Opinions Dec. 3, 2019

Keywords Opinions

Indiana Supreme Court
Heraeus Medical, LLC, et al. v. Zimmer, Inc., et al.
19S-PL-471
Civil plenary. Vacates Section 1(e) of the Kosciusko Superior Court’s preliminary injunction order enjoining Robert Kolbe from recruiting Zimmer Inc. employees, as prohibited by a nonsolicitation covenant in Kolbe’s noncompetition agreement with Zimmer. Finds the Kolbe agreement’s unenforceable covenant not to solicit Zimmer employees cannot be reformed and that parties to noncompetition agreements cannot use a reformation clause to contract around Indiana’s blue pencil doctrine. Remands.

Indiana Court of Appeals
Gene Towns and Jackie Towns v. Josephine Long and Joseph Long and Tandra S. Johnson and Tandra S. Johnson, LLC (mem. dec.)
19A-DR-1047
Domestic relation. Affirms the Wells Circuit Court’s denial of Gene and Jackie Towns’ motion to disqualify Tandra Johnson and Tandra S. Johnson LLC as the attorney of Joseph Long, and the grant of Johnson’s motion for sanctions under Indiana Code § 34-52-1-1. Finds the denial was not clearly erroneous, nor was the grant of Johnson’s motion for sanctions. Declines to award damages to Johnson under Indiana Appellate Rule 66(E).

Randy James Dean v. State of Indiana (mem. dec.)
19A-CR-1371

Criminal. Affirms Randy Dean’s eight-year sentence for his conviction of Level 4 felony child molesting. Finds Dean’s character does not otherwise indicate he deserves a lesser sentence than what he received and, therefore, finds the sentence is not inappropriate.

Bradley A. Huke v. State of Indiana (mem. dec.)
19A-CR-704
Criminal. Affirms the Newton Superior Court’s denial of Bradley Huke’s motion to suppress. Finds the traffic stop was valid under the Fourth Amendment. Also finds the trial court did not err when it denied Huke’s motion to suppress the evidence uncovered during a pat-down.

Robert Abel v. State of Indiana (mem. dec.)
19A-CR-806
Criminal. Affirms Robert Abel’s five-year sentence for his conviction of Level 5 felony sexual misconduct with a minor. Finds the sentence is not inappropriate. Judge Riley dissents with a separate opinion.

In the Matter of the Termination of the Parent-Child Relationship of J.E.J.P. (Minor Child) and A.W. (Mother) & J.P. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1470
Juvenile termination of parental rights. Affirms the termination of mother A.W. and father J.P.’s parental rights to their child, J.E.J.P. Finds the Wabash Circuit Court’s findings support its conclusions that the conditions under which J.E.J.P. was removed from the parents’ care would not be remedied, that termination of parental rights was in J.E.J.P.  best interests, and that there was a satisfactory plan for J.E.J.P.’s care following termination of the parents’ rights.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: Ri.W. and Rv.W. (Minor Children), and J.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1403
Juvenile termination of parental rights. Affirms the termination of father J.W.’s parental rights to his children, Rv.W. and Ri.W. Finds the Department of Child Services’ actions during the pendency of the action did not violate J.W.’s due process rights. Also finds there is sufficient evidence to terminate J.W.’s parental rights.

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