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Missouri Appeals Court to decide fight over frozen embryos
Top Court Watch | 2016/06/03 13:48
The Missouri Court of Appeals is being asked to decide whether a divorced St. Louis County couple's two frozen embryos are property or human beings with constitutional rights.

Jalesia McQueen, 44, is suing to be able to use the embryos, which have been stored for six years, to have more children. Her ex-husband, Justin Gadberry, 34, doesn't want to have any more children with McQueen and doesn't believe he should be required to reproduce.

The two signed an agreement in 2010 that would give McQueen the embryos if they divorced, but Gadberry sought to prevent that from happening when the pair did split. St. Louis County Family Court Commissioner Victoria McKee ruled in 2015 that the embryos were "marital property" and gave joint custody to the estranged couple, which required McQueen and Gadberry to agree on the embryos' future use.



Police union defends ex-officer in black musician's death
Top Court Watch | 2016/06/02 13:48
The police union defended a former officer charged in the fatal shooting of a legally armed black man, saying they believe the officer identified himself before the confrontation.
 
Former Palm Beach Gardens officer Nouman Raja has been charged with manslaughter and attempted murder in the Oct. 18 death of Corey Jones. Raja's bail was set at $250,000 during his first court appearance Thursday.

Palm Beach County Police Benevolent Association President John Kazanjian said the union believes Raja, who was fired after the shooting, identified himself before confronting Jones on an Interstate 95 ramp before dawn.

Charging documents said Raja, who was investigating a string of auto burglaries, did not identify himself before opening fire. He was driving an unmarked cargo van with no police lights and was in civilian clothes: a tan T-shirt, jeans, sneakers and a baseball cap, the documents said.



Swedish court upholds arrest warrant for Julian Assange
Top Court Watch | 2016/05/30 13:46
A Swedish court on Wednesday rejected a request to overturn the arrest warrant of WikiLeaks founder Julian Assange because there were no new circumstances to consider.

The Stockholm District Court said it made the decision because Assange is still wanted for questioning in a case of suspected rape and that "there is still a risk that he will depart or in some other way evade prosecution or penalty."

The court said it saw no reason to hold another detention hearing saying he would remain "detained in absentia."

Thomas Olsson, Assange's lawyer in Sweden, says he would appeal the decision because "the passivity of the prosecutor had delayed the investigation in an unacceptable" way.

"The prosecutor ought to have arranged for an interview with Mr. Assange at a far earlier stage and she hasn't presented any reasons for not arranging an interview," he told The Associated Press.

Assange, who has been holed up in the Ecuadorean Embassy in London since 2012, is wanted for questioning by Swedish police over rape allegations stemming from his visit to the country in 2010. He denies all the accusations against him made by two women.

He has refused to go back to Sweden for fear of being extradited to the United States because of an investigation into WikiLeaks' dissemination of hundreds of thousands of classified U.S. documents. Last year, a U.S. federal court confirmed there are "active and ongoing" attempts to prosecute him and WikiLeaks in an investigation involving espionage, conspiracy, and computer fraud.



Court upholds $3M judgment against Gerber Products Co.
Top Court Watch | 2016/05/29 13:46
A sharply divided Arkansas Supreme Court on Thursday said a baby food manufacturer must pay more than $3 million to workers for the time they spent dressing and undressing into uniforms and protective gear.

In a 4-3 ruling, the high court upheld a lower court's ruling that Gerber Products Co. should have compensated more than 800 workers at its Fort Smith facility for the time they spent changing into uniforms, donning protective gear such as ear plugs and washing their hands, as well as undressing after their shifts ended. Justices sided with the workers who said Arkansas' Minimum Wage Act required the company to compensate for the activities despite an agreement with the union.

"We hold that the donning and doffing activities constitute compensable work under the AMWA, despite the custom and practice under the collective-bargaining agreement," Justice Karen Baker wrote in the majority opinion.

The ruling drew sharp objections from three justices, who said in a dissenting opinion that because of the decision "the floodgates will open to litigation at the enormous cost to businesses in Arkansas."

"In addition, the majority undermines the collective-bargaining process and destroys any confidence employers and employees have in the enforceability of their agreements," Justice Rhonda Wood wrote.

Gerber had argued the workers' union had agreed to not be paid for the time in a contract that also included larger wage increases for the employees. The company said in a statement it was disappointed with the ruling and was evaluating its options.



Swedish court upholds arrest warrant for Julian Assange
Top Court Watch | 2016/05/25 22:53
A Swedish court on Wednesday rejected a request to overturn the arrest warrant of WikiLeaks founder Julian Assange because there were no new circumstances to consider.

The Stockholm District Court said it made the decision because Assange is still wanted for questioning in a case of suspected rape and that "there is still a risk that he will depart or in some other way evade prosecution or penalty."

The court said it saw no reason to hold another detention hearing saying he would remain "detained in absentia."

Thomas Olsson, Assange's lawyer in Sweden, says he would appeal the decision because "the passivity of the prosecutor had delayed the investigation in an unacceptable" way.

"The prosecutor ought to have arranged for an interview with Mr. Assange at a far earlier stage and she hasn't presented any reasons for not arranging an interview," he told The Associated Press.

Assange, who has been holed up in the Ecuadorean Embassy in London since 2012, is wanted for questioning by Swedish police over rape allegations stemming from his visit to the country in 2010. He denies all the accusations against him made by two women.

He has refused to go back to Sweden for fear of being extradited to the United States because of an investigation into WikiLeaks' dissemination of hundreds of thousands of classified U.S. documents. Last year, a U.S. federal court confirmed there are "active and ongoing" attempts to prosecute him and WikiLeaks in an investigation involving espionage, conspiracy, and computer fraud.




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