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Insurance Coverage Law Blog 
Recent cases in insurance coverage matters, as well as industry developments and news.
Post Frequency: 1.6/day Last Entry: May 25, 2009 at 13:44:44 Recent Entries: 235
By David Rossmiller
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Memorial Day 2009
Posted on May 25, 2009I first ran the post below for Memorial Day in 2006 as a tribute to my Dad, who served as a soldier during World War II. This is the fourth straight year for this post, and I'll continue to run it every year. I've thought of his service often, and have read many books about war and military history to try to understand what he did, what he went through, and also who he was...
Rigsby update: forgotten but not gone
Posted on March 19, 2009For those who remember the heady Katrina litigation days of the Ride of the Rigsbys -- appearing on ABC's 20/20, acclaimed as alleged whistleblowers -- these times are very different for the sisters. They've slipped in the celebrity rankings to a most unenviable category: forgotten but not gone...
Insurance Person of the Year
Posted on March 17, 2009Nothing like giving the readers a lot of advance notice before an ultra-high stakes award like this is finalized, right? I'm a bit tardy on this, but hey, it's not like I'm on the advisory board of the Insurance Law Center and might have been expected to post on this more than a day before the contest ends ...
Kodrin Katrina case: Fifth Circuit vacates punitive damage award against State Farm, upholds verdict of wind damage
Posted on March 13, 2009Kodrin v. State Farm is one of the Katrina cases, which I wrote about previously here and here. It was different from many Katrina cases in that, at least as far as what was presented to the jury, there was nothing to sort out about wind vs...
Scruggs Nation: Zach is back . . . to the halfway house
Posted on March 12, 2009The Scruggs Nation has a fever, and the only prescription is more Scruggs. Well, OK, this news story is not about Dickie Scruggs, it's about Zach Scruggs, not the same, I know, but it will have to do. Seems like whatever happened with his reporting from prison to the halfway house, it's not going to be a big deal...
'Partridge' family reunion: California v. Allstate
Posted on March 12, 2009I saw this opinion, California v. Allstate, a couple days ago but other things interfered with blogging about it until now. This is a case about coverage for environmental pollution under the "sudden and unexpected" language found in old liability policies, and that is an interesting thing in itself, but what chiefly interested me about this case was the extended discussion of the Partridge case, an influential case that, in days gone by, was in part responsible for the creation of the modern anti-concurrent cause language found in first party policies...
Abracadabra: anti-concurrent cause and the search for 'illusory' insurance coverage
Posted on March 06, 2009I was looking through my Bloglines feedreader last night under my folder labeled "anti-concurrent cause," and saw this really good post from the Slabbed blog. This is a fascinating discussion not only of Katrina damage, but of the theory of illusory insurance coverage...
Anti-concurrent cause: can an uncovered cause be superfluous to the analysis?
Posted on September 26, 2008Despite the fact that anti-concurrent cause language has been around for quite a few years, if you go looking for the Anti-Concurrent Philosophy Library, you won't find it -- you'd be lucky to find enough to make up a slim book, much less a library or even a shelf in a library...
Contract claims settled in McIntosh, more thoughts on end of case
Posted on September 16, 2008Here are some additional thoughts I promised about the end of the McIntosh case. -- You may remember my post from last week about the plaintiffs' dismissal of extra-contractual claims, or in other words, bad faith and punitive claims against State Farm...
McIntosh case punitive damages eliminated, case settled
Posted on September 09, 2008Holy Cow! The McIntosh case, which I have referred to as the Verdun of insurance litigation, has been dismissed by the plaintiffs' own motion. Given this litigation had long been the scene of intense trench warfare, consuming attorney fee dollars like five NFL offensive linemen chowing down on popcorn shrimp at an all-you-can-eat buffet, it is surprising to see this turn of events...
Free Dickie
Posted on September 09, 2008The smart new fashion statement for this fall, besides Sarah Palin eyeglasses and Obama flag lapel pins, is of course the Free Dickie T-shirt, as seen below. I got this T-shirt from Alan Lange of the blog Y'all Politics. Not sure what Alan's price points are, but he can tell you if you're interested...
Biden gives back Scruggs money: does this mean he will be the Veep nominee?
Posted on August 22, 2008Q: How do you know you've hit rock bottom? A: When even a politician doesn't want your money. This story says Delaware Sen. Joe Biden is donating some Scruggs campaign cash to charity, possibly to start offloading links to disreputable figures...
Blogging has been limited and infrequent, I know
Posted on August 22, 2008I know a lot of people are disappointed I haven't been able to devote my usual time to this blog. The workload I've had the last few months has been not only heavy -- that's normal for me -- but full of a vast number of motion practice deadlines...
Zach Scruggs' sentence begins August 25
Posted on August 15, 2008This Sun Herald story by Anita Lee is a little old, but I'm just now getting back to some things I wanted to blog about before but didn't have the time for. It says Zach Scruggs' prison sentence begins August 25 -- it had been scheduled to begin today -- and he will serve his time in a minimum-security federal prison in Fort Smith, Arkansas, the same place where Sid Backstrom will serve out his sentence...
Rare occurrence: good legal news for Scruggs
Posted on August 15, 2008This story by Patsy Brumfield of the Daily Journal says Dickie Scruggs has won a legal victory of sorts: the Mississippi Supreme Court has stayed proceedings in the Lafayette County lawsuit Jones v. Scruggs, and agreed to decide whether the case should be sent to arbitration...
Greetings from the Oregon Coast
Posted on August 15, 2008I'm posting today from the Oregon Coast Cyber Cafe in Manzanita, Oregon, which, when I looked it up on my PDA, sounded like a cool place to have some vastly overpriced decaf coffee and listen to some piped in tunes while blogging. No offense, but it turns out to be a tiny little house behind a local grocery store converted into an office-like setting with some VFW-hall-like tables and some computers, and where you pay big ransom money for wireless time...
Federal grand jury may probe Scruggs' involvement in Wilson case
Posted on August 11, 2008The deal Dickie Scruggs cut for five years of prison time in the attempted bribery of Judge Lackey does not keep the feds from trying to tack on another nickel or dime -- or more -- onto his sentence through investigation of possible conspiracy to influence Judge DeLaughter in another case...
What's up in Jim's neighborHood?
Posted on August 11, 2008It's hard to tell when Jim Hood comes out of nowhere with some bizarre escapade like last week's press conference whether such an event is an objective in itself or merely an attempt to deflect attention from something else that will come up later.If you recall, last week Hood said he is: responsible for the additional State Farm Katrina settlements because he sued State Farm several months after they announced a deal with Mississippi Insurance Commissioner George Dale to reopen thousands of claims files; the strongest man in the South, and he would prove it by walking right through a brick wall in front of reporters' eyes, except there was no brick wall around; and probably the reincarnation of the Pharaoh Thutmose III of Egypt, circa 1500 B...
Amazingly, Hood claims credit for State Farm payments, announces settlement of lawsuit
Posted on August 07, 2008Another wonderful day in Jim's neighborHood. Mississippi AG Jim Hood announced a settlement of the breach of contract lawsuit he filed in June 2007 against State Farm. Insurance Commissioner Mike Chaney took issue with Hood's chest thumping, according to this story in the Sun Herald...
Stars in stripes: Dickie Scruggs reports to prison
Posted on August 05, 2008I know I haven't been blogging enough where these two things happen in one day:a. My wife tells me I haven't been blogging enough; and b. Dr. Ed Duett, of Mississippi State, tells me folks in Mississippi are complaining that I haven't been blogging enough...
Colorado Court of Appeals: anti-concurrent cause provision bars coverage where covered snow combined with uncovered rot to cause loss
Posted on August 05, 2008Thanks to one of my loyal readers who often points out anti-concurrent cause cases for passing along the Colorado Court of Appeals July 24 decision in Colorado Intergovernmental Risk Sharing Agency v. Northfield Ins. Co. This opinion is right on the money in its analysis of how anti-concurrent cause language works...
Everyone is asking where I am
Posted on July 31, 2008Only about 35 emails today from people wondering why I'm not blogging on the Scruggs news -- I'd love to, but I have doing deadline stuff for paying clients the past two days. Maybe later tonight I can get at some of the back log. You don't know how much you miss blogging till you don't have the time to do it anymore...
Blogging schedule, July 30
Posted on July 30, 2008I have some stuff having to do with Dickie Scruggs and the McIntosh case, but have some appointments first thing this morning, so posting will have to come later this morning (Pacific Time).
The Rigsby Files, July 29: the unraveling begins
Posted on July 29, 2008I grew up in a tough school with a lot of colorful characters who used a lot of colorful language, and consequently I have a wide repertoire of colorful expressions for a variety of situations in life, such as when stuff surprises or amazes me. For public consumption, though, I censor most of these and translate them into one of several stock phrases, such as Holy Cow! So in reading some depositions attached to the latest State Farm filings in Ex rel...
Blogging schedule, July 28
Posted on July 28, 2008I have been in west L.A. on vacation for the past five days, and hoped to have a post up already today, but some work-related matters intruded and suck up the available time. So posting will have to wait until this evening when I return to Portland -- too bad, because I have some good stuff to write about...
Can't we bring the Trailer Lawyers back somehow?
Posted on July 24, 2008During the time in recent weeks I was preoccupied with other matters and couldn't spend much if any time blogging, it crossed my mind that perhaps when I was able to come back to blogging, I would find that the Trailer Lawyers -- Trailer Chip and Trailer Tony, Trailer Todd and Trailer Mary -- had found a way to get back into the Katrina spotlight...
Plaintiffs lawyer pays tribute to Judge Senter
Posted on July 24, 2008Couldn't really think of a clever headline for this post, sorry. In working my way through the backlog after returning to active blog duty, I was interested in this post at the Merlin Law Blog, a tribute to Judge Senter, of Hurricane Katrina fame. I certainly agree that Judge Senter has done a remarkable job...
Mississippi Bar seeks to disbar Scruggses
Posted on July 24, 2008I'm a little late to comment on this one -- it's a couple days old -- but it's still worth talking about. It's a foregone conclusion that it will happen: the Mississippi State Bar is moving to take away the law licenses of Dickie and Zach Scruggs...
Dickie Scruggs to serve time in Bluegrass State
Posted on July 23, 2008As I mentioned in an earlier post, due to escape concerns, Dickie Scruggs will not be going to prison in Pensacola, Florida, which unfortunately means he will not be nearby to consult with attorneys on lawsuits if a future hurricane strikes the area...
Scruggs won't serve time in Panhandle prison due to fears he will air mail himself out of the country
Posted on July 23, 2008OK, I said blogging would resume July 22. More like July 23. Sorry for the delay, but the workload that was interfering with blogging has now eased, for the time being, sufficiently to allow for life's necessities -- such as blogging -- to resume...
Regular blogging to resume July 22
Posted on July 21, 2008My workload has decreased from 24/7 to a more manageable 18/7, so I will once again be blogging regularly, starting tomorrow. Thanks for your patience and thanks for the e-mails, it will be good to get back to some blogging again.
Blogging Schedule, July 10
Posted on July 10, 2008I've had inquiries about whether I'm on strike, deceased, joined the Peace Corps, kidnapped by aliens, etc. It's just an incredibly busy time for me now, I'll post when I can, but it will probably remain this busy for another week at least. As I've said, work is the curse of the blogging class...
Scruggs sues firm that demanded money from him for defense of Rigbys
Posted on July 07, 2008Two questions.Number 1.Q: How close is this whole Rigsby mess to unraveling, like a crow swooping down, grabbing a loose thread on your suit and flying off? A: Apparently, pretty close.Number 2.Q: When is an agreement to indemnify someone's expense not an agreement to indemnify someone's expenses?A: Apparently, when Dickie Scruggs is involved...
Zach Scruggs gets 14 months prison time
Posted on July 02, 2008Judge "Maximum Neal" Biggers today sentenced Zach Scruggs to 14 months in prison for his role in the Scruggs Bribery Scandal. Actually, it was not the maximum he could have received -- three years was the max. According to this Associated Press story by Holbrook Mohr, the younger Scruggs seemed surprised...
Scruggs Nation: June 27, the sentencing
Posted on June 27, 2008Judge "Maximum Neal" Biggers sentenced Dickie Scruggs to five years in prison, the most Scruggs could receive under his plea agreement. According to this story in the Sun Herald, Scruggs finally came forward with an apology:Before sentencing, Scruggs told the judge, "I could not be more ashamed to be where I am today...
Scruggs Nation: June 26, the pre-sentencing
Posted on June 26, 2008I've been reading some of the excerpts from the treasure trove of letters asking the Court for leniency in the Scruggs sentencing tomorrow. And after reading them, I've had a change of heart. You know what I say? He's suffered enough, just let him go! I mean, lighten up a little here, let's not get all harsh, let's not go all Torquemada on the dude! Just kidding...
Scruggs sentencing approaches, letters to be released
Posted on June 24, 2008As the world turns. It had almost completely slipped my mind that Dickie Scruggs was to be sentenced this Friday, until I talked with Alan Lange of Y'All Politics yesterday. With Katrina cases winding down and the Scruggster getting measured for a tailored orange jumpsuit, I admit my attention has begun to wander, but it's been difficult to find something as interesting to talk about...
"Bye Bye" to Trailer Lawyers again, Scruggs to be deposed, required to give up docments
Posted on June 20, 2008Team Scruggs just can't catch a break these days. Disappointingly, Judge Senter refused to overturn his disqualification of the Trailer Lawyers from the False Claims Act case (question: which side is it that's makes the false claims? Remind me)...
Sun Herald seeks Scruggs fan letters
Posted on June 19, 2008The Sun Herald of Biloxi, according to this story, has filed a motion in federal court to get copies of the letters people are writing to ask for leniency for Dickie Scruggs, Zach Scruggs and Sid Backstrom, at their upcoming sentencing. This is a great idea, I wish I had thought of it myself...
Rigsby emergency motion
Posted on June 19, 2008A curious kerfuffle in the McIntosh v. State Farm case. Yesterday Cori Rigsby filed an emergency motion seeking to have the Court modify its order dealing with production of certain of her computer records to State Farm. I read over the motion a couple times, and it's somewhat confusing, but apparently among the records to be produced are several things that have alarmed Cori Rigsby greatly, leading to this emergency motion...
Trailer Lawyer news: State Farm's response to Trailer Lawyer motion to reconsider
Posted on June 18, 2008The last strains of the song "Bye Bye Trailer Lawyer Pie" had not yet died out when the Trailer Lawyers filed a motion for reconsideration of their disqualification from Ex rel. Rigsby, the False Claims Act case that stemmed from various trailer summits and accessing of documents from a laptop in a trailer...
Insurance Coverage Law Blog?
Posted on June 16, 2008I don't often write something that intentionally falls into the category of "Who Cares?" -- sometimes I do this by accident, I know -- but this is one of those things I have to mention, because I spent dough and effort pursuing it, and because it involves intellectual property rights in my blog, which if you have them you are supposed to let people know...
Agent, insurer liability for failure to procure flood insurance
Posted on June 16, 2008This decision in a little long in the tooth, blogosphere-wise, but I've had it sitting around for a while and was reminded of it when I saw it recapped in Mealey's recently. U.S. District Court Judge Peter Beer, of the Eastern District of Louisiana, granted partial summary judgment on May 2 to State Farm and one of its agents, Nora Vaden, over a claim that they were negligent in failing to procure a flood insurance policy for the homeowner, Liselotte Morice...
California Insurance Commissioner wants court decision depublished that placed responsibility on homeowner to obtain adequate insurance
Posted on June 12, 2008A reader sent me this fascinating, and pretty good, story from the L.A. Times. The story looks at recent homeowner losses to wildfire -- where a major problem was homeowners having property insurance for less than the value of the home -- and debates who is to blame for underinsurance, agents and insurers, or homeowners...
Provost Umphrey firm not disqualified, provided they meet conditions set by Judge Senter
Posted on June 12, 2008Judge Senter's opinion is here. The Provost Umphrey firm in Texas, which had been recommended to policyholders by the disqualified Katrina(less) Litigation(less) Group, will not itself be disqualified, providing that within 14 days they can say the following is true:1...
Hoodzpah, Part Deux: What will Hood say to these developments?
Posted on June 12, 2008You may have heard about this. State Farm, citing an oppressive legal climate in Mississippi fostered in large part by Attorney General Jim Hood, wants to hike rates in Mississippi by 13 percent and will drop coverage for homes within 1,000 feet of the coast...
Hoodzpah: AG Hood calls Judge Acker 'unprofessional,' continues 2008 Self-Destruction Tour
Posted on June 12, 2008If I was an adviser to Jim Hood, I would have counseled just letting Judge Acker's blast against the "so-called law enforcement official" go unanswered, or passing it off with a simple "I took the actions necessary to protect the people of Mississippi and protect the integrity of my office (chuckle), the allegations are false," or "he doesn't have his facts straight," or "he's not looking at all the facts and circumstances...
Federal jury returns $21 million verdict against insurer in Katrina case in Louisiana
Posted on June 10, 2008Here's a case I've been meaning to get to for a few days -- Marketfare Annunciation, LLC v. United Fire & Casualty Ins. Co. On June 6 a federal jury in the Eastern District of Louisiana, in New Orleans, handed down a $21 million against United Fire and in favor of Marketfare, a small local grocery store chain, over Katrina damage...
Hammer time: more thoughts on Judge Acker's civil contempt ruling on Scruggs, Rigsby sisters
Posted on June 06, 2008In reading Judge Acker's opinion of yesterday once again, it is striking how different this writing is from most judicial and legal writing -- one can actually understand it, and it is well-written and enjoyable to read. I say "enjoyable" not merely because I agree with what it says, but because the judge made good use of the writer's storytelling tools...
Judge Acker hammers Scruggs, Rigsby sisters for contempt
Posted on June 05, 2008Wow. Judge Acker found Scruggs and the Rigsby sisters jointly and severally liable for civil contempt and a fine of $65,000 in the Renfroe v. Rigsby case, relating to failure to promptly return the stolen State Farm claims files to Renfroe's counsel...
Scruggs Nation, June 5
Posted on June 05, 2008Dickie Scruggs' sentencing hearing has been moved again. Here's the story. I wonder how that federal investigation of the Wilson case is doing. Walter Olson has some news, including links to a post on the folo blog and a story by Patsy Brumfield...
Return of the Trailer Lawyers? Missouri lawyers fail to accept disqualification
Posted on June 03, 2008A few weeks ago, it was Bye Bye Trailer Lawyer Pie. But the Trailer Lawyers, bless 'em, are not willing to haul their trailer off quietly into the sunset. The Trailer Lawyers have now filed an eight-page rant against State "Snake" Farm and, strangely enough, Judge L...
McIntosh v. State Farm update, June 2
Posted on June 02, 2008The latest filings in the McIntosh case's latest flare-up over discovery issues includes this interesting question posed in State Farm's brief in response to Dickie and Zach Scruggs' objections to Judge Walker's order compelling production of certain documents:Yet continuing their quest not to produce any documents, despite the substantial reduction in their scope, the Scruggses have filed another objection with this Court, thus causing one to wonder: What information could possibly be contained in those documents that the Scruggses so desperately want to keep from ever seeing the light of day? The briefing for discovery fights in cases involving Scruggs and the former Scruggs Katrina Group provides some of the best details available as to Scruggs' methods of conducting litigation...
Scruggs Nation: I Fought the Law and the Law Won version
Posted on May 30, 2008Dickie Scruggs, Zach Scruggs, and their former law partner Sid Backstrom are to be sentenced July 2 in the Scruggs bribery scandal. John O'Brien at Legal Newsline has a story, and here is Judge Biggers' order setting the scheduling hearing...
Scruggs Lite, update May 29
Posted on May 29, 2008Some of the things that have been going on in the Scruggs Nation that past few weeks, not all of which I have had time to touch on yet. -- A story from Anita Lee of the Sun Herald: E.A. Renfroe is asking for the dismissal of Ex rel...
Scruggs Nation, May 27
Posted on May 27, 2008I know, I know, citizens of the Scruggs Nation, I know. You will see this post and be stricken with nostalgia for the days of the 20,000-word Scruggs Nation posts, the ones that took me five hours to write, the days when the feds were rattling, the Scruggs was battling and Dickie's friends were skedaddling...
Memorial Day 2008
Posted on May 25, 2008I wrote the post below two years ago for Memorial Day as a tribute to my Dad, who served as a soldier during World War II. This is the third straight year for this post, and I'll continue to run it every year. I've thought of his service often, and have read many books about war and military history to try to understand what he did, what he went through, and also who he was...
Renfroe seeks inquiry into whether new Katrina counsel associated with Scruggs, KLG
Posted on May 23, 2008The Disqualification Wars continue. First, after an initially unsuccessful effort by State Farm late last year to disqualify Dickie Scruggs from Katrina litigation on ethics grounds, Scruggs in essence disqualified himself on, uh, ethics grounds...
Landry Valued Policy Law: Louisiana Supreme Court rules for Citizens Property
Posted on May 22, 2008I heard about the Louisiana Supreme Court's decision in Landry vs. Louisiana Citizens Property Insurance Corp. yesterday morning, but had no time at all to do a post. Got too busy even to do an emergency post linking to the decision...
MIssissippi Supreme Court agrees to hear anti-concurrent cause case
Posted on May 21, 2008A huge development: the Mississippi Supreme Court has agreed to hear the interlocutory appeal of Corban v. USAA, which I have written about here. Being as this case is about anti-concurrent cause, my favorite subject next to Scruggs and the Trailer Lawyers, I wish I had more time to write about this, but I don't...
The Day the Music Died: Trailer Lawyers disqualified from False Claims Act case
Posted on May 20, 2008It is with much sadness I report that the Trailer Lawyers -- Trailer Chip and Trailer Tony, Trailer Todd and Trailer Mary -- have been disqualified from Ex rel. Rigsby, the False Claims Act case often known by the incredibly ugly phrase "the Qui Tam," which of course is Latin for "Trailer Lawyer...
Update on McIntosh v. State Farm case, May 19
Posted on May 19, 2008I've got a lot of catching up to do, but thanks to all those who e-mailed ideas for posts. I'll work my way through those as time allows, but for now, let's look at Magistrate Judge Robert Walker's rulings on Friday in the Verdun-like battle of McIntosh v...
Blogging schedule, May 19
Posted on May 19, 2008Time continues to be extremely limited, and blogging has been impossible. However, if politics is the art of the possible, blogging is the art of the impossible. I'll see if I can sneak a post in later this morning.
Renfroe v. Rigsby update, May 14
Posted on May 14, 2008Time continues to be extraordinarily limited. Thanks to readers for pointing out the article in the New Yorker on Dickie Scruggs. I was called by one of the fact checkers for the magazine about the story, although I didn't have time to return the call before the story closed...
Katrina litigation update/Trailer Lawyer update, May 13
Posted on May 13, 2008This recent Anita Lee story in the Sun Herald tells how hundreds of former clients of the disqualified Katrina(less) Litigation Group have migrated, at the suggestion of KLG lawyer Don Barrett, to the Texas tobacco litigation firm Umphrey-Provost...
Scruggs Nation, May 12
Posted on May 12, 2008The sun never sets on the Scruggs Nation. Sometimes it is eclipsed, true, but it never sets. Dickie Scruggs, after a long absence, is back in the news. This Clarion-Ledger story says the Justice Department is looking into bringing racketeering charges against The Scruggs...
State Farm reaches settlements with policyholders formerly represented by disqualified lawyers
Posted on May 09, 2008Thanks to Marjory Morford, Dunn Carney's marketing director, for sending me the link to this story by Mike Kunzelman of the Associated Press. (Marjory frequently helps me with this blog -- for example, on days where I'm too busy to review and publish comments, she does it...
California Court of Appeals: no guaranteed replacement cost means homeowner is solely responsible for adequate insurance
Posted on May 08, 2008California wildfires have provided some interesting battles between policyholders and insurers, chiefly over whether the insurer or the homeowner is responsible for the home being underinsured when it was destroyed. I wrote about a Bloomberg piece on that subject in this post last year...
Update on McIntosh v. State Farm case, May 7
Posted on May 07, 2008The effort to find lawyers for the McIntoshes, plaintiffs against State Farm in one of the signature and most bitterly fought Katrina cases, continues to run into snags. You may remember Judge Senter's order of April 15 in which he clarified that his earlier disqualification order pertaining to the Scruggs(less) Katrina Group, aka the Katrina(less) Litigation Group, is broad and pertains to any law firm associated with the SKG-KLG...
New article on plain English requirements for insurance policies
Posted on May 06, 2008This is a relatively small article I wrote for the OADC magazine, the Oregon Association of Defense Counsel. I'm not actually a member of that organization, but one of my partners is on the Board of Directors, so I like to help out when I can...
Federal regulation of insurance, etc.
Posted on May 05, 2008I've had a number of stories by Becky Mowbray of the New Orleans Times-Picayune sitting around in my feedreader waiting for me to find time to comment. Between the day job and the Trailer Lawyers, it's been difficult, but I can sneak some of them in here...
Trailer Lawyers demand sanctions for 'scurrilous' allegations relating to Rigsby Trailer Summit
Posted on May 02, 2008A good way to finish out the week -- once again it's Trailer Time, where we catch up on another episode of the Trailer Lawyer News, with that beloved and familiar cast of characters: the Rigsby Sisters, Dickie Scruggs, Trailer Todd, Trailer Tony, Trailer Chip and Trailer Mary, and of course, Snake Farm...
May 1 potpourri
Posted on May 01, 2008Again, time is very limited today, so this will have to suffice.-- I saw this story in the Insurance Journal that, following the Fifth Circuit's opinion in Broussard v. State Farm, the case has settled, so there won't be any new trial. -- This item from the Las Vegas Sun on a sudden increase in interest following an earthquake in Utah is interesting: Fuller said most people usually don't buy earthquake insurance because of its cost, the belief that an earthquake won't happen in Utah or that the federal government would help in an emergency...
Blogging forecast, April 30: extremely light posting
Posted on April 30, 2008Time is extraordinarily short today for posts of any kind -- just a heads up in case you were looking for a new one. Probably not going to happen.
Trailer Lawyer News, April 29:
Posted on April 29, 2008The Trailer Lawyers have been promising a devastating response to State Farm's motion to disqualify them in the False Claims Act case, Ex rel. Rigsby. They filed two briefs yesterday in opposition, one by Chip Robertson's firm, loaded with euphemisms and which studiously avoids the word "trailer," and another by Todd Graves' firm...
Appleman Critical Issues article, more anti-concurrent analysis and theory, exploration of the philosophical underpinnings of ambiguity
Posted on April 28, 2008I've said it was coming Monday, and when I make a promise, I aim to keep it. Even though as I write it is once again into the wee hours, due to day job responsibilities. Good Lord, I miss seeing my family. Here is a copy of the article as it appeared recently...
Sun Herald story on Rigsby sisters
Posted on April 28, 2008Lots of e-mails from readers yesterday about this story by Anita Lee in the Sun Herald on Kerri and Cori Rigsby. The story is headlined "Under Pressure," which means we better cue up the You Tube video of the David Bowie song of the same name...
When is rogue employee conduct covered? Course and scope of employment decisions
Posted on April 25, 2008Reading cases about insurance coverage for employee bad conduct is sometimes difficult -- not just the legal part of it, the facts are often pretty disturbing. I mean, some of these folks? We're talking major league weirdos. After I read some of these cases, I feel like going to wash my hands -- or not, considering they are often about some wacko using bathroom surveillance equipment...
Trailer Lawyers v. Snake Farm: battle of the theme songs
Posted on April 24, 2008I've nominated this song as the official theme music for Trailer Lawyer posts. A reader nominated this terrific song as the anti-Snake Farm, pro-Trailer Lawyer anthem. There were other good suggestions from readers for theme music in the comments to this post, and more are welcome...
New anti-concurrent article coming Monday April 28
Posted on April 24, 2008Posting will be light, probably, for the next few days due to extreme day job demands. I do want to mention, however, that I will be posting on Monday, April 28 the text of my new article on anti-concurrent cause and Fifth Circuit Katrina cases, being published this week in New Appleman on Insurance: Current Critical Issues in Insurance Law...
Trailer Lawyer News, April 23: the 'Snake Farm' edition
Posted on April 23, 2008You know the old saying -- if you can't stand the heat, stay out of the trailer. This story by Dan Margolies in today's Kansas City Star features angry denunciations by Chip Robertson and Todd Graves, suspected Trailer Lawyers, of State Farm:“There’s a reason people call them ‘Snake Farm,’ ” Robertson said Monday...
Sanctions sought against Scruggs in Wilson case
Posted on April 23, 2008Better do a quick post this morning on this Anita Lee story in the Sun Herald on a motion for sanctions against Dickie Scruggs in the Wilson fee dispute case, the one in which Joey Langston pleaded guilty to trying to influence a judge. This paragraph seems explosive:[Wilson attorney Vicki] Slater said she learned how the conspirators communicated...
Is this what Judge Senter had in mind?
Posted on April 22, 2008When Judge Senter issued his order disqualifying the Katrina(less) Litigation Group, was this letter from Don Barrett on behalf of the KLG what he had in mind? Where the Katrina Litigation Group handpicks a successor and sends clients a contract to sign up with that firm? Here's the key part of Judge Senter's order:The payments made to the Rigsby sisters require the disqualification of the successors to the SKG and those whom they have added as associates from further participation in any litigation in this Court against State Farm and Renfroe arising from property damage attributable to Hurricane Katrina...
McIntosh case: fraud claim dismissed
Posted on April 22, 2008The McIntosh v. State Farm, easily the most contentious of the State Farm Katrina cases, has long been dark and bloody ground where lawyers clashed by night. This is the case where Kerri Rigsby herself approved the flood payment, then turned around and accused State Farm of overpaying flood damage with government money to minimize the company's liability for wind...
Trailer Lawyer News: Who is Trailer Todd? Graves: I was with Goofy
Posted on April 21, 2008Is Todd Graves denying he is a Trailer Lawyer? In this story, he says he was at Disney World on March 11, 2006, the day of the first Trailer Lawyer meeting with the Rigsby Sisters and Dickie Scruggs. Someone named Todd apparently was there, though, according to the Kerri Rigsby November 20, 2007 deposition...
Mississippi Supreme Court asked to interpret anti-concurrent cause in interlocutory appeal
Posted on April 18, 2008Anti-concurrent cause language in first-party property insurance is, believe it or not, something I enjoy writing about even more than I do about Katrina litigation in general, Dickie Scruggs, Jim Hood or even the Trailer Lawyers. So I have been trying to squeeze in some time, not always successfully, to follow the Corban v...
April 17: Trailer Lawyer identity crisis, more on Moore
Posted on April 17, 2008As I've said, work is the curse of the blogging class. Day job demands come first, so I had difficulty grabbing some blogging time until late April 16/early April 17, when I wrote this post. A couple must-blog-about things follow. Trailer Lawyer News Terry Ganey of the Columbia (Missouri) Tribune has a Trailer Lawyer story, which appears to include fresh quotes from an interview with Todd Graves and Tony DeWitt...
Lawyers disqualified in RICO case against State Farm
Posted on April 16, 2008The Shows case, the big RICO lawsuit filed with fanfare and hoopla last year by the Scruggs Katrina Group, now is plaintiff-lawyerless. A federal judge, following in the footsteps of Judge Senter's disqualification of lawyers affiliated with Dickie Scruggs and the Rigsby sisters in the McIntosh case, has disqualified the Katrina(less) Litigation Group and associated counsel...
Updates on Scruggs v. Jones hearing, April 16
Posted on April 16, 2008THIRD UPDATE: Here is the scheduling order entered by Judge Coleman, allowing discovery on damages, and setting a hearing on that issue for November 12.Also, here is a story from Holbrook Mohr of the Associated Press, where Jim Hood "denies his predecessor delivered a warning that a wealthy lawyer would fund an opponent in last year's election if Hood didn't cooperate in Hurricane Katrina litigation...
More on the Jones v. Scruggs sanctions hearing
Posted on April 16, 2008It's not the first time this has happened to me during the Katrina Follies, that I have trouble believing what I'm hearing. I think I am a hardened observer of these events and that nothing could shock me anymore, but then something else does...
More excellent Scruggs blogging from Parloff
Posted on April 15, 2008When Roger Parloff has weighed in with Scruggs coverage, he has done a tremendous job, and one that is quite difficult. At this site, I assume that readers have a high degree of familiarity with the Scruggs Supernova. If they don't, well, they can type in a search for "Dickie Scruggs" and study up to become naturalized citizens of the Scruggs Nation...
Jones v. Scruggs hearing today
Posted on April 15, 2008SECOND UPDATE: "The Monster Was Dickie Scruggs." Here's some great live blogging from NMC at folo. I'll try to find some time to comment more thoroughly on the day's events, but it won't be until tonight at the earliest...
Update on Florida Insurance Wars, April 15
Posted on April 15, 2008As you may have heard, following an adverse decision in the Florida Court of Appeal, First District, Allstate decided to release to the public the so-called McKinsey documents, which some plaintiff lawyers claim are a smoking gun showing Allstate bad faith toward bodily injury claimants...
Rigsby sister depositions
Posted on April 14, 2008Some have been asking that I put the Rigsby sisters' depositions all in one post for ease of access and research. OK, here they are. I've talked a lot about these depositions, and don't have the time right now to go over them in detail again. The only thing I will note for this post is to repeat that in Cori's latest deposition, she admits accessing the State Farm claims files using a list of the Scruggs plaintiffs, although she says she can't remember where she got it...
Miss. Gov.: Don't put the corn on the ground
Posted on April 11, 2008These developments come a little too late for Tim Balducci.
DQ time: disqualification of Katrina(less) Litigation Group spreads, Rigsbys also receive skunk eye from judge
Posted on April 11, 2008Another judge in the Southern District of Mississippi has cited Judge Senter's recent decision to disqualify the KLG in his case. Here's the opinion. The Rigsby sisters are also barred as witnesses, and all purloined documents excluded unless it can be shown they were obtained through normal discovery...
Trailer Lawyers move for stay of Ex rel. Rigsby pending disqualification decision, State Farm responds
Posted on April 11, 2008The Trailer Lawyers yesterday filed an emergency motion for a stay of the "whistleblower" case, Ex rel. Rigsby. Here it is. They want things on hold -- probably so they don't have to waste any time on a case they may wave goodbye to -- until the motion to disqualify them is decided...
Scruggs Lite, April 11
Posted on April 11, 2008This post really doesn't have the juice to deserve a Scruggs Nation title. So as not to dilute the quality of my Scruggs Nation trademark, I'll use "Scruggs Lite" for stuff where I'm too tired/busy to hit the high notes...
Reaction to Fifth Circuit's Broussard opinion
Posted on April 10, 2008I base a lot of my evaluation about how good a written product is on how long it takes me to read it. In this evaluation, time is relative -- I don't mind spending an hour reading something long, as long as I am able to progress from the front to the back without a lot of problems and unnecessary stops along the way to try to decipher the trail...
Roger Parloff piece on Scruggs
Posted on April 10, 2008This story in Fortune is outstanding, captures a lot of the excesses of the Scruggs litigation tactics. Lots of e-mails from readers this morning talking about it.
Marine on deployment to Iraq awarded $3.5 million punitive damages in dispute with USAA
Posted on April 09, 2008I don't know that much about this case -- I only learned of it yesterday when the reporter called me -- but it has something to do with a pipe bursting under the slab of the house, I believe. In any event, the punitive damage award was a whopping $3.5 million...
Reaction to Sher case
Posted on April 09, 2008I happened to be up late Monday night reading the Court of Appeal's decision, so it was fresh on my mind when the Louisiana Supreme Court handed down its decision Tuesday morning. Here's a copy of the Supreme Court's decision, and here's a copy of the Court of Appeal decision...
State Farm moves to dismiss Rigsby sisters' False Claims Act, disqualify lawyers
Posted on April 08, 2008The jewel of the crumbling Scruggs Katrina Empire, the False Claims Act case Ex rel. Rigsby, is being attacked by State Farm, which says the case should be dismissed. Here's the memorandum in support of the motion to dismiss, which basically calls the Rigsby sisters parasitic late-comers to already public allegations who are attempting to cash in without having ever to ante up with anything real...
Sher: Louisiana Supreme Court reverses Court of Appeal, upholds validity of flood exclusion
Posted on April 08, 2008I said I would be shocked if the Louisiana Supreme Court upheld the lower court's finding that the standard flood exclusion was ambiguous. So I'm not shocked. Here's the decision. Again, not much time to blog right now, I'll have more to say about this case and Broussard when I can.
Fifth Circuit reverses Broussard
Posted on April 07, 2008Here's a pdf of the opinion, just out. Not much time right now to blog, but for now, this excerpt at the end of the case says it all: We REVERSE the judgment of the district court entering JMOL in favor of the Broussards. We REVERSE and VACATE the jury’s award of punitive damages...
Recent Cori Rigsby deposition: hoped to remain anonymous, continue adjusting for rest of life
Posted on March 28, 2008The Rigsby sisters better hope that False Claims Act lawsuit pays off, they are just about out of meal tickets. Here is a copy of the latest Cori Rigsby deposition. It was taken in January 2008 in the Renfroe v. Rigsby lawsuit, and unfortunately a great many sections were removed -- apparently these sections are sealed because the documents the sisters took from State Farm were being discussed...
Mississippi Public Broadcasting interview
Posted on March 27, 2008I was interviewed on MPB this morning by Karen Brown, who did a good interview about the Scruggs Scandal. I'll provide a link to the Web streaming of the program as soon as I can. UPDATE: Here's the link.
Update on Florida-Allstate confrontation, Louisiana insurance news, Scruggs
Posted on March 27, 2008Florida insurance warsI've likened Florida lawmakers and regulators to Wile E. Coyote -- they persistently pursue failed strategies. Every time that Acme rocket backpack blows up or runs them headlong into a cliff, they strap on another. They also are somewhat like a guy who is denied a promotion and then comes home and beats the stuffing out of his dog...
Mississippi State Insurance Day
Posted on March 26, 2008I now know the time I'll be speaking in Starkville: April 2 at 3 p.m. I'll provide the entire list of speakers soon, when it's ready to release to the public. That puts me as the last speaker of the day, so I hope everyone isn't tired and surly by that point...
Scruggs Nation, March 25: the breather
Posted on March 25, 2008I have to conserve my time and energy between now and April 2, when I'll be speaking at the Mississippi State Insurance Day, because I need both to work on my speech. Writing jokes is hard to do and takes a lot of time, I know people are expecting some new ones...
A.M. Best podcast on Sher and Landry cases before Louisiana Supreme Court
Posted on March 25, 2008Here's a link to a podcast interview of me by Chad Hemenway of A.M. Best about Sher, the flood-policy case and Landry, the Valued Policy Law case. Both are before the Louisiana Supreme Court, which has heard oral arguments. (The link is actually to the A...
March is Katrina/catastrophic loss month at the Insurance Law Center
Posted on March 24, 2008Details are here in this post by Karen Yotis. I was also on the Insurance Law Center's March 21 podcast, talking about a bunch of stuff, including the Sher and Landry cases currently before the Louisiana Supreme Court, legal blogging and Scruggs...
A great new blog
Posted on March 24, 2008I kick myself for not thinking of Tom Withers as a resource earlier in this Scruggs mess, but it may not be over, so there's still time. Tom is a former Assistant U.S. Attorney for the Southern District of Georgia, and he has started a blog on federal criminal defense practice...
Scruggs Nation, March 24: ten unanswered questions
Posted on March 24, 2008There are more than 10, of course, way more. But these 10 will do for a starter.1. How likely do you think it was that a lawyer of the reputation of John Keker and a defendant of the wealth and notoriety of Dickie Scruggs failed to test their case before mock juries? I would say it is very unlikely, and my guess is they used more than one...
Zach Scruggs pleads guilty
Posted on March 21, 2008THIRD UPDATE: Here's a copy of the transcript of Zach Scruggs' plea agreement. I heard it was available on folo and maybe other websites, but I had already ordered it by the time I heard that, so what the heck, the $21 cost of the transcript is on me...
(Zach) Scruggs Nation, March 21: All in the Family edition
Posted on March 21, 2008A reader provided me with some outstanding research on Zach's defense team, including some stuff from my own blog. Remember, the team now includes Mike Moore, Todd Graves, Chip Robertson and Mary Winter. Graves is the former U.S. Attorney for the Western District of Missouri, who, according to this press release, left resigned his office on March 24, 2006...
Rigsby sisters' D.C. attorneys withdraw from Renfroe case, cite lack of ability to pay
Posted on March 20, 2008In the Renfroe v. Rigsby case in Alabama, the Rigsby sisters have been represented by attorneys from three firms, two from Alabama and one from Washington, D.C., all paid for by Dickie Scruggs. The D.C. lawyers have now filed a motion to withdraw from the case for the following reason (I inserted the boldface to highlight the really significant part):This motion to withdraw is the result of the inability of the Rigsbys and others to pay Zuckerman Spaeder LLP's fees and expenses going forward, or to adequately satisfy existing fee and expense obligations...
(Zach) Scruggs Nation, March 20
Posted on March 20, 2008You may have heard that Zach Scruggs, the last man standing in the Scruggs Supernova, has come out with new motions. My favorite is this one, his motion to move the trial date, which should have contained a subhead reading "Delay: the Lawyer's Best Friend," and which contains this priceless paragraph:Most significantly, based on the summonses the court sent out, members of the pool have been notified of their selection and they will, undoubtedly, have a heightened interest in this case...
Mississippi Commission on Judicial Performance seeks suspension of Judge DeLaughter
Posted on March 19, 2008Here's a copy of the Commission's petition to the Mississippi Supreme Court. This comes from ethics complaints filed against DeLaughter by attorneys for William Roberts Wilson in the fee dispute case against Dickie Scruggs. Joey Langston, who represented Scruggs in the later stages of that investigation, has pleaded guilty to conspiracy to influence DeLaughter with the offer of a federal judgeship...
(Zach) Scruggs Nation, March 19
Posted on March 19, 2008Let's return for a moment to last week and the plea agreements of Dickie Scruggs and Sid Backstrom. We can surmise from the fact that Scruggs and Backstrom made plea agreements that Zach Scruggs also discussed a plea agreement.My working hypothesis was that one strong motivation for Dickie Scruggs to make a deal was to help get Zach out of this mess...
(Zach) Scruggs Nation, March 18
Posted on March 18, 2008As I wrote in one of my posts yesterday, Judge Biggers' order of yesterday afternoon made it clear that the deadline for plea agreements remained March 17. Some people have asked me whether this is an absolute deadline -- for example, if Zach Scruggs wanted to enter into a plea agreement just before trial, would the judge reject this...
Scruggs Nation, March 17
Posted on March 17, 2008If you missed my post from yesterday, go back and read it, it's got a roundup of some of the Scruggs stories of note, some stuff about Jim Hood, some Katrina litigation stuff -- it took me some time to put it together, so I hope you'll find something you like...
Yet more lawyers for Zach Scruggs
Posted on March 17, 2008I looked back at PACER to see if there are new developments, and two new lawyers are requesting pro hac vice admittance to represent Zach Scruggs. Here they are: Edward Robertson, Jr. and Mary Winter. Haven't had much time to do any research on them, but here is a quick bio of Robertson...
Mike Moore enters an appearance as co-counsel for Zach Scruggs
Posted on March 17, 2008Not sure exactly what this means, but I just saw this on PACER. Mike Moore, for those who don't know, is the former AG of Mississippi and a close friend of Dickie Scruggs who worked with Scruggs on the tobacco litigation and has also had a hand in Katrina litigation...
Scruggs Nation, post-Ides of March, pre-St. Patrick's Day edition
Posted on March 16, 2008A roundup of stories about the Scruggs plea agreements, and a few comments:Hood: you can't get there from here.This Legal Newsline story by John O'Brien about Mississippi Attorney General Jim Hood's reaction to the Scruggs plea is hilarious. Let's look at a few excerpts (I've boldfaced some particularly amazing parts):In catching high-profile plaintiffs lawyer Richard "Dickie" Scruggs in a judicial bribery scheme, the federal government's methods of investigation worked perfectly, Mississippi Attorney General Jim Hood said Friday...
Scruggs Nation, March 14: beware the day before the Ides of March
Posted on March 14, 2008There's a hearing today in Oxford on the latest motions. Someone in the comments yesterday asked what time -- 10 a.m. -- although if that pre-trial publicity was one-tenth as pervasive and inflammatory as the defense claims, I suspect he wouldn't have had to post a comment on a blog to find that out, he could have just listened to the people shouting in the street...
Scruggs Nation, the Reckoning: Dickie Scruggs pleads guilty
Posted on March 14, 2008We'll stay on this post all day and update. Look for the latest information at the top (I got chewed out by readers last time I did this for putting the new updates at the bottom).NINTH UPDATE: This motion was filed by the government today. It asks the court's permission to turn over evidence gathered by the FBI "taint team" -- a team that separately analyzed data like computer files copied from the Scruggs Law Firm during the November FBI raid -- to the federal prosecutors in the Scruggs case...
I'm coming to Mississippi
Posted on March 13, 2008I'm going to be speaking at Mississippi State University's Insurance Day -- I'm not sure if I'll be speaking on April 1 or April 2, but I'll get back to you soon when I clarify that. Here's a link to sign up to attend -- there's a list of the speakers...
Scruggs Nation, March 13: more motions, more folly about publicity
Posted on March 13, 2008USA v. Scruggs has had a flurry of motions in recent days that will be argued at a hearing tomorrow, and then you know what Monday is -- last day for plea bargains. Here are the motions. Motion to sever. This motion, which is a second try at coming up with reasons why the trial of Sid Backstrom and Zach Scruggs (Zach also endorsed or joined in the motion) should be separate from that of Dickie Scruggs, contains this interesting passage:The impaneling of an “anonymous jury” is seldom used in American trials...
First party property causation, New England style
Posted on March 12, 2008One of my friends who follows this stuff more closely than I have been able to do since the Scruggs Supernova happened has been sending me copies of court decisions on property loss causation. This is a subject I take a great deal of interest in, and I'm going to comment on the causation analysis of two recent decisions, one from New Hampshire and one from Vermont...
Hood: I will offer help if someone will do what I won't
Posted on March 12, 2008Read this AP story on Jim Hood saying he will offer the full resources of his office to local District Attorneys if they decide to investigate and prosecute those connected to the Scruggs scandal. No one has any plans to do so, of course...
Scruggs Nation, March 11: imagining straws to grasp at
Posted on March 11, 2008This probably makes little sense to non-bloggers, but I have always had a favorable feeling toward Zach Scruggs because of his work on the Scruggs Katrina Group blog. I thought he did a creditable job there -- the blog was not all it could have been, but then again, he had other things to do...
Let me once again recommend the Lexis Insurance Law Center
Posted on March 11, 2008Look, I'm not saying this just because I'm on the advisory board, and I'm not saying this just because I have this post up about legal blogging, and I am not saying this just because I am as amazed as anyone that a behemoth like LexisNexis is beginning to understand the interactive possibilities of free internet content...
Louisiana homeowners face differing standards for flood insurance offset
Posted on March 11, 2008Here's another of those great Rebecca Mowbray stories in the Times-Picayune on Katrina legal developments in Louisiana. This story discusses two different schools of thought among courts in the state when analyzing a common factual scenario -- someone had both a homeowners policy and federally backed flood insurance when Hurricane Katrina and Hurricane Rita damage happened...
Scruggs Nation, March 10
Posted on March 10, 2008On Friday I linked to a post at Law and More that discussed a recent American Lawyer article on Dickie Scruggs. I gave my quick take on Scruggs, without having read the article, but later that day I had a chance to read the story, by Susan Beck...
Scruggs Nation, March 7: the Wilson case lives
Posted on March 07, 2008I wasn't sure what was going on in this story in the Clarion-Ledger, something about lawyers for William Roberts Wilson filing a motion seeking sanctions against Scruggs is about all I caught. So a reader provided me with a copy of the motion filed in Hinds County March 4, and it becomes clearer...
Scruggs Nation, March 6: anonymous jury, more sweet potatoes
Posted on March 06, 2008In the Scruggs bribery case, Judge Biggers granted the government's request for an anonymous jury because of concerns of potential harassment and intimidation. Here's a copy of his order, and here is an excerpt, which I have broken up into paragraphs for easier reading:The court also finds that element (1) above exists in this case in that extensive publicity has been paid to this case thus far and, after the trial begins, publicity will likely increase and the names and addresses of the jurors sitting on the case would be enhanced and more likely cause attempts to contact the jurors by news media or friends or acquaintances who do not know the proper role for juror conduct, and therefore more pressure would be brought on the jurors if their names were in the public news media during the trial...
Another Balducci bribe attempt?
Posted on March 06, 2008I had not seen this in my readings of the government evidence in the Scruggs case, but this story by Alyssa Schnugg of the Oxford Eagle is about an alleged conversation between Tim Balducci and Judge Lackey concerning a bribe in a second, unrelated matter, a DUI manslaughter case...
Rigbsy 'whistleblower' lawsuit drops three insurers, keeps State Farm
Posted on March 06, 2008You will recall the False Claims Act lawsuit by the so-called "whistleblower" Rigsby sisters -- the ones who received no-show (or at least "very little show") jobs at $150,000 a year from Dickie Scruggs while being material witnesses in Katrina cases prosecuted by Scruggs, and while being called before a state grand jury as star witnesses...
Louisiana's Foti challenged post-departure for choices in office
Posted on March 06, 2008As I've said before, work is the curse of the blogging class. Time is limited for blogging these days, but let's see what I can squeeze into the blog in the next few days.This Mike Kunzelman story is very interesting: former Louisiana AG Charles Foti, a prosecutor of almost mythic ineffectiveness and Mr...
Y'all Nation, March 5: can y'all be used as a singular pronoun?
Posted on March 05, 2008We had such an interesting array of comments on the proper use and meaning of "y'all" in the (Zach) Scruggs Nation post yesterday, I took some time last night to do a little independent research on the subject. The comments overwhelmingly favor "y'all" exclusively as a plural, although a few commenters thought it might be used as a singular pronoun on occasion...
Louisiana insurance market recovering, state-run insurer has less risk
Posted on March 05, 2008In marked contrast to the bellicose approach of Florida officials under Gov. Charlie Crist, Louisiana, in the down insurance market on the southern Coast after Hurricane Katrina, decided on the soft sell. In one way, you could say, Louisiana didn't have a lot of choice...
(Zach) Scruggs Nation, March 4: Zach Scruggs files motion to dismiss charges for alleged government misconduct before grand jury
Posted on March 04, 2008Zach Scruggs yesterday filed a motion seeking to dismiss the charges against him (here is a copy). If this were granted, it would be huge -- with Zach out of the case, much of the government's leverage over Dickie Scruggs would disappear, and chances of a plea agreement with the elder Scruggs would drop significantly...
Anti-concurrent cause, Ontario style
Posted on March 03, 2008I saw an interesting case on anti-concurrent cause language in a liability policy on the blog for the Cavanagh Williams firm in Ottawa. Here's a copy of the case, Appin v. Economical Ins. Co., in the Ontario Court of Appeals. The decision was handed down in mid-February...
USA v. Scruggs ('Bama version) is dismissed, case closed
Posted on February 29, 2008Here's a pdf of the judge's order. More when I have a minute to read it.__________________UPDATE: I read it, and all I can say is thank goodness, it has been a long time coming -- finally, a case where the criminal justice system doesn't railroad a famous, rich, white guy! Famous rich friends of Dickie Scruggs -- it's party time! Although the judge did allow that it might have looked bad that Scruggs defied the terms of the injunction, Judge Vinson cited two reasons why the charge of criminal contempt could not stand against Scruggs:First, the court had no jurisdiction because Scruggs was not active in the Renfroe v...
More on Hood interview on MPB
Posted on February 29, 2008Is it just about over, the Jim Hood Self-Destruction Tour? I mean, we are all on his back to talk when he fell silent in the wake of the Scruggs indictment, but now it looks like Quiet Jim knew better than Chatty Jim. This new strategy of talking to the media? Not working...
Update on oral arguments in Landry, Sher cases before Louisiana Supreme Court
Posted on February 28, 2008In my post from Monday, I neglected to mention that in addition to Landry v. Citizens Property, the Valued Policy Law case, the Louisiana Supreme Court was also to hear oral arguments Tuesday for Sher v. Lafayette, a case where the lower appellate court found a flood exclusion in a homeowners policy ambiguous...
Hood interview on NPR about Scruggs, Balducci, State Farm
Posted on February 28, 2008I listened to it, not much time right now to comment. But here's the link. Listen for what he says about being influenced by Mike Moore and how the answers get pretty fuzzy when it comes to what Balducci and Patterson actually said to him. One thing though...
Hood discusses meeting with Balducci, Patterson
Posted on February 28, 2008In this AP story by Holbrook Mohr, does Jim Hood sound like he's about had enough of being Attorney General of Mississippi? A State Farm attorney suggested during a court hearing earlier this month that Scruggs dispatched Balducci and Patterson with a message for Hood: Scruggs, a political force with deep pockets, would support another candidate for attorney general if Hood charged State Farm with a crime...
Scruggs Nation, February 27: the 'Bama prosecution
Posted on February 27, 2008I read the latest filing by the special prosecutors in USA v. Scruggs (Alabama edition) and they really slagged Scruggs big time in this one. An excerpt: The Special Prosecutors have also learned of recent sworn testimony by Cori Rigsby Moran and/or Kerri Rigsby, in which it was acknowledged by one or both of these material witnesses, that the Defendant Scruggs knew of the planned "data dump" weekend in June 2006, before the data dump occurred, and that it was Scruggs who made pre-arrangements for the Attorney General's office to pick up the documents on that Monday morning...
More on yesterday's ruling from Judge Biggers in USA v. Scruggs (Northern Mississippi edition)
Posted on February 27, 2008I'll have a few more things to say about yesterday's orders by Judge Biggers, which are in this post from yesterday, when I have time to post, which will be over my lunch hour today. Don't want you to think I've forgotten about these. _____________________________________What is striking to me about Judge Biggers' orders denying defendants' motions is how short the orders were -- not much wringing of hands or fussing around...
Jones v. Scruggs update
Posted on February 27, 2008I saw this story on my PDA yesterday but didn't link to it because it was only a few paragraphs of a "breaking" story and I couldn't tell what was going on, which makes commenting difficult. I figured there would be a more complete story later, and I was right...
Scruggs Nation, February 26: the update
Posted on February 26, 2008Judge Biggers' orders are out on the defense motions in USA v. Scruggs (Northern Mississippi edition) -- all denied. We can talk more about these later, but here they are:Order denying motion to suppress wiretap evidence.Order denying motion to exclude extrinsic evidence of prior related acts...
Scruggs Nation, February 26: what of the Balducci-Patterson-Hood meeting?
Posted on February 26, 2008There were a large number of filings in the USA v. Scruggs case (Northern Mississippi edition) yesterday, but one thing from these documents stuck out like a sweet potatoes deliveryman in a judge's chambers. Check out this passage from one of the exhibits attached to a supplemental Scruggs brief on the validity of the wiretaps in the bribery case...
Louisiana Supreme Court to hear oral arguments on appeal of Landry case, interpretation of Valued Policy Law
Posted on February 25, 2008The docket for the Louisiana Supreme Court says that oral arguments will be heard tomorrow in Landry v. Citizens Property Ins. Co., a case featuring a remarkable opinion from the Louisiana Third Circuit Court of Appeal -- remarkable in the sense it makes you want to remark that it makes no sense whatsoever...
Scruggs Nation, February 22: home sour home
Posted on February 22, 2008There's no place like home . . . gulp. Or so Dickie Scruggs and the other alleged bribery conspirators seemed to think when they filed their motion for a change of venue for their scheduled March 31 trial. However, Judge Biggers has turned that motion down, apparently along with all the others (the news stories I read are unclear about the fate of the motions to sever the trials of Zach Scruggs and Sid Backstrom from that of Dickie Scruggs, but since they don't affirmatively say the motions were granted, I'm assuming those motions also were denied)...
Update on Scruggs hearing, continues today
Posted on February 21, 2008I loved this stuff on the Scruggs hearing from Patsy Brumfield of the Daily Journal -- great color.The third-floor courtroom was packed – media, regular folks and law students, even curious attorneys from around the storied Oxford Square. The defense tables were filled with some of the finest criminal lawyers money can buy...
Was Birnbaum's sending of the accidental e-mail about Hood really an accident?
Posted on February 21, 2008This is the question some have posed to me. I considered this possibility immediately after I heard of the e-mail about Jim Hood, which is discussed in this post from two days ago. I soon rejected this as a likely possibility for reasons I will state below, and I didn't think it worth bringing up until I received several messages from regular readers whom I would place in the category of canaries in the rumor coal mine -- they reliably hear of almost all the key rumors and are accurate reflections of the zeitgeist (I mean this in a complimentary way -- if they were nutjobs I would pay no attention to what they say)...
WSJ story on feds' look at Lott's role in alleged attempt to influence DeLaughter
Posted on February 21, 2008Good stuff here from Paulo Prada and Ashby Jones. Here's an excerpt:Several people familiar with the situation say that associates of Mr. Scruggs told investigators that Mr. Scruggs relayed Judge Delaughter's interest in the federal judgeship to then-Sen...
Scruggs Nation, February 20: hearing day
Posted on February 20, 2008March 17 remains the last day for plea bargains in USA v. Scruggs, and if the defense motions that will be heard at today's hearing don't succeed, I wonder if we'll start seeing some movement. Here are the pleadings filed yesterday:Here is the government's opposition to Sid Backstrom's and Zach Scruggs' motions for severance...
Judge refuses to dismiss Scruggs indictment
Posted on February 20, 2008An AP story on today's hearing in Oxford, Mississippi. Tick, tick, tick, the clock will strike March 17 o'clock before you know it (that's the final date for plea bargains in this case). Are we going to see some kind of plea agreements coming soon?
Update on State Farm motion to disqualify Katrina Litigation Group
Posted on February 19, 2008It's a measure of heightened awareness of the whole scene in Mississippi: here is yet another story by John O'Brien of Legal Newsline reporting on State Farm's efforts to disqualify what's left of the former Scruggs Katrina Group from Katrina litigation, which would have the effect of forcing the group to change its name once again, I suppose...
Private insurers start to re-enter south Louisiana market
Posted on February 19, 2008I'm not so sure I'd get too excited by the developments reported in this Rebecca Mowbray story in the Times-Picayune, at least not yet. The story says insurers are once again beginning to compete for many policies that, as of late, have been held by Citizens Property...
State Farm attorney mistakenly sends query about having Hood held in contempt to reporters, Hood's press spokesperson
Posted on February 19, 2008Some of Jim Hood's proneness to gaffes must have rubbed off on Sheila Birnbaum of Skadden, Arps, a lead counsel for State Farm, when she was down in Mississippi to hear Hood testify February 6. Earlier today, Birnbaum accidentally replied to all the people on the distribution list for an e-mail Hood's press spokeswoman sent out this morning to a number of people, including reporters...
Hood denies there is a settlement in State Farm v. Hood
Posted on February 19, 2008As the saying goes, denial ain't just a river in Egypt. Here's an e-mail from AG Hood's media office this morning: Hello All,Just wanted to note that General Hood has been on record (more than once) as saying the ONLY thing under seal in the federal case, State Farm v...
U.S. Supreme Court rejects cert. for In Re Katrina Canal Breaches case
Posted on February 19, 2008UPDATE: This is somewhat more complicated than I have time to explain here at present, but who appealed from the Fifth Circuit decision were Xavier University and 68 plaintiffs who wanted to have a class action that was called Chehardy. Some other plaintiffs who had been consolidated in In Re Katrina Canal Breaches case did not appeal -- the Vanderbrook proposed class action plaintiffs and maybe there are some more who I've forgotten about...
Reality takes a holiday on High Street
Posted on February 19, 2008Mississippi AG Jim Hood has developed quite a specialty in talking about things that are supposed to be secret, like his state grand jury investigations last year and the recent settlement in the State Farm v. Hood lawsuit. But how low have Hood's fortunes sunk? This low: he can't even win an argument when he's the only one talking...
Scruggs Nation, February 18: 'Too dumb for Dickie'
Posted on February 18, 2008The Scruggs defense just got its official slogan, if it is on the ball enough to know a gem when they see it, from this Q&A in the Wall Street Journal Law Blog with actor Colm Feore, who played Scruggs in a movie. Back in November, Scruggs was indicted for allegedly bribing a judge in Mississippi, and it’s turned into quite a mess...
Fifth Circuit strikes down fee allocation involving ex parte hearing featuring prominent member of Katrina Litigation Group
Posted on February 15, 2008I read this recent opinion from the Fifth Circuit about a fee allocation among plaintiffs' counsel in a class acton settlement. The case was of interest to me because it involves Don Barrett, of tobacco litigation and Scruggs(less) Katrina Group fame, and if you remember, a fee dispute among Scruggs Katrina Group firms is what touched off the Judge Lackey bribery plot allegedly involving Dickie Scruggs...
Valentine's Day potpourri
Posted on February 14, 2008I was going through my feedreader, which I haven't had much time to do recently, and with this relative lull it's a good time to give a few links and talk about a few things that I've yet to get to.-- I was reading this story by John O'Brien of Legal Newsline about the battle in the McIntosh v...
Scruggsellaneous odds and ends
Posted on February 13, 2008In the crunch of daily blogging, inevitably some things get left behind. Sometimes they stay left behind, but sometimes, through luck and perseverance -- like the Rachel finding Ishmael afloat on Queequeg's coffin while searching for its lost children -- these castaways are rescued...
Katrina article in Bloomberg Law Reports
Posted on February 13, 2008Here's a copy of something I wrote on Katrina litigation in the Fifth Circuit that ran as the featured article in the February 11 Bloomberg Law Reports -- Insurance Law. I won't bore you with the terms of the copyright for this article, but it doesn't vest in me for a period of time, so I appreciate Bloomberg giving me permission to link to a copy of the article immediately...
Scruggs Nation, February 12: the sweet potatoes edition
Posted on February 12, 2008Well, everyone has been waiting for some time for the other shoe store to drop in the Scruggs scandal, especially after the guilty plea of Joey Langston. It wouldn't surprise me to see some big developments soon. But be that as it may, for today, in USA v...
More on transcript of February 6 State Farm v. Hood hearing
Posted on February 11, 2008I read through every single word of the transcript, and it was painful -- painful because Jim Hood thoroughly beclowned himself. Whether it was an intentional diversionary tactic or involuntary, I cannot say, but the persona Hood offered at the hearing was certainly no Albert Einstein -- in fact, it was not even an Alfred Einstein...
Transcript of State Farm v. Hood hearing
Posted on February 08, 2008OK, y'all have been waiting to see this, and here it is. Here's a transcript of the February 6 and 7 hearing in State Farm v. Hood -- lots of fine reading here, knock yourself out. I've looked through it at some key places, but at present I don't have time to write a bunch about this...
Scruggs nation, February 8
Posted on February 08, 2008I am glad John O'Brien of Legal Newsline did this story on the Wilson-Scruggs fee dispute case, the one in Hinds County where Joey Langston pleaded guilty to attempting to bribe the judge, Bobby DeLaughter, with consideration for a spot on the federal bench...
Case over in State Farm v. Hood
Posted on February 07, 2008This just in. The judge has ruled that the January 2007 agreement between Hood and State Farm is not tied to other contingencies like the disapproved class action settlement, is enforceable and is unambiguous. The parties have reached a settlement which is confidential...
Third update: State Farm v. Hood
Posted on February 07, 2008Holy Cow, do I wish I could have been in the courtroom to hear the exchange between State Farm attorney Jim Robie and AG Jim Hood, which I was hearing about for a couple hours tonight by rumor but finally have confirmed as true. At first, I did not quite believe the reports I was receiving, because it suggested a colossal drubbing of Hood on the witness stand beyond what even I would have expected...
Second Update on State Farm v. Hood hearing: Hood speaks
Posted on February 07, 2008Here's the latest (I've had this information for a while but just got a few minutes to blog) on the hearing: Hood was on the stand this afternoon for over three hours. A common theme throughout the testimony was I don't know, you'll have to ask Courtney Schloemer, she was running the investigation...
Update on State Farm v. Hood hearing
Posted on February 06, 2008These are the latest developments from the State Farm v. Hood hearing, on whether State Farm's injunction against Hood's criminal investigation should continue, as of 11:30 a.m. Pacific Time, 1:30 p.m. Central Time. Testimony this morning touched on: the scope of Hood's investigative subpoenas and post-agreement subpoenas; the Rigsby sisters' subsequent data dump in July and whether they could be considered agents of the Attorney General; issues relating to National Flood Insurance Katrina claims by homeowners; the famed "confidential informant" letter from Hood to Alice Martin, U...
State Farm v. Hood hearing today
Posted on February 06, 2008What a show it's going to be today. We've got Jim Hood, Courtney Schloemer, Kerri Rigsby, and the transcript of the deposition of Dickie Scruggs all showing up today for the big hearing to decide if State Farm's injunction against Hood's criminal investigation will continue...
Langston story
Posted on February 06, 2008You know, I'm glad I read this long story in the Daily Journal about Joey Langston. I learned a few things I didn't know. However, one goal of the story was to make the reader see the human side of Joey Langston, and to tell the truth, the story just kind of made me more ticked off at him -- here's a guy on top of the world, holding himself out as the state's top trial lawyer or some such, and he has to resort to a conspiracy to bribe a judge...
State Farm v. Hood update: the day before the big hearing
Posted on February 05, 2008Some things I wanted to update you on in State Farm v. Hood. Remember what this case is -- State Farm sued Hood back in November in his capacity as Attorney General, seeking to enjoin his renewed criminal investigation into the insurer's claims adjusting activity...
What's the name for Hood posts?
Posted on February 05, 2008Yes, I know, about now everyone is expecting another edition of Scruggs Nation, where folks gather round the indictment water cooler and drink deeply of the latest scruggsational news and analysis.And that will come with the next post, but first, there is unfinished business regarding Jim Hood...
Podcast of Maniloff's Top Ten insurance coverage cases of 2007
Posted on February 05, 2008Late last year, I linked to Randy Maniloff's 2007 Top Ten coverage cases -- I wrote about it in a post here, and I'll say it again: how many people out there are producing sophisticated legal analysis where they can make you laugh at the same time? Not many, unless they've been keeping themselves well-hidden...
Judge scolds Scruggs over attempts to avoid State Farm deposition: I am shocked, SHOCKED, I tell you
Posted on February 04, 2008Dickie Scruggs being accused by a judge of engaging in tactical delays in litigation? Come on, judge, don't you know who you are talking about here? This is one of the most noted litigation entrepreneurs in all the land! Why, accusing him of tactical delays is like alleging that he would violate a judicial order to return documents by playing a game of keep-away with Jim Hood, or of making arrangements to pay material witnesses $150,000 a year for no-show jobs, witnesses who were supposed to be the keys to a federal grand jury, a state grand jury, a "whistleblower" lawsuit alleging massive insurer fraud and numerous Katrina bad faith cases...
GAO report on insurance adjusting of Katrina claims: an inherent conflict of interest?
Posted on February 04, 2008This GAO report on insurers' adjusting of Katrina claims, which Congress ordered way back when in response to allegations insurers committed massive fraud, is one of the things I wanted to get to in my post from last Friday but didn't have time to...
U.S. Attorney declines to intervene in Rigsby 'whistleblower' lawsuit (at this time)
Posted on February 01, 2008How long has it been since Katrina came ashore? More than two years and five months. You would think that would be enough time for the government to make up its mind whether it has reason to believe the allegations of the Ex rel. Rigsby False Claims Act lawsuit, or whether it has reason to believe the allegations are pure bunk...
Scruggs Nation, Hood Nation: January 31
Posted on January 31, 2008I like catch phrases like "Scruggs Nation" and so forth -- like any brand name, it signals the consumer what is coming without a lot of extraneous verbiage. I've been less successful in thinking of a brand for posts featuring Jim Hood -- he's more of a localized phenomenon than Scruggs, and unlike Scruggs, I have yet to receive conclusive evidence that the "nation" cares about Hood...
Scruggs Nation, January 30
Posted on January 30, 2008This document, a transcript of the August 18, 2006 hearing before Judge DeLaughter in the Wilson v. Scruggs case, is what I've been reading the last few days, when I can grab a few minutes here and there. I'm in a stretch where blogging time is limited, and I will have more to say about this case and this transcript later, but as the audience for this blog includes a lot of really sharp people who like to read and interpret documents for themselves, I want to put this out in the public domain...
Blogging schedule January 30
Posted on January 30, 2008I'm going to be posting later today, some matters at work kept me busy last night and early this morning and time for blogging was scarce. I've been getting lots of suggestions for posts, some Scruggs related, some Katrina related, some just generally insurance related...
Jury awards homeowners $64,000 in Aiken v. USAA, bad faith issue not sent to jury, engineering firm was previously dismissed
Posted on January 29, 2008It is a major story in Katrina litigation when an insurer goes to trial and doesn't get shredded by the jury. By those standards -- by any standards, actually -- the $64,000 verdict against USAA yesterday in the Aiken case in federal court in Mississippi was a good result for the insurer and a less than satisfactory ending for the policyholders...
Scruggs Nation, January 28
Posted on January 28, 2008Just some brief items today. I've got some good Scruggs-related documents, but I'll see if I can get them posted tomorrow. Monday morning is a wicked time to post, and Monday in January in Portland is even worse. T.S. Eliot said April is the cruellest month, but I'll put my money on January every single time...
Injunction against Hood extended through date of hearing, State Farm notices deposition of Scruggs in Hood injunction case
Posted on January 25, 2008How bad is it, just how embarrassing is it, for a state Attorney General to get tagged with an injunction by the company he spent months demonizing and investigating? Probably about as bad as: Having to sit silently in your office for months, and on the few occasions when you do speak, having to pretend to get all excited about going after makers of fake contact lenses and foreign toys...
Katrina and Scruggs developments, January 24
Posted on January 24, 2008A few things to catch up on that happened while I was out sick, a few new things.-- First, AG Jim Hood on Friday moved to dissolve the temporary restraining order State Farm obtained against him last year that prohibits him from continuing with his criminal investigation of the insurer...
Regular blogging may resume Thursday
Posted on January 22, 2008I still don't feel well enough to put in the after-hours, extra energy required to blog at a high level of quality. Perhaps by Thursday that will change.
Blogging schedule
Posted on January 21, 2008As today is a holiday and I'm still ill, I won't be posting today unless some startling development happens. Also, and I know this will be disappointing to many, I will be returning to writing about insurance. Not exclusively, you understand, I'll still write the Scruggs Nation, but I won't be devoting all my blogging time to the Scruggs Nation any longer...
Scruggs Nation, Day 54
Posted on January 20, 2008An excellent story in the New York Times this morning by Nelson Schwartz on P.L. Blake's connections with Dickie Scruggs and how many people who've been targeted by Scruggs over the years are now lining up to whack him like he's pinata. Click here for a copy of the story (free registration required to read it)...
Scruggs Nation, Day 52
Posted on January 18, 2008I'm a bit under the weather today so just a quick post for now.The Daily Journal has the transcript of Joey Langston's guilty plea, which contains this passage:At about that time, Langston, working with Balducci andSteven A . Patterson, contacted and retained the services of EdPeters, a close personal friend of Judge DeLaughter...
Scruggs Nation, Day 51: Counterattack of the Keker Brigade -- Dickie Scruggs was framed
Posted on January 17, 2008Good day once again to the Scruggs Nation. A confluence of known and unknown deadlines and responsibilities of varying sorts -- unusually heavy even for my schedule -- robbed me of almost all blogging time yesterday and the night before, and Scruggs Nation posts take considerable prep time and effort...
Scruggs Nation, Day 50
Posted on January 16, 2008SECOND UPDATE: Here's a copy of last Friday's sealed motion, now unsealed, in which some of the defense strategy is laid out. UPDATE: Dickie Scruggs' lawyer says he was framed. Here's a story about it from Anita Lee of the Sun Herald, and here's an excerpt:Attorney John Keker said during a procedural hearing that FBI investigators offered "very misleading" evdience so a judge would agree to continue wiretaps into its investigation of his client...
Florida insurance wars continue, Allstate suspended from writing new auto policies in state
Posted on January 16, 2008Before I get to the news, a couple things. I've had requests to put the "insurance" back in Insurance Coverage Law Blog, and these are fair points. I have now finished my latest lengthy analysis for New Appleman on Insurance: Current Critical Issues in Insurance Law, so this frees up a little time for more posts on insurance...
Scruggs Nation, Day 49
Posted on January 15, 2008Is a picture worth a thousand words? Here's a photo that a Mississippi friend of Insurance Coverage Law Blog took of the Scruggs Law Firm in Oxford yesterday morning, dead potted plants and all. (Used by permission. Copyright is held by the photographer, who is known to me, but who wishes to remain anonymous to y'all at this time)...
Scruggs Nation, Day 48: center for news updates
Posted on January 14, 2008I'll keep this post on top throughout the day and update it with news as I hear of it and have time to post it.-- Joey Langston turned himself in at the U.S. Attorney's Office this morning, says this breaking story by Patsy Brumfield and Errol Castens in the Daily Journal...
Scruggs Nation, Day 48: looking ahead, and looking way ahead
Posted on January 14, 2008A common sentiment among many of the people I have communicated with in Mississippi is hope, hope that despite the embarrassment of the ongoing investigations and revelations, a new and better future awaits. I think this accounts for much of the vehemence that we are seeing as more allegations come to light -- a desire to storm the Bastille, and tear it down so that no stone is left standing on another...
Scruggs Nation, Day 47: story says Joey Langston pleads guilty
Posted on January 13, 2008A story by Jerry Mitchell in this morning's Clarion Ledger says Joey Langston entered a guilty plea in federal court. Here's a link. As of the time I'm posting this it's early on the West Coast, I may have more to say about this later...
Scruggs Nation, Day 46: a new plea and confirmation of Langston's cooperation?
Posted on January 12, 2008SECOND UPDATE: I have bumped this update to the top to make sure everyone sees it. I heard from Patsy Brumfield at the Daily Journal that there was an error when the story below was posted online and it is in the process of being changed. Apparently the reference to Tony Farese, as a commenter predicted, was a mistake and he was not the one who said Joey Langston is cooperating with authorities...
Renfroe v. Rigsby update
Posted on January 12, 2008Though the Renfroe v. Rigsby case in Alabama has lost the spotlight to other legal developments, like a solid but B list actor on the red carpet at the Oscars when Tom Cruise steps out of his limo, it's worth mentioning that the case goes on and worth filling you in on some developments...
Hood takes new oath of office, no mention of Scruggs but vows to fight fake contact lenses
Posted on January 12, 2008I heard about this a couple days ago and just had to post on it. Newly elected or re-elected Mississippi state officials took their oaths of office on Thursday, and among these officials was AG Jim Hood.Although Hood was highly visible, outspoken and leading the charge against insurance companies post-Katrina, lately he has become what some refer to -- OK, what I refer to -- as the Prisoner of High Street (the location of his office)...
Article on Fifth Circuit Katrina litigation for Appleman Critical Issues/chapter in Appleman treatise
Posted on January 12, 2008I really should have said more about this earlier, but time slips away. As I've mentioned in passing before, I'm writing the sequel to my article last fall in Appleman Critical Issues on anti-concurrent cause language in Katrina litigation...
News regarding Steve Patterson?
Posted on January 11, 2008Lots of interest from readers in this story from the Daily Journal with hints as to what may be going on with Steve Patterson. Here's a copy of the documents the story mentions as being filed today -- Defendants' Reply to the government's response to the defendants' earlier motion to compel discovery, and the accompanying Exhibit A...
Scruggs Nation, Day 45: the reckoning
Posted on January 11, 2008This thing in Mississippi is starting to rock around and bounce like a pressure cooker with no safety valve and the burner underneath turned up to flamethrower level. Feels like it's about ready to blow up and spray strawberry preserves and shrapnel all over the kitchen...
Scruggs Nation, Day 44: the swap meet
Posted on January 10, 2008I haven't seen so many lawyers move around this fast since they evacuated my building last year because of a gas leak. Seems like everyone in the Scruggs case either wants someone else's lawyer or the lawyer wants someone else's client. Sounds like a writer's-strike Boston Legal script that didn't make the cut...
Judge questions whether it is proper for Scruggs to be represented by former counsel for co-defendant Patterson, denies motion for Farese to withdraw as counsel for Zach Scruggs
Posted on January 09, 2008In what has developed into a sort of game show called "Who's My Attorney?", Judge Biggers has denied permission for attorney Tony Farese to withdraw as counsel for Zach Scruggs -- he was going to withdraw and reportedly represent Joey Langston...
Zach Scruggs' attorney files motion to withdraw
Posted on January 09, 2008Zach Scruggs' attorney, Tony Farese, has filed a motion to withdraw as counsel in the Mississippi alleged bribery case. According to the motion, Zach Scruggs is going in a different direction with his legal representation and has terminated Farese's services...
Scruggs Nation, Day 43: the timeline
Posted on January 09, 2008Yesterday in the Scruggs criminal case in Mississippi, the government filed its response to a December 28 defense motion to compel the government to provide certain evidence in discovery. That defense motion can be seen by clicking here, and we will get back to talking about it shortly...
Langston and his firm withdraw from representing Scruggs
Posted on January 08, 2008It's been quite some time since Joey Langston has been active in the Scruggs bribery defense, but his firm was still involved, or at least had its name on the pleadings. No more. Here's a copy of the notice of withdrawal filed today for Langston and the Langston Law Firm...
Scruggs Nation, Day 42
Posted on January 08, 2008Work and other responsibilities left very little time for blogging today -- not that I don't have relevant documents and other stuff to pass along, but I don't have time to do a proper post on them -- so for now just a few things:-- Rumors and reports, some of them highly specific and credible, of impending criminal justice developments continue to gain force...
Scruggs Nation, Day 41
Posted on January 07, 2008Numerous readers have inquired what the Mississippi State Bar may be doing in relation to the Scruggs allegations. I inquired of Adam Kilgore, General Counsel of the Mississippi Bar, and he was good enough to respond on the record as follows:[B]ecause of the work we do in the Office of General Counsel (OGC), I am not at liberty to discuss specific cases until such time as the OGC takes action that is considered public...
Appearance on Paul Gallo radio show rescheduled
Posted on January 06, 2008Due to other events going on in Mississippi that are more timely -- I think it has something to do with the maneuvering for Speaker of the House, something way outside my area of knowledge -- my appearance on Supertalk with Paul Gallo has been rescheduled...
Judge Acker rules on motions to recuse himself from Renfroe v. Rigsby, says no
Posted on January 04, 2008Just caught wind of Judge Acker's decision tonight regarding motions filed by Dickie Scruggs and by the Rigsby sisters. They asked Acker to recuse himself from the Renfroe v. Rigsby civil case, in the Northern District of Alabama (along with all other judges in the district), on grounds of the perception of bias stemming from his referral of Scruggs to special prosecutors for alleged criminal contempt of court...
Appearance on the Paul Gallo Radio Show on Monday
Posted on January 04, 2008MS Smitty reminds me in the comments to the previous post today that I forgot to mention I'll be interviewed on the Paul Gallo Radio Show on the Supertalk MS Network at 8:05 a.m. Monday morning on the Scruggs mess. I'm looking forward to it. For those of you across the state of Mississippi, and anywhere else you might care to listen to the program live streaming on the web, I hope you're able to catch it...
Scruggs Nation, March 31: the Scruggs is gone, long live the Scruggs?
Posted on January 01, 1970'Esquire' magazineHoly Cow! What can the reasoning be behind this latest move by Dickie Scruggs, as reported by Anita Lee of the Sun Herald?Attorneys for Dickie Scruggs are asking the state Supreme Court to dismiss a Mississippi Bar complaint that calls for his disbarment as the result of his guilty plea on one charge of conspiring to bribe a north Mississippi judge...
Florida: insurance decisions keep getting stranger and stranger
Posted on December 31, 1969I'm not sure what to think about Florida's possible decision to strip cash from the underfunded state-run insurer, as reported in the Miami Herald, and give it to start-up insurers that might blow away the first time a hurricane comes by. Well, yes I am sure -- the governing classes have lost their minds...
Scruggs Nation, April 2: Live from Mississippi!
Posted on December 31, 1969A few preliminaries. A fun trip so far, a few glitches. My luggage didn't make the connection from Houston to Jackson, it finally caught up with me about midnight in Starkville. Everyone has been great, what a friendly place, wonderful people...
Scruggs Nation, April 3: on 'strike' against Scruggs
Posted on December 31, 1969The Mississippi State Bar, as I've mentioned, has responded to Dickie Scruggs' Motion to Stick Around with this Response, which in essence says Scruggs' guilty plea acknowledges in writing that he is, in fact, guilty of the crime to which he pleaded, and therefore this makes him unfit to be a lawyer in Mississippi...
Florida appeals court upholds regulators' retaliatory suspension of Allstate's ability to write new policies
Posted on December 31, 1969I'll comment more on this later, but wanted to get the decision up as soon as possible for you to review. Here it is.
Scruggs Nation, April 4: the beclownment grows
Posted on December 31, 1969Just a brief post again today, came back to Portland to a lot to do. Did you see this story by Anita Lee in the Sun Herald this morning? In a move calculated to give Jim Hood a run for the record for public self-beclownment, Zach Scruggs, like his father, is also fighting disbarment...
Judge Senter disqualifies Katrina(less) Litigation Group, ousts Rigsby sisters as witnesses in Southern District of Mississippi
Posted on December 31, 1969Citing ethical lapses including the payment of the Rigsby sisters as material witnesses, Judge L.T. Senter Jr. has disqualified the Katrina Litigation Group from remaining Katrina cases, and has also booted the sisters as witnesses from all cases in the Southern District of Mississippi...
April 4, Scruggs Nation Supplement: bar fight ends
Posted on December 31, 1969Weird stuff. Dickie Scruggs has now said, in this filing, that he doesn't oppose the bar's motion to suspend him indefinitely, although he apparently does still oppose the original motion to disbar him before sentencing.
Scruggs Nation, April 5: the fall of the Scruggs Katrina Empire
Posted on December 31, 1969Regarding yesterday's news of the disqualification from Katrina cases of the Katrina Litigation Group, the entity derived from the former Scruggs Katrina Group and containing three of the original five firms, what will happen now? It's hard to overstate how big a development in Katrina litigation this is...
October 2007 anti-concurrent cause article
Posted on December 31, 1969Anti-concurrent cause language is one of my favorite areas of insurance coverage, one I will talk about at any time and one I have put a lot of work into mastering. It might be the kind of thing that annoys others, like someone who insists on playing the Pan flute for everyone because he has spent so much time practicing, but there you have it...
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There are several issues here
1. Sub contractor started up a compe...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
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was(am) a single male that gained custody of my daughter when she was three. Thi...
My father died and left my mother $200,000 (life insurance) My Mother died 2 years later leaving my sister and I with both about $75,000 each. (including house/vehicles/belongings which I never got). We were supposed to
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