Joshley Madison Pt 8: Are We Still Talking About This?

[nelliebelle1197]

This explains the emergency flight to take Josh out of rehab and back to Arkansas last week.  The real shame is that Anna's money is at stake, too.  Anything that was acquired/earned during the marriage, except by gift or inheritance, belongs to them jointly.  She could lose everything, including the house, cars, jewelry, etc.  They may have to file for bankruptcy if there is a judgment they cannot pay.  Also, if they lose the suit, they will have to pay the plaintiff's attorney fees (at least $100 per hour).  

They won't have to pay legal fees if she wins. And where on earth can you find a lawyer for $100/hr? 1978?

[JenniferJuniper]

.

A hooker feeling icky after having sex with a john does not equal a legitimate civil action. If it did, we'd have very few hookers with very few customers. Hiring a lawyer does not mean you have hired good lawyer.

 

You'd be surprised what constitutes a "legitimate civil action" in the Philadelphia Court of Common Pleas. 

Josh will get out of this via a summary judgement motion if he can prove he wasn't at the club in question on those dates.  Otherwise discovery is likely going forth.  Unless Pops comes up with enough dough to end it quickly.

[allthegoodnamesrgone]

As much as I want to LOL and watch the Duggar's go down,  this prostitute is trying to take money from 4 kids and a woman who have done NOTHING wrong.  She got paid for her services she can't cry harm now, honestly if I were Josh, I would let this go to court, she's got nothing, she went back a 2nd time knowing what he was into. And Kak, this IS opportunistic, she's looking for her 15 minutes and a quick pay out. 

 

[nelliebelle1197]

That's the exact wording on the petition the same attorney used in a civil case in Pennsylvania and he was awarded attorney fees.

Are you a lawyer? Because relevant statutes, jurisdictions and courts vary in regard to legal fees. There is no blanket "because he is filing in PA, he can collect legal fees" rule out there. Is this a federal suit? Is there a statutory cap on fees? Does the area of the law allow for legal fees? Pulling a few a statutes off google does not mean you know what you are talking about.

[JenniferJuniper]

And Kak, this IS opportunistic, she's looking for her 15 minutes and a quick pay out. 

Maybe she's been following the Duggars for a long time.  They know all about money for nothing. 

[lascuba]

Eh, the wife in question chooses to play the part of the good wife and stand by her man (and probably still self-righteously criticizes other women who don't make her choices)....I don't get all the concern for her. 

[allthegoodnamesrgone]

Maybe she's been following the Duggars for a long time.  They know all about money for nothing. 

If he didn't have a wife and 4 kids dependent on what little money they have left I would be all for this frivolous lawsuit.  

[CorruptionInc.]

I have no idea what to believe about Smug anymore. I didn't think he could abuse his sisters, yet he did. I didn't think he'd cheat on his wife, yet he did. I don't know if the Porn Star wants money or if she suffered real abuse. Nothing would surprise me anymore. Smug is scum but Danica could be the girl who cried wolf for some money. I don't doubt Josh was probably rough with her though...

[Kelsey]

Can you pay for lap dances via credit card? I mean he used his cc for Ashley Madison so he might have used it to pay the $600 fees to the club. Seems like it might not be too hard to at least place him with her during the time frame mentioned. 

Of course, that doesn't prove that he battered her during the consensual sex.

[Cleopatra7]

If he didn't have a wife and 4 kids dependent on what little money they have left I would be all for this frivolous lawsuit.  

But odds are, most people involved in lawsuits have dependents, so Josh isn't remarkable in that regard. I don't know if this is a shakedown or not. America is known for being a land full of frivolous lawsuits, so it's not out of the question. But Josh should have known this was a possibility the moment he started going to strip clubs and meeting up with porn stars. Just being seen in a shady place could have set him up for blackmail or something else. The only person hurting Anna and the M'kids is Josh and what he himself did, not Danica. Yes, Danica works in the sex industry, but that doesn't mean she can't be injured or have her rights violated while on the job. I would hope that we don't live in the Middle Ages where a prostitute isn't allowed to say no, simply because she is a prostitute. I don't claim to know all the facts in this case, but I don't like it how the immediate concern that comes to many peoples' minds is that Danica shouldn't sue because of the M'kids. Josh should have thought about the M'kids before he began cheating, lying, sneaking around, and using money that should have been spend on his children maintaining Ashley Madison accounts.

[Whoosh]

I am trying to keep up here, but falling behind.  People remember who OJ Simpson is, right?  That guy who was found not guilty on all charges and then lost the civil suit?  Why can that happen?  Because the standard for the burden of proof is drastically different in criminal court vs civil court.  Think something like "beyond a reasonable doubt" vs. "preponderance of the evidence".

I (like probably everyone here) have no idea what actually occurred nor what types of evidence either party might have to present.  I do think this will settle out of court, but there is a chance it may not.  I am fairly certain that the judge would have discretion about attorney's fees "in the interest of justice", but I doubt that would happen either and quite frankly could go in either direction if it were to occur.

The standard American Rule is what it is.  Almost every single rule has exceptions.  A little knowledge can be dangerous.  The exceptions are often just as important if not more important to know than the rule in my opinion.

[CorruptionInc.]

Remember the story years ago about Josh and possibly JB at the strip club?

 

Ah Sassy, you're on point here! Maybe it wasn't a rumour after all...

[AngelGirl8811]

TLC had better cancel those fucking specials already.

Don't be silly. Those specials have nothing to do with Josh!  

[Runningfromreality]

That's the exact wording on the petition the same attorney used in a civil case in Pennsylvania and he was awarded attorney fees.

He may have used that exact wording, but it was a completely different cause of action and the statue defining it says that attorney's fees are a possible remedy. In Josh's case, she's suing him for battery, which is a common law cause of action (likely not defined by statute) and attorney's fees would not be on the table. 

[withaj]

I know this is dumb...but I can't wait to see a photo of Josh once he resurfaces...because I hope the food was terrible wherever he is and that he looks miserable and gaunt.

Or fatter and balder. Either way.

[pea3]

Does anyone else wonder if Anna even knows about this? Do you think they could keep it from her...for now? They supposedly don't watch tv, they probably don't buy tabloid magazines, they could easily not bring the newspaper in the house if she even has interest in reading one and she seems to be staying out of the public eye for the most part. If she is mostly sticking around the Duggar properties it makes me wonder what all she is even aware of.

[DuggarWatch]

Does anyone else wonder if Anna even knows about this? Do you think they could keep it from her...for now? They supposedly don't watch tv, they probably don't buy tabloid magazines, they could easily not bring the newspaper in the house if she even has interest in reading one and she seems to be staying out of the public eye for the most part. If she is mostly sticking around the Duggar properties it makes me wonder what all she is even aware of.

Amy will tell her.

[sj3339sta]

 

 

Ah Sassy, you're on point here! Maybe it wasn't a rumour after all...

Remember the story years ago about Josh and possibly JB at the strip club?

 

This would make such a funny SNL skit.  JB and Joshly sitting front row at a strip club.  In comes Mechelle looking for them, all huffy and pissed because they are there....again.  When they see her coming, they hit the floor yelling NIKE!!!!!  It could work.

[OodOnTheLoo]

As a non-American I don't really understand the context of suing in this type of case, when nothing illegal occured. It may be a cultural difference, but it seems opportunistic to me.

It is absolutely opportunistic. 

However, she has Josh "over a barrel" and if he doesn't settle then he will have to go to court and he could be questioned on everything the Duggars are hoping to keep hidden.

Its shady but he brought this all on himself.  It's as close to suing him for being an ass to her, shorting her money, treating her like garbage, as she can get.  I  hope she gets a nice, big check.

 

 

 

 

[lascuba]

I'm sure those family members who DO google themselves for validation would have told her by now.

Just read the In Touch article, and the suit claims that Danica hasn't been able to work in her chosen field since her encounter with Josh. That's something that can easily be proven, right? That she hasn't worked (I'm assuming the "chosen field" mentioned is porn) since it happened? 

I've always wondered if Danica would have come out and now sue Josh if the Ashley Madison thing hadn't been revealed. 

[gustava]

As I said n the Joshly thread, my guess is that Danica already tried to get $$$ from JB, and when she couldn't, she brought this law suit.

[Buzzard]

I can't wait for Amy to shade the fuck out of Josh... her shade gives me life

Just posting this here to remind us of Famy's tweet from over the weekend... Seems rather shade worthy considering today's developments...

[lascuba]

As I said n the Joshly thread, my guess is that Danica already tried to get $$$ from JB, and when she couldn't, she brought this law suit.

I think the time to try to extort money from Jim Bob would have been before she went to In Touch the first time, or even before the Ashley Madison story broke. There'd be no point in anyone paying her off now that everything is out in the open. 

[gustava]

I think the time to try to extort money from Jim Bob would have been before she went to In Touch the first time, or even before the Ashley Madison story broke. There'd be no point in anyone paying her off now that everything is out in the open. 

That's my point.  Publicity, not $$$.  I feel as sorry for her children as I do for Anna's.

[Amanda7980]

It's hard for me to imagine that a jury would be willing to award her money since she willingly went back for seconds.  If I remember correctly, she said the second time he was not as rough.  I do feel sorry for Anna.  She never expected this.