9/24/14: Rathbun v. Scientology: Appeals court hearing, everything on the line

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9/24/14: Rathbun v. Scientology: Another appeals court hearing, this time with everything on the line.

Tony Ortega: Rathbun v. Scientology: Another appeals court hearing, this time with everything on the line
http://tonyortega.org/2014/09/24/ra...earing-this-time-with-everything-on-the-line/

Excerpts:
This time, however, the entire ball of wax is on the line.

The court today will hear arguments from both sides regarding Scientology’s appeal of its anti-SLAPP motion, which was denied by Comal County Judge Dib Waldrip.
As usual, we’ll have observers in the courtroom, and we’ll try to get a reaction from Ray Jeffrey as soon as the hearing is over. A decision from the appeals court could take a month or more.
Please see Tony's article for more information, including the COS Bench Book and Time Line Chart.
 
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In looking over the time line - the actions by Monique are minimal - it's Marty Marty Marty - when it's not Brousseau and Montalvo. I mean, why are they there? Did Marty secretly corrupt them and somehow coerce them to bring him hard drives? Man, if they isn't Scientology motivator think, what else is? This clearly has Miscavage written all over the document - it paints a picture of his paranoia - and his fear of Marty.

This also shows she was collateral damage in their war against Marty - will the judges see that?

God, I hope the judges find for her.

Mimsey
 

JBWriter

Happy Sapien


It it took a year, but the Appellate Court finally issued their decision today - Motion DENIED.
Link to Opinion and terrific summary here: http://tonyortega.org/2015/11/06/scientology-denied-texas-appeal-shot-down-after-yearlong-wait/

Guess Chairman Maoscavige is mighty peeved today. Heh.

JB
 

Karen#1

Gold Meritorious Patron
Here's the essence of why this so important and significant.
The appellate court ruled that their actions were not "Protected" under the 1st amendment.
How sweet to hear it out of the mighty judges in this high court.

This is case law for subsequent law suits.

Mad deranged Squirrel Busters have no 1st amendment protection.

Hurray for this ruling even though they pondered over all the specious arguments of their $1000 an hour Lawyers. AND purchased and bought the former Lamont Jefferson, brother of the former chief justice of the Texas Supreme Court, who was hired with Cult blood money specifically for this type of APPEAL.

Losers !

Criminal Cult deserves some Karma blowback.
 

Jump

Operating teatime
It it took a year, but the Appellate Court finally issued their decision today - Motion DENIED.
Link to Opinion and terrific summary here: http://tonyortega.org/2015/11/06/scientology-denied-texas-appeal-shot-down-after-yearlong-wait/

Guess Chairman Maoscavige is mighty peeved today. Heh.

JB

Tony provides great coverage again:
However, we expect that attorney Leslie Hyman will point out on Monique Rathbun’s behalf that Marty, Monique’s husband, is not the plaintiff in this lawsuit. Hyman and Ray Jeffrey and Monique’s other attorneys have repeatedly argued that although Scientology wants to make this a First Amendment fight between people who disagree, Monique actually filed her lawsuit as a person who has never belonged to the church, and who was fed up with the surveillance and harassment of Scientology operatives.

And later:
Hyman stated that in fact, the infliction of intentional emotional distress was so obvious on its face, it qualified as felony stalking — and she read the criminal statute that defines it.

Definitely worth a read...
http://tonyortega.org/2014/09/24/ra...earing-this-time-with-everything-on-the-line/
 

Cat Daddy

Silver Meritorious Patron
I have had faith in Marty and Monique from the day Marty started his Blog (As KittyKatSpanker at first with a link to my BDSM account)


SO:

1379527512006.jpg
 

Cat Daddy

Silver Meritorious Patron
About Damn Time!!!!

Oh well....they got it right so they can be forgiven for taking over a year! :clap::clap::clap::clap:


:dancer:

I must say dear fellow, Texas must be the only state in America I honestly respect. (Not regarding the Bush Royal family)
 

Lone Star

Crusader
I must say dear fellow, Texas must be the only state in America I honestly respect. (Not regarding the Bush Royal family)

Thanks. The Bushes aren't from Texas though. They're from New England. They're blue blood Brahmins.

(Dubya is the most Texas I guess since he did grow up here. But I tend to think he phonies up his accent though. I grew up here and I don't have an accent as thick as his, and I didn't spend my summers at Kennebunkport, Maine like he did).
 

Free to shine

Shiny & Free
Oh this is good.

It’s sometimes difficult to get a read on where an appeals court really stands on a case, since most appeals involve wordy analysis of explicit, sometimes opaque legal questions, which questions are often a bit afield from the underlying facts. But the Texas Third District gives away the game in footnote 10, citing a recent Texas Tech Law Review article on the virtues of the TCPA entitled “Bullies Beware: Safeguarding Constitutional Rights Through Anti-SLAPP in Texas.” The appeals court remarks that “n light of the Scientology Defendants’ attempted use of the TCPA as a shield to protect the type of conduct alleged in this case, we find the title of that article ironic.”

The irony of Scientology hiding behind a shield meant to bring bullies to heel is a point I and many others made the minute Scientology brought its motion. Because, yeah, ironic bullies indeed.
http://tonyortega.org/2015/11/06/scientology-denied-texas-appeal-shot-down-after-yearlong-wait/
 

Lone Star

Crusader
There is a silver lining to the 3rd District Court taking over a year to render their decision:

Scientology is white hot in the press right now! This decision is going to get a lot more coverage due to the release of Going Clear and Remini's book, of course the book just being released days ago. Leah is still on a massive promotion tour. She will now be asked about her opinion of the Rathbun case.

I can see Scilon's attorneys asking for a change of venue.....to another planet. LOL...

Probably Target 2.
 

Cat Daddy

Silver Meritorious Patron
What I get out of it, Texans are like Dutch people. Never agrea with what you are are told.

Texan judges. Beautifull bitches they are.

There is a silver lining to the 3rd District Court taking over a year to render their decision:

Scientology is white hot in the press right now! This decision is going to get a lot more coverage due to the release of Going Clear and Remini's book, of course the book just being released days ago. Leah is still on a massive promotion tour. She will now be asked about her opinion of the Rathbun case.

I can see Scilon's attorneys asking for a change of venue.....to another planet. LOL...

Probably Target 2.
 

JustSheila

Crusader
Re: Texas Court of Appeal Decision in Rathbun v. Scientology


This is written succinctly and in point-by-point detail with prior case notes as references throughout. There is no confusion of terms, of whether laws can be broken if you call it 'freedom of religion' or 'freedom of speech.' These judges are clear on exactly what these terms mean and what expression of free speech means as well. No double-talking Scn attorney threw them off track. These judges put some work into this. :thumbsup: They've clarified things that Scn has used for decades to confuse other judges. It is well documented, researched and very, very clear.

Congratulations, Monique. :hug: I didn't know how thoroughly you were harassed until I read the details of this. You never deserved to be hassled like this and I hope you win all the way with it very, very soon.
 

Lone Star

Crusader
Re: Texas Court of Appeal Decision in Rathbun v. Scientology

This is written succinctly and in point-by-point detail with prior case notes as references throughout. There is no confusion of terms, of whether laws can be broken if you call it 'freedom of religion' or 'freedom of speech.' These judges are clear on exactly what these terms mean and what expression of free speech means as well. No double-talking Scn attorney threw them off track. These judges put some work into this. :thumbsup: They've clarified things that Scn has used for decades to confuse other judges. It is well documented, researched and very, very clear.

Congratulations, Monique. :hug: I didn't know how thoroughly you were harassed until I read the details of this. You never deserved to be hassled like this and I hope you win all the way with it very, very soon.

Yeah, I think that the chances of overturning this at the Supreme Court level are practically nil. I think more than ever that they'll pass on even hearing it, which is an automatic trip back down to Comal county with the wonderful Judge Dib!!

Oh Dib!!! We're comin' back baby!!!

(Did he just groan?...Lol...)
 
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