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Opinions March 22, 2016

March 22, 2016

Indiana Supreme Court
State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration v. International Business Machines Corporation  

49S02-1408-PL-513.
Civil plenary. Reverses trial court ruling that IBM was not in material breach of its master services agreement to administer Indiana’s welfare systems under a $1.3 billion contract that the state terminated for cause. Summarily affirms the Court of Appeals on all other  issues:  affirming the trial court’s award of $40 million in assignment fees and $9,510,795 in equipment fees to IBM; affirming the trial court’s denial of deferred fees to IBM; and reversing the trial court’s award of $2,570,621 in early termination close out payments and $10,632,333 in prejudgment interest to IBM. Remands to the trial court to determine the amount of fees IBM is entitled to for two change orders, and for calculation of the parties’ damages, including any appropriate offsets to the state as a result of IBM’s material breach of the MSA.   

State of Indiana v. John Buncich, in his capacity as Chairman of the Lake County Democratic Central Committee, Christine M. Russell, individually, Randolph Palmateer, individually, et al.
45C01-1407-PL-84
Civil Plenary. Reverses trial court, ruling that a consolidation of small voting precincts in Lake County is not unconstitutional, nor is it an impermissible special law or a violation of the separation of powers doctrine.

Indiana Court of Appeals
Silvia Regina Carranza v. Norman Woodruff (mem. dec.)

71A04-1508-DR-1206
Domestic relations. Affirms the denial of Silvia Regina Carranza’s petition to modify child custody of her two minor children.

Gregory Long v. State of Indiana (mem. dec.)
49A02-1509-CR-1346
Criminal. Affirms Gregory Long’s conviction of Class A misdemeanor carrying a handgun without a license.

Bryan Gadson v. State of Indiana (mem. dec.)
34A04-1509-CR-1533
Criminal. Affirms Bryan Gadson’s conviction for Level 6 felony battery against a public safety official.

Segun Rasaki, Priscilla Rasaki, The Huntington National Bank, American Express Bank FSB, American Express Centurion Bank, et al. v. Union Savings Bank (mem. dec.)
29A02-1506-MF-663
Mortgage foreclosure. Affirms entry of summary judgment for Union Savings Bank and against Segun Rasaki on its action to foreclose on real estate.
 
Justin C. Cherry v. State of Indiana (mem. dec.)
55A05-1508-CR-1151
Criminal. Affirms Justin Cherry’s conviction of and sentence for Class B felony armed robbery, enhanced by his status as an habitual offender.

Fred Baumgardner v. State of Indiana (mem. dec.)
49A02-1507-CR-917
Criminal. Affirms Fred Baumgardner’s conviction for sexual battery a Class D felony, and battery, a Class B misdemeanor.

 

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