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Opinions Dec. 3, 2019

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.

Gary gun lawsuit to continue after transfer denial

| IL Staff

A long-running firearms lawsuit in the city of Gary will continue after the Indiana Supreme Court declined to revisit a Court of Appeals’ ruling that reinstated the litigation. But not all justices agreed with the transfer decision.

Jury awards million-dollar verdict in egg dispute

| Marilyn Odendahl

An Evansville-based egg buyer suffered a $1.46 million jury verdict in late November over a broken agreement to buy more than 100 million eggs, but a piece of the fight involving egg packing materials will continue Tuesday before the 7th Circuit Court of Appeals.

Madison Co. child welfare worker charged with neglect

| Associated Press

A caseworker for Indiana’s child welfare agency faces criminal charges stemming from the alleged neglect of a 4-year-old boy under his supervision. An arrest warrant was issued Monday for 26-year-old Spencer Day Osborn after prosecutors charged him with four felony counts of neglect of a dependent resulting in serious bodily injury on the recommendation of a Madison County grand jury.

Fort Wayne woman charged after 5-month-old son’s death

| Associated Press

A Fort Wayne woman whose 5-month-old son died after she brought him to a hospital with bruising and head trauma has been charged with neglect of a dependent. The child was pronounced dead at Parkview Randallia Hospital minutes after Jasmine M. Johnson brought him to the emergency room.

Opinions Dec. 2, 2019

Indiana Court of Appeals
Drendall Law Office, P.C. v. Lucy Mundia
19A-PL-582
Civil plenary. Reverses the St. Joseph Circuit Court’s denial of Drendall Law Office’s motion for judgment on the evidence in a legal malpractice case against it brought by Lucy Mundia. Finds the jury’s verdict in Mundia’s favor was clearly erroneous because she did not present substantial evidence supporting the proximate cause element of her claim for legal malpractice. Also finds the trial court abused its discretion in its denial. Remands for the trial court to vacate the jury verdict and enter judgement for Drendall.

Munster bans public vaping, smoking

| Associated Press

A northwestern Indiana town has banned all tobacco and vaping products from public spaces and facilities in what a backer hails as one of the most comprehensive in the state. The Munster council this month approved the ordinance that bans the smoking of all tobacco products, including electronic cigarettes, within 15 feet of a public space or entrance to a public facility in Munster.