Anita Lee reports on the Rigsby qui tam Status Hearing

Although I wished to have been a “fly on the wall”, I don’t think I could have held on for four hours – and Anita Lee reports that’s just how long the attorneys argued: Judge L.T. Senter Jr. is weighing whether to dismiss a whistle-blower lawsuit against State Farm Fire & Casualty Co. or expand … Continue reading “Anita Lee reports on the Rigsby qui tam Status Hearing”

Allstate’s “nanny nanny boo-boo, you can’t catch me” defense of Louisiana qui tam cases

Nanny, nanny boo- boo! “…the Fifth Circuit knew full well that Allstate had been voluntarily dismissed from Rigsby before it ruled…” You can’t catch me! Significantly, Branch does not even attempt to address any of the controlling authority cited by Allstate that a voluntary dismissal is not tantamount to a dismissal under Rule 9(b) or … Continue reading “Allstate’s “nanny nanny boo-boo, you can’t catch me” defense of Louisiana qui tam cases”

Adjusters “special employees” not “contractors” – Farmers lost $10.4 million “wrongful termination” case filed by you won’t believe who

“…the amount of control that Farmers exerted over the everyday adjusting activities of these workers belied the title of independent contractor” Judge Senter stopped short of employment law in deciding the question of “retaliatory discharge” in  ex rel Rigsby v State Farm.  Although there is no such claim in ex rel Sonnier v Allstate, Relator … Continue reading “Adjusters “special employees” not “contractors” – Farmers lost $10.4 million “wrongful termination” case filed by you won’t believe who”

BREAKING NEWS – Zach files reply: Cites 5th Circuit and argues what Government

Will update later today.  Just stopping by to link Zach’s [Defendant’s] Reply Memorandum in Support of His Motion to Vacate His Conviction – safe to say he knows his Skilling – and list the points he argues the Government  contest and “therefore effectively conceded” The Government’s Response in Opposition (D.E. 309) has dramatically narrowed the … Continue reading “BREAKING NEWS – Zach files reply: Cites 5th Circuit and argues what Government”

Breaking News! Judge Senter’s issues two Orders in Rigsby qui tam – makes it clear he’s the boss, will hold December 1 Status Conference and reschedule trial

Well, State Farm’s proposed juror questionnaire obviously didn’t tickle Judge Senter’s funnybone like it did mine, nor did he find it as valuable as Sock.  However, there’s no guessing what he thought as he issued an Opinion – Order denying State Farm’s motion today and made his thinking exceedingly clear: In the past I have … Continue reading “Breaking News! Judge Senter’s issues two Orders in Rigsby qui tam – makes it clear he’s the boss, will hold December 1 Status Conference and reschedule trial”

Larry, his brother Darryl and his brother Darryl take their act to the Qui Tam Olympics

A little background here for new readers and a refresher for others:  Larry, a character on the old Newhart show, spoke for himself and his two mute brothers, both of whom were named Darryl. (h/t Sop for the reminder).  “Qui Tam Olympics” is SLABBED shorthand for the insurance industry’s effort to play Mississippi Judge L.T.Senter … Continue reading “Larry, his brother Darryl and his brother Darryl take their act to the Qui Tam Olympics”

Magnum JD goes into syndication. Slabbed repeats “Magnum breaks out the curry for Jindy and others with Naan” but first a word from our sponsors….

Given the circumstances, this may just be the second dumbest campaign commercial Diaper David Vitter has ever run, especially since he tried to carry water for BP after the spill via limiting their liability for the damage they caused. [youtube=http://www.youtube.com/watch?v=HqD1_DEoexc] I’ve come to realize the danger of ideology when ordinary folks allow themselves to become unwitting dupes … Continue reading “Magnum JD goes into syndication. Slabbed repeats “Magnum breaks out the curry for Jindy and others with Naan” but first a word from our sponsors….”

Round 2 – Responses filed to Motions in Rigsby qui tam

The filing of Response briefs last Friday signaled Round 2 in the briefing cycle  to be completed before the Court reschedules the Status Conference previously set for today. Since Judge Senter’s Order canceling today’s conference did not specify the pending motions, we turn to the docket listing showing the Rigsbys filed a Response in Opposition … Continue reading “Round 2 – Responses filed to Motions in Rigsby qui tam”