Monday, February 1, 2010

the halliburton rape case

fascinating case, from the sensational underlying facts, to the courts' response, to the legislative response to that, and the popular response to that! two great backgrounder articles here:

http://www.slate.com/id/2242792/ ("I asked Franken what he thought of KBR's latest efforts to trash Jones in public for her refusal to be trashed by them in private. Here's what he had to say: 'You know where a great place to try arguments is? In court. But they've spent five years fighting against her attempts to have her day there. It seems odd that they wouldn't want to explain their side in the courtroom, since they're willing to in the media.'").

http://motherjones.com/mojo/2010/01/kbr-calls-jamie-leigh-jones-liar ("It's a curious argument to make in a petition asking to keep the case proceedings confidential (a benefit of mandatory arbitration that KBR claims many assault victims really appreciate). After all, if KBR has been wrongly accused in such public forums as Congress and the media, wouldn't it be better off fighting the charges someplace it could be publicly vindicated? And if Jones' story is really false, why has KBR waited five years to respond? KBR must be pretty worried that lots of other women are getting in line to sue now that Jones has made it easier for them, a potentially expensive disaster. Threatening to disparage an alleged rape victims seems more scare tactic rather than good legal strategy. But KBR's legal strategy has been pretty loony from the get-go. Rather than try to defend an indefensible arbitration system in a case with a compelling victim, KBR would have done far better to simply pay Jones to shut up and go away a long time ago, before she won Al Franken's heart. At this point, even if it wins the court battle, the company is going to lose the PR fight.")

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