Magnum scores a TKO in the War by the Shore! (Part 1)

Any U. S. Magistrate from South Texas to the Southern District of Alabama could have written this exact same Order and Opinion in the aftermath of Hurricanes Katrina, Rita, Wilma and then Ike but discovery abuses were tolerated in the Fifth Circuit by and large. Cases were kneecapped out of the gate on the theory that money cases should settle and in the process bad faith claims handling was institutionalized under the law. Magistrate Gary Brown from the Eastern District of New York took a look at the case from a different angle and he came to a far different conclusion. Here is the salient verbiage:

The context remains important: according to the City of Long Beach, the losses here totaled approximately $205,000, while the testimony at trial suggested that the insurer has already paid out about $80,000. Pl’s Ex. 1. Thus, based on these rough figures, the most that could be at issue here amounted to approximately $125,000 and, based on the coverage limits of $250,000, no more than about $170,000 could be at stake. To a government-backed insurer, these are trifling figures, and in the world of federal cases, such figures are unimpressive, particularly when compared to the exorbitant costs of litigation. On the other hand, to individual homeowners, these are staggeringly large sums.

Before I present the 27 page Judicial beatdown of the National Flood Insurance Program and it’s lawyers over at Gerald Nielsen’s law firm, I’ll opine that what we have here is the tail wagging the dog. Magnum and his people over at Gauthier Houghtaling and Williams certainly expended a fortune to uncover the unsavory claims practices including the bullshit revised engineering reports insurers relied upon to deny coverage after Superstorm Sandy (and here on the coast after Hurricane Katrina) and they deserve props for the time, money and effort. Click the pic to nab the 27 page pdf:

In Re Hurricane Sandy (Raimey) 14-mc-41 Doc 655 In Re Hurricane Sandy (Raimey) 14-mc-41 Doc 655

You know the season is down the tubes when……

The biggest story line coming out of a disappointing loss is a Saints fan taking liberty with Jimmy Graham’s ass followed by the same fan apologizing the next week (during a disappointing loss) for groping Graham’s ass the week before:

And of course through it all the fans in the Dome (don’t get me started on that stupid train whistle) are keeping it classy by throwing elbows to the chin of a female Bengals fan (who has evidently never been to Mardi Gras):

Yes it is true the secondary has been decimated due to injury but there is a bigger problem at play with the Saints defense. When Rob Ryan showed up the Saints were supposed to swap over to Ryan’s version of the 3-4. Victor Butler was signed as a free agent joining Will Smith and Junior Gallett at outside linebacker. Butler and Smith both ended up hurt, Ryan adapted to his personnel moving Gallett back to D-End and swapping schemes to a 4-2-5 featuring 3 safeties. The Saints experienced some success last season in that scheme. Not so this year as the Saints zone coverage has been easily shredded. The secondary is not the biggest problem here as the lack of a consistent pass rush from the front 4 leaves the back end of the defense exposed. Continue reading “You know the season is down the tubes when……”