This is a comprehensive overview by an attorney who defended the Church for 20 years. How did the sexual abuse crisis start? What was the Church’s response? What must one do to sue the Church? What must one do to defend it? What are special issues that come up? What are the insurance implications? Examples from the presenter’s experience are discussed, and the handling of litigation is uniquely treated in light of the presenter’s previous career as a social worker in which he also dealt with victims (and perpetrators) of sexual abuse. Warning: explicit descriptions are given such as is necessary in this area of litigation.
Learning objectives:
1. Learn how the sexual abuse crisis developed
2. Understand the corporate structure of the Catholic Church and where it is liable and where it is immune
3. Understand the operation of revival statutes around the country
4. Gain practical tips as to the mechanics of both suing the Church and defending it
5. Learn how to deal with victims as clients and Church personnel as clients
Presenter Bios
Daniel Schiavetta "Dan" received a J.D. from University of California, Davis School of Law in 1992, after a previous career as a social worker. At UC Davis he was the only member of his class to be named both a Law Review Editor and a Moot Court Judge.
Dan Schiavetta has been defending nursing homes for twenty years, both supervising other attorneys and directly acting as defense counsel in hundreds of cases. He has met with Administrators, Directors of Nursing, and countless R.N.'s, L.P.N.'s and CNA's. At the request of risk managers, he has given seminars on "Defensive Charting" at dozens of nursing homes in New York and New Jersey. Due to his reputation for close attention to nursing home issues he has been invited to represent nursing homes in regulatory matters before the Department of Health and the Attorney General.
Dan has a great deal of experience in appellate and insurance coverage litigation. He has prosecuted rescission, declaratory judgment and interpleader actions in state and federal court on behalf of various insurers, and has tried cases involving medical malpractice and premises liability.
Dan gives presentations to nursing homes as to charting and litigation issues and is responsible for two changes in case law which have benefited his clients, Springstead v. Ciba-Geigy, 27 A.D.3d 720 (2nd Dept. 2006) (allowing recovery of costs in pursing third party actions), and Randi A.J. v. Long Island Surgi-Center, 46 A.D.3d 74 (2nd Dept. 2007) (requiring "clear and convincing" evidence for punitive damages).
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