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Court upholds $3M judgment against Gerber Products Co.
Court Watch |
2016/05/29 23:28
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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.
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Hulk Hogan, Gawker back in court in Florida
Court Watch |
2016/05/26 06:17
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A court hearing involving the Hulk Hogan sex tape case is underway in Florida, with Gawker Media asking for a new trial.
Gawker and Hogan faced off Wednesday morning in a St. Petersburg courtroom. It's the latest chapter in a years-long legal fight.
Hogan, whose real name is Terry Bollea, won a $140 million verdict against Gawker in March.
Hogan sued Gawker after it posted a video of him having sex with his then-best friend's wife. The three-week trial was a lurid inside look at the business of celebrity gossip and a debate over newsworthiness versus celebrity privacy.
Earlier this month, Hogan sued Gawker again, saying the gossip website leaked sealed court documents with a transcript that quoted him making racist remarks. |
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Court rejects blocking health warning on sugary drinks ads
Court Watch |
2016/05/22 06:18
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A federal court in Northern California has rejected an effort to block a new San Francisco law that requires health warnings on ads for sugary drinks.
U.S. District Court Judge Edward M. Chen's decision Tuesday clears the way for the law approved by city lawmakers last year to take effect in July.
The ordinance requires the warnings to appear on ads for soda and other sugar-sweetened beverages that appear on billboards, buses, transit shelters, posters and stadiums within the city.
The labels would read: "WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes and tooth decay."
The American Beverage Association and other groups have sued the city to overturn the law. Chen denied their request for an injunction to keep the measure on hold while the case proceeds.
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Kansas Supreme Court reviews lawmakers' school aid changes
Court Watch |
2016/05/10 17:11
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Attorneys for Kansas hope to persuade the state Supreme Court that recent changes in the state's education funding system are fair enough to poor districts that the justices can abandon a threat to shut down public schools.
The high court was set to hear arguments Tuesday on whether the technical changes legislators made earlier this year comply with a February order from the justices to improve funding for poor school districts. The changes leave most districts' aid unchanged and don't boost overall education spending.
Lawyers for four school districts suing the state contend legislators' work shouldn't satisfy the Supreme Court because aid to all poor districts didn't increase. But the state's attorneys have submitted more than 950 pages of documents in an attempt to show that lawmakers' solution was in keeping with past court decisions.
"I'm hopeful the Supreme Court's going to take what the Legislature has done and say it's an appropriate answer," Republican Gov. Sam Brownback told reporters ahead of the arguments.
The Dodge City, Hutchinson, Wichita and Kansas City, Kansas, districts sued the state in 2010, arguing that Kansas spends too little on its schools and unfairly distributes the aid it does provide, more than $4 billion a year.
The court concluded in February that lawmakers hadn't done enough to ensure that poor districts keep up with wealthy ones. The justices ordered lawmakers to fix the problems by June 30 or face having schools shut down.
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Arkansas funeral home pleads guilty over stacked bodies
Court Watch |
2016/04/23 17:14
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The company that owns an Arkansas funeral home where bodies were found stacked on top of each other in unrefrigerated areas pleaded guilty Friday after felony charges were dropped against the father and son who own the business.
Arkansas Funeral Care pleaded guilty in Pulaski County Circuit Court to five felony counts of abuse of a corpse after 13 abuse of corpse charges were dismissed against LeRoy Wood and Rod Wood. The plea agreement finalized days before a trial scheduled for Monday also dropped eight corpse abuse charges against the Jacksonville funeral home.
The company faces up to $100,000 in fines during a sentencing hearing scheduled for May 19.
LeRoy Wood's attorney, Dustin McDaniel, said "none of it was on purpose" and his client "hopes the families of the loved ones who were involved in this know how deeply sad he is that any of this had happened."
"We are at the same time deeply gratified that the state has dropped the charges against them individually," McDaniel said.
The funeral home's license was suspended last year after the state licensing agency investigated complaints by a former employee and found a cooler "filled beyond capacity with bodies" and bodies "stacked on top of each other." Investigators removed 31 bodies and 22 cremated remains from the business. |
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