tort law

The Connecticut Supreme Court is considering whether petitioner Charlotte Stacey is entitled to loss of consortium even though she was not married to her female domestic partner, who allegedly died from medical malpractice, The Hartford Courtant reports. While Connecticut only allows loss of consortium for legally married spouses, Stacey argues that her constitutional rights were violated because she and her deceased partner wanted to be married but could not wed until the Connecticut Supreme Court ruled that the state law banning same-sex matrimony was unconstitutional, The Courant further reports. Oral arguments in the case were held this week.

After the Oklahoma Supreme Court struck down tort reform legislation because it contained multiple subjects in violation of the state constitution, state lawmakers are holding hearings on how judges are selected, the Associated Press reported. Oklahoma House Speaker T.W. Shannon said he believes "the Oklahoma Supreme Court has acted at times as a ‘Super Legislature. It is my opinion the court has attempted to derail laws and reforms that are not only constitutional, but benefit our great state and provide greater opportunity and freedom for our citizens," the AP reported. However, others argue that replacing a merit selection system with elections k"could lead to scandals similar to one in the 1960s in which state Supreme Court justices were accused of accepting bribes and fixing decisions," according to the AP.

While the U.S. Supreme Court has ruled FDA approval of medical devices preempts tort lawsuits over medical-device injuries, plaintiff "Arizonan Richard Stengel says federal law regulating medical devices does not trump his claims under state law because Medtronic Inc failed to alert the U.S. Food and Drug Administration to known risks associated with the pain medication pump and catheter that was implanted in his abdomen," Reuters reports. The high court has asked for input from President Obama's administration before making a decision on granting certiorari on hearing the appeal.