When the first day of the one-year window to file historic sexual abuse lawsuits ended, a clearer picture of where and who the cases will focus on emerged.
One of most prolific abusers identified earlier this year by The Journal News/lohud, Dr. Reginal Archibald, started having lawsuits filed against his employer, the Rockefeller University Hospital.
James Marsh of New York-based Marsh Law explained why it’s customary to not include dollar amounts in the initial filings in civil cases in New York.
“It’s disfavored as part of New York law to include dollar amounts in civil suits,” Marsh said. “The courts don’t want it.”
There’s was only a single case filed out of Westchester County and none in Rockland County, a fact Marsh thinks has multiple reasons, location and some latency in filing the chief culprits.
Only one CVA suit hit the Westchester civil courts, identified as D.W. v Boy Scouts of America.
“That’s more due to latency in filing. You try to put as many of your cases forward, but I’ve been up since 3 a.m. filing so others might not have made it through yet,” Marsh said.
Marsh has filed 140 claims throughout New York.
Location is another factor as well. While the abuse may have taken place in Westchester or Rockland counties, the Archdiocese is located in New York, so church cases will be filed in New York City instead, Marsh said.
In many child sex abuse cases attorneys usually detail the specifics of the accused abuse. Not so in these cases.
Besides providing basic information naming the accused and when and where the abuse took place, the cases in New York keep the details of the abuse from the filing as more of a strategic move than censorship for graphic content.
“When you include specific details, it allows the opposition to pick the case apart before you get to court,” Marsh said.