SLABBED Daily – April 30 (update:Rigsby qui tam, MRGO)

I could offer the reason this second evening edition of the SLABBED Daily is that I was waiting on Judge Senter’s bit of housekeeping news:

TEXT ONLY ORDER finding as moot Defendant Exponent, Inc.’s  Motion to Dismiss; finding as moot Defendant Jade Engineering’s  Motion to Dismiss for Lack of Jurisdiction; and finding as moot Defendant Jade Engineering’s Motion to Dismiss. These motions are rendered moot in light of the Court’s  order dismissing these two defendants, among others. NO FURTHER WRITTEN ORDER SHALL ISSUE.

The truth, I’m sorry to say, is that I just got so caught up in MRGO that I forgot!  I don’t expect the qui tam lawyers to forget about the two events noticed yesterday – their upcoming deposition of Lecky King on May 5 and Jack Ford’s the following day.

However, according to the Notice of Supplemental Production also on the Docket yesterday, State Farm had a little trouble remembering important things, too.

State Farm has so far been unable to confirm to its satisfaction whether exhibit 7 to the April 30 and May 1, 2007 Cori and Kerri Rigsby deposition transcripts in McIntosh is still subject to restrictions. For that reason, out of abundance of caution, Exhibit 7 to those depositions is not being produced at this time.

Otherwise, the included a list of 16 items produced and delivered to the attorneys for the Rigsby sisters and this snark:

Nothing in this submission constitutes consent by State Farm to the Rigsbys Continue reading “SLABBED Daily – April 30 (update:Rigsby qui tam, MRGO)”

MRGO – USA signed waiver of rights to seek disqualification of counsel

Much to my amazement, the USA actually included a copy of the fully executed Joint Defense and Cost Share Agreement with the Motion filed by USA attorney Robin Smith in apparent violation of the Agreement  – go figure!

SLABBED reported the USA motion here and the Plaintiff’s response in opposition here .

One of us would read the Agreement aloud if wordpress offered that feature.  Instead,below you will find selected, relevant sections from and a link to the fully executed Agreement (h/t Defendant USA) and some of Judge Duval’s “make-my-day” comments from the official transcript (h/t Robinson Plaintiffs).

Joint Defense and Cost Share Agreement

This Joint Defense and Cost Share Agreement (“Agreement”) is entered into by and among the United States of America (United States), Board of Commissioners of the Orleans Parish Levee District, Sewerage and Water Board of New Orleans, Board of Commissioners of the East Jefferson Levee District, State of Louisiana (Department of Transportation and Development), The Parish of Jefferson, and Board of Commissioners for the. Port of New Orleans acting through and upon the advice of their respective counsel…

The Agreement applies to Re Katrina Canal Breeches Consolidated Litigation (Levee), which is pending, in the United States District Court for the Eastern District of Louisiana as Civil Action No. 05-4182 (the “Federal Litigation”), and various actions pending in the courts of the State of Louisiana seeking similar relief (the “State Litigation”) (collectively referred to as “the Litigation”).

Recognizing the need to balance the benefits of consolidating the litigation with the potential for conflicting interests, provisions were added that required all parties to waiver rights to seek disqualification, including, but not limited to Sections 11, 13, and 20.

Continue reading “MRGO – USA signed waiver of rights to seek disqualification of counsel”

Merlin: Former Claims Supervisor confirms insurance companies wrongfully delay and deny legitimate claims

Cross-posting here from Chip Merlin’s blog this interesting development from Washington State:

Richard Dietz, a former claims supervisor with Farmer’s Insurance Group, has taken to the airwaves to confess the sins of his former employer, co-workers and himself. His video is being broadcast in the state of Washington in support of a consumer protection referendum which would provide financial penalties for insurers that wrongly delay or deny claims.

In the 30-second video, Dietz states:

“I used to be an Insurance Claims Supervisor. When I started out, it was human beings making decisions. Now insurance companies use computer programs to automatically cut 20 percent from what they know they owe on a claim.

I was forced to use it. You even got bonuses for denying claims.

In Washington state, it’s not illegal for insurance companies to delay or deny legitimate claims. They want you to give up. And they’re getting away with it.”

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more about “Approve67: Robert Dietz, Former Insua…“, posted with vodpod


Jim Brown on the Louisiana Legislative Session: Hold on to Yer Wallets

Thursday April 28, 2009
Baton Rouge, Louisiana



Every observer of Louisiana politics is aware of Mark Twain’s adage: “No man’s life, liberty or property is safe while the Legislature is in session.” Actually, it was New York Judge Gideon Tucker who first made the perceptive statement in 1866. Will Rogers reflected that: “We have come to feel the same when the legislature is in session as we do when the baby gets hold of a hammer. It’s just a question of how much damage he can do with it before you take it away from him.” You get the idea. And yes, the storm clouds are gathering, for the state capitol in Baton Rouge is alive and buzzing.

There is strong justification for more concerns this year than the first session of this new administration a year ago. Over half the members were new last year, and the overriding issue was a pay raise for lawmakers. But last year’s gathering lasted only 30 days. This time, with a year of experience to learn the tricks of the trade, these parliamentarians have 60 days to vent their sway over our lives. So what’s on the plate to force us to keep our guard up?

First of all, the state treasury has a shortfall this year of at least one billion dollars. Continue reading “Jim Brown on the Louisiana Legislative Session: Hold on to Yer Wallets”