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Wednesday, September 12, 2007

Ind. Decisions - 7th Circuit decides one Indiana case today

In FreeEats.com, Inc. v. State of Indiana and Steve Carter, AG (SD Ind., Judge McKinney), an 18-page opinion, Judge Manion writes:

FreeEats.com, Inc., a provider of prerecorded telephonic messages, filed in federal district court a motion for a preliminary injunction and a declaratory judgment seeking to prevent Indiana from enforcing its statute prohibiting the use of automatic dialing machines to send prerecorded messages to Indiana telephone subscribers. Three days earlier, Indiana had filed an action in an Indiana state court against one of FreeEats’ clients, the Economic Freedom Fund, and numerous thenunknown prerecorded telephonic message providers, to enforce the Indiana statute. Based on its first-filed state court action, Indiana moved the district court to abstain from exercising jurisdiction pursuant to the principles of Younger v. Harris, 401 U.S. 37 (1971), and to stay the case pending the resolution of its motion. The district court denied both of Indiana’s motions, as well as FreeEats’ motion for a preliminary injunction. Indiana and FreeEats cross-appealed. We reverse the district court’s denial of Indiana’s motion to dismiss pursuant to the Younger abstention doctrine, and vacate its denial of FreeEats’ motion for a preliminary injunction.

Posted by Marcia Oddi on September 12, 2007 10:44 AM
Posted to Ind. (7th Cir.) Decisions