CAR_Public/080718.mbx             C L A S S   A C T I O N   R E P O R T E R

             Friday, July 18, 2008, Vol. 10, No. 142
  
                            Headlines

AB&C GROUP: Ex-Workers to Appeal W.Va. Bankruptcy Court's Ruling
ANTIOCH POLICE: Sued for Harassing Section 8 African-Americans
AUTOPAWN: Faces Lawsuit in California Over Misrepresented Loans
BULLITT COUNTY: Reaches $800T Settlement in Strip-Search Suit
CAREER EDUCATION: Sept. 8 Settlement Approval Hearing Scheduled

CROCUS INVESTMENT: Underwriter Settles Suit Over 2004 Collapse
DENVER POLICE: Latino Officers Sue Over Discrimination Patterns
GOOGLE INC: Reaches Deal to Protect User's Privacy in N.Y. Suit
GRANGE MUTUAL: Dworken & Bernstein Disburses Unclaimed $14 Mln.
HOPKINS COUNTY: Reaches $3MM Settlement for Strip-Search Lawsuit

KB HOME: Faces California Suit Over Collusion with Countrywide
MARICOPA COUNTY: County and Sheriff Sued Over Racial Profiling
MONSTER WORLDWIDE: N.Y. Securities Lawsuit Granted Certification
NYMEX HOLDINGS: Delaware Court Expedites Court Proceedings
PARK WEST: Faces Customers' Suits Over Cruise Ship Art Auctions

SAAB AUTOMOBILES: Massachusetts Suit Says Engines Clog and Die
SCANA ENERGY: Will Pay $1.25MM to Settle Customer Pricing Suit
SEARS HOLDINGS: Court Says Judge Erred in Reviewing Settlement
SMITHKLINEBEECHAM: Fraudulently Abuses FDA Rules, Lawsuit Claims
T-MOBILE USA: Customers Commence Suit Over Text Message Service


                  New Securities Fraud Cases

FCSTONE GROUP: Bernard Gross Files Missouri Securities Lawsuit
FCSTONE GROUP: Roy Jacobs Files Missouri Securities Fraud Suit
FIDELITY ULTRA-SHORT: Holzer Fistel Files Mass. Securities Suit
FIFTH THIRD: Stull & Brody Files Ohio Securities Fraud Lawsuit
HEALTHWAYS INC: Holzer Fistel Files Tenn. Securities Fraud Suit

MRV COMMUNICATIONS: Milberg LLP Files California Securities Suit


                        Asbestos Alerts

ASBESTOS LITIGATION: District Court Retains Riley Action in Tex.
ASBESTOS LITIGATION: Chase Still Faces One Inactive Ohio Lawsuit
ASBESTOS LITIGATION: Appeal Court Flips Ruling to Favor Hiltons
ASBESTOS LITIGATION: 9 Iowa Cities Cleared in EPA's Air Sampling
ASBESTOS LITIGATION: Ecker Pleads Guilty to CAA Breach in Mont.

ASBESTOS LITIGATION: More Nahariya Locals Suffering from Cancer
ASBESTOS LITIGATION: Shoreham Roofer's Death Linked to Exposure
ASBESTOS LITIGATION: Aggarwal Fined on Botched Townhouse Cleanup
ASBESTOS LITIGATION: U.K. Inquest Has Case of Unexplained Cancer
ASBESTOS LITIGATION: CFMEU Members Walk Out Over Health Concerns

ASBESTOS LITIGATION: Asbestos Found in Boulder Apartment Complex
ASBESTOS LITIGATION: Construction Workers Seeking GBP1.4B Payout
ASBESTOS LITIGATION: Lichtenstien Suit Filed in Ill. on June 30
ASBESTOS LITIGATION: Waugh's Widow Sues 44 Firms in Texas Court
ASBESTOS LITIGATION: Ill. Locals Still Doubt Safety of Shoreline

ASBESTOS LITIGATION: Hanover School OKs Flagship Bid for Removal
ASBESTOS LITIGATION: Pollution Continues at South African Mines
ASBESTOS LITIGATION: Developers to Abate 'Settles Hotel' in Tex.
ASBESTOS LITIGATION: Insurers Say Education Key to Plaques Issue
ASBESTOS LITIGATION: EPA Lauded for Air Checks After Iowa Flood

ASBESTOS LITIGATION: Alert Sounded During Road Work in Canada
ASBESTOS LITIGATION: Appeals Court OKs Ruling in Celotex Lawsuit
ASBESTOS LITIGATION: Molloy Sets Grace Status Hearing to Oct. 1
ASBESTOS LITIGATION: Maple Pleads Guilty to Risky Church Cleanup
ASBESTOS LITIGATION: Hazard in Graig Exposed Locals for 3 Weeks

ASBESTOS LITIGATION: Victims Center Aims to Extend U.S. Services
ASBESTOS LITIGATION: Welding Site in Conn. Scheduled for Cleanup
ASBESTOS LITIGATION: UK Insurers Contest Plan on Pleural Plaques
ASBESTOS LITIGATION: Carlisle Housing Probe Launched on July 16
ASBESTOS LITIGATION: MoJ Plans Payout Scheme for Plaques Victims



                           *********


AB&C GROUP: Ex-Workers to Appeal W.Va. Bankruptcy Court's Ruling
----------------------------------------------------------------
Several former employees of AB&C Group, Inc., plan to challenge
a ruling that the company's bankruptcy prevents a judge from
immediately releasing funds for their final paychecks, The
Associated Press reports.

On July 2, 2008, Judge Patrick Flatley of the U.S. Bankruptcy
Court for the Northern District of West Virginia ruled that
bankruptcy laws prevent him from immediately releasing about
$345,000 to the laid-off workers.

Kathy M. Santa Barbara, Esq., an attorney for the former
workers, filed a notice of appeal on July 14 with the court,
according to the AP.  Ms. Santa Barbara is representing nearly
400 workers who had filed a class-action lawsuit in the Berkeley
County Circuit Court against AB&C Group back in March 2008.  The
suit seeks to recover three weeks of wages for the former
employees.

The AP recounts that the company closed its call centers in
Martinsburg and Ranson and filed for bankruptcy on April 4,
2008.

Ms. Santa Barbara told the AP that it could take four to six
months before a decision on the appeal is issued.

For more details, contact:

          Kathy M. Santa Barbara, Esq.
          Santa Barbara Law Offices, PLLC
          518 West Stephen Street
          Martinsburg, WV 25401-2628
          Phone: 304-264-0000
                 877- 653-7529
          Fax: 304-263-2527
          Web site: http://www.sblawoffice.com/


ANTIOCH POLICE: Sued for Harassing Section 8 African-Americans
--------------------------------------------------------------
The Antioch Police Department has been named in a federal class-
action lawsuit alleging that the department's Community Action
Team is targeting and harassing African-Americans living on
Section 8 in subsidized housing, San Jose Mercury News reports.

The suit was filed in the U.S. Federal Court in San Francisco by
the American Civil Liberties Union of Northern California and
three other Bay Area non-profit civil rights organizations.  The
class action suit was filed on behalf of five plaintiffs and
other African-American families on Section 8 in Antioch.

Brad Seligman, executive director of the Impact Fund, one of the
four civil rights groups filing the suit, told S.J. Mercury News
that there is "no question" that the department's CAT unit is
trying to drive black families on Section 8 out of Antioch.

"The police have a deliberate policy of coercion, intimidation
and threats that target these Section 8 families and their
landlords," Mr. Seligman said.  "The city's goal is to force
these families to move out of town."


AUTOPAWN: Faces Lawsuit in California Over Misrepresented Loans
---------------------------------------------------------------
Shahn Azar Mehr -- doing business as Autopawn -- and Atlantic
Financial Inc. are facing a class-action complaint before the
Superior Court in the State of California for the County of
Ventura over allegations that the companies defrauded people of
vehicles by misrepresenting loans that use the vehicles as
collateral, CourtHouse News Service reports.

This action is brought seeking to enjoin and remedy unfair,
unlawful and deceptive business practices.

Named plaintiff Barry Hermann alleges the defendants
systematically targeted him and other vulnerable California
consumers with severe financial difficulties who have no other
choice than to use their motor vehicles as collateral.  He
further alleges that defendants engage in a pattern of using its
unfair and deceptive scheme to acquire titles to hundreds of
consumers' vehicles at substantially less than their fair market
value with the option to rescind the agreement within 30 days
and no intent to deliver vehicle back to its original owner.

The plaintiff asks the court for:

     -- an award of actual damages according to proof;

     -- an award of rescission;

     -- an award of reasonable attorney's fees and costs;

     -- an award of pre-judgment interest;

     -- injunctive relief preventing continuance of the unlawful
        conduct;

     -- an award of such other and further relief as the court
        deems appropriate;

     -- an award of actual damages according to proof;

     -- an award of punitive damages;

     -- an award of statutory damages;

     -- a grant of restitution to plaintiff and all members of
        the general public who have been affected by the
        aforementioned business practices and issue such other
        orders as may be necessary to restore to any
        identifiable person in interest, any money or property,
        real or personal, which may have been acquired by
        defendants by means of such practices; and

     -- injunctive relief prohibiting defendant's unlawful,
        deceptive and fraudulent conduct.

The suit is "Barry Hermann, et al. v. Shahn Azar Mehr d/b/a
Autopawn et al., Case No. 56-2008-00322614-CU-FR-VTA," filed in
the Superior Court in the State of California for the County of
Ventura.

Representing plaintiff are:

          Juliana R. Makler, Esq.
          Terry L. Baker, Esq.
          Makler & Baker LLP
          226 E. Canon Perdido Street, Suite J
          Santa Barbara, CA 93101
          Phone: 805-965-4651
          Fax: 805-965-4671


BULLITT COUNTY: Reaches $800T Settlement in Strip-Search Suit
-------------------------------------------------------------
Officials of Bullitt County, Kentucky, settled a purported class
action over the practice of strip searching more than 1,000
people who were booked into jail on nonviolent offenses such as
theft and driving under the influence, the Associated Press
reports.

The suit, styled "Miracle v. Bullitt County, Kentucky et al.,
Case No. 3:05-cv-00130-JBC-JDM," generally alleged that people
were strip-searched upon entering the jail or just before
release.  The searches were done from at least March 2004
through 2008.  

According to court documents, the suit was filed on March 2,
2005, in the U.S. District Court for the Western District of
Kentucky.

Greg Belzley, Esq., an attorney who represented the plaintiffs
told the AP that state and federal laws ban "blanket strip
searches" of new inmates charged with crimes that do not involve
violence or drugs.  He pointed out that Bullitt County's
actions, "violated the clearly established law."

Under the settlement, Bullitt County has agreed to pay $800,000
to settle a three-year-old lawsuit for strip searches at its
jail in Shepherdsville.

The settlement, which is awaiting a final hearing and approval
from a federal judge, stipulates that class representatives will
receive a maximum of $30,000 while most claimants could receive
a maximum of $1,500.

The agreement also does not include a requirement that the jails
stop strip searching inmates, according to The Associated Press
report.

The suit is "Miracle v. Bullitt County, Kentucky et al., Case
No. 3:05-cv-00130-JBC-JDM," filed in the U.S. District Court for
the Western District of Kentucky, Judge Jennifer B. Coffman,
presiding.

Representing the plaintiffs is:

          Gregory A. Belzley, Esq. (gregory.belzley@dinslaw.com)
          Dinsmore & Shohl LLP
          500 W. Jefferson Street, Suite 1400
          Louisville, KY 40202
          Phone: 502-540-2329
          Fax: 502-585-2207

Representing the defendants is:

          Stacey A. Blankenship, Esq. (sblankenship@dklaw.com)
          Denton & Keuler, LLP
          555 Jefferson Street, P.O. Box 929
          Paducah, KY 42002-0929
          Phone: 270-443-8253
          Fax: 270-442-6000


CAREER EDUCATION: Sept. 8 Settlement Approval Hearing Scheduled
---------------------------------------------------------------
The United States District Court for the Northern District of
Illinois will hold an approval hearing on Sept. 8, 2008, at
10:00 a.m., to consider final approval of the $4,900,000
settlement in the consolidated class action lawsuit, "In re:
Career Education Corp. Securities Litigation, Case No. 1:03-cv-
08884."

The case, which was filed in the U.S. District Court for the
Northern District of Illinois, represents the consolidated case
of six purported class action complaints filed between Dec. 9,
2003, and Feb. 5, 2004, by and on behalf of certain purchasers
of the company's common stock, against the company; John M.
Larson, a former officer of CEC; and Patrick K. Pesch, a
current officer of the company.

The lawsuit alleged that, in violation of Section 10(b) of the
U.S. Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder, the defendants made certain material
misrepresentations and failed to disclose certain material facts
about the condition of the company's business and prospects
during the putative class period, causing the respective
plaintiffs to purchase shares of the company's common stock at
artificially inflated prices.

The plaintiffs further claimed that Messrs. Larson and Pesch
were liable as control persons under Section 20(a) of the
Exchange Act.

On March 29, 2007, the court granted the defendants' motion to
dismiss the suit for failure to state a claim and dismissed with
prejudice the plaintiffs' third amended consolidated complaint.

The plaintiffs appealed the District Court's dismissal of their
third amended consolidated complaint to the U.S. Court of
Appeals for the Seventh Circuit on April 24, 2007.

The parties have subsequently reached an agreement to settle the
plaintiffs' claims on appeal (Class Action Reporter, May 9,
2008).

Pursuant to an Order of the United States District Court for the
Northern District of Illinois, a hearing will take place on
September 18, 2008, at 10:00 a.m., before the Honorable Joan
Humphrey Lefkow for the purpose of determining whether:

     (1) the Court should approve the proposed Settlement of the
         above-captioned class action for the cash sum of
         $4,900,000 plus any interest that may accrue thereon as
         fair, reasonable, and adequate;

     (2) this Court should dismiss the Action with prejudice, as
         set forth in the Stipulation and Agreement of
         Settlement of Class Action, dated November 5, 2007, and
         approve releases of claims;

     (3) the Plan of Allocation is fair, reasonable, and
         adequate and therefore appropriate for approval; and

     (4) to approve the application of Plaintiff's Lead Counsel
         for payment of attorneys' fees and reimbursement of
         expenses incurred in connection with this action.

The deadline to file for exclusion and objection is on
August 28, 2008.  Deadline to file claim forms is on October 17,
2008.

The suit is "In re: Career Education Corp. Securities
Litigation, Case No. 1:03-cv-08884," filed in the U.S.
District Court for the Northern District of Illinois, Judge Joan
Humphrey Lefkow presiding.

Representing the company are:

         Karl Richard Barnickol, Esq.
         Mary Ellen Hennessy, Esq.
         Joni S. Jacobsen, Esq.
         David H. Kistenbroker, Esq.
         Katten Muchin Zavis Rosenman
         525 West Monroe Street, Suite 1600
         Chicago, Il 60661-3693
         Phone: 312-902-5200


CROCUS INVESTMENT: Underwriter Settles Suit Over 2004 Collapse
--------------------------------------------------------------
Wellington West Capital, the last defendant in a class-action
lawsuit over the failed Crocus Investment Fund, has agreed to an
out-of-court settlement, clearing the way for money to begin
flowing to fund investors, CBC News reports.

                        Case Background

About 34,000 shareholders invested more than $150 million in
Crocus Investment, the labor-sponsored venture capital fund that
collapsed in December 2004.  It stopped trading amid allegations
that its shares were not properly valued (Class Action Reporter,
Jan. 24, 2008).

The fund's securities were frozen in late 2004.  It went into
receivership in June 2005.  A 2005 report by the province's
Auditor-General alleged improper accounting and abuses of travel
and expense policies.

Soon after, the Crocus Investors Association filed the suit
after the fund that was created by the Manitoba government
failed.  

The case, filed with Court of Queen's Bench of Manitoba, named
as defendants the government of Manitoba, the Manitoba
Securities Commission, former auditors PricewaterhouseCoopers
LLP, and former investment bankers BMO Nesbitt Burns Inc.,
Wellington West Capital, Inc, Chubb Insurance Company of Canada.

                  Wellington West Settlement

According to CBC News, Wellington West, the fund's lead
underwriters, will pay $500,000 to receiver Deloitte Touche,
LLP.

Bernie Bellan, who heads the Crocus Investors Association, and
is one of the investors who spearheaded the lawsuit, told CBC
News that the receiver will now have about $73 million, and
investors should see at least $5 per share.

Mr. Bellan explains to CBC News, "The amount is less than we
might have hoped, but there are a number of factors that led us
to accept that.  One of the most important is that it now clears
the way for the receiver . . . to distribute a good chunk of
cash to Crocus shareholders without impediment."

The amount could increase to between $6 and $6.50, once the
receiver has liquidated 26 other Crocus investments, Mr. Bellan
told CBC News.

According to Mr. Bellan, the three-year fight over the money has
been long, and the amount shareholders will receive will be less
than he'd hoped, but it was still a battle worth waging.

Mr. Bellan, who hopes the money will begin to flow this fall,
told CBC News "Someone had to step forward on this count. Crocus
was getting away with all sorts of shenanigans. I called them on
that, they threatened to sue me and ever since then I've been
determined to see that the shareholders get their proper
desserts."


DENVER POLICE: Latino Officers Sue Over Discrimination Patterns
---------------------------------------------------------------
Sixteen current or former Latino officers are filing a class-
action lawsuit against the Denver Police Department alleging
long-time discrimination patterns, Ed Sealover writes for
Rocky Mountain News.

The lawsuit, announced on July 16 at a news conference by the
National Latino Peace Officers Association, claims that
minorities have not been promoted like whites, have been pushed
out of the training academy, and have been forced into a hostile
work environment.  

According to the suit, those who complain have had a fake bomb
placed in their desk, been called traitors and have found
themselves getting slower backup.

Sgt. Leonard Mares played the audio of a training tape from 1979
in which an officer yelled a series of racist, sexist and
homophobic statements at recruits, the report says.  Some of
those who were trained then are now in leadership at the force,
and the pattern of discrimination has become systemic, Sgt.
Mares said.

The lawsuit seeks unspecified monetary damages for unpaid
income, retroactive pay and unpaid severance, among other
things.  It also demands that the department eradicate its
"unlawful employment practices" and reinstate the plaintiffs to
jobs they would have held if not for the discrimination.


GOOGLE INC: Reaches Deal to Protect User's Privacy in N.Y. Suit
---------------------------------------------------------------
Google, Inc., and its YouTube subsidiary have reached a deal
that protects the privacy of millions of YouTube watchers during
evidence discovery in the purported class action, "The Football
Association Premier League Limited, et al. v. YouTube, Inc., et
al.," Reuters reports.

In July 2008, a federal judge in Manhattan ordered Google to
turn over YouTube user data to plaintiffs to help them to
prepare a confidential study of what they argue are vast piracy
violations on the video-sharing site.

Google said it had now agreed to provide lawyers the class-
action group led by the Football Association of England, a large
viewership database that blanks out YouTube username and
Internet address data that could be used to identify individual
video watchers.

                        Case Background

The suit was filed in the U.S. District Court for the Southern
District of New York on May 4, 2007.  It names as defendants:

     -- YouTube, Inc.;
  
     -- YouTube LLC; as well as

     -- YouTube's corporate parent, Google, Inc.

The Football Association Premier League Limited, the premier
league of English soccer, and independent music publisher Bourne
Co. (together with its affiliate Murbo Muis Publishing Inc.)
filed the purported class action to stop the alleged
unauthorized and uncompensated use of their creative and other
copyrighted works and those of all other similarly situated
copyright holders on the YouTube.com Web site (Class Action
Reporter, Jan. 8, 2008).

According to the complaint, "Defendants are pursuing a
deliberate strategy of engaging in, permitting, encouraging, and
facilitating massive copyright infringement on the YouTube
website" in order to build traffic to the site.

The complaint alleges that the YouTube defendants have long been
aware of this pattern of massive infringement yet purposefully
refrain from employing readily available measures to curb it
because the defendants understand that the popularity of
YouTube.com (and its value as a platform for other uses) derive
primarily from the ability of website visitors to access, view,
and otherwise exploit copyrighted materials without having to
pay the owners of those materials.

The complaint further alleges that it was this very business
model that persuaded defendant Google to pay $1.65 billion to
purchase YouTube in November 2006, and that Google has endorsed
and directed YouTube's infringing conduct since becoming its
corporate parent.

On Nov. 16, 2007, the Football Association Premier League and
Bourne Co. filed an amended class action complaint that includes
15 new named plaintiffs:

     -- Cherry Lane Music Publishing Co., Inc.,
     -- CAL IV Entertainment LLC,
     -- Robert Tur d/b/a Los Angeles News Service,
     -- National Music Publishers' Association,
     -- The Rodgers & Hammerstein Organization,
     -- State Three Music U.S., Inc.,
     -- Edward B. Marks Music Co.,
     -- Freddy Bienstock Music Co., d/b/a Bienstock Publishing
     -- Alley Music Corp.,
     -- X-ray Dog Music Inc.,
     -- Federation Francaise de Tennis,
     -- The Scottish Premier League Ltd.,
     -- The Music Force Media Group LLC,
     -- The Music Force LLC, and
     -- Sin-Drome Records Ltd.

Previously, Premier League and Bourne also announced that the
two law firms representing them in the proposed class action,
Proskauer Rose LLP, and Bernstein Litowitz Berger & Grossmann
LLP, have been appointed class counsel on an interim basis by
the Judge presiding over the case (Class Action Reporter,
Aug. 7, 2007).

The YouTube Class Action on the net:

              http://www.youtubeclassaction.com/

The suit is "The Football Association Premier League Limited, et
al. v. YouTube, Inc., et al.," filed in the U.S. District Court
for the Southern District of New York.

Representing the plaintiffs are:

          Louis M. Solomon, Esq.
          Proskauer Rose LLP
          1585 Broadway
          New York, NY 10036-8299
          Phone: 212-969-3000
          Fax: 212-969-2900
          Web site: http://www.proskauer.com/

               - and -

          Max W. Berger, Esq.
          1285 Avenue of the Americas
          New York, NY 10019
          Phone: 212-554-1400
          Fax: 212-554-1444
          Web site: http://www.blbglaw.com/


GRANGE MUTUAL: Dworken & Bernstein Disburses Unclaimed $14 Mln.
---------------------------------------------------------------
The Northeast Ohio law firm of Dworken & Bernstein will today
give away $14 million in uncollected money from a settlement of
a class-action lawsuit against Grange Mutual Insurance Co. to 34
Ohio charities at a historic luncheon, thanks to an obscure
legal doctrine known as cy pres.

Cy pres awards are funds leftover from class action lawsuit
settlements.  For a number of reasons, not all class members can
be located to receive settlement money.  Instead of that money
reverting back to the defendant, cy pres allows the funds are
directed to charitable organizations.

"The cy pres doctrine accomplishes enormous benefit," said
Patrick Perotti, Dworken & Bernstein partner who learned about
cy pres in law school.  He is spearheading a national campaign
to raise awareness of cy pres awards so they will become a
standard component of all class action settlements.

"There is very little awareness or use of cy pres," said Mr.
Perotti.  "We are among only a handful of firms in the country
employing this legal doctrine."

In the last year, Dworken & Bernstein has directed over
$1 million of cy pres monies to charities addressing hunger,
homelessness, disease prevention, education, drug and alcohol
treatment, and a host of other programs.

"The $14 million cy pres award is significant because it is the
largest cy pres of its kind in United States history," said
Perotti.  "This is just from one case and one law firm.  Imagine
if all plaintiff lawyers used cy pres. It would mean hundreds of
millions of dollars for charities."

According to Stephanie Ortbals-Tibbs, a spokeswoman for the
American Bar Association, there has not been a larger donation
of this kind.  "I am not aware of cy pres donation that exceeded
$14 million."

The multi-million dollar award is the money left over from a
class action suit against Grange Mutual Insurance, a Columbus,
Ohio insurance company.

Grange Mutual, a $1-billion insurance firm based in Columbus,
Ohio, was accused of overcharging auto policyholders for
uninsured-motorist coverage (Class Action Reporter, July 16,
2008).

The suit had alleged that policyholders in Ohio were billed
extra premiums for under- and uninsured motorist coverage.
During the course of the 2007 trial, Grange agreed to settle.
$30 million was awarded to the class members, but only $16
million was paid-out.  Because of the historic settlement, the
remainder will all go to charities.

Mr. Perotti stressed his admiration for defendant Grange in
agreeing to the cy pres provision.  "We applaud Grange for its
role in making this money available to these charities," he
said.

Dworken & Bernstein will present the award checks to charities
during a luncheon on July 18 at the Cleveland Renaissance Hotel
in downtown Cleveland.  More than 350 guests including state and
federal judges, charity representatives, lawyers, politicians,
and business, religious and civic leaders will witness this
historic event.

"This is going to be an extremely exciting and emotional event,"
said Mr. Perotti.  "These charities have no idea just how much
money they are getting."

The slow economy and a decrease in donations have forced many
charities to suspend programs or make significant cuts, often
affecting the most vulnerable in the community.

"Like many other organizations, we've been hit pretty hard by
the way the economy has been going," said Frank Canning, Interim
Executive Director of The Leukemia & Lymphoma Society.  "A lot
of our programs have not hit their budget, so we do have a
shortfall, and monies that we receive will go directly to our
programs for children and families affected by leukemia."
"We are thrilled that this cy pres will have an immediate and
life-changing impact on these charities and the people they
serve," said Mr. Perotti.

For more details, contact:

          Patrick J. Perotti, Esq.
          Dworken & Bernstein Co. L.P.A.
          Suite 200, 60 S. Park Place
          Painesville, OH 44077-3949
          Phone: 440-946-7656
                 440-352-3391
                 877-299-7708
          Fax: 440-352-3469
          Web site: http://www.dworken-bernstein.com/


HOPKINS COUNTY: Reaches $3MM Settlement for Strip-Search Lawsuit
----------------------------------------------------------------
Officials of Hopkins County, Kentucky, have agreed to pay
$3 million to settle a five-year-old case over strip searches at
its jail in Madisonville in western Kentucky, WFIE-TV reports.

The suit styled, "Sutton, et al. v. KY Hopkins County, et al.,
Case No. 4:03-cv-00003-JHM-ERG," claims that jail employees
strip searched more than 1,000 people who were booked on
nonviolent offenses such as theft and driving under the
influence.  The suit was filed on Jan. 9, 2003, with the U.S.
District Court for the Western District of Kentucky.

According to the Sept. 20, 2005 edition of the Class Action
Reporter, the suit in general alleges that people were strip-
searched upon entering the jail or just before release.  The
searches were done from at least January 2002 through December
2005, Brett Barrouquere writes for the Associated Press.

Greg Belzley, Esq., an attorney who represented the plaintiffs
told the AP that state and federal laws ban "blanket strip
searches" of new inmates charged with crimes that do not involve
violence or drugs.  He pointed out that Hopkins County's
actions, "violated the clearly established law."

The AP reports that under the settlement, which is awaiting a
final hearing and approval from a federal judge, Hopkins County
has agreed to pay $3 million to settle the case over the strip-
searching.  

The agreement also does not include a requirement that the jails
stop strip searching inmates, according to the AP.

Most claimants in the Hopkins County case could receive up to
$2,500, if they were examined both at booking and release.  The
AP relates that the initial plaintiffs will receive a maximum of
$35,000 from the settlement.

Officials of Hopkins County did not acknowledged any wrongdoing,
but instead, their attorneys called the settlements a legal
necessity to avoid more time and expense.

The suit is "Sutton, et al. v. KY Hopkins County, et al., Case
No. 4:03-cv-00003-JHM-ERG," filed in the U.S. District Court for
the Western District of Kentucky, Joseph H. McKinley, Jr.,
presiding.

Representing the plaintiffs is:

          Gregory A. Belzley, Esq. (gregory.belzley@dinslaw.com)
          Dinsmore & Shohl LLP
          500 W. Jefferson Street, Suite 1400
          Louisville, KY 40202
          Phone: 502-540-2329
          Fax: 502-585-2207

Representing the defendants is:

          Stacey A. Blankenship, Esq. (sblankenship@dklaw.com)
          Denton & Keuler, LLP
          555 Jefferson Street, P.O. Box 929
          Paducah, KY 42002-0929
          Phone: 270-443-8253
          Fax: 270-442-6000


KB HOME: Faces California Suit Over Collusion with Countrywide
--------------------------------------------------------------
KB Home and Countrywide Home Loans are facing a class-action
complaint before the U.S. District Court for the Northern
District of California over allegations that both companies
colluded to duck the law, CourtHouse News Service reports.

According to the report, both companies formed Countrywide KB
Home Loans to circumvent Section 8 prohibitions on collusion and
kickbacks.

Named plaintiff Hugo Zaldana seeks class-wide remedies for
systematic violations of the Real Estate Settlement Procedures
Act in connection with the sale of KB Home residences in
California.

For illegal kickbacks, KB referred customers to Countrywide and
its subsidiary, defendant Landsafe, for "predetermined
appraisals," the plaintiffs claim.

The plaintiff brings this action on behalf of all persons who
purchased KB homes in California in RESPA governed transactions,
including the majority sub-class representing such persons who
did so using the CKBHL financing agreement.

The plaintiff wants the court to rule on:

     (a) whether, under RESPA Section 8, the CKBHL arrangement
         is a "sham" ABA as that term is defined in RESPA
         regulations, and the closely related question of
         whether the benefits exchanged between KB and
         Countrywide under the CKBHL arrangement exceeded any
         legitimate ownership interests that may have been
         involved; and

     (b) whether, under RESPA Section 9, KB required its
         customers to purchase title insurance from FATCO.

The plaintiff asks the court for:

     -- an order certifying the plaintiff class, appointing
        named plaintiff as representative of the class, and
        appointing the law firm representing plaintiff as
        counsel for the class;

     -- treble damages for each violation of RESPA alleged;

     -- restitution of all money obtained by defendants through
        their unlawful or unfair practices under the UCL;

     -- imposition of a constructive trust upon all assets
        defendants have acquired from the class as a result of
        these unlawful late fees (Civil Code Section 2224);

     -- the issuance of injunctive orders enjoining and/or
        restricting defendants operations as may be necessary to
        obtain compliance with RESPA and the UCL;

     -- payment of costs of suit incurred;

     -- pre- and post-judgment interest on amounts awarded;

     -- attorneys' fees, costs and expenses pursuant to Code of
        Civil Procedure Section 1021.5, RESPA Section 8, and any
        other applicable authority; and

     -- for such other and further relief as the court may deem
        proper.

The suit is "Hugo Zaldana, et al. v. KB Home, et al., Case No.
CV 08 3399," filed in the U.S. District Court for the Northern
District of California.

Representing the plaintiff are:

          Alan R. Brayton, Esq. (abrayton@braytonlaw.com)
          Peter B. Fredman, Esq. (pfredman@braytonlaw.com)
          Charlotte E. Scott, Esq. (cscott@braytonlaw.com)
          Brayton Purcell LLP
          222 Rush Landing Road
          Novato, CA 94948-6169
          Phone: 415-898-1555
          Fax: 415-898-1247


MARICOPA COUNTY: County and Sheriff Sued Over Racial Profiling
--------------------------------------------------------------
Five individuals and Somos America, a Latino community-based
coalition, sued Maricopa County Sheriff Joe Arpaio, the Maricopa
County Sheriffs Office and Maricopa County, charging that they
or their members were unlawfully stopped and mistreated by law
enforcement because they are Latinos.

The class action lawsuit, which builds upon a complaint filed in
December 2007, is before the U.S. District Court in Arizona.
An amended complaint was filed by the American Civil Liberties
Union, the ACLU of Arizona, the Mexican American Legal Defense
and Educational Fund, and lead counsel Steptoe & Johnson LLP.

The lawsuit charges that the policies and practices of Mr.
Arpaio and the county are discriminatory and unlawfully violate
the Fourth and Fourteenth Amendments to the U.S. Constitution,
Title VI of the Civil Rights Act of 1964 and the Arizona
Constitution.

"In this country we value fairness and equality.  There's
nothing fair or equal about armed deputies pulling people over
and treating them differently because of the color of their
skin," said ACLU of Arizona Legal Director Dan Pochoda.  
"Sheriff Arpaio does not have the right to profile people
because they look Latino regardless of their immigration status.
His job is to uphold the law, not violate people's rights."

Sheriff Arpaio has made no secret that he believes physical
appearance alone is sufficient reason to stop and question
individuals regarding their immigration status.  The sheriff has
also touted the fact that he has directed his deputies to target
people they perceive as immigrants in so-called "crime
suppression sweeps" in Latino neighborhoods and areas where
Latinos work as day laborers.

MCSO's rampant racial profiling has created a culture of fear in
Maricopa County.  Latinos in the community have good reason to
worry that a trip to the grocery store or to work will end with
interrogation by armed officers on the roadside and possible
incarceration at the county jail.

One plaintiff in the coalition's lawsuit, Manuel Nieto, Jr., a
U.S. citizen, was unlawfully stopped and detained in front of
his family's auto repair shop after police heard him listening
to music in Spanish.

"It was very humiliating to be handcuffed in front of my
family's business, in front of customers and neighbors," said
Nieto.  "It's not a crime to be Latino or listen to a Spanish-
language radio station but you wouldn't know that by the way
Sheriff Joe and his posse treat people."

David J. Bodney, Esq., an attorney with Steptoe & Johnson LLP,
said, "At the sheriff's hand, an atmosphere of fear and
hostility has swept across the valley.  It takes courage and
commitment for these individual plaintiffs to come forward in
the name of equal justice under law to stop this discriminatory
treatment for everyone who lives here."

Maricopa County residents and local officials alike have
complained that the conduct of the sheriff and his office go
well beyond the scope of the MCSO's legal authority and far too
often results in the harassment of Latinos.  Many complain that
the sheriff's obsession with enforcing federal immigration law
has come at the expense of his office pursuing serious criminal
matters.

Phoenix Mayor Phil Gordon has denounced Sheriff Arpaio and in
April, after the MCSO engaged in sweeps in the town of
Guadalupe, Mr. Gordon formally requested that U.S. Attorney
General Michael Mukasey launch a Justice Department
investigation into Sheriff Arpaio's and the MCSO's
"discriminatory harassment, improper stops, searches and
arrests" of Latino persons in Maricopa County.  Mr. Gordon has
also publicly stated that the sweeps are interfering with the
work of undercover city police officers and federal agents.

"Police should not be in the business of acting as immigration
agents; everyone's safety is jeopardized when they do," said
MALDEF staff attorney Kristina Campbell, Esq.  "In Maricopa
County, as in other parts of the country, when local police try
to take on the job of being immigration officers, immigrants and
their family members often get the message that they should fear
coming forward if they are the victim or witness of a crime."

Increased attempts by local police to involve themselves in
federal immigration law enforcement have been accompanied by a
troubling rise in complaints of racial profiling across the
nation.

"As charges of discrimination have mounted, Sheriff Arpaio has
only dug in his heels, and the federal government has thus far
done nothing to rein him in," said Robin Goldfaden, Esq., senior
staff attorney with the ACLU Immigrants' Rights Project.
"Unfortunately, court intervention is necessary for the
Constitution to be upheld."

The suit is "Ortega Melendres, et al. v. Arpaio, et al.," filed
in the U.S. District Court in Arizona.


MONSTER WORLDWIDE: N.Y. Securities Lawsuit Granted Certification
----------------------------------------------------------------
Judge Jed Rakoff of U.S. District Court for the Southern
District of New York granted class-action status to a securities
fraud lawsuit filed against Monster Worldwide, Inc., Reuters
reports.

The putative securities shareholder class action suit was filed
on or about March 15, 2007, by Middlesex County Retirement
System in Massachusetts and the pension fund of the Steamship
Trade Association-International Longshoreman's Association
against Monster Worldwide and certain former employees before
the U.S. District Court for the Southern District of New York.  
The suit was designated as "In re Monster Worldwide Securities
Litigation, 07 Civ. 2237 (S.D.N.Y.) (JSR)."

The suit seeks an indeterminate amount of damages on behalf of
all persons or entities, other than the defendants, who
purchased or acquired the securities of the company from May 6,
2005, until June 9, 2006.

On July 9, 2007, the plaintiffs amended their complaint in the
securities class action asserting claims against the company,
Andrew McKelvey, and Myron Olesnyckyj based on an alleged
violation of Section 10(b) the Exchange Act and against the
individual defendants based on an alleged violation of Section
20(a) of the Exchange Act.  

The company answered the amended complaint on Sept. 11, 2007
(Class Action Reporter, Feb. 26, 2008).

Earlier, Judge Rakoff ruled that the proposed class consists of
thousands of potential members and that many lacked the
resources to litigate their claims against the defendants
individually.  The judge found "the class action is the superior
method of adjudication."

The Middlesex group was approved to represent the class,
although the STA-ILA was not.

Monster spokesman Steve Sylven told Reuters the company does not
comment on pending litigation.

The suit is "In Re: Monster Worldwide, Inc. Securities
Litigation, Case No. 07-CV-02237," filed in the U.S. District
Court for the Southern District of New York, Judge Jed S. Rakoff
presiding.

Representing the plaintiffs are:

          Labaton Sucharow & Rudoff LLP
          100 Park Avenue, 12th Floor
          New York, NY, 10017
          Phone: 212-907-0700
          Fax: 212-818-0477
          e-mail: info@labaton.com

               - and -

          Goldman, Scarlato & Karon. P.C.
          101 West Elm Street, Suite 360
          Conshohocken, PA 19428
          Phone: 484-342-0700
                 888-668-4130
          Fax: 484-342-0701
          e-mail: info@gsk-law.com

Representing the defendants are:

          Andrew J. Levander, Esq. (andrew.levander@dechert.com)
          Dechert LLP
          P.O. Box 5218
          Princeton, NJ 08540
          Phone: 212-698-3500
          Fax: 212-698-3500

               - and -

          Arunabha Bhoumik, Esq. (ABhoumik@manatt.com)
          Manatt, Phelps & Phillips, LLP
          7 Times Square
          New York, NY 10019
          Phone: 212-790-4554
          Fax: 212-536-1861


NYMEX HOLDINGS: Delaware Court Expedites Court Proceedings
----------------------------------------------------------
Cataldo J. Capozza, an original member and shareholder of NYMEX
Holding, Inc., who filed a class action lawsuit on March 17,
2008, in the Delaware Chancery Court on behalf of all NYMEX
shareholders, disclosed that the Delaware Chancery Court has
granted expedited discovery in anticipation of a motion to
enjoin the proposed sale of NYMEX to CME Holdings, Inc.

Mr. Capozza is seeking a substantial improvement to the terms of
the proposed sale.

"Given the record volume on the Exchange in recent quarters,
NYMEX should be trading at or near its all-time high.  However,
our shares are being weighed down by the sharp decline in the
price for CME stock," Mr. Capozza said.  "If we don't get an
improved deal from CME, I don't see any way that Chairman
Richard Schaeffer and Chief Executive Officer James Newsome can
remain in office," he added.

                         Case Background
                         
On March 17, 2008, Wolf Haldenstein Adler Freeman & Herz LLP
filed a class action suit in the Court of Chancery of the State
of Delaware on behalf of shareholders of NYMEX Holdings, against
NYMEX, Richard Schaeffer, certain other directors and officers
of the company, and CME Group for breach of fiduciary duties in
connection with the proposed sale of NYMEX to CME (Class Action
Reporter, March 19, 2008).

The complaint alleges that the director-defendants, aided and
abetted by NYMEX and CME, breached their fiduciary duties to
Mr. Capozza -- an original member and shareholder -- and the
other NYMEX shareholders by agreeing to sell NYMEX to CME for
grossly inadequate consideration.

The complaint also alleges that the proposed acquisition was
negotiated through a process that was fundamentally flawed.

The suit is "Capozza v. NYMEX Holdings, Inc., et al.," filed
before the Court of Chancery of the State of Delaware.

Representing the plaintiff are:

          Mark C. Rifkin, Esq. (rifkin@whafh.com)
          Rachel Poplock, Esq. (poplock@whafh.com)
          Wolf Haldenstein
          270 Madison Avenue
          New York, NY 10016
          Phone: 212-545-4600


PARK WEST: Faces Customers' Suits Over Cruise Ship Art Auctions
---------------------------------------------------------------
Customers dissatisfied with their purchases in cruise ship art
auctions are filing lawsuits against auctioneer Park West
Gallery, claiming that the value of the artwork was
misrepresented, Debra Cassens Weiss write for ABA Journal.

ABA Journal, citing the New York Times, says that the class
action lawsuits filed by customers who live in Florida and
California against the Southfield, Michigan-based Park West are
seeking damages for unfair trade practices, breach of contract
and unjust enrichment.

The plaintiffs contend that Park West invoices issued on the
ship say the appraised value of the art is "the price a client
would have to pay to replace the work through a reputable retail
art gallery."  But when customers get the appraisals along with
their artwork they are told the appraised value is the "current
Park West Gallery retail replacement price," which is likely a
higher figure.

According to ABA Journal, other unhappy customers told the Times
that Park West auctioneers said art work was worth much more
than their purchase price.  One couple from suburban Chicago
shared that they were told their art was worth 20% more and
would go up in value by about 20% a year.  They paid nearly
$20,000 for three Dali prints, but later obtained an appraisal
that said one of them was worth $1,000 or less.  After a Times
reporter contacted Park West, the couple was told a refund was
on its way.

Park West lawyer Robert Burlington, Esq., of Miami, told the
Times that a New Jersey lawsuit was denied class action
certification, in part because the auctions took place at sea.
He said the new lawsuits may never get class action status
either.

Park West founder Albert Scaglione told the Times the lawsuits
are groundless and he stands by the company appraisals.  Any
auctioneer that makes promises "would be an auctioneer with us
no longer," he said.


SAAB AUTOMOBILES: Massachusetts Suit Says Engines Clog and Die
--------------------------------------------------------------
Saab Automobile AB, Saab Cars USA Inc., and General Motors Corp.
are facing a class-action complaint before the U.S. District
Court for the District of Massachusetts over claims that Saab
engines clog and die, CourtHouse News Service reports.

The suit asserts that Saab's four-cylinder multi-valve
turbocharged engines fail and suffer "total destruction" from
engine oil sludge, and that Saab won't honor its warranty.

The complaint involves Saab 9-5 vehicles from 1999 through 2003,
Saab 9-3s from 1999-2002, and Saab 9-3 convertibles from 1999-
2003.

Named plaintiff Susan B. Angell brings the class action pursuant
to Fed. R. Civ. P. 23(b)(1), 23(b)(2) and 23(b)(3) on behalf of:

     1) all owners, former owners, lessees and former lessees of
        class vehicles whether individuals or business entities
        sustaining monetary loss incurred from repairing and
        replacing the class engine; and

     2) all owners, former owners, lessees and former lessees of
        class vehicles whether individuals or business entities
        sustaining monetary loss incurred by diminution of class
        vehicle resale value, increased vehicle operating costs
        caused by Saab’s "special policy coverage" and decreased
        engine performance resulting from engine oil sludge.

The class contends that the oil sludge destroys engines, and
damages them severely.  The plaintiff claims Saab "concealed and
continue to conceal evidence of and manifestations of engine oil
sludge until the original and extended warranty periods expire."
She also claims Saab "imposed unreasonable and unconscionable
levels of maintenance documentation for warranty repair".

The plaintiff wants the court to rule on:

     (a) whether class engines are defectively designed and
         manufactured so as to predispose the engine to the
         accumulation of oil sludge;

     (b) whether class engines sustained damage directly or
         indirectly by accumulation of oil sludge;

     (c) whether class vehicles were sold with incorrect oil and
         Owner's Manuals incorporating incorrect engine oil
         specifications and oil change intervals;

     (d) whether the defendants breached their implied
         warranties in that class vehicles were defective with
         respect to engine design and manufacture;

     (e) whether the defendants breached their implied
         warranties in that class vehicles were accompanied by
         Owner's Manuals incorporating incorrect engine oil
         specifications and oil change intervals;

     (f) whether the defendants breached their express
         warranties in that class vehicles were defective with
         respect to engine design and manufacture;

     (g) whether the defendants breached their express
         warranties in that class vehicles were accompanied by
         Owner's Manuals incorporating incorrect engine oil
         specifications and oil change intervals;

     (h) whether the defendants intentionally or negligently
         misrepresented material facts concerning the
         characteristics of class vehicles;

     (i) whether the defendants committed unfair and deceptive
         business trade act practices;

     (j) whether the defendants were unjustly enriched by their
         warranty breaches, misrepresentations and deceptive
         business practices;

     (k) whether proposed class members are entitled to monetary
         damages and injunctive relief; and

     (l) whether the court should establish a constructive trust
         funded by the benefits conferred upon the defendants by
         their wrongful and unlawful conduct.

Ms. Angell and proposed class members request:

     -- a class certification order pursuant to Fed. R. Civ. P.
        23(c) designating as class members those entities
        defined in Section 32 with any modifications to the
        class or sub-classes as required for the efficient and
        equitable administration of justice in this proceeding;

     -- an Order appointing Ms. Angell as representative of the
        class and designating Thomas P. Sobran as counsel for
        the class pursuant to Fed. R. Civ. P. 23(g);

     -- judgment for Ms. Angell and class members against the
        defendants on all issues and counts;

     -- damages for Ms.Angell and class members including but
        not limited to multiple damages together with
        prejudgment interest, costs and attorneys' fees;

     -- injunctive relief compelling the defendants to perform
        the following procedures without monetary charge to all
        class vehicles:

        (1) Inspect the engine's oil pump and oil pump pickup
            screen for obstructions and wear and replace as
            necessary;

        (2) Inspect and replace as necessary the engine
            crankshaft, cam and balance shafts, chains, chain
            tensioner systems and all bearings and bearing
            surfaces;

        (3) Clean the engine interior to remove oil sludge and
            other deposits; and

        (4) Inspect and replace where necessary the engine turbo
            charger and feed and return lines, oil cooler, oil
            filter holder, catalytic converter, crankcase
            ventilation components and related vacuum components
            for obstructions and wear and replace as necessary.

     -- restitution for all engine repairs incurred by Ms.  
        Angell and class members resulting from the defectively
        designed and manufactured class engines and incorrect
        engine oil specifications and oil change intervals as
        set forth in the class vehicles' owner's manuals;

     -- restitution for all increased past, present and future
        maintenance costs incurred by the Ms. Angell and
        proposed class members resulting from the defendants'
        mid 2005 revised class vehicles' engine oil
        specifications and oil change intervals;

     -- disgorgement of the defendants' revenue from their
        wrongful and unlawful conduct and the establishment of a
        constructive trust funded by the benefits conferred upon
        the defendants by their conduct.  Ms. Angell and class
        members should be designated beneficiaries of the trust
        and obtain restitution for their out of pocket expenses
        caused by the defendants' conduct;

     -- a permanent injunction enjoining the defendants from
        denying Ms. Angell's and class members' class vehicle
        oil sludge damage claims for an eight year period
        commencing from the initial date of sale or lease
        regardless whether complete maintenance records are
        available; and

     -- any other relief deemed necessary by the court.

The suit is "Susan B. Angell, et al. v. Saab Automobile AB et
al., Case No. 1:08-cv-11201," filed in the U.S. District Court
for the District of Massachusetts.

Representing the plaintiff is:

          Thomas P.Sobran, Esq.
          Thomas P. Sobran, P.C.
          7 Evergreen Lane
          Hingham, MA 02043
          Phone: 781-741-6075


SCANA ENERGY: Will Pay $1.25MM to Settle Customer Pricing Suit
--------------------------------------------------------------
The Georgia Public Service Commission on approved a plan for
SCANA Energy to pay $1.25 million to resolve a customer pricing
dispute, Atlanta Business Chronicle reports.

The report says that affected SCANA customers up to the first
50,000 will receive a $25 credit if they switched to another
SCANA plan between March 1, 2007, and Oct. 31, 2008.  The total
amount of credits will be capped at $1.25 million.  If more than
50,000 customers sign up, the credits will be prorated.

According to Atlanta Business, the settlement follows a ruling
by a federal district court that dismissed a class-action
lawsuit against SCANA on the basis that the company had violated
no pricing rules of the Georgia PSC.

"We are pleased that the Georgia Public Service Commission has
agreed to resolve this dispute," said George Devlin, vice
president and general manager of SCANA Energy, told Atlanta
Business.  "As we have consistently maintained and a federal
judge [] confirmed, SCANA Energy has fully reported all of its
prices.  We would not take any action that would undermine the
relationship and confidence consumers place with us.  To do so
would fall outside the bounds of who we are as a company."

The PSC staff began an investigation of SCANA after some of its
customers claimed they were hit with charges more than others
for SCANA's standard variable-rate plan, the report says.


SEARS HOLDINGS: Court Says Judge Erred in Reviewing Settlement
--------------------------------------------------------------
The North Carolina Court of Appeals has ruled that Judge Ben F.
Tennille, Chief Special Superior Court Judge for Complex
Business Cases, stepped over the line in 2007 when he harshly
criticized the settlement of a national class-action lawsuit
against Sears Holdings Corp., Joseph Neff writes for News &
Observer.

In May 2007, Judge Tennille denounced the settlement in which a
lawyer and his colleagues received $950,000 in fees while
consumers overcharged by Sears across the country were
reimbursed a total of $2,402.

The judge ruled that the class-action lawyers had made an
inadequate effort to reach customers overcharged for wheel
alignments at Sears automotive centers, which resulted in the
lawsuit produced 317 valid claims nationwide out of an estimated
1.5 million claims, the report says.

News & Observer recounts that in 2002, Gary K. Shipman, Esq.,
filed one lawsuit in Wilmington, North Carolina, and another
lawsuit in Chicago, Illinois, where Sears has its headquarters.  
These lawsuits alleged that Sears charged clients for pricier
four-wheel alignments on cars which can only be serviced with
less expensive two-wheel alignments.

Although the inflated charge is a few dollars for each customer,
Sears stood to make millions of dollars from the alleged scheme,
given the retailer's nationwide presence, the report notes.

Mr. Shipman said his lawsuit was inspired by one filed in New
Jersey.  In that case, the New Jersey attorney general combed
through Sears records and identified 12,544 New Jersey residents
who had paid too much for alignments.  Sears agreed to give $10
cash to each person and to give $500,000 to the Attorney
General's Office for consumer protection and expenses.

Mr. Shipman and Sears settled the Illinois lawsuit in 2005
following a lengthy mediation and several court hearings before
an Illinois judge.

On July 15, 2008, the N.C. Court of Appeals ruled that Judge
Tennille erred by undertaking a broad review of the Illinois
case, a job that belonged to the appellate courts of Illinois.

Judge Linda McGee of the N.C. Court of Appeals wrote that she
and her colleagues shared Judge Tennille's concerns about the
final accounting in the national class actions case.  However,
Judge McGee pointed out that Judge Tennille had no business
conducting a broad review of a settlement that had already been
considered by an Illinois circuit court in 2004.

Judge McGee also pointed out that the U.S. Constitution requires
judges to give "full faith and credit" to court decisions from
other states.

According to the report, the ruling in effect protected the
settlement, and left it virtually unchanged.


SMITHKLINEBEECHAM: Fraudulently Abuses FDA Rules, Lawsuit Claims
----------------------------------------------------------------
SmithKlineBeecham Corp. -- d/b/a Glaxosmithkline PLC -- is
facing a class-action complaint before the U.S. District Court
for the Eastern District of Pennsylvania over allegations that
it fraudulently abused FDA rules to keep generic forms of
Flonase (fluticasone propionate) off the market, maintaining its
monopoly and squeezing consumers for the $1 billion allergy
drug, CourtHouse News Service reports.

The plaintiff brings this nationwide class action on behalf of
itself and a proposed class of indirect purchasers, other than
for retail sale, of the prescription drug Flonase and its
generic equivalent, fluticasone propionate.

The plaintiff alleges that GSK unlawfully abused the citizen
petition process contained in Section 505(j) of the Federal
Food, Drug and Cosmetic Act, and thereby fraudulently delayed
the introduction of generic -- and thus cheaper -- versions of
Flonase into the United States market, causing injury to the
class.

As a result of its anticompetitive conduct and illegal scheme to
keep generic versions of Flonase off the market, and in
violation of Section 2 of the Sherman Act, GSK:

     (1) illegally maintained monopoly power in the market for
         fluticasone propionate in the United States for at lest
         20 months and sold approximately $1 billion of Flonase
         during that time;

     (2) maintained the price of Floonase at supra-competitive
         levels; and

     (3) overcharged plaintiff and the class of the proposed
         class of indirect purchasers of fluticasone propionate
         millions of dollars by depriving them of the benefits
         of unrestricted competition and access to cheaper
         generic versions of fluticasone propionate.

The plaintiff brings this action under Fed. R. Civ. P 23(a),
(b)(2) and (b)(3), on behalf of all persons or entities in the
United States and its territories who purchased and paid for
Flonase nasal spray indirectly from GSK (or any of its
predecessors or affiliates), for purposes other than for resale,
at any time from May 19, 2004, until the anticompetitive effects
of defendants' conduct ceased.

The plaintiff wants the court to rule on:

     (a) whether GSK delayed or prevented generic manufacturers
         from coming to market in the United States;

     (b) whether the petitioning to the FDA by GSK was
         objectively baseless;

     (c) whether GSK maintained its monopoly power by improperly
         delaying generic entry through, inter alia, the filing
         of sham citizen petitions with the FDA;

     (d) whether direct proof GSK's monopoly power is available,
         and if available, whether it is sufficient to prove
         GSK's monopoly power without the need to also define a
         relevant market;

     (e) the the extent a relevant market or markets must be
         defined, what that definition is;

     (f) whether the activities of GSK as alleged have
         substantially affected interstate commerce; and

     (g) whether, and to what extent, GSK's conduct caused
         antitrust injury to the business or property of
         plaintiff and the members of the class, and if so, the
         appropriate measure of damages.

The plaintiff asks the court to enter an order:

     -- certifying the class pursuant to Federal Rules of Civil
        Procedure, certifying him as the representative
        of the class, and designating his counsel as counsel
        for the class;

     -- declaring the defendants' conduct to be in violation of
        Section 2 of the Sherman Act;

     -- declaring the defendants' conduct to be in violation of
        the antitrust and deceptive practice statutes in the
        indirect purchaser states;

     -- granting plaintiff and the class equitable relief in the
        nature of disgorgement, restitution, and the creation of
        a construction trust to remedy defendant's unjust  
        enrichment;

     -- granting plaintiff and the class damages as permitted by
        law;

     -- granting plaintiff the right of disgorgement;

     -- granting plaintiff and the class their costs of
        prosecuting this action, together with interest and
        reasonable attorneys' fees, experts' fees and costs; and

     -- granting such other relief as the court may deem just
        and proper.

The suit is "IBEW-NECA Local 505 Health & Welfare Plan et al v.
SmithKlineBeecham Corp. d/b/a Glaxosmithkline PLC, Case No.
08CV3301," filed in the U.S. District Court for the Eastern
District of Pennsylvania.

Representing the plaintiff are:

          Anthony J. Bolognese, Esq.
          Joshua H. Grabar, Esq.
          Bolognese & Associates
          Two Penn Center, 1500 JFK Boulevard, Suite 320
          Philadelphia, PA 19102
          Phone: 215-814-6750
          Fax: 215-814-6764


T-MOBILE USA: Customers Commence Suit Over Text Message Service
---------------------------------------------------------------
A recently filed class-action lawsuit alleges T-Mobile USA Inc.
forces subscribers to use text message-enabled handsets and then
charges them for unsolicited content, Jeffrey Silva writes for
RCRNews.com.  The plaintiffs assert that these are business
practices not adequately disclosed to customers.

The complaint, filed in federal court in Seattle, also claimns
that T-Mobile refuses to allow its customers to disable the text
message service or block incoming text traffic in order to avoid
charges.

The report notes that a group of law firms representing
plaintiffs in New Jersey, Tennessee, New Hampshire and Nevada
are the same ones pursuing a similar class-action lawsuit
against Bellevue, Wash.-based T-Mobile that is pending in the
U.S. District Court for the Western District of Washington.
While similar, the lawsuits cover different groups of
plaintiffs.

However, T-Mobile USA does now offer a text-blocking feature,
RCRNews relates.  

According to RCRNews, T-Mobile, the smallest of the four
national cellular carriers, was not immediately available for
comment.  

The report relates that other leading mobile phone operators
have been slapped with class action lawsuits over content
charges on consumers' monthly bills.


                  New Securities Fraud Cases

FCSTONE GROUP: Bernard Gross Files Missouri Securities Lawsuit
--------------------------------------------------------------
Law Offices Bernard M. Gross, P.C., has commenced a class action
lawsuit in the United States District Court, Western District of
Missouri, on behalf of purchasers of the common stock of FCStone
Group, Inc., between April 10, 2008, and July 9, 2008,
inclusive, pursuing remedies under the federal securities laws.

The complaint charges that during the Class Period, defendants
misrepresented material facts concerning the purchase of a hedge
contract, "the LIBOR Hedge," purportedly aimed at decreasing the
Company's exposure to declining interest rates.

However, the LIBOR Hedge did not truly hedge against declines in
interest rates, but rather, represented an attempt to inflate
FCStone's earnings by gambling on the spread between U.S. and
U.K. interest rates.  The right "bet" would result in large
profits, while the wrong "bet" would result in serious losses.

Investors and securities analysts were not only unaware of this
gamesmanship, but also were affirmatively led to believe by
defendants that the LIBOR Hedge was a mundane instrument which
merely tracked interest rates, and protected the Company in the
current low-interest environment.  Analysts questioned the hedge
on the Company's April 10, 2008 conference call.  Unbeknownst to
shareholders, by May 31, 2008, FCStone had "closed out" the
LIBOR Hedge, wiping out FCStone's $650,000 first quarter gain
and $4.4 million second quarter gain and had incurred a loss on
this close out of $3.1 million in the third quarter.  Between
April 10, 2008, and July 9, 2008, defendants were completely
silent about the LIBOR Hedge.

On July 10, 2008, FCStone shocked the market by announcing
earnings per share of 28 cents versus the expected 47 cents.
Much of the deviation was due to the decline and sale of the
LIBOR Hedge, and the concomitant losses on that hedge.  This
revelation was so at odds with what investors had been led to
believe that the resultant stock drop of $12.26 on July 10,
2008, eradicated $330 million in Company and shareholder value
in one day.

The plaintiff seeks to recover damages on behalf of all those
who purchased FCStone common stock between April 10, 2008, and
July 9, 2008.

Interested parties may move the court no later than Sept.  15,
2008, for lead plaintiff appointment.

For more information, contact:

          Susan R. Gross, Esq. (susang@bernardmgross.com)
          Deborah R. Gross, Esq. (debbie@bernardmgross.com)
          Law Offices Bernard M. Gross, P.C.
          John Wanamaker Building, Suite 450
          Philadelphia, PA 19107
          Phone: 866-561-3600
                 215-561-3600
          Web site: http://www.bernardmgross.com


FCSTONE GROUP: Roy Jacobs Files Missouri Securities Fraud Suit
--------------------------------------------------------------
Roy Jacobs & Associates has filed a class action lawsuit
alleging violations of the federal securities laws on behalf of
purchasers of FCStone Group Inc. securities during the period
from April 10, 2008, through July 9, 2008.

The defendants include the Company and members of senior
management.

The suit is pending in the United States District Court for the
Western District of Missouri.

As set forth in the Complaint the Company entered into an
important hedge transaction, which, for the first two quarters
of fiscal 2008, generated net income to the Company of
approximately $5 million.  Most of this income was generated in
the second quarter ended February 29, 2008.  In a conference
call on April 10, 2008, the Company concealed the true nature of
the Hedge, by failing to reveal that should there develop a
significant spread between the U.S.-based Fed Funds interest
rate and the London Inter-Bank Rate, the Hedge would decline in
notional value.  Based on what the market was told, the
investing public viewed the hedge as simply one to protect the
Company from falling interest rates, and not one which was
crucially dependent upon the spread between the Fed Funds Rate
and LIBOR not widening.

However, in the third quarter of 2008 a significant spread arose
between the Fed Funds Rate and LIBOR.  As a result, the Hedge
was declining so swiftly in notional value that the Company sold
the Hedge, which sale wiped out any Hedge based gains for the
first two quarters of fiscal 2008.

On July 10, 2008, FCStone shocked the market by announcing third
quarter earnings per share of 28 cents versus the expected 47
cents.  Much of the deviation was due to the decline and sale of
the Hedge.  In addition, the Company announced previously
unmentioned and significant bad debt expenses due to volatility
in the cotton markets which had occurred in March.  Nothing was
said about this volatility and its adverse effects on the
April 10, 2008 conference call.  Upon revelation of this adverse
news FCStone shares dropped over 41% wiping out over $300
million in shareholder value.

Interested parties may move the court no later than Sept. 15,
2008, for lead plaintiff appointment.

For more information, contact:

          Roy L. Jacobs, Esq. (rjacobs@jacobsclasslaw.com)
          Roy Jacobs & Associates
          60 East 42nd Street, 46th Floor
          New York, NY 10165
          Toll Free: 1-888-884-4490
          Web site: http://www.jacobsclasslaw.com/


FIDELITY ULTRA-SHORT: Holzer Fistel Files Mass. Securities Suit
---------------------------------------------------------------
Holzer Holzer & Fistel, LLC, has filed a class action lawsuit in
the United States District Court for the District of
Massachusetts on behalf of purchasers of the Fidelity Ultra-
Short Bond Fund who purchased the Fund between June 6, 2005, and
June 5, 2008.

The complaint charges Fidelity Management & Research Company,
among others, with violations of the Securities Act of 1933.

Interested parties may move the court no later than August 4,
2008, for lead plaintiff appointment.

For more information, contact:

          Michael I. Fistel, Jr.
          Holzer & Holzer, LLC
          1117 Perimeter Center West, Suite E-107
          Atlanta, GA 30338
          Phone: 770-392-0090
          Fax: 770-392-0029
          Toll-Free: 888- 508-6832


FIFTH THIRD: Stull & Brody Files Ohio Securities Fraud Lawsuit
--------------------------------------------------------------
Stull, Stull & Brody disclosed that a class action lawsuit has
been commenced in the United States District Court for the
Southern District of Ohio, on behalf of all persons who
purchased the securities of Fifth Third Bancorp (NYSE: FTB-PA)
(NYSE: FTB/PA) (NYSE: FTB-PC) (NYSE: FTB/PC) from October 19,
2007, through June 17, 2008, inclusive, against the Company and
Kevin T. Kabat, the Company's president and chief executive
officer, alleging violations under the Securities Exchange Act
of 1934 15 U.S.C. Sections 78j and 78t(a) and Rule 10b-5,
promulgated thereunder by the SEC, 17 C.F.R. Section 240.10b-5.

This action is also brought on behalf of a sub-class of members
who purchased $750,000,000 (in aggregate liquidation amount) of
7.25% Trust Preferred Securities, liquidation amount $25 per
security, which were registered pursuant to an automatic shelf
registration statement on Form S-3 (SEC File Nos. 333-141560 and
333-141560-03) filed with the Securities and Exchange Commission
on March 26, 2007, the sale of which to investors was in an
initial public offering which became effective on or about
October 25, 2007, Fifth Third Capital Trust VI (NYSE: FTB-PB)
(NYSE: FTB/PB), seeking to pursue remedies under Sections 11 and
15 of the Securities Act of 1933, 15 U.S.C. Sections 77k and
77l.

The Securities Act claim is also bought against the underwriters
of Fifth Third Capital Trust VI preferred securities:

     -- Citigroup Global Markets Inc.;
     -- Merrill Lynch, Pierce, Fenner & Smith Incorporated;
     -- Morgan Stanley & Co. Incorporated;
     -- UBS Securities LLC.;
     -- Banc of America Securities LLC; and
     -- Credit Suisse Securities LLC.

The Complaint alleges, among other things, that Defendants
issued materially false and misleading statements concerning the
quality of Fifth Thirds Tier 1 capital, the relevant ratios and
sufficiency of its Tier 1 capital, the necessity to take net
charge-offs stemming from increasing credit losses, and the need
to shore up capital due to its exposure to poorly performing
real estate markets in the Mid-West region.

As a result of these materially false and misleading statements
and omissions, plaintiffs allege that the price of Fifth Third's
securities were artificially inflated during the Class Period.

On June 18, 2008, the Company disclosed certain of the adverse
factors of FITB's business and announced that it would slash its
quarterly dividend and its earnings would be as little as 1 to 5
cents a share for the second quarter.

In addition, the Company said it would sell subsidiaries and
issue preferred stock to raise $2 billion.  These disclosures
caused Fifth Third's common stock to decline 27%, to close on
June 18, 2008, at $9.26 per share on very heavy volume.  The
Company's stock had traded as high as $28.00 per share in
February 2008.

Interested parties may move the court no later than August 19,
2008, for lead plaintiff appointment.

For more information, contact:

           Tzivia Brody, Esq.
           Stull, Stull & Brody
           6 East 45th Street
           New York, NY 10017
           Toll-Free: 1-800-337-4983
           Fax: 1-212-490-2022


HEALTHWAYS INC: Holzer Fistel Files Tenn. Securities Fraud Suit
---------------------------------------------------------------
Holzer Holzer & Fistel, LLC, has filed a class action lawsuit in
the United States District Court for the Middle District of
Tennessee on behalf of purchasers of Healthways Inc. common
stock during the period between October 17, 2007, and
February 26, 2008, inclusive.

The complaint charges Healthways and certain of its officers and
directors with violations of the Securities Exchange Act of
1934.

Interested parties may move the court no later than August 4,
2008, for lead plaintiff appointment.

For more information, contact:

          Michael I. Fistel, Jr.
          Holzer & Holzer, LLC
          1117 Perimeter Center West, Suite E-107
          Atlanta, GA 30338
          Phone: 770-392-0090
          Fax: 770-392-0029
          Toll-Free: 888-508-6832


MRV COMMUNICATIONS: Milberg LLP Files California Securities Suit
----------------------------------------------------------------
The law firm of Milberg LLP filed a lawsuit in the United States
District Court for the Central District of California against
MRV Communications, Inc., and certain of MRV's officers and
directors for violations of the Securities Exchange Act of 1934.

The lawsuit is filed on behalf of purchasers and acquirers of
common stock from March 31, 2003, through June 5, 2008.

The Complaint alleges that during the Class Period, MRV and
certain of its officers and directors violated federal
securities laws by issuing materially false and misleading
statements regarding the Company's financial statements,
business and prospects, including false and misleading
statements regarding MRV's employee stock options grant
practices.  The Complaint alleges that defendants caused or
allowed MRV to issue statements that failed to disclose or
misstated the following:

     (i) that the Company had problems with its internal
         controls that prevented it from issuing accurate
         financial reports and projections;

    (ii) that because of improperly recorded stock-based
         compensation expenses, the Company's financial results
         violated Generally Accepted Accounting Principles; and

   (iii) that the Company's public disclosures covering a seven-
         year period presented an inflated view of MRV's
         earnings and earnings per share, which would later have
         to be restated.

On June 5, 2008, MRV announced that it expects to restate its
2002 through 2008 financial statements, and that its previously
issued financial statements, earnings press releases and similar
communications for those periods should no longer be relied
upon.  The restatement was anticipated to address stock-option
backdating problems and related accounting issues.  That report
came after the Company's previous announcement that a review of
its options granting practices found no evidence that grant
dates were designed to occur on dates with lower, more favorable
exercise prices.  MRV's management was now stating that it was
likely that the previous conclusions were incorrect.  Upon
disclosure of this news, MRV's share price plummeted
approximately 24%.

Interested parties may move the court no later than September 8,
2008, for lead plaintiff appointment.

For more information, contact:

          Jeff S. Westerman, Esq.
          Milberg LLP
          300 S. Grand Avenue, Suite 3900
          Los Angeles, CA 90071
          Phone: 800-320-5081
          e-mail: contactus@milbergweiss.com
          Web site:  http://www.milberg.com/

               - and -

          Benjamin Kaufman, Esq.
          Milberg LLP
          One Pennsylvania Plaza, 49th Fl.
          New York, NY 10119-0165
          Phone: 800-320-5081
          e-mail: contactus@milberg.com
          Web site:  http://www.milberg.com/


                        Asbestos Alerts

ASBESTOS LITIGATION: District Court Retains Riley Action in Tex.
----------------------------------------------------------------
The U.S. District Court, S.D. Texas, Corpus Christi Division,
recommended that Arthur Riley's claims against Nueces County and
Christus Spohn Memorial Hospital be retained on the Court's
docket.

The case is styled Arthur Riley v. Nueces County Jail, et al.

U.S. Magistrate Judge Brian L. Owsley entered judgment of Civil
Action No. C-08-159 on June 9, 2008.

Mr. Riley is confined in the Nueces County Jail in Corpus
Christi, Tex. He filed this action on May 15, 2008, complaining
about the conditions of the Jail in 2006 and the present, and
also alleging that he was denied his high blood pressure
medication.

Mr. Riley named as defendants Nueces County Jail and Christus
Spohn Memorial Hospital, the Jail's contractual medical
provider. A hearing was conducted on June 4, 2008.

Mr. Riley was incarcerated in the Nueces County Jail from
July 26, 2006, through Nov. 26, 2006. During the four months he
was there in 2006, he alleged that he was exposed to asbestos,
toxic mold, and other unsanitary conditions.

In November 2006, Mr. Riley was transferred to the Dominguez
Unit, and then to the Lopez Unit. At the Lopez Unit, he was
diagnosed with high blood pressure, and he began receiving
medication for hypertension.

Mr. Riley returned to the Nueces County Jail on Jan. 2, 2008,
where he remains in custody. He stated that the conditions at
the Jail are the same, or maybe even a little worse. In the 4P
Unit where he is housed, the ceiling still has exposed asbestos
hanging from the ceilings, and it gets into the air and
circulates. On the newer side of the Jail, the air ducts have
not been cleaned. There are mold spores growing in the showers.

Mr. Riley sought US$175,000 for pain and suffering and
respiratory distress. He also sought US$75,000 in punitive
damages to ensure that this exposure does not happen to other
inmates.

Thus, the Court recommended that the it retain Mr. Riley's claim
against Christus Spohn Memorial Hospital.

Arthur Riley, Corpus Christi, Tex., pro se.

F. Edward Barker, Barker Leon et al., Corpus Christi, Tex.,
represented Christus Spohn Memorial.


ASBESTOS LITIGATION: Chase Still Faces One Inactive Ohio Lawsuit
----------------------------------------------------------------
Chase Corporation continues to face one inactive asbestos-
related lawsuit filed in Ohio, according to the Company's
quarterly report filed with the Securities and Exchange
Commission on July 10, 2008.

The Company is one of over 100 defendants in a personal injury
lawsuit, pending in Ohio, which alleges personal injury from
exposure to asbestos contained in certain Chase products.

The plaintiff in the case issued discovery requests to the
Company in August 2005, to which it timely responded in
September 2005.

The trial had initially been scheduled to begin on April 30,
2007. However, that date has since been postponed and no new
trial date has been set.

Bridgewater, Mass.-based Chase Corporation makes tapes and
protective coatings used by the electronic, public utility, and
oil industries. Products include insulating and conducting
materials for electrical wire; electrical repair tapes;
protective pipe coatings; thermoelectric insulation for
electrical equipment; and moisture protective coatings for
electronics. The Company also provides circuit board
manufacturing services.


ASBESTOS LITIGATION: Appeal Court Flips Ruling to Favor Hiltons
---------------------------------------------------------------
The Court of Appeal, 1st District, Division 4, California,
reversed the ruling of the San Francisco County Superior Court,
which granted summary judgment to Arizona Public Service Company
(APS), in an asbestos-related lawsuit filed by Allison Keith
Hilton and his wife, Christeena I. Hilton.

The case is styled Allison Keith Hilton et al., Plaintiffs and
Appellants, v. Arizona Public Service Company, Defendant and
Respondent.

Judges Rivera, Reardon, and Sepulveda entered judgment of Case
No. A117320 on July 1, 2008.

Mr. Hilton allegedly suffers from a condition caused by exposure
to asbestos and asbestos-containing products. The Hiltons sued
numerous defendants, including APS, seeking recovery for Mr.
Hilton's injuries.

The Hiltons alleged that Mr. Hilton had worked at various
workplaces, including APS's premises. Against APS, they asserted
causes of action for premises owner/contractor liability and
loss of consortium. APS moved for summary judgment.

The summary judgment motion was scheduled for Sept. 29, 2006. At
a hearing on Oct. 19, 2006, one of the Hiltons' attorneys stated
that the depositions in question had taken place on Oct. 11,
that the transcripts were not yet available, and that the
Hiltons expected to be able to file an opposition to the summary
judgment motion within a week.

On Oct. 24, 2006, the trial court denied the Hiltons' motion to
continue and granted APS's motion for summary judgment. Judgment
of dismissal as to APS was filed on Nov. 13, 2006.

The Hiltons moved for a new trial, arguing they had obtained
newly discovered evidence that was unavailable at the time they
opposed APS's summary judgment motion.

The trial court denied the motion for a new trial. The Hiltons
appealed from the judgment of dismissal.

The Hiltons contended the trial court abused its discretion in
denying their motion for a continuance of the motion for summary
judgment and that the court erred in granting summary judgment.

The Appeal Court reversed the trial court's ruling.

Katherine Yao Wang, Keller, Fishback & Jackson, San Francisco,
represented Allison Keith Hilton and Christeena I. Hilton.

Page Rixon Barnes, San Francisco, represented Arizona Public
Service Company.


ASBESTOS LITIGATION: 9 Iowa Cities Cleared in EPA's Air Sampling
----------------------------------------------------------------
The U.S. Environmental Protection Agency's air sampling for
asbestos and air monitoring for particulates in certain cities
has shown no health risk, according to an EPA press release
dated July 14, 2008.

These cities are: Cedar Falls, Cedar Rapids, Fort Madison, Iowa
City, Keokuk, Montrose, Oakville, Parkersburg, and Waterloo.

EPA's sampling and monitoring activities continue in Cedar
Rapids, Oakville and Parkersburg where cleanup activities are
ongoing and where demolitions may occur.

Sampling and monitoring activities have been discontinued in
other Iowa locations.

As analytical results for asbestos sampling and particulate
level monitoring become available, reports have been posted on
the EPA Region 7 Web site.


ASBESTOS LITIGATION: Ecker Pleads Guilty to CAA Breach in Mont.
---------------------------------------------------------------
Randal J. Ecker, a former teacher at Bridger High School in
Billings, Mont., has pleaded guilty to violating the federal
Clean Air Act, Asbestos.com reports.

The violations stemmed from an incident in 2003 involving plans
to renovate part of the school building. The original plans were
approved by the school board, but did not include the removal of
the floor tiles, which the board already knew contained
asbestos.

Mr. Ecker's plan included having the students work on the
project under his supervision. During the course of the project,
he decided to have the students remove the floor tiles. He
obtained permission for the work from Superintendent Deb Black.

The students wore protective clothing while carrying out the
work, but the equipment did not prevent asbestos exposure.

The students reported that several tiles shattered during the
removal process, which would have caused asbestos fibers to be
released into the air.

To make matters worse, the asbestos-containing tiles were
disposed of as ordinary construction waste in unmarked bags.

Asbestos disposal methods not only include careful handling, but
proper transportation as well. All asbestos-containing materials
must be taken to a designated landfill that is capable of
storing asbestos waste. This is done in an effort to prevent
communities from being at risk of developing mesothelioma and
other asbestos-related diseases.

Five special education students worked on the project. Their
parents later sued the Bridger School District, and each student
was awarded US$251,000 in a civil settlement.

Mr. Ecker admits he failed to notify the U.S. Environmental
Protection Agency before removing the tiles, as required by the
CAA.

Mr. Ecker appeared in court before Chief U.S. District Judge
Richard Cebull, pleading guilty and waiving his right to a grand
jury indictment.

Mr. Ecker could have been charged with three other felonies
relating to his failure to follow asbestos removal and disposal
regulations, as well as a fourth felony relating to the
endangerment of the students who completed the work.

The government offered Mr. Ecker a single plea agreement, "a
single record-keeping offense," which according to Assistant
U.S. Attorney Leif Johnson, "best reflects what happened."

Mr. Ecker faces a sentence of up to two years in prison, and a
fine of up to US$250,000. However, Assistant U.S. Attorney Leif
Johnson says the government will likely agree to a probationary
sentence.


ASBESTOS LITIGATION: More Nahariya Locals Suffering from Cancer
---------------------------------------------------------------
According to data submitted on July 14, 2008 by Shihab Shihab,
the chief doctor of the Israel Health Ministry's Acre District,
the rate of lung cancer among residents of Nahariya is 10 times
higher than the rest of the country, HAARETZ.com reports.

The data was submitted to the Knesset Internal Affairs
Committee.

Mr. Shihab attributed 70 percent of incidences of mesothelioma
to exposure to asbestos. Smoking was also indicated as a factor
that could multiply the risk.

Internal Affairs Committee Chairman Ophir Pines-Paz (Labor)
said, "People pay with their lives and the authorities
demonstrate intolerable apathy. Bureaucracy cannot be allowed to
kill."

On July 14, 2008, the committee held a brief discussion,
initiated by MK Yossi Beilin (Meretz), on the lack of action to
combat the asbestos problem in Nahariya.

Tamar Bar On, head of the Environment Ministry's Asbestos
Department, said that between 70,000 to 150,000 cubic meters of
asbestos could be found scattered across the Western Galilee,
mainly in private yards, especially in Nahariya and the Matte
Asher Regional Council.

During the discussion, it emerged that the Environment Ministry
had transferred ILS3 million to the Nahariya municipality in
order to combat the asbestos problem. However, none of the money
was used.

According to municipality Director General Danny Hamias, the
money was not used because it was earmarked for clearing
asbestos in three specific sites, and in two of those sites no
asbestos was found. He added that "not a single shekel is
devoted to combating the problem."

The Internal Affairs Committee has decided to establish a panel
in order to address the asbestos problem in Nahariya.


ASBESTOS LITIGATION: Shoreham Roofer's Death Linked to Exposure
---------------------------------------------------------------
Jim Kingshott, who won more than GBP160,000 in compensation
after becoming ill through working with asbestos, has died, The
Argus reports.

The 59-year-old Mr. Kingshott died on July 11, 2008 at the
family home in Gordon Road, Shoreham, United Kingdom.

Mr. Kingshott was diagnosed with mesothelioma in December 2006.
He was exposed to asbestos, which caused the disease, while
fitting roofs and ceilings for Doric Co Ltd, based in Shoreham.

Mr. Kingshott started out as a laborer for the family firm in
1968 before being employed as a roofer until he was made
redundant in 1991. Doric later went into liquidation.

Mr. Kingshott decided to claim for compensation after his
diagnosis and contacted solicitors through the charity Action on
Asbestos and was successful in July 2007.


ASBESTOS LITIGATION: Aggarwal Fined on Botched Townhouse Cleanup
----------------------------------------------------------------
Anand Aggarwal, the director of 1041259 Ontario Inc., on July 7,
2008, received the maximum fine allowed by law over an attempt
to remove asbestos at a townhouse complex without following
procedures required by the Occupational Health and Safety Act,
according to an Ontario Ministry of Labour press release dated
July 20, 2008.

A separate company, Andrex Holding Ltd., was also fined in the
Ontario Court of Justice.

Justice of the Peace Herb Kreling heard that 1041259 Ontario
Inc., owners of Manor Gardens townhouse complex in Ottawa, were
going to start work on water pipes in the basements, including
the removal of insulation around the pipes.

The owners directed Andrex Holding, as their property management
company, to remove the insulation. Residents contacted the
Ministry of Labour with concerns that asbestos removal might be
involved.

The ministry issued a stop work order, and its subsequent
investigation found that the asbestos was not being removed in
accordance with the act and regulation.

Mr. Aggarwal pleaded guilty to failing to ensure that the
numbered company complied with subsection 7(3) of Ontario
Regulation 278/05, contrary to section 32(a) of the Occupational
Health and Safety Act. He was fined CDN25,000.

Andrex Holding pleaded guilty to failing, as an employer, to
ensure compliance with sections 15 and 16 of Ontario Regulation
278/05, contrary to section 25(1)(c) of the Occupational Health
and Safety Act, and was fined CDN20,000.

In addition to the fines, the court imposed a 25-percent victim
fine surcharge on each, as required by the Provincial Offences
Act.

The surcharge is credited to a special provincial government
fund to assist victims of crime.


ASBESTOS LITIGATION: U.K. Inquest Has Case of Unexplained Cancer
----------------------------------------------------------------
An inquest in Huddersfield, England, heard that Josephine Dutton
died from mesothelioma despite having never been exposed to
asbestos, The Huddersfield Daily Examiner reports.

Deputy coroner Mark Hinchcliffe said that Mrs. Dutton was
"extremely unlucky" to have been killed by mesothelioma, an
asbestos-related cancer.

The Huddersfield inquest heard that the 59-year-old Mrs. Dutton
worked in the textile industry and her husband had not come into
contact with asbestos either.

A post-mortem examination failed to find any asbestos fibers in
Mrs. Dutton's body.

Recording a verdict of death by natural causes, Mr. Hinchcliffe
said, "In very rare cases mesothelioma can be developed without
a link to asbestos in the workplace. Mrs. Dutton was extremely
unlucky, it's like people who develop aggressive lung cancer who
have never smoked."


ASBESTOS LITIGATION: CFMEU Members Walk Out Over Health Concerns
----------------------------------------------------------------
Following their complaint that asbestos had not been properly
removed from the Westfield Doncaster Shoppingtown, members of
the Construction Forestry Mining and Energy Union have walked
off the shopping center project on concerns of worker health and
safety, Mesothelioma reports.

The shopping center is located in Victoria, Australia.

Nearly 350 workers refused to continue working on the site after
finding out that asbestos removal was taking place at the site
while they were working.

The workers were concerned that asbestos fibers from the ripped
down ceiling tiles may have spread into the air-conditioning
duct, which would circulate them throughout the shopping center.

Myer, the center's owner, responded saying that it was following
all the proper procedures regarding asbestos handling and that
Worksafe Victoria had approved the work on the site and
confirmed in a written report that there was no cause for
concern during their inspector's visit.

The Company added that it performs ongoing scheduled air quality
tests and the latest results showed no presence of airborne
asbestos fibers.

However, the CFMEU said that Myer's failure to have the
potentially deadly substance removed before its union workers
began work on the shopping center is a violation of health and
safety regulations.

The union's assistant state secretary Bill Oliver said the union
was not aware of the presence of asbestos until members saw a
removal contractor moving contaminated tiles while they were
working.


ASBESTOS LITIGATION: Asbestos Found in Boulder Apartment Complex
----------------------------------------------------------------
The Hill House apartment complex in Boulder, Colo., has been
declared uninhabitable because of asbestos found in the drywall
mud, cbs4denver.com reports.

Residents of the apartment complex are waiting to learn when
they will be allowed back in their homes following a fire there
on the evening of July 12, 2008.

About 50 people, mostly college students, were displaced by the
fire at the building, located at Marine Street and Lincoln
Place.

Investigators said they believe the cause of the fire was
accidental.

They have ruled out the possibilities that it was started by
fireworks or a barbecue grills.


ASBESTOS LITIGATION: Construction Workers Seeking GBP1.4B Payout
----------------------------------------------------------------
Construction workers in the United Kingdom will target the
constituencies of David Miliband and John Hutton, in a campaign
to force the government to rule that the insurance industry has
to pay GBP1.4 billion to sufferers of pleural plaques, The
Observer reports.

In 2007, the House of Lords ruled that the insurance industry
was under no obligation to compensate sufferers.

Alan Ritchie, general secretary of the Union of Construction,
Allied Trades and Technicians, said, "The insurance industry
seems intent on dismantling the industrial injury compensation
system and it has to be fought."

While the Scottish Executive subsequently overturned the Law
Lords' decision, a government consultation fell short of
following suit.


ASBESTOS LITIGATION: Lichtenstien Suit Filed in Ill. on June 30
---------------------------------------------------------------
The estate of Bernard Lichtenstien, on June 30, 2008, has filed
an asbestos-related lawsuit in Madison County Circuit Court,
Ill., The Madison St. Clair Record reports.

The lawsuit lists as defendants: Federal-Mogul Asbestos Personal
Injury Trust, as successor to Felt Products Manufacturing, and
Federal-Mogul Asbestos Personal Injury Trust, as successor to
the former Vellumoid Division of Federal-Mogul.

Mr. Lichtenstien's estate claims that during the course of his
employment and during home and automotive repairs, he was
exposed to and inhaled, ingested or otherwise absorbed asbestos
fibers from certain products he was working with and around.

Mr. Lichtenstein was employed from 1957 to 1978 as a laborer at
various locations, the lawsuit says. His estate claims he was
diagnosed with mesothelioma on June 1, 1998 and died on Nov. 10,
1999. He was a resident of California at the time of his death,
the complaint states.

Mr. Lichtenstien's estate claims that since gasket maker John
Crane Inc. does business in Illinois and Madison County, venue
is appropriate, even though they are not listed as a defendant.

The estate claims the defendants knew or should have known that
the asbestos fibers contained in their products had a toxic,
poisonous and highly deleterious effect upon the health of
people.

It also claims that the defendants included asbestos in their
products even when adequate substitutes were available and
failed to provide any or adequate instructions concerning the
safe methods of working with and around asbestos.

Mr. Lichtenstien's estate also claims that the defendants failed
to require and advise employees of hygiene practices designed to
reduce or prevent carrying asbestos fibers home.

As a result of the alleged negligence, Mr. Lichtenstien was
exposed to fibers containing asbestos and developed a disease
caused only by asbestos, which has disabled and disfigured him
prior to his death, the lawsuit claims.

The estate also claims Mr. Lichtenstien suffered great physical
pain and mental anguish and was hindered and prevented from
pursuing his normal course of employment, thereby losing large
sums of money," the complaint states.

Mr. Lichtenstien's estate claims that his next of kin have been
deprived of his means and support and loss his society. In
addition, the estate claims that there are funeral and burial
expenses.

The estate seeks damages in excess of US$100,000, plus costs of
the suit. It is represented by the asbestos litigation firm
SimmonsCooper LLC, based in East Alton, Ill.

Case No. 08 L 595 has been assigned to Circuit Judge Daniel
Stack.


ASBESTOS LITIGATION: Waugh's Widow Sues 44 Firms in Texas Court
---------------------------------------------------------------
Marilyn J. Waugh, Albert L. Waugh's widow, on July 11, 2008,
filed an asbestos-related lawsuit against A.W. Chesterton
Company and 43 other companies in Jefferson County District
Court, Tex., The Southeast Texas Record reports.

As a refinery worker, Mr. Waugh allegedly inhaled "great
quantities" of asbestos during his career. Now deceased, Mrs.
Waugh claims his death was maliciously caused by dozens of
companies.

Mrs. Waugh accuses the companies of suppressing the information
pertaining to the fiber's hazardous influence on human health
and purposely inflicting Mr. Waugh with an asbestos disease.

The nine-count lawsuit says companies such as Viacom Inc.,
General Electric Company and Zurn Industries knew that the
asbestos products they manufactured would hit the market without
inspection for defects.

The suit says, "Defendants knowingly conspired among themselves
to cause Waugh's injuries, diseases, and illness and/or death by
exposing him to asbestos. Defendants committed conspiracy by
willfully misrepresenting and suppressing the truth as to the
risks and dangers associated with asbestos."

The suit says the defendants have been in possession of medical
and scientific data exposing the health risks of asbestos since
the 1930s, but conspired among themselves to suppress the
information.

The suit does not give specifics on the location or time of Mr.
Waugh's employment.

The suit also faults the defendants for "conspiring among
themselves to injure Waugh and to deprive him of his rightful
recoveries."

In addition, the suit accuses defendant Metropolitan Life
Insurance Co. of entering into a conspiracy with Raybestos-
Manhattan Corp. to "misrepresent material facts about the
dangers of asbestos exposure."

Mrs. Waugh sues for physical pain and suffering in the past and
future, mental anguish in the past and future, lost wages, loss
of earning capacity, disfigurement in the past and future,
physical impairment in the past and future, and past and future
medical expenses, including home medical care costs. She also
seeks punitive and exemplary damages.

Brent Coon & Associates attorney Lou Thompson Black, Esq.,
represents Mrs. Waugh.

Judge Gary Sanderson of the Sixtieth Judicial District will
preside over Case No. B182-035.


ASBESTOS LITIGATION: Ill. Locals Still Doubt Safety of Shoreline
----------------------------------------------------------------
Residents are still asking questions on the safety of Illinois'
most popular beach on the shores of Lake Michigan for asbestos,
almost a year after the U.S. Environmental Protection Agency
tested the location, Asbestos.com reports.

It was almost 11 years ago when the media first mentioned the
presence of asbestos fibers at Illinois Beach State Park, which
runs along a six-mile stretch of Lake Michigan. The popular
beach is visited by more than two million people every year.

Signs are posted at locations where asbestos is known to have
washed up on shore, warning people not to handle rocks and other
suspicious material.

An investigation into the source of the asbestos has led to five
possible locations, including an old industrial site located
south of the park.

State and federal officials have been saying for more than a
decade that the beach is safe.

However, according to a news report from the Sun-Times
newspaper, there are internal EPA documents that raise serious
concerns about the safety of the location.

In addition, a study carried out in 2006 showed there were
"significantly elevated" levels of asbestos at the state park.

The EPA carried out more tests in 2007 in an effort to resolve
the public's safety concerns. Investigators performed normal
beach activities such as volleyball and Frisbee-tossing to try
and determine if normal activity could result in asbestos
becoming airborne.

The public, as well as press, have been asking why the EPA
continues to send out investigatory teams when state and local
officials have been insisting the beach is safe for more than a
decade.

The EPA claims that asbestos levels are so low that there is no
cause for concern. However, according to the Asbestos Disease
Awareness Organization, even low level exposure to the substance
can eventually lead to the development of mesothelioma.

In addition, a 1997 publication by the National Institute for
Occupational Health and Safety (NIOSH) states, "all levels of
asbestos exposure studied to date have demonstrated asbestos-
related disease...[and] there is no level of exposure below
which clinical effects do not occur."


ASBESTOS LITIGATION: Hanover School OKs Flagship Bid for Removal
----------------------------------------------------------------
The Hanover Public School District, on July 14, 2008, approved a
US$29,527 bid from Flagship PDG Environmental, Inc. for asbestos
abatement and mold remediation at Washington Elementary School
in Hanover, Pa., The Evening Sun reports.

In the bid contract, the district stipulated the project must be
completed in three weeks so it will be over before the school
year starts.

The project will remove six types of mold discovered in
"hundreds of linear feet" of pipe insulation in the crawl space
of Washington Elementary, as well as asbestos in the school.

In April 2008, the mold was discovered by Analytical Laboratory
Services, a company working on behalf of the district.

The pipe insulation will be removed, but the Company will not be
re-insulating the pipes once the project is complete.


ASBESTOS LITIGATION: Pollution Continues at South African Mines
---------------------------------------------------------------
According to the Asbestos Coordinating Committee of Kgalagadi
(ACCK), environmental pollution from asbestos is still
continuing to wreak havoc at former mining areas in South
Africa, SABC News reports.

The ACCK is a Kuruman, South Africa-based Non-Governmental
Organization.

Between 30 and 50 new cases of a rare asbestos cancer, are being
treated at the Kimberley Hospital in the Northern Cape each
month.

This after communities mandated their representatives to compile
a report to be presented in Parliament pleading for a government
fund to be set up.


ASBESTOS LITIGATION: Developers to Abate 'Settles Hotel' in Tex.
----------------------------------------------------------------
The Big Spring City Council in Big Spring, Tex., granted two
undisclosed contractors the job of environmental abatement,
including asbestos, on the Settles Hotel, NewsWest9.COM reports.

In addition to the contractor approval, money was put into
escrow by Settles project developers, to pay the city back for
the asbestos removal.     

The next update on the hotel will be at the end of July 2008.


ASBESTOS LITIGATION: Insurers Say Education Key to Plaques Issue
----------------------------------------------------------------
The Association of British Insurers asserted its stance that
education, not legislation, is the answer to the pleural plaques
issue, the Post Online reports.

Commenting on a publication of a pleural plaques consultation
paper by the Ministry of Justice, Nick Starling, director of
general insurance and health at the Association of British
Insurers, said, "The way forward must be through education to
reassure and allay the concerns of people with pleural plaques.

"The insurance industry wants to work with the Government to
achieve this. Legislation is not the answer. Pleural plaques are
symptomless, do not impact on a person's health, and do not
develop into asbestos-related diseases."


ASBESTOS LITIGATION: EPA Lauded for Air Checks After Iowa Flood
---------------------------------------------------------------
The Mesothelioma & Asbestos Awareness Center encourages ongoing
air quality monitoring by the U.S. Environmental Protection
Agency and commends EPA's dedication to the safety of all Iowa
residents in the aftermath of Iowa flooding, TransWorldNews
reports.

The EPA will continue air quality monitoring at several sites
within Iowa City, Iowa, in an effort to ensure the safety of all
residents and cleanup crews.

As the flood waters continue to recede, many homeowners have
been informed that their former residences will have to be
demolished.

The EPA has been monitoring air quality at various locations for
over two weeks now.

In Cedar Rapids, Iowa, officials estimate that about 40 homes
will have to be demolished. No estimation is available for Iowa
City. However, EPA officials on the scene in that area do not
think that any homes will have to be completely torn down.

The Mesothelioma and Asbestos Awareness Center also recommends
renovation of older asbestos fixtures as Iowa residents rebuild
in the aftermath of the flooding.

Even as some materials post no immediate danger, further damage
from flooding or other natural disaster could render these
materials highly toxic.

The Mesothelioma & Asbestos Awareness Center is a web-based
resource for information related to asbestos exposure,
mesothelioma, mesothelioma treatment options, and more.


ASBESTOS LITIGATION: Alert Sounded During Road Work in Canada
-------------------------------------------------------------
Trace amounts of asbestos have been found in the asphalt of
local streets in the area of Weston and Albion roads in North
York, Ontario, Canada, The North York Mirror reports.

Ministry of Labour regulations dictate the work crews must wear
hazardous material suits because the asphalt contains 1- to 3-
percent asbestos, above the provincial cut-off of 0.5 percent
that determines when workers must use protective gear, according
to Bill Mason, the city's superintendent of technical operations
in the Etobicoke or York district.

Meanwhile, the city has passed out flyers to residents on the
affected streets - Bradmore Avenue, Jasmine Road, Flaxman Road,
Griffith Street, Lilac Avenue, Omagh Avenue and Reuben Avenue -
advising them to keep doors and windows closed during the day
when work is taking place.

Mr. Mason said water trucks are routinely spraying to keep
airborne dust from the construction to a minimum. He added risk
to workers and residents is minimal because the asbestos is
embedded in the pavement and "is not free and fibrous."

The road work is routine and not taking place because the
asbestos has to be removed for health or safety concerns, said
Mr. Mason, adding asbestos can still legally be found in some
products.

Mr. Mason added that trace amounts of asbestos has been found in
14 local roads, including eight in Ward 7.


ASBESTOS LITIGATION: Appeals Court OKs Ruling in Celotex Lawsuit
----------------------------------------------------------------
The U.S. Court of Appeals, Eleventh Circuit, upheld the ruling
of the U.S. District Court for the Middle District of Florida,
which ruled in favor of nine excess insurers in the bankruptcy
case styled In re the Celotex Corp., Debtor.

The case is styled Asbestos Settlement Trust, Plaintiff-
Appellant v. Continental Insurance Company, National Surety
Corporation, Patrick Selwyn Plaisted, Certain Underwriters at
Lloyd's London, Certain London Market Insurance Companies
(Plaisted), et al., Defendants-Appellees.

Circuit Judges Edmondson, Pryor, and Kravitch entered the
judgment in Case No. 06-15748 on July 7, 2008.

This was an insurance coverage dispute arising in the context of
a decades-long Chapter 11 bankruptcy. Celotex manufactured
construction products and building materials containing
asbestos, and as such it faced lawsuits alleging bodily injury
and property damage.

As part of its reorganization plan, Celotex created the Asbestos
Settlement Trust. The Trust assumed Celotex's tort liabilities
and was assigned Celotex's right to indemnity, if any, under
certain excess liability insurance policies.

Celotex filed this adversary proceeding seeking a declaration
that payment was due under the policies, which the insurers
contested.

The bankruptcy court determined that the policy terms covered
claims for both property damage and bodily injury, but that
timely notice of claims was not given to the excess insurers.

Thus, the bankruptcy judge granted judgment as a matter of law
for the nine excess insurers on appeal. The judgment was
affirmed on appeal to the district court.

The issue before the Appeals Court was whether notice was timely
given to the excess insurers about the property-damage claims.

The Appeals Court agreed with the bankruptcy and district courts
that it was not.

T. Joshua Archer, Esq., James L. Hollis, Esq., of Balch &
Bingham LLP, in Atlanta, Mark A. Packman, Esq., in Washington,
D.C., represented Asbestos Settlement Trust.

The Defendants-Appellees were represented by:

-- Philip C. Stahl, Esq., of Grippo & Elden, LLC,

-- Robert J. Bates, Jr., Esq., Maryann C. Hayes, Esq., Stanley
   V. Figura, Esq., of Bates & Carey LLP,

-- Amy J. Collins, Esq., in Chicago,

-- Luisa Maria Linares, Esq., Scott A. Cole, Esq., of Cole,
   Scott and Kissane, P.A., in Miami, Fla., and

-- Patrica B. Santelle, Esq., in Philadelphia.


ASBESTOS LITIGATION: Molloy Sets Grace Status Hearing to Oct. 1
---------------------------------------------------------------
U.S. District Judge Donald Molloy, in Missoula, Mont., has set
Oct. 1, 2008 for the status hearing in the federal criminal case
against W. R. Grace & Co. over asbestos contamination in Libby,
The Great Falls Tribune reports.

A trial date could be also set on Oct. 1, 2008.

It has been almost three and a half years since the U.S. Justice
Department filed criminal charges against Grace and its
executives.

Judge Molloy signed the order for the hearing on July 9, 2008,
after receiving notice that the Ninth U.S. Circuit Court of
Appeals had upheld Judge Molloy's pre-trial rulings.

Grace appealed but the U.S. Supreme Court declined to hear the
case.


ASBESTOS LITIGATION: Maple Pleads Guilty to Risky Church Cleanup
----------------------------------------------------------------
According to the New Jersey State Attorney General's Office, 51-
year-old Tyrone Maple pleaded guilty, on July 16, 2008, to
unsafely removing asbestos from a Paterson, N.J., church,
releasing hazardous dust and debris into areas that included a
day care center, The Record reports.

Mr. Maple, of Bronx, N.Y., faces three years in state prison
after pleading guilty to knowingly causing the release of
asbestos before state Superior Court Judge Marilyn Clark in
Paterson, according to the state Attorney General's Office.

Mr. Maple removed asbestos insulation at Friendship Baptist
Church, 433 Park Ave., without a license and without observing
federal and state laws intended to protect health and safety,
according to officials. An area of the church leased by Whole
New World Daycare was affected.

A probe by the state Division of Criminal Justice Environmental
Crimes Bureau found that Mr. Maple, a church member who worked
as a boiler repairman in New York, was not licensed to perform
the work.

Nonetheless, Mr. Maple contracted with the church to remove the
asbestos insulation from the church's basement for US$6,200 and
performed the work on Dec. 21, 2007. That work entailed removing
asbestos insulation from steam pipes so they could be safely
repaired.

Complaints by a congregation member led to the church hiring an
air monitoring firm on Feb. 1, 2008. The firm discovered
elevated levels of asbestos throughout the first floor of the
building, including the area leased to the daycare center.

The church and center were then shut for several days while the
asbestos dust was removed by a licensed asbestos abatement
contractor.

Peter Aseltine, spokesman for the Attorney General's Office,
said he could not comment on the health risk posed to occupants
of the building. However, he noted that the elevated levels of
asbestos in the building existed during a period of under two
months before being discovered and remedied.

State Attorney General Anne Milgram said, "This crime could have
posed serious health risks for the young children in that
daycare center. To turn a profit, this defendant took chances
with families who had few affordable alternatives for child
care."


ASBESTOS LITIGATION: Hazard in Graig Exposed Locals for 3 Weeks
---------------------------------------------------------------
Asbestos dumped in a beauty spot in the Graig, located in
Newport, South Wales, posed a health hazard for three weeks
before it was removed, the Pontypridd Observer reports.

The asbestos was scheduled to be collected on July 7, 2008.

Residents have raised concerns over how long the hazardous fiber
was left in a bin and on the lane leading to Shonis Pond.

Stuart Jones, whose home in Llantrisant Road backs onto the
affected area, cannot understand why it has taken Rhondda Cynon
Taf Council so long to do something about it.

A spokesperson for Rhondda Cynon Taf Council said,
"Unfortunately there has been a number of operational issues
within the Streetcare Department this week concerning leave,
absence and dispoal arrangements which has caused a slight delay
in the collection process."


ASBESTOS LITIGATION: Victims Center Aims to Extend U.S. Services
----------------------------------------------------------------
Americas Watchdog has created the most useful service for
victims or family members of victims of Mesothelioma available
in the United States, according to an Americas Watchdog press
release dated July 14, 2008.

The Mesothelioma Victims Center was created to assist all U.S.
victims of Mesothelioma. Americas Watchdog has initiated this
very complete free service because there is literally nothing
close to it in the United States, and because this type of
service is sorely needed by Mesothelioma victims and their
families.

The group never realized that there was no safety net for
victims, to get help from the government or Veterans Affairs.
They did not know how difficult it might be to get veterans
benefits or social security benefits.

Americas Watchdog also discovered that it is critical for
victims of this lethal disease to get proper legal
representation. They have designed the Mesothelioma Victims
Center to be the national advocacy center for the victims and
family members of Mesothelioma. Their service is free.

The web site is located at http://MesotheliomaVictimsCenter.com.

A victim of Mesothelioma or their family can call the group any
time at 866-714-6466.


ASBESTOS LITIGATION: Welding Site in Conn. Scheduled for Cleanup
----------------------------------------------------------------
An abandoned Newington, Conn., industrial site, which is a
former National Welding factory and contains large amounts of
asbestos, is scheduled for environmental remediation,
Asbestos.com reports.

Town officials plan to clean up the location for commercial
development purposes, and will be soliciting bids from
developers over the next few months.

Dave Hurley, an environmental engineer, has told the council
that the property will cost more to clean up than it is
currently worth. Mr. Hurley is with the consulting firm Fuss &
O'Neill, which carried out an environmental study on the site.

The site has been unused since 1994. According to Mayor Jeff
Wright, the owner currently owes more than US$1 million in back
taxes. The town filed a foreclosure suit against the owners,
National Acme Inc., in 2003.

Town manager John Salomone says Newington plans to apply for
state funding under a program that provides money to help pay
for brownfields remediation.

Brownfield is the term used to describe sites that are federally
designated as being contaminated. The Brownfield Redevelopment
Program offers financial incentives for firms who redevelop old
industrial and commercial properties that are contaminated with
hazardous substances.

The U.S. Environmental Protection Agency's Brownfields Program
is designed to empower states, communities, and other
stakeholders to work together, clean up, and sustainably reuse
brownfields.


ASBESTOS LITIGATION: UK Insurers Contest Plan on Pleural Plaques
----------------------------------------------------------------
The Association of British Insurers, on July 14, 2008, said that
the Scottish National Party government's plan to overrule the
House of Lords on exposure to asbestos could damage Scotland's
prosperity, Financial Times reports.

The Scottish National Party government intends to reverse a
House of Lords judgment that means thousands of workers exposed
to asbestos lost the right to claim compensation if they
subsequently developed pleural plaques.

However, the ABI warned that this policy divergence could lead
to higher insurance premiums for businesses based in Scotland.
The ABI said, "Businesses could think twice about locating in
Scotland if they face a two-tier compensation system."

The Law Lords ruled in October 2007 that pleural plaques, which
indicate exposure to asbestos but do not generally cause
symptoms, did not amount to a "compensatable injury."

The ruling reversed the long-standing practice of providing
compensation of up to GBP20,000 in such cases.

In June 2008, the Scottish government published a bill to ensure
that people who had been negligently exposed to asbestos and who
were diagnosed with pleural plaques could continue to raise
actions for damages.


ASBESTOS LITIGATION: Carlisle Housing Probe Launched on July 16
---------------------------------------------------------------
An investigation into claims that the Carlisle Housing
Association in Carlisle, England, had broken rules on handling
asbestos was launched on July 16, 2008, News & Star reports.

The allegations were highlighted when Carlisle City Council met
on July 15, 2008.

William Whalen, an official of the Union of Construction, Allied
Trades and Technicians (UCATT), was there to present a petition
calling for Carlisle Housing Association to be wound up and its
6,140 homes handed back to the council.

Mr. Whalen produced a lump of asbestos, safely wrapped, and
brandished it at councilors. He said, "This is asbestos taken
from one of the houses. It was swept up with a shovel, thrown
onto a flat wagon and taken to a dump."

The claim brought an immediate response from Councilor Ray
Bloxham, the environmental portfolio holder. Councilor Bloxham
promised to instigate an inquiry.

However, Mr. Whalen failed to persuade councilors to reverse the
transfer of council houses to Carlisle Housing Association that
took place in 2002.

Councilors voted to take no action after receiving a report from
development director Catherine Elliot, saying legal, financial
and contractual issues would make the reversal of the housing
transfer "non-feasible."


ASBESTOS LITIGATION: MoJ Plans Payout Scheme for Plaques Victims
----------------------------------------------------------------
People with pleural plaques will receive compensation of up to
GBP5,000 to bypass a shock court ruling under plans set out on
July 9, 2008, The Northern Echo reports.

A U.K. government consultation paper proposed a "no fault"
scheme to speed payouts to people with pleural plaques. The
condition will become an increasing problem in areas such as the
North-East, because of the region's history of heavy industry.

Payouts of GBP5,000 to GBP7,000 were common for 20 years before
the Law Lords decided in 2007 that insurance firms were not
liable, a ruling described as "outrageous" by Labour MPs.

However, the proposals will anger campaigners by rejecting calls
to overturn that ruling, despite the Scottish government's
pledge to do so.

Changing the law would cost up to GBP28.6 billion and open the
floodgates to compensation for workers worried about exposure to
passive smoking, or to the sun in the building industry, the
document warns.

Furthermore, it suggests pleural plaque sufferers who developed
the condition before the Law Lords ruling on Oct. 17, 2007
should receive payouts.

Taxpayers, rather than the insurance industry, are likely to
fund the scheme and plans for insurance firms to partly fund a
register of all pleural plaques sufferers have been ditched as
"disproportionate."

The proposals were quickly condemned by Labour MP Michael
Clapham, who said, "The disease is caused by negligent exposure
to asbestos, which causes a physiological change, and the victim
should be compensated.

"This is a working class disease and there is no doubt that had
it been a middle class disease, the judges would have contrived
a way to pay compensation."

More than 2,000 people died from mesothelioma across the region
during the 25 years to 2005, according to official figures.

Among the black spots, measured by the mortality rate (MR) where
100 is the national average, were South Tyneside (317),
Hartlepool (240), Sunderland (230). Stockton (211) and Redcar
and Cleveland (167).

However, the death toll is expected to rise, peaking as high as
2,450 deaths a year across Britain by 2015, compared with only
153 in 1968.

Among the many uses of asbestos was as insulation in ships,
exposing workers during fitting-out and ship breaking, with
carpenters, joiners, plumbers and heating engineers particularly
at risk.

However, the consultation, issued by the Ministry of Justice,
says "no causal link has been established between pleural
plaques and the development of asbestos-related diseases".

Although payouts of GBP5,000 are suggested, the consultation
says a lower figure may be more appropriate, adding: "This is
likely to be necessary to make a no-fault scheme affordable."





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news on asbestos-related litigation and profiles of target
asbestos defendants that, according to independent research,
collectively face billions of dollars in asbestos-related
liabilities.                         

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