CitationKirkland v. Franco, 92 F. Supp. 2d 578, 2000 U.S. Dist. LEXIS 5625 (E.D. La. Apr. 17, 2000) Brief Fact Summary. Defendant placed a telephone recording device on his phone and recorded conversations between his wife and her lover without their knowledge. Wife and her lover brought suit claiming defendant violated both state and federal wiretapping acts. Synopsis of Rule of Law. States are confined by federal rulings on spousal immunity in relation to federal wiretapping acts. However, the same rulings are not applicable to state acts. ...
Search Results
Osborne v. Payne
CitationOsborne v. Payne, 31 S.W.3d 911, 2000 Ky. LEXIS 159 (Ky. Nov. 22, 2000) Brief Fact Summary. Payne and his wife went to marriage counseling lead by their priest Osborne. Osborne and Payne’s wife had an extramarital affair, resulting in divorce between Payne and wife. Payne brought suit against Osborne and the Diocese based on the tort of outrageous conduct. Synopsis of Rule of Law. To prove the tort of outrageous conduct or intentional infliction of emotional distress, petitioner must prove that the wrongdoer’s conduct was intentional or reckless; that the conduct was ou ...
Rodriguez v. Bethlehem Steel Corp
CitationRodriguez v. Bethlehem Steel Corp., 12 Cal. 3d 382, 525 P.2d 669, 115 Cal. Rptr. 765, 1974 Cal. LEXIS 234 (Cal. 1974) Brief Fact Summary. Mary Anne Rodriguez brought suit for loss of consortium after her husband was severely injured at work. The trial and appellate court found that the claim was not cognizable due to previous precedent. Synopsis of Rule of Law. When a defendant negligent causes injury to a married party and it is foreseeable that such injury would negatively affect the spouse of the injured party, a duty of care arises and the spouse may bring suit for loss of conso ...
Boone v. Boone
CitationBoone v. Boone, 345 S.C. 8, 546 S.E.2d 191, 2001 S.C. LEXIS 77 (S.C. Apr. 23, 2001) Brief Fact Summary. Appellant brought suit against her husband for injuries that occurred to her while the husband was driving. She brought suit in South Carolina, but because the injury occurred in Georgia, Georgia’s interspousal immunity law was applicable. Synopsis of Rule of Law. South Carolina refused to enforce Georgia’s interspousal immunity law on public policy grounds because it was based on outdated legal theory and the modern reasons for its continuance were untenable. ...
Dike v. School Board
CitationDike v. School Bd., 650 F.2d 783, 1981 U.S. App. LEXIS 11300 (5th Cir. Fla. July 17, 1981) Brief Fact Summary. Dike sued the school board alleging that it unduly interfered with a constitutionally protected right by preventing her from breastfeeding at work. The district court dismissed the action Synopsis of Rule of Law. Nurturing and rearing of children is included in the rights of privacy protected by the United States Constitution. ...
Hutelmyer v. Cox
CitationHutelmyer v. Cox, 133 N.C. App. 364, 514 S.E.2d 554, 1999 N.C. App. LEXIS 510 (N.C. Ct. App. June 1, 1999) Brief Fact Summary. Plaintiff brought suit against Defendant for alienating the affections of her husband and criminal conversation after Defendant actively participated in an extramarital affair with Plaintiff’s husband. Punitive and compensatory damages were awarded at trial for Plaintiff. Synopsis of Rule of Law. Alienation of affections and criminal conversation may be established when defendant’s wrongful actions are the effective cause of alienation between sp ...
California Federal Savings & Loan Association v. Guerra
CitationCalifornia Federal Sav. & Loan Ass’n v. Guerra, 479 U.S. 272, 107 S. Ct. 683, 93 L. Ed. 2d 613, 1987 U.S. LEXIS 284, 55 U.S.L.W. 4077, 42 Fair Empl. Prac. Cas. (BNA) 1073, 41 Empl. Prac. Dec. (CCH) P36,641, 7 Employee Benefits Cas. (BNA) 2657 (U.S. Jan. 13, 1987) Brief Fact Summary. Title VII as amended by the PDA prohibits discrimination on the basis of pregnancy. Petitioner brought suit claiming that a California law requiring employers to make a good faith effort to rehire workers after maternity leave treated pregnant workers disproportionately to other workers and was ...
Caldwell v. Holland of Texas, Inc
CitationCaldwell v. Holland of Tex., 208 F.3d 671, 2000 U.S. App. LEXIS 5630, 140 Lab. Cas. (CCH) P34,035, 78 Empl. Prac. Dec. (CCH) P40,010, 5 Wage & Hour Cas. (BNA) 1778 (8th Cir. Ark. Mar. 30, 2000) Brief Fact Summary. A single mother was fired from her employment after taking a day off of work to care for her sick child. She brought suit claiming the employer violated the FMLA by terminating her. Synopsis of Rule of Law. A FMLA violation requires a two pronged inquiry to find a serious health condition: a period of incapacity for more than three days; and subsequent continued, super ...
Bradwell v. Illinois
CitationBradwell v. Illinois C. G. R. Co., 562 F.2d 561, 1977 U.S. App. LEXIS 11524 (8th Cir. Iowa Sept. 19, 1977) Brief Fact Summary. Mrs. Myra Bradwell brought suit challenging Illinois denial of her right to practice law under the Fourteenth Amendment to the United States Constitution. Synopsis of Rule of Law. Separate spheres ideology allowed Illinois to prohibit women from practicing law. Women’s admission to the bar is not protected by the Fourteenth Amendment is a matter reserved to the states. ...
Ross v. Stouffer Hotel Co
CitationRoss v. Stouffer Hotel Co., 72 Haw. 350, 816 P.2d 302, 1991 Haw. LEXIS 45, 72 Fair Empl. Prac. Cas. (BNA) 1611, 58 Empl. Prac. Dec. (CCH) P41,529 (Haw. Aug. 29, 1991) Brief Fact Summary. Appellant brought suit claiming that his employer’s ban on married couples working together violated a Hawaiian Statute prohibiting discrimination based upon marital status. Synopsis of Rule of Law. State laws prohibiting discrimination based upon marriage are enforced differently in different states. Some find that employee rules prohibiting married couples from working together are valid bec ...
Cleveland Board of Education v. LaFleur
CitationCleveland Bd. of Educ. v. LaFleur, 414 U.S. 632, 94 S. Ct. 791, 39 L. Ed. 2d 52, 1974 U.S. LEXIS 44, 6 Fair Empl. Prac. Cas. (BNA) 1253, 7 Empl. Prac. Dec. (CCH) P9072, 67 Ohio Op. 2d 126 (U.S. Jan. 21, 1974) Brief Fact Summary. Teachers brought suit under two state laws placing fixed cutoff dates for mandatory maternity leave and establishing set requirements prior to return. Synopsis of Rule of Law. The Due Process Clause of the Fourteenth Amendment requires such rules must not needlessly, arbitrarily, or capriciously impinge upon the vital area of a teacher’s constitutional ...
Neal v. Neal
CitationNeal v. Neal, 941 S.W.2d 501, 1997 Mo. LEXIS 33 (Mo. Mar. 25, 1997) Brief Fact Summary. Wife and Husband separated while Wife was pregnant. Wife petitioned to have her surname changed back to her maiden name, and placed her maiden name as surname for her son upon his birth. The trial court refused to grant Wife’s requested name change, and changed the child’s name to Husband’s surname. Synopsis of Rule of Law. Due to clear legislative intent, a general concern of potential detriment is insufficient to prevent an individual’s name change. However, proper not ...
Henne v. Wright
CitationHenne v. Wright, 904 F.2d 1208, 1990 U.S. App. LEXIS 8424, 16 Fed. R. Serv. 3d (Callaghan) 908 (8th Cir. Neb. May 23, 1990) Brief Fact Summary. Plaintiffs brought suit claiming that a Nebraska law requiring that a child have some legally established parental connection to the surname on the birth certificate was unconstitutional. Synopsis of Rule of Law. The right to choose the surname on a child’s birth certificate is not fundamental. The Nebraska statute forbidding surnames to which there is no legally established paternal interest bears a rational relationship to a legitima ...
Jennings v. Hurt
CitationJennings v. Hurt, 1990 N.Y. LEXIS 3046, 76 N.Y.2d 870, 561 N.E.2d 884, 560 N.Y.S.2d 984 (N.Y. Sept. 11, 1990) Brief Fact Summary. Jennings and Hurt met when Hurt was married. The couple lived together in South Carolina, and Hurt stated that they were married in the eyes of God after his divorce. Synopsis of Rule of Law. In a relationship where one of the parties was already married, the party claiming a common-law marriage must show by a preponderance of the evidence that the relationship underwent some fundamental change following the removal of the impediment ...
McGuire v. McGuire
CitationMcGuire v. McGuire, 157 Neb. 226, 59 N.W.2d 336, 1953 Neb. LEXIS 84 (Neb. 1953) Brief Fact Summary. Plaintiff married Defendant knowing that he was extremely frugal. Defendant provided Plaintiff with only meager amounts of money and Plaintiff was often forced to work individually to pay for needs. Plaintiff brought a suit to recover maintenance and support money. Synopsis of Rule of Law. A spouse cannot maintain a suit in equity to secure support or alimony when the parties are not separated or living apart. For the courts to inquire into the living standards of a family would be ...
Carabetta v. Carabetta
CitationCarabetta v. Carabetta, 182 Conn. 344, 438 A.2d 109, 1980 Conn. LEXIS 995 (Conn. Nov. 25, 1980) Brief Fact Summary. Plaintiff and Defendant exchanged vows before a priest but did not properly obtain a marriage certificate. Defendant claims that the marriage is void. Synopsis of Rule of Law. Under Connecticut law a failure to obtain a marriage license make the marriage dissoluble rather than void when proper solemnization occurs. ...
Doe v. Dyer-Goode
CitationDoe v. Dyer-Goode, 389 Pa. Super. 151, 566 A.2d 889, 1989 Pa. Super. LEXIS 3505 (Pa. Super. Ct. Nov. 29, 1989) Brief Fact Summary. Appellant consented to have blood drawn for a premarital blood test, but did not consent to an AIDS test. He was incorrectly informed that he tested positive for AIDS, and brought suit. Synopsis of Rule of Law. Appellant failed to set forth a sufficient cause of action for the doctor’s acts of testing his sample for AIDS or informing him of the results of this test. ...
Potter v. Murray City
CitationPotter v. Murray City, 760 F.2d 1065, 1985 U.S. App. LEXIS 31042, 37 Fair Empl. Prac. Cas. (BNA) 1652, 37 Empl. Prac. Dec. (CCH) P35,222 (10th Cir. Utah Apr. 30, 1985) Brief Fact Summary. Plaintiff, a police officer in Utah, was fired for practicing polygamy. He brought suit claiming that laws prohibiting plural marriage were invalid. Synopsis of Rule of Law. States may show a compelling interest to uphold a law by demonstrating that the value the law protects has historically been widely held by the people. ...
Moe v. Dinkins
CitationMoe v. Dinkins, 669 F.2d 67, 1982 U.S. App. LEXIS 22685 (2d Cir. N.Y. Jan. 11, 1982) Brief Fact Summary. Plaintiffs were prevented from entering into marriage because a New York law required minors to obtain parental consent prior to marriage. Plaintiffs brought suit claiming the law violated the Due Process Clause of the United States Constitution. Synopsis of Rule of Law. Because of the unique position between minors and marriage, the law is examined under a rational relationship test rather than strict scrutiny. ...
Radochonski v. Radochonski
CitationRadochonski v. Radochonski, 1998 Wash. App. LEXIS 765 (Wash. Ct. App. May 22, 1998) Brief Fact Summary. Anthony requested an annulment from his wife Barbara. The trial court granted based on Barbara’s continuing relationship with a previous lover and related misrepresentations. Synopsis of Rule of Law. An annulment requires fraud that go to the essentials of marriage. ...
Turner v. Safley
CitationTurner v. Safley, 482 U.S. 78, 107 S. Ct. 2254, 96 L. Ed. 2d 64, 1987 U.S. LEXIS 2362, 55 U.S.L.W. 4719 (U.S. June 1, 1987) Brief Fact Summary. Inmates brought suit over a Missouri Corrections regulation that permitted inmates to marry only with permission of the prison superintendent and allowed for approval only when compelling reasons exist. Synopsis of Rule of Law. The reason for the rule did not have a reasonable relationship to the goals of the penal system, therefore the prisoner’s constitutional right to marriage was violated. ...
Baker v. State
CitationBaker v. State, 170 Vt. 194, 744 A.2d 864, 1999 Vt. LEXIS 406 (Vt. Dec. 20, 1999) Brief Fact Summary. Plaintiffs, three same-sex couples who have lived in committed relationships for significant periods, brought suit seeking judgment that a statute disallowing same sex marriage was unconstitutional under state law and the state constitution. Synopsis of Rule of Law. A law that prohibited same-sex couples from receiving the same benefits and protections that married opposite-sex couples received violated the Vermont Constitution. ...
In Re Adoption of M
CitationIn re Adoption of M, 317 N.J. Super. 531, 722 A.2d 615, 1998 N.J. Super. LEXIS 529 (Ch.Div. Oct. 15, 1998) Brief Fact Summary. Petitioner M. was adopted by two parents at the age of fifteen. At the age of twenty-one she bore the child of her adoptive father and petitioned the court to vacate the final judgment of adoption in relation to her adoptive father so that they could marry. Synopsis of Rule of Law. The truly exceptional circumstances necessary to vacate a judgment of adoption were attained when adopted Petitioner wished to marry her adoptive father, with whom she had a child ...
In Re Marriage of Greenwald
Citation154 Wis. 2d 767,454 N.W.2d 34,1990 Wisc. App. Brief Fact Summary. Josephine and Darwin entered into a marriage agreement whereby their estates would be separate. Josephine divorced and claimed that the agreement should be invalidated. Synopsis of Rule of Law. The agreement should be evaluated from the perspective of the parties at the execution allowing the parties the freedom to contract. At the time of divorce the agreement should be disallowed only if there is a significant change in the parties’ circumstances. ...
Loving v. Virginia
CitationLoving v. Virginia, 388 U.S. 1, 87 S. Ct. 1817, 18 L. Ed. 2d 1010, 1967 U.S. LEXIS 1082 (U.S. June 12, 1967) Brief Fact Summary. An African-American woman and a Caucasian man were charged and pled guilty to a Virginia statute banning interracial marriages. Synopsis of Rule of Law. The Equal Protection Clause calls for strict scrutiny when laws contain classification based upon race. Such laws are only upheld if a legitimate state interest independent of the racial discrimination exists. ...