Albany- Phoebe Putney Health System's lawsuit against Charles Rehberg could be dismissed because they haven't followed legal requirements.
Rehberg's Atlanta attorney Robert Mulholland filed a motion to dismiss the case against Rehberg.
The hospital claims its reputation was damaged by more than two dozen faxes, called Phoebe Factoids, sent around the community. They're suing Rehberg for defamation. Mulhollands says under Georgia law, the hospital is required to verify the complaint within ten days of filing it, but hasn't so far.
Phoebe's attorney, Rick Langley, says that particular law doesn't apply to this situation and they are moving forward with their suit.