Eagle1970

Very detailed and helpful. Thank you. I was able to resource into the pending bill detail to find out that a lookback window in Missouri is in conflict with a line in the state constitution, which is why it was stripped out of the bill. However, they are working on some sort of a workaround, though I have no idea what that might be. Either way, there is movement in my state to get some help for survivors. It's not just a BSA thing in MO. There is a Nationally chartered camp here with a lengthy history of CSA and a bunch of older survivors who would like their day in court. The bill has bipartisan support, so fingers crossed. You and I both on the hope of being alive when this is done playing out.

Missouri House has perfected a bill (HB367) to increase SoL to 20 years from age 21 or when injury was discovered. Unfortunately, they stripped out the window, which was the purpose in bringing the bill. But it is still more than doubling of the reporting period for action. The Insurance lobby and Chamber of Commerce were the primary voices against the bill, so they chopped out the meat and moved it forward without the window. Scout survivors and long-time survivors of a summer-camp were heavily behind passage. Their entire message was about the need for the window so both groups of survivors could seek justice. I'm sure they are devastated. But it is Missouri. My question for the group regards the "Proposed SoL Scaling Factors". So, are they set in stone with the Trust having moved forward? Missouri is listed as 10-25% in that chart. But when I compare what is likely to be the new SoL, it would become longer than some states that have a 50% factor. What other factors are involved with those rather arbitrary percentages? I represent myself, and can't seem to find a resource to clarify this. My case is documented. But the SoL factor, if it stands, will minimize any recovery. If I were in an open state, I would surely be represented and likely take the IRO. But, at this point, all I can do is whatever I can to address the SoL. There have been cases that tolled the old (7 year) SoL and with one that is so much longer, it would seem that would be an easier road for a plaintiff than in the past. So it surprises me that the state is 10-25%. I'm sure I am missing something. Anyone?

Mods, I wonder if this forum should be spun off into survivor issues vs. BSA ongoing operations discussion. Anyway, I see in my USPS Informed Delivery that I have a letter coming from Omni today. Has anyone received it?

Since you bring up inflation, I'm going to get this off my chest: Inflation has tremendously eroded the compensation survivors may receive. My abuse occurred about 50 years ago. Since then, the cumulative "reported" inflation is around 900%. Given my state's current SoL, if I were to receive $50k, the real value is closer to $5k in late 1960's terms, even with government inflation figures. And the 60's is when the damage occurred. I know of a clear policy limits situation that recently settled for limits after 5 years of delays (jurisdiction, discovery, motions, summer vacations, COVID). As the trial date approached and they were facing actual expenses, the insurer wrote the check. Meanwhile, the dollars they paid had lost 25% of value since the injury, so the policy limit, in effect, was reduced by that amount. The insurer's bottom line benefitted accordingly. And the injured party suffered accordingly. Without any consideration for the time-value loss of the dollar, there can be no truth to the statement I keep seeing about survivor claims being fully paid. And the same goes for the contributions of settling insurers. While I understand the need to settle with willing insurers in order to establish some sort of trust, those insurers know good and well what a bargain they are getting. Justice delayed = justice denied.

That's great news. BSA can now move forward, with new protection measures in place that should take away much of the opportunity predators previously exploited. And survivors can try to get some compensation while we are still alive.

Missouri House Bill 367, amending SoL for CSA from 10 years to age 55 AND adds a window.... Moving swiftly through the legislature. From my understanding, this now proceeds to the House floor. Actions Apr 04, 2023 | House HCS Reported Do Pass (H) - AYES: 12 NOES: 0 PRESENT: 0 Apr 03, 2023 | House Executive Session Completed (H) HCS Voted Do Pass (H) Feb 13, 2023 | House Public Hearing Completed (H) Feb 02, 2023 | House Referred: Judiciary(H) Jan 05, 2023 | House Read Second Time (H) Jan 04, 2023 | House Read First Time (H)

Thank you. What is meant by the "Effective Date"? Is it following appeals? And what is meant by "an election exercised at the time of the Trust Claim Submission"? Some in Ohio believe that the effective date was last year (September?) when the plan was approved. Others believe it is when all appeals are exhausted.

I'm following efforts in Missouri and Ohio for windows and other SoL reform. One article refers to states having 1 year from the final approval of the Plan (assuming after all appeals are exhausted) and then they will receive a change in factor for SoL. Can anyone point to this in the Plan?

While I understand it will take years to deal with non-settling insurers and other contributors, if they get out the initial payments that would be amazing.

Not to pin you down or anything.... But are you indicating there is a possibility this could wrap up this year??

So, how many paths do insurers have before they run out of appeals, assuming the Supreme Court isn't interested?

As this drags out, the state where my abuse occurred, Missouri, has this going on: https://missouriindependent.com/2023/02/14/kanakuk-abuse-survivors-urge-missouri-lawmakers-to-extend-statute-of-limitations/ And Ohio has this going on: https://ohiocapitaljournal.com/2023/02/22/new-bill-allows-boy-scouts-sexual-abuse-victims-to-maximize-settlement-claims/ I wonder if the Matrix will get another look. If any of these open a window, that fact could certainly be argued in the individual cases, my non-legal brain hopes.

I'm right with you. But I also need to focus on what might be, so that I face no further disappointment on this matter.

So if the appeals drag this out for a couple of years and if that causes BSA to file Chapter 7 liquidation, what is the bottom line on survivor's recovery?

Unfortunately, time is always on the side of insurers. I know of an injury case where the insurer recently wrote a check for the policy limit.....in the 6th year following the event. They probably knew they were going to write that check. But--Over six years, the dollars became far less valuable, due to inflation, and earned the insurance company a healthy investment return. Sadly, in that case, 6 years of expenses ate up much of the injured party's recovery. I agree this could drag out. Though I hope (for the sake of survivors who are aging by the day) I am proven wrong.

In the case at hand, what is the probability of Chapter 7?

Given the lengthy appeals process, what happens to an enterprise like BSA if it runs out of money during a bankruptcy, especially with regards to this settlement??

From your lips to god's ears.

This is sort of along the lines of my question. And how would a surviving member present further claim info.

The longer this goes on, the more I wonder how many survivors will be gone by the time there is resolution. Average life expectancy is in the mid-70's and many of us were abused 50-60 years ago. Not getting any younger, I'm at the unfortunate point of having to document my "memories" so my wife can tell my story, should my ticket run out. And that goes for my fellow scouts (as potential witnesses) who were present at camp but not abused. In my case, several were specifically aware of my abuser's history before I was. Does anyone have input into how to best document for this possibility?

The only state-level issue I have read about is the failure of a legislative carve-out of the Ohio SoL for the purposes of this settlement. Widely expected to become law, it was opposed by the Chamber of Commerce, among others, apparently as "bad for business". I continue to find it appalling that nearly half of the states and territories have amended statutes, while others won't even look at a bill to do so. Those abused in states that have not are subject to receiving pennies on the dollar that those in California, New York and so many others are set to receive. And many more states have amended their criminal SoL so that perps can be imprisoned, but their victims cannot seek justice in civil court. Yes, I understand each state makes laws, and not the federal government. But, tell me this is equitable.

With full respect for all victims/survivors, it would be easy for a scammer to make a claim involving a deceased former leader. I hope the vetting process is thorough. That said, the insurers should be paying more, not less, because the damages per claim far exceed what is on the table.

I'm sure this is too good to be true, but it says it applies retroactively. Question for the legal eagles: Does this change anything or is state law what matters? Does it apply to claims currently out of sol? From Congressional Budget office: S. 3103 would eliminate the statute of limitations—currently set at 10 years—for a minor victim to file a civil action to recover damages for several federal crimes against minors, including sexual abuse, trafficking, exploitation, and pornography. The act would apply prospectively and retroactively, allowing civil suits to be brought against entities for actions committed more than 10 years ago. As a result of the changes, CBO expects that individuals would bring additional suits in federal courts. https://washingtonpress.com/2022/09/20/biden-child-sex-abuse-law/?fbclid=IwAR1aKSKiuvCzc93ZQJZNc5amPmm-4WIORGklKBdF24u16H9k65QjJjtt89Q

Just wondering: Can any of the remaining work, such as vetting claims be done while this is pending in court? In a civil suit, there are settlement-related issues an attorney can address far before settlement (liens and so on). So what about this bankruptcy?

It's a decision I would not want to be in the position of making. Likely, there are totally bogus claims. And just as likely, given the ages of many victims, there will be plenty of memory loss. Just because I remember most details doesn't mean every victim will.