Who's Responsible in Sex Abuse Claims Against Out-of-State Nonprofits?
The New Jersey Law Journal
The New Jersey Superior Court, Appellate Division has continued its recent trend of defining personal jurisdiction for out-of-state defendants sued in New Jersey under the State's 2019 Child Victim's Act. In its precedential opinion E.T. v. Boys & Girls Club, no. A-3720-22, 2024 N.J. Super. LEXIS 21 (N.J. App. Div. Feb. 28, 2024), the appeals court declined to find personal jurisdiction for a nonresident youth services defendant accused of negligently hiring, training, and supervising a former counselor at a New Jersey-based affiliate organization who was alleged to have sexually abused several minors between 1978 and 1982. Principal Joel Feigenbaum recently published an article in The New Jersey Law Journal explaining the Court's rationale in declining to find jurisdiction on behalf of the Boys and Girls Club of America based upon a lack of minimum contacts in the State. As trial court orders hinging on jurisdictional questions of out-of-state defendants in childhood sexual abuse cases continue to be appealed, we anticipate the appellate courts will continue to expand and distinguish their recent opinions.
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Disclaimer: this post does not offer specific legal advice, nor does it create an attorney-client relationship. You should not reach any legal conclusions based on the information contained in this post without first seeking the advice of counsel.
About the Author
Joel H. Feigenbaum is a Principal in the firm's Casualty Litigation Department and Hospitality & Retail Practice Group. He defends clients in diverse matters involving general and premises liability, assault/battery, negligent security, product, and automobile liability claims. His practice includes defending entities, such as schools, childcare centers, and mentorship programs, where sexual torts are alleged, such as child sexual abuse and misconduct.