Scratchme:
I am sorry but you are actually wrong. Below is 3 cases including more recent cases that a fiduciary duty was not extended. Again I never said it was right but this is what the court has found.
Lewis v Bellows Falls Congregation 114-CV-205-JGM. (2015)
Holdings: The District Court, J. Garvan Murtha, J., held that:
1 alleged conduct by church did not create fiduciary relationship between church and congregant;
2 church allegedly had duty to provide reasonable supervision of its minister;
3 no special relationship existed between the church and its minister, as required to give rise to church's duty to control minister;
4 church had no duty to protect congregant; and
5 church had no separate duty to warn its congregants, distinct from a duty to protect.
Anderson v Watchtower M2004-01066-COA-R9-CV. (2005)
Barbara Anderson et al. Claimed that Moses v Diocese of Colorado, 863 P.2d 310 (Colo. 1993) applied to their case. The Appeals court found that the cited case of Moses: “Recognized that the relationship between a clergyman and parishioner was normally one involving rust and reliance, but further held that in order to be liable to breach a fiduciary duty, the superior party must ‘assume a duty to act in the dependent party’s best interest,’” And footnote 23 goes on “Cases examining a breach of fiduciary durty claim in the contest of a religiously-based relationship have made it clear that the clergy-parishioner relationship alone is not sufficient to establish a fiduciary duty. … (declining to find a per se fiduciary relationship between all clergy and their congregants and requiring “something more” to demonstrate a justifiable trust on one side and resulting superiority and influence on the other).”
Brian R v Watchtower CUM-98-531 (1999)
The appeals court ruled:
There does not exist a general obligation to protect others from harm not created by the actor. “The fact that the actor realizes or should realize that action on his part is necessary for another's aid or protection does not of itself impose upon him a duty to take such action.” RESTATEMENT (SECOND) OF TORTS § 314 (1965). In other words, the mere fact that one individual knows that a third party is or could be dangerous to others does not make that individual responsible for controlling the third party or protecting others from the danger.5
Even with the emergence of expanded liability for nonfeasance, that principle has remained clear—in instances of “nonfeasance rather than misfeasance, and absent a special relationship, the law imposes no duty to act affirmatively to protect someone from danger unless the dangerous situation was created by the defendant.” Jackson v. Tedd–Lait Post No. 75, 1999 ME 26, ¶ 8, 723 A.2d 1220, 1221. Only when there is a “special relationship,” may the actor be found to have a common law duty to prevent harm to another caused by a third party.7 There is simply “no duty so to control the conduct of a third person as to prevent him from causing physical harm to another unless ... a special relation exists between the actor and the other which gives to the other a right to protection.” RESTATEMENT (SECOND) OF TORTS § 315(b) (1965).8
We have described the salient elements of a fiduciary relationship as: (1) “the actual placing of trust and confidence in fact by one party in another,” and (2) “a great disparity of position and influence between the parties” at issue. Morris v. Resolution Trust Corp., 622 A.2d 708, 712 (Me.1993). A fiduciary relationship has been found to exist in several categories of relationship, including business partners, see Rosenthal v. Rosenthal, 543 A.2d 348, 352 (Me.1988), families engaged in financial transactions, see Estate of Campbell, 1997 ME 212, ¶ 9, 704 A.2d 329, 331–32, and corporate relationships, see Moore v. Maine Indus. Servs., Inc., 645 A.2d 626, 628 (Me.1994); Webber v. Webber Oil Co., 495 A.2d 1215, 1224–25 (Me.1985).
We have noted, however, that a “general allegation of a confidential relationship is not a sufficient basis for establishing the existence of one.” Ruebsamen v. Maddocks, 340 A.2d 31, 35 (Me.1975). As with any duty, its existence must be informed by “the hand of history, our ideals of morals and justice, the convenience of administration of the rule, and our social ideas as to where the loss should fall.” Trusiani, 538 A.2d at 261. Although a fiduciary duty may be based on “moral, social, domestic, or [ ] merely personal [duties],” Ruebsamen, 340 A.2d at 34, it does not arise merely because of the existence of kinship, friendship, business relationships, or organizational relationships. A fiduciary duty will be found to exist, as a matter of law, only in circumstances where the law will recognize both the disparate positions of the parties and a reasonable basis for the placement of trust and confidence in the superior party in the context of specific events at issue.10 A court, therefore, must have before it specific facts regarding the nature of the relationship that is alleged to have given rise to a fiduciary duty in order to determine whether a duty may exist at law.
Actually you are wrong, wrong, wrong again. And if I can add, you're also full of shit because if you have all this information then you do not have "an honest question" about the child abuse situation with the WT, which is the bullshit that you started this thread with. You just want to start something, as you yourself have proven here. You're just another classic case of passive/aggressive trolling.
You are citing the law, not the cases that were settled in which it was determined that the WT was in fact in a fiduciary relationship with the defendants. That may not have been the case in the cases that you cite, which I do not know, but it was not the case in any of the following cases that (a) were settled and (b) and were determined that the WT did in fact had a fiduciary responsibility with their victims.
Here are the cases:
Amy vs. Jehovah's Witnesses
Bradley et al vs Jehovah's Witnesses
Charissa et al Coordinated Cases vs Jehovah's Witnesses
Churchfield vs Jehovah's Witnesses
Daniel Wes et al vs Jehovah's Witnesses
Grafmyer vs Jehovah's Witnesses
Julianne Wimberlu Gutierrez et al vs Jehovah's Witnesses
Kaleena et al vs Jehovah's Witnesses
Ken L vs Jehovah's Witnesses
Morley at al vs Jehovah's Witnesses
Tabitha H vs Jehovah's Witnesses
Tim W vs Jehovah's Witnesses
So what is good for you is good for me too. I prove my case the same way you do, not that you need any proof because you obviously aren't here wanting information or answer to a question.
One more thing before I send you to hell: Even if what you state is the case in every single case, which is not (May I also point that I have more cases proving my point than you proving yours?) What I posted in my original was "conveniently" not addressed. Don't think for a second that the rest of what I mentioned gets cancelled in any way shape or form. So here it is again, see if any of this answers your "innocent honest question":
First: currently there are plenty of laws that protect children. Every state has specific laws and there are plenty of federal laws that protect all kinds of harm that the children may be. There's no need to create more laws.
Second: not sure where you get that we are more interested in attacking the WT, or that we have no interest in legislation and law. Since the laws already exist, we hold the WT responsible for their disgusting position about child abuse, and for the lack of care for children. Don't expect people to be nice about it if we know that they protect pedophiles and have to be sued for them to admit that they are doing that.
Third: Covering for pedophiles is not the only immoral act that the WT commits against children. I for once can tell you that I grew up going to the KH hearing about fornication, orgies, adultery, bestiality, Babylon the Great having sex with a dragon, beheadings, genocide, rape, slavery, incestuous relationships, children getting killed, children getting sold into slavery, children getting murdered for making fun of a person's lack of hair, etc. You know very well that all kinds of subjects are openly talked about in KHs with children present. JW kids get exposed to all kinds of violent events, sexually inappropriate subjects and all kinds of things that are not suitable for them. That happens every week in every KH. The WT shows no regard for children at all. If that doesn't give you a clue about the WT not caring about the well being of children, I don't know what does.
Fourth: What do you think that the events and cases that are currently being seen in court are doing? They are holding them responsible.
Fifth: It is extremely naive to expect that written laws are going to stop pedophiles and child abusers from causing harm to children. It's not a matter of laws or legislation. JWs have to stop blindly accepting anything and everything that the WT tells them; that's the bottom line. You cannot legislate attitude, you cannot legislate indoctrination, you cannot legislate brainwashing and blind devotion. It really boils down to parents blindly trusting that the WT is acting in their best interest when they are not. There's no law that can enforce people to act appropriately. proof of that is that those laws actually exist and people, including the WT, just don't follow them.
Now you and your trolling can go to hell.