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Indiana Supreme Court will hear IBM case

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The Indiana Supreme Court will decide whether Gov. Mitch Daniels must appear for a deposition and testify in an ongoing lawsuit challenging the cancelled IBM contract to modernize the state’s welfare system.

An order issued by the state’s justices Monday grants the expedited briefing schedule and appeal of Judge David Dreyer’s ruling in State of Indiana v. IBM, No. 49S00-1201-PL–00015.

In December, the trial court judge ruled that nothing in state statute, court precedent or public policy allows Daniels to be excused from having to testify about his decisions and knowledge of the now-cancelled, 10-year contract worth $1.37 billion. The state sued in 2010 to recoup hundreds of millions of dollars it paid the company before cancelling the contract in 2009, and the computer giant countersued on breach of contract allegations and argued the state still owes about $100 million.

The state argued that Daniels delegates day-to-day management of the governor’s office and doesn’t have any “unique substantial knowledge” of that contract, while IBM argues that Daniels took this on as a pet project and his depositions are needed.

 Initially, Dreyer ruled Daniels didn’t have to testify about his involvement, based on evidence he had reviewed at the time, and that no exception in state statute warranted his testimony. But after further review and consideration, Dreyer found that Indiana Code 34-29-2-1 is open to multiple interpretations because it lists the governor as someone who doesn’t have to offer testimony, despite other provisions that list officials and individuals with specific conditions. Only one reported case, Government Supplies Consolidating Servs., Inc. v. Bayh, 753 F. Supp. 739 (S.D. Ind. 1993) addresses the issue, but it focuses on federal privilege law and not the state statute.

Bypassing the Indiana Court of Appeals by way of Indiana Appellate Rule 56(A), the Supreme Court has set an expedited briefing schedule. The briefing schedule will be completed by early February, according to the order, and the justices will set a date for oral argument in a separate order at a later time.

The five-week IBM trial in Marion Superior Civil 10 is scheduled to start Feb. 27, with the next hearing scheduled for Tuesday on the parties’ motions for summary judgment.







 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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