It’s a Slabbed Family Feud

No sense in hiding it any longer, the McIntosh settlement has created some controversy in the slabbed family. Nowdy broke that “story” this morning.

Let’s begin by contrasting this statement made by the relators in the filing Nowdy profiled against today’s well written Anita Lee piece in the Sun Herald.

Upon information and belief, the McIntosh case was settled in its entirety late in the evening on Saturday, September 6, 2008. The next day, Sunday, September 7th, the plaintiff filed a motion to dismiss that was laden with gratuitous praise with respect not only to the wind claims at issue in that case, but also to the McIntoshes’ flood claim. The motion reads like a document written by (or for) State Farm for use in this case, and the timing alone raises enormous issues of credibility. The motion also fails to provide any basis for its conclusory statements. As a result, any attempt to use the McIntosh motion to dismiss in this case will only raise more material issues of disputed facts.

From Lee’s story:

A State Farm news release issued after the McIntosh settlement became final Monday said, in part, that Scruggs “made up allegations in this lawsuit to launch a public relations plan to lure politicians, the media and others into publicly attacking State Farm. This was a tactic that diverted precious time and resources away from resolving Katrina claims.” Continue reading “It’s a Slabbed Family Feud”

It's a Slabbed Family Feud

No sense in hiding it any longer, the McIntosh settlement has created some controversy in the slabbed family. Nowdy broke that “story” this morning.

Let’s begin by contrasting this statement made by the relators in the filing Nowdy profiled against today’s well written Anita Lee piece in the Sun Herald.

Upon information and belief, the McIntosh case was settled in its entirety late in the evening on Saturday, September 6, 2008. The next day, Sunday, September 7th, the plaintiff filed a motion to dismiss that was laden with gratuitous praise with respect not only to the wind claims at issue in that case, but also to the McIntoshes’ flood claim. The motion reads like a document written by (or for) State Farm for use in this case, and the timing alone raises enormous issues of credibility. The motion also fails to provide any basis for its conclusory statements. As a result, any attempt to use the McIntosh motion to dismiss in this case will only raise more material issues of disputed facts.

From Lee’s story:

A State Farm news release issued after the McIntosh settlement became final Monday said, in part, that Scruggs “made up allegations in this lawsuit to launch a public relations plan to lure politicians, the media and others into publicly attacking State Farm. This was a tactic that diverted precious time and resources away from resolving Katrina claims.” Continue reading “It's a Slabbed Family Feud”

Rigsbys locked and loaded; fire Response to 2nd set of dispositive motions in qui tam case

Better grab a cup of coffee – the Rigsbys qui tam counsel were locked and loaded when they fired this Response to the second set of dispositive motions on target with Judge Senter’s scheduling order and it’s going to take a while to cover all the points.

In truth, it’s impossible to cover all the points in a single post – that’s why we link readers to the actual documents.

The legal basis State Farm cited for the motions in this set are Rules 12(b)(6) failure to state a claim upon which relief can be granted; and 9(b): In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally. However, the lack of a legal basis is no barrier to State Farm making a claim which should be a Rule 11 violation IMO – or grounds for divorce! Ohmygod, are they not ever the nagging spouse reciting history before stating the current complaint.

The qui tam counsel for the Rigsby sisters seems to have their number and disposed of both the questions of law and the nags AKA “specious arguments” – given the purpose of these motions is to establish the Rigsbys have a case, not try the case before it goes to trial as State Farm is just itching to do.

The response to 12(b)(6) and 9(b) is something you just need to read as it’s going to take the rest of this post to cover three points – the recent McIntosh dismissal; State Farms allegations about the “broken” seal; and the Rigsbys voluntary dismissal of certain counts and four defendants – and provide a summary of what you’ll find detailed in the Response.  btw, I’ve omitted citations and all emphasis below is mine. Continue reading “Rigsbys locked and loaded; fire Response to 2nd set of dispositive motions in qui tam case”

Provost Umphrey Was a Qui Tam Smokescreen. Gilbert Randolph Welcome to Slabbed

So interesting that one day after David Rossmiller proclaimed for the 15th time the False Claims Act case Ex Rel Rigsby was unraveling the Rigsby Sisters found a firm out of DC to take the case over. I highly recommend Rossmiller’s thread for the constant bizarre wondering of Belle’s whereabouts (the guys must be hard up for a date after reading Tammy Hardison’s deposition) along with another belated admission on Rossmiller’s part that industry money drives his blogging. Having met Belle in person I could only add she is wayyyyy too much woman for guys who get their jollies reading legal porn in depositions.

In any event our own Anita Lee tells the story of a renewed State Farm character assassination campaign that has been stopped cold by the facts as told by Ms Lobrano and the now announced hiring of Gilbert Randolph. Did Rossmiller fall for it hook line and sinker this time? LOL. Sounds to me like Galloway, Robinson and company at Butler Snow were just punked.

Ma Lobrano says Tammy Hardison is a liar, sounds like she has some proof too:

As State Farm levels new allegations against two former insurance adjusters, the sisters have found another law firm to represent them in a whistle-blower lawsuit they filed against the insurance company.

Washington-based Gilbert Randolph plans to represent the women, partner Scott Gilbert said Tuesday. The news came after State Farm accused sisters Cori and Kerri Rigsby of pursuing allegations against the insurance company because they wanted “money and fame.” The company offered sworn testimony from another adjuster and her assistant, who, like the Rigsbys, worked on State Farm claims after Hurricane Katrina Continue reading “Provost Umphrey Was a Qui Tam Smokescreen. Gilbert Randolph Welcome to Slabbed”

Life of a 6 Figure Cat Adjuster After Katrina

Since the latest round of depositions has the folks at Dunn Carney and Yall politics very excited with new revelations involving the sex lives of the Rigsby sisters I thought I’d post a picture of the working conditions these highly trained, licensed professionals had to work under on the coast post Katrina. My own adjuster had the added bonus of experiencing the smell of tons of three week old rotting chicken and pork belly that littered my neighborhood in West Gulfport. Certainly this must have been great stimulus for her libido. More on this Renfroe adjuster in a bit.

I noted over the weekend several of our regular commenters corrected the notion that a good cat adjuster didn’t make great money, especially after the 2004 hurricane season. In hindsight Sid’s comments were also a signal of the renewed Rigsby sister character assassination to come.

Make no mistake this is all out war as State Farm and their shill apologists try to crush the Rigsby sisters before their very specific and detailed allegations of claims dumping on the NFIP are explored. The slabbed here know this and how this perverted use of the legal system has diminished justice for us and every taxpayer that was likely bilked into paying for wind damage that should have come from the treasury of a private insurer. Continue reading “Life of a 6 Figure Cat Adjuster After Katrina”

Controlling Law – the Disqualification of Relator’s Attorneys

In the end, Rule 59 or 60 mattered not. No rule ever does when a case is mutato nomine de te fabula narratur – a relatively new concept in a nation long distinguished by it’s commitment to justice for all.

Translated from the Latin, it reads, change the name and the story’s yours – implying as intended that justice for all has been overturned in favor of justice for some with Judge Senter’s order denying reconsideration of the Rigsbys’ request for continued representation by the two Missouri firms.

Mad I’m not – chiefly because I’m overwhelmingly sad that Judge Senter totally lost sight of the fact that the Rigsby sisters have rights.

He has assumed their right to file under Duggins and, then, used Duggins to take their right to counsel – Continue reading “Controlling Law – the Disqualification of Relator’s Attorneys”

Missouri Firms are Out in Ex Rel Rigsby. Senter Compels Scruggs Discovery in McIntosh

Rossmiller gets the scoop. The order was evidently handed down Monday. Here is the order setting the 45 day time frame for the Rigsby’s to engage new counsel.

Yallpolitics gets the scoop on Judge Senter’s order compelling Scruggs related discovery in McIntosh.

We’ve added these docs to our legal pages.

“THE RIGSBYS HAVE NOT MET AND CANNOT MEET THEIR BURDEN” says Who?

Who else? Says State Farm. State Farm is amazed that “the Rigsbys” (who are not lawyers, btw) do not address Rule 59(e) or the controlling case law “at all.”

2. Tellingly, the Rigsbys’ motion does not address Rule 59(e) or the controlling case law at all. This glaring omission only highlights the fact that the Rigsbys have not established and cannot establish any grounds for reconsideration of this Court’s Disqualification Order. They can point to no change in controlling law.

They refer to Rule 59 five times in the motion and seven times in the memorandum in support of the motion. At one point they even say that even though it is a “glaring omission of not referring to Rule 59” that even if they had referred to rule 59 it is the wrong vehicle.

“Nor, as this Court has held, is Rule 59 “a vehicle for a litigant to ask the Court to reconsider adverse decisions it is simply unwilling to accept.”

Well, if you look at 59(e) it is no wonder. Continue reading ““THE RIGSBYS HAVE NOT MET AND CANNOT MEET THEIR BURDEN” says Who?”

State Farm’s “green thumb” is growing facts!

Need a fact and can’t find one? No problem, just grow one – but don’t expect the Extension Service to teach you how.

  • Start with Undisputed Facts.
  • Cultivate in depositions until they become Documented Assumptions.
  • Nourish until strong enough to plant as Related Claims Represented as Fact in legal documents.

Think you’ve got a Green Thumb? See if you can match this – the Deposition of Derek Wyatt, Continue reading “State Farm’s “green thumb” is growing facts!”

Cori Rigsby files response to Judge Walker’s order

Cori, by and through her counsel, submitted documents per order of Judge Walker – and belle and I teamed up to get this up to add to you “tea time” reading.  As she says, we’ll be back to connect you with the orders.

There was one document that Cori and her counsel were not sure about since it seemed it might fall into the category of documents that fall under Judge Acker’s preliminary injunction that would keep State Farm from seeing it. Notice of Documents Submitted in Camera

Judge Walker issued an order today saying that all of the documents in the privilege log were privileged but the document in question did not fall into the category of documents under the preliminary injunction.   Log of Privileged Files.

Order will be forthcoming shortly.