Final Resolution of Robert’s Fresh Market v United Fire Group: The 5th Circuit Rules

Through the time I’ve spent reading and surfing non-financial blogs I’ve noticed some bloggers hold themselves out as on par with professional journalists especially in the area of the breaking news. Us bloggers are certainly more nimble not having layers of review to go through before publication for instance but that carries costs many of which are hidden from the public. Many times I refuse to incur the costs of immmediate publication which meant for me personally having to put down the Corona beer I was enjoying long enough to post the Robert’s decison from the 5th Circuit, which a reader was kind enough to email us while the paper was still literally hot from the press.

We’ve blogged on the Robert’s case when they won their large jury verdict last year along with the Times Picayune who also reported the jury verdict. I was hoping to piggyback once again from their coverage but a technical glitch has left their story a blank page today. The bottom line here is that the 5th Circuit not only affirmed the jury’s award but also increased the bad faith penalties by almost $1 million dollars as the trial judge misapplied the bad Louisiana bad faith statute calculation shorting Roberts in the process.

What is most meaningful is that certain of the judges at the 5th Circuit have learned how to correctly apply Louisiana’s bad faith insurance statute and related LA Supreme Court decisions in the area.  Our knowledge in this area is derived from the willingness of the lawyer who argued the landmark case before the Louisiana Supreme Court to spend a few minutes with us explaining the concepts which are not that complicated. Insurers remain stuck on stupid in this area disingenuously citing cases that clearly do not apply as their legal precedent in support of their arguments.

I’ve also embedded the document in Scribd for the convenience of our readers. We continue to note the irony that Adams and Reece represented the plaintiffs in this litigation, especially given our blogging on the crushing of Jamie Perdigao, which continues to attract media interest from Hollywood, California to slabbed. We do continue to hear good things about of few of them A&R guys Ray Ward being most notable.

[scribd id=18544675 key=key-ajb62jzy2kcbpts95w0]

2 thoughts on “Final Resolution of Robert’s Fresh Market v United Fire Group: The 5th Circuit Rules”

  1. Don’t be fooled too much. Judge Dennis is the only “liberal” on the 5th Circuit and his undersatnding of La. law should come as no surprise given his background as a judge with the La. Fourth Circuit Court of Appeal and La. Supreme Court. I was shocked not to see the names “Clement, Jones, Hiigginbotham, Barksdale” or some other clowns who knows nothing about La. law attached to the opinion.
    I would love to know how cases are alloted so I could figure out why the cast of usual suspects seemed to be getting all the hurricane cases.

    Also, given that the litigation involved multiple stores, easily quantifiable special damages as per La.R.S. 22:1973 and a defendant in United Fire (in state court we know this defendant as Lafayette Ins.) which is right there next to Allstate and State Farm, if not worse, the decision is not surprising.

    Lastly, the quality of lawyers was greatly one-sided. I will let you all gues who had the better team.

  2. 2222 St. Claude was severely damaged by Marc Robert’s workmen when they removed a load Robert’s work men severly damaged the building when they removed a load bearing wall in between the main store and the drug store addition. Google Earth shows the area affecting the building at 2222 st. Claude.

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