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State moves forward with IBM appeal

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Attorneys for the state of Indiana have begun the formal appeal process after a Marion County court in July awarded a $52 million judgment to IBM over cancellation of the company’s contract to privatize social service claims processing.

Peter Rusthoven and John Maley of Barnes & Thornburg LLP filed a notice of appeal with the clerk of the Court of Appeals on Aug. 13. Gov. Mitch Daniels vowed the state would appeal the order on July 18, the day it was issued by Marion Superior Judge David Dreyer.

Dreyer awarded IBM $12 million for early termination closeout payments and equipment, in addition to a sum of $40 million in subcontractor assignment fees that had been granted previously. The state was awarded nothing on its claim that IBM was in breach of contract.

IBM sought $100 million in early-termination fees and the state claimed IBM’s breach merited damages of $125 million.

The case is State of Indiana v. IBM, 49D10-1005-PL-021451.


 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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