Time for State Farm to put up or shut up. Page 11 starts the counter attack.
Comparing these accusations against the Rigsbys’ actual testimony, it is apparent that State Farm had little regard for the truth in drafting its motion to disqualify. Where does Cori Rigsby state that she gave her counsel carte blanche to retrieve State Farm documents directly from State Farm’s database? Where does Kerri Rigsby admit “secret” [sic] meetings with Graves where State Farm’s databases were accessed?
State Farm’s unsubstantiated accusations are worthy of strong rebuke and sanction under Rule 11 of the Federal Rules of Civil Procedure. Merely hoping that Relators’ counsel was engaged in wrongdoing does not make it so. Actual proof is required. State Farm presented no proof in support of its claims because the wrongdoing it alleges is make-believe.
I found this on page 19.
State Farm treats its motion to disqualify as some sort of academic exercise where it is free to cite whatever rules and laws and legal principles it wants regardless of whether they have any grounding in fact. Yet, clearly this is not an academic exercise. This is the real world. There are real reputations being damaged by State Farm’s unsupported and unsupportable assertions. Without a wisp of evidence, State Farm has accused a former United States Attorney of committing federal crimes. This should have consequences.
Not only should State Farm’s meritless motion to disqualify be denied, State Farm should be ordered to show cause why it should not be sanctioned for making baseless accusations of wrongdoing against GBM. If State Farm does not come forward with evidence to support its accusations, then it should be sanctioned and its own attorneys disqualified from continuing in this representation.
More to come as we pull down and analyze the docs.