In a win for victims’ rights, the New Jersey Supreme Court agreed with Amicus counsel, Javerbaum Wurgaft partners Eric G. Kahn and Annabelle M. Steinhacker, who argued as Amicus on behalf of the New Jersey Association of Justice, that the Child Sexual Abuse Act, which extended the statute of limitations for child abuse claims, applies to all claims without the need to file a Tort Claim Notice.
In W.S. v. Hildreth, ___ N.J. ___, (2023), the Supreme Court rejected Defendant’s argument that, depending on the accrual date of the abuse claim, victims were still required to file a Tort Claim Notice. Recognizing that this interpretation would disqualify a subset of victims and subvert the clear intention of the New Jersey Legislature to broaden legal recourse to all victims of child abuse, the Supreme Court upheld the Appellate Division and confirmed that the Tort Claim Notice requirements do not apply to claims brought under the Child Sexual Abuse Act.
Advocating on behalf of victims, Mr. Kahn argued in favor of upholding the Appellate Division and ensuring the greatest legal recourse available to victims of sexual abuse. Annabelle Steinhacker, also a partner, wrote the brief. This is Mr. Kahn’s 7th oral argument before the Supreme Court and his 4th as Amicus counsel to the New Jersey Association of Justice. This is Ms. Steinhacker’s 4th Amicus brief on behalf of NJAJ and 7th overall.
Mr. Kahn focuses his practice on representing victims of physical and/or sexual abuse against individuals and institutions, and Ms. Steinhacker focuses her practice on appellate advocacy in complex legal matters.