United States Seventh Circuit

In a suit seeking to prevent Indiana from enforcing its statute prohibiting the use of automatic dialing machines to send prerecorded messages, denial of Indiana's motion to dismiss pursuant to the Younger abstention doctrine is reversed where: 1) Indiana filed its complaint in state court before plaintiff filed its complaint in this case; 2) Indiana's state court complaint seeking to enforce the law implicated important state interests; 3) the Indiana courts offer an adequate opportunity for review of plaintiff's federal preemption and constitutional claims; and 4) plaintiff did not demonstrate the existence of any "exceptional circumstances" that would exempt this case from the principles of Younger.

Appellate Information

• Argued 04/03/2007
• Decided 09/12/2007
• Published 09/12/2007

Judges

• MANION, Circuit Judge., Before MANION, EVANS, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John R. Maley, Barnes & Thornburg, Indianapolis, IN, John F. Cooney (argued), Baker Sterchi Cowden & Rice, St. Louis, MO, for Plaintiff-Appellant., Mark A. Davis, Office of Attorney General, Raleigh, NC, Amicus Curiae.


• For Appellees:
  
• Thomas M. Fisher (argued), Steve Carter, Office of Attorney General, Indianapolis, IN, for Defendants-Appellees.