Elliott v. Archdiocese of NY, No. 11-2844 (3d Cir. 2012)
Annotate this CaseThe Roman Catholic Archdiocese, incorporated in New York, has its principal place of business in New York City. Church of the Nativity is a New York City parish under the Archdiocese. Marist Brothers, a religious order, serves at Church of the Nativity. Mt. St. Michael’s is a private religious high school in New York City. From 1977, when Elliott was eight years old, through 1983, Galligan, a brother of the Marist Order, taught at Mt. St. Michael’s and performed services at the Church. Galligan allegedly abused Elliott, a citizen of New Jersey, at locations in New York, New Jersey, Virginia, and Delaware, when the two travelled together. Elliott filed suit in the Superior Court of Delaware. Defendants removed to federal court on the basis of diversity of citizenship. The district court held that it lacked personal jurisdiction over two of the institutional defendants and that the statutes of limitations (Delaware Child Victim's Act) barred claims against all institutional defendants. The Third Circuit dismissed an appeal. The district court failed to state that it had determined that there was no just reason for delay, so the order did not properly certify the judgment under Rule 54(b).
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