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IndyBar Amicus Committee: Recent Briefs - Appellate Practice News

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Appellate Practice News

Posted on: Mar 20, 2019

By Tyler D. Helmond, Voyles Vaiana Lukemeyer Baldwin & Webb

The Indianapolis Bar Association Amicus Committee recently participated in two Indiana appellate cases as amicus curiae. Both cases present interesting and unresolved procedural questions of importance to appellate practitioners, and on this basis, the committee in each case urged the Indiana Supreme Court to accept transfer and offer guidance for the bar.

IBM v. State of Indiana, 49A02-1709-PL-2006, is the latest iteration of the long-running dispute between the state and IBM concerning attempts to modernize the delivery of welfare services. In 2012, an Indiana trial court found Indiana had breached the agreement between the parties and awarded IBM over $60 million dollars. The Indiana Supreme Court ultimately reversed the majority of this ruling, found IBM had also breached the agreement, and ordered the trial court to offset IBM’s damages in calculating the new judgment. Because the State’s damages were $128 million and $49.5 million in damages were affirmed for IBM, the trial court on remand entered a net judgment in favor of the State for about $78 million dollars.

On appeal, the Indiana Court of Appeals interpreted a statute on post-judgment interest as entitling IBM to $12.7 million dollars of interest from the original judgment in 2012. The Appellate Practice Section appeared as amicus curiae to ask the Indiana Supreme Court to accept transfer and provide guidance on the applicability of post-judgment interest in circumstances like this.

Read the full brief here.

In Matter of the Civil Commitment of A.M., A.M. v. Community Health Network, 18A-MH-636, a party presented unpublished memorandum opinions to the court, and the court cited the unpublished memorandum opinions in its decision. The Appellate Practice Section appeared as amicus curiae to ask the Indiana Supreme Court to accept transfer and provide guidance on the interplay between an appellate attorney’s duties of candor, competence, diligence and prohibition in Appellate Rule 65 of citing unpublished memorandum opinions for precedent and additionally, what applicability Rule 65 has to courts themselves.

The Indiana Supreme Court granted transfer in IBM and held oral argument in February. The Court has not decided whether transfer is warranted in Matter of the Civil Commitment of A.M.

Read the full brief here.

The 2019 Amicus Committee of the Appellate Practice Section is chaired by Josh Tatum. Requests for the Section to participate as amicus curiae can be made here, and if you have any questions, please direct them to Josh at

If you would like to submit content or write an article for the Appellate Practice Section, please email Kara Sikorski at


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