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ThenNow

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Everything posted by ThenNow

  1. So it's clear, AIS had it's first video briefing in Aug 7, 2019. During the conference, Stewart Einsenberg announced that a group of law firms (his firm as named at the time, Kosnoff Law, and Andrew van Arsdale/AVA Law Group) had "band together...partnered" under the banner of Abused In Scouting as early as February of 2019. This means, AIS was in existence well before the filing date one year later. What that means, of course, is they certainly COULD have been in a position to take such referrals IF they did, in fact, happen. Just want the timing to be out there and clarified. https://duckduckgo.com/?q=abused+in+scouting+announcment&t=brave&iax=videos&ia=videos&iai=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DpWjVtxoxZps
  2. To reinforce, this is not just a request from a Scouter, but from me as a victim claimant. This is very important. Whatever you can/would share to corroborate would be helpful. I was told last night that "transparency is Scout-like." I appreciate yours already and, again, in advance.
  3. Thanks for your service, by the way. I was looking...
  4. Would you please unpack this a little? I'm not sure I'm following the bouncing ball. Thank you muchly.
  5. Yeah. What a dope. Trying to rustle up some clients. Anyone who doesn't know the difference between "suppress" and "repress" isn't to be trusted or taken seriously. Unfortunately, he will be by some who are unsuspecting. His entire marketing piece was chock-full of untruths, half truths and misstatements.
  6. Huh? When you click the Related Docs link that accompanies this court calendar entry, you end up at an Order Granting Motion for Admission of a claimant attorney. Anyone have any notion of what up wit dat? https://cases.omniagentsolutions.com/calendar?clientId=CsgAAncz%2B6Yclmvv9%2Fq5CGybTGevZSjdVimQq9zQutqmTPHesk4PZDyfOOLxIiIwZjXomPlMZCo%3D)%2BAND%2B5059%3DBENCHMARK(32000000%2CMD5(0x63764c45))%2BAND%2B(1329%3D1329
  7. Follow up. Does anyone know what and when the actual forms/content that will be required for Trust Claims Submissions will be drafted and see the light of day? Is that all in the post-approval melee? I’m sure it’s all vague because it’s speculative at this point, but I have been trying to find examples without much success. I would love it if someone would do a flow chart. We just need a flow chart, because I really like a good flow chart. (That better?) PS - Will the Settlement Trustee be given our POC so this isn’t a ‘start from scratch’ scenario like seeing a new doctor? “Here. Go sit over there and fill out all this crap so we have your medical history...”
  8. Yes. https://www.gillibrand.senate.gov/news/press/release/senator-kirsten-gillibrand-and-representative-gwen-moore-announce-legislation-to-encourage-states-to-end-statute-of-limitations-for-child-sexual-abuse
  9. Another of my random questions. Hoping someone knows the answer. Have any of the organizations who filed for Chapter 11 on the basis of child sexual abuse claims either: (a) voluntarily converted to 7 and when kaphlewie; or (b) went belly up not to long after emerging with a fresh balance sheet and new lease on life? A heard quite a statement the other day, attributed to the attorney who represented one of the RCC Diocese. He is reported to have told a LC, which he represents in this case pro bono, to paraphrase: “Don’t worry. The Diocese went through this, they’ve put it behind them and business is booming!” Seriously. I’ve not followed much of the afterglow for these groups once they pop out the other end of the gauntlet. Thank you. Thank you very much. [Nod to the King]
  10. So, process question. Would such a partial payment be via and subsequent to the Settlement Trustee's review and value determination? I assume every survivor payment has to pass through his review, whether total or partial. Yes? Thanks berry much.
  11. I’ve heard and seen it argued that, since sexual abuse cases are brought as torts/injury-based, if there was no “physical injury” resulting from the abuse, then it doesn’t really qualify as an injury. Yes, some sexual abuse directly involves physical injury, but not all. What percentage, I won’t even hazard a guess. Someone probably has numbers. The notion that no “injury” no damages is patently absurd. Clearly there is injury and that is widely accepted. “Nothing physical that’s broken or bleeding or lingering, so what’s the fuss? Show me your wound and I’ll agree it’s compensable.” In most cases, it’s largely about the ramifications of the abuse, so we must wade deeply into emotional and physiologic pain and all that stems from it. One example. In order to arrive at quantifiable medical expenses and lost wages, to name just a couple, don’t you have to follow the trail from the “abuse without physical injury” into the immediate and resultant emotional trauma that gives rise to the need for all manner of treatment, medication, therapy and lost wages, as well as other damages I won’t list? If you ascribe to the no injury theory, you stop at “no blood” and say, “Sorry. Nothing broken here.” Courts, medical experts, juries and society have coalesced around the contrary consensus that emotional trauma and life impacts are often the critical indicia of the abuse, as well as the source of real world (economic) damages. Is it less tidy than, “Dude! You broke my fishing rod so pay me the cash equivalent for a new one,” but no less real and convertible into dollars. Punitive damages? Another matter and more complex.
  12. Yes. I hear you. To start, what all are you putting in the economic damages column for these child sexual abuse cases? I should have asked that first. Thanks.
  13. I don’t want to argue about the rest of your post, but this is simply inaccurate and untrue. It’s one of the reasons BSA hasn’t, to my knowledge, put all the awards and settlement amounts in plain view. You can see how they’ve assigned value. Emotional distress, pain and suffering and life impacts have been in the injury and damages calculus for many years.
  14. One of the things I learned through my class action v. Aetna is they have a well-crafted, time-tested, two-deep strategy. The two amigos are Deny and Delay. Rinse. Wash. Repeat. From the point of my initial claim on a 36 session procedure to my ultimate denial on “independent 3rd party review” took about a year. The lawsuit itself took another 3 ish. I was not going away after certifying a class of 1250 similarly situation people, each with a legitimate claim for wrongful denial of coverage for a highly efficacious depression treatment. We got everyone money, even if they never went through with treatment because they couldn’t self fund. So, 4+/- years. That totally sucked, but it was required for them to come to the table and cough it up.
  15. This is a compilation of just four of the most recent statements to this effect. Brief as it is, how potent indeed. If I scoured the forum, the thing would be many, many pages long and I would be required to resort to episodic thread divisions using Avengers episode titles. From reading these, I don't see how anyone could miss why BSA finds itself in this situation with child sexual abuse in Scouting. "Shhhh. If we don't say anything, no one will know!" Exactly, idiots. Know one knew...BUT YOU!!! This is what results from "poor communication and lack of transparency," "operational secrecy," "opaque" organizational structure, "cult-like" management, "blind discipleship," an "overall structure itself [that] is a dysfunctional alternate reality," and "top secret management." Good grief. Once again, from Patrick Boyle's book:
  16. I’m taking that as an implied, return compliment. Making a cynical person blush takes a steady hand, a measure of skill and, undoubtedly, flare.
  17. I don’t know how to link to old posts, on top of which this one is in the now time-barred previous episode, Episode IV: Fatal Revisions. So, this is from 8.2.21 REPOST As to the sense that “there’s not much that does help - no undoing what was done,” that’s true in part and less so as to the other. We can all agree about the undoing. What’s done is done, as to our historic BSA child sexual abuse. As I say, the abuse is the abuse is the abuse. It happened. It was bad. For many brutal. For nearly all of us, life changing to one degree or another. “Help” is very relative, of course, so it’s terribly hard to accurately define. I will give some examples of things that, for me, have qualified as “helping.” Then, I’ll recap what I said before about a good result, which would “help.” 1. Acknowledgment. I see you. I believe you. You are not alone. You are not forgotten. You are not crazy. You are not worthless. You have a future. You are a man. You did not invite this. You are not defective, even though you have been broken. 2. Listening. As you’ve seen/read, this forum has been helpful for some/many of us. It has been critical to my sanity since I first posted in December of last year. I’m grateful to have been welcomed, even in the midst of occasional canon fire. Sometimes, we just need to express the turmoil and be allowed to do so. It’s one of the most difficult things to do, especially when we are attacked for expressing it strongly. We’re doing our best, which may not seem like enough or an adequate excuse for heightened emotions. When others fail to consider what we’re going through and don’t understand we’re not just lurking around on an online forum looking to pick a fight, it is doubly difficult. When strongly challenged, especially as to our veracity or motive, we either attack back, flee or go numb. 3. Support. One of the ways people support me is by simply asking, “Is there anything I can do for you today?” Sometimes, they get frustrated when I say “not that I can think of,” possibly surmising I’m trying to be a martyr, carrying the burden alone. When, in fact, I often just can’t think of anything. It’s the ASK and the obvious willingness to DO something that is important. This is why when some of you ask me/us what are obviously compassionate questions about what can be done (for us and in the future of Scouting) it means so much. When I/we sense the sincerity and concern, followed by active (virtual) listening and reflective responses, it’s powerful. 4. Don’t Solve for X. We can’t be “fixed” or solved, as to what happened to us. Fix the BSA. Please don’t come with your tool kit and try to look under the hood of victims and do your magic to make things run smoothly. Men, in particular, can be prone to over-simplify, race to a diagnosis and set off banging on things to make them work. This is way too complex. As I’ve said before, if you want to really understand, you’ll need to study the subject matter. You can read, The Body Keeps the Score and Complex PTSD: From Surviving to Thriving, to understand a bit about impacts. I can suggest others, as well. I could go on, but I’ll leave it there and other guys can add. I did this in a previous post about a “good outcome” and may have forgotten a couple points, but what would help at this stage, relative to the BSA drawing us out and into this would include: 1) YPT improvements (with all the elements I, MYCVAStory and others have noted); 2) Full disclosure and accountability; 3) AG investigations; 4) As much money as we can get; and 5) An actual apology, not just “We are so saddened...that some were abused while a part of Scouting.”
  18. If you recall, there are specific, non-monetary components to this case that are very much appropriate to this discussion. Further, if you want to understand why so many people filed claims and why we are so vocal and descriptive about the life impacts of child sexual abuse — which has brought BSA into this situation — you’d want to know. Money? Yes. Compensation? No. Recompense? Yes. Accountability and acknowledgement of not only the abuse but the years of torment? Yes, most definitely. [Exclamation point] Your myopic opinion is pretty much just that. That’s not a judgement, rather an observation.
  19. Not exclusively, in this case. Exclamation point.
  20. You got that right. You’d have to find me and then make your way through my security to shut me up. Fat chance my droning will in any anyway be curtailed, other than by my bodychecker friend. Do you mean “where is the discussion...” here or in the press? If you’re inviting the neurobiological discussion and research articles, you may get more than one page. Lots more. Was the discussion you heard live or video? Want to go first? Also, I put together a pretty decent list in response to the “needs” question some time ago. As I recall, I answered a post by “WIMomma?” (forgive me if I got that wrong).
  21. I appreciate the limited correction, but in the main CS has been a great source. Also, he sure ain’t gonna quote someone who doesn’t reinforce his position. I was also suggesting, but didn’t say clearly, that in addition to CS’s knowledge and volume of posts, I doubt TK is reading every line in the thread. He’s referenced CS’s posts before, who is often critical of National and LCs, though not with attribution, as here. Watch him and there are things to Tweet. As to the the point quoted above, haven’t we come to expect the unexpected from him? Know any other people with a lot of money and a passion (real or projected) who sorta feel they can Tweet with impunity. Morality and code of ethics aside, why not? He’s doing the Tweet thing as an influencer, actual or self-anointed. I’ll take this over someone who sings raunchy songs, wins Grammy’s and talks about political and social matters on which they aren’t qualified to speak and when they do it’s a hot mess.
  22. If it’s of any benefit, the LCs have full access to the POCs implicating them, without redaction of the survivor claimant’s identifying information. The Ad Hoc Committee of Local Councils was allowed access to the redacted versions only. Also, once they are in the hands of the LC, their interpretation of “mandatory reporting,” per the Confidentiality provions of the POC, moderated or monitored in any way. That’s what I am being told. Once they have them, they can use that information as they see fit ONLY as to reporting and law enforcement.
  23. If you noticed, the source he quoted from this forum is someone who has demonstrated an enormous breadth of knowledge of this case, BSA National, Local, Scouting on the ground and the law, generally. I doubt it was a random pick out a hat.
  24. I have a friend close to the case on the victim side. He has occasionally body checked me if I seem to be going down a path that could be detrimental either to our case, overall, or the morale of our cohort. It’s been enormously appreciated, as I am prone to both verbosity and a quick trigger. Interestingly, he is a distance guy and I a sprinter. When we had to run the “440 yard dash,” the 100 and 200 guys buried ourselves amid the pole vaulting pit foam. I don’t like it, but he’s helping me realize I can’t even see the tape at this point. Don’t even get me started on avoidance measures when we were supposed to time on the half mile and mile. Called in sick that day.
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