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Appeals court allows Albany hospital merger
Topics | 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
Law Firm News | 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
Law Center | 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
Law Firm News | 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
Law Firm News | 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.


CARRIER iQ, Inc. Sued in Class Action
Legal Focuses | 2011/12/05 10:13
New York City based Horwitz, Horwitz amp; Paradis, Attorneys at Law and Los Angeles based Kiesel Boucher amp; Larson LLP announced this morning that they have filed a nationwide class action lawsuit against Mountain View, California based CARRIER iQ, Inc. on behalf of a class comprised of all persons and entities who own an electronic device, including but not limited to, smartphones, feature phones, tablets, and electronic-readers (collectively, the Electronic Devices), in which CiQ's Mobile Intelligence software application is installed.

The class action complaint, which was filed in the United States District Court for the Northern District of California, alleges that CiQ manufactures a software application that, unbeknownst to Class members, was embedded into a wide variety of Electronic Devices, including but not limited to, smartphones, feature phones, tablets, and electronic-readers, purchased by Class members over the past six years. Plaintiff further alleges that CiQ utilized its software application to illegally intercept, collect, and share the data and communications sent or received by Class members over their Electronic Devices in which CiQ's software application has been secretly installed for approximately six years.

More specifically, Plaintiff alleges that CiQ's software application enabled CiQ to illegally intercept and monitor all communications that are sent to, and received by, an Electronic Device in which CiQ's software is installed. CiQ's software does so by: (i) intercepting and recording all keystrokes depressed on the Electronic Devices; (ii) intercepting, reading and displaying the actual text of all text messages sent from, or received by, the Electronic Devices; and (iii) intercepting, reading and displaying all Internet browser searches conducted on private Wi-Fi networks

In commenting on the allegations of the Class Action Complaint, Plaintiff's attorney Paul O. Paradis remarked, The vast nature of CiQ's illegal interception activities and the fact that the Company's illegal activities were able to be conducted without detection for nearly 6 years is frightening. In the digital age in which we live, the revelation of CiQ's illegal electronic interception activities is a watershed moment for privacy advocates around the world and serves as an alarming wake up call to all of us who are concerned about protecting the privacy of confidential communications of any type. Attorney Paul Kiesel added, At this juncture of the litigation, it appears that in excess of 140 million class members were victimized by CiQ's illegal interception activities. That fact, in and of itself, is stunning.

Plaintiff alleges that CiQ's illegal interception and data collection and sharing activities violated both the federal Electronic Communications Privacy Act and California's Invasion of Privacy Act, as well as other laws intended to protect Class member's privacy and property interests. Plaintiff seeks statutory damages, restitution, punitive damages on behalf of himself and all Class members, as well as an injunction enjoining Defendant from continuing the illegal practices complained of in the Complaint.

If you have any information concerning practices complained of in the Class Action Complaint or would like further information regarding this nationwide class action, please contact Paul O. Paradis at 212-986-4500 or e-mail at pparadis@hhplawny.com or Paul Kiesel at 310-854-4444 or email at kiesel@kbla.com.

Horwitz, Horwitz amp; Paradis, Attorneys at Law, and Kiesel Boucher amp; Larson, LLP have been retained as two of the law firms to represent the Class. The attorneys at Horwitz, Horwitz amp; Paradis, Attorneys at Law, and Kiesel Boucher amp; Larson, LLP have extensive experience in prosecuting class action cases, and have been appointed as Lead Counsel in numerous major class actions by federal and state courts across the United States and have obtained major recoveries on behalf of injured parties.


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