Too Late to Sue? The Statute of Limitations Fight in the Cornell Lawsuit
A former Chi Phi member named in the Cornell Jane Doe lawsuit says the claims against him came too late. Here is how New York's one-year and twenty-year deadlines work, and why the criminal and campus clocks are different.
October 24, 2026 · 3 min read
By Jocelyn C. Stewart
One of the former Chi Phi members named in the Cornell Jane Doe lawsuit has asked a New York judge to throw out the claims against him. His lead argument is about time, not facts. If you are ever sued over a night that happened years ago, the first question is the same: was the case filed too late?
The motion. His lawyer filed a motion to dismiss on Friday, Oct. 23, according to both ABC News and CNY Central. The motion says a one-year statute of limitations bars the intentional tort claims against him, because the suit came nearly two years after the events. Both outlets quote the filing calling the case "essentially a lawsuit about an allegedly forced kiss."
What he denies. ABC News reports he denies any part in the most serious conduct alleged, and that all seven fraternity members have denied wrongdoing. According to CNY Central, the motion also denies supplying drugs or alcohol and denies knowing of any non-consensual sexual contact.
Where the reports differ. CNY Central describes the motion as conceding some of the lesser contact the lawsuit alleges. ABC News presents that contact only as the lawsuit's allegation and does not say whether he admits it. Case facts here appear in both reports unless one outlet is named.
The allegations. The suit alleges Jane Doe was drugged and gang-raped at the fraternity house in 2024. Those are allegations. No court has decided them.
What comes next. ABC News reports Doe's lawyer had not yet responded. The judge will decide whether any claims survive.
Why it matters to you. A deadline defense can end a claim without anyone deciding what happened. But New York has more than one deadline for these cases, and which one applies is the whole fight.
Her law firm's website covers Title IX defense for ROTC cadets, service academy students and student veterans.