Pete and Repeat sat on a fence – Hood repeats warning, Young repeats attempt at revirgination, Peytavin pumps another Peytavin – but too much snow to see the fence!

According to Mississippi Ag: BP claims process violates law(Mobile Press Register), Jim Hood has put paper behind Mississippi’s interest in a transparent, fair, and fast BP claims handling process:  (h/t Y’all)

Mississippi Attorney General Jim Hood continued Tuesday to assault the Gulf Coast Claims Facility, saying in a federal court filing that its activities violate federal and state law and again asking the judge to intervene in the claims process…

In the filing, Hood contends that Feinberg’s process, by freezing interim payments, increases the financial hardship on claimants and makes them more likely to sign away their legal rights.

Details of Hoods allegations are summarized in the Press Register story (h/t to reporter Dan Murtaugh) and detailed in Hood’s Memorandum of Authorities in Support of Statement of Interest on Behalf of the State of Mississippi (below in scribd format).

Judge Barbier shouldn’t need reminding a similar financial hardship resulted in claimants signing away their rights following Hurricane Katrina only to discover more damage later. Nonetheless, I’ll repeat myself and say that Attorney General Hood is now Twice Right and Judge Barbier should heed the warning.

Speaking of someone who shouldn’t need reminding, John Young should know better than to make another transparent effort at revirgination – but, alas, he does not and NOLA.com reports Jefferson Parish President John Young launches whistleblower hotline:

Young said the toll-free hotline, 73-NOWAY or 736-6929, will be staffed by his security staff.

“There will be no caller ID or call tracing, so people can remain anonymous,” Young said at today’s Parish Council meeting. “This is designed to continue our zero-tolerance approach to illegal and unethical activity.”

How transparent is that when Young personally fired the whistleblower behind the need for all the reform he’s tooting? An in-house whistleblower hotline in Jefferson Parish will do little more than suck in whistles and blow off legitimate complaints.  Nice try, John, but think about an truly independent hotline – for example, one that is answered with, “Hello, this is Margie”!

And, then, as if these stories of Pete and Repeat on the fence aren’t more than enough news for the day, SLABBED has learned Peytavin and Peytavin are sitting nearby, one Peytavin pumping the other. Reportedly, the two are father and son.  Judge Peytavin, the father, is presiding over the litigation pending in State Court dealing with KATRINA flooding after “someone” shut down the pumps and sent the pump workers away when they were needed most. Peytavin, the attorney and son, reportedly has and/or is representing Jefferson Parish in the related negotiation and other litigation.

With a storm blowing snow and more over fences as it cuts a 2000 mile path across the country, it’s impossible to tell who’s still on and who’s fallen.  Consequently, your comments are needed, particularly those with more information Peytavin and Peytavin.

In closing, we repeat yesterday’s warning of the financial disaster certain to follow the meltdown along with a reminder of Attorney General Hood’s Memorandum follows below.

[scribd id=48051339 key=key-v1cd2rd0c1s7khv0ihq mode=list]

22 thoughts on “Pete and Repeat sat on a fence – Hood repeats warning, Young repeats attempt at revirgination, Peytavin pumps another Peytavin – but too much snow to see the fence!”

  1. Well, that takes care of that.

    It’s ok folks, the guy who fires whistleblowers is now taking ALL whistleblower calls.

    Yep, step right up.

    Odd, no emailing allowed? Why not?

    Nope, no need for an Inspector General now, no sirree….

    Say who *is* this guy?

    http://www.nola.com/politics/index.ssf/2010/09/jefferson_parish_moving_closer.html

    http://www.nola.com/politics/index.ssf/2010/09/fat_city_tops_agenda_but_jeffe.html

    “Tom Meyer, chairman of the committee assembled to make the recommendations, has said he plans to present the findings through a PowerPoint slide show.”

    “It is unlikely that the council will take action on the committee’s recommendations today. It has until Jan. 21 to edit the guidelines in time to let voters decide on the new office April 2, the earliest available referendum date, according to the secretary of state’s office.”

    As Emily Litela would say, “Never Mind.”

  2. If “Judge John L. Peytavin”, who presides over “the Broussard Flood” litigation in the 24th Judicial District Court (appointed by the Louisiana Supreme Court when the entire Jefferson Parish bench recused themselves), is indeed the Father of “Attorney Michael D. Peytavin”, who represented Jefferson Parish in the negotiations with River Birch, and who represents Jefferson Parish in the on-going litigation with Waste Management pending in Federal Court before Lemelle (SPIT!), then all sorts of ethical and political issues are implicated: (1) The litigation involving “the Broussard Flood” has proceeded at a snails pace, and has been pending for 5 or more years. When did Judge Peytavin first learn that his son represented Jefferson Parish, and why did the Judge not disclose that fact to the litigants and their counsel in “the Broussard Flood” litigation? An answer like, “I didn’t know!” just won’t “cut it”. (2) Why didn’t the son, Stephen Peytavin, disclose to his Father, or to the litigants and their counsel in “the Broussard Flood” litigation, his representation of Jefferson Parish, which appears to have spanned a term of years? (3) Why was this “relationship” not discovered and acted upon by the lawyers who are representing “the Class”, or the plaintiffs, in “the Broussard Flood” litigation? (4) Is there any “practicing” attorney with knowledge of the now-discovered “relationship”, and litigations, transactions and representations, who believes that Judge Peytavin should NOT recuse himself and, if so, give detailed reasons? If Judge Peytavin DOES NOT step down, do plaintiffs’ counsel in “the Broussard Flood ” litigation need “signed conflict waivers” from each plaintiff or Member of the Class? Ashton O’Dwyer.

  3. Ashton:

    It is called fear.

    Judge Peytavin is so defense bias who would dare piss him off from the plaintiff team. His bias alone should be enough to have prevented his appointment in the first place. Back when he was appointed your “girl friend” (puke) on the LA Supreme Court and others may have had a debt they owed to the folks in charge in JP.

  4. President Young: forgive me if I pass on your offer. Your security people are doing the checking? The same gumbas like Deano Bonano and Charlie Knopp? Puhleeze.

    Parish employees: You are safer using your own names and going public. Then when ( not if) Young et al retaliate you at least can prove it is because of your whistleblowing. If you use Young’s system they will claim your ‘ secret anonymous’ whistleblowing had nothing to do with your being fired or retaliated against. Don’t fall for this blatant attempt to trap you.

    The problem all along in Jefferson Parish has been the secrets and hiding. SHINE THE LIGHT ON THE COCKROACHES…MAKE THEM SCATTER.

    Margie Seemann for Inspector General. I will volunteer to work with her for free. Hell all she will need is Slabbed Nation investigating for her…start the movement now…Margie for Sheriff.

  5. Thank you, Bayou. I had no idea. I would hope that what has been revealed here on SLABBED leads to his disqualification. I knew nothing about his appointment, but if that, too, was CORRUPT, then let the chips fall. I can say this: No matter what the incompetent Darlene Jacobs, who E-mailed me this afternoon, disclaiming all knowledge of any relationship between John Peytavin and Michael Peytavin, says, I don’t see how the plaintiffs in “the Broussard Flood” litigation could have done much worse than Peytavin during the past 5 years. And now we all know “WHY”. Ashton O’Dwyer.

  6. I picked this post up on NOLA:

    waypastenough
    Whoever falls for this ploy is a fool. One should be able to blow the whistle on corruption publicly and John Young should be there to protect this person against reprisals.

    John Young was on the Council when AMV blew the whistle with her public filing of those who committed wrong doing. Young did NOTHING but vote to hire lawyers to SLAPP her. When Young became Parish President he fired her.

    If anyone knows of wrong doing, go straight to the FBI, pass Young’s hotline, pass the DA’s office, pass the La Atty General’s office and pass the Legislative Auditor’s office.

  7. Ashton:

    Where do the chips fall? We have a 100% asshole at the wheel of the ODC, and little more to oversee the judges. We are screwed! Young calls for a whistleblower hot line, but he already had one (AMV). All BS.

    In passing, I was out of town, what happened to Young’s favorite whistleblower ex-girlfriend (I am told) in the recusal matter?

  8. Bayou: You are bringing me back to reality. I keep thinking that, no matter what’s been done to me, that “someone” out there “in authority” will do the “right” thing. That’s probably a naive pipedream. So I’ll just continue to comment on SLABBED about Judge Peytavin, and his son, and about Darlene Jacobs, and about Duval-Daley-Fayard, and about Calvin Fayard, and “hope” for the best. I hope that The SLABBED Nation remember that the reason “the Broussard Flood” case was “tossed” to State Court from Federal Court was to protect Calvin and his representation of the State (Jefferson parish is a political subdivision of the State). And SURPRISE, SUR-FUCKING PRIZE: It was tossed into the arms of a State Court Judge whose son represents Jefferson Parish (with entirely predictable results for over 5 fucking years!). As to John Young’s ex-girlfriend, I don’t know what you’re talking about. However, I did communicate with “the whistleblower hotline” recently about the squatters and trespassers who currently occupy my Family’s batture property, aided and abetted by “the Parish”, among others. I got an IMMEDIATE call back, but then NOTHING. BULLSHIT; TOTAL BULLSHIT. Ashton O’Dwyer a/k/a “The WHITE Henry Glover”.

  9. Ashton:

    Julie girl is supposedly gone. No hard evidence.

    The hot line is better known as the “give us a heads up” so we can cover our asses line. No questions asked. More effective if handled by an outside agency.

    They do not give a shit, Ashton. Trust me. The ODC could spend better time messing with the ones you write about, but do not count on it. Never give up! Look at Mole, Gardner, Wilkerson and Mag. Wilkerson. Fucking Lightfoot! Flat out corruption and nothing is done. Ethics boy even trashed them and nothing. Go figure. You have to have a “Mark” on your back before they slam you. Selective prosecution.

  10. O.K. Bayou. Let’s see: Track One: Ernest L. Edwards, Joseph “Larry” Shea, Charles R. Talley, Frank R. Neuner, Burton Guidry, Michael Keller and Phyllis Glazer, all of whom were complicit in my abduction, brutalization, torture and false imprisonment, and/or in the “cover-up” and obstruction of justice (among many others who were at Lemle & Kelleher at the time), as well as “the PIMP for Kimball” Charles Plattsmier. Track Two (in order of importance): Lightfoot, Wilkinson, Magistrate Wilkinson, Gardner, Mole and Chopin. I have been suspended and disbarred by the Negro Lemelle (who should be impeached and incarcerated for his crimes and judicial misconduct), and indefinitely suspended by Plattsmier’s office, for alleged conduct that doesn’t even come “close” to the CRIMES committed by these motherfuckers. So come on motherfucks: What do you have to say for yourselves? Ashton O’Dwyer a/k/a “The WHITE Henry Glover”.

  11. They say nothing. Why upset the apple cart? Plattsmier has the attention of the LA Sup. Court. He also has their attention when called upon. Lawyers have been forced to fund a unlimited resource base so that the ODC can pick and chose who will go and who will stay. To fuck with the ODC to the end you need a war chest of $250-300K. The method of prosecution is unconstitutional as it generally deprives the accused of basic Due Process. Many States are veering away from the LA method of discipline and are actually setting up a less costly method of prosecution and affording a ALJ form of initial investigation. See Colorado-New Mexico. Plattsmier’s way to bring you down is to threaten motion to the Supreme Court to remove you as a threat to your client base. He likes to move quickly so that you cannot come to grip with your situation and rationally make proper decisions. He only selectively extends this authority given to him by the Rules of Professional Responsibility. This is where he oversteps his authority and he does it with his sole discretion! He can tear down a 35 year practice and throw you under the bus because he can. A lawyer with NO past indiscretion or sanction deserves better. In any event if this is the game it should be applied evenly, but it is not.

  12. All of what happened in East Jefferson & Orleans Parish from the 1965 law that established the construction of the LVP for local flood protection/hurricane protection was created by malfeasance of all parties involved. Congress, Dept of the Army, State, Local political structures, the construction arm of the Government NOD all failed to follow one simple five page document that addresses this type of project. 33 CFR 208.10 and associated Engineering Regulations & Manuals all address this as a reference as well as other Flood Control Laws, but none cite the Flood Control Act of 1928 Judges.

    Operation & maintenance of the project when completed portions are turned over & accepted by the Local Sponsor then becomes their responsibility.

    There is documentation from 1970 citing shortcomings never corrected, there are annual inspections made some of which cite shortcomings, again never corrected. These is no documentation that I can find that the Local Sponsors signed agreeing that portions were complete and they became responsible for O&M. There is no documentation from the NOD citing safe working conditions for operators required to be on duty.

    There is a series of letters between the NOD & OLD’s Contractor for dredging of the 17th St Canal that were never implimented, but if followed no levees on the outfall canals would have failed. These letters were written in 1987 & -88.

    The corruption, malfeasance and just turning away from responsiblity by these folks have just destroyed public property, individual property, injured or killed thousands and cost the nation over $60 Billion to redo whar should have been done right in the first place.

    Allowing the project to be constructed using out-dated vertical control & dismissing settlement & compaction since 1986 further led to improper levee & flood wall heights.

    The judge saying the NOD was responsible but not liable was wrong. Malfeasance is punishable and liability must come with it. OK lawyers, tell this engineer he is wrong!!!!!

  13. Ashton:

    If you hear from Darlene Jacobs again, ask he if she’s had any luck getting the NOTX court to allow her to look at the sealed time and expense records of the PSC in that case.

    Ask her if she ever heard any claims about prostitutes, limousines and cocaine being provided to Judge Edwards and the costs of those “perks” being billed by certain PSC members to the case.

    Ask her if she was at Fayard’s wedding in Nantucket. If she wasn’t, then tell her Judge Edwards was and he claimed he went all expenses paid. Was that billed to the NOTX class members?

    That should keep her busy for a while.

  14. {Redux, please remove my original version of this under the “Caldwell” post? Thanks, apologies}

    Just a note on Peytavin, the judge & the Katrina litigation:

    – My understanding is that the class action has actually proceeded pretty well against Broussard & JP (and yes I

  15. To “telemachus”: The questions you raise about “the Broussard Flood” litigation could fill a law book, so I am going to keep this simple: The case should NEVER been allowed to go to State Court from Federal Court without a FIGHT. A Judgment in the plaintiffs’ favor in State Court is UNCOLLECTABLE without an appropriation by the Legislature, which will never happen.

    That is not the case in Federal Court where, as here, Federal interests and statutes and regulations are involved. Although “part” of a Class got certified by “the conflicted” Judge Peytavin, the “Hoey’s Basin” people got cut out without any SCIENTIFIC ANALYSIS WHATSOEVER. In addition, “Class Certification” didn’t put a dime in anyone’s pocket, nor will it.

    The “negligence” claim against Broussard was thrown out of Court by “the conflicted” Judge Peytavin who, according to Times Picayune Reporter Richard Rainey on 9/22/10, “…left open the possibility that he could be found liable if plaintiffs can show he acted with ‘wilful misconduct’ during the emergency.” This is a heavy burden, indeed, particularly since Broussard divorced himself from the order to shut down the pumps and to send the pump workers away.

    I do not know the identities of other defendants to the State Court action. More particularly, I do not know if the State of Louisiana (Jefferson Parish is a political subdivision of the State), the Parish, Walter Maestri (in charge of emergency preparedness at the time of KATRINA), or any of the Council Members are defendants.

    I totally disagree with the notion that “the class action (pending before ‘the conflicted’ Judge Peytavin) has actually proceeded pretty well”. More particularly, “pretty well” for whom? The client of “the conflicted” Judge Peytavin’s son, Michael, namely Jefferson Parish? Ashton O’Dwyer a/k/a “The WHITE Henry Glover”.

  16. AOD, thanks.

    I had meant ‘pretty well’ from the perspective of the residents and just plain the right cause as it had survived.

    I totally defer to you, so thanks for answering the questions, but how about a couple more and some notes?:

    – I was under the impression that the part of the class that was not certified (which I had thought was *not* the Hoey’s Basin claim but rather the other one, but maybe I have that wrong) was more or less pushed out before an actual ruling on the basis of some obscure sttaute that says that if a judge rules against class action certification the defendant(s) can come back after the plaintiff(s) for all costs and expenses of litigation. That might apply only where the state is a defendant. Rather than risk what they expected to be a bad result from Peytavin they folded.

    – I’m pretty sure the State in the form of the Parish (as you have it) is still a defendant in the surviving action.

    – Finally, I think Darlene Jacobs is known to be a lot of things but being someone who chases worthless, uncollectable judgements is not one of them, wouldn’t you agree?

  17. Hey Nowdy, sorry on my part as well for the poor standard informal coloquial salutation I engage in there; I need to watch that.

    About Caldwell, I think a lot of people either expected something different from him or didn’t know what to expect from him with respect to his running against Foti. Foti had his problems in the New Orleans area just from his very long time here as civil sheriff and it was here that he likely lost that election. Caldwell was from “up north” so I wonder how many people were really informed about him. God knows if people in Orleans knew then what they know now they would rip open the ballot machine to take their votes back if they could. I suppose Caldwell got into that election as a Democrat stalking horse just to take Foti out in the first place and I suppose that has been borne out. Now he no longer feels the need to even pretend. – If I could roll into a ball and express everything I feel about the injustices before, during and after Katrina I would, but that would definitely be part of it. What of the insurers? Where is the penalty for destroying a life time of checks, faith and investment on the basis of jesuitical policy arguments? Louisiana’s a heartbreaker, that never fails.

  18. Information trumps salutation.

    Hopefully, memory of those injustices factored in Judge Barbier’s decision to impose some restrictions on the oil spill claims process and consider others.

    Pete and Repeat

  19. To “telemachus”: Let me try to address your most recent questions about “the Broussard Flood” litigation and Darlene Jacobs. The “conflicted” (but nobody KNEW about it until day before yesterday, because HE didn’t disclose the conflict and his son’s representation of the Parish of Jefferson) Judge Peytavin certified as a class the residents of the East and West Banks of Jefferson Parish, EXCLUDING “Old Jefferson” and “Old Metairie” on the East Bank, which he believed (without any reliable scientific analysis) flooded as a result of the breach at the 17th Street Canal. These areas included “Hoey’s Basin”. I have long since tried to understand what might be going on in Darlene Jacob’s head. Her reaction to the Judge’s son representing the Parish, which I E-mailed her about day before yesterday, was to DO NOTHING and to suggest that “It doesn’t matter”. Much the same kind of reaction when I debated her ad nauseam in “the Broussard Flood” litigation about where the case should be litigated, who the defendants should be, and what the factual and legal issues were. During the past several months, I have had occasion to address with Darlene Jacobs, via E-mail, 33 Code of Federal Regulations Section 208.10 and other Federal regulations which, had they been followed by the Corps of Engineers, the State and the Parish, WOULD HAVE PREVENTED THE BROUSSARD FLOOD (even if the pumps had been shut down and the pump workers sent away). Darlene Jacobs HAD NEVER HEARD OF THESE REGULATIONS AND HAS NEVER CITED THEM TO ANY COURT. I also question why this case is being pursued as a class action. Not every claimant’s damages and losses can be the same. This is more of a “mass tort” case in which every claim will have to be evaluated individually, UNLESS the plaintiffs’ lawyers plan to attempt to settle the case for a “lump sum”, with their fees and expenses coming off the top, and “After we get paid who gives aFUCK if there is enough money left over to pay the members of the class?” Perhaps someone should ask Darlene Jacobs what her vision for “the Broussard Flood” litigation going forward might be, whether she plans to seek “the conflicted” Judge Peytavin’s disqualification and recusal for his judicial misconduct in not disclosing his son’s representation of the Parish, whether she plans to report “the conflicted” Judge Peytavin to “The Judicial Council”, how claimants will be compensated, how she and the other lawyers will be paid (and in what amounts), what “costs” have been incurred to date in prosecuting the case (and who has custody of the supporting documentation to be inspected to ensure that only legitimate cost are being billed to “the class”, etc., etc,. etc. One last point: I believe it was in the late Spring 2008 that I was approached by Darlene Jacobs at a crawfish party hosted by a mutual friend. It was obvious that some “unidentified” third-party had put Darlene Jacobs up to the approach, which involved her coming to sit next to me at the party. During our conversation she suggested that I should VOLUNTARILY RESIGN FROM THE PRACTICE OF LAW ON “MENTAL DISABILITY”, which she suggested would be a better result for me than what was about to happen (and unfortunately DID happen). I tried to be as polite as possible, but probably told her: “GO FUCK YOURSELF”. I don’t know for certain whose “bidding” she was doing, but I have a fairly good idea. The conspiracy to disbar me, and to disgrace, embarrass and humiliate me, not to mention “break” me financially, not only involved private citizens, but also State and federal Officials, including more than one Federal Judge. And Darlene Jacobs was and is “IN” on the conspiracy. Ashton O’Dwyer a/k/a “The WHITE Henry Glover”.

  20. This “Peytavin v. Peytavin” issue just gets “curiouser and curiouser” (or “worser and worser”). Richare Rainey and Paul Rioux on “nola.com” for 2/03/11 reported that the Jefferson Parish Council “unanimously chose the Gretna law firm Gaudry, Ranson, Higgins & Gremillion [Judge Peytavin’s son’s firm] to handle” any future litigation [for the Parish] connected to the BP oil spill. And the Council also passed a resolution on January 11, 2011 authorizing a contract for the Judge’s son, Michael Peytavin of the same firm, to negotiate a land fill project with “River Birch” on behalf of the Parish [I’ll leave comment on that Resolution to others]. It is obvious to me that the plaintiffs’ lawyers in “the Broussard Flood” litigation may want the Judge’s son’s firm to DISCLOSE just how much representation of the Parish and related entities and individuals there is and has been. On the other hand, like me, they may conclude that they’ve heard “enough”, and that the Judge should voluntarily disqualify himself. Ashton O’Dwyer a/k/a “The WHITE Henry Glover”.

Leave a Reply

Your email address will not be published. Required fields are marked *