News

Devin McRae and Peter Scott prevailed in the New Mexico Court of Appeals on behalf of a sexually abused plaintiff against several defendants including the local and national Boys & Girls Clubs organizations.

Early Sullivan represented its client in one of 13 cases brought by different firms and plaintiffs against the Boys & Girls Clubs organizations for sexual abuse spanning nearly a decade.

While the other plaintiffs dismissed their claims against the Boys & Girls Clubs of America national organization after settling with the local organization, Early Sullivan continued undaunted on behalf of its client. The national organization then filed three summary adjudication motions targeting the Firm’s client’s claims, arguing the national organization could not be held responsible for the conduct of the local Boys & Girls Club.

The New Mexico trial court granted all three summary adjudication motions against the Firm’s client, adhering to the standard reasoning applied in Catholic Church and Boy Scouts of America precedents; namely that national bodies do not maintain adequate control over local chapters or individual perpetrators of abuse.

Upon appeal, and as explained in the opinion, the Firm successfully demonstrated that the national entity imposes extensive membership mandates on local affiliates including (1) directly influencing their funding, (2) requiring regular financial and operational reports, (3) requiring mandatory activity updates, and (4) requiring prominent branding with the Boys & Girls Club of America, Inc.’s logo across all facilities and materials.

The New Mexico Court of Appeals found that Early Sullivan sufficiently distinguished its case from the Catholic Church and Boy Scouts of America lines of cases and, therefore, sufficient evidence of control by the national organization was presented to take the case to a jury.

This decision carries national importance for sexual abuse survivors. Rather than restricting claims to local entities that often lack adequate resources to fully compensate victims, it establishes a framework for holding parent organizations accountable. The published decision is entitled, John Doe 13 v. Boys & Girls Clubs of America, Inc., Boys & Girls Clubs of Central New Mexico, Dominic Yannoni, and David Michaelback.