The Erie diocese has asked a federal judge to stay a clergy sexual abuse lawsuit against it as the state waits on a major decision in a related case from the Pennsylvania Supreme Court.

The Pennsylvania Supreme Court is set to hear arguments in a Catholic church sexual abuse case on Oct. 20. The outcome of this hearing is expected to greatly affect other abuse lawsuits across the state, including the lawsuit against the Erie diocese.

The court is expected to issue its ruling in several months, so the Erie diocese has asked that the case against it be stayed until that decision, which could change the outcome.

Indeed, the Supreme Court decision will affect hundreds of plaintiffs, determining whether or not they can pursue fraud-related suits in court over Catholic cover-ups of abuse. The decision will affect these plaintiffs, along with the Erie diocese and other dioceses across the state. As it currently stands, the Pennsylvania law gives plaintiffs the right to sue over fraud and cover-ups related to sexual abuse. This holding was established in a ruling in June 2019 in a case involving another diocese, the Diocese of Altoona-Johnstown.

This ruling gave victims the ability to file claims despite the statute of limitations that affects clergy sex abuse claims.

Taking into consideration the substantial effect this decision would have on cases like theirs, the Erie diocese asked U.S. District Judge Susan Paradise Baxter to grant a stay in the abuse case the diocese now faces.

“If the Court refuses to grant a stay, the Erie Diocese, as well as Plaintiff, will be required to spend a significant amount of time and money litigating a case that may be moot in a matter of months,” wrote lawyers for the diocese. “Such a needless waste of resources creates a substantial hardship on both parties.”

On Oct. 15, less than a week after the request for a stay was filed, Judge Baxter stayed the Erie diocese case. The case will be revisited based on whatever the outcome of the state Supreme Court’s ruling may be.

How Many Suits Is the Diocese Facing?

The Erie diocese currently faces 31 fraud-related suits. The suit that has been granted a stay is in federal court, having been moved from Erie County Court in August because the plaintiff lives in Delaware. Many of the other suits remain in Erie County Court.

The diocese’s insurance is reportedly not covering the costs of these lawsuits.

The slew of lawsuits came just before the two-year anniversary of the major Pennsylvania grand jury report released on Aug. 14, 2018, which made national headlines, uncovering hundreds of predator priests and at least a thousand child victims. Survivors claim that they did not learn the extent of the Erie diocese’s knowledge of abuse within its ranks until the release of the grand jury report, and the statute of limitations for fraud-related litigation is two years in Pennsylvania.

The statute of limitations on child sexual abuse lawsuits in Pennsylvania may itself change, after the General Assembly started the process to amend the constitution and allow a two-year lookback window for such cases back in 2019. This process, however, could take years.

While the Erie diocese, along with other Roman Catholic dioceses in Pennsylvania, have established compensation funds for victims, one of the requirements of those who receive money from the funds must agree not to sue the dioceses.

Filing a Catholic Sexual Abuse Lawsuit

A growing number of survivors of child sexual abuse are coming forward with allegations against their abusers and the organizations that allowed such abuse to take place, including the Catholic church.

If you or someone you love have suffered from child sexual abuse at the hands of a clergy member, even if that abuse happened years or even decades ago, you may be able to file a lawsuit and pursue compensation. Of course, filing a lawsuit cannot take away the pain and suffering caused by childhood sexual abuse, but it can at least provide some kind of compensation, as well as help to hold those responsible for this suffering accountable for their actions and inactions.

Filing a lawsuit can be a daunting prospect, especially over something as traumatic as child abuse, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

This article is not legal advice. It is presented
for informational purposes only.