Louisiana Supreme Court Upholds State’s Grace Period Law for Filing of Child Sex Abuse Lawsuits
June 19 2024 - 4:56PM
Business Wire
Herman Herman & Katz lawyers support
unlimited filing window for abuse survivors
The Louisiana Supreme Court has reversed its previous decision
regarding child sex abuse lawsuits, upholding a 2021 amendment to
the state constitution which allowed survivors to file otherwise
expired claims related to their sexual abuse as minors, even if the
abuse happened decades ago.
The law, known as a look-back window, created a unique
opportunity for the victims. The ruling clears the way for such
claims to move forward in the courts.
Herman Herman & Katz partner Soren Gisleson wrote the
rehearing application, the post-rehearing briefing, and orally
argued before the Court this year. Gisleson and his litigation
partners have fought to uphold the constitutionality of the window
since the law was passed in 2021. Within the last few weeks, the
Louisiana Legislature extended the period to file expired abuse
lawsuits until June 14, 2027.
The court’s decision will have a major impact on hundreds of
sexual abuse claims which have been filed in the federal bankruptcy
case against the Archdiocese of New Orleans, as well as other
unrelated abuse claims. The trial lawyers with Herman Herman &
Katz and their partners represent more survivors in the New Orleans
archdiocese case than any other firm and those lawyers were
instrumental in ensuring this victory. The court approved the
firm’s petition in March of 2023 allowing the grace period
provision to remain in place while the justices considered the
case.
“It has been clearly demonstrated that many of these survivors
suppress the trauma of what was done to them for years, even
decades,” said Soren Gisleson. “Abusers should not be allowed the
luxury of waiting for the clock to run out. These sorts of
arbitrary windows of time have allowed them to do just that, and
the time has come for these people to answer for the damage they’ve
done. We are pleased with the court’s decision.”
The Louisiana legislation also gives victims of childhood sexual
abuse a three-year window to sue regardless of their age or how
long ago the abuse occurred. The Legislature overwhelmingly
approved the measure, and more than two dozen other states have
passed similar laws in recent years that have been upheld time and
again as constitutionally sound.
Click here for video of Mr. Gisleson discussing the impact of
this ruling.
Herman Herman & Katz is dedicated to achieving justice for
our clients. We excel in a wide range of practice areas throughout
Louisiana, and our personal attention, experience and commitment
achieve the results our clients deserve. Our Louisiana personal
injury lawyers are here to aggressively pursue justice on your
behalf and help you get back on your feet. To learn more, visit:
https://hhklawfirm.com/.
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Jason Cunningham 205-218-0265 jason@androvett.com