CAR_Public/091103.mbx             C L A S S   A C T I O N   R E P O R T E R

           Tuesday, November 3, 2009, Vol. 11, No. 217

                            Headlines

24 HOUR FITNESS: Class Action Lawsuit Certified for RICO Fraud
ALACER CORP: Calif. Suit Claims Emergen-C Ad Claims Are False
BANK OF AMERICA: Accused in Fla. of Abetting $37 Mil. Ponzi Scam
CARIBBEAN PETROLEUM: Explosion Leads to Class Action in D. P.R.
CEMENT & CONCRETE MAKERS: Sued for Price Fixing in S.D. Fla.

LENNAR RENAISSANCE: Calif. Lawsuit Says 150 Homes Are Defective
LIVE NATION: Ticketholder Sues Concert Producer for Excess Fees
MERCEDES HOMES: Brevard County Suit Says 8,000 Homes Defective
METLIFE INSURANCE: Lawsuit Complains About Annuity Anomalies
MUSIC MERCHANTS: Hausfeld Joins Guitar Price Fixing Litigation

NORTHSTAR AEROSPACE: Settles Cambridge Class Action Litigation
PULTE HOME: Sued in N.D. Calif. for Predatory Marketing & Lending
REDBOX AUTOMATED: Sued for Illegal Late Fees in St. Clair County
SMITH-GREEN COMMUNITY: Students Fight Punishment for MySpace Pics
SONY COMPUTER: Suit Claims PlayStation Fix Damages Hardware

STEINER SPORTS: Suit Alleges Yankees Memorabilia Misrepresented
STUDENT LOAN XPRESS: Forgiving $112 Million in Student Loans
SWITCH & DATA: Sahreholder Wants Equinix to Pay More Money
TARGET CORP: Denies Alegations in Ill. "Airborne" Lawsuit
TEXAS: Motorists Challenge Secret Tollway Invoicing Fee

UNILEVER: Class Action Suit Complains Margarine Isn't Natural
WEST VIRGINIA: Disabled Kids' Program Cuts Lead to Class Action

                            *********

24 HOUR FITNESS: Class Action Lawsuit Certified for RICO Fraud
--------------------------------------------------------------
One-and-a-half million former members of 24 Hour Fitness, the gym
popularized by the television show "Biggest Loser," are permitted
to pursue a nationwide class action case against 24 Hour Fitness
for violating the Racketeer Influenced and Corrupt Organizations
Act (RICO) and the Electronic Fund Transfer Act (EFTA), per a
decision by the United States Court of Appeals, Ninth Circuit.
Friedman vs. 24 Hour Fitness USA, Inc., et al., Case No. 06-06282
(C.D. Calif.) (Matz, J.), alleges that 24 Hour Fitness continues
to deliberately take monthly payments out of consumer's accounts
after the member cancels membership.

The gym insists all members pay their monthly memberships by
electronic transfer. It is estimated that 24 Hour Fitness is
making $1.6 million a month that it is getting from former
members' bank and credit card accounts by defrauding such
companies as Bank of America and J.P. Morgan Chase, which process
payments via the national financial system networks for
electronic fund transfers.

"24 Hour Fitness is the modern day Al Capone, using the
electronic banking and credit card system as Al Capone and his
mob used the Tommy gun," says Los Angeles trial lawyer Robert L.
Esensten, Esq., of Wasserman Comden & Casselman.  "This is
exactly what the RICO laws were designed to stop.  Apparently 24
Hour Fitness's annual revenues of over one billion dollars a year
are not enough for its owners, despite the fact that today's
consumers are struggling to make every dollar count."

24 Hour Fitness is considered the nation's largest fitness chain,
owned by the private equity firm Forstmann, Little & Co., based
in New York.

It uses celebrities Shaquille O'Neal, Magic Johnson, Andre
Agassi, Derek Jeter, and Lance Armstrong to promote the gym and
to sell monthly memberships. For instance, 24 Hour Fitness teamed
up with O'Neal to create new 24 Hour Fitness Shaq Sports Clubs,
the first of which opened in Miami in 2005.

The 24 Hour Fitness class action will now proceed to trial. If
the gym is found in violation of the RICO laws, the company faces
potential liability for more than $100 million.

The Plaintiffs are represented by:

          Carey G. Been, Esq.
          Jeffrey F. Keller, Esq.
          Kathleen R. Scanlan, Esq.
          KELLER GROVER LLP
          425 Second Street Suite 500
          San Francisco, CA 94107
          Telephone: 415-543-1305

               - and -

          David Bruce Casselman, Esq.
          Melissa M. Harnett, Esq.
          Gregory B. Scarlett, Esq.
          WASSERMAN COMDEN CASSELMAN & PEARSON
          5567 Reseda Blvd., Ste. 330
          P.O. Box 7033
          Tarzana, CA 91357-7033
          Telephone: 818-705-6800

24 Hours Fitness is represented by:

          Page R. Barnes, Esq.
          Michael E. Delehunt, Esq.
          Kevin Francis Woodall, Esq.
          FOLEY AND LARDNER
          One Maritime Plaza, 6th Floor
          San Francisco, CA 94111
          Telephone: 415-434-4484

               - and -

          Christopher John Heck, Esq.
          Tami S. Smason, Esq.
          FOLEY AND LARDNER LLP
          555 South Flower Street, Suite 3500
          Los Angeles, CA 90017-2300
          Telephone: 213-972-4500

               - and -

          Jose-Manuel A. De Castro, Esq.
          DE CASTRO LAW GROUP PC
          9000 W. Sunset Boulevard, Suite 450
          Los Angeles, CA 90069
          Telephone: 310-270-9877

               - and -

          Anthony B. Lewis, Esq.
          THE LEWIS LAW FIRM
          8265 W. Sunset Blvd., Suite 209
          West Hollywood, CA 90046
          Telephone: 323-848-9992


ALACER CORP: Calif. Suit Claims Emergen-C Ad Claims Are False
-------------------------------------------------------------
Courthouse News Service reports that Alacer Corp. falsely claims
that its "Emergen-C" supplement "boosts" the immune system and
prevents illness, a class action claims in Santa Ana, Calif.,
Federal Court.

A copy of the Complaint in Gianino, et al. v. Alacer Corporation,
Case No. SACV09-01247-CJC (C.D. Calif.), is available at:

     http://www.courthousenews.com/2009/10/29/CCA.pdf

The Plaintiffs are represented by:

          Michael R. Reese, Esq.
          REESE RICHMAN LLP
          875 Avenue of the Americas, 18th Floor
          New York, NY 10001
          Telephone: 212-643-0500

               - and -

          Paul M. Weiss, Esq.
          Michael J. Lotus, Esq.
          George K. Lang, Esq.
          FREED & WEISS LLC
          111 West Washington Street, Suite 1331
          Chicago, IL 60602
          Telephone: 312-220-0000

               - and -

          Kevin T. Hoerner, Esq.
          Brian T. Kreisler, Esq.
          BECKER, PAULSON, HOERNER & THOMPSON, P.C.
          5111 West Main Street
          Belleville, IL 62226
          Telephone: 618-235-0020

               - and -

          Richard J. Burke, Esq.
          RICHARD J. BURKE LLC
          1010 Market Street, Suite 660
          St. Louis, MO 63101

               - and -

          Jay M. Wolman, Esq.
          Saba B. Hashem, Esq.
          D'ANGELO & HASHEM, LLC
          6 Beacon St., Suite 505
          Boston, MA 02108
          Telephone: 617-624-9777

               - and -

          Deborah Clark-Weintraub, Esq.
          Patrick J. Sheehan, Esq.
          WHATLEY DRAKE & KALLAS, LLC
          1540 Broadway, 37th Floor
          New York, NY 10036
          Telephone: 212-447-7070


BANK OF AMERICA: Accused in Fla. of Abetting $37 Mil. Ponzi Scam
----------------------------------------------------------------
Melissa Nordbeck at Courthouse News Service reports that Bank of
America aided and abetted a $37 million Ponzi scheme disguised as
an "investment club" called Diamond Ventures, a class action
claims in Federal Court. The class claims the bank knew or should
have known that 27-year-old Beau Diamond was running a scam.

The class claims that if BofA followed its own policies of
discovery, monitoring, tracking and evaluation of financial
activities it would have discovered the scam.

Mr. Diamond allegedly stuffed his BofA bank account with more
than $37 million from April 2006 through December 2008.  Mr.
Diamond holds no securities or commodities license, had no
management team or employees and no legitimate business model,
his banking activities reflect no investment business or
business-generated revenue, only payouts to clients made from new
clients' deposits -- a classic Ponzi scheme, according to the
complaint.  Many of the investors lost their life's savings.

They say BofA facilitated the fraud by allowing offshore wire
transfers, commingling of accounts, access to unlicensed trading
in foreign exchange markets, and a banking platform that
facilitated conversion of investors' funds.

BofA's "Premier Bankers" authorized wire transfers of more than
$700,000 to Mr. Diamond's personal account, according to the
complaint, including charges at the MGM Grand Hotel and the Wynn
Las Vegas.

Mr. Diamond allegedly sent a string of deceptive e-mail messages
to investors in December 2008, blaming payment delays on banking
errors, then said he had changed banks, then that the checks were
in the mail.  Then, according to the complaint, he used his
victims' money to go to Costa Rica, then announced that all of
their money had been lost due to the economic crisis.

The class wants their money back.  They say BofA aided and
abetted fraud, conversion, and breach of fiduciary duty.

A copy of the Complaint in Lawrence, et al. v. Bank of America,
N.A., Case No. 09-cv-2162 (M.D. Fla.), is available at:

     http://www.courthousenews.com/2009/10/27/PonziTampa.pdf

The Plaintiffs are represented by:

          Steven N. Berk, Esq.
          Michael Lewis, Esq.
          BERK LAW PLLC
          1225 Fifteenth Street, N.W.
          Washington, DC 20005
          Telephone: 202-232-7550

               - and -

          Andre R. Perron, Esq.
          OZARK, PERRON & NELSON, P.A.
          2816 Manatee Avenue West
          Bradenton, FL 34205
          Telephone: 941-750-9760

               - and -

          Randolph L. Smith, Esq.
          LAKIN SMITH, P.A.
          1401 Manatee Avenue West, Suite 1100
          Bradenton, FL 34205
          Telephone: 941-746-5529


CARIBBEAN PETROLEUM: Explosion Leads to Class Action in D. P.R.
---------------------------------------------------------------
Monica Mendez at Courthouse News Service reports that 30 fuel
tanks exploded in a suburb of San Juan, Puerto Rico, and
residents of the area shaken by the explosions have filed a
federal class action seeking damages from Caribbean Petroleum Co.
The explosion measured 2.8 on the Richter scale and was felt as
far away as the Virgin Islands.

Houses and windows trembled and the burning fuel mushroomed into
a dark cloud of toxic gases.  The Oct. 23 explosions were
followed by fires that burned for days.

More than 1,500 people were evacuated, some with gas masks, and
many say they continue to suffer from respiratory illnesses, and
have not been able to return home.

Businesses had to close down and electric power went out. The
class claims Caribbean Petroleum's defective equipment
contributed to the disaster.

A copy of the Complaint in Suarez, et ux., et al. v. Caribbean
Petroleum Corporation and Mapfre Insurance Company, Case No. 09-
cv-2095 (D. P.R.), is available at:

     http://www.courthousenews.com/2009/10/29/GasExplode.pdf

The Plaintiffs are represented by:

          Eric M. Quetglas-Jordan, Esq.
          Jose F. Quetglas Jordan, Esq.
          QUETGLAS LAW OFFICE
          P.O. Box 16606
          San Juan, PR 00908
          Telephone: 787-722-0635

               - and -

          Kirk Wood, Esq.
          WOOD LAW FIRM, LLC
          2900 1st Avenue South, Suite A
          Birmingham, AL 35233
          Telephone: (205) 612-0243


CEMENT & CONCRETE MAKERS: Sued for Price Fixing in S.D. Fla.
------------------------------------------------------------
Labaton Sucharow LLP filed Action Ready Mix Concrete Inc., et al.
v. Cemex Corp., et al., Case No. 09-cv-23187 (S.D. Fla.)
(Altonaga, J.) -- a class action lawsuit on behalf of all
individuals or entities that purchased Portland Cement or Ready
Mix Concrete in Florida.  The Proposed Class is seeking treble
damages and injunctive relief under Section 1 of the Sherman Act.

Jay L. Himes, Esq., Partner and Co-Chair of Labaton Sucharow's
Antitrust Practice Group stated, "We intend to vigorously
prosecute on behalf of our clients that have been hurt as a
result of this major price fixing scandal."

Plaintiffs allege that Defendants eliminated competition in the
markets for Cement and Concrete by charging artificially high
prices for these products in Florida from at least January 1,
2000 to the present. Plaintiffs further allege that Defendants
facilitated this conspiracy through in-person meetings, telephone
conversations, and other communications. The complaint details
the specific employees who participated in the conspiracy as well
as the locations at which illegal pricing was discussed.

Defendants are Cemex Corp., Florida Rock Industries, Inc., Holcim
(US), Inc., Lafarge North America, Inc., Lehigh Cement Company,
Suwannee American Cement LLC, Titan America LLC and Votorantim
Cimentos North America, Inc.

Plaintiffs are represented by:

          Jay L. Himes, Esq.
          LABATON SUCHAROW LLP
          140 Broadway
          New York, NY 10005
          Telephone: 212-907-0700


LENNAR RENAISSANCE: Calif. Lawsuit Says 150 Homes Are Defective
---------------------------------------------------------------
Courthouse News Service reports that Lennar Renaissance built 150
defective homes in the Parkway Plaza development in Sacramento, a
class action claims in Superior Court.

A copy of the Complaint in Zavala, et ux. v. Lennar Renaissance,
Inc., Case No. 34-2009-00061399 (Calif. Super. Ct., Sacramento
Cty.), is available at:

     http://www.courthousenews.com/2009/10/27/RealEst.pdf

The Plaintiffs are represented by:

          Luke P. Ryan, Esq.
          Michael T. Quinn, Esq.
          SINNICK & RYAN LLP
          1810 State Street
          San Diego, CA 92101
          Telephone: 619-239-5900


LIVE NATION: Ticketholder Sues Concert Producer for Excess Fees
---------------------------------------------------------------
Barbara Leonard at Courthouse News Service reports that Live
Nation abuses its power as the world's largest concert producer
by charging ticketholders for parking whether there is sufficient
space for parking or not, and whether the concertgoers need to
park or not, a class action claims in Federal Court.  The company
also charges a "charity fee" for a charity it does not identify,
the class claims.

Lead plaintiff Clifford Davidson says that when he bought a
ticket to a Live Nation event at the PNC Bank Arts Center he had
to pay a parking fee for each ticket, plus a 25-cent "charity
fee" for an unnamed charity.

Mr. Davidson says he could not decline the parking charge or pay
one parking fee per carload, and adds that the PNC amphitheater
has more seats than parking spaces.

Live Nation controls hundreds of concert venues, including PNC,
through ownership or contract, according to the complaint.
Davidson says the company made more than $5 million by
overcharging tens of thousands of New Jersey concertgoers in the
past 6 years.

Even when Live Nation sold tickets through contractors such as
Ticketmaster, which it did until it began doing its own ticketing
in mid-2008, the class claims Live Nation imposed exploitative
charges.

In response to customers' complaint, Live Nation removed the $6
parking charge in March this year, but added it right back to the
ticket price, the class claims.

Davidson says other concert venues such as Nassau Coliseum and
the Meadowlands charge $7 to $15 flat rates for parking, while
parking at Jones Beach is free.

He seeks an injunction and treble damages from Live Nation, Live
Nation Worldwide and GSAC Partners for violations of the Consumer
Fraud Act.

A copy of the Complaint in Davidson v. Live Nation, Inc., dba
PNC Bank Arts Center, et al., entered as Doc. 2233 in Case No.
33-av-00001 (D. N.J.), is available at:

     http://www.courthousenews.com/2009/10/27/LiveNation.pdf

The Plaintiff is represented by:

          Olimpio Lee Squitieri, Esq.
          SQUITIERI & FEARON, LLP
          2600 Kennedy Blvd., Suite 1K
          Jersey City, NJ 07306
          Telephone: 201-200-0900


MERCEDES HOMES: Brevard County Suit Says 8,000 Homes Defective
--------------------------------------------------------------
Courthouse News Service reports that Mercedes Homes and Solid
Wall Systems built 8,000 homes with defective walls, a class
action claims in a $120 million demand in Brevard County Court,
Melbourne, Fla.

A copy of the Complaint in Nunn, et us., et al. v. Mercedes
Homes, Inc., et al., Case No. 05-2009-CA-63869 (Fla. Cir. Ct.,
18th J. Cir., Brevard Cty.) (Dugan, J.), is available at:

     http://www.courthousenews.com/2009/10/29/RealEst.pdf

The Plaintiffs are represented by:

          Joseph G. Colombo, Sr., Esq.
          MOMMERS & COLOMBO
          2351 W. Eau Gallie Blvd., Suite 8
          Melbourne, FL 32935
          Telephone: 321-751-1000


METLIFE INSURANCE: Lawsuit Complains About Annuity Anomalies
------------------------------------------------------------
Courthouse News Service reports that Metlife Insurance defrauded
customers and unjustly profited by failing to attach guaranteed
minimum income benefit riders to annuities, a class action claims
in Burlington County Court, N.J.

A copy of the Complaint in Stephens v. Gentilello, et al., Case
No. BUR-L-3489-09 (N.J. Super. Ct., Burlington Cty.), is
available at:

     http://www.courthousenews.com/2009/10/29/Insure.pdf

The Plaintiff is represented by:

          Louis Silverman, Esq.
          Michael P. Lalli, Esq.
          SILVERMAN & FODERA, P.C.
          1835 Market Street, Suite 2600
          Philadelphia, PA 10103
          Telephone: 215-561-2100


MUSIC MERCHANTS: Hausfeld Joins Guitar Price Fixing Litigation
--------------------------------------------------------------
The BLT: The Blog of LegalTimes reports that one of Washington,
D.C.'s leading antitrust lawyers has jumped into the fray over
guitar price fixing.

Michael Hausfeld, Esq., founder of Hausfeld LLP, is one of the
lawyers behind one of the latest anti-trust class actions against
the National Association of Music Merchants (NAMM), Guitar Center
and major guitar manufacturers over an alleged industry-wide plan
to prop up instrument prices. Hausfeld is joined on the suit,
filed Oct. 13 at the U.S. District Court for the District of
Columbia, by Hausfeld LLP partner Hilary Ratway-Scherrer, Esq.,
and a team from Philadelphia-based Spector Roseman Kodroff &
Willis, including partners Jeffrey Kodroff, Esq., Jeffrey
Corrigan, Esq., and Jay Cohen, Esq.

The controversy over guitar prices has been simmering since
March, when the Federal Trade Commission issued a cease and
desist order to NAMM after settling charges that the group had
fostered anti-competitive behavior using its trade shows.
Instrument makers and retailers allegedly met at the events to
establish price floors for their products.  Since September,
lawyers have filed a series of class actions in the Southern
District of California against the companies involved.

The BLT also reports that:

  -- Guitar Center, the nation's largest instrument retailer,
     is represented by:

          Charles H. Samel, Esq.
          LATHAM & WATKINS LLP
          355 South Grand Avenue
          Los Angeles CA 90071-1560
          Telephone: 213-891-8285

  -- David Mayer, Esq., at Howrey LLP entered an appearance
     for the National Association of Music Merchants; and

  -- Guitar maker Fender is represented by:

          Lawrence G. Scarborough, Esq.
          J. Alex Grimsley, Esq.
          BRYAN CAVE LLP
          One Renaissance Square
          Two North Central Ave., Suite 2200
          Phoenix, AZ 85004-4406
          Telephone: 602-364-7000

The Class Action Reporter previously covered Giambusso v. Nat'l
Assoc. of Music Merchants, Inc., et al., Case No. 09-cv-2002
(S.D. Calif.), on Sept. 17, 2009.


NORTHSTAR AEROSPACE: Settles Cambridge Class Action Litigation
--------------------------------------------------------------
The Ontario Superior Court of Justice approved a settlement
agreement in the environmental class action litigation against
Northstar Aerospace, Inc., and its wholly owned subsidiary,
Northstar Aerospace (Canada) Inc.

Northstar says that the C$4.55 million (C$1.55 million in cash
and C$3.0 million by way of a promissory note due within three
years which can be repaid in cash or, subject to regulatory
approval, in Northstar common shares at the option of Northstar
Canada) settlement amount has been paid.  Under the settlement
terms, a further settlement payment of C$0.5 million is due in
March 2010.  This settlement will not affect Northstar Canada's
ongoing remediation efforts.

The plaintiffs, all property owners in the neighborhood adjacent
to Northstar Canada's facility in Cambridge, Ontario, sought
damages for diminution of property values and other losses
associated with environmental issues relating to the historical
operation of the Cambridge facility. The plaintiffs sought to
certify the lawsuit as a class proceeding on behalf of all
property owners in the neighborhood as at August 23, 2005.

The Company did not admit any liability under the settlement and
received full and final releases for the claims made in the
proceeding. The plaintiffs' lawsuit has been dismissed with
prejudice.

Northstar Aerospace, Inc. -- http://www.nsaero.com/-- is North
America's leading independent manufacturer of flight critical
gears and transmissions. Northstar Aerospace is a public company
(TSX:NAS) with operating subsidiaries in the United States and
Canada. Its principal products include helicopter gears and
transmissions, accessory gearbox assemblies, rotorcraft drive
systems and other machined and fabricated parts. It also provides
maintenance, repair and overhaul of helicopter transmissions. The
Company's executive offices are located in Chicago, Illinois. Its
plants are located in Chicago, Illinois; Phoenix, Arizona;
Anderson, Indiana; and Milton and Windsor, Ontario.


PULTE HOME: Sued in N.D. Calif. for Predatory Marketing & Lending
-----------------------------------------------------------------
Courthouse News Service reports that Pulte Home Corp. and Pulte
Mortgage are accused of predatory marketing, lending and
appraisals, in a class action in San Francisco Federal Court.

A copy of the Complaint in Kaing v. Pulte Homes, Inc., et al.,
Case No. 09-cv-05057 (N.D. Calif.), is available at:

     http://www.courthousenews.com/2009/10/27/HomeMorts.pdf

The Plaintiff is represented by:

          Shana E. Scarlett, Esq.
          HAGENS BERMAN SOBOL SHAPIRO LLP
          715 Hearst Avenue, Suite 202
          Berkeley, CA 94710
          Telephone: 510-725-3000

               - and -

          Steve W. Berman, Esq.
          Thomas E. Loeser, Esq.
          HAGENS BERMAN SOBOL SHAPIRO LLP
          1301 Fifth Avenue, Suite 2900
          Seattle, WA 98101
          Telephone: 206-623-7292

               - and -

          Andrew Oldham, Esq.
          901 Campus Way, Suite 248
          Campbell, CA 95008
          Telephone: 888-842-4930


REDBOX AUTOMATED: Sued for Illegal Late Fees in St. Clair County
----------------------------------------------------------------
Joe Harris at Courthouse News Service reports that Redbox has
collected more than $100 million in illegal and punitive late
fees from customers, a class action claims in St. Clair County
Circuit Court.  Lead plaintiff Laurie Piechur says Redbox offers
DVD rentals for $1 a night, with no late fees, but charges late
fees if the movie is just one minute late.

Instead of charging a legal late fee, which would be a reasonable
estimate of the actual damages Redbox incurs for a late return,
Redbox charges a $1 a day penalty up to $25, the complaint
states.

Ms. Piechur says the fee is more than the retail value of a
brand-new DVD and is well above the $7 Redbox charges to sell
used DVDs.

Ms. Piechur proposes two nationwide classes:

     -- The first consists of all U.S. citizens who from Jan. 1,
        2002, until final judgment rented a DVD from Redbox,
        returned the disc within 24 hours or after 9:00 p.m. of
        the initial rental date and incurred a $1 fee.

     -- The second consists of all U.S. citizens who rented a DVD
        from Redbox from Jan. 1, 2002, until final judgment and
        incurred the maximum $25 charge for the disc.

A copy of the Complaint in Piechur v. Redbox Automated Retail,
LLC, Case No. 09-L-0562 (Ill. Cit. Ct., 20th J. Dist., St. Clair
Cty.), is available at:

     http://www.courthousenews.com/2009/10/27/Redbox.pdf

The Plaintiff is represented by:

          James F. Kelly, Esq.
          Jeffrey A.J. Millar, Esq.
          BRENT COON & ASSOCIATES, P.C.
          12201 Big Bend Blvd., Suite 200
          St. Louis, MO 63122
          Telephone: 314-822-0732

               - and -

          Thomas G. Maag, Esq.
          Peter J. Maag, Esq.
          WENDLER LAW, P.C.
          900 Hillboro, Suite 10
          Edwardsville, IL 62025
          Telephone: 618-692-0011


SMITH-GREEN COMMUNITY: Students Fight Punishment for MySpace Pics
-----------------------------------------------------------------
Tim Hull at Courthouse News Service reports that two high school
students filed a constitutional class action against their school
district and the principal who banned them from extracurricular
activities after seeing MySpace pictures of the girls kissing and
licking a phallus-shaped lollipop and wearing lingerie decorated
with dollar bills.

The federal lawsuit seeks to reverse the sports ban and get the
unfair policy that gives the principal unfettered power and
violates students' constitutional rights.

Sophomore plaintiffs T.V. and M.K. say the pictures were taken at
a slumber party over the summer, off school grounds.  They say
they posted them on their MySpace pages because they are
"humorous."

An unknown person printed the pictures and gave them to
Churubusco High School Principal Austin Couch, who suspended the
girls from sports for the fall season based on the school's "code
of conduct" for extracurricular activities.

Named as defendant with Mr. Couch is the Smith-Green Community
School Association.

The code of conduct state that a principal can exclude a student
from extracurricular activities if his or her conduct "in or out
of school reflects discredit upon Churubusco High School . . . or
creates a disruptive influence on the discipline, good order,
moral, or educational environment."

The girls say they were allowed to play for part of the season
after they went to counseling and apologized to an all-male panel
of coaches.

They say the policy is unfair because it gives Couch the power to
punish without appeal or recourse.

The girls say they have been "humiliated" and are afraid to send
e-mails and pictures to their friends.

They want Mr. Couch and Smith-Green enjoined from punishing
students for out-of-school behavior that is "in no way disruptive
of school activities," and they want their records expunged.

A copf of the Complaint in T.V. and M.K. v. Smith-Green Community
School Corporation, et al., Case No. 09-cv-00290 (N.D. Ind.), is
available at:

     http://www.courthousenews.com/2009/10/28/Lollipop.pdf

The Plaintiffs are represented by:

          Kenneth J. Falk, Esq.
          ACLU of Indiana
          1031 E. Washington St.
          Indianapolis, IN 46202
          Telephone: 317-635-4059


SONY COMPUTER: Suit Claims PlayStation Fix Damages Hardware
-----------------------------------------------------------
Courthouse News Service reports that Sony offered a download that
was supposed to fix a software problem in PlayStation 3, but it
actually damaged the hardware, and Sony charges $150 to fix each
unit it damaged, a class action claims in San Francisco Federal
Court.

A copy of the Complaint in Evers, et al. v. Sony Computer
Entertainment America, Inc., Case No. 09-cv-5126 (N.D. Calif.),
is available at:

     http://www.courthousenews.com/2009/10/29/VideoGames.pdf

The Plaintiffs are represented by:

          Rosemary M. Rivas, Esq.
          Mark Punzalam Esq.
          Tracy Tien, Esq.
          FINKELSTEIN THOMPSON LLP
          100 Bush Street, Suite 1450
          San Francisco, CA 94104
          Telephone: 415-398-8700

               - and -

          Mila F. Bartos, Esq.
          FINKELSTEIN THOMPSON LLP
          The Duval Foundry
          1050 30th Street, NW
          Washington, DC 20007
          Telephone: 202-337-8000

               - and -

          Gordon M. Fauth, Jr., Esq.
          LITIGATION LAW GROUP
          1801 Clement Ave., Suite 101
          Alameda, CA 94501
          Telephone: 510-238-9610




STEINER SPORTS: Suit Alleges Yankees Memorabilia Misrepresented
---------------------------------------------------------------
The Cardboard Connection reports that in a most unexpected
development the New York Yankees and Steiner Sports are facing a
class-action lawsuit in federal court for selling, of all things,
misrepresented and refurbished Yankees memorabilia.  The lawsuit
-- Lefkus v. Steiner Sports Memorabilia, Inc., et al., Case No.
09-cv-08874 (S.D.N.Y.) (Castel, J.) -- focuses on the Bronx
Bombers' recent fire sale of seats salvaged from the old Yankee
Stadium.  The lead plaintiff in the case, John Lefkus, claims
that he paid in excess of $2,000 to buy the very seats where he
sat during his 23 seasons as a New York Yankees season-ticket
holder.  In the lawsuit Mr. Lefkus says that instead of receiving
the actual seats he paid for he was sent to randomly selected
refurbished stadium seats.

The Yankees sold the stadium seats for $1,500 per pair,
advertising them as "authentic, unrefurbished Yankee Stadium
seats."  In fact, Mr. Lefkus even paid an extra $500 premium to
buy his specific seats.

Mr. Lefkus says that despite bearing the trusted tamperproof MLB
authentication seal, the seats he received appeared to be
dismantled during the demolition of the stadium "and later
reassembled without regard to which seat parts went with which
seats."

According to the lawsuit the stadium seats received by the
plaintiff included both new and old parts, were stripped and
repainted a different color and even featured different armrests.
Mr. Lefkus also alleges that Steiner Sports put the incorrect
seat number on one of the newly produced seats and tried to pass
off a non-aisle seat as an aisle seat.

The newly levied lawsuit seeks over $5 million in damages from
the New York Yankees, Yankee-Steiner Collectibles, Steiner Sports
Memorabilia, and Steiner Sports Marketing, claiming they engaged
in deceptive practices, breach of warranty, and false
advertising.

The Plaintiff is represented by:

          Elke Andrea Hofmann, Esq.
          Amanda Claire Scuder, Esq.
          Ralph M. Stone, Esq.
          SHALOV STONE & BONNER & RUCCO LLP
          485 Seventh Avenue, Suite 1000
          New York, NY 10018
          Telephone: (212)-239-4340


STUDENT LOAN XPRESS: Forgiving $112 Million in Student Loans
------------------------------------------------------------
Joe Harris at Courthouse News Service reports that Student Loan
Xpress will forgive $112.7 million in debt to students who
attended a now-bankrupt helicopter school.  The agreement settles
a 12-state class action and concludes an 18-month investigation
of Silver State Helicopters.

Silver State Helicopters operated 34 flight schools throughout
the country and Student Loan Xpress was its preferred student
lender. Silver State closed in 2008, leaving most of its students
owing Student Loan Xpress substantial amounts of money for
training and certification they never received.

Student Loan Xpress must forgive up to 75 percent of the amount
borrowed by most Silver State students. The percentage will be
based upon the number of flight certifications each student
earned.

Student Loan Xpress is also prohibited from providing any
negative credit information to credit agencies about the settling
students, and is required, when acting as a preferred lender to a
nonaccredited school or institution, to provide written
disclosures to each prospective student borrower that the loan
does not constitute an endorsement of the school or of the
quality of education offered.

Student Loan Xpress is a subsidiary of CIT Group, Inc.  The Oct.
10, 2009, edition of the Class Action Reporter provided coverage
about CIT's public disclosures in this matter.


SWITCH & DATA: Sahreholder Wants Equinix to Pay More Money
----------------------------------------------------------
Courthouse News Service reports that Switch & Data Facilities
shareholders say the company is selling itself too cheaply to
Equinix and its subsidiary, Sundance Acquisition, for $689
million or $19.06 a share, in Delaware Chancery Court.

A copy of the Complaint in Gibbs v. Switch & Data Facilities
Company, Inc., et al., Case No. 5027 (Del. Ch. Ct.), is available
at:

     http://www.courthousenews.com/2009/10/29/SCA.pdf

The Plaintiff is represented by:

          Seth D. Rigrodsky, Esq.
          Brian D. Long, Esq.
          Timothy J. MacFall, Esq.
          RIGRODSKY & LONG, P.A.
          919 N. Market St., Suite 980
          Wilmington, DE 19801
          Telephone: 302-295-5310

               - and -

          Lionel Z. Glancy, Esq.
          Richard A. Miniskas, Esq.
          GLANCY BINKOW & GOLDBERG LLP
          1801 Avenue of the Stars, Suite 311
          Los Angeles, CA 90067
          Telephone: 310-201-9150


TARGET CORP: Denies Alegations in Ill. "Airborne" Lawsuit
---------------------------------------------------------
Amelia Flood at The St. Clair Record reports that Target denies
that it violated the Illinois Consumer Fraud Act by selling a
generic form of the immune supplement "Airborne."

The Minnesota-based retailer filed its answer in Buehlhorn
v. Target, Case No. 08-L-667 (Ill. Cir. Ct., St. Clair Cty.)
(Young, J.), on Oct. 13, 2009.

As reported in the Class Action Reporter on Sept. 15, 2009, the
Plaintiff amended his complaint to expand the class to include
Florida, Minnesota and California consumers.  Target objected,
but the request was granted.


TEXAS: Motorists Challenge Secret Tollway Invoicing Fee
-------------------------------------------------------
David Lee at Courthouse News Service reports that a class of
motorists says the Texas Department of Transportation has no
right to charge a $1 invoice fee for drivers who use the state's
ZipCash video toll system.  The class claims the state gave
drivers no notice of the fee and has no statutory authority to
charge it.

Lead plaintiff Mary Kemp says she drove the State Highway 121
toll road in September 2007 and did not have change to pay the
toll upon exit, nor did she have a toll tag in her car, which is
tied to a pre-established account. She decided to use the
remaining payment option, the video toll lanes that result in a
bill being sent to her home.

Kemp says that based on the signs on the tollway exit, she
believed she would be billed 60 cents.  But the state added the
undisclosed $1 invoice fee.

She calls that fraud and an unconstitutional taking, deceptive
trade and a consumer law violation.

She also sued the TexasTollways, the Texas Turnpike Authority and
the State of Texas.  She seeks refunds, an injunction and costs.

A copy of the Complaint in Kemp v. Saenz, et al., Case No.
09-cv-02020 (N.D. Tex.), is available at:

     http://www.courthousenews.com/2009/10/28/TexasTolls.pdf

The Plaintiff is represented by:

          Thomas M. Corea, Esq.
          Kenneth P. Trosclair, Esq.
          THE COREA FIRM, P.L.L.C.
          1201 Elm Street, Suite 4150
          Dallas, TX 75270
          Telephone: 214-953-3900


UNILEVER: Class Action Suit Complains Margarine Isn't Natural
-------------------------------------------------------------
Karina Brown at Courthouse News Service reports that a federal
class action claims Unilever markets its margarine as "healthy"
though it contains toxic trans fats.  Unilever pushes I Can't
Believe It's Not Butter!, Country Crock and Imperial Margarine as
cholesterol-free alternatives to butter and promotes it as
"natural" and "nutritious," though it knows trans fats are
unnatural and dangerous, according to the complaint.

Trans fats (trans-isomer fatty acids) are found in trace amounts
in red meat, but most of the trans fats humans consume are
byproducts of the hydrogenation process, according to the
complaint in Los Angeles Federal Court.

Created in 1901, artificial trans fats were initially regarded as
a "wonder product" because they are cheap and can be stored
indefinitely, the lawsuit states. But the class claims trans fats
were later found to contribute to cardiovascular disease, type 2
diabetes and cancer.

California, New York City and Denmark have all banned or
restricted the use of the artificial substance, the class claims.

The class wants damages and an order directing Unilever to
replace its misleading marketing campaign with a "corrective"
one.

A copy of the Complaint in Red, et al. v. Unilever United States,
Inc., and Unilever PLC, Case No. 09-cv-07855 (C.D. Calif.), is
available at:

     http://www.courthousenews.com/2009/10/30/Margarine.pdf

The Plaintiffs are represented by:

          Gregory S. Weston, Esq.
          THE WESTON FIRM
          5127 Lotus Street
          San Diego, CA 92107
          Telephone: 619-255-7098

               - and -

          Jared H. Beck, Esq.
          BECK & LEE BUSINESS TRIAL LAWYERS
          28 West Flagler St., Suite 555
          Miami, FL 33130
          Telephone: 305-789-0072


WEST VIRGINIA: Disabled Kids' Program Cuts Lead to Class Action
---------------------------------------------------------------
Ryan Abbott at Courthouse News Service reports that West Virginia
is cutting medical benefits for disabled and mentally retarded
children without due process, a class action claims in Federal
Court.

Parents of children eligible for benefits under the Children with
Disabilities Community Service Program are getting letters
stating generic reasons for the termination of their in-home
nursing assistance, according to the complaint.

The letters give parents no idea why the assistance that some
have received for years is being reduced or taken away
altogether.

The class claims the state's notification process violates the
due process clause of the Constitution. It wants West Virginia
enjoined from arbitrarily cutting benefits. It also asks the
court to force the state to come up with a better way of
notifying people when their benefits are being reduced.

A copy of the Complaint in Tammy W. v. Hardy, et al., Case No.
09-cv-1170 (S.D. W.Va.), is available at:

     http://www.courthousenews.com/2009/10/29/WVaKids.pdf

The Plaintiff is represented by:

          Bren J. Pomponio, Esq.
          Daniel F. Hedges, Esq.
          MOUNTAIN STATE JUSTICE, INC
          922 Quarrier St., Suite 525
          Charleston, WV 25301
          Telephone: 304-344-3144

                            *********

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

Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland
USA.  Gracele D. Canilao, Leah Felisilda and Peter A. Chapman,
Editors.

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

This material is copyrighted and any commercial use, resale or
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Information contained herein is obtained from sources believed to
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