Richard Oliver

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Posts by Richard Oliver

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  49

  ARC Case Study 54 - Witness List published for 10 March 2017

  by jwleaks in

  1. watchtower
  2. child-abuse

  http://www.childabuseroyalcommission.gov.au/case-study/10908a67-70c5-4103-94cc-dac096fdb585/case-study-54,-march-2017,-sydney.

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  Richard Oliver

  Yes Data-Dog how dare in a legal proceeding legal details come into play.
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  182

  The Danger of Settlements

  by Tech49 in

  1. jw
  2. friends

  i was pondering the recent influx of lawsuits against wt, specifically in regards to the child abuse cases (ie.

  conti, fessler, lopez, etc).. in each of these, wt has settled for an "undisclosed" amount, assumed to be in the millions of dollars each.

  i know there are many many more cases, subject for a different thread i'm sure.. i was reading something completely unrelated a while back that mentioned the dangers of settlement agreements for a large corporation or business (not just wt).

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  Richard Oliver

  A federal court that is hearing a diversity case, would rule in a like manner of how a state court would rule. So if there is precedent that a state appeal's court has decided, the federal court would rule based on that precedent. Of course if a federal court has ruled that a state law is unconstitutional then that would take precedence over a state court's ruling.
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  182

  The Danger of Settlements

  by Tech49 in

  1. jw
  2. friends

  i was pondering the recent influx of lawsuits against wt, specifically in regards to the child abuse cases (ie.

  conti, fessler, lopez, etc).. in each of these, wt has settled for an "undisclosed" amount, assumed to be in the millions of dollars each.

  i know there are many many more cases, subject for a different thread i'm sure.. i was reading something completely unrelated a while back that mentioned the dangers of settlement agreements for a large corporation or business (not just wt).

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  Richard Oliver

  Federal law does provide civil liability immunity if the report is made in food faith. But federal law on this is limited to crimes that took place on federal land or federal buildings.

  If you mean would the immunity from civil liability still apply in federal court? There are two ways a civil trial would be handled in federal court. One is if there is a federal question or the federal court is a party to the case. The second is if there is a dispute in citizenship, if the plaintiff and defendant are citizens of different states, and the value of the controversy is over 75000. If it is the second option, the court will generally rule in like manner of a state court in the plantiffs state, though the court wouldn't make a ruling that would be out of line of the federal rules.
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  182

  The Danger of Settlements

  by Tech49 in

  1. jw
  2. friends

  i was pondering the recent influx of lawsuits against wt, specifically in regards to the child abuse cases (ie.

  conti, fessler, lopez, etc).. in each of these, wt has settled for an "undisclosed" amount, assumed to be in the millions of dollars each.

  i know there are many many more cases, subject for a different thread i'm sure.. i was reading something completely unrelated a while back that mentioned the dangers of settlement agreements for a large corporation or business (not just wt).

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  Richard Oliver

  Montana:

  Anyone reporting any incident of child abuse or neglect as required by law is immune from any liability, civil or criminal, that might otherwise be incurred or imposed unless the person was grossly negligent, acted in bad faith or with malicious purpose, or provided information knowing the information to be false.

  South Carolina:

  If the family court determines that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to § 63-7-440, the Department of Social Services may bring a civil action to recover the costs of the department's investigation and proceedings associated with the investigation, including attorney's fees. The department also is entitled to recover costs and attorney's fees incurred in the civil action authorized by this section. The decision of whether to bring a civil action is in the sole discretion of the department. If the family court determines that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report, a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including actual damages, punitive damages, a reasonable attorney's fee, and other litigation costs reasonably incurred. It is unlawful to knowingly make a false report of abuse or neglect. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than $5,000 or imprisoned for not more than 90 days, or both.

  Idaho:

  Any person who makes a report or allegation of child abuse, abandonment, or neglect knowing the report is false, or who reports or alleges the same in bad faith or with malice, shall be liable to the party or parties against whom the report was made for the amount of actual damages sustained or statutory damages of $2,500, whichever is greater, plus attorney's fees and costs of suit. If the court finds that the defendant acted with malice or oppression, the court may award treble actual damages or treble statutory damages, whichever is greater.

  All other statutes states knowingly and intentionally. These three states lower the standard to a bad faith report. These are the criminal liabilities that are taken into account.

  The states of Arkansas, California, Florida, Illinois, Massachusetts, Michigan, Minnesota, New York, North Dakota, Utah, Vermont, West Virginia, Wisconsin, and Wyoming, do not provide immunity from civil liability for a false claim.

  The states of Alabama, Arizona, Colorado, Illinois, Iowa, Kansas, Louisana, Maine, Maryland, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tenessee, Texas, Utah, Washington and Wisconsin along with the US territories of Washington DC American Samoa and Guam, provides civil immunity for people who assist in an investigation of child sexual abuse.
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  182

  The Danger of Settlements

  by Tech49 in

  1. jw
  2. friends

  i was pondering the recent influx of lawsuits against wt, specifically in regards to the child abuse cases (ie.

  conti, fessler, lopez, etc).. in each of these, wt has settled for an "undisclosed" amount, assumed to be in the millions of dollars each.

  i know there are many many more cases, subject for a different thread i'm sure.. i was reading something completely unrelated a while back that mentioned the dangers of settlement agreements for a large corporation or business (not just wt).

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  Richard Oliver

  Approximately 29 States carry penalties in their civil child protection laws for any person who willfully or intentionally makes a report of child abuse or neglect that the reporter knows to be false.In New York, Ohio, Pennsylvania, and the Virgin Islands, making false reports of child maltreatment is made illegal in criminal sections of State.

  Nineteen States and the Virgin Islands classify false reporting as a misdemeanor or similar charge.12 12 Arizona, Arkansas, Colorado, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Missouri, New York, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, Virginia, Washington, and Wyoming. In Florida, Illinois, Tennessee, and Texas, false reporting is a felony; while in Arkansas, Indiana, Missouri, and Virginia, second or subsequent offenses are upgraded to felonies. In Michigan, false reporting can be either a misdemeanor or a felony, depending on the seriousness of the alleged abuse in the report. No criminal penalties are imposed in California, Maine, Minnesota, Montana, and Nebraska; however, the immunity from civil or criminal action that is provided to reporters of abuse or neglect is not extended to those who make a false report. In South Carolina, in addition to any criminal penalties, the Department of Social Services may bring civil action against the person to recover the costs of investigation and any proceedings related to the investigation. Eleven States and the Virgin Islands specify the penalties for making a false report.13 13 Connecticut, Florida, Louisiana, Massachusetts, Michigan, Oklahoma, Rhode Island, South Carolina, Texas, Washington, and Wyoming. Upon conviction, the reporter can face jail terms ranging from 90 days to 5 years or fines ranging from $500 to $5,000. Florida imposes the most severe penalties: In addition to a court sentence of 5 years and $5,000, the Department of Children and Family Services may fine the reporter up to $10,000. In six States, the reporter may be civilly liable for any damages caused by the report.14
  
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  49

  ARC Case Study 54 - Witness List published for 10 March 2017

  by jwleaks in

  1. watchtower
  2. child-abuse

  http://www.childabuseroyalcommission.gov.au/case-study/10908a67-70c5-4103-94cc-dac096fdb585/case-study-54,-march-2017,-sydney.

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  Richard Oliver

  Just because someone is considered an ordained minister by a religion doesn't mean that they are an agent of that religion. Look at ordained ministers who get their ordination to conduct marriage ceremonies online, they are not an agent of that church. Also look at NYC, Bethel reminds brothers that NYC requires those that perform marriages cannot be a layman but must be a leader of the religion as defined by their law. So just because your an ordained minister doesn't mean you are not a layman.
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  18

  QCS Telecom signs up with Allied Fiber

  by StarTrekAngel in

  1. watchtower
  2. scandals

  i don't recall seeing this come up after the document regarding qcs telecom.. leasing 288 miles of dark fiber is not cheap.

  in fact, it borders in the crazy.. http://www.alliedfiber.com/news/press-releases/qcstelecom-signs-20-year-lease-agreement-with-allied-fiber/.

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  Richard Oliver

  Apparently, people on here believe that this deal is a scandal and is nefarious in nature. Why do you think that Watchtower decided to make this deal?
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  182

  The Danger of Settlements

  by Tech49 in

  1. jw
  2. friends

  i was pondering the recent influx of lawsuits against wt, specifically in regards to the child abuse cases (ie.

  conti, fessler, lopez, etc).. in each of these, wt has settled for an "undisclosed" amount, assumed to be in the millions of dollars each.

  i know there are many many more cases, subject for a different thread i'm sure.. i was reading something completely unrelated a while back that mentioned the dangers of settlement agreements for a large corporation or business (not just wt).

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  Richard Oliver

  Fisherman:

  Just to be clear. In most states you cannot be held liable if you in good faith report it. Now not all states give this as a release from liability but the vast majority of states. But it does have to be in good faith. The privilege would prevent the information from being used in trial, and depending on the court and circumstances any information derived from that privilege conversation can also be inadmissible.
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  Alberta to end time limit on civil suits around sexual or domestic violence - Retroactive

  by berrygerry in

  1. watchtower
  2. child-abuse

  i hope any alberta wt victims sue the asses off of the elders in their jc and wt.. http://calgaryherald.com/news/local-news/alberta-to-end-time-limit-on-civil-suits-around-sexual-or-domestic-violence.

  edmonton - alberta is changing the rules to give victims of sexual and domestic violence more time to sue their abusers in civil court.justice minister kathleen ganley introduced legislation tuesday that will end the current two-year time limit on filing lawsuits to recover lost wages and other expenses, or for pain and suffering.instead, there will be no time limit on filing a lawsuit, and the legislation will be retroactive.“the decision to come forward is extremely personal and can be very difficult,” ganley said at a news conference at the sexual assault centre of edmonton before the introduction of bill 2.“survivors of sexual and domestic violence should be empowered to come forward on their own terms.“they should not be forced to come forward on the basis of a deadline imposed by the legal system.”the new rules will apply to sexual assault and sexual misconduct, as well as assault on children, dependents and partners.

  sexual misconduct includes stalking or sending inappropriate text messages or photos.the former two-year limitation normally begins when the assault occurs.debra tomlinson, chief executive of the association of alberta sexual assault services, said the civil action will “help lift that veil of silence” on violence.“it gives survivors the time they need to recover and heal from the effects of sexual assault trauma,” said tomlinson.the civil process is independent of the judicial one.

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  Richard Oliver

  Canada does limit their pain and suffering to 300,000 Canadian Dollars.
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  18

  QCS Telecom signs up with Allied Fiber

  by StarTrekAngel in

  1. watchtower
  2. scandals

  i don't recall seeing this come up after the document regarding qcs telecom.. leasing 288 miles of dark fiber is not cheap.

  in fact, it borders in the crazy.. http://www.alliedfiber.com/news/press-releases/qcstelecom-signs-20-year-lease-agreement-with-allied-fiber/.

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  Richard Oliver

  Is Patterson and Walkhill also by the IBM facility? Do you know the connection that IBM uses? Do you know if the same internet connection on one side of the lake is also on the other side? I work for a company that has several thousand locations doing tech support. There are plenty of instances that one site has a different internet option then the site that is directly across the street.

  I am not saying that the there are not any better options but it doesn't mean that they chose this option for nefarious reasons. I am sure there was a cost benefit analysis done and it was determined that this was their best option. It can't be that just because Watchtower did something that it is automatically a conspiracy.