Childhood sexual abuse lawsuits hampered by court shutdown

Capitol PressRoom
With New York’s courts on pause and the clock ticking on the Child Victims Act’s look back window, Governor Cuomo took executive action to extend the window. James Marsh, Partner at the Marsh Law Firm, discussed the impact this will have for survivors seeking civil legal action. https://soundcloud.com/user-18109193/05-14-20-cpseg3

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State judge upholds constitutionality of Child Victims Act

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A state judge on Wednesday upheld the constitutionality of New York's landmark law that lifted the statute of limitations on sexual abuse claims from years ago. In doing so, state Supreme Court Judge Steven Jaeger of Nassau County rejected a bid by the Diocese of Rockville Centre to dismiss 44 lawsuits filed against it under the Child Victims Act. Enacted in 2019, the law created a special “look back” period in which New York is allowing the filing of molestation lawsuits previously blocked by time limits. An attorney representing many claimants hailed ...

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Judge throws out constitutional challenge to Child Victims Act

The Telegraph
ALBANY – A state Supreme Court justice ruled on Wednesday that New York's Child Victims Act, which has given survivors of sexual abuse the ability to file decades-old complaints against their alleged offenders, is constitutional. The decision was a loss for the Rockville Centre Catholic Diocese on Long Island, which had filed a motion to dismiss Child Victims Act cases lodged against the institution in November. The diocese, facing more than 40 claims under the law, argued that the act violated due process rights afforded in the state Constitution – but ...

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Child Victims Act Does Not Violate Diocese’s Due Process Right, Nassau Justice Rules

New York Law Journal logo
The Child Victims Act does not violate the Catholic Diocese of Rockville Centre’s due process right under New York’s constitution, a Nassau County Supreme Court justice has ruled. “Based on this legislative history, the court finds the Child Victims Act is a reasonable response to remedy the injustice of past child sexual abuse,” wrote Justice Steven Jaeger in a ruling filed Wednesday. Jennifer Freeman with the Marsh Law Firm described the ruling as a victory for survivors and their families. She issued a statement saying the ruling ”is further proof ...

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Child Victims Actions May Be Filed Before Window Closes, Despite New Lawsuit Ban, Court Official Says

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Despite a ban on new lawsuits imposed during the coronavirus outbreak, New York State’s Unified Court System will give survivors of child sex abuse an opportunity to file their claims before time runs out on a “look-back window” opened for older accusations, according to a state court spokesman. Lawyers and accusers have deep uncertainty over whether a tolling order from Gov. Andrew Cuomo—which paused statutes of limitation—will apply to the act’s one-year window. James Marsh, a partner at the Marsh Law Firm, said he believes the tolling applies to CVA ...

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Pandemic Stalls CVA Cases in NYC

The Child Victims Act (CVA), which was enacted last year, is widely lauded for opening up the time frame for victims of child sexual abuse to file lawsuits over claims that were previously barred from court due to the statute of limitations. Amid the pandemic that has nearly clogged the wheel of justice, state lawmakers are yet to decide on extending a one-year legal window that allowed survivors of child sex abuse to sue over decades-old allegations. The legal window is set to close in August, but New York’s court system is no longer accepting CVA lawsuits. Since ...

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Window Opens to File Abuse Claim

There are many reasons that victims of childhood sexual abuse may not have filed charges against their abusers. One reason could be that the time allotted by a statute of limitations has run out. But the Child Victims Act, passed in August 2019, gives childhood sexual abuse victims an additional year, known as a “lookback window,” to press civil charges against an abuser. Attorney Jennifer Freeman of the Marsh Law Firm represents victims with sex abuse claims. She wants Floridians who may have been abused in New York to know about this recent change in the law. ...

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New York Lawmakers Decline Chance to Extend ‘Look-Back Window’ in Child Victims Act

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State lawmakers took a pass last week on extending a one-year legal window that allowed survivors of child sex abuse to sue over decades-old allegations.  The Child Victims Act, enacted last year, opened up the time frame for victims of child sexual abuse to file lawsuits over claims that were previously barred from court due to the statute of limitations. The legal window is set to close in August, but New York’s court system is no longer accepting CVA lawsuits under new restrictions spurred by the deadly coronavirus pandemic. The state’s court system has ...

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Child Victims Act: Time running out for lawyers, accusers with hundreds more cases pending

The New York window for filing Child Victims Act suits ends in August, but one prominent law firm is calling for a one-year extension. Perhaps most disturbing, say plaintiffs lawyers, is that time is running out for some to file with so much work to be done. Time is also running out for clients as they age and health concerns catch up with them. Jennifer Freeman, a senior attorney with New York-based Marsh Law, has already lost one client, not to other firms, but to time itself. Freeman said a client, who had filed anonymously and ...

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Buffalo Catholic Diocese files for bankruptcy

The Buffalo Catholic Diocese has announced the formal filing for Chapter 11 reorganization in federal court, under the U.S. Federal Bankruptcy Code. The move had been expected for some time. Interim Bishop Edward Scharfenberger will hold a press conference to address the situation at 1 p.m. Friday. According to the petition, the diocese has somewhere between $10 million to $50 million in assets, between $50 million to $100 million in liabilities, and anywhere from 200 to 1,000 creditors. The diocese owes $3.5 million to its 20 largest unsecured creditors. The ...

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