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-   -   the Navajo abuse lawsuit against the church (http://www.cougarguard.com/forum/showthread.php?t=29809)

MikeWaters 08-23-2016 04:56 PM

the Navajo abuse lawsuit against the church
 
SLTrib had an article saying that subpoena of Pres. Monson had been put off due to other legal considerations.

But assuming the suit goes forward, and then the judge rules that Pres. Monson must be compelled to testify.

Does the church settle to avoid this?

SeattleUte 08-23-2016 06:11 PM

Quote:

Originally Posted by MikeWaters (Post 321977)
SLTrib had an article saying that subpoena of Pres. Monson had been put off due to other legal considerations.

But assuming the suit goes forward, and then the judge rules that Pres. Monson must be compelled to testify.

Does the church settle to avoid this?

A judge should not allow that to occur. There's a legal theory called the Apex Doctrine that says, in part, you don't get to depose the CEO unless you can show he or she has non-cumulative, unique personal knowledge. This is why you don't see CEOs of Microsoft and Apple deposed all the time. It's a good doctrine as usually the CEO doesn't have a lot of personal knowledge about issues in suits, and the depositions are attempted only to gain leverage or to vex. I doubt TSM knows anything about the Navajo cases' facts.

MikeWaters 08-23-2016 07:24 PM

Good to know.


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