Straub v. BMT by Todd
Straub v. BMT by Todd was a 1994 case of the
Background
In 1986,
Ruling
In its ruling, the Indiana Supreme Court said that Straub's and Todd's contact was null, void, and unenforceable as a matter of public policy.
Justice DeBruler's dissent
In a short but succinct dissent, Justice Roger Owen DeBruler agreed with the majority that a parent cannot legally bargain away their child's right to financial support but also argued that in spite of the fact that one cannot contract away one's liability for negligence, the government nevertheless allows people to purchase liability insurance.[1] DeBruler pointed out that if people's liability insurance coverage was inadequate, then these people would themselves pay out of pocket, but that it would nevertheless be inappropriate for the judiciary to strike down liability insurance by invoking a public policy imposing liability for negligence.[1] DeBruler thus argued that if Todd is actually able to pay Straub's share of child support, then she should indeed be legally required to do so considering that she previously agreed and promised to do so.[1] DeBruler also invoked Judge Linda Chezem's opinion in this case from the Indiana Court of Appeals[5] in regards to the proper procedure for making certain that B.M.T. receives adequate financial support.[1]
See also
References
- ^ a b c d e f g h i j k l m n Randall T. Shepard (December 30, 1994). "Straub v. BMT by Todd". Justia Law.
- ISBN 978-1-337-91761-2.
- ^ a b Staff (January 4, 1994). "CONCEPTION FAVOR PROVES COSTLY". The Buffalo News.
- ^ [1]
- ^ Judge Miller (December 30, 1993). "Straub v. BMT by Todd". Justia Law.