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Everything posted by TAHAWK

  1. Didn't Greater New York Council openly refuse to follow BSA policy when that policy excluded gay persoons?
  2. Say Allstate tells you they will pay nothing to settle a caase where you rear-ended someone. (Actual case). You are at fault for not ______________ ? What?
  3. Every year for twenty-five years, Troop 22 did Summer Camp in June, high adventure in July. Patrol campunts in August. Planned by the Scouts. Never cancelled. campouts
  4. What always interested me about the wisdom of Summit is the potential liability for the cost of remediation of the stripmining of much of the property. Our local Council has dismissed the litigation and banckruptcy as nonevents on the grounds that the LC is a "separate entity." Per their cheery emailed videos, nothing will change: "The Lake Erie Council has not filed for bankruptcy. Our Council is legally separate, distinct and financially independent from the national organization. Scouting programs will continue. This means that unit meetings and activities, service area
  5. I WISH it was a "pol." But BSA has clearly said it's a POR. 😐
  6. The overall topic " Increasing Advancement "
  7. Meeting Unit Expectations "A unit should set expectations of the Scout for positions of responsibility, and if, within reason (see the note under “Rank Requirements Overview,”, based on the Scout’s personal skill set, these expectations have been met, the Scout has fulfilled the requirement. In a note that has become a big point of discussion over the last year, the Guide to Advancement says “Regardless of a unit’s expectations or policy, if a unit takes time off, such as during the summer months, it must count that time toward service in a position of responsibi
  8. Neither the BSA, a LC, a unit, or unit adult volunteer acts "in loco parentis." "The phrase "person in loco parentis" in R.C. 2907.03(A)(5) applies to a person who has assumed the dominant parental role and is relied upon by the child for support. This statutory provision was not designed for teachers, coaches, scout leaders, or any other persons who might temporarily have some disciplinary control over a child. Simply put, the statute applies to the people the child goes home to. State v. Noggle, 67 Ohio St. 3d 31, 33 (1993). Dale v. Boy Scouts of America, 160 N.J. 562 ,734 A.2d 1
  9. The legal issue is "proximate cause" - a slippery concept [ much hated by spell-checking software] which is sometimes characterized as an issue of law for the court and sometimes as an issue of fact for the jury. Does given conduct directly, naturally, in a continuous sequence of events, and foreseeably, lead to the injury of which the plaintiff complains, without any intervening responsible cause ? The fact patterns at the extremes are easy. The real world cases are more gray than back and white. It you have a flat tire and leave the tire on the side of the road and, thi
  10. In the opinion of the appeals court in Cordts v. Boy Scouts of America , an unpaid volunteer is subect to the same tests for liability as en employee, a disatinctly minority analysis. Moreover, the Court found that the the misuse of a volunteers' authority to facilitate sexual misconduct is, generally, solely for personal purposes and entirely unrelated to one’s occupation. Accordingly, the appeals court found the scout leader’s sexual molestation of the scouts constituted a substantial deviation from his duties for personal purposes. The appeals court, therefore, concluded that such conduct
  11. An "employee" is subject to a number of laws in every state, and a body of federal laws, including maximum hours and minimum wage laws. Hence, as a matter of law, a "volunteer" is not an "employee," although agruments hve been made for a change in the law due to the law interfering with plaintiffs' recovery of damages when a volunteer is not a deep enough pocket.
  12. "If you know anything about law you know about respondeat superior: the corporation is responsible for the bad actions of its agents." Under the law of Ohio, Utah, Arizona, New Mexiso and most other states, Respondeat Superior is the rule that an employer is vicariously responsible for the torts of its employees arising in the course and scope of their employment. It is unrelated to the law of agency. A question may arise as to whether the allegedly directly liable actor was an employee or merely an agent. Under the law of Ohio, which follows the majority "contro
  13. Then we can discusss compensation for the descendents of millions of thise held in chattel slavery by citizens of the U.S., Russia, UK, Netherlands, Spain, Brazil, France, Portugal, and the rest. All the slaveholders are dead but the nations and their cirizens remain. Then there are the the descendnets and victims of racism. . Most of the racists, like Robert Byrd Woodrow Wilson, and Strom Thurmond,to name a very few, are dead, but some are alive, the property of dead racists was often passed down tpo today's citizens, racists or not. Henry Ford overtly supported National Socia
  14. The focus seems to be not on the corporate entity but on the franchisees.
  15. At least one adjuctive is missing from Option C, yes? Not just "payment," ues?
  16. So what evidence is there that the BSA's polcies for the periods on question were "open-ended"?
  17. Insurance journal article on BSA insurance: https://www.insurancejournal.com/news/national/2020/02/18/558661.htm
  18. Our church's insurance has a limit. Our homeownwrs' insurance has a limit. Out twonship's h=general liability has a limit. So who are "They"? Standad CGL language 4 25 21: Commercial General Liability A Commercial General Liability (CGL) policy provides your business protection from lawsuits brought by third parties alleging bodily injury, property damage, personal injury, and advertising injury. In addition, the policy pays any sums you are legally obligated to pay in damages up to the applicable policy limit.
  19. How does a compay determine a premium on a no limit policy. company
  20. What are the policy limits - the number that caps Hartford's maximum exposure? Is there "excess" coverage?
  21. Is your last point, about "focus," regarding the estimate of counsel as to the settlement value of the claims?
  22. Outside former sperts brought us "The Improved Scouting Program," BSA's last near-death experience. Happily, Bill was rehired, brought back the outdoor program , and BSA survived.
  23. When Scouts are Eaglling at 5-7 times the rate in the Golden Age, there are questions that need asking. Really that much smarter and dedicated and/or that much more time to devote to Scouting, or ........?
  24. In 1965 at Ohio Sate, the History Department had a rule that you never met with a student aalone in your office without a rubber door stop wedging the door open. We were issued red rubber door stops.
  25. Troop 43, in which I was a Scout, was locted in Santa Ana, California. Its founding predated the formation of the local council by twelve years. A perviously formed council, started eight years after the troop was founded, disappeared in less than a year. Of course, this was the wilderness of Orange County, California. It only took twenty-five months for BSA to reach Cleveland, Ohio. At times, even the simplest task is dificult and time-consuming..
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