SoA/DCI Lawsuit Update

[Jeff Ream]

23 hours ago, scheherazadesghost said:

I don't see how such an "agreement" could have been signed without being under duress, given the power differential. That would make it unenforceable, amirite?

Depends on if one wants to challenge it

[Jeff Ream]

11 hours ago, cixelsyd said:

Wait.  Are you saying that (if rumor = truth) NDAs were executed by a drum corps organization?  That money was spent by a drum corps non-profit for that purpose?

Rumor has a person or and organization. The worst kept secret in drum corps has few people talking 

[scheherazadesghost]

1 hour ago, Jeff Ream said:

Depends on if one wants to challenge it

I hope they do one day. Such an agreement, if it exists, would be best described as nauseating, mortifying and despicable... and those who created it should be ashamed of themselves and publicly known.

Looks like the Hales-SOA/DCI case might give us a first glimpse of what such a challenge might look like. I wish McKenzee and her support circle strength.

[greg_orangecounty]

Time to pack it up if there is a need for NDA's in a youth activity.  

I hope this young lady finds peace, resolution, and stops commenting on social media about it until the case is over.  Only her attorney should be speaking at this point. 

 

 

[HockeyDad]

From the internets:  NDAs cannot legally prevent reporting of criminal activities. So if Ms. Hales was reporting such activity, I’m not sure what SOA’s point is here. 

[IllianaLancerContra]

4 hours ago, greg_orangecounty said:

Time to pack it up if there is a need for NDA's in a youth activity.  

I hope this young lady finds peace, resolution, and stops commenting on social media about it until the case is over.  Only her attorney should be speaking at this point. 

 

 

You are correct about posting on social media.   The plaintiff’s quote (cited previously) is from last fall. She now understands the importance of letting her legal counsel do the communications. 
 

Concerning the dates of the various filings etc, I have a gut feeling that we are looking at a fall 24 court date.   

[Terri Schehr]

1 hour ago, HockeyDad said:

From the internets:  NDAs cannot legally prevent reporting of criminal activities. So if Ms. Hales was reporting such activity, I’m not sure what SOA’s point is here. 

It’s not good optics in any case. 

[Terri Schehr]

7 hours ago, scheherazadesghost said:

 

Looks like the Hales-SOA/DCI case might give us a first glimpse of what such a challenge might look like. I wish McKenzee and her support circle strength.

They’ll need it.  The activity has a way of turning survivors into pariahs.  Tricia Nadolny wrote about it at length. 

[JimF-LowBari]

1 hour ago, IllianaLancerContra said:

You are correct about posting on social media.   The plaintiff’s quote (cited previously) is from last fall. She now understands the importance of letting her legal counsel do the communications. 

Followed some of her posts and responses here and on Reddit (when I could get it to work). Agree haven’t seen anything from her in quite a while. Hope she’s letting the lawyers handle the load and she is living her life as best as possible 

[FormerXyloWhiz]

17 hours ago, scheherazadesghost said:

Within this realm of speculation, can you please kindly ELI5 how such a contract might include 1. being held harmless for illegal acts vs 2. being held harmless for non-ethical acts such as verbal harassment or sexual acts between adults 18+ within, say a staff-to-member power differential, which are still nonetheless not illegal? In the case of Hales-SOA/DCI, I think we're squarely in #1 as she was a minor, known or not.

I haven't read one since I signed one but it does make me wonder if mine is still on file somewhere, how long corps keep such documents, and if they have been digitized for safe keeping.

Criminal and Civil are two totally separate areas of law, penalties, and enforcement. 

Criminal activities and consequences are not decided in lawsuits with private attorneys.  They are solely in the scope of governmental authorities to bring and prosecute, i.e., police & states/district attorney offices.  No contract can protect against criminality.  In criminal cases, the burden of the Plaintiff against the Defendant is to prove "beyond a reasonable doubt".  This case and the subject matter is not a criminal matter.

The case is a civil matter that is compensatory at heart, an attempt to "make the Plaintiff whole" (which can never happen of course, but that's the theory).  The burden of proof is not as strict as criminal cases but still tough, Plaintiff has to prove based on a "preponderance of the evidence that it is more likely than not" that SoA or DCI was negligent.  When it comes to civil liability and negligence, you CAN contract your way out of civil penalties.  Example: go Bungie jumping.  I guarantee you have to sign forms that basically say if something terrible happens you waive any right to come after them for civil compensation.  That's what I'm referring to here and that's the sort of thing they are referring to in their filed Answer.