ILNews

Bad breakup leads to lawsuit between former associate, firm

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals ruled today on a case where a law firm sued its former associate who left, along with several other employees, to join a new firm.

In Kopka, Landau & Pinkus v. Larry Hansen, et al., No49A02-0611-CV-987, Hansen's previous employer, law firm Kopka Landau & Pinkus, appealed two trial court orders -summary judgment in favor of Hansen and judgment in favor of Hansen on the counterclaims against KLP.

Hansen worked as an associate attorney for KLP and was an at-will employee. In September 2000, Hansen quit along with four associates and three support staffers. All those who resigned joined Hansen at the law firm Skiles Hansen Cook & DeTrude, where Hansen became a partner.

KLP filed a complaint of eight counts against Hansen and his new law firm. After a hearing, the trial court granted summary judgment in favor of Hansen and SHCD on all eight counts. Hansen's two counterclaims against KLP - malicious prosecution and compensation and damages to Hansen pursuant to the Wage Payment Statute - were granted in Hansen's favor.

KLP appealed Count 1 of its complaint - breach of fiduciary duty by Hansen - and the judgment in Hansen's favor on his new law firm's claims.

KLP argued Hansen breached his fiduciary duty to KLP when he spoke to other employees about how much money it would take to have them join him at SHCD before leaving KLP. Although he expressed a desire to find positions for the KLP employees at his new firm, there is no evidence that Hansen made formal offers to any KLP employees or his actions constituted anything more than preparation to compete with KLP, so the Court of Appeals affirmed the summary judgment in Hansen's favor on Count 1 of KLP's complaint, wrote Chief Judge John Baker.

The Court of Appeals did reverse the trial court's decision to award damages and attorney fees pursuant to the Wage Payment Statute in Hansen's favor. The money he was owed was a bonus and he eventually received the payment from the firm. Despite the delay, his bonus does not fall under "wages" for purposes of the Wage Payment Statute and he is not entitled to up to double the unpaid wages and attorney fees for not receiving that bonus within a certain time period.

KLP did breach a contract with Hansen owing him the bonus money and Hansen argued that he is entitled to the prejudgment interest on those damages. The Court of Appeals remanded this matter back to the trial court for a calculation of the amount of prejudgment interest to which Hansen is entitled.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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