Court of Appeals Case No. 21A-CT-175.

186 N.E.3d 1151 (2022)

The TRUSTEES OF INDIANA UNIVERSITY, Appellant-Defendant, v. Justin SPIEGEL, Appellee-Plaintiff The Trustees of Purdue University, Appellant-Respondent, v. Elijah Seslar, Zachary Church, Jordan Klebenow, and Luke McNally, Appellees-Plaintiffs

Court of Appeals of Indiana.

FILED March 31, 2022.

Attorney(s) appearing for the Case

Attorneys for Appellant The Trustees of Indiana University: Jane Dall Wilson , Anne K. Ricchiuto , Emily A. Kile-Maxwell , Emanuel L. McMiller , Faegre Drinker Biddle & Reath LLP, Indianapolis, Indiana.

Attorneys for Appellant The Trustees of Purdue University: Jane Dall Wilson , Paul A. Wolfla , Emily A. Kile-Maxwell , Faegre Drinker Biddle & Reath LLP, Indianapolis, Indiana, Jeffrey S. Jacobson , Faegre Drinker Biddle & Reath LLP, New York, New York, William P. Kealey , Barry L. Loftus , Stuart & Branigin LLP, Lafayette, Indiana.

Attorney for Amicus Curiae Independent Colleges of Indiana: Jodie Ferise , Indianapolis, Indiana.

Attorneys for Appellees Justin Spiegel and Elijah Seslar: Jacob R. Cox , Cox Law Office, Indianapolis, Indiana, Roy T. Willey, IV , pro hac vice, Anastopoulo Law Firm, LLC, Charleston, South Carolina.

Attorneys for Appellees Zachary Church, Jordan Klebenow, and Luke McNally: Richard E. Shevitz , Vess A. Miller , Cohen & Malad, LLP, Indianapolis, Indiana.

Case Summary

[1] In March 2020, as the deadly COVID-19 pandemic swept through Indiana, the governor issued a series of executive orders declaring a public health disaster emergency, imposing social-distancing and stay-at-home requirements, and allowing educational institutions to continue operations, but only for purposes...


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