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leGal street news Circulated Weekly To Cities In Florida

Volume 731 Issue 27

Established 1998

July 2, 2012

in the news this week V o t e r s Voters will haVe final say on health care law

w i l l h aV e f i n a l s ay o n h e a lt h C a r e

republican congressional leaders said sunday that voters - not the supreme court - will have the final word on President Barack obama's health care law come november. Page 1

Miss. May Be only state without aBortion clinic Mississippi could soon become the only state without an abortion clinic because of a new law taking effect this weekend. Page 2

islaMist Morsi is sworn in as egyPt's President islamist Mohammed Morsi promised a "new egypt" and unwavering support to the powerful military as he took the oath of office saturday to become the country's first freely elected president, . Page 3

florida accident statistics accident statistics from florida department of highway safety and Motor Vehicles Page 4

florida accident rePorts this weeks accident reports from Various countys in florida. Page 5

surge in Violence sPurs new fears in iraq a half year after the u.s. military left iraq, dire predictions seem to be coming true: the country is mired in violence and the government is on the verge of collapsing. Page 6

eMi half sold as sony closes $2.2B PuBlishing deal a group led by sony corp. said friday it has purchased Britain's eMi Music Publishing for $2.2 billion from citigroup, creating the world's largest music copyrights company. Page 8

fda Panel sees little use for Metal-onMetal hiPs government health experts said thursday there are few reasons to continue using metal-onmetal hip implants, amid growing evidence that the devices can break down early and expose patients to dangerous metallic particles. Page 8-

washington (aP) -- republican congressional leaders said sunday that voters - not the supreme court - will have the final word on President Barack obama's health care law come november. and they are betting that the law's unpopularity will be enough to drive democrats from power.

policy they have to buy, and how much they have to pay for it, and if you don't like it we're going to tax you."

the white house's response? Bring it on.

"this is a penalty on free riders," said sen. chuck schumer, d-n.y.

"we've got one last chance here to beat obamacare, and we can do that in the november election," said senate Minority leader Mitch Mcconnell, calling the law the "single worst piece of legislation" passed in modern times. white house chief of staff Jack lew countered that he believes most americans want to put the health care debate to rest. "i actually think the american people want us to focus on the economy, on creating jobs and moving forward," said lew. republicans and democrats have been wrangling for the upper hand in the health care debate since last week's supreme court ruling upholding the law's mandate that individuals buy health insurance or face a penalty. chief Justice John roberts, a conservative, provided the pivotal vote in that decision by ruling that the penalty was legal under the government's taxing authority. while technically handing a political victory to obama, roberts' ruling invigorated republicans eager to cast the law as a new tax. "the american people do not want to go down this path," said house Majority leader John Boehner, r-ohio. "they do not want the government telling them what kind of insurance

democrats refute the characterization of the law. lew said the mandate would impact only 1 percent of americans - those who can afford health insurance but refuse to buy it.

yet public opposition to the health care law remains high. forty-seven percent of respondents in a recent associated Press-gfK poll said they oppose the law while 33 percent said they support it. however, much of the polling does find strong support for individual elements, like allowing young adults to remain on their parents' plan to age 26. some democrats see that as an opening to reframe the debate. republicans say they believe last week's ruling by the high court gives them fresh ammunition to attack obama - and the democrats who support him - in the upcoming election because of the health care bill's connection to jobs. the goP says the law puts onerous mandates on industry that could stifle job creation. "i think it's intertwined with the economy, and i think it's an example where washington doesn't get it," said sen. tom coburn, r-okla., of the health care bill. house Minority leader nancy Pelosi said sunday that republicans, including Mitt romney, are "being the mouthpiece of the health care industry" and that the bill will actually improve the economy.

Continued on page 7


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By LOLITA C. BALDOR Associated Press JacKson, Miss. (aP) -- Mississippi could soon become the only state without an abortion clinic because of a new law taking effect this weekend. critics say the law would force women to drive hours across the state line to obtain a constitutionally protected procedure, or could even force some to carry unwanted pregnancies to term. top officials, including the governor, say limiting the number of abortions is exactly what they have in mind. republican gov. Phil Bryant frequently says he wants Mississippi to be "abortion-free." "if it closes that clinic, then so be it," Bryant said as in april as he signed the law, which takes effect sunday. abortion rights supporters have sued, asking a judge to temporarily block the law from taking effect. so far, that hasn't happened. the law requires anyone performing abortions at the state's only clinic to be an oB-gyn with privileges to admit patients to a local hospital. such privileges can be difficult to obtain, and the clinic contends the mandate is designed to put it out of business. a clinic spokeswoman, Betty thompson, has said the two physicians

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who do abortions there are oB-gyns who travel from other states. Michelle Movahed of the new york-based center for reproductive rights is one of the attorneys representing the Mississippi clinic in its federal lawsuit. she said in an interview friday that several states - including Mississippi, Kansas and oklahoma - have tried in the past two or three years to chip away at access to abortion. "one of the things that has really been surprising about Mississippi is how open the legislators and elected officials have been about their intentions," Movahed said. "they're not even pretending it's about public safety. they're openly saying they're using this law to try to shut down the last abortion provider in the state." the lawsuit by the clinic, Jackson women's health organization, notes that republican lt. gov. tate reeves says on his website that the new abortion law "not only protects the health of the mother but should close the only abortion clinic in Mississippi." religious-affiliated hospitals might not grant admitting privileges to those who perform elective abortions, while other hospitals might not grant them to out-of-state physicians who travel to Jackson to work at the clinic. as of friday, the final business day before the new law kicks in sunday, physicians working at the clinic had applied for the admitting privileges but hadn't received them. the clinic says in the lawsuit that the admitting privileges are not medically necessary. it says complications from abortion are rare, and it notes that under previous state law, it already had an agreement with a Jackson physician who didn't do abortions but has admitting privileges and would help any clinic patient, if needed. Bryant and legislators who pushed the new law said they believe it will be safer for a woman

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i s l a M i s t M o r s i i s s w o r n i n a s e G y p t ' s p r e s i d e n t tion. saturday's swearing-in also marked a personal triumph for Morsi, who was not the Brotherhood's first choice as president and was only thrown into the race when the group's original candidate, chief strategist and financier Khairat el-shater, was disqualified over aMubarak-era criminal conviction. derided as the Brotherhood's uncharismatic "spare tire," his personal prestige has surged since his victory, and received another boost friday after he delivered a speech in tahrir square in which he tried to present him as a candidate of not just islamists but of all those who want to complete the work of the 2011 uprising against the authoritarian Mubarak.

HAMZA HENDAWI Associated Press cairo (aP) -- islamist Mohammed Morsi promised a "new egypt" and unwavering support to the powerful military as he took the oath of office saturday to become the country's first freely elected president, succeeding hosni Mubarak who was ousted 16 months ago. in a solemn inauguration ceremony before the supreme constitutional court, Morsi also became the arab world's first freely elected islamist president and egypt's fifth head of state since the overthrow of the monarchy some 60 years ago. "we aspire to a better tomorrow, a new egypt and a second republic," Morsi said before the black-robed judges in the court's nile-side headquarters built to resemble an ancient egyptian temple.

a substitute for the popular will and the elected institutions will now return to carry out their duties as the glorious egyptian army returns to being devoted to its mission of defending the nation's borders and security," he said. Military ruler field Marshal hussein tantawi was in attendance along with other generals from the ruling council. his arrival at the hall was greeted by chants of "the army and the people are one hand." he and gen. sami anan, the powerful chief of staff, wore a blank face throughout Morsi's address, occasionally offering support to Morsi with a polite clap of their hands. later at a military ceremony held at a base east of cairo, tantawi and anan saluted Morsi as he arrived and awarded him the "shield of the armed forces" - the egyptian military's highest honor. Morsi also received a 21-gun salute before he and tantawi addressed the ceremony.

"today, the egyptian people laid the foundation of a new life - absolute freedom, a genuine democracy and stability," said Morsi, a 60year-old u.s.-trained engineer from the Muslim Brotherhood, a fundamentalist group that has spent most of the 84 years since its inception as an outlawed organization harshly targeted by successive governments.

Morsi used his cairo university address to send an implicit message of reassurance to israel, while also pledging support for the "legitimate rights" of the Palestinians.

he later delivered his inauguration address at a gigantic cairo university lecture hall packed with several thousands, including many members of the islamist-dominated parliament dissolved by the military earlier in June.

relations between the two neighbors have become particularly tense since last year's overthrow of Mubarak, who had forged close ties with the Jewish state during his 29-year rule. the rise to power of egyptian islamists has been a source of alarm among many israelis.

Morsi repeated his oath of office and lavishly praised the military, which has rushed a series of decrees this month that stripped Morsi of significant powers, gave it legislative power and took control of the process of drafting a permanent constitution. it has also retained its influence on key domestic and foreign policy issues. "the armed forces are the shield and sword of the nation," he said. "i pledge before god that i will safeguard that institution, soldiers and commanders, raise its prestige and support it with all the powers available to me so it can be stronger." But Morsi also appeared later in the address to urge the military to hand over all powers to his elected administration. "the (ruling) supreme council of the armed forces has honored its promise not to be

he said his administration would continue to honor its international treaties - a thinly veiled reference to the 1979 egyptian-israeli peace treaty.

hundreds of soldiers and policemen guarded the supreme constitutional court building as Morsi arrived shortly after 11 a.m. local time (0900 gMt) in a small motorcade to take the oath of office. only several hundred supporters gathered outside the court to cheer the new president and, in a departure from the presidential pomp of the Mubarak era, traffic was only briefly halted to allow Morsi's motorcade through on the usually busy road linking the city center with its southern suburbs. in another sign of the change of style, Morsi began his address at cairo university with an apology to students whose final exams had to be postponed to allow the ceremony to be held at the main campus. he was given an official welcome at the university with a military band playing the national anthem as he stood at atten-

"egypt today is a civil, national, constitutional and modern state," Morsi, wearing a blue business suit and a red tie, told the judges in the wood-paneled chamber where he took the oath of office. "it is a strong nation because of its people and the beliefs of its sons and its institutions." Morsi took a symbolic oath friday in tahrir square, the birthplace of the uprising that ended Mubarak's authoritarian rule last year, and vowed to reclaim presidential powers stripped from his office by the military council that took over from the ousted leader. Morsi's speech friday in tahrir square was filled with dramatic populist gestures. the 60year-old president-elect staked a claim to the legacy of the uprising and voiced his determination to win back the powers stripped from his office by the generals. addressing a crowd that repeatedly shouted, "we love you Morsi!" he began his speech by joining them in chanting, "revolutionaries and free, we will continue the journey." later he opened his jacket wide to show that he was not wearing a bullet-proof vest. "everybody is hearing me now. the government ... the military and the police. ... no power above this power," he told the crowd. "i reaffirm to you i will not give up any of the president's authorities. i can't afford to do this. i don't have that right." But by agreeing to take the official oath before the court, rather than before parliament as is customary, he bowed to the military's will in an indication that the contest for power will continue. the generals dissolved the islamist-packed legislature after the same supreme constitutional court that swore him in saturday ruled that a third of its members were elected illegally. the military has also declared itself the legislative power. it gave itself control over the drafting of a new constitution, sidelining Morsi's Muslim Brotherhood, which had sought to influence the process by packing the drafting panel with islamists. the generals also created a national security council to formulate key domestic and foreign policies. Military officers outnumber civilians sitting on the council by about two-toone, and decisions are made by a simple majority.


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Legal Street News Monday July 2, 2012 ___________________________________________________________

f l o r i d a

a C C i d e n t

s t a t i s t i C s

Data From the Official Website of the Florida Department of Highway Safety and Motor Vehicles. www.flhsmv.gov


this w eeK

__________________________________________Legal Street News

auto aCCidents

Monday, July 2, 2012

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in south florida

Delray Beach man identified as victim in Saturday crash

PBSO deputy hurt in crash on I-95 through Boynton Beach

Eight-car pile-up shuts down I-95 in Hollywood early Saturday

June 25, 2012

June 26, 2012

June 28, 2012

The driver who was critically injured in a crash Saturday in suburban Delray Beach has been identified as a 49-year-old Delray Beach man, the Palm Beach County Sheriff's Office said.

BOYNTON BEACH— A Palm Beach County Sheriff's Office deputy was injures Tuesday after his unmarked patrol car was hit by a pick-up truck on Interstate 95, according to Florida Highway Patrol Lt. Tim Frith. Trooper Michael John Taylor, 56, was writing a report while sitting in the emergency lane south of Woolbright Road, when the driver of a pick-up truck hit him, Frith said.

Interstate 95 was briefly shutdown early Saturday following an accident involving a semitrailer truck that spun off several crashes involving a total of eight cars in Hollywood, the Florida Highway Patrol reported.

The driver was taken to Delray Medical Center after the accident, which happened around 5:30 p.m. The driver was driving his 2006 Lexus southbound on Hagen Ranch Road when he ran a stop sign at Atlantic Avenue. The front end of the Lexus struck a guard rail, the sheriff's office said. The car crashed through the rain and into the canal. Patton was not wearing a seat belt when the car crashed, the sheriff's office said. Neither drugs nor alcohol appear to have been a cause of the crash

4 killed in I-95 crash in

The driver of the 1998 Ford Ranger pick-up truck, identified as Garret Allen Taylor, 42, of West Palm Beach, failed to notice the cars in front of him slowing down in response to flashing lights, Frith said. Taylor veered to the left to avoid hitting the car in front of him, striking the concrete barrier wall at high speed and bouncing across the highway toward the deputy's 2008 Dodge Charger in the emergency lane, authorities said. The truck struck the deputy's cruiser and then flipped over. Both men were taken to Delray Medical Center with serious injuries, Frith said.

The first crash occurred shortly after 6:30 a.m. on the northbound lanes of I-95 at Pembroke Road and included a vehicle that collided against a wall and then hit a tractor-trailer, according to Florida Highway Patrol Sgt. Mark Wysocky. A driver traveling toward that crash could not slow down and pushed the car involved in the initial crash into the path of two other vehicles, sparking a multivehicle pile-up. Four people were transported to Memorial Regional Hospital with injuries that were not life-threatening, Wysocky said.

Crash snarls northbound I-95 in south Broward

June 25, 2012 PALM CITY -- Four people were killed when a wrong-way driver slammed head-on into a pick-up truck on I-95 in Martin County, according to the Florida Highway Patrol.

3 dead in passenger van accident June 26, 2012

The crash happened just north of southwest Martin Highway near mile marker 110 in the northbound lanes of the interstate in Palm City.

A Lake Mary doctor was arrested on hit-and-run charges after he hit a motorcyclist in Volusia County and then left the scene, authorities said.

After the collision the vehicles became stuck together and caught fire.

The Florida Highway Patrol said Dr. Kevin Wynne hit 50-year-old Sabra Vocaturo with his SUV in February on State Road 415 and never stopped to help. Vocaturo was thrown from her bike into oncoming traffic.

Troopers say they believe all the victims were sitting side-by-side in the pickup. They say the other vehicle was headed the wrong way, southbound in the northbound lanes. Investigators are trying to determine if they had traveled the wrong way from St. Lucie County into Martin County. A witness pulled the driver from the wreckage. The driver was flown to Lawnwood Medical Center for treatment. FHP is trying to determine exactly who died in the crash.

June 28, 2012 The Broward Sheriff's Office advises that three lanes are back open on northbound Interstate 95 at Pembroke Road, but two right lanes still blocked. According to the Florida Department of Transportation, a traffic crash involved a tractor trailer and was reported shortly after 6:30 a.m. The agency reports that traffic is backed up to Hallandale Beach Boulevard. Motorists who want to avoid delays can use Federal Highway to the east or State Road 7 to the west.

Authorities said two drivers ran over Vocaturo. They stopped to help but told officers there was nothing they could do. Wynne was arrested at his Heathrow home on Thursday by the Florida Highway Patrol. His lawyer contacted FHP the day after the crash, telling them where to find Wynne's Infiniti SUV, which had a part missing. Wynne is being held in the Seminole County jail with bail set at $50,000.

"Unfortunately the victims, the people who were going the right way northbound.. we're not exactly sure how many people in the vehicle because they are, it's crushed and they're totally burned up so we're waiting for the Tri-County people to come out and take it apart and determine exactly who is in the vehicle," said a trooper on the scene. The Florida Highway Patrol is investigating whether the driver of the vehicle going the wrong way was drinking.

Davie Driver Dies in I-95 Crash: FHP

www.veteransvoice.org

June25, 2012

Questions About Your Accident Report

A Davie man was killed on Interstate 95 Saturday morning after he lost control of his car and overturned, the Florida Highway Patrol said. Anthony Frank Madias, 26, was pronounced dead at the scene, officials said. He was driving northbound on I-95 South around SW 10th Street in a 1998 Mercury Mountaineer, FHP said. The cause of the accident remains under investigation.

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s u r G e i n V i o l e n C e n e w f e a r s i n

Baghdad (aP) -- a half year after the u.s. military left iraq, dire predictions seem to be coming true: the country is mired in violence and the government is on the verge of collapsing. with no relief in sight, there's growing talk of iraq as a failed state as al-qaida's local wing staged near daily attacks that killed at least 234 people in June. iraq no longer suffers widespread retaliatory killings between sunni and shiite extremists that brought the country to the brink of civil war. But the spike in violence heightens fears that iraq could limp along for years as an unstable and dangerous country. June was the second-deadliest month since u.s. troops withdrew from iraq in middecember as insurgents exploited the political struggles between the country's ethnic and sectarian factions. More significant than the numbers was the fact that insurgents appeared able to sustain the level of violence over a longer period than usual. there was a major deadly bombing or shooting rampage almost every three days, many targeting shiite pilgrims. the violence has brought the weakness of iraq's security apparatus into sharp focus even as deepening political divisions dim the prospects that the country will emerge as a stable democracy after decades of war and dictatorship. "the state is almost paralyzed and dysfunctional due to political feuds. in such circumstances, the security forces also will be paralyzed and the insurgents groups are making use of this chaos," haider al-saadi, the shiite owner of internet cafe in eastern Baghdad, said saturday. "i do not think that al-qaida is getting any stronger - it is the state that is getting weaker." the situation deteriorated shortly after american troops left iraq on dec. 18, following failed negotiations to stay beyond a year-end withdrawal deadline that was cemented in a 2008 security agreement. the next day Prime Minister nouri alMaliki's government issued terror charges against Vice President tariq al-hashemi, one of iraq's highest-ranking sunnis, who fled Baghdad and remains on the lam. sunni lawmakers briefly boycotted parliament and alMaliki's cabinet in protest. By spring, leaders of the self-ruled Kurdish northern region joined

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the sunni-dominated iraqiya political coalition against al-Maliki, whom they accused of refusing to share power. and last week, in the first major defection by an influential shiite leader, anti-american cleric Muqtada al-sadr said he would direct his followers to join efforts to oust al-Maliki if a power-sharing agreement is not reached. al-Maliki, who won a second term in 2010, followed with a threat to call for early elections that would dissolve parliament if government infighting does not stop. in calling for an early election, al-Maliki is betting he would win with enough widespread support to gain undisputed power. his political coalition fell short of winning the most seats in parliament in 2010 elections and back-room dealing among political parties delayed a new government from taking over for nine months. government spokesman ali al-dabbagh agreed saturday that the political crisis has fueled June's violent surge. "the insurgents are making use of the political differences in the country, and the recent attacks are the result of this political strife," aldabbagh said. Violence has been steady across iraq so far this year, but the levels of attacks in June soared beyond the occasional, if spectacular, wave of bombings that is al- qaida's usual pattern. Victims mostly have been shiite pilgrims, government officials and security forces - three of al-qaida's favorite targets. al-qaida front group the islamic state of iraq claimed responsibility for a June 13 wave of nearly two dozen bombings nationwide that killed 72 iraqis. the coordination, sophistication and targets of several other attacks also bore the hallmarks of the terror network. iraqi and u.s. intelligence officials long have said that al-qaida's resources in iraq including money, weapons and a stable of suicide bombers - have dwindled to the point where the insurgent group can only carry off a few attacks each month. Many experts believe the turmoil in neighboring syria is stoking the violence, saying the success of the sunni-led opposition against President Bashar assad's regime is emboldening iraqi sunnis to attack government targets. "as the edifice in syria weakens, the more space for violence is going spill over to the sunni areas in iraq," said Kamran Bokhari, a canadian-based expert on Mideast issues for the global intelligence company statfor. some analysts believe iraq is turning into a failed state. this month, the u.s.-based fund for Peace ranked iraq no. 9 on its annual top ten list of failed states worldwide. the nonpartisan research group ranked 178 nations and blamed the persistent security problems in iraq

If You Hve It Give Some Back

s p u r s i r a q

on the inability to overcome long-standing ethnic and sectarian tensions. despite the continued bombings and other attacks, iraqis have not returned to the sectarian warfare that killed tens of thousands of people as violence peaked in 2006-2007. shiite militias have shown restraint even as a spate of bombings targeted shiite pilgrims, shrines and government leaders. and as al-sadr, an anti-u.s. cleric whose militias were responsible for some of the bloodiest attacks of the war, seeks to secure his status as a major political player in iraq, it's doubtful he will unleash his followers in widespread violence that would undermine his credibility across the mostly-sunni arab world. even al-Maliki's opponents speak only of ousting him in a parliamentary vote, not by force. "People now know that violence will breed violence and sectarian killings will lead to more counter-sectarian killings," said omar alJubouri, a sunni lawmaker from the iraqiya bloc. underscoring the continued dangers, however, the month ended with a pair of bombings saturday in the northern, sunni-dominated nivevah province, killing two soldiers on separate security patrols, local officials said. Many iraqis lament the withdrawal of u.s. forces, saying it was premature. "the u.s. pullout was a mistake because the country is still in need for their intelligence and military capabilities," said Mohammed salam, a sunni government employee in Baghdad. "the iraqi government should have kept some several thousands of u.s. troops in order to help iraq forces maintain a reasonable level of security." the international community spent billions of dollars to stabilize iraq since the 2003 u.s.led invasion that ousted saddam hussein. nearly 4,500 u.s. troops were killed during the war. But the u.s. currently has limited influence in Baghdad: a June 14 statement by the top national security adviser to Vice President Joe Biden that urged iraqi officials to "alleviate current tensions in order to refocus energy on critical state-building challenges" produced few, if any, signs of progress. nor do most iraqis expect any. "i think iraq will see worse days in the future if the politicians continue their destructive feuds and keep following their personal ambitions," salam said.

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Continued from page 2 who develops complications if the same doctor who does an abortion at a clinic can accompany her to a hospital rather than handing her case over to another physician. state attorneys defending the law said in court documents that "the immediate concern that the clinic may be closed on July 1 is illfounded." they cited administrative procedures the state health department uses in activating new laws. health department inspectors intend to examine the clinic Monday to see if it is complying with the new law, a department spokeswoman said. if the clinic is not in compliance which the clinic itself acknowledges will likely be the case - it would have 10 days to file a plan to correct its shortcomings. then, an administrative hearing would be held at least 30 days later, and there could be an unspecified time allowed for an appeal. the Jackson clinic sits a few miles north of the state capitol, in a trendy neighborhood with upscale restaurants and vintage clothing stores. the nondescript building, with fading mauve paint, sits on a small hill on one of Jackson's busiest streets. a black vinyl tarp is attached to the fence leading from a parking lot to the patients' entrance, blocking most of the view from a public sidewalk where people gather several times a week to pray and protest. outside the clinic one day last week, at least a dozen people from a local nazarene church sang hymns, read aloud from the Bible and prayed for an end to abortion. among them was 51-year-old Patricia frazier, who lives in the Jackson suburb of clinton. looking through an opening in the black tarp, frazier spoke to a man who was standing by the clinic entrance. he had brought a woman to there for the counseling that state law requires at least 24 hours before an abortion can be done. "you need me to help you with your friend?" frazier asked over the fence. the man, 30-year-old girard shirley of Jacson, smiled and slowly shook his head. "nah," shirley said. "to be honest with you, i don't even know if the baby's mine, anyway." frazier showed shirley a brown rubber model of a fetus at about 12 weeks' development - about the length of a grown woman's index finger. shirley said he'd never given much thought to how that might look. "let her know we're here to help her - her

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and her baby," frazier said. shirley listened and said, "yeah, i'll talk to her." "this is all about money. they want your money," frazier said, nodding toward the clinic. "this help is free." in an interview moments later, away from the people who were praying, shirley said he had driven his friend to the clinic because she needed help and he needed gasoline money. would he be willing to drive her out of state for an abortion if there were no clinic in Mississippi? "i probably would take her," he said. he paused, then added: "no, i wouldn't. i got bad tires and stuff." two days later, shirley said the woman he had driven to the clinic had stuck with her decision to have an abortion. the state health department website shows 2,297 abortions, listed as "induced terminations," were performed in Mississippi in 2010, the most recent year for which statistics were available. the vast majority of those - 2,251 were performed on Mississippi residents. the site does not specify how many were done at the clinic and how many in other offices or hospitals.\ Mississippi physicians who perform fewer than 10 abortions a month can avoid having their offices regulated as an abortion clinic, and thus avoid restrictions in the new law. the health department said it doesn't have a record of how many physicians perform fewer than 10 abortions a month. clinic operators say almost all the abortions in the state are done in their building. the clinic says if it closes, most women would have to go out of state to terminate a pregnancy - something that could create financial problems for people in one of the poorest states in the nation. from Jackson, it's about a 200-mile drive to clinics in new orleans; Mobile, ala.; or Memphis, tenn.

Wo rld Bank Cancels $ 1 . 2 B i l l i o n Bangladesh loan DHAKA, Bangladesh (AP) -- The World Bank has canceled a $1.2 billion loan for construction of a bridge in Bangladesh, saying it has credible evidence of corruption involving a Canadian engineering company. The global lending agency said it did not receive a satisfactory response from the Bangladesh government after it raised the issue of corruption last year.

7

Continued from page 1

obaMaCare "the costs were unsustainable," she said of the current health care system. "it's a competitiveness issue for business and for our economy. so we had to (come) to a place where we lowered costs to all concerned, and that we again take it down a path where we continue to lower costs." if given control of the senate next year, Mcconnell said he would support using budget reconciliation rules to repeal the health care law. doing so would prohibit senate filibusters and require only 51 votes to succeed. in 2010, republicans lambasted democrats for relying on these rules to pass the health care bill, calling their tactics unusual and hyperpartisan. Mcconnell said he'll do whatever it takes to repeal the law. "i'm confident they're going to give us the votes to repeal it," he said of the american public. the house is scheduled to vote to overturn the law on July 9. the vote will largely be symbolic since the democrats control the senate. But it will put lawmakers on record for the upcoming political campaign. Mcconnell and lew spoke on "fox news sunday." Boehner, schumer and coburn spoke on cBs' "face the nation." Pelosi spoke on nBc's "Meet the Press." investigation is complete," he told reporters Saturday. The bank said it earlier sent a team to Dhaka to explain its position and receive the government's response. "The response has been unsatisfactory," it said. The bank "cannot, should not, and will not turn a blind eye to evidence of corruption," it said. Montreal-based SNC-Lavalin, one of the world's largest engineering and construction companies, has acknowledged making improper payments to agents to win contracts on two projects. An internal probe resulted in the resignation of its CEO and two other senior executives. The company's headquarters was searched by Canadian national police in April.

It said in a statement Friday that it has evidence pointing to "a high-level corruption conspiracy" among Bangladesh government officials, executives of Canadian engineering and construction giant SNCLavalin, and private individuals in connection with the planned 6.5-kilometer (4-mile) Padma Multipurpose Bridge Project.

Bangladesh has been rated one of the world's most corrupt nations by Berlinbased Transparency International.

Bangladesh Communications Minister Obaidul Quader called the World Bank's decision regrettable because the government's Anti-Corruption Commission was still investigating the allegations.

Funding also was expected from the Asian Development Bank, the Japan International Cooperation Agency and the Islamic Development Bank.

"Such a decision is unfortunate before the

The World Bank loan, signed In April last year, was part of a funding package for construction of the $2.9 billion bridge, slated to be the country's longest.

The World Bank first brought the corruption allegations in October last year.


8

Legal Street News Monday, July 2, 2012 ___________________________________________________________

eMi half sold as sony Closes $ 2 . 2 b p u b l i s h i n G d e a l universal Music Publishing group, dyson said. the next largest is warner Music group corp.'s warner chappell with 14.1 percent. all independent music publishers combined have a 32.6 percent share. dyson said sony/atV will have increased leverage in setting licensing rates for new digital music startups if it chooses to bypass royalty collection societies like the american society of composers, authors and Publishers in the u.s. But he acknowledged that would require a major shift in how most business is conducted. "if you're a big publisher with a 10 percent lead, you're going to have a big say in what licensing rates are," dyson said.

By RYAN NAKASHIMA AP Business Writer los angeles (aP) -- a group led by sony corp. said friday it has purchased Britain's eMi Music Publishing for $2.2 billion from citigroup, creating the world's largest music copyrights company with a catalog that includes hits from Motown, the Beatles, Jay-Z and norah Jones. now all that remains of the storied British label group is its recorded music division, which Vivendi's universal Music group has offered to buy for $1.9 billion. that deal is being looked at by european and u.s. regulators. if they approve some time later this year, the world's major music companies will be reduced from four to three. recorded music companies have argued that they need to combine resources to survive in an industry crippled by piracy, as the legitimate digital distribution of music is still in its infancy around the globe. But publishing has remained a steady business over the years, despite the onslaught of the internet and the ongoing decline of compact disc sales, because of its diverse revenue sources. and by acquiring eMi, sony/atV, a 50-50 joint venture between sony and the Michael Jackson estate, will control just over 2 million copyrighted songs. the new entity is estimated to capture nearly a third of publishing revenue in the world. size wouldn't necessarily give the company the ability to use its dominance to boost licensing revenue, sony/atV argued, because licensing rates are closely controlled by laws in various countries.

friday's clearance by the u.s. federal trade commission means that regulators agreed the new entity would not have the market power to raise rates on its own or coordinate such a move with others, which could have affected the price of songs. the ftc's conclusion of its investigation without objections was the final hurdle before the deal's closing was announced later in the day. "we've gone over the rainbow and hit the pot of gold," said sony/atV ceo Marty Bandier, adapting a lyric from "the wizard of oz" song "over the rainbow," which is part of the eMi catalog. Bandier ran eMi's publishing division for 17 years. last year, publishing companies generated about $3.9 billion in revenue, relatively unchanged over the last several years, according to simon dyson, editor of Music & copyright, an industry newsletter. Publishing's revenues have held up better than the recording side because there are more streams of revenue that aren't tied to declining sales of compact discs. Publishers and songwriters share a cut of about 8 to 9 cents for every 99-cent download purchased from online retailers like apple inc.'s itunes. But they also make money from radio airplay, free online streaming and the placement of songs in movies, tV shows and commercials. sony/atV's 11.7 percent share and eMi's 19.3 percent share means the combined entity will now control about 31 percent of the global market for music copyrights, leapfrogging past the 22.2 percent share of

fostering fair competition in the digital landscape was one of the concerns of regulators, according to sony/atV's Bandier. the company argued that even if there were still four major music publishers, new digital entrants like streaming music services spotify or songza would need to go to all of them to start up any business that has a chance to survive. it would need eMi's songs by Kanye west and rihanna as much as it would need sony/atV's Beatles, lady gaga and taylor swift, Bandier said. "it didn't make a difference if you'd put them together or separate, you'd still have to make a deal if you were a digital service that was just starting," Bandier said in an interview. "we had to convince all of the regulators that that was the case. we're happy we're past that. we never felt it would be an issue." the transaction was cleared by eu regulators in april. that came after sony/atV offered the concession that it would sell the publishing rights to several catalogs as well as the works of 12 artists including ozzy osbourne, robbie williams, and Ben harper. Besides sony, the buyers of eMi Music Publishing include the Michael Jackson estate and several investment funds including united arab emirates governmentbacked fund Mubadala development co. citigroup seized eMi from private equity firm terra firma in february 2011 after terra firma defaulted on $5.5 billion in debt stemming from its 2007 purchase of the music company.

fda panel sees little use for Metal-on-Metal hips WASHINGTON (AP) -- Government health experts said Thursday there are few reasons to continue using metal-on-metal hip implants, amid growing evidence that the devices can break down early and expose patients to dangerous metallic particles. The Food and Drug Administration asked its 18-member panel to recommend guidelines for monitoring more than a half-million U.S. patients with metal hip replacements. The devices were originally marketed as a longerlasting alternative to older ceramic and plastic models. But recent data from the U.K. and other foreign countries suggests they are more likely to deteriorate, exposing patients to higher levels of cobalt, chromium and other metals. While the FDA has not raised the possibility of removing the devices from the market, most panelists said there were few, if any, cases where they would recommend implanting the devices. "I do not use metal-on-metal hips, and I can see no reason to do so," said Dr. William Rohr of Mendocino Coast District Hospital, who chaired the meeting. For decades nearly all orthopedic implants were coated with plastic or ceramic. But in the last 10 years some surgeons began to favor allmetal implants, after laboratory tests suggested the devices would be more resistant to wear and reduce the chances of dislocation. But recent data gathered from foreign registries shows the devices fail at a higher rate than older implants. That information comes on top of nearly 17,000 reports to the FDA of prob-

lems with the implants, which sometimes require invasive surgery to replace them. The pain and inflammation reported by patients is usually caused by tiny metal particles that seep into the joint, damaging the surrounding tissue and bone. The long-term effects of elevated metal levels in the bloodstream are not clear, though some studies have suggested links to neurological and heart problems. About 400,000 Americans get a hip replacement each year to relieve pain and restore motion affected by arthritis or injury. Metal hips accounted for about 27 percent of all hip implants in 2010, down from nearly 40 percent in 2008. Doctors have begun turning away from the implants amid several high-profile recalls, including J&J's recall of 93,000 metal hips in 2010. FDA's experts said Thursday that patients complaining of pain and other symptoms should get regular X-rays and blood testing for metal levels. However, panelists pointed out the problems with the accuracy of blood tests and the difficulties of interpreting the results. There are no standard diagnostic kits for sale that test for chromium and other metals For patients who are not experiencing pain, panelists said annual X-rays would be sufficient to monitor their implants. If the FDA ultimately follows the group's advice, U.S. recommendations would be less involved than those already in place overseas. Earlier this year U.K. regulators recommend that all people who have the implants get year-

ly blood tests to make sure no dangerous metals are seeping into their bodies. FDA regulators have suggested they want to take more time to sort out the differences between various implants and patient groups before making recommendations. "The truth is there are different types of hips and different types of patients," said Dr. William Maisel, FDA's chief scientist for devices, in an interview last week. "Understanding the characteristics of patients who experience adverse events is very important." Women and overweight people are among the groups that are more likely to have an implant failure. With little definitive data on U.S. hip implants, the agency has asked manufacturers like Johnson & Johnson, Zimmer Holdings Inc. and Biomet Inc. to conduct long-term, follow-up studies of more than 100 metal-on-metal hips on the U.S. market. FDA scientists say the studies will help "fill in the blanks" on a number of scientific questions, including the long-term effects of metal particles. able. "Keeping these metal-on-metal hips on the market for the next five to 10 years while research is conducted is not ethical," said Diana Zuckerman, president of the National Research Center for Women & Families, during a public comment session at the meeting. "If the companies want to sell metal-on-metal hips, they should be required to prove their safety first."


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