New Jersey law provides legal recourse to victims nationwide

[RememberSchiff]

People who were allegedly molested by scoutmasters or other volunteers when they were Boy Scouts in Massachusetts may have an opportunity to sue the Boy Scouts of America, under a recent law enacted in New Jersey, where the organization was based between 1954 and 1978.

The new law, similar to one recently passed in New York, allows for time-restricted windows of opportunity to seek justice regardless of current statutes of limitation restrictions.

Similar legislation has been passed or is pending in California and Pennsylvania. The New Jersey law provides victims nationwide who were sexually abused during the 25 years the BSA was headquartered in New Brunswick, New Jersey, an opportunity to sue under a two-year window that begins Dec. 1.

Michael T. Pfau, a Boston College graduate and a Seattle-based sexual abuse attorney who represents 200 Boy Scouts cases nationally, is working with New Jersey attorney Jay Mascolo, to bring cases under New Jersey’s new statute-of-limitations window.

“We intend to hold the Boy Scouts accountable under this New Jersey law because the organization knew for decades while its headquarters was based in New Jersey that thousands of Scout leaders had used the position to groom and sexually abuse children. The Boy Scouts not only failed to implement adequate policies and procedures to protect young children, but it actively swept egregious sexual abuse under the rug,” Pfau said in a statement last week.

More at source

https://www.telegram.com/news/20191008/new-jersey-law-may-offer-worcester-area-boy-scout-abuse-victims-hope

@NJCubScouter

[ParkMan]

I wonder when the lawyers will realize that as the BSA is non-profit, member funded organization, the people that will be the most impacted by this are the countless 6-18 year old Scouts who participate in the program.  Penalizing today's kids isn't the answer either.

[Jameson76]

8 minutes ago, ParkMan said:

I wonder when the lawyers will realize that as the BSA is non-profit, member funded organization, the people that will be the most impacted by this are the countless 6-18 year old Scouts who participate in the program.  Penalizing today's kids isn't the answer either.

Insert lawyer joke here

[Eagle94-A1]

30 minutes ago, ParkMan said:

I wonder when the lawyers will realize that as the BSA is non-profit, member funded organization, the people that will be the most impacted by this are the countless 6-18 year old Scouts who participate in the program.  Penalizing today's kids isn't the answer either.

I do not want to listen to the entire thing again. But the lead lawyer in this interview https://dianerehm.org/shows/2019-08-20/a-moment-of-reckoning-for-the-boy-scouts-of-america-and-a-history-of-sexual-abuse states he wants the BSA 'Disssolved' and stated if a need to something like the BSA is indeed need, then it start from scratch.

 

[RememberSchiff]

Under this new law , could a scout who was allegedly abused in NY now bring suit in both NY and NJ?

Edited October 9, 2019 by RememberSchiff

[walk in the woods]

8 hours ago, Eagle94-A1 said:

I do not want to listen to the entire thing again. But the lead lawyer in this interview https://dianerehm.org/shows/2019-08-20/a-moment-of-reckoning-for-the-boy-scouts-of-america-and-a-history-of-sexual-abuse states he wants the BSA 'Disssolved' and stated if a need to something like the BSA is indeed need, then it start from scratch.

 

Yep.  It's never been about gays or girls or atheists.  It's a postmodern requirement to "deconstruct" everything that contributes to what they perceive as immoral power hierarchies.  The BSA, by kowtowing, has signed it's own death warrant.  They will drive traditionalists from the program and pin their hopes on people who would rather see it dismantled. 

[RememberSchiff]

I found a Aug, 2019 article, so old news.  I still wonder if dual suits are possible from CA, NY, PA? scouts, i.e., file in state where alleged crime occurred and another where BSA was headquartered.

Child sex abuse victims in Connecticut are expected lawsuits against the Boy Scouts of America.

The suits will be filed under a New Jersey law, according to the law firm PCVA and Rebenack, Aronow & Mascolo, LLP. in December. 

...

The New Jersey law allows victims nationwide who were abused during a three decade period to file suits against the New Jersey-based BSA. The suits must be filed during a 2 year window that begins on Dec. 1.

More details at source:

https://www.wfsb.com/news/ct-abuse-victims-use-new-jersey-law-to-sue-boy/article_0341c2e6-cb24-11e9-9b71-23e7513acb54.html

[Jameson76]

1 hour ago, walk in the woods said:

Yep.  It's never been about gays or girls or atheists.  It's a postmodern requirement to "deconstruct" everything that contributes to what they perceive as immoral power hierarchies.  The BSA, by kowtowing, has signed it's own death warrant.  They will drive traditionalists from the program and pin their hopes on people who would rather see it dismantled. 

Yep

I made this observation years ago, the groups that do not like the BSA will not be pleased until there is no BSA.  The organization is operating from the viewpoint that there will be compromise and we will move on with the program.  Many who advocate for "change" do not want the program to move on and continue, they want it gone.  The groups do not in fact have the same goal.

The basic concept is that an organization should never attempt to please everybody; it’s simply impossible. They should try to please your constituency, your fans, your close friends; they will win over the unbelievers.

[RememberSchiff]

Ditto PA and Colorado.

...because BSA was headquartered in New Jersey for roughly 30 years, scouts who were abused in that time can sue, regardless of where the abuse occurred. 

https://www.cpr.org/2019/10/08/survivors-of-abuse-in-the-boy-scouts-tried-for-years-to-get-legal-justice-a-new-law-could-pave-the-way/

https://triblive.com/news/pennsylvania/new-jersey-law-could-open-up-boy-scouts-to-abuse-law-suits-from-pennsylvania/

I continue to research if plaintiffs can "double dip" child abuse claims.

[T2Eagle]

8 hours ago, RememberSchiff said:

Ditto PA and Colorado.

...because BSA was headquartered in New Jersey for roughly 30 years, scouts who were abused in that time can sue, regardless of where the abuse occurred. 

https://www.cpr.org/2019/10/08/survivors-of-abuse-in-the-boy-scouts-tried-for-years-to-get-legal-justice-a-new-law-could-pave-the-way/

https://triblive.com/news/pennsylvania/new-jersey-law-could-open-up-boy-scouts-to-abuse-law-suits-from-pennsylvania/

I continue to research if plaintiffs can "double dip" child abuse claims.

You can't sue the same defendant for the same tort covering the same facts in two courts.  Or I suppose you could but the defendant would be able to have the suits consolidated.  If you could, people would have been doing that all along suing in both their home state and Texas.  So, no, you couldn't sue the BSA in both PA and NJ for instance.  You could sue the local Council in PA and also sue the national BSA in NJ, but you would be doubling your costs of litigation without changing what you could recover so there's no incentive to do that.  If you can bring suit in your home state because the Statute of Limitations hasn't run out there's probably little reason to bring the suit anywhere besides your home state.

[RememberSchiff]

1 hour ago, T2Eagle said:

 You could sue the local Council in PA and also sue the national BSA in NJ, but you would be doubling your costs of litigation without changing what you could recover so there's no incentive to do that.  If you can bring suit in your home state because the Statute of Limitations hasn't run out there's probably little reason to bring the suit anywhere besides your home state.

This was my concern. Thanks for the explanation. 

[Cburkhardt]

This is just another creative lawsuit opportunity that will be swept aside when we file the financial reorganization bankruptcy.  Otherwise we would experience an endless parade of this until the BSA is gone.  Fortunately, wiser heads will prevail.

[Mrjeff]

I was recently listening to a Christian radio program and the guest speaker made the comment that he wished the Boy Scouts of America would be disbanded and go away.  I took offence to this comment and called the GM of that station to give him my point of view.  I also told him that there are plenty of people in the scouts that are still trying to "do the right thing" and provide a positive experience for young people. Unfortunately the GM agreed with the speaker which demonstrates a conservative and accepted attitude that the Boy Scouts no longer provides a wholesome and valuable program.  

[SSScout]

Christian radio?   Did they have that crazy guy on that claimed the folks without sin should be throwing the stones?  I guess everybody needs a hobby. 

There is a Lutheran synod that instructs it's member churches to not charter BSA units because BSA is not purely Christian.  The LDS church is forming their own "Scout like" youth organization so the mother church can have full control worldwide of it's activities.  When B-P founded ("discovered")  Scouting, the Church of England tried to adopt  Scouting as a youth ministry. Tried.   B-P successfully resisted that.

Maybe the Catholic church should be "disbanded"  because of the unfortunate actions (and inactions) of many of their priesthood and leadership.  Maybe the Southern Baptist church should disband for the same reason.  Public school athletic coaches?  Disband the school?   Waaaay back when,  the same thing could be said about any of these other organizations.  Sue the bastards. 

There are some old white guys who seem to think kids can become adults without passing thru adolecency (is that a word?) Adolesence ?  Ah, you know what I'm trying to say.  Without a certain amount of getting dirty, learning how to work together, learning what to do about that other sex,  becoming independently confident,  how to succeed to a goal,  no young human gets to be adult.  isn't that what Scouting is supposed to be about?   And every so often,  we come up with a pseudo-adult who has had their own young psyche  injured and doesn't know how to deal with life except to hurt the next bunch of young folks that come along. 

I think I like the BSA's response as I understand it.  Unlimited help for folks that have been hurt. Tighten up the controls and protections.  Admit to mistakes. Make sure they can't happen again.  Surely, that spirit of evil abroad in the world will find some more chinks in the armor, other cracks in the dam to allow such poor people to wreak their havoc. We just need to be that much more aware and diligent. 

"It's for the kids". 

[Mrjeff]

Imagine that, when I was talking to the GM he fell back on the problems with the organization.  My reply was, "Should the Catholic church be disbanded,  or perhaps every church that has had similar problems be disbanded?" He really didn't have a response and it left him speechless.  Hmmmmm..........a speechless radio guy...........you dont see that everyday...