It is a trope in BSA sexual abuse actions, at least until recently in most states, that the statute of limitations will deny legal remedy for sexual abuses suffered. This new lawsuit is seeking to allow BSA sexual abuse victims to sue the BSA even if the statute of limitations in their respective states had ended.
The BSA, has for a while now, been fighting fires as many Boy Scouts sexual abuse continue to entangle them in costly litigation. At least a thousand more of these lawsuits were looming after many states changed their laws to ease restrictions on victims who were statute-barred.
The suit filed by a team of lawyers on 6th January 2020 in a federal court, sought to center Boy Scout sexual abuse lawsuits in Washington D.C. The effect is that the capital will be the venue for men across the US to file lawsuits against BSA for their alleged failure and negligence in protecting them from, and alerting the pubic to these perpetrators.
The eight plaintiffs in the suit, referred to in court records as John Does 1 through to 8, live in states where decades-old claims of sex abuse are unenforceable. That is, where they are statute barred and prevented from suing the BSA.
The plaintiffs all reside in different states in the USA including Arkansas, Florida, Hawaii, and Kentucky. According to the Plaintiffs, the inconsistency of statute of limitation laws in the states is a major argument for the lawsuit. Some state laws, leave no avenue for aggrieved victims to make their case and obtain some form of remedy. Others have merely, although better, a potential avenue for justice.
The plaintiffs’ lawyers further argue that the incorporation of the BSA in Washington in 1910, and the congressional charter granted in 1916 is the reason why the lawsuits of that nature should be appropriately heard there. Thanks to an easing of its statute of limitations in 2019, the District of Columbia can now accommodate claims in the lawsuit.
The lawsuit consequently seeks unspecified compensatory damages for physical and emotional injuries as well as punitive damages and attorney’s fees.
The BSA filing for Chapter 11 Bankruptcy Protection on February 18, has stayed this lawsuit in court. The effect is that the lawsuit and all other cases are on hold, pending the determination of the bankruptcy petition.
Just like this lawsuit, there usually isn’t much information to go on concerning pending litigation. If the Bankruptcy petition is granted, the action will play out i bankruptcy court.
We urge victims of Boy Scout sexual abuse to act quickly, come forward and consult our Boy Scout lawsuit attorneys.
Our Boy Scout Sexual abuse attorneys at Oshan & Associates are ready to fight and see that justice is done in your case. Contact us immediately via our page or at (206) 335-3880 or (621)-421-4062 to schedule a free and confidential consultation.
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