Sunday, September 16, 2012

Lee v. Louisiana case brief

 1. Case: Lee v. Louisiana:

a. Facts: An unwed mom had 5 kids. Due to medical malpractice, she died. The La. wrongful death statute barred the children of unmarried parents from suing for wrongful death.

b. Held: The statute was unconstitutional.

•Children of unmarried parents are a quasi-suspect class.

C. A mother has the right to sue for the wrongful death of her illegitimate children. Case: Glona v. Aetna.

D. All parents, including unmarried fathers, are entitled to a hearing on their fitness as parents before the state can take the kids away.

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