/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/081119.mbx C L A S S A C T I O N R E P O R T E R Wednesday, November 19, 2008, Vol. 10, No. 230 Headlines BAUSCH & LOMB: N.Y. Court Dismisses Consolidated Securities Suit EXTENDICARE HOMES: Faces Consumer Fraud Litigation in Wisconsin FARMLAND FOODS: Faces Suit in Nebraska Alleging FLSA Violations FREIGHTCAR AMERICA: Court Mulls Approving "Pollak" Settlement GASOLINE COMPANIES: Ontario Judge Authorizes Price-Fixing Suit HARLEY-DAVIDSON: Awaits Ruling on Bid to Dismiss ERISA Lawsuit HARLEY-DAVIDSON: Ruling on Securities Suit Dismissal Bid Pending HOLLINGER INC: Ontario Court Approves Shareholder Suit Agreement MCDONALD'S CORP: Faces Overtime Pay Litigation in Delaware Court STRATEGIC RESOURCE: Faces Tenn. Suit Over Layoff of Mineworkers STRYKER CORP: Faces Product Liability Litigation in New Jersey VICTORIA'S SECRET: Parker Waichman Files Consumer Fraud Lawsuit WASTE MANAGEMENT: Lawsuit Over FCLA Violations in Early Stages WASTE MANAGEMENT: Wage, Hour Lawsuits Still Pending in Calif. * Schiffrin Barroway Topaz & Kessler, LLP Announces Name Change * Study Reveals Asians Resist Joining Class Action Claims New Securities Fraud Cases DAKTRONICS INC: Brodsky & Smith Announces Securities Suit Filing NOAH EDUCATIONAL: Bruce G. Murphy Announces Stock Suit Filing SADIA S.A.: Pomerantz Haudek Files Securities Fraud Suit in N.Y. TALEO CORP: Johnson & Perkinson Announces Securities Suit Filing Meetings, Conferences & Seminars * Scheduled Events for Class Action Professionals * Online Teleconferences ********* BAUSCH & LOMB: N.Y. Court Dismisses Consolidated Securities Suit ---------------------------------------------------------------- The U.S. District Court for the Western District of New York dismissed a consolidated securities fraud class action pending against Bausch & Lomb Inc., The Rochester Democrat and Chronicle reports. The suit, "In re Bausch & Lomb Inc. Securities Litigation, Case Nos. 06-cv-6294 (master file), 06-cv-6295, 06-cv-6296, and 06- cv-6300," was filed against the company and certain of its present and former officers and directors (Class Action Reporter, Aug. 28, 2007). Initially, four separate shareholder actions were filed between March and May of 2006 in U.S. District Court for the Southern District of New York, and these were later transferred to the Western District of New York and consolidated into the above captioned matter. The plaintiffs in these actions purport to represent a putative class of shareholders who purchased Company stock at allegedly artificially inflated levels between Jan. 27, 2005 and May 3, 2006. Among other things, plaintiffs allege that defendants issued materially false and misleading public statements regarding the Company's financial condition and operations by failing to disclose negative information relating to the Company's Brazilian and Korean subsidiaries, internal controls, and problems with the Company's MoistureLoc multipurpose solution (MoistureLoc), thereby inflating the price of Company stock during the alleged class period. The plaintiffs seek unspecified damages. On Nov. 13, 2008, Judge Michael A. Telesca issued an order dismissing the case stating that the plaintiffs failed to show that the defendants were aware of or covered up problems at the foreign subsidiaries before they were reported to senior management, or that those subsidiaries were large enough that the company was reckless in relying on those subsidiaries' own audits, according to the Rochester Democrat and Chronicle report. The Rochester Democrat and Chronicle reported that Judge Telesca's ruling also said that there was no proof that stock trades done by the company upper executives before subsidiary account problems came to light were suspicious or questionable and that the company was justified in thinking early reports of eye infection problems potentially related to MoistureLoc were not statistically significant enough to pull the product sooner. The suit is "In re Bausch & Lomb Inc. Securities Litigation, Case Nos. 06-cv-6294," filed in the U.S. District Court for the Western District of New York, Judge Michael A. Telesca presiding. Representing the plaintiffs are: Jai Kamal Chandrasekhar, Esq. (jai@blbglaw.com) Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas, 38th Floor New York, NY 10019 Phone: (212) 554-1400 Fax: 212-554-1444 - and - K. Wade Eaton, Esq. (kwe@cdlawyers.com) Chamberlain, D'Amanda, Oppenheimer & Greenfield 1600 Crossroads Building, Two State Street Rochester, NY 14614 Phone: 585-232-3730 Fax: 585-232-3882 Representing the defendants is: Carolyn G. Nussbaum, Esq. (cnussbaum@nixonpeabody.com) Nixon Peabody, LLP Clinton Square, P.O. Box 31051, Rochester, NY 14603 Phone: (585) 263-1558 Fax: 866-947-0625 EXTENDICARE HOMES: Faces Consumer Fraud Litigation in Wisconsin --------------------------------------------------------------- Extendicare Homes, Inc. faces a purported class-action lawsuit in the Circuit Court for Milwaukee County, which contends that the nursing home company fraudulently advertised its services and deliberately admitted more acutely ill residents without hiring enough staff to properly care for them, Ben Poston of The Milwaukee Journal Sentinel reports. The lawsuit says Extendicare violated the state's Consumer Protection Act through false advertising that lured residents into believing they would receive good care at nursing homes that were cited for health violations by state regulators, according to the The Milwaukee Journal Sentinel report. The complaint also says the company's "24/7 Extendicare Admission Policy" was designed to automatically admit patients who have acute medical conditions such as hepatitis B, or who require dialysis or therapy. Nursing homes are reimbursed at higher rates for more acutely ill residents, The Milwaukee Journal Sentinel reported. The goal of this policy, also known as the "Green Flag" policy, is to admit the sickest patients regardless of a nursing home's staffing level, according to Jay Urban of Milwaukee law firm Urban & Taylor, who filed the suit. Madison law firm Boller & Vaughan is co-counsel in the lawsuit. Mr. Urban told The Milwaukee Journal Sentinel, "They are putting profits ahead of people. You can't take in higher acuity people unless you provide higher acuity care." The Milwaukee Journal Sentinel reported that the suit was filed on behalf of Ann Jones, a former three-year resident at the Willows Nursing and Rehabilitation Center in Sun Prairie, and anyone who resided in the company's 26 Wisconsin nursing homes in the past three years. FARMLAND FOODS: Faces Suit in Nebraska Alleging FLSA Violations --------------------------------------------------------------- Farmland Foods and Smithfield Foods are facing a purported class-action lawsuit in the U.S. District Court for the District of Nebraska, alleging violations of the Fair Labor Standards Act, The Associated Press reports. The suit was filed by Mauricio Guarjardo of Columbus and Maria Guzman Morales of Dorchester on Nov. 13, 2008. It was brought on behalf of themselves and current and former employees going back to September 2005. The plaintiffs are former employees at a Crete slaughterhouse who claim that they weren't paid for work away from the production line are suing. In general, the suit alleges that hourly employees haven't been paid for time spent dressing in protective gear, sanitizing tools, sharpening knives and walking to work stations, among other things, according to The Associated Press. The suit is "Morales et al v. Farmland Foods et al., Case No. 8:08-cv-00504-FG3," filed in the U.S. District Court for the District of Nebraska, Judge F. A. Gossett, presiding. Representing the plaintiffs are: Philip A. Downey, Esq. (downeyjustice@gmail.com) Downey Law Firm P.O. Box 736 Unionville, PA 19375 Phone: (610) 324-2848 Fax: (610) 347-1073 - and - Christopher P. Welsh, Esq. (cwelsh@welsh-law.com) Welsh, Welsh Law Firm 9290 West Dodge Road 100 The Mark Omaha, NE 68114 Phone: (402) 384-8160 Fax: (402) 384-8211 FREIGHTCAR AMERICA: Court Mulls Approving "Pollak" Settlement ------------------------------------------------------------- The U.S. District Court for the Western District of Pennsylvania has yet to make a decision in regards to a tentative settlement reached in the purported class-action lawsuit, "Hayden, et al v. Freightcar America, Inc., Case No. 3:07-cv-00201-KRG," which generally alleges violations of the Employee Retirement Income Security Act of 1974, WJACTV.com reports. On Aug. 15, 2007, a lawsuit was filed against FreightCar America in the U.S. District Court for the Western District of Pennsylvania by Samuel W. Pollak, Jr., and Robert A. Hayden, Jr., on behalf of themselves and others similarly situated (General Corporate Litigation Updates, Dec 28, 2007). The plaintiffs were subsequently amended to Kenneth J. Sowers, Anthony J. Zanghi and Robert A. Hayden, Jr. The plaintiffs are employees at the Company's Johnstown, Pennsylvania manufacturing facility and allege that they and other workers at the facility were laid off by the Company to prevent them from becoming eligible for certain retirement benefits, in violation of federal law. The lawsuit seeks, among other things, an injunction requiring the Company to return the laid-off employees to work. About 100 workers, who are part of a class-action lawsuit, were laid off when the plant stopped production in 2007. They were supposed to get their pensions, but many were laid off just shy of their eligibility, according to WJACTV.com. Judge Kim R. Gibson had already decided that the company was in the wrong for trying to skimp on paying the pensions and a settlement was worked out for several million dollars between the company and the United Steel Workers Union. WJACTV.com reported that on Nov. 17, 2008, former workers at a Johnstown installation packed into a federal courtroom hoping to hear a decision about the settlement. The judge was expected to make a call on the deal, but so far no decision has been handed down. However, the judge did say that he will make a decision soon though he wants to put his explanation in writing. Asked for comment about the amount workers might receive, attorney John Stember, Esq., who is representing the workers told WJACTV.com, "We can't put an exact dollar figure on it (the settlement)." He added, "The special pensions provide them with a lot more than just a regular pension. I think a fair estimate would be in the $10 million to $20 million range." WJACTV.com reported that during the Monday hearing, there were also about 20 objections to the settlement, not from members of the class-action lawsuit, but by other men trying to get in on the settlement. They worked for Freightcar for 20 years, but are too young to be eligible for pensions. Attorneys on both sides said they feel bad for the men, but it should really have no baring on the judge's decision. The suit is "Hayden, et al v. Freightcar America, Inc., Case No. 3:07-cv-00201-KRG," filed in the U.S. District Court for the Western District of Pennsylvania, Judge Kim R. Gibson, presiding. Representing the plaintiffs is: John Stember, Esq. (jstember@stemberfeinstein.com) Stember Feinstein Doyle & Payne, LLC 429 Forbes Avenue 1705 Allegheny Building Pittsburgh, PA 15219-1639 Phone: (412) 281-8400 Fax: (412) 281-1007 Representing the defendants is: Joseph P. Milcoff, Esq. (jmilcoff@reedsmith.com) Reed Smith 435 Sixth Avenue Pittsburgh, PA 15219-1886 Phone: (412) 288-4108 GASOLINE COMPANIES: Ontario Judge Authorizes Price-Fixing Suit -------------------------------------------------------------- Quebec Superior Court Justice Jacques Leger has authorized Montreal motorist Catherine Savoie to proceed with a class- action lawsuit against the country's four major gasoline companies, alleging they colluded with each other to raise the price of gasoline in the province in early 2007, Mike King of the Canwest News Service reports. Ms. Savoie had sought permission in January 2007 to sue Imperial Oil Ltd., Petro-Canada, Shell Canada, and Ultramar Ltd., claiming they conspired to fix prices when they increased the cost of their gas by 1.3 cents a liter that month under the pretext of protecting themselves from the imposition of a "green tax" announced by the provincial government to finance its sustainable development plan - even though the levy wasn't yet payable at the time, according to the Canwest News Service. The suit seeks damages equivalent to the 1.3 cent-per-litre surcharge from Jan. 1-11, 2007, as well as CDN100 in exemplary damages per motorist who bought gas from stations belonging to or displaying the banner of one of the defendants. The Canwest News Service reported that Ms. Savoie's motion contends the oil companies were making CDN5 million a week from the price hike her lawyers argue was deliberately designed to offset Quebec's planned CDN200 million green fund aimed at financing the government's new environmental plan to reduce greenhouse gases by taxing oil and gas companies. Commenting on the lawsuit, local lawyer Bruce Johnston of Trudel & Johnston, the firm representing Savoie and the other class members, told the Canwest News Service, "It is the first class action authorized in Quebec based on the Competition Act." Mr. Johnston notes, "We suggested to the court that on the merits, because each individual claim would be small, the funds collected illegally should be paid as a reparatory measure instead of having people present their claims individually." He added, "The money could thus be paid to organizations devoted to protect the environment and/or to the green fund itself." HARLEY-DAVIDSON: Awaits Ruling on Bid to Dismiss ERISA Lawsuit -------------------------------------------------------------- The U.S. District Court for the Eastern District of Wisconsin has yet to rule on a motion seeking the dismissal of a purported class action lawsuit against against Harley-Davidson, Inc., over alleged violations of the Employee Retirement Income Security Act of 1974. The ERISA class-action suit was filed on Aug. 25, 2005, in the U.S. District Court for the Eastern District of Wisconsin. On Feb. 15, 2006, the court consolidated the ERISA action with separate federal derivative and securities actions for administrative purposes. The ERISA plaintiff filed an amended class action complaint, which named as defendants: -- the company, -- the Harley-Davidson Motor Company Retirement Plans Committee, -- the company's Leadership and Strategy Council, and -- current or former company officers or employees: * Harold A. Scott, * James L. Ziemer, * James M. Brostowitz, * Gail A. Lione, * Joanne M. Bischmann, * Karl M. Eberle, * Jon R. Flickinger, * Ronald M. Hutchinson, * James A. McCaslin, * W. Kenneth Sutton, Jr., and * Donna F. Zarcone. In general, the ERISA complaint alleges on behalf of participants in certain Harley-Davidson retirement savings plans that the plan fiduciaries breached their ERISA fiduciary duties. On Dec. 18, 2006, the defendants filed a motion to dismiss the ERISA complaint in its entirety. Briefing of the motion to dismiss was completed in April 2007. The company reported no further development in the matter in its July 31, 2008 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 29, 2008. The suit is "Bosman v. Harley-Davidson Inc., et al., Case No. 2:05-cv-00912-CNC," filed in the U.S. District Court for the Eastern District of Wisconsin, Judge Charles N. Clevert, Jr., presiding. Representing the plaintiffs are: Noah M. Golden-Krasner, Esq. (noah@mainstreetjustice.com) Law Offices of Noah Golden-Krasner 354 W. Main St. Madison, WI 53703 Phone: 608-441-8924 Fax: 608-442-9494 - and - Thomas J. McKenna, Esq. Gainey & McKenna 485 5th Ave., 3rd Fl. New York, NY 10017 Phone: 212-983-1300 Representing the defendants are: Charles C. Jackson, Esq. (charles.jackson@morganlewis.com) Morgan Lewis & Bockius, LLP 77 W. Wacker Dr. - 5th Fl. Chicago, IL 60601 Phone: 312-324-1156 Fax: 312-324-1001 - and - Nancy J. Sennett, Esq. (nsennett@foley.com) Rebecca E. Wickhem, Esq. (rwickhem@foley.com) Foley & Lardner, LLP 777 E. Wisconsin Ave. Milwaukee, WI 53202-5300 Phone: 414-297-5522 414-297-5681 Fax: 414-297-4900 414-297-4900 HARLEY-DAVIDSON: Ruling on Securities Suit Dismissal Bid Pending ---------------------------------------------------------------- The U.S. District Court for the Eastern District of Wisconsin has yet to rule on a motion seeking the dismissal of a consolidated securities fraud class action lawsuit filed against Harley- avidson, Inc., and certain of its officers. Initially, a number of shareholder class action complaints were filed between May 18, 2005, and July 1, 2005. On Feb. 14, 2006, the court consolidated all of the actions into a single case, captioned, "In re Harley-Davidson, Inc. Securities Litigation, Case No. 05-CV-00547," and lead plaintiffs were appointed. The lead plaintiffs filed a consolidated class action complaint naming the company and officers Jeffrey L. Bleustein, James L. Ziemer, and James M. Brostowitz, as defendants. The consolidated complaint alleges securities law violations and seeks unspecified damages relating generally to the company's April 13, 2005 announcement that it was reducing short-term production growth and planned increases of motorcycle shipments from 317,000 units in 2004 to a new 2005 target of 329,000 units (compared to its original target of 339,000 units). On Dec. 18, 2006, the defendants filed a motion to dismiss the consolidated complaint in its entirety. Briefing of the motion to dismiss was completed in April 2007. The company reported no further development in the matter in its Oct. 30, 2008 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 28, 2008. The suit is "In re Harley-Davidson, Inc. Securities Litigation, Case No. 05-CV-00547," filed in the U.S. District Court for the Eastern District of Wisconsin, Judge Charles N. Clevert, Jr., presiding. Representing the plaintiffs are: Darren J. Robbins, Esq. (RRobbins@csgrr.com) Coughlin Stoia Geller Rudman & Robbins LLP 120 East Palmetto Park Road, Suite 500 Boca Raton, FL 33432 Phone: 561-750-3000 888-262-3131 Fax: 561-750-3364 - and - Jacques C. Condon, Esq. (jcc@halewagner.com) Hale & Wagner SC 205 E Wisconsin Ave - Ste 300 Milwaukee, WI 53202-4207 Phone: 414-278-7000 Fax: 414-278-7590 Representing the defendants are: Sari M. Alamuddin, Esq. (salamuddin@morganlewis.com) Morgan Lewis & Bockius LLP 77 W Wacker Dr - 5th Fl Chicago, IL 60601 Phone: 312-324-1158 Fax: 312-324-1001 - and - Rebecca Wickhem House, Esq. (rwickhemhouse@foley.com) Foley & Lardner LLP 777 E Wisconsin Ave Milwaukee, WI 53202-5300 Phone: 414-297-5681 Fax: 414-297-4900 HOLLINGER INC: Ontario Court Approves Shareholder Suit Agreement ---------------------------------------------------------------- TORONTO, ONTARIO, Nov 16, 2008 -- Hollinger Inc. ("Hollinger") (TSX: HLG.C)(TSX: HLG.PR.B) announced today that the Ontario Superior Court of Justice (the "Ontario Court") issued an order on November 14, 2008 granting its preliminary approval of a settlement (the "Settlement") among certain parties to a class action lawsuit initiated by certain shareholders of Hollinger and Sun-Times Media Group, Inc. ("Sun- Times"). Proceedings in the class action have been stayed until further order of the Ontario Court. The order will be set aside if the Settlement is not subsequently approved by all applicable courts or if the Settlement is terminated by the settling defendants. A final hearing to approve the Settlement will be scheduled by the Ontario Court on a date not less than 30 days following a final approval hearing in the United States District Court for the Northern District of Illinois. The settling defendants include Hollinger, Sun-Times and KPMG LLP (Canada), among others. Torys LLP is not a party to the Settlement. Under the Settlement, certain insurers of Hollinger will pay US$30 million and KPMG LLP (Canada) and KPMG LLP (U.S.) will collectively pay US$7.5 million into a settlement fund. Hollinger and its subsidiaries, Sugra Ltd. and 4322525 Canada Inc., are currently subject to proceedings in Canada under the Companies' Creditors Arrangement Act (Canada) and in the United States under Chapter 15 of the U.S. Bankruptcy Code. The securities of Hollinger are subject to a cease trade order issued by the Ontario Securities Commission on July 23, 2008. Hollinger's common shares and Series II preference shares were delisted from the Toronto Stock Exchange on August 22, 2008. MCDONALD'S CORP: Faces Overtime Pay Litigation in Delaware Court ---------------------------------------------------------------- PHILADELPHIA, Nov. 17, 2008 -- An amended collective action complaint has been filed in the United States District Court for the District of Delaware against McDonald's Corporation on behalf of all "Assistant Managers" nationwide employed at the more than 2,000 McDonald's corporate owned and operated restaurants. The lawsuit alleges that McDonald's Corp. violated the federal statute the Fair Labor Standards Act by requiring its employees training for the Assistant Manager position to work in excess of 40 hours per week without the legally mandated overtime pay. The lead plaintiffs, Alissa Justison and Joseph Capitani, Jr., both previously worked as Assistant Managers for McDonald's, where they both underwent a standard training period. Despite their "Assistant Manager" job title, the complaint alleges that Justison, Capitani and other Assistant Managers spent most of their time during the training period doing the work of the other hourly employees at the restaurants where they worked, primarily cooking, serving food and cleaning trash. During the training period, they did not have any management authority or discretion, according to the lawsuit; meaning the employees are entitled to overtime pay for working more than 40 hours a week. However, the collective action lawsuit claims that McDonald's willfully and systematically fails to pay these employees any overtime pay, despite requiring 45, 50 or even 60 hours of work a week during the training period. "This is an obvious violation of the overtime laws," said Joshua Konecky of Schneider Wallace Cottrell Brayton Konecky LLP. "It is disappointing that in this day and age, a major corporate power like McDonald's would make such a transparent attempt to deny thousands of their employees the overtime pay they deserve." In addition, the suit alleges that the Assistant Managers were assigned special McDonald's workbooks to complete at home without pay and were also required to provide up to three hours per day of uncompensated transportation to and from training sites. Once the training period was completed, the Assistant Managers still did not have the level of discretion and control over McDonald's operations to make them true managers, added Mr. Konecky. This case is being prosecuted by a consortium of law firms including Philadelphia-based Berger & Montague, P.C., San Francisco-based Schneider Wallace Cottrell Brayton Konecky LLP, and Delaware-based Martin & Wilson, P.A. All current and former Assistant Managers who have participated in McDonald's training program at any corporate-owned restaurants at any time since July 18, 2005 are potentially class members in this case and can join the lawsuit. For more details, contact: Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103 Phone: 1-800-424-6690 Fax: 215-875-4604 Web site: http://www.bergermontague.com/ Schneider Wallace Cottrell Brayton Konecky LLP 180 Montgomery Street, Suite 2000 San Francisco, California 94104 Phone: (415) 421-7100 or (800) 689-0024 Fax: (415) 421-7105 e-mail: info@schneiderwallace.com - and - Martin & Wilson, P.A. 1508 Pennsylvania Avenue Wilmington, DE 19806 Phone: 302-777-4681 Fax: 302-777-5803 Web site: http://www.martinandwilson.com/ STRATEGIC RESOURCE: Faces Tenn. Suit Over Layoff of Mineworkers --------------------------------------------------------------- Strategic Resource Acquisition is facing a purported class- action lawsuit that was filed by a group workers of a zinc mine in Gordonsville, Tennessee have filed a purported class-action lawsuits against, WSMV reports. The Canadian company is the owner of the mine, which it shut down, because of the low price of zinc. The company reasoned tat it currently costs more to get the mineral out of the ground than it's worth. According to WSMV, the laid off workers contend that under federal and state laws, when a company has a mass layoff, it is supposed to warn its employees 60 days ahead of time. If it doesn't, the company can be required to pay those workers 60 days pay. Some workers said that had they known a shutdown was coming, they could have saved more money. If the workers win their lawsuit, WSMV reports that the company can be forced to pay their attorneys' fees. STRYKER CORP: Faces Product Liability Litigation in New Jersey -------------------------------------------------------------- Stryker Corp. is facing a purported product liability class- action lawsuit in New Jersey over a squeaky ceramic-on-ceramic hip, Ortho SuperSite reports. The litigation is over Stryker's Trident Ceramic Acetabular System. It was filed by plaintiff Jama Parker in the U.S. District Court for the District of New Jersey. That case is still pending, according to the Ortho SuperSite report. VICTORIA'S SECRET: Parker Waichman Files Consumer Fraud Lawsuit --------------------------------------------------------------- GREAT NECK, N.Y., Nov. 17, 2008 -- Parker Waichman Alonso LLP announces that it has filed suit on behalf of a woman who suffered an adverse reaction as a result of undergarments/intimate apparel designed, manufactured, marketed, assembled, inspected, sold and/or distributed by Victoria's Secret Stores. The lawsuit was filed in the U.S. District Court for the Southern District of Florida, Palm Beach Division (Docket Number: 08-cv-81367). The injured party, a resident of Florida, purchased and used undergarments/intimate apparel from Victoria's Secret Stores. After wearing the apparel, the injured party suffered a reaction manifested by itching, blistering of the skin and a rash. It is unknown at this time as to whether her reaction will result in permanent injury. The lawsuit alleges that Victoria's Secret Stores and other entities including the parent company Limited Brands, Inc. misrepresented the safety of their undergarments/intimate apparel. The lawsuit also charges that Victoria's Secret Stores knew or should have known the undergarments/intimate apparel were defective, and failed to warn of the dangers posed by the products. The lawsuit is seeking compensation for physical and economic injuries caused by the defective Victoria's Secret undergarments/intimate apparel, including any and all medical expenses incurred on behalf of all affected persons and the return of their purchase price. Intimate apparel/undergarments sold by Victoria's Secret Stores have been the subject of numerous complaints by women who say they sustained serious and painful rashes, hives and scarring, allergic reactions, contact dermatitis, blistering, itching, systemic reactions and other health problems. According to media reports, preliminary investigation of these claims has revealed that some items sold by Victoria's Secret tested positive for the presence of the chemical formaldehyde. Formaldehyde is used in the textile industry to make fabrics crease-resistant. Individuals have been known to develop formaldehyde allergic reactions and other health problems through skin contact with clothing containing formaldehyde. For more details, contact: Fred R. Rosenthal, Managing Attorney Parker Waichman Alonso LLP Phone: (800) LAW-INFO or (800) 529-4636 e-mail: info@yourlawyer.com Web site: http://www.yourlawyer.com WASTE MANAGEMENT: Lawsuit Over FCLA Violations in Early Stages -------------------------------------------------------------- A purported class-action lawsuit alleging that Waste Management, Inc. violated the Fair Labor Standards Act is in the early stages of the legal process. The lawsuit was filed in August 2008, in federal court in Minnesota. The company has filed a motion to dismiss, alleging lack of jurisdiction. The company denies all of these claims and intends to defend these matters, according to its Oct. 30, 2008 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2008 Waste Management, Inc. -- http://www.wm.com/-- is a provider of integrated waste services in North America. Through its subsidiaries, the company provides collection, transfer, recycling, disposal and waste-to-energy services. WASTE MANAGEMENT: Wage, Hour Lawsuits Still Pending in Calif. ------------------------------------------------------------- Waste Management, Inc., continues to face two separate wage and hour lawsuits pending in California, which are each seeking class-action status. Both actions make the same general allegations that the defendants failed to comply with certain California wage and hour laws, including allegedly failing to provide meal and rest periods, and failing to properly pay hourly and overtime wages. The company reported no development in the matters in its Oct. 30, 2008 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 30, 2008. Waste Management, Inc. -- http://www.wm.com/-- is a provider of integrated waste services in North America. Through its subsidiaries, the company provides collection, transfer, recycling, disposal and waste-to-energy services. * Schiffrin Barroway Topaz & Kessler, LLP Announces Name Change --------------------------------------------------------------- RADNOR, Pa., Nov 17, 2008 (BUSINESS WIRE) -- The class action law firm formerly known as Schiffrin Barroway Topaz & Kessler, LLP today announced that it has changed its name to Barroway Topaz Kessler Meltzer & Check, LLP. The firm has added Joseph H. Meltzer and Darren J. Check as named partners. "We are pleased to recognize Joe and Darren's achievements, and we now have an exceptional management team to meet our clients' evolving needs and cement our leadership position in all of our practice areas," said David Kessler. Mr. Meltzer leads the firm's ERISA Litigation Department, which is lead counsel in numerous nationwide class actions brought under ERISA. He also manages the firm's Antitrust and Consumer Protection practice groups. He is an honors graduate of the University of Maryland and received his law degree with honors from Temple University School of Law. Mr. Check concentrates his practice in the areas of securities litigation and institutional investor relations. He is the firm's Director of Institutional Relations and runs the firm's Business Development and Portfolio Monitoring Departments. Mr. Check is a graduate of Franklin & Marshall College where he received a degree in History, with honors. He received his law degree from Temple University School of Law. Andrew Barroway, the firm's founding partner, said: "Adding Joe and Darren as named partners will help ensure that our firm will maintain the professional excellence that our clients require and deserve." * Study Reveals Asians Resist Joining Class Action Claims --------------------------------------------------------- A comprehensive study has revealed that Asian investors are missing out on billions of dollars by not taking part in class- action lawsuits against U.S. companies whose managers have been accused of improper corporate behavior, Sundeep Tucker of The Financial Times reports. According to the study, which was undertaken by the Goal Group, a class-action services specialist, pension and asset managers in the region failed to claim a combined $1.5bn in compensation between 2000 and 2007. In addition, the U.K.-based firm's study revealed that the subprime-related crisis has triggered a wave of class-action lawsuits and Asian investors are likely to miss out on billions more in the coming years unless they take steps to recoup money, The Financial Times reported. The study, according to FT, found that institutional investors in Japan, Singapore and Hong Kong were the hardest hit by their failure to participate in U.S. securities class-action suits. About three out of four Asian investors fail to claim what they are entitled to - a higher ratio than in the U.S. or Europe. The Financial Times reported that investors typically need to register with a lead plaintiff or law firm filing a class action lawsuit but Asian shareholders have traditionally been culturally averse to corporate confrontation or have shied away because of their perceived inability to track an often complicated claims process. Stephen Everard, managing director of Goal, told The Financial Times, "There is a clear duty of care for institutional investors in Asia to register claims in US courts on behalf on their clients but our research shows that non-participation is costing these investors dearly." Mr. Everard added that a downturn in filings in 2006 raised the possibility that shareholder class actions were on the wane. He noted, however, "We have seen renewed vigour in the courts and an overall increase in filings inspired by the international credit crisis." In 2007, FT reports that about 32 class-action lawsuits relating to subprime were filed in the U.S., mainly against mortgage firms and lenders. Attorneys forecast that the global financial crisis would spawn hundreds of further class actions against financial institutions that have taken writedowns. U.S. courts often set strict time limits on claims and the Goal Group estimates that the bulk of the $1.5bn awarded to Asian investors between 2000 and 2007 is now lost. Unclaimed proceeds are typically handed to charity or as extra compensation to those who registered to claim, The Financial Times reported According to the Goal Group, almost $12bn in settlements, to which shareholders were entitled, was not reclaimed through class-action lawsuits from 2000 to 2007. The list includes settlements against Enron, Worldcom, Parmalat and Royal Dutch Shell. New Securities Fraud Cases DAKTRONICS INC: Brodsky & Smith Announces Securities Suit Filing ---------------------------------------------------------------- Law offices of Brodsky & Smith, LLC announces that a class action lawsuit has been filed on behalf of all persons who purchased the common stock of Daktronics Inc. ("Daktronics" or the "Company") (NASDAQ: DAKT) between November 15, 2006 and April 5, 2007 (the "Class Period"). The class action lawsuit was filed in the United States District Court for the District of South Dakota. The Complaint alleges that defendants violated federal securities laws by issuing a series of material misrepresentations to the market, thereby artificially inflating the price of Daktronics. No class has yet been certified in the above action. Until a class is certified, you are not represented by counsel unless you retain one. If you are a Daktronics shareholder you have certain rights. To be a member of the class you need not take any action at this time, and you may retain counsel of your choice. If you want to discuss your legal rights, you may e-mail or call the law office of Brodsky & Smith, LLC who will, without obligation or cost to you, attempt to answer your questions. You may For more details, contact: Evan J. Smith, Esq. Marc L. Ackerman, Esq. Brodsky & Smith, LLC Two Bala Plaza, Suite 602 Bala Cynwyd, PA 19004 Phone: 877-LEGAL-90 e-mail: clients@brodsky-smith.com NOAH EDUCATIONAL: Bruce G. Murphy Announces Stock Suit Filing ------------------------------------------------------------- VERO BEACH, Fla., Nov 17, 2008 -- The Law Offices of Bruce G. Murphy announces that a class action lawsuit was filed on behalf of all persons who purchased the American Depository Shares ("ADS") of Noah Education Holdings Ltd. ("Noah" or the "Company"). A copy of the complaint filed in this action is available from the United States District Court for the Southern District of New York, or can be obtained by calling (772) 231-4202 or sending an email to bgm@brucemurphy.biz. If you purchased the ADS of Noah on the date of the Company's public offering on October 18, 2007 (the "Offering") or purchased ADS traceable thereto (the "Class Period"), and sustained damages, you may, no later than December 26, 2008, request that the Court appoint you as lead plaintiff. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain the Law Offices of Bruce G. Murphy, or other counsel of your choice, to serve as your counsel in this action. The case is styled, "Sebik v. Noah Education Holdings Ltd., et al." The action is pending in the United States District Court for the Southern District of New York against the Company, and certain of its officers. According to the complaint, defendants violated Sections 11 and 15 of the Securities Act of 1933 (the "Securities Act"), 15 U.S.C. 77k, 77l and 77o (the "Class"). The Complaint asserts that Noah's Prospectus contained both material misstatements and omissions, which Plaintiff and the Class relied upon to their detriment. The representations made in the Company's Prospectus were materially false and misleading because at the time of the Offering, Noah was already suffering from several adverse factors that were not revealed and/or adequately addressed in the document. These factors include, but are not limited to: -- the increased purchasing cost of flash chips, an essential component of the Company's hand-held digital learning devices ("DLD"); -- the increased purchasing cost of memory boards, an essential component of DLDs; and, -- the failure of the Company to adequately protect itself against the rise in purchasing costs of essential DLD components. These factors were already causing a material adverse affect on Noah's business and directly led to Noah's November 19, 2007 announcement that its gross profit margin had decreased from 59.4% to 50.2%. The Complaint further alleges that the Defendants could have -- and should have -- discovered the material misstatements and omissions in the Company's Prospectus prior to its filing with the SEC and distribution to the investing public. Instead, they failed to do so as a result of a negligent and grossly inadequate due diligence investigation. Certain of the adverse factors affecting Noah's business were first revealed on November 19, 2007, in a Company issued press release announcing a sharp decrease in gross profit margin, "primarily attributable to an increase in the purchasing cost of certain raw material components of DLDs such as flash chips and memory boards, during July and August." As a result of the dissemination of the false and misleading statements set forth in the complaint, the market price of Noah ADS was artificially inflated during the Class Period. In ignorance of the false and misleading nature of the statements described in the Complaint, and the deceptive and manipulative devices and contrivances employed by said defendants, plaintiffs and the other members of the Class relied, to their detriment, on the integrity of the market price of Noah ADS. Had plaintiffs and the other members of the Class known the truth, they would not have purchased said ADS, or would not have purchased them at the inflated prices that were paid. Please contact the Law Offices of Bruce G. Murphy for more information about the firm and this action. If you wish to discuss this action with us, or have any questions concerning this notice or your rights and interests with regard to the case, please contact the following attorney: For more details, contact: Bruce G. Murphy, Esq. (bgm@brucemurphy.biz) 265 Llwyds Lane Vero Beach, FL 32963 Phone: (772) 231-4202 SADIA S.A.: Pomerantz Haudek Files Securities Fraud Suit in N.Y. ---------------------------------------------------------------- NEW YORK, Nov 17, 2008 -- Pomerantz Haudek Block Grossman & Gross LLP has filed a class action lawsuit in the United States District Court, Southern District of New York, against Sadia S.A. ("Sadia" or the "Company") and certain officers of the company. The class action, captioned Radzik v. Sadia S.A. et al., Civil Action No. 08-CV-9930 (S.D.N.Y.), was filed on behalf of those investors who purchased the Company's American Depository Receipts ("ADRs") between April 30, 2008 and September 26, 2008 ("class period"). The complaint alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder by the SEC. Sadia is a major Brazilian food and beverages company whose principal activities include production, distribution, exporting and marketing of refrigerated and frozen food products. The complaint alleges that during the Class Period, Sadia entered into undisclosed currency derivative contracts to purportedly hedge against the Company's U.S. Dollar exposure. Specifically, Defendants failed to disclose or indicate: -- that Sadia entered into currency derivative contracts to hedge against U.S. dollar exposure that were entirely imprudent and twice as large positions called for by the Company's hedge policy; -- that the Company's financial statements were materially false and misleading in that they failed to account for the Company's massive exposure to currency market fluctuations; and -- that, as a result of the foregoing, the Company's statements about its financial well-being and future business prospects were lacking in any reasonable basis when made. On September 26, 2008, the Company announced that it would take a loss of approximately $410 million related to the Company's investments in currency contracts hedging against the U.S. dollar. Sadia acknowledged that the nature and amounts of these currency contracts fell far outside "the purpose of protecting the activities of the Company exposed to exchange variation." As a result of Defendants' admissions, the Company's ADRs closed at $9.50 per share, down from the previous day's close of $15.27, a decline of 38%. For more details, contact: Teresa Webb, Esq. (tlwebb@pomlaw.com) Pomerantz Haudek Block Grossman & Gross LLP Phone: (888) 476.6529 TALEO CORP: Johnson & Perkinson Announces Securities Suit Filing ---------------------------------------------------------------- SOUTH BURLINGTON, VT, Nov 17, 2008 -- Johnson & Perkinson hereby announces the filing of a class action lawsuit naming Taleo Corporation, ("Taleo") and officers and directors of Taleo. The action, docket numbered C08-5182 SC, was filed in the United States District Court for the Northern District of California. Individuals, families, trusts or other entities that invested in Taleo securities between October 4, 2005 and November 10, 2008, inclusive (the "Class Period"), have the opportunity to meaningfully participate as Lead Plaintiffs in the currently pending class action litigation against the Company. To do so, you must apply to serve in that capacity by January 16, 2009. The Complaint alleges that defendants misled or failed to inform the investing public regarding the Company's historical and current accounting practices with respect to the timing for recognition of application and consulting revenues under generally accepted accounting principles in the United States ("GAAP"). These policies, which reflected an inappropriate application of GAAP designed to accelerate the recognition of revenues, had been part of a scheme to defraud investors since the Company's initial public offering in October 2005. As a result of this acceleration of revenues, Taleo was able to present to investors a rosier picture of its financial condition than the appropriate revenue figures would have depicted. When the truth was revealed to the market, the price of Taleo common stock dropped $3.06, or 28 percent, to $7.99. For more details, contact: Eben F. Duval, Esq. James Conway, Esq. (jconway@jpclasslaw.com) Johnson & Perkinson 1690 Williston Road P.O. Box 2305 South Burlington, Vermont 05403 Phone: 1-888-459-7855 Web site: http://www.jpclasslaw.com Meetings, Conferences & Seminars * Scheduled Events for Class Action Professionals ------------------------------------------------- December 4-5, 2008 ASBESTOS LITIGATION: WHERE IS IT GOING? WHEN WILL IT END? American Law Institute - American Bar Association St. Anthony Hotel San Antonio, Texas Phone: 800-CLE-NEWS December 4-5, 2008 FOOD\u2010BORNE ILLNESS LITIGATION American Conference Institute TBC, Phoenix, Arizona Phone: 888-224-2480 December 9-11, 2008 DRUG AND MEDICAL DEVICE LITIGATION American Conference Institute Millennium Broadway Hotel, New York Phone: 888-224-2480 December 17-18, 2008 TOP 10 INSURANCE ISSUES CONFERENCE BVR Legal/Mealey's Conferences Loews Hotel Philadelphia, Pennsylvania Phone: 888-BUS-VALU; 503-291-7963 January 21-22, 2009 14TH ANNUAL EMPLOYMENT PRACTICES LIABILITY INSURANCE American Conference Institute TBD, New York, New York Phone: 888-224-2480 May 18-19, 2009 5TH ANNUAL IN-HOUSE COUNSEL FORUM ON PHARMACEUTICAL ANTITRUST American Conference Institute TBD, Washington, District of Columbia Phone: 888-224-2480 July 9-10, 2009 CLASS ACTION LITIGATION 2009: PROSECUTION AND DEFENSE STRATEGIES Practising Law Institute New York Phone: 800-260-4PLI; 212-824-5710 July 9-10, 2009 INSURANCE INDUSTRY AND FINANCIAL SERVICES LITIGATION American Law Institute - American Bar Association Langham Hotel Boston, Massachusetts Phone: 800-CLE-NEWS * Online Teleconferences ------------------------ November 19, 2008 BENZENE BVR Legal/Mealey's Teleconferences Phone: 888-BUS-VALU; 503-291-7963 November 19, 2008 FALSE CLAIMS ACT & PROPOSED AMENDMENTS: AN UPDATE American Law Institute - American Bar Association Phone: 800-CLE-NEWS November 20, 2008 FASB UPDATE: CONVERGENCE, VOLATILITY & POTENTIAL LIABILITIES BVR Legal/Mealey's Teleconferences Phone: 888-BUS-VALU; 503-291-7963 December 4-5, 2008 ASBESTOS LITIGATION American Law Institute - American Bar Association Phone: 800-CLE-NEWS December 13, 2008 MEALEY'S FINITE REINSURANCE TELECONFERENCE Mealeys Seminars Phone: 1-800-MEALEYS; 610-768-7800; e-mail: mealeyseminars@lexisnexis.com CACI: CALIFORNIA'S NEW CIVIL JURY INSTRUCTIONS CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 CIVIL LITIGATION PRACTICE: 22ND ANNUAL RECENT DEVELOPMENTS (2004) CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 CIVIL LITIGATION PRACTICE: 23RD ANNUAL RECENT DEVELOPMENTS (2005) CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 CIVIL LITIGATION PRACTICE: 25TH ANNUAL RECENT DEVELOPMENTS (2007) CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 CIVIL LITIGATION PRACTICE: 26TH ANNUAL RECENT DEVELOPMENTS (2008) CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 DIRECT AND CROSS-EXAMINATION OF EXPERTS CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 EFFECTIVE DIRECT AND CROSS EXAMINATION CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 GOVERNMENT TORT LIABILITY: CLAIMS, LITIGATION & RECENT DEVELOPMENTS CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 PUNITIVE DAMAGES: MAXIMIZING YOUR CLIENT'S SUCCESS OR MINIMIZING YOUR CLIENT'S EXPOSURE CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 STRATEGIC TIPS FOR SUCCESSFULLY PROPOUNDING & OPPOSING WRITTEN DISCOVERY CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 SUMMARY JUDGMENT AND OTHER DISPOSITIVE MOTIONS CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 TORTS PRACTICE: 19TH ANNUAL RECENT DEVELOPMENTS (2004) CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 TORTS PRACTICE: 20TH ANNUAL RECENT DEVELOPMENTS (2005) CEB Online e-mail: customer_service@ceb.ucop.edu Phone: 1-800-232-3444 ADVERSARIAL PROCEEDINGS IN ASBESTOS BANKRUPTCIES LawCommerce.Com/Mealey's Online Streaming Video e-mail: customerservice@lawcommerce.com ASBESTOS BANKRUPTCY-PANEL OF CREDITORS COMMITTEE MEMBERS LawCommerce.Com/Mealey's Online Streaming Video e-mail: customerservice@lawcommerce.com EXPERT WITNESS ADMISSIBILITY IN MOLD CASES LawCommerce.Com/Mealey's Online Streaming Video e-mail: customerservice@lawcommerce.com INTRODUCTION TO CLASS ACTIONS AND LARGE RECOVERIES Big Class Action e-mail: seminars@bigclassaction.com NON-TRADITIONAL DEFENDANTS IN ASBESTOS LITIGATION Online Streaming Video LawCommerce.Com/Mealey's e-mail: customerservice@lawcommerce.com PAXIL LITIGATION Online Streaming Video LawCommerce.Com/Mealey's e-mail: customerservice@lawcommerce.com RECENT DEVELOPMENTS INVOLVING BAYCOL Online Streaming Video LawCommerce.Com/Mealey's e-mail: customerservice@lawcommerce.com RECOVERIES Big Class Action e-mail: seminars@bigclassaction.com SELECTION OF MOLD LITIGATION EXPERTS: WHO YOU NEED ON YOUR TEAM Online Streaming Video LawCommerce.Com/Mealey's e-mail: customerservice@lawcommerce.com SHOULD I FILE A CLASS ACTION? LawCommerce.Com/Law Education Institute e-mail: customerservice@lawcommerce.com THE EFFECTS OF ASBESTOS ON THE PULMONARY SYSTEM Online Streaming Video LawCommerce.Com/Mealey's e-mail: customerservice@lawcommerce.com THE STATE OF ASBESTOS LITIGATION: JUDICIAL PANEL DISCUSSION Online Streaming Video LawCommerce.Com/Mealey's e-mail: customerservice@lawcommerce.com TRYING AN ASBESTOS CASE LawCommerce.Com e-mail: customerservice@lawcommerce.com THE IMPACT OF LORILLAR ON STATE AND LOCAL REGULATION OF TOBACCO SALES AND ADVERSTISING American Bar Association Phone: 800-285-2221 e-mail: abacle@abanet.org ********* A list of Meetings, Conferences and Seminars appears in each Wednesday's edition of the Class Action Reporter. Submissions via e-mail to carconf@beard.com are encouraged. Each Friday's edition of the CAR includes a section featuring news on asbestos-related litigation and profiles of target asbestos defendants that, according to independent research, collectively face billions of dollars in asbestos-related liabilities. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Glenn Ruel S. Senorin, Stephanie T. Umacob, Gracele D. Canilao, and Peter A. Chapman, Editors. Copyright 2008. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 240/629-3300. * * * End of Transmission * * *