Possible Lawsuit for Josh

[silverspoons]

Add me to the PM list please!

I also believe there has to be additional victims. Once the locks were put on the doors, Josh still found ways around it. I can't imagine at Big Sandy he didn't find a way out of the tent or RV.

There was sexual abuse issue in my husband's church growing up and it was hush hush for years until my MIL (the type of women who meant was she said, If you hurt my kids Ill hurt you) suspected a church leader of and publically went after him in a loud way and it took that to make a bunch of people come forward.

I just feel there are at least several others being kept hush hush for years and it is not Josh's behavior but Jim Bob's brushing it off that it going to lead to them coming forward.

[socalrules]

I feel late to the party but I would like a PM too please.

[Handmaiden of Dog]

Came to the party late but I'd love it if someone with the dirty speculation dirt could slip me a PM, please.

[ShepherdontheRock]

DUH.....

I guess put it in AYTFJIMM and maybe PM those who can't see it. Or everyone else will have to wait until their post count is high enough.

[MayMay1123]

The o.p. that we all want a link from doesn't have 75 posts...and I don't think she has been back...

[NoShoesSuze]

I don't think anyone has answered your question, so I'll give it a shot.

First, if the Duggars had a personal liability policy at the time (my understanding is they didn't own a home at the time, but good real estate professionals should know the value of a tenants policy and most such policies also have a personal liability component), it's very likely that the cost of their defense would be covered by that policy. Any counts against Michelle and JB are likely to contain allegations of negligence, so that would be sufficient to get the whole thing defended (although not necessary "covered") for them individually by their insurance company. The same would be true for Josh, however, he's less likely to be accused of any negligence, and if not, his intentional acts would bar all insurance coverage, including a defense. Josh is not protected by the fact that he was a minor, however, his age may make negligence counts more likely, guaranteeing him a defense under his parents' personal liability policy. Assuming there is one.

The downside for the Duggars of accepting an insurance defense even though an insurance defense is free and unlimited, is they'd have to use an attorney appointed by their insurance company. That may not appeal to them.

Defending these things can very expensive if they are required or choose to hire their own counsel. And all three would need separate defense attorneys and any other named defendants would also require their own attorneys.

However, depending on who the victim is, the case could be dismissed very quickly. Despite what some news outlets are implying, if the victim is now over 21, the civil statute of limitations has run in Arkansas. Now there is a caveat. If the victim can prove she repressed all memories of the event or only recently began to suffer the effects of the assault, the court could allow her lawsuit to move forward. But the burden to prove this is on her, and depending upon how strong or weak her proof of this is, a good defense attorney could get her case tossed on a statute of limitations defense.

If the case is allowed to move forward, discovery goes forth, interrogatories are exchanged, principals and witnesses are deposed regarding their knowledge of the event, and the plaintiff (alleged victim) must prove her damages through testimony, medical and psychiatric reports, etc. After all of this is done, a court date is set.

If the case makes it to a jury, the jury sits through a trial and then decides whether the defendants were responsible for the counts alleged and what if any damages should be awarded. The defendants will all have separate counts against them, so the jury will decide the merits of the case against each defendant differently and award damages separately. For instance, they could find Michelle negligent for failing to supervise her son and award 10,000, and they could find Jim Bob liable for intentionally (and/or negligently) not getting his son help in time for this victim to be protected and award 50,000 to the plaintiff, and they could find Josh liable for the emotional distress he caused by intentionally molesting her and award 100,000 under the count against Josh. (All hypothetical counts and numbers.)

Insurance, assuming there is any, would only cover awards for non-intentional actions. So any awards for intentional or willful behavior would be the responsibility of the defendant him or herself.

The vast majority of cases like this settle ages before they make it to the jury. But depending on the plaintiff's motives, this is not always the case. Some people simply want their "day in court" and refuse all offers of monetary settlement. No one can force a plaintiff to take money to go away.

So it's a fairly complicated process. If the plaintiff is offered enough money up front and her attorney explains all of this (and more) to her,she make take it, sign a confidentiality agreement and go away and we'll never know the details.

To the bolded: wouldn't that be fairly easy in light of the national news interviews? As someone earlier said - maybe this brought out repressed memories/strong feelings. I am not a degreed law professional, so I have no idea, but the parents'/sisters' interviews brought up feelings for me and it doesn't seem to be a stretch to think it would for the NFV.

I also would like the link, but can wait til 75 posts if it does go to AYTFJ. Thanks either way lostfemme!

[lostfemme]

Hold up guys! I'm not going to reveal the source of these messages, mainly because I don't believe our "Harry" is prepared for a huge number of questions and Free Jinger members taking over the small discussion we are having. It would also compromise his source, who could lose his/her job, if any digging starts...and FJers are excellent diggers!

If everyone would rather I stop posting "Harry"'s insights, I'll be happy to. But for now, this is just a guy trying to contribute, in his humble way, to the well being of NFV. He is asking everyone to support her, even in her anonymity, on Twitter and Facebook, because she is reading those sources and others. I don't twit or face, so I decided to post here instead.

Again, nothing is 100% certain here but I don't get the *feeling* that "Harry" is faking anything. I don't feel right about sharing the uglier rumors right now, since I know bupkis about "Harry" or the other posters. Time will tell if their accusations are supported by evidence or other people who aren't anonymous.

Edit: cuz I'm still learning to spell.

[JenniferJuniper]

To the bolded: wouldn't that be fairly easy in light of the national news interviews? As someone earlier said - maybe this brought out repressed memories/strong feelings. I am not a degreed law professional, so I have no idea, but the parents'/sisters' interviews brought up feelings for me and it doesn't seem to be a stretch to think it would for the NFV.

I can't say how easy it is in Arkansas. But it is her hurdle to overcome not the defendants', who will immediate raise the statute of limitations as a defense and a bar to continuing proceedings against them.

Just saying, "It's in the news now!" probably isn't sufficient to extend the statute of limitations. She has to convince the court that she didn't remember the event(s) and/or did not suffer any emotional distress or physical manifestations of emotional distress over the event(s) until recently. I am sure it can be done, but it comes down to a judge making the call.

[Alicja]

Hold up guys! I'm not going to reveal the source of these messages, mainly because I don't believe our "Harry" is prepared for a huge number of questions and Free Jinger members taking over the small discussion we are having. It would also compromise his source, who could lose his/her job, if any digging starts...and FJers are excellent diggers!

If everyone would rather I stop posting "Harry"'s insights, I'll be happy to. But for now, this is just a guy trying to contribute, in his humble way, to the well being of NFV. He is asking everyone to support her, even in her anonymity, on Twitter and Facebook, because she is reading those sources and others. I don't twit or face, so I decided to post here instead.

Again, nothing is 100% certain here but I don't get the *feeling* that "Harry" is faking anything. I don't feel right about sharing the uglier rumors right now, since I know bupkis about "Harry" or the other posters. Time will tell if their accusations are supported by evidence or other people who aren't anonymous.

Edit: cuz I'm still learning to spell.

That's alright, lostfemme. Please do update us on what "Harry" says! All this new info is getting me excited :cracking-up:

[JenniferJuniper]

That's alright, lostfemme. Please do update us on what "Harry" says! All this new info is getting me excited :cracking-up:

I wouldn't get too excited. These are the internets after all.

[floridiot]

Ok I'll bite. Please send me one too.

[ClaraOswin]

Hold up guys! I'm not going to reveal the source of these messages, mainly because I don't believe our "Harry" is prepared for a huge number of questions and Free Jinger members taking over the small discussion we are having. It would also compromise his source, who could lose his/her job, if any digging starts...and FJers are excellent diggers!

If everyone would rather I stop posting "Harry"'s insights, I'll be happy to. But for now, this is just a guy trying to contribute, in his humble way, to the well being of NFV. He is asking everyone to support her, even in her anonymity, on Twitter and Facebook, because she is reading those sources and others. I don't twit or face, so I decided to post here instead.

Again, nothing is 100% certain here but I don't get the *feeling* that "Harry" is faking anything. I don't feel right about sharing the uglier rumors right now, since I know bupkis about "Harry" or the other posters. Time will tell if their accusations are supported by evidence or other people who aren't anonymous.

Edit: cuz I'm still learning to spell.

I definitely want you to keep sharing whatever you can. :)

Maybe just don't mention when you have juicier tidbits you CAN'T share. Because that kind of curiosity could kill me. Haha!

[Thorkim1954]

Hell, I don't post much, but love to lurk here. I didn't realize the shit would hit the fan quite this much, but my guess is that the worst is yet to come. I enjoy reading anything this Harry has to say as well. If it's possible, I'd enjoy a PM as well. This is ending up to be BIG! And not in a good way.

[awkwardblackchick]

i am also a noob here but I would like a link and pm if thats alright.

[usmcmom]

Hold up guys! I'm not going to reveal the source of these messages, mainly because I don't believe our "Harry" is prepared for a huge number of questions and Free Jinger members taking over the small discussion we are having. It would also compromise his source, who could lose his/her job, if any digging starts...and FJers are excellent diggers!

If everyone would rather I stop posting "Harry"'s insights, I'll be happy to. But for now, this is just a guy trying to contribute, in his humble way, to the well being of NFV. He is asking everyone to support her, even in her anonymity, on Twitter and Facebook, because she is reading those sources and others. I don't twit or face, so I decided to post here instead.

Again, nothing is 100% certain here but I don't get the *feeling* that "Harry" is faking anything. I don't feel right about sharing the uglier rumors right now, since I know bupkis about "Harry" or the other posters. Time will tell if their accusations are supported by evidence or other people who aren't anonymous.

Edit: cuz I'm still learning to spell.

Eh...I get it. Just post what you are comfortable sharing from "Harry." I think we all appreciate what you've added so far.

[lostfemme]

Another "Harry" tidbit from yesterday afternoon. Since all government offices are closed today, the news of the suit being filed wouldn't be exposed till Monday. I guess then we'll see about the credibility of "Harry".

"I am getting information now that the papers may have been filed late this afternoon. This will freeze all assets. Jill needs to be hit NOW with order for her to appear for discovery, deps or whatever else where her statements are needed. "

I'm not sure if Jill can be kept in the country before a judge deems the case worthy and the SOL issues are dealt with first. Maybe she could be served with an injunction to make herself available, no matter how many flights it would take, for a deposition whenever it might occur.

If Duggar assets would be frozen upon the filing of the suit, there has to be one kick ass attorney fighting for NFV. That sort of thing isn't automatic, is it?

[Becket70]

Please PM me with the link. Thanks.

[J.O.Y.nomore]

but there are too many hints that JB & Josh knew this was coming.

Hints like what?

[lostfemme]

Please PM me with the link. Thanks.

Not PMing anyone! Stop asking you silly people!

I say this with love :pray:

[goldfishgoddess]

PM me so I can sleep tonight :)

[JenniferJuniper]

Another "Harry" tidbit from yesterday afternoon. Since all government offices are closed today, the news of the suit being filed wouldn't be exposed till Monday. I guess then we'll see about the credibility of "Harry".

"I am getting information now that the papers may have been filed late this afternoon. This will freeze all assets. Jill needs to be hit NOW with order for her to appear for discovery, deps or whatever else where her statements are needed. "

I'm not sure if Jill can be kept in the country before a judge deems the case worthy and the SOL issues are dealt with first. Maybe she could be served with an injunction to make herself available, no matter how many flights it would take, for a deposition whenever it might occur.

If Duggar assets would be frozen upon the filing of the suit, there has to be one kick ass attorney fighting for NFV. That sort of thing isn't automatic, is it?

Hmmm. Freeze assets? Because of a newly filed civil lawsuit? No, I don't think so.

And no way would Jill "be hit now with an order to appear" for a deposition in a brand new lawsuit where at most she'd be one of the potential witnesses down the road.

Either this individual is confused or s/he is FOS.

[lostfemme]

Hmmm. Freeze assets? Because of a newly filed civil lawsuit? No, I don't think so.

Yeah, that's isn't how it goes, is it. We'll see if "Harry" is FOS. He might just be a victim of wishful thinking.

And no way would Jill "be hit now with an order to appear" for a deposition in a brand new lawsuit where at most she'd be one of the potential witnesses down the road.

Either this individual is confused or s/he is FOS.

[DGayle]

I'll eagerly be waiting for Tuesday, give some time for any filing to have a chance to become news.

If all their assets can be frozen, that might mean the court's concerned about them funneling money into different organizations to try getting off.

[Alicja]

I wouldn't get too excited. These are the internets after all.

You do have a point. Still, a girl can dream... :D

[lostfemme]

Hmmm. Freeze assets? Because of a newly filed civil lawsuit? No, I don't think so.

And no way would Jill "be hit now with an order to appear" for a deposition in a brand new lawsuit where at most she'd be one of the potential witnesses down the road.

Either this individual is confused or s/he is FOS.

Seems far fetched, doesn't it. We'll see. It could all be wishful thinking on "Harry"'s part.