Trailer Lawyer News, April 29:
The 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. In the Robertson brief, here's the description of a Trailer Summit:
The meeting was held in a temporary housing unit due to the damage caused to so many structures by Katrina.
Temporary housing unit? How about "prefabricated improvisational dwelling"? What of "non-self-propelled mobile abode"? "Non-permanent omni-directional quarters"? The new brief goes to extreme and silly lengths to avoid calling things by their right names. How devastating can a response be when it's afraid of the word "trailer"?
Look at this statement in the Robertson brief:
These are the facts: After the Rigsby’s completed the document protection exercise, they immediately informed State Farm that they had accessed the State Farm database and downloaded documents. They did not try to keep their actions secret. What is also true is that while the Rigsbys had access to the databases, they never improperly accessed or exceeded their access to these systems. Their counsel never used their computers or accessed their data base.
Let's take a look at this stuff.
"Immediately informed State Farm." it says. "Immediately" in this context does not refer to, as you might expect, immediately, but instead means "some months after they admittedly had begun engaging in covert spying on behalf of Dickie Scruggs." As the November 20, 2007 deposition of Kerri Rigsby shows (page 140), the sisters fessed up only after they were ready to quit, after they realized that State Farm had just about figured out they were covertly funneling documents to Scruggs, and they did this only after they did a final frenzied "data dump" over the weekend, inviting some friends over to help them copy thousands of pages of claims files.
"Document protection exercise." The Rigsbys agreed in testimony that they illicitly took the documents. Is it any use to try to come up with some Newspeak label? Question: when someone doesn't dare call a trailer what it is, why should anyone buy this characterization of the Rigsbys' secret taking of documents?
"They did not try to keep their actions secret." Except up until the time they were going to be caught and then they took thousands of more pages secretly, staged a walk-out, and went over to Scruggs to be paid $150,000 a year.
"[T]hey never improperly accessed or exceeded their access to these systems." Notice the word "access." If you give me a key to your house to feed your fish while you're on vacation and I go in and take your TV, did I exceed my access? Technically, no.
Let's apply this style to a familiar story, that of the Three Little Pigs, told by the wolf:
I politely asked to be allowed entry, as I conveyed information that extreme wind conditions were expected momentarily. Sudden violent gusts destroyed two semi-permanent structures. I paused briefly only to take nourishment to sustain me as I hurried to warn the occupant of a nearby permanent clay-based dwelling unit. Regrettably, my warning was ignored, and as I tried to access via a vertical entrance to contact said occupant, I was attacked with heated liquids.
Apparently, though, we finally know who Trailer Todd is: Graves admits to being in the trailer, although the Trailer Lawyer filing denies they met with the Rigsbys in the temporary housing unit in March 2007. The Trailer Lawyers say it was April. This looks like it contradicts the testimony of their own clients, although it is possible both Rigsby sisters were messed up on dates, basic facts, when stuff happened, what they did, what other people did, etc. You know, the whole story. Odd that they were both were wrong the same way, though, isn't it?
Here's a few more things filed by the other Trailer Lawyers: Trailer Chip, Trailer Tony and Trailer Mary.
All of this seems to say they didn't "instruct or encourage" the Rigsbys to do what they did. Why, according to the Trailer Lawyers, they know nothing at all! (Lack of awareness -- not exactly the trait one looks for in a lawyer). They just happened to be passing through and sought shelter in the trailer, er mobile home, I mean, semi-stationary vehicular habitat, I mean, temporary housing unit -- well, you know what I mean -- because it was time for Days of Our Lives and they hoped to find a TV, a bag of Doritos and a six-pack of Schlitz for refreshment!
Graves calls the Scruggsmobile the "Pascagoula trailer" -- which I free-associated with serial killer nicknames, a la the Boston Strangler. Why no mention of Disney World? Where's Goofy's affidavit?
"Document protection exercise" is hilarious. Reminds me of various shredding orgies triggered by corporate "document retention policies." Personally, I would've deployed another phrase: The Evidence Safeguarding Project (ESP).
Excellent post, especially the line-by-line analysis and the trenchant 3 little pigs translation into Desperanto.
Geez, what ridiculous pieces of briefing!! Weren't they in the "temporary housing units" representing the Rigsbys at that time -- and they're still claiming they had *nothing* to do with the data dump. I doubt very seriously any judge would credit these disingenuous and self-serving statements.
The name Scruggs is conspicuously absent from the Graves declaration. Dickie is He Who Shall Not Be Named.
Well reasoned analysis -- If, as the declaration says, the trailer lawyers refused to pay the Rigsbys because they knew it was wrong why did they fail to report the action to the state bar?
The problem with catastrophes is that there is so much insurance money flowing into the state it is difficult to avoid the temptation to which Mr. Scruggs succumbed.
One of the purposes of having State Farm employees and their agents (the Rigsbys) sign confidentiality agreements is not to assure that State Farm's claims practices are shielded from scrutiny, but to protect the confidential information and documentation provided by the policyholders to State Farm.
As a policyholder, I have an expectation that certain information like, let's say documentation supporting the current value of my Donny Osmond record collection, would not be disseminated without my consent to "Trailer Lawyers". I certainly hope that if I ever have to submit a claim, my claim documentation does not undergo a "Document Protection Exercise" and are viewed for the financial gain, or even the amusement of anyone not retained by me to represent me.
As I read this, I can't help thinking this would be a good time for Ray Stevens to show up with his squirrel in a box.
High-larious!
Two semi-poetic snippets from the Graves motion:
As for the trailer, it was located on a site where a home once stood, in an
area where Relators were adjusting claims and positioned so counsel could view the devastation
of Hurricane Katrina.
While State Farm may desire to paint GBM with the same broad brush that it used to obtain disqualification of the SKG/KLG firms, the bristles are now too frayed and the paint is now too thin.
==Why no mention of Disney World? Where's Goofy's affidavit?==
Really, what gives? No Mickey?
== If, as the declaration says, the trailer lawyers refused to pay the Rigsbys because they knew it was wrong why did they fail to report the action to the state bar?===
Excellent point, especially given that Graves was a government attorney.
and ditto to ALTON.
If I were Judge Senter, I would schedule an evidentiary hearing at which each of the trailer lawyers would be required to to attend and answer questions by his or her own counsel, opposing counsel, and the Court. Then, I'd decide the motion.
The Trailer lawyers all say they did not approve the payments made to Relators, and that they had nothing to do with SKG or KLG. However, who was paying the Trailer lawyers? If I recall, both Rigsbys' stated they had not paid any legal bills for either the Renfroe or Whistleblower cases. Follow the money...Scruggs was SKG, he is an admitted felon, he was paying the Trailer lawyers. They should be disqualified on that basis. As usual, great post.
I thought I had seen it all and keep expecting this veritable treasure trove of Scruggs/Rigsby/Hood/Graves drama to dry up any day now. But, today's article in the Sun Herald and Grave's answer to State Farm's counterclaim actually quotes the bible and Jesus' inability to serve two masters (#70 in First Affirmative Defense.)
First, Graves paints Lecky King as the claims devil from NFIP hell, then he compares the Rigsby's actions to those of Jesus. What could possibly be next, Scruggs as Moses, Senter as Pilate, Mother as Mary?
Actually, I am glad to see Graves join the fray. His motions read like a soap opera script.
Interestingly, the BFRG and GBM responses almost totally overlook Rule 4.4(a), which, of course, State Farm cites as a basis for disqualification. State Farm ought to highlight this rule in its response because it totally defeats the BFRG and GBM arguments that they could do what they did by virtue of the fact that they were involved in a qui tam action.
The Rigsbys' lawyers for qui tam are probably on a contingency fee basis.
Thank you, Mr. Rossmiller!
i am too simple to follow all of the nuances of davids writings....but let me say, he is one serious dude! most of us here have some interest in this....as i told him in starkville, he is doing a public service and should be commended for it....
Chip and Todd may need a refresher on the US Constitution and the 4th amendment's protection against illegal search and siezure.
"What is also true is that while the Rigsbys had access to the databases, they never improperly accessed or exceeded their access to these systems. Their counsel never used their computers or accessed their data base."
Huh? Counsel admitted copying files from a State Farm computer (laptop) to a non-State Farm USB drive. So, yes, counsel did use State Farm computers with their own hands (fingers) to steal documents while attaching unauthorized and non-approved storage devices.
Secondly, the sisters admitted to accessing a US Senator's State Farm claim file. This is unauthorized and I imagine could have led to termination on its own. Didn't anyone else hear recently about the govt employees who accessed Obama's passport files? I think they were fired.
Forget about disqualification, can Chip and Todd be prosecuted for their rogue behavior? They know better. They followed Scruggs instead of following the Constitution of the United States of America.
How Ironic?
==Forget about disqualification, can Chip and Todd be prosecuted for their rogue behavior?==
I think that is the question. It's apparent from their filing they've adopted the Scruggs model.
Notice how all the allegations are countered with a deeper -whole counter allegations?
• Mike Moore's text message
• Jim Hood's dinner meeting evolving explanations
• Grave's "Disney" trip disappears
• defense attorney Keker's proclamations of absolute innocence
• Risby's sisters cloudy memory when they're so astute to see all the bad things around them pre Scruggs
Collectively it says to me that each and all of them KNOW they skirted the law at the direction of Scruggs and are all desperately trying to recast their participation and it's almost making it worse for em all.
Well said, Seacrest. Well said!!!!
The Iraqis have a nicely little way of not calling a trailer a "trailer" - they have called them "caravans" instead. Exotic, yes?
I love a good fisking like you gave in this post. I would hope this would be shown to all who hope to engage in such pettifogging as a deterent. Mess with the truth and look how you will be held to withering ridicule!