IBM Awarded Post-Judgment Interest To 2017 in Long-Running Dispute

first_imgIn its second opinion issued in the years-long dispute between Indiana and IBM Corp. over the failed contract to create a new Hoosier welfare system, the Indiana Supreme Court has allowed IBM to collect post-judgment interest on its $49.5 million damages award. However, that interest will date back only to a 2017 judgment on remand, not the original judgment entered in the company’s favor in 2012, and only serves as an offset to the greater sum IBM owes the state.Justice Steven David wrote for the court in the Wednesday opinion in International Business Machines Corporation v. State of Indiana, acting on behalf of the Indiana Family & Social Services Administration, 19S-PL-19. The justices, excluding Justice Mark Massa, heard their second round of arguments in the case in February.At issue in the litigation is a contract between IBM and the state requiring IBM to develop a new welfare system that utilized a centralized call center to handle customer requests. The new system, colloquially known as “modernization,” was meant to be a shift away from the prior welfare system that emphasized face-to-face contact with customers.But the state terminated the IBM contract in 2009 after modernization began experiencing problems. Instead, the state created its own welfare system, known as “hybrid,” that combined the call center with the former face-to-face model.Both parties filed breach complaints, and the Marion Superior Court initially determined modernization’s failure was not a breach of IBM’s contract. Instead, the state was ordered in 2012 to pay IBM $49.5 million for the costs of equipment and assignment fees.But the appellate courts, including the Indiana Supreme Court, determined IBM had breached the contract and, in 2016, remanded the case for a damages assessment.Judge Heather Welch determined in 2017 that IBM owed the state $128 million, offset by the $49.5 million previously awarded to the company, for a net damages award of $78 million for the state. Welch also declined to award post-judgment interest on IBM’s $49.5 million in damages, but the COA reversed that decision after hearing oral arguments last August.The parties raised multiple issues on appeal when they returned to the Supreme Court in February, but the justices chose to address only the question of post-judgment interest. In determining the interest should date back only to 2017, David rejected the Court of Appeals’ reliance on Beam v. Wausau Ins. Co., 765 N.E.2d 524 (Ind. 2002), to award post-judgment interest because the $49.5 million damages award had been the “one constant” of the case lasting roughly a decade.Beam relied on Indiana Code section 24-2.6-1-101, but David said the controlling statute here is I.C. 34-13-1-6 “because we are dealing with a sum of money due from the State.” The inquiry under the latter statute, he said, is “whether there was a final decree or judgment.”“Case law is clear that a final judgment disposes of ‘all issues as to all parties,’” David wrote. “… Not all the issues as to all parties were resolved at the time of remand and further, what was due and owed to IBM was necessarily contingent upon what damages were due the State for the breach.” FacebookTwitterCopy LinkEmailShare IBM Awarded Post-Judgment Interest To 2017 in Long-Running DisputeJuly 1, 2019Olivia CovingtonIndiana Lawyercenter_img “… Here, there is no money that rightfully belonged to IBM as the amount awarded to it may have been and ultimately was, only an offset to what IBM owes the State,” he continued. “Accordingly, looking at the statute, our case law and the facts of this case, post-judgment interest going back to the original judgment is inappropriate.”The court summarily affirmed the COA in all other respects and affirmed the trial court in all respects, which would include the $78 million damages award to the state.Barnes & Thornburg attorneys John Maley and Peter Rusthoven, counsel for the state in the IBM litigation, released a statement Wednesday afternoon saying they are pleased with the court’s ruling.“Hoosiers will finally benefit from IBM’s multi-million-dollar payment of this judgment,” the statement said, referring to the $78 million owed to the state.But Justice Geoffrey Slaughter dissented from the summary affirmance of the Court of Appeals, because one of the COA’s central premises in its ruling was that the modernization system was “essentially the same” as the hybrid system.“It is telling that the State initially asked IBM to implement Hybrid via change order,” Slaughter wrote in his partial dissent. “By entering into the change-order process, the State all but admits that Hybrid is outside the scope of contracted services. Parties do not negotiate proposed changes to an agreement that already requires those things.”Thus, Slaughter said the COA wrongly determined the costs the state incurred through hybrid were “procurement costs.” He would classify those costs as consequential damages subject to a $3 million cap.“It will come as little surprise if prospective vendors respond to today’s ruling in one of two ways,” Slaughter continued. “Either they will not do business with the State at all, thus reducing the supply of those willing to contract with the State. Or they will include a risk premium in their contracts to cover the unknown costs of fulfilling obligations beyond what they agreed to.”Slaughter concurred with the court’s ruling on post-judgment interest.Massa did not participate in the case because he previously worked for former Gov. Mitch Daniels, who led the state to contract with IBM for the new welfare system.last_img read more

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President of the Trade Union of Istria, Kvarner and Dalmatia calls for urgent adoption of long-term measures and assistance to the tourism sector

first_imgThe union cooperates with employers and continuously monitors the impact of the corona virus on the tourist season and on the results achieved, however, the situation is changing day by day. Unfortunately, the current epidemiological situation leaves no room for optimism. In such circumstances, it is questionable how to maintain liquidity and ensure regular payment of wages to workers. Although most employers in this industry want to keep jobs, because they are aware of the problems they have faced to ensure not only quality and professional, but the required number of staff to work in tourism at all levels, owners (especially those who are not in this industry) they are looking for an economic calculus. The President of SIKD calls on the Minister to advocate for urgent long-term measures that will be demotivating for employers regarding dismissal of workers, ie they must be motivating for employers regarding retention of employment, not only in terms of retaining workers for an indefinite period, but also permanent seasonal workers. . “It is the only way to maintain quality and be not only the safest tourist destination, as we were until mid-August, but also the highest quality.” Marina Cvitić points out in the letter with the conviction that the Minister shares the opinion of SIKD that this sector has the potential to start the overall economy through its multiplier effects and it is extremely important to preserve jobs in tourism which are the foundation without which normalization cannot be counted on. conditions one day when the epidemic is over. The Trade Union of Istria, Kvarner and Dalmatia is the majority Trade Union in tourism in the most developed tourist regions, ie in Istria and Kvarner. The president of the union, Marina Cvitić, sent a letter to the Minister of Tourism, Nikolina Brnjac, with an appeal to advocate the urgent adoption of long-term measures and assistance to the tourism sector, which is facing a very difficult period with the primary goal of retaining workers. As a member of the Social Council for Tourism, the president of SIKD reminded that a meeting in the Ministry was requested at the beginning of August. Recognizing the fact that she took over the duty of the Minister of Tourism at the most inconvenient time for tourism and that she is facing many problems, President Cvitić emphasized that tripartite social dialogue is necessary and common interest at the moment and suggested that the requested meeting be held as soon as possible. In this way, the tradition of the new Minister of Tourism exchanging his thoughts with the social partners would continue. In addition, the president of SIKD warns that this season far fewer seasonal workers are employed compared to last year and that those who were lucky enough to be employed will work for a much shorter period compared to previous years. Permanent workers with a contract of indefinite duration who work in the redistribution of working hours, in such a way that during the seasonal summer months they work a larger fund of hours (up to 60 hours per week) thus accumulating a sufficient number of hours for winter, this season it will not work too short for workers to accumulate winter hours. Holidays or part of the holidays are usually used in the first months of the pandemic, so a large number of workers will not have hours to use in mid-October, and unfortunately no work, because even in normal winter only a few hotel facilities were open. On the other hand, there is a long period until the start of the 2021 season, for which it is still unknown when and what it will be like. In this context, the president of SIKD invites the minister to advocate for urgent measures.center_img In the letter, he points out that in the past period, the Government of the Republic of Croatia adopted measures that significantly helped the economy and the preservation of jobs. The special measures adopted for the tourism sector have significantly helped to “survive” the crisis period caused by the Covid-19 pandemic. As this year’s tourist season, although above initial expectations, is far weaker than in previous tourist years, the Union estimates that a large number of seasonal workers who expected to “patch” the household budget during the summer months will be deprived of their expectations. . Although the Trade Union is aware that the funds available to the Republic of Croatia are limited, targeted long-term measures and assistance to the tourism sector, with the obligations of those receiving these benefits to keep workers for whom they receive support for a certain period of time and after the need for subsidies ceases. for the state budget less burden than in the case of dismissal of workers. “If the Government of the Republic of Croatia does not adopt a further package of measures, long-term, which will provide support for a long time, at least until the” normalization “of the situation in tourism, we justifiably fear that there will be mass layoffs in September.” says Cvitić. Source: Union of Istria, Kvarner and Dalmatialast_img read more

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Early childhood centres like ‘kiddie prisons’, teachers say

first_imgStuff co.nz 10 February 2019Family First Comment:  Ouch! (but sadly the truth for many)… “I’m a qualified teacher and have left the sector due to bullying and an environment that does not foster best learning for children. I definitely would not put my children in a centre environment – or should I say ‘kiddie prison’. Children are cooped up for long periods of time, probably spending more time there than they do at home with their own family.”More than 200,000 Kiwi kids are enrolled in early childhood education – but teachers say parents don’t know what happens behind centres’ closed doors.A “bums on seats” approach puts children’s safety and development at risk, teachers told Stuff.The 300 services that had their licence downgraded in the past two years are the tip of the iceberg, they said, and problems could go undetected for years.Stuff readers working in ECE joined the chorus of teachers voicing concerns about the sector. Here’s what they had to say.“I have been an ECE teacher for nearly 25 years. I have three children and I never wanted to put them into daycare.“My youngest child did attend but that was only once she was was able to talk so she could tell me everything that happened.READ MORE: https://www.stuff.co.nz/national/education/110421167/early-childhood-centres-like-kiddie-prisons-teachers-sayKeep up with family issues in NZ. Receive our weekly emails direct to your Inbox.last_img read more

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STRANORLAR ELECTORAL AREA HIT AGAIN AS WATER RESTRICTIONS KICK IN

first_imgTHE Stranorlar electoral area continues with water restrictions tonight, the County Council has announced.Their statement is posted here:STRANORLAR ELECTORAL AREA Water supplies will be restricted in the following areas from 6:00pm until 8:00am ConvoyCastlefinRaphoeLiffordBallinacorTievebrackGleneelyBallybofey and Stranorlar – supply will also be turned off to the Twin Towns from midnight until 8.00am each nightSTRANORLAR ELECTORAL AREA HIT AGAIN AS WATER RESTRICTIONS KICK IN was last modified: January 5th, 2011 by gregShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

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