An employment attorney, who is accused of sexually assaulting a former associate at a New York firm 13 years ago, is attempting to have the majority of the case dismissed, alleging that it’s too late. Additionally, the lawyer has requested that any remaining issues should be settled in a Californian court, given that both the complainant and the defendant now reside in the state.
The details of this case, relevant for the dealing with the passage of time in legal matters, are provided under a Law360 subscription.
One of the core issues at play in this case is the timeframe. The incident supposedly happened over a decade ago which brings into question the principle of ‘statute of limitations’. This principle refers to the maximum time after an event that legal proceedings based on that event may be initiated. The attorney is arguing that the time limit for the former associate to file her case has passed.
In addition, the attorney’s request to have the case heard in California, where both parties now live, instead of New York where the alleged assault occurred, raises important questions about jurisdiction in sexual assault cases. The implications of this case could potentially affect how future cases of similar nature are adjudicated.
Legal professionals, especially those within employment law, will want to monitor this case closely for its potential implications regarding limitations, jurisdiction, and sexual assault cases in the workplace.