That is one of the reasons that Watchtower is fighting to redact information from the reports. Zalkin says that the reason they want the file is to gather statistical data. Even the judge in the Pardon case asked Zalkin if they used a numbering system wouldn't that gather the needed information. Zalkin responded no, he says that the court cannot trust Watchtower in providing all the information that Watchtower may have. Watchtower says that Zalkin only wants the data so that he can fish for new clients. The court of appeals did say in California that a fishing expedition is legal. What Watchtower is saying int he Padron appeal is that third party personal information should be kept confidential, if the plaintiff wants statistical data they are entitled to that data but personal information they are not entitled too.
Richard Oliver
JoinedPosts by Richard Oliver
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182
The Danger of Settlements
by Tech49 ini 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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182
The Danger of Settlements
by Tech49 ini 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
If a lawyer works off of contingency it can be based on levels. Some lawyers will say if a lawsuit is awarded the first X number of dollars is at Y percentage, then the second set of dollars is at a different percentage and so on and so forth. So the attorney may be taking a number of different percentages at different award levels all for the same case.
Also, many courts require that plaintiff's at least attempt to settle the case out of court. This is because the back log of the American Judicial System. Also, there is non-binding and binding arbitration and mediation that many courts require plaintiffs and defendants to go through before a case can be docketed. Many times the arbitration and mediation would lead to an automatic non-disclosure agreement because it was not adjudicated in a court.
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221
Judge sanctions WTS - $4k per day penalty for not producing sex abuse documents
by Simon injudge sanctions jehovah's witnesses.
imposes $4000-a-day penalty for not producing documents in sex-abuse case.
by dorian hargrove, june 24, 2016. a san diego superior court judge has ordered the church of jehovah's witnesses, also known as the watchtower bible and tract society of pennsylvania, to pay $4000 a day for every day that it fails to produce documents requested in a civil lawsuit brought by former parishioner, osbaldo padron, who claims a church elder sexually abused him when he was seven years old.. in a june 23 ruling, expected to be made final today, judge richard strauss admonished the church for willfully ignoring a court order to produce all documents associated with a 1997 body of elders letter that church leaders sent to parishes around the world in a quest to learn about sexual abuse of children by church leaders.. over the course of the past year, the watchtower society and its lawyers have fought hard to keep the letter confidential, claiming that turning over the documents would infringe on the privacy of those mentioned in the letter that were not associated with the case.. in march 2015, the church turned over a heavily redacted version of the letter.
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Richard Oliver
Lopez also filed a motion for sanctions against Watchtower in the Lopez case. Lopez wanted an Ex Parte hearing on sanctions earlier but the Court decided that the motion for sanctions will be heard in oral arguments in April when the motion for summary judgement arguments will be heard as well.
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221
Judge sanctions WTS - $4k per day penalty for not producing sex abuse documents
by Simon injudge sanctions jehovah's witnesses.
imposes $4000-a-day penalty for not producing documents in sex-abuse case.
by dorian hargrove, june 24, 2016. a san diego superior court judge has ordered the church of jehovah's witnesses, also known as the watchtower bible and tract society of pennsylvania, to pay $4000 a day for every day that it fails to produce documents requested in a civil lawsuit brought by former parishioner, osbaldo padron, who claims a church elder sexually abused him when he was seven years old.. in a june 23 ruling, expected to be made final today, judge richard strauss admonished the church for willfully ignoring a court order to produce all documents associated with a 1997 body of elders letter that church leaders sent to parishes around the world in a quest to learn about sexual abuse of children by church leaders.. over the course of the past year, the watchtower society and its lawyers have fought hard to keep the letter confidential, claiming that turning over the documents would infringe on the privacy of those mentioned in the letter that were not associated with the case.. in march 2015, the church turned over a heavily redacted version of the letter.
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Richard Oliver
C. Failure to Timely File a Brief
1. Court notice. If an appellant’s opening brief or a respondent’s brief is not timely filed, the court will send a notice under rule 8.220(a) (civil cases), rule 8.360(c)(5) (criminal cases), rule 8.412(d) (juvenile delinquency cases), or rule 8.416(g) (juvenile dependency cases). This notice gives a party in a civil or juvenile dependency case an additional 15 days (rules 8.220(a), 8.416(g)), and a party in a criminal or juvenile delinquency case an additional 30 days (rules 8.360(c)(5), 8.412(d)(1)), within which to file the brief.
2. Failure to file in an ordinary civil or a criminal case. If the appellant’s opening brief is not filed within 15 days in an ordinary civil case from the date of the rule 8.220(a) notice, the appeal may be dismissed. (Rule 8.220(a)(1) & (c).) If the appellant’s opening brief is not filed within 30 days in a criminal or juvenile delinquency case, the appeal may be dismissed if the appellant is the People or is the defendant and is not represented by appointed counsel. (Rules 8.360(c)(5)(A)(i), (iii) & (6), 8.412(d)(1)(A)(i), (iii).) If the appellant is the defendant and is represented by appointed counsel on appeal, the court may relieve that appointed counsel and appoint new counsel. (Rules 8.360(c)(5)(A)(ii) & (6), 8.412(d)(1)(A)(ii).) If the respondent’s brief is not filed before the expiration of the time specified in the notice, the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant. (Rules 8.220(a)(2) & (c), 8.360(c)(5)(B) & (6), 8.412(d)(1)(B).)
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182
The Danger of Settlements
by Tech49 ini 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
When u are dealing with the law the details do matter.
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221
Judge sanctions WTS - $4k per day penalty for not producing sex abuse documents
by Simon injudge sanctions jehovah's witnesses.
imposes $4000-a-day penalty for not producing documents in sex-abuse case.
by dorian hargrove, june 24, 2016. a san diego superior court judge has ordered the church of jehovah's witnesses, also known as the watchtower bible and tract society of pennsylvania, to pay $4000 a day for every day that it fails to produce documents requested in a civil lawsuit brought by former parishioner, osbaldo padron, who claims a church elder sexually abused him when he was seven years old.. in a june 23 ruling, expected to be made final today, judge richard strauss admonished the church for willfully ignoring a court order to produce all documents associated with a 1997 body of elders letter that church leaders sent to parishes around the world in a quest to learn about sexual abuse of children by church leaders.. over the course of the past year, the watchtower society and its lawyers have fought hard to keep the letter confidential, claiming that turning over the documents would infringe on the privacy of those mentioned in the letter that were not associated with the case.. in march 2015, the church turned over a heavily redacted version of the letter.
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Richard Oliver
It could be any number of things. But it is common that wires get crossed when inside counsel has to work with outside counsel. It has to be relatively common thing for it to be put into the rules of the appeals court to give an additional 15 days from the notice.
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182
The Danger of Settlements
by Tech49 ini 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
No, the Conti case was not settled out of court. The case reached a verdict. Watchtower filed a motion to set aside the verdict, the verdict amount was lowered by the trial court. Watchtower appealed the case, and the appeals court lowered the damages down even further. The final amount is recorded in the Appeals court decision.
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182
The Danger of Settlements
by Tech49 ini 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
Conti case was not settled. The Lopez and Padron cases are ongoing cases and have not been settled. -
221
Judge sanctions WTS - $4k per day penalty for not producing sex abuse documents
by Simon injudge sanctions jehovah's witnesses.
imposes $4000-a-day penalty for not producing documents in sex-abuse case.
by dorian hargrove, june 24, 2016. a san diego superior court judge has ordered the church of jehovah's witnesses, also known as the watchtower bible and tract society of pennsylvania, to pay $4000 a day for every day that it fails to produce documents requested in a civil lawsuit brought by former parishioner, osbaldo padron, who claims a church elder sexually abused him when he was seven years old.. in a june 23 ruling, expected to be made final today, judge richard strauss admonished the church for willfully ignoring a court order to produce all documents associated with a 1997 body of elders letter that church leaders sent to parishes around the world in a quest to learn about sexual abuse of children by church leaders.. over the course of the past year, the watchtower society and its lawyers have fought hard to keep the letter confidential, claiming that turning over the documents would infringe on the privacy of those mentioned in the letter that were not associated with the case.. in march 2015, the church turned over a heavily redacted version of the letter.
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Richard Oliver
For Watchtower, there is the Worldwide Legal Department that falls under the Coordinator's Committee. The Worldwide Legal Department is overseen by Watchtower General Counsel Philip Brumley. Branches and country committees may or may not have legal counsel on staff. It depends on the size of the branch and how much legal issues may arise at some point. If you are a country with only a few thousand Witnesses it may not be worth the expense of housing attorney's at the branch. For branches and country committees that don't have dedicated attorney's they will hire lawyers as needed. In the US the is something like 15 in-house attorney's that work both for the US Branch and Worldwide Legal Department, it mostly depends on what type of work is being done and for who. There are a number of also remote volunteers and consultants who are witnesses and are attorneys that they will call upon to handle certain matters depending on their expertise and jurisdiction that they are allowed to represent clients in. Watchtower will also hire outside attorney's if a case needs specialized knowlege or if a case is on appeal and they find a lawyer with a lot of experience before a certain appeals court. -
221
Judge sanctions WTS - $4k per day penalty for not producing sex abuse documents
by Simon injudge sanctions jehovah's witnesses.
imposes $4000-a-day penalty for not producing documents in sex-abuse case.
by dorian hargrove, june 24, 2016. a san diego superior court judge has ordered the church of jehovah's witnesses, also known as the watchtower bible and tract society of pennsylvania, to pay $4000 a day for every day that it fails to produce documents requested in a civil lawsuit brought by former parishioner, osbaldo padron, who claims a church elder sexually abused him when he was seven years old.. in a june 23 ruling, expected to be made final today, judge richard strauss admonished the church for willfully ignoring a court order to produce all documents associated with a 1997 body of elders letter that church leaders sent to parishes around the world in a quest to learn about sexual abuse of children by church leaders.. over the course of the past year, the watchtower society and its lawyers have fought hard to keep the letter confidential, claiming that turning over the documents would infringe on the privacy of those mentioned in the letter that were not associated with the case.. in march 2015, the church turned over a heavily redacted version of the letter.
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Richard Oliver
And yes Fisherman. Watchtower did not file their initial brief on 2/24 as stated by the stipulation agreed by both parties. The court sent Watchtower a failure to timely file opening brief. The court of appeals rules that the appellant has 15 days from that notice to submit the opening brief or the case would be dismissed. If the respondent fails to submit their brief 30 days after the appellant's opening brief submission, the court can rule, just on the opening brief of the appellant.