The Day the Music Died: Trailer Lawyers disqualified from False Claims Act case
It 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."
This is sad because the Trailer Lawyers have been a source of much enjoyable fodder for this and other blogs, and now, I fear, we will have to do without pleasant diversions such as making up Trailer Lawyer songs, like the following (sung to the tune of Don McLean's American Pie):
Bye bye Trailer Lawyer pie,
Drove my trailer to the courthouse but the judge said bye bye
Them Snake Farm boys was laughing while we cried
Singing this will be the day your case dies,
This will be the day your case dies.
Now for five months, we've been on our own
Since Scruggs got knocked off his lawyer throne.
But that's not how it used to be.
When the Rigsbys sang for ABC,
With some quotes they borrowed from Dickie,
And some files that came from piracy.
And as we reached the motion stage,
My hands were clenched in fists of rage,
No story we could tell,
Could break that Snake Farm spell.
And as our briefs climbed higher in the fight,
We just couldn't seem to get it right,
I saw bloggers laughing with delight,
The day the Qui Tam died.
And they were singing,
Bye bye Trailer Lawyer pie,
Drove my trailer to the courthouse but the judge said bye bye
Them Snake Farm boys was laughing while we cried
Singing this will be the day your case dies,
This will be the day your case dies.
My oh my, is this end of the Trailer Lawyers? No more Trailer Lawyer songs! Truly, the Day the Music Died.
Almost forgot, here's Judge Senter's opinion.
Another Scruggs ripple: Judge Senter disqualifies two Missouri lawyers (widely nicknamed the "Trailer Lawyers") from representing Rigsby sisters against State Farm in Katrina qui tam action [Sun-Herald via YallPolitics, more, Rossmiller with link to op...
Now I don't care who you are, that's funny!!
Smashing! Bravo! Encore!
Aw, poor Chip 'n Todd. Now what are they s'posed to do? Maybe that lawyer who tried to keep them in the game wasn't just blowing smoke when he said they'll appeal. I hope so, because I just can't imagine never getting to read another brief or public commentary by the Trailer Lawyers calling State Farm "Snake Farm" and hearing all about how State Farm makes "scurrilous and unsubstantiated accusations." How can it be that Chip 'n Todd are disqualified, when, as Chip recently pointed out for all of us, State Farm was "just plain wrong about [its allegations in the motion to disqualify], and the way they operate, it’s not surprising." How can State Farm possibly be winning all its motions, when, according to Todd, such motions are simply "the desperate actions of a desperate company"? I guess all we can do is await the follow-up news report, in which the unfortunate Trailer Lawyers, doleful and defeated, end with a comment from their senior member, directed at State Farm: "You won't have Chip Robertson to kick around anymore..."
That may be funny but the case isn't over. And he absolved the Rigsbys of wrong doing! Ha Ha.
BS, no he didn't. Senter stated that the ethical rules and their ability as non-lawyers to determine whether only the payments were improper does not fall on them. That's far from absolving "the Rigsbys of wrong doing."
I hereby nominate Bellesouth to substitute in as counsel for the Relators (as the Rigsbys are officially known), now that they've been orphaned. I know you're not a lawyer, Bellesouth (or at least I seem to recall your heated denial of the vile suggestion that you might be one), but what the heck. That's just a procedural nicety. Those sorts of things don't seem to mean a whole lot to the advocates for the Relators. Plus, there isn't a representative on earth who would more zealously rail against the evils of State Farm -- irrespective of whether the evils actually exist. So, how about it? Go, Bellesouth Brokovich!
Uh, stating someone "purloined" documents and had a "sham" consulting agreement ain't exactly absolution. Senter merely stated the sisters were not attorneys and were unaware Dickie and his band of Trailer Lawyers were breaking the law. I fully expect the sisters will attempt to enlist Rossmiller as their counsel...he obviously knows more about their case/the law than the Trailer Lawyers.
Belle,
I wouldnt go so far as saying absolved from wrongdoing. He merely states that they were not expected to know the canon of ethics of attorneys. "The Rigsby sisters are not attorneys, and they are not bound by the rules of professional conduct that apply to Scruggs, the other members of the SKG, or the current attorneys...." I'm not bound by the medical code of ethics because I'm not a doctor but if I decide to do an open heart surgery in my basement I dont think anyone would say I could be "absolved" from wrongdoing do you?
change your name to SouthernBull
I would imagine Chip & Todd are happy trailer campers. They should thank Judge Senter for giving them an out. I don't expect them to appeal his decision. After all, why would they?
"enlist Rossmiller as their counsel...he obviously knows more about their case/the law than the Trailer Lawyers"
That would make my day because as an ethical lawyer he'd have to represent them in the best way possible and he wouldn't like it.
They can't appeal this decision. The US Supreme Court has unequivocally said disqualification orders aren't appealable.
There won't be any further amusement from the KC folk; their moment on the stage is over.
Wow.
What a smackdown.
Anyone who thinks the Rigsbys are going to be permitted to testify is simply not paying attention.
BRAVO, DAVID!
Oh, theyr'e gonna testify alright...but it will be in Renfroe v Rigsby, not this qui tam debacle.
C'mon, David. Can't you take the melody of "Three Coins in the Fountain" and do "Four Thieves in the Trailer"?
NMC, thanks for "cutting to the chase" re: an appeal. I seem to recall after the court dumped the KLG that several of the unrepresented plaintiffs were contacted by State Farm and settlements were negotiated. Do you think the Rigsbys have gotten one of those calls? Remember there are still some pretty strong counter-claims pending in this action..... it would appear their true m$o$t$i$v$a$t$i$o$n for filing the qui tam has come out now and they too might be realizing their position is rapidly becoming very tenuous. The most honorable alligator (ha!) is slithering for the tall weeds while the trailer lawyers are unpowdering their wigs and removing their rouge since they didn't get called for a live performance. What say you, bull?
Okay, David, I'll get you started:
Four thieves in a trailer,
Each one longing for a mil,
Accomplices to the Sisters,
Which ones hang with Dickie still?
Four thieves in a trailer,
Trent makes sure he ain't inside,
One helps Kerri with the flash drive
Aint' this a way-cool double-wide?
And since "Three Coins in the Fountain" appears to be a decade or two beyond your childhood, David (you need to go on the Web and listen to the Four Aces or Frank Sinatra version to appreciate the need for one more four-verse stanza, followed by an emphatic and identical three-syllable, three-verse finale), I'll finish it for you:
Four thieves in a trailer
Ma Lobrano's looking on
Will Dickie still stand beside us
When our licenses are gone?
Dickie, help!
Dickie, help!
Dickie, help!
That was awesome David! My stomach hurts from laughing so hard.
I've decided that "Gulf Coast Blues" with almost no tinkering answers the musical needs here. For more details, check:
http://www.folo.us/2008/05/20/youve-got-a-mouth-full-of-gimme-a-hand-full-of-much-obliged/
I thought this might be good, even if it is not yet completed. I call this "Dickie", sung to Toni Basil's song "Mickey"
Oh Dickie, you’ll be fined you’ll be fined you will do time,
Hey Dickie, hey Dickie
Oh Dickie, you’ll be fined you’ll be fined you will do time,
Hey Dickie, hey Dickie
Oh Dickie, you’ll be fined you’ll be fined you will do time,
Hey Dickie, hey Dickie
Oh Dickie, you’ll be fined you’ll be fined you will do time,
Hey Dickie, hey Dickie
Hey Dickie!
You were bribing all night and that was very wrong
You thought you had the right but the Judge said you were wrong
Why didn’t you do right so I could have a home, Dickie
Oh Dickie, what a pity you don’t understand
You had ripped out my heart when I needed helping hand
Oh Dickie, you’re so petty, can’t you understand
It’s guys like you Dickie
Oh, what you did Dickie, did Dickie
You broke my heart, Dickie
Mr. Rossmiller, with all due respect you are wasting your talents out in Portland. You need to get on up to Broadway.