State Laws

State-by-state survey of Apportionment of Fault between negligent and intentional tortfeasors.

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  • Bill extends time limit on sexual abuse lawsuits

    By Travis Andersen, Derek Anderson, Jennifer Smith / Boston Globe

    BOSTON - The Massachusetts Legislature is on the verge of finalizing a bill that will give alleged child sexual abuse victims an additional 32 years to file civil lawsuits, a move one specialist said will open the door to thousands of new cases. The bill would extend the statute of limitations for filing suits against alleged perpetrators and, in future cases, the people or institution supervising them. Under the legislation, the victims would be able to file suits up to age 53, instead of the current limit of age 21.

     

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  • The Perils of Paroline v. United States and What Congress Must Do Next

    Professor Marci Hamilton

    The Supreme Court’s decision in Paroline v. United States cannot be an easy read for the victims of child pornography. It is filled with the legal jargon of statutory interpretation, restitution, and torts, because, in the Court’s defense, that is what the legal issues are about. For the survivors, though, this case is only about how to wring some justice out of the wild west marketplace in internet pornography. The guidance they receive in Paroline is unsatisfying, but it should not be disheartening. Congress simply has more work to do.

     

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  • NCVBA Member, Steve Kelly, Represents Woman in Lawsuit against Former Orioles Pitcher

    Mike Hellgren / BALTIMORE (WJZ)

    A former Baltimore Oriole is facing a multi-million dollar lawsuit. A woman claims Alfredo Simon raped her in a posh Washington, D.C. hotel.

     

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  • Parents of Boy Who Killed Self After Bullying Can Sue

    NBC News

    The parents of a 13-year-old boy who killed himself after being bullied in his Texas school can sue the school district, a federal appeals court has ruled. Jon Carmichael hanged himself in 2010 after months of what his parents claimed was non-stop bullying at the Joshua Independent School District that included being called homophobic slurs and being stripped of his underwear in a locker room..

     

    Read More

  • 2014 NCVBA National Conference Registration

     


     

    Registration is now open for the 2014 National Crime Victim Bar Association’s National Conference, Civil Actions for Criminal Acts, on September 17-19, 2014 in Miami, Florida!

     

    Register Here

  • Court considers Liability of Franchisor for the Death of Restaurant Worker During Armed Robbery

    September 3, 2014

    The U.S. District Court for New Mexico has allowed a lawsuit against Denny’s to proceed after finding that the restaurant chain could be liable if the victim’s estate proves the facts alleged in the lawsuit. The district court opinion is an excellent summary of franchisee/franchisor law.

    Read the opinion

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New Legislation Would Hold Child Sex Abusers and the Institutions that Facilitated Abuse Accountable

For Immediate Release
February 13, 2013

Contact: Darin Broton
             
Tunheim
              952.851.7286
              dbroton@tunheim.com

              Elizabeth Kitt
             
Tunheim
              952.851.7225
              ekitt@tunheim.com

 St. Paul, Minn. – A group of law enforcement officers and child sexual abuse victim advocate organizations today announced their support for legislation that would give victims new opportunities to seek justice against their abusers and the institutions that facilitated the abuse. The legislation, the Minnesota Child Victims Act, will be introduced in the Minnesota House and Senate later this week. 

The Minnesota Child Victims Act would make it easier for Minnesotans who were sexually abused as children to bring civil lawsuits against their abuser or the institution that facilitated the abuse. The legislation would remove the current statute of limitation that requires victims to file lawsuit within six years of becoming an adult. If the bill is passed into law, victims could file a lawsuit at any time no matter how long ago the abuse occurred.

 “Current state law treats child sexual abuse the same as fraud and product liability,” said Representative Steve Simon (DFL- St. Louis Park), author of the legislation in the Minnesota House. “Sexually abusing a child is a horrific crime and those who abuse children and the institutions that permit it need to be held accountable.” 

The legislation comes after a 2013 Adverse Child Experiences study by the Minnesota Department of Health showed 10 percent of Minnesotans were sexually abused as children. A recent survey by the National Center for the Victims of Crime indicated that one out of two Minnesotans know someone who was sexually abused as a child.

 “The Minnesota Child Victims Act removes barriers that prevent victims from coming forward and seeking justice,” said Senator Ron Latz (DFL-St. Louis Park), author of the legislation in the Minnesota Senate. “It sometimes takes decades for victims to confront the abuse, but current state law requires them to come forward before 24 years of age. Our legislation rightfully recognizes the healing process while holding abusers and institutions accountable.”

 The legislation is supported by numerous child abuse victim advocate organizations, including the National Center for Victims of Crime, Minnesota Coalition Against Sexual Assault, Minnesota Alliance on Crime, Minnesota Indian Women’s Resource Center, National Child Protection Training Center, Stop Abuse Campaign and 1in6.

 “The sexual abuse of children is a public health epidemic,” said Jeff Dion, deputy executive director of the National Center for Victims of Crime. “Victims of child sexual abuse have an increased risk as adults of alcohol and substance abuse, eating disorders, posttraumatic stress and suicide.”

In addition to advocate organizations, the Minnesota Child Victims Act is supported by local law enforcement officials, including Kanabec County Attorney Amy Brosnahan, Dakota County Attorney Jim Backstrom, Carver County Attorney Mark Metz and Mower County Attorney Kristen Nelson. Kathleen Blatz, former Chief Justice of the Minnesota Supreme Court, also supports the legislation.

 “Child Sexual Abuse is a crime shrouded in shame and secrecy,” said Blatz. “Nearly every state recognizes the unique nature of sex abuse and has special laws for holding accountable perpetrators and other responsible parties. Eliminating the civil statute of limitations will allow all victims to be heard and to seek justice.”

 Forty-one states recognize the unique nature of child sexual abuse cases and have separate statute of limitations for abuse lawsuits. California, Delaware and Hawaii are the only states that have allowed abuse cases with expired statute of limitations to move forward, but only gave victims a short window to file lawsuits. The Minnesota Child Victims Act would make Minnesota the only state to give victims the right to pursue civil lawsuits for expired cases without a time restriction.

 

About the National Center for Victims of Crime

The National Center for Victims of Crime, established in 1985, is the nation's leading resource and advocacy organization for crime victims and those who serve them. For more than 25 years, the National Center has led this nation's struggle to provide crime victims with the rights, protections, and services they need to rebuild their lives. Visit www.victimsofcrime.org for more information.

 

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