Well “tickle my ass with a feather” if Hammerman didn’t put the hammer down on Buddy Caldwell and the apparently illegal contracts he let to his political supporters like Allan “Show me the money” Kanner, who is evidently is sleeping while on tower in Judge Barbier’s courtroom. None of this is a particularly new topic for us as Slabbed has covered the MDL litigation as well as the crash and burn of Ex Rel Branch but the grandaddy of Buddy Caldwell blogging is over at the Hayride with my colleague Scott McKay. We’re gonna get to Scott in a second but first Hammerman:
Yeah Buddy, Allan Kanner got lucky alright and you need a seeing eye dog if you are paying an attorney $600.00 an hour to sleep on the job.
There is additional context to the Kanner-Barbier-Caldwell donnybrook. We’re told by a friend in the legal community that Kanner and Barbier hate each other. We’re also told that Kanner really is a good attorney, but that once that case went in front of Barbier it was suicide to have Kanner sitting at the attorneys’ table. So when the judge singles out Kanner for abuse from the bench that’s nothing less than a the judge taking a chance to stick a knife in a guy he can’t stand. Who’s our attorney, by the way, and a damn expensive one, at that.
So we’re shelling out $600 an hour for this train wreck. And here comes Caldwell, who, asked about Barbier dissing his lead hired-gun outside counsel attorney in the trial transcript, thinks it’s a good idea to trash the judge for his level of attention to the trial.
This suit derives from GlaxoSmithKline’s unsafe drug Avandia, which is now the subject of litigation across the country. Glaxo’s suit is going after the team of private lawyers Caldwell hired to pursue the case, all major political cronies of his. Joe Gyan has all the skinny for the Advocate for today is evidently insurance litigation reunion day here on Slabbed as we welcome back Allan Kanner, who got his balls busted badly in Ex Rel Branch. (I think by Judy “Ball Buster” Barrasso if memory serves.)
Folks, rarely has a writer managed to weave so many angles of interest to the Slabbed Nation into one article as nicely as free-lance writer Jeremy Alford does for Gambit in his article Cash Cows. (H/T Editilla) There is only one place I know of that has woven players like Worley Catastrophe, Bermdoggle, Allan “Show me the Money” Kanner plus TheRiot and Magnum JD into a narrative and that of course is right here. Jeremy gets an A+.
The 5th Circuit has released its long awaited Opinion on the Appeal of the Katrina Qui Tam claim filed by a group of public adjusters as the Branch Consultants – an Opinion that references this year’s award-winning snark –
and the Big Sleazy in the Big Easy Award goes to…
Here, Sop, hold the envelope a minute while I direct readers to the excellent background you posted last March and April; and, take a quick look at the 5th’s Opinion – including a significant error.
We AFFIRM the district court’s dismissal of Branch’s claims against State Farm and Allstate. We REVERSE the dismissal of Branch’s claims against all other Defendants based upon the ground of the first-to-file bar. Rather than address Defendants’ alternative grounds for affirmance, we REMAND the cause so the district court can consider those arguments in the first instance…
The Court’s error is dismissing Allstate in light of the stated intent to dismiss the only Branch Defendants that Rigsby names.
Although Allstate was one of the four insurers named when the Rigsby sisters filed suit in April 2006, they later (March 05, 2008) filed a Consent Motion to dismiss three insurers – Allstate, Nationwide, and USAA. Judge Senter issued the Order on the 10th and received the needed approval of the Department of Justice a week later. Consequently, State Farm has been the sole insurer named as a defendant in the Rigsby qui tam for almost a year.
The obvious question is how did the Court make such an error and I have no answer. However, there are other misrepresentations of fact in the Opinion; and, on several of those I have more than a guess.