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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. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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