AIDS phobia; reasonable fears or unreasonable lawsuits?
Article Abstract:
Johnson v West Virginia University Hospitals, decided by the W Va Supreme Court in 1991, was an extreme example of an AIDS phobia case. The plaintiff was a policeman bitten during a scuffle with a patient who, unbeknownst to the cop, had AIDS. The plaintiff won damages of $1.9 million for his 'reasonable fear' of getting AIDS. The issue in such litigation is the mental distress suffered because of exposure to AIDS. These cases divide into two classes, those where the contact was deemed too limited to be a cause and those where something happened that might have led to exposure.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Having my baby; unwed fathers score victory in California
Article Abstract:
The California Supreme Court in Adoption of Kelsey S held that an unwed father can veto the adoption of a baby even when the mother has kept him from forming a parent-child relationship. The judges struck down a state law for equal protection and due process reasons because it allowed mothers and 'presumed' fathers a greater voice than unwed fathers in adoption proceedings. The appeal asked the judges to decide if the law was discriminatory, and they felt that it was.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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