Narrative Opinion Summary
This case involves the Indiana Supreme Court's interpretation of state law concerning minimum loan finance charges as per Ind. Code 24-4.5-3-508. The certified question arose from the U.S. District Courts, focusing on whether these charges imposed by licensed supervised lenders are governed by Ind. Code 24-4.5-3-508(2) or Ind. Code 35-45-7-2. This legal issue is central to the consolidated cases, notably Livingston v. Fast Cash USA, Inc. and Wallace v. Advance America Cash Advance Centers of Indiana. The Court has ordered the consolidation of these cases for briefing, with strict guidelines on submission deadlines and word limits for main and response briefs. The plaintiffs and defendants are required to submit their main and response briefs by December 18, 2000, and January 12, 2001, respectively, adhering to the specified formatting. The Court has emphasized that extensions for these deadlines will only be granted under extraordinary circumstances. Additionally, the order mandates the publication of the text by West Publishing Company and requires the clerk to distribute copies to several judges and legal representatives involved in the case. Chief Justice Randall T. Shepard has signed the order, with the concurrence of all justices, ensuring comprehensive dissemination and adherence to procedural requirements.
Legal Issues Addressed
Interpretation of Minimum Loan Finance Charges under Indiana Codesubscribe to see similar legal issues
Application: The Indiana Supreme Court is tasked with determining whether minimum loan finance charges imposed by licensed supervised lenders are constrained by Ind. Code 24-4.5-3-508(2) or Ind. Code 35-45-7-2.
Reasoning: The Indiana Supreme Court has accepted a certified question from the U.S. District Courts regarding the interpretation of Indiana state law concerning minimum loan finance charges as defined in Ind. Code 24-4.5-3-508.
Judicial Publication and Communication Orderssubscribe to see similar legal issues
Application: The Court ordered West Publishing Company to publish the order and directed the clerk to distribute it to various judges and attorneys involved in the cases.
Reasoning: West Publishing Company is ordered to publish the specified order. The clerk must send copies of this order to various judges in the United States District Courts for both the Northern and Southern Districts of Indiana, including Judges Allen Sharp, Sarah Evans Barker, S. Hugh Dillin, Larry J. McKinney, John D. Tinder, David F. Hamilton, and Richard L. Young, along with several listed attorneys.
Procedural Requirements for Submission of Briefs in Consolidated Casessubscribe to see similar legal issues
Application: The Court consolidated multiple cases for briefing, requiring plaintiffs and defendants to submit main and response briefs with specific formatting and word count limitations.
Reasoning: The Court has ordered the consolidation of the cases for briefing. Plaintiffs and defendants will each submit one main brief and one response brief, with specific formatting requirements.