More VERY interesting news in the McIntosh case today as the lawyers for State Farm are now finding new ways to further pulverize the corpse of Dickie Scruggs’ credibility.
In their Memorandum in the McIntosh case today, State Farm goes before the court to oppose keeping Dickie and Zach Scruggs’ recent depositions under seal. They seem to have been pleading the fifth lately. Not only do they mock the Scruggs’ asking for the seal, but they provide evidence that Dickie himself violated court orders in 2006 by forwarding sealed documents to ABC, CBS, AP and the NY Times.
Nor is it without a high degree of irony that the Scruggses, who engaged in a course of conduct
of disseminating sealed pleadings and evidentiary disclosures in the Rigsbys’ qui tam litigation to the
press up to a year before the statutory seal was lifted by an order of this Court, see, e.g., Exs. F to I,2 are
asking this Court to seal documents that are unsealed and would presumptively be in the public domain
once State Farm attached them as exhibits to its motions to compel the Scruggses (which are awaiting
filing, see Doc. 1233). Stated otherwise, when the Scruggses were confronted with documents that were
subject to a statutory seal that could not be lifted except by this Court’s order, they evaded the seal;
when they are confronted with documents that would presumptively be in the public domain (through
the filing of State Farm’s motions to compel the Scruggses, see Doc. 1233), they seek this Court’s order
to seal them. And they do so without making an adequate showing.
Specifically, they provide the names/emails of their old reliable friends in the media.
and, of course, Joseph Treaster of the New York Times
And who said there was a liberal media bias?
No word as of yet on whether CBS, ABC, AP or the New York Times will be reporting this particular development in the Scruggs Nation.