Month: November 2009

Low tide, rising rates sink all ships

The study is expected to have many benefits. For one, it would give leaders a clear cost-to-benefit analysis. As important, the wind mitigation study would allow for systematic improvements in the hurricane resistance of buildings in the six counties on the Mississippi Gulf Coast (Hancock, Harrison, Jackson, Stone, Pearl River and George) by utilizing wind-resistant construction techniques to reduce property damage and/or loss.

This would result in a significant reduction in insurance premiums, as well as reduce the negative economic impact of a hurricane on the entire state and its citizens, the MID said.

Florida’s mitigation discount experience suggests any premium reduction in Mississippi will be short-lived, according to the latest news from Tallahassee.

In the coming months, hundreds of thousands of Florida homeowners will see insurance bills increase.  And many others will open their mailboxes and get the insurance industry’s version of the pink slip, forcing them to buy coverage from the state or turn to companies they might never have heard of. Continue reading “Low tide, rising rates sink all ships”

Beachfront property for sale, but not moving – WLOX-TV and WLOX.com – Building South Mississippi Together |

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Making history and the ol’ Black Friday workday….

We’ve been swamped with year end work of late thus my complete absence from the Slabbed cyber-scene.  Thanksgiving offered no break as, like Nowdy, I’m the main Thanksgiving cook at casa Sop. My first attempt at a cane syrup pecan pie was a flop. Today I get to clear 2 weeks worth of non critical s-mail from my desk and hopefully reply to almost 2 weeks worth of emails.

Tim Isbell/Sun Herald

One thing I’ve managed to do though is continue to follow St Stanislaus’ trip through the class 4A south state playoffs as the Rock’s QB Dylan Favre and his talented group of wide receivers have dismantled all comers, whether it was blitzing Columbia defense or the “cover 2” played by Forrest County AHS. Tonight Greene County is on tap as the coast’s 3 South State Championship contenders were featured on the front page of today’s Sun Herald. James Jones takes it from there:

The Rockachaws (12-1) entertain Greene County tonight at Brother Phillip Memorial Stadium. A victory would put St. Stanislaus in the 4A title game for the first time in school history………

The Rockachaws get a rematch with Greene County. The Rockachaws rolled past Greene County 42-21 in a Region 8-4A game last month in Leakesville.

Quarterback Dylan Favre will become the state’s first 5,000-yard passer, barring injury. He has compiled 4,829 yards passing while throwing for 56 touchdowns. He’s also rushed for 1,142 yards and 15 more scores. Continue reading “Making history and the ol’ Black Friday workday….”

Judge Vance’s decision consistent with ABA analysis of Supreme Court’s Rockwell decision – a Branch qui tam update

A post on Insurance Law Hawaii (h/t CLS) sent me racing to the Branch qui tam docket thinking I’d missed an Order more recent than those I linked in taproot – digging out the fact on Branch qui tam.

As it turned out, I had not.  Sop posted Judge Vance’s 69-page Order of October 19 in Judge Sarah Vance Educates Insurers about Federal Court Jurisdiction in False Claims Act Cases that I linked in taproot.

However, while SLABBED focused on the big picture of Judge Vance’s ruling; i.e., Branch was moving forward,  Tred Eyerly, the attorney who writes Insurance Law Hawaii, pointed to the ruling of Branch Consultants qualified as an “original source” – a ruling the Defendant are challenging in their Motion for Certification of an Interlocutory Appeal.

State Farm tried to run the “original source” rabbit in the Rigsby qui tam; but, the dog didn’t hunt.  Let’s take a look at why and see if we pick up the scent of the “good neighbor”. Continue reading “Judge Vance’s decision consistent with ABA analysis of Supreme Court’s Rockwell decision – a Branch qui tam update”

taproot – digging out the fact of Branch qui tam UPDATED

Taproots develop from the radicle of the seed, which forms the primary root. It produces branches called the secondary roots, and they in turn produce branches to form tertiary roots…very difficult to uproot – the plant itself gives way, but the root stays in the ground and may sprout again.

Who better than Judge Sarah Vance to do the digging and get to the fact of the Branch Consultants qui tam claim? None that I can think of considering the depth of research evident in the Order that Sop reported in Judge Sarah Vance Educates Insurers about Federal Court Jurisdiction in False Claims Act Cases – A Branch Qui Tam Update.

However, shortly after Judge Vance’s well-reasoned 69-page Order was issued, the Defendants filed for certification of an Interlocutory Appeal to the Fifth Circuit:

Relying on pre-Rockwell out-of-circuit decisions, this Court has reached a different conclusion, finding that Branch’s investigation of a publicly disclosed fraud provides direct and independent knowledge such that Branch is an “original source” whose allegations provide this Court subject matter jurisdiction. It is this question Defendants seek to have certified for interlocutory appeal: whether a “sleuth” like Branch, without first-hand involvement in an alleged fraud, can qualify as an “original source” by providing additional examples of a publicly disclosed, alleged fraudulent scheme.

Naturally, the Branch Consultants responded in Opposition:

…whether a particular case was decided pre-Rockwell or post-Rockwell misses the point. Instead, the relevant question is whether Rockwell overruled any of the legal points on which the Court based its decision. It did not, and Defendants do not argue otherwise. Continue reading “taproot – digging out the fact of Branch qui tam UPDATED”

Patsy Brumfield – Anybody seen Tim Balducci?UPDATED

The Daily Journal’s Patsy Brumfield has been at the top of her game of late and now she’s looking for Tim Balducci

Timothy Balducci, who turned informant in the Scruggs I judicial bribery case, apparently isn’t in U.S. Bureau of Prisons custody any more.

What that means, I don’t know, but he’s not scheduled to get out of prison until December 2010… Continue reading “Patsy Brumfield – Anybody seen Tim Balducci?UPDATED”

USA Today caught off-balance by MRGO decision

Not only is Rick Jervis hoping that the readers will swallow his own seed of the Corps Costs Estimates of 100’s of Billions for their side of the work, he is offering the erroneous proposition that the Corps is the Lead in the solution to the Wetlands Restoration activity –this prophylactic misnomer stretches so very far from the Truth as to resemble a condom over the head of an oil derrick.

Editilla offers a whole new meaning to “hung” on the Ladder with his scatching review of USA Today’s take on the MR-GO decision.  True enough, only a Richard-head would think either/or:

The ruling could lead to billions of dollars in other legal action from storm victims, but it also leaves regional leaders with a dilemma: Continue reading “USA Today caught off-balance by MRGO decision”

Breaking News: LA Supreme Court denied Judge Benge’s request for rehearing

The Louisiana Supreme Court has denied Judge Joan Benge’s request to rehear their decision to remove her from the 24th Judicial District Court in Gretna for her handling of a civil case.

The Times Picayune broke the story. Continue reading “Breaking News: LA Supreme Court denied Judge Benge’s request for rehearing”