Sexual Abuse

News & Analysis as of

Sixth Circuit Holds Coverage Unavailable for Perpetrator of Sexual Misconduct

In its recent decision in Clifford v. Church Mutual Ins. Co., 2016 Fed. Appx. 0373N (6th Cir. July 5, 2016), the United States Court of Appeals for the Sixth Circuit, applying Ohio law, had occasion to consider the coverage...more

Recognizing the Signs of Nursing Home Abuse

Nursing home abuse is a significant problem in the United States that affects thousands of innocent victims every year. Unfortunately, it is difficult to get an accurate measure of the scope of the problem, and the National...more

News from Second and State

Budget, budget, budget. While the budget debate was at the forefront of activity this week, there were a number of other developments on the legislative front. Here’s a rundown of some noteworthy non-budget happenings this...more

District Potentially Liable for Hiring Teacher Alleged to Have Inappropriately Touched Students

Poe v. Southeast Delco Sch. Dist., 2015 U.S. Dist. LEXIS 168598 (E.D. Pa. Dec. 16, 2015): Hiring a teacher with past allegations of sexual misconduct toward students made the district and an administrator potentially liable...more

Court Limits Advance Payments That Toll Statute of Limitations Under Insurance Code Section 11583

In Doe v. Roman Catholic Archbishop etc. (No. B264947, filed 5/26/16), a California appeals court held that gifts lavished on victims by a molesting priest did not constitute advance or partial payment of damages sufficient...more

Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?

Despite lawsuits and persistent legal uncertainties, the “sharing economy” is booming, and the companies at its forefront continue to grow. Some of these businesses are a natural complement to the hotel industry, while...more

Making The Divorce Process Easier For Victims Of Spousal Abuse

Pennsylvania allows parties to a divorce action to seek both no-fault and fault divorces. While fault remains available, the overwhelming majority of divorces are granted under no-fault grounds. The statutory framework for...more

White Collar & Investigations: Hastert Receives 15 Month Sentence in Federal Structuring Case

In June of last year former Speaker of the United States House of Representatives Dennis Hastert was indicted for structuring and false statements to the FBI in an investigation that focused on more than $900,000 in cash...more

Latent Claims of Childhood Sexual Abuse––the Delayed Discovery Rule and Certificates of Merit

On March 22, 2016, in Latrice Rubenstein v. Doe No. 1 (Case No. D066722), the Fourth Appellate District, Division One, held that the delayed discovery rule set forth in the pertinent statute of limitations, Code of Civil...more

Health Alert (Australia) - February 29, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland 17 February 2016 - Inquest into the death of Rick Dudley Dickinson Mr Dickinson presented to hospital...more

ESSA, Sexual Misconduct, and “Passing the Trash”

There is a new provision in the Every Student Succeeds Act (“ESSA”) entitled “Prohibition on Aiding and Abetting Sexual Abuse.” It attempts to prevent school employees who have engaged in sexual misconduct with students from...more

Safe Havens: Preventing Student Sexual Abuse Starts With You

School districts have legal and ethical obligations to promote safe and healthy environments in which students can thrive. Victims of childhood sexual abuse experience myriad adverse health and educational outcomes. School...more

Child Protection Policies: Training for Children?

One question that always comes up when I advise organizations about youth protection policies is what sort of training to provide to children. Whether to include that training is simply a matter of your professional judgment...more

Potato Packing Companies to Pay $450,000 to Settle EEOC Suit for Sex Harassment and Retaliation

At Least 13 Women at Monte Vista Plant Physically and Verbally Abused and Three Fired for Refusing to Submit or Complaining, Federal Agency Charged - DENVER - Two potato packing companies will pay $450,000 and furnish...more

Empacadoras de Papas Pagaran $450,000 Para Resolver Demanda de Discriminación por Acoso Sexual y Represalias

Por lo menos 13 Mujeres en la Planta de Monte Vista Fueron Abusadas Física y Verbalmente y Tres Despedidas Por Rechazar Avances o Quejarse, Alega la Agencia Federal - DENVER - Dos empacadoras de papas pagarán $450,000...more

Retaliation claims can sink an employer

Retaliation claims of any variety are potentially explosive for employers. Nothing angers jurors, courts or governmental agencies like an employee’s accusation they were fired in retaliation for exercising their rights or...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Africa Update - July 2015 #2

In This Issue: - Leading the News - United States – Africa Relations - North Africa - East Africa - West Africa - Sub-Saharan Africa - General Africa News - Excerpt from Leading the...more

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

Religious Institutions: June 2015

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

“Burt’s Law” Places New and Enhanced Responsibilities on Employees and Volunteers In Facilities Providing Care for Those with...

According to press reports across North Carolina, Burt Powell was a resident of a group home for adults with mental disabilities. His parents placed him in the facility to increase his chances of achieving a more independent...more

Negligence –Duty Owed by a Religious Organization to One of its Members Who Has Been Harmed By Another Member

Candace Conti v. Watchtower Bible & Tract Society of New York, Inc., et al. - Court of Appeal, First Appellate District (April 13, 2015) - Historically, churches have not been found vicariously liable for the...more

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

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