A “Nowdygram” on the latest developments in USA Ex Rel Rigsby v State Farm

With due respect to Anita Lee I’ll let my former partner in blog go first:

Checked PACER to see if anything came up as the Rigsby’s rested their case…Sure nuf’ SF filed a motion for judgment as a matter of law under Rule 50 – just a docket entry…said the Court heard arguments and took the matter under advisement…did not say what the law was…

I looked up “judgment as a matter of law

(a) Judgment as a Matter of Law.

(1) In General. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may:

(A) resolve the issue against the party; and

(B) grant a motion for judgment as a matter of law against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.

(2) Motion. A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.

I do not see Judge Ozerden tossing this suit mid trial and this rule 50 motion seems like a standard defense tactic. Turns out Cori Rigsby did not take the stand yesterday so the Plaintiffs rested their case and State Farm took the floor with a Woody:

State Farm never called Katrina ‘water’ storm, adjuster testifies ~ Anita Lee

Three adjusters testify State Farm claim properly handled properly ~ Anita Lee

Meantime up in Jersey:

2 months after Superstorm Sandy, many in most devastated South Jersey communities still struggling to recover ~ Spencer Kent and Brittany M. Wehner

Less satisfied with her insurance coverage is homeowner Jeanna Weber, a 25-year resident of Fortescue.Weber says she’s frustrated, tired of calling her insurance company without any response. She has been calling since October, she said, but to no avail.

2 thoughts on “A “Nowdygram” on the latest developments in USA Ex Rel Rigsby v State Farm”

  1. “In his experience, Woody said, State Farm goes out of its way to pay policyholders what is owed.”

    WTF does this even mean? That’s like someone saying he gave it 150%. Why would State Farm have to go “out of its way” to pay what it owes its customer under a contract? I thought that’s exactly what State Farm is legally obligated to do, so why should they have to go out of their way? This sounds like contrived, hyperbolic testimony.

    I think it looks bad that Cori Rigsby did not testify. The Rigsby attorneys are so hamstrung in this case, being relegated to the McIntosh residence. And then of course, there is the little matter of the McIntoshes (or their attorney) agreeing that State Farm adjusted the claim fairly.

    The current Rigsby attorneys inherited a bad set-up in this case. They have faced an unfortunate uphill battle.

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