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.

The Case the Calendar Almost Killed: How Revival Statutes Changed Abuse Litigation

Tort > Sexual Abuse and Institutional Liability | Published 26 May 2024 - Updated 26 May 2026 | UpLaw - uplaw.us

The Problem the Law Created

For most of the last century, a person abused as a child had a limited number of years after turning eighteen to file a civil claim. In many states that period was two or three years.

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