Nationwide keeps MacGuffin in the plot with Opposition to Politz motions

Since needless repetition can suggest mental health issues, could it be that Nationwide’s handling of the Politz claim has caused the Company emotional distress, too?

Maybe so.   Defendant Nationwide’s 18-page Response in Opposition to Plaintiff’s Motion for Review of Magistrate Judge’s Order, of course, has more pages than the 12-page, trimmed-down revised version filed as Defendant’s Response in Opposition to Plaintiff’s Motion for Leave to Designate Mental Health Expert.

With enough similarities in text and exhibits to make a case for stress-related repetition, it takes a while to realize that Nationwide is making the mental health of Mrs. Politz a MacGuffin in the litigation of Politz v Nationwide:

A MacGuffin (sometimes McGuffin) is “a plot element that catches the viewers’ attention or drives the plot of a work of fiction…Commonly, though not always, the MacGuffin is the central focus of the film in the first act, and later declines in importance as the struggles and motivations of characters play out. Sometimes the MacGuffin is all but forgotten by the end of the film.

In making her mental health a MacGuffin, Nationwide employs the classic abuse strategy of blame the victim:

Plaintiff (not Nationwide) had all the relevant information about her treatment and use of antidepressant medications in order to properly retain and disclose a mental-health expert. Moreover, she had all of this information at the time she filed this action and, thus, well in advance of the Court’s original expert deadline.

Opposition to Plaintiff’s Motion to Designate Mental Health Expert

And, then, with this distracting statement in place, Nationwide builds its case with a Continue reading “Nationwide keeps MacGuffin in the plot with Opposition to Politz motions”

Dedicated to ALL our loyal readers from Yahoo Allstate

With many thanks to Mr CLS and Forrest who continually links our posts. In this episode of “The Slab Turns” Allstate lawyers from the downtown firm of Barrasso, Usdin, Kupperman, Freeman & Sarver wax nonsensical before Judge Barbier.

Judge forget about Grilletta dat dingbat Edith over at the Circuit got it all wrong. Pay attention to Louisiana Bag instead…

Unfortunately for the Barrasso folks Judge Barbier is familiar with Grilletta and Allstate’s questionable claims handling tactics. I submit there are very good reasons consumers maintain such a dim view of the bad hands people. Just ask Ms French who was shafted for the better part of 4 years by the people in Northbrook.

Allstate contends that the Court should not follow Fifth Circuit precedent regarding the amount of penalties to be awarded and should simply ignore the Fifth Circuit’s recent Grilletta case. This Court cannot simply disregard a decision of the Fifth Circuit that is directly on point. Allstate urges the Continue reading “Dedicated to ALL our loyal readers from Yahoo Allstate”