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Everything posted by SiouxRanger

  1. Officials of several other denominations — including the Southern Baptist Convention, the Evangelical Lutheran Church in America and the Presbyterian Church (U.S.A.) — have advised their churches to hire their own legal counsel if they fear possible sex-abuse litigation. The Presbyterian Church said its national leadership can't act on behalf of member churches because they are separate corporations. The leadership of the Evangelical Lutheran church also said its congregations were on their own, legally speaking, and must decide for themselves whether to continue any relationship wi
  2. I sent my reply to the printer. Should be done printing in 4 or 5 hours. I will reply. Great question.
  3. Oh, I only so hope you are right. Judges really fear and hate being appealed and more so detest being reversed. But if she has learned little, that means that the abuse survivors will have to sit out an appeal. I truly hope that is not so for them. We, or at least I, do not have much insight as to what is happening behind the scenes, but I am totally unimpressed with the proceedings so far.
  4. From the above quoted article: Silverstein herself admitted that she did not pay close attention to the provision of the solicitation procedures order governing vote changes. “Just because I signed it doesn’t mean it’s correct,” she said. Res ipsa loquitur. (the thing speaks for itself.) I was going to write something about this statement, but instead, I am headed to the garage to put my head in a vise. Ten minutes used to be enough before this week, when I increased my dose to 20 minutes. With this statement of the Judge: we'll try 30 minutes... (Now I understand wh
  5. I agree with you. Personally, I don't have any sympathy for National that the mess it created could take years to resolve, with time running adversely against National, the tortfeasor. National made this mess and it should step up and take real measures that "equitably compensate" abuse survivors. And give them sound information to make an informed decision on its Plan. "Informed Consent" as a concept has worked its way into many aspects of life, except, apparently, bankruptcy law. And if National liquidates, well, someone will step up and pick up the pieces. It just won't be t
  6. Above, per the Judge. Well, wouldn't obtaining that number first answer a lot of important questions?
  7. Seems to me that what is left is also misleading, and pro National. Perhaps the Judge should compel the parties to produce accurate information so the the vote results are not corrupted by misleading simplification or misleading complexity. This is looking a lot like a third grade aptitude test: "Class-time is up, pencils down."
  8. Right on. Insurance companies cannot be threatened buy mere mortals. Not by single plaintiff cases. Hartford might be very concerned but only on account of the mass tort aspect of this. Even then, it seemed to be able to work a sweet deal to limit its liability. I can easily see insurers paying $0.00 for nuisance value in time-barred states. And finding a lawyer willing to work on a contingency basis facing an expired statute of limitations against an insurance company? Good luck won't help-you'll need a miracle.
  9. Boy, I would love someone to explain to me why National thought this would be simple, and "we'll be out of this by Fall." It ALMOST looks like all of these issues are catching the principal folks (National, TCC, and such) off guard. (The process we are now in is that the main players are digging deeply into all the minutiae that affects them; the issues are exploding exponentially and will entangle and consume the litigation process. It is rapidly becoming a "Gordian Knot." Alexander the Great untied the Gordian Knot by slicing it in half with his sword, thereby fulfilling prophe
  10. I am just going to say that given the infinite number of variables in making such an evaluation, the reading of tea leaves must play some part. As an example: "We rate State A as having an 8% probability of reopening its statute of limitations." How is that 8% determined? There are time considerations in getting the job done. If 2 or 4 years, then will the political makeup of the legislature change yay or nay? A new Governor who is more or less likely to sign the bill? And if vetoed, will the then (in the future political makeup of the legislature) be able to override a veto
  11. Excellent question. I was late to the game here and know little of the "grey scale" concept as discussed in this forum. My understanding, and I could be entirely incorrect, is that the gray scale originated from National in an early Plan. IF, and only IF that is the case, the question becomes, why would National include clearly time-barred claimants as a class of creditors to receive some payment? And the only answer I can come up with is that National wanted to appear that it was trying to "equitably compensate" abuse survivors. My second best idea (at least to me), is that th
  12. CynicalScouter is absolutely correct. Heavens, for all that folks hate that legal process is interminable-we are going to kill off the only thing that puts an end to it: statues of limitation? Can't win, can't break even, can't get out of the game.
  13. I would have to see this to believe it-all of the facts and circumstances, applicable statutes, contracts, etc.. My favorite is the divorce client who claims his buddy at the shop "got to keep his house." Insinuating that the guy always gets to keep the house, or that the buddy's lawyer was really good. Well, generally, it turns out the buddy gave up his pension plan benefits in an equal value exchange, or some other asset the buddy is not bothering to mention. "Always got to look like a winner." Statutes of limitation are pretty much made of granite.
  14. Document discovery (letters, memos, reports, contracts, etc.) and discovery of tangible things (a failed valve, for example) is generally done first. THEN, depositions follow, and the witnesses are questioned about those documents and failed valves, so you can learn what they will say in court about those documents and failed valves. If the depositions were done first, there would be little to question the witness about.
  15. One of the significant differences between disclosure and discovery, is that the disclosure is "crafted" by the debtor to show what the debtor wants to reveal-and in whatever light the debtor believes will present a favorable view of the disclosure and elicit votes approving it. Something akin to lawyers taking over the marketing and sales departments. Discovery, on the other hand, allows a party to a lawsuit to request documents, computer data, nearly anything even remotely connected to the litigation, so that the requesting party can examine it, and draw their own conclusions regardin
  16. I think that is still the case with my unit. I've been the Troop treasurer for 10 or 15 years now, imposing an actual accounting and record-keeping system that took our Troop from bouncing 2 checks a month to about $4,000 in the bank-all due to collecting camping fees, donations, and fundraising revenues. I am not sure what EIN is on our account. (I try to keep my scouting volunteer hours to something less than my day job hours.) I believe it was ThenNow who mentioned that he was famous. I think Warhol was mistaken. We won't have 15 minutes of fame, but 15 minutes of incarcerati
  17. Just an aside (which I may have mentioned before but just to demonstrate the depth of ignorance). My unit does not have an EIN. Some years ago, in an effort to avoid paying sales tax of about 10%, I asked the CO for its EIN-a Catholic Parish. I went around and around over many days' of phone calls with a senior layperson in the Parish. (Not the Parish Priest who has official authority-I guess it was not important enough to be brought to his attention???). "What do you want the EIN for?" "Uh...food, equipment..." "Well, we wouldn't want the troop to use it for food, c
  18. "Purchasing companies" generally involves two legally recognized entities engaging in either an asset purchase, or a stock purchase, pursuant to written a written contract wherein the retention or assumption of existing liabilities is provided for. Consideration is paid or not, depending on the amount of liquidated liabilities, or the risk of known unliquidated liabilities and unknown liabilities. Even where a company assumes the liabilities of a selling company, that assumption does not relieve the selling company of its liability to the person or entity to whom it was-and remains-liabl
  19. I am with you on this. National postures the unit as part of the CO through the rechartering agreement, though in practice, may CO's do not fulfill their role. And yet, unlike the choir teacher, or even members of the choir, NATIONAL has its "Standards Of Membership And Leadership" by which NATIONAL can expel a member of the unit theoretically under the control of the CO. So, National delegates responsibility to the CO, yet retains authority to to meddle in the unit's internal operations. And to terminate a unit's charter. I doubt many or any church choirs are subject to such third-
  20. This is precisely the correct observation. Years ago, I reviewed many of the governance documents pertaining to National, Districts, and units. They are a study in vagueness, ambiguity, and unworkable incompleteness-not a comprehensive governing plan. I was unimpressed. So, units, 100% in my experience, have no formal, legal. structure. They are "unincorporated associations." My state has laws pertaining to the formation, operation, governance of business corporations, not-for-profit corporations, professional corporations, banking corporations, general partnerships,
  21. There is NO WAY anyone will persuade me that the title "Just Ku Kluxin Around" is anything but shining a jovial, light-hearted touch on racism. I have represented clients who spoke of their family documents pertaining to their family's ancestor's enslavement. Or tracing their family tree back to when their ancestors who were slaves and no records exist, to their knowledge. A sobering moment in the course of an office conference. Well, for a naive white boy like me, though slavery was a part of their family history. Get an education and a copy of "Treblenka" by Steiner. Learn
  22. ad ho·mi·nem /ˌad ˈhämənəm/ adjective (of an argument or reaction) directed against a person rather than the position they are maintaining. "vicious ad hominem attacks" adverb 1. in a way that is directed against a person rather than the position they are maintaining. "these points come from some of our best information sources, who realize they'll be attacked ad hominem" 2. in a way that relates to or is associated with a particular person. "the office was created ad hominem for Fenton" So, I don't think the "ad homin
  23. This might bog you down for a bit. Exodus 34:6-7a 6 Then the Lord passed by in front of him and proclaimed, “The Lord, the Lord God, compassionate and gracious, slow to anger, and abounding in lovingkindness and truth; 7 who keeps lovingkindness for thousands, who forgives iniquity, transgression and sin; yet He will by no means leave the guilty unpunished, visiting the iniquity of fathers on the children and on the grandchildren to the third and fourth generations.” Pox: "small" or "cow?" Are you "Forrest" of "Nathan Bedford Forrest" fame?
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