Diocese removes request for pause in CVA litigation

The Diocese of Albany announced on Jan. 3 that it has removed its request for a pause in Child Victims Act litigation. 

“When we filed the request, we needed the time. Progress to date allows us to withdraw the request,” diocesan counsel Michael Costello said in an email.

A trial was set for Jan. 17 but that case was settled out of court last week. The next trial date on the calendar is set in February. Before removing its request for a pause, the Diocese had originally asked for a 120-day pause but that was shortened to 90 days during oral arguments which took place Dec. 13.

“Over the last several weeks, the Diocese has been working with our insurers, and with their continued cooperation, the Diocese has had very successful mediations with victim-survivors,” said Father David LeFort, Vicar General for the Diocese of Albany. “We believe that if we stay the course, we will continue to mediate a path for victim-survivors to move ahead, with our financial and spiritual support, toward hope and healing.”

During the oral arguments in December, Costello stated to State Supreme Court Judge L. Michael Mackey in arguing for the pause that the process is at a “critical juncture” and the upcoming cases “present significant challenges.” He reiterated that the goal of the Diocese is for “a fair and equitable resolution of survivors' claims.” He wanted to continue the mediation process which he said would “mimic” a Chapter 11 proceeding without the exorbitant costs, which could total $600,000 a month in legal expenses.

Mackey asked Costello if any of the plaintiff-attorneys have had even a “neutral” response to the idea of a pause. Costello said yes and added that the real delay is with the Plaintiff Liaison Committee (PLC), a group of lawyers representing clients who filed abuse claims against the Diocese. He cited insurance carriers - who will pay the largest amount in any global settlement - had requested for more information from the PLC, which was supposed to happen by Oct. 7. This never happened, Costello added, because the PLC reneged on the deal. Mackey then questioned the feasibility of granting a pause.

The four attorneys representing clients with CVA cases argued that there was no factual or legal justification for a pause in litigation and all who spoke agreed that the mediation process currently underway “is going nowhere and it is done,” according to Taylor Stippel, an attorney for Jeff Anderson & Associates. She added that survivors want their day in court and that’s what the CVA will give them.

Jordan Merson, a lawyer speaking for the PLC who represents clients with claims against the Diocese, said a pause would be “tragic” and cited a client who had a pending abuse case against another diocese and a stay was granted. During the stay, his client died unexpectedly and now “his family wonders why he didn't get his day in court.” Another lawyer representing 23 clients - who has trial dates for May, June and September 2023 - said they all oppose the stay which, if allowed, would cause a “domino effect” that would displace future cases as well. He also reiterated that the mediation was “dead.”