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Justices hear 3 cases, including robo-calls appeal

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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.
 

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  • 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.

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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