Wednesday, July 28, 2021
The Pennsylvania Supreme Court has confirmed that the “discovery rule” is only a narrow exception to the statute of limitations, but the court has hinted that changes might be coming that would toll the running of the statute of limitations against a particular defendant until the plaintiff knows she has been injured and has a cause of action against that particular defendant.
In
Rice v. Diocese of Altoona-Johnstown, No. 3 WAP 2020 (July 21, 2021), the Court considered a claim by a woman that, as a girl, she was abused by a priest. She filed a claim against the diocese decades later and, among other things, asserted that the statute of limitations did not bar her claim because she only discovered the diocese’s (alleged) role when she read a 2016 grand jury report that alleged that the diocese was responsible for the misconduct of certain priests. She argued that, under the discovery rule, the limitations period did not begin to run until
Pennsylvania Supreme Court Confirms Limits of Discovery Rule—For Now | K&L Gates LLP
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PA Supreme Court Limits Exceptions to Otherwise Time-barred Childhood Sexual Abuse Cases Against Institutional and Corporate Entities | White and Williams LLP
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PA Supreme Court Judge Rips Cosby Prosecutor: He Broke the Rules - Los Angeles Sentinel | Los Angeles Sentinel
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2021/07/14 04:10 File-This June 30, 2021, file photo shows Bill Cosby gesturing outside his home in Elkins Park, Pa., after being released from prison. The lead prosec. File-This June 30, 2021, file photo shows Bill Cosby gesturing outside his home in Elkins Park, Pa., after being released from prison. The lead prosecutor in Cosby s sex assault case believes the Pennsylvania Supreme Court overstepped its power in reversing the comedian s conviction and added fuel on the fire when the chief judge gave a weekend television interview, and appeared to misstate the key issue in the appeal. Chief Judge Max Baer accused prosecutors of a reprehensible bait and switch in arresting Cosby in 2015 despite what he called the certain existence of a 2005 non-prosecution agreement. (AP Photo/Matt Rourke, File)