CAR_Public/090612.mbx             C L A S S   A C T I O N   R E P O R T E R

             Friday, June 12, 2009, Vol. 11, No. 115

                           Headlines

BILL HEARD: June 30 Deadline Set For Filing a Claim in "Kratzel"
CHINA NATIONAL: July Hearing Set For PetroKazakhstan Litigation
CLINTON COUNTY: Reaches $1.15M Deal For N.Y. Strip-Search Suit
CORRECTIONS CORP: Settles Lawsuit Over Failure to Pay Employees
CVS PHARMACY: Certification Hearing Set For Suit Over AirShield

DES MOINES: Iowa Judge Issues Ruling in Franchise Fees Lawsuit
ELI LILLY: NAACP Files Class Certification Motion in Ind. Case
INDYMAC FEDERAL: Faces Suit Over Foreclosure Crisis in Nevada
IRVING PICARD: Faces Suit Over Claims of Bernard Madoff Victims
NEW ORLEANS: La. Judge Sets Deadline in Suit Over Juvenile Jail

NOVASTAR FINANCIAL: Appeal to Nixed Consolidated Lawsuit Pending
NOVASTAR FINANCIAL: Appealing Class Certification in Jones' Suit
NOVASTAR FINANCIAL: Faces Suit by N.J. Carpenters' Health Fund
NOVASTAR FINANCIAL: Securities Suit Settlement Approved in April
NOVASTAR FINANCIAL: To Defend Morgan's Indemnification Claims

PLATINUM CONDOMINIUM: Faces Securities Fraud Litigation in Nev.
SAFECO INSURANCE: Seeks Review of Certification of Ill. Lawsuit
UDR INC: Bad Biz Files Suit Over Residential Lease Agreement
WAL-MART STORES: Faces Illinois Litigation Over Return Policy
WAL-MART STORES: Minn. Judge Approves Wage, Hour Suit Settlement

WASHINGTON MUTUAL: Faces Lawsuit Over Home Equity Credit Lines
WISCONSIN: DOT Secretary, DMV Head Faces DPPA Violations Lawsuit
ZUMIEZ INC: "Johnson" Suit Over Unpaid Wages Pending in Calif.
ZUMIEZ INC: Stock Purchasers' Suit in Wash. Dismissed Last March
ZUMIEZ INC: Store Managers' Lawsuit Over Unpaid Wages Pending


                   New Securities Fraud Cases

LIZ CLAIBORNE: Glancy Binkow Files Securities Fraud Suit in N.Y.
RAYMOND JAMES: Faruqi & Faruqi Announces Securities Suit Filing
RAYMOND JAMES: Shalov Stone Files Securities Fraud Suit in N.Y.


                        Asbestos Alerts

ASBESTOS LITIGATION: 650 Stearns Lawsuits Ongoing v. RBS Global
ASBESTOS LITIGATION: Prager Still Facing 1 Case w/ 3,700 Claims
ASBESTOS LITIGATION: Falk Facing 170 Lawsuits w/ 1,380 Claimants
ASBESTOS LITIGATION: Cases v. Zurn Ind. Drop to 5.8T at March 31
ASBESTOS LITIGATION: RBS Global Has $276MM Insurance at March 31

ASBESTOS LITIGATION: Crown Holdings Cites $3MM March 31 Payments
ASBESTOS LITIGATION: Central Has $2.7M ARO Liability at March 31
ASBESTOS LITIGATION: Kaanapali, D/C Still Party to Injury Cases
ASBESTOS LITIGATION: Colonial Comm'l. Has 27 Claims at March 31
ASBESTOS LITIGATION: RAL Supply Still Faces 1 Action at March 3

ASBESTOS LITIGATION: Everest Re Has $768.8M Reserves at March 31
ASBESTOS LITIGATION: ABI Records $13.56M Liabilities at March 31
ASBESTOS LITIGATION: American Biltrite Has 1,281 Pending Claims
ASBESTOS LITIGATION: PDG Cites $83.7M March 31 Contract Revenues
ASBESTOS LITIGATION: Congoleum Cites $48.75MM March 31 Liability

ASBESTOS LITIGATION: Sears Holdings Subject to Exposure Actions
ASBESTOS LITIGATION: Injury Actions Still Ongoing v. Joy Global
ASBESTOS LITIGATION: Columbus McKinnon Liability Still at $8.8MM
ASBESTOS LITIGATION: Appeals Withdrawn in D'Ulisse Case in N.Y.
ASBESTOS LITIGATION: Veterans Court Issues Split Rulings in Fox

ASBESTOS LITIGATION: Appeals Withdrawn in Harris Action in N.Y.
ASBESTOS LITIGATION: Calif. Court OKs Rulings in Taylor Actions
ASBESTOS LITIGATION: Appeal Court OKs Ruling in U.S. Fire Action
ASBESTOS LITIGATION: Slone Action v. 37 Firms Filed in St. Clair
ASBESTOS LITIGATION: 4 Workers' FELA Action Filed May 29 in Ill.

ASBESTOS LITIGATION: Selkirk Flue Settles Action w/ Devon Local
ASBESTOS LITIGATION: Beacon Gets Report from Westmoreland Glass
ASBESTOS LITIGATION: Koons Case v. 37 Companies Filed on June 3
ASBESTOS LITIGATION: Marshall Town Issued $1,750 Fine on June 6
ASBESTOS LITIGATION: Appeal Court Upholds Ruling in Aurora Case

ASBESTOS LITIGATION: Wagner's Family Gets $4.5M in Compensation
ASBESTOS LITIGATION: Asian Asbestos Conference Held April 26-28
ASBESTOS LITIGATION: Economic Enviro Fined $2T for Safety Breach
ASBESTOS LITIGATION: Morse Suit v. Wyo. University Filed June 4
ASBESTOS LITIGATION: Inquest Rules on Gloucester Worker's Death

ASBESTOS LITIGATION: Milestone May Face Fines Over SUNY Cleanup
ASBESTOS LITIGATION: Workers' Board Flips Ruling in Ciafone Case
ASBESTOS LITIGATION: Claimants Want Official Panel in GM Action
ASBESTOS LITIGATION: NSLC to Investigate 45 Stores for Asbestos
ASBESTOS LITIGATION: Cleanup at Bristol Township Schools Delayed

ASBESTOS LITIGATION: 4 Aussie Embassies in Asia Contain Hazards
ASBESTOS LITIGATION: Navistar Still Subject to Exposure Lawsuits
ASBESTOS LITIGATION: Kubota Made Relief Payments to 178 Parties
ASBESTOS LITIGATION: J. C. Penney Has $39MM Liabilities at May 2
ASBESTOS LITIGATION: Insurers Urged to Donate GBP14M From Payout

ASBESTOS LITIGATION: Asbestos Removed From Horse Cave, Ky., Site
ASBESTOS LITIGATION: Cleanup at Leeds International Pool Ongoing
ASBESTOS LITIGATION: ATSDR Says Ill. Asbestos "Non-Threatening"
ASBESTOS LITIGATION: UCATT's Report Uncovers Risks in U.K. Homes
ASBESTOS LITIGATION: BSU to Raise Awareness on Industry Hazards

ASBESTOS LITIGATION: Appeal Court Upholds Ruling in Mason Action


                           *********

BILL HEARD: June 30 Deadline Set For Filing a Claim in "Kratzel"
----------------------------------------------------------------
Workers who are eligible to join a class-action lawsuit against
Bill Heard Enterprises, Inc. have until June 30, 2009 to file a
claim in the case, WHNT-TV reports.

WHNT-TV previously reported that Bill Heard Enterprises, Inc.
continues to face a purported class-action lawsuit in Alabama
alleging violations of the Worker Adjustment and Retraining
Notification (WARN) Act (Class Action Reporter, Feb. 19, 2009).

As reported in the Oct. 10, 2008 edition of the Class Action
Reporter, auto dealer giant Bill Heard Enterprises, Inc.,
allegedly violated federal labor law when thousands of employees
throughout the nation were terminated just before the company
sought bankruptcy protection on Sept. 28, according to lawyers
for a former company worker who sued in Alabama federal
bankruptcy court.

Named as defendants in the case are:

     -- Bill Heard Enterprises, Inc.,
     -- Bill Heard Chevrolet Company,
     -- Tom Jumper Chevrolet, Inc.,
     -- Bill Heard Chevrolet, Inc. - Huntsville,
     -- Landmark Chevrolet, Ltd.,
     -- Bill Heard Chevrolet, Ltd.,
     -- Bill Heard Chevrolet Corporation Nashville,
     -- Bill Heard Chevrolet Corporation - Orlando,
     -- Bill Heard Chevrolet Inc. - Union City,
     -- Bill Heard Chevrolet at Town Center, LLC,
     -- Bill Heard Chevrolet, Inc. - Collierville,
     -- Bill Heard Chevrolet, Inc. - Scottsdale,
     -- Bill Heard Chevrolet, Inc. - Plant City,
     -- Bill Heard Chevrolet Corporation - Las Vegas,
     -- Bill Heard Chevrolet Corporation - N.W. Las Vegas,
     -- Twentieth Century Land Corp.,
     -- Enterprise Aviation, Inc.,
     -- Century Land Corporation,
     -- Century Land Company - Tennessee,
     -- Bill Heard Management, LLC,
     -- Landmark Vehicle Mgt., LLC,
     -- Georgia Service Group, LLC, and
     -- Columbus Transportation, LLC.

According to the Complaint, Bill Heard Enterprises, Inc., and
about two dozen affiliated companies, were required by the WARN
Act to give at least 60 days advance written notice of the
employee terminations and continue paying certain wages, salary,
and benefits during the notice period in accordance with federal
law.

Former Bill Heard employee Edward Kratzel, who worked at a Bill
Heard facility in Las Vegas until Sept. 24, 2008, filed suit in
the U.S. Bankruptcy Court District in Decatur, Alabama.

The suit seeks WARN Act-required wages, salary, commissions,
bonuses, accrued holiday pay, accrued vacation pay, pension and
401(k) contributions, and other benefits that would have been
paid or covered during the notice period, and attorneys' fees
and litigation-related costs.

The workers' legal team has sought to have the lawsuit certified
as a class action that includes all persons who were terminated
without cause at Bill Heard-owned facilities in Georgia,
Alabama, Arizona, Florida, Nevada, Tennessee, and Texas on or
about Sept. 24, 2008.

The companies, which sold the Chevrolet, Cadillac and Saab
brands, are headquartered in Columbus, Georgia and included the
largest Chevrolet dealership in the nation.

Attorney Jack A. Raisner, Esq., of Outten & Golden LLP, stated,
"We allege that the Bill Heard employees are entitled to the
protections of the WARN Act. Employers bound by the WARN Act and
other labor laws cannot be allowed to compound the difficulties
of abruptly laid-off employees.  It's time for 'Mr. Big Volume,'
as Mr. Heard called himself, to ensure that his employees
survive this transition in accordance with the law."

Mr. Kratzel stated, "Employees of the Bill Heard companies
around the nation should have been given more time to prepare
for the closing of company facilities.  Because of the WARN Act,
we hope that this lawsuit will prevent employers like Bill Heard
from avoiding their obligations to the workers who helped him
generate billions of dollars of revenue through the years."

The suit is "Edward Kratzel on behalf of himself and all others
similarly situated, v. Bill Heard Enterprises, Inc., et al.,
Case No. 08-80154-JAC," filed in the U.S. Bankruptcy Court
District for the Northern District of Alabama.

Representing Mr. Katzel are:

          Adam T. Klein, Esq.
          Jack A. Raisner, Esq.
          Rene S. Roupinian, Esq.
          Outten & Golden LLP
          3 Park Avenue, 29th Floor
          New York, NY 10016
          Phone: 212-245-1000
          Fax: 212-977-4005

               - and -

          Mark P. Williams, Esq.
          Norman, Wood, Kendrick & Turner
          Financial Center, Suite 1600
          505-20th Street North
          Birmingham, AL 35203


CHINA NATIONAL: July Hearing Set For PetroKazakhstan Litigation
---------------------------------------------------------------
An Alberta court will hear in July an application to certify a
class-action lawsuit against China National Petroleum Corp. that
alleges China's largest state-controlled oil company profited
from insider trading in its US$4.18-billion takeover of
PetroKazakhstan Inc. in 2005, Claudia Cattaneo of The Financial
Post reports.

The claim, launched two years ago by Bill Wheeler, chairman of
Vancouver-based money manager Leith Wheeler Investment Counsel,
was unsuccessfully challenged by the Chinese company before the
Court of Queen's Bench of Alberta and the Court of Appeal of
Alberta on the basis that the Alberta court didn't have
jurisdiction, according to The Financial Post report.

The Financial Post reported that no defense has yet been filed
in the class action, scheduled to go before Justice John Rooke
in Calgary on July 21, 2009.

Mr. Wheeler, an early investor in PetroKazakhstan, claims that a
subsidiary of CNPC purchased shares of PetroKazakstan in the
market at the same time as its parent was preparing to bid for
the company.  CNPC ended up buying the company for US$55 a share
on Aug. 22, 2005.

Acting as the lead plaintiff in the case, Mr. Wheeler is seeking
to recover about $700,000 in losses he claims he incurred
personally as a result of the sale of shares before the CNPC bid
was disclosed to the market.  He expects other former
shareholders to join the class action if the court gives it the
green light, reports The Financial Post.

The statement of claim says that CNPC first approached
PetroKazakhstan in March or April of 2005, to discuss its
intention to make a takeover offer.  Meanwhile, an affiliate
created to invest in securities in North America was handed
US$40-million to purchase shares of PetroKazakhstn in the
market, The Financial Post reported.

The statement of claim alleges that the affiliate, using insider
information, bought shares of PetroKazakhstan in the market
worth $48-million at an average price of $41.98 a share.  The
allegations though have not been proven in court, according to
The Financial Post.


CLINTON COUNTY: Reaches $1.15M Deal For N.Y. Strip-Search Suit
--------------------------------------------------------------
The County of Clinton in New York settled a jailhouse strip-
search lawsuit for more than $1 million, Andrea VanValkenburg of
the PressRepublican.com reports.

Though the county denies violating the plaintiff's rights during
the routine searches, officials have agreed to dole out $1.15
million to the estimated 2,700 potential victims, according to
the PressRepublican.com report.

Lois Clermont of the PressRepublican.com previously reported
that U.S. District Judge Norman A. Mordue granted class-action
status to a suit filed against Clinton County by a local woman,
claiming she was illegally strip-searched (Class Action
Reporter, July 11, 2007).

The suit was filed by Phyllis Mitchell in 2006.  She claimed she
was illegally strip-searched at Clinton County Jail in March
2003 when she was being admitted on misdemeanor charges of
abandonment of animals and failure to provide proper food and
drink to animals.

The suit was filed in U.S. District Court for the Northern
District of New York against Sheriff David Favro, Undersheriff
Jerry Maggy and Maj. Michael Smith, the jail administrator.  It
seeks a judgment of at least $3 million.

The class-action certification would allow other people charged
with misdemeanors, violations and infractions who were strip-
searched at the County Jail to join the action.

Judge Mordue ruled that "persons charged with a misdemeanor and
remanded to a local correctional facility ... have a right to be
free of a strip search absent reasonable suspicion that they are
carrying contraband or weapon."

The classes certified are:

     (1) E Class A: People who were brought in on misdemeanors
         or more minor crimes who were strip-searched from Feb.
         28, 2003, to Oct. 24, 2003.  These people will be the
         subject of a directed-verdict motion.

     (2) E Class B: People who were brought in on misdemeanors
         or more minor crimes who were strip-searched from Oct.
         24, 2003, up until the jail stopped doing blanket strip
         searches.  These people will have liability determined
         by jury trial.

The suit is "Mitchell v. The County of Clinton et al., Case No.
8:06-cv-00254-NAM-DRH," filed in the U.S. District Court for the
Northern District of New York under Judge Norman A. Mordue with
referral to Judge David R. Homer.

Representing the plaintiff is:

          Elmer R. Keach, III, Esq. (bobkeach@keachlawfirm.com)
          Office of Elmer R. Keach, III
          1040 Riverfront Center
          P.O. Box 70
          Amsterdam, NY 12010
          Phone: 518-434-1718
          Fax: 518-770-1558

Representing the defendant is:

          Gregg T. Johnson, Esq. (gtj@girvinlaw.com)
          Girvin, Ferlazzo Law Firm
          20 Corporate Woods Boulevard
          2nd Floor Albany, NY 12211-2350
          Phone: 518-462-0300
          Fax: 518-462-5037


CORRECTIONS CORP: Settles Lawsuit Over Failure to Pay Employees
---------------------------------------------------------------
Corrections Corp. of America, the company that runs Silverdale
Detention Center in Hamilton County settled a national class-
action lawsuit that claimed it had a history of not paying
employees for certain types of work, Monica Mercer of
Chattanooga Times Free Press reports.

The settlement amount that the company must pay is confidential,
according to Kansas attorney Brendan Donelon, Esq., who filed
the lawsuit on behalf of 17 original plaintiffs last year in
U.S. District Court for the Western District of Missouri,
according to Chattanooga Times Free Press report.

Chattanooga Times Free Press reported that the plaintiffs now
include about 282 corrections officers from 14 states who work
in 29 CCA facilities.  All CCA employees, including those in
Hamilton County, who think they might have been affected by
policies that allegedly prevented them from receiving
compensation have until July 27 to file claim forms.

According to court documents obtained by The Chattanooga Times
Free Press, CCA "has a policy of not paying corrections
counselors, case managers and clerks for work performed in
violation of the Fair Labor Standards Act."

In particular, court documents state that CCA requires employees
to be present at work before their shift starts but fails to
compensate them for that time.  Employees also are required to
attend meetings off the clock, according to documents, reports
Chattanooga Times Free Press.


CVS PHARMACY: Certification Hearing Set For Suit Over AirShield
---------------------------------------------------------------
Judge Lloyd Cueto of St. Clair County Circuit Court set a July
2, 2009 certification hearing for a purported class-action suit
over the effectiveness of CVS Pharmacy's cold remedy
"Airshield," Amelia Flood of The St. Clair Record reports.

Ann Knef of The Madison County Record previously reported CVS
Pharmacy is seeking for the dismissal of a consumer fraud class-
action suit over its immune system product AirShield (C;ass
Action Reporter, Jan. 30, 2009).

Filed in December 2008, 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.


DES MOINES: Iowa Judge Issues Ruling in Franchise Fees Lawsuit
--------------------------------------------------------------
Judge Joel Novak of Polk County District Court ruled in a class-
action case against the City of Des Moines, Iowa that the city
owes utility customers millions of dollars in refunds for what
he calls "illegal fees," Darwin Danielson of Radio Iowa reports.

Des Moines has been collecting around $13-million a year in
franchise fees from customers of Mid-American Energy to cover
the costs of such services as trimming trees around power lines,
according to the Radio Iowa report.

When Des Moines resident Lisa Kragnes noticed the extra charge
on her utility bill in 2004, she decided to challenge it in
court.  Brad Schroeder, Esq. represented Mr. Kragnes and says
Judge Joel Novak found the city collected much more money than
it needed, Radio Iowa reported.

"They've been collecting a five percent fee and the judge said
only one-and-a-quarter percent approximately is justified.  The
remainder is an illegal tax that the city has been charging
without the authority to do so," Mr. Schroeder tells Radio Iowa.

Mr. Schroeder estimates Des Moines owes Mid American Energy
customers $43-millions in refunds for the period between 2004
and now.

The franchise fee costs the average Des Moines household a
little more than one hundred dollars per year.  City officials
say they will appeal the ruling, reports Radio Iowa.

The Chicago Tribune previously reported that a Polk County judge
has ruled that a lawsuit over the city of Des Moines' utility
franchise fee can continue as a class-action case (Class Action
Reporter, Sept. 1, 2008).

According to Chicago Tribune, Judge Joel Novak has ruled that
the attorney for Lisa Kragnes "has the financial wherewithal to
proceed" and can adequately protect the interests of Des Moines
utility customers.

The report recounts that the city has fought the class-action
certification saying it could draw up to 124,000 customers into
the court fight.

Ms. Kragnes filed the lawsuit in 2004, claiming that the 5% fee
on natural gas and electrical bills in Des Moines is an illegal
tax, the report recalls.


ELI LILLY: NAACP Files Class Certification Motion in Ind. Case
--------------------------------------------------------------
The National Association for the Advancement of Colored People
(NAACP) filed a motion requesting class-action certification in
a racial discrimination lawsuit against Eli Lilly & Co.,
entitled, "Welch et al v. Eli Lilly & Company, Case No. 1:2006-
cv-00641," Deanna Dewberry of WISH reports.

The suit was filed by Cassandra Welch on April 20, 2006 in the
U.S. District Court for the Southern District of Indiaina.

Ms. Welch is one of 10 African-American current and former
employees suing the global giant.  NAACP attorneys say they have
signed declarations from 96 more, reports WISH.

According to Ms. Welch, "I learned that my pay for what I was
doing business consultant was significantly less for what I was
doing than my white counterparts."  She said as much as $20,000
less, WISH reported.

When Ms. Welch complained, she said the harassment began. She
said, "During black history month one year, to come back to my
desk, and find a dark colored doll with a noose around its
neck," according to the WISH report.

If the plaintiffs prevail, 2,000 current and former African-
American employees could join in a class-action suit against Eli
Lilly, WISH reports.

The plaintiffs are hoping that the judge will have made a
decision regarding class-action status by the end of the year
with a trial scheduled sometime next year, according to WISH.

For more details, contact:

          Robert Thomas Dassow, Esq. (rdassow@hovdelaw.com)
          Hovde Dassow & Deets LLC
          Meridian Tower, Suite 500
          201 West 103rd Street
          Indianapolis, IN 46290
          Phone: (317) 818-3100
          Fax: (317) 818-3111

               - and -

          Christine Dunn, Esq. (cdunn@nydclaw.com)
          Sanford Wittels & Heisler, LLP
          1666 Connecticut Ave., N.W., Suite 310
          Washington, DC 20009
          Phone: (202) 742-7785
          Fax: (202) 742-7776


INDYMAC FEDERAL: Faces Suit Over Foreclosure Crisis in Nevada
-------------------------------------------------------------
IndyMac Federal Bank FSB, who was taken over by OneWest Bank,
FSB, is facing a purported class-action lawsuit in Nevada filed
by a group of homeowners who are seeking to stop foreclosures
and to get restitution for those who've already lost their
homes, KLAS-TV reports.

The plaintiffs, including Luis Benito and Elena Woodard, are
going after Indymac of Pasadena, California, one of the first
banks to fail during the foreclosure crisis in southern Nevada,
according to the KLAS-TV report.

The suit claims the lender did not deal in good faith with their
borrowers and used deceptive and unfair practices.  According to
attorney Matthew Callister, Esq.," They focused in on minority
groups and attempted to sell them on loans that they knew that
those borrowers could never ever satisfy," KLAS-TV reported.

Mr. Callister tells KLAS-TV that tens of thousands of valley
homeowners have loans through the company and he wants to stop
more from becoming victims of bad lending practices.

"Freeze the foreclosure process until there is a face to face
renegotiating and an evaluation of whether or not those loans
were made on a true and fair basis," he told KLAS-TV.

For more details, contact:

         Matthew Q. Callister, Esq. (mqc@callister-reynolds.com)
         Callister & Reynolds Law Offices
         823 Las Vegas Boulevard South
         Las Vegas, Nevada 89101
         Phone: 702-385-3343
         Fax: 702-385-7743
         Web site: http://www.lawyers.com/callister&reynolds


IRVING PICARD: Faces Suit Over Claims of Bernard Madoff Victims
---------------------------------------------------------------
Irving Picard, the trustee appointed to recover funds from
Bernard L. Madoff's collapsed Ponzi scheme faces a purported
class-action lawsuit that was filed on behalf of victims seeking
to have Mr. Picard determine the value of their claims based on
the last statement they received from Madoff in November of 2008
shortly before he was arrested, Dunstan Prial of FOXBusiness
reports.

Mr. Picard, who is currently determining the amounts returned to
former Madoff clients burned in the fraud, has said publicly --
and repeatedly -- that he will determine claims based on a
definition of net equity, the legal term being argued, based
solely on how much clients put into their Madoff accounts versus
how much they took out, according to the FOXBusiness report.

Attorneys Brian Neville, Esq. and Barry Lax, Esq. said in an
interview with FOX Business that the trustee's definition of net
equity is wrong and that it has frightened many former Madoff
clients from filing claims ahead of the July 2 deadline set by
the Securities Investor Protection Corp.

"Thousands of customers haven't filed claim forms," Mr. Neville
told FOXBusiness.  "In many cases, we're dealing with senior
citizens who are shell-shocked."

According to the attorneys, some former clients fear that filing
a claim with the trustee Irving Picard under his definition of
net equity could trigger a clawback in which the client could
conceivably be required to pay money back rather than receiving
a claim, reports FOXBusiness.

In addition, other former clients scattered across the U.S. have
declined to file because the proceedings are being overseen by a
New York bankruptcy judge, and these victims would prefer to
have their claims decided in local courts, the lawyers tell
FOXBusiness.

Other victims have simply determined "it's an exercise in
futility" to try and fight Picard's definition of net equity,
says Mr. Neville.

FOXBusiness reported that because the July 2, 2009 deadline for
filing is approaching, the lawsuit requests that all eligible
former Madoff clients be deemed to have filed a claim with SIPC
regardless of whether they actually have or not.  And the
lawyers are asking that their case be heard quickly to beat the
deadline.


NEW ORLEANS: La. Judge Sets Deadline in Suit Over Juvenile Jail
---------------------------------------------------------------
A class-action lawsuit against Mayor Ray Nagin and the New
Orleans Department of Human Services alleging inhumane
conditions at the city's juvenile jail is moving forward with a
judge setting a deadline for the two sides to reach an
agreement, Katie Moore of Eyewitness News reports.

According to Judge Ivan Lamelle of the U.S. District Court for
the Eastern District of Louisiana, if the two sides don't work
out a mediation plan by Aug. 20, 2009, he'll set a trial date
for the lawsuit against the city to move forward, Eyewitness
News reported.

The Courthouse News Service previously reported that on Dec. 21,
2008, a purported class-action lawsuit was filed against Mayor
Ray Nagin and the New Orleans Department of Human Services in
the U.S. District Court for the Eastern District of Louisiana
over jail abuses (Class Action Reporter, Jan. 3, 2009).

Plaintiffs are challenging the conditions of confinement of all
children housed at the Youth Study Center (YSC) in New Orleans,
Louisiana, which includes unsanitary conditions, inadequate
medical care, cruel psychological and verbal harassment and
abuse, improper and excessive use of lockdown, inadequate
education, and other unconscionable and illegal conditions of
confinement.

They are bringing the action on behalf of all other persons who
are now, or in the future will be held in custody at the YSC,
pursuant to Federal Rule of Civil Procedure 23(a) and (b)(2).

Plaintiffs pray that the court:

     (1) assume jurisdiction over this action;

     (2) order that this case may be maintained as a class
         action pursuant to Rules 23(a) and (b)(2) of the
         Federal Rules of Civil Procedure;

     (3) declare unconstitutional and unlawful the conditions of
         confinement and treatment of children at YSC;

     (4) declare that the complained action, omissions, policies
         and practices of defendants violate rights guaranteed
         to members of the plaintiff class by:

        (a) the IDeA, 20 U.S.C. Section 1400 et seq. and its
            implementing regulations;

        (b) Section 504 of the Rehabilitation Act, 29 U.S.C.
            Section 794 and its implementing regulations;

        (c) the ADA, 42 U.S.C. Sections 12131-12133 and its
            implementing regulations; and

        (d) the First, Sixth, Eighth, and Fourteenth Amendments
            of the United States Constitution, and various
            provisions of the Louisiana Constitution,
            Louisiana's Children Code, and other Louisiana Law.

     (5) (a) enter a permanent injunction prohibiting the
             continuation of unconstitutional conditions of
             confinement and requiring the defendants, their
             successors, agents and employees, and all persons
             acting in concert with them to take immediate steps
             to improve the conditions of confinement and
             treatment for youth at YSC and to bring such
             treatment and conditions to a constitutionally and
             statutorily adequate medical treatment;

         (b) providing adequate counseling and mental health
             care;

         (c) providing adequate education and special education
             as required by the IDEA, Section 504 of the
             Rehabilitation Act, and  title II of the ADA;

         (d) providing adequate visitation and access to
             materials for maintaining stable family and
             community relationships;

         (e) providing adequate visitation and access to
             materials for maintaining stable family and
             community relationships;

         (f) providing adequate recreation and exercise;

         (g) providing adequate, nutritious, and sanitary
             food service;

         (h) prohibiting illegal and inhumane isolation
             practices;

         (i) prohibiting arbitrary disciplinary practices;

         (j) ensuring meaningful access to counsel and legal
             materials;

         (k) providing adequate staffing levels, and staff
             training and supervision;

         (l) providing adequate monitoring, investigation and
             documentation of alleged abuses; and


        (m) improving physical safety measures and conditions
            (sanitation and ventilation) which would be in
            compliance with acceptable norms and constitutional
            principles applicable to the housing of youth in
            state and city facilities; and

        (n) implementing a constitutionally adequate grievance
            procedure;

     (6) award plaintiffs the costs of this lawsuit and
        reasonable attorneys' fees; and

     (7) award plaintiffs such other and further relief that the
         court shall deem just and proper.

The suit is "J.D. et al. v. C. Ray Nagin et al. Case No. 07-
9755," filed in the U.S. District Court for the Eastern District
of Louisiana.

Representing plaintiffs are:

          Carol Kolinchak
          Juvenile Justice Project of Louisiana
          1600 Oretha Castle Haley Blvd.
          New Orleans, Louisiana 70113
          Phone: 504-522-5437
          E-mail: ckolinchak@jjpl.org

          Stephen F. Hanlon
          Sharon Y. Eubanks
          LaKeyria W. Felder
          Holland & Knight LLP
          2099 Penn. Ave., N.W. Suite 100
          Washington, D.C. 20005
          Phone: 202-955-3000
          E-mail: Stephen.Hanlon@hklaw.com or
                  Sharon.Eubanks@hklaw.com or
                  LaKeytria.Felder@hklaw.com


NOVASTAR FINANCIAL: Appeal to Nixed Consolidated Lawsuit Pending
----------------------------------------------------------------
The plaintiffs' appeal to the dismissal of their consolidated
amended complaint against NovaStar Financial, Inc. and certain
former and current executive officers remains pending.

In February 2007, a number of substantially similar putative
class-action suits were filed in the U.S. District Court for the
Western District of Missouri.

The complaints name the company and three of its former and
current executive officers as defendants and generally allege,
among other things, that the defendants made materially false
and misleading statements regarding the company's business and
financial results.

The plaintiffs purport to have brought the actions on behalf of
all persons who purchased or otherwise acquired the company's
common stock during the period May 4, 2006 through Feb. 20,
2007.

Following consolidation of the actions, a consolidated amended
complaint was filed on Oct. 19, 2007.

On Dec. 29, 2007, the defendants moved to dismiss all of
plaintiffs' claims.

On June 4, 2008, the Court dismissed the plaintiffs' complaints
without leave to amend.  The plaintiffs have filed an appeal of
the Court's ruling, according to the company's May 29, 2009 Form
10-K/A filing with the U.S. Securities and Exchange Commission
for the fiscal year ended Dec. 31, 2008.

NovaStar Financial, Inc. -- http://www.novastarfinancial.com/--
is engaged in operating as a non-conforming residential mortgage
portfolio manager.  The company previously originated,
purchased, securitized, sold, invested in and serviced
residential nonconforming mortgage loans and mortgage backed
securities.  It retained, thorough the mortgage securities
investment portfolio, interests in the nonconforming loans,
originated and purchased, and through the servicing platform,
serviced all of the loans in which it retained interests.
During the year ended Dec. 31, 2007, the company discontinued
the mortgage lending operations and sold the mortgage servicing
rights, which subsequently resulted in the abandonment of the
servicing operations.


NOVASTAR FINANCIAL: Appealing Class Certification in Jones' Suit
----------------------------------------------------------------
NovaStar Financial, Inc. is appealing the class certification
order in Jennifer Jones' case in the U.S. District Court for the
Western District of Missouri, according to the company's May 29,
2009 Form 10-K/A filing with the U.S. Securities and Exchange
Commission for the fiscal year ended Dec. 31, 2008.

On July 7, 2008, plaintiff Jennifer Jones filed a purported
class action case in the U.S. District Court for the Western
District of Missouri against the company, certain former and
current officers of the company, and unnamed members of its
"Retirement Committee".

Plaintiff, a former employee of the company, seeks class action
certification on behalf of all persons who were participants in
or beneficiaries of the company's 401(k) plan from May 4, 2006
until Nov. 15, 2007 and whose accounts included investments in
the company's common stock.

Plaintiff seeks monetary damages alleging that the company's
common stock was an inappropriately risky investment option for
retirement savings, and that defendants breached their fiduciary
duties by allowing investment of some of the assets contained in
the 401(k) plan to be made in the company's common stock.

On Nov. 12, 2008, the company filed a motion to dismiss which
was denied by the Court on Feb. 11, 2009.

On April 6, 2009, the Court granted the plaintiff's motion for
class certification.  The company sought permission from the
Eight Circuit Court of Appeals to appeal the order granting
class certification.  On May 11, 2009, the Court of Appeals
granted the company permission to appeal the class certification
order.

NovaStar Financial, Inc. -- http://www.novastarfinancial.com/--
is engaged in operating as a non-conforming residential mortgage
portfolio manager.  The company previously originated,
purchased, securitized, sold, invested in and serviced
residential nonconforming mortgage loans and mortgage backed
securities.  It retained, thorough the mortgage securities
investment portfolio, interests in the nonconforming loans,
originated and purchased, and through the servicing platform,
serviced all of the loans in which it retained interests.
During the year ended Dec. 31, 2007, the company discontinued
the mortgage lending operations and sold the mortgage servicing
rights, which subsequently resulted in the abandonment of the
servicing operations.


NOVASTAR FINANCIAL: Faces Suit by N.J. Carpenters' Health Fund
--------------------------------------------------------------
NovaStar Financial, Inc. faces a purported class-action case
filed by the New Jersey Carpenters' Health Fund, on behalf of
itself and all others similarly situated.

On May 21, 2008, a purported class action case was filed in the
Supreme Court of the State of New York, New York County, by the
New Jersey Carpenters' Health Fund.

Defendants in the case include NovaStar Mortgage Funding
Corporation and its individual directors, several securitization
trusts sponsored by the company, and several unaffiliated
investment banks and credit rating agencies.

The case was removed to the U.S. District Court for the Southern
District of New York, and plaintiff has filed a motion to remand
the case to state court.

Plaintiff seeks monetary damages, alleging that the defendants
violated sections 11, 12 and 15 of the Securities Act of 1933 by
making allegedly false statements regarding mortgage loans that
served as collateral for securities purchased by plaintiff and
the purported class members.

Pursuant to a stipulation, the company has not yet filed its
initial responsive pleading, and discovery is not yet underway,
according to the company's May 29, 2009 Form 10-K/A filing with
the U.S. Securities and Exchange Commission for the fiscal year
ended Dec. 31, 2008.

NovaStar Financial, Inc. -- http://www.novastarfinancial.com/--
is engaged in operating as a non-conforming residential mortgage
portfolio manager.  The company previously originated,
purchased, securitized, sold, invested in and serviced
residential nonconforming mortgage loans and mortgage backed
securities.  It retained, thorough the mortgage securities
investment portfolio, interests in the nonconforming loans,
originated and purchased, and through the servicing platform,
serviced all of the loans in which it retained interests.
During the year ended Dec. 31, 2007, the company discontinued
the mortgage lending operations and sold the mortgage servicing
rights, which subsequently resulted in the abandonment of the
servicing operations.


NOVASTAR FINANCIAL: Securities Suit Settlement Approved in April
----------------------------------------------------------------
The U.S. District Court for the Western District of Missouri, on
April 28, 2009, approved the proposed $7.25 million settlement
in the matter, "In Re: Novastar Financial Securities Litigation,
Case No. 4:04-cv-00330-ODS."

The hearing will be held before the Honorable Ortrie D. Smith in
the Charles Evans Whittaker Courthouse, 400 E. 9th Street,
Kansas City, Missouri 64106.

The Kansas City Business Journal previously reported NovaStar
Financial, Inc. has agreed to pay $7.25 million to settle a
consolidated securities fraud class-action lawsuit.  The
settlement agreement, filed on Dec. 8, 2008 in the U.S. District
Court for the Western District of Missouri, includes no
admission of wrongdoing by Kansas City-based NovaStar (Class
Action Reporter, Dec. 12, 2008).

Since April 2004, a number of substantially similar securities
class action complaint were filed against the company and three
of its executive officers (Class Action Reporter, June 19,
2008).

On Aug. 23, 2004, Judge Ortrie D. Smith issued an order
consolidating all related cases into one class action as, "In re
NovaStar Financial Securities Litigation," and appointed lead
plaintiffs and co-lead counsel.  The lead plaintiffs filed their
consolidated class action complaint on Nov. 12, 2004.

The consolidated complaint generally alleged that the defendants
made public statements that were misleading or failed to
disclose certain regulatory and licensing matters.

The complaint names as defendants:

     -- the company;

     -- Lance W. Anderson, president, and chief operating
        officer;

     -- Michael L. Bamburg, senior vice president and chief
        investment officer;

     -- Scott Hartman, chairman of the board and chief executive
        officer; and

     -- Rodney E. Schwatken, vice president, secretary,
        treasurer, and controller.

The plaintiffs purported to bring the consolidated action on
behalf of all persons who purchased the company's common stock
and sellers of put options on the company's common stock during
the period Oct. 29, 2003, through April 8, 2004.

According to the complaint, NovaStar fostered an aggressive-
growth culture throughout the class period.  NovaStar touted its
rapid growth in earnings, production, and its securities
portfolio and highlighted the increasing number of NovaStar-
affiliated branch offices.

The suit notes that in 2003, the company had reported that it
had doubled the number of branch offices in operation and that
its earnings had more than doubled in 2003 to $112 million.

On April 28, 2009, the Court approved the settlement, according
to the company's May 29, 2009 Form 10-K/A filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
Dec. 31, 2008.

The suit is "In Re: Novastar Financial Securities Litigation,
Case No. 4:04-cv-00330-ODS," filed with the U.S. District Court
for the Western District of Missouri, Judge Ortrie D. Smith,
presiding.

Representing the plaintiffs are:

          Bruce D. Bernstein, Esq.
          Michael B. Eisenkraft, Esq.
          Milberg, Weiss Bershad & Schulman, LLP
          One Pennsylvania Plaza, 49th Floor
          New York, NY 10119
          Phone: 212-594-5300

          James M. Evangelista, Esq.
          (jevangelista@chitwoodlaw.com)
          Chitwood Harley Harnes, LLP
          1230 Peachtree St., N.E., Suite 2300
          Atlanta, GA 30309
          Phone: 404-607-6871
          Fax: 404-876-4476

               -- and --

          William W. Wickersham, Esq.
          Entwitle & Cappucci, LLP
          299 Park Avenue, 14th Floor
          New York, NY 10171
          Phone: 212-894-7200

Representing the defendants are:

          Erin Bansal, Esq. (ebansal@orrick.com)
          William F. Alderman, Esq. (walderman@orrick.com)
          Orrick, Herrington & Sutcliffe, LLP
          405 Howard Street
          San Francisco, CA 94105
          Phone: 415-773-5700
          Fax: 415-773-5759


NOVASTAR FINANCIAL: To Defend Morgan's Indemnification Claims
-------------------------------------------------------------
NovaStar Financial, Inc. expects to defend any indemnification
claims asserted on behalf of J.P. Morgan Mortgage Acceptance
Corp. and certain affiliates.

On May 6, 2008, the company received a letter written on behalf
of J.P. Morgan Mortgage Acceptance Corp. and certain affiliates
demanding indemnification for claims asserted against Morgan in
a case entitled Plumbers & Pipefitters Local #562 Supplemental
Plan and Trust v. J.P. Morgan Acceptance Corp. et al, filed in
the Supreme Court of the State of New York, County of Nassau.

The case seeks class action certification for alleged violations
by Morgan of sections 11 and 15 of the Securities Act of 1933,
on behalf of all persons who purchased certain categories of
mortgage backed securities issued by Morgan in 2006 and 2007.

According to the company's May 29, 2009 Form 10-K/A filing with
the U.S. Securities and Exchange Commission for the fiscal year
ended Dec. 31, 2008, Morgan's indemnity demand alleges that any
liability it might have to plaintiffs would be based, in part,
upon alleged misrepresentations made by the company with respect
to certain mortgages that make up a portion of the collateral
for the securities at issue.

NovaStar Financial, Inc. -- http://www.novastarfinancial.com/--
is engaged in operating as a non-conforming residential mortgage
portfolio manager.  The company previously originated,
purchased, securitized, sold, invested in and serviced
residential nonconforming mortgage loans and mortgage backed
securities.  It retained, thorough the mortgage securities
investment portfolio, interests in the nonconforming loans,
originated and purchased, and through the servicing platform,
serviced all of the loans in which it retained interests.
During the year ended Dec. 31, 2007, the company discontinued
the mortgage lending operations and sold the mortgage servicing
rights, which subsequently resulted in the abandonment of the
servicing operations.


PLATINUM CONDOMINIUM: Faces Securities Fraud Litigation in Nev.
---------------------------------------------------------------
Platinum Condominium Development, LLC, and Marcus Management Las
Vegas, LLC, developers of the Platinum hotel and condominiums,
are facing a potential class-action lawsuit by owners who claim
they were deceived into buying units as lucrative investments,
The Las Vegas Business Press reports.

The case was originally filed in Clark County District Court on
April 20, 2009, but attorneys for the defendants filed a motion
on May 29, 2009 to move the case to U.S. District Court for the
District of Nevada, according to The Las Vegas Business Press
report.

Listed as plaintiffs in the case are Adam Goodman, Jesse
Bahkshian, Evan Cherry, Francoise Cherry, Scott Heyden and David
Leon, who were all represented by Robert B. Gerard, Esq. of
Gerard & Associates.

The complaint, captioned, "Goodman et al v. Platinum Condominium
Development, LLC et al., Case No. 2:2009-cv-00957," alleges
violations of two sections of the Securities Act of 1933 based
on allegations that the buyers were sold the condo-hotel units
as investments and guaranteed a stream of rental income, but
were never given a prospectus or full disclosure of the risks
involved before buying.  It further alleges violations of the
Land Sales Full Disclosure Act and charges important facts were
concealed, reports The Las Vegas Business Press.

For more details, contact:

          Robert B. Gerard, Esq. (rgerard@gerardlaw.com)
          Gerard & Associates
          2840 South Jones Boulevard
          Building D, Suite 4
          Las Vegas, NV 89146
          Phone: 702-251-0093
          Fax: 702-251-0094

          Jared H. Beck, Esq. (jared@beckandlee.com)
          Beck & Lee, P.A.
          555
          28 W. Flagler St.
          Miami, FL 33130
          Phone: 305-789-0072
          Fax: 786-664-3334

               - and -

          Brian Cothroll, Esq. (bcothroll@foley.com)
          Foley & Lardner LLP
          777 East Wisconsin Avenue
          Milwaukee, WI 53202
          Phone: 414-297-5567
          Fax: 414-297-4900


SAFECO INSURANCE: Seeks Review of Certification of Ill. Lawsuit
---------------------------------------------------------------
An attorney for Safeco Insurance Company of America is seeking
for reconsideration of a lawsuit against the company that was
certified as a class-action case by Judge Barbara Crowder of
Madison County Circuit Court, Steve Korris of The St. Clair
Record reports.

Safeco lawyer Mark Arnold of St. Louis had removed the suit to
federal court in East St. Louis in April, claiming Judge Crowder
started a new case for purposes of federal class action law.

Mr. Arnold argues that Judge Crowder's March 25 certification
order turned a suit against two Safeco affiliates into a suit
against 11 affiliates.  He further argues, "The record shows
that this was a purposeful expansion of the case."

Thus, Mr. Arnold is asking Judge G. Patrick Murphy of the U.S.
District Court for the Southern District of Illinois to
reconsider Judge Crowder's order.

"Bill review cases like this are unsuited for class
adjudication," according to Mr. Arnold, who further argued, "As
courts across the country have repeatedly held, a carrier's
liability to a first party claimant or medical provider for
unpaid medical expenses under a property or casualty can be
tried only on a case by case basis, by examining the facts of
each class member's claim."

According to Mr. Arnold, Judge Crowder's trial plan would award
damages without proof of liability and would postpone liability
determination until after trial.  He argues "On this ground
alone, the certification order should be vacated."

Previously, it was reported that an Illinois Circuit Court
certified a class-action case against Safeco Insurance Company
of America and Safeco Insurance Company of Illinois (Class
Action Reporter, April 3, 2009).

The case covers medical providers and policyholders who accuse
the company of implementing a third-party biased computer
auditing program to reduce payouts under the medical payments
coverage of property and casualty insurance.

The case is pending in the Third Judicial Circuit, Madison
County, Illinois (Cause No. 05-L-152).  The Court certified the
following class:

All persons insured by Safeco property and casualty insurance
companies in the states of Arkansas, Colorado, Connecticut,
Illinois, Indiana, Iowa, Mississippi, New Hampshire, New Mexico,
Ohio, South Dakota, Texas, Wisconsin and West Virginia (and
their assignee medical providers), who:

       -- during the period from January 1, 1997 to the date of
          this Order, submitted one or more claims for payment
          of medical expenses pursuant to an automobile policy's
          medical payments coverage;

       -- had their claim(s) adjusted and reviewed by computer
          bill review software incorporating Ingenix "MDR
          modules;" and

       -- received or were tendered payment in an amount less
          than the submitted medical expenses due to charges
          purportedly exceeding the usual, customary or
          reasonable amount, based on the Ingenix "MDR modules."

Jonathan Piper, Attorney for LakinChapman, LLC, said, "This is
the first step to successfully litigating this case.  This
lawsuit challenges Safeco's targeting of medical providers, and
their legitimate billing practices, by utilizing a computer
program that unilaterally and improperly reduces bills to a pre-
determined arbitrary cap that Safeco selects."

LakinChapman, LLC regularly represents medical providers and
consumers in class action litigation.  "Unfortunately, Safeco
and other carriers in the industry use computer programs to cut
legitimate bills of medical providers which leads to substantial
financial losses for medical providers and out of pocket
expenses for Safeco's own policyholders.  In return, the
insurance company profits," said Brad Lakin, Managing Partner of
LakinChapman, LLC.

The firm is pursuing similar cases against other insurance
companies in the industry.  LakinChapman, LLC regularly
represents medical providers and consumers in class action
litigation.

For more details, contact:

          LakinChapman, LLC
          300 Evans Ave.
          P.O. Box 229
          Wood River, Illinois 62095
          Phone: 618-208-4240 or 866-839-2021
          Web site: http://www.lakinlaw.com/


UDR INC: Bad Biz Files Suit Over Residential Lease Agreement
------------------------------------------------------------
     Bad Biz Finder, a Fremont, California-based consumer
advocacy group founded in 1982, announced the initiation of a
Federal Class-Action Lawsuit against UDR, Inc.  A class-action
lawsuit is a civil action in which people who have been wronged
in a similar way unite and sue as a group.  In this case, the
group is UDR tenants in California from June, 2007 to the
present and the "wrong" is UDR's Residential Lease Agreement
(RLA) containing numerous violations of California law.  There
is no cost for you to participate in this action.

     Any clause in a California RLA that asks you to waive your
rights under the law and to agree to the contrary, is
unenforceable.  This is the driving force behind the lawsuit as
well as the fact that UDR has deliberately capitalized
monetarily on its tenants' ignorance of the law.  (California
Code of Civil Procedure section 1670.5(a) and California Civil
Code section 1953.)

     Although this action is based on California law, it must be
brought as a federal action because (1) The amount in
controversy exceeds $5,000,000; and (2) all members of the class
to be certified are citizens of a state different from the
Defendant, UDR, that is based in Colorado and is incorporated in
Maryland.

     Erin Baldwin, a current UDR tenant, brought these issues to
the forefront through her group and blog, Tenant Advocates of
Orange County and she will be the primary advocate for this
action.  Our groups are now working as one to compel UDR to
reimburse past and present tenants for monetary damages suffered
from UDR's intentional and malicious violation of California
law.  These are the preliminary causes of action:

* UDR CHARGES "EARLY LEASE TERMINATION LIQUIDATED DAMAGES" IN
VIOLATION OF CALIFORNIA LAW

     California Civil Code section 1671 states that liquidated
damages clauses in California residential lease agreements are
illegal.

     However, UDR requires that its tenants not only waive their
legal right under this law but also requires them to agree to
pay a liquidated damages penalty fee equal to 2-1/4 times their
base rent for terminating their lease prior to the end of the
lease period, regardless of the month in which they terminate.
In essence, UDR's objective is to convince its tenants that it
will take at least 68 days (2-1/4 months) to re-rent the vacant
apartment as well as all associated marketing charges to
advertise the vacancy.

     In 1978, liquidated damages clauses were deemed illegal
because landlords were distorting the true legal purpose or
these clauses: "To set a flat fee when it's impossible to
determine the monetary harm that could result from a breach of
the contract."  This doesn't apply to UDR.  They know (within a
slim margin) how long it's going to take to fill a vacant
apartment as they use these statistics everyday to project sales
and calculate expenses.

     In order for UDR to maintain its average 95% occupancy
rate, it must fill a vacancy within 18 days.  Therefore, 50 of
the 68 days they're charging tenants for an early move-out
penalty results in UDR collecting double rent on that unit a
violation of the law.  If it actually took UDR 68 days to fill a
vacant apartment, that time frame would be three times longer
than the industry standard and they could not compete in the
already crowded and historically highly-competitive marketplace;
particualrly in light of the overwhelming number of foreclosures
in California forcing consumers into the rental market.

     Also, California law states that liquidated damages may not
be used as a penalty, or fee provision as follows: "Where a
liquidated damages clause is seen as a penalty rather than an
effort to agree upon a reasonable amount of estimated damages,
the clause will not be enforceable

* UDR CHARGES LATE FEES THAT ARE OVERSTATED CONTRARY TO
CALIFORNIA RECENT CASE LAW

     As a result of a precedent-setting case, Orozco v. Casimiro
[(2004) 121 Cal.App.4th Supp. 7], California deemed "late fees"
within rental agreement to also be illegal liquidated damages.
Landlords CAN collect late fees; California law just mandates
the manner in which the fee is to be calculated.  California
Civil Code section 3302 states that the late fee amount cannot
exceed the standard interest rate of 10% of the base rent
(noncompounded) or 1/3650th of the base rent.

     For example, if a base rent is $1,700, the daily interest
would be $.47 per day (3650 divided by 1700) with a maximum late
fee charge of $14.10 for any given 30-day period.  UDR charges a
flat fee of $50.00 which, according to California law, is
grossly exorbitant and as such, UDR tenants are entitled to a
refund of the difference.

* UDR INTENTIONALLY CONTRACTS WITH TENANTS USING FALSE NAMES TO
OBTAIN & SUSTAIN A LEGAL ADVANTAGE OVER ITS TENANTS RESULTING IN
SIGNIFICANTLY DIMINISHED TENANT-BASED LITIGATION

     UDR fails to properly identify the legal name of "Landlord/
Owner" in its California RLAs, rendering the RLA invalid.

     For example, the legal name of one of its apartment
complexes, Villa Venetia, is "UDR Villa Venetia Apartments,
L.P."  However, UDR's RLA for that property identifies the
Landlord/Owner in the contract as "Villa Venetia This name is
not only incorrect, it's not even a valid legal entity. R ather,
it's an expired fictitious business name that belonged
exclusively to Vista Del Lago, LLC, the former owner of Villa
Venetia.  According to the Orange County Recorder's office, the
name expired on August 20, 2006 and UDR has knowingly and
fraudulently used it to contract with tenants since the date it
purchased the property in 2004.

     A similar set of facts applies to all California UDR
properties and we believe it is a conscious attempt by UDR to
prevent tenants from seeking their Constitutional right to file
a grievance in a court of competent jurisdiction.

     In addition, UDR fails to state the name, address and
telephone number of the Agent for Service of Process on the face
of its RLAs as required by California Civil Code section 1962.
This further prevents tenants from locating the proper person or
company to whom a tenant-based complaint would be served due to
the fact that UDR is an out-of-state (Maryland) corporation with
it corporate headquaters in Colorado.

* UDR ILLEGALLY PROFITS FROM ITS RATIO UTILITY BILLING SYSTEM
(RUBS) IN VIOLATION OF THE CALIFORNIA PUBLIC UTILITIES
COMMISSION'S (CPUC) REGULATION PROHIBITING A NON-UTILITY FROM
"SELLING" ENERGY OR WATER

     UDR defers the cost of utilities for common areas, vacant
units during repair and cleaning, leasing offices, swimming
pools, property lighting, and laundry facilities to its tenants
via it Ratio Utility Billing System (RUBS).  UDR does not have a
logistical need to do so as there are numerous residential
energy meters at each property.

     In its California RLA, UDR sets forth a "RUBS" calculation
that is incomprehensible, vague, uncertain and unintelligible
because all variable within the forumula are outside the control
or knowledge of its tenants.  UDR requires that its tenants
agree that the following formula is fair and equitable:

     "Total monthly utility cost for the community (minus an
allowance for common area use if applicable [which is not
applicable in the present case]) divided by the number of
persons residing at the community times the number of persons
residing in the Premises using the applicable ratio multiplier
[1 person = 1; 2 persons = 1.6; 3 persons = 2.2; 4 persons =
2.6; 5 persons = 3; each additional person, add..4 to the
multiplier."

     In addition, UDR sustains another double revenue stream by
not only charging its tenants to source the energy and water
being supplied to the onsite public laundry rooms but by also
charging them to use the coin-operated machines.

* UDR ILLEGALLY DEFERS INJURY LIABILITY VIA ITS "HOLD HARMLESS"
CLAUSES IN VIOLATION OF CALIFORNIA LAW AND FAILS TO MAINTAIN
HABITABLE PREMISES

     UDR's California RLA contains several "hold harmless"
clauses creating a perception of justifiable negligence in its
failure to maintain habitable premises including, but not
limited to, vector control, water quality, construction defects,
and tenant and guest safety standards for security, unit and
vehicle intrusion, sexual offenders, theft, and violence.

     According to California Civil Code section 1668: "All
contracts which have for their object (directly or indirectly)
an attempt to exempt anyone from responsibility for his or her
own fraud, willful injury to the person or property of another,
and/or a violation of law (whether willful or negligent) are
against the policy of law

* UDR WITHHOLDS SECURITY DEPOSIT SUMS VIA ILLEGAL FEES AND
PENALTIES WHICH MUST BE PROPERLY DEFINED AS LANDLORD'S OPERATING
COSTS AND RESPONSIBILITIES

     UDR's California RLA Paragraph 37, "Resident's Other
Liabilities contains the following language: "In addition to all
other obligations of Resident and remedies of Landlord under
this Lease and the law, and to the fullest extent lawful,
Resident shall be liable to Landlord for charges including, but
not limited to those, for the following

     Then it lists sixteen (16) items that constitute fees and
penalties that may be deducted from a tenant's security deposit.
These items including such things as the leasing agent's time to
let a repairman into an apartment unit, replacing dead or
missing smoke detector batteries, reasonable administrative
charges for Landlord's time and inconvenience for eviction of
Resident, special trips for trash removal and so on.  These are
within the scope of UDR's operating costs, responsibilities as a
Landlord, and typical costs of doing business and cannot
constitute legal deductions from a tenant's security deposit.
(California Civil Code section 1950.5)

* UDR ILLEGALLY EVICTS ITS TENANTS

     Tenants that have been or are presently in the process of
being evicted under the terms and conditions of UDR's California
RLA have significant defenses against this eviction.  If the
terms and conditions of the RLA are deemed illegal under
California law, then UDR will have difficulty evicting a tenant
under those illegal terms and conditions. Fraud in its
intentional misrepresentation, concealment or omission of
material facts in the RLA renders the contract void ab initio
(or from the beginning).

Bad Biz Finder is a non-profit organization and will only accept
donations of time, office supplies, postage, printing and
marketing services. We don't accept cash donations and believe
the best donation is one of your time to aid us in furthering
our goal of creating a more equitable and fair environment for
all California tenants.


WAL-MART STORES: Faces Illinois Litigation Over Return Policy
-------------------------------------------------------------
Wal-Mart Stores, Inc. faces a purported class-action suit in
Madison County Circuit Court, alleging the store violated its
own policy when it did not refund him the total amount of money
he paid for one of its products, Kelly Holleran of The St. Clair
Record reports.

According to the lead class plaintiff John Whitwell, who is
represented by LakinChapman, LLC, Wal-Mart fails to refund
customers all of the sales tax they pay on a product if they
return the product to a Wal-Mart where the sales tax is less
than where they originally purchased the product, reports The
St. Clair Record.

Previously, it was reported that LakinChapman, LLC has filed a
class-action complaint (Cause No. 09-L-525) in the circuit court
of Madison County, Illinois against Wal-Mart Stores, Inc.
alleging that it has failed to live up to the terms of its
return policy (Class Action Reporter, May 28, 2009).

The Complaint alleges that while Wal-Mart promises to refund to
its customers what they paid for merchandise, it fails to do so
if the merchandise is returned to a Wal-Mart store location with
a lower applicable sales tax rate than where the merchandise was
originally purchased.

LakinChapman, LLC Managing Partner Brad Lakin, in denouncing
Wal-Mart's practices, said, "If a consumer buys merchandise at
the Collinsville Wal Mart and returns it to the Glen Carbon Wal
Mart he or she should get back exactly what they paid for the
merchandise.  What he or she receives should not depend on the
sales tax rate of the store where the merchandise is returned.
That's the promise Wal Mart has made to its customers and the
one it should keep.  We filed this class action to recover what
rightfully belongs to consumers and force Wal Mart to stop this
practice.  Other retailers keep their promise and return exactly
what was paid for merchandise no matter where it's returned.
Why shouldn't Wal Mart?"

For more details, contact:

          LakinChapman, LLC
          300 Evans Avenue
          P.O. Box 229
          Wood River, IL 62095-0229
          Phone: (618) 208-4240 or (866) 839-2021
          Fax: (618) 254-0193
          Web site: http://www.lakinlaw.com/


WAL-MART STORES: Minn. Judge Approves Wage, Hour Suit Settlement
----------------------------------------------------------------
Judge Robert King, Jr. of Dakota County District Court in
Minnesota gave final approval to a settlement of a class-action
wages-and-hours lawsuit against Wal-Mart Stores, Inc. that could
be worth up to $54.25 million, The Associated Press reports.

In a joint news release issued last week, Wal-Mart and the
plaintiffs' said that the settlement concludes seven years of
litigation over Wal-Mart's employment practices in Minnesota,
according to the AP report.

The Associated Press reports that Judge King ruled last summer
that Wal-Mart violated state labor laws 2 million times by
cutting worker break times and willfully not stopping managers
from having employees work off the clock.

About 100,000 current and former hourly workers for Wal-Mart,
Sam's Club, and their distribution centers in the state from
Sept. 11, 1998, until Nov. 14, 2008, are eligible for a share of
the settlement.  The deadline to apply is June 30, reports The
Associated Press.

For more details, contact:

          Minnesota Wal-Mart Settlement
          P.O. Box 5679
          Jacksonville, FL 32241-6798
          Phone: 1-888-697-8026.
          Web site: http://www.mnwalmartsettlement.com


WASHINGTON MUTUAL: Faces Lawsuit Over Home Equity Credit Lines
--------------------------------------------------------------
Washington Mutual Bank, Henderson, Navada and JP Morgan Chase
Bank, N. A. are facing a purported class-action lawsuit in
California alleging that it has been systematically reducing and
freezing customers' home equity credit lines, San Diego 6
reports.

The suit was filed on June 10, 2009 in the U.S. District Court
for the Southern District of California by Michell Kimball under
the caption, "Kimball v. Washington Mutual Bank, Henderson,
Navada et al., Case No. 3:09-cv-01261-BEN-NLS."

It alleges that the bank used flawed automated valuation models
to intentionally understate home values so it could create a
pretext for freezing its customers' line-of-credit accounts,
according to the San Diego 6 report.

Plaintiff also alleges that the banks are failing to live up to
their promises to use $700 billion in taxpayer funds to lend
money to cash-strapped home and business owners and are
squeezing consumers by freezing or reducing their home equity
lines of credit, reports San Diego 6.

Ms. Kimball said she first learned that Chase had frozen her
WAMU credit line when a check she had drawn on the account was
dishonored.  According to her, the action by the bank threatened
her home and the viability of her small business, San Diego 6
reported.

After Ms. Kimball's lawyers intervened, Chase restored her
credit line but did not reimburse her for her losses, according
to her court papers obtained by San Diego 6.

For more details, contact:

          Alan Himmelfarb, Esq. (consumerlaw1@earthlink.net)
          KamberEdelson LLC
          2757 Leonis Blvd.
          Los Angeles, CA 90058
          Phone: 323-585-8696
          Fax: 323-585-8198


WISCONSIN: DOT Secretary, DMV Head Faces DPPA Violations Lawsuit
----------------------------------------------------------------
Wisconsin Department of Transportation Secretary Frank
Busalacchi and Lynn Judd, administrator of the state Division of
Motor Vehicles are facing a purported class-action lawsuit
alleging that the department illegally sold drivers' personal
information to firms that made it available for sale on the
Internet, Ed Treleven of The Wisconsin State Journal reports.

The suit was filed on June 3, 2009 in the U.S. District Court
for the Western District of Wisconsin by Margaret M. Kraege, of
Madison; Kelly C. Tomko, of Rio; and Stephanie A. Tomko, of
Windsor.  The plaintiffs are seeking class action certification
for their lawsuit, entitled, "Kraege et al v. Busalacchi et al.,
Case No. 3:2009-cv-00352."

The Wisconsin State Journal reported that in general, the suit
alleges that Mr. Busalacchi, Ms. Judd and up to 10 other unknown
persons violated the federal Driver's Privacy Protection Act
(DPPA) by selling personal information of tens of thousands of
licensed Wisconsin drivers to Shadowsoft, a Texas corporation
specializing in public records database distribution.
Shadowsoft in turn sold it to PublicData, which made the
information available for search and sale on its Web site, the
lawsuit alleges.

The federal act, which took effect in 2000, restricts access to
driver records to protect the privacy of individuals, reports
The Wisconsin State Journal.

The lawsuit also seeks to include as plaintiffs anyone licensed
to drive in Wisconsin from June 4, 2004 and forward whose
personal information was disclosed to Shadowsoft or PublicData,
according to The Wisconsin State Journal report.

For more details, contact:

          Jordan C. Loeb, Esq. (loeb@cwpb.com)
          Cullen Weston Pines & Bach LLP
          122 W. Washington Ave
          Suite 900
          Madison, WI 53703
          Phone: 608-251-0101
          Fax: 608-251-2883


ZUMIEZ INC: "Johnson" Suit Over Unpaid Wages Pending in Calif.
--------------------------------------------------------------
Zumiez, Inc. faces a putative class-action complaint styled,
"Evan Johnson v. Zumiez, Inc., et al., Case No. RG08374968,"
pending in Alameda County Superior Court.

On March 5, 2008, a former employee commenced the action against
the company in California state court alleging that the company
failed to pay all overtime wages owing to him and other
employees in California, failed to provide meal breaks as
required by California law, failed to provide employees with
proper itemized wage statements (pay stubs) as required by
California law, and failed to pay terminated employees waiting
time penalties under California Labor Code section 203.

Plaintiff then filed a first amended complaint, which added an
additional claim that employees under age 18 worked more hours
than permitted by the Labor Code; the first amended complaint
also seeks to recover penalties under the Private Attorney
General Act for alleged violation of various Labor Code
sections.

The suit was filed as a putative class action, but no motion
requesting certification of the case as a class action has been
filed.

The company has filed an answer to the first amended complaint
and discovery is being conducted.  No trial date has been set,
according to the company's May 29, 2009 Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter
ended May 2, 2009.

Zumiez, Inc. -- http://www.zumiez.com-- is a specialty retailer
of action sports related apparel, footwear, equipment and
accessories. Its stores cater to young men and women between
ages 12-24, focusing on skateboarding, surfing, snowboarding,
motocross and BMX.  As of April 4, 2009, it operates 350 stores,
which are primarily located in shopping malls.


ZUMIEZ INC: Stock Purchasers' Suit in Wash. Dismissed Last March
----------------------------------------------------------------
A putative class-action complaint against Zumiez, Inc. in the
U.S. District Court for the Western District of Washington was
dismissed in March 2009, according to the company's May 29, 2009
Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended May 2, 2009.

On Dec. 10, 2007, a putative class-action complaint was filed in
the U.S. District Court for the Western District of Washington
against the company and certain of its current and former
directors and officers.

The action was purported to be brought on behalf of a class of
purchasers of the company's stock during the period March 14,
2007 to Jan. 4, 2008 and alleged that the defendants violated
the federal securities laws during this period of time by, among
other things, having made materially false or misleading
statements and that the defendants engaged in insider trading.

The defendants moved to dismiss all claims in October 2008.

On March 30, 2009, the U.S. District Court for the Western
District of Washington issued its ruling without oral argument,
dismissing the case with prejudice.

Zumiez, Inc. -- http://www.zumiez.com-- is a specialty retailer
of action sports related apparel, footwear, equipment and
accessories. Its stores cater to young men and women between
ages 12-24, focusing on skateboarding, surfing, snowboarding,
motocross and BMX.  As of April 4, 2009, it operates 350 stores,
which are primarily located in shopping malls.


ZUMIEZ INC: Store Managers' Lawsuit Over Unpaid Wages Pending
-------------------------------------------------------------
The putative class-action, "Chandra Berg v. Zumiez Inc.," is at
its early stages, according to the company's May 29, 2009 Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended May 2, 2009.

The action was filed against the company in the Los Angeles
Superior Court under case number BC408410 on Feb. 25, 2009.

The action alleges causes of action for failure to pay overtime
wages to present and former store managers in California,
failure to provide meal periods and rest breaks to store
managers, failure to reimburse retail employees for clothing
required by the Company's dress code, failure to reimburse
retail employees for business expenses, failure to provide store
managers with accurate itemized wage statements, failure to pay
terminated store managers all wages due at the time of
termination, unfair business practices and declaratory relief.

The company has filed an answer to the Complaint and discovery
is being conducted.  No motion requesting certification of the
case as a class action has been filed, and no trial date has
been set.

Zumiez, Inc. -- http://www.zumiez.com-- is a specialty retailer
of action sports related apparel, footwear, equipment and
accessories. Its stores cater to young men and women between
ages 12-24, focusing on skateboarding, surfing, snowboarding,
motocross and BMX.  As of April 4, 2009, it operates 350 stores,
which are primarily located in shopping malls.


                   New Securities Fraud Cases

LIZ CLAIBORNE: Glancy Binkow Files Securities Fraud Suit in N.Y.
----------------------------------------------------------------
     Glancy Binkow & Goldberg LLP filed a class action lawsuit
in the United States District Court for the Southern District of
New York on behalf of a class consisting of all persons or
entities who purchased or otherwise acquired the securities of
Liz Claiborne, Inc. (NYSE: LIZ), between February 28, 2007 and
April 30, 2007, inclusive.

     The Complaint charges Liz Claiborne, Inc. and certain of
the Company's current and former executive officers with
violations of federal securities laws.

     Liz Claiborne is engaged primarily in the design and
marketing of a broad range of apparel, accessories and
fragrances.

     The Complaint alleges that throughout the Class Period
defendants knew or recklessly disregarded that their public
statements concerning Liz Claiborne's business, operations and
prospects were materially false and misleading.

     Specifically, the Complaint alleges that defendants' public
statements were false and misleading or failed to disclose or
indicate, among other things, the following:

       -- that the Company's wholesalers were significantly
          reducing orders;

       -- that, specifically, Macy's, Liz Claiborne's largest
          customer, slashed orders in response to Liz
          Claiborne's decision to partner with JCPenney and
          launch the Liz & Co. and CONCEPTS by Claiborne brands
          at JCPenney;

       -- that this fact had been known to the Company and
          management as early as November 22, 2006; and

       -- as a result of the foregoing, that the statements made
          by the Company and management lacked a reasonable
          basis.

     On May 1, 2007, Liz Claiborne shocked the market when the
Company reported an approximately 65 percent drop in earnings,
forecasted an unexpected decline in annual profit, and disclosed
massive cutbacks in orders from Macy's.  Moreover, the Company
revealed that Macy's reduced orders were a reaction to the new
Liz & Co. and CONCEPTS by Claiborne brands launched at JCPenney.
On this news, shares of Liz Claiborne declined $7.72 per share,
more than 17%, to close on May 1, 2007 at $37.00 per share, on
unusually heavy trading volume.

     Plaintiff seeks to recover damages on behalf of class
members.

     A request for lead plaintiff status must satisfy certain
criteria and be made on or before June 29, 2009.

For more details, contact:

          Michael Goldberg, Esq.
          Richard A. Maniskas, Esq.
          Glancy Binkow & Goldberg LLP
          Los Angeles, CA
          Phone: (310) 201-9150 or (888) 773-9224
          e-mail: info@glancylaw.com
          Web site: http://www.glancylaw.com


RAYMOND JAMES: Faruqi & Faruqi Announces Securities Suit Filing
---------------------------------------------------------------
     Faruqi & Faruqi, LLP announces that a class action lawsuit
was commenced in the United States District Court for the
Southern District of New York on behalf of all purchasers of the
common stock of Raymond James Financial, Inc. (NYSE: RJF)
between April 22, 2008 and April 14, 2009, inclusive.

     RJF and certain of its officers and directors are charged
with issuing a series of materially false and misleading
statements in violation of Section 10(b) and 20(a) of the
Exchange Act and Rule 10b-5 promulgated thereunder.

     Specifically, the Complaint alleges that defendants
repeatedly touted its supposedly conservative management
practices and avoidance of risky assets associated with subprime
residential mortgages.  Defendants, however, failed to disclose
that RJF understated the credits risks of its wholly-owned
subsidiary's commercial and residential loan portfolios, and
failed to set aside adequate reserves for the losses that RJF
knew, or recklessly disregarded, were forthcoming.  On April 14,
2009, RJF shocked investors when it announced that results for
the second fiscal quarter ended March 31, 2009, would be well
below the consensus analysts' estimates.  RJF also announced
that both its commercial and residential portfolios would
require higher loss reserves, with the loan loss provision
tripling from the previous quarter.  In response to such an
unexpected sharp increase in loan loss provisions, investors
sent RJF shares plummeting.  RJF closed down $2.57 per share, or
13.48%, to close at $16.49 per share on April 15, 2009 on
unusually high volume.  Over the next few days, RJF's stock
price traded as low as under $15 per share, well below its Class
Period highs of over $38 per share.

     Plaintiff seeks to recover damages on behalf of himself and
all other individual and institutional investors who purchased
or otherwise acquired RJF common stock between April 22, 2008
and April 14, 2009, excluding defendants and their affiliates.

     A request for lead plaintiff status must satisfy certain
criteria and be made on or before Aug. 10, 2009.

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


RAYMOND JAMES: Shalov Stone Files Securities Fraud Suit in N.Y.
---------------------------------------------------------------
     Shalov Stone Bonner & Rocco LLP announces that a class
action lawsuit has been filed on behalf of purchasers of the
common stock of Raymond James Financial, Inc. (NYSE: RJF)
between April 22, 2008, and April 14, 2009.  The lawsuit is
pending in the United States District Court for the Southern
District of New York against Raymond James; Thomas A. James, the
Chairman and Chief Executive Officer of Raymond James; and
Jeffrey P. Julien, the Company's chief financial officer.

     The complaint alleges that, throughout the Class Period,
the defendants violated the federal securities laws by
misrepresenting and failing to disclose material adverse facts
that were known to the defendants or recklessly disregarded by
them.  More specifically, the complaint alleges, among other
things, that the defendants publicized the Company's purportedly
conservative management practices and mortgage portfolios, when,
in reality, there were significant credit risks associated with
the residential and commercial loan portfolios of one of its
largest wholly-owned subsidiaries.

For more details, contact:

          Thomas G. Ciarlone, Jr., Esq. (tciarlone@lawssb.com)
          Shalov Stone Bonner & Rocco LLP
          485 Seventh Avenue, Suite 1000
          New York, New York 10018
          Phone: (212) 239-4340
          Fax: (212) 239-4310


                        Asbestos Alerts

ASBESTOS LITIGATION: 650 Stearns Lawsuits Ongoing v. RBS Global
----------------------------------------------------------------
RBS Global, Inc. is party to 650 lawsuits with about 5,400
claimants over alleged personal injuries due to asbestos in
certain brakes and clutches previously made by its Stearns
division and its predecessor owners.

Invensys plc and FMC, prior owners of the Stearns business, have
paid 100 percent of the costs to date related to the Stearns
lawsuits, according to the Company's annual report filed with
the Securities and Exchange Commission on May 29, 2009.

About 700 asbestos-related lawsuits (with about 6,950 claimants)
were pending over alleged personal injuries due asbestos
allegedly found in certain brakes and clutches previously made
by Stearns division and its predecessor owners. (Class Action
Reporter, Feb. 13, 2009)

Based in Milwaukee, RBS Global, Inc. is a global multi-platform
industrial company. Its business is comprised of two strategic
platforms: (i) Power Transmission and (ii) Water Management.


ASBESTOS LITIGATION: Prager Still Facing 1 Case w/ 3,700 Claims
----------------------------------------------------------------
RBS Global, Inc.'s Prager subsidiary is still a defendant in a
pending multi-defendant lawsuit relating to alleged personal
injuries due to the alleged presence of asbestos in a product
allegedly manufactured by Prager.

There are about 3,700 claimants in this Prager lawsuit.

To date, the Company's insurance providers have paid 100 percent
of the costs related to the Prager asbestos claims. The Company
said it believes that the combination of its insurance coverage
and the Invensys plc indemnity obligations will cover any future
costs of this suit.

Based in Milwaukee, RBS Global, Inc. is a global multi-platform
industrial company. Its business is comprised of two strategic
platforms: (i) Power Transmission and (ii) Water Management.


ASBESTOS LITIGATION: Falk Facing 170 Lawsuits w/ 1,380 Claimants
----------------------------------------------------------------
RBS Global, Inc.'s Falk unit, through its successor entity,
faces 170 lawsuits pending in state or federal court in numerous
jurisdictions relating to alleged personal injuries due to the
alleged presence of asbestos in certain clutches and drives
previously manufactured by Falk.

There are about 1,380 claimants in these suits, according to the
Company's annual report filed with the Securities and Exchange
Commission on May 29, 2009.

Hamilton Sundstrand Corporation is defending the Company in
these lawsuits under its indemnity obligations and has paid 100
percent of the costs to date.

Based in Milwaukee, RBS Global, Inc. is a global multi-platform
industrial company. Its business is comprised of two strategic
platforms: (i) Power Transmission and (ii) Water Management.


ASBESTOS LITIGATION: Cases v. Zurn Ind. Drop to 5.8T at March 31
----------------------------------------------------------------
One of RBS Global Inc.'s Water Management's subsidiaries, Zurn
Industries, LLC, and 100 unrelated companies, as of March 31,
2009, faced about 5,800 asbestos lawsuits with about 39,500
claims.

Zurn and 115 unrelated companies, as of Dec. 27, 2008, faced
about 6,100 asbestos lawsuits with about 45,500 claims. (Class
Action Reporter, Feb. 13, 2009)

The suits allege damages in an aggregate amount of about US$15.7
billion against all defendants. Plaintiffs' claims allege
personal injuries caused by exposure to asbestos used primarily
in industrial boilers formerly manufactured by a segment of
Zurn. Zurn did not manufacture asbestos or asbestos components.
Instead, Zurn purchased them from suppliers.

These claims are being handled pursuant to a defense strategy
funded by insurers.

The Company currently estimates the potential liability for
asbestos-related claims pending against Zurn as well as the
claims expected to be filed in the next 10 years to be about
US$90 million as of March 31, 2009, compared with US$134 million
as of March 31, 2008.

Of the above amounts, Zurn expects to pay about US$79 million as
of March 31, 2009 (US$116 million as of March 31, 2008, in the
next 10 years on those claims, with the balance of the estimated
liability being paid in subsequent years.

Based in Milwaukee, RBS Global, Inc. is a global multi-platform
industrial company. Its business is comprised of two strategic
platforms: (i) Power Transmission and (ii) Water Management.


ASBESTOS LITIGATION: RBS Global Has $276MM Insurance at March 31
----------------------------------------------------------------
RBS Global, Inc. says that its available insurance to cover its
potential asbestos liability as of March 31, 2009 is US$276
million, according to the Company's annual report filed with the
Securities and Exchange Commission on May 29, 2009.

However, principally as a result of the past insolvency of
certain of the Company's insurance carriers, certain coverage
gaps will exist if and after the Company's other carriers have
paid the first US$200 million of aggregate liabilities.

In order for the next US$51 million of insurance coverage from
solvent carriers to apply, management estimates that it would
need to satisfy US$14 million of asbestos claims.

Layered within the final US$25 million of the total US$276
million of coverage, management estimates that it would need to
satisfy an additional US$80 million of asbestos claims.

As of March 31, 2009, the Company recorded a receivable from its
insurance carriers of US$90.million, which corresponds to the
amount of its potential asbestos liability that is covered by
available insurance and is currently determined to be probable
of recovery. However, there is no assurance that US$276 million
of insurance coverage will ultimately be available or that Zurn
Industries, LLC's asbestos liabilities will not ultimately
exceed US$276 million.

Based in Milwaukee, RBS Global, Inc. is a global multi-platform
industrial company. Its business is comprised of two strategic
platforms: (i) Power Transmission and (ii) Water Management.


ASBESTOS LITIGATION: Crown Holdings Cites $3MM March 31 Payments
----------------------------------------------------------------
Crown Holdings, Inc. made asbestos-related payments of US$3
million during the three months ended March 31, 2008, compared
with US$4 million during the three months ended March 31, 2008,
according to a Company report, on Form 8-K, filed with the
Securities and Exchange Commission on May 11, 2009.

The Company made asbestos-related payments of US$25 million
during 2008, US$26 million during 2007, and US$26 million during
2006.

Based in Philadelphia, Crown Holdings, Inc. supplies packaging
products to consumer marketing companies around the world.


ASBESTOS LITIGATION: Central Has $2.7M ARO Liability at March 31
----------------------------------------------------------------
Southern Star Central Gas Pipeline, Inc., a Southern Star
Central Corp. subsidiary, at March 31, 2009, recorded a US$2.7
million asbestos-related asset retirement obligation (ARO)
liability.

Central's regulatory asset was US$2.5 million at March 31, 2009.

Central recorded an ARO for the remediation of asbestos existing
on its system. The asbestos existing on Central's system is
primarily in building materials and pipe coatings used prior to
the Clean Air Act of 1973 that established the National Emission
Standards for Hazardous Air Pollutants (NESHAP) that regulates
the use of asbestos.

The amount of the regulatory asset was US$2.5 million and the
related ARO liability was US$2.6 million.

Under its pending rate settlement under the Federal Energy
Regulatory Commission (FERC) docket RP08-350, Central is
recovering about US$300,000 annually in its rates related to
such costs.

Based in Owensboro, Ky., Southern Star Central Corp. is involved
in natural gas pipeline operations and development
opportunities. The Company owns the development rights for a
natural gas pipeline in the Rocky Mountain region, which could
be developed in the future.


ASBESTOS LITIGATION: Kaanapali, D/C Still Party to Injury Cases
----------------------------------------------------------------
Kaanapali Land, LLC, as successor by merger to other entities,
and D/C Distribution Corporation, a Company unit, are still
named as defendants in personal injury actions allegedly based
on exposure to asbestos.

While there are a few cases that name the Company, there are a
substantial number of cases that are pending against D/C on the
United States mainland (primarily in California).

Cases against the Company are allegedly based on its prior
business operations in Hawaii and cases against D/C are
allegedly based on D/C's prior distribution business operations
primarily in California.

On Feb. 15, 2005, D/C was served with a lawsuit entitled
American & Foreign Insurance Company v. D/C Distribution and
Amfac Corporation, Case No. 04433669 filed in the Superior Court
of the State of California for the County of San Francisco,
Central Justice Center. No other purported party was served.

In the eight-count complaint for declaratory relief,
reimbursement and recoupment of unspecified amounts, costs and
for such other relief as the court might grant, plaintiff
alleged that it is an insurance company to whom D/C tendered for
defense and indemnity various personal injury lawsuits allegedly
based on exposure to asbestos containing products.

Plaintiff alleged that because none of the parties have been
able to produce a copy of the policy or policies in question, a
judicial determination of the material terms of the missing
policy or policies is needed.

Plaintiff sought a declaration: of the material terms, rights,
and obligations of the parties under the terms of the policy or
policies; that the policies were exhausted; that plaintiff was
not obligated to reimburse D/C for its attorneys' fees in that
the amounts of attorneys' fees incurred by D/C have been
incurred unreasonably; that plaintiff was entitled to recoupment
and reimbursement of some or all of the amounts it has paid for
defense and/or indemnity; and that D/C breached its obligation
of cooperation with plaintiff.

D/C filed an answer and an amended cross-claim.

In order to fund that action and its other ongoing obligations
while that lawsuit continued, D/C entered into a Loan Agreement
and Security Agreement with the Company, in August 2006, whereby
the Company provided certain advances against a promissory note
delivered by D/C in return for a security interest in any D/C
insurance policy at issue in this lawsuit. In June 2007, the
parties settled this lawsuit with payment by plaintiffs in the
amount of US$1,618,000.

Because D/C was substantially without assets and was unable to
obtain additional sources of capital to satisfy its liabilities,
it filed with the U.S. Bankruptcy Court, Northern District of
Illinois, its voluntary petition for liquidation under Chapter 7
of Title 11, U.S. Bankruptcy Code during July 2007, Case No. 07-
12776.

The deadline for filing proofs of claim against D/C with the
bankruptcy court passed in October 2008. Prior to the deadline,
the Company filed claims that aggregated about US$26.8 million,
relating to both secured and unsecured intercompany debts owed
by D/C to the Company. In addition, a personal injury law firm
based in San Francisco that represents clients with asbestos-
related claims, filed proofs of claim on behalf of about 700
claimants.

Based in Chicago, Kaanapali Land, LLC's operations are in two
business segments: Agriculture and Property. The Agriculture
segment grows seed corn and soybeans under contract and leases
or provides harvesting rights to a third party on certain lands
cultivated in or used for the processing of coffee. The Property
segment develops land for sale and negotiates bulk sales of
undeveloped land.


ASBESTOS LITIGATION: Colonial Comm'l. Has 27 Claims at March 31
----------------------------------------------------------------
Colonial Commercial Corporation says that, as of March 31, 2009,
there exist 27 plaintiffs in lawsuits relating to alleged sales
of asbestos products, or products containing asbestos, by Hilco,
Inc.

Subsequent to March 31, 2009, three plaintiffs have had their
actions dismissed, which resulted in 24 remaining plaintiffs in
these lawsuits. The Company never sold any asbestos related
products.

Universal Supply Group, Inc. is a wholly owned subsidiary of the
Company. On June 25, 1999, Universal acquired substantially all
of the assets of Universal Supply Group, Inc., including its
name, under the terms of a purchase agreement.

Subsequent to the sale, Universal Supply Group, Inc. (the
selling corporation) formerly known as Universal Engineering
Co., Inc., changed its name to Hilco, Inc.

Hilco acquired the assets of Amber Supply Co., Inc., formerly
known as Amber Oil Burner Supply Co., Inc., in 1998, prior to
Hilco's sale of assets to Universal. Hilco is hereinafter
referred to as the "Universal Predecessor."

The Company understands that the Universal Predecessor and many
other companies have been sued in the Superior Court of New
Jersey (Middlesex County) by plaintiffs filing lawsuits alleging
injury due to asbestos.

Of the existing plaintiffs as of March 31, 2009, 15 filed
actions in 2007, five filed actions in 2006, three filed actions
in 2005, three filed actions in 2004, and one filed an action in
2003. There are 183 other plaintiffs that have had their actions
dismissed and 13 other plaintiffs that have settled as of March
31, 2009 for a total of US$3,358,500. There has been no judgment
against the Universal Predecessor.

In the past, the Company's Universal subsidiary was named by 36
plaintiffs. Of these, 11 filed actions in 2007, six filed
actions in 2006, 11 filed actions in 2005, five filed actions in
2001, one filed an action in 2000, and two filed actions in
1999.

Eighteen plaintiffs naming Universal have had their actions
dismissed and, of the total US$3,358,500 of settled actions, two
plaintiffs naming Universal have settled for US$26,500. No money
was paid by Universal in connection with any settlement.

Following these dismissed and settled actions there exists 16
plaintiffs that name Universal, as of March 31, 2009.

Based in Hawthorne, N.J., Colonial Commercial Corp. distributes
heating, ventilating and air conditioning equipment (HVAC),
parts and accessories, climate control systems, appliances, and
plumbing and electrical fixtures and supplies in New Jersey, New
York, Massachusetts, Pennsylvania, Connecticut and Vermont.


ASBESTOS LITIGATION: RAL Supply Still Faces 1 Action at March 31
----------------------------------------------------------------
Colonial Commercial Corp.'s subsidiary, The RAL Supply Group,
Inc., is party to one asbestos-related lawsuit as of March 31,
2009, according to the Company's quarterly report filed with the
Securities and Exchange Commission on May 13, 2009.

RAL was formerly known as RAL Purchasing Corp. On Sept. 30,
2003, RAL acquired substantially all of the assets of The RAL
Supply Group, Inc., formerly known as The LAR Acquisition Corp.,
also a New York corporation, including its name, under the terms
of a purchase agreement.

Subsequent to the sale, The RAL Supply Group, Inc. (the selling
corporation) changed its name to RSG, Inc. RSG, Inc. is
hereinafter referred to as the "RAL Predecessor."

The RAL Predecessor acquired certain assets from Dyson-Kissner-
Moran Corporation (RSG Predecessor) in 1993, prior to the RAL
Predecessor's sale of assets to RAL.

The RAL subsidiary and other companies have been sued in the
Supreme Court of New York (Orange County) by a plaintiff filing
a lawsuit on or about July 30, 2008 alleging injury due to
asbestos.

The lawsuit alleges injury due to asbestos during the 1970s,
prior to RAL Predecessors acquisition of assets from the RSG
Predecessor and RALs acquisition of assets from the RAL
Predecessor. The Company never sold any asbestos related
products.

The RAL Predecessor agreed in the RAL APA to indemnify and hold
harmless the RAL subsidiary from and against damages that relate
to products sold or manufactured or services performed or other
actions taken or omitted by the RAL Predecessor prior to the
closing of the acquisition.

Based in Hawthorne, N.J., Colonial Commercial Corp. distributes
heating, ventilating and air conditioning equipment (HVAC),
parts and accessories, climate control systems, appliances, and
plumbing and electrical fixtures and supplies in New Jersey, New
York, Massachusetts, Pennsylvania, Connecticut and Vermont.


ASBESTOS LITIGATION: Everest Re Has $768.8M Reserves at March 31
----------------------------------------------------------------
Everest Re Group, Ltd.'s gross reserves for asbestos and
environmental claims were US$768.8 million during the three
months ended March 31, 2009, compared with US$901 million during
the three months ended March 31, 2008.

The Company's gross reserves for A&E losses were US$786.9
million during the year ended Dec. 31, 2008, compared with
US$922.8 million during the year ended Dec. 31, 2007. (Class
Action Reporter, March 27, 2009)

The Company's net reserves for A&E claims were US$731.9 million
during the three months ended March 31, 2009, compared with
US$843.2 million during the three months ended March 31, 2008.

The Company's net reserves for A&E losses were US$749.1 million
during the year ended Dec. 31, 2008, compared with US$827.4
million during the year ended Dec. 31, 2007. (Class Action
Reporter, March 27, 2009)

At March 31, 2009, the gross reserves for A&E losses were
comprised of US$153 million representing case reserves reported
by ceding companies, US$151.2 million representing additional
case reserves established by the Company on assumed reinsurance
claims, US$127.3 million representing case reserves established
by the Company on direct excess insurance claims, including Mt.
McKinley, and US$337.3 million representing IBNR (incurred but
not reported) reserves.

With respect to asbestos only, at March 31, 2009, the Company
had gross asbestos loss reserves of US$718.7 million, or 93.5
percent, of total A&E reserves, of which US$524.4 million was
for assumed business and US$194.3 million was for direct
business.

The Company's net three year asbestos survival ratio was 2.7
years for direct business and 11.6 years for reinsurance
business at March 31, 2009.

Based in Hamilton, Bermuda, Everest Re Group, Ltd. Everest Re
Group, Ltd. offers specialized underwriting in several areas,
including property & casualty, marine, aviation, and surety, as
well as medical malpractice, directors and officers liability,
and professional errors and omissions liability.


ASBESTOS LITIGATION: ABI Records $13.56M Liabilities at March 31
----------------------------------------------------------------
American Biltrite Inc.'s long-term asbestos-related liabilities
were US$13,563,000 as of March 31, 2009, the same as for the
period ended Dec. 31, 2008, according to the Company's quarterly
report filed with the Securities and Exchange Commission on May
15, 2009.

The Company's long-term insurance for asbestos-related
liabilities were US$13,509,000 as of March 31, 2009, the same as
for the period ended Dec. 31, 2008.

Based in Wellesley Hills, Mass., American Biltrite Inc.'s tape
division makes adhesive-coated, pressure-sensitive tapes and
films used to protect materials during handling and storage. The
Company's Congoleum unit, which makes resilient sheet and tile
flooring, filed for Chapter 11 bankruptcy protection amid
asbestos-related suits.


ASBESTOS LITIGATION: American Biltrite Has 1,281 Pending Claims
----------------------------------------------------------------
American Biltrite Inc. is a co-defendant with many other
manufacturers and distributors of asbestos containing products
in 1,281 pending claims involving 1,836 individuals as of March
31, 2009, according to the Company's quarterly report filed with
the Securities and Exchange Commission on May 15, 2009.

The Company was a co-defendant with many other manufacturers and
distributors of asbestos containing products in 1,269 pending
claims involving 1,824 individuals as of Dec. 31, 2008. (Class
Action Reporter, April 17, 2009)

The claimants allege personal injury or death from exposure to
asbestos or asbestos-containing products.

During the three months ended March 31, 2009, the Company noted
50 new claims, one settlement, and 37 dismissals. During the
year ended Dec. 31, 2008, the Company noted 356 new claims, 13
settlements, 434 dismissals, and 1,269 ending claims.

The total indemnity costs incurred to settle claims were
US$300,000 during the three months ended March 31, 2009 and
US$900,000 during the year ended Dec. 31, 2008, all of which
were paid by the Company's insurance carriers, as were the
related defense costs.

The Company has has first-layer excess umbrella policies with
several insurers, which include coverage for the Company's
asbestos related liabilities (Umbrella Coverage).

In addition to coverage available under the Umbrella Coverage,
the Company has additional excess liability insurance policies
that should provide further coverage if and when limits of
certain policies within the Umbrella Coverage exhaust.

The estimated range of liability for settlement of current
claims pending and claims anticipated to be filed through 2014
was US$13.6 million to US$44 million as of Dec. 31, 2008.

The Company said it believes no amount within this range is more
likely than any other, and accordingly has recorded a liability
of US$13.6 million in its financial statements which represents
a probable and reasonably estimable amount for the future
liability at the present time.

The Company also said it believes that based on this liability
estimate, the corresponding amount of insurance probable of
recovery is US$13.5 million at Dec. 31, 2008, which has been
included in other assets.

Based in Wellesley Hills, Mass., American Biltrite Inc.'s tape
division makes adhesive-coated, pressure-sensitive tapes and
films used to protect materials during handling and storage. The
Company's Congoleum unit, which makes resilient sheet and tile
flooring, filed for Chapter 11 bankruptcy protection amid
asbestos-related suits.


ASBESTOS LITIGATION: PDG Cites $83.7M March 31 Contract Revenues
----------------------------------------------------------------
PDG Environmental says that contract revenues decreased by
US$13.4 million (13.8 percent) to US$83.7 million during the
year ended Jan. 31, 2009, compared with US$97.1 million during
the year ended March 31, 2008.

The decrease was due to lower sales volumes as a result of lower
capital spending by the Company's customer base driven by
difficult economic conditions.

Specifically, the Company had a reduction of about US$9.8
million in revenues generated from asbestos abatement projects
and about US$3.4 million for non-asbestos projects during Fiscal
2009, as compared to Fiscal 2008.

In addition, claim adjustments of US$2.3 million caused revenues
to be lower in Fiscal 2009 versus Fiscal 2008. The claim
adjustments were for contracts completed in prior years.

Based in Pittsburgh, PDG Environmental, Inc. provides
environmental and specialty contracting services including
asbestos and lead abatement, microbial remediation, emergency
response, loss mitigation and reconstruction, demolition and
related services throughout the United States.


ASBESTOS LITIGATION: Congoleum Cites $48.75MM March 31 Liability
----------------------------------------------------------------
Congoleum Corporation's current asbestos-related liabilities
were US$48,759,000 at March 31, 2009, compared with
US$50,022,000 million at Dec. 31, 2008, according to the
Company's quarterly report filed with the Securities and
Exchange Commission on May 15, 2009.

Current asbestos reserves were US$19,048,000 at March 31, 2009,
compared with US$20,340,000 at Dec. 31, 2008. Net asbestos
liability was US$17,726,000 at March 31, 2009, compared with
US$14,254,000 at Dec. 31, 2008.

On Dec. 31, 2003, the Company filed a voluntary petition with
the Bankruptcy Court (Case No. 03-51524) seeking relief under
Chapter 11 of the Bankruptcy Code as a means to resolve claims
asserted against it related to the use of asbestos in its
products decades ago.

Based in Mercerville, N.J., Congoleum Corporation manufactures
resilient flooring, serving both residential and commercial
markets. Its sheet, tile and plank products are available in
various designs and colors, and are used in remodeling,
manufactured housing, new construction and commercial
applications.


ASBESTOS LITIGATION: Sears Holdings Subject to Exposure Actions
----------------------------------------------------------------
Sears Holdings Corporation continues to be subject to legal
proceedings, which include asbestos exposure allegations.

These claims may seek compensatory, punitive or treble damage
claims (potentially in large amounts) or as well as other types
of relief.

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

Based in Hoffman Estates, Ill., Sears Holdings Corporation is a
broadline retailer with 2,297 full-line and 1,233 specialty
retail stores in the United States operating through Kmart and
Sears and 388 full-line and specialty retail stores in Canada
operating through Sears Canada Inc., a 73 percent-owned unit.


ASBESTOS LITIGATION: Injury Actions Still Ongoing v. Joy Global
----------------------------------------------------------------
Joy Global Inc. and its subsidiaries are still party to various
unresolved legal matters that arise in the normal course of
operations, the most prevalent of which relate to product
liability (including asbestos-related and silicosis liability),
employment and commercial matters.

No other asbestos-related matters were disclosed in the
Company's quarterly report filed with the Securities and
Exchange Commission on June 4, 2009.

Based in Milwaukee, Joy Global Inc. manufactures and services
high-productivity mining equipment for the extraction of coal
and other minerals and ores. The Company's equipment is used in
mining regions throughout the world to mine coal, copper, iron
ore, oil sands and other minerals.


ASBESTOS LITIGATION: Columbus McKinnon Liability Still at $8.8MM
----------------------------------------------------------------
Columbus McKinnon Corporation's estimation of its asbestos-
related aggregate liability is about US$8.8 million, which has
been reflected as a liability in the consolidated financial
statements as of March 31, 2009.

The Company has estimated its asbestos-related aggregate
liability through March 31, 2027 and March 31, 2039 to range
between US$5.5 million and US$15.5 million.

Of the US$8.8 million, management expects to incur asbestos
liability payments of about US$400,000 over the next 12 months.

The Company's estimation of its asbestos-related aggregate
liability was about US$8.8 million, which had been reflected as
a liability in the consolidated financial statements as of Dec.
28, 2008. (Class Action Reporter, Feb. 13, 2009)

Based in Amherst, N.Y., Columbus McKinnon Corporation
manufactures and markets hoists, cranes, actuators, chain,
forged attachments, lift tables and other material handling
products. The Company serves commercial and industrial end-user
markets.


ASBESTOS LITIGATION: Appeals Withdrawn in D'Ulisse Case in N.Y.
----------------------------------------------------------------
The Supreme Court, Appellate Division, First Department, New
York, withdrew asbestos-related appeals in the Alfred D'Ulisse
asbestos litigation.

The case, which is part of In re New York City Asbestos
Litigation, was styled Alfred D'Ulisse, et al., Plaintiffs-
Respondents v. Amchem Products, Inc., et al., Defendants,
DaimlerChrysler Corporation, Defendant-Appellant.

Judges Friedman, Sweeny, McGuire, and Renwick entered judgment
in the case on April 2, 2009.

A May 13, 2008 appeal from an order of the Supreme Court, New
York County, and appeals from orders of the same court (entered
on May 22, 2006; July 10, 2007; and May 12, 2008) were
unanimously withdrawn in accordance with the terms of the
stipulation of the parties.


ASBESTOS LITIGATION: Veterans Court Issues Split Rulings in Fox
----------------------------------------------------------------
The U.S. Court of Appeals for Veterans Claims issued split
rulings in a case involving asbestos styled Leo Fox, Appellant
v. Eric K. Shinseki, Secretary of Veterans Affairs, Appellee.

Judge William P. Greene Jr. entered judgment in Case No. 07-1228
on March 30, 2009.

Veteran Leo Fox appealed two May 7, 2007 decisions of the Board
of Veterans' Appeals that denied service connection for an
acquired psychiatric disorder, including post-traumatic stress
disorder (PTSD), a heart disorder, diabetes mellitus, chronic
obstructive pulmonary disease (COPD), hypertension, and
asbestosis.

Mr. Fox argued that the Secretary failed to assist him by (1)
not providing him with an adequate medical examination or
opinion regarding his psychiatric disorder claim and (2) not
obtaining relevant records from a private physician that Mr. Fox
maintained treated him for hypertension shortly after service.

Mr. Fox also asserted that the Board failed to provide an
adequate statement of reasons or bases for its decisions
regarding his psychiatric disorder claim, asbestosis claim, and
hypertension claim.

Because Mr. Fox raised no arguments regarding the denial of
service connection for a heart disorder, diabetes mellitus, or
COPD those matters were deemed abandoned.

Those portions of the May 7, 2007 Board decisions that denied
Mr. Fox's claims for a psychiatric condition to include PTSD and
hypertension were vacated and those matters were remanded to the
Board for further adjudication. The remainder of those decisions
was affirmed.


ASBESTOS LITIGATION: Appeals Withdrawn in Harris Action in N.Y.
----------------------------------------------------------------
The Supreme Court, Appellate Division, First Department, New
York, withdrew an appeal dated Jan. 24, 2008 in the case, which
is part of In re New York City Asbestos Litigation, styled
Shannon Harris, Plaintiff-Appellant v. Amchem Products, Inc., et
al., Defendants, American Airlines, Inc., Defendant-Respondent.

Judges Gonzalez, Tom, Sweeny, Catterson, and Renwick entered
judgment in the case on March 31, 2009.

The appeal was withdrawn in accordance with the terms of the
stipulation of the parties.


ASBESTOS LITIGATION: Calif. Court OKs Rulings in Taylor Actions
----------------------------------------------------------------
The Court of Appeal, First District, Division 5, California,
affirmed rulings in favor of various manufacturers in asbestos
cases styled Vickie L. Taylor, Plaintiff and Appellant v.
Elliott Turbomachinery Co., Inc., Defendant and Respondent and
Vickie L. Taylor, Plaintiff and Appellant v. Crane Company et
al., Defendants and Respondents.

Judges Dondero, Mark B. Simons, and Henry E. Needham, Jr.
entered judgment in Case Nos. A116816, A117648 on Feb. 25, 2009.

Reginald Taylor, a former U.S. Navy member, who had worked on
aircraft carrier, and his wife Vickie L. Taylor sued
manufacturers of pieces of equipment used in carrier's
propulsion system, some of which included asbestos-containing
parts manufactured by third parties.

The suit alleged that manufacturers breached their duty to warn
Mr. Taylor of risks inherent in the asbestos-containing
materials supplied by other manufacturers. Manufacturers filed
motion for summary judgment.

The Superior Court, City & County of San Francisco, granted the
motion. Mr. Taylor died and Mrs. Taylor filed notices of appeal
on her own behalf and as Mr. Taylor's successor-in-interest.

The court ruled that manufacturers were not strictly liable on a
failure to warn theory, and manufacturers were not liable under
a negligence theory. The trial court's ruling was affirmed.

Respondents in this appeal were Crane Company, Elliott
Turbomachinery Company, Inc., IMO Industries, Inc., Ingersoll-
Rand Company, and Leslie Controls, Inc. IMO was sued both
individually and as successor-in-interest to DeLaval Turbine,
Inc. and Warren Pumps, Inc.

Waters & Kraus LLP (Paul C. Cook, Esq., Michael B. Gurien, Esq.)
in El Segundo, Calif., represented Mrs. Taylor.


ASBESTOS LITIGATION: Appeal Court OKs Ruling in U.S. Fire Action
----------------------------------------------------------------
The Court of Appeal, First District, Division 4, California,
affirmed the Superior Court, City and County of San Francisco's
ruling in the case styled United States Fire Insurance Company,
Plaintiff and Respondent v. Sheppard, Mullin, Richter & Hampton,
Defendant and Appellant.

Judges Ignazio J. Ruvolo, Timothy A. Reardon, and Maria P.
Rivera entered judgment in Case No. A120912 on March 12, 2009.
Rehearing was denied on March 26, 2009.

Respondent United States Fire Insurance Company (U.S. Fire) sued
to enjoin appellant Sheppard, Mullin, Richter & Hampton, LLP
from representing an informal committee of asbestos creditors,
together with that committee's law firms, in a pending action to
which U.S. Fire is a party, entitled Plant Insulation Company v.
Fireman's Fund Insurance Company.

U.S. Fire claimed that Sheppard Mullin had a disqualifying
conflict of interest arising out of Sheppard Mullin's former
representation of U.S. Fire in the matter of Kelly-Moore Paint
Company, Inc. v. Liberty Mutual Insurance Co. et al.

Sheppard Mullin filed a special motion to strike the complaint
(a so-called anti-SLAPP motion), contending that its legal
representation in the Plant Litigation was protected activity,
and U.S. Fire cannot show a probability that it would succeed on
the merits of its claim.

The trial court concluded that this action interfered with
Sheppard Mullin's right to petition, and thus, was protected
activity under the anti-SLAPP law.

However, the trial court went on to conclude that U.S. Fire
satisfied its burden to show a probability of success as to the
merits of its claim, and therefore denied the anti-SLAPP motion.

The Appeals Court disagreed with the trial court's conclusion
that U.S. Fire's complaint arose out of protected activity, and
so affirmed the ruling denying the motion, but on other grounds.

The order denying Sheppard Mullin's special motion to strike was
affirmed. Costs on appeal were awarded to U.S. Fire.

Sheppard, Mullin, Richter & Hampton (D. Ronald Ryland, Esq.,
Robert J. Stumpf, Jr., Esq.) of San Francisco and Timothy C.
Perry, Esq., represented Appellant.

Musick, Peeler & Garrett (Susan J. Field, Esq., Lawrence A.
Tabb, Esq., and Stephen M. Green, Esq.) of Los Angeles,
represented Respondent.


ASBESTOS LITIGATION: Slone Action v. 37 Firms Filed in St. Clair
----------------------------------------------------------------
Clinus and Teresa Slone, an Ohio couple, filed an asbestos
lawsuit against 37 defendant corporations in St. Clair County
Circuit Court, Ill., on May 27, 2009, The Madison St. Clair
Record reports.

The Slones say that Mr. Slone found that he had lung cancer on
May 14, 2009. They will be represented by Randy L. Gori, Esq.,
and Barry Julian, Esq., of Gori, Julian and Associates in Alton,
Ill.

According to the suit (Case No. 09-L-278), Mr. Slone worked as a
laborer, welder and painter from 1976 until 1992.

The Slones say Mr. Slone's exposure to asbestos was completely
foreseeable and should have been anticipated by the defending
companies.

The suit says that the defending companies failed to provide
warnings about the dangers of asbestos, failed to provide
adequate instructions about the safe use of asbestos and failed
to conduct tests on the asbestos, the suit states.

In the 10-count suit, the Slones seek a judgment in excess of
US$200,000 and compensatory damages in excess of US$100,000,
plus costs the court deems just.

In addition, the Slones are asking the court to award them
punitive damages in an amount sufficient to punish Sprinkmann
Insulation Inc, Sprinkmann Sons Corporation, Sprinkmann Sons
Corp. of Illinois, Young Insulation Group of St. Louis and other
similarly situated parties for their misconduct.


ASBESTOS LITIGATION: 4 Workers' FELA Action Filed May 29 in Ill.
----------------------------------------------------------------
Four former railroad workers (Gerald Abbott, Thomas Wright,
Ronald Franklin, and Carl Cory), on May 29, 2009, filed an
asbestos-related Federal Employers Liability Act (FELA) lawsuit
against five defendants corporations in St. Clair County Circuit
Court, Ill., The Madison St. Clair Record reports.

These defendants are: CSX Transportation Inc., Consolidated Rail
Corporation, American Premier Underwriters, The Alton and
Southern Railway Company, and Union Pacific Railroad Company.

The railroad workers allege they developed asbestosis and other
respiratory illness after they were exposed to asbestos and
second-hand cigarette smoke during their employment.

The plaintiffs say the companies violated FELA by failing to
provide them with a safe place to work, by failing to provide
them with adequate equipment, by exposing them to asbestos, by
failing to warn them of the hazards of asbestos and by
permitting unsafe work practices to become common.

The railroad corporations also violated the Locomotive Boiler
Inspection Act by failing to provide locomotives whose
appurtenances were in proper and safe conditions, by requiring
plaintiffs to work on locomotives that were defective because
they were contaminated with asbestos, silica, second-hand smoke,
and emitted dangerous amounts of diesel exhaust, the suit
states.

All of the men worked for the railroad in carman craft. Mr.
Abbott worked from 1941 until 1961; Mr. Wright from 1957 until
1959; Mr. Franklin from 1964 until 1984 and Mr. Cory from 1950
until 1963, the complaint says.

The men seek a judgment in excess of US$1.4 million, plus costs.

William P. Gavin, Esq., of the Gavin Law Firm in Belleville,
Ill., will be representing them in Case No. 09-L-284.


ASBESTOS LITIGATION: Selkirk Flue Settles Action w/ Devon Local
----------------------------------------------------------------
Graham Dancer, a 63-year-old worker from Barnstaple, Devon,
England, received an undisclosed asbestos compensation from
former employer Selkirk Flue Limited (now owned by Powrmatic
Limited), Devon24 reports.

The claim was settled out-of-court within 17 months. Mr. Dancer
received the damages after being diagnosed with mesothelioma,
caused by exposure to asbestos while working for Selkirk Flue,
where he worked from 1969 until 2007.

Mr. Dancer was exposed to asbestos on a daily basis in the early
years of his employment. He started work in the warehouse where
pipes insulated with asbestos were brought into the factory and
later moved to the production department where he applied
asbestos to pipes.

Mr. Dancer recalled, "There was so much asbestos dust that you
could see a thick layer of it on your tool box. You could also
see it floating in the air. My overalls and hair would be
covered in it."

Following his diagnosis, trade union member Mr. Dancer contacted
his union, UNITE, which instructed asbestos claims experts
Thompsons Solicitors to advise him about compensation.


ASBESTOS LITIGATION: Beacon Gets Report from Westmoreland Glass
----------------------------------------------------------------
Beacon Redevelopment Industrial Corporation received and
reviewed a 64-page report on asbestos at the Westmoreland Glass
Factory in Grapeville, Pa., according to a Beacon press release
dated June 9, 2009.

The report was prepared for the Company and Renaissance
Renovations & Development LLC.

Beacon Redevelopment is informed by agents of RR&D that their
next step will be to notify Pennsylvania One Call System, Inc.,
of certain aspects of the demolition. One Call notifies all
underground utilities and gas companies of the potential for
digging.

Pennsylvania law requires that One Call receive advanced mark-
out at least 10 days prior to digging. RR&D advises that they
are currently compiling the required data that Pennsylvania One
Call has requested to create a detailed ticket.

The prospective new management of Beacon Redevelopment has
requested these actions to be completed immediately to enable a
smooth transition.

RR&D agents recently posted additional no trespassing signs on
the site and secured the front gate to the facility. Beacon and
RR&D advise the public that no person is authorized to enter the
property without the express permission of the Company.


ASBESTOS LITIGATION: Koons Case v. 37 Companies Filed on June 3
----------------------------------------------------------------
Geri A. Koons, on behalf of Lewis Ayala, filed an asbestos
lawsuit against 37 defendant corporations in Jefferson County
District Court, Tex., on June 2, 2009, The Southeast Texas
Record reports.

These defendants include, A.O. Smith Corp., A.W. Chesterton Co.,
Afton Pumps Inc., Alcoa Inc., American Biltrite Inc., BNSF
Railway Company, Beazer East Inc., Bird Corporation, CBS
Corporation, Crane Co., Fairbanks Morse Pump Company, FMC
Corporation, General Electric Company, IMO Industries Inc, Tamko
Roofing Products, and Zurn Industries.

Ms. Koons, who claims Mr. Ayala died from mesothelioma in Sept.
9, 2008, is represented by Mark Lanier, Esq.

Mr. Ayala developed the disease during the course of his work in
shipyards, steel mills, refineries, paper mills and chemical
plants in the area, court papers say. Ms. Koons alleges the
defending companies failed to adequately warn Mr. Ayala of the
dangers of asbestos exposure.

Ms. Koons claims the companies also negligently failed to test
the products to determine hazards associated with them and
failed to remove their products from the market.

Ms. Koons seeks unspecified punitive and exemplary damages, plus
costs, pre- and post-judgment interest and other relief to which
she is entitled.

Case No. E184-193 has been assigned to Judge Donald Floyd, 172nd
District Court.


ASBESTOS LITIGATION: Marshall Town Issued $1,750 Fine on June 6
----------------------------------------------------------------
The North Carolina Department of Labor, on June 5, 2009, issued
a US$1,750 penalty to the Town of Marshall for exposing workers
to asbestos during the town hall's renovation, the News-Record &
Sentinel reports.

The citation came after an investigator with the N.C. Department
of Labor's Occupational Safety and Health Division inspected the
new town hall in April 2009, trying to determine if asbestos had
been improperly removed from the newly-remodeled building as it
was being renovated.

The inspection came after an architect, Katherine Bond, who
volunteered to give guidance on renovations for the new town
hall filed a complaint with OSHA, claiming the town may have
improperly removed asbestos.

In its report, the Department of Labor cited five specific
serious violations in the town hall renovations. It says:

-- The work was not regulated and that an exposure assessment
   was not conducted by a competent person;

-- That the town did not use engineering controls and work
   practices in accordance with law;

-- That workers were allowed to dry sweep or shovel asbestos;

-- That the asbestos work was not supervised appropriately;

-- That the town did not provide workers with respirators and
   did not require a respiratory protection program; and

-- That the town did not attempt to identify the presence,
   location and quantity of asbestos before beginning the work.

The town has 15 days to respond to the citations.

In North Carolina, the state requires asbestos-containing
materials to be removed prior to any activity that will disturb
the material.

Marshall Mayor Lawrence Ponder laid responsibility for the
renovation work on Alderman Luther Nix.

Mr. Ponder said, "We, the town, were told by Katherine Bond to
avoid this problem by putting down commercial carpet and not
ripping up the tile. But when Alderman Nix said we're not going
to do that, we figured he knew what he was doing. He was fully
responsible."


ASBESTOS LITIGATION: Appeal Court Upholds Ruling in Aurora Case
----------------------------------------------------------------
The Illinois Appellate Court upheld a county court's ruling,
which stated that Aurora Equipment Company cannot be held liable
for the asbestos-related deaths of people who did not actually
come to work for the business, the Mesothelioma & Asbestos
Awareness Center reports.

The suit originated after the family of Eva Nelson sued for
damages after Mrs. Nelson passed away from mesothelioma in 2004.
Mrs. Nelson never worked for Aurora, but her son and husband
were both employed by the Company for over a decade.

During the course of their work, the men painted, packaged and
sold steel manufactured items.

The suits alleged that the men both came into regular contact
with asbestos dust while at work. The suit goes on to state that
Mrs. Nelson contracted mesothelioma after being exposed to
asbestos fibers while doing laundry. The asbestos fibers were
transferred to her home from the Aurora Company site.

Plaintiffs' attorneys argue that Aurora Equipment created an
unreasonable risk of harm to their employees and those who came
into contact with their employees. They further argued that it
was Aurora's responsibility to prevent off-site injuries.

The court found that while Mrs.Nelson's mesothelioma could be
linked to the asbestos from Aurora, to find that the Company had
a duty to prevent off-site injuries could create an unlimited
pool of plaintiffs.

The court referenced a prior Supreme Court ruling that states
that the victim had to be on the property of the business or
have a relationship with the company.


ASBESTOS LITIGATION: Wagner's Family Gets $4.5M in Compensation
----------------------------------------------------------------
Robert Wagner's family, on June 3, 2009, was awarded US$4.5
million in damages regarding Mr. Wagner's death stemming from
workplace exposure to asbestos, the Mesothelioma & Asbestos
Awareness Center reports.

The Wagner family fought three major corporations in a Clay
County, Mo., court.

Mr. Wagner sued Bondex International Inc., of Ohio and Conwed
Corporation of Wilmington, Del. A third corporation was
dismissed from the suit in 2008 and was not involved in the
settlement.

The jury listened to testimony for the case for three weeks
before finding in favor of Mr. Wagner and his family.

Mr. Wagner's career included years of work installing tiles,
wood, and asbestos-containing materials in buildings around
Kansas City, including Kansas City International Airport. Most
of his exposure to asbestos occurred prior to the Occupational
Safety and Health Administration's (OSHA) regulation of the
substance at construction sites.

More than 30 years after he began to work with asbestos-
containing materials, Mr. Wagner succumbed to mesothelioma.


ASBESTOS LITIGATION: Asian Asbestos Conference Held April 26-28
----------------------------------------------------------------
The Asian Asbestos Conference was held in Hong Kong last April
26, 2009 to April 28, 2009, wherein speakers met to discuss the
effects of asbestos and asbestos-related diseases like lung
cancer and mesothelioma in Asia.

According to a new study in Japan, one in eight lung cancer
patients were previously exposed to asbestos particles before
developing the disease, the Mesothelioma & Asbestos Awareness
Center reports.

Lung cancer annually kills about 60,000 in Japan. The new study
indicates that if one of every eight lung cancer patients can
attribute their cancer to asbestos exposure, 7,500 of those lung
cancer deaths would be a direct result of asbestos.

The previous figures for 2007 showed that 660 people in Japan
could attribute their lung cancer to asbestos exposure.

This is significant, as asbestos-related lung cancer victims are
eligible for aid from the Japanese government. This new study
may cause thousands of Japanese citizens to apply for aid from
their government.

The presence of pleural plaques was used to link asbestos
exposure to lung cancer in the study. The study examined a total
of 471 patients from 2006 to 2007 throughout Japan.

The patients in the study ranged in age from 26 to 94. The
research team discovered pleural plaques in a total of 28
patients using chest x-rays. An additional 58 patients were
found to have pleural plaques through the use of high-resolution
computer tomography.


ASBESTOS LITIGATION: Economic Enviro Fined $2T for Safety Breach
----------------------------------------------------------------
Economic Enviro Techs Inc., which removed asbestos from the old
James R. Kirby American Legion post before it was demolished,
was fined US$2,000 by the Massachusetts Department of
Environmental Protection for not following proper procedure, the
Telegram & Gazette reports.

Based in Leominster, Mass., Economic Enviro was assessed the
fine after a November 2008 inspection by MassDEP.

According to the inspector, removal of asbestos-containing
insulation was done without properly sealing the work area, or
adequately wetting down asbestos waste materials.

Located at 239 Chestnut St., the building, a Victorian house
built in the late 1800s and turned over to the Legion in 1921,
was unoccupied and slated for demolition when the inspection was
done. The house was torn down in March 2009.

The 1.3-acre property is the site for the town's new senior
citizens center. After years of searching for a senior center
locale, and debate about the cost of the Legion property, the
town bought the land in May 2009 for US$475,000 from developer
Donald R. Dobeck of Fitchburg-based Construction Dynamics.

Mr. Dobeck bought it from the Legion in 2008, and was
responsible for hiring the asbestos removal subcontractor.

An environmental report on the property requested by town
officials was completed before the closing. The selectmen said
there were no environmental hazards like oil spills or
underground storage tanks, but asbestos was not mentioned.


ASBESTOS LITIGATION: Morse Suit v. Wyo. University Filed June 4
----------------------------------------------------------------
David D. Morse, on June 4, 2009, filed a lawsuit involving
asbestos against the University of Wyoming in Albany County
District Court, Wyo., the Laramie Boomerang reports.

Mr. Morse seeks reinstatement and damages from UW through a jury
trial stemming from allegations of discrimination and exposure
to hazardous materials, including asbestos, while on the job.

According to court documents, UW hired Mr. Morse on a full-time
basis on or about Aug. 18, 2008, as a preventive maintenance
technician, whose duties included cleaning and maintaining
various buildings and facilities at the UW.

On Oct. 31, 2008, Mr. Morse alleges that he was required by UW
to attend an asbestos awareness training session on campus.
After this training and "during the course and scope of his
maintenance duties (Morse) discovered materials in his work
areas that he suspected, and were later confirmed, to be
asbestos."

Exhibit Four in the filing is a Final Determination of
Compensability from the Wyoming Worker's Safety and Compensation
Division, dated April 28, 2009, which said Mr. Morse is eligible
for compensation.

It also states that exposure occurred on Jan. 27, 2009. Mr.
Morse was an employee of UW until March 6, 2009, when he
received a termination of employment letter, which listed the
cause for termination as "Poor performance, insubordination and
failure to follow instructions."

Prior to being terminated, Mr. Morse alleges that while he
notified his immediate supervisor, manager of preventive
maintenance Gail Hankin, of the asbestos, she would "neither
admit nor deny the presence of asbestos in (Morse's) work
areas."

Based upon the training he received and the behest of UW, Mr.
Morse requested protective equipment from Ms. Hankin. But
"(Morse) was required to work in the areas with suspected
asbestos without protective equipment."

On Nov. 6, 2008, Mr. Morse alleges that he spoke with Wyoming
OSHA (Occupational Safety and Health Administration) Compliance
Officer Christian Graham regarding asbestos that he had come
into contact with while working at UW. Mr. Morse then filed a
complaint.

After filing his complaint with OSHA, Mr. Morse alleges that he
was assigned "additional maintenance duties as well as
additional facilities to maintain."

On March 4, 2009, Mr. Morse alleges he filed a complaint with
Wyoming OSHA, alleging discrimination. A copy of this complaint
was contained in court documents.

In seeking resolution of the allegations, Mr. Morse requests
reinstatement of his job with UW, payment of back wages,
reestablishment of employee benefits and an award of interests,
costs and attorney fees.

No date has been set for a trial and UW must respond within 30
days of the complaint's filing date.


ASBESTOS LITIGATION: Inquest Rules on Gloucester Worker's Death
----------------------------------------------------------------
An inquest heard that the death of James Howell, who had worked
at the Gloucester Wagon Works, was linked to exposure to
asbestos, thisisgloucestershire.co.uk reports.

The 74-year-old Mr. Howell contracted mesothelioma and died at
his home in Grasmere Road, Longlevens, Gloucester, England, on
June 29, 2008.

Mr. Howell's daughter, Trudy Green, his said in a statement that
her father had been diagnosed with the disease in April 2006 and
had been given a year to live. He made a claim, which was
settled in November 2007, and got a substantial amount of money,
she said.

Mr. Howell left school at 15 in 1948 and joined the Gloucester
Railway Company and Wagon Company Ltd, which subsequently became
Wiban Winget Ltd. He trained as a welder, the inquest heard, and
the majority of the work was carried out in the carriages.

Between 1951 and 1953, Mr. Howell did his National Service, and
then continued at the carriage works.

A fiber assay at post-mortem revealed a reading of 636,084
mineral fibers per gram of dry lung, described as a highly-
significant result in terms of asbestos contamination of the
lungs.

Recording an industrial disease verdict, Gloucestershire coroner
Alan Crickmore said he was satisfied Mr. Howell had been exposed
on a daily basis to asbestos.


ASBESTOS LITIGATION: Milestone May Face Fines Over SUNY Cleanup
----------------------------------------------------------------
According to New York State Department of Labor spokeswoman,
construction firm Milestone Environmental could face fines over
asbestos removal violations at the State University of New York
in New Paltz, N.Y., the Times Herald-Record reports.

Renovation work at a SUNY New Paltz dorm has been shut down by
the state because of the violations. The shut-down was ordered
after a Labor Department inspector making a routine visit found
the Morganville, N.J.-based Milestone was improperly removing
asbestos from the basement and first floor of Bouton Hall.

College spokesman Erik Gullickson said the college, which was
not cited for the violation, had been notified and has made sure
that no staff or students were allowed inside the building,
which was closed during the renovations.

The spokeswoman said the conditions identified by the inspector
would have to be assessed by a consultant and remediated before
the renovation could continue.


ASBESTOS LITIGATION: Workers' Board Flips Ruling in Ciafone Case
----------------------------------------------------------------
A New York Workers' Compensation Board panel reversed a finding
that machinist John Ciafone's work-related exposure to asbestos
at Consolidated Edison, Inc., did not contribute to his
developing throat cancer, Mesothelioma reports.

Mr. Ciafone had worked for ConEd for more than 20 years and
experienced significant exposure to asbestos dust. He was later
diagnosed with asbestosis and asbestos-related pleural
insufficiency, and eventually died as a result.

Mr. Ciafone's widow, Isabel, filed a claim for workers
compensation benefits, but was refused because her Mr. Ciafone's
workplace physician said that there was no causal link between
asbestos exposure and the type of throat (esophageal) cancer the
husband died from, based on the best evidence in the medical
literature he (the doctor) was familiar with.

In a consulting physician's opinion, however, the link between
asbestos exposure and esophageal cancer was fairly clear cut,
and in his opinion asbestos exposure had contributed to Mr.
Ciafone's cancer and subsequent death.


ASBESTOS LITIGATION: Claimants Want Official Panel in GM Action
----------------------------------------------------------------
Claimants in an asbestos case against General Motors Corporation
request that an official committee be created to address issues
included in the Company's bankruptcy, Mesothelioma News reports.

The claimants have expressed concerns that a plan to for the
auto manufacturer's sale leaves them out of negotiations.

Attorneys for individuals suing the Company over asbestos
related injuries are quoted in the report as stating in a filing
in a U.S. Bankruptcy Court, "Due process concerns limit the
court's ability to enter an order affecting the rights of
unknown future claimants absent appointment of a legal
representative to protect their interests

"They cannot be bound by a reorganization of which they are
unaware and in which they do not participate."

The attorneys are further quoted as stating, "The magnitude of
General Motors' projected ongoing asbestos liability has been a
matter of public knowledge and should have been addressed by
both General Motors and the Auto Task Force in their
restructuring activities."


ASBESTOS LITIGATION: NSLC to Investigate 45 Stores for Asbestos
----------------------------------------------------------------
The Nova Scotia Liquor Corporation will check for the presence
of asbestos at 45 of its stores from Arichat, Nova Scotia, to
Yarmouth, Nova Scotia, The Chronicle Herald reports.

The Company will hire a contractor to search plaster, flooring,
ceiling tiles and insulation for asbestos.

NSLC spokesman Rick Perkins said a plumber at the store in
Oxford recently discovered asbestos in the insulation wrapping a
pipe, and the store had to be shut down while the work was being
done. Mr. Perkins added that the discovery prompted the
corporation to see if any of its other stores contained the
product.

Most of the outlets targeted for the search and subsequent
containment of asbestos operate out buildings constructed before
1980, Mr. Perkins said.

The NSLC operates more than 100 stores in Nova Scotia, but owns
23 of them. So if asbestos is discovered in those rented by the
corporation, disposal or other measures to be taken would be the
responsibility of the landlord, Mr. Perkins said.

Three stores - Kentville, Forest Hills and Bridge Plaza, both in
Dartmouth - are targeted for renovations this year, said Mr.
Perkins.

Joan Jessome, who heads the Nova Scotia Government Employees
Union that represents workers at the NSLC outlets, welcomed the
move. She believes the province should be checking for asbestos
in all of its buildings, some of which are quite old.

Mr. Perkins said the NSLC will come up with a plan for disposal,
removal or encapsulation, once it has an idea of how much, if
any, asbestos is found at its outlets. It is expected that the
majority of the product will be found in insulation wrapping
pipes, he said.


ASBESTOS LITIGATION: Cleanup at Bristol Township Schools Delayed
----------------------------------------------------------------
The five-year plan to remove asbestos-containing tiles from the
floors of all Bristol Township schools will be delayed,
phillyBurbs.com reports.

On June 9, 2009, the Bristol Township school board hired Abate
Tech, Inc. at a cost of US$145,000 to remove the tiles from
Clara Barton Elementary School.

However, the board held off from hiring a firm to do the
asbestos abatement at Maple Shade Elementary School, the other
district school that had been scheduled to have the work done in
the summer of 2009.

The board rejected the bids for the Maple Shade work because of
discrepancies in the square footage listed in the proposal,
officials said. In addition, school officials said there are
concerns that district maintenance personnel would not have
enough time in the summer to retile both of the schools.

The five-year project is designed to remove the asbestos-
containing tiles from nine Bristol Township elementary schools
and Franklin Delano Roosevelt Middle School.

District officials said the abatement work at Maple Shade will
be rescheduled for the summer of 2010.


ASBESTOS LITIGATION: 4 Aussie Embassies in Asia Contain Hazards
----------------------------------------------------------------
It was reported that four of Australia's embassies in Asia are
contaminated with asbestos and Australia has been forced to find
the funds that were needed to make changes to key diplomatic
postings in Bangkok and Singapore, Mesothelioma reports.

The presence of asbestos has also forced Australia's Ambassador
to the Netherlands to temporarily relocate while asbestos was
removed from her official residence.

All of this is costing the Australian government money it does
not have. A recently released government economic report
revealed that Australia's Foreign Service has insufficient funds
to deal with its asbestos problem abroad.

Most government officials see little hope that a soon to be
revealed spending plan will replace past multimillion dollar
cuts in the budget for the Department of Foreign Affairs and
Trade.

Australia's Prime Minister Kevin Rudd has repeatedly said that
more money is needed for asbestos abatement in its $1.6 billion
worth of embassies, though, a realistic plan for obtaining
additional asbestos cleanup funding has yet to be revealed.

The asbestos problems at the embassies are expected to grow, and
they began in 2008 when asbestos investigations revealed small
quantities of asbestos in the High Commissioner's residence in
Kuala Lumpur. Larger amounts of asbestos were later discovered
in the embassies in Cambodia, Thailand, and Singapore.

Further investigations into the presence of asbestos in
Australia's total of 91 diplomatic mission buildings are
scheduled for the coming year. The cost of asbestos abatement in
the Singapore and Bangkok embassies alone is expected to be
about $2 million.

A recent study conducted by the Lowy Institute for International
Policy revealed that Australia has suffered a 25 percent drop in
diplomatic personnel postings since 1996, and that the country
trails far behind other Western nations when it comes to
diplomatic expenditures.


ASBESTOS LITIGATION: Navistar Still Subject to Exposure Lawsuits
----------------------------------------------------------------
Navistar International Corporation continues to be subject to
asbestos-related claims, according to the Company's quarterly
report filed with the Securities and Exchange Commission on June
9, 2009.

In general, these claims relate to illnesses alleged to have
resulted from asbestos exposure from component parts found in
older vehicles, although some cases relate to the alleged
presence of asbestos in the Company's facilities.

In these claims, the Company is not the sole defendant, and the
claims name as defendants numerous manufacturers and suppliers
of various products allegedly containing asbestos.

Based in Warrenville, Ill., Navistar International Corporation
is a holding company whose principal operating subsidiaries are
Navistar, Inc. and Navistar Financial Corporation. The Company
operates in four principal industry segments: Truck, Engine,
Parts, and Financial Services.


ASBESTOS LITIGATION: Kubota Made Relief Payments to 178 Parties
----------------------------------------------------------------
Kubota Corporation has established "Relief Payment System for
the Asbestos-Related Patients and the Family Members of the
Deceased near the Former Kanzaki Plant" on April 17, 2006 and
paid the relief payments to 178 parties up to March 31, 2009.

The Company paid the relief payments to 152 parties up to March
31, 2008. (Class Action Reporter, July 11, 2008)

The Company also paid contributions to Hyogo College of Medicine
and Osaka Medical Center for Cancer and Cardiovascular Diseases
for the purpose of medical treatment and research of asbestos-
related diseases, which was allocated for the fiscal year ended
March 31, 2009.

Based in Osaka, Japan, Kubota Corporation (Kabushiki Kaisha
Kubota) makes farm equipment, pipes for water supply and sewage
systems, environmental control plants, and industrial castings.
The Company also provides credit services, which finance sales
of equipment by dealers, for the purpose of enhancing sales of
equipment to individual customers.


ASBESTOS LITIGATION: J. C. Penney Has $39MM Liabilities at May 2
----------------------------------------------------------------
J. C. Penney Company, Inc.'s best estimated for asbestos and
environmental liabilities was US$39 million as of May 2, 2009,
according to the Company's quarterly report filed with the
Securities and Exchange Commission on June 10, 2009.

As of May 2, 2009, the Company estimated its total potential
environmental liabilities to range from US$34 million to US$46
million.

This estimate covered potential liabilities primarily related to
underground storage tanks, remediation of environmental
conditions involving the Company's former Eckerd drugstore
locations and asbestos removal in connection with approved plans
to renovate or dispose of its facilities.

The Company continues to assess required remediation and the
adequacy of environmental reserves as new information becomes
available and known conditions are further delineated.

Based in Plano, Tex., J. C. Penney Company, Inc. is a holding
company whose principal operating subsidiary is J. C. Penney
Corporation, Inc. The Company sells merchandise and services to
consumers through its department stores and Direct
(Internet/catalog) channels.


ASBESTOS LITIGATION: Insurers Urged to Donate GBP14M From Payout
----------------------------------------------------------------
Insurers, on June 9, 2009, were urged to donate a "GBP14 million
windfall" from asbestos compensation payouts on research into
asbestos-related diseases, the Daily Mirror reports.

In the past decade, insurers have saved payout sums where
asbestos victims had already got compensation from the United
Kingdom Government.

In October 2008, the Government changed the rules and began
reclaiming these lump-sum payouts back from insurers when
victims go on to make successful claims. However, the insurance
industry was allowed to keep the money it had already saved -
estimated by legal experts to be around GBP14 million over 10
years.

On June 9, 2009, protestors outside the Association of British
Insurers called on the insurance industry to use some of that
money to try to find a cure for - or at least alleviate the
suffering of - future victims of the asbestos time bomb.

A spokesman for the Association of British Insurers said that
the industry did not make a windfall as it took into account
Government payouts "when setting its premiums."

Four insurance giants announced a court fight to overturn the
Scottish Parliament's decision to reinstate compensation for
sufferers of asbestos-linked pleural plaques.

These four firms, which together make up more than half the
employee liability insurance market, have reported strong
accounts over the last 12 months:

-- Aviva plc (f/k/a Norwich Union) announced operating profits
of GBP2.3 billion, up four percent in 2008, and will give GBP875
million in dividends to shareholders in 2009.

-- AXA made GBP1.2 billion profits in 2008 and gave GBP835
million in dividends to shareholders.

-- Royal Sun Alliance made pre-tax profits of GBP759 million in
2008 and handed shareholders GBP250 million in dividends.

-- Zurich made GBP3.5 billion profits in 2008, earning GBP913
million to shareholders.


ASBESTOS LITIGATION: Asbestos Removed From Horse Cave, Ky., Site
----------------------------------------------------------------
Asbestos has been removed from the former Independent Tobacco
Warehouse demolition site in Horse Cave, Ky., Mesothelioma.com
reports.

The results have been confirmed by the Energy and Environment
Cabinet's Department for Environmental Protection. The site was
found to be contaminated with asbestos back in October 2008. The
contamination occurred when debris from the roof, which
contained asbestos, was ground up to be used as mulch.

When this news was made public, community members grew concerned
that the asbestos-laden dust from the grinding process could
have been washed into the surrounding area. In response to
public concerns, the agency continued to test the area to see if
asbestos became airborne as the area was raked.

Four tests around the perimeter of the area confirmed that
asbestos was not present. The analysis was conducted with a
transmission electron microscope.

John Lyons, director of the Division of Air Quality, said, "I
would like to commend local and state emergency responders, as
well as Division of Air Quality staff, for dealing quickly and
thoroughly with the asbestos contamination at the Independent
Tobacco Warehouse site,"


ASBESTOS LITIGATION: Cleanup at Leeds International Pool Ongoing
----------------------------------------------------------------
Workers in specialist gear are removing asbestos from the Leeds
International Pool in Leeds, England, in preparation for the
demolition of the derelict building, the Yorkshire Evening Post
reports.

No demolition date has been set.

A Leeds City Council spokeswoman said, "The removal of asbestos
work will take approximately four months to complete. It is slow
and specialized work which is carried out in line with health
and safety regulations.

"Whilst the pool building was open we carried out a regular
program of asbestos monitoring to ensure that it was sealed and
safe."

A team of over 40 from Leeds City Council and Leeds-based
Demolition Services Ltd were gutting the interior. A site
workman said there had been water damage to the carpets, desks
and fixtures left inside the building when it was closed in
October 2007.

Since shutting down in October 2007, Leeds International Pool
has been vandalized with windows broken and graffiti-scrawled
walls.


ASBESTOS LITIGATION: ATSDR Says Ill. Asbestos "Non-Threatening"
----------------------------------------------------------------
The Agency for Toxic Substances and Disease Registry (ATSDR)
deems that asbestos found at the Adeline Geo-Karis Illinois
Beach State Park is non-threatening, Mesothelioma Cancer News
reports.

Mark Johnson with ATSDR is quoted in a report as stating, "We
believe the potential exposure to asbestos is minimal," and that
airborne asbestos fibers found in samples has "the greatest
concern for causing cancer" with repeated exposure over an
extended period of time.

Paul Kakuris, President of the Illinois Dunesland Preservation
Society, is quoted as stating in disagreement of the assessment,
"There's a lot of room for criticism about the way they took
samples (and), the bottom line is that it gives very skewed
results." Mr. Kakuris is further stated to have expressed the
view that the areas' beaches should be closed.

As noted in the report, the ATSDR is an agency of the U.S.
Department of Health and Human Services.


ASBESTOS LITIGATION: UCATT's Report Uncovers Risks in U.K. Homes
----------------------------------------------------------------
The Union of Construction, Allied Trades and Technicians'
(UCATT's) new academic report uncovered huge deficiencies in the
rules covering the management of asbestos in people's homes,
UCATT News and Events reports.

The report "As Safe as Houses?" by Dr Linda Waldman and Heather
Williams was scheduled to be launched at a meeting in Parliament
2, 2009.

Alan Ritchie, General Secretary of UCATT, said, "Everyone has a
right to feel safe in their own homes. This excellent new report
details how thousands of householders' health is being put at
risk because they do not know that asbestos is present in their
home."

The report examines how asbestos is managed and removed in
social housing but also uncovers major flaws in legislation
concerning properties containing asbestos in the private sector.

The report reveals that there are major differences in how
individual local authorities and registered social landlords
(RSLs) notify tenants about whether properties contain asbestos
and the likely risk of exposure.

The report reveals that there is no legal requirement to
disclose the presence of asbestos when selling a private
property. The report recommends that mandatory asbestos
surveying should be introduced before all private housing sales.

The report also recommends that extra measures are needed to
ensure that construction and maintenance workers are aware of
where asbestos can be found, the difficulty in identifying it
and potential warning signs, and what to do if its discovered.

The report calls for all power tools to carry warnings to remind
workers of the potential dangers of asbestos. Increased asbestos
training, awareness and guidance should be given to all local
authority staff and resident association representatives. The
content of apprenticeship training courses for construction
workers should be revised to contain modules on asbestos risks
and protection procedures.

Each year, over 2,000 people in Britain die from mesothelioma.
The United Kingdom has the highest rate of mesothelioma death in
the world and death rates are not expected to peak for another
decade.


ASBESTOS LITIGATION: BSU to Raise Awareness on Industry Hazards
---------------------------------------------------------------
Charles Faulkner, Principal Consultant at WSP Environment and
Energy said that Build Safe UAE (BSU) formed an asbestos group
to raise awareness in the construction industry about the
existing legislations and the hazards of asbestos, Emirates
Business 24/7 reports.

Mr. Faulkner is also the asbestos group's leader.

The group's initial focus will explain the impact of asbestos
regulations upon construction stakeholders in Dubai. It consists
of 15 members from firms such as WSP Environment & Energy,
Nakheel, Bovis Lendlease, Arup, EllisDon, Pell Frischmann and
Johnson Controls.

Mr. Faulkner said, "Around 100,000 people die worldwide every
year due to asbestos exposure the figure is more than skin
cancer. In the U.K. itself, 4,000 people die every year." He
added that the second focus group will look to open up
consultation with construction stakeholders that are actively
involved in asbestos-related works such as site clearance,
demolition, infrastructure installation and refurbishment of
older buildings.

There will be three separate briefings starting from June 2009.

Mr. Faulkner said, "By volume, there is more asbestos here than
in the U.K. The asbestos here is different to what you find back
in the U.K. It is usually asbestos cement and is classified as a
lower risk.

"There is also legislation but it did not come into effect till
2006 and there is low awareness and a possibility that it is
present in projects before that period. Besides, the current law
only applies to asbestos boards. So it is legal to use water
pipes for water supplies and sewage. Hence we are working with
Build Safe UAE to create greater awareness among the 90
signatories of BSU."

Mr. Faulkner also pointed out that asbestos cement does not
leach into the water in the pipes. "There will be small amounts
of fiber, which is not a danger. The Ministry decision 42 of
2008 also specifies that the Dubai Municipality has to undertake
tests of the water to see how much fiber flows through form the
pipes."


ASBESTOS LITIGATION: Appeal Court Upholds Ruling in Mason Action
----------------------------------------------------------------
The Court of Appeals of Oregon affirmed the ruling of the
Multnomah County Circuit Court, which dismissed the asbestos
claims of Suzanne K. Mason (on behalf of husband Thomas G.
Mason) in a lawsuit filed against General Electric Company.

The case is style Suzanne K. Mason, personal representative of
the estate of Thomas G. Mason, Deceased, Plaintiff-Appellant v.
Mt. St. Joseph, Inc., an Oregon non-profit corporation; Rose,
Breedlove & McConnell, Inc., an Oregon corporation; Providence
Health System-Oregon, an Oregon non-profit corporation; and
Metropolitan Life Insurance Co., a New York corporation,
Defendants, and General Electric Company, a New York
corporation, Defendant-Respondent.

Judges Robert Wollheim, Rex Armstrong, and Timothy J. Sercombe
entered judgment in Case No. 050808090, A133639 on March 4,
2009.

Mrs. Mason brought three claims against GE under Oregon's
product liability law, for Mr. Mason's death from mesothelioma.

Mr. Mason's death was allegedly caused by his exposure to
asbestos-containing products during his work as a carpenter on a
construction project for GE in 1968. The trial court determined
that Mrs. Mason failed to plead a strict liability claim under
Oregon's product liability law, that statutes of limitation
applicable to "product liability civil actions" did not apply to
the claims, and that the claims were therefore barred under the
10-year general negligence statute of ultimate repose.

The trial court dismissed Mrs. Mason's claims on those bases and
entered a limited judgment. Mrs. Mason appealed, asserting three
assignments of error.

The Appeal Court concluded that the trial court did not err and
affirmed.

Meagan A. Flynn, Esq., argued the cause for Mrs. Mason. With her
on the briefs was Preston Bunnell & Flynn LLP.

George S. Pitcher, Esq., of Portland, Ore., argued the cause for
GE. With him on the brief were Williams, Kastner & Gibbs PLLC
and Christopher S. Marks, Esq., of Seattle.


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

                            *********

S U B S C R I P T I O N   I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by
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USA.  Glenn Ruel S. Senorin, Stephanie T. Umacob, Gracele D.
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Copyright 2009.  All rights reserved.  ISSN 1525-2272.

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