New York State and 18 Other Jurisdictions Drastically Expand Window on Child Sexual Abuse Cases

New York State Along With 18 Jurisdictions Change Window on Child Sexual Abuse Statutes of Limitations for 2019

Victims can now bring suit for much older abuse cases that would in the past have been blocked by statutes of limitation

Nonprofit think tank Child USA reports that no fewer than 19 jurisdictions in the United States are significantly expanding their windows on the prosecution of sexual abuse crimes. On August 14, 2019, New York State will be the first to do so by extending its criminal statute of limitations for felony prosecutions for sexual abuse to victims aged 28 and for misdemeanor prosecutions to victims aged 25. The new law will also allow civil claims against individuals and institutions to be brought by adults up to age 55, and removes the 90-day notice requirement for claims against public institutions. The new law further opens a 1-year “revival window” against individuals and institutions that will allow past abuse to be reported and prosecuted. This new mandate was signed into law by New York State Governor Andrew Cuomo on February 14, 2019. [Read more…]

Law.com’s “Meet the Attorneys” in the Hotchkiss School Sexual Assault Case

Hotchkiss sexual abuse case lawyers

The Connecticut Law Tribune and Law.com (subscription) recently published an overview of the lawyers prosecuting and defending claims in the suit accusing the Hotchkiss School of breach of fiduciary duty for allegedly taking no action to protect boys allegedly sexually abused at the school decades ago. In late July 2019, U.S. District Judge Victor A. Bolden for the second time rejected a request by the attorneys representing the Hotchkiss School to dismiss the sexual abuse lawsuit against the prestigious college preparatory institution, ruling in favor of the plaintiff that a jury trial should take place. [Read more…]

USC/Tyndall Sexual Assault Survivor Op-Ed: “USC Gynecologist George Tyndall Abused Me & My Fight For Justice Goes Beyond His Trial.”

Bustle USC/Tyndall Op-Ed

Bustle magazine has published a moving opinion piece written by USC alumna Shannon O’Conner, one of the thousands of women who allegedly suffered sexual abuse by the former head gynecologist at the USC student health center. Ms. O’Conner, a television producer in Los Angeles, recounts the sense of relief she felt after Tyndall was charged with 29 felonies in June 2019. [Read more…]

Judge Rules Hotchkiss School Student Sexual Abuse Trial Will Move Forward

Hotchkiss

On Tuesday, July 23, 2019, U.S. District Judge Victor A. Bolden for the second time rejected a request by the attorneys representing the Hotchkiss School to dismiss the sexual abuse lawsuit against the prestigious college preparatory institution, ruling in favor of the plaintiff that a jury trial should take place. [Read more…]

Claims Period Opens in USC Tyndall Sex Abuse Gender Violence Case

USC

On July 12, 2019, formal notice was sent to over 150,000 women identified as possible victims of the sexual predation and misconduct of USC gynecologist George Tyndall over the last several decades. Notice is being transmitted by email, direct mail, and social media, and the official settlement website for the case is now live at https://www.usctyndallsettlement.com. Women who wish to submit claims or learn more about the settlement and the claims process should visit the website at their earliest convenience for full information about the USC/Tyndall Sexual Abuse Litigation settlement. [Read more…]

Hotchkiss School Sexual Abuse Lawsuit to Go Forward After Court Ruling

Hotchkiss

As reported by Law.com, U.S. District Judge Victor Bolden (D. Conn.) has ruled that a former student’s lawsuit against the prestigious Hotchkiss School in Connecticut alleging sexual abuse by Roy Smith, a teacher at the school in the 1990s, may move forward. Though the judge dismissed a count of intentional infliction of emotional distress against Hotckhiss, he ruled that the case can proceed on the four other counts, those of breach of fidicuary duty, recklessness, negligence, and negligent infliction of emotional distress. [Read more…]

Myth vs. Fact Guide to the USC Dr. George Tyndall Sexual Abuse Settlement

USC and Dr. George Tyndall Sexual Abuse Cases

Below you will find comprehensive information on the settlement of the sexual abuse and gender violence filed on behalf of thousands of University of Southern California students against Dr. George Tyndall and USC.

Additional information is available on the official Settlement website. Anyone who thinks they may be a member of the class should visit the official website to read Court-approved information. 

MYTH: The class action settlement prevents survivors from filing individual lawsuits.

FACT: Women can choose to opt-out of the class action settlement and pursue their civil claims in court if they believe that is what is best for them. The settlement does not prevent any woman from pursuing her claim in court – instead, it simply provides an additional choice for survivors in how they wish to pursue their claims, if at all. Without the settlement, a survivor’s only choice is litigation. With the settlement, a survivor can still choose litigation if she wishes, or she can choose to participate in the settlement. The settlement increases choices for survivors; it doesn’t prevent anyone from doing anything.

[Read more…]

Judge in USC Tyndall Sex Abuse Gender Violence Case Issues Order Granting Plaintiffs’ Renewed Motion for Preliminary Settlement Approval

USC

On June 13, 2019, Judge Steven V. Wilson of the U.S. District Court for the Central District of California issued an order granting Plaintiffs’ renewed motion for preliminary approval of the class action settlement of the gender violence and sexual abuse litigation against Dr. George Tyndall and the University of Southern California. The settlement will require USC to adopt and implement procedures for identification, prevention, and reporting of sexual and racial misconduct, as well as recognize the harm done to all of Tyndall’s patients through a $215 million fund that gives every survivor a choice in how to participate.  [Read more…]

USC/Tyndall Class Action Settlement to Establish Institutional Reforms on Campus, Provide $215 Million Fund for Survivors

USC

Revised agreement filed today includes additional information requested by Court

University of Southern California (USC) students and alumnae today filed an amended class action settlement agreement that creates a $215 million fund recognizing all survivors of former student health center gynecologist George Tyndall, while establishing institutional reforms on campus such as new procedures for identification, prevention, and reporting of sexual and racial misconduct. [Read more…]

Passage of NY Child Victims Act Presents Vital Opportunity for Survivors of Sexual Abuse at Rockefeller Hospital to Seek Redress

New York State Along With 18 Jurisdictions Change Window on Child Sexual Abuse Statutes of Limitations for 2019

In 2018 The New York Times published an explosive article detailing a widespread pattern of sexual exploitation and abuse by now-deceased Dr. Reginald Archibald at New York’s Rockefeller University Hospital in a staggering range of incidents dating as far back as the 1950s and extending to a thousand patients or more. Now that New York legislature has passed a groundbreaking expansion of the time period in which survivors can bring lawsuits relating to such offenses, affected patients of Dr. Archibald are empowered to seek redress for their past victimization via legal means. [Read more…]

New York State Senate Passes Child Victims Act

New York State Along With 18 Jurisdictions Change Window on Child Sexual Abuse Statutes of Limitations for 2019

After years of being blocked by a Republican-controlled legislature, the Child Victims Act, sponsored by Senator Brad Hoylman’s and Assembly Member Linda Rosenthal, has finally been passed by the New York State Senate. As reported by The New York Times, for the past 13 years, activists and Democratic officials in the state of New York have fought to strengthen protections for childhood abuse victims, only to face significant resistance from powerful interests groups including insurance companies, private schools, and leaders from the Roman Catholic Church and Orthodox Jewish communities. [Read more…]

Lieff Cabraser Files New Lawsuit Against the Hotchkiss School in Connecticut Over Allegations of Drugging and Sexual Abuse of a Student

College prep school

On October 12, 2018, Lieff Cabraser and co-counsel filed the latest in a series of lawsuits against the exclusive Hotchkiss college preparatory school in Connecticut, over allegations that a teacher at the Hotchkiss School drugged and sexually assaulted a student at the school in the 1990s. In addition to seeking justice for the former student plaintiff, the lawsuit seeks to uncover a pattern of tolerance, institutional cover-ups, and multiple predation events at the school going back decades. The suit also calls for a “truly independent” investigation of sexual abuse at Hotchkiss, citing a previous study by the law firm Locke Lord that the current pleadings describe as “woefully incomplete.” [Read more…]

Lieff Cabraser Announces Class Action Sexual Assault Lawsuit Against Patrick Sutton, M.D., and Huntington Memorial Hospital in Pasadena, CA

Hospital

Lieff Cabraser and Sauder Schelkopf LLC have filed a class action lawsuit on behalf of women who were sexually assaulted and harassed during treatment by longtime Huntington Hospital ob/gyn Patrick Sutton. The complaint was filed by three women who allege assault and harassment by Sutton, and notes that the hospital had received numerous complaints about Sutton’s behavior dating back 20 years, yet continues to allow him to practice there. Dr. Sutton has worked at Huntington Hospital since 1989. [Read more…]

Huntington Hospital Gynecologist Repeatedly Accused of Sexual Misconduct by Medical Board

Hospital building

The LA Times reports that Dr. Patrick Sutton, a noted Pasadena obstetrician, faces the suspension or loss of his license in the wake of a fifth accusation of sexual misconduct. In this fifth instance of alleged inappropriate behavior, state regulators accuse Sutton of making improper comments about a patient’s appearance and sex life. Though the previous accusations were available in public records, the Times notes that they were not previously reported in the media. [Read more…]

14 Former McCallie School Students Allege Sexual Misconduct by Past Faculty Members

College prep school

As reported by WRCBtv, 14 former students of the prestigious McCallie School in Chattanooga, Tennessee have revealed that they were victims of sexual misconduct at the school between the late 1960s and 2000. A letter circulated to parents of McCallie students earlier this week contained details about the 14 former students who had reported they experienced the sexual misconduct at McCallie. [Read more…]

Sexual Assault Subpoenas Issued to All New York Catholic Dioceses by NY Attorney General

Hospital

As reported by U.S. News, the Chicago Sun-Times, the Washington Post, and numerous other outlets, a major investigation has been launched in New York looking into allegations of widespread sex crimes committed by Catholic Church priests that were subsequently covered up by church leadership. Sources indicate that the NY AG’s office issued civil subpoenas to all eight Catholic dioceses in New York state, following close on the heels of “shocking” grand jury reports in Pennsylvania of predator priests in more than 1,000 incidents involving approximately 300 priests across that state. As NBC posted, “New York Attorney General Barbara Underwood has subpoenaed all eight Roman Catholic dioceses in the state as part of her office’s investigation into the church’s handling of sex abuse allegations.” [Read more…]

Long Overdue Changes Emerging on Sexual Harassment as USC Gynecologist Scandal Widens

Long Overdue Changes Emerging on Sexual Harassment as USC Gynecologist Scandal Widens

Op-ed piece by Lieff Cabraser associate Laura Heiman & summer associate Rachel Green

The #MeToo and Times Up movements have changed the national and global conversation about sexual harassment and assault, heralding the rise of an important and long-needed cultural shift. The #MeToo movement‘s encouragement of survivors to come forward to share their stories in solidarity has sparked a marked increase in the public reporting of sexual misconduct. [Read more…]

In Wake of USC Sex Scandal Huffington Post Publishes Primer on What Patients Should Expect and Accept During a Gynecologist Appointment

In Wake of USC Sex Scandal Huffington Post Publishes Primer on What Patients Should Expect and Accept During a Gynecologist Appointment

As outrage and media attention continue to escalate in the wake of the USC Dr. George Tyndall sex abuse scandal, the Huffington Post has published a helpful article on “What’s Not Normal (And What Is) When You Go To The Gynecologist.” Lieff Cabraser and other law firms have filed numerous lawsuits on behalf of women who allege they were sexually abused, harassed, and/or molested by gynecologist George Tyndall, M.D., while they were students attending the University of Southern California (“USC”). [Read more…]

Outrage Grows as USC Tyndall Doctor Sex Abuse Scandal Widens

Outrage Grows as USC Tyndall Doctor Sex Abuse Scandal Widens

Widespread media attention and public awareness are growing in the wake of the filing of a class action lawsuit on behalf of women who were patients of gynecologist George Tyndall, M.D. as students at the University of Southern California (“USC”). [Read more…]