Day: July 8, 2008

Renfroe v Rigsby and the "magic jurisdiction" of the Miscellaneous Case

One thing that’s for certain is that there’s never a dull moment with Judge Acker around. Take, for example, his June 27th opinion and order stating discovery in the above-entitled miscellaneous case is STAYED, except to the extent the parties agree.

What the miscellaneous case turns out to be is one transferred from Illinois and combined with Renfroe v Rigsby just long enough to work a little magic and see if the Rigsby sisters will disappear before anyone orders State Farm employees to testify about what really happened in claims handling after Katrina. Given this quote reported by WLOX in October 2006, the last sentence should have read a little more magic.

The company claims its employees risk incriminating themselves if they testify in civil cases before the criminal probes are completed.

“State Farm’s interest in having a fair opportunity to defend itself in this civil proceeding would also be jeopardized if the depositions of these four individuals are permitted to go forward,” the company’s attorneys wrote in court papers.

Watch this slight-of-hand and see if you catch the trick. Continue reading “Renfroe v Rigsby and the "magic jurisdiction" of the Miscellaneous Case”

"The past isn't dead" – Walker's order revived State Farm motion; deposition of Scruggses scheduled

After reading Anita Lee’s story on the upcoming deposition of the Scruggs, I pulled Notice to take Deposition of Dickie and Zach from a post Nowdy had in drafts to give SLABBED readers the rest of the story.

State Farm has been attempting since November to take the Scruggses’ pretrial testimony, called depositions, in the McIntosh case. Spokesman Fraser Engerman would say only that the company is seeking the testimony for its defense.

“I’m not sure what State Farm is trying to get at with the deposition,” said the McIntoshes’ new attorney, William F. “Chip” Merlin. “It seems they’ve already gotten their 10 pounds of flesh from Dickie Scruggs and everyone who worked for him.”

As Faulkner said, the past isn’t dead, it isn’t even past – and that’s certainly true in this situation.

Background information is in these posts: Dickie and Zach tell State Farm to find another party and Judge Walker serves the Rigsby sisters to State Farm on Silver Platter.

This is certainly a stalling tactic. State Farm is playing Renfroe v. Rigsby v. McIntosh v. State Farm v. Rigsbys like a merry-go-round until they can sling off. Anything but litigate these cases because they don’t have a leg to stand on obviously.

"The Language of Loss" re: Lisanby v USAA

Little did I know that getting to know the artists of the Bay’s colony – the highlight of my 4th of July staycation – would lead me to a better understanding of Lisanby v USAA. However, that’s exactly what happened when I discovered the literary art of Ellis Anderson and the incredible photographs of Joe Tomasovsky – The Language of Loss.

Thus, today I face the dual challenge of directing SLABBED readers to the relevant text and photograph without benefit of a full night’s sleep – so let’s get started.

IMO, concerns about the validity of the Linsanby’s claim are due in large part to the photograph showing the first floor out and related evidence of the second floor with little damage.

  • At one point there was mention that a mirror was still hanging on the first floor – evidence intended to show that the wind could not have been source of damage.
  • Click on the link to the Language of Loss – it’s blogspot so your option is to scroll down the first section until you see a Tomasovsky photograph “The Living Room”.
  • The entire front of the building is gone – but you’ll see a living room that looks as if nothing at all happened. Although it’s on the second floor, it’s important to remember the distance between the Bay and Pascagoula relative to the eye of Katrina.

Next, on the issue of wind versus water. Continue reading “"The Language of Loss" re: Lisanby v USAA”