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Equitas suit...a wash.

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Re: Equitas suit...a wash.

Post by bigrex on Wed 03 Jun 2015, 16:54

I agree that it could be a long process, but I don't agree that the courts are powerless to effect change. Actually, the courts could say that changing the disability compensation package, after a person has already joined the military, could constitute a breach of trust. I know when I joined, it was with the understanding that, if injured, I would be compensated for life. So they may not be able to throw out the NVC altogether, only impose it on those who chose to join after 2006. If that is the case, then it could also be negotiated that the appropriate pension would be on a go forward basis. Or if they decide to simply increase the Lump Sum, it will likely done by a percentage, like 10-15%. Since the average lump sum award was only around $40000, an additional $4000-$6000 on average isn't going to break the bank.

And just because you say that it cannot be won, doesn't mean that it's true. after all, if I remember correctly, you also said that we would lose the SISIP lawsuit.
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Re: Equitas suit...a wash.

Post by Guest on Wed 03 Jun 2015, 11:53

As well the goc offered to talk only because of the federal election...once it's done what do they care if crap drags on after the fact....equitas will be a long time in courts.

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Re: Equitas suit...a wash.

Post by Guest on Wed 03 Jun 2015, 11:49

Rex, outside negotiating? Without the goc having anything like a judgment? Just tells me that 1. Equitas sees an out and takes it. 2. The goc and o'toole can listen all they like, yet can say no to it all. And the only thing they have to worry about is the firm coming back after them in a year to only lose what equitas can gain...that the courts order the goc to change aspects but have no say in the aspects. Really the goc wins and wins here. And I think this is why the firm is getting out while they can IMO. As for the lump sum...I b3lei3ve it's in the thousands now that have received lump sums...I cannot see the GOC coming out and saying "here veterans here's an extra $75,000-$100,000 cause we feel we rooked all of you....that's not going to happen...even though vac gave back the billion dollar surplus.

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Re: Equitas suit...a wash.

Post by bigrex on Wed 03 Jun 2015, 10:52

Supreme, I do not think that the lawsuit was useless, or else the courts would not have let it proceed as far as it has. At first I thought that the introduction of the CIB, may be the cause of the delay, but it might because the ombudsmen status report indicated that the GoC is reviewing the lump sum amounts, and is trying to give them the opportunity to do the right thing (that last minute announcement before the election), and the time to implement it after the election. I too am doubtful of how successful the delay will be, especially since some are saying that once the HoC is dismissed fro the election, they may not reconvene until April. That doesn't give the new Government much time to get the job done. I think they should have kept the lawsuit active, because they probably wouldn't even had the hearing before next summer anyways, and the pressure would have still been on theGoC to make preemptive changes, to avoid a full trial, and establishing the case law. But now, instead of being proactive, and forcing change, they have become reactive, pinning all their hope on the GoC making the required changes on their own.
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Equitas suit...a wash.

Post by Ex Member on Tue 02 Jun 2015, 23:25

Received a letter from Miller/Thomson. More or less explaining why they placed the lawsuit on hold. I cannot wrap m head around why they're quitting. Do they really believe the GOC will "work with" The lead plaintiffs and the lawyers? As far as I am concerned the case was given up and the last ditch effort was negotiatiating. There is no law or written agreements to my knowledge with regards to the goc actually listening or for that matter implementing any changes the equitas suit reps or lawyers will bring forward. There is judgment telling the goc to change anything as the courts could not make them change specific items. Only that the ones they have are unconstitutional. So more or less the equitas suit is dead. They are done and will not be fighting something that won't successfully change something that has no real renumerational value as well. Because how would judgment be given if there is zero case law as well as jurisprudence in past cases. Damages for what? A case that holds no water...the lawyers know this and this was they're chance to bail before curling they're tail between there legs. Pro Bono. This case IMO was a wash from the get go. Bye Equitas. Your done...who's up next to file an action? If you or anyone you know plans on filing suit....do not look for volunteer counsel or pro Bono. Do like another case...like sisip. Hire a blood sucker with fangs that want to bit the GOC. And thats my opinion.

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Re: Equitas suit...a wash.

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