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Supreme Court rejects blood transfusion case
Court Watch |
2014/12/04 20:33
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The Supreme Court won't hear an appeal from the estate of a Michigan woman who died following a kidney transplant after turning down a blood transfusion because of her religious beliefs.
The justices on Monday let stand a state appeals court ruling that said the estate of Gwendolyn Rozier could not sue her doctors for negligence.
Rozier received a kidney from her daughter in a 2007 surgery but doctors later found that her body was rejecting the organ. She refused a blood transfusion, in keeping with the beliefs of Jehovah's Witnesses.
Rozier's estate accused the doctors of failing to timely recognize internal bleeding, among other allegations, which would have eliminated the need for a transfusion.
The Michigan appeals court said the transfusion was a necessary medical procedure under the circumstances. |
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Swedish appeals court upholds Assange detention
Court Watch |
2014/11/22 00:09
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A Swedish appeals court has upheld the detention order on Julian Assange, dismissing a challenge by the WikiLeaks founder who is wanted by Swedish prosecutors in an investigation of alleged sex crimes.
The Svea appeals court on Thursday upheld a decision by a lower court saying there is no reason to lift the detention order just because it cannot be enforced at the moment.
Assange has avoided being extradited to Sweden by taking shelter in the Ecuadorean Embassy in London.
Assange has not been formally indicted in Sweden, but he is wanted for questioning by police over allegations of sexual misconduct and rape involving two women he met during a visit to the Scandinavian country in 2010. He denies the allegations. |
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Court weighs role of race in Alabama redistricting
Court Watch |
2014/11/13 23:41
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The Supreme Court wrestled Wednesday with a dispute over the use of race to redraw political districts that turns the usual arguments on their heads.
The complicated case argued at the high court involves the use of a landmark voting rights law that led to the election of African-Americans across the South and Supreme Court decisions that limited the use of race to draw electoral maps.
Only in this case, Republicans in Alabama are invoking the Voting Rights Act to justify concentrating black voters in some legislative districts, and African-Americans challenging the state's legislative maps said the GOP relied too heavily on race.
"Do you realize you are making the argument that the opponents of black plaintiffs used to make here?" Justice Antonin Scalia asked a lawyer for the challengers. Scalia appeared favorable to the state's argument.
Justice Stephen Breyer was more skeptical of the state's claims, but he too found the role reversal curious. "This is an obverse and odd situation," Breyer told Alabama Solicitor General Andrew Brasher.
The outcome could come down to whether the justices think that race was the motivating factor in the state's 2012 redistricting or that Republicans merely tried to maximize their partisan advantage. |
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Court reinstates whistleblower case at nuke site
Court Watch |
2014/11/11 21:15
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An appeals court reinstated a lawsuit filed by a whistleblower at the Hanford Nuclear Reservation who claims he was fired by a subcontractor after raising safety issues at the nation's most polluted nuclear weapons production site.
In its ruling Friday, the 9th U.S. Court of Appeals also said plaintiff Walt Tamosaitis is entitled to a jury trial.
The appeals court ruled that a lower court wrongly dismissed the case against the primary subcontractor on construction of a Hanford vitrification plant intended to deal with the most dangerous wastes, the Tri-City Herald reported.
"We are anxious to get into court as soon as we can," Tamosaitis' attorney, Jack Sheridan said.
Hanford, located near Richland, Washington, for decades made plutonium for nuclear weapons and now contains the nation's largest collection of radioactive wastes.
The lawsuit will continue with only URS Energy and Construction as a defendant. The 9th Circuit ruled that it had been appropriate to dismiss the U.S. Department of Energy from the lawsuit.
It's the first time a court of appeals has confirmed that whistleblowers are entitled to a jury trial, Sheridan said.
"It puts them on equal footing with other victims of discrimination," he said.
Tamosaitis contends the subcontractor removed him as the research and technology manager of the unfinished $12.2 billion vitrification plant project after he said more time was needed to resolve complex technical issues. Construction on the plant has since stopped because of technical and safety issues. |
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