Evideniary disclosure is Michael Oher of Rigsby qui tam

Evidentiary disclosure is Michael Oher protecting the Rigsby qui tam.

Nonetheless,  State Farm, Forensics, and Haag each recently took a shot – a strategic play intended to force Judge Senter to reveal his game plan.

On its face, Judge Senter’s focus on the McIntosh claim seems too narrow.  In the context of evidentiary disclosure in qui tam litigation, however, it takes on a different look  – one that makes evidence such as the McIntosh claim secondary to the scheme of the fraud.  A Fifth Circuit decision explains:

We hold that to plead with particularity the circumstances constituting fraud for a False Claims Act § 3729(a)(1) claim, a relator’s complaint, if it cannot allege the details of an actually submitted false claim, may nevertheless survive by alleging particular details of a scheme to submit false claims paired with reliable indicia that lead to a strong inference that claims were actually submitted.

The “reliable indicia” include those contained in the Complaint as well as the those in the Disclosure Statement. While the Complaint is filed under seal, the disclosure statement is not.

Copies of the complaint are given only to the United States Department of Justice, including the local United States Attorney, and to the assigned judge of the District Court……the relator must serve upon the Department of Justice a “disclosure statement” containing substantially all the evidence in the possession of the relator about the allegations set forth in the complaint.

Judge Senter is not limited to McIntosh as the sole example of a policyholder claims documenting wind damage fraudulently claimed as damage from flood and billed to the NFIP.

The policyholder claims referenced in the evidentiary disclosure and any related documents contained therein –  including supplemental disclosures made by the relators – are also evidence of the scheme stated with particularity in the Rigsbys’ complaint .

Regardless of allegations to the contrary, the policyholder claims handling records copied by the Rigsby sisters were evidence of the scheme – a protected action, as well as a properly served supplemental disclosure.

Thus evidentiary disclosure is Michael Oher protecting the Rigsbys’ qui tam complaint from plays that only make sense if the Court is playing by State Farm’s rules:

Although State Farm filed the Company’s first amended answer only after Judge Walker issued an order granting the related motion, no defendant filed a motion seeking leave of the court to file these documents.

Haag’s answers, for example, fail to meet the related requirements of the Department of Justice:

Each named defendant has the duty to file an answer to the complaint or a motion within 20 days after service of the government’s complaints.

However,  Haag’s late in the game effort is far from the only deficiency in the firm’s position.  Stay tuned as SLABBED takes a closer look.

4 thoughts on “Evideniary disclosure is Michael Oher of Rigsby qui tam”

  1. Late filings from an insurer? No problem in Judge Walker’s magic jurisdiction for insurers. The stories I’ve been told….ex parte communications between MSSD court clerks and insurance defense lawyers, Walker issuing orders in matters which he had no jurisdiction, document leaks from chambers to David Rossmiller and late night motion extensions. The stench – it stinks to high heaven.

    So you have these lawyers for HAAG and Forensics that treat Magistrate Walker like he is their beetch – because he is.

    It’d be nice to see the rule of law more than once in a blue moon at the Dan Russell federal courthouse in Gulfport. Don’t expect it in Magistrate Walker’s courtroom though.

    And yes once again I’m cursed with more knowledge than I am able to post in order to protect our sources.

    sop

  2. Now, I’m sorry I deleted my “bottom line” that pointed out the problem of Judge Walker being no Michael Oher!

    You’re telling me that not only does he not tackle when a defendant insurer tries to hit from the blind side, he opens up the hole. Disgusting!

  3. Walker is doing what he is told. The power that runs the roost is Judge Wingate of Paul Minor railroading fame.

    We need Judges that dispense justice, not just us.

    Barack you listening dude?

    sop

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