Child Victims Act and Sexual Misconduct Coverage and Defense Visit Practice Area →
A newly proposed law in the New York State Senate, which would provide a one-year lookback window for adult survivors of sexual assault, was reported out of the Senate Judiciary Committee this week. The proposed law, known as the Adult Survivors Act (“Act”), would implement a one-year lookback window for individuals who were sexually assaulted as adults to file claims against their abusers, even if the statute of limitation has already expired.
As of August 3, 2020, Governor Andrew Cuomo has signed into legislation (S7082/A9036) extending the “look-back” period of the Child Victims Act, which was set to expire on August 14, 2020, to August 14, 2021.
With the New York lawmakers returning to work, the NYS Legislature has been working to address a number of timely issues, including the (until recently) quickly dwindling CVA lookback window and a multi-bill package intended to reform New York's various law enforcement agencies.
Governor Cuomo announced that the CVA “lookback” window would be extended by five months, now closing on January 14, 2021.
City & State New York: Attorney Dan Kohane Quoted in "Coronavirus Leaves Child Victims Act Cases in Limbo"
Advocates and attorneys have noted that it remains unclear whether NY on PAUSE applies to the Child Victims Act look-back window. Attorney Dan Kohane is quoted on how this will affect insurance companies in the article "Coronavirus leaves Child Victims Act cases in limbo" in the May 4, 2020 edition of City & State New York.
The Right To Refill, Senate Bill S. 6813 and an analysis of a plaintiff’s right to litigate anonymously.
A pending bill was just introduced at the end of October 2019 that has some interesting implications on the restaurant industry. In addition, there are new rulings on issues arising under the Child Victims Act—recently, out of New York County, the Court engaged in a multifactor examination of a plaintiff’s right to litigate anonymously.
Attorney Dan Kohane is quoted in this week's The Wall Street Journal on the Child Victims Act and the impact on insurance coverage.
If you, or an insured, are served with a Summons & Complaint in the coming days, here’s where to start.
The Archdiocese has filed a lawsuit in the State of New York, Supreme Court, New York County against over 30 insurers who issued insurance policies to the Archdiocese from the early 1950s to 2000.
Attorney McCarthy was featured for her article on "How the Child Victims Act will Impact Public Schools."
Attorney Anastasia McCarthy discusses additional points about the newly signed act.
"Child Victims Act extends statute, puts onus on institutions" in February 19, 2019 issue of the Buffalo Law Journal.