Commercial Litigation Update

On November 24, 2022, New York’s Adult Survivors Act (“ASA”) (S.66A/A.648A) will go into effect and likely will usher in a tidal wave of litigation across the state. Employers will be impacted by the law, in addition to individuals, and the resulting litigation could span many years – particularly with the ongoing court delays related to the COVID-19 pandemic. As such, developing a proactive defense strategy for ASA claims and resolving potential insurance coverage issues in advance, is of vital importance as this date draws near.

The trend in New York State to provide relief for expired claims by waiving statutes of limitation in sex-abuse cases may be continuing. As its current session winds down, the New York State Legislature is considering legislation that would provide a “revival” one-year period of the statute of limitations within which survivors of adult sexual abuse may file civil claims against individuals, companies and institutions, even if the statute of limitations for the claims has expired, and/or the claims were previously dismissed because of late filing. Entitled “Adult ...