Duty to Protect From Third-Party Harm in Sexual Abuse Cases
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will explore the standards applied by courts to determine who may face civil liability for physical or sexual abuse perpetrated by third parties. The panel will discuss the duty of care to protect victims from third-party harm, how these standards are argued and applied in various jurisdictions, and the role of policy considerations in assessing the existence of the duty and ultimate liability.
Outline
- What is the traditional scope of the duty to prevent harm from third parties?
- What are some exceptions to the conventional view of "no duty"?
- Duty to disclose known abuse
- Duty to protect
- Sex trafficking
- Students
- Repurposing traditional negligence theories
- Landlord-tenant
- Employer-employee (if, for example, the perpetrator is a paid athlete)
- Contract claims
- Parent claims
- Derivative actions
- How have courts considered public policy factors?
- What are some potential insurance implications?
Benefits
The panel will review these and other related issues:
- What are some new theories of liability?
- What special issues arise when the events alleged are decades-old?
Faculty
Jessica A. Moldovan
Associate
Lieff Cabraser Heimann & Bernstein
Ms. Moldovan is an associate in the New York office of Lieff Cabraser Heimann & Bernstein where she is a member of... | Read More
Ms. Moldovan is an associate in the New York office of Lieff Cabraser Heimann & Bernstein where she is a member of the firm’s employment, sex abuse, antitrust, and securities practice groups. Among other matters, Ms. Moldovan currently represents a class of female employees challenging systemic gender discrimination at Goldman Sachs as well as individuals who were physically and sexually abused while patients at Devereux Advanced Behavioral Health. She is also an Adjunct Professor of Law at NYU School of Law where she teaches the course “Leadership, Diversity, and Inclusion” with Kenji Yoshino. Prior to joining Lieff Cabraser, Ms. Moldovan was a Research Fellow at the Center for Diversity, Inclusion, and Belonging at NYU Law and a judicial clerk for the Honorable Cheryl Ann Krause on the United States Court of Appeals for the Third Circuit and the Honorable Allyne R. Ross on the United States District Court for the Eastern District of New York. She has worked at the Center for Reproductive Rights and the Department of Justice Civil Rights Division Educational Opportunities Section.
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Heather E. Simpson
Partner
Kennedys Law
Ms. Simpson handles disputes throughout the United States. Her practice focuses on insurance coverage and commercial... | Read More
Ms. Simpson handles disputes throughout the United States. Her practice focuses on insurance coverage and commercial litigation matters. Ms. Simpson has extensive experience in litigating and pursuing alternative dispute resolution of insurance coverage disputes involving professional liability, general liability, construction, environmental, products liability and employment claims. In recent years, she has handled numerous insurance claims arising from class action and mass tort litigation asserted against various sports leagues by former athletes alleging long-term brain injury as well as sexual abuse claims asserted against various religious, sports, and recreational organizations. As part of her work on complex coverage matters, Ms. Simpson has developed expertise in overseeing e-discovery efforts including the negotiation of e-discovery protocols and vendor contracts as well as the collection and review of large volumes of electronically-stored information. She also has experience handling appeals in both state and federal courts.
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Kathryn S. (Kate) Whitlock
Member
McAngus Goudelock & Courie
Ms. Whitlock has spent her entire career defending and counseling individuals and insurance companies in professional... | Read More
Ms. Whitlock has spent her entire career defending and counseling individuals and insurance companies in professional liability, products liability and premises liability matters. She represents those in the legal, insurance, real estate and education fields. Ms. Whitlock is highly-skilled in the courtroom and alternative dispute forum; she has tried over 100 cases to jury verdict, bench decision and final arbitrator award in state and federal courts. She has been recognized in her practice by The Best Lawyers in America© and Georgia Super Lawyers, and was named among America’s Top Lawyers by The American Law Society in 2018.
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