Again, FJ....The class case does not deal with allegations of abuse or negligence leading to abuse soley, because it would involve "similarily situated
famillies" and many class attorneys and Judges find that area difficult to class. Although one could determine as has been done, that the similarites out weigh the differences with reference to negligence and abuse, that is more difficult to class; not for merit, but because the experiences would have to be similar. To my knowledge only one federal case has followed that the "similarities" out weighed the differences, so it was allowed. Many neglect leading abuse cases are settled out before going to court or even filed before the court, as were some of the situations that occured at HLA according to families.
ORS.
What you are referring to comes under the jurisdiction of the ORS in the State of Georgia or private suits. Frequently, when one has "enmass"
greivances relating to negligence, abuse, human rights, the only way to solve them is through these agencies, which was done. Families are free to file private suits, but these types may never get to court. Elliot Spitzer
did only because he was the Attorney General Of NY and could. The families went to him. Each state operates different. In this case Att. General of Georgia and the Governor were contacted way prior to the class, separately,
thus ORS. Charges could not be filed with the ATT. General Of Georgia against ORS, because the Attorney Generals Office stated that they are
there as 'counsel' for the ORS. However, they could help move the
process along.
Also, if you read the class suit, there is a "stay of discovery", therefore
no details of what has beeen found before the stay or after, are allowed
out.
The CPS report is available, along with
the ORS report, if you wish to investigate further, all you need to do is
file an "Open Records Request" with the ORS, Keith Bostick.
Filings with the ORS have been going on for years regarding HLA. They finaly stepped up to the plate.
And, yes, I have seen evidence that this has been going on for years, between the ORS and QUIRK and QUIRK , representing Mr. Buccellato,in the fight to keep HLA from
being regulated as a TBS school, which HLA has been advertising for it's entire life.
It is apparent that you are not in disagreement with the filing of the class
suit, but with ORS. You need to get up to speed and read the reports.
Also, Berger and Montague would never compromise themselves, never have undertaken this case,( as it not a 'money' case for them or anyone else for that matter) without collaborating the evidence prior to filing this
'Class'. Simply, it was the "right" thing to do and only could be done on
a "class" wide basis. Could negligence, abuse be cited, yes, but that would make the case even more difficult to class, because of differences
ONLY, not on merit. Berger and Montague have 450 million dollar settlement cases, they did not need this case. They are known world-wide. You will also notice, they have not gone to the media, nor has any one of the plaintiffs. Berger and Montague does not need the exposure
and simply took the case out of compassion for these families and those that come after, because
it was the "right" thing to do. Positive changes have already been made at HLA for the good of all concerned.
