I think that without a doubt it has legs at the trial court level. A jury will hold Watchtower liable. Though it would be interesting if it would survive on appeal following the trial court verdict.
Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo 64 Replies latest watchtower child-abuse
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Ruby456
So perhaps a fairly long drawn our process. On what basis would the wts appeal?
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Richard Oliver
I think that they could argue that violating the reporting statute does not rise to a private claim of action.
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Londo111
Don't give them ideas...
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Richard Oliver
The other ways to appeal would probably be. That the perpetrator was not an agent of Watchtower nor was any illegal actions conducted on Watchtower or Congregation property or during Watchtower or Congregation activities. Also, that Watchtower or Congregation did not have a duty to protect because there is no special relationship between Watchtower/Congregation and the accused or between Watchtower/Congregation and the victim. Watchtower/Congregation was not required to take responsibility of the victim nor did they voluntarily take responsibility of the victim.
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Ruby456
Thanks RO. I thought there was something wrong with the accusation of not reporting anyway because the rule seemed to apply to those who met certain criteria and watchtower seemed borderline - so if plaintiff lawyers are stretching this anyway it may turn out as you say
londo their lawyers r too well trained to give any attn to what is discussed here
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Richard Oliver
These arguments keep working when a case goes on appeal or when there is a motion for summary judgment. It is how Watchtower got the Conti case greatly reduced. The only thing that Watchtower was found liable for was assigning Conti with Kendrick for service and that there was the claim that abuse occurred during an official Watchtower activity.
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Richard Oliver
Case was settled out of court
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Ruby456
Oh wow - wonder how much for. Probably a confidentiality clause
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darkspilver
Looks like it's over.... apparently Stephanie Fessler decided to settle....
http://www.pennlive.com/news/2017/02/jehovahs_witness_sexual_abuse.html
Jehovah's Witness sexual-abuse-coverup lawsuit settled
February 13, 2017 at 2:37 PM, updated February 13, 2017 at 2:44 PM
PHILADELPHIA - A settlement agreement has been reached, but neither the victim nor the church she said failed to report her sexual abuse to the authorities can talk about it.
On the fifth day of trial Monday in Philadelphia County Court, Stephanie Fessler, of Lancaster, settled the suit she filed against the Jehovah's Witness Church in Spring Grove.
"The matter with the Jehovah's Witnesses has been resolved," her attorney, Jeffrey Fritz, said Monday.
And that was all he could say due to the confidential settlement agreement, which bars all parties from talking about the case or disclosing the amount of the settlement.
http://www.pennlive.com/news/2017/02/jehovahs_witness_sexual_abuse.html