- Posted June 02, 2011
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National Roundup

Wisconsin
Appeals court rules for Wis Girl Scouts council
SHEBOYGAN, Wis. (AP) -- A federal appeals court has ruled that a southeastern Wisconsin Girl Scouts council is a franchise and had the right to resist a merger.
The Girl Scouts of Manitou Council challenged a 2004 plan by the national Girl Scouts chartering organization to reduce the number of councils from more than 300 to 112.
The Sheboygan Press reports (http://bit.ly/lwJWkt ) the council serves Sheboygan, Manitowoc, Calumet, Dodge, Fond du Lac and Washington counties.
The appeals court ruled Tuesday the council was in effect a franchisee and ordering it dissolved would violate the state's fair dealership law.
In a statement Wednesday, Girl Scouts of the USA said despite the ruling they believe a "high capacity council model" is the best approach. Spokeswoman Michelle Tomkins couldn't immediately comment whether they planned further legal action.
New Jersey
Mother accused of starving her child due in court
NEWARK, N.J. (AP) -- One of the women charged with child endangerment in the death of a New Jersey girl appeared in court Wednesday.
Myriam Janvier told a judge she understood her rights as he continued her bail at $100,000.
Her roommate, Venette Ovilde of Irvington, is awaiting her court appearance on aggravated manslaughter and child endangerment charges.
Ovilde is accused of starving her 8-year-old daughter to death.
Christiana Glenn died May 22 of an untreated broken leg and malnutrition.
Authorities say Ovilde's two other children were removed from the home and remain hospitalized for treatment of malnutrition and other injuries.
Georgia
State Superior Court judge charged with DUI
AMERICUS, Ga. (AP) -- Sumter County officials say Southwestern Judicial Circuit Chief Superior Court Judge Rucker Smith of Americus was charged with driving under the influence.
Officials say the 57-year-old Smith was pulled over in Leslie on a speeding charge Saturday, and the officer charged Smith with having an open container of alcohol and driving under the influence.
The sheriff's office says Smith posted bond the day of his arrest. The judge said in a statement Wednesday that his attorney had advised him not to comment.
Smith was charged with battery in 2005, when he was accused of pushing and grabbing a woman by the neck while the two were in his home. A Sumter County jury took 90 minutes to determine the judge was not guilty.
Wisconsin
Court upholds sentence at women's prison
MADISON, Wis. (AP) -- A Wisconsin appeals court says a schizophrenic woman doesn't deserve a new prison sentence because mental health care at the state's woman prison is lacking.
A judge in August 2009 sentenced Heather Lee Bender of Racine to 18 months at Taycheedah Correctional Institution after she violated her probation for drug possession and disorderly conduct.
She argues a federal judge released an opinion after she was sentenced detailing deficiencies in mental health treatment at Taycheedah. She argues that amounts to a new factor that warrants resentencing.
The 2nd District Court of Appeals disagreed, ruling problems at Taycheedah have been well-known. The court sympathized with Bender, though, calling the case a rare occasion when "the law is an ass."
Missouri
Court strikes down St. Louis firefighter law
ST. LOUIS (AP) -- A Missouri judge has struck down a state law allowing St. Louis firefighters to live outside the city limits because it infringed on the city's authority to set its own work policies.
St. Louis has long had residency requirements for most of its employees. But the Missouri Legislature passed a bill last year giving firefighters the right to live outside the city as long as they were within an hour of their home fire station. St. Louis officials contended the law infringed on its city charter.
In a ruling made last week that was delivered to city attorneys Tuesday, Cole County Circuit Judge Jon Beetem said the Missouri Constitution protects a city's authority to make residency decisions for its employees.
City staffers told the St. Louis Post-Dispatch that the judge's decision validates a city's right to rule itself.
"We believed all along that there's only one group of people who get to decide the terms of employment of St. Louis firefighters, and that's the voters of St. Louis. They're the only ones who can change the charter," said Jeff Rainford, the chief of staff for St. Louis Mayor Francis Slay.
"Hopefully (the court ruling) will send a message to certain members of the General Assembly that they should butt out of matters that are none of their business," Rainford added.
Chris Molitor, president of the local firefighters union, called the ruling a "disappointment." He said firefighters only wanted "a freedom enjoyed by most Americans," and that he would have to talk to his members before making further decisions.
Molitor said he didn't expect many firefighters to be in trouble with the city. The city had sent letters to fire department staffers a year ago, informing them that it didn't believe the new state law was legal and that anyone who moved out would be subject to disciplinary action, Molitor said. He said he knew of only one firefighter who actually moved out of the city after that.
Washington, D.C.
Medical device firm sues FDA over knee implant
WASHINGTON (AP) -- A small medical device firm whose knee implant triggered a sweeping review at the Food and Drug Administration is suing the agency for trying to revoke approval of its device.
ReGen Biologics filed a lawsuit in the U.S. District Court for the District of Columbia against the FDA, saying its plan to rescind approval of the device is "arbitrary and capricious."
The FDA approved ReGen's Menaflex knee repair device in 2008, despite protests by FDA scientists that it provided little, if any, benefit to patients.
When Obama-appointed officials reviewed the decision last year, they concluded that the device should not have been approved. They said the agency's review was influenced by outside pressure, including lobbying by lawmakers from the company's home state of New Jersey.
Published: Thu, Jun 2, 2011
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