On April 29, 2025, the New Jersey Appellate Division published an opinion in J.H. v. Warren Hill Board of Education, et al., further upholding the 2019 extension of victims’ rights in child sexual abuse matters. Thomas Manzo, Esq. argued the cause as amicus curiae on behalf of the New Jersey State Bar Association, with Craig J. Hubert, Esq. on the brief, as well as William H. Mergner, Jr. of the firm Leary, Bride, Mergner & Bongiovanni.
The Appellate Division’s holding in J.H. confirms the application of the 2019 amendments and the supplemented statute of limitations for civil actions alleging sexual abuse. See L. 2019, c. 120 (Chapter 120) and L. 2019, c. 239 (Chapter 239). Specifically, the holding confirmed that the 2019 amendment removing the notice requirement under the Tort Claims Act applies to common law claims directly related to the sexual abuse of a minor. Furthermore, the decision holds that the 2019 amendment to the Child Sexual Abuse Act, which eliminated the “within the household” requirement, applies to any action filed after December 1, 2019, and is not limited to claims that accrued after that date.The decision follows the 2023 Supreme Court ruling in W.S. v. Hildreth, 252 N.J. 506 (2023), which expanded legal recourse for victims of child sexual abuse by holding that the tort claims notice requirement does not apply in such cases, and confirmed that the CSAA amendments apply to misconduct that occurred prior to their enactment. Craig Hubert argued W.S. before the Court on behalf of the New Jersey State Bar Association, with Thomas Manzo on the brief as well.
The decision in J.H. marks another significant win for child victims of sexual abuse, removing barriers and limitations in their pursuit of justice and compensation for the harm they suffered due to the grave injustices they endured as children.
