Gaddy (LDS) Proposed Class Action Case Status - 09-09-2025
Appellants just filed a Petition for En Banc Rehearing with the Tenth Circuit. Our petition can be read here. It is in response to the Court’s decision of August 26, 2025 affirming the trial court’s dismissal. (Documents here)
We should have a decision on whether the entire court will rehear the case by the end of the year. If the Petition is denied we will petition the Supreme Court for a Writ of Certiorari. Less than 1% of those are granted (heard).
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Previous Status 08-26-2025
We should have a decision on whether the entire court will rehear the case by the end of the year. If the Petition is denied we will petition the Supreme Court for a Writ of Certiorari. Less than 1% of those are granted (heard).
On August 26, 2025, the Tenth Circuit Court of Appeals, affirmed the lower court's decision, dismissing the RICO claim in Gaddy, et. al. v. the LDS Church.
The gravamen of the Gaddy case alleges that the LDS Church mispresented its history. We are disappointed that the Tenth Circuit Court of Appeals has interpreted the “church autonomy doctrine” as an affirmative defense to fraud, that is misrepresentations of fact. Historically, the First Amendment, from which the church autonomy doctrine derives, only protects sincerely held religious beliefs.
A decision whether to petition the Supreme Court for certiorari will be made within 90 days .
Appellants just filed a Petition for En Banc Rehearing with the Tenth Circuit. Our petition can be read here. It is in response to the Court’s decision of August 26, 2025 affirming the trial court’s dismissal. (Documents here)
We should have a decision on whether the entire court will rehear the case by the end of the year. If the Petition is denied we will petition the Supreme Court for a Writ of Certiorari. Less than 1% of those are granted (heard).
---------------------------------
Previous Status 08-26-2025
We should have a decision on whether the entire court will rehear the case by the end of the year. If the Petition is denied we will petition the Supreme Court for a Writ of Certiorari. Less than 1% of those are granted (heard).
On August 26, 2025, the Tenth Circuit Court of Appeals, affirmed the lower court's decision, dismissing the RICO claim in Gaddy, et. al. v. the LDS Church.
The gravamen of the Gaddy case alleges that the LDS Church mispresented its history. We are disappointed that the Tenth Circuit Court of Appeals has interpreted the “church autonomy doctrine” as an affirmative defense to fraud, that is misrepresentations of fact. Historically, the First Amendment, from which the church autonomy doctrine derives, only protects sincerely held religious beliefs.
A decision whether to petition the Supreme Court for certiorari will be made within 90 days .
