Institutional Liability in Sexual Abuse Cases: Breaking the Wall of Silence and Managing the Fallout

Session I - Sexual Abuse Litigation in Juvenile Justice Systems – Kristen Gibbons Feden

This session examines the unique legal challenges surrounding sexual abuse within juvenile justice systems, where vulnerable youth are often placed in the custody of state-run or private facilities. When institutions fail to prevent, report, or address abuse, their inaction can lead to devastating consequences—including trauma, self-harm, and even suicides. This session will provide attorneys with an in-depth understanding of the liability landscape when sexual abuse occurs in custody, focusing on institutional accountability, litigation thresholds, and evidentiary considerations. Participants will learn how to identify cases that are most viable for civil action, how to incorporate criminal investigative evidence into civil proceedings, and how to assess damages in cases involving severe trauma. The session will also explore how systemic failures within juvenile facilities not only harm individuals but also expose institutions to significant legal and reputational risk. By the end, attorneys will be equipped to evaluate potential claims, anticipate defenses, and strategically litigate cases involving sexual abuse in the juvenile justice context.

Key topics to be discussed:

• Patterns of sexual abuse in juvenile justice facilities
• Institutional failures and liability
• Case types and litigation thresholds
• Using criminal evidence to build civil cases
• Damages and case valuation
• Current trends and strategic considerations

Session II - Litigating Foster-Care Abuse Against Institutions – Carly Sanchez

Sexual and physical abuse in foster care exposes deep gaps in institutional responsibility: public child welfare agencies, private foster-family agencies, group homes, contractors, schools, and medical providers each hold pieces of the duty—and too often no one takes charge. This session shows how to respond when institutions stall: keep the client safe, preserve evidence immediately, and force movement through records, notices, and protective orders. We’ll identify which foster-care cases actually get litigated (and why), the thresholds that make a case worth filing, and the criminal or administrative proof that strengthens civil liability and value. We’ll balance trauma-informed practice with the need to build notice evidence from hundreds or thousands of pages of records. You’ll leave with a short-list of moves that change outcomes in the first 90-120 days and a clear framework for deciding whether to file, negotiate, or walk away.

Key topics to be discussed:

• What gets litigated in foster care
• When it’s worth litigating
• Criminal and administrative evidence that powers the civil case
• Records, discovery, and procedural gates
• Acting human: Survivor-centered lawyering without losing rigor

Session III - Sexual Abuse, Bullying & Institutional Accountability – Guy D’Andrea

This session will examine the complex legal landscape of sexual abuse and bullying in institutional environments, drawing on Guy D’Andrea’s experience litigating high-impact cases against schools, universities, religious institutions, and treatment centers. When institutions fail to protect those in their custody—by ignoring complaints, failing to supervise staff, or covering up misconduct—they expose themselves to substantial civil liability. This session will help attorneys assess what types of cases are viable, how to integrate evidence from criminal investigations into civil claims, and how to value damages in cases involving severe trauma, reputational harm, or even suicides. Participants will also gain practical strategies for overcoming immunity defenses, navigating discovery against resistant institutions, and leveraging litigation to promote systemic change. By the end of the session, practitioners will be better equipped to build compelling cases on behalf of survivors and hold powerful institutions accountable.

Key topics to be discussed:

• Patterns of abuse and bullying in institutional settings
• Institutional failures and liability theories
• Case selection and litigation thresholds
• Using criminal evidence in civil litigation
• Valuation of sexual abuse and bullying claims
• Procedural and strategic challenges
• Benefits of deposing your own clients in sexual abuse cases

This course is co-sponsored with myLawCLE.

Date / Time: December 9, 2025

• 12:00 pm – 3:20 pm Eastern
• 11:00 am – 2:20 pm Central
• 10:00 am – 1:20 pm Mountain
• 9:00 am – 12:20 Pm Pacific

Closed-captioning available