MB Civil Trial: JK/KK Contempt of Court?

[Sdel]

@ekat

Maybe he’s waiting for RC’s attorney to chime in? Or maybe…I don’t know.

Maybe he knows it’s a lost cause and is going to focus on other, more worrisome, areas of the case?

[ekat]

@Sdel

Maybe he knows it’s a lost cause and is going to focus on other, more worrisome, areas of the case?

A good possibility!

[Sdel]

The one thing that I just can’t get over….it’s very clear that the “whole” family was involved in this……and they didn’t do much to attempt to stop it.

[StB.YM]

Question for the legal peeps - under what cases do expert witnesses get called in to perform forensic psychological/psychiatric evaluations? MB had expert testimony during the criminal trial - will the same reports be present in the civil trial or will a new evaluation be done? If LK chooses to testify about her prior mental health issues, does the defense have the option of requesting she sit down with a forensic psychologist/psychiatrist as well?

[SpicyPRE]

I was just thinking about that exact thing. Its pretty messed up that this is a family activity.

[Sdel]

@SpicyPRE

I was just thinking about that exact thing. Its pretty messed up that this is a family activity.

And there are two siblings out there as well. It is kind of hard to believe there is no involvement of any kind from them after all of this with their parents…

[ohnoO]

I’m thinking that the expense to travel to NJ and find lodging for the length of LK’s deposition is hardly a drop in her $$$$ bucket by this point. I’m not buying it.

Maybe if she asks nicely, she could stay with her sister in NY unless her place is also off limits.

[Sdel]

@ohnoO

I’m thinking that the expense to travel to NJ and find lodging for the length of LK’s deposition is hardly a drop in her $$$$ bucket by this point. I’m not buying it.

It is certainly nothing compared to her monthly boarding/training costs….

[trubandloki]

@Sdel

@ohnoO

I’m thinking that the expense to travel to NJ and find lodging for the length of LK’s deposition is hardly a drop in her $$$$ bucket by this point. I’m not buying it.

It is certainly nothing compared to her monthly boarding/training costs….

I guess we all have our priorities on how we want to spend our money.

I can’t see why Jonathon and Kirby Kanarek would not be willing to pay for a hotel for Lauren to stay in while she is there to do her deposition.

[ekat]

@trubandloki

I can’t see why Jonathon and Kirby Kanarek would not be willing to pay for a hotel for Lauren to stay in while she is there to do her deposition

Perhaps they can go with her and attend to their subpoenas. A nice family outing!

[Danvers]

would the drs. have copies of reports?

[Sdel]

I am very curious on the parts of JK’s production request about his communications with SGF after the shooting.

I’m also curious about the requests involving Tarshis since Seeker insisted there was no written communication between them. I mean, how hard is it to say “there are no records” in response to the subpoena?

[Sdel]

@trubandloki

I can’t see why Jonathon and Kirby Kanarek would not be willing to pay for a hotel for Lauren to stay in while she is there to do her deposition.

She doesn’t need a hotel, she can stay in their house……

[trubandloki]

@Sdel

@trubandloki

I can’t see why Jonathon and Kirby Kanarek would not be willing to pay for a hotel for Lauren to stay in while she is there to do her deposition.

She doesn’t need a hotel, she can stay in their house……

I assume that RG will stay behind to tend to her horses while she is up so that does seem like the most logical answer.

[ohnoO]

Maybe you don’t know this, but she is not allowed in her parent’s house.

Or maybe you just forgot to use the sarcastic font?

[ekat]

@eggbutt

I’m curious how much of Lauren’s medical history will be allowed? Will it include physical and mental health history? How far can they go back for history?

So let’s first take a look at what Lauren is alleging:

First, in regards to the personal physical injuries and alleged disabilities, assuming that she can establish (go with me here) that Michael actually caused the physical injury, her medical records from Aug 7th 2019 forward to present are relevant.

When it comes to the negligent and intentional infliction of emotional distress, NJ is pretty clear on what is required. I’m posting a couple screenshots from an appellate ruling that explains it pretty well. This ruling was published in 2020.

Where all this gets interesting and where some timeframe before Aug 7, 2019 may come into play is from Michael’s answer, alleging her duty to mitigate her damages, her comparative negligence, and his counterclaim for the damages she allegedly inflicted on him.

It’s very possible that since both sides are claiming Aug 7th 2019 was a culmination of events, that some mental health records prior to that date may be requested.

Here’s the link to the case I referenced. It really has nothing in common with this case. It just explains the elements of emotional distress well.

a5098-18.pdf

[Angela_Freda]

@Sdel

The one thing that I just can’t get over….it’s very clear that the “whole” family was involved in this……and they didn’t do much to attempt to stop it

This ^^ kind of goes along with this (below) though

@trubandloki

I never imagined a lawyer (Jonathon Kanarek) would ignore a subpoena completely or let his wife (Kirby Kanarek) or daughter (Lauren Kanarek) also ignore a subpoena

To me, not a lawyer nor do I vacuum often, they paint quite a picture.

[trubandloki]

@Angela_Freda

To me, not a lawyer nor do I vacuum often, they paint quite a picture.

Don’t forget the arrest history of them all combined.

I guess we could say, on the good side, they appear to be a family with a lot in common.

[ekat]

@StB.YM

Question for the legal peeps - under what cases do expert witnesses get called in to perform forensic psychological/psychiatric evaluations? MB had expert testimony during the criminal trial - will the same reports be present in the civil trial or will a new evaluation be done? If LK chooses to testify about her prior mental health issues, does the defense have the option of requesting she sit down with a forensic psychologist/psychiatrist as well?

MB could absolutely use those same reports.

If LK chooses to pursue her claims for infliction of emotional distress and doesn’t provide medical records to back up those claims, the defendants could ask her to be compelled to submit to a psychiatric eval, or they could just move to have the claims dismissed.

[Sdel]

@ohnoO

Maybe you don’t know this, but she is not allowed in her parent’s house.

Or maybe you just forgot to use the sarcastic font?

Seeker has said she is welcome in their home. Maybe the problem is someone/thing else?