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Oklahoma Supreme Court sets hearing in bribery case
Legal Business | 2011/08/01 09:02
The Oklahoma Supreme Court has agreed to hear a former state senator's request to dismiss a bribery charge against her and scheduled oral arguments for September.

Former Sen. Debbe Leftwich, D-Oklahoma City, faces bribery charges along with Rep. Randy Terrill, R-Moore. Prosecutors say Terrill offered Leftwich an $80,000-a-year job at the state Medical Examiner's Office in exchange for Leftwich not running for re-election and clearing the way for Republican Rep. Mike Christian of Oklahoma City to run. Christian has not been charged a crime and is expected to be a witness.

Leftwich's attorney, Robert McCampbell, filed a motion to dismiss the charge that maintains Leftwich is exempt from prosecution for alleged wrongdoing in the performance of her professional duties under the speech and debate clause of the Oklahoma Constitution.

The court scheduled oral arguments from her defense, Oklahoma County District Attorney David Prater and attorneys for the Oklahoma Senate for Sept. 13, according to an entry posted Thursday on the Supreme Court's website. The entry also says Leftwich's case is on hold until the court makes a decision.

The Senate's attorneys also will have a chance to express lawmakers' concerns about language in a recent Court of Criminal Appeals decision denying Leftwich's motion to dismiss, the entry said.





Iowa insurers get more time on new health law
Legal Business | 2011/07/24 08:27
Iowa insurance companies have been given more time to comply with a new federal rule designed to curb insurers' profits.

The regulation that went into effect this year calls for insurance companies to spend at least 80 percent of premiums on medical care and quality assurance. For employer plans covering more than 50 people, the requirement is 85 cents. Insurers that fall short of the mark are required to issue their customers a rebate.

The U.S. Department of Health and Human Services told the state on Friday that Iowa insurers will be given have to reach the 80 percent mark by 2013, but will be required to meet interim goals until then, the Des Moines Register reported.

The Iowa Insurance Division had requested extra time to comply with the law, citing fears that insurers would leave the state in droves. Six pulled out of Iowa after the law was passed.

Steve Larsen, director of HHS' Center for Consumer Information and Oversight, said in a letter to the state that implementing the law in Iowa in 2011 could cause turmoil in the insurance market. So, he laid out a timetable for compliance that calls for Iowa insurers to spend 67 percent of premiums on medical care this year, 75 percent in 2012 and 80 percent in 2013.

Iowa insurance commissioner Susan Voss said she wasn't displeased by the decision. The state had sought even more time for companies to comply, but, "I don't think we'll see companies exit as a result of this," Voss said.

Of those particularly hard-hit by the law are insurers who sell individual policies because those premiums are more volatile. Employers or large groups can negotiate for better premiums, and the risk in those plans are spread among the group.

There are 56 insurance companies in Iowa that offer individual policies. Seven of those account for 95 percent of the market, with Wellmark holding onto almost 84 percent. Wellmark spent 92 percent of premiums on care but none of the state's other top insurers met the 80 percent standard in 2010.

Federal regulators said that had the law gone into effect this year, Iowa consumers would have received $6.5 million in rebates over three years.



Biesecker named to NC investigations, court beats
Legal Business | 2011/07/12 09:25
Michael Biesecker, an award-winning reporter and investigative journalist for The News & Observer of Raleigh, has been hired by The Associated Press to cover federal courts, investigations and politics in North Carolina.

Biesecker is a North Carolina native and has spent his 15-year-career in his home state. He worked at the Winston-Salem Journal in a variety of positions including as a columnist and reporter before going to work for The News & Observer in 2003. He has covered the state capital for the newspaper since 2009.

His work probing the failings of North Carolina's mental health care system in 2008 uncovered more than 80 questionable deaths in state mental hospitals. The newspaper's series "Mental Disorder: The Failure of Reform" led to new policies on how state facilities report deaths and monitor care. He has won numerous awards from the North Carolina Press Association, including for general news and for investigative reporting. In 2008, he was part of a team that won an Associated Press Managing Editors Association First Amendment Award for reporting on access to email written by public officials.

The appointment was announced Monday by South Editor Lisa Marie Pane, Chief of Bureau Michelle Williams and Carolinas News Editor Evan Berland.

"Biesecker has some serious reporting chops and we're looking forward to his using those to cover the vitally important federal courts beat and being involved in some important investigative projects," Pane said.



N.Y. governor signs gay marriage into law
Legal Business | 2011/06/24 22:30
Gov. Andrew Cuomo has signed New York's gay marriage bill, starting what is expected to be a crush of gay weddings starting in 30 days.

The Democratic governor signed the measure shortly before midnight Friday, following up on a promise to put his name on the legislation as soon as he received it rather than wait the usual 10 days to sign it for it to become law.

New York lawmakers narrowly voted to legalize same-sex marriage, handing activists a breakthrough victory in the state where the gay rights movement was born.

New York will become the sixth state where gay couples can wed and the biggest by far.

“We are leaders and we join other proud states that recognize our families and the battle will now go on in other states,” said Sen. Thomas Duane, a Democrat.

Gay rights advocates are hoping the vote will galvanize the movement around the country and help it regain momentum after an almost identical bill was defeated here in 2009 and similar measures failed in 2010 in New Jersey and this year in Maryland and Rhode Island.



Court rules against Anna Nicole Smith's estate
Legal Business | 2011/06/22 22:30
The Supreme Court has ruled against the estate of Anna Nicole Smith in its quest to capture some of the $1.6 billion estate left behind by her late Texas billionaire husband.

The high court on Thursday ruled that a bankruptcy court's decision to give the now-deceased Playmate $475 million from the estate of oil tycoon J. Howard Marshall was decided incorrectly.

Smith and Marshall were wed in 1994, and he died the next year.

His will left his estate to his son, E. Pierce Marshall, and nothing to Smith. A California bankruptcy court awarded Smith part of the estate, but the 9th U.S. Circuit Court of Appeal said that a bankruptcy court could not make a decision on an issue outside of bankruptcy law.



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