CynicalScouter

I have no idea how a scout is actually going to "Explain" "demonstrate" or "show" in a google classroom. The merit badge mills are running, running, running...

There are two "this" that are being referenced and yes, that laser dot has been aimed at councils already. The first is the current fight between the insurance companies and the lawyers for Abused in Scouting over whether Abused in Scouting (and especially Kosnoff) are in fact one entity which has to file disclosures with the court and never did. THAT one the Councils should stay out of it because it is between the insurance companies and AIS. There's no focus on the Councils there and they should stay out of it because it is the insurance companies that have the axe to grind there. The second is the broader fight between the insurance companies and the law firms who filed THOUSANDS of claims as to how many of those claims are a) valid b) valid, but outside the statute of limitations c) minimally defective (e.g. person wrote they were in Pack 132, it was really Pack 123) d) invalid Those firms are claiming Council assets AND have done so since the start. There's nothing new there. Councils have been in it since the start.

Yes, except the Kosnoff/Abused in Scouting group who would rather just burn BSA to the ground. The question is does that group have enough leverage to stop any deal short of that.

And the Kosnoff response is...something to behold. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/873821_2142.pdf and

Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. responds to the insurance companies demand that they disclose information. https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/873825_2143.pdf 1)The three lawfirms (Eisenberg + Kosnoff Law + AVA Law) claim they are not an official entity, only an informal and and and In other words, Abused in Scouting does (and doesn't) exist. It is just the name/brand of three lawfirms who are working together (?)

It is funny you put it this way. I had district roundtable last night during which a member of Council staff sat in to give us general updates. Take what I am about to say with copious salt but it is consistent with various things my Council's said over the last 3-4 months and I am feeling MUCH better about BSA's chances. The original idea when BSA filed bankruptcy was to have a restructuring plan by March 2021. Despite everything, they are still kinda on track (it is pushed to April). "Most of plaintiffs lawyers are not looking to target councils." This was/is the Kosnoff problem; he wants to Councils liquidated/all Council assets put on the table. "Most" of the plaintiffs lawyers would be OK with councils paying into a victim's trust fund based on a formula/computation/algorithm that is being worked out that measures a) the number of claims filed in that council b) likelihood of success that factors in that the statute of limitations in that state may have lapsed BUT could always be brought back (see the "look back" windows" in NY, PA, etc.) and c) available Council assets. The plan now is to have a restructuring plan by April and approved by the court so that the May annual meeting can be the restart and "rebranding" of BSA. The insurance companies and the plaintiffs attorneys would then spend the next however long slitting each others throats, but BSA would be out of the equation at that point. The entire sticking point is Kosnoff and his side. Again, see point #2. If Kosnoff pushes this and demands that the court rule on the question of access to Council assets (namely, that Councils are not independent but are in fact appendages of National) or convinces the court that in fact yes Council assets = National assets, this whole thing gets blow up. BSA National is then "on a ticking clock" to run out of cash on hand/no cash flow by July or August. Then things get desperate; can BSA get bridge loans or come up with a plan to survive until the bankruptcy ends? And of course if you are like Kosnoff and simply want BSA dead, dragging this out is in your interest (if not your client's). So on the one hand I am more optimistic than I was and it is possible that BSA can be out of this mess by summer, but then again there are still too many moving parts to know for sure.

How much is that true, though, if as I believe the latest numbers indicate only 6% of scouts make Eagle? Eagle's the flashy, shiny thing that may get scouts (or really scout parents) in the door for Scouts, BSA. But I barely heard mention of Eagle in my Cub den(s).

The charitable translation is "screaming" as in "extremely fast" (Screaming in for a landing). The uncharitable one is...yeah yelling. My favorite was the one who returned after being dormant for about a year. Rammed and jammed his MBs at merit badge colleges and such. Shows up, Eagle project paperwork in hand. Person he wanted to help with the project lined up and a date set (that weekend). He handed the project book (dad accompanying him) to the SM and CC with T-minus 4 days before the project and ~21 days until he turned 18 and just expected them and council to sign. Again, had not seen nor heard from this kid for MONTHS. Yeah. SM and CC told him and dad no. Appeal to Council: extension granted (blamed COVID, but come on now) and he transferred to a tiny unit who was willing to sign anything put in front of them because they wanted another name on the Eagle wall. Sigh.

The operative theory being that if they don't make Eagle by 14-15 that they will get more interested in "fumes" (car fumes and perfumes) and never make it. Until 3 days before they turn 18 then we get the screaming Eagles trying to slam together 3 months worth of MBs in 3 hours.

The really smart or savvy scouts double-dip. Rank Fitness can be combined with Personal Fitness Merit Badge (with some minor modifications). Rank Swim can be combined with Swimming MB Rank First Aid can be combine with First Aid MB. Now, some purists will squeal about this of course... Etc.

Right. Simultaneous. That's why if you perfectly time everything out you can make First Class in the First Year and Eagle in either 19 or 20 months (as occurred with the inaugural female Eagle Scouts).

Yes. As I said at the start. There are two kinds of Wood Badgers I've seen. I have no problem with those in category 1. I have seen how those in category 2 speak down to others while literally rubbing their beads. As if that made them "better".

Ok, but there's a giant difference between OA and Wood Badge and The Really Big Deal Cult mentality. OA requires (at a minimum) that you a) meet certain minimums and b) gain the approval and vote of your fellow scouts or scouters. We can talk about whether those elections are popularity contests or whatever, but OA is an HONOR society. If a member of OA struts or puts on airs, I may not like that either, but they "earned" it. They were elected to that place of honor. They are expected (I am not OA, so if I get it wrong, sorry) to continue active acts of service. OK. I can choke that down. It's an honor/service society. Wood Badge is you a) paying some money b) taking some courses c) overnight a few nights and d) completing some tasks. That's not an honor society. It is a 4-day corporate "leadership" conference without the minibars. At least, I hope without the minibars. Again, never took Wood Badge. As I understand Wood Badge back-in-the-day was by invitation, today it is not. There's no selectivity. It's pay-to-play. When Wood Badge people strut around because they took the equivalent of a week long leadership course and use that as the basis for treating other scouters as less-thans, it is an absurdity. ADD to that the other cult-like actions and activities, and it becomes inane if not insane. I get it, this is not ALL Wood Badge folks. But it is enough such that it is a known phenomena.

Nope. I am not bashing Wood Badge. As I said, I never took the program, so I don't know. What I am "bashing" is The Really Big Deal Cult. The one instance I personally saw was an ASM who had been in scouts for years (Den Leader, Cub Master, ASM) and a parent who had 6 month prior become SM (because NO ONE ELSE WANTED IT, including this Wood Badge ASM) and had no role when the son was in Cub Scouts. There was, disagreement shall we say, over the SM and his control over the SPL meetings. The ASM took it to the point of sending an email to the entire committee indicating he wanted to take over as SM and listing his Scouting pedigree. The committee chair was dumbfounded but decided the way to head it off was to let the ASM come to committee and vent his spleen. The ASM sat there and "instructed" the committee (including 3 Eagles) what the SM should be doing and why it was wrong and why he should be in charge. When one of the committee members pushed back he literally held up his beads, rubbed them, and said "I know what I am talking about." Well, that was the ball game there. That was his (and his fellow Wood Badge buddy/ASM) last night in the troop. So sorry, I am not a fan of Wood Badge is Wood Badge translates into "I am better than you." That said, I recognize not all Wood Badge people act like this. But they certainly embrace the cult of critters and talking amongst themselves and acting like there a club-within-a-club and if you are not part of the "club" then...oh well.

I think there's two challenges here: 1) The watering down of the program. Having never taken it in any of its iterations, I cannot comment. 2) The Really Big Deal Cult. This manifests as a) acting as of they were elites/putting on airs/talking down to other Scouters (rare, I saw this only once personally, but I know it is a concern) or b) the cult of constant reference. I don't care what your critter is or was. I'm sorry, I really don't. And all that kind of referencing and chanting and singing and beading ceremonies that cut into scout time does is to send an "us cool kids club" message that you aren't part of the "cool kids".

As I understand it, once upon a time Woodbadge was the premier training, limited only to Scoutmasters, and a Really Big Deal(tm) Today, it is simply training open to any registered BSA adult. Some/Most Woodbadge people I know treat it as a cool, or neat, or interesting training program. SOME I repeat SOME are part of the Really Big Deal Cult and treat it as if they are part of a semi-secret fraternity. I have never taken Woodbadge and given the small but VERY loud and vocal minority that make it a part of the Really Big Deal Cult I probably won't. I don't need to get wrapped up in that stuff.

Keep in mind, there's multiple different groups of lawyers here. I believe 1) Some (Kosnoff et al.) are more interested in killing off BSA than anything else and will do what they can to get there. 2) Some are focused on victims they want to see compensated. 3) Some don't care if BSA lives or dies, they just want to get paid. I don't think there's much overlap between these groups.

There's two problems: 1) Legally compelled vs. morally obligated. BSA in particular has said it wants to work with all victims. Does that mean that BSA offers counseling services, regardless of the statute of limitations? Etc. 2) The future: there's a lot of states that have created look back windows that allow for claims to be reopened. New York for example reopened its lookback window, then extended how long that look back window would remain open. So, what happens if a state decides to reopen the look back window next year? Do those claims suddenly come back to hit BSA and Councils?

This group is the key The insurance companies in particular may simply refuse to pay claims that are time-barred under state law. Then what? BSA holds the bag? Councils? Or maybe BSA and the Councils tell those 54,400 claimants to go away?

I suspect there is overlap. That is why the insurance companies asked: 1) For an order allowing them to serve discovery on 1400 abuse claimants that they have already randomly selected, and 2) To depose up to 100 claimants from that group seeking more information.

NO ONE on the defense side is talking about just letting anyone file a claim and get cash. And no judge or victims claim fund administrator would let just ANYONE file ANYTHING and get $$$. The insurance companies in particular are absolutely NOT going to pay 1 PENNY more than they have to. The details are in this filing https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/872331_2007.pdf 11,676 Abuse Claims appear to be duplicates—two or more proofs of claim filed on behalf of the same claimant approximately 6,400 Abuse Claims do not identify a perpetrator or provide information that would permit identification of a perpetrator approximately 8,100 Abuse Claims do not identify an affiliation with Scouting approximately 1,700 Abuse Claims have already been the subject of litigation. (approximately 130 of which have already received some form of payment) at least 54,400 Abuse Claims appear to be time-barred under the applicable statute of limitations;

The way it is going to work is this (as I understand it) 1) They are going to do a "sample" of claims; I believe the insurance companies asked for about 100-150. They will then fully review those claims. 2) Based on that sample, they can extrapolate. To keep the numbers easy, If it would cost $100,000 to settle those 100 claims, then it would cost $95,000,000 to settle 95,000 claims. 3) BSA and the insurance companies and the councils would pay $95,000,000 into a victims fund that would be overseen by a victims reviewer/special master (this is what happened with 9/11 claims) who would review the claims over the next decade . It will take YEARS to sort through all this; the idea is BSA hemorrhaging money and has to get out of bankruptcy by July or August (no/low donations, lawyers bills) or run out of cash. So set up the victims fund and let that work itself out.

Having to pay the lawyers I'd imagine. Plus, and the bankruptcy law people will know more than I, but I believe a) during bankruptcy you are required to maintain a status quo meaning no big expenditures like outreach campaigns and rebranding the BSA already announced will happen post-bankruptcy and b) that point you made that I suspect a LOT of donors are holding back out of fear (rightly or wrongly) that anything they donate now will simply be siphoned off to a settlement.

The article indicates that BSA is asking for this to be over by August or they will run out of money.

Boy Scouts Sex-Abuse Lawyers Decry ‘Intimidation’ From Insurers https://www.wsj.com/articles/boy-scouts-sex-abuse-lawyers-decry-intimidation-from-insurers-11612827061?st=chobfrykhg0zs5g&reflink=article_email_share and as expected, BSA is staying the heck out of this