Landmark Education litigation
Encyclopedia
Since its formation in 1991, Landmark Education
LLC (LE) has been involved in about a dozen lawsuits in the United States
and a few more in Europe
.
In about a dozen instances LE has initiated actions to defend itself against what it perceives as malicious or negligent defamatory comments. Critics of Landmark have portrayed these actions as an assault on Free Speech or an attempt to suppress legitimate comment, whereas LE has insisted that it only seeks to have inaccurate statements corrected and to protect its products from unfair disparagement.
There have been two cases where actions have been brought against LE alleging harmful results from Landmark’s training programs; and one alleging assault by a member of the company’s staff, but none of these resulted in a ruling in favor of the plaintiff.
Landmark Education was also mentioned in two cases where actions had been brought against employers who, it was claimed, had forced their staff to participate in Landmark training programs. In neither case was the accusation upheld by the court.
(Condé Nast Publications
) for defamation. The defamation claimed by Landmark Education Corporation involved the article published in February 1993. Defendants moved for summary judgment, which the court denied. In a settlement-agreement, Landmark Education released Condé Nast Publications from any and all claims relating to the article, and Self Magazine issued a one-sentence editor's note stating that the magazine had no "first-hand" evidence that the "Landmark Forum is a cult".
and Cynthia Kisser (its then Executive Director
) for (among other allegations) issuing leaflets about "Destructive Cults
". The entry "The Forum/est/the Hunger Project" appeared in a "partial list of groups about which CAN has received complaints."
During a deposition Kisser admitted that CAN held no opinion with respect to classifying Landmark Education as a destructive cult
.
The agreement reached in November 1997 to conclude this case involved an undertaking by CAN not to distribute its leaflets mentioning Landmark, est or The Forum, or to sell Steven Pressman’s book entitled Outrageous Betrayal.
, an adjunct UC Berkeley professor of psychology, for defamation. Singer had mentioned Landmark Education in her co-authored book Cults in Our Midst (1995, ISBN 0-7879-0051-6); the text did not make it entirely clear whether she labeled the organization as a cult or not. The second edition of the book, released before the conclusion of the court case, omitted mentioning Landmark Education by name. Subsequent to the court case, Singer signed a terse statement on 7 May 1997 which read: "I do not believe that either Landmark or The Landmark Forum is a cult or sect, or meets the criteria of a cult or sect."
Singer admitted at deposition that she had "no personal, firsthand knowledge of Landmark or its programs."
, U.S. publishers of Elle Magazine
, for an allegedly defamatory article published in Elle magazine (August 1998) written by Rosemary Mahoney
and entitled: " Do you believe in miracles?"
The court dismissed the claim, stating that Landmark Education had not "pled special damages", and had failed "to adequately plead actual malice".
to respond to deposition-questions aimed at obtaining the confidential sources he had used for research on his book Outrageous Betrayal: The Dark Journey of Werner Erhard from est to Exile
(ISBN 0-312-09296-2).
Landmark Education Corporation brought the suit as a means of compelling discovery for use in the then-active Cult Awareness Network
litigation. The discovery commissioner who entered an interim order in the matter commented: "it does not appear that the information sought [from Mr. Pressman] is directly relevant or goes to the heart of the [CAN] action, or that alternative sources have been exhausted or are inadequate."
Landmark Education Corporation dropped the action against Pressman after the settlement of its litigation against the Cult Awareness Network. (See above)
, claiming that the Institute's online archives did damage to Landmark Education's product
. In April 2005, Landmark Education filed to dismiss its own lawsuit with prejudice
on the grounds that a material change in case-law
regarding statements made on the Internet
occurred in January 2005; see Donato v. Moldow, 374 N.J. Super. 475 (N.J. App. Div. 2005), which held an operator of an online bulletin board
not liable for defamatory statements posted by others on his bulletin board, unless he made a "material substantive contribution" to the defamatory material.
In 2006, retired Justice Edward Fadeley, of the Oregon Supreme Court
, commented on the Donato v. Moldow decision:
.
Landmark Education took the view that the program as a whole was biased, inaccurate and misleading, and that “France 3 has violated the personal rights of individuals unwittingly filmed using hidden cameras.” One of the women shown in the program stated publicly that she felt that it was an intrusion of her privacy and that the extract was taken out of context and that she had benefited from her participation in the Landmark Forum.
Subsequently, an anonymous individual posted this footage on YouTube and Landmark served a subpoena on Google to have it removed and to reveal the identity of the poster.
The EFF intervened, claiming that the individual was exerting their rights to free speech under the first amendment, and Landmark withdrew its application.
Landmark Education sued to have the word Gehirnwäsche ("brainwashing") removed from the sub-title of Lell's book , but the German court determined that "brainwashing" constituted a matter of opinion
rather than an assertion of fact, and allowed the sub-title to remain.
written by Art Schreiber, the Swiss magazine FACTS
referred to Landmark Education as a "cult
". The magazine later retracted this statement after Landmark Education took legal action.
, the Netherlands ruled that Panorama magazine acted wrongfully when it labeled Landmark Education as a "cult" in an article
on Sekten in Nederland (Cults in the Netherlands) — because Landmark Education did not meet any of the criteria of Panoramas own characterization of cults.
", conducted by Werner Erhard
(doing business as Werner Erhard & Associates
(WE&A)). In 1992 Ney sued Landmark Education Corporation (LEC, seen as the successor-organization of WE&A) for $2,000,000, claiming that three days after attending the Forum she "suffered a breakdown and was committed to a psychiatric institute in Montgomery County".
The trial court dismissed Ney's suit on summary judgment, and the appeals court upheld the decision.
Both the family of the deceased Robert Jenkins and the attorneys for Jason Weed contended that the Landmark Education seminar had driven Weed insane:
However, at the sanity hearing, a witness for the US Government, Dr. Harrison Pope, a Harvard Medical School psychiatrist who also helped draft the DSM-III and DSM-IV testified that he could rule out "steroid use and participation in an exhaustive self-awareness
program" as causes of Weed's psychotic break.
In June 2006, the plaintiff refiled the case, as allowed under Oklahoma
law, and the case against LE was dismissed again. The District Court of Tulsa County found "that although another defendant is named herein ... the Court directs the preparation and filing of a judgment in favor of Landmark [Education]"
Neff alleged in her complaint in the District Court of Dallas County, Texas
that the Dallas Landmark Education Center executive director had sexually assaulted her.
(Landmark Education did not have a sexual harassment
policy at the time of the alleged offense, but it introduced comprehensive anti-harassment and anti-discrimination policies following this suit, as well as detailed complaint-procedures.)
On December 16, 1998, the parties reached a settlement agreement
No charges were filed against the alleged perpetrator.
Landmark Education
Landmark Education LLC is a personal training and development company which offers educational programs in approximately 115 locations in more than 20 countries worldwide....
LLC (LE) has been involved in about a dozen lawsuits in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and a few more in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
.
In about a dozen instances LE has initiated actions to defend itself against what it perceives as malicious or negligent defamatory comments. Critics of Landmark have portrayed these actions as an assault on Free Speech or an attempt to suppress legitimate comment, whereas LE has insisted that it only seeks to have inaccurate statements corrected and to protect its products from unfair disparagement.
There have been two cases where actions have been brought against LE alleging harmful results from Landmark’s training programs; and one alleging assault by a member of the company’s staff, but none of these resulted in a ruling in favor of the plaintiff.
Landmark Education was also mentioned in two cases where actions had been brought against employers who, it was claimed, had forced their staff to participate in Landmark training programs. In neither case was the accusation upheld by the court.
Condé Nast Publications / Self magazine (1993)
In 1993, Landmark Education Corporation sued Self MagazineSelf (magazine)
Self magazine is an American magazine for women that specializes in health, fitness, nutrition, beauty and happiness. Published by Condé Nast Publications 12 times a year, it has a circulation of 1,486,992 and a total audience of 5,541,000 readers, according to its corporate media kit. The...
(Condé Nast Publications
Condé Nast Publications
Condé Nast, a division of Advance Publications, is a magazine publisher. In the U.S., it produces 18 consumer magazines, including Architectural Digest, Bon Appétit, GQ, The New Yorker, Vanity Fair, and Vogue, as well as four business-to-business publications, 27 websites, and more than 50 apps...
) for defamation. The defamation claimed by Landmark Education Corporation involved the article published in February 1993. Defendants moved for summary judgment, which the court denied. In a settlement-agreement, Landmark Education released Condé Nast Publications from any and all claims relating to the article, and Self Magazine issued a one-sentence editor's note stating that the magazine had no "first-hand" evidence that the "Landmark Forum is a cult".
The Cult Awareness Network / Cynthia Kisser (1994)
In 1994 Landmark Education Corporation sued the original Cult Awareness NetworkCult Awareness Network
The Cult Awareness Network was founded in the wake of the November 18, 1978 deaths of members of the group Peoples Temple and assassination of Congressman Leo J. Ryan in Jonestown, Guyana. CAN is now owned and operated by associates of the Church of Scientology, an organization that the original...
and Cynthia Kisser (its then Executive Director
Executive director
Executive director is a term sometimes applied to the chief executive officer or managing director of an organization, company, or corporation. It is widely used in North American non-profit organizations, though in recent decades many U.S. nonprofits have adopted the title "President/CEO"...
) for (among other allegations) issuing leaflets about "Destructive Cults
Destructive cult
A destructive cult is a religion or other group which has caused or has a high probability of causing harm to its own members or to others. Some researchers define "harm" in this case with a narrow focus, specifically groups which have deliberately physically injured or killed other individuals,...
". The entry "The Forum/est/the Hunger Project" appeared in a "partial list of groups about which CAN has received complaints."
During a deposition Kisser admitted that CAN held no opinion with respect to classifying Landmark Education as a destructive cult
Destructive cult
A destructive cult is a religion or other group which has caused or has a high probability of causing harm to its own members or to others. Some researchers define "harm" in this case with a narrow focus, specifically groups which have deliberately physically injured or killed other individuals,...
.
The agreement reached in November 1997 to conclude this case involved an undertaking by CAN not to distribute its leaflets mentioning Landmark, est or The Forum, or to sell Steven Pressman’s book entitled Outrageous Betrayal.
Dr. Margaret Singer (1996)
In 1996 Landmark Education Corporation sued Dr. Margaret SingerMargaret Singer
Dr. Margaret Thaler Singer, was a clinical psychologist and a part-time Adjunct Professor in the Department of Psychology at the University of California, Berkeley, U.S....
, an adjunct UC Berkeley professor of psychology, for defamation. Singer had mentioned Landmark Education in her co-authored book Cults in Our Midst (1995, ISBN 0-7879-0051-6); the text did not make it entirely clear whether she labeled the organization as a cult or not. The second edition of the book, released before the conclusion of the court case, omitted mentioning Landmark Education by name. Subsequent to the court case, Singer signed a terse statement on 7 May 1997 which read: "I do not believe that either Landmark or The Landmark Forum is a cult or sect, or meets the criteria of a cult or sect."
Singer admitted at deposition that she had "no personal, firsthand knowledge of Landmark or its programs."
Elle Magazine - Hachette Filipacchi Media U.S. (1998)
In 1998, Landmark Education Corporation sued Hachette Filipacchi MediaHachette Filipacchi Media U.S.
Hachette Filipacchi Media U.S., Inc. , orgin ally known as CBS Publications, was a subsidiary of Hachette Filipacchi Médias , and was based in New York City.-History:...
, U.S. publishers of Elle Magazine
Elle
Elle may refer to:*Elle, Central African Republic*Elle , a fashion publication*Ellé, a river in France*Elle , a female given name*Elle , a Sri Lankan game similar to baseball*Ælle of Sussex, a Saxon king...
, for an allegedly defamatory article published in Elle magazine (August 1998) written by Rosemary Mahoney
Rosemary Mahoney
Rosemary Mahoney is an American non-fiction writer.She grew up in Milton, Massachusetts. She graduated from St. Paul's School...
and entitled: " Do you believe in miracles?"
The court dismissed the claim, stating that Landmark Education had not "pled special damages", and had failed "to adequately plead actual malice".
Landmark Education Corp. vs. Pressman (1998)
In 1998, Landmark Education Corporation attempted to compel Steven PressmanSteven Pressman
Steven Pressman is an American legal journalist, freelance journalist, investigative journalist and biographer. He is the author of the biography of Werner Erhard, titled: Outrageous Betrayal, published by St. Martin's Press in 1993...
to respond to deposition-questions aimed at obtaining the confidential sources he had used for research on his book Outrageous Betrayal: The Dark Journey of Werner Erhard from est to Exile
Outrageous Betrayal
Outrageous Betrayal: The Dark Journey of Werner Erhard from est to Exile was written by freelance journalist Steven Pressman and first published in 1993 by St. Martin's Press...
(ISBN 0-312-09296-2).
Landmark Education Corporation brought the suit as a means of compelling discovery for use in the then-active Cult Awareness Network
Cult Awareness Network
The Cult Awareness Network was founded in the wake of the November 18, 1978 deaths of members of the group Peoples Temple and assassination of Congressman Leo J. Ryan in Jonestown, Guyana. CAN is now owned and operated by associates of the Church of Scientology, an organization that the original...
litigation. The discovery commissioner who entered an interim order in the matter commented: "it does not appear that the information sought [from Mr. Pressman] is directly relevant or goes to the heart of the [CAN] action, or that alternative sources have been exhausted or are inadequate."
Landmark Education Corporation dropped the action against Pressman after the settlement of its litigation against the Cult Awareness Network. (See above)
Rick Ross Institute (2004-2005)
In June 2004, Landmark Education filed a USD1,000,000 lawsuit against the Rick A. Ross InstituteRick Ross (consultant)
Rick Alan Ross works as a consultant, lecturer, and intervention specialist, with an interest in exit counseling and deprogramming of former cult members. He runs a blog at CultNews.com, and in 2003 founded the Rick A...
, claiming that the Institute's online archives did damage to Landmark Education's product
Product (business)
In general, the product is defined as a "thing produced by labor or effort" or the "result of an act or a process", and stems from the verb produce, from the Latin prōdūce ' lead or bring forth'. Since 1575, the word "product" has referred to anything produced...
. In April 2005, Landmark Education filed to dismiss its own lawsuit with prejudice
Prejudice (law)
There are two meanings for "prejudice" in legal proceedings; civil and criminal.-Civil procedure:Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. Thus, in a civil case, dismissal without...
on the grounds that a material change in case-law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
regarding statements made on the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
occurred in January 2005; see Donato v. Moldow, 374 N.J. Super. 475 (N.J. App. Div. 2005), which held an operator of an online bulletin board
Internet forum
An Internet forum, or message board, is an online discussion site where people can hold conversations in the form of posted messages. They differ from chat rooms in that messages are at least temporarily archived...
not liable for defamatory statements posted by others on his bulletin board, unless he made a "material substantive contribution" to the defamatory material.
In 2006, retired Justice Edward Fadeley, of the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
, commented on the Donato v. Moldow decision:
'The courts aren't helping matters. For example, Landmark Education, an international training and development company that presents The Landmark Forum, dropped its lawsuit in New Jersey against Rick Ross [...]. Landmark Education terminated its lawsuit when, in an unrelated case, a New Jersey court significantly limited the kind of Internet behavior it would consider damages for. Court decisions like that make it even more difficult for companies to protect themselves against misinformation and false accusations.'
.
Subpoena concerning electronic copies of the France 3 television documentary material (2006)
In 2003, journalists surreptitiously filmed participants in a Landmark Forum in France, and selected excerpts were incorporated into a television documentary broadcast by France3 in 2004.Landmark Education took the view that the program as a whole was biased, inaccurate and misleading, and that “France 3 has violated the personal rights of individuals unwittingly filmed using hidden cameras.” One of the women shown in the program stated publicly that she felt that it was an intrusion of her privacy and that the extract was taken out of context and that she had benefited from her participation in the Landmark Forum.
Subsequently, an anonymous individual posted this footage on YouTube and Landmark served a subpoena on Google to have it removed and to reveal the identity of the poster.
The EFF intervened, claiming that the individual was exerting their rights to free speech under the first amendment, and Landmark withdrew its application.
Martin Lell (Germany)
After attending the Landmark Forum in Germany, Martin Lell wrote a book titled Das Forum: Protokoll einer Gehirnwäsche: Der Psycho-Konzern Landmark Education [The Forum: Account of a Brainwashing: The Psycho-Outfit Landmark Education], Deutscher Taschenbuch Verlag, Munich, 1997, ISBN 3-423-36021-6. This book detailed Lell's attendance at the course, and claimed that he had suffered a mental collapse directly afterwards. However, the record at the Hearing indicated that Mr. Lell did not see a doctor; was not hospitalized; did not seek or obtain medication; and was not diagnosed by a medical professional as being brainwashed or having any mental problem.)Landmark Education sued to have the word Gehirnwäsche ("brainwashing") removed from the sub-title of Lell's book , but the German court determined that "brainwashing" constituted a matter of opinion
Opinion
In general, an opinion is a subjective belief, and is the result of emotion or interpretation of facts. An opinion may be supported by an argument, although people may draw opposing opinions from the same set of facts. Opinions rarely change without new arguments being presented...
rather than an assertion of fact, and allowed the sub-title to remain.
infoSekta (Switzerland)
The Swiss subsidiary, Landmark Education AG, sued infoSekta (Verein "Informations- und Beratungsstelle für Sekten- und Kultfragen infoSekta" — the infoSekta Association for Information and Advice on matters of Sects and Cults), a Swiss group, on 1995-11-23, demanding that infoSekta cease distributing information about the company. Further discussions followed, and the case concluded by negotiation on 1997-12-18with infoSekta agreeing not to call Landmark Education a cult.FACTS Magazine (Switzerland)
According to a 1999 letter,written by Art Schreiber, the Swiss magazine FACTS
referred to Landmark Education as a "cult
Cult
The word cult in current popular usage usually refers to a group whose beliefs or practices are considered abnormal or bizarre. The word originally denoted a system of ritual practices...
". The magazine later retracted this statement after Landmark Education took legal action.
Panorama Magazine (The Netherlands)
In 1999, a district judge in HaarlemHaarlem
Haarlem is a municipality and a city in the Netherlands. It is the capital of the province of North Holland, the northern half of Holland, which at one time was the most powerful of the seven provinces of the Dutch Republic...
, the Netherlands ruled that Panorama magazine acted wrongfully when it labeled Landmark Education as a "cult" in an article
on Sekten in Nederland (Cults in the Netherlands) — because Landmark Education did not meet any of the criteria of Panoramas own characterization of cults.
Ney vs. Landmark Education et al. (1992)
In September 1989 Stephanie Ney attended a session of "The ForumWerner Erhard and Associates
Werner Erhard and Associates, also known as WE&A or as WEA, operated as a commercial entity from February 1981 until early 1991. It replaced Erhard Seminars Training, Inc. as the vehicle for marketing, selling and imparting the content of the est training, and offered what some people refer to as...
", conducted by Werner Erhard
Werner Erhard
Werner Hans Erhard is an author of transformational models and applications for individuals, groups, and organizations...
(doing business as Werner Erhard & Associates
Werner Erhard and Associates
Werner Erhard and Associates, also known as WE&A or as WEA, operated as a commercial entity from February 1981 until early 1991. It replaced Erhard Seminars Training, Inc. as the vehicle for marketing, selling and imparting the content of the est training, and offered what some people refer to as...
(WE&A)). In 1992 Ney sued Landmark Education Corporation (LEC, seen as the successor-organization of WE&A) for $2,000,000, claiming that three days after attending the Forum she "suffered a breakdown and was committed to a psychiatric institute in Montgomery County".
The trial court dismissed Ney's suit on summary judgment, and the appeals court upheld the decision.
Been vs. Weed and Landmark Education Corporation (2002, 2006)
In 2002 the Jeanne Been vs. Jason Weed came before a court, with Landmark Education as a cross-defendant. Jason Weed had experienced a psychotic episode shortly after taking the "Landmark Advanced Course", and shot and killed a letter-carrier, Robert Jenkins, on December 12, 2001. The court found Jason Weed not guilty by reason of insanity.Both the family of the deceased Robert Jenkins and the attorneys for Jason Weed contended that the Landmark Education seminar had driven Weed insane:
However, at the sanity hearing, a witness for the US Government, Dr. Harrison Pope, a Harvard Medical School psychiatrist who also helped draft the DSM-III and DSM-IV testified that he could rule out "steroid use and participation in an exhaustive self-awareness
Self-awareness
Self-awareness is the capacity for introspection and the ability to reconcile oneself as an individual separate from the environment and other individuals...
program" as causes of Weed's psychotic break.
In June 2006, the plaintiff refiled the case, as allowed under Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
law, and the case against LE was dismissed again. The District Court of Tulsa County found "that although another defendant is named herein ... the Court directs the preparation and filing of a judgment in favor of Landmark [Education]"
Allegation of assault by staff member
Tracy Neff sued Landmark Education Corporation in 1997, alleging negligence.Neff alleged in her complaint in the District Court of Dallas County, Texas
Dallas County, Texas
As of the census of 2000, there were 2,218,899 people, 807,621 households, and 533,837 families residing in the county. The population density was 2,523 people per square mile . There were 854,119 housing units at an average density of 971/sq mi...
that the Dallas Landmark Education Center executive director had sexually assaulted her.
(Landmark Education did not have a sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
policy at the time of the alleged offense, but it introduced comprehensive anti-harassment and anti-discrimination policies following this suit, as well as detailed complaint-procedures.)
On December 16, 1998, the parties reached a settlement agreement
No charges were filed against the alleged perpetrator.
External links
- facsimiles of legal documents; legal commentary
- Landmark Education's website
- "Landmark and the Internet Archive", Electronic Frontier FoundationElectronic Frontier FoundationThe Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...
commentary and links. Retrieved 2008-05-27 - Google faces legal challenges over video service, The Washington PostThe Washington PostThe Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
, November 10, 2006 - Landmark Forum Violates Constitution and Federal Law by Trying to Chill Speech, PressZoom, November 1, 2006
- Landmark Education Fires Back At EFF, Redherring.com
- Deposition of Cynthia Kisser, State of IllinoisIllinoisIllinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, Cook County, Cynthia Kisser, from Landmark Education Corporation vs. Cult Awareness NetworkCult Awareness NetworkThe Cult Awareness Network was founded in the wake of the November 18, 1978 deaths of members of the group Peoples Temple and assassination of Congressman Leo J. Ryan in Jonestown, Guyana. CAN is now owned and operated by associates of the Church of Scientology, an organization that the original... - Suits Against Anti-Cult Blogger Provide Test for Online Speech, Charles Toutant, New Jersey Law Journal, January 10, 2006, includes Landmark Education's response at bottom, from General Counsel Art Schreiber
- Landmark Education registration as a Limited Liability Company