/raid1/www/Hosts/bankrupt/CAR_Public/050622.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, June 22, 2005, Vol. 7, No. 122
Headlines
4C PATENT: Handal & Associates Commences Amended Lawsuit in CA
AMERICAN HEARING: MD AG Curran Forges Consumer Fraud Settlement
AT&T: MN Attorney General Forges Consumer Fraud Suit Settlement
AUTHENTIDATE HOLDING: Shareholders Launch Fraud Suits in S.D. NY
AVS MARKETING: Agrees To Settle FTC Deceptive Advertising Suit
BERKELEY PREMIUM: NC Attorney General Files Consumer Fraud Suit
BIONICHE LIFE: Recalls BetacTM Due to Visible Particle Matter
BOSTON COMMUNICATIONS: Shareholders File Securities Suits in MA
CABLETRON SYSTEMS: Suit Settlement Hearing Set August 30, 2005
CANADA: Pension Groups Files Suit V. Michelin North America Inc.
CARRIER ACCESS: Shareholders Launch Securities Fraud Suits in CO
COUNTRY COACH: Recalls 9 Motorhomes Due To Incorrect Labeling
CYBERONICS INC.: Faces Three Federal Securities Lawsuits in TX
DREAMWORKS ANIMATION: Shareholders File Fraud Suits in C.D. CA
EL PASO CORPORATION: To Distribute Payment in NV Antitrust Suit
FEATHERLITE INC.: Recalls 110 Motorhomes For Defect, Fire Hazard
FIBERTHIN LLC: Settles Charges V. Unsubstantiated Diet Claims
FIFTH THIRD BANCORP: Suit Settlement Hearing Set August 18, 2005
FLORIDA: Hernando County To Hike Water Rates If It Loses in Suit
FORD MOTOR: Recalls 78,675 Trucks, Vehicles Due To Fire Hazard
FORD MOTOR: Recalls 180,104 Vans, Trucks, SUVs For Crash Hazard
FOUR WINDS: Recalls 238 Motorhomes For Incorrect Tire Labeling
HYTRIN LITIGATION: ME Consumers To Receive Refunds in Settlement
HYTRIN LITIGATION: MS Consumers To Get Share in Antitrust Pact
IGA MANAGEMENT: ME Attorney General Warns Against Lottery Scam
INTERSTATE BAKERIES: Suit Settlement Hearing Set August 26, 2005
KELLOGG CANADA: Faces Consumer Suit For Misleading Advertising
MICHIGAN: Judge Dismisses Patients' Lawsuit V. William Beaumont
MIDWEST CANNON: Recalls 10T Votive Candles Due to Fire Hazard
ORION BUS: Recalls 1092 2001-05 Buses Due to Structural Defect
POSSIS MEDICAL: Shareholders Launch Securities Fraud Suits in MN
RMS TITANIC: FL Court Certifies Investors Fiduciary Duty Lawsuit
SPARTAN CHASSIS: Recalls 609 Motor Homes For Defect, Fire Hazard
SPECIAL TOUCH: Inks Settlement For NY AG Spitzer's Overtime Suit
SPRINT CORPORATION: Donates Phone Cards in MI Consumer Suit Pact
TOBACCO: Time, Newsweek To Remove Ads in School Library Editions
TRIUMPH MOTORCYCLES: Recalls 969 Motorcycles Due To Crash Hazard
UNITED STATES: High Court Refuses to Review Rights of Way Suit
UNITED STATES: Native Americans Offer to Settle Suit For $27.5B
WAL-MART STORES: CA Federal Appeals Court Agrees to Hear Appeal
WALGREENS CO.: 11 Workers File Race Discrimination Suit in IL
YELLOW BOOK USA: Lawsuit Settlement Hearing Set August 26, 2005
Meetings, Conferences & Seminars
* Scheduled Events for Class Action Professionals
* Online Teleconferences
New Securities Fraud Cases
CYBERONICS INC.: Schatz & Nobel Files Securities Suit in S.D. TX
DRDGOLD LIMITED: Marc S. Henzel Files Securities Suit in S.D. NY
EASTMAN KODAK: Marc S. Henzel Lodges Securities Suit in S.D. NY
EASTMAN KODAK: Schiffrin & Barroway Lodges Securities Suit in NY
NAVARRE CORPORATION: Marc S. Henzel Files Securities Suit in MN
NAVARRE CORPORATION: Lerach Coughlin Files Securities Suit in MN
PEMSTAR INC.: Schatz & Nobel Lodges Securities Fraud Suit in MN
*********
4C PATENT: Handal & Associates Commences Amended Lawsuit in CA
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The law offices of Handal & Associates filed an amendment to its
national class action lawsuit against the 4C Patent Group
(formerly known as the 3C DVD Patent Group) consisting of Sony
Corporation (NYSE: SNE), Philips Electronics (NYSE: PHG), LG
Electronics of South Korea, and Pioneer Corporation (NYSE: PIO),
in the United States District Court for the Southern District of
California.
The amended complaint has been expanded from seven to nine
causes of action and is far more specific in its allegations of
unlawful conduct by the 4C Patent Group. The latest causes
include violations of the Sherman Act for acts in restraint of
trade as well as the unlawful collection of mandatory royalties
for expired or invalid patents.
Among other allegations, the amended complaint states that the
defendants are guilty of:
(1) licensing invalid and unenforceable patents;
(2) patents that are feature-specific but not necessary for
the manufacture of a simple DVD player; and
(3) patents that do not relate to DVD (such as VCD,
karaoke, CD and parental controls).
Since manufacturers are required to take a license to all-or-
none of the patents, Philips and its co-conspirators are
unreasonably fixing the price of DVD players by preventing
manufacturers from licensing only those patents that are
essential for use in their particular product.
The amended complaint highlights the alleged nefarious dealings
of the defendants in their quest to monopolize the DVD player
business. The defendants are believed to have used the power of
their patents to control the creation of DVD standards so that
it would be virtually impossible for competing standards to
emerge. The amended complaint describes how the defendants have
eliminated competition between themselves in the area of
licensing patents. It is alleged that if the defendants were
pure competitors, they would advance new and different standards
in competition with each other and offer them at lower prices in
order to gain acceptance of their own technology. By combining
horizontally, however, they eliminated competition between
themselves, which ultimately causes market deficiencies that
harm consumers.
The plaintiffs also lay out how Philips used its market power to
force IC manufacturers, Optical Pick Up manufacturers, and DVD
player manufacturers as well as importers and distributors to
enter into restrictive one-sided contracts. These contracts
require those within the DVD player industry to relinquish to
defendants any patents they have created which may compete with
the defendants' patents. Those forced into these contracts are
also prevented from suing the Defendants for patent
infringement. In addition, these contracts preclude any licensee
from doing business with any entity that is not licensed by the
defendants, thus furthering their grip on the DVD industry. The
amended complaint purports that these acts are done in
furtherance of a conspiracy to monopolize the DVD industry. The
plaintiffs warn that allowing the defendants to continue this
anticompetitive behavior would result in the perpetuation of the
monopoly into new technologies such as high definition DVD.
"Not only are the defendants hurting consumers, they are also
hurting the electronics industry as a whole," said Anton Handal,
Plaintiffs' lead counsel. "Technological advances in the DVD
player market have come to a virtual standstill as a result of
the Defendants' dominance over the industry. They have so far
been successful in keeping competing standards, like EVD, from
finding a foothold. The Defendants' practices are not only
against the laws of the United States, they shock all notions of
fairness."
The lawsuit was filed after the 4C Group refused to issue a
license to Plaintiff Wuxi Multimedia, and the legal battle
scored significant gains upon Orient Power (Wuxi) Digital
Technology Ltd joining the suit. Damages are estimated to be in
the several hundreds of millions of dollars and the Plaintiffs
will request the Court to order a tripling of damages upon a
finding of malicious conduct by the 4C Group.
For more details, contact Anas A. Akel or Pamela C. Chalk of
Handal & Associates, E-mail: aakel@handal-law.com or
pchalk@handal-law.com, Web site:
http://www.handal-litigation.com.
AMERICAN HEARING: MD AG Curran Forges Consumer Fraud Settlement
---------------------------------------------------------------
Maryland Attorney General J. Joseph Curran, Jr.'s Consumer
Protection Division reached a settlement with American Hearing
Centers, Inc., a now defunct chain of hearing aid stores that
sold hearing aids to Maryland consumers from locations
throughout Maryland.
Under the settlement, American Hearing Centers, Inc.'s former
owner, Mitchell Stein of Olney, Maryland, agreed to refund more
than $20,000 to consumers who had cancelled their purchases of
hearing aids and were not refunded their payments.
Under the Maryland Hearing Aid Sales Act, consumers who purchase
hearing aids have 30 days from the date of the delivery of their
hearing aids to cancel their purchases and receive most of their
money back. If a company offers a refund period that exceeds 30
days, the company must provide a refund if the consumer cancels
within that longer period. The Division alleged that Stein and
his company failed to pay refunds to consumers who lawfully
cancelled their orders.
The settlement requires Ms. Stein to make full restitution to
all consumers who properly cancelled their hearing aid
purchases, but have not received refunds of the payments they
made for their hearing aids. The settlement also requires Ms.
Stein to make full restitution to all consumers who made
payments and had HMO coverage or insurance coverage that
provided that American Hearing Centers, Inc. had to accept the
insurance payment as payment in full, less any applicable co-pay
or deductible. Also, for all consumers with insurance policies
that allowed American Hearing Centers, Inc. to charge the
consumer the difference between the amount of the insurance
payment and American Hearing Centers, Inc.'s charge, the
settlement requires Stein to make full restitution to consumers
of amounts paid by them that exceeded that difference.
The Division is aware of consumers who are owed refunds that
total more than $20,000. Stein also agreed to post $20,000 in
security for future claims before operating a hearing aid
business and to pay the Division $1,000 for its costs. Stein
also agreed to fully comply with the Hearing Aid Sales Act.
"Buying a hearing aid can be difficult and expensive," Mr.
Curran said. "Hearing aid sellers must honor consumers'
cancellation rights and issue refunds promptly as required by
law."
Consumers who believe they are entitled to restitution under the
Attorney General's settlement with Mitchell Stein may contact
the Consumer Protection Division by Phone: (410) 528-1840.
AT&T: MN Attorney General Forges Consumer Fraud Suit Settlement
---------------------------------------------------------------
Minnesota Attorney General Mike Hatch forged a settlement
agreement with AT&T earlier this month, resolving the consumer
protection lawsuit filed against the long distance carrier.
The settlement resolves the State's claim that the Company
erroneously billed some 25,939 Minnesota citizens in 2004 for
services never ordered or provided. Under the terms of the
settlement, the Company has refunded or credited Minnesotans who
were wrongly billed and has agreed to provide 300-minute long
distance calling cards to Minnesotans adversely affected by its
erroneous billing and to make a $200,000 payment to the State.
Under the State's final settlement, the Company agreed to credit
and refund all Minnesotans incorrectly assessed calling plan
charges and to stop marketing to callers who had been billed in
error. Over 25,000 Minnesotans have received credits to date for
a total of $308,000. In addition, the 25,000-plus Minnesotans
who received credits are also eligible for a 300-minute calling
card. Eligible citizens will receive a letter in the mail
detailing how to submit an application for a calling card. The
consumer calling card restitution has a retail value of up to
$780,000. The Company will also make a $200,000 payment to the
State of Minnesota.
The State's lawsuit was the result of an investigation that
revealed that over 25,000 Minnesotans were erroneously billed on
their local phone bill for long distance calling plan charges by
AT&T beginning in January 2004. When the company started
assessing a $3.95 monthly charge to its long distance "Basic
Rate Plan" customers, AT&T billed not only customers on its
"Basic Rate Plan" for the $3.95 and other associated fees, but
also an additional 25,939 Minnesotans who did not order services
from AT&T or who had other AT&T calling plans. In addition, when
those citizens called AT&T to inquire about the charges, rather
than helping consumers, AT&T placed Minnesotans on hold for
extensive periods of time, transferred them to customer service
representatives who tried to "hard sell" AT&T services, and, in
some cases, the company told consumers they would had to sign up
for an AT&T calling plan to get their money back or charges
credited.
A letter is scheduled to be sent by June 7, 2005 to those
Minnesotans who were incorrectly billed by AT&T, directing those
citizens how to receive their calling card. Eligible consumers
will simply have to check a box on a claim form, fill in the
claim number found on the letter, sign and mail the form back to
the Minnesota Attorney General's Office by August 15, 2005, or
send an email to the Office at phonecard.settlement@state.mn.us.
The email must include the customer's name, address, the reason
for requesting the calling card, and the claim number on the
letter.
For more details, contact the Attorney General's Consumer
Assistance Line by Phone: (651)296-3353 or (800)-657-3787, or
contact the Office of Minnesota Attorney General Mike Hatch by
Mail: 1400 Bremer Tower, 445 Minnesota Street, St. Paul, MN
55101, Phone: (651) 296-3353 or 1-800-657-3787.
AUTHENTIDATE HOLDING: Shareholders Launch Fraud Suits in S.D. NY
----------------------------------------------------------------
AuthentiDate Holding Corporation and certain of its officers and
directors face several securities class actions filed in the
United States District Court for the Southern District of New
York on behalf of purchasers of the Company's securities from
September 29,2003 to May 27,2005.
The suits charge the Company and certain of its officers and
directors with violations of the Securities Exchange Act of
1934. The company provides web-based content authentication
services that address the verification of digital information in
all business processes.
Specifically, the complaints allege that during the Class
Period, defendants made materially false and misleading
statements regarding the Company's business and prospects,
specifically about revenues to be derived from an agreement with
the U.S. Postal Service. The Company also concealed certain
internal control problems. These false statements caused
Company stock to trade at artificially inflated levels, reaching
as high as $18.69 per share in January 2004.
Taking advantage of this artificial inflation, the Company
completed a private placement of its stock in February 2004,
raising $69 million in net proceeds. AuthentiDate's CFO and
former CEO also took advantage of the inflation, selling 156,000
shares of their AuthentiDate stock for proceeds of $1.7 million.
On April 13, 2005, AuthentiDate announced the dismissal of its
accounting firm PricewaterhouseCoopers LLP. Later, on April 29,
2005, AuthentiDate filed a Form 8-K with the SEC disclosing it
had hired a new accounting firm and also that on April 15, 2005,
its CFO had sent a letter to certain members of the Company's
Board of Directors, advising them of the existence of corporate
governance issues. The Company hired special counsel to
investigate the letter.
The complaints further allege, on or around May 27, 2005, the
Company issued a press release announcing that "its ongoing
discussions with the United States Postal Service regarding the
status of its Strategic Alliance Agreement had reached a
critical stage with the receipt of a second notice from the
Postal Service stating that it had failed to attain the
performance metrics required by the Strategic Alliance Agreement
during the period February 2005 through April 2005." On this
news, AuthentiDate's stock collapsed to $2.94 per share on
volume of 1.28 million shares.
The first identified complaint in the litigation is styled "Eli
Friedman, et al. v. AuthentiDate Holding Corp., et al.," filed
in the United States District Court for the Southern District of
New York. The plaintiff firms in this litigation are:
(1) Abraham, Fruchter & Twersky, One Pennsylvania Plaza,
Suite 1910, New York, NY, 10119, Phone: 212.279.5050,
Fax: 212.279.3655, E-mail:
JFruchter@FruchterTwersky.com
(2) Brodsky & Smith, LLC, 11 Bala Avenue, Suite 39, Bala
Cynwyd, PA, 19004, Phone: 610.668.7987, Fax:
610.660.0450, E-mail: esmith@Brodsky-Smith.com
(3) Charles J. Piven, World Trade Center-Baltimore, 401
East Pratt Suite 2525, Baltimore, MD, 21202, Phone:
410.332.0030, E-mail: pivenlaw@erols.com
(4) Dyer & Shuman, LLP, 801 E. 17th Avenue, Denver, CO,
80218-1417, Phone: 303.861.3003, Fax: 800.711.6483, E-
mail: info@dyershuman.com
(5) Law Offices of Brian M. Felgoise, P.C., Esquire at 261
Old York Road, Suite 423, Jenkintown, PA, 19046, Phone:
215.886.1900, E-mail: securitiesfraud@comcast.net
(6) Lerach Coughlin Stoia Geller Rudman & Robbins
(Melville), 200 Broadhollow, Suite 406, Melville, NY,
11747, Phone: 631.367.7100, Fax: 631.367.1173, E-mail:
info@lerachlaw.com
(7) Roy Jacobs & Associates, 350 Fifth Avenue Suite 3000,
New York, NY, 10118, E-mail: classattorney@pipeline.com
(8) Schatz & Nobel, P.C., 330 Main Street, Hartford, CT,
06106, Phone: 800.797.5499, Fax: 860.493.6290, E-mail:
sn06106@AOL.com
AVS MARKETING: Agrees To Settle FTC Deceptive Advertising Suit
--------------------------------------------------------------
AVS Marketing, Inc., and its President, William R. Heid, have
agreed to pay $400,000 in consumer redress to settle Federal
Trade Commission (FTC) charges that they deceptively marketed a
purported weight-loss pill called "Himalayan Diet Breakthrough."
According to the FTC, the defendants claimed the product causes
rapid and substantial weight loss without the need to diet or
exercise. The FTC alleged that the defendants' ads for the
product used five of the seven bogus "Red Flag" weight-loss
claims. The ads appeared in the Dallas Morning News, the
Albuquerque Journal, Hair Cut and Style, the Cleveland Plain
Dealer, the San Francisco Chronicle, and various other
publications. The FTC's ongoing "Red Flag" education campaign
provides guidance to assist media outlets and others in spotting
false claims in weight-loss ads. In addition to paying consumer
redress, the settlement prohibits the defendants from
misrepresenting the efficacy or safety of any food, drug,
dietary supplement, device, or health-related program.
The FTC filed charges against the Illinois-based defendants in
October 2004, as part of "Operation Big Fat Lie." The FTC
alleged that the defendants made false and unsubstantiated
claims for the "Himalayan Diet Breakthrough," a dietary
supplement containing Nepalese Mineral Pitch, "a paste-like
material" that "oozes out of the cliff face cracks in the summer
season" in the Himalayas. The defendants claimed the product:
(1) causes rapid and substantial weight loss without
dieting or exercise;
(2) causes users to lose substantial weight while still
consuming unlimited amounts of food;
(3) causes substantial weight loss by preventing the
formation of body fat;
(4) causes substantial weight loss for all users; and
(5) enables users to lose as much as 37 pounds in eight
weeks safely
The stipulated final judgment and order prohibits the defendants
from making false or unsubstantiated claims about weight-loss
products or other products in the future. The order contains a
judgment for more than $4.9 million, the total amount of sales
for the product at issue. Based on a review of the defendants'
financial information, it has been determined that they are
unable to pay full redress. The order suspends the judgment upon
payment of $400,000 to the FTC. If it is found that the
defendants misrepresented their financial condition, the full
$4.9 million will become due immediately.
The Commission vote authorizing staff to file the proposed
stipulated final judgment and order was 5-0. The stipulated
final judgment and order was filed in the U.S. District Court
for the Northern District of Illinois, Eastern Division, on June
10, 2005, and was signed by the judge on June 13, 2005.
This stipulated final judgment and order is for settlement
purposes only and does not constitute an admission by the
defendants of a law violation. The stipulated final judgment and
order has the force of law when signed by the judge.
Copies of the stipulated final judgment and order are available
from the FTC's Web site at http://www.ftc.govand also from the
FTC's Consumer Response Center, Room 130, 600 Pennsylvania
Avenue, N.W., Washington, D.C. 20580. The FTC works for the
consumer to prevent fraudulent, deceptive, and unfair business
practices in the marketplace and to provide information to help
consumers spot, stop, and avoid them. To file a complaint in
English or Spanish (bilingual counselors are available to take
complaints), or to get free information on any of 150 consumer
topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use
the complaint form at http://www.ftc.gov.The FTC enters
Internet, telemarketing, identity theft, and other fraud-related
complaints into Consumer Sentinel, a secure, online database
available to hundreds of civil and criminal law enforcement
agencies in the U.S. and abroad. For more details, contact
Brenda Mack, Office of Public Affairs by Phone: 202-326-2182 or
contact C. Steven Baker or Guy Ward, FTC's Midwest Region -
Chicago by Phone: 312-960-5634 or visit the Website:
http://www.ftc.gov/opa/2005/06/avsmarketing.htm.
BERKELEY PREMIUM: NC Attorney General Files Consumer Fraud Suit
---------------------------------------------------------------
North Carolina Attorney General Roy Cooper filed an action on
June 15,2005 to stop a company from selling pills that it
falsely claimed could improve a variety of health problems
including boosting night vision, lowering cholesterol
Attorney General Cooper filed the suit in Wake County Superior
Court against Steve Warshak of Ohio and his firms Berkeley
Premium Nutraceuticals, Lifekey, Inc., Boland Naturals, Inc.,
Warner Health Care, and Wagner Nutraceuticals for deceiving
North Carolina consumers about its products. He is asking the
court to permanently stop these companies from doing business in
North Carolina and order them to pay refunds.
"Consumers got lured in with the promise of a free trial offer
but soon found themselves paying for shipments of pills they
hadn't ordered," said Attorney General Cooper. "Just like the
snake oil salesman of old these companies made claims about
their pills they couldn't back up."
Attorney General Cooper's suit claims that Mr. Warshak's
companies, which have sold 15 different products around the
nation, made unsubstantiated claims about their products'
powers. Berkeley and the other companies described their
products as "the best natural supplements to help improve your
health" and called them "nutraceuticals." In reality, the
companies did not have competent and reliable scientific
evidence to back up their claims, nor had the dietary
supplements been approved by the U.S. Food and Drug
Administration
As alleged in the complaint, Berkeley and the other companies
hooked customers with advertisements promising "free" 30-day
trials of their products. When consumers called the companies'
toll-free numbers or visited their websites to order the pills
they were asked to provide credit or debit card information to
pay shipping and handling charges. The companies failed to tell
consumers that they would automatically bill them for additional
shipments of pills. When consumers tried to stop the automatic
payments for what the companies called their "continuity
program" or "home delivery plan," Mr. Warshak's companies often
made it difficult for people to cancel their automatic shipments
or get their money back.
Attorneys General in Oregon, Ohio, Arkansas, Illinois, and Texas
also filed suit against Berkeley and the other companies. In
addition Berkeley's practices have caught the attention of
federal authorities. In March, agents from the U.S. Postal
Inspection Service, FBI, IRS and FDA raided Berkeley's
headquarters and a federal judge has frozen $24 million in Mr.
Warshak's bank accounts relating to a federal investigation.
"Outfits that take advantage of consumers need to take their own
bitter medicine," said Attorney General Cooper. "And consumers
need to be wary of companies that make claims about their
products they can't back up."
BIONICHE LIFE: Recalls BetacTM Due to Visible Particle Matter
-------------------------------------------------------------
Bioniche Life Sciences Inc. (TSX: BNC), a research-based,
technology-driven Canadian biopharmaceutical company, announced
that the Canadian arm of its Pharma Division (Bioniche Pharma
Canada Limited) is initiating a Class 1 recall of BetacTM, (NDC
62086-139-50/DIN 02245625), an injectable ascorbic acid product
that is produced at the Bioniche Pharma Group Limited's sterile
injectable manufacturing facility in Galway, Ireland.
Approximately one-third of the product released to the market
has been found to contain visible particulate matter (microbial
in origin), which could potentially result in serious adverse
health reactions. No such reactions have been reported to date,
however, in the event of a reaction, health care professionals
are encouraged to contact the Company or their regional
regulatory authority.
Contact information:
U.S. health care professionals = Call Bioniche Life Sciences at
1-888-258-4199 or FDA's MedWatch program at 1-800-FDA-1088
Contact the FDA via the MedWatch website at
www.fda.gov/medwatch, or by mail (using postage-paid form) to
MedWatch, HFD-410, 5600 Fishers Lane, Rockville, MD 20857-9787.
Canadian health care professionals = Call Bioniche Life Sciences
at 1-888-258-4199 or the Adverse Drug Reaction Centre of Health
Canada at 1-866-234-2345.
Bioniche Pharma voluntarily recalled all lots of the product
after learning about the issue. The product is sold to
pharmacies and clinics, either directly or through distributors.
All recipients have been notified by phone and fax.
The Food and Drug Administration (FDA) and Health Canada were
immediately apprised of this action, and Bioniche is working
with these agencies to ensure that the recall is handled
efficiently. Meanwhile, the Company's Quality Control staff and
management have isolated all potentially affected product and
are investigating the cause of the problem. Immediate corrective
action will follow.
BOSTON COMMUNICATIONS: Shareholders File Securities Suits in MA
---------------------------------------------------------------
Boston Communications Group, Inc. and certain of its present and
former executive officers face several shareholder class actions
filed in the United States District Court for the District of
Massachusetts, on behalf of purchasers of the Company's
securities from November 15,2000 to May 20,2005.
Several purported shareholder class action lawsuits were filed
against the Company and certain of its present and former
executive officers alleging defendants violated the federal
securities laws by issuing materially false and misleading
statements throughout the Class Period that had the effect of
artificially inflating the market price of the Company's
securities. Specifically, the complaints allege:
(1) the Company had willingly infringed upon Freedom
Wireless' patents;
(2) the Company's successful business model was premised
upon the willful infringements of the patents of
Freedom Wireless;
(3) the Company's financial statements failed to comply
with Generally Accepted Accounting Principles by
failing to record sufficient reserves (of not less than
$100 million) because of the willful infringement upon
Freedom Wireless' patents;
(4) by reason of the failure to take adequate reserves, the
Company's financial statements filed with the SEC
overstated income, net profits and profits per share;
(5) these failures of disclosure, directly impacted upon
the Company's prospects for future growth and revenue.
The first identified complaint in the litigation is styled
"Rosenbaum Capital LLC, et al. v. Boston Communications Group,
Inc., et al., case no. 05-CV-11165," filed in the United States
District Court for the District of Massachusetts, under Judge
William G. Young. The plaintiff firms in this litigation are:
(1) Charles J. Piven, World Trade Center-Baltimore,401 East
Pratt Suite 2525, Baltimore, MD, 21202, Phone:
410.332.0030, E-mail: pivenlaw@erols.com
(2) Gilman & Pastor, Stonehill Corporate Center 999
Broadway Suite 500, Saugus, MA, 01906, Phone:
781.231.7850, Fax: 781.231.7840,
(3) Marc S. Henzel, 210 West Washington Square, Third
Floor, Philadelphia, PA, 19106, Phone: 215.625.9999,
Fax: 215.440.9475, E-mail: Mhenzel182@aol.com
(4) Wolf, Haldenstein, Adler, Freeman & Herz LLP, 270
Madison Avenue, New York, NY, 10016, Phone:
212.545.4600, Fax: 212.686.0114, E-mail:
newyork@whafh.com
CABLETRON SYSTEMS: Suit Settlement Hearing Set August 30, 2005
--------------------------------------------------------------
The United States District Court for the District of New
Hampshire will hold a fairness hearing for the proposed $10.5
million settlement with accruing interest in the matter:
Cabletron Systems, Inc. Securities Litigation, C.A.97-542JD
(N.H.), C.A. 99-408S (R.I.) on behalf of all persons who
purchased the common stock of the company or brought call
options or sold put options in the company's common stock,
during the period from March 3, 1997 through December 2, 1997.
The hearing will be held before the Honorable William E. Smith,
in the Federal Building and Courthouse, One Exchange Terrace,
Providence, RI, 02903, at 10:00 a.m., on August 30, 2005.
For more details, contact Cabletron Systems, Inc. Securities
Litigation c/o Garden City Group, Inc., Claims Administrator,
P.O. Box 9000 #6288, Merrick, NY, 11566-9000 OR Sanford D.
Dumain, Esq. of of Milberg Weiss Bershad & Schullman, LLP, One
Pennsylvania, New York, NY, 10119-0165, Phone: (212) 594-5300.
CANADA: Pension Groups Files Suit V. Michelin North America Inc.
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The Concerned Pension Group at Michelin (CPGM), a voluntary
association of approximately 570 Michelin Pension Plan members,
filed a lawsuit against Michelin North America (Canada) Inc. in
the Supreme Court of Nova Scotia.
The court application requests a ruling regarding Michelin's
management and administration of its employee pension plan and
determination of whether the trust plan has been compromised by
surplus funds being diverted to meet required employer
contributions rather than for the exclusive benefit of
employees, former employees and beneficiaries.
CPGM has learned that company mergers, pension plan mergers and
Michelin's failure to maintain separate plan accounting have
further compromised the benefits to both active and retired
members.
In 2003, as a result of various concerns over Michelin's
management and administration of the Michelin Pension Plan, CPGM
sought legal counsel to review plan documents. Lawyers from
Cohen Highley LLP will argue that, contrary to the provisions of
the original plan documents and current plan restatement,
Michelin failed to make required annual employer contributions
but instead funded such contributions through accruing plan
surplus. The London, Ontario based law firm also acted for Royal
Trust pensioners in a class action resulting in a $52 million
settlement payout in 2004. Payment of the company contributions
to the Michelin Pension Plan would result in a substantial
surplus totaling over $350 million available for benefit
enhancements and/or distribution to plan members.
The pensioners are seeking a declaration of their interest in
accruing plan surplus and requiring Michelin to pay to the
pension fund the amount of contribution holidays taken by
Michelin together with accrued interest and to maintain separate
accounting with respect to the Michelin Pension Plan.
Michelin North America (Canada) Inc. is a manufacturer of tires
at its plant in New Glasgow (Granton), Waterville and
Bridgewater, Nova Scotia with distribution and sales of tires
throughout Canada and internationally. The vast majority of
Michelin Pension Plan members and beneficiaries reside in Nova
Scotia.
The Michelin Pension Plan, established in 1972, currently has
approximately 4,000 members with assets valued in excess of $500
million.
A meeting with Cohen Highley legal counsel and CPGM members will
be held on June 21, 2005 at 4:30 at the Sharon St. John United
Church Hall, Stellarton, N.S. Media are welcome to attend.
For more details, contact Iain Sneddon, Partner, Cohen Highley,
LLP, Phone: (519) 672-9330 or (519) 636-4666.
CARRIER ACCESS: Shareholders Launch Securities Fraud Suits in CO
----------------------------------------------------------------
Carrier Access Corporation faces several securities class
actions filed in the United States District Court for the
District of Colorado on behalf of purchasers of the Company's
securities from October 21,2003 to May 20,2005.
Several purported shareholder class action lawsuits were filed
against the Company and certain of its present and former
executive officers with violations of the Securities Exchange
Act of 1934. Specifically, the Complaints allege that the
defendants made materially false and misleading statements
during the Class Period concerning the Company's financial
results and business prospects. This allowed the defendants to:
(1) acquire Paragon Networks using inflated Company stock,
(2) sell 6 million shares of the Company to the public in
January 2004, raising $78 million,
(3) obtain listing on the Russell 3000 Index, and
(4) enable the Individual Defendants to sell nearly 1.3
million personally held shares in the Company, reaping
nearly $15.8 million.
The complaints further allege that on or around May 5, 2005, the
Company announced that it received a Nasdaq Staff Determination
letter, indicating that the Company's stock was subject to
delisting from the Nasdaq. On May 20, 2005, Carrier Access
announced that it was reviewing revenue and cost recognition
issues. The press release stated that "certain revenues and
direct costs have been recorded in incorrect periods. The
amounts that have been quantified to date are significant..." On
this news, Carrier Access's share price fell to a close of $4.61
per share on May 20, 2005.
Also included in this litigation are all shareholders who
acquired Carrier Access stock as Paragon Networks shareholders
or in the January 29, 2004 Carrier Access public offering.
The first identified complaint in the litigation is styled
"Jerry Croker, et al. v. Carrier Access Corporation, et al.,"
filed in the United States District Court for the District of
Colorado. The plaintiff firms in this litigation are:
(i) Brodsky & Smith, LLC, 11 Bala Avenue, Suite 39, Bala
Cynwyd, PA, 19004, Phone: 610.668.7987, Fax:
610.660.0450, E-mail: esmith@Brodsky-Smith.com
(ii) Charles J. Piven, World Trade Center-Baltimore,401 East
Pratt Suite 2525, Baltimore, MD, 21202, Phone:
410.332.0030, E-mail: pivenlaw@erols.com
(iii) Dyer & Shuman, LLP, 801 E. 17th Avenue, Denver, CO,
80218-1417, Phone: 303.861.3003, Fax: 800.711.6483, E-
mail: info@dyershuman.com
(iv) Federman & Sherwood, 120 North Robinson, Suite 2720,
Oklahoma City, OK, 73102, Phone: 405-235-1560, E-mail:
wfederman@aol.com
(v) Law Offices of Brian M. Felgoise, P.C., Esquire at 261
Old York Road, Suite 423, Jenkintown, PA, 19046, Phone:
215.886.1900, E-mail: securitiesfraud@comcast.net
(vi) Lerach Coughlin Stoia Geller Rudman & Robbins (San
Diego), 401 B Street, Suite 1700, San Diego, CA, 92101,
Phone: 619.231.1058, Fax: 619.231.7423, E-mail:
info@lerachlaw.com
(vii) Schatz & Nobel, P.C., 330 Main Street, Hartford, CT,
06106, Phone: 800.797.5499, Fax: 860.493.6290, E-mail:
sn06106@AOL.com
(viii) Schiffrin & Barroway, LLP, 3 Bala Plaza E, Bala Cynwyd,
PA, 19004, Phone: 610.667.7706, Fax: 610.667.7056, E-
mail: info@sbclasslaw.com
COUNTRY COACH: Recalls 9 Motorhomes Due To Incorrect Labeling
-------------------------------------------------------------
Country Coach, Inc. is cooperating with the National Highway
Traffic Safety Administration (NHTSA) by voluntarily recalling 9
motorhomes, namely:
(1) COUNTRY COACH / ALLURE, model 2005
(2) COUNTRY COACH / INTRIGUE, model 2006
These motor homes fail to comply with the requirements of
federal motor vehicle safety standard no. 120 - `tire selection
and rims for motor vehicles other than passenger cars.' The
front and rear tire cold tire inflation pressures of 125 PSI
exceed the manufacturer's recommended maximum cold inflation
pressure of 120 PSI. This could possibly lead to premature rim
failure. Such a rim failure could result in the loss of
steering control and could result in a crash.
The Company will issue replacement federal tire labels
reflecting the corrected cold tire inflation pressure of 120 PSI
for both the front and rear tires. This change will result in a
reduction of the cold inflation tire pressure of each front and
rear tire by 5 PSI. The recall is expected to begin on June
22,2005. For more details, contact the Company by Phone: 1-800-
547-8015 or contact the NHTSA's auto safety hotline:
1-888-327-4236.
CYBERONICS INC.: Faces Three Federal Securities Lawsuits in TX
--------------------------------------------------------------
At least three securities law firms launched federal suits
against Houston-based Cyberonics, Inc., alleging that the
company insiders sold about $2 million in stock last year while
failing to disclose negative information to investors.
Cyberonics, which makes and sells a pacemaker-like medical
device to treat epilepsy, has been on a Wall Street roller
coaster as it has tried in the last year to gain regulatory
approval to market the so-called "vagus nerve stimulation"
therapy to treat severe depression.
The lawsuits, which were all filed in Houston, seeks class
action status on behalf of investors. They all allege that
Cyberonics officials didn't disclose known manufacturing and
quality assurance problems at its plant between June 2004 and
October 2004. According to the suits, during that time,
officials sold over $1.98 million in stock, but in January the
company disclosed that it had received a warning letter from the
Food and Drug Administration citing those manufacturing and
quality control problems.
The letter came at a tumultuous time for Cyberonics. Last June
an FDA advisory panel recommended approval of the VNS for
treatment-resistant depression, sending the stock price soaring.
In August the agency went against the panel's advice and
rejected the company's application, causing the stock to take a
nosedive. Then in February shares spiked again when the FDA
reversed itself and issued an "approvable" letter. But, again
they plunged last month when the company said the Senate Finance
Committee was investigating the agency's handling of the VNS
application for depression.
Thomas Gunderson, an analyst with Piper Jaffray & Co. in
Minneapolis, downplayed the significance of the lawsuit filings.
He told the Chronicle, "In general, Wall Street plays very
little attention to these things." Indeed, the price of
Cyberonics stock actually rose 12 percent Monday to $44.28 per
share.
Cyberonics had previously said it was in a formal quiet period,
during which it wouldn't make public comments until the FDA
announced its ruling or the company had other material
information requiring disclosure.
DREAMWORKS ANIMATION: Shareholders File Fraud Suits in C.D. CA
--------------------------------------------------------------
Dreamworks Animation SKG, Inc. faces several shareholder class
actions filed in the United States District Court for the
Central District of California, on behalf of purchasers of the
Company's securities from October 27,2004 to May 10,2005.
The suits allege that defendants violated Sections 10(b) and
20(a) of the Securities Exchange Act of 1934, and Rule 10b-5
promulgated thereunder, by issuing a series of material
misrepresentations to the market during the Class Period thereby
artificially inflating the price of DreamWorks securities. The
action names as defendants DreamWorks, its Chief Executive
Officer and its Chairman of the Board.
Specifically, the Complaints allege that starting on October 27,
2004 and continuing until May 10, 2005, defendants made a series
of materially false and misleading statements regarding the
about Dreamworks business and earnings. During the Class Period
the Company filed its Form 10-K for its year ended December 31,
2004. In addition, the Company issued press releases on
November8, 2004, March 17, 2005 and May 10, 2005.
The suits allege that throughout the Class Period, defendants
failed to disclose and misrepresented the following material
adverse facts known to defendants or recklessly disregarded by
them:
(1) that sales of Shrek 2 DVD's were declining;
(2) retailers were returning to the Company massive amounts
of unsold Shrek 2 DVD inventory;
(3) the Company was shipping products far in excess of the
actual demand for those products; and
(4) as a result of the foregoing, defendants' opinions and
statements concerning the Company's current and future
earnings lacked a reasonable basis at all times.
The complaints further allege that on or around May 10, 2005,
the Company announced that Shrek 2 did not meet the company's
retail sales expectations for the first quarter. The Company
reported for the first time that the "sales shortfall resulted
in a higher level of returns than expected. As a result, DWA
recorded no revenue from Shrek 2 in the quarter other than from
licensing and merchandising." On this news the price of
DreamWorks stock dropped from $36.50 to close at $32.05.
The first identified complaint is styled "Beverly Pfeffer, et
al. v. DreamWorks Animation SKG, Inc., et al., case no. 05-CV-
3966." The plaintiff firms in this litigation are:
(i) Abbey Gardy, LLP, 212 East 39th Street, New York, NY,
10016, Phone: 212.889.3700, E-mail: info@abbeygardy.com
(ii) Charles J. Piven, World Trade Center-Baltimore, 401
East Pratt Suite 2525, Baltimore, MD, 21202, Phone:
410.332.0030, E-mail: pivenlaw@erols.com
(iii) Faruqi & Faruqi LLP, 320 East 39th Street, New York,
NY, 10016, Phone: 212.983.9330, Fax: 212.983.9331, E-
mail: Nfaruqi@faruqilaw.com
(iv) Glancy Binkow & Goldberg LLP (LA), 1801 Ave. of the
Stars, Suite 311, Los Angeles, CA, 90067, Phone: (310)
201-915, Fax: (310) 201-916, E-mail: info@glancylaw.com
(v) Milberg Weiss Bershad & Schulman LLP, 355 South Grand
Avenue, Suite 4170, Los Angeles, CA, 90071, Phone:
213.617.9007, Fax: 213.617.9185, E-mail:
info@milbergweiss.com
(vi) Schatz & Nobel, P.C., 330 Main Street, Hartford, CT,
06106, Phone: 800.797.5499, Fax: 860.493.6290, E-mail:
sn06106@AOL.com
(vii) Schiffrin & Barroway, LLP, 3 Bala Plaza E, Bala Cynwyd,
PA, 19004, Phone: 610.667.7706, Fax: 610.667.7056, E-
mail: info@sbclasslaw.com
(viii) Wechsler Harwood LLP, 488 Madison Avenue 8th Floor, New
York, NY, 10022, Phone: 212.935.7400, E-mail:
info@whhf.com
(ix) Wolf, Haldenstein, Adler, Freeman & Herz LLP, 270
Madison Avenue, New York, NY, 10016, Phone:
212.545.4600, Fax: 212.686.0114, E-mail:
newyork@whafh.com
EL PASO CORPORATION: To Distribute Payment in NV Antitrust Suit
---------------------------------------------------------------
Nevada Attorney General Brian Sandoval and Consumer Advocate
Adriana Escobar Chanos, Chief of the Attorney General's Bureau
of Consumer Protection, announced the distribution of the final
payment from a multi-million dollar settlement reached with El
Paso Corporation.
The settlement resolved a lawsuit filed late last year in Clark
County against several energy companies alleging the companies
conspired to fix natural gas prices. This violated the Nevada
Unfair Trade Practices Act. The lawsuit named several
defendants, including El Paso Corporation, Sempra Energy,
Southern California Gas Company and San Diego Gas and Electric.
It alleged the energy companies engaged in an elaborate
conspiracy to manipulate the supply of natural gas in Southern
Nevada and refrain from competing against each other causing
tremendous price spikes for both natural gas and electricity.
Escobar Chanos said in a press release the settlement with El
Paso allowed consumers to receive either payment over a 20-year
period or an accelerated payment plan at a discount. El Paso
chose to accelerate payments and has now distributed the final
payment to the State of Nevada. This method maximizes
efficiency and return for residential ratepayers. In total,
Nevada's consumers have received more than $34 million from this
settlement
"Distribution of funds to Southern Nevada's ratepayers will be
in the form of a credit to the deferred energy account balances
of Southern Nevada's utilities," said Mr. Chanos. "This method
is administratively efficient since it does not require the
issuance of thousands of individual checks and crediting the
deferred energy balances reduces the ongoing carrying costs of
these accounts, resulting in an even greater return to Nevada's
electricity and natural gas ratepayers."
The settlement also requires El Paso to cooperate with other
investigations and actions regarding market manipulation or
other misconduct by energy companies. Additionally, El Paso
must restructure its pipeline system in order to eliminate an
artificial market constraint that currently contributes to
higher natural gas prices. The restructuring costs are estimated
to total $200 million.
"Redesign of the pipeline system will provide a long term
benefit to Nevada's consumers potentially of greater ultimate
value than the direct cash distributions," Mr. Chanos said.
The State Consumer Advocate represents the public interest
before the Public Utilities Commission of Nevada (PUC), federal
utility regulatory agencies, courts and all other forums with
jurisdiction over Nevada public utilities.
FEATHERLITE INC.: Recalls 110 Motorhomes For Defect, Fire Hazard
----------------------------------------------------------------
Featherlite, Inc. is cooperating with the National Highway
Traffic Safety Administration by voluntarily recalling 110
motorhomes, namely:
(1) FEATHERLITE / H3-45, model 2005
(2) FEATHERLITE / XL-II, model 2005
These motor coach conversions are built on Prevost Bus Chassis
and equipped with Vehicle Systems' Aqua-Hot and Hydro-Hot Water
heaters, which use Webasto burner tubes. The burner tubes do
not meet specifications and could fail prematurely. The surface
temperature of the exhaust tube exiting from the heater can
increase and could potentially ignite combustible materials in
or around the vehicle.
Featherlite is working with Vehicle Systems to notify owners and
have the repair performed on their vehicles. For more details,
contact Vehicle Systems by Phone: 1-800-685-4298, the Company by
Phone: 888-826-8273 or visit the NHTSA's auto safety hotline:
1-888-327-4236.
FIBERTHIN LLC: Settles Charges V. Unsubstantiated Diet Claims
-------------------------------------------------------------
The marketers of the dietary supplements FiberThin and Propolene
have settled Federal Trade Commission (FTC) charges that their
misleading weight-loss claims violated federal laws. The
principal defendants, located in Encinitas, California, are
barred from making false claims about any dietary product in the
future and are required to pay $1.5 million in consumer redress.
According to the FTC, the defendants used a television
infomercial, short TV spots, and Web sites to market FiberThin
and Propolene, two fiber-based dietary supplements they claimed
would cause rapid, substantial weight loss without any need to
diet or exercise. The supplements were marketed together with
two purported metabolism enhancers, Excelerene and MetaboUp.
FiberThin and Propolene purportedly contain glucomannan, while
MetaboUp and Excelerene purportedly contain green tea, chromium,
and bitter orange. The defendants charged $99.80 and $89.95,
respectively, for 60-day supplies of FiberThin/MetaboUp and
Propolene/Excelerene, and offered a "Take it Off, Keep it Off"
automatic shipping program that would send consumers additional
supplies for $29.95. The defendants advertised these products
through a 30-minute television infomercial that aired on
numerous television stations, including The Learning Channel,
PAX Family Entertainment Network, Home and Garden TV, and CNBC.
In December 2003, the FTC announced its "Red Flag" campaign to
educate members of the media about different types of bogus
weight-loss advertising claims. The FTC's complaint charged that
the defendants made "Red Flag" claims in their ads, including
that the product would cause rapid, substantial weight loss
(more than 2 pounds per week) without the need to diet or
exercise; that weight loss would occur no matter what the
consumer ate; and that weight loss would occur in all users. The
FTC also alleged that the defendants used "expert endorsers" on
their infomercial and other TV ads to make "Red Flag" claims.
The FTC's complaint named FiberThin, LLC and Obesity Research
Institute, LLC; their owners, Henny Den Uijl and Bryan Corlett;
and the "expert endorsers," James Ayres and Jonathan M. Kelley,
M.D., as defendants.
The stipulated final order permanently bars the defendants from
making the challenged "Red Flag" claims and unsubstantiated
claims for any weight-loss product, dietary supplement, food,
drug, or device, or misrepresenting any scientific study for the
purposes of marketing a dietary supplement. Defendants
FiberThin, Obesity Research Institute, Henny Den Uijl, and Bryan
Corlett are required to pay $1.5 million in consumer redress;
the order contains a $41 million suspended judgment, which will
become immediately due if it is found that the defendants
misrepresented their financial situation. The order also
contains standard recordkeeping provisions to assist the FTC in
monitoring the defendants' compliance.
The Commission vote authorizing staff to file the complaint and
proposed stipulated final order was 5-0. The complaint and
stipulated final order were filed in the U.S. District Court for
the Southern District of California on June 14, 2005. The
proposed stipulated final order requires the court's approval.
The Commission files a complaint when it has "reason to believe"
that the law has been or is being violated, and it appears to
the Commission that a proceeding is in the public interest. The
complaint is not a finding or ruling that the defendant has
actually violated the law. The case will be decided by the
court. This stipulated final order is for settlement purposes
only and does not constitute an admission by the defendant of a
law violation. A stipulated final order requires approval by the
court and has the force of law when signed by the judge.
Copies of the Commission's complaint and the stipulated final
order are available from the FTC's Web site at
http://www.ftc.govand also from the FTC's Consumer Response
Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington,
D.C. 20580. The FTC works for the consumer to prevent
fraudulent, deceptive, and unfair business practices in the
marketplace and to provide information to help consumers spot,
stop, and avoid them. To file a complaint in English or Spanish
(bilingual counselors are available to take complaints), or to
get free information on any of 150 consumer topics, call toll-
free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form
at http://www.ftc.gov. The FTC enters Internet, telemarketing,
identity theft, and other fraud-related complaints into Consumer
Sentinel, a secure, online database available to hundreds of
civil and criminal law enforcement agencies in the U.S. and
abroad. For more details, contact Brenda Mack, Office of Public
Affairs, by Phone: 202-326-2182 or contact Matthew Daynard or
Rona Kelner, Bureau of Consumer Protection by Phone:
202-326-3291 or 202-326-2752 or visit the Website:
http://www.ftc.gov/opa/2005/06/fiberthin.htm.
FIFTH THIRD BANCORP: Suit Settlement Hearing Set August 18, 2005
----------------------------------------------------------------
The United States District Court for the Southern District of
Ohio, Western Division (Dayton) will hold a fairness hearing for
the proposed $17 million settlement in the matter: David Stone
V. Fifth Third Bancorp, Consolidated Case No. 1:03cv211 on
behalf of all persons who purchased the common stock of Fifth
Third Bancorp during the period from September 24, 2001 through
and including January 31, 2003.
The hearing will be held before the Honorable Thomas M. Rose in
the United States Courthouse, Federal Building, Courtroom 2, 9th
Floor, 200 West Second St., Dayton, OH 45402, at 9:00 a.m., on
August 18, 2005.
For more details, contact Fifth Third Bancorp Securities
Litigation c/o The Garden City Group, Inc., Claims
Administrator, P.O. box 9000 #6307, Merrick, NY, 11566-9000,
Phone: (800) 406-6205, Web site: http://gardebcitygroup.comOR
David A.P. Brower, Esq. of Milberg Weiss Bershad & Schullman,
LLP, One Pennsylvania, New York, NY, 10119-0165, Phone:
(212) 594-5300.
FLORIDA: Hernando County To Hike Water Rates If It Loses in Suit
----------------------------------------------------------------
Hernando County in Florida warned that water rates would likely
be increased if it loses in a class action, charging it with
inappropriately keeping regulatory fees collected from Florida
Water Services when the Company served most of Spring Hill,
Hernando Today reports.
Spring Hill couple Nicholas and Ann Morana and their attorney
Joe Mason filed the suit, alleging that the county should have
given the money back to customers when it bought the water
company in 2003. He even pointed out that previously, a local
judge ruled the county should give back the money, but
commissioners voted 4-1 (with Commissioner Robert Schenck voting
against) to appeal the decision.
Although county lawyers say they will win the case, county and
utility officials warn that if they must give up the money, they
would have to turn to ratepayers to make up the money earmarked
for improving the system. According to Commissioner Nancy
Robinson, "Either you do nothing and don't fix the system. Or
you raise rates. That's the only source (for money) -- the
ratepayers."
Deputy Utility Director Chuck Lewis agreed that if the county
lost the lawsuit, current and former customers would get some
money but see rate hikes soon afterward. He tells Today, "If you
lose the $3 million you have to make it back. We'd have to look
at both raising user fees and connection fees." He pointed out
that the county's plan is to spend about $20 million during the
next five years for utility improvements within the Spring Hill
area and a total of about $60 million throughout the entire
county.
Court documents show that the lawsuit seeks to direct the county
to return regulatory fees to customers dating back to 1994,
which according to Mr. Lewis would involve approximately 60,000
people. He also added that adding that many would be difficult
to find because they have either moved or died.
Budget Director George Zoettlein told Today that it could cost
the county between $250,000 and $500,000 in salaries and
operational expenses to get the money back to customers. The
best way to serve customers would be to improve the system, he
pointed out.
Late last year, County Judge Peyton Hyslop ruled in the lawsuit
that the county should have returned the regulatory fee to
customers. Assistant County Attorney Kurt Hitzemann wanted Judge
Hyslop's ruling reconsidered but Judge Hyslop, by then, had left
office. Later, County Judge Jack Springstead took over the case
and decided not to hear arguments again, saying the county's
avenue was to appeal.
County Attorney Garth Coller warned that if the county gave in
after the first court ruling and did not appeal, it could open
the floodgates for future lawsuits by those hoping the county
was an easy financial target. "You do not want to be encouraging
litigation on that scale," Coller told commissioners recently.
"I believe it would be a problem that would get worse."
However, not all the money would go to current and former
Florida Water customers. According to Mr. Mason, who is the
lawyer in the class action suit, he would get a third of the
windfall as payment, which virtually infuriated some
commissioners, because that would leave significantly less money
for customers, if the county lost the case in court.
FORD MOTOR: Recalls 78,675 Trucks, Vehicles Due To Fire Hazard
--------------------------------------------------------------
Ford Motor Company is cooperating with the National Highway
Traffic Safety Administration by voluntarily recalling 78,675
pickup trucks and chassis cab vehicles, namely:
(1) FORD / F-250 SUPERDUTY, model 2005
(2) FORD / F-350 SUPERDUTY, model 2005
(3) FORD / F-450 SUPERDUTY, model 2005
(4) FORD / F-550 SUPERDUTY, model 2005
On these pick-up truck and chassis cab vehicles equipped with
5.4L or 6.8L gasoline engines, the fuel jumper line may have an
incorrect end form. The fuel line may separate at the
connection to the main fuel bundle. If the fuel line separates,
an operator may notice a gasoline odor and/or fuel on the
ground, loss of power and the engine will eventually stall.
Fuel leakage in the presence of an ignition source could result
in a fire.
Dealers will install an external retention clip at the fuel
jumper line to the main fuel bundle connection. The recall is
expected to begin on June 20,2005. For more details, contact
the Company by Phone: 1-800-392-3673 or contact the NHTSA's auto
safety hotline: 1-888-327-4236.
FORD MOTOR: Recalls 180,104 Vans, Trucks, SUVs For Crash Hazard
---------------------------------------------------------------
Ford Motor Company is cooperating with the National Highway
Traffic Safety Administration by recalling 180,104 vehicles,
namely:
(1) FORD / E350, model 2004-2005
(2) FORD / E450, model 2004-2005
(3) FORD / EXCURSION, model 2004-2005
(4) FORD / F-250 SUPERDUTY, model 2005
(5) FORD / F-350 SUPERDUTY, model 2005
(6) FORD / F-450 SUPERDUTY, model 2005
(7) FORD / F-550 SUPERDUTY, model 2005
(8) FORD / F250 SUPERDUTY, model 2004
(9) FORD / F350 SUPERDUTY, model 2004
(10) FORD / F450 SUPERDUTY, model 2004
(11) FORD / F550 SUPERDUTY, model 2004
These pickup trucks, sport utility vehicles and vans equipped
with 6.0L Diesel engines may experience stalling without warning
while driving and may or may not restart. Should the engine
stall, a vehicle crash could occur.
Dealers will upgrade the fuel injection control module (FICM)
wire harness or replace and/or have a new injection control
pressure (ICP) sensor connector installed. The recall is
expected to begin on July 5,2005. For more details, contact the
Company by Phone: 1-800-392-3673 or contact the NHTSA's auto
safety hotline: 1-888-327-4236.
FOUR WINDS: Recalls 238 Motorhomes For Incorrect Tire Labeling
--------------------------------------------------------------
Four Winds International is cooperating with the National
Highway Traffic Safety Administration by voluntarily recalling
238 motorhomes, namely:
(1) FOUR WINDS / CHATEAU, model 2005-2006
(2) FOUR WINDS / CHATEAU CITATION, model 2005
(3) FOUR WINDS / CHATEAU SPORT, model 2005-2006
(4) FOUR WINDS / DUTCHMEN, model 2005
(5) FOUR WINDS / DUTCHMEN DORADO, model 2005
(6) FOUR WINDS / DUTCHMEN EXPRESS, model 2005
(7) FOUR WINDS / FOUR WINDS, model 2005-2006
(8) FOUR WINDS / FOUR WINDS 5000, model 2005-2006
(9) FOUR WINDS / FOUR WINDS SIESTA, model 2005-2006
(10) FOUR WINDS / FUN MOVER, model 2005
These motorhomes, built on Ford E-450 chassis fail to comply
with the requirements of federal motor vehicle safety standard
no. 120 "Tire selection and rims for motor vehicles other than
passenger cars." The tire pressure is incorrectly listed on the
label for the rear tires. At the incorrectly stated pressure,
the rear tires are unable to support the gross axle weight
rating (GAWR) for the rear axle.
Owners and dealers will be mailed supplementary tire labels
containing the correct rear tire inflation information. For
more details contact Ford by Phone: 1-800-392-3673, Four Winds
by Phone: 1-574-266-1111 or contact the NHTSA's auto safety
hotline: 1-888-327-4236.
HYTRIN LITIGATION: ME Consumers To Receive Refunds in Settlement
----------------------------------------------------------------
Consumers who purchased the brand-name prescription medication
Hytrin are eligible for refunds from a $30.7-million settlement
agreement, Maine Attorney General Steven Rowe announced in a
statement, dated June 3,2005.
The refunds to consumers and health plans in 18 states will be
paid by two companies which, the complaint alleged, conspired to
engage in anticompetitive conduct that delayed the availability
of a more affordable generic version of the medication.
Hytrin, which is used in the treatment of hypertension and
enlarged prostate, is manufactured by Abbott Laboratories, and
the generic version (called "terazosin") is produced by Geneva
Pharmaceuticals. According to a federal lawsuit, Abbott
wrongfully paid Geneva to delay introduction of its generic
version of Hytrin and took other steps to delay competition from
lower-priced generic versions of its product. This illegal
activity harmed consumers.
Under the settlement agreement, which is still subject to final
court approval, Abbott and Geneva would provide $28.7 million
for consumers and health plans in Maine and 17 other states. The
most direct way for consumers to obtain claims forms is through
the settlement website, http://www.terazosinlitigation.com.
Claims forms must be mailed to the settlement administrator no
later than July 15, 2005.
The settlement will benefit consumers who purchased terazosin
products between October 15, 1995, and March 7, 2005, and
amounts of refunds will depend on how many consumers file claims
against the settlement fund. The settlement applies to consumers
and health plans in Alabama, California, Florida, Illinois,
Kansas, Maine, Michigan, Minnesota, Mississippi, Nevada, New
Mexico, New York, North Carolina, North Dakota, South Dakota,
Tennessee, West Virginia and Wisconsin.
Between 1999 and 2001, a number of consumers filed lawsuits
against Abbott and Geneva. The cases were consolidated into a
single lawsuit in federal court in the Southern District of
Florida. After conducting their own investigations, the states
of Florida, Kansas and Colorado filed their own lawsuit in the
same court. The settlement establishes a separate $2 million
fund to reimburse state agency claims and litigation costs
incurred by Florida, Kansas and Colorado.
Consumers may obtain a claims form from the settlement website,
http://www.terazosinlitigation.com;by calling the settlement
administrator toll-free at 1-877-886-0283; or by writing to the
settlement administrator at: In re Terazosin Hydrochloride
Antitrust Litigation, c/o Complete Claim Solutions, Inc., P.O.
Box 24607, West Palm Beach, FL 33416.
HYTRIN LITIGATION: MS Consumers To Get Share in Antitrust Pact
--------------------------------------------------------------
Mississippi consumers who purchased the brandname prescription
medication Hytrin are eligible for refunds from a $30.7-million
nationwide settlement agreement, state Attorney General Jim Hood
announced in a statement released early this month.
The refunds to consumers and third-party payers in 18 states
will be paid by two companies who, the complaint alleged, had
conspired to engage in anticompetitive conduct that delayed the
availability of a more affordable generic version of the
medication.
Hytrin, which is used in the treatment of hypertension and
enlarged prostate, is manufactured by Abbott Laboratories, and
the generic version (called "terazosin") is produced by Geneva
Pharmaceuticals. According to a federal lawsuit, Abbott
wrongfully paid Geneva to delay introduction of its generic
version of Hytrin and took other steps to delay competition from
lower-priced generic versions of its product. This illegal
activity harmed consumers.
Under the settlement agreement, which is still subject to final
court approval, Abbott and Geneva would provide $28.7 million
for consumers and third-party payers in Mississippi and 17 other
states. The most direct way for consumers to obtain claims forms
is through the settlement website,
http://www.terazosinlitigation.com.Claims forms must be mailed
to the settlement administrator no later than July 15, 2005.
The settlement will benefit consumers who purchased terazosin
products between October 15, 1995, and March 7, 2005, and
amounts of refunds will depend on how many consumers file claims
against the settlement fund. The settlement applies to consumers
and third-party payers in Alabama, California, Florida,
Illinois, Kansas, Maine, Michigan, Minnesota, Mississippi,
Nevada, New Mexico, New York, North Carolina, North Dakota,
South Dakota, Tennessee, West Virginia and Wisconsin.
Between 1999 and 2001, a number of consumers filed lawsuits
against Abbott and Geneva. The cases were consolidated into a
single lawsuit in federal court in the Southern District of
Florida. After conducting their own investigations, the states
of Florida, Kansas and Colorado filed their own lawsuit in the
same court. The settlement establishes a separate $2 million
fund to reimburse state agency claims and litigation costs
incurred by Florida, Kansas and Colorado.
Consumers may obtain a claims form from the settlement website,
http://www.terazosinlitigation.com;by calling the settlement
administrator toll-free at 1-877-886- 0283; or by writing to the
settlement administrator by Mail: In re Terazosin Hydrochloride
Antitrust Litigation c/o Complete Claim Solutions, Inc. P.O. Box
24607, West Palm Beach, FL 33416.
IGA MANAGEMENT: ME Attorney General Warns Against Lottery Scam
--------------------------------------------------------------
Maine Attorney General Steven Rowe warned Maine residents
against a Canadian lottery scam, doing business as "IGA
Management Payment Systems. In a statement, Mr. Rowe said that
the professional con artists are using the pretense of a
Canadian lottery to bilk Mainers out of thousands of dollars,
with a new twist - they send a cashiers check.
"IGA Management Payment Systems," which claims to do business
from Ottawa, is mailing letters to Maine residents announcing
that they have won the "North American Prize Pool," the
statement announced. "Recipients of the letter are told that
they have won over three hundred thousand dollars in cash.
Recipients are told that before the winnings can be sent to
them, they must pay a certain amount for "taxes and charges."
An authentic looking four thousand dollar "cashier's check" that
appears to be drawn on a Texas bank is enclosed with an
explanation that it is being sent to help the recipient pay for
the "taxes and charges." The recipient is encouraged to "keep
this award from public notice" and to call a "lottery claim
agent" at an Ottawa phone number to "finalize the payment
process." If the recipient calls, he/she is asked to provide
identifying information and to provide his/her bank account and
routing information so that the alleged "lottery winnings" can
be deposited. The recipient is then instructed to deposit the
check in his/her bank account and to wire transfer the remaining
several thousand dollars in "taxes and charges" to IGA. Of
course, the four thousand dollar check is worthless, but that
news often comes only after recipients have disclosed their bank
account information and may have sent money to IGA."
Canadian law enforcement officials have received 45 complaints
against the Company between April 15, 2005 and June 6, 2005. Of
these 45 complaints received, 4 are victims with a total loss of
$15,503. Canadian authorities also received 65 complaints about
North American Prize Pool between May 3, 2000, and June 3, 2005.
Of these 65, 13 are actual victims with a total dollar loss of
$36,041.
The Attorney General also recently learned of an identical scam
operating out of Vancouver, British Columbia using the name
Coral Management Payment Systems using fake checks that appear
to be drawn on a Texas bank as well.
"If you receive a mailing advising you that you have won a
lottery prize but that you must pay a fee or disclose personal
financial information such as bank account information before
collecting the prize, don't be fooled," Mr. Rowe warned. "The
letter and enclosed check may look real, but they are not. They
are a sham, pure and simple. My advice is to throw them away."
For more details, contact the Maine Office of the Attorney
General by Phone: 1-800-436-2131 or by E-mail:
consumer.mediation@maine.gov, or contact Canadian authorities by
Phone: 1-888-495-8501 or by E-mail: info@phonebusters.com.
INTERSTATE BAKERIES: Suit Settlement Hearing Set August 26, 2005
----------------------------------------------------------------
The United States District Court for the Western District of
Missouri, Western Division will hold a fairness hearing on the
proposed $15 million settlement with a $3 million claim in the
IBC bankruptcy estate in the matter: Walter E. Smith V.
Interstate Bakeries Corporation, Civil Action No. 03-0142-CV-W-
FJG on behalf of all persons or entities who purchased or
otherwise acquired the company's common stock between April 2,
2002 and April 8, 2003.
The haring will be held before the Honorable Fernando j. Gaitan,
Jr. in Charles Evans Whittaker Courthouse, 400 E. 9th St.,
Kansas City, MO, 64106, at 8:15 a.m., on August 26, 2005.
For more details, contact Steven G. Schulman, Esq. of Milberg
Weiss Bershad & Schullman, LLP, One Pennsylvania, New York, NY,
10119-0165, Phone: (212) 594-5300 or Samuel H. Rudman, Esq. of
Lerach Coughlin Stoia Geller Rudman & Robbins, LLP, 200
Broadhollow, Suite 406, Melville, NY, 11747-4806, Phone:
(631) 367-7100.
KELLOGG CANADA: Faces Consumer Suit For Misleading Advertising
--------------------------------------------------------------
A mother filed a class action against Kellogg Canada, charging
it with misleading consumers with "low sugar" advertising on its
boxes of Frosted Flakes and Froot Loops cereals, the Montreal
Gazette reports.
Janie Bedard of Deux Montagne filed the suit, saying that the
cereal maker's low-sugar marketing strategy leads consumers to
believe the boxes contain "one-third less sugar" than the
original cereals of the same brand. However, since the company
replaced the sugar with starch, the buyer is actually getting a
product that contains 7% more "sugars" in the case of Frosted
Flakes and 4% more in Froot Loops.
According to Mrs. Bedard, a mother of four children age 2 to 9,
an equal portion of the low-sugar version cereal has more
"sugar" and calories than the original. Her suit mirrors a
similar class action demand that was filed in California in
March. Should the Federal Court approve the cross-Canada class
action, Mrs. Bedard will be asking Kellogg Canada for a refund
for the 16 boxes of cereal she bought. Additionally, Mrs. Bedard
will demand the manufacturer turn over profits from sales of the
low-sugar cereals in Canada to children's health organizations.
MICHIGAN: Judge Dismisses Patients' Lawsuit V. William Beaumont
---------------------------------------------------------------
U.S. District Judge Avern Cohn of the Eastern District of
Michigan dismissed a lawsuit that accuses William Beaumont
Hospitals of shirking its duty to provide emergency care at a
reasonable price for uninsured patients, The Detroit News
Washington Bureau reports.
Coming just as Beaumont faces a high-profile federal probe into
its charity status, the ruling concerns a class action lawsuit
brought by five patients who claimed that they had been
overcharged after emergency room visits to Beaumont, which
operates hospitals in Royal Oak and Troy.
According to Judge Cohn, the plaintiffs were participating in a
"nationwide attack on charity care." The judge also found that
the patients had not proved any violation of federal or state
law and that each patient had signed consent form promising to
pay for their care. In addition, the judge found that the
complaint "recites no facts leading to the conclusion that
Beaumont charged 'excessive and inflated rates.'"
Beaumont is one of 10 hospitals at the center of a federal
inquiry into whether nonprofit hospitals are doing enough
community service to qualify for tax-exempt status. That federal
inquiry was made by the U.S. Senate Finance Committee, which had
sent a letter on May 25 to the hospitals, asking for details
about their charitable activities, patient billing and ventures
with for-profit companies. Written responses are due by July 11.
In a press statement, Sen. Charles Grassley, R-Iowa, chairman of
the Finance Committee said that he was concerned about some
charities abusing their tax-exempt status. The committee is also
looking at other potential abuses. Last year, it tightened rules
about donating a car to charity. The panel has also looked at
excessive executive compensation at nonprofits and questionable
tax breaks for land conservation, spokeswoman Jill Gerber said.
Besides Beaumont, the Finance Committee is looking at hospitals
in Ohio, New York, Illinois, Georgia, Mississippi, California,
Minnesota and Arizona. Beaumont spokeswoman Colette Stimmel said
the hospital is preparing its response to the committee.
According to her, the hospital was most likely included in the
inquiry because it is the country's second-leading provider of
care for Medicare patients. She also pointed out that in 2003,
the latest year that information is available, the hospital
spent $95 million on community services, including $67 million
in unreimbursed care for Medicare and Medicaid patients, $20
million for charity or unpaid care, $13 million on community
programs and $500,000 on sponsorships or donations.
MIDWEST CANNON: Recalls 10T Votive Candles Due to Fire Hazard
-------------------------------------------------------------
In cooperation with the U.S. Consumer Product Safety Commission
(CPSC), Midwest Cannon Falls of Cannon Falls, Minnesota is
voluntarily recalling about 10,000 Serenity Votive Candles.
The candles' wax can catch fire, causing a high flame. This can
cause nearby combustibles to catch fire and result in burns to
consumers. Midwest has received one report of the candle wax
catching fire. No injuries or property damage have been
reported.
The recalled candles consist of a glass votive cup surrounded by
a silver holder with a standing angel figure attached. Each
holder contains an engraved quotation. The angel stands about 3
inches tall. Each candle has a proverb engraved into the metal
holder.
Manufactured in China, the candles were sold at all gift stores
nationwide from June 2004 to May 2005 for about $20.
Consumers should return these candles to the place of purchase
to receive a refund.
Consumer Contact: For additional information, contact Midwest at
(800) 776-2075 between 7:30 a.m. and 5 p.m. CT Monday through
Friday, or go the company's Web site:
http://www.midwestofcannonfalls.com.
ORION BUS: Recalls 1092 2001-05 Buses Due to Structural Defect
--------------------------------------------------------------
Orion Bus Industries Ltd. in cooperation with the National
Highway Traffic Safety Administration's Office of Defects
Investigation (ODI) is voluntarily recalling about 1092 2001-05
Orion VII buses due to structural defect.
According to the ODI, on certain busses equipped with vapor door
assemblies, the two-piece curved connecting rods when used as an
element of the door actuation linkage in conjunction with a
vapor medium pneumatic differential engine, may be subject
fatigues failure resulting in bending or breaking of the
connecting rod. A broken connecting rod can allow the door panel
to move freely in an uncontrolled manner, leaving passengers
inside the vehicle unprotected by the door panel and enabling
protruding door panel to strike persons or objects outside the
vehicle.
As a remedy, Orion is working with Orion Bus International to
notify owners and have the repair performed on other vehicles.
The remedy consists of replacing the two-piece connecting rod
with a one-piece connecting rod. NHTSA CAMPAIGN ID Number:
05V282000, Recall Date: JUN 14, 2005.
For more details, contact Orion Bus by Phone: 905-403-7832 or
the NHTSA Auto Safety Hotline: 1-888-327-4236.
POSSIS MEDICAL: Shareholders Launch Securities Fraud Suits in MN
----------------------------------------------------------------
Possis Medical, Inc. faces several securities class actions
filed in the United States District Court for the District of
Minnesota on behalf of purchasers of the Company's stock from
September 24,2002 to August 24,2004.
Several purported shareholder class action lawsuits have been
filed against the Company and certain of its executive officers
with violations of federal securities laws. Plaintiff claims
defendants' omissions and material misrepresentations during the
Class Period artificially inflated the Company's stock price,
inflicting damages on investors.
The Company develops, manufactures, and markets medical devices,
including the AngioJet System - a non-surgical, minimally
invasive catheter system designed to rapidly remove blood clots
using a stream of water.
Specifically, the Complaints allege that during the Class Period
defendants failed to disclose and/or misrepresented material
adverse facts, including that:
(1) the AngioJet System, the Company's key product, was not
more effective than existing alternatives, including
competing drug therapies, nor did AngioJet reduce
significant procedural complications or significantly
increase positive benefits such as improved blood flow
or other similar effects;
(2) the AngioJet could not be expanded as a "technology
platform" because AngioJet was not in the first
instance effective for routine use in a broad range of
heart attack patients to reduce the size of a patient's
damaged tissue area; and
(3) as a result of the foregoing problems, Possis could not
maintain its projected revenue growth or achieve
sustained revenue growth targets as high as 35%.
The Complaints further allege that defendants were motivated to
and did conceal the true safety and efficacy of AngioJet, and
defendants' ability to expand and develop Possis' AngioJet
technology, because it enabled defendants to artificially
inflate the price of Possis shares and then allowed defendants
and other Company insiders to sell more than 361,730 shares of
their privately held Possis stock to the unsuspecting public for
proceeds in excess of $7.07 million while in possession of
material adverse, non-public information about the Company.
On or around August 24, 2004, it was disclosed that AngioJet
failed to demonstrate clinical superiority in the majority of
heart attack patients, causing Possis' share price to plummet
more than 38%. As a result, the Company lost almost 40% of its
market capitalization after Possis shares traded down more than
$11.75 per share, to $19.00 per share, as defendants lowered the
Company's 2005 earnings and revenue guidance.
The first identified complaint in the suit is styled "The
Cornelia I. Crowell GST Trust, et al. v. Possis Medical, Inc.,
et al., case no. 05-CV-1084," filed in the United States
District Court for the District of Minnesota under Judge James
M. Rosenbaum. The plaintiff firms in this litigation are:
(i) Brodsky & Smith, LLC, 11 Bala Avenue, Suite 39, Bala
Cynwyd, PA, 19004, Phone: 610.668.7987, Fax:
610.660.0450, E-mail: esmith@Brodsky-Smith.com
(ii) Charles J. Piven, World Trade Center-Baltimore,401 East
Pratt Suite 2525, Baltimore, MD, 21202, Phone:
410.332.0030, E-mail: pivenlaw@erols.com
(iii) Dreier, Bartiz & Federman LLP, 120 North Robinson,
Suite 2720, Oklahoma City, OK, 73102, Phone:
405.235.1560, E-mail: wfederman@aol.com
(iv) Federman & Sherwood, 120 North Robinson, Suite 2720,
Oklahoma City, OK, 73102, Phone: 405-235-1560, E-mail:
wfederman@aol.com
(v) Glancy Binkow & Goldberg LLP (NY), 1501 Broadway, Suite
1416, New York, NY, 10036, Phone: (917) 510-000, Fax:
(646) 366-089, E-mail: info@glancylaw.com
(vi) Milberg Weiss Bershad & Schulman LLP (New York), One
Pennsylvania Plaza, 49th Floor, New York, NY, 10119,
Phone: 212.594.5300, Fax: 212.868.1229, E-mail:
info@milbergweiss.com
(vii) Murray, Frank & Sailer LLP, 275 Madison Ave 34th Flr,
New York, NY, 10016, Phone: 212.682.1818, Fax:
212.682.1892, E-mail: email@rabinlaw.com
(viii) Reinhardt, Wendorf & Blanchfield Attorneys at Law, E-
1000 First National Bank Building, 332 Minnesota
Street, St. Paul, MN, 55101, Phone: 800.465.1592, Fax:
651.297.6543, E-mail: info@ralawfirm.com
(ix) Schatz & Nobel, P.C., 330 Main Street, Hartford, CT,
06106, Phone: 800.797.5499, Fax: 860.493.6290, E-mail:
sn06106@AOL.com
RMS TITANIC: FL Court Certifies Investors Fiduciary Duty Lawsuit
----------------------------------------------------------------
The United States District Court for the Middle District of
Florida granted class certification to the lawsuit filed against
RMS Titanic, Inc., seeking to recover damages to the plaintiffs
and to all minority shareholders allegedly caused by alleged
breaches of fiduciary duties by some of the Company's directors
and officers in connection with an alleged hostile takeover in
November 1999.
David Shuttle and Barbara Shuttle filed the suit on March 22,
2004. On March 1, 2005, the court issued an order granting the
plaintiffs' motion to certify this matter as a class action. The
class is defined as all persons who owned shares of RMS Titanic,
Inc. as of November 26, 1999 but who were not members of the
group of shareholders who voted to remove previous officers and
directors from their positions with the company.
The suit is styled "Shuttle, et al v. Geller, et al, case no.
8:03-cv-02515-RAL," filed in the United States District Court
for the Middle District of Florida, under Judge Richard A.
Lazzara. Representing the Company are Victor Stephen Cohen and
William J. Schifino, Jr. of Williams, Schifino, Mangione &
Steady, P.A., One Tampa City Ctr., Suite 2600, 201 N. Franklin
St., P.O. Box 380, Tampa, FL 33601, Phone: 813/221-2626, ext 237
Fax: 813/221-7335, E-mail: scohen@wsmslaw.com or
wschifino@wsmslaw.com. Representing the plaintiffs are Richard
M. Bales, Jr. of Bales & Sommers, PA, 601 Brickell Key Drive
Suite 702, Miami, FL 33131, Phone: 305/372-1200, Fax:
305-372-9008, E-mail: rbalesjr@attglobal.net; and Steven G.
Storch of Storch, Amini & Munves, P.C., 2 Grand Central Tower,
25th Floor
New York, NY 10017, Phone: 212/490-4100, E-mail:
sstorch@samlegal.com.
SPARTAN CHASSIS: Recalls 609 Motor Homes For Defect, Fire Hazard
----------------------------------------------------------------
Spartan Chassis, Inc. is cooperating with the National Highway
Traffic Safety Administration (NHTSA) by voluntarily recalling
609 Spartan/Mountain Master motorhomes, model 2005-2006.
On these motor homes, the harness and cables were routed
incorrectly. Sharp casting edges of the transmission lifting
ear cut into the cables or the wire harness. Smoke may occur
which may not be visible to the driver and an electrical short
may occur which could result in a fire.
Dealers will reroute the harness and cables away from the
transmission lifting ear, avoiding the casted part which was the
source of chaffing. The manufacturer has not yet provided an
owner notification schedule for this campaign. For more
details, contact the Company by Phone: 517-543-6400 or contact
the NHTSA's auto safety hotline: 1-888-327-4236.
SPECIAL TOUCH: Inks Settlement For NY AG Spitzer's Overtime Suit
----------------------------------------------------------------
New York Attorney General Eliot Spitzer reached a settlement of
a lawsuit that was filed last year against Special Touch, a
Brooklyn-based home health care agency, for failing to pay
overtime wages to its home health care attendants.
The lawsuit had alleged that the Company and its owner Steven
Ostrovsky had failed to pay over $3 million in such wages to
over 2,000 workers over a six-year period going back to 1998.
According to the lawsuit, home health care attendants employed
by the Company typically worked between 50 to 60 hours for an
average wage rate of $6.50 per hour, without any enhanced rate
as required by New York State law for hours worked over forty.
These workers were entitled to additional compensation for
overtime hours, with the amount dependent upon the applicable
minimum wage.
Under the settlement agreement an audit will be performed to
determine the exact amount of unpaid overtime based on one and
one-half times the minimum wage rate. The Attorney General's
office estimates that at least $3,000,000.00 will be paid to the
workers for the six year period prior to the filing of the
lawsuit, which covers the entire period allowed by the statue of
limitations.
The settlement also takes into account the possible impact of a
recent federal appellate court decision Coke v. Long Island Care
at Home, that holds that home health care aides are entitled to
an overtime rate of time and one-half of their regular hourly
rate. Special Touch will put into escrow all additional monies
that will be owed to the workers if the Coke decision stands
upon further appeal.
"Today's agreement will provide thousands of home health care
aides who been employed by Special Touch since 1998 with the
legally required overtime pay that they earned working long
hours taking care of the ill and convalescent," Attorney General
Spitzer said. "While we recognize home health care agencies face
some difficulty interpreting the complicated federal and state
wage and hour laws applicable in this industry, home health care
aides must be provided the overtime premium that is afforded to
them under state law."
The investigation was handled by Assistant Attorney General
Devin A. Rice of the Attorney General's Labor Bureau, which is
under the supervision of Bureau Chief M. Patricia Smith.
SPRINT CORPORATION: Donates Phone Cards in MI Consumer Suit Pact
----------------------------------------------------------------
Sprint Corporation donated $300,000 in Sprint telephone calling
cards to Michigan's military and their families, as part of a
settlement with Michigan Attorney General Mike Cox, the Attorney
General announced early this month in a statement.
The calling cards will be distributed to Marine and Army
personnel serving overseas in Iraq and Afghanistan and to their
families living here in the United States. Twenty-thousand
cards will be distributed to the Army - 10,000 cards for
soldiers overseas and 10,000 cards to their families. Another
10,000 cards will be given to the Marines, which will be evenly
divided between Marines and their loved ones.
"For our service men and women abroad, these phone cards can
help bring a piece of home to their service overseas," said
Attorney General Cox. "The phone cards demonstrate a small
token of appreciation that will help keep our troops connected
with their loved ones."
He chose the troops to receive the calling cards as part of a
settlement his office reached earlier this year with the
Company. The settlement stemmed from consumer complaints that
the Company switched their telephone long distance service from
another carrier to the Company without their knowledge or
approval, a practice known as "slamming." Under the terms of
the settlement, the Company will pay $1.2 million in cash and
donated products to the State of Michigan and charities selected
by Mr. Cox.
"We thank Attorney General Cox for supporting our troops and for
this donation," said Marine Captain Jason Pace. "There is
nothing more important to Marines than hearing from home while
they are serving overseas."
Army Staff Sergeant Delancie Horton also commended Mr. Cox for
remembering the troops. "The Attorney General should be
recognized for providing a voice for Michigan's fighting men and
women," he said.
During 2003 and 2004, the Consumer Protection Division collected
more than $600 million on behalf of Michigan. In 2004, the
Division stopped more than $400 million in utility rate
increases and responded to more than 102,000 consumer
complaints. For more information on the Consumer Protection
Division, go to the Attorney General's Web site:
http://www.michigan.gov/ag.
TOBACCO: Time, Newsweek To Remove Ads in School Library Editions
----------------------------------------------------------------
The National Association of Attorneys General (NAAG) reached an
agreement with two national magazine publishers to eliminate
tobacco advertising from school library editions of four major
magazines with high youth readerships, New York Attorney General
Spitzer announced in a statement dated June 20,2005. The
agreement was reached with Time, Inc. (which publishes Time,
People and Sports Illustrated), and Newsweek, Inc. (which
publishes Newsweek).
This agreement is the latest step in a continuing effort by the
Attorneys General to reduce youth exposure to tobacco
advertising. In November 2003, the Attorneys General reached an
agreement with the major tobacco companies to eliminate tobacco
advertising from special "classroom" editions that the
publishers create for use in school social studies classes, such
as Time and Newsweek. In 2003, the tobacco companies agreed to
arrange for "selective binding" of these editions, to ensure
that all tobacco advertisements would be removed from these
"classroom" copies.
Numerous school libraries, however, subscribe to the regular
editions of magazines, rather than the special "classroom"
editions. As a result, many elementary and secondary school
students are exposed to tobacco advertising when they read
magazines in their school libraries. The agreement announced
today will help eliminate such advertising from the school
library copies of four magazines with very high youth
readerships - Time, Newsweek, People and Sports Illustrated.
"This is a major success in our continuing efforts to reduce the
marketing of tobacco products to children," said Attorney
General Spitzer. "I want to applaud Time and Newsweek for
joining this effort and helping to remove tobacco advertisements
from the school library editions of these magazines. "
"This is another important step," said Iowa Attorney General Tom
Miller, co-chair of NAAG's Tobacco Committee. "About 2,000 kids
become newsmokers every day, and about a third of them will
eventually die prematurely from smoking-related disease. Every
step we take is important to reduce this terrible death toll."
"I thank Time, Inc. and Newsweek, Inc. for the responsible way
they have responded to our concerns about tobacco advertising in
school library editions of their magazines," Idaho Attorney
General Lawrence Wasden, co-chair of NAAG's Tobacco Committee
said. "Reduced youth exposure to tobacco advertising is in the
public interest and in the best interests of our children."
The agreement announced today was aided by the efforts of youth
working under the auspices of the New York State Department of
Health Tobacco Prevention Program. These volunteers conducted a
statewide survey of 223 middle and high schools in New York, and
found that more than 70% of the school libraries had copies of
Time, Newsweek, People and Sports Illustrated with tobacco
advertising. Moreover, school librarians confirmed that all four
magazines are among the most popular magazines read by children
in the schools.
Attorney General Spitzer then wrote to the major tobacco
companies in March 2005, asking them to seek "selective binding"
arrangements to remove their tobacco advertising from the school
library editions of these magazines. At the same time, Attorney
General Spitzer's office contacted the magazines' publishers,
requesting that they permit this "selective binding" option.
In response, Philip Morris reported that it had previously
ceased all advertising in these four magazines, and two other
tobacco companies - Santa Fe Natural Tobacco and U.S. Smokeless
Tobacco Company - agreed to seek such "selective binding"
arrangements. Meanwhile, Time, Inc. and Newsweek, Inc. both
agreed to create a "selective binding" option for all tobacco
companies, thereby ensuring that all tobacco advertisements will
be removed from these four magazines. These arrangements will be
in place this summer, prior to the commencement of the new
school year.
TRIUMPH MOTORCYCLES: Recalls 969 Motorcycles Due To Crash Hazard
----------------------------------------------------------------
Triumph Motorcycles (America) Ltd. is cooperating with the
National Highway Traffic Safety Administration (NHTSA) by
voluntarily recalling 969 motorcycles, namely:
(1) TRIUMPH / DAYTONA 955I, model 2005
(2) TRIUMPH / SPEED TRIPLE, model 2005
(3) TRIUMPH / SPRINT ST, model 2005
(4) TRIUMPH / SPRINT ST ABS, model 2005
On these motorcycles, the lower by-pass coolant hose can
rupture. A loss of coolant from the engine can result in the
engine overheating and seizure, which could result in a crash.
Dealers will replace the coolant hose. The recall is expected
to begin on July 2005. For more details, contact the Company by
Phone: 1-678-854-2010 or contact the NHTSA's auto safety
hotline: 1-888-327-4236.
UNITED STATES: High Court Refuses to Review Rights of Way Suit
--------------------------------------------------------------
The U.S. Supreme Court refused to review whether a lower court
properly overturned a class action settlement in which Sprint,
Qwest, Level 3 and WilTel Communications had agreed to pay $142
million for railroad rights of way, the Rocky Mountain News
reports.
The refusal by the nation's high court in essence sends back the
decades long property rights dispute between landowners and
several telecommunications companies to settlement talks or the
courtroom.
Additionally, the rejection also intensifies efforts to resolve
42 lawsuits in 32 courts, which are now expected to proceed as a
result of last year's Chicago appeals court ruling that scuttled
a nationwide settlement providing $2 per foot to owners of land
where the phone companies buried fiber-optic cables.
Lead plaintiffs' counsel Nels Ackerson told Rocky Mountain News
that the four telcos should get ready for trials unless they are
prepared to offer a significantly higher monetary settlement
than what was negotiated in the class action case two years ago.
Sprint spokesman Scot Stoffel told Rocky Mountain News that the
Overland Park, Kansas-based firm was disappointed by the Supreme
Court's decision not to intervene, adding that the initial
settlement had provided the most efficient way to resolve
expensive litigation. Meanwhile, the two Colorado defendants,
Denver-based Qwest Communications and Level 3 of Broomfield,
declined to comment on the ruling.
Of the four defendants, Sprint was the biggest fiber installer,
on more than 36,000 miles of railroad rights of way, and thus
faces the highest exposure, according to Mr. Ackerson, whose
Washington, D.C., law firm is also representing plaintiff
classes in several right of way lawsuits in state courts.
The plaintiffs claim the companies ignored subsurface rights to
landowners and that the cable was installed without permission.
Mr. Ackerson also told Rocky Mountain News, "We are preparing
for trial because the best way to get to a settlement is to
proceed to a judge and jury when the parties can't agree among
themselves." He adds that although going to trial state by state
carries the risk of losing each time, a jury trial could return
a potentially bigger payout for landowners. "If this was to go
to trial there would be a multiple of that ($2 a foot
settlement) figure," Mr. Ackerson said.
The cases go back to the 1980s when phone companies were
constructing fiber networks on railroad rights of way negotiated
with the railroads.
Two years ago, Judge Wayne Anderson, a federal judge in Chicago,
gave preliminary approval to a national skeleton affecting as
many as 360,000 landowners. However, as previously reported in
the October 21, 2004 edition of the Class Action Reporter, the
7th U.S. Circuit Court of Appeals scuttled the proposed
settlement in which Sprint and three other phone companies would
have paid an estimated $142 million to owners of land where they
have placed fiber-optic cables.
Landowners in Tennessee and Kansas opposed the settlement due to
a clause that would prevent them from taking class-action claims
to trial in their states.
According to the three-judge panel of the federal appeals court,
the interests of the dissenting landowners were not adequately
represented under the agreement with Sprint Communications Co.,
QWest Communications Corp., Level 3 Communications LLC, Wiltel
Communications LLC and Union Pacific Railroad Co., thus it
returned the suit to a lower court for further action.
The phone companies had paid railroads to allow placement of
fiber-optic cables along their tracks, only to find that the
railroads did not own the land.
The settlement, which would have given $2 per linear foot for
those who could prove ownership, had an estimated total payout
of about $142 million.
During the hearing, the dissenting landowners successfully
argued that they were in a much stronger position to win their
suits than the landlords who agreed to the settlement, thus the
appeals court majority agreed to scuttle the proposed
settlement.
UNITED STATES: Native Americans Offer to Settle Suit For $27.5B
---------------------------------------------------------------
American Indians suing the interior department for more than a
century's worth of lost royalties stated that they would settle
for $27.5 billion if Congress agreed not to draw the money from
other Indian Country programs, the News24, South Africa reports.
The class action lawsuit, which has lingered in US District
Court for nine years, was filed on behalf of 300,000 of American
Indian plaintiffs in 1996, accusing the department of
mismanaging oil, gas, grazing, timber and other royalties from
American Indian lands dating back to 1887.
During the past nine years, a federal judge has found both
interior secretary Gale Norton and her predecessor, Bruce
Babbitt, in contempt for failing to come up with an accounting
of what the American Indians are owed.
Elouise Cobell, the lead plaintiff, told News24 that American
Indian leaders have agreed on 50 "principles" for a settlement,
including a calculation that the royalties plus compounded
interest totaling $176 billion.
According to the interior department though, while American
Indians have received payments periodically from the trust
funds, it could take at least several years and require spending
$12 billion to $14 billion to figure out what they still are
owed.
However, Ms. Cobell stated that a $27.5 billion settlement would
acknowledge that some accounts were paid and is realistic in
light of the accounting problems involved. She wants the money
paid into the government's fund for paying judgments on legal
claims. She adds, "It is discounted quite substantially, but I
think we all understand that there's a lot of suffering in
Indian Country. Many people will die before the money is
approved."
Dan Dubray, an interior department spokesperson though told
News24 that the shifting strategy by the plaintiffs was
perplexing. He also said that the department favors a settlement
based on facts, not speculation without an accounting. He
further adds, "They sued to achieve an accounting, and the
department has spent $100m on an historical accounting. Now
they're saying that's not the goal. It's an odd turn of events."
WAL-MART STORES: CA Federal Appeals Court Agrees to Hear Appeal
---------------------------------------------------------------
A federal appeals court in San Francisco stated that it would
hear Wal-Mart Stores' appeal of a judge's order approving class
action status for as many as 1.6 million current or former women
employees who allege discrimination, The Associated Press
reports.
As reported in previous editions of the Class Action Reporter,
the women's lawsuit claims that the Bentonville, Arkansas-based
retail giant set up a system that frequently pays female workers
less than their male counterparts for comparable jobs and
bypasses them for promotions.
The world's largest private employer said its 3,500 stores do
not have a policy that discriminates against women and argued
that the class of plaintiffs is so large that the case has
become "unmanageable."
Individuals, familiar with the case told AP that as it stands,
the case would be the largest civil rights lawsuit against one
company in U.S. history.
WALGREENS CO.: 11 Workers File Race Discrimination Suit in IL
-------------------------------------------------------------
Eleven black current and former Walgreens Co. workers in seven
states initiated a lawsuit against the drugstore chain, accusing
the company of discriminating against minority employees, The
Associated Press reports.
Filed in U.S. District Court in East St. Louis, Illinois, the
suit claims that the company has a "pervasive policy" of
steering black employees to work in stores in areas with mostly
black or lower-income customers, using an internal system to
categorize stores based on race and income.
In addition, the suit, which seeks class action status, also
alleges that black employees are denied advancement
opportunities because the company directs them to its stores
with lower profits, sometimes costing them bonuses often tied to
store sales and gross profits.
Walgreens spokeswoman Tiffany Bruce told AP that while the
Deerfield, Illinois-based company does not comment on pending
litigation, "we're surprised by the allegations because
historically we've cared about equal opportunity for all of our
employees." She added, "We absolutely have zero tolerance for
discrimination of any kind and strong policies promoting
diversity throughout the company."
Alleging that Walgreens engages in "segregation" of its black
workers, the suit seeks unspecified monetary damages and a
permanent court order barring Walgreen from using the questioned
employment practices.
Tiffany Klosener, the Kansas City, Missouri-based attorney for
the plaintiffs, which are from Illinois, Indiana, Missouri,
Kansas, Florida, Texas and Michigan told AP, "We believe this is
a nationwide pattern of discrimination in promotions,
compensation and hiring" at Walgreens. "There are a lot more
clients we have that are not named in the complaint."
According to the lawsuit, Walgreens categorizes its stores based
on racial, ethnic and income demographics and then uses that
information to intentionally "segregate" black management
workers at stores with large numbers of black or low-income
customers.
Walgreens is the nation's largest drugstore chain by sales. It
has more than 4,800 stores in 45 states and Puerto Rico, and
2004 sales of $37 billion.
YELLOW BOOK USA: Lawsuit Settlement Hearing Set August 26, 2005
---------------------------------------------------------------
The Superior Court of New Jersey, Bergen County will hold a
fairness hearing in the proposed settlement in the matter: The
Education Station Day Care Centers, Inc. v. The Yellow Book USA,
Inc., BER-L-13657-04, on behalf of all persons who signed one or
more contracts to purchase advertising in a Yellow Book
Directory between May 7, 2003 and July 31, 2004.
The Court will hold the hearing on August 26, 2005 at 9:00 a.m.,
before the Honorable Estela M. De La Cruz, Superior Court of New
Jersey, Bergen County Justice Center, 10 Main St. Hackensack,
NJ, 07601.
For more details, contact Phone Directory Settlement
Administrator, Phone: 1-800-406-6204, Web site:
http://www.phonedirectorysettlement.com.
Meetings, Conferences & Seminars
* Scheduled Events for Class Action Professionals
-------------------------------------------------
June 2005
INTERNATIONAL ASBESTOS CONFERENCE
Mealey Publications
London, England
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
June 22-23, 2005
VIOXX LITIGATION CONFERENCE
Mealey Publications
The Intercontinental, New Orleans
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
June 20-21, 2005
REACT 2005
American Conferences
Hyatt Regency Newport, Newport, Rhode Island
Contact: http://www.americanconference.com
July 21-22, 2005
ASBESTOS LITIGATION 101 CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel, New Orleans
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
June 27-28, 2005
LITIGATING EMPLOYMENT DISCRIMINATION & SEXUAL HARASSMENT CLAIMS
2005
Practising Law Institute
New York, NY
Contact: 800-260-4PLI; 212-824-5710; info@pli.edu
July 28-29, 2005
CLASS ACTION LITIGATION: PROSECUTION & DEFENSE STRATEGIES 2005
Practising Law Institute
New York, NY
Contact: 800-260-4PLI; 212-824-5710; info@pli.edu
August 18-19, 2005
PRODUCTS LIABILITY: PHARMACEUTICAL AND MEDICAL DEVICE ISSUES
ALI-ABA
San Francisco
Contact: 215-243-1614; 800-CLE-NEWS x1614
August 25-26, 2005
CLASS ACTION FAIRNESS ACT OF 2005 AND OTHER EMERGING CLASS
ACTION ISSUES
ALI-ABA
Chicago
Contact: 215-243-1614; 800-CLE-NEWS x1614
September 8-9, 2005
CLASS ACTION LITIGATION: PROSECUTION & DEFENSE STRATEGIES 2005
Practising Law Institute
Chicago, IL
Contact: 800-260-4PLI; 212-824-5710; info@pli.edu
September 19-20, 2005
NATIONAL ASBESTOS LITIGATION CONFERENCE
Mealey Publications
The Four Seasons Hotel, Philadelphia
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
September 26-27, 2005
CONSUMER FINANCE LITIGATION & CLASS ACTIONS
American Conferences
New York
Contact: http://www.americanconference.com
September 26-27, 2005
REINSURANCE SUMMIT
Mealey Publications
The Ritz-Carlton Hotel, Boston
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
September 26-27, 2005
WATER CONTAMINATION CONFERENCE
Mealey Publications
The Ritz-Carlton Marina del Rey Los Angeles
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
September 26-27, 2005
BAD FAITH LITIGATION CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel, Philadelphia
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
September 27, 2005
ARBITRATION CONFERENCE
Mealey Publications
The Ritz-Carlton Hotel, Boston
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
September 27-28, 2005
PREPARING FOR THE FUTURE OF FINITE AND STRUCTURED RISK
(RE)INSURANCE
American Conferences
New York
Contact: http://www.americanconference.com
October 2005
ASBESTOS LIABILITY FORUM
Mealey Publications
London, England
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
October 2005
LAW CLIENT DEVELOPMENT CONFERENCE
Mealey Publications
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
October 6-7, 2005
ASBESTOS LITIGATION IN THE 21ST CENTURY
ALI-ABA
Chicago
Contact: 215-243-1614; 800-CLE-NEWS x1614
October 7, 2005
REINSURANCE LAW & PRACTICE 2005: NEW LEGAL & BUSINESS
DEVELOPMENTS IN A CHANGING ENVIRONMENT
Practising Law Institute
New York, NY
Contact: 800-260-4PLI; 212-824-5710; info@pli.edu
October 17-18, 2005
BENZENE LITIGATION CONFERENCE
Mealey Publications
The Ritz Carlton, Phoenix
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
October 27-28, 2005
RETAIL LIABILITY CONFERENCE
Mealey Publications
Mandalay Bay Resort & Casino,Las Vegas
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
November 3-4, 2005
CONFERENCE ON LIFE INSURANCE COMPANY PRODUCTS
ALI-ABA
Washington DC
Contact: 215-243-1614; 800-CLE-NEWS x1614
November 3-4, 2005
NATIONAL MANUFACTURING CONFERENCE
Mealey Publications
The Ritz-Carlton Coconut Grove, Miami
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
November 7, 2005
ALL SUMS: REALLOCATION & SETTLEMENT CREDITS CONFERENCE
Mealey Publications
The Ritz-Carlton, Boston
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
November 7-8, 2005
LEXISNEXIS PRESENTS: COPYRIGHT - FROM TRADITIONAL CONCEPTS TO
THE DIGITAL AGE
Mealey Publications
Downtown Conference Center at Pace University, New York City
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
November 7-8, 2005
CONSTRUCTION DEFECT & MOLD LITIGATION CONFERENCE
Mealey Publications
The Ritz Carlton Phoenix, Phoenix
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
November 9, 2005
CONCRETE CONSTRUCTION DEFECT LITIGATION CONFERENCE
Mealey Publications
Four Seasons Resort, Santa Barbara
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
November 10-11, 2005
CALIFORNIA SECTION 17200 CONFERENCE
Mealey Publications
Four Seasons Resort Santa Barbara
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
November 14-15, 2005
SILICA LITIGATION CONFERENCE
Mealey Publications
The Ritz-Carlton, New Orleans
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
November 17-18, 2005
ASBESTOS LIABILITY FORUM
Mealey Publications
London, England
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
November 17-18, 2005
Mass Torts Made Perfect Seminar
MassTortsMadePerfect.Com
Las Vegas, Nevada
Contact: 800-320-2227; 850-436-6094 (fax)
December 5-6, 2005
ASBESTOS BANKRUPTCY CONFERENCE
Mealey Publications
The Ritz-Carlton New York, Battery Park
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
December 6, 2005
ASBESTOS INSURANCE CONFERENCE
Mealey Publications
The Ritz-Carlton New York, Battery Park
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
December 12-13, 2005
VIOXX LITIGATION CONFERENCE
Mealey Publications
Caesars Palace, Las Vegas
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
February 16-17, 2006
ACCOUNTANTS' LIABILITY
ALI-ABA
Coral Gables, Miami, Florida
Contact: 215-243-1614; 800-CLE-NEWS x1614
September 28-30, 2006
LITIGATING MEDICAL MALPRACTICE CLAIMS
ALI-ABA
Boston
Contact: 215-243-1614; 800-CLE-NEWS x1614
TBA
FAIR LABOR STANDARDS CONFERENCE
Mealey Publications
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
TBA
AIRLINE BANKRUPTCY LITIGATION CONFERENCE
Mealey Publications
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
TBA
FASTFOOD INDUSTRY LIABILITY CONFERENCE
Mealey Publications
Contact: 1-800-MEALEYS; 610-768-7800;
mealeyseminars@lexisnexis.com
* Online Teleconferences
------------------------
June 01-30, 2005
HBA PRESENTS: AUTOMOBILE LITIGATION: DISPUTES AMONG
CONSUMERS, DEALERS, FINANCE COMPANIES AND FLOORPLANNERS
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com
June 01-30, 2005
CONSTRUCTION DISPUTES: TEXAS RESIDENTIAL CONSTRUCTION DEFECT
LIABILITY
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com
June 01-30, 2005
HBA PRESENTS: ETHICS IN PERSONAL INJURY
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com
June 01-30, 2005
IN-HOUSE COUNSEL AND WRONGFUL DISCHARGE CLAIMS:
CONFLICT WITH CONFIDENTIALITY?
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com
June 01-30, 2005
BAYLOR LAW SCHOOL PRESENTS: 2004 GENERAL PRACTICE INSTITUTE --
FAMILY LAW, DISCIPLINARY SYSTEM, CIVIL LITIGATION, INSURANCE
& CONSUMER LAW UPDATES
CLEOnline.Com
Contact: 512-778-5665; info@cleonline.com
June 27-28, 2005
LITIGATING EMPLOYMENT DISCRIMINATION & SEXUAL HARASSMENT CLAIMS
2005
Practising Law Institute
Contact: 800-260-4PLI; 212-824-5710; info@pli.edu
July 28-29, 2005
CLASS ACTION LITIGATION: PROSECUTION & DEFENSE STRATEGIES 2005
(VIDEOCONFERENCE)
Practising Law Institute
Contact: 800-260-4PLI; 212-824-5710; info@pli.edu
TORTS PRACTICE: 18TH ANNUAL RECENT DEVELOPMENTS #1
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
TORTS PRACTICE: 18TH ANNUAL RECENT DEVELOPMENTS #2
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
TORTS PRACTICE: 18TH ANNUAL RECENT DEVELOPMENTS #3
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
TORTS PRACTICE: 19TH ANNUAL RECENT DEVELOPMENTS
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
CIVIL LITIGATION PRACTICE: 21ST ANNUAL RECENT DEVELOPMENTS #1
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
CIVIL LITIGATION PRACTICE: 21ST ANNUAL RECENT DEVELOPMENTS #2
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
CIVIL LITIGATION PRACTICE: 21ST ANNUAL RECENT DEVELOPMENTS #3
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
CIVIL LITIGATION PRACTICE: 22ND ANNUAL RECENT DEVELOPMENTS
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
PUNITIVE DAMAGES: MAXIMIZING YOUR CLIENT'S SUCCESS OR MINIMIZING
YOUR CLIENT'S EXPOSURE
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
EFFECTIVE DIRECT AND CROSS EXAMINAITON
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
STRATEGIC TIPS FOR SUCCESSFULLY PROPOUNDING & OPPOSING WRITTEN
DISCOVERY
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
CACI: CALIFORNIA'S NEW CIVIL JURY INSTRUCTIONS
CEB Online
Contact: customer_service@ceb.ucop.edu or 1-800-232-3444
ADVERSARIAL PROCEEDINGS IN ASBESTOS BANKRUPTCIES
LawCommerce.Com/Mealey's
Online Streaming Video
Contact: customerservice@lawcommerce.com
ASBESTOS BANKRUPTCY - PANEL OF CREDITORS COMMITTEE MEMBERS
LawCommerce.Com/Mealey's
Online Streaming Video
Contact: customerservice@lawcommerce.com
EXPERT WITNESS ADMISSIBILITY IN MOLD CASES
LawCommerce.Com/Mealey's
Online Streaming Video
Contact: customerservice@lawcommerce.com
INTRODUCTION TO CLASS ACTIONS AND LARGE RECOVERIES
Big Class Action
Contact: seminars@bigclassaction.com
NON-TRADITIONAL DEFENDANTS IN ASBESTOS LITIGATION
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
PAXIL LITIGATION
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
RECENT DEVELOPMENTS INVOLVING BAYCOL
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
RECOVERIES
Big Class Action
Contact: seminars@bigclassaction.com
SELECTION OF MOLD LITIGATION EXPERTS: WHO YOU NEED ON YOUR TEAM
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
SHOULD I FILE A CLASS ACTION?
LawCommerce.Com / Law Education Institute
Contact: customerservice@lawcommerce.com
THE EFFECTS OF ASBESTOS ON THE PULMONARY SYSTEM
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
THE STATE OF ASBESTOS LITIGATION: JUDICIAL PANEL DISCUSSION
Online Streaming Video
LawCommerce.Com/Mealey's
Contact: customerservice@lawcommerce.com
TRYING AN ASBESTOS CASE
LawCommerce.Com
Contact: customerservice@lawcommerce.com
THE IMPACT OF LORILLAR ON STATE AND LOCAL REGULATION OF TOBACCO
SALES AND ADVERSTISING
American Bar Association
Contact: 800-285-2221; abacle@abanet.org
________________________________________________________________
The Meetings, Conferences and Seminars column appears in the
Class Action Reporter each Wednesday. Submissions via
e-mail to carconf@beard.com are encouraged.
New Securities Fraud Cases
CYBERONICS INC.: Schatz & Nobel Files Securities Suit in S.D. TX
----------------------------------------------------------------
The law firm of Schatz & Nobel, P.C. initiated a lawsuit seeking
class action status in the United States District Court for the
Southern District of Texas on behalf of all persons who
purchased the publicly traded securities of Cyberonics, Inc.
(Nasdaq: CYBX) ("Cyberonics" or the "Company") between June 15,
2004, through October 1, 2004, inclusive (the "Class Period").
Cyberonics is a company that designs, develops, and
commercializes medical devices, which allegedly provide therapy,
Vagus Nerve Stimulation (VNS), for the treatment of epilepsy and
other debilitating neurological and psychiatric disorders. The
complaint alleges that Cyberonics and certain of its officers
and directors violated federal securities laws. Specifically,
defendants failed to disclose that they were engaged in serious
violative manufacturing and quality practices that would have a
negative impact on prospects for the Company's VNC product
approval. While well aware of true nature of the serious issues
facing FDA approval of the VNC system for the depression
indication, Company insiders sold over $1.98 million of
Cyberonics stock during the Class Period.
For more details, contact Wayne T. Boulton or Nancy A. Kulesa of
Schatz & Nobel, P.C., Phone: +1-800-797-5499, E-mail:
sn06106@aol.com, Web site: http://www.snlaw.net.
DRDGOLD LIMITED: Marc S. Henzel Files Securities Suit in S.D. NY
----------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a class action
lawsuit in the United States District Court for the Southern
District of New York on behalf of purchasers of DRDGOLD Limited
(NASDAQ: DROOY), formerly known as Durban Roodepoort Deep,
Limited, securities during the period between October 23, 2003
and February 24, 2005 (the "Class Period").
The complaint charges DRDGOLD and certain of its officers and
directors with violations of the Securities Exchange Act of
1934. DRDGOLD is a gold exploration and mining company. The
Company operates gold mines through its South African and
Australasian operations.
The complaint alleges that, throughout the Class Period,
defendants made numerous statements regarding:
(1) the successful restructuring of the Company's North
West Operations in South America;
(2) the Company's ability to reduce the negative impact of
the increasing value of the South African Rand versus
the U.S. Dollar; and
(3) the increasing strength of the Company's balance sheet.
In truth and in fact, the Company's problems with its North West
Operations were never fully resolved and resulted in the Company
being forced to record an impairment charge for the full value
of its mining assets there. Moreover, despite representations to
the contrary, the Company continued to be negatively impacted by
the increasing value of the South African Rand. As detailed in
the complaint, these problems resulted in the Company being
forced to announce that it might not be able to operate as a
going concern. When this information was belatedly disclosed to
the public, shares of DRDGOLD fell more than 25%, on
extraordinarily heavy volume.
For more details, contact the Law Offices of Marc S. Henzel, 273
Montgomery Ave., Suite 202, Bala Cynwyd, PA, 19004, Phone:
610-660-8000 or 888-643-6735, Fax: 610-660-8080, E-Mail:
mhenzel182@aol.com.
EASTMAN KODAK: Marc S. Henzel Lodges Securities Suit in S.D. NY
---------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a class action
lawsuit in the United States District Court for the Southern
District of New York on behalf of purchasers of Eastman Kodak
Company (NYSE: EK) common stock during the period between April
23, 2003 and September 25, 2003 (the "Class Period").
The complaint charges Kodak and certain of its officers and
directors with violations of the Securities Exchange Act of
1934. Kodak engages in the developing, manufacturing and
marketing of traditional and digital imaging products, services
and products for consumers, professionals, healthcare providers,
the entertainment industry and other commercial customers.
The complaint alleges that on April 23, 2003, the Company
provided Q2 2003 guidance, stating that "second-quarter
operational earnings could fall into the range of 60 cents per
share to 80 cents per share." Though defendants continued to
receive adverse information throughout the quarter confirming
that the Company would fail to meet these estimates, defendants
did not disclose until June 18, 2003 that the Company would
badly miss its projections. On July 23, 2003, the Company
backtracked on its previous bad news, stating the operating
earnings actually came in for Q2 2003 at $0.39 per share.
However, on September 25, 2003, defendants announced that the
Company's attempt to continue operating under its then-existing
business model had been failing throughout the Class Period. As
a result of operating difficulties, the Company would be forced
cut its historic dividend by 72%. On this news the Company's
stock price plummeted by 18% to its 18 year-low on September 25,
2003.
According to the complaint, as a result of the defendants' false
statements, Kodak's stock traded at inflated levels during the
Class Period, increasing to as high as $32 per share on June 17,
2003, permitting defendants to sell $550 million worth of debt
at inflated prices, to justify the payment of extraordinary 450%
increases in the cash portion of defendants' incentive
compensation for fiscal 2002 and to prevent the Company's
disgruntled institutional investors from taking steps at the
2003 annual meeting of shareholders to reign in years of
excessive executive compensation at Kodak or to assume control
over the Kodak Board of Directors. The true facts, which were
known by each of the defendants but concealed from the investing
public during the Class Period, were as follows:
(1) Kodak's unpaid accounts receivable had risen materially
in Q2 2003;
(2) the Company's operating income was coming in at 50% of
defendants' projections;
(3) the Company's restructuring charges were materially
exceeding previously disclosed levels;
(4) Asian consumer film and paper sales were being much
more adversely affected by severe acute respiratory
syndrome in the Company's Asian markets than Kodak had
budgeted for or led investors to believe;
(5) the Company's transition from silver halide based
technology to digital technologies was having a
dramatic adverse effect on its profitability by
reducing high-margin film sales;
(6) the Company was losing more ground to Fuji in U.S. film
sales than defendants had previously led investors to
believe, resulting in severe losses in market share;
(7) competition with Fuji was requiring defendants to slash
prices, cutting further into the Company's gross profit
margins; and
(8) the Company's internal controls were deficient,
preventing it from formulating reliable forecasts.
For more details, contact the Law Offices of Marc S. Henzel, 273
Montgomery Ave., Suite 202, Bala Cynwyd, PA, 19004, Phone:
610-660-8000 or 888-643-6735, Fax: 610-660-8080, E-Mail:
mhenzel182@aol.com.
EASTMAN KODAK: Schiffrin & Barroway Lodges Securities Suit in NY
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The law firm of Schiffrin & Barroway, LLP initiated a class
action lawsuit in the United States District Court for the
Western District of New York on behalf of all securities
purchasers of Eastman Kodak Company (NYSE: EK) ("Kodak" or the
"Company") between April 23, 2003 and September 25, 2003
inclusive (the "Class Period").
The complaint charges Kodak, Daniel A. Carp, and Robert H. Brust
with violations of the Securities Exchange Act of 1934. More
specifically, the Complaint alleges that the Company failed to
disclose and misrepresented the following material adverse
facts, which were known to defendants or recklessly disregarded
by them:
(1) that the Company was experiencing significant pricing
pressure from competitors;
(2) that the Company's core film and paper business was
declining;
(3) that as a consequence of the foregoing, the Company was
forced to make significant cuts to its dividend to pay
for substantial restructuring expenses;
(4) that the Company's future profits would decline due to
the switch from the high-margin film products to the
less profitable digital technology; and
(5) that the Company's statements regarding its growth and
progress lacked in all reasonable basis when made.
On September 25, 2003, the Company unveiled its plans for future
development. The discussion revealed that Kodak, in order to
maintain profitability, would have to switch from the high-
margin film and paper products to the less profitable digital
technology. The switch would negatively impact Kodak's future
earnings potential. Additionally, the restructuring of the
Company would result in a substantial dividend cut. The truth
about the Company's future prospects shocked the market. Shares
of Kodak fell $4.84 per share, or 17.93 percent, on September
25, 2003, to close at $22.15 per share.
For more details, contact Marc A. Topaz, Esq. or Darren J.
Check, Esq. of Schiffrin & Barroway, LLP, Phone: +1-888-299-7706
or +1-610-667-7706, E-mail: info@sbclasslaw.com, Web site:
http://www.sbclasslaw.com.
NAVARRE CORPORATION: Marc S. Henzel Files Securities Suit in MN
---------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a class action
lawsuit in the United States District Court for the District of
Minnesota on behalf of purchasers of Navarre Corporation
(Nasdaq: NAVR) between July 23, 2003 and May 31, 2005, inclusive
(the "Class Period") seeking to pursue remedies under the
Securities Exchange Act of 1934 (the "Exchange Act").
The action is pending against defendants Navarre, Eric H.
Paulson (CEO, President, Chairman) and James Gilbertson (CFO).
The complaint alleges that throughout the Class Period
defendants reported quarter after quarter of record results that
were purportedly achieved by successful execution of the
Company's strategy. As particularized in the complaint,
defendants' class period representations concerning the
Company's financial results and its business were materially
false and misleading for the following reasons:
(1) Defendants had materially inflated Navarre's reported
income by failing to properly recognize expenses
relating to executive deferred compensation;
(2) Defendants' seeming success was attributable, in
material part, to improper accounting;
(3) The Company's financial results, reported in press
releases and SEC filings were not, contrary to
defendants' express representations, prepared in
accordance with generally accepted accounting
principles;
(4) The certifications signed by defendants Paulson and
Gilbertson in Navarre's SEC filings, attesting to the
accuracy of the financial results included therein,
were false because the financial results were
artificially inflated through improper accounting;
(5) during the third fiscal quarter of 2005, Navarre
improperly recognized millions in deferred tax benefits
as income; and
(6) Navarre was experiencing a significant slowdown in
demand for its anti-virus software products that was
materially and negatively impacting its overall
business.
On May 31, 2005, Navarre issued a press release announcing that
it would postpone release of its fourth quarter and fiscal year
2005 results pending an accounting review focused on the
recognition of deferred compensation expense for payments made
to defendant Paulson and the classification of fiscal 2005 tax
items. In response to this announcement, the price of Navarre
common stock dropped from $9.00 per share on May 31, 2005 to
$8.02 per share on June 1, 2005, a one-day drop of 10.8% on
unusually heavy trading volume.
The complaint further alleges that defendants were motivated to
commit the wrongdoing alleged therein so that Navarre insiders,
including defendants Paulson and Gilbertson, could sell their
personally held Navarre shares at artificially inflated prices.
During the Class Period, insiders sold a total of 1,269,000
shares, for total proceeds of $16,183,254.58.
For more details, contact the Law Offices of Marc S. Henzel, 273
Montgomery Ave., Suite 202, Bala Cynwyd, PA, 19004, Phone:
610-660-8000 or 888-643-6735, Fax: 610-660-8080, E-Mail:
mhenzel182@aol.com.
NAVARRE CORPORATION: Lerach Coughlin Files Securities Suit in MN
----------------------------------------------------------------
The law firm of Lerach Coughlin Stoia Geller Rudman & Robbins
LLP ("Lerach Coughlin") initiated a class action in the United
States District Court for the District of Minnesota on behalf of
purchasers of Navarre Corporation ("Navarre") (NASDAQ:NAVR)
common stock during the period between January 21, 2004 and
February 22, 2005 (the "Class Period").
The complaint charges Navarre and certain of its officers and
directors with violations of the Securities Exchange Act of
1934. Navarre engages in the publication and distribution of
various home entertainment and multimedia products, including
personal computer software, audio and video titles, and
interactive games.
The complaint alleges that during the Class Period, defendants
made materially false and misleading statements regarding the
Company's business and financial results. On January 10, 2005,
Navarre announced the acquisition of FUNimation for $100 million
in cash and between 1.495 million and 1.827 million shares of
Navarre stock. After this announcement, Navarre's stock reached
its Class Period high of $18.77 per share. Defendants took
advantage of the inflation in Navarre's stock during the Class
Period, selling 994,362 shares of Navarre stock for proceeds of
$13.8 million.
On January 18, 2005, Navarre filed a registration statement with
the SEC to raise up to $140 million through the sale of its
common stock to fund the acquisition of FUNimation. On January
26, 2005, Navarre reported favorable third quarter fiscal 2005
results, which defendants said reflected "the continuing
execution of our strategic plan." Then, on February 22, 2005,
the Company suddenly withdrew its Registration Statement
initially filed for the purpose of funding its acquisition of
FUNimation. According to the complaint, this sudden withdrawal
reignited rumors that the Company's accounting was problematic.
On this news, the stock dropped to below $7 per share. Later,
the Company announced that it would have to postpone the release
of its fourth quarter and fiscal year 2005 financial results and
that it was reviewing the recognition and classification of
certain fiscal 2005 tax items.
For more details, contact William Lerach or Darren Robbins of
Lerach Coughlin, Phone: 800/449-4900 or 619/231-1058, E-mail:
wsl@lerachlaw.com, Web site:
http://www.lerachlaw.com/cases/navarre/.
PEMSTAR INC.: Schatz & Nobel Lodges Securities Fraud Suit in MN
---------------------------------------------------------------
The law firm of Schatz & Nobel, P.C. initiated a lawsuit seeking
class action status in the United States District Court for the
District of Minnesota on behalf of all persons who purchased the
publicly traded securities of PEMSTAR, Inc. (Nasdaq: PMTR)
("PEMSTAR" or the "Company") between January 29, 2003 to January
24, 2005, inclusive (the "Class Period").
The Complaint alleges that PEMSTAR and certain of its officers
and directors violated federal securities laws. Specifically,
defendants misrepresented the Company's business condition.
Throughout the Class Period, PEMSTAR suffered from extensive
liquidity constraints that inhibited PEMSTAR's ability to
achieve the necessary gross margin expansion that was required
for the Company to create and sustain accounting profits. The
Complaint alleges that defendants failed to disclose that the
Company needed gross margins of at least 9% in order to achieve
profitability, a level that defendants knew it was years away
from attaining. Additionally, defendants understated the
liabilities associated with its Mexican facilities and
overstated the Company's accounts receivables which had become
materially impaired.
On January 24, 2005, PEMSTAR issued a press release announcing
that it was revising its outlook for the fiscal 2005 third
quarter, implementing additional cost-reduction initiatives and
restating its financial results for its fiscal year ended March
31, 2004, due to accounting discrepancies at its Mexico
facility. By the time PEMSTAR made this disclosure, its common
stock had declined nearly 70% from its Class Period high.
For more details, contact Wayne T. Boulton or Nancy A. Kulesa of
Schatz & Nobel, P.C., Phone: +1-800-797-5499, E-mail:
sn06106@aol.com, Web site: http://www.snlaw.net.
*********
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*********
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Copyright 2004. All rights reserved. ISSN 1525-2272.
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