Officially, it’s called a “notice of intervening Fifth Circuit authority with respect to issues in “State Farm Fire and Casualty Company’s Motion to Dismiss the Amended Complaint under Federal Rules of Civil Procedure 12(b)(6) and Rule 9(b)“.
Unofficially, an “I saw mama kissing Santa Clause” so-what notice.
I’ve now read the Notice(several times) as well as the associated summary of the recent Fifth decision (attached to the Notice) – and, then, suspecting an elf up to no good, I’ve reviewed 12(b)(6) and 9(b); the Memorandum filed with the Motion to Dismiss by State Farm in April 2008; the Response the Rigsbys’ legal team filed in September according to Judge Senter’s schedule and State Farm’s October Rebuttal to the Rigsby Response.
I’ve also been mom to my visiting children and, just in case you’ve ever wondered, can tell you that nooooo one you know will be among those you see at the grocery after 5 on Christmas Eve – including the gentleman clearly looking for Christmas gifts at Kroger which makes him about as thoughtful as a State Farm attorney.
IMO the “intervening authority” does not change the picture – chiefly because there has been no discovery on this case and there are other rules that apply such as Oh, I see but in Katrina litigation is the Rule 11(b) or 42.
Personally, I’d call this Notice under Rule 42.
All persons more than a mile high must leave the court immediately.
State Farm had to be more than a mile high to grab this straw without waiting for the ink to dry.