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Mills v. Reynolds

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eBook details

  • Title: Mills v. Reynolds
  • Author : Supreme Court of the United States
  • Release Date : January 11, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 87 KB

Description

The primary question that must be resolved in this case is whether Wyo. Const. art. 10, § 4 forecloses the legislature from extending the immunity of employers to co-employees acting within the scope of their employment. Stated another way, is the legislature foreclosed by the constitution from eliminating a cause of action that had been earlier recognized in the law? In addition to challenging the authority to eliminate a cause of action, the primary issue also presents a question of interpretation of Wyo. Const. art. 10, § 4. Additional issues are presented by the alternative argument of the respective appellants that the accused statute, § 27-14-104(a), W.S. 1977 (Cum.Supp. 1989) , is contrary to Wyo. - Page 386 Const. art. 1, §Â§ 2, 3, 6, 7, 8, 9, and 34, as well as Wyo. Const. art. 3, § 27. These additional claims of unconstitutionality strike more directly at the authority of the legislature to eliminate a cause of action. The district court, in granting summary judgments in favor of the respective defendants, ruled that § 27-14-104(a), W.S. 1977 (Cum.Supp. 1989), is constitutional, contrary to all of the contentions of the appellants. We agree that the statute is constitutional and affirm the judgment of the district court.


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