Let’s start with this update on Rigsby qui tam defendant Forensic Engineering (FAEC). At last mention, Forensic had not obtained substitute counsel and Judge Walker had denied current counsel’s motion to withdraw. setting an April 2 deadline for submission of the Company’s designation of experts. What’s up includes FAEC’s Joinder and Designation of Experts:
(“Forensic”)…joins in the Supplemental Combined Expert Disclosure…and Supplemental Expert Disclosures…filed by State Farm Fire and Casualty Company (“State Farm”) in this matter, to the extent applicable to Plaintiffs’ claims against Forensic.
Pursuant to Fed. R. Civ. P. 26 (a)(2), Forensic also designates John B. Kelly, P.E., as one of their experts. John B. Kelly is a Principal Structural Engineer that will opine that all the engineering reports and revised engineering reports were true and correct, and done in accordance with sound scientific/engineering principles and observation of the conditions at the site.
Forensic, of course, “reserves the right to call any expert listed, designated or called by any other Party” – and it’s safe to say there will be witnesses that offer a view contrary to that of Kelly.
What’s going down? It seems the Easter Bunny joined Santa Clause and the O’Keefe’s have now reached a settlement in Dancel Group, Inc. et al v. United States Fidelity and Guaranty Company et al in addition to the settlement of O’Keefe v State Farm, announced in the SLABBED post that published Christmas Eve.
What’s up with Kuehn v State Farm? Hard to tell, frankly. In the Christmas Eve catch-all linked above, SLABBED reported the what the Kuehn’s Counsel, Earl Denham, wanted to go down.
If it occurs to you and to State Farm to do the right thing by the Kuehns, instead of the strategic thing, which you have attempted through this cynical, tardy tender, then why don’t you engage in meaningful and realistic negotiations to settle my clients’ damages instead of continuing at the Kuehns’ expense in trying to redirect the law of appraisal in Mississippi? We stand ready, as we have always been, to engage you in good faith.
What Denham got in return for his offer of “good faith” was the legal equivalent of ashes and switches, an Offer of Judgment on the 20th of January – and today State Farm filed another. Continue reading “What’s up? What’s going down? – a quick look around at Katrina litigation”