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T.S. v. BOY SCOUTS OF AMERICA

No. 76726-2.

138 P.3d 1053 (2006)

T.S., M.S. and K.S., Respondents, v. BOY SCOUTS OF AMERICA, a congressionally chartered corporation, authorized to do business in Washington, Petitioner, and Pacific Harbors Council, Boy Scouts of America, formerly known as Mount Rainier Council, a Washington public benefit corporation; Chief Seattle Council, Boy Scouts of America, a Washington public benefit corporation; and Bruce Phelps, an individual, Defendants.

Supreme Court of Washington, En Banc.

Decided July 27, 2006.

Attorney(s) appearing for the Case

D. Michael Reilly, Steven Douglas Jensen, Michael Barr King, Laura Therese Morse, Lane Powell PC, Michael Thomas Pfau, Mark Gregory Honeywell, Joan C. Foley, Timothy David Kosnoff, Gordon Thomas Honeywell, Seattle, for Petitioner/Appellant.

Mary Colleen Kinerk, Cable Langenbach Kinerk Bauer LLP, Kenneth Scott Kagan, Carney Badley Spellman, Seattle, for Appellee/Respondents.

OWENS, J.

¶ 1 T.S., M.S., and K.S. filed suit against the Boy Scouts of America (BSA), two local BSA councils, and former scoutmaster Bruce Phelps, seeking damages for sexual abuse allegedly committed by Phelps in the 1970s and 1980s when plaintiffs were scouts. BSA seeks reversal of a discovery order requiring production of its "Ineligible Volunteer Files" (the Files), a compilation of reports that BSA received over a period of decades regarding, primarily,...

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