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· 11/30/1960

State ex rel. The Florida Bar v. Kimmel

Citations

  • 124 So. 2d 705

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding constitutional statute abolishing statute of limitations for claims of childhood sexual abuse and creating two-year window for revived claims
  • noting that the General Assembly \made a policy decision to set gross negligence as the floor-not the ceiling-for invoking [the Child Victim's Act's] applicability\
  • explaining that, in a sexual abuse case, general causation related to the type of injuries that survivors of childhood sexual abuse suffer, while specific causation related to the actual cause of the plaintiff’s injuries
  • addressing claims for negligence against several institutional defendants for damages under Delaware’s Child Victim’s Act
  • “The General Assembly, in Section 8145, made a policy decision to set gross negligence as the floor. . . for invoking the statute‟s applicability.”
  • “Under Delaware law, [a statute reviving previously barred claims] can be applied retroactively because it affects matters of procedure and remedies, not substantive or vested rights.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Drew, Hobson, Roberts, Terrell, Thomas

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.