California Supreme Court Case - S226656

by Gayle 164 Replies latest jw friends

  • Fisherman
    Fisherman
    As these appeals pile up, reducing the awards, whittle away at the benefit left after fees, both "victims" and their legal teams will be more reluctant to start action. If that is wt's aim, they choosing the right path, for the wrong reasons.

    What are you talking about prologos? Are you serious! Defendants are defending the action brought against them. Defendants have no aim. Defendants did not commence the action. Defendants aim is to defend the action brought against them. You may not like this, but, just as Plaintiffs have the right to access the Court system and to commence legal proceedings against Defendant, Defendant also has the right to defend.

    Appeal efforts to do not reduce award sums, the Court, after re evaluating and reviewing all of the facts and evidence decide. But that is what the Plaintiffs want, no? They want the Court to decide. That is why they brought the case to Court to begin with. They want the Court to look closer and closer at all of the facts because the closer the Court looks the better they look and the better off they are going to be. The evidence has not changed, the facts have not changed but the higher Courts are taking a closer look. Don't worry, that is what the Plaintiffs want.

    It is the Court and not the appeal that has reduced the judgment amount in this case based on the Court's review of the case. If the Court did not favor Plaintiff, don't blame the Defendant. But it tell you something about the lower Court's ruling. They were legally wrong. That is how the Court sees it and that is why Appellate lowered lower Court's award. You may not like it, but that is the law. No need to worry because now the Supreme Court is going to take another look at the case. That is what the Plaintiffs want, no? That is what I would want if I was in the right. I would not care about money, I would want justice regardless of the price. However, Plaintiffs agreed to deprive alleged child molester related to this case from being subjected to legal proceedings and having to show up in Court and be cross examined. Would you agree to that or would you demand that the person that you believed harm you or harmed your child be required to appear in Court?

    Defendants are doing nothing wrong by defending the action brought against them.They are helping the Plaintiffs by having the Courts take the closest look possible at everything and have the Court come to a decision based on exhaustive analysis of everything. That is what the Plaintiffs want. That is what I would want if I was in the right.

  • Fisherman
    Fisherman

    What do you like better?

    If an attorney learned that his client was a child molester should he violate confidentiality and turn him in or should he keep confidentiality or should you go and try to get a certificate again from special school by taking reading classes again? I'm not asking about the legality of a matter. I'm asking which course of action would be the worst course of action from a moral standpoint.

  • Vidiot
    Vidiot

    Fisherman - "What makes you think that church elders don't protect the flock without violating confidentiality?"

    Hundreds of reported cases in the news, indicating that the problem has become institutionalized and systemic within authoritarian, hierarchal religions...

    ...therefore, authoritarian, hierarchal religions are the problem.

    x

    Fuck "church law".

    x

    Kids' safety is more important than any church reputation, religious interpretations of scriptural law, or the personal confidentiality of individual members.

    Even if "church law" of "Biblical law" were being applied correctly in these instances (and IMO, they're not) It's become pretty damned obvious by now (particularly in the case of the WTS) that such "laws" are still woefully inadequate, "freedom of religion" notwithstanding.

  • Fisherman
    Fisherman

    F "church law".

    Is that what you think Not the US Constitution.

    t's become pretty damned obvious by now that current applications of "church law" (particularly in the case of the WTS) are woefully inadequate, "freedom of religion" notwithstanding.

    Says you, not the Court. What the Court says is law. What you say is drivel. This case is not about confidentiality. Read.

  • Vidiot
    Vidiot

    If "church law" fails to protect kids, it's inadequate.

    If secular law fails to protect kids, it's inadequate.

    If your precious American Constitution and it's "religious freedoms" fail to protect kids, it's inadequate.

  • Doubting Bro
    Doubting Bro
    If I were the WTS I would have appealed as well. The danger to them isn't necessarily the few millions they are going to pay out on this case, its the precedent that's been set and the future lawsuits they are concerned about. It will be interesting to see if the CA SC accepts the case. Seemed like the appellate courts ruling was pretty balanced.
  • Boeing Stratofortress
    Boeing Stratofortress
    VI, If you have been following news reports in the USA about people wrongfully incarcerated for many decades and the Prosecuting Agency "framing" defendants, after suing the state they barely got a couple of million.

    The above quote from Fisherman to Village.

    Fisherman uses selective quotation when it suits him. Ironically, this is also common practice amongst his JW brethren in the printing department, who are infamous for misquoting scientists, and twisting the facts.

    Take, for example, his condescending approach towards Village (above). Fisherman refers to news stories on false incarcaration and the limits on lawsuit payouts. Wow! Talk comparing two incomparables! I wonder where he learned THAT?

    With a little READING, he would see that, as of February of this year, no less than 12 (twelve) Roman Catholic diocese have filed bankruptcy due to child sex abuse lawsuits. A recent case involving the San Diego diocese resulted in a $198 MILLION dollar settlement. I'll say it again: a $198,000,000 USD payout. It's a bit more than the "couple of million" that Fisherman alludes to in his quasi-analogy using 'wrongful incarceration.' Yes, it was spread among 144 victims, but was enough to force this diocese into Chapter 11 bankruptcy.

    According to Fisherman, many of us on this site cannot 'READ.' I strongly suggest he swallow his arrogance and look in the mirror, before he loses further credibility.

    Here is a link to the news report on the Catholic diocese:

    https://www.revealnews.org/article/catholic-dioceses-declare-bankruptcy-on-eve-of-sexual-abuse-trials/


  • Vidiot
    Vidiot

    Doubting Bro - "The danger to them isn't necessarily the few millions they are going to pay out on this case, its the precedent that's been set and the future lawsuits they are concerned about."

    I heard that.

    Having the fines reduced isn't enough for them; they want a precedent set that'll completely immunize them from any pedo-related legal trouble in the years to come.

    From their perspective, that brass ring is totally worth the risk of having a higher court overturn the current outcome.

  • Vidiot
    Vidiot

    Boeing Stratofortress - "...before he loses further credibility."

    You mean he still has some?

  • Fisherman
    Fisherman

    no less than 12 (twelve) Roman Catholic diocese have filed bankruptcy due to child sex abuse lawsuits. A recent case involving the San Diego diocese resulted in a $198 MILLION dollar settlement. I'll say it again: a $198,000,000 USD payou

    Wow! I did not know that!. but the award amount is only 1.375 million per case. I see the cumulative effect , though. Bankruptcies too! Thanks for that info.The rest of your post is claptrap

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