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Originally Posted by MelJayFan2009;3356585;
Civil suits get jury trials all the time.
It's not the amount of money but whether there is a contract stip that there be arbitration first.
Also whether the plaintiff requests a jury trial or not.
Also important is the issue(s) involved in the lawsuit.
There are other reasons as well.
One problem--have you seen thew whole contract?
I haven't--and I'd bet some money (which I seldom do) that there are plenty of CYA clauses and stips to keep ABC and the production company etc from being the target of this kind of action.
I am taking what I read here with a very large grain of salt. Just like before, when people here were posting guarantees that one of the "moms" would make it to the final two (not even close), I wonder how one or two people can say something and everyone just runs with it. Not to be a pain, but can anyone offer proof of any kind? I would be interested to know. No offense intended folks.
I was reading an interview that Jason gave less than a month after taping finished, when he was still saying he was engaged. One thing that jumped out at me was when the interviewer asked whether he had seen DeAnna since the Bachelorette series, and his answer was- you know, I haven't talked to her...I would like to, but she's busy working on other things, but I have not talked to her, etc.
After seeing clearly that he does indeed talk to her during his own season, I thought it odd that he would have directly lied during an interview (as opposed to side stepping the question, etc).
Just thought it was worth mentioning. At first I had a really hard time believing that any of this could be true, but this was just one more little piece of evidence that he's not the stand-up guy that they would have us believe.
I love the law student theories being posted....
Look, you can bet your hiny that the contract limits the remedy of complaints to be determined by arbitration, and arbitration only. I like how people can just say Melissa can just make ABC sue her and then she can counterclaim, just like that. The legal process of any action will be hundreds of times harder on Melissa than on the ABC legal department. Have you ever been through litigation? Trust me, no one would wish legal action on their worst enemy. No one in their right mind would tempt that devil to get into litigation with a large, branded network. And to the person who said that Melissa is a TX resident, and that the alleged injury occurred in CA, that the case could be moved to federal court... first see my statement above re: arbitration, and second, you are completely forgetting that if a trial hearing was applicable, than it could be filed in one of California's county/district courts. The said county's law could be applied, or Texas law could be applied depending on the party's arguments and the judge's ruling. There are just too many variables in trial law for one to claim they are able to predict rulings on anything or even narrow the outcome down to a couple of possibilities, even proper jurisdiction, and it is irresponsible to say otherwise.
You are wrong on many counts. Right to a jury trial is not a given in civil action whatsoever, it is only applicable to certain civil suits. I'll give you an example. California employment law - Employers can enforce mandatory arbitration agreements upon their employees as a condition of employment. When an employee signs an employers' arbitration agreement, it is 100% binding to arbitration for any employment action, including wrongful termination so long as the Armendariz "safeguards" are up. This would apply also to the Defendant. They could not go beyond the arbitration agreement and ask for a jury trial either. Please see Armendariz v. Foundation Health Psychcare Services, Inc. and Little v. Auto Steigler.
Please stop spreading legal dis-information.
Haven't posted much, but a faithful reader and follower of this forum from the beginning of this season. After reading the threads and contemplating for several hours over the episodes, screencaps, RS info, witnesses to AFR taping, etc. I am going to step out here on a limb. I might possibly be wrong, and my theory will probably be shot down pretty quickly, but here goes: Isn't there still a slight possibility that we all are really being "fleissed"? I know that I might be naive, but I just want to throw some things out there that could possibly support this. I'll start with Jason--alot of us have been Jason fans from day one. We could see that he was an honest, caring, and sincere person who was truly looking for a life partner. Besides the fact that he knows firsthand how heart wrenching it was to have his heart broken (publicly, by the way), was he really sly enough to fool so many people pretending to be someone he was not?
There has been alot of emphasis put on the fact that Molly is competitive and likes to win at all cost. Do you remember when Melissa made the comment that she was not in it to win, but she was in it to fall in love? I wonder who she was comparing herself to. Let's compare the chemistry--hands down, he was so taken with Melissa. You can't hide body language or edit it so well. It was evident that he enjoyed the role of nurturing with Melissa. There are men who thrive on being the nurturer in relationships. These men are usually also very affectionate. They love giving and receiving affection openly. I believe Jason is one of those men. Molly is not an openly affectionate person while Melissa seems to be. I also believe he would be looking for a woman that would have no problem being openly loving and affectionate with Ty. Next-- while Molly did indeed get the tent date (which was big), Melissa got the houseboat date, which in my opinion, was much more important. Lets face it, that's the dream date that every other woman there would loved to have (Molly included). Let's put together some things that were said either in previews or interviews at the beginning of the season. Jason said all along that the woman he was engaged to "lights up the room when she walks in" and wants to get to know everybody. That screams Melissa way more than Molly, IMO. He also stated in the beginning and also more recently that she had to be a person that has had some similar life experiences or something major in their life to prepare them/to know they would be ready to settle down (I know I'm paraphrasing). They have shown that with Melissa, but I don't recall anything to indicate that Molly's had those kinds of life experiences. CH has made comments that the love story was evident to the crew--it was so obvious, to me, with Melissa. Remember when they were walking into that place that evening after the GH date? He went around several of the girls to catch up to Mel and grabbed her hand to walk with her. Another time, he grabbed her hand when he was leaving the mansion after escorting others home from, I think, the group date. CH also said we'll need plenty of kleenex--well, I for one, will be sobbing my eyes out (complete with a jaw drop) if he truly ends up with Mel after everything we've been through this past week with the rumors. CH said something along the lines of it took guts to do what Jason did. Well, if Jason agreed to go along with fooling everyone, knowing he would be ostracized during this time, I would think that would take guts to do. Some people said they noticed that he didn't seem very sympathetic during these recent interviews, as he should have if he publicly dumps Mel. Just maybe, he didn't do anything so horrible that he should feel that way (again, hoping). CH said Jason comes out smelling like a rose,,hmmm. How would it be at all possible for him to come out smelling like a rose, under any other scenario? I can't think of any. There might be a few scenarios that might make him look a little better, but no other that I can think of that would make him end up smelling like a rose.
Okay, screencaps of money shot are definitely Melissa and not Molly. You can even tell the dress style is the same as the one she wore at proposal. Now, the shots of the twirling, to me, look like a completely different dress altogether. I know that twirling would make the dress appear to be a little more full, but I don't think there's anyway that yellow gown she's wearing could appear that full, even while twirling. It appears to be light blue in color, but now I'm wondering if they photo-shopped the color of it, like they did the yellow one. I'm thinking the twirling one might really be white, and it is possibly a wedding dress. Molly, imo, would also be too tall (esp. with heels on) to be that person. The way the contract was written up for this season, from what I understood from another post, was that ABC would not have to spend a million dollars or so on a wedding or pay them extra for a wedding, because of the wording in contract about them having to do public appearances and such, at the mercy of ABC. Also, they will probably have just as many viewers come Tuesday night (because of all the hoopla), as they would with a scheduled televised wedding. I'm wondering now about the comments about ABC finally getting it right, ABC growing a brain, and the editing geniuses.
Tonight, a couple of posters that were at the taping on Friday, were on the board. They, in no way, told anything or gave anything away (they completely respected their confidentiality clause). That being said, they were basically telling us that we shouldn't be passing judgments just yet. I know that we can take that to mean anything, and maybe I'm just grasping for straws, but I see a tiny glimmer of hope with that. For some reason, they just don't appear to be as upset as most of us, since attending the taping. So I'm thinking, what could have possibly transpired at the taping for them to appear not to be as upset at Jason as most of us? One of them made the comment that they got to meet Fleiss, gave a brief description of him, and said something about he probably is a genius. I think some of us thought she was being sarcastic toward him with that remark, but I'm wondering if she maybe meant that he was a genius, because she possibly knows that he concocted this whole fiasco to pull a fast one on us. He intentionally wanted us to figure out the SC, but why? Why all of a sudden this season, are there major leaks, not only to RS, but to other various media outlets? For me, things just aren't adding up or making much sense. I also think PS is a very reliable poster, and I believe she made a statement on one of the threads this morning, that she was sticking by what she knows and believes (again paraphrasing). I'm really thinking she has first-hand knowledge, but maybe has chosen to stay off the board today, as to not argue with everyone, while she sits back and waits for the ending that she knows will be (I'm hoping). I don't think that RS has tried to mislead us. I am starting to convince myself that MF planned this elaborate scheme to fool everyone, while at the same time, drawing in more viewers and more publicity to the show. If so, he would be a genius, because it certainly worked. The story is now drawing national attention through various media outlets. Could it be that at the beginning of this whole thing, he met with the production staff and laid out an elaborate plan to feed certain persons and media information that would appear to be leaks--his people leaking the information that he wants to get out and who to leak it to. It would certainly take some guts for Jason to agree to go along with this. Could Mel still be F1, and could they already be married? I know it's probably a long shot, but I for some strange reason, am still hopeful. Sorry for the long post.
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