In a message dated 2/20/2007 10:06:22 P.M. Eastern Standard Time, Falkrigia@xxxxxxx writes: In a message dated 2/20/2007 8:36:57 PM Eastern Standard Time, pmick12@xxxxxxxxxxx writes: > Any respectable court would > laugh in the face of anyone bringing suit because he or she didn't get > enough votes...so long as an applicant is not refused because of his or > her sex, sexual orientation, race, or religion, there is no grounds for > a law suit. So, let him bring it...you Board people need to know, > AGAIN, that you are covered. Ok, lets' look at a couple of things here......... I want Hunte out also but I think we need to have some understanding of what some of these people may be struggling with that we are not having to face. 1. Assume that all of the people decide that they don't want to be labelled cowards and they all vote to kick Hunte out (which is what we all want in reality). 2. Assume that Hunte gets miffed about this and files suit.......Anyone can file a suit about anything.........and unfortunantly, they can actually win. Look at some of the recent court decisions in favor of the most ridiculous things. It is impossible to know what will happen once you enter a court of law. 3. Assume Hunte doesn't win but puts up a good fight. He has the money to fight long and hard. Most liability insurances have limits/ Let's assume for a minute that he sues the club and each director. What if the fees and costs associated with defending this suit outreach the amount of insurance for such an accurence? Who loses what personally to pay for this? 4. Let's assume he wins.....as unlikely as you may feel this is, are you willing to guarantee these BOD members that they will not lose their homes, their savings, their retirements, their childrens' college funds because of some off-the-wall judicial decision? Would there be enough funds to appeal such a decision? 5. How many of us who want to see Hunte out of this club would be willing to risk everything we personally have to see that happen? That's what we are telling them to do. Run the risk...............take the chance.......live on that edge. 6. maybe instead of branding them all cowards if they are fearful of personal losses that could be substantial in a quirk of judicial nonsense, why not share some of the burden? How many of us who feel that Hunte has to go would be willing to back that with a public, personal pledge to pay.....say, $1000.00 of our own personal money to help reimburse these BOD for any personal losses they suffer? There are apparently a lot of people who agree he needs to go and they all agree that these people have a moral responsibility to take the high road on this regardless of the cost. Fine, then lets' put our money at risk as well. If there are a thousand people on this list who want to see Hunte go, then there should be a thousand people willing to publicly commit to put $1000.00 each into the deal if we get sued and the insurance doesn't cover whatever personal losses are sustained in the fray by the BOD. We're demanding that they lay it all on the line on the assumption that they can't lose anything. What if we're wrong? It's not just their fight. It's ours also. This is being thrown out for reflection and discussion. If someone wants to take up this idea and go with, I'll publicly commit to it first. Does anyone know what the limits of our liability insurance are for a situation like this? Typically it's not more than a million dollars total on the high end. I am not advocating that we keep him in this club. I'm just saying we need to have an understanding of the fears and concerns our BOD may be dealing with if, as you say, some are preferring not to participate because of fear of reprisal. So, let's offer some real, tangible support. These people are volunteers, don't forget, and this is definitely a trying time for each and every one of them I'm sure lynda Lynda, thank you. This is exactly what I have been saying for weeks. Months even. It's so damned easy to have an opinion when "you" have nothing to loose, nothing at risk. And, no offense, but I don't go to a show dog list for legal opinions and no matter how often, how loudly, or how passionately you say something Peggy, it doesn't get any "truer". You may even find it interesting to know that some have done their own homework and received very different advice. Wonder of wonders. All you have to do is turn on the news today and see 1/2 a dozen lawyers with 2 dozen different opinions. Swell. BTW, the PC currently has $1,000,000 of D & O insurance. (Dan found more at a better price and that's in the works.) And for the ump-teenth time, that kind of liability insurance is NOT guaranteed renewable. WE DON'T WANT TO HAVE TO USE IT. I think the concerns facing our BOD are legitimate. I think we are dealing with an individual who has the means to capitalize on the mistakes made in the bylaws, our procedures and probably even some things I haven't thought of, and I am very defiantly nervous about it. Kathy member GSDCA, DVGSDC three generations of Dual Titled TC'd Champions live here! visit _Pine Hill German Shepherd Dogs_ (http://www.geocities.com/pinehillgsds/) <BR><BR><BR>**************************************<BR> Check out free AOL at http://free.aol.com/thenewaol/index.adp. Most comprehensive set of free safety and security tools, millions of free high-quality videos from across the web, free AOL Mail and much more. ============================================================================ POST is Copyrighted 2007. All material remains the property of the original author and of GSD Communication, Inc. 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