And a Happy Hump day to you too Editilla

Nowdy has some killer stuff in the pipeline and if I can get a spare second I’ll be jumping in with a post on O’Keefe v State Farm. Seems as if Lecky is fixing to get an invite and the Farm wants to keep her testimony a secret. Here is a hint for our mentally challenged Magistrate Judge Robert Walker. All the insurers used McKinsey to develop their bad faith claims handling procedures. The systematic commission of the tort of Insurance Bad Faith is not a trade secret.

So while our readers wait on content here on Slabbed, I highly recommend surfing the links over on the Ladder. We’re blessed to have such good cyber friends. And Lecky, this Youtube vid is for you boubie: Continue reading “And a Happy Hump day to you too Editilla”

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 a rarity in recent years as Chamber of Commerce approved justices like Jess Dickinson issued several very curious rulings such as in Jenkins holding the statute of limitations for a wrongful death case begins at the point of injury rather than the death itself in a ruling that favored a corporate defendent at the expense of the deceased family as the deceased evidently lingered and lived too long after the injury for his estate to sue. The public spectacle of Mississippi’s highest court beclowning itself lead to a reversal of Jenkins though I suspect the family remains SoL, forever shafted by Justice Dickinson.

Such behavior out of this State’s highest court explains why I had no confidence the Supremes would do justice in Corban but I’ll admit I was very pleasantly surprised, especially that Justice Dickinson actually asked intelligent questions during the proceedings and appeared to be open to the law, no doubt with an eye to the electoral calender. Regardless of the reason I almost suffered a heart attack when I read the latest from O’Keefe and then discovered Justice Dickinson voted with the other justices to reverse a badly decided case against an insurer where the agent made material misrepresentations to the customer. The agent’s legal arguments that the cause of action was time barred due to the statute of limitations had originally prevailed in the lower courts. For the State Farm agent in question in O’Keefe, this ruling could not have come at a worse time.

Nowdy covered the legal arguments of SF agent Marshall Eleuterius that the O’Keefe’s claim against him was time barred due to the Statute of Limitations in a post from this past Monday. The Thursday before, however, the Mississippi Supreme Court ruling in Weathers v Met Life detailed above was handed down and team O’Keefe wasted no time letting the Federal Court know about Weathers and the nitty gritty details in the case, especially the parts where Stephens v Equitable was too restrictive: Continue reading “Weathers Bitch Slaps Eleuterius while the Supremes sing a new legal precedent song: An O’Keefe v State Farm update”

keeping score – one settlement, one compromise, and one heel-digging response

Hasbrouck v Nationwide, a case recently introduced on SLABBED as one of the sequence of events in no particular order, has reached settlement according to a note on the docket.

Magistrate Judge Anderson stuck a compromise issued an Order in O’Keefe v State Farm – agreeing with O’Keefe on the overly broad nature of State Farm motion for protective order but granting the motion with O’Keefe’s more restrictive version.

Order pursuant to hearing conducted on 6/30/09: denying Plaintiffs’ 89 Motion to Quash the subpoena duces tecum [#89] served on USF&G; granting Defendant State Farm’s 100 Motion for Protective Order only to the extent that the proposed Protective Order submitted by Plaintiffs shall be entered. Defendants’ Motion to Quash Excess Discovery [#111] taken under advisement; separate Order shall be entered. Signed by Magistrate Judge Linda R. Anderson on 7/2/09. (ACF) (Entered: 07/02/2009).

O’Keefe also filed a Response in Opposition to the Motion for Summary Judgment Continue reading “keeping score – one settlement, one compromise, and one heel-digging response”