Just asking – Does Branch ESI deposition schedule suggest defendants conspired to obstruct justice?

Staying up late reading Gresham’s latest legal thriller is probably not something I should do the night before a day I’ve set aside to write for SLABBED.  On the other hand, who could know what’s up on the 19th of November and not wonder what’s up when none – nada, not a single one – of the Branch defendants was able to schedule an ESI deposition until December.

A quick review of what went up on SLABBED in October explains a lot.  You’ll find a discussion of Allstate’s ESI capacity here; an update on the Branch case here; and an update on the Denenea case here.

The 19th of November is D-day and what’s up then are the hearings Judge Vance will conduct on more motions than I can count – some to dismiss individual defendants, others the entire the Branch qui tam case.  The Allstate and Pilot motions to dismiss the Denena qui tam case are also scheduled for a hearing on the 19th.

“Conspiracy” can be defined an act that is innocent in itself but becomes unlawful when done by the combination of actors and “obstruction of justice” as one that involves interference, through words or actions, with the proper operations of a court or officers of the court.

So, when every single defendant insurer selects a date to give ESI depositions two or more weeks following hearings that could result in the dismissal of certain defendants or the entire case, have they conspired to interfere with the operation or officers of the court, given that “Federal courts have read…[18 U.S.C.A. §§ 1503]…expansively to proscribe any conduct that interferes with the judicial process”? Continue reading “Just asking – Does Branch ESI deposition schedule suggest defendants conspired to obstruct justice?”

James Gill strikes again plus Geoff Pender sets the record straight.

Around a week ago I spoke with a new reader who paid me the ultimate compliment IMHO when telling me I distilled the subject matter and made things understandable.  I tell you folks no one in these parts can hold a candle to T-P OpEd columnist James Gill along those lines and today’s column illustrates why. It is about the post Katrina Danziger Bridge shootings, a subject we’ve occasionally blogged on. Here is a snippet:

The latest prosecution motion can hardly do much to taint the jury pool, because it is good and tainted already. Media coverage has been so exhaustive that, if you can find a potential juror who comes to the case fresh, you have found an idiot.

Geoff Pender has a great story in today’s Sun Herald on the Mississippi 4th Congressional District race. In the piece Pender debunks many of  the BS talking points that have been repeated to the point that smaller minds often quote them as gospel such as the meme that Gene has not risen in the ranks given his seniority.  The sad lesson here is that simply doing your job well isn’t good enough when the other political party results to telling lies and half-truths to gain traction.  Unfortunately too many people sleep walk through life and do too little due diligence when picking candidates to support the result of which is they end up as dupes, voting against their own best interests. Continue reading “James Gill strikes again plus Geoff Pender sets the record straight.”