Day: June 15, 2009

SLABBED Daily – June 15

It has not been difficult to find disturbing news for some time now – which is my way of saying that I had much to choose from when I selected this TPM story on the Americorps IG Firing for today’s SLABBED Daily.

A couple of comments before the story:

  • Senator Grassley’s commitment to the independence of  federal inspector generals is commendable – and much more impressive than his twittering or the “fact-finding ability”[sic] of the IG investigating fraud in NFIP following Katrina.
  • Obama will have to change more than the Inspector General – Americorps “administrative red tape” traps many community-based programs.

Now, the TPM “muck” on the situation:

On Friday, we took a look at the White House’s firing of Gerald Walpin, the inspector general of the Corporation for National and Community Service, who had clashed with an Obama ally, Sacramento mayor Kevin Johnson…

But we’re not the only ones asking for more information. ABC News reports that Sen. Charles Grassley, (R-IA) has sent a letter to the chair of CNCS asking for all relevant information and documents pertaining to the firing.

Here’s the back story Continue reading “SLABBED Daily – June 15”

about the video of oral arguments in Corban v USAA

Submitted as comment, this review of the Corban video is a must-read that contributes much to the discussion. h/t Brian Martin

Aside from interesting reading, these comments provide background for the post  I’m writing on cases currently in litigation and I’ve taken the liberty of adding links and bringing the comments forward as a post.

I recommend the video of the oral arguments.

USAA’s attorney tries to make their position seem reasonable by acknowledging some burden of proof in the oral arguments though he did not acknowledge that burden in motions and USAA has not applied that burden in practice.

Nationwide’s attorney then clumsily stated ACC the way most companies actually applied it and the Justices jump all over him. Continue reading “about the video of oral arguments in Corban v USAA”

brief? Not if it’s 125 pages – a MRGO post-trial update

Post Trial Briefs–no Findings of Fact or Conclusions of Law are required to be filed and are optional. Briefs cannot exceed 125 pages…

  • Plaintiffs’ Post-Trial Memorandum shall be filed by June 18, 2009.
  • Defendants’ Post Trial Memorandum shall be filed by July 20, 2009.
  • Plaintiffs’ Reply Memorandum shall be filed by August 3, 2009.

With the issues Judge Duval wants briefed, 125 pages may be a bit of a squeeze, as these examples from the three-page list in his Order detailing the post-trial briefing schedule suggest:

  • Explain why some levees failed and others did not and how that supports the Plaintiffs’ theory of front side erosion and lateral subsidence.