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Chapter 11 Announced - Part 6 - Plan 5.0/TCC Plan TBD


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2 hours ago, CynicalScouter said:

And what do you know: The Coalition is also objecting to Rule 2004 discovery as well.

They are NOW arguing that with the court's approval of the solicitation plan, Rule 2004 discovery about how the proofs of claim were generated is now done. Forgeries? Misuse of names and signatures? Done. The aggregators are now off the hook.

Because I seem to veer into torturing myself, I read a bunch of this stuff back when we were discussing the mass tort b’ness. I recall posting a piece about three federal judges making a fuss about this and are asking for disclosure of “who else is in my courtroom,” meaning outside funding driving the litigation. I found this excerpt from another piece centered around product liability instructive. I don’t agree with all the author has to say in the rest of his article, but this was added to my pain inflicting library as worthwhile. Some may find it interesting. Apologies if not.

[Begin quoted text]

Advertisements.

Since the courts discovered that lawyers have a constitutional right to use advertisements to solicit clients, they have done so – with a frequency that would no doubt have shocked the Founding Fathers.  Anybody who watches TV knows what we’re talking about.

And it’s not just lawyers, either.  Media specialists and third-party litigation funders also combine to run (with apologies to Marlowe) the race that launched 100,000 TV (and internet) ads.  Anyone who responds – and many do – becomes “inventory,” their claims available for sale in bulk to enterprising lawyers hoping to cash in on the next mass tort.

Thus, within hours after the triggering event, “law firm” websites will invite product users to sign on as potential clients.  Similar solicits in other forms of media follow.

This early stage is usually the point of no return.  The lawyers involved will freely buy, sell, and trade the would-be clients that have signed up – to the point where those clients often don’t know who their lawyers actually are.  But once they have clients, no matter how attenuated the relationship, lawyers cannot ethically let them go.  Regardless of the facts, the mass-tort litigation process takes on a life of its own.

https://www.druganddevicelawblog.com/2018/09/anatomy-of-a-mass-tort-2-0.html

 

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This is Doug Kennedy, a member of the TCC.  First, I want to thank all of you for your comments over the past 18 months.  Your comments and those in other forums, whether I disagree with them or not,

Scouter.com is not well liked by National and believe me, while we are all scouters, we have various opinions of BSA.  I think if BSA fails, we will help build up a new scouting organization. If you w

Normally I wouldn't discuss user issues, but given his profile pic and signature I'm going to make an exception: Regardless of the impression given by his profile picture and signature line, Cyni

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If anyone wants to understand the mass tort ecosystem and aggregators, the WSJ did a great piece on it a couple years ago.  https://www.wsj.com/articles/inside-the-mass-tort-machine-that-powers-thousands-of-roundup-lawsuits-11574700480 

Sorry, it's paywalled and I'm not at work where I can do a little cuttin and pastin.  But here's some more links to turn your stomach:

Want to invest in the attorneys who play the mass tort game and need funding for all those commercials?  https://www.yieldstreet.com/resources/article/mass-tort-and-litigation-funding/ and their fund: https://www.yieldstreet.com/offering/OkGumg/legal-finance-fund-ii

Or how about jumping right in to the mass tort game as a lawyer: https://mtmp.com/

You could even attend a session where Ann Andrews from Coalition fame is the speaker.  Just look at that lengthy history of representing victims of abuse: https://mtmp.com/speaker/anne-andrews/  She must be really good because she serves on the TCC!  Earlier this year, I began serving on the Tort Claimants Creditors’ Committee in Boy Scouts  I hope a TCC member or two is reading this and asks her to stop saying that.

The deeper I look at this "industry" the more disgusted I get.  And....don't get me started on the specialized aggregators.

 

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7 hours ago, MYCVAStory said:

Sorry, it's paywalled and I'm not at work where I can do a little cuttin and pastin

I’ll get it. I know a guy. Hm. Just looked at it. I may have posted this somewhere in the haystack. No use looking. Regardless, the request has been made.

Edited by ThenNow
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I don’t even know where to start, or how to word my questions. I’ve never posted on a forum like this before. 
 

I’ll start with a thank you. I’m the mom of a minor survivor. Reading this forum has helped me navigate, and process, a lot of my emotions. All of you are incredibly brave and, to me, your voice is so powerful. Mom hugs all around! 
 

I guess I’m just really confused with a lot of the nuances of the disclosure statement regarding closed/open states. My son is well within his SOL, but our state is considered a grey state I think? Are they just grouping by state SOL, or by individual case SOL? 
 

I don’t even know if I’m asking this right. I’m sorry. I’m just trying to figure all of this out so I can explain it to my son correctly, and efficiently, without causing him more trauma talking about it too much. 

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18 minutes ago, klleboe said:

I guess I’m just really confused with a lot of the nuances of the disclosure statement regarding closed/open states. My son is well within his SOL, but our state is considered a grey state I think? Are they just grouping by state SOL, or by individual case SOL? 

While we can offer our opinions and conjecture about the settlement in general, or for the "average" victim in order to answer questions pertaining to your particular son you need to speak with your attorney. Only he or she can tell you exactly what the ramifications are in your particular case.

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It’s been day by day for the last three years but he’s a fighter! He’s wicked strong and I am so proud of him. 
 

The bankruptcy is just confusing and I don’t want to give him bad intel when he asks me questions. 
 

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1 minute ago, CynicalScouter said:

While we can offer our opinions and conjecture about the settlement in general, or for the "average" victim in order to answer questions pertaining to your particular son you need to speak with your attorney. Only he or she can tell you exactly what the ramifications are in your particular case.

Ok. Thank you. 

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klleboe  welcome to the forum. There is a wealth of expertise and experience here who will be glad to assist. I think this is heart-breaking for all of us to hear and we wish for a day where all children and youth are safe.

I think that the advice to consult with your attorney on the specifics of your case   is wise. Also, if you have not already, consider securing the assistance of a counselor or other helping professional not only for your son but also for your family. This is a tough road to walk alone.

 

Edited by gpurlee
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https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/2e1a8c44-7812-46a0-8a93-5aa5621dc7b2_6431.pdf

This is the latest disclosure.  Right now, claims inside the statute of limitations are considered open states (regardless of what state it occurred in).  The references you see to grey states are for those claims outside the SOL.  
 

This is definitely not legal advice, as @CynicalScouter stated we do our best to talk general aspects of the bankruptcy but cannot give legal advice in specific cases.   

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That actually answered my question and explained it in a way I understood. Thank you!

5 minutes ago, Eagle1993 said:

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/2e1a8c44-7812-46a0-8a93-5aa5621dc7b2_6431.pdf

This is the latest disclosure.  Right now, claims inside the statute of limitations are considered open states (regardless of what state it occurred in).  The references you see to grey states are for those claims outside the SOL.  
 

This is definitely not legal advice, as @CynicalScouter stated we do our best to talk general aspects of the bankruptcy but cannot give legal advice in specific cases.   

 

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39 minutes ago, klleboe said:

I guess I’m just really confused with a lot of the nuances of the disclosure statement regarding closed/open states. My son is well within his SOL, but our state is considered a grey state I think? Are they just grouping by state SOL, or by individual case SOL? 
 

I don’t even know if I’m asking this right. I’m sorry. I’m just trying to figure all of this out so I can explain it to my son correctly, and efficiently, without causing him more trauma talking about it too much. 

Welcome to this forum. It is exceptional. 
 

Your son is in statute as a minor regardless of it being a gray state. The various gray state columns are for men who are out of statute based on age or their chance of recovery in a lawsuit brought in that state because of its SOL rules.  
There are many minors in this case.  BSA and the local councils have not factored the minor cases in considering the sufficiency of the local council contributions. Your son falls in a category that is probably a NO vote on this plan. He’d do much better depending on the facts suing the LC and charter org in that state. 

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1 minute ago, Muttsy said:

Welcome to this forum. It is exceptional. 
 

Your son is in statute as a minor regardless of it being a gray state. The various gray state columns are for men who are out of statute based on age or their chance of recovery in a lawsuit brought in that state because of its SOL rules.  
There are many minors in this case.  BSA and the local councils have not factored the minor cases in considering the sufficiency of the local council contributions. Your son falls in a category that is probably a NO vote on this plan. He’d do much better depending on the facts suing the LC and charter org in that state. 

We already have a case filed and a criminal conviction. His lawyer has tried to explain everything to us but this forum has made more sense to me with regular language instead of legalese. 
 

Thank you!

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4 hours ago, klleboe said:

 

It’s been day by day for the last three years but he’s a fighter! He’s wicked strong and I am so proud of him. 

 

I don’t know him, but I’m proud of him too!!!

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On 10/1/2021 at 10:24 PM, MYCVAStory said:

If anyone wants to understand the mass tort ecosystem and aggregators, the WSJ did a great piece on it a couple years ago.  https://www.wsj.com/articles/inside-the-mass-tort-machine-that-powers-thousands-of-roundup-lawsuits-11574700480 

Sorry, it's paywalled

Making good on my threat. Here it is.

 

520766341_InsidetheMass-TortMachineThatPowersThousandsofRoundupLawsuits-WSJ.pdf

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