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Thursday, October 06, 2011
Ind. Courts - Supreme Court accepts certified question from SD Ind.
The case is Loparex, LLC v. MPI Release Technologies, LLC, et al. The questions, as framed by the district court, are:
1. Is Wabash Railroad Co. v. Young, 69 N.E. 1003 (Ind. 1904), still good law, such that individuals who voluntarily leave employment are precluded from pursuing a claim under Indiana Code section 22-5-3-2?
2. In an action brought under Indiana Code section 22-5-3-2, are attorney fees incurred in defending an unsuccessful claim against a former employee or in prosecuting a claim by a former employee recoverable as compensatory damages?
3. Is an unsuccessful suit to protect alleged trade secrets, within which a former employer seeks to preclude any competitive employment of a former employee by pursuing permanent injunctive relief and in settlement negotiations, a basis for recovery under Indiana Code section 22-5-3-2?
Posted by Marcia Oddi on October 6, 2011 01:20 PM
Posted to Ind. Sup.Ct. Decisions