CAR_Public/091026.mbx             C L A S S   A C T I O N   R E P O R T E R

            Monday, October 26, 2009, Vol. 11, No. 211
  
                            Headlines

BAYER CORP: Lieff Cabraser Files Yaz Birth Control Suit in N.J.
BAYER CORP: Mike Danko & Girard Gibbs File Yaz Suit in Calif.
KINDER MORGAN: Court Schedules New Trial in "Heimann" Suit
LIZ CLAIBORNE: Continues to Defend "Tyler" Securities Lawsuit
MATRIXX INITIATIVES: Continues to Defend "Shapiro" Suit in Ariz.

MATRIXX INITIATIVES: Appeal Still Pending on Consolidated Suit
PLAINS CAPITAL: FSH Continues to Face Amended Civil Complaint
STERLING CHEMICALS: Continues to Defended vs. Ex-Employees Suit
SYSTEMAX INC: To Request Summary Judgment in "Vukson" Lawsuit
TC GLOBAL: Continues to Defend Calif. Hourly Employees' Suit

TORREYPINES THERAPEUTICS: Plaintiff's Appeal Still Pending

                            *********

BAYER CORP: Lieff Cabraser Files Yaz Birth Control Suit in N.J.
---------------------------------------------------------------
Kent L. Klaudt, Esq., of the national plaintiffs' law firm Lieff
Cabraser Heimann & Bernstein, LLP, filed a personal injury
lawsuit last week on behalf of Candice Atkinson against Bayer
Corporation and Bayer Healthcare Pharmaceuticals, Inc., for
severe side effects from the prescription birth control drug Yaz,
manufactured and marketed by Bayer.  The complaint was filed in
the Superior Court of New Jersey, where Bayer Healthcare
Pharmaceuticals, Inc., is located.  

Ms. Atkinson, age 33 of Rock Hill, South Carolina, charges that
Yaz is a dangerous prescription drug sold without adequate
warnings about the risk of serious injuries.  Ms. Atkinson
further alleges that Bayer improperly advertised and over-
promoted Yaz for uses such as treating acne, knowing that the
risks of such use outweighed any benefits Yaz may have for acne
sufferers.

"Bayer promoted Yaz with the slogan 'the difference a little
chemistry can make,'" added Ms. Atkinson.  "What Bayer did not
disclose was how negative that difference can be.  Yaz gave me
life-threatening injuries that have forever altered my life."

"My dermatologist prescribed me Yaz in March 2008 to treat my
acne," stated Ms. Atkinson.  "At the time, I was unaware that Yaz
had not been approved by the FDA to treat skin conditions for
women who were not already using it as birth control, even though
Bayer advertised it for preventing or reducing acne."

"Several months later, I developed sharp pains in my left
shoulder and had difficulty breathing," Ms. Atkinson continued.  
"I went to my doctor for an examination.  Testing revealed
multiple blood clots in both lungs.  I was hospitalized
immediately.  Fortunately, the treatments eliminated the blood
clots, but only one month later I was diagnosed with gallstones.  
I then had to undergo gall bladder surgery in January 2009.  I
have suffered months of anxiety and nausea related to these
medical procedures and drugs given to treat the adverse side
effects I developed from taking Yaz."

The complaint charges that Ms. Atkinson would never have
developed blood clots, been hospitalized, or forced to undergo
numerous medical tests, procedures, and gall bladder surgery if
Bayer had properly warned patients of the dangers of using Yaz
solely as acne medication.  The complaint alleges that Mrs.
Atkinson never used Yaz for birth control.  Instead, as a result
of Bayer's misleading advertisements to doctors and consumers,
her dermatologist gave her Yaz solely for her acne.

"The FDA's adverse event database for Yaz and Yasmin reveal a
very high number of serious adverse events associated with these
drugs, including strokes, heart attacks, blood clot formation,
gallbladder and kidney disease, and sometimes death," commented
Mr. Klaudt.  "Bayer failed to warn doctors and consumers that Yaz
and Yasmin are actually more dangerous than previous generations
of oral contraception pills."

                   Legal Resources for Patients
            Injured By Yaz and Yasmin Birth Control Drugs

The law in most states provides several personal injury claims
for persons who have been seriously injured by a medical device
or prescription drug with dangerous, undisclosed side effects.  
If you or a family member have suffered a serious injury or a
loved one died after being prescribed Yasmin or Yaz, please visit
http://www.personalinjurylawyeramerica.com/medical/yasmin-yaz.htm
to learn more about your legal rights and submit a complaint.  
Personal injury lawyers at Lieff Cabraser will promptly review
each case submitted without charge or obligation.

Ms. Atkinson's lawyer is:

          Kent L. Klaudt, Esq.
          Lieff Cabraser Heimann & Bernstein, LLP
          Embarcadero Center West
          275 Battery Street, Suite 3000
          San Francisco, CA 94111-3339
          Telephone: (415) 956-1000


BAYER CORP: Mike Danko & Girard Gibbs File Yaz Suit in Calif.
-------------------------------------------------------------
Law.com reports that Kate Moser at The Recorder reports that a
Newark, Calif., woman and her husband sued drugmaker Bayer in
federal court in San Francisco last week, saying she suffered a
debilitating stroke after taking the company's popular birth
control pill Yaz for a month.

Her lawyer, Michael Danko, Esq., says he and co-counsel firm
Girard Gibbs filed a similar suit last week and are preparing to
file more.  Hundreds of such suits filed around the country by
Danko and other lawyers in the past month or so are just "the tip
of the iceberg," triggered by the publication of two recent
studies published in the BMJ, a British medical journal, added
Danko, of The Danko Law Firm in San Mateo, Calif.

Susan Galinis, 39, had a stroke in June 2008, which she and her
husband blame on Yaz that she took for a month after her doctor
prescribed it to ease her premenstrual cramps.  Their complaint,
a copy of which is available at:

     http://pdfserver.amlaw.com/ca/bayer1019.pdf

argues that the drug company aggressively promoted Yaz and misled
customers about the risks associated with a new version of
drospirenone, a synthetic form of the hormone progestin that Yaz
and the older drug Yasmin use.

"Bayer reaffirms and stands behind the safety of its
drospirenone-containing oral contraceptives," a spokeswoman for
Bayer HealthCare said in an e-mailed statement Monday, adding
that the complaints the company has reviewed so far "pertain to
side effects that are warned about in our approved product
labeling."

Bayer had been served with 129 lawsuits related to Yaz and Yasmin
as of Oct. 8, the spokeswoman said. The two drugs are the
company's best-selling pharmaceutical products, according to
Bayer's most recent annual report. Total sales of the Yaz and
Yasmin drugs were about $1.8 billion in 2008, the report said.

Mr. Danko said it appears that suits filed in state courts are
largely being removed the same day and sent to federal court in
the Southern District of Illinois, after Bayer files removal
petitions. "The plaintiffs are certainly satisfied with the
federal court system," he said.

Other plaintiffs are suing San Francisco-based McKesson Corp.,
the distributor of the drugs, in state court, Mr. Danko said.

Mr. Danko plans to seek a leadership position, along with Girard
Gibbs, in the multidistrict litigation.

"There are no benefits to this drug, and there are greater
risks," Mr. Danko said.  "The reason they're using a synthetic
hormone is because they can patent it."

Some plaintiffs attorneys are waiting for the results of other
studies before filing what Mr. Danko expects will be thousands of
suits, he said, so it's difficult to tell who has the cases and
where they're being filed.

"I feel we know what the studies are going to say," Mr. Danko
added. "The studies that we have now are certainly sufficient to
proceed with litigation."

The Plaintiffs in Galinis, et ux. v. Bayer Corporation, et al.,
Case No. 09-cv-_____ (N.D. Calif.), are represented by:

          Daniel C. Girard, Esq.
          A.J. De Bartolomeo, Esq.
          Dylan Hughes, Esq.
          GIRARD GIBBS LLP
          601 California Street, 14th Floor
          San Francisco, CA 94108
          Telephone: (415) 981-4800

               - and -  

          Michael S. Danko, Esq.
          Kristine K. Meredith, Esq.
          THE DANKO LAW FIRM
          247 N. San Mateo Drive
          San Mateo, CA 94401
          Telephone: (650) 342-6100


KINDER MORGAN: Court Schedules New Trial in "Heimann" Suit
----------------------------------------------------------
The Eight Judicial District Court, Union County New Mexico
scheduled a new trial, to occur beginning on Oct. 19, 2009, in a
class action against Kinder Morgan CO2 Co., captioned, "J. Casper
Heimann, Pecos Slope Royalty Trust and Rio Petro LTD,
individually and on behalf of all other private royalty and
overriding royalty owners in the Bravo Dome Carbon Dioxide Unit,
New Mexico similarly situated v. Kinder Morgan CO2 Company, L.P.,
Case No. 04-26-CL.

The purported class action against Kinder Morgan CO2 alleges that
it failed to pay the full royalty and overriding royalty on the
true and proper settlement value of compressed carbon dioxide
produced from the Bravo Dome Unit during the period beginning
Jan. 1, 2000.

The complaint purports to assert claims for violation of the New
Mexico Unfair Practices Act, constructive fraud, breach of
contract and of the covenant of good faith and fair dealing,
breach of the implied covenant to market, and claims for an
accounting, unjust enrichment, and injunctive relief.  The
purported class is comprised of current and former owners, during
the period January 2000 to the present, who have private property
royalty interests burdening the oil and gas leases held by the
defendant, excluding the Commissioner of Public Lands, the United
States of America, and those private royalty interests that are
not unitized as part of the Bravo Dome Unit.

The case was tried to a jury in the trial court in September
2008.  The plaintiffs sought $6.8 million in actual damages as
well as punitive damages.  The jury returned a verdict finding
that Kinder Morgan CO2 did not breach the settlement agreement
and did not breach the claimed duty to market carbon dioxide.

The jury also found that Kinder Morgan CO2 breached a duty of
good faith and fair dealing and found compensatory damages of
$300,000 and punitive damages of $1.2 million.

On Oct. 16, 2008, the trial court entered judgment on the
verdict.

On Jan. 6, 2009, the district court entered orders vacating the
judgment and granting a new trial in the case.  Kinder Morgan CO2
filed a petition with the New Mexico Supreme Court, asking that
court to authorize an immediate appeal of the new trial orders.

In a 2-to-1 decision, the New Mexico Supreme Court denied Kinder
Morgan CO2's petition for immediate review of the new trial
orders.

The district court has scheduled a new trial to occur beginning
on Oct. 19, 2009, according to the company's Aug. 11, 2009, Form
10-Q filed with the U.S. Securities and Exchange Commission for
the quarter ended June 30, 2009.

Kinder Morgan Management, LLC -- http://www.kindermorgan.com/--
is a limited partner in Kinder Morgan Energy Partners, L.P., and
manages and controls its business and affairs pursuant to a
delegation of control agreement.  As of Dec. 31, 2007, the
Company owned approximately 29.2% of Kinder Morgan Energy
Partners, L.P.'s limited partner interests.  Kinder Morgan
Energy Partners, L.P. is the owner and operator of an
independent refined petroleum products pipeline system in the
U.S.  The Company's voting shares are owned by Kinder Morgan,
G.P., Inc., of which Knight Inc. owns all the outstanding common
equity.  Kinder Morgan G.P., Inc. is the general partner of
Kinder Morgan Energy Partners, L.P. Kinder Morgan, Inc., is an
energy transportation and storage company in North America,
operating, either for itself or on behalf of Kinder Morgan
Energy Partners, L.P.  On April 30, 2007, the Company acquired
the Trans Mountain pipeline system from Knight Inc.


LIZ CLAIBORNE: Continues to Defend "Tyler" Securities Lawsuit
-------------------------------------------------------------
Liz Claiborne, Inc. continues to defend a purported class action
complaint for alleged violations of the federal securities laws,
according to its Aug. 12, 2009, Form 10-Q filed with the U.S.
Securities and Exchange Commission for the quarter ended July 4,
2009.

The complaint captioned Angela Tyler (individually and on behalf
of all others similarly situated) v. Liz Claiborne, Inc, Trudy
F. Sullivan and William L. McComb, was filed in the U.S.
District Court in the Southern District of New York on April 28,
2009, against the company, its Chief Executive Officer, William
L. McComb and Trudy Sullivan, a former President of the company.

The complaint alleges certain violations of the federal
securities laws, claiming statements and omissions surrounding
the company's wholesale business.

Liz Claiborne, Inc. -- http://www.lizclaiborne.com/-- designs
and markets a global portfolio of retail-based brands.  Liz
Claiborne, Inc. is located in New York and had a total revenue
in 2007 of $4.441billion and in 2008 of $3.984billion.  Shares
of Liz Claiborne (LIZ) traded recently at $3.88 per share, down
from $22.71 per share in 2008 and $46.15 per share in 2007.


MATRIXX INITIATIVES: Continues to Defend "Shapiro" Suit in Ariz.
----------------------------------------------------------------
Matrixx Initiatives, Inc. intends to defend a putative class
action, Shapiro et al. vs. Matrixx Initiatives, Inc. et al.

The suit was filed on July 17, 2009 with the United States
District Court for the District of Arizona (Case No. 2:09-cv-
01479-ECV) against the company; William J. Hemelt, its Acting
President, Chief Operating Officer, and Chief Financial Officer;
Samuel C. Cowley, its Vice President of Business Development,
General Counsel and Secretary; Timothy L. Clarot, its Vice
President of Research & Development; and Carl J. Johnson, its
former President and Chief Executive Officer, alleging violations
of federal securities laws.

The lawsuit alleges that the company and the named officers
failed to disclose to the Food and Drug Administration and to the
public information about adverse events regarding the Zicam Cold
Remedy nasal gel products and that the company and such officers
made false and misleading statements regarding the Company's
compliance with FDA regulations.  The company believes these
allegations are without merit and intends to vigorously defend
the lawsuit, according to its Aug. 10, 2009, Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarter
ended June 30, 2009.

Matrixx Initiatives, Inc. -- http://www.matrixxinc.com/--  
develops, produces, markets and sells over-the-counter (OTC)
healthcare products with an emphasis on those that utilize
delivery systems that provide consumers with Better Ways to Get
Better.  Through its subsidiary, Zicam, LLC, the company markets
and sells products under the Zicam brand.  The company's product
offerings consist of four product classes within the cough and
cold category: Cold Remedy; Allergy/Sinus; Cough and Multi-
Symptom relief, and other cough/cold.  In addition, the
companyhad sold products under the Nasal Comfort and Xcid brand
names.  Its Zicam products are marketed in the cough and cold
market category. During the fiscal year ended March 31, 2009
(fiscal 2009), the company's top 15 customers accounted for more
than 80% of its net sales and three customers each accounted for
more than 10% of the Company's net sales.  In May 2008, the
company formed Zicam Canada, Inc. to commercialize sales of Zicam
products in Canada.


MATRIXX INITIATIVES: Appeal Still Pending on Consolidated Suit
--------------------------------------------------------------
A consolidated class action lawsuit against Matrixx Initiatives,
Inc., remains on appeal before the U.S. District Court of Appeals
for the Ninth Circuit, according to the company's Aug. 10, 2009,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2009.  

Two class action lawsuits were filed in April and May 2004
against the company, its previous President and Chief Executive
Officer, Carl J. Johnson, and William J. Hemelt its Acting
President, Chief Operating Officer, and Chief Financial Officer,
alleging violations of federal securities laws.

On Jan. 18, 2005, the cases were consolidated and the court
appointed James V. Sircusano as lead plaintiff.  The amended
complaint also includes the company's Vice President of Research
and Development, Timothy L. Clarot, as a defendant and was filed
March 4, 2005.

The consolidated case is Sircusano, et al. vs. Matrixx
Initiatives, Inc., et al., in the United States District Court,
District of Arizona, Case No. CV04-0886 PHX DKD.

Among other things, the lawsuit alleges that between October 2003
and February 2004, the company made materially false and
misleading statements regarding its Zicam Cold Remedy products,
including failing to adequately disclose to the public the
details of allegations that its products caused damage to the
sense of smell and of certain of the product liability lawsuits.

The company filed a motion to dismiss this lawsuit and, on March
8, 2006, the company received an Order dated December 15, 2005
granting the motion to dismiss the case, without prejudice.

On April 3, 2006, the plaintiff appealed the Order to the United
States District Court of Appeals, Ninth Circuit, Case No. 2:04-
CV-886, and the parties made oral arguments to the Ninth Circuit
Court on June 9, 2009.

Matrixx Initiatives, Inc. -- http://www.matrixxinc.com/--  
develops, produces, markets and sells over-the-counter (OTC)
healthcare products with an emphasis on those that utilize
delivery systems that provide consumers with Better Ways to Get
Better.  Through its subsidiary, Zicam, LLC, the company markets
and sells products under the Zicam brand.  The company's product
offerings consist of four product classes within the cough and
cold category: Cold Remedy; Allergy/Sinus; Cough and Multi-
Symptom relief, and other cough/cold.  In addition, the
companyhad sold products under the Nasal Comfort and Xcid brand
names.  Its Zicam products are marketed in the cough and cold
market category. During the fiscal year ended March 31, 2009
(fiscal 2009), the company's top 15 customers accounted for more
than 80% of its net sales and three customers each accounted for
more than 10% of the Company's net sales.  In May 2008, the
company formed Zicam Canada, Inc. to commercialize sales of Zicam
products in Canada.


PLAINS CAPITAL: FSH Continues to Face Amended Civil Complaint
-------------------------------------------------------------
First Southwest Holdings, LLC (FSH) continues to face a second
amended class action complaint in a federal court in New York,
according to Plains Capital Corporation's Aug. 12, 2009, Form
10-Q filing with the U.S. Securities and Exchange Commission, for
the quarter ended June 30, 2009.

Plains Capital owns 100% of the outstanding stock of
PlainsCapital Bank (PCB), who has a 100% interest in First
Southwest Holdings, LLC (FSH). One of the principal subsidiaries
of FSH is First Southwest Company (FSC).

As a result of the SEC and Department of Justice investigations
into industry-wide practices, FSC was named as a co-defendant in
a series of civil lawsuits filed during 2008 in several
different federal courts by various state and local governmental
entities suing on behalf of themselves and a purported class of
similarly situated governmental entities.

A similar set of lawsuits were filed in California state courts
by various local governmental entities.  The California suits
were removed to federal court, and all of the cases have been
consolidated in federal court in New York.

On April 29, 2009, the judge in the consolidated cases dismissed
all claims asserted against FSC and nearly all other defendants
from the lawsuit.

The court granted plaintiffs until June 18, 2009, to re-plead
the case to cite specific instances of alleged anti-competitive
behavior by specific individuals at specific defendants.

On June 18, 2009, the plaintiffs filed a second amended class
action complaint.  While FSC is not named as a defendant in this
second amended complaint, it is identified as an alleged co-
conspirator with the named defendants.

Plains Capital Corporation is a Dallas-based financial holding
company registered under the Gramm-Leach-Bliley Act of 1999 and
a bank holding company registered under the Bank Holding Company
Act of 1956.  Its wholly-owned bank subsidiary, PlainsCapital
Bank,  provides business and consumer banking services from
offices located throughout central, north and west Texas.  In
addition to the Bank, the company has various other subsidiaries
with specialized areas of expertise that allow it to provide a
wide array of financial products and services.  Through these
other subsidiaries, the company offers financial products and
services such as mortgage origination, financial advisory,
public finance, investment banking, asset management and capital
equipment leasing.


STERLING CHEMICALS: Continues to Defended vs. Ex-Employees Suit
---------------------------------------------------------------
Sterling Chemicals, Inc. continues to defend a purported class-
action filed with the U.S. District Court for the Southern
District of Texas, according to the company's Aug. 11, 2009, Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended June 30, 2009.

On Feb. 21, 2007 the company received a summons naming it,
several benefit plans and the plan administrators for those plans
as defendants in a class action, Evans et al. v. Sterling
Chemicals, et al., Case No. H-07-0625.

The plaintiffs are seeking to represent a proposed class of
retired employees of Sterling Fibers, Inc., one of its former
subsidiaries that the company sold in connection with its
emergence from bankruptcy in 2002.

The plaintiffs are alleging that the company was not permitted to
increase their premiums for retiree medical insurance based on a
provision contained in the asset purchase agreement between the
company and Cytec Industries Inc. and certain of its affiliates
governing the purchase of its former acrylic fibers business in
1997.

During its bankruptcy case, the company specifically rejected
this asset purchase agreement and the bankruptcy court approved
that rejection.  The plaintiffs are claiming that the company
violated the terms of the benefit plans and breached fiduciary
duties governed by the Employee Retirement Income Security Act
and are seeking damages, declaratory relief, punitive damages and
attorneys' fees.
Trial for this matter was scheduled for September 2009.

The suit is Evans et al. v. Sterling Chemicals, et al., Case No.
H-07-0625 (S.D. Tex.) (Hoyt, J.)

Representing the plaintiffs is:

          Ronald Martin Weber, Jr., Esq.
          Davis & Davis, 1301 McKinney, Ste. 3500
          Houston, TX 77010
          Phone: 713-781-5200
          Fax: 713-781-2235
          E-mail: mweber@davis-davislaw.com    


SYSTEMAX INC: To Request Summary Judgment in "Vukson" Lawsuit
-------------------------------------------------------------
Systemax Inc. intends to file a motion for summary judgment
against the complaint filed by Kevin Vukson, according to its
Aug. 12, 2009, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2009.

On Oct. 18, 2007, Mr. Vukson filed a class action complaint in
the U.S. District Court against TigerDirect, Inc., OnRebate.com
Inc. and the company on behalf of himself and all OnRebate
customers whose rebates were denied or delayed.  OnRebate.com
Inc. is a rebate processing company owned by Systemax.

Mr. Vukson's complaint, as amended, alleges that since 2004
Systemax, TigerDirect and OnRebate engaged in a conspiracy to
engage in deceptive and unfair rebate practices.  Mr. Vukson
alleged counts for violation of state consumer protection
statutes, conspiracy, and unfair rebate practices.

In February 2009 the Court dismissed Mr. Vukson's complaint with
leave to amend but ordered that any amended complaint not include
a request for punitive damages.  Mr. Vukson then filed an amended
complaint with no request for punitive damages, as ordered by the
Court.

In June 2009 the Court dismissed three of Vukson's four remaining
claims with prejudice including claims under the Florida
Deceptive and Unfair Trade Practice's Act.

Mr. Vukson, who is a resident of Texas, is now seeking to amend
the complaint to allege violations under the Texas consumer
protection act which would effectively reduce the representative
class from a nationwide class of TigerDirect rebate applicants to
only those TigerDirect rebate applicants residing in Texas.

Systemax Inc. -- http://www.systemax.com/-- is a direct marketer  
of brand name and private-label products.  The company's
operations are organized in three business segments: Technology
Products, Industrial Products and Hosted Software.  Technology
Products segment sells computers, computer supplies and consumer
electronics, which are marketed in North America and Western
Europe. Except for certain personal computer products that the
company assembles themselves and sells under the trademarks
Systemax and Ultra, substantially all of its products are
manufactured by other companies.  The company also sells certain
computer-related products manufactured for them to its own design
under the trademarks Global, GlobalIndustrial.com and Nexel.  
Industrial products accounted for 8% of the company's net sales
during the year ended December 31, 2008.
On Jan. 10, 2008, the company acquired CompUSA's e-commerce
business and 16 of its retail leases and related fixtures


TC GLOBAL: Continues to Defend Calif. Hourly Employees' Suit
------------------------------------------------------------
TC Global, Inc., continues to defend a lawsuit filed against
Tully's Coffee in California state court by a former store
employee alleging that Tully's failed to provide meal and rest
periods for its employees, according to the company's
Aug. 12, 2009, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 28, 2009.

The suit was filed in December 2007 and the company anticipates
that the plaintiff will seek class action certification on behalf
of all hourly employees in Tully's California stores.

The plaintiff is seeking damages, restitution, injunctive relief,
and attorneys' fees and costs.  Similar lawsuits alleging missed
meal and rest periods have been filed in California against many
other companies.

The company is investigating the claims and intend to vigorously
defend this litigation, but cannot predict the financial impact
to us of the litigation at this time.  The company believes that
Tully's has complied with all laws that require providing meal
and rest periods for its employees.  The company has accrued
$369,000 as of June 28, 2009 to defend this litigation.

TC Global, Inc. -- http://www.tullyscoffeeshops.com/-- formerly
Tully's Coffee, operates and franchises a chain of more than 150
coffeehouses under the Tully's Coffee banner (used under a
licensing deal with Green Mountain Coffee Roasters) offering a
variety of specialty blend coffees along with baked goods,
espresso, and related supplies.  The chain has locations in more
than a dozen states, mostly in Arizona, California, and
Washington; more than 80 stores are company-owned, while the
rest are franchised.  In addition to its coffeehouse chain, TC
Global sells coffee and brewing supplies online through its Web
site.


TORREYPINES THERAPEUTICS: Plaintiff's Appeal Still Pending
----------------------------------------------------------
The appeal by plaintiffs to the dismissal of the consolidated
class action lawsuit against TorreyPines Therapeutics, Inc., is
still pending with the United States Court of Appeals for the
Second Circuit.

Several lawsuits were filed against the company in February 2005
in the U.S. District Court for the Southern District of New York
asserting claims under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, as amended, or the Exchange Act and Rule
10b-5 thereunder on behalf of a class of purchasers of our common
stock during the period from June 26, 2003, through and including
Feb. 4, 2005, referred to as the class period.

Dr. Marvin S. Hausman, M.D., a former director and the company's
former Chief Executive Officer, and Dr. Gosse B. Bruinsma, M.D.,
also a former director and the company's former Chief Executive
Officer, were also named as defendants in the lawsuits.

These actions were consolidated into a single class action
lawsuit in January 2006.

On April 10, 2006, the class action plaintiffs filed an amended
consolidated complaint.

The company filed its answer to that complaint on May 26, 2006.  
The company's motion to dismiss the consolidated amended
complaint was filed on May 26, 2006 and was submitted to the
court for a decision in September 2006.

On March 27, 2009 the District Court dismissed the proceedings.

On April 24, 2009 an appeal was filed with the United States
Court of Appeals for the Second Circuit by the class action
plaintiffs.

TorreyPines Therapeutics, Inc. -- http://www.tptxinc.com/-- is a  
biopharmaceutical company that aims to develop product candidates
each capable of treating a number of acute and chronic diseases
and disorders such as migraine and chronic pain.  The company
currently has two ionotropic glutamate receptor antagonist
clinical stage product candidates.  On Sept. 30, 2009, the
company completed its merger with Raptor Pharmaceuticals Corp.  
The combined company is named "Raptor Pharmaceutical Corp."


                            *********

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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