Tuesday, October 04, 2022
Tuesday, September 27, 2022
Attorney Andrew Lieb provides clarification to the USA Today by fact checking NY gun laws and false claims. Click here for the full article by USA Today.
Sunday, September 18, 2022
On September 17, 2022, President Biden signed the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022.
The Act completely eliminates the statute of limitations for minor victims to file a civil action for a number of federal sex offenses, including sex trafficking, forced labor, sexual abuse and child pornography. By amending Title 18 of the United States Code, the part that deals with federal crimes and criminal procedure, this Act removes all former time restrictions for specified offenses relating to minors.
Previously, minor victims seeking to file federal civil claims for damages had until their 28th birthday, or until 10 years after the violation or injury was discovered. These restraints presented a substantial barrier for many victims, who often delay in reporting or taking legal action because of the time it takes to process their trauma. Now, the doors of justice are wide open for minor victims to pursue claims and hold their abusers accountable.
Similar measures have been taken at the state level as well. For example, in New York, the Child Victims Act begins the statute of limitations for child sex abuse crimes when the child turns 23 for criminal proceedings, and the filing of a civil action before a toddler, pre-teen, or teenage victim’s 55th birthday.
It's becoming clear that the law is evolving favorably for victims of abuse. Perhaps knowing that the law is on their side will provide survivors with the empowerment that they need to carry on.
Wednesday, September 14, 2022
Did you know that Title VII employment discrimination cases can happen even if the perpetrator is merely the 6-year-old grandson of the owner?
That's the lesson from Chapman v. Oakland Living Center, which is a case against an assisted living facility where the owner’s 6-year-old grandson repeatedly used the n-word against a black employee.
The problem for the employer was - why didn't anyone stop him? The boy’s grandfather either knew or should have known about the conduct and failed to sufficiently respond. Yes, there was a spanking and an unsuccessful attempted to elicit an apology, but that wasn't enough.
The lesson here is don't let hostile, bigoted and offensive remarks occur at the workplace, no matter who is saying them. It's never okay, and failure to stop such remarks will result in a discrimination case. Be warned.
Monday, August 15, 2022
Understanding The Legal Implications of The Unsealed Documents From The Trump Raid. Analysis With Constitutional Attorney Andrew Lieb on Newsy Tonight With Chance Seales.