CAR_Public/091119.mbx             C L A S S   A C T I O N   R E P O R T E R

          Thursday, November 19, 2009, Vol. 11, No. 229
  
                            Headlines

3COM CORP: Shareholders Sue to Get More from Hewlett-Packard
ALTA COLLEGES: Texas Lawsuit Claims On-Line School is a Scam
AT&T INC: Paying $65 Mil. to Settle Missouri Tax Class Action
AURORA HEALTH: Class Suit Claims Insurer Violated Privacy Rules
AURORA LOAN: Sued, with Treasury Dept., by Troubled Homeowners

BURGER KING: Franchisee Association Sues Over $1 Cheeseburger
CCDN LLC: Attorneys Charged with Taking $24 Mil. in Debt Scam
DIEDRICH COFFEE: Shareholders Want More Money from Peet's Coffee
FLORIDA: ACLU Seeks Help With Minority High School Dropouts
GENERAL MILLS: Class Action Suit Alleges Fake Fiber in Products

HEWLETT-PACKARD: Sued in N.D. Calif. Over Crashing Computers
JOS. A. BANK: Class Discrimination Suit Filed in N.D. Calif.
KELLOGG CO: Class Action Suit Alleges Fake Fiber in Products
MAGNA-RX: Calif. Lawsuit Says Male Enhancement Product is Phony
PACIFIC WEBWORKS: Lawsuit Alleges Work-at-Home Company a Scam

PANDA EXPRESS: Accused of Misrepresenting Vegetarian Menu Items
PAYLESS SHOESOURCE: Bad Grammar Doesn't Alter Insurance Contract
PHILADELPHIA FIRE: Suit Seeks to Remedy Racial Discrimination
SCARGUARD LABS: Calif. Lawsuit Challenges Bruiseguard Ad Claims
SIRIUS XM: Sued in Los Angeles for Illegal Telephone Recording

SNAPNAMES.COM: Internet Domain Name Bidding Complaint Available
SOLVAY PHARMACEUTICAL: Inks Menopause Drug Deception Settlement
TOBACCO LITIGATION: Canadian Cancer Soc. Supports Certification
TOYOTA MOTOR: W.Va. Suit Says ETCS-Intelligent System is Unsafe
TRUMP ORGANIZATION: Luxury High-Rise Owners File Suit in Florida

WACHOVIA SECURITIES: Asia Pulp & Paper Shareholders Sue in Calif.

                    New Securities Fraud Cases

RH DONNELLEY: Wolf Haldenstein Files Shareholder Suit in Delaware
SILICON STORAGE: Milberg Files Shareholder Complaint in Calif.

                            *********

3COM CORP: Shareholders Sue to Get More from Hewlett-Packard
------------------------------------------------------------
Robin Wauters at TechCrunch.com reports that networking and
security services provider 3Com got hit by a shareholder class
action suit seeking to block the $2.7 billion merger agreement
with HP that was announced last week.  The core allegation: 3Com
was sold off too early, for too little.

The plaintiff in this case, New York bankruptcy lawyer David
Shaev, filed the action last Thursday in a Delaware Court,
claiming the proposed agreement -- which involves HP paying
stockholders of 3Com $7.90 a share -- constitutes a breach of
3Com's fiduciary duties owed to public shareholders.  He argues
that 3Com's directors should have pushed for a higher price.

The complaint, which names the entire company's board of
directors, alleges the defendants are attempting to deceive 3Com
shareholders and unfairly deprive them of the true value of their
investment in the company.

The acquisition -- which was clearly leaked -- is currently
awaiting approval from regulators as well as 3Com stockholders.
The transaction is expected to close in the first half of 2010.

Should the merger indeed be completed without a hitch, the class
action will seek damages caused by the alleged breach of
fiduciary duties, TechCrunch.com relates.

A copy of the Complaint in Shaev c. 3Com Corporation, et al.,
Case No. 5067 (Del. Ch. Ct.), is available at:

     http://www.courthousenews.com/2009/11/13/SCA3Com.pdf

The Plaintiff is represented by:

          Carmella P. Keener, Esq.
          ROSENTHAL, MONHAIT & GODDESS, P.A.
          Citizens Bank Center
          919 N. Market St., Suite 1401
          P.O. Box 1070
          Wilmington, DE 19899-1070
          Telephone: 302-656-4433

               - and -  

          HARWOOD FEFFER LLP
          488 Madison Ave.
          New York, NY 10022
          Telephone: 212-935-7400


ALTA COLLEGES: Texas Lawsuit Claims On-Line School is a Scam
------------------------------------------------------------
Tim Hull at Courthouse News Service reports that a class action
claims Alta Colleges and Westwood College soaked students for
tens of thousands of dollars for online courses though the
"colleges" are authorized to provide "distance-learning" in
Texas. The lead plaintiff says he owes nearly $20,000 for student
loans after getting the hard sell from the Westwood sales force
in Colorado.

In his complaint in Travis County Court, Austin, Courtland Walker
says he was searching for online art schools when the defendants
contacted him "aggressively" persuaded him to enroll in a degree
program.

The class claims the for-profit colleges, which also operate
three brick-and-mortar schools in Texas, violate the Texas
Education Code because they are authorized to offer online
courses.

Mr. Walker says that "unregistered" representatives pressured him
to sign up despite his misgivings about the program. He says that
when he tried to quit the program because the school refused to
allow him time to make up work after his power went out for two
weeks in a hurricane, a financial aid representative asked him to
falsify records and say that he was signed up for another
semester, so the school could "collect his financial aid money."
     
"As a purely profit-driven enterprise, Westwood College Online
routinely uses unregistered representatives to solicit, contract
with, and enroll students in a distance education program that
has not been granted a Certificate of Approval by the Texas
Workforce Commission, without regard for the devastating impact
on students who are seeking better lives through higher
education," the class claims.

Also named as defendants are Trav Corp. and Wesgray Corp. dba
Westwood College Online.

Mr. Walker seeks a refund, unspecified damages and a jury trial.

A copy of the Complaint in Walker v. Alta Colleges, et al., Cause
No. D-1-GN-09-003854 (Tex. Dist. Ct., Travis Cty., 353rd J.
Dist.), is available at:

     http://www.courthousenews.com/2009/11/16/AltaColl.pdf

The Plaintiff is represented by:

          John A. Yanchunis, Esq.
          Jillian L. Estes, Esq.
          Jonathan B. Cohen, Esq.
          JAMES, HOYER, NEWCOMBER, SMILJANICH & YANCHUNIS, P.A.
          One Urban Centre, Suite 550
          4830 W. Kennedy Blvd.
          Tampa, FL 33609
          Telephone: 813-286-4100


AT&T INC: Paying $65 Mil. to Settle Missouri Tax Class Action
-------------------------------------------------------------
Joe Harris at Courthouse News Service reports that AT&T will pay
$48.75 million to 270 Missouri cities to settle a class action
over back taxes.  An additional $16.25 million in attorney's fees
will make the total payment $65 million.
     
AT&T underpaid business taxes on land lines.  AT&T claimed,
unsuccessfully, that some of its earnings were tax-free, by
ordinance.
     
AT&T will also pay the cities $10 million a year in the future,
under the settlement. The cities agreed to not challenge AT&T's
right to pass along some of its costs to customers.

But AT&T said it would not pass on to customers any costs related
to attorney's fees.

Preliminary approval of the $65 million settlement by the
Honorable Edward Sweeney in the St. Louis Circuit Court was
reported in the Class Action Reporter on June 30, 2009.  


AURORA HEALTH: Class Suit Claims Insurer Violated Privacy Rules
---------------------------------------------------------------
Lisa Buchmeier at Courthouse News Service reports that Aurora
Health Care revealed patients' health care records in bankruptcy
court filing filings, a class action claims in Milwaukee Federal
Court.  The class claims Aurora violated federal court orders by
including in Proofs of Claim that disclose policyholders medical
treatments and records.

Two named plaintiffs say that Aurora disclosed the private
information of policyholders who filed for Chapter 13 bankruptcy
protection.

Aurora is a "sophisticated medical provider" that is or should be
aware of its patients' privacy rights, the class claims, but
nevertheless made the private treatments a part of the public
records.

The class claims Aurora was sued previously on similar claims,
and settled out of court. It claims that Milwaukee's Federal
Court issued at least two orders -- one in 2003 and one in 2007
-- that prohibited "disclosures of personal identifiers including
medical records." The orders specifically required redactions of
"personal data identifiers" and included medical records as an
example.

The plaintiffs say the release of the confidential information
caused them emotional distress, and subjected them to identity
theft. They seek $25,000 in damages per class member.

A copy of the Complaint in Dandridge, et al. v. Aurora Health
Care, Inc., Case No. 09CV017685 (Wis. Cir. Ct., Milwaukee Cty.),
is available at:

     http://www.courthousenews.com/2009/11/12/Aurora.pdf

The Plaintiffs are represented by:

          Michael J. Watton, Esq.
          Michael J. Maloney, Esq.
          Victoria Kies Garoukin, Esq.
          WATTON LAW GROUP
          225 E. Michigan St., Suite 550
          Milwaukee, WI 53202
          Telephone: 414-273-6858

The Plaintiffs note that a similar complaint was filed against
the insurer in Ottow v. Aurora Health Case, Adv. Pro. No
08-02274 (Bankr. E.D. Wis.).


AURORA LOAN: Sued, with Treasury Dept., by Troubled Homeowners
--------------------------------------------------------------
Ryan Abbott at Courthouse News Service reports that Aurora Loan
Services breached its contract with the federal government by
failing to bail out homeowners at risk of defaulting on their
mortgages, a class action claims in Federal Court.  The class
also claims Treasury Secretary Timothy Geithner failed to help
them though they qualify under the Obama administration's Home
Affordable Modification Program.

Aurora contracted with Fannie Mae under the Home Affordable
Modification Program (HAMP), agreeing to modify loans for
defaulting borrowers or for people at imminent risk of default.
The program is meant to stem the escalating foreclosure rate and
was created as part of the Troubled Asset Relief Program.
The class claims Aurora has refused to evaluate their loans for
modification, even when the borrower clearly meets HAMP
standards.

Homeowners say that when some borrowers approached Aurora with
HAMP requests, it "threatened to institute foreclosure
proceedings, offered forbearance agreements that violate the HAMP
program guidelines by not lowering [their] monthly payments,
required [consumers] to waive substantial legal rights, and
[refused] to guarantee a modification even if the [consumer]
fully complies with the terms of the forbearance agreement".

Aurora's refusal to help these homeowners, without reason,
violates their right to due process, claims the class, which also
sued Assistant Treasury Secretary for Financial Stability Henry
Allison Jr., Acting Director of the Federal Housing Finance
Agency Edward DeMarco, and Fannie Mae.

The claims the federal officials are letting Aurora and other
banks off the hook by letting them deny pleas for help without
cause and foreclosing on homes -- the very thing HAMP was created
to prevent.

The class wants Aurora declared in breach of its HAMP contract,
and required to offer loan modifications to every class member
who qualifies under the program. It wants the government to
enforce HAMP regulations, and a procedure established by which
homeowners can challenge their denial of loan modifications.

A copy of the Complaint in Edwards, et al. v. Aurora Loan
Services, LLC, et al., Case No. 09-cv-02100 (D.C.) (Kennedy, J.),
is available at:

     http://www.courthousenews.com/2009/11/12/HAMP.pdf

The Plaintiffs are represented by:

          Daniel M. Press, Esq.
          CHUNG & PRESS, P.C.
          6718 Whittier Ave., Suite 200
          McLean, CA 22101
          Telephone: 703-734-3800

               - and -  

          Steven Banks, Esq.
          Scott A. Rosenberg, Esq.
          Judith Goldiner, Esq.      
          Oda Friedheim, Esq.
          THE LEGAL AID SOCIETY
          199 Water Street, 3rd Floor
          New York, NY 10038
          Telephone: 212-577-3300


BURGER KING: Franchisee Association Sues Over $1 Cheeseburger
-------------------------------------------------------------
Nick Divito at Courthouse News Service reports that a group
representing Burger King franchisees has filed a class action
against the restaurant over its $1 double cheeseburger promotion.
The National Franchise Association says in Federal Court that the
promo is costing franchisees money, and that Burger King doesn't
have the right to dictate prices.

The group, which represents about 75 percent of the nation's
Burger King franchisees, says the $1 promotion forces Burger King
owners to sell the burger at a 10-cent loss.

The group seeks a declaration that franchise agreements do not
require franchisees to comply with the company's pricing.
A commercial for the $1 cheeseburgers has been broadcast
repeatedly in past weeks during NFL games.

A copy of the Complaint in National Franchisee Assoc. v. Burger
King Corp., Case No. 09-cv-23435 (S.D. Fla.), is available at:

     http://www.courthousenews.com/2009/11/12/Burger%20King.pdf

The Plaintiff is represented by:

          Norman K. Smith, Esq.
          Paul A. Reynolds, Esq.
          Tanya M. Schierling, Esq.
          SOLOMON WARD SEIDENWURM & SMITH, LLP
          401 B Street, Suite 1200
          San Diego, CA 92101
          Telephone: 619-231-0303

               - and -  

          Jeffrey B. Crockett, Esq.
          COFFEY BURLINGTON
          2699 South Bayshore Drive, Penthouse
          Miami, FL 33133
          Telephone: 305-858-2900


CCDN LLC: Attorneys Charged with Taking $24 Mil. in Debt Scam
-------------------------------------------------------------
Tim Hull at Courthouse News Service reports that Legal Debt Cure
and a network of companies and attorneys raked in $24 million by
preying on indebted, vulnerable consumers while "selling
virtually every variation of fraudulent 'debt relief' known to
man," according to a RICO class action in Wilmington, N.C.,
Federal Court.

Lead plaintiff Chris Taylor of Pennsylvania says the defendants -
five companies and 11 people, eight of them attorneys - charged
at least 6,000 consumers more than $4,000 apiece for debt-relief
services they never delivered.

Mr. Taylor says he had more than $30,000 in credit card debt when
he "scraped together" the $4,500 he paid in advance to defendant
Credit Card Solution.
     
The "relief" the company gave him, Mr. Taylor says, consisted of
little more than "instructing its customers to dispute their
debts on frivolous theories, cease paying all debts, and provoke
debt collectors into committing [offenses against federal debt
collection laws] to offset their debts and generate leverage to
force creditors to delete negative information" from credit
reports.

The class claims that the nationwide Credit Collections Defense
Network of phony debt reduction companies continues to prey on
consumers, offering hope but delivering "manifestly incorrect
legal advice," and causing further harm.

"Instead of seeing their debts vanish and their credit scores
raised to new heights, plaintiffs are infinitely worse off . . .
with ruined credit, difficulty finding new jobs, family and
marital stress, collection calls, lawsuits, judgments, and
sheriffs' levies and sales, and are often left with bankruptcy as
their only relief," according to the complaint.

"On top of the humiliation and mental anguish of eventually
admitting to themselves and others that they have been scammed
out of thousands of dollars, very often the last money they had
to their names . . . one or more plaintiffs have attempted or
committed suicide."

The complaint asks for "not less than" $1.4 billion based on
trebled damages in RICO cases: $24 million in actual damages,
"inducing nonpayment" of $150 million in credit card debt, and
another trebling of damages under North Carolina law.

The named defendants are Lee W. Bettis Jr. Esq.; Pat Leigh
Pittman Esq.; Joanne K. Partin Esq.; Robert Emanuel Esq.; Stephen
A. Dunn Esq.; Raymond E. Dunn Jr. Esq.; Emanuel & Dunn PLLC of
North Carolina; Bettis Dunn & Dunn of North Carolina; CCDN LLC of
Nevada; Legal Debt Cure LLC of Nevada; R.K. Lock & Associates of
Illinois dba the Credit Collections Defense Network; Jen Devine;
Robert K. Lock Jr. Esq.; Colleen Tomasino Lock; Philip M. Manger
Esq.; S. John Hagenstein; The Credit Card Solution of Texas; and
Robert Mitchell Lindsey.

A copy of the 127-page Complaint in Taylor v. Bettis, et al.,
Case No. 09-cv-00183 (E.D.N.C.) (Flanagan, J.), is available at:

     http://www.courthousenews.com/2009/11/17/DebtScam.pdf

The Plaintiff is represented by:

          Christopher W. Livingston, Esq.
          2154 Dowd Dairy Road
          White Oak, NC 28399
          Telephone: 910-866-4948


DIEDRICH COFFEE: Shareholders Want More Money from Peet's Coffee
----------------------------------------------------------------
Courthouse News Service reports that Diedrich Coffee is selling
itself too cheaply and through an unfair process to Peet's
Coffee & Tea, shareholders say in Orange County Court, Calif.  

A copy of the Complaint in Mendenhall v. Phillips, et al., Case
No. 30-20009-00318976 (Calif. Super. Ct., Orange Cty.), is
available at:

     http://www.courthousenews.com/2009/11/17/SCACoffee.pdf

The Plaintiff is represented by:

          David E. Bower, Esq.
          LEVI & KORSINSKY, LLP
          600 Corporate Pointe, Suite 1170
          Culver City, CA 90230
          Telephone: 310-839-0442

               - and -  

          Joseph Levi, Esq.
          Juan E. Monteverde, Esq.
          LEVI & KORSINSKY, LLP
          30 Broad St., 15th Floor
          New York, NY 10004
          Telephone: 212-363-7500


FLORIDA: ACLU Seeks Help With Minority High School Dropouts
-----------------------------------------------------------
Izzy Kapnick at Courthouse News Service reports that soaring
numbers of minority dropouts in Palm Beach County schools warrant
a court order to improve the graduation rate, parents say in a
class action. The county's high school graduation rate for black
students was 29 percent lower than that of white students in
2007, according to Florida's self-reported numbers.

Parents say something must be done to curb the compounding
effects of poverty and poor education in West Palm Beach.

In the complaint in Palm Beach County Court, ACLU attorneys say
the county has failed to provide "uniform" and "high-quality"
education. In 2004, only 56 percent of local teen-agers earned a
standard high school diploma within four years. That's 14 percent
below the national average, according to ACLU statistics.

While the lawsuit outlines the problem, it makes few if any
suggestions about what should be done to improve the graduation
rate.

This was a conscious choice, said ACLU attorney Muslima Lewis.

"What's unique about this lawsuit is that it doesn't specify how
the problem should be addressed," Lewis said in an interview. "We
want the court to set the standards, and once those standards are
set up, we'll leave it to the educators."

Mr. Lewis acknowledges that forcing schools to take action may
not be enough. In communities with exceptionally high dropout
rates, social immobility becomes entrenched and systemic poverty
takes hold. The cycle is not easily broken, she said.

"We have to make the state realize the fundamental problem and
take on the challenge," Mr. Lewis said.

The complaint cites Suncoast Community High School to illustrate
how de facto segregation makes it hard for the school district to
reach students in the county's worst neighborhoods.

In the past 10 years, Suncoast has consistently been recognized
as one of the best high schools in the country. Last year,
Newsweek ranked the school No. 7 in the nation and the best in
Florida.

During Suncoast's ascent of the academic rankings, however, the
accelerated courses were mostly occupied by out-of-area white
students who had come from around the county to participate in
its magnet programs. The school struggled to integrate students
from the local community of Riviera Beach, many of whom are
minorities.

The graduation rate among local residents was markedly lower than
the rest of the student body, and though these residents made up
more than half of the school's students, only a handful earned
advanced degrees each year.

Riviera Beach is plagued by one of the highest crime rates in the
country. Riviera Beach and neighboring West Palm Beach are two of
the most dangerous cities in the country, according to FBI
violent crime statistics.

The ACLU sees this de facto segregation as the result of a self-
perpetuating socioeconomic feedback loop. In communities like
Riviera Beach, the school district is battling a culture that
lacks emphasis on education.

"Children of high school dropouts are far more likely to attend
weak or low-performing schools, perform badly in school, and drop
out of school themselves, thereby creating powerful
intergenerational social and economic problems," the complaint
states.

More than half of African-American male dropouts in their early
thirties have criminal records, the ACLU says, citing Department
of Corrections 2003 data.

"There's no magic bullet. There's only so much we can do through
this lawsuit," Mr. Lewis said.  

A copy of the Complaint in Aho, et al. v. State of Florida, et
al., Case No. 502009CA037620 (Fla. Cir. Ct., 15th J. Dist., Palm
Beach Cty.), is available at:

     http://www.courthousenews.com/2009/11/12/Dropouts.pdf

The Plaintiffs are represented by:

          Muslina Lewis, Esq.
          ACLU FOUNDTATION OF FLORIDA, INC.
          4500 Biscayne Blvd., Suite 340
          Miami, FL 33137-3227
            Telephone: 786-363-2700

               - and -  

          Ramona M. Hupp, Esq.
          ACLU Cooperating Attorney
          315 S. Dixie Hwy., Suite 102
          West Palm Beach, FL 33401
          Telephone: 561-833-5787

               - and -  

          Christopher Hansen, Esq.
          Vanita Gupta, Esq.
          AMERICAN CIVIL LIBERTIES UNION FOUNDATION
          125 Broad Street
          New York, NY 10004
          Telephone: 212-549-2500

               - and -  

          Deborah N. Archer, Esq.
          NEW YORK LAW SCHOOL RACIAL JUSTICE PROJECT
          185 West Broadway
          New York, NY 10013
          Telephone: 212-431-2100


GENERAL MILLS: Class Action Suit Alleges Fake Fiber in Products
---------------------------------------------------------------
Bridget Freeland at Courthouse News Service reports that General
Mills and Kellogg mislead consumers about the health benefits of
their fiber snacks, and falsely claim the fiber in them is
natural, according to a federal class action.

GM's "Fiber One chewy bars" and nonfat yogurt, and as Kellogg's
"Fiber Plus Antioxidant chewy bars" contain the non-natural fiber
inulin, which does not have the benefits of natural fiber, and
can even be harmful, the class claims.

Natural can promote regularity, curb hunger, reduce cholesterol
and regulate blood sugar, all of which are beneficial, the class
says.

But it claims GM and Kellogg advertise their non-natural fiber
products as equivalent to sources of natural fiber, such as
"beans and other legumes, fruits and oat products," though the
cereal giants know that is not the truth.

The class claims that the leading fiber in the chewy bars and
yogurt is chicory root extract, a form of inulin.

The Web MD Web site "warns that using too much inulin causes
stomach problems and that women who are pregnant or breast-
feeding should not use inulin," according to the complaint, but
General Mills and Kellogg do not warning customers of that.

Named plaintiff Carolyn Turek says both companies claim that
their chewy bars contain 35 percent of the recommended daily
amount of fiber, but fail to mention that it is not the type of
fiber that is known to have health benefits. She says she bought
the chewy bars and "Fiber One NonFat Yogurt," which GM
deceptively claims to have 5 grams of fiber per serving.

Turek says that General Mills and Kellogg lie to consumers for
financial gain. General Mills' annual report announced 2009 sales
for its snack division were over $1.2 billion, a 4 percent
increase due to its "grain snacks," which include its "FiberOne"
chewy bars. "Sales of the foregoing chewy bars represent
significant revenues for . . . Kellogg" as well, Turek says.

She seeks class damages and restitution for consumer fraud and
deceptive business practices. She also wants the companies
prohibited from destroying information they have used to
advertise the products.

A copy of the Complaint in General Mills, Inc., and Kellogg
Company, Case No. 09-cv-07038 (N.D. Ill.), is available at:

     http://www.courthousenews.com/2009/11/12/FiberChi.pdf

The Plaintiff is represented by:

          Ronald W. Teeple, Esq.
          175 W. Jackson Blvd., Suite 240
          Chicago, IL 60604
          Telephone: 312-986-3223

               - and -  

          Michael H. Erdman, Esq.
          175 W. Jackson Blvd., Suite 240
          Chicago, IL 60604
          Telephone: 312-986-3226


HEWLETT-PACKARD: Sued in N.D. Calif. Over Crashing Computers
------------------------------------------------------------
Maria Dinzeo at Courthouse News Service reports that Hewlett-
Packard knows its Pavilion Elite computers have bad motherboards
that make them virtually useless but concealed the defect,
according to a federal class action. One customer's computer
crashed while he was decribing its problems in an online forum
about it, according to the complaint.

Lead plaintiff Michael Kent says his HP computer began freezing
up and displaying "blue screen errors" on a daily basis two weeks
after he bought it.

Mr. Kent says the errors usually occur 10 to 20 minutes after
turning on the computer.  HP recommended several fixes "to
improve system stability," but none worked, Mr. Kent says.

Mr. Kent says he went online to an HP forum and saw that other
customers have the same problems.  One customer's computer froze
while typing a response to the thread, according to the
complaint.

The class seeks restitution and compensatory and punitive
damages, saying HP falsely advertised their computers as fast and
reliable.

A copy of the Complaint in Kent v. Hewlett-Packard Company, Case
No. 09-cv-05341 (N.D. Calif.), is available at:

     http://www.courthousenews.com/2009/11/13/HPPavilion.pdf

The Plaintiff is represented by:

          Marc H. Edelson, Esq.
          EDELSON & ASSOCIATES, LLC
          45 W. Court Street
          Doylestown, PA 18901
          Telephone: (215) 230-8043

               - and -  

          Jeffery L. Kodroff, Esq.
          SPECTOR ROSEMAN KODROFF & WILLIS, P.C.
          1818 Market Street, Suite 2500
          Philadelphia, PA 19103
          Telephone: 215-496-0300

               - and -  

          Michael Francis Ram, Esq.
          RAM & OLSON LLP
          555 Montgomery Street, Suite 820
          San Francisco, CA 94111
          Telephone: 415-433-4949


JOS. A. BANK: Class Discrimination Suit Filed in N.D. Calif.
------------------------------------------------------------
Kathy Robertson and Kelly Johnson at the Sacramento Business
Journal report that a Sacramento attorney has filed a class
action against one of the nation's leading retailers of upscale
men's clothing, alleging racial discrimination against thousands
of black employees in more than 140 stores throughout the western
United States.

The lawsuit was filed by:

          Anthony M. Perez, Esq.
          Perez Law Offices
          Wells Fargo Center
          400 Capitol Mall, Suite 1100
          Sacramento, CA 95814
          Telephone: (916) 441-0500

against Jos. A. Bank Clothiers Inc. last week in U.S. District
Court in San Francisco.  The lead plaintiff is Casey Stewart, a
black man who was allegedly terminated from the company's store
on Arden Way in October after he filed discrimination complaints
with the Equal Employment Opportunity Commission and the
California Department of Fair Housing and Employment. Stewart
alleges he was treated differently from white employees, denied
promotions and pay increases, had his hours cut and was harassed
at work.

The lawsuit alleges the problem goes far beyond a single employee
to many others like him.  The national retailer "systematically
takes adverse employment actions against qualified, high-
performing African-American employees in management positions by
giving them less-desirable job assignments, lower pay, fewer
promotional opportunities, more frequent and harsher discipline
and retaliating for complaining about said illegal conduct,"
court documents allege.

The lawsuit seeks class status, an injunction against this kind
of behavior, development of a policy that provides equal
employment opportunities for all African-Americans.  It also
seeks a court order to restore the plaintiff and other members of
the class to their "rightful positions" - or pay benefits if
reinstatement is not possible -- along with back pay and damages,
punitive damages and court costs.

"There was a policy in the Western region of the United States to
prohibit qualified African-Americans from obtaining management
positions with Jos. A. Bank," Mr. Perez said. "Not only was that
the policy and procedure, but Mr. Stewart was fired as a result
of filing complaints with the EEOC and DFEH."

Mr. Stewart has a bachelor's degree in marketing and previously
worked as an assistant manager at Target for 10 years, Mr. Perez
said. He also served in the special forces of the U.S. Army.

"It's terrible that someone who served the armed forces in a
special forces unit has to experience the kind of race
discrimination that Mr. Stewart has gone through," Mr. Perez
said.

The retailer, which is based in Hampstead, Md., operates about
470 stores in 42 states and Washington, D.C.


KELLOGG CO: Class Action Suit Alleges Fake Fiber in Products
------------------------------------------------------------
Bridget Freeland at Courthouse News Service reports that General
Mills and Kellogg mislead consumers about the health benefits of
their fiber snacks, and falsely claim the fiber in them is
natural, according to a federal class action.

GM's "Fiber One chewy bars" and nonfat yogurt, and as Kellogg's
"Fiber Plus Antioxidant chewy bars" contain the non-natural fiber
inulin, which does not have the benefits of natural fiber, and
can even be harmful, the class claims.

Natural can promote regularity, curb hunger, reduce cholesterol
and regulate blood sugar, all of which are beneficial, the class
says.

But it claims GM and Kellogg advertise their non-natural fiber
products as equivalent to sources of natural fiber, such as
"beans and other legumes, fruits and oat products," though the
cereal giants know that is not the truth.

The class claims that the leading fiber in the chewy bars and
yogurt is chicory root extract, a form of inulin.

The Web MD Web site "warns that using too much inulin causes
stomach problems and that women who are pregnant or breast-
feeding should not use inulin," according to the complaint, but
General Mills and Kellogg do not warning customers of that.

Named plaintiff Carolyn Turek says both companies claim that
their chewy bars contain 35 percent of the recommended daily
amount of fiber, but fail to mention that it is not the type of
fiber that is known to have health benefits. She says she bought
the chewy bars and "Fiber One NonFat Yogurt," which GM
deceptively claims to have 5 grams of fiber per serving.

Turek says that General Mills and Kellogg lie to consumers for
financial gain. General Mills' annual report announced 2009 sales
for its snack division were over $1.2 billion, a 4 percent
increase due to its "grain snacks," which include its "FiberOne"
chewy bars. "Sales of the foregoing chewy bars represent
significant revenues for . . . Kellogg" as well, Turek says.

She seeks class damages and restitution for consumer fraud and
deceptive business practices. She also wants the companies
prohibited from destroying information they have used to
advertise the products.

A copy of the Complaint in General Mills, Inc., and Kellogg
Company, Case No. 09-cv-07038 (N.D. Ill.), is available at:

     http://www.courthousenews.com/2009/11/12/FiberChi.pdf

The Plaintiff is represented by:

          Ronald W. Teeple, Esq.
          175 W. Jackson Blvd., Suite 240
          Chicago, IL 60604
          Telephone: 312-986-3223

               - and -  

          Michael H. Erdman, Esq.
          175 W. Jackson Blvd., Suite 240
          Chicago, IL 60604
          Telephone: 312-986-3226


MAGNA-RX: Calif. Lawsuit Says Male Enhancement Product is Phony
---------------------------------------------------------------
Courthouse News Service reports that Dr. George Aguilar and
Magna-Rx made millions of dollars pushing a phony male
enhancement product, "Magna RX+," a class action claims in Los
Angeles Superior Court.


PACIFIC WEBWORKS: Lawsuit Alleges Work-at-Home Company a Scam
-------------------------------------------------------------
Bridget Freeland at Courthouse News Service reports that Pacific
WebWorks runs a "work-at-home" Internet scam that falsely
promises people can earn "thousands of dollars" by buying a
"Google Business Kit," then charges outrageous, hidden monthly
fees, according to a class action in Cook County Court. It's not
the first recent case in which a company is accused of using
(nonparty) Google's name to sucker people for money.

Pacific WebWorks uses spam emails and banners ads and fake news
articles, blogs, testimonials and photos to push its "work-at-
home" products, which are "promised at the minimal price of $2.00
or less," the class claims.

The class claims that Pacific falsely promises that consumers
"will work directly with and be well-paid by the giant web search
engine Google."

But Nevada-based Pacific WebWorks charges its customers $69.90 to
$79.90 per month once it gets ahold of a credit card number, and
sometimes adds another $24.90 a month "for another, unknown
product," the class says.

The extra, recurring charges are hidden in small print or not
listed at all on Pacific's checkout page, according to the
complaint.

The class says that Pacific runs several bogus news sites, with
false testimonials. For instance, "Mary Steadman" claims she
"'quit her boring job as a manufacturer's representative' and
'now makes $6500+ a month.'"

"Mary Steadman" is the "most widely used fake person" in bogus
testimonials, the complaint adds.

Pacific allegedly lures customers by falsely claiming that its
products have been seen on Fox News, CNN and USA Today. It
pressures consumers to make a quick purchase through the use of
"timers counting down the minutes left before an offer
'expires,'" or statements such as, "these kits are going FAST!"
and "LIMITED TIME OFFER!" according to the complaint.

Named plaintiff, Barbara Ford, who is "elderly, retired and on a
fixed income," says that she came across one of Pacific's new
stories on her AOL homepage. The article pitched a "Google work-
at-home opportunity," and "described the life-changing experience
of a woman that utilized a Pacific WebWorks product to make
$5,000 a month," she says.

Ms. Ford authorized a charge of $1.97 to her credit card for a
"Google Business Kit," and was unaware that she had putatively
"consented" to an additional charge of $79.90.  Ms. Ford says
Pacific never ever sent her the kit, and refused to issue a
refund.

The class claims that Pacific sells its victims' information to
third-party merchants as well.

The class demands damages and restitution from Pacific WebWorks
and its unidentified marketing affiliates, alleging consumer
fraud, deceptive business and trade practices, breach of
contract, unjust enrichment and violations of the Automatic
Contract Renewal Act.

A copy of the Complaint in Ford v. Pacific WebWorks, Inc., Case
No. 09CH44278 (Ill. Cir. Ct., Cook Cty.), is available at:

     http://www.courthousenews.com/2009/11/12/FakeNews.pdf

The Plaintiff is represented by:

          Christopher Dore, Esq.
          Will Haselden, Esq.
          KAMBEREDELSON, LLC
          350 North LaSalle, Suite 1300
          Chicago, IL 60654
          Telephone: 312-589-6370


PANDA EXPRESS: Accused of Misrepresenting Vegetarian Menu Items
---------------------------------------------------------------
Courthouse News Service reports that Panda Express misrepresents
six of its menu items as vegetarian though they are prepared with
animal flesh or chicken stock, a class action claims in Los
Angeles Superior Court.


PAYLESS SHOESOURCE: Bad Grammar Doesn't Alter Insurance Contract
----------------------------------------------------------------
Annie Youderian at Courthouse News Service reports that a
misplaced modifier in an insurance contract may be a "syntactical
sin," but it doesn't require Travelers Insurance to reimburse
Payless ShoeSource for a $2.45 million class-action settlement,
the 10th Circuit ruled.


Payless wanted the insurer to cover the costs of settling a 2003
class action accusing the shoe retailer of forcing employees to
work off the clock, among other alleged labor code violations.

When Travelers refused, citing its exclusions provision, Payless
sued in Kansas state court, claiming a misplaced modifier left
out state claims similar to the Fair Labor Standards Act.

But Travelers insisted that, even if the modifier was misplaced,
the contract clearly excludes coverage for Payless' claim.

Both the district court and the Denver-based appellate panel
rejected Payless' grammatical argument.

"[W]hile misplaced modifiers are syntactical sins righteously
condemned by English teachers everywhere, our job is not to
critique the parties' grammar, but only, if possible, to adduce
and enforce their contract's meaning," Judge Gorsuch wrote for
the Denver-based appellate panel.

"Here, a punctuation peccadillo notwithstanding, the meaning of
the parties' contract is unambiguous. By operation of the plain
terms of the agreement, Payless has no claim for coverage against
Travelers."

The dispute centered on this policy exclusion:

     "The Insurer shall not be liable for Loss on account of any
     Claim made against any Insured . . . for an actual or
     alleged violation of the Fair Labor Standards Act (except
     the Equal Pay Act), the National Labor Relations Act, the
     Worker Adjustment and Retraining Notification Act, the
     Consolidated Omnibus Budget Reconciliation Act of 1985, the
     Occupational Safety and Health Act, the Employee Retirement
     Security Act of 1974, any workers' compensation,
     unemployment insurance, social security, or disability
     benefits law, other similar provisions of any federal,
     state, or local statutory or common law or any amendments,
     rules or regulations promulgated under any of the foregoing;
     provided, however, this exclusion shall not apply to any
     Claim for any actual or alleged retaliatory treatment on
     account of the exercise of rights pursuant to any such law,
     rule or regulation."

A copy of the slip opinion in Payless Shoesource, Inc. v. The
Travelers Companies, Inc., No. 08-3246 (10th Cir.), is available
at:

     http://www.ca10.uscourts.gov/opinions/08/08-3246.pdf

Payless is represented by:

          Mark F. Rosenberg, Esq.
          SULLIVAN & CROMWELL LLP
          25 Broad Street
          New York, NY 10004-2498
          Telephone: 212-558-4000

               - and -  

          Michael J. Abrams, Esq.
          R. Kent Sellers, Esq.
          LATHROP & GAGE LLP
          2345 Grand Boulevard
          Kansas City, MO 64108

Travelers is represented by:

          Stephen M. Kerwick, Esq.
          FOULSTON SIEFKIN LLP
          1551 N. Waterfront Parkway, Suite 100
          Wichita, KS 67206-4466
          Telephone: 316-267-6371


PHILADELPHIA FIRE: Suit Seeks to Remedy Racial Discrimination
-------------------------------------------------------------
Courthouse News Service reports that the NAACP claims The
Philadelphia Fire Fighters Union Local No. 22, International
Association of Firefighters subjects black firefighters to racial
abuse, as indicated by the name of the co-defendant, the
Concerned American Fire Fighters Association, Philadelphia
Chapter of the Caucasian American Fire Fighters Association, in a
class action in Philadelphia Federal Court.

A copy of the Complaint in Club Valiants, Inc., aka Philadelphia
Chapter of the International Association of Black Professional
Fire Fighters, et al. v. Concerned American Fire Fighters
Association, et al., Case No. 09-cv-05271 (E.D. Pa.) (Rufe, J.),
is available at:

     http://www.courthousenews.com/2009/11/13/EmployFire.pdf

The Plaintiffs are represented by:

          Brian R. Mildenberg, Esq.
          David S. Mildenberg, Esq.
          MILDENBERG AND STALBAUM, P.C.
          123 S. Broad Street, Suite 1610
          Philadelphia, PA 19109
          Telephone: (215) 545-4870


SCARGUARD LABS: Calif. Lawsuit Challenges Bruiseguard Ad Claims
---------------------------------------------------------------
Courthouse News Service reports that Scarguard Labs pushes its
"Bruiseguard" product with false claims, a class action claims in
Los Angeles Superior Court.


SIRIUS XM: Sued in Los Angeles for Illegal Telephone Recording
--------------------------------------------------------------
Courthouse News Service reports that Sirius XM Radio recorded
telephone conversations without customers' knowledge, which is
illegal in California, according to a class action in Los Angeles
Superior Court.

The Plaintiff in Batmanghelich v. Sirius XM Radio, Inc., Case No.
BC423746 (Calif. Super. Ct., Los Angeles Cty.), is represented
by:

          Kenneth S. Gaines, Esq.
          Daniel F. Gaines, Esq.
          GAINES & GAINES, APLC
          21550 Oxnard St., Suite 980
          Woodland Hills, CA 91367
          Telephone: 818-703-8985

               - and -  

          Scott A. Miller, Esq.
          LAW OFFICES OF SCOTT A MILLER, APC
          16133 Ventura Blvd., Suite 645
          Encino, CA 91436
          Telephone: 818-788-8081

               - and -  

          Steven L. Miller, Esq.
          STEVEN L. MILLER, PPLC
          16133 Ventura Blvd., Suit 645
          Encino, CA 91436
          Telephone: 818-986-8900


SNAPNAMES.COM: Internet Domain Name Bidding Complaint Available
---------------------------------------------------------------
As reported in the Sept. 11, 2009, edition of the Class Action
Reporter, a class action lawsuit alleging an Internet domain name
bidding scandal was filed against Snapnames.com, Inc.  
Oversee.net, Inc., is also named as a defendant.  

A copy of the Complaint in Cueto v. Snapnames.com, Inc., et al.,
Case No. 09-81725 CA 13 (Fla. Cir. Ct., 11th J. Cir., Miami-Dade
Cty.), is available at:

     http://www.courthousenews.com/2009/11/16/OnlineComm.pdf


SOLVAY PHARMACEUTICAL: Inks Menopause Drug Deception Settlement
---------------------------------------------------------------
A proposed Settlement has been reached in Yarrington, et al. v.
Solvay Pharmaceuticals, Inc., Case No. 09-cv-02261 (D. Minn.), a
class action lawsuit regarding the marketing of the hormone
replacement therapy drugs Estratest and Estratest H.S., on behalf
of all individuals who purchased Estratest on or after March 8,
1998 in any state of the United States of America other than the
State of California.  The Settlement will create a fund of
$16,500,000 and will pay those who submit valid claims.  It will
also pay fees for the lawyers appointed by the Court and any
awards to the Settlement Class Representatives approved by the
Court, plus expenses and the costs of the notice and settlement
administration.

Objections and opt-out notices must be filed and served by
Jan. 2, 2010.  The Honorable Richard H. Kyle has scheduled a
Fairness Hearing on Feb. 10, 2010, in St. Paul, Minn.  Claims
must be filed by Mar. 17, 2010.  

The Court has appointed these lawyers to represent Settlement
Class Members:

          Michael W. Sobol, Esq.
          Jaron Shipp, Esq.
          LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
          275 Battery Street, 28th Floor
          San Francisco, CA 94111

               - and -  

          Elizabeth A. Alexander, Esq.
          One Nashville Place
          150 Fourth Avenue North, Suite 1650
          Nashville, TN 37219

               - and -  

          Daniel E. Gustafason, Esq.
          Brian L. Williams, Esq.
          GUSTAFSON GLUEK PLLC
          608 Second Avenue South
          650 Northstar East
          Minneapolis, MN 55402

Additional information about this litigation is available at:

     http://www.estratestsettlement.com/

which is maintained by Rust Consulting in its capacity as the
Settlement Administrator.  

The filing of this lawsuit was covered in the Sept. 2, 2009,
edition of the Class Action Reporter.  


TOBACCO LITIGATION: Canadian Cancer Soc. Supports Certification
---------------------------------------------------------------
The Telegram reports that the Canadian Cancer Society is
supporting a court appeal this week that will attempt to start a
class action over light cigarettes.

In a news release, the society said the Sparkes case proceeding
as a class action would provide "necessary access to justice."
Without class-action certification, thousands of consumers in the
province would have no practical remedy "as a result of the
'light' and 'mild' deception," the society said.

The case returns to court Wednesday and Thursday, when the
Newfoundland and Labrador Court of Appeal will begin hearing
arguments as to whether a lawsuit against Imperial Tobacco for
deception related to so-called "light" cigarettes should be
certified to proceed as a class action.   

In 2008, the Trial Division of the Supreme Court of Newfoundland
and Labrador ruled the case could not proceed as a class action
because the cigarettes weren't purchased directly from the
manufacturer.

The plaintiffs are represented by:

          Chesley F. Crosbie, Q.C.
          Ches Crosbie Barristers
          169 Water Street
          St. John's, NL A1C 1B1
          CANADA
          Telephone: (709) 579-4000

Imperial Tobacco is represented by:

          James L. Thistle, Q.C.
          MCINNES COOPER
          10 Fort William Place
          PO Box 5939
          St. John's, NL A1C 5X4
          CANADA
          
The Attorney General of Canada is represented by:

          William Everett, Q.C.
          LAWSON LUNDELL
          925 West Georgia Street
          Suite 1600 Cathedral Place
          Vancouver, BC V6C 3L2
          CANADA

The society said in British Columbia, in a case similar to
Sparkes, the Knight v. Imperial Tobacco Canada Ltd. case has been
certified to proceed as a class action. In Quebec, there are two
broad product liability class actions that have been certified to
proceed against Imperial Tobacco and the two other major tobacco
companies.

The cancer society also noted that in a 2002 judgment upholding
federal advertising restrictions, the Quebec Superior Court
concluded "the industry has always known that light cigarettes
are as damaging to health as regular cigarettes but has
nevertheless mounted a subtle marketing plan that leads smokers
to infer they should smoke light cigarettes if they are concerned
about their health."

Imperial Tobacco and other major tobacco companies removed
"light" and "mild" descriptors because of a 2006 settlement with
the federal Competition Bureau. But, the Cancer Society remains
concerned that tobacco companies continue to engage in package
deception that misleads consumers.  

Nine provinces have also brought forward legislation to recover
Medicare costs related to smoking, while three provincial
governments -- B.C., Ontario and New Brunswick -- have filed
lawsuits.

This province has legislation introduced but not yet proclaimed.


TOYOTA MOTOR: W.Va. Suit Says ETCS-Intelligent System is Unsafe
---------------------------------------------------------------
Courthouse News Service reports that Toyota and Lexus vehicles
with the ETCS-Intelligent System "have a dangerous propensity to
suddenly accelerate without driver input and against the
intentions of the driver," due to faulty sensors and electronic
processors, a class action claims in Charleston, W.Va. Federal
Court.

A copy of the Complaint in Graves, et al. v. Toyota Motor
Manufacturing, West Virginia, Inc., et al., Case No. 09-cv-01247
(S.D. W.Va.), is available at:

     http://www.courthousenews.com/2009/11/16/Toyota.pdf

The Plaintiffs are represented by:

          Eric B. Snyder, Esq.
          Benjamin L. Bailey, Esq.
          Robert P. Lorea, Esq.
          BAILEY & GLASSER, LLP
          209 Capitol Street
          Charleston, WV 25301
          Telephone: 304-345-6555

               - and -  

          Edgar D. Heiskell, III, Esq.
          P.O. Box 3232
          Charleston, WV 25332-3232


TRUMP ORGANIZATION: Luxury High-Rise Owners File Suit in Florida
----------------------------------------------------------------
Donald Trump is in hot water again -- this time in Tampa where
Trump Tower Tampa buyers allege that the real estate mogul
misrepresented his stake in the ill-fated condominium development
in Downtown Tampa and committed fraud to line his pockets with
their hard-earned dollars.  In a suit filed jointly on Nov. 12,
2009 by:

          J. Daniel Clark, Esq.
          CLARK & MARTINO, P.A.
          3407 W, Kennedy Boulevard
          Tampa, FL 33609
          Telephone: 813-879-0700

               - and -  

          Kenneth G. Turkel, Esq.
          WILLIAMS SCHIFINO MANGIONE & STEADY, P.A.
          201 N. Franklin St., Suite 3200
          Tampa, FL 33602
          Telephone: 813-221-2626

the 30 plaintiffs in the complaint are seeking damages on several
different counts including an Interstate Land Sales Full
Disclosure Act (ILSA) violation, negligent misrepresentation and
fraudulent misrepresentation.  Similar, but not identical, suits
against Trump were recently filed in Miami, Florida and Baja
California.

Evidentiary support for the complaint includes video of Trump
talking about his large stake in the development, press releases
in which Trump announced the he would be developing the 52-story
ultra-luxury condominium with a local partner, and marketing
collateral and newsletters -- all of which state the Trump was an
integral, if not the main component, leading the charge on the
project.

With constant updates and press releases, Trump aggressively
promoted the Trump Tower Tampa development -- Donald Trump was
announcing all press releases, in which Donald Trump held himself
out as making vital decisions in selecting the general
contractor, the look and feel of the project, and in all
respects, being the lead partner and developer of Trump Tower
Tampa. Donald Trump led everyone to believe that he had a
substantial stake in this project.

"These people, the plaintiffs, spent thousands upon thousands of
dollars based on Mr. Trump's assertions that he himself had a
significant stake in the property and was the primary developer.
They wanted to live in the house that Trump built. What they got
was misled and deprived of a home. We want to make this right,"
says Clark.

A copy of the Complaint in Aaron v. The Trump Organization, Inc.,
et al., Case No. 09-28462 (Fla. Cir. Ct., 13th J. Dist.,
Hillsborough Cty.), is available at:

     http://www.clarkmartino.com/Trump%20Lawsuit%20Files/Trump%20Complaint.pdf

Clark & Martino, P.A., is a nationally recognized trial law firm
specializing as consumer protection attorneys. For more than 30
years, Clark & Martino has practiced in all areas of consumer
protection law as well as class action litigation. Each attorney
in Tampa from Clark & Martino is part of our firm's 100-plus
years of combined experience. The firm's expertise has resulted
in significant recoveries for its clients in areas as diverse as
consumer fraud, class action litigation, premises liability,
defective products, medical malpractice, auto accidents, as well
as all other areas of personal injury law. All partners of the
firm are members of the Million Dollar Advocates Forum, which
recognizes those lawyers who have demonstrated exceptional skill,
experience, and excellence in advocacy by achieving a trial
verdict or settlement of one million dollars or more. For more
information, please visit http://www.clarkmartino.com/

Williams Schifino is among the most prestigious business law
firms in Tampa, and has achieved national recognition for its
expertise in business litigation. The firm brings to the table a
combination of knowledge and experience with progressive
approaches and cutting-edge technology. This balance allows
Williams Schifino to effectively serve a wide variety of legal
needs in the contemporary business environment. Responsive,
diligent, astute and efficient - that's the firm's practice. And
it's on this foundation that its attorneys work to build solid
relationships with clients and assist them with expert legal
advice that meets their individual needs. For more information,
please visit http://www.wsmslaw.com/


WACHOVIA SECURITIES: Asia Pulp & Paper Shareholders Sue in Calif.
-----------------------------------------------------------------
Maria Dinzeo at Courthouse News Service reports that Wachovia did
not notify Asia Pulp & Paper shareholders they were entitled to
reimbursement from a securities class-action settlement,
stockholders say in a federal class action.

Asia Pulp & Paper issued misleading press releases and financial
statements to drive up the price of its stock, and Wachovia, as
nominee purchaser, "failed to give notice to the beneficial
owners . . . as ordered by the District Court in its Order
preliminarily approving the class settlement," according to the
complaint. "This failure resulted in the beneficial owners losing
any chance of recovery under the settlement agreement."

Wells Fargo and Wachovia and Wells Fargo affiliates also are
named as defendants.

The class demands restitution and damages for negligence.

A copy of the Complaint in Kagan, et al. v. Wachovia Securities,
L.L.C., et al., Case No. 09-cv-05337 (N.D. Calif.), is available
at:

     http://www.courthousenews.com/2009/11/13/Wachovia.pdf

The Plaintiffs are represented by:

          Brian S. Kabateck, Esq.
          Richard L. Kellner, Esq.
          Alfredo Torrijos, Esq.
          KABATECK BROWN KELLNER LLP
          644 South Figueroa Street
          Los Angeles, CA 90017
          Telephone: 213-217-5000


                   New Securities Fraud Cases

RH DONNELLEY: Wolf Haldenstein Files Shareholder Suit in Delaware
-----------------------------------------------------------------
On November 13, 2009, Wolf Haldenstein Adler Freeman & Herz LLP
filed a class action lawsuit in the United States District Court,
District of Delaware, on behalf of all persons who purchased the
publicly traded securities of RH Donnelley [OTC: RHCDQ.PK]
between July 26, 2007 and May 28, 2009 against certain officers
and directors of RH Donnelley pursuant to Secs. 10(b) and 20(a)
of the 1934 Act and SEC Rule 10b-5.

The case name is styled Saggese v. Swanson, et al.  A copy of the
complaint filed in this action is available from the Court, or
can be viewed on the Wolf Haldenstein Adler Freeman & Herz LLP
Web site at http://is.gd/4XhLo
   
The Complaint alleges that during the Class Period, defendants
issued materially false and misleading statements regarding the
Company's business and financial results. Defendants caused the
Company to fail to properly account for its bad debt expense and
timely write down its impaired goodwill. As a result of
defendants' false and misleading statements, RH Donnelley's stock
traded at artificially inflated prices during the Class Period,
trading as high as $66.67 in July 2007.

Beginning in February 2008, defendants began to acknowledge
problems in the Company's operations and with its financial
results. Nonetheless, these partial disclosures were accompanied
by denials and continued misrepresentations by defendants.

On March 12, 2009, RH Donnelley announced that it had retained
Lazard Ltd. as a financial advisor to assist in the evaluation of
its capital structure, including various balance sheet
restructuring alternatives.

Then, on May 29, 2009, RH Donnelley filed for bankruptcy. The
stock now trades at around two cents per share.

As a result of defendants' false statements and omissions, RH
Donnelley's stock traded at artificially inflated prices during
the Class Period. However, after the above revelations seeped
into the market, the Company's shares were hammered by massive
sales, sending them down more than 99% from their Class Period
high.

In ignorance of the false and misleading nature of the statements
described in the complaint, and the deceptive and manipulative
devices and contrivances employed by said defendants, plaintiff
and the other members of the Class relied, to their detriment, on
the integrity of the market price of RH Donnelley publicly traded
securities. Had plaintiff and the other members of the Class
known the truth, they would not have purchased said securities,
or would not have purchased them at the inflated prices that were
paid.

If you purchased RH Donnelley publicly traded securities, you may
request that the Court appoints you as lead plaintiff no later
than December 22, 2009. A lead plaintiff is a representative
party that acts on behalf of other class members in directing the
litigation. In order to be appointed lead plaintiff, the Court
must determine that the class member's claim is typical of the
claims of other class members, and that the class member will
adequately represent the class. Under certain circumstances, one
or more class members may together serve as "lead plaintiff."
Your ability to share in any recovery is not, however, affected
by the decision whether or not to serve as a lead plaintiff. You
may retain Wolf Haldenstein, or other counsel of your choice, to
serve as your counsel in this action.

Wolf Haldenstein has extensive experience in the prosecution of
securities class actions and derivative litigation in state and
federal trial and appellate courts across the country. The firm
has approximately 70 attorneys in various practice areas; and
offices in Chicago, New York City, San Diego, and West Palm
Beach. The reputation and expertise of this firm in shareholder
and other class litigation has been repeatedly recognized by the
courts, which have appointed it to major positions in complex
securities multi-district and consolidated litigation.

If you wish to discuss this action or have any questions, please
contact:

          Gregory Mark Nespole, Esq.
          Gustavo Bruckner, Esq.
          WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
          270 Madison Avenue
          New York, NY 10016
          Telephone: (800) 575-0735

or via e-mail at classmember@whafh.com or visit the Firm's Web
site at http://www.whafh.com/ All e-mail correspondence should  
make reference to RH Donnelley.


SILICON STORAGE: Milberg Files Shareholder Complaint in Calif.
--------------------------------------------------------------
The law firm of Milberg LLP has filed a shareholder class action
lawsuit in the Superior Court of the State of California, County
of Santa Clara on behalf of a shareholder of Silicon Storage
Technology, Inc. (NASDAQ: SSTI) against Silicon Storage, the
Company's Board of Directors, Prophet Equity LLC, and Technology
Resource Holdings, Inc., a wholly owned subsidiary of Prophet.
Silicon Storage produces and sells semiconductor products, and
various products based on its "SuperFlash" design and
manufacturing process technology.  The action is captioned Fisher
v. Silicon Storage Technology, Inc., et al., and is numbered
1-09-CV-157444.  The complaint can be obtained from the Court or
viewed on Milberg LLP's Web site http://www.milberg.com/

The complaint, filed on November 16, 2009, alleges breaches of
fiduciary duty, unjust enrichment and violations of state laws
relating to the proposed going-private deal announced on November
13, 2009, in which Silicon Technology agreed to have TRH acquire
all of the Company's outstanding shares for $2.10 per share in
cash, with the exception of the shares held by Bing Yeh, Chairman
of the Company's Board and Chief Executive Officer, and Yaw Wen
Hu, the Company's Chief Operating Officer and a Member of the
Company's Board, whose shares will convert into an equity stake
in the surviving private entity.

According to the complaint, the members of the Company's Board
breached their fiduciary duties by approving the management-led
acquisition of Silicon Storage by private equity buyers TRH and
Prophet for inadequate consideration and under circumstances
unfair to public Silicon Storage shareholders. Among other
allegations, the complaint alleges that the Company's Board
suffers from significant conflicts of interests because the
Merger Agreement provides for the continuation of SST's current
management (including Messrs. Yeh and Hu) and directorship with
the surviving entity and that unlike public shareholders certain
members of management will continue to own a stake in SST's
growing business.

The complaint has been filed as a class action on behalf of all
persons who own Silicon Storage common stock. No class has yet
been certified, and there can be no guarantee that a class will
be certified.

If you have any questions you may contact:

          Andrei Rado, Esq.
          Anne Marie Vu, Esq.
          MILBERG LLP
          One Pennsylvania Plaza, 49th Floor
          New York, NY 10119

               - and -  

          Jeff Westerman, Esq.
          MILBERG LLP
          300 South Grand Avenue, Suite 3900
          Los Angeles, CA 90071
          Telephone: (800) 320-5081
          Email: contactus@milberg.com

Milberg LLP has been representing individual and institutional
investors for over 40 years and serves as lead counsel in federal
and state courts throughout the United States. Please visit the
Milberg website (http://www.milberg.com)for more information  
about the firm.

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

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

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