Richard J. Hughes Justice Complex in Trenton, New Jersey. Credit: Google Wainer Apter Pens First Opinion as NJ Justice, Siding With Survivor on Child Sexual Abuse Act Claim
"Applying the law in effect at the time a complaint is filed—even when that law changed the requirements for filing a complaint—is not applying a statute retroactively; it is applying a statute prospectively to cases filed after its effective date," said Justice Rachel Wainer Apter, in her first written opinion for the court.
January 19, 2023 at 11:22 AM
6 minute read
In her first written opinion for the New Jersey Supreme Court, Justice Rachel Wainer Apter held that a child sexual abuse survivor who filed a Child Sexual Abuse Act complaint against a public entity does not need to file a Tort Claims Act notice of claim before filing suit.
According to the opinion, plaintiff W.S. alleged that when he was a student at Myron L. Powell Elementary School in Lawrence Township, his homeroom teacher, Derek Hildreth, sexually assaulted him. The alleged assault took place during the 1996-97 school year when W.S. was in sixth grade. In January 2017, W.S. moved for leave to file a late notice of tort claim, which was denied by the trial court. The motion was denied without prejudice, allowing W.S. to refile with the requirements of N.J.S.A. 59:8-9 within 90 days, but he never did.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
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 All
Longtime AOC Director Glenn Grant to Step Down, Assignment Judge to Take Over
4 minute read
'Younger and Invigorated Bench': Biden's Legacy in New Jersey Federal Court
5 minute read
Judge Jablonski and Chief Justice Rabner Both Acted Completely Properly
4 minute read
Battles Won, Others Abandoned: 2024 Brought Big Change to the Judiciary
6 minute readTrending Stories
- 1Bill Would Consolidate Antitrust Enforcement Under DOJ
- 2Cornell Tech Expands Law, Technology and Entrepreneurship Masters of Law Program to Part Time Format
- 3Divided Eighth Circuit Sides With GE's Timely Removal of Indemnification Action to Federal Court
- 4Former U.S. Dept. of Education Attorney Suspended for Failure to Complete CLE Credits
- 5ArentFox Schiff Adds Global Complex Litigation Partner in Los Angeles
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
