Author Topic: Pence v. Aspen Education Group, Inc. (Read 6370 times)

Whooter · « **Reply #15 on:** September 25, 2009, 06:27:03 PM »

Quote from: "Ursus"

Does anyone know how this case turned out?

As I mentioned previously, probably in one of the several other threads discussing this case, I was unable to find any further mention of it despite extensive searching. The case as it stands right now, i.e., what has been posted above in the OP, is a summary judgment requested by both parties in the hopes of foregoing a jury trial.

The judge ruled on two of the five claims. The remaining three (which include the HIPAA issues as well as punitive damages sought) are assumed to continue to a jury trial.

It's possible that this case is stashed in one of those pay-per-view or subscriber archives such as WestLaw. It's also possible that it hasn't come to trial yet. And it's also possible that Aspen may have offered some kind of settlement to prevent said damning issues from seeing any more light of day.

You left out the most probable which is the family was seeing they had no case and bailed out hoping Aspen wouldnt counter sue or under threat of counter suit. Their son already confessed to the police on site and is in jail so it would be tough to sue a place which would have helped their son.

RMA Survivor · « **Reply #16 on:** September 25, 2009, 06:45:51 PM »

More than likely what happened is the lawyer for North Star asked for summary judgment on the claims that were addressed, knowing he/she might be able to argue that they are devoid of legal foundation. Whereas the rest of the case is probably on-going and could take a long time to come about. Civil cases can run in to many years, which is a tactic often used by the defense in order to make the plaintiff have to continue to pay attorney fees.

The case may have settled, but the family may also not have wanted to in order to get it on the record that this prison camp is not a treatment center. Costs might not be a serious issue for them as many families who send their kids to these places are upper middle class to upper class. But either way, it is clear the information we have received so far does not tell us the case is over, only what has been ruled upon to date. I say we should just be patient, I am sure more information will be forthcoming.

Whooter · « **Reply #17 on:** September 25, 2009, 07:20:44 PM »

Reading the case to date it doesnt look too good for the Pences, not very encouraging

RMA Survivor · « **Reply #18 on:** September 25, 2009, 08:16:49 PM »

Clearly they have a case or the other items would have been placed in Summary Judgment as well. And because they were not, and because there were clear disputes, those items could not be quickly ruled upon. However statements from Aspen Group attorneys may have set a solid precedent that will impact the rest of the case. And may eventually set a precedent for future cases.

Troll Control · « **Reply #19 on:** September 27, 2009, 10:24:39 AM »

Exactly, there is a lot of wrongdoing here. A summary judgment on 2 of 5 issues is hardly a "win" or a "clean slate" or "proof Aspen provides licensed therapists" - Aspen should be facing criminal charges for their actions. Getting sued is getting off light.

Whooter · « **Reply #20 on:** September 27, 2009, 10:30:40 AM »

The US District Court Disagrees with you:

Take a look

So all parties agreed that Aspen Education group provided a licensed therapist for Matthew Pence during his stay at NorthStar.

The parties seem to agree that ...... one member of Matthew Pence's "treatment team" was a licenced therapist.

What was Matthews lawyer thinking going to trial? They got killed on this one.

Troll Control · « **Reply #21 on:** September 27, 2009, 10:47:28 AM »

Quote from: "Guest"

Exactly, there is a lot of wrongdoing here. A summary judgment on 2 of 5 issues is hardly a "win" or a "clean slate" or "proof Aspen provides licensed therapists" - Aspen should be facing criminal charges for their actions. Getting sued is getting off light.

Yes, practicing therapy without a license as Aspen programs do is a criminal matter.

Whooter · « **Reply #22 on:** September 27, 2009, 12:40:02 PM »

Great thread!! An interesting side point to all of this is that it was always thought here by many posters that kids couldn’t get out of a program once they were placed there and now we see that if a kid really wants to leave then all they have to do is break a few of the rules and they will be sent home.

Many here also thought jail was a better alternative to a program but if this were true then all the kids would follow Matthews lead and start breaking into the offices at night.

It’s good to see many of these myths finally being exposed. The kids in these programs are actually speaking up for themselves by staying and doing the work. I am sure Matthew feels by now that he shot himself in the foot.

RMA Survivor · « **Reply #23 on:** September 27, 2009, 02:30:36 PM »

Who are these "Many" you keep referring to?

I don't know of too many students who would have broken the law and go to jail or juvenile hall than stay. Just because a program is abusive and offering no real therapy or treatment, does not mean a teen would prefer to be locked up. What a valueless argument.

If a student could break a minor rule and go home, that would be worthwhile. Students run away all the time and are dragged back against their will. Hence the reason a number of people who post here consider these prison camps. And I have never heard of student peaking in to a dorm room and going to jail, or having police even called. There was statutory rape going on at some of these places and police were never called for those instances. And student-on-student violence as well, but again no police. This was not a common incident obviously. More likely Aspen couldn't control Matthew because his treatment and therapy was performed by untrained, unlicensed staff who were not capable of offering him direction and a source of inspiration.

Modern juvenile halls and jails are very scary places. Why leave one frightening environment for another? A pathetic argument. Try harder next time.

Whooter · « **Reply #24 on:** September 27, 2009, 03:09:46 PM »

Quote from: "RMA Survivor"

I don't know of too many students who would have broken the law and go to jail or juvenile hall than stay. Just because a program is abusive and offering no real therapy or treatment, does not mean a teen would prefer to be locked up. What a valueless argument.

No I haven’t either, but there was a discussion awhile back where posters here thought kids would prefer jail over a program. Arguing that at least in jail they could sit back and watch HBO and not be forced into group therapy.
This shows that not to be true.

Quote

If a student could break a minor rule and go home, that would be worthwhile. Students run away all the time and are dragged back against their will. Hence the reason a number of people who post here consider these prison camps.

The programs that I am familiar with will send you home if you break the rules or try to run away (more than once). Some give you a warning first but if you continue to break rules your out. I believe the programs of the past would just hold a kid no matter what the kid did. Its not that way anymore and judging from the number of kids getting kicked out or sent to jail the program seems to be the better choice for them.

Whooter · « **Reply #25 on:** September 27, 2009, 05:50:30 PM »

Seems we agree that programs are a much better alternative to jail or juvy even if they lack any type of treatment. This sentiment has changed due to the softening of the industry over the years. A kid in programs 15 -20 years ago would chose jail over the program in a heart beat.

Anonymous · « **Reply #26 on:** September 27, 2009, 05:59:28 PM »

Quote from: "John D reuben"

Seems we agree that programs are a much better alternative to jail or juvy even if they lack any type of treatment. This sentiment has changed due to the softening of the industry over the years. A kid in programs 15 -20 years ago would chose jail over the program in a heart beat.

Youre absurd, John. From misrepresenting the contents of the lawsuit which are plain to anyone who can read, to killing your son. AEG’s legal position is that Northstar is in no way a treatment center for mental or drug disorders(as can construed in any legal sense), that it’s program of phases and confessions is not therapeutic(in any legal sense of the word), and you killed you son. Case closed.

Whooter · « **Reply #27 on:** September 27, 2009, 06:30:30 PM »

Quote from: "Guest"

Quote from: "John D reuben"
Seems we agree that programs are a much better alternative to jail or juvy even if they lack any type of treatment. This sentiment has changed due to the softening of the industry over the years. A kid in programs 15 -20 years ago would chose jail over the program in a heart beat.

Youre absurd, John. From misrepresenting the contents of the lawsuit which are plain to anyone who can read, to killing your son. AEG’s legal position is that Northstar is in no way a treatment center for mental or drug disorders(as can construed in any legal sense), that it’s program of phases and confessions is not therapeutic(in any legal sense of the word), and you killed you son. Case closed.

Well , you could be right, but I didnt see any bases for your argument so I must dismiss it. But lets take a look at the court case again:

Darn, The US District Court Disagrees with you again:

Take a look

So all parties agreed that Aspen Education group provided a licensed therapist for Matthew Pence during his stay at NorthStar.

The parties seem to agree that ...... one member of Matthew Pence's "treatment team" was a licenced therapist.

What was Matthews lawyer thinking going to trial? They got killed on this one.

Troll Control · « **Reply #28 on:** September 27, 2009, 06:55:33 PM »

Quote from: "Guest"

Exactly, there is a lot of wrongdoing here. A summary judgment on 2 of 5 issues is hardly a "win" or a "clean slate" or "proof Aspen provides licensed therapists" - Aspen should be facing criminal charges for their actions. Getting sued is getting off light.

Great point!! What was proved is that Aspen provides no therapy by licensed providers and uses unlicensed people off the street to conduct "therapy groups" and "individual counseling" which is highly illegal.

Anonymous · « **Reply #29 on:** September 27, 2009, 07:20:13 PM »

Quote from: "Guest"

Darn, The US District Court Disagrees with you again:

Take a look

So all parties agreed that Aspen Education group provided a licensed therapist for Matthew Pence during his stay at NorthStar.

The parties seem to agree that ...... one member of Matthew Pence's "treatment team" was a licenced therapist.

What was Matthews lawyer thinking going to trial? They got killed on this one.

Where do you read that "they got killed on this one," Whooter?

Claims still continued to trial:

III. Third Claim - Negligent Provision of Mental Health Tx
IV. Fourth Claim - Breach of Confidential Relationship
V. Fifth Claim - Punitive Damages[/list]

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