884 N.E.2d 294 (In 2008)
Plaintiff company providing quality control services to manufacturers and suppliers brought action against competitor, its sister company, owners of sister company, and two former employees of plaintiff, asserting claims for misappropriation of trade secrets under the Indiana Uniform Trade Secrets Act (IUTSA) and Indiana's Racketeer Influenced and Corrupt Organizations (RICO) statute. The Superior Court, Marion County, Thomas J. Carroll, J., granted preliminary injunction to plaintiffs. Defendants filed interlocutory appeal.
Holdings: The Court of Appeals, Bailey , J., held that:
(1) as a matter of first impression, civil remedy portion of Indiana's Racketeer Influenced and Corrupt Organizations statute is not preempted by Indiana Uniform Trade Secrets Act;
(2) preliminary injunction was warranted, under Indiana's RICO statute;
(3) it was appropriate to subject sister corporation to the preliminary injunction; but
(4) it was inappropriate to include a two-year time frame in the preliminary injunction; and
(5) preliminary injunction was overbroad.
Court of Appeals of Indiana.
AGS CAPITAL CORP., INC., AGS Capital, LLC, Scott A. Weaver, Alan G.
Symons, Superior Metal Technologies, LLC, Fast Tek Group, Llc, Anthony Roark,
and Chan Chanthaphone, Appellants-Defendants,
Philip "Kirk" Ridenour, William R. Sewell, Ronald R. Scott, Meredith Boatright,
Defendants,
v.
PRODUCT ACTION INTERNATIONAL, LLC, Successor to Product Action International,
Inc., Appellee-Plaintiff.
No. 49A02-0702-CV-176.
April 11, 2008.
