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Case Law Update: Retroactive Application in Sexual Abuse

M.K. v. L.C. and N.G., No. 3-07-0735 (1/9/09) found that the trial court erred when it dismissed plaintiffs’ personal injury complaints against Catholic Diocese of Peoria, individual priests, and Bishop of Diocese alleging that they were sexually abuse by priests as children. Trial court should have applied statute of repose contained in version of Childhood Sexual Abuse Act in effect on the date that the complaint was filed, rather than the 1991 version; because the amended statute expressly applies retroactively; and retroactive application does not violate due process. This case will have an impact on personal injury lawsuits.