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	Supreme Court Decision on July 7, 2009 in the Case of William Picher Vs. the Roman Catholic Bishop of Portland ET Al. By Carol Moran, Lipman, Katz, & Mckee Maine Business July 7, 2009 http://mainebusiness.mainetoday.com/newsdirect/release.html?id=7358 Supreme Court Decision on July 7, 2009 in the case of William Picher vs. The Roman Catholic Bishop of Portland et al. Docket No. KEN-08-81 Decision No. 2009 ME 67 The Maine Supreme Court, with Justice Warren Silver writing for a majority of five to two, has held that the Roman Catholic Bishop of Portland is not entitled to the defense of charitable immunity for its intentional torts. In a landmark decision, the Maine Supreme Court affirmed the availability of defense of charitable immunity for negligent actions, but abrogated the defense of charitable immunity for intentional torts. On Page 18 of its decision, the Court stated “we do not recognize the defense of charitable immunity in claims involving intentional torts." The Court further stated, on Page 19 of its decision, that the Plaintiff William Picher properly stated a claim for the intentional tort of fraudulent concealment when he alleged in his Complaint that the Bishop had actual or constructive knowledge that Melville sexually assaulted minors, that the Bishop breached its duty to disclose that information, that the Bishop affirmatively concealed the knowledge with the intent to mislead the Plaintiff and his family, and that the Plaintiff and his family relied on the Bishop to the Plaintiff’s detriment. (The Court noted in this regard that silence may be fraudulent in a case of this nature.) The Plaintiff is represented by Sumner Lipman, Keith Varner and Walt McKee, of the law firm of Lipman, Katz & McKee, P.A. in Augusta, Maine. In commenting on the Supreme Court's decision, Mr. Lipman stated: “This is a victory for all victims of clergy abuse." Founded in 1971 by Sumner Lipman, Lipman, Katz & McKee is an Augusta based full-service law firm that handles cases statewide. For more information, please visit www.lipmankatzmckee.com or call 207-622-3711. Contact: (207) 622-3711 or cmoran@lipmankatzmckee.com
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