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Retribution Against Catholic Dioceses By Revival: The Evolution And Legacy Of The New York Child Victims Act Claims Revival Window, Marie T. Reilly Jan 2022

Retribution Against Catholic Dioceses By Revival: The Evolution And Legacy Of The New York Child Victims Act Claims Revival Window, Marie T. Reilly

Catholic Dioceses in Bankruptcy

This article considers the evolution of limitations relief for time-barred child sexual abuse tort claims in New York culminating with the claims revival window enacted in 2019 as part of the New York Child Victims Act (NYCVA). The story of child sexual abuse litigation against Catholic dioceses and the legal and political history of the NYCVA exposes the important but largely unexplored balance of competing policy objectives that limitations laws strike. How child sexual abuse claimants achieved retribution by revival in the NYCVA reveals the fragility of limitations laws and the importance of coherent and consistent policy for revival of …


Voluntary Petition For Non-Individuals Filing For Bankruptcy Sep 2019

Voluntary Petition For Non-Individuals Filing For Bankruptcy

Catholic Dioceses in Bankruptcy

No abstract provided.


Catholic Dioceses In Bankruptcy, Marie T. Reilly Jan 2019

Catholic Dioceses In Bankruptcy, Marie T. Reilly

Catholic Dioceses in Bankruptcy

The Catholic Church is coping with mass tort liability for sexual abuse of children by priests. Since 2004, eighteen Catholic organizations have filed for relief in bankruptcy. Fifteen debtors emerged from bankruptcy after settling with sexual abuse claimants and insurers. During settlement negotiations, sexual abuse claimants and debtors clashed over the extent of the debtors’ property and ability to pay claims. Although such disputes are common in chapter 11 plan negotiations, the Catholic cases required the parties and bankruptcy courts to account for unique religious attributes of Catholic debtors. This article reviews the arguments and outcomes on property issues based …