I am sure some do do that because they want to cash in on the hysteria or because they want to get back at someone or Watchtower. But is that a lot of people, I really doubt it.
Richard Oliver
JoinedPosts by Richard Oliver
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67
Any updates on the org's $4000 per day fine?
by The Searcher inhttp://www.sandiegoreader.com/news/2016/jun/24/ticker-judge-sanctions-jehovahs-witnesses/#.
it's heading towards $900,000 now..
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67
Any updates on the org's $4000 per day fine?
by The Searcher inhttp://www.sandiegoreader.com/news/2016/jun/24/ticker-judge-sanctions-jehovahs-witnesses/#.
it's heading towards $900,000 now..
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Richard Oliver
That is what the 4th discrict of the California appeals court has ruled. That is why, in the Lopez case the terminating sactions were reversed and was remanded back to the trial court with instructions. The court ruled that loach is not a manager, member of the board or have any legal authority over Watchtower and Watchtower has no authority over him. -
67
Any updates on the org's $4000 per day fine?
by The Searcher inhttp://www.sandiegoreader.com/news/2016/jun/24/ticker-judge-sanctions-jehovahs-witnesses/#.
it's heading towards $900,000 now..
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Richard Oliver
The question maybe, and the appeals court brought this up, is does the code require a sanction of 4000 and therefore under the 5000 threshold. Or does the code allow for a cumlitave total that is over 5000. The court made that response when Watchtower first appealed and they allowed Watchtower to respond and the accepted the response. The case has been docketed and Watchtower initial briefs are due in February.
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67
Any updates on the org's $4000 per day fine?
by The Searcher inhttp://www.sandiegoreader.com/news/2016/jun/24/ticker-judge-sanctions-jehovahs-witnesses/#.
it's heading towards $900,000 now..
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Richard Oliver
I never said that there is going one way or the other. But until the appeals court rules the proceedings are stayed, so the sanctions are stayed as well. The appellate court can reinstate the sanctions but it is up to the appeals court. It very well maybe a frivolous appeal but they are appealing as the law allows. The appeals court is not a selective court, if there is an appeal as defined by the code of civil procedure, the appeals court must hear it.
Again it maybe frivolous but the court of appeals for the 4th district has ruled that a non named third party who doesn't have control over the named party or is not under the authority of the named party cannot be compelled to give deposition or be compelled to testify. The Mississippi or Louisiana appellate court also recently decided that Watchtower has no control over CCJW and cannot compel either to testify in a civil proceeding.
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67
Any updates on the org's $4000 per day fine?
by The Searcher inhttp://www.sandiegoreader.com/news/2016/jun/24/ticker-judge-sanctions-jehovahs-witnesses/#.
it's heading towards $900,000 now..
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Richard Oliver
The trial court proceedings are on stayed. The order for sanctions are stayed because padron has received the watchtower documents, though redacted, so now it is up to the appeals court to determine how much padron gets and how redacted it is. According to California rules of evidence any sanctions over 5000 dollars can be appealed.
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67
Any updates on the org's $4000 per day fine?
by The Searcher inhttp://www.sandiegoreader.com/news/2016/jun/24/ticker-judge-sanctions-jehovahs-witnesses/#.
it's heading towards $900,000 now..
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Richard Oliver
Life is too short. I just stated the facts with no spin. Those are facts. The padron case is on appeal and there is a stay in proceedings at the trial court level. And the judge in the Lopez is hearing a motion for summary judgment and stayed the ex parte hearing on the sanctions. Just because you don't like the facts doesn't mean it isn't true.
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67
Any updates on the org's $4000 per day fine?
by The Searcher inhttp://www.sandiegoreader.com/news/2016/jun/24/ticker-judge-sanctions-jehovahs-witnesses/#.
it's heading towards $900,000 now..
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Richard Oliver
I am just someone who looks at court websites. U can look yourself. I also paid the 60 bucks for the Lopez filings for the protective order. If anyone wants them I am sure I can send them, I don't think they are copyrighted and there is no danger in distributing the ones I purchased
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67
Any updates on the org's $4000 per day fine?
by The Searcher inhttp://www.sandiegoreader.com/news/2016/jun/24/ticker-judge-sanctions-jehovahs-witnesses/#.
it's heading towards $900,000 now..
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Richard Oliver
And those are legitimate questions, at least the court thinks so, that in the Lopez case, Lopez asked for sanctions for the same violations. That court in Lopez has stayed their hearing until March for a fuller hearing and to hear Watchtower summary judgement argument in that one as well.
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67
Any updates on the org's $4000 per day fine?
by The Searcher inhttp://www.sandiegoreader.com/news/2016/jun/24/ticker-judge-sanctions-jehovahs-witnesses/#.
it's heading towards $900,000 now..
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Richard Oliver
The proceedings have been stated since Auslgust when the court of appeals accepted the case on appeals because of the sanctions. At question is if Watchtower can force CCJW to turn over their documents since CCJW is not a named party in the case. Also there is a question of what the court of appeals meant when they said in Lopez, third party information can be redacted. The question is can accused, witnesses, elders, Congregation and cities information can be redacted. Initial opening briefs are do in late February
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42
Baumgartner - Dr. Mark Morehart: State of Washington Appeal Court - aborted use of cell saver machine
by darkspilver infor information:.
court of appeals of the state of washingtondivision iidocket number: 48070-1file date: 01/24/2017.
keisha baumgartner appeals the summary judgment dismissal of her medical malpractice wrongful death claim against anesthesiologist dr. mark morehart and columbia anesthesia group, p.s.
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Richard Oliver
JeffT:
You are correct the court doesn't care about the little things. But nowhere in this case does this issue come up. The court ruled no standard of care by a reasonable medical professional was violated. The questions that the court answered was, did the doctor violate that standard on two different basis. The court ruled that because the doctor was behind the rest of the surgical staff that he could not reasonable overrule the announcement of the operator when the operator said that the machine was contaminated. The second was that the plaintiff's expert could not prove that a reasonable physician would order a cell salvage machine on standby based on this type of surgery. The court ruled that based on the standard of practice for a laparoscopic surgery such as this, that the device would only be needed if the field of view was obstructed so much that it required the installation of the machine.