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UM (United Methodist Church) News 10/29/2020: Churches urged to file legal document in Boy Scouts lawsuit The General Council on Finance and Administration sent notice Oct. 21 to conference chancellors, treasurers and bishops, urging them to organize any local churches that have chartered Scout programs, even if the programs aren’t currently active, to file a “proof of claim” by 5 p.m. U.S. Eastern time on Nov. 16. Currently, more than 3,000 United Methodist churches charter more than 9,000 Scouting units serving over 300,000 youth, according to United Methodist Men, which oversees the denomination’s Scouting ministries. Though conferences are organizing the process, they cannot file on churches’ behalf. Churches should reach out to their conference office if they’ve not yet been notified. ... When a local church signs a charter agreement to sponsor a Scout program, the church is effectively responsible for conducting the program in its entirety, including the selection and screening of adult volunteers. That agreement could create liability in a sexual abuse claim. The Boy Scouts’ bankruptcy could not only eliminate its debts, but also potentially extinguish liabilities related to future claims. Though indemnification clauses in the charter agreements historically protected churches from liability, bankruptcy could leave those charters vulnerable. The original plan submitted to the bankruptcy court by the Boy Scouts includes protection for charter organizations. The judge sent the proposed plan to third-party arbitrators, who may decide against accepting the entire proposal, making any charter organization a possible target for litigation. The Council on Finance and Administration’s recommendation to file a proof of claim is a preventative measure that could ensure churches have continued access to the insurance coverage the Boy Scouts provides. “We’re protected now but the fear is the arbitrators might decide to separate the charters and go after churches as well,” said Gilbert C. Hanke, top executive of the Commission on United Methodist Men ... Churches are being cautioned not to simply suspend their Scouting programs, thinking doing so will protect them from liability. Since the deadline for filing abuse claims against the Boy Scouts is also Nov. 16, ending a scouting charter would not absolve a church of any claims made prior to that date. “It may not matter if you think your church has nothing to do with a BSA unit other than allowing them to use space for meetings. … If your church had been a Charter Organization going back over 50 years ago, your local church may still be fully responsible for damages arising out of a sexual molestation that far back,” Greater New Jersey Conference chancellor Sandy Brown explained in a statement to local churches. More details at source: https://www.umnews.org/en/news/churches-urged-to-file-legal-document-in-boy-scouts-lawsuit

IMHO, GSUSA leaders need a reminder from this former Girl Scout...

On Wed. night, the GSUSA posted on Twitter and Facebook “Congratulations Amy Coney Barrett on becoming the 5th woman appointed to the Supreme Court since its inception in 1789.” Their post included photos of all five female Supreme Court Justices with a Girl Scout green background. Their post quickly set off a fury of online criticism such that the GSUSA deleted the post and apologized: “Earlier today, we shared a post highlighting the five women who have been appointed to the Supreme Court. It was quickly viewed as a political and partisan statement which was not our intent and we have removed the post.” The tweet also read, “Girl Scouts of the USA is a nonpolitical, nonpartisan organization. We are neither red nor blue, but Girl Scout GREEN. We are here to lift up girls and women.” https://www.newsweek.com/girl-scouts-post-tweet-congratulating-amy-coney-barrett-then-delete-it-after-criticism-1543079 Buffalo Chip cookies coming soon?

Judge Silverstein signed order authorizing the Tort Claimants Committee (TCC) to employ and retain real estate advisor Keen Summit Capital Patrners 2.The Tort Claimants’ Committee is hereby authorized to retain and employ Keen as its real estate advisor, pursuant to sections 328(a) and 1103(a) of the Bankruptcy Code, Bankruptcy Rule 2014, and Local Rule 2014-1, effective as of October 9, 2020 for the purpose of evaluating the eleven properties listed on Schedule A of Keen’s engagement letter. If the Tort Claimants’ Committee determines to retain Keen to provide any additional services, Keen shall file an amendment to the Application that will be subject to notice and opportunity for hearing, and nothing in this Order and the record relating to the Court’s consideration of the Application https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/858520_1589.pdf The eleven properties Page 28 of 96, Keen's engagement letter https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/854608_1477.pdf

Leadership Development is a method of scouting. Here is an opportunity for SM and ASM's to develop leadership skills in their SPL and ASPL and set expectations*. Breaking down a problem and competition between groups to solve a problem could help ...hmm Patrol Method. Boy Scouts emphasize "Zoom free" activities during pandemic http://www.lamorindaweekly.com/archive/issue1418/print/Boy-Scouts-emphasize-Zoom-free-activities-during-pandemic.html * If there is not a safe, well-planned, and executed outdoor activity in next 30 days, the troop will need a new SPL, ASPL. Scouting is not about cursing the darkness, it is about lighting the candle...leadership is about where you light the candle under. My 0.02,

Thanks. BTW good research.

Moderator note. Some of those executive claim links have not redacted home addresses, phone numbers, and email addresses, so I hid post. @CynicalScouter if you want to re-post just those redacted claim links e.g. Mosby and Surbaugh that should be fine. Thanks, RS @MattR @John-in-KC

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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.

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

I stand corrected.

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.

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..

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.

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.

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

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 😡

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

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/

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

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,

Good article and photos https://www.ftleavenworthlamp.com/community/2020/10/21/cub-scouts-learn-about-shooting-sports/

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/

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?