Judges Slam Yeshiva University in $680 Million Abuse Case

NEW YORK
The Jewish Daily Forward

By Paul Berger
Published August 28, 2014.

Imagine you are in a car accident. It’s the other guy’s fault, and you know your insurance company will sue his. But should you then and there investigate the car manufacturer for deliberately ignoring a mechanical fault, even if you have no reason to know that’s true?

That’s essentially the question United States Circuit Judge Guido Calabresi asked August 28 as he lambasted a Yeshiva University lawyer for claiming that dozens of former schoolboys ought to have sued Y.U. decades ago for a sexual abuse cover-up.

Y.U.’s lawyer, Karen Bitar, argued that students should have found out soon after they were assaulted, during the 1970s, 1980s and 1990s, that Y.U. was deliberately indifferent to the fact that it employed abusive staff. Calabresi said: “It seems to me that’s a mighty hard way to look at this.”

Thirty-four former students of Yeshiva University High School for Boys sued Y.U. for $680 million in 2013. They claimed Y.U. administrators, trustees, and other staff, facilitated a massive, decades-long cover-up of abuse at the Y.U.-run high school.

They said that they first found out about the cover-up in a December 2012 article in the Forward.

The lawsuit was dismissed in January 2014 by United States District Judge John G. Koeltl. He cited federal and state statutes of limitations, noting that “the statutes of limitations have expired decades ago, and no exceptions apply.”

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