It's a major victory for a California pastor who was sued by Michael Newdow, the man who tried to have the words "under God" removed from the Pledge of Allegiance to the U.S. flag.
Austin Miles is a California pastor who wrote a news article claiming that Newdow lied to the court when he claimed his daughter was forced to say the words "under God" in the pledge. Newdow's daughter was actually a Christian who had no reservations about saying the pledge in school. But last June, the atheist activist convinced a judge to enter a default judgment against Miles in the amount of one million dollars.
After learning of the million-dollar judgment, Miles contacted the Thomas More Law Center for legal assistance. And after a lengthy hearing this past December, the court issued an order lifting the default judgment, explaining in the ruling that Miles had made a sufficient showing that he lacked actual notice of the lawsuit to warrant the default to be set aside. The court declared that Miles's lack of actual notice "was not caused by his avoidance of service or inexcusable neglect."
Ed White with the Thomas More Law Center represented Miles in the matter and notes that the favorable outcome for the pastor was possible largely because, once again, certain facts had been misrepresented.
"Newdow had been making the representation that the Rev. Miles was avoiding the lawsuit, and in other words was ducking service," White says. "We were able to convince the court that, no, that's not true --that Newdow did not properly apprise the reverend of the lawsuit and, as a result, it was Newdow who didn't follow the proper procedures."
Simply put, the Thomas More Law Center attorney says the judgment was overturned when the pastor was able to prove he never knew about the libel suit against him. "If that judgment had not been set aside," the lawyer notes, "well, then, it's just as good as having gone to trial, and the reverend would be beholden to Newdow for a million dollars."
White says he is pleased with the judge's ruling -- a decision that allows the case against Miles to proceed to trial. The Thomas More attorney adds that he is confident the defense will be able to demonstrate to the court that Newdow's action against Miles is completely without merit.
Thomas More Law Center (www.thomasmore.org)
(c) 2005, Agape Press. Used with permission.
