by cedars 97 Replies latest watchtower child-abuse
I keep wondering if Mr Simons will need long term investors if this thing drags out for 3 years. I hope they stay the course and are not swayed by the wts.
Cedars, I know the motion would be accepted. There is a liberty interest her, the government can't lock up 1 billion over concerns for 30 million. The WTS could transfer all of its property and leave 30 million in escrow if they wanted to.
Scott,
I'm not certain what you mean about the conservative justices seeing black and white. All lawyers are socialized to believe that a fundamental part of fairness is notice. The concern for notice is reflected in the const'l bar on ex post facto laws and bills of attainder.
CA appellate courts will look for procedural irregularities and mistaken rulings of law by the trial judge. Clearly, if the WT lawyers did not raise timely objections, they will win an enormous malpractice award.
Appealing is routine. Not appealing would be absolutely crazy.
An important battle was won with the jury verdict. The winner of the war is not clear.
| "...Clearly, if the WT lawyers did not raise timely objections, they will win an enormous malpractice award..." | |
| Band on the Run |
Whom are you refering above as the who will win?? The Watchtowr or our own Conti? If its the watctower, I seriously doubt, they are going to win this 'enormous malpractice award'
Scott77
Scott,
Sorry. I phrased my comment very poorly. My opinion is that the WT has several grounds for appeal. Lawyers have a public presentation and a private presentation as to the chances on appeal. I don't know the outcome. The WTBTS's lawyers (b/c they are not JW lawyers in the public perception of JWs. They only represent the Society) had to be keenly aware that this case would be monitored by most of the negligence bar b/c the stakes are so high. CA is not just another state. It is usually the state that decides to risk and change in law and policy to better society. Once CA experiments, and the results are positive, other states follow. New York and New York are the second wave in most cases.
I am surprised that with what was at stake that the WT chose the lawyer who represented them. The WT can survive this case. Damages will certainly hurt but it is far from a death blow. I'm not certain with their obvious liquidity problems that they can survive the mass of cases that follow. Press accounts heralded this verdit as the first of its kind. Conti's lawyer assumed much risk by pushing the envelope. It is commendable. If the WT loses the appeal, negligence lawyers around the country will change theri risk calculation and take these cases. The amount of settlements will soar.
Most negligence lawyers will only handle cases that are relatively assured of winning a very large award. If the case does not succeed, they receive no fee. When I interviewed negligence lawyers for personal reasons, I was struck by how many sought no risk. If the case is a slam dunk with no issues, why should they get a fee?
Other common law jurisdictions, such as Great Britain, Canada, Australia, and New Zealand, are probably considering similar changes in laws concerning pedophilia and third party liability. This verdict was so large and the legal rule, if upheld on appeal, so different that these countries will be affected, too. The cascade effect is enormous.
The Roman Catholic Church may survive financially. I am certain the WT is not in a similar position. Because of the blind devotion to the GB, most local KHs could not function without the strong arms of the WTBTS. Splintering will occur.
The WTBTS could certainly expect to receive a big fact, juicy check from their lawyers' malpractice insurers if the lawyers did not preserve every possible appeal right. If I were the WTBTS and planning legal strategy, I would: 1. hire a very highly rate firm and retain academics/specialist as consultants for the case. 2. Hire a nonJW as the first chair, the lead lawyer. They needed honest feedback without zeal for JAH distorting legal thinking.
"...The WTBTS could certainly expect to receive a big fact, juicy check from their lawyers' malpractice insurers if the lawyers did not preserve every possible appeal right. If I were the WTBTS and planning legal strategy, I would: 1. hire a very highly rate firm and retain academics/specialist as consultants for the case. 2. Hire a nonJW as the first chair, the lead lawyer. They needed honest feedback without zeal for JAH distorting legal thinking" | |
| Band on the Run |
I think that was a great perspective. Ok, the WTS is going to gamble in anticipation of a legal vicitory. I am very elated that this WTS case is going to be reviewed coming on the heel of Penn State abuse cover-up. The concidence is very striking and of great interest. I believe, the current tide or the wind of change against religious institution's sexual abuse cover-ups including large punitive fines works in Conti's favor.
Scott77
More just in:
| 07/17/12 | Memorandum of Points and Authorities in Support of Motion for New Trial Filed |
This details the points of contention the WTS has with how the proceedings went, citing legal precedents and codes. I've only just started reading it myself, only through the first paragraph of the Introduction, and already I'm riveted.
the Watchtower needs to win the Conti child sexual abuse appeal otherwise by their own defence they would be guilty of:
"recklessness or wickedness", "extreme indifference", "wilful and conscious disregard" and "despicable conduct"
Page 10 of above linked document - thanks AOM
