Partners Michael E. Appelbaum and Christina Holdsworth, who focus their practice in Civil Litigation and Trial, co-authored the article “NY Adult Survivors Act Look-Back: What Orgs Must Know” for Law360. The piece discusses the opening of the look-back window that opened on November 24, 2022, which allows survivors of sexual assault and abuse who were over 18 when their abuse occurred to file lawsuits against their abusers regardless of when the abuse took place.
Michael and Christina discussed who is most likely to have claims brought against them, what to do if a suit is brought, and what might happen moving forward as the constitutionality of the act is expected to be challenged.
“When the CVA [Child Victims Act] was introduced,” they noted, “many questioned its constitutionality, given the anticipated challenges to defending these claims.”
These same challenges are expected to be brought up against the Adult Survivors Act (ASA).
“Even if an organization is never served with a claim under the ASA, it should take the time to make sure it is utilizing best practices when it comes to screening potential employees, and that its policies with respect to sexual misconduct, training, prevention and reporting are up to date. While current practices will not necessarily affect the defense of an ASA claim, an organization will be better served in the future if its staff is up to date on all related policies and trainings.” Michael and Christina said.
“The same basic handful of plaintiffs’ firms are handling the bulk of CVA claims. Although these claims were designed to be on an expedited track, with a planned resolution within 12 months, that proved to be an impossible task,” wrote Michael and Christina as they expect these cases could take years to be finalized.
READ THE ARTICLE HERE: “NY Adult Survivors Act Look-Back: What Orgs Must Know,” Law360, January 9, 2023
MORE ABOUT GOLDBERG SEGALLA’S MICHAEL APPELBAUM AND CHRISTINA HOLDSWORTH
Michael Appelbaum, a leader of the firm’s Retail and General Liability Practice Groups, is a seasoned litigator who tries cases in the state, federal, and appellate courts of New York involving personal injury, sexual torts/abuse, truck and motor vehicle accidents, and the sports and entertainment industry. As Leader of the Firm’s Sexual Tort and Abuse Defense Team, Mr. Appelbaum has successfully represented businesses, institutions, religious orders and national entities in the defense of abuse claims arising out of the Child Victims Act and the Adult Survivors Act. His diverse background also includes the representation of professionals practicing in the medical, mental health and fitness industries. Michael has obtained successful results for his clients at every level of court in New York State.
Christina G. Holdsworth focuses her practice on matters involving personal injury, trucking and motor vehicle accidents, sports and recreation accidents, sexual torts and defamation. Within these areas of the law, she defends professionals, fitness facilities, non-profits, sporting arenas, municipal entities, businesses, security companies, and more. She has a particular focus on the defense of OPWDD, OMH and other mental hygiene agencies, including understanding the unique laws and regulations for these types of facilities.