Jeff Ream Posted January 30 Share Posted January 30 5 hours ago, Keith Hall said: Does anything last in Erie? I don't say that to be mean but corps seem to go away when in Erie. snow lasts 1 1 Quote Link to comment Share on other sites More sharing options...
Slingerland Posted January 30 Share Posted January 30 (edited) Gaming this out, there is a possibility that when this gets to trial, the court could either reject the plaintiff's case against CAE altogether, or find for the plaintiff but award a sum small enough that it's conceivable CAE could find the funds, then have a fresh start - but with an entirely new name and identity, since identifying as "The Cadets" was a factor in the judge allowing the suit against CAE - technically not the Garfield Cadets - to move forward. So "The Cadets" have likely seen their last regardless of how this turns out. Edited January 31 by Slingerland Quote Link to comment Share on other sites More sharing options...
OldSnareDrummer Posted January 30 Share Posted January 30 I got it. Rename the corps legally to The Cadets Formerly Known as The Cadets. I gotta say, my 50/50 hopes of (insert corps name here) making a comeback in my lifetime have gone to 20/80 just today and nosediving. But with this corps name change, they could start to improve. Quote Link to comment Share on other sites More sharing options...
Tim K Posted January 30 Share Posted January 30 2 hours ago, IllianaLancerContra said: Question for lawyers here - If settlement exceeds cash available, who gets paid first - the plaintiff or the lawyers? Or is there some kind of split that is settled on? It would depend on whether organization is found responsible after a trial or whether they settle out of court. Out of court settlements are binding and assets are listed prior to the two sides sitting down, so when negotiations take place, it is known what is available and what can be sold to pay the settlement. After a trial, the judge or jury sets the amount. If it is higher than what is available, the two sides can go to arbitration or a judge can reduce the settlement. When it comes to dividing the settlement, usually the legal team gets 1/3rd of the settlement. Quote Link to comment Share on other sites More sharing options...
JimF-LowBari Posted January 30 Share Posted January 30 2 hours ago, Slingerland said: Gaming this out, there is a possibility that when this gets to trial, the judge could either reject the plaintiff's case against CAE altogether, or find for the plaintiff but award a sum small enough that it's conceivable CAE could find the funds, then have a fresh start - but with an entirely new name and identity, since identifying as "The Cadets" was a factor in the judge allowing the suit against CAE - technically not the Garfield Cadets - to move forward. So "The Cadets" have likely seen their last regardless of how this turns out. Don’t forget the costs involved in lawyering up and going to court. Knew someone who took a plea bargain (suspended sentence) instead of going to trial. Court costs making it hard to keep the house and family fed Quote Link to comment Share on other sites More sharing options...
IllianaLancerContra Posted January 30 Share Posted January 30 2 hours ago, Tim K said: It would depend on whether organization is found responsible after a trial or whether they settle out of court. Out of court settlements are binding and assets are listed prior to the two sides sitting down, so when negotiations take place, it is known what is available and what can be sold to pay the settlement. After a trial, the judge or jury sets the amount. If it is higher than what is available, the two sides can go to arbitration or a judge can reduce the settlement. When it comes to dividing the settlement, usually the legal team gets 1/3rd of the settlement. 34 minutes ago, JimF-LowBari said: Don’t forget the costs involved in lawyering up and going to court. Knew someone who took a plea bargain (suspended sentence) instead of going to trial. Court costs making it hard to keep the house and family fed I agree concerning settlement & lawyers getting 1/3. But what happens if plaintiff doesn’t have funds to pay? Which could happen if it goes to a jury trial. And the defendant lawyers- they want to get paid too- where are they in the pay prioritizing list? 1 Quote Link to comment Share on other sites More sharing options...
Slingerland Posted January 31 Share Posted January 31 (edited) 1 hour ago, JimF-LowBari said: Don’t forget the costs involved in lawyering up and going to court. Knew someone who took a plea bargain (suspended sentence) instead of going to trial. Court costs making it hard to keep the house and family fed From what I understand, they're already in six figures deep on legal representation (which is why they couldn't in good conscience move forward with a corps this summer). An attempt at settlement was, I'm going to guess, already made and rejected, which would indicate that the plaintiff is looking for significant punitive damages. Potential good news is that the jury (plaintiff requested a jury trial) could look at the whole of the circumstances (as far as is public via the complaint) and decide that the punishment sought - and the party it's sought from - are out of whack, and come in with a judgment in her favor but at a financial level in the low six figures. Depending on their insurance situation, that could be survivable. Looking through the amended complaint again just now, there are more than a few points where Cadets' lawyers can stick wedges that make the narrative less compelling as it relates to the current org that manages the corps (CAE), so a trial loss is far from a foregone conclusion - which doesn't leave them out of peril regarding their own legal fees, but at least it's something for them. Cleaning up in Aisle 7 will be a lot harder, and as I noted earlier, if they were able to pull things together again, it wouldn't be as The Cadets. Edited January 31 by Slingerland Quote Link to comment Share on other sites More sharing options...
Slingerland Posted January 31 Share Posted January 31 (edited) 13 minutes ago, Slingerland said: dupe. Edited January 31 by Slingerland Quote Link to comment Share on other sites More sharing options...
jwillis35 Posted January 31 Share Posted January 31 2 hours ago, Slingerland said: Gaming this out, there is a possibility that when this gets to trial, the judge could either reject the plaintiff's case against CAE altogether, or find for the plaintiff but award a sum small enough that it's conceivable CAE could find the funds, then have a fresh start - but with an entirely new name and identity, since identifying as "The Cadets" was a factor in the judge allowing the suit against CAE - technically not the Garfield Cadets - to move forward. So "The Cadets" have likely seen their last regardless of how this turns out. I agree with your assessment. So much depends on how this latest case is solved and the financial ramifications. Then you have to hope they don't get hit with another. As for the name of the corps I personally never liked "The Cadets." Too general. I liked it when they were Garfield Cadets. I didn't mind Cadets of Bergen County, and I love Holy Name Cadets. It would be nice -- if by miracle they make it back -- if they could work something out with the Most Holy Name church in Garfield for naming rights no matter where they headquarter the corps. As for coming back, let's face it...they will need some big donorship infusement. When it comes to instruments I don't worry about that too much. They could likely get a decent lease with Yamaha for brass and percussion. But that and tour dues from the members does not cut it. You need lots of cash for tour charters, trucks, housing, food, staff, management and a lot more. I remain optimistic...but that's just my heart talking. I know what my head is telling me. I enjoyed the article. The Cadets are certainly a history-rich organization that, to this point, lasted 89 years. It is very sad they have to miss their 90th anniversary. We are no longer sure there will be a 90th season. Their history with DCI is certainly engrained into the hearts and minds of DCI fans who fondly remember their innovative shows, the catchy moves (Z-pull, Appearing-Disolving-Reappearing Company front), the Championships, the near misses, and the head-scratchers. Many fans can still remember just how much of a game-changer their 1984 show was, and not just for DCI. That show changed H.S. Band, College Band, and its effect reverberated world wide. Many current instructors today -- judging from the podcast I heard over the Pandemic -- still gush about their 1985 show. They had a major impact on the marching arts activity in the 80s and 90s. They have a glorious past, too, having won 10 American Legion national titles to go along with many regional victories pre-DCI and during the DCI period. Keeping my fingers crossed. Quote Link to comment Share on other sites More sharing options...
TheOneWhoKnows Posted January 31 Share Posted January 31 3 hours ago, Jeff Ream said: snow lasts We don’t even get that much snow here anymore Quote Link to comment Share on other sites More sharing options...
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