Leech Tishman Litigation Group Successfully Secures Dismissal of Statutory Claim Under New Jersey CSAA on Behalf of Nonprofit Day Care Center

On August 19, 2021, the Superior Court of New Jersey Law Division (Hudson County) dismissed a plaintiff’s claim without prejudice in a case brought against a nonprofit day care center, asserting child sexual abuse under the New Jersey Child Sexual Abuse Act (CSAA).

The plaintiff brought a CSAA claim asserting that in 1968 and 1969, he was sexually abused by his basketball coach, who he claimed was an employee of the basketball program that he said was run by the non-profit day care center during those years. Leech Tishman was hired to defend the day care center against this claim. Leech Tishman Litigation Partner John J. Jacko, III along with Litigation Associate Daniel P. Yeomans, were able to secure a successful dismissal of this statutory CSAA claim without prejudice, arguing that the described afterschool basketball program lacked any residential component and “could not rise to the level of an in loco parentis relationship within the ‘household’ under the meaning of CSAA.”

The full order granting the dismissal can be read here.

John J. Jacko, III is a Partner with Leech Tishman and a member of the Employment & Labor and Litigation Practice Groups. John is based in the Philadelphia office, where he represents clients in the areas of business and commercial litigation, banking and creditor’s rights law, and consultant negligence.

Daniel P. Yeomans is an Associate with Leech Tishman and a member of the Litigation Practice Group, where he focuses on Insurance Coverage. Dan is based in Leech Tishman’s Pittsburgh office, and regularly counsels clients on civil and bankruptcy-related litigation matters.

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Leech Tishman Fuscaldo & Lampl is a full-service law firm dedicated to assisting individuals, businesses, and institutions. Leech Tishman offers legal services in business restructuring & insolvency, corporate matters, employment & labor, estates & trusts, intellectual property, litigation & alternative dispute resolution, and real estate. In addition, the firm offers a wide range of legal services to clients in the aviation & aerospace, cannabis, construction, energy & natural resources, healthcare, and hospitality industries. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in Chicago, Los Angeles, New York, Philadelphia, Sarasota, Washington, D.C. and Wilmington, DE.