Insurance Coverage Blog

The 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.  Then State Farm -- with new evidence gained in depositions including further depositions of the "whistleblower" Rigsby sisters, they of the sham consulting agreements featuring no-show or low-show $150,000 jobs from Scruggs, they of the 15 minutes of fame and 30 years of infamy -- successfully moved to disqualify the Scruggs(less) Katrina Group, later known as the Katrina(less) Litigation Group.   Then, of course, we all had a great time when the Trailer Lawyers hit the stage of the Katrina Follies, but regrettably they too were disqualified from the False Claims Act case Ex rel. Rigsby.

(As an aside, I sorely miss the Trailer Lawyers -- Trailer "Snake Farm" Chip and Trailer Tony, Trailer Todd and Trailer Mary -- and I especially miss writing the Trailer Lawyer songs. I'm working on one last song, tentatively entitled Since You Went Away the Trailer's So Quiet I Can Hear My Teardrops Falling.  Well, maybe it's not really the last one, I've got another I'm working on called Don't Park Your Trailer in the Middle of a Snake Farm.  I also have a third song, sung to the tune of that State Farm jingle "like a good neighbor, State Farm is there" -- it starts out "You can hide in your trailer, but Snake Farm is there"). 

Then there were various disqualifications of other firms that tried to step in to represent policyholder former clients of the KLG, but these firms were struck down in the wings before they even hit the floodlights.  Now, the latest broadside is a motion by E.A. Renfroe, the contract claims adjusting firms the Rigsbys were working for when the illicitly took State Farm claims files and gave them to Scruggs.  This particular motion is in the Shows case, which is the RICO folderol  Scruggs filed about this time last year.  I haven't checked other cases, so it might be filed in them too.  The motion asks Judge Senter to consider whether new counsel Provost-Umphrey, a Texas firm recommended by tobacco lawyer Don Barrett, of the late Katrina Litigation Group, to former clients, has ever been "associated" with the KLG in Katrina litigation.  If so, the legal memorandum argues, Provost-Umphrey would have to go (I included the exhibits to the memorandum as part of the link).

The motion is really only a motion to consider whether they are associated counsel -- it admits the facts aren't yet known, but says two other firms that were disqualified were booted only because they self-reported on Katrina litigation links to the KLG.  The Renfroe motion encourages the Provost firm to do the same, points to the firm's own publicity about representing policyholders in Katrina and Rita litigation, and wonders whether that representation included working with the cast of the Katrina Follies.

Paragraph 16 of the memorandum is the key one to read.  Up until that point in the memo, I would have said there is nothing there.  That paragraph, however, makes me want to know more.  It certainly puts pressure on the Provost firm to disclose anything that might resemble the type of association that is covered by Judge Senter's disqualification order. 

State Farm has filed their motions as well except theirs goes a little farther than Renfroe: MOTION TO
COMPEL COMPLIANCE WITH ORDER OF DISQUALIFICATION AND OBJECTION
TO THE NOTICES OF APPEARANCE OF PROVOST UMPHREY LAW FIRM, L.L.P.

The State Farm motion is trouble for Provost.

Barrett got too cute and it will cost them.

Toast. Provost-Umphrey is toast for the simple reason that Don Barrett is radioactive. I'm sure they're thinking, "Mama said something about he consequences of laying down with dogs, what was that?"

DR's song titles- and the Snake Farm ditty- are classic. LOL!

Maybe Barrett will send Senter one of his Sheila Birnbaum love letters. You know, "Judge, your the best ever" or "Love you judge and your trumpet playing is divine."

Any redneck knows if you mess with a Snake long enough, your gonna get bit.

The original sin was the payment by Scruggs to the Sisters. Barnett didn't object. After Senter's harsh ruling, Barnett recommends another firm, and b/c of the recommendation the other firm is DQ'd? In my view this is tenuous. If Barnett was unethical to recommend P-U, then he should be brought before the Ethics Board, and thus all attorneys in Mississippi will learn it is an ethical breach to recommend another firm in these circumstances. On the other hand, the Texas firm is contending it would be an ethics violation not to assist the policyholder, who was facing a deadline of extreme prejudice.

Mr. Rossmiller may not recall this, but when Mr. Barrett wrote his letter to Judge Senter, I felt entitled to pitch a deliverance of merit in a blog post that happens to be lost. My point, in a narrow perspective, was to single out the tirad of original lawsuits, the first of which was the Mississippi/Moore Medicaid Lawsuit. From Mississippi ex rel, Laughton Chiles followed quickly on the heels of Moore with the Florida lawyers, followed quickly by the Umphrey's Texas lawyers, holding onto the suspenders on the back of Mississippi's lawyers. Neither Florida nor Texas had any information. Neither had information. However, by and large, abundant heeps of information and discovery fell from heaven like legends of bread falling in the desert. The mastermind of act of God was Don Barrett. Texas piggy-backed, and Umphreys got more money than any other State, and, not to be forgotten, it was shared with Scruggs/Moore. And Barret

Mr. Umphreys' firm was chosen by AG Morales of Texas, a deal with Mississippi was struck, and Texas became a quick study on tobacco litigation.

While Judge Senter ponders the fate of the Umphreys law firm, it should be aware that the link to Scruggs/Moore (and also Don Barrett) is hard to miss.

Certainly, it would be prudent to imagine how much Umphreys is indebted to Mr. Barrett, as the torch is passed, but there is always more to the story, and I hope I will be allowed to enter into this post again, for the links to Texas' Umphreys and Mississippi's Moore boys in the Medicaid Lawsuit law fees is more than mere outstanding. It's outrageous.

Now, I wonder. If Barrett shared then, what's the chance he will be on a short list to share in some odd sort of way later with Umphreys?

If you hadn't lost the post in the bulk folder a few months ago, that question was answered very well. It's almost Biblical: and More begat Chiles and More and Chiles begat Morales who begat Umphreys...and when Texas boys "settled", Umprhreys begat the Mississippi boys who kicked it back to Scruggs, Moore, Barrett and the rest of the "vangard". There's more. Morales had to tango to get free of his charges about his pickin's, but Umphreys elephantine memory isn't forgetting Scruggs and Barrett's "gift". Scruggs had one fine day early on in 97. It was 870 milliion. Of that, Texas contributed a great deal of it's winnings, and that was kicked into the Mississippi pockets. Does Umphreys repay his beholdin's? Of course he does. He was so beholdin' to Baylor, he gave Baylor Law a 22 million dollar building. What a guy! What a choice - lung cancer victims or lawyers!

You would think that the Provost Umphrey Law Firm, would have the good sense to know, that a recommendation from Don Barret was close to eating forbidden fruit from a poisoned tree. Also, no one has questioned yet, how much Barrett is expected to profit financially from his recommendations to his former clients.

Maybe they will confirm or deny a continuing financial interest on Barrett's part (direct or indirect) in the cases currently assigned to Provost Umphrey in their response to these motions. Don't they have to say that Barrett and Dickie and Nutt and each member of the gang no longer has any financial interest in these cases?

Oh Brother Whereforewere Thou Umphreys?

If I didn't know better, I think I'd have to make the assumption that there is a memory bank in the Judicial System that is clocked in for about 5 years, then it goes blank, is shrink-wrapped, and put in old Indian mounds. Wanna find a good pre-Columbian dig - go to Mississippi and Texas. They're still hiding stuff from the Calpulli's in mounds. Apparently. Or something's smelly. It took Mississippi 40 odd years to find the evidence room for the - hum, "delaughter?" Medgar Evers assisination. So what's a decade of lack of knowledge?

I don't know how many blog-readers were out of diapers in the Spring of 1994, but that is the actual point of attack for the fronts of the multifarious roles of the Scruggs[iaana?] history and histrionics.

That IS where one hikes back to in order to pick up the scent of the trail that leads to all of this -this the mighty lawyering of the masters of the largest Mass Tort in American Law.

But the leader of the pack - and I don't mean the Scoutmaster - wasn't Scruggs, but the Attorney Generals. And Moore was first, Chiles second, and Morales third. Then the rest joined. Morales was Texas. And Texas was - you got it - Umphreys!

However it might seem remote that any of the leadership "pack" didn't have a sizeable "wolfpack", the kind of pack that had money and power. Each of the three "belly-up first" States got a Wolf. Guess who Texas' got? Umphreys!

Three States had that. Three States actually tilted the results of the lawyer fees for the Medicaid Settlement. Mississippi first, but when the ball rolled, it rolled fast, and when Don Barrett, as Mr.Butts, sent off the nitro and blasting caps and dynamite, Mr. Umphreys was there to blast away.

Now Umphreys, who is so born again he's about peach-color, is given an early Christmas present from his old benefactor - born yet again from Mr. Butts who's yellow and stained from you know what. Or do you? Ok. Tobacco.

Judge Senter, if you need the congested traffic cleared, you have to take a look at when and where Umphreys and Morales were counting up their train loot, and where the evidence for getting on the train came from. No, didn't fall from the sky. It was Federal Expressed.

Moore, as the offial carrier pigeon winked at Scruggs who earwigged Trent, South Carolina, and the negotiators, and - we got Morton's Salt. When it rains it pours. Up goes Barrett as the bag man for the document-driven Medicaid Lawsuit Settlement. Well, if you like, we could say it was just a coincidence. But Stan Glantz was out in California, looking for cash, looking for donors, and along comes Texas. Just for starters. Umphreys bellied up.

The insurance industry is no friend of mine, but I think that plain dealing is a better way to examine just how much the James Gang runs off with shy of a decade, and how the arrogance flows in recalcatrant abyses.

The archeological digs are dust on the surface. No carbon dating needed. The Umphreys link-up with Barrett is as sure fire as cane makes sugar.

So what's the mission? Is that Umphreys hook so "respectable" that it can jump in with billions of tobacco money fees, earned from the Barrett connection, and ride the same train into Blue Mountain once more.

I guess it doesn't matter. We still don't know what made the Mayans disappear.

And Maya do make a prophetic note that it all ends in 2012. Maybe Umpreys will have his cake, eat it, toss some away, and do the right thing. Judge Senter, ask Umphreys to help pro bono. It's the right thing to do.

Sam, you are assuming that State Farm will have to pay a large settlement for wrongdoing? I'm sure Barrett has the typical lien on the file, as provided for in Mississippi. I note that in every case still ongoing, D.S. makes an appearance, which I take to protect his fee. I'm sure David has seen this many times.

I sure would like to know what is in those purloined State Farm documents!!

I so wonder what is in those State Farm documents that the Rigsby's downloaded. Maybe State Farm should be allowed to pick counsel for the Katrina victims.

I would love to see what are in those documents to make sure if they aren't cherry picked and are actually complete, that is not taken out of context, to make State farm look bad when the reality MAY be State Farm did nothing PROCEDUALLY wrong.

You can bet if they contained any real evidence Mr. Scruggs et al would have already leaked / exploited them. He certainly wasn't planning to use the juicy stuff as a smoking gun at a trial.

The fact of the matter is he manipulated State Farm and the industry just like he did Asbestos and Tobacco. His "highly" placed source in Illinois will also be shown as a bluff, I would wager.

The reason I think there might be something in the documents is that portions of the Rigsby depositions were not printed. Must be incriminating to SF.
Received my New Yorker today - there is an excellent article on Scruggs. Takes the reader from his early years until present. Tells that Merrell Williams in the beginning of tobacco litigation, removed documents from Brown and Williamson and turned them over to Scruggs. Williams lost his job. Scruggs moved him to coast, bought house and boat etc. Second Whistleblower was Wigand. Guess the Rigbys were the Williams and Wigand of Katrina litigation. An interesting read!!

That would be the same Merrell Williams this is posting above as M.Williams.

If Merrell Williams and M.Williams are the same, why is he so hostile to Scruggs et al? Sounds like Scruggs took care of Merrell Williams.

To SMITH and BELLE: Well, first and foremost, you might never know the real truth. However, I grew up in Louisiana and Mississippi. My entire family lived and died in Mississippi, including two grandparents from Ocean Springs, MS.

It's not unusual to find stories in places like the New Yorker that really just repeat what they find in papers and books, but a good thought to keep in mind, and one that I often think about, is how easy it is for my own life to have been proudly part of where I returned to, what I left, and where I came "home".

While I was reading Mr. Rossmiller's fine post today, I happened to think about how lives are scattered over many decades of memories, and what is remembered, however true, is always a special part of individual history. I appreciate his remembrance for his father almost as much as the books of James Bradley's definition of his father's history and how he remembered it.

For sure, Mr.Smith, I doubt you will ever have the need to go back into your own life and find the snarls that come to mind in the circles of those old enough to remember about 20 years of "tobacco history," and what I try to do is help to understand a bit of what actually did happen in a sort of "believe it or not" frame of mind.

About Dickie Scruggs, I wrote an intense narrative, and, in many ways, as a Southern, as a man, I actually like him. That may seem odd, but you really don't know why it's odd until you know the "truth", and it's not in the New Yorker. It wasn't in the Washington Post, the St. Pete Times, the New York Times, etc., etc. But, this isn't about a mystery in terms of a person, is it?

If you follow me, you'll see above that I direct your attention to names and events associated with what's going on now. I'd like you to know a very simple fact, and that's all. What is happening now, right now, has already been done, and would have been so had circumstances in the "insurance issue" been otherwise. That's all.

I just simply like clarity. You can start with simplicity, and what is said in the past, but, as Mr.Rossmiller so rightfully notes in his blog (very nicely written and very much appreciated), there is an impliedly awful fact in pieces of memory, both wonderful and understated. He knows, as I do, we weren't there. It's just as simple as that, and so we make of what is found in the pieces of our memories.

Perhaps reading Rossmiller's blog today is better than going here today.

JSMITH: like most lawyers, you'll never need a sizemagraph to get more earthenly in that quake. It's a spicey tribute to "golly gee" and a basket of fries at Rally's.

Random thought: if you have a friend with a mushroom farm, try the psilocybin pick-up's.

Golly gee, I don't know if Andy Hardy is really dead. He was suppose to come back, but he never did. Schooms!

I do not have cluster headaches so I don't believe I'll be eating any of those psilocybin mushrooms.

I know. Fair winds.