Federal judge tosses several claims against Varsity, USASF in Rockstar Cheer abuse cases

A federal judge has tossed several claims against two national cheerleading organizations in four pending lawsuits alleging a range of sexual and physical abuse that occurred at the shuttered Rockstar Cheer in Greer.

However, claims of gross negligence against Varsity Brands, Varsity Spirit and the United States All Star Federation were upheld.

The federal lawsuits, consisting of 12 total plaintiffs, were filed following the death of Rockstar Cheer owner, Scott Foster, in August 2022.

The span of abused alleged against Foster and seven other coaches include rape, providing drugs and alcohol to athletes, groping and inappropriate touching and the exchange of sexual messages and images. In most instances, the lawsuits allege the abuse occurred when the anonymous plaintiffs were minors.

The lawsuits, filed by Strom Law Firm in Columbia, also alleged institutional failures among national cheerleading institutions like Varsity Spirit, which organizers cheer competitions, and USASF, all-star competitive cheerleading’s governing body. The lawsuits not only accused the entities of gross negligence for failing to intervene and protect athletes from abuse, but also alleged the companies maintain an exploitive network that “created, organized and propagated a system of young-athlete abuse against innocent victims."

Dig deeper: One mother had enough at Rockstar Cheer before disturbing allegations arose

The federal judge, Henry M. Herlong, Jr., tossed most of the 10 claims against Varsity Spirit, Varsity Brands and Varsity Holding Company, all collectively referred to as “Varsity Defendents” and USASF on June 20 and June 21.

Claims of gross negligence, negligent security and unjust enrichment against Varsity were upheld in all four lawsuits. Claims of gross negligence and breach of contract against USASF were upheld in all four cases, however, only one lawsuit pertaining to nine plaintiffs also maintained a claim of negligent security and unjust enrichment.

The judge dismissed some of the more robust legal claims of racketeering, fraud and civil conspiracy against the entities, among others. Claims the organizations violated the Child Abuse Victims Rights Act which provides legal recourse in cases of child sex abuse, sex trafficking and distribution of pornography were also dismissed.

The entangled relationship between the two cheer entities, based in Memphis, has often been criticized as an unregulated monopoly.

USASF upholds rules and regulations for Varsity sponsored competitions and requires paid membership dues for gyms to participate in events nationwide. The organization handles complaints of abuse and maintains an ineligibility list of banned and suspended coaches from participating in USASF-sanctioned events, many of whom have been accused of sexual and physical abuse.

Previous reporting: USASF, key defendant in Rockstar lawsuit, files to dismiss, denies wrongdoing

However, the lawsuits allege some plaintiffs reported alleged abuse at the hand of Rockstar coaches to the governing cheer bodies, only to be ignored or dismissed. A 2020 investigation by USA Today found USASF’s complaint process was inherently flawed and that complaints of abuse to the organization were often delayed or paused, allowing accused abusers to continue interacting with athletes.

In the lawsuits against Foster and Rockstar Cheer, Judge Herlong upheld claims of gross negligence and opined Varsity and USASF owed the plaintiffs a duty of care. Defendants knew about the dangers of competitive cheer, created rules to address the risk of sexual and physical exploitation of minor athletes and still failed to properly vet and investigate coaches, the lawsuits note.

In one case, despite a USASF-imposed suspension for drinking alcohol with minors, Foster was allowed to continue engaging with minors, the lawsuits allege.

Rockstar Cheer scandal: What to know about Scott Foster lawsuits, allegations

Claims of unjust enrichment were upheld because it was properly alleged that Varsity and USASF retained competition fees and various expenses, such as membership dues, from the plaintiffs in inequitable circumstances.

The judge has yet to rule on motions from additional defendants including Varsity’s owner Bain Capital, former owner Charlesbank Partners, former president and “brainchild” of the competitive cheer world, Jeff Webb. The organizations are at the center of several additional lawsuits against all-star cheerleading gyms across the country.

Rockstar Cheer, Foster’s estate, Foster’s widow, Kathy Foster, and other named Rockstar coaches have all denied wrongdoing.

A South Carolina judge denied Varsity's and USASF's motion to dismiss in a separate case in state court against the organizations, Rockstar Cheer and Foster in March. The state lawsuit, alleging Foster “persuaded” a minor athlete “into performing various sexual acts including oral and penetrative sex" is also on-going.

Kathryn Casteel is an investigative reporter with The Greenville News and can be reached at KCasteel@gannett.com or on Twitter @kathryncasteel.

This article originally appeared on Greenville News: Judge tosses claims against Varsity, USASF in Rockstar Cheer cases