AMICUS BRIEFS
In the 1990's, the FMS Foundation filed numerous amicus curiae briefs in
response to a proliferation of lawsuits brought by adult children
against their parents and/or others alleging repressed memories of
childhood sexual abuse recovered in therapy. The briefs sought to
provide courts with the latest mainstream scientific literature
available on issues related to the development of recovered
memories. A brief does not argue the merits of either side in
the case under consideration. An amicus brief can only be filed at the
appeal level.
In addition to filing amicus curiae briefs in civil lawsuits brought by
adult children, the FMS Foundation also filed briefs in several
criminal cases, and in lawsuits brought by falsely accused family
members against therapists.
The briefs for which full text is provided were selected to be
representative of the types of legal cases. Criminal case: New
Hampshire v Hungerford; Civil case againts parents: S.V. v. R.V.;
Parents and daughter against therapist: Althaus v. Cohen; Parents
against therapist: Sawyer v. Midelfort.
Some amicus curiae briefs filed by the FMS Foundation (the links are
either to complete text or to descriptions with reports of the
outcome):
- Alabama Supreme Court, McDuffie v.
Sellers-Bok No. 1940524 submitted May, 10, 1995.
- Rhode Island Supreme Court, Heroux v.
Carpenter; Kelly v. Marcantonio, No. 95-39; 94-727 submitted August
30, 1995.
- Texas Supreme Court, S.V. v. R.V. No.
94-0856 submitted February 6, 1995 (Full
text).
- U.S. District Court, 5th Circuit,
Knode v. Hartman No. 94-11120 submitted June 3, 1996.
- Pennsylvania Supreme Court, Dalrymple
v. Brown 055 E.D. App. Dkt. 1996 submitted Nov. 1, 1996.
- Illinois Supreme Court, M.E.H. v. L.H.
No. 81943 submitted February 12, 1997.
- New Hampshire Supreme Court, State v.
Hungerford and State v. Morahan No. 95-429 submitted February 14,
1997 (Full text).
- Second Appellate District, California,
Engstrom v. Engstrom No. VC016157, submitted March 17, 1997.
- Tennessee Supreme Court, Hunter v.
Brown No. CV-00070 submitted April 15, 1997.
- New Hampshire Supreme Court, Hungerford
v. Jones No. 97-657 submitted January 14, 1998.
- Illinois Supreme Court, Doe v. McKay
No. 83094 submitted January 23, 1998.
- Wisconsin Supreme Court, Sawyer v. Midelfort
No. 97-1969 submitted July 17, 1998 (Full
text).
- Georgia Supreme Court, Kohout v.
Charter Peachford Hospital No. S98C1773 submitted Sept. 17,
1998.
- California Court of Appeal Wilson v Phillips
- California Court of Appeal Moore, Verga & Verga v. Berlin et al
- Pennsylvania Supreme Court Althaus v. Cohen
No. G.D. 92-20893 submitted April 13, 1998 (Full text).
- Supreme Court of Illinois, Ferrer v. Kuhl
No. LKA 96 0442