Articles

Are noncompetes overly broad?

This year, a group of unions, employment law attorneys and other labor organizations petitioned the Federal Trade Commission to ban noncompete agreements. But while there are some instances where a restrictive covenant can be too restrictive, experts say there are also instances where noncompete clauses are legitimate.

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Opinions Aug. 20, 2019

Indiana Court of Appeals
Clifton E. Sharp v. State of Indiana, and Brianna Finney
19A-CR-467
Criminal. Affirms and reverses in part the Clark Circuit Court’s ruling that the Estate of Clifton Sharp had standing to make a claim for bond money posted for Sharp by Brianna Finney, but summary judgment should be entered in favor of Finney. Finds the trial court properly concluded the estate had standing, but improperly entered judgment beyond that issue because there are factual matters to be developed. Remands for proceedings.

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Drug dealer’s appeal fails to show prosecutorial misconduct

A prosecutor’s suggestion to jurors during closing arguments that the volume of fentanyl in a habitual drug dealer’s possession had the potential to kill thousands of people did not constitute fundamental error. The Indiana Court of Appeals on Friday rejected that and other arguments of a man convicted and sentenced to 40 years in prison.

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Opinions Aug. 15, 2019

Indiana Court of Appeals
John Laboa v. State of Indiana
18A-CR-00951
Criminal. Finds the Floyd Superior Court erred in the procedure it used to dispose of John Laboa’s petition for post-conviction relief. Finds the trial court’s judgment was not decided as provided by the post-conviction rules. Remands with instructions to either order the cause to be submitted by affidavit, allowing Laboa time to gather and submit affidavits he feels are relevant to his allegations, or hold an evidentiary hearing.

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