BREAKING – Acker sends Renfroe v Rigsby to trial (part 2 related orders)

Judge Acker issued and/or referenced five additional Orders related to his decision grant both Renfroe and Rigsby the partial summary judgments reported earlier in Breaking – Acker sends Renfroe v Rigsby to trial.

Three of the five were orders finding motions moot that were addressed in the Opinion Memorandum linked in the first post.

Because the evidentiary materials to which plaintiff and defendants have objected and have moved to strike have not been used by the court in reaching its conclusion under Rule 56, they are moot, and will be so designated by orders separately entered. Continue reading “BREAKING – Acker sends Renfroe v Rigsby to trial (part 2 related orders)”

BREAKING – Acker sends Renfroe v Rigsby to trial

With the 11th Circuit’s decision boxing him in, Judge Acker issued an Order today granting Renfroe a partial Summary Judgment on their claim the Rigsby sisters breached their employment agreement and set a pre-trial hearing for January 09, 2009.

Acker’s Order also granted the Rigsby motion for Summary Judgment and Dismissed with Prejudice the Renfroe case claiming the sisters violated the Alabama Trade Secrets Act.

Let’s leave Acker in the 11th Circuit box for a moment and move to his decision on the alleged violation of the Alabama Trade Secrets Act and the related Memorandum Opinion

There are cross-motions for partial summary judgment on Renfroe’s claim that the Rigsbys violated the Alabama Trade Secrets Act (“ATSA”), Ala. Code §§ 8-27-1, et seq., by disclosing documents illegally accessed from the computers of State Farm, the customer of Renfroe. Renfroe’s ATSA claim is plagued with problems…

First, the court is not convinced that ATSA was designed tocover a fact situation, or a document theft, like this one…Second, the Rigsbys assert that Renfroe lacks standing to assert a claim under ATSA because Renfroe did not own the stolen documents and, therefore, did not own any “trade secrets” contained within them…The Rigsbys next argue that ATSA did not govern their conduct because what they did undisputedly took place in Mississippi, and that ATSA does not apply extra-territorially…

The court finds that there is no extra-territorial reach for ATSA, and that the mere fact that the Rigsbys were employed by a company with its principal place of business in Alabama cannot lead to the conclusion that the Rigsbys’s conduct in Mississippi is governed by an Alabama law that may or may not proscribe their conduct…

For these separate and several reasons, the Rigsbys’s motion for partial summary judgment on the ATSA claim will be granted, and Renfroe’s counter-motion will be denied.

In Acker’s decision to grant Renfroe partial summary judgment on the claimed violation of the employment contract, you clearly see the box provided by the 11th Circuit. Continue reading “BREAKING – Acker sends Renfroe v Rigsby to trial”

Perdigao's Puzzle – do the pieces fit?

As a “welcome back” to SLABBED reader and Saint’s Fan AKA you-can’t-trick-Rick, I’m tossing a few pieces of Perdigao’s Puzzle on the table at the Do Slab Inn and BYO Pub.

1st Piece: Unsealed – an I shaved my legs for this? moment

While some were in “jolly old…” cheering the Saints, the USA’s office was cleaning house – literally – searching for the office copy of Perdigao’s appearance bond – and no more successful that I’ve been at finding my other silver earring.  I’m still looking for my earring; but the USA filed a Motion to unseal and copy that Judge Fallon granted (surely with a smile) and today I noticed this entry on the docked.

11/02/2004 Minute Entry for proceedings held before Magistrate Judge Louis Moore, Jr: Bond Hearing as to James G Perdigao held on 11/2/2004. (Court Reporter Magistrate Clerical.) (Attachments: # 1 Appearance Bonds) (dno, ) (Entered: 10/24/2008)

There’s a pretty big gap between what non-lawyer me expected to see as “conditions” that he violated by allegedly hacking and swapping and the conditions stated in the appearance bond posted on the docket – hence my reference to an “I shaved my legs for this?” moment.

2nd Piece: The Do Shack Inn and Internet Cafe or a secret hideaway?

Continue reading “Perdigao's Puzzle – do the pieces fit?”

Perdigao’s Puzzle – do the pieces fit?

As a “welcome back” to SLABBED reader and Saint’s Fan AKA you-can’t-trick-Rick, I’m tossing a few pieces of Perdigao’s Puzzle on the table at the Do Slab Inn and BYO Pub.

1st Piece: Unsealed – an I shaved my legs for this? moment

While some were in “jolly old…” cheering the Saints, the USA’s office was cleaning house – literally – searching for the office copy of Perdigao’s appearance bond – and no more successful that I’ve been at finding my other silver earring.  I’m still looking for my earring; but the USA filed a Motion to unseal and copy that Judge Fallon granted (surely with a smile) and today I noticed this entry on the docked.

11/02/2004 Minute Entry for proceedings held before Magistrate Judge Louis Moore, Jr: Bond Hearing as to James G Perdigao held on 11/2/2004. (Court Reporter Magistrate Clerical.) (Attachments: # 1 Appearance Bonds) (dno, ) (Entered: 10/24/2008)

There’s a pretty big gap between what non-lawyer me expected to see as “conditions” that he violated by allegedly hacking and swapping and the conditions stated in the appearance bond posted on the docket – hence my reference to an “I shaved my legs for this?” moment.

2nd Piece: The Do Shack Inn and Internet Cafe or a secret hideaway?

Continue reading “Perdigao’s Puzzle – do the pieces fit?”

Sam Friedman on "Casino Capitalism"

National Underwriter Editor in Chief Sam Friedman’s blog entry concerning last Sunday’s 60 minute piece about speculation in Credit Default Swaps and their role in the recent implosions on Wall Street is excellent. I highly encourage our readers to pay Sam a visit and read the entire entry.  I don’t necessarily agree with his conclusions that state regulators would have had any impact curbing the abuses but I thought the overall entry was excellent.  Here is a snippet:

As CBS noted, once players packaged and passed along millions of shaky subprime mortgage loans in the form of collateralized debt obligations, buyers seeking to hedge their bets bought credit default swaps to transfer the risk of failure to others–such as AIG’s ill-fated Financial Products Division. This was essentially an insurance deal on AIG’s part, but no state regulator was permitted to oversee or restrict such transactions, and Uncle Sam didn’t interfere, either.

That meant there were no reserving standards, so AIG was allowed to become heavily exposed without having any real funds on hand if they ever had to pay off on these big-time bets. Continue reading “Sam Friedman on "Casino Capitalism"”

Sam Friedman on “Casino Capitalism”

National Underwriter Editor in Chief Sam Friedman’s blog entry concerning last Sunday’s 60 minute piece about speculation in Credit Default Swaps and their role in the recent implosions on Wall Street is excellent. I highly encourage our readers to pay Sam a visit and read the entire entry.  I don’t necessarily agree with his conclusions that state regulators would have had any impact curbing the abuses but I thought the overall entry was excellent.  Here is a snippet:

As CBS noted, once players packaged and passed along millions of shaky subprime mortgage loans in the form of collateralized debt obligations, buyers seeking to hedge their bets bought credit default swaps to transfer the risk of failure to others–such as AIG’s ill-fated Financial Products Division. This was essentially an insurance deal on AIG’s part, but no state regulator was permitted to oversee or restrict such transactions, and Uncle Sam didn’t interfere, either.

That meant there were no reserving standards, so AIG was allowed to become heavily exposed without having any real funds on hand if they ever had to pay off on these big-time bets. Continue reading “Sam Friedman on “Casino Capitalism””

Perdigao and the itch he had to scratch

One way of thinking about the allegations about Perdigao’s Walmart “swapping” is that the behavior is consistent with his banking of A&R fees – or what some would describe as “an itch he just had to scratch.”

Maybe so but not only am I withholding judgment until there’s more information, that’s not the “itch” I had in mind when selecting the title of this post.

Perdigao was arrested on Wednesday, the 15th, and made an initial appearance before Judge Moore on the 16th at which time, Judge Moore issued an order for medical treatment – for poison ivy.

...late at night when you’re sleeping
Poison ivy comes a creeping all around

While nothing in the record provided any additional information about his condition, it’s been my experience that when poison ivy starts creeping, there’s no more sleeping.  Consequently, I was shocked by the Continue reading “Perdigao and the itch he had to scratch”

The "F" word isn't making friends in Texas, neither is big insurance

First (another “f” word) from my morning reading, Texas officials say FEMA insensitive after Ike

Texas officials accused the Federal Emergency Management Agency of slow response and insensitivity on Monday, saying the agency has failed to provide timely help to town officials and Hurricane Ike victims who need temporary housing and money.

“It’s a tragedy, what’s going on down there,” Jack Colley, the state’s director of emergency management, told the Senate Transportation and Homeland Security Committee during a hearing on hurricane recovery…

“They have been extremely insensitive, in our opinion, to the concept that somebody cannot drive 100 miles a day to keep their job,” said Kevin Hamby, general counsel of the Texas Department of Housing and Community Affairs. “They don’t seem to care much if we lose these communities down there.” Continue reading “The "F" word isn't making friends in Texas, neither is big insurance”

The “F” word isn’t making friends in Texas, neither is big insurance

First (another “f” word) from my morning reading, Texas officials say FEMA insensitive after Ike

Texas officials accused the Federal Emergency Management Agency of slow response and insensitivity on Monday, saying the agency has failed to provide timely help to town officials and Hurricane Ike victims who need temporary housing and money.

“It’s a tragedy, what’s going on down there,” Jack Colley, the state’s director of emergency management, told the Senate Transportation and Homeland Security Committee during a hearing on hurricane recovery…

“They have been extremely insensitive, in our opinion, to the concept that somebody cannot drive 100 miles a day to keep their job,” said Kevin Hamby, general counsel of the Texas Department of Housing and Community Affairs. “They don’t seem to care much if we lose these communities down there.” Continue reading “The “F” word isn’t making friends in Texas, neither is big insurance”