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Albany Bankruptcy Judge Rules Child Victims Act Cases Can Move to Trial

Decision Allows Survivors to Have Their Day in Court – a “breakthrough moment to bring the heat,” said Jeff Anderson.

(Albany, New York) – Today, the United States Bankruptcy Court Northern District of New York, Judge Robert E. Littlefield, held that eight cases against the Diocese of Albany can advance toward trial in state court. The ruling is a triumph for survivors of child sexual abuse, whose cases were put on hold when the Diocese of Albany filed for bankruptcy on March 15, 2023.

“This is a breakthrough moment for survivors to advance their claims, reveal the horrors inflicted upon them by the offenders and by the Albany bishop to hold them accountable without further delay. Eight cases were released for trial today. There are approximately 390 cases pending.” – Jeff Anderson

The ruling comes on the heels of a similar decision from the United States Bankruptcy Court Western District of New York, in which Judge Carl L. Bucki permitted 17 cases to move forward in the Diocese of Buffalo bankruptcy case. “The tide is turning for survivors. Dioceses and their insurers can no longer enjoy a free ride by seeking refuge in mediation. Today’s ruling will finally allow the survivors’ voices to be heard,” said attorney Taylor Stippel Sloan.

Attorney Cynthia LaFave praised the decision as a victory for survivors, most of whom were abused decades ago. “Over the time since the Child Victims Act went into effect, we have seen survivors that we represent age, and even die. It is with great gratitude that now there is hope that their voices will finally be heard,” said LaFave.

The eight cases name multiple clergy on the Diocese’s List of Clergy Credibly Accused of Sexual Misconduct, including Fr. John Fitzpatrick, Fr. Alan Jupin, Fr. John Klebie (f/k/a Fr. John Klebauskas), Fr. Edward Pratt, and Fr. Dozia Wilson. The cases will return to state court and will likely be overseen by Justice Justin Corcoran.

“This is a chance to bring the heat – heat is what brings settlements. The trial of these cases brings pressure to bear upon the diocese and the insurance companies that have refused to negotiate or abide by their obligations. We are ready to bring heat on behalf of the courageous survivors that we represent.”  – Jeff Anderson