ALERT: NEW LAWSUIT settlement - $13 MILLION (page 21)

AnnOMaly

Thanks Listener and Jaymes for the heads-up.

I don't understand the outrage at all, BOTR. As a practicing lawyer, I understand working many (sometimes excessively many) hours performing work that clients are paying for, and thus not wishing to give free legal advice in your free time, especially if you view it as unappreciated. However, this is a discussion board where participation is voluntary. Personally, if I am too busy to post, I simply don't. To analogize this to real life as you suggest, if I freely chose to join a casual conversation with non-lawyers about a hot-button legal topic, such as gay marriage, it would be absurd for me to demand that they pay for my time before I learn enough about the issue to discuss it intelligently.

Law is only like brain surgery in that you need an advanced degree and a license to practice it. Unlike brain surgery, untrained but intelligent people can usually understand the basic concepts. There is a long history of coverage of significant legal developments in the press, geared toward non-laywers, especially when it impacts public policy. So if I were to comment on documents and rulings that I hadn't read, I would expect to be corrected by those who have read them, whether they are attorneys or not.

Band on the Run

Why do you think appeals courts exist? I am fed up with the mentality on this site. Victims of sexual abuse should sue. I am troubled by the elastic statute of limitations and the orgy of personal injury lawyers willing to swoop down. This claim could have been brought in a more timely manner. I don't have any answers for nagging societal problems. I do know that anyone can file a lawsuit. The merits are not addressed. Default judgments are scary b/c the merits are not argued. I will always stand by education and experience. Others are free to disagree. It does not make you right. Honestly, there are no right sides in this mess.

sir82

I am fed up with the mentality on this site.

Sorry to trouble you, your worshipfulness. We beseech your pardon in dust and ashes.

Vidiot

sparrowdown - "Since attacking the WT is like 'touching Jehovah's eyeball', they feel perfectly justifified in treating their victims like adversaries."

Nailed it.

Not to mention a fundamentally entrenched worldview that regards everyone and everything outside the WTS as "the enemy".

ScenicViewer

BOTR: Why do you think appeals courts exist?

I suppose you are saying 'It isn't over til it's over' so don't get all excited until all avenues of appeal are exhausted. Is that it?

But if you had read even the basics of this case you would know that the appeals court and the California Supreme Court have already been appealed to in this case, twice each, by Watchtower attorneys, who lost all appeals

The Judge issued an order for Watchtower to turn over certain documents. Even after losing the appeals Watchtower still refused to comply with the Judge's order.

Then the Judge issued another order for Watchtower to produce Gerrit Loesch (GB) to testify. Again Watchtower attorneys refused to comply even after losing both appeals. They were stubborn. Very stubborn.

In the end the Judge ruled that Watchtower was in violation for not complying with her orders and disallowed Watchtower attorneys from putting on a defense. They forfeited that right by refusing to comply with the court.

(Irwin Zalkin, attorney for the plantiff, said it was the only time in his 35 year career that he had seen someone refuse to comply with a court order after losing two appeals. In other cases even the Catholic Church complied eventually.)

You say there was no proof, but the plantiff put on it's case over a 6 day period, and proved it's case to the Judge, which is all that matters.

Now Watchtower can appeal the verdict, but what chance do you think they stand appealing to the same courts whose previous rulings they refused to comply with? Watchtower is making a terrible name for itself in court.

I am fed up with the mentality on this site.

Have a look in the nearest mirror.

Chaserious

ScenicViewer - I will agree with BOTR to the extent that she believes there is a good chance the verdict does not survive appeal. Any prior appeals would not have examined the issue of whether striking the WTS's defense and entering default judgment is the appropriate remedy, so that is a new issue for appeal.

Also, I have not reviewed every document and listened to every podcast, but it appears any opinions by the appeals courts have not been made available. It is possible- and correct me if I am wrong - that the appeals courts didn't rule on the merits of the discovery orders, e.g. found that it was the correct decision that the documents had to be turned over/ depositions had to be taken, but only held that it wasn't the appropriate time to appeal. Usually, interlocutory appeals are disfavored and you have to wait until final judgment to appeal.

AnnOMaly

I will agree with BOTR to the extent that she believes there is a good chance the verdict does not survive appeal. Any prior appeals would not have examined the issue of whether striking the WTS's defense and entering default judgment is the appropriate remedy, so that is a new issue for appeal.

... although, Mr. Zalkin in the podcast made the point that Watchtower's successfully appealing in the same courts they've already appealed to (Appeal and Superior regarding Plaintiff's motions to impose sanctions for Watchtower's failure to comply), and where they refused to abide by the judgments and orders by those appellate judges/referees, may actually prove to be a tad difficult for them. We'll see.

Vidiot

ScenicViewer - "In the end the Judge ruled that Watchtower was in violation for not complying with her orders and disallowed Watchtower attorneys from putting on a defense. They forfeited that right by refusing to comply with the court. (Irwin Zalkin, attorney for the plantiff, said it was the only time in his 35 year career that he had seen someone refuse to comply with a court order after losing two appeals. In other cases even the Catholic Church complied eventually.)"

I realize Zalkin attributes this to stubbornness, but Jeezus...

...when I initially read this, my first thought was, "are they crazy, or just plain stoopid"?

JW GoneBad

On jw.org podcast show lastnight Irwin Zalkin between 40:00 to 45:00 minutes into the show states that he has over 20 additional cases he's working on involving multiple victims in each case of JW child molestation. WOW!!!

In Irwin Zalkin's own words about 45:00 minutes into the show: 'Jehovah's Witnesses' house of cards is about to fall!'

ALERT: NEW LAWSUIT settlement - $13 MILLION

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