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Rob Boudrie

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    Rob Boudrie

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  1. https://attorneyinfo.aoc.arkansas.gov/info/Attorney/Attorney_Search_Detail.aspx?ID=7818fb02-e23c-47d7-8a5e-636df884f0e6
  2. There has been a decision by the USPSA leadership to carefully curate what members hear. There has been nothing in Front Sight or online communications about the CO issue; member suspensions; termination of relations with an advertiser / sponsor; the fact that USPSA settled a suit by an employee without admitting wrongdoing; or massive negative cash flow. Instead we get puff pieces of drivel and a letter to the editor complaining about members being impolite to USPSA staff - not decisive reaction to a staff member calling USPSA members dickheads. I understand that a member was prohibited from live streaming the member's meeting at the nationals, and USPSA declared that recording the meeting was prohibited.
  3. Writ of Mandamus I somewhat disagree. When there is a software bug in a product, the root cause is always deciding to build the product. I believe the root cause was not the goof in venue selection, but the board, president's, DNROI, and Director of Media and Event response when it was brought to their attention. One legally and ethically correct decision could have very significantly limited damage: (a) Announce that rule 3.3.1 would be applied as written or (b) Immediately reschedule to another venue that did not prevent the complication Had either of these steps been taken there would have been a big "oops", the "It was like that when I got here" defense could have been offered (since the contract was apparently signed by the former president and finance manager), and there would have been no controversy, member suspensions, or litigation. Effective leadership is about doing the right thing at the right time. We would never have learned USPSA settled a sexual harassment suit with a former employee, nor would we have learned the author of the gun reviews in Front Sight was running a private business selling review guns he almost certainly got at a discount from the manufactuter. Whether not USPSA leadership acted in the best interests of the members and organization is left as an exercise to the interested reader. I am not fully cognizant as to the legal import, but the "String Rutowski up" email comment, "You may not have a representative or attorney present at your suspension hearing", and "we will not respond to any further communication" is unlikely to impress a court.
  4. An argument can be made that taking action against a member for truthfully pointing out that the organization is suborning violation of law, and not proactively warning members of such, is against public policy. About the $25k - different courts handle "small dollar" cases, and the court in which a case is heard depends on the dollar mount requested. This is probably why the amount is simply listed as "In excess of $25k", and it prevents bouncing it down to a lower court. As to the amount of pain worth $25K - subjective and hard to judge. But note that the pleading also requests punitive damages. The only statement USPSA can reasonably make is either "we cannot comment on pending litigation" or "We deny the claims and cannot comment on ongoing litigation". The real question is "Will USPSA even mention the existence of the suit in any official communication to the members?
  5. I read it to refer to the mention of suspension for revealing the "ignore the law" position of the board as being contrary to public policy. But what you or I think is irrelevant - only the court gets a vote, and I have seen some court decisions that require considerable analytical strain (with due credit to Judge Woodlock of the 1st Circuit for the expression)
  6. There is, but you have to read the claims carefully and understand the terms: "Public Policy" is a legal term with a specific meaning. In this case, the plaintiff alleges that penalizing someone for disclosing wrongdoing on the part of an organization is contrary to "Public Policy" and therefore actionable. The plaintiff is arguing that taking action against him for truthfully disclosing the organization advocating breaking of the law is "against public policy" and therefore invalid. Decisions, contractual terms and policies enacted by organizations that are against public policy can be voided by the court.
  7. The spoliation letter from Rutowski was sent out months ago (and is one of the attachments in the filing). The problem with that is that the board thinks it is acting in the best interests of USPSA.
  8. Since the grandfathering requires "personal possession" prior to the ban and the CO law went into effect July 1, 2013, good luck to the 21 year old shooter who claims he stockpiled mags when he was 11. It would be easy to prove that not every competitor (i.e., not "all competitors") could legally possess high cap mags at the match, thus making 3.3.1 applicable. Another example - a crime involving guns or ammo for which any jail time can possibly be imposed (even small misdemeanors nobody ever gets time for typically have a maximum time on the books) is a lifetime ban on possession of guns, ammo or high cap mags in the Democratik People's Republik of Massachusetts.
  9. The big reason is DNROI declared it a stupid rule that should be removed from the rulebook. The USPSA president ruled that it did not apply because "some" competitors could bring high caps. USPSA long ago concluded that if people could legally buy high mags on the secondary market, it did not trigger 3.3.1. The CO exemption only applies to magazines personally owned and possessed before the CO ban was passed. The USPSA logic quickly because "how would they ever prove it" rather than "is it or is it not illegal according to the law?". The amount has to reach a certain threshold, otherwise the case is heard by a lower level court. This is why "In excess of $25,000" is used rather than a specific amount.
  10. If the defense is provided by general or D&O insurance, it is the insurance company that makes the decision to accept a settlement offer or go to trial. I know that applies to $$, but don't know if the insurer can compel USPSA to admit wrongdoing to settle without a confidentiality clause.
  11. There is one small problem with that. Out of court settlements generally have two requirements imposed by the paying party: - Terms are confidential - No admission of wrongdoing on the part of the paying party I do not expect Joe Rutowski to acquiesce to either of these terms.
  12. The "short form" is that Joe Rutowski was suspended for online speech that USPSA determined "cross the line" and would not be tolerated by the board, and for making an inquiry to the CO AG. (Yup, contacting LE about a legal issue was partial grounds for suspension). "This is not going to play well in court as it clearly indicates disreputable behavior by the organizarion." Funny thing - the basis of the suspension was "bringing USPSA into disrepute". Apparently telling the truth is not a defense to this charge. USPSA tried to dodge the CO mag ban issue, offered totally bogus legal opinions, and determined that rule 3.3.1 (written by myself over a decade over to cover this situation) did not apply because "some" competitors were grandfathered. (read 3.3.1 and draw your own conclusion). SVI/Infinity told USPSA it would withdraw its sponsorship of the CO match as long as USPSA continued to suborn violations of gun law since, as a federally licensed manufacturer, Infinity refuses to engage in or associate with illegal activity. Director of Media and Events responded with "OK, Infinity is banned from all future advertising and will never be allowed to sponsor a USPSA run match". The board chose to stand by Jake rather than intervene in this. The attention brought by the issue led to the disclosure that USPSA has been sued for sexual harassment by office manager Kim Williams and a settlement paid (presumably by USPSA's insurance carrier). There is more .... much more .... none of it good.
  13. Is ibijiheads in business and shipping bullets? They do not respond to queries submitted via their on-line form, and calls to their voicemail go to a voicemail system that states the mailbox is full and unable to take additional messages.
  14. An incredibly talented individual and great USPSA president who spelled his name "Voigt" (no "H")
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