>Subject: Re: McPherson Estate--Breach of contract case--jury finds for
>From: [email protected] (Deana M. Holmes)
>> The Estate of Lisa McPherson lost in a jury trial today in Tyler, TX. and
>> Scientology was awarded $230,000 plus in attorney fees in the breach of
>> contract case in Texas Federal Court.
>A little background: There was an attempt to add David Miscavige personally
>to the Lisa McPherson estate's case as a defendant. A Florida appellate
>court found last year that since Miscavige had never been served, he had
>never been added to the case, therefore Scientology was not to get the
>attorneys' fees they requested in defending Miscavige. (One has to ask why
>a tax-free organization is allowed to spend allegedly $331,000 to defend a
>person sued not in his corporate capacity, but as an individual. It seems
>In the meantime, the cult had started a similar action against the estate
>in Texas federal court, claiming diversity jurisdiction, since Dell
>Liebreich, the executor of the estate, lives in Dallas. Despite the
>appellate ruling from Florida, the federal court judge let this case go
>forward, and that is what was decided today.
>The jury did not give $cientology everything it asked for: Rosen's fee was
>cut in half, and it may be eliminated entirely upon motion to the court,
>since Rosen violated federal rules of civil procedure in bringing this
>case. Additionally, the Estate plans to appeal, since the Texas court does
>not have jurisdiction over the *estate*, which is in *Florida*. Moreover,
>in order to collect on this judgment, RTC and David Miscavige have to go to
>Florida and start an action in Florida courts, where there is already an
>adverse judgment against them. And it should be noted that the award is
>rather hollow, since the Estate has no funds.
>So, while court_report trumpets this as a Big Win, it really isn't very
>much at all, since it's highly unlikely that this award could be enforced
>This is all I know folks.
thanks for this clarification, Deana.