the Statehouse on Monday for the start of a legislative session that will be conducted unlike any other before it.

Appeals court vacates order delaying woman’s execution

January 4, 2021 | Associated Press

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.

Indiana DCS releases 2019 child fatality report

January 4, 2021 | Associated Press

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.

Trump, on tape, presses Ga. official to ‘find’ him votes

January 4, 2021 | Associated Press

President Donald Trump pressured Georgia’s Republican secretary of state to “find” enough votes to overturn Joe Biden’s win in the state’s presidential election, repeatedly citing disproven claims of fraud and raising the prospect of a “criminal offense” if officials did not change the vote count, according to a recording of the conversation.

Republicans condemn ‘scheme’ to undo election for Trump

January 4, 2021 | Associated Press

The unprecedented Republican effort – including efforts by an Indiana senator – to overturn the presidential election has been condemned by an outpouring of current and former GOP officials warning the effort to sow doubt in Joe Biden’s win and keep President Donald Trump in office is undermining Americans’ faith in democracy.

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In This Issue

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  • Barnes & Thornburg LLP’s expanded finance, government team gives firm more breadth

  • The Indiana Lawyer names 2026 Leadership in Law class

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  • Judge spares Baer death penalty, resentences killer to life in prison

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