Gayle: Simons addresses Watchtower's "technicality" arguments very well.
Candace Conti's Opposition to Watchtower's Motion for JNOV
by DNCall 27 Replies latest jw friends
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Gayle
Thank you, DNC,,glad to know. I can't wade through those pages, overwhelming for the likes of me. (almost 200 pages of legalese stuff on 8-2-12)
Any synopsis/synopses, I appreciate, any "Reader's Digest" style works for me..
That Simons won this to this level, has my full respect.
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cedars
Indian Larry
Can someone please post a link to Rick Simmons reply? – Thanks in advance!
To access the latest document, click on "Register of Actions" in the far left-hand menu, and scroll down to the very bottom.
Cedars
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Paralipomenon
I love seeing the Watchtower and Awake articles entered into evidence against themselves.
I also liked seeing them claim the jury was prejudiced against them when Mr. Simmons points out that they were part of the jury selection process and at no time during the trial did they raise question to the attitude or behavior of the jury.
I'm enjoying this! This is the best thing I've read in weeks!
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Band on the Run
I had trouble reading the docs listed. Basically, the WT is asking to have the jury verdict set aside b/c of irregularities and mistakes made by the trial judge regarding issues of law. The biggest issue I see is that CA did not have a mandatory reporting at the time of the incident and the judge refused to let the jury know this fact. They also argue that the punitive damage award is wrong and excessive. All the arguments are predictable. They have little chance of success in this motion.
Jury verdicts are rarely set aside. Again, the dispute does not seem to be with findings of fact but the law the trial judge decided to apply. I don't have time to investigate more. They are asserting every possible appeal which is usual form.
As I've noted before, the major problem I see is whether a legal duty existed for the Wt at the time of abuse. It is not a slam dunk case.
It would take countless hours just to read all the pleadings and research the basic concepts.
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AndersonsInfo
You can now download (pdf) Plaintiff's Response to WT Request for a New Trial:
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besty
Page 12 Line 24 Freudian slip:
"They quibble over Kendrick's abuse occuring 'after' or 'during' field abuse"
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Londo111
I noticed for 8/7, it says, "Stipulation and Order Re: Stay Enforcement of the Judgment Filed for The Watchtower Bible and Tract".
What does that mean?
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Band on the Run
A stay puts things on ice. The WT would not have to pay now. They will not want to pay until the trial court's work is upheld by the highest appellate court. It is very difficult to win a judgment not withstanding the verdict. It is much easier to win appeals. Perhaps the judge will stay it.
I laughed so hard when I read of the response of the WT lawyer to the mega punitive award. The case was very clear to a jury of peers. The WT lawyer had the gall to stand up and say the WT leaders were shocked, stunned. B/c WT leaders are always the relevant standard, not anyone us. I'm unclear whether he made a remark saying that Witnesses were not Roman Catholics in front of the jury or not. It is reasonable to predict that some of the court personnel, maybe even the judge, were Roman Catholics. If said in front of jury, it is virtually a certainty that Roman Catholics heard themselves disparaged.
I think that they are just going through the motions, crossing all the ts and dotting i's. The real legal work will start with the appellate briefs.
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Londo111
Thanks, Sis! I'm glad your here to translate this stuff!