Grilletta, Gagne, Aiken – just a few thoughts and a little more

As this eventful week heads into the weekend, we have a lot to think about – and not a lot of time for reflection as the replys on the various motions in Gagne v State Farm are due tomorrow!  There were two motions that I’ve yet to cover that I’ll try to pick up at some point: Gagne’s Response to State Farm’s motion for partial summary judgment and Gagne’s Response to Exponent’s motion for summary judgment

Before I checked into the Aiken appeal, I would have guessed Exponent had a shot at some point.  However, Aiken is appealing what Sop called and objected to at the time –  the free pass given Rimkus.  Aiken obviously objected, too, and must have been loaded with information as USAA was able to get a significant reduction in their Bill of Costs after costs attributable to Rimkus were disallowed per this Order from Judge Senter. Revisit Sop’s post when you have time, it’s interesting and so are the comments from an engineer who had a good bit to say about the decision.

Unfortunately, there are no details about the basis for the Aiken Appeal.  We are limited to what’s on Pacer other than the documents that appear in our email from time-to-time.  Appeal documents are particularly difficult to find.  I should add that even with Pacer, we have to somehow find out a case is active. (tips are always welcome)

Grilletta reminded me of a post I’d planned to write about the March deadline facing the NFIP.  How can anyone claim wind coverage is available with a straight face? Policies are available for purchase; but, for obtaining actual coverage for wind damage is an entirely different matter – somewhat like Carol Burnett’s description of having a baby is as easy as pulling your bottom lip over your head.  Grilletta also made non-lawyer me wonder why cases in the same circuit related to the same event aren’t exempt from restrictions placed on out-of-state conduct.  Personally, I can’t think of anything more relevant.

Speaking of relevant, the Washington Post had PBS Frontline producer June Cross online Wednesday discussing “The Old Man and the Storm”.  The conversation makes an interesting read and several mention Mississippi Congressman Gene Taylor’s legislation.  Her website is still not active but keep checking

Have a great weekend and get some rest – next week promises to be as busy and interesting as this one.

4 thoughts on “Grilletta, Gagne, Aiken – just a few thoughts and a little more”

  1. I’m working on another post examining Grilletta’s fact patterm under Mississippi law. For instance there are differences in extra contractual damages calculations. The larger question in my mind is whether the fact pattern in Grilletta would constitute insurance bad faith here in Mississippi. I think the answer is yes. I’ll have more in another post.


  2. SOP, if I can post this without you dropping the F bomb and acting like a child…. word from my SF agent is that the RICO suit has been SETTLED. I would have preferred the trial but it is what it is.

  3. It ain’t me that hides my IP addy sweetpea. Sprout some nuts and act like a man, then maybe I’d have some respect for you.

    As to the substantive part of your comment I suspect your agent is a good source. I look forward to seeing what hits PACER.


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