Citation767 So. 2d 1179,2000 Fla.25 Fla. L. Weekly S 682 Brief Fact Summary. Plaintiff brought a complaint alleging that she was the victim of sexual abuse that caused her to suffer from traumatic amnesia. Synopsis of Rule of Law. The delayed discovery doctrine generally provides that a cause of action does not accrue until the plaintiff either knows or reasonably should know of the tortious act giving rise to the cause of action. ...
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Hartman v. Hartman
CitationHartman v. Hartman, 821 S.W.2d 852, 1991 Mo. LEXIS 130 (Mo. Dec. 17, 1991) Brief Fact Summary. Plaintiffs filed an action in the Circuit Court alleging their father and grandfather negligently maintained and operated a propane gas stove and propane tank causing them to explode, thereby injuring the children. Synopsis of Rule of Law. The doctrine of parental immunity should be abrogated in favor of a reasonable parent standard in negligence suits brought by children against their parents. ...
Marisol v. Giuliani
CitationMarisol A. by Forbes v. Giuliani, 929 F. Supp. 662, 1996 U.S. Dist. LEXIS 8420 (S.D.N.Y. June 18, 1996) Brief Fact Summary. Plaintiffs, 11 children who suffered from abuse and neglect under the New York Children’s services, brought suit seeking injunctive and declaratory relief based on a variety of claims. Synopsis of Rule of Law. Three factors are used to determine if a federal statute permits a private right of action: 1) whether the provision was intended to benefit plaintiff; 2) whether the provision reflects a congressional preference for a kind of conduct rather than a b ...
Santosky v. Kramer
CitationSantosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599, 1982 U.S. LEXIS 89, 50 U.S.L.W. 4333 (U.S. Mar. 24, 1982) Brief Fact Summary. Petitioner parents challenged the constitutionality of a New York statute permitting permanent termination of parental rights based upon a preponderance of the evidence standard. Synopsis of Rule of Law. The Due Process Clause of the Fourteenth Amendment requires more than a preponderance of the evidence standard in a termination of parental rights hearing. ...
In Re Jaclyn P
CitationIn re Jaclyn P., 179 A.D.2d 646, 578 N.Y.S.2d 252, 1992 N.Y. App. Div. LEXIS 250 (N.Y. App. Div. 2d Dep’t Jan. 13, 1992) Brief Fact Summary. Respondent was accused of sexually abusing his children, and evidence was adduced from various sources to support this allegation at trial. The trial court held that respondent’s evidence refuted this evidence and thus a case against respondent was not made by a preponderance of the evidence. Synopsis of Rule of Law. The testimony of various experts, including psychiatrists and pediatricians, is used as evidence to support civil all ...
In Re Juvenile Appeal (83-CD)
CitationIn re Juvenile Appeal (83-CD), 189 Conn. 276, 455 A.2d 1313, 1983 Conn. LEXIS 443, 38 A.L.R.4th 736 (Conn. Feb. 15, 1983) Brief Fact Summary. Defendant appealed the court’s decision to temporarily remove her children after her youngest child passed away from unknown causes. Synopsis of Rule of Law. Due to the fundamental interest of a parent in raising their children a showing of serious physical illness, or serious physical injury, or immediate physical danger must be demonstrated before children may be removed from a family. ...
Parham v. J.R
CitationParham v. J.R., 442 U.S. 584, 99 S. Ct. 2493, 61 L. Ed. 2d 101, 1979 U.S. LEXIS 130 (U.S. June 20, 1979) Brief Fact Summary. Appellees, juveniles committed to state mental hospitals, brought a class action suit claiming that Georgia’s voluntary commitment procedures for children under 18 violated the Due Process Clause of the Fourteenth Amendment. Synopsis of Rule of Law. A factfinding hearing prior to commitment is not required because it is unlikely that such a hearing would be more reliable than the findings of a mental health professional. ...
Planned Parenthood of Southeastern Pennsylvania v. Casey
CitationPlanned Parenthood v. Casey, 505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674, 1992 U.S. LEXIS 4751, 60 U.S.L.W. 4795, 92 Daily Journal DAR 8982, 6 Fla. L. Weekly Fed. S 663 (U.S. June 29, 1992) Brief Fact Summary. A Pennsylvania statute required notification of the husband or various other stringent notifications prior to permitting an abortion Synopsis of Rule of Law. Requiring spousal notification prior to an abortion is unduly burdensome and unconstitutional. Requiring parental notification in the case of minors is constitutional so long as there is a medical emergency exception ...
Tropea v. Tropea
CitationTropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575, 1996 N.Y. LEXIS 300 (N.Y. Mar. 26, 1996) Brief Fact Summary. Two cases are analyzed in which the custodial parent requested permission from the court to move out of the area with the children in opposition to a custody order. In both cases the father appealed. Synopsis of Rule of Law. Rather than applying the three-step meaningful access exceptional-circumstances analysis, each relocation request must be considered on its own merits with due consideration of all the relevant facts and circumstances and with predomina ...
Delong v. Delong
CitationDelong v. Delong, 56 Wis. 514, 14 N.W. 591, 1883 Wisc. LEXIS 395 (Wis. 1883) Brief Fact Summary. During custody proceedings, father produced testimony that demonstrated mother participated in homosexual activity. The court awarded sole custody of the children to father based on this activity. Synopsis of Rule of Law. A per se rule that a parent who engages in homosexual activity is unfit to be the custodian of his or her child is incompatible with the best interests of the child standard. A nexus approach whereby the relevant issue is not the nature of the parent’s sexual act ...
Baldridge v. Lacks
CitationBaldridge v. Lacks, 883 S.W.2d 947, 1994 Mo. App. LEXIS 1235 (Mo. Ct. App. July 26, 1994) Brief Fact Summary. Plaintiff testified that her attorney failed to adequately investigate in a divorce settlement and negligently encouraged her to settle. Plaintiff brought a malpractice suit against the attorney and his law partners. Synopsis of Rule of Law. The desire for the peaceful resolution of marriage dissolution cases and the policy against revisiting settled cases is not sufficient to disallow a malpractice action in a divorce settlement where the attorney was negligent. ...
State Ex Rel. Mahony v. St. John
CitationState ex rel. Attorney Gen. v. St. John, 21 Kan. 591, 1879 Kan. LEXIS 37 (Kan. 1879) Brief Fact Summary. Wife brought a divorce decree in Washington where she formerly lived with her husband and child. Wyoming, the domicile of the husband, refused to honor the decree based on a lack of jurisdiction. Synopsis of Rule of Law. The UIFSA, as adopted by both states requires a state to honor decrees by foreign states so long as the foreign state’s assumption of personal jurisdiction over appellee was consistent with that state’s general laws of jurisdiction as well as the Unif ...
Antonelli v. Antonelli
CitationAntonelli v. Antonelli, 242 Va. 152, 409 S.E.2d 117, 1991 Va. LEXIS 126, 8 Va. Law Rep. 906 (Va. Sept. 20, 1991) Brief Fact Summary. Father petitioned the court for a reduction in his child support payments after his salary decreased from a job change. The court reduced the payment, and the reduction request was denied on appeal. Synopsis of Rule of Law. The majority and dissent demonstrate two different views on of a voluntary change in job and consequential reduction in salary can amount to a material change warranting a reduction in child support obligation. ...
Kulko v. Superior Court
CitationKulko v. Superior Court of Cal., 436 U.S. 84, 98 S. Ct. 1690, 56 L. Ed. 2d 132, 1978 U.S. LEXIS 87 (U.S. May 15, 1978) Brief Fact Summary. Appellee separated from appellant and moved to California. After their children joined her in California, appellee attempted to bring a divorce suit in California against appellant, who still resided in New York. Synopsis of Rule of Law. In order to establish personal jurisdiction a defendant must have certain minimum contacts with the forum State so as not to offend traditional notions of fair play and substantial justice. ...
Keller v. O
CitationKeller v. O’Brien, 420 Mass. 820, 652 N.E.2d 589, 1995 Mass. LEXIS 314, 47 A.L.R.5th 855 (Mass. July 24, 1995) Brief Fact Summary. Plaintiff brought suit requesting a modification of his alimony payments to defendant upon her remarriage. Synopsis of Rule of Law. The Court adopts a rule whereby the recipient spouse’s remarriage does not of itself automatically terminate alimony, but is prima facie evidence requiring the court to terminate alimony absent proof of extraordinary circumstances established by the recipient spouse warranting its continuation ...
Ankenbrandt v. Richards
CitationAnkenbrandt v. Richards, 504 U.S. 689, 112 S. Ct. 2206, 119 L. Ed. 2d 468, 1992 U.S. LEXIS 3547, 60 U.S.L.W. 4532, 92 Cal. Daily Op. Service 4978, 92 Daily Journal DAR 7953, 6 Fla. L. Weekly Fed. S 400 (U.S. June 15, 1992) Brief Fact Summary. Petitioner sought to bring a federal tortious action against respondents for the abuse of her children based on diversity-of-citizenship. The district court dismissed the action based on the domestic relations exception to diversity jurisdiction. Synopsis of Rule of Law. The domestic relations exception to diversity jurisdiction applies only to ...
In Re Marriage of Kimura
CitationIn re Marriage of Kimura, 471 N.W.2d 869, 1991 Iowa Sup. LEXIS 222 (Iowa June 19, 1991) Brief Fact Summary. Ken and Fumi were married in Japan and Ken subsequently moved to Iowa. Ken filed for divorce in Iowa, and Fumi contested the personal and subject matter jurisdiction of the Iowa district court. Synopsis of Rule of Law. Rather than minimum contacts, domicile continues to be the basis for a court’s jurisdiction to grant a dissolution of marriage decree. However, under the divisible divorce doctrine, the court will not necessarily have jurisdiction to adjudicate other inci ...
Sosna v. Iowa
CitationSosna v. Iowa, 419 U.S. 393, 95 S. Ct. 553, 42 L. Ed. 2d 532, 1975 U.S. LEXIS 19, 19 Fed. R. Serv. 2d (Callaghan) 925 (U.S. Jan. 14, 1975) Brief Fact Summary. Appellant moved from New York to Iowa and one month later brought suit for divorce in Iowa. Appellant’s husband challenged the jurisdiction of the Iowa court. Synopsis of Rule of Law. A durational residency requirement is constitutional in that appellant was not permanently foreclosed from obtaining a divorce and the State’s interests in the requirement are legitimate. ...
Michael H. v. Gerald D
CitationMichael H. v. Gerald D., 1992 U.S. LEXIS 3091, 504 U.S. 905, 112 S. Ct. 1931, 118 L. Ed. 2d 538, 60 U.S.L.W. 3779 (U.S. May 18, 1992) Brief Fact Summary. Carole had an adulterous affair with Michael while married to Gerald. A child was born while Carole and Gerald were together, but was likely Michael’s child. Michael and the child by guardian ad litem brought suit to establish paternity and a right to visitation. Synopsis of Rule of Law. An adulterous, natural father does not have a constitutional right to paternity over the marital father. ...
Clark v. Jeter
CitationClark v. Jeter, 486 U.S. 456, 108 S. Ct. 1910, 100 L. Ed. 2d 465, 1988 U.S. LEXIS 2490, 56 U.S.L.W. 4527 (U.S. June 6, 1988) Brief Fact Summary. Petitioner challenged a Pennsylvania statute that required proof of paternity to receive support, and established a six year statute of limitations for paternity actions. Synopsis of Rule of Law. Under heightened scrutiny the statute is unconstitutional because it is not substantially related to the State’s interest in avoiding the litigation of stale or fraudulent claims. ...
Bowers v. Hardwick
CitationBowers v. Hardwick, 478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. 2d 140, 1986 U.S. LEXIS 123, 54 U.S.L.W. 4919 (U.S. June 30, 1986) Brief Fact Summary. Respondent was charged for committing sodomy after he engaged in the act with another adult male in respondent’s home. Respondent claimed that his status as a homosexual placed him in imminent danger of arrest. Synopsis of Rule of Law. The right to engage in sodomy in the privacy of the home is not a fundamental right protected by the United States Constitution. ...
People v. Liberta
CitationPeople v. Liberta, 90 A.D.2d 681, 455 N.Y.S.2d 882, 1982 N.Y. App. Div. LEXIS 18766 (N.Y. App. Div. 4th Dep’t Oct. 29, 1982) Brief Fact Summary. Defendant was indicted for the rape and sodomy of his wife, with whom he was separated. The defendant was convicted and appealed, asserting that both statutes are unconstitutional. Synopsis of Rule of Law. The marital exemption and the female exemption to the rape and sodomy statutes are unconstitutional based upon equal protection analysis. ...
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 ...
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 ...
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. ...