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Friday, August 10, 2012
Ind. Decisions - Court of Appeals issues 2 today (and 3 NFP)
For publication opinions today (2):
In HDNET LLC v. North American Boxing Council, a 15-page opinion, Sr. Judge Darden writes:
HDNET LLC (“HD”) appeals the trial court’s grant of partial summary judgment in favor of North American Boxing Council (“NABC”). We reverse and remand.In Teresa A. Houser, Personal Rep. of the Est. of Anonymous Physician, Deceased v. Stacy Kaufman, C.K., and Brent Kaufman; Teresa A. Houser, Personal Rep. v. Stacy Kaufman, et al. , a 23-page opinion, Judge Barnes writes:
1. Whether the trial court erred in determining as a matter of law that the Indiana Uniform Trade Secrets Act (“IUTSA”) did not preempt NABC’s common law claim for idea misappropriation where the claim did not rise to the level of a statutorily-defined trade secret.
2. Whether the trial court erred in determining as a matter of law that the IUTSA did not preempt NABC’s statutory claim for civil conversion of its idea. * * *
[Opinion deals extensively with statutory construction]
The IUTSA is intended to foster uniformity in the definition of state laws, and a party may not read this design out of the statutory scheme under the guise of “plain language” or any other rule of construction. NABC’s “plain language” reading of IUTSA’s preemption provision lays waste to both legislative intent of the IUTSA and the overall intent of the UTSA. Accordingly, the trial court erred in granting summary judgment on NABC’s idea misappropriation claim.
NABC’s civil conversion claim does not fall within the “criminal law” exception to the IUTSA’s preemption provision. Therefore, the trial erred in granting summary judgment on the claim. Reversed and remanded for further proceedings.
Theresa Houser, as Personal Representative of the Estate of Anonymous Physician Dr. K. (“the Estate”), appeals the trial court’s denial of the Estate’s motion for summary judgment in the medical malpractice suit filed by Stacy Kaufman. C.K. appeals the trial court’s grant of summary judgment in favor of the Estate with respect to his medical malpractice claim against Dr. K. We affirm.NFP civil opinions today (1):
The restated issues before us are:
I. whether Stacy’s claim against the Estate is constitutionally time-barred by the Medical Malpractice Act’s statute of limitations; and
II. whether C.K.’s claim against the Estate fails because Dr. K. owed no duty to C.K. * * *
Conclusion. We affirm the trial court’s denial of the Estate’s summary judgment motion to the extent it sought to bar Stacy’s claim under the Act’s statute of limitations. We also affirm its granting of summary judgment to the Estate with respect to Dr. K. owing no duty to C.K.
NFP criminal opinions today (2):
Posted by Marcia Oddi on August 10, 2012 01:23 PM
Posted to Ind. App.Ct. Decisions