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Monday, April 14, 2014

Ind. Decisions - Supreme Court denies transfer in an IBM case

The Supreme Court has denied transfer to both appellant and appellee by a 3-1 vote in the case of IBM v. ASC Human Services. This leaves in place the Nov. 26, 2013, Court of Appeals opinion. Here is the COA summary of its opinion:

International Business Machines Corp. (“IBM”) and the State of Indiana (“the State”) filed lawsuits against one another related to the State’s Family and Social Services Administration (“FSSA”) modernization initiatives. The trial court ordered IBM to pay $709,398.95 in costs related to discovery and production of documents incurred by a non-party, ACS Human Services, LLC (“ACS”). Later, the trial court imposed sanctions totaling $425,178.85 against ACS in favor of IBM.

IBM and ACS each appeal. IBM seeks vacation of the costs assessed against it in favor of ACS. ACS cross-appeals, seeking an increase in the costs assessed against IBM and vacation of the sanctions assessed against it in favor of IBM.

We affirm.

Note that this is NOT the Feb. 13, 2014 Court of Appeals opinion (State of Indiana, acting on behalf of the Indiana Family & Social Services Administration v. International Business Machines Corporation) affirming the trial court’s award of $40 million in assignment fees and $9,510,795 in Equipment fees to IBM.

Posted by Marcia Oddi on April 14, 2014 09:29 AM
Posted to Ind. Sup.Ct. Decisions