Judge Denies Church Motion to Dismiss!

[consiglieri]

Today, Judge Kimball denied the LDS Church's motion to dismiss McKenna Denson's lawsuit based on statute of limitations.

https://fox13now.com/2018/08/13/judge-d ... ssion=true

The headline is causing confusion because it states, "Judge Dismisses Woman's Sex Abuse Lawsuit Against Ex-Missionary Training Center President."

While this much is true, and the judge did dismiss all claims against Joseph Bishop (that much seemed sure at the outset); none of the claims against Joseph Bishop were within the statute of limitations.

But as to the Corporation of the President of the Church of Jesus Christ of Latter-day Saints ("COP" in the opinion), all of the plaintiff's theories but one were dismissed; and the one remaining is the one that seemed most likely to survive; that of "fraudulent concealment."

All McKenna needed was one theory to survive to proceed with her lawsuit. And that is what happened today.

Congratulations to McKenna and her attorneys!

All the Best!

--Consiglieri

[slavereeno]

[Rob4Hope]

McKenna....rock on!

Sock it to em those lying bastards! (I hope this doesn't get pulled. I'm just saying how I feel).

[wtfluff]

From the article:

Vernon has said he would like to depose some high-ranking church officials as part of the lawsuit.

Sniff, sniff... What's that I smell? Yup, it's a settlement.

No way any of those cowards (officials) will give in to being deposed.

[Reuben]

For anyone in Europe (Fox 13 site isn't GDPR-compliant, so it's refusing to serve pages):

https://kutv.com/news/local/judge-dismi ... xual-abuse

We respect Judge Kimball's decision. We look forward to the discovery phase of this case.

Took the words right out of my mouth.

Consig, how much of discovery will we know as it happens? How public is it?

[jfro18]

Good to know where some of my wife's tithing money is going to go.

[GoodBoy]

From the article:

Vernon has said he would like to depose some high-ranking church officials as part of the lawsuit.

Sniff, sniff... What's that I smell? Yup, it's a settlement.

No way any of those cowards (officials) will give in to being deposed.

Being sued and losing money is one thing that seems to get the Q15's attention. Here's hoping they take this lesson to heart and make some changes.

[Hagoth]

[moksha]

The decision seems rather politically astute on Judge Kimball's part. Side with the Church and you will not feel the brunt of their displeasure. Side partially with McKenna and you are still serving the interests of justice. A substantial win and continued esteem in Utah together with and a partial win without constant accusations of handing down a judicial blow job from those not of the faith.

[Corsair]

It's not the most satisfying outcome, but the church will not want any public spectacle on these proceedings. Proving fraud is not an easy path, but the church might lose in the court of public opinion if not in the actual court of law. However, no matter the outcome I absolutely foresee a long, rambling explanation on Fair Mormon in the near future.

[2bizE]

What type of precedent does this set for future lawsuits?

[moksha]

What type of precedent does this set for future lawsuits?

That if you must sue the Church do it outside of Utah and Idaho.