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Court reverses summary judgment in mixed martial arts TV suit

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A dispute over idea misappropriation and civil conversion involving the origin of televised mixed martial arts through HDNET Fights was sent back to the trial court Friday. The Court of Appeals ruled that Marion Superior Court’s grant of partial summary judgment in favor of a sanctioning body that had suggested the development of a similar idea was in error.

Five years ago, the North American Boxing Council and cable and satellite channel HDNet exchanged a series of emails about the possible future development of weekly broadcasts of a mixed martial arts fight series. The parties didn’t enter into a contract, but the boxing council considered the information in the emails a protectable commercial idea.

The NABC sued in 2008 after HDNet owner Mark Cuban formed HDNet Fights. NABC alleged eight counts: idea misappropriation, unfair competition, breach of oral contract, breach of implied covenant of good faith and fair dealing, negligence, misappropriation of trade secrets, conversion of trade secrets and promissory estoppel.

Marion Superior Judge Thomas Carroll granted summary judgment to NABC on its claims of idea misappropriation and conversion of trade secrets, holding that the claims were not preempted by the Indiana Uniform Trade Secrets Act.

The appeals court ruled the trial court found in favor of a narrow reading of Indiana Code 24-2-3-1(b) that subverted legislative intent.

“NABC’s interpretation of the IUTSA would encourage piece meal litigation and would thus fail to implement the legislature’s intended goal of uniformity. Accordingly, we conclude that the trial court’s summary judgment order is erroneous as a matter of law,” Senior Judge Carr Darden wrote in reversing the court’s summary judgment for idea misappropriation.

Darden wrote on reversing the second finding of summary judgment that “NABC’s civil conversion allegation does not delineate a criminal act; it merely outlines another allegation of civil misappropriation of NABC’s ideas. Thus, the conversion action is not saved by the criminal law exception to the IUTSA’s preemption provision.”

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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