I’m not surprised – only surprised that there was no written order noted on the docket nor any indication it was a text only order. Nope not a word just the action listed.
It appears today was cleaning day in the northern Alabama district as the docket also lists a few houskeeping items – Acker vacated his Uniform Initial Order that looks like a set of “rules” (my first time to see one) and also recorded a request for transcripts from Scruggs and listed Scruggs appeal.
I’ve got a little housekeeping to do myself over the weekend – keeping up with Judge Acker will turn you white headed overnight and after a week of curious orders and opinions I’ll be looking for a vat of Lady Clariol to see if I can cover all the gray!
UPDATE: Wonder if I’ll run into Anita Lee when I try to cover my Acker-gray, seems the latest news from Alabama has her attention, too!
Former insurance adjusters Cori and Kerri Rigsby are on the hook for $65,000 that attorney Dickie Scruggs refuses to fork over to their former employers, Alabama-based E.A. Renfroe.
Scruggs has placed the money with the federal court while he appeals Judge William M. Acker Jr.’s decision to fine him and the Rigsbys that amount for civil contempt in Renfroe v. Rigsby. Meanwhile, Acker has ruled, the Rigsbys must pay the fine within 14 days.
If they don’t pay, Renfroe could take their property, garnish their bank accounts or pursue other remedies.
Acker ordered the fine to cover Renfroe’s legal fees for pursuing insurance records the Ocean Springs sisters took while on assignment as Katrina claims adjusters for State Farm. They wanted the records to prove State Farm catastrophe employees ordered changes to damage reports that minimized what the company owed policyholders. State Farm has denied any wrongdoing.
Scruggs, however, is not “refusing to pay” – he’s merely unwilling to pay until the 11th Circuit determines Acker’s decision to charge him and the Rigsby sisters with Civil Contempt was lawful – and given Acker’s history and the convoluted logic of the Order, the Appeal is a prudent move.
Related post on Slabbed – Acker shoots the bird at Judge Vinson.
h/t bellesouth for coming up with Anita’s story!
Filed under: Civil Litigation, Legal Ethics, Rigsby Sisters | Tagged: Renfroe v Rigsby
nowdoucit
Holy Cow, Nowdy! Acker has let the gloves come off in this bout of litigation. It seems he wants to take the courts back to 15th century where they resolved disputes by dueling to death of the obvious loser chosen by god but in this case he’s stacked the deck against the Rigsbys. Someone needs to report him to the Judiciary. He has gone off his rocker.
Looks like the Rigsbys will have to ante up to appeal Ackers decision. He must still has a sour puss from judge Vinsons decision to overturn. Renfroe lost no income, the documents belonged to State Farm, deposition stated Renfroe was OK with them going foreward with allegations of fraud, sorry just thinking out loud. What are the merits of this case again? Whom ever can afford the lawyers the longest wins.
I just don’t understand this at all, duesouth. I mean I do understand that Acker has got an axe to grind, but I don’t understand how he can make them come up with $65,000 while he has $70,000 sitting there with the ruling on sanctions on appeal. He stayed the execution of the sanctions for Scruggs but he found them jointly and severally responsible. I don’t know how that plays out.
Merits, duesouth? My take is none. The girls need qui tam lawyers and we don’t have any indication that anything is happening on that front.
Ackers wants all parties to have thier own bond for some reason. Seems like the judge has it in for Scruggs and the Rigsbys are in the middle of an expensive fight.
Maybe so, duesouth, but here is text from his order.
Non-lawyer, joint and several? Your saying the current 65 is enough to cover the bet and that the judge is confused or has forgotten what he has written.
as one non-lawyer to another, duesouth, I found this info on joint and several liability. Trying to figure out Judge Acker is beyond google and me, too!
By the way, has anyone observed Acker is out of control? The man is some screwed up…
You mean besides me? Yeah, bellesouth and duesouth seem to have noticed.
What’s really frightening is I think I’m beginning to understand!
“This means that if the claimant pursues one party, and receives payment in full, that party can then pursue the other obligors for a contribution to their share of the liability.”
This means that since Scruggs has paid if he loses the appeal, then he can go after the Rigsbys for some part of that money. That’s all. (Now I remember! Duh!)
Acker has gone loopy-doopy. I wonder if Renfroe will try to get money from them. I would think they even know the judge has gone senile too and won’t touch it with a ten foot pole.