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Kyle Brennan Case: Appeal filed by Luke Lirot, 16 February 2012

Discussion in 'Leaks & Legal' started by moarxenu, Feb 16, 2012.

  1. moarxenu Member

    Luke Lirot, attorney for the Estate of Kyle Brennan has filed an appeal in the case. The text has been posted at the collection Scientology Lawsuits: Kyle Brennan.

    The text of the appeal is here:

    Kyle Brennan Scientology Case - Appellant's Corrected Initial Brief 16 February 2012

    Luke Lirot is appearing on the God Discussion show this evening to discuss the case for the first time. The show begins at 6:00 pm Pacific/9:00 pm Eastern. Luke is scheduled to speak at the bottom of the second hour, 7:30 pm Pacific/10:30 pm Eastern. You can check the show page for information on listening in, calling in, and participating in chat.

    WWP thread is here for the show.
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  2. amaX Member

    BUMP FOR GREAT JUSTICE.
  3. Anonymous Member

  4. jensting Member

    Best Wishes to Kyle's family (all of it...) and to Luke Lirot.
    • Like Like x 2
  5. tikk Member

    My quick take on the appeal brief. [Kyle Brennan Scientology Case - Appellant's Corrected Initial Brief 16 February 2012]

    The essence of Lirot's argument is that Judge Merryday wrongly usurped the jury's role in deciding matters of fact at the summary judgment stage; a judge may only decide matters of law in a motion for summary judgment, and Merryday exceeded his authority at this stage by deciding matters of witness credibility and rejecting the jury's role in plausibly inferring the defendants' liability from the evidence presented. Where the two sides present conflicting evidence, summary judgment is inappropriate because the Federal Rules requires judges to consider the evidence in a light most favorable to the non-moving party. In other words, Merryday conducted the full trial in his head, rather than letting the jury decide whether, for instance, Lance Marcor's testimony was credible.

    Merryday seems to want to have it both ways; in his opinion dismissing Scientology's sanctions motion, he found that the case was not so meritless as to warrant sanctions against Dandar, but that it nevertheless required too many inferences to find the defendants liable. But the inferences are either plausible or they aren't--and if they aren't, then why not sanction Dandar?

    I'll have more to say after I read Scientology's response.
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  6. moarxenu Member

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  7. tanked Member

    On top of Lirot's 'To Do' list: "Hire a new typist."


    • Like Like x 2
  8. Albion Member

    Just posted a summary of the Kyle Brennan case
    to go with the appeal filed a couple of weeks ago.
    A lot of ground to cover as I'm coming so late to
    this one, but I hope I've got the essentials.
    Jonny Jacobsen
    Infinite Complacency
    • Like Like x 3
  9. Random guy Member

    Thanks for your summary, Jonny!

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