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	Both Sides Argue in Church Suit By Michael Hinkelman Philadelphia Daily News September 19, 2006 http://www.philly.com/mld/dailynews/news/local/15553190.htm The Archdiocese of Philadelphia was back in federal court yesterday, arguing that a federal judge should toss out a class-action lawsuit filed against it and Cardinals Justin Rigali, Anthony Bevilacqua and the estate of the late Cardinal John Krol. U.S. District Judge Legrome D. Davis did not issue a ruling yesterday and did not indicate when he might. A dozen people sued the archdiocese and its top leaders in June alleging they violated federal racketeering (RICO) and conspiracy laws by allegedly covering up the sexual abuse of minors by Catholic clergy. A central argument yesterday was whether or not the plaintiffs have made a valid claim under the civil RICO statute. The lawyer for the archdiocese, C. Clark Hodgson Jr., argued that the case should be dismissed because the plaintiffs failed to show that the injuries were to business or property, as required by the RICO statute. Hodgson argued that the plaintiffs' case was strictly about personal injuries and they "do not have standing" to pursue civil RICO cliams. But Stewart J. Eisenberg, lawyer for the plaintiffs, countered that his clients had suffered injury to their property and business. He argued his clients have been unable to pursue claims for monetary damages against the defendants in state courts because the defendants had engaged in a "concerted effort at the highest levels" to avoid liability, including withholding documents and moving pedophile priests from parish to parish so they wouldn't be identified. Eisenberg argued that depriving his clients of the ability to pursue claims for personal injuries in state courts constituted an injury to plaintiffs' property. A Philadelphia grand jury report in September accused the archdiocese and its top leaders of hiding and condoning the sexual abuse, and identified more than 60 priests who abused hundreds of children over several decades. hinkelm@phillynews.com or 215-854-2656
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