Indiana’s Battle With I-B-M Comes To An End

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INDIANAPOLIS – I-B-M owes Indiana more than 70-million dollars, in the apparent conclusion of a nine-year legal battle.

I-B-M and the state sued each other after then-Governor Mitch Daniels fired the company from a failed privatization of the welfare intake process. The Indiana Supreme Court found I-B-M had breached its contract, and ordered a lower court to calculate damages. Both sides returned to the Supreme Court to fight over Marion Superior Judge Heather Welch’s award of a net 78-million dollars to the state. The state argued it should be more, while I-B-M said it should be less.

A 3-1 court rejected both arguments.

Welch’s ruling awarded the state 128-million dollars, but agreed with prior rulings that I-B-M was entitled to reduce that amount for equipment costs. Under state law, the company is also entitled to interest, but the court unanimously declared that money began accruing after Welch’s ruling last year, not when a judge first awarded equipment costs in 2012. That’s a 14-and-a-half-million-dollar difference.

Justice Geoffrey Slaughter agreed with the lower interest rate, but argued in a dissent that the court applied the wrong legal standard to the breach of contract claim and awarded too high a judgment as a result. He warns future contractors may be reluctant to do business with the state if they run the risk of being charged for work over and above their original deal.

Justice Mark Massa, who was Daniels’ chief counsel when the I-B-M deal was struck, didn’t take part in the case.