Indiana Court Decisions – Dec. 16-29, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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Soshnick: The income conundrum in Indiana divorce law
One of the perplexing areas of Indiana divorce law is “income.” At first blush, that vexation seems out of place. Upon closer inspection, the confusion is understandable. Why? The reason is that there frequently are disputes as to whether payments are income or property in divorce cases.
IndyBar: Thank You, 2020 Indianapolis Bar Association & Foundation Leaders!
During an incredibly challenging year, Indianapolis Bar Association & Foundation leaders continued to step up for the benefit of the profession and our community. We are extremely grateful to these members for giving so generously of their time and talent in the midst of so many challenges.
DTCI: Meet the 2021 DTCI Board of Directors
Meet the officers and directors of the Defense Trial Counsel of Indiana, who were elected at the November annual meeting. They assumed office January 1.
IndyBar: Bon Voyage, 2020! From the Most 2020 IndyBar President Ever …
What I’ve learned from my leadership of IndyBar in 2020 is that our profession is more prepared and resilient than I could have imagined. Now, as we slowly begin to emerge from the pandemic, we will begin to see the ways in which our profession has changed for the short- and long-term.
IndyBar: Meet the President – Jimmie McMillian
Happy New Year! It is a true honor and privilege to serve as the 2021 President of the Indianapolis Bar Association. I am committed to working with our outstanding Board of Directors, committee, section and division leaders and staff to continue to meet and exceed our commitment to the practice of law, continuing legal education and community service.
Makris: Review of notable Indiana property division cases in 2020
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.
Bloomington woman pleads guilty to climbing Mount Rushmore
An Indiana woman has pleaded guilty to climbing Mount Rushmore, a federal violation.
Opinions Jan. 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
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
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
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
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
| 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
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
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
| 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
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
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
| 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.