That damn Diamondhead Incorporation will be the death of me…..

Those that oppose incorporation have a good legal team but those guys have a problem as Dwayne Bremer at the PPP reports:

Dickinson ordered that Kulick and his co-council, David McCarthy (sic), Chuck McRae, Oliver Diaz Jr., and Will Bardwell each file a memorandum setting forth all the facts and circumstances surrounding the lost court file.

One thing for certain folks, Tort Reform hasn’t hurt business for the skilled trial lawyers listed above. Justice Dickinson is a shoe shine boy for big business and he has quite the history on the court, including when he re-wrote hundreds of years of case law to invalidate a jury verdict in a wrongful death case that originally went against his big business friends.  I’m frankly surprised the can’t shoot straight gang at the MSSC came close to getting it right in Corban.

We’ll be keeping an eye on this one.


Buck up Buddy treading water again – this time on Federal Health Care Legislation

Good ole Buck up Buddy, it’s time to sink or swim – who let Foti’s insurance antitrust suit slip away is back on the wrong side again.

No need to guess the lone Attorney General with a D (for dense Democrat) by his name who put Louisiana among the 13 states filing suit against the federal government, “claiming the landmark health care overhaul is unconstitutional just seven minutes after President Barack Obama signed it into law”.  The Clarion Ledger has the story in  States sue over health care law.

The lawsuit was filed in Pensacola after the Democratic president signed the bill the House passed Sunday night.

“The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage,” the lawsuit says.

Legal experts say it has little chance of succeeding because, under the Constitution, federal laws trump state laws.(emphasis added)

Will Bardwell, [email protected],  explains why the suit has “little chance of succeeding” in his post, The Interstate Commerce Clause and Barbour’s Constitutional Conundrum

Whether the newly enacted health care reform package amounts to good policy is a question on which reasonable people can disagree. What is beyond even the most abstract, academic argument is the fact that the legislation is a permissible use of Congress’ constitutional authority. Continue reading “Buck up Buddy treading water again – this time on Federal Health Care Legislation”

Backstrom files “wait a minute Mr. Postman” motion and asks Judge Biggers to “check it one more time for me”

Here I’ve been feeling guilty that Judge Biggers approved the Sun Herald’s request to release of letters written on behalf of the Scruggses and Backstrom. Had I not taken a break from today’s to-do list for a quick read-around, I would not have learned I wasn’t the only one – so here’s a h/t to NMC for the notice and the motion for reconsideration filed by Sid Backstrom. Followed, of course, by my opinion of it all.

Gulf Publishing, by motion of June 17, 2008, has requested that this Court provide it with access to unsolicited sentencing letters addressed to the Judge who will sentence Mr. Backstrom.

Before Mr. Backstrom could respond, the Court, on June 20, granted the motion.

Mr. Backstrom requests that the Court reconsider its ruling…

This Court should exercise its discretion to maintain the confidences and personal information revealed in the sentencing letters submitted on behalf of Mr. Backstrom. The Court should deny Gulf Publishing’s motion to obtain access to these letters.

Weighing the competing public and private interest involved is no simple task even with the extensive case history cited in Backstrom’s motion and an earlier order from Biggers limiting each to three character witnesses suggested the letters were of little, if any, interest to him. Consequently, it’s reasonable to think he saw no reason for denying the request.

Judge Biggers, we can now safely assume, does not blog. Continue reading “Backstrom files “wait a minute Mr. Postman” motion and asks Judge Biggers to “check it one more time for me””