News: What Could be Revealed in the Discovery Phase of the Josh Duggar Lawsuit

News: What Could be Revealed in the Discovery Phase of the Josh Duggar Lawsuit February 1, 2016

newsIn Touch Weekly had an interesting interview with the lady, Danica Dillon, suing Josh Duggar in their issue on newsstands right now. It’s the issue with Jim Bob and Michelle Duggar on the cover with the fake-out, click-baiting headline “Duggars’ Nightmare – The Family Therapist Tells All” What is actually inside the magazine cover is not some sort of ‘tell all’ by any therapist.

What the story does contain is a run down of what has been and can be requested during this phase of the legal motion, in the discovery phase. Which means according to the article that at some point the mental health treatment records of the entire adult Duggar family could be released. Including some information on the Department of Human Services social worker visit to the Duggar home in May of 2015.

I hear you asking ‘How can release of mental health treatment records possibly be legal under the HIPAA Act’? According to law professor Michael Johnson quoted in the article anything that can be deemed relevant to the case, including legal documents and treatment records, can be requested and receiving at this point in the legal action. This means it’s likely that every treatment record/legal document going all the way back to Josh molesting his early victims will likely come out. The Duggar attorney has already sent requests for Danica Dillon’s treatment records. He thinks it’s very unlikely that the Duggars will be able to keep any of these records out of the hands of the attorneys no matter how badly Michelle and Jim Bob want to hide everything

Any therapists or law enforcement personnel could also be deposed, going all the way back to the first allegations involving Josh and the five girls he sexually molested. Legal depositions can also be taken of Michelle, Jim Bob, Jill, Jessa and any other victims.

One of the possible scenarios to be probed in court will be Josh Duggar’s firing from family friend Jim Holt’s campaign for allegedly accessing pornography on campaign headquarters computers. According to someone at the Duggar’s church it is alleged in the article that Jim Bob and Michelle nearly separated over what Josh’s punishment would be. According to the article this and any other disagreement or fight is open for questioning in the lawsuit.

As for Josh claiming he’s never met Danica and was not in the state of Pennsylvania on those dates it turns out that she has witnesses and other evidence.

The most interesting and telling thing in the entire article to me is that the Duggars have already spent well over one fifth of the amount Danica is asking for on attorneys at this point. By the time they get to trial the bill is likely to be over the amount asked for. Why did they just simply not settle this quietly out of court? If all the things listed above are going to be revealed in court it seems like it would be enough to put a damper on their new television show and shut down the coffers of cash coming their way.

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  • Karen the rock whisperer

    I’ve had therapy over the years to help with depression, and my therapist never took notes. I once asked her why, and she said that those notes could be used in court, possibly against a client someday — and she wasn’t going to set up any of her clients for that. Fortunately for her, she had an amazing memory.

  • rob11751

    God isn’t done, he wants theses idiots exposed

  • Mel

    Settling the lawsuit makes a lot of sense, but the Duggars don’t work on sense or logic.

    The Duggars have to fight the lawsuit. They don’t have another choice that allows them to remain “pillars” within the CP/QF/ATI community. They are going to lose the lawsuit, most likely, but any information that can be used to make Dillon look bad will be used by the Duggars to burnish their martyrdom story line.

  • Aloha

    But settling is like accepting the charges …, isn’t it? So far Josh is denying everything, including even being in that state.

  • brbr2424

    The terms of the settlement can be anything the parties can agree to including not disclosing that there was a settlement. They could agree to Danica saying she was mistaken about what happened.

  • brbr2424

    The Duggars should not have been arguing about his punishment, they should have been arguing about what kind of legitimate mental health treatment he would get.

    The Duggars are even dumber than they appear. She’s only asking for $500k. They shouldn’t settle if the man-child never even met her, but if they had any kind of encounter at all, they should have settled. Even Sarah Palin knows to avoid any lawsuit that involves discovery.

    The latest harrowing story Danica told rang true. It is very disrespectful of women for family members to yell Nike when a women is dressed in shorts. The whole family is very rude. His contempt for women may have been partly nature but also largely nurture.

  • brbr2424

    She’s a sex worker. That fact take any power out of attacks the Duggars would typically use against a woman. They can blame the sisters for flashing an ankle but Danica isn’t going to take any of their garbage.

  • Lana

    In other words, when it becomes public, In Touch plans to report on it and draw it to public awareness. The tabloids can say anything they want about Josh – but they need to keep the girls records out of mainstream eyes. In Touch is despicable. Whatever comes up in Court doesn’t have to be written about in the tabloids.

  • Nea

    I’m sure they felt that of they settled out of court, it would be an admission of guilt. They may even be thinking that they can get out of this by yelling LA LA LA LA LAAA I CANT HEAT YOU a la Gothard.

    What gets me, though, is the notion that any Duggar has been seen by a licensed therapist rather than a Gothard-dispensing work camp.

  • Leesha

    Despicable, yes. But….you kind of know that going in when you take your family on a reality show for years and years.

    In my opinion, what makes the Duggars most unique is not that their kids have issues. Or even than J & A are having a marriage crisis. That is not unique. That is life on planet earth…its messy and often hard and dysfunctional, regardless of your faith orientation.

    The fact that they so willingly exposed their family to public scrutiny is what doesn’t make sense to me. Did they really think that they would be immune to scandal and tabloids and public shaming? Because that’s what happens to reality TV stars. ALL of them.

    Did they really think that their family was so above reproach that the media wouldn’t find something to exploit and shame and humiliate? I can’t think of a single family that hasn’t had some kind of issue with their children that their child wouldn’t want exposed to the entire world.

    I mean…did they really think that the sexual misconduct in Josh’ youth would not eventually be exposed? I just can’t fathom how they really believed that the reality-star route could go well for their family…that stardom wouldn’t eventually take its toll. For a family who doesn’t even have a TV or listen to rock music….yet exposes their kids to the most intense of public scrutiny, threatening to take their mental health records and most intimate of personal struggles to the tabloids, it honestly makes no sense whatsoever.

  • Lana

    Agree. I can’t imagine putting my children through that. Ever. I could be hungry and desperate, but I would never constantly put my children on a public station, especially if my family was dysfunctional. The kids didn’t ask for this.

    But regardless of what the parents did, TLC and the tabloids are despicable. Let’s suppose that a company was willing to pay underage children to work for them, because the parents said it was okay. Meanwhile, the kids don’t get to go to school and the parents make money off their kids, while their kids don’t go to school. If the law found out, we would prosecute not just the parents but also the company, because both are responsible for educational abuse and child labor.

    So I see the same thing with this TV show. The parents were wrong, and are wrong. But none of that excuses TLC or the tabloids for getting to exploit the children and put them in public humiliation. If the tabloids want to write up Mom, dad, and Josh – that’s fine – but leave the girls out of this.

  • Mel

    I agree, but think of it from within the fundamentalist circles. If they settle the lawsuit – regardless of anything they can get Ms. Dillon to state publicly – they leave themselves wide open to the criticism that they cooperated with the evil outside world. By introducing any discovery that supports Josh – like the fact he supposedly was nowhere nearby – the Duggars can use that to rehab Josh’s image (and his parents’ images by proxy) within their circles.

    Their rabid supporters need something to latch onto so they can continue to support the Duggars. “They had evidence that he wasn’t in the state and she was lying” is great PR even if it turns out to be straight up lies.

  • Mel

    I agree with you about the girls’ records – but I think the police reports are the sum total of the information that the girls have available. I doubt the Duggars ever let their daughters within 500ft of a licensed therapist. Honestly, Jill and Jessa don’t lie very well. Whenever they talk about the “therapy” they did, Jill looks visibly uncomfortable and Jessa pulled the amusing “we did what you normally do in therapy” to discuss what happened there.

  • Bettie Bedford

    To their credit, it worked. They have managed to amass a lot of money and stardom, and perhaps another tv show.

  • SAO

    The attraction of the CPM lifestyle is that you do a series of concrete things, like wear funky clothes, have tons of kids and homeschool, that makes you good, Godly people, better than everyone else, so any issue is petty compared to dedicating your life to God.

    Unfortunately for the Duggars, there are too many people who don’t think long skirts and 20 undereducated kids adds up to holiness.

  • Astrin Ymris

    The Duggars assumed that being True Christians™ meant that public shaming could never happen to them.

  • Suzanne Harper Titkemeyer

    I was reading just this morning that the judge in this case has forced both sides to sign privacy orders. No releasing of photos, videos, chats, messages, records, etc. So there is that. Some will surely leak out into the press but this is going to limit the worst of it, which is only good.

    Right now there’s a motion on the table by Dillon to table the entire lawsuit with the option to refile at a later date. Josh’s side is rejecting it. There will be a meeting on settlement at the end of March. This might never go to trial.

  • Lana

    no releasing of messages and chats? if Josh text the woman, that should be released in court, becuase it’s evidence that he is a liar.

    It’s what his minor sisters said or didn’t say, when they were minors in a private session, that shouldn’t be released to the public. What made me upset was not that things would be brought up in trial, but that In Touch basically is telling us this so that we will come back to their magazine to pick up the gossip when it’s released. In Touch is as bad as TLC.

    yes, they should settle out of court.

  • Lana

    I thin they were required to see a therapist, but you are likely right that it was a friend or something and nothing is actually written down.

  • Lana

    I personally think they like the drama; they intentionally post pictures that they know will create controversy.

  • Suzanne Harper Titkemeyer

    Those texts and private messages will be part of the evidence, but the lawyers and those involved are under a non-disclosure deal to keep the evidence out of the media now.

  • jennabobenna

    That actually makes me wonder if they didn’t try to settle at first, but Danica wanted to drag this out because I get the feeling it is less about the money for her ($500k isn’t a lot for a lawsuit against even a C-List celebrity under the circumstances) and more about dragging all of this out into the open after she found out Josh basically got off Scot free with his previous behavior. If I were her, the money would be a fringe benefit to seeing that POS answer for all the shady crap he’s done.