Epstein Becker Green successfully defended Herricks Union Free School District (“Herricks”) in two Child Victims Act (CVA) cases. These were only the second and third CVA cases in New York State to go to trial with contested defenses.

The CVA, enacted in 2019, lifted the statute of limitations for childhood sexual abuse cases, leading to lawsuits against Herricks. The plaintiffs alleged that Herricks’ school psychologist, Vincent Festa, allegedly abused students between 1977 and 1990.

The central issue in these cases was whether Herricks had actual or constructive notice of Festa’s propensity to abuse male students. The cases, P.H. v. Herricks Union Free School District and J.G. v. Herricks Union Free School District, focused on the negligent retention and supervision of Festa. The P.H. case settled after testimony began.

The J.G. trial’s defense team, led by Epstein Becker Green and Ingerman Smith, successfully argued that Herricks had no knowledge of Festa’s propensities and, using objective facts, challenged the credibility of the testimonies. The defense highlighted the significant passage of time, potential influence on witness memories, and plaintiffs' financial motivations.

On March 15, 2024, the court delivered a defense verdict in the J.G. case, finding that Herricks did not have actual or constructive notice of Festa’s abusive tendencies. The verdict underscored the importance of objective evidence and credible testimony in historical cases.

Results may vary depending on your particular facts and legal circumstances.

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