CAR_Public/070226.mbx             C L A S S   A C T I O N   R E P O R T E R

            Monday, February 26, 2007, Vol. 9, No. 40

                            Headlines


ACADEMY OF COURT: Students File Suit in Mich. Over Fake Degrees
ALABAMA: Jefferson County Seeks Transfer of Property Tax Suit
AMERICAS KITCHEN: Recalls Casserole for Possible Contamination
AT&T INC: Judge Walker Denies Complete Stay in Surveillance Case
AVIS BUDGET: N.J. Judge Dismisses Suit Over Refueling Charge

BEST BUY: Recalls Remote Controls for Insignia 100W DVDs
BIOMEDICAL TISSUE: Faces More than 100 Complaints in N.J. Court
ENRON CORP: Judge Harmon Denies Motion to Delay Trial in "Newby"
EXXON MOBIL: MTBE Pollution Suit by Fallston Residents Okayed
FIRST HORIZON: Settles Loan Origination Fees Lawsuit for $36.3M

KINDER MORGAN: N.Mex. High Court Grants Petition in "Heimann"
LARI JEWELRY: Recalls Children's Rings for Lead Poisoning Risk
MARRIOTT INTERNATIONAL: Bid to Dismiss Consumer Fraud Suit Fails
MASSACHUSETTS: Arguments Heard in Suit Against National Guard
METLIFE INC: Ind. Teachers Claim Fraud in 403(b) Plan Investment

MICHIGAN: Faces Litigation Over "Flawed" Public Defense Systems
NEW CENTURY: Lead Plaintiff Filing Deadline Set April 10
OHIO: Settles Lawsuit Over Legal Representation for Juveniles
ROCK HILL: Judge Grants Final OK to Investors' Suit Settlement
SALVATION ARMY: Sued by Former Residents of Eden Park Boys Home

SONS OF GWALIA: Recent Ruling Raises Status of Investors' Claims
SPELTER SMELTER: Parties Agree to Drop Defendant Nuzum Trucking
STAR TRIBUNE: Firms File Suit in Minn. Over Advertising Rates
SUDDENLINK COMMUNICATIONS: Sued Over High-Speed Internet Billing
SUPERVALU INC: Faces Litigation in Minn. Over Mislabeled Meat

TRANS CONTINENTAL: Faces Shareholder Suit in Fla. Circuit Court
WASHINGTON: Suit Over Daycare Centers Liability Insurance Junked
WOODWARD GOVERNOR: Ill. Court Approves $5M Labor Suit Settlement

       
                   New Securities Fraud Cases

NEW CENTURY: Cauley Bowman Announces Securities Suit Filing
NOVASTAR FINANCIAL: Schatz Nobel Announces Securities Filing
NOVASTAR FINANCIAL: Lerach Coughlin Announces Securities Suit
WHITNEY INFO: Gutride Safier Announces Securities Suit Filing


                           *********


ACADEMY OF COURT: Students File Suit in Mich. Over Fake Degrees
---------------------------------------------------------------
The Academy of Court Reporting Inc. and three related companies
are named defendants in a purported class action alleging that
defendants defrauded about 1,500 students of more than $15
million by promising to award degrees it was not authorized to
grant.

The suit was filed in the U.S. District Court for the Eastern
District of Michigan on Feb. 20.  It is seeking damages as well
as declaratory and injunctive relief.

Other defendants in the suit include:

      -- Delta Career Education Corp.,
      -- Gryphon Colleges Corp., and
      -- Gryphon Investors, Inc.

Plaintiffs in the litigation are three students enrolled at the
Clawson, Michigan campus of the Academy.  They are:

      -- Misty Laturnus,
      -- Sonya Parker, and
      -- Tashelia Bobbitt

According to the complaint, plaintiffs brought the suit on their
own behalf and on behalf of the class of all other students who
have been enrolled at the Clawson campus since at least 2002.  

Generally, the suit alleges that defendants fraudulently
misrepresented to plaintiffs that the Clawson campus was
accredited and authorized to grant Associate Degrees, when, in
fact, the State of Michigan has never authorized the campus to
grant degrees of any kind.

A copy of the complaint is available free of charge at:

              http://researcharchives.com/t/s?1a4c

The suit is "Bobbitt et al. v. Academy of Court Reporting,
Incorporated et al., Case No. 2:07-cv-10742-DML-VMM," filed in
the U.S. District Court for the Eastern District of Michigan
under Judge David M. Lawson with referral to Judge Virginia M.
Morgan.

Representing the plaintiffs is Thomas H. Howlett of Googasian
Law Firm, 6895 Telegraph Road, Bloomfield Hills, MI 48301-3138,
Phone: 248-540-3333, Fax: 248-540-7213, E-mail:
thowlett@googasian.com.


ALABAMA: Jefferson County Seeks Transfer of Property Tax Suit
-------------------------------------------------------------
Attorneys for Jefferson County are seeking to transfer to
federal court a purported class action filed against the county
over the collection of property taxes, The Birmingham News
reports.

Geneva Geter filed the case back in 2006 in Jefferson County
Circuit Court, claming the county failed to notify her that she
was due exemptions on her property taxes, then sold the house
three times after she failed to pay her taxes.  

The suit contends that Ms. Geter should have been exempt from
property taxes on the home.  

Ms. Geter claims that every time her home was sold for back
taxes, the county failed to notify her of the pending sale, then
didn't reimburse her for her costs each time she redeemed the
home.  She also claims that the county didn't tell her she was
due a refund for taxes she had overpaid.

Recently, Ms. Geter's attorney, Lee Loder, has sought class-
action status for the case.

However, the county has asked the state court to dismiss the
case and combine it with similar suits pending U.S. District
Court for the Northern District of Alabama that is headed toward
a settlement.  A decision on the request for a transfer has not
been made.
  
Lawyers in the federal case have asked Judge R. David Proctor to
approve a settlement that includes the county's reimbursing
property owners for profits the county made on some property
sold for delinquent taxes from 1992 to 2005.

The county has a pool of $32.5 million to make the payments, but
the actual amount to be paid will be determined by a settlement
administrator, who has not been named.  J.T. Smallwood, the
county's tax collector, estimated payments would total less than
$1 million.

For more details, contact Lee Wendell Loder, 1809 First Ave., N.
Birmingham, AL 35203-3110, Phone: (205) 326-0566.


AMERICAS KITCHEN: Recalls Casserole for Possible Contamination
--------------------------------------------------------------
Americas Kitchen of Alpharetta, Georgia, is recalling its 32-
ounce packages of "Wellsley Farms" Green Bean Casserole sold
from Sept. 1, 2006 through Feb. 22, 2007 because they have the
potential to be contaminated with Listeria monocytogenes, an
organism which can cause illness, mild, moderate or even severe.

Although healthy individuals may suffer only short-term symptoms
such as high fever, severe headache, stiffness, nausea,
abdominal pain and diarrhea, Listeria infection can cause more
serious illness in young children, frail or elderly people and
may even cause miscarriages or stillbirths.  No illnesses have
been reported to date in connection with this product.

The recalled "Wellsley Farms" Green Bean Casserole was
distributed nationwide in BJ's Wholesale Club retail stores.  
The product comes in a 32-ounce, clear plastic package marked
with SKU # 19866.

The potential for contamination was noted after routine testing
revealed the presence of Listeria monocytogenes in a 32-ounce
package of "Wellsley Farms" Green Bean Casserole.

The production of the product has been suspended while the
problem is being investigated.

Consumers who have purchased 32-ounce packages of "Wellsley
Farms" Green Bean Casserole marked SKU # 19866 are urged to
return them to the place of purchase for a full refund.

Consumers with questions may contact the company at 1-770-754-
0707 ext.1235.


AT&T INC: Judge Walker Denies Complete Stay in Surveillance Case
----------------------------------------------------------------
U.S. District Judge Vaughn Walker ruled that the Electronic
Frontier Foundation can go forward with elements of its class
action against AT&T Inc. for collaborating with the government
on illegal spying in ordinary Americans.  

In his ruling, Judge Walker opened the door to beginning the
discovery process, allowing EFF to ask "limited and targeted"
questions as long as those questions do not overlap with the
issues under consideration in the 9th U.S. Circuit Court of
Appeals.

"The government wanted to put this case in the deep freeze,"
said EFF Staff Attorney Kurt Opsahl.  The government and AT&T
had earlier requested to freeze proceedings during an appeal.

"Instead, the court has invited us to move forward with some
targeted questions.  We're glad to accept that invitation, which
will allow progress while respecting the government's national
security concerns."


Judge Walker also refused to implement a blanket stay on the
other telecommunications surveillance cases transferred to his
court.  He ruled that unless the parties stipulate to a stay,
then "defendants will answer or otherwise respond to the
complaint" by March 29.  Earlier on Feb. 20, Judge Walker denied
requests from media groups to unseal critical evidence in the
AT&T case.

"We're disappointed that the court did not choose to unseal all
of the documents that include or refer to the evidence presented
by Mark Klein and our expert, J. Scott Marcus.  The government
has already agreed that the evidence is neither classified nor a
state secret, and is only being held under seal because of
AT&T's weak trade secrecy claims," said Cindy Cohn, EFF's Legal
Director.  "Given that the privacy of millions of Americans is
at stake, we strongly believe that the public would benefit from
seeing this evidence for themselves."

Judge Walker did grant the media groups' request to intervene,
and said he might revisit the unsealing issue at a later date.

For Judge Walker's full order:
http://www.eff.org/legal/cases/att/stayorder220.pdf

For more on EFF's case against AT&T:
http://www.eff.org/legal/cases/att/

In 2006, a judicial panel of multidistrict litigation chaired by
Wm. Terrell Hodges ordered the transfer of 17 purported class
actions filed against several telecommunication companies to the
Northern District of California under Judge Walker for
coordinated or consolidated trial proceedings.

Twenty-one pending lawsuits have been consolidated under the
jurisdiction of a single court.   The cases are consolidated as:   
"In re National Security Agency Telecommunications Records   
Litigation, MDL-1791."  

Master consolidated complaints have been filed for:

     * AT&T Mobility and Cingular Wireless:           
       http://researcharchives.com/t/s?191a  

     * BellSouth
       http://researcharchives.com/t/s?191b

     * Sprint Nextel
       http://researcharchives.com/t/s?191c

     * T-Mobile, Comcast, Transworld, and McLeod
       http://researcharchives.com/t/s?191d

     * Verizon and MCI
       http://researcharchives.com/t/s?191e

Representing the plaintiffs are:           

     (1) Cindy Ann Cohn of Electronic Frontier Foundation, 454     
         Shotwell Street, San Francisco, CA 94110, Phone: 415-    
         436-9333 x 108, Fax: (415) 436-9993, E-mail:     
         cindy@eff.org; and     

     (2) Jeff D. Friedman of Lerach Coughlin Stoia Geller Rudman     
         & Robbins, LLP, 100 Pine Street, Suite 2600, San     
         Francisco, CA 94111, Phone: 415-288-4545, Fax: 415-288-     
         4534, E-mail: JFriedman@lerachlaw.com.        

Representing the defendants are Bruce A. Ericson and Jacob R.          
Sorensen of Pillsbury Winthrop Shaw Pittman, LLP, 50 Fremont          
St., Post Office Box 7880, San Francisco, CA 94120-7880, Phone:          
(415) 983-1000, Fax: (415) 983-1200, E-mail:          
bruce.ericson@pillsburylaw.com and  
jake.sorensen@pillsburylaw.com.


AVIS BUDGET: N.J. Judge Dismisses Suit Over Refueling Charge
------------------------------------------------------------
U.S. District Judge William Martini of the District of New
Jersey granted a motion by rental company Avis Budget Group Inc.
to dismiss a suit over its $5.99-a-gallon refueling charge,
Bloomberg News reports.

A customer, Andrew Ramon of San Antonio, filed the suit seeking
class-action status on a claim that the $5.99-a-gallon cost
charged by the company for refueling cars returned with less
than full tanks is "unreasonably large" and illegal.  The rate
is $3.85 a gallon above the market rate.

Judge Martini rejected Mr. Ramon's allegation of breach of
contract saying the contract was clear and that Mr. Ramon "not
only rejected the prepaid fuel option but agreed to the terms of
the refueling service charge, an avoidable fee of $5.99 per
gallon which was clearly identified and explained in the
agreement."

Judge Martini also rejected Mr. Ramon's arguments on several
legal grounds, including that the charge violated New Jersey
consumer fraud law.

The complaint "fails to identify or describe any
misrepresentations made by Budget with respect to the refueling
service charge," Judge Martini wrote.

The company operates Avis Rent a Car System, Budget Rent a Car
System and Budget Truck Rental System.

The suit is "Ramon v. Budget Rent a Car System, Inc., Case No.
2:06-cv-01905-WJM-MF."


BEST BUY: Recalls Remote Controls for Insignia 100W DVDs
--------------------------------------------------------
Best Buy Co. Inc., of Richfield, Minnesota, in cooperation with
the U.S. Consumer Product Safety Commission, is recalling about
10,000 remote controls sold with Insignia 100W DVD Compact Shelf
System.

The company said that if the batteries are placed backwards in
the remote control with the positive and negative sides
improperly switched, overheating can result and present a burn
hazard.

Best Buy has received one report of a remote control
overheating.  No injuries have been reported.

The white remote control has mode l number NS-A1113 and
"Insignia" printed on the front.  The keypad has black
numbers/letters.  The recalled remote controls were sold
exclusively with the Insignia 100W DVD Compact Shelf System.  
The remote controls were not sold separately.

These recalled remote controls were manufactured in China and
are being sold at Best Buy retail stores nationwide, bestbuy.com
and at bestbuybusiness.com from May 2006 through January 2007
for between $80 and $130 with the Insignia 100W DVD Players.

Picture of recalled remote controls:
http://www.cpsc.gov/cpscpub/prerel/prhtml07/07110.jpg

Consumers are advised to stop using the remote control
immediately and contact Best Buy to receive a free replacement
remote.

For additional information, contact Best Buy toll-free at (888)
809-7022 anytime or visit the firm's Web site:
http://www.BestBuy.com.


BIOMEDICAL TISSUE: Faces More than 100 Complaints in N.J. Court
---------------------------------------------------------------
The court-appointed overseer of several lawsuits over the
nationwide theft of human tissues and bones from cadavers for
use in surgeries, is now handling more than a 100 complaints
nationwide.

The total number of claims sent to Judge William J. Martini of
the U.S. District Court for the District of New Jersey has since
mushroomed to 110 patients nationwide, according to The Record.  
The complaints were filed by New Jersey patients who fear they
might have been exposed to infectious diseases from tainted
tissue and bone taken from cadavers and sold by the now-defunct
Biomedical Tissue Services laboratory.

The leader of the scheme, Michael Mastromarino, owner of
Biomedical Tissue Services, Inc., has been charged of operating
a corrupt $4.6 million enterprise to harvest human tissue from
funeral homes and sell it for use in transplants and research.

Other defendants in the suit include Regeneration Technologies
Inc., which processed and sterilized the body parts, and a   
subsidiary of Medtronic Sofamor Danek that distributed tissues.   
Plaintiffs are seeking class-action status for the suit.

A major issue to be considered by the judge is whether there is
a scientific consensus that sterilization of bone and tissue can
rid them of all disease.  "That could have a significant impact
on how this case evolves," according to Judge Martini.

One of the first suits to be filed was a federal case brought by
Arlene Sechtin of Ventnor City.   She filed her case as a class
action in January 2006.

In June 2006, the Judicial Panel on Multidistrict Litigation
ruled that Ms. Sechtin's suit, four other New Jersey cases and
one each from Ohio and Oklahoma would go through Judge Martini -
- along with all future "tag-alongs."

The Judicial Panel on Multidistrict Litigation, which sought to
coordinate complex cases filed in numerous states, tapped Judge
Martini for the task.

Previous issues of the Class Action Reporter, mentions these
cases against Biomedical Tissue:  

     -- a suit filed by New Jersey lawyer Ken Andres Jr. in  
        Superior Court in Atlantic County, New Jersey in  
        December;  

     -- a suit filed by plaintiff Brian Springer in Marion,  
        Indiana Superior Court (Class Action Reporter, Feb. 10,  
        2006);  

     -- a $210 million suit filed by Greg Monforton, President-  
        Elect of the Ontario Trial Lawyers Association, in  
        Windsor, Ontario, Canada (Class Action Reporter, Mar.  
        24, 2006);  

     -- "Jackson v. Biomedical Tissue Services, Ltd. et al.  
        (2:06-cv-01323-WJM-RJH)," filed in the U.S. District  
        Court of New Jersey (Class Action Reporter, Mar. 27,  
        2006); and  

     -- "Symonds v. Biomedical Tissue Services, Ltd., et al.,  
        Case No. 3:06-cv-03020-MWB," filed in the U.S. District  
        Court for the Northern District of Iowa (Class Action  
        Reporter, Apr. 28, 2006).

For more details, contact Lawrence R. Cohan of Anapol, Schwartz,
Weiss, Cohan, Feldman & Smalley, P.C., 1040 Kings Highway, N.
Cherry Hill, NJ 08034, Phone: 1-866-735-2792, Web site:
http://www.anapolschwartz.com/.


ENRON CORP: Judge Harmon Denies Motion to Delay Trial in "Newby"
----------------------------------------------------------------
U.S. District Judge Melinda Harmon denied a motion by Merrill
Lynch & Co., Credit Suisse First Boston and Barclays Plc in the
suit, "Newby et al. v. Enron Corp., (H-01-3624)," to delay a
trial while the 5th U.S. Circuit Court of Appeals rules on
whether the case can proceed as a class action.

On a Feb. 21 ruling, Judge Harmon said there should be no
postponement, because of the uncertainty of when the appeals
court would rule.  Jury selection was set for April 9.

The banks and investment firm defendants had requested the
postponement saying the 5th Circuit's decision could
significantly alter the definition of the lawsuit's class status
as well as the claims and defenses to be presented at trial.

Several weeks ago, Merrill Lynch & Co. and Credit Suisse First
Boston asked the appeals court to end a class action by Enron
investors, who are seeking the $40 billion that they lost when
the energy trader collapsed in 2001.

Both companies argued that Judge Harmon was wrong to allow the
Enron investors to sue as a group.  The point of the argument is
whether the banks were "primary violators" and thus liable for
losses from the company's bankruptcy.

On Dec. 2, 2001, Enron filed for Chapter 11 bankruptcy.  On July
5, Judge Harmon granted class-action status to shareholders'
suit.

In January, the federal court dismissed from the suit the estate
of deceased former Enron Chairman Kenneth Lay and Vinson &
Elkins, Enron's former outside law firms.
Along with Merrill Lynch and Credit Suisse, the other defendants
in the shareholders' suit are Royal Bank of Canada, Royal Bank
of Scotland and Toronto-Dominion Bank.

The University of California Board of Regents, lead plaintiff in
a securities suit, has reached settlements with Lehman Brothers,  
Bank of America, the Outside Directors, Citigroup, JP Morgan  
Chase and CIBC totaling over $7 billion for investors.

Lerach Coughlin Stoia Geller Rudman & Robbins LLP represents the
Regents of the University of California.

Representing the plaintiffs is Patrick J. Coughlin of Lerach
Coughlin Stoia Geller Rudman & Robbins, LLP, Phone: (415) 288-
4545, E-mail: patc@lerachlaw.com, Web site:
http://www.lerachlaw.com.


EXXON MOBIL: MTBE Pollution Suit by Fallston Residents Okayed
-------------------------------------------------------------
Judge Shira A. Scheindlin certified as class action a suit filed
by Fallston (Maryland) residents against Exxon Mobil Corp. for
future and past contamination of their wells by the gasoline
additive methyl tertiary-butyl ether, Laura Barnhardt of the
Baltimore Sun reports.

Included in the suit are residents whose wells have been tainted
by methyl tertiary-butyl ether and those whose wells have not
shown levels of the additive but who may have been affected by
declining property values.  The suit will cover Fallston
homeowners within 20 square miles of the contaminated area.  

The judge allowed members of the class to seek reimbursement
from Exxon Mobil and a former Exxon station for the cost of
medical testing to determine whether exposure to tainted water
causes medical problems in the future.  But the judge said those
seeking reimbursement for medical testing couldn't be part of
the class on those grounds alone, according to the report.

Representing the plaintiffs are Mary V. Koch of Engel & Engel
and Brower Piven (http://www.browerpiven.com/).


FIRST HORIZON: Settles Loan Origination Fees Lawsuit for $36.3M
---------------------------------------------------------------
First Horizon National Corp. reached a preliminary $36.3 million
settlement in a class action related to the charging of certain
loan origination fees to customers in Missouri.

The company said the settlement is subject to court approval and
is still subject to a fairness hearing later this year.

In 2006, First Horizon entered into a verbal agreement in
principle after a mediation, to settle the class action, which
has been pending against it since 2000 (Class Action Reporter,
Aug. 31, 2006).

The case generally concerned the charging of certain loan
origination fees, including fees permitted by Kansas and federal
law but allegedly restricted or not permitted by Missouri law,
when First Horizon Home Loans or its predecessor, McGuire
Mortgage Co., made certain second-lien mortgage loans, most of
them in the Kansas City market, which straddles Kansas and
Missouri.


KINDER MORGAN: N.Mex. High Court Grants Petition in "Heimann"
-------------------------------------------------------------
The New Mexico Supreme Court granted a petition for writ of
certiorari filed by Kinder Morgan in a purported class action
filed by J. Casper Heimann, Pecos Slope Royalty Trust and Rio
Petro Ltd. against Kinder Morgan CO2 Co., L.P.

The suit, No. 04-26-CL., was filed individually and on behalf of
all other private royalty and overriding royalty owners in the
Bravo Dome Carbon Dioxide Unit, New Mexico.

This case -- originally filed in the 8th Judicial District
Court, Union County New Mexico -- involves a purported class
action against Kinder Morgan CO2 Co., L.P. alleging that it has
failed to pay the full royalty and overriding royalty (royalty
interests) on the true and proper settlement value of compressed
carbon dioxide produced from the Bravo Dome Unit in the period
beginning Jan. 1, 2000.

The complaint purports to assert claims for violation of the New
Mexico Unfair Practices Act, constructive fraud, breach of
contract and of the covenant of good faith and fair dealing,
breach of the implied covenant to market, and claims for an
accounting, unjust enrichment, and injunctive relief.

The purported class is comprised of current and former owners,
during the period January 2000 to the present, who have private
property royalty interests burdening the oil and gas leases held
by the defendant, excluding the Commissioner of Public Lands,
the U.S. of America, and those private royalty interests that
are not unitized as part of the Bravo Dome Unit.

Plaintiffs allege that they were members of a class previously
certified as a class action by the U.S. District Court for the
District of New Mexico in the matter, "Doris Feerer, et al. v.
Amoco Production Company, et al., Case No. 95-0012."

Plaintiffs also allege that Kinder Morgan CO2 Co.'s method of
paying royalty interests is contrary to the settlement of
"Feerer."

Kinder Morgan CO2 Co. has filed a motion to compel arbitration
of this matter pursuant to the arbitration provisions contained
in the Feerer suit settlement agreement, which motion was denied
by the trial court.

Kinder Morgan appealed that ruling to the New Mexico Court of
Appeals.  Oral arguments took place before the New Mexico Court
of Appeals on March 23, 2006, and it affirmed the district
court's order on Aug. 8, 2006.

Kinder Morgan filed a petition for writ of certiorari in the New
Mexico Supreme Court.  The New Mexico Supreme Court granted the
petition on Oct. 11, 2006.


LARI JEWELRY: Recalls Children's Rings for Lead Poisoning Risk
--------------------------------------------------------------
Lari Jewelry Co., of New Orleans, Louisiana, in cooperation with
the U.S. Consumer Product Safety Commission, is recalling about
115,000 "Claudia Jublot" children's rings.

The company said the recalled jewelry contains high levels of
lead.  Lead is toxic if ingested by young children and can cause
adverse health effects.  No injuries have been reported.

The recalled rings are silver in color with red paint and a
simulated diamond cluster on the top.  The ring's packaging is a
yellow card with "Claudia Jublot" printed on the front and UPC #
"1524100121266045" on the back.

These recalled children's rings were manufactured in China and
are being sold at Big Lots! stores nationwide from October 2004
through January 2006 for about $3.

Picture of recalled children's rings:
http://www.cpsc.gov/cpscpub/prerel/prhtml07/07114.jpg

Consumers are advised to immediately take this jewelry away from
children.  Further, consumers are advised to return the recalled
jewelry to the store where purchased for a full refund.

For additional information, contact Lari Jewelry Co. toll-free
at (866) 524-0024 anytime or visit the Big Lots! Web site:
http://www.biglots.com.


MARRIOTT INTERNATIONAL: Bid to Dismiss Consumer Fraud Suit Fails
----------------------------------------------------------------
Judge Gladys Kessler of the U.S. District Court for the District
of Columbia denied Marriott International, Inc.'s attempt to
dismiss a class action alleging that Marriott misrepresents its
room rates at its hotels in Moscow, Russia.

In 2005, the Cullen Law Firm, PLLC initiated a consumer class
action in the Superior Court of the District of Columbia against
Marriott International, Inc., on behalf of all guests of
Marriott's hotels in Moscow since May 13, 2002 (Class Action
Reporter, May 17, 2005).

The complaint, filed under the District of Columbia Consumer
Protection Procedures Act, alleges that Marriott made deceptive
and misleading representations through its worldwide, internet-
based reservation system on the rates that would be charged at
its hotel properties in Russia.

According to the complaint, Marriott quotes rates in U.S.
dollars knowing that the final hotel bill will be paid in
Russian rubles in amounts that are higher than those calculated
at the official exchange rate.  Hotel guests find out about the
problem when they get their credit card statement in dollars.

According to the complaint, consumers generally end up paying 18
percent more than the amount quoted by Marriott when their
reservations were made.

Earlier, Judge Kessler denied Marriott's motion to dismiss the
complaint, finding that the District of Columbia has a stronger
interest than any other potential jurisdictions in protecting
the interests of residents of the District of Columbia and in
regulating the business practices of its corporate citizens.  
The Court rejected Marriott's argument that the claims should be
litigated in a Russian court under Russian law because the
events occurred in Russia.

The court found that the witnesses and evidence necessary to
prove plaintiffs' allegations are more convenient to the
District of Columbia than to Moscow, stating that the accuracy
of information available on Marriott's website and the policies
relating to the website are more likely to be formulated at
Marriott's headquarters in D.C. than at the Moscow hotel.

Judge Kessler determined that the plaintiffs' claims would be
governed by the law of the District of Columbia.  The court
recognized that the plaintiffs were all either American citizens
or legal residents, and that Marriott's own representations to
the public establish its headquarters in the District of
Columbia.

The complaint points to numerous public statements made by
Marriott that it is headquartered in the nation's capitol.
However, it argued to Judge Kessler that it was really
headquartered in Maryland.

Judge Kessler found that these inconsistent positions further
supported the application of District of Columbia law.

Additionally, the allegations of wrongdoing are brought under a
District of Columbia statute.  The court held that the "District
of Columbia, with its interests in protecting consumers and
promoting fair business practices by corporate entities
headquartered within the city limits, has the most significant
relationship to this case."

The court also found that the D.C. consumer protection law can
be applied to residents outside the District of Columbia, citing
cases approving the application of the statute in a class action
context where potential class members claims arose outside of
the District of Columbia.

"These findings by the Court will go a long way in supporting
class-wide relief for all those who have been harmed by the
alleged practices," said Paul D. Cullen, Sr., counsel for the
plaintiffs in this case.

Mr. Cullen estimates that there have been several hundred
thousand of hotel guests victimized by the deceptive practices
alleged in the complaint during the period covered by the three-
year statute of limitations.

The complaint seeks statutory damages of $1,500 per violation of
the D.C. Consumer Protection Procedures Act, plus injunctive
relief restraining Marriott from continuing the alleged conduct.

A copy of the judge's decision is available free of charge at:

             http://ResearchArchives.com/t/s?1a54

The suit is "Shaw v. Marriott International, Inc., Case No.
1:05-cv-01138-GK," filed in the U.S. District Court for the
District of Columbia under Judge Gladys Kessler.

Representing the plaintiffs are Daniel Eric Cohen and Paul
Damian Cullen, both of The Cullen Law Firm, PLLC, 1101 30th
Street, NW, Suite 300, Washington, DC 20007, Phone: (202) 944-
8600, Fax: (202) 944-8611, E-mail: dec@cullenlaw.com or
pdc@cullenlaw.com.

Representing defendants are

     (1) Benjamin S. Boyd and Jeffrey E. Gordon both of DLA
         Piper US, LLP, 1200 19th Street, NW, 7th Floor,
         Washington, DC 20036-2430, Phone: (202) 861-3900 or
         (410) 580-3000, Fax: (202) 223-2085, E-mail:
         benjamin.boyd@piperrudnick.com or
         jeffrey.gordon@dlapiper.com; and

     (2) Sonia Cho of DLA Piper Rudnick Gray Cary US, LLP, 6225
         Smith Avenue, Baltimore, MD 21209, Phone: (410) 580-
         4156, Fax: (410) 580-3156, E-mail:
         sonia.cho@dlapiper.com.


MASSACHUSETTS: Arguments Heard in Suit Against National Guard  
-------------------------------------------------------------
The U.S. District Court for the District of Massachusetts is to
rule soon on whether a lawsuit accusing the state's National
Guard of shortchanging soldiers can be turned into a class
action, Jack Flynn of The Republican reports.

In a Feb. 21 hearing, Judge Richard G. Stearns said that he will
decide whether to expand the suit to allow other plaintiffs,
transfer it to the U.S. Court of Federal Claims in Washington,
D.C., or dismiss it, as requested by the U.S. Attorney's office.

Previously, Assistant U.S. Attorney Mark Quinlivan argued that
the case, which names the U.S. Department of Defense as a
defendant, should be dismissed or transferred to the Court of
Federal Claims, which handles suits against the government for
monetary damages.

However, John Shek, a Boston attorney representing the four lead
plaintiffs in the case, argued that the case falls under the
jurisdiction of the district court.

                        Case Background

In 2006, four soldiers claimed that they were denied
reimbursement for meals, travel and lodging while guarding
potential targets after the Sept. 11, 2001 terrorist attacks
(Class Action Reporter, Oct. 13, 2006).  

Specific plaintiffs named are Sgt. Steven M. Littlefield, of
Manomet; Sgt. Wayne R. Gutierrez, of New Bedford; retired Capt.
Louis P. Tortorella, of Brookline, New Hampshire; and Spc.
Joseph P. Murphy, of Derry, New Hampshire.

They were among many National Guardsmen activated for temporary
duty in early December 2001.  In the post Sept. 11 anti-terror
environment, their assignments included security patrols, lock-
downs and construction projects at bases across the state.

The suit names the Department of Defense and the Massachusetts
National Guard as defendants.  

It seeks $73 million in compensation and argues there could be
as many as 1,000 Massachusetts National Guard soldiers who
deserve reimbursements.

The suit is "Tortorella et al. v. U.S. of America et al., Case
No. 1:06-cv-10054-RGS," filed in the U.S. District Court for the
District of Massachusetts under Judge Richard G. Stearns.  
Representing the plaintiffs are:

     (1) John R. Shek of Weston, Patrick, Willard & Redding, PA,
         84 State Street, 11th Floor, Boston, MA 02109-2299,
         Phone: 617-742-9310, Fax: 617-742-5734, E-mail:
         jrs@wpwr.com; and  

     (2) Constance A. Driscoll of Stevens Law Office, 127
         Mountain Road, P.O. Box 1200, Stowe, VT 05672, US,
         Phone: 802-253-8547, Fax: 802-253-9945, E-mail:
         constance.driscoll@stowelawyers.com.

Representing the defendants are:

     (i) Mark T. Quinlivan, United States Attorney's Office, 1
         Courthouse Way, Boston, MA 02210, Phone: 617-748-3606,
         Fax: 617-748-3969, E-mail: mark.quinlivan@usdoj.gov;
         and

    (ii) Brian M. Donovan, Office of the Attorney General, Room
         1813, One Ashburton Place, Boston, MA 02108, Phone:
         617-727-2200, Fax: 617-727-3076, E-mail:
         brian.donovan@ago.state.ma.us.


METLIFE INC: Ind. Teachers Claim Fraud in 403(b) Plan Investment
----------------------------------------------------------------
Several Indiana teachers filed a lawsuit against Metlife Inc.
and the Indiana Teachers' Association Administrative Services
over an alleged conspiracy that favored investing retirement
funds with Metlife, reports say.

Merrillville attorney Glenn Vician represents plaintiffs:

    -- Daniel Spears, from Porter County;
    -- Katherine Lang, from Porter County;
    -- Daniel Massa, from Porter County;
    -- Jeffrey Yelton, from Lake County; and
    -- Raymond Commers, from LaPorte County.

They accuse the defendants of rigging retirement options to
favor Metlife.

The suit was filed in Lake County Superior Court in Crown Point,
Indiana on Feb. 16, according to Herald-Argus.

The Indiana Legislature in June 2002 passed a bill allowing
school corporations that fund teacher retirement plans to borrow
funds to pay accrued teacher retirement obligations.  Teachers
could then choose to invest into 403(b) plans.

The suit alleges Metlife and the Indiana Teachers' Financial
Services Corp. is in violation of the Indiana Securities Act,
the Indiana Consumer Deceptive Practices Act and the Rackateer
Influence and Corrupt Organization Act.

It contends Metlife paid Indiana Teachers' Association
Administrative Services to promote Metlife over other insurance
options in an effort to control up to $1 billion in retirement
funds.

It asks for "an amount equal to three times the actual damage,
the cost of this action, attorney fees and punitive damages."

Glenn S. Vician is with Bowman, Heintz, Boscia & Vician, 8605
Broadway, Merrillville, IN 46410-5598, Phone: (219) 769-6671 or
(800) 228-8996, Fax: (219) 738-3044 or (317) 231-6570.


MICHIGAN: Faces Litigation Over "Flawed" Public Defense Systems
---------------------------------------------------------------
The State of Michigan and Governor Jennifer Granholm were named
as defendants in a purported class action alleging that they
failed to fulfill their constitutional obligation to provide
adequate defense services to those who cannot afford private
counsel.  

The suit, "Duncan et al. v. State of Michigan," was filed in
Ingham County Circuit Court.  It does not ask any monetary
damages, but seeks class-action status with the aim of improving
indigents' defense system statewide.

It claims that the state has long abdicated its constitutional
duty to ensure that citizens accused of crimes receive timely,
qualified, appropriately-resourced lawyers for their defense.

Plaintiffs in the case are individuals facing felony charges in
Berrien, Muskegon and Genesee Counties who cannot afford private
counsel.  

They brought the suit on behalf of themselves and all defendants
in Berrien, Muskegon, and Genesee Counties, who are charged or
will be charged with felony crimes and who cannot afford private
counsel, and are instead relying on public defenders.

According to the suit, public defenders are burdened by
overwhelming caseloads and don't meet with clients or have
enough time to prepare for important proceedings.

Essentially, the suit calls on the court to declare the current
public defense systems of three counties - Muskegon County,
Berrien County, and Genesee County - unconstitutional and compel
the state to provide representation consistent with national
standards and constitutional norms.

Backing the plaintiffs in the litigation is the newly formed
Michigan Coalition for Justice, a diverse group of organizations
and individuals committed to reform of Michigan's public defense
system.  

Michigan Coalition for Justice members include the American
Civil Liberties Union, the ACLU of Michigan, the Brennan Center
for Justice, the law firm of Cravath, Swaine & Moore, and the
National Association of Criminal Defense Lawyers.

A copy of the complaint is available free of charge at:
              http://researcharchives.com/t/s?1a4d

For more details, contact Stephanie Chang of The Michigan
Coalition for Justice, 60 W. Hancock, Detroit, MI 48201 Phone:
(313) 578-6808, E-mail: schang@aclumich.org, Web site:
http://www.micoalitionforjustice.org/.


NEW CENTURY: Lead Plaintiff Filing Deadline Set April 10
--------------------------------------------------------
Pomerantz Haudek Block Grossman & Gross LLP reminds investors of
New Century Financial Corp. (NEW) that April 10, 2007 is the
deadline to ask the court for appointment as lead plaintiff.

Pomerantz filed a class action in the U.S. District Court,
Central District of California, against New Century and certain
officers, on behalf of purchasers of the common stock of the
company during the period from May 4, 2006 through Feb. 7, 2007,
inclusive.  The complaint alleges violations of Section 10(b)
and Section 20(a) of the U.S. Securities Exchange Act, and Rule
10b-5 promulgated there under.

New Century is a real estate investment trust and mortgage
finance company with headquarters in Irvine, California.  The
company operates nationwide through its mortgage origination
subsidiaries, New Century Finance Corporation and Home123
Corporation.

The complaint alleges that defendants materially overstated
earnings, understated loan repurchases losses, failed to
establish a sufficient load repurchase loss reserve, and
violated Generally Accepted Accounting Principals in various
press releases and quarterly reports filed with the U.S.
Securities and Exchange Commission.

In particular, defendants:

     -- failed to include the expected discount upon
        disposition of loans when estimating allowances for
        loan repurchase losses; and

     -- refused to properly consider the increasing volume of
        repurchase requests and thereby failed to apply the
        proper methodology for estimating the volume of
        anticipated repurchase claims for calculating the
        repurchase reserve calculation.

On Feb. 7, 2007, defendants issued a press release admitting
that they had failed to properly apply GAAP, withdrawing
reliance on the previously-filed 10-Q quarterly reports for the
first three quarters of 2006, and conceding that they would have
to materially restate New Century's financials to reflect the
proper accounting for loan repurchase losses.

The Pomerantz Firm on the Net: http://www.pomerantzlaw.com,
Contact Teresa L. Webb (tlwebb@pomlaw.com) or Carolyn S.
Moskowitz (csmoskowitz@pomlaw.com), Toll-free number:
888.476.6529 (or 888.4-POMLAW).


OHIO: Settles Lawsuit Over Legal Representation for Juveniles
-------------------------------------------------------------
A federal court preliminarily approved on Jan. 12 a settlement
between the state's Department of Youth Services and plaintiffs
in a suit alleging the government illegally denies legal
representation to juvenile offenders, according to Associated
Press.

A final approval hearing is set March 6.  Under the settlement,
the department will create a formal program to make it easier
for offenders to find lawyers and file claims over the length or
conditions of their detention.  The state did not admit
wrongdoing.

The Children's Law Center, the American Civil Liberties Union
and private lawyers representing the juveniles will get $190,000
in fees and expenses under the settlement.

The suit was filed three years ago by the Children's Law Center,
an advocacy group in Covington, Kentucky.  It claims that the
plaintiffs were routinely denied access to lawyers when they
wanted to pursue grievances against Youth Services in court.

The lead plaintiff had been sexually assaulted by a guard while
in custody.  She won an undisclosed settlement last year in the
Ohio Court of Claims, said her lawyer, Benson Wolman executive
director of the Equal Justice Foundation in Columbus.  Because
of that settlement, a separate federal lawsuit was recently
dismissed, according to the report.


ROCK HILL: Judge Grants Final OK to Investors' Suit Settlement
--------------------------------------------------------------
The settlement of two class actions brought by shareholders of
the now-defunct Rock Hill Bank and Trust (RHB&T) was given final
approval recently, WIS TV reports.

At a Feb. 23, 2007 final hearing at the York County
Courthouse in South Carolina, 5th Circuit Judge Ernest Kinard
Jr. of Camden approved the settlement of two class actions
brought by shareholders of RHB&T.

Under the settlement, 1,100 shareholders will split $1.3 million
or $1.02 per share.  

Lawsuits were filed against RHB&T after irregularities were
found in the commercial loan department of the company.  Named
in the suits are two bank officers and eight directors, former
president Rob Herron, and the accounting firm of Tourville
Simpson and Caskey, which was dissolved and sold.

The class action states that the bank had losses two straight
years because of employee misconduct.  It also claims officers
and directors failed to monitor employees and loan activity.

Rock Hill was subsequently sold to the South Financial Group,
which held 22% of RHB&T's stock at the time, for $8.8 million as
part of a recovery plan.

A $2.1 million preliminary settlement was reached later for two
class actions brought by shareholders (Class Action Reporter,
Dec. 22, 2006).

Court documents revealed that the agreement essentially gives
members of one of the suits about $2,095,000, or $1.02 per share
after expenses and fees.

Another $100,000 is proposed for settling the second lawsuit,
which was thrown out of court in January and is currently being
appealed (Class Action Reporter, Feb. 20, 2007).

Plaintiffs are represented by T. English McCutchen, 1414 Lady
Street Columbia, South Carolina 29201, Phone: (803) 799-9791,
Fax: (803) 253-6084, E-mail: emccutchen@mbjb.com, Web site:
http://www.mbjb.com.


SALVATION ARMY: Sued by Former Residents of Eden Park Boys Home
---------------------------------------------------------------
The Salvation Army is facing a class action filed by 13 former
residents at the former Eden Park Boys Home in Mt. Barker,
Adelaide Hills, Australia.  The plaintiffs claim they were
abused by workers while at the center, the Sunday Mail (SA),
reports.

The lawsuit is seeking several millions in compensation.  A case
conference is set on March 8 and 9 in Adelaide.

The Salvation Army and the South Australian Government jointly
ran the home, which was closed in 1982.

Representing the plaintiffs is lawyer Peter Humphries.


SONS OF GWALIA: Recent Ruling Raises Status of Investors' Claims
----------------------------------------------------------------
The High Court of Australia dismissed appeals by administrators
of Sons of Gwalia Limited and ING Investment Management LLC -- a
major unsecured creditor of the company -- against earlier
judgments by the Federal Court of Australia in a fraud suit
filed by a shareholder against the company.

On March 1, 2006, Luka Margaretic initiated a legal action
against Sons of Gwalia claiming that the company has breached
continuous disclosure obligations and engaged in misleading and
deceptive conduct.

An earlier ruling by a federal court in the case stated that a
claim by a shareholder on the basis of misrepresentations by the
company was not brought in his capacity as a shareholder and
therefore was not subordinate to the claims of conventional
unsecured creditors.

In recent developments, Chief Justice Murray Gleeson said in his
ruling that it is important that defrauded shareholders had
equal standing with creditors since they are most in need of
protection when a company goes bust, according to The
Australian.

The decision effectively elevated a group of shareholder claims
to equality with the claims of the general body of unsecured
creditors.  It means that shareholders of the Western Australian
gold mining company who are part of an IMF (Australia) Ltd.-
funded class action will rank equally with unsecured creditors
for any distribution.

On Nov. 26, 2004, IMF announces its decision to proceed with
litigation funding for shareholders of Sons of Gwalia, claiming
damages by virtue of the failure of the company to keep the
market continuously informed as to its gold reserves and
resources and its forward sale commitments, according to
information posted at the Web site of deListed, a division of
BRG Pacific Pty Ltd.

In February 2006, Sons of Gwalia -- http://sog.com.au/--  
announced that it will undertake an operational restructure.  It
is under a Deeds of Company Arrangement.


SPELTER SMELTER: Parties Agree to Drop Defendant Nuzum Trucking
---------------------------------------------------------------
All parties involved in the Spelter Smelter class action agreed
to dismiss defendants Joe Paushel and Nuzum Trucking Co. from
the suit during a monthly status hearing held on Feb. 22 in
Harrison County Circuit Court, WBOY-TV (West Virginia) reports.

The parties did not agree to formally dismiss T.L. Diamond and
Co., but will discuss their involvement at a later date.  
Another issue in the hearing concerns the parties that have
opted out of the case.  Attorneys for the plaintiffs said there
were about 7,200 properties affected by this case, 133 of them
have opted out of the suit.

In the suit, plaintiffs who are residents in West Virginia
allege that hazardous substances from the Spelter Smelter
facility, located in Spelter, Harrison County, West Virginia,
have been released onto private real property in the Class Area,
and that these substances have health risks.  Plaintiffs allege
that the released hazardous substances include arsenic, cadmium
and lead.

Name plaintiffs are Lenora Perrine, Carolyn Holbert, Waunona
Messinger Crouser, Rebeccah Morlock, Anthony Beezel, Mary
Montgomery, Mary Luzader, Truman r. Desist, and Larry Beezel,
and Joseph Bradshaw.

Defendants dispute that hazardous substances from the Spelter
Smelter facility have covered the entire class area, and dispute
that plaintiffs are entitled to any damages, medical monitoring,
or other relief.

On Sept. 14, 2006, Honorable Thomas A. Bedell certified two
classes, and determined that the claims in this case be
maintained as a class action:

     -- The Property Class consists of those who currently own,
        or who on or after Dec. 1, 2003 have owned, private real
        property lying within the Class Area;
   
     -- The Medical Monitoring Class consists of those who
        currently reside, or who at any time in the past have
        resided for a total of 277 days on private real property
        lying within the Class Area.

Excluded from the Property Class are those who owned property
within the class area, but only before Dec. 1, 2003 or only
after Sept. 14, 2006.

Excluded from the Medical Monitoring Class are persons who
resided in the Class Area less than a total of 277 days.

Also excluded from the class action are defendants in this case,
any entity in which a defendant has a controlling interest, or a
current employee, officer, director, legal representative, heir
successor, assign, or spouse of a defendant in this case.

Parties will decide what issues to bring up on the jury
questionnaires at next month's status hearing, according to the
report.

The remaining defendants, excluding T.L. Diamond & Company,
Inc., are:

     * E.I. Du Pont Nemours and Co.,
     * Meadowbrook Corp.,
     * Matthiessen & Hegeler Zinc Company, Inc.

The suit is Case No. 04-C-296-2.  Representing the plaintiffs
are:

     (1) Mike Papantonio, Virginia Buchanan, Steven A. Medina,
         Neil E. McWilliams, Jr. at Levin, Papantonio, Thomas,
         Mitchell, Echsner & Proctor, P.A., P.O. Box 12308
         316 S. Baylen Street, Suite 600, Pensacola, Florida
         32591, Toll-free: 1-888-435-7001, Fax: 850-436-6074;

     (2) J. Farrest Taylor and Angela Mason at Cochran, Cherry,
         Givens, Smith, Lane & Taylor, P.C., 163 W. Main Street
         Dothan, Alabama 36302, Toll-free: 1-888-526-2472, Fax:
         334-793-8280;

     (3) Gary W. Rich at the Law Office of Gary W. Rich, L.C.,
         Brock, Reed & Wade Building, 212 High Street, Suite 223
         Morgantown, West Virginia 26505, Phone: 304-292-1215;

     (4) Perry Jones at West & Jones, 360 Washington Avenue
         Clarksburg, West Virginia 26302, Phone: 304-624-5501;

     (5) Robert F. Kennedy, Jr. and Kevin Madonna at Kennedy &
         Madonna, L.L.P., 48 Dewitt Mills Road, Hurley, New York
         12443, Phone: 845-331-7514.


STAR TRIBUNE: Firms File Suit in Minn. Over Advertising Rates
-------------------------------------------------------------
The Star Tribune of Minneapolis, Minnesota faces a purported
class action filed by advertisers who are claiming that the
newspaper overstated circulation figures and charged excessively
high advertising rates, The Pioneer Press reports.

Coon Rapids Lincoln Mercury, Inc. and Custom Search Inc. filed
the suit.  However, just recently an attorney revealed that
Custom Search is pulling out of case.

The suit was filed in Hennepin County District Court back in
October 2006.  It seeks class-action status for all Star Tribune
advertisers from 2001 through 2006.  

Basically, the suit alleges that the Star Tribune dumped excess
newspapers on businesses such as hotels and on schools,
inflating its circulation figures during key reporting times
that help determine advertising rates.

For its part, Ben Taylor, Star Tribune's senior vice president
for marketing and communications, has stated that circulation
audits by an industry group showed that no adjustments were
required for newspaper's reported numbers.  

According to Mr. Taylor, The Audit Bureau of Circulations has
stated that they are "squeaky clean."  "That will be our
position in court," he adds.


SUDDENLINK COMMUNICATIONS: Sued Over High-Speed Internet Billing
----------------------------------------------------------------
Internet customer Laura Alvis of Charleston, West Virginia is
suing Suddenlink Communications, formerly Cebridge
Communications, claiming she was overcharged $10 a month for
high-speed Internet service, Kris Wise of the Daily Mail
reports.

Ms. Alvis claim she was billed $39.99 a month to subscribe to
the company's 384K high-speed Internet service that the company
allegedly advertised for $29.99 a month.  She wants to represent
a class of Suddenlink customers who subscribed to the same
service and were overcharged.

The suit was filed in Kanawha County Circuit Court on Feb. 8 and
already has been assigned to Judge Tod Kaufman.

Ms. Alvis is seeking no more than $75,000 in damages.  All
potential plaintiffs in the class action are altogether seeking
no more than $5 million in damages, according to the report.

Ms. Alvis' attorney is Harry F. Bell of Bell & Bands PLLC --
http://www.belllaw.com/ -- in Charleston.

Suddenlink Communications on the Net: http://www.suddenlink.com/


SUPERVALU INC: Faces Litigation in Minn. Over Mislabeled Meat
-------------------------------------------------------------
Supervalu Inc. faces a purported class action in Anoka County,
Minnesota over allegations that it has mislabeled beef at Cub
Foods stores in the state, KARE 11 reports.

Michael Olson and John Wylde, a pair of grocery store shoppers
filed the suit, claiming that ordinary beef was labeled as a
more expensive Black Angus cut.

According to plaintiffs' attorney Guy Burns, two former meat
department employees who worked at several Cub stores said the
practice was widespread and dated back at least five years.  The
meat cutters were not named in the lawsuit, which seeks class-
action status.

Mr. Wylde, who was asked to put his name on the lawsuit, since
he lives in Coon Rapids and buys meat at Cub Foods, said that
his main goal in filing the suit is just to have the alleged
fraudulent labeling practice stopped.

Mr. Burns and his colleagues are hoping that through the use an
audit trail, they will be able prove that meat, which was
labeled as Black Angus in the store actually came from boxes of
meat that were not Black Angus.


TRANS CONTINENTAL: Faces Shareholder Suit in Fla. Circuit Court
---------------------------------------------------------------
Two investors of Trans Continental Airlines filed a lawsuit
seeking class-action status against the company and its owner
Lou Pearlman, Tampa Bay's 10 reports.

The shareholders are Nickolas Epsilantis of Palm Harbor, Florida
and Steven Sarin, a New York dentist.  They filed the claim Feb.
24.  It was filed in Orange Circuit Court, according to Scott
Powers of The Sentinel.

Attorney for the plaintiff, Clay Townsend, is seeking
certification of the suit as a class action on behalf of 1400
investors in Trans Continental.  The suit is the first to seek
class-action status, according to reports.

Also, approximately 75 other investors have hired Tampa attorney
James Lowy to sue Mr. Pearlman and additional defendants in
federal court.

Mr. Pearlman has resigned from the company, according to a court
record, which appeared last week in a suit by Integra Bank of
Indiana in U.S. District Court in Orlando.

Integra is suing Mr. Pearlman and Trans Continental Airlines on
claims that the company and Mr. Pearlman defaulted on a loan.  
The company is also facing charges of defrauding investors and
depositors of more than $100 million by Florida's Office of
Financial Regulation.   

Clay M. Townsend is with Morgan & Morgan, P.A., 20 N. Orange
Avenue, 16th Floor, P.O. Box 4979, Orlando, Florida 32802-4979
(Orange Co.), Phone: 407-420-1414, 16th Fax: 407-425-8171, 9th
Fax: 407-841-9520, 10th Fax: 407-425-9858.


WASHINGTON: Suit Over Daycare Centers Liability Insurance Junked
----------------------------------------------------------------
Judge J. Robin Hunt of the Court of Appeals of the state of
Washington, Division II, dismissed a class action against the
state for alleged failure to implement a state statute that
would provide liability insurance for daycare providers unable
to get private insurance.

The suit was filed on March 3, 2006 in behalf of Terry Linville,
his wife, their child, and two other children's families
supposedly on behalf of a class of children sexually abused in
private, state-licensed, daycare facilities whose private
liability insurance policies excluded coverage for such abuse.  

The Linville plaintiffs sued the State of Washington, without
naming a specific state agency.  They claim that the State
failed to act on a mandate to create a Joint Underwriting Agency
that would provide liability insurance for daycare providers
otherwise unable to obtain insurance in the private market.   

The Linville plaintiffs did not, however, also sue the
individual daycare providers where the children were abused.

The Linville plaintiffs argue that a trial court wrongly denied
their request for class certification, erred in its discovery
rulings, and erroneously granted the State's motion for summary
judgment based on plaintiffs' failure to show that the State
owed them a duty to provide insurance coverage for their claims.

The appeals court held that the state has no common law duty to
the Linvilles, the statute creates no duty to victims of sexual
abuse by private daycare providers, and the Linvilles failed to
establish an implicit duty.

The three named plaintiff children were sexually abused while
attending two private, Pierce County, daycare facilities.  

The suit is "Terry Linville, et al. v. DSHS, State Of Washington
(Docket Number: 34654-1)," on Appeal from Thurston Superior
Court (Docket No: 05-2-02268-7) under Judge H. Christopher
Wickham.

Counsel for appellants is James Francois Leggett at Leggett and
Kram, 1901 S I St. Tacoma, WA, 98405-3810.

Counsel for respondents are: Michael E. Johnston, Office of the
Attorney General, P.O. Box 40126, Olympia, WA, 98504-0126; and
Peter John Helmberger, Office of the Attorney General, P.O. Box
40126, Olympia, WA, 98504-0126.


WOODWARD GOVERNOR: Ill. Court Approves $5M Labor Suit Settlement
----------------------------------------------------------------
The U.S. District Court for the Northern District of Illinois
has given final approval to a $5 million settlement resolving a
consolidated class action against Woodward Governor.

About 86 current and former minority company employees brought
the original suit back in May 8, 2003.  They alleged that
Woodward Governor discriminated against African-Americans,
Hispanics, and Asians at its Rockford and Rockton, Illinois,
facilities with respect to pay, promotions, and training.

Jennifer Soule of the Chicago law firm Soule, Bradtke & Lambert
is representing those workers (Class Action Reporter, Dec. 22,
2005).

In October 2006, the U.S. Equal Employment Opportunity
Commission sued Woodward Governor, affirming the same charges
and adding a charge of discrimination against women.  The court
consolidated the two suits for litigation purposes.

According to company spokesperson Rose Briani-Burden, with Judge
Philip G. Reinhard's consent decree in regards to the settlement
Woodward Governor can now move forward with the stipulations of
the agreement.

Essentially, the settlement calls for the establishment of a
$2.4 million fund for minority employees who worked at the two
plants any time since May 1999, and a $2.6 million fund for
female employees who worked at the plants since June 2002.

It will also require the company utilize a psychologist to
perform an analysis of production jobs that were at issue in the
case and develop written job descriptions for those jobs as well
as a performance appraisal and compensation review process.  

Upon completion of the job analysis, the company is required to
review the job assignments of its current production employees
and adjust them as necessary based on the new job descriptions.

The deal will also include "process enhancements" to the
company's human resources program.  Specifically, Woodward
Governor will be required to implement a procedure for
investigating complaints of discrimination.  

In addition, the company will be required to provide training to
employees regarding its anti-discrimination policy and complaint
procedure.

The suit is "Bell, et al. v. Woodward Gov Co., et al., Case No.
3:03-cv-50190," filed in the U.S. District Court for Northern
District of Illinois under Judge Philip G. Reinhard with
referral to Judge P. Michael Mahoney.  

Representing the plaintiffs are:  

     (1) Jennifer Kay Soule of Soule, Bradtke & Lambert, 155 N.  
         Michigan Ave., 500 Chicago, IL 60601, Phone: (312) 616-
         4422, Fax: (312) 616-4422, E-mail: jenksoule@aol.com;
         and

     (2) Robert D. Allison of Robert D. Allison & Associates,  
         122 S. Michigan Avenue, Ste. 1850, Chicago, IL 60603,  
         Phone: 427-4500, E-mail: rdalaw@ix.netcom.com.

Representing the defendant are:

     (i) Thomas F. Hurka and Keenan Jakarta Saulter of Baker &  
         McKenzie, LLP, (Chicago), One Prudential Plaza, 130  
         East Randolph Drive, Suite 3500, Chicago, IL 60601,  
         Phone: (312) 861-8000 and (312) 861-8035, E-mail:
         thomas.f.hurka@bakernet.com and
         keenan.j.saulter@bakernet.com;

    (ii) Dax Lopez, Nancy E. Rafuse and Daniel E. Turner of  
         Ashe, Rafuse & Hill, LLP, 1355 Peachtree Street, NE
         Suite 500, Atlanta, GA 30309-3232, Phone: 404-253-6009  
         and 404-253-6000, E-mail: daxlopez@asherafuse.com and
         danturner@asherafuse.com.


                 New Securities Fraud Cases


NEW CENTURY: Cauley Bowman Announces Securities Suit Filing
-----------------------------------------------------------
A class action was filed in the U.S. District Court for the
Central District of California against New Century Financial
Corp. (NEW) on Feb. 22, 2007.

The complaint alleges violations of federal securities laws,
Sections 10(b) and 20(a) of the U.S. Securities Exchange Act of
1934 and Rule 10b-5, including allegations of issuing a series
of material misrepresentations to the market which had the
effect of artificially inflating the market price.  The class
period is from April 7, 2006 to Feb. 7, 2007.

On Feb. 7, 2007, New Century Financial Corp. shocked the market
by announcing that it will have to restate its financial results
for the first three quarters of 2006 due to misstatements and
misrepresentations in the way the Company makes allowances for
loan repurchase losses.  On the news of this restatement, New
Century's stock dropped approximately 36% on heavy trading
volume.

Plaintiff seeks to recover damages on behalf of the class.  Lead
plaintiff filing deadline is April 10, 2007.

Cauley Bowman Carney & Williams, PLLC is at 11311 Arcade Drive,
Suite 200 P.O. Box 25438 Little Rock, Arkansas 72221-5438 501-
312-8500.  On the Net: http://www.cauleybowman.com. Contact: S.  
Gene Cauley.


NOVASTAR FINANCIAL: Schatz Nobel Announces Securities Filing
------------------------------------------------------------
The law firm of Schatz Nobel Izard, P.C. announces that a
lawsuit seeking class-action status has been filed in the U.S.
District Court for the Western District of Missouri on behalf of
all persons who purchased or otherwise acquired the common stock
of NovaStar Financial, Inc. (NFI) between May 4, 2006 and Feb.
20, 2007 inclusive.

The complaint alleges that NovaStar and certain of its officers
and directors violated Federal Securities laws.  Specifically,
defendants concealed the following facts:

     -- NovaStar lacked requisite internal controls, and, as a
        result, the projections and reported results were based
        upon defective assumptions about loan delinquencies;

     -- NovaStar's financial statements were materially
        misstated due to its failure to properly account for its
        allowance for loan losses;

     -- given the deterioration and the increased volatility in
        the subprime market, NovaStar would be forced to tighten
        its underwriting guidelines which would have a direct
        material negative impact on its loan production going
        forward; and

     -- given the increased volatility in the lending market,
        NovaStar had no reasonable basis to make projections
        about its ability to maintain its Real Estate Investment
        Trust (REIT) taxable income, which drives dividends, and
        potentially even its very status as a REIT.  As a
        result, NovaStar's projections issued during the Class
        Period about its REIT taxable income and dividends were
        at a minimum reckless.

On Feb. 20, 2007, after the markets closed, NovaStar announced
disappointing fourth quarter and year-end 2006 results and
further warned that it expected to earn little, if any, taxable
income in the next five years.  On this news, NovaStar's stock
fell 42% to close at $10.10 per share on Feb. 21, 2007.

Lead plaintiff filing deadline is April 24, 2007.

Schatz Nobel Izard, P.C. has not filed a lawsuit against the
defendants.

Schatz Nobel Izard, P.C. on the Net; http://www.snlaw.net,toll-
free number: (800) 797-5499, E-mail: firm@snlaw.net.


NOVASTAR FINANCIAL: Lerach Coughlin Announces Securities Suit
-------------------------------------------------------------
Lerach Coughlin Stoia Geller Rudman & Robbins LLP announces that
a class action has been commenced in the U.S. District Court for
the Western District of Missouri on behalf of purchasers of
NovaStar Financial, Inc. (NFI) common stock during the period
between May 4, 2006 and Feb. 20, 2007.

The complaint charges NovaStar and certain of its officers and
directors with violations of the U.S. Securities Exchange Act of
1934.  NovaStar operates as a specialty finance company that
originates, purchases, invests in and services residential
nonconforming loans.

The complaint alleges that during the Class Period, defendants
issued materially false and misleading statements regarding the
Company's business and financial results.  As a result of
defendants' false statements, NovaStar stock traded at
artificially inflated prices during the Class Period, reaching a
high of $37.59 per share in May 2006.

On Feb. 20, 2007, after the markets closed, NovaStar announced
disappointing fourth quarter and year-end 2006 results and
further warned that the company expected to earn little, if any,
taxable income in the next five years.  On this news, NovaStar's
stock collapsed to close at $10.10 per share on Feb. 21, 2007, a
one-day decline of 42%, on volume of 22.4 million shares, 15
times the average three-month volume.

According to the complaint, the true facts, which were known by
the defendants but concealed from the investing public during
the Class Period, were as follows:

     -- the company lacked requisite internal controls, and, as
        a result, the Company's projections and reported results
        issued during the Class Period were based upon defective
        assumptions about loan delinquencies;

     -- the company's financial statements were materially
        misstated due to its failure to properly account for its
        allowance for loan losses;

     -- given the deterioration and the increased volatility in
        the subprime market, the company would be forced to
        tighten its underwriting guidelines which would have a
        direct material negative impact on its loan production
        going forward; and

     -- given the increased volatility in the lending market,
        the company had no reasonable basis to make projections
        about its ability to maintain its Real Estate Investment
        Trust taxable income, which drives dividends, and
        potentially even its very status as a REIT.

As a result, the company's projections issued during the class
period about its REIT taxable income and dividends were at a
minimum reckless.

Plaintiff seeks to recover damages on behalf of all purchasers
of NovaStar common stock during the Class Period.  The plaintiff
is represented by Lerach Coughlin, which has expertise in
prosecuting investor class actions and extensive experience in
actions involving financial fraud.  

Lerach Coughlin Stoia Geller Rudman & Robbins LLP on the Net:
http://www.lerachlaw.com/,Phone: 800/449-4900 or 619/231-1058,  
E-mail: wsl@lerachlaw.com.  


WHITNEY INFO: Gutride Safier Announces Securities Suit Filing
-------------------------------------------------------------
Gutride Safier LLP announces that a class action has been
commenced in the U.S. District Court for the Middle District of
Florida on behalf of all those who purchased stock (or bought
call or sold put options) in Whitney Information Network (OTC
Bulletin Board: RUSS) between Nov. 18, 2003 and Dec. 15, 2006.

The lawsuit claims that Whitney, its chief executive officer
Russell Whitney and its former chief operating officer, Nicholas
S. Maturo, violated Section 10(b) of the U.S. Securities
Exchange Act of 1934 by issuing false and misleading statements
to the investing public.  

The lawsuit alleges that defendants issued a series of false and
misleading statements, emphasizing the success of its marketing
programs and its acquisitions of related companies.

Capitalizing on the rapid increase in the company's stock price
resulting from these positive announcements, defendants
completed a private placement of Whitney stock in December 2005,
in which defendant Whitney sold 1.25 million of his own holdings
for proceeds of over $5.6 million.

Between Nov. 21, 2006 and Dec. 15, 2006, the truth concerning
the company and its fraudulent business practices began to
surface.  On Nov. 21, 2006, defendants revealed that the U.S.
Securities and Exchange Commission had begun an investigation to
determine whether the company violated any securities laws in
connection with:

     (a) the efficacy or trading success of the company's
         stock market education programs; and

     (b) the company's acquisition of certain other
         companies.

Then, on Dec. 15, 2006, it was revealed that the U.S. Attorney
for the Eastern District of Virginia had launched a grand jury
investigation into the marketing activities of the company,
stretching back to 2002.

A few days later, it was announced that defendant Mr. Maturo as
well as Whitney's vice president of sales had "departed" from
the company.  In response to the news, Whitney stock plunged
from $8.20 per share to less than $4 per share on Dec. 18, 2006
on unusually heavy trading volume.

Interested parties may move the court no later than Feb. 27,
2007 for lead plaintiff appointment.

For more information, contact Michael Reese of Gutride Safier
LLP, Phone: 212-579-4625, E-mail: michael@gutridesafier.com,
Website: http://www.gutridesafier.com.


                            *********


S U B S C R I P T I O N   I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by
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Copyright 2007.  All rights reserved.  ISSN 1525-2272.

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