Why the Watchtower Can't Drop Its Appeal

by Diest 19 Replies latest watchtower child-abuse

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  JeffT

  As an accountant I've dealt with a few law suits. I generally agree with what's been said with a couple of exceptions.

  Reduction of awards happens frequently in the appeal process. It is also quite possible that a settlement will be reached simply because Candace's lawyer's pockets may not be deep enough to fight the appeals. A corporation with deep pockets can fight longer than an attorney, and may be able to make a setttlement happen as a result.

  I'm not sure that transfering assets will work, unless they send them out of the country. Courts tend to be very unhappy if they see what looks like an effort to move money between related entities. For example if you sue me and I suddenly give everything I have to my kids. my kids may just have to foot the bill. Sending the money out of the country would keep it out of the hands of the courts, it would also end the WTBS in the United States, which I'm sure most of us would count as complete victory.
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  MidwichCuckoo

  Reduction of awards happens frequently in the appeal process.

  I appreciate this does happen, but when a jury (12 individuals with no interest, and unlikely to have heard of this case before serving - unlike other high profile cases - so not 'swayed' by prior press reports) awards a figure, on what grounds is it adjusted?
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  jamiebowers

  1. If they loose their appeal it opens them up to huge amounts of liability. They need the courts to come down on their side of the clergy-penitent confidentiality issue. They also need the court to rule that they cant be held liable for the actions of a member who held no position of authority at the time of the incident.

  I agree that the WT probably won't drop the appeal. However, that being said, the clergy-penitent confidentiality issue was already ruled against in the Gilbert Simental criminal trial. It was decided by that judge that there was no privilege, because once the jw confesses to the elders, the information is passed onto the WT. I'm not a lawyer, but I know that the burden of proof is heavier in a criminal trial than it is in a civil one. Since it has already been established in the Conti civil trial that the WT advised elders, I don't see how in the world the WT could ever have any court, appeals or otherwise, rule that the organization can't be held liable for a congregant's actions.
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  Weana

  "3. ... If they make WTS of NY insolvent... "

  This is impossible for them. See QFR W Sept 15, 1994, last three paragraphs.
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  Diest

  Weana can you tell me what it says, I dont have a WT CD.
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  Diest

  Jeff I agree that they cannont transfer money to avoid the Conti settlement, I was talking about future cases that have not been brought forward.
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  james_woods

  I'm not sure that transfering assets will work, unless they send them out of the country. Courts tend to be very unhappy if they see what looks like an effort to move money between related entities.

  This is why the court already forced them to post bond.
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  ThomasCovenant

  *** w94 9/15 p. 31 Questions From Readers ***

  ''In summary, then, the Bible does not rule out the possibility that in an extreme situation, a Christian may avail himself of the protection offered by Caesar's bankruptcy laws. However, Christians should be exceptional as to honesty and reliability. Thus, they should be exemplary in their serious desire to meet their financial obligations''
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  JeffT

  Midwich, I've heard of appellate courts reducing jury judgements on the grounds that they are "excessive." I do not know for sure how they determine this. I think that the theory is that juries get emotional about whacking somebody and that is not what the courts are for. I could be wrong.

  Diest, I believe that if the court determines that a transfer was made in an attempt to put money some where out of reach, the courts can go get it there. In this case, a judge could determine that this case gave the WTBS valid reason to fear future judgements and that moving funds between related entities was soley an attempt to perserve assets by hiding them.
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  MidwichCuckoo

  Thanks JeffT