United States:
New York Adult Survivors Act Likely To Pass Constitutional Muster – Other Considerations Will Surface During Litigation
23 August 2022
Wilson Elser Moskowitz Edelman & Dicker LLP
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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.
Read the Article.
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.
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