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Justices rule governor doesn't have to testify in IBM case

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On the same day it heard arguments, the Indiana Supreme Court reversed a Marion Superior judge’s ruling and held that Gov. Mitch Daniels does not have to testify or be deposed in an ongoing lawsuit over the cancelled contract to modernize the state’s welfare system.

The justices issued an order Monday afternoon in the case of State of Indiana v. International Business Machines Corporation, No. 49S00-1201-PL-15, which follows a ruling from Judge David Dreyer in December that Daniels shouldn’t be excused from appearing for a deposition because nothing in state statute, court precedent or public policy warrants that.

During the arguments, an attorney representing the state argued that the law protected Daniels from having to testify and that the state had provided more than 50 other employees for depositions in his place. But IBM’s attorneys argued that Daniels has specific detailed knowledge about the deal that others didn’t and he should be required to share that information.

Within hours of hearing the case, the justices said that making Daniels give a deposition is contrary to Indiana Code 34-29-2-1 that protects the governor and other high-ranking officials from testifying in civil cases. The order signed by Chief Justice Randall T. Shepard said a written opinion will follow to explain more fully the Supreme Court’s decision reversing the trial court’s order. Justice Frank Sullivan concurred in result.

A trial is scheduled before Dreyer Feb. 27 in the case. The state had agreed to pay IBM $1.37 billion over 10 years to modernize Indiana’s welfare system, but Daniels canceled the contract in 2009 because of complaints about the automated system. The state sued IBM in May 2010 to take back the $437 million it paid the company. IBM countersued, saying the state still owes the company about $100 million.

Last month, Dreyer awarded small victories to each side. He ruled the state should pay IBM $40 million in subcontractor assignment fees and capped the damages the state can seek at $125 million, but he declined to dismiss the case in IBM’s favor on a request for $43 million in deferred fees and for the state to return computers and equipment used in the project.

 

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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