Back Pay Award Reduced Based on Laches in Class Action

The Indiana Supreme Court recently decided what could prove to be a landmark decision on the doctrine of laches in Richmond State Hospital v. Brattain, Cause No. 49S02-1106-CV-327. If you are dealing with a case involving laches, this decision is a must read.

In this class action, employees who worked in "state institutions" claimed that the State had breached its contractual duty to provide equal pay for equal work by requiring that they work 40 hours per week for the same pay as employees in "state offices" who were only required to work 37.5 hours per week. The trial court found in favor of the employees and awarded 20 years of back pay, amounting to $42,422,788. The Court of Appeals reduced that award substantially by limiting back pay to a few months for merit employees but for non-merit employees, affirmed a recovery for 20 years of damages or about $18.7 million.

The Indiana Supreme Court granted transfer and then failed to reach a majority on numerous issues, dividing 2-2. Justice Sullivan did not participate, presumably because he served as State Budget Director during the period in dispute. As a result of the 2-2 split, the Supreme Court summarily affirmed the Court of Appeals on the merit employees' claims. As to the non-merit employees, the Supreme Court was able to reach a consensus, largely in favor of the State's laches defense.

Sudan's defense minister sought by int'l court

The International Criminal Court issued an arrest warrant Thursday for Sudan's defense minister, the third senior regime official sought by the court for alleged involvement in atrocities in Darfur.

The court announced it wants Abdelrahim Mohamed Hussein arrested on a warrant containing seven counts of crimes against humanity and six war crimes including murder, persecution, rape and torture. The charges cover 41 different incidents, the court said.

Prosecutor Luis Moreno-Ocampo asked judges for the warrant in December, saying Hussein is among those who "bear greatest criminal responsibility" for atrocities in Sudan's Darfur region from August 2003 to March 2004.

Sudan does not recognize the court and refuses to hand over suspects including President Omar al-Bashir, who is accused of genocide in Darfur. His government denounced Moreno-Ocampo's request for an arrest warrant for Hussein in December.

At the time covered by the charges, Hussein was interior minister and the Sudan government's special representative in Darfur.