March 4, 2025: Buffalo Diocese Bankruptcy Slow Progress

The Buffalo Diocese’s bankruptcy has become an exhausting, years-long ordeal—one that drags survivors through their trauma over and over again with no resolution in sight. Five years after the diocese filed for Chapter 11 in the face of over 150 Child Victims Act lawsuits, there is still no clear end in sight, only delays, legal maneuvering, and hollow assurances from church leadership. Survivors were told this process would bring them restitution and healing. But it has become a marathon of frustration, with victims left waiting while lawyers rack up more than $16 million in legal fees defending these cases and the bankruptcy.

Bishop Michael Fisher insists that the diocese’s primary goal has always been justice for the abused. We should take him at his word. But that is not being translated on the ground, and victims are very understandably frustrated.

February 28, 2025: 24 Sexual Assault Lawsuits Against Alexander Brothers

Once celebrated as high-flying real estate moguls, Tal, Oren, and Alon Alexander now find themselves at the center of an avalanche of legal troubles, facing at least 24 civil lawsuits and federal sex-trafficking charges. In a dramatic surge of last-minute filings, seven new lawsuits were lodged this week, as survivors raced to file claims before New York’s extended statute of limitations expired. The allegations paint a harrowing picture of sexual violence spanning over a decade, with accusations of drugging, coercion, assault, and even forced abortions.

The lawsuits extend beyond the brothers, implicating their parents, Douglas Elliman (their former brokerage), and the owner of a Hamptons estate known for its raucous parties. Survivors claim the Alexanders’ alleged abuse was an open secret, enabled by powerful allies who turned a blind eye. The brothers, currently jailed in New York and awaiting trial in 2026, maintain their innocence, with their lawyers dismissing the lawsuits as extortion attempts.

February 21, 2025: Great New Appellate Court Opinion

Yesterday, the New York Court of Appeals clarified an important procedural issue under the Child Victims Act, shutting down a school district’s attempt to avoid liability based on a technicality.

The case involved a plaintiff who sued her former school district, alleging that a teacher sexually abused her as a minor in 2009-2010. That teacher later pleaded guilty to rape in the third degree. The lawsuit was filed in April 2019 under the CVA, which revived previously time-barred child sex abuse claims. The school district litigated the case for over two years before abruptly moving to dismiss, arguing the suit had been filed too early—just months before the official August 14, 2019 start date. A federal court granted the motion, barring the case permanently since the CVA’s filing window had already closed.

On appeal, the Second Circuit asked the New York Court of Appeals to determine whether the six-month waiting period before the CVA’s filing window was a statute of limitations, a condition precedent, or something else. The court ruled it was neither, emphasizing that statutes of limitations bar late claims, not early ones. The waiting period was an administrative measure, not a legal roadblock for sexual abuse survivors.

This decision is significant for child sex abuse litigation. It prevents defendants from using procedural loopholes to escape accountability, especially after engaging in years of litigation. With this ruling, the case is back on track, and the Second Circuit is expected to overturn the dismissal, allowing the plaintiff to continue seeking justice.

February 15, 2025: Alexander Brother Lawsuits

Real estate moguls Alon, Oren, and Tal Alexander, once prominent figures in Manhattan and Miami, were arrested on December 11, 2024, and charged with sex trafficking. Federal prosecutors allege that Tal and Oren used their industry connections to lure women under false pretenses before drugging and assaulting them. Alon, though not in real estate, was involved socially.

If convicted, they face 15 years to life in prison. Survivors are encouraged to seek legal assistance in civil lawsuits targeting the brothers’ wealth.

Our lawyers are investigating these cases.

February 2, 2025: $25 Million Verdict

A plaintiff was awarded $25 million in a New York Supreme Court case under the Child Victims Act, alleging years of sexual abuse by a family member starting in childhood. Justice Sabrina Kraus issued a default judgment after the defendant failed to appear at trial, rejecting an unfiled bankruptcy petition as a delay tactic.

The judgment included $20 million in compensatory damages for emotional distress and $5 million in punitive damages. The plaintiff’s claims were supported by expert testimony and multiple witnesses, and the case highlighted efforts to strengthen legal protections for survivors of childhood abuse.

Our lawyers are reviewing these claims for victims.

January 16, 2025: New Favorable Appellate Opinion

In Kastel v. Patchogue-Medford Union Free School District, the plaintiff alleged he was sexually abused by a teacher’s aide between 1999 and 2002 while attending an elementary school within the district. He claimed the school district was negligent in supervising and retaining the aide, pointing to concerning behaviors such as singling him out for attention, hugging him in hallways, and repeatedly driving him to her home after school, where the alleged abuse occurred.

Testimony from his third-grade teacher confirmed that such conduct violated school policies and was visible to other staff members, yet it was allowed to persist. The trial court dismissed the negligence and negligent supervision claims, reasoning that the school district lacked actual or constructive notice of the aide’s inappropriate conduct or her propensity to engage in such behavior.

The Appellate Division reversed this dismissal, recognizing significant triable issues raised by the plaintiff’s evidence. The appellate court highlighted testimony from both the plaintiff and his teacher, which suggested the aide’s inappropriate actions occurred in plain view of other staff, providing the school with ample opportunity to intervene. By failing to address these warning signs, the court noted, the school may have created a foreseeable risk of harm.

The lawsuits seek unspecified monetary damages for the harm caused.

Our lawyers are reviewing these claims for victims.

January 9, 2025: Prominent Catholic Priest Accused in New Abuse Lawsuit

A new lawsuit filed this week accuses Father Walter Cuenin, a well-known advocate for reform within the Catholic Church, of sexual assault. The lawsuit alleges that Cuenin forced a Brandeis University student to have oral sex with him in a Manhattan hotel room during a trip 10 years ago.

Cuenin was previously recognized for his outspoken stance against clergy abuse and his push for reforms within the church. His public role in calling for accountability makes these allegations particularly significant.

The lawsuit seeks unspecified monetary damages for the harm caused.

Our lawyers are reviewing these claims for victims.

January 2, 2025: Fordham University Facing Sex Abuse Lawsuit

Fordham University is now defending a lawsuit brought by a group of victims who claim they were sexually abused by several Fordham priests when they were minors in the 1970s. The victims allege that John J. McCarthy, a former Fordham priest who is now deceased, used university facilities to lure them and other young boys onto campus, where the abuse occurred.

The lawsuit claims that Fordham University was aware of McCarthy’s conduct but failed to act, allowing the abuse to continue unchecked for years. Plaintiffs allege negligent supervision and institutional failures in handling clergy abuse.

The lawsuits seek unspecified monetary damages for the harm caused.

Our lawyers are reviewing these claims for victims.

December 20, 2024: NYC Urologist Sentenced for Sexual Abuse of Patients

A former urologist at two very prominent New York City medical facilities was sentenced to life in prison for sexually assaulting many of his patients, including some who were minors. Darius Paduch worked as a urologist in NYC from 2003 to 2023, and he specialized in reproductive health for men. Dr. Paduch was convicted of sexually abusing patients during medical examinations at his office in Manhattan from 2007 to 2019. Paduch would allegedly masturbate patients, expose himself, and grope patients during exams, then text and email them afterwards.

December 16, 2024: Psychiatric Hospital Sex Abuse Lawsuits

Two psychiatric hospitals in Lewisboro and Saratoga Springs, New York, face multiple lawsuits alleging years o sexual abuse against child patients. Twenty plaintiffs filed lawsuits claiming that staff at Four Winds Hospital, Four Winds Psychiatric Services, and Four Winds Behavioral Healthcare System sexually abused minors under their care.

December 12, 2024: Appellate Court Addresses Sealing Requests In Ed Henry Case

The appellate court addressed multiple sealing requests in a case involving allegations of sexual harassment, assault, and rape against Ed Henry, a former Fox News employee.

The court granted sealing requests to protect the privacy of third-party women who had romantic or sexual relationships with Henry, as well as the names and identifying information of Fox News employees involved in internal investigations, email addresses, and confidential business information. The court denied requests to fully seal the declaration of “Jane Doe 1,” a third party who had a relationship with Henry, and ruled that her name and identifying details may be redacted, but the rest of her testimony, relevant to whether Henry had a history of abusive behavior, must remain public.

The court also denied sealing requests for explicit text messages between the plaintiff and Henry, stating that the messages were central to determining whether their relationship was consensual and carried a strong presumption of public access.

The court thankfully upheld the sealing of sexually explicit photographs involving the plaintiff, citing privacy concerns that outweighed the presumption of public access. But the court did allow verbal descriptions of the images in the defendants’ filings to remain public.

These are hard calls for judges.  You want to protect privacy but you also want to ensure transparency in judicial proceedings, particularly when evidence is central to adjudicating claims of harassment and consent.

December 7, 2024: Former Doctor Faces Life In Prison Following Charges Of Sexual Abuse Of Patients 

Our firm is actively investigating claims against Dr. Darius Paduch, a former urologist and fertility specialist accused of egregious sexual abuse of patients.

Dr. Paduch, who once practiced at highly regarded institutions such as Weill Cornell, New York-Presbyterian, and Northwell Health, has been sentenced to life in prison after being convicted on multiple felony charges of sexually abusing patients. Over nearly two decades, he used his position of trust and authority to carry out disturbing acts of abuse under the pretense of providing medical care. His victims include both adults and minors, many of whom courageously testified during his criminal trial, ensuring he was held accountable for his actions.

In addition to the criminal case, civil lawsuits are ongoing against the hospitals where Dr. Paduch worked. These claims allege that the institutions ignored numerous warnings and complaints about his conduct from both employees and patients. Despite being aware of the danger he posed, it is alleged that these facilities failed to act, prioritizing their reputations and financial interests over the safety and well-being of their patients. The lawsuits seek justice for survivors and accountability from these institutions for enabling years of abuse by turning a blind eye.

Our firm is committed to supporting survivors of Dr. Paduch’s abuse in their pursuit of justice, both against him and the institutions that allegedly failed to protect them. If you or someone you know was a patient of Dr. Paduch and experienced inappropriate conduct or abuse, contact us to discuss your legal options confidentially

November 5, 2024: Second Circuit Court of Appeals Rules In Favor Of Victim Who Endured Out Of State Abuse

In a recent decision, Sutton v. Tapscott, the Second Circuit Court of Appeals ruled in favor of the plaintiff, a former child model and actress, allowing her sexual abuse claims to proceed under New York’s Child Victims Act.

The plaintiff alleges that in 1986, at age 16, she was sent by an Elite Models executive to live with a man in Paris, where she endured sexual abuse. The district court initially dismissed her case, citing that the CVA did not apply to out-of-state abuse. Thankfully,  the appellate court reversed this decision, pointing to recent New York state rulings that support CVA claims for New York residents abused outside the state.

This ruling emphasizes that the CVA can be applied to cases where the abuse occurred beyond New York’s borders if the victim was a New York resident at the time. The court also found that the plaintiff had provided enough evidence to suggest the defendant knew about the perpetrator’s alleged abuse history yet failed to protect her, thus breaching a duty of care.

November 1, 2024: Increasing Number Of Sex Abuse Lawsuits Expected Against Residential Treatment Facilities

Expect a rising wave of sex abuse lawsuits in New York targeting residential treatment facilities, particularly those operated by major companies like Universal Health Services (UHS), Acadia Healthcare, and Devereux Behavioral Health. Given the scope of allegations and recent Congressional investigations, these facilities are coming under intense scrutiny for longstanding patterns of mistreatment and abuse against vulnerable populations—often funded by Medicaid and other taxpayer-supported child welfare programs.

The lawsuits will allege that these companies have profited significantly from public funds while failing to protect those in their care. Attorneys are expected to argue that these companies prioritized profit over safety, creating conditions ripe for physical and sexual abuse. Several facilities are on the target list:

• Binghamton General Hospital (UHS): This facility has faced criticism over its handling of behavioral health care for children and adolescents, with past allegations highlighting insufficient protections and oversight within its youth services programs.
• Four Winds Hospital (Acadia Healthcare) – Katonah, NY: Known for its mental and behavioral health services to young people, Four Winds has been associated with allegations of neglect and mistreatment, echoing broader issues in Acadia-run facilities. The lack of adequate staffing and training protocols has been central to many of these claims.
• Devereux Advanced Behavioral Health – Devereux New York CARES (Red Hook, NY): Providing care for individuals with intellectual and developmental disabilities, this facility has been implicated in claims of abuse and substandard care. Devereux’s national network has faced numerous lawsuits over inadequate supervision and abuse, casting a spotlight on how facilities for the vulnerable may overlook crucial safety measures.
• Hillside Family of Agencies – Rochester, NY: Another significant provider of behavioral health services in New York, Hillside has had allegations of neglect and abuse. While it aims to support at-risk youth, former residents have reported insufficient safety protocols and problematic staff behavior.
• Astor Services for Children & Families – Rhinebeck, NY: Specializing in mental health services for children, Astor Services has seen similar accusations, with concerns raised over how effectively it protects young residents and responds to allegations of abuse.

October 1, 2024: New Sex Abuse Lawsuit Against Crossroads Juvenile Center

In a new sex abuse lawsuit filed by a plaintiff against the City of New York and several related entities, the plaintiff alleges that while detained as a minor at Crossroads Juvenile Center, he was sexually abused by a court transporter employed by the facility. The plaintiff contends that the defendants – Crossroads, the New York City Administration for Children’s Services, and the Department of Corrections – failed to protect him and other juveniles, allowing a culture of sexual abuse to persist.

The complaint details the abuse endured by the plaintiff, including molestation and attempted rape, which allegedly took place on multiple occasions. It argues that the defendants failed to supervise or monitor staff, enabling the perpetrator’s abuse. The suit also claims the defendants did not take necessary actions to prevent abuse despite being aware of similar allegations in the past.

The plaintiff is seeking compensatory and punitive damages for the physical and psychological trauma suffered as a result of the abuse. He has filed this lawsuit under the Victims of Gender-Motivated Violence Protection Act, which allows for civil actions to be brought even for previously time-barred claims under a special two-year “look-back” window.

September 30, 2024: Roman Catholic Diocese Of Rockville Centre Announces $323 Million Settlement

Finally, a settlement deal. We have written a lot about these lawsuits. The Roman Catholic Diocese of Rockville Centre in Long Island, New York, announced a $323 million bankruptcy settlement to compensate around 530 survivors of childhood sexual abuse by priests. This settlement is a significant increase from the diocese’s earlier $200 million offer, which was rejected by survivors. The agreement includes $234.8 million from the diocese and $85.3 million from four insurers, with additional funds from another insurer and survivors’ attorneys.

September 26, 2024: New Lawsuit Filed In Queens Alleges Sexual Abuse By Personal Trainer

In a new lawsuit filed yesterday in Queens, New York, a woman identified as Jane Doe alleges that she was sexually abused by a personal trainer while undergoing treatment at a gym operated by Optimized Movement LLC. The complaint asserts that between May 2023 and January 2024, the trainer engaged in repeated instances of sexual misconduct during myofascial release therapy sessions, including non-consensual contact and exposure.

Jane Doe claims that Optimized Movement LLC failed to protect her from foreseeable harm, negligently supervising and retaining the trainer despite his alleged misconduct. The lawsuit seeks damages for emotional distress, physical harm, and mental anguish, citing violations of New York’s criminal and civil laws. Doe argues that the company acted with reckless disregard by allowing the trainer unsupervised access to vulnerable patrons and failing to implement adequate safety measures. The plaintiff is seeking both compensatory and punitive damages.

September 23, 2024: Former Students of Yeshiva University High School for Boys Settle Sexual Abuse Lawsuit

Nine former students of Yeshiva University High School for Boys settled their sexual abuse lawsuit against the university and several other defendants on September 10.

The lawsuit, initially filed in 2019 by 48 former students, accused MTA principal George Finkelstein, faculty member Macy Gordon, and dorm counselor Richard Andron of sexually abusing dozens of students from the 1950s to the 1990s. It also alleged that high-ranking university officials knew about the abuse but failed to take action.

September 16, 2024: New Sex Abuse Lawsuit Filed Upstate Against Members Of LDS Church 

A new sex abuse lawsuit was filed earlier this month in federal court in upstate New York against several prominent members of the LDS Mormon Church. The lawsuit accuses a former LDS Church leader, Ronald Boyce, of child sex trafficking and it accuses the LDS Church officials of covering up his actions to protect the church from liability. This is just one of a growing number of Mormon Church sex abuse lawsuits across the country.

August 13, 2024: New York Federal Judge Upholds Dismissal Of 33 Sex Abuse Claims 

A New York federal judge upheld the dismissal of 33 sexual abuse claims against the Roman Catholic Diocese of Rockville Centre, ruling that there was insufficient evidence to prove the diocese had supervisory control over the alleged abusers.

The judge affirmed that the bankruptcy court applied the correct standard of proof, finding that the claimants’ allegations were merely conclusory and lacked factual support. This is a reminder of the importance of developing evidence that a church or school was negligent in failing to act to prevent the abuse. This evidence is often ample in most sex abuse cases.

August 6, 2024: Court Rules On Summary Judgment To Dismiss Roslyn High School Sex Abuse Claim

In a lawsuit involving Roslyn High School in Roslyn, New York, a former student alleged that during her junior and senior years in 1986, she was sexually abused by her English teacher. She sought damages from the defendant, Roslyn Union Free School District. The district moved for summary judgment to dismiss the action, which was partially granted and partially denied by the court.

The court agreed with the district that the plaintiff could not base her case on any consensual sexual activities that occurred off school premises after she turned 17 (certainly, 17 is idiotic but it is New York law). However, the district did not meet its burden to prove that it was unaware of the teacher’s potentially abusive behavior or that its supervision of the teacher and the plaintiff was adequate.

July 18, 2024: Federal Court Judge Rules Plaintiff Cannot Sue Anonymously

In what our sex abuse lawyers think is an awful ruling, a federal court judge ruled the plaintiff cannot sue the defendant anonymously.

In this case, an assistant professor at St. Lawrence University, plaintiff alleges that she was drugged and raped by another professor. Concerned about the trauma she might suffer if her identity was revealed, the plaintiff requested to continue her action under a pseudonym.

The alleged perpetrator opposed this motion, arguing that he would be prejudiced if the plaintiff was allowed to remain anonymous while his identity was public.

The decision to deny the plaintiff’s request for privacy was made after and was based on the balance of factors set out by the 2nd Circuit 16 years ago – factors that are outdated in 2024.

The court found that, despite the highly sensitive nature of the allegations, the plaintiff did not identify any specific harm that would result from the public disclosure of her identity. Additionally, and this is admittedly a more difficult argument for the plaintiff to counter, she had previously disclosed the incident on social media and to individuals on campus, undermining her claim for anonymity.

July 17, 2024: Albany Hampton Inn Owner Settles Dispute With Insurers Over Defence Coverage

The owner and manager of an Albany, New York, Hampton Inn, where a law school graduate claimed she was secretly filmed showering and subsequently blackmailed, settled a dispute with their insurers over defense coverage. The Eleventh Circuit appeals panel ruled in September that the hotel had coverage in its dispute with several insurance companies. The panel rejected the insurers’ arguments, stating the guest’s privacy was indeed violated and that the recording was related to the hotel’s business operations.

July 16, 2024: Detention Center Sex Abuse Lawsuit Filed Against New York City

A major detention center sex abuse lawsuit has been filed against New York City. The suit involves over 250 former detainees who allege widespread sexual abuse in juvenile jails, particularly at Horizon Juvenile Center.

Natalie Medford, a former staff member, is accused of abusing multiple detainees, with her alleged misconduct dating back to at least 2005. The lawsuit points to systemic issues, including inadequate policies and a “culture of secrecy” within the Administration for Children’s Services. In an all too similar story, despite previous lawsuits and investigations, Medford continued to work at the facility until 2015.

July 5, 2024: Sex Abuse Lawsuit Filed Against A Merryland Operating LLC

A lawsuit has been filed in state court in Kings County against A Merryland Operating LLC, the operator of A Merryland Health Center in Brooklyn, NY.

The plaintiff alleges that while receiving medical treatment at the health center, she was sexually assaulted by an employee.  Specifically, the woman was offered physical therapy, and the man who performed the physical therapy instructed her to lie face down and lower her pants. He put his hands underneath her pants and begin running his fingers on her vagina and anus without her consent.

The lawsuit claims that the medical center failed in its duty to protect her from foreseeable harm and negligently supervised and retained the perpetrator. The allegations include multiple causes of action, such as negligence, negligent supervision, sexual assault, sexual battery, and both intentional and negligent infliction of emotional distress.

June 30, 2024: Jury Orders U.S. Twirling Association To Pay Nearly $4.2 Million To Victim of Sexual Assault 

A New York federal jury has ordered the U.S. Twirling Association (USTA) and a coach to pay almost $4.2 million to a baton twirler who was sexually assaulted as a minor during an international trip sponsored by the association. The lawsuit, filed in September 2022, accused the USTA of negligence in their selection of a chaperone and failure to provide promised security measures.

The court found that the USTA exaggerated the qualifications of the coach, who was selected to supervise the trip. During the 2019 trip to Lima, Peru, organized by the Lions Club, the club’s president assaulted the twirler after she was apparently drugged. The suit also highlighted the lack of adequate supervision and exposure to unsafe conditions, such as visits to nightclubs and private parties.

The jury determined that the USTA and the coach are responsible for paying nearly $3.7 million and $504,000, respectively, to the victim and her parents.

June 14, 2024: New Detention Center Lawsuit Alleges Negligence At Crossroads Juvenile Center

In a new detention center sex abuse lawsuit filed in the Supreme Court of the State of New York, County of Kings, the plaintiff alleges severe misconduct and negligence at the Crossroads Juvenile Center, a facility operated by the City of New York.

The complaint outlines a history of abuse and trauma experienced by children at the facility, including the plaintiff. The facility’s staff members, including correctional officers, have been implicated in various forms of physical and sexual abuse.

As for the plaintiff in this case, he was sexually abused by a male and a female staff member at Crossroads. The abuse included showing inappropriate photographs, forced acts, and underscoring the power these awful people had over him, threats of planting contraband if he did not comply.

The lawsuit is filed under the Victims of Gender-Motivated Violence Protection Act. The plaintiff seeks compensatory and punitive damages, citing negligence, negligent hiring, retention, training, and supervision by the City and its agencies.

June 11, 2024: Former Elementary School Principal Convicted of Sexual Abuse To Soon Be Eligible To Receive State Pension

Kirk Ashton, a former elementary school principal in Monroe County, convicted of sexually abusing over 20 young boys, will soon be eligible to start receiving his state pension. Ashton, who earned an average salary of about $160,000, could receive around $64,000 annually upon turning 55 next year, despite being incarcerated and not scheduled for release until 2039.

The New York State Teachers Retirement System confirmed his eligibility, as state law does not prohibit educators like Ashton from collecting pensions, unlike laws designed to curb corruption among public officials.

This is one of those “there ought to be a law” situations. Other states, including Pennsylvania, Ohio, and North Carolina, have broader statutes that revoke pensions for educators guilty of such crimes. New York needs legislation that prevents convicted sex offenders from receiving taxpayer-funded pensions.

June 10, 2024: U.S. District Judge Rules Sex Abuse Claim Was Untimely

The rules on bringing in a timely sex abuse claim in bankruptcy are harsh, as Rockville Centre “Claimant 90565 found out last week in a decision issued U.S. District Judge Colleen McMahon which upheld the lower court’s order that deemed Claimant 90565’s proof of claim for alleged sexual abuse as untimely.

The claimant, who filed the proof of claim more than a year past the court-set deadline, argued that the delay was due to coming to terms with the abuse suffered. However, the court emphasized that under the Pioneer test, which considers the danger of prejudice to the debtor, the length of delay, the reason for the delay, and whether the movant acted in good faith, the most critical factor is the reason for the delay. The court found that the claimant failed to provide a satisfactory explanation for the delayed filing.

Judge McMahon noted that the Diocese had implemented an extensive and court-approved notice program, which provided constructive notice through various media channels. Despite the claimant’s assertion of not receiving actual notice (which we honestly think should have carried the day), the court ruled that the constructive notice was sufficient. Additionally, the claimant did not present evidence to support the assertion that the delay was due to processing trauma from the abuse.

June 6, 2024: Dr. Zhi Alan Cheng Faces Criminal Sex Charges Following Allegations Of Rape 

Dr. Zhi Alan Cheng, a gastroenterologist at New York Presbyterian Hospital Queens, is facing criminal sex charges. Dr. Cheng allegedly raped a woman in his home after drugging her, and several patients have claimed that Dr. Cheng drugged and raped them during medical exams. Dr. Cheng worked at the New York Presbyterian Medical Center in Flushing until December 2022. Our firm is currently investigating potential civil lawsuits for sexual abuse against Dr. Cheng.

June 4, 2024: Court Dismisses Lawsuit Against Rockefeller University Hospital Pediatric Endocrinologist

Plaintiffs had brought a lawsuit under the Victims of Gender-Motivated Violence Protection Law (GMVL) against The Rockefeller University Hospital, alleging that the hospital employed Dr. Reginald Archibald, who used his position as a pediatric endocrinologist to sexually abuse hundreds of children, including the plaintiffs. The hospital moved to dismiss the case under CPLR 3211(a)(5) and (a)(7), asserting that the plaintiffs’ claims were time-barred since the alleged abuse occurred between 1966 and 1992, and arguing that the GMVL, both in its original 2000 form and as amended in 2022, cannot be retroactively applied to revive these previously time-barred actions.

The plaintiffs countered that the 2022 amendment by the New York City Council should retroactively revive their claims. However, the court sided with the hospital, granting the motion to dismiss. The court concluded that the GMVL does not apply retroactively, and all the plaintiffs’ claims predated the law’s 2000 enactment. Furthermore, the court held that the claims were otherwise time-barred under the CPLR, thereby dismissing the complaint in its entirety.

June 1, 2024: New Lawsuit Claims Damages Following Illegal Release Of Confidential Documents Related To Incidents Of Sexual Assault

In a recently filed lawsuit, a plaintiff has brought a civil rights action for damages against several defendants following the illegal release and publication of confidential documents related to incidents of sexual assault she endured in October 2021. New York law mandates that reports of sexual assault and abuse remain confidential to protect the victims’ privacy. Despite this, the defendants allegedly disclosed these records to unauthorized parties, resulting in significant harm to the plaintiff.

The plaintiff alleges that the confidential documents were improperly released to the public, including to a TV reporter and an individual who then disseminated the information on social media. This breach has caused the plaintiff severe emotional distress, public scorn, and ridicule.

The lawsuit seeks compensatory and punitive damages, as well as an injunction to prevent further unauthorized disclosures of sexual assault records, per New York’s Civil Rights Law and the plaintiff’s constitutional right to privacy. The case highlights the importance of maintaining confidentiality for sexual assault victims and the severe consequences of failing to do so.

May 28, 2024: Diocese Of Brooklyn And State Attorney General Reach Settlement Regarding Significant Reforms To Procedure Surrounding Sexual Abuse Allegations

The Diocese of Brooklyn and state Attorney General Letitia James have reached a settlement implementing significant reforms to address longstanding issues in handling sexual abuse allegations against priests. Key reforms include the appointment of a secular monitor to oversee the diocese’s future handling of abuse cases and increased transparency. The reforms require the diocese to issue press releases when priests are removed from ministry, list their names publicly, inform their former parishes, and support parishioners.

James stated that the diocese had been aware of the pervasive issue but failed to adequately address it. The settlement includes a commitment to handle abuse allegations swiftly and transparently, aiming to rebuild community trust.

An investigation found that the diocese often failed to follow its own policies and procedures, which were inadequate in the first place. The investigation highlighted numerous failures, including inconsistent standards for credible clergy abuse accusations, inadequate monitoring of accused priests, delays in action, and slow public disclosures.

May 24, 2024: New Lawsuit Filed In Nassau County Against FREE

A family has filed a lawsuit in Nassau County against Family Residences and Essential Enterprises, Inc. (FREE) after their child, who has intellectual and developmental disabilities, was sexually abused by another participant who also has developmental disabilities.

The family sex abuse lawsuit alleges that FREE was aware of the perpetrator’s history of inappropriate behavior and failed to supervise him adequately. Despite knowing the risks, the complaint claims FREE did not provide the necessary supervision and protection and that negligence led to her abuse.

May 16, 2024: Judge Martin Glenn Denies Motion To Dismiss Diocese Of Rockville Centre Bankruptcy Case

U.S. Bankruptcy Court Chief Judge Martin Glenn has denied a motion by the Diocese of Rockville Centre to dismiss its bankruptcy case. Instead, the judge appointed two mediators to try to drive these sex abuse settlements to the finish line.

The judge emphasized the need for a fresh approach and suspended further legal actions while mediation efforts proceed. Glenn expressed concern that dismissing the case would return hundreds of lawsuits to state court, potentially resulting in significant financial awards for initial cases, leaving little for other survivors.

The judge’s concern is legitimate, but it is harder to apply pressure for settlement without pending trial dates.

May 9, 2024: Six Women File Lawsuit Alleging Sexual Abuse At Various New York State Department Of Corrections Facilities 

Six women incarcerated at various New York State Department of Corrections facilities filed a lawsuit claiming they were raped and sexually abused by correctional officers. They are suing under federal civil rights law and New York law, naming multiple defendants including high-ranking corrections officials and the officers allegedly involved. The lawsuit details systemic failures within the correctional system that purportedly allowed such abuses to happen.

May 6, 2024: New York Trial Judge Rules In Favor Of Plaintiff In J.R v. State Of New York 

In J.R. v. State of New York, a New York trial judge ruled in favor of the plaintiff, who alleged she was sexually abused and assaulted during her six-year incarceration at Bedford Hills Correctional Facility and while on parole. The plaintiff moved to amend her complaint to add causes of action for the respondeat superior, based on the alleged negligence of the two correction officers accused of assaulting and battering her. The court granted this motion, emphasizing that under CPLR 3025(b), there is no requirement for an evidentiary showing to merit the proposed modification of the complaint.

Furthermore, the court noted that the New York Court of Appeals has clearly rejected the argument that sexual assault by an employee who had no known prior history of such misconduct can never be reasonably foreseeable by the employer.

This decision marks a significant acknowledgment of the potential employer liability in cases of employee misconduct, even without prior indications of such behavior.

May 2, 2024: Out Of State Abuse And The CVA 

Can you bring a sex abuse lawsuit in New York if the abuse did not occur in New York?  A new lawsuit, Pesola v. St. Mary’s High School, addresses this question. 

This claim was initiated under the Child Victims Act, alleging sexual abuse in 1986 at a summer camp in New Hampshire. The accused was a member of the Marist Brothers, a New York-based organization that owned the camp and employed the alleged abuser at the time. The complaint included claims of negligent care, supervision, hiring, and retention against the Marist Brothers.

The Marist Brothers sought to dismiss the case, arguing that the CVA did not apply because the abuse occurred outside New York. However, the plaintiff countered that his New York residency at the time of the abuse brought the case within the scope of the CVA. A New York Supreme Court denied the dismissal in March 2023, citing the intent of the CVA to cover New York residents even if the abuse occurred elsewhere.

April 23, 2024: Former Students Of Yeshiva University High School For Boys File Lawsuit Under CVA

The plaintiffs, former students of Yeshiva University High School for Boys, filed a lawsuit under the Child Victims Act (CVA), alleging that they were sexually abused by George Finkelstein, an employee of the defendants. The lawsuit accused the defendants of negligent supervision and retention and failing to provide a safe and secure environment.

In response, the defendants sought to dismiss the case, arguing that the CVA was unconstitutional under New York’s Due Process clause and that the complaint did not adequately state a cause of action. The trial court ruled that the CVA does not violate due process, referencing multiple New York and two federal district courts in the Second Circuit that supported the act as a remedy for injustice.

April 19, 2024: New York Attorney General Reaches Settlement With Roman Catholic Diocese Of Brooklyn

New York Attorney General Letitia James has reached a settlement with the Roman Catholic Diocese of Brooklyn, addressing its long-standing mismanagement of clergy sexual abuse cases.

The settlement agreement mandates extensive reforms, including the appointment of an independent monitor to oversee the diocese’s compliance with enhanced abuse response protocols, the establishment of new offices and committees focused on the safety of minors, and the hiring of a clergy monitor with relevant expertise.

This settlement follows findings from the Office of the Attorney General that the diocese frequently failed to adhere to its own procedures established post-2002 USCCB Charter, often mishandling abuse cases and failing to ensure the safety of children.

As part of the clergy abuse settlement, the diocese will also accelerate its investigation processes, publicly disclose information on accused clergy, and, importantly, implement a whistleblower policy to protect those who report abuse.

April 16, 2024: Victims Reject Diocese Of Rockville Centre’s Final Settlement Offer 

No one should be surprised to hear that the Diocese of Rockville Centre’s nearly four-year effort to settle hundreds of sex abuse claims through bankruptcy is about to collapse.  Victims decisively rejected the diocese’s final settlement offer.

The diocese had entered Chapter 11 following legislative changes in New York and other states that extended the time frame for filing sex abuse lawsuits. Rockville Centre offered a $200 million compensation package to settle the claims.

Victims’ lawyers – most of whom opposed this settlement as inadequate – were quick to point out that $200 million was not actually $200 million because it included payments to other creditors and significant administrative and legal costs.

Is any settlement dead?  No. But the numbers need to be reworked. Because the settlement is dead under these terms.

April 15, 2024: Millions Awarded In Case Against Former Pediatrician  

From April 1 to April 8, a special referee appointed for these cases awarded damages ranging from $10 million to $27 million. The striking consistency of the victims’ testimonies, none of whom knew each other, played a crucial role in the outcomes. They described similar patterns in Copperman’s abusive actions, lending significant weight to their accusations.

Copperman, who was stripped of his medical license in 2000 following repeated abuse allegations, did not engage in the litigation process. His absence did not halt the proceedings, however, and the initial verdict against him was issued for $22 million by the Nassau County Supreme Court following an inquest.

Of course, collecting these verdicts is another matter. The claims against associated medical institutions were dismissed early in the litigation. But the awarded sums, beyond their monetary value, serve to validate the experiences of the survivors, providing them with a sense of being heard. That counts for something, too.

April 9, 2024: Court Grants Summary Judgment For Lawsuit Alleging Sexual Abuse At The Hands Of Sixth-Grade Teacher 

In a lawsuit where the plaintiff alleged being sexually abused by his sixth-grade teacher during the spring of the 1997-1998 school year, a plaintiff brought forth claims against a school system for negligence, negligent training and supervision, and negligent retention.

The court, however, granted the defendants’ motion for summary judgment, concluding that the plaintiff could not prove that the defendants had actual or constructive notice of the teacher’s potential to commit such abuse before the incident. The plaintiff’s argument that the defendants were on notice due to a prior complaint involving the teacher and another adult teacher’s romantic affair was found to be unpersuasive by the court.

This case highlights the critical need for substantial evidence to demonstrate that those responsible for supervision, such as school districts or employers, had actual or constructive knowledge of potential abusive behavior or made negligent decisions in the hiring or retention of personnel. It underscores the challenge plaintiffs face in proving that third parties were aware or should have been aware of the risks posed by individuals under their supervision.

April 8, 2024: Court Denies Motion To Dismiss Lawsuit Alleging Sexual Abuse By Father Robert P. Michele 

In a lawsuit initiated under the Child Victims Act, a plaintiff who alleges to have been sexually abused as a child by Father Robert P. Michele, C.S.P., brought forward claims for negligence, negligent retention, and negligent training and supervision against the defendants. The defendants requested the court to dismiss the action. That motion was denied.

The court determined that the defendants either knew or should have known about Michele’s dangerous behavior towards children before the alleged sexual abuse of the plaintiff occurred. It was found that the defendants should have recognized Michele was unfit to work with children and become aware of his propensity to commit sexual abuse.

The court also found that the defendants had knowledge or should have had knowledge of the risk of child sexual abuse within Catholic programs and activities, acknowledging that the defendants were aware or should have been aware of numerous agents within their organization who had sexually molested children. Despite this knowledge, the defendants failed to properly supervise Michele and the plaintiff and failed to conduct an appropriate investigation into Michele.

The court’s decision to deny the motion to dismiss the case was based on New York’s liberal pleading standards, which require that at the litigation’s pleading stage, the plaintiff’s allegations are to be treated as true and given every favorable inference.

The plaintiff’s complaint, which argued that the abuse was foreseeable due to the defendants’ knowledge or the reasonable expectation of knowledge of Michele’s propensity for sexual abuse, was deemed sufficiently pled to proceed with the causes of action for negligence, including negligent hiring, retention, and supervision of Michele, and the inadequate supervision of the plaintiff.

The court also noted that the defendants’ interpretation of the Moore Charitable Foundation decision does not override the established First Department precedent on the pleading requirements in CVA cases. The plaintiff’s lawsuit, at this early stage of the litigation and without the benefit of outstanding discovery, was found to be sufficiently pled.

April 1, 2024: Settlement Reached In Lawsuit Alleging Sexual Misconduct By Former Buffalo Public School Teacher

A settlement has been reached in a lawsuit under the Child Victims Act involving allegations of sexual misconduct by a former Buffalo Public Schools teacher with a young student.

The lawsuit claimed that the teacher sexually abused the student starting at the age of 11 in 1973 and engaged in sexual acts with her numerous times for the following two years.  The plaintiff recounted being given permission by her parents to travel with the teacher and stay at the teacher’s residence frequently. Following the complaint, it was alleged that the teacher was permitted to retire discreetly and receive a pension.

The school district reached a settlement on the lawsuit for a disclosed amount, according to records released under the state’s transparency laws. The settlement terms, particularly the financial details, have not yet been disclosed as per the agreement between the parties involved.

March 30, 2024: Settlement Reached In Sexual Harassment Lawsuits Filed By Four Former Corrections Officers

Clinton County and its insurance provider settled lawsuits totaling over $362,000 with four female former correction officers who alleged sexual harassment and abuse by male coworkers.

The nice thing about government sex abuse settlements is that even “confidential” settlements are revealed.  The payments ranged from $ 56,000 to $120,000 to the women.

The lawsuits detailed enduring sexual and workplace abuse by male staff and inmates, including explicit advances, retaliation against complainants, and administrative failures to discipline perpetrators effectively.

There is a fifth lawsuit that has not been settled.

March 21, 2024: Complex Sexual Assault Lawsuit Emerges From Ichahn School Of Medicine At Mount Sinai. 

There is a mess of a lawsuit at the Ichahn School of Medicine at Mount Sinai.  Last spring, John and Jane, who were friends and attended the event together, consumed alcohol during the evening. They, along with friends, continued the night at John’s apartment, where they drank more. Jane, feeling too intoxicated to return to her own apartment, stayed at John’s, where she slept on the couch in the common area.

The next morning, Jane left John’s apartment and subsequently told several mutual acquaintances and roommates that John had groped her and made inappropriate physical contact – putting his hand up her shirt and down her dress – while she was on the couch. Jane filed a Title IX complaint against John.

John filed suit, seeing an injunction in response to the Title IX investigation initiated by ISMMS based on Jane’s accusations. He contends that Jane’s allegations are false and have led to reputational damage and emotional distress. The request for an injunction is a legal measure sought by John to halt the investigation and potential disciplinary actions by the medical school, arguing that the investigation is based on unfounded accusations and is unjust.

The issues here are consent, the reliability of accounts of events under the influence of alcohol, and the procedures for handling accusations of sexual misconduct within academic institutions. The problem with John’s lawsuit is that the core of it is the accusations are unfounded. But her allegations alone make the lawsuit well-founded.  That does not mean they are correct or that he will not win at trial.  But they are not unfounded.

March 18, 2024: New Lawsuit Alleges Sexual Abuse Of Nine Year Old At Yeshiva School

In a case brought under the Child Victims Act (CVA), a plaintiff claimed to have been repeatedly sexually abused at nine years old while attending a Yeshiva school. The abuse was allegedly perpetrated by a rabbi at the school, and it was further alleged that the school’s principal and the institution were aware of the abuse but failed to intervene.

The plaintiff also claimed that upon reporting the abuse to the school’s leadership, his parents were threatened with repercussions if they pursued the matter further. When the defendants sought to have the case dismissed, the court denied their motion.

The court’s decision was influenced by granting the plaintiff’s request to amend the complaint to include a cause of action under the New York City Administrative Code section for Victims of Gender Motivated Violence, highlighting that the statute is applicable regardless of the victim’s gender. This amendment rendered the defendants’ motion to dismiss moot, leading to its denial by the court.

March 5, 2024: Opening Statements Given In Two CVA Trials Against Herricks Union Free School District 

Opening statements were given yesterday in two Child Victims Act trials in Nassau County Supreme Court. Victims’ lawyers argued that the Herricks Union Free School District neglected reports of sexual abuse by a school psychologist in the 1980s, thus exposing students to harm. These trials mark the first against a Long Island school district under the 2019 Child Victims Act, which allowed sexual abuse lawsuits to be filed after extended deadlines.

Since the act’s closure in August 2021, 21 former students have filed lawsuits against the district, accusing school psychologist Vincent Festa of abuse from 1973 to 1991. Although the district has settled four claims for $1.1 million, 17 cases are still pending.

Plaintiffs argue that the sexual abuse was avoidable if the district had just cared enough.   Despite repeated warnings from students and staff over the years, Festa remained in his position, earning the nickname “Festa the Molester” among the school community.

One plaintiff, identified as P.H., alleges he was abused by Festa during the 1983-84 school year, starting as a freshman. Festa allegedly showed the student pornographic magazines and engaged in sexual acts with him. P.H. is seeking $10 million in damages

In another case, a plaintiff known as J.G. is demanding $14 million for abuse that allegedly began at age 9 and continued for eight years.

A Newsday investigation revealed that 27 Long Island school districts have paid over $31.6 million in settlement payouts for Child Victims Act lawsuits, with claims ranging from $5,000 to $8 million. An additional 150 lawsuits are still ongoing.

March 1, 2024: Long Island Roman Catholic Clergy Abuse Settlement Vote Expected To Fail 

Survivors of sexual abuse by clergy within the Roman Catholic Church on Long Island are currently casting votes on a proposed $200 million settlement offered by the church, which lawyers representing the survivors anticipate will not pass. Survivors began receiving voting materials this week, with a deadline of March 22 to submit their decisions.

Should the proposal be turned down, around 600 abuse cases could be reintroduced to the state civil court, potentially leading to significantly more significant settlement amounts. It is a question of how many victims want this over with now versus potentially a higher compensation payout later.

The Diocese of Rockville Centre, one of the largest in the U.S. with 1.3 million Catholics, has recommended that survivors accept this offer to ensure compensation and maintain church operations.

The settlement proposal, detailed in a 298-page document, mirrors previous offers made by the diocese, including what was termed their “final offer” in October following three years of bankruptcy procedures.

February 17, 2024: Unnamed Plaintiff Withdraws Lawsuit Against Interscope Records Co-Founder

An unnamed woman who had accused Interscope Records co-founder Jimmy Iovine of sexual abuse and battery in New York state court has “withdrawn” her lawsuit.

I put that in quotes because I do not know why the case was dismissed.  My assumption is it was dismissed in exchange for a settlement amount, but I have no idea. The notice of “discontinuance of claims” filed by Doe indicated the discontinuation of the action against Iovine “with prejudice and without costs to any party,” without specifying if the dismissal was part of a settlement.

Initially filed under the pseudonym “Jane Doe” in November, she alleged that Iovine sexually abused, forcibly touched her, and subjected her to sexual harassment and retaliation in violation of anti-discrimination laws around August 2007, during her time contracted with his record label.

February 16, 2024: Judge Declines Dismissal Of Lawsuit Alleging Sexual Abuse By Former Commercial Division Justice Mathew Rosenbaum

A federal judge declined to dismiss a lawsuit by a court employee who alleges the court system conspired to protect a judge she claims raped her. The lawsuit, which falls under Title VII for sex discrimination and retaliation, accuses the system of failing to properly address her complaints of sexual harassment by former Commercial Division Justice Matthew Rosenbaum.

Rosenbaum claims of a consensual affair. However, the lawsuit provides granular details of a hostile work environment leading to the woman’s placement on unpaid leave as a form of retaliation.

U.S. District Judge John L. Sinatra Jr. adopted the recommendations of U.S. Magistrate Judge Leslie Foschio, emphasizing that actions such as placing the woman on unpaid leave could indeed constitute adverse employment actions. This development highlights the ongoing legal battle over the court’s response to allegations of sexual misconduct within its ranks, underscoring the challenges victims face in seeking justice and protection under employment law.

February 14, 2024: Lawsuit Alleging Sexual Abuse By Sixth-Grade Teacher Dismissed

A lawsuit in New York alleging a student was sexually abused by his sixth-grade teacher (Martin) in the spring of the 1997-1998 school year has been dismissed.

The plaintiff claimed the court system and educational authorities were negligent and failed in their duty to properly train, supervise, and retain staff, allowing the abuse to occur. However, the court ruled that the plaintiff could not demonstrate that the defendants had prior knowledge or warning of Martin’s potential for abuse, particularly focusing on an unrelated complaint from 1984 about a consensual affair between Martin and another teacher, which was deemed insufficient to establish a foreseeable risk of child sexual abuse.

The court’s decision underscores a painful truth. You need a deep pocket responsible for abuse to get justice in our judicial system. Usually, that is the business, school, or church that employs the perpetrator.  But you need negligence of that third party  – negligent hiring, supervision, and retention, as well as the specific challenges in cases involving allegations of sexual abuse by school staff.

January 31, 2024: U.S. Trustee’s Office Raises Objections To Roman Catholic Diocese Of Syracuse Chapter 11 Plan Disclosure Statement

The U.S. Trustee’s Office has raised objections to the Chapter 11 plan disclosure statement of the Roman Catholic Diocese of Syracuse.

The objections include concerns about impermissible nonconsensual third-party releases that are too broad and a lack of essential information for creditors to make informed decisions. The diocese’s plan fails to justify these releases or provide details such as the identity of released parties, specific considerations for the releases, or the specific claims covered.

Additionally, the disclosure statement lacks a proposed ballot, a clear explanation of voting procedures, and information on non-voting classes.

January 23, 2024: MoMA Performer Alleges Sexual Assault By Exhibition Attendees

In a lawsuit filed in a New York state court, a performer alleges that The Museum of Modern Art (MoMA) knowingly allowed repeated sexual assaults on nude performers during an art exhibition. The performer, part of Marina Abramovic’s art exhibition titled “Marina Abramovic: The Artist Is Present,” claims that they were sexually assaulted on multiple occasions by exhibition attendees.

The lawsuit alleges both negligence and intentional torts, which might make the insurance coverage issues confusing.  The plaintiff seeks compensatory and punitive damages for the intentional torts.

January 22, 2023: Authorities Intensify Investigation Into Sex Trafficking Allegations Against Former CEO

U.S. authorities have intensified their investigation into allegations against former Abercrombie & Fitch Co.’s CEO  regarding the trafficking of male models for sex. New York court filings on Monday revealed that federal prosecutors have convened a grand jury in New York to probe any evidence of a potential sex trafficking ring. Jeffries is facing a putative class action lawsuit brought by a former male model, who claims to have been sexually assaulted by the former CEO, among dozens of other young men.

In response to the investigation, the ex-CEO’s attorneys reported that the U.S. Attorney’s Office for the Eastern District of New York has initiated a criminal investigation related to the events described in the complaint. They also mentioned the issuance of a grand jury subpoena to one of the involved parties. The sexual abuse allegations came to light in October 2023 through an investigative report by BBC News, followed by the civil lawsuit, which alleges that Abercrombie was financially linked to a sex trafficking operation run by the CEO and his partner, leading to the abuse of aspiring male models in various locations worldwide.

January 20, 2024: New York Dioceses That Have Declared Bankruptcy

Which New York dioceses have declared bankruptcy?  Buffalo, Rockville Center,  Albany, Ogdensburg, and Syracuse.

January 17, 2024: Bankruptcy Judge Instructs Diocese To Revise Chapter 11

Earlier this month, we told you about the Roman Catholic Diocese of Rockville Centre’s settlement plan is bankruptcy.  This week, a bankruptcy judge has instructed the Diocese to revise its Chapter 11 plan disclosure for clarity. The problem is confusion as to how sexual abuse claimants will be treated and who will get released from liability.

January 10, 2024: Committee Of Tort Claimants Seeks To Hire Stout Risius Ross LLC

In the Chapter 11 case of the Roman Catholic Diocese of Albany, New York, the official committee of tort claimants seeks to hire Stout Risius Ross, LLC as its valuation expert. Stout’s services include providing expert consulting and testimony regarding the value of survivor claims, assisting in contested matters or litigation, evaluating reports by the Debtor and its insurers, and participating in relevant meetings or discussions.

Stout’s proposed hourly rates vary by position, with Managing Directors charging $625 to $900, Directors $450 to $575, Managers/Senior Managers $375 to $450, and Analysts/Associates $275 to $405. Katie McNally, Stout’s managing director, has assured the court of the firm’s disinterested status in the bankruptcy proceedings.

Seeing this fee structure for the lawyers reminds us that this is a burden on the Diocese’s bankruptcy estate. The Diocese of Albany has estimated assets of $10 million to $50 million and liabilities between $50 million and $100 million.

These legal and expert fees, while arguably necessary for managing the case and representing claimants’ interests, ultimately reduce the funds available for compensating victims. This situation reflects a common challenge in bankruptcy cases involving large numbers of tort claims, where substantial legal and professional fees can diminish the resources available for direct victim compensation.

January 9, 2024: New Sex Abuse Lawsuit Names Cornell Medical School

A new sex abuse lawsuit naming Cornell Medical School was filed under the Adult Survivors Act. The suit includes both adults and minors who were subjected to sexual assault, exploitation, and abuse by Darius A. Paduch, a former urologist. This class action lawsuit targets the entities that employed, contracted, managed, supervised, and oversaw Paduch.

The lawsuit seeks to address the continuous failure of the defendants’ officials, including administrators, medical ethicists, general counsel, and trustees, to protect patients from ongoing predatory sexual assaults disguised as medical care by several of their employees, including Paduch.

January 8, 2024: Bankruptcy Judge Announces Decision To Protect Non-Debtor Parishes Of Diocese Of Buffalo 

A New York bankruptcy judge announced the decision to protect non-debtor parishes of the Diocese of Buffalo, New York, amidst ongoing sexual abuse claims. This decision means that claimants cannot legally pursue these parishes while mediation efforts continue. The Diocese of Buffalo, home to nearly 600,000 Catholics across eight counties in Western New York, filed for Chapter 11 bankruptcy on February 28, 2020.

At the time of filing, the diocese reported having assets between $10 million to $50 million and liabilities ranging from $50 million to $100 million.

January 5, 2024: New York Plaintiffs Expected In Uber Sexual Assault Lawsuit

There will be a lot of New York plaintiffs in the Uber sexual assault lawsuit.

January 4, 2024: Roman Catholic Diocese Of Rockville Centre Proposed Substantial Settlement 

The Roman Catholic Diocese of Rockville Centre in New York, addressing sexual abuse claims, has proposed a substantial settlement in its bankruptcy plan. The Diocese filed an Amended Plan and Disclosure Statement on November 28, 2023, offering $200 million in compensation, marking it as the final proposal to settle with survivors of abuse.

The $200 million settlement, contributed by the Diocese, parishes, and related parties, is notable for being the largest ever in a diocesan bankruptcy in the U.S., both in total amount and on a per-claimant basis. The fund comprises $50 million from the Diocese and $150 million from parishes and other Catholic ministries..

Survivors face a critical choice in voting for the plan. Acceptance ensures immediate compensation, while rejection risks the dismissal of the Chapter 11 case and could move claims back to State Court, delaying resolutions and potentially disadvantaging many claimants.

December 15, 2023: New Lawsuit Alleges Sexual Assault By Syracuse Member Of Sigma Chi

A new lawsuit was filed in federal court in New York that outlines an awful series of events dating back to August 1991. The plaintiff, then an 18-year-old freshman at Syracuse University, alleges she was raped by a member of the Sigma Chi Fraternity at an event co-sponsored by Sigma Chi and Delta Delta Delta. The lawsuit details the plaintiff’s experiences of sexual assault within the context of a fraternity-sponsored event, highlighting the alleged negligence of both the fraternity and sorority involved, the university, and other related entities in preventing and addressing such incidents.

This sex abuse lawsuit against Syracuse University details historical and systemic awareness of the dangers associated with sexual misconduct and alcohol misuse within fraternity and sorority environments prior to the plaintiff’s assault.

It emphasizes that both Sigma Chi and Tri Delta, alongside other Greek organizations, were aware of the high risks associated with their activities, as evidenced by a 1980s ranking by the National Association of Insurance Commissioners that placed fraternities and sororities just below hazardous industries in terms of insurance risk. This awareness stemmed from numerous insurance claims and payouts related to sexual assaults and other injuries linked to fraternity events and houses.

The legal action seeks to hold these entities accountable, alleging that they failed in their duties to manage and supervise effectively, to prevent dangerous conditions, and to protect students from harm. The plaintiff accuses the defendants of negligence, gross negligence, and other wrongful acts, leading to severe physical, emotional, and psychological damages. The suit demands a jury trial, seeking justice, accountability, and compensation for the harm suffered by the plaintiff.

This case brings to light the ongoing issues of sexual violence and misconduct within university Greek life, the alleged failures of national fraternities, sororities, and universities to safeguard their students, and the broader implications of such negligence on the well-being and safety of students across campuses. This conversation is long overdue.

December 8, 2023: Group Of Plaintiffs Allege Sexual Assault During Driving Test 

In Pacho v. The State of New York, a group of plaintiffs alleged negligence by the State of New York due to a sexual assault committed by a Department of Motor Vehicles (DMV) employee during a driving test. These allegations also included claims of prior bribery attempts by the same DMV employee, which, according to the plaintiffs, were not adequately addressed by the DMV. The case was presented before the Court of Claims in New York.

The crux of the plaintiffs’ argument was that the state had failed in its duty to properly supervise and monitor the DMV employee, leading to the alleged assault. The state, however, argued for immunity on the grounds of performing a governmental function and contended that it was not liable for the employee’s actions, which it considered beyond the scope of his employment.

The judge after reviewing the allegations last month, denied the state’s motion for summary judgment, effectively allowing the case to proceed.

November 29, 2023: New York Adult Survivors Act Window To File Has Closed

The New York Adult Survivors Act window to file older sex abuse lawsuits has now closed. The law led to a significant influx of over 3,700 lawsuits, as survivors of sexual abuse seized the opportunity to file civil claims, irrespective of when the abuse occurred. High-profile figures and entities implicated include Salesforce in connection with Backpage.com, along with renowned personalities like Cuba Gooding Jr., Harvey Weinstein, Bill Cosby, Jeffrey Epstein, NYC Mayor Eric Adams, Russell Brand, Jamie Foxx, and Axl Rose. It would make even more sense to open the window again… or keep it open.

November 28, 2023: New Lawsuit Accuses John Foglietta Of Repeated Assault Of 12 Year Old 

A man who was allegedly sexually abused at Joe Namath’s youth football camp in 1972 when he was 12 has filed a lawsuit accusing John Foglietta, a former football coach at Brooklyn Poly Prep, of repeatedly assaulting him. Foglietta, who died in 1998, was accused of being a serial pedophile with a history of abusing boys during his coaching tenure from 1966 to 1991.

This New York sex abuse lawsuit claims the abuse began in 1970 and continued for several years. He alleges that Namath and his partner, John Dockery, ignored the abuse happening at the camp. The lawsuit asserts that the plaintiff’s unusual sleeping arrangements at the camp were overlooked by counselors.

November 21, 2023: Roman Catholic Diocese Of Albany Seeks To Move Beyond Recent Year’s Lawsuits 

The Roman Catholic Diocese of Albany is seeking to resolve and move beyond the recent years’ sex abuse lawsuits that have engulfed the diocese and move toward settlement. It has requested that a New York bankruptcy court refer key issues in its case to mediation, particularly concerning its liability in individual childhood sexual abuse claims. The diocese aims for a court-supervised settlement process.

It is complicated to get everyone on the same page. But this approach is hoped to be more efficient in resolving issues central to the diocese’s Chapter 11 bankruptcy plan. The settlement mediation is intended to figure out who has viable sex abuse lawsuits and get the insurance companies to put up the money they need to get it done.

This move follows the diocese’s filing for Chapter 11 protection in response to over 400 sexual abuse claims reopened under New York’s Child Victims Act. Prior to bankruptcy proceedings, the diocese had provided settlement payouts for approximately 50 of these claims. Additionally, it has started legal action against its insurers to determine their coverage obligations for these abuse claims. The decision to seek mediation reflects the diocese’s ongoing efforts to address and resolve these complex legal matters.

November 10, 2023: Sean Combs Settles Sex Abuse Lawsuit One Day After It Was Filed 

Sean Combs and R&B singer Cassie reached a settlement one day after she filed a sexual abuse lawsuit against Combs in New York federal court. The lawsuit accused Combs of rape, physical abuse, and sex trafficking.  Cassie’s sex abuse lawsuit alleges multiple instances of abuse, including rape and physical violence, during her relationship with Combs. The lawsuit, which drew global attention due to Combs’ fame in the music industry and the serious nature of the allegations, also named Bad Boy Entertainment, Epic Records, and Combs Enterprises LLC as defendants. The lawsuit sought unspecified damages and was filed under New York’s Adult Survivors Act, allowing survivors of sexual offenses to sue beyond the statute of limitations.

November 17, 2023: Columbia Creates $100 Million Settlement Fund For Victims Of Robert Hadden 

Columbia University has created a $100 million settlement fund for individuals affected by the sexual abuse committed by a former university obstetrician-gynecologist, Robert Hadden, who was convicted and sentenced to 20 years in prison.

University President Minouche Shafik has publicly apologized for the institution’s shortcomings in protecting those harmed. The university will also conduct an independent review to understand how the abuse persisted and is establishing a new center focused on patient safety. Additionally, over 6,500 former patients will be notified about Hadden’s crimes, offered support, and informed of their rights under a New York law that allows them to sue for damages beyond the normal statute of limitations period.

October 30, 2023: Judge Awards $10 Million To Victim Of Abuse From Former Lovejoy Youth Leader

A judge awarded $10 million to a man who was sexually abused as a child by Paul D. Gaeta, a former Lovejoy youth leader. The verdict came from a lawsuit initiated in March 2020 that alleged that Gaeta sexually abused the plaintiff, then an 11-year-old boy, twice in 1987. Despite prior charges against Gaeta for child endangerment and a felony sex charge in 1978—which were dismissed and the case sealed, keeping him off the sex offender registry—investigations revealed failures in the system that allowed Gaeta to continue abusing others. Evidence included a sworn affidavit from a retired Buffalo Police Officer and notes from a journalist, detailing Gaeta’s long history of abuse. The plaintiff suffered psychological injuries, leading to PTSD, depression, anxiety, and multiple suicide attempts. The court’s award included $3 million for past pain and suffering, $1 million for future pain and suffering, and $5 million in punitive damages, with interest and costs pushing the total award over $10 million.

October 2, 2023: Unsecured Creditors In Chapter 11 Case Of Buffalo Diocese Request Permission To Subpoena Insurance Companies

The unsecured creditors in the Chapter 11 case of the Roman Catholic Diocese of Buffalo are requesting permission from a New York bankruptcy judge to subpoena insurance companies for historical policy information that the diocese claims it cannot locate. This information, particularly records related to coverage before 1972, is crucial for the committee and the diocese to negotiate a Chapter 11 plan. Despite the diocese’s limited success in finding its own insurance coverage records, the committee believes that seeking information from insurance companies is necessary for resolving the case effectively.

In other news, Steven B. Fabrizio, the former general counsel of the Motion Picture Association of America and a former partner at Jenner & Block LLP, has had his law license formally revoked in the state of New York over two years after pleading guilty to felony third-degree sexual abuse and felony blackmail.

What did he do? He paid a woman $400 for sex and then threatened to disclose to her employer and landlord that she had engaged in prostitution. He had already been disbarred in Washington, D.C., and Pennsylvania due to his felony convictions.

September 8, 2023: New York Doctor Stuart Copperman Ordered To Pay $22 Million To Alleged Victim Of Sexual Abuse 

A New York doctor, Stuart Copperman, has been ordered to pay $22 million to a woman who alleged she was sexually abused by him throughout her childhood. The judge ruled that Copperman must pay $22 million in compensatory and punitive damages due to the lasting psychological harm caused by the abuse, which led to anxiety, depression, emotional distress, developmental delays, and difficulties in forming relationships.  This case is among the first of around 100 civil child sex abuse lawsuits filed against Copperman to reach a verdict.

These sexual assault lawsuits accuse Copperman, a former pediatrician, of subjecting adolescent girls to years of unthinkable, damaging, and emotionally scarring abuse within his medical practice. Despite repeated complaints to the state’s medical board, Copperman continued his alleged abuse.  Good people doing nothing.

Sex abuse lawsuits like this are possible because New York finally passed the Child Victims Act, extending the statute of limitations for child sexual abuse lawsuits and allowing previously time-barred claims to be filed. Copperman is facing over 100 complaints alleging decades of child sexual assaults, and this recent verdict involved an unidentified woman who claimed she was abused by him from childhood until the age of 18.

In other news, the Roman Catholic Diocese of Ogdensburg, encompassing 78 parishes and 72,000 Catholics in New York, has filed for Chapter 11 protection to address a surge in sex abuse claims. The move comes as a response to lawsuits filed against the Diocese under the Child Victims Act, with over 100 cases currently pending, dating back to the 1940s through the 1990s.

August 12, 2023: Catholic Diocese Of Syracuse Agrees To $100 Million Global Settlement 

The Catholic Diocese of Syracuse, New York, has agreed to a $100 million global settlement to resolve hundreds of pending sexual abuse lawsuits against the church. The Diocese will establish a settlement trust fund that will be used to make compensation payouts to victims of sexual abuse committed by clergy and church employees. The settlement deal will need to be approved by the bankruptcy court because the Syracuse Diocese is currently in Chapter 11 bankruptcy.

In other news, the Madison Square Boys & Girls Club Inc. has received approval to conclude its bankruptcy proceedings with a reorganization plan set to provide approximately $22 million in compensation to abuse claimants. The New York-based chapter of the Boys & Girls Club of America announced that U.S. Bankruptcy Judge Sean Lane has granted approval for its Chapter 11 reorganization plan. This plan aims to address nearly 150 sex abuse claims linked to a now-deceased doctor who volunteered as a physician for the organization while being employed by Rockefeller University.

July 11, 2023: Roman Catholic Diocese Of Rochester’s Chapter 11 Fund Surpasses $126 Million

The Roman Catholic Diocese of Rochester told a New York bankruptcy judge that the total fund for sexual abuse claims in the diocese’s Chapter 11 plan has surpassed $126 million as the result of over $50 million in agreements with two of the diocese’s insurers.

This diocese was the first of New York’s eight dioceses to declare bankruptcy four years ago after the Child Victims Act – which we explain below –  led to a surge in sexual abuse claims.

June 9, 2023: Wrongful Death Lawsuit Not Allowed Under CVA

In Estate of R.S.G. v. Catholic Foreign Mission Society of America, Inc. decided by the Supreme Court of New York, Westchester County, the court looked at a wrongful death claim brought by the estate of R.S.G., alleging that R.S.G. was sexually abused as a minor by a member of the clergy during the years 1962-1969.

The estate sought to use the Child Victims Act to revive this time-barred wrongful death claim. The CVA extended the statute of limitations for civil actions against perpetrators of sexual abuse against minors and included a “look-back” window allowing for previously time-barred claims to be filed within a specific period.

The court’s decision focused on whether the CVA’s revival provisions applied to wrongful death claims. The court concluded that the CVA was intended to benefit survivors of sexual abuse, not the heirs of survivors. So in the absence of such language in the CVA, it is indicated that the legislature intended the CVA’s revival provisions to apply to wrongful death claims, a wrongful death lawsuit will not fly. Consequently, the court dismissed the wrongful death claim as it was not revived by the CVA, adhering to a strict interpretation of the law and the expressed intent of the legislature.

I think the court was sympathetic to the plaintiffs – how could they not be? – but the law is pretty clear.

May 2023: Largest Ever Award For Child Sex Abuse Lawsuit Under CVA

A jury in Monroe County awarded a man in his 60s $95 million in a sexual abuse lawsuit brought against a catholic priest (Foster Rogers) for sexual abuse that occurred in 1979. The verdict is the largest award ever for a child sex abuse civil lawsuit brought under New York’s new Child Victims Act, which removed legal barriers to enable victims of child sexual abuse to bring civil claims.

November 30, 2022: New York ASA Becomes Law

The New York Adult Survivors Act (ASA) became law this month. The ASA eliminates the statute of limitations on all sex abuse civil lawsuits involving adult victims. The law is temporary, however, and the elimination of the SOL will only last for 1 year.

May 26, 2021: Roman Catholic Diocese Of Buffalo Files For Chapter 11 Bankruptcy 

The Roman Catholic Diocese of Buffalo filed for Chapter 11 bankruptcy earlier this month after facing over 400 sex abuse claims. The diocese has paid out over $17 million in settlements to survivors.

March 24, 2021: Diocese Of Rockville Centre Files For Chapter 11 Bankruptcy 

The Diocese of Rockville Centre, which serves Nassau and Suffolk counties on Long Island, recently filed for Chapter 11 bankruptcy due to the mounting costs of settling sex abuse claims. The diocese has paid out more than $62 million in settlements to over 350 survivors since 2017.

September 15, 2019: Roman Catholic Diocese Of Rochester Files For Chapter 11 Bankruptcy 

The Roman Catholic Diocese of Rochester filed for Chapter 11 Bankruptcy due to the growing number of sexual abuse civil lawsuits being brought against it. The Rochester Diocese has assets estimated between $50-100 million, while its financial liabilities