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Opinions Oct. 12, 2010

7th Circuit Court of Appeals
United States of America and State of New York, et al. v. Cinergy Corp., et al.
No. 1:99-CV-1693
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses District Court ruling in the government’s favor regarding modifications involving sulphur dioxide emissions because Cinergy met the standard that was authorized by a state plan the Environmental Protection Agency approved. Finds the District Court should not have admitted evidence by the EPA’s expert witnesses. Rules that without expert testimony to support an estimate of actual emissions caused by the modifications, the government cannot prevail with respect to the charge of nitrogen oxide pollution. Dismisses cross-appeal.

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ISBA panel still studying ALJ issues

Gov. Mitch Daniels fired the state’s top utility regulator recently, citing ethical concerns about how a now-former administrative law judge presided over cases involving a regulated energy company leading up to his taking a job there.

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Actual notice denies bona fide purchaser defense

The Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession of farm equipment to a company that had security interest in it even though it had been traded to another company.

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SCOTUS rejects two Indiana cases

The Supreme Court of the United States has declined to get involved in two appeals out of Indiana, upholding federal or state rulings on both cases.

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IBA: 2010 IBA Diversity Job Fair

For the third year in a row, the Indianapolis Bar Association’s Diversity Job Fair has successfully created employment opportunities in Indianapolis for a diverse set of students from around the country.

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IBA: Inaugural Class of Senior Fellows

The Indianapolis Bar Foundation had inducted a new class of fellows, Senior Fellows. Senior Fellows of the Indianapolis Bar Foundation are Distinguished Fellows who have been nominated based upon their continued and outstanding dedication to the welfare of their communities and to the high­est principles of the legal profession.

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IBA: Blomquist announced as 2013 IndyBar President

The Indianapolis Bar Association’s Nominating Committee has announced the selection of Kerry Hyatt Blomquist, General Counsel for the Indiana Coalition Against Domestic Violence as the 2013 President of the Association. Blomquist will be the organization’s 135th President.

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ISBA panel still studying ALJ issues

Gov. Mitch Daniels fired the state’s top utility regulator recently, citing ethical concerns about how a now-former administrative law judge presided over cases involving a regulated energy company leading up to his taking a job there. The governor’s actions told those serving as state agency ALJs that the spirit of a mandatory one-year cooling-off rule […]

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SCOTUS won’t take Indiana UPL case

The Supreme Court of the United States won’t reconsider a significant unauthorized practice of law case ruled on by the Indiana Supreme Court earlier this year.

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Candidate on ballot as appeal proceeds

The Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial-election issue from Lake County, while the lower appeals court decided not to grant an expedited-hearing request despite the pending election.

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DTCI Kudos

Lloyd H. Milliken, Jr., (past president) and Randall R. Riggs, partners in Frost Brown Todd, who were recognized in the September/October 2010 Super Lawyers® Corporate Counsel Edition.

John C. Trimble (past president), partner in Lewis Wagner, who has been appointed chair of the Public Policy Committee of DRI.

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