An Order-ly update on USA v O’Dwyer

The new Order in USA v O’Dwyer is a clarification of the Order reported in the SLABBED post “It’s Official”.

On March 4, 2010, the court released defendant on bond, subject to several special conditions… One such condition requires defendant to undergo medical or psychiatric treatment as recommended by Dr. Mallik. Id. Standby counsel for defendant has now advised the court that Dr. Mallik recommends that defendant be followed by Dr. Andrew Morson, a faculty member at the Tulane Medical School with a speciality in forensic psychiatry. Accordingly, defendant’s special conditions of release are hereby clarified to reflect that, until further notice, Mr. O’Dwyer is to undergo regular medical or psychiatric treatment or counseling as prescribed by Dr. Andrew Morson, at the government’s expense.

A telephone scheduling conference is hereby set in this matter for March 17, 2010, at 2:00 p.m. The government shall initiate the conference call to include the court, counsel, and Mr. O’Dwyer, should he wish to participate. After consultation with Mr. O’Dwyer, standby counsel shall timely notify counsel for the government should Mr. O’Dwyer wish to participate in the conference, so he may be included in the conference call.

Magistrate Judge Karen Hayes is certainly hitting all the right buttons by making provisions for Ashton’s participation.  Continue reading “An Order-ly update on USA v O’Dwyer”

Judge Senter issues a “think-you-got-it-now?” Order in Sunquest v Nationwide II re Jackson County’s Compass Point Apartments

In the last post on Sunquest v Nationwide, SLABBED referred to a second case filed on another Sunquest-owned property in Jackson County, Mississippi:

Considering Nationwide’s success at dragging out the case thus far, it may very well be five years following Katrina before this case settles – and following along behind, Sunquest also has a second Jackson County apartment complex with a Katrina claim in litigation with O’Leary as an Expert Witness is that case, too.

Compass Point litigation, Sunquest v Nationwide II, is not only following behind the litigation on Katrina damage to the Carriage House property, it is all but a mirror image of Sunquest v Nationwide I.  The Compass Point Complaint makes the same claims about Nationwide’s conduct and, like the Carriage House litigation, the dispute arises from the Sunquest request for an appraisal.

Nationwide also replicates its attack-strategy defense in Compass Point – or has prior to Judge Senter’s “now-do-you-get-it?” Order:

The Court has before it seven motions that are in many respects similar to the motions I ruled upon in Sunquest Properties, Inc. v. Nationwide Property and Casualty Insurance Company, Civil Action No. 1:08CV687 LTS-RHW. (Sunquest I) I intend to make the same rulings here, based on the same considerations, findings of fact, and conclusions of law…

Accordingly, it is ORDERED: Continue reading “Judge Senter issues a “think-you-got-it-now?” Order in Sunquest v Nationwide II re Jackson County’s Compass Point Apartments”

Nationwide’s $6million dollar settlement – a snapshot of profit when there’s not “a dimes worth of difference” in the price of drywall

A hat tip to the reader who sent a link to the news of the Nationwide settlement – and must be reading the title of this post wondering what I’ve got under my hat!

Checks are headed to the mailboxes of 230,000 current and former Nationwide term-life insurance customers across the country, settling a class-action lawsuit against the Columbus-based company…Nationwide agreed to pay a $6 million settlement in connection with a suit filed in Franklin County Common Pleas Court in 2005, which alleged that the company collected more than the maximum annual premiums outlined in their policies, according to court documents…Nationwide had been accused in the lawsuit of fraud and violating Ohio consumer-protection laws.

The suit charged that customers who paid semi-annually, quarterly or monthly were charged more than the maximum premium. Those who paid once a year were not charged additional fees…The average check will be for $47, said Marc Stanley, an attorney with the settlement administrator.

Obviously, the case had nothing to do with the cost of drywall or the alleged manipulation of price lists used to adjust claims following Hurricane Katrina.  However, it provides a perspective for looking at the mantra of insures’ defense of pricing differences – “there’s not a dime’s worth of difference”.  A small amount due one policyholder adds up to big dollars when the amount due all similarly situated policyholders is totaled.

So, now do u c it?


“It’s the same old song But with a different meaning” – electronically stored information: Branch qui tam

Nowadays, all roads seem to lead to Jefferson Parish.  Why I was surprised to find a road connecting Jefferson Parish to the Branch qui tam case is beyond me.  Mind you, it’s not a main road; but, before we can go there, a little background is in order and, for that, we make a u-turn and a quick stop at Shall we dance – the SLABBED post on Magistrate Shushan’s Order granting in part the Branch motion to file a second amended complaint.

Data extracted from 2006 Market Conduct Exam of Defendant Standard Fire calculated to show percentage claims and payments from Orleans and Jefferson Parish were of Total number and amount paid by the Company following Hurricanes Katrina and Rita.

In her Order, Magistrate Shushan declared, “The loss-shifting and inflated-revenue motives create two entirely different schemes”.  I contend otherwise…Not only is “inflated revenue” an essential element of loss-shifting, the Magistrate had no data to support her decision…

Back on the road but a detour ahead that takes us by the Louisiana Department of Insurance where we pick up the data-heavy Market Conduct Exam of Branch Defendant Standard Fire’s claims handling following Hurricanes Katrina and Rita and straight to Jefferson Parish.

Data are an essential element of the decision-making process; however, data derive meaning in the context of other data.  For example, if claims data from all insurers covering property in Jefferson Parish were analyzed in the context of other data, it could be possible to determine the extent of damage resulting from the disabled pumping system and, in turn, indicate the associated cost of contracts for the required repair and rebuilding and concomitant loss from corruption of the contracting process – The rising tide that’s sinking all ships

However, in this post, these data are an indicator of the critical need for a broad discovery process to informed decision-making about Continue reading ““It’s the same old song But with a different meaning” – electronically stored information: Branch qui tam”