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Everything posted by DavidLeeLambert

  1. FWIW, my scoutmaster as a boy (in an LDS troop) was a practicing attorney; I had a Branch President once who was a law student; several members of my current ward over the years have been law students; and one former member of my Stake Presidency was an employee of the state Bar Association before he retired. And my current Stake President is a practicing radiologist, so I'm sure he is a mandatory reporter in his day-job. His last calling before that was Stake Young Men's President, hence he dealt with Scouting; and before that, he had been Bishop. ... And my oldest son's 11-year-old
  2. BSA wants to sell the "Scouting University" building to the highest bid among four "qualified bidders" and put the money in an escrow account for eventual contribution to the victims' trust. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/62be061b-eeb1-427a-9416-8e57a135751f_5095.pdf "DEBTORS’ MOTION FOR ENTRY OF AN ORDER, PURSUANT TO SECTION 363 OF THE BANKRUPTCY CODE, AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY LOCATED IN WESTLAKE, TEXAS" Purchase price: $2,100,000.
  3. It is false that an LDS member can "repent" without a report to civil authorities, or that a sinner "must" be restored to his prior calling. The church's current policy on "Abuse" says, If you instead meant to write that, at some time in the past, some members and leaders believed such a concept... in a church with millions of members, and tens of thousands of bishops, there may have been some who justified sin by adopting a definition of "sexual relations" like the one Bill Clinton used during his famous deposition, or who believed that in their particular case a report was not necess
  4. Yeah. Maybe. I tend to think it's so long it was only read to check for things to redact. To me, in this context, the length negates the impact and the content negates the intent. [...] Speaking of letters, I'll admit that I still haven't read all of them either. But even the ones I've read are a mixed bag. One that appeared on the docket shortly before the last hearing is D.I.5047, which begins, He goes on to discuss a conversation he had with his wife about what she would have done, then says So this particular claimant (victim) letter actuall
  5. The writer of the letter is either doing sloppy math, or imagining a unit that's an expensive outlier, or both. I have kids in a Pack and in a Troop in another council (not Middle Tennessee, mentioned in the letter) that also adopted a $60 per youth "program fee" this past year. For the Pack, the cost of the program per youth as seen by a family is as follows: $126 per youth registration (national dues plus council program fee) $85 per youth dues In a typical year, possibly $20-$30 per person for extra campouts beyond the first, or optional "fun" events, like a whol
  6. Does that sway your thinking in favor of cramdown or are [you] simply pointing out the additional distinction and complexity? Just because the draft plan is opposed by one creditor committee in one smaller bankruptcy, no. If the TCC or Coalition turned around and tried to slow down the Guam diocese bankruptcy as well, I think both judges would see through that and just overrule the cross-case motions. The prospect of a nationwide wave of LC and CO bankruptcies might not have much legal weight, either. Public policy, yes. If enough people lobby Congress to consider Boy Scouts "to
  7. Pennsylvania raised the age limit for filing a civil claim arising out of CSA to 55 from 30 in 2018, and is in the process of having a constitutional amendment appear on the ballot that would introduce a temporary look-back window, so as an outsider I would guess that the Penn Insurance Commissioner could be persuaded to weigh in or even investigate. But with its headquarters there, what kind of tax revenues does Chubb pay to that state? If Chubb could go bankrupt and not even satisfy the $103 billion, leading to no coverage for any of its other policies and thousands of lost jobs, would
  8. Yes, This has been repeated ad nauseam by another poster. The problem with this little saying is that we aren't talking about some mountain of past precedent spanning the last 50 years that would need to be set aside; rather, pretty much all you are talking about are a couple dozen Catholic Church bankruptcies since 2004. Given the scope of this one, it would be a pretty easy thing for a judge to say "This is a functionally different situation than the past CSA bankruptcies". It's not just functionally different because it's larger, or involves a congressionally-chartered debtor rat
  9. There are posters on this forum who have said or implied before that the National Council has had a habit of ignoring the wishes and needs of the majority of experiences Scouters, or the majority of actual Scout-involved families. I'm inclined to read "and that's not necessarily an interest that National holds" as a comment along those lines. So far there is no committee representing non-abused currently-registered youth. I'm not sure there's a legal basis to create one; maybe to protect their interest in paid but unearned dues for the current year? (And by now, that's a post-petition l
  10. I don't think anyone can confidently say "likely" or not, yet. The BSA plan (either the "Global" or the "Toggle" version) does say that a time-bar is a factor, but that the Trustee may still allow and pay such claims. One reference would be starting at page 181 of the document (page 187 of the PDF). Under heading "Invalid Abuse Claims", the TDP says A few pages later, after the tiers of abuse with their base point values, several aggravating factors, and a couple other mitigating factors, we find (page 188 of the document, page 194 of the PDF), So the Trustee could assign
  11. 702 attendees. And a number of the questions in Q&A suggested some askers hadn't attended previous Town Halls. Still far below from the Zoom meeting limit, and well under either the number of state-court plaintiffs or the pre-petition estimate of claims. Expect at least a dozen more letters from victims on the docket in the next few days.
  12. Third-party liability might not just be against LCs and COs, however. Consider the school principal. Maybe he was Cubmaster, or maybe he was COR and the victim is misremembering that he was Cubmaster, and the school or the PTA was CO, and he recognized the victim from pack meetings after school on school grounds. That would be a strong case of CO liability. But what if he was Cubmaster at a Masonic hall or church on the other side of town, and neither the school nor any related entity was a CO? And he became Cubmaster after being Principal already, so he had no Scouting involvement when t
  13. One thing that Century hasn't explicitly said in pleadings so far, but that no one has ruled out yet either, is that the "questionable" claims they've highlighted and want to do some of their discovery on may be just the ones where the lawyers and/or claimants were sloppy enough to get caught. It could be that a lot more claimants are making the whole thing up (or at least are making up, or misrembering, the details that connect any abuse they received to Scouting) but did their basic research to write, or recount over the phone to an intake agent, a "plausible" claim. One thing Century h
  14. I'll admit I haven't read the entire list yet. Some of the accounts are horrible. Many are disheartening. For example: A man who basically has to live the rest of his life as a hermit, unable to engage in normal social interactions, as a result of his abuse; Men who buried their parents without telling them about the abuse, and only told their wives recently; A man who would not let his daughters join Girl Scouts because of his concerns for their safety after his own abuse. But even in the sample I read, I ran across letters that illustrate this is more complicated than "
  15. But aren't all LCs, and a certain number of COs, in the class of "Indirect Abuse Claimants"? So shouldn't they get to vote on any Plan? (And that's one of the complaints against the current Plan... it doesn't explain a legal basis for giving LCs and COs a lower priority than Direct Abuse Claimants.)
  16. I'll agree with @fred1983that "deletion" was probably a term of art, meaning "remove the person from the active roster". I don't think it generally meant "pretend that this person never existed", any more than it meant "sneak into his home at night and euthanize him". Likewise old IVFs and other documents relating to CSA from that era might mention "indecent liberties", or "morals offenses", or "social disease". Since those are not the preferred terms for the offensive conduct today, it's tempting to claim that the people who created the records were trying to perpetrate a cover-up by bei
  17. There's a Bryan on Scouting article about "Key 3"... https://blog.scoutingmagazine.org/2015/08/19/what-is-the-key-3/ In short, there's a Key 3 at every level, two volunteers and a paid employee (except at the unit level, where all are typically volunteers, although one or more might have a day-job at the CO as well). And the important levels from lowest to highest are Unit, District, Council, and National.
  18. For an example that does involve a CO... Once again, this is about principles, so I won't link to the specific case I read. (And I read it a few days ago, so don't have the exact citations handy in any case.) One of the cases in Idaho names the LDS church as defendant. The Scout was LDS, and the molesting leader was LDS. The Scout reported it to his Bishop, who agreed that the molesting leader was "a very sick man". His mother threatened to press charges and file a civil lawsuit, but ultimately did not do so after being discouraged by "other church leaders". The lawsuit also cit
  19. TCC has posted another document to their website for survivors. BSA Survivor Claims Subject to Roster Search At first glance it doesn't seem there's much to learn beyond the chart of claim numbers by council that was shared back in March... although this is line-by-line by claim number, so it might be possible to discern some chronological pattern (or lack thereof). And it might be possible to cross-reference the list with court documents to discover the council, where a claim number was mentioned but the council was not mentioned or was mentioned and redacted. But there are
  20. I think I alluded to this above or in one of the other threads. Compare https://topclassactions.com/lawsuit-settlements/sexual-assault-abuse/boy-scouts-lawsuit/ to the following... https://topclassactions.com/lawsuit-settlements/sexual-assault-abuse/royal-rangers-abuse-justice-for-those-affected/ https://topclassactions.com/lawsuit-settlements/sexual-assault-abuse/ymca-ywca-sexual-assault-class-action-lawsuit https://topclassactions.com/lawsuit-settlements/sexual-assault-abuse/boys-girls-clubs-of-america-sexual-assault-class-action-lawsuit And in the information
  21. So I did a bit of analysis of the abuse claims data that the TCC shared at the March town hall "for survivors". First of all a graph of abuse claims by year, linear scale. This may have been in one of the court filings already. It looks like claims were growing exponentially until the lase '60s, and have been falling exponentially since the late '70s... well before the formal adoption of YPT as such. Then I tried to compare number of victims to state population. Specifically, I compared against a blended fraction of the 1950, 1970 and 1990 censuses. There are
  22. If your question is "What should BSA do more than what they're doing today", I'll remind you that there's a separate thread for that. If your question is "What could BSA have done differently?", here's a list of ideas that plaintiffs' lawyers have suggested, implied, or might agree with. Hired private investigators to randomly check on Scoutmasters and other leaders Taken out a full-page ad in the local paper warning people that so-and-so was no longer authorized to have anything to do with Scouting every time someone was added to the Ineligible Volunteer File Taken out
  23. So people have been saying here that it might help move the case along if the Judge would rule on the legal status of the LCs. Still no stand-alone ruling on that question, but she did rule on the "Second Omnibus Objection" yesterday. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/825ce427-3f9f-4885-9a5e-469008f3d965_2686.pdf The following claims appear among those on the first page of Schedule 1 (page 5 of the PDF): Accounting Principals, Jacksonville, FL. Claim #2. $8000. ""Claim asserts amounts owed by Local Council Occoneechee Council, which is not a Debtor in th
  24. Another letter from a Scouter and parent has appeared on the docket... https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/887200_2644.pdf The writer is a mother of two Eagle Scouts and volunteers regularly to help with Day Camp. She attaches the program from a district-wide Eagle recognition ceremony, with the words of 20 Eagle recipients from that year recounting their accomplishments and what they learned from Scouting. Several of the Scouts lead off with the number of Merit Badges they earned or name-drop people they met or places they visited, but several report acts
  25. My council owns a certain camp, currently closed, that I visited once as a Scout. While there, I had the opportunity to attend a "camp tour", presented by one of the camp employees. The main feature of the tour was a "cabin" built by the original benefactor, with walls in the shape of unfinished logs but formed out of concrete. Many years later, some of the points I remember being told were: The benefactor was a friend of (a certain famous industrialist of that era) He was active in union-busting He was a Nazi sympathizer He was either connected to organized crime, or a
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