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Justices take certified questions

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The Indiana Supreme Court has accepted three certified questions stemming from a case in the Southern District of Indiana.

In Loparex LLC v. MPI Release Technologies LLC, et al., No. 1:09-CV-01411, Loparex sued its competitor and two former employees for trade secret misappropriation and related causes of action. The defendants counterclaimed, alleging Loparex violated an Indiana statute that prohibits blacklisting of employees.

Judge Jane Magnus-Stinson granted summary judgment for the defendants on all claims brought by Loparex. The remaining claims before the court are brought by defendants Gerald Kerber and Stephan Odders, former employees of Loparex, under Indiana’s anti-blacklisting statute, Indiana Code 22-5-3-2.

The judge sent three certified questions to the Supreme Court in September:

1)    Is Wabash Railroad Co. v. Young, 69 N.E. 1003 (Ind. 1904), still good law, such that individuals who voluntarily leave employment are precluded from pursuing a claim under I.C. 22-5-3-2?
2)    In an action brought under I.C. 22-5-3-2, are attorney fees incurred in defending an unsuccessful claim against a former employee or in prosecuting a claim by a former employee recoverable as compensatory damages?
3)    Is an unsuccessful suit to protect alleged trade secrets, within which a former employer seeks to preclude any competitive employment of a former employee by pursuing permanent injunctive relief and in settlement negotiations, a basis for recovery under I.C. 22-5-3-2?

In her order requesting certification, Magnus-Stinson wrote, “Several issues of unsettled state law will control the disposition of the remaining claims. One concerns the continuing precedential value of a century-old Indiana Supreme Court ruling. Another lacks any clear controlling Indiana precedent. The third seeks an extension of Indiana common law limiting the application of the anti-blacklisting statute.”

The justices accepted the certified questions in a Sept. 30 order. Briefs are due Oct. 27.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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