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AG Curtis Hill leads 13-state effort challenging Massachusetts’ restrictive farming regulations

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Complaint filed today with U.S. Supreme Court

Attorney General Curtis Hill announced today he is leading a multi-state lawsuit challenging attempts by Massachusetts to impose agricultural regulations on Indiana and other states.

Joining Indiana in the lawsuit are 12 other states: Alabama, Arkansas, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, West Virginia and Wisconsin.

The suit, filed today in the U.S. Supreme Court, targets a Massachusetts law preventing the sale in Massachusetts of eggs, pork and veal from livestock not housed according to Massachusetts specifications – regardless of where in the United States the livestock was raised or where the food items were produced. The Massachusetts law resulted from a 2016 referendum.

The case involves a concept known as horizontal federalism.

“Under the U.S. Constitution, states must respect the rights and prerogatives of other states,” Attorney General Hill said. “No state has the right to dictate how other states choose to regulate business operations and manufacturing processes within their own borders.”

Today’s action marks the second case this month involving horizontal federalism in which Indiana has been involved. Last week, Indiana joined a 13-state effort to challenge a California law requiring egg producers in all other states to comply with California’s farming regulations regarding housing of poultry in order to sell eggs in that state.

Both the California and Massachusetts laws, Attorney General Hill said, violate the Commerce Clause of the U.S. Constitution, which gives Congress exclusive authority to regulate commerce among and between states.

“No one disputes that individual states have every right to regulate products based on such priorities as protecting consumer health and safety,” Attorney General Hill said. “But that’s a different scenario from when one state sits in judgment of another state’s manufacturing and production processes despite the lack of any discernible impact on product quality or safety. States should not erect barriers to the free flow of products from other states.”

States’ legal complaints against other states must be filed directly in the U.S. Supreme Court, as Congress has provided that “[t]he Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.” 28 U.S.C. § 1251(a).

Attached, see legal documents pertaining to the lawsuit.

Next Level Indiana Trust Fund Investment Board Selects Program Administrator

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Members of the Next Level Indiana Trust Fund Investment Board voted Friday, Dec. 8, to preliminarily select 50 South Capital Advisors, LLC, a wholly-owned subsidiary of Northern Trust Corporation (NASDAQ: NTRS), to administer the $250 million fund and make strategic investments that reflect goals outlined by the board.

The Next Level Indiana Trust Fund is a key component of Gov. Holcomb’s 2017 Next Level legislative agenda and aims to build and support increased entrepreneurship and innovation in the state.

50 South Capital Advisors, LLC is a global alternatives asset management firm with a large Midwest presence. The firm specializes in providing access primarily to small-to-mid sized managers that offer unique and differentiated sources of return, which makes it well aligned to the mission of the Next Level Indiana Trust Fund.

Now that 50 South Capital Advisors has been preliminarily selected to administer the fund, board staff will begin working with 50 South Capital Advisors to outline a contract and guide investment policy for the fund. Fund investments are expected to begin in the first quarter of 2018.

The Next Level Indiana Trust Fund was established by the Indiana Finance Authority as a charitable trust that operates separately from the state of Indiana. The board acts as the trustee for the fund and will adopt an investment policy to guide Next Level Fund investments made by 50 South Capital Advisors, which will manage the fund and regularly report to the board.

Reitz Biomedical Innovations Class Designs Emergency Department

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Reitz Biomedical Innovations Class to Present Emergency Department Designs
Tuesday, Dec. 12 and Thursday, Dec. 14
11 a.m. both days
Reitz High School, 650 Dreier Blvd.
Students in Rachel Heck’s Biomedical Innovations class at Reitz High School have been working on designing new and innovative emergency departments. Students were tasked with developing all aspects of a hospital emergency department, including funding a budget, designing the facility and laying out patient care. Student’s will present their reports Tuesday and Thursday. Presentations will include the building design and budget, and each group will walk two fictitious patients through their emergency departments to demonstrate how patients would be treated in their facility.

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Corey Michael Fisher: Intimidation (Level 5 Felony)

Tina Denise Kennedy: Theft (Level 6 Felony), Criminal trespass (Class A misdemeanor)

Steven W. Rickard: Possession of methamphetamine (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony), Possession of a narcotic drug (Level 6 Felony), Driving while suspended (Class A misdemeanor), Possession of paraphernalia (Class C misdemeanor)

Jean Dtae Holland: Intimidation (Level 6 Felony), Resisting law enforcement (Class A misdemeanor)

Michael David Webb: Voyeurism (Level 6 Felony)

Michael Shawn Robb: Theft (Level 6 Felony)

Jaci R. McQueen: Unlawful possession of syringe (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Operating a motor vehicle without ever receiving a license (Class C misdemeanor)

COA overturns summary judgment in contract dispute

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Olivia Covingtonfor www.theindianalawyer.com

In the second appeal stemming from a cancelled contract between Lake County and a delinquent tax collector, the Indiana Court of Appeals has reversed a grant of summary judgment in favor of the county based on its precedent from a previous 2015 decision.

From 2000 to 2006, U.S. Research Consultants, Inc. had a contract with Lake County in which the county would assign all of its real property tax collections cases to USRC, which would collect delinquent payments. Pursuant to the contract, USRC could receive a 20 percent commission for taxes collected from cases begun before June 4, 2003 and 15 percent after that date.

To start the collection process, the county would send discs to USRC with information about property taxes that were delinquent for less than or more than one yea. The treasurer instructed USRC to collect only those taxes that were delinquent for more than one year.

The county terminated the contract in November 2006 and subsequently paid requested commissions out to USRC. However, USRC filed a breach of contract claim in May 2008, alleging the county owed more than $200,000 in unpaid commissions.

After a series of motions, the Lake Superior Court granted summary judgment to USRC on the basis that it was required to collect all delinquent monies, not just those that were delinquent for more than one year. The Indiana Court of Appeals, however, overturned the grant of summary judgment on that issue and remanded for the entry of summary judgment in favor of the county on the issue of interpretation of the phrase “delinquent monies” in the contract. The appellant court determined that phrase referred to just those taxes that were delinquent for more than one year, pursuant to the treasurer’s instructions.

The trial court was also instructed in a 2015 appellate opinion to conduct further proceedings on whether USRC was owed any unpaid commissions of taxes that were delinquent by more than one year. After the parties filed subsequent cross-motions for summary judgment, the trial court ruled in favor of the county on the basis of the appellate court’s 2015 ruling, prompting the instant appeal in U.S. Research Consultants, Inc. v. The County of Lake, Indiana, et al., 45A05-1704-CC-902.

The appellate court once again overturned the trial court’s grant of summary judgment in a Monday opinion in the case, with Judge Terry Crone writing first that the original appellate panel made no determination as to when USRC had to file its claims for commissions. Thus, the 2015 opinion did not require the company to prove that it filed its commission claims within a specified time frame, as the county asserted, Crone said.

Further, billing was not an essential element of USRC’s responsibilities to the contract, so it was not required to “expeditiously” bill for commission as it was to complete its contractual duties, Crone said. Thus, the county was not entitled to summary judgment on that basis, either.

The case was remanded for further proceedings to determine whether USRC is owed any unpaid commissions. Further, if USRC can prove it is entitled to certain commission, then an award of prejudgment interest would also be appropriate, Crone said.

Adopt A Pet

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Meowth is a 1-year-old male buff tabby. He’s a friendly, funny guy who gets along great with other cats. He is up for adoption at River Kitty Cat Café! His adoption fee is $15 and includes his neuter, first vaccines & deworming, and registered microchip. Contact Vanderburgh Humane at (812) 426-2563 or vhslifesaver.org for details!

Rock legends REO SPEEDWAGON and STYX

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Rock legends REO SPEEDWAGON and STYX,
along with very special guest star DON FELDER—formerly of the Eagles—

FORD CENTER | MARCH 21, 2018 – 7:00 PM

March 21st will have a trifecta of Rock Legends at Ford Center. Pepper Entertainment welcomes REO SPEEDWAGON & STYX with very special guest star DON FELDER (formerly of the Eagles) tickets will go on sale Friday, December 15th at 10 AM. Tickets are $26-$109.

Formed in 1967, signed in 1971, and fronted by iconic vocalist Kevin Cronin since 1972, REO Speedwagon’s unrelenting drive, as well as non-stop touring and recording jump-started the burgeoning rock movement in the Midwest. Platinum albums and radio staples soon followed, setting the stage for the release of the band’s explosive Hi Infidelity in 1980, which contained the massive hit singles “Keep On Loving You,” and “Take It On the Run.” That landmark album spent 15 weeks in the No. 1 slot and has since earned the RIAA’s coveted 10X Diamond Award for surpassing sales of 10 million units in the United States.

Today, REO Speedwagon has sold 40 million albums around the globe, and Cronin and bandmates Bruce Hall (bass), Neal Doughty (keyboards), Dave Amato (guitar), and Bryan Hitt (drums) are still electrifying audiences worldwide in concert with hits and fan-favorites such as “In Your Letter,” “Can’t Fight This Feeling,” “Time For Me To Fly,” “Roll With The Changes,” the aforementioned “Keep On Loving You” and “Take It On the Run,” and many, many more.

The multi-Platinum rockers STYX would eventually transform into the virtual arena rock prototype by the late ’70s and early ’80s, due to a fondness for big rockers and soaring power ballads. Over the course of their 40-year career they’ve released 15 studio albums, six best-of compilations and four live albums, garnering eight Top Ten singles. STYX has sold over 30 million albums worldwide. Throughout their illustrious career, they’ve performed more live shows since 1999 than all of the previous years of its career combined. Two Super-Bowl appearances, Pollstar box office chart-topping tours with Def Leppard, Journey, Boston, and Bad Company (to name only a few), two more studio albums. September 2, 2016 marked the long-awaited release date of STYX: LIVE AT THE ORLEANS ARENA LAS VEGAS on DVD, Blu-ray and Digital Formats via Eagle Rock Entertainment. It captures the band performing in July 2014 such fan favorites as: “Too Much Time On My Hands.” “Fooling Yourself (The Angry Young Man),” “Renegade,” and more. It also includes a special surprise visit from DON FELDER for a rousing performance of “Blue Collar Man (Long Nights).” It was released on CD July 24, 2015. STYX continues to conquer the planet, one venue at a time.

After 14 years, STYX’s sonically sweet 16th studio album and its most ambitious, most challenging, and most rewarding album to date, THE MISSION, was finally released June 16, 2017 on the band’s label, Alpha Dog 2T/UMe. It debuted on various Billboard charts, including: #6 Top Rock Albums, #11 Physical Albums, #11 Vinyl Albums, #13 Current Albums, #14 Billboard Top Albums, #16 Retail, #17 Mass Merch/Non-Traditional, #29 Digital Albums, and #45 Billboard 200 (includes catalog and streaming).

DON FELDER – formerly of the Eagles, New York Times best-selling author and four-time Grammy® Award winner— released his second solo album (and first since 1983), ROAD TO FOREVER, on October 9, 2012 and has been on tour throughout the U.S. ever since. To coincide with the launch of “The Soundtrack of Summer,” the album was re- released with four additional songs, ROAD TO FOREVER: EXTENDED EDITION. FELDER’s ROAD TO FOREVER originally debuted on Billboard’s “Heatseekers” chart at #27. “Girls In Black,” the album’s first single, reached the Top 30 on the Mediabase Rock chart while the second single, “Wash Away,” co-written by FELDER and Styx’s Tommy Shaw and featuring Shaw’s signature vocal sound, quickly jumped to #4 on the Mediabase Classic Rock chart. FELDER wrote or co-wrote all the songs and performs guitar and lead vocals on the album, which boasts a long list of iconic guest performers including: David Crosby, Graham Nash, Stephen Stills, Steve Lukather, David Paich and Steve Porcaro of Toto, Randy Jackson, Styx’s Tommy Shaw and others. It was produced by FELDER along with Robin DiMaggio (Posse 2.0 bandleader on the “Arsenio Hall Show,” United Nations’ Musical Director).

Tickets can be purchased at Ford Center Ticket Office, Ticketmaster.com or by phone 800.745.3000 Ford Center is managed by VenuWorks of Evansville, LLC. For more information on Ford Center visit:

www.thefordcenter.com www.facebook.com/fordcenterevansville www.twitter.com/thefordcenter.

Noe earns second-straight MVC Newcomer of the Week honor

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  Award is graduate’s third of the season after averaging 20 points per game this past week

For the second-straight week, University of Evansville women’s basketball graduate guard Hannah Noe has been named Missouri Valley Conference Newcomer of the Week, it was announced in a release by the conference office on Monday.

Noe poured in a team-high 23 points on Tuesday night in a 100-62 loss at No. 20 Kentucky. In the road matchup, Noe tied a season-high with six three-pointers, adding a rebound and a pair of assists in 35 minutes.

Back inside Meeks Family Fieldhouse on Sunday, Noe continued her impressive start with a team-best 17 points in 34 minutes of the Aces’ narrow 82-75 loss to Morehead State.

On the season, Noe leads the MVC in scoring average (18.6), three-pointers made per game (3.75), three-point attempts (70), and total three-pointers made (30). Noe ranks seventh nationally in three-pointers made per game and 23rd in total three-pointers made.

The honor is the second-straight for Noe and third overall for the graduate guard who earned MVC Player and Newcomer of the Week honors on November 13.

Evansville concludes a two-game homestand on Thursday at 7 p.m. when the Aces host Oakland City inside Meeks Family Fieldhouse.

Dru Smith named MVC Player of the Week

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Smith averaged 21 points in two UE wins

In a week where he set his career scoring mark, University of Evansville sophomore Dru Smith has been named the Missouri Valley Conference Player of the Week on Monday.

The Evansville native had a great week in leading UE to a pair of wins.  The guard finished with 21 points per game, 4 rebounds and had 13 assists against just three turnovers.  Smith also went 10-of-14 from the field (71.4%) while hitting 8 out of 9 free throws and 4 out of 8 tries from long range.

In Monday’s win at Bowling Green, Smith set his career mark with 25 points.  He hit 11 out of 13 attempts while notching 7 assists, 5 rebounds and 4 steals.

Smith led all players once again in the victory over Canisius, scoring 17 points while dishing out six assists.  He went 8/9 from the line in the win.

This weekend, Smith and his teammates will be at the Ford Center for a pair of games, taking on Austin Peay on Saturday and Midway on Sunday.  Both games tip off at 3 p.m.

Gov. Holcomb Public Schedule for December 12 and December 13

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Below find Indiana Governor Eric J. Holcomb’s public schedule for December 12 and December 13, 2017.

Tuesday, December 12, 2017: Indiana Economic Development Corporation Board Meeting

WHO:              Gov. Holcomb

WHAT:            Gov. Holcomb will chair the 4th Quarter meeting.

WHEN:            3:30 p.m., Tuesday, Dec. 12

WHERE:          The Center

6320 Intech Way

Indianapolis, IN 46278

Wednesday, December 13, 2017: 26th Annual BGD Legislative Conference, Presented in Conjunction with INGroup

WHO:              Gov. Holcomb

WHAT:            Gov. Holcomb will give remarks.

WHEN:            Governor’s remarks at 9 a.m., Wednesday, Dec. 13

WHERE:          Indiana Convention Center

100 S. Capitol Ave.

Indianapolis, IN 46204

Sagamore Ballroom 3

Wednesday, December 13, 2017: National Association of Women Business Owners Indianapolis (NAWBO-Indy) Luncheon

WHO:              Gov. Holcomb

WHAT:            Gov. Holcomb will give remarks.

WHEN:            11 a.m., Wednesday, Dec. 13

WHERE:          JW Marriott

10 S. West St.

Indianapolis, IN 46204

White River Ballroom, First Floor

 

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