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Tuesday, March 25, 2008

Ind. Decisions - Court of Appeals issues 2 today (and 1 NFP)

For publication opinions today (2):

In Jeffrey Kochis v. City of Hammond, Indiana, et al, a 12-page opinion, Judge Darden writes:

Jeffrey Kochis appeals the trial court’s order granting summary judgment to City of Hammond, Indiana (“City”); Fire Department of the City of Hammond, Indiana, and Chief David Hamm; and Board of Public Works & Safety of Hammond, Indiana (“Safety Board”) (collectively, “Hammond”) on Kochis’ complaint.1 We reverse and remand. * * *

As the party moving for summary judgment, Hammond bore the initial burden of showing no genuine issue of material fact and the appropriateness of judgment as a matter of law. Monroe Guar. Ins. Co., 829 N.E.2d at 975. Hammond’s designated evidence falls woefully short of making a prima facie showing that the demotion was one that fits within the economic exception. Because such remains as a genuine issue of fact, summary judgment should not have been granted to Hammond.

Kochis also argues that his motion for summary judgment should have been granted. However, because we find that whether the economic exception applies here is a question of fact, his argument in this regard must also fail.

Reversed and remanded for further proceedings consistent with this opinion.

In Sherri Gleeson v. Preferred Sourcing, LLC , a 27-page opinion, Judge Vaidik writes:
Sherri Gleeson appeals the trial court’s grant of her former employer Preferred Sourcing, LLC’s (“Preferred”) motion for a preliminary injunction against her, which sought to enforce the terms of a non-compete agreement that she signed. Finding that Preferred has proven the requirements for a preliminary injunction and that several defenses do not apply, we conclude that the trial court did not abuse its discretion in granting the preliminary injunction. In addition, we conclude that the court abused its discretion in refusing to order security for the preliminary injunction. Accordingly, we affirm in part and reverse in part.
NFP civil opinions today (0):

NFP criminal opinions today (1):

Jacklyn A. Thomas v. State of Indiana (NFP)

Posted by Marcia Oddi on March 25, 2008 01:01 PM
Posted to Ind. App.Ct. Decisions