No. 21-955

Khristy Goins Rismiller, Tutrix for Daniel Edward Goins, et al. v. Gemini Insurance Company, et al.

Lower Court: Louisiana
Docketed: 2021-12-30
Status: Denied
Type: Paid
Response Waived
Tags: adoption adoption-law biological-classification civil-rights constitutional-rights due-process equal-protection intermediate-scrutiny levy-v-louisiana wrongful-death
Key Terms:
DueProcess FourthAmendment Securities Privacy JusticiabilityDoctri
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Do children given in adoption have a constitutional right to sue for the wrongful death of their biological parent and siblings under the 14th Amendment to the United States Constitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Do children given in adoption have a constitutional right to sue for the wrongful death of their biological parent and siblings under the 14‘" Amendment to the United States Constitution? 2. Has this Court in Levy v. Louisiana, 391 U.S. 68, 88 S.Ct. 1509, 20 L.Ed.2d 436 (1968), see also, Glona v. American Guarantee & Liability Insurance Co., 391 US. 73,88 8.Ct. 1515,20 L.Ed.2d 441 (1968), Weber v. Aetna Casualty & Surety Co., 406 U.S. 164, 92 S.Ct. 1400, 31 L.Ed.2d 768 (1972) and Gomez v. Perez, 409 U.S. 535, 93 S.Ct. 872, 35 L.Ed.2d 56 (1973), “as a constitutional proposition ... substituted a biological classification for the [State’s] legal classification”? Warren v. Richard, 296 So.2d 818, 816 (La. 1974). 3. Intermediate scrutiny is the federal test in equal protection analysis for gender discrimination, Sessions v. Morales-Santana, ___ U.S. ___, 187 S.Ct. 1678, 1689-1690 (2017) and those born out of wedlock. Clark v. Jeter, 486 U.S. 456, 486, 108 S.Ct. 1910, 1914, 100 L.Ed.2d 465 (1988). Should not intermediate scrutiny also apply when children are born of marriage and are adopted? 4. Is “birth” rather than the legal “effects of adoption” under La. C.C. art. 119, as construed by the Louisiana Court, the controlling factor in equal protection analysis? If the Louisiana Supreme Court’s decision is allowed to stand, then children, whether born of marriage or not, are divested of their legal right to sue for the death of their biological parent and siblings upon adoption. This holding discourages adoptions, is contrary to stated legislative policy and contradicts Levy, supra and its progeny. 5. The Louisiana Supreme Court recognized the right of adopted children to sue for the loss of their biological parent and siblings, Rismiller v. Gemini Insurance Company, __ So. 8d ___, 2020 WL 731056 (2020),

Docket Entries

2022-03-07
Petition DENIED.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-11
Reply of petitioners Khristy Goins Rismiller, et al. filed.
2022-02-01
Waiver of right of respondent Shelia Smith to respond filed.
2022-01-28
Brief of respondent Gemini Insurance Company in opposition filed.
2022-01-19
Waiver of right of respondent Kenneth Boone d/b/a Boone Trucking to respond filed.
2021-12-28
Petition for a writ of certiorari filed. (Response due January 31, 2022)

Attorneys

Gemini Insurance Company
Travis L. BourgeoisDegan, Blanchard & Nash, Respondent
Travis L. BourgeoisDegan, Blanchard & Nash, Respondent
Kenneth Boone d/b/a Boone Trucking
Andre C. GaudinBurglass Tankersley, LLC, Respondent
Andre C. GaudinBurglass Tankersley, LLC, Respondent
Khristy Goins Rismiller, et al.
Franklin G. ShawLeger & Shaw, Petitioner
Franklin G. ShawLeger & Shaw, Petitioner
Shelia Smith
Jeremy SosoThe Lambert Firm, PLC, Respondent
Jeremy SosoThe Lambert Firm, PLC, Respondent