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School bus drivers can’t sue school corporation for collusion

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The lawsuit for collusion brought by 13 North Gibson School Corporation bus drivers against the school corporation as a result of bids for a transportation services contract failed on interlocutory appeal before the Indiana Court of Appeals.

Bus Corp. was awarded two contracts with the school corporation, which would cover bus transportation from 2011 to 2015.  The school corporation then scheduled “negotiation sessions” with individual drivers who wanted to renew or acquire a contract for their respective routes. Thirteen of the drivers sued the school corporation based on how the negotiation sessions were carried out – using a “reverse auction” process. The drivers were presented with a contract at a reduced price resulting from the “reverse auction” and told by the school corporation’s representative that if the contracts at the stated daily rates weren’t executed by a certain date, the school corporation would award the contract to the next lowest bidder – Bus Corp.

The drivers alleged collusion in their suit and sought compensatory damages under the Indiana Antitrust Act. The school corporation tried to have the suit dismissed, but the trial judge denied the motion.

On interlocutory appeal, the COA reversed. The drivers, as unsuccessful bidders, don’t have a private right of action against the school corporation, even if they allege collusion, wrote Chief Judge Margret Robb. The school corporation also can’t be held liable for damages under the Indiana Antitrust Act. The appellate court cited Brownsburg Cmty. Sch. Corp. v. Natare Corp., 824 N.E.2d 336 (Ind. 2005), reading that decision to mean that governmental entities can’t be liable for actions prohibited by the Indiana Antitrust Act. That Act provides a cause of action for unsuccessful bidders against other bidders.

Robb pointed out that a suit against Bus Corp. may have been a better strategy. The drivers have no remedy against the school corporation.

The judges ordered the trial court to enter an order consistent with the appellate opinion.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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