Category: Bossier v State Farm

Breaking News – Bossier v State Farm fully and finally settled

TEXT ONLY ORDER finding as moot [198] Motion to Alter Judgment; finding as moot [200] Motion for Judgment as a Matter of Law; finding as moot [200] Motion for New Trial; finding as moot [204] Motion for Taxation of Costs; finding as moot [210] Motion to Review; and finding as moot [213] Motion to Review.

All motions are rendered moot in light of the announcement by counsel for the parties that this cause of action has been fully and finally settled. NO FURTHER WRITTEN ORDER SHALL ISSUE.

Signed by District Judge L. T. Senter, Jr., on January 12, 2010.

That’s the ballgame! No details available.

BREAKING NEWS – Bossier moves for Judgment as a Matter of Law or New Trial

Pursuant to Rule 50, Fed. R. Civ. P., Plaintiff moves for judgment as a matter of law on all issues concerning contract damages on the grounds that the jury did not have a legally sufficient evidentiary basis to find in favor of Defendant….

The law is clear that when considering a Rule 50 motion, “the Court must review all of the evidence from the record, draw all reasonable inferences in favor of the non-moving party, and may not make credibility determinations or weigh the evidence.” Poliner v. Texas Health Systems, 537 F.3d 368, 376 (5th Cir. 2008).  While this standard is a heavy one, in the case sub judice the evidence presented at trial compelled a finding in favor of the Plaintiff. The jury’s contrary verdict should not be allowed to stand.

This Honorable Court denied Plaintiff’s Motion for Judgment as a Matter of Law after Defendant’s presentation of the evidence, but noted during the jury instruction conference that the motion probably should have been granted.

On blog and off, readers have consistently offered positive comments about Bossier’s counsel Judy Guice calling her an ethical, smart lawyer that fights for her clients. At least one has mentioned that putting clients first, not money, is what all lawyers are supposed to do.

Nothing is more telling of Guice’s client-first commitment to the practice of law than the Motion for Judgment As A Matter of Law or in the Alternative for a New Trial and the Memorandum of Support – both were filed Friday in Bossier v State Farm and followed by a relatedOrder from Judge Senter.

Guice’s Memorandum in Support of the Motion for Judgment as a Matter of Law put a compelling argument on the table:

Defendant bore the burden of proving that all of Plaintiff’s dwelling loss beyond that which had previously been paid resulted from storm surge flooding. It failed to carry this burden. Indeed, Defendant failed to offer a qualified expert witness on the issue of causation. Continue reading “BREAKING NEWS – Bossier moves for Judgment as a Matter of Law or New Trial”

While today’s Bossier verdict is still a rumor, chew on this!

If you read A Private Matter, a Public Court, you’ll know how deeply troubled I am by the injustice in our system of justice.  I’m even more concerned after reading a comment reporting:

Unconfirmed, but I’m hearing it was a defense verdict today. No punitives, no extracontractuals.

Once again, I ask: Where is the law that prohibits Judge Walker from allowing State Farm to run out the clock and run up the tab on plaintiffs?  bossier-timeline3

In early August, the 10th in fact, SLABBED posted a timeline of Guice’s five-month effort to compel discovery in Expedite is a plaintiff’s turtle and an insurer’s hare.

Slabbed also reported Bossiers’ counsel was still fighting the discovery battle two week’s before trial – Bossier challenges State Farm’s round tuit approach to compliance with Court’s Order – Trial begins in 2 weeks!

Out of respect for the chair, or in this case the bench, I held my tongue typing finger over the most telling Order of all SLABBED reported: Judge Walker sorta sanctions St. Farm – issues parking ticket in Bossier v State Farm.

I repeat, there was no justice, kindness or humility in Judge Walker’s orders nor any excuse for his conduct of the pre-trial discovery in Bossier…Give juries the evidence needed to make just decisions. Open court so that open court is a reality and not a lofty ideal.

A private matter, a public court – SLABBED reponds to Judge Senter

“This is a public court…It belongs to the citizens. I believe in hearing everything in open court if I can.”

Federal District Judge L.T. Senter, Bossier v State Farm

Open court is not a place where Judge Senter presides.  Instead, it is the envelope of the litigation process – the structural architecture holding together our system of  justice for all.

Bossier property post-Katrina

Like the envelope of homes that stood against Katrina’s wind and water, not all damage to our system of justice is visible to the naked eye.

Neither was the damage to the Bossier’s home.  Continuing with the analogy, tort reform and other system changes simply hide the cracks. What is needed is change that strengthens the structural architecture of the envelope, Open court – change that Judge Senter can make:

  • Modify the Mediation Order so that the period of mediation immediately follows the filing of a Complaint and Answer.
  • Improve the quality and oversight of the mediation process and require plaintiffs to attend a pre-mediation session conducted by the court that fully explains the process.
  • Require all motions for a protective order to fully comply with the Rules requiring specificity in the documentation of “good cause” and deny any that do not with prejudice.
  • Insist settlement conferences are documented with the technology used for video depositions and privately review the tapes before sealing.
  • Limit the power a magistrate has to keep evidence out of court. Continue reading “A private matter, a public court – SLABBED reponds to Judge Senter”

Breaking News! Jury decides for Bossier – Phase II starts Thursday! UPDATED

Minute Entry for proceedings held before District Judge L. T. Senter, Jr: Jury Trial held on 11/10/2009: PHASE I COMPLETED, JURY VERDICT returned in favor of Plaintiff; Court ruled State Farm had no arguable reason for delinquency, therefore, PHASE II of JURY TRIAL TO BEGIN 11/12/09, at 1:00 P.M.; COUNSEL to reconvene in Chambers, 11/12/09, at 10:00 A.M.

I’ve been Sop’s blog partner almost two years now; and, Bossier v State Farm is one of the few cases the first case I’ve covered that has come close to trial.  In fact, the only trial other than Bossier that I recall at the moment is Lisanby v USAA.

The jury’s decision is sealed; but the minute entry tells us a jury of peers heard the evidence and decided in Bossier’s favor and Judge Senter’s ruling – no arguable reason for delinquency – set the stage for Phase II.

Congratulations to the Bossiers and to their attorney and tireless advocate, Judy Guice! Continue reading “Breaking News! Jury decides for Bossier – Phase II starts Thursday! UPDATED”

State Farm’s expert[sic] all wet: Bossier v State Farm trial update

In a written statement Monday, State Farm said “… based on the testimony of both parties, it is clear that Mr. Bossier and State Farm have different views regarding whether it was wind or storm surge that destroyed Mr. Bossier’s home.

Different views, indeed. Why else would there be a trial? It was their differing views of an expert qualified to determine cause of loss, however, that were at issue when the trial resumed yesterday.

Last week ended with Bossier’s question on the table; i.e., were State Farm’s expert witnesses, Forrest Masters, Ph.D. and Robert H. Weisberg, Ph.D., qualified to give an opinion on the cause of Bossier’s loss? State Farm answered by filing a Bench Memorandum stating the Company’s position: Continue reading “State Farm’s expert[sic] all wet: Bossier v State Farm trial update”

Bossier delayed until Monday

As I alluded yesterday we heard the rumor about the delay and Anita Lee made it official. Today she gives us some added color to the cause:

The fifth day of trial in a Hurricane Katrina wind vs. water case was cancelled Friday because Judge L.T. Senter Jr. was sick.

The jury trial in Bossier v. State Farm is expected to resume Monday morning in U.S. District Court.

Reginald “Ed” Bossier contends that wind effectively destroyed his one-story home before the tide from the Back Bay surged through.

The story also contained an interesting tidbit we’ve been all over since it happened in the very late belated payment to the Bossiers for their outbuilding. Again this is manifest bad faith and illustrates State Farm’s deny first and delay payment approach to their claims handling: Continue reading “Bossier delayed until Monday”

Oops! State Farm’s experts on damage to Bossier’s home aren’t licensed – Judge Senter to issue ruling today

The trial resumes at 9:30 this morning. Judge L.T. Senter Jr. is expected to rule on how extensive testimony will be from two State Farm experts, an oceanographer and Florida university professor with a doctorate in engineering.

The witnesses are not licensed engineers, so Senter must decide if they can dispute a damage report, ordered by Bossier, in which a licensed engineer concluded that wind effectively destroyed the house.

Is State Farm trying to set up a run-to-mama-Jones appeal to the Fifth Circuit?  I don’t know the answer but I’d bet a slab Judge Senter is giving the possibility a great deal of thought.  Whatever else one can say about State Farm aside, no one would ever suggest the Company wrote “Insurance Claims Litigation for Dummies”– so there must be a reason the State Farm defense team looks like a bunch of monkeys f*&%#$% footballs in the Bossier trial. Anita Lee reports on what took place in court Thusday for the Sun Herald in State Farm manager notes: ‘Just say no’:

Two independent adjusters for State Farm testified in a Hurricane Katrina insurance trial Thursday that an 8-foot tidal surge destroyed the home of Reginald “Ed” and Katie Bossier on Back Bay, but both adjusters also said they could cover only visible wind damage. Continue reading “Oops! State Farm’s experts on damage to Bossier’s home aren’t licensed – Judge Senter to issue ruling today”

Judge Senter dismisses jury briefly, suggests State Farm settle with Bossier (can you belive it?)

State Farm attorney Ben Mullen said the Mississippi Supreme Court only recently clarified that insurance companies bear the burden to prove water caused a loss before payment is denied.

Senter corrected him, saying, “That’s been the law since 1910, counsel.”

Anita Lee – of course – has the story for the Sun Herald – and what a story it is!  According to Lee, it all started when Bossier had just finished presenting evidence that he should be paid policy limits of $650,000 on his Hurricane Katrina claim.

Senter dismissed the jury, then heard State Farm’s argument that the policyholder’s case was so weak the judge should dismiss it without rebuttal from the insurance company. Senter rejected the motion, then suggested State Farm consider making an offer to policyholder Reginald “Ed” Bossier that would end the trial.

Senter said the record so far includes “some pretty tough stuff” pertaining to the insurance company. “See what you can come up with,” Senter told the attorneys, “and everybody can come out of this with a degree of honor.” Continue reading “Judge Senter dismisses jury briefly, suggests State Farm settle with Bossier (can you belive it?)”