CAR_Public/090925.mbx             C L A S S   A C T I O N   R E P O R T E R

           Friday, September 25, 2009, Vol. 11, No. 190
  
                            Headlines

ATTORNEYS' TITLE: Allegedly Overcharging for Fla. Title Insurance
BAPTIST MEMORIAL: Original Plaintiffs Aren't Representative
BIG LOTS: Recalls 20,000 Bunk Beds
BLACKSTONE GROUP: Shareholders' IPO Suit Dismissed With Prejudice
BONITA BAY: Members File Class Action Complaint Against Developer

DIOCESE OF ANTIGONISH: Nova Scotia Court Approves Settlement Pact
GOOGLE INC: Parties Ask to Adjourn Oct. 7 Fairness Hearing
IMELDA MARCOS: Class Attempts to Collect on $1.9 Billion Judgment
LOWES INC: Settles Los Angeles Employment Case for $29.5 Million
MENASHA, WISCONSIN: Suit Filed re $24MM Steam Plant Bond Default

METROPOLITAN LIFE: Policyholders Complain About Premiums
MOBILEFUNSTER INC: Sued For Billing for Unordered Services
NESTLE: Lawsuit Challenges "Brain Juice" Advertising Claims
NISSAN MOTOR: Settles GT-R Transmission Failure Lawsuit
PEPSICO: Sued for Deceptive Cap'n Crunch Crunchberry Advertising

SUNOPTA INC: Settles Securities Fraud Suit for $11.25 Million
TRAVEL HAMMOCK: Recalls 2,500 Parachute Hammocks

                        Asbestos Litigation

ASBESTOS UPDATE: Injury Suit v. EW Transportation Still Pending
ASBESTOS UPDATE: Sheffield Local Seeks Colleagues in Payout Case
ASBESTOS UPDATE: Stamp Dismisses CSX's Action v. Harron, Peirce
ASBESTOS UPDATE: Swindon Care Worker's Death Linked to Exposure
ASBESTOS UPDATE: Inquiry on Mishandling at Wallaga Lake Underway

ASBESTOS UPDATE: Sparkman's Claim v. 22 Firms Filed in Galveston
ASBESTOS UPDATE: Defense Verdict Announced in Union Carbide Case
ASBESTOS UPDATE: Prosecution's Evidence v. Rheubottom Dismissed
ASBESTOS UPDATE: Midtown Plaza Cleanup to be Finished in 1 Year
ASBESTOS UPDATE: More Asbestos Discovered in Augusta Tissue Mill

ASBESTOS UPDATE: Amaca Pty's Exposure Claim v. Ipswich Underway
ASBESTOS UPDATE: Ex-Vibratech Site in Buffalo Cleared of Hazard
ASBESTOS UPDATE: Hazard Delays Demolition at Austin, Minn. Site
ASBESTOS UPDATE: Cleanup at Mile Lock Lane Plant in Pa. Ongoing
ASBESTOS UPDATE: Board Raises Asbestos Concerns on North School

ASBESTOS UPDATE: Morgan County Board OKs Cleanup for 5 Schools
ASBESTOS UPDATE: EPA & HHS to Spend $130Mil for Cleanup at Libby
ASBESTOS UPDATE: 15 Suits Filed in Madison From Aug. 31-Sept. 4
ASBESTOS UPDATE: J&C Owner Indicted for False Inspection Reports
ASBESTOS UPDATE: Keene State Teacher Charged for Cleanup Breach

ASBESTOS UPDATE: Woodford Ex-Builder's Death Linked to Exposure
ASBESTOS UPDATE: Jury Favors Ford, Garlock Sealing in Rehm Claim
ASBESTOS UPDATE: Lambeth's Council Launches Asbestos Action Plan
ASBESTOS UPDATE: Aussie Treasurer OKs James Hardie's Restructure
ASBESTOS UPDATE: N.Y. Contractor Facing Charges on SUNY Cleanup

ASBESTOS UPDATE: EPA Crews Remove Hazard From Libby Golf Course
ASBESTOS UPDATE: Manitowoc City to Clear Local Sites of Asbestos
ASBESTOS UPDATE: SA Gov't. Urged to Change Asbestos Payout Laws
ASBESTOS UPDATE: Asbestos Halts CITIC Pacific's Iron Ore Project
ASBESTOS UPDATE: Asbestos Drive Launched in Plymouth on Sept. 17

ASBESTOS UPDATE: Rochester Gives Info on Midtown Plaza's Cleanup
ASBESTOS UPDATE: Court Dismisses Williams Action v. U.S. Govt.
ASBESTOS UPDATE: Supreme Court Issues Split Ruling in Stoll Case
ASBESTOS UPDATE: Hazard Prompts Closure of Fresno Building Site
ASBESTOS UPDATE: UConn Club Discovers Hazard in Hawley Basement

ASBESTOS UPDATE: Sioux City Has Hazard Concerns on Vacant Bldg.
ASBESTOS UPDATE: Jacksonville Elementary Inspected for Asbestos
ASBESTOS UPDATE: Alpena Council to Check Water Pipes for Hazards
ASBESTOS UPDATE: Ex-James Hardie Execs to Appeal Ruling in 2010
ASBESTOS UPDATE: Bury St Edmunds Local's Death Linked to Hazard

ASBESTOS UPDATE: Australian Union Calling for National Registry
ASBESTOS UPDATE: District Court Issues Split Ruling in Montello
ASBESTOS UPDATE: Court OKs Fireman's Fund Summary Judgment Bid
ASBESTOS UPDATE: Guy and Brock Summary Judgment Denied in Turner
ASBESTOS UPDATE: Guy & Brock Summary Judgment Denied in Harried

ASBESTOS UPDATE: Ohio Court Upholds Ruling in Farnsworth Action
ASBESTOS UPDATE: Court Denies Anderson's Bid in Alfa Laval Case
ASBESTOS UPDATE: Court Reverses Ruling in Van Landingham Action
ASBESTOS UPDATE: 27 Lawsuits Filed in Madison From Sept. 8 to 11
ASBESTOS UPDATE: EPA Checks General Industries Site for Hazards

ASBESTOS UPDATE: Water Street Gets $127K in Brownfield Credits
ASBESTOS UPDATE: O'Neil Claim v. Crane, Warren Pumps Reinstated
ASBESTOS UPDATE: Tennessee Court Awards $1.4Mil to Jackson Widow
ASBESTOS UPDATE: Ex-Colleagues Sought for Swindon Worker's Claim
ASBESTOS UPDATE: Willmore Claim Could Lead to More Payout Cases

ASBESTOS UPDATE: Hazard Found at Badenoch and Strathspey School
ASBESTOS UPDATE: Pfizer Inc. Faces Claims for Asbestos Liability
ASBESTOS UPDATE: Hardie Appeals Ruling on Payout Funding Breach
ASBESTOS UPDATE: Hartlepool Man Sends Appeal to U.K. Government
ASBESTOS UPDATE: Ore. DEQ Issues $18,091 Fine to Coos Bay Couple

ASBESTOS UPDATE: DEQ Issues $2,400 Penalty to Grants Pass Local

                            *********

ATTORNEYS' TITLE: Allegedly Overcharging for Fla. Title Insurance
-----------------------------------------------------------------
Courthouse News Service reports that a class action claims
Attorneys' Title Insurance violated a previous court order and
charges more for title insurance than is permitted by Florida
law, in Broward County Court, Fort Lauderdale.

A copy of the Complaint in Miller, et al. v. Attorneys' Title
Insurance Fund, Inc., Case No. 09050602 (Fla. Cir. Ct., 17th J.
Cir., Broward Cty.), is available at:

     http://www.courthousenews.com/2009/09/23/HomeMortFla.pdf

The Plaintiffs are represented by:

          D. Michael Campbell, P.A.
          523 East Central Avenue
          Winter Haven, FL 33880
          Telephone: 863-292-9929

               - and -  

          David B. Mishael, P.A.
          8603 South Dixie Highway, Suite 315
          Miami, FL 33143
          Telephone: 305-668-3226

               - and -  

          John E. Eversole, III, Esq.
          Richard D. Lara, Esq.
          Curtis J. Mase, Esq.
          MASE LARA EVERSOLE, P.A.
          80 S.W. 8th Street, Suite 2700
          Miami, FL 33130
          Telephone: 305-377-3770


BAPTIST MEMORIAL: Original Plaintiffs Aren't Representative
-----------------------------------------------------------
Tom Wilemon at The Daily News in Memphis, Tenn., reports that
A judge has denied class action status in Clarke, et al. v.
Baptist Memorial Healthcare Corporation and Methodist Healthcare,
Case No. 06-cv-02377 (W.D. Tenn.), a lawsuit alleging that area
hospitals conspired to suppress nurse wages.  

Mr. Wilemon reports that the lawyer for the nurses:

          Daniel A. Small, Esq.
          COHEN MILSTEIN SELLERS & TOLL PLLC
          1100 New York Ave, Suite 500 West
          Washington, DC 20005
          Telephone: 202 408 4600
          Fax: 202 408 4699
          E-mail: dsmall@cohenmilstein.com

is seeking to add a substitute plaintiff to the case because the
court on Sept. 4 held that the two nurses suing "were not
adequate representatives of the class," according to a motion he
filed last week.

Mr. Wilemon's full reports is available at:

     http://www.memphisdailynews.com/editorial/Article.aspx?id=44942

A copy of the Complaint filed on June 20, 2006, is available at
http://bankrupt.com/misc/NurseWagesMemphis062006.pdf

The healthcare companies' bid to dismiss the lawsuit, covered in
the Class Action Reporter on Jan. 4, 2007, was denied.


BIG LOTS: Recalls 20,000 Bunk Beds
----------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Big Lots Stores, Inc., of Columbus, Ohio, announced a voluntary
recall of about 20,000 Wooden Bunk Beds.  Consumers should stop
using recalled products immediately unless otherwise instructed.

The bunk beds' mattress support slats and side support railings
can break, posing a risk of the bunk bed collapsing and a fall
hazard to consumers.


Big Lots has received 14 reports of the recalled bunk beds'
support slats cracking or breaking, including four reports of
minor injuries.

This recall includes wooden bunk beds with a three-step ladder.
Model numbers WP-9108-1 and WP-9108-2 are included in this
recall.  The model number is located on a sticker on the bunk
bed's interior panel of the headboard or the footboard.

The Bunk Beds were sold exclusively at Big Lots stores nationwide
from May 2008 through February 2009 for about $300, and were
manufactured in Vietnam.

Consumers should immediately stop using recalled bunk beds and
contact Big Lots to return the defective parts and to receive a
free repair kit.

For more information, contact Big Lots toll-free at
(866) 244-5687 between 9 a.m. and 5 p.m. ET Monday through
Friday, or visit the firm's Web site at http://www.biglots.com/

To see this recall on CPSC's web site, including a picture of the
recalled product, go to:

     http://www.cpsc.gov/cpscpub/prerel/prhtml09/09348.html


BLACKSTONE GROUP: Shareholders' IPO Suit Dismissed With Prejudice
-----------------------------------------------------------------
Susan Beck at The American Lawyer reports that a recent court
opinion that gives some guidance on disclosure issues that were
raised by shareholders of The Blackstone Group L.P., after its
$4.5 billion IPO in 2007. The ruling, issued Tuesday, was a
resounding win for Blackstone and its lawyers at Simpson Thacher
& Bartlett, with the court dismissing the complaint with
prejudice.

MS. Beck explains that plaintiff Landman Partners Inc. had
brought a putative class action in April 2008 alleging that
Blackstone failed to disclose at the time of its IPO that certain
of its portfolio companies were not performing well, and that
Blackstone misrepresented the condition of the real estate market
in general.

In his ruling, Manhattan Federal District Court Judge Harold Baer
Jr. held that any omissions or misstatements were not material,
and did not violate the Securities Act of 1933. The judge noted
that there is no bright-line test for material omissions. Still,
the court noted that the 2nd Circuit has stated that a good
starting point for this analysis is whether a misstatement caused
a financial error of less than 5 percent. Applying that test, the
court noted that FGIC, one of the poorly performing portfolio
companies at issue, represented only 0.4 percent of Blackstone's
assets under management at the time of the IPO.  Freescale
Semiconductor, another portfolio company, represented just 3.6
percent of the assets under management.

The court stressed that this sort of numbers-based analysis is
not the deciding factor, and a court must also look at
"qualitative considerations that are intended to allow for a
finding of materiality if the quantitative size of the
misstatement is small, but the effect of the misstatement is
large."  But in this case those factors weren't present.

The plaintiffs also challenged Blackstone's statements about its
real estate assets, stressing that the IPO prospectus stated that
"[t]he real estate industry is . . . experiencing historically
high levels of growth and liquidity," when it fact it was "in the
midst of a prolonged decline."  But Judge Baer ruled that the
plaintiffs allegations on this point were too vague, and
furthermore, investors had enough information from other sources
about the real estate market.  "The omission of generally known
macro-economic conditions is not material because such matters
are already part of the 'total mix' of information available to
investors."

The Simpson Thacher team included Bruce Angiolillo, Jonathan
Youngwood, Paul Sirkis, Alex Simkin and Daniel Stujenske.

According to court records, the plaintiffs were represented by
Coughlin Stoia Geller Rudman & Robbins and Brower Piven.

A copy of the slip opinion in Landmen Partners, Inc. v. The
Blackstone Group, L.P., et al., Case No. 08-cv-3601 (S.D.N.Y.) is
available at:

     http://amlawdaily.typepad.com/Blackstone%20IPO%20ruling.pdf


BONITA BAY: Members File Class Action Complaint Against Developer
-----------------------------------------------------------------
Laura Layden at Naples News reports that Bonita Bay Club members
have filed a class-action lawsuit against their developer.  
According to a report by the community's Turnover Committee, the
suit was filed on Sept. 22 in Lee County Circuit Court against
the Bonita Bay Group.  The report doesn't detail the allegations
in the lawsuit, saying only that it "contains multiple counts
based on different laws and legal principles."

Ms. Layden reports that the plaintiffs in the case include two
members of the Turnover Committee. It has been brought on "behalf
of all members who have promissory notes issued prior to January
2004," according to the committee's report.  The Turnover
Committee is supporting several legal actions against the
developer, which last year stopped honoring its policy to refund
deposits of resigning members within 30 days. Members say they
have promissory notes that guarantee they'll get their money back
if they leave the club.  The Turnover Committee has been handling
negotiations for members who are trying to purchase their club
from the developer. It appears that those negotiations are once
again at a standstill after being resumed a few weeks ago.  In
its latest report, the committee says that it's "still a long way
from finding any common ground" that would be acceptable to
Bonita Bay Group and its lender, Key Bank, and would be approved
by a majority of members.

"One of the critical issues that has not been resolved is the
allocation of responsibility for providing refunds to resigned
members," the committee said in its report. "BB (Bonita Bay)
Group has reversed its previous position with respect to
accepting liability for all resigned members."

The liability could be $25 million or more for resigning members.
Ms. Layden relates.

The Turnover Committee presented a revised offer to purchase the
club on Sept. 3. The offer was to pay $11.5 million in cash and
surrender the promissory notes of all continuing members, with
Bonita Bay Group retaining the liability of deposits paid by
members who have already resigend or who would not join the new
club.  The offer expired Sept. 21 and was not accepted by the
developer.  Bonita Bay Group sent a new offer to the Turnover
Committee on Sept. 21. In its report, the committee said it was
"categorically rejected in writing" on Sept. 22. Under the
proposal, Bonita Bay Group, would have created a new company that
would own the assets of the club, and assume the developer's $20
million in debt and all liabilities for members' initiation
deposits. This scenario would mean that Bonita Bay Club would
continue to operate the club.

In its report, the committee said the developer's latest offer
was "even less attractive" than one made on July 7. Under the
original offer, Bonita Bay Group would not have continued to
operate the club.  Despite its "profound disappointment" at the
developer's newest offer, the committee said it's willing to
continue negotiations with Bonita Bay Group "for a successful
turnover of the club to the members."


DIOCESE OF ANTIGONISH: Nova Scotia Court Approves Settlement Pact
-----------------------------------------------------------------
John McKiggan's Sexual Abuse Claims Blog reports that on
September 10, 2009, Justice David MacAdam of the Nova Scotia
Supreme Court certified Ronald Martin's class action lawsuit,
Martin v. Lahey, et al., Hfx No. 297827, against the Roman
Catholic Diocese of Antigonish.

Justice MacAdam also approved the settlement agreement which sets
up a private and confidential compensation process for victims of
sexual abuse by priests of the Diocese of Antigonish.

Mr. McKiggan says that Justice MacAdam's decision is
extraordinary because it marks the first time that the Catholic
Church has ever been successfully sued in a class action lawsuit.
It also marks the first time that the Catholic Church has agreed
to set up a compensation program specifically to provide
compensation to survivors of sexual abuse by priests.

There are three important deadlines for class members to be aware
of:

     -- Notify Class Counsel:

        Class members should notify Mr. McKiggan on or before
        December 4, 2009, if they want to participate in the
        class action settlement.  You can do so by contacting him
        by e-mail at dioceseclassaction@apmlawyers.com

     -- Opt Out:

        If a class member does not want to take part in the class
        action settlement, and wants to file an individual
        lawsuit at their own cost, they must file an opt out form
        with the lawyers representing the Diocese on or before
        December 4, 2009.

     -- Claims Deadline:

        Class members have until March 10, 2010, to submit a
        fully completed claim form requesting compensation.  
        Claim forms are available by contacting Mr. McKiggan or
        on the class action website at:

               http://www.dioceseclassaction.com/

There are two "trigger dates" in the settlement agreement.  If
anyone opts out of the class action, the Diocese has the right to
pull out of the class action settlement.  Similarly, if more than
70 survivors come forward indicating that they want to file a
claim for compensation, Ronald Martin has the right to pull out
of the settlement agreement.  The deadline for making this
decision is December 4, 2009.


GOOGLE INC: Parties Ask to Adjourn Oct. 7 Fairness Hearing
----------------------------------------------------------
Zusha Elinson at The Recorder reports that the parties in The
Authors Guild, Inc., et al. v. Google, Inc., Case No. 05-cv-8136
(S.D.N.Y.) (Chin, J.), are asking that the scheduled Oct. 7
Fairness Hearing be adjourned.  The parties are asking Judge Chin
to hold a status conference on Nov. 6.

"The parties intend to amend the settlement agreement and need
adequate time to negotiate amendments among themselves and with
the DOJ," Michael Boni, Esq., at Boni & Zack, who represents The
Authors Guild, tells Judge Chin.

Ms. Elinson's complete report is available at http://is.gd/3ANnE


IMELDA MARCOS: Class Attempts to Collect on $1.9 Billion Judgment
-----------------------------------------------------------------
Dan Mccue at Courthouse News Service reports that ten thousand
victims of human rights violations under the Marcos regime in The
Philippines asked the Denver Federal Court to transfer title of a
520-acre property he owned in Colorado to partially satisfy $1.9
billion in damages they've been awarded by other courts.

In the earlier litigation, class members said they were subjected
to torture, murder, rape and imprisonment for opposing Ferdinand
Marcos when he ruled The Philippines, from 1965 until February
1986, when he escaped to Hawaii. He died in exile on Sept. 29,
1989.

The class obtained a $1.9 billion judgment against the Estate of
Ferdinand E. Marcos in the Northern District of Illinois in 1997,
a judgment revived and re-entered in March 2009.

The current action focuses on a property in El Paso County,
Colo., which Ferdinand De Leon and the other class members say
Marcos owned through Denman Investment Corp., a tax haven set up
by Jose Yao Campos, his longtime financial advisor and
confidante.

The class seeks judgment in Colorado based on the prior foreign
judgment, and transfer of ownership of the land from Imelda
Marcos and the estate of her late husband.  Not resolving the
matter would create a risk of inconsistent or varying
adjudications, establishing incompatible standards of conduct for
the defendants, the complaint states.

During his presidency, Marcos invested in properties while
secreting and concealing his ownership through corporations
Campos established in several tax havens.

Campos bribed Philippine officials to avoid prosecution there,
the dissidents said, but was sued in the District of Texas in a
racketeering action. The case was dismissed before discovery,
when Campos returned more than 200 corporations and pieces of
real estate to the Philippines, along with $12 million in cash,
the complaint states.

Campos died in 2006.

Defendant Denman Investment Corp. is now owned by a Panamanian
corporation which in turn is owned by a trust administered in
Hong Kong for the benefit of Campos family members.

A copy of the Complaint in Leon v. Imelda R. Marcos, et al., Case
No. 09-cv-_____ (D. Colo.), is available at:

     http://www.courthousenews.com/2009/09/23/Marcoses.pdf

Mr. Leon is represented by:

          Robert A. Swift, Es.q
          KOHN, SWIFT & GRAF, P.C.
          One South Broad Street, Suite 2100
          Philadelphia, PA 19107
          Telephone: 215-238-1700
     
               - and -  

          Richard G. Sander, Esq.
          Sander, Ingebretsen & Wake, P.C.
          1660 17th Street, Suite 450
          Denver, CO 80202
          Telephone: 303-285-5300

     
LOWES INC: Settles Los Angeles Employment Case for $29.5 Million
----------------------------------------------------------------
A Los Angeles Superior Court judge gave final approval to a class
action settlement yesterday involving Lowes Home Improvement
which calls for a maximum payment of $29.5 million.  Two former
Lowes employees alleged that they, and thousands of other hourly
Lowes workers were required to work "off the clock" before and
after their normal shifts, for which they were not paid. The
action was litigated by Stanley Saltzman, Esq., Louis Marlin,
Esq., Mark Bradley, Esq., and Christina Humphrey, Esq., of Marlin
& Saltzman, and by R. Rex Parris, Esq., and Robert Parris, Esq.,
of the R. Rex Parris Law Firm.  Lowes denied all of the claims
raised in the lawsuit.

The case was originally filed in October of 2001.  It was
litigated for over 7 years, and raised legal issues that were
twice resolved by the California Court of Appeal.  In one
decision, the Court of Appeal confirmed the right of the
plaintiffs in a proposed class action to have contact with
potential class members in order to obtain information that would
assist in the prosecution of the action.  That 2003 published
decision, Parris vs. Superior Court (Lowes HIW) 104 Cal.App.4th
285, became important precedent in California.  The second
decision by the Court of Appeal came after the trial court had
denied the plaintiffs' motion to certify the case as a class
action.  Not only did the Court of Appeal reverse the decision by
the trial court but, in an unusual move, rather than ordering the
lower court to reconsider the issue, actually ordered that the
case be granted class certification status.

As the case was preparing for trial, the parties were able to
reach a settlement.  Yesterday, the final step of the class
action settlement approval process took place, with the trial
court granting full approval to the settlement on behalf of
thousands of class members.  It is anticipated that settlement
proceeds will be sent to claimants by the end of this year.


MENASHA, WISCONSIN: Suit Filed re $24MM Steam Plant Bond Default
----------------------------------------------------------------
Bridget Freeland at Courthouse News Service reports that Menasha,
Wisc., claimed it had a business plan for a steam utility plant,
but the city "had no plan and never intended to make good on its
promises," and cheated bondholders of $24 million, an insurer and
bank say in a federal class action. Local press reports say it's
the first municipal bond default in Wisconsin history.

Lafayette Life Insurance, American Bank and others claims that
Menasha Utilities proposed turning an old power plant into a
steam plant for local paper mills, but allowed construction funds
to be wasted and failed to secure revenue as promised.

"These notes are past due and in default," the complaint states.

The class, which includes Mercy Ridge Inc. and numerous
investors, retirement funds, unions, church groups and nonprofit
organizations, say they bought "bond anticipated notes" from
Menasha in 2005 and 2006 for the plant makeover.

They claim the 2005 bond notes were sold under the pretense that
the project would cost $12.5 million and would be supported by
Menasha's paper mills, "which are vital to Menasha's survival,"
and were the "largest employers and taxpayers" in the city at the
time.

The investors say Menasha promised to form a redemption fund to
assure that the bonds would be repaid with interest. Menasha
claimed to have four customers for the Steam Utility plant, which
would place it at maximum output, according to the complaint.

The 2005 bondholders were told they would have "first pledge" on
repayment and that the city would leverage taxes from other
utilities to pay on the bonds if it did not see the expected
profits, the complaint states.

But the class claims that Menasha spent the first $12.5 million
quickly on unnecessary work, and later issued $11 million in
general obligation notes, which it unlawfully repaid first.

The class claims that by March of 2006 Menasha had "issued almost
$40 million in securities obligations," and had not even
completed the steam distribution system to its largest customer,
SCA Tissue.

Investors say Menasha failed to mention in its 2006 business plan
that it had been in litigation with PCI Management over the
mismanagement of construction funds. Menasha offered to settle a
$7.6 million counterclaim for a mere $860,000, the complaint
states.

The class claims that Menasha never put money into the redemption
fund, as promised, and spent $1 million elsewhere and to pay
interest on the general obligation notes.

Menasha also misrepresented its agreement with customers, the
class claims. The plaintiffs say they were not aware that the
companies were not exclusively tied to the contracts and were
allowed use other steam sources. The class claims it was told
that Menasha Steam Utility customers would be required to
purchase coal, when in fact they did not pay for any materials.
The class says it was "virtually impossible for the Steam Utility
to operate at cost, let alone a profit."

Menasha promised not to sell, lease or close the plant, though it
shut the plant down in July this year, the complaint states.

The class adds that Menasha claimed that no additional
environmental permits would be needed, but the EPA and Wisconsin
Department of Natural Resources cited the city for not getting
authorization for the "technical upgrades."

Menasha has paid less than $2 million toward the $24 million
default, according to press reports. Wisconsin media have called
it the first municipal default in Wisconsin history, which has
caused the city's credit rating to drop significantly.

The class seeks compensatory damages for federal securities fraud
and state violations, breach of contract and fiduciary duties,
common law fraud, negligent misrepresentation, unjust enrichment
and business theft.  

A copy of the Complaint in The Lafayette Life Insurance Company,
et al. v. City of Menasha, Wisconsin, et al., Case No. 09-cv-64
(N.D. Ind.), is available at:

     http://www.courthousenews.com/2009/09/23/Menasha.pdf

The Plaintiffs are represented by:

          Michael A. Wukmer, Esq.
          Michael T. McNally, Esq.
          Jacob R. Cox, Esq.
          ICE MILLER LLP
          One American Square, Suite 2900
          Indianapolis, IN 46282-0200
          Telephone: (317) 236-2100
          Fax: (317) 236-2219


METROPOLITAN LIFE: Policyholders Complain About Premiums
--------------------------------------------------------
Courthouse News Service reports that Metropolitan Life Insurance
charges policyholders more than "the charges permitted by the
express terms of the policies," a class action claims in New York
County Court.

A copy of the Complaint in Petersen v. Metropolitan Life
Insurance Company, Index No. 09602901 (N.Y. Sup. Ct., N.Y. Cty.),
is available at:

http://www.courthousenews.com/2009/09/23/InsureMetLife.pdf

The Plaintiff is represented by:

          Bernard Daskal, Esq.
          Jason Kaufman, Esq.
          LYNCH DASKAL EMERY LLP
          264 West 40th Street
          New York, NY 10018
          Telephone: 212-302-2400
          
               - and -  

          Stephen R. Mller, Esq.
          Jon J. Schirger, Esq.
          Matthew W. Lytle, Esq.
          MILLER SCHIRGER LLC
          800 W. 47th St., Ste. 630
          Kansas City, MO 64112
          Telephone: 816-561-6500
          
               - and -  

          Patrick J. Stueve, Esq.
          Richard M. Paul, III,  Esq.
          Lee R. Anderson, Esq.
          STUEVE SIEGEL HANSON LLP
          460 Nichols Road, Suite 200
          Kansas City, MO 64112
          Telephone: 816-714-7100


MOBILEFUNSTER INC: Sued For Billing for Unordered Services
----------------------------------------------------------
Courthouse News Service reports that Flycell and Mobile Funster
charge people for cell phone "services" they didn't order and
don't want, according to class actions in Detroit Circuit Court.

A copy of the Complaint in Shivers v. Mobilefunster. Inc., Case
No. 09-023246-CZ (Mich. Cir. Ct.), is availane at:

     http://www.courthousenews.com/2009/09/23/PhoneBills.pdf

The Plaintiff is represented by:

          Mark H. Freedman, Esq,               
          Mary K. Freedman, Esq.
          LAW OFFICES OF FRIEEDMAN * FREEDMAN, PLC
          24725 West 12 Mile Road, Suite 110
          Southfield, MI 48034
          Telephone: 248-799-9905.


NESTLE: Lawsuit Challenges "Brain Juice" Advertising Claims
-----------------------------------------------------------
Elizabeth Banicki at Courthouse News Service reports that Nestle
is a "snake oil salesman" that sells "Brain Juice" to parents on
the bogus claim that it will improve their children's brain
function, a woman claims in a Superior Court class action.  
Alexis Farmer says she bought Nestle's "Juicy Juice Brain
Development Fruit Juice" believing its claims that it contains
"DHA -- an omega-3 fatty acid especially important for brain
development in children under two years old."

Ms. Farmer cites a litany of claims from Nestle's label, Web site
and a TV ad, such as, "It's crucial that your child receive
nutrients such as DHA Omege-3 during these early years," and that
Nestle's "Brain Juice" has it.

The dietary supplement industry has become one of the leading
consumer businesses in the United States in recent years.

"In an effort to 'grab' some of those billions, unscrupulous
marketing companies routinely toss a small amount of a particular
substance into a preexisting product and advertise said product
as though it could provide results beyond what would be a
reasonable explanation," the complaint states.

Here is how the complaint describes a TV commercial: "A
television commercial for Brain Juice pictures a mother and young
child. The mother repeatedly instructs the child to touch her
nose, but the child does not.  However, after the mother pours
her child a glass of Brain Juice, the child points to the dog's
nose and says 'nose.'  This television advertisement implies that
consumption of Brain Juice by a child can accelerate the pace at
which that child learns skills associated with language, motor
functions, memory, and the free association of thought and
ideas."

Ms. Farmer accuses Nestle of false and misleading advertising,
unjust enrichment, fraud, and violating civil codes.  She seeks
damages and an injunction.

Ms. Farmer is represented by:

          Wayne S. Kreger, Esq.
          Milstein, Adelman & Kreger, LLP
          2800 Donald Douglas Loop North
          Santa Monica, CA 90405
          Telephone: 310.396.9600
          Fax: 310.396.9635


NISSAN MOTOR: Settles GT-R Transmission Failure Lawsuit
-------------------------------------------------------
Jon Hood at ConsumerAffairs.com reports that Nissan has agreed to
replace the so-called launch control on its high-end GT-R sports
coupe, bringing to an end a saga that started with one owner's
truly horrifying story.

In October 2008, Autoblog reported that a GT-R owner took his car
to the dealership after hearing loud noises in the rear end. The
verdict? His transmission was finished, which Nissan said was the
direct result of turning off the car's "vehicle dynamic control,"
or VDC.

The owner had apparently disengaged the system several times in
order to activate the Nissan's "launch control," which allows the
car to shoot from zero to 60 miles per hour in 3.3 seconds
(versus a flat 4.0 with launch control turned off).

Nissan informed the owner he was out of luck, as GT-R's owner's
manuals warn consumers to never turn off VDC unless trying to
extract their car from the snow or mud. He would have to pay the
repair costs himself, at a grand total of $20,000.

Much was made of launch control when the GT-R debuted in the
States last year, and for good reason.  Sixty miles an hour in
four seconds would be more than satisfactory for most people, but
the GT-R is an enthusiast's car; 3.3 seconds puts it ahead of the
Tiptronic version of Porsche's 911 Turbo (which reaches 60 in 3.4
seconds) and even a good number of motorcycles.

Under the settlement, consumers are eligible to upgrade to a new-
and-improved launch control (appropriately named LC2), which
provides safeguards to reduce the likelihood of any more five-
digit mechanic bills.  Once GT-R owners upgrade, their warranties
will be extended to five years or 60,000 miles, whichever comes
first.  

In spite of the new system's improved technology, however,
consumers whose transmissions fail as a direct result of VDC
being turned off will still not be covered.

If a consumer turns VDC off, then back on, and subsequently
experiences a failure, the burden is on Nissan to prove that the
VDC's disengagement was the cause of the problem. And it's not
necessarily easy to game the system; Nissan has previously used
"black box" data to determine whether problems were caused by the
owner turning VDC off.  2009 GT-R owners will also get a service
coupon worth $75.

The GT-R was launched in Japan in late 2007 and burst onto the
American scene the following year.  While Nissan has had some
hits with enthusiasts before -- including its 350Z coupe -- the
GT-R was the company's first American offering designed to
compete with European supercars.


PEPSICO: Sued for Deceptive Cap'n Crunch Crunchberry Advertising
----------------------------------------------------------------
Courthouse News Service reports that Pepsico deceptively packages
"Cap'n Crunch with Crunchberries" by claiming it contains
"berries," though it does not: its only "fruit" is "a touch of
strawberry fruit concentrate -- twelfth in order on the
ingredients list, just after partially hydrogenated soybean oil
and 'natural and artificial flavors,'" a class action claims in
San Francisco Federal Court.

A copy of the Complaint in Werbel v. Pepisoco, Inc., et al., Case
No. 09-cv-4456 (N.D. Calif.), is available at:

     http://www.courthousenews.com/2009/09/23/CCACrunch.pdf


The Plaintiff is represented by:

          Jeffrey Saul Kravitz, Esq.
          KRAVITZ LAW OFFICE
          2310 J Street, Suite A
          Sacramento, CA 95816
          Telephone: 916-553-4072
          Fax: 916-553-4074
          E-mail: kravitzlaw@aol.com


SUNOPTA INC: Settles Securities Fraud Suit for $11.25 Million
-------------------------------------------------------------
SunOpta Inc. has entered into an agreement to settle all claims
raised in proposed class action proceedings arising from the
Company's restatement of interim financial results for the first
three quarters of 2007.  The Class Actions were filed against the
Company and other named defendants on behalf of shareholders who
purchased or otherwise acquired SunOpta securities from February
23, 2007, to January 27, 2008 inclusive, and are pending before
the United States District Court for the Southern District of New
York and the Ontario Superior Court of Justice.

In return for the dismissal of the Class Actions and releases
from Proposed Class Members of settled claims against the Company
and the remaining named defendants, the settlement agreement
provides for a total cash contribution of US $11.25 million to a
settlement fund and the adoption of certain corporate governance
enhancements by the Company. The corporate governance
enhancements include certain amendments to the Company's Audit
Committee Charter and Internal Audit Charter and the adoption of
an enhanced Information Technology Conversion Policy.

The Settlement Fund will be entirely funded by the Company's
insurer. The Settlement Fund will be applied toward distributions
to Proposed Class Members pursuant to a plan of allocation to be
proposed by plaintiffs' counsel and approved by the Courts, plus
plaintiffs' fees and expenses and all administrative costs
associated with the implementation of the settlement.

The settlement agreement contains no admission of wrongdoing by
SunOpta or any of the other named defendants and the Company and
the other named defendants expressly deny any liability or
wrongdoing in the agreement.

The settlement is conditioned upon the Courts' approval. Dates
have not yet been set for motions before each of the Courts for
certification of a settlement class collectively comprised of the
Proposed Class Members nor have the Courts scheduled final
settlement approval hearings before each of the Courts.

The settlement agreement is also subject to SunOpta's option to
terminate it in the event the extent of valid opt-outs by
Proposed Class Members from the Proposed Class and settlement
exceed a pre-agreed confidential threshold.

If the settlement agreement is not approved by the Courts or if a
sufficient number of Proposed Class Members opt-out and SunOpta
exercises its right to terminate the settlement agreement, then
the settlement agreement will become null and void and the Class
Actions may resume.

SunOpta Inc. is an operator of high-growth ethical businesses,
focusing on integrated business models in the natural and organic
food and natural health markets.  The Company has three business
units: the SunOpta Food Group, which specializes in sourcing,
processing and distribution of natural and organic food products
integrated from seed through packaged products; Opta Minerals
Inc. (TSX:OPM) (66.5% owned by SunOpta), a producer, distributor,
and recycler of environmentally friendly industrial materials;
and SunOpta BioProcess Inc. which engineers and markets
proprietary steam explosion technology systems for the bio-fuel,
pulp and food processing industries.  SunOpta believes that each
of these business units has proprietary products and services
that give it a solid competitive advantage in its sector.

TRAVEL HAMMOCK: Recalls 2,500 Parachute Hammocks
------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Travel Hammock Inc., dba Grand Trunk, of Skokie, Ill., announced
a voluntary recall of about 2,500 Single and Double "Parachute"
Hammocks.  Consumers should stop using recalled products
immediately unless otherwise instructed.

The hammock's supporting hooks can fail, causing occupants to
fall and suffer injuries.  The firm has received nine incidents
of hooks failing, resulting in bumps, bruises or scrapes.

The recalled hammocks were sold in single and double versions and
packaged in a nylon sack. The Grand Trunk logo is printed on the
sack. The following models and colors are included in the recall:
SH-01 (Single Olive/Khaki), SH-02 (Single Blue/Navy Blue), SH-06
(Single Royal/Khaki), DH-01 (Double Olive/Khaki), DH-02 (Double
Lt. Blue/Yellow), DH-03 (Double Navy/Silver), DH-04 (Double
Navy/Red). The model number can be located on the product's
hangtag.

The hammocks were sold at specialty outdoor retailers nationwide
from July 2008 through June 2009 for between $50 and $60, and
were manufactured in Indonesia.

Consumers should stop using the recalled hammocks immediately and
contact the firm for a free repair kit.  For additional
information, contact Grand Trunk toll-free at (877) 365-2965
between 9 a.m. and 5 p.m. CT Monday through Friday or visit the
firm's Web site at http://www.grandtrunkgoods.com/

To see this recall on CPSC's web site, including a picture of the
recalled product, please go to:

     http://www.cpsc.gov/cpscpub/prerel/prhtml09/09347.html



                       Asbestos Litigation

ASBESTOS UPDATE: Injury Suit v. EW Transportation Still Pending
---------------------------------------------------------------
K-Sea Transportation Partners L.P. says that the remaining
asbestos lawsuit, filed against affiliate EW Transportation LLC,
has been administratively dismissed, which means that it remains
active for routine matters not requiring a formal hearing.

EW Transportation LLC and its predecessors have been named,
together with a large number of other companies, as co-defendants
in 39 civil actions by various parties, including former
employees, alleging unspecified damages from past exposure to
asbestos and second-hand smoke aboard some of the vessels that it
contributed to the Company in connection with its initial public
offering.

EW Transportation LLC and its predecessors have been dismissed
from 38 of these lawsuits for an aggregate sum of about
US$47,000.

The Company may be subject to litigation in the future from these
plaintiffs and others alleging exposure to asbestos due to
alleged failure to properly encapsulate or remove friable
asbestos on its vessels, as well as for exposure to second-hand
smoke and other matters.

East Brunswick, N.J.-based K-Sea Transportation Partners L.P.
provides marine transportation, distribution and logistics
services for refined petroleum products in the United States. As
of Sept. 1, 2009, the Company operated a fleet of 69 tank barges
and 66 tugboats.


ASBESTOS UPDATE: Sheffield Local Seeks Colleagues in Payout Case
----------------------------------------------------------------
Roy Ashforth, a 72-year-old local of Birley, Sheffield, England,
seeks the help of his former work colleagues after being
diagnosed with mesothelioma, The Star reports.

Mr. Ashford previously worked at Arthur Balfour & Co Ltd, Keeton
Sons & Co Ltd, and Flather Bright Steels Ltd.

Mr. Ashforth worked as a hammer driver for Arthur Balfour between
1952 and 1955 and later as a furnace man from 1957 to 1960. He
worked at Keeton between 1968 and 1972 when he was employed as an
engineer's mate. He then went to work for Flather Bright where he
worked as a centerless turner between 1973 and 1984.

Helen Ashton, from the industrial illness team at Irwin Mitchell,
said, "Mesothelioma is an extremely aggressive lung cancer which
is fatal in the majority of cases. It causes great suffering to
the victim and their families."


ASBESTOS UPDATE: Stamp Dismisses CSX's Action v. Harron, Peirce
---------------------------------------------------------------
U.S. District Judge Frederick Stamp dismissed an asbestos fraud
case filed by CSX Transportation Inc. against Dr. Ray Harron (a
Bridgeport, W.Va.-based radiologist), Robert Peirce, Esq., and
Louis Raimond, Esq.

The trial was supposed to get underway on Sept. 15, 2009, but
Judge Stamp cancelled it.

In the lawsuit, CSX accused Mr. Peirce's firm of filing a
fraudulent asbestos claim for a Kentucky railroad worker, Earl
Baylor. It also argued that Dr. Harron read the worker's x-rays
three times between 1999 and 2003 before diagnosing him with
asbestosis.

Dr. Harron routinely reviewed x-rays for Mr. Peirce's firm. Mr.
Peirce's firm contends that another doctor independently reviewed
Mr. Baylor's x-ray and determined the worker had a low level of
asbestosis.

That was when Mr. Peirce's firm filed an asbestos claim on behalf
of Mr. Baylor against CSX, which contended that the defendants
ignored a negative CT scan obtained from Mr. Baylor's medical
records and claimed they falsified his exposure history.

However, attorneys for Mr. Pierce's firm argued that the CT scan
did show evidence of lung scarring that could be caused by
asbestos exposure.

Judge Stamp wrote that based on the evidence CSX presented, it
cannot prove the defendants "acted with actual intent to
defraud."

Meanwhile, U.S. Magistrate Judge James Seibert ruled that Dr.
Harron must pay CSX more than US$5,000 for its legal expenses
because of earlier technical motions that were filed in the case.


ASBESTOS UPDATE: Swindon Care Worker's Death Linked to Exposure
---------------------------------------------------------------
An inquest at the Wiltshire and Swindon Civic Offices, on Sept.
15, 2009, heard that the death of 58-year-old Linda Sinnett, of
Eldene, Swindon, England, was linked to second-hand exposure to
asbestos, the Swindon Advertiser reports.

Mrs. Sinnett was married to 57-year-old John Sinnett. She
contracted Peritoneal Mesothelioma, despite never working in an
asbestos exposed environment. She died at the Prospect Hospice in
Wroughton on July 14, 2009.

The inquest heard how Mrs. Sinnett was exposed to asbestos while
growing up as a young girl. Wiltshire and Swindon Coroner David
Ridley said this happened when her dad Ronald Garner had his
dusty overalls washed by her mum Joan.

Mr. Garner worked as a carpenter building coaches at the Great
Western Railway Works during the late 1950s and early 1960s. He
later worked at the Pressed Steel factory and Mr. Sinnett said
his wife, who started to suffer health problems in 2003, would
also wash the overalls.

During the hearing, Mr. Ridley said, "In all probability the
washing was done in the same area as the kitchen. Come tea time
he (Ronald) would come home, take his overalls off where plenty
of asbestos fibers would be thrown into the same area.
Consequently this would come into contact with the food and
preparation areas and be ingested."

Mr. Ridley said Mrs. Sinnett died from an industrial disease.


ASBESTOS UPDATE: Inquiry on Mishandling at Wallaga Lake Underway
----------------------------------------------------------------
The New South Wales Ombudsman's investigation on the Australian
Government's handling of an asbestos issue at Wallaga Lake Koori
Village is underway, ABC News reports.

The Opposition has documents showing that Government agencies had
known about an asbestos problem for some time at Wallaga Lake,
near Bermagui.

A cleanup plan has been developed to remove the asbestos that was
left behind after old houses were demolished at the site.

However, the Opposition's Climate Change and Environment
spokeswoman, Catherine Cusack, says that is not the end of the
matter. She said, "I've referred the matter to the New South
Wales Ombudsman who I understand is undertaking some fairly in
depth inquiries at the moment by way of preliminary
investigation."


ASBESTOS UPDATE: Sparkman's Claim v. 22 Firms Filed in Galveston
----------------------------------------------------------------
Mary Ann Sparkman, of Hays County, Tex., on Sept. 3, 2009, filed
an asbestos lawsuit against 22 defendant corporations in
Galveston County District Court, Tex., The Southeast Texas Record
reports.

In the lawsuit, Ms. Sparkman of Buda, Tex., says Jesse Frederick
Cruz of Galveston, Tex., was exposed to asbestos-containing
products and machinery during his time as a laborer for Todd
Pacific Shipyards Corporation.

The complaint names Todd Pacific Shipyards and 21 other companies
as defendants. They are classified either as a product
manufacturer or an equipment manufacturer.

The suit presents nine counts of alleged wrongdoing against the
defendants. Todd Pacific Shipyards and the equipment
manufacturing defendants are charged extensively in an individual
count of their own. The defendants are also accused of enabling
one another, according to the suit.

Ms. Sparkman ultimately accuses the defendants of violating state
and federal regulations relating to asbestos exposure. She seeks
punitive and exemplary damages and a jury trial.

James C. Ferrell, Esq. and Bradlyn J. Cole, Esq., of RG Taylor II
PC in Houston, represent Mrs. Sparkman.

Galveston County 212th District Court Judge Susan Criss is
presiding over Case No. 09CV1601.


ASBESTOS UPDATE: Defense Verdict Announced in Union Carbide Case
----------------------------------------------------------------
The law firm of Forman Perry Watkins Krutz & Tardy LLP announces
a take-nothing defense verdict in a Mississippi asbestos exposure
lawsuit in favor of Union Carbide Corporation and two other
defendants, including ConocoPhillips Company and Montello, Inc.,
according to a Forman Perry press release dated Sept. 16, 2009.

Bob K. Martin of Lumberton, Miss., filed suit against the
companies in 2006 based on claims that his health problems were
the result of his alleged exposure to asbestos while working in
oilfields located throughout the southeastern United States
between 1965 and 1986.

Following a two-week trial before Judge Billy Joe Landrum in
Jones County Circuit Court, jurors returned a take-nothing
verdict for Union Carbide and the other companies, rejecting each
of Mr. Martin's claims of negligence, strict liability, design
defect, inadequate warning, negligent infliction of emotional
distress, and intentional infliction of emotional distress.

The verdict was delivered Sept. 9, 2009.

Marcy B. Croft, Esq., lead counsel from the Forman Perry defense
team representing Union Carbide, said, "We are very pleased about
the jurors' careful consideration of the facts in this case. We
maintained from day one that our client acted responsibly, and
this verdict is proof."

Ms. Croft worked in conjunction with National Trial Counsel Kevin
M. Jordan, Esq., of Baker Botts, LLP, and Michael G. Terry, Esq.,
of Hartline, Dacus, Barger, Dryer & Kern, LLP.

Mr. Martin was represented by Greg Jones, Esq., of the Texas firm
Franklin Cardwell & Jones; Robert Hammond of Hattiesburg, Miss.;
and Robert Sullivan of Laurel, Miss.


ASBESTOS UPDATE: Prosecution's Evidence v. Rheubottom Dismissed
----------------------------------------------------------------
U.S. District Court Judge Dana M. Sabraw, on Aug. 31, 2009,
dismissed prosecution's evidence against Kyle Rheubottom, who
supervised an excavation contracted by San Diego Gas & Electric
in 2000 that allegedly exposed some residents Lemon Grove,
Calif., to asbestos, voiceofsandiego.org reports.

Mr. Rheubottom, SDG&E and two of the utility's employees involved
in the excavation were first indicted by federal prosecutors in
2006 on charges of violating workplace asbestos standards.

San Diego County sued SDG&E in 2005 but dropped the case in lieu
of the federal prosecution. Residents have also talked about
filing civil litigation for health problems caused by airborne
asbestos chemicals.

The federal case was initially dismissed due to a poor
description of the asbestos-testing process in the indictment. In
2007, Mr. Rheubottom, SDG&E and one of the utility's employees
were convicted of violating workplace asbestos standards. Several
months later, the convictions were overturned and a new trial was
ordered.

On Aug. 20, 2009, the prosecution filed a request to change Mr.
Rheubottom's plea of not guilty. The court scheduled him to
appear before a judge and some residents of Lemon Grove received
an e-mail through a government-run victim's notification service.
The e-mail said Mr. Rheubottom was going to plead guilty.

In the preliminary stages of its new trial against the accused
parties, the prosecution resubmitted its samples of asbestos to
be considered as evidence in the proceedings. On Aug. 31, 2009,
Judge Sabraw ruled that none of the asbestos samples could be
admitted as evidence.

According to federal prosecutors, SDG&E and its contractor failed
to consider hazardous levels of asbestos in the excavation of a
16-acre site in Lemon Grove. Federal officials say the excavation
crews should have dampened the site and taken other actions to
prevent asbestos from traveling through the air. Attorneys for
the defense have disputed the amount of asbestos in the site's
materials.

Michael Lipman, Esq., Mr. Rheubottom's attorney, said, "They
don't have an asbestos case without any asbestos. I don't think
they have a case."

Shortly after the ruling, Mr. Rheubottom's change of plea hearing
was removed from the court calendar.

On Sept. 11, 2009, defense attorneys and the prosecution met with
Judge Sabraw to discuss how the case would proceed forward in
light of his ruling on the evidence.

The parties agreed to reconvene in four weeks to give the
prosecution more time to assess its options.


ASBESTOS UPDATE: Midtown Plaza Cleanup to be Finished in 1 Year
---------------------------------------------------------------
Asbestos abatement at Midtown Plaza in Rochester, N.Y., is
estimated to be completed in one year, 13WHAM reports.

In 2010, crews will be removing nearly 15,000 tons of materials
from Midtown Plaza. Most of those materials, including floor
tile, iron structures and drywall, contain asbestos.

A conference and tour on Sept. 10, 2009 was to assure the public
that the process is safe.

On the mall level, workers are getting rid of extras like old
display cases, furniture and trash cans. They will remove
asbestos-laden materials one floor at a time, sealing off certain
floors and walkways.

Removal techniques include wet removal, and negative air
pressure. Crews have also built decontamination units, and
officials will monitor air quality inside and outside the
building.

Once removed, the asbestos will be taken to certified landfills.
Officials say getting this done is critical.

Meredith Andreucci, Director of Business Development associated
with the Midtown Rising Project, said, "The last twenty years in
this community, I think the 'What to do about Midtown' question
has always been the issue of the high cost of the environmental
remediation standing in the way.

"So, absent any dollars or funds, today, we couldn't begin to
answer the questions of what do we want to do. So, now that this
is starting, this really is most significant in getting the
barriers out on what we want this site to be."

The city has received "legitimate" proposals for Midtown Tower,
which includes shops and a residential area.


ASBESTOS UPDATE: More Asbestos Discovered in Augusta Tissue Mill
----------------------------------------------------------------
The former Augusta Tissue Mill on the Kennebec River in Augusta,
Maine, has more asbestos than previously anticipated by
engineers, Mesothelioma reports.

The problem was first reported in June 2009.

In Augusta, the US$25,000 set aside by the city to remove that
asbestos has already been spent, according to City Manager
William Bridgeo, and the dismantling of the former mill complex,
known as Statler Tissue, is not completed.

The site has been filled with complications since its closure in
2001, when its owners, Ponderosa Paper Mill, decamped owing the
city about US$650,000 in taxes and interest, according to City
Clerk Barbara Wardwell.

Subsequently, Augusta Tissue mill acquired the property in 2005
via an economic development arrangement offered by community
activist group CSRA Help. In 2007, Augusta Tissue's prime
investor, Cordova, N.C.-based Laurel Hill Paper Co., unexpectedly
filed for Chapter 11.

In 2008, Select Product Group LP acquired the mill and proposed a
multimillion-dollar expansion that promised to create more jobs.

Operating the former Augusta Tissue mill as a napkin
manufacturing facility using 100-percent recycled paper, Vice
President and General Manager Frank Striplin said the operation
would add another production line in 2009 that would roughly
double the size of the plant at a cost of more than US$20
million.

The newest asbestos assessment, by Maine's Department of
Environmental Protection, identifies considerably more asbestos
than previously estimated by Lewiston-based Summit Environmental
Consultants Inc., and targets an actual cost closer to about
US$75,000.

Since the US$75,000 estimate for asbestos removal is almost
triple the amount estimated by Summit, and three times more than
the city budgeted for, Mr. Bridgeo and other city officials have
considered seeking redress from either Summit or its insurance
policy under an "errors and omissions" provision.

Demolition is now down to the last building on the site, the
boiler building. Originally scheduled for completion on Sept. 1,
2009, Mr. Bridgeo now says it may take until the middle of
September 2009.


ASBESTOS UPDATE: Amaca Pty's Exposure Claim v. Ipswich Underway
---------------------------------------------------------------
Amaca Pty Ltd's asbestos-related lawsuit filed against the city
council of Ipswich in Queensland, Australia, is underway, the
Australia Associated Press reports.

Amaca's case, filed in the District Court of Queensland, claims
the council was negligent in the 1970s for failing to protect
former employee Anthony Harry Cannon from asbestos-based building
materials allegedly made by the former James Hardie group.

The Australian said Mr. Cannon, who used asbestos cement sheeting
manufactured and supplied by the company between 1976 and 1978 in
his work as a carpenter, received AUD195,000 in damages from the
Asbestos Injuries Compensation Fund.

James Hardie Industries N.V. accuses the council of failing to
provide a safe place of work for Mr. Cannon, as well as failing
to provide adequate masks or respiratory protection.

A Company spokesman said it was not unusual for Amaca - a
building products maker formerly known as James Hardie and Coy -
to make a cross-claim when compensation was paid out.

The spokesman said, "They are a standard feature of asbestos
liability claims in Australia. In every claim that is made we
review the potential for recovery and other parties consider the
same thing."

Ipswich Mayor Paul Pisasale said the court action was "disgusting
and disgraceful," and the council would consider its legal
position. He said, "This is a company that should be building its
public image and not further destroying it."

Mr. Pisasale said he expected the council would launch a counter-
suit. He added, "They failed to notify what was in their product
- that they were dangerous."

Mr. Pisasale, who said he had yet to see the court papers, was
confident the council was currently using proper safety
procedures. He called on the Company to reconsider its action.


ASBESTOS UPDATE: Ex-Vibratech Site in Buffalo Cleared of Hazard
---------------------------------------------------------------
Workers with U.S. government environmental agencies declared the
now-closed Vibratech manufacturing plant in Buffalo, N.Y.,
cleared of asbestos and other hazardous materials,
MesotheliomaWeb.org reports.

The cleanup process took more than nine months and cost nearly
US$2 million.

The Company once used the plant to make equipment that reduced
the vibrations in tractor-trailer trucks and diesel locomotive
engines. Although workers have hauled away tons of toxic
substances, including asbestos, from the site, business and
government officials are still not sure as to what should become
of the building.

Kevin M. Matheis, the coordinator of the cleanup efforts with the
U.S. Environmental Protection Agency, said that the workers in
charge of the asbestos remediation as well as the decontamination
of the site from other toxic chemicals present there, have "done
all (they) can do."

Cleanup work on the 10-acre site began in October 2008. Months
later, crews removed almost four miles of pipes contaminated with
asbestos fibers.

Some parts of the facility were also used as a scrap yard for
older automobiles, many of which used asbestos as fireproofing
and insulation materials in doors, roofs and engine firewalls.


ASBESTOS UPDATE: Hazard Delays Demolition at Austin, Minn. Site
---------------------------------------------------------------
The discovery of asbestos delays the demolition of several
buildings in Austin, Minn., destroyed during a January 2009 fire,
MesotheliomaWeb.org reports.

The sites were scheduled for demolition in September 2009.

Austin City Public Works Director Jon Erichson said that those
occurrences are common and that the demolition plans have
accommodated for the potential of asbestos abatement and removal
in their scheduling.

Mr. Erichson added that after the asbestos has been safely
removed from the site, workers would excavate the existing soil,
and then fill the new holes with layers of topsoil and a sand-
like substance in order to insure that the area meets strict
environmental standards.

After that, workers will seed the new topsoil with grass seed to
maintain the soil cohesion and integrity.

Legal arguments between the city and the owner of the Mi Tierra
site, listed as Ms. Maria Leon, have bogged down any future plans
to restore the area.

The total costs to demolish the site are estimated to be well
over US$100,000, with almost US$10,000 going towards asbestos
remediation and removal.

As part of a court settlement in June 2009, Ms. Leon will be
expected to cover a substantial portion of the cleanup costs. In
return, the city has granted Ms. Leon and her attorneys the power
to look over and approve any bids and costs for restoring the
site as work progresses.

Before the court's ruling, Ms. Leon had previously refused to
clean up the site, in spite of several requests from city
officials who considered the site a hazard and an eyesore.

The fire occurred on Jan. 15, 2009 at the Mi Tierra Market.
Firefighters responded to several alarms at the former site of a
Hispanic grocery store. In February 2009, after an investigation
by police detectives and fire department specialists, city
officials announced that they had classified the fire as arson.

At this time, police have not yet named any suspects or announced
any leads in the case.


ASBESTOS UPDATE: Cleanup at Mile Lock Lane Plant in Pa. Ongoing
---------------------------------------------------------------
Project manager for Independence Excavating, Leo Slansky, said
that there are 40 workers from Precision Environmental who are
undertaking asbestos abatement and other environmental work at a
row of mill buildings along Mile Lock Lane in Brackenridge, Pa.,
Mesothelioma.com reports.

The former mill structures will be torn down in order to make way
for a brand-new US$1.5 million strip mill project. The buildings
along Mile Lock Lane began to be slowly torn. The work is being
done by workers for Independence Excavating of Independence,
Ohio.

Mr. Slansky said, "It is actually 26 different structures that we
are taking down to make room for the new building."

Allegheny Technologies Inc. spokesman Dan Greenfield that
sometime in 2010, the demolition will finally be complete.

A large amount of debris from the site will be recycled for use
in the new building. Mr. Slansky said, "They are looking to reuse
all of it. All the brick and concrete material will be crushed
and used . . . like gravel. They don't have any specific uses for
it yet, but they will stockpile it and use it as needed."


ASBESTOS UPDATE: Board Raises Asbestos Concerns on North School
---------------------------------------------------------------
Select Board members in Springfield, Vt., on Sept. 14, 2009, said
they were wary of accepting the North School and its nearby
recreational lands out of concern for the asbestos at the school,
the Rutland Herald reports.

Larry Kraft, chairman of the Springfield School Board, told the
Select Board the school had received a legal opinion that stated
the board could sell the North School and three other former
schools, and the School Board intended to sell them.

Mr. Kraft informally offered the school and the land to the
Select Board for US$1, but even at that low price there were no
takers.

The Select Board said it was worried about the costs of
maintaining the old school, which has been closed for about 20
years, and recent studies showed the site was laden with
asbestos.


ASBESTOS UPDATE: Morgan County Board OKs Cleanup for 5 Schools
--------------------------------------------------------------
The Morgan County Board of Education, on Sept. 15, 2009, approved
an asbestos abatement project for several schools in the county,
which is located in West Virginia, The Herald-Mail reports.

Maintenance Superintendent Alston Yost and Treasurer Nancy White
said Greenwood Elementary School, Great Cacapon Elementary and
Paw Paw High School are the top priorities.

Asbestos will need to be removed from five schools and the Board
of Education office building, formerly North Berkeley Elementary,
Ms. White said on Sept. 16, 2009. She said, "We are asking the
West Virginia School Board Authority for US$303,000."

The Morgan County Schools Capital Improvements Fund will cover
US$40,000 of the project's cost. All the buildings have some
asbestos in closets or under floors, Ms. White said.

The asbestos will be removed during the summer, Mr. Yost said.


ASBESTOS UPDATE: EPA & HHS to Spend $130Mil for Cleanup at Libby
----------------------------------------------------------------
The U.S. Environmental Protection Agency and the U.S. Department
of Health and Human Services plan to spend more than US$130
million on cleanup efforts and improving the health care system
in the Libby, Mont., area, Asbestos.com reports.

To date, about 400 Libby residents died from asbestos-related
diseases such as malignant mesothelioma. In addition to Libby,
the nearby town of Troy is also intended to benefit from the
public health emergency funds.

According to the HHS, about 500 people out of the 3,900 that
currently live in Libby and Troy have asbestos-related problems.
About 50 new cases are reported each year and nearly 2,000 people
in Libby have been affected by asbestos since the official
closing of W. R. Grace & Co.'s former vermiculite mine in 1990.

While the EPA has had the authority to announce a public health
emergency since 1980, the one declared for Libby and Troy is the
first of its kind.

The funds for the public health emergency will span over a five-
year period with the EPA contributing about US$125 million.
Another US$6 million will be spent by the HHS on medical
assistance.


ASBESTOS UPDATE: 15 Suits Filed in Madison From Aug. 31-Sept. 4
---------------------------------------------------------------
During the week of Aug. 31, 2009 through Sept. 4, 2009, about 15
new asbestos lawsuits were filed in Madison County Circuit Court,
Ill., The Madison St. Clair Record reports.

These cases are:

-- (Case No. 09-L-898) Eddie R. Bryan of Georgia, a member of
   the U.S. Navy, a car porter from, a laborer on Atlanta
   Dairies, a laborer at Lanthern Machinery, a salesman at WW
   Grainger, a driver at Marta Bus and a laborer at Pilgrim Mat
   Service, claims mesothelioma. Randy L. Gori, Esq., and Barry
   Julian, Esq., of Gori, Julian and Associates in Edwardsville,
   Ill., represent Mr. Bryan.

-- (Case No. 09-L-915) Mary E. Burnette of Illinois claims her
   deceased brother, James A. Hobbs, developed mesothelioma
   after his work as a laborer and electrician, as a mechanic
   and as a construction laborer from 1970 until 1973. Randy L.
   Gori, Esq., of Gori, Julian and Associates in Edwardsville,
   Ill., will represent Mrs. Burnette.

-- (Case No. 09-L-929) Rudolph W. and Opal E. Card of Nevada
   claim Mr. Card developed mesothelioma after his work as a
   warehouseman refurbishing Jeeps, as a truck and railroad
   maintenance worker, as a garbage man, as a maintenance and
   clean-up worker, as a boiler plant operator, as a painter and
   sandblaster, as a roustabout and general helper, as a
   shadetree mechanic from and as a backhoe operator. Randy L.
   Gori, Esq., of Gori, Julian and Associates in Edwardsville,
   Ill., will represent the Cards.

-- (Case No. 09-L-930) Richard L. and Sylvia Collins of Illinois
   claim Mr. Collins developed mesothelioma after his work as an
   accountant at the John Deere plant. Elizabeth V. Heller,
   Esq., and Robert Rowland, Esq., of Goldenberg, Heller,
   Antognoli and Rowland in Edwardsville, Ill., represent the
   Collinses.

-- (Case No. 09-L-911) Justin A. Derrico of Ohio, a cook,
   salesman, maintenance worker, art teacher and ceramic artist
   at various locations, claims mesothelioma. Myles L. Epperson,
   Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in
   East Alton, Ill., will represent Mr. Derrico.

-- (Case No. 09-L-899) Lee Marion and Elizabeth Cline of
   Arkansas claim Mr. Cline developed mesothelioma after his
   work as a laborer, machinist and lathe operator at Wagstaff
   Engineering, as a laborer and machinist at Cut Master, as a
   machinist for Cominco American, as a mechanic and supervisor
   at Abba Dabba and as a business representative for the
   International Association of Machinist Local 86. Randy L.
   Gori, Esq., of Gori, Julian and Associates in Edwardsville,
   Ill., represent the Clines.

-- (Case No. 09-L-906) Burnadette Fuwell of Missouri alleges her
   deceased husband, Buford R. Fuwell, developed mesothelioma
   after his work as a pipefitter, automobile mechanic and
   carpenter. Andrew O'Brien, Esq., Christopher Thoron, Esq.,
   Christina J. Nielson, Esq., Bartholomew J. Baumstark, Esq.,
   and Gerald J. FitzGerald, Esq., of O'Brien Law Firm in St.
   Louis will represent Mrs. Fuwell.

-- (Case No. 09-L-927) Edward Garrugus of Indiana, a laborer,
   administrator, fabricator, carpenter and auto salesman,
   alleges mesothelioma. G. Michael Stewart, Esq., and Jill
   Price, Esq., of Simmons, Browder, Gianaris, Angelides and
   Barnerd in East Alton, Ill., will represent Mr. Garrugus.

-- (Case No. 09-L-900) Walter O. Gosnell Jr. and Barbara Morgan
   Gosnell of Tennessee allege Mr. Gosnell developed
   mesothelioma after his work as a machinist mate and engine
   room operator for the U.S. Navy, as a medical technician at
   Margaret Pardee Hospital, as a medical technician and
   serology supervisor for the University of Tennessee and as a
   medical technician and microbiology supervisor at Morristown
   Hamblen Hospital. Randy L. Gori, Esq., of Gori, Julian and
   Associates in Edwardsville, Ill., represents the Gosnells.

-- (Case No. 09-L-926) Devereux Josephs of Colorado claims
   mesothelioma after his work as a management trainee, in
   financial analysis and controller of Industrial Insulations
   Division and Pipe Division. Christopher R. Guinn, Esq., Perry
   J. Browder, Esq., and John A. Barnerd, Esq., of Simmons,
   Browder, Gianaris, Angelides and Barnerd in East Alton, Ill.
   will represent Mr. Josephs.

-- (Case No. 09-L-924) Debora Mitchell of Virginia claims her
   deceased father, William Mitchell, developed mesothelioma
   after his work as a boilerman and inspector at various
   locations throughout Illinois and the United States. Randy S.
   Cohn, Esq., of Simmons, Browder, Gianaris, Angelides and
   Barnerd in East Alton, Ill., will represent Ms. Mitchell.

-- (Case No. 09-L-897) James Palella of New Hampshire alleges
   his deceased wife, Frances Palella, developed mesothelioma
   after she was secondarily exposed to asbestos fibers through
   her husband, who worked as an auto mechanic helper and as a
   mortgage broker. Randy L. Gori, Esq., and Barry Julian, Esq.,
   of Gori, Julian and Associates in Edwardsville, Ill.,
   represent Mr. Palella.

-- (Case No. 09-L-928) William R. Whitby Jr. and Shirley A.
   Whitby of Virginia allege Mr. Whitby developed mesothelioma
   after his work as a millwright at Silvania Industrial
   Corporation, as a millwright at Hercules Powder Factory, as a
   furnace worker, as an engine and boiler room worker and as a
   shade tree mechanic. Randy L. Gori, Esq., of Gori, Julian and
   Associates in Edwardsville, Ill., represent the Whitbys.

-- (Case No. 09-L-917) Michael D. Wiedmer of North Dakota claims
   his deceased father, Norman Wiedmer, developed lung cancer
   after his work as an operator at various locations. Robert
   Phillips, Esq., Perry J. Browder, Esq., and Rosalind M.
   Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and
   Barnerd in East Alton, Ill., will represent Michael Wiedmer.

-- (Case No. 09-L-923) Guy and Annette Wilkerson of Tennessee
   allege Mr. Wilkerson developed mesothelioma after his work as
   a seaman in the U.S. Navy, as a laborer, as a worker at
   Fuller Brush and as a minister. Randy L. Gori, Esq., and
   Barry Julian, Esq., of Gori, Julian and Associates in
   Edwardsville, Ill., represent the Wilkersons.


ASBESTOS UPDATE: J&C Owner Indicted for False Inspection Reports
----------------------------------------------------------------
A federal grand jury, on Sept. 17, 2009, indicted Calvin Burks,
the owner of J & C Environmental Services Inc., for making
fictitious asbestos inspection reports on St. Louis buildings set
to be demolished, the St. Louis Business Journal reports.

On Sept. 18, 2009, Acting U.S. Attorney Michael Reap said that
the 57-year-old Mr. Burks created 108 fake inspection reports for
demolition contractors and building owners and charged US$150 for
each report.

The reports were on letterhead from Precision Analysis Testing
Laboratory in St. Louis, even though Precision Analysis had not
conducted the asbestos analysis or testing, prosecutors said.

Mr. Burks copied the Precision Analysis letterhead from a
previous job and falsified the additional information provided in
the 108 reports, including the sample analysis of suspect
asbestos material, prosecutors said.

Mr. Reap added that Mr. Burks was indicted on three felony counts
of making false statements and one felony count of mail fraud.


ASBESTOS UPDATE: Keene State Teacher Charged for Cleanup Breach
---------------------------------------------------------------
The Cheshire County Court in New Hampshire indicted Lourdes
Ramirez-Crucellas, a language professor at Keene State College,
for illegally disposing of asbestos waste into KSC dumpsters, The
Equinox reports.

According to Mary Jensen, coordinator of sustainability programs
and recycling for KSC, said the person who empties the dumpsters
was the one to first notice the asbestos. She said that this
person must have noticed that the bags with the asbestos were not
campus bags, recognized that there was a problem and contacted
the environment health and safety person.

Ms. Jensen, with the help from other recycling staff members,
discussed what could be done to prevent Keene citizens from
abusing the KSC dumpsters. She said KSC has made the dumpsters
smaller and placed them inside the residence halls instead of
outside of them.

Also, if a dumpster is located outside of a building on campus,
it has been placed in a spot that is very visible to those on
campus and passing vehicles.

Ms. Jensen said that those involved in recycling at KSC have seen
a very significant decrease in illegal rubbish dumping since
these changes have been put in place.

Robin Dutcher said that the Human Resources department is in the
process of deciding what action the college will take on the
matter. When it comes to a faculty member, HR must follow the
staff member's contract and provide them with a hearing and due
process.

In regards to what will happen to Ms. Ramirez's job since charges
have been brought against her, Ms. Dutcher said, "In the past,
when the college has become aware of, or is informed that charges
have been filed against an employee, we consider the nature of
the charge and whether it suggests any potential threat to our
students or colleagues."

According to Ms. Dutcher the college reserves the right to decide
whether the employee continues to work during the court
proceedings or not.


ASBESTOS UPDATE: Woodford Ex-Builder's Death Linked to Exposure
---------------------------------------------------------------
A Sept. 15, 2009, inquest heard that the death of 69-year-old
former builder, Ron Bates, was linked to exposure to asbestos,
the Guardian reports.

Mr. Bates, 69, of Latchingdon Gardens, Woodford Bridge, England,
worked as a builder for 30 years at sites across east London, and
was regularly involved in the demolition of buildings.

In December 2008, Mr. Bates was taken to A & E at Whipps Cross
Hospital, in Leytonstone, suffering from breathlessness. The
staff initially suspected he had a severe chest infection but a
scan revealed a shadow on his lung and he was diagnosed with
malignant mesothelioma on Jan. 15, 2009.

Mr. Bates' condition deteriorated rapidly and he died in the
Margaret Centre, at Whipps Cross on April 27, 2009.

It is not known the exact date or location where Mr. Bates
breathed in the asbestos as he worked on so many different sites
over the years but coroner Dr. Elizabeth Stearns was satisfied
mesothelioma was the cause of death.

Dr. Stearns said malignant mesothelioma was more common than
usual in East London because of its industrial past, and Mr.
Bates would therefore have been treated by doctors who were
experienced at handling patients suffering from the disease. She
recorded a verdict of death by industrial disease.


ASBESTOS UPDATE: Jury Favors Ford, Garlock Sealing in Rehm Claim
----------------------------------------------------------------
A jury in Jefferson County Circuit Court in Jefferson County,
Ky., returned a verdict in favor of Ford Motor Company and
Garlock Sealing Technologies after a trial in which James Rehm, a
former millwright, said he developed mesothelioma from exposure
to asbestos in insulation and gaskets, FindLaw reports.

Mr. Rehm's attorney, Joe Satterley, Esq., of Sales & Satterley in
Louisville, Ky., says his client intends to appeal the verdict.
He said the trial judge wrongly allowed Ford to introduce hearsay
evidence and let Garlock substitute an expert witness at the last
minute.

Mr. Rehm worked as a millwright for Rapid Installations Inc. from
September 1977 through March 1981 in the Louisville area. His
work took him to various plants, including those owned by Ford,
General Electric Company, International Harvester, and Rohm &
Haas Company.

Mr. Rehm's duties included tearing out insulated pipes and
equipment and installing conveyor systems. He also said he
removed thousands of gaskets while working as a millwright and
identified Garlock as one of the gasket manufacturers. After
working for various elevator companies starting in 1981, Mr. Rehm
retired in 2001 because of his mesothelioma.

Although he claimed not to have been exposed to asbestos while
working as an elevator mechanic, records show Mr. Rehm made a
claim for such exposure against his last employer, Otis Elevator
Co., according to Chris Massenburg, Esq., of Swetman, Baxter &
Massenburg in Hattiesburg, Miss., who represented Garlock.

Mr. Massenburg said Garlock argued that Mr. Rehm had exposure to
amphibole asbestos from insulation and could have only received
low-dose exposure from the chrysotile asbestos in gaskets.

Judge A.C. McKacy Chauvin allowed Ford to admit evidence from
newspaper articles that contradicted Mr. Rehm's testimony as to
when he worked at the Ford plant, according to Mr. Massenburg.

Mr. Satterley said the newspaper evidence was hearsay and will
form one of the bases for Mr. Rehm's appeal.

The jury took less than an hour to return a verdict in favor of
both Garlock and Ford.

Mr. Massenburg said Mr. Rehm asked the jury to award more than
US$20 million, including punitive damages.

Mr. Rehm reached many confidential settlements with other
parties, according to Mr. Satterley.


ASBESTOS UPDATE: Lambeth's Council Launches Asbestos Action Plan
----------------------------------------------------------------
The Council in Lambeth, London, England, launched an action plan
to protect tenants and leaseholders from the health risks of
asbestos in their homes, Your Local Guardian.co.uk reports.

The Council created the plan after residents raised concerns
about safety issues surrounding asbestos in council housing
refurbishment.

The plan will see the development of an asbestos register for
some 36,000 Council-owned domestic properties, which both tenants
and leaseholders will be able to access to check whether homes
could have asbestos.

Guidelines for supporting residents affected by works involving
the harmful substance have also been drawn up.


ASBESTOS UPDATE: Aussie Treasurer OKs James Hardie's Restructure
----------------------------------------------------------------
Wayne Swan, the Treasurer of Australia, on Sept. 18, 2009,
approved James Hardie Industries N.V.'s corporate restructure,
which could see the Company relocate to Ireland, the Australian
Associated Press reports.

Mr. Swan approved the restructure as long as the Company met its
asbestos compensation commitments. He said, "I approve the
proposed corporate restructure of James Hardie Industries N.V.,
subject to strict assurances by James Hardie that this proposal
will not alter its binding commitments to make future payments to
the Asbestos Injuries Compensation Fund and enhances its ability
to make contributions in the medium to longer term."

On August 2009, former Hardie chief executive Peter Macdonald was
fined AUD350,000 and banned from directing a company for 15 years
over misleading statements about the Company's asbestos
compensation fund.

Smaller fines and bans were imposed on two other former James
Hardie executives and seven non-executive directors over the
compensation controversy.

The Company announced in June 2009 that it would shift to Ireland
in a bid to receive more favorable tax benefits than it currently
does with its domicile in the Netherlands. The Company moved from
Australia in 2001 but management said in August 2009 the
Netherlands domicile had become unsustainable.

With the move to Ireland, executives would also be able to spend
more time in the United States and Australia, the Company said,
an essential requirement during the current housing downturn that
has severely impacted James Hardie.

Shareholders backed the move to restructure James Hardie as a
European company, or Societas Europaea (SE), in August 2009. In
January 2010, they will vote on the Ireland relocation.


ASBESTOS UPDATE: N.Y. Contractor Facing Charges on SUNY Cleanup
---------------------------------------------------------------
Salvatore R. DePaola, a construction supervisor from Staten
Island, N.Y., faces federal charges for asbestos violations at
the State University of New York at New Paltz, SILive.com
reports.

The 55-year-old Mr. DePaola was also indicted in December 2008 on
manslaughter and criminally negligent homicide charges stemming
from the deadly 2007 fire at the former Deutsche Bank building in
Manhattan.

Mr. DePaola, who was a foreman at abatement subcontractor John
Galt Corp., is accused of environmental crimes connected to work
he did for New Jersey-based Milestone Environmental Services at
the SUNY New Paltz earlier this summer, the Albany Times Union
reported on Sept. 18, 2009. He was a senior asbestos supervisor
for the company.

After violations were discovered by the state Department of Labor
at the three dormitory halls where the work was being performed,
the Company was fired.

Mr. DePaola was arrested on Aug. 27, 2009 and appeared before a
U.S. Magistrate judge in Syracuse, N.Y., on Sept. 3, 2009. He is
free on a US$50,000 bond.

Mr. DePaola has pleaded not guilty and is awaiting trial. The 21-
year-old Espitia Oliveros, of Queens, N.Y., who also works for
Milestone Environmental, was also charged in case filed in
Syracuse.

Federal agents started a criminal investigation of Milestone
Environmental's asbestos-removal project at the school after
interviewing an asbestos control official with the state Labor
Department.

Several Clean Air Act violations involving asbestos were observed
by the Labor official during an inspection, including improperly
removing and storing asbestos.

Two Milestone employees were allegedly "covered" with highly
dangerous dry friable asbestos and the toxic material was also
visible all over the floor.


ASBESTOS UPDATE: EPA Crews Remove Hazard From Libby Golf Course
---------------------------------------------------------------
The U.S. Environmental Protection Agency is removing asbestos-
laced vermiculite dirt from nine holes of the Cabinet View
Country Club golf course in Libby, Mont., Asbestos.com reports.

Cabinet View Country Club Board Chairman Gene Chappell said,
"This project is going a lot better than we really thought,
because there's just a whole bunch of stuff when you start
tearing a golf course apart, but planning ahead of time, and
having the right things in place, it's really went well and I
can't thank those guys enough, because they've really done good."

According to Victor Ketellapper, EPA's Team Leader for the Libby
Asbestos Superfund Site, the crews are removing asbestos from
underneath the greens and tee boxes. Once the project is
complete, the EPA will provide funds to help restore the course
to its original condition.

The EPA plans to finish their work this fall and the country club
will then begin to modernize the older side of the course.

Dann Rohrer, a board member and high school golf coach, said,
"We'll go back starting next week rebuilding the tees and the
greens, and the exciting part is that we'll be able to re-build
it to PGA spec type greens, a little newer style greens."

The US$1.8 million excavation project is expected to be completed
by spring 2010.


ASBESTOS UPDATE: Manitowoc City to Clear Local Sites of Asbestos
----------------------------------------------------------------
Mayor Justin Nickels, of Manitowoc, Wis., said that the City will
clean up its beaches and the asbestos-contaminated Mirro
building, Mesothelioma.com reports.

Mayor Nickels said, "We looked at all the beachfronts and what we
can do with them and for them. We have miles of lakefront, and we
only have, really, right now, Red Arrow Beach."

Mayor Nickels plans to clean up four local beaches. The City has
permits to clean all four beaches, thanks to a deal with the
Wisconsin Department of Natural Resources.

Mayor Nickels also plans to tackle the contaminated Mirro
building, located downtown, which has been vacant since 2003,
when the Mirro Co. closed up shop.

According to Mayor Nickels, the U.S Environmental Protection
Agency has taken samples of asbestos and ground soil in and
around the building for analysis.

Demolishing the building would likely cost around US$5.5 million.
About US$3 million would be needed to dispose of contaminants and
US$2.5 million would be spent in order to knock the building
down.

Mayor Nickels says that he plans to work with Congressional
representatives and the federal government to get some federal
stimulus funds to help with the cost of the project.


ASBESTOS UPDATE: SA Gov't. Urged to Change Asbestos Payout Laws
---------------------------------------------------------------
Various groups are urging the South Australian Government to
change regulations for asbestos compensation, ABC News reports.

A rally was held at Largs Bay pushing for government action after
more than two years of lobbying. Victims' families, unions and
politicians, say the current regulations result in court delays
and must be changed.

Independent Senator Nick Xenophon says time is running out for
many South Australians. He said, "The death rates are far under-
reported because a lot of people that have lung cancers actually
are dying because of asbestos, but it's not reported that way.

"We're looking at a death rate in South Australia by 2020 that it
could be up to 300 people a year, almost one a day, because of
asbestos, because of mesothelioma and other asbestos related
diseases."


ASBESTOS UPDATE: Asbestos Halts CITIC Pacific's Iron Ore Project
----------------------------------------------------------------
Officials of the Australian Manufacturing Workers Union said that
a crisis meeting stopped work at CITIC Pacific's AUD5.2 billion
Sino iron ore project near Karratha, Western Australia, after
asbestos was found on site, WAtoday.com.au reports.

On Sept. 18, 2009, AMWU State Secretary Steve McCartney demanded
CITIC stop work at the site until fears over worker asbestos
exposure were addressed. Another AMWU spokesman has since
confirmed a mass meeting is taking place on site after asbestos
was found.

The spokesman said he understood 700-800 workers had downed
tools.

On Sept. 18, 2009, Mr. McCartney said workers digging trenches at
the Cape Preston site had found rocks that matched photographs
shown to them on safety training courses as being laden with
asbestos.

Mr. McCartney said that AMWU had contacted WorkSafe to have the
matter investigated, but had been told no WorkSafe inspector
would be available in the Pilbara for October 2009.

Mr. McCartney said, "The Minister for Mines needs to get WorkSafe
to halt work at the mine and order an immediate investigation to
ensure the lives of workers are not put at further risk by
exposure to deadly asbestos material."

Mr. McCartney said union officials tried to raise concerns with
CITIC but the company had refused to allow unions access to talk
to workers and investigate the asbestos concerns.

However, a spokesman for the Sino iron ore project said the AMWU
was denied access because it did not meet legislated right of
entry requirements.

Mr. McCartney said CITIC had refused to acknowledge a 2007 report
leaked to the AMWU showing high levels of asbestos readings at
the mine.

With an expected life of at least 25 years, the Sino project is
forecast to mine two billion tons of ore and export 27.6 million
tons of high-grade pellets and concentrate each year to steel
mills in China.

CITIC expects the first ore from the project to be mined in late
2010.


ASBESTOS UPDATE: Asbestos Drive Launched in Plymouth on Sept. 17
----------------------------------------------------------------
An asbestos campaign, led by law firm Bond Pearce, was launched
on Sept. 14, 2009 in Plymouth, England, to highlight the growing
number of asbestos victims and the "scandalous" treatment they
face, The Herald reports.

The campaign aims to raise awareness of mesothelioma. It will
also push for improvements in research and treatment of the
"silent epidemic" as well as changes in the law, which denies
patients and families compensation.

Plymouth has been highlighted as a hotspot for the disease, which
often affects former dockyard workers as well as other tradesmen.

Local MPs, consultants, nurses, patients and their families met
to consider how to tackle problems and inequalities.

Andrew Stinchcombe, head of industrial disease for Bond Pearce,
said, "We want to highlight the menace of mesothelioma and the
scandalous treatment of many victims of this lethal disease. We
have represented so many sufferers. Many were denied compensation
even though they were faultless.

"We are campaigning for changes in the law to deal with the
injustices that the victims of this silent epidemic suffer in the
South West and across the country."

Bond Pearce has links with American trust funds, which pay
compensation to British victims who worked at Devonport dockyard
on U.S. Navy warships.

The campaign will also call for a change in a law which denies
servicemen compensation, where civilians can claim. This includes
the Crown Proceedings Act 1987 which bars from suing the Ministry
of Defense for compensation before 1987.

Bond Pearce say further inequalities lie in a legal ruling which
means if exposure was prior to 1965, people are unable to claim
for physical injury from domestic exposure to asbestos dust
because the industry was said to be unaware of the risks.

Mr. Stinchcombe added, "Many other clients with mesothelioma have
died without any compensation because former employers
responsible for exposing them to asbestos have gone out of
business and left no insurance cover. The insurance industry has
been urged to help but more still needs to be done. The
Government could change the law."

The campaign also focuses on the need for further research in
asbestos-related conditions, including mesothelioma.

Justice Secretary Jack Straw, in 2009, said he wants to set up a
national research centre to study asbestos-related illnesses.


ASBESTOS UPDATE: Rochester Gives Info on Midtown Plaza's Cleanup
----------------------------------------------------------------
Officials from New York, the City of Rochester, and construction
companies working on the Midtown Plaza project gave a public
update on Sept. 18, 2009, ROCnow reports.

The work began early in September 2009 and will continue for
several months.

Besides some fencing that will go up around the site soon,
blocking and partially blocking some of the sidewalks adjacent to
the buildings, the public would not see much of the US$30 million
project, said Thomas Richards, corporate counsel for the City of
Rochester.

Traffic will increase as contained pieces of asbestos-laden
materials are removed by truck from the site, Mr. Richards said.
Even the presence of more than 200 workers will be easy to miss
as they will park in Midtown's underground garage and work mostly
inside.

Most of the work will be inside the complex of buildings, sealed
off by internal barriers meant to keep asbestos particles
contained in work areas.

Mike Donatelli, who said he owns a couple buildings in the area,
said the information he heard in the HSBC auditorium made him
feel even more comfortable about the process.

Mr. Richards said more public updates will be held in 2010 before
demolition starts, probably before mid-year.


ASBESTOS UPDATE: Court Dismisses Williams Action v. U.S. Govt.
--------------------------------------------------------------
The U.S. District Court, Eastern District of Michigan, Southern
Division, dismissed the asbestos case, which was styled Howard V.
Williams, Antonial Randle, Roy Robinson, David Green, Shawn
Mcdew, and Charles Petties, Plaintiffs v. United States
Government and FCI Milan, Defendants.

District Judge Patrick J. Duggan entered judgment in Case No.
2:09-cv-12707 on Aug. 4, 2009.

Howard V. Williams, a federal inmate currently incarcerated at
the Federal Correctional Institution in Milan, Mich. (FCI-Milan),
filed and signed the pro se complaint and filed an application to
proceed without pre-payment of fees and costs.

The complaint arose from alleged exposure to asbestos. Mr.
Williams alleged that he was employed as a boiler room attendant
and steamfitter for nine years while incarcerated at FCI-Milan.
He discovered asbestos in the areas where he worked. He was told
that the levels of asbestos were harmless.

Mr. Williams alleged that he currently suffered from various
health problems, including skin sores, chest pain, edema, and
headaches, which he attributed to asbestos exposure. The named
defendants were the United States of America and FCI-Milan.

Mr. Williams sought US$10 million.

The complaint was dismissed. The dismissal was with prejudice as
to Mr. Williams and without prejudice as to the remaining
plaintiffs.


ASBESTOS UPDATE: Supreme Court Issues Split Ruling in Stoll Case
----------------------------------------------------------------
The Supreme Court of Vermont issued split ruling in an asbestos-
related case styled Robert Stoll v. Burlington Electric
Department.

Judges Reiber, Dooley, Skoglund, Burgess, and Toor entered
judgment in Case No. 2008-051 on June 19, 2009. Judge Dooley
dissented.

Robert Stoll appealed the Chittenden Superior Court's dismissal
of his workers' compensation appeal for lack of jurisdiction.

For 26 years, Mr. Stoll worked for the Burlington Electric
Department, during which time he claimed to have been exposed to
asbestos. In August 2004, he was diagnosed with several
conditions caused by asbestos exposure.

Mr. Stoll filed a claim for workers' compensation benefits with
the Vermont Department of Labor and Industry in May 2005.

Before the Commissioner, appellee insurance companies sought a
ruling that the statute of repose in the Occupational Disease Act
(ODA) barred Mr. Stoll's claim. On Sept. 22, 2006, the
Commissioner granted the insurance companies' motions. On Oct.
23, 2006, the Commissioner forwarded Mr. Stoll's notice of appeal
of the Department's decision to Chittenden Superior Court.

Before the superior court, appellee insurance companies filed
motions for summary judgment. The superior court granted the
motions. Mr. Stoll appealed to this Court.

One month later, Mr. Stoll filed a motion with this Court
requesting that the Court grant him leave to file an untimely
direct appeal from the Commissioner's decision. The Court
reserved ruling on that motion until it considered the merits of
Mr. Stoll's appeal.

The superior court's order granting summary judgment to appellee
insurance companies was affirmed. Mr. Stoll's motions for leave
to file an untimely direct appeal from the Commissioner's
decision and to consolidate the appeals were denied.

Appellee CNA Insurance Company's motions to strike portions of
appellee Vermont Property and Casualty Insurance Guaranty
Association's and appellee Insurance Company of North America's
briefs were dismissed as moot.

Frank E. Talbott, Esq., of Mertz, Talbott & Simonds, PLC in
Burlington, Mass., represented Robert Stoll.

Richard R. Hennessey, Esq., of Theriault & Joslin, P.C. in
Montpelier, Mass., represented Defendants-Appellees City of
Burlington Electric Department and National Union Fire Insurance
Company.



ASBESTOS UPDATE: Hazard Prompts Closure of Fresno Building Site
---------------------------------------------------------------
Officials of Fresno, Calif., said that a construction project
inside the Fresno Police Department was stopped on Sept. 21, 2009
when officials found 90 employees may have been exposed to
asbestos, The Fresno Bee reports.

Crews were installing fire suppression equipment in two computer
rooms next to the department's Communications Center when
officials discovered that materials possibly containing asbestos
had been disturbed.

A City news release said the 90 employees had been working in the
area at various times during the installation work. Police
officials contacted the employees to advise them of the
situation. Meantime, the department's dispatch center was
temporarily relocated off-site.

On Sept. 14, 2009, the installation got underway in two closed
rooms housing telephone and computer equipment. Both rooms have
their own air units that are separated from the ventilation
system that is used for the rest of the building, the news
release said.

The news release added that workers and employees entering and
exiting the equipment rooms may have unknowingly transferred
debris, possibly containing asbestos, into the Communications
Center on their clothing.

When city staff discovered the problem during an inspection, work
was immediately halted and the relocation of the Communications
Center was initiated.

City officials have ordered environmental testing of the
Communications Center and equipment rooms to determine whether
asbestos or other contaminants were released.

Employees will be updated as soon as the results are known and
the facility will not be re-occupied until any identified
contamination is abated, the news release said.


ASBESTOS UPDATE: UConn Club Discovers Hazard in Hawley Basement
---------------------------------------------------------------
Several members of the University of Connecticut's Fencing club
recently discovered asbestos in the Hawley Armory's basement,
Mesothelioma & Asbestos Awareness Center reports.

The fencing club uses the Hawley Armory to store equipment.

The Club's vice president, John Kennedy, uncovered the asbestos
while cleaning out a storage area with other club members. He
noticed an insulated pipe running through the shed and the
surrounding basement.

The insulation around that pipe was damaged, and Mr. Kennedy
recognized that the insulation could contain asbestos. The
fencing equipment, along with the fencers' clothing, was
confiscated for examination by the fire department.

UConn Deputy Fire Chief Mancini said that his officers instructed
the club members to shower at the armory, and have their
roommates bring them fresh clothing to minimize the risk of
inhaling or transporting asbestos fibers from the scene.

According to Club treasurer, Benjamin Lee, UConn's Department of
Environmental Health and Safety contacted him later in the week
and revealed that the insulation at the site contained three
percent asbestos fibers.


ASBESTOS UPDATE: Sioux City Has Hazard Concerns on Vacant Bldg.
---------------------------------------------------------------
Council members in Sioux City, Iowa, raised concerns over a local
vacant apartment building, which is known to contain asbestos,
Mesothelioma & Asbestos Awareness Center reports.

City council members have been asked to approve a contract to
demolish the building. The company under consideration is Hebert
Construction, of Sioux City, who says they can demolish the site
for US$44,440.

The building, located at 400-412 1/2 14th Street, has been
declared a public safety issue by city officials.

Terry Nelson, inspections services manager, spoke at a press
conference held by the Mayor. He said the building's owner has
not taken care of the property.

According to the Woodbury County Assessor's website, the property
is owned by Jolanta Bankowska, of Oakland, Calif.


ASBESTOS UPDATE: Jacksonville Elementary Inspected for Asbestos
----------------------------------------------------------------
Jacksonville Elementary School, in Little Rock, Ark., is being
inspected for safety and building code violations, including the
potential presence of asbestos, Mesothelioma reports.

Led by senior city building inspector Martin Sanady, the
inspectors at the school found several other health and safety
violations in a letter to the Pulaski County Special School
District earlier in September 2009.

Gary Beck was a previous principal at the school and now acts as
the director of support services for the school district. He now
oversees the maintenance and repair of the 39 school buildings in
the district, including Jacksonville Elementary.

Mr. Beck said that all the buildings in the school district
undergo three inspections per year. The first comes before the
beginning of the school year, the second during the winter break
and the last one at the conclusion of the school year.

Mr. Beck stated that school district custodians could remove a
damaged tile and submit it for examination to county or state
authorities to determine the presence of asbestos. He also has
mentioned his thought that nearly all of the tiles used in the
building's flooring contain asbestos.

If inspectors later determine that the building has been
contaminated with asbestos, officials with the city, county and
school district will be forced into a difficult decision.

Since the school year is already underway, district officials
will have to decide if the students and teachers should be
relocated to another site, employ temporary buildings or cancel
the school year entirely in order to deal with the problem of
asbestos remediation.


ASBESTOS UPDATE: Alpena Council to Check Water Pipes for Hazards
----------------------------------------------------------------
The Municipal Council of Alpena, Mich., on Sept. 21, 2009, agreed
to test the City's water for the presence of asbestos, The Alpena
News reports.

City Engineer Rich Sullenger presented the Council with a testing
method developed by Mike Glowinski, utilities manager for United
Water - the company the City contracts with to provide water
service.

The method will have the City testing water from 30 percent of
the City's asbestos-cement pipes, or 11 of 34 blocks with the
piping. Four sites will be tested with each test costing US$150
for a total bill of US$600. Testing all areas with the piping
would cost the city US$5,100.

The council voted 3-1 to approve the testing, with Councilman
David Karschnick representing the lone vote against. Councilman
Shawn Sexton said the testing should bring peace of mind to
concerned residents.

Mr. Karschnick has opposed the testing since the discussion
began. At the council's Sept. 7, 2009 meeting, Mr. Sullenger
reported on testing the Michigan Department of Environmental
Quality does in various locations throughout the state.

Many of those test areas had asbestos piping make up over half of
their water distribution system and none were close to exceeding
allowable limits of asbestos in water.

Asbestos-cement pipes make up 3.91 percent of Alpena's water
distribution system.


ASBESTOS UPDATE: Ex-James Hardie Execs to Appeal Ruling in 2010
---------------------------------------------------------------
Lawyers for former James Hardie Industries N.V. directors, on
Sept. 21, 2009, told an Australian court that the directors will
appeal (in 2010) against Justice Ian Gzell's April 2009 ruling
over asbestos compensation, The Age reports.

THE question of whether the Hardie board approved a misleading
media release about asbestos compensation in 2001 will be
examined again in the New South Wales Court of Appeal in 2010.

These directors will appeal against Justice Gzell's ruling by
attacking his conclusions about what happened at the February
2001 board meeting in the absence of direct evidence.

They also raised the 11th-hour decision by the Australian
Securities and Investments Commission not to call three witnesses
who attended the meeting as advisers and disputed Justice Gzell's
findings about the seriousness of the breaches of duty by the
directors.

These and other complaints of "manifest error" in the judgment
were foreshadowed when former non-executive directors Dan
O'Brien, Michael Gillfillan and Martin Koffel asked the court to
stay orders disqualifying them from company directorship until
the outcome of their appeals was known.

Justice Murray Tobias decided against the stay applications from
Mr. Gillfillan and Mr. Koffel, who live in the United States.
Their barrister, Tom Bathurst, QC, said he would not present any
"specific evidence of prejudice" that his clients would suffer if
they were banned from serving on the boards of Australian
companies for 2010.

Justice Tobias reserved his decision about Mr. O'Brien, who lives
in Melbourne and earns AUD240,000 a year from his directorships
of two companies listed on the Australian Securities Exchange,
agricultural biotechnology company Hexima, which he chairs, and
engineering services company Thomas & Coffey.

Mr. O'Brien's barrister, Peter Wood, said there would be no
remedy to the prejudice his client would suffer if the ban
imposed by Justice Gzell came into effect and his appeal later
succeeded.

Hexima and Thomas & Coffey would appoint permanent replacement
directors, Mr. Wood said.


ASBESTOS UPDATE: Bury St Edmunds Local's Death Linked to Hazard
---------------------------------------------------------------
A Sept. 16, 2009 inquest, at the Active Business Centre, heard
that the death of 85-year-old Helmut Zygrfyd Nawrot, of Bury St
Edmunds, Suffolk, England, was linked to exposure to asbestos,
the Bury Free Press reports.

Mr. Nawrot died on Jan. 23, 2009 at the Municipal Hospital, in
Katowice, Poland, after falling ill following travelling to the
country in December 2008.

The inquest heard that Mr. Nawrot served in the Polish army and
was demobbed while stationed at Rougham. Following his wife's
death, Mr. Nawrot increased his visits to family in Poland.

A statement from Mr. Nawrot's son, Alan, said that his father
telephoned him in January 2009 to tell him he was in hospital.
His breathing sounded labored, but he did not think it was a
life-threatening condition.

The inquest was told Mr. Nawrot had been a fit man and played
table tennis into his retirement. He had worked at Greene King,
where he covered all aspects of maintenance engineering.

A colleague who worked at Greene King from 1964 until the 1990s
said in a statement that Mr. Nawrot was exposed to asbestos
during annual boiler overhauls.

Coroner Dr. Peter Dean said a post-mortem examination confirmed
that the cause of death was pleural mesothelioma and recorded a
verdict of death from an industrial disease.


ASBESTOS UPDATE: Australian Union Calling for National Registry
---------------------------------------------------------------
The Australian Workers' Union is calling for the creation of a
registry of buildings containing asbestos and for a 20-year
removal program, AboutMesothelioma.Net reports.

AWU's national secretary, Paul Howes, called for a new national
strategy to identify and remove asbestos from all homes, schools
and worksites by 2030, The Australian newspaper reported.

Mr. Howes conceded that the Workers Union and other unions shared
responsibility for the failure to act to limit exposure to
asbestos in the 1950s, 1960s and 1970s.

A report by Safe Work Australia, which develops national policy
on occupational health and safety issues, said the number of new
cases of mesothelioma diagnosed annually in Australia had
increased dramatically since at least 1982, the first year of
complete national data.

In 2006, the most recent year of complete data, there were 486
deaths attributed to mesothelioma in Australia, the Safe Work
report said.

The Safe Work report said the age-adjusted death rate in
Australia due to mesothelioma was 23 deaths per million
population.

That compares to a U.S. rate of about 14 deaths per million,
according to a study by the National Institute of Occupational
Safety and Health.


ASBESTOS UPDATE: District Court Issues Split Ruling in Montello
---------------------------------------------------------------
The U.S. District Court, Northern District of Oklahoma, issued
split rulings in the case involving asbestos styled Montello,
Inc. Allen J. Johnson, and Leo A. Wooldridge, Plaintiffs v. The
Travelers Indemnity Company, Defendant.

Chief Judge Claire V. Egan entered judgment in Case No. 09-CV-
0187-CVE-TLW on Aug. 10, 2009.

Plaintiffs requested leave to add Metlife Insurance Company of
Connecticut as a party. The Travelers Indemnity Company opposed
plaintiffs' motion, and stated that plaintiff can obtain complete
relief without joining a new party.

On March 16, 2009, plaintiffs filed this case in the District
Court of Tulsa County, Okla., against Travelers and The Travelers
Insurance Company. They alleged that defendants entered a
settlement agreement with plaintiffs in 1992 to resolve
plaintiff's claims of breach of contract and bad faith arising
under an insurance policy.

In the settlement agreement, defendants allegedly agreed to
defend Montello, Inc. from claims brought by third parties for
injuries caused by Montello's use of asbestos. On April 6, 2009,
defendants removed the case to this Court.

The Court dismissed The Travelers Insurance Company as a party.
Plaintiffs filed a motion to reconsider stating that The
Travelers Insurance Company is now known as Metlife, and asked
the Court to reinstate The Travelers Insurance Company as a
party.

The Court denied plaintiffs' motion to reconsider, but entered an
order clarifying that plaintiffs could file a motion to amend to
join Metlife as a party within the deadline set by the scheduling
order.

Plaintiffs filed a timely motion to amend their complaint to add
Metlife as a party. Plaintiffs had also filed a motion for
partial summary judgment seeking a declaration that Travelers'
billing guidelines for outside counsel violated the Oklahoma
Rules of Professional Conduct and did not apply to Montello.

It was ordered that Plaintiff's Motion Seeking Leave to Amend
Complaint to Add Defendant Metlife Insurance Company of
Connecticut was granted.

It was further ordered that the Motion for Partial Summary
Judgment of Plaintiffs, Montello, Inc., Allen J. Johnson and Leo
A. Wooldridge, and Brief in Support was moot.

Andrew Stuart Hartman, Esq., Jack Cameron Moore, Esq., of
Hartman, Blackstock & Moore in Tulsa, Okla., represented
Montello, Inc., Allen J. Johnson, and Leo A. Wooldridge.

Courtney Elizabeth Ervin, Esq., J. Wiley George, Esq., of Andrews
& Kurth in Houston, Erin K. Dailey, Esq., Timothy Alan Carney,
Esq., of Gable & Gotwals in Tulsa, Okla., represented The
Travelers Indemnity Company.


ASBESTOS UPDATE: Court OKs Fireman's Fund Summary Judgment Bid
--------------------------------------------------------------
The U.S. District Court, Western District of Washington, at
Seattle, granted Fireman's Fund Insurance Company's motion for
summary judgment in an asbestos case involving Weyerhaeuser
Company.

U.S. District Judge Athomas S. Zilly entered judgment in Case No.
C08-1037Z on Aug. 10, 2009.

This matter came on Third Party Defendant Fireman's Fund
Insurance Company's Motion for Summary Judgment.

In May 2007, Weyerhaeuser settled three asbestos lawsuits. The
three plaintiffs in the suits alleged injury from asbestos.
Weyerhaeuser sought reimbursement for those settlements
(Underlying Liabilities) from several of its liability insurers.

In July 2008, Weyerhaeuser sued The Insurance Company of the
State of Pennsylvania (ISOP) to enforce an "Umbrella Policy" that
allegedly attached above a primary-layer policy issued by
Fireman's Fund Insurance Company. On May 28, 2009, the Court
dismissed Weyerhaeuser's claims against ISOP.

On Aug. 15, 2008, ISOP brought a third-party complaint against
three insurance companies, including Fireman's Fund, alleging
claims for contribution. Fireman's Fund moved for summary
judgment on ISOP's claim for contribution against Fireman's Fund.

Weyerhaeuser settled the first asbestos lawsuit on May 14, 2007,
and the second and third lawsuits on May 30, 2007. After settling
the lawsuits, Weyerhaeuser sent Fireman's Fund letters requesting
reimbursement for the defense and indemnity costs incurred by
Weyerhaeuser in connection with the asbestos lawsuits. In the
Sept. 28, 2007 Letter regarding the first asbestos lawsuit,
Weyerhaeuser tendered the claim "to the 1975 policy year of
Fireman's Fund policy number LC1675400," and made no mention of
any other Fireman's Fund policy.

In the Oct. 30, 2007 Letter regarding the second and third
asbestos lawsuits, Weyerhaeuser tendered the claim to Fireman's
Fund "to the extent that the underlying Fireman's Fund coverage
is not exhausted" by the claim regarding the first asbestos
lawsuit.


Fireman's Fund reimbursed Weyerhaeuser for a portion of the
Underlying Liabilities under the Fireman's Fund LC1675400 Policy
for the 1975 policy year.

The Court dismissed with prejudice ISOP's claim against Fireman's
Fund for contribution. The Court also denied ISOP's requests for
further discovery.


ASBESTOS UPDATE: Guy and Brock Summary Judgment Denied in Turner
----------------------------------------------------------------
The U.S. District Court, Southern District of Mississippi,
Western Division, denied the first Motion for Summary Judgment
filed by William Guy and Thomas Brock in an asbestos case
involving Warren E. Turner, Jr.

The case is styled Illinois Central Railroad Company, Plaintiff
v. Warren E. Turner, Jr., et al., Defendants.

U.S. District Judge David Bramlette entered judgment in Civil
Action No. 5:07cv18-DCB-JMR on Aug. 6, 2009.

This matter came on a Motion for Summary Judgment filed by
William Guy and Thomas Brock.

The plaintiff in this case was Illinois Central Railroad Company.
The first defendant was Warren R. Turner, Jr., a former plaintiff
in an asbestos-related lawsuit against Illinois Central styled
Elbert Eakins, et al. v. Illinois Central Railroad Co., No.2001-
65. The other two defendants were Guy and Brock, Mr. Turner's
counsel in the Eakins action.

The Eakins action was filed by Guy and Brock in the Circuit Court
of Jefferson County, Miss., in 2001. About 175 plaintiffs,
including Mr. Turner, sought to recover from Illinois Central for
injuries they sustained as a result of their exposure to asbestos
during employment with the railroad. IC and Guy and Brock reached
a settlement in the Eakins action in August 2002.

In January 2004, Illinois Central discovered that Fred Tyler,
another of the plaintiffs in the Eakins action, provided
inaccurate information on his Pulmonary Questionnaire. Upon this
discovery, Guy and Brock voluntarily dismissed Mr. Tyler from the
Eakins case.

Illinois Central instituted the instant action in this Court on
Nov. 22, 2006, by filing a complaint against Mr. Turner. Illinois
Central pleaded a single fraud claim against Mr. Turner and
sought a judgment for US$120,000.00, attorney fees, expenses,
punitive damages, and pre- and post-judgment interest as relief.

Illinois Central deposed Mr. Turner on Jan. 10, 2008. At that
time, Mr. Turner testified that prior to his settlement in the
Eakins action he had informed Guy and Brock, his attorneys in the
Eakins action, of his prior involvement in the Cosey litigation.
Soon thereafter, Illinois Central sought leave to file an amended
complaint to add Guy and Brock as defendants in its pending fraud
action. On Feb. 1, 2008, Magistrate Judge Roper entered an order
granting Illinois Central's request.

Illinois Central filed its First Amended Complaint on February 4,
2008. Therein, IC maintained its original fraud claim against
Turner. As to Guy and Brock, Illinois Central brought one count
of fraud and one count of breach of the duty of good faith and
fair dealing.

On Dec. 8, 2008, Guy and Brock filed their first motion for
summary judgment wherein they argued that Illinois Central's
claims were barred by the applicable statute of limitations.
Illinois Central filed its response in opposition on Jan. 8,
2009.

Guy and Brock filed their rebuttal on May 15, 2009. A surreply
was filed by Illinois Central on June 16, 2009. Guy and Brock
filed a surrebuttal on June 25, 2009. This motion and all
responses were now before the Court.

Tanya D. Ellis, Esq., of Forman, Perry, Watkins, Krutz & Tardy
represented Illinois Central Railroad Company.


ASBESTOS UPDATE: Guy & Brock Summary Judgment Denied in Harried
---------------------------------------------------------------
The U.S. District Court, Southern District of Mississippi,
Western Division, denied the first Motion for Summary Judgment
filed by William Guy and Thomas Brock (Guy and Brock) in an
asbestos case involving Willie R. Harried.

The case is styled Illinois Central Railroad Company, Plaintiff
v. Willie R. Harried, et al., Defendants.

U.S. District Judge David Bramlette entered judgment in Civil
Action No. 5:06cv160-DCB-JMR on Aug. 6, 2009.

The plaintiff in this case was Illinois Central Railroad Company.
The first defendant was Willie Roy Harried, a former plaintiff in
an asbestos-related lawsuit against Illinois Central filed by
Elbert Eakins and others. The other two defendants were Guy and
Brock, Mr. Harried's counsel in the Eakins action.

Guy and Brock filed the Eakins action in the Circuit Court of
Jefferson County, Miss., in 2001. About 175 plaintiffs, including
Mr. Harried, sought to recover from Illinois Central for injuries
they sustained as a result of their exposure to asbestos during
employment with the railroad. IC and Guy and Brock reached a
settlement in the Eakins action in August 2002.

In January 2004, Illinois Central discovered that Fred
Tyler, another of the plaintiffs in the Eakins action, had
provided inaccurate information on his Pulmonary Questionnaire.
Upon this discovery, Guy and Brock voluntarily dismissed Mr.
Tyler from the Eakins case.

Illinois Central then instituted the instant action in this Court
on Nov. 22, 2006, by filing a complaint against Mr. Harried.
Illinois Central pleaded a single fraud claim against Mr. Harried
and sought a judgment for US$90,000.00, attorney fees, expenses,
punitive damages, and pre-and post-judgment interest as relief.

Illinois Central alleged that it was defrauded by Mr. Harried
when, in answering a sworn questionnaire during the settlement of
the Eakins case.

As part of discovery in the case, IC deposed Mr. Harried on May
15, 2007. At that time, Mr. Harried testified that prior to his
settlement in the Eakins action he ha informed Guy and Brock, his
attorneys in the Eakins action, of his prior involvement in the
Cosey litigation. Illinois Central then sought leave to file an
amended complaint to add Guy and Brock as defendants in its
pending fraud action.

On Jan. 10, 2008, this Court entered an order granting Illinois
Central's request.

Illinois Central filed its First Amended Complaint on Jan. 17,
2008. Therein, IC maintained its original fraud claim against Mr.
Harried. As to Guy and Brock, Illinois Central brought one count
of fraud and one count of breach of the duty of good faith and
fair dealing.

On Dec. 8, 2008, Guy and Brock filed their first motion for
summary judgment wherein they argued that Illinois Central's
claims were barred by the applicable statute of limitations.
Illinois Central filed its response in opposition on Jan. 8,
2009. Guy and Brock filed their rebuttal on May 15, 2009.

A surreply was filed by Illinois Central on June 16, 2009. Guy
and Brock filed a surrebuttal on June 25, 2009. This motion and
all responses were now are before the Court.

On May 15, 2009, Guy and Brock filed their second motion for
summary judgment. Mr. Harried joined the motion on June 11, 2009.

Tanya D. Ellis, Esq., of Forman, Perry, Watkins, Krutz & Tardy in
Jackson, Miss., represented Illinois Central Railroad Company.


ASBESTOS UPDATE: Ohio Court Upholds Ruling in Farnsworth Action
---------------------------------------------------------------
Court of Appeals of Ohio, Eighth District, Cuyahoga County,
affirmed the ruling of the Cuyahoga County Common Pleas Court,
which administratively dismissed an asbestos case filed by Robert
and Betty Farnsworth.

The case is styled Robert Farnsworth, et al., Plaintiffs-
Appellants v. Allied Glove Corporation, et al., Defendants-
Appellees.

Judges Mary J. Boyle, James J. Sweeney, and Mary Eileen Kilbane
entered judgment in Case No. 91731 on Aug. 6, 2009.

Mr. Farnsworth was diagnosed with lung cancer in December 2005.
The Farnsworths filed an asbestos-related claim in July 2007,
alleging that Mr. Farnsworth's occupational exposure to asbestos
at Ormet Aluminum Corporation, where he was employed from 1958
until 1997, caused him to develop asbestosis first and later,
lung cancer.

The Farnsworths named 25 defendants in the complaint, as well as
"John Does 1-100 Manufacturers, Sellers or Installers of
Asbestos-Containing Products."

In February 2008, defendants moved to administratively dismiss
the case, arguing that Mr. Farnsworth was a smoker. They
maintained that because Mr. Farnsworth was a smoker, plaintiffs
were required to establish a prima facie case through competent
medical authority, which they failed to do.

The trial court found that Robert was a smoker and granted
defendants' motion to administratively dismiss the case. It is
from this judgment that the Farnsworths appealed.


ASBESTOS UPDATE: Court Denies Anderson's Bid in Alfa Laval Case
---------------------------------------------------------------
The U.S. District Court, Eastern District of Pennsylvania, denied
Barbara Anne Anderson's "Motion for Leave to File Amended
Pleading" in an asbestos case styled Barbara Anne Anderson,
Plaintiff v. Alfa Laval, Inc., et al., Defendants.

U.S. Magistrate Judge David R. Strawbridge entered judgment in
Civil Action No. MDL 875, EDPA Civil Action No. 07-cv-63839, and
E.D. Va. No. 3:07-cv-00068 on Aug. 5, 2009.

Presently before the Court is the "Motion for Leave to File
Amended Pleading" filed by Barbara Anne Anderson on June 10,
2009, the timely responses filed by Bondex International, Inc.,
RPM Inc. and RPM International and by Georgia-Pacific
Corporation, both filed on June 24, 2009, the "Notice of
Adoption" of Bondex's response filed by Union Carbide Corporation
on June 25, 2009 and Ms. Anderson's reply filed on July 6, 2009.

Oral argument was heard upon the motion on July 16, 2009. The
motion sought leave to amend the initial complaint (Initial
Complaint), which was filed in Virginia state court on Oct. 26,
2006. Defendants asserted that the proposed amendment should not
be permitted given asserted undue delay in its filing, and would
be legally futile in any event.

Ms. Anderson alleged that she contracted "pleural mesothelioma"
as a result of exposure to asbestos.

This case was initially filed in the Richmond Circuit Court on
Oct. 26, 2006, and was then removed to the U.S. District Court
for the Eastern District of Virginia. It was transferred to this
Court on April 23, 2007 as part of multidistrict litigation
docket 875.

Although Ms. Anderson had filed a "Motion for Remand" on March 2,
2007 along with a "Memorandum in Support of Her Motion for
Remand," that motion was "deemed denied without prejudice" and
was not renewed.

By amended Order of Referral dated June 17, 2009 and issued by
Judge Eduardo C. Robreno, this case was referred to this Court.
Ms. Anderson filed the "Motion for Leave to File Amended
Pleading" presently before this court on June 10, 2009.

The timely responses filed by Bondex and Georgia-Pacific, Union
Carbide's "Notice of Adoption" of Bondex's reply, and Ms.
Anderson's reply were denied.


ASBESTOS UPDATE: Court Reverses Ruling in Van Landingham Action
---------------------------------------------------------------
The Court of Appeals of Kentucky reversed the ruling of the
Pulaski Circuit Court in an asbestos case styled Paul T. Van
Landingham, Appellant v. Georgia-Pacific Corporation; Clay-Ingels
Company; and Union Carbide Corporation, Appellees.

Judges Caperton, Thompson, and Wine entered judgment in Case No.
2007-CA-002601-MR on Aug. 14, 2009.

Paul T. Van Landingham appealed an opinion and order granting
summary judgment in favor of Georgia-Pacific Corporation, Clay-
Ingels Company, and Union Carbide Corporation.

Mr. Van Landingham worked as a drywall, tile and plaster worker
from 1960 until he retired in 1997. During this time he worked
for his father's company, Van Landingham Tile and Terrazzo
Company, and for his own company, Kentucky Mosaics.

Van Landingham worked as a subcontractor on numerous job sites in
eastern and southern Kentucky where Georgia-Pacific and Union
Carbide supplied asbestos-containing materials. Most of the
plaster products that Van Landingham Tile and Terrazzo Company
purchased directly during this period were from Clay-Ingels.

Mr. Van Landingham developed an asbestos-related disease from his
workplace exposure to asbestos during these years.

Mr. Van Landingham sued the appellees and other defendants on
April 17, 2003, in Jackson Circuit Court. The complaint included
claims based in strict liability, tort, negligence, and breach of
the implied warranty of merchantability. Extensive discovery was
conducted on both sides, including numerous depositions.

On Sept. 13, 2006, Georgia-Pacific filed a motion for summary
judgment. Union Carbide and Clay-Ingels, who also filed separate
motions for summary judgment, joined in the motion.

On Jan. 5, 2008, after the dismissal of certain defendants, the
case was transferred to the Pulaski Circuit Court because of lack
of venue in Jackson County as to the remaining defendants. As of
that date, the Jackson Circuit Court had not yet ruled on the
motions.

On Oct. 20, 2007, the Pulaski Circuit Court heard arguments on
the pending motions for summary judgment. Summary judgment was
granted by an opinion and order of the court dated Nov. 26, 2007,
on the grounds that the action was barred by the applicable
statute of limitations.

Paul J. Kelley, Esq., Kenneth L. Sales, Esq., Joseph D.
Satterley, Esq., in Louisville, Ky., represented Paul T.
Landingham.

Lisa C. DeJaco, Esq., Rebecca F. Schupbach, Esq., in Louisville,
Ky., A. Timothy Jones, Esq., Eric A. Ludwig, Esq., in Atlanta,
Jon B. Orndorff, Esq., in Huntington, W.Va., represented Georgia-
Pacific Corporation, Clay-Ingels Company, and Union Carbide
Corporation.

ASBESTOS UPDATE: 27 Lawsuits Filed in Madison From Sept. 8 to 11
----------------------------------------------------------------
During the week of Sept. 8, 2009 through Sept. 11, 2009, a total
of 27 new asbestos-related lawsuits were filed in Madison County
Circuit Court, Ill., The Madison St. Clair Record reports.

These lawsuits are:

-- (Case No. 09-L-942) Leslie Arp of Illinois, an insulator,
   claims colon cancer. Randy L. Gori, Esq., and Barry Julian,
   Esq., of Gori, Julian and Associates in Edwardsville, Ill.,
   will represent Mr. Arp.

-- (Case No. 09-L-945) Christine Blackmon of Alabama claims
   mesothelioma. She was exposed to asbestos fibers through her
   husband, who was a carpenter at Brasfield and Gorrie
   Construction. Randy L. Gori, Esq., and Barry Julian, Esq., of
   Gori, Julian and Associates in Edwardsville, Ill., will
   represent Mrs. Blackmon.

-- (Case No. 09-L-957) Andrew W. Brule of New York, a laborer
   and foreman, claims lung cancer. Robert Phillips, Esq., Perry
   J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mr. Brule.

-- (Case No. 09-L-955) Debby Canarini of Indiana claims her
   deceased husband, Sargio Canarini, developed lung cancer
   after his work as a laborer, iron worker, engineer and home
   remodeler. Robert Phillips, Esq., Perry J. Browder, Esq., and
   Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris,
   Angelides and Barnerd in East Alton, Ill., will represent
   Mrs. Canarini.

-- (Case No. 09-L-972) Ezra and Emma Crawmer of Missouri claims
   Mr. Crawmer developed mesothelioma after his work as a
   carpenter. Timothy F. Thompson Jr., Esq., and Ryan J. Kiwala,
   Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in
   East Alton, Ill., will represent the Crawmers.

-- (Case No. 09-L-968) Kathryn and Ronald Dehning of Iowa claim
   Mrs. Dehning developed mesothelioma after her work with
   molding compounds and plastics and as a member of the
   machinists' union. Randy L. Gori, Esq., and Barry Julian,
   Esq., of Gori, Julian and Associates in Edwardsville, Ill.,
   will represent the Dehnings.

-- (Case No. 09-L-952) Christina Eaken of Illinois claims her
   deceased father, Donald Creamer, developed lung cancer after
   his work as a laborer, electrician and home remodeler. Robert
   Phillips, Esq., Perry J. Browder, Esq., and Rosalind M.
   Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and
   Barnerd in East Alton, Ill., will represent Mrs. Eaken.

-- (Case No. 09-L-938) Donald Fallin of Louisiana, a painter and
   repairman, claims lung cancer. Robert Phillips, Esq., Perry
   J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mr. Fallin.

-- (Case No. 09-L-963) Bonnie Harrison claims the deceased
   Luralove Stripling developed mesothelioma after her work as a
   teacher. Robert Phillips, Esq., Perry J. Browder, Esq., and
   Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris,
   Angelides and Barnerd in East Alton, Ill., will represent Ms.
   Harrison.

-- (Case No. 09-L-969) William L. Hawkins of Washington, D.C.,
   claims his deceased mother, Kathleen Porter-Hawkins,
   developed mesothelioma after her work at Norfolk Naval Base
   and Shipyard, with Bethlehem Steel, at American Silk Mill and
   at Gordonsville Industries. Elizabeth V. Heller, Esq., and
   Robert Rowland, Esq., of Goldenberg, Heller, Antognoli and
   Rowland in Edwardsville, Ill., will represent Mr. Hawkins.

-- (Case No. 09-L-962) Marshall J. and Emma Hooks of Georgia
   claim Mr. Hooks developed mesothelioma after his work at Auto
   Paints and Supplies and as a grab truck driver and millwright
   for International Paper Company. Elizabeth V. Heller, Esq.,
   and Robert Rowland, Esq., of Goldenberg, Heller, Antognoli
   and Rowland in Edwardsville, Ill., will represent the Hooks.

-- (Case No. 09-L-953) Linda Iannone of New Jersey claims her
   deceased husband, John Iannone, developed lung cancer after
   his work as a laborer, wire assembler, dispatcher, material
   handler, bench hand, layout operator and home remodeler.
   Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind
   M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides
   and Barnerd in East Alton, Ill., will represent Mrs. Iannone.

-- (Case No. 09-L-959) Rheta Larson of Minnesota, a laborer and
   office clerk, claims mesothelioma. Robert Phillips, Esq.,
   Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Ms. Larson.

-- (Case No. 09-L-940) Catherine Lavallee of Massachusetts, a
   chef, mortgage processor, delivery driver, assembly line
   worker and quality control inspector, claims mesothelioma.
   Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind
   M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides
   and Barnerd in East Alton, Ill., will represent Ms. Lavallee.

-- (Case No. 09-L-954) Sandra Lee of California claims her
   deceased father, Wilburn H. Smith, a merchant marine oiler,
   fireman, boiler tender and home remodeler, developed lung
   cancer. Robert Phillips, Esq., Perry J. Browder, Esq., and
   Rosalind M. Robertson, Esq., of Simmons, Browder, Gianaris,
   Angelides and Barnerd in East Alton, Ill., will represent
   Mrs. Lee.

-- (Case No. 09-L-939) John Leonard of Missouri, a laborer,
   claims esophageal cancer. Robert Phillips, Esq., Perry J.
   Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons,
   Browder, Gianaris, Angelides and Barnerd in East Alton, Ill.,
   will represent Mr. Leonard.

-- (Case No. 09-L-941) Helene Loewen claims her deceased
   husband, Kenneth Loewen, developed mesothelioma after his
   work as a plumber's assistant, pipe layer, boilerman, gas
   fitter, furnace installer, heating supplies salesman and
   deliveryman, plumber, sheet metal worker, heating and air-
   conditioning serviceman and HVAC equipment manager. Robert
   Phillips, Esq., Perry J. Browder, Esq., and Rosalind M.
   Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and
   Barnerd will represent Mrs. Loewen.

-- (Case No. 09-L-951) Leland Lorbecke of Wisconsin, a farm
   hand, laborer, sprinkler fitter and water manager, claims
   mesothelioma. Nate Mudd, Esq., of French and Mudd in St.
   Louis will represent Mr. Lorbecke.

-- Hager and Wilda Lowe of Florida claim Mr. Lowe developed
   mesothelioma after his work as an electrician, laborer and
   supervisor. Shane F. Hampton, Esq., and Paul M. Dix, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent the Lowes.

-- (Case No. 09-L-964) Michael McClure of Missouri claims his
   deceased sister, Brenda McClure, developed lung cancer after
   her work as a teacher's aide. Robert Phillips, Esq., Perry J.
   Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons,
   Browder, Gianaris, Angelides and Barnerd in East Alton, Ill.,
   will represent Mr. McClure.

-- (Case No. 09-L-971) Mary A. McQuiston of Florida, a sheet
   metal worker for Sun Shipyard, an administrative worker for
   General Electric and a wallpaper hanger and painter, claims
   mesothelioma. Elizabeth V. Heller, Esq., and Robert Rowland,
   Esq., of Goldenberg, Heller, Antognoli and Rowland in
   Edwardsville, Ill., will represent Mrs. McQuiston.

-- (Case No. 09-L-965) Courtney M. Oakley Sr. claims the
   deceased Shirley Wellmaker developed lung cancer after her
   work as a social worker, nurse associate and laborer. Robert
   Phillips, Esq., Perry J. Browder, Esq., and Rosalind M.
   Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and
   Barnerd in East Alton, Ill., will represent Ms. Oakley.

-- (Case No. 09-L-958) Barbara Ann Padilla of New Mexico, a
   customer service representative, claims mesothelioma. Robert
   Phillips, Esq., Perry J. Browder, Esq., and Rosalind M.
   Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and
   Barnerd in East Alton, Ill., will represent Ms. Padilla.

-- (Case No. 09-L-956) Joann R. Seaver of Minnesota, a computer
   operator, claims mesothelioma. Robert Phillips, Esq., Perry
   J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Ms. Seaver.

-- (Case No. 09-L-970) Delphine Simms of Missouri claims her
   deceased husband, Barney Simms Jr., developed lung cancer
   after his work as a maintenance worker and assembly line
   worker. Nicholas J. Angelides, Esq., of Simmons, Browder,
   Gianaris, Angelides and Barnerd in East Alton, Ill., will
   represent Mrs. Simms.

-- (Case No. 09-L-970) Marvin E. and Mary Ann Sydnor of
   Tennessee claim Mr. Sydnor developed mesothelioma after his
   work as a furniture builder for Gaines Manufacturing Co., as
   a DC operator at Consolidate Aluminum Corp. and as a
   carpenter. Elizabeth V. Heller, Esq., and Robert Rowland,
   Esq., of Goldenberg, Heller, Antognoli and Rowland in
   Edwardsville, Ill., will represent the Sydnors.

-- (Case No. 09-L-961) Eugene and Myrtle Weible of Nebraska
   claim Mr. Weible developed mesothelioma after his work as a
   member of the U.S. Army and as a forklift driver at Carpenter
   Paper Company. Randy L. Gori, Esq., and Barry Julian, Esq.,
   of Gori, Julian and Associates in Edwardsville, Ill., will
   represent the Weibles.


ASBESTOS UPDATE: EPA Checks General Industries Site for Hazards
---------------------------------------------------------------
The U.S. Environmental Protection Agency and other officials of
Elyria, Ohio, are checking for signs of asbestos contamination at
the former General Industries site, Mesothelioma.com reports.

The EPA-hired contractors were on the scene wearing white
jumpsuits and using respirators to minimize their risk of
inhaling any airborne asbestos fibers.

EPA spokesman Jim Augustyn said that the building's owner
asserted no asbestos is present at the site. Mr. Augustyn said,
"Mr. Peshek has made several statements that the bricks were not
contaminated, and site sampling will provide us with more
information to refine estimates on cleaning up the property."

A fire, which occurred in July of 2008, has been under
investigation for some time, and 200 samples have been taken from
the site. Ohio-based EPA officials found asbestos evidence less
than two weeks after the fire.

Most of the materials tested include roofing, floor tiles, and
insulation. Mike Settles, another EPA spokesperson, said no
visible asbestos emissions have been spotted.


ASBESTOS UPDATE: Water Street Gets $127K in Brownfield Credits
--------------------------------------------------------------
Craig Wagoner, a Springfield, Mo., developer and owner of Water
Street Development LLC, in August 2009, received more than
US$127,000 in Brownfield Redevelopment Program credits through
the State of Missouri's Department of Economic Development,
Mesothelioma reports.

The Brownfield Redevelopment Program is administered through the
U.S. Environmental Protection Agency, through its regional
program.

Springfield, which falls in Region 7, received US$200,000 for its
portion relating to hazardous substances cleanup, with another
US$200,000 funded for assessment (and US$110,000 for petroleum
assessment), all through the 2009 American Recovery and
Reinvestment Act. This is in addition to the US$1 million the
city already received in EPA Brownfield funding.

Mr. Wagoner applied for the credits several months after buying
the property at 213 W. Olive Street in January 2009, a structure
built in 1899 known to Springfield residents as the old Heer's
parking garage. The building has been valued at US$316,000,
according to the Greene County Assessor's Office.

Because the Heer parking garage was essentially unused since
1998, and vacant since 2005, it met two key qualifications for
Brownfield funding. The final key was contamination by asbestos.

The remediation via tax credits makes the building eligible not
only for remediation costs, but for jobs created. Mr. Wagoner
projects the US$2 million to US$3 million project will create 20
jobs, and is using a city loan to pay for asbestos removal, with
the loan paid back when the credits are paid on completion of
asbestos remediation.

The Springfield Brownfield Program is coordinated through the
city's Economic Development Office in the Department of Planning
and Development, which works in cooperation with Region 7 of the
EPA.


ASBESTOS UPDATE: O'Neil Claim v. Crane, Warren Pumps Reinstated
---------------------------------------------------------------
The Second District Court of Appeal in Los Angeles reinstated the
asbestos case filed by the family of Patrick O'Neil against Crane
Co. and Warren Pumps Llc, the Courthouse News Service reports.

After Mr. Patrick O'Neil died of mesothelioma, his wife and
children sued Crane and Warren Pumps for alleged negligence and
product liability.

Mr. O'Neil worked in the boiler room of the U.S.S. Oriskany from
June 1965 to August 1966. The steam valves and pumps on the
ships, which were manufactured by the defendants, contained
asbestos.

During trial, one of Mr. O'Neil's shipmates testified that during
the maintenance and re-packing processes, there was no way to
avoid the asbestos dust that floated around the room.

The defendants argued that the products were not defective, but
only produced asbestos during maintenance, which was under Navy
supervision.

Judge Orville Armstrong wrote, "We cannot see that respondent's
pumps and valves are component parts under this body of law."


ASBESTOS UPDATE: Tennessee Court Awards $1.4Mil to Jackson Widow
----------------------------------------------------------------
A jury in Hamilton County, Tenn., on Sept. 21, 2009, handed a
US$1.4 million verdict in favor of Marian H. Jackson after
finding that asbestos products made by National Service
Industries (a/k/a North Brothers Inc.) contributed to her
husband's mesothelioma, the Chattanooga Times Free Press reports.

Chattanooga attorney Jimmy Rodgers, Esq., helped represent Mrs.
Jackson in the Hamilton County Circuit Court case. The lawsuit
centered on the 2008 death of Mrs. Jackson's husband, Kenneth W.
Jackson, at 73 from mesothelioma.

Mrs. Jackson claimed in the lawsuit that it was Mr. Jackson's 34-
year career as a pipefitter at Combustion Engineering in
Chattanooga, a career that ended in 1986, that led to his
mesothelioma. She could not sue Combustion because it is one of
many companies that have been declared immune from asbestos
litigation according to Tennessee law.

Instead, Mrs. Jackson took North Brothers to trial, claiming the
asbestos products it distributed between 1952 and 1986 to the
Combustion plant caused Mr. Jackson's illness.

Central to that argument was the claim of an industry-wide effort
led by Metropolitan Life Insurance Co. in the 1930s to falsify
and publish studies stating that exposure to asbestos was not
harmful to people's health.

Metropolitan Life and several other defendants settled out of
court with Mrs. Jackson before the trial.


ASBESTOS UPDATE: Ex-Colleagues Sought for Swindon Worker's Claim
----------------------------------------------------------------
The family of Frances Theobald, a former Swindon, England,
factory worker, seeks Mrs. Theobald's former work colleagues to
come forward and help in their asbestos compensation claim, This
is Wiltshire.co.uk reports.

Mrs. Theobald worked at Swindon's now defunct Garrard Engineering
and Manufacturing, producing turntables for vinyl records. At the
age of 85, she died of mesothelioma on May 27, 2009.

Daughter Ann Rivers believes her mother may have been exposed to
the substance while working for Garrard from 1962 to 1971.

At its peak Garrard had works in Newcastle Street, Blunsdon and
Cheney Manor employing 4,500 but production in Swindon stopped in
1982.

The family's solicitor, Brigitte Chandler of Charles Lucas &
Marshall, said she was keen to speak to former colleagues of Mrs.
Theobald.


ASBESTOS UPDATE: Willmore Claim Could Lead to More Payout Cases
---------------------------------------------------------------
Lord Justice Moses of London's civil appeal court, on Sept. 22,
2009, heard that Dianne Willmore's test asbestos case may open
the floodgates to thousands of compensation claims for asbestos-
related cancers, The Mirror reports.

The warning comes amid fears that many comprehensive schools
built in the 1960s are riddled with asbestos.

Lord Justice Moses heard that 50,000 cases against largely
uninsured councils are expected over the next 40 years. He set
the stage for a landmark ruling by allowing council chiefs at
Knowsley, Merseyside, to appeal a GBP240,000 award.

The case involves the 49-year-old Ms. Willmore who blames her
time as a pupil for her lung cancer.


ASBESTOS UPDATE: Hazard Found at Badenoch and Strathspey School
---------------------------------------------------------------
Morrison Construction Ltd workmen, on Sept. 17, 2009, uncovered
asbestos during a major refurbishment at Kingussie High School, a
Badenoch and Strathspey, England, school, the Strathspey &
Badenoch Herald reports.

The workmen had started replacing 165 windows at Kingussie as
part of a GBP250,000 Highland Council contract. Work now came to
a stop as a result of the asbestos detected in the old sealant of
the windows that were being removed.

As a precaution, the area of the school where the asbestos was
found (classroom 14 which is used to teach English) was sealed
off.

Mr. John Tracey, head teacher at Kingussie High School, said,
"When the concern was raised the room was blocked off to all
staff and pupils. We have not been using the room and alternative
arrangements were put in place."

Windows in three classrooms had already been replaced before work
was halted.

The discovery of the asbestos is the second setback this year to
hit the school which has a roll of 446 pupils.

On Sept. 22, 2009, Highland Council confirmed Mr. Tracey would be
sending out correspondence setting out the background and
reassuring the asbestos poses no risk.

Work to replace all the windows is scheduled to be completed by
the time the school re-opens after the October 2009 holidays.


ASBESTOS UPDATE: Pfizer Inc. Faces Claims for Asbestos Liability
----------------------------------------------------------------
U.S. Bankruptcy Judge Stuart Bernstein ruled that Pfizer Inc.'s
liability for alleged US$5 billion in claims for asbestos
products made by its Quigley unit will be partly decided at
Quigley's bankruptcy trial, Bloomberg reports.

Judge Bernstein, on Sept. 23, 2009, began a trial at which
Quigley, a former maker of asbestos-containing products, seeks to
confirm a plan of reorganization.

The trial pits the U.S. government and asbestos victims against
Pfizer, the world's biggest drug maker, with claims that its
US$450 million contribution under a settlement is not enough to
satisfy its liabilities.

Under the proposed Chapter 11 plan, Pfizer is paying about US$450
million into a trust to satisfy claims about products for which
it allegedly has derivative liability.

The "channeling injunction" of the bankruptcy code would direct
all future claims into the trust, covering death or personal
injury claims related to Insulag, Panelag and Damit, products for
the steel industry that contained asbestos and were made from the
time of World War II to the 1970s.

An ad hoc group of so-called asbestos victims, representing
30,000 individuals, said Pfizer's liability could exceed US$5
billion, and has questioned whether it can use the bankruptcy
code to shield itself.

The trial, scheduled to run at least seven days, concluding Oct.
16, is the culmination of a five-year-long bankruptcy which the
U.S. Trustee, an arm of the Justice Department that monitors
bankruptcies, has said was improperly orchestrated to shield
Pfizer from liability.

Quigley, a Pfizer unit since 1968 that stopped operating in 1992,
estimated it faces asbestos claims worth US$2.66 billion to
US$4.43 billion, according to the U.S. Trustee.

The case is styled In re Quigley Co., 04-15739, U.S. Bankruptcy
Court, Southern District of New York (Manhattan).


ASBESTOS UPDATE: Hardie Appeals Ruling on Payout Funding Breach
---------------------------------------------------------------
James Hardie Industries N.V., on Sept. 23, 2009, said it has
lodged an appeal against a ruling in August 2009 that found the
Company and former executives had breached Australian law on the
adequacy of asbestos compensation funding, Bloomberg reports.

On Aug. 20, 2009, the Company was fined AUD80,000 (US$70,000) in
the New South Wales Supreme Court for breaching its continuous
disclosure obligation in 2003, according to a statement from the
Australian Securities & Investments Commission.

Former Chief Executive Officer Peter Macdonald was fined
AUD350,000 and barred from managing a corporation for 15 years,
and former company secretary and general counsel Peter Shafron
received an AUD75,000 fine and a seven-year ban.

Eight other former directors were banned from managing
corporations for five years and given fines of either AUD30,000
or AUD35,000.

The former Hardie directors were found in April 2009 to have
breached the Corporations Act when making statements in 2001
about the adequacy of asbestos compensation funding.


ASBESTOS UPDATE: Hartlepool Man Sends Appeal to U.K. Government
---------------------------------------------------------------
Alan Clark, of Hartlepool, England, left an emotional plea to the
United Kingdom government to help pleural plaques sufferers, The
Northern Echo reports.

Mr. Clark was diagnosed with pleural plaques in 2000, and was
told he had six months to live early in 2009 after developing
mesothelioma.

The 59-year-old Mr. Clark, who died in August 2009, was one of
the last to successfully claim compensation for pleural plaques
before the law was changed in 2007, leaving sufferers able to
qualify when diagnosed with mesothelioma.

Before he died, Mr. Clark made a video interview calling for the
Government to restore compensation to pleural plaques sufferers.

The video, entitled Hope, was shown at the Trade Union Congress
conference, where Mr. Clark pleaded with ministers to back the
unions in their bid to help fellow sufferers.

Hope outlines the reasons why unions are calling for compensation
for pleural plaques sufferers to be reinstated after it was ended
by the House of Lords in 2007.


ASBESTOS UPDATE: Ore. DEQ Issues $18,091 Fine to Coos Bay Couple
----------------------------------------------------------------
The Oregon Department of Environmental Quality issued a US$18,091
penalty to Merle and Drucella Shepherd for asbestos violations at
a commercial facility they own at 160 Kruse Ave. in Coos Bay,
Ore., according to a DEQ press release dated Sept. 21, 2009.

DEQ issued a civil penalty totaling US$8,400 for the following
violation:

-- Allowing unlicensed agents to remove cement asbestos board
   siding that contained between 10 percent and 15 percent
   chrysotile asbestos from the facility and allowing the siding
   to be shattered and rendered friable likely releasing
   asbestos fibers into the air.

DEQ also issued a civil penalty totaling US$9,691 for the
following violation:

-- Failing to properly package and label asbestos-containing
   waste material in leak-tight containers and using a trailer
   to transport the improperly packaged and unlabeled waste
   material to property belonging to the Confederated Tribes of
   the Coos, Lower Umpqua, Siuslaw Indians at 93420 Coal Bank
   Lane in Coos Bay, Ore.

The Shepherds allowed the asbestos to be abandoned on the Tribe's
property when, by law, they should have had the material taken as
soon as possible to a DEQ approved disposal site.

In addition, the Shepherds did not have an accredited inspector
survey the facility for the presence of asbestos-containing
material prior to initiating the renovation project. The
Shepherds were not assessed a civil penalty for this violation.

The Shepherds have until Sept. 24, 2009 to appeal the penalties.


ASBESTOS UPDATE: DEQ Issues $2,400 Penalty to Grants Pass Local
---------------------------------------------------------------
The Oregon Department of Environmental Quality issued a US$2,400
penalty to Allen Bruce Her, of Grants Pass, Ore., for performing
an unlicensed asbestos abatement project at a residence in Rogue
River, Ore., according to a DEQ press release dated Sept. 10,
2009.

Mr. Ehr removed asbestos-containing sheet vinyl flooring from the
bathroom of a residence at 501 E. Main St. in Rogue River in
March 2009. He was unlicensed to perform such work in Oregon.

DEQ said Mr. Ehr improperly removed the flooring and likely
caused the release of asbestos fibers into the air.

Mr. Ehr has until Sept. 24, 2009 to appeal the penalty.


                            *********

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

Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland
USA.  Gracele D. Canilao, Leah Felisilda and Peter A. Chapman,
Editors.

Copyright 2009.  All rights reserved.  ISSN 1525-2272.

This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.

Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.

The CAR subscription rate is $575 for six months delivered via
e-mail.  Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each.  For subscription information, contact Christopher
Beard at 240/629-3300.

                 * * *  End of Transmission  * * *