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Anthony Lubrano, any thoughts on what to expect on Monday?

BobPSU92

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May 6, 2015
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Anthony, files will be unsealed on Monday. Any thoughts on what we can expect, good, bad, or indifferent? In asking my question, I am focused more on actual content, not on media/social media hysteria.

Thanks in advance.
 
Anthony, files will be unsealed on Monday. Any thoughts on what we can expect, good, bad, or indifferent? In asking my question, I am focused more on actual content, not on media/social media hysteria.

Thanks in advance.
You will see statements from an insurance company asking why they should pay for the 1970's settlements when the story of the "victims" are fishy at best and no proof exists they ever spoke to anyone at PSU let alone Joe.
 
You will see statements from an insurance company asking why they should pay for the 1970's settlements when the story of the "victims" are fishy at best and no proof exists they ever spoke to anyone at PSU let alone Joe.

Yeah, I'm just curious to hear Anthony's thoughts. I haven't seen him post in a few days.
 
I'm still trying to figure out if the insurance company is going to say these claims are bogus we shouldn't be liable, or they say they have merit
 
I'm still trying to figure out if the insurance company is going to say these claims are bogus we shouldn't be liable, or they say they have merit
Perhaps someone can address the following. Typically when one has an insurance policy, and they are sued or there is a claim against them, the insurer handles the defense and any negotiation from A-Z. The policyholder really has virtually no role and no voice. For example, if any of us are involved in an auto accident and we are sued by another driver, our insurer will defend the case and may enter into a settlement with the plaintiff whether we want them to or not.
So my question, in these cases that PSU settled, how is it that PSU's insurer seemingly had no role at all and now, long after the settlements, they are objecting?
 
I am an attorney and negotiate covil settlements all of the time. Many companies have control of settlement and defense. They typically pay more for this.
 
I am an attorney and negotiate covil settlements all of the time. Many companies have control of settlement and defense. They typically pay more for this.
Thanks mjh. It seems such an arrangement raises the possibility of a conflict between insurer and policyholder.
 
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You will see statements from an insurance company asking why they should pay for the 1970's settlements when the story of the "victims" are fishy at best and no proof exists they ever spoke to anyone at PSU let alone Joe.

Then the media will say, "of course that's what they are going to say, they don't want to pay for paterno's indifference, that doesn't mean they allegations aren't true." It will be spun to fit their false narrative.
 
Perhaps someone can address the following. Typically when one has an insurance policy, and they are sued or there is a claim against them, the insurer handles the defense and any negotiation from A-Z. The policyholder really has virtually no role and no voice. For example, if any of us are involved in an auto accident and we are sued by another driver, our insurer will defend the case and may enter into a settlement with the plaintiff whether we want them to or not.
So my question, in these cases that PSU settled, how is it that PSU's insurer seemingly had no role at all and now, long after the settlements, they are objecting?
A lot of what you said is relevant

These issues - and their motivations, implications,and repercussions - where discussed at great length here on this board

Those issues were also raised with the various media folks, and - maybe at importantly - with the members of the BOT (including the elected members)
Unfortunately, with precious few exceptions, NO ONE either gave a damn - or had the necessary intellect to understand the situation (and the situation was not "rocket surgery")

And so, here we find ourselves, after FOUR F$CKING YEARS of everyone sitting around with their thumbs up their asses, and with their mouths full of crap - - - dealing with yet another freight train coming down the tracks - while our car has been parked in the railroad crossing the entire time
All because nearly all of the folks "concerned with", and responsible for, the situation at PSU were either too stupid, too conflicted, too lazy, or too hypocritical (or some combination thereof)

http://bit.ly/PSUBOT
 
I'm still trying to figure out if the insurance company is going to say these claims are bogus we shouldn't be liable, or they say they have merit
Well since the how trial is about the insurance company not wanting to pay then I will say bogus.
 
Thanks mjh. It seems such an arrangement raises the possibility of a conflict between insurer and policyholder.
Although I have no idea what the specific language is in PMA's contract with PSU it's hard to believe that any liability insurer would ever form a contract of insurance which would permit an insured to negotiate a settlement using the insurer's money. Which is why I've never understood from the get-go how PSU expected to do its own negotiation with Sandusky victims and still be indemnified by PMA.
 
Which is why I've never understood from the get-go how PSU expected to do its own negotiation with Sandusky victims and still be indemnified by PMA.
Obviously, they didn't - expect to be indemnified, that is

They didn't care, not even a little bit

1 - it wasn't their money
2 - most importantly, it was MUCH, MUCH, MUCH more important to complete these "secret settlements" - that provided a dense smoke screen for the 2nd Mile, and legal protection for 2nd Mile leaders (like Lubert and Heim)

How stupid anyone (who was paying attention at all, and understands even the slightest bit about insurance indemnification) would have to be to NOT have seen this at the time is beyond me.......but, apparently 99.9% of all folks involved could not see that

Which, I guess means that I should edit "how stupid", to include "how conflicted" and "how corrupt"
The number of folks who actually care about "righteous" in this whole scenario? Probably could count them on fingers and toes
 
The facts, details and relevance of the story are totally determined by the media. People have basically become mindless sheep. Their ideas are formulated and manipulated by what the media drones into their ears and puts in front of them on the Internet. So, IMO what happens today really depends on the news cycle. Obviously the biggest story going right now which is dominating the news is the Black Lives Matter/Police story. Is this still the biggest story later today? Does the news media place stories about Penn State/Joe Paterno and Sandusky ahead of the BLM/Police stories? The BLM/Police story has been the huge story since last week. Does the media decide that this story is getting old and they need a new headline piece, or do they feel it is still grabbing the attention of the masses?? Unfortunately 90% of the public will have an opinion based solely on what the media outlets tell them by way of their narrative. If this story is buried deep below other stories such as more BLM/Police stuff or Trump/Hillary stuff, then we are OK. If this story gets elevated to headline status, then it is another sh%$-storm.
 
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I am of the understanding there was a weak or absent vetting process for many of these settlements. Did Ira Lubert simply depend on his friend Tom Kline on this? Was there any representation from the legal department at the university? It's all so murky.
 
I am of the understanding there was a weak or absent vetting process for many of these settlements. Did Ira Lubert simply depend on his friend Tom Kline on this? Was there any representation from the legal department at the university? It's all so murky.


There was no vetting or establishment of credibility. Shubin and the other crooks threw a figure out and the BoT said yes or no, but mainly yes. The BoT held off and denied some claims until it was time for Peetz and Baldwin to be deposed, leading to discovery. In an "emergency meeting" the day before the discovery, the BoT approved outrageous payments to "victims" which they previously denied to avoid being exposed.

And this was after the OG BoT bitched about "emergency meetings" being called or asked for. They turned around and did what they whined about.
 
Given the incestuous relationship between the BOT and PMA, it's difficult to imagine that this entire scenario wasn't the plan from very early on.

The university was always going to take the hit, and they knew it.

If anyone believed otherwise, they must be the folks who are still waiting for Iraqi oil to pay for the war. That check isn't coming either.
 
Given the incestuous relationship between the BOT and PMA, it's difficult to imagine that this entire scenario wasn't the plan from very early on.

The university was always going to take the hit, and they knew it.

If anyone believed otherwise, they must be the folks who are still waiting for Iraqi oil to pay for the war. That check isn't coming either.
The B&I trustees are PMA.
 
Anthony, files will be unsealed on Monday. Any thoughts on what we can expect, good, bad, or indifferent? In asking my question, I am focused more on actual content, not on media/social media hysteria.

Thanks in advance.

I don't want to speculate as I do not know what information, in addition to the names of the Individuals paid by Penn State and any identifying references, will be redacted when the files are unsealed.

In my opinion, the issues that many of you on this thread have raised regarding the settlement process are likely included in those files to be released,
 
Given the incestuous relationship between the BOT and PMA, it's difficult to imagine that this entire scenario wasn't the plan from very early on.

The university was always going to take the hit, and they knew it.

If anyone believed otherwise, they must be the folks who are still waiting for Iraqi oil to pay for the war. That check isn't coming either.
I think you are "spot" on Nitt. This has been my belief for the past year. I knew years ago that PMA had a great influence on decisions concerning The Penn State University, but only in the past year did I become aware that PMA was also the insurer of the accusers
 
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I am guessing that, at some point early on, BOT members decided it would not be good optics to treat this as an insurance matter. They probably thought that was the best long-term option. However, as we heard, long-term to them did not extend beyond @ 2014. In fact, this may be the root of where KP came up with the notion that this would all be long forgotten.
 
This is a no-win situation. If anything remotely comes out about JVP in these documents, the "media" will spin it in the worst possible light imaginable. If there is nothing in there about JVP or they completely absolve PSU/JVP of any wrong-doing, the "media" will completely ignore it.

13645258_10201895504625857_2777444541408481986_n.jpg
 
I don't want to speculate as I do not know what information, in addition to the names of the Individuals paid by Penn State and any identifying references, will be redacted when the files are unsealed.

In my opinion, the issues that many of you on this thread have raised regarding the settlement process are likely included in those files to be released,

Thanks, Anthony. Much appreciated.
 
This is a no-win situation. If anything remotely comes out about JVP in these documents, the "media" will spin it in the worst possible light imaginable. If there is nothing in there about JVP or they completely absolve PSU/JVP of any wrong-doing, the "media" will completely ignore it.

13645258_10201895504625857_2777444541408481986_n.jpg


^^^^^^^^^^^ Pretty much agree. ^^^^^^^^^^^

This is why I feel our best option is to rely on other news to be bigger. Like I said above, right now the big news story is the Black Lives Matter / Police shooting story. IMO, this story is still creating interest. It is creating ratings for TV and radio, and it is creating "clicks" for Internet sites. Unless a total bombshell comes out of today's proceedings, then I do not believe anything learned today will beat out the BLM/Police story.

Only way this story goes ahead of the BLM/Police story still dominating the news is if a total bombshell is released. At this point, I really doubt a bombshell exists on the side of trying to bash Joe & PSU.

My prediction: This story gets released and it immediately goes to the top of every news outlet. When it does not create the interest, it quickly drops and goes way below stories about BLM/Police and Hillary/Trump and Obama returning to US.
 
I am an attorney and negotiate covil settlements all of the time. Many companies have control of settlement and defense. They typically pay more for this.


Typically, and in the case of PSU, the insured has a self insured retention. Claims within the self insured retention, SIR, are handled by the insured or their representative. Once the insured is aware the value of the claim exceeds the SIR they are required to place the insurer on notice. The insured would then tender the SIR to the insurer and the Insurer typically then takes over the claim, investigation and negotiations. At that point the insurer has the right to bring in their own defense counsel. There is both a per occurrence SIR and an aggragate SIR. PSU either failed to tender the SIR to PMA or PMA failed to take over the defense and handling of the case. It is very unusual that an insured would settle claims so far in excess of the SIR and later demand indemnification.
 
^^^^^^^^^^^ Pretty much agree. ^^^^^^^^^^^

This is why I feel our best option is to rely on other news to be bigger. Like I said above, right now the big news story is the Black Lives Matter / Police shooting story. IMO, this story is still creating interest. It is creating ratings for TV and radio, and it is creating "clicks" for Internet sites. Unless a total bombshell comes out of today's proceedings, then I do not believe anything learned today will beat out the BLM/Police story.

Only way this story goes ahead of the BLM/Police story still dominating the news is if a total bombshell is released. At this point, I really doubt a bombshell exists on the side of trying to bash Joe & PSU.

My prediction: This story gets released and it immediately goes to the top of every news outlet. When it does not create the interest, it quickly drops and goes way below stories about BLM/Police and Hillary/Trump and Obama returning to US.
Maybe the saddest element of this situation:

We SHOULD be hoping that this story should be broadcast far and wide........and as loudly as possible.

Without question.

Because the "story" is this: A small Star Chamber of Scoundrels - led by Ira Lubert - decided to declare C/S/S/JVP both aware of, and liable for, Sandusky's activities......and how they used GINORMOUS sums of Penn State's $$$$$$ to silence the claimants (even those with the most ludicrous "claims") in order to buy protection for themselves and their 2nd Mile Cohorts (Heim, Raykovic, etc)



It is no one's fault but ours that THAT story is not "leading the news" (OK, in fairness, there are probably a lot of folks that share the blame......but it is certainly true that "we" have done NOTHING to bring that story to the forefront. And we are the ones who will now bitch about the "stupid" media, so we probably have the greatest obligation to have brought the true story forward)

If nothing else - we've had 9 folks sitting behind microphones for hours on end, every other month - and for YEARS (aside from A Lubrano) we haven't even seen those folks (the folks placed in a fiduciary role, and granted authority and responsibility to speak to the issues) say dick.

It has been inexcusable, bewildering, and pathetic. And it is very costly.

Personally, I am sick to the point of nausea with the "the media is stupid", "people are stupid", "the Scoundrels are bad" crap (all of which are true).....when we have folks who are SUPPOSED to be on the righteous side, sitting there with their thumbs up their asses - and we refuse to tell them to "shit or get off the pot".......when we have BOT meetings (that at one time would draw 100, 200 members of the public) that now draw a few dozen die-hards - - - largely because their own representatives have become wax figures (or worse) wrt anything that doesn't involve "JVP and 409"


If that doesn't change........nothing else is gonna' matter.

Does anyone care?
 
^^^^^^^^^^^ Pretty much agree. ^^^^^^^^^^^

This is why I feel our best option is to rely on other news to be bigger. Like I said above, right now the big news story is the Black Lives Matter / Police shooting story. IMO, this story is still creating interest. It is creating ratings for TV and radio, and it is creating "clicks" for Internet sites. Unless a total bombshell comes out of today's proceedings, then I do not believe anything learned today will beat out the BLM/Police story.

Only way this story goes ahead of the BLM/Police story still dominating the news is if a total bombshell is released. At this point, I really doubt a bombshell exists on the side of trying to bash Joe & PSU.

My prediction: This story gets released and it immediately goes to the top of every news outlet. When it does not create the interest, it quickly drops and goes way below stories about BLM/Police and Hillary/Trump and Obama returning to US.

Trump is delivering a speech @1PM, Clinton will talk in the PM and the president is en route to Dallas with Bush #43. Nothing PSU related is going to bump this into national news cycle. Since I haven't watched EsPIN, etc. since 11/11 I have no idea what they'll do with any news.
 
I don't want to speculate as I do not know what information, in addition to the names of the Individuals paid by Penn State and any identifying references, will be redacted when the files are unsealed.

In my opinion, the issues that many of you on this thread have raised regarding the settlement process are likely included in those files to be released,

Ok....so we don't know what will "be released" by others.

That being the case, why have we been waiting around since early May (when it became clear to anyone that the "release" was imminent - - - and really, for the last four years, since the "Star Chamber" was constructed) with our pants around our ankles?

Why haven't we told the F-ing story? Or at least raised the questions?

http://bit.ly/PSUBOT

Why?

WTF in the name of all that is righteous is going on here?
 
Typically, and in the case of PSU, the insured has a self insured retention. Claims within the self insured retention, SIR, are handled by the insured or their representative. Once the insured is aware the value of the claim exceeds the SIR they are required to place the insurer on notice. The insured would then tender the SIR to the insurer and the Insurer typically then takes over the claim, investigation and negotiations. At that point the insurer has the right to bring in their own defense counsel. There is both a per occurrence SIR and an aggragate SIR. PSU either failed to tender the SIR to PMA or PMA failed to take over the defense and handling of the case. It is very unusual that an insured would settle claims so far in excess of the SIR and later demand indemnification.

Why does "unusual" describe everything the corrupt OG BOT does? Judge Covey and the Commonwealth Court found it highly unusual that the BOT would so blatantly violate their Fiduciary Obligations by making large payments of PSU's money to "non-beneficial parties", etc....
 
Ok....so we don't know what will "be released" by others.

That being the case, why have we been waiting around since early May (when it became clear to anyone that the "release" was imminent - - - and really, for the last four years, since the "Star Chamber" was constructed) with our pants around our ankles?

Why haven't we told the F-ing story? Or at least raised the questions?

http://bit.ly/PSUBOT

Why?

WTF in the name of all that is righteous is going on here?
At least Jubes has been vocal and active, like he promised.

Oh. Wait.

Let's be honest: righteousness is very limited...even in the ones we effed up and trusted. Only a couple have at least kept in touch. Brown...LOL....occasionally posts the facebook equivalent of self-promoting selfies.

Almost none of these people are interested in anything but themselves. These types say anything to win elections....going all the way back to HS. It's all the same to them.
 
At least Jubes has been vocal and active, like he promised.

Oh. Wait.

Let's be honest: righteousness is very limited...even in the ones we effed up and trusted. Only a couple have at least kept in touch. Brown...LOL....occasionally posts the facebook equivalent of self-promoting selfies.

Almost none of these people are interested in anything but themselves. These types say anything to win elections....going all the way back to HS. It's all the same to them.
In fairness......next March we will hear from three folks (the three who are up for re-election :) ) for about a 60 day window - telling us about all they are doing "behind the scenes"....and posting some "409 Selfies".

Now, that being said, "it is up to us" to use those seats - that we have the power to fill - in a more productive way.
Take away A Lub....and what do we have?
 
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At least Jubes has been vocal and active, like he promised.

Oh. Wait.

Let's be honest: righteousness is very limited...even in the ones we effed up and trusted. Only a couple have at least kept in touch. Brown...LOL....occasionally posts the facebook equivalent of self-promoting selfies.

Almost none of these people are interested in anything but themselves. These types say anything to win elections....going all the way back to HS. It's all the same to them.

Lord was vocal for awhile. What happened there?
 
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In fairness......next March we will hear from three folks (the three who are up for re-election :) ) for about a 60 day window - telling us about all they are doing "behind the scenes"....and posting some "409 Selfies".

Now, that being said, "it is up to us" to use those seats - that we have the power to fill - in a more productive way.
Take away A Lub....and what do we have?

Are you going to run? I would love to see you at these meetings tearing the old guard a new one. Seriously.

Hopefully demlion will run again. Of course, it will come down to whomever PS4RS endorses, which likely will be the established trustees.
 
Lord was vocal for awhile. What happened there?
At one of the BOT meetings a while back (actually, IIRC, it was the "non-meeting" called by the elected TTEEs - but boycotted by Masser and the Scoundrels):

I spoke to the fact that having representation on the BOT was, for the alums and other folks engaged in this fiasco, like finally finding a life raft in the middle of a vast ocean. IIRC, at that time we had just reached the full nine-person contingent, though I believe the Abstinator was still one of them
After months (years?) or searching for a voice......we finally had a group in place, with standing, to speak up for the righteous against the Scoundrels. I meant every one of those words - in full 100% sincerity.

Aside from the "JVP/409/FreehReport" stuff.......that voice has been essentially silent for far too long.

Something has gone horribly wrong - and we need to fix it before it is too late.
 
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