CAR_Public/091118.mbx             C L A S S   A C T I O N   R E P O R T E R

          Wednesday, November 18, 2009, Vol. 11, No. 228
  
                            Headlines

ADVENTURE PLAYSETS: Recalls 281,800 Wooden Play Sets
AMX: Recalls 6,400 Rechargeable Batteries
BAD BOY ENTERPRISES: Recalls 3,900 Off-Road Vehicles
BELKIN INTERNATIONAL: Recalls 68,700 SurgeMaster Surge Protectors
BLAIR LLC: Recalls Another 132,000 Pieces of Chenille Clothing

CAMBRIDGE SILVERSMITHS: Recalls 13,000 Sets of Flatware
COBY ELECTRONICS: Recalls 19,600 Rechargeable Batteries
COYNE & COMPANY: Recalls 7,800 Haunted House Candle Holders
EASTON SPORTS: Recalls 6,400 Bicycles with EA30 Stems
GANDER MOUNTAIN: Recalls 13,000 Treestands

GEHL FOODS: Recalls 115,000 Nacho Cheese & Chili Sauce Dispensers
HANOVER DIRECT: Recalls 90,000 Faux Suede Roman Shades
HELLER EHRMAN: Former Associate Objects to Bankruptcy Settlement
HEMISPHERX BIOPHARMA: Says Securities Fraud Suits Without Merit
HOMELITE CONSUMER: Recalls 85,000 Homelite Backpack Blowers

IDEA VILLAGE: Recalls 1.3 Million Wireless Light Switches
IKEA HOME: Recalls 533,000 ISDANS, TUPPLUR, & ENJE Roller Blinds
LIFE IS GOOD: Recalls 15,000 Fall 2009 Newbury Travel Mugs
LOUIS HORNICK: Recalls 364K Dublin Energy Solutions Roman Shades
MACLAREN USA: Recalls One Million Strollers

MACPHERSON'S: Recalls 10,000 Young Artist Easels
MDL 1945: Feb. 17 Hearing on $89 Mil. State Street Settlement
NOVARTIS AG: Female Sales Reps Get Apr. 7, 2010, Jury Trial Date
NUTRISYSTEM INC: Securities Litigation is Thrown Out
NVIDIA CORPORATION: 9th Cir. Says Lead Counsel Appointment Wrong

PFIZER INC: Health Plans Drop Lipitor Drug RICO Suit
SAMSUNG ELECTRONICS: Recalls 43,000 Over-Range Microwave Ovens
SONY ELECTRONICS: Recalls 69,000 Sony VAIO Computer AC Adapters
T & L TRADING: CPSC Says Stop Using My Baby Soother" Pacifiers
TARGET CORP: Recalls 610,000 Halloween Flashlights

TWEEN BRANDS: Del. Ct. Clarifies Lead Counsel Selection Process
U.S. TOBACCO: $40 Million of Unclaimed Funds Going to Charities
VERIZON: Defeats Billion-Dollar ERISA Action Over Lawyer's Typo

                            *********

ADVENTURE PLAYSETS: Recalls 281,800 Wooden Play Sets
----------------------------------------------------
The U.S. Consumer Product Safety Commission and Health Canada, in
cooperation with Adventure Playsets, of Amarillo, Tex., announced
a voluntary recall of about 281,800 Adventure Playsets Wooden
Play Sets.  Consumers should stop using recalled products
immediately unless otherwise instructed.

The plastic coated lumber on the horizontal ladder (monkey
bar/swing beam) can weaken over time due to rotting of the
whitewood (spruce, pine and fir species), resulting in a fall
hazard.

Adventure Playsets has received more than 1,400 reports of
rotting ladders involving 16 injuries that resulted in nine
emergency room visits. The injuries include two arm fractures,
lacerations, scrapes, and bruises to children younger than 8
years old. Most of the reported injuries occurred when the swing
came out of the monkey bar/ swing beam that had rotted.

This recall involves wooden play sets with swings, slides and
ladders. Each set has an overhead monkey bar ladder that acts as
both the monkey bar and swing beam, and an end ladder coated with
cranberry or green plastic. The instruction manual has the name
"Adventure Playsets" and one of these model numbers printed on
the cover:

          Durango 1-AP016 and 1- AP018
          Yukon 1-AP052
          Tacoma 1- AP017 and 1-AP051
          El Dorado 1-AP016  
          Bellevue 1-AP048, and 1-AP012
          Dakota 1- AP046
          Sherwood 1-AP049
          Sedona 1- AP002
          Ventura 1-AP008
          Madison 1- AP006 and 1-AP015
          Belmont 1-AP003   

Pictures of the recalled play sets are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10029.html

The Bellevue, Tacoma and Durango swing sets were previously
recalled due to detaching frames and a fall hazard.

The recalled play sets were manufactured in the United States and
sold at Walmart, Toys R Us, Academy Sports, Menards, and Mill
stores nationwide, and online at Walmart.com, ToyRUs.com,
Willygoat.com and through the DMSI catalog from January 2004
through December 2007 for between $300 and $600.

Consumers should immediately stop using the swing sets and
contact Adventure Playsets to receive a replacement kit.  
For more information, contact Adventure Playsets toll-free at
(877) 840-9068 between 8:00 a.m. and 5:00 p.m., Central Time,
Monday through Friday, or visit the firm's Web site at
http://www.adventureplaysets.com/or contact the firm by e-mail  
at custservice@adventureplaysets.com

All recalled swing sets have a horizontal ladder that acts as
both a monkey bar and swing beam, and an end latter coated with
cranberry or green plastic. The replacement kit includes the
horizontal ladder and the vertical end truss support pieces.


AMX: Recalls 6,400 Rechargeable Batteries
-----------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
AMX, of Richardson, Tex., announced a voluntary recall of about
6,400 Rechargeable Batteries sold with MVP 5000 Series Wireless
Touch Panels.  Consumers should stop using recalled products
immediately unless otherwise instructed.

Touch panels left uncharged for more than three months can fail,
causing the battery to rupture. This poses a fire and burn hazard
to consumers.

No incidents or injuries have been reported to date.  

This recall involves AMX 5000 series (MVP-5100, MVP-5150, MVP-
5200i) wireless touch panels. The model number can be found on a
label on the back of the unit. These touch panels can be used as
remote controls for residential or commercial audio/visual
systems. AMX 5000 series touch panels are available in black or
white and include a 5.2" wide screen color LCD display. The touch
panel's dimensions are 4 3/4" x 7-9/16" x 13/16".  Pictures of
the recalled batteries are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10035.html

The batteries were manufactured in the United States and Mexico
and were sold by AMX dealers nationwide from May 2008 through
June 2009 for between $2,400 and $4,200.

Consumer should immediately stop using the touch panels and
contact AMX for instructions on how to receive a replacement
battery at no cost.  For additional information, contact AMX at
(800) 222-0193 between 6:00 a.m. and 6:00 p.m., Eastern Time,
Monday through Friday, visit the firm's Web site at
http://www.amx.com/or e-mail the firm at service@amx.com and  
reference "XPX5000B."


BAD BOY ENTERPRISES: Recalls 3,900 Off-Road Vehicles
----------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Bad Boy Enterprises LLC, of Natchez, Miss., announced a voluntary
recall of about 3,900 Classic Buggies.  Consumers should stop
using recalled products immediately unless otherwise instructed.

The off-road vehicles can accelerate without warning, posing a
risk of injury to the user and bystanders.

Bad Boy Enterprises has received 32 reports of unexpected
acceleration, including reports of injuries such as a fractured
toe, rotator cuff injury and sore muscles.

This recall involves Bad Boy Buggy Standard model off-road
utility vehicles. The Bad Boy Buggy Standard model has one row
seat that allows two persons (the driver and passenger) to sit
side-by-side while the vehicle is operated.  The Standard has an
open-air design (no doors or windows), but has a roof. The Bad
Boy Buggy Standard models come in Realtree camouflage pattern,
Hardwoods camouflage pattern, hunter green, red and black colors.
The affected models have serial numbers between 85004828 and
95010404.  The serial number is located on a sticker in a cubby
on the driver's side.  A picture of the recalled product is
available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10015.html

The vehicles were manufactured in the United States and sold by
authorized dealers nationwide from June 2007 through July 2009
for about $10,000.

Consumers should immediately stop using the buggies and contact
their Bad Boy Buggy dealer for a free repair.  For additional
information, contact Bad Boy Enterprises toll-free at
(866) 678-6701 between 8:00 a.m. and 5:00 p.m., Central Time,
Monday through Friday, or visit the firm's Web site at
http://www.badboyenterprises.com/


BELKIN INTERNATIONAL: Recalls 68,700 SurgeMaster Surge Protectors
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Belkin International Inc., of Compton, Calif., announced a
voluntary recall of about 68,700 SurgeMaster Surge Protectors.
Consumers should stop using recalled products immediately unless
otherwise instructed.

The molding of the plastic 360 degree rotating plug, which allows
for easy cord movement, can crack or detach from the plug
assembly, posing a shock hazard to consumers.

Belkin has received seven consumer complaints about cracking of
the plug molding.  No injuries were reported.

This recall involves the SurgeMaster Surge Protector, models
F9G930-10, F9G930v10, F9G930-10-W and F9G930-10-SN, all
manufactured in 2003.  The model number and date of manufacture
are located on the underside of the unit.  Grey models F9G930-10-
GRY and F9G930fc10G-CL are not a part of this recall.  Pictures
of the recalled products are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10024.html

Manufactured in China, the recalled products were sold by
independent distributors nationwide and the internet by
www.belkin.com from September 2003 through December 2007 for
about $50.

Consumers should stop using these power strips immediately and
contact Belkin for a new replacement unit.  For more information,
contact Belkin toll-free at 800-952-1465 between 9:00 a.m. and
5:00 p.m., Pacific Time, Monday through Friday or visit the
firm's Web site at http://www.belkin.com/recall


BLAIR LLC: Recalls Another 132,000 Pieces of Chenille Clothing
--------------------------------------------------------------
The U.S. Consumer Product Safety Commission (CPSC) and Blair LLC,
of Warren, Pa., are expanding Blair's voluntary recall of women's
full-length chenille robes to include additional chenille robes
and three other chenille products all manufactured by A-One
Textile & Towel.  CPSC and Blair also are re-announcing the
earlier recall of women's robes.

In April 2009, Blair recalled 162,000 chenille robes after it
learned of three robes catching on fire, including one report of
second degree burns. Blair then received several reports of
deaths allegedly due to robes catching fire. This prompted a
second news release in June 2009 to again alert consumers to the
burn hazard for the chenille robes. After this re-announcement,
Blair received four additional reports of deaths allegedly due to
the robes catching fire. Three of these victims were cooking and
a fourth was tending a pellet stove; three of the four victims
were in their 80s and one was in her 70s.  All nine reported
deaths occurred prior to the April 2009 announcement of the
recall.

Blair has received one report involving one of the additional
garments described below catching fire; no injuries have been
reported related to these garments. Blair decided to expand the
recall to include all women's chenille wearing apparel
manufactured by A-One Textile & Towel.

The recalled products include about 138,000 Full Length Women's
Chenille Robes, Women's Chenille Jackets, Women's Chenille Lounge
Jackets, and Women's Chenille Tops.  162,000 units were
previously recalled in April 2009

The garments were manufactured by CA-One Textile & Towel, of
Karachi, Pakistan.

Some of these products fail to meet the federal flammability
standard and present a risk of serious burns to consumers if the
garments are exposed to an open flame.

Since announcing the recall in April 2009, Blair has received
nine reports of deaths allegedly due to the originally recalled
robes catching fire. Blair has received one report on one of the
additional garments catching fire; no injuries have been
reported.

Pictures of the recalled products are available at
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10017.htmland  
involve:

     -- Full Length Women's Chenille Robe. The item number is
identified on a label in the garment's neckline. One-piece
garment made of plush sculpted chenille.  The robe has a shaped
stand collar, horizontal chenille front and back yolks and cuffs,
a full-button front with seven matching button closures, long
sleeves with self cuffs, a straight bottom with self hem, and two
side seam pockets. "100% Cotton, RN 81700, Made in Pakistan" is
on the label.  Item numbers/colors are: 1083401 Pastel pink,
1083402 Mint, 1083403 Light lavender, 1371801 Light blue, 1371802
Light purple, 1371803 Indigo, 1743401 Sea foam, 1743402 Medium
pink, 1743403 Light blue, 3470311 Blue, 3470312 Coral, 3470313
Yellow, 3927211 Mint, 3927212 Light blue, 3927213 Light pink

     -- Women's Chenille Jacket. The item number is identified on
a label in the garment's neckline. One-piece garment made of
plush sculpted chenille.  The jacket has three front buttons,
pointed lapels, long sleeves, and two front patch pockets. "100%
Cotton, RN 81700, Made in Pakistan" is on the label.  Item
numbers/colors are: 1392801 Gold, 1392802 Red, 1392803 Navy,
1392804 Hunter Green

     -- Women's Chenille Lounge Jacket. The item number is
identified on a label in the garment's neckline. One-piece
garment made of plush sculpted chenille.  The jacket has a shaped
stand collar, and horizontal chenille front and back yolks and
cuffs, a full-button front with five matching button closures,
long sleeves with self cuffs, a straight bottom with self hem,
and two side seam pockets. "100% Cotton, RN81700, Made In
Pakistan" is on the label. Item numbers/colors are: 4526401
Lavender, 4526402 Aqua, 4526403 Light pink

     -- Women's Chenille Top. The item number is identified on a
label in the garment's neckline. One-piece, pullover garment made
of plush sculpted chenille.  The top has a rounded neckline, long
sleeves, a straight bottom with side vents, and ribbed binding at
the neckline and cuffs. "100% Cotton, RN81700, Made In Pakistan"
is on the label. Item numbers/colors are: 1811201 Light purple,
1811202 Rose, 1811203 Dusty blue, 1811204 Sage green



All of the apparel products were sold through Blair catalogs and
Web site, and Blair stores in Warren, Pa., Grove City, Pa., and
Wilmington, Del., from July, 2000, through April, 2007, at these
prices:

     -- Full Length Women's Chenille Robes for about $30 to $40
     -- Women's Chenille Jacket, about $25 to $29
     -- Women's Chenille Lounge Jacket, about $20 to $23
     -- Women's Chenille Top, about $20 to $23
     
Consumers are urged to stop wearing the garments immediately.
Contact Blair LLC for information on returning the products and
to receive a refund or a $50 gift card for Blair merchandise.  
For more information, call Blair toll-free at (877) 392-7095
between 9:00 a.m. and 9:00 p.m., Eastern Time, Monday through
Saturday, visit the firm's Web site at
http://www.blair.com/recallor contact the firm by e-mail at  
blairproductrecall@blair.com


CAMBRIDGE SILVERSMITHS: Recalls 13,000 Sets of Flatware
-------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Cambridge Silversmiths Ltd. Inc., of Fairfield, N.J., announced a
voluntary recall of about 13,000 sets of Fiesta Masquerade and
Home Olympic Flatware.  Consumers should stop using recalled
products immediately unless otherwise instructed.

The plastic decorative inserts on the flatware's handles can
detach during dishwashing, posing a choking hazard to children.  

The company has received 28 reports of a plastic insert detaching
from the flatware. One incident of injury reported, no specifics
provided.

This recall involves the Fiesta Masquerade and the Home Olympic
20- piece flatware sets. The Fiesta Masquerade flatware set is
silver-colored and the handles have plastic decorative inserts in
red, orange, yellow, green and three different shades of blue.
The Home Olympic flatware sets are charcoal and the handles have
decorative black inserts.  Pictures of the recalled products are
available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10018.html

The flatware was manufactured in China and was sold exclusively
at Fiesta Masquerade at JC Penney, Federated Department Stores,
Bealls and Homer Laughlin from November 2008 through May 2009 for
about $70 per 20-piece set; Home Olympic at Target from August
2008 through August 2009 for about $30 per 20-piece set.

Consumers should stop using the recalled flatware sets
immediately and contact the company to return the product and
obtain a free replacement.  For additional information, contact
Cambridge Silversmiths at (800) 890-3366 between 9:00 a.m. and
5:00 p.m., Eastern Time, Monday through Friday, visit the
company's Web site at http://www.cambridgesilversmiths.com/or e-
mail service@cambridgesilversmiths.com


COBY ELECTRONICS: Recalls 19,600 Rechargeable Batteries
-------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Coby Electronics Corp., of Lake Success N.Y., announced a
voluntary recall of about 19,600 Rechargeable batteries sold with
portable DVD/CD/MP3 players.  Consumers should stop using
recalled products immediately unless otherwise instructed.

The rechargeable batteries can overheat, posing a fire hazard to
consumers.

Coby Electronics has received 10 reports of batteries
overheating, including eight reports of fires resulting in
property damage.  No injuries have been reported.

The recall involves Coby DVD/CD/MP3 players with an 8-1/2 inch
screen and product number TF-DVD-8501.  The rechargeable
batteries sold with the DVD players have serial numbers that
begin with "HY."  The serial number can be found on a white
sticker affixed to the battery.  "Coby" is printed on the front
cover and the product number is on the bottom of the unit.  
Pictures of the recalled products are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10019.html

The recalls batteries were manufactured in China and sold at
discount, electronics, music, toy, office supply stores and
distributors of electronic products nationwide from January 2007
through September 2009 for between $140 and $275.

Consumers should immediately remove the recalled batteries from
the unit and contact Coby Electronics to receive a free
replacement battery.  Consumers can continue to use the
DVD/CD/MP3 players with AC or DC power adapters.  For additional
information, contact Coby Electronics toll-free at (877) 305-2629
between 8:00 a.m. and 5:00 p.m., Eastern Time, Monday through
Friday, or visit the firm's Web site at http://www.cobyusa.com/


COYNE & COMPANY: Recalls 7,800 Haunted House Candle Holders
-----------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Coyne's & Company, of Minneapolis, Minn., announced a voluntary
recall of about 7,800 Haunted House Screen Tea Light Holders.
Consumers should stop using recalled products immediately unless
otherwise instructed.

The window panes on the screen can ignite, posing a fire hazard.

The firm has received three reports of the window pane catching
fire.  No injuries have been reported.

This recall involves haunted house screen tea light holders made
of black metal with a transparent coating on the glass windows.
The haunted house measures 15-inches wide by 15-inches high by 4-
inches deep and can hold up to six tea lights.  Tea light candles
are not involved in this recall.  A picture of the recalled
product is available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10016.html

Manufactured in China, the recalled candle holders were sold
exclusively Yankee Candle stores nationwide and online at
YankeeCandle.com between August 2009 and September 2009 for about
$25.

Consumers should immediately stop using the candle holders and
contact Coyne's & Company or Yankee Candle for a full refund.  
For more information, contact Coyne's & Co. at (800) 336-8666
between 8:00 a.m. and 5:00 p.m., Central Time, Monday through
Thursday or visit the firm's Web site at http://www.coynes.com/
or e-mail the firm at custserv@coynes.com


EASTON SPORTS: Recalls 6,400 Bicycles with EA30 Stems
-----------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Easton Sports, of Scotts Valley, Calif., announced a voluntary
recall of about 6,400 Bicycles with EA30 Stems.  Consumers should
stop using recalled products immediately unless otherwise
instructed.

The bicycle stem can crack and cause the rider to lose control,
posing a risk of serious injury if the rider falls.

The company received a report of a stem breaking, causing a minor
injury to the rider.

This recall involves all Raleigh 2007, XXIX 700c MTN, RX1.0,
Diamondback 2007, Mission, and Sortie bicycles with EA30 stems.
The EA30 stems are black with white-and-gray graphics and feature
a four-bolt stem face cap."EA30" is printed on the stem. EA30
stems sold as aftermarket items are included in this recall.
Pictures of the recalled products are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10038.html

The recalled bicycles were manufactured in China and sold by
independent bicycle dealers nationwide from August 2007 through
August 2009 for between $500 and $1,200. Aftermarket stems were
sold from August 2007 through September 2009 for about $30.

Consumers should immediately stop riding the bicycles and
contact any authorized Easton Sports for a free replacement
stem.  For more information, contact Eason Sports toll-free at
(866) 892-6059 between 8:00 a.m. and 5:00 p.m., Central Time,
Monday through Friday or visit the firm's Web site at
http://www.eastonbike.com/


GANDER MOUNTAIN: Recalls 13,000 Treestands
------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Gander Mountain Company, of St. Paul, Minn., announced a
voluntary recall of about 13,000 Hang-On Fixed Position
Treestands manufactured in China by StrongBuilt, of Waterproof,
La.  Consumers should stop using recalled products immediately
unless otherwise instructed.

The clasp may open unexpectedly if the strap is fastened
incorrectly, causing the treestand and user to fall to the
ground.

Gander Mountain has received two reports of consumers falling
while using the treestands: one sustained unspecified injuries
and a second person sustained a broken pelvis and broken arm.

Gander Mountain is recalling the 2008 model GMT101 and 2008 model
GMT103 Hang-On Fixed Position Treestands. The recalled treestands
have wire mesh on the base of the platform to the top of the
footrest and a Gander Mountain logo on the front of the seat. In
addition, the seat has a camouflage pattern that is branded "AP"
and "REALTREE". Model GMT101 has "Steel Hang-On With Foot Rest"
printed in large bold print on the exterior of the box and the
GMT103 has "Large Steel Hang-On With Foot Rest" printed on the
exterior of the box. This recall does not affect the 2009 year
models GMT101 and GMT103 Hang-On Fixed Position Treestands
manufactured by Rivers Edge.  Pictures are available at
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10036.html

The treestands were sold only at Gander Mountain stores from July
2008 until July 2009. The GMT101 was sold for about $60 and the
GMT103 was sold for about $80.

Consumers should immediately stop using the recalled treestands
and return them to Gander Mountain for a refund, exchange for a
2009 model or a store credit.  For additional information,
contact Gander Mountain at (888)-542-6337 Monday through Friday
between 8:00 a.m. and 10:00 p.m and Saturday and Sunday between
9:00 a.m. and 8:00 p.m., Eastern Time, or visit the firm's Web
site at http://www.gandermountain.com/


GEHL FOODS: Recalls 115,000 Nacho Cheese & Chili Sauce Dispensers
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Gehl Foods Inc., of Germantown, Wis., announced a voluntary
recall of about 115,000 Gehl's HOT TOP2 Nacho Cheese and Chili
Sauce Dispensers.  Consumers should stop using recalled products
immediately unless otherwise instructed.

The dispenser's fan blade can come into contact with the heater
coil, posing fire and burn hazards to consumers.

Gehl Foods has received 12 reports of the dispenser's fan blade
malfunctioning and coming into contact with the heater coil,
including one report of a fire that caused property damage. No
injuries have been reported.

This recall includes Gehl Food's commercial nacho cheese and
chili sauce dispensers with model numbers HT2-04 Single, HT2-04
Dual, and HT2-03 APS with serial numbers HT2 164500 through HT2
299689. The model and serial numbers are located on the back of
the dispensers. "Gehl's" is printed on the front of the
dispensers.  Pictures of the recalled product are available at
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10034.html

The dispensers were manufactured in the United States and were
leased to commercial customers nationwide, including concession
and food service establishments, from December 2003 through
September 2009.

Food establishments and consumers should immediately stop using
the recalled nacho cheese and chili sauce dispensers and contact
the firm for a free repair by Gehl, or to receive a free repair
kit to be installed by the customer.  For more information,
contact Gehl Foods toll-free at (877) 440-4008 between 8:00 a.m.
and 4:30 p.m., Central Time, Monday through Friday or visit the
firms' Web site at http://www.gehls.com/


HANOVER DIRECT: Recalls 90,000 Faux Suede Roman Shades
------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Hanover Direct Inc., (also known as Domestications) of Weehawken,
N.J., announced a voluntary recall of about 90,000 Faux Suede
Roman Shades.  Consumers should stop using recalled products
immediately unless otherwise instructed.

The shades were manufactured in China by Whole Space Industries
LTD, of Centereach, N.Y.

Strangulations can occur when a child places their neck between
the exposed inner cord and the fabric on the backside of the
blind or when a child pulls the cord out and wraps it around the
neck.

In March 2008, a two-year-old boy from Ocean View, Delaware,
climbed up on a toy chest to look out of a window and became
entangled in the inner cords of the Roman shade.  His parents
removed the cord, which left a temporary red mark around his
neck. No permanent injuries were sustained.

This recall involves all Faux Suede room darkening Roman shades
with style number 12810A. The shades were sold in Ivory, Taupe,
Gold, Plum, Wine Red, Midnight Blue, Moss Green and Dark Brown
and have a head rail that measures 23, 27, 31, 35, 39 43 or 48
inches. The shades have a sticker on the head rail with the
letters "WS" and "style 12810A" is printed on the packaging box.  
Pictures of the recalled products are available at
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10023.html

The recalled products were sold by Hanover Direct/Domestications
via the Internet at http://www.domestications.com/and through  
catalog sales nationwide from January 2004 through December 2008
for between $20 and $40.

Consumers should immediately stop using the Roman shades and
contact Hanover Direct/Domestications for a free retrofit kit
that removes both the operating cords and the exposed inner cords
from the shades.  For information, contact Hanover Direct/
Domestications toll-free at (800) 524-0597 between 9:00 a.m. and
6:00 p.m., Eastern Time, daily, or visit the firm's Web site at
http://www.domestications.com/


HELLER EHRMAN: Former Associate Objects to Bankruptcy Settlement
----------------------------------------------------------------
Amanda Royal at The Recorder reports that one brave former Heller
Ehrman, LLP, associate took to the podium in front of Judge
Dennis Montali on earlier this month, demanding a clearer
liquidation plan and questioning the $1 million fee proposed for
the employees' lawyers at Blum Collins.

At a hearing in In re Heller Ehrman, LLP, Case No. 08-32514
(Bankr. N.D. Calif.), on the employees' $19 million proposed
settlement in the bankruptcy, David Simon, Esq.'s voice quavered
slightly as he began to speak to a courtroom full of experienced
bankruptcy attorneys and litigators and to a judge well-known for
his intelligence and wit.

As the young attorney stood up, Judge Montali ruffled him, asking
if he was an objector.  Mr. Simon stumbled a little, saying, "I
guess I'm an objector."

But he got up his nerve and went straight to the point.

"Going over the proposed class action settlement, I'll tell you
that it's nearly impossible to understand," Mr. Simon said.  "And
that's my objection here today.  And that is: The court is going
to be asking not just associates, but paralegals, secretaries and
file clerks to give a thumbs-up or thumbs-down on something that
most of them I believe won't be able to understand."

Judge Montali agreed with Simon's request that the plan provide
several examples of how various employee claims might be treated
under the plan.

Mr. Simon also questioned the $950,000 that Blum Collins would
get under the settlement, pointing out that employees would have
been owed nearly the same amount of money even if they hadn't
hired lawyers.

"I do understand that there has been some, or a lot, of battle
over the WARN Act claims.  And maybe that is where Mr. Blum and
Mr. Collins and their colleagues hang their hat, but I do call
into question how much money of those WARN Act claims will be
actually paid out, not mythically written down as a general
unsecured claim at possible 20 percent, but how much will
actually be paid out, how much benefit they actually made for the
class members versus how much they were paid," Mr. Simon said

Judge Montali said he understood Mr. Simon's argument, but didn't
comment further.

The WARN Act claims in the settlement are about $6 million.

A post on http://hellerdrone.wordpress.com/from the four named  
employee plaintiffs in the class action praises Blum Collins'
work and urges employees to support the settlement.

Mr. Simon was a junior associate in Heller's litigation
department.  He was one of the first to file suit against his old
firm, for about $57,000 in unpaid wages.


HEMISPHERX BIOPHARMA: Says Securities Fraud Suits Without Merit
---------------------------------------------------------------
Hemispherx Biopharma, Inc. (NYSE Amex:HEB) said a recently filed
securities fraud lawsuit is without merit.  The lawsuit, the
Company says, is based upon the false claim that the "defendants
failed to disclose that the FDA had requested several reports
from the Company before the NDA could even be considered . . ."
regarding the Ampligen(R) (Poly I : Poly C12U) investigational
product.  That claim is irrefutably false, the Company asserts.

On July 7, 2008 the Company received the following letter from
the Department of Health and Human Services, Food and Drug
Administration, which stated:

"Please refer to your April 25, 2008 new drug application (NDA)
submitted under section 505(b)(1) of the Federal Food, Drug, and
Cosmetic Act for Ampligen (poly I: poly C12U) 2.5 mg/mL Sterile
Solution in 80mL.

"We also refer to your submissions dated June 13 and 17, 2008.
We have completed our filing review and have determined that  
your application is sufficiently complete to permit a
substantive review.

"Therefore, in accordance with 21 CFR 314.101(a), this
application is considered filed 60 days after the date we
received your application. The review classification for this  
application is  standard. Therefore, the user fee goal date is
February 25, 2009."

Upon receipt of an NDA, the FDA reviewers conduct a filing review
to determine whether the application is sufficiently complete to
warrant a substantive review. During that filing review, the
agency may identify matters involving the organization of the
application, needed clarification or additional information which
need to be addressed before the agency will decide to formally
file the application and begin its substantive review. As
reflected in the letter quoted above, FDA informed the Company of
the agency's decision to file the Ampligen NDA on July 7, 2008.

Apart from matters affecting the filing decision, the FDA
reviewers may, at any time during the review of an NDA, request
additional information or clarification of previously submitted
information. Such requests made during the course of the NDA
review are, by the FDA policy, not considered a determination by
the FDA of the status of the NDA or of the prospects for approval
of the NDA during the current review cycle (see "Guidance for
Industry, Information Request and Discipline Review Letters Under
the Prescription Drug User Fee Act" November, 2001). A
determination of whether or not any outstanding matters need to
be resolved prior to approval is only made, through established
internal agency processes, at the end of the review. That
determination is made by responsible supervisory reviewers and
officials with delegated agency authority, in light of all of the
completed reviews, based in part on a risk-benefit analysis which
takes into account the clinical importance of the drug and the
condition being treated, the strength of the supporting data, and
the significance of any potentially outstanding matters. Only at
that time is a determination made whether any remaining matters
need to be resolved prior to approval or can be properly
addressed through available alternative regulatory options or
post-approval requirements or commitments.

This is why the cited Guidance explicitly states that an end-of-
review action letter may omit matters raised in interim
communications (even if they were not addressed by the sponsor)
and may include new matters that were never raised in interim
communications.

Although, as previously disclosed, FDA reviewers have made
inquiries and requested clarification or additional information
in connection with their ongoing review of the Ampligen NDA, the
FDA reviewers did not seek additional information from the
Company either with respect to extension of the first PDUFA date
of February 25, 2009, or the second PDUFA date extension on May
25, 2009, and have not indicated in any way that either such
extension was related to the need for submission of additional
clarification or data. Moreover, based on numerous published
reports and statements by Agency officials, it is the Company's
understanding that, during the past two years, the Agency has
increasingly failed to meet established PDUFA goals due to
resource limitations and competing priorities which have often
prevented timely completion of NDA reviews (see the FDA
presentation, New Drug Review: 2008 Update, available at
http://www.fda.gov/downloads/AboutFDA/CentersOffices/CDER/ucm117686.pdf

As stated in its recent earnings release of November 9, 2009, the
FDA has not informed the Company as to any outstanding responses
required in order to take action on the pending NDA.

Thus, the class action fraud claim is false, Hemispherx says.  
The FDA has in writing stated, "We have completed our filing
review and have determined that your application is sufficiently
complete to permit a substantive review."  Further, the FDA has
not sought new information from the Company either with respect
to extension of its first PDUFA date of February 25, 2009, or
with respect to its second PDUFA date extension on May 25, 2009.

Chronic Fatigue Syndrome is an enigmatic, profoundly debilitating
and potentially life-threatening disease with which a new
retrovirus was recently associated. Researchers are investigating
the possible role of this virus in the symptomatology of the
disease using Ampligen(R) as an investigational therapeutic.

Hemispherx Biopharma, Inc. -- http://www.hemispherx.net/-- is an  
advanced specialty pharmaceutical company engaged in the
manufacture and clinical development of new drug entities for
treatment of seriously debilitating disorders. Hemispherx's
flagship products include Alferon N Injection(R) (FDA approved
for a category of sexually transmitted diseases) and the
experimental therapeutics Ampligen(R) Oragens(R), and Alferon
LDO. Ampligen(R) and Oragens(R) represent experimental RNA
nucleic acids being developed for globally important debilitating
diseases and disorders of the immune system. Hemispherx's
platform technology includes large and small agent components for
potential treatment of various severely debilitating and life
threatening diseases. Hemispherx has in excess of 50 patents
comprising its core intellectual property estate and a fully
commercialized product (Alferon N Injection(R)). The Company
wholly owns and exclusively operates a GMP certified
manufacturing facility in the United States for commercial
products.


HOMELITE CONSUMER: Recalls 85,000 Homelite Backpack Blowers
-----------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Homelite Consumer Products Inc., of Anderson, S.C., announced a
voluntary recall of about 85,000 Homelite Backpack Blowers.  
Consumers should stop using recalled products immediately unless
otherwise instructed.

The fuel tank can leak gasoline, posing a fire hazard to
consumers.

Homelite has received 18 reports of fuel tanks leaking gasoline
including one report of minor skin irritation.

This recall involves the Homelite Mighty Lite backpack blowers.
The blowers are red and black. The following models are affected
by this recall:


     Product Model  Manufacturing Date Codes Range
     -------------  ------------------------------
     UT08580        ATK1820001 through ATK3659999

     UT08580A       ATL1530001 through ATL3669999
                    ATM0010001 through ATM1749999

The model number and manufacturing date code are printed on the
blower's data label which is located on the red plastic housing
above the choke knob and adjacent to the fuel tank. Products with
a green "dot" on the outside of the package or the letters "CA"
embossed on the fuel tank are not included in the recall.  
Pictures of the recalled products are available at
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10037.html

The recalled products were manufactured in China and sold at Home
Depot stores and various retailers of refurbished products
including Direct Tools Factory Outlets, CPO Homelite, Gardner,
Tap Enterprises, Isla Supply and Heartland America stores
nationwide from September 2007 through October 2009 for between
$90 and $140.

Consumers should stop using their backpack blowers immediately
and contact Homelite for the closest dealer location to schedule
a free fuel tank replacement.  For additional information,
contact Homelite Consumer Products, Inc. at (800) 242-4672
between 8:00 a.m. and 5:00 p.m., Eastern Time, Monday through
Friday or visit http://www.homelite.com/



IDEA VILLAGE: Recalls 1.3 Million Wireless Light Switches
---------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Idea Village Products Corp., of Wayne (formerly of Fairfield),
N.J., announced a voluntary recall of about 1.3 million Handy
Switch, Wireless Light Switches.  Consumers should stop using
recalled products immediately unless otherwise instructed.

The light switch receiver, which fits into the wall outlet, can
overheat and pose a fire hazard to consumers.

The firm has received 14 reports of overheating, including nine
reports of fire, five of which involved property damage such as
minor damage to curtains, bedding or walls.

The Handy Switch is a white plastic wireless remote light switch
with model number KS-080 printed on the back of the receiver. On
the front of the receiver is a blue electroluminescent
nightlight.  A picture of the recalled product is available at
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10014.html

The light switches were manufactured in China and were sold at
mass merchandisers and drug store chains nationwide, through
television infomercials and the Internet from March 2007 through
July 2009 for between $10 and $15.

Consumers should immediately unplug and stop using the product
and contact Idea Village to learn about free remedy options.  For
additional information, contact Idea Village toll-free at (888)
655-4339 between 5:00 a.m. and 6:00 p.m., Pacific Time, Monday
through Friday, or visit the firm's Web site at
http://www.handyswitchrecall.com/


IKEA HOME: Recalls 533,000 ISDANS, TUPPLUR, & ENJE Roller Blinds
----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
IKEA Home Furnishings, of Conshohocken, Pa., announced a
voluntary recall of about 533,000 ISDANS, TUPPLUR, and ENJE
Roller Blinds.  Consumers should stop using recalled products
immediately unless otherwise instructed.

Strangulations can occur if the blind's looped bead chain is not
attached to the wall or the floor with the tension device
provided and a child's neck becomes entangled in the free-
standing loop.

No Incidents or injuries have been reported.

This recall involves all ISDANS, TUPPLUR and ENJE roller blinds.
These blinds are made of a solid or sheer fabric, measuring 24"
to 79" wide, and have a metal top rail and a bead chain. ENJE has
a glued label on the wall fitting showing the IKEA logotype,
article number, 5-digit supplier number, four digit date stamp
(YYWW) and "Made in Taiwan". The roller blinds have an orange
warning label attached at the base of the blind that is marked
with AA-136800-3.  Pictures of the recalled roller blinds are
available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10022.html

The recalled roller blinds were manufactured in Taiwan and France
and sold at IKEA stores nationwide from July 2005 through July
2009 for between $10 and $55.

Consumers should immediately check the recalled roller blinds to
make sure the tension device provided is attached to the bead
chain and installed into the wall or floor. If not attached,
consumers should immediately stop using the roller blinds and
contact IKEA or visit their local IKEA store to receive a free
repair kit. The repair kits for the roller blinds will be
available the second week of November. If the consumer has
difficulty installing the tension device, contact IKEA for
additional information.  For additional information, contact IKEA
toll-free at (888) 966-4532 anytime, or visit the firm's Web site
at http://www.ikea-usa.com/


LIFE IS GOOD: Recalls 15,000 Fall 2009 Newbury Travel Mugs
----------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Internet retailer Life is Good, announced a voluntary recall of
about 15,000 Fall 2009 Newbury Travel Mugs manufactured by Pow
Can, of Zhejiang, China, and imported by The S Group, of
Portland, Ore.  Consumers should stop using recalled products
immediately unless otherwise instructed.

The travel mugs can become excessively hot to the touch when
filled with hot liquids, posing a burn hazard to consumers.

The firm has received three reports of excessively hot mugs,
including one complaint of a minor burn to the hand.

This recall involves Newbury Travel Mugs. The 7-1/2 inch tall
mugs were sold in blue, green and orange each with a navy blue
lid.  The Life is Good trademark is printed on the mug along with
a graphic of a heart, peace symbol or daisy.  A picture of the
recalled product is available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10030.html

The travel mugs were sold at Life is Good and independent retail
stores nationwide and online at lifeisgood.com from July 2009
through September 2009 for about $20.

Consumers should immediately stop using the travel mugs.
Consumers can return the mugs to receive a credit or gift
certificate for the amount of the purchase price.  For more
information, contact Life is good at (888) 339-2987 between 8:30
a.m. and 7:00 p.m., Eastern Time, Monday through Thursday, and
8:30 a.m. and 5 p.m. Friday.  Consumers can also visit the firm's
Web site at http://www.lifeisgood.com/


LOUIS HORNICK: Recalls 364K Dublin Energy Solutions Roman Shades
----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Louis Hornick & Co. Inc., of New York, N.Y., and Bed Bath &
Beyond Inc., of Union, N.J., announced a voluntary recall of
about 364,000 Dublin Energy Solution Roman Shades.  Consumers
should stop using recalled products immediately unless otherwise
instructed.

Strangulations can occur when a child places their neck between
the exposed inner cord and the fabric on the backside of the
blind or when a child pulls the cord out and wraps it around the
neck.

There have been two reports of children becoming entangled in the
exposed inner cord on the back of the shade. In July 2008, while
in his crib, a 20-month-old boy became entangled in the inner
cord from a roman shade. His grandfather responded to the child's
cries and removed the cord that left a red mark on the right side
of his neck. In April 2009, the mother of a three-year-old boy
found her crying son with a cord mark that ran ear to ear on the
front of his neck. The boy was able to free himself after
becoming entangled in the inner cord. No permanent injuries were
sustained in these incidents.

This recall includes all sizes and colors of Dublin Energy
Solution Roman Shades sold by Bed Bath & Beyond with exposed
inner cords on the back.  Colors include navy, chocolate, khaki
and cream.  On the backside of the head rail, a small orange,
black and white warning label sticker in English and Spanish
which read in part, "Cords and bead chains can loop around
child's neck and STRANGLE.  Always keep cords . . . to get to
cords."  Pictures of the recalled shades are available at
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10025.html

Manufactured in China, the recalled shades were sold at Bed Bath
& Beyond stores nationwide and on-line at the retailer's Web site
at http://www.bedbathandbeyond.com/from August 2007 through  
September 2009 for between $40 and $130.

Consumers should immediately stop using the recalled Roman shades
and contact Louis Hornick & Company to receive a free repair kit.
The repair kit will be available by the end of November.  For
additional information, contact Louis Hornick & Company toll-free
at (800) 517-3612 between 8:00 a.m. and 5:00 p.m. ET daily, or
visit the firm's Web site at http://www.hornickindustries.com/


MACLAREN USA: Recalls One Million Strollers
-------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Maclaren USA, Inc., of South Norwalk, Conn., announced a
voluntary recall of about one million Maclaren Strollers.  
Consumers should stop using recalled products immediately unless
otherwise instructed.

The stroller's hinge mechanism poses a fingertip amputation and
laceration hazard to the child when the consumer is
unfolding/opening the stroller.

The firm has received 15 reports of children placing their finger
in the stroller's hinge mechanism, resulting in 12 reports of
fingertip amputations in the United States.

This recall involves all Maclaren single and double umbrella
strollers. The word "Maclaren" is printed on the stroller. The
affected models included Volo, Triumph, Quest Sport, Quest Mod,
Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy
Traveller.  Pictures of the recalled strollers are available at
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10033.html

The recalled strollers were manufactured in China and sold at
Babies "R" Us, Target and other juvenile product and mass
merchandise retailers nationwide from 1999 through November 2009
for between $100 and $360.

Consumers should immediately stop using these recalled
strollers and contact Maclaren USA to receive a free repair kit.  
For additional information, contact Maclaren USA toll-free at
(877) 688-2326 between 8:00 a.m. and 5:00 p.m., Eastern Time,
Monday through Friday, or visit the firm's Web site at
http://www.maclaren.us/recall


MACPHERSON'S: Recalls 10,000 Young Artist Easels
------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
MacPherson's, of Emeryville, Calif., announced a voluntary recall
of about 10,000 Young Artist Easels.  Consumers should stop using
recalled products immediately unless otherwise instructed.

The chalkboard surface coating contains high levels of lead,
violating the federal lead paint standard.

No incidents or injuries have been reported to date.  

This recall involves a children's art easel which has a
chalkboard surface on one side and a white board surface on the
other side. The item number is AA13301 and the UPC number is
082435133010 which can be found on the original packaging.  A
picture of the recalled product is available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10032.html

The recalled easels were manufactured in China and sold at art
supply stores nationwide and online from July 2004 through June
2009 for about $75.

Consumer should immediately take these recalled easels away from
children and contact the firm to receive a free replacement
chalkboard panel.  For additional information, contact
MacPherson's at (866) 319-5335 between 8:00 a.m. and 4:30 p.m.,
Pacific Time, Monday through Friday or visit the firm's Web site
at http://www.art-alternatives.com/recallor send e-mail to  
recall@macphersonart.com


MDL 1945: Feb. 17 Hearing on $89 Mil. State Street Settlement
-------------------------------------------------------------
                    UNITED STATES DISTRICT COURT
                    SOUTHERN DISTRICT OF NEW YORK

    IN RE STATE STREET BANK     :  MDL DOCKET No. 1945
    AND TRUST CO. ERISA         :
    LITIGATION                  :  Master File No. 07-cv-8488
    ____________________________:
                                :
    This Document Relates To:   :
    No. 07 Civ. 9319            :  ECF Case
    No. 07 Civ. 9687            :
    No. 08 Civ. 0265            :

TO: THE NAMED FIDUCIARIES, PARTICIPANTS AND BENEFICIARIES
    OF ERISA PLANS THAT HELD OR OWNED SHARES OF COMMINGLED
    FUNDS MANAGED BY STATE STREET BANK AND TRUST COMPANY
    ("STATE STREET") AT ANY TIME FROM JANUARY 1, 2007, TO
    DECEMBER 31, 2007.

PLEASE READ THIS NOTICE CAREFULLY.  YOUR RIGHTS AND THE RIGHTS OF
YOUR ERISA PLAN MAY BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING
IN THIS COURT.

YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District
Court for the Southern District of New York, that a proposed
settlement in the amount of $89,750,000 has been reached in the
consolidated ERISA Class Actions (collectively, the "Action")
originally filed under docket nos. 07-Civ-9319, 07-Civ-9687 and
08-Civ-0265 and subsequently consolidated by the Court under
docket no. 07-Civ-8488. The terms and conditions of the proposed
settlement are set forth in a Settlement Agreement dated August
18, 2009 (the "Settlement Agreement"). The Action has been
brought as a class action on behalf of a class of ERISA Plans
that invested in unregistered commingled funds (listed at
Schedule A of the Settlement Agreement) (the "Funds") that were
managed by State Street. For the sake of clarity, the term
"Funds" shall not include any investment portfolio of SSgA Funds,
a series mutual fund registered under the Investment Company Act
of 1940, as amended. The Action alleges that State Street
violated its fiduciary duties under the Employee Retirement
Income Security Act ("ERISA") by, inter alia, imprudently
managing the Funds, causing the various ERISA Plans to suffer
losses.

IF YOU ARE A FIDUCIARY OF AN ERISA PLAN THAT INVESTED IN OR OWNED
SHARES IN ANY OF THE STATE STREET FUNDS AS DEFINED ABOVE DURING
THE PERIOD JANUARY 1, 2007 TO DECEMBER 31, 2007 (THE "CLASS
PERIOD"), YOU AND YOUR PLAN MAY BE MEMBERS OF THE PROPOSED CLASS.

Copies of the Settlement Agreement and the Notice of Proposed
Settlement of ERISA Class Action Litigation, Final Settlement
Fairness Hearing, and Application for Attorneys' Fees and
Reimbursement of Expenses (the "Notice") are available at
http://www.statestreetERISAsettlement.com/or by contacting the  
Claims Administrator at:

          State Street Bank and Trust Co. ERISA Litigation
          c/o The Garden City Group, Inc.
          P.O. Box 9526
          Dublin, OH 43017-4826

You are further advised that a hearing will be held before the
Honorable Richard J. Holwell, U.S. District Judge for the United
States District Court for the Southern District of New York, at
the Daniel Patrick Moynihan United States Courthouse, Courtroom
17B, 500 Pearl Street, New York, NY 10007, at 3:00 p.m. on
February 17, 2010 to (i) determine whether the proposed
Settlement should be approved by the Court as fair, reasonable,
and adequate; (ii) consider the application of Co-Lead Counsel
for an award of attorneys' fees and reimbursement of litigation
expenses; and (iii) determine certain other matters described in
the Notice.

IF YOUR ERISA PLAN IS A CLASS MEMBER AS SET FORTH IN THE
SETTLEMENT AGREEMENT AND NOTICE, OR IF YOU ARE A NAMED FIDUCIARY,
PARTICIPANT OR BENEFICIARY OF SUCH PLAN, YOUR RIGHTS WILL BE
AFFECTED BY THE PENDING ACTION AND THE SETTLEMENT, AND YOUR PLAN
MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND.

If you are a named fiduciary of an ERISA plan that is a member of
the Class (or a participant or beneficiary thereof), and your
ERISA Plan does not exclude itself from the Class, your ERISA
plan and its named fiduciaries, participants and beneficiaries
will be bound by any judgment entered in the Action. If you are a
named fiduciary and wish to exclude your ERISA plan (if it is an
Included Plan) from the Class, you must submit a request for
exclusion postmarked no later than forty (40) days before the
hearing described above, which means January 8, 2010, in
accordance with the instructions set forth in the Notice. Any
objections to the proposed Settlement, Plan of Allocation and/or
application for an award of attorneys' fees and reimbursement of
litigation expenses must be filed with the Court and delivered to
Co-Lead Counsel for the Class listed below no later than February
10, 2010 in accordance with the instructions set forth in the
Notice. If your ERISA Plan excludes itself from the Class, it
will not share in the Settlement Fund.

PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING
THIS NOTICE.

Inquiries, other than requests for the Notice, may be made to
Lead Counsel:

    William C. Fredericks, Esq.                  
    Bernstein Litowitz Berger & Grossmann LLP    
    1285 Avenue of the Americas                  
    New York, NY  10019                          
    Telephone: (212) 544-1400                    

               - and -  

    Patrick T. Egan, Esq.
    Berman DeValerio                             
    One Liberty Square
    Boston, MA 02109
    Telephone: (617) 542-8300                    

               - and -  

    Derek W. Loeser, Esq.
    Keller Rohrback LLP
    1201 Third Avenue, Suite 3200
    Seattle, WA 98101
    Telephone: (206) 623-1900

   Dated:  October 28, 2009        BY ORDER OF THE COURT

                             *   *   *  

Andrew Longstreth at The American Lawyer reports that there will
be no do-over for State Street Bank in an $89.75 million ERISA
class action settlement it agreed to in June.  Despite the bank's
attempt to renege on the deal, Manhattan federal district court
judge Richard Holwell granted preliminary approval to the
settlement last month.  

Bernstein Litowitz Berger & Grossmann filed the class action
complaint in 2007, alleging that State Street breached its
fiduciary duty when it made reckless investments in subprime
mortgages. On June 25 of this year, the bank received a Wells
notice from the Securities and Exchange Commission, which was
also engaged in an investigation of its subprime investments. The
next day State Street agreed to settle the ERISA class action.

But when plaintiffs' lawyers moved for preliminary approval of
the $89.75 million deal, the bank's lawyers at Ropes & Gray filed
an objection, arguing that State Street's ongoing negotiations
with the SEC make it impossible to determine the fairness of the
settlement. State Street tried to persuade Judge Howell, for
instance, that class members might receive compensation from a
potential settlement between the bank and the SEC -- and any such
SEC settlement, State Street noted, wouldn't involve plaintiffs'
attorneys' fees.  Ropes & Gray asked the judge to defer
preliminary approval of the ERISA settlement until the SEC case
is resolved.

Judge Holwell said no.  "The ERISA settlement is, as plaintiffs
point out, a bird in the hand," he wrote, concluding that it was
premature to predict what class members might recover in a
possible SEC settlement. He also seemed skeptical of State
Street's concern for the class members it allegedly harmed.
"Notwithstanding State Street's laudable efforts to protect the
interests of the ERISA plans," he wrote, "the ongoing SEC
negotiations provide no basis for the denial or postponement or
preliminary approval."


NOVARTIS AG: Female Sales Reps Get Apr. 7, 2010, Jury Trial Date
----------------------------------------------------------------
Tresa Baldas at The National Law Journal reports that a federal
judge has cleared the way for thousands of female pharmaceutical
representatives to tell a jury about alleged discriminatory work
practices at Novartis.  The Basel, Switzerland-based
pharmaceutical giant had sought to toss out the class action
involving 5,600 sales reps, but instead the judge set a trial
date of April 7, 2010, after denying Novartis' motion for partial
summary judgment.

"The fact is, a massive amount of paper has been wasted by
defendant in a quixotic quest to keep much of plaintiffs' case
from the jury. [Novartis'] effort is in vain," the Honorable
Colleen McMahon wrote in her Oct. 20 opinion in Velez, et al. v.
Novartis Corporation, et al., Case No. 04-cv-09194 (S.D.N.Y.).
"Plaintiffs have demanded a jury, and a jury they shall have."

"She was able to cut to the chase and see that this was a case
where women were long overdue in getting their day in court,"
said Steven Wittels, Esq., of New York's Sanford Wittels &
Heisler, who is representing the plaintiffs.

The class action stems from a lawsuit filed in 2004 by 19 female
sales reps who alleged the company discriminated against them in
several ways, including pay levels, personnel evaluations and
promotions. They also claim adverse treatment of women who took
leave for pregnancy.

"The jury is going to hear woman after woman after woman take the
stand from around the U.S. . . . talking about details of their
experiences, and there are some horrific details to be told,"
said David Sanford, Esq., of the Washington office of Sanford
Wittels, who is also representing the plaintiffs.

The Plaintiffs are represented by:

          Shayna Michelle Bloom, Esq.
          Lisa A. Goldblatt, Esq.
          Katherine M. Kimpel, Esq.
          Katherine Leong, Esq.
          David W. Sanford, Esq.
          SANFORD WITTELS & HEISLER, LLP
          1666 Connecticut Avenue, NW, Suite 310
          Washington, DC 20009
          Telephone: (202) 742-7782

               - and -  

          Angela Corridan, Esq.
          Jeremy Heisler, Esq.  
          Steven Lance Wittels, Esq.
          SANFORD, WITTELS & HEISLER, L.L.P.
          950 Third Avenue, 10th Floor
          New York, NY 10022
          Telephone: (646) 723-2947

Novartis Pharmaceutical Corporation is represented by:

          Thomas G. Abram, Esq.
          Aaron R. Gelb, Esq.
          Elizabeth N. Hall, Esq.
          Sara Jeanine Kagay, Esq.
          Richard H. Schnadig, Esq.
          Charles B. Wolf, Esq.
          VEDDER, PRICE, KAUFMAN & KAMMHOLZ, P.C.
          222 North Lasalle Street, Suite 2600
          Chicago, IL 60601
          Telephone: (312) 609-7500  

               - and -  

          Jonathan Alan Wexler, Esq.
          VEDDER PRICE P.C.
          1633 Broadway, 47th Floor
          New York, NY 10019
          Telephone: (212) 407-7732

Defendant Thomas Ebeling is represented by:

          Andrea S. Christensen, Esq.
          KAYE SCHOLER, LLP
          425 Park Avenue
          New York, NY 10022
          Telephone: (212)-836-8000


NUTRISYSTEM INC: Securities Litigation is Thrown Out
----------------------------------------------------
Shannon P. Duffy at The Legal Intelligencer reports that the team
of lawyers from Morgan Lewis who defended NutriSystem Inc. in a
spate of securities fraud suits can claim a complete victory now
that a federal judge has dismissed a pair of derivative suits.

U.S. District Judge Mary A. McLaughlin's 56-page opinion in In re
NutriSystem Inc. Derivative Litigation (E.D. Pa.) comes less than
two months after the same judge tossed out a class action
shareholders suit against the company.

Judge McLaughlin's 41-page opinion in In re NutriSystem Inc.
Securities Litigation (E.D. Pa.) rejected allegations that top
executives made false and misleading statements about the
company's financial health.

The suit alleged that NutriSystem was aware that its sales were
threatened by the competition from Alli, an over-the-counter
anti-obesity drug produced by GlaxoSmithKline, but that the
company continued to tout its future earnings prospects.

But Nutrisystem's lawyers:

          Marc J. Sonnenfeld, Esq.
          Karen Pieslak Pohlmann, Esq.
          MORGAN LEWIS & BOCKIUS LLP
          1701 Market St.
          Philadelphia, PA 19103-2921
          Telephone: 215-963-5572

argued that the case should be dismissed because the plaintiffs
had failed to establish "scienter," meaning there was
insufficient evidence that any public statements were knowingly
false.

Judge McLaughlin agreed, saying in her August opinion that "the
most plausible inference from the facts as alleged is that the
defendants were aware of the threat posed by an over-the-counter
weight loss pill, and by Alli specifically, but genuinely
believed any effect on NutriSystem sales would be short-lived."

The theory of the suit was fatally flawed, Judge McLaughlin
found, because the plaintiffs failed to allege how the
NutriSystem executives would have been aware of Alli's sales
figures in any way other than GSK's press releases.

Lead plaintiffs attorney:

          David C. Katz, Esq.
          WEISS & LURIE
          The Fred French Building
          551 Fifth Avenue
          New York, NY 10176
          Telephone: 212-682-3025

urged Judge McLaughlin to green-light the case on the "core
business" theory, which allows for scienter to be pleaded through
the combination of an officer's position with the company and
fraud allegations related to the company's core business.

Judge McLaughlin refused, saying the theory failed because it was
"unclear what knowledge the plaintiff seeks to impute to which
defendant on this theory; the complaint does not make such
specific allegations of scienter."

The Private Securities Litigation Reform Act abandoned the group
pleading doctrine, Judge McLaughlin noted, and the law now
requires the plaintiff "to establish a culpable state of mind on
the part of each defendant."

Now, in a second opinion, Judge McLaughlin has dismissed a pair
of derivative actions that accused NutriSystem top executives and
board members of fraud, waste and breach of their fiduciary
duties.

Named as defendants in the suit were four executives -- CEO
Michael J. Hagan, Chief Financial Officer James D. Brown, Chief
Marketing Officer Thomas F. Connerty and Chief Information
Officer Bruce Blair -- as well as six members of NutriSystem's
board of directors.

Mr. Sonnenfeld and Ms. Pohlmann, in moving for dismissal of the
derivative suit, argued that the plaintiffs had failed to
adequately allege that making a demand on NutriSystem's board
would be futile because the complaint does not contain sufficient
particularized factual allegations to overcome the presumption
that the board would act impartially on the demand.

Judge McLaughlin agreed, saying individual shareholder plaintiffs
who seek to bring a derivative suit have a threshold burden of
showing that it would have been futile to ask the company's
current board to bring the suit.

The plaintiffs fell short of satisfying that test, Judge
McLaughlin found, because the facts alleged "do not create a
reasonable doubt as to whether the specific actions taken by the
board are the product of the valid exercise of business judgment
or whether the directors are disinterested and independent."

Plaintiffs attorneys:

          Marc M. Umeda, Esq.
          Craig W. Smith, Esq.
          George C. Aguilar, Esq.
          ROBBINS UMEDA LLP
          600 B Street, Suite 1900
          San Diego, CA 92101
          Telephone: 619-525-3990

argued that the NutriSystem board committed waste by approving
stock buyback programs in August 2006, February 2007 and October
2007 -- times when, they argued, the price of NutriSystem's stock
was "artificially inflated" -- without properly considering the
competitive effects of Alli upon NutriSystem's business.

Judge McLaughlin flatly rejected that argument, saying "none of
these allegations, however, is supported by particularized facts
in the complaint showing that NutriSystem's stock price was
artificially inflated at the time of the buybacks or that the
directors knew or should have known of Alli's eventual impact."

The plaintiffs also failed to cast any reasonable doubt on
whether any of the board members were "both disinterested and
independent" at the time the derivative suit was filed.

As for the board members who were also company insiders, Judge
McLaughlin found there was insufficient specificity to support
allegations that they possessed material non-public information
at the time they made their trades.

The outside directors were also free from any reasonable doubt,
McLaughlin found, because the plaintiffs' own allegations were
admittedly premised on the "extensive public knowledge" of Alli's
progression to FDA approval.

"This public information was equally available to the market as a
whole and does not support an inference that the outside
directors knew material non-public information that they
deliberately failed to disclose," Judge McLaughlin wrote.

Mr. Katz said he is pursuing an appeal of Judge McLaughlin's
August decision and that he believes recent decisions from the
U.S. Circuit Court of Appeals for the Third Circuit do not
support her rulings on the scienter issues.


NVIDIA CORPORATION: 9th Cir. Says Lead Counsel Appointment Wrong
----------------------------------------------------------------
Alison Frankel at The American Lawyer reports that the Private
Securities Litigation Reform Act gives federal district court
judges the unequivocal power to appoint lead plaintiffs in
securities class actions.  But are judges also empowered to
appoint lead counsel?

Not according to the U.S. Circuit Court of Appeals for the Ninth
Circuit.  In a 15-page Nov. 5 opinion -- a copy of which is
available at http://amlawdaily.typepad.com/cohen.pdf-- a three-
judge appellate panel vacated San Francisco federal District
Court Judge James Ware's appointment of Girard Gibbs as co-lead
counsel in the consolidated securities class action against
Nvidia Corporation (Case No. 08-CV-04260 (N.D. Calif.)).  The
Ninth Circuit found that Judge Ware made a "clearly erroneous"
decision when he appointed Girard Gibbs as co-lead counsel
instead of Kahn Swick & Foti, even though he had picked Kahn
Swick's client (and not Girard Gibbs') as co-lead plaintiff.
"This error was a usurpation of power, pointing in favor of the
issuance of the writ," the appeals court ruled.

In December, after a heated competition among seven lead-
plaintiff candidates, Judge Ware appointed two leads, the New
Jersey Carpenters Pension Fund and an Nvidia investor named
Roberto Cohen.  Judge Ware also selected two firms to lead the
case.  One was Milberg, which represents the pension fund.  But
the other was not Cohen's counsel, Kahn Swicki.  Instead, Judge
Ware concluded that Girard Gibbs (along with Milberg) was "the
most qualified counsel for this case."

Kahn Swick & Foti asked for reconsideration, pointing to a 2002
9th Circuit ruling that clarified a lead plaintiffs' right to its
own counsel. Ware refused to change his mind. He ruled that both
the 2002 case and the express language of the PSLRA gave him
discretion to reject a lead plaintiff's choice of law firm.

Kahn Swick appealed to the 9th Circuit for a writ of mandamus,
asking to be appointed lead counsel in place of Girard Gibbs.

The 9th Circuit didn't go quite that far. In partially granting
the writ, the appellate court did endorse Cohen's right to choose
his law firm. It also vacated Ware's appointment of Girard Gibbs,
but declined to take the next step and appoint Kahn Swick.
Instead, the appeals judges sent the case back to Judge Ware with
instructions for him "to accept or reject Cohen's selection of
[Kahn Swick], applying the applicable standard."


PFIZER INC: Health Plans Drop Lipitor Drug RICO Suit
----------------------------------------------------
Andrew Longstreth at The American Lawyer reports that in
September, when Manhattan federal district court Judge Kimba Wood
dismissed a purported class action against Pfizer in which union
health and welfare funds claimed misrepresentations involving the
cholesterol-lowering drug Lipitor, she gave the plaintiffs an
opportunity to re-plead most of the allegations, including their
fraud and RICO claims.  But the plans apparently didn't hold out
much hope that they could impress Wood on the second go-around.
On Fri., Nov. 6, 2009, both sides filed a stipulation in Southern
Illinois Laborers' and Employers Health and Welfare Fund, et al.
v. Pfizer, Inc., Case No. 08-cv-05175 (S.D.N.Y.), indicating that
the plaintiffs will drop the case and that Pfizer will not seek
attorney fees or costs.

The plaintiffs, third-party payors that covered a portion of the
cost of Lipitor prescriptions for their members, alleged that
Pfizer had misled doctors about the benefits and side effects of
the medication. Wood ruled that the allegations in their
complaint didn't meet local pleading standards.

Pfizer's counsel in the case:

          Mark S. Cheffo, Esq.
          Barbara Weubel, Esq.
          SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
          Four Times Square
          New York, NY 10036
          Telephone: 212-735-3000

told Mr. Longstreth that Judge Wood's ruling called for
plaintiffs to show in an amended complaint that they relied on
specific alleged misrepresentations.  But that would have made it
tough for them to argue at the class certification state that
class issues predominated, he said.

"I think they saw the handwriting on the wall," Mr. Cheffo said.

The Plaintiffs are represented by:

          Jay W. Eisenhofer, Esq.
          GRANT & EISENHOFER P.A.
          485 Lexington Avenue, 29th Floor
          New York, NY 10017
          Telephone: 646-722-8500

               - and -  

          Steven G. Grygiel, Esq.
          Michael J. Barry, Esq.
          GRANT & EISENHOFER P.A.
          1201 N. Market Street
          Wilmington, DE 19801
          Telephone: 302-622-7000


SAMSUNG ELECTRONICS: Recalls 43,000 Over-Range Microwave Ovens
--------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Samsung Electronics America Inc., of Ridgefield Park, N.J.,
announced a voluntary recall of about 43,000 Samsung Over-the-
Range Microwave Ovens.  Consumers should stop using recalled
products immediately unless otherwise instructed.

If an installation bolt comes in contact with an electrical
component inside the unit and the microwave is plugged into an
ungrounded outlet, it could create a shock hazard.

No incidents or injuries have been reported to date.

The recall involves Samsung 1000 watt over-the-range microwave
ovens.  These model and serial numbers are included in this
recall:




All products produced from January through May 2009:

                                Affected Serial Number Range
Affected production lots  (From serial number To serial number)
------------------------   -----------------------------------
          SMH9151x           xxxxxxxS1xxxxxx to xxxxxxxS5xxxxxx
  
Some products produced in June are also affected:

                                Affected Serial Number Range
Affected production lots  (From serial number To serial number)
------------------------   -----------------------------------
          SMH9151B           xxxxxxOS600001 to xxxxxxOS600100
                                            and
                             xxxxxxTS600001 to xxxxxxTS601100

          SMH9151S           xxxxxxTS600001 to xxxxxxTS601386

          SMH9151ST          xxxxxxTS600001 to xxxxxxTS600330

          SMH9151STE         xxxxxxTS600001 to xxxxxxTS600330

          SMH9151W           xxxxxxOS600001 to xxxxxxOS600200
                                            and
                             xxxxxxTS600001 to xxxxxxTS602055

Pictures of the recalled units are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10031.html

The recalled microwave ovens were manufactured in Malaysia and
sold at retail stores nationwide from January 2009 through July
2009 for between $180 and $200.

Consumers should immediately unplug and stop using the
recalled product, and contact Samsung to schedule a free
repair.  For additional information, contact Samsung toll-free
at (888) 402-6974 between 9:00 a.m. and 9:00 p.m., Eastern Time,
seven days a week, or visit the firm's Web site at
http://www.samsung.com/otrrecall


SONY ELECTRONICS: Recalls 69,000 Sony VAIO Computer AC Adapters
---------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Sony Electronics Inc. of San Diego, Calif., announced a voluntary
recall of about 69,000 Sony VAIO Computer AC Adapters.  Consumers
should stop using recalled products immediately unless otherwise
instructed.

Insulation inside the AC adapter can fail over time, posing an
electrical shock hazard to consumers.

Sony has received four reports of adapters short-circuiting.  No
incidents occurred in the United States.  No injuries have been
reported.

The recalled AC adapter model is the Sony VGP-AC19V17, which was
supplied for use with these Sony products:

     -- All-in-one VAIO Desktop Computers VGC-LT series
        and VGC-JS2 series

     -- VAIO Docking Stations VGP-PRBX1 and VGP-PRFE1

Pictures of the recalled adapters are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10027.html

The AC adapters were manufactured in China and sold at The
SonyStyle stores and Web site, authorized electronics retailers
and authorized business- to- business dealers nationwide from
September 2005 through October 2009 for between $900 and $3300
for desktop computers and $250 and $300 for docking stations.

Consumers should turn off their computer, unplug it and stop
using the recalled AC adapters immediately and contact Sony to
arrange for a free replacement of the affected AC adapter.  For
more information, contact Sony toll-free at (877) 361-4481
anytime, or visit the firm's Web site at:

     http://esupport.sony.com/ac19adapter


T & L TRADING: CPSC Says Stop Using My Baby Soother" Pacifiers
--------------------------------------------------------------
The U.S. Consumer Product Safety Commission (CPSC) is urging
parents and caregivers to immediately stop providing "My Baby
Soother" pacifiers to their children.  The pacifiers were
distributed by T & L Trading Corp., of Brooklyn, N.Y.  The CPSC
says the pacifiers failed to meet federal safety standards
because the nipples can separate from the base easily, posing a
choking hazard to infants and toddlers.

CPSC is issuing this warning because T & L Trading has refused to
recall these pacifiers.

About 16,500 "My Baby Soother" pacifiers were sold at grocery
stores, delis, and discount stores in Bronx, Brooklyn, Broadway,
and Coney Island of New York from August 2007 through July 2009
for about $1.

The "My Baby Soother" pacifier has a ring-shaped handle and a
blue, pink, red, white or yellow heart-shaped mouth guard with
two ventilation holes. The nipple is made of either silicon or
latex. The pacifier package has the words "My Baby Soother"
printed on the top and a picture of an infant on the background.  
Pictures of the hazardous products are available at
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10021.html

Distributors and retailers who purchased the "My Baby Soother"
pacifiers from T & L Trading should immediately stop distributing
the pacifier and call CPSC.  Consumers should immediately take
the recalled pacifiers away from infants and toddlers and discard
them.


TARGET CORP: Recalls 610,000 Halloween Flashlights
--------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Target Corp., of Minneapolis, Minn., announced a voluntary recall
of about 610,000 Halloween Flashlights.  Consumers should stop
using recalled products immediately unless otherwise instructed.

The flashlights were manufactured by DGI LLC, of Warren, N.J. and
Tien Hsing, of Wanchai, Hong Kong

The flashlights can overheat and melt, posing a burn hazard to
consumers.

The firm has received eight reports of flashlights overheating
and melting, including one report of burns to the hand.

This recall involves two types of Halloween-themed flashlights:
the mini flashlights and flashlights sold with stencils.


     -- Mini Flashlights -- The mini flashlights have a key ring
extending from the bottom and were sold in a pack of three
colors: orange, green and black. The orange and purple packaging
has "Mini Flashlights (3 Pack)" printed on the front and "DGI",
"Made in China" and "DPCI# 234-02-1813" printed on the back.

     -- Standard Size Flashlights -- Also included in the recall
are standard sized flashlights with a black handle and an orange
top. The flashlights were sold with six stencils in various
colors and images: a pumpkin, ghost, spider, cat, witch and skull
& cross-bones. "Flashlight with Stencil" is printed on the front
and "Tien Hsing," "Made in China" and "234 02 1838" is printed on
the back of the packaging.

Pictures of the recalled products are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10026.html

The recalled flashlights were manufactured in China and sold
exclusively at Target stores nationwide from August 2009 through
September 2009 for $1 for the mini flashlights and $2.50 for the
flashlights with stencils.

Consumer should immediately stop using the flashlights and return
the product to any Target store for a full refund.  For
additional information, contact Target at (800) 440-0680 between
7:00 a.m. and 6:00 p.m., Central Time, Monday through Friday, or
visit the firm's Web site at http://www.target.com/


TWEEN BRANDS: Del. Ct. Clarifies Lead Counsel Selection Process
---------------------------------------------------------------
Alison Frankel at The American Lawyer reports that Halloween put
Chancellor William Chandler III of Delaware Chancery Court in a
playful mood in an Oct. 28 letter opinion denying a motion to
reconsider his choice of lead counsel in a shareholder class
action challenging the merger of Dress Barn and Tween Brands.  
One of the arguments for rehearing made by the firm Chancellor
Chandler didn't pick -- Rigrodsky & Long -- was that the
chancellor erroneously relied on his mistaken impression that the
designated lead plaintiffs had agreed to work together.

"This assertion is simply false," Chancellor Chandler wrote,
adding in a footnote, "This court appreciates holiday festiveness
and cheer, but even at this time of year, it is best not to dress
up or disguise a court's legal reasoning." (Hat tip: Delaware
Corporate and Commercial Litigation Blog)

In a ruling that provides a helpful summary of the criteria for
lead counsel in Delaware class actions, Chandler analyzed
Rigrodsky & Long's four arguments for why he shouldn't have
chosen Levi & Korsinsky as lead counsel, and methodically
dismissed all of them.

In addition to asserting that Chandler mistakenly believed the
Levi firm's clients would cooperate with one another, Rigrodsky
alleged that its complaint was better pled and its client had
suffered greater economic harm. It also argued that because Levi
& Korsinsky had filed a complaint in Ohio before filing in
Delaware, Chancellor Chandler's selection of the firm as lead
counsel "will encourage certain plaintiffs who routinely file
elsewhere to game the system and seek a second bite at the apple
when they are shut out in a competing jurisdiction."

Though the chancellor had his tongue in his cheek when disposing
of some of Rigrodsky's assertions, he wasn't all fun and games.
"Despite [Rigrodsky & Long's] assertion to the contrary, what I
am doing is examining, applying, and upholding Delaware law," he
wrote. "Our precedent clearly holds that the court should
consider several factors when deciding which plaintiff the court
will appoint as lead plaintiff. In [the ruling naming Levi &
Korsinsky lead counsel], I listed these criteria and applied them
to the facts of this case. For several of the factors, the race
between potential lead plaintiffs was too close to call. But in
no way do such close races mean the plaintiffs never even had the
opportunity to lace up their shoes."

A copy of the letter opinion in Dutiel v. Tween Brands, Inc., et
al., Civil Action No. 4743-CC, and Hirsh v. Rayden, et al.,
Civil Action No. 4845-CC (Del. Ch. Ct.), is available at:

     http://www.delawarelitigation.com/uploads/file/int16.PDF


U.S. TOBACCO: $40 Million of Unclaimed Funds Going to Charities
---------------------------------------------------------------
Petra Pasternak at The Recorder reports that Christmas has come
early for California's legal aid organizations.

This month, $40 million is going out to more than 100 nonprofits
and charities from money left over in a class action settlement
with makers of chewing tobacco.

The money -- in some cases hundreds of thousands of dollars --
will help local legal groups avoid cutting services and jobs as
they struggle through the recession.

A check for $800,000 arrived at the San Francisco office of
California Rural Legal Assistance last month.  Jose Padilla, its
executive director, said CRLA was bracing for a shortage of about
half a million dollars next year in its $13 million program,
thanks to uncertainty about federal and state funding. The cy
pres money will save the organization from having to cut pay by 7
percent through furloughs, or laying off six to eight of its 60
lawyers. "This is a godsend," Mr. Padilla said.

The Asian Law Caucus ran at a surplus last year, but this year
fundraising for its $2 million budget is below expectations, said
Executive Director Mina Liu. The $400,000 it received Tuesday
"will change the conversation" at its board meeting in November.
Liu said that, had the money not come in, the legal aid
organization would have been discussing cutting services in some
harder-to-reach parts of California, including several hundred
underserved clients in the Central Valley. The money gives her
confidence to go ahead with the two hires, including an attorney,
to deal with increased demand for housing and elder law services.
"A lot of the issue is cash flow, as opposed to where we are in
terms of income and expenses," Ms. Liu said.  "Cy pres boosts the
cash reserves so that we know we can be a little bit more
aggressive in terms of program development."

The Legal Aid Foundation of Los Angeles ended last year in a
deficit, according to Executive Director Silvia Argueta.  After
cuts in travel and training and a hiring freeze, the organization
is close to its $15 million budget this year.  Ms. Argueta said
the $700,000 in cy pres money received last week will allow the
nonprofit to consider hiring a lawyer for housing work and an
intake screener for domestic violence complaints. "We were going
to reduce some services, including foreclosure counseling,"
Argueta said. "Some of our grants are ending for that work."

The Bar Association of San Francisco's Volunteer Legal Services
Program received its check for $500,000 last week. The
organization is planning furloughs that will cost staff between 5
and 10 percent of their salaries in 2010. "Thanks to this money,
we will be able to forestall anything more drastic than that,"
VLSP Executive Director Tiela Chalmers said.

As uplifting as the cash injection is, many nonprofits say the
pain is not nearly over. Chalmers said VLSP won't do away with
its planned furloughs because she believes 2011 will be an even
tougher year than 2010. "Private foundations tend to give their
money based on a rolling average of the last three or four
years," she said. "The more bad quarters we have under our belt,
the worse it's going to look for them, so the less money they
will have to give away." On the government side, Chalmers said,
she isn't counting on stimulus money to continue to keep aid
organizations afloat and the state budget looks to be a mess for
years. "We'll all be reaching out to individual donors, because
that's a much more diversified source of funding."

For S.F.'s AIDS Legal Referral Panel, the cy pres check of
$400,000 represents half its annual budget. Executive Director
Bill Hirsh said the extra money will help cover deficits,
including $120,000 this year, and cushion its reserve fund.

The windfall comes from a 2002 antitrust and unfair competition
case filed against U.S. Tobacco, the maker of Skoal and other
brands of chewing tobacco.  Under the terms of a $96 million
settlement approved last year, money that went unclaimed by
consumers would be distributed to various charities.

Saveri & Saveri's Richard Saveri, who served as plaintiffs' co-
liaison counsel, said he worked with defense lawyers at Latham &
Watkins to determine which charities would receive the funds,
based upon submissions of their work and their needs.

Judge Richard Kramer approved distribution of the funds last
month. He previously awarded the plaintiffs' lawyers $32 million
in fees.

The cy pres doctrine -- which translates roughly to "as near as
possible" -- is sometimes controversial. It's designed to keep
defendants from recouping money set aside but not claimed.

Paul Karlsgodt, a Denver partner at Baker & Hostetler who writes
a blog about class actions, says the approach is problematic in
the context of a settlement, where the defendant has been accused
of misconduct but not found liable. "The purpose of the civil
justice system is to remedy actual harms," Karlsgodt said, "not
to simply punish wrongdoers."

But for the nonprofits and legal aid organizations receiving a
check, it is a much-needed shot in the arm.

Bay Area Legal Aid's Ramon Arias says a $600,000 check arrived,
but he isn't rushing to spend it. "A mistake a lot of legal aid
programs sometimes make is to use one-time money to support
ongoing expenses," he said. Right now, Arias says he's more
focused on the annual donor campaign. "It is the support that is
far more important. I'm hoping our supporters know that."


VERIZON: Defeats Billion-Dollar ERISA Action Over Lawyer's Typo
---------------------------------------------------------------
"We're betting that no one was more relieved by Verizon's Nov. 2
defeat of a $1.67 billion ERISA class action than a former Bell
Atlantic in-house lawyer named Barry Peters," Alison Frankel at
The American Lawyer reports.  Mr. Peters, as he testified at a
September hearing in the case, was responsible for the
typographical error in the Bell Atlantic ERISA plan that was the
basis of the billion-dollar class claims.

Anyone could have made the mistake Mr. Peters made.  In the 1990s
-- before it was acquired by Verizon -- Bell Atlantic switched
over from one pension plan to another.  It was a major
undertaking, and to assure employees that the change was fair,
the company boosted opening balances in the new plan by
multiplying the cash-out value of each employee's stake in the
old plan by a variable "transition factor" that was based on age
and years of service.

All of Bell Atlantic's literature to employees about the pension
plan made it clear that the transition factor multiplier was
supposed to be applied once.  But as in-house ERISA lawyer Mr.
Peters drafted iterations of the new plan, he added a mention of
the transition factor multiplier in the middle of a sentence --
and then forgot to delete it from the end of the sentence.  The
implication of his mistake was that employees' holdings in the
old plan would be multiplied by the transition factor not once,
but twice.  The inadvertent doubling, according to Monday's 105-
page ruling for Verizon, would have boosted Bell Atlantic's
pension liability by $1.67 billion.

A copy of the Nov. 2 Memorandum Opinion and Order in Young v.
Verizon's Bell Atlantic Cash Balance Plan, et al., Case No.
05 C 7314 (N.D. Ill.), is available at:

     http://amlawdaily.typepad.com/verizonpension.pdf

Mr. Peters' mistake, in other words, had huge implications.  But
no one, including Bell Atlantic's outside ERISA counsel from
Morgan, Lewis & Bockius, noticed it at the time.

Even when Bell Atlantic pension plan participants filed their
ERISA class action against Verizon in 2005, they didn't cite it.
The plaintiffs, represented by Susman Heffner & Hurst, Allen
Engerman, and Jeffrey Engerman, first alleged Bell Atlantic had
used the wrong discount rate in calculating employees' opening
balances in the new plan.  Only six months later, in an amended
complaint, did the class claim it was due damages based on Bell
Atlantic's failure to comply with plan language called for the
transition factor to be applied twice.

"Everyone said we didn't notice it," plaintiffs counsel Arthur
Susman said.  "We did. The question wasn't whether we noticed it,
it was whether we asserted it."

Although it was clear from everything else Bell Atlantic told
employees about the pension plan changeover that the company only
intended the transition factor to be applied once, when Chicago
federal district court Magistrate Judge Morton Denlow considered
the motion to dismiss filed by Verizon's lead counsel at
Covington & Burling, he ruled that the language of the plan as
mistakenly drafted by Peters was not ambiguous and the plan
administrator did not have the discretion to interpret it
otherwise.

After that ruling, Verizon's only recourse was to ask the court
to reform the ERISA plan and order Mr. Peters' mistake to be
corrected as a harmless "scrivener's error." Covington and local
counsel from Greenberg Traurig argued that plan participants and
Bell Atlantic mutually understood the transition factor was only
to be applied once.

Denlow held two days of trial on the issue, at which Mr. Peters
and Robert Abramowitz of Morgan Lewis testified in person. Mr.
Peters, who is now retired and serves on the city council of
Bainbridge Island, Wash., took full blame for the mistake.  "I
believe I made an error that was unintentional and I did not know
I made the error," he testified.  "It was a good faith error
which I regret."

Magistrate Denlow was apparently persuaded.  In an exhaustive
105-page ruling, he entered judgment for Verizon, ruling that the
ERISA plan language should be changed to eliminate the second
reference to the transition factor multiplier.  "The phrase
calling for a second multiplication was a drafting error," he
wrote.  "No evidence exists to suggest that any plan participant
relied upon the error. In fact, the course of dealing between
defendants and the plan participants shows that benefits were
consistently calculated by multiplying the transition factor
once. To enforce the erroneous plan provision now would result in
an enormous windfall to the class participants.

                            *********

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

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

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