California enacted Assembly Bill-218 on October 14, 2019, amending Code of Civil Procedure section 340.1. In doing so, California greatly expanded damages awards available to childhood sexual assault victims, including treble damages against entities that engage in “covering up” childhood sexual assault. One of the principal byproducts of the reform legislation is treble damages claims may be erroneously asserted against public school districts in childhood sexual assault cases. In two recent decisions, California’s appellate courts have vigorously reaffirmed the traditional rule that statutory sovereign immunity under Government Code section 818 bars liability for treble damages claims brought against public entities under Code of Civil Procedure section 340.1.
LOS ANGELES (February 10, 2020) – Marking another victory for nationwide civil defense firm Tyson & Mendes LLP, a motion for summary judgment has been granted by Hon. Deidre Hill in favor of an elementary school district in Los Angeles, which was being sued for the unlawful sexual acts of a former employee.
In New York, 2019 has brought sweeping changes to the time limits applicable to matters arising from childhood sexual abuse. Through what is commonly known as the Child Victims Act (“CVA”), legal action for childhood sexual abuse will be available for longer periods of time and many civil cases previously barred by the passage of time may now be pursued by individuals alleging abuse suffered as children. New York is no longer one of the most…
Westport Insurance Corp. v. California Casualty Management Co.
California’s Ninth Circuit recently affirmed that an excess insurer for a California school district had to cover $2.6 million of the total $15.8 million settlement paid by the primary insurer to resolve a case involving three former students’ claims of sexual abuse, finding that the lower court had properly apportioned the settlement between the two insurance carriers.
In many workplace harassment cases, it is often difficult to gather evidence or produce witnesses to testify regarding instances of harassment for a number of reasons. Often, the harassing conduct may take place in private and is undocumented. Where the offending conduct is witnessed by others, social pressure and fear of retaliation for testifying against an employer exacerbate the challenges in obtaining evidence.
KOGO News – November 17, 2017
Sexual assault and harassment accusations are continuing to make national headlines, and employers large and small are on edge. Will someone from their organization be accused next? How can they protect their employees against unwanted sexual advances, and themselves against any legal ramifications, should an accusation arise?
Tyson & Mendes Partner Susan Oliver joined KOGO AM 600’s San Diego Evening News Hour to talk about what employers should do to prevent these types of incidents from occurring in the workplace. Click to listen to her full interview.