Day: August 4, 2010

Rendon puts some heat under State Farm – a Rigsby qui tam update

SLABBED is no longer alone in calling “bullshit” – but The Rendon Group put a price on it in a Motion for Award of Attorneys’ Fees under FRCP 45(C)(1) “Avoiding Undue Burden or Expense; Sanctions”:

“A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction — which may include lost earnings and reasonable attorney’s fees — on a party or attorney who fails to comply.”

TRG, the Rendon Group, filed the Motion in federal district court in DC and “requests an award of fees and expenses totaling $15,744.60″…

“arising from State Farm’s failure to comply with its obligation to use reasonable steps to avoid imposing undue burden or expense on TRG in connection with the subpoena duces tecum issued in this matter…”

Naturally, State Farm opposes but the Company’s opposition doesn’t alter the basis of TRG’s Motion: Continue reading “Rendon puts some heat under State Farm – a Rigsby qui tam update”

Aye Aye Captain Jack. Slabbed opens Davy Jones’ locker and finds an unethical Ed Rust hired gun.

There is a method to the madness here at Slabbed and one of my methods involves periodically revisiting certain news links we post to see if there are any belated comments worthy of follow-up. Such was the case with Anita Lee’s recent story on Chris McIntosh that we highlighted and sure enough there was a late comment by one Captain Jack that I could not let pass since it involves information we’ve been holding onto for at least a year and it is there we begin:

I agree with the other posters here. State Farm should be shut down. The federal government needs to investigate and prosecute. For details about State Farm’s bad behavior and the Oklahoma court ruling for sanctions and contempt against State Farm and attorney David V. Jones of San Antonio, Texas, check out http://badfaithinsurance.org and http://truthaboutmold.info/insurancenews.

Actually Cap there is so much more as the legal profession likes to keep attorneys like Jones as a dirty secret. Fortunately for us we had ring side seats via PACER when Jones enrolled in several Katrina cases involving State Farm in Louisiana including one where the lawyers for the plaintiffs tried to have Jones booted for lying on his pro hac vice affidavit only to have Judge Kurt Engelhardt, David Vitter’s former campaign manager, ignore a clear cut ethical violation. We’ll circle back to that.

Here is the deal from a layman’s perspective since we’ve written a good bit on the use of out of state hired guns. Sometimes an insurer has a case comes along that needs to go away no matter the means or methods.  Since not all of the insurance defense bar are unethical scudda beans sometimes ethical local firms need to be moved out of the way so the right kind of lawyer can come do the dirty work.  It worked for a while with James Robie in McIntosh v State Farm. Robie has hung more than a few skins on the wall for Ed Rust and State Farm but is just one man. Another is David Jones of San Antonio Texas.

There is no view like the view from the top moderating Slabbed and I’ll add it did not take long for Jones long to figure out we were onto him.  Continue reading “Aye Aye Captain Jack. Slabbed opens Davy Jones’ locker and finds an unethical Ed Rust hired gun.”

Slabbed news miscellany: Chip Merlin on the value of listening to other points of view, stealing beer and drinking what can’t be fenced, Swiss Re rings the Bell and the cash register, Michael Grimm to appear at the Silver Slipper in 2 free shows and “for sale” issue advocacy

I have a super busy day ahead but wanted to throw up a few links for the Slabbed Nation because I think we have another banner day shaping up here in cyberspace.  Let’s start with Chip Merlin’s blog where he writes about the value of listening to other points of view:

Slabbed is a blog that grates on those in the insurance industry, its legal counsel and proponents. My impression is that because those from the insurance industry do not like the criticism, positions and strong rhetoric, they stop reading Slabbed and read only those that criticize policyholder advocates, policyholders, and others who pander to the insurance industry. Nobody likes to be criticized or cast in the role of the villain. That is human nature. Yet, I agree with comedian Chris Rock, who stated that “anyone who makes up their mind before hearing the issue is a … fool.”

I was thinking of this while reading the August issue of the Insurance Fraud Letter by Barry Zalma. Zalma, like many in the insurance industry, takes great glee in publicizing when the well known consumer champions fall. I appreciate that those that make a living serving the insurance industry have an allegiance to it and a utilitarian need to pander to those that provide for their living. Still, those self righteous antidotes have worthy lessons and, within the rhetoric, there are often a few jewels. Zalma gave one in his recent newsletter

Chip may be surprised to learn that we are read religiously by certain insurers and insurance professionals though our industry traffic count did take a hit when they started filtering us in Bloomington.  His point is well taken though because we have experienced the other kind of reader as well; people so trapped by their beliefs and ideology they are incapable of seeing other viewpoints.  Chip has singled out Zalma in the past for doing just that, which is part of what makes today’s entry over at his blog so rich. Continue reading “Slabbed news miscellany: Chip Merlin on the value of listening to other points of view, stealing beer and drinking what can’t be fenced, Swiss Re rings the Bell and the cash register, Michael Grimm to appear at the Silver Slipper in 2 free shows and “for sale” issue advocacy”

River Birch Landfill: Anatomy of Corruption. A Guest post by Whitmergate

River Birch: Wilkinson’s Wanton Watershed

This is a story of corruption, where vampiric forces of a political elite’s unbridled greed nurtures blatant abuse of power by their minions in public office that would be analogous to rape. In this instance, it is the rape of the Jefferson Parish taxpayers’ public treasury.

Just look at that picture. What do you see? You just know they’re either congratulating each other for the last scam they pulled off to screw the taxpayers of JP; or, the next scheme they are hatching to be rubber stamped by the Council of Clowns in front of them. If this corruption drama were a TV series and chosen to be singled out for an award, then TP photographer, Rusty Costanza, would wins hands down. It is a picture that mirrors the expression of the boundless arrogance and contempt of these two conspirators in corruption, Tom Wilkinson (resigned as Parish Attorney) and Tim Whitmer (resigned as CAO) had and still have for the citizen/taxpayer of Jefferson Parish. We have yet to hear an apology addressed to us, the citizen/taxpayer, from either one of these political thugs for their abuses of power while in their respective positions. And please, don’t hold your breath expecting one. Continue reading “River Birch Landfill: Anatomy of Corruption. A Guest post by Whitmergate”