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Author Topic: TIGHAR Legal Defense Fund  (Read 618185 times)

Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #360 on: September 04, 2013, 11:49:51 AM »

I wish I could be confident that a side in a legal dispute that presents self-conflicting evidence or theories will always be on the losing side. I can think of one recent high profile murder case in which the defense presented mutually exclusive theories but still won the case.

We're not going to go there - but we do feel confident that, in this case, justice will prevail.
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Monty Fowler

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Re: TIGHAR Legal Defense Fund
« Reply #361 on: September 04, 2013, 01:23:53 PM »

I have complete confidence that the Magnificent 7 will prevail. It worked for that Hollywood Western; we were out West. They were a rag-tag band with hidden agendas; we, I thought, cleaned up pretty good. The parallels are endless.

That makes sense, right? Far more than some of the stuff being lobbed around in a certain federal building in downtown Casper, I'll wager.

LTM, who still has that theme song stuck in his head,
Monty Fowler, TIGHAR No. 2189 CER
Ex-TIGHAR member No. 2189 E C R SP, 1998-2016
 
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Kevin Weeks

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Re: TIGHAR Legal Defense Fund
« Reply #362 on: September 04, 2013, 01:43:51 PM »


We're not going to go there - but we do feel confident that, in this case, justice will prevail.

forget the Magnificent Seven.... I know another group with seven members.... How do you guys feel about tights??  ;D

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Nancy Marilyn Gould

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Re: TIGHAR Legal Defense Fund
« Reply #363 on: September 04, 2013, 03:02:54 PM »

Reading through the latest comments on this thread, I have to wonder:  is the only thing the other AE threads do is talk about people and make snide remarks?  I'd like to hear some other perspectives, but it's hard to take people seriously when they do that.

Rock on, Richie!

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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #364 on: September 04, 2013, 05:57:02 PM »

We do have our detractors, that's for sure.

I'm very proud of our detractors. 

You have no enemies, you say?   
  Alas! my friend, the boast is poor;   
He who has mingled in the fray   
  Of duty, that the brave endure,   
Must have made foes! If you have none,           5
Small is the work that you have done.   
You’ve hit no traitor on the hip,   
You’ve dashed no cup from perjured lip,   
You’ve never turned the wrong to right,   
You’ve been a coward in the fight.

("No Enemies," Charles MacKay)
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Harry Howe, Jr.

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Re: TIGHAR Legal Defense Fund
« Reply #365 on: September 05, 2013, 01:07:31 PM »

I think that there us a saying, I don't know who to attribute it to (to whom to attribute it?), that goes something like,  Keep your Friends close, but keep your Enemies closer.
No Worries Mates
LTM   Harry (TIGHAR #3244R)
 
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Dan Swift

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Re: TIGHAR Legal Defense Fund
« Reply #366 on: September 06, 2013, 12:00:17 PM »

"It's nothing personal Sonny....it's strictly business."...Michael Corleone   
TIGHAR Member #4154
 
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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #367 on: September 19, 2013, 07:19:48 AM »

Any news? Must be almost time for a decission.

Nothing yet, which is interesting in itself.  Judge Skavdahl has a reputation for promptness and everybody expected a ruling on our Motion to Dismiss within a couple weeks of the hearing - but next Tuesday will be full month since the hearing.  Why the delay?  We can only speculate. It could be that he has just been too busy with more urgent criminal cases to address our little civil action, but Casper, Wyoming is not exactly a hot-bed of judicial activity and the fact that he asked oral argument on a Motion to Dismiss (very unusual) suggests that he finds the case worthy of special attention.  Remember, a 12(b)(6) Motion to Dismiss is not about the merits of the case but, rather, about whether there is a triable case at all.
At the hearing it was clear that he had read the Complaint closely and had some problems with it.  He asked Tim's attorney about the Complaint's fundamental contradiction. On one hand, it alleges that I knew the airplane had been found in the 2010 video and defrauded Tim by not telling him.  Then the Complaint does an about-face and alleges that I was negligent because I didn't know the plane is visible on the 2010 video. You can't have it both ways.  The judge also zeroed in on another basic flaw in the case.  When someone makes a voluntary charitable contribution to a recognized nonprofit organization, what is the donee's obligation to the donor?  TIGHAR solicited contributions in order to conduct a specific expedition/search. We used the money we raised exactly the way we said we would use it.  At the close of the hearing, the judge said that he didn't buy the answers he had heard and wanted to give the motion some more thought before making a ruling.

Motions to Dismiss are rarely granted because a judge is basically saying to the plaintiff, "You don't even get to try to make your case."  Denying a Motion to Dismiss is easy and safe for a judge, and that's what they usually do.  If that's what Judge Skavdahl had in mind, it seems like we'd know by now.  But Judge Skavdahl has to know that if he grants all or part of our motion, the other side is likely to appeal.  They threatened as much in their reply to the motion.  No judge wants to get reversed on appeal so, if Judge Skavdahl is seriously considering dismissing the case he would do well to take the time to do the research to makes sure his legal ducks are in a row.

So we're keeping our fingers crossed that the delay is a good sign.

What next if the judge dosn't throw it out? 

If the judge doesn't throw it out we keep fighting.

Could take years  >:(

Probably not, but you'll excuse me if I don't discuss legal strategy here.
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don hirth

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Re: TIGHAR Legal Defense Fund
« Reply #368 on: September 19, 2013, 06:15:18 PM »

Hello, all. I haven't posted for awhile but 'have been following with great interest! First, I believe Mr. Mellon's suit is strange, unjustified, mean spirited and just plain senseless. As, IMO we are PROBABLY
one expedition away from proof positive, the timing of this farce is unfortunate, to say the least. So much time and effort WILL PREVAIL, finally, in the Niku hypothesis! I hope that decision comes soon
and that the case is 'tossed out.' Then, a full effort toward the next (and hopefully) final Niku venture
will be enabled.
dlh
 
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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #369 on: September 19, 2013, 06:44:58 PM »

Thanks Don.  Yes, we will prevail, but this lawsuit is a huge drain on resources, time, and money that should be spent on planning and research.  This period between the end of one expedition and the completion of planning for the next one is always tough for fund raising.  Having this lawsuit to contend with makes it that much worse.  At the moment, TIGHAR is seriously cash-strapped.  We need to raise  about $15,000 in the next 30 days to keep bad things from happening.  There are currently 1,104 registered subscribers to this Forum and untold thousands who just lurk. If everyone who finds value here were to make a small donation, $15, $25, $50 - whatever doesn't hurt - we could get over this hump and keep moving forward.   There are those who will read this and smile.  There are others who will resent being asked to help pay for something they're accustomed to getting for free.  What will you do?

Please donate to the Legal Defense Fund or the Earhart Project as you choose, but please donate.  I'll let everyone know how it's going.
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John Balderston

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Re: TIGHAR Legal Defense Fund
« Reply #370 on: September 19, 2013, 07:11:57 PM »

Please donate to the Legal Defense Fund or the Earhart Project as you choose, but please donate.  I'll let everyone know how it's going.

I've just responded to the call.  I wish I could have done more, but we do what we can!  The only cost to TIGHAR - I'm going to subject all to MY favorite quote from The Bard:

"Love all, trust a few, do wrong to none" - All's Well That Ends Well (Act 1, Scene 1)
John Balderston TIGHAR #3451R
 
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Chris Owens

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Re: TIGHAR Legal Defense Fund
« Reply #371 on: September 19, 2013, 07:16:38 PM »


Please donate to the Legal Defense Fund or the Earhart Project as you choose, but please donate.  I'll let everyone know how it's going.

Long time but sporadic reader of the forums; first time donor as of 2 days ago.
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Ric Gillespie

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Re: TIGHAR Legal Defense Fund
« Reply #372 on: September 19, 2013, 07:52:42 PM »

The only cost to TIGHAR - I'm going to subject all to MY favorite quote from The Bard:

"Love all, trust a few, do wrong to none" - All's Well That Ends Well (Act 1, Scene 1)

Thank You!  Nice touch.  Anyone who donates gets to enlighten us with their favorite quote from literature or Hollywood.
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Ted G Campbell

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Re: TIGHAR Legal Defense Fund
« Reply #373 on: September 19, 2013, 10:49:50 PM »

Ric,
A check for $1,ooo is on its way.
Ted Campbell
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Ted G Campbell

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Re: TIGHAR Legal Defense Fund
« Reply #374 on: September 19, 2013, 10:59:52 PM »

give me a  addresse.
T
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