In Catholic Charities of the Diocese of Albany v. Serio, 7 N.Y.3d 510 (2006), a group of religiously affiliated organizations challenged a New York statute that required health insurance plans covering prescription drugs to include contraceptive coverage under the Women’s Health and Wellness Act (NY Insurance Law § 3221(16) and § 4303(cc)).
An man appealed his restraining order, which prevented him from contacting his ex-wife, arguing that the lower court did not properly establish a finding of domestic abuse despite his ex-wife’s testimony that he repeatedly used vulgar and threatening language towards her, at times placing her in fear of physical harm. The Rhode Island Supreme Court upheld the restraining order and underlying finding of domestic abuse, citing the definition of domestic abuse in Title 15, Chapter 15 of the General Laws of Rhode Island: “Among the acts specified in . . .
After pleading guilty, appellant-father was convicted of several counts of sexually abusing his daughter. Appellee-mother filed a petition to terminate father’s parental rights to the daughter, and the District Court terminated his parental rights pursuant to Wyo. Stat. Ann.
Cece, a young Albanian woman fled Albania to avoid trafficking and prostitution rings which target young women living alone. While living alone in Korce, Cece caught the attention of one of the leaders of a well-known prostitution ring. He followed, harassed, and threatened Cece. Her reports of the assault to the authorities were perfunctorily dismissed. Thereafter, Cece fled to the United States (“U.S.”) using a fraudulently procured Italian passport, whereupon she filed for asylum and withholding of removal within the one-year statutory period.
In Cesare v. Cesare, 154 N.J. 394, 713 A.2d 390 (1998), the plaintiff sought a restraining order against her husband under the Prevention of Domestic Violence Act of 1991, N.J. Stat. § 2C:25-17 et seq., following an argument concerning the dissolution of their marriage. During the argument, the defendant threatened that the plaintiff would never gain custody of their children and that he would never sell the family home or share its proceeds.
In the case Chambers v. Trettco, Inc., 463 Mich. 297, 614 N.W.2d 910 (2000), a former employee filed suit against her employer under the Michigan Civil Rights Act, Mich. Comp.
After having her first child in China in 1984, Cheung had three abortions and moved to a new province in 1986 to avoid problems with local authorities on the basis of China’s one-child policy. Cheung had another child in that province. Cheung moved to Canada, knowing that she would be sterilized if she returned to China. The Immigration and Refugee Board determined that Cheung and her daughter did not have the “well-founded fear of persecution” necessary for Convention refugee status, and Cheung appealed.
In the case Chicoine v. Chicoine, 479 N.W.2d 891 (S.D. 1992), the parties were married for three years before the wife engaged in a series of openly same-sex affairs. The husband obtained a temporary custody order for their two children and later filed for divorce on the grounds of extreme cruelty. The trial court awarded custody to the husband, granted the wife restricted visitation including unsupervised overnight visits, and imposed an additional condition prohibiting unrelated women or gay men from being present during the visitation.
This memorandum discusses the strategies courts employ around the world to treat child victims and witnesses and their evidence when giving testimony. International and regional human rights standards have highlighted good practices in the treatment of vulnerable young child witnesses, centering on the foundational principle of the best interests of the child.
Plaintiff-child and parents sued defendant-school district, principal and teacher, alleging that teacher had sexually abused the child and the district and principal were negligent in hiring and supervising the teacher. In a responsive pleading, defendant-school district and principal asserted as affirmative defense that plaintiff’s voluntary participation in the sexual relationship with defendant teacher constituted contributory fault.
