Judge Senter’s Opinion covered a lot of ground and left only one issue outstanding:
The next four State Farm motions seek the exclusion of the Relators’ four expert witnesses: Patrick J. Fitzpatrick, Ph.D. ; Keith G. Blackwell, Ph.D. ; R. Ralph Sinno, Ph.D. ; and David J. Favre . I will address the motions     challenging the qualifications of the Relators’ expert witnesses in a separate opinion.
SLABBED has given these four motions little more than passing mention although we’ve covered State Farm’s backdoor approach attacking the credibility of these same witnesses in other cases.
Frankly, State Farm’s use of “demonstrative evidence” at the hearing made their motions “moo” to me (as in “bull$%&t”) and, instead, SLABBED posted State Farm plays video game at Rigsby qui tam hearing after noticing items on State Farm’s evidence list were contrary to an earlier Order that read in part:
Defendant will not be allowed to introduce “demonstrative evidence” under the guise of calling it a “supplement,” especially when it appears that the sole purpose for offering the “supplement” is not to fulfill a duty under the Federal or Local rules, but to avoid the Court’s prior ruling on a similar issue. Furthermore, placing the burden on Plaintiff at this late date to counter this material is unduly prejudicial.
That same thinking should apply to State Farm’s effort to disqualify experts who have testified in countless other cases. However, in pulling the post to add the link to this one, I noticed something interesting related to what’s hot in Judge Senter’s Order
so I may know the outer limits of the potential claims involved in this
action, I will require State Farm to submit, in camera, a list containing the name of the insured, the address of the property, and the amount of flood insurance paid, for all SFIP claims that meet the following criteria…
We’ll get to the criteria after looking at these maps: Continue reading “Rigsby qui tam – what’s hot, what’s not, what’s up?”