The Baltimore Archdiocese and a committee representing child sex abuse claimants are heading to trial to litigate whether the Catholic institution can use a charitable immunity defense in its bankruptcy.
The archdiocese and committee both failed in their competing motions for summary judgment on the immunity dispute. The factual record wasn’t straightforward enough to rule in favor of either, Judge Michelle M. Harner of the US Bankruptcy Court for the District of Maryland said in a Thursday opinion.
“The issue of charitable immunity is a difficult one, as the state law doctrine is convoluted and there is very limited discussion ...