United States v. Leta Moore

The majority opinion with an eager and commendable desire to achieve symmetry in the law fails to grasp the essentials of the principle behind the law of Maine 1 as expressed in Bedell v. Rea*795gan, 159 Me. 292, 192 A.2d 24 (1963). Not only does the majority opinion fail to grasp the essential principle but also goes so far as to create a common law tort for the law of Maine, and a federal common law tort as well under the Medical Care Recovery Act, 42 U.S.C., § 2651, et seq.2

*796I.

The Present Existing Barrier of Absolute Disability Preventing One Spouse from Suing the Other and Children from Suing…