Friday, September 5, 2008

News & Resources

Business

[08/29]Help-wanted ad for nanny: `My kids are a pain'
[08/20]NY restaurant uses 1933 prices; Steaks: 90 cents
[08/13]Ohio man buys new truck with thousands of coins

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Employment Practices

[08/15]Ask AP: Broken hips, illegal immigrants' impact
[08/15]32 protesters arrested outside Disneyland
[08/14]BP says TNK-BP chief barred from office by Russia

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Real Estate

[08/15]General Shopping Brasil Posts 74.3% Increase in Gross Revenue in 2Q08 and 67.6% in 1H08. Adjusted EBITDA Rises 96.0% in 2Q08
[08/15]Cyrela Announces 56% of the Sales Speed of 2Q08 Launches and 60% Growth in 1H08 EBITDA
[08/15]Trump to buy McMahon's home, let him live there

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Top Headlines

[09/05]Palin's lawyer has already questioned 2 witnesses
[09/05]Rangel paid no mortgage interest on beach house
[09/05]Abramoff gets 4 years prison in corruption scandal

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Case Summaries

*Ackerson & Yann did not participate in these cases.

Banking Law

[09/04] Am. Bankers Ass'n v. Lockyer
After remand, in a case interpreting California's Financial Information Privacy Act (FIPA) in light of the federal Fair Credit Reporting Act (FCRA), a ruling that the FRCA entirely preempted FIPA section 4053(b)(1), which restricts the sharing of nonpublic consumer personal information between financial institutions and their affiliates, is reversed and remanded where the preempted portions of FIPA are severable, narrowing FIPA section 4053(b)(1) to exclude consumer report information as defined by the FCRA.

[08/26] Mamot Feed Lot & Trucking v. Hobson
In a class action raising federal usury and antitying claims against a bank, its holding company, and various shareholders, officers, and employees of the bank, following the criminal indictment of the bank's president for defrauding the bank of nearly one million dollars, dismissal of the claim is affirmed where: 1) as sections 85 and 86 do not apply to state-chartered banks, the district court properly dismissed those claims brought under the National Bank Act for want of jurisdiction; 2) the district court properly dismissed a claim under 12 U.S.C. section 1831d for failure to state a claim; and 3) the complaint provided absolutely no facts to support an illegal tying claim.

[08/26] JCB, Inc. v. Union Planters Bank, N.A.
In an action against defendant-bank seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor-defendant and was subject to their competing security interests, partial summary judgment and awards for plaintiff are affirmed in all respects except for a punitive damage award for trespass which must be remitted to $108,750 on due process grounds.

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Located in Louisville, the business law attorneys of Ackerson & Yann, PLLC, represent clients throughout Kentucky, including those doing business in the cities of Louisville, Frankfort, Lexington, Bardstown, London and in the following counties:

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