In Caldwell v. Archdiocese of New York, (SD NY, May 19, 2021), individuals who released their childhood sexual abuse claims as part of the Archdiocese's ’ Independent Reconciliation and Compensation Programs brought a class action claiming misrepresentations in procuring the releases. They claimed misrepresentations regarding the fairness of the settlements, the independence of the plan administrators, as well as failure to advise claimants of the prospects for enactment of the New York Child Victims Act. The court dismissed the claims because plaintiffs failed to plead them with particularity as required by Federal Rules of Civil Procedure, Rule 9(b). They also failed to show a special relationship that would give rise to a duty to disclose information about the Child Victims Act and failed to show that they were induced to refrain from carrying out their own investigation.
