Do you think the WT could be held liable because of not carrying out its fudiciary duty towards it members by not taking reasonable precautions with the children safety in mind?
The Governing Body's Public Denial Of Being Easy On Childmolesters Will Hurt Them Big Time In Court
by Brokeback Watchtower 24 Replies latest watchtower child-abuse
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Brokeback Watchtower
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John Davis
As most courts have found that Watchtower doesn't have a fiduciary responsibility i think it is mute point.
Do they have a moral obligation certainly but legal and moral isn't the same thing.
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Brokeback Watchtower
So what do you think about the Zalkin law firm do you think they dot all their Is and cross all their Ts before going to court against the WT?
I would think they carefully screen these cases and only take the ones they hope to win. And do you think the WT will ever fork over those subpoena list of documents by a court order?
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John Davis
I think that any firm that uses the Watchtower over this should dot all their I's and cross all their T's. I wouldn't say that all of them do but certainly, most do. I think a pragmatic law firm will only take on the cases that they think is the most likely to have success, but does that mean that they think that all of the cases they take on will go to trial and a verdict? I don't think so. I think that some of those cases lawyers take on hoping to get a settlement and get out along with their cut. Remember a settlement requires both parties to accept the terms of the agreement. An attorney is obligated to present every offer to their client, but it is also up to the attorney of the plaintiff to make a recommendation. I do think that in a number of cases the attorney knew that they may have won at the trial court because they could win the sympathy, and rightly they should receive that sympathy, of the jury but I think they knew that they would lose on appeal when the Court solely looks at the letter of the law.
And actually, Watchtower has turned over the subpoena list of documents they did so in the Lopez case following the appeal and the issuance of the protective order by the superior court. The issue in the Padron case is how much can be redacted. In the Lopez case, the court found that all third party information can and should be redacted and in the Padron case that court went the opposite direction. So the appeal is mostly to resolve this question, at least in my opinion, of how to interpret the Appeals Court Decision in the Lopez case. In the Appeal's court decision it was ruled that Zalkin can go on a fishing expedition, but that they are not entitled to 3rd party information. So the question is what is third party information, is it the accused information, witnesses information or the victim's information, is it just one of those categories or is it a combination or an all of them.
I think that even in the ARC case Watchtower handed over their database, so it does indicate that Watchtower is willing to turn it over at least in certain circumstances.
Again I look at this from a pragmatic stance. Is what Watchtower has done is dispicable? I absolutely think so. But what I think and what the law says is two different things. I think that everyone thought that the number of cases following the initial Conti case was going to explode to hundreds if not thousands, but it hasn't, in reality, it has been dozens. And a lot of those have been issued with summary judgments in favor of Watchtower. I know that for a lot of people they were hoping that this would be causing the end of the Watchtower but I really doubt that. I
I know that for a lot of people they were hoping that this would be causing the end of the Watchtower but I really doubt that. I really doubt that the use of the courts is really going to break Watchtower or to stop shunning or a policy on Blood Transfusions. Again I am looking at this from a pragmatic stand point. Either people are going to leave the religion or they aren't, the goverment ain't going to shut them down or tell them what to do.
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sparrowdown
I for one don't think WT is anywhere near its "end." I think it's merely changing its format and moving towards a business model more like an online megachurch.
JD - Funny you say government won't shut down WT because accoring to WT's own Bible interpretation the Government will shut down all religion and then come for WT which we all know will be the excuse for armageddon.