Sexual Abuse

News & Analysis as of

In Childhood Sexual Abuse Case, California Appellate Court Finds Church has No Duty to Prevent Its Members from Harming Each Other

In Conti v. Watchtower Bible & Tract Society of New York, Inc. (filed 4/13/15, A136631), the California Court of Appeal, First District, reversed an award of $8 million in punitive damages, on the ground that a Jehovah’s...more

Federal Court Dismisses Accused Student’s Title IX Lawsuit Against Vassar College

Last week, a federal judge in New York (Abrams, J.) dismissed an accused student’s lawsuit against Vassar College alleging that the institution discriminated against him by failing to conduct an equitable investigation into a...more

Facebook Post Lands Teacher in Hot Water

On January 18, 2015, two South Hills High School teachers were arrested for allegedly having sexual relations with students at the beach. According to the Orange County Sherriff’s Department, one of the teachers, Melody...more

Harvard and OCR Enter into a Resolution Agreement – More Guidance for the Rest of Us

In the closing weeks of 2014, OCR announced its findings with respect to Harvard Law School’s Title IX compliance, as well as a resolution agreement which subjects the Law School, and the University, to monitoring for at...more

Teacher And School Civil Liability For Sexual Abuse Of A Student

B. (A.) v. D. (C.), [2011] B.C.J. No. 1087, 2011 BCSC 775, per Gray J. [3851] The plaintiff AB sued a teacher CD and the Board of School Trustees of District EF with respect to alleged sexual abuse she claimed to have...more

Who pays when the authorities come calling? Syracuse Univ. v. National Union Fire Ins. Co. of Pittsburgh, P.A.

With the seemingly endless stream of federal and state investigations implicating institutions of higher education, a recent New York decision offers a glimmer of hope to those schools that find themselves in the cross-hairs....more

Statutes of Limitations for Civil Actions Based on Childhood Sexual Abuse

There has been persistent media coverage about childhood sexual abuse. In some cases, victims who were sexually abused years ago, have brought civil lawsuits against perpetrators and their affiliated organizations despite the...more

First Circuit Addresses Definition of “You” in Liability Policy

In its recent decision in Metropolitan Prop. & Cas. Ins. Co. v. McCarthy, 2014 U.S. App. LEXIS 10622 (1st Cir. June 5, 2014), the United States Court of Appeals for the First Circuit, applying Maine law, had occasion to...more

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

Forced Sex During Marriage Can Lead to a Protection From Abuse Order

Did you know that a spouse can get a protection from abuse order against the other for forced sex? That is what happened in the recent case of Boykai v. Young, 2004 Pa. Super. 4 (January 7, 2014). In Pennsylvania, the...more

Church Whistleblower Regrets not Having Blown Her Whistle Stronger

Jennifer Haselberger calls the Catholic Church her home. Two relatives went into religious life. Haselberger was a canon lawyer for the archdiocese until she could no longer tolerate her warnings of sexual abuse being ignored...more

Reporting Child Abuse

Most health care providers believe they understand their duty to report child abuse, but... There are a number of overlapping and apparently conflicting public policy objectives and the legal requirements can get...more

California Senate Introduces Bills to Expand Abuse Claims

For our readers who are involved in insuring public and private entities against sexual abuse claims, you may be interested to know that legislation to reform the civil and criminal statute of limitations for childhood sexual...more

Agricultural Sector Companies Face Increased Scrutiny on Human Rights-Related Risks

Agricultural sector companies, and companies with large agricultural supply chains, face new scrutiny from investors and other stakeholders concerning human rights-related risks in their corporate supply chains. Key issues...more

PA Senate Approves Bill Dramatically Expanding Abuse Reporting Requirements at Colleges and Universities

On October 16, 2013, the Pennsylvania Senate unanimously passed Senate Bill 31 which, if approved by the House of Representatives and signed by Governor Corbett, would substantially expand colleges’ and universities’ child...more

New Jersey SAFE Act Poster Available

The New Jersey Department of Labor and Workforce Development is making available to employers a poster notifying employees of their rights under the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). The NJ SAFE...more

Newly Enacted California Statutes

California has amended Cal. Lab. Code § 218.5 to limit the circumstances under which an employer may recover its attorney’s fees and costs as the prevailing party in a lawsuit in which an employee has sued for nonpayment of...more

Religious Institutions Update: October 2013

The legitimacy of political speech from the pulpit is much debated. Some contend that religious institutions should be silent, because of separation of church and state or the inaccessibility of divine inspiration to...more

Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case  [Video]

Sept. 12 (Bloomberg) -- The possibility that the most significant decisions affecting Detroit will not be made in bankruptcy court elevates the motor city to the "Case of the Week" status on the bankruptcy video with...more

Bill on Bankruptcy: US Airways Need a Merger More than AMR  [Video]

Aug. 15 (Bloomberg) -- The strength of the U.S. Justice Department's antitrust suit to block the merger between AMR Corp. and US Airways Group Inc. is the first topic on the video with Bloomberg Law's Lee Pacchia and...more

New Jersey SAFE Act Becomes Law

New Jersey grants the right to take leave from work to victims of domestic violence and their family members. On July 17, Governor Chris Christie signed into law the New Jersey Security and Financial Empowerment Act...more

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

NJ SAFE Act gives up to 20 days of unpaid leave to employees victimized by domestic or sexual violence – takes effect October 1,...

New Jersey Governor Chris Christie has signed the New Jersey Security and Financial Empowerment Act (NJ SAFE Act) into law, with an effective date of October 1, 2013. ...more

The Basics Of Complying With The “Dear Colleague” Letter Issued By The U.S. Department Of Education On April 4, 2011

This is part one of a four-part series discussing compliance with the “Dear Colleague" Letter on Sexual Violence issued by U.S. Department of Education Office for Civil Rights (OCR) on April 4, 2011, as well as subsequently...more

New Jersey's New Law Requires Unpaid Leave for Victims of Domestic or Sexual Violence

On July 17, 2013, New Jersey Governor Chris Christie signed S-2177 – the New Jersey Security and Financial Empowerment Act ("NJ SAFE Act") – to require that employers provide unpaid leave to employees affected by domestic or...more

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