Robert Kuntz, et al. v. EVI LLC - 10/22/13

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Tuesday  October 22, 2013 
1:00 PM  EST

1 p.m. 02A03-1301-PL-14. Purdue University. Robert Kuntz owns Kunodu, Inc., which was in the business of selling, repairing, rebuilding, and/or refurbishing electric automobile motors on real property also owned by Kuntz through B-K Interests, LLC.  In 2006, Kuntz sold Kunodu’s assets to another business and both Kuntz and Kunodu entered into a covenant not to compete as part of the sale.  B-K Interests also entered into a lease agreement with the company for use of the real property.  In 2011, the original buyer sold the business assets to EVI, LLC, and also assigned the covenant not to compete and lease.  After negotiations to extend the lease of the property failed, EVI moved to a new location and continued its business.  In 2012, EVI filed a motion for preliminary injunction alleging Kuntz had been engaging in activities that are substantially similar to the activities engaged in by EVI, both personally and by allowing a similar business on the property.  After a hearing, the trial court entered an order enjoining Kuntz, Kunodu, and B-K Interests from any further violations of the covenant not to compete, extending the term of the covenant not to compete, and ordering them to pay EVI’s attorney fees.  Kuntz, Kunodu, and B-K Interests now appeal, arguing the trial court erred in granting the preliminary injunction because EVI has not shown a likelihood of success at trial, and further arguing the trial court erred in modifying the terms of the covenant not to compete and entering a judgment for attorney fees.

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  1. 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

  2. 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

  3. 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

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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