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Tuesday, November 29, 2005

Ind. Decisions - 7th Circuit issues one Indiana decision today, and an opinion re telemarketing chiropractic services in Illinois

Among the 7th Circuit decisions today is one that is Indiana-related, and one involving telemarketing chiropractic services in Illinois.

USA v. Lucas (ND Ind., Judge Lozano)

RIPPLE, Circuit Judge. After her plea of guilty to obstruction of correspondence was rejected by the district court, Rene Lucas was convicted by a jury of conspiracy to commit identity theft and of obstruction of correspondence. The court then sentenced her to concurrent terms of two years’ probation on each charge, six months’ home detention, a special assessment of $200 and restitution in the amount of $3,344.32. Ms. Lucas now submits that the district court abused its discretion in refusing to accept her tendered guilty plea to the obstruction of correspondence charge. For the reasons set forth in the following opinion, we affirm the judgment of the district court.
Goodman v. Illinois Dept. of Regulation
FLAUM, Chief Judge. Jason Goodman is a chiropractor who currently practices in St. Louis, Missouri. He is licensed in Illinois, and states that he plans to open a clinic in Springfield. He wishes to telemarket his services to people in the Springfield area who have recently been in car accidents, but is prevented from doing so by the Illinois Medical Practice Act (“the Act”). The Act prohibits medical professionals from soliciting professional patronage under penalty of professional discipline. Goodman has filed a First Amendment challenge to the law and has requested a preliminary injunction against the Illinois Department of Financial and Professional Regulation (“the Department”) that would prohibit any professional discipline against him for telemarketing.

Posted by Marcia Oddi on November 29, 2005 12:47 PM
Posted to Ind. (7th Cir.) Decisions