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U.S. Court of Appeals for the 7th Circuit
Jennifer Shirk v. Trustees of Indiana University, et al.
No. 22-3212

Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division, Chief Judge James R. Sweeney II. Affirms the district court’s entry of summary judgment for Indiana University and related defendants on Shirk’s retaliation claims under the Rehabilitation Act and the Family and Medical Leave Act. Holds that although the district court applied an incorrect “sole causation” standard to the Rehabilitation Act retaliation claim, the proper standard is but-for causation and, under de novo review, the summary-judgment record does not support a finding that Shirk’s protected activity caused her termination. Concludes the evidence showed she was fired for sending unprofessional and insubordinate emails to high-level university officials accusing her supervisors of mismanagement and bypassing unit leadership, and that isolated remarks about her medical leave or accommodation requests were insufficient to establish pretext. Rejects her comparator and pretext arguments and determines no reasonable jury could find that her termination was retaliatory. Appellant’s attorneys: Matthew R. Gutwein; Christopher S. Stake; Annavieve C. Conklin. Appellees’ attorney: Melissa A. Macchia.

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Indiana Court of Appeals
Joseph S. Rechlicz, et al. v. Price Point Builders, LLC
No. 25A-PL-1071

Interlocutory appeal from the Lake Superior Court, Judge John M. Sedia. Affirms the trial court’s order compelling arbitration of the Rechliczes’ claims against Price Point Builders arising from alleged construction defects in their home. Holds the limited warranty agreement between the parties contains a mandatory arbitration provision requiring that breach-of-warranty claims “shall be resolved by arbitration,” and that the homeowners’ claims fall within that agreement rather than the construction agreement’s optional arbitration clause. Further holds Price Point did not waive its right to compel arbitration by participating in litigation for 14 months before filing its motion, where the case had made little substantive progress – in part due to a clerical error with the court’s electronic filing system – no dispositive rulings on the merits had occurred, and Indiana law does not require a showing of prejudice to establish waiver. Concludes the trial court properly denied the motion to correct error and stayed proceedings pending arbitration. Appellants’ attorneys: Megan L. Craig; John R. Craig. Appellee’s attorneys: Nathan D. Vis; Edward R. Ricci Jr.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.