Scruggs Nation, January 30

This document, a transcript of the August 18, 2006 hearing before Judge DeLaughter in the Wilson v. Scruggs case, is what I’ve been reading the last few days, when I can grab a few minutes here and there.  I’m in a stretch where blogging time is limited, and I will have more to say about this case and this transcript later, but as the audience for this blog includes a lot of really sharp people who like to read and interpret documents for themselves, I want to put this out in the public domain.  The Scruggs side was argued by Tim Balducci, which will also be of interest to many. 

Two places I will call your attention to:

  1. Look on pages 16-25, where the judge discusses the preclusive effect of a federal ruling in the Luckey case, and finds that the Wilson-Scruggs agreement creates an express trust and a fiduciary duty from Scruggs to Wilson.  Remember that the special master’s recommendation had been denied months earlier — one would think the question of fiduciary duty and express/constructive trust would have to come before the special master’s findings were addressed, not after.  There may be good reasons, for this, of course, that I don’t know about.
  2. Read pages 83 to 120, where the court granted Scruggs’ motion to strike Wilson’s expert and also decided to ignore a $228,000 accounting error that the court’s expert found and to adopt the figures offered by Scruggs’ expert. 

This isn’t the full story of the case by any means, but it makes for some interesting, and curious, reading.

    

5 Comments

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5 Responses to Scruggs Nation, January 30

  1. MORE COWBELL

    Can’t understand why State Farm has hired E. Barney Robinson III, a banking lawyer, and Jeffrey Walker, a labor attorney, to go after Dickie Scruggs. Anyone know why? They aren’t using Big Dan Webb anymore?

  2. Dixie K. Blankley

    After reading this lengthy epistle, the conclusion I arrived at was that the judge had definitely made up his mind before it ever started and Tim Balducci seemed absolutely sure of it.

  3. nomiss

    Two Mississippi talk show hosts often refer to Jim Hood as “Conway” because he (his hair) looks like Conway Twitty, and they also call him Jimmy “Sue” Hood because he likes to sue companies. Most think our AG is just a puppet for Mike Moore (MooreScruggs). Many think that Moore left the political arena for a while so he could collect his portion of the Tobacco Money, but he wanted Hood in the AG position so he could work that position behind the scenes. (You’ve noticed that MooreScruggs frequently utilize “behind the scenes” activity.)
    I agree that Hood probably doesn’t have the national interest as Scruggs Nation or MooreScruggs, but he is part of their gang, although not the leader of the gang. However, since his position as the attorney general places him in the public arena, and his gang leaders use him and his public position and authority to benefit themselves, perhaps you could call this section of your blog “Around the Hood.”

  4. nomiss

    It’s two Mississippi radio talk show hosts. Perhaps “Around the Hood—Moore Scruggs.)

  5. Hard to believe a man (Hood) in his position cannot remember or know what is going on in his office. This way too funny!!!!!!!!!