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Eagle1993

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Posts posted by Eagle1993

  1. I think there could be a major issue.  TCJC releases.  What if you have a Ward leader who abuses a youth within the Ward as both a Scoutmaster and a leader within the ward.  The TCJC believes this bankruptcy deals in total with that youth (since it involved scouting at some point).  It is not clear that can be allowed.  TCJC said they would never contribute the amount they did if that isn't the case.  

  2. I have spent years signing up adult leaders.  While it is slightly better, it involves chasing down paperwork, chasing down signatures, chasing down money and a bit of a repeat every year for recharter.

    I just signed up to be a high school mountain bike coach on the NICA site.

    The Team Coach sent me a personal link.  That ended their interaction/involvement.

    • I completed all of my documentation online, including my health form and insurance info.
    • I completed signing various wavers on line.
    • I submitted for a background check online.  I know the company who did it.  I already know the results (1 hour later).  I have an account to follow up if needed.  I paid for this directly $38 and it includes a monthly check.  I was able to see I passed a DOJ Sex register and some other checks.  I can also use this for other orgs now (FIRST Robotics used the same company).
    • I submitted my payment (only allowed if background check passed).  $25 for registration
    • During payment, they ask for an additional donation (optional).
    • Now my training is available ... right on the same site, very easy to interact with.  Required training is concussion (annual), Coach license level 1 (every 2 years), NICA Philosophy and Risk Management (annual) and Athlete Abuse Awareness Training (every 2 years)

    It was fast, clear and rather painless.  The team head coach didn't need to sign off.  I didn't have to list a bunch of stuff on a small form of references that no one will call.  

    I certainly hope BSA is looking at other organizations on the future of signing up adult volunteers.  There are groups out there that are far smaller that give a much better onboarding experience while limiting the demand on existing volunteers.

    • Upvote 2
  3. 3 hours ago, MYCVAStory said:

    Girl Scouts:  We may have just lost our trademark case against the BSA via a summary judgement but we don't agree so just ignore all of that.

    Judge seemed very sympathetic to their points and didn't like BSA's response.  Basically the GSUSA is expecting at least $17M.  The insurance BSA set aside for them has limitations that will likely prevent that payout (even if GSUSA wins in court).  BSA's point is their case sucks and there is no chance they are going to win. The judge basically that may be true but you still need to be ready in case they do win.  Or.. she may just say district court's decision makes it highly unlikely for GSUSA to win so let's move on.  

     

    • Thanks 2
  4. 3 hours ago, MYCVAStory said:

    Guam:  Throw everything at the wall and hope something sticks.

    I have yet to see a single one of their arguments land.  I think at one point Wollf talked for an hour (perhaps it was less, but it seemed like an hour).  No questions from the judge just a thank you.  The times I see a lawyer winning some points is when I see the judge more engaged.  If you talk for an hour and just get a thank you ... To be fair, the DOJ also typically just gets thank yous but at least he only talks for 5 mins. 

    • Thanks 1
  5. 35 minutes ago, ThenNow said:

    Are you excluding from your assessment the Roman Catholic Church entities referenced in the March 17 term sheet?

    Yes.  After looking at the term sheet and hearing discussions, it sounds like the Roman Catholic Church is not yet a participating chartered organization.  They simply no longer op out and no longer objecting to the plan.  Note there is still two diocese who are op out charter orgs (and I think 1 objecting).  I think Agana and San Jose are the two.

  6. 1 hour ago, JBWest said:

    One thing I noticed this week was discussion of the channelling injunction being extended.  My understanding prior to this trial is that local council protection will end at the conclusion of the bankruptcy proceedings (Spring 2022) or the LC payments into the trust (Fall 2022), but if memory serves it was argued that protection should extend until the trust distribution process gets underway, or until the trust is exhausted (ten years?).  Perhaps sharper legal minds than I noticed this and can comment on their recollection.

    The channeling discussion that is being discussed as part of the plan is just for chartered organizations other than the Methodist & LDS.  In the plan, there is a 1 year channeling injunction to give the remaining COs time to reach a settlement with the trust.  After that 1 year, lawsuits can proceed.

    LCs are protected as part of the plan.  They are protected forever for claims prior to Feb 2020.

    • Upvote 2
  7. 1 minute ago, ThenNow said:

     

    Boy Scouts Abuse Settlement Attacked for Preventing Future Lawsuits

    April 7, 2022 by Steven Church

    https://amp.insurancejournal.com/news/national/2022/04/07/661698.htm

    After two full days of closing, the judge summarized the 1 issue (so far) she has to decide.

    - Are the TDPs fair based on the evidence presented

    - Should she even decide if they are fair

    That's it.  I think the fraud arguments, venue arguments, bad faith, etc. all failed to land any punches.  Now, there are more arguments coming up ... but so far, I think she is looking at narrow issues of law.

  8. 11 minutes ago, InquisitiveScouter said:

    Or will they face the fact that their program model is kinda lame?

     

    I'll argue they do far better than BSA in K5 - 5th grade.  6th - 12th grade GSUSA faulters unless you have some great Troop leaders.

    Also, talking with several of my den leaders who are also GSUSA leaders .. GSUSA is much cheaper AND simpler to run than BSA units.  Most of our GSUSA Troops have thousands in the bank by 5th grade.

    I wonder if BSA should consider the GSUSA model for K5 - 5th grade and keep the Troop model for 6th - 12th.  

    I thought this was interesting as it happened yesterday.  My daughter just took her annual GSUSA survey. They asked ... what would you say to a friend who isn't in GSUSA about GSUSA.  She answered that all of her friends are already in Girl Scouts (which is true).  Then they asked what would be one thing she would change with the program.  She wrote ... let boys in.  

     

    • Like 1
    • Upvote 2
  9. 7 hours ago, T2Eagle said:

    The short answer is that attorneys who filed claims on behalf of clients were supposed to do do some screening as to basic validity of a claim before they filed.  If a claimant was pro se, that is representing themselves, then they themselves attested to the basic validity.  Any claim made was made under penalty of perjury so there is the possibility of severe penalties in the event a fraudulent claim is made.

    At least in part because it isn't yet certain that there will be a settlement or any money actually paid out there hasn't been any greater scrutiny than that of the veracity of the claims made.

    How that's going to happen, how rigorous it will be, and when and how it will be done are points of contention that need to be worked out as part of the final settlement and plan.

    Based on the judge's comment yesterday, there is a 0.0000001% chance any further vetting of claims will be done before plan confirmation.  Vetting will be done during trust distribution (except for $3500 payout).

  10. 1 minute ago, MYCVAStory said:

    It was an interesting point.  Essentially. the insurers who spoke discussed their experience in Scouting and professed to not want an end to the BSA.  But, that's illogical because no one has argued that this plan failing confirmation will NOT mean the end of the BSA.

    To restart a new plan, go through voting, etc. could easily mean they would remain in bankruptcy through 2022.  Their cash is near $0 by September and that assumes they can back off on bankruptcy expenses.  It was interesting as it was the first time I heard anyone say it, but it seems clear, if this plan completely fails and is rejected, BSA will likely have to choose Chapter 7.

    Christian did give the judge a path to approval though ... I thought that was interesting.  At least on the issues he raised today.

    • Upvote 1
  11. Just now, MYCVAStory said:

    Interesting comment from the judge.  Excess Insurer comments that two seperate psychologists said they believed there were many claims that weren't valid.  Judge nodding and says "I noted that but they didn't say the reasons why."  

    The judge also stated ... we have 82,000 claims and they are not going away.  We have to deal with them.

  12. The certain insurer lawyer finished up on big aspect of their objection, that the deal wasn't negotiated in good faith.  The ending was interesting.  Doren, the lawyer, talked about being a boy scout from 10 - 18 and one of his proudest moments was earning Eagle Scout.  He and the certain insurers do not want BSA to fold.  They want BSA to exit bankruptcy, but with an appropriate plan.  (per them, this plan isn't acceptable).  I only listened to 15 mins or so, and there were almost no questions from the judge.  Would be interesting if she asked about any aspect of his presentation.

    • Upvote 1
  13. 10 minutes ago, SNEScouter said:

    According to the linked story, GSA will appeal.  If so, it may not have much effect on their right to participate in the bankruptcy until appeals are exhausted.  GSA can continue to object, although it sure does seem like a waste of money at this point.  Moreover,  as a practical matter, the loss in the trial court could cause Judge Silverstein to give less weight to GSA objections to the plan, if only tacitly. 

     

    I don't think she was going to give much weight before and now almost none.  What claim do they now have?  A potential claim IF they win in appeals and then IF that appeal goes back to district and then IF they win there.  

    By the time they finish all of that, I expect whatever insurance rights they were going to have access to would be exhausted paying other claims.

    The judge knew closing on the bankruptcy case was happening.  I'm sure he wanted to dismiss their lawsuit before the hearing was over.  I don't think the timing was accidental.  

    We will see .... I hope to be watching with the GSUSA lawyer completes their closing.  I could see the judge asking ... ok, your lawsuit was dismissed, so can you please explain what exact claim you have?  

  14. My thoughts from what I saw from the 1st day (I didn't listen in all day so may have missed key updates).

    • Bad faith ... I expect that objection will fail.  Judge almost said as much.
    • Venue location ... objection will fail
    • Is TDP a settlement ... my understanding is this is mildly important to help provide more power over insurance companies.  ... tough to say, judge pushed back on this; however, it seemed like Dr. Patterson (sp?) made some progress arguing this later on.
    • Fee for independent review ... judge didn't ask many questions, but she may when someone argues in favor of it

    TCC lawyer went on a while about how important this case is to resolve the claims and that tort is a bad substitute ... the judge responded I understand your non technical summary of this case.  Seemed to be a bit of a shot.

    Those who want the whole case thrown out or the plan blown up are not winning any arguments.  I think this is more about details within the plan structure.  

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