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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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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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