When it comes to the numerous sexual abuse lawsuits filed against the Mormon Church, also known as the Church of Jesus Christ of Latter-day Saints (LDS Church), a common question arises: Is the Mormon Church facing a class action for abuse cases? The simple answer is no, the LDS Church is not currently facing a consolidated class action lawsuit for abuse claims.
Instead, the vast majority of these cases are proceeding as individual civil lawsuits. However, some individual claims have been consolidated in a strategic settlement approach involving certain injured plaintiffs and the Church itself. Let’s explore why these cases typically remain separate to help abuse survivors consider their legal options.
Is the Mormon Church Facing a Class Action for Abuse?
Despite hundreds of lawsuits, the LDS Church is not facing a class action. Survivors are pursuing justice one powerful case at a time—and that may be the best path forward.
Why LDS sexual abuse cases aren’t handled as a class action:
- No class certification: The cases involve different abusers, states, time periods, and laws—too varied to qualify as one class
- No federal MDL either: A request to combine over 40 federal cases was denied due to lack of commonality
- The Church avoids mass litigation: Settlements are often private, individualized, and handled outside of court
- Individual cases = more survivor control: Tailored compensation, private filings, and stronger storytelling for each person’s trauma
- Lookback windows still apply: State revival laws are fueling a wave of individual cases, with some coordinated settlements already underway
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First, What is a Class Action Lawsuit?
To understand why LDS Church abuse cases are not typically class actions, it helps to first define a class action. A class action lawsuit is a legal procedure where one or several individuals (the "named plaintiffs") sue on behalf of a larger group of people (the "class") who have suffered similar injuries from the same defendant.
Key characteristics of a class action include:
- Commonality: There are questions of law or fact common to the entire class.
- Numerosity: The class is so large that individual lawsuits would be impractical.
- Typicality: The claims of the named plaintiffs are typical of the claims of the entire class.
- Adequacy: The named plaintiffs and their attorneys can fairly and adequately protect the interests of the class.
The goal of a class action is to achieve efficiency and provide a remedy for many individuals who might not otherwise be able to afford individual litigation or whose individual damages might be too small to justify a separate lawsuit.
Why LDS Abuse Cases Are Not Typically Class Actions
Despite the widespread nature of sexual abuse allegations against the LDS Church and the hundreds of lawsuits filed nationwide, a federal judicial panel recently denied a request to consolidate over 40 federal lawsuits into a single multidistrict litigation (MDL). This type of litigation is similar to a class action lawsuit, but each claim is resolved separately, not as a class.
This federal decision and the Church's own approach to settlement shed light on why a class action is not the primary legal avenue for these claims.
1. Lack of Commonality (as perceived by the courts)
The U.S. Judicial Panel on Multidistrict Litigation denied the request for MDL consolidation because the cases against the LDS Church were too diverse to benefit from centralized proceedings. Basically, the allegations involve:
- Decades of Harm: Abuse incidents are reported from the 1960s through the present day.
- Varied Perpetrators: Abusers include bishops, youth leaders, missionaries, and other members in various roles.
- Different Locations: Claims originate from numerous states across the U.S., each with its own specific laws and legal precedents.
- Evolving Church Policies: The Church's internal policies regarding abuse reporting and prevention have allegedly changed over time, meaning their institutional responsibility might differ depending on when the abuse happened.
These variations mean that each survivor's experience, the specific acts of abuse, the Church's alleged knowledge at the time, and the applicable state laws are often unique. This makes it challenging to fit them neatly into a single "class" where all claims are sufficiently common to warrant a class action.
2. Church's Strategy to Avoid Mass Litigation
The LDS Church has adopted a strategy to resolve sexual abuse claims that deliberately avoids the public scrutiny and consolidation typical of class actions or large-scale MDLs. Instead, the Church is apparently working directly with legal firms representing survivors through a private claims resolution process.
- Private Settlements: The Church requests "case inventories" (detailed lists of clients and their case summaries) from plaintiffs' firms, which are then reviewed privately. Settlement discussions follow, often with the help of mediators. This process occurs outside of court supervision, with no public notice or formal court approval.
- Confidentiality: Settlements reached through this private process are often confidential, which can provide privacy for survivors but also prevents public disclosure of the terms or the full scope of the Church's alleged liabilities.
- Individualized Negotiation: This approach allows the Church to negotiate terms specific to each case, rather than applying a universal formula as in class actions. While this can lead to tailored resolutions, it also means outcomes can vary widely depending on the documentation, the severity of the abuse, and the strength of the specific claim.
Attorneys familiar with these cases estimate that over 300 claims have been submitted nationwide through various legal processes, with payouts ranging significantly based on the seriousness of the facts and documentation. A proposed settlement for over 100 California lawsuits was also reached recently, demonstrating a willingness to resolve claims, often individually or in coordinated groups, rather than through a broad class action.
The Power of Individual Lawsuits
While the absence of a class action might seem like a disadvantage, for many survivors of sexual abuse, pursuing individual lawsuits actually offers significant benefits:
- Survivor-Centric Focus: Individual lawsuits allow for a deep, personalized focus on the unique details of each survivor's experience, their specific injuries, and their journey toward healing. This can be more validating and empowering than being part of a large, anonymous class.
- Tailored Compensation: Damages sought in individual lawsuits can be more precisely calculated to meet the survivor's specific needs, covering extensive therapy, medical costs, lost income, and individualized pain and suffering. In contrast, class action settlements might offer more standardized, sometimes lower, payouts.
- Privacy Protections: In individual lawsuits, attorneys can more readily seek "Jane Doe" or "John Doe" filings, allowing survivors to pursue justice without their identities being publicly revealed, which is a critical concern for many.
- Direct Accountability: Individual lawsuits directly challenge the actions or inactions of specific abusers and the institutions that allegedly enabled them, providing a clearer path to holding them personally and institutionally accountable.
- Flexibility with "Lookback Windows": Individual lawsuits can more easily capitalize on state-specific "lookback windows" that temporarily revive older claims, as these laws often apply to individual actions rather than requiring class certification.
The ongoing litigation against the LDS Church demonstrates that while a class action isn't the current path, survivors are actively pursuing and achieving justice through individual and informally coordinated lawsuits. Recent verdicts, like the $2.28 billion jury award in a California case (which the Church settled its part of for $1 million prior to the verdict), show that juries are willing to hold institutions accountable for egregious misconduct, even when claims are handled individually.
To Learn More About How the Mormon Church is Facing Legal Claims for Abuse, Reach Out to the File Abuse Lawsuit Team
If you are a survivor of sexual abuse connected to the Church of Jesus Christ of Latter-day Saints and are contemplating your legal options, it's vital to understand that a powerful path to justice exists, even without a class action. Individual lawsuits offer a compassionate and effective way to seek accountability and the financial resources necessary for your healing journey.
Your story matters, and there is a path to having your voice heard. If you are a survivor of sexual abuse and are considering a lawsuit against the LDS Church, contact File Abuse Lawsuit today for a free and confidential consultation. We are here to listen with compassion, explain the legal pathways available, and help you pursue the justice and compensation you deserve. Call us at (209) 283-2205 to speak with an empathetic legal advocate today.