Indiana Court of Appeals Decision Addresses Unreasonable Interference...
On February 5, 2020, the Indiana Court of Appeals handed down an opinion that will have landowners thinking twice before interfering with easement owners’ rights. In Duke Energy Indiana v. J & J...
View ArticleDe Facto Merger – New Nello Operating Co., LLC v. CompressAir
The Indiana Court of Appeals recently upheld the finding of a de facto merger in successor companies when allowing the enforcement of a judgment against the predecessor company. New Nello Operating...
View ArticleSupreme Court Holds Federal Employers to a Stricter Standard for Age...
On April 6, 2020, the Supreme Court of the United States answered the question as to whether 29 U.S.C. § 633a(a) of the Age Discrimination in Employment Act of 1967 imposes liability only when age is a...
View ArticleCourt of Appeals Concludes County’s Unwillingness to Provide Zoning...
On July 30, 2020, the Indiana Court of Appeals concluded that a county’s refusal to issue a document indicating that no rezoning or variance would be necessary for an applicant’s operation of a...
View ArticleIndiana Utility Law and Pipeline Safety – Indiana Utility Regulatory...
On August 5, 2020, the Indiana Utility Regulatory Commission (IURC) approved $1,110,000 in civil penalties for pipeline safety violations in 2018 for Northern Indiana Public Service Company, LLC...
View ArticleIndiana Utility Law – 2020 Report to the 21st Century Energy Policy...
Indiana Code §8-1-8.5-3.1(b) in 2019 ordered the Indiana Utility Regulatory Utility Commission (IURC) to conduct a study of statewide impacts of: Transitions in the fuel sources and other resources...
View ArticleElectric Cooperative Law – Mississippi Enforces Delta Electric Power...
Members of Delta Electric Power Association (“Delta”) filed a lawsuit alleging Delta was retaining excess revenues that it did not need to fund operations. Delta filed a motion to compel arbitration...
View ArticleGreat Lakes Technology Showcase Virtual Event
Parr Richey attorney, Aleasha J. Boling, will be a presenter at the Great Lakes Technology Showcase Virtual Event on Wednesday, October 21, 2020. Aleasha’s topic will be “Collecting on customer...
View ArticleIndiana Communications and Broadband Law – Class Action Case Against...
The District Court for the Southern District of Indiana published an order on November 18, 2020 remanding the Class Action lawsuit against Netflix, Disney, Hulu, DirectTV and Dish to Marion County...
View ArticleHarper v. Southern Pine Electric Cooperative – Electric Cooperative Law
On February 8, 2021, the Fifth Circuit Court of Appeals affirmed the Southern District of Mississippi’s dismissal of a plaintiffs’ complaint for failure to state a claim. Harper v. So. Pine Electric...
View ArticleClark County REMC v. Glenn Reis, et al
In a recently concluded case, Parr Richey attorneys representing Clark County REMC, a southern Indiana rural electric utility, were successful in persuading the Indiana Supreme Court to reverse earlier...
View ArticleIndiana Utility Law – Indiana Office of Utility Consumer Counselor v. Duke...
On March 10, 2022, the Indiana Supreme Court concluded that a utility cannot be reimbursed for a deferred asset, even if it is properly accounted for, without violating Ind. Code § 8-1-2-68 bar against...
View ArticleIndiana Utility Law – NIPSCO Industrial Group, and Office of the Utility...
On December 28, 2021, the Indiana Utility Regulatory Commission (“Commission”) approved a Transmission, Distribution and Storage System Improvement Charge (“TDSIC”) plan submitted by Northern Indiana...
View ArticleIndiana Utility Law – Ind. Office of Utility Consumer Counselor v. Southern...
On January 4, 2023, the Indiana Supreme Court affirmed the Indiana Utility Regulatory Commission’s (“IURC”) approval of Southern Indiana Gas & Electric Company’s (“Vectren”) new instantaneous...
View ArticleIndiana Utility Law – Bender Enterprises, LLC v. Duke Energy, LLC,...
On October 21, 2022, the Indiana Court of Appeals held that objections to condemnation proceedings must state specific facts that support the assertions raised by the objections, noting that the...
View ArticleInterception of Hospital’s Internal Radio Transmission of Patient Private...
On February 1, 2023, the Indiana Court of Appeals affirmed the grant of summary judgment for Community Hospital of Anderson and Madison County (the “Hospital”), holding that Rubendall’s claims for...
View ArticleCommunications Law – Consumers’ Research v. Federal Communications...
On March 24, 2023, the 5th Circuit Court of Appeals held that § 254 of the Telecommunications Act of 1996 (the “Act”) did not violate the nondelegation doctrine or the private nondelegation doctrine,...
View ArticleView of Lake Michigan is Sufficient to Oppose a Zoning Decision
Recently, the Indiana Court of Appeals decided whether a couple was truly aggrieved, which is a required condition to petition for judicial review of a zoning decision, when they lost their view of...
View ArticleRenewable Energy/PURPA Law – Solar Energy Industries Association v. FERC, No....
On February 14, 2023, the U.S. Court of Appeals for the District of Columbia Circuit upheld an order from the Federal Energy Regulatory Commission (“Commission”) granting Broadview Solar, LLC’s...
View ArticleIndiana Utility Law – Ind. Office of Utility Consumer Counselor v. Duke...
On February 21, 2023, the Indiana Court of Appeals reversed an Indiana Utility Regulatory Commission (“Commission”) order granting Duke Energy Indiana (“Duke”) recovery of costs pursuant to federal...
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