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RememberSchiff

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  1. Scout Myers, 12, has been participating in the walk since he was 4, becoming the star fundraiser of the Littleton (CO) chapter — now called the Foothills CROP Walk. This year, he brought along some friends: his fellow Boy Scouts of Troop 36, who trudged five miles up Waterton Canyon on Oct. 24 to recognize struggles faced by people far less fortunate — with several of the boys carrying gallon water jugs to symbolize how far people in the developing world must walk for clean water. “So many people in the world face hardships and hunger, and it's easy for people who have food to forget,” Myers said. “I'm just trying to do what I can for them.” ... The CROP walk, which stands for Community Response to Overcome Poverty, dates to 1947, when it started as an effort to send seeds and farming supplies to war-ravaged Europe. Managed by the Church World Service, the annual walk-a-thon raises money for local, national and international food relief efforts. https://highlandsranchherald.net/stories/boy-scouts-take-strides-for-those-less-fortunate,315727 https://www.charitynavigator.org/index.cfm?bay=search.summary&orgid=7685 Well done Scouts.
  2. If you are referring to Kenneth Feinberg, he applied to the Court to be a mediator (see link below for his application). He was not selected. Judge Silverstein decided on a three person mediation panel which includes Paul Finn and Tim Gallagher who were forwarded by the BSA. For the third position, Judge Silverstein did not appoint BSA's third candidate choice rather former bankruptcy judge Kevin Carey. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/823120_773.pdf
  3. Given the economy, covid, and individual issues, there is the possibility a majority of claimants may instruct their attorneys they need money now leading to a quicker, smaller settlement. I have found some settlement loan companies specifically advertising to claimants in this Chapter 11. I won't post their links. Some advice from nolo.com https://www.nolo.com/legal-encyclopedia/pros-cons-lawsuit-loans.html Even if you need cash, a lawsuit loan might not be a good choice for you. Below are some of the main cons to taking out a lawsuit cash advance. It is not unusual for personal injury cases to take months or even years to settle or come to trial. The interest rates on a typical lawsuit loan can run between 27% and 60% a year, comparable to some payday loans. On a $25,000 loan, the interest can cost you $12,500 or more in just one year. Because the interest is usually compounded monthly, if the case takes two years to settle, you'll pay back a whopping $32,000 in addition to the $25,000 you borrowed.
  4. Agreed. The BSA has filed a motion "extending the Debtors’ exclusive periods to (a) file a chapter 11 plan (the “Exclusive Filing Period”) by 180 days, to and including April 13, 2021, and (b) solicit votes thereon (the “Exclusive Solicitation Period” and, together with the Exclusive Filing Period, the “Exclusive Periods”) by 180 days, to and including June 14, 2021, without prejudice to the Debtors’ rights to seek further extensions of the Exclusive Periods". And nearly two years after filing Chapter 11, USA Gymnastics, its claimants (517), and insurers (11 or 12) have not settled. IMO the BSA Chapter 11 filed Feb, 2020 is more complex, so..
  5. IMO, the quote was taken out of context https://legislation.nysenate.gov/pdf/bills/2019/S2440 § 6. Section 50-i of the general municipal law is amended by adding a 48 new subdivision 5 to read as follows: 49 5. Notwithstanding any provision of law to the contrary, this section 50 shall not apply to any claim made against a city, county, town, village, 51 fire district or school district for physical, psychological, or other 52 injury or condition suffered as a result of conduct which would consti- 53 tute a sexual offense as defined in article one hundred thirty of the 54 penal law committed against a child less than eighteen years of age, 55 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 56 committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in section 263.05 of the 2 penal law committed against a child less than eighteen years of age So 50-i of the General Municipal law Presentation of tort claims, commencement of actions with 1.No action or special proceeding shall be prosecuted or maintained against a city, county, town, village, fire district or school district for personal injury ... and short time limits ...does not apply when these acts were committed against a child less than 18 due to CVA (Child Victim Act) https://www.nysenate.gov/legislation/laws/GMU/50-I 5. Notwithstanding any provision of law to the contrary, this section shall not apply to any claim made against a city, county, town, village, fire district or school district for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in article one hundred thirty of the penal law committed against a child less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law committed against a child less than eighteen years of age. Here's just one example of a NY town and its school district being sued https://www.rochestercitynewspaper.com/rochester/child-victims-act-lawsuit-targets-brighton-town-school-district/Content?oid=10925411 Not a lawyer but that is my read. Most of the NY Child Victims Act is a list of amendments to existing state law.
  6. The recent (2018/2019) state Child Victim Acts are not restricted to child abuse cases in just the BSA or private youth organizations. Schools, churches, and municipalities are also liable in the look-back windows.
  7. Order approving Coalition for Abused Scouts for Justice motions amending claim verification, as I recall, particularly who can take and process claims. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/857843_1572.pdf Order approving Coalition for Abused Scouts for Justice to Participate in the Mediation https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/857845_1573.pdf
  8. 1566 edited and resubmitted as 1571. So after two years, Sidley is being replaced but not its attorneys who left for White & Case? https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/857857_1571.pdf Page 74 and 158 Deferred Compensation and Restoration Plan Participants Douglas S Smith Jr 😡
  9. Please take @ParkMan proposal and other future tort reform discussions to its own topic. This topic is for discussing the BSA's current Chapter 11 bankruptcy case. Thank you. RS
  10. Late last week, U.S. Bankruptcy Judge Laurie Selber Silverstein allowed the Coalition of Abused Scouts for Justice to join mediation discussions, giving a group representing 28,000 clients a say in any future settlement agreement. So far, 7,300 victims represented by the 10 law firms in the coalition have signed consent forms allowing the attorneys to negotiate on their behalf. More are expected to sign before the November deadline to file proof of their allegations. More at source: Scouts' abuse claims may become largest case against a single national organization https://www.usatoday.com/story/news/investigations/2020/10/23/boy-scouts-sex-abuse-claims-may-grow-tens-thousands/3718751001/
  11. Followup: Seemingly there is more to this. I bolded summary ~RS 10/22/20: Debtor files docket 1566 to retain and employ White & Case LLP attorneys (former Sidley Austin attorneys) 8. The Debtors are requesting authorization to retain White & Case as their lead restructuring counsel as of October 23, 2020 because the core members of the legal team began transitioning their practices to White & Case from Sidley Austin LLP (“Sidley”) as of such date. These attorneys, who include Jessica C. K. Boelter, Michael C. Andolina and Matthew E. Linder, have led the Debtors’ restructuring efforts for the past two years, including the first eight months of the Debtors’ chapter 11 cases. Blair Warner and Laura Baccash, critical members of the legal team, and Andrew O’Neill, who has appeared in front of the Court on behalf of the Debtors, have also transitioned their practices to White & Case. Accordingly, these attorneys have extensive preand postpetition experience providing legal services to the Debtors, including significant knowledge of the Debtors’ non-profit operations, financial affairs, liabilities, organizational structure, and the legal issues being addressed in the Debtors’ restructuring. Moreover, these attorneys are familiar with the numerous stakeholders that are actively participating in these cases. For this reason alone, White & Case is uniquely able to represent the Debtors in these chapter 11 cases. ... 10. For the foregoing reasons, White & Case is both well qualified and uniquely able to represent the Debtors in these chapter 11 cases. The Debtors could not replace the core members of the White & Case team without incurring significant costs in terms of the time and money that would be required to select and educate replacement counsel. Moreover, the Debtors have requested that White & Case and Sidley work cooperatively to ensure that the transition of services to White & Case does not interrupt or delay the Debtors’ restructuring efforts. ... 12. The Debtors anticipate that White & Case will replace Sidley as restructuring counsel in rendering the foregoing professional services. This transition is ongoing, and the Debtors expect it to be completed within the next several weeks. In light of the integral role of the core legal team members who have transitioned their practice to White & Case from Sidley, the Debtors submit that the retention of White & Case as lead bankruptcy counsel is necessary and appropriate under the circumstances. White & Case has indicated its desire and willingness to act in these cases and render necessary professional services to the Debtors, subject to the Court’s entry of an order approving the Firm’s retention as of October 23, 2020. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/857764_1566.pdf 10/22/20: Debtor withdraws above document (1566)??? https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/857818_1570.pdf
  12. Can't sue schools or the government? Not true. I wonder who sues school districts more often - parents or the teachers union. There can be some general restrictions, e.g., Federal Tort Claims Act states a two year time limit for claimants against the federal government but there are exceptions for actions in the line of military service and time extensions if government agencies hid information or stonewalled the legal process. My $0.02,
  13. Good article and photos https://www.ftleavenworthlamp.com/community/2020/10/21/cub-scouts-learn-about-shooting-sports/
  14. Update 10/21/2020: For the first time since the covid-19 outbreak, the Medici Museum has now reopened to the general public. https://www.wkbn.com/news/local-news/howland-art-museum-reopens-with-new-boy-scouts-exhibit-by-norman-rockwell/
  15. Again unless I missed it, the Court has not ruled on the Debtor position that local councils are "protective parties" not liable for claims against the organization...they are distinct and financially independent entities... So the TCC motion seems, to paraphrase, whatever, lets see what local councils got and go from there. Shouldn't the Court have ruled on that point as a prerequisite to considering TCC's motion?
  16. Hearing update 10/21/20: Hearing on this motion scheduled for Oct 23,2020 has been adjourned to Nov 6, 2020 as notice (link) below details including council responses and objections as well as related pleadings https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/857298_1557.pdf
  17. Here's a quote from the Moderator Policy "When a discussion deteriorates into a stagnant endurance contest, a moderator may interject that both sides "Agree to Disagree" and instruct that discussion move on or the moderator may lock the topic pending review." We agree to disagree and move on? Or should I lock topic? @John-in-KC @MattR
  18. Unless I missed it, there is no committee representing Charter Organizations or a subset of CO's at the mediation table?
  19. Another change - now serving a calming cup of Chai with every plate of warm pie at our Ed Mori Scouter Cafe?
  20. Good question. What do I/you want? The better parts of 1927, 1960, 2020? More scouts (outreach?) or better scouts (program)? an old fogey nostalgic for the good old days
  21. Come on, no ad hominem attacks during our debate exchanges. We are Scouters not politicians. Sorry working on a furnace problem and an unrelated Windows 10 problem. @MattR @John-in-KC
  22. Interesting ...BSA representation followed to our lawyers new firm? For the Boy Scouts: Jessica Boelter, Thomas Labuda, Michael Andolina, Matthew Linder and Blair Warner of Sidley Austin and Derek Abbott, Andrew Remming, Eric Moats and Paige Topper of Morris, Nichols, Arsht & Tunnell from Reuters The Boy Scouts of America is represented by Derek C. Abbott, Andrew R. Remming, Eric W. Moats and Paige N. Topper of Morris Nichols Arsht & Tunnell LLP, and Jessica C. K. Boelter, Michael C. Andolina and Matthew E. Linder of White & Case LLP. from Law360 (October 14, 2020, 9:43 PM EDT)
  23. Well we started the week with a cougar attack and now we have another cat fight. BTW, the BSA selected BOTH options The Debtors commenced these chapter 11 cases to achieve the dual objectives of (a) timely and equitably compensating survivors of abuse in Scouting and (b) ensuring that the BSA emerges from bankruptcy with the ability to continue its vital charitable mission. These objectives remain unchanged. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/855387_1519.pdf ...and now back to our show.
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