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Hurry up and Wait: Lawyers, Survivors See Little Motion on Early Cva Cases

By Cayla Harris
Times Union
January 23, 2020

https://www.timesunion.com/news/article/Hurry-up-and-wait-Lawyers-survivors-see-little-14999323.php

New York Gov. Andrew Cuomo, center, signs the Child Victims Act in New York, Thursday, Feb. 14, 2019. Cuomo has signed into law long-sought legislation that extends the statute of limitations so sexual abuse victims can have more time to seek criminal charges or file lawsuits.Seth Wenig/AP

ALBANY – Six months after the Child Victims Act went into effect, survivors and lawyers say hundreds of lawsuits have stalled in the pre-trial discovery stages.

In August, the act opened a one-year look-back period temporarily eliminating the civil statute of limitations on child sex abuse cases, allowing survivors of all ages to lodge lawsuits against their alleged offenders. The first filing day, Aug. 14, saw more than 400 lawsuits – and there have been about 1,000 more statewide in the months since.

But as attorneys await evidence from defendants, several cases have reached an impasse, leaving survivors waiting far after the closure of the look-back window to take their cases to trial or pursue settlements. Only a handful of cases have been settled, and the earliest trials are expected to take place in 2021 – but some have been scheduled as far as out 2023, attorneys said.

"We hear mostly from clients – in any case – it’s a longer process than a person who’s not in the legal system expects or wants," said Jennifer Freeman, an attorney with Marsh Law Firm, which has offices in Manhattan and White Plains. "You think you can go to trial in a few months, and it just doesn’t work like that."

The Marsh Law Firm has filed about 50 cases under the Child Victims Act and expects to file hundreds more before the end of the look-back period, Freeman said. She said her firm has settled a small number of cases, particularly with Rockefeller University, but most settlement discussions will begin after evidence has been collected, which can take months or years.

"The cases are still very early in each of their lives," she said.

Cynthia LaFave, an attorney based in Guilderland whose firm has filed 43 cases across New York, said judges overseeing Child Victims Act claims have been "attentive" and scheduled court appearances to discuss the status of discovery materials. Still, many of her cases are in a waiting period, as defense attorneys work behind the scenes to gather evidence and get in touch with people who may have information about a complaint.

She expects to hear more from defense teams by the summer, when lawyers can then begin discussing possible mediation or decide what the next steps are for a particular lawsuit. Her firm has yet to settle any cases.

"I think that there are discussions that are taking place all the time," LaFave said. "I think that, realistically, it may be after the window closes."

But even as early cases stall, lawsuits continue pouring into the courts. This week, two cases were filed against the Albany Diocese – the first, filed Tuesday, claims that diocese officials intentionally covered up the abuse of a teenage girl in 1968; the second, filed Thursday, alleges that a 13-year-old boy was abused by a priest from 1968 to 1969.

New York dioceses have been named in hundreds of Child Victims Act claims, as survivors allege decades of abuse and coverups. The Diocese of Buffalo, which Albany Bishop Edward B. Scharfenberger has recently stepped in to lead, has been the most-named defendant of all CVA cases.

“The diocese has responded and continues to respond to all those who have been abused, whether or not they pursue civil litigation through the CVA," Albany Diocese spokeswoman Mary DeTurris Poust said in an email. "We have no comment on the litigation process itself. Bishop Scharfenberger is focused on the healing and well-being of survivors.”

She declined to say whether the diocese has settled or is considering settling any lawsuits.

And in the state Capitol, legislators continue to evaluate ways to build upon the act. This session, the Legislature will consider bills to extend the look-back window and to establish a state-run private fund to help attorneys to take on more cases. On Thursday, state Sen. Alessandra Biaggi, D-Bronx, announced three bills she has introduced to further legal protections for victims of child sex abuse.

 

 

 

 

 




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