Judge pulls 42 abuse cases out of San Diego Diocese's bankruptcy

Published: 2007-08-29

SAN DIEGO (CNS) -- A federal judge Aug. 25 ordered 42 of the 127 lawsuits over sexual abuse claims to be removed from the Diocese of San Diego's bankruptcy case so they can go to jury trials in state court. Bankruptcy Court Judge Louise DeCarl Adler found that leaving the 42 plaintiffs in the group that the diocese has sought to settle with in bankruptcy proceedings would amount to depriving them of their Seventh Amendment right to a jury trial and "will cause severe prejudice to the plaintiffs, especially since these cases are intensely fact-driven." Adler's 14-page ruling said that although the diocese filed for bankruptcy because of the lawsuits "prompt resolution of these claims through the bankruptcy process is unlikely." She said twice in the ruling that the $95 million offered to the plaintiffs in a financial reorganization plan is "far below the historical statewide average." The Archdiocese of Los Angeles in July announced a settlement agreement that called for the church to pay more than 500 victims of sexual abuse by priests a total of $660 million.

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