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Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

Discussion in 'Leaks & Legal' started by pooks, Jun 24, 2009.

  1. tikk Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    This ruling couldn't have gone any better for Dandar. Merryday took his time and got the law right (in my opinion), though the precise issue has been so rarely litigated that it will likely be appealed to the 11th Circuit. Merryday saw right through Beach, even using the phrase "...Beach, acting on behalf of Scientology..."

    Aside from the smackdown on Beach, Merryday provided an additional public service by quoting the language from the settlement agreement at issue.

    The order goes on to state that Dandar is listed as a "party" to the settlement agreement, and this was the basis for Beach's rulings restricting Dandar under it. Wally Pope argued in the Tribune article that the question of whether Dandar is also bound by the agreement was addressed at the time and "heavily negotiated."

    Even if, for the sake of argument, Pope's statement is accurate and Dandar intended to be bound by the agreement, the matter is far from settled inasmuch as interpreting the agreement to include Dandar requires an illegal construction. Namely, Rule 4-5.6 of the Rules Regulating the Florida Bar:

    Merryday includes Beach's reasoning why Rule 4-5.6 doesn't apply, all of which are flatly unpersuasive. To wit, (1) case law developed regarding the scope of Rule 4-5.6 after the agreement was signed (ed.: so? this is less a reason than an observation); (2) & (3) Scientology would be harmed because they've thus far conducted themselves as if the agreement was valid (ed.: invaliding a clause within the agreement does not necessitate invalidation of the entire agreement; and (4) Dandar holds a personal and unreasonable animus against Scientology (ed.: Beach is a flat-out whore).
  2. Anonymous Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I understood: "Beach is a flat-out whore".
  3. Anonymous Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I quite like page 21-22. To paraphrase:

    "Dear idiot state court judge and others, because I can't, and I don't need to, I'm not going to ponder all the various issues that so obviously make what you're attempting a steaming pile of doodoo, even though it would be quite interesting to do so. Oh all right then... just off the top of my head, here is a list of nine reasons why you are a retard for not thinking through what you're trying on. * * * * * * * * *... And just incase I wasn't completely clear; Beech: you are manifestly and palpably stupid."

    Assuming the good Judge Merryday will be the trial Judge, I think it would be fair to say that managing to piss him off this much ahead of the trial might have the Scilon lawyers limping somewhat.
  4. subgenius Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Correct me if I'm wrong.
    a.The underlying case is still in the County court?
    b.Beach is likely to be taken off case, because, I assume he's too fucked up to recuse himself.
  5. tikk Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Which underlying case? The McPherson case was in state court and the Kyle Brennan case is in federal court.

    Beach's jurisdiction only extends to the McPherson case, which Scientology is attempting to wield collaterally to prevent the Kyle Brennan case from moving forward. Merryday put an end to those shenanigans today.
  6. subgenius Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I meant the Brennan wrongful death....ooops, I haven't been following closely enough.....flunk.....thought it was a state case...
  7. Anonymous Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Or did he?

    If there is to be another chapter, whatever TV court drama (or sitcom) manages to get a storyline around this to air first is gonna need a double episode.

    Things Beach have said make it pretty clear he doesn't think the federal court has the right to overturn his order. And he's obviously an obdurate bastard, unlikely to put his tail between his legs and whimper back to his kennel after receiving a slapping...
  8. Anonymous Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    This is good news. I understand legal is complicated, etc etc.

    But for the life of me, even with slippery sci involved, I do not understand how Beach got by doing what he did in the first place.

    I sincerely hope Kyle's mom finds peace, if not justice. But I can tell you in the court of public opinion in the Tampa Bay area, Beach's bizarro actions have only brought to light more Scientology well funded dark side. They've already lost, in that sense, but don't or can't even know it yet.
  9. sheeple Member

    re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Fed judge to state judge: Butt out of Scientology case[/QUOTE]

    Some great comments, example:

    Judge Beach has been retired for over ten years. He continues to serve in the capacity of "senior" judge and gets paid very well in addition to his $160K annual pension. Beach is raking in the dough. He is older than Mathuuselah and needs to step down.
  10. Triumph Member

  11. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Sorry, Tikk. Usually I agree with you. This time I FIFY.
  12. MenoBitch Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    It is a Merry Day indeed!
  13. OTBT Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Thanks for your clear, simple explanation.
  14. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Seconded Tikk, You rock so much!!!

    Your contribution is amazing! Thanks always!!
  15. Triumph Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Tampa Bay Online (Opinion)
    Scientology not to blame for Clearwater suicide
    By PETER MANSELL
    Scientology not to blame for Clearwater suicide

    comments are open

    Blame the psychiatrists Peter

    Peter Mansell is director of external affairs for the Church of Scientology Flag Service Organization.

    peter is a first class douchebag
  16. jensting Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    ^^^THIS

    Nice work, everyone

    Best regards

    Jens
  17. theLastAnon Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    1266114097512.jpg



    [IMG]



    So much win.




    .
  18. BLiP Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Legalese:

    Translation:

    Hey, Beach . . .

    [IMG]
  19. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    It occurred to me that while Dandar is probably quite innocent of breaching the agreement, since it bound him as a participant, rather than as a legal representative,

    but on the other hand, the cult has clearly breached the agreement, seeking to impose direct financial costs on Dandar as an individual via the state court.

    Something for next year perhaps...
  20. DeathHamster Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    The only thing better than seeing Beach get his head handed to him would be to see his ass handed to him in Round 2.

    Almost hoping Beach is stupid/greedy enough to try it...

    popcorn!
  21. Random guy Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    The legal expert in one of the reports wrote the verdict will most likely be appealed. It would be extraordinarily stupid of the cult to do so though.
  22. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    But stupid is what the cult excels in, so I expect an appeal.
  23. LocalSP Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    From Tampabay.com
    Federal judge tells Pinellas judge to back off in Scientology lawsuit - St. Petersburg Times

    TAMPA — A federal judge has ordered a Pinellas judge and the Church of Scientology to halt their efforts to severely punish Ken Dandar, a Tampa lawyer who is taking the church to court for the second time in his career.

    The action Tuesday by U.S. District Judge Steven Merryday involves Pinellas Judge Robert Beach, who has said he intends to impose a $130,000 fine on Dandar and possibly suspend his license to practice law.

    The reason: Dandar allegedly reneged on a legal promise never to challenge the church again after he sued Scientology and won a settlement in the 1995 death of Lisa McPherson.

    But in a stinging 29-page order, Merryday questioned the "stunning severity" of the fine and said Beach overstepped his authority. He "permanently enjoined" Beach, the church or anyone else from pursuing the matter, saying they couldn't even hold another hearing on it. More at link...
  24. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    So does this mean that the claims in the lawsuit aren't bogus anymore? Just sayin.
  25. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Isn't that for the court to decide? Just sayin.
  26. xenubarb Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Let's look at Peter Mansell's argument, shall we?

    Scientology not to blame for Clearwater suicide

    Mansell's title, 'Scientology Not To Blame..." says it all. Now let's rip his argument to shreds.

    1. The deceased young man never had anything to do with the Church of Scientology. He was raised in Charlottesville, Va., with his mother and stepfather, who, similarly, never had any connection to the Church of Scientology.

    The rest of the story, Kyle's father Tom Brennan is a hardcore, dedicated, thoroughly programmed and conditioned Scientologist. Mansell forgot to mention that.

    2. Your editorial suggests that the man died "while in the care of church members." As the record in the case clearly establishes, that statement has no basis in fact and goes beyond the outrageous false claims in the litigation.

    Yo, Peter. HE WAS STAYING WITH HIS SCIENTOLOGIST FATHER! Apparently Kyle was "in the care of church members," including his father and the Scientologists Tom Brennan took medical advice from before locking up Kyle's legally prescribed meds.

    3. The young man was never a Scientologist, never in the care of church members, never set foot inside a church property and tragically took his life when he was alone in a private residence.

    A private residence belonging to a Scientologist...nothing to see here, irrelevant, move along.

    4. Eleven months before his suicide, the young man was living with his mother and was treated by a psychiatrist in Virginia. He was diagnosed with social anxiety, for which the psychiatrist prescribed an anti-depressant. Pharmacy records show he did not take the medication as prescribed.

    How is this relevant? Are you saying the kid quit taking his medication, yet inexplicably carried it around with him? And how does this somehow excuse your cult members from confiscating his medication? Does Denise Miscavige Whatevertodayis have a medical degree which qualifies her to make such determinations?

    5. Less than two weeks before his suicide, the disturbed young man came to Clearwater to visit his father, who is a Scientologist, and the only "connection" to the church.

    Reread points 1-3 Peter, and explain how you just contradicted your statements with #5.

    6. Contrary to the claim of the Tribune that the father deprived his son of his "prescribed psychotropic medication," the undisputed record, supported by sworn testimony from law enforcement agents and others, shows the young man had stopped taking the medication by his own choice, for his own reasons (which had nothing to do with Scientology) and without any discussion or consultation with his father, before he ever arrived in Clearwater.

    Nonetheless, the issue is not whether or not Kyle was taking his prescribed medication. The issue is why Tom Brennan thought it was a good idea to confiscate and lock up these medications.

    7. In a display of incalculable insensitivity, anti-Scientology elements not only encouraged the mother to blame her distraught ex-husband and sue him for punitive damages, they also encouraged her to name the church as a defendant, despite the conclusive evidence from the police investigation that the death was an unfortunate suicide with no culpability by any other party.

    It's just one lie after another with you, isn't it Peter? Her "distraught" ex-husband was the one who locked up Kyle's meds and left him alone in proximity to a loaded handgun. WTF did he THINK was gonna happen? And why did he bail to California after Kyle's death? Did you really think we wouldn't find him? Well, we did, and he got served. Fleeing jurisdiction isn't the action of an innocent person. It's the act of a guilty jackhole who tried to avoid responsibility.

    Psych drugs don't kill. Stupid Scientologists who think they know better than degreed medical professionals do.

    It doesn't matter that the kid quit taking his meds as you assert. That does not excuse the Scientologists involved in locking up his meds. You are arguing apples in a citrus-themed catastrophe, and don't think people can't see that. Your credibility, and the credibility of the cult you rode in on, is shot.

    Scientology has cried wolf far too often for this to escape notice.
  27. Random guy Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Not to mention, if this has nothing to do with the cult, why does a high ranking cult spokesman feel compelled to come forward to point that out?
  28. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    That seems to me to be a pretty fair assessment of the situation. But I still have to ask, how is scientology legally culpable for what happened? I just don't see it.
  29. xenubarb Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    You don't see it.

    Have you read/watched/listened to the reams of anti-psychiatry crap spewed by CCHR and organized Scientology?

    Do you understand how they're deluded into thinking themselves the Authorities on Everything, including the mental health field?

    I see it quite clearly. Sup with you?
  30. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    So Scientology teaches people that psychiatric drugs are bad. Why does that make them legally culpable for the death of Kyle Brennan? Are people only allowed to espouse views which agree with the current state of medical knowledge? Now if someone told Brennan's father, point blank, take your kids' drugs away and make sure he can't get them because that's what sicentology teaches, that person might be somewhat culpable in what happened. But even in that situation I don't know how you go from that to Scientology being legally culpable.

    So in sum, how does Scientology's anti-psychiatry bullshit make them legally culpable in the death of Kyle Brennan?
  31. xenubarb Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    They're no more culpable here than they were in Jeremy Perkins' case. Or Linda Waliki. That is to say, the organization will never be forced to take legal responsibility for these deaths, but it certainly shares some responsibility.
  32. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    How do they share legal responsibility in this case though? That's what I don't see.
  33. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    You'd likely have a better idea if you'd read the pleadings and motion papers, on both sides. Upthread are Scientology's motion for summary judgment and just yesterday, the Brennan estate's response to Scientology's summary judgment motion, in which Scientology culpability, or lack thereof, are explored in depth.
  34. Triumph Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    well for starters..Dander didn't pull Denise Gentile's (David Miscaviges sister) name out of a Hat..and there is some circumstance for her being involved in the case..to have gotten this far there has to be evidence..and testimony to the relevance of her involvement and the charges against her. and the cult.

    also her position in the church is involved in an advisory capacity in way ..that is what would involve Scientology ..

    weather she was giving advice.. in Kyles dads home,over the phone..on in the Cult compound .. Kyles dad did ..consult with her..and asked for advice ..
  35. DeathHamster Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    There is weird shit for time to time where Scientology almost certainly involved, but it's hard to prove.
    The acceptable truth is that Ben Shaw knew nothing of the incident. (Now that Ben has blown, it would be nice if he'd illuminate some of these curiosities.)
  36. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    I've read them, and I think they're bogus. I was wondering if someone here could help me understand this. I'm figuring that I must be missing something here.
  37. Anonymous Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Bogus? Is that your synopsis and evaluation in it's entirety?

    I think you figure correctly, you are definitely missing something. I'm preety sure you won't be able to find it on the internet, though.
  38. Smurf Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    HERE COMES DA JUDGE.. Judge Robert E. Beach
    life_beach082608_34901c.jpeg

    Judge masters swimming and living - St. Petersburg Times

    He's ruled in favor of Scientology before..

    "In April 2002, a Pinellas County, Florida judge issued a court order enjoining The Profit from worldwide distribution for an indefinite period. According to the original court injunction received by Wikinews, the movie was originally banned because the court found that it could be seen as a parody of Scientology.

    In his April 20, 2002 ruling on the injunction, Judge Robert E. Beach of the Sixth Judicial Circuit Court in Pinellas County, Florida wrote: "...an average person viewing the film entitled The Profit could perceive that it is a parody of the Church of Scientology".

    "To the extent that any person considered as a potential juror in evaluating any issues involving the Church of Scientology, the process of voir dire provides a fair and complete remedy to eliminate any potential juror that may possibly have been influenced to be less than fair and impartial," added Beach.

    http://en.wikinews.org/wiki/Banned_film_'The_Profit'_appears_on_Web
  39. tikk Member

    Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Well, if you read them then surely you can come up with more intelligent questions than the rhetorical blather you posed.
  40. Re: Fed Judge ENJOINS FL judge in Kyle Brennan Litigation

    Likewise

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