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CA court to mull expiration date for clergy abuse
Court Watch |
2012/01/05 09:36
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California's highest court is hearing a precedent-setting case that could expose California's Roman Catholic dioceses to another round of clergy abuse lawsuits.
The case being argued Thursday before the California Supreme Court involves six brothers in their 40s and 50s who allege they were molested by an Oakland priest during the 1970s. The priest, Donald Broderson, was forced to retire amid abuse allegations in 1993.
The Oakland Diocese maintains the men are barred from suing because they did not do so during the one-year window the state Legislature opened in 2003 for such complaints to be filed.
The brothers' lawyers contend the time limit does not apply to them because they did not make the link between their psychological problems as adults and what happened to them as children until 2006. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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