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Penalties

By: Derek Hawkins//August 12, 2019//

Penalties

By: Derek Hawkins//August 12, 2019//

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7th Circuit Court of Appeals

Case Name: American Homeland Title Agency, Inc., et al. v. Stephen W. Robertson

Case No.: 18-3293

Officials: EASTERBROOK, SYKES, and BRENNAN, Circuit Judges.

Focus: Penalties

During a random audit, the Indiana Department of Insurance (“the Department”) discovered that American Homeland Title Agency had committed hundreds of regulatory violations. After several rounds of negotiation, American Homeland agreed to pay a fine and relinquish its licenses. But just a few months later, American Homeland sued the Department’s commissioner, Stephen Robertson, for allegedly discriminating against the company because of its out-of-state residency.

We need not reach the merits of that discrimination claim. In its agreement with the Department, American Homeland consented to the same penalties it now challenges. It hasn’t provided a valid reason to void that agreement, so judicial review is unavailable. We therefore affirm summary judgment in favor of Robertson.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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