In a controversial decision, the Michigan Supreme Court ruled last week that a 2018 law that extended the filing deadline on sexual abuse lawsuits is not retroactive. The ruling states that the extended deadline created by the passage of the law does not apply to sexual abuse and assault survivors who were abused before the law was passed and enacted, which will make it much more difficult for countless potential claimants to speak up and come forward with legal action. Attorneys for sexual abuse survivors are calling for the rapid amendment of the legislation to make it clear that the law should apply retroactively.
Grewal Law PLLC Influences Legislative Reforms
Grewal Law PLLC played an instrumental role in the Survivors’ Committee that was formed to seek justice by bringing legal action against Larry Nassar, the United States of America Gymnastics (USAG), and the United States Olympic & Paralympic Committee (USOPC). Attorneys from Grewal Law PLLC would eventually represent one-fourth of the survivors who filed against USAG, which resulted in a $380-million settlement; the firm also represented one-third of the survivors who took separate legal action against Michigan State University, which resulted in a $500-million settlement. In fact, the same successful civil lawsuits helped bring about the 2018 statute of limitations reforms that the Michigan Legislature used to expand the usual three-year statute of limitations for sexual assault claims to then include most childhood sexual abuse claims with a new statute of limitations that ends on the survivor’s 28th birthday.
Michigan Supreme Court’s Interpretation
Brian McLain hoped to use the 2018 legal updates to file a claim against the Catholic Diocese of Lansing that harbored a priest who sexually abused him in 1999. As he and his legal representatives interpreted it, the law should have allowed him to bring a claim against the diocese. Yet his case would wind up the legal tree until it was before the Michigan Supreme Court Justices, who did not see the matter the same way.
According to the majority opinion released by the Court, “[…] We hold that it does not apply retroactively to resuscitate lapsed claims premised on past acts of criminal sexual conduct. […] Because plaintiff’s complaint alleges damages caused by sexual abuse that occurred nearly 30 years ago, it is untimely.”
Under this interpretation, McLain could only bring a case if the laws of 1999, the year he was sexually abused, would allow it today. They do not. Consequently, McLain was prevented from continuing his claim, and countless others in his situation now face additional hurdles to demand justice after taking years – and sometimes, decades – to find the strength and courage to speak up after surviving such devastating abuse.
What’s Next for McLain & Others?
Although the Michigan Supreme Court curtailed McLain’s efforts to file a lawsuit against a sexual abuser who hurt him decades ago, the case is far from finished. Continued legal efforts could revise the 2018 legislation to allow retroactive claims, or possibly challenge the Michigan Supreme Court decision. Hopeful parties are also pushing a handful of bills that would extend the statutes of limitations on criminal charges filed against child sex abusers, which would make the limit up to 15 years after the offense or by the victim’s 42nd birthday. Another piece of legislation moving through the Michigan Legislature aims to eliminate governmental immunity from public educational institutions, including any immunity that could be passed to the employees of those institutions.
At Grewal Law PLLC, our attorneys believe strongly in the importance of amplifying the voices of sexual abuse survivors, especially when powerful institutions enable or harbor sexual offenders, which is why Grewal Law is frequently included in the leadership committees handling these complex cases. We are paying close attention to all legislation and news involving sexual abuse laws and lawsuits, such as this Michigan Supreme Court ruling. Please visit our blog often for important updates about this case and others. If you are looking for a Michigan law firm dedicated to sexual abuse claims filed on behalf of plaintiffs and survivors, learn more about our law firm by browsing our recent victories, or contact us directly by dialing (888) 211-5798.
