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Opinions July 21, 2021

7th Circuit Court of Appeals

City of Fishers, Indiana v. DIRECTTV
20-3478
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.

Civil. Affirms the Southern Indiana District Court’s abstention under the teachings of Levin v. Commerce Energy, Inc., 560 U.S. 413 (2010) from a case brought by several Indiana cities against Netflix and other video streaming platforms alleging they owe the cities past and future franchise fees under an Indiana statute. Finds the district court properly abstained and that it did not err by applying the Levin abstention factors.

 

Indiana still resistant to nonlawyer firm ownership

| Marilyn Odendahl

In June, Florida became the most recent to join a growing list of states moving to cast aside long-held resistance and beginning to open the door to — if not completely welcome —nonlawyers co-owning legal practices. But Indiana is not yet following suit.

Maley: Article III threshold issues: Cases and controversies

| John Maley

Case or controversy limitations on judicial power have permeated U.S. judicial history and include standing, ripeness and mootness. Although these core concepts have been fundamental to and well developed in federal court jurisprudence, they continue to arise and evolve, with the Supreme Court taking up and issuing opinions on these case or controversy topics in recent years, and the district and appellate courts addressing these topics repeatedly.

Cunningham: Best practices for utilizing an expert at mediation

| Jay Cunningham

Because trial attorneys will spend more time in mediations than jury trials, attorneys’ advocacy skills at mediation are a very important element to achieving successful results for their clients. Another important component, however, relates to the comprehensive evaluation of the case’s economic damages leading up to mediation.