CHILD USA, together with Public Justice, Equal Rights Advocates, and the National Center for Victims of Crime drafted this amicus brief arguing in favor of the constitutionality of California’s civil revival law for child sexual abuse claims and asking the Court to reject Defendant’s argument that...
GREGORY COHANE v. THE HOME MISSIONERS OF AMERICA d/b/a GLEMARY HOME MISSIONERS, ROMAN CATHOLIC DIOCESE OF CHARLOTTE, NORTH CAROLINA, and AL BEHM
CHILD USA filed this brief in support of Plaintiff-Appellant seeking reversal of the Superior Court decision dismissing their negligence claims on the grounds that the SAFE Child Act's revival window provision does not apply to claims against entities. CHILD USA argues that the express language of...
MICHAEL TAYLOR V. THE PINEY GROVE VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC. AND MICHAEL TODD PROGRAM
In 2019, the North Carolina General Assembly passed the Sexual Assault Fast Reporting and Enforcement Child Act. Defendants in this case have challenged the constitutionality of the Act’s provisions that revive claims for child sexual abuse, claiming they have a vested right in a statute of...
KAJA SOKOLA v. HARVEY WEINSTEIN ET AL.
This amicus brief was written as a response to Defendant Weinstein’s challenge to the constitutionality of the revival provisions of the Child Victims Act in New York. Issues include whether CPLR § 214-G is constitutional under the New York Constitution’s Due Process Clause and whether the...
VIRGINIA L. GIUFFRE v. PRINCE ANDREW, DUKE OF YORK, a/k/a ANDREW ALBERT CHRISTIAN EDWARD, in his personal capacity
In 2019, the New York General Assembly passed the Child Victims Act that revived child sexual abuse claims for one year. Due to the judicial barriers caused by the COVID-19 pandemic, including court closures, the Legislature extended the revival window for an additional year. Defendant in this...
EMMETT W. CALDWELL v. CITY OF NEW YORK; NYC BOARD OF EDUCATION, et al.
In August 2021, the Southern District of New York dismissed the case of the plaintiff, finding that the provisions of the New York Child Victims Act that revive claims for child sexual abuse are limited to those for which the plaintiff is under age 55. CHILD USA wrote this amicus brief, arguing...
M.R. v. ESCONDIDO UNION SCHOOL DISTRICT, ET AL.
In 2019, the California Legislature amended Cal. Civ. Proc. Code § 340.1 to revive previously-expired civil claims for child sexual abuse. The Defendant argues that the revival provisions are unconstitutional under the California Constitution as applied in this case. CHILD USA wrote this amicus...
HOULLAHAN, CUMMINGS, & EDWARDO v. GELINEAU
CHILD USA filed this brief supporting the Appellant's appeal to the Supreme Court of Rhode Island. Here, CHILD USA argues that the revival provisions in Rhode Island's section 9-1-51 violate neither the United States Constitution, nor the Rhode Island Constitution. [pdf-embedder...
JA/GG DOE 146 v. THE ROMAN CATHOLIC ARCHDIOCESE OF NEWARK, et al.,
CHILD USA filed this brief in supporting Plaintiff's Opposition to the Defendant's Motion to Dismiss. The Defendant claims the revival provisions of the New Jersey Child Victims Act are unconstitutional and offend the Defendant's due process rights, as applied. CHILD USA argues that New Jersey...