NatureCriminal7896
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so what does this all means?
From what I've read so far about the new law, it doesn't seem to cover Robson's or Safechuck's situation at ALL. The law allows extra time for victims to sue the (alleged) perpetrator directly.....(NOT the Estate of the alleged perpetrator). It allows claims to be made up until the victim's 40th birthday, or within five years of recognition of psychological injury from the alleged abuse. Safechuck is 41. Robson is 37, however his "realisation" was in 2013, which is now six years ago. I think some media outlets will try to push this angle and make something out of it that just isn't there. The bottom line is that an appeal from Robson and Safechuck was already in the cards- the court is likely to rule that there is no new evidence that makes an appeal warranted, regardless of any new statute of limitations law.
PS Just a quick comment regarding 'statues' - Laws are statutes - as in 'statutory'.
Statues / Statuary is something that belongs in a museum or garden.
I know this. That's why I wrote statutes in my post.
I presume that you directed your "P.S." to members who unknowingly and repeatedly write "statues".
So, no news on this front?
We might have to wait until Nov 18th (oral arguments date).
I haven't seen any papers for this one yet- I'm sure fans will publicise them if they can get hold of them before 18th.
Why can't anyone hellbent on Jackson's guilt answer the question;
Why did Wade Robson lie about not knowing the Estate existed?
Because for them it doesnt matter. They wanna screw MJ and they will do whatever they can to do so. Sad but true.
They will try everything because they're bad people and all they want is money. I just want this to come to an end because this has already created sadness and anger to the people who love MJ.
People like this does not realize this kind of stuff will come back on them. In time, those 3 are going to turn on each other (Dan/Wade/Jimmy).
In their reply to Safechuck's appeal, the estate notes how ANYONE could've taken steps to warn and report upon learning of any supposed molestation history. Highlighting the absurdity of only going after MJ's companies (instead of their own parents, Blanca, LeMarques/Quindoys...)
The problem with Safechuck's copying-pasting pieces of his allegations direct from Wade's case can sometimes lead to a train station-like dilemma...
He alleges misconduct by MJJ Ventures in the 1980s for not protecting him / facilitating the abuse, but it did not exist until 91.
In LN, James and Wade both carefully omit mention of any living person to accuse of crimes, conspiracy or cover-up.
These are the estate's responses to the court's specific questions following AB 218 passing:
A. Applicability.
The estate concedes AB would allow late filing of claims if appeals aren't concluded by Jan. 1. This would eliminate partial—but not all—focus of appeal; with regard to 340.1(b)(2).
Estate reiterates that it would challenge applicability later as law evolves.
B. Other Issues (1)
Estate argues appellate court must affirm case dismissal if it is based on any other grounds stated in demurrer. This includes at least 4/6 other causes JS can't prove:
- Negligent Supervision
- Negligent Hiring
- Failure to Warn
- Breach of Duty
B. Other Issues (2)
Emphasis is placed on fact that appellate court can uphold trial ruling based on any other noted findings in the demurrer, whether or not the trial court intended the other (non time-related) findings to support the demurrer or acted upon them specifically.
C (1). Both Cases Related
Estate concedes that unlike JS, WR's demurrer is based only on statute of limitations (likely reversed via AB 218).
But since they both argue same causes of action, court should wait to rule on WR's until after JS' is decided, based on arguments above.
C (2). WR - Time Needed for New Discovery
Wade's case was litigated 4.5 years w/ less than 5 mo. left to try when summary judgment came. If remanded, estate needs time for new discovery relating to Wade's PR tour & LN etc. Appellate court should decide time options if remanded.
Yeah, I hear you and feel the same way, BUTTMZ is reporting that the judges issued a tentative ruling likely giving them new trials (based on the new law). Ugh, I'm so sick of this BS.
I don't believe so, because the Estate's present case with HBO is regarding the Contract only. Two completely different issues.Smooth72;4274636 said:The problem is the HBO case will be over before Robson/Safecuck trial starts. Won’t the Estate pretty much show there hand to Wade and Jimmy during the HBO arbitration?
Oral arguments have been completed and the cases are submitted to the panel of three judges for review.
It is expected they will now discuss and form an official decision in writing. Typically this can take another 1-4 months but may be accelerated due to the newly passed bill.
Oral arguments were consolidated but two separate decisions will be written by the judges.
Wade - Demurrer was based only on statute of limitations, it is likely to be remanded back to trial court.
James - other factors were also part of demurrer beyond statutes, estate argued.
Weitzman (TMZ): "The Appellate Court's tentative ruling is not on the merits of Robson and Safechuck's allegations and the Court in no way said that these cases will go to trial."
Weitzman is confident that the cases "will, once again, be dismissed as has happened before."