This amicus brief was written in response to Defendant’s challenge of the retroactivity of Mass. Ge. Laws. ch. 260 §§ 4C & 4C 1/2, which extended the statute of limitations of civil claims for child sex abuse to 35 years. Issues include whether Mass. Gen. Laws. ch. 260, §§ 4C & 4C 1/2...
Q.G v. City of New York, Spence-Chapin Services to Children and Families
CHILD USA wrote this amicus brief in support of Plaintiff-Appellant arguing that blanket governmental immunity is inconsistent with the legislative intent in passing New York's Child Victims Act.
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...
CHILD USA Responds to Bankruptcy Lawyer Fined for Alerting School to Priest’s Past Sexual Misconduct
A New Orleans attorney who represents victims of clerical sexual abuse was fined $400,000 by a federal bankruptcy court judge after he alerted a local Catholic high school that a priest who worked there, Paul Hart, sexually abused a teenage student at another institution in the past.
John Lousteau v. Congregation of Holy Cross Southern Province, Inc. and Holy Cross College, Inc.
CHILD USA filed this brief supporting the Appellant's appeal to the federal Fifth Circuit. The Appellants argue that the Eastern District of Louisiana erred in granting the Defendants' Motion to Dismiss. CHILD USA argues that Louisiana's Act 322 does not violate Louisiana's Due Process Clause....
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...