Summary
The Indiana Supreme Court accepted three certified questions from the U.S. District Court for the Southern District of Indiana concerning Indiana Code section 22-5-3-2, including claims by voluntarily departing employees, recovery of attorney fees, and unsuccessful trade-secret litigation. The order establishes briefing, appendix, filing, service, appearance, and related procedural requirements for the certified-question proceeding.
Topics
Practice areas
Questions Presented
- Whether the Indiana Supreme Court should accept the three certified questions of Indiana law under Indiana Appellate Rule 64.
- Whether Wabash Railroad Co. v. Young remains good law concerning voluntary departures from employment and claims under Indiana Code section 22-5-3-2.
- Whether attorney fees incurred in defending or prosecuting an unsuccessful claim under Indiana Code section 22-5-3-2 are recoverable as compensatory damages.
- Whether an unsuccessful suit seeking to protect alleged trade secrets and restrict a former employee's competitive employment provides a basis for recovery under Indiana Code section 22-5-3-2.
Holdings
- The Indiana Supreme Court accepted the three questions certified by the United States District Court for the Southern District of Indiana pursuant to Indiana Appellate Rule 64.
Key quotations
“The certified questions, which each member of this Court has considered, are hereby ACCEPTED pursuant to Indiana Appellate Rule 64.” (954 N.E.2d at 449)
Factual background
The federal action involved claims concerning Indiana Code section 22-5-3-2, attorney fees as compensatory damages, and an unsuccessful effort by a former employer to protect alleged trade secrets and restrict a former employee's competitive employment. The federal district court certified three Indiana-law questions to the Indiana Supreme Court for resolution.
Procedural history
The certified questions arose in a federal action, Loparex, LLC v. MPI Release Technologies, LLC, et al., pending in the Southern District of Indiana. The Indiana Supreme Court accepted the certified questions and established briefing, appendix, filing, service, appearance, and scheduling procedures; it did not decide the merits of the questions in this order.