Now that a judgment has been rendered against Allegiant Bank, the NPS litigation will move on to the appeal stage where the focus will be on R.S.Mo. Section 436.031. The NPS trustees universally argued that this provision of the Missouri preneed statute relieved them of all responsibility and liability for investment supervision. As set out
civil trial
Groundhogs Day 2015: Six Weeks of NPS Civil Trial
The National Prearranged Services civil trial is scheduled to begin this week, and trial briefs have been filed with the Court. The briefs outline the arguments that each party plans to prove during the course of the trial. It is our understanding that the Special Deputy Receiver has settled with all defendant trustees except Allegiant…
Getting Personal: liability and the preneed trust officer
Earlier this week, the Federal Court that is to try the NPS civil lawsuit next month issued an order (Order denying Morisse JOP Mtn) that will raise red flags for the banks that serve as preneed trustees. In denying the motion of an officer of Allegiant Bank, Judge Richard Webber held that the…
Preneed Trust: Is it the Consumer’s Funds?
Attorneys are currently arguing this issue before a Federal court in St. Louis. While the NPS civil trial does not begin for another six weeks, both the SDR and the defendant trustees want to resolve the question of who is a beneficiary of a preneed trust under Missouri law. The SDR is arguing that…
Exploiting the Gaps In Chapter 436: NPS’ take on a preneed law
Over a three day span beginning December 17th, a Federal court in St. Louis will hear legal arguments from the NPS special deputy receiver and from banks that served as NPS trustees at some point during the past 30 some years. Initial legal briefs have been filed, and response briefs will be filed. …
Doug Cassity: A Master at the Slight of Hand
Our prior blog post discussed the NPS Special Deputy Receiver’s motion for a ruling on two crucial legal issues. Doug Cassity was appalled that the SDR would attempt such an unbelievable slight of hand on the Federal court, and filed his own response. According to Mr. Cassity, the SDR has cited the court to the…
An immaterial witness: Doug Cassity
Doug doesn’t have much faith in the legion of attorneys retained by the country’s largest banks. Mr. Cassity has filed a writ of habeas corpus ad testificandum that argues only he can effectively cross examine witnesses to NPS’ compliance with the 1994 consent judgment. Mr. Cassity argues that NPS could legally withdraw from trust all…