I agree, the offer could have gone higher. I am speculating just like everyone else. But just as it may have been higher the chances that it was the same amount that was originally offered is there too.
Richard Oliver
JoinedPosts by Richard Oliver
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Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo innews bulletin: fessler versus watchtower – opening statements and motions in jehovah’s witness child abuse trial – day 1. .
posted on february 12, 2017. city hall, philadelphia, pennsylvania.
on a cold philadelphia morning the 7th of february, 2017, stephanie fessler walked into the court of common pleas of pennsylvania, first judicial district, civil trial division.
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Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo innews bulletin: fessler versus watchtower – opening statements and motions in jehovah’s witness child abuse trial – day 1. .
posted on february 12, 2017. city hall, philadelphia, pennsylvania.
on a cold philadelphia morning the 7th of february, 2017, stephanie fessler walked into the court of common pleas of pennsylvania, first judicial district, civil trial division.
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Richard Oliver
It could be that she was offered more money. It could also be that her attorney saw something that he didn't like in the case and decided that the best move was to get something rather than nothing. It could be any number of things, even including a decision in a separate appeals case that the attorney thinks that could affect this case.
Does anyone know if there was more than just opening statements given or was there any actual testimony given?
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Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo innews bulletin: fessler versus watchtower – opening statements and motions in jehovah’s witness child abuse trial – day 1. .
posted on february 12, 2017. city hall, philadelphia, pennsylvania.
on a cold philadelphia morning the 7th of february, 2017, stephanie fessler walked into the court of common pleas of pennsylvania, first judicial district, civil trial division.
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Richard Oliver
Watchtower made an offer before this even went to court. The Plaintiff rejected it and wanted to go to trial. So it is easy to assume that something changed on the plaintiff's side and not on Watchtower's side.
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Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo innews bulletin: fessler versus watchtower – opening statements and motions in jehovah’s witness child abuse trial – day 1. .
posted on february 12, 2017. city hall, philadelphia, pennsylvania.
on a cold philadelphia morning the 7th of february, 2017, stephanie fessler walked into the court of common pleas of pennsylvania, first judicial district, civil trial division.
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Richard Oliver
A motion must have went Watchtower's way and the plaintiff's attorney probably recommended getting something is better than getting nothing in the long run.
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Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo innews bulletin: fessler versus watchtower – opening statements and motions in jehovah’s witness child abuse trial – day 1. .
posted on february 12, 2017. city hall, philadelphia, pennsylvania.
on a cold philadelphia morning the 7th of february, 2017, stephanie fessler walked into the court of common pleas of pennsylvania, first judicial district, civil trial division.
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Richard Oliver
Case was settled out of court
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64
Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo innews bulletin: fessler versus watchtower – opening statements and motions in jehovah’s witness child abuse trial – day 1. .
posted on february 12, 2017. city hall, philadelphia, pennsylvania.
on a cold philadelphia morning the 7th of february, 2017, stephanie fessler walked into the court of common pleas of pennsylvania, first judicial district, civil trial division.
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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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Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo innews bulletin: fessler versus watchtower – opening statements and motions in jehovah’s witness child abuse trial – day 1. .
posted on february 12, 2017. city hall, philadelphia, pennsylvania.
on a cold philadelphia morning the 7th of february, 2017, stephanie fessler walked into the court of common pleas of pennsylvania, first judicial district, civil trial division.
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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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Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo innews bulletin: fessler versus watchtower – opening statements and motions in jehovah’s witness child abuse trial – day 1. .
posted on february 12, 2017. city hall, philadelphia, pennsylvania.
on a cold philadelphia morning the 7th of february, 2017, stephanie fessler walked into the court of common pleas of pennsylvania, first judicial district, civil trial division.
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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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Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo innews bulletin: fessler versus watchtower – opening statements and motions in jehovah’s witness child abuse trial – day 1. .
posted on february 12, 2017. city hall, philadelphia, pennsylvania.
on a cold philadelphia morning the 7th of february, 2017, stephanie fessler walked into the court of common pleas of pennsylvania, first judicial district, civil trial division.
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Richard Oliver
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.
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Day 1 - Fessler vs. Watchtower – Opening Statements and Motions in Jehovah’s Witness Child Abuse Trial
by AndersonsInfo innews bulletin: fessler versus watchtower – opening statements and motions in jehovah’s witness child abuse trial – day 1. .
posted on february 12, 2017. city hall, philadelphia, pennsylvania.
on a cold philadelphia morning the 7th of february, 2017, stephanie fessler walked into the court of common pleas of pennsylvania, first judicial district, civil trial division.
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Richard Oliver
There is some confusion here if Watchtower could ever claim privilege because they show that Elders are layman. Privilege is given to ministers as defined by state law and not what the religion considers so. In PA the state law for who is a minister is defined as:
§ 5943. Confidential communications to clergymen.
No clergyman, priest, rabbi or minister of the gospel of any regularly established church or religious organization, except clergymen or ministers, who are self-ordained or who are members of religious organizations in which members other than the leader thereof are deemed clergymen or ministers, who while in the course of his duties has acquired information from any person secretly and in confidence shall be compelled, or allowed without consent of such person, to disclose that information in any legal proceeding, trial or investigation before any government unit.
Even though the congregation views them as layman individuals the law does not see it that way. Just like Watchtower views themselves as a congregational religion the law has repeatedly viewed them as a hierarchical religion.
The court rejected the privilege argument, not because the court doesn't consider the elders as ministers but for two other reasons. First, was the discussion a confession because the elders were the ones that initiated the conversation and that it was not a freely expressed confession by the penitent. Second, the elder that was deposed did not preserve for the record during the deposition that he is claiming the privilege, he would still have had to answer the question during the deposition, but it would preserve the right to raise the question of privilege before the court later on.