City of Indianapolis v. Cox - 7/1/14

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Tuesday  July 1, 2014 
10:00 AM  EST

10 a.m. 49A02-1309-PL-792. In 2005, Appellant City of Indianapolis changed the program through which it required homes that had previously used septic systems to connect to the City's sanitary sewers. Specifically, the city ended its previous "Barrett Law" for funding that work, forgave all outstanding debt under the program, and enacted a different financing program. Appellees Owen Cox, Jr. and Evelyn Cox had paid to have their home connected to the sewers under the Barrett Law system, and they claimed they were being treated unfairly in comparison to those homeowners who had opted to pay for the sewer connection via an installment plan and then had their debt forgiven. They sued the City on behalf of a proposed class. After the Coxes' federal constitutional claims were resolved by a companion case, the case was remanded back to the trial court. That court determined that the manner in which the City changed the program violated Indiana law and ordered the City to pay damages and prejudgment interest to the Coxes and the class. On appeal, the City argues that the Coxes' state-law claims are barred, that the City did not violate Indiana law, and that the Coxes are not entitled to prejudgment interest.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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