/raid1/www/Hosts/bankrupt/CAR_Public/080219.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, February 19, 2008, Vol. 10, No. 35
Headlines
ALCOA INC: VI Court Adopts Recommendation in Injury Litigation
ALCOA CANADA: Continues to Face Baie Comeau Resident's Lawsuit
ALCOA INC: Sept. 17, 2008 Trial Scheduled for the ERISA Lawsuit
AMAZON.COM INC: Faces Wash. Lawsuit Over Sale of Bogus Goods
ARCHON CORP: Responds to Allegations in Nev. Ex-Holders' Suits
BNSF RAILWAY: Faces Consolidated Fuel Surcharges Lawsuit in D.C.
BREVARD COUNTY: Palm Bay Files Suit Over Illegal Ambulance Fee
BRITISH AIRWAYS: To Pay GBP102MM to Settle Overcharging Lawsuit
ELECTRONIC DATA: Tech Service Workers File Suit for Overtime Pay
DELTA AIR: $4.5M Deal in Ga. ERISA Suit Awaits Court Approval
GOLD'N PLUMP: Reaches $1.2MM Settlement in Minn. Wage Lawsuit
HONEYWELL INT'L: Ariz. Court Gives Final Approval to $35M Deal
KANSAS CITY: Still Faces Several Fuel Surcharges Antitrust Suits
LOG DEN: Trying to Resolve Problem, Plaintiffs' Lawyer Says
NATIONAL CITY: Reaches Settlement in Ill. Loan Originator's Suit
NATIONAL CITY: Faces Suits in Ohio Alleging Violations of ERISA
NATIONAL CITY: N.Y. Judge Recommends Dismissal of Certain Claims
NEW ENGLAND: Faces Lawsuit in La. Over "Fraudulent Videotaping"
NUTRI-FOODS: Recalls Sesame Seeds Posing Possible Health Risks
PHILIPPINES: Defense Chief Wants Illegal Arrest Suit Dismissed
PRESSTEK INC: N.H. Court Denies Dismissal Bid v. Securities Suit
SHERWOOD BRANDS: Recalls Cards Containing Metal Fragments
STRAUSS GROUP: To Sell Cheaper Wafers in Settlement of Lawsuit
TRANSCOR AMERICA: Faces CA Suit Over Transportation of Detainees
TULLY'S COFFEE: Faces Suit in Calif. Over Meals, Rest Periods
WACHOVIA BANK: Accused of Defrauding Customers in Ga. Lawsuit
WAYNE STATE: Faces Mich. Lawsuit Over Unreturned Students' Fees
New Securities Fraud Cases
MUNICIPAL MORTGAGE: Finkelstein Thompson Files Securities Suit
MUNICIPAL MORTGAGE: Spector Roseman Files Securities Fraud Suit
ORION ENERGY: Spector Roseman Files Securities Fraud Suit in NY
*********
ALCOA INC: VI Court Adopts Recommendation in Injury Litigation
--------------------------------------------------------------
The U.S. District Court for the District of the Virgin Islands
adopted a magistrate judge's recommendation that class
certification be maintained for liability issues only, and that
the class be decertified after liability issues have been
resolved in connection to a civil suit filed against Alcoa, Inc.
in the Territorial Court of the Virgin Islands by certain
residents of St. Croix, according to Alcoa, Inc.'s Feb. 15, 2008
form 10-K filing with the U.S. Securities and Exchange
Commission for the fiscal year ended Sept. 30, 2007.
The suit seeks compensatory and punitive damages and injunctive
relief for alleged personal injuries and property damages
associated with "bauxite or red dust" from the St. Croix Alumina
facility.
The suit names St. Croix Alumina LLC, Alcoa Inc. and Glencore
Ltd. (a former owner of the facility) as defendants and in
August 2000 was accorded class action treatment.
The class is defined to include persons in various defined
neighborhoods who "suffered damages and/or injuries as a result
of exposure during and after Hurricane Georges to red dust and
red mud blown during Hurricane Georges."
All of the defendants have denied liability, and discovery and
other pretrial proceedings have been underway since 1999.
In October 2003, the defendants received plaintiffs' expert
reports. These reports claim that the material blown during
Hurricane Georges consisted of bauxite and red mud, and
contained crystalline silica, chromium and other substances.
The reports go on to claim, among other things, that the
population of the six subject neighborhoods as of the 2000
census (a total of 3,730 people) has been exposed to toxic
substances through the fault of the defendants, and hence will
be able to show entitlement to lifetime medical monitoring as
well as other compensatory and punitive relief. These opinions
are in the process of being contested by the defendants.
The reports go on to claim, among other things, that the
population of the six subject neighborhoods as of the 2000
census (a total of 3,730 people) has been exposed to toxic
substances through the fault of the defendants, and hence will
be able to show entitlement to lifetime medical monitoring as
well as other compensatory and punitive relief.
These opinions have been contested by the defendants expert
reports, that state, among other things, that plaintiffs were
not exposed to the substances alleged and that in any event the
level of alleged exposure does not justify lifetime medical
monitoring.
In August 2005, Alcoa and St. Croix Alumina, L.L.C. moved to
decertify the plaintiff class, and in March 2006, the assigned
magistrate judge issued a recommendation that class
certification be maintained for liability issues only, and that
the class be decertified after liability issues have been
resolved.
This recommendation has been adopted by the assigned district
judge.
Glencore Ltd. is jointly defending the case with Alcoa and St.
Croix Alumina, L.L.C. and has a pending motion to dismiss.
The suit is "St. Croix Renaissance Group v. St. Croix Alumina,
LLC, Case No. 1:04-cv-00067-RLF-GWC," filed with the U.S.
District Court for the District of the Virgin Islands, Judge
Raymond L. Finch presiding.
Representing the plaintiffs is:
Joel H. Holt, Esq.
Law Offices of Joel Holt
2132 Company Street Suite 2
St. Croix, VI 00820
Phone: 340-773-8709
Fax: 340-773-8677
e-mail: holtvi@aol.com
Representing the defendants is:
Simone D. Francis, Esq.
Ogletree, Deakins, Nash, Smoak & Steward, LLC
The Tunick Building
1336 Beltjen Road, Suite 201
St. Thomas, VI 00802
Phone: 340-714-1235
Fax: 340-714-1245
e-mail: simone.francis@ogletreedeakins.com
ALCOA CANADA: Continues to Face Baie Comeau Resident's Lawsuit
--------------------------------------------------------------
The plaintiff in a pollution suit filed against Alcoa Canada,
Inc. in relation to the company's smelting operation in Baie
Comenau, Quebec has filed his claim against the original
defendants in the suit.
The suit is a purported class action filed in the Superior Court
of Quebec in the District of Baie Comeau on behalf of a putative
class consisting of all past, present and future owners, tenants
and residents of Baie Comeau's St. Georges neighborhood.
Dany Lavoie, a resident of Baie Comeau in Quebec, filed a motion
for authorization to institute a class action and for
designation of a class representative on Aug. 25, 2005.
The suit was to name the following as defendants:
-- Alcoa Canada Inc.,
-- Alcoa Limitee,
-- Societe Canadienne de Metaux Reynolds Limitee, and
-- Canadian British Aluminum.
Dany Lavoie alleges that defendants, as the present and past
owners and operators of an aluminum smelter in Baie Comeau, have
negligently allowed the emission of certain contaminants from
the smelter, specifically polycyclic aromatic hydrocarbons or
PAHs, that have been deposited on the lands and houses of the
St. Georges neighborhood and its environs causing damage to the
property of the putative class and causing health concerns for
those who inhabit that neighborhood.
If allowed to proceed as a class action, plaintiff seeks to
compel additional remediation to be conducted by the defendants
beyond that already undertaken by them voluntarily, seeks an
injunction against further emissions in excess of a limit to be
determined by the court in consultation with an independent
expert, and seeks money damages on behalf of all class members.
A hearing on plaintiffs motion for class certification was held
on April 24-26, 2007. On May 23, 2007, the court issued its
ruling which granted the motion in part and authorized a class
action suit to include only people who suffered property damage
or personal injury damages caused by the emission of PAHs from
the smelter.
On Sept. 13, 2007, the plaintiff filed its claim against the
original defendants, which the court had authorized in May 2007,
according to Alcoa, Inc.'s Feb. 15, 2008 Form 10-K filing with
the U.S. Securities and Exchange Commission for the fiscal year
ended Sept. 30, 2007.
Alcoa, Inc. -- http://www.alcoa.com-- is a producer of primary
aluminum, fabricated aluminum and alumina, and is active in all
aspects of the industry, including technology, mining, refining,
smelting, fabricating and recycling. Alcoa is a global company
operating in 44 countries.
ALCOA INC: Sept. 17, 2008 Trial Scheduled for the ERISA Lawsuit
---------------------------------------------------------------
A Sept. 17, 2008 trial is scheduled for the class action,
"Curtis v. Alcoa Inc., Civil Action No. 3:06cv448," was filed
with the U.S. District Court for the Eastern District of
Tennessee, according to Alcoa, Inc.'s Feb. 15, 2008 Form 10-K
filing with the U.S. Securities and Exchange Commission for the
fiscal year ended Sept. 30, 2007.
The suit was filed on Nov. 17, 2006. It was filed by plaintiffs
representing approximately 13,000 retired former employees of
Alcoa or Reynolds Metals Company and spouses and dependents of
such retirees alleging violation of the Employee Retirement
Income Security Act (ERISA) and the Labor-Management Relations
Act by requiring plaintiffs, beginning Jan. 1, 2007, to pay
health insurance premiums and increased co-payments and co-
insurance for certain medical procedures and prescription drugs.
The plaintiffs allege these changes to their retiree health care
plans violate their rights to vested health care benefits. They
additionally allege that Alcoa has breached its fiduciary duty
to plaintiffs under ERISA by misrepresenting to them that their
health benefits would never change.
The plaintiffs seek injunctive and declaratory relief, back
payment of benefits and attorneys fees.
Alcoa has consented to treatment of plaintiffs claims as a class
action.
During the fourth quarter, following briefing and argument, the
court ordered consolidation of the plaintiffs motion for
preliminary injunction with trial, certified a plaintiff class,
bifurcated and stayed the plaintiffs breach of fiduciary duty
claims, struck the plaintiffs jury demand, but indicated it
would use an advisory jury, and set a trial date of Sept. 17,
2008.
The suit is "Curtis v. Alcoa Inc. et al., Case No. 3:2006-cv-
00448," filed in the U.S. District Court for the Eastern
District of Tennessee, Judge Thomas W. Phillips presiding.
Representing the plaintiffs is:
Robert S. Catapano-Friedman, Esq.
744 Broadway
Albany, NY 12207
Phone: 518-463-7501
Fax: 518-463-7502
e-mail: katapano@gmail.com
Representing the defendant is:
John W. Woods, Jr., Esq.
Hunton & Williams
951 East Byrd Street
Riverfront Plaza East Tower
Richmond, VA 23219-4074
Phone: 804-788-8629
Fax: 804-343-4794
e-mail: jwoods@hunton.com
AMAZON.COM INC: Faces Wash. Lawsuit Over Sale of Bogus Goods
------------------------------------------------------------
Amazon.com Inc. is facing a class-action complaint filed on
Feb. 14 with the Superior Court of the State of Washington, in
and for the County of King, on behalf of all consumers who
bought counterfeit products through its Web site, CourtHouse
News Service reports.
Named plaintiff Kevin M. Boyle brings the action for:
-- breach of contract
-- unjust enrichment,
-- negligent misrepresentation
-- violation of the Consumer Protection Act
-- statutory penalties and
-- injunctive and declaratory relief.
Mr. Boyle, an Internet retailer, claims that on June 9, 2007, he
accessed the defendant's online web page wherein it advertised
Motorola H700 Bluetooth Headsets for sale. The Web site,
advertising Bluetooth Headsets for sale warranted "Items sold
and fulfilled by Amazon.com are guaranteed to be genuine." But
after Mr. Boyle received his headset, he learned that the
product was a counterfeit.
Mr. Boyle claims that when he complained to Amazon that it had
sold him a bogus Bluetooth headset, it directed him to a "Deals
Warehouse" that does not exist.
Mr. Boyle seeks to represent all persons who, within the
applicable statute of limitations, purchased counterfeit
products from the defendant. He is requesting that:
-- the court certify the case as a class action
pursuant to Civil Rule 23(b)(2) or 23(b)(3), with him
as the class representative and his lawyer as class
counsel;
-- the court enter a judgment in his and the class' favor
against defendant, directing equitable restitution for
the sums defendant received for counterfeit products,
and award damages therefore, including exemplary damages
pursuant to RCW 19.86.090;
-- the court enter an injunction and declaratory
relief permanently forbidding the defendant from
committing the practices alleged in the future or
declaring the same unlawful, and award incidental
damages;
-- the court award him and the class their costs, including
reasonable attorneys' fees pursuant to RCW 19.86.090;
and
-- he be granted leave to amend the pleadings to conform to
the proof presented at trial.
The suit is "Kevin M. Boyle et al. v. Amazon.com, Inc., Case No:
08-2-06103-5 SEA," filed with the Superior Court of the State of
Washington in and for the County of King.
Representing the plaintiff is:
Guy W. Beckett, Esq.
Beckett Law Office, PLLC
811 1st Ave Ste 620
Seattle, WA 98104
Phone: (206) 264-8135
- and -
Rob Williamson, Esq. (roblin@williamslaw.com)
Williamson & Williams
187 Parfitt Way SW, Ste. 250
Bainbridge Island, Washington 98110
Phone: (206) 780-4447
ARCHON CORP: Responds to Allegations in Nev. Ex-Holders' Suits
--------------------------------------------------------------
Archon Corp. answered allegations made in two complaints filed
with the U.S. District Court for the District of Nevada by two
former holders of the Exchangeable Redeemable Preferred Stock of
the company.
The complaints are entitled:
-- "Rainero v. Archon Corporation, District of Nevada
Case No. 2:07-cv-01553," and
-- "Leeward Capital, L.P. v. Archon Corporation, District
of Nevada Case No. 2:08-cv-00007."
The plaintiff in the Rainero action purports to bring the action
as a class action claim on behalf of all those preferred stock
shareholders similarly situated. Like the Rainero action, the
Leeward matter is alleging essentially the same claim.
If the plaintiffs are correct, the redemption price as of
August 31, 2007, should have been $8.69 per share and not $5.241
per share as calculated by the Company which, if applied to all
the then outstanding shares of Exchangeable Redeemable Preferred
Stock, including the shares held by the Company’s officers and
directors, would increase the redemption price in excess of
$15.2 million.
The company has answered the Rainero and Leeward complaints,
according to the company's Feb. 15, 2008 form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter
ended Dec. 31, 2007.
Archon Corp. -- http://www.archoncorporation.com/-- is involved
in the business of owning, managing and operating hotel/casino
properties.
BNSF RAILWAY: Faces Consolidated Fuel Surcharges Lawsuit in D.C.
----------------------------------------------------------------
BNSF Railway Co. faces a consolidated litigation pending in
D.C., entitled, "In re: Rail Freight Fuel Surcharge Antitrust
Litigation, MDL No. 1869," according to its Feb. 14, 2008 form
10-K filing with the U.S. Securities and Exchange Commission for
the fiscal year ended Dec. 31, 2007.
Beginning May 14, 2007, 27 similar class action complaints were
filed in six federal district courts around the country against
BNSF Railway, and four other Class I railroads (and, in some
cases, the Association of American Railroads) alleging that they
have conspired to fix fuel surcharges with respect to
unregulated freight transportation services in violation of the
antitrust laws and seeking injunctive relief and unspecified
treble damages.
On Nov. 6, 2007, the Judicial Panel on Multidistrict Litigation
entered an order to consolidate cases in the U.S. District Court
of the District of Columbia for coordinated or consolidated
pretrial proceedings, under the caption, "In re: Rail Freight
Fuel Surcharge Antitrust Litigation, MDL No. 1869."
BNSF Railway Co. -- http://www.bnsf.com/-- formerly known as
The Burlington Northern and Santa Fe Railway Co., is a wholly
owned subsidiary of Burlington Northern Santa Fe Corp. BNSF
Railway operates a railroad system in North America.
BREVARD COUNTY: Palm Bay Files Suit Over Illegal Ambulance Fee
--------------------------------------------------------------
The city of Palm Bay in Florida is suing Brevard County to help
residents get a refund for the illegal fee they paid for
emergency ambulance service, Kate Brennan writes for Florida
Today.
According to the report, the city had sued the county over the
illegal ambulance fee years ago and won. Now, it is filing a
class action lawsuit to help 250,000 Brevard County property
owners get back more than $200 each.
The lawsuit, if successful, could cost Brevard County
$40 million to $64 million, Florida Today notes. According to
the report, if Palm Bay wins the lawsuit, it expects that
Brevard County would take out a huge loan to pay everyone back,
although the case could take a year to get to court.
The report relates that Brevard County residents pay $54 every
year for ambulance service, whether it is used or not. Palm Bay
residents say that they should get their money back.
Emergency medical service fees were tacked on to county property
taxes for years, Florida Today explains. It was a way for the
county manager and fire chief to circumvent voter approved tax
caps and beef up their budgets.
The Florida Supreme Court ruled that the fees were illegal in
2002, but it was not until Palm Bay initiated the lawsuit in
2006 that the county stopped. The suit alleges that Brevard
County collected about $200 from every home and business owner
over four years.
Palm Bay's mayor and three residents began the class action
suit. City Manager Lee Feldman says they are backing it because
the county collected money from their citizens, Florida Today
says.
BRITISH AIRWAYS: To Pay GBP102MM to Settle Overcharging Lawsuit
---------------------------------------------------------------
British Airways and Virgin Atlantic have agreed to pay out an
aggregate of GBP102 million to customers who were overcharged by
the two airlines between August 2004 and March 2006, ShareCast
reports.
The two airlines, according to Times Online, confirmed yesterday
that they had agreed to pay millions in compensation to settle
the lawsuit brought by Cohen Milstein Hausfield & Toll on behalf
of passengers in a San Francisco court. The court ruled that
the airlines conspired to fix surcharges -- the supplemental
fees added to fares to cover rising fuel costs.
ShareCast notes that the settlement deal is now awaiting court
approval.
ShareCast says that ripped-off customers who paid over the odds
for fuel surcharges will be able to claim back between GBP1 and
GBP11.50 per long-haul flight from British Airways and between
GBP2 and GBP10 from Virgin.
Although the lawsuit was brought by American lawyers in
California, it covers Britons who bought tickets for long-haul
flights on both airlines between August 2004 and March 2006,
Times Online explains. Those affected are entitled to up to
GBP20 per return journey and are being encouraged to visit a
dedicated Web site set up to handle compensation claims.
According to the lawyers, a typical family of four will be
entitled to an GBP80 refund for a long-haul trip.
Deseret Morning News recounts that British Airways was
previously fined more than US$500 million by U.S. and British
authorities for its role in the fuel-surcharge price-fixing
case. Virgin, however, was not fined because it came forward to
expose the alleged collusion.
As reported in the Class Action Reporter on Sept. 19, 2007,
Cohen Milstein launched the class action against Virgin Atlantic
after the airline company admitted its involvement in the
price-fixing scandal over fuel surcharges. The law firm
accelerated the proceedings against Virgin and British Airways
"by using [Virgin's] admission as a basis upon what price
prevailed in the market as a result of the illegal agreements."
Times Online adds that lawyers estimate that about 5.65 million
ticketholders will be eligible for compensation and passengers
will be able to claim, regardless of whether they booked through
a travel agent or with the airline directly. British Airways
has set aside GBP46 million to pay British customers with Virgin
earmarking GBP28 million, although these amounts also include
provisions to pay business customers who are expected to claim
substantial sums.
Customers who flew between August 11, 2004, and March 23, 2006,
on long-haul flights and who want their claims processed may log
on to:
http://www.virginbapassengerrefund.comand
http://www.airpassengerrefund.co.uk
or call: 0800 0430343.
Representing plaintiffs is:
Michael D. Hausfeld, Esq.
Cohen, Milstein, Hausfeld & Toll, P.L.L.C.
1100 New York Avenue, N.W.
Suite 500 West Tower
Washington, DC 20005
Phone: (202) 408-4600
Fax: (202) 408-4699
e-mail: lawinfo@cmht.com
Representing Virgin Atlantic is:
David E. Vann Jr., Esq. (dvann@stblaw.com)
Simpson Thacher & Bartlett, LLP
Citypoint, One Ropemaker St.
London EC2Y 9HU, England
Phone: 44-20-7275-6550
Fax: 011-44-20-7275-6502
ELECTRONIC DATA: Tech Service Workers File Suit for Overtime Pay
----------------------------------------------------------------
Six current and former technical workers of Electronic Data
Systems Corp. are suing the company for overtime pay, the
Associated Press reports.
The lawsuit, filed this month with the U.S. District Court in
Detroit, claims that EDS failed to pay overtime as required and
improperly labeled technical service workers to exempt them from
federal overtime protections.
EDS spokesman Travis Jacobsen told AP that the company is
committed to complying with labor laws and plans to fight the
lawsuit.
The Detroit Free Press says that, according to the plaintiffs'
lawyers, if the court certifies the case as a class action,
potentially thousands of EDS workers might be covered.
The lawsuit, Free Press notes, is similar to the one involving
technical employees that IBM Corp. settled for $65 million in
2006.
DELTA AIR: $4.5M Deal in Ga. ERISA Suit Awaits Court Approval
-------------------------------------------------------------
A $4.5 million settlement of class claims in the matter "Smith
v. Delta Air Lines, Inc., et al., Case No. 1:04-cv-02592-ODE,"
remains subject to the completion of definitive documentation
and Bankruptcy Court approval.
On March 16, 2005, a retired Delta employee filed an amended
class-action complaint in the U.S. District Court for the
Northern District of Georgia against Delta, certain current and
former Delta officers, and certain current and former Delta
directors on behalf of himself and other participants in the
Delta Family-Care Savings Plan.
The amended complaint alleges that the defendants were
fiduciaries of the Savings Plan and, as such, breached their
fiduciary duties under ERISA to the plaintiff class by:
-- allowing class members to direct their contributions
under the Savings Plan to a fund invested in Delta
common stock; and
-- continuing to hold Deltas contributions to the Savings
Plan in Deltas common and preferred stock.
The amended complaint seeks damages unspecified in amount, but
equal to the total loss of value in the participants accounts
from September 2000 through September 2004 from the investment
in Delta stock.
Defendants deny that there was any breach of fiduciary duty, and
have moved to dismiss the complaint. The District Court stayed
the action against Delta due to the bankruptcy filing and
granted the motion to dismiss filed by the individual
defendants.
The plaintiffs appealed to the U.S. Court of Appeals for the
Eleventh Circuit the District Courts decision to dismiss the
complaint against the individual defendants but voluntarily
dismissed this appeal, pending resolution of the automatic stay
of their claim against Delta.
The parties have reached an agreement in principle to resolve
this matter on a class-wide basis under which the plaintiffs
would receive a $4.5 million general, unsecured pre-petition
claim in Deltas Chapter 11 proceedings.
The settlement is subject to the completion of definitive
documentation and Bankruptcy Court approval.
The company reported no development in the matter in its
Feb. 15, 2008 form 10-K filing with the U.S. Securities and
Exchange Commission for the fiscal year ended Dec. 31, 2007.
The suit is "Smith v. Delta Air Lines, Inc., et al., Case No.
1:04-cv-02592-ODE," filed in the U.S. District Court for the
Northern District of Georgia under Judge Orinda D. Evans.
Representing the plaintiffs are:
Evan J. Smith, Esq.
Brodsky & Smith, LLC
Suite 602, 333 East City Avenue
Bala Cynwyd, PA 19004
Phone: 610-667-6200
e-mail: esmith@brodsky-smith.com
Gerald D. Wells, Esq.
Schiffrin & Barroway
280 King of Prussia Road
Radnor, PA 19087
Phone: 610-676-7706
Fax: 610-667-7056
e-mail: gwells@sbclasslaw.com
- and -
Michael Ira Fistel, Jr., Esq.
Holzer & Holzer, LLC
1117 Perimeter Center West, Suite E-107
Atlanta, GA 30338
Phone: 770-392-0090
e-mail: mfistel@holzerlaw.com
Representing the company is:
William Henry Boice, Esq.
Kilpatrick Stockton
1100 Peachtree Street, Suite 2800
Atlanta, GA 30309-4530
Phone: 404-815-6464
e-mail: bboice@kilpatrickstockton.com
GOLD'N PLUMP: Reaches $1.2MM Settlement in Minn. Wage Lawsuit
-------------------------------------------------------------
Gold'n Plump Poultry Inc. has reached a $1.2-million settlement
in a class action suit filed by the poultry producer's employees
who are requesting additional pay for certain tasks, including
getting dressed for work, the Associated Press reports.
Filed on February 24, the suit claims that current and former
Gold'n Plump workers are owed overtime pay for the practice of
"donning and doffing."
According to Zimmerman Reed, a law firm representing Gold'n
Plump employees, "donning and doffing" is the act of
putting on and taking off the clothing and protective gear
required during the workday. Additionally, the attorneys also
claim that employees are owed overtime pay for time spent
sanitizing those items, as well as for preparing and sanitizing
equipment required for use during a shift.
However, according to the certification order filed with the
U.S. District Court, St. Cloud, Minnesota-based Gold'n Plump
argued that each employee's pay standards and time spent
"donning and doffing" may differ depending on variables such as
that employee's supervisor, position, shift, department or place
of work.
Judge Ericksen certified the action under the Fair Labor
Standards Act (Class Action Reporter, Sept. 19, 2005).
Employees who may qualify for a potential settlement include
current and former production, maintenance and sanitation
workers at plants located in Luverne, Minnesota; Cold Spring,
Minnesota; and Arcadia, Wisconsin.
The recent settlement agreement allows workers to be on the
clock while dressing and undressing, but Gold'n Plump gets to
set time limits. The settlement will be divided among as many
as 3,000 workers at Luverne and Cold Spring, Minnesota, or
Arcadia, Wisconsin. Eligible workers get 55 minutes of pay for
every eligible week they worked between February 2001 and
December 2007.
Attorneys say the settlement reached still needs final approval.
To contact Zimmerman Reed:
Zimmerman Reed
651 Nicollet Mall, Suite 501
Minneapolis, MN 55402
Phone: (612) 341-0400
(800) 755-0098 (Toll Free)
Fax: (612) 341-0844
HONEYWELL INT'L: Ariz. Court Gives Final Approval to $35M Deal
--------------------------------------------------------------
The U.S. District Court for the District of Arizona gave final
approval to the proposed $35 million settlement in the class
action, "Allen, et al. v. Honeywell Retirement Earnings Plan,
Case No. 2:04-cv-00424-ROS," which was filed by members of
Honeywell International, Inc.'s retirement earnings plan,
according to Alcoa, Inc.'s Feb. 15, 2008 form 10-K filing with
the U.S. Securities and Exchange Commission for the fiscal year
ended Dec. 31, 2007.
The plaintiffs in the suit seek unspecified damages relating to
allegations that, among other things, Honeywell impermissibly
reduced the pension benefits of employees of Garrett Corp., a
predecessor entity, when the plan was amended in 1983 and failed
to calculate certain benefits in accordance with the terms of
the plan.
In the third quarter of 2005, the U.S. District Court for the
District of Arizona ruled in favor of the plaintiffs on these
claims and in favor of the Honeywell on virtually all other
claims.
The company said it strongly disagrees with, and intends to
appeal, the court's adverse ruling. In September 2006, the
court certified a class.
During the third quarter of 2007, the company agreed to a
settlement in principle with the plaintiffs in this class
action.
Under the terms of the settlement in principle, 18 of the 21
claims alleged by plaintiffs would be dismissed with prejudice
in exchange for approximately $35 million, and the maximum
aggregate liability for the remaining three claims would be
capped at $500 million.
Under the terms of the settlement, 18 of the 21 claims alleged
by plaintiffs would be dismissed with prejudice in exchange for
approximately $35 million, and the maximum aggregate liability
for the remaining three claims would be capped at $500 million.
The definitive settlement agreement received final approval from
the U.S. District Court for the District of Arizona in February
2008, according to Alcoa, Inc.'s Feb. 15, 2008 Form 10-K filing
with the U.S. Securities and Exchange Commission for the fiscal
year ended Dec. 31, 2007.
The suit is "Allen, et al. v. Honeywell Retirement Earnings
Plan, Case No. 2:04-cv-00424-ROS," filed with the U.S. District
Court for the District of Arizona, Judge Roslyn O. Silver
presiding.
Representing the plaintiffs are:
Daniel Lee Bonnett, Esq.
Jennifer Lynn Kroll, Esq.
Martin & Bonnett, PLLC
3300 N. Central Ave., Ste. 1720
Phoenix, AZ 85012
Phone: 602-240-6900
Fax: 602-240-2345
e-mail: dbonnett@martinbonnett.com
jkroll@martinbonnett.com
Representing the defendants are:
Michael L. Banks, Esq.
Amy Covert, Esq.
Morgan Lewis & Bockius, LLP
1701 Market St.
Philadelphia, PA 19103-2721
Phone: 215-963-5387 and 215-963-4749
Fax: 215-963-5001
e-mail: mbanks@morganlewis.com
acovert@morganlewis.com
- and -
Dawn L. Dauphine, Esq.
Osborn Maledon, PA
P.O. Box 36379
Phoenix, AZ 85067-6379
Phone: 602-640-9000
Fax: 602-640-6075
e-mail: ddauphine@omlaw.com
KANSAS CITY: Still Faces Several Fuel Surcharges Antitrust Suits
----------------------------------------------------------------
The Kansas City Southern Railway Co. (KCSR), a subsidiary of the
Kansas City Southern, along with other major U.S. railroads,
continues to face a number of putative class actions alleging
that the individual railroads conspired in violation of U.S.
antitrust laws.
As of Dec. 31, 2007, KCSR has been included along with several
other major U.S. railroads in 28 putative class actions alleging
that the individual railroads conspired to fix fuel surcharges
in violation of U.S. antitrust laws, according to the company's
Feb. 15, 2008 form 10-K filing with the U.S. Securities and
Exchange Commission for the fiscal year ended Dec. 31, 2007.
Kansas City Southern -- http://www.kcsouthern.com/-- is a
holding company with principal operations in rail
transportation.
LOG DEN: Trying to Resolve Problem, Plaintiffs' Lawyer Says
-----------------------------------------------------------
As reported in the Class Action Reporter on July 25, 2007, nine
people filed a class action with Door County, Wisconsin Circuit
Court seeking compensation for ailments caused by eating and
drinking at the Log Den Restaurant, in Egg Harbor. At least 225
people became ill after consuming food or drink prepared and
sold at the Log Den during the period beginning May 1, 2007, the
lawsuit stated.
Serving food and beverages that caused ailments were a breach of
"the implied warranty" of the business that those items were
"reasonably fit for human consumption," the lawsuit stated.
"Restaurants are not supposed to serve food and drink that cause
people injury," said Brett Reetz, Esq., of Reetz Law Office in
Sturgeon Bay, one of three lawyers who brought the suit.
Water tests confirmed that the water in a well just outside the
restaurant had become contaminated with fecal matter containing
high levels of norovirus, which causes vomiting, diarrhea, and
fatigue.
About 30 people joined the class action as unnamed parties,
Mr. Reetz told Greenbay Press Gazette in an update.
Mr. Reetz said that "a large percentage of the cases have been
resolved" and that the Lautenbachs, who own the Log Den, "have
done a fine job." Mr. Reetz added that the owners recognized
people were affected and "have done the right thing through
their attorneys and insurance carriers."
Mr. Reetz further said that a framework has been established "to
fundamentally resolve all claims."
Homeowners Want Wastewater Flow Stopped
A group of frustrated homeowners asked the Door County Board of
Health Committee to stop the wastewater from flowing into the
groundwater from the private septic system at the Log Den, Press
Gazette relates.
According to Press Gazette, the Log Den system was deemed
failing by the Door County Sanitarian's Office in late December
2007 for releasing wastewater into the groundwater. The office
issued an order to the Log Den owners requiring them to repair
or replace the system by June 30, 2008.
However, Press Gazette says, the homeowners who live in the area
surrounding the Log Den said that they were not satisfied with
the remedy ordered by the Sanitarian's Office.
"That's totally unacceptable to allow a public health-care
problem to go unattended" for six months, Al Goeppinger, who
lives with his wife, Lynn, east of the restaurant on Door County
G in Egg Harbor. "The longer this goes unabated, it's only
going to get worse," Mr. Goeppinger added.
Representing plaintiffs are:
Brett E. Reetz, Esq.
Reetz Law Office
4158 Main St
Fish Creek, WI 54212
Phone: (920) 868-2867
Fax: (920) 868-3196
- and -
Shane Laughton Brabazon
Brabazon Law Offices, LLC
P.O. Box 11213
221 Packerland Drive
Green Bay, WI 54307-1213
Phone: (920) 494-1106 or (800) 596-0691 (Toll Free)
Fax: (920) 494-0501
Web site: http://www.brabazonlawoffice.com
e-mail: brabazonlaw@msn.com
NATIONAL CITY: Reaches Settlement in Ill. Loan Originator's Suit
----------------------------------------------------------------
National City Mortgage, Inc., reached a settlement for a
purported class action filed in Illinois, which is alleging that
the company violated the Fair Labor Standards Act of 1938.
On Dec. 19, 2005, a class action suit was filed against National
City Mortgage Co. with the U.S. District Court for the Southern
District of Illinois.
The suit was filed by Derrick Perry, a loan originator for and
National City Mortgage. He is alleging that the company failed
to pay him overtime in violation of the FLSA (Class Action
Reporter, Dec. 30, 2005).
Mr. Perry claims that during the past three years he regularly
worked far in excess of 40 hours per week, including regularly
scheduled hours on weekends but was only paid by commission. He
claims that loan originators are eligible for repayable draws of
up to $2,000 per month in case their commissions did not equal
that amount in any given month, but were not compensated for any
substantial overtime hours worked.
In addition, Mr. Perry also asserts that loan originators are
not required to record their time worked, and that National City
failed to maintain accurate time records as required by the
FLSA.
In essence, the the suit alleges that the defendants willfully
violated the FLSA by failing to pay overtime and further claims
that he and other employees are victims of a uniform and
company-wide compensation policy that is in violation of the
FLSA. It further alleges that National City Mortgage loan
originators were improperly designated as exempt employees and
seeks monetary damages.
On June 21, 2007, the court conditionally certified an opt-in
class of loan originators.
On Nov. 6, 2007, a settlement in principle was reached to
resolve all wage and hour claims of the loan originators
employed during the class period that opt-in to the settlement
class. This settlement is subject to court approval, according
to the company's Feb. 13, 2008 form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
Dec. 31, 2007.
The suit is "Perry v. National City Mortgage, Inc., Case No.
3:05-cv-00891-DRH-PMF," filed with the U.S. District Court for
the Southern District of Illinois, Judge David R. Herndon
presiding.
Representing the plaintiff is:
George A. Hanson, Esq.
Stueve, Siegel et al.
460 Nichols Road, Suite 200
Kansas City, MO 64112
Phone: 816-714-7112
Fax: 816-714-7101
e-mail: hanson@stuevesiegel.com
- and -
Michael B. Marker, Esq.
Rex Carr Law Firm
412 Missouri Avenue
East St. Louis, IL 62201-3016
Phone: 618-274-0434
Fax: 618-274-8369
e-mail: mmarker@rexcarr.com
Representing the defendants is:
Matthew W. Lampe, Esq.
Jones Day
325 John H. McConnell Boulevard, Suite 600
Columbus, OH 43215
Phone: 614-469-3939
e-mail: mwlampe@jonesday.com
NATIONAL CITY: Faces Suits in Ohio Alleging Violations of ERISA
---------------------------------------------------------------
National City Corp. faces two purported class actions that were
filed with the U.S. District Court for the Northern District of
Ohio, alleging violations of the Employee Retirement Income
Security Act.
On Jan. 10, and Jan. 17, 2008, two putative class action
lawsuits were filed against National City Corp., the
Administrative Committee for the National City Savings and
Investment Plan, and certain current and former officers and
directors of the Corporation.
The complaints allege violations under of the ERISA relating to
the corporation's stock being offered as an investment
alternative for participants in the Plan.
They are seeking unspecified money damages and equitable relief,
according to the company's Feb. 13, 2008 form 10-K filing with
the U.S. Securities and Exchange Commission for the fiscal year
ended Dec. 31, 2007.
National City Corp. -- https://www.nationalcity.com -- is a
financial holding company. The Company's core businesses
include commercial and retail banking, mortgage financing and
servicing, consumer finance and asset management.
NATIONAL CITY: N.Y. Judge Recommends Dismissal of Certain Claims
----------------------------------------------------------------
The Magistrate Judge of the U.S. District Court for the Eastern
District of New York recommended the dismissal of pre-2004
claims in the matter, "In re Payment Card Interchange Fee and
Merchant Discount Antitrust Litigation, MDL-1720, Case No. 1:05-
md-01720- JG-JO," which names National City Corp., as a
defendant.
Beginning on June 22, 2005, a series of antitrust class action
lawsuits were filed against Visa, MasterCard, and several major
financial institutions, including eight cases naming the company
and its subsidiary, National City Bank of Kentucky, since merged
into National City Bank. The suits were in relation to
"interchange fees" (Class Action Reporter, Feb. 2, 2007).
The plaintiffs, merchants operating commercial businesses
throughout the U.S. and trade associations, claim that the
interchange fees charged by card-issuing banks are unreasonable
and seek injunctive relief and unspecified damages.
The cases have been consolidated for pretrial proceedings in the
U.S. District Court for the Eastern District of New York under
the caption, "In re Payment Card Interchange Fee and Merchant
Discount Antitrust Litigation, MDL-1720, Case No. 1:05-md-01720-
JG-JO."
On July 1, 2007, the company, and National City Bank entered
into a Judgment Sharing Agreement with respect to this
litigation.
On Sept. 7, 2007, the Magistrate Judge recommended to the
District Court that all claims that predate Jan. 1, 2004 should
be dismissed, according to the company's Feb. 13, 2008 Form 10-K
filing with the U.S. Securities and Exchange Commission for the
fiscal year ended Dec. 31, 2007.
The suit is "In re Payment Card Interchange Fee and Merchant
Discount Antitrust Litigation, MDL-1720, Case No. 1:05-md-01720-
JG-JO," filed in the U.S. District Court for the Eastern
District of New York, Judge John Gleeson presiding.
Representing some of the plaintiffs are:
Darla Jo Boggs, Esq.
Lockridge Grindal Nauen, P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Phone: 612-339-6900
Fax: 612-339-0981,
e-mail: djboggs@locklaw.com
Christopher M. Burke, Esq.
Lerach Coughlin Stoia Geller Rudman & Robbins
655 W. Broadway, Suite 1900
San Diego, CA 92101
Phone: 619-231-1058
Fax: 619-231-7423
e-mail: chrisb@lerachlaw.com
- and -
Jason S. Cowart, Esq.
Pomerantz Haudek Block Grossman & Gross, LLP
100 Park Avenue, 26th Floor
New York, NY 10017
Phone: 212-661-1100
Fax: 212-661-8665
e-mail: jasoncowart@yahoo.com
Representing the defendants is:
John M. Majoras, Esq.
Jones Day
51 Louisiana Ave., NW
Washington, DC 20001
Phone: 202-879-3939
Fax: 202-626-1700
e-mail: jpcooney@jonesday.com
NEW ENGLAND: Faces Lawsuit in La. Over "Fraudulent Videotaping"
---------------------------------------------------------------
The New England Patriots face a purported class action, which is
claiming that their "fraudulent videotaping" of the St. Louis
Rams' walk-through prior to Super Bowl XXXVI 2002 Super Bowl
should cost the team damages in excess of $100 million, ESPN.COM
reports.
The suit was filed with the U.S. District Court for the Eastern
District of Louisiana on Feb. 15, 2008. Specifically named as
defendants in the matter are:
-- The New England Patriots;
-- New England Patriots Limited Partnership; and
-- Coach Bill Belichick.
It was brought behalf of Willie Gary, identified as a Rams
employee and football player, Kevin Hacker, Marcus Miller, and
Peter Trout.
The plaintiffs are claiming that that the Patriots fraudulently
gained an unfair advantage by taping a Rams walk-through
practice the day before the teams played in the Super Bowl
XXXVI. They are asking for refunds on behalf of everyone who
paid to attend Super Bowl XXXVI in New Orleans.
The suit is claiming that the Patriots were engaged in fraud,
racketeering, breach of contract, and were in violation of
Louisiana's unfair trade practices, and consumer protection act.
ESPN.COM reports that the suit is seeking restitution for three
classes: Rams players, coaches, staff and employees of the team
that met New England in the Super Bowl in 2002, all 72,922 fans
who attended the game, and owners of St. Louis Rams seat
licenses for the 2001 and 2002 seasons.
In addition, ESPN.COM learned that the suit asking for $35
million in damages, which would be tripled under a federal
racketeering act dating back to the 1970s, plus punitive
damages, and attorney fees.
The allegations stem from reports that the Patriots, in addition
to videotaping their 2007 season opener against the Jets for
which they were fined and penalized a first round pick, had been
illegally videotaping walk-throughs and defensive signals back
for seven seasons, according to the ESPN.COM report.
In September 2007, both Mr. Belichick, and the Patriots were
penalized by the N.F.L. for the alleged pattern of videotaping
opposing sidelines, a violation of league rules.
Commissioner Roger Goodell then had all pertinent material
destroyed, which has drawn concern from Senator Arlen Specter of
Pennsylvania.
The suit is "Gary et al v. New England Patriots et al., Case No.
2:08-cv-01002-ILRL-JCW," filed with the U.S. District Court for
the Eastern District of Louisiana, Judge Ivan L. R. Lemelle
presiding.
Representing the plaintiffs is:
John Leslie Young, Esq.
Law Office of John L. Young
915 St. Louis Street
New Orleans, LA 70112
Phone: 504-581-2200
e-mail: jlylaw@aol.com
NUTRI-FOODS: Recalls Sesame Seeds Posing Possible Health Risks
--------------------------------------------------------------
Nutri-Foods, Inc. of Royal Oak, Michigan, is recalling its .50
pound packages of "Organic Sesame Seeds Natural - Unhulled" due
to possible salmonella contamination, an organism, which can
cause serious and sometimes fatal infections in young children,
frail or elderly people, and others with weakened immune
systems.
Healthy persons infected with Salmonella often experience fever,
diarrhea (which may be bloody), nausea, vomiting, and abdominal
pain. In rare circumstances, infection with Salmonella can
result in the organism getting into the bloodstream and
producing more severe illness such as arterial infections (i.e.,
infected aneurysms), endocarditis and arthritis.
The recalled "Organic Sesame Seeds Natural - Unhulled" were sold
at Nutri-Foods.
The product comes in a .50 pound clear plastic package with a
product SKU #170 at the top and a "packed on" date of Dec. 28.
This product was sold from circa Dec. 15, 2007, through Jan. 28,
2008.
No illnesses have been reported to date in connection with this
problem.
Production of the product has been suspended while the FDA and
manufacturer of the product continue their investigation.
Consumers who have purchased the .50 pound package are urged to
return them to Nutri-Foods for a full refund. Consumers with
questions may call Nutri-Foods at (248) 541-6820 and ask for
John B. or Judy.
PHILIPPINES: Defense Chief Wants Illegal Arrest Suit Dismissed
--------------------------------------------------------------
Defense Secretary Gilberto Teodoro Jr. has asked the Makati
Regional Trial Court Branch 56 to dismiss the Php10-million
class action suit by media practitioners against:
-- Interior Secretary Ronaldo Puno,
-- Justice Secretary Raul Gonzalez,
-- Defense Secretary Gilberto Teodoro Jr.
-- Philippine National Police director Avelino Razon,
-- National Capital Region Police Office chief Geary
Barias,
-- Southern Police District director Luizo Ticman,
-- PNP-Special Action Force commander C/Supt. Leocadio
Santiago, and
-- PNP-Criminal Investigation and Detection Group-National
Capital Region Director S/Supt Asher Dolina
for arresting journalists covering a mutiny attempt at The
Peninsula Manila Hotel in Makati City last year, The Manila
Standard reports.
The report recalls that on Nov. 29, 2007, members of the media
were arrested by police authorities after the standoff at the
Manila Peninsula Hotel.
About 50 journalists were nabbed and released later (Class
Action Reporter, Jan. 31, 2008). Authorities said the arrest
was done to separate and identify legitimate media practitioners
from members of the mutineers who they alleged were posing as
media identity to escape authorities.
Mr. Teodoro is among the top police and Cabinet officials who
were sued by the journalists for threatening their right to
freedom of speech, and have asked the court to compensate them
for their supposed illegal arrests during the hotel siege.
In a nine-page dismissal motion, Mr. Teodoro said the lawsuit
and the petition for a writ of preliminary injunction against
the government lacked merit.
Mr. Teodoro said he was merely exercising his freedom of speech
when he was quoted in the newspapers, expressing his support for
the crackdown on reporters, who chose to stay behind as police
commandos stormed the Peninsula and nabbed several members of
the rebel Magdalo group.
According to Mr. Teodoro's counsel, Alberto Valenzuela, the
complaint which seeks to hold Mr. Teodoro liable for his
exercise of a constitutionally guaranteed right to freedom of
expression and to enjoin him from the future exercise of that
right, does not state a cause of action against the defense
secretary.
The complaint does not allege, and it may thus be assumed, that
Mr. Teodoro did not direct, order or in any manner participate
in the alleged arrest of media practitioners during the Manila
Peninsula standoff nor did the complaint allege that the arrests
were carried out by elements of the Armed Forces of the
Philippines, Mr. Teodoro's motion stated.
PRESSTEK INC: N.H. Court Denies Dismissal Bid v. Securities Suit
----------------------------------------------------------------
The U.S. District Court for the District of New Hampshire
rejected a motion to dismiss a purported securities fraud class
action filed against Presstek, Inc.
In October 2006, the Company and two of its former executive
officers were named as defendants in a purported securities
class action filed with the U.S. District Court for the District
of New Hampshire.
The suit claims to be brought on behalf of purchasers of the
Company'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
Exchange Act and Rule 10b-5 promulgated thereunder.
The Company and the individual defendants filed a motion to
dismiss the complaint, and this motion has been denied,
according to the company's Feb. 15, 2008 Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter
ended Sept. 29, 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, Judge Joseph A. DiClerico, Jr. presiding.
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: 603-228-2277
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
SHERWOOD BRANDS: Recalls Cards Containing Metal Fragments
---------------------------------------------------------
Sherwood Brands LLC is voluntarily recalling approximately
400,000 packages of Pokemon branded "Valentine Cards and Pops"
(Item# 073964209109 and Item# 073964289804), because of reports
that metal fragments were found in two lollipops purchased in
Florida. There are no reports of injury.
People who bite into or swallow a metal fragment could possibly
be injured.
The products being recalled are packages of ten and thirty
Pokemon branded Valentine cards and lollipops featuring a
variety of characters.
Sherwood Brands is advising its distribution network to remove
the Pokemon branded Valentine cards and lollipops from the
shelves immediately. The product was sold at retailers
nationwide.
"Our utmost concern is the safety of our customers. We took
immediate action upon learning of this incident and Sherwood is
working with the FDA to recall the products," said Amir Frydman,
president of Sherwood Brands.
"Pokemon is committed to consumer safety and we're working
closely with our licensee, Sherwood Brands, to investigate this
matter completely," said J.C. Smith, Pokemon USA's director of
marketing.
Consumers who have purchased the above products are advised not
to consume them and to return them to Sherwood Brands for a full
refund. Send affected products to:
Sherwood Brands LLC
Attn: Product Recall
350 Shaw Drive,
Keysville, VA 23947
STRAUSS GROUP: To Sell Cheaper Wafers in Settlement of Lawsuit
--------------------------------------------------------------
Strauss Group Ltd. has reached a settlement with prosecutor Dror
Sher in a class action lawsuit over a reduction in packaging
size of food products without a comparable reduction in price,
Globes Online reports.
According to the report, under the settlement, Strauss Group
will, for one year, sell a special double package of Elite brand
wafers -- one in chocolate truffles flavor and the other in
cheesecake flavor.
The settlement is awaiting the approval of the Tel Aviv District
Court.
Globes Online recalls that the ILS52-million class-action
lawsuit claimed that Strauss reduced the weight of almond-sour
cream flavored and halva-flavored wafers from 500 grams to 400
grams without reducing the price or without notifying consumers.
The company defends that it had never produced almond-sour cream
flavored wafers in a 500-gram package and that the weight of the
package size is clearly marked on the front to avoid misleading
consumers.
Under the settlement, Globes Online says, the lawsuit will only
be recognized as a class-action lawsuit for almond-sour cream
flavored wafers. Moreover, the settlement provides that Strauss
will market 70,483 packages at a reduced price. The settlement
also stipulates that if Strauss is unable to sell all the
packages during the period of the sale campaign, it will extend
the campaign until all the packages are sold.
About Strauss Group
Headquartered in Israel, Strauss Group's principal activities
are the manufacturing, marketing and distribution of a broad
range of food products, including yogurts, dairy desserts, soft
cheeses, confectionery, coffee, chocolate, salads, freshly
squeezed juices, baked goods, salty snacks, olive oil, honey,
cereal-based products and soy desserts. Strauss Group employs
approximately 10,106 people, manufactures hundreds of products
and operates in five continents.
Contact:
84 Arlozorov Street
52100 Ramat Gan
Israel
Phone : ?+972 3 6752111
?+972 3 6752338
Fax : ?+972 3 6752279
Web site: http://www.straussgroup.co.il/
TRANSCOR AMERICA: Faces CA Suit Over Transportation of Detainees
----------------------------------------------------------------
Transcor America, LLC, is facing a class-action complaint filed
on Feb. 14, 2008, with the U.S. District Court for the Northern
District of California alleging that the company transports
pretrial detainees with excessive force in conditions that are
unconstitutionally cruel and degrading, CourtHouse News Service
reports.
The action is for declaratory and injunctive relief, damages,
and punitive damages for violations of the plaintiff's
constitutional rights and those of other similarly situated.
Named plaintiff Kevin M. Schilling alleges that Transcor's
official policy, practice, or custom of transporting pretrial
detainees and prisoners in conditions that amount to cruel and
unusual punishment violated and violates his rights and those of
persons similarly situated, secured by the Fourth, Eight, and
Fourteenth Amendments to the U.S. Constitution and entitles
plaintiff, and each of those similarly situated, to recover
damages and attorneys' fees under the Federal Civil Rights Act
(42 USC Sections 1983, 1988).
Mr. Schilling brings the action on behalf of all pretrial
detainees and prisoners who were transported by Transcor, its
agents and employees, and forced to remain in the transport van
for more than 24 hours, from two years preceding the filing of
the complaint to the date the matter is resolved.
Thus, the plaintiff wants the court to rule on:
(a) whether defendants have a policy, practice, or custom
of transporting pretrial detainees and prisoners in
small metal cages, wearing handcuffs, shackles and
wrist restraints, for more than 24 hours at a time;
(b) whether defendants have a policy, practice or custom of
providing pretrial detainees and prisoners with
inadequate food;
(c) whether defendants have a policy, practice or custom of
providing pretrial detainees and prisoners with
inadequate fluids;
(d) whether defendants have a policy, practice or custom of
providing pretrial detainees and prisoners with
inadequate hygiene;
(e) whether defendants have a policy, practice or custom of
providing pretrial detainees and prisoners with
inadequate exercise; and
(f) whether defendants have a policy, practice or custom of
providing pretrial detainees and prisoners with
inadequate medical care.
The plaintiff asks the Court to enter a judgment:
-- for declaratory and injunctive relief declaring illegal
and enjoining, preliminary and permanently, defendants'
policy, practice, or custom of transporting pretrial
detainees and prisoners under the conditions described;
-- certifying the action as a class action;
-- for compensatory, general, and special damages for each
representative and for each member of the class of
plaintiffs, as against all defendants;
-- for exemplary damages as against each of the individual
defendants in an amount sufficient to deter and to make
an example of those defendants;
-- for attorneys' fees and costs under 42 USC Section 1988,
and California Civil Code Section 52 et seq.; and
-- awarding the cost of the suit and such other relief as
the court finds just and proper.
The suit is "Kevin M. Schilling et al v. Transcor America LLC,
et al., Case No: CV 08 941 JL," filed with the U.S. District
Court for the Northern District of California.
Representing the plaintiffs are:
Mark E. Merin, Esq. (mark@markmerin.com)
Joshua Kaizuka, Esq. (joshua@markmerin.com)
Law Offices of Mark E. Merin
2001 P. Street, Suite 100
Sacramento, California 95814
Phone: (916) 443-6911
Fax: (916) 447-8336
Andrew C. Schwartz, Esq.
Casper, Meadows, Schwartz & Cook
A Professional corporation
California Plaza
2121 North California Blvd., Suite 1020
Walnut Creek, California 94596
Phone: (925) 947-1147
Fax: (925) 947-1131
Web site: http://www.cmslaw.com
- and -
Karen L. Snell, Esq. (ksnell@clarencedyer.com)
102 Buena Vista Terrace
San Francisco, CA 947117
Phone: (415) 225-7592
Fax: (415) 487-0748
TULLY'S COFFEE: Faces Suit in Calif. Over Meals, Rest Periods
-------------------------------------------------------------
Tully's Coffee Corp. faces a purported class action filed with a
California State Court, alleging that the company failed to
provide meal and rest periods for its employees.
The suit was filed in December 2007 by a former store employee
who is seeking class action certification of the suit. The
plaintiff is seeking to include all hourly employees in Tully's
California stores as members of the proposed class.
In general, the suit is seeking damages, restitution, injunctive
relief, and attorneys' fees and costs, according to the
company's Feb. 13, 2008 form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended
Dec. 30, 2007.
Tully's Coffee Corp. -- http://www.tullys.com/-- is a specialty
retailer in the fast-casual categories of specialty coffee,
snacks and non-alcoholic beverages, within the quick-service
restaurant industry.
WACHOVIA BANK: Accused of Defrauding Customers in Ga. Lawsuit
-------------------------------------------------------------
Wachovia Bank, N.A. is facing a class-action complaint filed
with the Superior Court of Fulton County, Georgia, accusing it
of defrauding its checking account holders by running up
overdraft fees through "a non-chronological, largest-to-smallest
system to order the posting of debits to customer accounts,"
CourtHouse News Service reports.
Named plaintiffs Casey and Emily White bring the action on
behalf of all persons that suffered injuries as a result of the
defendant's "unfair, deceptive and wrongful business practice."
"Wachovia routinely enforces a policy whereby charges incurred
are posted to consumers' accounts in order of largest to
smallest amounts, even when larger charges are received days
after smaller charges . . . in order to increase the number and
amount of services fees it may impose upon consumers' accounts
that are consequently overdrawn as a result of this practice,"
the complaint states.
The Whites request the court:
-- for certification of the matter as a class action
lawsuit to proceed on behalf of the class of all
Currently Unnamed plaintiffs as defined after suitable
discovery has been completed;
-- for injunctive relief as set forth;
-- for restitution;
-- for an award of such damages as are authorized by law;
-- for a trebling of any such award based upon defendant
unfair business practices;
-- for an award of all reasonable costs and attorneys' fees
incurred by plaintiffs;
-- for trial by jury of all matters; and
-- for such other and further relief as the court may deem
just and equitable.
The suit is "Casey White et al. v. Wachovia Bank, N.A., File NO.
2008CV146472," filed in the Superior Court of Fulton County,
Georgia.
Representing the plaintiffs are:
E. Adam Webb, Esq.
G. Franklin Lemond, Jr., Esq.
William Stone, Esq.
Webb, Klase & Lemond, LLC
1900 The Exchange, S.E. Suite 480
Phone: (770) 444-0773
Fax: (770) 444-0271
e-mail: contact@webbllc.com
WAYNE STATE: Faces Mich. Lawsuit Over Unreturned Students' Fees
---------------------------------------------------------------
Wayne State University faces a purported class action in a
Michigan court, which claims that the university defrauded
students out of $5.3 million and demanding repayment, Marisa
Schultz of The Detroit News reports.
The suit was filed by law student Jason Moss. It centers on a
fee Wayne State collected in the fall, in anticipation of a
state funding shortfall.
The fee -- $13-per-credit for undergraduates and $29-per-credit
for graduate students -- was designed to safeguard the
university in case it didn't receive money it was promised from
the state.
The state pulled through with the appropriations, however, Wayne
State didn't refund the money it collected from students,
according to The Detroit News.
Gregory D. Hanley, Esq., who is representing Mr. Moss said that
he and his client want the refunds back. He pointed out that
WSU is legally required to pay them.
For more details, contact:
Gregory D. Hanley, Esq.
Kickham Hanley P.C.
300 Balmoral Centre
32121 Woodward Avenue
Royal Oak, Michigan 48073
Phone: (248)414-9900
Fax: (248)414-9906
e-mail: ghanley@kickhamhanley.com
Web site: http://www.kickhamhanley.com
New Securities Fraud Cases
MUNICIPAL MORTGAGE: Finkelstein Thompson Files Securities Suit
--------------------------------------------------------------
Finkelstein Thompson LLP has filed a class action lawsuit with
the United States District Court for the District of Maryland on
behalf of purchasers of Municipal Mortgage & Equity LLC
(NYSE:MMA) common stock during the period between May 3, 2004,
and January 29, 2008.
MuniMae provides debt and equity financing to developers of
multifamily and commercial properties in the United States.
The complaint alleges that the Company, and certain of its
officers and directors, concealed and misrepresented material
adverse facts pertaining to MuniMae's business prospects,
financial condition and financial performance.
Specifically, the complaint alleges that during the Class Period
the Company and the other defendants misled investors concerning
the adequacy of the Company's internal controls and the value
and performance of its tax-exempt bond portfolio.
On January 29, 2008, following the close of trading, MuniMae
disclosed for the first time that the Company was performing
well below expectations and further expected to restate its
financial results spanning back to 2004, thereby admitting that
its prior reported financial results had been materially
misleading. Following this announcement, the Company's share
price plunged over 47% in after-hours trading. The following
day, January 30, MuniMae's share price fell an additional 30%.
The plaintiff seeks to recover damages on behalf of all
purchasers of MuniMae common stock during the Class Period.
Interested parties may move the court no later than March 31,
2008 for lead plaintiff appointment.
For more information, contact:
Donald J. Enright, Esq.
(denright@finkelsteinthompson.com)
Elizabeth K. Tripodi, Esq.
(etripodi@finkelsteinthompson.com)
Finkelstein Thompson LLP
The Duvall Foundry
1050 30th Street, N.W.
Washington, DC 20007
Phone: 877-337-1050
MUNICIPAL MORTGAGE: Spector Roseman Files Securities Fraud Suit
---------------------------------------------------------------
The law firm of Spector, Roseman & Kodroff, P.C., announced that
a securities class action lawsuit was commenced with the United
States District Court for the District of Maryland, on behalf of
all purchasers of Municipal Mortgage & Equity, LLC (Other
OTC:MMAB.PK) between May 3, 2004, through January 29, 2008,
inclusive.
The complaint alleges that MuniMae and a number of its senior
officers and directors violated the federal securities laws by
disseminating a series of false and misleading statements about
MuniMae's revenues, earnings and financial condition. The
Complaint alleges, among other things, that MuniMae overstated
its financial results as a result of its failure to:
(a) consolidate on the Company's balance sheet hundreds of
variable interest entities, as required by applicable
accounting rules; and
(b) timely write-down the fair value of impaired assets.
The Complaint further alleges that MuniMae falsely reported
strong performance and earnings growth when, to the contrary,
the Company was performing poorly and would be required to cut
its dividend.
On Jan. 28, 2008, MuniMae issued a press release announcing that
it was cutting its quarterly dividend by 37%, from $0.5250 to
$0.33 per share. MuniMae also revealed that it would not
complete its previously announced restatement of financial
results by the March 3, 2008 deadline imposed by New York Stock
Exchange, and that its stock would be delisted by the Exchange.
On this announcement, the price of MuniMae stock dropped from
$17.20 per share to close at $9.19 per share on January 29,
2008, representing a 47% single-day decline.
Finally, on January 29, 2008, MuniMae provided additional
details regarding its restatement, including the fact that the
it was required to consolidate on its balance sheet
approximately 200 variable interest entities in which it holds
minority interests, and it would be writing-down the fair value
of certain assets held-for-sale including loans, bonds,
derivatives, guarantee obligations, and mortgage servicing
rights. On this disclosure, the price of MuniMae stock dropped
an additional 22%, to close at $7.13 per share on Jan. 30, 2008.
For more information, contact:
Robert M. Roseman, Esq.
Spector, Roseman & Kodroff, P.C.
1818 Market Street, Suite 2500
Philadelphia, PA 19103
Phone: 888-844-5862
e-mail: classaction@srk-law.com
Web site: http://www.srk-law.com
ORION ENERGY: Spector Roseman Files Securities Fraud Suit in NY
---------------------------------------------------------------
The law firm of Spector, Roseman & Kodroff, P.C., announced that
a class action lawsuit has been commenced with the United States
District Court for the Southern District of New York, on behalf
of all persons who purchased or acquired the common shares of
Orion Energy Systems, Inc. (NasdaqGM:OESX) in the Company's
Initial Public Offering on December 18, 2007 or in the open
market from December 18, 2007, through February 6, 2008,
inclusive.
The Complaint alleges that during the Class Period the Company,
and certain of its officers and directors, and the underwriters
who sponsored the IPO, violated the federal securities laws by
issuing a Registration Statement and Prospectus in connection
with the IPO which was materially false or misleading due to
omissions.
Interested parties may move the court no later than April 11,
2008, for lead plaintiff appointment.
For more information, contact:
Robert M. Roseman, Esq.
Spector, Roseman & Kodroff, P.C.
1818 Market Street, Suite 2500
Philadelphia, PA 19103
Phone: 888-844-5862
e-mail: classaction@srk-law.com
Web site: http://www.srk-law.co
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Peter Chapman, Editors.
Copyright 2008. All rights reserved. ISSN 1525-2272.
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