Prof. Alafair Burke Quoted in New York Times Story on Strategy of Harvey Weinstein’s Lawyers

Alafair S. Burke, Professor of Law and Hofstra Research Fellow

5 Ways Harvey Weinstein’s Lawyers Plan to Fight the Accusations Against Him
The cases — one criminal, the other civil — will be decided in two Manhattan courtrooms, and include allegations ranging from sexual assault to a cover-up by his former company.
By Jan Ransom
The New York Times
Sept. 21, 2018

Defense lawyers in the civil case also said the claims do not fall within the statute of limitations, which range from one to four years. These plaintiffs allege their assaults occurred before 2012, Ms. Fegan said.

However, Alafair S. Burke, a professor at Hofstra University School of Law, said the issue is complicated.

“The statute of limitations is four years, but the Supreme Court has not announced a final rule for determining when the clock starts to tick,” she said. “The conventional wisdom is that the measurement commences when the plaintiff has notice of injuries. But plaintiffs can argue that the period is tolled — the clock stopped, in other words — based on further misconduct by the defendants or a conspiracy.”

A version of this article appears in print on Sept. 22, 2018, on Page A19 of the New York edition with the headline: How Weinstein’s Lawyers Plan to Fight the Accusations Against Him.

Read the full article on the New York Times website.

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