Opinions Jan. 5, 2021

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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.

Indiana Court of Appeals
Austin A. McCarty v. State of Indiana (mem. dec.)
20A-CR-1231
Criminal. Reverses the Steuben Circuit Court’s order requiring Austin McCarty to pay restitution as part of his sentence in one of his four cases. Finds the trial court abused its discretion by entering the restitution order in Cause No. 743. Reverses the portion of McCarty’s sentence requiring the payment of restitution and remands with instructions to vacate the restitution order. Judge Elizabeth Tavitas dissents with separate opinion.

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