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Supreme Court justices hint they may limit consumer lawsuits

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www.theindianalawyer.com

A divided Supreme Court of the United States indicated it may put limits on consumer lawsuits, questioning arguments by a man seeking to sue over what he says is an error-riddled Internet profile.

Hearing arguments in Washington, members of the court’s conservative majority expressed doubt that the man had suffered the type of concrete injury necessary for federal courts to hear his claims against the company that assembled the online dossier.

“We have a legion of cases that say you have to have actual injury,” Chief Justice John Roberts said.

The court’s ruling next year will help determine when companies can be sued under more than a dozen federal statutes, including the credit-reporting law invoked by the man, Thomas Robins. The case may affect laws governing copyrights, real-estate settlements, employee benefits, disabilities and housing discrimination.

Internet businesses – including EBay Inc., Facebook Inc., and Google Inc. – and media companies led by Time Inc. are among those seeking limits on what they say is abusive litigation. Consumer, privacy and anti-discrimination advocates say the case could cut off longstanding avenues that let people vindicate their rights.

Married, wealthy

The case centers on Robins, a Virginia man who says the profile he found about six years ago inaccurately described him as being married and wealthy and as having a graduate degree and technical background.

The profile, created by the data broker Spokeo Inc., allegedly said Robins was in his 50s, more than double his actual age, and included a picture of someone else. Robins claimed the profile undercut his job search, though a trial judge concluded he wasn’t harmed.

Robins’ Supreme Court lawyer, William Consovoy, said those allegations are sufficient to permit a suit against Spokeo under the U.S. Fair Credit Reporting Act. Consovoy drew support from the court’s four Democratic appointees, including Justices Elena Kagan and Sonia Sotomayor.

‘Concrete injury’

“It seems like a concrete injury to me,” Kagan said. “If somebody did it to me, I’d feel harmed. And I think that if you went out on the street and you did a survey, most people would feel harmed.”

Sotomayor said inaccurate information about marital status in an online profile could harm a person’s romantic prospects.

“I know plenty of single people who look at whether someone who’s proposed to date is married or not,” she said. “So if you’re not married and there’s a report out there saying you are, that’s a potential injury.”

The outcome most likely will hinge on Justice Anthony Kennedy, who asked questions of both sides. Kennedy called one of Consovoy’s arguments “circular” and separately asked whether credit-reporting agencies might have “less latitude” than other entities to argue that a person wasn’t harmed.

The FCRA requires credit-reporting agencies to adopt “reasonable procedures” to ensure against inaccuracies and says victims can collect from $100 to $1,000 each.

At issue is a fundamental constitutional question: whether Congress can pass a law authorizing people to sue and win damages even if they haven’t suffered any concrete harm. Spokeo’s lawyer, Andrew Pincus, argued that the Constitution lets people sue in federal court only if they suffer “actual or imminent, tangible harm,” beyond the mere violation of a statute.

‘Vested interest’

Consovoy countered that a “legally vested interest, whether it’s created by Congress or created by the common law, is itself a concrete injury.”

Justice Samuel Alito asked whether there was any indication that anyone other than Robins had found his profile. When Consovoy said no, Alito asked, “then isn’t that quintessential speculative harm?”

Spokeo admits it made mistakes in its online profiles, which it compiled by scraping publicly available information from other sites. Even so, the company says those errors didn’t cause Robins any harm.

The company, based in Pasadena, California, no longer offers the types of profiles Robins discovered when he ran a search for himself six years ago.

The case is Spokeo v. Robins, 13-1339.

Thanksgiving Fest Planned For November 19 An Estimated 1600 Meals To Be Served 

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On Thursday, November 20th, an estimated 1,560 meals will be served throughout our 22 meal sites and 16 home delivered routes. The Ivy Cafe, located within SWIRCA & More’s Activity Center will serve nearly 400 of those meals.

SWIRCA’s Thanksgiving meal began in 1988 with the goal of providing seniors with a holiday meal that they would not otherwise receive.

The lunch includes roast turkey with gravy, homemade dressing, glazed sweet potatoes, seasoned green beans, cranberry salad, a dinner roll with butter, a slice of pumpkin pie with whipped cream and coffee or ice tea.

Preparation for this meal begins a week in advance. In order to cook for the masses, our kitchen uses:

  •          Over 50 turkeys
  •          160 gallons of dressing
  •          40 pounds of butter
  •          198 pumpkin pies
Meal tickets may be purchased in the Activity Center until Wednesday, November 4th. Tickets are $5 for any person age 60 and over or $7 for any person under the age of 60.

 

Seating is limited so please purchase your tickets early. For more information, call 464-7807.

SANDERS SHOE STORE

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Adopt A Pet

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 Princess Watermelon is a 2-year-old female gray & white cat! She’s waited for a home longer than ALL other cats in the building, probably because she does not like being picked up & snuggled. She’s an independent girl, and gets along with cats and dogs. Her $30 adoption fee includes her spay, microchip, vaccines, & more. Visit www.vhslifesaver.org or call (812) 426-2563 for adoption information!

 

Missouri State deals Aces 3-0 loss

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Genesis Miranda led the way with 14 kills as Missouri State dealt the University of Evansville volleyball team a 3-0 defeat on Monday night at the Carson Center.

 

Miranda made 41 attempts on the night and hit .220.  After notching a career-best over the weekend at Loyola, senior Gabriela Roman had seven more kills on Monday.  Lorena Marquez led UE (8-19, 2-11 MVC) with 19 assists while Kim Deprez posted 26 digs.

 

Lily Johnson had a match-high 21 kills for the Bears (16-9, 7-5 MVC) while Simone House finished the night with 11.

 

Evansville had the advantage in the first set, taking a 3-1 lead before seeing it grow to 11-6 on a Stephanie Cerino kill.  Missouri State quickly battled back and used a 6-1 run to tie it up at 12-12.  They took their first lead at 19-18, but the Aces battled back.  A Roman kill saw UE go up 22-20.  Following a time out, MSU battled back.  A Johnson tally set them on a 5-1 run to finish off the set and a 25-23 victory.

 

Their momentum carred into the second set, but the Aces battled hard early on.  Eight ties led to a 9-9 game as Mildrelis Rodriguez had a kill to tie it up.  A 3-0 Bear run gave them the lead for good as they would pull away for a 25-17 triumph and a 2-0 lead.

 

Johnson was the difference in the third frame, registering 10 kills to clinch the match with a 25-23 victory.  In the same fashion as the first game, the Aces put up a battle as a Roman kill saw Evansville go up 11-9.  After Missouri State took a 15-13 lead, UE rallied to go up by a 22-19 score on three MSU errors.  Just as she did all night, Johnson put MSU on her back, spurting a match-ending 5-1 run to clinch the match.

 

Saturday will see the Aces head back on the road to face Southern Illinois at 7 p.m.

 

UE Women’s Basketball Opens Preseason with 86-33 Win

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The University of Evansville women’s basketball team raced out to a first quarter double digit lead and kept adding to their advantage in a 86-33 exhibition victory over Eureka College. Four players scored in double figures on Monday night as the Purple Aces won their preseason opener.

 

“We want to be able to turn our defense into easy baskets and we did that tonight,” said Evansville women’s basketball head coach Oties Epps. His Aces’ team forced 38 turnovers and converted them into 37 points offensively.

 

UE struck early by tallying the first 15 points of the contest against Eureka, outpacing the Red Devils 25-5 in the opening quarter. Sophomore guard Kenyia Johnson led all players with six points early on as the Aces had eight players score in the first quarter.

 

Evansville continued to build on to their edge during the second quarter, extending the lead to 28 by halftime. The Aces shot 48.6% in the first half and limited Eureka to just 17.9% shooting before the intermission.

 

Ahead 45-17, UE’s defense didn’t waiver as the Aces held Eureka to just seven total points in the third quarter and 16 points overall in the final half.

 

Redshirt sophomore guard Aaliyah Gaines (13), junior guard Camary Williams (11), sophomore forward Peyton Langston (10) and Johnson each scored double figures in the victory.

 

When asked about the balanced scoring, Williams said, “Our practice and reviewing of transition plays really helped us share the ball.”

 

In total, 11 Purple Aces scored in the win.

 

Benning decides to leave USI

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University of Southern Indiana Men’s Basketball announced the decision by sophomore guard Brett Benning (Davis, Illinois) to leave the team and the University at the end of the fall semester. Benning averaged 2.7 points and 1.2 rebounds in 23 games as a freshman in 2014-15.

 

USI Head Coach Rodney Watson issued this statement: “Brett Benning has decided to transfer closer to home after he finishes this fall academic semester.  We support his decision to be closer to his family and wish him all the best.”

 

VANDERBURGH COUNTY FELONY CHARGES

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

 Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, Oct. 30, 2015.

Mark Alan Schoenbaechler Unlawful possession of a syringe, Level 6 felony

Possession of chemical reagents or precursors with intent to manufacture a controlled substance, Level 6 felony

Possession of paraphernalia, Class C misdemeanor

Kenneth Neal Bradburn Residential entry, Level 6 felony

Resisting law enforcement, Class A misdemeanor

Eric Weston Gray Domestic battery, Level 6 felony

Vanderburgh County Recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
 DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.