LATEST NEWS: CANDANCE CONTI VERIDICT READY - WT LOST!!!!!!!

by Viva la Vida 105 Replies latest jw friends

• 

  cappytan

  Here was what Watchtower argued in their Reply Brief for the appeal:

  Finally, with respect to punitive damages, Watchtower illustrates how (I) there was insufficient evidence as a matter of law to show malice to support the award of punitive damages against Watchtower; and how (J) punitive damages were misused in an attempt to force Watchtower to change its nationwide policy as perceived by Plaintiff.

  The court's judgement was "for Watchtower" on this point. Again I'm not a lawyer, but it sounds to me as if Watchtower will not be required to pay any punitive damages.

  As to the details and verbiage of the Court's written opinion, that remains to be seen as the document isn't available online yet. The court could conceivably only agreed with point J of the brief, thus possibly leaving the door open to a different amount in punitive damages. But, if they agreed with both lines of arguments from the brief, then I would bet on them not being required to pay any punitive damages.
• 

  William Penwell

  The only thing I am afraid of is like someone else stated, they will put a gag order on Conti and her lawyers, which will weaken any future liable cases against the cult.
  
• 

  Watchtower-Free

  Damn
• 

  freddo

  DNCall

  I have no legal background, but what you say makes sense.

  At this point in time (I don't what appeals are available still to WT) it appears that a precedent has been set which means that all the cases still rolling down the pike have a precedent to refer to and will be so much easier to take to court and win.

  Forgetting that this is against WTB&TS - frankly, damages in the order of tens of millions does seem disproportional to my inexperienced eye but that does not seem to be the point. If every individual who has a valid case against the WT that is proved gets about a million bucks plus costs from the WT each time and builds on the precedent set then that is a pretty fair result IMHO.

  Hats off to Candace Conti!
• 

  Chaserious

  It looks like the full opinion is not up yet. But this means WTS wins on punitive damages (i.e. they dont have to pay any). There were two arguments on punitive damages, so we have to see the opinion to know what the basis for the court's ruling is. Either side can appeal to the CA Supreme Court, since they both came out a loser on an issue.
• 

  Captain Schmideo2

  If memory serves, weren't the primary damages divided amongst the Congregation, the Individual Offender, and the Society?

  The Society may be paying even less than the main damages.
• 

  Chaserious

  It may not be a big win for the Rick Simons, since if this stands he loses about 2/3 of his fee, but it's still a big win. This is the highest court to decide that this kind of duty to prevent child abuse can be applied to a religious organization. Expect further appeals.
• 

  William Penwell

  You know in the end the big corporations like the Witchtower always win as they have the money and resources to drag this thing out forever. Hopefully a precedents has being set. Like someone else mentioned it sounded like a win lose on both sides.
  
• 

  JWdaughter

  Isn't it a little late for "gag orders"? And I thought that those kinds of agreements were made illegal in CA now.??
• 

  dropoffyourkeylee

  Candace's original intent was to force the WT to be accountable, and to make the WT change their policy. In this respect, since the WT's negligence was affirmed, I would say that it is a win for Conti. The secondary issue of millions of damages (which Conti didn't ask for in the first place) the WT has apparently dodged the bullet. But the precedent is set and they can no longer say that they have never lost one of these cases.

  Not a lawyer, just what I am getting from the wording in the OP.