St. Vincent Evansville Birth Records
Courtney and Lucas Thompson, Carmi, IL, son, Benjamin Wyatt, Sept. 21
Fawn and James Delano, Evansville, IN, daughter, Addison Grace, Sept. 21
Taylor Glover and Dustin Holsey, Newburgh, IN, son, Lincoln Samuel, Sept. 21
Rachel Mart and Daniel Mims, Evansville, IN, son, Zedekiah Lamar, Sept. 21
Jennifer and Austin Kemp, Henderson, KY, son, Enoch Austin, Sept. 22
Haleigh and Joshua Emerson, Robards, KY, daughter, Nora Kaye, Sept. 22
Courtney and Clayton Knight, Evansville, IN, son, Grayson Minor, Sept. 22
Brittni and Coy Danks, Evansville, IN, daughter, Hannah Lashay, Sept. 22
Brittni and Coy Danks, Evansville, IN, son, Carson Daniel, Sept. 22
Kristina Terry and Devonte Thomas, Evansville, IN, son, Malachi Edward, Sept. 22
Montana Chandler and James Carter-Vasquez, Evansville, IN, daughter, Esabella Mayrie Rojo, Sept. 22
Tessa and Kevin Chapman, Evansville, IN, son, Benjamin Michael, Sept. 23
Elise and Eric Friederich, Chandler, IN, son, Ethan Joseph, Sept. 23
Amy Dame and Justin Willem, Evansville, IN, daughter, Sydney Logann Eileen, Sept. 23
Mariah and Spencer Schmitt, Owensville, IN, daughter, Mirabella Kathryn, Sept. 24
COA Rejects Commercial Court Challenge, Rules Against Worker
Dave Stafford for www.theindianalawyer.com
While an Indiana commercial court failed to provide sufficient notice to a worker who was being sued by his former employer that sought to enforce a noncompete agreement, the Indiana Court of Appeals found the worker had waived his argument and affirmed a resulting injunction barring him from a new job at a competing company.
The court ruled against Craig Vickery in his suit against Ardagh Glass, finding that even though he didn’t receive sufficient notice that resulted in the same-day initial judgment against him, his objections were not timely. “We find that Vickery received insufficient notice of the temporary restraining order proceeding, but that he has waived the right to seek relief on the issue. We further find that the trial court did not err by entering the preliminary injunction. We affirm and remand for further proceedings,†Judge John Baker wrote for the panel.
The panel also rejected Vickery’s motion presented at the outset of oral arguments last month challenging the constitutionality and jurisdiction of Indiana commercial courts — specialized pilot-project dockets in six courts around the state.
“Vickery acts as though litigating in the Commercial Court is compulsory if the plaintiff files a complaint there. That, however, is patently untrue,†Baker wrote, noting litigants may opt out of commercial court jurisdiction by objecting within 30 days, which he did not do. “Under these circumstances, Vickery has waived the right to challenge the Commercial Court’s jurisdiction or authority and we deny his motion to dismiss.â€
Ardagh sent Vickery, a glass mold engineer, an email saying it planned to sue him and seek a TRO preventing him from taking a job in Ohio at a rival glass company. The ex parte TRO was issued hours later by Judge Heather Welch in Marion Superior Court, one of the commercial court venues. While the panel said this notice was insufficient, it let stand the result, while issuing a mild warning.
“(W)e caution attorneys and trial courts around the state to be mindful of the notice requirements surrounding TROs. There are circumstances in which a TRO must truly be granted immediately without affording time to the adverse party to respond, but those circumstances must strictly meet the requirements set forth by Trial Rule 65(B). In all other cases, both the applicant party and the trial court are required by due process and the trial rules to ensure that the adverse party was given legally sufficient notice before final action is taken.â€
The court also concluded Ardagh has a right to enforce the noncompete; established a reasonable likelihood of success on the merits of its breach of contract and Indiana Trade Secrets Acts complaints; established it has remedies at law that are inadequate and that it would suffer irreparable harm during the pendency of the action; the threatened harm to Ardagh outweigh the threatened harm to Vickery; and the public interest would not be disserved by granting the injunction.
HOT JOBS IN EVANSVILLE
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ISP Museum Hosts Annual Trunk or Treat
Scheduled for Saturday, 10/21 from 3pm to 5pm
The Indiana State Police Museum is calling all witches, goblins, superheroes, and zombies to come trick-or-treat with the Indiana State Police!
Mark your calendars to bring your costumed children to the annual ISP Museum Trunk or Treat. This event will be held on Saturday, October 21st from 3pm to 5pm at the Indiana State Police Museum located on the east side of Indianapolis.
Troopers and local police officers will be handing out candy from the trunks of their patrol cars to all children in costume. There will be carnival games, craft activities, and music! Come early – our supply of treats is limited, but you won’t run out of things to see at the ISP Museum!
Have questions? Contact the staff at the Indiana State Police Museum via email at ISPMuseum@isp.in.gov or give us a call at 317.899.8293. We hope to see you there!
ADOPT A PET
Mia Hamm is a 4-year-old female tortoiseshell cat. She was originally adopted from VHS years ago, and then returned. Her adoption fee is only $15 thru October 31st and includes her spay, microchip, up-to-date vaccines, and more. Contact the Vanderburgh Humane Society at (812) 426-2563 for adoption details!
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Eagles stopped by #4 Rockhurst, 1-0
The University of Southern Indiana men’s soccer team had its four-game winning streak stopped by fourth-ranked Rockhurst University, 1-0, Sunday afternoon in Kansas City, Missouri. The Screaming Eagles, who have won a season-best four-straight, rise to 7-6-0 overall and 5-6-0 in the GLVC, while Rockhurst sees its record go to 11-0-2 overall and 10-0-1 in the league.
With the loss, the Eagles fall below the .500 mark in the GLVC and to ninth in the league standings with three matches remaining in the 2017 conference schedule. USI trails Missouri University of Science & Technology and the University of Missouri-St. Louis, which are tied for seventh by percentage points; and Drury University and Bellarmine University, who are tied for fifth, by one-and-a-half games.
The top eight teams in the standing qualify for the GLVC Tournament that is slated to begin October 29.
USI and Rockhurst battled to a draw through the first half and until 67:05 when the Hawks scored the only goal of the match. The Eagles had a chance to take the lead nearly 10 minutes before the game-winning goal, but the tally was called back due to an offiside call at 59:06.
USI returns to Strassweg Field for the longest and final homestand of 2017. The Eagles are scheduled to host Drury October 20; Missouri S&T for Senior Day October 22; and McKendree University October 25 for the 2017 regular season finale.
Eagles Lose Tough Battle To Hawks, 2-1
The University of Southern Indiana women’s soccer team lost a tough battle with Rockhurst University, 2-1, Sunday afternoon in Kansas City, Missouri. USI goes to 6-4-4 overall and 4-3-4 in GLVC play, while Rockhurst ends the match 7-7-0 overall, 5-6-0 in the league.
The loss drops USI into a tie for fifth place in the GLVC with Bellarmine University with the possibility of a tie for fourth pending the outcome of the University of Indianapolis-Truman State match later today. The top eight teams in the GLVC advance to the league’s post-season tournament with the top four squads earning the right to host a first round contest.
USI fell behind early in the match and trailed 2-1 at the intermission. Rockhurst took the initial lead at 3:48, holding the advantage until 29:50 when freshman defender Madelyne Juenger (Columbia, Illinois) picked up a loose ball and scored from inside the 18 to knot the match at 1-1.
The Hawks, however, were not finished in the first half and retook the lead, 2-1, with a tally at 44:10. The Eagles did not get another shot before halftime as the Hawks went into the locker room with the eventual 2-1 margin of victory.
In the second half, the Eagles and the Hawks battled back-and-forth across the pitch with neither squad breaking through the other’s defensive line. USI had plenty of chances to find the back of the Rockhurst goal despite being outshot, 9-7, in the final 45 mintues.
USI returns to Strassweg Field for the longest and final homestand of 2017. The Eagles are scheduled to host Drury University October 20; Missouri University of Science & Technology October 22 for Senior Day and the annual Kick for the Cure match; and McKendree University October 25 for the 2017 regular season finale.
ADDITIONAL E-MAIL FROM CHAIRMAN OF THE VCRP CONCERNING DAN McGINN RESIGNATION FROM VANDERBURGH COUNTY REPUBLICAN PARTY
 Thanks.
 Wayne Parke
Chairman VCRP
wparke@wowway.co
Sent: Saturday, October 14, 2017 3:06 PM
To: Dan McGinn <danmcginn@wowway.com>Subject: Dan McGinn Email–Tax Increase/Redistricting/Resignation.