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  Bankruptcy Judge Considering Ruling in Diocese Cases

By Sean O’Sullivan
The News Journal
August 13 2010

http://www.delawareonline.com/article/20100813/NEWS/100813021/Bankruptcy+judge+considering+ruling+in+diocese+cases

After hearing from attorneys this morning, U.S. Bankruptcy Judge Christopher Sontchi left the bench around 11:15 a.m., saying he would return at 1 p.m. with a ruling on whether to continue a stay on virtually all trials alleging sexual abuse by priests.

Attorney John Dorsey, representing the Catholic Diocese of Wilmington, argued that while settlement talks between the survivors who have claims against the diocese are still ongoing, all trials against parishes should remain on hold.

However, attorney Thomas Neuberger, who is representing a number of the victims in state court, charged than any further delays would cause his clients irreparable harm and slow their healing process.

Dorsey told the judge during his arguments that the opposition by Neuberger was more about “litigation strategy” -- to get more leverage over the diocese in negotiations -- than protecting victims.

Neuberger responded that the move by the diocese to file for bankruptcy in October -- on the eve of what would have been the first state civil trial alleging sexual abuse by a priest under the Delaware Child Victims Act -- was itself a litigation strategy of delay.

If Sontchi sides with the diocese, a hold on some 81 cases -- with a few exceptions -- will continue until late September, after two more mediation sessions are scheduled.

If Sontchi sides with victims -- seven of whom testified in an unprecedented hearing Thursday -- then the hold will be lifted and cases set for trial in late October can go forward. Other cases in that group of 81 can also start to move forward with things like discovery or seeking trial dates, actions the diocese charge will be a distraction and counterproductive to settlement talks.

Contact Sean O’Sullivan at 324-2777 or sosullivan@delawareonline.com

 
 

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