/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/091109.mbx C L A S S A C T I O N R E P O R T E R Monday, November 9, 2009, Vol. 11, No. 221 Headlines ALLIED PROPERTY: Insurer Accused of Collecting Illegal Fees ALLSTATE INSURANCE: High Court Hears Class Certification Argument AT&T INC: Cook County Class Suit Lawsuit Complains About Cramming AT&T MOBILITY: Lawsuit Says Free GoPhone Airtime Nonexistent AWARD HOMES: Suit Claims 162 Houses Built in Calif. are Defective BANK OF AMERICA: Charged with Altering Employee Time Sheets CATERPILLAR INC: Suit Says Marine Engine Aftercoolers Defective CHRIST COLLEGE: Cincinnati Student Nurses Say They Were Suckered COUNTRYWIDE FINANCIAL: 3rd Cir. Revives Mortgage Insurance Suit DOLLAR FINANCIAL: Class Suit Alleges Unauthorized Practice of Law DUBAI STAR: Fishermen Sue to Recoup Lost Profits After Oil Spill ENCORE ACQUISITION: Shareholders Sue To Get More from Denbury ESQUIRE DEPOSITION: 3rd Court Reporter Cheating Suit in N.J. GAP INC: Credit Card Reward Points Practice Comes Under Fire HEALTHMARKETS: Suit Challenges Insurance Premiums & Payments HOLIDAY SYSTEMS: Ohio Lawsuit Asserts Timeshare Fraud Claims KBR INC: Accused, with Halliburton, of Exposing People to Poisons KELLOGG CO: Suit Challenges Cocoa Krispies' Immunological Claims LEHMAN BROTHERS: Investors Gripe About Real Estate Sales Prices LIBERTY LIFE: Insurer Charged with Fraud in W.D. Okla. Lawsuit MDL 1735: Wal-Mart Gets Final Approval of Wage & Hour Settlement MERCEDES-BENZ: Accused of Peddling Cars with Defective Wheel Rims MINNESOTA: Class Suit Challenges Health Program Funding Cuts OKLAHOMA: Suit Wants Trauma Care Fees Declared Unconstitutional POWER WINDOW: Class Action Suit Says Contracts Are Unenforceable PROCTER & GAMBLE: Suit Challenges Vicks' Swine Flu Claims PULMUONE CORP: Shareholders Sue in Calif. to Block Transaction RELACOR LITIGATION: Manufactures & Retailers Sued in C.D. Calif. RESORT CONDOMINIUMS: Accused of Misleading Time Share Purchasers SAMSUNG ELECTRONICS: N.J. Class Action Attacks Projection TVs SAPPHIRE GENTLEMAN'S: Topless Dancer Files Class Action Lawsuit SESAC, LLC: Television Music Antitrust Suit Filed in S.D.N.Y. SKYWIDE CAPTAL: Shareholders Want More Money from Sinoenergy STORM8 LLC: Game Maker Accused of Stealing iPhone Numbers SUMMER INFANT: Sued, with Toys "R" Us, Over Baby Monitor Snooping WELLS FARGO: Sued, with BNY Mellon, for Medical Note Losses New Securities Fraud Cases AVANIR PHARMACEUTICALS: Shareholders Complain About Zenvia Hype HANSEN MEDICAL: Coughlin Files Shareholder Suit in N.D. Calif. ********* ALLIED PROPERTY: Insurer Accused of Collecting Illegal Fees ----------------------------------------------------------- Courthouse News Service reports that Allied Property and Casualty Insurance collects an illegal "service charge" from policyholders who pay premiums monthly, a class action claims in Sacramento Federal Court. A copy of the Complaint in Corralejo v. Allied Property and Casualty Insurance Company, Case No. 09-cv-01770 (E.D. Calif.), is available at: http://www.courthousenews.com/2009/11/06/Insure.pdf The Plaintiff is represented by: Karen M. Leser-Grenon, Esq. SHEPHERD, FINKELMAN, MILLER & SHAH, LLP 401 West A Street, Suite 2350 San Diego, CA 92101 Telephone: 619-235-2416 - and - John F. Edgar, Esq. EDGAR LAW FIRM LLC 1032 Pennsylvania Ave. Kansas City, MO 64105 Telephone: 618-531-0033 - and - James C. Shah, Esq. SHEPHERD, FINKELMAN, MILLER & SHAH, LLP 35 East State Street Media, PA 19063 Telephone: 610-891-9880 ALLSTATE INSURANCE: High Court Hears Class Certification Argument ----------------------------------------------------------------- Nick Wilson at Courthouse News Service reports that lawyers argued before the Supreme Court last week in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., No. 08- 1008 (U.S.), about whether federal courts should follow state or federal law when certifying class actions. The debate largely surrounded the obscure classification of a policy as either procedural or substantive, and serves as a fresh reminder of the Court's role in unwinding the sometimes daunting ambiguities in the law. A New York woman and her health provider brought a suit against the woman's car insurance company for compensation after she was treated for injuries from a car accident in 2006. Shady Grove Orthopedic Associates, the group that treated Sonia Galvez, brought the suit before the Supreme Court as a class action that sought damages for the interest payment Allstate had allegedly failed to pay to those it insured. Christopher Landau, Esq., representing Allstate, argued that under New York law, the case did not qualify for a federal class action and the district court and Second Circuit agreed, dismissing the class action. Scott Nelson, Esq., representing Shady Grove Orthopedic Associates, argued that the New York laws do not apply because members of the class came from various other states. He said that in such a case, federal procedural rules apply. The arguments predictably swung into a debate over how to distinguish procedural standards from substantive law. Procedural laws dictate how the court hears and determines cases. For example, a procedural law might limit the amount of time someone has to file a complaint in the courts. Substantive laws govern more broadly the actions of the citizens. Mr. Nelson argued that the New York rules surrounding class action were procedural because they dealt with policy. Justice Sonia Sotomayor proposed a situation where the state only allows a statutory penalty only if an individual files, and that no statutory penalty is awarded if the case is filed as a class action. She asked whether that policy would be strictly procedural. Mr. Nelson replied that it would. "You get $100 or you don't get $100. How can you be any less substantive than getting the $100 or not getting the $100?" Justice Sotomayor asked. "Can the statute be both?" Justice Antonin Scalia asked. "Can a statute both establish a substantive limitation and also establish a rule of procedure for New York courts?" Mr. Nelson replied that a statute could be both procedural and substantive, but that this one was strictly procedural. "There was always recognition that a so-called built-in statute of limitations was substantive," Justice Ruth Bader Ginsburg said. The New York is more restrictive than federal law in allowing class actions. The state's law provides that, "Unless a statute creating or imposing a penalty, or a minimum measure of recovery specifically authorizes recovery thereof in a class action, an action to recover a penalty, or a minimum measure of recovery created or imposed by the statute may not be maintained as a class action." "This Court in its recent decisions has been sensitive to not overriding State limitations, and so has read the Federal rule to avoid the conflict," Justice Ginsburg said. Justice Ginsburg noted that the class action isn't necessarily addressed by federal rules. "If New York wants to say this kind of claim can be brought only as an individual action, not as a class action," Justice Ginsburg asked, "why shouldn't the Federal court say that's perfectly fine, we respect the State's position on that?" Mr. Nelson argued that the federal rules do cover the issue and said that the rules apply in all federal courts. Mr. Landau stepped up to the podium to argue on behalf of Allstate. He said federal courts should accept New York's decision not to accept suit as a class action, arguing that the New York policy has a substantive side. "You don't want to create incentives that will bring people like a magnet to Federal court," he added. Mr. Landau said that if a state only limits particular causes of action or particular penalties -- like if the state is concerned about penalties that are too large -- then the state is doing it for a substantive reason. "Your position depends upon a characterization of the ban, and the restriction on class actions is either substantive or procedural," Chief Justice Roberts said. Mr. Landau replied essentially that it does. "Under your theory, any State could pass a law that says no cause of action under State law can be brought as a class action ever," Justice Sotomayor said. Mr. Landau said that could be the case. AT&T INC: Cook County Class Suit Lawsuit Complains About Cramming ----------------------------------------------------------------- Bridget Freeland at Courthouse News Service reports that a class action claims AT&T let a crammer bill its customers for services they didn't order, don't need and don't want, and that AT&T refused to pay the refunds it promised. Named plaintiff Jeffrey Hickel he was billed $5 a month for more than a year for directory assistance services supposedly provided by codefendant "Network Connections USA." Mr. Hickel says he never had heard of the company, and that he did not request, authorize or receive its services. He says he noticed the charge in November 2008, and that he had been billed for it since September 2007. Mr. Hickel says he contacted AT&T, which agreed that the charge was an error. He claims AT&T stopped charging him for it, but never gave him the full refund it promised. His complaint in Cook County Court states that Network Connections USA supposedly provides prepaid directory assistance that "competes with 411." But Mr. Hickel says he does not need that service, which he already gets from AT&T. Network Connections' Web site promises to send customers a toll- free number and personal access code, but Mr. Hickel says he never got any such information from the company. Mr. Hickel demands damages from AT&T and Network Connections for violations of the Truth-in-Billing and Illinois Public Utilities Acts, breach of contract, unjust enrichment, fraud and conspiracy. A copy of the Complaint in Hickel v. AT&T, INc., et al., Case No. 09CH43396 (Ill. Cir. Ct., Cook Cty.), is available at: http://www.courthousenews.com/2009/11/06/AT&T.pdf The Plaintiff is represented by: Terrence Buehler, Esq. Jeffrey J. Halldin, Esq. TOUHY, TOUHY, BUEHLER & WILLIAMS, LLP 55 West Wacker Dr., Suite 1400 Chicago, IL 60601 Telephone: 312-372-2209 AT&T MOBILITY: Lawsuit Says Free GoPhone Airtime Nonexistent ------------------------------------------------------------ Courthouse News Service reports that AT&T Mobility sold prepaid cell phones it calls "GoPhone" by promising they came with $10 of free airtime, but they did not, a class action claims in Los Angeles Superior Court. AWARD HOMES: Suit Claims 162 Houses Built in Calif. are Defective ----------------------------------------------------------------- Courthouse News Service reports that Award Homes built 162 defective houses in the Bella Vista subdivision, a class action claims in Monterey County Court, Calif. A copy of the Complaint in Cardenaz v. Award Homes, Inc., Case No. M101891 (Calif. Super. Ct., Monterey Cty.), is available at: http://www.courthousenews.com/2009/11/02/RealEstMont.pdf The Plaintiff is represented by: Luke P. Ryan, Esq. Michael T. Quinn, Esq. SHINNICK & RYAN LLP 1810 State Street San Diego, CA 92101 Telephone: 619-239-5900 BANK OF AMERICA: Charged with Altering Employee Time Sheets ----------------------------------------------------------- Courthouse News Service reports that Bank of America "routinely and illegally deletes overtime" from timesheets of its call- center employees, a class action claims in Wichita Federal Court. A copy of the Complaint in Schreiber v. Bank of America, N.A., Case No. 09-cv-01336 (D. Kan.), is available at: http://www.courthousenews.com/2009/11/02/EmployBofA.pdf The Plaintiff is represented by: George A. Hanson, Esq. Virginia Stevens Crimmins, Esq. STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: 816-714-7100 - and - Brendan J. Donelon, Esq. DONELON, P.C. 802 Broadway, 7th Floor Kansas City, MO 64105 Telephone: 816-221-7100 - and - Daniel W. Craig, Esq. DONELON, P.C. 1125 Grand Blvd., Suite 900 Kansas City, MO 64106 Telephone: 816-221-7770 CATERPILLAR INC: Suit Says Marine Engine Aftercoolers Defective --------------------------------------------------------------- Courthouse News Service reports that Caterpillar marine engines have defective aftercoolers, causing some engines to fail completely, a class action claims in Miami Federal Court. A copy of the Complaint in Breakstone v. Caterpillar, Inc., Case No. 09-cv-23324 (S.D. Fla.) (Moore, J.), is available at: http://www.courthousenews.com/2009/11/03/CCACater.pdf The Plaintiff is represented by: Kevin B. Love, Esq. CRIDEN & LOVE, P.A. 7301 S.W. 57th Court, Suite 515 South Miami, FL 33143 Telephone: 305-357-9000 - and - H. Nathan Resnick, Esq. Timothy G. Orlando, Esq. RESNICK & MOSS, P.C. 40900 Woodward Ave., Suite 111 Bloomfield Hills, MI 48304-5116 Telephone: 248-642-5400 - and - E. Powell Miller, Esq. Marc L. Newman, Esq. THE MILLER LAW FIRM, P.C. 950 West University, Suite 350 Rochester, MI 48307 Telephone: 248-841-2200 - and - Andrew J. Maloney, Esq. KREINDLER & KREINDLER, LLP 100 Park Ave., 18th Floor New York, NY 10017 Telephone: 212-687-8181 CHRIST COLLEGE: Cincinnati Student Nurses Say They Were Suckered ---------------------------------------------------------------- Melissa Thomas at Courthouse News Service reports that student nurses say The Christ Hospital reneged on its promise to forgive the cost of their tuition if the worked at the hospital for 3 years. Three nurses say in a class action that the hospital simply refused to hire them, to duck its obligations. In their complaint in Hamilton County Court, Jessica Beaty, Candice Lenhof and Chris Roedersheimer say The Christ Hospital induced time to sign Tuition Benefit Agreements [TBAs] that promised "tuition would be forgiven if they agreed to work full- time . . . for a continuous period of 36 months." The graduates say they "took all steps which they could reasonably take to secure an offer to work full-time," but Christ Hospital hired nurses from other nursing programs and refused to hire them. They claim the hospital "altered its business model . . . to employ nurses holding degrees higher than the degrees" they earned upon graduating from Christ's College of Nursing. The Christ Hospital has demanded they repay all tuition benefits received as part of the TBA. The class seeks judgment that there is "no obligation to repay the tuition or benefits" and compensatory, incidental and consequential damages. A copy of the Complaint in Beaty, et al. v. The Christ College of Nursing, Case No. A0910321 (Ohio Ct. Common Pleas, Hamilton Cty.), is available at: http://www.courthousenews.com/2009/11/03/Nurses.pdf The Plaintiffs are represented by: Michael E. Gilb, Esq. Timothy J. Grendell, Esq. 7547 Central Parke Blvd. P.O. Box 773 Mason, OH 45040 Telephone: 513-204-6703 COUNTRYWIDE FINANCIAL: 3rd Cir. Revives Mortgage Insurance Suit --------------------------------------------------------------- Nick McCann at Courthouse News Service reports that home buyers have a right to sue Countrywide Financial Corp. and an affiliate for allegedly running a mortgage insurance kickback scheme, even if the purported scam didn't result in higher premiums, the 3rd Circuit ruled. According to the borrowers, Countrywide forces buyers who put less than 20 percent down on their homes to buy private mortgage insurance through one of six providers chosen by Countrywide. These providers allegedly struck a deal with Countrywide to "reinsure" the policies with Countrywide affiliate Balboa Reinsurance Co. under a "captive reinsurance arrangement." This scheme allowed Countrywide to collect a portion of the private mortgage insurance premium - essentially a kickback for the referrals, according to the class action. Balboa has collected more than $892 million in reinsurance premiums since 1999 and paid nothing toward insurance claims, the borrowers alleged. The plaintiffs said the sham reinsurance led to higher premiums, but Countrywide argued that this wasn't the case. Because monthly premiums are set by the Pennsylvania Insurance Department, providers can't raise them, Countrywide claimed. The homeowners countered that even if their rates didn't change, the defendants' action still violated the Real Estate Settlement Procedures Act's antitrust protections. The district court dismissed the complaint for lack of standing, but the Philadelphia-based appeals court reversed. "What is before us for decision turns on a question of statutory interpretation -- does or does not the plain language of RESPA section 8 indicate that Congress created a private right of action without requiring an overcharge allegation?" Judge Barry explained. "We conclude that it does." The three-judge panel reversed and remanded. A copy of the slip opinion in Alston, et al. v. Countrywide Financial, et al., No. 08-4334 (3d Cir.), is available at: http://www.ca3.uscourts.gov/opinarch/084334p.pdf The trial court proceeding is Alston, et al. v. Countrywide Financial, et al., Case No. 07-cv-03508 (E.D. Pa.) (Giles, J.). DOLLAR FINANCIAL: Class Suit Alleges Unauthorized Practice of Law ----------------------------------------------------------------- Courthouse News Service reports that Dollar Financial Corp. and We the People USA practice law without a license, a class action claims in St. Louis County Court, Clayton, Mo. A copy of the undated Complaint in Jones, et al. v. Dollar Financial Corp., et al., Case No. ________ (Mo. Cir. Ct., St. Louis Cty., 21st J. Dist.), is available at: http://www.courthousenews.com/2009/11/03/LegalServ.pdf The Plaintiffs are represented by: Neil Smith, Esq. THE SMITH LAW FIRM, LLC 225 S. Meramec, Suite 532 Clayton, MO 63105 Telephone: 314-725-4400 E-mail: neil@neilsmithlaw.com Missouri's Case.net system at http://www.courts.mo.gov/casenet/ reports that Jones, et al. v. Dollar Financial Corp., et al., Case No. 09SL-CC0298 (Mo. Cir. Ct., St. Louis Cty., 21st J. Dist.), was dismissed without prejudice on Oct. 1, 2009. In that proceeding, the Defendants were represented by: Gerald P. Greiman, Esq. 1 North Brentwood Blvd., Suite 1000 St. Louis, MO 63105 DUBAI STAR: Fishermen Sue to Recoup Lost Profits After Oil Spill ---------------------------------------------------------------- Courthouse News Service reports that commercial fishermen joined a seafood processing company in a class action against the owners of the Dubai Star, which spilled oil into San Francisco Bay on Oct. 30. The class seeks $10 million in lost profits, in San Francisco Federal Court. A copy of the Complaint in Russo, et al. v. M/T Dubai Star, in rem, South Harmony Shipping, Inc., Pioneer Ship Management Services and Heidmar, Inc., Case No. 09-cv-5158 (N.D. Calif.), is available at: http://www.courthousenews.com/2009/11/02/DubaiStar.pdf The Plaintiffs are represented by: Anthony M. Urie, Esq. 18130 Midvale Ave N. Shoreline, WA 98133 Telephone: 206-542-4066 ENCORE ACQUISITION: Shareholders Sue To Get More from Denbury ------------------------------------------------------------- Courthouse News Service reports that directors of Encore Acquisition Co. are selling the company too cheaply to Denbury Resources, for $4.5 billion, or $15 cash and $35 in Denbury common stock for each Encore share, stockholders say in Delaware Chancery Court. A copy of the Complaint in Teamsters Allied Benefit Funds v. Encore Acquisition Company, et al., Case No. 5041 (Del. Ch. Ct.), is available at: http://www.courthousenews.com/2009/11/06/SCAEncore.pdf The Plaintiff is represented by: Maya Saxena, Esq. Joseph E. White, III, Esq. Christopher S. Jones, Esq. Lester R. Hooker, Esq. SAXENA WHITE P.A. 2424 North Federal Highway, Suite 257 Boca Raton, FL 33431 - and - Carmella P. Keener, Esq. ROSENTHAL MONHAIT & GODDESS, P.A. Citizens Bank Center 919 N. Market St., Suite 1401 P.O. Box 1070 Wilmington, DE 19801 Telephone: 302-656-4433 ESQUIRE DEPOSITION: 3rd Court Reporter Cheating Suit in N.J. ------------------------------------------------------------ Courthouse News Service reports that Esquire Deposition Services, court reporters, charges transcription rates for computer- generated word indexes attached to transcriptions of depositions, hearings and trials, a class action claims in Middlesex County Court, N.J. Previous reports about lawsuits against Esquire appear in the Sept. 17, 2009, and Sept. 24, 2009, editions of the Class Action Reporter. A copy of the Complaint in Colapinto v. Esquire Deposition Services LLC, et al., Docket No. L-8817-09 (N.J. Super. Ct., Middlesex Cty.), is available at: http://www.courthousenews.com/2009/11/06/LegalServ.pdf The Plaintiff is represented by: Cary L. Filtter, Esq. LUNDY, FLITTER, BELDECOS & BERGER, P.A. Five Greentree Centre, Suite 302 Marlton, NJ 08053 Telephone: 856-338-1300 - and - Micael J. Avanatti, Esq. Jason M. Frank, Esq. EAGAN O'MALLEY & AVENATTI, LLP 450 Newport Center Drive, Second Floor Newport Beach, CA 92660 Telephone: 949-706-7000 GAP INC: Credit Card Reward Points Practice Comes Under Fire ------------------------------------------------------------ Courthouse News Service reports that The Gap pushes its "Gap Silver" credit card by concealing that the "reward points" it offers have an expiration date, which is revealed only when a cashier peels away part of the card, a class action claims in Cook County Court. A copy of the Complaint in Iwan v. The Gap, Inc., Case No. ____CH41795 (Ill. Cir. Ct., Cook Cty.), is available at: http://www.courthousenews.com/2009/11/02/CCAGap.pdf The Plaintiff is represented by: Hall Adams, Esq. Law Offices of Hall Adams LLC ADVOCATES ROW 33 N. Dearborn St., Suite 2350 Chicago, IL 60602 Telephone: 312-445-4900 HEALTHMARKETS: Suit Challenges Insurance Premiums & Payments ------------------------------------------------------------ Courthouse News Service reports that Healthmarkets, MEGA Life and Health Insurance Co., and the National Association for the Self- Employed "maliciously" collected money for "preferred rates" that were not actually preferred rates, and maliciously underpaid claims, a class action claims in Oklahoma City Federal Court. A copy of the Complaint in McLaughlin, et ux. v. Healthmarkets, et al., Case No. 09-cv-01215 (W.D. Okla.) (DeGiusti, J.), is available at: http://www.courthousenews.com/2009/11/05/Insure.pdf The Plaintiffs are represented by: Ryan W. Hearne, Esq. Tony Gould, Esq. George H. Brown, Esq. BROWN & GOULD, PLLC 701 North Broadway, Suite 510 Oklahoma City, OK 73102 Telephone: (405) 235-4500 HOLIDAY SYSTEMS: Ohio Lawsuit Asserts Timeshare Fraud Claims ------------------------------------------------------------ Courthouse News Service reports that Holiday Systems International, and Monterey Financial Services defrauded customers in timeshare deals, a class action claims in Montgomery County Court, Dayton, Ohio. A copy of the Complaint in Weinert, et al. v. Holiday Systems International, et al., Case No. 09-8861 (Ohio Common Pleas Ct., Montgomery Cty.), is available at: http://www.courthousenews.com/2009/11/03/Commerce.pdf The Plaintiffs are represented by: Laurence A. Lasky, Esq. LASKY & SCHARRER One First National Plaza, Suite 830 130 W. Second Street Dayton, OH 45402 Telephone: 937-222-6699 KBR INC: Accused, with Halliburton, of Exposing People to Poisons ----------------------------------------------------------------- Anne Henderson at Courthouse News Service reports that KBR and Halliburton poisoned U.S. troops and civilian contractors by burning an immense variety of toxic, unsorted wastes in Iraq and Afghanistan to cut costs and preserve profits, according to a federal class action. The class claims at least 100,000 people were endangered by the contractors' "utter indifference to and conscious disregard" of troops' welfare. The class claims the Pentagon contractors, "motivated by financial gain," ignored contract requirements minimize risks, environmental effects and human exposure to toxic fumes when disposing of waste. Instead, the contractors cut corners and burned huge amounts of waste in open pits; fire and smoke rose hundreds of feet into the air, emitting toxic gases and carcinogens. The complaint says KBR and Halliburton burned "every type of waste imaginable," including trucks, tires, lithium batteries, Styrofoam, rubber, petroleum, lubricants, metals, hydraulic fluids, munitions boxes, medical waste, biohazard materials, human corpses, medical supplies, paints, solvents, asbestos insulation, pesticides, polyvinyl chloride pipes, animal carcasses, dangerous chemicals and hundreds of thousands of plastic water bottles. Lead plaintiff George Lundy of Idaho worked for KBR building burn pits and is undergoing chemotherapy to treat the colon cancer he says is a result of his repeated exposure to the gases and fumes. The class seeks damages in district court for physical injuries, emotional distress, fear of disease, and need for continued medical care. A copy of the Complaint in Lundy v. KBR, Inc., et al., Case No. 09-cv-00570 (D. Id.), is available at: The Plaintiff is represented by: Curtis D. McKenzie, Esq. AUGUSTINE & MCKENZIE PLLC 1004 W. Fort Street Boise, ID 83702 Telephone: (208) 367-9400 - and - Susan L. Burke, Esq. Elizabeth M. Burke, Esq. Susan M. Sajadi, Esq. BURKE O'NEIL LLC 1000 Potomac Street, Suite 150 Washington DC 20007 Telephone: (202) 232-5504 KELLOGG CO: Suit Challenges Cocoa Krispies' Immunological Claims ---------------------------------------------------------------- Courthouse News Service reports that a class action claims Kellogg falsely advertises that eating Cocoa Krispies will "help support your child's immunity," in Los Angeles Federal Court. A copy of the Complaint in Kammula v. Kellogg Company, et al., Case No. 09-cv-08102 (C.D. Calif.), is available at: http://www.courthousenews.com/2009/11/06/Kellogg.pdf The Plaintiff is represented by: Wayne S. Kreger, Esq. Sara D. Avila, Esq. MILLSTEIN, ADELMAN & KREIGER, LLP 2800 Donald Douglas Loop North Santa Monica, CA 90405 Telephone: 310-396-9600 - and - Howard W. Rubinstein, Esq. LAW OFFICES OF HOWARD WEIL RUBINSTEIN P.O. Box 4839 Aspen, CO 81611 Telephone: 832-715-2788 - and - Joe Whatley, Jr., Esq. WHATLEY DRAKE KALLAS 1540 Broadway, 37th Floor New York, NY 10036 Telephone: 212-447-7070 LEHMAN BROTHERS: Investors Gripe About Real Estate Sales Prices --------------------------------------------------------------- Courthouse News Service reports that a class action claims Lehman Bros. Real Estate Associates defrauded investors of $53 million buying real estate from its corporate parent during its financial disaster, at prices far above "fair value," in Manhattan Federal Court. The case is Fried, et al. v. Lehman Brothers Real Estate Associates III, L.P., and Lehman Brothers Private Equity Advisers, LLC, et al., Case No. 09-cv-09100 (S.D.N.Y.). The Plaintiffs are represented by: Robert Ted Parker, Esq. 7 Mira Loma Road Orinda, CA 94563 Telephone: (415) 412 1615 Fax: 925 254 8011 E-mail: robert.ted.parker@gmail.com - and - Arthur Russell, Esq. 14 Wall Street, 22nd floor New York, NY 10005 Telephone: 212-732-7800 Fax: 973-661-4646 E-mail: arthur@attorneyrussell.com LIBERTY LIFE: Insurer Charged with Fraud in W.D. Okla. Lawsuit -------------------------------------------------------------- Dan McCue at Courthouse News Service reports that a Boston-based insurer preyed on disabled policyholders, fraudulently inducing them to grant liens that allowed the company to recoup from Social Security or Workers Comp the benefits it paid, according to a class action in Oklahoma City Federal Court. Lead plaintiffs Larry Fortelney and Brandon Stoup sued Liberty Life Assurance Co. of Boston; the Bassett Law Firm; Bassett, Nelson & Associates; Greta Bassett; and John R. Nelson. Bassett and Nelson are attorneys Liberty employed on "behalf" of its policyholders, according to the complaint, which claims the defendants conspired to violate state and federal laws to collect the payments. Other causes of action include fraud, deceit, breach of contract, breach of fiduciary duty, conversion, unjust enrichment, and violation of the Fair Debt Collection Act. Messrs. Fortelney and Stoup were injured at work and each was told he was qualified for long-term disability benefits. Both say the insurer provided them with a fact sheet that said their policy required them to apply for Social Security disability benefits or workers compensation. They say the fact sheet states that much of the initial money paid out by Liberty was "advanced to you while you were awaiting [the relevant agency's] decision, and you must pay it back to Liberty immediately." This was just one of a raft of misleading statements on the sheet, intended to make the policyholder think Liberty advanced them money to which they were not otherwise entitled, according to the complaint. The fact sheet also said that if a Liberty case manager determined the policyholder needed assistance to secure government benefits, a lawyer would be provided at no cost. This service "frees them from the frustration of repaying the insurance company" on their own, the complaint states. In reality, Messrs. Fortelney and Stoup say, the scheme is intended to ensure that Liberty's policyholders get Social Security benefits to pay to Liberty. That's because policyholders are made to sign an agreement stating Liberty has a first lien on all such benefits until the insurer is repaid in full for payments it has made. The class claims this violates the Social Security Act, which prohibits the transfer or assignment of Social Security benefits; and the Oklahoma Workers Compensation Act, which prohibits benefits from being subject to levy, attachment or other remedies related to the recovery of a debt. The defendant lawyers have "unavoidable conflicts of interest in their dual representation of Liberty and its policyholders," the class claims. "Furthermore, the lawyers provide little actual service with regard to the overpayment because Liberty calculates the overpayment and the lawyers simply rubber stamp it. The lawyers rarely, if ever, attempt to negotiate down the lien claimed by Liberty." Messrs. Fortelney and Stoup say they received balloon payments from government agencies, then had to write checks for nearly the full amounts to the insurer. They say these payments were based on grossly overstated alleged overpayments by the insurer. They seek actual and punitive damages and injunctive relief. A copy of the Complaint in Fortelney, et al. v. Liberty Life Assurance Company of Boston, et al., Case No. 09-cv-1205 (W.D. Okla.), is available at: http://www.courthousenews.com/2009/11/06/OklaInsureCA.pdf The Plaintiffs are represented by: William B. Federman, Esq. Jennifer S. Montagna, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Avenue Oklahoma City, OK 73120 Telephone: (405) 235-1560 - and - R. Robyn Assaf, Esq. 4312 Classen Blvd. Oklahoma City, OK 73118 Telephone: (405) 525-0777 MDL 1735: Wal-Mart Gets Final Approval of Wage & Hour Settlement ---------------------------------------------------------------- Courthouse News Service reports that Wal-Mart Stores Inc. got the final okay to settle millions of workers' wage complaints for $65 million to $85 million. U.S. District Judge Philip Pro in Las Vegas gave final approval of the settlement covering 39 class actions from several states against the world's largest retailer last week in In re Wal-Mart Wage and Hour Employment Practices Litigation, MDL No. 1735; Master Docket No. 06-cv-00225 (D. Nev.). Judge Pro ruled that attorneys will get one-third of the total settlement, or as much as $28 million. "Class Counsel have achieved an exceptionally favorable result for the members of the settlement classes by diligently pursuing this complex litigation for years despite the substantial risk of no recovery," Judge Pro wrote. Workers claimed the company failed to pay them for overtime, doctored time cards and prevented them from taking breaks. MERCEDES-BENZ: Accused of Peddling Cars with Defective Wheel Rims ----------------------------------------------------------------- Courthouse News Service reports that Mercedes-Benz has been selling and leasing cars with defective 17-, 18- and 19-inch rims since 2006, a class action claims in Newark Federal Court. A copy of the Complaint in Luppino, et al. v. Mercedes-Benz USA, LLC, Case No. 09-cv-05582 (D. N.J.) (Cavanaugh, J.), is available at: http://www.courthousenews.com/2009/11/05/Mercedes.pdf The Plaintiffs are represented by: Mark C. Gardy, Esq. James S. Notis, Esq. Kelly A. Noto, Esq. Charles A. Germershausen, Esq. GARDY & NOTIS, LLP 560 Sylvan Avenue Englewood Cliffs, NJ 07632 Telephone: 201-567-7377 - and - Douglas Hirsch, Esq. Francis Bigelow, Esq. Charles Dufresne, Esq. SADIS & GOLDBERG LLP 551 Fifth Avenue, 21st Floor New York, NY 10176 Telephone: 212-573-6660 - and - Steven N. Berk, Esq. Michael P. Lewis, Esq. BERK LAW PLLC 1225 15th Street, NW Washington, DC 20005 Telephone: 202-232-7550 - and - Nadeem Faruqi, Esq. FARUQI & FARUQI, LLP 369 Lexington Avenue, 10th Floor New York, NY 10016 Telephone: 212-983-9330 MINNESOTA: Class Suit Challenges Health Program Funding Cuts ------------------------------------------------------------ Courthouse News Service reports that a class action claims Minnesota Gov. Tim Pawlenty illegally reduced funding for two programs that primarily benefit the poor, elderly and disabled, to try to balance next year's budget, in Ramsey County Court, St. Paul. A copy of the Complaint in Brayton, et al. v. Pawlenty, et al., Case No. 62CV-09-11693 (Minn. Dist. Ct., 2nd J. Dist., Ramsey Cty.), is available at: http://www.courthousenews.com/2009/11/05/GovMinn.pdf The Plaintiffs are represented by: Galen Robinson, Esq. David Gassoway, Esq. MID-MINNESOTA LEGAL ASSISTANCE 430 First Avenue North, Suite 300 Minneapolis, MN 55401 Telephone: 612-332-1441 - and - Ralonda J. Mason, Esq. 830 W. St. Germain, Suite 300 P.O. Box 886 Saint Cloud, MN 56302 Telephone: 320-253-0121 OKLAHOMA: Suit Wants Trauma Care Fees Declared Unconstitutional --------------------------------------------------------------- Courthouse News Service reports that a class action challenges fees for criminal cases and for driver's licenses that Oklahoma uses for its trauma care assistance revolving fund. The class claims the fees are unconstitutional. The class claims the state doesn't need all that money for its trauma care fund. Ninety percent of the money it collects for the fund must be used to reimburse trauma care hospitals, ambulance companies and doctors "for uncompensated trauma care expenditures." The class challenges the state's $5.50 fees for driver's licenses; its $200 fee for suspension or revocation of a driver's license; and a 10 percent administrative fee for criminal court costs. It wants an accounting and money back. A copy of the Complaint in Fairchild c. State of Oklahoma ex rel. Office of the Oklahoma County Court Clerk, et al., Case No. CJ-2009-10700 (Okla. Dist. Ct., Okla. Cty.), is available at: http://www.courthousenews.com/2009/11/05/OklaFee.pdf The Plaintiff is represented by: Stanley M. Ward, Esq. Woodrow J. Glass, Esq. Scott F. Brockman, Esq. Scott K. Thomas, Esq. Zachary K. Bradt, Esq. WARD & GLASS, LLP 1821 East Imhoff, Suite 102 Norman, OK 73071 Telephone: 405-360-9700 POWER WINDOW: Class Action Suit Says Contracts Are Unenforceable ---------------------------------------------------------------- Courthouse News Service reports that Power Windows & Siding provides unenforceable contract with hidden and illegal arbitration provisions and without financing terms, a class action claims in Camden County Court, N.J. A copy of the Complaint in Zayas v. Power Windows & Siding, Docket No. CAM-L-5454-09 (N.J. Super. Ct., Camden Cty.), is available at: http://www.courthousenews.com/2009/11/06/CommerceWindows.pdf The plaintiff is represented by: Charles N. Riley, Esq. 900 N. Kings Highway, Suite 308 Cherry Hill, NJ 08034 Telephone: 856-667-4666 PROCTER & GAMBLE: Suit Challenges Vicks' Swine Flu Claims --------------------------------------------------------- Courthouse News Service reports that Procter & Gamble falsely advertised that Vicks Dayquil and Nyquil with vitamin C could help fight off swine flu, according to two class actions in Cincinnati Federal Court. A copy of the Complaint in Inocenio v. The Procter & Gamble Company, Case No. 09-cv-00813 (S.D. Ohio) (Barrett, J.), is available at: http://www.courthousenews.com/2009/11/05/SwineFlu.pdf The Plaintiff is represented by: Mark C. Gardy, Esq. James S. Notis, Esq. GARDY & NOTIS, LLP 560 Sylvan Ave. Englewood Cliffs, NJ 07632 Telephone: 201-567-7377 - and - Christian A. Jenkins, Esq. MINNILLO & JENKINS, Co. LPA 2712 Observatory Ave. Cincinnati, OH 45208 Telephone: 513-723-1600 PULMUONE CORP: Shareholders Sue in Calif. to Block Transaction -------------------------------------------------------------- Courthouse News Service reports that directors are selling Pulmuone Corp. for an unfair $2.70 a share, shareholders say in Monterey County Court, Calif. RELACOR LITIGATION: Manufactures & Retailers Sued in C.D. Calif. ---------------------------------------------------------------- Courthouse News Service reports that Basic Research, The Carter- Reed Co., and Dynakor Pharmacal, all of Utah, defrauded thousands of people with their bogus "Belly Fat Pill," Relacore, and General Nutrition Corp., CVS Caremark, Wal-Mart and Target sold it, a class action claims in Los Angeles Federal Court. The USA sued Basic, Carter-Reed and Dynakor on a similar complaint in Federal Court. A copy of the Complaint in Dysthe, et al. v. Basic Research, L.L.C., et al., Case No. 09-cv-08013 (C.D. Calif.), is available at: http://www.courthousenews.com/2009/11/03/DietSupp.pdf The Plaintiffs are represented by: Brian S. Kabeteck, Esq. Richard L. Kellner, Esq. Alfredo Torrijos, Esq. KABATECK BROWN KELLNER LLP 644 South Figueroa Street Los Angeles, CA 90017 Telephone: 213-217-5000 RESORT CONDOMINIUMS: Accused of Misleading Time Share Purchasers ---------------------------------------------------------------- Courthouse News Service reports that Resort Condominiums International sold time shares with a string of lies, a class action claims in Newark Federal Court. A copy of the Complaint in Crete v. Resort Condominiums International, LLC, Case No. 09-cv-_____ (complaint docketed Nov. 5, 2009, as Doc. 7057 in Case No. 33-av-00001) (D. N.J.), is available at: http://www.courthousenews.com/2009/11/06/CCATimesh.pdf The Plaintiff is represented by: Roberto Cuan, Esq. CUAN & SINGH, P.C. 1341 Teaneck Road Teaneck, NJ Jersey 07666 Telephone: (201) 837-8788 - and - Craig Stuart Lanza, Esq. BALESTRIERE LANZA PLLC 225 Broadway, Suite 2900 New York, NY 10007 Telephone: (212) 374-5404 Court records indicate that Ms. Crete sued Resort Condominium International, LLC, Case No. 09-cv-02080 (D. N.J.) (Debevoise, J.), on May 1, 2009, was represented by Mr. Cuan and: Yasmeen A. Allen, Esq. 360 West 55th Street New York, NY 10019 Telephone: (646) 522-5523 in that case, and that proceeding was terminated on Oct. 15, 2009. SAMSUNG ELECTRONICS: N.J. Class Action Attacks Projection TVs ------------------------------------------------------------- Courthouse News Service reports that Samsung sells Digital Light Projection TVs with a defective chip that makes the screen "progressively fill with white dots," giving it a "starry night" effect, a class action claims in Newark Federal Court. A copy of the Complaint in Cubillo v. Samsung Electronics America, Inc., Case No. 09-cv-05583 (D. N.J.) (Cavanaugh, J.), is available at: http://www.courthousenews.com/2009/11/05/CCASamsung.pdf The Plaintiff is represented by: James E. Cecchi, Esq. CARELLA, BYRNE, BAIN, GILFILLAN, et al. 5 Becker Farm Rd. Roseland, NJ 07068 Telephone: (973) 994-1700 - and - Jeffrey A. Leon, Esq. Eric C. Brunick, Esq. FREED & WEISS LLC 111 West Washington Street, Suite 1331 Chicago, IL 60602 Telephone: (312) 220-0000 - and - Jonathan Shub, Esq. Scott Alan George, Esq. SEEGER WEISS 1515 Market Street, Suite 1380 Philadelphia, PA 19102 Telephone: (215) 564-2300 - and - Jim S. Calton, Jr., Esq. CALTON & CALTON Post Office Box 895 Eufaula, AL 36072-0895 Telephone: (334) 687-3563 SAPPHIRE GENTLEMAN'S: Topless Dancer Files Class Action Lawsuit --------------------------------------------------------------- Nick Divito at Courthouse News Service reports that dancers at a topless nightclub say in a class action that they are being stiffed on overtime and regular wages, slapped with excessive fees, denied mandatory breaks and forced to wear uniforms at their own expense. Dancer Zuri-Kinshasa Maria Terry filed the suit in Clark County Court against Sapphire Gentleman's Club. Ms. Terry says strippers aren't independent contractors, but regular employees entitled to wages and overtime. Aside from the lack of overtime pay and not getting regular breaks, plaintiff says she and other dancers are required to work a minimum number of hours in a shift, as much as six hours or longer, and that the club doesn't keep accurate payroll records. She also says dancers are required to wear certain uniforms at their own expense, work certain shifts, and that they're prohibited from leaving work without permission or from leaving with or dating customers. She also says dancers are required to pay the "house mom," the DJ, the manager, bartenders and security guards part of their money -- all on top of their required "house fee" and "off-stage fee" during their shift. The suit comes a year after the Nevada Supreme Court allowed a similar class action against another topless club to proceed for allegedly violating Nevada's Wage and Hour Laws. Federal law allows an employer to offset an employee's tips against the minimum wage. State laws prohibits such offsets. Ms. Terry wants all unpaid wages, mandatory breaks and to have Sapphire pay for uniforms and dry cleaning, among other things. She is represented by Thomas Christensen, Esq. SESAC, LLC: Television Music Antitrust Suit Filed in S.D.N.Y. ------------------------------------------------------------- Barbara Leonard at Courthouse News Service reports that a company that licenses music for television programs committed egregious antitrust violations, station owners claim in a federal class action. The class of 250 local commercial television stations, including chains that collectively own more than 1,000 local stations, claims SESAC conspired to fix prices for "virtually all" music broadcast on local stations. Television programs almost always contain music, whether in the theme or background or just to transition between commercials, and station must obtain rights to each composition to avoid copyright infringement, according to the complaint. The class claims that SESAC is one of three organizations that offer rights to "virtually all" music broadcast by local stations -- and is the only for-profit organization. The Justice Department has been enforcing an antitrust judgment against the other two organizations -- Broadcast Music Inc. (BMI) and the American Society of Composers, Authors and Publishers, or ASCAP -- for the past 50 years, according to the complaint. SESAC was not included in the original lawsuit and is not subject to judgment's limitations, and the class claims it has been flaunting this freedom to great commercial success. Local stations cannot select, alter or remove the music that accompanies a certain program, and the companies that own the rights to the compositions hold all the bargaining power. Without music licenses, a station could not broadcast popular syndicated programs such as "Seinfeld" or "Entertainment Tonight," according to the complaint. The class alleges that SESAC commits the same or worse antitrust offenses than those that drew the Justice Department's attention decades ago. It claims SESAC has "strategically raided" the other two organizations to collect compositions that are in demand. SESAC's anticompetitive behavior includes charging all-or-nothing blanket licensing fees just to get access to its repertory of music, according to the complaint. The class claims that there is no way for a station to tell whether it needs to use SESAC unless SESAC says it does. Whether a station uses one composition from the repertory once, or it uses 1,000 per day, the stations say SESAC gouges them with the same inflated fee. They also claim that SESAC refuses to negotiate and threatens them with damaging copyright infringement lawsuits. The class seeks an injunction and treble damages, alleging conspiracy, price-fixing, copyright misuse and monopolization. Lead plaintiff Meredith Corp. is joined by E.W. Scripps Co., Scripps Howard Broadcasting, Channel 7 of Detroit, Hoak Media and others. The case is Meredith Corp., et al. v. SESAC, LLC, Case No. 09-cv-09177 (S.D.N.Y.) (Buchwald, J.). The Plaintiffs are represented by: Helene Debra Jaffe, Esq. WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, NY 10153 Telephone: 212-310-8000 SKYWIDE CAPTAL: Shareholders Want More Money from Sinoenergy ------------------------------------------------------------ Courthouse News Service reports that Skywide Capital Management is selling itself too cheaply to its largest shareholder, Sinoenergy Corp., for $1.90 a share or $30.3 million, shareholders say in Clark County Court, Las Vegas. STORM8 LLC: Game Maker Accused of Stealing iPhone Numbers --------------------------------------------------------- Maria Dinzeo at Courthouse News Service reports that a maker of games for the Apple iPhone and iPod Touch illegally collected players' phone numbers, according to a federal class action. The class claims Storm8, creator of "iMobster," "Racing Live," and "Vampires Live," wrote its software to collect players' phone numbers automatically, without players' consent or knowledge when they download the games. Storm8 acknowledged on Aug. 26 that it used backdoor methods to get the phone numbers, according to the complaint. It issued an apology "for the oversight," which it blamed on a "bug that has been fixed," the class says. The class demands damages and restitution wants Storm8 ordered to delete their personal information. A copy of the Complaint in Turner v. Strom8, LLC, Case No. 09-cv-05234 (N.D. Calif.), is available at: http://www.courthousenews.com/2009/11/06/Storm8.pdf The Plaintiff is represented by: Alan Himmelfarb, Esq. KAMBEREDELSON, LLP 2757 Leonis Blvd. Vernon, CA 90058 Telephone: 323-585-8696 - and - Jay Edelson, Esq. Michael J. Aschenbrener, Esq. KAMBEREDELSON, LLC 350 N. LaSalle St., Suite 1300 Chicago, IL 60654 Telephone: 312-589-6370 SUMMER INFANT: Sued, with Toys "R" Us, Over Baby Monitor Snooping ----------------------------------------------------------------- Tim Hull at Courthouse News Service reports that Toys R Us sells a "Summer Day and Night Video Monitor" that can be used to spy on the baby next door, according to a class action in Cook County Court. An Illinois man says he and his neighbor both bought one of the video baby monitors and found out they could each see and hear the other's baby. "This gives rise to serious safety and privacy concerns for consumers who have unwittingly purchased and are using the monitors believing that in doing so, their children and household members are safe and in the privacy of their home when, in fact, by virtue of the monitors' capabilities, they are not," according to the complaint. Lead plaintiff Wes Denkov says neither the manufacturer, Providence, R.I.-based Summer Infant, nor Babies R Us or Toys R Us warns about this. Mr. Denkov says that when he tried to get his money back, Summer Infant told him to buy a more expensive model and refused to refund his $100. Mr. Denkov wants his money back, plus class damages for negligence, unjust enrichment, unfair and deceptive trade and breach of implied warranty. He also wants the companies enjoined from selling the monitors without "adequate warning." A copy of the Complaint in Denkov v. Summer Infant, Inc., et al., Case No. 2009L012914 (Ill. Cir. Ct., Cook Cty.), is available at: http://www.courthousenews.com/2009/11/03/ToysWatch.pdf The Plaintiff is represented by: Nicole N. Auerback, Esq. Henry E. Turner, Esq. Lisa R. Castle, Esq. VALOREM LAW GROUP LLC 35 E. Wacker Dr., Suite 2900 Chicago, IL 60601 Telephone: 312-676-5460 - and - Aron D. Robinson, Esq. THE LAW OFFICE OF ARON D. ROBINSON 19 S. LaSalle St., Suite 1200 Chicago, IL 60603 Telephone: 312-857-9050 - and - Lance Raphael, Esq. THE CONSUMER ADVOCACY CENTER, PC 180 W. Washington, Suite 700 Chicago, IL 60602 Telephone: 312-782-5808 WELLS FARGO: Sued, with BNY Mellon, for Medical Note Losses ----------------------------------------------------------- Courthouse News Service reports that Wells Fargo Bank and Bank of New York Mellon "rubber stamped" six Medical Provider Funding Corporations' demands for fees, letting the corporations rake in $325 million in "a Ponzi-like scheme," a class action claims in Santa Ana, Calif., Federal Court. A copy of the Complaint in Rapoport v. Wells Fargo Bank, et al., Case No. 09-cv-01267 (C.D. Calif.), is available at: http://www.courthousenews.com/2009/11/05/Banks.pdf The Plaintiff is represented by: Jeff S. Westerman, Esq. MILBERG LLP One California Plaza 300 S. Grand Ave., Suite 3900 Los Angeles, CA 90071 Telephone: 213-617-1200 - and - Benjamin Y. Kaufman, Esq. Andrei Rado, Esq. Ted J. Swiecichowski, Esq. MILBERG LLP One Pennsylvania Plaza, 49th Floor New York, NY 10119 Telephone: 212-594-5300 The Complaint notes that this action is related to Securities and Exchange Commission v. Medical Capital Holdings, Inc., Case No. 09-cv-00818 (C.D. Calif.) (Carter, J.). New Securities Fraud Cases AVANIR PHARMACEUTICALS: Shareholders Complain About Zenvia Hype --------------------------------------------------------------- Courthouse News Service reports that Avanir Pharmaceuticals inflated its share price through false and misleading statements about its Zenvia drug, and its alleged use for pseudobulpar effect, which causes sudden laughing, crying or other emotional displays, shareholders claim in San Diego Federal Court. A copy of the Complaint in Vaughn v. Avanir Pharmaceuticals, Inc., et al., Case No. 09-cv-02436 (S.D. Calif.), is available at: http://www.courthousenews.com/2009/11/04/SCA.pdf The Plaintiff is represented by: Michael J. Aguirre, Esq. Christopher S. Morris, Esq. Maria C. Severson, Esq. AGUIRRE MORRIS & SEVERSON 444 West C Street, Suite 210 San Diego, CA 92101 Telephone: 619-876-5364 - and - Robert Scott Dreher, Esq. Matthew R. Miller, Esq. Carlos Americano, Esq. DREHER LAW FIRM 835 Fifth Avenue, Suite 202 San Diego, CA 92101 Telephone: 619-230-8828 HANSEN MEDICAL: Coughlin Files Shareholder Suit in N.D. Calif. -------------------------------------------------------------- Courthouse News Service reports that Hansen Medical inflated its share price through false and misleading statements, shareholders say in San Jose Federal Court. A copy of the Complaint in Livingstone v. Hansen Medical, Inc., et al., Case No. 09-cv-05212 (N.D. Calif.), is available at: http://www.courthousenews.com/2009/11/05/SCAHansen.pdf The Plaintiff is represented by: Shawn A. Williams, Esq. COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: 415-288-4545 - and - Darren J. Robbins, Esq. David C. Walton, Esq. Catherine J. Kowalewski, Esq. COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619-231-7423 ********* 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 publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 240/629-3300. * * * End of Transmission * * *