SLABBED Daily – and Friday, too!

TEXT ONLY ORDER reducing response time re [376] MOTION to Quash Subpoena Duces Tecum to Mark Webb filed by Nationwide Mutual Fire Insurance Company, and staying any production pursuant to the subpoena duces tecum pending resolution of the motion to quash.

Response to [376] the motion to quash shall be due by 5:00 p.m. 6/13/2009...

Let’s see, now today is the 10th and the 13th is Monday.

So, that means Counsel for Mrs. Politz is free to worship at St. Motion.

and reply shall be due by 5:00 p.m. 6/16/2009

Meanwhile, Counsel for Nationwide is free to worship at St. Mattress


No further written order is needed.  The slabbed get the message!

Signed by Magistrate Judge Robert H. Walker on July 10, 2009

Also to clarify about Nancy Pelosi not coming to the Coast this month

Sometimes in cyberspace things take on a life of their own. In this case a surf bot came across some bad info that Madam Speaker was coming to another town hall meeting this month in Bay St Louis and broadcast it out into cyberspace. But that doesn’t make it so.

Not too many small towns like the Bay attract Madam Speaker 3 years running which we did. This year we’re going to let Speaker Pelosi enjoy her summer vacation in peace.  😉


duck, duck, goose – Balducci taps Delaughter

Balducci, who was questioned as part of the unrelated Eaton v. Frisby lawsuit, is expected to testify against DeLaughter, who goes on trial Aug. 17 in U.S. District Court in Oxford on corruption charges. DeLaughter has insisted he is innocent, following the law in his rulings.

The sweet potato king is back in the news – exactly how seems to be the question:

Contacted for comment about the deposition, DeLaughter’s attorney, Thomas Durkin of Chicago, remarked, “I find it very curious how a sealed document ended up in the hands of the press, and it’s more proof to me that money is the root of all evil. People will do a lot of things and say a lot of things to protect their money. Someone is obviously attempting to poison the jury venire.”

Even more curious than a sealed document ending up in the hands of the press is the difference between the babbling Balducci in the recorded conversations of Scruggs I and the standard-English speaking witness he became as a witness.

And, then, there’s the matter of the Motion to Dismiss the Indictment for Government Misconduct Occurring Before the Grand Jury. Continue reading “duck, duck, goose – Balducci taps Delaughter”

Rumors of Judge Duval’s retirement are a bit premature

A reader emailed us Troy Johnson’s heartfelt farewell to Judge Stanwood Duval that ran in the Houma Courier website that a Slabbed reader was kind enough to email in for clarification.

Judge Duval took senior status last December so while he is semi retired he remains on the bench albeit at a reduced workload.

My own opinion is that if I were a policyholder going to court in NOLA he’d be one of the judges I’d want on my case, not because he favors policyholders but because he believes the law applies equally to all the parties in his courtroom.

While Troy was a bit early in wishing the judge well his synopysis of Judge Duval’s career still makes his letter worth the read.


Eleuterius is named defendant in a second State Farm case

Pages from Anthony exhibit photos policy fema elevation
Anthony property: Pre-Katrina photograph documenting elevation before renovation/addition .

Once again, Marshall “Rocky” Eleuterius appears to be a super salesman and named defendant in Katrina litigation – first in O’Keefe and now in Anthony v State Farm.

According to the Complaint, the State Farm policy covered the Anthonys property located in close proximity to the Bay of St. Louis on the Gulf of Mexico.

State Farm and its agent Eleuterius expressly represented to the Plaintiffs that they would have full and comprehensive coverage for any and all hurricane damage to the insured residence, including any and all damage proximately, efficiently and typically caused by hurricane wind and “storm surge” proximately caused by hurricanes.

A particularly interesting section of the Complaint addresses “storm surge”. Continue reading “Eleuterius is named defendant in a second State Farm case”

Additional evidence the insurance crowd in New York marches to the beat of a different drummer

You’d think after the first time AIG paid fat executive bonuses while borrowing billions from the Treasury because of their habit of “tatooing” toxic paper they would have learned. Nope, seems the gang thinks they deserve extra for their fine work cratering the financial system in 2008. So while the nations unemployment rate skyrockets to 10% thanks to Wall Street greed millions in taxpayer dollars will be paid to the people who brought you this disaster.


Here is the Reuters story courtesy of Yahoo Finance:

American International Group (NYSE:AIG – News) is preparing to pay next week millions of dollars more in bonuses to dozens of corporate executives, a source familiar with the development said.

AIG has been talking with Washington’s newly-appointed compensation czar Kenneth Feinberg about the bonuses, which are due to be paid on July 15, said the source.

The company is reviewing its compensation plans with Washington as it tries to avoid the national furor set off by $165 million in retention bonuses paid to employees of a financial products unit in March. Much of AIG’s $99 billion in losses last year stemmed from derivatives written by that unit. Continue reading “Additional evidence the insurance crowd in New York marches to the beat of a different drummer”

SLABBED Daily – July 10 (keeping score #2)

Yesterday was a big day for Nationwide litigation.  Take a look at what settled!

O’Bannon et al v. Nationwide Mutual Fire Insurance Company et al closed 07/09/09

Hartman v. Nationwide Mutual Fire Insurance Company et al  closed 07/09/09

Williams et al v. Nationwide Mutual Insurance Company et al  closed 07/09/09

You’d think if they settled O’Bannon…oh, well, maybe Nationwide just wants to let the jury write Mrs. Politz check.

Yesterday was a busy day, but not a big day, for State Farm.  TEXT ONLY orders were issued yesterday in two of the State Farm cases SLABBED is following: Continue reading “SLABBED Daily – July 10 (keeping score #2)”

State Farm’s stinky treatment of the Stink Shak

Unlike the earlier pro se who appeared to think legal representation was not needed for a judge to do his job, the owners of the Stink Shak feel they can not afford counsel according to their Response to State Farm’s motion for partial summary judgment on plaintiff’s claim for punitive damages.

We were hopeful mediation would resolve the issue…We made an attempt to lower our offer from $55,000 to $40,000 …the Mediator suggested we get an attorney due to the complexity of the Court’s procedures.  It is not possible to attain an attorney for the amount of our loss.

That may very well be true as State Farm spares no cost in litigating Katrina claims and an attorney would be reluctant to charge these plaintiffs, a married couple, the cost.

According to their complaint, she is disabled and he is retired and in poor health.

Our combined monthly SS income is $1600.  Out of apparent necessity, we opened the store to meet our growing obligation of taxes, insurance premiums, medication, etc.  On August 25, 2005 Hurricane Katrina destroyed the store.  We were fully insured with State Farm Insurance.  I met with the adjuster approximately two months later. It was obvious a tornado had hit the building. Continue reading “State Farm’s stinky treatment of the Stink Shak”