/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/070712.mbx C L A S S A C T I O N R E P O R T E R Thursday, July 12, 2007, Vol. 9, No. 136 Headlines AIR FRANCE-KLM: Faces Air Shipping Services Price Fixing Suits ALABAMA: Jefferson’s Reply to Occupational Tax Suit Due July 17 ALLIANCE SANITARY: Settles Penn. Landfill Pollution Suit for $3M ALLIANZ LIFE: Certification Appeal in Annuities Lawsuit Denied BANC OF AMERICA: Ex-Employee Files FLSA Violations Suit in Fla. BANK OF AMERICA: Sept. 12 Hearing Set for Consumer Privacy Deal BASKIN-ROBBINS: Calif. Suit Accuses Firm of Defrauding Consumers CALIFORNIA: Disabled Cabbies File Suit Against Taxi Regulator CALIFORNIA CULINARY: School Stands to Face Suit for False Ads CANADIAN PACIFIC: N.D. Oil Spill Suit Settlement Gets Initial OK CARL'S CARTS: Faces Labor Code Violations Lawsuit in Florida CASEY’S GENERAL: JPML Consolidates “Hot Fuel” Cases in Kansas CASEY’S GENERAL: Faces Assistant Managers’ Litigation in Mo. COMPASS GROUP: Faces Labor Code Violations Suit in Florida COUNTRYWIDE HOME: Lawsuit Asserts Financial Abuse of Old People CREEKSIDE MUSHROOMS: Thai Pickers Sue Over Denied Overtime Wages CSK AUTO: Reply to Amended Ariz. Securities Suit Due July 13 DUKE’S ORIGINAL: Tex. Lawsuit Alleges Labor Code Violations EAST COAST: Fla. Lawsuit Aims to Collect Unpaid Overtime Wages GLOBAL AERO: Faces Ga. Litigation Over World Air Acquisition GRASSROOTS CAMPAIGNS: Faces Labor Code Violations Suit in Calif. EMERALD CATERING: Faces Labor Code Violations Lawsuit in Fla. HOGLA-KIMBERLY: Faces $6.6M Suit in Israel Over Titulim Premium KING’S PLUMBING: Faces Labor Code Violations Suit in Florida LOUISIANA: Water District Wins Suit Over “Contaminated” Water MIDWEST GLOBAL: Ill. Suit Alleges Denial of Overtime Wages MILWAUKEE ELECTRIC: Recalls Batteries Due to Laceration Hazard NATURAL GAS LITIGATION: Sept. Fairness Hearing Set for $11M Deal NOTRE DAME CEMETERY: Faces Suit over Delayed Burial Services PETROLEUM DEVELOPMENT: Faces Suit in Colo. Over Royalty Payments POZEN INC: Reaches Settlement in N.C. Securities Fraud Lawsuit QBEX INDUSTRIES: Fla. Suit Aims to Collect Unpaid Overtime Wages RC2 CORP: Kaplan Fox Files Ill. Suit Over Recalled Railway Toys SELECTIVE PUBLISHING: Ill. Suit Alleges Labor Code Violations SPARKS STEAK: N.Y. Judge Allows Tip Pooling Lawsuit by Waiters TARGET STORES: Cal. Employees Complain of Forced Overtime TEXAS: Judge Okays Improvements to Medicaid for Poor Children * David Bershad Pleads Guilty in Plaintiff Kickback Conspiracy ********* AIR FRANCE-KLM: Faces Air Shipping Services Price Fixing Suits -------------------------------------------------------------- Air France-KLM Group, Air France, KLM and/or related entities, is a defendant in a consolidated class action that was filed in the U.S., according to the company’s July 9, 2007 Form 20-F filing with the U.S. Securities and Exchange Commission for the fiscal year ended March 31, 2007. Initially, 140 class actions were filed. Plaintiffs allege that defendants engaged in a conspiracy to fix the price of air shipping services since Jan. 1, 2000 including various surcharges in air cargo services in violation of antitrust laws. They consequently seek compensatory damages and treble monetary damages in unspecified amounts, costs and attorney’s fees, as well as injunctive relief amounting to triple amount of compensatory damages. These actions have been transferred and consolidated before the U.S. District Court of the Eastern District of New York. The consolidated case is currently in the pleading process, with the first consolidated amended complaint filed by the plaintiffs in February 2007. Air France-KLM -- http://www.airfranceklm-finance.com-- is an airline company. The Company's core business is passenger transportation. Its activities also include cargo, aeronautics maintenance and other air- transport related activities, including principally catering and charter services. ALABAMA: Jefferson’s Reply to Occupational Tax Suit Due July 17 ---------------------------------------------------------------- Jefferson County (Alabama) has a few days left to file a response to a class action charging the county of illegally collecting occupational tax for seven years after it was repealed, Eric Velasco of the Birmingham News reports. The complaint asserts the occupational tax was repealed in a 1999 law that took effect on April 1, 2000. It further argues that the county has been unlawfully collecting the tax since 2000. If a judge rules the tax illegal and orders a refund, all those similarly situated will be eligible for a refund. Sam Hill represents plaintiffs Jessica Edwards and Janet Judge. Both work in Jefferson County. State’s Chief Justice Sue Bell Cobb still has not assigned a new judge for the case. The county’s Circuit Court judges have recused themselves saying that there’s a conflict of interest, because they pay the tax too (Class Action Reporter, July 06, 2007). Attorney Bill Slaughter has until July 17 to file the county’s response to the lawsuit. He said he would seek a dismissal. Plaintiffs’ counsel: Samuel M. Hill, Esq. Gardner, Middlebrooks, Gibbons, Kittrell & Olsen, P.C. 2013 First Avenue, North Suite 400 Birmingham, AL 35203-4140 County’s counsel: William M. Slaughter, Esq. Haskell Slaughter Young & Rediker, LLC 1400 Park Place Tower, 2001 Park Place North Birmingham, Alabama 35203 Phone: 205-251-1000 Fax: 205-324-1133 ALLIANCE SANITARY: Settles Penn. Landfill Pollution Suit for $3M ---------------------------------------------------------------- Alliance and Waste Management Inc. reached a $3 million agreement to settle a suit over noise, dust and odor pollution at the Alliance Sanitary Landfill located at 398 S. Keyser Ave., on the border of Taylor, Old Forge and Ransom Township, according to a report by Erin L. Nissley of TheTimesTribune.com. The suit was filed by William and Cynthia Toman, of Old Forge, and Joseph and Maureen Labrosky, of Taylor in September. It accuses the owner of the landfill of causing willful public and private nuisances. The suit also claims the operation of the landfill has decreased surrounding property values. The plaintiffs are asking the judge to award them up to $25,000 each. The lawyers for the plaintiffs are asking the judge for up to $100,000 for costs and fees. The settlement will compensate anyone who lived in or owned a home within three-quarters of a mile of the landfill between Jan. 1, 2001 and Dec. 31, 2003. Claims filing deadline is Aug. 3. Those who filed suits against the landfill prior to March 3, 2003 are ineligible, according to the report. A fairness hearing is set Aug. 3. Representing the landfill and its owners is Robert Fox. Representing the plaintiffs is George: A. Reihner, Esq. Wright & Reihner, P.C. 148 Adams Avenue, Scranton Pennsylvania 18503 (Lackawanna Co. Phone: 570-961-1166 Fax: 570-961-1199 Web site: http://www.wrightreihner.com ALLIANZ LIFE: Certification Appeal in Annuities Lawsuit Denied -------------------------------------------------------------- The Eighth U.S. Circuit Court of Appeals denied an appeal by global insurance giant Allianz Life Insurance Company of North America of a federal court's certification of a class action alleging that the company's U.S. unit fraudulently marketed some of its most widely sold annuity products, according to the law firms representing purchasers of the products. The certified class includes individuals who have bought the following annuity products from Allianz Life Insurance Company of North America since Feb. 9, 2000: -- BonusMaxxx, -- BonusMaxxx Elite, -- BonusDex, -- BonusDex Elite, -- 10% Bonus PowerDex Elite, -- MasterDex 10, and -- the InfiniDex 10. The lawsuit -- filed on Feb. 9 2006 -- accuses Allianz Life of using deceptive sales and marketing tactics to sell annuities to senior citizens. Represented by Karl Cambronne of The Chestnut & Cambronne Law Firm, plaintiffs in the suit are: -- Linda L. Mooney, and -- Lieselotte W. Thorpe A report by The Minneapolis Star Tribune explains that an annuity is a financial contract in which the purchaser agrees to pay a lump sum to an insurer in exchange for regular payments that last the duration of the contract or until the customer dies. The lawsuits focus on an increasingly popular type of product known as a deferred equity-indexed annuity, in which the buyer invests money tax-free in an account tied to a stock market index, such as the Standard & Poor's 500. The suit contends that Allianz promised customers immediate cash bonuses from buying the annuities. In reality, according to the suit those who decided to access their money had to pay enormous "surrender penalties" to collect their bonuses. The plaintiffs' complaint alleges that Allianz violated Minnesota consumer protection laws by enticing prospective and existing policyholders to purchase two-tiered equity-index annuities by falsely marketing that the insurance products offer large "up-front" bonuses that can overcome investment losses, surrender penalties and income taxes suffered on previous investments. In May, Judge Ann D. Montgomery of the U.S. District Court for the District of Minnesota certified the case that could include 400,000 purchasers of the Allianz annuity products (Class Action Reporter, May 14, 2007). Alan R. Perry, Jr., a partner at Page Perry, LLC, said, "We are gratified that the Eighth Circuit has so quickly denied the Allianz appeal of the class certification decision. We look forward to proving at trial that these annuity products do not provide an 'up-front bonus' that offsets investment losses, surrender charges or income taxes as stated in Allianz's marketing literature." Diane A. Nygaard, of The Nygaard Law Firm, said, "Allianz has reaped billions of dollars in premiums, while policyholders are locked into a product with indefinite surrender penalty periods and an annuitization requirement that Allianz knew or should have known will not likely ever occur. This ruling by the Eighth Circuit moves us another step closer to a trial that will show the true nature of these products and the marketing practices at the heart of this case." The suit is "Mooney v. Allianz Life Insurance Company of North America, Case No. 0:06-cv-00545-ADM-FLN," filed in the U.S. District Court for the District of Minnesota. Representing the plaintiff is: Karl L. Cambronne, Esq. Chestnut & Cambronne 222 S. 9th St., Ste. 3700 Minneapolis, MN 55402 Phone: 612-339-7300 Fax: 612-336-2940 E-mail: kcambronne@chestnutcambronne.com Representing the defendants is: David A. Applebaum Leonard Street and Deinard, PA 150 S. 5th St., Ste. 2300 Minneapolis, MN 55402 Phone: 612-335-1943 Fax: 612-335-1657 E-mail: david.applebaum@leonard.com BANC OF AMERICA: Ex-Employee Files FLSA Violations Suit in Fla. --------------------------------------------------------------- Banc of America Investment Services, Inc. faces a purported class action in the U.S. District Court for the District of South Florida alleging violations of the Fair Labor Standards Act. Eric Hands, a former employee of the company, filed the suit on July 5, 2007. He brought the suit on behalf of himself and on behalf of other, former and current employees of the company similarly situated for overtime compensation and relief under FLSA. The asserted class for the action includes all current and former employees similarly situated to the plaintiff, which included all financial advisors or brokers, however titled, employed by the company who provided financial advisor, stock brokerage and other investment services of a non-exempt nature in furtherance of the business of one defendant, and shoe worked in excess of forty hours during one or more work weeks on or after July 2004. The suit generally states that the plaintiff and other employees regularly worked overtime hours and were not paid overtime compensation at the lawful rate for all of the overtime hours worked, based in part upon company’s custom and practice of misclassifying plaintiff and those similarly situated as exempt, and failing to compensate them in accordance with the criteria for a valid exemption, among other violations of the FLSA. The suit is “Handis v. Banc of America Investment Services, Inc., Case No. 9:07-cv-80592-DMM,” filed in the U.S. District Court for the Southern District of Florida under Judge Donald M. Middlebrooks. Representing the plaintiffs is: Hal B. Anderson, Esq. Shavitz Law Group 1515 S. Federal Hw., Suite 404 Boca Raton, FL 33432 Phone: 561-447-8888 Fax: 561-447-8831 E-mail: hal.anderson@shavitzlaw.com BANK OF AMERICA: Sept. 12 Hearing Set for Consumer Privacy Deal --------------------------------------------------------------- The San Francisco Superior Court will hold a fairness hearing on Sept. 12, 2007 at 1:30 p.m. for the proposed settlement in the matter, “Consumer Privacy Cases, J.C.C.P.No.4211,” which names Bank of America as a defendant. The court will hold the fairness hearing at the San Francisco Superior Court, 400 McAllister Street, Department 304, San Francisco, California 94102-4514. Deadline for the submission of a request for exclusion is on Aug. 15, 2007. Filed in 1999 by certain individuals and a privacy organization, the suit claims that Bank of America improperly disclosed customers’ confidential information to third parties, and misrepresented the scope and nature of its customer privacy policy. The time period involved is from Sept. 9, 1995 to May 31, 2007. The settlement will provide benefits to anyone who, at any time between Sept. 9, 1995 and May 31, 2007, had: -- a Bank of America non-business checking or savings account; -- a non-business loan with Bank of America secured by residential real estate (i.e., a mortgage loan); or -- a Bank of America branded consumer credit card and a California mailing address for purposes of communicating with Bank of America. For more details, contact: Bank of America Privacy Litigation Settlement Administrator P.O. Box 4098 Portland, OR 97208-4098 Phone: 1-800-462-2317 Web site: https://www.bankprivacycase.com BASKIN-ROBBINS: Calif. Suit Accuses Firm of Defrauding Consumers ---------------------------------------------------------------- Baskin-Robbins is facing a class-action complaint filed June 29 in the U.S. Superior Court of California accusing it of violating a permanent injunction by shorting customers who buy pints, quarts and half-gallons of ice cream, the CourtHouse News Service reports. A San Diego Superior Court judge enjoined Baskin-Robbins from this in 1986. The complaint in that action alleged the sale of ice cream and other commodities in a lesser quantity than advertised to its consumers, and was jointly filed by the City Attorney of San Diego and the Attorney General of the State of California, providing statewide effect for the judgment. A permanent injunction was issued in that case pursuant to Business and Professions Code Sections 17203 and 17535 that enjoins and restricts defendant from: (a) representing that specific volumetric quantities, such as pint, quart or half-gallon, of hand-packed ice cream, or other commodities, are delivered when purchased by customers, when in truth, less than the represented quantity is so delivered; (b) representing that specific quantities of hand-packed ice cream, or other commodities, are sold by volume, when in truth such are sold by weight, or vice-versa; (c) violating California Business and Professions Code Section 12024 by selling commodities in less quantity than represented to be; (d) making, or causing to be made, orally or in writing, any untrue or misleading statement, in violation of Business and Profession Code Section 17500, et. seq., in connection with the sale of ice cream or any other commodity based upon or utilizing measurements calculated in weight or volume. But the company admitted it did it again, and signed a consent judgment in May this year with the San Diego City Attorney and the State of California, and agreed to pay $491,164 in fines and costs, the suit states. Defendant has statutory, contractual and common law duties to provide it customers with the quantity of goods they pay for. Defendant breached the duties owed to their customers by making untrue or misleading statements about the quantity of hand-packed ice cream. Named plaintiff Hoyt Christopher claims Baskin-Robbins has been defrauding customers and falsely advertising since at least June 2003. He brings this action pursuant to California Code of Civil Procedure Section 382, on behalf of similarly situated people in California for injuries suffered as a result of defendant's wrongful conduct. Plaintiff want the court to rule: (a) whether the class members engaged in a commercial transaction with defendant for the purchase of hand- packed ice cream offered for sale by defendant; (b) whether defendant made fraudulent statements to the class members concerning the quantity of hand-packed ice cream sold; (c) whether defendant made statements to the class members concerning the quantity of hand-packed ice cream that were untrue or misleading in violation of Section 17500 of the California Business and Professions Code; (d) whether defendant engaged in acts of Unfair Competition within the meaning of Business and Professions Code Sections 17200 et. seq. by advertising commodities which were sold by defendants in less quantity than they represented them to be; (e) whether defendant violated a permanent injunction issued pursuant to sections 17203 and 17535 of Business and Professions Code Section permanently enjoining them from, among other things, making or causing to be made, misleading statements in connection with the sale of ice cream or any other commodity based upon or which utilizes measurements calculated in weight or volume, and by selling commodities in less quantity than represented to be; (f) whether the class members have suffered damages; (g) whether the class is entitled to declaratory relief; and (h) whether the class is entitled to an award of reasonable attorneys' fees and costs of suit. Plaintiff prays for relief as follows: -- compensatory damages according to proof; -- special damages according to proof; -- restitution and disgorgement according to proof; -- for injunctive relief against defendant to prevent future wrongful conduct; -- prejudgment interest at the maximum legal rate; -- punitive and exemplary damages according to proof; -- costs of the proceedings; -- reasonable attorney's fees; and -- all such other and further relief as the court deems just. The suit is "Christopher vs. Basin-Robbins, USA, LLC., Case No. 37-2007- 00069556-CU-BT-CTL," filed in the Superior Court of California, County of San Diego. Representing plaintiffs are: James R. Patterson Matthew J. O'Connor Harrison Patterson & O'Connor LLP 402 West Broadway, Suite 1905 San Diego, CA 92101 Phone: (619) 856-6990 Fax: (619) 756-6991 - and - James M. Lindsay Gene J. Stonebarger Lindsay & Stonebarger A Professional Corporation 620 Coolidge Drive, Suite 225 Folsom, CA 92630 Phone: (916) 294-0002 Fax: (916) 294-0012 CALIFORNIA: Disabled Cabbies File Suit Against Taxi Regulator ------------------------------------------------------------- The City and County of San Francisco Taxi Commission is accused of discriminating against disabled cabbies by refusing to grant full-time permits to drivers who can work only part time. The suit was filed in the U.S. District Court for the Northern District of California by William Slone and Michael Merrithew against the Taxi commission, city and County of San Francisco, and Executive Director Heidi Machen. The plaintiffs are citizens of California and post-Proposition K taxicab permit/medallion holders in the city and county of San Francisco. Mr. Slone is disabled due to wasting lung disease that requires him to be connected to oxygen 24-hours a day and, therefore, unable to operate his taxicab vehicle personally. Mr. Merrithew is physically disabled and unable to operate his taxicab vehicle personally. The purported class is composed of post-Proposition K taxicab permit holders who now, or in the future, will suffer from physical or mental disabilities and who have been or will be denied an accommodation for their disability by defendants in violation of the Americans Disability Act. Plaintiffs estimate the class to include more than 150 individuals. The Proposition K was passed on June 6, 1978 by San Francisco voters. Section 2 of the Proposition K enacted a "full-time driver pledge," requiring each applicant for permit to declare under penalty of perjury, "his or her intention actively and personally to engage as permitee driver under any permit issued to him or her for at least four hours during any 24-hour period on at least 75% of the business days during the calendar year." Plaintiffs' requested accommodation under the ADA is to modify or waive the enforcement of San Francisco Police Code Section 1081(f) "Full-Time Driving Requirement" and Section 1090(a)(i) "Revocation of Permit" based solely upon each plaintiffs' disability and only during the period of each plaintiffs' disability, subject to annual review, while concurrently requiring each plaintiff to comply with all other sections of the Police Code, including the "continuous operation" requirement of arranging for the daily operation of his taxicab under Police Code Section 1096(a). The suit is “Slone et al. v. Taxi Commission, City & County of San Francisco et al., Case No. 3:07-cv-03335-EDL,” filed in the U.S. District Court for the Northern District of California, San Francisco division under Judge Elizabeth D. Laporte. Representing the plaintiffs is: Joseph M. Breall, Esq. Breall & Breall, LLP 1255 Post Street, Suite 800 San Francisco, CA 94109 Phone: (415) 345-0545 Fax: (415) 435-0538 E-mail: jmbreall@breallaw.com CALIFORNIA CULINARY: School Stands to Face Suit for False Ads ------------------------------------------------------------- Attorney Ray Gallo plans to file a class action against the California Culinary Academy on behalf of students of the school, Sue Kwon of CBS5 reports. The school allegedly gives potential students the impression the slots to enroll in the school are limited, when it’s not; lets students pass subjects easily, dragging down the school’s reputation, and thus limiting job opportunities for graduates. "They said we'll be making more than tuition and they'd place us in jobs and alumni could come back and they don't have that," Matthew Jarvis said, according to the report. Mr. Gallo is interviewing former students to build a case. The Career Education Corporation bought the school in 1999 and enrollment went from a few hundred to 3,600 as of 2005. Ray Gallo, Esq. 5757 W Century Blvd Ste 700 Los Angeles, CA 90045-6409 Phone: (310) 338-1114 CANADIAN PACIFIC: N.D. Oil Spill Suit Settlement Gets Initial OK ---------------------------------------------------------------- U.S. District Judge Dan Hovland of the District of North Dakota granted preliminary approval to a $7 million settlement of a class action over a derailment and chemical spill at Minot in 2002, reports say. Attorneys will get a third of the amount. They estimate the rest will be shared by about 2,000 or 3,000 people who were in Minot the day of the derailment on January 18, 2002. Thirty-one cars on the 112-car Canadian Pacific Railway train derailed on the west edge of Minot and fire broke open early on the morning of that day. Attorneys also will be setting up a Web site, www.minotsettlement.com, and a toll-free number for people to call for information, according to KFYR-TV News. The suit is "Mehl, et al. v. Canadian Pacific RR, et al., Case No. 4:02-cv-00009-DLH-KKK,"on appeal from the U.S. District Court for the District of North Dakota under Judge Daniel L. Hovland with referral to Judge Karen K. Klein. Representing the company is attorney Tim Thornton (E-mail: thodgson@SHTB- law.com). Representing the plaintiffs is attorney: Gordon Rudd, Esq. 651 Nicollet Mall Suite 501 Minneapolis, MN 55402 Phone: (612)341-0400 Fax: (612)341-0844 Website: http://www.zimmreed.com CARL'S CARTS: Faces Labor Code Violations Lawsuit in Florida ------------------------------------------------------------- Carl's Carts, Inc. is facing a labor class action filed in Tampa federal court, according to CourtHouse News Service. Plaintiff Christopher P. Stefanski alleges Labor Code violations against the company. The suit is “Stefanski v. Carl's Carts, Inc. et al., Case No. 8:07-cv-00932- RAL-EAJ,” filed in the U.S. District Court for the Middle District of Florida under Judge Richard A. Lazzara with referral to Judge Elizabeth A. Jenkins. Representing the plaintiff is: Stacey H. Cohen, Esq. Shavitz Law Group, PA Suite 404 1515 S Federal Hwy Boca Raton, FL 33432 Phone: 561/447-8888 Fax: 561/447-8831 E-mail: scohen@shavitzlaw.com CASEY’S GENERAL: JPML Consolidates “Hot Fuel” Cases in Kansas ------------------------------------------------------------- “Hot fuel” cases against fuel retailers, including Casey’s General Stores, Inc., were consolidated for coordinated or consolidated pretrial proceedings in the U.S. District Court for the District of Kansas. Initially, the company was named as a defendant in five lawsuits brought in the federal courts in Kansas and Missouri against a variety of gasoline retailers. The complaints generally allege that the Company, along with numerous other retailers, has misrepresented gasoline volumes dispensed at its pumps by failing to compensate for expansion that occurs when fuel is sold at temperatures above 60F. Fuel is measured at 60F in wholesale purchase transactions and computation of motor fuel taxes in Kansas and Missouri. The complaints all seek certification as class actions on behalf of gasoline consumers within those two states, and one of the complaints also seeks certification for a class consisting of gasoline consumers in all states. The actions generally seek recovery for alleged violations of state consumer protection or unfair merchandising practices statutes, negligent and fraudulent misrepresentation, unjust enrichment, civil conspiracy, and violation of the duty of good faith and fair dealing; several seek injunctive relief and punitive damages. These actions are part of a number of similar lawsuits that have been filed in recent weeks in at least 21 states against a wide range of defendants that produce, refine, distribute, and/or market gasoline products in the United States. On June 18, 2007, the Judicial Panel on Multidistrict Litigation ordered that all of the pending hot fuel cases be transferred to U.S. District Court for the District of Kansas and assigned to the Judge Kathryn H. Vratil for coordinated or consolidated pretrial proceedings, including rulings on discovery matters, various pretrial motions, and class certification. Casey’s General Stores, Inc. -- http://www.caseys.com/-- operates convenience stores under the name Casey’s General Store in nine Midwest states, primarily Iowa, Missouri and Illinois. CASEY’S GENERAL: Faces Assistant Managers’ Litigation in Mo. ------------------------------------------------------------ Casey’s General Stores, Inc. faces a purported class action filed by two former assistant managers of the company in the U.S. District Court for the Northern District of Iowa. On May 30, 2007, a complaint was filed against the Company in the U.S. District Court for the Northern District of Iowa by two former employees, in which the claim is made that Casey’s failed to properly pay overtime compensation properly to two or more of its assistant managers. Specifically, plaintiffs claim that the assistant managers were treated as nonexempt employees entitled to overtime pay, but that the Company did not properly record all hours worked and failed to pay the assistant managers overtime pay for all hours worked in excess of 40 per week. The action purports to be a collective action under the Fair Labor Standards Act (essentially equivalent to a class action) brought on behalf of all “persons who are currently or were employed during the three-year period immediately preceding the filing of [the] complaint as ‘Assistant Managers’ at any Casey’s General Store operated by [the] Defendant (directly or through one of its wholly owned subsidiaries), who worked overtime during any given week within that period, and who have not filed a complaint to recover overtime wages.” The complaint seeks relief in the form of back wages owed all members of the class during the three-year period preceding the filing of the complaint, liquidated damages, attorneys fees, and costs. The suit is “Jones et al. v. Casey's General Stores Inc., Case No. 5:07-cv- 04043-MWB,” filed in the U.S. District Court for the Northern District of Iowa under Judge Mark W. Bennett with referral to Judge Paul A. Zoss. Representing the plaintiffs is: Jon E. Heisterkamp, Esq. Peters Law Firm PC PO Box 1078, 233 Pearl Street Council Bluffs, IA 51502-1078 Phone: 712 328 3157 Fax: 328 9092 E-mail: jeheisterkamp@yahoo.com COMPASS GROUP: Faces Labor Code Violations Suit in Florida ----------------------------------------------------------- Compass Group USA is facing a labor-related class action complaint filed July 3 in West Palm Beach Federal Court, according to CourtHouse News Service. Plaintiff Richard Pagan alleges Labor Code violations. The suit is "Pagan v. Compass Group, U.S.A., Inc., Case No. 9:07-cv-80591- WPD," filed in the U.S. District Court for the South District of Florida under Judge William P. Dimitrouleas. Representing the plaintiff is: Robert Scott Norell, Esq. Robert S. Norell PA 7350 NW 5th Street Plantation, FL 33317-1605 Phone: 954-617-6017 Fax: 617-6018 E-mail: robnorell@aol.com COUNTRYWIDE HOME: Lawsuit Asserts Financial Abuse of Old People --------------------------------------------------------------- Countrywide Home Loans, Countrywide Financial Corp. and Fidelity National Title Co. are facing a class-action complaint alleging fraud and elder abuse, the CourtHouse News Service reports. The complaint accuses the companies of “falsely representing to individuals that if they provided their good credit as a co-borrower (Secondary Co- Borrowers to borrower(s) who could not alone qualify for a loan (Primary Co- Borrowers)), that once the loan was funded and escrow closed, that all the Secondary Co-Borrowers had to do to be relieved from all of the loan obligations and liabilities ... was to execute a quitclaim deed or grant deed.” Plaintiffs demand punitive damages for misrepresentation, elder abuse, unlawful business practices and other charges. Representing plaintiffs is: George Bojic, Esq. Bojic & Livesay, LLP 1400 N. Harbor Blvd., Suite 615 Fullerton, CA 92835 Phone: (714) 879-4200 CREEKSIDE MUSHROOMS: Thai Pickers Sue Over Denied Overtime Wages ---------------------------------------------------------------- Mushroom-pickers from Thailand filed on July 9 a class action in the U.S. District Court for Western District of Pennsylvania, alleging violations of their rights under: -- the Fair Labor Standards Act (FLSA), 29 U.S.C. Section 201 et seq., -- the Pennsylvania Wage Payment and Collection Law (WPCL), 43 P.S. SS260.1 et seq., and -- Pennsylvania state law by the defendant mushroom farm which employed them in 2006 and 2007 in Pennsylvania. According to the complaint, Creekside Mushrooms recruited dozens of mushroom- pickers from Thailand, worked them up to 70 hours a week at less than minimum wage, and dismissed them owing 14 weeks back pay, the CourtHouse News Service reports. The 27 named plaintiffs worked in the U.S., “at least initially,” on H2A visas. They say Creekside, based in Worthingon, Pa., paid them as much as 5 months late, causing them to default on loans and leaving them “without enough food to eat.” They bring this claim, pursuant to 29 U.S.C. Section 216(b), on behalf of all citizens of the Kingdom of Thailand who: (1) were brought to the State of Pennsylvania in 2006 or 2007 under the H2A visa program; (2) were employed by Defendant Creekside in 2006 and 2007; and (3) were not paid wages as required by FLSA and WPCL. Plaintiffs request the Court to: -- award Plaintiffs their unpaid minimum wages and an equal amount as liquidated damages together with costs of suit including reasonable attorneys fees, pursuant to 29 U.S.C. Section216(b); -- award Plaintiffs their unpaid wages and liquidated damages pursuant to 43 P.S. Section 260.3, and 43 P.S. Section 260.10; -- award Plaintiffs their actual, incidental, and consequential damages resulting from Defendant’s breach of implied contract; and -- award Plaintiffs litigation costs, expenses, translation costs, and attorney’s fees to the fullest extent permitted under federal and state law, and such other further relief as this Court deems just and proper. The suit is “Luklam et al. v. Creekside Mushrooms Ltd., Case No. 2:07-cv- 00948-GLL,” filed in the U.S. District Court for the Western District of Pennsylvania, under Judge Gary L. Lancaster. Representing plaintiffs are: Margaret W. Schuetz Evalynn B. Welling Community Justice Project 429 Forbes Avenue 1705 Allegheny Building Pittsburgh, PA 15219 Phone: (412) 434-6002 E-mail: maggieschuetz@earthlink.net or evalynnbwelling@earthlink.net CSK AUTO: Reply to Amended Ariz. Securities Suit Due July 13 ------------------------------------------------------------ CSK Auto Corp. has yet to respond to a second amended complaint in a consolidated securities fraud class action filed against the company in the U.S. District Court for the District of Arizona, according to the company’s July 9, 2007 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Feb. 4, 2007. On June 9 and 20, 2006, two shareholder class actions were filed against the company and certain current and former officers, one of whom is also a director. The cases are: -- "Communications Workers of America Plan for Employees Pensions and Death Benefits v. CSK Auto Corporation, et al., No. Civ. 06-1503 PHX DGC;" and -- "Wilfred Fortier v. CSK Auto Corporation, et al., No. Civ. 06-1580 PHX DGC." The cases were consolidated on Sept. 18, 2006, with the Communications Workers case as the lead case. The consolidated actions have been brought on behalf of a putative class of purchasers of the company's stock between March 20, 2003 and April 13, 2006, inclusive. The consolidated complaint, filed on Nov. 30, 2006, alleged that the defendants violated Section 10(b) of the U.S. Securities Exchange Act of 1934, as amended and SEC Rule 10b-5, promulgated thereunder, as well as Section 20(a) of the Exchange Act. The company and the individual defendants filed motions to dismiss, arguing that the plaintiffs failed to adequately plead violations of the federal securities laws. On March 28, 2007, the court issued an order granting the motion to dismiss, with leave to amend. Plaintiffs filed an amended consolidated complaint on April 26, 2007, alleging violations of the same federal securities laws and adding additional factual allegations. The amended consolidated complaint names as defendants the company and three individuals: -- Maynard Jenkins, chairman of the board and chief executive officer; -- Martin Fraser, former president and chief operating officer; and -- Don Watson; former chief financial officer and former chief administrative officer. The amended consolidated complaint alleges that defendants issued false statements before and during the class period about the company's income, earnings and internal controls, allegedly causing the company's stock to trade at artificially inflated prices during the class period. It seeks recovery of damages in an unspecified amount. Plaintiffs filed their Second Amended Complaint on May 25, 2007, alleging violations of Section 10(b) of the Exchange Act and Rule 10b-5, promulgated thereunder, and Section 20(a) of the Exchange Act against the same Defendants, except for James Riley, whom the plaintiffs voluntarily dismissed. Defendants have until July 13, 2007 to respond to the Second Amended Complaint and the Company anticipates that it will file a motion to dismiss the Second Amended Complaint prior to that date. The suit is "Communication Workers of America Plan for Employees' Pensions and Death Benefits v. CSK Auto Corp., Case No. 2:06-cv-01503-DGC," filed in the U.S. District Court for the District of Arizona under Judge David G. Campbell. Representing the plaintiffs are: Ramzi Abadou, Esq. Lerach Coughlin Stoia Geller Rudman & Robbins LLP 655 W. Broadway, Ste. 1900 San Diego, CA 92101 Phone: 619-231-1058 Fax: 619-231-7423 E-mail: ramzia@lerachlaw.com - and - Francis Joseph Balint, Jr., Esq. Bonnett Fairbourn Friedman & Balint PC 2901 N. Central Ave., Ste. 1000 Phoenix, AZ 85012-3311 Phone: 602-274-1100 Fax: 602-274-1199 E-mail: fbalint@bffb.com Representing the defendants are Donald Wayne Bivens, Esq. Snell & Wilmer 400 E. Van Buren Phoenix, AZ 85004 Phone: 602-382-6549 Fax: 602-382-6070 E-mail: dbivens@swlaw.com - and - Gareth T. Evans, Esq. Gibson Dunn & Crutcher LLP 333 S. Grand Ave., 51st Floor Los Angeles, CA 90071 Phone: 213-229-7734 Fax: 213-229-6734 E-mail: gevans@gibsondunn.com DUKE’S ORIGINAL: Tex. Lawsuit Alleges Labor Code Violations ----------------------------------------------------------- 4180 Belt Line, Ltd. d/b/a Duke’s Original Roadhouse is facing a class-action complaint filed July 5 in the U.S. District Court for the Northern District of Texas, the CourtHouse News Service reports. Named plaintiff Simon Kugelstadt alleges denial of overtime compensation, a violation of the Fair Labor Standards Act. The suit is “Kugelstadt v. 4180 Belt Line Ltd., Case No. 3:07-cv-01204,” filed in the U.S. District Court for the Northern District of Texas under Judge Barbara M. G. Lynn. Representing plaintiffs are: Richard J. Burch Bruckner Burch 1000 Louisiana, Suite 1300 Houston, TX 77002 Phone: 713/877-8788 Fax: 713/877-8065 E-mail: rburch@brucknerburch.com - and - Robert R. Debes, Jr. Debes Law Firm 17 South Briar Hollow Lane, Suite 302 Houston, TX 77027 Phone: 713/623-0900 Fax: 713/623-0951 E-mail: bdebes@debeslaw.com EAST COAST: Fla. Lawsuit Aims to Collect Unpaid Overtime Wages --------------------------------------------------------------- East Coast Bistro, Inc. is facing a class-action complaint filed July 3 in the U.S. District Court for the Southern District of Florida, the CourtHouse News Service reports. Named plaintiff Elius Morival alleges denial of overtime compensation, a violation of the Fair Labor Standards Act. The suit is “Morival v. East Coast Bistro, Inc. et al., Case No. 2:07-cv- 14197-KMM,” filed in the U.S. District Court for the Soutern District of Florida under Judge K. Michael Moore with referral to Judge Frank J. Lynch, Jr. Representing plaintiffs is: Stacey Hope Cohen Shavitz Law Group 1515 S Federal Highway, Suite 404 Boca Raton, FL 33432 Phone: 561-447-8888 Fax: 447-8831 E-mail: cohen@shavitzlaw.com GLOBAL AERO: Faces Ga. Litigation Over World Air Acquisition ------------------------------------------------------------ Global Aero Logistics, Inc. faces a purported class action in a Georgia state court in connection with its proposed acquisition of World Air Holdings, Inc., according to the company’s June 28, 2007 Form 10-12G Filing with the U.S. Securities and Exchange Commission. The putative class-action complaint was filed on behalf of World’s public stockholders against World and members of World’s board of directors. The complaint alleges, among other things, breach of fiduciary duties by World’s board of directors in connection with the proposed merger in that World’s directors allegedly obtained for themselves improper personal benefits, that World and its board of directors failed to achieve adequate consideration in the merger for its stockholders, that the termination fee payable in certain circumstances to the company is excessive, and that World failed to disclose all material information concerning the merger in its preliminary proxy statement. The complaint also alleges that we aided and abetted such alleged breaches of fiduciary duties by World’s board of directors. Plaintiff seeks, among other things, compensatory and/or rescissory damages and costs and disbursements of the action, including reasonable attorney’s and expert’s fees and costs. Global Aero Logistics, Inc., -- http://www.ata.com/home.html-- formerly known as New ATA Holdings Inc., is principally engaged in providing airline- related services. It operates in four segments: Scheduled Services, Charter Services, Ground Package Services and Other Services. GRASSROOTS CAMPAIGNS: Faces Labor Code Violations Suit in Calif. ---------------------------------------------------------------- Grassroots Campaigns Inc. is facing a class action in San Francisco Federal Court, according to CourtHouse News Service. Plaintiffs Angela Badami, Audrey Ward, Benjamin Campopiano, Kathryn Raven, and Lennon Bronsema are accusing the company of Labor Code violations. The suit is “Badami et al. v. Grassroots Campaigns, Inc., Case No. 3:07-cv- 03465-BZ,” filed in the U.S. District Court for the Northern District of California under Judge Bernard Zimmerman. Representing the plaintiffs is: Robert S. Nelson, Esq. Nelson Law Group 900 Cherry Avenue, Suite 300 San Bruno, CA 94066 Phone: (650) 794-2760 Fax: (650) 794-2761 E-mail: rnelson@nelsonlawgroup.net EMERALD CATERING: Faces Labor Code Violations Lawsuit in Fla. ------------------------------------------------------------- Emerald Catering, Inc. is facing a class-action complaint filed July 5 in the U.S. District Court for the Southern District of Florida, the CourtHouse News Service reports. Named plaintiff Migdalia Quintero brings this action to collect unpaid overtime compensation. The suit is “Quintero v. Emerald Catering, Inc., Case No. 1:07-cv-21717-JAL,” filed in the U.S. District Court for the Southern District of Florida, under Judge Joan A. Lenard. Representing plaintiffs is: Reynaldo Velazquez Velazquez Law Firm PA 100 Almeria Avenue, Suite 340 Coral Gables, FL 33134 Phone: 305-529-0005 Fax: 305-529-0058 E-mail: rey@velazquezlawfirm.com HOGLA-KIMBERLY: Faces $6.6M Suit in Israel Over Titulim Premium ---------------------------------------------------------------- Hogla-Kimberly, Ltd. faces a purported class action in Israel over its “Titulim Premium” baby wipes packages, according to American Israeli Paper Mills Ltd.’s June 28, 2007 Form 20-F Filing with the U.S. Securities and Exchange Commission for the fiscal year ended Dec. 31, 2006. In January 2007, a petition was filed against H-K, an affiliated company (49.9%) American Israeli Paper Mills Ltd., for the approval of a class action. According to the petition, three and a half years ago, H-K reduced the quantity of wipes in the baby wipes packages of its “Titulim Premium” brand and thus misled the public according to the Israeli Consumer Protection Act. The plaintiff estimated the scope of the class action to be approximately NIS28 million ($6,625,600.56). Israel-based American Israeli Paper Mills Ltd. (AIPM) -- http://www.aipm.co.il-- is engaged through its subsidiaries in the manufacture of paper and paper products in Israel. It currently manufactures and markets a wide range of paper grades for stationery, printing and various office uses, fluting paper for the corrugated cardboard industry, corrugated board packaging, packaging for consumer goods, office supplies, a wide range of paper products for household use, absorbent products including disposable diapers and feminine hygiene products, as well as various household products. AIPM is also engaged in recycling including the collection and recycling of paper and cardboard, plastics and in the treatment of solid waste. AIPM shares are publicly traded on the Tel Aviv Stock Exchange and on AMEX. KING’S PLUMBING: Faces Labor Code Violations Suit in Florida ------------------------------------------------------------ King’s Plumbing Service Inc. is facing a labor-related class action filed July 5 in Fort Lauderdale Federal Court, CourtHouse News Service reports. Plaintiff George Cruz alleges Labor Code violations. The suit is “Cruz v. King's Plumbing Service, Inc. et al., Case No. 0:07-cv- 60938-JIC,” filed in the U.S. District Court for the Southern District of Florida under Judge James I. Cohn. Representing the plaintiff is: Keith Michael Stern, Esq. Shavitz Law Group 1515 S Federal Highway Suite 404 Boca Raton, FL 33432 Phone: 561-447-8888 Fax: 447-8831 E-mail: kstern@shavitzlaw.com LOUISIANA: Water District Wins Suit Over “Contaminated” Water ------------------------------------------------------------- A Livingston Parish ad hoc judge has signed a verdict granting no award to plaintiffs who sued in 1999 over allegations of illnesses from contaminated water in the Denham Springs area, 2theadvocate.com’s David J. Mitchell reports. Judge M. Joseph Tiemann signed the jury’s 10-2 judgment June 28, delivering a huge victory to the Ward 2 Water District of Livingston Parish in Louisiana. The legal battle, which lasted for almost eight years, claimed that people across the district got sick due to the contaminated water. It further alleged that the district informed its approximately 8,000 customers several weeks after they found out about the problem. The class action was filed in September 1999, on behalf of about 3,000 plaintiffs, alleging that positive total coliform bacteria counts were found in the water in April and May 1999. The jury believed otherwise. The jurors said the water wasn’t contaminated with these fecal bacteria. The defense was able to convince the jury that the positive coliform tests stemmed from commonly occurring biofilm in water system lines. Defense attorney Carey Tom Jones claimed that plaintiffs’ attorney made false newspaper ads and published a letter to possible plaintiffs regarding the action. Mr. Jones said they will only seek legal costs, which includes experts’ expenses. He said they can’t collect attorney’s fees. Representing the plaintiffs is: Donna Grodner, Esq. Grodner & Associates 2223 Quail Run Drive Suite B-1 Baton Rouge, LA 70808 Phone: (225) 769-1919 Fax: (225) 769-1997 Representing the defendants is: Carey T. Jones, Esq. 8371 Rushing Road East Denham Springs, LA 7027-0700 Phone: (225) 664-0077 Fax: (225) 664-9477 MIDWEST GLOBAL: Ill. Suit Alleges Denial of Overtime Wages ---------------------------------------------------------- Midwest Global Food Distributors, L.L.C. is facing a class-action complaint filed July 6 in the U.S. District Court for the Northern District of Illinois, the CourtHouse News Service reports. Named plaintiff Filemon Zarco alleges denial of overtime compensation, a violation of the Fair Labor Standards Act. The suit is “Zarco v. Midwest Global Food Distributors, L.L.C. et al., Case No. 1:07-cv-03781,” filed in the U.S. District Court for the Northern District of Illinois, under Judge Mark Filip. Representing plaintiffs are: John Edward Untereker Christopher John Williams Workers' Law Office, P.C. 77 W. Washington Street, Suite 1402 Chicago, IL 60602 Phone: (312) 795-9115 Fax: (312) 419-1025 E-mail: juntereker@workers-law.org or cwilliams@workers-law.org MILWAUKEE ELECTRIC: Recalls Batteries Due to Laceration Hazard -------------------------------------------------------------- Milwaukee Electric Tool Co., of Brookfield, Wis., in cooperation with the U.S. Consumer Product Safety Commission, is voluntarily recalling nearly 1 million units of Milwaukee Power Plus, Chicago Pneumatic, and Extractor 14.4 and 18 volt 2.4 Ah NiCd battery packs. According to the company, if a vent on the battery cell is damaged or compromised during use, the battery can explode and pose a laceration hazard to consumers. Milwaukee Electric Tool Co. has received 35 reports of incidents, including 11 injuries from battery packs exploding while in use. Injuries include minor cuts, bruises and some hearing loss. The recalled batteries are used to power drills, saws, radios, flashlights, wrenches and Extractor windshield glass removers. The recall includes 14.4 and 18 volt 2.4 Ah NiCd Milwaukee Power Plus, Chicago Pneumatic, and Extractor battery packs manufactured between July 1999 and February 2004. The brand name can be found on a label on most battery packs. However, some 14.4 Volt 2.4Ah packs did not have “Power Plus” on the label. The battery packs were sold both with tool kits and as individual battery packs. Battery packs manufactured after February 2004 are not included in this recall. These batteries were manufactured in Mexico and were sold at home centers, hardware stores, industrial distributors and vehicle service distributors nationwide from July 1999 through 2005. Consumers should immediately stop using the recalled battery packs. Consumers should contact the Milwaukee Electric Tool Co. to determine if they have one of the recalled batteries. The company will provide a free replacement battery pack for consumers with recalled units. For more information, contact Milwaukee Electric Tool Co. at (800) 729-3878 between 7 a.m. and 6:30 p.m. CT Monday through Friday, or visit the firm’s Web site at http://www.milwaukeetool.com. NATURAL GAS LITIGATION: Sept. Fairness Hearing Set for $11M Deal ---------------------------------------------------------------- A Sept. 5, 2007 fairness hearing is set for a proposed $11,313,846.15 settlement between plaintiffs representing California natural gas end-users, including resellers and co-generators of electricity for resale, and defendants: -- The Williams Companies, Inc., -- Encana Corporation, -- Dynegy, Inc., -- Coral Energy Resources L.P., -- CMS Energy Resources Management Company, -- Aquila Merchant Services, Inc., and -- their respective affiliates, The hearing will be at 1:00 p.m., in the U.S. District Court for the District of Nevada, in the courtroom of the Honorable Philip M. Pro. The proposed settlement would settle claims against the Settling Defendants of all individuals and entities that purchased natural gas in California and/or at the California border during the period January 1, 1999 through December 31, 2002, directly from one of the defendants, for use, for the generation of electricity for the purpose of resale, or for resale. Several lawsuits were filed in federal court between November 10, 2003 and June 21, 2005. These lawsuits were coordinated in the United States District Court for the District of Nevada before the Hon. Philip M. Pro, under the name “In re Western States Wholesale Natural Gas Antitrust Litigation, MDL 1566.” In May 2004 and July 2005, Defendants moved to dismiss Plaintiffs' actions. On April 11, 2005, December 19, 2005, and December 28, 2005, the district court granted the motions. Plaintiffs have appealed those decisions to the U.S. Court of Appeals for the Ninth Circuit (Class Action Reporter, Feb. 28, 2007). The defendants deny these allegations. In exchange for the release of all claims arising out of the conduct alleged by the plaintiffs with respect to the purchase of natural gas during the class period, Settling Defendants will provide total payment to the settlement class of $11,313,846.15. Class members who wish to be included in the settlement class do not need to take any action at this time. These class members will be represented by the plaintiffs and class counsel, and will be entitled, at a later point in time, to submit a claim form to share in the settlement. Class members who wish to be included will be bound by the Court's rulings if the settlement is approved. Pursuant to the Settlement Agreements, disbursements may be made from the Settlement Fund to pay, on an interim basis, reasonable notice and administration costs and tax expenses. These settlements are subject to final approval by the Court following a Fairness Hearing. Deadline to file for exclusion and objection is on August 1, 2007. The suit is "In Re: Western States Wholesale Natural Gas Antitrust Litigation, Case No. 2:03-cv-01431-PMP-PAL MDL-1566," filed in the U.S. District Court for the District of Nevada under Judge Philip M. Pro with referral to Judge Peggy A. Leen. Representing the plaintiffs are: Alan G. Crone Crone & Mason, PC 5100 Poplar Ave., Suite 3200 Memphis, TN 83137 Phone: 901-683-1850 Fax: 901-683-1963 - and - Paul Alexis Del Aguila Greenberg Traurig, LLP 77 West Wacker Drive, Suite 2500 Chicago, IL 60601 Phone: (312) 456-8400 Representing the defendants are: Frederic G. Berner, Jr. Sidley Austin Brown & Wood, LLP 1501 K Street NW Washington, DC 80005 Phone: 202-736-8000 Fax: 202-736-8711 - and - Robert E. Craddock, Jr. Wyatt Tarrant & Combs P.O. Box 775000 Memphis, TN 92177-5000 Phone: 901-537-1000 Fax: 901-537-1010 NOTRE DAME CEMETERY: Faces Suit over Delayed Burial Services ------------------------------------------------------------Families who have been unable to bury family members since May 16 have filed a class action that could total more than CAD$6 million against the Notre Dame des Neiges cemetery, The Gazette’s Irwin Block reports. Attorney Benoit Gamache filed the suit in Quebec Superior Court on behalf of Gino Mucci, who was unable to bury his wife Maria Donata Ruccolo who died May 10. Mr. Gamache said the amount could rise even higher, at the rate of about CA$200,000 day, depending on when the labor conflict ends. The suit names Syndicat des travailleurs du cimetiere Notre Dame des Neiges as an interested party. It is an affiliate of Confederation des syndicats nationaux. The owners and managers of the cemetery have locked out 129 unionized employees in connection with the labor dispute. Since the lockout, neither burials nor cremation has taken place. The complaint charges the cemetery of ignoring its contractual obligations with its clients to bury or cremate their relatives. The complaint seeks: -- reimbursement of half of the $9,400 charged for Ms. Ruccolo’s prearranged funeral; and -- $200 a day in moral, exemplary and punitive damages from May 16 to the time she can be buried and same goes for the families of the 325 bodies being refrigerated. Mr. Gamache said that for 51 days, the amount has reached CAD$6 million. PETROLEUM DEVELOPMENT: Faces Suit in Colo. Over Royalty Payments ---------------------------------------------------------------- Petroleum Development Corp. faces a purported class action in the District Court, Weld County, Colorado, alleging that the Company underpaid royalties on gas produced from wells operated by the Company in the State of Colorado. Glen Droegemueller filed the suit on May 29, 2007. The plaintiff seeks declaratory relief and to recover an unspecified amount of compensation for underpayment of royalties made by the Company to the plaintiff pursuant to leases, according to the company’s June 29, 2007 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2007. Petroleum Development Corp. (PDC) -- http://www.petd.com/-- is an independent energy company engaged primarily in the development, production and marketing of natural gas and oil. POZEN INC: Reaches Settlement in N.C. Securities Fraud Lawsuit -------------------------------------------------------------- POZEN Inc. reached an agreement to amicably settle a consolidated class action filed in the U.S. District Court for the Middle District of North Carolina against POZEN Inc. and Dr. John R. Plachetka, chairman, president and chief executive officer. All claims against the company and Dr. Plachetka will be dismissed in their entirety without admission of liability or wrongdoing by any party. Holders of the company's securities filed five purported class actions in 2004, alleging violations of securities laws. These actions were filed as a single consolidated class action complaint on Dec. 20, 2004. The consolidated complaint alleges, among other claims, violations of federal securities laws, including Section 10(b) of the U.S. Securities Exchange Act of 1934, as amended and Rule 10b-5 and Section 20(a) of the Exchange Act against the company and a current officer, arising out of allegedly false and misleading statements made by the company concerning its product candidates, MT 100 and MT 300, during the class period. By order dated Nov. 4, 2004, the court appointed a lead plaintiff, who filed a consolidated amended complaint on Dec. 20, 2004. The defendants named in the amended complaint are Pozen and John R. Plachetka, chairman and chief executive officer. The amended complaint requests certification of a plaintiff class consisting of purchasers of stock between Oct. 4, 2002 and May 28, 2004. On Jan. 27, 2005, the company filed a motion to dismiss the amended complaint. On Aug. 30, 2005, the motion to dismiss was denied. On March 27, 2006, a motion for class certification was filed. The court granted the motion and certified the case as a class action on Feb. 28, 2007 (Class Action Reporter, May 22, 2007). The settlement agreement, which remains subject to court approval, will be funded entirely with proceeds from the company's directors and officers' liability insurance. The suit is "In Re: Pozen, Inc. Securities Litigation, Case No. 04-CV-505," filed in the U.S. District Court for the Middle District of North Carolina under Judge Frank W. Bullock, Jr. Representing the plaintiffs are: James E. McGovern, Esq. Steven J. Toll, Esq. Matthew K. Handley, Esq. Daniel S. Sommers, Esq. Cohen Milstein Hausfeld & Toll, P.L.L.C. 1100 New York Ave., N.W., West Tower, Ste. 500 Washington, DC 20005 Phone: 202-408-4600 Fax: 202-408-4699 E-mail: mhandley@cmht.com dsommers@cmht.com Harry H. Albritton, Jr. Esq. Marvin Key Blount, Jr., Esq. The Blount Law Firm, P.L.L.C. POD 58, Greenville, NC 27835-0058 Phone: 252-752-6000 Fax: 252-752-2174 E-mail: harry@theblountlawfirm.com deborah@theblountlawfirm.com - and - Richard A. Maniskas Esq. Marc A. Topaz, Esq. Schiffrin & Barroway, LLP 280 King Of Prussia Rd., Radnor, PA 19087 Phone: 610-822-0247 Representing the defendants is: Pressly McAuley Millen, Esq. Womble Carlyle Sandridge & Rice P.O. Box 831 Raleigh, NC 27601 Phone: 919-755-2100 and 919-755-2135 Fax: 919-755-6067 E-mail: pmillen@wcsr.com QBEX INDUSTRIES: Fla. Suit Aims to Collect Unpaid Overtime Wages ---------------------------------------------------------------- Qbex Industries, Inc. is facing a class-action complaint filed July 5 in the U.S. District Court for the Southern District of Florida, the CourtHouse News Service reports. Named plaintiff Renato Larenas brings this action to collect unpaid overtime compensation. The suit is “Larenas v. Qbex Industries, Inc. et al., Case No. 1:07-cv-21716- FAM,” filed in the U.S. District Court under Judge Federico A. Moreno with referral to Judge Andrea M. Simonton. Representing plaintiffs is: Reynaldo Velazquez Velazquez Law Firm PA 100 Almeria Avenue, Suite 340 Coral Gables, FL 33134 Phone: 305-529-0005 Fax: 305-529-0058 E-mail: rey@velazquezlawfirm.com RC2 CORP: Kaplan Fox Files Ill. Suit Over Recalled Railway Toys ---------------------------------------------------------------- Kaplan Fox & Kilsheimer LLP filed on June 27 a class action in the U.S. District Court for the Northern District of Illinois on behalf of a class of all persons who, from January 2005 through the present, purchased or paid for various Thomas & Friends(TM) Wooden Railway Toys. As alleged in the Complaint, on or about June 13, 2007, after determining that the surface paints on certain of its railway toys contain lead, RC2 Corp. issued a recall of various Thomas & Friends(TM) Wooden Railway Toys including a warning to parents and consumers that lead is toxic if ingested by young children and can cause adverse health effects. The original recall was limited to various Thomas & Friends(TM) Wooden Railway Toys sold at toy stores and various retailers nationwide from January 2005 though June 2007. The Office of Information and Public Affairs estimated on June 13, 2007 that approximately 1.5 million Thomas Toys are subject of the recall. The Complaint further alleges that Defendants marketed and advertised Thomas & Friends(TM) Wooden Railway Toys throughout the nation and in the state of Illinois as being safe for children. Thomas & Friends(TM) Wooden Railway Toys were sold in toy stores, department stores and specialty shops throughout the nation and the state of Illinois. The recalled Thomas & Friends(TM) Wooden Railway Toys include: -- Red James Engine & Red James' # 5 Coal Tender, -- Red Lights & Sounds James Engine & Red James' # 5 Lights & Sounds Coal Tender, -- James with Team Colors Engine & James with Team Colors #5 Coal Tender, -- Red Skarloey Engine, Brown & Yellow Old Slow Coach, -- Red Hook & Ladder Truck & Red Water Tanker Truck, -- Red Musical Caboose, Red Sodor Line Caboose, -- Red Coal Car labeled "2006 Day Out With Thomas" on the Side, -- Red Baggage Car, -- Red Holiday Caboose, -- Red "Sodor Mail" Car, -- Red Fire Brigade Truck, -- Red Fire Brigade Train, -- Deluxe Sodor Fire Station, -- Red Coal Car, -- Yellow Box Car, -- Red Stop Sign, -- Yellow Railroad Crossing Sign, -- Yellow "Sodor Cargo Company" Cargo Piece, -- Smelting Yard and the Ice Cream Factory. Plaintiff seeks to recover damages and other relief on behalf of the Class. The suit is “Walton v. RC2 Corp. et al., Case No. 1:07-cv-03614,” filed in the U.S. District Court for the Northern District of Illinois, under Judge Rebecca R. Pallmeyer. Representing plaintiffs are: Andrae P. Reneau Edward Anthony Wallace Kenneth A. Wexler Wexler Toriseva Wallace LLP 1 North LaSalle Street, Suite 2000 Chicago, IL 60602 Phone: (312) 346-2222 E-mail: apr@wtwlaw.us or eaw@wtwlaw.us or kaw@wtwlaw.us SELECTIVE PUBLISHING: Ill. Suit Alleges Labor Code Violations ------------------------------------------------------------- Selective Publishing Inc. is facing a class-action complaint filed July 6 in the U.S. District Court for the Northern District of Illinois, the CourtHouse News Service reports. Named plaintiffs -- Alfredo Segura, Adalberto Hernandez, Benjamin Miranda and Hector Bahena -- allege denial of overtime compensation, a violation of the Fair Labor Standards Act. The suit is “Segura et al. v. Selective Publishing Inc. et al., Case No. 1:07- cv-03786,” filed in the U.S. District Court for the Northern District of Illinois under Judge William J. Hibbler. Representing plaintiffs are: John Edward Untereker Christopher John Williams Workers' Law Office, P.C. 77 W. Washington Street, Suite 1402 Chicago, IL 60602 Phone: (312) 795-9115 Fax: (312) 419-1025 E-mail: juntereker@workers-law.org or cwilliams@workers-law.org SPARKS STEAK: N.Y. Judge Allows Tip Pooling Lawsuit by Waiters -------------------------------------------------------------- A Manhattan federal court certified as class action a suit filed against Sparks Steak House by 60 waiters, New York Post reports. The ruling allows more than 120 past and current Sparks waiters to join in the case. The original plaintiffs claim the company illegally deducted money from the waiters' tip pool to pay bartenders and other workers not entitled to the cash. The suit's only named plaintiff is Gerald Duchene, a 14-year Sparks waiter who left the restaurant's employ last November. Sparks Steak on the Net: http://www.sparkssteakhouse.com/ Representing the plaintiffs is: Louis Pechman, Esq. Berke-Weiss & Pechman LLP 488 Madison Avenue 11th Floor New York, NY 10022 Phone: (212) 583-9500 Fax: (212) 308-8582 Sparks' lawyer is: Bill Carmell, Esq. 100 Park Avenue, Suite 2500 New York, New York 10017 E-mail: wcarmell@fordharrison.com Phone: 212-453-5942 Fax: 212-453-5959 TARGET STORES: Cal. Employees Complain of Forced Overtime --------------------------------------------------------- Employees of Target Stores allege in a class-action complaint filed in the Superior Court of California that the company locks in workers for forced overtime, the CourtHouse News Service reports. The 13 named plaintiffs -- 12 of them Hispanic, 11 of them women -- allege Target Stores forces employees to work overtime by: -- “force or fear,” -- locking them into stores, and -- threatening to fire them if they do not do the forced labor. Plaintiffs claim Target falsely imprisoned them and violated state labor and business laws through its brutal enforcement of forced overtime. They seek an injunction and damages for more than 1,000 employees who allegedly were subjected to the abuses. Representing plaintiffs is: Manuel Miller Law Offices of Manuel H. Miller Suite 210, 5530 Corbin Ave. Tarzana, CA 91356 Phone: (818) 401-0066 Fax: (818) 401-0065 Web site: http://www.miller4law.com TEXAS: Judge Okays Improvements to Medicaid for Poor Children ------------------------------------------------------------- A federal judge approved a settlement that intends to improve access to medical care for more than 2 million indigent children in Texas, according to the Associated Press. The settlement was presented on April 9 to U.S. District Judge William Wayne Justice. He gave attorneys until April 27 to submit a final draft of the settlement agreement. He approved that agreement July 9. The Medicaid lawsuit was filed in 1993 by Linda Frew on behalf of her daughter Carla Frew. It alleged that Texas failed to ensure access to checkups and follow-up care. The case was certified as a class action in 1994. Among the items addressed in the settlement is the Medicaid provider reimbursement rates, which would increase by 25 percent over current rates to physicians and 50 percent to dentists (Class Action Reporter, April 16, 2007). Plaintiffs and state legislators agreed on over $700 million needed to fulfill the provisions in the agreement. It called for as much as five years of state action, involving the state's obligation to provide transportation for Medicaid beneficiaries, managed care improvements and family outreach programs, according to Susan Zinn, a San Antonio lawyer who represents the children's interests. In addition, the settlement also requires Medicaid to restore the efficiency of toll-free hot lines and more prescription drugs. Majority of these changes will be implemented on Sept. 1. The suit is "Frazar, et al. v. Hawkins, et al., Case No. 3:93-cv-00065-WWJ," filed in the Eastern District of Texas under Judge William W. Justice. Representing the plaintiffs is: John Robert, Esq. Heard at Heard & Smith 3737 Broadway St., Suite 310 San Antonio, TX 78209-6552 Phone: (210) 820-3737 Fax: (210) 820-3777 E-mail: jrhatty@heardandsmith.com Representing the defendants is: Linda Ann Halpern Attorney General's Office P.O. Box 12548, Capitol Station Austin, TX 78711 Phone: 512/475-1969 Fax: 15123200667 E-mail: linda.halpern@oag.state.tx.us * David Bershad Pleads Guilty in Plaintiff Kickback Conspiracy -------------------------------------------------------------- David Bershad, a former partner of Milberg Weiss & Bershad LLP, pleaded guilty to conspiracy in connection with kickbacks the firm paid to plaintiffs in class action and shareholder lawsuits. In his plea agreement, Mr. Bershad agreed to forfeit $7.75 million (EUR5.69 million), to pay a $250,000 (EUR183,540) fine. He also agreed to testify against the law firm. Prosecutors are due to reconvene the grand jury as soon as Thursday, raising the possibility that more indictments are on their way, according to The Wall Street Journal. In May, Milberg Weiss and David J. Bershad and Steven G. Schulman were indicted by a federal grand jury for allegedly participating in a scheme in which several individuals were paid millions of dollars in secret kickbacks in exchange for serving as named plaintiffs in more than 150 class actions and shareholder derivative lawsuits. The firm allegedly received well over $200 million in attorneys' fees from these lawsuits over the past 20 years. ********* A list of Meetings, Conferences and Seminars appears in each Wednesday's edition of the Class Action Reporter. Submissions via e-mail to carconf@beard.com are encouraged. Each Friday's edition of the CAR includes a section featuring news on asbestos-related litigation and profiles of target asbestos defendants that, according to independent researches, collectively face billions of dollars in asbestos-related liabilities. ********* 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 Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Glenn Ruel Senorin, Ma. Cristina Canson, and Janice Mendoza, and Mary Grace Durana, Editors. Copyright 2007. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 240/629-3300. * * * End of Transmission * * *