Judge lifts stay on 7 abuse cases against Albany diocese

CV News Feed // A federal judge in Albany ruled March 12 that seven child sexual abuse lawsuits against the Diocese of Albany can proceed to trial, marking a significant step forward in settling cases that had been stalled due to the diocese’s bankruptcy proceedings.

The ruling by U.S. Bankruptcy Judge Robert E. Littlefield Jr. follows months of mediation efforts that have failed to produce a settlement between the diocese, its insurers, and the attorneys representing hundreds of survivors, according to a report from The Times Union

“It is getting somewhat frustrating that all I’m doing is approving [professional] fees. I’m not approving anything of substance,” Littlefield remarked during a hearing in January, according to the outlet. “We’re just languishing on the sidelines. We need to jump-start the process, or the case is heading to failure.”

New York’s Child Victims Act and the state’s Adult Survivors Act temporarily lifted the statute of limitations for two-year periods, beginning in 2019 and 2022, respectively. This allowed survivors to file lawsuits against individuals and institutions accused of enabling abuse.

Cynthia S. LaFave, an attorney representing 190 plaintiffs in cases against the Albany diocese, emphasized the urgency of settling the Albany cases. 

“The worst days that we live through are the days when we hear that one of the survivors that we represent has died, and that has happened so many times over the period of time since the Child Victims Act went into effect,” LaFave told the Times Union. “And now we feel that finally, some of these survivors’ voices will be heard and they will be able to go back to [the state] Supreme Court and have their stories told.”

The ruling faced opposition from insurance companies, which argued that mediation was still progressing and that lifting the stay would not expedite a resolution. In response, attorney Jeff Anderson, who represents multiple survivors, argued that real progress would only come through legal action. 

According to Anderson, cases with insurance companies and “wrongdoers, namely, the diocese,” can only be settled with trials and pressure.

“The only thing that brings heat is the trial of cases before juries in the community to expose the wrongdoing, to expose the insurance companies and their intransigence,” Anderson said. 

He added, “We’re really grateful that the judge has finally realized … the excruciating pain, excruciating damage done to these survivors by these ongoing delays that include more suffering, aggravated suffering, and in many cases, untimely deaths.”

The Albany diocese responded to the ruling in a statement, saying that while it “respects the court’s decision,” it does not believe the move will “effectively aid in the mediation process to provide the greatest relief to the greatest number of claimants.” 

“The diocese continues to believe in and advocate for the good faith participation of all parties in the mediation process. We believe that’s the best path to come up with a plan to provide compensation to all survivors,” the statement added. “We pray that today’s ruling is in the best interest of the survivors as they move forward in their healing process.”

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