Posts Tagged ‘State Farm’

Liability roundup

  • Cohen Milstein contracts with attorney general on opioid claims: “New Hampshire’s fleet of private pirate lawyers” [editorial, Manchester Union-Leader] Transparency in Private Attorney Contracting (TiPAC) legislation would help [Tiger Joyce] New Louisiana AG Jeff Landry cancels Buddy Caldwell contracts with outside law firms [Louisiana Record] States with governor-appointed AGs have seen fewer scandals than the majority in which the post is elected [Phil Goldberg, RCP]
  • Judge declines to dismiss Newtown families’ suit against rifle maker Remington Arms, PLCAA notwithstanding [Connecticut Post] Sandy Hook gun lawsuit “almost surely won’t succeed, nor should it.” [USA Today editorial] More: David French [extremely narrow ruling went to jurisdiction only, PLCAA as bar to recovery explicitly not at issue]
  • Sen. Dick Durbin, long a guardian of trial lawyer interests, leads opposition to federal bill on transparency in asbestos claims [Illinois Business Daily]
  • Judge tosses one wrongful death suit against Porsche over Paul Walker crash, another still pending [EOnline, earlier] GM ignition bellwether trials going exceptionally badly for plaintiffs as judge dismisses all but one claim in spun-out-on-black-ice case [Daniel Fisher]
  • Litigation destroys business confidentiality and that’s by design [Steve McConnell, Drug and Device Law]
  • “Justice Scalia’s Product Liability Legacy” [Anand Agneshwar and Emily M. May (Arnold & Porter), Lexology]
  • After State Farm defeats hailstorm claim, judge threatens to sanction Texas attorney Steve Mostyn [Southeast Texas Record]

Politics roundup

  • NY Assembly Speaker Sheldon Silver hangs blame for a retrospectively unpopular position on the *other* Sheldon Silver. Credible? [NY Times via @jpodhoretz]
  • Julian Castro, slated as next HUD chief, did well from fee-splitting arrangement with top Texas tort lawyer [Byron York; earlier on Mikal Watts]
  • 10th Circuit: maybe Colorado allows too much plebiscitary democracy to qualify as a state with a “republican form of government” [Garrett Epps on a case one suspects will rest on a “this day and trip only” theory pertaining to tax limitations, as opposed to other referendum topics]
  • “Mostyn, other trial lawyers spending big on Crist’s campaign in Florida” [Chamber-backed Legal NewsLine; background on Crist and Litigation Lobby] “Texas trial lawyers open checkbooks for Braley’s Senate run” [Legal NewsLine; on Braley’s IRS intervention, Watchdog]
  • Contributions from plaintiff’s bar, especially Orange County’s Robinson Calcagnie, enable California AG Kamala Harris to crush rivals [Washington Examiner]
  • Trial lawyers suing State Farm for $7 billion aim subpoena at member of Illinois Supreme Court [Madison-St. Clair Record, more, yet more]
  • Plaintiff-friendly California voting rights bill could mulct municipalities [Steven Greenhut]
  • John Edwards: he’s baaaaack… [on the law side; Byron York]
  • Also, I’ve started a blog (representing just myself, no institutional affiliation) on Maryland local matters including policy and politics: Free State Notes.

Class action roundup

  • Whichever way high court rules in Hood v. AU Optronics, new Fifth Circuit decision will fuel parens patriae actions by AGs in state courts [Alison Frankel, earlier]
  • Justice Alito blasts federal district judge Harold Baer for insisting on race quotas for class action lawyers [Michael Greve/Liberty Law, Tom Goldstein/SCOTUSBlog]
  • “Unfortunately, even if SCOTUS does away with fraud on the market, plaintiff lawyers will still bring omission cases” [Bainbridge, earlier]
  • Ted Frank’s adventures, as documented at Point of Law [Pampers Dry Max (earlier), L’Oreal salon hair products, Korean Air, Wyeth]
  • Does it cost too much to provide class action defendants with due process? [Andrew Trask] Related on Mark Moller’s work [same] Should class actions be understood as creating trusts? [same]
  • Avery v. State Farm billion-dollar aftermarket-parts class action seeks RICO resuscitation, in Monty Python echo [Chamber-backed Madison County Record]
  • If you didn’t know distinguished proceduralist Arthur Miller as a Milbergian, you might detect it from his writing [Trask]

April 17 roundup

  • “The Consortium has hired Arnold & Porter, and they can threaten whomever they want, the facts be damned.” [Popehat]
  • Former Social Security administrators: NPR’s just imagining things, pay no attention to that report on the growth of the disability program [NADR.org, earlier] Ronald Reagan got rolled on the SSDI disability program, and we’re all paying the price [Avik Roy]
  • Katrina qui tam: “Jury returns verdict for the Rigsby sisters against State Farm” [Freeland, earlier]
  • Probate dispute had become cause celebre in Connecticut: “Judge Rules In Favor Of Caretaker In Smoron Farm Case” [Hartford Courant]
  • Judge’s text message complains of “‘docket from hell,’ filled with tatted-up… gap tooth skank hoes” [Above the Law]
  • “FTC Clarifies Obligations of Product Reviewers, But Does Not Ease Concerns” [DMLP]
  • “Trump Dismisses ‘Spawn of Orangutan’ Lawsuit” [Lowering the Bar, earlier]
  • If you’re one of those who occasionally send me links from the Alex Jones site InfoWars, now you know why I never use ’em [Dave Weigel]

Get that anti-Scruggs blogger! Get him!

During the long series of scandals that brought down former tort potentate Richard (“Dickie”) Scruggs, of tobacco-asbestos-Katrina-mass tort fame, no blogger achieved the status of “must” reading more consistently than David Rossmiller of Insurance Coverage Blog. Now Alan Lange of Mississippi site YallPolitics (and co-author of Kings of Tort, a book on the scandal) has posted a massive document dump of emails between the Scruggs camp and its public relations agency, as made public in later litigation (see also). It shows the principals:

* boasting of their success in manipulating major media outlets to inflict bad publicity on the targets of Scruggs’s suits;

* plotting ways of striking back against critics — in particular, Rossmiller — with tactics including going after him with legal process, as well as creating fake commenters and whole blogs to sow doubt about his reporting;

* wondering who they might pay to secure “Whistleblower of the Year” awards, or something similar, for their clients;

* apparently oblivious, just days before the fact, as to how the ceiling was going to cave in on them because of Judge Henry Lackey’s willingness to go to law enforcement to report a bribe attempt from the Scruggs camp.

The whole set of documents, along with Rossmiller’s summary and reaction, really must be seen to be believed. It will easily provide hours of eye-opening reading, both for those who followed the Scruggs affair in particular, and for everyone interested in how ambitious lawyers manipulate press coverage to their advantage — and how they can seek to use the law against their blogger critics. (& welcome readers from Forbes.com and Victoria Pynchon’s “On the Docket” column there).

“A so-called ‘law enforcement official'”

“Wow. 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.” Maybe stealing documents isn’t such a good strategy after all? And that’s aside from what the judge said about Mississippi Attorney General Jim Hood — which starts with the epithet quoted in the post title, and just gets more stinging from there. (David Rossmiller, Jun. 5; Anita Lee, “Judge fines Scruggs, Rigsby sisters”, Biloxi Sun-Herald, Jun. 6; order, opinion PDF). More: U.S. Chamber-backed Legal NewsLine (Hood’s response).

New York court: proof of insurance fraud doesn’t entitle insurance companies to summary judgment

If you wonder why insurance fraud and insurance expense are so high in New York state it’s because of opinions like AA Acupuncture Service v. State Farm Mutual Insurance Company. (The fact that the plaintiff is a quack-upuncturist immediately suggests problems, no?) Civil Court Judge Arlene P. Bluth agreed that there was “uncontradicted, overwhelming circumstantial evidence” that an accident had been faked. But State Farm was still not entitled to summary judgment on the litigation of bad-faith claims by three medical providers who insisted that State Farm was liable as the insurer of the woman who claimed to have been injured in the accident. (Plaintiffs deny fraud, though apparently wasn’t able to rebut the evidence of fraud at the motion stage.)

Read On…

Scruggs scandal update: sweet potatoes by the acre

Some developments of the past ten days or so:

* In major blow to defense, Judge Biggers denies motions to suppress wiretap evidence and evidence of similar bad acts [Rossmiller]

* Balducci says he and Patterson got $500K from Scruggs to influence AG Hood to drop indictment of State Farm, motive being to advance civil settlement [Folo]

* WSJ gets into the act with some highlights of wiretap transcripts [edit page; earlier here]

* Sen. Trent Lott says he’s a witness, not a target, of federal investigation [Anita Lee, Biloxi Sun-Herald]

* Scruggs off the hook on Alabama criminal contempt charge [WSJ law blog, Rossmiller, Folo]

* “Mr. Blake has served for many years as a conduit and a layer of separation, if you will, between Mr. Scruggs and other people on sensitive issues.” (Balducci transcript highlights, Folo; more)

* In effort to get Zack Scruggs indictment dismissed, his lawyers dwell on switch from “y’all” to “you” as implying shift in persons addressed from plural to singular [Folo first, second; Rossmiller first, second; on a “sweet potatoes” point, NMC @ Folo and sequel; also]

* DeLaughter/Peters branch of scandal reaches deep into Jackson legal community [Adam Lynch, Jackson Free Press]

* Article in new American Lawyer notes that Scruggs’s ambitious suits have lately hit a big losing streak, notably those against HMOs, nonprofit hospitals and Lehman Brothers [Susan Beck]. And Lotus catches an interestingly lawyerly wording on John Keker’s part [Folo]

* I’m quoted and this site is discussed in an article on blog coverage of the case; my lack of clarity as an interviewee probably accounts for Scruggs being said to have addressed audiences at the Manhattan Institute “a few” times, when if memory serves the correct reference is “twice”. [Patsy Brumfield, Northeast Mississippi Daily Journal (Tupelo) @ Folo]

* For more background see our Scandals page; also YallPolitics.

“Scruggs’s deposition is to begin immediately and shall continue until its natural conclusion”

David Rossmiller—indispensable for matters Scruggsian—has the details of a Judge Michael Mills’s displeasure with Dickie Scruggs’s refusal to submit to a deposition in State Farm’s lawsuit against state attorney general Jim Hood. Scruggs will likely plead the Fifth Amendment for his interactions with the attorney general—which does not reflect well on that attorney general.

Scruggs scandal developments, February 5

* Pertinacious Scruggs effort to evade deposition by State Farm attorneys results in “testosterone fiesta” of swaggering counsel (Folo; sequel; YallPolitics; Rossmiller); (P.S. Yes, Ted and I independently noticed and posted on this just minutes apart.)

* Remember when Mississippi Attorney General Jim Hood declared his political patron Scruggs a “confidential informant”, thus throwing a most useful cloak of protection over him in his battle against contempt charges? It happens that Scruggs was at almost exactly the same moment donating large sums to the Democratic Attorneys General Association which seem to have passed through like a dose of salts to emerge at the other end as donations to Hood (YallPolitics; earlier on DAGA)

* Attorney Ed Peters, tagged with a pivotal role in Langston-DeLaughter branch of scandal, was formerly high-profile local D.A.; his prosecutorial vendetta against an attorney named J. Keith Shelton comes in for scrutiny in a new series by Folo proprietor Lotus [#5 in series; posts tagged Peters; see also YallPolitics]

* Folo co-blogger NMC, looking into Luckey and Wilson fee disputes (earlier here, here, here), is rattled by the prevalence of hearings-without-notice, ex parte judicial contacts, and other Gothic proceduralisms [Folo];

* Implications or non-implications for civil proceedings of Scruggs’s taking the Fifth [White Collar Crime Prof Blog]

* Adam Cohen of the NYT and Scott Horton of Harper’s claim defendants in precursor Minor-Teel-Whitfield scandal were railroaded on vague charges over not-really-illegal stuff; read pp. 6-9 of the indictment and see whether you agree (YallPolitics);

* For Mississippi, it’s already the most far-reaching corruption scandal in a century, aside from the question of how much bigger it might get [Jackson Clarion-Ledger]

Earlier Scruggs coverage on our scandals page.