ThenNow

If the statute was tolled, it is a live claim and it should be in the “open state” bucket. This is some Great and Powerful Oz legal fudging. A fight over tolling, based on fraudulent concealment for example, is no small matter to determine without a full hearing.

So, what the heck qualifies as “evidence” and “if believed” by whom? The Trustee? Is the assumption that it means a defect like they abuser wasn’t in the Unit, there’s no such camp in Arkansas, you weren’t in Scouting in 1981 and just joined in 1983, we have a guy from your unit who says X didn’t happen, because I was there...? All of the above? The first are relatively doable for a claimant. The last, not so much. Do those terms need to be written into the Settlement Trust provisions?

Per the Trust provisions in the last iteration, here are the basics, from memory. I’m at a wee cabin. This is what I recall: 1) All claimants must complete and sign a new form (TBD) under oath; 2) They can examine any claimant under oath; 3) They can require any “addition documentation.”I say “any” because I believe it was open ended and not defined or narrowed; and 4) They may call and examine other witnesses, including medical providers and psych counselors.

Yes. The debate about the equity and morality of contingent fees is for another day and thread, perhaps. Frankly, it’s one I want to have as well. I personally agree it has gotten out of control in society and the legal community. My personal opinion. Also, as I’ve said, I believe the high percentages in a bankruptcy case don’t seem justifiable. The workload and expenses simply don’t run parallel with bringing a full-fledged civil case. Again, this my view and I’d love to talk more about it and tort reform. I appreciate hearing everyone’s view, so long as it doesn’t devolve into attacks.

I don't think was posted yet. Per the Amended Plan and Disclosure Statement, Pages 173-4: 13. Settlement Trust Expenses The Settlement Trust shall pay all Settlement Trust Expenses from the Settlement Trust Assets. The Settlement Trust shall bear sole responsibility with respect to the payment of the Settlement Trust Expenses. Additionally, the Settlement Trust shall promptly pay all reasonable and documented Settlement Trust Expenses incurred by any Protected Party for any and all liabilities, costs or expenses as a result of taking action on behalf of or at the direction of the Settleme

Many, many pages ago when I was talking about how the boys in our Troop felt about our SM, I said something to the effect that we utterly revered him. A couple folks who replied outright mocked me. I am doing more research for my case and pulled this from a 2018 BSA CSA case. (https://www.courthousenews.com/wp-content/uploads/2018/09/Boy-Scouts-ORDER.pdf.) Take a peek if you're curious, especially those who ridiculed my characterization of our esteem for him and why it further complicated my response to the abuse, failure to report and overall confusion. I find this pretty powerful stuff

I’m sure it has to be an exposure/risk calculus just like the LCs. Cases that implicate them, closed/open state, how many live/recent claims not time-barred, and, etc. Terribly complex to figure out. When I looked through the CO list and saw all the duplicate or similar names. Lots to sift through and arrange and label in neat little stacks.

Want to really blow some minds? Calculate the interest on an award for a 50 year old injury. I know it’s not paid, but...big numbers.

Let’s settle down, class. Don’t everyone raise their hand at one time. No talking over each other. I don’t want to say any names...help? Also, while I’m peeing into the wind, does the Man Behind the Curtain have a goal of helping us maximize our award or slap us down as much as possible?

Nope. Exactly what I hoped to hear. And me, as well. Well done. P-perfect!

This unabashedly and unashamedly self-serving (may help other pro se claimants), but how so? Not asking for details, of course, but in what areas did they help you flesh out your POC? I can imagine and it has caused me some anxiety, but not yet enough to terminate my relationship with current counsel.

It is and some higher, I hear tell. Problem being, no attorneys? No cases. No cases? No Chapter 11. No Chapter 11? No Settlement Trust. “You can’t have one. You can’t have one. You can’t have one without the o-ther.” (I want all who sang along to raise their hand in shared humiliation.)

Honestly, I think this is the most misunderstood, overlooked and perhaps ignored part of this (and any CSA) case. We were abused, which is a catastrophic psychological and sometimes physical trauma. Use significant brain trauma as an analogy of severity. As with some traumatic brain injuries, the soul/psyche and the relationships and impacts they have on the body never fully heal. In the Proof of Claim, we were asked to list impacts. It listed prompts of the ways our lives may have been damaged as a result of the abuse. We were asked to list medications, therapists, treatments, social problems

Amen. BSA’s candor and willingness to step up and care for sexual abuse victims in Scouting has an odd smell to it. As in: 1) spending reportedly 100’s of thousands of bucks on lobbying to defeat Child Victims Act legislation; 2) failing to do any injury-type annual reporting on CSA in Scouting; 3) until forced, refusing to disclose the IVF, even to their own experts who were studying dangers in Scouting; 4) not getting truly serious with YPT compliance until CSA cases were crashing over the ramparts; 5) being unwilling to share past CSA settlements with the TCC; and

Sorry, but you’ve not read much that’s been posted on this topic and this single post churns up and belches out most of the accusatory batch and takes further pot shots. This talk of “cure, vengeance, heal, destroy”…has been used before and said again and said some more. It’s self delusion. You’re not listening, but to your own spin, anger and “perspective.” No one, that I’ve read, said or suggested any of the things you allege and rename to suit this argument. I begged for this to stop waaaay back when and I thought this was curtailed, both by self restraint and moderator intervention. I joi

Back to my preponderance and discovery musings. How does the typical Great and Powerful Oz adjudicate such a thing as our multitudinous diverse and complex cases? What methods of discovery, examination…subpoena powers, etc.? Those other cases had pretty clear claimant “creditors.” Not so much in this quagmire.

[gulp]

Related, and I sure I asked this before among my interminable obsession with probing, does anyone have any clue the pool of candidates for Settlement Trustee? Like Future Claimant Representatives and Tort Claimants’ counsel, it has to be aa fairly small universe. I know the TCC, Coalition and FCR will select that person, but curious if there is any narrowing to be done in this vacuum I am occupying.

In what way? We’re creditors and most have a defined amount on their invoices. We don’t, it must be gauged by comp’s and past BSA settlements/award and recent settlements/judgements on similar sexual abuse cases. BSA and the insurers refused a mutual estimation, so there you go. Or, do you mean that it’s wrong to say someone’s injury, pain, suffering and financial other impacts can be reduced to a “valuation”?

Not more than I wanted and I’m sure others appreciate your wisdom, as I do. As to the section quoted, do we get to see their petition for fees and expenses? I assume it contains their winning argument for why their contribution met the standard in the code and rings the “actual and demonstrable benefit” bell.

All well and good, given the code and absence of any objection, but that just seems absurd to me. They’re going to make a great deal of money on this case, they are not the aggrieved and allowing for a portion of attorneys’ fees is usually for the prevailing party. I understand that it’s allowed and everyone seems to concur, but I still don’t get it. Is it more of a, “Thanks for not continuing to make this so difficult and comprising before BSA went bust” gift? Meesa cornfuzzled.

I’m not able to make it out, especially the footnotes. I see the line item, which I guess it the only point I need to get. Very curious...

100%. I think we just crossed wires. The string between our bean cans seems to have frayed or you forgot to empty the beans on your end.

I did. Is there a question? If you mean could they be memorialized, only to the degree that they are known - certainly most are not - and only if their families would want it, which is unlikely. If someone has committed suicide in the depths of a grave depression or addiction, without ever having spoken about their abuse, they are wholly unknown and invisible on this radar screen. Most cases would fall in that category. Mine certainly would have.

No clue. That’s my, “King for a day decree.” Well, for today anyway.