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Panel Rejects Bids to Kill Settlement

BY Alyson M. Palmer
July 28, 2009

The federal appeals court in Atlanta has rejected objections to the settlement of a securities fraud suit against HealthSouth. In re: HealthSouth Corporation Securities Litigation, Nos. 07-10701 and 07-11908.

Former HealthSouth Chief Executive Officer Scrushy, who is serving a prison sentence for an unrelated bribery charge, had complained that the settlement was unfair to him because it cut off his legal defense funds and other benefits. AIG Global Investment Group, a division of the embattled insurance giant, had argued that it should have been allowed to opt out of the class of plaintiffs in the case.

Absent further appeals, the recent rulings against Scrushy and AIG appear to remove all impediments to the $445 million settlement, which resolves massive securities fraud claims against HealthSouth, its insurance carriers and some of its directors and officers ' but not Scrushy.

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