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State Supreme Court to decide Indiana-IBM dispute

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The state Supreme Court will decide a dispute between the state of Indiana and IBM over the company's failed attempt to privatize public welfare services.

The Indianapolis Star reports Justice Mark Massa has recused himself because he was general counsel to former Gov. Mitch Daniels.

IBM won the $1.4 billion contract after Daniels signed off on privatization in 2006, but the state canceled the contract in 2009 because of complaints.

The two sides sued each other in 2010. The state was seeking the return of more than $437 million. A Marion County judge awarded $52 million to IBM in 2012.

The Indiana Court of Appeals in February found IBM failed to deliver its part of the deal, but found it was still entitled to nearly $50 million in fees.

The Supreme Court granted transfer in three other cases for the week ending Aug. 8:

  • State Board of Funeral and Cemetery Service v. Settlers Life Insurance Company, 49S05-1408-PL-514. In March, the Court of Appeals affirmed a Marion Superior ruling that a company that sells an insurance policy with the option to assign it to a trust to use the funds for funeral services is not subject to the Pre-Need Act.
  • Dustin E. McCowan v. State of Indiana, 64S03-1408-CR-516. In April, the Court of Appeals affirmed McCowan’s murder conviction, finding that under the totality of the circumstances, McCowan’s rights weren’t violated when police conducted a warrantless search of his cell phone to obtain records, texts and location of calls.
  • In the Matter of the Adoption of B.C.H., a Minor, 41S04-1408-AD-515. The Court of Appeals affirmed  denial of grandparents’ motions seeking relief from an adoption decree by child’s stepfather. Grandparents seek custody of a child they raised from birth to 27 months old.

Supreme Court transfer disposition lists may be viewed here.


 

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

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