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            C L A S S   A C T I O N   R E P O R T E R

            Friday, January 30, 2009, Vol. 11, No. 21

                           Headlines

ADVANCED ENVIRONMENTAL: Deal in Decking Products Suit Approved
ADVOCATE HEALTH: Settles Ill. Litigation by Uninsured Patients
ALP LIQUIDATING: "Osnovsky" Lawsuit Dismissed Last February 2008
ALP LIQUIDATING: "Rothal" Suit v. Partnership Pending in Florida
AMF BOWLING: Faces Suit in N.Y. Alleging Labor Law Violations

BIGBAND NETWORKS: To Settle Calif. Securities Fraud Litigation
CANDELA CORP: Settles Consolidated Securities Lawsuit in Mass.
CELLULAR PHONE COS: Text-Message Price Suit Transferred to Ill.
CERTEGY CHECK: Offers To Settle Calif. Data Breach Litigation
CVS PHARMACY: Seeks Dismissal of of Ill. Suit Over AirShield

FASTENAL CO: Settlement of FLSA Suit Remains Subject to Approval
GOODY'S FAMILY: Faces Suit in Del. Alleging WARNT Act Violations
HEARTLAND PAYMENT: Faces N.J. Suit Over Cardholder Data Breach
IDEA VILLAGE: Faces Ill. Suit Over "NutaMist Immune Boost" Drugs
KMART CORP: Feb. 19 Case Management Hearing Set for Ill. Lawsuit

MGIC INVESTMENTS: C-BASS Face Suit by Holder of Certificates
MGIC INVESTMENTS: Continues to Face Five Stockholder Lawsuits
NBTY INC: Faces Suit Ill. Over "Ester-C" Immune System Product


                   New Securities Fraud Cases

SATYAM COMPUTER: Cotchett Pitre Announces Securities Suit Filing


                        Asbestos Alerts

ASBESTOS LITIGATION: Asbestos Found in Texas Presbyterian Church
ASBESTOS LITIGATION: Korea Gov't. to Issue Asbestos Plan in 2010
ASBESTOS LITIGATION: ASML Summary Judgment Denied in Ridgefield
ASBESTOS LITIGATION: Wrexham Marks and Spencer Store Has Hazards
ASBESTOS LITIGATION: Council to Remove Hazards in Baytown Bldgs.

ASBESTOS LITIGATION: GMB, Unite, UCATT Support Asbestos Campaign
ASBESTOS LITIGATION: Submarine Worker's Death Linked to Exposure
ASBESTOS LITIGATION: United Airlines Dismissal Denied in Oilund
ASBESTOS LITIGATION: South London Waste Disposal Inquiry Ongoing
ASBESTOS LITIGATION: Landmark Asbestos Study Ongoing in Tasmania

ASBESTOS LITIGATION: Cleaner Air Could Add 5 Months to Life Span
ASBESTOS LITIGATION: Bedford County to Assess Hazard at Hospital
ASBESTOS LITIGATION: Belluck to Speak at HarrisMartin Conference
ASBESTOS LITIGATION: Group Urges New Gov't to Protect Victims
ASBESTOS LITIGATION: Court Affirms Ruling in Case Against Little

ASBESTOS LITIGATION: Court Affirms Ruling in Case Against Hylton
ASBESTOS LITIGATION: N.Y. Court Rules on Illinois National Case
ASBESTOS LITIGATION: Court Rules on Consolidated Flooring Action
ASBESTOS LITIGATION: Asbestos Removed from Old Aboriginal Church
ASBESTOS LITIGATION: Hazard Found in 554 of 599 of Kent Schools

ASBESTOS LITIGATION: Jury Selection in W. R. Grace Case Underway
ASBESTOS LITIGATION: Simmons Calls For Moving Malpractice Trial
ASBESTOS LITIGATION: Mayo Group Indicted for Cleanup Violations
ASBESTOS LITIGATION: Somerset Worker's Death Linked to Exposure
ASBESTOS LITIGATION: James Hardie Considers Moving Base to U.S.

ASBESTOS LITIGATION: Cleanup at Rock Island's Armory Completed
ASBESTOS LITIGATION: Researcher from Japan Develops Asbestosis
ASBESTOS LITIGATION: Classroom at Norwood Reopens After Repairs
ASBESTOS LITIGATION: Board Plans Cleanup at Southwestern School
ASBESTOS LITIGATION: Penn Records $2.6MM Liabilities at Sept. 30

ASBESTOS LITIGATION: Sealed Air Has $707.8M Liability at Dec. 31
ASBESTOS LITIGATION: Crane Reports $839.49M Liability at Dec. 31
ASBESTOS LITIGATION: Agency Confirms Exposure of U.S. Veterans
ASBESTOS LITIGATION: SimmonsCooper LLC Announces 7 New Partners
ASBESTOS LITIGATION: Ashland's Litigation Reserve Totals $807Mil

ASBESTOS LITIGATION: Crane's Bid in Baccus Case Denied on Jan. 5
ASBESTOS LITIGATION: Crane's Appeal in Brewer Case Still Pending
ASBESTOS LITIGATION: Philips' EUR931Mil EBITA Due to Settlement
ASBESTOS LITIGATION: 74,872 Claims Ongoing v. Crane at Dec. 31
ASBESTOS LITIGATION: Crane Incurs $97.1M for Settlement, Defense

ASBESTOS LITIGATION: Travelers Net Reserve at $3.227B at Dec. 31
ASBESTOS LITIGATION: Cooper Cites $16.6M After-Tax Income in 3Q
ASBESTOS LITIGATION: H.B. Fuller Settles 5 Lawsuits at Nov. 29
ASBESTOS LITIGATION: H.B. Fuller Records $4.34M for Liabilities
ASBESTOS LITIGATION: Tidewater Still Involved in Exposure Cases

ASBESTOS LITIGATION: Corning Records $28M Net Credit at Dec. 31
ASBESTOS LITIGATION: 7 Suits Filed Jan. 12–16 in Madison County
ASBESTOS LITIGATION: Asbestos Waste Illegally Dumped at Suffolk
ASBESTOS LITIGATION: Owens-Illinois Claims Down to 11T at Dec.31
ASBESTOS LITIGATION: Collier's Suit v. Chevron Filed on Jan. 20

ASBESTOS LITIGATION: Open Verdict Cited in Redhill Local's Death
ASBESTOS LITIGATION: Asbestos Discovered at Chaucer Technology
ASBESTOS ALERT: Lothian Heating Fined GBP8T for Exposing Workers


                           *********

ADVANCED ENVIRONMENTAL: Deal in Decking Products Suit Approved
--------------------------------------------------------------
     SPRINGDALE, Ark., Jan. 19, 2009 -- Advanced Environmental
Recycling Technologies, Inc. ("AERT"), a leading plastics
recycler and manufacturer of Green composite building products,
announced today that on January 9, 2009 a U.S. District Court in
Seattle, Washington approved a class action settlement regarding
complaints against the company's ChoiceDek decking products, of
which AERT is the exclusive manufacturer.  In this suit, several
customers of AERT's ChoiceDek decking product alleged class
action claims in federal court complaining of difficulty keeping
their decking free from mold and mildew surface stains.  These
customers bought their ChoiceDek products before AERT began
adding zinc borate, a mold inhibitor, in October 2006.  AERT
investigated these claims and entered into the settlement
agreement in order to resolve this litigation and serve the best
interests of ChoiceDek customers.

     In October, 2008 AERT issued a national notice to consumers
in USA Today as well as through direct mail to over 387,000
individuals believed to have purchased ChoiceDek from 2004 to
2008.  Consumers have until September, 2009 to file a claim with
the company under the terms of the settlement.

     As part of the settlement, AERT will make additional
information available to customers regarding the need to
periodically clean their decking in order to avoid the build up
of surface debris which can support mold and mildew growth.
Updated cleaning information will be available on the ChoiceDek
website.  The Court also awarded legal fees to Plaintiffs'
counsel of $1.75 million to be paid by AERT in three
installments over a period of twelve months.  To assist
customers with caring for their decks, a new instructional
cleaning video will be provided to customers upon request.

     "ChoiceDek customers that have issues should feel free to
contact the company. AERT is committed to customer service, and
I believe the company's actions have always exemplified that,"
stated AERT CEO Joe Brooks.  To further assist those customers
who may be having difficulty with significant mold or mildew
spotting on their decking, the settlement offers a formal claim
resolution process.  Eligible customers may request to have
their decks inspected, cleaned, and treated with a mold
inhibitor.  The claim resolution process also provides
additional relief under certain circumstances, such as
additional cleanings, refunds, replacement material, coupons for
discounted cleanings, and/or credit vouchers for use at Lowe's
Home Improvement stores.  AERT maintains a fully staffed
customer service department which can be reached by calling 877-
220-6624 or by visiting their website at
http://www.AERT.com/class_action_settlement.asp.

     "AERT has always stood behind its products, and our
associates will continue to work to resolve customer issues with
this generation of ChoiceDek products.  It is the goal of this
settlement to make every ChoiceDek customer a happy customer,"
stated Brooks.

Advanced Environmental Recycling Technologies, Inc. (AERT) --
http://www.aertinc.com/-- develops, manufactures and markets
composite building materials that are used in place of
traditional wood or plastic products for exterior applications
in building and remodeling homes and for certain other
industrial or commercial building purposes.  The Company's
products are sold by national companies, such as the
Weyerhaeuser Co., Lowe's Cos., Inc., and Therma-Tru Corp.  Its
composite building materials are marketed as a substitute for
wood and plastic filler materials for standard door components,
windowsills, brick mould, fascia board, decking and heavy
industrial flooring under the trade names LifeCycle,
MoistureShield, MoistureShield CornerLoc, Weyerhaeuser ChoiceDek
Premium, ChoiceDek Premium Colors, MoistureShield outdoor
decking and Basics outdoor decking.  AERT has manufacturing
facilities in Springdale, Lowell, and Tontitown, Arkansas;
Junction, Texas and Alexandria, Louisiana.


ADVOCATE HEALTH: Settles Ill. Litigation by Uninsured Patients
--------------------------------------------------------------
Advocate Health Care settled a purported class-action lawsuit
brought six years ago in Illinois by attorney Tom Geoghegan,
Esq., Abdon M. Pallasch of The Chicago Sun-Times reports.

According to Mr. Geoghegan, "They were charging uninsured or
under-insured people the full sticker price instead of the lower
rates that people with insurance pay."  For example, a birth
that would have cost $1,800 for a Blue Cross patient would have
cost $5,000 for an uninsured patient, Mr. Geoghegan said.

The settlement will result in free or reduced-price care for
low-income patients at Advocate hospitals in Chicago.  Under the
settlement, someone living at twice the poverty line or less
would be charged nothing, Mr. Geoghegan told The Chicago Sun-
Times.

The suit was one of the earliest of a series of class-action
suits filed against nonprofit hospitals around the country.  It
used Illinois' Consumer Fraud and Deceptive Practices Act to
argue that a hospital that calls itself a charity for tax
purposes has to act charitably, reports The Chicago Sun-Times.


ALP LIQUIDATING: "Osnovsky" Lawsuit Dismissed Last February 2008
----------------------------------------------------------------
The purported class-action suit entitled, "Osnovsky,
individually and on behalf of others similarly situated, v.
Arvida Company, Arvida/JMB Partners, and Arvida Realty Co.,
Inc., Case No. 05015925, was dismissed on Feb. 8, 2008."

Effective Sept. 30, 2005, Arvida/JMB Partners, L.P. (the
"Partnership") completed its liquidation by contributing all of
its remaining assets to ALP Liquidating Trust, subject to all of
the Partnership's obligations and liabilities.  Arvida Company,
an affiliate of the general partner of the Partnership, acts as
Administrator (the "Administrator") of ALP.

The Partnership was named a defendant in a purported class
action entitled, "Osnovsky, individually and on behalf of others
similarly situated, v. Arvida Company, Arvida/JMB Partners, and
Arvida Realty Co., Inc., Case No. 05015925," filed on Nov. 7,
2005, in the Circuit Court of the 17th Judicial Circuit in and
for Broward County, Florida.

The Arvida defendants were served on March 1, 2006.

The plaintiffs filed a three count class action complaint for
alleged violations of state building code, failure to disclose
known defects in a residential real estate transaction, and
negligence, all in connection with injuries allegedly sustained
to their homes in the Ridges, a homeowners association in Weston
that has about 1,500 units.

They complained of alleged roofing defects in their homes, among
other things.

The plaintiffs sought unspecified damages and the opportunity to
amend to add punitive damages.

The complaint was tendered to Arvida's carrier for defense and
indemnity.  In response to the tender, the Partnership received
a purported reservation of right letter from thecarrier.

On Feb. 8, 2008, the court entered an order dismissing the case
with prejudice, each party to bear its own fees and costs.  The
Partnership paid no money.

The Partnership is unable to determine the ultimate portion of
the expenses and fees that will be covered by insurance,
according to the company's Jan. 20, 2009 Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter
ended March 31, 2008.

ALP Liquidating Trust engages in liquidating the assets of
Arvida/JMB Partners, L.P. Arvida/JMB Partners transferred all of
its remaining assets to the trust at the time of its liquidation
in 2005.  Previously, Arvida/JMB Partners was engaged in the
development of resort and primary home communities for the
middle and upper income segments in the State of Florida, as
well as in Atlanta, Georgia, and Highlands, North Carolina.  ALP
Liquidating Trust was founded in 1987 and is based in Chicago,
Illinois.


ALP LIQUIDATING: "Rothal" Suit v. Partnership Pending in Florida
----------------------------------------------------------------
The action entitled, "Rothal v. Arvida/JMB Partners Ltd. et al.,
Case No. 03-10709 CACE 12," is still in the early stages of the
litigation, according to ALP Liquidating Trust's Jan. 20, 2009
Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended March 31, 2008.

Effective Sept. 30, 2005, Arvida/JMB Partners, L.P. (the
"Partnership") completed its liquidation by contributing all of
its remaining assets to ALP, subject to all of the Partnership's
obligations and liabilities.  Arvida Company, an affiliate of
the general partner of the Partnership, acts as Administrator
(the "Administrator") of ALP.

The Partnership, the General Partner and certain related parties
as well as other unrelated parties have been named defendants in
an action entitled, "Rothal v. Arvida/JMB Partners Ltd. et al.,
Case No. 03-10709 CACE 12," filed in the Circuit Court of the
17th Judicial Circuit in and for Broward County, Florida.

In this suit that was originally filed on or about June 20,
2003, plaintiffs purport to bring a class action allegedly
arising out of construction defects occurring during the
development of Camellia Island in Weston, which has
approximately 150 homes.

On May 9, 2005, plaintiffs filed a nine count second amended
complaint seeking unspecified general damages, special damages,
statutory damages, prejudgment and post-judgment interest,
costs, attorneys' fees, and such other relief as the court may
deem just and proper.

The plaintiffs complain, among other things, that the homes were
not adequately built, that the homes were not built in
conformity with the South Florida Building Code and plans on
file with Broward County, Florida, that the roofs were not
properly attached or were inadequate, that the truss systems and
installation thereof were improper, and that the homes suffer
from improper shutter storm protection systems.

The Arvida defendants have filed their answer to the amended
complaint.

This case has been tendered to one of the Partnership's
insurance carriers, Zurich American Insurance Company, for
defense and indemnity.  Zurich is providing a defense of this
matter under a purported reservation of rights.

The Partnership has also engaged other counsel in connection
with this lawsuit.

ALP Liquidating Trust engages in liquidating the assets of
Arvida/JMB Partners, L.P. Arvida/JMB Partners transferred all of
its remaining assets to the trust at the time of its liquidation
in 2005.  Previously, Arvida/JMB Partners was engaged in the
development of resort and primary home communities for the
middle and upper income segments in the State of Florida, as
well as in Atlanta, Georgia, and Highlands, North Carolina.  ALP
Liquidating Trust was founded in 1987 and is based in Chicago,
Illinois.


AMF BOWLING: Faces Suit in N.Y. Alleging Labor Law Violations
-------------------------------------------------------------
     NEW YORK, Jan. 28 /PRNewswire/ -- A new lawsuit alleges
that AMF Bowling Centers, Inc. violated the New York Labor Law
by misappropriating employee tips, according to Outten & Golden
LLP and Fitapelli & Schaffer, LLP.

     Filed Tuesday in federal court in New York, the suit
alleges that AMF withheld from plaintiff Robert O'Dell and other
AMF employees mandatory gratuities collected from customers. Mr.
O'Dell, an AMF food service worker from East Elmhurst, N.Y.,
works at AMF's Chelsea Piers location in New York City.

     According to the Complaint, AMF customers reasonably
believed that "service charges" AMF included in their bills were
intended for the workers who served them and that AMF employees
rarely, if ever, received tips directly from these customers.
Instead of paying the service workers the tips it collected, AMF
used a portion of the tips to supplement the wages of other
workers, the Complaint alleges.

     Justin M. Swartz, Linda A. Neilan, and Rachel Bien, of
Outten & Golden LLP's New York office, and Joseph A. Fitapelli
and Brian S. Schaffer, of Fitapelli & Schaffer, LLP, of New
York, represent Mr. O'Dell, and will seek to have the lawsuit
certified as a class action that covers current and former AMF
food service workers at locations throughout New York.

     Attorney Justin M. Swartz stated, "When companies lead
customers to believe that mandatory service charges go to the
workers who serve them, the companies owe it to their workers
and customers to ensure that this happens. We allege that AMF
shirked its responsibilities by using mandatory gratuities to
supplement the compensation of non-service employees. Our client
is upset about it. AMF's customers should be upset as well."

     Attorney Brian S. Schaffer stated, "AMF is a very popular,
successful nationwide company. Unfortunately, we allege, some of
this success has come at the expense of its hourly food service
workers. As a national leader in the recreation industry, AMF
surely can afford to pay non-service workers without dipping
into other workers' hard-earned tips."

     The lawsuit seeks to recover misappropriated gratuities,
interest, and other relief for Mr. O'Dell and similarly situated
AMF workers.

     The case is entitled, "Robert O'Dell, et al. v AMF Bowling
Centers, Inc., Case No. 09 CIV 00759," which was filed in the
U.S. District Court for the Southern District of New York.

For more details, contact:

          Justin M. Swartz, Esq.
          Outten & Golden LLP
          Phone: 212.245.1000
          Web site: http://www.outtengolden.com

               - and -

          Brian S. Schaffer, Esq.
          Fitapelli & Schaffer, LLP
          Phone: 212.300.0375
          Web site: http://www.fslawfirm.com


BIGBAND NETWORKS: To Settle Calif. Securities Fraud Litigation
--------------------------------------------------------------
BigBand Networks, Inc. agreed to pay $1.5 million to settle a
consolidated securities fraud class-action lawsuit filed against
the company in the U.S. District Court for the Northern District
of California, Todd Spangler of Multichannel News reports.

The agreement, reached on Jan. 27, 2009, gives BigBand a full
release for all potential claims arising from the securities
laws alleged in the initial and consolidated complaints,
including claims for alleged violations of the Securities Act of
1933 and the Exchange Act of 1934, the company told Multichannel
News.

As a result of the settlement, BigBand said it would incur a
$1.5 million charge for litigation and related expenses to its
results of operations for the three months ended Dec. 31, 2008,
according to Multichannel News.

                         Case Background

Since Oct. 3, 2007, several purported shareholder class action
complaints were filed against the company, certain of its
officers and directors, and the underwriters of its initial
public offering.  One of these suits was subsequently dismissed
(Class Action Reporter, Dec. 16, 2008).

The lawsuits allege that the company officers and directors made
false or misleading statements to investors in connection with
the company's initial public offering and that its registration
statement and prospectus contained false or misleading
statements regarding its business prospects.

The plaintiffs purport to represent anyone who purchased the
company's common stock in the initial public offering, or
purchased the company's common stock between March 14, 2007, and
Sept. 27, 2007.

The lawsuits assert causes of action for violations of Sections
11, 12(a)(2) and 15 of the U.S. Securities Act of 1933, and
Sections 10(b) and 20(a) of the U.S. Securities Exchange Act of
1934.  It seeks unspecified monetary damages.

In February 2008, the lawsuits were consolidated and a lead
plaintiff was appointed by the Court.

In May 2008, the lead plaintiff filed a consolidated complaint
against the Company, the directors and officers who signed the
Company's IPO registration statement, and the underwriters of
the Company's initial public offering.

The consolidated complaint alleges that the Company's IPO
prospectus contained false and misleading statements regarding
the Company's business strategy and prospects, and the prospects
of the Company's CMTS division in particular.

The lead plaintiff purports to represent anyone who purchased
the Company's common stock in the initial public offering.

The consolidated complaint asserts causes of action for
violations of Sections 11, 12(a)(2) and 15 of the U.S.
Securities Act of 1933.  It seeks unspecified monetary damages.

The suit is "In re BigBand Networks, Inc. Securities Litigation,
Case No. 4:2007cv05101," filed in the U.S. District Court for
the Northern District of California, Judge Saundra Brown
Armstrong, presiding.

Representing the plaintiffs is:

          Reed R. Kathrein, Esq. (reed@hbsslaw.com)
          Hagens Berman Sobol Shapiro LLP
          715 Hearst Avenue, Suite 202
          Berkeley, CA 94710
          Phone: 510-725-3000
          Fax: 510-725-3001

Representing the defendants is:

          Michael Carl Tu, Esq. (mtu@orrick.com)
          Orrick Herrington & Sutcliffe LLP
          777 S. Figueroa St., Ste 3200
          Los Angeles, CA 90017
          Phone: 213-629-2020
          Fax: 213-612-2499


CANDELA CORP: Settles Consolidated Securities Lawsuit in Mass.
-------------------------------------------------------------
Candela Corp., on Jan. 20, 2009, announced that it has agreed to
settle the purported consolidated securities fraud class-action
lawsuit that was filed against the company in the U.S. District
Court for the District of Massachusetts.

On April 2 and April 22, 2008, respectively, two substantially
similar putative class-action lawsuits, entitled, "Western Pa.
Elec. Employees Pension Fund, et al., 1:08-cv-10551-DPW," and
"Caballero v. Candela Corp., et al., Civ. No. 1:08-cv-10673-
DPW," were filed against the company and two of its officers in
the U.S. District Court for the District of Massachusetts
purporting to assert claims for violations of Sections 10(b) and
20(a) of the Securities Exchange Act of 1934 and Rule 10b-5
promulgated thereunder, and seeking, among other things,
compensatory damages and reasonable costs and expenses.

On June 2, 2008, the plaintiffs in the Western Pa. case formally
moved for consolidation and the appointment of lead plaintiff
and lead counsel.  On July 10, 2008, that motion was granted,
the cases were consolidated, and a lead plaintiff and lead
counsel were appointed.

On Aug. 25, 2008, the lead plaintiff filed a consolidated
amended complaint.  The consolidated and amended complaint
purports to be brought on behalf of all open-market purchasers
of the company's Common Stock from Nov. 1, 2005 through Aug. 21,
2006 and alleges that the company made certain false and
misleading statements to investors expressing optimism regarding
its financial condition and failed to disclose:

       -- the possibility that Palomar Medical Technologies,
          Inc., one of the company's competitors, would initiate
          patent enforcement litigation against the company, and

       -- that the company was purportedly losing market share
          to its competitors (Class Action Reporter, Oct. 30,
          2008).

According to the company's latest Form 8-K filing with the U.S.
Securities and Exchange Commission dated Jan. 20, 2009, the
proposed stipulation of settlement was filed with the U.S.
District Court for the District of Massachusetts.  Under the
terms of the proposed securities class action settlement,
Candela will pay $3.85 million into a settlement fund for the
benefit of the class members.  Neither the company nor any of
the individual defendants admits any wrongdoing under either of
the proposed settlements, which are being entered into in return
for the release of all claims.  The proposed settlement is
subject to preliminary and final approval by the court.

The suit is "Western Pennsylvania Electrical Employees Pension
Fund, et al. v. Candela Corporation, et al., Case No. 08-CV-
10551," filed before the U.S. District Court for the District of
Massachusetts.

Representing the plaintiffs are:

          Coughlin Stoia Geller Rudman & Robbins LLP
          58 South Service Road, Suite 200
          Melville, NY, 11747
          Phone: 631-367-7100
          Fax: 631-367-1173
          e-mail: info@csgrr.com

               - and -

          Shapiro Haber & Urmy LLP
          52 State Street
          Boston, MA, 02109
          Phone: 617-439-3939
          Fax: 617-439-0134
          e-mail: info@shulaw.com


CELLULAR PHONE COS: Text-Message Price Suit Transferred to Ill.
---------------------------------------------------------------
An anti-trust suit originally filed in Ohio, which is accusing
cellular phone companies of colluding to inflate the price of
text-messaging services has been transferred to the U.S.
District Court for the Northern District of Illinois.

The class-action complaint was filed on Sept. 12, 2008 in the
U.S. District Court for the Northern District of Ohio by Toledo
attorney David Zoll, Esq. on behalf of local customers of five
cellular phone service providers.

The U.S. Judicial Panel on Multidistrict Litigation ordered the
case transferred to Chicago along with 15 similar lawsuits
pending in various courts around the nation.


CERTEGY CHECK: Offers To Settle Calif. Data Breach Litigation
-------------------------------------------------------------
Certegy Check Services, Inc. has offered to settle a purported
class-action lawsuit filed on behalf of 8.5 million people whose
personal data was compromised by an insider theft that the
company disclosed last July 2008, Jaikumar Vijayan of
Computerworld reports.

The 52-page settlement was proposed on Jan. 9, 2009 by St.
Petersburg, Fla.-based company, a subsidiary of Fidelity
National Information Services, Inc., according to the
Computerworld report.

                         Case Background

The law firm of Girard Gibbs LLP filed a class-action complaint
on Aug. 14, 2007 in the U.S. District Court for the Central
District of California on behalf of approximately 8.5 million
consumers nationwide whose financial and personal data was
stolen by an employee of Certegy Check Services, Inc. and
Fidelity National Information Services, Inc. and released to
unauthorized third parties (Class Action Reporter, Aug. 17,
2007).

The complaint alleges that a senior database administrator
misappropriated the confidential information of millions of
consumers and then sold the data to direct marketing firms and
data brokers who may have resold it to others.  It asserts
claims of negligence, invasion of privacy and breach of implied
contract.

The complaint alleges that Certegy and FIS failed to implement
and maintain adequate security measures to protect consumers'
confidential financial and personal information.  Their failure
to properly monitor and supervise their employee subjected
consumers to risk of data theft and other fraudulent actions.

The case was brought by a Los Angeles, California resident who,
prior to the public announcement by Certegy and FIS of the data
breach, started noticing an influx of direct marketing and
promotional offers as well as phone calls to his home. After
subsequently receiving a letter from Certegy informing him that
his personal data may have been compromised by one of its
employees, the plaintiff engaged a credit monitoring service.

Certegy and FIS merged in January of 2006. Certegy provides
check-verification services to major U.S. retailers such as Wal-
Mart, Sears, Bed Bath & Beyond and Amazon.com. Due to the nature
of the services provided by Certegy and FIS, and their
undisclosed role in financial transactions, consumers do not
choose to use the services of these companies but rather are
forced to do so.

"Certegy and FIS had a duty to safeguard the confidential data
of consumers from any breach, including that of their employees.
Once the internal breach became known, it should have been
communicated to the public in a timely and adequate manner,"
said Eric Gibbs, one of the attorneys for the plaintiff. "The
failure by these companies to make the internal data breach
immediately known exposed consumers to direct marketing
campaigns and the risk of unauthorized use of their bank
accounts and identity theft."

For more information, contact:

          Girard Gibbs LLP
          Toll-free: (866) 981-4800
          Web site: http://www.girardgibbs.com


CVS PHARMACY: Seeks Dismissal of of Ill. Suit Over AirShield
------------------------------------------------------------
CVS Pharmacy is seeking for the dismissal of a consumer fraud
class-action suit over its immune system product AirShield, Ann
Knef of The Madison County Record reports.

Filed in December 2008, the suit is set for status conference at
9 a.m. March 15, 2009 in St. Clair County Circuit Court.  Judge
Lloyd Cueto was assigned to the case on Jan. 22, 2009 after
Judge Robert LeChien recused himself.

The class plaintiff, Iean Finley of Madison County, alleges that
CVS misled the public into believing that AirShield protects
against illness and boosts the immune system, according to The
Madison County Record.

The company denies the allegations and its attorneys have filed
a motion to dismiss arguing that Mr. Finley fails to plead any
factual basis for his own claims other than he bought AirShield
from a CVS store.

CVS is represented by Robert Bassett, Esq. of Donovan, Rose,
Nester and Joley of Belleville, and by David Smith, Esq. of Reed
Smith in Chicago, reports The Madison County Record.

Mr. Bassett also argues that the plaintiff fails to establish
that his claims are not barred by statute of limitations.  He
states, "Even assuming that plaintiff's purchase occurred on the
one date contained in the complaint-- i.e. 'on or before
September 1, 2003,'...does not save plaintiff's claims from
dismissal."

"September 1, 2003 is more than five years before plaintiff
filed this action (December 1, 2008) and thus is outside any
applicable limitations period," he adds.

In addition, The Madison County Record reported that Mr. Bassett
also argues the consumer fraud count should be dismissed
because:

       -- Plaintiff fails to plead that claim with requisite
          specificity;

       -- Allegations of proximate causation are wholly
          insufficient;

       -- Plaintiff has not sufficiently pled an actionable
          concealment; and

       -- Plaintiff has not sufficiently pled an actionable
          unfair business practice.

The company also argues that the suit's unjust enrichment count
should be dismissed because Illinois does not recognize it as an
independent cause of action.

Paul M. Weiss, Esq., George K. Lang, Esq., and Eric C. Brunick,
Esq., of Freed and Weiss in Chicago, Richard J. Burke, Esq., of
St. Louis and Kevin T. Hoerner, Esq., and Brian T. Kreisler,
Esq., of Becker, Paulson, Hoerner and Thompson in Belleville
represent the putative classes, reports The Madison County
Record.


FASTENAL CO: Settlement of FLSA Suit Remains Subject to Approval
----------------------------------------------------------------
The proposed settlement of a purported class action lawsuit
against Fastenal Co. for violations of the Fair Labor Standards
Act (FLSA) and several state statutes remains subject to court
approval.

On Aug. 29, 2008, the company announced that it had reached a
preliminary agreement to settle a purported class action lawsuit
relating to the classification of its Assistant General Managers
as exempt for purposes of the overtime provisions of the Fair
Labor Standards Act (FLSA) and California, Oregon, and
Pennsylvania state statutes.

This suit also alleged that Assistant General Managers in
California did not receive sufficient meal breaks and paid rest
periods under the California Labor Code.

While the company denies the allegations underlying the lawsuit,
it decided to enter into the settlement agreement in order to
avoid significant legal fees, the uncertainty of a jury trial,
distractions to its operations, and other expenses and
management time that would have to be devoted to protracted
litigation.  The settlement, which is still subject to court
approval, fully resolves all claims brought by the plaintiffs in
this lawsuit.

Pursuant to the settlement, the company will make a cash payment
of $10 million to cover claims by eligible class members,
plaintiff attorneys' fees and costs, and payments to the named
plaintiffs.

The expense for this settlement was recorded in the results for
the third quarter ending Sept. 30, 2008.

The company does not expect the settlement to have any material
impact on its operating results going forward, according to its
latest Form 8-K filing with the U.S. Securities and Exchange
Commission dated Jan. 20, 2009.

Fastenal Co. -- http://www.fastenal.com-- sells industrial and
construction supplies in a wholesale and retail fashion.  As of
Dec. 31, 2007, the company had 2,160 store locations located in
50 states, Puerto Rico, Canada, Mexico, Singapore, China and the
Netherlands.  The company operated 13 distribution centers in
North America as of Dec. 31, 2007, from which it distributed
products to its store locations.  Fastenal's offerings are
grouped into 10 product lines: fasteners; tools and equipment;
cutting tools and abrasives; hydraulics, pneumatics, plumbing,
and heating, ventilating and air conditioning (HVAC); material
handling, storage and packaging; janitorial supplies, chemicals
and paints; electrical supplies; welding supplies; safety
supplies, and metals, alloys and materials.


GOODY'S FAMILY: Faces Suit in Del. Alleging WARNT Act Violations
----------------------------------------------------------------
Goody's Family Clothing faces a purported class-action lawsuit
that alleges violations of Worker Adjustment and Retraining
Notification Act in the way it handled the company's
liquidation, WVLT reports.

The suit was filed in the U.S. Bankruptcy Court of the District
of Delaware.  It seeks "damages in the amount of 60 days' pay
and ERISA benefits by reason of Defendant's violation of
plaintiffs' rights under the Worker Adjustment and Retraining
Notification Act."

According to the lawsuit, it was filed by Richard McGrath "on
his own behalf and on behalf of all other persons similarly
situated," reports WVLT.

A company fact sheet that was once posted on GoodysOnline.com,
but that site has apparently been taken down, which stated,
"Goody's is a retailer of of moderately priced family apparel
operating in small to midsize markets primarily throughout the
Southeastern United States," according to WVLT.

WVLT reported that the company is liquidating all of its stores
nationwide after filing for bankruptcy a second time in just six
months.


HEARTLAND PAYMENT: Faces N.J. Suit Over Cardholder Data Breach
--------------------------------------------------------------
Heartland Payment Systems, Inc. is facing a purported class-
action suit in New Jersey over a recently disclosed data breach
at the company, Jaikumar Vijayan of Computerworld reports.

The suit was filed in the U.S. District Court for the District
of New Jersey by Chimicles & Tikellis LLP on behalf of Alicia
Cooper, a resident of Woodbury, Minn., and others who might have
been affected by the breach.

It alleges that Ms. Cooper, whose card was compromised in the
breach, and others, were victims of Heartland's negligence in
protecting cardholder data, according to Computerworld.

The lawsuit, which calls for a jury trial, charged Heartland
with breach of contract, breach of implied contract and breach
of fiduciary contract for the breach.

Computerworld reported that the Princeton, New Jersey-based
processor of payment card transactions, disclosed on Jan. 27,
2009 that its systems had been broken into by unknown intruders
sometime last year.  The company claimed that the intrusion --
which some are calling the biggest ever -- was discovered only
earlier this month.

Visa and MasterCard alerted Heartland of suspicious transaction
activity, triggering Heartland to conduct its own forensic
investigation, during which the intrusion was discovered,
reports Computerworld.

According to the company, the intruders planted sophisticated
sniffer software in its network and stolen data as cards were
being processed.

Heartland has not yet released any information on the number of
cards exposed in the intrusion.  But the fact that the company
processes more than 100 million transactions per month for over
250,000 customers has sparked speculation that the breach might
be even bigger than the one disclosed by The TJX Companies Inc.
in which more than 45 million payment cards were compromised,
according to the Computerworld report.


IDEA VILLAGE: Faces Ill. Suit Over "NutaMist Immune Boost" Drugs
----------------------------------------------------------------
Idea Village Products is facing a consumer fraud class-action
suit alleging that the company engaged in unfair and deceptive
practices in selling its "NutaMist Immune Boost" products, Ann
Knef of The Madison County Record reports.

The suit was filed on Dec. 1, 2008 in St. Clair County Circuit
Court by Class plaintiff Aaron C. Durkee of Fairview Heights,
who claims the public was misled into believing that the product
protects against and prevents colds and boosts the immune
system.

Judge Patrick Young presides over the case, which is set for
status conference at 9:30 a.m. on March 19, 2009, according to
The Madison County Record report.

Paul M. Weiss, Esq., George K. Lang, Esq., and Eric C. Brunick,
Esq., of Freed and Weiss in Chicago, Richard J. Burke, Esq., of
St. Louis and Kevin T. Hoerner, Esq., and Brian T. Kreisler,
Esq., of Becker, Paulson, Hoerner and Thompson in Belleville
represent the putative classes, reports The Madison County
Record.


KMART CORP: Feb. 19 Case Management Hearing Set for Ill. Lawsuit
----------------------------------------------------------------
The St. Clair County Circuit Court has set a Feb. 19, 2009 case
management conference for a purported class-action lawsuit
against Kmart Corp., which alleges that it engaged in unfair and
deceptive practices designed to mislead the public when
marketing its Germ Defense products, Ann Knef of The Madison
County Record reports.

Kmart is represented by William Knapp, Esq. of Knapp Ohl Green
and Marron in Belleville and Mark Brand, Esq. of Reed Smith in
Chicago, according to The Madison County Record.

Mr. Knapp filed a motion for an extension of time to plead on
Jan. 9, 2009.  An order had not been entered in the file as of
Jan. 28, 2009, reports The Madison County Record.

                         Case Background

Previously, Kelly Holleran of The Madison County Record reported
that the suit was filed on Nov. 21, 2008 St., under case number
"08-L-599" by class plaintiff Larry T. Adams of Madison County.
It alleges Kmart misled the public into believing its Germ
Defense products would boost their immune system and prevent or
cure an illness caused by germs (Class Action Reporter, Dec. 3,
2008).

According to the lawsuit, "Germ Defense's packaging is similar
to Airborne's because it fails to disclose that, contrary to its
uniform health representations, it does not provide any
clinically-proven protection or relief from illness, nor does it
'boost' the immune system," reports the Madison County Record.

Mr. Adams claims that Kmart's "unfair and deceptive" acts caused
him and the class to incur damages.  He also claims that Kmart
was unjustly enriched because of the profits it received from
Germ Defense sales.

In the two-count suit, Mr. Adams is asking that the case be
certified as class action and is seeking a final judgment not in
excess of $75,000 for any one plaintiff, a final judgment
reimbursing all allowable costs, plus attorneys' fees and other
relief the court deems appropriate, according to the Madison
County Record.

The Madison County Record reported that Paul M. Weiss, Michael
J. Lotus and George K. Lang of Freed and Weiss in Chicago,
Richard J. Burke of St. Louis and Kevin T. Hoerner and Brian T.
Kreisler of Becker, Paulson, Hoerner and Thompson in Belleville
will be representing Mr. Adams and the putative class.


MGIC INVESTMENTS: C-BASS Face Suit by Holder of Certificates
------------------------------------------------------------
A purported class-action lawsuit against Credit-Based Asset
Servicing and Securitization LLC (C-BASS) brought by a holder of
a class of certificates in a publicly offered securitization is
pending, according to MGIC Investment Corp.'s latest Form 8-K
filing with the U.S. Securities and Exchange Commission dated
Jan. 20, 2009.

In December 2008, a holder of a class of certificates in a
publicly offered securitization for which C-BASS was the sponsor
brought a purported class action under the federal securities
laws against C-BASS; the issuer of such securitization, which
was an affiliate of a major Wall Street underwriter; and the
underwriters alleging material misstatements in the offering
documents.

The complaint describes C-BASS as a venture of MGIC, Radian
Group and the management of C-BASS and refers to Doe defendants
who are unknown to the plaintiff but who the complaint says are
legally responsible for the events described in the complaint.

MGIC Investment Corp. -- http://www.mgic.com/-- is a holding
company and, through its wholly owned subsidiary Mortgage
Guaranty Insurance Corp., provides private mortgage insurance in
the U.S.  MGIC is licensed in all 50 states of the U.S., the
District of Columbia, Puerto Rico and Guam.  One of MGIC's
subsidiaries is licensed in Australia and another is in the
process of becoming licensed in Canada.  In addition to mortgage
insurance on first liens, the company, through its subsidiaries,
provides lenders with various underwriting and other services
and products related to home mortgage lending.  The company has
ownership interests in less than majority owned joint ventures
and investments, principally Sherman Financial Group LLC and
Credit-Based Asset Servicing and Securitization LLC, which it
refers to as C-BASS.  Sherman is principally engaged in
purchasing and collecting for its own account delinquent
consumer receivables.


MGIC INVESTMENTS: Continues to Face Five Stockholder Lawsuits
-------------------------------------------------------------
MGIC Investment Corp. continues to face several purported
stockholder class-action lawsuits, according to the company's
latest Form 8-K filing with the U.S. Securities and Exchange
Commission dated Jan. 20, 2009.

In the second, third and fourth quarters of 2008, complaints in
five separate purported stockholder class action lawsuits were
filed against the company, several of its officers, and an
officer of Credit-Based Asset Servicing and Securitization LLC
(C-BASS).

The complaints generally allege that through the officers named
in the complaints, the company violated the federal securities
laws by failing to disclose or misrepresenting C-BASS'
liquidity, the impairment of its investment in C-BASS, the
inadequacy of the company's loss reserves and that we were not
adequately capitalized.  The collective time period covered by
the lawsuits begins on Oct. 12, 2006, and ends on Feb. 12, 2008.

The complaints seek damages based on purchases of the company's
stock during this time period at prices that were allegedly
inflated as a result of the purported misstatements and
omissions.

MGIC Investment Corp. -- http://www.mgic.com/-- is a holding
company and, through its wholly owned subsidiary Mortgage
Guaranty Insurance Corp., provides private mortgage insurance in
the U.S.  MGIC is licensed in all 50 states of the U.S., the
District of Columbia, Puerto Rico and Guam.  One of MGIC's
subsidiaries is licensed in Australia and another is in the
process of becoming licensed in Canada.  In addition to mortgage
insurance on first liens, the company, through its subsidiaries,
provides lenders with various underwriting and other services
and products related to home mortgage lending.  The company has
ownership interests in less than majority owned joint ventures
and investments, principally Sherman Financial Group LLC and
Credit-Based Asset Servicing and Securitization LLC, which it
refers to as C-BASS.  Sherman is principally engaged in
purchasing and collecting for its own account delinquent
consumer receivables.


NBTY INC: Faces Suit Ill. Over "Ester-C" Immune System Product
--------------------------------------------------------------
NBTY, Inc. faces a purported class-action lawsuit in St. Clair
County Circuit Court alleging that the coampny engaged in unfair
and deceptive practices designed to mislead the public when
marketing its "Ester-C," an immune system product, Kelly
Holleran of The St. Clair Record reports.

The lawsuit was filed on Jan. 22, 2009 by plaintiff Eian D.
Warma, alleging that NBTY misled the public into believing
Ester-C products were better than Vitamin C because they offered
24-hour immune protection and "enhanced absorption with C-Sorb."

Paul M. Weiss, Esq., George K. Lang, Esq., and Eric C. Brunick,
Esq., of Freed and Weiss in Chicago, Richard J. Burke, Esq., of
St. Louis and Kevin T. Hoerner, Esq., and Brian T. Kreisler,
Esq., of Becker, Paulson, Hoerner and Thompson in Belleville
represent the plaintiff and the putative class, reports The St.
Clair Record.

According to the complaint, "NBTY markets Ester-C to create the
reasonable expectation with purchasers that Ester-C protects
users from illness caused by viruses and bacteria, is a form of
immune system protection or defense, and decreases one's
likelihood of getting or remaining sick."

The plaintiff claims that NBTY's "unfair and deceptive" scheme
has caused him and the class to incur damages because the
product had no medical efficacy, according to The St. Clair
Record.

The suit also alleges NBTY's Web site makes numerous deceptive
and misleading representations that were also intended to
convince consumers that Ester-C bolsters the immune system.

"However, in truth and fact, Ester-C does none of these things,
its medical efficacy assertions are false, and Ester-C products
do not cure or prevent illness and/or bolster the immune
system," the complaint states.

Mr. Warma claims on its packaging, NBTY represents that C-Sorb,
one of the ingredients in Ester-C, is a bioflavonoid compound,
but according to the suit, there is no evidence to suggest that
the level of the bioflavonoid compound has any effect on the
bioavailability of Vitamin C, reports The St. Clair Record.

The St. Clair Record reported that the suit is seeking class-
action status for the case, that a final judgment be rendered
against NBTY, and that the court award him and the class
damages, attorneys' fees, costs of the suit and other relief to
which they may be entitled.


                   New Securities Fraud Cases

SATYAM COMPUTER: Cotchett Pitre Announces Securities Suit Filing
----------------------------------------------------------------
     SAN JOSE, Calif., Jan 28, 2009 (BUSINESS WIRE) -- Cotchett,
Pitre & McCarthy announces that on January 9, 2009, Plaintiff
Saji Vettiyil filed a class action entitled Saji Vettiyil v.
Satyam Computer Services Ltd., et. al., Case No. 09-00117 RS in
the United States District Court for the Northern District of
California on behalf of all purchasers of Satyam Computer
Service Ltd. ("Satyam" or the "Company") (NYSE:SAY) American
Depository Receipts ("ADRs") between January 1, 2004 and January
6, 2009, inclusive (the "Class Period").

     Satyam, certain of its officers and directors, and Satyam's
auditors Price Waterhouse and PricewaterhouseCoopers
International Ltd. are charged with issuing a series of
materially false and misleading statements in violation of
Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5
promulgated thereunder, as well as Sections 11 and 15 of the
Securities Act.

     The Vettiyil complaint alleges that Satyam failed to
disclose that the information contained in the Company's
financial statements was systematically falsified, its cash
amounts inflated by material amounts, and over 90% of its assets
were purely fictitious.  The complaint alleges that Price
Waterhouse and PricewaterhouseCoopers International Ltd. falsely
assured holders of Satyam securities that it conducted an
appropriate audit.

     There are similar actions pending in the Southern District
of New York against Satyam and certain of its officers and
directors, but not against Price Waterhouse and
PricewaterhouseCoopers International Ltd.  Those actions do not
include claims for violations of Sections 11 and 15 of the
Securities Act.  The first complaint filed in the Southern
District of New York was filed on January 7, 2009.  Plaintiffs'
counsel in that action have stated that motions to be appointed
lead plaintiff must be filed within sixty days of January 7,
2009.  On January 26, 2009, a motion was filed with the Judicial
Panel on Multidistrict Litigation ("JPML") seeking to
consolidate the Satyam actions filed in the Southern District of
New York in the Northern District of California.

For more details, contact:

          Cotchett, Pitre, Simon & McCarthy
          840 Malcolm Road, Suite 200
          Burlingame, California 94010
          Phone: 650-697-6000
          Web site: http://www.cpsmlaw.com


                        Asbestos Alerts

ASBESTOS LITIGATION: Asbestos Found in Texas Presbyterian Church
----------------------------------------------------------------
Asbestos was discovered at the First Presbyterian Church in La
Feria, Tex., KRGV.com reports.

The church, which is more than 75 years old, is no longer open
for service.

Fey Jacobsen says she cannot bear the thought of tearing the
building down. However, she worries something will happen that
will release the asbestos trapped in the floor tiles of the
kitchen.

Test results came back positive for asbestos. Ms. Jacobsen says
she is worried vandals who hang out and do damage to the church
are not aware of the asbestos and what it could do to them.

Ms. Jacobsen says the church has 12 members, the youngest being
65 years old and the oldest is 93 years old.


ASBESTOS LITIGATION: Korea Gov't. to Issue Asbestos Plan in 2010
----------------------------------------------------------------
South Korea's Environment Minister Lee Maan-ee, on Jan. 22,
2009, says the Government will work on a set of comprehensive
measures on asbestos management as early as 2010, The Korea
Herald reports.

Mr. Lee added the Ministry will launch an inspection involving
the impact of closed asbestos mines on the residents' current
health conditions. He said, "In the past, we didn't know how
asbestos could affect our health because a management system
didn't exist on asbestos exposure. So, we will first focus on
figuring out where exactly asbestos is distributed in order to
draft the measures."

The Ministry will take further steps on devising the plan after
reviewing the asbestos fiber health influence report that will
be ready in April 2009.

The Ministry's move follows recent reports that the health
conditions of people who worked in or lived near asbestos mines
in Hongseong and Boryeong counties in South Chungcheong Province
and other places had been heavily impacted by inhaling asbestos.

Officials said a total of 21 asbestos mines existed nationwide,
adding that they are now all closed.


ASBESTOS LITIGATION: ASML Summary Judgment Denied in Ridgefield
----------------------------------------------------------------
The Superior Court of Connecticut denied ASML US, Inc.'s motion
for summary judgment, in a case involving asbestos remediation
filed by Ridgefield Professional Office Park.

The case is styled Ridgefield Professional Office Park v. ASML
US, Inc.

Judge Barry K. Stevens entered judgment in Case No.
X06CV065007184S on Dec. 8, 2008.

Ridgefield alleged that ASML executed a contract agreeing to
sell certain property to Ridgefield's predecessor. As part of
the negotiation and execution of this contract, ASML negligently
misrepresented to Ridgefield that materials on the property
containing asbestos ("ACM") had been removed.

After the closing, Ridgefield discovered ASML's
misrepresentation and Ridgefield incurred damages in order to
remediate the ACM. The parties' submissions indicated
that Ridgefield was aware of ACM in certain limited areas of the
property, but according to Ridgefield, it was led to believe
falsely, through ASML's negligent misrepresentations, that more
extensive contamination had been removed during an earlier
renovation.

Pending before the court is ASML's motion for summary judgment.
The motion was denied.


ASBESTOS LITIGATION: Wrexham Marks and Spencer Store Has Hazards
----------------------------------------------------------------
Asbestos was discovered at the former Marks and Spencer store in
the town center of Wrexham, Wales, the Evening Leader reports.

A Marks and Spencer spokesman stressed that the asbestos was
sealed in and therefore presented no health risk.

The spokesman said, "The site is currently vacant and the
building contains a minimal amount of asbestos. An assessment by
independent consultants shows this is not dangerous as the
asbestos is sealed in."

The 20,000 square foot store in Hope Street was vacated at the
end of 2008 after a new Marks and Spencer store opened in the
Eagles Meadow shopping complex.


ASBESTOS LITIGATION: Council to Remove Hazards in Baytown Bldgs.
----------------------------------------------------------------
The City Council in Baytown, Tex., is set to demolish and remove
asbestos from several structures in the City, The Baytown Sun
reports.

Council members approved three contracts that would put up to
US$350,000 towards city improvements. Members approved a
contract not to exceed US$98,460 with Costello, Inc. of Houston
to improve the ongoing drainage issues in the Julie Ann Villa
Subdivision.

Council members also approved a contract not to exceed
US$138,317, with Malcolm Pirnie, Inc. The City wants the Houston
business to provide preliminary engineering services for the
Central District Wastewater Treatment Plant Project.

The Council also approved an ordinance to secure a safety net
demolition contract with All American Demolition, LLC. The
contract would allow the city to carry out the asbestos
abatement and demolition of Buildings No. 1 and No. 5 at 1800 N.
Alexander. The owners of the building have already agreed to
demolish the building themselves.

However, City Manager Garry Brumback urged the Council to
approve the contract in case the owners are not able to fulfill
their commitment. If used the contract would cost the city
US$115,000.


ASBESTOS LITIGATION: GMB, Unite, UCATT Support Asbestos Campaign
----------------------------------------------------------------
The GMB, Unite, and the Union of Construction, Allied Trades and
Technicians, on Jan. 22, 2009, pledged their support to The
Chronicle's campaign for pleural plaques victims, The Chronicle
reports.

The three unions aim to pressure the United Kingdom Government
to step in on behalf of North East workers struggling with
pleural plaques.

A House of Lords ruling in 2008 destroyed a decades-old right
for workers to be compensated for pleural plaques.

GMB regional secretary Tom Brennan said, "Our preferred course
of action is a reversal of the House of Lords' decision as soon
as possible and a restoration of compensation to all those who
have suffered by exposure to asbestos.

"The House of Lords' decision was flawed in the extreme. The
invasion of the body by a potentially deadly dust, the scarring
of the lungs internally and the resulting anxiety, where many go
on to develop more serious deadly asbestos-related diseases all
point to the need for a legal compensation system for all those
diagnosed with pleural plaques."

According to official Government figures, more than 85 people a
year die of asbestos-related diseases in the North East. Local
employers like shipyards used asbestos regularly, and former
workers tell of clouds of the deadly dust and fibers.

Since the 1980s, people diagnosed with pleural plaques had a
right to compensation from employers who negligently exposed
them to asbestos and caused permanent damage to their lungs.
Average awards ranged from GBP5,000 to GBP20,000.

However, after the test case brought to court by the insurance
industry in 2007, the House of Lords ended this right to
damages, after the insurers claimed pleural plaques does not
cause suffering, and so does not warrant a payout.

Following pressure from the unions in 2008, the Government held
a consultation, but has so far refused to say what, if anything,
they are prepared to do.


ASBESTOS LITIGATION: Submarine Worker's Death Linked to Exposure
----------------------------------------------------------------
An inquest heard that the death of a former submarine worker,
83-year-old Nicholas Harvey, was linked to exposure to asbestos,
The News reports.

Mr. Harvey, of Drayton, Portsmouth, England, served in
submarines during the Second World War. He died on his way to
Queen Alexandra Hospital in December 2007 after collapsing at
home.

Mr. Harvey spent a lot of his time in submarines working in the
engine rooms. In those confined spaces the risk of exposure to
asbestos was high, the inquest heard.

Concluding that Mr. Harvey died as a result of an industrial
disease, Coroner David Horsley said, "It's a horrible disease.
It hides itself away for 40 to 50 years. He has been exposed to
asbestos during his working life and has died from an industrial
disease."


ASBESTOS LITIGATION: United Airlines Dismissal Denied in Oilund
---------------------------------------------------------------
The U.S. District Court, Northern District of California, denied
United Airlines' motion to dismiss a lawsuit filed by Larry
Oilund. The matter was remanded to state court.

The case is styled Larry Oilund, Plaintiff v. United Airlines,
et al., Defendants.

District Judge Thelton E. Henderson entered judgment in Case No.
C 08-4016 the on Jan. 16, 2009.

Mr. Oilund's case was before the Court on several state law
discrimination claims against United Airlines, his former
employer, which Mr. Oilund brought under California's Fair
Employment and Housing Act (FEHA).

Mr. Oilund claimed that he experienced a series of medical
problems associated with his employment at United, including
exposure to asbestos, and asserted discrimination based on
medical disability under FEHA. United removed the case to
federal court, asserting preemption under the Railway Labor Act
(RLA) as the basis of removal.

The District Court concluded that Mr. Oilund's claims were not
preempted by the RLA.

The Court denied United's motion to dismiss and remanded this
case to the state court. In light of this dismissal and remand,
the case management conference currently scheduled for 1:30 P.M.
on Jan. 26, 2009 was vacated.

Charles Joshua Katz, Esq., in Millbrae, Calif., and Elladene Lee
Katz, Esq., in San Mateo, Calif., represented Mr. Oilund.

Hope A. Case, Esq., Nora R. Culver, Esq., of DLA Piper US LLP in
East Palo Alto, Calif., represented United Airlines.


ASBESTOS LITIGATION: South London Waste Disposal Inquiry Ongoing
----------------------------------------------------------------
A probe concerning the disposal of asbestos-containing building
waste at three cemeteries in south London is underway, the
Evening Standard reports.

The waste was allegedly buried by a disposal company at the
Camberwell Old, Camberwell New and Nunhead cemeteries with the
help of a former Southwark council manager to avoid landfill
charges.

The council has called in the Environment Agency and has begun
legal action against its former employee and the disposal
company. The council said no graves had been contaminated,
although some land would now be unsuitable for burial plots.

Annie Shepperd, chief executive of Southwark council, said, "As
soon as the council was aware of the nature of the activity
taking place we notified the appropriate regulatory body, the
Environment Agency, which is now carrying out a criminal
investigation.

"We are cooperating fully with their investigation. We are
determined that those responsible are dealt with. On Monday of
this week we started civil proceedings in the High Court against
a south London tipping company, its owner and a former manager
at Southwark council."


ASBESTOS LITIGATION: Landmark Asbestos Study Ongoing in Tasmania
----------------------------------------------------------------
An asbestos study, conducted by Cement Australia and the
Australian Workers' Union, is ongoing in Tasmania, Australia,
Mesothelioma reports.

Railton, a Tasmania-based cement plant, made asbestos-related
products between the years of 1947 and 1986. The new owners of
the plant, Cement Australia, have partnered with the Union to
collect data on the health of current and former Railton
employees.

Cement Australia already spent AUD5 million to remove asbestos
materials and increase employee awareness of where those
hazardous materials may have been most prevalent in the past.

Now, Cement Australia intends to keep close tabs on the health
of current employees and follow up on the health of previous
employees.

Under the study, the current lung health assessment process
currently enforced on current employees will be extended to
former and retired Railton workers.

The Union says the study is expected to yield new information
that will result in relevant medical and environmental findings.


ASBESTOS LITIGATION: Cleaner Air Could Add 5 Months to Life Span
----------------------------------------------------------------
The New England Journal of Medicine's latest study claims that
the reduction of air pollution over the last 20 years added
about five months to the average American's life span,
TransWorldNews reports.

Funded by the federal government and conducted by Harvard School
of Public Health and Brigham Young University researchers, the
study states that the average life span of Americans increased
about three years between 1978 and 2001, and that an estimated
4.8 months of this increase can be contributed to cleaner air.

Air pollution has been a problem in the United States,
especially in metropolitan areas like New York and Los Angeles.
In other parts of the country, oil refineries continue to
release air contaminants like sulfuric acid, mercury, and
benzene.

These oil refineries may also release asbestos into the air if
they experience a fire or explosion, and, if asbestos fibers
become airborne, they may be inhaled by those residing near to
the refinery and can lead to the eventual development of
mesothelioma.

A revised Clean Air Act was passed by Congress in 1970, which
gave the U.S. Environmental Protection Agency more power to
enforce national standards in an effort to better protect
citizens from air, water and soil pollutants.

Included under the Clean Air Act are regulations specific to
asbestos, which is named as a "hazardous air pollutant." If
asbestos is located in a structure, local governments and EPA
must be notified prior to abatement, and air quality testing
must be conducted to ensure that asbestos is not released into
the air in harmful amounts.

Air pollution levels have fallen from 21 micrograms per cubic
meter to 14 micrograms per cubic meter in the specific American
cities, which were included in the study.


ASBESTOS LITIGATION: Bedford County to Assess Hazard at Hospital
----------------------------------------------------------------
The Bedford County, Tenn., property committee and the Board of
Commissioners, on Jan. 20, 2009, voted to take bids on the
asbestos assessment of the old Bedford County General Hospital,
the Times-Gazette reports.

The assessment is essential if the county seeks to sell or
demolish the building and sell the property.

Commissioner Joe Tillett, who worked at BCMC when it was county-
owned, said he did not recall any such assessment being done
while he was at the facility.


ASBESTOS LITIGATION: Belluck to Speak at HarrisMartin Conference
----------------------------------------------------------------
Joseph Belluck, Esq., a founding partner of Belluck & Fox, LLP,
is to speak at HarrisMartin's New York Asbestos Litigation
Conference on Feb. 25, 2009, according to a Belluck & Fox press
release dated Jan. 22, 2009.

Mr. Belluck will appear on a panel of attorneys who will be
discussing issues related to asbestos litigation in Upstate New
York.

Belluck & Fox, LLP is a law firm that represents individuals
with asbestos and mesothelioma claims, as well as victims of
crime, medical malpractice, motorcycle crashes, lead paint and
other serious injuries.


ASBESTOS LITIGATION: Group Urges New Gov't to Protect Victims
----------------------------------------------------------------
Mesothelioma.com urges Barack Obama's new government to continue
to oppose certain types of legislation, which steal the power of
trial from the victims of asbestos exposure and allows
corporations to wash their hands of the harm they have inflicted
on these people, TransWorldNews reports.

Mesothelioma.com says that conservative lawmakers looking to
serve special interests and corporations have attempted to
eliminate the ability for victims of asbestos exposure to obtain
the fair trial and compensation they deserve.

Mesothelioma.com added that certain pieces of legislation have
attempted to fund a trust that would categorize payouts for
asbestos-related injuries or health complications. These payouts
are drastically underfunded and would establish a finite number
of dollars available for future victims, the number of which is
impossible to determine as most asbestos disease, like
mesothelioma, which can develop decades after exposure.


ASBESTOS LITIGATION: Court Affirms Ruling in Case Against Little
----------------------------------------------------------------
The U.S. Court of Appeals, Tenth Circuit, affirmed a district
court's decision, which ruled against Chick Arthur Little in the
asbestos case styled, United States of America, Plaintiff-
Appellee v. Chick Arthur Little, Defendant-Appellant.

Circuit Judges Paul J. Kelly, Bobby R. Baldock, and Terrence L.
O'Brien entered judgment in Case No. 08-6012 on Jan. 21, 2009.

Ross Nick Lillard III, Esq., and Randal A. Sengel, Esq., of the
Office of the U.S. Attorney in Oklahoma City, Okla., represented
the United States.

Daniel J. Gamino, Esq., of Gamino Associates in Oklahoma City,
Okla., represented Chick Arthur Little.

Elk City, Okla., purchased an abandoned train depot, requiring
extensive renovations, for municipal use. Mr. Little headed a
municipal work crew selected to perform an overhaul of the
depot.

Mr. Little's crew consisted of at least one other city employee,
and a number of inmates of the Oklahoma Department of
Corrections assigned to the Elk City Community Work Center. As
part of their work on the depot, these inmates were required to
remove a large quantity of insulation related to the depot's
boiler system. Authorities eventually determined that this
insulation contained asbestos.

Evidence indicating Mr. Little was aware of the possibility of
asbestos in the depot, and yet failed to take adequate measures
to protect the health of inmates, led to federal authorities
initiating criminal proceedings against him.

A grand jury charged Mr. Little with:

     -- Knowingly causing asbestos to be released into the
        ambient air, thus placing others in imminent danger of
        death or serious bodily injury

     -- Knowingly violating the waste disposal standard for
        asbestos, and

     -- Knowingly and willfully making a materially false
        statement in a matter within the jurisdiction of the
        executive branch of the Government of the United
        States.

The jury found Mr. Little guilty of negligent endangerment; a
lesser included offense of Count One; acquitted Mr. Little on
Count Two; and returned a guilty verdict on Count Four. At
sentencing, the district court imposed an eight-month term of
imprisonment on Counts One and Four, to run concurrently, and
imposed a special assessment of US$125.

Finding no merit to Mr. Little's contentions, the Appeals Court
affirmed.


ASBESTOS LITIGATION: Court Affirms Ruling in Case Against Hylton
----------------------------------------------------------------
The U.S. Court of Appeals, Tenth Circuit, upheld a district
court's decision, which ruled against Guy R. Hylton, Jr. in the
asbestos case styled United States of America, Plaintiff-
Appellee v. Guy R. Hylton, Jr., Defendant-Appellant.

Circuit Judges Paul J. Kelly, Bobby R. Baldock, and Terrence L.
O'Brien entered judgment in Case No. 08-6011 on Jan. 21, 2009.

Mr. Hylton served as the long-time city manager of Elk City,
Okla. Under his leadership, Elk City purchased an abandoned
train depot, requiring extensive renovations, for municipal use.

Inmates of the Oklahoma Department of Corrections, assigned to
the Elk City Community Work Center, were selected to perform an
overhaul of the depot. As part of their work on the depot, these
inmates were required to remove a large quantity of insulation
related to the depot's boiler system. Authorities determined
that this insulation contained asbestos.

Evidence indicating Mr. Hylton was aware of the possibility of
asbestos in the depot, and yet failed to take any measures to
protect the health of inmates, led to federal authorities
initiating criminal proceedings against him.

A grand jury charged Mr. Hylton with:

     -- Knowingly causing asbestos to be released into the
        ambient air, thus placing others in imminent danger of
        death or serious bodily injury;

     -- Knowingly violating the waste disposal standard for
        asbestos; and

     -- Knowingly and willfully making a false writing.

The jury acquitted Mr. Hylton on all three felony counts, but
convicted Mr. Hylton of negligent endangerment, a lesser
included offense of count one. At sentencing, the district court
imposed a six-month term of imprisonment and ordered Mr. Hylton
to pay a US$15,000 fine.

Finding no merit to Mr. Hylton's arguments, the Appeals Court
affirmed.

Ross Nick Lillard III, Esq., John C. Richter, Esq., and Randal
A. Sengel, Esq., of the Office of the U.S. Attorney in Oklahoma
City, Okla., represented the United States.

Mack K. Martin, Esq., of Martin Law Office in Oklahoma City,
Okla., represented Guy R. Hylton, Jr.


ASBESTOS LITIGATION: N.Y. Court Rules on Illinois National Case
----------------------------------------------------------------
The Supreme Court, Appellate Division, First Department, New
York, on Jan. 22, 2009, issued a ruling in the case styled
Illinois National Insurance Company, et al., Plaintiffs-
Appellants v. American Alternative Insurance Corporation,
Defendant-Respondent.

Justices Peter Tom, Richard T. Andrias, Eugene L. Nardelli,
James M. Catterson, and Karla Moskowitz entered judgment in the
case.

On Oct. 1, 2007, the Supreme Court, New York County, granted
plaintiffs' motion for reargument of their motion for summary
judgment and, upon reargument, adhered to a prior order and
judgment.

On May 9, 2007, the Supreme Court, New York County, denied
plaintiffs' motion and granted American Alternative's cross
motion for summary judgment, declaring that it has no obligation
to defend or indemnify plaintiffs in the underlying personal
injury action.

The insurance contract issued by American Alternative to the
nonparty asbestos abatement subcontractor included as an insured
"any person or organization for whom you are performing
operations when you and such person or organization have agreed
in writing in a contract or agreement that such person or
organization be added as an additional insured on your policy."

Plaintiffs conceded that the subcontractor's contract with the
City plaintiffs' general contractor did not contain an agreement
that the City parties be named as additional insureds.

Lester Schwab Katz & Dwyer, LLP, New York (Ellen M. Spindler,
Esq., of counsel), represented the Appellants.

Faust Goetz Schenker & Blee LLP, New York (Lisa L. Gokhulsingh,
Esq., of counsel), represented American Alternative Insurance
Corporation.


ASBESTOS LITIGATION: Court Rules on Consolidated Flooring Action
----------------------------------------------------------------
The Supreme Court, Appellate Division, First Department, New
York, ruled against Consolidated Flooring Corp. in an asbestos
lawsuit styled In re Consolidated Flooring Corp., Petitioner v.
The Environmental Control Board of the City of New York, et al.,
Respondents.

Justices Peter Tom, Richard T. Andrias, Eugene L. Nardelli,
James M. Catterson, and Karla Moskowitz entered judgment in Case
No. 5097 on Jan. 22, 2009.

An Environmental Control Board determination dated Dec. 6, 2007
found that Consolidated Flooring violated Asbestos Control
Program regulations of Department of Environmental Protection by
disturbing asbestos without taking proper steps to contain it
and to protect the public and its workers, and imposing a fine,
unanimously confirmed.

The petition was denied and the proceeding dismissed without
costs.

The record showed that Consolidated Flooring, hired to remove
and replace a wood floor in a public elementary school gym, was
engaged in asbestos "abatement activities" within the meaning of
the Asbestos Control Program regulations and was subject to
those regulations even if it had no reason to suspect the
presence of asbestos under the floor.

The Supreme Court had considered Consolidated Flooring's other
arguments and find them unavailing.

Mazur, Carp & Rubin, P.C., New York (Brian G. Lustbader, Esq.,
of counsel), represented Consolidated Flooring Corp.

Michael A. Cardozo, Corporation Counsel, New York (Tahirih M.
Sadrieh, Esq., of counsel), represented The Environmental
Control Board of the City of New York and other Respondents.


ASBESTOS LITIGATION: Asbestos Removed from Old Aboriginal Church
----------------------------------------------------------------
Asbestos has been removed from the abandoned Uniting Church
building, which is located in the aboriginal community of
Pukatja, South Australia, ABC News reports.

Jonathan Nicholls from UnitingCare Wesley says the asbestos has
worried the community because of the health risks. He said,
"It's been, aside from being an eyesore, has been of strong
concern to UnitingCare Wesley and to the community itself
obviously about what is happening with this building, which is
deteriorating so badly and in which there are a lot of asbestos
products."

The cleanup is paving the way for the church's renewal. Mr.
Nicholls added, "The asbestos has been removed from that
building and a new roof and other materials have replaced those
parts. This is the first stage of the restoration of that
building. It's probably about a third of its done I'd guess. And
now the Uniting Church in northern Australia is going to manage
the rest of the restoration of that building."


ASBESTOS LITIGATION: Hazard Found in 554 of 599 of Kent Schools
----------------------------------------------------------------
According to a BBC investigation, using the Freedom of
Information Act, asbestos is still found in 554 (90 percent) of
599 schools in Kent, England, kentnews.co.uk reports.

In an Inside Out episode scheduled for Jan. 28, 2009, presenter
Glenn Campbell joins an asbestos survey team as they assess
Chaucer Technology School in Canterbury to find out what risk it
poses to pupils and teachers, and what action is being taken to
protect them.


ASBESTOS LITIGATION: Jury Selection in W. R. Grace Case Underway
----------------------------------------------------------------
The selection process of jurors to hear the Libby, Mont.,
asbestos criminal trial against W. R. Grace & Co. is ongoing,
Montana's News Station reports.

The three-month hearing is set to start in February 2009.

Grace and several other defendants are facing criminal charges
in U.S. District Court, with the government accusing them of
environmental damage that has killed or caused illness for
hundreds of Lincoln County residents.

In the second day of a hearing approving evidence and setting
ground rules for the trial, Judge Donald Molloy cleared the way
for court clerks to call the numbers for a pool of 80 people
that may be selected to hear the case. However, Judge Molloy
told attorneys he will be the one asking questions of the jurors
as they are examined before the start of the trial.

Judge Molloy says because this case is "unusual" with "no
identifiable crime victims" as allowed by federal law, and he
stipulated that if people are called to testify during the
trial, it does not mean they will be identified as crime
victims.

Judge Molloy will also consider having up to six alternate
jurors so the hearing would not run out of jurors during its
expected three month length. The judge is also allowing both the
government and the defense additional time for their opening
arguments.

Grace attorneys complained they needed more than the previously-
allotted half-hour to tell "an entirely different view" to what
they expect to be the "compelling story" told by Assistant U.S.
Attorney Chris McLean and his team.


ASBESTOS LITIGATION: Simmons Calls For Moving Malpractice Trial
----------------------------------------------------------------
John Simmons, Esq., of East Alton, Ill., and Mark Goldenberg's
firm in Edwardsville, Ill., on Jan. 9, 2009, asked Madison
County Circuit Judge Barbara Crowder to change the Feb. 9, 2009
trial date she set for the legal malpractice case against Mr.
Simmons, The Madison St. Clair Record reports.

Mr. Simmons and Mr. Goldenberg face a claim that their
negligence reduced the value of an asbestos claim that widow
Judy Buckles hired them to pursue. Roy Dripps, Esq., of Lakin
Law Firm in Wood River represents Mrs. Buckles.

Mr. Goldenberg has moved to disqualify the Lakin firm for
conflicts of interest from way back, and Judge Crowder has not
made up her mind about it.

On Dec. 16, 2008, Judge Crowder held a hearing on
disqualification and on a motion from Mr. Simmons for summary
judgment, and she continued both motions to Jan. 30, 2009. Now
she has added the motion for a new trial date to the Jan. 30
docket.

Mrs. Buckles sued in 2006, reinstating a suit that all parties
had agreed to dismiss without prejudice in 2005. Tom Lakin filed
the original suit in 2001, against the Hopkins Goldenberg firm,
Goldenberg, John Hopkins, David Antognoli, Elizabeth Heller and
William Miller.

Chief Justice P.J. O'Neill assigned Circuit Judge Andy Matoesian
to the case, but Mr. Miller moved for substitution.

Judge O'Neill assigned Circuit Judge Nicholas Byron, but he
recused himself when Hopkins Goldenberg moved to sue Mr. Simmons
and Randy Bono as third parties. Mr. Simmons worked at Hopkins
Goldenberg from 1997 to 1999, and represented Mrs. Buckles
before and after he started his own firm.

Circuit Judges George Moran and Philip Kardis recused
themselves, leaving Judge O'Neill without any judges. Judge
O'Neill asked the Illinois Supreme Court for help, and the Court
sent Effingham County Circuit Judge Steven Seymour.

Hopkins Goldenberg moved to disqualify the Lakin firm from
representing Mrs. Buckles due to close ties between the Lakins
and Mr. Simmons, who appeared and still appears on Lakin
letterhead as, "of counsel."

In 2002, Mrs. Buckles added as a defendant Mr. Simmons, who
responded with a substitution motion.

On July 13, 2005, with trial nine days away, Mr. Goldenberg's
firm renewed the motion to disqualify the Lakin firm.


ASBESTOS LITIGATION: Mayo Group Indicted for Cleanup Violations
----------------------------------------------------------------
A Worcester County Grand Jury, on Jan. 23, 2009, returned
indictments against the Mayo Group Development LLC, for the
improper removal of asbestos at a 10-story building in downtown
Worcester, according to a press release issued by the Attorney
General of Massachusetts Office.

The Mayo Group, a real estate investment, development, and
management company headquartered in Boston, was indicted on
charges it violated the Clean Air Act for failure to file
notices of asbestos removal with the Massachusetts Department of
Environmental Protection (two counts), failure to comply with
procedures for asbestos emissions control (two counts), and
improper disposal of asbestos waste (one count).

The indictments stem from an investigation by the Massachusetts
Environmental Crimes Strike Force (ECSF), an interagency unit
that includes prosecutors from the Attorney General's Office,
Environmental Police Officers assigned to the Attorney General's
Office, and investigators and engineers from the MassDEP.

Authorities allege that the Mayo Group used its own employees to
demolish parts of Worcester Commons, a 10-story building located
at 50 Franklin Street, and failed to conduct a full asbestos
survey of the building and properly remove asbestos from the
site before it began demolition or renovation work. Authorities
also alleged that residents were living in the building while
workers were demolishing structural elements that contained
asbestos.

Investigators allege that in February 2007, MassDEP employees
observed demolition debris being thrown out of a window at
Worcester Commons. A subsequent inspection conducted by
authorities resulted in the discovery of impacted asbestos
containing material within the building and in a waste pile and
disposal trailer on the property's premises. Authorities also
allege asbestos from the site was scheduled for disposal at a
landfill that was not a designated site for the disposal of
asbestos waste.

MassDEP issued a cease and desist order in the spring of 2007
following an inspection that found impacted asbestos containing
material on the second floor of the building, but authorities
allege that unauthorized asbestos removal continued in other
parts of the 10-story building where residents continued to
reside, posing a risk to both residents and the workers
involved.

Authorities further allege that the Mayo Group violated the
Massachusetts Clean Air Act by failing to notify MassDEP of
asbestos demolition, failing to follow mandated asbestos removal
procedures during the demolition and renovation, and improperly
disposing of asbestos waste.

This case was investigated by the Massachusetts Environmental
Crimes Strike Force (ECSF), which is overseen by Attorney
General Coakley, MassDEP Commissioner Laurie Burt and Energy and
Environmental Affairs Secretary Ian A. Bowles. The ECSF
investigates and prosecutes crimes that harm or threaten the
state's water, air, or land and that pose a significant threat
to human health.

The indictments were returned in the afternoon of Jan. 23, 2009.
The Mayo Group will be summonsed for arraignment in Worcester
Superior Court at a later date.

Assistant Attorney General Wendoly Ortiz Langlois, of Attorney
General Coakley's Environmental Crimes Strike Force, is
prosecuting the case.


ASBESTOS LITIGATION: Somerset Worker's Death Linked to Exposure
----------------------------------------------------------------
A Jan. 20, 2009 inquest at the West Somerset Magistrates Court
heard that the death of 59-year-old worker John Studley, of
Watchet, Somerset, England, was linked to exposure to asbestos,
This is The West Country reports.

Born in 1948, Mr. Studley left school at the age of 15 and
worked as an apprentice chemical plumber at the Royal Ordance
Factor (ROF) in Puriton.

In a statement made before his death, Mr. Studley recalled
working with pipes coated in asbestos lagging and said his face
would often be very close to it when being removed. He also cut
asbestos gaskets in the workshop.

West Somerset Coroner Michael Rose said Mr. Studley came in
contact with asbestos at Hinkley Point, British Cellophane in
Bridgwater, while plumbing for Sedgemoor District Council and
while working abroad.

The inquest heard Mr. Studley started having chest problems in
January 2006. He was diagnosed with mesothelioma in July 2006
and died in June 2008.

Mr. Rose said he hopes the number of asbestos-related deaths has
"peaked" after dealing with his second case in January 2009.


ASBESTOS LITIGATION: James Hardie Considers Moving Base to U.S.
----------------------------------------------------------------
James Hardie Industries N.V. is considering transferring its
corporate headquarters from The Netherlands to the United
States, where the Company's operational headquarters are already
located, The Age reports.

Hardie had insisted its move to the Netherlands was purely tax-
related and had no relation to the asbestos liabilities it has
in Australia.

Hardie is expected to announce the shifting of its corporate
base and primary listing to the United States as soon as
February 2009, more than seven years after the Company's move to
the Netherlands.

Hardie chief executive Louis Gries is expected to offer an
update on the possible shift when the Company reports its third-
quarter results in Sydney on Feb. 12, 2009.

In November 2008, Mr. Gries said Hardie had the option of moving
back to Australia where most of the Company's shareholders were,
move to the United States where it generated about 75 percent of
its revenue, or to stay in the Netherlands.

In Hardie's annual report, Mr. Gries said the Company "no longer
(derived) the benefits from our Netherlands domicile to the same
extent as we have in the past."

The Company has already signaled it could make a decision on its
domicile well before its "financial risk reserve agreement" with
the Dutch Government expired in late 2010. The agreement allows
Hardie's finance subsidiaries that are located in the
Netherlands to pay less tax.

However, the move to the Netherlands was complicated by the
signing of a new tax treaty the country had with the U.S. in
2006. The Internal Revenue Service slapped the Company with a
US$49 million demand related to unpaid withholding tax
transferred from its U.S. operations to the Netherlands
following the implementation of the new tax treaty.

Hardie also faces an AUD378 million bill, which it will contest
in court later in 2009, from the Australian Tax Office related
to a corporate restructure it undertook in 1998-99 before its
shift to the Netherlands.

The Company also suspended dividend payments in November 2008
due to the housing slowdown in the U.S., the tax claims, and the
costs that may arise from another change of domicile.

The growing number of Americans on Hardie's board — including
the CEO and chairman Michael Hammes — has been taken as a signal
the Company eventually wants to be based where most of its
operations are.

The complexity of having a corporate base in the Netherlands, an
operations base in the U.S. and a primary listing in Australia
means the Company also has to contend with three corporate
regulators.


ASBESTOS LITIGATION: Cleanup at Rock Island's Armory Completed
----------------------------------------------------------------
Asbestos cleanup and the removal of lead paint and windows at
the Armory in Rock Island, Ill., have already been completed,
the Quad-City Times reports.

The Armory will be demolished in February 2009. The City is
spending US$2.1 million on the demolition, which will make room
for the new Armory Park.

The City's planning and redevelopment administrator, Alan
Carmen, said there will be a ceremony before the work begins,
but a date has not been set.

The demolition work will be done by Valley Construction of Rock
Island, which will take the building down slowly with
traditional equipment. The work is to be done within 90 days.

Mr. Carmen said the north wall of the Armory has served as a
flood wall when the Mississippi River goes above 18 feet. The
City will use a temporary flood protection basket system to
guard against flooding while the work is being done. The baskets
will be filled with sand and stacked like a pyramid.

The proposed park will feature a plaza, two lawns separated by a
water feature, a boat landing area, an observation area, parking
lots and a stage with seating where the building once stood.

The park will not be finished until the spring or summer of
2010.


ASBESTOS LITIGATION: Researcher from Japan Develops Asbestosis
----------------------------------------------------------------
Japan's Education, Science and Technology Ministry said that an
unnamed man who worked as researcher on a 1968 expedition to
Antarctica, during which he used asbestos, has asbestosis, The
Yomiuri Shimbun reports.

Now in his 70s, the former researcher had sprayed asbestos
insulation at the No. 9 power generating facility in Showa
Station, Japan's base for Antarctic exploration.

Asbestos was used in the No. 9 power generating facility, which
was built in 1968 and demolished between 1995 and 1998, and the
station's seismoscope room, which was constructed in 1970 and
closed in 1998.

About 30 people sprayed asbestos at the power station from Jan.
28, 1968 to March 12, 1968.

Between 1968 and 1998, about 1,500 people were dispatched to
Antarctica from Japan.

The Ministry will set up a consultation service desk at the
National Institute of Polar Research and will begin conducting a
health survey on 220 people who were engaged in construction or
demolition work at the station between 1968 and 1998.

The man was diagnosed as having scarred lung tissue through a
health check. Late in 2008, he contacted the research institute
he used to work for as a consultant about an asbestos health
book given to people who have engaged in asbestos-related work.

The Ministry will advise people who may have inhaled asbestos at
Showa Station to have health checkups and to carefully monitor
their health.

Takumi Kishimoto, deputy director of Okayama Rosai Hospital and
a specialist in asbestos-related health damage, said, "According
to [the man's] chest radiograph, he doesn't seem to have inhaled
a large amount of asbestos. I believe he was only exposed to the
material for a short time. But it's necessary [for the ministry]
to track and monitor his health."


ASBESTOS LITIGATION: Classroom at Norwood Reopens After Repairs
----------------------------------------------------------------
A classroom at Norwood Primary School, in Gunthorpe, England,
was reopened after emergency repairs were carried out, the
Evening Telegraph reports.

The classroom was closed off week after a hole was found in the
ceiling, exposing insulation boards which contained asbestos,
during routine health and safety work.

The hole was found during a routine health and safety walk, and
the room was immediately sealed off and classes moved to one of
the IT rooms.

Specially trained inspectors from Peterborough City Council were
called in the next morning to assess the danger posed by the
hole.

Head teacher Deborah Reynolds said, "The surveyors ruled there
was no significant immediate risk to health, as upon inspection
there were no loose fibers. Asbestos is only hazardous to health
when fibers are disturbed and then inhaled."

It is believed the damage was caused when filling material used
in the original construction fell through, exposing the
asbestos-insulation boards in the ceiling.

Contractors repaired the cavity after the inspectors left, and a
final inspection was made before classes resumed.

Mrs. Reynolds said, "Like many schools, we are currently in
close association with the Local Education Authority working to
replace any asbestos, so that this kind of disruption doesn't
happen again."


ASBESTOS LITIGATION: Board Plans Cleanup at Southwestern School
----------------------------------------------------------------
The Southwestern School Board is making plants to deal with
asbestos removal and accessibility issues at Southwestern High
School in Piasa, Ill., The Telegraph reports.

Ittner Architects presented an ADA (Americans with Disabilities
Act of 1990) accessibility study to the district's Facilities
Committee on Jan. 15, 2009. However, the School Board must deal
with asbestos removal at the high school before the
accessibility work can begin.

On Jan. 20, 2009, the School Board voted to have a special
meeting at Jan. 29, 2009, with Ittner and asbestos abatement
firm Environmental Consultants to update the board on the
projects and provide cost estimates for the work.

Southwester Superintendent Larry Elsea said, "There is a lot of
ADA work to complete at the high school."


ASBESTOS LITIGATION: Penn Records $2.6MM Liabilities at Sept. 30
----------------------------------------------------------------
Penn Millers Holding Corporation's estimated liability for
asbestos and environmental claims is US$2,609,000 at Sept. 30,
2008 (unaudited), compared with US$2,764,000 at Dec. 31, 2007
and US$2,620,000 at Dec. 31, 2006.

A substantial portion of the liabilities results from the
Company's participation in assumed reinsurance pools, according
to a Company report, on Form S-1, filed with the Securities and
Exchange Commission on Jan. 26, 2009.


COMPANY PROFILE:

Penn Millers Holding Corporation
72 North Franklin Street
P.O. Box P
Wilkes-Barre, Pa. 18773-0016
Tel.: (800) 822-8111

Description:
Penn Millers Holding Corporation provides property and casualty
insurance products designed to meet the insurance needs of
certain segments of the agricultural industry and the needs of
small commercial businesses. The Company limits its sales of its
agricultural insurance products to 33 states and its commercial
insurance products to eight states.


ASBESTOS LITIGATION: Sealed Air Has $707.8M Liability at Dec. 31
----------------------------------------------------------------
Sealed Air Corporation's current asbestos liability and related
accrued interest was US$707.8 million as of Dec. 31, 2008,
compared with US$670.9 million as of Dec. 31, 2007, according to
a Company report, on Form 8-K, filed with the Securities and
Exchange Commission on Jan. 26, 2009.

The Company's current asbestos settlement liability and related
accrued interest was US$698.6 million as of Sept. 30, 2008.
(Class Action Reporter, Nov. 7, 2008)

Headquartered in Elmwood Park, N.J., Sealed Air Corporation
largest product segment, Food Packaging, produces Cryovac shrink
films, absorbent pads, and foam trays used by food processors
and supermarkets to protect meat and poultry. The Company's
Protective Packaging segment produces Bubble Wrap, Instapak
foam, Jiffy envelopes, and Fill-Air inflatable packaging
systems.


ASBESTOS LITIGATION: Crane Reports $839.49M Liability at Dec. 31
----------------------------------------------------------------
Crane Co.'s long-term asbestos liability was US$839,496,000 as
of Dec. 31, 2008, compared with US$942,776,000 as of Dec. 31,
2007, according to a Company report, on Form 8-K, filed with the
Securities and Exchange Commission on Jan. 26, 2009.

The Company's long-term asbestos liability was US$877,754,000 as
of Sept. 30, 2008. (Class Action Reporter, Nov. 7, 2008)

The Company's current asbestos liability was US$91 million as of
Dec. 31, 2008, compared with US$84 million as of Dec. 31, 2007.

The Company's long-term asbestos insurance receivable was
US$260,660,000 as of Dec. 31, 2008, compared with US$306,557,000
as of Dec. 31, 2007.

The Company's long-term asbestos insurance receivable was
US$276,449,000 as of Sept. 30, 2008. (Class Action Reporter,
Nov. 7, 2008)

The Company's current asbestos insurance receivable was US$41.3
million as of Dec. 31, 2008, compared with US$33.6 million as of
Dec. 31, 2007.

Asbestos-related payments, net of insurance recoveries, were
US$23,168,000 during the three months ended Dec. 31, 2008,
compared with US$17,509,000 during the three months ended Dec.
31, 2007.

Asbestos-related payments, net of insurance recoveries, were
US$58,083,000 during the 12 months ended Dec. 31, 2008, compared
with US$10,198,000 during the 12 months ended Dec. 31, 2007.

Net income for the full year 2008 was US$135.2 million, or
US$2.24 per diluted share. For the full year 2007, the Company
reported a net loss of US$62.3 million, or US$1.04 per share,
which included certain special items including a provision of
US$4.22 per share to extend its asbestos liability from 2011 to
2017.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products
and solutions to customers in the aerospace, electronics,
hydrocarbon processing, petrochemical, chemical, power
generation, automated merchandising, transportation and other
markets. Crane has about 12,000 employees in North America,
South America, Europe, Asia and Australia.


ASBESTOS LITIGATION: Agency Confirms Exposure of U.S. Veterans
----------------------------------------------------------------
Hundreds of thousand of United States veterans had been exposed
to asbestos during their service to the country, the U.S.
Department of Veterans Affairs said, Asbestos.com reports.

Over 300 products containing asbestos were used by the Navy and
other military sectors from the 1930s through the 1970s. This
has led to asbestos exposure among military personnel.

Although not everyone who is exposed to asbestos will develop an
asbestos-related illness, long-term exposure does increase the
possibility. About 2,000 to 3,000 new mesothelioma cases are
reported annually in the United States alone.

Around the turn of the 20th century, asbestos business grew into
a major corporate industry. By 1922, the Navy issued a medical
checklist that placed asbestos in a list of hazardous
occupations and recommended the use of respirators.

The U.S. Navy was not ignorant of the dangers of asbestos and
evidence shows the hazardous qualities of asbestos was covered
up by asbestos manufacturers. Any asbestos concerns were
silenced in the race to build the U.S. Navy fleet prior to World
War II.

Working in shipyards during WWII became almost as dangerous as
fighting in the war itself. As many as four million service men
and women worked in shipyards repairing and building vessels.
Thousands of tons of asbestos were used as piping and boiler
insulation aboard navigation rooms, sleeping quarters, and mess
halls in ships.

The Navy issued a ban on asbestos-contaminated materials on new
ships in 1973, but then violated its own ban for the next five
years.

In 1983, the Navy Asbestos Control Program was created to help
facilitate compliance with asbestos-related regulations set by
the U.S. Department of Labor's Occupational Safety and Health
Administration. However, many veterans continued to be exposed
to high levels of asbestos even after the Navy began to replace
contaminated ships.

Most veteran asbestos exposure continued to occur when veterans
work on naval vessels where asbestos-contaminated products were
heavily used. Many of these older ships are decommissioned and
sent for overhaul to third world countries that have limited
regulations or little knowledge of the dangers of asbestos.

This began in the 1990s when the U.S. Navy began to sell
obsolete ships for scrap materials where workers have no prior
knowledge of the dangers involved in handling asbestos.

Since March 2003, United States combat troops have been
stationed in Iraq where they face many dangers while performing
military operations. Many are unaware of the potential threat of
asbestos exposure.

Documents from 2003 reveal that over US$194,000 worth of
asbestos was imported into Iraq.

Currently, mesothelioma is not readily recognized as a service-
related medical ailment. However, veterans can apply for Veteran
Affairs (VA) benefits for asbestos-related illness and must
provide proof that their exposure occurred at the time of their
military service.


ASBESTOS LITIGATION: SimmonsCooper LLC Announces 7 New Partners
----------------------------------------------------------------
The law firm of SimmonsCooper LLC, which specializes on asbestos
litigation, on Jan. 26, 2009, announced the addition of seven
new partners to the firm, according to a SimmonsCooper press
release dated Jan. 26, 2009.

The new partners are Nicholas Angelides, Esq., Brian Cooke,
Esq., Amy Garrett, Esq., Christopher Guinn, Esq., Shane Hampton,
Esq., Robert Phillips, Esq., and Shelby Reed, Esq. Each has
extensive experience in asbestos litigation.

SimmonsCooper is a law firm with more than 50 attorneys,
including 17 partners, and offices in Illinois and California.
The firm has represented more than 2,000 patients and families
affected by mesothelioma in nearly every state in the country.
The firm also has pledged more than US$10 million to cancer
research and works with top mesothelioma medical experts
throughout the country, supporting their work toward a cure.

Founding partner John Simmons, Esq., said, "Each of the lawyers
promoted to partner this year have made outstanding
contributions to the firm and have provided invaluable
assistance to patients and their loved ones."

The SimmonsCooper Cancer Institute at Southern Illinois
University serves people through a comprehensive approach of
education, research, and patient services; and the firm's
Mesothelioma Video Library is an educational outreach program
designed to educate and assist victims and families.


ASBESTOS LITIGATION: Ashland's Litigation Reserve Totals $807Mil
----------------------------------------------------------------
Ashland Inc.'s noncurrent asbestos litigation reserve was US$807
million at Dec. 31, 2008, compared with US$546 million at Dec.
31, 2007, according to a Company report, on Form 8-K, filed with
the Securities and Exchange Commission on Jan. 27, 2009.

The Company's non-current asbestos litigation reserve was US$522
million at Sept. 30, 2008, compared with US$458 million at Sept.
30, 2007. (Class Action Reporter, Nov. 7, 2008)

The Company's noncurrent asbestos insurance receivable was
US$447 million at Dec. 31, 2008, compared with US$448 million at
Dec. 31, 2007.

Headquartered in Covington, Ky., Ashland Inc. provides specialty
chemical products, services, and solutions. The Company operates
through five commercial units: Ashland Aqualon Functional
Ingredients, Ashland Hercules Water Technologies, Ashland
Performance Materials, Ashland Consumer Markets (Valvoline) and
Ashland Distribution.


ASBESTOS LITIGATION: Crane's Bid in Baccus Case Denied on Jan. 5
----------------------------------------------------------------
Crane Co.'s post-trial motions in the James Baccus asbestos
claim were denied by order dated Jan. 5, 2009, according to a
Company report, on Form 8-K, filed with the Securities and
Exchange Commission on Jan. 26, 2009.

During the fourth quarter of 2007 and the first quarter of 2008,
the Company tried several cases resulting in defense verdicts by
the jury or directed verdicts for the defense by the court.

However, on March 14, 2008, the Company received an adverse
verdict in the James Baccus claim in Philadelphia, with
compensatory damages of US$2.45 million and additional damages
of US$11.9 million.

The Company intends to pursue all available rights to appeal the
verdict.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products
and solutions to customers in the aerospace, electronics,
hydrocarbon processing, petrochemical, chemical, power
generation, automated merchandising, transportation and other
markets. Crane has about 12,000 employees in North America,
South America, Europe, Asia and Australia.


ASBESTOS LITIGATION: Crane's Appeal in Brewer Case Still Pending
----------------------------------------------------------------
Crane Co. is pursuing an appeal over the adverse verdict in the
Chief Brewer asbestos claim, according to a Company report, on
Form 8-K, filed with the Securities and Exchange Commission on
Jan. 26, 2009.

On May 16, 2008 the Company received an adverse verdict in the
Chief Brewer claim in Los Angeles. The amount of the judgment
entered was about US$679,000 plus interest and costs.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products
and solutions to customers in the aerospace, electronics,
hydrocarbon processing, petrochemical, chemical, power
generation, automated merchandising, transportation and other
markets. Crane has about 12,000 employees in North America,
South America, Europe, Asia and Australia.


ASBESTOS LITIGATION: Philips' EUR931Mil EBITA Due to Settlement
----------------------------------------------------------------
Royal Philips Electronics N.V.'s EBITA (earnings before
interest, tax and amortization) for the full year of 2008 was
EUR931 million, 55 percent lower than in 2007, primarily
impacted by EUR241 million final settlement on asbestos-related
claims in the United States.

Other factors included an EUR654 million of restructuring and
acquisition-related charges and lower earnings in all sectors
except Healthcare, notably at Consumer Lifestyle.

No other asbestos-related matters were disclosed in the
Company's report, on Form 6-K, filed with the Securities and
Exchange Commission on Jan. 27, 2009.

Headquartered in Amsterdam, The Netherlands, Royal Philips
Electronics N.V. makes consumer electronics, including TVs,
VCRs, DVD players, and fax machines. The Company also makes
light bulbs, electric shavers and other personal care
appliances, picture tubes, medical systems, and silicon systems
solutions.


ASBESTOS LITIGATION: 74,872 Claims Ongoing v. Crane at Dec. 31
----------------------------------------------------------------
Crane Co. had 74,872 asbestos-related claims as of Dec. 31,
2008, compared with 80,999 claims as of Dec. 31, 2007, according
to a Company report, on Form 8-K, filed with the Securities and
Exchange Commission on Jan. 26, 2009.

As of Dec. 31, 2008, the Company was a defendant in cases filed
in various state and federal courts alleging injury or death as
a result of exposure to asbestos.

During the year ended Dec. 31, 2008, the Company recorded 4,671
new claims, 1,236 settlements, and 9,562 dismissals. During the
year ended Dec. 31, 2007, the Company recorded 3,417 new claims,
1,441 settlements, and 6,918 dismissals.

Of the 74,872 pending claims as of Dec. 31, 2008, about 25,200
claims were pending in New York, about 24,300 claims were
pending in Mississippi, about 9,300 claims were pending in Texas
and about 3,600 claims were pending in Ohio.

Substantially all of the claims the Company resolves are
concluded through settlements. To date, the Company has paid one
judgment arising from an adverse jury verdict in an asbestos
matter.

That payment, in the amount of US$2.54 million, was made on July
14, 2008, about two years after the adverse verdict, in the
Joseph Norris matter in California, after the Company had
exhausted all post-trial and appellate remedies.

Those judgment amounts are not included in the Company's
incurred costs until available appeals are exhausted and the
final payment amount is determined.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products
and solutions to customers in the aerospace, electronics,
hydrocarbon processing, petrochemical, chemical, power
generation, automated merchandising, transportation and other
markets. Crane has about 12,000 employees in North America,
South America, Europe, Asia and Australia.


ASBESTOS LITIGATION: Crane Incurs $97.1M for Settlement, Defense
----------------------------------------------------------------
The gross asbestos-related settlement and defense costs incurred
(before insurance recoveries and tax effects) for Crane Co.
totaled US$97.1 million in the year ended Dec. 31, 2008, US$87.5
million in the year ended Dec. 31, 2007, and US$69.1 million in
the year ended Dec. 31, 2006.

The gross settlement and defense costs incurred (before
insurance recoveries and tax effects) for the Company totaled
US$71.1 million in the nine-month period ended Sept. 30, 2008,
compared with US$64.7 million in the nine-month period ended
Sept. 30, 2007. (Class Action Reporter, Nov. 7, 2008)

The Company's total pre-tax payments for settlement and defense
costs, net of funds received from insurers, in the years ended
Dec. 31, 2008, 2007 and 2006 totaled US$58.1 million, US$10.2
million (reflecting the receipt of US$31.5 million in previously
escrowed funds from Equitas Limited in January 2007 and the
receipt of US$10 million for full policy buyout from Employers
Reinsurance Company in April 2007), and US$40.6 million,
respectively.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products
and solutions to customers in the aerospace, electronics,
hydrocarbon processing, petrochemical, chemical, power
generation, automated merchandising, transportation and other
markets. Crane has about 12,000 employees in North America,
South America, Europe, Asia and Australia.


ASBESTOS LITIGATION: Travelers Net Reserve at $3.227B at Dec. 31
----------------------------------------------------------------
The Travelers Companies, Inc. net asbestos reserves were
US$3.227 billion during the quarter ended Dec. 31, 2008,
compared with US$3.785 billion during the quarter ended Dec. 31,
2007, according to a Company report, on Form 8-K, filed with the
Securities and Exchange Commission on Jan. 27, 2009.

The Company's gross asbestos reserves were US$3.727 billion
during the quarter ended Dec. 31, 2008, compared with US$4.447
billion during the quarter ended Dec. 31, 2007.

Headquartered in St. Paul, Minn., The Travelers Companies, Inc.
provides property casualty insurance for auto, home and
business.


ASBESTOS LITIGATION: Cooper Cites $16.6M After-Tax Income in 3Q
----------------------------------------------------------------
Cooper Industries, Ltd., in the third quarter of 2008,
recognized an asbestos-related after-tax discontinued operations
income of US$16.6 million or US$0.09 per share, according to a
Company report, on Form 8-K, filed with the Securities and
Exchange Commission on Jan. 27, 2009.

As was previously announced on Oct. 1, 2008, the Company will
not participate in the Federal Mogul Corporation Asbestos Trust
and is instead proceeding under Plan B. Therefore, the Federal
Mogul bankruptcy estate paid the Company US$141 million in early
October 2008.

The Company's financial statements reflect the assets and
liabilities related to the on-going activities under Plan B. As
a result of these adjustments, the Company recognized the after-
tax discontinued operations income.

Headquartered in Houston, Cooper Industries, Ltd. manufactures
electrical products. The Company has eight operating divisions
and brands including: Bussmann electrical and electronic fuses;
Crouse-Hinds and CEAG explosion-proof electrical equipment; Halo
and Metalux lighting fixtures; and Kyle and McGraw-Edison power
systems products.


ASBESTOS LITIGATION: H.B. Fuller Settles 5 Lawsuits at Nov. 29
----------------------------------------------------------------
H.B. Fuller Company, during the year ended Nov. 29, 2008,
settled five asbestos-related lawsuits for US$808,000, in which
the Company's insurers have paid or are expected to pay
US$599,000 of that amount, according to the Company's annual
report filed with the Securities and Exchange Commission on Jan.
28, 2009.

One of the five asbestos-related lawsuits settled in the fourth
quarter for US$150,000 and the Company's insurers are expected
to pay US$108,000 of that amount. In addition, during the fourth
quarter of 2007, the Company and a group of other defendants
entered into negotiations with certain law firms to settle a
number of asbestos-related lawsuits and claims.

Subject to finalization of the terms and conditions of the
settlement, the Company expects to contribute up to US$4,280,000
towards the settlement amount to be paid to the claimants in
exchange for a full release of claims. Of this amount, the
Company's insurers have committed to pay US$2,068,000 based on a
probable liability of US$4,280,000.

Given that the payouts are expected to occur on certain dates
over a four-year period and the accrual is based on the maximum
number of cases to be settled the Company applied a present
value approach and has accrued US$4,191,000 and recorded a
receivable of US$2,025,000.

The Company has been named as a defendant in lawsuits in various
courts in which plaintiffs have alleged injury due to products
containing asbestos manufactured more than 25 years ago.

A significant portion of the defense costs and settlements
relating to asbestos-related litigation involving the company
continues to be paid by third parties, including indemnification
under the provisions of a 1976 agreement under which the Company
acquired a business from a third party. Historically, this third
party routinely defended all cases tendered to it and paid
settlement amounts resulting from those cases.

In the 1990s, the third party sporadically reserved its rights,
but continued to defend and settle all asbestos-related claims
tendered to it by the company. In 2002, the third party rejected
the tender of certain cases by the Company and indicated it
would seek contributions from the Company for past defense
costs, settlements and judgments.

However, this third party is defending and paying settlement
amounts, under a reservation of rights, in most of the asbestos
cases tendered to the third party by the Company. During the
fourth quarter of 2007, the Company and a group of other
defendants, including the third party obligated to indemnify the
Company against certain asbestos-related claims, entered into
negotiations with certain law firms to settle a number of
asbestos-related lawsuits and claims.

In addition to the indemnification arrangements with third
parties, the Company has insurance policies that generally
provide coverage for asbestos liabilities (including defense
costs). Historically, insurers have paid a significant portion
of the defense costs and settlements in asbestos-related
litigation involving the company. However, certain of the
Company's insurers are insolvent.

The Company and its insurers have entered into cost-sharing
agreements that provide for the allocation of defense costs and,
in some cases, settlements and judgments, among these insurers
and the Company in asbestos-related lawsuits. The Company is
required in some cases to fund a share of settlements and
judgments allocable to years in which the responsible insurer is
insolvent.

Headquartered in St. Paul, Minn., H.B. Fuller Company
manufactures and markets adhesives and specialty chemical
products globally, with sales operations in 36 countries in
North America, Europe, Latin America and the Asia Pacific
region. The business is reported in four regional operating
segments: North America, Europe, Latin America and Asia Pacific.


ASBESTOS LITIGATION: H.B. Fuller Records $4.34M for Liabilities
----------------------------------------------------------------
H.B. Fuller Company, as of Nov. 29, 2008, had recorded
US$4,341,000 for probable liabilities and US$2,133,000 for
insurance recoveries related to asbestos claims, according to
the Company's annual report filed with the Securities and
Exchange Commission on Jan. 28, 2009.

As of Aug. 30, 2008, the Company had US$4.9 million accrued for
probable asbestos-related liabilities. As of Aug. 30, 2008, the
Company accrued US$2.6 million for insurance recoveries related
to asbestos claims. (Class Action Reporter, Oct. 10, 2008)

However, the Company has concluded that it is not possible to
reasonably estimate the cost of disposing of other asbestos-
related claims (including claims that might be filed in the
future) due to its inability to project future events.

Headquartered in St. Paul, Minn., H.B. Fuller Company
manufactures and markets adhesives and specialty chemical
products globally, with sales operations in 36 countries in
North America, Europe, Latin America and the Asia Pacific
region. The business is reported in four regional operating
segments: North America, Europe, Latin America and Asia Pacific.


ASBESTOS LITIGATION: Tidewater Still Involved in Exposure Cases
----------------------------------------------------------------
Tidewater Inc. continues to be involved in various legal
proceedings that relate to asbestos and other environmental
matters.

No further asbestos-related matters were disclosed in the
Company's quarterly report filed with the Securities and
Exchange Commission on Jan. 28, 2009.

Headquartered in New Orleans, La., Tidewater Inc. provides
services and equipment to the global offshore energy industry
through a fleet of marine service vessels. Revenues are
dependent upon the activity level of the vessel fleet and vessel
day rates, which are dependent upon oil and natural gas prices
and ultimately the supply/demand relationship for crude oil and
natural gas.


ASBESTOS LITIGATION: Corning Records $28M Net Credit at Dec. 31
----------------------------------------------------------------
Corning Incorporated recorded a net credit of US$28 million in
the three months ended Dec. 31, 2008 (US$340 million in the year
ended Dec. 31, 2008) to adjust the asbestos liability for the
change in value of certain components of an Amended Pittsburgh
Corning Corporation (PCC) Plan and the established liability for
non-PCC asbestos claims.

The Company recorded asbestos settlement expense under the terms
of a 2003 Plan of US$15 million in the three months ended Dec.
31, 2007 (US$185 million in the year ended Dec. 31, 2007) to
adjust the estimated fair value of the components of the
proposed asbestos settlement at that time.

On March 28, 2003, the Company announced that it had reached
agreement with the representatives of asbestos claimants for the
settlement of all current and future asbestos claims against
Corning and Pittsburgh Corning Corporation (PCC) which might
arise from PCC products or operations (the 2003 Plan).

On Dec. 21, 2006, the Bankruptcy Court issued an order denying
confirmation of the 2003 Plan. On Jan. 10, 2008, some of the
parties in the proceeding advised the Bankruptcy Court that they
had made substantial progress on an amended plan of
reorganization (the Amended PCC Plan) that resolved issues
raised by the Court in denying the confirmation of the 2003
Plan.

As a result of progress in the parties' continuing negotiations,
the Company said it believes the Amended PCC Plan now represents
the most probable outcome of this matter and the probability
that the 2003 plan will become effective has diminished. The
proposed settlement under the Amended PCC Plan requires the
Company to contribute its equity interest in PCC and Pittsburgh
Corning Europe, N.V. (PCE) and to contribute a fixed series of
cash payments, recorded at present value on Dec. 31, 2008.

The Company will have the option to contribute shares rather
than cash, but the liability is fixed by dollar value and not
number of shares. As a result, the estimated asbestos settlement
liability is no longer impacted by movements in the value of
Corning common stock. The Amended PCC Plan does not include non-
PCC asbestos claims that may be or have been raised against the
Company, which has recorded an additional amount for such claims
in its estimated asbestos settlement liability.

In the first quarter of 2008, the Company recorded a US$327
million reduction to its estimated liability for asbestos
litigation as a result of the increase in the likelihood of a
settlement under the Amended PCC Plan and a corresponding
decrease in the likelihood of a settlement under terms of the
2003 Plan.

The Company recorded pretax and after-tax charges of US$9
million (in the second quarter of 2008), US$6 million (in the
third quarter of 2008), and a credit of US$28 million (in the
fourth quarter of 2008) to adjust the asbestos settlement
liability for the change in value of the components of the
Amended PCC Plan.

Corning Incorporated produces specialty glass and ceramics.
Products include glass substrates for LCD televisions, computer
monitors and laptops; ceramic substrates and filters for mobile
emission control systems; optical fiber, cable, hardware &
equipment for telecommunications networks; optical biosensors
for drug discovery; and other advanced optics and specialty
glass solutions for various industries. The Company is based in
Corning, N.Y.


ASBESTOS LITIGATION: 7 Suits Filed Jan. 12–16 in Madison County
----------------------------------------------------------------
During the week of Jan. 12, 2009 through Jan. 16, 2009, a total
of seven new asbestos lawsuits were filed in Madison County
Circuit Court, The Madison St. Clair Record reports.

These claims are:

     -- In Case No. 09-L-0035, Efren Carbonell of Florid
        a claims mesothelioma on behalf of a deceased man,
        Pueblo Carbonell Soto, who was diagnosed with the
        disease after working in the U.S. Postal Service, in
        Autoriadad de las energia Electrica as an engineer from
        the 1940s until the 1970s and was a member of the armed
        forces. Michael R. Bilbrey, Esq., and James R. Stover,
        Esq., of the Law Offices of Michael R. Bilbrey in
        Edwardsville, Ill., represent Mr. Carbonell.

     -- In Case No. 09-L-0032, Leland Cuellar, a self-employed
        worker who performed home remodeling and construction
        work, an assembly, trade and maintenance crew member, a
        member of a labor organization, a surveyor and a
        supervisor, a truck driver, a student/diesel mechanic,
        a supervisor and construction laborer, a tile
        installer, a paint salesman and an auto mechanic from
        1951 until 1983, claims mesothelioma. Randy L. Gori,
        Esq., of Gori, Julian and Associates in Alton, Ill.,
        represents Mr. Cuellar. W. Mark Lanier, Esq., Patrick
        N. Haines, Esq., Angela B. Greenburg, Esq., Sam T.
        Richard, Esq., Lincoln H. Goodwin, Esq., and Bridget
        Baragona, Esq., of The Lanier Law Firm in Houston
        served of counsel.

     -- In Case No. 09-L-0030, Hilda Mae Houck claims
        mesothelioma on behalf of her recently deceased
        husband, William B. Houck. The suits says Mr. Houck
        worked from 1955 until 1960 as a laborer for Lee Cyprus
        Saw Mill, from 1960 until 1966 as a maintenance and
        bottling worker for Coca-Cola and from 1966 until 1992
        as a postal employee for the United States Postal
        Service. Elizabeth V. Heller, Esq., and Robert Rowland,
        Esq., of Goldenberg, Heller, Antognoli and Rowland in
        Edwardsville, Ill., represent Mr. Houck.

     -- In Case No. 09-L-0023, Guy W. and Fern Olsen of
        Minnesota claim mesothelioma. The complaint says Mr.
        Olsen worked as a bricklayer and mason from 1950 until
        1990. Elizabeth V. Heller, Esq., and Robert Rowland,
        Esq., of Goldenberg, Heller, Antognoli and Rowland in
        Edwardsville, Ill., represent the Olsens.

     -- In Case No. 09-L-0027, Mary G. Squires of Tennessee,
        who worked pressing clothes, waiting on customers,
        worked at Great Western Construction, and worked as a
        department manager from 1975 until now, claims
        mesothelioma. Elizabeth V. Heller, Esq., and Robert
        Rowland, Esq., of Goldenberg, Heller, Antognoli and
        Rowland in Edwardsville, Ill., represent Ms. Squires.

     -- In Case No. 09-L-0024, Larry A. and Annette Varner of
        North Carolina claim mesothelioma. The suit says Mr.
        Varner worked making asbestos pipe, making fabricated
        steel, loading trucks, and building boilers from 1960
        until 1962. He also worked as a deckhand, plaster,
        sheetrock, in a kiln, compressing plywood, rebuilding
        engines, performing brake jobs, building aircraft,
        owning a brake shop, performing brake and roof work
        from 1963 until 1992. Elizabeth V. Heller, Esq., and
        Robert Rowland, Esq., of Goldenberg, Heller, Antognoli
        and Rowland in Edwardsville, Ill., represent the
        Varners.

     -- In Case No. 09-L-0029, George and Patricia Ware of
        Missouri claim Mr. Ware developed lung cancer after he
        was exposed to asbestos while working as an assembly
        and maintenance worker from 1967 until 1997. Elizabeth
        V. Heller, Esq., and Robert Rowland, Esq., of
        Goldenberg, Heller, Antognoli and Rowland in
        Edwardsville, Ill., represent the Wares.


ASBESTOS LITIGATION: Asbestos Waste Illegally Dumped at Suffolk
----------------------------------------------------------------
South East Suffolk Magistrates Court heard that asbestos-
contaminated demolition waste was dumped at a former piggery
site in Suffolk, England, EveningStar24 reports.

According to the Environment Agency, the land of the former
Shepherd and Dog Piggery off Felixstowe Road, Nacton, was used
as a landfill site.

Simon Kavanagh has been charged with mixing hazardous waste,
namely demolition waste including asbestos, and with operating
an installation for the disposal of waste by landfill.

Both offenses are said to have taken place on or before Aug. 22,
2007 contravening pollution prevention and hazardous waste
regulations.

The Court adjourned the 39-year-old Mr. Kavanagh's case to Feb.
18, 2009 so he could seek legal advice.


ASBESTOS LITIGATION: Owens-Illinois Claims Down to 11T at Dec.31
----------------------------------------------------------------
The number of pending asbestos-related lawsuits and claims
pending against Owens-Illinois, Inc. declined more than 20
percent to about 11,000 as of Dec. 31, 2008, compared with about
14,000 pending as of year-end 2007, according to a Company press
release dated Jan. 28, 2009.

New asbestos-related lawsuits and claims reported in 2008 were
about 5,000, compared with about 9,000 during 2007.

Asbestos-related cash payments totaled US$69.9 million during
the fourth quarter of 2008 and US$210.2 million during the full
year of 2008. This compared with US$120.9 million during the
quarter ended Dec. 31, 2007 and US$347.1 million during the full
year ended Dec. 31, 2007.

The year-over-year decrease in cash spending reflects reduced
funding for settlements of certain claims on an accelerated
basis on terms favorable to the Company. Further, the Company
expects 2009 asbestos-related cash payments to decline by US$35
million from the 2008 spending level.

The Company conducted its annual comprehensive review of
asbestos-related liabilities and costs for the full year 2008.
As a result of that review, the Company recorded a non-cash
charge of US$250 million (US$248.8 after tax) to increase the
accrual for future asbestos-related costs. In 2007, the charge
was US$115 million (pretax and after tax).

The larger 2008 charge reflects higher filing rates and average
disposition costs for 2008 and the next several years than
estimated at the end of 2007.

The balance of the accrual for future asbestos-related costs as
of Dec. 31, 2008, was US$495.3 million, an increase of US$39.8
million or 8.7 percent over year-end 2007, and a decrease of
US$192.3 million or 28 percent over year-end 2006.

As of Dec. 31, 2008, the deferred amount payable for previously
settled lawsuits and claims was about US$34 million, unchanged
from year-end 2007.

Headquartered in Perrysburg, Ohio, Owens-Illinois, Inc.
manufactures consumer-preferred, 100 percent recyclable glass
containers. Founded in 1903, the Company employs more than
23,000 people with 80 manufacturing facilities in 22 countries.
In 2008, net sales were US$7.9 billion.


ASBESTOS LITIGATION: Collier's Suit v. Chevron Filed on Jan. 20
----------------------------------------------------------------
Forrest Collier's family, on Jan. 20, 2009, filed an asbestos-
related lawsuit against Chevron Corporation (f/k/a Gulf Oil
Corp.) in Jefferson County District Court, Tex., The Southeast
Texas Record reports.

Mr. Collier worked for Gulf Oil, in Port Arthur, Tex., where he
was exposed to toxic materials including asbestos dust and
asbestos fibers, according to the complaint filed by his wife,
Amanda Elizabeth Collier, and his four children.

Mrs. Collier and her children seek unspecified exemplary and
punitive damages, plus interest, court costs and other relief to
which they may be entitled.

J. Keith Hyde, Esq., and D'Juana Parks, Esq., of Provost and
Umphrey Law Firm in Beaumont, Ill., will represent the Colliers.

Case No. A183-079 has been assigned to Judge Bob Wortham of the
58th District Court.


ASBESTOS LITIGATION: Open Verdict Cited in Redhill Local's Death
----------------------------------------------------------------
Herefordshire deputy coroner Mark Bricknell recorded an open
verdict after Betty Neary, of Mayberry Avenue, Redhill, England,
died of mesothelioma, though no traces of asbestos were found,
the Hereford Times reports.

Mr. Bricknell said it was "very very" unusual that asbestos was
not discovered after the 70-year-old Mrs. Neary was diagnosed
with mesothelioma. Dr. Mark Hayes carried out a postmortem after
Mrs. Neary died at St. Michael's Hospice in September 2008 but
found no asbestos fibers and instead described the growths as
sporadic, a Hereford inquest heard.

Julie Neary, Mrs. Neary's daughter, told the hearing her
mother's first job was in a butcher's shop but that later she
worked at Bulmers bottling plant before joining Thorn Lighting
Ltd at Rotherwas, where she put together motorway lamps in a
factory until 1991.

Mrs. Neary later became a dinner lady at Haywood School and then
at Marlbrook but began to get chest pains and eventually
underwent radiotherapy in Cheltenham and chemotherapy in
Hereford after the cancer was identified in 2007.

Mr. Bricknell said although asbestos was not present, the cause
of death was definitely related to the mesothelioma.


ASBESTOS LITIGATION: Asbestos Discovered at Chaucer Technology
----------------------------------------------------------------
Asbestos has been discovered at the Chaucer Technology School in
Spring Lane, Canterbury, England, the Canterbury Adscene
reports.

A BBC1 program featured the secondary school as it highlighted
the worrying figure that 554 out of the 599 schools in Kent were
riddled with asbestos.

Head teacher Simon Murphy was quick to put parents at ease after
BBC1's Inside Out was broadcast on Jan. 28, 2009. He said,
"There may well be some parents who, having seen the program
will worry that asbestos is a health concern for students and
staff at our school but is not."

Surveyors discovered three areas on site where remedial work was
needed to cover asbestos, although there was no danger to staff
or pupils.

Most schools after the Second World War were built with asbestos
and although the asbestos find was alarming, Mr. Murphy feels
the Inside Out program has benefited the school.


ASBESTOS ALERT: Lothian Heating Fined GBP8T for Exposing Workers
----------------------------------------------------------------
Lothian Heating Services Limited is to pay GBP8,000 for
allegedly exposing three of its employees to asbestos while
these employees worked at St. Teresa's RC Church in Edinburgh,
the Evening News reports.

LHS failed to spot the asbestos before sending Craig Cumming,
Stephen Smith and John Thomson to replace a decrepit heating
system. The three men worked for five days surrounded by
asbestos, with no protection against it.

The three men shoveled and swept asbestos-containing debris and
dust, while wearing standard white masks.

Despite a survey indicating the presence of the material, LHS
never asked the owners of the building if there was any danger
and did not request a copy of the report, while the priest in
charge of the church failed to mention the risk until asked.

The danger came to light when one of the men spotted a warning
sticker in a toilet at the church and asked the priest if there
were any asbestos issues.

On Jan. 22, 2009, at Edinburgh Sheriff Court, LHS was fined
GBP8,000 after the company admitted breaching health and safety
laws. A not guilty plea from the managing director, Kevin
Liston, was accepted by the Crown.

Fiscal depute Gillian More told the court how the company's
contract supervisor, Gordon Arthur, had carried out a site
investigation before work started on the heating system at St.
Teresa's.

However, spores were held in debris in the boiler-room in which
the men had been working as well as the insulation on a pipe
while asbestos was found to be stuck to walls.

Representing LHS, Gavin Anderson said the company had taken the
incident very seriously and had quickly moved to stop work and
alert the Health and Safety Executive once they were notified of
the presence of asbestos.

Sheriff Kenneth Maciver said missing the asbestos during the
pre-work site visit had been a "significant mistake" and added
that the company should have asked the church about asbestos in
the building.


COMPANY PROFILE:

Lothian Heating Services Limited
Edgefield Industrial Estate
Loanhead, Midlothian
Tel:   0131 440 2958
Fax:   0131 440 4244
http://www.lothianheating.co.uk/

Description:
The Company provides: Mechanical Services Installation, Service
and Maintenance, ATAG Installation and Servicing, Broag Remeha
Boilers, and fully-trained and experienced skilled labor.


                            *********

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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.

                            *********

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