Article · Tort
The Case the Calendar Almost Killed: How Revival Statutes Changed Abuse Litigation
20 U.S.C. § 1681
- Type
- Article
- Jurisdiction
- National
- Date
- 2024-05-26
- Topic
- Tort
For most of the twentieth century, civil claims for childhood sexual abuse expired before survivors were ready to bring them. This article explains why, what changed, and how the resulting wave of litigation actually works. It covers the limitations problem in detail — accrual, tolling, delayed discovery, and the revival statutes that reopened expired claims — and the constitutional objections defendants raise to them. It explains why the institution, not the individual, is usually the defendant that matters, and the theories that reach it. It covers the federal civil remedies and the deliberate indifference standard that governs schools. It explains insurance coverage fights and the bankruptcy filings that have resolved the largest cases. It closes with what a survivor should know before deciding whether to file.
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