Bill Cosby Faces New Challenge in Sexual Assault Suit as Constitutional Scholar Enters Fray
Marci Hamilton "has advised Congress and state governors, legislatures, and courts on the constitutionality of revival window laws for child sex abuse throughout the United States," Child USA said in court papers.
August 12, 2022 at 02:01 PM
5 minute read
Bill Cosby's bid to defeat a sexual assault suit by actor Lili Bernard just got more complicated after an organization headed by University of Pennsylvania professor Marci Hamilton took aim at his defense theory.
Senior U.S. District Judge Noel Hillman allowed Hamilton's group, Child USA, to join the case as amicus on Thursday. On the same day, Child USA submitted a 53-page brief opposing Cosby's motion to dismiss the suit.
Doing battle with Hamilton, an authority on preventing child sexual abuse, will add to the challenges facing Cosby in the case.
Child USA's brief says Hamilton is the "foremost constitutional scholar" on laws changing statutes of limitations on sexual assault, and "has advised Congress and state governors, legislatures and courts on the constitutionality of revival window laws for child sex abuse throughout the United States."
Bernard, who guest starred on the "Cosby Show" in 1984, claimed in her 2021 suit that Cosby lured her to an Atlantic City hotel, where he drugged and sexually assaulted her. Bernard's suit said the alleged assault took place in 1990, when she was 26. Bernard brought the suit under a New Jersey law that relaxed the statute of limitations for certain sexual assault claims.
Cosby has moved to dismiss the case, claiming that the statute, N.J.S.A. 2A:14-2b, is unconstitutional when applied to alleged assaults of adults such as Bernard. The law in question, enacted in 2019, has played a rule in numerous suits accusing clergy and Boy Scout leaders of sexual abuse of minors.
Cosby argued, among other things, that the statute violates due process where it is unconstitutionally vague and where it retroactively deprives him of his statute-of-limitations defense, which is a vested right.
Cosby's lawyer in the case, Jennifer Bonjean of Bonjean Law Group in New York, said she had "no objection to Child USA filing an amicus because it underscores our position that the statute is designed to address child sexual abuse—not untimely claims from adults."
Bonjean said elements of Child USA's argument supported her position that the statute should only apply to allegations of abuse against children.
"There's a certain uniqueness about children in terms of their ability to come forward that doesn't apply to adults. Our argument highlights the differences between child victims and adult victims. Child USA discusses the legislative history behind the statute and why it's so important that the lookback window applies because of the unique crime of child sexual assault. They discuss the origins and why it was created in the first place. It was never intended to encompass adults, if you look at the legislative history," Bonjean said.
Hamilton, in an email, said of her involvement in the case, "The court's decision marks a historic day for survivors, who deserve to have the court's focus on social science and deep dive legal analysis, rather than the last-ditch defenses of the rich and powerful defendants. Cosby has been able to avoid justice for decades due to bad statutes of limitations and scorched earth tactics against victims. These cases turn marginalized and silenced victims into vindicated and thriving survivors."
Child USA's brief says the statute's legislative history demonstrates a clear intent for the revival window to apply to both children and adults, based on similar policy concerns.
The standard statute of limitations for civil suits over sexual abuse is two years. The bill extended that to age 55, or seven years after discovering the injury for those who were abused as minors. For adult victims, the suit must be filed within seven years of discovering the injury.
But Child USA cited a statement by a sponsor of the statute, Sen. Joseph Vitale, D-Middlesex, in a legislative hearing. "For a child or adult, [sexual abuse] is the single most violent life changing event that will ever happen to them. They carry that with them for the entirety of their lives. This bill equally applies to all victims, both children and adults, so they are given a fair and reasonable amount of time to bring their case regardless of when the abuse occurred," Vitale said.
Child USA also said Cosby's claim that most states recognize an absolute constitutional vested right in a statutes-of-limitations defense is "patently false."
A minority of states adheres to a vested rights approach to statutes of limitations but that is "not compelling because it directly conflicts with New Jersey law which does not grant defendants an absolute right to such a defense. The revival of an expired civil statute of limitations has been regularly upheld in other contexts in New Jersey," Child USA argues in court papers.
Hamilton's co-counsel is Hillary Nappi of Hach Rose Schirrpa & Cheverie in New York. Jordan Merson of Merson Law in New York, is representing Bernard. Merson failed to return a call for comment.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLack of Jurisdiction Dooms Child Sex Abuse Claim Against Archdiocese of Philadelphia, Says NJ Supreme Court
5 minute readNJ Jury Awards $8M to Woman Injured by Employees Chasing Suspected Shoplifter
3 minute readTrending Stories
- 1Thursday Newspaper
- 2Public Notices/Calendars
- 3Judicial Ethics Opinion 24-117
- 4Rejuvenation of a Sharp Employer Non-Compete Tool: Delaware Supreme Court Reinvigorates the Employee Choice Doctrine
- 5Mastering Litigation in New York’s Commercial Division Part V, Leave It to the Experts: Expert Discovery in the New York Commercial Division
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250