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Seventh Circuit Holds Title VII Retaliation Plaintiffs To A High Bar, Requiring Retaliation To Be “The” But-For Cause Rather Than “A” But-For Cause

| Jul 1, 2019 |

The Seventh Circuit recently reaffirmed the standard required to hold an employer liable for retaliation under Title VII. In Mollet v. City of Greenfield, the court held that “Title VII claims require proof that the desire to retaliate was the but-for cause of the challenged employment action.”[1] This ruling establishes the requirement for an employee to bring a successful retaliation…

Is Obesity A Protected “Disability” Under The ADA? The Seventh Circuit Says “Maybe.”

| Jun 24, 2019 |

For the first time, the 7th Circuit has directly addressed the question of whether obesity is a “physical impairment” that qualifies as a disability under the ADA. Consistent with the Second, Sixth, and Eighth circuit courts’ holdings, the 7th Circuit held in Richardson v. Chicago Transit Authority that “obesity is an ADA impairment only if it is the result of…

Rural Broadband Fund Created: Grants Available! “SEA 460 (Indiana Broadband Development – 2019)”

| Jun 10, 2019 |

Signed into law on May 2, 2019, SEA 460 enhances the state’s ability to develop high speed internet access in rural communities. The act does this in two ways: (1) by creating a rural broadband fund used to award grants to certain broadband service providers operating in rural areas, and (2) by issuing new guidelines to the Indiana Department of…

County of Butler v. CenturyLink Communications, LLC

| May 16, 2019 |

In 1990, the State of Pennsylvania enacted a statutory scheme for regulating 911 emergency calls throughout the State. Most notably, counties were responsible for maintaining 911 systems and were obliged to make arrangements with local exchange carriers (“LECs”) operating within the county to provide 911 service. Service providers would impose a charge on its customers to pay for the 911…

Crow Wing Coop. Power & Light v. Great River Energy, 2019 Minn. App. Unpub. LEXIS 16 (Ct. App. Minn. Jan. 7, 2019)

| Apr 22, 2019 |

Great River Energy (“GRE”) is a G&T cooperative that services 28 members. Crow Wing Coop. Power & Light (“Crow Wing”) is one of GRE’s 28 members. In 2004, Crow Wing entered into a power purchase contract with GRE. The pertinent parts of power purchase contract are (i) the section which provides the rate making formula and governs GRE’s charges to…

THE DOOR SHOP, INC. V. ALCORN COUNTY ELECTRIC POWER ASSOCIATION

| Mar 28, 2019 |

Alcorn County Electric Power Association (“ACE”) began supplying The Door Shop, Inc. (“Door Shop”) with electric service beginning in November 2004. In the course of setting up Door Shop’s account, ACE failed to enter the proper data into their billing system. This error resulted in Door Shop being dramatically under-billed for their electric service. From November 2004 to January 2011,…

Unreasonable Relocation Ordinance: Respect Utility Property Rights – “Duke Energy Indiana, LLC v. Town of Avon, Indiana”

| Mar 7, 2019 |

In 2015, the town of Avon passed an ordinance which allowed the town to force a utility to relocate facilities on public streets or public rights-of-way at the utilities expense due to municipal projects. Duke Energy subsequently filed a complaint with the IURC, alleging Avon’s ordinance violated Indiana law. Initially, the IURC dismissed the complaint because Avon had already initiated…

Time’s Up: Only 180 Days to File Tort Claim Notice – “Tort Claim Notice is Critical to Preserve Rights”

| Feb 4, 2019 |

The Indiana Tort Claims Act (I.C. 34-13-3 et seq.) requires that notice must be filed before a plaintiff may bring a tort claim against any state agency or political subdivision. The timing of this notice is critical, as failing to file a tort claim notice within the applicable time limit will most likely bar an individual from seeking any remedy…

Approved! Charlestown Sells Water Utility – “NOW!, Inc. v. Indiana-American Water Co., (sale of municipal utility) – Indiana Utility Lawyer”

| Jan 31, 2019 |

In an opinion issued on December 31, 2018, the Indiana Court of Appeals upheld Charlestown’s sale of its water utility to the Indiana-American Water Company. See Now!, Inc. v. Indiana-American Water Company, Inc., Case No. 18A-EX-844 (Ind. Ct. App. Dec. 31, 2018). The City of Charlestown owned and operated its water utility for over fifty years. Id. at 3. At…

INDIANA COURT OF APPEALS HOLDS ABSOLUTE PRIVILEGE EXISTS AGAINST SLANDER OF TITLE WHEN LIS PENDENS NOTICE PROPERLY FILED AND ARGUMENT NOT WAIVED UPON APPEAL

| Jan 23, 2019 | ,

On January 11, 2019, the Indiana Court of Appeals held that the trial court properly denied appellant RCM Phoenix Partners LLC’s (“Phoenix”) slander of title claim, even though the appellee 2007 East Meadows, LP (“Meadows”) failed to raise a claim of absolute privilege at the trial court level and raised it for the first time on appeal. Due to complications…

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