The Indiana Supreme Court didn’t take long to make up their minds in the State of Indiana v. IBM case. I was in attendance at the oral arguments just this morning and the Court has already issued an order (full text below). The Court reversed the trial court’s ruling that could have required Governor Daniels to testify regarding the aborted 2009 Indiana/IBM contract. At least for now, Governor Daniels will not be deposed by IBM.
Justice Rucker inquired of IBM’s counsel what their next step would be in the eventuality of a reversal and IBM wasn’t immediately clear how they would continue. However, I’m sure there will be many more twists before this is done. Trial will now commence in the trial court February 27, 2012. Stay tuned for updates.
Case Background: In 2010, the State of Indiana sued International Business Machines Corp (IBM) for millions of dollars it had paid to the company before their contract was cancelled in 2009. IBM responded by filing a countersuit of breach of contract, totaling $100 million. The trial court ruled that Governor Mitch Daniels cannot be excused from testifying about his knowledge of the contract with IBM. The case bypassed the Appellate Court and was granted transfer to the Indiana Supreme Court in January 2012.