CAR_Public/091002.mbx             C L A S S   A C T I O N   R E P O R T E R

            Friday, October 2, 2009, Vol. 11, No. 195
  
                            Headlines

ANABOLIC INDUSTRIES: Accused of Selling Steroids as Diet Drugs
AVIGEN INC: Faces Pennsylvania Funds' Suit Over MediciNova Sale
BANC WEST: Sued for Labor Law Violations in Los Angeles County
BANKRATE INC: Bid to Consolidate Fla. Shareholder Suits Pending
BIG 5 CORP: Sued for Overtime Pay Wrongs in Los Angeles County

CALIFORNIA: Affordable Housing Tenants Sue Transportation Dept.
CALIFORNIA FAIR: Wildfire Zone Homeowner Files Insurance Suit
CHEVRON: New Judge Named in Ecuadorean Environmental Case
CHOCOLATE MAKERS: Price Fixing Alleged in E.D. Pa. Antitrust Suit
CIT GROUP: Faces Consolidated Securities Fraud Suit in New York

CIT GROUP: Suits v. Unit on Consumer Laws Violations Ongoing
DEVRY INC: "Daghlian" Appeal Dismissed as Moot on July 31, 2009
DOLLAR TREE: No Trial Date Yet for Calif. Store Managers' Suit
J.P. TURNER: Class Action Suit Claims Broker Sold Ponzi Paper
LAMPLIGHT FARMS: Recalls 720,000 Flame Guards on Fuel Containers

LIFE SCIENCES: Faces Consolidated Amended Suit Over Merger Plans
LIFE SCIENCES: Plaintiffs Voluntarily Dismiss Ramaiah v. Baker
MAXIM INTEGRATED: Continues to Defend Securities Suit in Calif.
METLIFE: 2nd Cir. Writes New Formulation of Disqualification Rule
PARAGON SUSTEMS: Sued for Labor Law Violations in Los Angeles

PARALLEL PETROLEUM: Shareholders Challenge Apollo Merger in Del.
PERRIGO CO: Defends Amended Shareholder Suit Over Disclosure
PINNACLE FOODS: Lawsuit Says Cooking Instructions Inadequate
PRESSTEK INC: Settlement of Securities Suit Approved in July
REPROS THERAPEUTICS: Faces R.M. Berry's Suit Over Proellex Drug

SALAMANDER INNISBROOK: Contests Claims Over Age Discrimination
SMOKING EVERYWHERE: Lawsuit Challenges E-Cigarette's Safety Claim
VALLEY ORCHARD: Thai Orchard Workers Allege Labor Violations
WILLIAM LYONS: Homeowners Sue Builder for Disclosure Failures
ZIMMER HOLDINGS: Bid to Nix Amended "Dewald" Complaint Pending

ZIMMER HOLDINGS: Hip and Knee Replacements Suit Pending in N.Y.
ZIMMER HOLDINGS: Motion to Dismiss Securities Fraud Suit Pending

                       Asbestos Litigation

ASBESTOS UPDATE: Gippsland Asbestos Group Decries Hardie Appeal
ASBESTOS UPDATE: Denson Case v. 7 Firms Filed Sept. 17 in Texas
ASBESTOS UPDATE: Ratton School Teacher's Death Linked to Hazard
ASBESTOS UPDATE: Harrison Family Files Claim v. Moores Furniture
ASBESTOS UPDATE: David Eaves' Widow Gets GBP17T in Compensation

ASBESTOS UPDATE: Bevis Injury Claim v. Soflor Ltd Still Ongoing
ASBESTOS UPDATE: U.K. Police Officers to Undergo Health Checks
ASBESTOS UPDATE: Murray, McCollum Introduce Asbestos Resolutions
ASBESTOS UPDATE: Gang Arrested for Co. Durham Disposal Breaches
ASBESTOS UPDATE: Recology Seeks to Dispose of Hazards in Nevada

ASBESTOS UPDATE: Luzon Building in Tacoma Demolished on Sept. 26
ASBESTOS UPDATE: Morgan's Board Affirms Cleanup at W.Va. Schools
ASBESTOS UPDATE: Ameron Int'l. Facing 23 Injury Cases at Aug. 30
ASBESTOS UPDATE: Wagner License Suspended for Multiple Breaches
ASBESTOS UPDATE: CSX's Summary Judgment Bid Denied in Breedlove

ASBESTOS UPDATE: DEP Probing Alleged Pipe Mishandling at Sebring
ASBESTOS UPDATE: Belsize Watchmaker's Death Linked to Exposure
ASBESTOS UPDATE: Scapa, Asten Summary Judgment Denied in Barabin
ASBESTOS UPDATE: Supreme Court Upholds Ruling in Grenier Lawsuit
ASBESTOS UPDATE: Court OKs Union Carbide Judgment in Ross Action

ASBESTOS UPDATE: Tuscumbia Council Affirms $12T for Remediation
ASBESTOS UPDATE: $30,409 Fine Issued to Able for Cleanup Breach
ASBESTOS UPDATE: Cheyney University to Clean Up Campus Buildings
ASBESTOS UPDATE: Turnall to Utilize $5Mil for Plant Improvements
ASBESTOS UPDATE: Australian Gov't. to Publish Asbestos Register

ASBESTOS UPDATE: Hazard Discovered During Cleanup at Crow River
ASBESTOS UPDATE: Cleanup Delays Repairs at Warrnambool's Cinema
ASBESTOS UPDATE: Oakland Locals Call For SunCal Project Cleanup
ASBESTOS UPDATE: N.Y. Gov't. Checking Breaches at Market Street
ASBESTOS UPDATE: Midlands Factory Fire Raises Asbestos Concerns

ASBESTOS UPDATE: WHO Still Criticizes Asbestos Mining in Quebec

                            *********

ANABOLIC INDUSTRIES: Accused of Selling Steroids as Diet Drugs
--------------------------------------------------------------
Courthouse News Service reports that Anabolic Industries, Recomp
Performance Nutrition, and Nutra-Coastal Trading sell steroids as
diet supplements though they do not meet the definition of diet
supplements, according to separate class actions in Sacramento.

A copy of the Complaint in Nickel, et al. v. Anabolic Industries,
et al., Case No., 34-2009-00058968 (Calif. Super. Ct., Sacramento
Cty.), is available at:

     http://www.courthousenews.com/2009/09/29/Steroids.pdf

The plaintiffs are represented by:

          Gene J. Stonebarger, Esq.
          Richard D. Lambert, Esq.
          LINDSAY & STONEBARGER
          620 Coolidge Dr., Suite 225
          Folsom, CA 95630
          Telephone: 916-294-0002


AVIGEN INC: Faces Pennsylvania Funds' Suit Over MediciNova Sale
---------------------------------------------------------------
The Pennsylvania Funds, on Aug. 25, 2009, filed a class action
lawsuit in the Superior Court of the State of California, County
of Alameda, purportedly on behalf of the stockholders of Avigen,
Inc., against the company and its directors.

The suit alleges that the company's directors breached their
fiduciary duties to the stockholders of Avigen in connection with
the proposed acquisition of Avigen by MediciNova, Inc.  

The complaint seeks to enjoin the defendants from completing the
acquisition as currently contemplated.

Avigen and its directors intend to take all appropriate actions
to defend the suit, according to the company's Form 8-K filing
with the U.S. Securities and Exchange Commission dated Aug. 26,
2009.

Avigen, Inc. -- http://www.avigen.com/--is a biopharmaceutical  
company that has focused on identifying and developing
differentiated products to treat patients with serious disorders.  
The company's potential product is AV411, a glial attenuator, for
neuropathic pain and opioid withdrawal and methamphetamine
addiction.  The company is a development-stage company.  Prior to
October 2008, it had been developing a product candidate, AV650,
for the treatment of spasticity associated with multiple
sclerosis.  In December 2008, it completed a sale of its early-
stage AV513 program to Baxter Healthcare Corporation.


BANC WEST: Sued for Labor Law Violations in Los Angeles County
--------------------------------------------------------------
Stephen Weisbarth, individually, and on behalf of other members
of the general public similarly situated, and as an aggrieved
employee pursuant to the Private Attorneys General Act, has sued
Banc West Investment Services, Inc. and Bank of the West, Case
No. BC422202 (Calif. Super. Ct., Los Angeles Cty.), alleging
violations of employment laws.  

The Plaintiff is represented by:

          Monica Balderrama, Esq.
          Shawn Westrick, Esq.
          Grergory Yu, Esq.
          Initiative Legal Group, APC
          1800 Century Park East, 2nd Floor
          Los Angeles, California 90067
          Phone: 310-556-5637
          Fax: 310-861-9051


BANKRATE INC: Bid to Consolidate Fla. Shareholder Suits Pending
---------------------------------------------------------------
Motions to consolidate the three purported shareholder class
actions against Bankrate, Inc. in the Florida Circuit Court
remain pending.

In July and August 2009, four lawsuits have been filed on behalf
of a putative class of the company's public shareholders against
Bankrate, its directors and officers, and the parties to the
definitive agreement.

Three of the actions are pending in the Florida Circuit Court,
Fifteenth Judicial Circuit, Palm Beach County:

   -- Pfeiffer v. Evans, et al.,
   -- Bloch v. Bankrate, Inc., et al., and
   -- KBC Asset Management N.V. v. Bankrate, Inc., et al.

The fourth is pending in the U.S. District Court for the Southern
District of Florida, Novick v. Bankrate, Inc. et al.

The complaints variously allege, among other things, that the
defendants breached their fiduciary duties in connection with the
agreement and the transactions contemplated by the agreement by
failing to ensure that shareholders would obtain fair and maximum
consideration under the circumstances, and by failing to disclose
material information in the public filings.

The Pfeiffer complaint alleges that Bankrate and an affiliate of
Apax Partners LLP, and the KBC and Novick complaints allege that
Apax Partners LLP and certain of its affiliates, aided and
abetted the breaches of duty.

Certain of the complaints variously seek, among other things,
certification of a class consisting of owners of the company's
common stock excluding the defendants and their affiliates, an
order preliminarily and permanently enjoining the proposed
transaction, accounting by the defendants to plaintiff for all
damages allegedly caused by them and for all profits and any
special benefits obtained as a result of their purported breaches
of fiduciary duties, awarding plaintiff appropriate damages plus
interest, rescission of the transaction if it is consummated, a
judgment directing the directors to exercise their fiduciary
duties to obtain a transaction that is in the best interests of
shareholders until the process for the sale or auction of the
company is completed and the highest possible price is obtained,
and attorneys' fees and expenses.

On July 30, 2009, the plaintiff in the Bloch action filed an
amended complaint, motion for expedited proceedings, and motion
to consolidate the three actions pending in the Florida Circuit
Court.  On July 31, 2009, the plaintiff in the KBC Asset
Management action also filed an amended complaint, motion for
expedited proceedings, and motion to consolidate the three
actions pending in the Florida Circuit Court.  

The court in the Bloch action has scheduled a hearing on a
plaintiff's motion for preliminary injunction for Aug. 20, 2009.

Bankrate, Inc. -- http://www.bankrate.com/-- owns and operates  
an Internet-based consumer banking and personal finance network
(Online Network).  The company's flagship Website, Bankrate.com,
collates data and information on more than 300 financial products
and fees, including mortgages, credit cards, automobile loans,
money market accounts, certificates of deposit, checking and
automated teller machine (ATM) fees, home equity loans, and
online banking fees.  Bankrate also markets consumer and business
credit cards, as well as insurance for auto, home, life, health,
and long-term care.  In addition, Bankrate provides financial
applications and information to a network of online distribution
partners and through national and state publications.  On Feb. 5,
2008, the company acquired InsureMe, Inc. and Lower Fees, Inc. On
Sept. 5, 2008, Bankrate acquired LinkSpectrum Co. On Sept. 23,
2008, the company acquired Blackshore Properties, Inc.


BIG 5 CORP: Sued for Overtime Pay Wrongs in Los Angeles County
--------------------------------------------------------------
Estevan Acosta, on behalf of himself and all others similarly
situated, has sued Big 5 Corp., a Delaware corporation, Big 5
Sporting Goods Corporation, a Delaware corporation, and Big 5
Services Corp., a Virginia corporation, Case No. BC422637 (Calif.
Super. Ct., Los Angeles Cty.), alleging that the retailer doesn't
properly compute and pay overtime wages.  

The Plaintiff is represented by:

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

               - and -  

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


CALIFORNIA: Affordable Housing Tenants Sue Transportation Dept.
---------------------------------------------------------------
Maria Dinzeo at Courthouse News Service reports that the
California Department of Transportation and City of Hayward
refuse to help renters of affordable housing relocate from the
"excess residential land" that CalTrans is selling off, according
to a class action in Alameda County Court.

The class members live on a 14-mile stretch of land purchased in
the 1960s for the State Highway Route 238 Corridor, which was
blocked by litigation. They say the government is required to
help them find affordable replacement housing before kicking them
out on the street.

The governments' plans to sell the land will displace more than
400 renters, "the majority of whom have been renting for more
than ten or even thirty years," according to the complaint.

The class asks that the court order the government to help them
relocate or let them buy their homes at affordable prices.

A copy of the Complaint in Swanson, et al. v. The California
Department of Transportation, et al., Case N. 09476468 (Calif.
Super. Ct., Alameda Cty.), is available at:

     http://www.courthousenews.com/2009/09/30/AffHouse.pdf

The Plaintiffs are represented by:

          Stephen Ronfeldt, Esq.
          The Public Interest Law Project
          449 15th Street, Suite 301
          Oakland, CA 94612
          Telephone: 510-891-9794

               - and -  

          Stephen P. Berzon, Esq.
          Jonathan Weissglass, Esq.
          Peder J.V. Thoreen, Esq.
          ALTSHULER BERZON LLP
          177 Post Street, Suite 300
          San Francisco, CA 94108
          Telephone: 415-421-7151


CALIFORNIA FAIR: Wildfire Zone Homeowner Files Insurance Suit
-------------------------------------------------------------
Maria Dinzeo at Courthouse News Service reports that wildfire-
ravaged homeowners say California's negligible fire insurance
coverage left them holding the bag for most of their living
expenses and the cost of repairing their homes. The class claims
the California Fair Plan, a state provider of "basic property
insurance," underinsured them, refused to reimburse them for
property and charged extra for removing debris.

California homes in the "buffer zone between wild lands and urban
environments" are so susceptible to wildfires that most insurance
companies refuse to write fire insurance policies on them,
according to the Superior Court complaint. "Well over half of the
wildfires in California occur in this buffer zone."

The state plan is meant to protect homeowners there with the most
basic coverage mandated by law. But the class claims the
California Fair Plan does not provide basic coverage available on
the normal market.

Lead plaintiff Gaetan St. Cyr says he and his son are living in a
trailer after losing $81,000 that the plan should have given him
for a new place to live when his home was destroyed in the 2007
Corral Canyon wildfire.

Doug and Judi Pace hoped their rental home would pay for their
retirement, but the state refuses to reimburse them the $90,000
they lost on rent when it was wiped out in the same 2007 fire.

The class claims that the state also reduced the actual amount
they would be reimbursed on their homes in exchange for covering
additional structures on their properties and debris removal.

Mark Musicant claims he was charged $30,000 for debris removal,
taken from money he should have been paid for the loss of his
home.

Increased losses to wildfires are inevitable as more people move
into the buffer zones and build homes there, fire officials say.

"We call it the wildland-urban interface," Daniel Berlant of the
California Department of Forestry and Fire Protection said in an
interview. "More and more people are moving to these areas,
presumably to get out of the cities. There are more trees there,
more acreage, better views, more room to recreate. It's like
moving to the suburbs for them."

These areas are more susceptible to natural wildfires than urban
setting, and people who live there often trigger more fires, said
Mr. Berlant.

"As more and more people move to these areas there will be an
increase in the start of wildfires and more people will feel the
effects."

Mr. Berlant said most of the recent wildfires have been "human-
caused," but the devastation can be mitigated by homeowners
acknowledging their assumed risk and taking care of their own
homes.

"We put the responsibility back on the homeowners," Mr. Berlant
said. State law requires homeowners to clear dead vegetation for
100 feet around their properties, and fire-resistant plants,
rather than explosive ones like eucalyptus, can help.

"It's a 50-50 share," Mr. Berlant said. "We provide the offense
if they provide the defense. We have to work together because the
fire department can't do it all on its own."

The class demands damages and wants the state to change its fire
insurance policies to provide more coverage.

The case is St. Cyr, et al. v. California Fair Plan Association,
Case No. BC422741 (Calif. Super. Ct., Los Angeles Cty.).  

The Plaintiffs are represented by:

          Denise Jarman, Esq.
          Law Office of Denise Jarman
          102 E Street
          Davis, CA 95616
          Phone: 916-607-5692
          Fax: 866-715-4630


CHEVRON: New Judge Named in Ecuadorean Environmental Case
---------------------------------------------------------
Law.com reports that Gonzalo Solano, writing for The Associated
Press, reports that an Ecuadorean court dealt plaintiffs a
setback Tuesday in a $27 billion environmental contamination
lawsuit against Chevron, accepting the presiding judge's request
to be removed from the case so the government can investigate
Chevron's claims that he was involved in a bribery scheme.  A
verdict in the case had been expected this year, but the lead
attorney for the plaintiffs said it will take a new judge "four
to five months to get to know a case that has some 17,000
documents."

Mr. Solano's complete report is available at:

     http://editorial.incisivemedia.com/c/12vEqz1Xe1DAIgzRjK

Previous coverage about the underlying litigation appeared in the
Class Action Reporter on Mar. 26, 2009.


CHOCOLATE MAKERS: Price Fixing Alleged in E.D. Pa. Antitrust Suit
-----------------------------------------------------------------
Courthouse News Service reports that Albertson's, A&P, and HEB
grocery stories claims Cadbury Schweppes, Hershey, Mars, and
Nestle conspired to fix chocolate prices in the United States, in
an antitrust class action in Philadelphia Federal Court.

A copy of the Complaint in Albertson's LLC, et al. v. Cadbury
Schweppes plc, et al., Case No. 09-cv-04380 (E.D. Pa.) (Schiller,
J.), is available at:

     http://www.courthousenews.com/2009/09/29/Choco.pdf

The Plaintiff-grocers are represented by:

          Richard Alan Arnold, Esq.
          William J. Blechman, Esq.
          Scott E. Perwin, Esq.
          Douglas H. Patton, Esq.
          James T. Almon, Esq.
          KENNY NACHWALTER, P.A.
          201 S. Biscayne Blvd., Suite 1100
          Miami, FL 33131
          Telephone: 305-373-1000

               - and -  

          Joseph T. Lukens, Esq.
          HANGLEY ARONCHICK SEGAL & PUDLIN
          One Logan Square, 27th Floor
          Philadelphia, PA 19103
          Telephone: 215-496-7031


CIT GROUP: Faces Consolidated Securities Fraud Suit in New York
---------------------------------------------------------------
CIT Group, Inc., faces a consolidated amended securities fraud
class-action complaint in the U.S. District Court for the
Southern District of New York.

On July 25, 2008 and Aug. 22, 2008, putative class-action suits
were filed in the U.S. District Court for the Southern District
of New York against CIT, its Chief Executive Officer and its
Chief Financial Officer.

The lawsuits allege violations of the U.S. Securities Exchange
Act of 1934 and Rule 10b-5 promulgated thereunder during the
period from April 18, 2007 to March 5, 2008.

On Aug. 15, 2008, a putative class-action suit was filed in the
U.S. District Court for the Southern District of New York by the
holder of CIT PrZ equity units against CIT, its Chief Executive
Officer, its Chief Financial Officer and members of its Board of
Directors.

The lawsuit alleges violations of Sections 11 and 12 of the
Securities Act of 1933 with respect to the Company's
registration statement and prospectus filed with the SEC on
October 17, 2007 through March 5, 2008.

Each of the above lawsuits is premised upon allegations that the
Company made false and misleading statements and or omissions
about its financial condition by failing to account in its
financial statements or, in the case of the preferred
stockholder, its registration statement and prospectus, for
private student loans related to a pilot training school, which,
plaintiffs allege were highly unlikely to be repaid and should
have been written off.

The plaintiffs seek, among other relief, unspecified damages and
interest.

On July 16, 2009, the Lead Plaintiff filed a consolidated amended
complaint alleging violations of the Securities Exchange Act of
1934 and the Securities Act of 1933.  Specifically, it is alleged
that the company, its CEO, its CFO, its former Vice Chairman, and
its former Executive Vice President and Controller, violated
Section 10(b) of the 1934 Act by allegedly making false and
misleading statements and omissions regarding CIT's subprime home
lending and student lending businesses.  The allegations relating
to the company's student lending businesses are based upon the
assertion that the company failed to account in its financial
statements or, in the case of the preferred stockholders, its
registration statement and prospectus, for private student loans
related to a helicopter pilot training school, which, it is
alleged were highly unlikely to be repaid and should have been
written off.  The allegations relating to the company's home
lending business are based on the assertion that the company
failed to fully disclose the risks in its portfolio of subprime
loans.  It also is alleged that its CEO, its CFO, its former Vice
Chairman and its former Executive Vice President and Controller
violated Section 20(a) of the 1934 Act as controlling persons of
the company.  Lead Plaintiff also alleges that the company, its
CEO, its CFO and its former Executive Vice President and
Controller and those Directors of the company who signed the
registration statement in connection with the October 2007 CIT-
PrZ preferred offering violated Sections 11 and/or 12 of the 1933
Act by making false and misleading statements concerning the
company's student lending business.  It also is alleged that its
CEO and its CFO, as well as the Directors who signed the
registration statement, violated Section 15 of the 1933 Act as
controlling persons of the company, according to its Aug. 17,
2009, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended June 30, 2009.

CIT Group, Inc. -- http://www.cit.com-- is a global commercial
finance company that provides financial products and advisory
services to more than one million customers in over 50 countries
across 30 industries.  The products and services provided by CIT
include corporate finance, trade finance, transportation
finance, vendor finance, CIT bank and CIT insurance services.


CIT GROUP: Suits v. Unit on Consumer Laws Violations Ongoing
------------------------------------------------------------
Student Loan Xpress, Inc., a subsidiary of CIT Group, Inc.
engaged in the student lending business, continues to face
lawsuits, including putative class action lawsuits, over alleged
violations of state consumer protection laws.

In February 2008, a helicopter pilot training school filed for
bankruptcy and ceased operating.

SLX had originated private (non-government guaranteed) loans to
approximately 2,600 students of the school, which totaled
approximately $196.8 million in principal and accrued interest as
of Dec. 31, 2007.  SLX ceased originating new loans to students
of this school in September 2007, but a majority of SLX's student
borrowers had not completed their training when the school ceased
operations.  Collectability of the outstanding principal and
interest on the balance of the loans will depend on a number of
factors, including the student's current ability to repay the
loan.

After the school filed for bankruptcy, and ceased operations, SLX
voluntarily placed those students who were in school at the time
of the closure "in grace" such that no payments under their loans
are required to be made and no interest on their loans is
accruing, pending further notice.

Lawsuits, including four putative class action lawsuits and one
collective action, have been filed against SLX and other lenders
alleging, among other things, violations of state consumer
protection laws.

In addition, several other attorneys who purport to represent
student borrowers have threatened litigation if their clients do
not receive relief with respect to their debts to SLX.

SLX participated in a mediation with several class counsels and
the parties have made substantial progress towards a resolution
of the student claims against SLX, and has completed a settlement
of a mass action commenced by students in Georgia, which is
binding upon 37 SLX borrowers.

The Attorneys General of several states are reviewing the impact
of the helicopter pilot training school's closure on the student
borrowers and any possible role of SLX.  SLX is cooperating in
each of the Attorney General inquiries, according to the
company's Aug. 17, 2009, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2009.

CIT Group, Inc. -- http://www.cit.com-- is a global commercial
finance company that provides financial products and advisory
services to more than one million customers in over 50 countries
across 30 industries.  The products and services provided by CIT
include corporate finance, trade finance, transportation
finance, vendor finance, CIT bank and CIT insurance services.


DEVRY INC: "Daghlian" Appeal Dismissed as Moot on July 31, 2009
---------------------------------------------------------------
The plaintiffs' appeal from the U.S. District Court for the
Central District of California's decisions in the suit, Saro
Daghlian v. DeVry University, Inc., et al., Case No.
2:06-cv-00994-MMM-PJW, was dismissed on July 31, 2009.

Saro Daghlian, a former student at a California DeVry University
campus, filed a lawsuit over the defendants' alleged violations
of state education laws.  Originally, Ms. Daghlian brought the
putative class action suit in the California state district
court for the County of Los Angeles.  The case was removed to
the U.S. District Court for the Central District of California.

Mr. Daghlian alleges that DeVry's materials distributed to
students did not comply with California state statutes including
a California Education Code requirement to provide a specified
statement to prospective students concerning the transferability
of credits.

On June 11, 2007, the District Court issued an order certifying
a class under the California Unfair Competition Law, California
Business & Professions Code, section 17200 (UCL), comprised of
students who enrolled and paid tuition at a California DeVry
school in the four years prior to the date when the suit was
filed.

In October 2007, at DeVry's request, the Court entered a Summary
Judgment and dismissed all of Mr. Daghlian's class claims under
the UCL, on the grounds that the statutory provisions of the
California Education Code underlying Mr. Daghlian's claims
unconstitutionally discriminated against out-of-state regionally
accredited universities, in violation of the Dormant Commerce
Clause and the Equal Protection Clause of the Fourteenth
Amendment.

The Court also entered judgment in DeVry's favor on Mr.
Daghlian's individual claim under the California Education Code.
Mr. DeVry had contended that the California Education Code
compelled speech in violation of the First Amendment.

In addition, the Court vacated the existing trial schedule and
granted DeVry leave to file a second motion for summary judgment
directed to Mr. Daghlian's remaining individual claims under the
UCL and False Advertising Law.

On Jan. 8, 2008, the plaintiffs filed a Notice of Appeal with
the U.S. Court of Appeals for the Ninth Circuit (Class Action
Reporter, Feb. 19, 2009).

On July 31, 2009, the Ninth Circuit dismissed the appeal as moot,
citing the repeal of the statute on which all plaintiffs' claims
had been based, according to DeVry Inc.'s Aug. 26, 2009, Form 10-
K filing with the U.S. Securities and Exchange Commission for the
fiscal year ended June 30, 2009.

The suit is Saro Daghlian v. DeVry University, Inc., et al.,
Case No. 2:06-cv-00994-MMM-PJW (C.D. Calif.) (Morrow, J.).

Representing the plaintiffs are:

         Michael D. Braun, Esq.
         Braun Law Group
         12400 Wilshire Boulevard, Suite 920
         Los Angeles, CA 90025
         Phone: 310-442-7755
         E-mail: service@braunlawgroup.com

              - and -

         Janet Lindner Spielberg, Esq.
         Janet L. Spielberg Law Offices
         12400 Wilshire Boulevard, Suite 400
         Los Angeles, CA 90025
         Phone: 310-392-8801
         E-mail: jlspielberg@jlslp.com

Representing the defendants is:

         Van T. Lam, Esq.
         Reed Smith
         355 South Grand Avenue, Suite 2900
         Los Angeles, CA 90071-1514
         Phone: 213-457-8000


DOLLAR TREE: No Trial Date Yet for Calif. Store Managers' Suit
--------------------------------------------------------------
No trial date has been scheduled for a class action by brought
by California store managers against Dollar Tree, Inc.,
according to the company's Aug. 26, 2009, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter
ended Aug. 1, 2009.

In 2007, two store managers filed a class action against the
company in California federal court, claiming they and other
California store managers should have been classified as non-
exempt employees under California and federal law.

The Court has allowed notice to be sent to all California store
managers employed since Dec. 12, 2004.

The plaintiffs estimate the class to be approximately 733
individuals.

Dollar Tree, Inc. -- http://www.dollartree.com/-- formerly
Dollar Tree Stores, Inc., is an operator of discount variety
stores offering merchandise at the fixed price of one dollar.
At Jan.31, 2009, the company operated 3,591 discount variety
retail stores in 48 states.  Approximately 3,450 of these stores
sell substantially all items for one dollar or less.  The
remaining stores, operating as Deal$, sell most items for one
dollar or less but also sell items for more than one dollar.
Dollar Tree's stores operate under the names of Dollar Tree,
Deal$ and Dollar Bills.


J.P. TURNER: Class Action Suit Claims Broker Sold Ponzi Paper
-------------------------------------------------------------
Jacqueline J. Holness at Courthouse News Service reports that
Atlanta-based securities dealer J.P. Turner & Co. sold securities
for a multimillion-dollar Ponzi scheme, according to a class
action in Federal Court. The plaintiffs say Turner sold interest
in more than a dozen "Shale Royalties" offerings through an
agreement with Provident Asset Management - both of which have
been sued by the SEC.

The two named plaintiffs say they lost $25,000 and $50,000 due to
"misstatements and omissions made by J.P. Turner." Provident's
Ponzi scheme began collapsing in January this year, and Provident
and about 20 of its Shale Royalties, or SR affiliates, filed for
bankruptcy in June, according to the complaint, In July, the SEC
sued Provident and all the SR entities in Dallas.

Only Turner is named as a defendant in this class action.

The class claims Turner sold interests in SRs 2 through 10, 12,
14, and 15, which raised a total of more than $333 million from
more than 5,000 investors.

But "Provident and Shale Royalties were not profitable entities
that had generated or would generate substantial surpluses of
revenue, sufficient to pay eye-popping returns to investors,"
according to the complaint. The class accuses Turner of
"recklessly failing to disclose a multitude of material facts"
which it knew, or should have known about.

The class claims Turner failed to demand audited financial
statements. and "the absence of audited financial statements
should have (but apparently did not) suggest to J.P. Turner that
Provident and the various SR entities were suspicious entities
and not suitable for offering or sale to anyone."

The plaintiffs seek rescission and compensatory damages.

A copy of the Complaint in Brown, et al. v. J.P. Turner &
Company, LLC, Case No. 09-cv-2649 (N.D. Ga.), is available at:

     http://www.courthousenews.com/2009/09/29/PonziAtlanta.pdf

The Plaintiffs are represented by:

          Corey D. Holzer, Esq.
          Michael I. Fistel, Esq.
          Marshall P. Dees, Esq.
          HOLZER HOLZER & FISTEL, LLC
          200 Ashford Center North, Suite 300
          Atlanta, GA 30338
          Telephone: 770-392-0090

               - and -  

          David A. Rothstein, Esq.
          Jeffrey B. Kaplan, Esq.
          Lorenz M. Pruss, Esq.
          DIAMOND KAPLAN & ROTHSTEIN, P.A.
          Offices at Grand Bay Plaza
          2665 South Bayshore Drive, PH-2B
          Miami, FL 33133
          Telephone: 305-374-1920

               - and -  

          Scott L. Silver, Esq.
          Scott L. Adkins, Esq.
          BLUM & SILVER, LLP
          12540 West Atlantic Blvd.
          Coral Springs, FL 33071
          Telephone: 954-255-8181


LAMPLIGHT FARMS: Recalls 720,000 Flame Guards on Fuel Containers
----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Lamplight Farms Inc., of Menomonee Falls, Wis., announced a
voluntary recall of about 720,000 Flame Guards on Clear-Vu(r)
Torch Fuel Containers.  Consumers should stop using recalled
products immediately unless otherwise instructed.

The flame guards on the recalled replacement torch fuel
containers can malfunction and cause the containers to melt while
the torch is in use, posing a fire hazard to consumers.

Lamplight has received 35 reports of the fuel containers melting
while the torch was lit including one report of a minor burn
injury.

The recall involves Clear-Vu(r) Torch Fuel Containers sold as
replacements. "RC" is stamped on the underside of the flame
guard.  Clear-Vu(r) torch fuel containers that came with torches
are not included in this recall.  Pictures of the recalled
product are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml09/09349.html

The recalled products were sold at discount, hardware, and home
improvement stores nationwide from January 2008 through August
2009 for between $1 and $3, and were manufactured in China.

Consumers should immediately stop using the recalled flame guards
on Clear-Vu(r) torch fuel containers and contact Lamplight to
receive a free repair kit.  For more information, contact
Lamplight toll-free at (866) 671-7988 between 8 a.m. and 5 p.m.
ET Monday through Friday, or visit the firm's Web site at
http://www.lamplight.com/


LIFE SCIENCES: Faces Consolidated Amended Suit Over Merger Plans
----------------------------------------------------------------
Life Sciences Research, Inc., reports that on Aug. 29, 2009, a
Consolidated Amended Class Action and Derivative Complaint was
filed with respect to the proposed merger of the Company with and
into Lion Merger Corp. -- Merger Sub -- an entity controlled by
Andrew Baker, the Chairman and Chief Executive Officer of the
Company, contemplated by the Agreement and Plan of Merger, dated
July 8, 2009, by and among the Company, Lion Holdings, Inc. and
Merger Sub.

The complaint combines and supplements the two previously
disclosed existing actions brought with respect to the Merger:
Berger v. Life Sciences Research, et al., which was originally
filed on March 9, 2009, and was amended on July 13, 2009, and
Oakland v. Life Sciences Research, Inc., et al., which was filed
on August 10, 2009.  The consolidation of the two actions is
subject to court approval.

The Consolidated Complaint was filed in the Superior Court of New
Jersey, Chancery Division, Somerset County (Civil Action No. SOM-
C-12006-09) and names as defendants the Company, Mr. Baker and
the other members of the Company's Board of Directors.  The
Consolidated Complaint, which makes both direct and derivative
claims, alleges, among other things, that the directors breached
their fiduciary duties in connection with the Merger by agreeing
to sell the Company for an unfair price pursuant to an unfair
process and by filing and circulating a proxy statement with
materially misleading disclosures and omissions, that Mr. Baker
controls the Company and its directors, that the directors were
motivated to accept Mr. Baker's offer because of concerns that a
public dispute with Mr. Baker would draw unwanted attention from
animal rights activists, that certain terms of the merger
agreement unfairly benefit Mr. Baker at the expense of the other
stockholders, including the absence of appraisal rights and
provisions providing for accelerated vesting of restricted stock,
restrictions on the solicitation of negotiations with respect to
third party proposals and termination fees, and that the company,
Mr. Baker and the Company's other directors each aided and
abetted the other defendants' breach of their fiduciary duties.  
The complaint seeks injunctive and other unspecified relief.

The company is responding appropriately to the lawsuit, according
to the company's Form 8-K filing with the U.S. Securities and
Exchange Commission dated Aug. 18, 2009.

Headquartered in East Millstone, New Jersey, Life Sciences
Research Inc. (NYSE Arca: LSR) -- http://www.lsrinc.net/-- is a
global contract research organization providing product
development services to the pharmaceutical, agrochemical and
biotechnology industries.  LSR operates research facilities in
the United States and the United Kingdom.


LIFE SCIENCES: Plaintiffs Voluntarily Dismiss Ramaiah v. Baker
--------------------------------------------------------------
Life Sciences Research, Inc. reports that the purported class
action lawsuit, Ramaiah v. Baker, et al., was voluntarily
dismissed by the plaintiffs thereto on Aug. 5, 2009, without
prejudice and without costs to any party.

The suit was filed in the Superior Court of New Jersey, Chancery
Division, Somerset County, on July 17, 2009.

No further details regarding the case were disclosed in the
company's Form 8-K filing with the U.S. Securities and Exchange
Commission dated Aug. 18, 2009.

Headquartered in East Millstone, New Jersey, Life Sciences
Research Inc. (NYSE Arca: LSR) -- http://www.lsrinc.net/-- is a
global contract research organization providing product
development services to the pharmaceutical, agrochemical and
biotechnology industries.  LSR operates research facilities in
the United States and the United Kingdom.


MAXIM INTEGRATED: Continues to Defend Securities Suit in Calif.
---------------------------------------------------------------
Maxim Integrated Products, Inc. continues to defend a putative
class action complaint was filed against the company, its former
chief executive officer, now deceased, and its former chief
financial officer in the U.S. District Court for the Northern
District of California

The complaint, filed on Feb. 6, 2008, alleges that the company
and certain of its officers and directors violated the federal
securities laws by making false and misleading statements and
omissions relating to the grants of stock options.  It seeks, on
behalf of persons who purchased the company's common stock during
the period from April 29, 2003 to Jan. 17, 2008, unspecified
damages, interest and costs and expenses, including attorneys'
fees and disbursements.  

On May 15, 2008, the Court appointed the Cobb County Government
Employees Pension Plan, the DeKalb County Pension Plan and the
Mississippi Public Employees Retirement System as co-lead
plaintiffs and Bernstein Litowitz Berger & Grossman LLP and
Chitwood Harley Harnes LLP as co-lead counsel.

On Nov. 14, 2008, the lead plaintiffs filed a Consolidated Class
Action Complaint, which continues to assert claims under Sections
10(b) and 20(a) of the Exchange Act and names the Company, its
former chief executive officer, its former chief financial
officer and its former treasurer as defendants.  The Consolidated
Class Action Complaint seeks damages in an unspecified amount, as
well as interest, costs and expenses, including attorneys' fees.

On Jan. 30, 2009, the company moved to dismiss the Consolidated
Class Action Complaint, which motion, on July 16, 2009, was
granted in part and denied in part by the Court.  The company has
until Aug. 28, 2009 to answer the Complaint.

The company did not provide new updates as to the status of the
case in any of its filings with the Securities and Exchange
Commission.

Maxim Integrated Products, Inc. -- http://www.maxim-ic.com/--  
designs, develops, manufactures and markets a range of linear and
mixed-signal integrated circuits, referred to as analog circuits,
for a large number of customers in diverse geographical
locations.  The company also provides a range of high-frequency
process technologies and capabilities for use in custom designs.  
The major end markets in which the Company sells its products are
the industrial, communications, consumer and computing markets.  
On Oct. 27, 2008, the company acquired Mobilygen Corporation.  On
Dec. 29, 2008, the company acquired Innova Card (Innova Card),
fabless semiconductor company focusing on advanced secure
microcontroller technology for financial terminals.  In February
2009, the company acquired Zilog, Inc.'s universal remote control
hardware and secures transaction businesses.


METLIFE: 2nd Cir. Writes New Formulation of Disqualification Rule
-----------------------------------------------------------------
Law.com reports that Daniel Weis at the New York Law Journal
reports that in determining Debevoise & Plimpton should not be
removed as counsel in a case where several of its lawyers may be
called as witnesses, an appellate court has issued a "new
formulation" of the rule requiring attorneys' disqualification
for a conflict of interest.  The U.S Court of Appeals for the
Second Circuit ruled that a firm "can be disqualified by
imputation only if the movant proves by clear and convincing
evidence" that the witness will give testimony prejudicial to the
client and that the "integrity of the judicial system" will
suffer as a result.

A copy of the slip opinion in In re MetLife Demutualization
Litigation, No. 09-3716 (2d Cir.), is available at
http://is.gd/3OEJB

Mr. Wise's complete report is available at:

    http://www.law.com/jsp/article.jsp?id=1202433896113

Previous reporting about the Debevoise Disqualification issue
appeared in the Class Action Reporter on Sept. 22, 2009.


PARAGON SUSTEMS: Sued for Labor Law Violations in Los Angeles
-------------------------------------------------------------
Donald Schweinsburg, individually, and on behalf of all others
similarly situated, sued Paragon Systems, Inc., dba ParaSys,
Inc., Case No. BC422721 (Calif. Super. Ct., Los Angeles Cty.), on
Sept. 28, 2009, alleging labor law violations.  The plaintiff is
represented by:

          Scott Edward Cole, Esq.
          Kevin R. Allen, Esq.
          Scott Cole & Associates, APC
          1970 Broadway, Ninth Floor
          Oakland, CA 94612
          Phone: 510-891-9800
          Fax: 510-891-7030


PARALLEL PETROLEUM: Shareholders Challenge Apollo Merger in Del.
----------------------------------------------------------------
Courthouse News Service reports that directors of Parallel
Petroleum Corp. are selling the company too cheaply to Apollo
Global Management, for $3.15 per share or $483 million,
shareholders say in Delaware Chancery Court.

A copy of the Complaint in Hollinger v. Parallel Petroleum
Corporation, et al., Case No. 4922 (Del. Ch. Ct.), is available
at:

     http://www.courthousenews.com/2009/09/29/SCAParallel.pdf

The Plaintiff is represented by:

          Donald J. Enright, Esq.
          Elizabeth K. Tripodi, Esq.
          FINKELSTEIN THOMPSON LLP
          1050 30th Street, NW
          Washington, DC 20007
          Telephone: 202-337-8000

               - and -  

          Mark Punzalan, Esq.
          100 Bush Street, Suite 1450
          San Francisco, CA 94104
          Telephone: 415-398-8700

               - and -  

          David A. Jenkins, Esq.
          Robert K. Beste, III, Esq.
          SMITH, KATZENSTEIN & FURLOW LLP
          800 Delaware Avenue, Suite 1000
          Post Office Box 410
          Wilmington, DE 19899
          Telephone: 302-652-8400


PERRIGO CO: Defends Amended Shareholder Suit Over Disclosure
------------------------------------------------------------
Perrigo Company defends an amended purported shareholder class
action complaint, according to the company's Aug. 18, 2009, Form
10-Q filing with the U.S. Securities and Exchange Commission for
the fiscal year ended June 27, 2009.  

On June 15, 2009, the Court endorsed a stipulation appointing
several purported shareholders of the company, namely CLAL
Finance Batucha Investment Management, Ltd., The Phoenix
Insurance Company, Ltd., Excellence Nessuah Mutual Funds
Management, Ltd. and Excellence Nessuah Gemel & Pension, Ltd., as
Co-Lead Plaintiffs.

On July 31, 2009, these Co-Lead Plaintiffs filed an amended
complaint.

The amended complaint dropped all claims against the individual
defendants other than Joseph Papa and Judy Brown, and added a
"control person" claim under Section 20(a) of the Exchange Act
against the members of the company's Audit Committee, namely
Laurie Brlas, Gary Kunkle and Ben-Zion Zilberfarb.  

The amended complaint asserts the same statutory claims and
contains the same class action allegations as the original
pleading.  

The amended complaint alleges that the company should have
disclosed, prior to Feb. 3, 2009, that Lehman had sold the ARS to
the company and had provided the allegedly inflated valuation of
the ARS that the company adopted in its Form 10-Q filing for the
first quarter of fiscal 2009, which was filed with the SEC on
Nov. 6, 2008.

Under a Scheduling Order, the company had until Sept. 14, 2009,
to respond to the amended complaint.

Perrigo Company -- http://www.perrigo.com/-- is a global  
healthcare supplier that develops, manufactures and distributes
over-the-counter and prescription pharmaceuticals, nutritional
products, active pharmaceutical ingredients, and pharmaceutical
and medical diagnostic products.  The company operates in three
segments: Consumer Healthcare, Rx Pharmaceuticals and API.  The
company has other category that consists of the Israel
Pharmaceutical and Diagnostic Products.  The company operates
through wholly owned subsidiaries.  In the United States, its
operations are conducted through L. Perrigo Company, Perrigo
Company of South Carolina, Inc., Perrigo New York, Inc., Perrigo
Holland, Inc. and Perrigo Florida, Inc.  Outside the United
States, its operations are conducted through Perrigo Israel
Pharmaceuticals Ltd., Chemagis Ltd., Quimica y Farmacia S.A. de
C.V., Laboratorios Diba, S.A., Wrafton Laboratories Limited,
Brunel Pharma Limited and Galpharm Healthcare Ltd.


PINNACLE FOODS: Lawsuit Says Cooking Instructions Inadequate
------------------------------------------------------------
Courthouse News Service reports that a class action claims The
Pinnacle Foods Group distributed Swanson and Hungry Man frozen
pot pies whose cooking instructions did not assure that the food
would become hot enough to kill salmonella bacteria, in Oakland,
Calif., Federal Court.

A copy of the Complaint in Meaunrit, et al. v. The Pinnacle Foods
Group, LLC, Case No. 09-cv-4555 (N.D. Calif.), is available at:

     http://www.courthousenews.com/2009/09/29/CCAPinnacle.pdf

The Plaintiffs are represented by:

          Joe R. Whatley, Jr., Esq.
          Edith M. Kallas, Esq.
          Patrick J. Sheehan, Esq.
          WHATLEY DRAKE & KALLAS, LLC
          1540 Broadway, 37th Floor
          New York, NY 10036
          Telephone: 212-447-7070

               - and -  

          Alan M. Mansfield, Esq.
          THE CONSUMER LAW GROUP
          9466 Black Mountain Rd., Suite 225
          San Diego, CA 92126
          Telephone: 619-308-5034

               - and -  

          Howard Rubinstein, Esq.
          914 Waters Ave., Suite 20
          Aspen, CO 81611
          Telephone: 832-715-2788


PRESSTEK INC: Settlement of Securities Suit Approved in July
------------------------------------------------------------
The U.S. District Court for the District of New Hampshire, on
July 20, 2009, approved the settlement and entered a final
judgment in a purported securities class action suit against
Presstek, Inc.

On Oct. 26, 2006, the company was served with a complaint naming
the company, together with certain of its former executive
officers, as defendants in a purported securities class action
suit filed in the U.S. District Court for the District of New
Hampshire.

The suit claims to be brought on behalf of purchasers of
Presstek's common stock during the period from July 27, 2006
through Sept. 29, 2006.

The complaint alleges, among other things, that the company and
the other defendants violated Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder based on allegedly false forecasts of fiscal third
quarter and annual 2006 revenues.

As relief, the plaintiff seeks an unspecified amount of monetary
damages but makes no allegation as to losses incurred by any
purported class member other than himself, court costs and
attorneys' fees.

On Sept. 25, 2008, the parties reached a settlement of the
action, subject to confirmatory discovery by plaintiffs and court
approval, according to the company's Aug. 18, 2009, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended July 4, 2009.

Presstek, Inc. -- http://www.presstek.com/-- is a manufacturer  
and marketer of digital offset printing solutions.  These
products are engineered to provide a streamlined workflow that
shortens the print cycle time, reduces overall production costs.  
The company operates in two reportable segments: the Presstek
segment and the Lasertel segment.


REPROS THERAPEUTICS: Faces R.M. Berry's Suit Over Proellex Drug
---------------------------------------------------------------
R.M. Berry's putative class action lawsuit against Repros
Therapeutics, Inc., is pending in the U.S. District Court for the
Southern District of Texas, Houston Division.

On Aug. 7, 2009, R.M. Berry filed its suit naming the company,
Joseph Podolski, Paul Lammers, and Louis Ploth, Jr. as
defendants.

The lawsuit alleges that the defendants made certain misleading
statements related to the Company's Proellex drug.

To date, no proceedings of any kind have occurred in the lawsuit.

The company has retained counsel to assist it in defending this
action, according to the company's Form 8-K filing with the U.S.
Securities and Exchange Commission dated Aug. 18, 2009.

Repros Therapeutics Inc. -- http://www.reprosrx.com/-- is a  
development-stage biopharmaceutical company focused on the
development of oral small molecule drugs for unmet medical needs.


SALAMANDER INNISBROOK: Contests Claims Over Age Discrimination
--------------------------------------------------------------
Salamander Innisbrook, LLC, contests age discrimination claims
filed by Michael LeFave, Gilda Bartunek, Peter Cipolla, and
Elisabeth Conrath, individually and on behalf of others similarly
situated against the company.

Plaintiffs filed their original Complaint alleging discrimination
in the Sixth Judicial Circuit, in and for Pinellas County on Jan.
14, 2009.  Plaintiffs filed their Amended Complaint alleging
discrimination, again in state court, on Feb. 27, 2009.  
Plaintiffs' Amended Complaint in essence alleged the same facts
as those contained in their original Complaint; however, the
Amended Complaint alleged discrimination not only on behalf of
the named Plaintiffs, but also on behalf of those "similarly
situated" to the named Plaintiffs.

Plaintiffs' Amended Complaint indicated that they would be
bringing a "class action" under the ADEA on behalf of numerous
individuals.  Because Plaintiffs' Amended Complaint contained an
age discrimination claim under the ADEA, a federal statute,
Salamander removed the case to the Middle District of Florida,
i.e., to federal court, on March 11, 2009.  Under the ADEA,
plaintiffs wishing to pursue their claims of age discrimination
as a "class" must be officially "certified" as a class, and any
individual wanting to become a class member must "opt in" to join
the class.

Salamander has filed a response in opposition to Plaintiffs'
motion seeking conditional certification based on a number of
reasons.

To date, the court has not yet ruled on Plaintiffs' motion, and
as such, neither party has begun propounding discovery, according
to the company in its Aug. 14, 2009, Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarter ended
June 30, 2009.

Salamander Innisbrook, LLC, together with its affiliates,
Salamander Securities, LLC and Salamander Innisbrook Condominium,
LLC, on July 16, 2007, completed the purchase of the Innisbrook
Resort and Golf Club and all of the equity interest in Golf Host
Securities, Inc. from Golf Trust of America, Inc. and its
subsidiaries and affiliates.  The Resort is a 72-hole destination
golf and conference facility located near Tampa, Florida.  The
Resort features 1216 condominium rooms, all of which are owned by
third parties or affiliates.  Approximately 603 condominium
owners participate in a rental pool operated by the company.


SMOKING EVERYWHERE: Lawsuit Challenges E-Cigarette's Safety Claim
-----------------------------------------------------------------
Elizabeth Banicki at Courthouse News Service reports that Smoking
Everywhere, which makes electronic cigarettes that produce steam
instead of smoke, misleads the public by claiming its product is
not harmful though it has tested positive for human carcinogens
and a poison found in antifreeze, a Sacramento man claims in a
federal class action.

E-Cigarettes are battery-operated devices that look like
cigarettes and have cartridges filled with nicotine, flavors and
other chemicals.  They are sold online and at kiosks in shopping
malls around the United States.

Smoking Everywhere claims its product has been "toxicologically
tested and it contains no known ingredients that are considered
cancer-causing agents," according to the complaint.  It claims
the cigarettes are infused with vitamins A, B, and C, and are
actually a healthy dietary supplement, the complaint states.

But plaintiff Bryn Garrett says the e-cigarettes have tested
positive for human carcinogens, and that at least one cartridge
was found to contain diethylene glycol, "a poison found in
antifreeze that has been linked hundreds of deaths worldwide from
tainted toothpaste and cough syrup."

When confronted with an FDA finding that e-cigarettes are unsafe,
Elicko Taieb, CEO of Smoking Everywhere, said he is "pretty sure"
the product is safe, though "we are not 100 percent sure of the
side effects yet," according to the complaint.

Smoking Everywhere's e-cigarette devices cost $40 to $70, apiece,
Garrett says. He seeks damages for unfair competition and unjust
enrichment, and an injunction demanding that the company correct
its advertising.

A copy of the Complaint in Garrett v. Smoking Everywhere, Inc.,
Case No. 09-cv-_____ (E.D. Calif.), is available at:

     http://www.courthousenews.com/2009/09/30/EButts.pdf

The Plaintiff is represented by:

          Tonna K. Farrar, Esq.
          BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C.
          600 West Broadway, Suite 900
          San Diego, CA 92101
          Telephone: 619-756-7095

               - and -  

          Andrew S. Friedman, Esq.
          Elaine A. Ryan, Esq.
          Patricia N. Syverson, Esq.
          BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C.
          2901 N. Central Ave., Suite 1000
          Phoenix, AZ 85012-3311
          Telephone: 602-274-1100


VALLEY ORCHARD: Thai Orchard Workers Allege Labor Violations
------------------------------------------------------------
As reported in the Class Action Reporter on Sept. 30, 2009,
Somkhit Nasee, Wisit Kampilo and Bunsri Nametha sued Valley Fruit
Orchards, LLC, Green Acre Farms, Inc., Global Horizons Manpower,
Inc., and Platte River Insurance Company.  

The case is Nasse, et al. v. Valley Fruit Orchards, LLC, et al.,
Case No. BC422590 (Calif. Super. Ct., Los Angeles Cty.).  The
lawyers representing the Plaintiffs are:

          Michael Withey, Esq.
          Law Office of Michael Withey, PLLC
          601 Union Street, Suite 4200
          Seattle, WA 98101
          Phone: 206-405-1800
          Fax: 866-793-7316

               - and -  

          Brad J. Moore, Esq.
          Keith L. Kessler, Esq.
          Stritmatter Kessler Whelan Coluccio
          200 Second Avenue West
          Seattle, WA 98119
          Phone: 206-448-1777
          Fax: 206-728-2131

               - and -  

          Breean L. Beggs, Esq.
          Jeffrey K. Finer, Esq.
          Center for Justive
          35 West Main, Suite 300
          Spokane, WA 99201
          Phone: 509-835-5211
          Fax: 509-835-3867


WILLIAM LYONS: Homeowners Sue Builder for Disclosure Failures
-------------------------------------------------------------
Susanne L. Kostrenich, individually and on behalf of all others
similarly situated, Arash Tehrani, and Semiramis Tehrani, sued
William Lyon Homes, Inc., a California corporation, Covenant
Hills P-30A, LLC, a Delaware limited liability company, Thomas M.
Grable, Jeff Carter, Karen Soistman, and Lynne Pennington, Case
No. 30-2009-00306282 (Calif. Super. Ct., Orange Cty.), for
failure to disclose historical earth movement and other material
information related to their construction of their homes.  

The Plaintiffs are represented by:

          Joseph S. Schuchert, III, Esq.
          Robert S. Kostrenich, Esq.
          Exodus Law Group
          888 San Clemente, Suite 180
          Newport Beach, CA 92660
          Phone: 949-720-3070
          Fax: 949-258-5047

The lawsuit indicated that the purported class consists of 204
single-family residential property owners.  


ZIMMER HOLDINGS: Bid to Nix Amended "Dewald" Complaint Pending
--------------------------------------------------------------
The motion to dismiss an amended complaint in the putative
class-action suit styled Dewald v. Zimmer Holdings, Inc., et
al., is pending.

On Nov. 20, 2008, a complaint was filed, naming the company and
certain of its current and former directors and employees as
defendants.  The complaint relates to a putative class-action
suit on behalf of all persons who were participants in or
beneficiaries of the company's U.S. or Puerto Rico Savings and
Investment Programs between Oct. 5, 2007, and the date of filing
and whose accounts included investments in Zimmer's common
stock.

The complaint alleges, among other things, that the defendants
breached their fiduciary duties in violation of the Employee
Retirement Income Security Act of 1974, as amended, by
continuing to offer Zimmer stock as an investment option in the
plans when the stock purportedly was no longer a prudent
investment and that defendants failed to provide plan
participants with complete and accurate information sufficient
to advise them of the risks of investing their retirement
savings in Zimmer stock.

The plaintiff seeks an unspecified monetary payment to the
plans, injunctive and equitable relief, attorneys' fees, costs
and other relief.

On Jan. 23, 2009, the plaintiff filed an amended complaint that
alleges the same claims and clarifies that the class period is
Oct. 5, 2007, through Sept. 2, 2008.

The defendants filed a motion to dismiss the amended complaint
on March 23, 2009.

On June 12, 2009, the U.S. Judicial Panel on Multidistrict
Litigation entered an order transferring the Dewald case to the
U.S. District Court for the Southern District of Indiana for
coordinated or consolidated pretrial proceedings with the
Plumbers & Pipefitters Local Union 719 Pension Fund case and the
shareholder derivative action, Hays v. Dvorak et al., according
to Zimmer Holdings, Inc.'s Aug. 17, 2009, Amendment No. 1 to its
Form 10-Q filing with
the U.S. Securities and Exchange Commission for quarter ended
June 30, 2009.

Zimmer Holdings, Inc. -- http://www.zimmer.com/-- designs,
develops, manufactures and markets reconstructive orthopaedic
implants, including joint and dental, spinal implants, trauma
products and related orthopaedic surgical products.  The
Company's products include joint and dental reconstructive
orthopaedic implants, spinal implants, trauma products, and
related orthopaedic surgical products.  Its related orthopaedic
surgical products include surgical supplies and instruments
designed to aid in orthopaedic surgical procedures and post-
operation rehabilitation.  Orthopaedic surgeons and
neurosurgeons use spinal implants in the treatment of
degenerative diseases, deformities and trauma.  Trauma products
are used primarily to reattach or stabilize damaged bone and
tissue to support the body's natural healing process.


ZIMMER HOLDINGS: Hip and Knee Replacements Suit Pending in N.Y.
---------------------------------------------------------------
A purported class-action lawsuit filed against Zimmer Holdings,
Inc., and two subsidiaries, in connection with hip and knee
replacements, remains pending in the U.S. District Court for the
Southern District of New York.

The lawsuit, Thorpe v. Zimmer, Inc., et al., Case No.
08-cv-03888 (S.D.N.Y.) (McMahon, J.), filed on April 24, 2008,
names the company and two of its subsidiaries as defendants.  

The complaint relates to a putative class action suit on behalf
of certain residents of New York who had hip or knee implant
surgery involving Zimmer products during an unspecified period.  
The complaint alleges that the company's relationships with
orthopaedic surgeons and others violated the New York deceptive
practices statute and unjustly enriched the company.  The
plaintiff requests actual damages or $50.00, whichever is
greater, on behalf of each class member, a permanent injunction
from the company engaging in allegedly improper practices in the
future and restitution in an unspecified amount.

No further developments in the matter were disclosed in the
company's Zimmer Holdings, Inc.'s Aug. 17, 2009, Amendment No. 1
to its Form 10-Q filing with the U.S. Securities and Exchange
Commission for quarter ended June 30, 2009.

Representing the plaintiffs are:

          Andres F. Alonso, Esq.
          Parker Waichman & Alonso, LLP
          111 Great Neck Road
          Great Neck, NY 11021
          Phone: 516-466-6500
          Fax: 516-466-6665
          E-mail: aalonso@yourlawyer.com

               - and -

          Stuart George Gross, Esq.
          Shearman & Sterling LLP
          599 Lexington Avenue
          New York, NY 10022
          Phone: 212-848-4527
          Fax: 646-848-4527
          E-mail: sgross@shearman.com

               - and -

          Steven N. Williams, Esq.
          Cotchett, Pitre, Simon & McCarthy
          840 Malcolm Road
          Burlingame, CA 94010
          Phone: 650-697-6997
          Fax: 650-697-0577
          E-mail: swilliams@cpmlegal.com

Representing the defendant is:

          Theodore Grossman, Esq.
          Jones Day
          North Point
          901 Lakeside Avenue
          Cleveland, OH 44114
          Phone: 216-586-7268
          Fax: 216-579-0212
          E-mail: tgrossman@jonesday.com

Zimmer Holdings, Inc. -- http://www.zimmer.com/-- designs,
develops, manufactures and markets reconstructive orthopaedic
implants, including joint and dental, spinal implants, trauma
products and related orthopaedic surgical products.  The
Company's products include joint and dental reconstructive
orthopaedic implants, spinal implants, trauma products, and
related orthopaedic surgical products.  Its related orthopaedic
surgical products include surgical supplies and instruments
designed to aid in orthopaedic surgical procedures and post-
operation rehabilitation.  Orthopaedic surgeons and
neurosurgeons use spinal implants in the treatment of
degenerative diseases, deformities and trauma.  Trauma products
are used primarily to reattach or stabilize damaged bone and
tissue to support the body's natural healing process.


ZIMMER HOLDINGS: Motion to Dismiss Securities Fraud Suit Pending
----------------------------------------------------------------
The motion to dismiss a purported securities fraud class-action
lawsuit in Indiana remains pending, according to Zimmer Holdings,
Inc.'s Aug. 17, 2009, Amendment No. 1 to its Form 10-Q filing
with the U.S. Securities and Exchange Commission for quarter
ended June 30, 2009.

On Aug. 5, 2008, a complaint was filed in the U.S. District
Court for the Southern District of Indiana, entitled Plumbers
and Pipefitters Local Union 719 Pension Fund v. Zimmer Holdings,
Inc., et al., naming the company and two of its executive
officers as defendants.

The complaint relates to a putative class-action suit on behalf
of persons who purchased the Company's common stock between Jan.
29, 2008 and July 22, 2008.

The complaint alleges that the company and two of its executive
officers engaged in violations of the Securities Exchange Act of
1934, as amended, by issuing false and misleading statements
concerning its business and financial results during the
relevant time period.

The plaintiff seeks unspecified damages and interest, attorneys'
fees, costs and other relief.

On Dec. 24, 2008, the lead plaintiff filed a consolidated
complaint that alleges the same claims and relates to the same
time period.  The defendants filed a motion to dismiss the
consolidated complaint on Feb. 23, 2009.

Zimmer Holdings, Inc. -- http://www.zimmer.com/-- designs,   
develops, manufactures and markets reconstructive orthopaedic
implants, including joint and dental, spinal implants, trauma
products and related orthopaedic surgical products.  The
Company's products include joint and dental reconstructive
orthopaedic implants, spinal implants, trauma products, and
related orthopaedic surgical products.  Its related orthopaedic
surgical products include surgical supplies and instruments
designed to aid in orthopaedic surgical procedures and post-
operation rehabilitation.  Orthopaedic surgeons and
neurosurgeons use spinal implants in the treatment of
degenerative diseases, deformities and trauma.  Trauma products
are used primarily to reattach or stabilize damaged bone and
tissue to support the body's natural healing process.


                       Asbestos Litigation

ASBESTOS UPDATE: Gippsland Asbestos Group Decries Hardie Appeal
---------------------------------------------------------------
Gippsland Asbestos Related Diseases Support's secretary, Vicki
Hamilton, says she is appalled by James Hardie Industries N.V.'s
appeal on penalties filed against the Company's former directors,
ABC News reports.

In August 2009, the New South Wales Supreme Court found the
former directors made misleading statements about the amount of
money in a trust fund for asbestos sufferers. They were fined a
combined total of AUD750,000 and some were banned from managing
companies for several years.

The Company appeals against the penalties.

Ms. Hamilton said, "After being fined and found to be not good
corporate citizens, they want to get out of their legal
liabilities -- I just find that abhorrent."


ASBESTOS UPDATE: Denson Case v. 7 Firms Filed Sept. 17 in Texas
---------------------------------------------------------------
Willie Mae Denson, on behalf of husband Elijah Denson Sr., filed
an asbestos-related lawsuit against seven defendant corporations
in Jefferson County District Court, Tex., on Sept. 17, 2009, The
Southeast Texas Record reports.

The defendants are A.O. Smith Corp., Babcock Borsig Power, CBS
Corp., Cleaver-Brooks Inc., General Refractories Co., Ingersoll-
Rand Co., and Lockheed Martin Coporation.

According to the complaint, Mr. Denson worked as a laborer,
furnace worker and carpenter. Mrs. Denson claims the defendants
failed to test the asbestos-containing products before they were
introduced into the stream of commerce.

This is the second suit filed over asbestos-related injuries to
Mr. Denson. In this one, Mrs. Denson claims a different injury on
behalf of her husband than in the prior complaint. She says the
defendant companies were negligent by failing to timely warn Mr.
Denson about the dangers of asbestos.

The suit states the companies also negligently continued to
manufacture the products around which Mr. Denson worked, even
after they were aware of the asbestos danger.

According to the suit, Mr. Denson was unaware of the hazards and
defects in the asbestos-containing products.

Mrs. Denson seeks unspecified actual and exemplary damages, plus
costs, pre- and post-judgment interest and for other relief the
Court deems appropriate.

Bryan O. Blevins, Esq., and Aaryn K. Giblin, Esq., of Provost and
Umphrey Law Firm in Beaumont, Tex., represent Mrs. Denson.

Case No. B184-938 has been assigned to Judge Gary Sanderson, 60th
District Court.


ASBESTOS UPDATE: Ratton School Teacher's Death Linked to Hazard
---------------------------------------------------------------
An inquest found that the death of 71-year-old Neville Beck, a
former Ratton School teacher, was linked to exposure to asbestos
at the school, which is located in Eastbourne, East Sussex,
England, the Eastbourne Herald Gazette reports.

Mr. Beck, who was Head of History at Ratton between 1972 and
1997, died in April 2009.

An inquest into Mr. Beck's death, held at Eastbourne Magistrates
Court on Sept. 23, 2009, heard how Mr. Beck was aware there had
been asbestos in the school.

In a witness statement he gave while he was ill which was read
out at the inquest, Mr. Beck explained there was a store cupboard
with shelves made of asbestos in the classroom where he was based
for most of the 25 years he worked at the school. He used the
cupboard daily, picking up and putting down books and paperwork
on the asbestos shelves.

Mr. Beck remembered dust but noted blackboard chalk dust could
have masked some of the dust from asbestos. The cupboard was kept
locked so never cleaned.

The coroner, Alan Craze, noted that more than 90 percent of cases
of mesothelioma, the type of cancer Mr. Beck had, are caused by
exposure to asbestos. The inquest found the cause of death was a
blood clot caused by a 3.5 cm tumor.

A spokesperson for East Sussex County Council, the education
authority responsible, said, "We would like to pass on our
deepest sympathy to the family of Mr. Beck and also reassure
parents that East Sussex County Council is committed to providing
a safe and healthy environment for our employees and pupils.

"We take our responsibilities for asbestos management very
seriously and follow statutory Health and Safety Executive
guidance. All ESCC owned and occupied buildings, including
schools, are surveyed on a regular basis by specialist licensed
consultants.

"Where the presence of asbestos is identified in any of our
buildings it is removed or encapsulated through a controlled and
managed process to minimize risk in accordance with the Control
of Asbestos Regulations 2006."


ASBESTOS UPDATE: Harrison Family Files Claim v. Moores Furniture
----------------------------------------------------------------
The family of Brian Harrison, of Wetherby, Leeds, England, filed
an asbestos-related lawsuit against Moores Furniture Group, where
Mr. Harrison worked for 30 years, the Wetherby News reports.

Mr. Harrison, a former Moores stores manager, was diagnosed with
mesothelioma in December 2008. Fluid was repeatedly drained from
his lungs but his health deteriorated and he died in April 2009
at the age of 71.

The Harrison family instructed law firm Irwin Mitchell to pursue
an action against Moores where it is alleged Mr. Harrison was
exposed to asbestos dust when workmen were removing lagging from
pipes at the former Second World War munitions factory.

Mr. Harrison worked for the Thorp Arch-based firm, which employs
more than 1,000 people, between 1967 and 1996.

Solicitor Ian Toft, from Irwin Mitchell, said the family claims
Mr. Harrison was never given any safety warnings about the
dangers of exposure to asbestos dust and never given a face mask
to protect him.

Mr. Toft said, "Brian was responsible for turning the gutted
buildings into stores and so would often operate in areas where
there was old asbestos lagging."

The chief executive of Moores, Peter Wilson, issued a statement
on behalf of the company, a manufacturer and installer of kitchen
and bathroom furniture. He said, "We were all deeply saddened to
learn of Mr. Harrison's illness and death. The matters raised on
behalf of Mr. Harrison's family and estate are currently under
active investigation by our solicitors.

"In the circumstances, you will appreciate that it would be
inappropriate for me to comment any further at this time."


ASBESTOS UPDATE: David Eaves' Widow Gets GBP17T in Compensation
---------------------------------------------------------------
David Eaves' widow, Dinah Eaves, received GBP17,000 from the
United Kingdom Government's Pneumoconiosis Workers Compensation
Act fund, instead of a potential GBP200,000 asbestos-related
payout, the Bristol Evening Post reports.

For 44 years, Mr. Eaves worked for the Bedminster, Bristol,
England-based firm, Bailey Caravans. However, within nine months
of retiring he was dead from working with asbestos.

Because of a complicated legal process, Bailey Caravans, which
generated a turnover of GBP78 million in 2008, does not have to
pay compensation for Mr. Eaves' death at the age of 65 on June
25, 2006.

The current owner of Bailey Caravans bought FG Bailey Ltd in the
1970s, when companies did not have to take on the legal
liabilities of the businesses they were buying.

Mr. Eaves was exposed to asbestos between 1966 and 1969 as he
drilled and fitted asbestos without a mask around ovens and fuel
fires in caravans for FG Bailey Ltd.

Thompsons Solicitors made investigations to trace another
corporation that could have been liable but it had barely any
money and there was no insurance cover that could pay out.

Thompsons solicitor Stephen Loach told the Bristol Evening Post,
"I am glad that, at the request of the General Municipal Boiler
Makers' (GMB) Trade Union, we obtained some compensation for Mrs.
Eaves for the tragic death of her husband. I would have liked it
to have been much more.

"When past employers have since ceased business it is vital to
trace insurers. We estimate that thousands of asbestos victims
fail to gain justice because of problems doing so. The
Association of British Insurers' tracing scheme is inadequate."


ASBESTOS UPDATE: Bevis Injury Claim v. Soflor Ltd Still Ongoing
---------------------------------------------------------------
Jenny Bevis' asbestos-related claim against a Perivale, England-
based company, Soflor Ltd, is ongoing, the Ealing Gazette
reports.

Mrs. Bevis' husband, David Bevis, died of asbestos-related cancer
in April 2007, a week after launching his compensation claim
against Soflor.

The 66-year-old Mr. Bevis had believed the chemical company where
he worked from 1965 to 1983, was responsible for his condition.
Two years later, Mrs. Bevis, who also worked at the site, is
still fighting for justice.

The 62-year-old Mrs. Bevis said, "I worked in the analytical
laboratory and didn't walk through the factory floor like my
husband did.

"David would go down on the floor every day. We weren't told of
any dangers in materials, we wore lab coats but no other
protective equipment."

Bridget Collier, an industrial disease specialist with Fentons
Solicitors LLP, met Mr. Bevis the week before his death. She
said, "The plant contained large chemical stills and boilers
lagged with asbestos for insulation, David recalled these would
be stripped down and re-lagged as part of an annual maintenance
program."

Ms. Collier added it takes years of exposure to asbestos before
victims realize they are ill, which makes it difficult to find
information about employers and witnesses.

The solicitors are trying to find the insurance company and Mr.
Bevis' ex-colleagues who can confirm the boilers were re-lagged.

Soflor shut down in 1997 and changed its name to Polak Frutal
Works Ltd, PFW, and then later to Tastemaker Ltd and TMKR Ltd
since Mr. Bevis left in 1983.


ASBESTOS UPDATE: U.K. Police Officers to Undergo Health Checks
--------------------------------------------------------------
Police officers, who investigated an operation into thefts at the
former Craig Dunain Hospital in Inverness, Scotland, will receive
medical checks after being exposed to asbestos, the Highland News
reports.

The revelation follows a story about the asbestos, which was on
stolen copper and brass, taken to Burnett Road police station in
2008 after a raid on a building site.

The piping was taken as evidence at the end of an operation into
thefts from the boiler room at the hospital, now being
redeveloped for housing.

Secretary of the Scottish Police Federation northern branch PC
David Ross confirmed two officers involved in the operation,
which snared the culprits, and who had been in contact with the
asbestos, have now been screened.

Information about the raid and allegations about unsafe working
practices came out at an Inverness Industrial Tribunal.

A former employee of the site's security firm, Sirius, claimed at
the tribunal he had been sacked because he complained repeatedly
to his employer and contractors Robertson Homes, about
contamination in the boiler room at the former hospital. He
claimed this was after cutting equipment was used to get through
the asbestos to remove the copper and brass.

However, the Health and Safety Executive said the asbestos
disturbed by the theft was contained within a sealed building and
at no time was the public at risk, and that the cleanup was
carried out to its standards.

Tory health spokeswoman Highlands and Islands MSP Mary Scanlon
said there were now a number of people who faced the possibility
of developing health risks in the course of their lifetime.

At the earlier tribunal, chairman Flora Carmichael threw out
former employee Robert Mason's unfair dismissal claim because he
could not prove that his whistle-blowing about the site was the
reason for his sacking and he had not produced evidence to
substantiate his claims that asbestos contamination had taken
place.

However, Northern Constabulary said that material had been
contaminated and the police garage was out of action for three to
four weeks and needed specialist cleaning.

Sirius security boss Paul Innes denied knowledge of the
contamination and the Robertsons insisted the asbestos disturbed
by the theft was contained and cleaned up according to HSE
standards. Mr. Mason is now considering an appeal.

Mr. Mason said cops should have been informed of the risks so
they were not exposed to the asbestos when they raided the site
as workers loaded the stolen metal onto the back of a flat-bed
lorry.

The police officers were responsible for securing the evidence in
garage storage when they returned to the city center police
station.


ASBESTOS UPDATE: Murray, McCollum Introduce Asbestos Resolutions
----------------------------------------------------------------
Senator Patty Murray and Congresswoman Betty McCollum introduced
resolutions designating Sept. 26, 2009 as "National Mesothelioma
Awareness Day," according to a press release from Sen. Murray's
office dated Sept. 26, 2009.

In 2008, Sen. Murray applauded the first ever EPA health
emergency in Libby, Mont. She is an advocate for banning
asbestos, and the resolution calls attention to the risks it
poses to members of the U.S. Army forces, firefighters, and
workers and families across the country.

Congresswoman McCollum has championed the cause to ban asbestos
in the U.S. for over five years and she is pleased Congress has
advanced this important effort to raise public awareness of the
disease and the need for treatments.

Sen. Murray said, "The dangers of asbestos went unrecognized for
far too long, with tragic results for so many workers and
families across the country who developed mesothelioma and other
asbestos-related diseases.

"National Mesothelioma Awareness Day is an opportunity to raise
awareness of efforts to treat this deadly disease and support the
victims and their families. I am committed to continuing my work
fighting to ban asbestos in the United States and educating the
American public about the deadly consequences of asbestos
exposure."

Congresswoman McCollum said, "Too many Americans don't know that
asbestos exposure remains a problem. Enacting National
Mesothelioma Awareness Day (H.Res 771) is an important step
towards educating the nation about the causes of this deadly
disease. I will continue to work with Senator Murray and my
colleagues in the U.S. House to finally ban asbestos and provide
real help for those suffering from mesothelioma and their
families."

The full text of resolutions introduced in the Senate and the
House follows:

-- Whereas there is no known safe level of exposure to asbestos;

-- Whereas millions of workers in the United States have been,
   and continue to be, exposed to dangerous levels of asbestos;

-- Whereas the National Institutes of Health reported to
   Congress in 2006 that mesothelioma is a difficult disease to
   detect, diagnose, and treat;

-- Whereas the National Cancer Institute recognizes a clear need
   for new treatments to improve the outlook for patients with
   mesothelioma and other asbestos-related diseases;

-- Whereas the need to develop treatments for mesothelioma was
   overlooked for decades;

-- Whereas even the best available treatments for mesothelioma
   typically have only a very limited effect, and a person
   diagnosed with mesothelioma is expected to survive between
   eight and 14 months;

-- Whereas mesothelioma has claimed the lives of such heroes and
   public servants as Admiral Elmo Zumwalt, Jr., and Congressman
   Bruce F. Vento;

-- Whereas many mesothelioma victims were exposed to asbestos
   while serving in the Navy;

-- Whereas it is believed that many of the firefighters, police
   officers, and rescue workers who served at Ground Zero on
   Sept. 11, 2001, may be at increased risk of contracting
   mesothelioma in the future; and

-- Whereas cities and localities throughout the United States
   will recognize Sept. 26, 2009 as "Mesothelioma Awareness
   Day."

Now, therefore, be it Resolved, That the Senate designates Sept.
26, 2009, as "National Mesothelioma Awareness Day;" and calls on
the people of the United States, Federal departments and
agencies, States, localities, organizations, and media to observe
National Mesothelioma Awareness day with appropriate ceremonies
and activities.


ASBESTOS UPDATE: Gang Arrested for Co. Durham Disposal Breaches
---------------------------------------------------------------
Eight members of an unnamed criminal gang were arrested for
illegal asbestos disposal County Durham, England, Mesothelioma
reports.

Area law enforcement officials conducted raids on several homes
and businesses in the area and confiscated numerous vehicles,
including a backhoe and an equipment trailer. Agents with the
country's environmental protection agency used a backhoe to dig
up the asbestos at a rock quarry near the town of Lanchester.

Julian Carrington, the agency representative for the area, said
that the criminal enterprise showed many of the hallmarks of a
major undertaking. Of the eight men arrested, seven were held on
suspicion of conspiracy to engage in illegal dumping. The eighth
suspect was held on suspicion of arson.

The men arrested on the illegal dumping charges could face up to
five years in prison and extremely high fines if they are
convicted. They may also face charges of animal cruelty, as
investigators found seven guard dogs tied up near a portable
storage shed.

County Durham Deputy Chief Constable Mike Barton said that this
series of raids is the beginning of his department's efforts to
eliminate criminal gangs and their operations, especially those
that use legitimate business as a front.

Constable Barton also said that the operation concentrated on
those businesses that dealt with illegal toxic waste dumping,
including asbestos, as well as auto salvage yards that can create
their own environmental hazards.

Peter Thompson, the chairman of the local police authority, said
that the local residents "welcomed and applauded" the actions
taken by law enforcement officers in shutting down the dangerous
dumping activities around their properties.

After authorities secured the sites, workers with the country's
environmental agency came onto the scene in order to start with a
series of efforts to find out what materials had been disposed of
and covered up. Their excavation uncovered asbestos debris in the
topsoil, along with numerous other toxic substances from other
illegal disposal projects.

Mr. Carrington praised the work done by local law enforcement
agencies as they worked in cooperation with his office in
uncovering and stopping this illegal and dangerous enterprise.  

In all, 50 Environmental Agency officers, 150 law enforcement
officers and a team of specially trained dogs carried out the
raids.


ASBESTOS UPDATE: Recology Seeks to Dispose of Hazards in Nevada
---------------------------------------------------------------
Recology, a San Francisco-based waste disposal company, is
seeking a contract to dispose of 20 tons of garbage, including
asbestos, in Winnemucca, Nev., for the next 95 years,
Mesothelioma reports.

Winnemucca, 320 miles northeast of San Francisco, is scarcely
more than a pit stop on Highway 80 between Salt Lake City, Utah,
and the Bay area. Its population, 7,726, barely qualifies it for
the 11 schools within its district.

The town boasts twice as many hotels and motels as schools, not
only because it is on a major east-west artery but because
Nevada's gambling laws make even the smallest town a tourist
hotspot.

The proposed one-square mile dump, or landfill, is reportedly in
a seismic zone; that is, subject to possible earthquakes.
Landfill plans do not include engineered barriers or liners to
protect the area's delicate aquifer.

Nevada's Democratic Senator, Harry Reid, is urging Gov. Jim
Gibbons to block the proposal. Residents of Winnemucca are
equally incensed, not merely by the idea that their desert is
seen (by Californians) as a prime dumping ground, but by the fact
that the waste may include asbestos.

Other ingredients planned for the landfill include household
waste, rubber tires and dried sewage sludge. At a rate of 20,000
tons per week, the pile could eventually stand 20 stories high.

However, it is the asbestos that worries some residents, because
once it gets into the water, or the air, the potential for a
number of diseases like asbestosis, lung and digestive system
cancers, and mesothelioma, rises exponentially.

Recology argues that the revenue stream, about US$1 million per
year, more than makes up for the dangers. Clearly, most of the
Humboldt County Board of Commissioners agree, with only
Commissioner Tom Fransway dissenting.

Recology spokesman Adam Alberti assures that the landfill will be
double-lined, but Jim French, of Nevadans Against Garbage, has
described the proposal as flying so far under the radar (in terms
of actual plans submitted) that nothing guarantees the plan is
safe.


ASBESTOS UPDATE: Luzon Building in Tacoma Demolished on Sept. 26
----------------------------------------------------------------
The Luzon Building in Tacoma, Wash., was demolished on Sept. 26,
2009 due to fears that it might collapse, Mesothelioma.com
reports.

City building official Charlie Solverson said that the Luzon
building is in imminent danger and that bracing and repair are
not possible. He recommended immediate demolition in order to
protect the safety of the public. Streets near the building have
been shut down.

In response, City Manager Eric Anderson signed an emergency
contract for demolition. He said, "We simply cannot wait any
longer. The building collapsing would pose a danger to anyone in
the vicinity. Asbestos dust that would be released poses an
additional danger. Between the two of those, we have to act."

The Luzon building is historic because it was designed by noted
Chicago architects Daniel Burnham and John Root. These two men
are considered the fathers of the modern skyscraper.

Mr. Anderson said demolition would cost about US$600,000. The
City will pay the demolition company and then send a bill to
Gintz Group, the organization that currently owns the building.

Gintz had been in negotiations to sell the Luzon over the summer,
but an agreement was never reached.


ASBESTOS UPDATE: Morgan's Board Affirms Cleanup at W.Va. Schools
----------------------------------------------------------------
The Morgan County Board of Education in Berkeley Springs, W.Va.,
approved an asbestos abatement project for five area shools in
West Virginia and the Board of Education office building,
Mesothelioma.com reports.

Maintenance Superintendent Alston Yost and Treasurer Nancy White
stated that Greenwood Elementary School, Great Cacapon Elementary
and Paw Paw High School will be the top priorities for the
district. The board's office building is located in the former
North Berkeley Elementary School.

Ms. White said, "We are asking the West Virginia School Board
Authority for US$303, 000." Mr. Yost added that the asbestos
removal projects were unlikely to begin until next summer, when
students will be out of the buildings.

The Morgan County Schools Capital Improvements Fund will cover
US$40,000 of the project's cost.

According to Ms. White, all the buildings listed contain
asbestos, usually either in closet space or underneath the floor.
She said, "We do our best to keep it controlled and keep it
sealed."


ASBESTOS UPDATE: Ameron Int'l. Facing 23 Injury Cases at Aug. 30
----------------------------------------------------------------
Ameron International Corporation was a defendant in 23 asbestos-
related cases as of Aug. 30, 2009, compared with 26 cases as of
May 31, 2009, according to the Company's quarterly report filed
with the Securities and Exchange Commission on Sept. 25, 2009.  

The Company is a defendant in a number of asbestos-related
personal injury lawsuits. These cases generally seek unspecified
damages for asbestos-related diseases based on alleged exposure
to products previously manufactured by the Company and others.  

During the quarter ended Aug. 30, 2009, there were three new
asbestos-related cases, six cases dismissed, no cases settled, no
judgments and aggregate net costs and expenses of US$168,000.  

Pasadena, Calif.-based Ameron International Corporation makes
highly-engineered products and materials for the chemical,
industrial, energy, transportation and infrastructure markets.
The Company produces water transmission lines; fiberglass-
composite pipe for transporting oil, chemicals and corrosive
fluids and specialized materials; and products used in
infrastructure projects.


ASBESTOS UPDATE: Wagner License Suspended for Multiple Breaches
---------------------------------------------------------------
The Supreme Court of Iowa, on June 26, 2009, suspended the
license of James L. Wagner, Esq., to practice law due to multiple
breaches, including asbestos-related breaches.

The case (No. 09-0504) is styled Iowa Supreme Court Attorney
Disciplinary Board, Complainant v. James L. Wagner, Respondent.

Mr. Wagner has been an attorney for 35 years and practices law in
Waterloo, Iowa. The charges in this disciplinary action stemmed
from his representation of four separate clients. A hearing was
held before a division of the Grievance Commission on Feb. 24,
2009.

Between 1963 and 1966, Ronald Bearbower was a seaman in the Navy
where he was exposed to asbestos on a regular basis. In 1997, he
was diagnosed with lung cancer for which he underwent treatment.

In 2003, Mr. Bearbower learned of a Texas law firm that was
prosecuting asbestos cases resulting from exposure during
military service. Upon his request for information, he received a
questionnaire and an attorney employment agreement form from the
Texas firm.

In May 2003, Mr. Bearbower brought the information to Mr. Wagner
for his review. A week later, Mr. Wagner agreed to represent Mr.
Bearbower in his asbestos claim, and the parties entered into a
written contract.

On July 11, 2003, the Texas law firm contacted Mr. Bearbower in
writing, inquiring whether he intended to proceed with his
asbestos claim. The letter indicated a need to act expediently
because more stringent filing criteria were expected after Aug.
1, 2003. Mr. Bearbower presented Mr. Wagner with this
information. However, Mr. Wagner advised Mr. Bearbower not to
worry because under Iowa law the statute of limitations would not
run for two years.

From August 2003 to August 2004, Mr. Bearbower called Mr.
Wagner's office every other month to see how things were
progressing. Mr. Wagner never returned Mr. Bearbower's calls.

Between January 2005 and December 2006, Mr. Bearbower called Mr.
Wagner about twice a week to inquire as to whether a lawsuit had
been filed. Mr. Wagner never returned any of these calls either.
Finally, in December 2006, Mr. Bearbower obtained a new attorney.

An investigation revealed that Mr. Wagner had failed to file any
lawsuit on Mr. Bearbower's behalf. Subsequent inquires led to the
conclusion the statute of limitations had run on Mr. Bearbower's
asbestos claim.

The Board alleged Mr. Wagner's actions in the Bearbower asbestos
claim evidenced neglect and a failure to communicate and led to
the loss of Mr. Bearbower's claim.

Mr. Wagner admitted the facts asserted in the Board's complaint.
He also admitted the alleged violations.

The Supreme Court held that Mr. Wagner violated Code of
Professional Responsibility and Rules of Professional Conduct in
handling of Mr. Bearbower's asbestos suit.

The Supreme Court believed Mr. Wagner's license to practice law
should be suspended for a minimum of six months.

Charles L. Harrington, Esq., and David J. Grace, Esq., of Des
Moines, Iowa, represented the Complainant.

James L. Wagner, Esq., Waterloo, Iowa, represented himself.


ASBESTOS UPDATE: CSX's Summary Judgment Bid Denied in Breedlove
---------------------------------------------------------------
The U.S. District Court, Eastern District of Pennsylvania, denied
CSX Transportation Inc.'s motion for summary judgment in an
asbestos case filed by William Breedlove.

The case is styled William Breedlove, Plaintiff v. CSX Transp.
Corp., Defendant.

District Judge Eduardo C. Robreno entered judgment in Civil
Action No. 09-cv-75120 on Aug. 17, 2009.

Mr. Breedlove worked as an insurance agent from 1957 until 1995.
In 1962, when he joined Provident Insurance, Mr. Breedlove began
selling insurance to railroad employees, including employees of
CSX. The policies that Mr. Breedlove sold, mostly disability,
life and dependant insurance, were supplemental to the basic
insurance coverage that CSX was contractually obliged to provide
to its employees.

CSX allowed its employees to pay for the coverage that they
purchased through payroll deductions. Mr. Breedlove received
commissions, from Provident, on the sales that he made. He
remained employed by Provident through 1995.

Mr. Breedlove solicited sales from CSX employees primarily at two
of CSX's mechanical shops. Beginning in the 1960s, Mr. Breedlove
traveled to a shop in Atlanta (Tilford), which he visited two or
three days per month. Starting in the 1980s, he also solicited
business from a shop located in Waycross, Ga., which he visited
two or three times per year.

At both shops, Mr. Breedlove witnessed employees working on
locomotives and other railroad equipment, though he never himself
performed any type of mechanical work. He believed that he saw
workers using asbestos-containing insulation, brake shoes,
gloves, and rope.

To enter and conduct business in the Waycross and Tilford shops,
Mr. Breedlove sought out and secured permission from CSX's
managers. The managers initially provided escorts for Mr.
Breedlove, though, and as he became more familiar with Tilford
and Waycross, they allowed him to solicit sales without an
escort. Perhaps because his visits became so regular, CSX issued
Mr. Breedlove safety equipment, including a hard hat (but not a
respirator or mask).

Mr. Breedlove was diagnosed with mesothelioma in February 2008,
and he died six months later, in August 2008. His wife, Eva,
maintains the present action as the executrix of his estate.

Clinton W. Sitton, Esq., of Office of Clinton W. Sitton in
Atlanta, Edmund Spencer Parris, Esq., H. Forest Horne, Jr., Esq.,
of Jones, Martin, Parris & Tessener Law Offices, PLLC, in
Raleigh, N.C., represented William Breedlove.

Christopher R. Jordan, Esq., Grant C. Buckley, Esq., Janna
Blasinghame Custer, Esq., Karen Jenkins Young, Esq., Randall A.
Jordan, Esq., of The Jordan Firm in St. Simons Island, Ga.,
represented CSX Transportation Inc.


ASBESTOS UPDATE: DEP Probing Alleged Pipe Mishandling at Sebring
----------------------------------------------------------------
The Florida Department of Environmental Protection is probing the
alleged mishandling of asbestos pipe during the construction of
the Sebring Parkway in Sebring, Fla., the Mesothelioma & Asbestos
Awareness Center reports.

The DEP's Randal Landers stated in an e-mail, "Our department is
gathering information from the project site, the landfill and its
personnel. In addition, we are interviewing witnesses who
participated in the removal project including county personnel."

By law, the DEP needs to be notified if a project involved more
than 260 linear feet of asbestos pipe. In addition, a licensed
asbestos contractor must be on site to ensure that the asbestos
removal is done properly.

Local landfill Director Ken Wheeler confirmed that a 25- to 30-
foot section of pipe was found at a nearby landfill. He also
added that he did not think it was asbestos pipe.

Rick Solis, a construction worker, said, "They acted recklessly.
Not everyone is going to stand for it. Right is right."

Mr. Solis said that there was a great deal of pipe removed during
the Sebring project. He added, "We are talking thousands of feet
of this pipe. The county took out over 1,000 foot of pipe, and
much more was buried. Thousands of feet. Anyone working out there
was exposed. Kids playing on the dirt piles, people walking their
dogs, other county employees, were all exposed."


ASBESTOS UPDATE: Belsize Watchmaker's Death Linked to Exposure
----------------------------------------------------------------
An inquest at the Hatfield Coroner's Court in Hertfordshire,
England, heard that retired watchmaker Colin A'Len, of Belsize,
Hertfordshire, died due to workplace exposure to asbestos, The
Gazette reports.

The inquest heard that Mr. A'Len had been a loader with Cape
Asbestos in "very dusty" conditions after leaving the Royal Air
Force.

Mr. A'Len went to the doctor because he was anemic and tests
later revealed a tumor on his lung. He died on Aug. 5, 2009 at
the age of 74.

Coroner Edward Thomas said even small amounts of exposure to
asbestos could lead to cancer and a post mortem revealed no other
disease.
          

ASBESTOS UPDATE: Scapa, Asten Summary Judgment Denied in Barabin
----------------------------------------------------------------
The U.S. District Court, Western District of Washington, at
Seattle, denied Scapa Dryer Fabrics, Inc. and AstenJohnson,
Inc.'s respective Motions for Summary Judgment in an asbestos
lawsuit filed by Henry Barabin and Geraldine Barabin.

The case is styled Henry Barabin and Geraldine Barabin,
Plaintiffs v. Albany International Corp., et al., Defendants.

District Judge Robert S. Lasnik entered judgment in Case No. C07-
1454RSL on Aug. 18, 2009.

The Plaintiffs alleged that Mr. Barabin developed mesothelioma as
a result of his exposure to defendants' asbestos-containing
products during his career at a Washington paper mill.

The Defendants individually sought summary judgment dismissal of
the Barabins' claims, contending that the Barabins cannot meet
their burden of proof at trial that Mr. Barabin was exposed to
asbestos from products manufactured by defendants.

On Nov. 1, 2006, Mr. Barabin was diagnosed with malignant pleural
mesothelioma. The Barabins claimed that Mr. Barabin was exposed
to asbestos-containing paper machine clothing, or dryer felts,
during his employment at the Crown-Zellerbach paper mill in
Camas, Wash., where he worked from 1968 to 2001.

Mr. Barabin held several positions during his 33 years at the
Camas Mill. After a one-month stint packaging finished product,
he was assigned to the technical department as a pulp tester, and
later as a paper tester.

In 1974 or 1975, Mr. Barabin began working on paper machine
crews. He began on a machine crew as "fifth hand" and worked his
way up through various positions, including "fourth hand,"
"winderman," "back-tender," and "filterman."

As a fifth hand, fourth hand, and winderman, Mr. Barabin worked
on several machines, cutting the old dryer felts out of the
machine and fastening the new felts onto the old and rolling it
into the paper machine.

As a back-tender, Mr. Barabin had responsibility for controlling
the temperature and checking the reel of paper as it came off the
machine. As a filterman, he was required to check the "save-all"
filters on all of the paper machines.

In 1984, Mr. Barabin began working on paper machine number 20,
and he worked exclusively on that machine until his retirement in
2001.

It is undisputed that defendant Asten manufactured and
distributed asbestos-containing paper machine clothing from 1931
to 1980 and that Scapa did the same from 1958 to 1978.
Furthermore, both Asten's and Scapa's asbestos-containing dryer
felts were used at the Camas Mill while Mr. Barabin worked there.

Gilbert L. Purcell, Esq., of Brayton Purcell LLP in Novato,
Calif., Cameron O. Carter, Esq., Jane Elizabeth Vetto, Esq., of
Brayton Purcell LLP in Portland, Ore., represented the Barabins.

Forrest Ren Wilkes, Esq., of Forman Perry Watkins Krutz & Tardy,
in New Orleans, G. William Shaw, Esq., Kevin A. Rosenfield, Esq.,
Martha Rodriguez-Lopez, Esq., of K & L Gates LLP, Jan Catherine
Kirkwood, Esq., Lisa Christine Williams, Esq., William Ivan Aloe,
Esq., of Williams Kastner & Gibbs in Seattle, H. Lane Young, II,
Esq., M. Elizabeth O'Neill, Esq., S. Christopher Collier, Esq.,
of Hawkins & Parnell in Atlanta, represented the Defendants.


ASBESTOS UPDATE: Supreme Court Upholds Ruling in Grenier Lawsuit
----------------------------------------------------------------
The Supreme Court of Delaware upheld the Superior Court of the
State of Delaware's decision, which ruled in favor of Roland Leo
Grenier, Sr., in an asbestos case filed against General Motors
Corporation and Ford Motor Company.

The case is styled General Motors Corporation and Ford Motor
Company, Defendants, Appellants v. Roland Leo Grenier, Sr.,
Plaintiff, Appellee.

Judges Steele, Holland, Berger, Jacobs, and Vice Chancellor Noble
entered judgment in Case Nos. 4453, 2007, 578, 2007 on Aug. 24,
2009. Judge Steele dissented.

This was an appeal from a jury verdict in favor Mr. Grenier, a
former auto mechanic who is suffering from mesothelioma. He
alleged that dust from brake shoes and other friction products
manufactured by Ford caused his illness. The Supreme Court
remanded to allow the trial court to reconsider its decision. On
remand, the trial court addressed each of this Court's concerns
and reaffirmed its decision.

The Supreme Court affirmed.

Christian J. Singewald, Esq., of White & Williams LLP in
Wilmington, Del., Eileen Penner, Esq., Andrew Tauber, Esq., of
Mayer Brown, LLP in Washington, D.C., represented General Motors
Corporation and Ford Motor Company.

Yvonne Takvorian Saville, Esq., of Weiss & Saville, P.A., in
Wilmington, Del., John J. Spillane, Esq., Kevin D. McHargue,
Esq., Renee M. Melancon, Esq., of Baron & Budd, P.C., in Dallas,
represented Roland Leo Grenier, Sr.


ASBESTOS UPDATE: Court OKs Union Carbide Judgment in Ross Action
----------------------------------------------------------------
The Court of Appeals of Texas, Houston (14th District), affirmed
the 133rd District Court, Harris County's ruling, which granted
summary judgment in favor of Union Carbide Corporation, in an
asbestos case filed by Marjorie Ross on behalf of her late
husband, Homer Ross.

The case is styled Marjorie Ross, Joan Seelback, Timothy R. Ross,
James R. Ross, Billy R. Ross, and Robert R. Ross, Appellants v.
Union Carbide Corporation, Appellee.

Judges Hedges, Yates, Anderson, Frost, Seymore, Eva M. Guzman,
Brown, Sullivan, and Frank C. Price entered judgment in Case No.
14-07-00860-CV on Aug. 25, 2009. Judges Frost and Price
concurred. Judge Boyce did not participate.

After working as a pipefitter for more than 37 years, Homer Ross
developed an asbestos-related disease from his workplace
exposure. In 1989, he and his wife, Marjorie Ross, sued 22
asbestos manufacturers.

In 1993, the Rosses reached a settlement with the Center for
Claims Resolution (CCR), a nonprofit corporation formed by 21
companies to act as the companies' agent in asbestos litigation.

Mr. Ross' former employer Union Carbide Corporation, which was
then known as Union Carbide Chemicals & Plastics Co., Inc., was a
member of the CCR. Although Union Carbide was not a defendant in
the suit, it was a party to the settlement and release.

Mr. Ross died in 2001, and two years later, Mrs. Ross and their
children brought an exemplary-damages claim against Union
Carbide, alleging that Mr. Ross' asbestos-related death was
caused by Union Carbide's willful act, omission, or gross neglect
in exposing Mr. Ross to asbestos in the workplace.

Union Carbide successfully moved for traditional summary judgment
on all claims, and this appeal timely ensued.

The Appeals Court affirmed the ruling of the trial court.

Collyn A. Peddie, Esq., Robert Eugene Shuttlesworth, Esq.,
represented Marjorie Ross, Joan Seelback, Timothy R. Ross, James
R. Ross, Billy R. Ross, and Robert R. Ross.

Lisa D. Powell, Esq., represented Abel Supply Co. and other
defendants.


ASBESTOS UPDATE: Tuscumbia Council Affirms $12T for Remediation
---------------------------------------------------------------
The Tuscumbia City Council in Tuscumbia, Ala., on Sept. 28, 2009,
agreed to allocate US$12,265.85 to remove asbestos from the old
downtown post office, the Times Daily reports.

The Council approved the contract with Houston-based Southern
Global Safety Service, which specializes in safety and
environmental services, including asbestos removal.

Council members are interested in using the building at Sixth and
Dickson streets downtown for City Hall office and storage space.

Fire Chief David Cole said the contract includes covering all
larger-diameter pipes and the elbows of smaller pipes. He said
work is needed throughout the building. He mentioned one room in
particular that was contaminated from asbestos falling to the
floor.

The City bought the post office from Harvey Robbins in July 2009
for US$129,000. The 3,500-square-foot building was closed in 2004
and sold to Mr. Robbins in February 2005.

In September 2009, the City hired Parker Architecture at a fee
not to exceed US$3,000 to propose plans for the post office.

The U.S. Postal Service closed the 70-year-old building after
opening a post office on U.S. 72. At the time, postal officials
had the building appraised at US$170,000.

Mayor Bill Shoemaker said the building is a good location for
ground-floor office space and storage for records.


ASBESTOS UPDATE: $30,409 Fine Issued to Able for Cleanup Breach
----------------------------------------------------------------
The Oregon Department of Environmental Quality issued penalties
totaling US$30,409 to Able Contractors, Inc. for violations over
an asbestos abatement project Able Contractors performed at a
retirement facility in Newberg, Ore., according to a DEQ press
release dated Sept. 29, 2009.

Able Contractors committed numerous violations before, during and
after the completion of the asbestos abatement project. The
violations included:

-- Failing to submit a complete friable asbestos abatement
   project notification prior to beginning the project

-- Failing to remove all visible asbestos-containing material
   prior to having final air clearance sampling performed

-- Removing containment from a friable asbestos abatement
   project prior to having final air clearance sampling
   performed

-- Failing to provide DEQ with the required quarterly summary
   report for all asbestos abatement projects performed in the
   previous three months

Able Contractors has been licensed as an asbestos abatement
contractor since at least 1999. This is the third time Able
Contractors has been penalized since 2001.

Able Contractors has appealed the penalties.


ASBESTOS UPDATE: Cheyney University to Clean Up Campus Buildings
----------------------------------------------------------------
Cheyney University of Pennsylvania is set to conduct restoration
and repairs (including asbestos-related) on campus buildings
listed on the National Register of Historic Places,
Mesothelioma.com reports.

Congressman Joe Sestak has helped Cheyney University obtain a
US$300,000 grant to repair and preserve the buildings. The
funding comes from the American Recovery and Reinvestment Act.

The repairs will include fixing termite and wood-rot damage,
leaking roofs and water damage, asbestos and lead paint removal,
masonry work, electrical rewiring, HVAC systems and accessibility
for disabled persons.

The award is one of 20 projects totaling US$14.25 million for
historic preservation grants at Historically Black Colleges and
Universities.

Congressman Sestak said, "Our collective goal must be to restore
public and alumni confidence in the university. I appreciate the
interest shown in this problem by Cheyney's president, Dr.
Howard-Vital, alumni and student body."

In 2008, Congressman Sestak presented Cheyney with a check for
US$1.25 million for their Science and Technology Complex.


ASBESTOS UPDATE: Turnall to Utilize $5Mil for Plant Improvements
----------------------------------------------------------------
Turnall Holdings Limited secured a US$5 million loan from the
Preferential Trade Area (PTA) Bank to buy equipment for a new
plant in Zimbabwe that will make asbestos-free products, the
Mesothelioma & Asbestos Awareness Center reports.

A recent ban on asbestos products has forced many companies that
once produced asbestos-laced goods to clean up their act.

Turnall chairman Herbert Nkala said, "The equipment being
purchased is to manufacture asbestos-free products for the South
African market in response to the asbestos ban that has since
been promulgated in that country."

The South African asbestos ban affects plants located elsewhere
in Africa who sell to the South African market. The plant in
Zimbabwe is scheduled to open in about one year.

Prior to the ban, the sale of Zimbabwe's chrysotile asbestos
brought in US$60 million each year.


ASBESTOS UPDATE: Australian Gov't. to Publish Asbestos Register
----------------------------------------------------------------
The Education Minister of Queensland, Australia, Geoff Wilson,
said from next term the Education Department will publish an
online register listing areas in schools where building materials
may contain asbestos, Media Newswire reports.

Mr. Wilson said, "This comprehensive register will be updated
during each school term, so parents can see the current status of
building materials in their schools which may contain asbestos.

"This is about giving parents the most up-to-date information
about this important issue. Information has been available
publicly for some time through schools but now parents just need
to log on to get the most up to date news. Parents and school
staff should be assured that our schools are safe places to be."

Mr. Wilson also announced that experienced building industry
professional John Gaskin had been appointed to ensure procedures
related to asbestos identification and removal remained current
and principals vigilant.

Mr. Wilson said a significant program was already underway to
replace vinyl floors containing asbestos in schools where needed.
He said 122 vinyl flooring projects at 92 schools had been
completed during the 2008-2009 financial year at a cost of $4.3
million.

Mr. Wilson added, "A further $6m has been allocated in 2009-2010
from the Department of Education and Training maintenance program
to test and validate an additional 429 flooring projects at 269
schools and to replace asbestos containing vinyl flooring as
required."

Mr. Wilson said in addition to this specific program, floor
covering replacement work was also carried out in schools as part
of capital works projects, maintenance programs and works
directly managed by schools.

Mr. Wilson said the condition of materials containing asbestos in
schools was managed by an extensive awareness program, annual
maintenance programs and three-yearly asbestos inspections by
industry professionals.

The Department of Education and Training works closely with the
Department of Public Works, which is responsible for whole-of-
government policy and procedures for Queensland Government
building.


ASBESTOS UPDATE: Hazard Discovered During Cleanup at Crow River
---------------------------------------------------------------
Volunteers found discarded asbestos during cleanup efforts around
the Crow River in Hanover, Minn., Mesothelioma Cancer News
reports.

As reported by the North Crow River News, the community
volunteers found the asbestos during their cleanup work over the
weekend.

Hanover Mayor Martin Waters, who was among the volunteers, is
quoted in the report as stating, "We were working the Crow River
and came across an area where we found debris that was in my
opinion illegally dumped. Instead of legally disposing material,
someone felt it was okay to dump on private property right next
to our treasured tool, the Crow River."

Mayor Waters is further quoted as stating, "It was just dumped
there sometime between last year's cleanup and this year's."

The Mayor is requesting that anyone with information about the
potentially criminal offense contact the Hanover City Hall at
497-3777.


ASBESTOS UPDATE: Cleanup Delays Repairs at Warrnambool's Cinema
---------------------------------------------------------------
The removal of asbestos of the Capitol Cinema in Warrnambool,
Victoria, Australia, is delaying the repairs of the said
building, ABC News reports.

The cinema was damaged by fire in August 2009 and has relocated
to Brauer College until the repairs are completed. General
manager Greg Gent says removing asbestos from the roof of the
historic building is taking longer than expected.

Mr. Gent said, "The cleanup of the asbestos is still going on, I
think, and I believe work has started on cinema three, which is
one of the downstairs cinemas, next to cinema two, which was the
one that was completely burnt out.

"Last time I was in there, which was late last week, they'd
pulled out all of the seats and pulled up a lot of the carpet in
cinema three."


ASBESTOS UPDATE: Oakland Locals Call For SunCal Project Cleanup
---------------------------------------------------------------
Residents of Oakland Hills in Oakland, Calif., must pressure
SunCal and Lehman Brothers for fire and asbestos hazard abatement
at the stalled SunCal Oak Knoll project, the Examiner reports.

According to Al Auletta, Oakland's Redevelopment Area Manager,
the Oakland Redevelopment agency owns 5.45 acres of land at the
Oak Knoll site. On those five acres sit 18 abandoned housing
units that are contaminated with lead-based paint and asbestos.

Mr. Auletta said, "Prior to the financial meltdown, we have been
negotiating a sale of our 5.45 acres to SunCal, which would have
included them abating and demolishing the 18 units. We are now
taking matters into our own hands since we have no way of knowing
when the development of the site will resume."

Mr. Auletta added that he has been working on a package to allow
abatement contractors to competitively bid for a contract to
hazard-abate and demolish those 18 units.

Work at Oak Knoll stopped in 2008 when SunCal's sole-source
financial partner on the project, Lehman Brothers, filed for
bankruptcy and triggered a global financial crisis.

With Lehman bankrupt, SunCal had no other source of funding to
pay contractors on the site performing asbestos abatement on
other buildings. Deteriorating bags of alleged asbestos-
contaminated material remain at the site to this day.

Bankruptcy court filings, including a statement signed by SunCal
CEO Bruce Elieff, from 2003 through 2007, show SunCal repeatedly
turning away financing offers from Goldman Sachs and DE Shaw on
various California-based pojects, in favor of Lehman Brothers. DE
Shaw is now SunCal's financial partner on the Alameda Point
redevelopment project, at the former Naval Air Station Alameda.

According to court documents, "By 2007, Lehman was by far
SunCal's biggest source of funding."

In late 2007, SunCal announced their acquisition of the Oak Knoll
property, using Lehman's money, for over US$100 million.

The City of Oakland is hoping to procure services to abate the
hazards on their property at Oak Knoll within three months,
meaning work might start in January 2010.


ASBESTOS UPDATE: N.Y. Gov't. Checking Breaches at Market Street
---------------------------------------------------------------
Officials said the State of New York is probing the alleged
improper removal of an asbestos-laden boiler from a Market Street
building, The Post-Standard reports.

Fire Chief Michael Hammon said that firefighters were called
around 10:45 a.m. on Sept. 28, 2009 after detectors warned
occupants of the apartment and commercial building that there
were high levels of carbon monoxide in the building.

Investigators from the state Department of Environmental
Conservation and Labor Department's bureau of asbestos control
also responded after firefighters found a large amount of
asbestos in the basement and on nearby scrap metal, Mr. Hammon
said.

The workers were using a gasoline-fired demolition saw to cut the
boiler into smaller pieces, and gasoline fumes from the saw
filled the three-story building with more than triple the safe
levels for carbon monoxide in work areas, Mr. Hammon said.

Kerstetter LLC owns the building at 55 Market St., according to
city property records.

The case was turned over to the Labor Department's bureau of
asbestos control after DEC investigators found no environmental
violations, agency spokeswoman Stephanie Harrington said.

Mr. Hammon said residents from the apartments in the Market
Street building and two workers in a street-level insurance
office were told by firefighters to immediately leave the
building. They were allowed to return a couple hours later.


ASBESTOS UPDATE: Midlands Factory Fire Raises Asbestos Concerns
---------------------------------------------------------------
Fire chiefs stated that a factory fire in the West Midlands
region of England may have led to asbestos being released into
the environment, BBC News reports.

People living near the Hawthorns Trading Estate in Cornwall Road,
Smethwick, were urged to shut their windows and stay inside. Up
to 200 firefighters were tackling the fire, which spread to a
second building.

There were no casualties and no one was thought to be trapped in
the buildings. Police shut roads around Monty's Tropical Rags
factory and its surrounding buildings after the fire started.
      
Cornwall Road, along with Bridge Street North, Rabone Lane and
Downing Street were closed because of the incident. Cornwall Road
was expected to be shut for the rest of the night. Trains were
also not stopping at the Smethwick Rolfe Street or Handsworth
Booth Street stations.

Witnesses reported seeing large black plumes of smoke across the
area and the police helicopter circling over the factory site,
which is near West Bromwich Albion's football stadium. Some
firefighters had to leave the site when parts of the buildings
collapsed.

Chris Myers said, "I looked up and saw four firefighters on the
building. Two of them managed to get down the ladders on time and
two others had to run back on to the other part of the building
because it was collapsing."

Wayne Shaw, who works near the industrial estate, said he saw the
fire spread to two other buildings. He said, "It was bad - the
building was collapsing and all the asbestos was being thrown to
the floor."


ASBESTOS UPDATE: WHO Still Criticizes Asbestos Mining in Quebec
---------------------------------------------------------------
The World Health Organization continues to criticize the use of
and mining of asbestos while Quebec, Canada, continues to mine
the cancer causing product, JusticeNewsFlash.com reports.

Quebec-Asbestos is now banned in the United States and most
developing countries, including the European Union, and has been
condemned by the World Health Organization for decades. However,
two Canadian provinces, Ottawa and Quebec, actively mine and
promote the sale of chrysotile asbestos substances.

As reported by The Gazette on Sept. 28, 2009, the article
revealed that asbestos is still mined in Canada and sold
overseas. Asbestos is rarely sold or even used in Canada anymore
but it is sold overseas by the two main Canadian chrysotile
asbestos mines that are owned and operated by LAB Chrysotile.

Canada remains one of the few developing countries who has not
banned asbestos yet taxpayers have spent, and continue to spend,
hundreds of millions of dollars on the demolition and removal of
asbestos from Parliament buildings.

Close to 7,000 workers still mine in Quebec and by 1984, twenty-
five years ago, when the dangers of asbestos were well known
world wide, the asbestos industry began to promote asbestos as a
safe consumer product. The asbestos campaign by the mining
industry was with the support of the Canadian government.

The asbestos manufacturers and Quebec unions founded the Asbestos
Institute (now known as Chrysotile Institute) to educate on the
positive uses of asbestos and is subsidized by both levels of
government. In the spring of 2009, the government agreed to pay
$1.35 million into the Institute over three years.

LAB Chrysotile mines and exports asbestos containing substances
to developing countries like India, Indonesia, Sri Lanka, and
Brazil and estimated the asbestos exports are worth more than
$100 million.

A study released in 2006 reported asbestos exposure was
responsible for a 70 percent rise in work-related deaths in
Canada, which is more than 300 deaths per year.

MiningWatch Canada asserts the asbestos mining company, LAB
Chrysotile, pays the lowest taxes in Quebec after government
breaks and subsidies. In 2002, the total public expenditures on
the asbestos industry were $107.7 million according to The
Gazette.

                            *********

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.

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