Affirming SJ on breach of contract complaint against IU Trustees

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Gloria J. Hayes appeals the trial court’s entry of summary judgment in favor of the Trustees of Indiana University (the “University”).  There are two issues on appeal:

(1) Whether the trial court abused its discretion in granting the University’s motion to strike portions of Hayes’ opposing affidavit; and (2) Whether the trial court erred in granting summary judgment to the University.

Conclusion (slip op. at 24):  Affirmed.

Key Analysis (slip op. at 14, 20, 21):  Our review of the record reveals that the exhibits were not properly verified . . . The University was entitled to summary judgment as a matter of law on Hayes’ breach of contract claim as she was an at-will employee, and the Human Resources Manual did not constitute a contract . . . It was incumbent upon Hayes to file notice of her claim within 180 days after her loss. This she did not do; therefore, any possible tort claim against the University is barred . . . The Legislature clearly intended to exclude the actions of the University from judicial review . . . We cannot say that either the University’s decision to eliminate Hayes’ position pursuant to a reduction in force or its classification of Hayes’ position was made in a quasi-judicial capacity. Accordingly, the University’s decisions regarding these matters are not subject to a mandate order.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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