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	Sex-Abuse Appeal Denied By Adam Parker Post and Courier June 15, 2011 http://www.postandcourier.com/news/2011/jun/15/sex-abuse-appeal-denied/ [EX PARTE DOE] The S.C. Supreme Court on Monday dismissed a final appeal in the convoluted case involving victims of sexual abuse, the Catholic Diocese of Charleston, a class-action settlement and a local attorney representing a second group of victims. The legal wrangling began in 2005 and reached a milestone in 2008 when the diocese paid out more than $10 million in a class-action settlement. Attorney Gregg Meyers, representing a group of 11 clients who had opted out of the class action, negotiated a separate settlement with the diocese worth nearly $1.4 million, then struggled to get his clients paid. In 2008, he alleged that the diocese was purposefully delaying payment because a 12th victim had been promised a share of the settlement money. And he accused class counsel and Circuit Judge Diane Goodstein of colluding to ensure that Goodstein presided over all related arguments in the case from her bench in Dorchester County, even if Meyers' lawsuit had been filed in Charleston County. In its decision to dismiss Meyers' claims, the Supreme Court called the appeal "moot" because the two settlement agreements were distinct from one another. Those who opted out of the class action and signed releases could not subsequently seek damages related to the class-action suit, the court ruled. Complicating matters further was the introduction in 2008 of a 12th victim, John Doe B, who was not officially party to either settlement. Because he had signed a release years before, absolving the diocese of any additional obligation, John Doe B could make no claim on the diocese. Meyers said his 11 clients had every right to share their compensation if they chose to do so, and that it was unfair of the diocese to delay payment to them because of John Doe B. In his appeal, he argued that the diocese was obligated to pay interest on funds it had withheld. A. Peter Shahid, diocese counsel, said John Doe B had waived his right to any additional litigation or compensation, and that it was Meyers who was delaying the case. The diocese was the one in July 2008 to file a motion asking the court to enforce the settlement agreement, Shahid said. In early 2009, Goodstein ordered the diocese to pay Meyers' clients. John Doe B filed for bankruptcy, and Meyers added a defamation charge to a court motion, securing from the diocese a "sizable six figure" payment to John Doe B, which was shared with the other 11, Meyers said. The Supreme Court on Monday did not address the allegations of collusion. Shahid said the methodology of the class-action settlement was validated by the courts, despite the drawn-out legal wrangling. "The diocese is pleased with the outcome, because the overall handling of the class-action settlement agreement was good for the victims," providing a non-adversarial opportunity to secure compensation, he said. Also, the separate settlement was successfully implemented, once Meyers' clients signed the releases, he said. But Meyers is not walking away. In 2009 and 2010, he filed new lawsuits against the diocese and class-action lawyers Larry Richter and David Haller on behalf of people he said were excluded from the original class-action settlement and alleging malpractice. He awaits the rulings. Reach Adam Parker at 937-5902. Contact: aparker@postandcourier.com
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