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Meritless lawsuit of the month

post #1 of 8
Thread Starter 
Caddie claims that LPGA golfer seduced him to get pregnant
post #2 of 8
Agreed, but what I found interesting was:
Quote:
The suit says Gallagher-Smith, 37, gave birth last month, but Florida law says a child born into a marriage is deemed to be a result of the marriage. A DNA test can't be forced and Robinson has no legal claim to the child, said Cathy Lively, Robinson's attorney.
I'm no legal eagle and didn't know this. Of course, a man shouldn't be cavorting with a married woman, but to have no claim at all....interesting...so basically he has no recourse here?
post #3 of 8
In many states the "marital presumption" regarding the husband's fatherhood is conclusive--i.e. cannot be challenged even if you have credible evidence to the contrary.  I watched an oral argument one time where a woman's lover sneaked out her child for a DNA test, then tried to get custodial rights over the objections of her by-then-estranged-husband, using the DNA results.  The court's basic position seemed to be "tough luck, dude--you knew she was married when you knocked her up." On the subject of the golfer/caddy case, it brings to mind a recent case I read about where a man had unprotected oral sex with a woman, who then used the ejaculate to inseminate and impregnate herself.  The court applied property law concepts to the case and held that the man had provided the woman with a "gift" and could not control her subsequent use of said gift.  I believe the court tagged the guy with child support obligations but held that he was free to pursue an emotional distress claim against the woman.
post #4 of 8
Quote:
On the subject of the golfer/caddy case, it brings to mind a recent case I read about where a man had unprotected oral sex with a woman, who then used the ejaculate to inseminate and impregnate herself.  The court applied property law concepts to the case and held that the man had provided the woman with a "gift" and could not control her subsequent use of said gift.  I believe the court tagged the guy with child support obligations but held that he was free to pursue an emotional distress claim against the woman.
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post #5 of 8
Quote:
Quote:
(retronotmetro @ May 02 2005,16:43) On the subject of the golfer/caddy case, it brings to mind a recent case I read about where a man had unprotected oral sex with a woman, who then used the ejaculate to inseminate and impregnate herself.  The court applied property law concepts to the case and held that the man had provided the woman with a "gift" and could not control her subsequent use of said gift.  I believe the court tagged the guy with child support obligations but held that he was free to pursue an emotional distress claim against the woman.
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Silver is for 25th, gold for 50th... which is the semen anniversary, again?
post #6 of 8
Maybe he just misunderstood when she said to sit back and take a load off.
post #7 of 8
No lawsuit lacks merit if the lawyers get paid
post #8 of 8
Quote:
Quote:
(j @ May 02 2005,19:10)
Quote:
Originally Posted by retronotmetro,May 02 2005,16:43
On the subject of the golfer/caddy case, it brings to mind a recent case I read about where a man had unprotected oral sex with a woman, who then used the ejaculate to inseminate and impregnate herself.  The court applied property law concepts to the case and held that the man had provided the woman with a "gift" and could not control her subsequent use of said gift.  I believe the court tagged the guy with child support obligations but held that he was free to pursue an emotional distress claim against the woman.
...
Silver is for 25th, gold for 50th... which is the semen anniversary, again?
3, 4...7 tops.
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