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JACKSON KELLY PLLC “PUBLIC LAW MONITOR”

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JACKSON KELLY PLLC “PUBLIC LAW MONITOR”

BY Joshua Claybourn who is Counsel in Jackson Kelly’s Evansville Office.

Injunction Issued For New Overtime Rules

A federal judge issued a nationwide injunction blocking a sweeping Department of Labor (“DOL”) regulation set to qualify millions more Americans for overtime pay beginning December 1. The rule would require employers to start paying overtime to certain “white collar” workers earning salaries of less than $47,476 a year—a threshold many say is too big a jump from the current $23,660 last updated in 2004. Judge Mazzant in the order said the challengers had made a sufficient case “that the Department’s salary level under the Final Rule and the automatic updating mechanism are without statutory authority.”

Even without court action, the fate of the rule was far from certain because it also faces a possible strong challenge from Donald Trump, who has vowed to roll back business regulations. DOL may appeal the ruling, but the next administration may instruct DOL not to continue defending the suit.

Notably, twenty-one states who were included as plaintiffs also asked the Texas district court to overturn Garcia v. San Antonio Metropolitan Transit Authority (1985), where the U.S. Supreme Court held that the Fair Labor Standards Act applies to the states. The district court noted only the Supreme Court may overturn its precedent, but it also indicated the states made a persuasive argument against Garcia which could later be heard by the Supreme Court.

Indianapolis Tries To Claw Back $380,675 In Incentives

Indianapolis Mayor Joe Hogsett has begun the process of clawing back $380,675 in tax incentives granted to Rexnord Corp. as the firm prepares to fold its local operations and move the work to Mexico. Rexnord had claimed the incentives under a 2009 agreement which provided a five-year personal property tax abatement. Although Rexnord retained its workforce for five years after its agreement with the city, the memorandum of understanding “stipulates that the city can monitor Rexnord for compliance during the five-year period of tax abatement and for two years afterwards,” said Taylor Schaffer, a spokeswoman for Hogsett. Click here for more from the Indianapolis Star.

Man Sues After Losing Election To Dead Candidate

A Democrat who ran for the Allen County Council is challenging the results because one of the three contested seats went to a candidate who died shortly before the election. Palermo Galindo says Republican Roy Buskirk should never have been certified as one of the three winners because he died of cancer on Nov. 4, four days before the election. Galindo filed a lawsuit Tuesday against the Allen County Election Board. Galindo was the fourth top vote-getter in the election and his attorneys argue one of the three contested seats should be his because Republicans did not fill the ballot vacancy created by Buskirk’s death.

ACLU Sues Franklin Township Schools Over Christian Prayer

A man represented by the American Civil Liberties Union of Indiana has filed a lawsuit challenging the Franklin Township School Board’s alleged policy of opening meetings with exclusively Christian prayers. The suit filed Tuesday on behalf of Duane Nickell before Judge Tanya Walton Pratt in U.S. District Court for the Southern District of Indiana seeks an injunction and a declaration that the practice violates the First Amendment of the U.S. Constitution. The complaint alleges that prayers are given by school board members and are “invariably Christian with the School Board member-officiant referring to Jesus or Christ.

FOOTNOTE: Joshua Claybourn is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here.

Indiana State Police Will Be Conducting Sobriety Checkpoint This Weekend In Warrick County

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Indiana State Police Will Be Conducting Sobriety Checkpoint This Weekend In Warrick County

Indiana State Police will be conducting a sobriety checkpoint this upcoming weekend. The exact location, date and time will not be released.  Motorists that are not impaired can expect only short delays of 2-3 minutes while passing through the checkpoint.

Troopers encourage all motorists to call 911 or the closest Indiana State Police Post when they observe another motorist that may be impaired.  Be prepared to give a description of the vehicle, location and direction of travel.

The Indiana State Police are committed to traffic safety and will continue to conduct saturation patrols and sobriety checkpoints to apprehend impaired drivers and to deter others from drinking and driving.

Sen. Becker Begins New Term, Kicks Off 2017 Budget Session

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Sen. Becker Begins New Term, Kicks Off 2017 Budget Session

State Sen. Vaneta Becker (R-Evansville) gathered with fellow legislators today at the Statehouse for Organization Day — the ceremonial start of the 120th Indiana General Assembly. Becker took the oath of office, officially beginning a new term as the State Senator representing District 50.

Indiana Supreme Court Chief Justice Loretta Rush led the swearing-in ceremony.

Organization Day is marked by the swearing in of new and re-elected General Assembly members as well as the annual first roll call of all state lawmakers. This day also provides each Senate and House of Representatives caucus with the opportunity to organize before session officially reconvenes on Jan. 3.

The 2017 session is a budget year, meaning lawmakers will craft a comprehensive plan to fund state government services for the next two years. By law, the 2017 legislative session must be completed no later than April 29.

“In the upcoming months, I will continue to advocate for economic growth policies that make Indiana a great place to live, work and raise a family,” Becker said. “As the General Assembly crafts the state’s two-year budget, Hoosiers can be assured that I will keep Indiana’s schools and infrastructure a top priority.”

As the 2017 session gets under way, Becker encourages residents of Senate District 50 to contact her with any questions or comments they may have. Becker can be reached via email at Senator.Becker@iga.in.gov or by phone at 1-800-382-9467.

 

  Dr. Bucshon’s Statement on Passage of 21st Century Cures

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(WASHINGTON, D.C.) –On Wednesday, the House passed a landmark medical innovation package – 21st Century Cures – to accelerate the discovery, development, and delivery of new cures and treatments. It also provides new funding for the National Institutes of Health and the Food and Drug Administration. The legislative package includes comprehensive reforms to our nation’s mental health treatment system as well as funding to combat the opioid abuse epidemic.

Eighth District Congressman Larry Bucshon’s bill to reduce fraud in the Medicaid program (H.R. 3716) is included to help fully fund the $6.3 billion package without adding to the deficit.

“As a physician who has cared for patients and relied on medical innovation, I can say without a doubt that 21st Century Cures will save lives and give families hope for the future,” said Bucshon.“Nearly 10,000 diseases, like ALS and Alzheimer’s, are still without a cure. This legislative package will incentivize the development and discovery of new treatments and improve the delivery of care to patients who so badly need it. It also implements our previous legislative work to reform how mental health is treated and expands on our efforts to address the opioid abuse epidemic. I’m proud to have been a part of this historic process and pleased the savings in my legislation to rid Medicaid of fraudulent providers is helping to fund this much-needed investment in the discovery, development, and delivery of life-saving cures and treatments.”

BACKGROUND:

 Cutting-Edge Cures: from Discovery to Treatment:

The 21st Century Cures Act, an innovation game-changer that includes significant investments, $5.3 billion in total, to accelerate the discovery, development, and delivery of cutting-edge, life-saving cures and treatments.

The National Institutes of Health (NIH):

21st Century Cures catalyzes cutting-edge research at NIH and helps ensure our health system can keep pace with new advances in science and technology by advancing precision medicine, supporting young and emerging scientists, facilitating collaborative research, promoting pediatric research, and other innovative solutions.  It also invests:

$1.4 billion for the Precision Medicine Initiative to drive research into the genetic, lifestyle and environmental variations of disease.

$1.8 billion for the “Cancer Moonshot” to speed up the research and development of cancer cures.

$1.6 billion for the BRAIN initiative to improve our understanding, diagnosis, and treatment of diseases like Alzheimer’s.

The Food and Drug Administration (FDA):

 21st Century Cures makes significant reforms to the FDA that will modernize clinical trials and evidence development, bring the FDA into the 21st century, improve the medical device review process, reduce unnecessary regulation, and empower patients to participate in research and development to help expedite the development and review of new life-saving treatments.  It also directs $500 million in additional funding to the FDA to accomplish these goals.

Landmark Mental Health Reforms:

 The 21st Century Cures package includes landmark reforms to the nation’s mental health treatment system that passed the House in July.  The reforms, introduced in H.R. 2646, the Helping Families in Mental Health Crisis Act, help ensure mental and substance use disorder prevention, treatment, and recovery programs keep pace with science and technology so that patients with mental illness have access to the treatment they need when they need it.

Combating Opioid Abuse Disorder:

Earlier this year, Congress passed and the President signed into law comprehensive legislation to address the opioid abuse epidemic impacting communities across the country.  21st Century Cures builds on that success by including $1 billion in state grants to fight opioid abuse.

Fully funded:

The investments made by 21st Century Cures are fully funded in part due to savings incurred by legislation introduced by Congressman Bucshon. Bucshon’s bill, H.R. 3716 the Ensuring Access to Quality Medicaid Providers Act, strengthens the Medicaid program and saves taxpayer dollars by ridding the program of bad actors. Specifically, the bill ensures that providers terminated from Medicare or a state Medicaid program for reasons of fraud, integrity, or quality, are terminated from all other state Medicaid programs.

Hot Jobs in Evansville

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Senior Helpers-Evansville, In - Evansville, IN
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We have a caregiver position open that requires a skilled caregiver. The duties included would be sit to stand transfer, catheter experience, personal hygiene
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Clerical Worker, Front Desk, Receptionist. Ability to handle all incoming calls, take messages, set appointments….
The Children’s Museum of Evansville - Evansville, IN
Respond to incoming calls and follow up on reservation requests, confirming arrangements by telephone, email or mail….
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Holiday Health Care  4 reviews - Evansville, IN
Horizon’s Homecare is seeking a Community Relations coordinator to join their award winning team! Horizon’s Homecare is a member of Holiday Home Health Care,
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Duties will includeanswering a multiline phone, scheduling appointments, greeting and checkingclients in and out, taking payments, and other administrative…
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Deaconess Health System  18 reviews - Evansville, IN
The office assistant is responsible for assisting in the daily operation of Deaconess Children’s Enrichment Center by answering phone calls, ordering supplies,…
The Heart Hospital at Deaconess Gateway - Nov 29
Berry Plastics Corporation  470 reviews - Evansville, IN
Organizational Development or related field. Phones, coordinating meetings, etc.).Assist in. Pursuing Bachelor’s degree in Human Resources,….
The Children’s Museum of Evansville - Evansville, IN
Valid Drivers License. Responsible for providing all front of house functions, (ticket and merchandise sales, restocking, information to guests, etc.),…
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DPatrick - Evansville, IN
Valid Drivers License. Required license or certification:. Cleans interior of vehicle and truck by using vacuum cleaner and cleaning agents….
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OneMain  638 reviews - Evansville, IN
Processing calls from internal and external customers. The successful candidate will respond to a variety of telephone inquiries on a variety of issues using…
Deaconess Health System  18 reviews - Evansville, IN
Inquiries via correspondence, electronic mail, or telephone are to be worked within three business days. Responsible for accurately posting of checks, EFTs,…
The Heart Hospital at Deaconess Gateway - Nov 29
GENE B. GLICK COMPANY  11 reviews - Evansville, IN
Must have and maintain a valid Driver’s License in the state of residence. Required license or certification:. Valid Driver’s License….
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TJ Maxx  1,598 reviews - Evansville, IN
To ensure your resume can be seen by any TJX Recruiter for other possible job opportunities, please select the first option, “Any Company Recruiter Worldwide”…
The TJX Companies, Inc. - Nov 29
Lowe’s Inc.  14,460 reviews - Evansville, IN
Working knowledge of basic tools needed for the job (e.g., drills, grinders, reciprocating saw, circular saw, hand tools….
Lowe’s - Nov 29
Crescent Plastics, Inc. - Evansville, IN
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O’Reilly Auto Parts  1,816 reviews - Newburgh, IN
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Easterseals Rehabilitation Center - Evansville, IN
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Compass Group  1,310 reviews - Evansville, IN
Interacts with coworkers to ensure compliance with company service standards, inventory and cash control procedures….
Compass Group USA - Nov 29
Thorntons Inc.  9 reviews - Henderson, KY
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Casey’s General Store  1,037 reviews - Newburgh, IN
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Raben Tire and Auto Service - Newburgh, IN
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Audubon Chyrsler Center - Evansville, IN
Full Time Sales Representative positions at Audubon Chrysler Center offer full benefits and the best pay plan around. New shorter hours and optional Sundays
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HealthSouth  268 reviews - Evansville, IN
100077 Qualifications License or Certification:. The Environmental Services Aide maintains a clean, sanitary, and safe environment in all areas of the Hospital…
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Big Lots!  2,478 reviews - Henderson, KY
Previous experience operating a cash register preferred. Performs general store operations duties as directed, including cashiering, truck unloading, stocking…
Rent-A-Center  2,023 reviews - Evansville, IN
Valid state driver’s license and good driving record. Complete customer service calls in a timely manner as assigned….
Easterseals Rehabilitation Center - Evansville, IN
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Ramirez and Sass honored by NSCAA

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EVANSVILLE, Ind. – University of Southern Indiana Men’s Soccer freshman forward Eric Ramirez (Vincennes, Indiana) and senior defender Michael Sass (New Palestine, Indiana) were honored with National Soccer Coaches Association of America (NSCAA) Division II All-Midwest Region honors. The All-Region awards were the second of the year for Ramirez and Sass.
Ramirez earned NSCAA first-team honors as a forward after pacing the Screaming Eagles with a team-high 21 points on 10 goals and one assist. The 10 goals were the most ever by a USI freshman. The freshman forward also was named second-team All-Midwest Region by the Conference Commissioners Association (CCA) and the Division II Sports Information Directors (D2SIDA) after being named the GLVC Freshman of the Year and first-team All-GLVC.

Sass was named NSCAA second-team as a defender after helping anchor the backline of the USI defense that allowed just over a goal per game, while tallying four points on one goal and two assists. Sass also was named CCA/D2SIDA second-team All-Midwest Region and second-team All-GLVC this season.

The Eagles are coming off a season in which they reached the NCAA Division II Tournament for the first time since 1982 before falling to Rockhurst University in the second round and concluding the year 13-4-4. The 13 wins are the most since 2002 and tied for fourth all-time in the history of the program.

VANDERBURGH COUNTY FELONY CHARGES

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

Roxanne Jo Sanders Theft, Level 6 felony

Sherrod Jake Watt Domestic battery, Level 5 felony

Domestic battery resulting in serious bodily injury, Level 5 felony

Interference with the reporting of a crime, Class A misdemeanor

Conversion, Class A misdemeanor

Criminal mischief, Class B misdemeanor

Claiming Crown: Ky. Downs winners Cammack, Daddy’s Boo head strong Kentucky contingent

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Kentucky will be well-represented among the 118 horses entered in Saturday’s nine Claiming Crown races at Gulfstream Park, including the impressive winners of Kentucky Downs’ pair of $75,000 automatic-qualifier preps in Cammack and Daddy’s Boo.

The $1.1 million Claiming Crown serves as a Breeders’ Cup-style championship for claiming horses — the backbone of American racing. The Claiming Crown is a partnership between the National Horsemen’s Benevolent & Protective Association, whose affiliates include the Kentucky HBPA that represents owners and trainers at the commonwealth’s five thoroughbred tracks, and the Thoroughbred Owners & Breeders Association to give these important blue-collar horses and their owners and trainers their own special day in the sport’s limelight.

Team Block’s Cammack, who drew post 13 in the $125,000 Claiming Crown Emerald at 1 1/16 miles on turf, won six straight races this year, capped by taking the Claiming Crown Emerald Stakes Prep At Kentucky Downs, which was a starter-allowance race carrying a $75,000 purse for horses that competed for a claiming price of $25,000 or less in 2015-16.

Cammack, trained by Kentucky Downs regular Chris Block, had been off 16 months with an injury when he resumed racing this winter, his victory streak starting in his second race back and encompassing Arlington Park’s Black Tie Affair Handicap for Illinois-breds. The streak ended with a good fourth in an open allowance race at Keeneland in Cammack’s last start.

“He made a good run at them turning for home into the stretch and just got outrun the last eighth of a mile in what I thought was a top performance for him,” Block said. “I think he held his form; he just got beat by better horses. Hopefully that race will serve him well Saturday.

“The post is not one I would have hoped for. But I have a lot of confidence in Julien Leparoux and a lot of confidence in the horse.”

Patricia’s Hope LLC’s Daddy’s Boo likewise will be among the favorites in the $125,000 Claiming Crown Tiara, a race with the same conditions as the Emerald but for fillies and mares. The Larry Rivelli-trained Daddy’s Boo won the Claiming Crown Tiara Prep At Kentucky Downs by 5 1/2 lengths, followed by an allowance victory at Indiana Grand and a starter-allowance at Churchill Downs. She drew post 12 as she seeks her fourth straight win and sixth in her past seven starts, the lone defeat coming in a second-level allowance race at Saratoga.

Kentucky Downs and Laurel Park were awarded automatic qualifying races for the Claiming Crown, assuring that their winners would get in their respective race  — no small perk with the event’s large fields. The winners also had their nomination fee paid and received a travel stipend.

“We couldn’t have asked for better horses to carry the Kentucky Downs banner into the Claiming Crown,” said Ted Nicholson, Kentucky Downs senior vice president and general manager. “Both were most impressive, Daddy’s Boo with her dominance and Cammack fending off multiple challengers to prevail by a head. The Kentucky Downs races were ideal stepping stones, as they faced large fields like they will Saturday. We look forward to big performances from them and other Kentucky horses at Gulfstream Park.”

Owners Ken and Sarah Ramsey of Nicholasville, Ky., and Louisville-based trainer Mike Maker come well-stocked as they seek to break their record 14 Claiming Crown victories to cap a big season in which the Ramseys swept the owners titles at Kentucky Downs, Keeneland, Churchill Downs and Turfway Park’s winter meet, while Maker won titles at Kentucky Downs, Keeneland’s spring meet, Churchill Downs’ fall meet and Turfway’s winter meet.

Maker is running nine horses in the Claiming Crown, with six owned by the Ramseys.

Maker could have the favorite in the $200,000 Jewel, for horses that competed for a $35,000 claiming price or cheaper in 2015-16. Three Diamond Farm’s Bigger Picture, claimed at Aqueduct for $32,000 13 months ago, has won four of seven turf starts for Maker and now makes a return to dirt. After finishing a very close fourth in Kentucky Downs’ Old Friends Stakes, Bigger Picture lost Keeneland’s Grade 3 Sycamore by a nose before taking Aqueduct’s Grade 3 Red Smith. Maker also is running the Ramseys’ Homespun Hero, who narrowly lost a Churchill Downs allowance race to the highly regarded Unbridled Outlaw in his last start.

Maker and Ramsey also team with the stakes-winning Keystoneforvictory in the Emerald, with Littlemissperfect in the $110,000 Glass Slipper, Partly Mocha and Creaky Cricket in the $110,000 Canterbury, and Great Lou in the $110,000 Express.

Maker also will saddle Be Playful, supplemented into the Tiara for $3,000 after being claimed for $40,000 at Churchill Downs in her last start by Louisville owners Rollin Fishback and Pat Logsdon, and Arella Princess in the Glass Slipper.

Joe Sharp, a former Maker assistant, has two Claiming Crown entrants. American Sailor won a $15,000 claiming race at Ellis Park and then captured Laurel’s prep for the Canterbury at five furlongs on turf, while Fire Mission runs in the $110,000 Rapid Transit at seven furlongs.

Trainer Buff Bradley, the owner in partnership with Carl Hurst of Louisville, sends out Canterbury contender Divine Warrior, an improving horse who was fifth in the Kentucky Downs Turf Sprint.

Matt Kordenbrock, who like Maker and Sharp is based at Churchill’s Trackside training facility, has Sharp Art (winner of a $50,000 claiming race at Churchill in his first start for the barn) in the Rapid Transit and Churchill allowance winner Laythatpistoldown in the Emerald.

Louisville’s Rob O’ Connor has Ellis Park allowance winner Flashy Chelsey back in the Emerald, hoping for a better outcome than last year’s eighth when the race was taken off the grass. Flashy Chelsey, owned by O’ Connor’s brother-in-law Bruce McCrea, was seventh in a trouble-filled trip in the Kentucky Downs’ Emerald prep, losing by a total of 3 1/2 lengths.

Kentucky mainstay Eddie Kenneally, as owner and trainer, supplemented Flashy Jewel into the Rapid Transit for $2,500 after claiming the gelding for $25,000 at Churchill in his last start, a race he won by 5 3/4 lengths.

“When they started the Claiming Crown, the first thing I thought of was ‘What a great idea,’” Block said. “Those are your every-day, hard-knocking horses that make up the racing programs around the country, and those horses never get the attention they probably deserve. When you look at the Breeders’ Cup and start handicapping, you think, ‘Wow look at all these great horses from across the country that come in for this one day.’ I liken the Claiming Crown to that.

“Look at all these horses that maybe started off at a higher level, maybe worked their way down a little bit and now have bounced back and found a level that they’re very competitive at. Or you have horses that are modestly bred or sold cheap at the sales, that started out down low and built their resume up to where it is today. They’re all going to get their day in the sun at Gulfstream.”

8th Annual 911 Gives Hope Toy drive kicks off Friday morning

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The 8th annual 911 Gives Hope For the Holidays Toy Drive kicks off Friday morning at 6:00am at the Burkhardt Rd WalMart on Evansville’s east side. Police, Fire, and EMS workers will be on hand 24 hours a day through Sunday at 6:00pm to collect new, unwrapped toys. Monetary donations will also be accepted.
The donated toys will be delivered to area hospitals later this month. Thanks to the success of the previous toy drives, hospitals have been able to provide toys to hospitalized children all year long. We are looking forward to another amazing toy drive this year!

ILNEWS Indiana Supreme Court considers general contractor’s duty of care to subcontractors

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Olivia Covington for www.theindianalawyer.com

In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”

That phrase was used in the contract general contractor TCI Architects signed with its subcontractors when they were hired to work on a Lafayette Gander Mountain project. Specifically, TCI wrote that its duty was to assume “all responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work.” Further, the contract said TCI would “designate a safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work.”

That language came into play when Michael Ryan, an employee of one of TCI’s subcontractors who fell off of an eight-foot ladder while on the job. In the case of Michael Ryan v. TCI Architects/Engineers/Contractors, Inc., et al., 49A02-1508-CT-1198, Ryan claimed that TCI had a non-delegable duty of care to him, but both the trial court and a divided Indiana Court of Appeals found in favor of TCI.

In Ryan’s argument as to why the high court should grant transfer in his case, attorney John Daly focused on another section of the contract, which read that TCI “recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to … all individuals at the site, whether working or visiting.” The use of the word “all” in that language, as well as in other parts of the contract where TCI agreed to monitor and implement safety precautions, implies that TCI had assumed a duty of care for its subcontractors, Daly said.

Further, Daly told the justices there were three “magic ingredients” in the contract that, in other cases, had led courts to believe that a general contractor had a non-delegable duty of care to its subcontractors. First, the contractor included a provision requiring a safety representative. Second, the language called for TCI to assume responsibility for implementing safety precautions related to all work and, third, for the safety of everyone at the job site.

But Donald Orzeske, counsel for TCI, told the justices that Indiana law does not require a general contractor to assume any duty for its subcontractors, so any duty that is assumed is voluntary.

In this situation, Orzeske said each subcontractor was required to submit its own safety programs unique to the work it would be performing, and TCI’s job would be to help implement that plan. The phrase “monitor and implement” implies that someone else – in this case, the subcontractors – would take safety precautions unique to their work, and TCI’s job was to  help the subcontractors adhere to their individual safety plans, not to assume a safety duty over all of them.

Requiring TCI to constantly follow and monitor every subcontractor would be chaos, Orzeske said, which is why Indiana law does not force general contractors to assume a duty but instead allows them to assume as much duty as they deem necessary.

In a similar vein, Justice Robert Rucker pointed to a different part of the contract which provided that “TCI’s responsibility for safety … is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for … taking all necessary measures to implement and monitor all safety precautions.”

Rucker asked Daly how that language could fit into his argument that TCI had a non-delegable duty, but the attorney said it implied that there were overlapping duties shared between the general and subcontractors.

Robert Brown with the Indiana Trial Lawyers Association, who argued as amicus counsel for Ryan, told the justices that the case was unique because it involved a Design-Build Institute of America Contract. In those contracts, the design builder – here, TCI – acts as the designer, engineer and construction company on a single project and, thus, assumes a consolidated responsibility and duty, Brown said.

Ryan’s case is the first DBIA opinion from an appellate court, he said, so the Supreme Court’s decision would be the first in both Indiana and the United States.

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