ILNews

Justices hear 3 cases, including robo-calls appeal

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court heard three arguments this morning, including one case that it had granted emergency transfer to regarding whether the state should be constitutionally allowed to restrict robo-calls to residents.

With Justice Frank Sullivan not participating, the four justices heard arguments first in State of Indiana v. FreeEats.com, No. 07S00-1008-MI-411, that the court had granted on emergency transfer from the Brown Circuit Court. The case involves the attempted enforcement of the Indiana AutoDialer Law, or Indiana Code 24-5-14, by the state. The trial judge granted and denied in part a preliminary injunction request from FreeEats.com and the state appealed, presenting this case for the justices’ consideration.

The case raises a constitutional question under the Indiana Constitution, and attorney Paul Jefferson with Barnes & Thornburg argued that this restriction creates an economic burden for the company using this interactive artificial technology and violates the state Constitution. He’s not asking the court to strike down the full statute, but rather allow for this technology to be used in place of a live operator as the legislative language currently states.

Terre Haute attorney James Bopp split the time with Jefferson, taking up the First Amendment concerns he sees with the case. Bopp was quickly questioned by the justices about whether his argument was relevant to the appeal at hand. As soon as Bopp began citing his landmark victory before the U.S. Supreme Court last year in Citizens United v. Federal Election Commission, 130 S.Ct. 876 (2010), which dealt with whether companies should be able to donate money to political campaigns, Justice Brent Dickson wondered whether his argument had standing in this state appeal.

The trial court didn’t rule on that First Amendment issue, the court and Bopp agreed, and so the state justices questioned whether this preliminary injunction matter – rather than a summary judgment issue - allows for other legal theories and issues to be raised. Bopp said it did and discussed why he believes the state is prohibited from restricting this protected type of speech within someone’s home.

But Indiana Solicitor General Tom Fisher argued that this robo-calls restriction doesn’t target protected political speech and isn’t about campaign-finance laws as Citizens United and other free speech cases were. Instead it focuses on all types of calls that seek consent without a live operator and that’s a consumer-protection issue that the statute aims to protect homeowners against.

The same four justices also heard the case of City of Greenwood v. Town of Bargersville, No. 41S05-1012-CV-666, in which Greenwood is challenging the town's annexation of land within three miles of the city's corporate boundary. The Johnson Superior Court granted summary judgment in Bargersville’s favor. The Indiana Court of Appeals last year reversed on the grounds that the town didn’t obtain the consent of 51 percent of the landowners for annexation purposes, but rather as part of a separate sewer service agreement. What the Supreme Court rules will not only decide whether that part of Bargersville becomes a part of Greenwood, but also what is required for “consent” by other communities trying to annex land.

The third case the court heard today is a combined argument in Jeffery McCabe v. Commissioner, Indiana Department of Insurance / Hematology-Oncology of Indiana, P.C., v. Hadley Fruits, No. 49S02-1010-CV-602, on whether attorney fees and litigation expenses are recoverable damages under the Adult Wrongful Death Statute. Justice Sullivan heard arguments and was participating in that appeal.
 

ADVERTISEMENT

  • Supreme ruling
    In regards to the Greenwood v Bargersville debate who represents the citizens that do not want to be annexed or merged. It is too bad the court cannot consider how towns and cities should not gobble up land just to steal money oh i am sorry generate revenue.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

ADVERTISEMENT