Thank you!
Question regarding Mr. Silver’s filing, specifically this part:
Can we assume those 38,000 additional pages of content resulted from the subpoenas to LK herself?
Do we know if she willingly turned them over? Or were they ferreted out by Deininger as a result of LK basically giving him the finger and telling him to find her postings himself?
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Yes. They will try to find any way they can to claim the policy does not cover this. Since we don’t know what is in the policy, we don’t know what they could base it on.
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I do not believe so. I did work in the court system there while they made the transition from paper filing to eCourts, so if there are dates posted for filings/hearings, they are generally posted in the case jacket. Attorneys will receive notice of the dates or other messages from the court through eCourts when they are entered by the court clerks.
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I imagine they might be from direct subpoena of the SM provider themself. YT, FB, Twitter etc…
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Intentional act, in insurance policies, in my state refers to an act that a reasonable person could have anticipated the occurrence of.
If you sue a bar because you fell down drunk and shattered a glass which lacerated your face, you could reasonably expect that to happen in an environment where patrons are expected to be intoxicated. However if another patron assaults you, that’s not an intentional act by that definition.
In other words, even if the insured is acting in an intentional manner, if they did not expect the degree or severity of your alleged injury then that is not an “intentional act” by the case law, at least not here.
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Thanks, that was going to be my next question - whether Deininger was able to procure them via subpoena to the service providers.
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To clarify, it’s fine to include some quoted material…we’re just trying to avoid the posts with a bunch of nested quotes that require a lot of scrolling and don’t add much to the point being made in the new post.
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Thanks for the clarification!
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Thank you very much. I appreciate your insight.
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I think it’s important to note: it’s Mr Silver, and SGF referencing those 38,000 posts. I’m not sure we know if that includes anything Mr Deininger has procured for Michael.
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Interesting all around. Question. If Lauren could appear for mediation, why suddenly not appear for deposition?
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Mediation was probably through zoom. It does not have to be on the record and so the intricacies are not as hard to accommodate. One side talks to the mediator at a time and they go back and forth between them. The parties usually aren’t in the same room normally.
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What about the Krol hearing that was originally scheduled for the end of August. She said on YouTube multiple times that she was going to attend and give a “victim impact statement.”
Why is Covid not a concern for that proceeding, in Judge Taylor’s courtroom, but IS a concern when it comes to a deposition… a legal proceeding during which Judge Taylor and Schellhorn won’t be there to prevent anyone from asking her tough questions?
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Right. I had assumed (perhaps wrongly) that Deininger has procured them as part of his case - and then shared them with Silver. Or is that not allowed to be done? Would Silver have to go through the same machinations as Deininger to obtain evidence? And vice-versa?
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Sure, they could share it. And, through discovery, they will share it. I was just throwing out there that we don’t really know who has dug up what, yet.
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Can I point out….if the lawyers representing SGF are indeed insurance provided attorneys….then that means they are high power attorneys funded by deep pockets. Not an easy combination to go up against.
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But I thought MB held the majority interest in the LLC? Why do you think the elderly couple does? Where on earth did you get that?? Is that what you were told? You need to stop making things up in your head and this whole settlement thing. SGF isn’t going to settle if they have no liability. People don’t just settle because they don’t want to go to court. They only settle because it will save time and expense if they probably do have some liability. And even in a judgement against SGF, the insurance company wouldn’t pay out a dime if their policy didn’t cover the judgement liability. Get a grip!
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I think Mr. Silver’s filing makes it clear - she isn’t worried about Covid, she simply doesn’t want to appear in person for the deposition. Sounds to me as though she doesn’t think she can emotionally or mentally handle being in a conference room with Mr. Deininger and Mr. Silver while they drill down on things, and no one to protect her but the dubious Mr. Nagel. What happened to Ms. Badass? 
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Could the legal peeps weigh in on the duty and breach of duty here?
If you were LK’s attorney’s, what would you claim SGF’s duty to her was, and what would you claim was the breach of duty? Did SCF actually have a duty to her? If she was injured when someone drove a tractor by the indoor, her horse spooked and she fell, okay; SCF had a duty to provide a safe riding environment and to not create avoidable hazards (not driving a tractor by the indoor when someone was riding.) If she was injured by an SCF employee with a long history of assault and battery, okay, I get it - their duty was to provide a safe environment and they breached it by not doing criminal background checks.
But I’m not seeing anything nearly that clear cut here.
I’m thinking that will be a pretty high bar.
And then they’d have to consider her comparative negligence in refusing to leave when asked.
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