Scruggs is already contesting Magistrate Judge Walker’s ruling in the McIntosh case that State Farm can depose him on January 15. I would expect he’s going to fight the trial subpoena even more strongly, probably on grounds that his testimony wouldn’t be relevant to the issues to be tried. Because he’s no longer an attorney in the case, I don’t think he can file a motion in limine, but the Katrina Litigation Group (formerly the Scruggs Katrina Group) may do so, and may do the same with regard to Jones. Scruggs isn’t going to leave this to the good graces of others, I’m sure, and will seek to file his own motion to quash the subpoena. Jones, I would think, would do the same, I know I would. Since State Farm is also asking for documents in the subpoena, I wonder if they might drop the demand for testimony if the documents are given up.
Incidentally, from what I can see on PACER, it looks like that February 25 date for the McIntosh case won’t change, and I believe it was expected to be a three-week trial even without this Scruggs/Jones stuff.
I also had a chance to look through the brief E.A. Renfroe filed in McIntosh on Friday in support of State Farm’s motion to disqualify the Katrina Litigation Group from the case on ethics grounds. Many parts of it seemed strong, some parts seemed a little attenuated or weak, but it sure is fascinating reading no matter what your opinion about the merits. I printed it off from PACER just to take a quick glance through it and got hooked and read the whole thing. Even though I know a lot of this Katrina stuff cold, it’s still difficult for me to pick my way through boring writing, and this was anything but boring.
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