New Jersey State Bar Association headquarters at 1 Constitution Square, New Brunswick, NJ. Credit: Google Capitol Report
Supreme Court sides with expanded protections for child sexual abuse survivors regarding notices of claim. The New Jersey Supreme Court agreed with arguments advanced by the New Jersey State Bar Association (NJSBA) and held that amendments to the Child Sexual Assault Act (CSAA) dispensing of the requirement to file a Tort Claims Act (TCA) notice within 90 days applied where the cause of action accrued earlier than the effective date of the amendments to the law. In W.S. v. Hildreth, the Court found in favor of the plaintiff, whose cause of action accrued in 2016. The defendant's motion to dismiss was denied, which decision was affirmed by the Appellate Division.BAR REPORT - Jan. 30, 2023
This week's Capitol Report (Supreme Court sides with expanded protections for child sexual abuse survivors regarding notices of claim; NJSBA argues to maintain attorney review clause protections in Appellate Division challenge); Get to know the NJSBA Pro Bono Award winners for 2022; NJSBA Board of Trustees takes action in January meeting.
January 30, 2023 at 10:00 AM
10 minute read
New Jersey State Bar Association headquarters at 1 Constitution Square, New Brunswick, NJ. Credit: Google
Capitol Report
Supreme Court sides with expanded protections for child sexual abuse survivors regarding notices of claim. The New Jersey Supreme Court agreed with arguments advanced by the New Jersey State Bar Association (NJSBA) and held that amendments to the Child Sexual Assault Act (CSAA) dispensing of the requirement to file a Tort Claims Act (TCA) notice within 90 days applied where the cause of action accrued earlier than the effective date of the amendments to the law. In W.S. v. Hildreth, the Court found in favor of the plaintiff, whose cause of action accrued in 2016. The defendant's motion to dismiss was denied, which decision was affirmed by the Appellate Division.
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