Four years ago, a Kansas man donated sperm, but now the courts want him to pay child support.
Another example of how technology is several steps ahead of law, because these questions have yet to be fully answered. If he is “just” a sperm donor, he is not on the hook—or so we thought.
Nearly four years ago, Marotta donated sperm in a plastic cup to a lesbian couple after responding to an ad they had placed on Craigslist.
Marotta and the women, Topekans Angela Bauer and Jennifer Schreiner, signed an agreement holding him harmless for support of the child, a daughter Schreiner bore after being artificially inseminated.
But the Kansas Department for Children and Families is now trying to have Marotta declared the 3-year-old girl’s father and forced to pay child support. The case is scheduled for a Jan. 8 hearing in Shawnee County District Court.
If Marotta were declared the father, would that eliminate Bauer’s obligations to the child? This will be an interesting case to follow, but is also an important lesson for future donors. If it is held that the donors are liable for the child’s costs, then donations will necessarily plummet. Another example of basic economic incentives at work: If the costs of donations increase, then donations will decrease.
New Jersey has finally opened its first medical marijuana clinic in Montclair. The Greenleaf Compassion Center (great name) opened its doors to the first twenty patients on December 6, 2012.
The legal wrangling between the federal and state laws around marijuana continues on, but people can now legally—under NJ law—get a remedy recommended by their physicians.
The Department of Transportation (DOT) has updated the random testing rates for the Pipeline & Hazardous Materials Safety Administration (PHMSA). PHMSA now requires 25% testing starting in 2013.
The DOT has announced that marijuana is still not allowed for truck drivers and others in safety-sensitive positions. This is not a surprise, but the DOT felt that it was important to reinforce the message in light of recent state-level marijuana legalization efforts.
Just as alcohol is legal, those in trucking, bus driving, and commercial driving know that consuming alcohol will get you a DWI or DUI arrest. Even in states that have legal marijuana, driving high will get you in trouble with the authorities, and DOT testing will continue to test for marijuana.
Who will inherit your digital content? Your iTunes library, your Amazon Kindle and Nook e-books, etc.?
MarketWatch has an article describing how people must consider these things when doing their estate planning. Last year I wrote about passwords living on after one’s passing, but now there may be ways to pass on your libraries directly.
Employment Litigation is at an all time high, and so what happens if you or your company is sued? How much will you end up paying in litigation costs?
Well, for starters, “If your case has just one plaintiff and no horrible facts (e.g., TMZ-type allegations, exec wrongdoers, etc.), expect to pay between $0 and $50,000. That covers about a third of all cases.”
It is important for businesses to do what they can to avoid litigation costs. There are any number of ways to be proactive in reducing the likelihood of these suits as well as their chances of success. Some ways include supervisor training, employee training, and regular drug and alcohol screenings.
(Cross Posted at NYC Drug Testing)
The Queens DA’s Office has been interrogating defendants without counsel.
The DA has instituted “‘central booking interview program’ in which prosecutors interrogate suspects before they are arraigned or have counsel assigned to them.” Before arraignment, the office assigns ADA’s and detectives to interview those arrested for crimes:
Before he was arraigned, he was interviewed by a detective and two assistant district attorneys through a Spanish-speaking interpreter. They told Mr. Perez, “If there is something you would like us to investigate concerning this incident, you must tell us now so we can look into it.” Only after that did they give him Miranda warnings on his right to remain silent and be provided counsel.
This is a disgusting example of a clear Miranda violation—if true. The right to counsel has clearly attached and anyone in custody gets their rights read to them under the Miranda rules. That is not just Queens or NYC, but nationwide. Since anyone can be arrested, everyone needs to know their rights and needs to know an attorney who can provide competent representation.
Today in celebrity divorce news, Spy Kids‘ actor Alexa Vega files for divorce from Sean Covell, her husband of less than two years.
Ms. Vega cited irreconcilable differences in documents filed recently with the Los Angeles Superior Court.
Vega, 23, and Covel, 36, were married in October 2010. The actress listed their separation date as March 5, 2012.
According to Atlanta television station WSB, former NFL star Terrell Owens did not show up to a court appearance the other day and may be facing jail time.
Owen’s attorney, David Hartin, told the judge it was his fault Owens was not there. Hartin said he didn’t communicate well with his client.
The hearing involved T.O. being $20,000 behind on payments to the mother of his seven-year-old daughter.
Melanie Smith, the mother of Owen’s 7-year-old daughter, said he has not made child support payments in months. A previous agreement required Owens to pay Smith $5,000 per month.
The judge, John Goger, agreed to reschedule the hearing for next week, and T.O. could go to jail if he doesn’t appear.
The WSJ law blog has this post about two competing burgers, both of which are decadent to the extreme.
New York City’s 2nd Avenue Deli has its “Instant Heart Attack Sandwich” (with latkes instead of bread) and plans a new “Triple Bypass Sandwich.” Las Vegas’s Heart Attack Grill sent the deli a cease-and-desist letter saying that it was infringing its trademarks.
The verdict? The SDNY ruled that the 2nd Avenue Deli can sell the Instant Heart Attack Sandwich–in Manhattan only.
