Questioninggeller
Illuminator
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In the lawsuit against Answers in Genesis and its Australian counterpart, the 6th U.S. Circuit Court of Appeals ruled:
Full decision: http://www.ca6.uscourts.gov/opinions.pdf/09a0055p-06.pdf
The news:
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This appeal presents multiple issues of first impression for our circuit. Defendant-appellant Creation Ministries International, Ltd., (“CMI”) appeals the district court’s order compelling arbitration of its disputes with fellow ministry Answers in Genesis of Kentucky, Inc. (“AiG”). Specifically, CMI asserts that the district court erred in declining to dismiss AiG’s suit on the basis of the contracts’ forum selection clause, declining to abstain in favor of CMI’s prior-filed Australian litigation, and compelling arbitration on all of AiG’s claims. AiG crossappeals the district court’s order declining to issue a foreign antisuit injunction to block CMI from further pursuing its Australian litigation. We hold that the district court properly compelled the parties to arbitration and did not abuse its discretion in declining to issue an antisuit injunction based upon the facts as they now stand. We therefore affirm the judgment of the district court in its entirety.
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The Foundation had joined with AiG in founding Answers in Genesis International (“AiGI”) to foster relationships among creation science organizations in other Commonwealth countries, such as Canada, South Africa, New Zealand, and the United Kingdom. Ownership of AiGI was split between the Foundation and AiG. AiG held a fifty percent share in AiGI. Around March 2005, Wieland proposed a new model for control of AiGI. Wieland referred to this new proposal as a much needed “democratic reform” in the structure of the international ministry. The “reform” would give each branch of the international ministry one vote at AiGI board meetings. From AiG’s perspective, the sole purpose of this reform was to dilute the American organization’s influence over the creation science movement and concomitantly place Wieland in sole control of AiGI. AiG believed that the small organizations in countries such as South Africa and New Zealand were under Wieland’s control to the extent that their votes would merely parrot his. Unsurprisingly, AiG rejected Wieland’s democratic reform, and relations between the American and Australian ministries deteriorated rapidly.
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Full decision: http://www.ca6.uscourts.gov/opinions.pdf/09a0055p-06.pdf
The news:
Court: Creationists should settle outside court
By DYLAN T. LOVAN
Feb. 13, 2009
Associated Press Writer/ kentucky.com
LOUISVILLE, Ky. -- Let there be ... arbitration.
A federal appeals court has told an Australian ministry to settle out of court with the founder of a popular Kentucky museum dedicated to biblical history.
The 6th U.S. Circuit Court of Appeals on Friday ordered Australian-based Creation Ministries International into arbitration with Answers in Genesis over copyrights and control of affiliates in other countries. Answers in Genesis had asked for arbitration.
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Ham's success "caused significant tension" between the groups, "as each vied for control of what was becoming an increasingly international movement to teach creationism," the appeals court ruling said. The decision upheld a lower federal court ruling that also dismissed an attempt by Answers in Genesis to be shielded from a lawsuit filed in Australia.
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Ham started the Creation Science Foundation in Australia in 1980 with Carl Wieland, who had been publishing a creation science magazine since the 1970s, according to court records. Ham later moved to the U.S. and started Answers in Genesis, which quickly grew in membership and "eclipsed its Australian counterpart."
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A hearing in the Australian suit is scheduled for April, Getty said.
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