I am not qualified (in its widest sense) to comment on US law, but I was a UK police officer for 30 years and dealt with abuse and safeguarding issues,
Richard Oliver's comments are, I respectfully submit, a deflection. To take his points in reverse order:
'Fiduciary duty' generally means a duty of care to others in relation to money, property and related matters. Thus, the directors of a company have a fiduciary duty to its shareholders to protect their interests, an investment broker has a duty to those whose assets he manages, etc. Not really relevant here.
'Warn and protect': yes, this is relevant of course to safeguarding but is not the main issue here.
I suspect that the main points of cases against against WT will be the way in which reports (and well-founded suspicions) of abuse have been (and, it seems, continue to be) dealt with. No need to go over it again, but this includes:
Interview of victim by unqualified exclusively male JWs
Two witness rule
Failure to report to authorities (thus opening up avenues of support)
JC procedures
failure to provide any measure of protection to victims or to consider further potential victims
and so on.
These failures have now been exposed and are, without doubt, accepted to fall far short of acceptable practice and are, I believe, actionable at law.
Sworn testimony given to ARC by JW people in authority provided evidence of this. I don't think it was accidental that the way the SC to ARC progressed his questioning showed that the policies and procedures emanated not from local hierarchy but from the GB - and that they applied world-wide from a highly-centralised and high-control organisation.
Evidence to ARC probably won't be admissible in US courts, of course, but it provides an excellent starting point for lawyers taking depositions in the US from US JW hierarchy.
WT HQ/GB has, it seems to me, for a long time exercised minute control over JWs world-wide, micro-managing to a fine degree. Maybe now this will come back to bite them on the ass. Jackson and others (eg Toole) made fools of themselves before ARC. If that sort of performance is repeated before juries with the power to award damages I foresee big problems for WT. And I can foresee other 'tort' legal firms joining up.
Just my opinion, of course. Could be the basis for another John Grisham book.