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Saturday, October 4, 2014

Delay Conviction Thrown Out by CCA, Lesbians sue for breach of warranty for giving them sperm from black donor

Here's a story in the Washington Post that could be the basis for an essay exam in an ethics or law class about a couple of lesbians on the warpath because a sperm bank inseminated one of them with sperm from a black donor:
White Ohio woman sues over sperm from black donor

In this undated family photo provided by Jennifer Cramblett shows her daughter, Payton. Cramblett and her partner, Amanda Zinkon, are suing Midwest Sperm Bank after she became pregnant with sperm donated by a black man instead of a white man, as they had intended. Cramblett was pregnant with Payton, now 2-years-old, when the mistake was discovered. (Courtesy of Jennifer Cramblett/Associated Press).
Cramblett said they had chosen sperm from a man known as No. 380, a white donor. The sperm used for insemination came from No. 330, a black donor, she said. “How could they make a mistake that was so personal?” Cramblett said during a telephone interview on Wednesday. According to the lawsuit, her excitement about the pending birth was replaced with “anger, disappointment and fear.”

Here are a few questions I would ask the student to answer: was there an express or implied warranty that the donor would be white? Or a disclaimer of warranty? Was it in bold, prominent print? Is it effective?
Can the lesbian mothers recover mental anguish damages? How about punitive damages? Does the Deceptive Trade Practices Act apply, and if so, can they get treble damages? Is a human being, or sperm a "good" as defined by the DTPA? Can they rescind the contract and return the child as a nonconforming good under the UCC? Can the sperm bank counterclaim for a frivolous lawsuit and get sanctions?
You are a community organizer or lawyer for the ACLU. How do you decide which oppressed group to represent - gays and lesbians who want the right to marry and adopt children, or blacks, who have been discriminated against for centuries?
Seriously, as a father who for years thought he and his wife (female by the way) would never have children, we would have adopted this precious little girl in a heartbeat. If these bitches, and that's what they are, don't want her, there are countless couples who would adopt her and give her a loving home. I can't imagine the emotional damage these two ingrates will inflict on this child with this absurd lawsuit.

Tom Delay's Money Laundering Conviction Thrown Out by CCA
This one proves the old adage that when you get indicted it's front page news but when you're acquitted or the conviction is thrown out it's on page B-6. I didn't know that Tom Delay's conviction was reversed by the CCA this week until I read it at Grits for Breakfast, here.

From Grits for Breakfast: Deputy seeks sex offender dick pics

A Wise County Sheriff’s officer was arrested Friday morning for improper photography related to sex offenders who had been jailed. Sgt. Chad Hightower was charged with improper photography or visual recording. He posted $25,000 bond and was released. The investigation began from a complaint by a man who was registering as a sex offender. According to the arrest warrant affidavit, Hightower told the man a new state law required him to take photos of offenders in the nude. The complainant was photographed naked twice, the second time in an office at the county’s impound yard. The investigation revealed nude photos of other men as well, according to the affidavit. Look for a full story in the weekend Wise County Messenger.

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