100thEagleScout
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Posts posted by 100thEagleScout
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2 hours ago, Eagle1993 said:
I think at least one or two that follow this thread have Kosnoff as their lawyer. Do you have any insights into the Kosnoff v Eisenberg fight? Which one would represent AIS?
I have Kosnoff. He’s been more representative than Eisenberg, but is more or less making the big decisions. I have had pretty much zero contact with Eisenberg. Mostly I’ve spoken to my attorneys in ZS and Kosnoff.
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My local council already approved the settlement. They want out.
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Just now, Eagle1993 said:
Kosnoff Tweeted it is DOA, claimants will reject it.
Seems like AIS is constantly in a civil war with itself. ER is pro-Coalition and the plan, Kosnoff is pro-AIS and the state court option.
I’d personally say Kosnoff’s position is likely the one survivors would benefit more from.
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24 minutes ago, ParkMan said:
Once a settlement is reached, it strikes me that from a Scouting perspective there needs to be some energy spent on listening, understanding, and healing divisions and wounds. During this time everyone of course wants to see what is best for kids and abuse victims - but there have also been a lot of hurt feelings. It's important for the BSA to recognize that and work diligently to embrace those who were harmed through their involvement in Scouting.
I’d be surprised if they allowed for something like that, but I’d be in support of it.
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Based on some of the earlier comments expressed here, it would seem my evaluation of it being a better plan, but not better insurance-wise was correct. That took all but ten minutes of my time to figure out.
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I know my LC personally has $13mil+ in cash and assets plus council insurance. I think they’re probably a council with huge exposure too.
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1 minute ago, johnsch322 said:Not sure when the video first aired but Kosnoff just put this on Twitter
Can the Boy Scouts survive a flood of sexual abuse claims?The Boy Scouts of America’s process of dealing with decades of sexual abuse allegations has entered a new phase. Now that the deadline for abuse survivors to...youtube.comAired November 17, 2020
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10 minutes ago, Eagle1993 said:
However, it shows how we shouldn't get stuck on the 84,000 number.
What it does show is it debunks BSA’s claim that they are still statistically lower in child abuse cases than other organizations. I’d like to say the opposite is true, but the issue with these cases is answers only draw up more questions.
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34 minutes ago, Eagle1993 said:
Perhaps they wouldn't be found liable, but they would need to hire lawyers and deal with the fallout.
Just being brought into court is already a loss for most organizations. Especially if the plaintiff attorneys are backed by hedge funds which many times they are. They can burn through money without ever taking a hit.
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12 minutes ago, JoeBob said:
If Statutes of Limitations can be waived (look back windows), why can't Sovereign Immunity be bypassed? Lawyers will argue "BSA doesn't have enough money to reasonably compensate the thousands of victims. Only government can afford the amounts necessary to justly compensate the many poor abused victims..."
And our 40% will be...
The government is already in debt over its head and asking them for more would only further devalue our money. I’m not personally looking for a handout, I’m looking for compensation.
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4 minutes ago, ThenNow said:
Is that the computer's job or the lucky Trustee's?
I’d like to say both
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Just now, Eagle1993 said:
One additional tidbit from Kosnoff.
He is claiming there are tens of thousands of others who didn't meet the 11/16/2020 claim date that have claims ready. Once the stay is lifted, it sounds like his and other firms are ready to sue COs and LCs with additional claimants (beyond the 84,000). (National BSA is protected if the claims are prior to Feb 2020).
Now, he could be bluffing. However, I have seen advertisements running on TV recently to sue the BSA from AVA. At first, I didn't think much of it ... but now I wonder. There is only 1 reason to keep spending on ads.
I haven’t seen these ads, but he’s not bluffing. I think it’s just only claims in the bankruptcy court are allowed to bring forward local council lawsuits at the moment, so they are prioritizing some of those claims first and then will bring forward more claims if BSA releases local councils from the automatic stay. I also think he may try to bring the issue of revoking BSA’s congressional charter again since he seemed interested based on his reaction on Twitter.
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36 minutes ago, CynicalScouter said:
Provide primary general liability insurance to cover the Charter Organization, its board, officers, Charter Organization Representative (COR), employees, and adult volunteers for authorized Scouting activities.
I’m glad this addition was added because I may be assuming the role of COR soon and I would expect as much for volunteering to sponsor a troop.
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5 minutes ago, Eagle1993 said:
Kosnoff is out with his update. Is he reading Scouter.com?
Probably. He’s pretty much on the inside of BSA these days. I’m sure he reads the Reddit too.
6 minutes ago, Eagle1993 said:The TCC plan was a LC by LC resolution, which is likely what will come out. BSA has already mentioned they will be a trimmed down version.
I call this the “Survival Plan”. BSA runs off of the coke they’ve been funneling through for the last year.
8 minutes ago, Eagle1993 said:Our COs will be sued and BSA will not be there to protect them
I wonder if COs might have a defense of “We signed away our liability to BSA, so talk to them”. If not, many COs are still in bankruptcies of their own.
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1 minute ago, ThenNow said:
That was my thinking, but I heard a rumor that BSA is full court pressing for them to be included with the settlement and subject to the channeling injunction. Are you aware of any such abuse claim(s) submitted to the FCR for this specific evaluation?
No. I saw in the TCC document I think 10 direct abuse claims in 2020. 2019 had I think 19 claims which were also potentially subject to the FCR as well. Generally you do better in court or in the regular bankruptcy settlement over settlement through the FCR in bankruptcy.
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1 minute ago, ThenNow said:
Random question, but relevant to this discussion. Is anyone aware of BSA's position on administrative abuse claims, meaning they arose post-filing? Technically, they should not be subject to the stay or channeling injunction.
They would submit claims to the FCR for evaluation. After retaining private counsel. Unless a global resolution isn’t reached in which case they’d have recourse in the normal tort system.
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8 minutes ago, johnsch322 said:
How about how much time has past from the abuse, trying to keep it out of your mind for 40 to 50 years and now you are 70 or 80 years old and memories are not what they used to be. Good enough?
I’d need a little more information than that. I’m not trying to be devil’s advocate here, but for the sake of fairness you have to remember something unless you have a valid diagnosis of repressed memory. Maybe the color of the perpetrator’s jacket, relative location, time of year, etc.
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2 minutes ago, CynicalScouter said:
Ok, how much "missing" information until a person doesn't get a vote? I'm not being mean here, this is what the insurance companies are saying as well.
If someone doesn’t even remember the name/place of occurrence/date of occurrence. If they can remember two of those three I’d give them a vote.
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2 minutes ago, CynicalScouter said:
Are you suggesting that BSA and the court go through all 82,500 claims NOW to ensure no "voter fraud" (which is what the insurance companies want)? That would take years.
I’m suggesting those missing information be ineligible to vote if they can’t provide a reason.
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1 minute ago, CynicalScouter said:4 minutes ago, 100thEagleScout said:
BSA's been pretty clear about its numbers. What numbers do you think would be hidden or not clear?
Insurance rights and LC contributions. Only National BSA has been fairly straightforward.
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6 minutes ago, Eagle1993 said:
This has all 3 Mediators on the signature line.
It really feels the are close. I don't believe there would be time to exit this in failure. Then have TCC/BSA present updated plans. Obtain objections/support for those plans. Hold a couple of hearings. Then a plan for vote. Wait for the results. Review the results and finally approve the plan by September (or October or possibly even November). What is the point. They need to exit mediation with an agreement from TCC & the Coalition. The only other option at this point would be liquidation and I don't see that as a viable path.
Their plan better be substantial with clear numbers and procedures. If not we are going to see an overwhelming no vote. The BSA also can’t go ahead and try to make “easy settlements” with the masses. If they’re looking to just buy off quick yes votes and cause some sort of voter fraud in this bankruptcy, get ready to see all hell break loose.
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3 minutes ago, yknot said:
That's interesting. I did not appreciate that distinction.
He managed to convinced MANY of his clients to write letters, so I wouldn’t doubt it.
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2 minutes ago, ThenNow said:
Um, anyone here have 17,000 claimant clients? How about all of us combined? Let’s not minimize. Haters hate, but he’s still a play-ya.
Yeah, Kosnoff is a giant in the BSA sexual abuse litigation world
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8 minutes ago, Eagle1993 said:
Kosnoff Law
"This bankruptcy may go down in history as the only instance in which the judge never made a single, solitary ruling. Survivors would have been better served by a used side by side refrigerator with a broken ice maker and wrapped in a black robe."
He’s not wrong though
Chapter 11 Announced - Part 6 - Plan 5.0/TCC Plan TBD
in Issues & Politics
Posted
That Coalition meeting was typical Big Law, small claimants. “Leave no claimant behind”. I’m sorry but you can’t have both fair compensation for some survivors and compensate all victims. The fairest way to go about it is to just compensate those in open states only and closed states get whatever is left because that’s how a real bankruptcy proceeding works. The numbers the way they are right now I don’t mathematically see how we get to 2/3 when 1/3 of claimants are in open states and may have already filed lawsuits against local councils and preserved statutes of limitations between them and BSA National through the bankruptcy filing and have no incentive to ever vote Yes on this plan or take the $3500.