Schultz v. Boy Scouts of America, Inc.

The Schultzes (plaintiffs), New Jersey domiciliaries, sued on behalf of their sons who were sexually molested by Coakeley, a Franciscan Brother who taught them and led their Boy Scout troop; the abuse occurred during scouting trips to a New York reservation and, as to one son who later died by suicide, continued in New Jersey. At the time of the abuse, the Boy Scouts of America (BSA) was domiciled in New Jersey and the Franciscan Brothers in Ohio, though BSA later moved to Texas before suit. New Jersey law would let BSA and the Franciscan Brothers escape liability through charitable immunity, while New York law provided no such immunity to charities; the Appellate Division applied New Jersey law, and the plaintiffs appealed.