Slabbed updates the Baton Rouge rump ranger trio: The traditional media joins us at the Cedarcrest class action party. Commenc

History will record Slabbed was there first with the most with our original post on this topic almost one month ago. You folks from Baton Rouge should not take comfort in the fact that your paper did not have the guts to report this after Lewis Unglesby did what he does best in showing his fanny to the powers that be. There are reasons the public does not trust the media.

The Baton Rouge Business Report has the story (second one down) including a quote from Lyman Thornton, a fine lawyer that is now first assistant U.S. attorney in Baton Rouge. Here at Slabbed we trust Mr Thornton to pursue the interest of justice in this matter.

The Baton Rouge legal community is abuzz since attorney Donna Grodner alleged that ad hoc judge L. J. Hymel and attorney Lewis Unglesby engaged in ex parte communication, which ultimately led the former to recuse himself from class action litigation in January. Ex parte communications are conversations made without the knowledge of all involved parties in a legal matter. The alleged conversation was heard via telephone in a case of “pocket dialing”: A phone call was unintentionally made to Grodner from attorney Ralph Fletcher’s cell phone moments before the alleged conversation took place. Grodner says she reported the incident to the proper authorities, but the U.S. Attorney’s office would not confirm or deny any investigation is ongoing. “We receive information from the public on a regular basis,” says Lyman Thornton, first assistant U.S. attorney. “Once we receive that information, we do not comment or speculate on any future action.” Continue reading “Slabbed updates the Baton Rouge rump ranger trio: The traditional media joins us at the Cedarcrest class action party. Commenc”

Slabbed takes the regulatory challenge part 1: Lets rap.

Dedicated to a reader. I’m off to buzzards roost and will check back later. (h/t Russell)

Friedrich Hayek, Nobel-prize winning economist and well-known proponent of free markets, is having a big month. He was last seen rap-debating with John Maynard Keynes in the viral video above, (in which Hayek is portrayed as the sober voice of reason while Keynes overindulges at a party at the Fed). His 1944 book, “The Road to Serfdom,” provided the theme for John Stossel’s Fox Business News program on Valentine’s Day.

Jim Brown on streamlining Louisiana government. Gives lessons for Mississippi too

Thursday, February 18, 2010
Baton Rouge, Louisiana



A number two guy in Louisiana? Lieutenant Governor! What Lieutenant Governor? If Gov. Bobby Jindal has his way, the number two spot in the state hierarchy is a gone pecan. But hey Governor, why stop there? Do we really need more elected public officials than any state in the country?

It’s not like Jindal has a philosophical problem with too many elected officials. When he was campaigning for the state’s top two years ago, there was nary a word about eliminating any elected officials. But with the present Lieutenant Governor Mitch Landrieu stepping down in May to assume the new duty of Mayor of New Orleans, the Governor saw an opportunity. No incumbent, no immediate election, so few feathers to ruffle.

Jindal’s problem is that with term limits for legislators, there are a number of ambitious potential candidates looking for a place to politically land. But why stop with only the second spot? If the ball starts rolling, why not take a look at a number of public offices, many that exist in only a few other states, and mark them for appointment or even full elimination. If more efficiency and saving money is the ballet cry, then let the open flood gates begin. Continue reading “Jim Brown on streamlining Louisiana government. Gives lessons for Mississippi too”

qui tam Olympics: Branch throws javelin to protect Disclosure Statement; Rigsbys got speared when Judge Walker gave their Disclosure to State Farm in the McIntosh case!

“Sharing of information between the Government and the relator does not waive either the attorney-client privilege or the work product protections.” FALSE CLAIMS ACT:  WHISTLEBLOWER LITIGATION, §9-4(a)(5), attached as Ex. 1.

Well, hell’s bells! The Branch Opposition to Defendants’ Motion to Compel delivered a tutorial on disclosure on a silver platter with Exhibit 1 as the rose!

The United States District Court for the District of Columbia has now expressly ruled that information shared between the relator, his counsel and the United States is protected from discovery by the joint-prosecutorial privilege.  The joint prosecutorial privilege is the Government/relator counterpart to the recognized joint defense or common interest privilege. It is grounded in the language of the False Claims Act itself which empowers the relator to bring the action “in the name of the Government” and awards the relator a percentage of the proceeds recovered by the United States.  Such statutory language make clear Congress’ intent to align the interest of the Government with that of the relator.

By law, a whistleblower must file the qui tam Complaint under seal.  However, the Complaint is but one of the two documents a whistleblower must file.  The other is an evidentiary disclosure.  I learned that reading the law journal article authored by Tony DeWitt,  the Rigsbys’ former counsel:

Although the filing of the document is jurisdictional and the Act requires that one be filed, it is important to remember that the purpose of the filing is to make the government aware of what evidence the relator has, and what other evidence might be available should it decide to intervene in the case.

Little wonder then that Branch’s opposition states “the written disclosure statements comprise… counsel’s mental impressions, conclusions, opinions, and legal theories, they constitute opinion work product and are not discoverable.”  Conversely, in Rigsby, Continue reading “qui tam Olympics: Branch throws javelin to protect Disclosure Statement; Rigsbys got speared when Judge Walker gave their Disclosure to State Farm in the McIntosh case!”

the slabbed shall rise again – take a look at Biloxi’s Isaiah Cannon!

Sop has been know to speak for slabbed and say, “folks don’t know who they’re messin’ with”.  Believe me, a lot more do tonight! You can bring ’em to their knees and they’ll still take a shot and score.  Biloxi basketball standout, now a freshman at Murray State, did just that and made the No. 1 spot on SportsCenter’s top plays.  h/t Rod Walker, Clarion Ledger