/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/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 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 * * *