Day: August 11, 2009

My partner Nowdy says she is a justice blogger……

Well then, here is an injustice that is literally crying out for her considerable talents, the travesty that former New Orleans Saints linebacker extraordinaire Rickey Jackson has not been inducted into the Pro Football Hall of Fame. John Deshazier has the sports story for the Times Picayune:

Another NFL Hall of Fame enshrinement weekend has passed.

Silently, again, in New Orleans for Saints fans, who by now should have celebrated the induction of former Saints linebacker Rickey Jackson to the Hall, but continue to watch the selection committee overlook “City Champ” as if Jackson never existed.

That’s not so much a slap at the credentials of the players and contributors who’ve been voted in since Jackson became eligible five years after his last season, 1995. The most recent class included former Bills defensive end Bruce Smith, former Chiefs linebacker Derrick Thomas, former Steelers defensive back Rod Woodson and former Cowboys receiver Bob Hayes. You wouldn’t win an argument in favor of any one of them being overlooked in favor of Jackson.

But certainly, you can argue that he can stand alongside them.

Somehow, the obvious perception is that Jackson was less of a player than everyone who has been selected since he became eligible. Somehow, the ultimate honor continues to elude a player whose numbers – and impact – merit inclusion.

“It’s not even a question,” said former Saints quarterback Bobby Hebert, who played all seven of his Saints seasons (1985-89 and 1991-92) with Jackson (1981-93). “To me, it’s not even a question. Continue reading “My partner Nowdy says she is a justice blogger……”

Judge Senter’s decision on Relator’s claim of Retaliatory Discharge raises question – Where’s the evidence?

There is no evidence in this record to indicate State Farm had the authority to terminate the Relators’ employment status. Accordingly, I will grant State Farm’s motion for summary judgment on this portion of the Relators’ claim.

In awarding State Farm summary judgment on this point, Judge Senter put his yardstick for all decisions on the table – evidence and controlling law.

However, his decision on the Relators’ Claim for Retaliatory Discharge from Their Employment begs the question – Where’s the evidence?

In a zoo? Exactly. Isn’t that where seals usually do their tricks? In this case, the zoo is the Federal Court for the Northern District of Alabama and the trick seals do in that zoo is shield evidence – the contract between E.A. Renfroe and State Farm, for example.

Knowing what evidence is needed begs a second question that in turn begs a third – Could the Rigsby sisters overturn this decision? and, in their position, Would you focus on winning every battle or winning the war?

E.A. Renfroe  provides adjusters under contract with the Company to separately contracted insurance companies and other entities.  Not all employee leasing and temporary help agencies are as specialized as Renfroe but all professional employer organizations (PEO) contract with individuals and separately contract with employers.  However, these agencies are “third parties” and the contracting employer retains the authority to hire and fire, set compensation and other terms of employment. Continue reading “Judge Senter’s decision on Relator’s claim of Retaliatory Discharge raises question – Where’s the evidence?”

The Sun Herald picks up the coverage of Judge Senter’s decision in Ex Rel Rigsby

Michael Newsome has the Sun Herald story:

A federal judge ruled Monday that whistleblowers Cori and Kerri Rigsby can testify in the lawsuit the sisters brought against State Farm alleging the insurer defrauded the government through claims filed after Hurricane Katrina.

U.S. District Judge L.T. Senter Jr. also asked State Farm Monday to turn over details of certain claims that the company filed through the National Flood Insurance Program. The Rigsbys’ suit alleged the company defrauded the federal government by wrongfully denying homeowner’s insurance claims and shifting the burden for the storm’s damage to the taxpayer-funded NFIP.

A previous order in a different case had prohibited the two from testifying in civil suits against State Farm, but the Risgbys had asked Senter whether that would apply to the current proceedings. Senter said the matter at hand was substantially different than previous actions. He said the two, who worked as insurance adjusters for E.A. Renfroe, a company State Farm used after Katrina, “have relevant knowledge” and should be permitted to testify in all further proceedings. Continue reading “The Sun Herald picks up the coverage of Judge Senter’s decision in Ex Rel Rigsby”