BERRY LAWSUIT EVALUATED (page 6)

MadApostate

A few minutes ago, KrazyKent (in his "Circumstances" thread) posted an email from an "anonymous" source (which KK just so happens to know is totally credible) which states that the Bryan Rees v. Watchtower case is "still alive in the federal courts".

As I have indicated in posts above in this thread, the Rees case has been DEAD since February 2000, yet a certain "clique" of XJWs continue to misrepresent it to their fellow XJWs as a potential threat to the WTS.

Go to this link:

http://supreme.pub.findlaw.com/supreme_court/orders/1999/022800.html

Tab down to the "Certiorari Denied" section, then look for: Bryan R. v. Watchtower Bible et al.

For those who don't know what it means for "certiorari" to be denied by the US Supreme Court, there is a dictionary in the yellow bar at the top of that page.

As for KrazyKent's "expert source", who said this case was "still alive in the federal courts", one should note that this case was NEVER IN THE FEDERAL COURTS to begin with. If KK had the slightest bit of knowledge with that which he wants us to accept his authority on, he would have spotted his sources error to start with.

Utopian Reformist

Correction MAD:

A case in the federal courts (if was brought there) is NOT dead until the case is actually closed. In the meantime, rather than rely on anyone's links or references, I will look it up in the PACER National Case Party Index. (I am employed by the US Courts in the 1st Circuit).

One of you is incorrect. Pray it is Kent, because as "I have not yet begun to fight".

SEMPER CILENIS ET MORTALIS

Utopian Reformist

Here are the lawsuit codes that the federal courts use to categorize cases filed:

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment and Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted Student Loans (Excl. Veterans)
153 Recovery of Overpayment of Veteran's Benefits
160 Stockholders Suits
195 Contract Product Liability
190 Other Contract

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent, Lease, and Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

TORTS - Personal Injury
310 Airplane
315 Airplane Product Liability
320 Assault, Libel, and Slander
330 Federal Employers Liability
340 Marine
345 Marine Product Liability
350 Motor Vehicle
355 Motor Vehicle Product Liability
360 Other Personal Injury
362 Personal Injury- Medical Malpractice
365 Personal Injury- Product Liability
368 Asbestos Personal Injury Product Liability
TORTS - Personal Property
370 Other Fraud
371 Truth in Lending
380 Other Personal Property Damage
385 Property Damage Product Liability

CIVIL RIGHTS
441 Voting
442 Employment
443 Housing/Accommodations
444 Welfare
440 Other Civil Rights

PRISONER PETITIONS
510 Motions to Vacate Sentence
530 General
535 Death Penalty
540 Mandamus and Other
550 Civil Rights
555 Prison Condition

FORFEITURE/PENALTY
610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure of Property
630 Liquor Laws
640 RR & Truck
650 Airline Regulations
660 Occupational Safety/Health
690 Other

LABOR
710 Fair Labor Standards Act
720 Labor/Management Relations
730 Labor/Management Reporting & Disclosure Act
740 Railway Labor Act
790 Other Labor Litigation
791 Employee Retirement Insurance Security Act

BANKRUPTCY
422 Appeal
423 Withdrawal

PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

SOCIAL SECURITY
861 Health Insurance
862 Black Lung Cases
863 Disability Insurance
864 Supplemental Security Income
865 Retirement and Survivors Benefits

FEDERAL TAX SUITS
870 Taxes (US Plaintiff or Defendant)
871 IRS-Third Party

OTHER STATUTES
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commercial/ICC Rates/etc.
460 Deportation
470 Racketeer Influenced and Corrupt Organizations
810 Selective Service
850 Securities/Commodities/Exchanges
875 Customer Challenge
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of Information Act
900 Appeal of Fee Determination Under Equal Access to Justice
950 Constitutionality of State Statutes
890 Other Statutory Actions

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MadApostate

UR:

I must beg to differ. The Rees case was a Maine state court case which was appealed to the USSC by Rees on the US Constitutional issues. A "Writ of Cert" is kinda like an application to join the Moose Club. If you are denied, you can't say I was once a member because they considered my application.

Utopian Reformist

MAD:

There is no "right". Either the case was filed or brought before a federal court. If it was, then the dispostion is available. If the case was never entered into federal court, it is a moot point.

If you say the case never made it there, fine. I will check and post my findings.

Maximus

MA and UR:

The Peter Smith news story is incorrect in its final sentences, and I am sure that will be called to his attention.

I just don't have the time to write more than briefly on the subject but suggest you call Michael J. Waxman, attorney for Bryan Rees, Portland, Maine. Address is 371 Fore Street. He will wax eloquent on the subject, as will many attorneys who have gone up against the Tower. All say the same thing: 'These birds will LIE at the drop of a hat.' They've made enemies of very fine lawyers who will use every legal avenue open to them, but would not stoop to lying. Just another area in which the chickens will come home to roost.

Let me state it accurately albeit simplistically: the Maine Supreme Court would not allow Rees to sue Watchtower Society because essentially one cannot sue a church in Maine. Waxman said he wished the case were in Massachusetts or New Hampshire. UR, the point is indeed moot.

BTW, now you've gone and told the world, MadApostate, where we got that name from to sue the governing body, the congregation with its elders, "the Society," etc. Awake! magazine--the Society pointed where to look for the best in the business. What goes around comes around. Isn't that a choice bit of irony? <just so you see a HUGE grin, MadGuy!>

There is a God, and She has one wry sense of humor. Anderson is a man with a mission, many notches on his belt, and he's on the side of the angels with this one.

Max

Maximus

Up Up and Away ....

MadApostate

Max:

Thanks for the "grin".

Are you saying that Rees is Alive or Dead?

As for the allegation that a Church can't be sued in Maine, but can be in adjoining states- that just doesn't even sound logical.

The obstacle to ANY lawsuit against a Church are the constitutional guarantees found in the US Constitution, and such obviously apply in every state. The only reason the US Supreme Court would have denied cert was because they were in total agreement with the way the Maine SC had ruled in the WTS's favor. This also tells you that the Maine SC's ruling can be used to evaluate the same arguments that arise in other states.

The only way that I can see that Rees could be "alive" in any sense is that Waxman is trying to sue the WTS on totally different grounds, which would really mean it would be a completely NEW LAWSUIT. Is that what you are implying? If that is the case, and there is "some" new angle, WHY would Jeffrey Anderson simply be repeating the original Rees arguments, which got nowhere in court?

I will agree with one thing. Anderson is one of the top (if not THE TOP) attorneys to take on the WTS. His credentials and case history is impressive. However, his online resume doesn't always tell the full story. I've found some online info which indicates that some of his mentioned "Victories" were reversed on Appeal, and some Damages were later reduced.

Maximus

From a hasty read on your post:

Rees is dead as a doornail. Not appropriately described as a loss, however, because it could go no further by statute.

Waxman will wax eloquent on it; he was quite frustrated. Not ducking, would rather leave it for him or someone VERY knowledgeable to explain in detail.

Didn't meant to imply anything about Anderson re some revisitation of Rees.

You are right: Anderson has the best track record going. Watchtower has been warned many, many times to mend its ways in this area, and they are about to be tested mightily. Damages reduced? That's okay. There are HUNDREDS of cases out there ... just waiting. How many more do you think will come out after Dateline and its additional publicity?

All sorts of mail is pouring in as the result of just the FILING of this case, of individuals who have stories to tell that are astounding.

The Catholic Church has deep pockets. Does the Society, whichever corporation severally or totally?

Let's talk theology: Forget about two witnesses and all that. Secular authorities quite propery view it as their prerogative to examine criminal charges and to judge the matter. (Romans 13:1-4). They are indeed acting as "God's minister."

In its press release the Society says child abuse is a "terrible crime." Why has its judicial process been different when it comes to children? Policy may change or be changing, but that will not stem the tide that will wash over them from past injustices and abuses of power.

Got to run but wanted to get this out to you.

Max

Anchor

Don't want anyone to miss the information above.

-A

BERRY LAWSUIT EVALUATED

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