Committee for Class action Lawsuit

by lettib74 13 Replies latest jw friends

  • Finally-Free
    Finally-Free

    If you're trying to sue them for shunning, then I hope you don't win. As long as they have the right to shun me then I have the right to shun them as well. I wouldn't want to live in a world where anyone had a legal right to impose their association on me against my will.

    Someone who truly loves you will not withdraw affection because someone else tells them to. Anyone who shuns you under such circumstances is not an asset in your life, but a liability. You're better off without people like that. Accept it, pick up the pieces, and move on. Develop a "family" of friends with whom you have something in common that goes beyond mere DNA.

    W

  • DT
    DT

    I wish you the best. We need people who continue to probe for weaknesses and vulnerabilities in the Watchtower Society.

    However, I'm confused by your strategy. I would be delighted if I'm mistaken, but I'm not sure that a class action lawsuit is a productive step at this time. It seems to me that a class action lawsuit involves much more work, but can be dismissed just as easily as single case, perhaps even easier because the court is likely to look at the basic factors that the group has in common rather than the exceptional circumstances of individuals.

    I don't think a class action lawsuit is likely to succeed until certain precedents are established. I would think it would be more effective to try to establish these precedents with a single case that is very strong. I like what you are doing and don't want to discourage you. It's good that you have formed a committee. It just might be more productive to choose your best case from the group and support that person. It would be a difficult process and the person could really benefit from the help. If they succeed, a class action lawsuit might then be practical. If not, then at least there was a much smaller investment. Please remember that I'm not qualified to give legal advice. If I'm mistaken in my assumptions or reasoning, I hope someone will let me know.

    I suspect that a case like this might have a chance of success. Someone is baptised as a minor before the change in baptism questions. Later, the baptism questions change and the person is disfellowshipped while still a minor. The individual can establish significant harm and show that the shunning involved family and perhaps that alienation of parental affection. I think a court would have some trouble justifying throwing the case out without a hearing because of the human right issues that conflict the assumption that an organisation can practice religion without interference.

    I want to say something about shunning. In my opinion, shunning is a basic right and should be protected. No one can or should be forced to not shun someone. I don't think this is a defense of Watchtower policies. The question isn't whether members have the right to shun people. The question is whether the Watchtower society has the right to use it's massive resources, threats, and deception to enforce shunning on individuals. If shunning is a right, then free association should also be a right.

    I believe the Watchtower Society is using unlawful means to inhibit this right of free association. Suppose Bill Gates has a grudge against me. That's fine. He has the right to avoid and shun me. It would be crazy to think of suing him or even the entire Gates family if they share his opinion of me. If, however, he starts to slander me in the media and threatens any of his employees with termination if they talk to me or even say hi, then I probably have cause to sue and go after a sizable portion of his assets. The employees would probably also have a good case for suing. The Watchtower Society is a bully and is using an unfair advantage to trample the rights of those who are shunned or are currently members and should have the right to associate freely with friends and family without undue interference.

  • truthsetsonefree
    truthsetsonefree

    Remember that many families shun because WT tells them to. The GB could stop much of this simply by changing their rules.

  • rebel8
    rebel8

    The problem is you haven't stated on your site what legal basis you have for this.

    There is no need to rehash this debate again, just check the 44321995640543895743946785634781563481054547328956473 threads started here on the same topic. Also please note there are some ex-jw lawyers/posters here who have stated suing for shunning is not legally viable.

    To be blunt--until you have a new/different/legally viable strategy in mind, it's not something I would consider involving myself in.

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