Articles Posted in Injury Law

Cornell University law professor Michael C. Dorf explains how under defamation law, Donald Trump may be vulnerable to defamation lawsuits by the women he accused of lying about contact with him, and why, at the same time, any defamation lawsuits he might pursue against those women would be unlikely to succeed.

Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains how federal and state law interact to block survivors of child sex abuse from justice. As Hamilton explains, extending statutes of limitations for bringing abuse claims, or eliminating them altogether, is only one (albeit critically important) step state legislators must take toward helping survivors get the justice they deserve.

Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, comments on the recent announcement by Cardinal Timothy Dolan of an Independent Reconciliation and Compensation Commission intended to help some clergy sex abuse victims in the New York City Archdiocese. Hamilton describes Dolan’s mixed record on justice for sex abuse victims but hails the latest development as a step in the right direction.

Cardozo Law professor Marci Hamilton explains what is really behind a Catholic bishop’s letter urging Catholics to oppose Pennsylvania HB 1947—a significant bill that would reform statutes of limitations for victims of child abuse and incest thereby giving them greater access to justice.

Cardozo Law professor Marci Hamilton explains how the Sandusky scandal at Penn State revealed that ignoring and covering up child sex abuse over an extended period of time is not unique to the Catholic church. Hamilton argues that Joe Paterno knew of the child sex abuse long before it came to public light but that he chose to keep Sandusky because doing so served his own ends.

Cardozo Law professor Marci Hamilton comments on a recent development in protections for child sex abuse victims’ access to justice: a letter signed by 62 Jewish rabbis and leaders calling for New York to pass the Child Victims Act, which would create access to justice for child sex abuse victims by eliminating and reviving expired statutes of limitations.

Former counsel to the president John W. Dean continues his discussion of the defamation lawsuits filed by Philadelphia Phillies first baseman Ryan Howard and by Washington Nationals infielder Ryan Zimmerman against Al Jazeera America (AJAM). Dean assesses defendant AJAM’s motions to dismiss both cases for failure to describe facts that give rise to a plausible entitlement to relief, a requirement under federal law.

Cardozo law professor Marci Hamilton examines the position Bucks County, Pennsylvania, District Attorney David Heckler has taken with respect to child sex abuse and sex assault victims. Hamilton points out that Heckler does not seem to truly support the protection of children, based on his role in the misleading statements about SOL in the Task Force Report, the delay in release of a grand jury report that supports SOL reform, and the failure to prosecute a Catholic priest accused of sexual abuse.

Cardozo law professor Marci Hamilton and guest columnist and child traumatology specialist Steven Berkowitz, M.D., describe the several ways in which Catholic bishops have prevent sex abuse victims from seeking justice for their abusers. Hamilton and Berkowitz argue that justice demands that legislators revive expired civil statutes of limitations and, going forward, eliminate the criminal and civil statutes of limitation for child sex abuse.

Former counsel to the president John W. Dean discusses the defamation action brought by Boston College public affairs director Jack Dunn over his portrayal in the Academy Award winning film “Spotlight.” Dean expresses surprise that the Academy would award the honor of Best Picture to a film that twisted facts for dramatic gain at the expense of at least one person’s reputation and suggests that the Academy should consult fact checkers as part of its film evaluation process.

Cardozo Law professor Marci Hamilton discusses the recently released report on abuse in the Altoona-Johnstown Catholic Diocese in Pennsylvania. Hamilton argues that with the motion picture Spotlight having received the Oscar for Best Motion Picture, legislators in Pennsylvania and elsewhere should have even greater motivation to reform civil and criminal statutes of limitations with respect to victims of child sex abuse.

Former counsel to the president John W. Dean continues his discussion of the controversial investigative report by Al Jazeera Investigates that implicates several elite American athletes of illegal doping. Dean discusses the two lawsuits filed in federal court in the District of Columbia and the possible role an anti-SLAPP statute might play in those lawsuits.

In this first of a series of columns, former counsel to the president John W. Dean comments on the Al Jazeera sports doping exposé and the two defamation actions filed this week by Ryan Howard and Ryan Zimmerman. Dean anticipates that these lawsuits might develop into a lengthy legal battle that puts American defamation law to the test.

Hofstra University law professor Joanna Grossman comments on a recent lawsuit by Charlie Sheen’s ex-fiancée seeking damages for Sheen’s failure to disclose his HIV status. Grossman discusses the nature of the complaint filed and describes how civil and criminal laws must balance the right of individuals to sexual privacy against interests such as public health.

Cardozo law professor Marci Hamilton predicts that the release of the motion picture Spotlight—which is about the cover up of child sex abuse by priests in the Boston Archdiocese—will force the hands of politicians and candidates across the country with respect to their positions on these issues.

Cardozo law professor Marci Hamilton celebrates the ten-year anniversary of the groundbreaking 2005 Grand Jury Report on Child Sex Abuse in the Philadelphia Archdiocese. She argues that while that document pales in comparison to the Australian Commission’s report on abuse in that country, it is still hugely significant and should serve as the benchmark for responsible prosecutorial initiative on clergy sex abuse in the United States.

Cardozo law professor Marci Hamilton praises the women who are stepping forward publicly to accuse Bill Cosby of rape and sexual assault. Hamilton points out that despite the presence of restrictive statutes of limitations in most states, many survivors are stepping forward to seek justice and raising awareness.

Cardozo law professor Marci Hamilton comments on the recent visit by Pope Francis to Philadelphia on the ten-year anniversary of the release of the landmark Grand Jury Report on Sexual Abuse in the Philadelphia Archdiocese. Hamilton argues that now is the time for state legislators to eliminate statutes of limitations for civil sex abuse suits and revive those claims that have expired due to short statutes of limitations.

Cornell University law professor Michael Dorf considers to what extent defamation law provides a remedy for people who appear in deliberately misleading audiovisual recordings, as in the recently released videos ostensibly showing senior officials of Planned Parenthood stating prices for selling fetal body parts.

Former counsel to the president John W. Dean laments the willingness—even enthusiasm—of Bill Cosby’s legal defense team to engage in ethically questionable tactics with respect to Cosby’s victims, including using the media to defame the victims.