The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 3 today (and 18 NFP)

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Thursday, June 30, 2011

Ind. Decisions - Court of Appeals issues 3 today (and 18 NFP)

For publication opinions today (3):

Coldwell Banker v. Laub Brothers Oil Co., Inc., et al.

Enhanced Network Solutions, Inc. v. Hypersonic Technologies , a 7-page opinion by Judge Riley, concerns a LinkedIn job posting and a non-solicitation clause in an agreement:

Whether the trial court erred when it found that Hypersonic did not solicit or induce an employee of ENS to terminate his employment in violation of the terms of the Sub-Contractor Agreement entered into between Hypersonic and ENS. * * *

Based on these definitions we cannot say that Hypersonic solicited or induced Dobson to terminate his position with ENS and to accept a job opening at Hypersonic in breach of the non-solicitation clause of the Agreement. The record clearly supports that Dobson made the initial contact with Hypersonic after reading the job posting on a publicly available portal of LinkedIn. In other words, Dobson solicited Hypersonic.

David L. Gibbs v. State of Indiana - In this 17-page opinion by Judge Riley, the conclusion is:

(2) the trial court did err in allowing the State to amend Gibbs' charging Information after reading the charges to the jury during voir dire. We reverse the trial court's decision and vacate Gibbs' conviction for arson as a Class B felony. Reversed and remanded for a new trial.

See particularly footnote 2 on p. 14, which begins:

The law regarding substantive amendments has changed significantly over the last five years, and the version of I.C. § 35-34-1-5 that our supreme court interpreted in Fajardo and we interpreted in Fuller is considerably different than the version of I.C. § 35-34-1-5 we are interpreting today.

NFP civil opinions today (7):

Edwin Blinn, Jr. v. Rick Kammen and The Law Firm of Gilroy Kammen & Hill (NFP)

Justin R. Leed v. Melissa A. Leed (NFP)

Mark May v. Ashley F. Ward, Inc. (NFP)

Donna J. Layton v. City of Lebanon (NFP)

Rodney L. Williams v. Sullivan County Sheriff's Department, et al. (NFP)

Gerry S. Hicks v. Rachel M. (Hicks) Villareal (NFP)

Trisha Dawn Hudson v. Jeffrey Michael Hudson (NFP)

NFP criminal opinions today (11):

Michael Carlton v. State of Indiana (NFP)

Quanardel Wells v. State of Indiana (NFP)

Tina Whiting v. State of Indiana (NFP)