Tag: Rule 11b

Slabbed checks in with the Legal Department at the Super 8 Motel to present the latest Goatherder jackassery

Let’s start with this story by Allen Powell, Plaquemines School Board finance director indicted on theft charge.

The finance director for the Plaquemines Parish School Board has been indicted by a grand jury in connection with the theft of more than $46,000 from the school system.

Joyce Green, 50, 5148 Oak Bayou Road in Marrero, was charged with two counts of theft of more than $500 and one count of malfeasance in office by a Plaquemines Parish grand jury on Thursday, said District Attorney Charles Ballay.

Green is accused of asking a finance clerk to issue three checks for a total of about $77,000 in May for work she said she had completed. However, Ballay said that Green, who received two payments but not the third, was not entitled to the money, and that the school system has no record that she completed the work.

And now Abel spins that into the following defamation fantasy: Continue reading “Slabbed checks in with the Legal Department at the Super 8 Motel to present the latest Goatherder jackassery”

Oh, I see but in Katrina litigation is the Rule 11b or 42?

As word of the McIntosh dismissal of extra-contractual claims made the rounds in the blogosphere, there were suggestions that Rule 11 concerns played a role – none, of course, bothering to explain what the Rule might be for those of us more familiar with Rule 42.

(b) Representations to the Court.

By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (emphasis mine below)

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

So, there it is and amazingly enough the suggestions were that 11b might be a concern to McIntosh Continue reading “Oh, I see but in Katrina litigation is the Rule 11b or 42?”