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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

ALABAMA STATE et al v. BP, PLC et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
2:11-cv-01597 Search Pacer
ACE Group party(s): 
Opposing Party: 
Alabama State
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Jul 11 2011

1. Plaintiff CMCO, LLC brings this class action against the BP Defendants, the Worley Defendants, Defendant ESIS, Inc., and Defendant Brett Robinson Gulf Corporation ("Brett Robinson") for racketeering and corruption in connection with what Defendants refer to as the "BP Claims Process." Through this lawsuit, Plaintiffs seek to recover damages under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §1961, et. seq. Plaintiff CMCO, LLC also seeks to enjoin the above-named Defendants from continuing to engage in a pattern of racketeering activity, corruption, wire fraud, mail fraud, unauthorized practice of law, violation of state insurance laws and regulations, and other criminal or unlawful activity.

2. Plaintiffs claim that the Defendants are engaged in a pattern of racketeering activity involving the unauthorized practice of law and other criminal acts that are ultimately designed to delay and reduce the payment of legitimate legal damages by lulling class members into a false understanding of the availability of recoverable damages at law. The BP Defendants are actively soliciting third parties, including Defendant Brett Robinson to provide services tantamount to the giving of legal advice to Plaintiffs regarding their claims, losses, and recoverable damages. Moreover, the BP Defendants have authorized third parties, including Defendant Brett Robinson and others, to evaluate and present damage claims of claimants in a manner which constitutes criminal conduct in Alabama and Florida. See Exhibit A, attached hereto and made a part hereof by reference (Letter from Brett Robinson dated June 11, 2010).

3. Likewise, the Worley Defendants, Defendant ESIS, Inc., and Defendant Brett Robinson are actively engaging in the above-described pattern of racketeering and corruption, in an effort to gain a pecuniary benefit, to the detriment of Plaintiffs and the putative class members. Defendant Brett Robinson is charging fees to Plaintiffs and certain putative class members to evaluate and present Plaintiffs' claims for legal damages. Upon information and belief, and in furtherance of the racketeering activity, the Worley Defendants and/or Defendant ESIS, Inc. are knowingly aiding Defendant Brett Robinson and other third parties in evaluating and presenting legal damage claims on behalf of Plaintiffs. Furthermore, the Worley Defendants and/or Defendant ESIS, Inc. are believed to be conspiring with the BP Defendants to engage third parties, like Brett Robinson, in the unauthorized practice of law.

4. Plaintiffs contend that the BP Defendants, Worley Defendants, and Defendant ESIS, Inc. have colluded with Defendant Brett Robinson and other similarly situated third parties who are not licensed, not qualified, and who are otherwise inept to evaluate or present legal damage claims within the BP Claims Process - all as part of a greater scheme to delay paying certain claims and to avoid paying certain other damages altogether. As a direct result of the Defendants' collusion and corruption, claims for payment of damages made in the BP Claims Process have been delayed, underpaid, and even denied.

5. Plaintiff CMCO, LLC requests that this Honorable Court enjoin Defendants from:

1) authorizing unlicensed and unqualified third parties to evaluate and/or present legal damage claims within the BP Claims Process;

2) engaging in the unauthorized practice of law and/or soliciting third partiesto engage in the unauthorized practice of law and/or engage in violations ofstate insurance laws and regulations within the State of Alabama and the State of Florida; and

3) engaging in other criminal or unlawful activity designed to delay, underpay, or avoid payment of claims within the BP Claims Process.

6. Plaintiff Ben Chenault, as relator of the State of Alabama, alternatively seeks a Writ of Quo Warranto to stop the Defendants from engaging in criminal or other illegal activity including the unauthorized practice of law and violation of state insurance laws and regulations.

7. All Plaintiffs seek money damages for unjust enrichment, in addition to damages available under RICO.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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