At least not career insurance defense medical expert witness David Aiken who evidently couldn’t decide if he loves or hates his paymaster/insurer USAA in a case we blogged on extensively and gavel to gavel back in early 2008. They evidently never forgave USAA’s other experts – the engineers at Rimkus Consulting whom Judge Senter dismissed from the lawsuit after the plaintiff’s portion of the case was presented. Simply put the Aikens had no case against Rimkus.
Early this morning we were emailed the link to the Aiken’s appeal at the 5th Circuit by a lawyer who finds Mr Aiken’s love-hate relationship with USAA amusing. Evidently so do the folks at the Times Picayune as they have also run an AP story on yesterday’s decision at the 5th Circuit Court of Appeals that appeared at NOLA.com this afternoon. Before we link the story we’ll begin with the decision itself on courtesy of Scribd. Continue reading “Slabbed Daily – May 27th: Some insurance litigants never catch a break….”
A “Joe Friday-just the facts, mam” update on the two items posted since the round of briefs on the dispositive motions in ex rel Rigsby v State Farm.
First, Judge Senter’s Order:
If the United States files no objection on or before January 17, 2009, the Relators’ motions…to dismiss this action as to Rimkus Consulting Group, Inc., Jade Engineering, Exponent, Inc., and Structures Group will be GRANTED. Signed by Senior Judge L. T. Senter, Jr, on 11/14/2008 (kbo) (Entered: 11/17/2008)
Second, the Joinder filed by Robert Gholson who recently filed an appearance to represent Forensic Analysis Engineering Corporation: Gholson, interestingly, devotes 20% of his practice to intellectual property law, and his firm’s practice areas have a great deal of relevance to other aspects of the case as well. Continue reading “Rigby update – Judge Senter’s latest order and the “new kid on the block” files first motion”