Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #84

[Skigirl]

Discovery would be allowed only if the lawsuit is allowed to proceed. I expect Laundries attorney to file a motion to dismiss, which I feel would be granted, since the complaint states as facts conjectures such as the Laundries knew Gabby had been murdered and were working to help him escape overseas.

Well, yes, obviously if a motion to dismiss is granted they wouldn't get to discovery. My comment was meant to address their motives, which I suspect aren't about money.

 

[Shamrock1]

What if during depositions for the civil case they admit that Brian told them Gabby was dead and they took advice from their lawyer to not talk to her parents or LE so as to not incriminate themselves?

Depositions are very far off, given the state of that complaint. Ls would be prepped and “don’t volunteer/answer anything about our communications” is a standard instruction. And their attorney would immediately cut off that line of questioning. If BL made such a statement, I can think of a few likely hearsay exceptions…they'd definitely battle admissibility of any such statements pre-trial.

I imagine other discovery attempts will be met with motions to quash.

 

[I'm Nobody]

Exactly!! It's not always about money. Sometimes it's about answers and accountability.

Right. Somehow I think the lawsuit is about seeking relief from the bottomless pain Gabby's parents still feel. I see the lawsuit as part of their healing process. Anger being a necessary part of grief, I hope they get really mad. If this lawsuit provides one drop of help to cope, to strengthen them then have at it. But I seriously doubt answers will come. I doubt the Laundries will step up now to tell us what they knew, much less when.

I, for one, will be cheering Gabby's parents on every step of the way.

 

[RANCH]

Right. Somehow I think the lawsuit is about seeking relief from the bottomless pain Gabby's parents still feel. I see the lawsuit as part of their healing process. Anger being a necessary part of grief, I hope they get really mad. If this lawsuit provides one drop of help to cope, to strengthen them then have at it. But I seriously doubt answers will come. I doubt the Laundries will step up now to tell us what they knew, much less when.

I, for one, will be cheering Gabby's parents on every step of the way.

If Gabby's parents win this lawsuit will that end any anger they may have? It wont bring Gabby back. The families loss will still be there.

What if the lawsuit is dismissed or they lose? Will that not increase their anger and make their suffering worse?

I'm not sure if this lawsuit is the answer or remedy to the families pain. JMO.

 

[KBlackRabbit]

If Gabby's parents win this lawsuit will that end any anger they may have? It wont bring Gabby back. The families loss will still be there.

What if the lawsuit is dismissed or they lose? Will that not increase their anger and make their suffering worse?

I'm not sure if this lawsuit is the answer or remedy to the families pain. JMO.

It’s a a remedy for justice. Even if the lawsuit is dismissed and there are no other options, they know they tried everything they could.

 

[I'm Nobody]

If Gabby's parents win this lawsuit will that end any anger they may have? It wont bring Gabby back. The families loss will still be there.

What if the lawsuit is dismissed or they lose? Will that not increase their anger and make their suffering worse?

I'm not sure if this lawsuit is the answer or remedy to the families pain. JMO.

Very good questions. What I hear you asking is why is justice important when it cannot undo the crime? I'm not a lawyer but IMO the process is not all about win or lose. It's also about doing everything you can to restore faith in communities, society, and to individuals. Naming pain and suffering, like a victim impact statement, gives victims a voice. They were supported, heard. Win or lose, the process provides some measure of closure.

 

[Kristin Esq.]

Is that on a public cite? FL Courts?

ClerkNet 3.0

That is where you can find the docket and see those documents that have been filed. I use the general public link, type in "Laundrie" and then I'm able to see it.

 

[Kristin Esq.]

Discovery would be allowed only if the lawsuit is allowed to proceed. I expect Laundries attorney to file a motion to dismiss, which I feel would be granted, since the complaint states as facts conjectures such as the Laundries knew Gabby had been murdered and were working to help him escape overseas.

Remember, when deciding a Motion to Dismiss, they view the facts as true/favorable to the plaintiff. Something like "Even if it these facts are true, they still don't ...." Depending on the grounds for the MTD. I'd suspect it'd be a MTD for failure to state a claim.

 

[Nikynoo]

These are just allegations, so you're right that we haven't seen any evidence. But usually an attorney will not bring a case and make an allegation without having something to back it up. moo.

They haven't requested a jury trial, just a judgement. Question - what happens in these sort of instances?

 

[NCWatcher]

They haven't requested a jury trial, just a judgement. Question - what happens in these sort of instances?

It appears to me they have requested a jury trial unless I'm reading something wrong. (See the cover sheet near the bottom.) I would have thought that would be the defendant's choice (like in criminal court) but apparently not.
JMO

 

[Nikynoo]

At the risk of redundancy, I still say this lawsuit may be less about damages and more about dialogue. Without a trial, this might be the only way for Gabby's family to gain access to L family phone records.

The piece of closure they may be seeking is a date --

Which phone records might clarify.

Boxed out, perhaps they're turning to the civil court to compel that answer.

I gather it's not forthcoming, and that's what is driving this action.

BL took enough.

If Gabby's family have reason to believe that L's phones and BL's notebook contain the answer to date and time, isn't this exactly what a family would do, through proper channels, to compel a response?

Of course the L's have a right to remain silent. I just find it indecent.

JMO

Would the FBI or LE not have these already?

 

[Nikynoo]

It appears to me they have requested a jury trial unless I'm reading something wrong. (See the cover sheet near the bottom.) I would have thought that would be the defendant's choice (like in criminal court) but apparently not.
JMO

Thanks. Its not on the PDF copy have. I shall see if I can find it on PACER.

 

[Nikynoo]

Not on PACER, but found the entire document via one of the previously posted links. I have never seen a complaint drafted this way - but have never filed in Florida. When drafting complaints the request for a jury trial is in the body of the complaint, but then again, we have never filed a complaint for negligence.

I also note that there is no reference to case law to support any of the claims for negligence in the complaint. Very strange indeed, but perhaps this is a FL peculiarity?

 

[NCWatcher]

Not on PACER, but found the entire document via one of the previously posted links. I have never seen a complaint drafted this way - but have never filed in Florida. When drafting complaints the request for a jury trial is in the body of the complaint, but then again, we have never filed a complaint for negligence.

I also note that there is no reference to case law to support any of the claims for negligence in the complaint. Very strange indeed, but perhaps this is a FL peculiarity?

I'm not an attorney & I don't live in FL. But that does seem odd to me.

I found some other "Negligence" filings on the Sarasota Clerk's site. These were the more standard negligence claims-- falls in stores with wet floors. Didn't see much law discussed but saw buzz words and phrases likely lifted from law --"had a duty" and "knew or should have known," etc. But I only looked at a couple.

They both did end their complaint with the request for a jury trial, not a request the judge pass judgment. Seems odd to ask for a judgment in the filing if they are asking for a jury trial.
JMO

 

[RANCH]

Very good questions. What I hear you asking is why is justice important when it cannot undo the crime? I'm not a lawyer but IMO the process is not all about win or lose. It's also about doing everything you can to restore faith in communities, society, and to individuals. Naming pain and suffering, like a victim impact statement, gives victims a voice. They were supported, heard. Win or lose, the process provides some measure of closure.

I think that justice was forever denied in this case when Brian cowardly killed himself. JMO.

 

[Nikynoo]

I'm not an attorney & I don't live in FL. But that does seem odd to me.

I found some other "Negligence" filings on the Sarasota Clerk's site. These were the more standard negligence claims-- falls in stores with wet floors. Didn't see much law discussed but saw buzz words and phrases likely lifted from law --"had a duty" and "knew or should have known," etc. But I only looked at a couple.

They both did end their complaint with the request for a jury trial, not a request the judge pass judgment. Seems odd to ask for a judgment in the filing if they are asking for a jury trial.
JMO

Yes, that threw me too. @Kristin Esq. what are your thoughts?

 

[Kristin Esq.]

Yes, that threw me too. @Kristin Esq. what are your thoughts?

Every state has their own pleading rules, obviously, but I thought this Complaint was poorly written as well. I've never seen a Complaint like it.

Normally, there's a brief background, then a section for the parties, a section for jurisdiction, the facts, then a cause of action is listed in the caption and then has a section in the complaint as well where the attorney will go through how the facts apply to the elements of the cause of action. I've also usually see jury demands in the Complaint itself.

While its not always necessary to have law in the complaint, like @NCWatcher said, there is usually some language that goes to the elements of the cause of action.

 

[Wallendo]

I looked up the law firm (their web address is listed in the filings). This appears to be a small firm and real estate law is listed first on their list of things they do. On their website, they talk about controlling the costs of litigation, so it appears they do not do a lot of contingency cases. I found it interesting that Gabby's family didn't go with one of the big firms that advertise heavily. Maybe they have experience with this firm, or maybe the big boys didn't see profit in this.

Florida tends to be plaintiff friendly in court, but Florida law also can make it hard to collect (There is a reason OJ Simpson moved to Florida after losing his civil case.) Many Florida physician's do not carry malpractice insurance since many assets can be protected. This frequently involves putting assets in a spouses name which wouldn't be applicable here since both are sued.

I wonder if there are enough seizable assets to make a lawsuit profitable for a trial lawyer to take the case on contingency. Is their real estate portfolio highly leveraged? Did their primary business survive the COVID shutdown? I did read an article a while back linked here that pointed out that another son, who has no relation to this case of which I am aware, runs the previous business in New York - do the parent's have an ownership interest in that? It has been reported that when the L's bought the camper, that the check bounced, but they did make it good. If the L's don't have a lot of assets, then all parties will likely have to pay their own expenses, and a long lawsuit could bankrupt all three families.

My gut feeling is that after the initial round of filings is over, the lawyers will speak and try to make a deal. Even if this case is not thrown out, the L's can pretty much say anything they want at a deposition. Unless there are some third-party witnesses of which we don't know, there would not be much the plaintiff's lawyer could do to undermine their testimony. Depositions are schedule long in advance and they would have time to prepare.

 

[NCWatcher]

I looked up the law firm (their web address is listed in the filings). This appears to be a small firm and real estate law is listed first on their list of things they do. On their website, they talk about controlling the costs of litigation, so it appears they do not do a lot of contingency cases. I found it interesting that Gabby's family didn't go with one of the big firms that advertise heavily. Maybe they have experience with this firm, or maybe the big boys didn't see profit in this.

Florida tends to be plaintiff friendly in court, but Florida law also can make it hard to collect (There is a reason OJ Simpson moved to Florida after losing his civil case.) Many Florida physician's do not carry malpractice insurance since many assets can be protected. This frequently involves putting assets in a spouses name which wouldn't be applicable here since both are sued.

I wonder if there are enough seizable assets to make a lawsuit profitable for a trial lawyer to take the case on contingency. Is their real estate portfolio highly leveraged? Did their primary business survive the COVID shutdown? I did read an article a while back linked here that pointed out that another son, who has no relation to this case of which I am aware, runs the previous business in New York - do the parent's have an ownership interest in that? It has been reported that when the L's bought the camper, that the check bounced, but they did make it good. If the L's don't have a lot of assets, then all parties will likely have to pay their own expenses, and a long lawsuit could bankrupt all three families.

My gut feeling is that after the initial round of filings is over, the lawyers will speak and try to make a deal. Even if this case is not thrown out, the L's can pretty much say anything they want at a deposition. Unless there are some third-party witnesses of which we don't know, there would not be much the plaintiff's lawyer could do to undermine their testimony. Depositions are schedule long in advance and they would have time to prepare.

Pretty sure that NY Laundrie isn't CL's son but his brother's son. This is the only link I can find right now.

PHOTO Joseph Laundrie Sr Who Owns Juice Company And Is Brother Of Christopher With His Son Joseph Jr In A Foreign Country

No MSM article that I know of has ever suggested Brian and Cassie have a brother. I do remember it was discussed here though.

 

[Shamrock1]

I looked up the law firm (their web address is listed in the filings). This appears to be a small firm and real estate law is listed first on their list of things they do. On their website, they talk about controlling the costs of litigation, so it appears they do not do a lot of contingency cases. I found it interesting that Gabby's family didn't go with one of the big firms that advertise heavily. Maybe they have experience with this firm, or maybe the big boys didn't see profit in this.

Florida tends to be plaintiff friendly in court, but Florida law also can make it hard to collect (There is a reason OJ Simpson moved to Florida after losing his civil case.) Many Florida physician's do not carry malpractice insurance since many assets can be protected. This frequently involves putting assets in a spouses name which wouldn't be applicable here since both are sued.

I wonder if there are enough seizable assets to make a lawsuit profitable for a trial lawyer to take the case on contingency. Is their real estate portfolio highly leveraged? Did their primary business survive the COVID shutdown? I did read an article a while back linked here that pointed out that another son, who has no relation to this case of which I am aware, runs the previous business in New York - do the parent's have an ownership interest in that? It has been reported that when the L's bought the camper, that the check bounced, but they did make it good. If the L's don't have a lot of assets, then all parties will likely have to pay their own expenses, and a long lawsuit could bankrupt all three families.

My gut feeling is that after the initial round of filings is over, the lawyers will speak and try to make a deal. Even if this case is not thrown out, the L's can pretty much say anything they want at a deposition. Unless there are some third-party witnesses of which we don't know, there would not be much the plaintiff's lawyer could do to undermine their testimony. Depositions are schedule long in advance and they would have time to prepare.

There’s simply no cause of action - that’s why no other attorney took the case IMO.