All articles tagged with #statute of limitations
Originally Published 1 year ago — by USA TODAY
Donald Trump plans to appeal his conviction for falsifying business records, questioning the New York statute of limitations. Normally, such charges must be filed within five years, but a COVID-19 extension allowed more time. The judge ruled this extension valid, and Trump was charged just within the extended deadline. Trump's legal team may challenge this timing on appeal.
Originally Published 1 year ago — by The Lever
The U.S. Supreme Court is set to hear a case that could potentially dismantle safeguards for federal regulations governing Americans' daily lives. Backed by big business and conservative groups, the plaintiffs seek to overturn a statute of limitations protecting federal rules from legal challenges after six years. If successful, this could lead to widespread attacks on federal regulations across various sectors, posing a significant threat to public health, safety, the economy, and the environment.
Originally Published 1 year ago — by Slate
The Supreme Court case Corner Post v. Board of Governors could have far-reaching implications for the administrative state and regulatory past and future. The case involves a technical debate over the statute of limitations for challenging regulations, with potential to open the door for nonstop litigation against old rules. If successful, it could empower industry to challenge old regulations and significantly restrict agencies' ability to make and enforce rules, ultimately impacting millions of Americans and posing a threat to constitutional democracy.
Originally Published 1 year ago — by NBC News
French prosecutors have dismissed the sexual assault complaint filed by Hélène Darras against Gerard Depardieu due to the statute of limitations. This complaint was part of a larger investigation stemming from a lawsuit by Charlotte Arnould in 2018. Depardieu has not been convicted in connection to any of the allegations and denies any wrongdoing. The dismissal comes after a documentary aired footage of the actor making sexually inappropriate and obscene jokes, causing an uproar in France and leading to threats to strip him of his Legion of Honor.
Originally Published 2 years ago — by The New York Times
A sexual assault lawsuit against Gérard Depardieu, filed by French actress Hélène Darras, has been dropped due to being past the statute of limitations, while the actor remains under investigation in a separate case. Depardieu, 75, has denied any wrongdoing and has not been convicted in connection with any of the accusations against him.
Originally Published 2 years ago — by Deadline
French authorities dismissed the sexual assault complaint against Gérard Depardieu filed by actress Hélène Darras due to the statute of limitations. Darras recounted the alleged incident from the set of the 2007 film Disco on a French investigative show, stating that Depardieu had made unwanted advances towards her. Depardieu has faced multiple sexual assault allegations in recent years, with some dating back decades, and has consistently denied all allegations against him.
Originally Published 2 years ago — by Variety
French prosecutors have dismissed the sexual assault complaint filed by actor Hélène Darras against Gerard Depardieu due to the statute of limitations, with the Paris Prosecutor’s Office stating that there are no new testimonies from other women in connection to the investigation. Depardieu, who has been accused by multiple women of sexual misconduct, including journalist Ruth Baza, has not been convicted and denies any wrongdoing. The complaint was featured in a documentary that also showed footage of the actor making inappropriate jokes, causing controversy in France and leading to threats against his Legion of Honor, which were later retracted by then culture minister Rima Abdul-Malak.
Originally Published 2 years ago — by Reason
A lawsuit filed by Spencer Elden, who was famously photographed as a baby on the cover of Nirvana's album "Nevermind," alleging ongoing personal injuries due to the continued use of the photo, is not barred by the statute of limitations, according to a ruling by the Ninth Circuit Court of Appeals. The court held that each republication of child pornography can constitute a new personal injury, similar to defamation, and therefore Elden's claim is timely under the law. The court rejected the argument that Elden's awareness of the defendants' previous distribution of the album cover prevented him from claiming new injuries caused by subsequent distributions.
Originally Published 2 years ago — by Billboard
A California appeals court has revived a sexual assault lawsuit filed by Marilyn Manson's former assistant, Ashley Walters, overturning a previous ruling that said she waited too long to bring her case. Walters alleges that Manson subjected her to brutal treatment, including sexual harassment and discrimination, during her time working for him from 2010 to 2011. The appeals court determined that Walters' case could proceed under the delayed discovery rule, as she claims trauma-induced memory suppression prevented her from recalling the incidents until 2020. Manson has denied all accusations, and several cases against him have been dismissed or settled. The ruling sends the case back to the trial court for further litigation.
Originally Published 2 years ago — by TMZ
Diddy has been hit with a new sexual assault lawsuit by an anonymous accuser who claims she was sex trafficked and gang raped by him and others when she was 17 years old. The accuser alleges that she met Diddy's associate, Harve Pierre, in 2003 and was invited to meet Diddy. She says she was plied with drugs and alcohol, and Diddy allegedly penetrated her without consent in a studio bathroom. The accuser also claims that Pierre and another man forced themselves on her. Diddy denies the allegations and vows to fight for his name and the truth.
Originally Published 2 years ago — by New York Magazine
The Adult Survivors Act, which temporarily lifted the statute of limitations on filing civil suits for sexual abuse, has expired in New York. The law allowed for a year-long "lookback window" and resulted in about 3,000 lawsuits being filed, including cases against high-profile individuals and institutions. State Senator Brad Hoylman-Sigal, who supported the act, discusses the success of the legislation and the possibility of extending the lookback window. Advocates are calling for an extension, and while a permanent window may not be feasible, another temporary one is being considered. The act has brought attention to the issue of sexual abuse and held powerful people and institutions accountable.
Originally Published 2 years ago — by Rolling Stone
The music industry is experiencing a wave of sexual abuse lawsuits as the deadline for New York's Adult Survivors Act (ASA) resulted in numerous allegations against renowned artists and executives. The ASA allowed people to file sexual abuse lawsuits regardless of the statute of limitations, leading to over 3,000 cases filed against figures in the music and entertainment industry. While the ASA's deadline has passed, experts predict that more lawsuits will surface in the music and entertainment industries through separate laws in New York and California. California's AB 2777 temporarily waives some statutes of limitations for civil suits regarding sexual misconduct, and attorneys are preparing to file more potential suits in California. Advocates and lawmakers are discussing the possibility of reopening the ASA window and permanently ending statutes of limitations on sexual abuse claims.
Originally Published 2 years ago — by NPR
Two more women have accused music mogul Sean "Diddy" Combs of sexual abuse, filing lawsuits just before the expiration of the Adult Survivors Act in New York. One accuser alleges that Combs drugged and sexually assaulted her in the early 1990s, while the other claims that Combs and R&B singer Aaron Hall sexually assaulted her and a friend, followed by physical abuse. Combs' spokesperson denies the allegations, accusing the women of exploiting the extended statute of limitations. These accusations come after Combs settled a separate lawsuit with singer Cassie, who accused him of rape and physical abuse during their relationship.
Originally Published 2 years ago — by CBS News
A surge of sexual assault lawsuits has been filed in New York against prominent figures, including Andrew Cuomo, Sean "Diddy" Combs, and Jamie Foxx, taking advantage of the temporary Adult Survivors Act, which allowed adults to file lawsuits against alleged abusers regardless of the statute of limitations. The lawsuits were filed just before the expiration of the one-year window provided by the law.
Originally Published 2 years ago — by The Independent
The New York Adult Survivors Act (ASA), which allowed sexual assault survivors to pursue civil litigation regardless of when the abuse occurred, is set to expire at midnight on Thursday. Over 2,500 cases have been filed under the ASA, bringing to light incidents of sexual violence from decades ago and holding powerful individuals accountable. The law has empowered survivors and shed light on the prevalence of sexual abuse. However, some argue that the one-year window is too short and are advocating for an extension. The future of the ASA remains uncertain, but efforts are being made to expedite the trial process and eliminate the statute of limitations for sex crimes.