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    Gustav nears Jamaica as New Orleans keeps watch

    By JONATHAN M. KATZ Associated Press Writer

    PORT-AU-PRINCE, Haiti (AP) - Gustav was heading toward Jamaica early Thursday while many miles away, residents in the New Orleans area watched it with a nervous eye.

    A day after stalling off Haiti's coast, the tropical storm was centered about 80 miles (130 kilometers) east-northeast of Kingston, Jamaica, and moving toward the west-southwest near 8 mph (13 kph) at 2 a.m. EDT.

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    US Court of Appeals - Ninth Circuit

    • BYRD V. DRESSEL [08/27]
      Civil Rights, Constitutional Law, Construction, Government Law, Property Law & Real Estate
      In an action brought by a group of homeowners and community organizations seeking declaratory and injunctive relief against a city, employees, and developers who remodel and convert private homes into student residences, a judgment against plaintiffs is affirmed where: 1) case precedent does not categorically preclude due process challenges to impermissible governmental action that deprives a person of real property; 2) however, under ordinary Due Process Clause jurisprudence, plaintiff failed to state a claim, notwithstanding it's understandable concerns about the aesthetics and ambiance of the neighborhood; and 3) claims under the National Historic Preservation Act (NHPA) and defendant-city's municipal code also failed.

    • COUNTY OF SANTA CLARA V.ASTRA USA, INC. [08/27]
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      In a lawsuit brought by certain federally funded medical clinics claiming that they have been overcharged for certain prescription drugs in violation of pharmaceutical pricing agreements between the Secretary of Health and Human Services and drug manufacturer defendants, dismissal of the complaint for failure to state a claim is reversed where plaintiffs are intended direct beneficiaries of those agreements and thus had the right to enforce the agreements' discount provisions against the manufacturers and sue them for reimbursement of excess payments.

    • LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS V. NLRB [08/27]
      Administrative Law, Labor & Employment Law, Travel & Leisure
      Petition for review of an NLRB order dismissing union's complaints against hotel employers for unilaterally terminating dues-checkoff before bargaining to agreement or impasse is granted where: 1) although the NLRB was responsive to a prior mandate from the circuit court that it adopt a new rule, it did not properly apply the new rule it adopted; and 2) contrary to the NLRB's ruling, the union did not clearly and unmistakably waive any right of employees to claim dues-checkoff after the agreements expired.
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    • P. v. Delgado 5/29/08 SC [5/29/2008]
      Criminal Law & Procedure, Sentencing
      In a prosecution for second degree robbery with a dangerous and deadly weapon and commercial burglary, the judgment is affirmed over defendant's claim that the abbreviated notation "Asslt w DWpn" on an abstract of judgment for a prior conviction was insufficient to prove that such conviction had occurred under the deadly weapon prong of Penal Code section 245(a)(1), and was thus for a serious felony. http://caselaw.findlaw.com/data2/californiastatecases/s141282.pdf
    • P. v. Miles 5/29/08 SC [5/29/2008]
      Criminal Law & Procedure, Sentencing
      A sentence for multiple felony offenses, enhanced under the "Three Strikes" law, is affirmed where: 1) the evidence strongly supported an inference that "armed bank robbery” and "kidnapping" notations on a 1976 federal judgment form were intended to describe a conviction for conduct which, under California law, constitutes the serious felony of bank robbery; and 2) thus, there was a sufficient evidentiary basis for a finding that the prior conviction at issue was for a "serious felony" for enhancement purposes. http://caselaw.findlaw.com/data2/californiastatecases/s140413.pdf
    • P. v. Richardson 5/22/08 SC [5/22/2008]
      Criminal Law & Procedure, Evidence, Sentencing
      On automatic appeal for a sentence of death, the judgment is affirmed over claims of error regarding: 1) the prosecution's use of peremptory challenges to excuse any prospective juror who expressed reservations about the death penalty and religious affiliation; 2) the excusal of jurors for cause who stated that they could not impose the death penalty; 3) a denial to excuse a potential juror who revealed she would vote automatically for death; 4) an affidavit submitted for a warrant; 5) suppression of a post-arrest statement arising from an unnecessary delay in his arraignment; 6) whether the post-arrest statement should have been excluded because it was involuntary; 7) due process and right to counsel violations arising from relieving the public defender based on a conflict; 8) application of Proposition 115 to defendant's case; 9) admission and exclusion of certain evidence; 10) a prosecutorial decision involving a witness; 11) prosecutorial misconduct in presenting inconsistent theories; 12) sufficiency of evidence regarding lewd conduct; 13) erroneous instruction on sodomy as a basis for felony murder; 14) references to innocence in CALJIC Nos. 1.01, 2.01, 2.51 and 2.52; 15) cumulative effect of guilty phase errors; 16) double counting of special circumstances and consideration of sodomy special circumstance; 17) several evidentiary rulings; 18) denial of motion for modification of death verdict; 19) intercase proportionality; 20) instructional error; 21) challenges to the death penalty statute; 22) international law; 23) prosecution delay; 24) missing transcripts; 25) cumulative error; and 26) incorporation by reference of habeas corpus petition claims. However, the case is remanded on the issue of restitution as the issue should be considered in light of the currently applicable statute. http://caselaw.lp.findlaw.com/data2/californiastatecases/s029588.pdf
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    • NY AG confirms probe into Goldman, Fidelity
      Wednesday, Aug. 27, 2008

      NY AG confirms probe into Goldman, Fidelity

      By JOE BEL BRUNO AP Business Writer

      NEW YORK (AP) - The New York attorney general's office said Wednesday it is investigating whether brokers at Fidelity Investments were given incentives by Goldman Sachs Group Inc. to sell auction-rate securities to investors.

      Investigators are examining if Fidelity pitched auction-rate securities that were underwritten by Goldman Sachs because it received other services from the investment bank. A spokesman for New York Attorney General Andrew Cuomo confirmed the investigation, but declined to provide further details.

      Cuomo is leading an investigation into how major Wall Street investment banks and smaller financial companies pitched auction-rate securities to customers. The securities were marketed as being as safe as cash until the market froze up amid the credit crisis, causing investors to lose money.

      Spokesmen for Goldman Sachs and Fidelity were not immediately available for comment.

      Cuomo, leading the investigation on behalf of state and federal authorities, has reached deals with investment banks to buy back more than $50 billion worth of auction-rate securities from eight global banks. Goldman Sachs agreed to buy back about $1.5 billion in securities still held by private clients that were purchased through the firm before Feb. 11. It also agreed to pay a $22.5 million fine.

      The auction-rate securities market involved investors buying and selling instruments that resembled corporate debt, but the interest rates on the investments were reset at regular auctions, some as frequently as once a week.

      The market for them collapsed in February amid the downturn in the broader credit markets. Regulators have been investigating the collapse to determine who was responsible for its demise and whether banks knowingly misrepresented the safety of the securities when selling them to investors.

      2008-08-27     16:34:49 GMT

      Copyright 2008. The Associated Press All Rights Reserved.
      The information contained in the AP News report may not be published, broadcast, rewritten or redistributed.
      [08/27]
    • SEC proposes international accounting plan
      Wednesday, Aug. 27, 2008

      SEC proposes international accounting plan

      WASHINGTON (AP) - Federal regulators on Wednesday proposed a plan to allow public companies to begin using international accounting standards for reporting financial results in two years, and may require them to do so starting in 2014.

      The push by the Securities and Exchange Commission toward acceptance of a single, global accounting standard has raised objections from some investor advocates and key lawmakers. Supporters of the change say it makes sense in an era of increasingly globalized financial markets and would help lure foreign companies to U.S. markets.

      The five SEC commissioners voted unanimously at a public meeting to propose a timetable for the switch to international financial reporting standards, or IFRS, to replace the U.S. standards known as generally accepted accounting principles, or GAAP.

      Under the proposal, U.S. companies would have the option of adopting the international standards starting in 2010. The agency then would assess the outcome and decide the following year whether to make it mandatory for all U.S. public companies beginning in 2014 with a completion date of 2016.

      The SEC could formally adopt the proposal sometime after a 60-day public comment period.

      The agency in November eliminated a rule requiring foreign companies with U.S.-traded shares to report their financial results in line with U.S. accounting standards.

      Many foreign public companies comply with the international standards, and some had argued the U.S. mandate was burdensome and costly.

      The IFRS system is generally considered more flexible, and giving companies the choice could spell the end of GAAP, experts believe. The international standards are deemed especially desirable for large U.S. companies with foreign subsidiaries, which now must maintain two different sets of books.

      Critics of the move toward international standards say investors will lose an important source of information used in making decisions and that it will be harder to compare the results of companies that use different standards.

      --

      On the Net:

      Securities and Exchange Commission: http://www.sec.gov

      2008-08-27     18:52:18 GMT

      Copyright 2008. The Associated Press All Rights Reserved.
      The information contained in the AP News report may not be published, broadcast, rewritten or redistributed.
      [08/27]
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