[JURIST] US Magistrate Judge Craig Shaffer delayed the civil class action fraud case against former Qwest Communications [corporate website] chief executive Joe Nacchio and other former phone company executives until September 30 to eliminate possible interference with a parallel federal criminal investigation. US Attorney William Leone requested the delay [JURIST report], and argued that permitting civil discovery in the class action case "may result in the premature disclosure of sensitive information" that is important to the SEC fraud lawsuit [PDF complaint] against Nacchio. The Denver Business Journal has more.

[JURIST] The UN has formally accused Carina Perelli, head of the UN's Electoral Assistance Division [official website], with harassing her staff. UN spokesman Stephane Dujarric did not offer specifics, but it is believed that the accusations stem from a four-month internal investigation initiated after several staff members accused Perelli of fostering an abusive work environment [JURIST report] full of sexual innuendo and intimidation. According to Dujarric, Perelli received notice of the allegations on August 4, and has until Thursday to submit a rebuttal, at which time her "status may be reviewed". As head of the Electoral Assistance Division, Perelli has played key roles in recent elections in Lebanon and Iraq [JURIST reports]. AP has more.

[JURIST] A US State Department spokesman warned [press briefing transcript; recorded audio] Wednesday that if the Iraqi constitutional committee seeks a further extension of the deadline for drafting Iraq's constitution [JURIST news archive], such an extension would likely not be politically feasible. Iraq's constitutional committee Monday secured a seven-day extension [JURIST report], but there is no clear indication that Shiite, Kurdish and Sunni negotiators are any closer to resolution on the draft. State Department spokesman Sean McCormack indicated that while an additional extension may be technically possible under Iraq's Transitional Administrative Law [text], further delay may be politically unwise, and not acceptable to the Iraqi people. AFP has more.

[JURIST] NATO General Steven Schook [official profile] told reporters Wednesday that he believes that allied forces are very close to capturing former Bosnian Serb leader Radovan Karadzic [BBC profile]. Often referred to as one of the world's most wanted men, Karadzic is accused of leading the slaughter of thousands of Bosnian Muslims and Croats in July 1995, and has been the focus of an intense manhunt since fleeing from authorities following the end of the Serbian war. Karadzic has been indicted [text] by the International Criminal Tribunal for the former Yugoslavia [official website; JURIST news archive]. General Schook indicated that there are "clear signs" that Karadzic will be captured soon and sent to the UN war crimes tribunal to face accusations of genocide. Reuters has more.

In a related development, a former member of Karadzic's wartime government, Momcilo Mandic, was arrested Wednesday in Montenegro on charges of embezzlement and fraud in connection with his efforts to offer Karadzic financial support while in hiding. RFE/RL has more.

[JURIST] Leading Wednesday's states brief, the Michigan Court of Appeals ruled today that faculty at a parochial school cannot join the Michigan Education Association, the state's largest teacher's union, because the legislature did not intend to grant the Michigan Employment Relations Commission [official website] jurisdiction over teachers at parochial schools. In 2003, after cuts in teacher's compensation, approximately 30 teachers at a suburban Detroit parochial school asked for a vote on whether or not to join the Michigan Education Association [union website], and the Association granted them a 2004 election. The MEA has not decided whether it will appeal. AP has more.

In other state legal news ...

• The Montana Supreme Court ruled [PDF opinion] today that a 2001 state law allowing the Public Employees' Retirement Board [association website] to make benefit changes is constitutional. The ruling overturned a lower court decision last year which found the law [text] unconstitutional because it gave the board legislative authority without sufficient standards, guidelines or limits. The board changes at issue affected only retirees who opted to share their pension with a beneficiary after they died. AP has more.
  
  
• The Missouri Court of Appeals for the Eastern District has upheld [opinion] a lower court's decision to grant class-action status to a lawsuit filed by "light" cigarette smokers against Philip Morris USA, a unit of Altria Group [corporate website]. The court also upheld the decision to limit class eligibility to Missouri residents who purchased and smoked Marlboro Lights cigarettes during an eight-year period. Philip Morris [company website] will appeal the decision to the state Supreme Court, and associate general counsel William Ohlemeyer said, "For a variety of reasons, the company believes the law doesn't allow cases like this to be treated as a class action." Philip Morris has argued in the past that there are too many individual issues among smokers to lump them together in a class action lawsuit. AP has more.
  
  
• Oregon Governor Ted Kulongoski has signed legislation [Governor's press release] that will require prescriptions in order to obtain decongestants containing pseudoephedrine, a key ingredient in methamphetamine. The law [text] requires such products to be treated as a Schedule III drug, meaning doctors can prescribe the product over the phone and consumers could get up to five refills in a six-month period. Last year, Oregon became the second state in the nation to require that many pseudoephedrine products be kept behind the counter. The law is to become effective on July 1, 2006. The Oregonian has local coverage.

[JURIST] Leading Wednesday's corporations and securities law news, Newsweek is reporting that the New York Stock Exchange may settle with former CEO Richard Grasso [Wikipedia profile] for $25 million. The NYSE is attempting to recoup some of the $187 million compensation package Grasso received from the NYSE when he left the exchange in 2003. In addition to his litigation with the NYSE [JURIST news archive], Grasso has been sued by the state of New York [JURIST report] over the highly controversial compensation package, in which critics say he played too large of a role in setting. Reuters has more.

In other corporations and securities law news...

• The first of over four thousand Vioxx-related lawsuits [JURIST report] went to the jury today. Drug maker Merck [corporate website] is defending itself against a wrongful death suit from a woman in Texas whose husband died of arrhythmia after taking Vioxx. Merck discontinued the once-popular arthritis medication [Merck press release] after determining it increased patients' risk for heart attacks. The plaintiff's lawyer said in closing testimony Wednesday that Merck hid Vioxx heart dangers for ten years. Merck's attorneys and witnesses argue that the man did not die from a heart attack and his condition was not connected to his use of the drug. Merck has established a reserve of $675 million to pay its legal costs in the upcoming barrage of lawsuits. Reuters has more.
  
  
• The former CEO of Thomson Kernaghan & Co, Lee Simpson, was banned from securities trading Wednesday. The Ontario Securities Commission (OSC) gave Simpson a lifetime ban from the securities industry for failing to supervise his former employees. Simpson has also agreed to never reapply for membership in the Investment Dealers Association of Canada (IDA) [official website]. Thomson Kernaghan employees, including former chairman Mark Valentine, bought shares of Chell Group for $1 each and sold them to clients for $2 each. The fraud was closely followed by Thomson Kernaghan's collapse in 2002 [IDA bulletin, PDF]. According to an OSC press release [text], Simpson was also ordered to pay the commission C$50,000 to cover the expense of the investigation. Bloomberg has more.
  
  
• The former AOL [corporate website] employee who sold 92 million names to spammers was sentenced to fifteen months in federal prison Wednesday. Jason Smathers, who received $28,000 for the list of names, was also ordered to pay AOL $80,000 in restitution. AOL had been seeking at least $300,000 but the judge called that number speculative. Smathers pleaded guilty earlier this year [AP report] in hopes of cooperating but the judge said he did not have helpful information for the government. AP has more.

[JURIST] Ohio Governor Bob Taft [official website] was charged Wednesday with criminal misdemeanors for failing to acknowledge nearly 70 golf outings and other favors. The charges stem from a two-month investigation by a task force of Ohio authorities and come three months after Taft stressed at a conference the importance of ethical behavior for public employees. Taft released records earlier this month showing he had accepted invitations to 21 golf events since 1999. They included a 2001 outing with Taft associate and struggling coin dealer Tom Noe [AP report], whose $50 million investment of state money in rare coins began the scandal that led to Taft's disclosure. Earlier this year former Connecticut Governor John G. Rowland [archived official website] began a year-long sentence [JURIST report] for corruption of office after accepting gifts. Franklin County Prosecutor Ron O’Brien said Taft will probably have to appear in court Thursday. The Columbus Dispatch has more.

[JURIST] AP is reporting that the American Bar Association [group website] has given US Supreme Court nominee John Roberts [JURIST news archive] a "well-qualified" rating, the highest recommendation given by the ABA to judicial nominees. An ABA committee was formed in July [JURIST report] to review whether the "well-qualified" rating earned by Roberts when he was nominated for the US Court of Appeals for the DC Circuit in 2001 would suffice as a Supreme Court recommendation. AP has more.

[JURIST] The family of Brazilian citizen Jean Charles de Menezes, mistakenly killed by police [JURIST report] who thought they were pursuing a July 21 London bombing [JURIST report] suspect, called Wednesday for a public investigation into the circumstances surrounding the shooting. The family also wants the shooters charged with murder [ITV report] and have called for the resignation [ITV report] of London Metropolitan Police Commissioner Sir Ian Blair [official profile]. The remarks come after documents were leaked to ITV that seem to contradict earlier accounts of the shooting. The papers, reportedly from the Independent Police Complaints Commission [official website] inquiry into the tragedy, suggest de Menezes was walking while in the station, only running when he saw a train approaching, and was seated on the subway when he was shot by an officer at point-blank range. Both Scotland Yard and the Home Office have declined comment pending an official report. BBC News has more.

[JURIST] Indian law minister H.R. Bharadwaj said Wednesday that the country’s 130 million Muslims must choose whether to abide by fatwas [Wikipedia backgrounder] issued by Islamic family courts. The comments came in the wake of a petition filed by lawyer Vishwa Lochan Madan calling for the Supreme Court of India [official website] to demand the elimination of all Islamic courts in the predominantly-Hindu nation and bar the formation of new ones. Madan said Islamic courts disrupt the country's judicial process, which is based on India's secular constitution [text]. The secular constitution does allow religious groups to follow separate laws on marriage, divorce and property. Recently an edict was issued by Muslim clerics, and upheld by a Muslim law board [BBC report], that a woman allegedly raped by her father-in-law should marry him and divorce her husband. Though critics have slammed the Muslim judicial system as more strict than in some Islamic nations, Bharadwaj insists that the Supreme Court should not get involved, saying instead that Muslims "should decide whether they [will] be governed by fatwas or not." AFP has more.

[JURIST] Pakistani police on Wednesday charged militant Mohammad Hashim Qadir in connection with the 2002 kidnapping and murder of US reporter Daniel Pearl [Wikipedia profile]. Qadir was picked up last month for involvement in the killing of a man on June 5, and was later questioned [JURIST report] for his alleged role in the Pearl case. He is believed to have coordinated the January 2002 meeting between Pearl and his kidnappers. British-born Islamic militant Ahmed Omar Saeed Sheikh [Wikipedia profile] was sentenced to death for kidnapping and murdering Pearl [JURIST report] in July 2002 and three co-conspirators were sentenced to life in prison. Reuters has more.

[JURIST] US Senator Patrick Leahy [official website] (D-VT), ranking member of the Senate Judiciary Committee, denounced [press release] Tuesday the "radical" views of US Supreme Court nominee John Roberts [JURIST news archive] and claimed that Roberts worked to reverse "decades of policies on civil rights, voting rights, women’s rights, privacy, and access to justice." Leahy's remarks came one day after the release of more than 5,000 pages of documents [JURIST report] from Roberts' time in White House and Department of Justice positions. Almost 500 documents were kept private for reasons of national security or privacy and a folder of material relating to affirmative action was misplaced after being reviewed by National Archives and Records Administration [official website] officials. Leahy and Senator Edward M. Kennedy [official website] (D-MA) both expressed concern about unreleased documents and asked for investigations into some that were reported missing. White House spokesman Steve Schmidt said Leahy's remarks were part of a Democratic strategy to label President Bush's nominees as out of the mainstream. AP has more.

[JURIST] UN Secretary-General Kofi Annan [official website], in a report to the UN Security Council, has accused Sudanese rebels of taking part in kidnappings, extortions and thefts, causing the already unstable Darfur [JURIST news archive] region to become even more lawless. Annan said that currently more than 3 million people were in need of humanitarian aid and another 2 million were living in make-shift camps so overcrowded that they were "vulnerable to psychological as well as physical insecurities." He went on to say that two goals must be met to begin correcting the situation: rebel and government leaders must control their military commanders to curb criminal behavior and the government and rebels must work to reach an agreement on the contentious issues of power and wealth distribution at the upcoming peace talks in Abuja, Nigeria later this month. Annan's report is not currently publicly available. AP has more.

10:29 PM ET - The UN Mission in the Sudan has now made available the full text of Annan's report [PDF]

[JURIST] Iraq's President Jalal Talabani [Wikipedia profile] on Wednesday authorized death sentences for three Iraqi men convicted of murder, paving the way for the first legal executions in Iraq since the fall of Saddam Hussein's regime. Talabani, who has opposed capital punishment in the past [JURIST report], said he had instructed Vice President Adil Abdul-Mahdi to approve the hangings. The three unidentified Iraqis involved are believed to have been convicted by a court in the Shiite city of Kut [Wikipedia backgrounder] of killing three police officers. During US occupation capital punishment was suspended [CPA Order Number 7, June 2003; PDF], but since the formal end of the occupation in June 2004, the death penalty has been reinstated [JURIST report]. AP has more.

[JURIST] North Korean leader Kim Jong Il has said that North Korea would consider returning to the Nuclear Non-Proliferation Treaty [PDF text; IAEA backgrounder] if the US stops threatening the country, a Russian envoy who recently met with Kim said Wednesday. Russian presidential envoy Konstantin Pulikovsky met with Kim several times this week and in an interview [Interfax report] with a Russian news agency said Wednesday that the North Korean leader told him that North Korea doesn't need a single nuclear warhead and would consider a return to the NPT if the US drops its threats toward North Korea. The International Atomic Energy Agency [official website], the UN's nuclear watchdog, has background on North Korea's nuclear activities. For more on US policy in this area, see this US State Department background note [text] on North Korea. AP has more.

1:08 PM ET - In a related development, South Korean Foreign Minister Ban Ki-moon announced Wednesday that he will travel to the US next week to meet with US Secretary of State Condoleezza Rice for discussions on whether North Korea should eventually have the right to pursue a civilian nuclear program. Ban told reporters that if North Korea dismantles all nuclear programs, returns to the NPT and complies with IAEA safeguard measures, this would build the trust necessary to open the door to peaceful nuclear use. Reuters has more.

[JURIST] An Italian court Wednesday ordered that Ethiopian-born Hamdi Issac, a suspect in the failed July 21 London transport attacks [JURIST report], be extradited to Britain [JURIST report] within 35 days. The three judge panel allowed the 35-day delay so that Italian authorities could complete their investigation into Issac's activities. Issac, who has admitted his participation in the attacks, was arrested in Rome on July 29 [JURIST report] and has vowed to appeal the extradition and hopes to face trial in Italy. AP has more.

[JURIST] A lawyer in Luxembourg [Wikipedia backgrounder] filed suit Tuesday challenging the country's July 10th referendum approving [JURIST report] the European Constitution [official website; JURIST news archive]. Lawyer Roy Reding [firm website; profile] claims the government violated Luxembourg's constitution [text] by providing public funding to support a "yes" vote for the EU constitution but not providing the same funding to support a "no" vote. Reding also alleges that Prime Minister Jean-Claude Junker [official profile] promoted television ads which had "absolutely no information content" and were "psychological manipulation of the voter." Reding has called for the cancellation of the referendum's results [official website]. EUobserver has more.

[JURIST] The US Court of Appeals for the Eleventh Circuit [official website] Tuesday upheld a ruling by a federal district court in Alabama, throwing out a jury verdict that said that a Tyson Foods [corporate website] subsidiary, Tyson Fresh Meats, manipulated cattle market prices through contracts with beef producers. The appeals court ruled [PDF opinion] that the cattlemen, who had been awarded $1.28 billion by the jury, "did not present any evidence from which a reasonable jury could conclude that Tyson lacked pro-competitive justification for using the agreements" with the selected beef producers. Tyson CEO John Tyson issued a statement [press release] Tuesday, saying "We're extremely satisfied by this decision, which protects the freedom of U.S. producers to market cattle the way they want and proves our livestock buying practices are proper." AP has more.

[JURIST] Eighteen people convicted in the 2002 bombings in Bali [CNN special report] that killed 202 people, have had their sentences cut by several months to celebrate Indonesia's Independence Day, prison wardens announced Wednesday. It is an Indonesian custom to reduce the sentences of inmates who exhibit good behavior on national holidays, with the exception of those serving life sentences. Included in the reduction was Cleric Abu Bakar Bashir [Wikipedia profile], the alleged spiritual leader of the al-Qaida-linked terror organization Jemaah Islamiyah [CFR backgrounder], who received a 4.5 month reduction in his 30-month sentence [JURIST report] for his role in the bombing of two Bali nightclubs. Earlier this month, the Indonesian Supreme Court upheld Bashir's conviction [JURIST report], ruling that there was sufficient evidence to sustain the conviction. AP has more.

[JURIST] Mississippi Attorney General Jim Hood [official profile] is seeking to revoke the bail of convicted murderer and former Ku Klux Klan leader Edgar Ray Killen [JURIST news archives] because of pre-trial death threats made by his brother. J.D. Killen allegedly threatened to kill Circuit Judge Marcus Gordon and other individuals in the courtroom, although Killen denies the allegations. Edgar Ray Killen was freed on $600,000 bond [JURIST report] Friday pending the appeal of his June conviction [JURIST report] for the 1964 murders of three civil rights workers. AP has more.

[JURIST] Following gang riots that left at least 33 prison inmates dead [JURIST report] Monday, Guatemalan Interior Minister Carlos Vielmann [official website] asked the Guatemalan Congress Tuesday for permission to build new maximum security prisons as part of a new security law. Hundreds of inmates belonging to rival gangs Mara Salvatrucha [Wikipedia backgrounder] and Mara 18, living in at least 6 different prisons, attacked each other with grenades, guns and knives in coordinated attacks following the end of a prison peace treaty. Vielmann urged that the prison system was "about to collapse," but critics argue that it would be too expensive to build and maintain high-tech prisons. Reuters has more.

[JURIST] The Russian Supreme Court [official website] overturned a lower Moscow court decision [MosNews report] Tuesday, reversing a ban on the National Bolshevik Party [party website; Wikipedia backgrounder]. Although the court did not immediately issue an explanation for their ruling, one is expected to be released soon. Prosecutors, who say theywill appeal Tuesday's decision, attempted to portray the group as a dangerous extremist organization that violated registration procedures, but the radical youth political protest movement, which is known primarily for their demonstrations and pranks, vows they are non-violent. The National Bolshevik Party, which espouses socialist economic ideals and nationalistic ideas, has about 17,000 members and cannot run for parliamentary elections because it is a regional group. Party leader Eduard Limonov declared after the ruling, that "there is hope for this country's future." AP has more. MosNews has local coverage.

[JURIST] A Michigan court heard arguments from attorneys representing 21 gay couples and Governor Jennifer Granholm [official profile] Tuesday, who argued that the state's constitution [PDF text] does not prevent local governments and universities from extending benefits to the domestic partners of gay employees. A constitutional amendment [local coverage of amendment] approved by voters in 2004 made the union between a man and a woman the only agreement recognized as a marriage "or similar union for any purpose." The attorneys for the couples argue that benefits such as health insurance are employment benefits and do not endorse a marriage-like relationship. In March, state Attorney General Mike Cox issued an opinion [text] that the amendment's language barred public employers from offering domestic partner benefits. AP has more.

[JURIST] Seventeen British families who lost relatives in Iraq will go to Britain's High Court Wednesday to demand an independent inquiry into the legality of the Iraq war [JURIST report]. The families argue that the nation's Human Rights Act [text] imposes the duty on the government to conduct an inquiry when the lethal use of force is involved. They are seeking a full independent inquiry into the legality of the war in Iraq, the circumstances that led to the death of the soldiers, and a cross examination of Prime Minister Tony Blair [official website], English Attorney General Lord Goldsmith [BBC backgrounder on Lord Goldsmith's role], former Defense Secretary Geoff Hoon, and Foreign Secretary Jack Straw. Ministers have previously refused the families request for an inquiry, arguing that the war was legal. Lawyers for the families hope that the High Court will accept the application for judicial review as soon as possible and hear the case before the end of 2005. The Independent has more.

[JURIST] The Israeli army began evicting residents of Gaza [JURIST report] Wednesday, and despite heavy resistance in some areas, officials believe the evacuation could be complete within 48 hours. Of the 21 Jewish settlements in the Gaza strip and four isolated West Bank settlements to be evacuated, two of them are already empty and it is estimated that half of the 8,500 settlers have already left. Prime Minister Ariel Sharon [Wikipedia profile] has asked residents not to attack or blame the soldiers for the pull-out and has praised the majority of settlers for behaving "honorably and with restraint." Sharon also praised the troops for their "great sensitivity." BBC News has more.

11:15 AM ET - Israeli troops continue forced evacuations in the Gaza Strip and the northern West Bank Wednesday, entering Gaza's largest synagogue and carrying out worshippers still wrapped in prayer shawls. In the West Bank, an Israeli grabbed a security guard's gun and opened fire, killing at least three Palestinians. Despite these incidents, a growing number of settlement residents seem to be accepting the withdrawal plan [IDF disengagement website; Palestinian MOFA backgrounder]. AP has more.

1:00 PM ET - Israeli Prime Minister Ariel Sharon [official website] condemned the West Bank shooting as an acts of "Jewish terror," saying the shooting was the product of "twisted thinking, aimed at stopping the disengagement." AP has more. The Israel Defense Forces' official disengagement website has the latest updates on the evacuation process.