Then point to another case where Watchtower was held liable by either a jury or a judge other than the Conti case. If there are all of these this should be the simplest argument. I can give you a list of cases that Watchtower has won.
Richard Oliver
JoinedPosts by Richard Oliver
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37
The Governing Body WILL be sued in America collectively and individually in the near future!
by notsurewheretogo inso lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .
interesting stuff but no details!.
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If an elder decides he wants to report child molestation to police.
by poopie incan he be sued for violating clergy pertinent privilege by the person that confesses to him?.
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Richard Oliver
Again it doesn't matter if a church says you are a member of the clergy or not. The law defines what a clergy member is when it comes to privilege.
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If an elder decides he wants to report child molestation to police.
by poopie incan he be sued for violating clergy pertinent privilege by the person that confesses to him?.
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Richard Oliver
2010 California Code
Evidence Code
Article 8. Clergy Penitent PrivilegesEVIDENCE CODE
SECTION 1030-10341030. As used in this article, a "member of the clergy" means a priest, minister, religious practitioner, or similar functionary of a church or of a religious denomination or religious organization. 1031. As used in this article, "penitent" means a person who has made a penitential communication to a member of the clergy. 1032. As used in this article, "penitential communication" means a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member's church, denomination, or organization, is authorized or accustomed to hear those communications and, under the discipline or tenets of his or her church, denomination, or organization, has a duty to keep those communications secret. 1033. Subject to Section 912, a penitent, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a penitential communication if he or she claims the privilege. 1034. Subject to Section 912, a member of the clergy, whether or not a party, has a privilege to refuse to disclose a penitential communication if he or she claims the privilege.
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37
The Governing Body WILL be sued in America collectively and individually in the near future!
by notsurewheretogo inso lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .
interesting stuff but no details!.
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Richard Oliver
I agree that in the Conti case that Watchtower did lose 2.8 million but the ruling is what mattered that they have no duty to warn or duty to protect. Also, a number of other cases even before the Conti case were won by Watchtower in the summary judgement portion. And the latest case is the Lewis case where again the court ruled that she could not prevail because Watchtower had no duty to protect. -
25
If an elder decides he wants to report child molestation to police.
by poopie incan he be sued for violating clergy pertinent privilege by the person that confesses to him?.
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Richard Oliver
The law defines what a member of the clergy is and what is privileged communication. It doesn't matter if someone views themselves as a member of the clergy or not, the law says that they are or not.
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37
The Governing Body WILL be sued in America collectively and individually in the near future!
by notsurewheretogo inso lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .
interesting stuff but no details!.
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Richard Oliver
Please explain how Watchtower did not benefit from the appeals ruling. Yes they lost 2.8 million but the court ruled that there is no duty to protect or duty to warn.
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25
If an elder decides he wants to report child molestation to police.
by poopie incan he be sued for violating clergy pertinent privilege by the person that confesses to him?.
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Richard Oliver
He could be sued for Clergy Malpractice. Also depending on how severe the violation is and if the court determines that the privilege prevents the use of that testimony, There is a possibility that any evidence that is derived from that report would be inadmissible. It is the fruit of the poisonous tree doctrine. It is more a rule of civil procedure than a matter that can be brought by a private action.
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37
The Governing Body WILL be sued in America collectively and individually in the near future!
by notsurewheretogo inso lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .
interesting stuff but no details!.
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Richard Oliver
Again name one case. I can name a whole string of cases that Watchtower won on summary judgment. And just as you say that Watchtower feared to lose the person who accepts the settlement may have feared to lose too. In the Conti case, in fact, it was a victory for watchtower. It showed that Watchtower did not have a duty to warn or a duty to protect.
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37
The Governing Body WILL be sued in America collectively and individually in the near future!
by notsurewheretogo inso lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .
interesting stuff but no details!.
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Richard Oliver
Religious abstention policy would come in effect with cases such as shunning and blood issue. A Church cannot be held responsible for what has said if it is in the promotion of their truly held religious beliefs.
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37
The Governing Body WILL be sued in America collectively and individually in the near future!
by notsurewheretogo inso lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .
interesting stuff but no details!.
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Richard Oliver
Other than the conti case please name a case where a jury found that Watchtower was liable for something and that it wasn't reversed on appeal.