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The Reshaping of Child Abuse Litigation from Legalcalls.com by Attorney Jeff Keiser.

Legal Crossroads: How State Supreme Courts Are Reshaping Child Abuse Lawsuits

The landscape of child sexual abuse litigation is evolving rapidly, placing plaintiff lawyers at a crossroads. Some states are opening the doors wide for survivors seeking justice, while others are slamming them shut. The key question for attorneys investing in these cases is straightforward: where is the best place to dedicate time, money, and effort? Because, while the legal system is rooted in principle, it is also undeniably about strategy.

Much of the current focus is on the Boy Scouts of America settlement, which has been in development since 2020. As of January 23, 2025, the Scouting Settlement Trust has distributed $70 million to approximately 12,300 survivors. This includes expedited distributions and claimants within the Matrix and Independent Review Option frameworks. Additionally, more than 25% of Matrix claims have been determined, signaling substantial progress in the settlement process.

Legal challenges to the $2.46 billion settlement remain under review by the U.S. Court of Appeals for the Third Circuit. On November 6, 2024, a three-judge panel heard arguments challenging the settlement, which was originally approved by a bankruptcy court in 2022. The appellants—comprising 144 survivors and several insurers—argue that the agreement improperly shields local councils and affiliated churches from liability in exchange for their financial contributions to the settlement fund. During the hearing, appellate judges expressed concern over the financial and emotional toll of reopening the bankruptcy case, signaling reluctance to overturn the agreement.

However, the primary legal barrier for many of these cases remains the statute of limitations. In response to the BSA settlement, numerous states have moved to expand these limitations, creating both new opportunities and new challenges. The result? A patchwork of laws where some states present strong prospects for litigation, while others offer little hope for revival efforts.

Maryland

Maryland is emerging as the strongest jurisdiction for survivor claims, and a major decision just cemented that status. On January 31, 2025, the Maryland Supreme Court upheld the Child Victims Act of 2023, confirming that the state has permanently eliminated the statute of limitations for child sex abuse claims. Regardless of when the abuse occurred, survivors now have unfettered access to the courts. This ruling wasn't just expected—it was crucial. Had the court ruled otherwise, hundreds of cases could have faced immediate dismissal. Instead, the path is clear. For plaintiff lawyers, this translates into strong cases, significant potential payouts, and a stable legal foundation. If there is one state where investing in these cases makes sense, it is Maryland.

Maine

Maine, by contrast, issued its own landmark decision just days earlier - but with the opposite effect. On January 26, 2025, the Maine Supreme Judicial Court struck down the state's revival law, ruling it unconstitutional. The decision slammed the door shut on survivors who had hoped to bring long-expired claims under the now-invalidated law. For firms that invested in Maine cases, the fallout will be swift and severe - dismissals are all but inevitable. The ruling also sends a broader signal: Maine is no longer a viable jurisdiction for new claims, and any future attempts to revive old cases will face serious constitutional hurdles.

North Carolina

North Carolina presents a more nuanced picture. The state previously opened a two-year revival window between 2020 and 2021, and courts have since upheld its constitutionality. That's good news for cases filed within that period, but it offers no opportunities for new claims. For firms with active cases from the revival window, there's still work to be done. For those seeking fresh filings, North Carolina is a closed door.

Arkansas

Arkansas appears to be following Maine's restrictive lead. The state had allowed time-barred claims to be revived, but on February 5, 2025, the Arkansas Court of Appeals ruled the revival law unconstitutional. While this decision significantly undermines survivor claims, the final word rests with the Arkansas Supreme Court, which is expected to review the case. If the ruling is overturned, Arkansas could become a strong jurisdiction for these lawsuits. Until then, the uncertainty makes it a risky bet. If I was a betting man, I would expect the Supreme Court to uphold the appellate decision, so there may not be a happy ending for any cases in Arkansas.

Louisiana

Louisiana, unsurprisingly, remains a wildcard. In March 2024, the state's Supreme Court struck down a law suspending the statute of limitations for child sex abuse cases. However, in a dramatic reversal just three months later, on June 12, 2024, the same court upheld a separate "lookback window" allowing survivors to file claims regardless of when the abuse occurred. The back-and-forth has created instability, but also opportunity. If firms can navigate the unpredictability, Louisiana could still yield viable cases.

Pennsylvania

Pennsylvania has taken a more straightforward approach. In 2019, Governor Tom Wolf signed a law extending the civil statute of limitations, granting victims the right to file claims until age 55. This expansion has made Pennsylvania a steady and reliable jurisdiction for survivor litigation. Unlike Maine and Arkansas, its courts have not aggressively struck down revival efforts, making it a safer investment for plaintiff firms.

California

California presents a more complex scenario. The state has a history of legal battles over revival statutes, dating back to Stogner v. California (2003), when the U.S. Supreme Court struck down a retroactive extension of the statute of limitations for criminal sexual offenses, citing ex post facto concerns. That ruling has had a lasting impact, making California cautious in handling revival laws. Despite this, the state remains a strong venue for civil claims - though firms should remain mindful of the constitutional challenges that have historically shaped its legal landscape.

The Strongest Jurisdiction

For plaintiff lawyers, the path forward is clear. Maryland is currently the strongest jurisdiction, and its brand-new Supreme Court ruling has made it a prime destination for survivor litigation. Pennsylvania remains a stable and predictable option. Louisiana is a high-risk, high-reward jurisdiction, with potential for significant cases but ongoing legal uncertainty. California remains a solid venue, though past constitutional rulings warrant careful attention. North Carolina is only viable for firms with existing cases from its revival window. Maine has effectively shut the door on new claims, while Arkansas remains in limbo, pending a Supreme Court ruling.

As legal tides shift, positioning is everything. A savvy plaintiff lawyer isn't just looking for jurisdictions where survivors need justice—they're focusing on where that justice is actually achievable. Justice may be blind, but strategy should never be.

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