The U.S. Court of Appeals for the Second Circuit in the Southern District of New York. Photo: Ryland West/ALM
The U.S. Court of Appeals for the Second Circuit on Thursday affirmed the dismissal of two cases filed under New York’s Child Victims Act, ruling that the act cannot revive or toll a federal claim, brought under certain federal statutes, that would otherwise be time barred.
Circuit Judge Joseph Bianco wrote for himself and Circuit Judge José Cabranes, noting that they heard the cases in March alongside Circuit Judge Rosemary Pooler, who died last week at 85. The opinion noted that “the two remaining members of the panel, who are in agreement, have determined the matter.”
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