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Opinions 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.   

Justices: IBM breached state welfare contract

IBM breached its master services agreement with the state in its failed bid to privatize and modernize Indiana’s welfare systems, the Indiana Supreme Court ruled Tuesday, more than six years after the state sued the tech giant over the $1.3 billion contract.

Justices uphold $5.8M award against Tyson Foods

In a setback to business, the Supreme Court of the United States on Tuesday upheld a $5.8 million judgment against Tyson Foods Inc. in a pay dispute with more than 3,000 workers at a pork-processing plant in Iowa.

Moberly: If At First You Don’t Succeed, Try, Try Again (and Again, and Again…)

It’s no secret that the IndyBar has supported merit selection for decades. It’s also no secret that view is not held by everyone. I sincerely respect our members who would prefer an open partisan election of our judges in Marion County. Mostly that view is held as a result of a reverence for voting rights, which I hope we all share.

Plugged In: 3 easy ways to add value to PDF documents

With a rise in the number of mobile-friendly offices, voluminous PDF files have quickly become the norm in today’s society. PDFs have retained popularity with their innate ability to easily share across operating systems, protect content and ensure formatting remains intact across platforms.

Indiana governor concerned about Notre Dame police bill

Indiana Gov. Mike Pence said Monday that his “strong bias for the public’s right to know” will weigh heavily as he decides whether to veto a measure that would shelter police departments at Notre Dame and 10 other Indiana private colleges from following the same crime reporting requirements as all other law enforcement agencies.

DTCI: Senate obstruction on appointments harms entire judiciary

Since the Republicans took control of the Senate after the 2014 elections, the Obama administration has made only one judicial appointment as Republican senators have refused to sign off ahead of time on nominees for judgeships in their states. This is in stark contrast to President Obama’s predecessors since Ronald Reagan who also faced a Senate controlled by the opposing party, yet appointed between 10-18 appellate judges in their last two years in office.

Editorial: Rule changes still lack needed transparency

A proposed overhaul of Admission and Discipline Rule 23 contains some good ideas among the 108 pages of side-by-side comparisons of the old and the new. But the proposals would do little to deprogram the Supreme Court Disciplinary Commission’s culture of confidentiality or boost public confidence in the agency that polices Indiana attorneys.

Vlink: Should unions charge free-rider fees for grievances?

Vlink Much to the dismay of the labor community, Indiana has joined the 25 states with so-called “right-to-work” laws. Before getting to the point of this article, it’s important to dispel two common myths about these laws. Right-to-work does not guarantee employment, nor does it protect employees against compelled union membership. Even in non-right-to-work states, […]