Our Perdigao legal page has been updated

We have a Perdigao motion for more time as well as Adams and Reese’s motions to oppose additional time and their motion to dismiss. All that and more can be had for absolutely free on our Perdigao legal page. As always we owe thanks and gratitude to Belle and Nowdy for getting the documents and uploading them.

We had a great traffic day today. Our thanks to all of you for taking time to stop in with us and visit.

Summertime but livin’ with old man river not easy and going to be even harder

In NOLA Levees.org has been out in force sending a message to “the nation and Congress that Louisiana deserves a 8/29 third-party independent investigation into the levee failures and that residents deserve federal flood protection that can be trusted folks” – up river Iowa officials are concerned about towns along the Mississippi River as floodwaters in the state’s eastern counties began to drain toward the river.

While some at this end of the Mississippi were fuming over a Corps of Engineers draft environmental impact report,

Folks in Iowa aren’t very happy with the Corps either – opinion up here is that the Corp left the lake levels too high for the memorial day weekend, then after that there was no time to lower them. One look at the pictures of flooding there is the only explanation needed.

So, is more of the same what folks have to look forward to from the 72-mile Morganza-to-the-Gulf levee system the Corps is proposing at a cost that would have purchased Louisana and left around $11 billion in change? Continue reading “Summertime but livin’ with old man river not easy and going to be even harder”

Jackson County’s first Circuit Court Katrina case draws top guns: A Nowdy/Sop tag team post

I’ve been waiting for Sop to blow a gasket over the State’s wind pool attorney defending USAA in the Lisanby case since it’s all about “wind” – but he’s restrained himself thus far and now I can’t.

Surely, I’m not the only one that wondered why USAA pulled in the top gun of wind on a circuit court case – maybe just the only one that did some deep digging.

While I didn’t dig deep enough to end up in China, I did find background on Lisanby lawyer Thrash – and you’ll never guess where. State Farm!

Remember the big class action case over repairing State Farm insured cars with used parts salvaged from cars that couldn’t be repaired? If you don’t, here’s a refresher – State Farm’s media backgrounder and a h/t to the “good neighbor”. Continue reading “Jackson County’s first Circuit Court Katrina case draws top guns: A Nowdy/Sop tag team post”

“THE RIGSBYS HAVE NOT MET AND CANNOT MEET THEIR BURDEN” says Who?

Who else? Says State Farm. State Farm is amazed that “the Rigsbys” (who are not lawyers, btw) do not address Rule 59(e) or the controlling case law “at all.”

2. Tellingly, the Rigsbys’ motion does not address Rule 59(e) or the controlling case law at all. This glaring omission only highlights the fact that the Rigsbys have not established and cannot establish any grounds for reconsideration of this Court’s Disqualification Order. They can point to no change in controlling law.

They refer to Rule 59 five times in the motion and seven times in the memorandum in support of the motion. At one point they even say that even though it is a “glaring omission of not referring to Rule 59” that even if they had referred to rule 59 it is the wrong vehicle.

“Nor, as this Court has held, is Rule 59 “a vehicle for a litigant to ask the Court to reconsider adverse decisions it is simply unwilling to accept.”

Well, if you look at 59(e) it is no wonder. Continue reading ““THE RIGSBYS HAVE NOT MET AND CANNOT MEET THEIR BURDEN” says Who?”

Some friendly advice from Slabbed

Lord knows we’ve written enough on the intricacies of Flood Insurance to last several life times but the one opinion I have of NFIP that will never change is those with the slightest bit of ri$k should buy it. Period, end of discussion.

I feel for the people in Cedar Rapids and what the realization of not having flood insurance must mean to those who are now flooded out due to failed levees. Matt Brady at the National Underwriter has the story:

Despite images of flooded Midwestern towns filling the news over the past few days, the devastation being wrought by rising waters is not expected to produce significant claims that further reduce the coffers of the National Flood Insurance Program.

Butch Kinerney, a spokesman for the NFIP, said that total losses for the NFIP are “so far unknown,” but that expectations are low given the low numbers of policyholders in the region. Continue reading “Some friendly advice from Slabbed”

Lisanby v USAA: How did USAA know the house was destroyed at 11:32AM on 8-29-05

We knew our house was destroyed at 11:30AM the day Katrina hit as we were riding on top of a portion of our roof in the storm surge. How USAA knew the Lisanby’s house was destroyed by flooding while the wind and water was still howling is anyone’s guess but somehow I don’t think the Admiral called it in. Anita Lee has this account of yesterday’s trial testimony:

An adjuster for USAA insurance company told a jury Tuesday experience, rather than a company plan to save money, led him to quickly conclude the federal government should pay a Pascagoula couple policy limits for flood damage to their waterfront home after Hurricane Katrina. 

An attorney for policyholders James W. and Gladys Kemp Lisanby implied through questions and USAA documents that company employees labeled the couple’s loss flood damage before Katrina ever left the Coast. Continue reading “Lisanby v USAA: How did USAA know the house was destroyed at 11:32AM on 8-29-05”

Around the GO Zone in 60 seconds: The Commish Speaks, Brownies, Jindal and The Shed

Mr CLS gave us the heads up on Monday’s insurance conference in New Orleans attended by several gulf coast insurance commissioners and members of Congress including Dollar Bill Jefferson. Rebecca Mowbray covered the event for the Times Picayune:

Catastrophic flooding and levee breaches in Iowa could help Louisiana make its case that the federal government needs to make serious investments in infrastructure, U.S. Rep. Charlie Melancon said at a forum on coastal insurance issues Monday.

“I look forward to seeing how many people in the Midwest will be interested in the issues we’ve been discussing,” Melancon, D-Napoleonville, told a gathering of 200 at the Hotel Monteleone in New Orleans. “As we go forward, we need to invest in our infrastructure.” Melancon represents many coastal parishes.

The Insurability of the Coast forum, sponsored by the America’s Wetland Foundation, the Louisiana Sea Grant College Program, the LSU Agricultural Center and the Louisiana Department of Insurance, sought to draw the connection between the strength of Louisiana’s coast and housing stock and the long-term prospects for its insurance market. The daylong forum explored insurance, land use, hazard mitigation and public policy issues. Continue reading “Around the GO Zone in 60 seconds: The Commish Speaks, Brownies, Jindal and The Shed”

State Farm’s “green thumb” is growing facts!

Need a fact and can’t find one? No problem, just grow one – but don’t expect the Extension Service to teach you how.

  • Start with Undisputed Facts.
  • Cultivate in depositions until they become Documented Assumptions.
  • Nourish until strong enough to plant as Related Claims Represented as Fact in legal documents.

Think you’ve got a Green Thumb? See if you can match this – the Deposition of Derek Wyatt, Continue reading “State Farm’s “green thumb” is growing facts!”