Judge Mills moo-ves trial date for USA v Moultrie to August 25

Due to the multiple defendants and the complicated nature of the prosecution, Northern District Chief Judge Michael P. (Mike) Mills said it was unreasonable to expect adequate preparation time for the May date USA v Moultrie was set for trial. The Daily Journal reported Mills agreed with defense and government requests when he provided slightly over three months of additional time for preparation.

Indicted March 25 were Facilities Management Group of Smyrna, Ga., which operates under several different names, and three of its executives – Nixon Cawood Jr., 58, Robert Moultrie, 67, and Charles Morehead, 57.

They are accused in a 16-count conspiracy “to corruptly influence and reward a public official” and to scheming to defraud numerous people, entities and the state of Mississippi in connection with the beef plant constructed in Yalobusha County.

I suppose what makes the prosecution so complex is the beef plant closed and their candidate lost – certainly not what one would expect from a successful businessman like Moultrie given his ties to the Chamber of Commerce.

Gulfport Library on Tomorrow’s City Council Agenda

DLP sent me an email asking to publicize tomorrow’s City Council meeting where a vote will be held to rescind the demolition of the old Gulfport Library.  The post which describes the events leading up to tomorrow’s vote is here. This issue merits further public discussion and input. Vote with your feet and show the City leaders you care about this issue. Be there tomorrow at 2:30PM.


State Farm grasping at straws in response to Qui Tam?

Would Jethro Bodine be able to figure out no one in the trailer on March 11, 2006, was watching the Beverly Hillbillies?

Read Toot, Toot Judge Senter – hear that whistle blowing – a Sop and Nowdy tag team post – and see if you agree with us

Those who would so easily dismiss the Cori and Kerri Rigsby as document theives are misguided…

Then, give yourself a screen name and comment (valid email required but not published).

I’m adding this here as the other post is too long. I saw this AP story on yesterday’s developments thanks to our friends over at the New Orleans News Ladder. Our blogroll just grew by one.  :-)  sop

Toot, Toot Judge Senter – hear that whistle blowing? (A Nowdy/Sop Tag team Post)

State Farm just needed Judge Senter’s DQ to launch an all out attack on the Rigsby sister’s Qui Tam. Answer Authorities Motion to Dismiss Motion to Disqualify Counsel Motion for Summary Judgement Support

Those interested in knowing more about Qui Tam law will find a helpful overview here. Those interested in finding out what really happened in that trailer will have to wait to read what attorneys for the Rigsby sister’s file for the definitive answer – or visit here and read more about the latest fantasy.

I have tried to picture in my mind what was going on there: was everyone huddled around looking at claims files on a laptop, gazing with wide open eyes at the wonder of it all? Was everyone present at once? Were some people off in a corner watching reruns of the Beverly Hillbillies, drinking a Pepsi and paging through Oprah’s latest magazine?

Obviously, this is no ordinary FEMA trailer fantasy! Continue reading “Toot, Toot Judge Senter – hear that whistle blowing? (A Nowdy/Sop Tag team Post)”

LA Supremes drive their “chevy to the levee” – Sher comes up dry (Updated)

In deciding Sher – the suit filed by 92-year-old Holocaust survivor Joseph Sher – the Louisiana Supreme Court relied on Webster to determine the cause of property damage when the levees failed following Hurricane Katrina. Unfortunately for Sher, it was Noah the lexicographer and not Daniel, the great compromiser.

“Contrary to the court of appeal’s reasoning, this definition (of flood) does not change or depend on whether the event is a natural disaster or a man-made one — in either case, a large amount of water covers an area that is usually dry,” the court opinion said.

The Times-Picayune reported the more about the decision released today in the full story.

The Louisiana Supreme Court today dealt a final blow to the argument that homeowners insurance policies should have covered the damages caused by levee breaches during Hurricane Katrina, saying the disaster was clearly a “flood” that’s excluded from coverage. Continue reading “LA Supremes drive their “chevy to the levee” – Sher comes up dry (Updated)”

A Quick Shout Out

In my hobby world of investing, considering alternative viewpoints is crucial to success. While Katrina and the resulting litigation has been a frequent topic for national discussion, one of the reasons I began blogging was the story…..our story was not being conveyed from a local perspective.

Understanding Katrina and the totality of it’s aftermath requires living the experience. Understanding the litigation means there is no substitute for being present and accounted for as Mr Richard Trahant, the attorney for the Weiss family pointed out here. Unfortunately the alternative viewpoints of those who were slabbed by Katrina became lost in the shuffle on the national stage, often dismissed as fringe or emotional as well exhibited by “Thick” yesterday against the well reasoned alternative viewpoint of “Coastboy” in an insurance industry law blog.

Against that backdrop I was most honored to have yesterday’s Allstate Challenge post featured in Ms Vickie Pynchon’s Negotiation Law Blog. Her reply to the comment I left there was both excellent and even handed in my opinion. I urge our readers to pay Ms Pynchon’s entry a visit. Continue reading “A Quick Shout Out”

Breaking: Broussard Reversed by 5th Circuit. Sent Back for New Trial (Updated 2X)

Here is the today’s full Sun Herald story by Anita Lee.

The 5th U.S. Circuit Court of Appeals threw out a $1 million punitive damages verdict against State Farm Fire and Casualty Co. on Monday and sent the case back to federal court in Gulfport for a jury to determine how much the company owes Biloxi policyholders Norman and Genevieve Broussard.

State Farm was not malicious or grossly negligent in adjusting the Broussards’ claim, the court found, negating punitive damages that are awarded to deter bad behavior.

“We’re happy with the appellate court’s decision,” said State Farm spokesman Phil Supple. “This ruling confirms our belief the jury should have been given an opportunity to evaluate the question of what damage was caused by wind and what damage was caused by water. It has also been our belief there was no basis for punitive damages, and the appellate court agreed.” Continue reading “Breaking: Broussard Reversed by 5th Circuit. Sent Back for New Trial (Updated 2X)”

We the People…..

Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it’s the only thing that ever has.

This Margaret Mead quote graces my Yahoo profile. The quote and sentiment has accompanied my new found political activism on insurance issues, specifically Gene Taylor’s multi peril bill HR 3121 that has clung to life seemingly against all odds.  The resulting cyber journey has literally taken Nowdy and I across this state and country.

Trying to make a difference on an issue as large as Cat insurance has proven a tough nut to crack and is a long term project as insurance issue lifers like Brian Martin of Representative Taylor’s staff can attest. However I’m gratified that my work on insurance helped inspire one of my employees to take a stand on a local issue she feels strongly about, the Gulfport library and its relocation. I briefly mentioned Deb in an earlier shout out on another topic. Continue reading “We the People…..”

Subsidy for Dummies (who think the insurance industry isn’t subsidized)

When the opposition to HR3121 started talking nasty-nice about the subsidy for wind damage, I knew it was time to write Subsidy for Dummies (who think the insurance industry isn’t subsidized).

You see, those most likely to oppose HR3121 are also likely to already benefit from various government subsidies as much, if not more, than others as tax breaks are the most common form of government subsidy – monetary support the government provides to individuals or enterprises when such support is deemed to be in the public interest.

Consequently, a tax break for whatever purpose – even one for sending your kids to college – is a subsidy and so is the fee paid to insurance companies for the cost of processing claims payable from the National Flood Insurance Program. Continue reading “Subsidy for Dummies (who think the insurance industry isn’t subsidized)”

The Herald Tribune Takes the Allstate Challenge and Slams Claims Practices

I saw a link posted today on the Yahoo ALL board where Nowdy and I also post that I can’t let slide by today.  Before I jump to today’s Herald Tribune story some background is needed. This post will be long out of necessity. I hope our readers can hang with us while the story is developed.

First stop is the Allstate corporate website and a press release issued just hours after Commissioner McCarty suspended Allstate from doing business in Florida.

Allstate announced today that it publicly released approximately 150,000 pages of documents pertaining to a review of its claim practices conducted in the 1990s. Allstate was assisted in the review by business consulting firm McKinsey & Co. Continue reading “The Herald Tribune Takes the Allstate Challenge and Slams Claims Practices”