For over thirty years, Carr Maloney has represented a wide variety of public and private institutions in connection with claims involving alleged sexual misconduct and sexual abuse of both minors and adults. The types of entities the Firm represents include but are not limited to:
- Religious Organizations, Camps and Institutions;
- Private and Religious Educational Institutions (at all levels from grade school through college/university level);
- For-Profit and Non-Profit Entities and Employers;
- Retailers (in a wide variety of industries); and
- Entities involved in the Hospitality Industry.
In all of our work, we navigate through complex and often highly charged matters alongside our clients to effectuate change where needed, and to resolve claims with favorable results for our clients. Our Sexual Misconduct and Harassment Team has handled a range of matters, including defending clients against pre-litigation claims and claims in active litigation, and also by:
- Conducting internal investigations into allegations of misconduct, including counseling on preventative measures and remedial steps to address identified issues.
- Working with clients to adopt best practices related to workplace harassment and misconduct, including training programs for all levels of management and staff implementation of policies and procedures.
- Advising on drafting background check authorizations, employment applications, offer letters and employment agreements, workplace policies and other employment-related documents as an integral part of an organization’s compliance program.
- Helping clients avoid litigation by anticipating and addressing concerns at early onset.
- Assisting clients in responding to public inquiries and media reports and coordinating efforts relating to litigation, public relations and brand issues.
Our experience has ranges from singular, isolated claims of sexual misconduct and/or abuse to more widespread claims involving multiple alleged victims, allegations of systematic abuse and allegations of repressed memory. The Firm has represented clients in such matters both pre-litigation and throughout the litigation process, through trial and appeal. In doing so, the Firm has also simultaneously assisted and advised clients with respect to the publicity that often accompanies these types of claims and which can impact the reputation of the organization and that could impact the potential jury pool. When necessary, we will retain and work in conjunction with public relations experts to make certain press reports and messaging put the client in the best light and does not conflict with positions taken in, or otherwise create issues with, pending, threatened or potential litigation. The Firm’s long history of handling these types of claims has given it unique insight through which the Firm has developed the distinctive ability to balance these emotionally challenging cases with affective defense and advocacy.
For many years, the Firm has represented a wide variety of religious institutions in connection with sexual abuse claims by both minors and adults who claim that they experienced repressed memories of sexual abuse from years past. The Firm’s representation of a religiously affiliated camp and its religious leaders against multiple counts of sexual abuse of minors is but one example of the Firm’s extensive history representing religious institutions in connection with claims of sexual abuse. Carr Maloney is well versed in the medical and psychiatric issues involved with defending these types of cases. The Firm has used its understanding of this aspect of sexual abuse claims to successfully develop defenses based on the medical and/or psychiatric history of those involved. Understanding the psychological and medical issues is key to defending claims and attempting to reduce the damages sought by the Plaintiffs in these highly emotional cases.
In addition to its experience representing religious institutions, the Firm also has significant experience representing both public and private schools in cases involving allegations of abuse by teachers and staff against children as well as adult students. These cases involve current claims of alleged sexual abuse as well as claims based upon repressed memory that involve events that allegedly occurred years prior to the filing of the claim. The Firm has also represented colleges and universities, as well as individuals affiliated with such institutions, in connection with the handling of claims of abuse by faculty and staff, and has also represented such institutions in conjunction with claims and litigation brought pursuant to Title IX . Additionally, the Firm has represented schools and universities in cases involving abuse by individuals other than its employees.
Carr Maloney has also handled sexual abuse and harassment claims brought by adults against their employers and employees of the employer in a wide variety of industries, including automotive, retail, restaurant, professional services and local serving establishments.
In addition to litigating sexual abuse cases, Carr Maloney also has a great deal of experience representing professionals, medical and others, before licensing agencies in matters involving allegations of inappropriate sexual relations with the professional’s patients and/or clients. These types of cases require deep knowledge and understanding of the licensure and ethical issues involved as well as the ability to defend claims of sexual abuse and/or inappropriate sexual conduct of a professional.
The Firm’s successful representation through trial also has resulted in several reported decisions, including decisions related to the issue of repressed memory in sexual abuse cases and other issues related to the application of the statute of limitations. See Doe v. Maskell, 342 Md. 684, 679 A.2d 1087 (1996); Murphy v. Merzbacher, 346 Md. 525, 697 A.2d 861 (1997); Doe v. Sovereign Grace Ministries, Inc. 217 Md. App. 650 (2014), cert denied, 440 Md. 116 (2014).
While we have a great deal of experience trying these cases, the trend in recent years has been to work towards the resolution of such matters prior to their reaching trial. Due to our comprehensive representation many of these cases have either been successfully resolved prior to commencement of litigation, dropped prior to trial, or resolutions were reached prior to trial.