Carothers files rebuttal to Moultrie's response and makes it a ballgame!

If law is a sport, welcome to the Super Bowl with Freeland v Rideout shooting word-filled cannons down field like they were Manning and Farve.

Rideout held Team Moultie scoreless in the first quarter and Moultie came back in the second.

The score was even at the half.

While the “devil is in the details,” Carothers and Moultrie apparently agree that the correct statement of the test to be applied by the court is that quoted by Carothers in its original Memo and likewise quoted in full by Moultrie in his Memo. As stated by the Court in United States v. Ball:

[I]n order for the court to authorize Rule 17(c) subpoena, the moving party must be able to describe specific documents, or, at least specific kinds of documents. [cit.] Moreover, the moving party must specify why the materials are wanted, what information is contained in the documents, and why those documents would be relevant and admissible at trial. (citations omitted). Without detailed information on the requested documents, a court is only left ‘to speculate as to the specific nature of their contents and relevance.’ (citing United States v. Arditti, 955 F2d 331, 346 (5th Cir. 1992) (emphasis added)

With the butt-kicking rebuttal filed today, Rideout has pulled Team Carothers so far ahead in the third, it’s going to be hard for Moultrie to catch up. Continue reading “Carothers files rebuttal to Moultrie's response and makes it a ballgame!”

Paul Minor has NOT been denied in his motion for an appeal bond to visit his dying wife. Corrected: Government Opposes Minor's appeal

Larisa Alexandrovna, the Managing Editor of Investigative News for Raw Story and who regularly reports on intelligence and national security matters has got the scoop on Paul Minor’s having been denied motion being opposed by the government in his motion for an appeal bond to visit his wife.

Paul Minor, a Mississippi trial lawyer famous for taking on big tobacco in the 1990s and now imprisoned on what many consider to be questionable corruption charges, has been denied in his motion for an appeal bond to visit his dying wife.

The primary grounds for denial offered by Justice Department attorneys is that letting Minor visit his wife would present “a danger to the community.” They cite an “incident” when he was found drunk and escorted out of a hotel by security while free on pre-trial bond, after which he was ordered to attend treatment for alcoholism, as well as an occasion when he met with a hurricane expert at a restaurant near his home while he was supposed to be under house arrest. Continue reading “Paul Minor has NOT been denied in his motion for an appeal bond to visit his dying wife. Corrected: Government Opposes Minor's appeal”

Breaking: State Farm's motion to seal held moot by Walker's denial of Scruggs motion to seal

Both sides were playing the “seal” gameState Farm and the Scruggses – a point that appears to be lost in related reports

Convicted attorney Richard “Dickie” Scruggs and his son want to prevent their sworn testimony in a Hurricane Katrina lawsuit from becoming public and “undermining the presumption of innocence” if they face criminal charges in the future.

…and Judge Walker sent both to the bench when he issued this Order. Continue reading “Breaking: State Farm's motion to seal held moot by Walker's denial of Scruggs motion to seal”

New Legal Developments in Louisiana State Farm Wind-Water Litigation

I’ve added a new left hand section called blawgroll where our readers can find good insurance legal case coverage and commentary. Joining Chip Merlin in our new blawgroll is Insurance Law Hawaii, which landed on my radar screen thanks to Brother Bruce’s sharp eye at the Ladder. Robert and Trey are Joe Friday like in their commentary just sticking with the facts. Yesterday they covered Perrien v. State Farm Ins. Co. a case where the issues seem straightforward. We have covered payment apportioning many times here on slabbed including Weiss v Allstate, where the Eastern Louisiana District Courts took the oddball position that an insured’s acceptance of a flood check essentially means an insurer gets away with a bad adjustment and claims dumping.

Here is an excerpt from Insurance Law Hawaii on Perrien:

The insureds’ home sustained significant damage from Hurricane Katrina. State Farm provided both flood insurance and homeowner’s insurance on the property. State Farm paid policy limits under the flood policy, $152,900 for dwelling damages and $52,900 for contents/personal property. Under the homeowner’s policy, State Farm paid $9,125 for dwelling damages, $400 for contents damages, and $11,564 for Loss of Use of the home. State Farm denied the remainder of plaintiffs’ claim under the homeowner’s policy because the additional damage for which recovery was sought had resulted from flood, an excluded peril under the homeowner’s policy.

The insured filed suit seeking to recover the policy limits under their homeowner’s policy as well as asserting a claim for bad faith based on State Farm’s arbitrary and capricious failure Continue reading “New Legal Developments in Louisiana State Farm Wind-Water Litigation”

Life of a 6 Figure Cat Adjuster After Katrina

Since the latest round of depositions has the folks at Dunn Carney and Yall politics very excited with new revelations involving the sex lives of the Rigsby sisters I thought I’d post a picture of the working conditions these highly trained, licensed professionals had to work under on the coast post Katrina. My own adjuster had the added bonus of experiencing the smell of tons of three week old rotting chicken and pork belly that littered my neighborhood in West Gulfport. Certainly this must have been great stimulus for her libido. More on this Renfroe adjuster in a bit.

I noted over the weekend several of our regular commenters corrected the notion that a good cat adjuster didn’t make great money, especially after the 2004 hurricane season. In hindsight Sid’s comments were also a signal of the renewed Rigsby sister character assassination to come.

Make no mistake this is all out war as State Farm and their shill apologists try to crush the Rigsby sisters before their very specific and detailed allegations of claims dumping on the NFIP are explored. The slabbed here know this and how this perverted use of the legal system has diminished justice for us and every taxpayer that was likely bilked into paying for wind damage that should have come from the treasury of a private insurer. Continue reading “Life of a 6 Figure Cat Adjuster After Katrina”

Former Insurance Commissioner Jim Brown on Rising Louisiana Insurance Rates

Our local readers certainly remember Jim Brown as the former Louisiana Insurance Commissioner who was railroaded by the Feds in the late 90’s. Jim also reads slabbed.

He sent me the full text of his blog’s feature article and I’m reproducing it fully here at slabbed. There may have been a tech mixup with our last exchange of emails Jim so if I’m taking too much liberty please let me know. This new “publish to blog” feature in office rocks!

sop

Thursday, July 26th, 2008

Baton Rouge, Louisiana

LOUISIANA LEGISLATURE IGNORES RISING INSURANCE RATE

Two years ago, Louisiana legislators were demanding rate relief for thousands of homeowners and drivers who were witnessing skyrocketing insurance rates. Cries were heard from the steps of the state Capitol urging the Governor to support subsidies in order to lower the cost of insurance. Lawmakers were calling for an insurance summit to deal with a growing crisis throughout the state. So where are we now? Louisiana continues to lead the country in high insurance rates. And in this past session of the Legislature, lawmakers passed legislation that will raise the cost of insurance across the board even more. 

Not only does Louisiana have the highest insurance rates in a broad range of categories, Continue reading “Former Insurance Commissioner Jim Brown on Rising Louisiana Insurance Rates”