CAR_Public/090928.mbx             C L A S S   A C T I O N   R E P O R T E R

           Monday, September 28, 2009, Vol. 11, No. 191
  
                            Headlines

2 ELEVENS: N.J. Suit Complaints About "Belly Burner Belt" Claims
AUTHENTEC: Court Grants Motion to Dismiss Shareholder Lawsuit
BOSTON SCIENTIFIC: Shareholder Opt-Out Notices Due by Oct. 30
CINCINNATI INSURANCE: Will Pay Ill. Medical Providers $4.3 Mil.
DETROIT GENERAL: Court Certifies Pension Plan Participant Class

HEALTHWAYS INC: ERISA Suit Dismissed; Counsel Wants New Plaintiff
FIRST AMERICAN: Suit Says Home Protection Policies Don't Pay
JEFFERSON COUNTY: Ky. Teachers Complain About Union Practices
MDL 1796: Court Approves $3.6 Mil. Fee for Privacy Act Claimants
RODALE INC: Charged with Deceptive Magazine Advertising in N.J.

ST. LOUIS: County Intends to File Motion to Dismiss Lawsuit
THETA LAND: Flood Claim Fairness Hearing Scheduled for Jan. 25
TRAFIGURA: LegalWeek.com Reports GBP 30 Mil. Settlement Approved
TRUEBEGINNINGS LLC: Dating Site Will Pay $1.5 Mil. Settlement
U.S. STEEL: 6th Cir. Upholds $4.45 Mil. Class-Action Settlement

WINDOWWIZARDS: N.J. Lawsuit Alleges False Advertising Claims
YOGURTLAND INT'L: Suit Says Frozen Yogurt Isn't Yogurt At All

                    New Securities Fraud Cases

OMNITURE INC: Shareholders Complaint About Adobe's Offer Price

                            *********

2 ELEVENS: N.J. Suit Complaints About "Belly Burner Belt" Claims
----------------------------------------------------------------
Courthouse News Service reports that 2 Elevens, LLC, pushes its
"Belly Burner Belt" with bogus claims that it increases a
person's "thermal core temperature, supercharging the calorie
burning process," a class action claims in Bergen County Court,
Hackensack, N.J.

A copy of the Complaint in Hoffman v. 2 Elevens, LLC, Docket No.
BER-L-8006-09 (N.J. Super. Ct., Bergen Cty.), is available at:

     http://www.courthousenews.com/2009/09/24/WeightLoss.pdf

The Plaintiff, a member of the New Jersey Bar, is:

          Harold Hoffman, Esq.
          240 Grand Avenue
          Englewood, NJ 07631
          Telephone: 201-569-0086
          E-mail: Hoffman.Esq@verizon.net


AUTHENTEC: Court Grants Motion to Dismiss Shareholder Lawsuit
-------------------------------------------------------------
AuthenTec (NASDAQ:AUTH), the world's leading provider of smart
fingerprint sensors and solutions, announced Friday that its
motion to dismiss Hoffman v. AuthenTec, Inc., et al., Case No.
08-cv-01741 (M.D. Fla.), has been granted.  The court dismissed
the plaintiff's amended complaint with prejudice, and ordered the
Clerk of the Court to close the case file.

"We are pleased with the decision that this lawsuit be rightfully
dismissed," said AuthenTec Chairman and CEO F. Scott Moody.  "We
were confident from the beginning of this case that the Court
would carefully weigh the facts and arrive at a fair and just
conclusion.  We look forward to our continued focus on providing
smart fingerprint sensors and solutions that offer security,
convenience, navigation and personalization to PCs, cell phones
and other products."

AuthenTec brings multiple touch-powered features including
navigation, personalization, convenience and security to nearly
50 million PCs and peripherals, cell phones and other products.
The Company's newest generation of smart sensors, software and
TrueSuite(TM) client applications give users secure one-touch
access to their favorite websites, online social networks and
digital identity. AuthenTec has the broadest product and patent
portfolio in the industry today, and helps enable the Power of
Touch(R) for millions of people at home, at work or on the move.
For more information, visit http://www.authentec.com/or follow  
the Company at http://twitter.com/authentecnews/


BOSTON SCIENTIFIC: Shareholder Opt-Out Notices Due by Oct. 30
-------------------------------------------------------------
                    UNITED STATES DISTRICT COURT
                      DISTRICT OF MASSACHUSETTS

   IN RE BOSTON SCIENTIFIC           ) Master File No.
   CORPORATION SECURITIES LITIGATION ) 1:05-cv-11934 (DPW)             
                  
              SUMMARY NOTICE OF PENDENCY OF CLASS ACTION

TO: ALL THOSE WHO PURCHASED OR OTHERWISE ACQUIRED
    BOSTON SCIENTIFIC CORPORATION EQUITY SECURITIES
    BETWEEN NOVEMBER 20, 2003, AND JULY 15, 2004,
    BOTH DATES INCLUSIVE, AND WHO WERE DAMAGED THEREBY.
    EXCLUDED FROM THE CLASS ARE DEFENDANTS HEREIN,
    THE OFFICERS AND DIRECTORS OF THE COMPANY, MEMBERS
    OF THEIR IMMEDIATE FAMILIES AND THEIR LEGAL
    REPRESENTATIVES, HEIRS, SUCCESSORS OR ASSIGNS AND
    ANY ENTITY IN WHICH DEFENDANTS HAVE OR HAD A
    CONTROLLING INTEREST.

PLEASE READ THIS NOTICE CAREFULLY:

YOUR RIGHTS MAY BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN
THIS COURT

YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District
Court for the District of Massachusetts, of the pendency of this
action as a class action on behalf of the class, as described
above.

IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS MAY
BE AFFECTED. If you have not yet received the full printed Notice
of Pendency of Class Action, you may obtain copies of this
document by contacting the Claims Administrator at:

          In re Boston Scientific Securities Litigation
          c/o The Garden City Group, Inc.
          Claims Administrator
          P.O. Box 9383
          Dublin, OH 43017-4283

If you are a class member and do not exclude yourself from the
Class, you will be bound by all orders and any judgment in the
Action. To exclude yourself from the Class, you must submit a
written request for exclusion postmarked no later than Friday,
October 30, 2009.

Further information may be obtained by directing your inquiry in
writing to the Claims Administrator.

                                   BY ORDER OF THE COURT


CINCINNATI INSURANCE: Will Pay Ill. Medical Providers $4.3 Mil.
---------------------------------------------------------------
Steve Korris at The Madison Record reports that Cincinnati
Insurance and Cincinnati Casualty will pay Illinois medical
providers at least $4,275,000 in a class action settlement that
Madison County Circuit Judge Barbara Crowder approved on Sept. 3.

The Plaintiffs' lawyers:

          Robert W. Schmieder II, Esq.
          LakinChapman LLC
          300 Evans Ave.
          PO Box 229
          Wood River, IL 62095
          Telephone: 618-208-4240

               - and -  

          Timothy F. Campbell, Esq.
          Campbell & McGrady
          3017 Godfrey Road
          Godfrey, IL 62035
          Telephone: 618-466-8600

will share a $770,000 fee.  

Providers can recover up to 90 percent of any amount Cincinnati
reduced from bills for treatment of workers compensation patients
since 2000.  Cincinnati sent settlement notices to 33,778
providers in June, after Crowder granted preliminary approval.  
Four providers opted out of the settlement, according to Mr.  
Schmieder.  

Local chiropractor and Lead Plaintiff Frank Bemis will receive
$5,000 for representing the class.  Dr. Bemis sued Cincinnati and
proposed a class action in 2005, just ahead of the effective date
of the national Class Action Fairness Act, which steered most new
class actions to federal courts.  Dr. Bemis alleged unjust
enrichment, conspiracy and consumer fraud.

In an Aug. 27 motion for final approval of the settlement, Mr.
Schmieder wrote, "Plaintiff has achieved an excellent result for
the class."  

"The total value of the class benefit exceeds $4,275,000," he
wrote.  "The settlement is fair and reasonable in the opinion of
competent counsel.  There can be no doubt that plaintiff's
counsel is particularly competent.  "Class action suits conserve
judicial and litigant resources."

Cincinnati is represented by:

          John P. Cunningham, Esq.,

          Richland Executive Plaza, Suite 200
          525 West Main
          Belleville, IL 62220-1502
          Telephone: 618-235-5590

               - and -  

          Steven H. Schwartz, Esq.
          Brown & James, P.C.
          1010 Market Street, 20th Floor
          St. Louis, MO 63101-2000

               - and -  

          Daniel G. Litchfield, Esq.
          Litchfield Cavo LLP
          303 West Madison Street, Suite 300
          Chicago, IL 60606-3300


DETROIT GENERAL: Court Certifies Pension Plan Participant Class
---------------------------------------------------------------
Wayne County Circuit Court Judge Amy Hathaway certified a class
action last week on behalf of over 9,000 pension plan
participants and beneficiaries challenging investment decisions
made by several present and former trustees of the Detroit
General Retirement pension fund.

The suit alleges that numerous investments in which the pension
fund lost over $100 million were "indefensible" and that "[b]ased
on even a cursory inspection of the proposed investments, a
rational, prudent person would not have invested in the
proposals, let alone with entrusted pension funds."  The suit
also challenges the trustees' expenditure of hundreds of
thousands of dollars on exorbitant travel, as well as their
destruction of plan documents.

The motion was filed before the Honorable Amy Hathaway and arises
out of a complaint filed on May 1, 2009, in which pensioners
alleged gross negligence against the Defendant trustees. The
Court's ruling appears to be one of the first certified class
actions in the country filed by pensioners seeking to hold public
pension trustees accountable for egregious investment decisions,
which also involved payments to intermediaries.

Counsel for the pensioners, Gerard Mantese, Esq., of Troy,
Michigan, stated that, "This is a great first step towards
holding these trustees accountable for their actions. With this
ruling, we can move forward and find out the reasons why tens of
millions of dollars of pension funds were thrown away."

Co-counsel, John Conway, emphasized: "The fact that $100 Million
was squandered creates an imminent risk of harm to individual
pensioners. We look forward to restoring plan monies to the
Detroit General Retirement System."

The Court also denied the Trustees' attempt to dismiss the case
on grounds of governmental immunity, holding that there was no
immunity under the pleadings filed in this case. The court also
held that the loss of tens of millions of dollars of plan money
constituted a concrete risk of harm to the pensioners and
conferred standing on the employees to maintain their suit.

The pensioners are represented by:

          Gerard Mantese, Esq.    
          Mantese and Rossman, P.C.
          1361 E. Big Beaver Road
          Troy, MI 48083
          Telephone: 248-457-9200

               - and -  

         John J. Conway, P.C.
         645 Griswold St., Ste 3600
         Detroit, MI 48226
         Telephone: 313-961-6525
HEALTHWAYS INC: ERISA Suit Dismissed; Counsel Wants New Plaintiff
-----------------------------------------------------------------
The law firm of Gainey & McKenna advises that a stipulation of
voluntary dismissal was filed in Banks v. Healthways, Inc., et
al., Case No. 08-CV-00734 (M.D. Tenn.) (Campbell, J.), which was
brought on behalf of the named plaintiff and a proposed Class of
all participants in the Healthways, Inc. 401(k) Retirement
Savings Plan who purchased or held shares of Healthways stock in
the 401(k) Plan at any time between May 16, 2005 and the present.

The action alleged that Healthways, Inc. and other fiduciaries of
the 401(k) Plan violated their fiduciary duties to the 401(k)
Plan's participants.  The action alleged that Healthways and
certain individuals who were responsible for managing and
administering the 401(k) Plan failed to disclose important
information to the participants of the 401(k) Plan and violated
their fiduciary duties. The Action also alleged that the
violations of fiduciary duty caused participants who invested in
Healthways stock to lose money inside the 401(k) Plan.

The action further alleged, among other things, that (i) the
Company was experiencing losses from the MHS Pilot Programs
pursuant to a contingent arrangement whereby it only earned
income if it were successful in reducing the medical costs of its
client; (ii) the Company had never undertaken a program intended
to reduce the medical costs of a population comprised of only
aged and extremely poor individuals with chronic medical
conditions; (iii) prior to entering in the agreements with Center
for Medicare & Medicaid Services, the Company had done no due
diligence regarding the MHS Pilot Programs; (iv) the Company had
no understanding of the nature of the population it was dealing
with in the MHS Pilot Programs; and (v) the Company's stock price
was artificially inflated as a result of the improper practices
and mismanagement of the Company.

On January 28, 2009, the Court issued an important decision which
denied the defendants' motion to dismiss the lawsuit. The case
then entered the discovery phase.

Thereafter, the Action was voluntarily dismissed with prejudice
only as to the named plaintiff because the named plaintiff was
unable to appear for a noticed deposition and was therefore
unable to continue to prosecute the Action.

If you participated in the Healthways 401(k) Plan and held the
Healthways Stock Fund inside your 401(k) Plan account at any time
between May 16, 2005 and the present and are willing to act as a
named plaintiff, please contact:

          Thomas J. McKenna, Esq.
          Gainey & McKenna
          295 Madison Avenue, 4th Floor
          New York, NY 10017
          Telephone: (212) 983-1300
          E-mail: tjmckenna@gaineyandmckenna.com


FIRST AMERICAN: Suit Says Home Protection Policies Don't Pay
------------------------------------------------------------
Courthouse News Service reports that First American Home Buyers
Protection Co. refuses to back up its insurance contracts, a
class action claims in Los Angeles Superior Court.


JEFFERSON COUNTY: Ky. Teachers Complain About Union Practices
-------------------------------------------------------------
Courthouse News Service reports that four teachers say the
county, state and nation Education Associations
unconstitutionally make them join a teachers union to work, in a
class action in Louisville Federal Court.

A copy of the Complaint in Hoza, et al. v. Jefferson County
Teachers Assoc., et al., Case No. 09-cv-764 (W.D. Ky.), is
available at:

     http://www.courthousenews.com/2009/09/24/Employ.pdf

The Plaintiffs are represented by:

          Derek A. Poteet, Esq.
          Milton L. Chappell, Esq.
          National Right to Work Legal Defense Foundation, Inc.
          8001 Braddock Road, Suite 600
          Springfield, VA 22160
          Telephone: (703) 321-8510
          Fax: (703) 321-9319
          E-mail: dap@nrtw.org
                  mlc@nrtw.org

               - and -  

          Richard L. Masters, Esq.
          Norbert J. Arrington, Esq.
          Masters, Mullins & Arrington
          1012 South Fourth Street
          Louisville, KY 40203
          Telephone: (502) 582-2900
          Fax: (502) 587-0931
          E-mail: nja322@aol.com


MDL 1796: Court Approves $3.6 Mil. Fee for Privacy Act Claimants
----------------------------------------------------------------
Susan Smith at FedSmith.com reports that the Honorable James
Robertson approved a $3.6 million fee for plaintiffs' lawyers in
In Re: Department of Veterans Affairs (VA) Data Theft Litigation,
MDL No. 1796; Misc. Action No 06-0506 (D.C.).  The attorneys
wanted 25% of the $20 million settlement fund, or $5 million.  
The judge decided they would get 18%.  

Ms. Smith recalls that the litigation flows from the widely
reported 2006 incident where burglars stole a computer from the
home of a Veterans Affairs employee that contained personal data
on 26.5 million veterans and spouses.  The data included names,
birth dates, social security numbers and other personal data.  No
less than three class action lawsuits were filed in federal court
on behalf of affected veterans.  The suits charged that by not
better protecting this personal data the VA had violated the
Privacy Act, the Administrative Procedures Act and a couple of
constitutional amendments.

The three suits were consolidated into one case in the U.S.
District Court for the District of Columbia, the court tossed out
all but the Privacy Act claim, and the case was settled earlier
in 2009.  The settlement created a $20 million fund.  

Individual veterans may submit claims to this fund for any out of
pocket expenses they had stemming from the theft of the computer.  
Affected veterans get a minimum of $75 and a maximum of $1,500
under the settlement agreement.

Ms. Smith's complete report and a copy of Judge Robertson written
decision are available at:

     http://www.fedsmith.com/article/2127/good-pay-day-lawyers-va-class-action.html


RODALE INC: Charged with Deceptive Magazine Advertising in N.J.
---------------------------------------------------------------
Courthouse News Service reports that Rodale Inc. deceptively sold
"Organic Gardening" magazine by promising a one-year "free"
subscription if customers paid $23.94 for the first year -- but
the regular price for a year's subscription is only $11.97, a
class action claims in Bergen County Court, Hackensack, N.J.

A copy of the Complaint in Hoffman v. Rodale Inc., Docket No.
BER-L-8137, Civ. Action No. L-8137-09 (N.J. Super. Ct., Bergen
Cty.), is available at:

     http://www.courthousenews.com/2009/09/24/Media.pdf

The Plaintiff, a member of the New Jersey Bar, is:

          Harold Hoffman, Esq.
          240 Grand Avenue
          Englewood, NJ 07631
          Telephone: 201-569-0086
          E-mail: Hoffman.Esq@verizon.net


ST. LOUIS: County Intends to File Motion to Dismiss Lawsuit
-----------------------------------------------------------
St. Louis County Counselor Patricia Redington tells Phil Sutin
at the St. Louis Post-Dispatch that the County intends to file a
motion to dismiss Marquis, et al. v. St. Louis County,
et al., Case No. 09SL-CC03980 (Mo. Cir. Ct., St. Louis Cty.).  

The Class Action Reporter reported about the filing of the
Marquis action on Thurs., Sept. 17, 2009.  

Mr. Sutin relates that the Marquis suit is the third challenging
the trash districts, mainly on the same issues.  The county had
the first suit moved to federal district court after the
plaintiffs raised some additional federal constitutional issues.
Haulers American Eagle, Meridian and Waste Management are the
plaintiffs.  The haulers want a summary judgment in their favor
on most issues and the county wants a judge to dismiss the suit.

The second suit by American Eagle and residents Brett Buchanan
and Greg Porter awaits a ruling by Circuit Judge Larry Kendrick
on the county's motion to dismiss.


THETA LAND: Flood Claim Fairness Hearing Scheduled for Jan. 25
--------------------------------------------------------------
If on September 4 and 5, 2003, you owned or occupied property in
the Boroughs of Jermyn and Mayfield or the Township of
Carbondale, Pa., and you sustained real or personal property
damages or economic losses as a result of the flooding of the
Rushbrook Creek on September 4 and 5, 2003, this Notice may
affect your rights.

Summary of the Proposed Settlement:

A settlement has been proposed, and preliminarily approved in
Shumski v. Theta Land Corporation, et al, Case No. 04-CV-2323, a
class action that has been filed in the Lackawanna County Court
of Common Pleas.  The parties have agreed to the certification of
a Settlement Class consisting of all persons who, on September 4
and 5, 2003, owned or occupied property in the Boroughs of Jermyn
and Mayfield or the Township of Carbondale and who sustained real
or personal property damage, or other economic losses as a result
of the flood of the Rushbrook Creek on those dates who submit
timely and fully completed Proof of Claim and an estimate or
repair bill for flood damage or repair which is dated within a
reasonable time after the dates of the flood.  If you fit the
description stated above, then you are a Settlement Class Member
and can make a claim for the relief offered under the proposed
settlement; or exclude yourself from the proposed settlement; or
object to the proposed settlement.  You may file a claim, exclude
yourself, or object by following the directions in the Long Form
Notice, which is available from Class Counsel identified below.
If you do nothing, then you will be bound by the terms of the
proposed settlement, if approved by the Court.  

The Court has preliminarily approved the proposed settlement, but
the settlement will not be final unless the Court decides to
approve it after a Fairness Hearing.  The Fairness Hearing is
scheduled for January 25, 2010, at 9:30 am before the Honorable
Carmen D. Minora, in Courtroom 3 on the 2nd floor of the
Lackawanna County Court House.

How to Get More Information:

For complete information on the proposed settlement, or if you
wish to discuss this lawsuit or have any questions concerning
your rights or interests with respect to these matters, contact
Class Counsel:

          Alan M. Feldman, Esq.
          Thomas More Marrone, Esq.
          Feldman, Shepherd, Wohlgelernter, et al.
          1845 Walnut Street, 25th Floor
          Philadelphia, PA 19103
          Telephone: (215) 567-8300
          E-mail: afeldman@feldmanshepherd.com
                  tmarrone@feldmanshepherd.com


TRAFIGURA: LegalWeek.com Reports GBP 30 Mil. Settlement Approved
----------------------------------------------------------------
Claire Ruckin at LegalWeek.com reports that the long-running
class action brought by 30,000 claimants against oil company
Trafigura has settled for GBP 30 million.  News about the
settlement appeared in the Class Action Reporter on Sept. 22,
2009, but the company didn't release the settlement amount at
that time.  

Ms. Ruckin reports that the settlement was approved by Mr.
Justice MacDuff in London on Sept. 23, 2009, and each claimant
represented by Leigh Day & Co will receive GBP 950.  The
plaintiffs claimed that they were poisoned by "slops" -- toxic
waste dumped near Abidjan, Ivory Coast, in 2006.

Trafigura is represented by:

          Simon Nurney, Esq.
          Macfarlanes LLP
          20 Cursitor Street
          London EC4A 1LT  UNITED KINGDOM
          Telephone: 44 (0)20 7831 9222
          Fax: 44 (0)20 7831 9607


TRUEBEGINNINGS LLC: Dating Site Will Pay $1.5 Mil. Settlement
-------------------------------------------------------------
Jon Hood at ConsumerAffairs.com reports that the court has
approved a settlement in Wong v. TrueBeginnings, LLC, dba
True.com, Case No. 07-cv-1244 (N.D. Tex.), which accused dating
site of continuing to charge customers who attempted to closed
their accounts.

Plaintiff Thomas Wong filed the suit in 2007, accusing the site
of charging him three separate times after he canceled his
subscription.  The suit described a misleading system -- billed
"Auto-Subscription" -- that reactivated users' accounts without
their knowledge or consent.

According to the complaint, True regularly sent e-mails to users
who had canceled their subscriptions, informing them that other
members were trying to contact them. The lawsuit alleged that
these "members" didn't actually exist, and that consumers who
responded to the e-mail unwittingly reactivated their membership,
allowing True to begin charging them again.

Consumers who chose to dispute the charges with their credit card
companies were also in a bind, as True's terms of agreement
provide that users agree "not to dispute any authorized charge by
True.com or its authorized agents."

The lawsuit also said that True sneaked snuck extra charges onto
consumers' bills without informing them. Users were allegedly
charged $2.99 per month for access to a "live chat" feature, and
$0.99 per month for enrollment in the "coaching center," which
True.com says "provides ongoing feedback, advice and counsel to
its subscribers, helping guide them through every stage of their
relationships." The site's terms of agreement said that consumers
would be automatically billed for the services unless they
canceled them, even though they were described as "separate
product offerings" from the website itself.

The suit alleged counts of breach of fiduciary duty, fraud, and
violation of Texas consumer statutes, and was heard in Dallas
County, Texas, where the site is based.  A preliminary settlement
was reached in March, and the court gave its final approval this
week.

Under the terms of the settlement, True will pay $1.5 million
into a fund, from which refunds will be paid to eligible
consumers. Affected True users will be eligible to receive either
$35 (if they were charged for one additional month) or $50 (if
they were charged for two or more months). An ill-defined "larger
group" will be given a free 45-day membership to the website. In
all, at least 150,000 consumers will be eligible for
compensation, and plaintiffs' attorney Jonathan Tycko said that
number is expected to grow. True denied any wrongdoing, claiming
that it was settling to prevent protracted litigation and to
"return our focus on bringing people together."

Affected consumers who wish to take advantage of the settlement
must act quickly; the deadline for submitting claim forms is Oct.
21.

More information is available from Rust Consulting, Inc., the
designated claims agent, at http://www.trueclassaction.com/

Counsel for the Settlement Class are:

          Jonathan K. Tycko, Esq.
          TYCKO & ZAVAREEI LLP
          2000 L Street, N.W., Suite 808
          Washington, DC 20036
          Telephone: 202-973-0900
          Fax: 202-973-0950
          
               - and -  

          Jon G. Shepherd, Esq.
          ALSTON & BIRD LLP
          2200 Ross Avenue, Suite 4650W
          Dallas, TX 75201
          Telephone: 214-432-7770
          Fax: 214-432-7771

TrueBeginnings, LLC, is represented by:

          Gary D. Eisenstat, Esq.
          Keith R. Verges, Esq.
          FIGARI & DAVENPORT, L.L.P.
          3400 Bank of America Plaza
          901 Main Street, LB 125
          Dallas, TX 75202
          Telephone: 214-939-2000
          Fax: 214-939-2090          


U.S. STEEL: 6th Cir. Upholds $4.45 Mil. Class-Action Settlement
---------------------------------------------------------------
Tim Hull at Courthouse News Service reports that the United
States Court of Appeals for the Sixth Circuit upheld a $4.45
million class-action settlement against U.S. Steel over claims
that its Michigan mill released "metal-like dust and flakes" that
fell on surrounding homes. Class members had argued that the
award is "unconscionably low" and gives the steel mill a pass to
pollute again.

Malcolm Moulton, a plaintiff in the more than four-year-old case,
challenged the settlement, claiming the award was too meager -
save the 30 percent awarded to the attorneys, which he and others
deemed too high. They also claimed the trial court went too far
in approving a cap on continuing nuisance claims.

Another off-shoot of the 4,000-member class, led by attorney
Donnelly Hadden, Esq., objected to the size of the award and the
scope the cap, while also accusing class counsel of "collusion"
with U.S. Steel.

Though attorneys Jason Thompson, Esq., and Peter Macuga, Esq.,
filed the final amended complaint and were named class counsel,
Mr. Hadden for years tried to represent residents of Ecorse and
River Rouge, and to convince them to opt out of the class action
and sue U.S. Steel individually.
     
Most members of the class will receive about $300 from the
settlement. Seven class representatives will receive $10,000
each, and the attorneys get about $1.3 million, the ruling
states. Unclaimed funds of about $1.28 million will go to local
schools in Ecorse and River Rouge.
     
Writing for the three-judge panel in Cincinnati, Judge Jeffrey
Sutton rejected the various objections.
     
"The objectors first argue that class-member awards of $300 are
unconscionably low," Judge Sutton wrote.  "But that objection is
based on the misconception that the agreement releases all future
tort claims."

The agreement does not bar future claims, so long as the
"continuing nuisance is new and did not begin until after the
settlement's effective date," Judge Sutton wrote.

"By releasing future claims only for pre-settlement conduct, the
agreement sensibly -- and reasonably -- accommodates U.S. Steel's
interest in protecting itself from suits based on identical
claims that existed at the time of the complaint (and settlement)
without extinguishing the class's right to file distinct claims
in the future," Sutton concluded.

The judges were equally unconvinced that class counsel had
colluded with U.S. Steel.

"The duration and complexity of the litigation, to start,
undermines the objectors' suspicions," Sutton wrote. "The parties
litigated for almost four years before reaching a settlement
agreement. It is difficult to maintain that class counsel took
all of these steps merely to mask its collusion with U.S. Steel,
and that the one entity with a bird's eye view of the proceedings
-- the district court judge -- somehow missed the signs that the
parties were merely engaged in pretense and posturing."

A copy of the decision in Moulton, et al., v. United States Steel
Corp., Nos. 08-2311/2312 (6th Cir.), is available at:

     http://www.ca6.uscourts.gov/opinions.pdf/09a0340p-06.pdf


WINDOWWIZARDS: N.J. Lawsuit Alleges False Advertising Claims
------------------------------------------------------------
Courthouse News Service reports that WindowWizards and OKNA
Windows Corp. sell windows with less insulation than advertised,
a class action claims in Camden County Court, N.J.


YOGURTLAND INT'L: Suit Says Frozen Yogurt Isn't Yogurt At All
-------------------------------------------------------------
Courthouse News Service reports that Yogurtland International
sells "frozen yogurt" that is not yogurt at all, as California
defines it, according to a class action in Los Angeles Superior
Court.


                   New Securities Fraud Cases

OMNITURE INC: Shareholders Complaint About Adobe's Offer Price
--------------------------------------------------------------
Courthouse News Service reports that Omniture is selling itself
too cheaply to Adobe Systems, for $1.8 billion, or $21.50 per
share, shareholders claim in Utah County Court, Provo.

A copy of the Complaint in Lodhia, et al. v. Omniture, Inc., et
al., Case No. 090403499 (Utah Dist. Ct., 4th J. Dist, Utah Cty.),
is available at:

     http://www.courthousenews.com/2009/09/24/SCAOmniture.pdf

The Plaintiffs are represented by:

          Darren J. Robbins, Esq.
          Randall J. Baron, Esq.
          A. Rick Atwood, Jr., Esq.
          David T. Wissbroecker, Esq.
          Aaron W. Beard, Esq.
          COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP
          655 West Broadway, Suite 1900
          San Diego, CA 92101
          Telephone: 619-231-1058
          Fax: 619-231-7423

               - and -  

          Joe Kendall, Esq.
          Hamilton Lindley, Esq.
          KENDALL LAW GROUP, LLP
          3232 McKinney Ave., Suite 700
          Dallas, TX 75204
          Telephone: 214-744-3000
          Fax: 214-744-3015

               - and -  

          Jon V. Harper, Esq.
          Heather M. Sneddon, Esq.
          ANDERSON & KARRENBERG
          50 West Broadway, Suite 700
          Salt Lake City, UT 84101
          Telephone: 801-534-1700
          Fax: 801-364-7697

                            *********

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
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