SoA/DCI Lawsuit Update

[IllianaLancerContra]

At the risk of starting a thread that will likely go off the rails at some point, court website says both DCI & SoA have been officially served w/ lawsuit.  So the process is moving forward.  Still no link to actual legal docs.   Next step likely hearing (currently unscheduled) where defendants will likely argue that the case should be dismissed.   
 

Also possible it settles out-of-court. 

[MarimbaManiac]

Good. 

Change sometimes requires consequences, so maybe getting gut punched by the justice system will be a catalyst for activity wide changes. 

Edited October 25, 2023 by MarimbaManiac

[Jeff Ream]

i figured we'd know less now and more later. the legal system moves at its pace

[rpbobcat]

2 hours ago, IllianaLancerContra said:

At the risk of starting a thread that will likely go off the rails at some point, court website says both DCI & SoA have been officially served w/ lawsuit.  So the process is moving forward.  Still no link to actual legal docs.   Next step likely hearing (currently unscheduled) where defendants will likely argue that the case should be dismissed.   
 

Also possible it settles out-of-court. 

As I've posted, I do a lot of Expert Testimony in Civil and Criminal Cases. 

In my experience , even requesting a dismissal is a ways off.

I wouldn't think a judge would consider it  at least until there are Interrogatories and depositions.

A settlement is always possible.

But, if the point of the lawsuit is not primarily financial,  but to bring light to the issue, plaintiffs may not want to settle.

If that's the case DCI & SoA could, depending on specifics of the case, "Summary Judgement ".

But a lot of judges out here in NJ can be hesitant to grant it.

 

 

 

[IllianaLancerContra]

29 minutes ago, rpbobcat said:

As I've posted, I do a lot of Expert Testimony in Civil and Criminal Cases. 

In my experience , even requesting a dismissal is a ways off.

I wouldn't think a judge would consider it  at least until there are Interrogatories and depositions.

A settlement is always possible.

But, if the point of the lawsuit is not primarily financial,  but to bring light to the issue, plaintiffs may not want to settle.

If that's the case DCI & SoA could, depending on specifics of the case, "Summary Judgement ".

But a lot of judges out here in NJ can be hesitant to grant it.

 

 

 

I am hoping that plaintiff goal is bringing light to issue(s).  If I were plaintiff (& I am not) I would only entertain settlement after depositions & on condition that depositions are made public.  Otherwise, it all comes out at trial.  

Thinking about it I agree that judge likely will won’t entertain dismissal until after depositions.  So I suppose first hearing will be on scheduling & discovery.  

[Terri Schehr]

1 hour ago, IllianaLancerContra said:

I am hoping that plaintiff goal is bringing light to issue(s).  If I were plaintiff (& I am not) I would only entertain settlement after depositions & on condition that depositions are made public.  Otherwise, it all comes out at trial.  

Thinking about it I agree that judge likely will won’t entertain dismissal until after depositions.  So I suppose first hearing will be on scheduling & discovery.  

I don’t think it’s about money although it may be. The reason I say this is that most of these drum corps don’t have any money.  

[IllianaLancerContra]

31 minutes ago, Terri Schehr said:

I don’t think it’s about money although it may be. The reason I say this is that most of these drum corps don’t have any money.  

Agree that will be hard to get much $.  TBD if insurance would cover this, depends on how policy is written & whether alleged actions are covered.  If covered, insurance will likely pay some $ for lawyers;  if not DCI & SoA are looking at many billable hours over depositions & discovery, even before it potentially goes to trial.   
 

But it was preventable had DCI (the Corps) thought through the implications of the hopacolypse and forcefully acted.   The inadequate action is coming home to roost. 

[MarimbaManiac]

17 hours ago, IllianaLancerContra said:

Agree that will be hard to get much $.  TBD if insurance would cover this, depends on how policy is written & whether alleged actions are covered.  If covered, insurance will likely pay some $ for lawyers;  if not DCI & SoA are looking at many billable hours over depositions & discovery, even before it potentially goes to trial.   
 

But it was preventable had DCI (the Corps) thought through the implications of the hopacolypse and forcefully acted.   The inadequate action is coming home to roost. 

I feel like any insurance would require some proof from DCI/SOA that they attempted to mitigate the situation, and weren't being negligent. Can they prove that? What has DCI actually done to prevent further issues like those that they were already made aware of?

It might be DCI's own unwillingness/inability to take a hard stand that bites them in the ### in the end.

[IllianaLancerContra]

10 minutes ago, MarimbaManiac said:

I feel like any insurance would require some proof from DCI/SOA that they attempted to mitigate the situation, and weren't being negligent. Can they prove that? What has DCI actually done to prevent further issues like those that they were already made aware of?

It might be DCI's own unwillingness/inability to take a hard stand that bites them in the ### in the end.

Good points.  All kinds of behind scenes stuff is happening.  We don’t know what insurance policy says.  If there is a disagreement between insurance companies & DCI / SoA then there will be more discussions between DCI lawyers & insurance lawyers.   More $$ to pay the lawyers will have to come from somewhere.  
 

IDK what kind of cash reserves DCI has, but based on what I read here it probably isn’t large.  Question I have is:  As DCI is the Corps ($0.02 to Jeff Ream), I wonder if the Corps will be required to contribute to the DCI Legal Defense Fund?   Suspect it depends on exactly how the DCI incorporation documents are worded.  
 

This could easily be the end of DCI as a organization.  Whether the surviving Corps reorganize into another organization is a separate discussion. 

[MarimbaManiac]

Yeah I agree that we really don't know. I'm not a lawyer or insurance expert, just speaking from my own experience in non-profit that there is usually a requirement to take necessary steps for prevention. 

Everything moving forward is going to be speculation, but all I've seen points to a seismic shift in the role of DCI in the activity, if it wants to continue.