CAR_Public/091008.mbx             C L A S S   A C T I O N   R E P O R T E R

           Thursday, October 8, 2009, Vol. 11, No. 199
  
                            Headlines

ARIZONA HEALTH: Incontinence Brief Complaint Now Available
CHINA SHENGHUO: Pursues Dismissal of Amended Securities Suit
CONVERTED ORGANICS: Suit by FTA Purchasers Pending in Delaware
DAISO CALIFORNIA: Recalls 130 Lead-Containing Toys
DAISO CALIFORNIA: Recalls 430 Wooden Toys

DIVILBISS AIR: Recalls Additional Pressure Washers & Compressors
DOLLAR TREE: Female Managers Complain About Unequal Pay
FIRST GROUP: Charged with Violations of Fair Credit Reporting Act
GLOBALOPTIONS GROUP: "Wonsch" Suit in Calif. Settled in May 2009
HEALTH BENEFITS: Motion to Dismiss Contract Breach Suit Pending

HEALTHWAYS INC: Class Certification Denied in Securities Lawsuit
HEARTLAND PAYMENT: 16 Lawsuits Consolidated Into One in S.D. Tex.
MDL 1554: Judge Scheindlin Approves $510 Mil. IPO Litigation Deal
NATIONAL CITY: Bank Accused of Bait-and-Switch Commercial Loans
NEUROMETRIX INC: Mediation Fails, Fraud Suit Proceeds in Mass.

OPTIONABLE INC: Motion to Amend Gas Options Suit Denied in June
PATRIOT CAPITAL: Faces "Belodoff" Lawsuit Over Proposed Merger
PATRIOT CAPITAL: Faces "Killion" Complaint Over Proposed Merger
PATRIOT CAPITAL: Faces "Webster" Action Over Proposed Merger
ROCKIES REGION: Settlement Distribution Checks Mailed in July

SECURITIES AMERICA: Sued for "Reckless" MedCap Investment Advice
TENARIS ALGOMA: Union Members, Owing $1.5 Mil., Eye Class Action
UCI HOLDCO: Bid to Junk Indirect Purchasers' Suit Still Pending
UCI HOLDCO: Bid in "Perrault" Case Pending Quebec Court Ruling
UCI HOLDCO: "Peerali" Lawsuit v. Champion Labs Remain Pending

UCI HOLDCO: Motion in "Urlin" Suit Pending Ontario Court Ruling
UCI HOLDCO: Unit Still Faces Direct Purchasers Consolidated Suit
UNDERSEA SYSTEMS: Recalls 900 Guardian Full-Face Masks
VIVENDI: Trial Begins in S.D.N.Y. Shareholder Fraud Suit
WHITE TIGER: Recalls 84,000 Folding Directors Chairs

                    New Securities Fraud Cases

DIREXION SHARES: Fraud Suit Against Financial Bear 3X Shares Fund

                            *********

ARIZONA HEALTH: Incontinence Brief Complaint Now Available
----------------------------------------------------------
As reported in the Class Action Reporter on Tues., Oct. 6, 2009,
the Arizona Center for Disability Law filed a class action
lawsuit against the Arizona Health Care Cost Containment System,
on behalf of low-income adults with disabilities who struggle to
find the money to pay for medically necessary incontinence
briefs.

A copy of the Complaint in Alvarez, et al. v. Rodgers, et al.,
Case No. 09-cv-00558 (D. Ariz.), is available at:

     http://www.courthousenews.com/2009/10/05/Incontinence.pdf


CHINA SHENGHUO: Pursues Dismissal of Amended Securities Suit
------------------------------------------------------------
China Shenghuo Pharmaceutical Holdings, Inc. pursues dismissal of
the amended consolidated complaint in a purported securities
fraud class-action lawsuit in New York.

Putative class-action lawsuits have been asserted against the
Company and certain of its officers and directors in the U.S.
District Court for the Southern District of New York.  Only one
complaint, "Beni Varghese v. China Shenghuo Pharmaceutical
Holdings, Inc., Gui Hua Lan, Qiong Hua Gao, Gene Michael
Bennett, And Yunhong Guan, Index No. 08 CIV. 7422," has been
served on the company thus far.

The complaints allege, among other things, that certain of the
company's SEC filings and other public statements contained
false and misleading statements which resulted in damages to the
plaintiffs and the members of the purported class when they
purchased the company's securities.

On the basis of those allegations, plaintiffs in each of the
actions seek an unspecified amount of damages under Sections
10(b) and 20(a) of the Exchange Act.

According to the company's Nov. 19 2008 Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter
ended Sept. 30, 2008, on Oct. 20, 2008, the company and counsel
to the plaintiff in the Varghese Action filed a stipulation with
the Court in which the parties agreed that the plaintiff may
file a consolidated, amended complaint within 60 days after the
entry of an order appointing and approving lead counsel, and
that the company's time to answer that complaint is extended
until 60 days after the filing of the consolidated complaint.

On Feb. 12, 2009, an amended complaint was served on the company
by new lead counsel for the class, consolidating the putative
class actions and bearing the caption, "Beni Varghese,
Individually and on Behalf of All Other Similarly Situated v.
China Shenghuo Pharmaceutical Holdings, Inc., et al., Index No.
1:08 CIV. 7422."  The defendants include the company, its
controlling shareholders, Lan's International Medicine
Investment Co., Limited, its chief executive officer, Gui Hua
Lan, its former chief financial officer, Qiong Hua Gao, and its
independent registered public accounting firm, Hansen, Barnett &
Maxwell, P.C.

During the second quarter of 2009, the company and the accounting
firm filed motions to dismiss the complaint and the plaintiffs
filed a memorandum in opposition to those motions.

During the third quarter of 2009, the company plans to file a
reply brief in further support of its motion, according to its
Aug. 14, 2009, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2009.

China Shenghuo Pharmaceutical Holdings, Inc. is primarily
engaged in the research, development, production and marketing
of pharmaceutical, nutritional supplement and cosmetic products.
The company's core offering, Xuesaitong Soft Capsules, is a
pharmaceutical product developed to treat the symptoms of
cardiovascular and cerebrovascular disease.  This drug is
designed to invigorate the circulation of blood and improve
microcirculation.  Nearly all of Shenghuo's products are derived
from the medicinal herb Panax notoginseng, also known as Sanqi,
Sanchi or Tienchi.  Shenghuo's research and development efforts
focus on pharmaceutical products and over-the-counter (OTC)
products that are based on traditional Chinese medicines.


CONVERTED ORGANICS: Suit by FTA Purchasers Pending in Delaware
--------------------------------------------------------------
The putative class-action lawsuit, Gerald S. Leeseberg,
et al. v. Converted Organics, Inc., is pending in the U.S.
District Court for the District of Delaware.

The company received notice that a complaint had been filed in a
putative class-action lawsuit on behalf of 59 persons or
entities that purchased units pursuant to a financing terms
agreement dated April 11, 2006 ("FTA"), filed in the U.S.
District Court for the District of Delaware.

The lawsuit alleges breach of contract, conversion, unjust
enrichment, and breach of the implied covenant of good faith in
connection with the alleged failure to register certain
securities issued in the FTA, and the redemption of the
company's Class A warrants in November 2008.

The lawsuit seeks damages related to the failure to register
certain securities, including alleged late fee payments, of
approximately $5.25 million, and unspecified damages related to
the redemption of the Class A warrants.

In February 2009, the company filed a Motion for Partial
Dismissal of Complaint. The Court has yet to rule on this motion,
according to the company's Aug. 14, 2009, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
June 30, 2009.

Converted Organics Inc. -- http://www.convertedorganics.com/--
operates processing facilities that use food waste as raw
material to manufacture all-natural soil amendment products
combining nutritional and disease suppression characteristics.
In addition to its sales in the agribusiness market, the company
sells and distributes its products in the turf management and
retail markets.  As of Dec. 31, 2008, the company operated two
facilities: Woodbridge facility and Gonzales facility.


DAISO CALIFORNIA: Recalls 130 Lead-Containing Toys
--------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Daiso California LLC, of Burlingame, Calif., announced a
voluntary recall of about 130 chrildren's toys, purses and pen
cases.  Consumers should stop using recalled products immediately
unless otherwise instructed.

The surface paint on the balancing toys and zippers of the purses
and pen cases contain excessive levels of lead, violating the
federal lead paint ban.  The inflatable baseball bat toys contain
excessive levels of DEHP, violating the federal phthalate
standard.

No incidents or injuries have been reported.

This recall involves balancing toys in the shape of dragonflies,
children's purses in the shape of the head of a lion, frog or
bear, children's purses with rainbow stripes, children's pen
cases shaped like a piece of candy with stitching "cool ice
cream," "sweet cake," or "fad hamburger" on the front, and
inflatable baseball bats with "Home Run" printed on the side.
Daiso is printed on the product's packaging.  

The products were sold at Daiso stores in California from March
2008 through May 2009 for between $1 and $4, and were
manufactured in China and Vietnam.  

Consumers should immediately take the recalled products away from
children and contact Daiso for a free replacement product or a
full refund.  For more information, contact Daiso toll-free at
(888) 580-8841 between 9:30 a.m. and 6:30 p.m. PT Monday through
Friday, or visit the firms' Web site at
http://www.daisorecall.com/


To see this recall on CPSC's web site, including pictures of the
recalled products, go to:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10004.html


DAISO CALIFORNIA: Recalls 430 Wooden Toys
-----------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Daiso California LLC, of Burlingame, Calif., announced a
voluntary recall of about 430 wooden toys.  Consumers should stop
using recalled products immediately unless otherwise instructed.

The toys have small parts that can break and detach, posing a
choking hazard to young children.  

No incidents or injuries have been reported.

This recall involves four models of Daiso wooden toys including
Penguin Handbell, Pull Doll, Alligator Pull Toy and Rolling
Animals.  The Penguin Handbell has a small metal bell inside its
hollow interior.  The Pull Doll's limbs move up and down when the
string is pulled.  The Alligator Pull Toy is green and yellow
will move in an undulating fashion when pulled.  The Rolling
Animals are in the forms of a dog, rabbit, cat and mice, and
their tails are connected to their bodies by metal springs.  
Daiso is printed on the product's packaging.

The wooden toys were sold at Daiso stores in California from
December 2008 through May 2009 for between $1 and $4, and were
manufactured in China.

Consumers should immediately take the recalled toys away from
children and contact Daiso for a free replacement toy or a full
refund.  For more information, contact Daiso toll-free at (888)
580-8841 between 9:30 a.m. and 6:30 p.m. PT Monday through
Friday, or visit the firms' Web site at
http://www.daisorecall.com/

To see this recall on CPSC's web site, including pictures of the
recalled products, go to:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10005.html


DIVILBISS AIR: Recalls Additional Pressure Washers & Compressors
----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
DeVilbiss Air Power Company, of Jackson, Tenn., announced a
voluntary recall of about 620,000 DeVilbiss Air Power Company
Pressure Washers and 72,000 Air Compressors (some of which were
previously recalled in December 2006).  Consumers should stop
using recalled products immediately unless otherwise instructed.

The pressure washers and air compressors have pneumatic tires
with plastic hubs that can burst, posing fracture and laceration
hazards to consumers.

DeVilbiss has received more than 100 injury reports, including
hand and finger fractures and lacerations and reports of minor
property damage and damage to vehicles.  The December 2006 recall
announcement reported more than 26 reports of injuries.

The recalled pressures washers and air compressors were sold
under these brands and model numbers:

Pressure washers:

    Brand            Model Numbers            Manufacture Dates
    -----            -------------            -----------------
    Delta            DTH2450, DTH2450-1,      01/27/04 - 08/03/05
                     D2750H, D2400H-2,
                     D2400H-3, D2700K-1,
                     DTT2450

    Excell           XR2750-1, XR2600,        01/26/04 - 11/02/05
                     XR2600-1, XR2600-2,
                     XR2500-1

    Porter-Cable     PCV2250-2, PC2525SP-1,   06/04/04 - 10/24/05
                     PCE1700-3, PCH2401-1,
                     PCK3030SP-1, PCV2500,
                     PCH2800C, PCE1700-2,
                     PCH2425-2

    Pressure-Wave    PWH2500, PWH2500K        01/06/05 - 10/31/05

    Water Driver     WHAB2627-1               06/11/04 - 07/19/05

Air Compressors:

    Brand            Model Numbers            Manufacture Dates
    -----            -------------            -----------------
    Porter-Cable     CFFR350B-1, C3151-1,     12/16/04 - 05/05/06
                     C3551-1, PTA51
                     Service Kit

The pressure washers' brand, model number and manufacturing date
are located on the name plate on the rear of the engine base. On
the air compressors the brand, model number and manufacturing
date are located on the front of the motor housing.  Only
pressure washers and compressors with pneumatic tires with
plastic tire hubs are affected; pressure washers and compressors
with solid tires or metal tire hubs are not affected.

Both products were sold at home centers and hardware stores
nationwide.  Recalled pressure washers were sold from January
2004 through November 2005 for between $300 and $1,400.  The
recalled air compressors were sold between December 2004 and
October 2006 for between $300 and $500.  The products were
manufactured in the United States.

Consumers should stop using these products immediately and
contact DeVilbiss to obtain the location of the nearest service
center to receive a free replacement of the tires.  For
additional information, contact DeVilbiss toll-free at (866) 323-
9867 between 8 a.m. and 5 p.m. ET Monday through Friday or visit
the firm's Web site at http://www.devap.com/

To see this recall on CPSC's web site, including pictures of the
recalled products, go to:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10007.html


DOLLAR TREE: Female Managers Complain About Unequal Pay
-------------------------------------------------------
Courthouse News Service reports that Dollar Tree Stores pay its
female managers less than its male managers, a group of women
claim in a class action in Norfolk, Va., Federal Court.

A copy of the Complaint in Collins, et al. v. Dollar Tree Stores,
Inc., Case No. 09-cv-486 (E.D. Va.), is available at:

     http://www.courthousenews.com/2009/10/05/Dollar%20Tree.pdf

The Plaintiffs are represented by:

          Robert L. Wiggins, Jr., Esq.
          Ann K. Wiggins, Esq.
          Gregory O. Wiggins, Esq.
          Rocco Calamusa, Jr., Esq.
          Kevin W. Jent, Esq.
          WIGGINS, CHILDS, QUINN & PANTAZIS, LLC
          301 19th Street North
          Birmingham, AL 35203
          Telephone: 206-314-0500

               - and -  

          Stephen E. Heretick, Esq.
          715 Loudoun Ave.
          Portsmouth, VA 23707
          Telephone: 757-397-9923


FIRST GROUP: Charged with Violations of Fair Credit Reporting Act
-----------------------------------------------------------------
In two separate class actions, members of the Amalgamated Transit
Union (ATU) filed lawsuits against First Student and First
Transit -- North American subsidiaries of First Group plc of
Great Britain -- for violation of their legal rights under the
Fair Credit Reporting Act.  The suits were filed in federal
district courts in Illinois.

In each case, workers were summarily dismissed from employment
after First Group subsidiaries hired a vendor to perform a
background check on their employees and the vendor reported that
the employee had a purported past criminal record.

Under the Fair Credit Reporting Act, employers are obliged to
notify employees of any adverse actions anticipated as a result
of a background check, and to give the employees a reasonable
opportunity to dispute the accuracy of the reported information.
"First Group has been trampling the rights of workers," asserted
ATU International President Warren S. George.  "Now we see that
they have been trampling U.S. law as well. That's why the ATU has
retained counsel to represent the legal rights of not just our
members - but all employees and job applicants at First Group."

ATU members Elizabeth Hunter and William Garraughty are the named
plaintiffs in the class action filed against First Transit.  ATU
members Tasha Joshaway, Michael Yurkowski and Debbie Goin are the
named plaintiffs in the class action against First Student.

The lawsuits filed by the Chicago law firm of Hughes Socol Piers
Resnick & Dym, Ltd., will seek relief for all employees summarily
dismissed -- and all applicants similarly refused employment --
on the basis of a background check.

The ATU, which represents over 12,000 employees of First Group
subsidiaries in North America, is investigating whether Canadian
laws may also been violated by First Group.

The Amalgamated Transit Union is the largest labor organization
representing transit workers in the United States and Canada.
Founded in 1892, the ATU is composed of over 190,000 members in
264 local unions spread across 44 states and nine provinces.
Comprised of bus drivers, light rail operators, maintenance and
clerical personnel and other transit and municipal employees, the
ATU works to promote transit issues and fights for the interests
of its hard-working members.


GLOBALOPTIONS GROUP: "Wonsch" Suit in Calif. Settled in May 2009
----------------------------------------------------------------
The case, Wonsch, et al. vs. Facticon Inc. and GlobalOptions
Group, Inc., in the State Court for the Central District of
California, was settled in full in May 2009.

In the Wonsch State Court case, the plaintiffs in the class
action alleged that Facticon failed to pay overtime wages under
the California Civil Code.

This action is similar to the matter entitled, "Anchondo vs.
Facticon Inc. and GlobalOptions Group, Inc.," but is limited to
the state laws of California.

Subsequent to its acquisition of Facticon, the company was added
as a defendant in said case, under the successor liability
theory; however, the company has not filed a response under the
successor liability claim, since GlobalOptions filed a motion
with the California State Court to remove such case from the
California State Court and for such case to be merged with the
Anchondo case, and the California State Court has granted such
motion.

Although the cases have been merged, the company must settle
with each of the two plaintiff groups separately.

Based on preliminary discussions with the State Plaintiffs,
GlobalOptions believes that it will be able to reasonably settle
the Wonsch matter.

Under the terms of an escrow agreement, as amended, entered into
by and between GlobalOptions and Facticon, the escrow agreement
provides that 85,700 shares of the Company's common stock and
$100,000 in cash funds shall be held to satisfy this and other
pre-acquisition obligations of Facticon.

The Company and the stockholders of Facticon have agreed that
the Company will not distribute any funds or stock as provided
under the asset purchase agreement until the Anchondo and the
Wonsch cases are resolved, and if necessary, the Company shall
use such stock and cash to offset such matters.

The Company has established a reserve in the amount of $776,000
to cover the Company for any additional costs in connection with
the Anchondo and Wonsch cases that are not recoverable through
the escrow amounts. (Class Action Reporter, Dec. 15, 2008)

The State matter was settled in full on May 12, 2009, with a cash
payment of $118,000, according to the company's Aug. 14, 2009,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2009.

GlobalOptions Group, Inc. -- http://www.globaloptions.com/-- is
an integrated provider of risk mitigation and management
services to government entities, Fortune 1,000 corporations and
high net-worth individuals.  The Company enables clients to
identify, assess and prevent natural and man-made threats to the
well-being of individuals and the operations of governments and
corporations.  In addition, it assists its clients in recovering
from the damages or losses resulting from the occurrence of acts
of terror, natural disasters, fraud and other risks. It delivers
risk mitigation and management services through four business
units: Preparedness Services, Fraud and Special Investigative
Unit (SIU) Services, Security Consulting and Investigations and
International Strategies. In January 2007, the Company acquired
On Line Consulting Services. In February 2007, it acquired The
Bode Technology Group, Inc. In February 2007, GlobalOptions
Group, Inc. acquired Facticon, Inc. to expand its Fraud and SIU
Services unit.


HEALTH BENEFITS: Motion to Dismiss Contract Breach Suit Pending
---------------------------------------------------------------
Health Benefits Direct Corp.'s motion to dismiss a national
class-action complaint filed by a former employee of the company
in the 17th Judicial Circuit of Florida, Broward County, Case
No. 062008 CA 042798 XXX CE, remains pending.

On Aug. 28, 2008, the plaintiff filed the complaint alleging
that the company breached a contract with employees by failing
to provide certain commissions and/or bonuses.

The complaint also contains claims for an accounting and for
declaratory relief relating to the alleged compensation
agreement.

The plaintiff purports to bring these claims on behalf of a
class of current and former insurance sales agents.

The plaintiff seeks payment from the company of all commissions
allegedly owed to him and the putative class, triple damages,
attorneys' fees, costs, and interest.

The company filed a motion to dismiss the complaint, which has
not yet been heard by the court, according to the company's Aug.
14, 2009, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended June 30, 2009.

Radnor, Pennsylvania-based Health Benefits Direct Corp. --
http://www.healthbenefitsdirect.com/-- engages in the direct
marketing and distribution of health and life insurance
products.  The Company operates though two segments, Telesales
and Atiam.


HEALTHWAYS INC: Class Certification Denied in Securities Lawsuit
----------------------------------------------------------------
Getahn Ward at The Tennessean reports that the Honorable Todd J.
Campbell on Monday denied a motion to certify Beach v.
Healthways, Inc., et al., Case No. 08-cv-00569  (M.D. Tenn.),
as a class-action case a lawsuit.  Judge Campbell questioned West
Palm Beach Firefighters' Pension Fund's eligibility to represent
the potential class, saying it wasn't typical of potential class
members because its investment manager had more information than
other investors and held views about Healthways that conflict
with the plaintiff's case.

The Plaintiffs are represented by:

          Ramzi Abadou, Esq.
          Thomas E. Egler, Esq.
          Jennifer Yeu-Jeng Lai, Esq.
          Darren J. Robbins, Esq.
          Scott H. Saham, Esq.
          Jessica Shinnefield, Esq.
          COUGHLIN, STOIA, GELLER, RUDMAN & ROBBINS, LLP
          655 W. Broadway, Suite 1900
          San Diego, CA 92101

               - and -  

          Mario Alba, Jr., Esq.
          David A. Rosenfeld, Esq.
          Samuel H. Rudman, Esq.
          COUGHLIN, STOIA, GELLER, RUDMAN & ROBBINS, LLP
          58 S. Service Road, Suite 200
          Melville, NY 11747

               - and -  

          Marshall Dees, Esq.
          Michael I. Fistel, Jr., Esq.
          Corey D. Holzer, Esq.
          HOLZER, HOLZER & FISTEL, LLC
          1117 Perimeter Center West, Suite E-107
          Atlanta, GA 30338

               - and -  

          Robert J. Dyer, III, Esq.
          DYER & BERENS LLP
          682 Grant Street
          Denver, CO 80203

               - and -  

          D. Seamus Kaskela, Esq.
          David M. Promisloff, Esq.
          SCHIFFRIN, BARROWAY, TOPAS & KESSLER, LLP
          280 King of Prussia Road
          Radnor, PA 19087

               - and -  

          George Edward Barrett, Esq.
          Douglas S. Johnston, Jr., Esq.
          Timothy L. Miles, Esq.
          BARRETT, JOHNSTON & PARSLEY
          217 Second Avenue, N.
          Nashville, TN 37201

               - and -  

          Paul Kent Bramlett, Esq.
          Robert P. Bramlett, Esq.
          BRAMLETT LAW OFFICES
          P.O. Box 150734
          Nashville, TN 37215

The Defendants are represented by:

          Susan Hurd, Esq.
          John Latham, Esq.
          ALSTON & BIRD
          One Atlantic Center
          1201 W. Peachtree Street
          Atlanta, GA 30309-3424

               - and -  

          Wallace Wordsworth Dietz, Esq.
          Brian D. Roark, Esq.
          BASS, BERRY & SIMS
          315 Deaderick Street, Suite 2700
          Nashville, TN 37238-3001


HEARTLAND PAYMENT: 16 Lawsuits Consolidated Into One in S.D. Tex.
-----------------------------------------------------------------
Jaikumar Vijayan at Computerworld reports that a lawsuit
consolidating 16 separate class-action complaints brought by
financial institutions against Heartland Payment Systems Inc. has
been filed in U.S. District Court for the Southern District of
Texas.

The claims stem from the massive data breach disclosed by
Princeton, N.J.-based Heartland in January. The complaints allege
that the payment processor was negligent in its duty to protect
cardholder data.

The amended complaint includes for the first time several
statements that Heartland is alleged to have made regarding the
controls it had in place to protect credit and debit card data
just prior to the breach. The fact that the company suffered the
breach despite its claimed security measures shows that Heartland
either negligently or deliberately misrepresented the facts, the
lawsuit alleges.

The lawsuit seeks compensation from Heartland for the costs that
the financial institutions say they have had to bear in notifying
customers about the breach and in reissuing new cards. Among the
financial institutions listed are the Pennsylvania State
Employees Credit Union, Lone Star Bank of North America and
Amalgamated Bank of New York.

"There were multiple lawsuits filed all over the country on
behalf of financial institutions, and all of those cases were
sent to federal court in Houston" for consolidation, said Joseph
Sauder, a partner in the Haverford, Pa., office of Chimicles &
Tikellis LLP, a class action law firm.  Mr. Sauder is one of the
lead attorneys representing the financial institution plaintiffs
in the lawsuit.

"This complaint incorporates the strongest claims from all of the
financial institution class-action lawsuits," Mr. Sauder said.
"The next step is for Heartland to file a response to this
complaint," he said.

Heartland on Jan. 20 disclosed that unknown intruders had broken
into its network sometime last year and accessed payment card
data belonging to an undisclosed number of customers. The breach,
which is considered the biggest involving payment card data,
compromised more than 100 million credit and debit cards.

So far, Heartland has publicly admitted to spending nearly $13
million on breach-related costs, and analysts expect that the
incident will cost the company millions more in the coming years.
Heartland, one of the biggest payment processors in the U.S.,
manages about 100 million credit and debit card transactions per
month.

The cases were consolidated in federal court in Texas because
Heartland's data centers are located in that state, Mr. Sauder
said. A "separate track" of cases involving consumer lawsuits
against Heartland is also being heard in the same court, Mr.
Sauder said.

In September, Albert Gonzalez, 28, of Miami pleaded guilty to the
data heist at Heartland and several retailers, including TJX
Companies Inc., BJ's Wholesale Club, Hannaford Bros. and the Dave
& Buster's restaurant chain. Gonzalez is scheduled to be
sentenced in December and faces 15 to 20 years in prison under
the terms of his plea agreement.


MDL 1554: Judge Scheindlin Approves $510 Mil. IPO Litigation Deal
-----------------------------------------------------------------
Grant McCool at Reuters reports that the Honorable Shira Ann
Scheindlin gave final approval on Tuesday for payment of $510
million to shareholders who sued over the allocation of initial
public offerings during the 1990s Internet stocks boom, but the
amount is far less than they sought.

Judge Scheindlin's Opinion in In re Initial Public Offering
Securities Litigation, MDL No. 1554; Master Docket No. 21-MC-92
(S.D.N.Y.), settles 309 lawsuits that were part of a class action
against 55 underwriters and hundreds of issuers and corporate
officers filed in 2001.

Judge Scheindlin awarded lawyers for the shareholders about $170
million, a third of the net settlement fund of $510 million.  In
a court filing last month, objectors to the settlement said
lawyers had sought one-third of the gross settlement of $586
million, or about $195 million.

Judge Scheindlin said that although the lawyers obtained a large
gross settlement fund, "the results, in general, are
disappointing."

Class members are expected to receive only 1 cent on each dollar
lost and the settlement is based on a much smaller class and
lower expected damages than sought when the litigation began, the
opinion said.

The underwriters included many of Wall Street's biggest banks:
Goldman Sachs Group Inc, Citigroup Inc, Merrill Lynch & Co, Bank
of America Corp, Morgan Stanley, Credit Suisse Group and JPMorgan
Chase & Co.  

The shareholders accused underwriters of making the allocation of
IPO shares on the condition of certain aftermarket purchase
agreements, paying inflated brokerage commissions or improperly
using research analysts. This included encouraging analysts to
set unrealistic price targets for IPO shares, according to court
documents.

"Although the defendants in this action did not admit to
wrongdoing by agreeing to settle, this class action succeeded --
at the very least -- in penalizing them for questionable
conduct," Judge Scheindlin wrote.


NATIONAL CITY: Bank Accused of Bait-and-Switch Commercial Loans
---------------------------------------------------------------
Joe Harris at Courthouse News Service reports that National City
Bank uses a bait-and-switch tactic to lure in commercial
borrowers with a deceptively low "annual" interest rate that's
not based on a full year, a class action claims in St. Clair
County Circuit Court.

Lead plaintiff Kreisler & Kreisler says National City entices
commercial borrowers by agreeing to charge a certain yearly
interest rate, but doesn't tell them that the rate is based on a
calendar year of fewer than 12 months.

As a result, National City charges interest at an actual annual
rate of 101.4 percent.  National City also charges borrowers
substantial fees to prepare promissory notes and loan documents,
the lawsuit states.

The class consists of all entities that have taken out commercial
loans since April 1999 with PNC Financial Services, National City
Bank's successor in interest, and had PNC charge them a higher
interest rate than agreed to.

The class members seek damages for breach of contract, violations
of the Illinois Interest Act, consumer fraud and deceptive
business practices.

A copy of the Complaint in Kreisler & Kreisler, LLC v. National
City Bank, et al., Case No. 09-L-505 (Ill. Cir. Ct., 20th J.
Cir., St. Clair Cty.), is available at http://is.gd/40leu

The Plaintiff is represented by:

          Bernard Ysura, Esq.
          12 West Lincoln St.
          Belleville, IL 62220
          Telephone: 618-235-3500

               - and -  

          Pat Ducey, Esq.      
          LAW OFFICE OF PAT DUCEY
          41 Oakbrooke
          Troy, IL 62291
          Telephone: 618-514-6998

               - and -  

          Thomas R. Ysura, Esq.
          5111 West Main Street
          Belleville, IL 62226
          Telephone: 618-235-0020


NEUROMETRIX INC: Mediation Fails, Fraud Suit Proceeds in Mass.
--------------------------------------------------------------
A consolidated putative securities class-action complaint against
NeuroMetrix, Inc., is ongoing in the U.S. District Court for the
District of Massachusetts.

On March 17, 2008, a putative securities class-action complaint
was filed in the Massachusetts District Court against the
company and certain of its current and former officers.

On March 27, 2008, a related putative securities-class action
complaint was filed in the same court, against the same
defendants.

These two actions were subsequently consolidated, and the court
appointed a lead plaintiff.

On Nov. 10, 2008, a consolidated amended class-action complaint
was filed, which alleges, among other things, that between Oct.
27, 2005 and Feb. 12, 2008, defendants violated the federal
securities laws by allegedly making false and misleading
statements and failing to disclose material information to the
investing public.

The plaintiffs are seeking unspecified damages.

On Jan. 30, 2009, the company filed a motion to dismiss the
consolidated amended complaint on the grounds, among others,
that it failed to state a claim on which relief can be granted.

In March 2009, the parties mutually agreed to participate in
mediation to attempt to resolve the litigation, and the court
entered an order staying the proceedings until the mediation is
complete.

The mediation did not resolve the litigation, and plaintiffs
opposed defendants' motion to dismiss on July 20, 2009, according
to the company's Aug. 14, 2009, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2009.

NeuroMetrix, Inc. -- http://www.neurometrix.com/-- designs,
develops and markets medical devices used to help physicians
diagnose and treat diseases of the nervous system, such as
neuropathies, which are disorders of the peripheral nerves and
parts of the spine, and neurovascular disorders such as diabetic
retinopathy.  The Company is also developing medical devices
designed to be used to provide regional anesthesia and pain
control.  The Company's focus has been on products that help
physicians with the diagnosis or detection of neuropathies and
neurovascular disorders.  It has two product lines cleared by
the United States Food and Drug Administration that are being
marketed primarily to physicians and clinics: the NC-stat System
for the assessment of neuropathies and the DigiScope for the
detection of eye disorders such as diabetic retinopathy.


OPTIONABLE INC: Motion to Amend Gas Options Suit Denied in June
---------------------------------------------------------------
The plaintiffs' motion seeking to file an amended complaint In re
Optionable Securities Litigation, Case 07 CV 3753 (LAK), was
dismissed in June 2009, according to Optionable Inc.'s Aug. 14,
2009, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended June 30, 2009.

On May 11, 2007, two lawsuits were filed in the U.S. District
Court for the Southern District of New York:

      -- Alexander Fleiss v. Optionable Inc., Mark Nordlicht,
         Kevin Cassidy, Edward J. O'Connor, Albert Helmig and
         Marc-Andre Boisseau, Case No. 07 CV 3753 (LAK), and

      -- Robert Rastocky v. Optionable, Inc., Kevin Cassidy
         and Edward O'Connor, Case No. 07 CV 3755 (CLB),

Subsequently, five additional lawsuits were filed in the U.S.
District Court for the Southern District of New York:

     1. Jagdish Patel v. Optionable Inc., Kevin Cassidy, and
        Edward J. O'Connor, Case No. 07 CV 3845 (LAK), filed
        on May 16, 2007;

     2. Peters v. Optionable, Inc., Mark Nordlicht, Kevin P.
        Cassidy, Edward J. O'Connor, Albert Helmig, and Marc-
        Andre Boisseau, Case No. 07 CV 3877 (LAK), filed on
        May 17, 2007;

     3. Manowitz v. Optionable Inc., Kevin Cassidy, Edward J.
        O'Conner, and Mark Nordlicht, Case No. 07 CV 3884
        (UA), filed on May 17, 2007;

     4. Glaubach v. Optionable Inc., Kevin Cassidy, Mark
        Nordlicht, Edward J. O'Connor, Albert Helmig, and
        Marc-Andre Boisseau, Case No. 07 CV 4085 (LAK), filed
        on May 24, 2007; and

     5. Bock v. Optionable Inc., Kevin Cassidy, Mark
        Nordlicht, Edward J. O'Connor, Albert Helmig, and
        Marc-Andre Boisseau, Case No. 07 CV 5948 (LAK), filed
        on June 22, 2007.

Each of the lawsuits names the company as a defendant and some
of the lawsuits name as defendants all or certain of the
directors and officers of the company.

The directors and officers of the company that were named as
defendants include:

   * Mark Nordlicht, former Chairman of the Board of Directors
     of the Company;

   * Kevin Cassidy, former Chief Executive Officer and Vice-
     Chairman of the Board of Directors of the Company;

   * Edward J. O'Connor, President of the Company and member of
     the Board of Directors; and

   * Marc-Andre Boisseau, the Chief Financial Officer of the
     Company.

By order dated May 24, 2007, the Rastocky matter was voluntarily
dismissed.

By Orders dated June 20 and July 3, 2007, the Fleiss, Patel,
Peters, Manowitz, and Glaubach cases were consolidated under the
caption, "In re Optionable Securities Litigation, Case 07-CV-
3753 (LAK)."

By Order Nov. 20, 2007, Judge Kaplan granted the motion of KLD
Investment Management, LLC, to serve as lead plaintiff and
approved its choice of counsel, Kahn Gauthier Swick, LLC.

On Jan. 17, 2008, the lead plaintiff filed a consolidated
amended class action complaint.  The complaint seeks unspecified
damages arising from alleged violations of the federal
securities laws, including the U.S. Securities Exchange Act of
1934, 15 U.S.C. ss. 78a et seq., and Rule 10b-5 under the
Exchange Act, 17 C.F.R. ss. 240.10b -5.

The complaint alleges, among other things, that during the class
period of Jan. 22, 2007, to May 14, 2007, defendants failed to
disclose certain information in public filings and statements,
made materially false and misleading statements and
misrepresentations in public filings and statements, sold
artificially inflated stock and engaged in improper deals, had
an improper relationship with and "schemed" with its customer
Bank of Montreal, and understated the company's reliance on its
relationship with BMO.

The complaint alleges that while the company's stock was trading
at artificially inflated prices, certain defendants sold shares
of common stock of the company.

On Feb. 15, 19, and 20, 2008, the company and the individual
defendants filed motions to dismiss the complaint, which motions
were opposed by the plaintiffs.

On April 3, 2008, Judge Kaplan ordered the individual defendants
to file only a single joint reply memorandum in response to the
plaintiffs' oppositions.  Thus, in April 2008, the company filed
its reply memorandum of law in support of its motion to dismiss
the complaint, and the individual defendants filed their joint
reply memorandum of the same.

Earlier, Optionable, Inc., sought the dismissal of the
consolidated shareholder lawsuit entitled "In re Optionable
Securities Litigation, Case 07 CV 3753 (LAK)" (Class Action
Reporter, Oct. 3, 2008).

On Oct. 20, 2008, the Court denied Plaintiff's motion in all
respects, and a final judgment of dismissal was entered on Oct.
23, 2008.

On Jan. 13, 2009, the plaintiff filed a motion pursuant to Rule
60(b) for relief from the Oct. 23, 2008 Final Judgment and
seeking to file an amended complaint on the basis of newly
discovered evidence.  

On Feb. 12, 2009, the defendants filed an opposition to the
motion.  The plaintiffs filed a reply on March 3, 2009.   

The suit is In re Optionable Securities Litigation, Case 07 CV
3753 (SDNY) (Kaplan, J)

Representing the plaintiffs are:

          Mario Alba, Jr., Esq.
          Coughlin, Stoia, Geller, Rudman & Robbins, LLP
          58 South Service Road, Suite 200
          Melville, NY 11747
          Phone: 631-367-7100
          Fax: 631-367-1173
          E-mail: malba@csgrr.com

               - and -

          Jeffrey Philip Campisi, Esq.
          Kaplan Fox & Kilsheimer LLP
          850 Third Avenue, 14th Floor
          New York, NY 10022
          Phone: 212-687-1980
          Fax: 212-687-1980
          E-mail: jcampisi@kaplanfox.com

Representing the defendants are:

          Michael G. Bongiorno, Esq.
          Wilmer Cutler Pickering Hale & Dorr L.L.P.
          1875 Pennsylvania Avenue, Nw
          Washington, DC 20006
          Phone: 212-230-8800
          Fax: 212-230-8888
          E-mail: michael.bongiorno@wilmerhale.com

               - and -

          Paul Edouard Dans, Esq.
          Edwards Angell Palmer & Dodge, LLP
          750 Lexington Avenue
          New York, NY 10022
          Phone: 212-912-2736
          Fax: 212-308-4844
          E-mail: pdans@eapdlaw.com


PATRIOT CAPITAL: Faces "Belodoff" Lawsuit Over Proposed Merger
--------------------------------------------------------------
Patriot Capital Funding, Inc. faces a class action lawsuit filed
by Bruce Belodoff in the Superior Court of the State of
Connecticut.

On Aug. 4, 2009, the plaintiff sued the company, its directors
and certain of its officers in Connecticut.

The lawsuit alleges that the proposed merger between the company
and Prospect Capital is the product of a flawed sales process and
that the company's directors and officers breached their
fiduciary duty by agreeing to a structure that was not designed
to maximize the value of the company's shares.

The lawsuit asserts that the company aided and abetted its
officers' and directors' breach of fiduciary duty, according to
its Aug. 14, 2009, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2009.

Patriot Capital Funding, Inc. -- http://patcapfunding.com/-- is  
a closed-end and non-diversified investment company.  It is a
specialty finance company that provides financing solutions to
small- to mid-sized companies.


PATRIOT CAPITAL: Faces "Killion" Complaint Over Proposed Merger
---------------------------------------------------------------
Patriot Capital Funding, Inc. faces Brian Killion's class action
lawsuit in the Superior Court of the State of Connecticut.

On Aug. 5, 2009, the plaintiff sued the company, its directors
and certain of its officers in Connecticut.

The lawsuit alleges that the consideration to be paid in the
proposed merger between the company and Prospect Capital is
unfair and is the result of an unfair process.

The lawsuit further alleges that the company's directors and
officers breached their fiduciary duty by agreeing to a structure
that is designed to deter higher offers from other bidders and
for failing to obtain the highest and best price for the
company's stockholders.

The lawsuit asserts that the company and Prospect Capital aided
and abetted its officers' and directors' breach of fiduciary
duty, according to the company's Aug. 14, 2009, Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarter
ended June 30, 2009.

Patriot Capital Funding, Inc. -- http://patcapfunding.com/-- is  
a closed-end and non-diversified investment company.  It is a
specialty finance company that provides financing solutions to
small- to mid-sized companies.


PATRIOT CAPITAL: Faces "Webster" Action Over Proposed Merger
------------------------------------------------------------
Patriot Capital Funding, Inc. faces a class action lawsuit filed
by Thomas Webster relating to a proposed merger between the
company and Prospect Capital.

On Aug. 11, 2009, Mr. Webster filed a class action lawsuit
against the company, its directors and certain of its officers in
the Superior Court of the State of Connecticut.

The lawsuit alleges that the proposed merger between the company
and Prospect Capital is the product of a flawed sales process and
that the company's directors and officers breached their
fiduciary duty by agreeing to a structure that was not designed
to maximize the value of the company's shares.

In addition, the lawsuit asserts that the company aided and
abetted its officers' and directors' breach of fiduciary duty,
according to its Aug. 14, 2009, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2009.

Patriot Capital Funding, Inc. -- http://patcapfunding.com/-- is  
a closed-end and non-diversified investment company.  It is a
specialty finance company that provides financing solutions to
small- to mid-sized companies.


ROCKIES REGION: Settlement Distribution Checks Mailed in July
-------------------------------------------------------------
Settlement distribution checks in a consolidated class-action
complaint in Colorado against Petroleum Development Corp. were
mailed in July 2009, according to Rockies Region Private LP's
Aug. 14, 2009, Form 10-Q filed with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2009.

PDC is the Managing General Partner of the company.

On May 29, 2007, Glen Droegemueller, individually and as
representative plaintiff on behalf of all others similarly
situated, filed a class action complaint against PDC in the
District Court, Weld County, Colorado alleging that the MGP
underpaid royalties on gas produced from wells operated by the
Managing General Partner in the State of Colorado.  The
plaintiff seeks declaratory relief and to recover an unspecified
amount of compensation for underpayment of royalties paid by the
MGP pursuant to leases.  The MGP moved the case to Federal Court
on June 28, 2007, and on July 10, 2007, it filed its answer and
affirmative defenses.

A second similar Colorado class-action suit was filed against
the MGP in the U.S. District Court for the District of Colorado
on Dec. 3, 2007, by Ted Amsbaugh, et al.

On Dec. 31, 2007, the plaintiffs in this second action filed a
motion to consolidate the case with the Droegemueller action.
On Jan. 28, 2008, the Court granted the plaintiff's motion to
consolidate the action with the Droegemueller Action.

The court approved a stay in proceedings until Sept. 22, 2008,
while the parties pursued mediation of the matter.  Although
Rockies Region was not named as a party in the suit, the lawsuit
states that it relates to all wells operated by the MGP, which
includes a majority of the company's 75 wells in the Wattenberg
field.  On Oct. 10, 2008, the court issued preliminary approval
of a settlement agreement.

According to its March 31, 2009 Form 10-K filing in the U.S.
Securities and Exchange Commission for the fiscal year ended
Dec. 31, 2008, the portion of the proposed settlement related to
the company's wells for all periods through Dec. 31, 2008 is
$78,105.  This amount, plus legal costs of $7,863, were recorded
to fully accrue for the settlement through Dec. 31, 2008.  In
November 2008, the MGP paid into an escrow account, on behalf of
the company, amounts due under the settlement.  These amounts
will be deducted from future Partnership distributions.

Notice of the settlement was mailed to members of the class-
action suit in the fourth quarter 2008.

The final settlement was approved by the court on April 7, 2009.

Bridgeport, W.Va.-based Rockies Region 2007 Limited Partnership
engages in the exploration and development of oil and natural
gas properties.  The company was organized as a limited
partnership on May 22, 2007, in accordance with the laws of the
State of W.Va.  Upon completion of a private placement of its
securities, the company was funded and commenced business
activities on Aug. 31, 2007.


SECURITIES AMERICA: Sued for "Reckless" MedCap Investment Advice
----------------------------------------------------------------
John Hielscher at HeraldTribune.com reports that Ilene Grossbard,
a Sarasota, Fla., resident, has sued Securities America Financial
Corporation, Securities America, Inc., and Ameriprise Financial,
Inc., in the U.S. District Court for the District of Nebraska.  
Ms. Grossbard claims that the brokerage firm advised her to
invest in what her attorneys say was a $2 billion Ponzi scheme.  

The lawsuit, Grossbard v. Securities America Financial Corp., et
al., Case No. 09-cv-00350 (D. Neb.) (Bataillon, J.), seeks class-
action status, claiming that that Securities America sold
hundreds of millions of dollars worth of securities in the form
of notes for a medical receivables financing company.

That company, Medical Capital Holdings Inc., has been sued by the
U.S. Securities and Exchange Commission for investor fraud.

The SEC said that Med Cap, related entities and their principals
have raised more than $2.2 billion since 2003 through the
offering of notes. As of August 2008, five of those "special
purpose corporations" are in default or are late in paying nearly
$1 billion in principal and interest to investors.

In the lawsuit, Ms. Grossbard said that in spring 2008 she
invested, through Securities America, a total of $112,000 in one
of Med Cap's corporations.

Securities America, or SA, "recklessly" recommended the
investment without "undertaking any reasonable due diligence that
would have immediately revealed Med Cap's fraud," the lawsuit
states.

"SA did not care; instead, in favor of millions in commissions
and fees, SA turned a blind eye to the truth, which is that the
medical receivables company's accounting records and practices
strongly pointed towards the existence of a Ponzi scheme," the
lawsuit says.

Securities America is an Omaha, Neb.-based brokerage.  Ameriprise
Financial of Minneapolis is its parent.

Ms. Grossbard is represented by:

          Scott L. Adkins, Esq.
          Scott L. Silver, Esq.
          BLUM SILVER LAW FIRM
          12540 West Atlantic Blvd
          Coral Springs, FL 33071
          Telephone: (954) 255-8181
          Fax: (954) 255-8175

               - and -  

          Brian J. Brislen, Esq.
          Stacy L. Morris, Esq.
          LAMSON, DUGAN LAW FIRM
          10306 Regency Parkway Drive
          Omaha, NE 68114-3743
          Telephone: (402) 397-7300
          Fax: (402) 397-7824

               - and -  

          Jeffrey B Kaplan, Esq.
          Lorenz M. Pruss, Esq.
          David A. Rothstein, Esq.
          DIMOND KAPLAN LAW FIRM
          Offices at Grand Bay Plaza
          2665 South Bayshore Drive, PH-2B
          Miami, FL 33133
          Telephone: (305) 374-1920
          Fax: (305) 374-1961


TENARIS ALGOMA: Union Members, Owing $1.5 Mil., Eye Class Action
----------------------------------------------------------------
Bob Mihell at Sault Ste. Marie This Week reports that a tax
lawyer has advised the United Steelworkers local 9548 union
representing hourly workers at Tenaris Algoma Tubes that they
have grounds for a general class action suit as a result of a tax
filing error the union estimated could cost its members up $1.5
million.  Hourly employees at Tenaris were informed directly by
the Canada Revenue Agency in August that they would have to pay
back money received for the years 2006 and 2007 because of a T-4
accounting error.  Mr. Mihell's full report is available at:

     http://www.saultthisweek.com/ArticleDisplay.aspx?e=1975565


UCI HOLDCO: Bid to Junk Indirect Purchasers' Suit Still Pending
---------------------------------------------------------------
The motion to dismiss a consolidated putative class-action
complaint filed by indirect purchasers of aftermarket filters
against Champion Laboratories, Inc., is pending, according to UCI
Holdco, Inc.'s Aug. 14, 2009, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2009.

United Components, Inc. (UCI) and its wholly owned subsidiary,  
Champion Laboratories, Inc., were named as two of multiple  
defendants in 17 similar complaints originally filed in the  
District of Connecticut, the Northern District of California,  
the Northern District of Illinois and the Southern District of  
New York by plaintiffs who claim to be indirect purchasers of  
aftermarket filters.  Champion, but not UCI, was also named in 3  
similar actions originally filed in the Eastern District of  
Tennessee, the Northern District of Illinois and the Southern  
District of California.

These complaints allege conspiracy violations of Section 1 of  
the Sherman Act and/or violations of state antitrust, consumer  
protection and unfair competition law.  They are styled as  
putative class actions on behalf of all persons or entities who  
acquired indirectly aftermarket filters manufactured and/or  
distributed by one or more of the defendants, their agents or  
entities under their control, at any time between Jan. 1, 1999  
and the present.  The complaints seek damages, including  
statutory treble damages, an injunction against future  
violations, disgorgement of profits, costs and attorney's fees.

On Dec. 1, 2008, all of the indirect purchaser plaintiffs,  
except Gasoline and Automotive Service Dealers of America  
("GASDA"), filed a Consolidated Indirect Purchaser Complaint.  
This complaint names Champion as one of multiple defendants, but  
it does not name UCI.  The complaint is styled as a putative  
class action and alleges conspiracy violations of Section 1 of  
the Sherman Act and violations of state antitrust, consumer  
protection and unfair competition law.  The indirect purchaser  
plaintiffs seek damages, including statutory treble damages,  
penalties and punitive damages where available, an injunction  
against future violations, disgorgement of profits, costs and  
attorney's fees.

On Feb. 2, 2009, Champion and the other defendants jointly filed  
a motion to dismiss the Consolidated Indirect Purchaser  
Complaint.  On that same date, Champion, UCI and the other  
defendants jointly filed a motion to dismiss the GASDA  
complaint.

On April 13, 2009, GASDA voluntarily dismissed UCI from its case  
without prejudice.  

Pursuant to a stipulated agreement between the parties, all  
defendants produced limited initial discovery on Jan. 30, 2009.  
The Court has ordered that all further discovery shall be stayed  
until after it rules on the motions to dismiss.

Evansville, Ind.-based UCI Holdco, Inc. was incorporated on  
March 8, 2006 as a holding company for UCI Acquisition Holdings,  
Inc. and United Components, Inc., which operates in one business  
segment through its subsidiaries. United Components manufactures  
and distributes vehicle parts, primarily servicing the vehicle  
replacement parts market in North America and Europe.


UCI HOLDCO: Bid in "Perrault" Case Pending Quebec Court Ruling
--------------------------------------------------------------
A motion to have the matter styled "Jean-Paul Perrault v.
Champion Labs. et al.," proceed as a class action remains
pending, according to UCI Holdco, Inc.'s Aug. 14, 2009, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended June 30, 2009.  

Champion was named as one of five defendants in the class-action  
lawsuit filed in Quebec, Canada, on April 25, 2008.

This action alleges conspiracy violations under the Canadian  
Competition Act and violations of the obligation to act in good  
faith (contrary to art. 6 of the Civil Code of Quebec) related  
to the sale of aftermarket filters.

The plaintiff seeks joint and several liability against the five  
defendants in the amount of $5.0 million in compensatory damages  
and $1.0 million in punitive damages.

The plaintiff is seeking authorization to have the matter  
proceed as a class proceeding, which motion has not yet been  
ruled on.

Evansville, Ind.-based UCI Holdco, Inc. was incorporated on  
March 8, 2006 as a holding company for UCI Acquisition Holdings,  
Inc. and United Components, Inc., which operates in one business  
segment through its subsidiaries. United Components manufactures  
and distributes vehicle parts, primarily servicing the vehicle  
replacement parts market in North America and Europe.


UCI HOLDCO: "Peerali" Lawsuit v. Champion Labs Remain Pending
-------------------------------------------------------------
The class-action suit styled "Peerali v. Champion Laboratories,
Inc. et al., No. BC405424," remains pending, according to UCI
Holdco, Inc.'s Aug. 14, 2009, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2009.  

On Jan. 12, 2009, United Components, Inc.'s wholly owned  
subsidiary, Champion Laboratories, Inc., was named as one of ten  
defendants in an action filed in the Superior Court of  
California, for the County of Los Angeles on behalf of a  
purported class of direct and indirect purchasers of aftermarket  
filters.

On March 5, 2009, one of the defendants filed a notice of  
removal to the U.S. District Court for the Central District of  
California, and then subsequently requested that the Judicial  
Panel on Multidistrict Litigation ("JPML") transfer this case to  
the Northern District of Illinois for coordinated pre-trial
proceedings.

Evansville, Ind.-based UCI Holdco, Inc. was incorporated on  
March 8, 2006 as a holding company for UCI Acquisition Holdings,  
Inc. and United Components, Inc., which operates in one business  
segment through its subsidiaries. United Components manufactures  
and distributes vehicle parts, primarily servicing the vehicle  
replacement parts market in North America and Europe.


UCI HOLDCO: Motion in "Urlin" Suit Pending Ontario Court Ruling
---------------------------------------------------------------
A motion to have the matter styled "Urlin Rent A Car Ltd. v.
Champion Laboratories, Inc. et al," proceed as a class action
remains pending, according to UCI Holdco, Inc.'s Aug. 14, 2009,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2009.  

Champion was named as one of 14 defendants in a class-action  
lawsuit filed on May 21, 2008, in Ontario, Canada.

This action alleges civil conspiracy, intentional interference  
with economic interests, and conspiracy violations under the  
Canadian Competition Act related to the sale of aftermarket  
filters.

The plaintiff seeks joint and several liability against the 14  
defendants in the amount of $150 million in general damages and  
$15 million in punitive damages.

The plaintiff is also seeking authorization to have the matter  
proceed as a class proceeding, which motion has not yet been  
ruled on.

Evansville, Ind.-based UCI Holdco, Inc. was incorporated on  
March 8, 2006 as a holding company for UCI Acquisition Holdings,  
Inc. and United Components, Inc., which operates in one business  
segment through its subsidiaries. United Components manufactures  
and distributes vehicle parts, primarily servicing the vehicle  
replacement parts market in North America and Europe.


UCI HOLDCO: Unit Still Faces Direct Purchasers Consolidated Suit
----------------------------------------------------------------
Champion Laboratories, Inc. continues to face a consolidated
amended putative class-action complaint filed by direct
purchasers of aftermarket filters, according to UCI Holdco,
Inc.'s Aug. 14, 2009, Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarter ended June 30, 2009.  

As of April 21, 2009, United Components, Inc. (UCI) and its  
wholly owned subsidiary, Champion Laboratories, Inc., were named  
as two of multiple defendants in 23 complaints originally filed  
in the District of Connecticut, the District of New Jersey, the  
Middle District of Tennessee and the Northern District of  
Illinois alleging conspiracy violations of Section 1 of the  
Sherman Act, 15 U.S.C. Section 1, related to aftermarket oil,  
air, fuel and transmission filters.

All of these complaints are styled as putative class actions on  
behalf of all persons and entities that purchased aftermarket  
filters in the U.S. directly from the defendants, or any of  
their predecessors, parents, subsidiaries or affiliates, at any  
time during the period from Jan. 1, 1999 to the present.  Each  
case seeks damages, including statutory treble damages, an  
injunction against future violations, costs and attorney's fees.

On Aug. 18, 2008, the Judicial Panel on Multidistrict Litigation   
issued an order transferring the U.S. direct and indirect
purchaser aftermarket filters cases to the Northern District of
Illinois for coordinated and consolidated pretrial proceedings
before the Honorable Robert W. Gettleman pursuant to 28 U.S.C.
Section 1407.

On Nov. 26, 2008, all of the direct purchaser plaintiffs filed a  
Consolidated Amended Complaint.  This complaint names Champion  
as one of multiple defendants, but it does not name UCI.  The  
complaint is styled as a putative class action and alleges  
conspiracy violations of Section 1 of the Sherman Act.  The  
direct purchaser plaintiffs seek damages, including statutory  
treble damages, an injunction against future violations, costs  
and attorney's fees.  On Feb. 2, 2009, Champion filed its answer  
to the direct purchasers' Consolidated Amended Complaint.

Evansville, Ind.-based UCI Holdco, Inc. was incorporated on  
March 8, 2006 as a holding company for UCI Acquisition Holdings,  
Inc. and United Components, Inc., which operates in one business  
segment through its subsidiaries. United Components manufactures  
and distributes vehicle parts, primarily servicing the vehicle  
replacement parts market in North America and Europe.


UNDERSEA SYSTEMS: Recalls 900 Guardian Full-Face Masks
------------------------------------------------------
The U.S. Consumer Product Safety Commission and Health Canada, in
cooperation with Undersea Systems International Inc., dba Ocean
Technology Systems, of Santa Ana, Calif., announced a voluntary
recall about 900 Guardian Full-Face Masks.  Consumers should stop
using recalled products immediately unless otherwise instructed.

If significant pressure is applied vertically to the top and
bottom of the visor clamp, the clear plastic visor may dislodge
causing the mask to flood.

Ocean Technology Systems has received three reports of visors
dislodging.  No injuries have been reported.

This recall involves the Guardian full-face mask which is a scuba
diving mask that incorporates the second stage regulator into the
mask allowing it to cover the diver's full face.

The masks were sold by direct sales and diving equipment
retailers nationwide from March 2009 through August 2009 for
$800, and were manufactured in the United States.  

Consumers should immediately stop using the diving masks and
contact Ocean Technology Systems to receive a free repair. Ocean
Technology Systems is providing consumers stainless steel clamps
to secure the plastic visor.  For additional information, contact
Ocean Technology Systems toll-free at (877) 270-1984 anytime, or
visit the firm's Web site at http://www.otscomm.com/

Consumers also can email the firm at OTSrecall@otscomm.com

Health Canada's press release is at http://is.gd/41laP

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

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10006.html


VIVENDI: Trial Begins in S.D.N.Y. Shareholder Fraud Suit
--------------------------------------------------------
Matthew Saltmarsh at The New York Times reports that jury
selection began Monday in In re Vivendi Universal, S.A.,
Securities Litigation, Case No. 02-cv-5571 (S.D.N.Y.) (Holwell,
J.) -- a class-action lawsuit brought by international investors
accusing the French conglomerate Vivendi and two of its former
top executives of making false and misleading statements about
its financial position -- and Larry Neumeister at The Associated
Press reports that the jury heard opening arguments yesterday.  

Andrew Longstreth at The Am Law Litigation Daily relates the
substance of the parties' opening arguments, relying on reporting
by Chad Braw at Dow Jones Newswires:

     Arthur N. Abbey, Esq., of Abbey, Spanier, Rodd & Abrams, an
     attorney for the investors, told the jury that Vivendi and
     two former executives were not straight about the company's
     financial condition following an acquisition binge it went
     on earlier this decade.  According to Dow Jones, Abbey
     focused in part on purchase accounting -- which he called
     "accounting magic" -- that Vivendi used after a three-way
     merger between Vivendi, Seagram, and Canal+ in 2000.

     "What they said to the public was anything but the truth,"
     said Abbey.

     Paul C. Saunders, Esq., of Cravath, Swaine & Moore, who gave
     the opening argument for Vivendi, countered that the company
     was required to use purchase accounting and that investors
     knew all about the company's true financial condition, Dow
     Jones reported.  "We are here to regain our good name,"
     Saunders said.  "We will prove to you that the allegations
     made by Mr. Abbey about Vivendi this morning are simply not
     true."

The case, being tried in New York, Mr. Saltmarsh says, could win
shareholders compensation for the decline in the value of their
holdings after the dot-com boom or help lift the cloud of
litigation that has dogged Vivendi since its aggressive expansion
at the start of the decade.

But it will not end the company's legal troubles, Mr. Saltmarsh
relates.  Colette Neuville, president of a French minority
shareholders' group, l'Association de defense des actionnaires
minoritaires, tells Mr. Saltmarsh shareholders will file a civil
suit against Vivendi in France after the U.S. case is settled.

Vivendi and two other defendants -- Jean-Marie Messier
(pronounced zhan mah-REE' MEH'-see-ay, according to The AP), the
former chief executive and chairman who was forced to resign in
July 2002, and Guillaume Hannezo (pronounced gee-OHM' ha-NEE'-
zoh, according to The AP), a former finance chief who resigned
soon after -- are accused of violating federal securities laws in
statements they made from October 2000 to August 2002, according
to the plaintiffs' complaint.

Vivendi made a series of acquisitions during the dot-com boom and
was transformed by Mr. Messier from a French water utility into
one of the world's largest media and entertainment companies, Mr.
Saltmarsh relates, but Vivendi's share price collapsed in 2002 as
market conditions turned against the company and after its
ratings were downgraded by agencies concerned about its ability
to reduce debt and off-balance-sheet obligations.

"Vivendi's operations and financial condition were dramatically
weaker than what their public statements portrayed," the
plaintiffs said in the filing.  As a result, they added, the
company bid "aggressively for several large companies, with the
result that Vivendi substantially overpaid for them."

In August 2002, Vivendi posted a first-half loss of about $12
billion and said it would have to sell assets to trim debt. On
Monday in Paris, Vivendi shares closed at EUR21, or $30.76, up 49
euro cents, or 2.4 percent. They peaked in March 2000 above
EUR140.

"We are confident, and we have a strong case," Antoine Lefort, a
spokesman for Vivendi in Paris told Mr. Saltmarsh.  He declined
to elaborate except to say that figures circulating in the French
news media about the size of possible damages were "without any
foundation."

A lawyer for French shareholders in a parallel case in France,
Frederik-Karel Canoy, has been quoted as saying that theoretical
damages and interest could reach $50 billion.

Mr. Messier's lawyer:

          Michael J. Malone, Esq.
          KING & SPALDING LLP
          1185 Avenue of the Americas
          New York, NY 10036-4003
          Telephone: (212) 556-2186

did not reply to Mr. Saltmarsh requests for comment.

The case will be heard by Judge Richard J. Holwell in U.S.
district court in New York.  In 2007, he ruled that investors in
France, England and the Netherlands -- but not Germany and
Austria -- were eligible to participate in the U.S. shareholder
class-action suit.

In 2006, Vivendi delisted its American Depositary Receipts from
the New York Stock Exchange, citing their lack of liquidity.

The plaintiffs' court filing cites alleged irregularities that
emerged before and after Vivendi's $46 billion three-way merger
in October 2000 with Seagram, the parent of Universal Studios and
Universal Music, and Canal Plus, one of the largest cable and
satellite television operators in Europe.

In the period leading up to this, plaintiffs charge, Vivendi
reported strong earnings and revenue and portrayed itself as
generating sufficient cash to satisfy obligations on about $21
billion in debt that it amassed through acquisitions "even though
other media and communications companies in the United States and
Europe were suffering through a period of retrenchment and
contraction."

Andrew Longstreth at The Am Law Litigation Daily reports that the
litigation equivalent of Halley's comet is about to streak into
view in Manhattan federal district court.  "Yes, folks," Mr.
Longstreth writes, "when trial in the shareholder suit against
Vivendi and two of its former executives begins this week before
Judge Richard Holwell, it may be your once-in-a-lifetime chance
to witness a so-called f-cubed securities class action trial,
involving foreign investors who bought shares of foreign
companies on foreign exchanges."

Vivendi is represented by:

          Paul C. Saunders, Esq.
          CRAVATH, SWAINE & MOORE
          Worldwide Plaza
          825 Eighth Avenue
          New York, NY 10019-7475
          Tel: (212) 474-1000

               - and -  

          James W. Quinn, Esq.
          WEIL, GOTSHAL & MANGES LLP
          767 Fifth Avenue
          New York, NY 10153
          Telephone: (212) 310-8000

The Plaintiffs are represented by:

          Arthur N. Abbey, Esq.
          ABBEY SPANIER RODD & ABRAMS LLP
          212 East 39th Street
          New York, NY 10016
          Telephone: (212) 889-3700

After denying the defendants' motion to dismiss, Judge Holwell
made the rare decision to certify a class that included investors
from France, England, and the Netherlands as well as the U.S.
Earlier this year, he denied a motion for reconsideration of his
class certification ruling by the defendants, who argued that
French courts would not recognize a U.S. judgment against
Vivendi.

Mr. Longstreth says the Vivendi case is being watched closely by
the plaintiffs' bar, which would like to see more foreign
investors file securities suits in U.S. courts.  "It has the
potential to send a very strong message that U.S. courts will not
tolerate and will appropriately punish foreign companies who use
the U.S. as a basis for engaging in fraudulent activity," William
Fredericks, Esq., of Bernstein Litowitz Berger & Grossmann, who
is involved in a similar case against Alstom, told Mr. Saltmarsh.


WHITE TIGER: Recalls 84,000 Folding Directors Chairs
----------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
White Tiger Traders Co. Ltd, of Taiwan, announced a voluntary
recall of about 84,000 Folding Directors Chairs imported by L G
Sourcing Inc., of North Wilkesboro, N.C.  Consumers should stop
using recalled products immediately unless otherwise instructed.


The chair back supports can break, posing a fall hazard to
consumers.  Lowe's and White Tiger have received 10 reports of
chairs breaking.  No injuries have been reported.

This recall conducted by White Tiger involves red and blue
folding director's chairs with white frames.  "Garden Treasures"
is printed on the chair's packaging.

The chairs were sold exclusively at Lowe's stores nationwide from
June 2009 through July 2009 for about $40.  The chairs were
manufactured in Indonesia.

Remedy: Consumers should immediately stop using the recalled
chairs and return them to any Lowe's store for a full refund.  
For additional information, contact White Tiger at (877) 251-5558
between 8 a.m. and 4 p.m. PT, or visit http://www.lowes.com/

To see this recall on CPSC's web site, including pictures of the
recalled products, go to:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10003.html


                    New Securities Fraud Cases

DIREXION SHARES: Fraud Suit Against Financial Bear 3X Shares Fund
-----------------------------------------------------------------
A class action lawsuit against Direxion shares ETF Trust and
certain individuals associated with the Company was commenced in
the United States District Court for the Southern District of New
York on behalf of all persons or entities who purchased or
otherwise acquired shares in the Financial Bear 3X Shares Fund
(NYSE:FAZ) Arca offered by Direxion pursuant or traceable to
Direxion's allegedly materially false or misleading Registration
Statement issued in connection with the FAZ Fund's shares during
the period November 3, 2008 through April 9, 2009.

The complaint charges Direxion and certain of its executive
officers with violations of the Securities Act of 1933. The
complaint alleges that defendants misrepresented or omitted
information regarding, among other things, true risks of the
Company's highly leveraged ETF products for those investors in
the FAZ Fund for more than a day.

This action seeks to recover damages on behalf of investors who
purchased Direxion securities. Plaintiff is represented by Weiss
& Lurie, a law firm possessing significant experience and
expertise in prosecuting class actions on behalf of shareholders
in federal and state courts throughout the United States. Weiss &
Lurie has been responsible for collectively recovering more than
a billion dollars on behalf of class members and is one of the
nation's leading firms representing shareholders in securities
class actions.

If you purchased or otherwise acquired shares in the FAZ Fund,
you may move the court no later than November 17, 2009, to serve
as a lead plaintiff of the class. In order to serve as a lead
plaintiff, you must meet certain legal requirements. You do not
need to seek appointment as a lead plaintiff in order to share in
any recovery.

If you want to obtain a copy of the complaint or want more
information about Weiss & Lurie or this action, or if you want to
obtain a Certification form to serve as a lead plaintiff, please
visit http://www.weisslurie.com/

If you wish to receive an investor package or if you wish to
discuss this action, have any questions concerning this notice or
your rights or interests with respect to this matter, or if you
have any information you wish to provide to us, please contact:

          Joseph H. Weiss, Esq.
          Mary A. Nastasi, Esq.
          WEISS & LURIE
          The French Building
          551 Fifth Avenue, Suite 1600
          New York, NY 10176
          Telephone: (212) 682-3025
          E-mail: infony@weisslurie.com


                            *********

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

Class Action Reporter is a daily newsletter, co-published by
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Copyright 2009.  All rights reserved.  ISSN 1525-2272.

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