I'm scratching my head along with Ann here. I thought settlement was a legal vehicle for ending a civil dispute prior to trial. Isn't it a little late for the defendant to attempt to negotiate a settlement once the plaintiff has won? Doesn't the court order the settlement and fix the amount at that point?
Conti v Watchtower - Court Denies Watchtower Motion re: Substituting Bond - November 16 court documents in pdf
by jwleaks 102 Replies latest watchtower child-abuse
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life is to short
"I'm scratching my head along with Ann here. I thought settlement was a legal vehicle for ending a civil dispute prior to trial. Isn't it a little late for the defendant to attempt to negotiate a settlement once the plaintiff has won? Doesn't the court order the settlement and fix the amount at that point?"
I am with Ann and TD also. I too thought that the court order was the finally word on it unless they win the appeal, I do not understand how they can now try to settle out of court with a gag.
LITS
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Gayle
http://www.californiaappeals.com/civil-appeals-process.html
Settlement procedures during the appellate processSettlement of cases after trial has long been part of the civil litigation process. For example, it is quite common for the losing party at trial to offer not to appeal if the winner accepts reduced damages. Likewise, a party defending a trial court outcome might be willing to make some compromises in order to avoid the uncertainties, expense, and delays of an appeal.
In recent years, the courts themselves have become involved in facilitating mediation between parties after an appeal has been filed. Within the state appellate system, some districts are more proactive than others when it comes to promoting settlement. For example, in both Los Angeles and San Francisco, there are free programs where mediations are held at the Court of Appeal.
There are differing views as to how desirable it is to have appellate courts actively promote settlement through mediation. Some see it as a means of reducing workloads during a time of budgetary constraints. Others take the view that this interferes with the core role of the appellate courts, which is to decide cases and, thereby, add to and enrich the common law. -
AnnOMaly
Well you learn something new every day. Thanks Gayle.
The judge (with agreement from Candace) has already reduced the punitive damages in response to the WTS's complaint, thus knocking them down to less than half! I wonder how the WTS could persuade Candace to settle for even less.
Still, if the WTS go down the settlement route, they will have abandoned their appeal and the verdict/Candace's victory stands.
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cedars
It's interesting to know how settlement at this stage would work in theory, but just to add a bit more perspective... from my interractions with "Team Conti" I honestly believe settlement in any form could not be further from their thinking.
They have dug in, and are in this for the long haul.
Cedars
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AnnOMaly
That crossed my mind too - that the WTS would fight all the way.
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cofty
They have dug in, and are in this for the long haul.
I'm sure that's true but as 144 001 said it will be up to her lawyer if he wants to settle unless she has the funds to pay his legal fees in the event they lose on appeal.
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cedars
AnnOMaly - by "their thinking" I mean Candace and her team. I should have been more clear! Sorry about that.
I actually think Watchtower would love to get out of this if they could - but I think it's too late for any meaningful settlement even if Candace's side were prepared to listen, which I don't think they are.
I do think this whole Patterson debacle has been a great development, because (1) it demonstrates that Watchtower's legal team are, to an extent, out of their depth, and (2) the refusal to accept Patterson as surety removes any incentive for Watchtower to drag their feet and try to unduly prolong the appeals process. The longer the appeals process continues, the more expense they accummulate on their side.
Cedars
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cedars
cofty
I'm sure that's true but as 144 001 said it will be up to her lawyer if he wants to settle unless she has the funds to pay his legal fees in the event they lose on appeal.
I agree, but Rick Simons is perhaps the best placed out of anyone to know the likelihood of success. If he can pull this off without reaching settlement it will be a career-defining victory and make him one of the most desirable lawyers in the country. I'm not saying money isn't his primary concern, but there are other factors he will be considering.
Cedars
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cofty
Good point. If he can win on appeal it could lead to a flood of lucrative work - and he would deserve every penny.