U.S. Court of Appeals for the Ninth Circuit reversed in part a ruling by the U.S. District Court for the Central District of California that had dismissed claims brought by BSF on behalf of three former national team snowboarders and a U.S. Ski and Snowboard employee against the U.S. Olympic Committee, U.S. Ski & Snowboard (USSS), and former coach of the U.S. Snowboarding Teams’ Peter Foley for lack of personal jurisdiction.
The plaintiffs allege they were subjected to sexual abuse by Foley and that others in the organization knew of and facilitated his actions. The Ninth Circuit held that a non-California entity can be held accountable under California’s Sexual Abuse and Cover Up Accountability Act where California was used to facilitate the sexual abuse. The Sexual Abuse and Cover Up Accountability Act, which went into effect in January 2023, extends the statute of limitations for adult survivors of sexual assault. The ruling clarifies that non-California entities can face liability for abuse connected to conduct in the state and is expected to make it easier for some sexual assault victims to bring suits in California if they were abused in other states. The ruling also remands the case to the district court for further proceedings.
BSF partner Alison Anderson and associate Mariah Noah argued before the Ninth Circuit last month.