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Women Suing Doctors and Planned Parenthood
Medical Malpractice | 2007/03/07 14:44
A Boston woman is suing two Doctors as well as Planned Parenthood for the costs of raising a child, almost three years after a failed abortion.

Jennifer Raper, a 45 year old woman living in Boston, filed a complaint last week in Suffolk Superior Court. All appeals have to be reviewed before being processed so it's not clear whether or not this case will actually go to trial.

In 1990 the state's high court approved suing in situations as Rapers but only when the resulting child had expensive medical conditions. However, according to the documented report filed with the courts, Jennifer Rapers now two-year-old is a perfectly healthy child.

The three page medical malpractice report filed with the court indicates that Raper found out she was pregnant in March of 2004 and went to Planned Parenthood seeking an abortion in April of 2004. She claimed she was financially unable to care for a child and wished to end the unwanted pregnancy.

At Planned Parenthood she was seen by Dr. Allison Bryan who was a physician working there at the time. The abortion attempt was performed on April 9, 2004 but unknown to Raper at the time, failed and she remained pregnant.

Raper ended up seeing Dr. Benjamin Eleonu at Boston Medical Center in July of 2004 when she was 20 weeks pregnant. Why she went has not yet been released but at the time of the visit the Doctor did not detect the pregnancy. He is the other Doctor being sued by Raper for lack of proper medical care and negligent in missing her pregnancy. Generally, 20 weeks gestation is hard for a trained doctor to miss, and even more so for the pregnant mother.

Jennifer Raper ended up in the emergency room at New England Medical Center in late September with symptoms of pelvic pain. It was then that she finally realized that she was indeed still pregnant. At that point a legal abortion was not possible and she gave birth to a baby girl on December 7th of 2004.

Planned Parenthood has refused to comment as the case is pending legislation and neither Doctor has responded publicly about Rapers' claims. After the court reviews the medical neglect report a decision will be made as to whether or not it will be processed. The Doctor who performed the failed abortion no longer works for Planned Parenthood but is still a licensed practicing Physician.

Raper is suing for damages including the costs of raising her daughter.



Rice says US allies among worst human rights abusers
Human Rights | 2007/03/07 13:04

US Secretary of State Condoleezza Rice Tuesday criticized the poor human rights records of several US allies and denounced the genocide in Darfur while announcing the publication of the 2006 US State Department Country Reports on human rights. Despite the fact that Afghanistan and Iraq have received hundreds of millions of dollars in US aid for democracy and human rights programs, the reports indicate that widespread sectarian violence, weak central administrations and abuses of authority have thwarted respect for rights in those countries. Among the other countries with poor reports in the annual DOS exercise were North Korea, Pakistan, Cuba , Venezuela, and Myanmar.

In addition to Afghanistan and Iraq, the reports also criticized Russia and China, with which the US has recently worked in pressuring Iran and North Korea to abandon their nuclear programs. The State Department reports criticized those countries' records of cracking down on dissent and investigating the killings of government critics.



Phillips Lytle LLP Grows Buffalo Office
Law Firm News | 2007/03/07 12:10


Phillips Lytle LLP, one of the region’s largest full service law firms, continues to grow its Buffalo office with the addition of Karla Braun-Kolbe, Craig R. Bucki and Minryu Sarah Kim as Associates with the firm.

Ms. Braun-Kolbe will concentrate her practice in corporate law. She received her J.D., cum laude, from University at Buffalo School of Law, and both her M.B.A., with
distinction, and B.A., summa cum laude, from University at Buffalo. A member of the
New York State Bar and Women’s Bar Association of Western New York, Ms. Braun-
Kolbe resides in Amherst. Focusing his practice in trial, Mr. Bucki holds his J.D. from Columbia University School of Law, where he was a Harlan Fiske Stone Scholar, and received his B.A., magna cum laude, from Yale University. A resident of East Amherst, Mr. Bucki serves on the executive committee of the Amherst Town Democratic Committee.

A resident of Buffalo, Ms. Kim concentrate her practice in the area of civil litigation
including commercial, corporate, and estate in both state and federal courts. She holds her J.D. from University at Buffalo School of Law and her B.S., cum laude, from Boston University. She is a member of both the Women’s and Minority Bar Associations of Western New York.


Libby Prepares Request for New Trial
Breaking Legal News | 2007/03/07 11:01

Attorneys for convicted former vice presidential aide I. Lewis "Scooter" Libby began working on a request for a new trial Wednesday as the Bush White House tried to knock down speculation about a possible pardon in the CIA leak case. Libby, the former chief of staff to Vice President Dick Cheney, was found guilty of perjury and obstruction in the investigation into the 2003 leak of CIA operative Valerie Plame's identity. He is the highest-ranking White House official convicted in a government scandal since the Iran-Contra scandal two decades ago.

Government prosecutors led by Patrick Fitzgerald spent nearly four years investigating the case, but never charged anyone with the leak. Libby will be the only one charged in the case, Fitzgerald said.

Libby's attorneys tried to use that during the trial to persuade jurors that, since nobody was charged in the case, Libby didn't fear prosecution for the leak and so he had no reason to lie. Juror Denis Collins summed up the dilemma that he and his associates faced behind closed doors.

"There was a frustration that we were trying someone for telling a lie apparently about an event that never became important enough to file charges anywhere else," he said Wednesday on ABC's "Good Morning America."

At the White House, press secretary Tony Snow brushed off questions about whether President Bush would entertain a pardon for Libby, saying the case remains under legal review. Snow also said Cheney's stature within the administration has not changed or waned as a result of the verdict.



Former Gov. Pataki joins New York City law firm
Legal Business | 2007/03/07 10:56

Former Gov. George Pataki, after a two-month break, announced Wednesday that he is joining a New York City law firm and will specialize in environmental issues, particularly renewable energy. Pataki, who has been eyeing a possible run for the 2008 Republican presidential nomination, will be joined at Chadbourne & Parke by his former chief of staff, John Cahill.

Pataki spokesman David Catalfamo said the governor is not ruling out a possible later jump into the presidential campaign, although Pataki has lately cut back on campaign-like activities.

"I am thrilled to be joining Chadbourne," said Pataki in a news release issued by the law firm. "This is one of the great New York firms, and I look forward to participating in its growth."

Chadbourne's managing partner, Charles O'Neill, said the addition of Pataki and Cahill to the firm "will build upon Chadbourne's growing renewable energy practice."

Cahill is a former state environmental conservation commissioner. Pataki was praised by environmental groups throughout his 12 years in office, particularly for his efforts to add 1 million acres of preserve land to the state.

Pataki, who ousted Democratic Gov. Mario Cuomo in 1994, did not seek re-election last year to a fourth, four-year term.



Turkish court shuts down YouTube
International | 2007/03/07 10:51

Turkey’s largest internet services provider shut down access to the YouTube video-sharing web site on Wednesday after a court ruling that some of its content insulted Mustafa Kemal Ataturk, the founder of modern Turkey.

The decision followed days of furious insult-sharing among Turkish and Greek users of the popular and controversial site.

The result was a flood of complaints to the site and to the media from Turkish users angered by what one newspaper said were “fanatic Greeks broadcasting videos” insulting Ataturk.

Turk Telekom acted first by removing the offending items, but a court ordered access to the site to be blocked late on Tuesday after prosecutors brought a case against YouTube.

A message posted on the site late on Wednesday said access had been suspended following a decision by an Istanbul court. One video posted on the site allegedly claimed that Ataturk and Turks were “homosexuals”. Ataturk, who died in 1938, is a revered figure in Turkey and it is a crime to “insult” him or state institutions. Many writers, including the Nobel literature laureate Orhan Pamuk, have faced trial for work that allegedly breaches this law.

Paul Doany, chief executive of Turk Telekom, said the company had received a faxed copy of the court’s decision on Tuesday. “YouTube’s services have been suspended in Turkey in accordance with this decision,” he said.

The site would remain blocked until the court decided otherwise.

The decision to shut off access to the site was not a judgement on the material broadcast, he added, but a response to a legal decision. The government has promised to look at ways of amending article 301 of Turkey’s penal code, under which prosecutions of writers can be brought. But it appears unlikely that the article will be abolished, as campaigners have urged.



$7B proposed over Indian trusts suit
Breaking Legal News | 2007/03/07 10:50

Native American plaintiffs in the decade-old Indian Trust case have rejected a new $7 billion settlement proposal from the US government but the chairman of the Senate Indian Affairs Committee nonetheless says he will hold a hearing later this month to provide administration officials, plaintiffs, and representatives from other interested parties an opportunity to testify publicly on the settlement offer. Byron Dorgan (D-ND) says the government is admitting liability, but Department of the Interior officials have disputed that interpretation. Native plaintiffs say that the offer does not go far enough, being "pennies on the dollar" in respect of the value of their claim, and that it goes too far in precluding further claims.

The class-action Indian trust litigation involves the alleged mismanagement by the US Department of the Interior of American Indian money - lease and sales revenues, permit fees and and interest - received and held for Native Americans by the US government over the last 120 years. In July, the Cobell plaintiffs said they might consider an $8 billion settlement, much lower than the $27.5 billion figure that the plaintiffs demanded for settlement in 2005.



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