Defendants argue that the Court should adopt Judge Senter’s interpretation of Rockwell and require Branch to prevail at a trial limited to the 27 Exemplar Properties before allowing Branch to obtain discovery concerning other properties…No court has ever interpreted Rockwell to mean that a relator who alleges a long-running scheme has to have direct and independent knowledge of every individual instance of that scheme…
The Branch Opposition alone is 58-pages and there is much more to cover about Rockwell along with a little scienter, a lot about the NFIP, and a ding-a-ling of an idea for a “bellwether trial”
By definition, a bellwether is an indicator of trends. The term originated from the practice of tying a bell around the neck of a wether (a castrated male sheep) to induce other sheep in a flock to follow the belled-wether…Courts utilize a bellwether approach when large numbers of plaintiffs are proceeding on the same theory or claim and there is no other feasible way for the courts to handle the enormous caseload.
Not only is there is a feasible way to handle the Branch qui tam case – the statistical sampling proposed by Branch that is the litigation standard for identifying fraud in federally funded insurance programs – there’s something slightly creepy about proposing a bifurcation procedure involving a wether to Magistrate Shushan.
Suggesting such a proposed bifurcation models Judge Senter’s decision in Rigsby is really over the top – so is Fidelity’s claim there was no scienter involved in the Company’s adjustment of the Exemplary Property at 2625 & 2627 General Pershing. Continue reading “Branch Consultants file Rock(well) solid opposition to Protective Order – explain why Walker’s Order won’t protect State Farm’s a$$ in Rigsby qui tam”
I missed this story when it originally broke but saw the followup in today’s Times Picayune. Happy Mardi Gras to all.
Please see the comments for explanation of why I broke the link to the story.
Our new readers attracted here by our coverage of the unfolding Jefferson Parish Political corruption scandal may be scratching their heads wondering about this Rossie chap I occasionally speak of. Well wonder no more, David Rossmiller is an ethically challenged piece of crap lawyer from Portland Oregon who blogged on Weiss v Allstate pretending to be impartial when in fact his law firm represented Allstate. I alluded to the fact, along with the Times Picayune’s James Gill that ol’ Rossie may just have a first cousin in New Orleans named Dane Ciolino. Obviously Ciolono’s quotes in Paul Pupura’s well done exploration of Jefferson Parish curatorship in Sunday’s Times Picayune did not directly bear on his representation of Tim Whitmer but you gotta wonder what he’d say if he wasn’t good ol’ Tim’s lawyer:
“There is no question that district judges have for many, many years appointed their friends and campaign contributors as curators for absentees,” said Dane Ciolino, a Loyola University Law School professor specializing in legal ethics. “This is true all over the state, not just in Jefferson.”
I wonder how many of those guys were also (supposedly) full-time Parish President’s serving the largest parish in the state in the aftermath of the largest natural disaster in US history hmmmm???
Now Dane as the nuns used to say when someone would get caught misbehaving in school and use the excuse “I did it because Johnny did it”: Continue reading “The Times Picayune takes another look at Jefferson Parish Curatorships: There is a Rossie in the woodpile”
There are two bits of news related to AROD both coming courtesy of PACER.. First up is Judge Vance bringing in Judge Donald Walker to hear his criminal case. The second motion is obvious and will hopefully set Ashton on the road to recovery as the US Attorney has moved to have Ashton undergo a mental evaluation. Here is a snippet:
On February 1, 2010, a detention hearing was held before United States Magistrate Judge Louis Moore, Jr. At that hearing, O’Dwyer executed a waiver of assistance of counsel and repeatedly expressed a desire to represent himself in the above-captioned matter.
In light of defendant’s behavior to date, the government believes that there is a need to evaluate defendant’s psychiatric condition to determine his competency and also his ability to represent himself and/or make a knowing and voluntary election of self representation. At the time of his arrest for the instant offense, O’Dwyer indicated that he has been prescribed several different Continue reading “Ashton finally gets a recusal. Government moves to have him evaluated by a shrink”