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wolfgang

Class Action lawsuit

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This is hypotherical, but if an attorney representing all persons who paid fees, (including audition materials and transportation costs) to attend any Oregon Crusaders camp held for 2019 season filed a class action lawsuit against the OC organizarion either in Oregon state courts or Federal court (if there is a valid Federal case to be made), would there be a good chance of a judgement against the OC organization?

If potential members were reimbursed, very well. I suspect they have not been.  Seems like false advertising if the corps actively recruited and held camps, then pulled the plug after people already paid $.

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given that everything just broke yesterday, not everything may have been addressed/put in writing yet

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Shaky ground. The majority of these tryouts are called "Experience Camps" for a reason. Anyone who attended these camps received what was advertised - experience. The overhead (logistics, staff, equipment maintenance, food, etc.) has already been exhausted and the expectation fulfilled. I venture a guess that is exactly why the language is as it is. Your 'contract' for a $200 camp is just that... those two days. Come Monday, the agreement has been fulfilled and nothing is owed.

The only thing I could see being remotely actionable is if they did issue tour member contracts and those contracts did not have an indemnification or force majeure clause that covered the process of refunding in such an event (tour cancellation) and the corps flatly refused to reimburse (in writing). I know all the contracts I've seen had refund policies in the event the mm quit, but I don't recall seeing one in place on how much would be returned and how quickly the money would come back if the corps chose not to tour. I dont think that's something many corps are actively putting out in the world. Could you imagine seeing that type of language in contract form? To me, that's almost asking for lack of confidence from mm/parents and a lively "explain yourself, where the hell is my money going and are you sure you're gonna tour" parent meeting. 

Edited by LeftCoastCupcake
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Very well.  I mentioned OC because this just happened, but honestly I had in the back of my mind other corps over the years that held camps, had offered and signed contracts, etc. 

Maybe a better way to ask the question is not about OC specifically, but any corps from any state (and the appropriate state court where the corps is located).

Regarding OC specifically, it is my hope they will make things right, get the right people in Administration, and someday come back.

Edited by wolfgang

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1 hour ago, wolfgang said:

This is hypotherical,

Could a hypotherical case be made by OC affected individuals against Stevens? Why was his social footprint so clean? Then expand the suit to Pro Mark or who ever placed his name on their stick. They for their own reputation sake must have of looked into his background did they know and let him on the sticks anyway, I don't think so..

Or did Stevens himself scrub his digital footprint for endorsement (had a lot at stake)? In that case can Pro Mark sue him as well? Since this is hypotherical please hold back what you think of me.

As far as suing OC can't they just claim there was not enough interest struggling to reach 100 members? That they reacted to the Stevens situation rebulit their staff. Then did hold a few camps, named drum majors but stopped short of contracts or collecting tour fees?

Edited by Bluzes

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Except for 2 or 3 well financed corps After the corps sells its assets to pay its legal fees there would be nothing left for the court to award to the plantiffs.  I doubt that many lawyers would put together a case like that with little chance of ever getting a payday.

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3 minutes ago, totaleefree said:

Except for 2 or 3 well financed corps After the corps sells its assets to pay its legal fees there would be nothing left for the court to award to the plantiffs.  I doubt that many lawyers would put together a case like that with little chance of ever getting a payday.

Agreed lawyers look for any loophole they can to expand liability. Does Pro Mark have any exposure due to the endorsement? I am not out to get Pro Mart. I don't hate drum companies this is nothing personal, just a question.

 Did Pro Mart ever make a public statement removing his name from the stick dissociating themselves from Stevens? 

On the other hand, does Pro Mart have a case against Stevens for breach of contract? Lawsuits concerning endorsements happen all the time, these individuals put themselves on pedestals and are by contract expected to maintain the very highest moral standards. When they abuse their influence on devious acts there is a higher price to pay.

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We're not talking about a major corporation here. It's unfortunate that people spent money and didn't get what they paid for. I don't know what other options other if you paid by a credit card you can possibly get the charges reversed. I once paid for a Whitney Houston concert but she cancelled at the very last minute. We were actually at the venue. The show sponsor of her concert sued her for damages but it was only for their costs and it didn't include people who bought tix. I didn't bother to pursue it (for 65 bucks?). We did eventually did get a 50 bucks voucher for a future concert thru Ticket tron.

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1 hour ago, Bluzes said:

Could a hypotherical case be made by OC affected individuals against Stevens? Why was his social footprint so clean? Then expand the suit to Pro Mark or who ever placed his name on their stick. They for their own reputation sake must have of looked into his background did they know and let him on the sticks anyway, I don't think so..

Or did Stevens himself scrub his digital footprint for endorsement (had a lot at stake)? In that case can Pro Mark sue him as well? Since this is hypotherical please hold back what you think of me.

As far as suing OC can't they just claim there was not enough interest struggling to reach 100 members? That they reacted to the Stevens situation rebulit their staff. Then did hold a few camps, named drum majors but stopped short of contracts or collecting tour fees?

Stevens is hardly the sole reason why OC is not coming out this summer. As stated to you in other threads, there were issues brought up last summer that caused most if not all of the staff to leave and a multitude of the kids as well.

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As the person who started this thread, the intent is about corps who have had camps and pulled the plug, and what recourse members may have for monies spent for the purpose of marching with a specific group.  Yes, once legal fees are factored in, it may well be a situation where it's a cost prohibitive endeavor to pursue.

Ancillary issues such as liability for associate sponsors are way beyond the intended discussion.  

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