Reaction to Corban Ripple Across the Media

Anita Lee’s story on Corban is here with commentary from head III shill Robert Hartwig himself (picture found here). The bottom line per Judy Guice: “To me, this was always much more than just a business issue. This was a personal issue to me. Getting the law straight was really one of the critical parts of … Continue reading “Reaction to Corban Ripple Across the Media”

expedite is a plaintiff’s turtle and insurer’s hare

There is a time disparity is the Court’s treatment of plaintiffs and defendants that has resulted in a situation where expedite is a plaintiff’s turtle to the advantage of insurer defendants making expedite their hare. Turtles are everywhere in Katrina litigation – often with the information needed to represent the plaintiff shielded in privilege logs … Continue reading “expedite is a plaintiff’s turtle and insurer’s hare”

Weathers Bitch Slaps Eleuterius while the Supremes sing a new legal precedent song: An O’Keefe v State Farm update

We have activity in the Federal Case O’Keefe v State Farm and this time due to a somewhat unlikely source, the Mississippi Supreme Court. This is a good topic because it appears from the conduct of the Corban proceedings the Court is once again deciding cases based on legal precedent which had become somewhat of … Continue reading “Weathers Bitch Slaps Eleuterius while the Supremes sing a new legal precedent song: An O’Keefe v State Farm update”

SLABBED Daily – July 2

Congressman Taylor’s letter to Secretary Napolitano and video once again call our attention to the transcript of the oral arguments presented to the Mississippi Supreme Court in Corban v USAA. A start-to-finish reading of the transcripts makes it clear that many here have spent the four years since Katrina  in an effort comparable to nailing  … Continue reading “SLABBED Daily – July 2”

O’Bannon cites Corban transcript in Motion to Stay case against Nationwide

Honesty is the best policy – and, a hurricane policy written to exclude damage from a hurricane is honestly not the best policy. Consequently, Counsel for O’Bannon filed a Motion to Stay O’Bannon v Nationwide pending the Mississippi Supreme Court’s decision in Corban v USAA claiming, Nationwide further showed its “true intention” of unfair and … Continue reading “O’Bannon cites Corban transcript in Motion to Stay case against Nationwide”

Insurer defendants attempt detour of Road Home

Having discovered the detour attempted by the insurer defendants of Louisiana’s Road Home litigation – a petition to the Fifth Circuit with leave to file an Interlocutory Appeal granted the 19th of this month – SLABBED turns to the orders of Judge Duval for background on the issues under Appeal. The Louisiana Road Home program … Continue reading “Insurer defendants attempt detour of Road Home”

Nationwide keeps MacGuffin in the plot with Opposition to Politz motions

Since needless repetition can suggest mental health issues, could it be that Nationwide’s handling of the Politz claim has caused the Company emotional distress, too? Maybe so.   Defendant Nationwide’s 18-page Response in Opposition to Plaintiff’s Motion for Review of Magistrate Judge’s Order, of course, has more pages than the 12-page, trimmed-down revised version filed as … Continue reading “Nationwide keeps MacGuffin in the plot with Opposition to Politz motions”

about the video of oral arguments in Corban v USAA

Submitted as comment, this review of the Corban video is a must-read that contributes much to the discussion. h/t Brian Martin Aside from interesting reading, these comments provide background for the post  I’m writing on cases currently in litigation and I’ve taken the liberty of adding links and bringing the comments forward as a post. … Continue reading “about the video of oral arguments in Corban v USAA”

1:30pm CST live from Mississippi Supreme Court – Oral arguments in Corban v USAA

Click here to access the Mississippi Supreme Court broadcast. The Court is hearing an Interlocutory Appeal of the Corban decision – a decision based on the application of the Fifth Circuit’s Erie guess in Leonard v Nationwide.

Anti-concurrent causation intended to contractually overturn efficient proximate cause – according to in-house attorney for State Farm

…and that I know because David Rossmiller said it was in an article he wrote on Plain English for the Spring 2008 issue of the Oregon Association of Defense Counsel. In a 1985 article about the drafting of State Farm’s anti-concurrent-cause provision, Michael E. Bragg, an in-house lawyer with the insurer, said drafters made attempts … Continue reading “Anti-concurrent causation intended to contractually overturn efficient proximate cause – according to in-house attorney for State Farm”