The Volokh Conspiracy - Straight Out of a Weird Law School Hypo:

ABC News reports:

[I]dentical Missouri [Raymon and Richard Miller] twins say they were unknowingly having sex with the same woman. And according to the woman's testimony, she had sex with each man on the same day. Within hours of each other.

When the woman in question, Holly Marie Adams, got pregnant, she named Raymon the father, but he contested and demanded a paternity test, bringing his own brother Richard to court.

But a paternity test in this case could not help. The test showed that both brothers have over a 99.9 percent probability of being the daddy — and neither one wants to pay the child support....

[Judge Fred] Copeland, however, notes that as the judge in the case, he does not have to depend solely on DNA evidence and can rule based on the testimony of Adams as well — who believes she can nail down the date of conception to a night spent with Raymon....

Sounds like a case for the DES market-share liability theory. No, not really, just a little law geek humor here.

Thanks to Daniel Schmutter for the pointer.

	[Eugene Volokh, May 21, 2007 at 5:47pm] Trackbacks Straight Out of a Weird Law School Hypo: ABC News reports: [I]dentical Missouri [Raymon and Richard Miller] twins say they were unknowingly having sex with the same woman. And according to the woman's testimony, she had sex with each man on the same day. Within hours of each other. When the woman in question, Holly Marie Adams, got pregnant, she named Raymon the father, but he contested and demanded a paternity test, bringing his own brother Richard to court. But a paternity test in this case could not help. The test showed that both brothers have over a 99.9 percent probability of being the daddy — and neither one wants to pay the child support.... [Judge Fred] Copeland, however, notes that as the judge in the case, he does not have to depend solely on DNA evidence and can rule based on the testimony of Adams as well — who believes she can nail down the date of conception to a night spent with Raymon.... Sounds like a case for the DES market-share liability theory. No, not really, just a little law geek humor here. Thanks to Daniel Schmutter for the pointer.