Lawyer in Scientology case is stuck between state and federal judges

OHTEEATE

Silver Meritorious Patron
Chess

Look at it as a Chess Board. There is a game in progress. This is a move in a series of moves and the CofS is attempting to wipe Dandar off the board before he gets any REAL press or money on the table. Ken is aware it is just a move in a long game. I think he enjoys it; it's a challenge to take on the horde Scientology can muster. He isn't naive, I can tell you that much. There are quite a few ex'es lined up to help him out if and when it goes to trial. If he pushes it a little farther, the other side caves and settles. For millions. A relative of DM pulled psych meds from her PC's Son( through the father, her PC), who locked them up in his car. He left a loaded gun in the apartment where the kid was . Nice. Kid commits suicide. All MAA , OSA, Ethics files withheld under "religious priest/penitent priviledge". Convenient. Dandar knows right where they live. He knows how to get at the soft underbelly. He knows their weak spots. OSA is under intense pressure to make this go away. Bankrupting Dandar is just one chess move. CofS HATES Ken Dandar.
I know the DM twin sister. She is not hideous. She is a normal looking woman.
 

Zinjifar

Silver Meritorious Sponsor
the best result of this would be the contempt of court allegation against Dandar to be to be voided because his 'contractual obligation' per the settlement is unenforceable and violates public policy, leading to an unsealing of all court documents leading up to the settlement; leading to a public debate on the benefits of 'sealed' court documents in general and an elimination of any court enforcement of private gag orders, or any primacy of such sealings or settlements in other litigation; including criminal.

Zinj
 

Zinjifar

Silver Meritorious Sponsor
Oh, and, I respect Ken Dandar, but, that he actually signed on to a settlement that required that *he* never represent any client against the 'Church' of Scientology is not something worthy of respect.

Yes, his duty was to represent his clients *in their case*, but, this contract is whoredom and has no legitimate purpose in the Lisa McPherson civil suit.

Zinj
 

Lovinglife625

Patron with Honors
Hot off the press! If successful this motion will lead to all the state/federal conflicting orders being cleared up and the case proceeding:

http://www.scribd.com/doc/36820195/Plaintiff-s-Second-Emergency-Motion-for-Permanent-Injunction

Something for Miscavige, his OSA flunkies and their low-life attorneys to chew on.

The conflict only exists because of Miscavige's bad faith, the abusive Hubbard policies he follows to avoid justice and to ruin opposition utterly and the existence of low life attorneys willing to do almost anything for organized scientology's blood money. IMO

IMO the number of EXes lined up to help there be justice in this case, and what they can testify about will be overwhelming to organized scientology. Thus they desperately seek to derail justice in any way they can.

Kyle's mother wants justice. While there will never be adequate justice for the loss of her dear son Kyle, there can be a reckoning. And hopefully this motion will help lead to the case going forward and the reckoning approaching.
 

NeverMe

Patron
UPDATE ......

Federal judge suspends state judgment against lawyer in dispute with Scientology

http://www.tampabay.com/news/religi...dgment-against-lawyer-in-dispute-with/1119444

TAMPA — Scientology's most vocal local critic, Ken Dandar, faced disaster. A circuit judge had found him in contempt of court this week and assessed a judgment of $130,000 — to be paid to the Church of Scientology. Dandar might lose his car. He might even lose his law license.

All of that, he told a federal judge Friday, because Dandar isn't bowing out of a federal case against the church.

But the judge may have given Dandar a reprieve. And U.S. District Court Judge Steven Merryday warned Scientology's attorney that he wouldn't allow what he called "shenanigans" to interfere any further with the progress of the case against the church now pending in his court.

"I don't like being put in this position," Merryday told the church's attorney, Robert Potter. "When people start to squeeze, other people can squeeze back."

Merryday got Potter and Dandar to agree to stop all proceedings in state court — including the church collecting the $130,000 judgment — until both sides can present Merryday with full briefings and oral arguments.

However, Senior Circuit Judge Robert Beach, who found Dandar in contempt and levied the $130,000 judgment, said he isn't sure such an agreement can really halt what he's done. In fact, Beach said, he believes only a state appeals court could overturn his decision, not a federal judge.

"If I'm wrong, then the Second District Court of Appeal will tell me," the 80-year-old Beach said in a phone interview. ...................snip............
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"When people start to squeeze, other people can squeeze back." HeeHee !!!!:happydance: I loved that part.........

Don't forget to read the comments posted at the bottom of this article. They're very interesting, indeed.
 
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rhill

Patron with Honors
Oh, and, I respect Ken Dandar, but, that he actually signed on to a settlement that required that *he* never represent any client against the 'Church' of Scientology is not something worthy of respect.

Yes, his duty was to represent his clients *in their case*, but, this contract is whoredom and has no legitimate purpose in the Lisa McPherson civil suit.

Zinj

We don't know that he signed away his ability to represent a client against the church. For sure, that's what the lawyers representing Scientology want the court (and public?) to believe. Apparently Judge Merryday interpreted the agreement otherwise.
 

Type4_PTS

Diamond Invictus SP
The Tampa Tribune published an article with regards this case earlier today:
http://www2.tbo.com/content/2010/sep/21/na-in-court-with-scientology/



The Tampa Tribune

Published: September 21, 2010

The Church of Scientology is practicing its aggressive form of litigation management against a longtime legal protagonist who has twice represented clients whose relatives died while in the care of church members.
Lawyers for the church are using a secret settlement agreement in a state case to try to remove Tampa lawyer Ken Dandar from a federal case they claim has no merit.
They persuaded a state judge to order Dandar off the federal case. Trouble is, the federal case is a matter over which the state judge has no say.
The nastiness between the church and Dandar goes back 15 years when he first began representing the estate of Lisa McPherson. The notorious case, settled in 2004, involved a woman who died after spending 17 days in the church's care.
Currently, Dandar is representing the estate of Kyle Thomas Brennan, who killed himself in 2007 while visiting his father, a church member. Brennan's mother, the administrator of his estate, claims church members deprived her son of prescribed psychotropic medication and negligently left a gun in his reach.
According to the church, Dandar violated the terms of the McPherson settlement when he took on Brennan's mother as a client. Pinellas-Pasco Senior Circuit Judge Robert Beach agreed with the church and ordered Dandar off the Brennan case.
But when Dandar tried to withdraw, U.S. District Judge Steven Merryday, who is overseeing the federal case against the church, denied his request. His written order says neither Dandar nor his client wanted the lawyer removed.
The immediate consequence of Dandar's withdrawal would be to terminate the case, which, of course, is what the church wants.
Subsequently, and in an inexplicably closed hearing from which Beach tossed a St. Petersburg Times reporter, the judge cited Dandar for contempt and sanctioned him for not obeying the order to withdraw. In other words, he punished him because of Merryday's order. Beach then fined Dandar $50,000 plus $1,000 for every day he stays on the case - with all of the money to go to Scientology.
And the judge apparently threatened to revoke Dandar's law license, something he has no power to do.
It is difficult to come up with a charitable explanation for Beach's actions.
First off, he closed the hearing in which he sanctioned Dandar. The settlement agreement may have been confidential, but there is no reason to close a hearing to enforce the agreement. Moreover, even if there were reasons to hold the hearing behind closed doors, when it became a disciplinary action, it should not have proceeded under seal.
Second, the fines appear to be a way to coerce Merryday to yield, which he should not.
Beach has construed the McPherson agreement to mean Dandar, who was not only the lawyer in the case but also a party, would never sue Scientology again. Indeed, Dandar may have agreed not to sue the organization personally, but that should not have restricted his ability to practice law. An agreement to "disengage" from one case is not a promise not to sue in another.
Dandar has appealed Beach's sanctions to the 2nd District Court of Appeal in Lakeland. The judges there need to provide the clarity and transparency that Beach has failed to bring to the case.
 
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