/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/070920.mbx C L A S S A C T I O N R E P O R T E R Thursday, September 20, 2007, Vol. 9, No. 186 Headlines ARKANSAS: Lawyer Discipline Panel Faces Lawsuit in Minn. AT&T CORP: Accused of Stock Options Fraud in Delaware Lawsuit AWB LTD: Iraqi Women File Suit in N.Y. Over Kickbacks to Saddam AWB LTD: Seeks to Dismiss Lawsuit Filed by Va. Wheat Farmers BACK TO BASICS: Recalls Iced Tea Makers Due to Fire Hazard CANADA: Appeals Certification of Lawsuit Over Jaw Implants DOLE FOOD: Recalls Tainted “Dole Hearts Delight” Packaged Salads EMC CORP: Faces Sexual Discrimination Suit by Women Sales Rep FIRST AMERICAN: Moves to Junk Suit Against Yigo Lands Insurers HAYES CO: Recalls Outdoor Candles Due to Fire, Burn Hazards JAPAN: Suits Planned to Compel Gov’t to Help Hepatitis Victims KLA-TENCOR CORP: Seeks Dismissal of Calif. Securities Fraud Suit LAUREATE EDUCATION: Md. Court OKs Motion to Dismiss Merger Suit LENOX GROUP: Still Faces Pa. Suit Over Alleged FACTA Violations PDI INC: Calif. Court Dismisses Labor Suit After Settlement PIONEER COS: Continues to Face “Frazier” Pollution Suit in La. POLO RALPH: Cal. Dress Code Suit Settlement Gets Final Approval POLO RALPH: Still Faces Several Labor-Related Lawsuits in Calif. PRESSTEK INC: Continues to Face Securities Fraud Suit in N.H. PUBLIC STORAGE: Cal. Court Junks Claims in "Brinkley" Labor Suit PUBLIC STORAGE: Dismissal of Storage Insurance Suit Appealed PURDUE PHARMA: Oxycontin-Maker Continues to Face Lawsuits REI: Recalls Children’s Novara Afterburner Trailer Bicycle SHURGARD STORAGE: Calif. Court Certifies Class in Consumer Suit USANA HEALTH: Still Faces Securities Fraud Lawsuits in Utah VIVENDI UNIVERSAL: Could Face Suit by European Pension Schemes VOICE OF AMERICA: Broadcaster Sues Over Hiring Practice WEIGHT WATCHERS: Calif. Court Gives Final OK to Labor Suit Deal WEST VIRGINIA: Health Secretary Sued Over MR/DD Waiver Program WORKSTREAM INC: N.Y. Securities Fraud Suit Still in Discovery * Class Action Administrator Opens New Chicago Regional Office * William Lerach Admits Paying Kickbacks to Plaintiffs New Securities Fraud Cases CARE INVESTMENT: Coughlin Stoia Files N.Y. Securities Fraud Suit LCA-VISION: Strauss & Troy Files Ohio Securities Fraud Lawsuit ********* ARKANSAS: Lawyer Discipline Panel Faces Lawsuit in Minn. -------------------------------------------------------- Two black lawyers are seeking class-action status for a racial discrimination lawsuit they filed against the state’s Supreme Court Committee on Professional Conduct last year, Linda Satter of Arkansas Democrat Gazette reports. Darrell Brown Sr. and R. S. McCullough filed the lawsuit in March 2006. Mr. Brown was disbarred in March after failing to challenge allegations of “serious misconduct,” including claims that he converted or misappropriated funds from clients. Mr. McCullough is accused of violating various rules of professional conduct in representing clients. His disbarment hearing was scheduled for Sept. 6 but was delayed. The lawyers claim the committee’s Model Rules of Professional Conduct and the Arkansas Rules of Professional Conduct violate due-process and equal- protection laws. The rules also allegedly “permit and encourage arbitrary and capricious use by the defendants.” Defendants allegedly use the rules to punish certain lawyers more harshly than others. The defendants are: * Stark Ligon, executive director of the committee; * J. Michael Cogbill; and * the seven justices on the Arkansas Supreme Court, which adopts the rules the committee enforces. The purported class consists of “Arkansas lawyers of all sexes and races” who are subject to “the mal-treatment that has and can result” from the rules the committee employs. The suit seeks an injunction to prohibit discriminatory policies, a declaratory judgment that the defendants’ actions have violated the plaintiffs’ rights, compensatory and punitive damages, and reimbursement of litigation expenses. The case was originally filed as "McCullough et al. v. Ligon et al., Case No. 4:2006cv00289," in the Arkansas Eastern District Court. It is now before U. S. District Judge David S. Doty of Minnesota. Judge Doty was appointed after all federal judges in Arkansas recused. AT&T CORP: Accused of Stock Options Fraud in Delaware Lawsuit ------------------------------------------------------------- AT&T Corp. and AT&T Wireless Services, Inc. are facing a class action filed Sept. 15 in the Court of Chancery of the State of Delaware in and for New Castle County accusing it of cheating 15,000 workers of stock options, the CourtHouse News Service reports. Named plaintiffs Debbie Johnson and Jerry Rybin allege AT&T cheated 15,000 MediaOne employees of millions of dollars in stock options by canceling and underpaying for them after the AT&T Wireless-Cingular merger. AT&T bought MediaOne in 2000 and converted MediaOne employees’ shares into AT&T stock or options, then canceled them after the 2004 merger, the complaint states. On the options it did pay anything for, AT&T paid out an insufficient amount, plaintiffs say. Plaintiffs bring this action pursuant to Rule 23 of the Rules of the Court of Chancery of the State of Delaware on behalf of all former MediaOne employees, and their successors-in-interest, who held MediaOne stock options that were adjusted into options to acquire the common stock of AT&T in 2000 and, in 2001, further adjusted into options to acquire the common stock of AT&T Wireless, which options were effectively cancelled on Oct. 26, 2004 in connection with the acquisition of Wireless by Cingular Wireless Corp. They want the court to rule on: (a) whether AT&T is liable for breaching the 1994 plan and plaintiffs' individual agreements by failing to preserve the full economic value of the options; (b) whether AT&T breached the terms of the 1994 plan and the individual agreements by failing to insure that their terms and conditions would continue to govern the options following the Wireless split-off; (c) in the alternative, whether Wireless breached the 1994 plan by effectively canceling the options for no or inadequate consideration; and (d) whether the 1994 plan continues to govern the options. Plaintiffs request judgment against defendants and in favor of the named plaintiffs and the class, and the award of the following relief: -- declaring this action to be a class action and certifying plaintiffs and the class representatives and their counsel as class counsel; -- a declaratory judgment pursuant to Rule 57 of the Court of Chancery Rules that AT&T is bound by the court's July 20 opinion and therefore liable to plaintiffs and the other members of the class; -- awarding plaintiffs and the other members of the class money damages for the value of the options cancelled and/or cashed out of inadequate consideration in the Cingular Wireless merger; -- awarding plaintiffs the costs and disbursements of this action, including a reasonable allowance for attorneys and expert fees; and -- granting such other and further relief as the court may deem just and proper. The suit is "Debbie Johnson et al. v. AT&T Corp. et al., Case No. 3230," filed in the Court of Chancery of the State of Delaware in and for New Castle County. Representing plaintiffs are: Kevin G. Abrams Nathan A. Cook Abrams & Laster LLP Brandywine Plaze West 1521 Concord Pike #303 Wilmington, DE 19803 Phone: (302) 778-1000 - and - Miranda S. Schiller Joshua S. Amsel Stefania D. Venezia Weil, Goshal & Manges LLP 167 Fith Avenue New York, NY 10153 Phone: (212) 310-8000 AWB LTD: Iraqi Women File Suit in N.Y. Over Kickbacks to Saddam --------------------------------------------------------------- Two Iraqi women filed a class action against Australian Wheat Board Limited, AWB (U.S.A.) Limited and France-based bank Banque Nationale de Paris Paribas for assisting Saddam Hussein’s regime through kickbacks it paid to the ruler in exchange for contracts, reports say. The suit was filed in the U.S. District Court in New York on behalf of Saadya Mastafa and Kafia Ismail, as well as their surviving immediate family members. Plaintiffs claim Australian wheat exporter AWB Ltd. and its U.S. arm contributed to injuries and damages they sustained because of the almost $300 million in kickbacks the agricultural company paid to the dictator's regime. AWB is already facing at least three other class actions, including that of investors in Australia, and wheat farmers in the U.S. The Cole inquiry last year found AWB guilty of paying kickbacks, but it cleared the company of possible terrorism-related charges related to the kickbacks. The suit is "Mastafa et al. v. Australian Wheat Board Limited et al., Case No. 1:2007cv07955," filed in the U.S. District Court for the Southern District of New York under Judge Lewis A. Kaplan. For more information, contact one of plaintiffs’ lawyers: John Murray, Esq. Murray & Murray Sandusky, Ohio Phone: (419) 624-3125 (Direct Dial) (419) 624-3000 (Main Swichboard) (800) 624-3009 (Toll Free) Fax: (419) 624-0707 AWB LTD: Seeks to Dismiss Lawsuit Filed by Va. Wheat Farmers ------------------------------------------------------------ AWB Ltd. has asked the U.S. District Court for the Southern District of New York to dismiss a Boyd class action that was brought by a group of U.S. wheat growers, reports say. The suit was filed in April by U.S. law firm of Cohen, Milstein, Hausfeld and Toll on behalf of American wheat farmers in federal district court in New York, according to an April article of The Australian. The lead plaintiff is John Boyd of Baskerville, Virginia. Four Kansan farmers, and one from Montana, are also part of the action. These other plaintiffs are Veryl Switzer, Gillan Alexander, Rod Bradshaw, Wilburt Howard and Pat Dailey. The suit seeks up to $100 million in damages from AWB Ltd. and its U.S. subsidiary, AWB (USA) Ltd. It alleges Racketeer Influenced and Corrupt Organizations Act violations. It says AWB “paid bribes to the Iraqi government” to “exploit a monopoly on wheat sold into Iraq.” U.S. farmers claim they were “stuck with an oversupply of wheat” between 1999 and 2003 because Iraq dealt only with AWB Ltd., which was paying kickbacks to Saddam Hussein's regime, according to the report. The complaint was lodged on behalf of farmers who produced hard red winter wheat, of the type grown across the great plains, including Texas, Oklahoma, Kansas, Nebraska, Colorado, Wyoming, South Dakota and Montana. The suit is “Boyd et al. v. AWB Limited et al., Case No. 1:2007cv03007,” filed before Judge Gerard E. Lynch. Cohen, Milstein, Hausfeld and Toll on the Net: http://www.cmht.com/. BACK TO BASICS: Recalls Iced Tea Makers Due to Fire Hazard ---------------------------------------------------------- Back to Basics Products LLC, of West Bend, Wis. and Bluffdale, Utah, in cooperation with the U.S. Consumer Product Safety Commission, is recalling about 10,000 IT400 iced tea makers. The company said the iced tea maker’s components can fail, posing a fire hazard to consumers. No injuries have been reported. The recalled Iced Tea Maker (Model #IT400) is mostly white and has a 2.5 quart glass pitcher. The recall includes only those products with a date code of CA1307 or CA1307-A. The model number is embossed on the bottom of the unit, and the date code is printed on a small white sticker, which is also on the bottom of the unit. These recalled iced tea makers were manufactured in China and are being sold at Bon-Ton department stores and hardware stores nationwide, the JCPenney catalog, and Internet retailers from April 2007 through July 2007 for between $40 and $50. Picture of recalled iced tea makers: http://www.cpsc.gov/cpscpub/prerel/prhtml07/07306.jpg Consumers are advised to stop using and unplug the recalled iced tea makers immediately and contact Back to Basics Products to receive a free replacement product or refund. For additional information, call the firm at (800) 874-4084 between 7:30 a.m. and 4 p.m. CT Monday through Friday; visit the firm’s Web site: http://www.backtobasicsproducts.com;or E-mail: IT400recall@btbproducts.com CANADA: Appeals Certification of Lawsuit Over Jaw Implants ---------------------------------------------------------- Health Canada has appealed a decision by the Ontario Superior Court to certify as class action a lawsuit over the jaw implant Vitek TMJ, CTV.ca reports. A lawyer for the plaintiffs, John Legge, said that despite being warned that the jaw implants could break down, Health Canada failed to issue warnings or take action to get the devices off the market. The device was later withdrawn after numerous calls. The lawsuit specifically alleges that the Health Canada employees negligently approved the Vitek TMJ implants under the Food and Drugs Act, and that they failed to warn doctors and patients of potential risks. The case is the first suit involving faulty medical device to be allowed against Health Canada regulators, the report noted. It was given a go-ahead by Mr. Justice Maurice Cullity who dismissed the federal government’s arguments that allowing the suit to continue would expose government regulators to a flood of litigations in the future. Kirk Makin of Globe and Mail (Canada) reported that majority of the plaintiffs in the class action are women who had the implants because they had been clenching their jaws in a way that caused them muscle pain. The lead plaintiff in the case is Kathryn Taylor. The implants were manufactured in the U.S. and marketed under the trademark Proplast. James Newland is one of the lawyers behind the lawsuit. Representing the plaintiffs is: John Legge, Esq. Legge & Legge 65 St. Clair Avenue East, Suite 800 Toronto, Ontario Canada M4T 2Y3 Web site: http://leggeandlegge.com/ Phone: (416) 923-1776 x 224 Fax: (416) 925-5344 E-mail: jlegge@leggeandlegge.com DOLE FOOD: Recalls Tainted “Dole Hearts Delight” Packaged Salads ---------------------------------------------------------------- Dole Fresh Vegetables, a division of Dole Food Co., Inc., is voluntarily recalling all salad bearing the label "Dole Hearts Delight" sold in the U.S. and Canada with a "best if used by (BIUB)" date of September 19, 2007, and a production code of "A24924A" or "A24924B" stamped on the package. The "best if use by (BIUB)" code date can be located in the upper right hand corner of the front of the bag. The salad was sold in plastic bags of 227 grams in Canada and one-half pound in the U.S., with UPC code 071430-01038. Symptoms of E. coli O157:H7 exposure could include stomach cramps and diarrhea. Bloody diarrhea may develop. E. coli disease sometimes leads to a complication called hemolytic uremic syndrome (HUS). If you exhibited any of these symptoms within 3 to 5 days of consuming any of the products specified above, seek medical attention. To date, Dole has received no reports that anyone has become sick from eating these products. The recall is occurring because a sample in a grocery store in Canada was found through random screening to contain E. coli O157:H7. No other Dole salad products are involved. Eric Schwartz, President, Dole Fresh Vegetables, stated: "Our overriding concern is for consumer safety. We are working closely with the U.S. Food and Drug Administration, the Canadian Food Inspection Agency, and several U.S. state health departments." Consumers who may still have any of the "Dole Hearts Delight" salads with a "best if used by date" of September 19 and a production code of "A24924A" or "A24924B" are advised to dispose of the product. This product was sold in Ontario, Quebec and the Maritime Provinces in Canada and in Illinois, Indiana, Maine, Michigan, Mississippi, New York, Ohio, Pennsylvania, Tennessee and neighboring states in the U.S. Consumers can call the Dole Consumer Center toll-free at 800-356-3111. Consumers are reminded that products should not be consumed after the "best if used by" date. Dole Food Company, Inc., with 2006 revenues of $6.2 billion, is the world's largest producer and marketer of high-quality fresh fruit, fresh vegetables and fresh-cut flowers. Dole markets a growing line of packaged and frozen foods and is a produce industry leader in nutrition education and research. EMC CORP: Faces Sexual Discrimination Suit by Women Sales Rep ------------------------------------------------------------- A judge for the U.S. District Court in Northern Illinois is to decide whether a sexual discrimination suit filed against IT company EMC Corp. could include other female workers in the company. Last week’s reports based on the Wall Street Journal said a Sept 17 hearing was set to determine whether to allow other women who worked in sales at EMC from 2001 to 2004 to join the suit. Since then, there was no report of the hearing or its outcome. The suit alleging discrimination and harassment was filed in 2004 by two women who were former sales representatives at the company, Tami Remien and Debra Fletcher. The women allege that EMC's discriminatory conduct included failure to hire and promote women, failure to credit women for their experience on the same basis as male employees, systemically paying women lower wages, creating an environment hostile and offensive to women, making employment decisions based on gender stereotypes, and defaming women to their clients, co-workers and corporate partners. The plaintiffs argue that the resulting lack of opportunity for career advancement and hostile work environment forced them to resign from EMC. They specifically charge EMC district manager Rick Otten with sexual harassment and discriminatory actions. The lawsuit seeks class-action status as 12 other EMC saleswomen have also filed sex-discrimination cases. EMC strongly denied that discrimination or harassment happened or continues to occur at the company. Representing the plaintiffs is: Mary Stowell, Esq. Stowell & Friedman, Ltd. 321 S. Plymouth Court, Ste. 1400 Chicago IL 60604 Phone: 312-431-0888 Fax: 312-431-0228 Web site: http://www.stowellandfriedman.com FIRST AMERICAN: Moves to Junk Suit Against Yigo Lands Insurers -------------------------------------------------------------- First American Title Insurance Co. is moving to dismiss a civil suit filed by Gill Baza subdivision developer Cyfred Ltd. in the District Court of Guam, KUAM.com reports. Cyfred filed on Aug. 20 a class action against an insurance business that provides title insurance for its properties in Yigo, Guam (Class Action Reporter, Aug 31, 2007). The Gill-Baza Subdivision was a way for low-income residents to find their way to home ownership by purchasing lots from Cyfred. These residents could purchase property for zero or low money down at a 12% interest rate, with monthly payments under $500 a month. Attorney Curtis Van De Veld filed the action, alleging Stewart Title Guaranty and others failed to seek approval of insurance forms and rates they charge consumers. Cyfred also alleges the company only provided "an illusion of insurance coverage"; it never intended to provide and that its' policies were unfair and illegal. The suit raises claims under the Racketeer Influenced and Corrupt Organizations. It seeks $9,999,000. Attorney David Dooley for First American had argued service of the lawsuit was improper and therefore the case should be dismissed. The suit is “Cyfred, Ltd. v. Stewart Title Guaranty Co. et al., Case No. 1:07- cv-00023,” filed in the U.S. District Court for the District of Guam, under Judge Frances M. Tydingco-Gatewood. Representing plaintiffs is: Curtis Charles Van de veld The Vandeveld Law Offices, P.C. Second Floor, Historical Bldg. 123 Hernan Cortes Avenue Hagatna, GU 96910 Phone: 671-477-2020 Fax: 671-472-2561 Representing First American is: David W. Dooley, Esq. Dooley, Lannen, Roberts & Fowler, L.L.P. Orlean Pacific Plaza Suite 201 865 South Marine Drive Tamuning 96911, Guam Phone: (671) 646-1222 Fax: (671) 646-1223 HAYES CO: Recalls Outdoor Candles Due to Fire, Burn Hazards ----------------------------------------------------------- The Hayes Co. Inc., of Valley Center, Kansas, in cooperation with the U.S. Consumer Product Safety Commission, is recalling about 83,000 "Avant Yarde" decorative glaze outdoor candles. The company said the candle's wax can catch fire causing a high flame, which poses a fire and burn hazard to consumers. The firm has received two reports of consumers who suffered minor burns to their hands when they tried to extinguish flames coming from the candle. The recall involves three styles of outdoor citronella candles with a glazed lower portion that is brown, blue, or green. The item number 18134 can be located on the top left part of the label on the bottom of the candle. These recalled candles were manufactured in China and are being sold at Ace Hardware stores nationwide from February 2006 through June 2007 for about $8. Pictures of the recalled candles: http://www.cpsc.gov/cpscpub/prerel/prhtml07/07304a.jpg http://www.cpsc.gov/cpscpub/prerel/prhtml07/07304b.jpg Consumers should stop using the recalled candles immediately and return them to any Ace Hardware store for a full refund. For further information, contact Hayes at (800) 838-5053 between 8 a.m. and 5 p.m. CT Monday through Friday, or visit the firm’s Web site: http://www.hayesco.com. JAPAN: Suits Planned to Compel Gov’t to Help Hepatitis Victims --------------------------------------------------------------- Lawyers for a settled hepatitis B suit in Japan announced a plan to file several class actions against the central government by the end of this year, The Yomiuri Shimbun reports. Takahiro Okuizumi, who heads the group of attorneys, announced the plan at a meeting of those who contracted the hepatitis virus through contaminated blood products and other medically related means, according to the report. The suits are likely to be filed with at least five district courts, including those in Tokyo, Osaka and Sapporo. The now settled suit was filed with the Sapporo District Court on behalf of people who contracted hepatitis B virus in their childhood through then mandatory vaccinations, and relatives of those who contracted the virus. The case was dismissed in 2000, but the Sapporo High Court ordered the government in 2004 to pay JPY16.5 ($142,442) million to three of the five plaintiffs. And in June 2006, the Supreme Court ordered the central government to pay a total of JPY27.5 million ($237,424) to the five plaintiffs. People who are highly likely to have contracted the virus purely through vaccinations are expected to participate in the class actions, according to the report. The attorneys expect that more than 100 hepatitis B patients will join the class actions that would hopefully compel the central government to provide specific support to help HBV victims. KLA-TENCOR CORP: Seeks Dismissal of Calif. Securities Fraud Suit ---------------------------------------------------------------- KLA-Tencor Corp. and several of its current and former directors and officers are seeking the dismissal of a consolidated securities fraud class action filed in the U.S. District Court for the Northern District of California. Initially, the company was named as a defendant in a putative securities class action filed on June 29, 2006 in the U.S. District Court for the Northern District of California. Two similar actions were filed later in the same court, and all three cases have been consolidated into one action, under the caption "In re KLA-Tencor Corp. Securities Litigation, No. C06- 04065." The consolidated complaint alleges claims under the U.S. Securities Exchange Act of 1934 as a result of the Company's past stock option grants and related accounting and reporting, and seeks unspecified monetary damages and other relief. The plaintiffs seek to represent a class consisting of purchasers of KLA- Tencor stock between June 30, 2001 and May 22, 2006 who allegedly suffered losses as a result of material misrepresentations in KLA-Tencor's SEC filings during that period. The lead plaintiffs, who seek to represent the class, are the Police and Fire Retirement System of the City of Detroit, the Louisiana Municipal Police Employees' Retirement System, and the City of Philadelphia Board of Pensions and Retirement. The defendants are KLA-Tencor, Edward W. Barnholt, H. Raymond Bingham, Robert J. Boehlke, Robert T. Bond, Gary E. Dickerson, Richard J. Elkus, Jr., Jeffrey L. Hall, Stephen P. Kaufman, John H. Kispert, Kenneth Levy, Michael E. Marks, Stuart J. Nichols, Kenneth L. Schroeder, Jon D. Tompkins, Lida Urbanek and Richard P. Wallace. The litigation is at an early stage. Discovery has not commenced, and the court has not yet determined whether the plaintiffs may sue on behalf of any class of purchasers. The Company and all other defendants filed motions to dismiss these cases in June 2007, which are now pending before the Court, according to the company's Aug. 17, 2007 Form 10-K Filing with the U.S. Securities and Exchange Commission for the fiscal year ended June 30, 2007. The suit is "In re KLA-Tencor Corp. Securities Litigation, No. C06-04065," filed in the U.S. District Court for the Northern District of California under Judge Martin J. Jenkins. Representing the plaintiffs are: Robert S. Green, Esq. Green Welling LLP 595 Market Street, Suite 2750 San Francisco, CA 94105 Phone: 415-477-6700 Fax: 415-477-6710 E-mail: RSG@CLASSCOUNSEL.COM - and - Lesley Ann Hale, Esq. Berman DeValerio Pease Tabacco Burt & Pucillo 425 California Street, Suite 2100 San Francisco, CA 94104 Phone: 415-433-3200 Fax: 415-433-6382 E-mail: lhale@bermanesq.com Representing the defendants is: Benjamin P. Smith, Esq. Morgan, Lewis & Bockius, LLP One Market, Spear Street Tower San Francisco, CA 94105 Phone: 415-442-1000 Fax: 415-442-1001 E-mail: bpsmith@morganlewis.com LAUREATE EDUCATION: Md. Court OKs Motion to Dismiss Merger Suit --------------------------------------------------------------- The Circuit Court for Baltimore City, Maryland granted a joint motion that sought for the dismissal of a purported class action against Laureate Education, Inc. Initially, two lawsuits were filed following the public announcement of the proposed transaction contemplated by the original merger agreement dated Jan. 28, 2007, among Laureate Education Inc., Wengen Alberta, Limited Partnership, and L Curve Sub Inc. The purported class actions were filed in the Circuit Court for Baltimore City, Maryland, against the Company, the directors of the Company, and certain investors in Wengen Alberta (Investor Group). These two actions were consolidated under the caption, “In re Laureate Education, Inc. Shareholder Litigation, Case No. 24-C-07-000664.” On April 5, 2007, Plaintiffs filed a Consolidated Amended Complaint which alleged, among other things: -- the proposed transaction is the result of a flawed process; -- the consideration offered to the holders of the Company’s common stock is inadequate; -- the officers and directors of the Company breached their fiduciary duties owed to holders of the Company’s common stock; -- the Investor Group aided and abetted such breaches; and -- Defendants conspired to accomplish unlawful acts and/or use unlawful means to accomplish acts not in themselves unlawful. Plaintiffs sought to enjoin the implementation of the proposed transaction or, in the event that the proposed transaction was completed, to rescind the transaction or to obtain an award of damages in an unspecified amount. On April 18, 2007, Defendants filed motions to dismiss the Consolidated Amended Complaint. On May 4, 2007, the court held a hearing on the motions. On May 11, 2007, the court granted the motion to dismiss that had been filed by the members of the Investor Group other than Messrs. Becker and Hoehn- Saric and Sterling Capital Partners II, L.P., and deferred ruling on the motions to dismiss that had been filed by the other Defendants pending a period of limited discovery. On June 13, 2007, following the commencement of the tender offer on June 8, 2007 by L Curve Sub Inc. and M Curve Sub Inc., both direct subsidiaries of Wengen Alberta, Plaintiffs filed a Second Amended Consolidated Complaint, naming only the Company and the directors of the Company as Defendants, and alleging a single count of breach of fiduciary duty. On June 15, 2007, the remaining Defendants served a joint motion to dismiss the Second Amended Complaint. The court held a hearing on the motion on June 22, 2007. On June 26, 2007, the court granted the joint motion to dismiss with prejudice, holding that Maryland law does not permit a direct action against corporate directors for alleged violations of fiduciary duties, according to the the company's Aug. 9, 2007 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2007. Laureate Education, Inc. -- http://www.laureate-inc.com--formerly Sylvan Learning Systems, provides full-time and working adult career education through online and campus-based programs in Asia, the Americas, and Europe. LENOX GROUP: Still Faces Pa. Suit Over Alleged FACTA Violations --------------------------------------------------------------- Lenox Group, Inc. faces a purported class action in the U.S. District Court for the Eastern District of Pennsylvania alleging violations of the Fair and Accurate Credit Transactions Act. On April 12, 2007, Amanda Curiale filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania, which is a purported class action alleging that the Company willfully violated FACTA by continuing to print more than the last five digits of the credit card number and/or the expiration date on receipts provided to debit card and credit cardholders transacting business with the Company. The Company understands that similar complaints have recently been filed against a large number of retailers. The plaintiff seeks, on behalf of herself and the class, statutory damages of not less than $100 and not more than $1,000 for each violation, as well as unspecified punitive damages, costs and attorneys’ fees and a permanent injunction from further engaging in violations of FACTA. The company reported no development in the matter in its Aug. 9, 2007 Form 10- Q filing with the U.S. Securities and Exchange Commission for the quarterly period June 30, 2007. The suit is “Curiale v. Lenox Group, Inc. et al., Case No. 2:07-cv-01432- RBS,” filed in the U.S. District Court for the Eastern District of Pennsylvania under Judge R. Barclay Surrick. Representing the plaintiffs are: Edward W. Ciolko, Esq. Schiffin Barroway Topaz & Kessler, LLP 280 King Of Prussia Road Radnor, PA 19087 Phone: 610-667-7706 - and - Gary F. Lynch, Esq. Carlson Lynch, Ltd. 36 N. Jefferson Street P.O. BOX 7635 New Castle, PA 16107 Phone: 724-656-1555 Fax: 724-656-1556 E-mail: glynch@carlsonlynch.com Representing the defendant is: Wilson M. Brown, III, Esq. Drinker Biddle And Reath L.L.P. One Logan Square 18th And Cherry Streets, Philadelphia, PA 19103 Phone: 215-988-2700 E-mail: wilson.brown@dbr.com PDI INC: Calif. Court Dismisses Labor Suit After Settlement ----------------------------------------------------------- The Superior Court of the State of California for the County of San Francisco dismissed a labor-related class action filed against PDI, Inc., after a settlement of the matter was reached and finally approved. On Sept. 26, 2005, the company was served with a complaint in a purported class action that was commenced against the company in the Superior Court of the State of California for the County of San Francisco on behalf of certain of its current and former employees, alleging violations of certain sections of the California Labor Code. During the quarter ended Sept. 30, 2005, the company accrued approximately $3.3 million for potential penalties and other settlement costs relating to both asserted and unasserted claims relating to this matter. In October 2005, the company filed an answer generally denying the allegations set forth in the complaint. In December 2005, the company reached a tentative settlement of this action, subject to court approval. As a result, the company reduced its accrual relating to asserted and unasserted claims relating to this matter to $600,000 during the quarter ended Dec. 31, 2005. In October 2006, the Company received preliminary settlement approval from the court and the final approval hearing was held in January 2007. Pursuant to the settlement, the Company has made all payments to the class members, their counsel and the California Labor and Workforce Development Agency in an aggregate amount of approximately $50,000, and the lawsuit was dismissed with prejudice in May 2007, according to the company's Aug. 9, 2007 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2007. PDI, Inc. -- http://www.pdi-inc.com-- is a sales and marketing services company serving the biopharmaceutical and life sciences industries. PIONEER COS: Continues to Face “Frazier” Pollution Suit in La. -------------------------------------------------------------- Pioneer Cos. Inc. still faces a class action in the U.S. District Court for the Middle District of Louisiana over damages caused by mercury released from the company's St. Gabriel chlor-alkali facility in 2004. The suit -- now pending in the U.S. District Court for the Middle District of Louisiana -- was filed in October 2005 by 18 named plaintiffs in a Louisiana state court as, "Claude Frazier, et al. v. Pioneer Americas, LLC and State of Louisiana through the Department of Environmental Quality." Plaintiffs claim that they and a proposed class of approximately 500 people who live near the St. Gabriel facility were exposed to mercury released from the facility for a two and one-half month period as a result of the 2004 mercury vapor emissions release. The plaintiffs request compensatory damages for numerous medical conditions that are alleged to have occurred or are likely to occur as a result of the alleged mercury exposure. The lawsuit was removed to the United States District Court in the Middle District of Louisiana. The plaintiffs appealed this removal, but the U.S. Court of Appeals for the Fifth Circuit denied the appeal and the lawsuit will proceed in the U.S. District Court for the Middle District of Louisiana. The company reported no development in the matter in its Aug. 9, 2007 Form 10- Q filing with the U.S. Securities and Exchange Commission for the quarterly period June 30, 2007. The suit is "Frazier v. Pioneer Americas, LLC, et al., Case No. 3:05-cv-01338-JJB-SCR," filed in the U.S. District Court for the Middle District of Louisiana under Judge James J. Brady with referral to Judge Stephen C. Riedlinger. Representing the plaintiffs is: Joseph Charles Possa, Esq. Tyler & Possa, APLC 3225 Broussard Baton Rouge, LA 70808 Phone: 225-343-8313 Fax: 225-344-8353 E-mail: jpossa@tylerpossa.com Representing the defendants are: Bradley Charles Myers, Esq. Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman P.O. Box 3513 Baton Rouge, LA 70821-3513 Phone: 225-387-0999 Fax: 225-388-9133 E-mail: brad.myers@keanmiller.com - and - William M. Hudson, III, Esq. Patrick Bayard McIntire, Esq. Oats & Hudson 100 East Vermilion, Suite 400 Lafayette, LA 70501 Phone: 337-233-1100 Fax: 337-233-1178 E-mail: pmcintire@oatshudson.com POLO RALPH: Cal. Dress Code Suit Settlement Gets Final Approval --------------------------------------------------------------- The U.S. District Court for the District of Northern California granted final approval to a settlement of a suit filed against Polo Ralph Lauren Corp. over its employee dress policy, according to the company's Aug. 9, 2007 Form 10-Q Filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2007. The decision also resulted in the resolution to a related matter pending in California state court. On Sept. 18, 2002, an employee at one of our stores filed a lawsuit against the company and its Polo Retail, LLC subsidiary, alleging violations of California antitrust and labor laws. The plaintiff purported to represent a class of employees who had allegedly been injured by a requirement that certain retail employees purchase and wear company apparel as a condition of their employment. The complaint, as amended, sought an unspecified amount of actual and punitive damages, disgorgement of profits and injunctive and declaratory relief. The company answered the amended complaint on Nov. 4, 2002. A hearing on cross motions for summary judgment on the issue of whether the company's policies violated California law took place on Aug. 14, 2003. The court granted partial summary judgment with respect to certain of the plaintiff's claims, but concluded that more discovery was necessary before it could decide the key issue as to whether the company had maintained for a period of time a dress code policy that violated California law. On Jan. 12, 2006, a proposed settlement of the purported class action was submitted to the court for approval. A hearing on the settlement was held before the court on June 29, 2006. On October 26, 2006, the court granted preliminary approval of the settlement and will begin the process of sending out claim forms to members of the class. The proposed settlement cost is $1.5 million. On March 28, 2007, the Court granted final approval of the settlement and awarded approximately $1.1 million to members of the class and their attorneys. The Court’s approval of the settlement also resulted in the dismissal of the similar purported class action filed in the San Francisco Superior Court, as described below. San Francisco Superior Court Litigation On April 14, 2003, a second putative class action was filed in the San Francisco Superior Court. This suit, brought by the same attorneys, alleges near identical claims to these in the Federal class action. The class representatives consist of former employees and the plaintiff in the federal court action. Defendants in this class action include us and our Polo Retail, LLC, Fashions Outlet of America, Inc., Polo Retail, Inc. and San Francisco Polo, Ltd. subsidiaries as well as a non-affiliated corporate defendant and two current managers. As in the federal class action, the complaint sought an unspecified amount of actual and punitive restitution of monies spent, and declaratory relief. As noted above, on March 28, 2007, the Court granted final approval of the settlement in the federal class action, which resulted in the dismissal of this lawsuit. The suit is "Young v. Polo Retail, LLC et al., 3:02-cv-04546 VRW," filed in the U.S. District Court for the Northern District of California under Judge Vaughn R. Walker. Representing the plaintiffs are: Daniel L. Feder, Esq. Law Offices of Daniel Feder 807 Montgomery Street San Francisco, CA 94133 Phone: 415-391-9476 Fax: 415-391-9432 E-mail: danfeder@pacbell.net Joseph Lewis Fogel, Esq. Tonita Marie Helton, Esq. Richard B. Levy, Esq. Freeborn & Peters 311 S. Wacker Drive, Suite 3000 Chicago, IL 60606 Phone: 312-360-6568 E-mail: jfogel@freebornpeters.com thelton@freebornpeters.com Representing for the defendants are: Mary L. Guilfoyle, Esq. Joseph D. Miller, Esq. Epstein Becker & Green, P.C. One California Street, 26th Floor San Francisco, CA 94111-5427 Phone: 415-398-3500 Fax: 415-398-0955 E-mail: mguilfoyle@ebglaw.com jmiller@ebglaw.com Patrick R. Kitchin, Esq. Law Office of Patrick R. Kitchin 807 Montgomery Street San Francisco, CA Phone: (415) 677-9058 E-mail: prk@investigationlogic.com POLO RALPH: Still Faces Several Labor-Related Lawsuits in Calif. ---------------------------------------------------------------- Polo Ralph Lauren Corp. continues to face purported class actions in California that are generally alleging violations of the state's wage and hour laws by improperly classifying employees as exempt and by failing to pay overtime work and granting meal breaks to workers, according to the company's Aug. 9, 2007 Form 10-Q Filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2007. State Court Action On March 2, 2006, a former employee at the company's Club Monaco store in Los Angeles, California filed a lawsuit against us in the San Francisco Superior Court alleging violations of California wage and hour laws. The plaintiff purports to represent a class of Club Monaco store employees who allegedly have been injured by being improperly classified as exempt employees and thereby not receiving compensation for overtime and not receiving meal and rest breaks. The complaint seeks an unspecified amount of compensatory damages, disgorgement of profits, attorneys' fees, and injunctive relief. Federal Action On May 30, 2006, four former employees of our Ralph Lauren stores in Palo Alto and San Francisco, California filed a lawsuit in San Francisco Superior Court alleging violations of California wage and hour laws. Plaintiffs purport to represent a class of employees who allegedly have been injured by not properly being paid commission earnings, not being paid overtime, not receiving rest breaks, being forced to work off of the clock while waiting to enter or leave the store and being falsely imprisoned while waiting to leave the store. The complaint seeks an unspecified amount of compensatory damages, damages for emotional distress, disgorgement of profits, punitive damages, attorneys' fees and injunctive and declaratory relief. The company has filed a cross-claim against one of the plaintiffs for his role in allegedly assisting a former employee misappropriate Company property. Subsequent to answering the complaint, the company had the action moved to the U.S. District Court for the Northern District of California. Polo Ralph Lauren Corp. -- http://www.ralphlauren.com-- is a global player in the design, marketing and distribution of lifestyle products, including men’s, women’s and children’s apparel, accessories, fragrances and home furnishings. The Company operates in three segments: Wholesale, Retail and Licensing. PRESSTEK INC: Continues to Face Securities Fraud Suit in N.H. ------------------------------------------------------------- Presstek, Inc., together with certain of its executive officers, still faces a purported securities class action filed in the U.S. District Court for the District of New Hampshire. The company was served with the complaint on Oct. 26, 2006. It claims to be brought on behalf of purchasers of Presstek's common stock during the period from July 27, 2006 through Sept. 29, 2006. The complaint alleges, among other things, that the company and the other defendants violated Sections 10(b) and 20(a) of the U.S. Exchange Act and Rule 10b-5 promulgated thereunder. The company reported no development in the matter in its Aug. 9, 2007 Form 10- Q filing with the U.S. Securities and Exchange Commission for the quarterly period June 30, 2007. The suit is "Sloman v. Presstek, Inc. et al., Case No. 1:06-cv- 00377-JD," filed in the U.S. District Court for the District of New Hampshire under Judge Joseph A. DiClerico, Jr. Representing plaintiffs are: Theodore M. Hess-Mahan, Esq. Thomas G. Shapiro, Esq. Shapiro Haber & Urmy 53 State St., Boston, MA 02109 Phone: 617 439-3939 Fax: 617-439-0134 E-mail: ted@shulaw.com tshapiro@shulaw.com - and - Mark L. Mallory, Esq. Mallory & Friedman PLLC 8 Green St., Concord, NH 03301 Phone: 228-2277 E-mail: mark@malloryandfriedman.com Representing defendants is: Robert E. McDaniel, Esq. McDaniel Law Offices 755 North Main St. Laconia, NH 03246 Phone: 603 527-0520 Fax: 603 279-0540 E-mail: remcdanielesq@aol.com PUBLIC STORAGE: Cal. Court Junks Claims in "Brinkley" Labor Suit ---------------------------------------------------------------- The Superior Court of California, Los Angeles County dismissed certain claims in the purported class action, "Brinkley v. Public Storage, Inc.,” which was filed in April 2005. The plaintiff sued the company on behalf of a purported class of California non-exempt employees based on various California wage and hour laws and seeking monetary damages and injunctive relief. In May 2006, a motion for class certification was filed seeking to certify five subclasses. Plaintiff sought certification for alleged meal period violations, rest period violations, failure to pay for travel time, failure to pay for mileage reimbursement, and for wage statement violations. In October 2006, the court declined to certify three out of the five subclasses. The court did, however, certify subclasses based on alleged meal period and wage statement violations. Subsequently, the Company filed a motion for summary judgment seeking to dismiss the matter in its entirety. On June 22, 2007, the Court granted the Company's summary judgment motion as to the causes of action relating to the subclasses certified and dismissed those claims. The only surviving claims are those relating to the named plaintiff only. Public Storage -- http://www.publicstorage.com-- formerly Public Storage, Inc., is an equity real estate investment trust (REIT). It is a fully integrated, self-administered and self-managed REIT that acquires, develops, owns and operates self-storage facilities. PUBLIC STORAGE: Dismissal of Storage Insurance Suit Appealed ------------------------------------------------------------ The plaintiff in a California lawsuit against Public Storage, Inc. over its sale of storage insurance has appealed the dismissal of the matter. Filed on January 2006 in the Superior Court of California, Orange County, plaintiffs brought the action, "Simas v. Public Storage, Inc.," against the company on behalf of a purported class, who bought insurance coverage at the company's facilities. They are alleging that the company does not have a license to offer, sell and/or transact storage insurance. The suit was brought under California Business and Professions Code Section 17200. The company filed a demurrer to the complaint. While the demurrer was pending, plaintiff amended the complaint to allege a national class and claims for unfair business practices, unjust enrichment, money had and received, and negligent and intentional misrepresentation. Ultimately all claims except for unjust enrichment were dismissed. A subsequent demurrer was filed and sustained without leave to amend. The case was therefore dismissed. The plaintiff has appealed the trial court's ruling, according to the Public Storage's Aug. 9, 2007 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2007. Public Storage -- http://www.publicstorage.com-- formerly Public Storage, Inc., is an equity real estate investment trust (REIT). It is a fully integrated, self-administered and self-managed REIT that acquires, develops, owns and operates self-storage facilities. PURDUE PHARMA: Oxycontin-Maker Continues to Face Lawsuits --------------------------------------------------------- Some 100 Atlantic Canadians have signed on to sue the manufacturers of Oxycontin -- Purdue Pharma, Purdue Pharma Inc., Purdue Frederick Inc. -- in a class action suit that is expected to be filed in the Supreme Court of Nova Scotia early next week, Charles Mandel of the CanWest News Service reports. Oxycontin(R) is a narcotic frequently prescribed as a pain-killer. It was approved for use in Canada in 1996. The serious problems associated with ingesting Oxycontin(R) are alleged to have been well-known to the Defendants for several years. In May 2007, Purdue Pharma LP and some of its senior executives agreed to pay over $600 million in penalties in the U.S. for misleading consumers and physicians about the addictive properties of Oxycontin(R). Some of those senior executives also pleaded guilty to criminal charges in the U.S. (Class Action Reporter, June 18, 2007). One of those who signed in to sue is Halifax resident, George Dellefountaine, who has stopped using OxyContin, but still experiences shakes, mood swings and other signs of addiction. The action against Purdue Pharma will seek compensation for the individuals for their alleged suffering from their use of OxyContin as a chronic pain reliever, the report said. Halifax lawyer Ray Wagner -- who is filing the lawsuit that could be worth hundreds of millions of dollars -- said it will allege that the pharmaceutical company’s executives misrepresented the drug as suitable for chronic pain relief and underestimated its addictive qualities in long-term use. The companies misinformed the public and physicians, Mr. Wagner said. “OxyContin became a huge economic winner for Purdue in its marketing and distribution to chronic pain patients,” according to Mr. Wagner. None of the allegations have been proven in court. Randy Steffan, director of corporate affairs with Purdue Pharma in Pickering, Ont. said he couldn’t comment on any legal matters except to say that it would be his expectation the company would vigorously defend any claims against it, Mr. Mandel reported. The Atlantic Canadian class-action will be “partnering” with two Ontario law firms which filed a suit in June in the Ontario Superior Court of Justice. Their statement of claim asks for $100-million in general damages, $50- million in special damages, $25-million in punitive damages and a “disgorgement” of revenue from sale of the drug. According to the report, the lawsuits will not represent individuals who bought OxyContin on the street. REI: Recalls Children’s Novara Afterburner Trailer Bicycle ----------------------------------------------------------- Recreational Equipment Inc. (REI), of Kent, Wash., in cooperation with the U.S. Consumer Product Safety Commission, is recalling about 5,200 Novara Afterburner trailer bicycles. The company said the children’s trailer bicycle can detach from the adult bicycle, posing a fall hazard to children. REI has received one report of a children’s trailer bicycle detaching from the adult bicycle. No injuries have been reported. This recall involves the Novara Afterburner trailer bicycle, a single-wheel children’s bicycle that attaches to, and cannot be operated independently of, an adult bicycle. These recalled trailer bikes were manufactured in China and are being sold at REI stores nationwide from February 2007 through June 2007 for about $160. Picture of recalled trailer bikes: http://www.cpsc.gov/cpscpub/prerel/prhtml07/07578.jpg Consumers are advised to immediately stop using the bicycle trailer, visit the nearest REI store or contact REI for a free replacement part, a full refund or credit. For additional information, contact REI at (800) 426-4840 between 4 a.m. and 11 p.m. PT seven days a week, visit the company’s Web site: http://www.rei.comor contact your local REI store. SHURGARD STORAGE: Calif. Court Certifies Class in Consumer Suit --------------------------------------------------------------- The Superior Court of California for Orange County certified a class in a lawsuit filed against Shurgard Storage Centers, Inc., styled "Gary Drake v. Shurgard Storage Centers, Inc. et al. (Case No. 02CC00152)." Public Storage assumed liability of Shurgard following the merger of Public Storage and Shurgard on Aug. 22, 2006. The complaint alleged that the Company misrepresents the size of its storage units. It seeks class-action status and payment for damages, injunctive relief and declaratory relief against the Company under California statutory and common law relating to consumer protection, unfair competition, fraud and deceit and negligent misrepresentation. In June 2007, the Court certified a class of all Shurgard renters who rented a storage unit at a Shurgard facility in California that was smaller than represented. Public Storage -- http://www.publicstorage.com-- formerly Public Storage, Inc., is an equity real estate investment trust (REIT). It is a fully integrated, self-administered and self-managed REIT that acquires, develops, owns and operates self-storage facilities. USANA HEALTH: Still Faces Securities Fraud Lawsuits in Utah ----------------------------------------------------------- Usana Health Sciences, Inc. continues to face three lawsuits filed on behalf of those who purchased the company’s common stock on the open market during the period of July 18, 2006 through March 14, 2007. During and subsequent to the first quarter, three class actions were filed in the U.S. District Court for the District of Utah against the Company; Myron W. Wentz, chief executive officer; David A. Wentz, president; and Gilbert A. Fuller, chief financial officer. The suits are: -- "Ashok Kapur, et al., v. Usana Health Sciences, Inc. et. al.," -- "Guerin Senter, et al., v. Usana Health Sciences, Inc., et. al.," -- "Edward Shaw, et al., v. Usana Health Sciences, Inc., et. al." The plaintiffs allege in each case that they were persons who purchased shares of our common stock on the open market during the period of July 18, 2006 through March 14, 2007, and each complaint seeks certification as a class action on behalf of other purchasers of our stock during that time period. Plaintiffs claim, among other things, that we violated Sections 10(b) and 20 (a) and SEC Rule 10b-5 under the U.S. Securities Exchange Act of 1934 by knowingly or recklessly failing to make certain statements that the Plaintiff alleges should have been made, including statements regarding the multi-level marketing industry and anti-pyramid laws, sustainability of the company's marketing plan, Associate sales to end-user customers, and Associate turnover, income, and profitability. Plaintiffs assert that because of such alleged omissions, the company's statements about the company's future business prospects were lacking in a reasonable basis and that the company's reported results and financial statements were misstated. The complaints seek damages, pre-judgment interest, costs, attorney’s fees and other further relief deemed appropriate by the court. These lawsuits are at any early stage, and class certification has not yet been granted. The company reported no development in the matter in its Aug. 9, 2007 Form 10- Q Filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2007. Salt Lake City, Utah-based USANA Health Sciences, Inc. -- http://www.usanahealthsciences.com/-- develops and manufactures science- based nutritional and personal care products. VIVENDI UNIVERSAL: Could Face Suit by European Pension Schemes -------------------------------------------------------------- Several large pension schemes in Europe are interested in collaborating on a proposed class action against Vivendi, Ronan McCaughey of Global Pensions learned from a lawyer of U.K. firm Securities Class Actions. "We have spoken to a number of pension funds in Ireland and Luxembourg and they are interested,” according to Nigel Scarrott, a partner in Securities Class Actions. Vivendi is facing a lawsuit in the U.S. alleging it violated federal securities laws by issuing materially false and misleading statements that had the effect of artificially inflating the market price of the company's securities. But European and other non-U.S. investors, other than people from France, England or the Netherlands, are excluded from this. “I would say there are a lot of pension funds in Luxembourg, Ireland, Scotland, Spain, Italy and Scandinavian countries that would have invested [between] 20 October 2000 and 14 August 2002. If they traded during that period they would have made a loss," Mr. Scarrott said. He estimated losses of GBP9 billion as a result of a 25% fall in Vivendi’s stock. VOICE OF AMERICA: Broadcaster Sues Over Hiring Practice ------------------------------------------------------- A class action filed against Voice of America accuses it of rejecting qualified U.S. citizens in favor of hiring noncitizens, Jim McElhatton of Washington Times reports. The suit was filed by VOA broadcaster Camille Grosdidier in federal court in Washington on Aug. 31. Miss Grosdidier says she was twice denied to get positions for which she had applied and was qualified. Instead, the agency hired non-citizens for the position. Federal rules state that the agency can hire noncitizens for positions "when qualified United States citizens are not available," according to court records in the case. If a judge grants a request for class-action status, more than 50 job applicants dating back six years ultimately could be named as plaintiffs in the lawsuit, said Miss Grosdidier's attorney Leslie D. Alderman. VOA officials denied accusations that officials were violating federal hiring rules. The suit is “Camille Grossdidier v. James K. Glassman, Case No. 1:2007cv01551,” filed in the U.S. District Court for the District of Columbia before Judge Ellen S. Huvelle Representing plaintiff Camille Grosdidier is: Leslie D. Alderman, III, Esq. Alderman, Devorsetz & Hora, PLLC 1025 Connecticut Avenue N.W., Suite 615 Washington, District of Columbia 20036 Phone: 202-969-8220 Fax: 202-969-8224 WEIGHT WATCHERS: Calif. Court Gives Final OK to Labor Suit Deal --------------------------------------------------------------- A settlement in a litigation against Weight Watchers International, Inc. that was filed on behalf of a purported class of employees under the California Labor Code and the Federal Fair Labor Standards Act was given final approval. In March 2006 the company agreed to settle the matter. The settlement amounted to $2,300 plus other costs and expenses. The settlement was accrued for in fiscal 2005 and the funds were distributed in June 2007 following final approval by the court, according to the company's Aug. 9, 2007 Form 10-Q Filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2007. New York-Based Weight Watchers International, Inc. -- http://www.weightwatchersinternational.com/-- is a global branded consumer company and a global provider of weight management services, with a presence in 28 countries around the world. WEST VIRGINIA: Health Secretary Sued Over MR/DD Waiver Program --------------------------------------------------------------- The secretary of the West Virginia Department of Health and Human Resources is facing a class action filed on behalf of mentally retarded state citizens who have been denied Medicaid benefits through the MR/DD Waiver Program in West Virginia, Cara Bailey of West Virginia Record reports. Attorney Bren Pomponio filed a suit on Aug. 24 in Kanawha Circuit Court, on behalf of Shawn Shumbera, and other similarly situated, alleging his client was denied the benefits of the program despite eligibility. Department secretary Martha Walker is responsible for administering part of the waiver benefits to individuals with mental retardation or severe and chronic disability. The program is designed to provide in-home and community services to these individuals as an alternative to institutionalization. Mr. Shumbera, 27 years old, was diagnosed with mental retardation. He has received numerous hospitalizations due to his mental retardation and behavioral disorders. He is currently in Mildred Mitchell-Bateman Hospital in Huntington, where he has been since 2001. Evaluations during his stay in the hospital recommended an ICF/MR level of care, according to the report. He submitted applications for participation in the MR/DD Waiver Program. "Despite ample documentation of his eligibility, Mr. Shumbera has been denied participation in the MR/DD Waiver Program because he has been diagnosed with an ancillary mental illness," the suit says. Though he was deemed eligible for discharge from Bateman, the hospital would not allow it until an appropriate placement and adequate community supports are arranged for him. Eligibility to the MR/DD Waiver Program services would have been his chance, but he was denied of it. Ms. Walker is accused of violating the rights of the class members, and of discriminating against them. She is also accused of illegally disqualifying individuals from the program. The class seeks adjustments of benefits, attorney and court fess and other relief. The case has been assigned to Judge Tod Kaufman. WORKSTREAM INC: N.Y. Securities Fraud Suit Still in Discovery ------------------------------------------------------------- Discovery is continuing in a securities fraud class action filed against Workstream, Inc., its chief executive officer, and former chief financial officer in the U.S. District Court for the Southern District of New York. On or about Aug. 10, 2005, a class action was filed on behalf of a purported class of purchasers of the company's common shares during the period from Jan. 14, 2005 to and including April 14, 2005. It alleges, among other things, that management provided the market misleading guidance as to anticipated revenues for the quarter ended Feb. 28, 2005, and failed to correct this guidance on a timely basis. The action claims violations of Section 10(b) of the U.S. Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, as well as Section 20(a) of the U.S. Exchange Act, and seeks compensatory damages in an unspecified amount as well as the award of reasonable costs and expenses, including counsel and expert fees and costs. In December 2005, the plaintiffs filed an amended complaint, which added additional plaintiffs and sought to elaborate on the allegations contained in the complaint. The defendant's counsel filed a motion to dismiss the complaint, which was denied. The Court has certified the case as a class action and has approved notice to the class. Discovery is continuing. Based on discovery to date, the company expects to file a motion for summary judgment at the close of discovery. In the event the case is not disposed of on motion, the company does not expect trial to occur earlier than spring 2008. The company reported no development in the matter in its Aug. 20, 2007 Form 10-K Filing with the U.S. Securities and Exchange Commission for the fiscal year ended May 31, 2007. The suit is "Schottenfeld Qualified Associates LP et al. v. Workstream, Inc. et al., Case No. 7:05-cv-07092-CLB," filed in the U.S. District Court for the Southern District of New York under Judge Charles L. Brieant. Representing the plaintiffs are: Ronen Sarraf, Esq. Sarraf Gentile, LLP 485 Seventh Avenue New York, NY 10018 Phone: (212) 868-3610 Fax: (212) 918-7967 E-mail: ronen@sarrafgentile.com Ralph M. Stone, Esq. Shalov Stone & Bonner LLP 485 Seventh Avenue, Suite 1000 New York, NY 10018 Phone: (212) 239-4340 Fax: (212) 239-4310 E-mail: rstone@lawssb.com Representing the defendants is: David M. Doret, Esq. H. Robert Fiebach, Esq. Cozen and O'Connor 45 Broadway Atrium New York, NY 10006-3792 Phone: 212-509-9400 * Class Action Administrator Opens New Chicago Regional Office -------------------------------------------------------------- The Garden City Group, Inc. recently opened a new regional office in Chicago. With the opening of the Chicago office, GCG now has 11 offices nationwide to serve the legal administration services marketplace. The Garden City Group, Inc., a subsidiary of Crawford & Company, administers class action settlements, designs legal notice programs, manages Chapter 11 administrations, and provides expert consultation services. GCG is also announced that Emily S. Gottlieb, Esq., of Chicago, joins the Chicago office as a senior account executive. Before joining GCG, Gottlieb was a senior associate with the Financial Restructuring and Bankruptcy Practice Group at the international law firm of DLA Piper US LLP, where she represented debtors, creditors committees, creditors and trustees in Chapter 11 and Chapter 7 cases. "I am proud to be part of the GCG team and look forward to developing ongoing client relationships as we continue to expand our presence in the Midwest," said Ms. Gottlieb. "The addition of our new Chicago office and Emily's expertise demonstrate GCG's strong commitment to provide premier services nationwide to meet our clients' needs," said Executive Vice President and General Counsel, Karen B. Shaer. GCG has a proven history of delivering the highest quality service to its clients. GCG's new offices and the recent addition of Gottlieb strengthen the firm's efforts to enhance resources that will service current and prospective clients. Garden City Group on the Net: http://www.gardencitygroup.com Based in Atlanta, Georgia, Crawford & Co. -- http://www.crawfordandcompany.com-- is the world's largest independent provider of claims management solutions to insurance companies and self- insured entities, with a global network of more than 700 offices in 63 countries. Major service lines include property and casualty claims management, integrated claims and medical management for workers' compensation, legal settlement administration, including class action and warranty inspections, and risk management information services. The Company's shares are traded on the NYSE under the symbols CRDA and CRDB. GCG's new Chicago office is located at: The Garden City Group, Inc. 225 W. Washington St., Suite 2200 Chicago, IL 60606-3561 Phone: (312) 924-2887 Website: http://www.gardencitygroup.com For more information, contact: Laura Pertusati The Garden City Group, Inc. 225 W. Washington St., Suite 2200 Chicago, IL 60606-3561 Phone: 1-800-327-3664 E-mail: laura.pertusati@gardencitygroup.com * William Lerach Admits Paying Kickbacks to Plaintiffs ------------------------------------------------------ William S. Lerach pleaded guilty on Sept. 18 of conniving to conceal secret payments to plaintiffs in shareholder lawsuits, according to USA Today. For the past seven years, Mr. Lerach’s name has been associated with an ongoing investigation by the U.S. Attorney’s Office into allegations of improper payments to clients by the Milberg Weiss law firm. In his plea agreement with the U.S. Attorney's Office, he admitted that he and other Milberg Weiss partners made the claimed payments. Mr. Lerach will forfeit $7.8 million, pay a $250,000 fine and accept a one- to two-year prison sentence. He will not be required to cooperate with the investigation, though. Mr. Lerach retired from the class action firm he founded at the end of August. New Securities Fraud Cases CARE INVESTMENT: Coughlin Stoia Files N.Y. Securities Fraud Suit ---------------------------------------------------------------- Coughlin Stoia Geller Rudman & Robbins LLP announced that a class action has been commenced in the United States District Court for the Southern District of New York on behalf of a Class consisting of all persons other than Defendants who purchased the common stock of Care Investment Trust Inc. (NYSE:CRE) pursuant and/or traceable to the Company's initial public offering on or about June 22, 2007, seeking to pursue remedies under the Securities Act of 1933. The complaint charges Care Investment and certain of its officers and directors with violations of the Securities Act. Care Investment is a real estate investment and finance company formed principally to invest in healthcare-related commercial mortgage debt and real estate. According to the complaint, on or about June 22, 2007, the Prospectus with respect to the IPO, which forms part of the Registration Statement, became effective and more than 15 million shares of Care Investment's common stock were sold to the public at $15.00 per share, thereby raising more than $225 million. It alleges that the Prospectus contained inaccurate statements of material fact because they failed to disclose that certain of the assets in the portfolio of healthcare-related mortgage assets, which was created upon the consummation of the IPO were materially impaired and therefore overvalued and that the Company was experiencing increasing difficulty in securing its warehouse financing lines. Plaintiff seeks to recover damages on behalf of a Class consisting of all persons other than Defendants who purchased the common stock of Care Investment pursuant and/or traceable to the Company's IPO seeking to pursue remedies under the Securities Act. For more information, contact: Samuel H. Rudman David A. Rosenfeld Coughlin Stoia Geller Rudman & Robbins LLP Phone: 800-449-4900 E-mail: djr@csgrr.com LCA-VISION: Strauss & Troy Files Ohio Securities Fraud Lawsuit -------------------------------------------------------------- The law firm of Strauss & Troy filed a class action in the United States District Court for the Southern District of Ohio on behalf of all persons who purchased the common stock of LCA-Vision Inc. between February 12, 2007 and July 30, 2007, inclusive. The Complaint alleges that during the Class Period, LCA-Vision Inc. and certain of its officers and/or directors (the "Defendants") violated the Securities Exchange Act of 1934 by issuing materially false and misleading statements and failing to disclose adverse facts known to them regarding the Company's business and financial results. As a result LCA stock traded at artificially inflated prices during the Class Period, reaching a high of $50.56 per share in July 2007. On July 31, 2007, LCA issued a press release and revealed that the Company's financial performance had been lower than expected during the second quarter due to a decline in same-store procedure volume and rising patient acquisition costs. The Company has also revised their full year financial guidance downward. On this news, the Company's shares fell 17%, closing at $35.51 and dropped further on August 1, 2007 to $33.40 per share. Plaintiffs seek to recover damages on behalf of all individuals and entities that purchased LCA-Vision common stock during the Class Period. Interested parties may move the court no later than November 12, 2007 for lead plaintiff appointment. For more information, contact: Richard S. Wayne, Esq. Thomas P. Glass, Esq. Strauss & Troy 150 East Fourth Street Cincinnati, Ohio 45202 Phone: 800-669-9341 or (513) 621-2120 E-mail: rswayne@strauss-troy.com Website: http://www.strausstroy.com ********* 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, 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 * * *