Monday, July 1, 2013

Lawsuits against Kevin Clash — the Elmo puppeteer — are dismissed as time barred.

The judge rejected the argument that the statute of limitations period should begin to run when they discovered the extent of the harm they suffered.
But U.S. District Judge John Koeltl [wrote:] "Congress provided an exception to the six year prohibition for plaintiffs under a legal disability and provided that such minors would have an additional three years to bring a claim after they turned eighteen.... This exception, combined with Congress’s failure to adopt a discovery rule in the face of statutes with explicit discovery rules and state sexual abuse statutes providing for application of a discovery rule, indicate that Congress did not provide for a discovery rule under Section 2255, and none should be implied."

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