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Appeals court allows Albany hospital merger
Topics in Legal News | 2011/12/11 10:37
A federal appeals court has ruled that Albany's Phoebe Putney Memorial Hospital can buy Palmyra Medical Center.

The Albany Herald reports that the 11th U.S. Circuit Court of Appeals upheld a lower court decision that said the sale was not subject to federal antitrust oversight.

The Federal Trade Commission had appealed the lower court ruling. The commission argued that Phoebe Putney and Hospital Corporation of America, Palmyra's parent company, were using the Hospital Authority of Albany-Dougherty County to conceal their actions from federal scrutiny.

Phoebe Putney CEO Joel Wernick said Friday he's eager to move forward with the consolidation of the two hospitals.

The FTC said in a statement Friday that it is concerned the deal will raise health care costs in Albany and said it is considering its options.


Appeals court blocks cement plant pollution rule
Legal Business | 2011/12/09 13:13
A federal appeals court is blocking an Environmental Protection Agency rule designed to reduce pollution at cement plants.

A three-judge panel of the U.S. Court of Appeals in Washington agreed with cement makers that the EPA did not properly draft the rule governing storage of material used in the manufacturing process. The judges ordered the agency to rewrite the 2010 regulation and urged them to do so quickly.

Other rules affecting pollutants in the cement making process were left in place by the judges.

Congress also had been considering a challenge to the rule. More than 100 lawmakers with plants in their districts pushed the House to pass a bill Oct. 6 that would have forced the EPA to rewrite the measure and give manufacturers years to comply.


Political aide to former Md. governor found guilty
Court News | 2011/12/08 09:17
A political aide to former Maryland Gov. Robert Ehrlich was convicted Tuesday of conspiring to use election-day robocalls in an effort to suppress black voter turnout during the 2010 gubernatorial election.

Paul Schurick was found guilty of all four counts he faced, including conspiracy to influence or attempt to influence a voter's decision whether to go to the polls through the use of fraud and conspiracy to publish campaign material without an authority line. A stoic Schurick comforted his wife in the courtroom after the Baltimore jury's verdict was read, but declined to comment.

His attorney, A. Dwight Pettit, said they will appeal.

Prosecutors argued the calls that went out on the evening of Election Day to about 110,000 voters in Baltimore city and Prince George's County — two jurisdictions with high percentages of black voters — were an effort by the Republican campaign to reduce the number of black Democrats voting in heavily Democratic Maryland.


Blagojevich team says he's guilty, asks for mercy
Legal Business | 2011/12/07 09:16
After all his claims of innocence and facing years in prison, Rod Blagojevich let his lawyers make an admission that he has so far avoided - that he is, in fact, guilty of public corruption.

The former Illinois governor will get a chance to do the same Wednesday, when he is scheduled to address the judge who will decide his sentence.

Judge James Zagel signaled Tuesday he may be prepared to impose a stiff prison sentence, saying he thinks Blagojevich lied when he told jurors he never tried to sell or trade an appointment to President Barack Obama's vacated Senate seat for campaign cash or a top job.

Throughout the first day of his two-day sentencing hearing, the impeached executive-turned-reality TV star known for his jocular personality was somber and ill-at-ease, staring down at the floor. His wife sobbed as a letter from their daughter was read begging Zagel not to send Blagojevich to prison.

The hearing was a stark contrast to the circus atmosphere around Blagojevich's trials on multiple counts of corruption.

The conciliatory tone came as something of a surprise — just days after defense filings that, as many times before, stridently declared Blagojevich's innocence and said he had been duped by aides but never intended to cross any lines into illegality.


ICC seeks information from Libya on Seif al-Islam
Legal Business | 2011/12/06 10:55
International Criminal Court judges want to know from Libyan authorities where Moammar Gadhafi's son and one-time heir apparent is being held and if court officials can visit him, according to a court document released Tuesday.

Libyan authorities announced Nov. 19 that Seif al-Islam Gadhafi had been captured by fighters in the country's remote southern desert. Days later they said they plan to put Seif on trial, despite the Hague-based court having issued an arrest warrant on crimes against humanity charges.

The Hague-based court is now debating its next step and says it wants to hear from Seif himself.

In the document, judges say they want to know from Libya's new rulers "when and where" court officials could meet Seif to ask if he wants a lawyer to represent his interests at the court and "to assess his physical and mental state." It also directly asks Libyan authorities to indicate if they plan to surrender Seif to the ICC for trial.

The document says a person whose identity was not released called court officials last month seeking to have a lawyer appointed to represent Seif at proceedings in The Hague. Judges have so far declined the request as it remains unclear if Seif wants the person appointed.


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