CAR_Public/090930.mbx             C L A S S   A C T I O N   R E P O R T E R

          Wednesday, September 30, 2009, Vol. 11, No. 193
  
                            Headlines

AM PM MAINTENANCE: Class Action Suit Filed in Orange County
AUSTRLIAN FEDERAL POLICE: May Face Suit Over Capsicum Spray
BANK OF AMERICA: Motions to Dismiss Merchant Lawsuits Pending
BEAR STEARNS: Boies Schiller Files Shareholder Fraud Suits
CHICAGO: Suit Filed by Due Process-Denied Towed Auto Owners

COMTEC TELECOM: Knows About 2 Securities Suits; No Other Activity
DIRECTV INC: Undisclosed Termination Fee Suit Filed in Ariz.
DIRECTV GROUP: Early Termination Fees Draw Injunction Request
ERIE INDEMNITY: Unpaid Overtime Worker Class Certified
GLOBAL HORIZON: Thai Orchard Workers Allege Labor Violations

HARLEYSVILLE NATIONAL: Three Suits Challenge First Niagara Merger
LABCORP: Lawyer Reportedly Sniffing for Class-Action Fodder
MORTGAGE ELECTRONIC: Challenge to MERS' Forclosure Suit Standing
PROMIGAS: Eight Years Later, Explosion Suit in "Initial Stage"
PROVIDE COMMERCE: Suit Calls "Easy Saver Rewards Program" Bogus

SALLY BEAUTY: Class Action Suit Filed in Los Angeles
SANOFI-AVENTIS: Zimulti Class Action Suit Dismissed in S.D.N.Y.
SUNTRUST BANK: Auction-Rate Securities Suit Dismissed in N.D. Ga.
TRANSFIRST: Class Action Suit Filed in Orange County
TRE MILANO: Suit Alleged False & Deceptive Bargain Pricing

                   New Securities Fraud Cases

BETAWAVE CORP: Shareholders Allege Fraud in N.Y. State Ct. Suit

                            *********

AM PM MAINTENANCE: Employee Class Action Suit Filed in Orange County
--------------------------------------------------------------------
Jose Guiterrez, on behalf of himself and others similarly
situated, has sued AM PM Maintenance Service, Case No.
30-2009-00305951 (Calif. Super. Ct., Orange Cty.), alleging
violations of employment laws.  

The Plaintiff is represented by:

          Jose Garay, Esq.
          Jose Garay, APLC
          2030 Main Street, Suite 1300
          Irvine, CA 92614
          Telephone: 949-260-9193
          Fax: 949-260-9194


AUSTRLIAN FEDERAL POLICE: May Face Suit Over Capsicum Spray
-----------------------------------------------------------
Noel Towell, the Legal Affairs Reporter for the Canberra Times,
reports that the Australian Federal Police could face a class
action by alleged victims of ACT watch-house officers who misuse
capsicum spray.

There have now been convictions or guilty verdicts over 10
alleged attacks using capsicum spray or foam by police officers
on watch-house detainees and charges are still pending over one
more alleged incident.

Former sergeant John Arthur Birch avoided jail in November 2008
for his string of capsicum spray attacks on watch-house detainees
in 2006. The Supreme Court sentenced the 54-year-old to 500 hours
of community service and gave him a 12-month suspended jail
sentence, after his barrister said he risked being "bashed and
buggered" in Goulburn prison.

Now, the Times reports, lawyers acting for a man who says he was
attacked by police in the watch-house three years ago, have
launched a civil action against a former police constable and her
ex-employers and are asking for other victims of capsicum spray
assaults to come forward.


BANK OF AMERICA: Motions to Dismiss Merchant Lawsuits Pending
-------------------------------------------------------------
Bank of America Corporation and certain of its subsidiaries are
defendants in putative class actions filed on behalf of retail
merchants that accept Visa and MasterCard payment cards.
Additional defendants include Visa, MasterCard, and other
financial institutions. Plaintiffs seek unspecified treble
damages and injunctive relief and allege that the defendants
conspired to fix the level of interchange and merchant discount
fees and that certain other practices, including various Visa and
MasterCard rules, violate federal and California antitrust laws.
The class actions are coordinated for pre-trial proceedings in
the U.S. District Court for the Eastern District of New York,
together with individual actions brought only against Visa and
MasterCard, under the caption In Re Payment Card Interchange Fee
and Merchant Discount Anti-Trust Litigation.

On January 8, 2008, the District Court dismissed all claims for
pre-2004 damages.  Plaintiffs filed a motion for class
certification on May 8, 2008, and the defendants have opposed
that motion.  On January 29, 2009, the class plaintiffs filed an
amended consolidated complaint.  A motion to dismiss the
foregoing complaint was filed on March 31, 2009.

The class plaintiffs have also filed two supplemental complaints
against certain defendants, including Bank of America Corporation
and certain of its subsidiaries, relating to, respectively,
MasterCard's 2006 initial public offering (the MasterCard IPO)
and Visa's 2008 initial public offering (the Visa IPO). The
supplemental complaints, which seek unspecified treble damages
and injunctive relief, assert, among other things, claims under
federal antitrust laws. On November 25, 2008, the District Court
granted defendants' motion to dismiss the supplemental complaint
relating to the MasterCard IPO, with leave to amend. On January
29, 2009, plaintiffs amended this supplemental complaint and also
filed the supplemental complaint relating to the Visa IPO.
Motions to dismiss both of the foregoing complaints were filed on
March 31, 2009.

Bank of America Corporation and certain of its subsidiaries have
entered into agreements that provide for sharing liabilities in
connection with certain antitrust litigation against Visa (the
Visa-Related Litigation), including In Re Payment Card
Interchange Fee and Merchant Discount Anti-Trust Litigation.
Under these agreements, Bank of America Corporation's obligations
to Visa in the Visa-Related Litigation are capped at Bank of
America Corporation's membership interest in Visa USA (currently
approximately 12.9 percent). Also under these agreements, Visa
Inc. has used a portion of the proceeds from the Visa IPO to fund
liabilities arising from the Visa-Related Litigation, including
the settlement during 2008 of Discover Financial Services v. Visa
USA, et al. and the 2007 settlement of American Express Travel
Related Services Company v. Visa USA, et al., and has stated that
it will use such proceeds to fund other liabilities in the
future, if any, arising from the Visa-Related Litigation.


BEAR STEARNS: Boies Schiller Files Shareholder Fraud Suits
----------------------------------------------------------
Law.com reports that The American Lawyer reports that the lawfirm
of Boies, Schiller & Flexner filed the first of what partner
Richard Drubel Esq., expects will be "a number" of suits against
Bear Stearns, alleging that the defunct investment firm
fraudulently induced shareholders to hold onto their Bear Stearns
stock, and then sustained huge losses.  The plaintiff is Bruce
Sherman, the former CEO of the money management firm Private
Capital Management, and the suit involves only his personal
losses, which Mr. Drubel said amount to "tens of millions of
dollars."  The Defendants are Bear Stearns Companies, Inc., James
Cayne, Warren Spector and Deloitte & Touche LLP.  

The American Lawyer's full report is available at:

     http://editorial.incisivemedia.com/c/12u0UAum4doBKfpGdX

A copy of the 60-page Complaint in Sherman v. Bear Stearns
Companies Inc., et al., Case No. 09-cv-8161 (S.D.N.Y.), is
available at:

     http://amlawdaily.typepad.com/shermanvbear.pdf

The Plaintiff is represented by:

          Richard B. Drubel, Jr., Esq.
          Matthew J. Kenken, Esq.  
          BOIES, SCHILLER & FLEXNER LLP
          26 South Main Street
          Hanover, NH 03755
          Telephone: (603) 643-9090

               - and -  

          Philip Korologos, Esq.
          BOIES, SCHILLER & FLEXNER LLP
          575 Lexington Ave., 7th Floor
          New York, NY 10022
          Telephone: (212) 446-2300

               - and -  

          George A. Zelcs, Esq.
          KOREIN TILLERY LLC
          250 North Michigan Ave., Suite 1950
          Chicago, IL 60601
          Telephone: (312) 641-9750

               - and -  

          Stephen M. Tillery, Esq.
          Douglas R. Sprong, Esq.
          KOREIN TILLERY LLC
          505 North 7th St., Suite 3600
          St. Louis, MO 63101
          Telephone: (314) 241-4844


CHICAGO: Suit Filed by Due Process-Denied Towed Auto Owners
------------------------------------------------------------
Chicagoist.com reports that attorney Tom Peters has filed a class
action lawsuit against the City of Chicago on behalf of a woman
who's car was mistakenly towed -- leaving the single mother with
$2,000 in storage fees, meaningless due process, and no recourse.  
Mr. Peters told WBEZ that he suspects some 15,000 people have had
their automobiles similarly improperly towed over the past five
years.

WBEZ said that they couldn't get in touch with the city's law
department about the case though they reported that the city's
spokeswoman said they're looking to settle.  


COMTEC TELECOM: Knows About 2 Securities Suits; No Other Activity
-----------------------------------------------------------------
Comtech Telecommunications Corp. has been sued in two nearly
identical purported class action lawsuits:

     -- Pompano Beach Police & Firefighters' Retirement System,
        et al. v. Comtech Telecommunications Corp., et al.,
        Case No. 09-cv-3007 (E.D.N.Y.); and

     -- Lawing v. Comtech Telecommunications Corp., Case No.
        09-cv-3182 (E.D.N.Y.).

Comtech's Chief Executive Officer and Chief Financial Officer are
also named as defendants.  

The Complaints, filed in July 2009, allege that Comtech violated
Section 10(b) of the Securities Exchange Act of 1934 by making
materially false and misleading statements with respect to
revenue and earnings guidance for fiscal year 2009.  The
plaintiffs purport to sue on behalf of purchasers of Comtech
stock between September 17, 2008, and March 9, 2009.  The essence
of the Complaints is that Comtech allegedly failed to disclose
certain adverse facts that were allegedly known to exist at the
time we issued the revenue and earnings guidance at issue in the
Complaints.

Comtech and its two officers, to date, have only been served with
a complaint by the Pompano Beach Police and Firefighters'
Retirement System.  No other pleadings have been filed and no
proceedings have taken place.  Comtech believes the case has no
merit and the company intends to vigorously defend itself and its
officers in this action.  


DIRECTV INC: Undisclosed Termination Fee Suit Filed in Ariz.
------------------------------------------------------------
Courthouse News Service reports that DirecTV defrauds customers
by not disclosing that when they buy or "upgrade" equipment they
are bound into a one- to two-year contract, with "early
termination" fees of up to $480, a class action claims in
Maricopa County Court, Phoenix.

A copy of the Complaint in Slakans v. DirecTV, Inc., Case No.
CV2009-054111 (Ariz. Super. Ct., Maricopa Cty.), is available at:

     http://www.courthousenews.com/2009/09/28/DirecTV.pdf

The Plaintiff is represented by:

          Paul B. Mengedoth, Esq.
          MENGEDOTH LAW FIRM LLC
          14646 N. Kierland Blvd., Suite 140
          Scottsdale, AZ 85254
          Telephone: 480-778-9100


DIRECTV GROUP: Early Termination Fees Draw Injunction Request
-------------------------------------------------------------
Law.com reports that The National Law Journal reports that
lawyers for California customers of The DirecTV Group have filed
a preliminary injunction motion seeking to stop the satellite
television service from automatically withdrawing early
cancellation fees from customer bank accounts and credit cards
without their knowledge or consent.  The motion came in a lawsuit
alleging that DirecTV fails to adequately disclose the fees when
customers sign up or change their service.  A similar suit
involving a nationwide class is pending in federal court in Los
Angeles.

The National Law Journal's full report is available at
http://is.gd/3Kg7P

One of the customer's lawyers in the proceeding before the Los
Angeles Superior Court is:

          Jennifer Steinberg, Esq.
          MILSTEIN, ADELMAN & KREGER, LLP
          2800 Donald Douglas Loop North
          Santa Monica, CA 90405
          Telephone: 310.396.9600


ERIE INDEMNITY: Unpaid Overtime Worker Class Certified
------------------------------------------------------
Lisa Thompson at the Erie-Times News reports that a judge has
given preliminary approval for a federal class-action lawsuit to
proceed against Erie Indemnity Co. over allegations it failed to
pay overtime to claims adjusters in one of its Pittsburgh-area
offices.

The case concerns workers in Erie Indemnity's Murrysville office,
about 18 miles west of Pittsburgh.  Erie Indemnity is the
management arm of Erie Insurance Group, one of Erie County's
largest employers.

The lead plaintiff, John Stanislaw, alleges that since February
2006, claims adjusters in the Murrysville office have been denied
overtime pay because management altered electronic pay records or
knowingly failed to record or pay hours that adjusters worked
outside the office.

He wants the court to order Erie Indemnity to pay overtime and
interest, damages and penalties on the wages it owes to those who
he claims were shorted on overtime pay.

For the class-action suit to proceed, the parties must now submit
to U.S. District Judge Sean J. McLaughlin a proposed notice that
will be advertised and mailed to the affected employees from the
Murrysville office.  Those employees may then seek to join the
suit and share in any proceeds, should the plaintiffs prevail in
the litigation.

Erie Indemnity denies the allegations.

Mr. Stanislaw, of Fairbank, near Washington, Pa., worked as a
claims adjuster from April 2000 to Feb. 28, 2007, when he was
fired, according to court records.

He filed his suit in federal court in Erie, Pa., in August 2007.


GLOBAL HORIZON: Thai Orchard Workers Allege Labor Violations
------------------------------------------------------------
Nick Divito at Courthouse News Service reports that in a [Los
Angeles] Superior Court class action, migrant farm workers from
Thailand say they were lured into paying up to $17,000 apiece to
work in Washington state for $8.71 an hour, but were paid less
than minimum wage and never got their promised work schedule.

Somkhit Nasee, Wisit Kampilo and Bunsri Nametha say they were
hired by Global Horizons Manpower to work as seasonal
agricultural workers at Valley Fruit Orchards and/or Green Acre
Farms in eastern Washington.

The men say they had to pay for physical exams, visa
applications, travel, passports and other fees of up to $17,000.
They say they signed year-long employment contracts promising
work for 8 hours a day, five days a week, at $8.71 an hour.

But the men say they were not given the promised work, and that
they were paid less than minimum wage when they did work.

They seek unpaid wages and damages.

The plaintiffs are represented by:

          Michael Withey, Esq.
          601 Union Street, Suite 4200
          Seattle, WA 98101
          Telephone: (206) 405-1800

American Arbitration Association records available on-line at
http://www.adr.org/sp.asp?id=31610indicate that Messrs. Nasee  
and Kampilo and Ratthapon Yapunya initiated an arbitration
proceeding, identified as No. 11 160 00167 07, against Global
Horizons Manpower, Inc., in January 2007, and that proceeding was
terminated for failure to pay costs in October 2008.  In that
arbitration proceeding, the Claimants were represented by:

          Brad J. Moore, Esq.
          Stritmatter Kessler Whelan Coluccio
          200 Second Ave West
          Seattle, WA 98119-4204
          Telephone: 206-448-1777
          Fax: 206-728-2131

               - and -  

          Jeffrey Finer, Esq.
          Center for Justice
          Community Bldg.
          35 West Main, Suite 300
          Spokane, WA 99201
          Telephone: 509-835-5211
          Fax: 509-835-3867
          E-mail: jfiner@cforjustice.org

and Global Horizon was represented by:

          Chrystal Bobbitt, Esq.
          Global Horizons Inc.
          11111 Santa Monica Blvd. #1440
          Los Angeles, CA 90025
          Telephone: 310-234-8475
          Fax: 310-234-0786
          E-mail: chrystal@gmpusa.com

Additionally, Messrs. Nasee, Kampilo and Yapunya sued Global
Horizons Manpower, Inc., Mordechai Orian, Platte River Insurance
Company, Accredited Surety And Casualty Company, Inc., Valley
Fruit Orchards, LLC, and Green Acre Farms, Inc., in U.S. District
Court in 2006.  See Yapuna, et al., v. Global Horizons Manpower,
Inc., et al., Case No. 06-cv-03048 (E.D. Wash.).  


HARLEYSVILLE NATIONAL: Three Suits Challenge First Niagara Merger
-----------------------------------------------------------------
Harleysville National Corp. and First Niagara Financial Group,
Inc., have been named as a defendant in two class action
lawsuits:

     -- Seibert v. Harleysville National Corp., et al., Case No.
        2009-23331 (Pa. Ct. of Common Pleas, Montgomery Cty.);
        and

     -- McAuvic v. Geraghty, et al., Case No. 2009-23764 (Pa. Ct.
        of Common Pleas, Montgomery Cty.);

and Harleysville, but not First Niagara, has been named as a
defendant in a third class action lawsuit:

     -- Shoemaker, et ux. v. Harleysville National Corp., et al.,
        Case No. 2009-23602 (Pa. Ct. of Common Pleas, Montgomery
        Cty.).

Both actions challenge the terms of the proposed merger
transaction with Harleysville National Corporation and its wholly
owned subsidiary, Harleysville National Bank.  

The Seibert and McAuvic complaints each charge that Harleysville
National Corporation and its directors breached their fiduciary
duties to Harleysville National Corporation stockholders by
failing to negotiate a fair price for Harleysville National
Corporation stock.  In addition, the plaintiffs claim that the
process leading to the proposed Merger was unfair.  The
complaints allege that First Niagara aided and abetted the
breaches of fiduciary duty by Harleysville National Corporation
and its directors.  

First Niagara says it believes the claims in the complaints are
without merit.

In the merger transaction:

   -- Harleysville is represented by:

          G. Daniel O'Donnell, Esq.
          Ian A. Hartman, Esq.
          DECHERT LLP
          Cira Centre
          2929 Arch Street
          Philadelphia, PA 19104-2808
          
               - and -  
       
          Nicholas Bybel, Jr., Esq.
          G. Philip Rutledge, Esq.
          Bybel Rutledge LLP
          1017 Mumma Road, Suite 302
          Lemoyne, PA 17043

   -- First Niagara is represented by:

          John Mineo, Esq.
          Senior Vice President, General Counsel
          First Niagara Financial Group, Inc.
          6950 South Transit Road
          P.O. Box 514
          Lockport, NY 14095-0514

               - and -  

          John J. Gorman, Esq.
          Marc P. Levy, Esq.
          LUSE GORMAN POMERENK & SCHICK, P.C.
          5335 Wisconsin Avenue, N.W., Suite 780
          Washington, D.C. 20015

In the class action litigation:

   -- Mr. Seibert is represented by:

          Vincent Coppola, Esq.
          513 Court Place
          Pittsburgh, PA 15219

   -- Mr. McAuvic is represented by:

          Eric L. Young, Esq.
          KENNEY LENNON & EGAN
          3031 C Walton Road, Suite 202
          Plymouth Meeting, PA 19462

   -- Mr. and Mrs. Shoemaker are represented by:

          Jason Brodsky, Esq.
          Two Bala Plaza, Suite 602
          Bala Cynwyd, PA 19004    

   -- Harleysville and the individual Defendants are represented
      by:

          Michael J. Newman, Esq.
          DECHERT LLP
          Cira Centre
          2929 Arch Street
          Philadelphia, PA 19104-2808

               - and -  

          Joseph A. Tate, Esq.
          1719 Packard Building
          Philadelphia, PA 19102      4952

               - and -  

          Mason Avrigian, Jr., Esq.
          Jeffrey P. Wallack, Esq.
          WISLER PEARLSTINE POTASH LLP
          484 Norristown Road, Suite 100
          Blue Bell, PA 19422


LABCORP: Lawyer Reportedly Sniffing for Class-Action Fodder
-----------------------------------------------------------
Kirell Lakhman at Genomeweb.com reports that a law firm in
Chicago specializing in debt collection hopes to file a class-
action suit against LabCorp for allegedly inflating patient co-
payments.

Genomeweb relates that according to a post in the subtly named
LabCorpSucks.com, "[i]t seems that LabCorp might be billing the
patient's insurance company and then over-charging the patient
more than the patient responsibility portion of the insurance
company requires [sic] (or as they call it in the insurance
world, more than the co-payment)."

The writer of the missive says he "recently" received an email
from:

          John Hoevel, Esq.
          Hoevel & Associates, P.C.
          3725 N. Western Avenue
          Chicago, IL 60618
          Telephone: 773-539-0937
          Fax: 773-539-2201

"who is thinking about filing a class action lawsuit against
LabCorp" based on these allegations.  "The bottom line is that if
LabCorp is billing patients more than they are allowed, Hoevel &
Associates wants to stop them," according to the post.  The post
lists several criteria that potential plaintiffs must meet, and
adds that LabCorp employees "might even get a reward" if they
"know about this or any other unethical practice by LabCorp."

Genomeweb says it's waiting to hear back from LabCorp and from
Hoevel & Associates.


MORTGAGE ELECTRONIC: Challenge to MERS' Forclosure Suit Standing
----------------------------------------------------------------
Courthouse News Service reports that Mortgage Electronic
Registration Systems claims to be a real party in interest in
thousands of foreclosure proceedings, but is not, according to a
class action in San Francisco Federal Court.

A copy of the Complaint in Perlas, et al. v. Mortgage Electronic
Registration Systems, Inc., et al., Case No. 09-cv-04500 (N.D.
Calif.), is available at:

     http://www.courthousenews.com/2009/09/28/Foreclose.pdf

The Plaintiff is represented by:

          Michael R. Reese, Esq.
          REESE RICHMAN LLP
          875 Avenue of the Americas, 18th Floor
          New York, NY 10001


PROMIGAS: Eight Years Later, Explosion Suit in "Initial Stage"
--------------------------------------------------------------
A class action suit is pending against Promigas S.A. (a Colombian
affiliate of AEI) whereby plaintiffs seek to recover $5 million
in damages resulting from a pipeline explosion caused by
terrorists in October 2001.  While the matter is still in the
initial stage, the Company does not believe that the currently
expected outcome will have a material adverse effect on its
financial condition, results of operations, or liquidity.  No
reserves in respect to this claim have been established by
Promigas or AEI.


PROVIDE COMMERCE: Suit Calls "Easy Saver Rewards Program" Bogus
---------------------------------------------------------------
Elizabeth Banicki at Courthouse News Service reports that on-line
retailer Provide Commerce charges customers for items they didn't
order and don't want, through a bogus "Easy Saver Rewards
Program," a class action claims in Federal Court.  The San Diego-
based business sells flowers and gifts through online sites
ProFlowers, Cherry Moon Farms, Red Envelope, Secret Spoon, and
Sharri's Berries, according to the complaint.

Lead plaintiff Bobbi Sledge, of Dallas Dallas, says she bought
flowers online from ProFlowers in April, and declined an offer to
be enrolled in its Easy Saver Rewards Program.

Sledge says she did not notice until August that her credit card
had been charged $14.95 a month anyway for the Easy Saver program
-- plus an "activation fee."  For this offer, which she refused,
she says she was offered a $15 discount coupon, which she never
got.  When she called to complain, an Easy Saver representative
insisted she had enrolled but could not provide any proof of it,
Sledge says.  Sledge says she's not the only one who's complained
of this. One customer says the charges were flagged by her bank
because the bank knew Easy Saver as a company with "a lot of red
flags," according to the complaint.

Sledge seeks class damages for violations of the Consumers Legal
Remedies Act, fraudulent misrepresentation, breach of contract,
breach of good faith, negligence, false advertising, unjust
enrichment, and conversion.  

A copy of the Complaint in Sledge v. Provide Commerce, Inc., Case
No. 09-cv-2094 (S.D. Calif.), is available at:

     http://www.courthousenews.com/2009/09/28/EasySaver.pdf

The Plaintiff is represented by:
          
          Burton LeBlanc, Esq.
          Melissa Hutts, Esq.
          Bruce Steckler, Esq.
          BARRON & BUDD, P.C.
          3102 Oak Lawn Avenue, Suite 1100
          Dallas, TX 75219

               - and -  
          
          Lori E. Andrus, Esq.
          Jennie Lee Anderson, Esq.
          ANDRUS ANDERSON LLP
          155 Montgomery Street, Suite 900
          San Francisco, CA 94104
   

SALLY BEAUTY: Class Action Suit Filed in Los Angeles
----------------------------------------------------
Jacqueline Walrath-Rider, on behalf of herself and all others
similarly situated, has sued Sally Beauty Holdings, Inc., a
Delaware corporation, Case No. BC422531 (Calif. Super. Ct., Los
Angeles Cty.), alleging violations of labor laws.  

The Plaintiff is represented by:

          Shaun Setareh, Esq.
          Law Offices of Shaun Setareh
          9454 Wilshire Blvd., Penthouse Suite 3
          Beverly Hills, CA 90212
          Telephone: 310-888-7771
          Fax: 310-888-0109

               - and -  

          Louis Benowitz, Esq.
          Law Office of Louis Benowitz
          9454 Wilshire Blvd., Penthouse Suite 34
          Beverly Hills, CA 90212
          Telephone: 310-888-7771
          Fax: 310-888-0109

Sally Beauty Holdings, Inc. (NYSE: SBH) is an international
specialty retailer and distributor of professional beauty
supplies with revenues of more than $2.5 billion annually.


SANOFI-AVENTIS: Zimulti Class Action Suit Dismissed in S.D.N.Y.
---------------------------------------------------------------
A.H. Mooradian, writing for Dow Jones Newswires, reports that
French pharmaceutical giant Sanofi-Aventis SA disclosed that In
re Sanofi-Aventis Securities Litigation, Case Nos. 07-cv-10279
and 08-cv-00021 (S.D.N.Y.) (Daniels, J.) -- a putative securities
class action law suit against the company over its unsuccessful
anti-obesity drug Zimulti -- has been dismissed with prejudice.  

A copy of Judge Daniel's 14-page Memorandum Opinion and Order is
available at no charge to registered ECF users at
https://ecf.nysd.uscourts.gov/doc1/12706882073

"The plaintiffs in the dismissed suit purported to represent a
class of persons who relied on allegedly misleading or inaccurate
statements made by or on behalf of the Company regarding the drug
candidate Zimulti prior to its failure to obtain Food and Drug
Administration approval in 2007," the French company said in a
brief statement.

Sanofi-Aventis said the court determined plaintiffs had failed to
state an actionable claim.

Zimulti, the Journal relates, acted as a receptor blocker and was
to be the brand name Sanofi-Aventis would have used in the U.S.
for its diet drug branded Accomplia in Europe, where it had been
marketed since 2006.

In November 2008 the company discontinued clinical trials of the
drug, effectively ending its development.  That December, it
voluntarily withdrew its European Union marketing authorization
for it.

At the time, the European Medicines Agency had concerns Acomplia
carried patient risk of depression, anxiety and stress disorders
which outweighed the drug's benefits.

Zimulti didn't make it onto the U.S. market after a 2007 FDA ban
due to side effects which included heightened risk of suicidal
thinking in patients.

When it was introduced, the Journal continues, Accmomplia/Zimulti
was hailed as a treatment for weight loss, substance abuse,
smoking and diabetes, among others.  It is generically known as
rimonabant and inhibits receptors in the brain which crave for
food and other substances.


SUNTRUST BANK: Auction-Rate Securities Suit Dismissed in N.D. Ga.
-----------------------------------------------------------------
Elizabeth Amon at Bloomberg News reports that the Honorable
Thomas Thrash granted a SunTrust Banks' motion to dismiss
Zisholtz v. SunTrust Banks Inc., Case No. 08-1287 (N.D. Ga.), on
Sept. 25.  The suit was brought by two investors claiming the
SunTrust misrepresented auction-rate securities as liquid
investments.  Judge Thrash ruled that the investors failed to
adequately claim the bank purposely misled investors.

"The plaintiffs' theory is that high level corporate officials
issued management directives and uniform sales materials to their
employees, which intentionally or recklessly misrepresented the
nature of auction rate securities," Judge Thrash wrote in the
opinion.  "This theory, while possible, is not strongly supported
by the Plaintiffs' allegations."

A copy of the Plaintiff's initial Complaint is available at:

      http://securities.stanford.edu/1039/STI_01/200842_f01c_081287.pdf

The Plaintiff is represented by:

          Eduard Korinsky, Esq.
          Elizabeth Berney, Esq.
          Jerald M. Stein, Esq.
          Juan E. Monteverde, Esq.
          LEVI & KORSINSKY, LLP
          39 Broadway, Suite 1601
          New York, NY 10006
          Telephone: (212) 363-7500
          
                         - and -  
          
          Steven D. Toskes, Esq.
          KLAYMAN & TOSKES, P.A.
          2424 North Federal Highway, Suite 450
          Boca Raton, FL 33431
          Telephone: (561) 997-9956
          
                         - and -  
          
          Corey Daniel Holzer, Esq.
          Marshall P. Dees, Esq.
          Michael Ira Fistel , Jr., Esq.
          HOLZER, HOLZER & FISTEL, LLC
          200 Ashford Center North, Suite 300
          Atlanta, GA 30338
          Telephone: (770) 392-0090
          
                         - and -  
          
          David Andrew Bain, Esq.
          LAW OFFICE OF DAVID A. BAIN, LLC
          1050 Promenade II
          1230 Peachtree Street, NE
          Atlanta, GA 30309
          Telephone: (404) 724-9990
          
SunTrust is represented by:

          Drew David Dropkin, Esq.
          Steven Lawrence Polk, Esq.
          Terry Robert Weiss, Esq.
          SUTHERLAND ASBILL & BRENNAN
          999 Peachtree Street, N.E., Suite 2300
          Atlanta, GA 30309-3996
          Telephone: (404) 853-8000
    

TRANSFIRST: Credit Card Merchant Fee Suit Filed in Orange County
----------------------------------------------------------------
MWPlus, LLC, a Texas limited liability company, on behalf of
itself and all others similarly situated, has sued TransFirst,
LLC, a Delaware limited liability company, and TransFirst
Holdings, Inc., a Delaware corporation, Case No.
30-2009-00180159 (Calif. Super. Ct., Orange Cty.), complaining
about credit card processing agreement termination fees.  

The Plaintiff is represented by:

          Brian R. Strange, Esq.
          Gretchen Carpenter, Esq.
          Tamina Madsen, Esq.
          STRANGE & CARPENTER
          12100 Wilshire Blvd., Suite 1900
          Los Angeles, CA 90025
          Telephone: 310-207-5055
          Fax: 310-826-3210

               - and -  

          Jeffery J. Crandall, Esq.
          Owens & Crandall, PLLC
          1859 North Lakewood Drive, Suit 104
          Coeur d'Alene, ID 83814
          Telephone: 208-667-8989
          Fax: 208-667-1939
      

TRE MILANO: Suit Alleged False & Deceptive Bargain Pricing
----------------------------------------------------------
Courthouse News Service reports that Tre Milano doubled the price
of its $155 "In Styler" hair product before offering a "buy one,
get one free" sale, according to a class action fraud complaint
in Bergen County Court, Hackensack, N.J.

A copy of the Complaint in Hoffman v. Tre Milano, LLC, Docket No.
BER-L-8154-09 (N.J. Super. Ct., Bergen Cty.), is available at:

     http://www.courthousenews.com/2009/09/28/CCAHair.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


                   New Securities Fraud Cases

BETAWAVE CORP: Shareholders Allege Fraud in N.Y. State Ct. Suit
---------------------------------------------------------------
Courthouse News Service reports that Betawave Corp. fka GoFish
Corp. sold $12.25 million in securities under misrepresentations,
shareholders claim in New York County Court.


                            *********

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

Class Action Reporter is a daily newsletter, co-published by
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USA.  Gracele D. Canilao, Leah Felisilda and Peter A. Chapman,
Editors.

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

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