Sunday, October 10, 2010

A United States federal court judge and Florida state court judge are enmeshed in a conflict against each other regarding a wrongful death lawsuit involving Scientology.

A federal judge for the United States District Court for the Middle District of Florida, Steven Douglas Merryday, ordered Pinellas County Senior Circuit Judge Robert E. Beach not to intervene regarding appearance of an attorney in a federal court case involving Scientology. Lawyer Kennan Dandar is representing the estate of Kyle Thomas Brennan in a wrongful death claim against the Scientology organization.

The suit asserts that members of the Scientology organization, including the father of Brennan, removed access to the deceased’s anti-depression medication, and provided him with means to utilize a loaded gun. Brennan had been staying with his father for a week prior to his death. Police in Clearwater, Florida investigated the 2007 death of Brennan, and determined it was a suicide. Kyle Brennan was himself not a member of Scientology. The lawsuit, filed in 2009, was filed by Brennan’s mother on behalf of her son’s estate. Named as defendants in the lawsuit include the Scientology organization, its subdivision the Flag Service Organization, twin sister of Scientology leader David Miscavige – Denise Gentile, and her husband Gerald Gentile.

Attorney Dandar had previously represented the estate of Lisa McPherson in a separate civil wrongful death claim against the Scientology organization. After being under the care of members of the Scientology organization for 17 days, McPherson died in Clearwater in 1995. The wrongful death suit claimed that Scientology officials permitted McPherson to deteriorate to a dehydrated state, where her condition was such that she did not have the energy to fend off cockroaches from biting her skin.

Scientology management settled the McPherson wrongful death case in 2004; lawyers representing the organization stated the settlement included a confidential arrangement with Dandar to never again represent clients in lawsuits against Scientology entities. The settlement included an agreement that both sides would never speak again about the case; California lawyer Ford Greene commented, “The church bought silence.” The Scientology organization had also filed a countersuit against the estate of Lisa McPherson, and named Dandar a party to that lawsuit. The organization claimed Dandar had inappropriately tried to add the head of Scientology David Miscavige as a party to the wrongful death lawsuit.

Scientology legal representatives requested Judge Beach to see to it that Dandar abide by the secret settlement agreement, and Beach subsequently issued an order in June 2009 that Dandar be removed from the Brennan wrongful death case. Dandar faced sanctions from Judge Beach including suspension of Dandar’s license to practice law, a US$130,000 judgement to be given to the Scientology organization, and a fine of $1,000 per day. Judge Beach ruled that all money from the sanctions imposed against Dandar – were to go directly to the Scientology organization. The Tampa Tribune noted that Judge Breach made his ruling, “in an inexplicably closed hearing from which Beach tossed a St. Petersburg Times reporter”.

Faced with these possible sanctions, Dandar filed an “involuntary” motion to withdraw from the Brennan wrongful death case in federal court, but Judge Merryday denied this request. Dandar stated to The Tampa Tribune, “I’m stuck in the middle of two courts.”

D. Wallace Pope, a lawyer for the Scientology organization, stated that he wished to show evidence regarding the settlement in the McPherson wrongful death case. However, Judge Merryday emphasized his main issue was determining whether or not Dandar was being penalized for obeying the federal court’s order denying his request to be withdrawn from the Brennan wrongful death case. Judge Merryday stated he would prevent the Scientology organization along with Judge Beach from punishing Dandar for representing his client in US federal court. Merryday stated Beach had attempted to usurp control outside of his jurisdiction, thereby “aggressively” interferring with the US federal court process through imposing sanctions on Dandar.

Merryday has served as a US federal judge based in Tampa, Florida since 1992. The St. Petersburg Times noted that Judge Merryday, “has presided over some of the region’s most noteworthy cases.” Judge Merryday’s court order creating an injunction against Beach was 29-pages long, and criticized the “stunning severity” of Beach’s sanctions imposed on Dandar. Merryday explained that the federal court needed to “act in defense of the (federal) court’s jurisdiction”, due to Beach’s actions. Referencing Judge Beach, Merryday wrote in his court order, “A judge should not undertake, directly or indirectly, overtly or through a surrogate, to compel an act by another judge, especially in a different jurisdiction.”

Judge Merryday stated to Scientology lawyers, “have forced my hand on this issue.” Merryday stated to Scientology lawyer, Robert Potter, “I don’t like being put in this position. When people start to squeeze, other people can squeeze back.” Potter asked him to seal the proceedings from public view, and Judge Merryday responded, “I’m not going to be entering any seals unless I see a lawful reason, and I can’t even see the beginning of a reason”. Merryday stated he would not allow his court to be influenced by “some circuit judge somewhere who appears for all I can tell to have sealed something for some unknown reason”.

Judge Beach responded to Judge Merryday’s injunction which “permanently enjoined” him from imposing sanctions on Dandar, by filing a motion on Thursday in federal court in Tampa. Beach asked Merryday to rescind his order so that he may recuse himself from acting as a judge on the Scientology case related to Dandar. Beach’s motion argued that he was denied due process because he was not given notice by Merryday of the hearing which occurred before Merryday issued his ruling. In addition, Beach asserted Merryday did not have power to issue the ruling restricting him from sanctioning Dandar, because Beach was not a party to the Brennan wrongful death case, and Merryday lacked authority to restrict powers of a judge from outside his federal court jurisdiction. In response, Judge Merryday has scheduled a hearing for October 12 in federal court to hear state court judge Beach.

Martin Errorl Rice is an attorney in St. Petersburg, Florida who represented Beach in the motion before the US federal court. Rice stated his client’s motivation in requesting the ruling by Judge Merryday be rescinded was to allow Beach to recuse from the Scientology case. Rice told the St. Petersburg Times that his client’s conflict with the US federal court has “cast kind of a cloud” over Beach’s position in the Scientology case.

Stetson University College of Law constitutional law professor Michael Allen analyzed the clash between the US judge and Florida judge for The Tampa Tribune. Allen observed that it was “very, very rare” for a US federal judge to order a state judge. He noted that a 1793 federal law contravenes such orders – except in “extraordinarily narrow” cases where the federal judges are permitted to create rulings in order to safeguard the jurisdiction of their federal court proceedings.

Monday, November 14, 2016

On Wednesday, India demonetised ?500 (about US$7.50) and ?1000 notes, announced as a measure to fight corruption, fake notes, and black money. Prime Minister Narendra Modi addressed the Indian citizens late Tuesday, and said 500 and 1000 rupee notes would cease to be legal tender at midnight.

To minimise possible difficulties to citizens, transactions using old 500 and 1000 rupee notes were accepted at government hospitals, railway ticket bookings, government buses, and airports. The notes were also accepted at public-sector petrol-pumps, government-authorised consumer co-operative stores, milk booths authorised by State governments, and cremation grounds till Friday midnight. These shops were obliged to have a record of their stocks and sales.

In his announcement, Modi said, “For your immediate needs, you can go to any bank, head post office or sub post office, show your identity proof like Aadhar card, voter’s card, ration card, passport, income tax PAN card number or other approved proofs and exchange your old 500 or thousand rupee notes for new notes.” ^{((hi))Hindi language: ??????? ???????? ?? ??? ???? ?? ?? ?? ???? ?? ?????? ????? ?? ??? ??? ?????? ????? ?? ??? ?? ????? ?? ??? ?????? ?? ?? ???? ?? ???? ?? ?????? ?? ?? ??? ?? ?? ?????? ?? ???? ????? ????, ???? ??, ???? ?????, ?????? ?????, ???? ?????, ????????, ???? ????? ??? ????? ??????? ???? ?? ??? ??? ??? ???? ?? ??? ??? ???? ???}

Modi also announced those who failed to change their currency till December 30 can exchange the notes at Reserve Bank of India (RBI)’s office along with a declaration form till March 31. The notes can be exchanged till December 30 at any branch of any bank across India.

By Saturday, Finance Minister Arun Jaitley said demonetised money equivalent to almost US$30 billion was deposited in banks across India. According to estimate, the old notes accounted for 85% of the total money in circulation. New 500 rupee and 2000 rupee notes are to be issued. Modi said RBI would exercise caution from past experience and limit the circulation of large-value notes.

International tourists could purchase up to 5000 rupees using the old notes at airport exchanges till Friday.

A limit was imposed on cash withdrawal; a maximum of 10000 rupees each day, and 20000 rupees each week, can be withdrawn. Moreover, from Thursday (November 10) till November 24, 4000 rupees can be exchanged in the banks and post offices. The amount is credited to the bank account.

Government workers were informed about demonetising when the announcement was made. Modi announced all banks would remain closed for public work on Wednesday.

In the United States, Donald Trump won the 2016 presidential election on Tuesday, immediately after which stock markets dropped globally. Following the US election and demonetising the money, the Indian stock market fell by 1700 points on Wednesday. Sensex lost 1,688.69 points and Nifty lost 111.55 points on the same day. Indian technology sector companies experienced loss. TCS suffered 4.93% loss and Infosys lost 2.74%.

The Indian rupee is also used in the neighbouring countries of Bhutan and Nepal. The border area uses Indian currency for day-to-day transactions. The Royal Monetary Authority of Bhutan (RMA) has announced the exchange of old notes will be facilitated till December 15. RMA governor Dasho Penjore informed Indian news site The Wire, “We do not know exactly how much Indian currency of Rs 500 and Rs 1,000 is in circulation in Bhutan. We will get a better idea after the deadline to deposit their amount”. RMA has 30% of its international exchange reserve in Indian rupees. Nepal Rastra Bank directed all Nepali banks to stop conducting transactions using the Indian rupee.

On Thursday, there were long queues in front of ATMs and banks to exchange the old notes and withdraw money. BBC reported some banks ran out of cash. Police were called to some banks to maintain discipline. Banks were open on Saturday and Sunday for money exchange.

Shops did not accept the old 500 and 1000 rupee notes. Some emphasised cash-less transaction as well. BBC reported some traders and small business owners in Delhi threatened to call a strike as this move affected their business.

eRetail websites like Amazon and Flipkart announced they would not accept the old 500 and 1000 rupee notes on Cash on Delivery orders. Amazon also announced 15% discount on gift cards worth 500 or 1000 rupees.

The government ceased all transactions using the old 500 and 1000 rupee notes before Saturday. But a Wikinews correspondent noticed a jeweler shop accepting the demonetised notes on Saturday. When questioned, the jeweler said they were accepting the old notes only on purchase. When the correspondent, who did not identify as a reporter to the shop owners, said the old 500 and 1000 rupee notes were not legal money, they said they will exchange the notes in a bank since there were 50 days to exchange with a new and legal tender. They refused to exchange old 500 rupee notes with change, asserting the customer needs to buy merchandise from their shop.