/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/090225.mbx C L A S S A C T I O N R E P O R T E R Wednesday, February 25, 2009, Vol. 11, No. 39 Headlines BLUEGREEN CORP: Wis. Court Certifies Class in FLSA Litigation CARDINAL HEALTH: Unable to Predict Recovery from Antitrust Suits CHASE BANK: Girard Gibbs Files Lawsuits Over Increased Fees, ASC CHINESE DRYWALL: Leopold~Kuvin, P.A. Files Litigation in Florida LML PAYMENT: Unit Faces Appeal to Junked DPPA Violations Lawsuit MOODY'S CORP: N.Y. Court Nixes Claims, Allows Amended Complaint NBTY INC: False Advertising Suit v. MET-Rx in N.J. Still Stayed NBTY INC: Suit by Calif. Nutrition Bars Consumers Remain Stayed PHILIP MORRIS: Appeal to ADESF's Right to Sue Pending in Brazil PHILIP MORRIS: Price-fixing Antitrust Suit in Kans. in Discovery PHILIP MORRIS: Discovery Ongoing in Canadian Suit Over Cancer PHILIP MORRIS: "Letourneau" Smoking Addiction Case in Discovery PHILIP MORRIS: Personal Injury Suit Moved to Sao Paulo Court PHILIP MORRIS: Smokers' Complaint in Bulgaria Not Yet Served PHILIP MORRIS: Suits Over "Lights" Cigarettes Pending in Israel RAYMOND JAMES: Faces Lawsuit Alleging Securities Law Violations STARBUCKS CORP: Faces Lawsuit in Wash. Over 2008 Data Breach TICKETMASTER ENTERTAINMENT: Faces Lawsuit Over Inflated Prices TICKETMASTER ENTERTAINMENT: Faces Suit Over "High" Ticket Prices New Securities Fraud Cases COLONIAL BANCGROUP: Faruqi & Faruqi Announces Stock Suit Filing COLONIAL BANCGROUP: Izard Nobel Announces Securities Suit Filing INTREPID POTASH: Howard G. Smith Announces Stock Lawsuit Filing ********* BLUEGREEN CORP: Wis. Court Certifies Class in FLSA Litigation ------------------------------------------------------------- MILWAUKEE, Wis. -- 02/23/09 -- On February 20, 2009, the Western District Court of Wisconsin conditionally certified a collective class action of commissions-only sales representatives who are denied overtime compensation and minimum wage because their employer Bluegreen Corporation improperly classifies them as exempt from protection under the Fair Labor Standards Act (FLSA). In its decision, the Court rejected Bluegreen's argument that the employees' varying work hours defeated conditional certification. The Court noted that "it is reasonable to infer that defendant and its sales directors did not apply FLSA's minimum wage or overtime rules to its 'commission-only' sales representatives; 'commission-only' means 'commission-only.'" Bluegreen also asked the court to limit certification to the geographical areas where plaintiffs and opt-in plaintiffs worked. The Court declined to do so, holding that "[w]here an apparent company-wide policy is behind the alleged FLSA violations, the plaintiff seeking certification for a company- wide class action should not be required to collect specific violations for each location or from each state before seeking authorization to provide notice to employees from all locations." According to Matt Morgan, plaintiffs' attorney, "Bluegreen improperly classifies its commission-only sales representatives, and in doing so denies them of overtime compensation and minimum wages they are entitled to under the law. We now intend to notify these workers of their rights and to retrieve for them this long overdue compensation." The case is entitled, "Kelly v. BlueGreen Corp., No. 08-cv- 401 (W.D. Wis. Feb. 20, 2009)." Plaintiffs are represented by Matt Morgan, Paul Lukas, Don Nichols, and Rebekah Bailey from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. For more details, contact: Matt Morgan Nichols Kaster, PLLP Phone: (877) 448-0492 or (612) 256-3243 Web site: http://www.overtimecases.com CARDINAL HEALTH: Unable to Predict Recovery from Antitrust Suits ---------------------------------------------------------------- Cardinal Health, Inc. is unable at this time to estimate future recoveries, if any, it will receive as a result of certain antitrust class actions, according to its Feb. 9, 2009 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Dec. 31, 2008. The company recognized income of $0.2 million during the six months ended Dec. 31, 2007, resulting from settlement of class- action antitrust claims alleging certain prescription drug manufacturers took improper actions to delay or prevent generic drug competition. The company has not been a named plaintiff in any of these class actions, but has been a member of the direct purchasers' class (i.e., those purchasers who purchase directly from these drug manufacturers). The total recovery of such claims through Dec. 31, 2008, was $151.8 million (net of attorney fees, payments due to other interested parties and expenses withheld). Cardinal Health, Inc. -- http://www.cardinal.com/-- is a global company serving the healthcare industry. Cardinal Health's distribution businesses consolidate pharmaceuticals and medical products from thousands of manufacturers into site-specific deliveries to retail pharmacies, hospitals, physician offices, surgery centers and alternate care facilities. Cardinal Health is a provider of specialized nuclear pharmaceuticals, delivering more than 13 million doses each year to hospitals and outpatient care centers. Cardinal Health also manufactures medication infusion and dispensing products, respiratory equipment and surgical instruments. On July 8, 2008, the Company announced a reorganization and the consolidation of its businesses into two primary segments: the Healthcare Supply Chain Services and Clinical and Medical Products segments. On May 12, 2008, the Company acquired Enturia Inc. On Aug. 1, 2008, the Company completed the acquisition of Borschow Hospital & Medical Supplies, Inc. CHASE BANK: Girard Gibbs Files Lawsuits Over Increased Fees, ASC ---------------------------------------------------------------- Mon, 23 Feb 2009 19:17:41 GMT -- SAN FRANCISCO -- (Business Wire) -- The law firm of Girard Gibbs LLP has filed a class action lawsuit against Chase Bank USA, N.A. after the credit card issuer more than doubled minimum monthly payments and imposed an "Account Service Charge" on customers who had accepted its fixed-rate balance transfer offers. The class action complaint alleges that Chase induced preferred customers to take out sizable balance-transfer loans by offering 2.99% to 4.99% promotional rates that would remain fixed for the life of the loan. It is alleged that after soliciting these long term loans – and charging transaction fees of up to 3% of the loan amount – Chase implemented a "forced loan modification program" to coerce consumers to surrender the benefit of their fixed promotional rates. Chase has recently notified customers that unless they pay off their entire loan balance within 30 days or accept a higher annual rate, Chase will more than double their required minimum monthly payment and charge a $10 fee for each month that the loan remains outstanding. "At this point, it appears that the people who are subject to the loan modification program are those who have consistently made timely loan payments and otherwise met their obligations," said Eric Gibbs, a lawyer who represents the plaintiffs. "Chase's conduct is having a real impact on our clients. There is no bailout on their horizon, as they are people who made prudent decisions with respect to managing their debt and paid their bills on time. They are now being penalized for doing so." The number of Chase customers that could be affected by the class action lawsuit remains unclear, but comments by Chase put the upper limit at 500,000 people. Chase has not yet formally responded to the lawsuit, but has asserted that because of legal doctrines such as preemption and mandatory individual arbitration, its conduct is not subject to court scrutiny. "The reality is that these legal doctrines – preemption and mandatory individual arbitration – strip people of their fundamental rights and the ability to make sure their agreements are honored," said Gibbs. "We are hopeful that in this case, our clients will get their day in court." For more information, contact: Eric Gibbs Girard Gibbs LLP 601 California Street, Suite 1400 San Francisco, CA 94108 Phone: 415-981-4800 Web site: http://www.girardgibbs.com/chase.asp CHINESE DRYWALL: Leopold~Kuvin, P.A. Files Litigation in Florida ---------------------------------------------------------------- The law firm of Leopold~Kuvin, P.A. of Palm Beach Gardens, Florida has filed a purported class-action lawsuit over the installation of apparently defective Chinese drywall, Mary Wozniak of The News-Press reports. The suit was filed on Jan. 22, 2009 on behalf of a Martin County couple who had to move out of their town house due to the drywall, Gregory Weiss, an attorney for the firm who is handling the case told The News-Press. The drywall is said by building experts to have been used between 2004 and 2007 due to a shortage in building materials in the wake of hurricanes Katrina and Wilma. It is suspected of causing corrosion of metals inside homes, a noxious smell, and possible long term health problems, according to The News-Press report. For more details, contact: Leopold~Kuvin, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Phone: 561-935-4801 or 888-376-1253 Fax: 561-515-1401 LML PAYMENT: Unit Faces Appeal to Junked DPPA Violations Lawsuit ---------------------------------------------------------------- A subsidiary of LML Payment Systems, Inc., continues to face the appeal from the dismissal of a purported class-action lawsuit before the U.S. District Court for the Eastern District of Texas, alleging violations of the Driver's Privacy Protection Act. DPPA regulates the use of personal information such as driver's license numbers and home addresses contained in motor vehicle records held by motor vehicle departments, by not having a permissible use in obtaining the State of Texas' entire database of names, addresses and other personal information. In the case, which was originally filed on Jan. 12, 2007, the plaintiffs are seeking, among other things, $2,500 for each instance in which the defendants obtained, disclosed or used personal information, and are claiming that because the Texas database includes the information of approximately 20 million persons, that the mere act of improperly obtaining that database constitutes 20 million violations of the statute by each defendant. The plaintiffs allege, among other things, that a provider of check verification services (such as LML) should not be allowed to obtain and use Texas' entire driver's license database for the purpose of enabling merchants to check driver's licenses or other forms of identification at the point of sale, and that instead providers of check verification services should only be allowed to obtain the driver's license numbers of individuals at the time that such individual presents his or her driver's license to a merchant (in other words, plaintiffs allege that when a customer gets to the cashier and presents a driver's license to the merchant for the purpose of enabling the merchant to verify such person's identity when such person is using a credit card or check to purchase goods or services, that this is the first time at which it would be appropriate for a provider of check verification services to obtain such driver's license number from the state of Texas). During the nine months ended Dec. 31, 2008, the complaint was dismissed with prejudice. During the three months ended Dec. 31, 2008, the plaintiffs appealed this decision, according to the company's Feb. 9, 2009 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Dec. 31, 2008. LML Payment Systems Inc. -- http://www.lmlpayment.com/-- is a financial payment processor that primarily provides consumer financial payment processing solutions to retailers and other clients in the U.S. MOODY'S CORP: N.Y. Court Nixes Claims, Allows Amended Complaint ---------------------------------------------------------------- The U.S. District Court for the Southern District of New York dismissed certain claims in a consolidated securities fraud class-action lawsuit against Moody's Corp., but gave plaintiffs the green light to file a second amended complaint, Law360 reports. Initially, two purported class-action complaints have been filed by purported purchasers of the company's securities against the company and certain of its senior officers, asserting claims under the federal securities laws (Class Action Reporter, Dec. 30, 2008). The first was filed by Raphael Nach in the U.S. District Court for the Northern District of Illinois on July 19, 2007. The second was filed by Teamsters Local 282 Pension Trust Fund in the U.S. District Court for the Southern District of New York on Sept. 26, 2007. Both actions have been consolidated into a single proceeding, entitled "In re Moody's Corporation Securities Litigation, Case No. 1:07-cv-08375-SWK," in the U.S. District Court for the Southern District of New York. On June 27, 2008, a consolidated amended complaint was filed, purportedly on behalf of all purchasers of the company's securities during the period from Feb. 3, 2006, through Oct. 24, 2007. The plaintiffs allege that the defendants issued false and misleading statements concerning the company's business conduct, business prospects, business conditions and financial results relating primarily to MIS's ratings of structured finance products including RMBS, CDO and constant-proportion debt obligations. The plaintiffs seek an unspecified amount of compensatory damages and their reasonable costs and expenses incurred in connection with the case (Class Action Reporter, Aug. 18, 2008). The suit is "In re Moody's Corporation Securities Litigation, Case No. 1:07-cv-08375-SWK," filed in the U.S. District Court for the Southern District of New York, Judge Shirley Wohl Kram, presiding. Representing the plaintiffs are: Frederick W. Gerkens, III, Esq. (fgerkens@glancylaw.com) Glancy Binkow & Goldberg LLP 1430 Broadway, Suite 1603 New York, NY 10018 Phone: 212-382-2221 Fax: 212-382-3944 Ira M. Press, Esq. (ipress@kmllp.com) Kirby McInerney LLP 825 Third Avenue, 13th Floor New York, NY 10022 Phone: 212-371-6600 Fax: 212-751-2540 - and - Benjamin J. Hinerfeld, Esq. (bhinerfeld@sbtklaw.com) Schiffrin Barroway Topaz & Kessler, LLP 280 King of Prussia Road Radnor, PA 19087 Phone: 610-667-7706 Fax: 610-667-7056 Representing the defendants is: Sharon L. Nelles, Esq. (nelless@sullcrom.com) Sullivan & Cromwell, LLP 125 Broad Street New York, NY 10004 Phone: 212-558-4976 Fax: 212-558-3338 NBTY INC: False Advertising Suit v. MET-Rx in N.J. Still Stayed --------------------------------------------------------------- A putative class-action lawsuit filed in New Jersey against NBTY, Inc.'s subsidiary, MET-Rx USA, Inc., remains stayed pending the outcome of a virtually identical putative nationwide class-action in California. In March 2004, a putative class-action lawsuit was filed in New Jersey against MET-Rx, claiming that the advertising and marketing of certain prohormone supplements were false and misleading and that plaintiff and the putative class of New Jersey purchasers of these products were entitled to damages and injunctive relief. Because these allegations are virtually identical to allegations made in a putative nationwide class-action previously filed in California, the company moved to dismiss or stay the New Jersey action pending the outcome of the California action. The motion was granted, and the New Jersey action is stayed at this time, according to the company's Feb. 9, 2009 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Dec. 31, 2008. NBTY, Inc. -- http://www.nbty.com/-- is a vertically integrated manufacturer, marketer and retailer of a line of nutritional supplements in the United States and throughout the world. The company markets approximately 25,000 products under numerous brands, including Nature's Bounty, Vitamin World, Pure Protein, Body Fortress, Puritan's Pride, Holland & Barrett, Rexall, Osteo Bi-Flex, Flex-A-Min, Knox, Sundown, MET-Rx, WORLDWIDE Sport Nutrition, American Health, DeTuinen, Le Naturiste, SISU, Solgar, Physiologics and Ester-C. The company's vertical integration includes the purchase of raw materials, formulation and manufacture of products, which it markets through the four channels of distribution: Wholesale/United States Nutrition, North American Retail, European Retail and Direct Response/E- Commerce. NBTY INC: Suit by Calif. Nutrition Bars Consumers Remain Stayed --------------------------------------------------------------- The class-action lawsuit filed by various California consumers against NBTY, Inc.'s subsidiary, Rexall Sundown, Inc. and certain of its subsidiaries remains stayed, according to the company's Feb. 9, 2009 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Dec. 31, 2008. Rexall, and certain of its subsidiaries are defendants in the class-action lawsuit brought in 2002, on behalf of all California consumers who bought various nutrition bars. The plaintiffs allege misbranding of nutrition bars and violations of California unfair competition statutes, misleading advertising and other similar causes of action. They seek restitution, legal fees and injunctive relief. In December 2007, while Rexall's and the other defendants' renewed motion for judgment on the pleadings was pending, the Court again stayed the case for all purposes, pending rulings on other relevant cases before the California Supreme Court. The California Supreme Court issued a ruling in those other cases on Feb. 11, 2008. The parties to those other cases filed a petition for certiorari with the U.S. Supreme Court. That petition was denied on Jan. 12, 2009. NBTY, Inc. -- http://www.nbty.com/-- is a vertically integrated manufacturer, marketer and retailer of a line of nutritional supplements in the United States and throughout the world. The company markets approximately 25,000 products under numerous brands, including Nature's Bounty, Vitamin World, Pure Protein, Body Fortress, Puritan's Pride, Holland & Barrett, Rexall, Osteo Bi-Flex, Flex-A-Min, Knox, Sundown, MET-Rx, WORLDWIDE Sport Nutrition, American Health, DeTuinen, Le Naturiste, SISU, Solgar, Physiologics and Ester-C. The company's vertical integration includes the purchase of raw materials, formulation and manufacture of products, which it markets through the four channels of distribution: Wholesale/United States Nutrition, North American Retail, European Retail and Direct Response/E- Commerce. PHILIP MORRIS: Appeal to ADESF's Right to Sue Pending in Brazil --------------------------------------------------------------- A constitutional appeal to the Federal Supreme Court remains pending in the class-action lawsuit, captioned "The Smoker Health Defense Association (ADESF) v. Souza Cruz, S.A. And Philip Morris Marketing, S.A.," which named a subsidiary of Philip Morris International, Inc., as a defendant. The complaint was filed in the Nineteenth Lower Civil Court of the Central Courts of the Judiciary District of Sao Paulo, Brazil, on July 25, 1995. The class-action complaint alleged personal injury in relation to smoking. The plaintiff, a consumer organization, is seeking damages for smokers and former smokers, as well as injunctive relief. The trial court found in favor of the plaintiff in February 2004. In April 2004, the trial court issued a decision that clarified that the amount of "moral damages" is BRL1,000 (approximately $560) per smoker per full year of smoking plus interest at the rate of 1% per month, as of the date of the ruling. Actual damages are to be assessed in a second phase of the case. The size of the class cannot be currently estimated. The defendants appealed the decision to the Sao Paulo Court of Appeals and the case, including the judgment, is currently stayed pending appeal. On Nov. 12, 2008, the Sao Paulo Court of Appeals annulled the ruling finding that the trial court had inappropriately ruled without hearing evidence and returned the case to the trial court for further proceedings. In addition, the defendants have filed a constitutional appeal to the Federal Supreme Court on the basis that the consumer association did not have standing to bring the lawsuit. This appeal is still pending, according to the company's Current Report on Form 8-K filing with the U.S. Securities and Exchange Commission dated Feb. 9, 2009. New York, New York-based Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Price-fixing Antitrust Suit in Kans. in Discovery -------------------------------------------------------------- A purported class-action lawsuit in Kansas, alleging that Philip Morris USA, Inc., conspired to fix cigarette prices in violation of antitrust laws is in discovery. In the antitrust class-action case in Kansas, "Smith v. Philip Morris Companies, Inc., et al.," District Court of Seward County, Kansas, filed Feb. 7, 2000, the company and other members of the industry are defendants. The plaintiff asserts that the defendant cigarette companies engaged in an international conspiracy to fix wholesale prices of cigarettes and sought certification of a class comprised of all persons in Kansas who were indirect purchasers of cigarettes from the defendants. The plaintiff claims unspecified economic damages resulting from the alleged price-fixing, trebling of those damages under the Kansas price-fixing statute and counsel fees. The trial court granted plaintiff's motion for class certification and refused to permit the defendants to appeal. The case is now in the discovery phase, and no trial date has yet been set, according to the company's Current Report on Form 8-K filing with the U.S. Securities and Exchange Commission dated Feb. 9, 2009. New York, New York-based Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Discovery Ongoing in Canadian Suit Over Cancer ------------------------------------------------------------- The class-action suit captioned, "Conseil Quebecois Sur Le Tabac Et La Sante and Jean-Yves Blais v. Imperial Tobacco Ltd., Rothmans, Benson & Hedges Inc. and JTI Macdonald Corp.," which names Philip Morris International, Inc.'s subsidiary as a defendant, is in discovery. In the class-action case filed in November 1998, in the Quebec Superior Court, Canada, the company's subsidiary and two other Canadian manufacturers are defendants. The plaintiff, an individual smoker, is seeking compensatory and unspecified punitive damages for each member of the class who suffers from lung, larynx or throat cancer, or emphysema. The class was certified in 2005. Discovery is ongoing; no trial date has been set, according to the company's Current Report on Form 8-K filing with the U.S. Securities and Exchange Commission dated Feb. 9, 2009. New York, New York-based Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: "Letourneau" Smoking Addiction Case in Discovery --------------------------------------------------------------- The class-action suit styled, "Cecilia Letourneau v. Imperial Tobacco Ltd., Rothmans, Benson & Hedges Inc. and JTI Macdonald Corp.," which names Philip Morris International, Inc.'s subsidiary as a defendant, is in discovery. In the class-action case pending in Quebec Superior Court, Canada, filed in September 1998, the company's subsidiary and two other Canadian manufacturers are defendants. The plaintiff, an individual smoker, is seeking compensatory and unspecified punitive damages for each member of the class who is deemed "addicted" to smoking. The class was certified in 2005. Defendants' motion to dismiss on statute-of-limitations grounds was denied on May 5, 2008. Discovery is ongoing; no trial date has been set, according to the company's Current Report on Form 8-K filing with the U.S. Securities and Exchange Commission dated Feb. 9, 2009. New York, New York-based Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Personal Injury Suit Moved to Sao Paulo Court ------------------------------------------------------------ A purported class-action lawsuit, captioned, "Public Prosecutor of Sao Paulo v. Philip Morris Brasil Industria e Comercio Ltda," which names a subsidiary of Philip Morris International, Inc., as a defendant has been transferred to the Nineteenth Lower Civil Court of the Central Courts of the Judiciary District of Sao Paulo, Brazil. A subsidiary of Philip Morris International, Inc., is facing a purported class-action lawsuit in Brazil, generally alleging personal injury in relation to smoking, according to the company's May 2008 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended March 31, 2008. The class-action lawsuit generally alleging personal injury in relation to smoking was filed in the Civil Court of the City of Sao Paolo, Brazil, on Aug. 6, 2007, against a subsidiary of the company. The plaintiff, the Public Prosecutor of the State of Sao Paulo, is seeking: -- unspecified damages on behalf of all smokers nationwide, former smokers, and their relatives; -- unspecified damages on behalf of people exposed to environmental tobacco smoke nationwide, and their relatives; and -- reimbursement of the health care costs allegedly incurred for the treatment of tobacco-related diseases by all 27 States, approximately 5,000 Municipalities, and the Federal District. In an interim ruling issued in December 2007, the trial court limited the scope of this claim to the State of Sao Paulo only. The company's subsidiary was served with the claim in February 2008, and filed its answer to the complaint on March 10, 2008. According to the company's Current Report on Form 8-K filing with the U.S. Securities and Exchange Commission dated Feb. 9, 2009, on Dec. 12, 2008, the trial court issued a decision declaring that it lacked jurisdiction and transferred the case to the 19th Civil Court in Sao Paulo where the class action suit, captioned "The Smoker Health Defense Association (ADESF) v. Souza Cruz, S.A. and Philip Morris Marketing, S.A.," is pending. New York, New York-based Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Smokers' Complaint in Bulgaria Not Yet Served ------------------------------------------------------------ The subsidiaries of Philip Morris International, Inc., which were named as defendants in a purported class-action lawsuit in Bulgaria, entitled, "Yochkolovski v. Sofia BT AD, et al.," have not yet been served with the complaint. The class-action lawsuit was filed in the Sofia City Court, Bulgaria, on March 12, 2008. The plaintiff brought a collective claim on behalf of a class of smokers who were allegedly misled by the tar and nicotine yields printed on cigarette packs and who suffered personal injuries as a result of increasing their consumption of cigarettes. The suit seeks damages for economic loss, pain and suffering and medical treatment as well as withdrawal from the market of all cigarettes that allegedly do not comply with the tar and nicotine labeling requirements, until such time as they do comply. The court ruled initially that the claim failed to meet certain formal requirements. Plaintiff appealed and the Court of Appeal reversed the decision and returned the case to the trial court. The trial court accepted the claim and ordered the plaintiff to proceed with service. However, on Sept. 24, 2008, a newly appointed judge issued a ruling that again dismissed the claim, finding that it was inadmissible because the plaintiff lacked the capacity to bring the claim as a class action. On Oct. 14, 2008, plaintiff filed an appeal against the dismissal. On Nov. 10, 2008, the Sofia Appellate Court granted plaintiff's second appeal, finding that the trial court had not given plaintiff the opportunity to establish his capacity to bring the claim, and returned the case to the trial court. On Dec. 2, 2008, the trial court dismissed the claims related to youth marketing, because plaintiff is not a member of the class of youth smokers and thus cannot represent the class. The court additionally ordered the plaintiff to make more specific allegations against each defendant and provide the court with certain documentation to establish his capacity to bring the claim. The company's subsidiaries have not been served with the complaint, according to the company's Current Report on Form 8-K filing with the U.S. Securities and Exchange Commission dated Feb. 9, 2009. New York-based Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Suits Over "Lights" Cigarettes Pending in Israel --------------------------------------------------------------- Certain subsidiaries of Philip Morris International, Inc., continue to face purported class-action lawsuits in Israel over the notion that Lights cigarettes are safer than full flavor cigarettes, according to the company's Current Report on Form 8- K filing with the U.S. Securities and Exchange Commission dated Feb. 9, 2009. El-Roy Litigation The first class-action complaint is entitled "El-Roy, et al. v. Philip Morris Incorporated, et al.," which was filed before the District Court of Tel-Aviv/Jaffa, Israel, on Jan. 18, 2004, against a subsidiary of the company, and and its indemnitees -- PM USA and its former importer, Menache H. Eliachar Ltd. The suit was brought on behalf of a class of individual plaintiffs who allege that the use of the term "lights" constitutes fraudulent and misleading conduct. The plaintiffs claim that the class members were misled by the descriptor "lights" into believing that Lights cigarettes are safer than full flavor cigarettes. The claim seeks recovery of the purchase price of Lights cigarettes and compensation for distress for each class member. Hearings took place in November 2008 regarding whether the case meets the legal requirements necessary to allow it to proceed as a class action. The parties will now file final briefs on class certification. Navon Litigation The second class-action proceeding is entitled "Navon, et al. v. Philip Morris Products USA, et al.," which was filed in the District Court of Tel-Aviv/Jaffa, Israel, on Dec. 5, 2004. Its claims are similar to those in "El-Roy," and thus the case is currently stayed pending a class certification ruling in "El- Roy." Numberg Litigation The third class-action proceeding is entitled "Numberg, et al. v. Philip Morris Products S.A., et al.," which was filed in the District Court of Tel Aviv/Jaffa, Israel, on May 19, 2008. The company's subsidiaries and its indemnitee (the company's distributor M.H. Eliashar Distribution Ltd.) and other members of the industry are named as defendants. The plaintiffs filed a purported class-action lawsuit claiming that the class members were misled by pack colors, terms such as "slims" or "super slims" or "blue," and text describing tar and nicotine yields. They allege that these pack features misled consumers to believe that the cigarettes are safer than full flavor cigarettes. The plaintiffs seek recovery of the price of the brands at issue that were purchased from Dec. 31, 2004, to the date of filing of the claim. They also seek compensation for mental anguish and punitive damages. The company's subsidiary, Philip Morris Ltd. and its indemnitee, M.H. Eliashar Distribution Ltd., have been served with the claim. The company's subsidiary, Philip Morris Products S.A., has not yet been served. New York, New York-based Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. RAYMOND JAMES: Faces Lawsuit Alleging Securities Law Violations --------------------------------------------------------------- Raymond James Financial, Inc. faces a purported class-action lawsuit alleging various securities law violations. The company is named in a class-action suit similar to that filed against a number of brokerage firms alleging various securities law violations. No further details regarding the securities suit were disclosed by the company in its Feb. 9, 2009 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Dec. 31, 2008. Raymond James Financial, Inc. -- http://www.raymondjames.com/-- is a holding company whose subsidiaries are engaged in various financial services businesses in the United States of America and Canada. Its principal subsidiaries include Raymond James & Associates, Inc. (RJA), Raymond James Financial Services, Inc. (RJFS), Raymond James Ltd. (RJ Ltd.), Eagle Asset Management, Inc. (Eagle), Heritage Asset Management, Inc. (Heritage) and Raymond James Bank, FSB (RJBank). The company has eight business segments: Private Client Group, Capital Markets, Asset Management, RJBank, Emerging Markets, Stock Loan/Borrow, Proprietary Capital and certain corporate activities combined in the Other segment. STARBUCKS CORP: Faces Lawsuit in Wash. Over 2008 Data Breach ------------------------------------------------------------ Starbucks Corp. is facing a purported class-action suit in Washington that was filed by an employee who is claiming damages from an October 2008 data breach, Robert McMillan of IDG News Service reports. Laura Krottner was one of 97,000 employees notified late last year after a Starbucks laptop containing employee names, addresses and Social Security numbers was stolen on Oct. 29, 2008. Ms. Krottner's suit accuses the company of fraud and negligence, according to IDG News Service. The lawsuit was on Feb, 19, 2009 in the U.S. District Court for the Western District of Washington under the caption, "Krottner v. Starbucks Corporation, Case No. 2:09-cv-00216-RAJ." The company has offered employees one-year's free credit monitoring and protection, but Ms. Krottner is asking the court to extend that to five years. She is also seeking unspecified damages and asking that Starbucks be ordered to submit to periodic security audits of its computer systems. According to the comaplaint, a copy of which was obtained by IDG News Service, "Starbucks failed to follow reasonable precautions to secure its employees' [personally identifiable information], failed to provide timely notice, and failed to protect employees from invasion of privacy, fraud, identity theft, and associated expenses." It added that Ms. Krottner and the other employees must now spend "considerable time and money to protect themselves," from identity theft. Though the company was unable to immediately comment on the lawsuit, it did tell IDG News Service that it has seen no fraud linked to the incident, according to its breach notification letter. However, the lawsuit states that lately chatter on some Starbucks message boards shows that there have been some ID theft victims as a result of the incident, reports IDG News Service. The suit is "Krottner v. Starbucks Corporation, Case No. 2:09- cv-00216-RAJ," filed in the U.S. District Court for the Western District of Washington, Judge Richard A. Jones, presiding. Representing the plaintiff is: Gretchen Freeman Cappio, Esq. (gcappio@kellerrohrback.com) Keller Rohrback 1201 3rd Ave. Ste. 3200 Seattle, WA 98101-3052 Phone: 206-623-1900 Fax: 206-623-3384 TICKETMASTER ENTERTAINMENT: Faces Lawsuit Over Inflated Prices -------------------------------------------------------------- TORONTO, Feb. 23 /CNW/ - An additional Class Action lawsuit was commenced on Tuesday, February 17, 2009 against Ticketmaster Entertainment, Inc., Ticketmaster Canada Ltd., TNOW Entertainment Group, Inc., and Premium Inventory, Inc. (the "Defendants") in Alberta claiming the Defendants conspired to divert tickets to popular events away from Ticketmaster's lower priced portal available to the general public (http://www.ticketmaster.ca),in favour of its ticket brokering website http://www.ticketsnow.com,in which the same tickets were sold at premium prices. This lawsuit is brought in conjunction with lawsuits already commenced in Ontario and Manitoba by Sutts Strosberg LLP and Branch MacMaster, and contends that the practice of selling tickets in the secondary market for amounts that exceed their face price contravenes Section 25 of the Province of Alberta's Amusements Act which states, "no person shall sell, barter or exchange a ticket of admission to a place of amusement for a price or consideration greater than that paid or given for it to the owner of the place to which it authorizes admission." The lawsuit was initiated by a plaintiff who attempted to purchase tickets for Toby Keith's October 8, 2008 performance at Rexall Place in Edmonton, Alberta on the first day the tickets went on sale. The Plaintiff made several attempts over two days purchase the tickets through Ticketmaster Canada's website. After that time, the Plaintiff managed to access the Ticketmaster Canada website, but she was automatically redirected to TicketsNow's website. She purchased one ticket, and was charged a total of $219.15, including $29.95 for "delivery" and $25.80 "service charge". The face price of the ticket was not disclosed to her before she completed the transaction. When she received the ticket, she realized that the face price was $79.95, resulting in an overcharge of $139.20. Later that month, she attempted to locate another ticket for Toby Keith's performance on Ticketmaster Canada's website. To the Plaintiff's surprise, she was able to locate a ticket for the same performance. She purchased the ticket for $97.11, including $0.26 "facility charge", $11.00 "convenience charge", $1.35 for "TicketFast delivery" and $4.35 "order processing fee". The face price of the ticket was $79.75. "We were inundated with calls from consumers in Alberta who hoped to participate in the Ontario lawsuit," said Luciana Brasil of Branch MacMaster, one of the lawyers representing the Plaintiff. "The legislation in Alberta is similar to that in Ontario, and we hope that the judiciary will agree with our allegation that making tickets available in the secondary market contravenes the legislation in the province", said Clint Docken, of Docken & Company, who is also representing the Plaintiff. The class action is commenced on behalf of all persons who purchased tickets for an event in Alberts through TicketsNow.com from and after February 17 , 2007. For more details visit http://www.ticketmasterclassaction.com. TICKETMASTER ENTERTAINMENT: Faces Suit Over "High" Ticket Prices ---------------------------------------------------------------- TORONTO, Feb. 23 /CNW/ - An additional Class Action lawsuit was commenced on Tuesday, February 17, 2009 against Ticketmaster Entertainment, Inc., Ticketmaster Canada Ltd., TNOW Entertainment Group, Inc., and Premium Inventory, Inc. (the "Defendants") in Manitoba, claiming the Defendants conspired to divert tickets to popular events away from Ticketmaster's lower priced portal available to the general public (http://www.ticketmaster.ca),in favor of its ticket brokering website http://www.ticketsnow.com,in which the same tickets were sold at premium prices. The lawsuit is brought in conjunction with similar lawsuits brought in Ontario and in Alberta by Sutts Strosberg LLP and Branch MacMaster, and contends that the practice of selling tickets in the secondary market for amounts that exceed their face price contravenes Section 60 of the Province of Manitoba's Amusements Act which states, "no person shall sell, barter or exchange for any thing any ticket of admission to a place of amusement for a price or consideration greater than that paid or given therefor to the owner of the place of amusement to which it is an admission." The lawsuit was initiated by a plaintiff who alleges that she attempted, with her daughter of minor age, to purchase four tickets to Carrie Underwood's December 2, 2008 concert at MTS Centre in Winnipeg, Manitoba. The Plaintiff, and her daughter had obtained a "pre-sale password" from a local radio station. They made numerous attempts to purchase the tickets on the Ticketmaster, but each time were redirected to the TicketsNow website. After several unsuccessful attempts, her daughter was redirected to the TicketsNow website where the words "Row 2, $193" appeared. Believing that $193 was reasonable for four tickets, she completed the transaction using her mother's credit card. The Plaintiff was charged a total of $917.75 including "service charges" and a "delivery charge." She called TicketsNow in an attempt to have the charge reversed, but her request was denied. When she received her credit card statement, she realized that she was also charged in US currency, and after conversion to Canadian currency the total charge was $1010.05, resulting in an overcharge of $195.50 per ticket. The face value price of each ticket was $57.00. "We have heard hundreds of similar stories from consumers across Canada who allege the process in which tickets are sold on the Ticketmaster and TicketsNow website contravenes specific legislation in their province," said Luciana Brasil of Branch MacMaster, one of the lawyers representing the Plaintiff. "The Manitoba legislation exists to govern the process by which tickets are sold, and we are hopeful the courts will take a serious look into this issue," said Matthew Maruca, of Wilder Wilder & Langtry, who is also representing the Plaintiff. The class action is commenced on behalf of all persons who purchased tickets for an event in Manitoba through TicketsNow.com from and after February 17, 2007. For more details visit http://www.ticketmasterclassaction.com. New Securities Fraud Cases COLONIAL BANCGROUP: Faruqi & Faruqi Announces Stock Suit Filing --------------------------------------------------------------- NEW YORK, Feb 23, 2009 (GlobeNewswire via COMTEX) -- Faruqi & Faruqi, LLP announces that a class action lawsuit was commenced in the United States District Court for the Middle District of Alabama on behalf of all purchasers of The Colonial BancGroup, Inc. ("Colonial" or the "Company") securities between December 2, 2008 and January 27, 2009, inclusive (the "Class Period".) The complaint alleges that Colonial and certain of its officers and directors violated federal securities laws by issuing materially false and misleading statements regarding the Company's participation in the United States Treasury Department's Troubled Asset Relief Program ("TARP"). Specifically, the Complaint alleges that on December 2, 2008, the Company announced that the United States Treasury had approved an application for a $553 million preferred equity investment through TARP. In response, shares of the Company's common stock rallied 50%. On January 27, 2009, however, Colonial announced for the first time that the TARP funding was contingent upon Colonial raising $300 million in capital on its own. Upon this revelation, Colonial's stock price collapsed 46% on January 28, 2009, a day that was in fact a very favorable trading day for other bank stocks. Plaintiff seeks to recover damages on behalf of himself and all other individual and institutional investors who purchased Colonial securities between December 2, 2008 through January 27, 2009, excluding defendants and their affiliates. For more details, contact: Anthony Vozzolo, Esq. (Avozzolo@faruqilaw.com) Faruqi & Faruqi, LLP 369 Lexington Avenue, 10th Floor New York, NY 10017 Phone: (877) 247-4292 or (212) 983-9330 COLONIAL BANCGROUP: Izard Nobel Announces Securities Suit Filing ---------------------------------------------------------------- February 23, 2009: 07:03 PM ET -- Marketwire -- The law firm of Izard Nobel LLP, which has significant experience representing investors in prosecuting claims of securities fraud, announces that a lawsuit seeking class action status has been filed in the United States District Court for the Middle District of Alabama on behalf of those who purchased or otherwise acquired the securities of The Colonial BancGroup, Inc. (NYSE: CNB) between January 23, 2008 and January 27, 2009, inclusive (the "Class Period"). The Complaint charges that Colonial, and certain of its officers and directors, violated federal securities laws. Specifically, defendants issued materially false and misleading statements regarding the Company's business and financial results, and concealed the Company's failure to properly account for its troubled loan portfolio and goodwill. On January 27, 2009, the Company announced its fourth quarter and full year 2008 financial results, including a net loss of $825 million for the quarter due, in substantial part, to a $575 million goodwill impairment charge, a $415 million charge to write off troubled assets and an increase to its loan loss reserve. Colonial further disclosed that its receipt of funds from the U.S. Treasury's Capital Purchase Program was conditioned upon Colonial raising an additional $300 million in equity. On this news, Colonial's stock dropped from $1.58 per share on January 27, 2009 to $0.85 per share on January 28, 2009. During the Class Period, Colonial's stock traded as high as $16.06 per share in February 2008. For more details, contact: Nancy A. Kulesa, Esq. Wayne T. Boulton, Esq. Izard Nobel LLP Phone: (800) 797-5499 e-mail: firm@izardnobel.com Web site: http://www.izardnobel.com INTREPID POTASH: Howard G. Smith Announces Stock Lawsuit Filing --------------------------------------------------------------- BENSALEM, Pa., Feb 23, 2009 (GlobeNewswire via COMTEX) -- Law Offices of Howard G. Smith, representing investors of Intrepid Potash, Inc. ("Intrepid Potash" or the "Company"), has filed a class action lawsuit in the United States District Court for the District of Colorado on behalf of a class (the "Class") consisting of all persons or entities who purchased or otherwise acquired the securities of Intrepid Potash pursuant and/or traceable to the Prospectus and Registration Statement (collectively the "Registration Statement") issued in connection with Company's Initial Public Offering on April 21, 2008 (the "IPO"). The Complaint charges Intrepid Potash and certain of the Company's current and former executive officers with violations of federal securities laws. Intrepid Potash engages in the production and marketing of muriate of potash in the United States. The Complaint alleges that Registration Statement contained false and misleading statements and failed to disclose that the Company's President and Chief Operating Officer ("COO") had not received a B.A. degree from the University of Colorado or a M.S. degree from Loyola Marymount University, as represented in the Registration Statement. On February 11, 2009, the Fraud Discovery Institute revealed that Intrepid Potash's President and COO had misrepresented his educational qualifications in the Registration Statement issued in connection with the Company's IPO. In response to this news, shares of the Company's stock declined $1.52 per share, to close on February 11, 2009, at $22.00 per share, which represented a cumulative loss of approximately 31% of the value of the Company's shares at the time of its IPO just months earlier. On February 11, 2009, Intrepid Potash disclosed that the Company's President and COO was resigning. A Company-issued press release stated that the "misrepresentation of his academic credentials was a violation under the Company's Code of Business Conduct." No class has yet been certified in the above action. For more details, contact: Howard G. Smith, Esq. (howardsmith@howardsmithlaw.com) Law Offices of Howard G. Smith 3070 Bristol Pike, Suite 112 Bensalem, Pennsylvania 19020 Phone: (215) 638-4847 or (888) 638-4847 ********* A list of Meetings, Conferences and Seminars appears in each Wednesday's edition of the Class Action Reporter. Submissions via e-mail to carconf@beard.com are encouraged. Each Friday's edition of the CAR includes a section featuring news on asbestos-related litigation and profiles of target asbestos defendants that, according to independent research, collectively face billions of dollars in asbestos-related liabilities. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Glenn Ruel S. Senorin, Stephanie T. Umacob, Gracele D. Canilao, and Peter A. Chapman, Editors. Copyright 2009. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 240/629-3300. * * * End of Transmission * * *