Day: June 24, 2008

Renfroe v. Rigsbys in Alabama

I always wondered why Renfroe was suing the Rigsby sisters in Alabama. They didn’t think Renfroe was the problem on the coast, just State Farm. Yesterday, they filed their Supplemental Briefs in Support of their Motion for Summary Judgment on Renfroe’s Claim of Breach of Contract (1) and on Renfroe’s Claim of Breaching Alabama Trade Secret’s Act ATSA (2). And Judge Acker sure has been busy since he got back from his trip to Greece. He issued quite a few orders in the case. Continue reading “Renfroe v. Rigsbys in Alabama”

Judge Walker steps out of bounds with latest Order in McIntosh

Bellesouth has a loaded post on Renfroe v Rigsby that will be up shortly with an update on the action in Alabama. Which is my way of saying that somehow I missed Judge Walker’s latest among all the Rigsby documents we had today and owe a h/t to Y’all for the Order.

Once again we see the Mississippi – Alabama game playing out in McIntosh; but, Walker seemed to be sorting things out rather well until the last sentence and then he stepped out of bounds.

This Court will not enter a protective order to preclude State Farm from discovering the State Farm documents Rigsby stole. (emphasis added)

Way out of bounds, IMO – so far out that the only call can be for him to step down as the absence of the word “allegedly” indicates his mind is made up.

Well, mine is made up, too – and with a picture worth a thousand words, here what I think of the effort the courts have made to search for justice due the Rigsby sisters. Continue reading “Judge Walker steps out of bounds with latest Order in McIntosh”

In Flagrante Delicto: Kinky Things Happening in Perdigao v Adams and Reese

Thanks to a reader we have a Perdigao v Adams and Reese update. Here is Jamie Perdigao’s detailed response to the Adams and Reese motion to dismiss.  I found this quote and hope some of our lawyer readers can help me gain clarity on this passage found on page 5 of the document.

A motion to dismiss an action for failure to state a claim “admits the facts alleged in the complaint, but challenges plaintiff’s right to relief based upon those facts.” Ward v. Hudnell, 366 F.2d 247, 249 (5th Cir. 1966); Nolen v. Nucentrix Broadband Networks, Inc., 293 F.3d 926, 928 (5th Cir. 2002); see also, Rubinstein v. Collins, 20 F.3d 160, 166 (5th Cir. 1994). Dismissal cannot be upheld unless it appears beyond doubt that the plaintiffs would not be entitled to recover under any set of facts that they could prove in support of their claim. Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Worsham v. Pasadena, 881 F. 2d 1336, 1339 (5th Cir. 1989). Continue reading “In Flagrante Delicto: Kinky Things Happening in Perdigao v Adams and Reese”

Dollar Bill Jefferson: Anything You Say Can and Will Be Held Against You

Bruce Alpert at the Times Picayune has the story about today’s ruling that went against the Congressman along with some good background on his arrest:

U.S. District Court Judge T.S. Ellis III today rejected Rep. William Jefferson’s efforts to declare off limits the comments he made to FBI agents before a 2005 search of his New Orleans home.

Jefferson, D-New Orleans, had argued that FBI agents had followed him to the bathroom and made him fell like a prisoner in his own home and therefore any comments he provided should not be allowed in his public corruption trial in Alexandria, Va., now scheduled for Dec. 2.

But Ellis said he found no evidence of “strong arm tactics, or deceptive stratagems” or any indication he was subject to “restraints of the sort generally associated with formal arrest,” and therefore his comments could be used by prosecutors. Continue reading “Dollar Bill Jefferson: Anything You Say Can and Will Be Held Against You”

Breaking: Judge Senter Loses Patience With The Farm and Threatens Sanctions

We have quotes from his order following Anita Lee’s Sun Herald story in the case of Balius v State Farm:

Judge L.T. Senter Jr. sternly reiterated his order that State Farm and policyholders’ attorneys stop their “internecine and acrimonious warfare” and focus on resolving their cases.

Senter has issued an opinion that grants a request for relief to policyholders’ attorneys Lumpkin & Reeves of Biloxi, who represent Craig and Carol Balius. They are suing the insurance company over uncovered Katrina damage.

Senter said State Farm has misconstrued his opinion in another case and is wrongfully withholding pre-trial discovery, or company information requested by Lumpkin and Reeves to prepare the Balius’ case. Continue reading “Breaking: Judge Senter Loses Patience With The Farm and Threatens Sanctions”

Around the GO Zone in 60 Seconds: Buttheads at FEMA, Biloxi Insurance, Katrina Funding Fight Appears Lost and the Road Home Streamlined

With start our tour with two stories from the Clarion Ledger, the first on FEMA’s freeze on disaster ice deliveries:

Federal officials say they will stand by a plan to stop supplying ice to disaster victims, despite harsh criticism from 4th District Rep. Gene Taylor, who has referred to the officials as “buttheads” over the issue.

“States and local governments are in the best position to provide needed resources in a timely manner following a disaster,” Alexandra Kirin, a spokeswoman for the Federal Emergency Management Agency, said Monday.

Taylor, a Democrat, wrote to FEMA Administrator David Paulisonearlier this month, asking him to reverse a decision to provide ice only for medical reasons.

The letter was sent a few days after Taylor attended a meeting of the Hancock County Board of Supervisors, where he referred to FEMA officials as “a bunch of buttheads,” Taylor’s legislative director, Brian Martin, confirmed Monday. Continue reading “Around the GO Zone in 60 Seconds: Buttheads at FEMA, Biloxi Insurance, Katrina Funding Fight Appears Lost and the Road Home Streamlined”

Louisiana Citizens Raises Rates and Gives Complimentary Tube of Vaseline With Policy Renewals

Each State’s insurer of last resort is set up differently so I’ve hesitated to compare our Wind Storm Underwriting Association with Louisiana Citizen’s Insurance, which our readers may recall has been embroiled in a scandal involving the former management team.

So while our Insurance Commissioner Chaney has browbeat the Wind Pool into lowering agent commissions while actually cutting rates, the team at Citizen’s is just getting around to raising them and the increases are not the nickel and dime variety. Our sincerest slabbed condolences to our Louisiana brothers and sisters still stuck with their state’s insurer of last resort. Rebecca Mowbray has the story for the Times Picayune:

Homeowners insurance rates at Louisiana Citizens Property Insurance Corp. will increase by a statewide average of 18 percent in October as premiums at the state-sponsored insurer catch up with the dramatic run-up in prices from private companies after Hurricane Katrina.

The rate increase is the first to take into account the changes in the private market since the storm. Barring another hurricane sending shocks through the insurance market this season, customers are unlikely to see further increases at Louisiana’s third-largest residential insurer.

“This is probably it,” said John Wortman, chief executive of Citizens. “I think we’re probably reaching the peak of rates now.” Continue reading “Louisiana Citizens Raises Rates and Gives Complimentary Tube of Vaseline With Policy Renewals”

Beef Plant Trial of James Drapier Delayed So the Case is Well Done

Jimmy Gates at the Clarion Ledger has the story:

For the second time, the federal trial for a Tennessee refrigeration company sales representative charged with pocketing funds designated for equipment at the failed Mississippi Beef Processors plant in Oakland has been delayed.

The trial of James Draper of Mount Juliet, Tenn., had been scheduled for today in Oxford.

But U.S. District Judge Michael Mills has rescheduled the trial for July 21. The trial was originally set for May 9, but Draper’s attorney, Kenneth Coghlan, asked for a delay. No reason was given for the latest delay.

Draper is charged with devising a scheme to defraud the state of Mississippi and money laundering. Continue reading “Beef Plant Trial of James Drapier Delayed So the Case is Well Done”