Tim K Posted January 31 Share Posted January 31 4 hours ago, IllianaLancerContra said: 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? If they don’t get the money, victims go to court hoping to get liens put on whatever they can. If the settlement can’t be paid, the guilty party goes to court to see if the judgment amount can be reduced. Bankruptcy will probably be declared. If it can’t be paid, it can’t be paid. It happens pretty often. It’s fairly common people do not get the full settlement. Quote Link to comment Share on other sites More sharing options...
Jeff Ream Posted January 31 Share Posted January 31 3 hours ago, TheOneWhoKnows said: We don’t even get that much snow here anymore thats a plus. beautiful area....i loved Presque Isle. but i always questioned the move up there. Quote Link to comment Share on other sites More sharing options...
TheOneWhoKnows Posted January 31 Share Posted January 31 6 hours ago, Tim K said: If they don’t get the money, victims go to court hoping to get liens put on whatever they can. If the settlement can’t be paid, the guilty party goes to court to see if the judgment amount can be reduced. Bankruptcy will probably be declared. If it can’t be paid, it can’t be paid. It happens pretty often. It’s fairly common people do not get the full settlement. Stating this as respectively as possible since we can’t obviously know the exact intentions, but it’s why I don’t fully understand the point here. We already know there’s no money for the Cadets to pay out. Which as you stated happens pretty often. So is it to just destroy the organization? I guess I just don’t see how that avenue creates a greater good and better future for everyone. Probably going to get blowback for stating this. Quote Link to comment Share on other sites More sharing options...
JimF-LowBari Posted January 31 Share Posted January 31 41 minutes ago, TheOneWhoKnows said: Stating this as respectively as possible since we can’t obviously know the exact intentions, but it’s why I don’t fully understand the point here. We already know there’s no money for the Cadets to pay out. Which as you stated happens pretty often. So is it to just destroy the organization? I guess I just don’t see how that avenue creates a greater good and better future for everyone. Probably going to get blowback for stating this. If nothing else it shows proof what happened and who was responsible. And the victims were not lying or blowing smoke. IOW can bring closure to the victims Quote Link to comment Share on other sites More sharing options...
KVG_DC Posted January 31 Share Posted January 31 40 minutes ago, TheOneWhoKnows said: Stating this as respectively as possible since we can’t obviously know the exact intentions, but it’s why I don’t fully understand the point here. We already know there’s no money for the Cadets to pay out. Which as you stated happens pretty often. So is it to just destroy the organization? I guess I just don’t see how that avenue creates a greater good and better future for everyone. Probably going to get blowback for stating this. The idea behind punitive damages from a legal perspective (which differ from the compensatory damages) is to send a message to others, "don't let this be you, it WILL end you." So in this case the message is to the other corps (and youth non-profits in some regard) "DTFK. Seriously. This is real business. Stop it or you'll be stopped." Whether its actually a deterrent or not... Quote Link to comment Share on other sites More sharing options...
KVG_DC Posted January 31 Share Posted January 31 6 minutes ago, JimF-LowBari said: If nothing else it shows proof what happened and who was responsible. And the victims were not lying or blowing smoke. IOW can bring closure to the victims It's a classic Theory of Justice question. What does justice look like for someone who was victimized not only by an individual's actions but a system that enabled and protected the individual who did it? Restorative justice theories would point toward listening to the victim and letting their needs for healing guide the process of what is required of perpetrators. But that's really often not an option under our laws. While legal mediation efforts are a thing, they're often re-traumatizing to the point they are not restorative. The only other options in our legal system are punitive. The closure a victim might feel from a punitive verdict and sentence may not be entirely restorative for them either. And consideration of that is a fairly 'newish' rationale for things like the death penalty and rape charges. For a very long time the victim and their family wouldn't even know the verdict or be involved in the case as the state brought the charges, not the victim. The point was the state's interest in punitive action to deter others from doing that. In this. case its a civil case so the victim is typically involved, but the dynamics of restorative v. punitive frameworks (nd other theories) are still in play largely because its how we are culturally constructing the idea of justice around the question that opens my post here. 3 Quote Link to comment Share on other sites More sharing options...
Keith Hall Posted January 31 Share Posted January 31 They probably should have moved to another state Quote Link to comment Share on other sites More sharing options...
Jimmyjames Posted January 31 Share Posted January 31 10 minutes ago, Keith Hall said: They probably should have moved to another state or maybe a certain individuals can abandon ship and the organization will finally begin to experience success. Oh wait... Quote Link to comment Share on other sites More sharing options...
Terri Schehr Posted January 31 Author Share Posted January 31 What I gleaned from the blog was that the corps won despite of someone. Not because of someone. And that’s really all I have to say. 4 Quote Link to comment Share on other sites More sharing options...
Jeff Ream Posted January 31 Share Posted January 31 2 hours ago, TheOneWhoKnows said: Stating this as respectively as possible since we can’t obviously know the exact intentions, but it’s why I don’t fully understand the point here. We already know there’s no money for the Cadets to pay out. Which as you stated happens pretty often. So is it to just destroy the organization? I guess I just don’t see how that avenue creates a greater good and better future for everyone. Probably going to get blowback for stating this. it depends on the victims mindset and motivations. it could be they just feel they should be financially compensated for all they went through. it could be revenge. maybe it's going all out to finally get the activity to pull its head out of its ###. only the victim and their attorneys can say what the motivation is. Quote Link to comment Share on other sites More sharing options...
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