Michael Boulhosa (Partner-White Plains, NY) and John Cahill (Associate-White Plains, NY) co-authored "New York Adult Survivors Act likely to pass constitutional muster – other considerations will surface during litigation" for the August 15, 2022 practitioner insights commentaries in Westlaw Today. The article explores potential constitutional challenges to the Adult Survivors Act (ASA) legislation allowing adult victims to sue for past sexual abuse, as compared to those arising from the passage of the Child Victims Act (CVA) in 2019. Recognizing that "debate on the constitutionality of the ASA will entail a variety of factors not considered in CVA cases," Michael and John anticipate "a new wave of litigation" and discuss compounding variables affecting arguments and the importance of litigation preparation regarding liability and damages defenses.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
