State Farm proves dispute of material fact for the Rigsbys but slabs competence of MSU faculty

Do the Rigsbys send a thank you note? I doubt Mississippi State University will.  After being blown away (no pun intended) by the motions State Farm filed in the Rigsby qui tam, I had to double check the meaning of “material fact” but found no change – to preclude summary judgment, the dispute about a material fact must also be “genuine” such that a reasonable jury could find in favor of the non-moving party.

On the surface, State Farm’s motions  to exclude all testimony of every expert witness for the Rigsbys looked like the Farm’s usual “gut the case” strategy – not even MSU’s Sinno and Fitzpatrick are good enough for the Farm.

The Rigsbys proffer the expert testimony of Dr. Sinno, an engineer, in a misguided attempt to create a genuine question of material fact in response to State Farm’s dispositive motions. Yet Dr. Sinno’s opinion is incapable of doing so because it is irrelevant, inadmissible, and immaterial. “Rule 56 states that a court may consider only admissible evidence in ruling on a summary judgment motion…Thus, to screen out incompetent summary judgment evidence, the Court must determine the admissibility of the expert’s opinion “before reaching the question whether a fact issue exists.

The Rigsbys proffer the expert testimony of Dr. Fitzpatrick, a meteorologist, in a misguided attempt to create a genuine question of material fact in response to State Farm’s dispositive motions.  Yet Dr. Fitzpatrick’s opinion is incapable of doing so because it is irrelevant, inadmissible, and immaterial…Thus, to screen out incompetent summary judgment evidence, the Court must determine the admissibility of the expert’s opinion “before reaching the question whether a fact issue exists.

These are cookie cutter motions – each virtually identical with the personalize slab inserted – but no smart cookie came up with this Eddie-Haskell-strategy of insulting Mississippi State University’s faculty Continue reading “State Farm proves dispute of material fact for the Rigsbys but slabs competence of MSU faculty”

Pump Pump PUMP Allstate Up: Dump Dump See Allstate Crash

A fool and his money are soon parted.

Evidently Jon Najarian handled the pump part, now behold the dump on the announcement of Allstate’s Q1 loss. CNBC strikes again!

Predictably the sheeple that were fleeced are now taking exception. Its not that good info wasn’t posted, it was simply ignored thus my lack of sympathy.

To those that have no choice but hold due to lockups etc, you have my condolences.  Might I suggest hedging with puts next time.

sop

SLABBED Daily – May 7

Where to start? Hoping this connection will hold is probably the best place to hang my hat before diving into the morning news.

The Clarion Ledger reports the not unexpected death of Jackson Mayor Frank Melton and surprising  return of Dick Scrugss to the federal prison in Ashland, KY.

Scruggs had been at the Lafayette County Detention center since pleading guilty in early February to a second bribery related scheme. During his plea hearing at the federal court in Aberdeen, prosecutors announced Scruggs’ cooperation had LED to further investigations.

On Tuesday, Scruggs’ attorney John Keker, who was in Oxford, would not comment.  Prosecutors have refused to comment about whom or what they are investigating, but have confirmed there is an ongoing investigation related to Scruggs.

Y’all Politics adds an even more surprising note to the Scruggs story – the much talked about  P.L. Blake has retained legal counsel that includes blogging Oxford attorney Tom Freeland, famed for his earlier representation of “beef plant” defendant Robert Moultrie and protective blogging of  long-time family friend, Judge Lackey.

Speaking of the use and misuse of information, what does an FBI investigation have in common with a spying spouse?  A reader sent the answer to that question.

At least someone was awake to answer – unlike those Asleep at the Fed who cause others to have nightmares.

If time permits and my connection holds, I’ll add new pictures of the post-Katrina coast and a couple of posts during the day.

Jim Brown on the New Deal to Keep the Saints in NOLA

Thursday, May 7, 2009
Baton Rouge, Louisiana
 

A HIGH PRICE TO KEEP THE SAINTS!

The plan seems to be “Keep the Saints at any price.” Proposals at Louisiana’s state capitol to give millions of dollars a year for decades to come is steamrolling through the legislature. Governor Bobby Jindal says the deal will “save hundreds of millions of dollars, while making what will be an incredibly successful investment ” in the state. Even the state’s largest newspaper is all a goggle, calling the proposal a “win-win-win-win situation.” But how good a deal really is it? Considering the state’s precarious financial situation with huge cuts coming in education and health care, it has to be one heck of a deal for anyone to send out cheers and accolades.

Start with the premise that any aid to Saints owner Tom Benson is even necessary at all. No other professional football team receives any state funds. Not one. And New Orleans is not all that small of a market. Teams like the Buffalo Bills and Green Bay Packers operate in similar or smaller television markets and do quite well without any state funding.

The Saints will receive $6 million in direct funding, and this is being embellished as a reduction of what the state is paying them now. But there is much more the Saints will receive that is every bit as valuable as direct payments. $85 million will come out of the state treasury to upgrade the Superdome. But the upgrades greatly benefit the Saints and mean significantly more profit. Most of the money will go towards building new luxury boxes and new club lounges, all which mean more high priced tickets for the Saints to sell. The state pays the cost, and the Saints get the income. Continue reading “Jim Brown on the New Deal to Keep the Saints in NOLA”