‘A Façade’: State Farm’s Emergency Push to Pull Exhibit 133 Off Oklahoma’s Public Dockets

State Farm asked the Hursh and West courts on Nov. 2 and 3, on an emergency basis, to strike the homeowners’ motions to enforce and their Exhibit 3, the Senior Executive Offsite memo known as Exhibit 133, and remove them from the public docket. It calls the West motion ‘a façade’ and says there is ‘no dispute’ its CEO will be deposed. On Nov. 3 it withdrew its motion to disqualify Judge Amy Palumbo.

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‘Tip of the Spear’: State Farm Moves to Disqualify the Hursh Judge Over a ‘Kidnapping’ Analogy

State Farm asked Oklahoma County Judge Amy Palumbo on Oct. 29 to disqualify herself from Hursh v. State Farm, citing her remarks and, according to declarations from three of its lawyers, an Oct. 26 analogy comparing its in-house lawyers’ review of the Exhibit 133 roof memo to a lawyer advising kidnappers. State Farm withdrew the motion Nov. 3, without prejudice to refiling.

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‘Our Adversaries Could Say’: Judge Rules State Farm’s ‘Exhibit 133’ Roof Memo Isn’t Privileged

An Oklahoma County judge ruled Oct. 26 that a 2021 State Farm roof memo prepared for a senior executive offsite, the document known in court as Exhibit 133, is neither privileged nor work product, and denied a stay. The next morning the Hursh homeowners filed it publicly, including bracketed comments a State Farm in-house lawyer swore were his: ‘Our adversaries could say this places pressure on front line claim reps to not replace a roof.’

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‘I Direct This Litigation’: Oklahoma’s Attorney General Answers State Farm’s Bid to Remove His Lawyers

In a sworn declaration, Oklahoma Attorney General Gentner Drummond tells a Cleveland County judge ‘I direct this litigation’ as the State opposes State Farm’s motion to disqualify Whitten Burrage. The State says the contract caps the firm’s fee at $50 million, that it seeks neither State Farm’s dissolution nor its license, and it cites a 2008 Katrina ruling in which a federal judge rejected a conflict argument by State Farm and other insurers. The hearing is Nov. 9.

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