Harmon v. Diocese of Albany

Harmon v. Diocese of Albany

Jul142022

The first appellate opinion of its kind under New York’s Child Victims Act

From 12:00 PM until 1:00 PM ET

At Online via Zoom

Free

Presented by the National Crime Victim Bar Association

In this webinar, attorney Mallory Allen, a partner with Pfau Cochran Vertetis Amala PLLC, will discuss the implications of Harmon v. Diocese of Albany, 2022 NY Slip Op 02596 [3rd Dept, April 21, 2022] – the first appellate opinion of its kind under New York’s Child Victims Act.

In this recent decision, the Third Department held that survivors of childhood sexual abuse at the hands of Diocesan priests can obtain (1) the “secret files” of priests who abused children before or during the plaintiff’s abuse, (2) the “sexual deviancy” treatment records of priests that were shared with the Diocese, and (3) the Independent Mediation Assistance Program (IMAP) files of those abused by the same perpetrator. The Court recognized that, as an issue of fundamental fairness, the Diocese could not assert that it acted reasonably given what it knew about child sexual abuse while simultaneously withholding evidence showing what it knew.  

In this webinar, Mallory will discuss the arguments made at the trial court level, the nuances of the appellate opinion, and what this opinion means for Child Victims Act cases statewide.

Mallory C. Allen is a partner with Pfau Cochran Vertetis Amala PLLC law firm in Seattle. Mallory has spent her entire career. She is licensed in Washington and New York, and has tried numerous cases to verdict in state and federal courts, resulting in seven and eight-figure awards. Her practice involves litigation, trial work, and appellate work in the areas of sex abuse, medical malpractice, and personal injury. Mallory received her B.A. and J.D. degrees from the University of Washington, where she continues to serve as a student-mentor and has taught Trial Advocacy as an Adjunct Professor.  Mallory has been elected a Super Lawyers “Rising Star” five years in a row.

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