Thank you, Band! Appreciate your evaluation.
You can now download (pdf) Plaintiff's Response to WT's Request for a New Trial
On your link at the top, as soon as I clicked on it, I get a message that I had viruses and asked if I wanted to run a program to clean my computer. Like a dummy, I did so. My husband is now cleaning off the virus which was the program I ran to rid my computer of viruses. Apparently some jw got a virus in to that link, Barbara, just to inform you. I'm on hubby's computer now, so I won't click on the second link given, just to be safe.
Plaintiff's Response to WT's Request for New Trial:
To access the document click on "Register of Actions" in the far left-hand menu and scroll down to the very bottom.
It is dated 08/02/12
No downloading required.
I believe, this one above is ok. No dowload is required. I did a print out.
I am at a lost as to why the WT did not hire a better lawyer.
I agree. The WT lawyer did a very poor effort. His closing comments prior to the punitive damages award were an embarrassment. It reminded me of Boston Legal, with the WT being the less accomplished loosing legal team that gets torn apart by James Spader.
First ....THANK YOU Barbara
I am at a lost as to why the WT did not hire a better lawyer.?? That's what happens when ego get's in the way of logic.
And can I vomit now. Band suddenly has a change of heart regarding the WTS, Conti case and Rick Simons? It's about time.
Like so many that lose court cases, the Watchtower resorts to picking over technicalities of law and ignore the real facts of the trial.
I hope they do get a retrial..... and lose a billion dollars for it second time round.
You completely mischaracterize my statements. First, I wholeheartedly want Candace Conti to succeed. To be aware of legal issues that may impact the appeals process is NOT not supporting Conti's cause. Sometimes people here are so dense. Rick Simons may do excellent work. It does not mean he is automatically the wisest choice for anyone pursuing similar claims. Proof is in the pudding. We do not know the appeals decision. People here were extremely elated when the verdict was announced. I was elated. Americans tend to believe that the jury's verdict is the final step b/c TV depicts it that way. Juries have the final word with facts but not whether the law given in jury instructions was correct. Courts do that. Conti's case must follow all the legal procedures and obstructions that every legal case faces.
I don't know what will happen to people's emotions if Conti loses the appeal. Personally, I am with everyone here. Excuse me but some reallity was needed.
Despite Simon's brief, an appeals court may reverse the judgement. Whether or not the law was correct is the measure. Not which lawyer is better. I have no feel for California law. It differs in culture and concrete rules more than any other state. CA was not a common law jurisdiction. It was a Napoleonic code state. Spanish law existed for quite a while. Now, with Louisiana it is a blend of civil and common law, which makes the bar exam very hard for out of staters. CA has this long history of being the innovative legal state. So I have no clue on the merits.
I can't imagine that Simons thinks my comments outrageous or is hurt. First, he prob. has never read them. I suggest a policy of rejoicing and waiting for more good news is wiser than being too elated and then crash and crash hard. Candance may not understand if she reads here. Simon's competence was never in doubt. No one is the only one. He is a CA lawyer who has litigated many years. YOu develop instincts. One should also be aware how contingency fee cases work and even long standing problems with contingency fees. Are contingency fees bad? No, they serve a definite need. They help people with normal wealth to prevail and get justice. Life is not black and white as in Witnessland.
Sometimes I wonder if I live in the same galaxy with others here.
This made interesting reading and made me wonder why the society didn't put more effort into the appeal. It did remind me a little of the way they approach most things where they misquote and do not do thorough research. It would be nice to think that their appeal is dismissed but there is a saying that the law is an ass so nothing is guaranteed. Candace deserves to get this settled speedily and finally so she can move forward with her life.
Band your many posts of negative judgment calls (without knowing facts) and the air in which they were made speak for themselves. Also lumping Simon's along with money grubbing atty's.
"I don't know what will happen to people's emotions if Conti loses the appeal"?? What do you think will happen?! Conti along with everyone else will be upset naturally, then we will all go about our day and continue the fight.
But again, you have the right to exercise your Constitutional rights
On your link at the top, as soon as I clicked on it, I get a message that I had viruses and asked if I wanted to run a program to clean my computer. Like a dummy, I did so. My husband is now cleaning off the virus
FYI regarding the virus. My computer's security system alerted me that the document was contaminated with a virus...might want to use the Alameda Cty. link instead.
CA was not a common law jurisdiction. It was a Napoleonic code state. Spanish law existed for quite a while. Now, with Louisiana it is a blend of civil and common law, which makes the bar exam very hard for out of staters. CA has this long history of being the innovative legal state.
For those interested.. It's true that the CA. is legally innovative, and the Bar is hard, but not because of CA.'s legal historical roots. It's just a difficult, three-day test.
Nevertheless, the reference to the civil tradition is slightly incorrect. CA's civil code mostly reflects the common-law. It is unlike LA. which still contains some pretty significant portions of law that reflect the Napoleonic code, e.g., intestacy.
Civil law influences in American law
The American legal system remains firmly within the common law tradition brought to the North American colonies from England. Yet traces of the civil law tradition and its importance in the hemisphere maybe found within state legal traditions across the United States. Most prominent is the example of Louisiana, where state law is based on civil law as a result of Louisiana’s history as a French and Spanish territory prior to its purchase from France in 1803. Many of the southwestern states reflect traces of civil law influence in their state constitutions and codes from their early legal heritage as territories of colonial Spain and Mexico. California, for instance, has a state civil code organized into sections that echo traditional Roman civil law categories pertaining to persons, things, and actions; yet the law contained within California’s code is mostly common law.