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The reason time barred claims are being allowed, indeed solicited, as part of the bankruptcy, is that the intent of this, or any other bankruptcy is to discharge all of the organization's debts, even if they haven't completely ripened yet. Specifically, BSA knows that not only does it have potential financial liability to claimants who are newly empowered by changes in SOL periods, it also knows that it faces potential ongoing liability if/when more states change their SOLs. Let's say that all time barred claims were stricken, and only currently open state claims were allowed to be p

it's not entirely accurate to say the attorneys' job is to maximize the amount their clients get. An attorney's duty is to zealously represent their client. Whether that means maximizing a monetary award is for the client to determine. if a client wants his attorney to advocate for a settlement that awards compensation equally regardless of the SOL differences among claimants then the attorney is duty bound to advocate for that irrespective of their view of the wisdom of it or what effect it might have on the attorney's well being. One of the challenges of contingency representation is

@IWasAbusedinScouting, welcome to the forum. I hope your participation helps everyone, you as well.

After sitting on these motions for seven months, she put them both on for hearing Monday. That tells me she is going to grant both motions, perhaps in some truncated form. Century Chubb will appeal. Will the survivors’ reps cooperate or likewise appeal?

(Raising my hand and waving it wildly in the air) Ooh! Me, me, pick me!!!

Kosnoff Law @SexAbuseAttys · 11h Dear hens in the Henhouse. http://Scouter.com I love you, well, at least some of you. You are the most intelligent, acerbic commentators on the BSA and the bankruptcy. Following your exchanges is incredibly edifying. Sadly, many of you don’t understand me. Lis

The time bared claim is a complex discussion. If you remember back to pre bankruptcy, the reason BSA faced a major risk was that they were headquartered in New York prior to 1954. 1954 to 1978 they were in New Jersey and post 1978 in Texas. One argument is that the claims against BSA should follow the SOL rules of those states from those times. Then you have an issue where SOL is a bit squishy as argued in the Illinois case mentioned earlier in one of these threads. The Illinois courts basically said the SOL for child sex abuse are not applicable if there was a coverup. So… unles

I not only think that this is the compassionate thing to do, I think it is also the smart thing to do. If claimants start turning on each other, they will lose much of their public support. They will convince the general public that it really is all about the money.

Of course you would, and the TCC has said that it believes in a robust vetting system. But, this comes down to a judge and whether she is willing to do the right thing or the expeditious thing.

Except that this has nothing to do withe Local Councils. The decision is BSA National's. The negotiations was between the COs and BSA National's leadership and lawyers. Moreover, for all you know the Local Council(s) are on the side of the COs vs. BSA National.

Sir, I find your comments juvenile, vile and disgusting. You certainly disgrace the few decent people I have personally spoke with who are still trying to defend the organization as being still worth-while, in light of all that has happened in regard to rampant sexual abuse by Scouting leaders for decades. Tim has been on my side for almost ten years, as I waited for some modicum of justice, after being sexually abused by three of my adult Scouting leaders but finding myself outside of "the law" (limitations stats) and it's inability to hold my abusers accountable for their crimes. I went to

That's the toggle plan in a nutshell: BSA only.

Not sure if this is 100% true. Think of it this way. A scout in a Troop in an Illinois council travels to Wisconsin for summer camp. He is sexually assaulted at camp. Does the SOL is Wisconsin apply or Illinois? What about the reverse? This isn’t a black/white situation and individual claimants are giving up their right to sue in state courts. The judge cannot simply wipe out their claims and if she does expect a decade of appeals.

Don’t forget that it is BSA National declaring bankruptcy. They were headquartered in NJ and NY prior to 1978. When the statements of time barred claims come out, is that per the state the crime occurred or Texas, NJ and/or NY laws? I legal theory was that National BSA could be sued based on the laws of the state is incorporated in. I would be shocked if the judge threw out 50,000 claims. Now, if the claim doesn’t meet NJ, NY, Texas or the state where it occurred… perhaps those could be tossed. However, the issue is that BSA LCs are attempting to get protection from

My concern here is what is LEGAL. Unjust and immoral aside, a federal bankruptcy judge cannot wave a magic wand and suddenly resurrect 58,000 time barred claims. Not even the TCC, FCR, or Coalition are arguing that's possible. So, can you cite to a single case where a bankruptcy judge resurrected thousands of claims beyond state statutes of limitations? And relatedly, and honestly, what is your particular end goal here? If it is 100% pay out on all 82,500 claims (as it appears to be) how and where exactly do you think the court will get that $104+ billion (at least) from an

I am not familiar with that case having come late to this forum, but it sounds like the court held that the statute of limitations was tolled for the period of concealment. This is a common doctrine, applicable in cases of those out of the country, in military service, minors, and where a cause of action is concealed. I doubt the court held that the the statute of limitations was no longer applicable. If you recall the citation, I'll check it out. So, consider the case of a scout abused in one state, whose council's office is in another, in 1955. Perhaps 3 potentially d

Oh, those of us with even a modicum of awareness and ability to evaluate beyond the hype understand you Mr. K. That is why certain large, unsavory scavenger birds are used in referral sometimes.

It is the compassionate thing to do, no doubt. It is the smart thing, in slight defense of National, as it can make the claim that it is trying to (equitably?) compensate victims by including a class with no legally enforceable claim in the settlement. But National does not need to be successful in this attempt, just make the attempt to claim that it tried. (As I've posted, National definitely seems to want those folks voting in favor of its Plan.) With respect to claimants "turning on one another," my read is that that is unavoidable. I find it highly unlikely that a Claimant

I agree that someone with a time barred claim should have no vote. And because they have no right to recovery and no path to have a right to recovery. The law does not tend to favor those who "sit on their rights." It is why we have statutes of limitation. Courts do not want to be in the business of adjudicating stale claims, where documentary proof has not been retained (discarded in reliance of the existence of a statute of limitations), witnesses are dead, can't be located, or their memories faded-because these factors tend to diminish the ability of the court to assure both sides a

I guess it depends on where you think the crime occurred. Did it happen exclusively in a remote location in a campground of a time-barred state, or did it also happen in a hidden away corner of a secret file room at BSA headquarters? I think both. It shouldn't be treated like a local issue.

UKScouterInCA Thanks for the reply. Daughter said she enjoyed her time with a UK Scouter and his crew. She said to tell you that you weren't the only UK guy there. And she's glad you had a great time and thinks your list should be on everyone's packing list. Happy trails, Bsaggcmom.

@Gilwell_1919, The BSA has its own legal department that would have carefully reviewed any materials that were released. The BSA also has an IT department that would have likely developed the website a month or so prior to the release. I have seen many materials from the BSA and none have ever discussed, named, or otherwise identified claimants attorneys.

ECREE: “extraordinary claims require extraordinary evidence” What you are alleging is a vast criminal conspiracy (to defraud claimants and the court), including the use of a time machine to get websites into your November/December 2019 Roundtable presentations that didn't exist until February 2020. Things are not adding up because your dates are off your data is wrong, and your recollection is faulty unless somehow a TARDIS is involved.

If any "official" website for claims registration or reporting lead to AIS contacting a would be claimant, that is the same thing, unless the system was hacked. Redirection of a contact is, effectively, a direction/recommendation. I'll wait on the pillow dealio until I see the rest of the trail.

Nowhere does any of that mention AIS. Your claims was that BSA was directing claimants to AIS. That photo doesn't show that. Neither does the AIS professional employment agreement. Again, that's not what you claimed. You claimed that BSA/National had said that. I'm not asking what AIS said, I am asking what BSA said. And YOU said, quite clearly, that BSA had directed people to AIS. And I, and others, are here to tell you that is 100% not true. BSA never, ever directed anyone to AIS. Ever. If they had, people start going to prison. And thus far you still have no

Thanks for your service, by the way. I was looking...

The point is pain and suffering damages are part of the US tort system going back to the UK/British system we borrowed/copied our legal system from. To argue now that "you cannot quantify pain, therefore sexual abuse victims get NOTHING" isn't realistic. Moreover, as part of the RSA, the TCC/FCR/Coalition and BSA are all on record as having agreed to an abuse matrix. I won't post it directly, but suffice to say it is exists and was agreed to by the major parties creditors and debtors.

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.

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 wi

I was told by a wide old Sage Bankruptcy Professional at the start of this "In mass tort bankruptcies 90% of the claimants have TWO questions ONLY. How much will I get and when will I get it?" Insurers know this. They live for it. Their outside attorneys are paid by the hour more in a couple weeks than I'll make all year and that's still a bargain for the insurers compared to settling. The longer insurers can get claimants to wait the less they'll take to get it over with and the money that sits in the insurers accounts makes more than expenses. . The shorter they can get claimants to se

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 secrec

Oh I understand him completely. 1) BSA is utterly beyond redemption. 2) Even if BSA was worthy of redemption, the amount of abuse is such that there's no way it can be saved. I believe as he once put it there's too much abuse and not enough money. 3) Local councils are fruit of the poisoned tree that is BSA OR branches off that tree. 4) Therefore, Silverstein should immediately do the following as to BSA and the LCs. a) Declare all LC assets as part of the BSA "estate" (estate in the bankruptcy sense, not the probate/dead person sense). b) Appoint a trustee to tak

I am looking through all my emails... but was something we got from the google drive from the NOV 2019 RT when we were gearing up with for our 2020 IYOS. I will never say I am infallible, and it is certainly well within the realm of possibility "conflating" dates... but I am almost certain about the timeline because I was having monthly Key 3 meetings all throughout 2019 with my DE and the topic of chapter 11 was part of all of them as I was being bombarded by UCs, leaders, and scouters for more information (which I really didn't have). I worked with my LC at that time to pull together our IYO

Seriously...y'all are making me laugh. I understand it sounds 100% ludicrous. I'm simply trying to piece together the information I have and weigh it against what I have seen coming out of the courts. If my recollection of the NOV/DEC RTs is off, then I will own that. But, I am still waiting on those slides. Once I get them, I promise I will share them. Right now I am scouring through 9,000+ emails from Jan 2019 - Feb 2020 to find the info... but... most of it points to the google drive that I no longer have access to. Overall... no malicious intent here folks.