ThenNow

Again, refer to my answer about litigation attorneys wanting to paint defendants in a bad light. That goes double for a plaintiff's attorney in tort cases (and twice on Sundays). I may have been obtuse and/or unclear again, but I was specifically referring to the Catholic Church. I think it flows from my stream of written consciousness, but maybe not. Anywho, that's what I was attempting to say in distinguishing them from BSA. I'm not aware of a historical a pattern of BSA knowingly and intentionally transferring alleged abusers from one place to another. Might it have been done negligently in more than a few cases? From what I've read in other cases, it happened way too many times. There are some guys on here who's abuse was because their abuser was able to move from one place to another with relative impunity.

I might step in it when I assume, but I'll assume away. [This is where we all pause and quietly recite the old adage about "when we assume." Back to b'ness. ] I believe he's speaking about the Kosnoff/TCC letter, which allegedly interfered with voting, which has been equated to ballots. That's a fair point. Also, he quickly called out the e-ballot on lots of anecdotal evidence. That can be seen as messing with voting/ballots, in particular. However unscientific and as yet unproven, he received that evidence from his clients. Totally legit and something he was compelled to report, IMNSHO. Litigation attorneys are in the business of making defendants look bad. That's what they try to do. Period. The goal is to demonstrate that they crossed the boundaries of the law and should be incarcerated or made to pay in some way. Has he extended the bounds beyond what is reasonable, genteel and professional? Probably. Does he care? No. (See my answer above regarding being mindful of the context in which TK dwells on the swells of this case and his Bluewater.) Also remember he has been eating sour grapes since he was disallowed from being a Mediation Party. He's not at the table so he's throwing blood-filled water balloons into the negotiation room. (Wow. That's a great visual. Please don't delete this. It's a very effective metaphor. I beg you.) If we can hoist the Catholic Church from their own petard, surely it's fair in this context. Do the cases present specific differences? Of course. Has anyone called them "the biggest pedophile ring in history"? Not that I know of. Are they equally deserving, if that's the word? Sure thing. And further, they did a ton of knowing and intentional transferring and relocating of abusers, which looks a lot like a ring and cycle of providing free access to kids. Again, in fairness, the BSA entered this process prior to Purdue and other tectonic shifts. Paraphrasing Prez The Donald, "I was just taking advantage of the bankruptcy laws in this country. Not to do it would have been a stupid business decision." You don't make the laws, but it's acceptable to use them. Might the recent changes rise up and put canines to the BSA hinterland? Yup.

Same. Mr. P is super cool. He seems to be suppressing a smirk many times, as someone that intelligent may be inclined to do when dueling with lesser mortals. AND he only once made a reference to his tenure as an attorney in this arena. (On first appearance, every attorney should be allowed the fleeting opportunity to tell us how many years they’ve been slaving in the coal mines of law practice and then be prohibited to reference it thereafter.) Knowing a few other attorneys on the claimant side, I think they deserve mention. They are not bankruptcy attorneys, but great and highly ethical litigators, like the ZuckermanSpaeder firm, for example.

How do you define “best”?

We need to remember the context and circumstances here: 1) This is a man I truly believe is passionate about representing child sexual abuse survivors. I am open to being accused of wearing VR goggles while stuck in a fantasy game; 2) This is a man who retired from practicing law and was off enjoying the fruits of his labors. Boredom can be a problem in retirement; 3) This is a man who “came off his yacht” to get involved in this case for survivors and, critically, AGAINST BSA. He has dual passions and one is to annoy, needle, inflame, harass...BSA, the Coalition, the TCC, insurers and anyone else he thinks is getting in the way of survivors’ rights, as HE perceives them; 4) This is a man who made his living as a career litigator. He knows what happens when one runs afoul of the Model Rules of Professional Conduct and/or the Court; 5) This is a man who has the money to pay for sanctions, if imposed. I think he would gladly pay them after he fought like hell not to while creating additional distraction, diversion and chaos. (Art of War); 6) This is a man who had already placed his shingle on the shelf in his Bluewater, so if the judge wants it he might be willing to give it up following another battle (See #5, above.); and 7) This is a man who is LOVE, LOVE, LOVIN’ playing El Pequeno Toro in the china shop of JLSS’s courtroom. Did I say, he’s “LOVI’N IT”? (Nod to Mickey D’s jingle in Jim Gaffigan’s whisper voice.) I am not blessing any of the above, but when you have little to lose you can give a lot in pursuit of your endgame. He can afford whatever might be imposed as sanctions and he already gave up his law license once. So, meh. Whatever. He’s all in and isn’t afraid of losing what he’s put on the line. My take.

Oh, no. I was on. Guy (Taylor) said just that. To add, she was very concerned about attorneys signing "100's of proofs of claims" and look where we are. She was clearly not happy and very "troubled." Blech. Btw, who should I bill for my hours upon hours upon hours of research, hearing attendance, writing, vexing and sheep counting? Who, I ask you? Good God man, is there not an adult in that house?

"Stand-down." If that doesn't just sum this up this entire drama in two little, single syllable words I don't know what does. Stand-down: "a relaxation of status of a military unit or force from an alert or operational posture."

Sorry if that article was posted already. It is regarding the Ann Taylor case, which has been discussed.

Interesting piece on third-party releases. “The beat goes on.” (Nod to S&C) Third-Party Releases Under Continued Fire in Ascena Retail Group Ruling https://www.lexology.com/library/detail.aspx?g=3ff29bf9-15f5-44a8-8372-d79ca7921941

Many moons, hundreds of pages and thousands of posts ago someone VolScouter (?) noted that BSA worked with top experts and consultants to develop it’s program for YP over a number of years. Is anyone willing and able to post the names of those individuals and organizations? I’m very curious and grateful in advance.

Dang it! TK colors outside the lines, so that may be tough to curtail. (Anyone else grow up calling them Jarts?)

I cast my non-POA, non-master, non-e ballot for a mano a mano Tanc v Kosnoff face-off. I’ll buy the live streaming rights, take wagers and we’ll make bank. Venue and form of combat TBD. Stay tuned... By the way, “combat” is used broadly. It includes such things as checkers, one on one dodgeball, reflector oven baking, knots, impersonations, lawn darts, and etc.

I agree with the last paragraph. I’ve spoken with people in the know and they believe the risk to JLSS and the case is too great if she starts tossing votes. The underlying problem, of course, is are there substantively invalid claims that are being counting on either side? Personally, and this is from knowledge of attorneys working the “reject” side, I don’t think invalidity is going to be high among most firm’s clients. From what I know, they did too much rigorous vetting for that to get by them. My opinion. The issue may not matter. I doubt much if any review will happen prior to getting before the Trustee’s throne of grace or judgment seat, as the case may be.

The claims are/will be against the Settlement Trust, that's why we all have to repeat a proof of claim process and then even more extensive and intensive. This time, we will be subject to examination by the Trustee and other manner of litigation-style poking and prodding.

I'll hazard an amateur comment. Even in an auto accident, insurance companies don't give up money without a release. There's nothing saying they have to "contribute," especially when BSA's liability has not been adjudicated. All third-party non-debtors are simply trying to buy their ticket to freedom from this mess, ala the Sacklers. BSA can lay CSA claims at the carriers' doors all day long, but as with any other insurance claim, they ain't payin until they're either made to through litigation or they deem it to their best calculated advantage. Right now, we're in the latter scenario. In this case, we peons don't even know their overall exposure, in the aggregate, or the market value of the claims. Ah, mediation privilege.

I would very much like to see a deep dive into how this oft-repeated statistic breaks out. How many is "many" and are there any patterns to be seen between the multiple victim abusers and the single victim abusers? Patterns could include timeframe, geogrpahy, the source of the claim, as in law firm or aggregator, and etc. (I fear we will never know what really happened in this case, both as to the abuse and the mess this has become. I digress.) I don't know that many BSA CSA survivors, but the majority were abused by someone who abused other Scouts. In my case, as I've said, I wouldn't be surprised if 10 claims name my SM. 5 is a gimmie. I could name more than 5, but have no idea if they filed a POC. Also, "identified" only means as to POCs filed in this case. History and studies tell us there are likely other victims. I know, we have to stick to the record. Just sayin... Ima thinkin' you're on to somethin' here, mister.

(Reposting this here. Perhaps it was misplaced on the "All Legalese, All the Time" thread.) Jan 19 (Reuters) “The University of Michigan said it would pay $490 million to 1,050 people to resolve claims of sexual assault against a former sports doctor, in a settlement spanning decades and involving mostly male athletes as victims.” https://www.reuters.com/world/us/university-michigan-agrees-490-mln-sexual-abuse-settlement-ap-2022-01-19/ When you read the article, note the nature of the abuse in comparison to this context. Any and all sexual abuse is egregious, but this case involves mostly male athletes over the age of 18, a doctor and “unnecessary exams.” Horrid, but not child rape. A public vigil for the victims on campus. (WSJ) No one should ever take my word on matters involving ciphering, but does this mean the BSA Settlement Trust 'should' be in the neighborhood of $38B plus another $.5B for good measure? Hm. Yes, I'm dreaming, but it's a good dream for a change.

Wee. Nigh onto my per diem back in the Wild West working world of 80's expense accounts. YeeHaw. I knew attorneys who billed clients for fresh (new) French cuff shirts while traveling. Nary an eye blink. (This is related and relevant to the topic because it is unpacking potential costs and fees associated with the case. True fact, as a good friend used to say.)

What’s the daily burn rate these days? Not my bailiwick, but if she can ditch a mediator with a flick of her wand, it would seem so. Right? In the event that happens, the “substantial contribution” argument by which they advanced the request (demand?) for payment of BrownRudnick’s fees would almost certainly go bye bye. Substantial contributor and obstructionist perch on the opposite ends of the teeter totter, me thinks.

https://www.reuters.com/legal/government/latest-vote-tally-boy-scouts-27-bln-abuse-settlement-falls-short-goal-2022-01-18/

You suggested several reasons for the cancellation. I’ve been asking everyone I know who might have a clue, including insiders and press. No one has been able to say. If weather, how can that shut down a hearing that is 100% virtual, other than Judge’s chambers? I guess the Delaware forecast might justify that and this is, after all, just another bankruptcy hearing, other than for those fully vested. As to COVID among key players, I suppose we may never know. I have had all three strains, but count myself blessed not to have been extremely sick. For 98% of the people I know who have/had Omicron, they are mostly working through with limited impact.

As Omni suggested. Knowing a little about some of the firms who used the ballot, I would be surprised if they failed to button up and batten down the hatches on their paperwork.

Sex abuse claimants torn over Boy Scout bankruptcy plan “If West Seneca resident Tracy Peterson had been sexually abused as a child in New York, his claim in federal bankruptcy court against the Boy Scouts of America could be worth upward of $1 million. But because the abuse is alleged to have occurred in the early 1970s in Texas, where Peterson was born and raised, he said his lawyers are telling him he probably will be eligible for no more than $30,000, minus 40% in attorney fees...” https://buffalonews.com/news/local/sex-abuse-claimants-torn-over-boy-scout-bankruptcy-plan/article_be11d1f4-7592-11ec-b256-5f4faec9e364.html

I spoke with Omni. The person in the know said, “The tabulation results are going to vary a bit, somewhat of a given between a preliminary report and a final. I don’t see any significant movement other than Class 9, which we called out in the declaration.”

Hearing cancelled. Ugh. **AT THE DIRECTION OF THE COURT, THIS HEARING IS CANCELLED** https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/bb83fb5a-7417-48cf-a88d-a1d50d4b257c_8334.pdf