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USOC Asks Calif. Justices To Narrow Sex Abuse Liability Test
Law360 (January 5, 2021, 8:53 PM EST) The U.S. Olympic Committee and USA Taekwondo urged the California Supreme Court on Tuesday to narrow the test courts use to determine whether governing organizations are liable for protecting minors from sexual abuse by credentialed officials like former coach Marc Scott Gitelman, who was convicted of raping three young athletes.
During a videoconference hearing, attorneys for the organizations argued that courts should first use the so-called special relationship test to determine if third parties like them owe a duty of care to minors and are liable for negligence. If the court concludes that no such duty is owed, the court s inquiry.