Ken Dandar WINS!

Discussion in 'Scientology and Anonymous' started by amaX, Mar 2, 2016.

  1. amaX Member

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  2. Disambiguation Global Moderator

    Looks good right where it is.
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  3. Fantastic news!

    With any luck, the Law itself will survive even this sorry episode.
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  4. anon8109 Member

    Great news.

    Why did he win though? I don't understand the court's reasoning. It sounds like a technicality, not that
    he will be able to represent clients against the scientology corporation again.

    But now the state court of appeals says the Pinellas court should not have awarded damages in litigation that “previously dismissed its cause of action with prejudice.” So it has wiped out the judgment and has ordered the Pinellas court to dismiss the matter.
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  5. BigBeard Member

    It's great, but there's a potential "Gotcha!" buried in the judgement. Specifically:

    "Therefore, to institute a claim against Dandar, Scientology should necessarily be required to file a new circuit court proceeding. In response to Scientology's claim of damages, Mr. Dandar would be entitled to a trial by jury."

    So will $camatology risk a jury trial or not??

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  6. It reads to me as though, if scientology were again to attempt to enforce the agreement in the Lisa McPherson case (that he would not represent anyone against them in future) it would not be allowed by the courts - because they entered into a voluntary dismissal of the case with prejudice, which 'divests the court of subject matter jurisdiction'. But, IANAL.
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  7. amaX Member

    I tend to think that Scientology will not want a trial by jury in the Tampa Bay area, but they do make a lot of stupid decisions.

    This is a great weight lifted off of Ken Dandar's shoulders. He is no longer under the threat of losing everything.

    I would love to see Dandar be completely freed from being entrapped in legal bullshit with the cult, but this is a huge win for him. I am very happy for him.
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  8. The Internet Member

    This is good news. But because Scientology, I am guessing the CoS will drag this bullshit out for more years to come somehow.
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  9. The Wrong Guy Member

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  10. Ann O'Nymous Member

    Sounds nice.
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  11. The Tampa Bay Times now has the story.

    Appeals court rules in favor of Tampa attorney in years-long fight with Scientology

    * * * * * BEGIN EXCERPT * * * * *

    A state appeals court has dealt the Church of Scientology a blow in its efforts to collect a $1.07 million judgment from its long-time nemesis, Tampa lawyer Ken Dandar.

    The 2nd District Court of Appeal unanimously ruled Wednesday that a Pinellas County court had no jurisdiction to enforce a 2004 agreement between the church and Dandar. Though Dandar was found to have violated its terms, the appellate judges said the proper steps were never taken to formalize the agreement.

    Their ruling, if it stands, would wipe out a court order that since 2014 has allowed the church to garnishee the bank account of Dandar's law firm.

    Neither the church nor its attorney in the matter, F. Wallace Pope Jr. of Clearwater, responded to requests for comment.

    * * * * * END EXCERPT * * * * *
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  12. Quentinanon Member

    Probably not. It's much more difficult to coerce a civil jury than a judge. Although, the cult may opt to drag on litigation in an attempt to "ruin him utterly", but with the prospect of paying Dandar's costs at the end, perhaps not.
  13. Quentinanon Member

    Because both Wally Pope and the scientology crime syndicate were preoccupied:

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  14. amaX Member

    sweet sweet! :)
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  15. Lisa McPherson's horrific 'case handling' byScientology.......
    Ken Dandar at the 2:00 minute mark followed by despicable Scientology propagandist Mike Rinder

    Congratulations, Ken Dandar, thanks for standing up for the victims of Scientology. Scientology has done a better job of ruining itself utterly, you're truly a man of principle and integrity who has endured so many vicious, unwarranted attacks from this abusive organization.
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  16. Random guy Member


    Now it will be interesting to see if the cult want to drag this on to the supreme court.
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  17. RightOn Member

    if they are stupid enough...
    oh wait!
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  18. Thanks for the timely reminder of what a bunch of Nazi scientologists perpetrated against one of their innocent marks, LATEOTT.

    Nevar forget, Mike Rinder , the lies you told to save your own skin, the scripted smears against a decent man you spewed. There is no defence.

    Same applies to your predecessor, Heber Jentzsch. and to your successor, Tommy Davis. Your evil deeds will be remembered long after you're gone.
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  19. fishypants Moderator

    /r/ lawyer's analysis...
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  20. The Wrong Guy Member

    Ken Dandar wins again — is a new lawsuit next?

    By Tony Ortega, The Underground Bunker, May 12, 2016

    We’re still amazed at the turnaround in the fortunes of attorney Ken Dandar, who looked like he was never going to get out from under a $1 million judgment against him awarded to the Church of Scientology. But then an appeals court shocked everyone (including Dandar) when it vacated the award on a technicality.

    Scientology asked the appeals court for a rehearing en banc — meaning that the entire set of justices at the court would reconsider the matter — but that request was turned down Monday, affirming the earlier decision.

    Scientology had won the judgment against Dandar when it convinced a retired state judge, Crockett Farnell, that Dandar had violated a 2004 court settlement by taking on a new lawsuit against the Church of Scientology in 2009 on behalf of a woman named Victoria Britton, whose son Kyle Brennan had died in 2007 under mysterious circumstances. Scientology argued that in the 2004 settlement, ending a lawsuit over the 1995 death of Scientologist Lisa McPherson, Dandar had promised never to sue the church in the future. By representing Britton in her 2009 lawsuit, Dandar had broken that promise, the church argued to Judge Farnell. Dandar denied that he had made such a promise, and argued that it was against Florida bar rules to put such a “practice restriction” on an attorney. Nevertheless, he tried to exit Britton’s lawsuit as Judge Farnell ordered, but the federal judge handling Britton’s suit, Stephen Merryday, refused to let Dandar withdraw until he found a replacement. Because it took Dandar so long to find one — very few attorneys are willing to represent clients against the Church of Scientology — Judge Farnell awarded Scientology fees of $1,068,156.50 in 2014.

    Dandar tried numerous appeals, including in federal court, but it was a Florida state appeals court that said the judgment had been awarded improperly. If Scientology felt the 2004 settlement was violated by Dandar, then it should have brought a new lawsuit, and not simply gone back to the original McPherson lawsuit court and asked for damages.

    Now, the appeals court has refused to reconsider that decision, leaving Scientology with a choice. Either drop the matter or file a new lawsuit against Dandar.

    Dandar is no longer representing anyone against Scientology, and after he found a replacement and extricated himself from the Britton lawsuit it was dismissed by Judge Merryday for lack of evidence. What’s there to sue over at this point?

    But this is Scientology, and logic rarely comes into it. We left a message for Scientology’s attorney handling the matter, Wally Pope, asking if he plans to file a new lawsuit. We’ll let you know if he responds.

    Dandar tells us he does expect Scientology to file a lawsuit, and we’ll let you know if that happens.

    Source, and open comments:
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  21. Quentinanon Member

    Don't statutes of limitations on civil wrongs typically run out within 5 years? So, as the cause for action occurred in 2009, then the scientology crime syndicate had until sometime in 2014 to file suit, but they did not. If so, that means they no longer can seek a remedy against Ken Dandar.
    But, go ahead crazy cult, give more money to Wally Pope to keep him out of poverty.
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  22. DeathHamster Member

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  23. anonysamvines Member

    I'm happy for Ken.
    At least the garnish has to stop and monies returned for now.

    It will be interesting to see what happens next or not.
    Will Co$ just accept or fight?
    Will Ken ever take on another case involving Co$? Has he been ground down? (and no shame if he has. He has fought co$ and suffered for it more than most.). Has Co$, in fact, just made him more determined to fight them?
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  24. The Wrong Guy Member

    Scientology appeals $1 million loss to Florida supreme court, and Ken Dandar gets canny

    By Tony Ortega, August 3, 2016


    Just yesterday we were singing the praises of our sources, and once again we want to say a big thank you, this time to the extraordinary researcher Mary McConnell, who tipped us to some very interesting new documents in the ongoing saga of attorney Ken Dandar.

    In March, we reported the amazing news that Dandar miraculously managed to get out from under a million-dollar judgment against him awarded to the Church of Scientology under bizarre circumstances.

    It all goes back to 2004, when Dandar was involved in the settlement that ended a wrongful death lawsuit against the church brought by the family of Lisa McPherson, who Dandar was representing. Scientology claims that as part of that deal to end the lawsuit, Dandar promised never to bring another lawsuit against the church. But five years later, he did just that, helping Victoria Britton try to get her day in court over the disturbing death of her son, Kyle Brennan.

    Dandar ended up in an utterly strange tug of war, with the original McPherson court telling him to drop his representation of Britton or be fined, and the federal court handling the Britton lawsuit telling Dandar he couldn’t abandon his client. And even though Dandar did eventually hand over Victoria’s lawsuit to someone else, the McPherson court fined him a million dollars for supposedly going against his 2004 agreement, payable to Scientology.

    Got all that? It’s crazy, we know. Well, Dandar fought that judgment in numerous ways, all of which frankly seemed like longshots. But in March a Florida state appellate court decided that Scientology had gone about things wrong procedurally. Because the 2004 McPherson suit had been settled and dismissed, its court wasn’t in a position to award new damages, even if Dandar was in violation of the 2004 agreement. If Scientology believed that Dandar was in violation, the church should have initiated a new lawsuit, rather than try to revive a dismissed one. And so the appellate court wiped out the million-dollar judgment, much to Dandar’s relief.

    Since then, a couple of things have happened. Naturally, Scientology appealed that decision because it appeals everything. It has asked the state supreme court to review the appellate court’s decision, and we have a copy of the brief the church submitted. It’s pretty technical, which is usually the case with appeals, and it asks the state supreme court to look at other rulings that have gone differently on similar subjects, asking the court to reconcile what appears to be an inconsistency in the application of law.

    Still with us? Dandar, meanwhile, answered that filing with his own brief, sticking up for the appellate decision, naturally, and accusing Scientology of being cute with the facts of the case. He argues that the appellate court enforced the correct case law in the correct way.

    Meanwhile, as we wait for the state supreme court to rule on that appeal (and the court is currently on vacation until near the end of the month), something else interesting happened back down in the original state court that had settled the Lisa McPherson lawsuit and then, under retired Judge Crockett Farnell, saddled Dandar with the ruinous million-dollar judgment.

    Judge Farnell issued an order not only acknowledging the appellate court decision wiping out his previous judgment, but he went even further: He not only vacated the judgment, but even asked the court clerk to have it expunged from the record.

    It’s as if Scientology’s attempt to ruin Ken Dandar never happened.

    Dandar, recognizing an opportunity when he saw one, then attached Farnell’s order to a motion to the state supreme court, asking it to dismiss Scientology’s appeal as moot. How, after all, could Scientology appeal a case that didn’t even exist any more?

    We find that pretty clever, and, we hesitate to say it, somewhat Scientological in its cunning!

    Continued here, with dox:
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  25. The Wrong Guy Member

    Ken Dandar’s courtroom nightmare is finally over (unless Scientology starts it over from scratch)

    By Tony Ortega, August 24, 2016


    Finally, Ken Dandar’s bizarre Florida court tug-of-war, which at one point had him facing a $1 million dollar judgment awarded to the Church of Scientology, has finally come to an end.

    The Supreme Court of Florida declined yesterday to grant Scientology a petition to review the decision of an appellate court that reversed the million-dollar judgment, and so the case, which at one time had Dandar stuck between warring state and federal courts, is at an end.

    “This frivolous matter is finally over. It has been 12 years, and before two judges, who never had jurisdiction,” Dandar told us after sharing with us the news of the court’s final order.

    But even now he is cautious, and said he didn’t want to say more.

    And can you blame him? The case had Dandar caught in a bizarre Catch-22 which Scientology then used to convince a retired judge that it should be awarded the million-dollar judgment, a judgment Dandar admitted at the time was likely to ruin him and his practice.

    But he fought back with several different strategies, including the appeal which prevailed in March (and frankly, seemed like a longshot and stunned the hell out of us when it succeeded).


    We emailed Scientology’s attorney, Wally Pope, to ask if the church does plan to file such a lawsuit. We’ll let you know if he gets back to us.

    For now, though, Ken Dandar can breathe a sigh of relief.

    Here’s the brief document that ended this crazy case.

    More here:
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  26. amaX Member

    Congratulations to Ken Dandar on beating the cult of Scientology in court. The Good Guys win another one!
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  27. Ogsonofgroo Member

    More congratulations to Mr. Dandar, well played Sir!
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  28. RightOn Member

    finally some justice!
    Fuck the COS bully on the block!
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  29. Amazing perserverence, Congratulations, Ken, you certainly deserve some justice, well done....... l
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  30. The Wrong Guy Member

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