"Specifically, the state has introduced no credible evidence that IBM knowingly or intentionally made any false statements to the state or any other governmental entity," according to Dreyer's order.
Before the trial got underway last month, Judge Dreyer made key rulings that substantially affected the parties' potential liability if either lost the case. On one summary judgment motion in favor of IBM, Judge Dreyer ruled the company is entitled to up to $40 million in subcontractor assignment fees provided under the contract if it prevails in its claims against the state. Under Dreyer's earlier ruling, IBM both parties could be liable to the other in excess of $100 million if it prevails at the conclusion of the trial.
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