Indiana seeks new judge after no damages awarded in IBM case

INDIANAPOLIS (AP) - Attorneys for the state of Indiana are challenging a judge's decision to award it no damages in its battle with IBM Corp. over the company's failed attempt to privatize state welfare services.

A Marion County judge ruled that Indiana largely failed "to prove damages by a reasonable certainty."

Indiana's attorneys responded by seeking a new judge to oversee the case.

The judge's Friday order follows a March Indiana Supreme Court decision finding that IBM breached its $1.3 billion state contract to automate much of Indiana's state welfare system. The order also directs the trial court to determine what damages IBM owes Indiana.

Peter Rusthoven, a private attorney for Indiana, says the state believes the judge exceeded his jurisdiction.

IBM spokesman Clint Roswell says Indiana is seeking to "prolong this case" at taxpayers' expense.