NEW YORK
The Jewish Daily Forward
By Paul Berger
Published February 19, 2014.
An appeals court in New York will examine dueling decisions by federal judges in two recent high-profile child sex abuse lawsuits and, at least in the Northeast, the court’s decision is likely to affect the access future child victims will have to civil remedies years after their alleged abuse.
Lawyer Kevin Mulhearn represented plaintiffs in both cases, which were filed long after New York State’s statute of limitations for child sex abuse suits.
In the first case, against Poly Prep Country Day School in Brooklyn, Mulhearn persuaded a judge that the school’s cover-up of abuse and the positive statements it made about an abuser were enough to override the state’s statute of limitations.
But Mulhearn lost his second case, a $680 million lawsuit against Yeshiva University, in January of this year, despite using an identical legal strategy.
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