It’s going to happen – update on O’Keefe v State Farm

Time and again, the Courts of the Southern District have found that State Farm Mutual does not belong in the lawsuits challenging State Farm Fire’s handling of Hurricane Katrina insurance claims…

slide_2747_38345_largeThat certainly is true; however, the Court made an error.  On the other hand,  some say the day the Court corrects an error of this magnitude will  be the day pigs fly – but, according to the Huffington Post, that day has come.

Judge Ozerden, obviously, did not believe pigs could fly when he wrote, It will not be acceptable for Plaintiff to treat “State Farm” collectively in any future pleadings…(Bridgewater v State Farm) without thinking to check and learning that State Farm treat[s] ‘State Farm’ collectively.

2008annualreportNot only does State Farm treat State Farm collectively, there is no effort to keep it a secret. The best evidence, in fact, is found in the Annual Reports on the Company website. (h/t Steve)

Indeed, one can search high and low in the proposed amended Complaint annual report for allegations anything to indicate State Farm Mutual’s “own acts” [aren’t carried under different names] and none will be found

State Farm’s counsel did not consider pigs would fly at the very thought of the learned judges in the Southern District totally missing the point – State Farm Fire and State Farm Mutual are one in the same (hint: mutual, common). Consequently, Counsel follows the original version of the paragraph above with:

Likewise, one can search high and low in Plaintiffs’ Motion to Reconsider to find any recitation of allegations of State Farm Mutual’s “own acts” and none will be found.

Particularly telling is Plaintiffs’ accusation in their Motion to Reconsider that State Farm Fire is the “puppet” of State Farm Mutual. (Motion to Reconsider, at 2) Plaintiffs appear to have lost track of their invention that they claim that State Farm Mutual and State Farm Fire are “co-principals.” Such rants amplify the point that Plaintiffs have no facts supporting their claims against State Farm Mutual.

What is also particularly telling is State Farm’s Counsel thinking “Howdy Doody” and not the modern day use of the word – sock puppet:

The key difference between a sockpuppet and a regular pseudonym (sometimes termed an “alt” which is short for alternate, as in alternate identity) is the pretense that the puppet is a third party who is not affiliated with the puppeteer.slide_2747_38337_large

Judge Ozerden, hopefully, does not aspire to be the next Buffalo Bob, expecting explanations for the obvious, and will see State Farm’s Opposition to Plaintiff’s Motion to Reconsider the Court’s September 3, 2009 Order for what it isthe document that launched a 1000 pigs and burnt the topless towers of Bloomington.

See the recent post no one knows what goes on behind closed doors but O’Keefe wants to open the door to State Farm Mutual and find out! for Slabbed’s review of the decisions referenced by the O’Keefe plaintiffs’ motion and/or State Farm’s response.

Additional background and a graphic depiction of the Master Services Agreement between State Farm Mutual and what it calls the Client Companies are found in The feeling is Mutual – so is the fact.

7 thoughts on “It’s going to happen – update on O’Keefe v State Farm”

  1. This is typical pseudo analysis. Anytime a court elevates form over substance they’re hiding something they don’t want to address. The idea here is to make you think there’s something deeply complex about deciding whether State Farm operates as an integrated corporation. Christ, look at their letterhead, not to mention the Master Service Agreement. My child can see the truth when its as plain as a nose on a face.

  2. Oh, guys, I do love to see pigs fly! Rick, you’ll have to see if yours flies to Editilla’s music (be sure and take picture so Ray and I won’t miss out.

    On more serious note, juriscribe, I think you’re absolutely correct. A favorite saying of my lawyer brother-in-law is that there are at least two sides to every story and sometimes both are true. Depending upon the age of your child, there could be three – but this truth of mutual as “one” is pretty hard to miss.

  3. I hear Rust has in the works a line of State Farm Mutual men’s cologne. Les Odor Des Farm. Market testors say it is cross smell between a pig farm at high noon, fresh bull shit and a dash of some odor most top executives described as a rusty butt. Rust noted he was honored to be able to put so much of himself into the project which his inner circle says reminds them of what they have been producing at Headquarters for generations now. To think Ed was able to bottle it up and make it available at such a low cost to everyone is humbling to say the least.

    The company plans to dip each Florida customers final policy termination notice with a fresh whiff of the designer cologne. Viral and cross marketing all exhibited in one cost effective action which lets the customer know exactly what we sell here at State Farm.

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