SLABBED “news you can use” goes international – State Farm and radioactive wild boars

Eddie, the "wild boar" of Katrina litigation

Irony doesn’t escape the heat – nor does the eagle eye of SLABBED readers miss international “news you can use”:

A Knock Out to State Farm happened in a “heavyweight showdown” between State Farm and the Privacy Commissioner of Canada over the limits of Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”):

…The background of the State Farm’s action is as follows: State Farm had been subject to a number of privacy challenges by various persons relating to its collection of personal information in the course of State Farm acting on behalf of and providing a defence for its  insured. The Privacy Commissioner of Canada had issued a number of findings that the information State Farm collected was ‘in the course of commercial activity’ and therefore subject to PIPEDA’s jurisdiction. State Farm had enough, and brought a court challenge…

Mainville J. of the FCC (Federal Court of Canada) held, in a very common sense decision, that PIPEDA did not apply. He said (emphasis added):

“I conclude that, on a proper construction of PIPEDA, if the primary activity or conduct at hand, in this case the collection of evidence on a plaintiff by an individual defendant in order to mount a defence to a civil tort action, is not a commercial activity contemplated by PIPEDA, then that activity or conduct remains exempt from PIPEDA even if third parties are retained by an individual to carry out that activity or conduct on his or her behalf. … In this case, the insurer-insured and attorney-client relationships are simply incidental to the primary non-commercial activity or conduct at issue, namely the collection of evidence by the defendant Ms. [X] in order to defend herself in the civil tort action brought against her by Mr. [Y].” (emphasis added)

In reading the judgment…you can’t help but come away from the decision feeling that the judge was trying to bring order to a potentially absurd result…

The SLABBED are certainly familiar with the “absurd result” of State Farm’s five-year, post-Katrina privacy rampage through the southern district Mississippi federal court – a rampage not unlike that of Germany’s radioactive wild boars: Continue reading “SLABBED “news you can use” goes international – State Farm and radioactive wild boars”

What I like about livin’ way down south are the occasional Cat Fights. An Ana Maria of the Slabbed nation in the news again.

In today’s installment of right wing nuts gone wild I offer Grace “Bea” Harrison, owner of The Encore Group, a dissolved Mississippi Corporation and host of the Sunday morning show That’s What I Like About the South, where her wingnuttery goes on full display each Sunday morning.  I discovered the show by pure chance and figured out quickly she was buying the time slot from the local Fox affiliate and selling her own advertising.  After seeing her coverage of the August 2009 Gene Taylor Town Hall meeting, an event I attended as a member of the local media it did not take long to open my mind to the possibility that ol’ Bea may have a few screws loose to go along with the serious hard on she has for our Congressman, Gene Taylor.  I never blogged about ol’ Bea but did resolve to not patronize any of her advertisers including the local italian restaurant Salute (which has good food) as I was not interested in helping Ms Harrison fund her jackassery. 

The Moss Point meeting was my first experience with the local TEA Party movement. I want to make sure the Slabbed Nation in Louisiana understands we’re all for political expression here at Slabbed but these right wing nuts on my side of the line are what gives the TEA Party movement such a bad name nationwide IMHO.  After reading a poll which appeared in the New York Times earlier this year, I also figured out the local TEA Party here on the Mississippi Coast does not match the demographics revealed in the NY Times poll, which did happen to closely mirror my experiences from meeting the Jefferson Parish based Citizens for Good Government back in June.  Simply put Citizen Activists like Margie Seemans show for all the meetings but do not disrupt them. 

The gang over here follows Gene Taylor from town to town across the 4th district trying to disrupt all of his constituent meetings. These meeting are important to local folks in places like Waynesboro, Mississippi who get a great opportunity to get help with navigating the federal bureaucracy.  At the Moss Point meeting for example, there was an older man on the front row with an adult child that was severely mentally handicapped who attended the meeting for a damn good reason.  It sure is easier to help people when there isn’t a group a 15-20 wingnuts acting like asses. This of course explains some of the more biting criticism I’ve levied against the TEA Party movement. Here on Slabbed though, we are all for open exchange of ideas which is why even Dan Triplett has commented here in the past free from personal attack. If I were asked, my advice to the Mississippi coast TEA Party movement would be to go meet Miss Margie over in Jefferson Parish and learn some manners. Continue reading “What I like about livin’ way down south are the occasional Cat Fights. An Ana Maria of the Slabbed nation in the news again.”