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

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

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