ThenNow Posted November 2, 2021 Share Posted November 2, 2021 4 minutes ago, T2Eagle said: It is interesting to think of this settlement in comparison to the current plan 5.x. Essentially the victims will be splitting the insurance coverage of the scouts and a much smaller amount from the self insurance fund of the Chartering Org. This doesn't seem that different from the current plan on the table. It also makes me wonder how viable the alternative idea of "well let's all just go to state court" is. This was a pretty straightforward case with criminal convictions, egregious behavior, and in the municipality a defendant traditionally thought of as being fairly deep pocketed. Agreed. I am now curious to understand it in greater detail. I contacted news outlets who cover the Chapter 11 to get their take on it, too. It rather doesn’t make sense, cents or dollars, does it? Several Tier One claims with convictions. Something is off... Link to comment Share on other sites More sharing options...
ThenNow Posted November 2, 2021 Share Posted November 2, 2021 (edited) 28 minutes ago, 100thEagleScout said: How successful you do in state court is like 10% the facts of the case and 90% the attorney you’ve hired for the case. Personally I have a large law firm partner who filed on my behalf in state court because small time attorneys would have a very difficult time pressuring the LCs into a larger individual settlement. Yes. Good reinforcement. I was trying not to disparage the single attorney representing the 7 victims, but I would not have selected him. Not a chance. On that note, anyone who is willing, I would love to know how you feel about your counsel in the case. I have heard about AVA (both sides of the experience), the Coalition, Zuckerman-Spaeder, Jeff Anderson, Tim Kosnoff and a few others. Curious. Edited November 2, 2021 by ThenNow Link to comment Share on other sites More sharing options...
clbkbx Posted November 2, 2021 Share Posted November 2, 2021 24 minutes ago, ThenNow said: Jeff Anderson This is my attorney and they have been good to work with. Definitely responsive and almost always the point of contact is an attorney. They set expectations early on that it would be a long process and they send timely email updates when there is something to share. I had many questions early on and, looking back, I appreciate what they could and could not answer directly or specifically. My understanding of what is happening in the case is better informed by the TCC videos (and this forum) but I feel confident about the representation. 1 Link to comment Share on other sites More sharing options...
ThenNow Posted November 2, 2021 Share Posted November 2, 2021 9 minutes ago, clbkbx said: This is my attorney and they have been good to work with. The firm is representing you in the Chapter 11 and state court, assuming your SoL context allows for that? Link to comment Share on other sites More sharing options...
fred8033 Posted November 2, 2021 Share Posted November 2, 2021 17 hours ago, qwazse said: Going after a volunteer fire department in a distressed community? A few now-impoverished friends who hosted a scouting group for a few years then disbanded? With no liability coverage? A victim might get more with a tin cup. Doesn't it depend on the incorporation of the fire department. Did the city run the fire department? Provide training? Own the building? Provide oversight? ... That's the whole volunteer scouter issue. BSA liable for volunteer actions. If a city fire department failed to oversee a scouting unit, then the city should be liable for damages. I'm also betting there is a paid staffer somewhere in the volunteer fire department chain. Even if paid a token amount. Similar can be argued for elementary school chartered packs. Or even for schools that allowed recruitment in the elementary school classes. They endorsed scouting without any oversight. Link to comment Share on other sites More sharing options...
Sentinel947 Posted November 2, 2021 Share Posted November 2, 2021 9 minutes ago, fred8033 said: Similar can be argued for elementary school chartered packs. Or even for schools that allowed recruitment in the elementary school classes. They endorsed scouting without any oversight. Yes for packs chartered by a school, probably not that we're not charters but allowed access for recruiting. Link to comment Share on other sites More sharing options...
fred8033 Posted November 2, 2021 Share Posted November 2, 2021 (edited) 18 hours ago, Eagle1993 said: https://www.wlky.com/article/dollar365-million-settlement-reached-in-lmpd-youth-explorer-sex-abuse-scandal/38126069# How is a BSA insurer agreeing to cover this. Wouldn't this go through the bankruptcy court? 3 hours ago, ThenNow said: Interesting. Note the victims’ attorney said the city’s insurer will be paying and implies some cases were time-barred. ,,, “Thomas said the city and its insurance company will pay the settlement. ... He said he would have liked to get more but questions about the statute of limitations may have reduced the value of some of the cases. I really find this the most interesting development. City was sued City paid. Paid now because suits against the COs / LCs are not bankruptcy blocked. Shows the deepest possible pockets. Cities, insurers and large institutions. Shows not all paths are blocked now. Why are COs and LCs not being sued? They are not blocked by the bankruptcy case. Seems like BSA bankruptcy is noise blocking progress getting money for victims. Edited November 2, 2021 by fred8033 Link to comment Share on other sites More sharing options...
SiouxRanger Posted November 2, 2021 Share Posted November 2, 2021 1 hour ago, fred8033 said: Doesn't it depend on the incorporation of the fire department. Did the city run the fire department? Provide training? Own the building? Provide oversight? ... That's the whole volunteer scouter issue. BSA liable for volunteer actions. If a city fire department failed to oversee a scouting unit, then the city should be liable for damages. I'm also betting there is a paid staffer somewhere in the volunteer fire department chain. Even if paid a token amount. Similar can be argued for elementary school chartered packs. Or even for schools that allowed recruitment in the elementary school classes. They endorsed scouting without any oversight. My state has statutory exemptions from certain types of liability-generally negligence-for unpaid volunteers serving on governmental or quasi-governmental boards. Perhaps such exemptions exist for unpaid volunteers serving as volunteer firefighters, etc. And, it could vary by state. I doubt that intentional torts are given the protection of an exemption, so the abuser would not have any protection, but those not intentionally committing abuse would likely be protected. Whether the government which sponsors the firefighting unit would be exempt raises the issue of "governmental immunity," which is complex, and also could vary from state to state. Retaining an experienced attorney who is knowledgeable in these legal issues is critical to maximizing the value of your claim. 1 Link to comment Share on other sites More sharing options...
T2Eagle Posted November 2, 2021 Share Posted November 2, 2021 3 hours ago, fred8033 said: I really find this the most interesting development. City was sued City paid. Paid now because suits against the COs / LCs are not bankruptcy blocked. Shows the deepest possible pockets. Cities, insurers and large institutions. Shows not all paths are blocked now. Why are COs and LCs not being sued? They are not blocked by the bankruptcy case. Seems like BSA bankruptcy is noise blocking progress getting money for victims. I might be a little off here, but my understanding is that suits against LCs and COs are currently stayed by the bkr proceedings. Someone has to assert that stay to stop a proceeding, so in theory any LC or CO could allow suits against themselves to proceed. And though the news reports say the city and the Boy Scout's insurer are paying the settlement, that may not be a perfectly exact statement. It may be that the insurer is covering the LC or BSA or both. It is also possible that the insurer had already agreed to step into the shoes of BSA prior to bkr, and that might allow them to settle without the court's direct approval. Link to comment Share on other sites More sharing options...
DJ72 Posted November 2, 2021 Share Posted November 2, 2021 23 minutes ago, T2Eagle said: I might be a little off here, but my understanding is that suits against LCs and COs are currently stayed by the bkr proceedings. After my discussion with my attorney, your statement above is also my understanding. Link to comment Share on other sites More sharing options...
Life Posted November 2, 2021 Share Posted November 2, 2021 (edited) 6 hours ago, ThenNow said: Yes. Good reinforcement. I was trying not to disparage the single attorney representing the 7 victims, but I would not have selected him. Not a chance. On that note, anyone who is willing, I would love to know how you feel about your counsel in the case. I have heard about AVA (both sides of the experience), the Coalition, Zuckerman-Spaeder, Jeff Anderson, Tim Kosnoff and a few others. Curious. I’m pleased with my attorney. I had started working with them before the SOL in CA opened. We were in hopes the pending bill would pass and it did. The Gov. signed it and it went into affect Jan. 2020. My case was filed the following day. They walked me through a media report, then a forensic psych evaluation. Which was tough on me. Then the bankruptcy happened and we created and filed my claim. They have been adamant that any of the plans thus far have been inadequate. So they are consistent. When I feel like I need personal attention they reply to my email but I try to stay out of their hair. I’ve seen motions pop up here and there from them throughout this mess so I know they are working. 😎 Edited November 2, 2021 by Life Typo 1 Link to comment Share on other sites More sharing options...
ThenNow Posted November 2, 2021 Share Posted November 2, 2021 Does anyone have the link to the Coalition’s first town hall/update? I see the second one on their site, but can’t find the first. Many thanks and may the road rise up to meet you. Just try not to meet it in the middle, which I have famously been known to do. Link to comment Share on other sites More sharing options...
clbkbx Posted November 2, 2021 Share Posted November 2, 2021 6 hours ago, ThenNow said: The firm is representing you in the Chapter 11 and state court, assuming your SoL context allows for that? Yes, that is correct. 1 Link to comment Share on other sites More sharing options...
SiouxRanger Posted November 3, 2021 Share Posted November 3, 2021 10 hours ago, ThenNow said: but I would not have selected him. Not a chance. Why not? Your reasons may help others consider their individual situations on sticking with their current attorney, or making a change. Thanks. Link to comment Share on other sites More sharing options...
ThenNow Posted November 3, 2021 Share Posted November 3, 2021 (edited) Random note if you’re watching or will watch the Coalition update. Their recently engaged bankruptcy expert, Arik Preis, is speaking on the broadcast. He is attempting to rebut the TCC’s assessment of the Plan and recommended “No!” vote. Arik was one of the attorneys hoping to be hired as counsel to the TCC. He was not selected and, to my knowledge, is not expert in child sexual abuse cases. When I was in Wilmington to apply for the TCC, he lobbied me hard to hire him, if I was selected for the TCC. In so doing, he was very disparaging of current TCC counsel. I think it’s important you know that. It’s no surprise he’s popping up here. Oo. Update. Ann Andrews is now speaking. Interestingly, she cornered me in Wilmington and was likewise not favorable to current TCC counsel. Hm. This is very curious, no? Edited November 3, 2021 by ThenNow Link to comment Share on other sites More sharing options...
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