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7th Circuit hears Cinergy appeal

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Indiana Lawyer Rehearing

The 7th Circuit Court of Appeals is considering the appeal involving the 2009 retrial on clean-air rule violations at a coal-fired power plant in southeast Indiana.

On Sept. 20, a federal appellate panel made up of Chief Judge Frank Easterbrook and Judges Richard Posner and Illana Diamond Rovner took up the case of U.S. and Hoosier Environmental Council, et al. v. Cinergy Corp., Nos. 09-3351, 09-3344, and 09-3350. The issues are whether U.S. District Judge Larry McKinney in May 2009 erred in admitting certain expert witness testimony and also whether he erred in instructing the jury on a standard that wasn’t in place at the time of the projects.

The case dating to 1999 involves violations to parts of the Clean Air Act intended to make sure that older power plants that have major upgrades also meet more modern pollution limits with new permitting and emissions controls. In a partial retrial of some claims after the original May 2008 verdict that went mostly in the utility company’s favor, jurors found that Duke – which bought Cinergy in 2006 – violated the law in two of its projects at three power plants but did not violate the law on four other projects.

At issue now on appeal is the standard used in determining whether regulations were enforceable under the federal act and whether some of the expert testimony the court permitted should not have been allowed.

The judges grilled attorneys Peter Keisler for Cinergy and Jason Dunn for the federal government about certain expert opinions and the reliability of their testimony. The judges took the case under advisement after listening to both sides.
 

Rehearing "Cinergy trial ends with split verdict" IL May 27 - June 9, 2009

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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