Day: January 27, 2011

Please excuse my rude cousin Slabb O’Leak as he passes La Gasse

Again nothing earth shattering but for those so interested here is today’s Slabb O’Leak. ~ sop

From: PBorne
Sent: Monday, August 31, 2009 4:22 PM
To: AVandenweghe
Cc: TAWhitmer; BSmith; TWilkinson
Subject: Public Records Request

Anne Marie, I just received a public records request in the mail for a copy of all contracts between Jefferson Parish and Riverbirch Landfill for disposal of parish waste at Riverbirch Landfill. I will deliver the original letter to you today.

Ut-oh, Judge Ginger “plans to visit River Birch lanfill office to resolve records dispute” (update: links reset)

Were the SLABBED-nation to elect a homecoming queen, I’m certain it wouldn’t be federal district judge Helen “Ginger” Berrigan – and, after reviewing her background, I’m equally certain she wouldn’t care.

… Judge Berrigan is the author of Louisiana Criminal Trial Practice…Prior to her appointment as a federal judge, she was a criminal defense attorney. She was a staff attorney to the Governor’s Pardon, Parole and Rehabilitation Commission and press secretary to Civil Rights Leader, Charles Evers…In addition to her experience as a journalist and lawyer, she has served on the boards or as a member of several legal organizations, including the…American Civil Liberties Union…

Her expertise and experience in criminal law and her involvement in the Civil Rights movement and ACLU provide context for understanding her decisions in Heebe v USA, including the order scheduling her upcoming visit to the River Birch landfill office, reported in Richard Rainey’s story for the Times-Picayune:

District Judge Ginger Berrigan stated in a court Order that she plans to inspect the third floor of the building at 2000 Belle Chasse Highway in Gretna, where authorities collected reams of documents and computer files as part of their 14-month investigation of River Birch. She set the visit for Feb. 4. 

It’s not an action a federal judge takes often… Continue reading “Ut-oh, Judge Ginger “plans to visit River Birch lanfill office to resolve records dispute” (update: links reset)”

In this episode of Magnum J.D.: Magnum’s Magnanimous Ministrant for Murphy the Mooch.

The connection to Magnum would be the fax number folks. You’d think with all the loot Murphy’s wife Julie got in secret commissions from Redflex, Murphy would not need to mooch from anyone.  This bunch in Jefferson Parish takes the word brazen to an entirely new level.

[scribd id=47660368 key=key-1usg1kd15s9hp7tqyj7w mode=slideshow]

sop

Jim Brown

Thursday, January 27th, 2011
New Orleans, Louisiana

BOB DYLAN AND THE MURDERS IN NEW ORLEANS!

New Orleans is off to a fast start in this New Year to maintain its perennial title of being the murder capital of America. When the city celebrated Martin Luther King Day last week, five people were shot down. Just a few killings often seem to be a good day. The first violent death took place on day two of the New Year. In the few short weeks since then, 16 more murders have been chalked up. At this rate, could a new record high be in the making?

Any murder is tragic, but one can weave through the crime lore of the Crescent City to see some deaths that just can’t be explained. The locals often seem to shrug and accept the blood flowing as a price you pay for living in what always ranks as America’s “most interesting city.” Violence seems to be an integral part of the gumbo that blends a different genre of street smells, music, spices, poverty, and minions of eccentric characters. But then, the killings continue and grow in numbers.

The brutal execution that got to me the worst was the tragic death of a little boy a few years back. Ja’Shawn Powell was two years old, and lived in New Orleans with his mother.  His father, a guy named Danny Platt, came to pick up Ja’Shawn for a weekend visit.  The boy, according to his mother was really excited.  “Oh, my daddy’s here,” he beamed as he ran to the door.  “Daddy, daddy, daddy.”  His mother said: “He was so happy.” 

Then his daddy drove off….. took a knife….. slit this little boy’s throat….. and allowed the toddler to bleed to death. Continue reading “Jim Brown”

Judge Vance dismisses Branch qui tam – but leaves Allstate a “sitting duck” in the Rigsbys’ pond!

JUDGMENT: ORDERED that Branch’s claims against Allstate are DISMISSED W/OUT PREJ on first-to-file grounds. FURTHER ORDERED that Branch’s claims against American Reliable, Standard Fire, Colonial, Liberty Mutual, SIMSOL, ANPAC, Fidelity, and Pilot are DISMISSED WITH PREJ because Branch is not an original source of those claims, a determination that is intertwined with the merits and that was decided on summary judgment. FURTHER ORDERED that the inflated-revenue claims, added by amendment, are DISMISSED W/OUT PREJ because the Court lacks jurisdiction over Branch’s original ccmp. Signed by Chief Judge Sarah S. Vance on 1/25/11.(bbc, ) (Entered: 01/25/2011)

Long story Order and Reasons short, Judge Vance took 68-pages to explain how Branch failed to comply with the requirements of the False Claims Act.

As the Judgment indicates, the dismissal of Branch centered on two key points of qui tam law – the “first to file” and the “original source” requirements.

In his “stock basher style” post announcing the dismissal, Sop opined Vance had “busted Allen Kanner’s balls”.  Maybe so, but, her very exact detailing of what appear to be preventable deficiencies in the filing and content of the Complaint would have definitely crushed his ego.

You won’t see such deficiencies in Rigsby.  Think what you will about Dick Scruggs but, in this situation, he knew his limits and, early on, put the case in the expert hands of a team of attorneys with experience specific to cases filed under the False Claims Act. Kanner, on the other hand, filed Branch – but that alone did not lead to the dismissal.

“subject-matter jurisdiction ‘depends on the state of things at the time of the action brought.’ ” Continue reading “Judge Vance dismisses Branch qui tam – but leaves Allstate a “sitting duck” in the Rigsbys’ pond!”