Breaking: Judge Senter DQ’s Missouri Lawyers in Ex Rel Rigsby

There is no joy for the taxpayers today as Judge Senter has DQ’d the Missouri duo law firms.  The gist of his reasoning is that they found out about the consulting arrangement after the fact and took no action when they found out.  I’m uncertain as to what action they could have taken except withdraw but Judge Senter’s reasoning is what it is.  Here is the pdf of the today’s order.

Now we are up to 2 and a half years with no justice for the slabbed.

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About that State Farm Shredder Truck……

By the Spring of 2006 I had settled my insurance claims and we began planning the rebuilding process that continues to this day. The practice was overloaded with work as my flooded out construction clients were booming with rebuilding related business. I still remember that day in the late spring of 2006 when Steve called my cell phone, “The shredder truck is at (the State Farm) office”. He told me he had noticed the truck there more than once.  This office like all State Farm offices in Bay-Waveland were flooded out just 7 months before.

By March of 2006 State Farm had denied most of the claims for wind coverage where there was also flood damage. In that instance, State Farm would have also previously adjusted the flood claim and paid it. This detail is worth noting now because it is important to the concept of “double-dipping” where an insurer gets to take credit for NFIP payments even if it over apportioned total damage to NFIP (more on that a bit later).

As featured in the 4th video clip of the CNN special by Kathleen Koch featured in our memory lane post, by March of 2006 angry policyholders were picketing local State Farm offices. Steve had noticed the shredder truck at one and given what had happened to the policyholders since the fall of 2005, drew the only conclusion his experiences with State Farm would let him. They were destroying evidence in advance of the litigation. To memorialize the event he bought a disposable camera and took some pictures of the truck. He gave them to Zach Butterworth. Continue reading “About that State Farm Shredder Truck……”

It’s the Dog’s Fault: State Farm & the New Fido Defense to Claims Dumping

State Farm has utterly failed in their transparent attempts to character assassinate Todd Graves, Chip Robertson and Tony DeWitt. Their forays into the sex lives of the Rigsby sisters has failed to shut them up. So what’s next? That’s right ladies and gents, lets blame the claims dumping allegations on Kerri Rigsby’s dog. Here at slabbed we’ve coined a new term for this new and stunningly brilliant legal strategy. Henceforth it is now know as the Fido defense. Mr Claimsguy do you think this dog will actually hunt?

David Rossmiller expounds this new legal theory asserting State Farm’s innocence best:

The money collected, however, appears from the testimony not to have gone directly to Kerri Rigsby but into an account for something called Payton Properties — recall that Payton is the name of her dog, and recall also that there exists an 8 by 10 photo of the dog that was produced at the deposition.  The account, it seems, was not for the dog, however, despite the name of the company. It was, however, named after the dog, of this we can be sure. Continue reading “It’s the Dog’s Fault: State Farm & the New Fido Defense to Claims Dumping”

“They Blew the Whistle on What They Believed was Wrongdoing”

I made my early morning newspaper rounds and saw both the Sun Herald and the Clarion Ledger picked up the story of the reply briefs submitted by the Missouri Qui Tam team.  We start with the Sun Herald coverage by Michael Newsom:

Attorneys for the two women at the center of the State Farm whistleblower lawsuit asserted on Monday their clients did what they thought was right and legally recovered evidence against the company.

 Attorneys for Cori and Kerri Rigsby filed a 51-page, 17-point rebuttal in federal court Monday to State Farm’s counterclaims the two women conspired with lawyer Dickie Scruggs and other attorneys to steal confidential business records and profit from false charges against the insurer, which has been sued by Scruggs and others after Hurricane Katrina. Continue reading ““They Blew the Whistle on What They Believed was Wrongdoing””

On the Meaning of Lecky King Taking the 5th Amendment

I found a great explanation, beginning on page 20 of the Answer to the Defendant’s Counterclaim in the Affirmative Defense section. I wondered aloud if State Farm were grasping at straws in their recent filings on the Qui Tam case. I wondered privately if the lawyers at Butler Snow knew anything about the False Claims Act after reading their briefs. I’ve seen far better work out of that firm.

The salad days of using Dickie Scruggs as a boogie man to bulldoze the insurance civil litigation are over. The McIntosh family has a real blue Chipper on board in Chip Merlin. The Rigsby sisters, who happen to be clients of the Missouri duo, have specialized False Calims Act Lawyers who actually appear to know their Qui from their Tam. Let’s join them in reading some excerpts from today’s Answer to Defendant’s Counterclaim. You can find that and all of today’s filings on our Qui Tam page.

Since at least September 3, 2005, State Farm Insurance, E. A. Renfroe & Company, and its other many co-conspirators have been engaged in a concerted effort to defraud the United States through its National Flood Insurance Program.

State Farm sent a “catastrophe team” to the Gulfcoast for the purpose of carrying out a complex scheme to reduce the amount of cash outlay that State Farm and its reinsurers would have to expend in paying Katrina damage claims.

One mechanism selected for this purpose and process was a plan to push as much of the coverage issues as possible off on the National Flood Insurance Program through the submission of false and fraudulent claims.

The chief facilitator of this plan was a State Farm employee by the name of Alexis King. Continue reading “On the Meaning of Lecky King Taking the 5th Amendment”

And Alex the Question is: When was April 14, 2006? (Updated)

Why was State Farm fishing for the date of that April meeting between the Rigsby sisters and the Qui tam Attorney’s referenced in Cori and Kerri Rigsby’s depositions? To set up today’s legal filings let me quote from Kerri Rigsby’s November 20, 2007 deposition on page 21.

Q. Did you access that file in March of 2006?
A. If you say I did, I believe you. I would not be surprised if I didn’t, but I don’t know if I looked at it in March 2006.
Q. Well, if I ask you to assume that you accessed that file on March 11th, 2006, starting at 2:20 in the afternoon, you wouldn’t deny that, would you?
A. I wouldn’t. I would not.

Why is this exchange important? The Rigsby sisters were not clear on the dates or whom they met with in the Spring of 2006. State Farm knew the exact date and time they accessed their system in March 2006. But there it is starting on page 181 of Kerri’s deposition no exact date was specified by State Farm’s lawyers because State Farm didn’t know the date. Let’s return to page 67 of Cori Rigsby’s deposition from November 19, 2007 to see more of the fishing expedition. Continue reading “And Alex the Question is: When was April 14, 2006? (Updated)”

Slabbed is the Place for Your Rigsby Qui Tam Balance

Slabbed is the place if you want to see Qui balance with Tam in the Rigsby sisters Qui Tam claim against State Farm.

Qui Tam is all about balance – the interest of the one who blows the whistle on a false claim against the government (the realtor) as well as the interest of the government.

Increasing and increasingly vicious attacks on the whistle blowing Rigsby sisters, Cori and Kerri, escalated to include their Qui Tam attorneys after USA v Scruggs was “out of the way” and the focus shifted to disqualifying the member firms of SKG reformed after Scruggs indictment as KLG as well as the Qui Tam Lawyers from Missouri who were never a part of the Scruggs or the KLG joint venture.

Slabbed is committed to balance and we work hard to provide it on every issue – so, if you’re looking for balance on the Rigsby’s Qui Tam case and justice for all, this is the place. Continue reading “Slabbed is the Place for Your Rigsby Qui Tam Balance”

Suspension of Ex Rel Rigsby Sought (Updated)

We are greeted this morning with an Anita Lee story on the Risgby Qui Tam case. While the Anthony Dewitt and company prepare their response to the latest barrage of State Farm legal filings they have asked the suit itself be suspended until Judge Senter rules. Here is the report:

Attorneys are asking for suspension of their whistle-blower lawsuit against State Farm until a federal judge decides whether they can continue to prosecute the case. Continue reading “Suspension of Ex Rel Rigsby Sought (Updated)”

Mississippi Rigsby & Louisiana Branch: Dueling Qui Tam?

Rebecca Mowbray and Anita Lee have done wonderful jobs covering insurance issues in New Orleans and the Mississippi Gulf Coast. Our new readers may be interested to know that Ms Mowbray has recently won a prestigious business journalism award for her story “Same house. Same repairs. Same insurer. Why different prices?”. Not to be out done Anita Lee, along with Don Hammack, Michael Keller, Joshua Norman and Margaret Baker were recognized as finalists for the 2006 American Society of Newspaper Editors “Deadline News Reporting by a Team” for their coverage of Katrina news here on the coast.

Yesterday and today we are greeted with their reports on the latest State Farm filings in Ex Rel Rigsby, where State Farm filed to have the lawyers disqualified, the case dismissed and the Rigsby sisters charged with fraud. This latest attempt by State Farm to crush Cori and Kerri Rigsby has been largely lost in the shuffle of case analysis but the threat to them is very real. So before we move to tie in these developments with the Branch case in Louisiana lets start with some excerpts from yesterday’s Anita Lee story which comes complete with quotes from the Rigsby lawyer Anthony Dewitt. Continue reading “Mississippi Rigsby & Louisiana Branch: Dueling Qui Tam?”