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TEXAS JUDGE DENIES SCIENTOLOGY’S ‘ANTI-SLAPP’ MOTION IN RATHBUN SUIT

Discussion in 'Monique Rathbun' started by Emma, Mar 14, 2014.

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  1. Lone Star

    Lone Star Crusader

    Yes and we can largely thank the female lawyer who came in on Mosey's team during the December hearings who made that point very powerfully and clearly. Sorry I forgot her name.

    This may be the first domino to fall in the hopeful eventuality of Scientology losing it's religion official status. Sure, it's a very long line of dominoes. But there always has to be that first one! :yes:
     
  2. Lone Star

    Lone Star Crusader

    Be it known that the bolded below was first used by Wallace Jefferson when he was writing an opinion for another case as a Supreme Court Judge!!

    Judge Waldrip then turns to the church’s argument that the lawsuit violates its free speech rights, and we’ll have our experts dive into that in more detail. But a quick reading suggests that Monique has properly filed a lawsuit based on being injured, and that your freedom of speech rights end when you bodily injure another person.


    :biggrin: :thumbsup:
     
  3. Udarnik

    Udarnik Gold Meritorious Patron

    The judge thinks this. In the US system, in most cases, you have the right to a jury trial. So all this says is the judge agrees there is grounds to go on. The jury has to decide the facts, not the judge. That's why there is still a trial ahead of them.
     
  4. Wants2Talk

    Wants2Talk Silver Meritorious Patron

    CASE LAW builds precedent from which the court constructs (read phonetically as construes) later findings. This Order is HUGE! As you say...the first domino. The facts are not in dispute. Davey has handed us the big knife!
     
  5. Free to shine

    Free to shine Shiny & Free

    OK, thanks. :)
     
  6. Lone Star

    Lone Star Crusader

    It's hard to say which paragraph is my favorite in the ruling. There are so many great ones. Right now I'm loving #23 right above the Conclusion. It's clearly written for the Appeals Court. And very well written I might add. I think it's a professional, judicial, and even tactful middle finger to Cedillo and Jefferson. Especially Cedillo. But that is just IMHO.
     
  7. MrNobody

    MrNobody Who needs merits?

    Yeah!

    http://www.youtube.com/watch?v=HePap-v4j10
     
  8. Gadfly

    Gadfly Crusader

    I suspect that the Church of Scientology will pull out every stop possible to avoid a jury trial. We can probably look forward to MANY more motions, and BOXES of "evidence" for the judge to have to stay up many nights reading through. The judge will be OVERWHELMED with piles of paper!

    Overwhelm Tech - a key tactic of Scientology
     
    Last edited: Mar 15, 2014
  9. CommunicatorIC

    CommunicatorIC @IndieScieNews on Twitter

    Mike Rinder also mentions this in an article: Scientology Shitstormhttp://www.mikerindersblog.org/scientology-shitstorm/
    Excerpt:
     
  10. JustSheila

    JustSheila Crusader

    :OMG: This is terrific! :happydance: :dance2:

    CONGRATULATIONS TO ALL!!

    [​IMG]
     
  11. Gib

    Gib Crusader

    So, in essence, the COS just paid for Mosey suing them, the COS.

    :roflmao::roflmao::roflmao::roflmao::roflmao:

    that's gotta hurt DM. :laugh::laugh::laugh::laugh:
     
  12. Leland

    Leland Crusader

    GREAT lrh birthday present! Expansion of fight against $cientollgy.
     
  13. Gib

    Gib Crusader

    I also think it's the cheese, to hook people into scientology,

    just like the "creed of the church of scientology".
     
  14. MrNobody

    MrNobody Who needs merits?

    IANAL, but I guess for now they only have to pay for the Anti-SLAPP-motion part, no? :questions:
     
  15. Knows

    Knows Gold Meritorious Patron

    I love this part by Judge Waldrip:

    "AS Defendants, CSI, asserts and argues, Mark Rathbun's activity of offering Scientology services is a business.

    If so, the Churches own activity of offering services IS ALSO A BUSINESS!"

    "ACCORDINGLY THE EVIDENCE SUFFICIENTLY ESTABLISHES SCIENTOLOGY IS PRIMARILY IN BUSINESS TO SELL A GOOD OR SERVICE - be it religious or otherwise".

    Well, we will tell you Judge Waldrip - Scientology is not religious - not one little bit...it only convinces with manipulative techniques only found in Mind Control Manuals that it is so it does not have to pay taxes!

    Keep digging Judge Waldrip - you are spot on!

    Now that is one Oat Tea Judge!! He has total conceptual understanding of exactly WHAT SCIENTOLOGY IS...and he did not even do the "Basics"! :buzzin::dancer::lol::thankyou::dance3::hattip::goodposting::giggle::giggle::giggle::giggle::giggle::cheerleader::cheerleader::cheerleader::hifive::hifive::party::party::woohoo::woohoo:
     
    Last edited: Mar 15, 2014
  16. freethinker

    freethinker Sponsor

    You forgot to acknowledge Ms Hyman who pointed out in court that "they couldn't have it both ways" as to whether they were a Religion or BUSINESS.

    Otherwise, good post. :thumbsup:
     
  17. JGB

    JGB Patron

     
  18. Gib

    Gib Crusader

    the judge is aware of that, if you read the very end of the judges write-up. He says this all could be avoided or something like that.
     
  19. Karen#1

    Karen#1 Gold Meritorious Patron


    Oh my Goodness. Did the *Church* brace for IMPACT ?

    1. I read it cover to cover 2x. I see that the Judge went to extraordinary lengths to support his ruling to make it airtight so that it cannot be overturned on appeal. Judge Waldrip knows their *APPEAL* game all too well. *Writ of Mandamus* by Wallace Jefferson type tactic.

    2. This is the boomerang of marching into the Court with 22 lawyers fighting tooth and nail for blood with frivolous ludicrous arguments. You display your trump cards, show your thuggery and you educate the Judge to know your tricks so he can see what you are doing and he is forced to block you playing the same game at Appellate level.

    3. Did you see how he awarded Ray Jeffrey and his team ATTORNEY COSTS ??????? Imagine the emotions and feelings at OSA INT where they must not only pay their own lawyers but PAY good hard cash to Ray Jeffrey ????

    :hysterical::hysterical::hysterical:

    4. The Church has shown the world of litigation that its abusive litigation techniques, thuggery, lying to the Court, fudging the facts, presenting contrary facts. filing frivolous motions will erode the support of A-list top Gun lawyers worldwide. This ruling was humiliation, seeing right through their hot air and bogus shenanigans. It was a smack down which will make the law journals and be a forthcoming reference point~~
    How wild is that. Scientology Inc engages in constant humiliation and dear Karma retaliates..

    Today is happy day. Champagne toast to all readers:yes::yes::yes:
     
    Last edited: Mar 15, 2014
  20. Lone Star

    Lone Star Crusader

    Actually I did acknowledge her in a later post. But had forgotten her name. Thanks for giving the name. I was too lazy to look.