/raid1/www/Hosts/bankrupt/CAR_Public/091218.mbx             C L A S S   A C T I O N   R E P O R T E R

           Friday, December 18, 2009, Vol. 11, No. 250


ACTIVE RESPONSE: Shareholder Sues Directors in S.D.N.Y.
AMERICAN HONDA: Settles Class-Action Civic Hybrid Lawsuit
BEKINS VAN LINES: Accused in N.Y. Lawsuit of Lowball Estimates
BLUE CROSS: Calif. Lawsuit Alleges Overcharges Under HIPPA
BROADCOM CORP: Court Tosses All Civil & Criminal Backdating Cases

CHARLES SCHWAB: Al Parish Ponzi Scheme Class Certified in S.C.
CHICAGO TITLE: N.D. Tex. Declines Class Certification Invitation
CITY OF ANTIOCH: Opposes Class Certification in N.D. Calif. Suit
COVENANT APOSTOLIC: Daycare Provider Sued for Drugging Children
DISTRICT OF COLUMBIA: Paying $8.25 Mil. to Settle Arrest Suit

GILBERT DEVELOPMENT: Nev. Suit Says Homes it Built Are Defective
GLAXO SMITH: Bloomberg Says Paxil Settlements Hit $1 Billion Mark
INTEGRITY ADVANCE: N.J. Suit Claims Payday Lender Charges 600%
RED HAT: Inks $8.8 Million Securities Litigation Settlement
REMINGTON ARMS: Ark. Lawsuit Calls Rifle Safety Device Defective

SIRIUS XM RADIO: Accused of Abusing Monopoly by Hiking Prices
UNITED STATES: Fed. Cir. Hears Statute of Limitation Argument
VIOXX AD LITIGATION: Ad Suits Can't Proceed as Class Action
WILSON COUNTY: Tenn. Lawsuit Alleges Racial Hiring Discrimination
WINDOW SHADES: Massive Recall to Repair All Roman Shades & Blinds

YOUTH STUDY CENTER: Settlement Calls for New Confinement Policies

                     New Securities Fraud Cases

METROPCS COMMS: Coughlin Files Shareholder Suit in N.D. Tex.

                         Asbestos Litigation

ASBESTOS ALERT: ARAMARK Has $6.8M Oct. 2 Retirement Obligations

ASBESTOS UPDATE: Chelmsford Residents' Deaths Linked to Exposure
ASBESTOS UPDATE: Hearing in Mo. Fire Chief Case Set for March 18
ASBESTOS UPDATE: Kitchin Widow Files Lawsuit v. Farleigh School
ASBESTOS UPDATE: Markethaven, Walmac Fined for Safety Violations
ASBESTOS UPDATE: Cleanup & Demolition of Iowa Bldg. Cost $88,230

ASBESTOS UPDATE: Mass. AG Settles Asbestos Issue With Worcester
ASBESTOS UPDATE: Stonehouse Fined GBP5,500 for Safety Violations
ASBESTOS UPDATE: $20. Mil. Settlement with Sealed Air Investors
ASBESTOS UPDATE: Pullman Awarded $233T in Lawsuit v. Smithsonian
ASBESTOS UPDATE: Wis. Local Penalized $130,000 for DNR Breaches

ASBESTOS UPDATE: Trial of Former Eternit Execs Ongoing in Turin
ASBESTOS UPDATE: Nightcliff Foreshore Closed for Hazard Removal
ASBESTOS UPDATE: Traces of Hazard Found in Quarry Near Baryulgil
ASBESTOS UPDATE: Court Affirms Ruling in Illinois Central Action
ASBESTOS UPDATE: Defendants' Summary Judgment Affirmed in Meehan

ASBESTOS UPDATE: North End Resident's Death Related to Exposure
ASBESTOS UPDATE: Carpenter's Kin Seeking Information on Exposure
ASBESTOS UPDATE: Three Cases Filed in Kanawha Co. on Nov. 13, 23
ASBESTOS UPDATE: Templeton, Testa Actions Filed Nov. 12 in W.Va.
ASBESTOS UPDATE: Handeland to Pay Penalty for Cleanup Violations

ASBESTOS UPDATE: Madison, St. Clair in "Judicial Hellholes" List
ASBESTOS UPDATE: Hazard Uncovered in Guernsey's Castel Hospital
ASBESTOS UPDATE: Coiner Facing Prison, Fine for Safety Breaches
ASBESTOS UPDATE: Skerrit Urged to Address Roseau Asbestos Issue
ASBESTOS UPDATE: Hazards Uncovered in Ocala City Hall's Ducting

ASBESTOS UPDATE: Asbestos Found in Ocean Downs Racetrack in Md.
ASBESTOS UPDATE: Hazard Forces Closure of Tourist Motel in Wash.
ASBESTOS UPDATE: Seitz Remand Bid Ok'd in Case v. Bell, Northrop
ASBESTOS UPDATE: Tex. Appeal Court Reverses Ruling in Smith Case
ASBESTOS UPDATE: Suffolk Builder Pleads Guilty to Cleanup Breach

ASBESTOS UPDATE: South Oxhey Resident's Death Linked to Exposure
ASBESTOS UPDATE: Sebring Engineer Filed OSHA Complaint on Dec. 9
ASBESTOS UPDATE: Bethlehem Work Exposes 100 Students to Asbestos
ASBESTOS UPDATE: Thieves Exposed to Asbestos in Nottinghamshire
ASBESTOS UPDATE: Community Seeking Answers on Summerlin Project

ASBESTOS UPDATE: Court OKs Careys' Motion to Remand Viad Suit
ASBESTOS UPDATE: La. Court Affirms Ruling in Boudreaux's Lawsuit
ASBESTOS UPDATE: Miss. Court Denies Attorneys' Fees in Broussard
ASBESTOS UPDATE: N.Y. Supreme Court Issues Ruling in Ames Claim


ACTIVE RESPONSE: Shareholder Sues Directors in S.D.N.Y.
Courthouse News Service reports that shareholders say directors
of Active Response Group wasted, diverted and misappropriated
corporate assets, in a $10 million claim in Manhattan Federal

The case is Hercules Technology Growth Captial, Inc. v. Brad
Powers, Leland H. Nolan, Jud Traphagen, Florin C. Vicol and
Bhavin Shah, Case No. 09-cv-10160 (S.D.N.Y.) (Daniels, J.).

The Plaintiff is represented by:

          Gregory A. Blue, Esq.
          Rachel Kathryn Marcoccia, Esq.
          885 Third Avenue, 24th Floor
          New York, NY 10022
          Telephone: 212-750-6776

AMERICAN HONDA: Settles Class-Action Civic Hybrid Lawsuit
U.S. News & World Report reprts that if you own a 2003 to 2008
model Honda Civic Hybrid, you may be entitled to some cash from a
settlement in True v. American Honda Motor Co., Inc., Case No.
07-cv-00287 (C.D. Calif.) (Phillips, J.).

In 2007, 120,000 Civic Hybrid owners -- lead by plaintiffs John
True and Gonzalo Delgado -- sued Honda for advertising an EPA-
estimated fuel economy not reflective of real-world figures.
According to the New York Times, the automaker advertised a
city/highway fuel economy of 49/51 mpg -- but the plaintiff's
vehicles only netted an estimated 31 mpg.

To be clear, "The suit stresses it is not challenging the
methodology used by the Environmental Protection Agency to
predict mileage but says Honda deceived consumers by not making
it clear that they were unlikely to achieve the agency's
figures," adds the NYT.

While Honda recently agreed to a settlement agreement, it admits
no wrongdoing -- as it only advertised what the EPA said the
Civic Hybrid could net.

According to the terms of the agreement, Messrs. True and Delgado
will walk away with enough money to recoup most of what they paid
for their vehicles, but most Civic Hybrid owners will not.
Autoblog Green reports: "[T]he Japanese automaker has agreed to
settle the case out of court. If approved, owners of 2003-2008
Civic Hybrids will get a voucher worth up to $1,000 to purchase a
new Honda or a check for $100 if they can prove they complained
to Honda about their car's mileage."

BEKINS VAN LINES: Accused in N.Y. Lawsuit of Lowball Estimates
Courthouse News Service reports that Bekins Van Lines and
affiliates defraud customers by lowballing moving estimates, then
charging too much, including for services they don't provide, a
class action claims in Brooklyn Federal Court. One plaintiff says
she was given an estimate of $9,521, then charged $15,000.

A copy of the Complaint in Frey, et al. v. Bekins Van Lines, et
al., Case No. 09-cv-05430 (E.D.N.Y.) (Wexler, J.), is available


The Plaintiffs are represented by:

          Jeffery K. Brown, Esq.
          One Old Country Rd., Suit 347
          Carle Place, NY 11514
          Telephone: 516-873-9550

               - and -  

          Joseph A. Black, Esq.
          Daniel E. Cohen, Esq.
          1101 30th St., N.W., Suite 300
          Washington, DC 20007
          Telephone: 202-944-8600

               - and -  

          Jeffery M. Gottlieb, Esq.
          150 E. 18th St., Suite PHR
          New York, NY 10003
          Telephone: 212-228-9795

BLUE CROSS: Calif. Lawsuit Alleges Overcharges Under HIPPA
Courthouse News Service reports that Blue Cross of California dba
Anthem Blue Cross overcharges under HIPAA, a class action claims
in Los Angeles Superior Court.

BROADCOM CORP: Court Tosses All Civil & Criminal Backdating Cases
Amanda Bronstad at The National Law Journal reports that a
federal judge has thrown out all criminal and civil charges
related to the stock options backdating scandal at Broadcom Corp.
amid accusations of prosecutorial misconduct.

U.S. District Court Judge Cormac J. Carney, in the Central
District of California, dismissed with prejudice the cases
against William Ruehle, the former chief financial officer of
Broadcom, and Henry Nicholas, one of the company's co-founders.

Judge Carney also dismissed the U.S. Securities and Exchange
Commission's civil case against Mr. Ruehle, Mr. Nicholas, co-
founder Henry Samueli and David Dull, the former general counsel
of the company.

Mr. Ruehle's lawyers filed a motion on Dec. 4 raising at least
four instances in which the government allegedly engaged in
misconduct, including threatening witnesses with perjury charges
depending on their testimony in the criminal trial.

Judge Carney concluded that the government's handling of the case
"distorted the truth-finding process" and made a "mockery" of the
defendants' due process rights.

Before a courtroom packed with observers and other parties in the
case, Ms. Bronstad reports, Judge Carney entered a judgment of
acquittal for former Chief Financial Officer William Ruehle, who
has been in trial since Oct. 23.

"For these constitutional rights to have true meaning, the
government must not do anything to intimidate and improperly
influence witnesses," Judge Carney said. "Sadly, they did so in
this case."

CHARLES SCHWAB: Al Parish Ponzi Scheme Class Certified in S.C.
WCSC Channel 5 in Charleston, S.C., reports that a federal court
has certified a class action lawsuit brought by the victims of Al
Parish's Ponzi scheme that names Charles Schwab & Co., Inc. as a
defendant.  The victims claim the financial investing company is
liable for violations under the South Carolina Uniform Securities
Act of 2005.  The class action stems from the Ponzi scheme
orchestrated by former Charleston Southern University economics
professor, Al Parish.  Mr. Parish has been ordered to pay victims
$66 million in restitution and is currently serving a twenty-four
year sentence in the Federal Correctional Complex in Butner,
N.C., where Bernie Madoff is also imprisoned.

The class, as certified in Brown, et al. v. Charles Schwab & Co.,
Inc., Case No. 07-cv-03852 (D. S.C.) (Norton, J.), includes all
those who held IRA and other investment accounts with Schwab and
invested in any Parish Investment Vehicle through the brokerage
and custodial services provided by Schwab.  Class claims are
based on Schwab's alleged role as a broker-dealer in materially
aiding the sale of securities and as a control person of those
liable under the Act.  At least 53 individuals residing in 13
states are believed to be class members.

"Proceeding as a class allows us to prosecute this case more
efficiently before a single jury rather than multiple arbitration
panels across the country," stated:

          Badge Humphries, Esq.
          MOTLEY RICE
          28 Bridgeside Blvd.
          Mt. Pleasant, SC 29464
          Telephone: 843-216-9000

who represents the plaintiffs.  "It also eliminates the
possibility of conflicting rulings on key issues, such as the
elements of proof for investors' claims which the court has now
resolved in plaintiffs' favor," he further explained.

Because of a previous ruling limiting discovery in the case to
class-certification issues, the order effectively reopens the
discovery process, broadening its scope to all facts relevant to
the case's merits.  The order also resolved, in the plaintiffs'
favor, a key area of disagreement between the parties as to the
elements of proof for certain claims.

"This is a very significant event and a big step forward in
efforts to obtain money for those Charles Schwab clients who were
victims of Parish Economics," commented:

          James M. Griffin, Esq.
          Law Office of James Mixon Griffin
          P.O. Box 999
          Columbia, SC 29201
          Telephone: 803-744-0800

who also represents the plaintiffs.

The class certification order appoints Messrs. Humphries and
Griffin as class counsel along with:

          William H. Narwold, Esq.
          MOTLEY RICE
          20 Church Street, 17th Floor
          Hartford, CT 06103
          Telephone: 860-882-1676

               - and -  

          Richard A Harpootlian, Esq.
          1410 Laurel Street
          Columbia, SC 29202
          Telephone: 803-252-4848

Charles Schwab & Co., Inc., is represented by:

          Ethan H. Cohen, Esq.
          Michael K. Wolensky, Esq.
          1201 W. Peachtree Street, Suite 2300
          Atlanta, GA 30309
          Telephone: 404-437-7000

               - and -  

          Mary (Molly) Agnes Hood Craig, Esq.
          James B. Hood, Esq.
          Robert H. Hood, Esq.
          Robert H. Hood, Jr., Esq.
          HOOD LAW FIRM
          P.O. Box 1508
          Charleston, SC 29402
          Telephone: 843-577-4435

Third-Party Defendant Battery Wealth Management, Inc., is
represented by:

          Neil Keith Emge, Jr., Esq.
          David J. Harmon, Esq.
          40 Calhoun Street, Fourth Floor
          Charleston, SC 29401
          Telephone: 843-727-0307

CHICAGO TITLE: N.D. Tex. Declines Class Certification Invitation
Leigh Sanders at Courthouse News Service reports that Chicago
Title Insurance Co. won't face a class action for allegedly
overcharging customers, a federal judge in Dallas ruled.

U.S. District Judge Sidney Fitzwater denied Ceaser Hancock and
Emma Benavides' request for class certification, saying the trial
would have to be conducted on a case-by-case basis, to determine
whether each plaintiff is entitled to a refund.

"[S]uch an exercise would require the court to conduct the type
of mini-trials that defeat class certification," Judge Fitzwater
Ms. Benavides said Chicago Title withheld a discount when she
refinanced her home within seven years of her first mortgage.
Texas rules require title insurance companies to issue insurance
at a discounted rate if refinancing homeowners had title
insurance on their previous mortgage, as Ms. Benavides said she

Chicago Title argued that Ms. Benavides didn't get the reissue
credit because Capital Title of Texas goofed when it "issued the
policy on behalf of Chicago Title."

Chicago Title also moved to name Capital as a third-party

Judge Fitzwater granted the motion, but refused to certify a
plaintiff class.

In Benavides v. Chicago Title Insurance Company, Case No.
08-cv-01916 (N.D. Tex.) (Fitzwater, J.), the Plaintiff is
represented by:

          Katherine B. Bornstein, Esq.
          Edward W. Ciolko, Esq.
          Joseph H. Meltzer, Esq.
          Joseph A. Weeden, Esq.
          Nick S. Williams, Esq.
          280 King of Prussia Rd.
          Radnor, PA 19087
          Telephone: 610-667-7706

               - and -  

          Eric G. Calhoun, Esq.
          Richard J. Pradarits, Jr., Esq.
          TRAVIS & CALHOUN
          1000 Providence Towers East
          5001 Spring Valley Rd.
          Dallas, TX 75244
          Telephone: 972-934-4100

and Chicago Title is represented by:

          Derek E. Diaz, Esq.
          Robert J. Fogarty, Esq.
          Steven A. Goldfarb, Esq.
          Robert B. Port, Esq.  
          200 Public Square, Suite 2800
          Cleveland, OH 44114
          Telephone: 216-621-0150

               - and -  

          John R. Nelson, Esq.
          100 Congress Ave., Suite 300
          Austin, TX 78701
          Telephone: 512-305-4868

               - and -  

          Karin Britt Torgerson, Esq.
          2200 Ross Ave., Suite 2200
          Dallas, TX 75201-6776
          Telephone: 214-740-8000

CITY OF ANTIOCH: Opposes Class Certification in N.D. Calif. Suit
Hilary Costa at the Contra Costa Times reports that lawyers for
Antioch argue in a memorandum filed earlier this month that the
American Civil Liberties Union's civil rights lawsuit against the
city and its police department does not meet the criteria for
class-action status.

The memo, filed in U.S. District Court in San Francisco, comes
ahead of a scheduled Jan. 12 class-certification hearing, in
which a judge will rule whether the ACLU and other civil rights
groups representing the plaintiffs can gain class-action status
for their lawsuit.

Class-action status allows a large number of people with a common
interest in a matter to sue as a group.

The suit accuses the Antioch Police Department's Community Action
Team of harassing African-American residents receiving housing
assistance through the federal Section 8 program in order to
drive them out of Antioch.

The city's arguments against class-action are:

     -- The five original and 49 putative plaintiffs do not have
        enough in common.

     -- Some of the plaintiffs were not receiving Section 8
        housing assistance.

     -- Most were not investigated by the action team.

     -- "Few" of the claimed 1,000-plus class members ever came

"The plaintiffs present a hodgepodge of disconnected, factually
diverse individualized grievances, with little in common, all
unique," the memorandum says, and therefore cannot constitute a

According to the city, the action team is a response-driven unit
formed to address residents' complaints of neighborhood crime and
"persistent nuisance, health and safety issues."

According to its motion filed in October, the ACLU is seeking
class-action status for "all African-Americans who have held,
currently hold, may hold, or are erroneously regarded by the City
and officers of the Antioch Police Department as holding, Section
8 housing vouchers, and all members of their households, who
reside, have resided or will reside, in the City of Antioch."
The ACLU argues that the suit meets all the requirements for
class-action status because the Police Department's actions
against the five original plaintiffs were commonplace.

In the class-action memorandum, Antioch's attorneys say the
plaintiffs once alleged intentional racial discrimination by
action team officers but have changed their argument to the
"disproportionate adverse impact theory of liability" - that
African-Americans were investigated by the action team at a rate
disproportionate to their population in Antioch, which is
discriminatory, whether intentional or not.

COVENANT APOSTOLIC: Daycare Provider Sued for Drugging Children
WKRC Channel 12 in Cincinnati reports that a Cincinnati law firm
and a first-time mother are filing a class action lawsuit against
a church where two daycare workers are accused of drugging
children grandmother in order to make them sleep better.  The law
firm of Statman, Harris and Eyrich, LLC is filing a class action
lawsuit against Covenant Apostolic church and the two women who
allegedly put the dietary supplement melatonin in candy and
formula and gave it to children as young as two months old.

The mother named in the lawsuit says her child has not smiled or
acted right for the past several months, and she was told the
child was sleeping most of the day at the daycare on View Place
Drive in Finneytown.

An investigation is also being conducted by Springfield Township
Police and The Ohio Department of Job and Family Services, which
licenses the daycare.  Hamilton County authorities at 241-Kids
are also investigating, and the Hamilton County Prosecutor's
office is now looking at possible criminal charges of at least
child endangering against the daycare employees.

The church's pastor, Shelly Hendricks, told Local 12 on Tuesday
night that he just learned of the incidents on Sunday.  He says
an immediate investigation was launched and both of the accused
women have been relieved of their duties.

On Tuesday, a grandmother of one of the infants at the daycare
spoke with Local 12.  Laura Satterfield is angry.  She says
police told her daughter that employees at the daycare admitted
putting melatonin in her grandson Lucas' formula.  They say they
did it to get the nine-and-a-half-month-old baby, along with
about 16 other children, to sleep better at nap time.  Laura's
daughter called yesterday with the news. "She called me in tears,
very upset said Lucas has been drugged . . . even though it's a
supplement.  Anytime you're giving a child something he's not
supposed to have, it's a drug."

Investigators say an employee at the daycare noticed a supervisor
putting what appeared to be drugs into a Tootsie Roll that was
then given to some of the children.  On Sunday, police and
Children's Services were notified.

Satterfield says while Lucas was only at the daycare one day a
week, he appeared to have trouble sleeping when he visited her.
"This was the day he was up from four o'clock in the morning
until five o'clock in the evening without taking a nap because he
could not sleep. We'd lay him down with his bottle, it's what
parents and grand parents do. And he could not sleep, he would
sleep for about five minutes and he was up."

Church leaders say the daycare is cooperating. Satterfield is not
satisfied.  "I want these women to be humiliated.  I want people
to look at these women and say you gave drugs to kids . . .
that's what I want done . . . I want them to be prosecuted.  I
want these women punished for what they did."

Melatonin is a hormone made by the pineal gland, a small gland in
the brain. Melatonin helps control sleep and wake cycles. The
Mayo Clinic says melatonin is not FDA approved or regulated and
has side effects, including seizures in children ages one to
five, as well as headaches, nausea fatigue and depression. Long
term use is not recommended for children or adults.

At this point no ones sure exactly what drugs or supplements were
actually given to the children. Samples of some of them were
confiscated and are currently undergoing analysis at a

Charges against the daycare employees depend on what comes back
from the lab. Child endangerment charges are possible. Felony
charges are also possible if the tests show the substances were
prescription drugs.

A class action proceeding entitled Coleman v. Covenant Apostolic
Church, Case No. A 0911823 (Ohio Ct. Common Pleas, Hamilton
Cty.), was filed on Dec. 15, 2009.  Mr. Coleman is represented

          Kelly W. Lundrigan, Esq.
          Alan J. Statman, Esq.
          Colleen M. Henne, Esq.
          441 Vine St., Suite 3700
          Cincinnati, OH 45202
          Telephone: 513-621-2666

DISTRICT OF COLUMBIA: Paying $8.25 Mil. to Settle Arrest Suit
Del Quentin Wilber at The Washington Post reports that the D.C.
government and a nonprofit civil rights organization have settled
a class-action lawsuit brought by hundreds of protesters and
bystanders arrested during a downtown demonstration in 2002.

The District agreed to pay $8.25 million to almost 400 protesters
and bystanders to end the lawsuit over mass arrests in Pershing
Park during World Bank protests, according to lawyers involved in
the suit.

Police did not warn people to disperse before rounding them up
Sept. 27, 2002, and some were hogtied and held for more than 24
hours before being released. Former D.C. police chief Charles H.
Ramsey has apologized for the arrests.

It is the third settlement reached by the District in a mass
arrest lawsuit in recent weeks.  Last month -- see Class Action
Reporter, Nov. 25, 2009 -- the District agreed to pay $13.7
million to about 700 protesters arrested during a 2000
demonstration.  It also agreed to pay $450,000 to eight war
protesters to settle a lawsuit filed after a 2002 detention and

The protesters in all three suits have been represented by the
Partnership for Civil Justice, a nonprofit civil rights

The settlements send "a powerful message to police agencies
throughout the country that you cannot engage in mass violations
of constitutional rights without accountability and a heavy price
to pay," said:

          Mara Verheyden-Hilliard, Esq.
          617 Florida Avenue NW
          Washington, DC 20001
          Telephone: (202) 232-1180

a lead attorney for the group, adding that the payouts have set
national records for such cases.

In a statement, the D.C. attorney general's office said it "is
pleased to put this episode behind it and looks forward to
working with plaintiffs on various initiatives that are intended
to prevent any future peaceful public protest from becoming
another Pershing Park event."

In addition to paying protesters, the District has agreed to do a
better job of tracking mass arrests and to fund a computer system
for logging and indexing evidence.

The city is required to report its progress on those measures
every six months to the Partnership for Civil Justice, Ms.
Verheyden-Hilliard said.

In the $13.7 million settlement, the District agreed to improve
training for officers on First Amendment issues.

D.C. Attorney General Peter Nickles has been racing to settle the
mass arrest cases because the city was expected to have a rough
time before a jury. He was also under fire from a federal judge
because the District mishandled evidence tied to the Pershing
Park arrests.

Attorneys for the protesters have alleged that the District
destroyed a key log of police actions that day and deleted
portions of radio dispatch tapes. Attorneys for the city have
conceded that the evidence has vanished, but they say it was not
obliterated on purpose.

A report by a retired judge who investigated the matter expressed
skepticism about the District's position and urged the city to
investigate further.

The settlement reached Tuesday does not end the Pershing Park
saga, the newspaper report says.  

Four bystanders rounded up by police that day are represented by
separate lawyers and are not part of the class-action suit.

One of their attorneys, Jonathan Turley, said he is scheduled to
meet with Mr. Nickles for the first time Tuesday to discuss a
possible settlement.

But he seems to be itching for a courtroom brawl.

"We are preparing for trial," Mr. Turley told the Post.  

GILBERT DEVELOPMENT: Nev. Suit Says Homes it Built Are Defective
at Courthouse News Service reports that Dakota TD LLC, GDC LLC,
and Gilbert Development Corp. built defective homes in the Vista
Del Monte subdivision in Mesquite, Nev., a class action claims in
Clark County Court, Las Vegas.

GLAXO SMITH: Bloomberg Says Paxil Settlements Hit $1 Billion Mark
Minara El-Rahman at Law.com reports that Bloomberg reports that
Paxil lawsuits have resulted almost $1 billion in Glaxo Smith
Kline settlements.  The Paxil lawsuits range from class action
lawsuits to wrongful death lawsuits over a reported increased
risk of suicidality in patients. The pharmaceutical company has
had to battle lawsuits over birth defects and antitrust claims as

While Glaxo Smith Kline refused to comment on Paxil lawsuits, it
did issue a statement about its overall settlement total: "Paxil
has been on the market in the U.S. since 1993.  Like many other
pharmaceutical products, it has been the subject of different
kinds of litigation over the years," Sarah Alspach, a spokeswoman
for Glaxo, said in an e-mailed statement to Bloomberg.  "It would
be inappropriate and potentially misleading to aggregate payments
in these various types of litigation."

However, the massive amount of Paxil lawsuits is troubling, Ms.
El-Rahman says.  One lawsuit, she notes, centered around a man
who shot his family and then turned the gun on himself.  He was a
patient taking Paxil medication for depression.

INTEGRITY ADVANCE: N.J. Suit Claims Payday Lender Charges 600%
Courthouse News Service reports that Integrity Advance dba
Iadvancecash charges usurious rates of more then 600 percent of
payday loans, according to a class action in Ocean County Court,

A copy of the Complaint in Freeman v. Integrity Advance LLC dba
IAdvanceCash, Docket No. L-4156-09 (N.J. Super. Ct., Ocean Cty.),
is available at:


The Plaintiff is represented by:

          Steven M. Weisbrot, Esq.
          505 Morris Ave.
          Springfield, NJ 07081
          Telephone: 973-467-1060

RED HAT: Inks $8.8 Million Securities Litigation Settlement
Red Hat, Inc. (NYSE: RHT) reached an agreement in principle this
week to settle In re Red Hat, Inc. Securities Litigation, Case
No. 04-cv-00473 (E.D.N.C.) (Britt, J.), brought on behalf of a
class of shareholders in connection with the restatement of
financial results announced in July 2004.  Red Hat has recorded,
in its quarter ended November 30, 2009, a reserve in the amount
of $8.8 million for its portion of the settlement.  Red Hat plans
to exclude this one-time charge from the non-GAAP results Red Hat
reports for its quarter ended November 30, 2009, when these
results are announced on December 22, 2009, and will provide a
reconciliation to GAAP results at that time.

The class action settlement is subject to the completion of a
final, written settlement agreement and court approval.

The Class Action Reporter's latest update concerning this matter
was published on Oct. 12, 2009.  

                        About Red Hat, Inc.

Red Hat -- http://www.redhat.com/-- the world's leading provider  
of open source solutions and a component of the S&P 500, is
headquartered in Raleigh, NC with over 65 offices spanning the
globe. CIOs ranked Red Hat as one of the top vendors delivering
value in Enterprise Software for six consecutive years in the CIO
Insight Magazine Vendor Value survey. Red Hat provides high-
quality, affordable technology with its operating system
platform, Red Hat Enterprise Linux, together with virtualization,
applications, management and Services Oriented Architecture (SOA)
solutions, including Red Hat Enterprise Virtualization and JBoss
Enterprise Middleware. Red Hat also offers support, training and
consulting services to its customers worldwide.

REMINGTON ARMS: Ark. Lawsuit Calls Rifle Safety Device Defective
Courthouse News Service reports that the Remington Model 700
bolt-action rifle has a defective "Walker" safety device that
makes the rifle "fire without a trigger pull upon release of the
safety," a class action claims in El Dorado, Ark., Federal Court.

A copy of the Complaint in Rodgers v. Remington Arms Company,
Inc., Case No. 09-cv-04054 (W.D. Ark.), is available at:


The Plaintiff is represented by:

          Gary M. Draper, Esq.
          310 Main Street
          P.O. Box 948
          Crossett, AR 71635
          Telephone: 870-364-2111

               - and -  

          Adam Q. Voyles, Esq.
          3800 Buffalo Speedway, 5th Floor
          Houston, TX 77098
          Telephone: 713-650-1200

               - and -  

          Stephen W. Drinnon, Esq.
          1700 Pacific Ave., Suite 2230
          Dallas, TX 75201
          Telephone: 972-445-6080

               - and -  

          Jeffrey W. Hightower, Jr., Esq.
          9400 North Central Expressway, Suite 1207
          Dallas, TX 75231
          Telephone: 214-580-9800

SIRIUS XM RADIO: Accused of Abusing Monopoly by Hiking Prices
Tim Hull at Courthouse News Service reports that Sirius XM Radio,
the nation's only satellite radio provider, is abusing its
monopoly to the tune of $89 million a year through small
increases in fees and services, a class action claims in
Manhattan Federal Court. And it did this despite promising the
FCC before it merged with its only competitor that "no satellite
radio subscriber will have to pay more as a result of the
merger," the class claims, citing a 2007 FCC memorandum.

Named plaintiff Carl Blessing claims in Blessing v. Sirius XM
Radio, Inc., Case No. 09-cv-10035 (S.D.N.Y.) (Baer, J.), that
within 6 months of the 2008 merger between Sirius and XM, the new
company increased its multi-radio subscription price by 30
percent and started charging subscribers for Internet access.

"In spite of the FCC's attempts to forestall the inevitable
impact of combining the only two companies in the market, the
merged entity has already exhibited anti-competitive behavior
that has harmed consumers,' Blessing says.

He says that just 6 months after the merger, the company
increased its monthly charge for multi-radio subscribers from
$6.99 to $8.99 per radio.
About 4 million of the company's 18 million customers are multi-
radio subscribers, Blessing says, which comes out to an
additional $7.4 million per month, or nearly $89 million a year
in increased revenue.
Also shortly after the merger, the company began charging $2.99
for subscribers to listen to radio programming via the Internet,
while before the merger this was free, Blessing says.
"Since gaining monopoly power, Sirius XM has profitably sustained
multiple price increases to satellite radio consumers, and the
supposed efficiencies of the mergers have not been passed on to
the consumers in the form of lower prices," Blessing says.
A spokesman for Sirius XM told Mr. Hull the class action is

"The allegations contained in the complaint are completely
without merit," said senior vice president Patrick Reilly. "We
plan to vigorously defend this suit."
The class accuses Sirius XM of unlawful acquisition of monopoly
power, breach of contract, bad faith, and for violating state
consumer laws. It seeks restitution and treble damages.

The Plaintiff is represented by:

          Edward J. Cook, Esq.
          Promenade Two, Suite 3700
          1230 Peachtree Street, N.E.
          Atlanta, GA 30309
          Telephone: 404-876-8100

               - and -  

          James Joseph Sabella, Esq.
          Shelly L. Friedland, Esq.
          Jay W. Eisenhofer, Esq.
          Grant & Eisenhofer P.A.
          485 Lexington Avenue, 29th Floor
          New York, NY 10017
          Telephone: (646)-722-8500

               - and -  

          Reuben Guttman, Esq.
          1920 L Street, NW, Suite 400
          Washington, DC 20036
          Telephone: 202-386-9500

UNITED STATES: Fed. Cir. Hears Statute of Limitation Argument
Steve Vockrodt at the Kansas City Business Journal reports that
the U.S. Court of Appeals for the Federal Circuit has taken a
significant land-takings case under advisement after hearing oral
arguments from Lathrop & Gage LLP lawyers arguing a plaintiff's

Appellate judges heard arguments a week ago today in what could
be a precedent-setting case regarding not only the government's
ability to take land, but also how a statute of limitations
applies in a class-action lawsuit against the federal government.
Lathrop & Gage is based in Kansas City.

Fauvergue v. United States, No. 09-5048 (Fed. Cir.), and
Fauvergue v. United States, Case No. 08-cv-00431 (Fed. Ct. Cl.)
(Miller, J.), stem from lawsuits filed on behalf of 150 property
owners in Cherokee County in Kansas and Jasper County in Missouri
from whom the federal government took land in 2002 to convert
inactive railroads into hiking trails.

A ruling by the Court of Federal Claims, a federal court that
accepts lawsuits against the government, said plaintiffs bringing
a class-action suit against the federal government must file a
complaint and form a class within six years of an alleged
wrongdoing under statute of limitation laws. The suit was filed
last year.

"We think that's just draconian, and we think that is wrong as a
matter of law," Thor Hearne, Esq., at Lathrop & Gage, who
represents the landowners, told Mr. Vockrodt Tuesday.

Mr. Hearne has argued that the clock should stop running on the
statute of limitations once a lawsuit has been filed.

Mr. Hearne has said that if higher courts accept the U.S.
Department of Justice's position on the statute of limitations,
the ability for plaintiffs to bring a class-action lawsuit
against the government would be heavily restricted.

A decision is expected sometime in 2010.

Mr. Hearne said a decision in his client's favor would result in
the case going back to the Court of Federal Claims as a class
action; a decision siding with the government would result in a
petition for a rehearing or a motion to have the U.S. Supreme
Court hear the case.

VIOXX AD LITIGATION: Ad Suits Can't Proceed as Class Action
Kenneth Ofgang at the Metropolitan News-Enterprise reports that
consumers who claim they were misled into purchasing the
painkiller Vioxx before it was pulled from the market in 2004
cannot sue the manufacturer in a class action, the Court of
Appeal for this district ruled yesterday.

Affirming a ruling by then-Los Angeles Superior Court Judge
Victoria Chaney-who has since been elevated to the Court of
Appeal-Div. Three said the judge did not err in concluding that
individual issues as to damages make class certification of an
action for unfair competition and false advertising

Vioxx was introduced in 1999 and removed from the market five
years later, after complaints that it led to adverse
cardiovascular effects. The manufacturer, Merck & Co. Inc., faces
billions of dollars in legal claims by users of the drug.

                      2.4 Million Californians

In the proposed class action, brought on behalf of an estimated
2.4 million Californians-out of about 20 million Vioxx users
nationwide-the plaintiffs did not seek damages for any adverse
health effects, but sought reimbursement for the difference
between what they paid for Vioxx and what they would have paid
for less costly but safer medications.
Merck contended, as it has consistently, that its representations
regarding the drug-both to doctors and the public-were accurate
and proper.

Chaney agreed that liability could be determined with respect to
the class as a whole, but said that damages would vary according
to such factors as each litigant's medical history, how much they
paid for the drug, how long they took Vioxx, and the extent to
which they relied on the allegedly false marketing.

The judge also concluded that the individual plaintiffs' claims
were atypical of third parties who paid for the drug on behalf of
subscribers to prescription drug plans.

Justice Walter Croskey, writing for the Court of Appeal, said the
plaintiffs failed to demonstrate that Chaney's ruling was clearly

                           Third-Party Payors

With respect to the third-party payors, the justice noted, many
conducted vigorous reviews to determine whether a particular
patient required Vioxx rather than a less-expensive drug. Those
payors, the justice wrote, cannot recover on the plaintiffs'
theory because "every penny they paid for Vioxx was paid for a
patient for whom a traditional [non-steroidal anti-inflammatory
drug] was not a viable medical option."

The evidence, Croskey went on to say, also supported Chaney's
conclusion that damages could not, as the plaintiffs proposed, be
determined simply by comparing the price a consumer paid for
Vioxx to that he or she would have paid for the same quantity of
naproxen, a generic alternative.

The trial judge, Croskey said, was entitled to reject the use of
naproxen for class-wide comparison, based on evidence that after
Vioxx was withdrawn from the market, most Vioxx users switched to
other brand-name drugs such as Celebrex rather than to generics.
Because restitution for unfair competition requires proof of a
measurable amount to be repaid, the justice said, "[t]he failure
of naproxen as a viable class-wide comparator . . . defeats the
claim for class-wide restitution."

The justice elaborated:

     "Even if plaintiffs establish, class-wide, that Merck
     misrepresented the cardiovascular risks of Vioxx in a manner
     that was likely to deceive plaintiffs and their prescribing
     physicians, no plaintiff would be able to recover without
     first identifying a proper comparator drug, the cost of
     which would provide the actual value to the patient of the
     Vioxx received. As the trial court concluded, on the
     evidence, that the issue of a proper comparator was a
     patient-specific issue, incorporating the patient's medical
     history, treatment needs, and drug interactions, the trial
     court properly concluded that restitution could not be
     calculated on a class-wide basis."

Attorneys on appeal were Steve W. Berman, Craig R. Spiegel and
Elaine T. Byszewski of Hagens Berman Sobol Shapiro for the
plaintiffs, and Richard B. Goetz and Charles C. Lifland of
O'Melveny & Myers for Merck.

The case is In re Vioxx Class Cases, B216521.

WILSON COUNTY: Tenn. Lawsuit Alleges Racial Hiring Discrimination
Courthouse News Service reports that Wilson County, Tenn., "has
the reputation of not hiring African Americans," and violates its
own nepotism policy, according to a class action in Nashville
Federal Court.

A copy of the Complaint in Tartt, et al. v. Wilwon County,
Tennessee, Case No. 09-cv-01179 (M.D. Tenn.), is available at:


The Plaintiffs are represented by:

          Jerry Gonzalez, Esq.
          2441-Q Old Fort Parkway
          Murfreesboro TN 37128
          Telephone: 615-360-6060

WINDOW SHADES: Massive Recall to Repair All Roman Shades & Blinds
The U.S. Consumer Product Safety Commission (CPSC) and the Window
Covering Safety Council (WCSC) announced a voluntary recall to
repair all Roman shades and roll-up blinds to prevent the risk of
strangulation to young children.  This recall involves millions
of Roman and roll-up blinds.  About five million Roman shades and
about three million roll-up blinds are sold each year.

CPSC has received reports of five deaths and 16 near
strangulations, since 2006, in Roman shades and three deaths,
since 2001, in roll-up blinds.  Strangulations in Roman shades
can occur when a child places his or her 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 his or her neck.
Strangulations in roll-up blinds can occur if the lifting loop
slides off the side of the blind and a child's neck becomes
entangled on the free-standing loop or if a child places his or
her neck between the lifting loop and the roll-up blind material.

"Over the past 15 years, CPSC has been investigating window
covering hazards and working with the WCSC to ensure the safety
of window coverings. We commend the WCSC for providing consumers
with repair kits that make window coverings safer and look
forward to future steps to eliminate these hazards," said Inez
Tenenbaum, CPSC Chairman.

Over the years, CPSC has been investigating deaths associated
with different types of window coverings and has worked with the
WCSC to address the hazards posed by them. In 1994 and in 2000,
CPSC and WCSC announced recalls to repair horizontal blinds to
prevent strangulation hazards posed by pull cord and inner cord
loops. As a result of CPSC investigations, the industry has
modified its products and provides free repair kits for existing
horizontal blinds and other window coverings. In October 2009,
CPSC issued a new safety alert to warn parents about the dangers
associated with window coverings.

Consumers that have Roman or roll-up shades in their homes should
contact the WCSC immediately at http://www.windowcoverings.org/
or by calling (800) 506-4636 anytime to receive a free repair

To help prevent child strangulation in window coverings, CPSC and
the WCSC urge parents and caregivers to follow these guidelines:

     * Examine all shades and blinds in the home. Make sure there
       are no accessible cords on the front, side, or back of the
       product. CPSC and the WCSC recommend the use of cordless
       window coverings in all homes where children live or

     * Do not place cribs, beds, and furniture close to the
       windows because children can climb on them and gain access
       to the cords.

     * Make loose cords inaccessible.

     * If the window shade has looped bead chains or nylon cords,
       install tension devices to keep the cord taut.

Pictures of the recalled products are available at:


A number of retailers are participating in this recall:

     Retailer               Recalled Products
     --------               -----------------
     J.C. Penney            More than 2.2 million Roman shades
                            and about 340 roll-up blinds

     Wal-Mart               600,000 roll-up blinds and 500,000
                            Roman shades

     All Strong Industry    About 290,000 Roman shades
     (USA) Inc., Ontario,

     Lotus & Windoware      250,000 1/4" Oval Roll-Up Blinds
     Inc., Memphis, Tenn.   

     International          355,000 Deluxe Matchstick Roll-up
     Merchandise,           Shades
     Columbus, Ohio

     Pottery Barn, Pottery  305,000 Roman shades and 45,000
     Barn Kids, and PBteen  roller shades
     division of
     Williams-Sonoma Inc.,
     San Francisco, Calif.

     West Elm, San           42,000 Jute/Poly Roman Shades
     Francisco, Calif.

     Draper Inc.,            1,800 Roman shades
     Spiceland, Ind.

     Ross Stores Inc.,       6,300 Newport Energy Solution Roman
     Pleasanton, Calif.      shades

YOUTH STUDY CENTER: Settlement Calls for New Confinement Policies
A proposed settlement in J.D., et al. v. C. Ray Nagin, et al.,
Case No. 07-cv-09755 (E.D. La.), calls for promulgating and
implementing new policies and procedures that improve the
operation of the Youth Study Center in New Orleans.  A copy of
the Settlement Notice is available at http://is.gd/5qtDm

                   New Securities Fraud Cases

METROPCS COMMS: Coughlin Files Shareholder Suit in N.D. Tex.
Coughlin Stoia Geller Rudman & Robbins LLP commenced a class
action lawsuit in the United States District Court for the
Northern District of Texas on behalf of purchasers of MetroPCS
Communications Inc. (NYSE:PCS) common stock during the period
between February 26, 2009, and November 4, 2009.

If you wish to serve as lead plaintiff, you must move the Court
no later than 60 days from today. If you wish to discuss this
action or have any questions concerning this notice or your
rights or interests, please contact plaintiff's counsel, Samuel
H. Rudman, Esq., or David A. Rosenfeld, Esq., of Coughlin Stoia
at 800/449-4900 or 619/231-1058, or via e-mail at djr@csgrr.com.
If you are a member of this class, you can view a copy of the
complaint as filed or join this class action online at
http://www.csgrr.com/cases/metropcs/ Any member of the putative  
class may move the Court to serve as lead plaintiff through
counsel of their choice, or may choose to do nothing and remain
an absent class member.

The complaint charges MetroPCS and certain of its officers and
directors with violations of the Securities Exchange Act of 1934.
MetroPCS offers wireless broadband mobile services in the United

The complaint alleges that during the Class Period defendants
issued a series of false and misleading statements and/or
concealed material adverse facts regarding the Company's business
and prospects. Specifically, the complaint alleges that
defendants' statements misrepresented and failed to disclose the
following adverse facts: (a) the Company was losing customers at
a higher rate than previously experienced and was failing to add
new customers due to increased competition; (b) the Company's
average revenue per user was lower than expected due to an
increase in promotional activity; (c) the Company's increase in
subscribers in the first quarter was due to a promotion whereby
customers received the first month free and could cancel without
penalty; (d) the reported new subscriber numbers were
artificially inflated by the inclusion of upgraded subscribers as
new additions; (e) the costs of acquiring new customers was
increasing due to an intensification of the Company's marketing
campaigns in the Northeast market along with its promotional
activities; and (f) as a result of the foregoing, defendants
lacked a reasonable basis for their positive statements about the
Company and its prospects.

Then, on November 5, 2009, before the market opened, MetroPCS
issued a press release announcing its third quarter 2009
financial results, reporting that the Company's net additions
were below expectations due to elevated churn and a deceleration
in gross additions, and lowering its guidance for the year. In
response to the lowered guidance, the price of MetroPCS stock
fell $0.61 per share, or 9%, to close at $6.01 per share.

Plaintiff seeks to recover damages on behalf of all purchasers of
MetroPCS common stock during the Class Period (the "Class"). The
plaintiff is represented by Coughlin Stoia, which has expertise
in prosecuting investor class actions and extensive experience in
actions involving financial fraud.

Coughlin Stoia -- http://www.csgrr.com/-- a 190-lawyer firm with  
offices in San Diego, San Francisco, Los Angeles, New York, Boca
Raton, Washington, D.C., Philadelphia and Atlanta, is active in
major litigations pending in federal and state courts throughout
the United States and has taken a leading role in many important
actions on behalf of defrauded investors, consumers, and
companies, as well as victims of human rights violations.

                      Asbestos Litigation

ASBESTOS ALERT: ARAMARK Has $6.8M Oct. 2 Retirement Obligations
ARAMARK Corporation recorded asset retirement obligations
(including asbestos-related) of US$6,831,000 as of Oct. 2, 2009,
compared with US$7,147,000 as of Oct. 3, 2009, according to the
Company's annual report filed with the Securities and Exchange
Commission on Dec. 15, 2009.

The Company recognizes a liability for asset retirement
obligations, which consist primarily of costs associated with the
removal and disposal of regulated asbestos-containing material
and the retirement of certain equipment and leasehold
improvements, even if that activity can be deferred indefinitely.

ARAMARK Corporation
1101 Market Street
Philadelphia, Pa. 19107
Tel. No.: 215-238-3000

ARAMARK Corporation provides managed services to business,
educational, healthcare and governmental institutions and sports,
entertainment and recreational facilities.

ASBESTOS UPDATE: Chelmsford Residents' Deaths Linked to Exposure
A Dec. 11, 2009 inquest at the Chelmsford Coroners Court heard
that the deaths of four Chelmsford, England, locals (Brian
Taylor, John Cutler, Mavis Mayne, and Donald Grant) were related
to workplace exposure to asbestos, the Yellow Advertiser reports.

The 68-year-old Mr. Taylor, a retired maintenance engineer, was
exposed to asbestos when working on boilers, gas pipes and
chimneys during the 1960s. The Harlow native was diagnosed with
mesothelioma in January 2008. He died on May 13, 2009.

Assistant deputy coroner, Tina Harrington, said, "Brian Taylor
died from an industrial disease caused by asbestos. I give a
verdict that he died after contracting the disease during a
period of employment he had been engaged in."

The 75-year-old Mrs. Mayne, of Dunton Road, Basildon, assisted
her husband with renovation work to her bungalow by cutting
asbestos sheeting. The court heard that she would be "covered
head to toe" in dust between 1955 and 1964. She died on Oct. 9,
2009 at St. Luke's Hospice, Basildon.

The 76-year-old Mr. Cutler, of Falmouth Road, Chelmsford, was
diagnosed with mesothelioma in June 2009 and died on July 6,
2009. It is believed that he worked in an office that had
undergone repairs using asbestos and had worked for the company
from the age of 14.

The 66-year-old Mr. Grant, of Rahn Road, Epping, contracted
mesothelioma in December 2008. He was exposed to asbestos dust
while cutting tiles through his work. He died on July 8, 2009 in
Princess Alexandra Hospital, Harlow.

ASBESTOS UPDATE: Hearing in Mo. Fire Chief Case Set for March 18
Joseph L. Washington, the former president and chief of the
Northeast Ambulance and Fire Protection District who pleaded
guilty for asbestos cleanup violations, will be sentenced on
March 18, 2010 in front of U.S. District Judge Charles Shaw, the
St. Louis Post-Dispatch reports.

Mr. Washington was fired earlier in December 2009 as fire chief.
He admitted that while he was president of the district's board,
he illegally removed asbestos from the district's offices in
Beverly Hills, Mo.

Mr. Washington pleaded guilty to one count of violating the Clean
Air Act. In return, the U.S. Attorney's office dropped four other
felony counts against him. Those charges also included lying on
federal bankruptcy documents about his wife's income.

According to the indictment, Mr. Washington did not notify the
Environmental Protection Agency of renovations that included the
removal of asbestos from the building at 7100 Natural Bridge Road
and then violated federal standards for removing the substance.

Mr. Washington was scheduled to go to trial in the case last Dec.
14, 2009. He faces from probation to six months in prison, under
federal sentencing guidelines.

As part of the plea agreement, the U.S. Attorney's office
promised not to pursue prosecution against Mr. Washington related
to any clean air violations.

The district, which provides fire and ambulance service to 15
north St. Louis County communities and the University of Missouri
St. Louis, has been plagued with controversy since April 2007,
when control of the board swung to a majority led by Mr.

ASBESTOS UPDATE: Kitchin Widow Files Lawsuit v. Farleigh School
Rosemary Kitchin, David Kitchin's widow, filed a lawsuit for
GBP200,000 against Mr. Kitchin's employer, Farleigh School, for
exposing him to asbestos, ThisIsHampshire.net reports.

Mrs. Kitchin is claiming damages from the governors of the Roman
Catholic School near Andover, Hampshire, England, where boarding
fees are GBP6,265 a term.

Mr. Kitchin worked as a former master at the school between 1966
and 1969, and 1974 and 1986, when he was exposed to deadly
asbestos dust and fibers in the Stone Passageway, the route into
the main school - according to a High Court writ.

Overhead central heating and hot water pipes lagged with blue
asbestos ran in the passageway, and the lagging was friable,
making the atmosphere contaminated with asbestos, the writ says.
It is claimed that pupils also disturbed the lagging by jumping
up to swing on the pipes.

Mr. Kitchin used the passageway until it was made out of bounds
because of the asbestos, the court will hear. He also visited the
boiler house, which contained asbestos lagged pipes, from time to

Mr. Kitchin developed pain in his abdomen in January 2008, and
tests showed he had malignant mesothelioma of his peritoneal
cavity. He underwent five cycles of chemotherapy, with minimal
response, and spent time in hospital. He died on Jan. 21, 2009 at
the age of 60.

Mrs. Kitchin brands the school negligent and says Mr. Kitchin it
exposed him to a major risk of fatal injury without any
protection, and without warning him of the risks he ran.

ASBESTOS UPDATE: Markethaven, Walmac Fined for Safety Violations
The Dublin Circuit Criminal Court issued penalties to Markethaven
Ltd (a developer) and Walmac Ltd (a demolition firm) for allowing
workers to be exposed to asbestos, The Irish Times reports.

Markethaven is based in Eblana Villas, Dublin 2 and Walmac is
based in Hillview, Naas Road, Saggart.

Finian McDonnell, Markethaven's director, pleaded guilty on
behalf of the company to two breaches of the Health and Safety
Act at the former Spring Grove Service Laundry on the Shelbourne
Road, Ballsbridge, on June 20, 2003.

The charge detailed that Markethaven failed to appoint a project
supervisor for the design stage and that it carried out an
activity which exposed persons, or was liable to expose persons,
to a concentration of asbestos fibers, which created a
substantial risk of death or serious harm. Thomas Gibson, a
solicitor acting for Walmac, pleaded guilty to breaches of health
and safety regarding the same place and date.

Veronica Helley of the Health and Safety Authority (HSA) told
Rosin Lacey, prosecuting, that she visited the site in 2003 when
it was being demolished.

Ms. Helley said she was shown to the site office and examined
safety documents. She shouted at employees to cease because of
the danger of asbestos, and work was stopped. She said the
employees of East Coast Building Ltd, who were doing the
demolition work, were not aware of asbestos in the building
except in the roof.

Ms. Helley said she issued a prohibition notice for work to stop
and that it took two specialist firms two months to clean up the
site in a seven-stage program, the cost of which was EUR300,000
plus VAT.

Judge Frank O'Donnell said he needed time to consider the matter
and adjourned sentencing until January 2010. Both parties face an
unlimited fine.

ASBESTOS UPDATE: Cleanup & Demolition of Iowa Bldg. Cost $88,230
The asbestos removal and the demolition of the former Eagle
County Market in Betterdorf, Iowa, cost US$86,230,
Mesothelioma.com reports.

The demolition began in the first week of December, and is now
completed. The former Eagle Country Market been vacant for a
decade, and the demolition was coordinated by Holst Trucking and
Excavating of LeClaire, Iowa.

The city bought the building for US$1.5 million in 2001, but was
never able to find a way to use the building to its full

Bettendorf Mayor Mike Freemire said, "We've tried public uses,
public-private and private uses and could not find a solution
that could be done in an economical fashion. As such, with the
removal of this building, it allows us the opportunity for a
clean slate to be able to develop whatever programming is
necessary to complement the Learning Campus and make this area
useable for all Bettendorf residents."

Mayor Freemire added, "Now we have the opportunity to be able to
look for new uses for the ground, and in the middle of the city
having a little green area is probably a good thing."

ASBESTOS UPDATE: Mass. AG Settles Asbestos Issue With Worcester
Attorney General Martha Coakley's Office reached an agreement
with the City of Worcester, Mass., resolving allegations that
public school officials improperly removed and disposed of vinyl
asbestos tiles from the auditorium of the Vernon Hill School in
violation of environmental laws, according to a Massachusetts
Attorney General's Office press release dated Dec. 9, 2009.

A final judgment was entered in Suffolk Superior Court on Dec. 9,
2009 by Judge Elizabeth Fahey that requires Worcester officials
to develop and implement an environmental management system (EMS)
for its public schools.

Additionally, the Worcester Public Schools will pay a civil
penalty of US$75,000, which will be waived if the city completes
the EMS in accordance with the Settlement Agreement.

Attorney General Coakley said, "The City of Worcester is taking a
major step towards assuring that the students in the public
schools are protected from environmental hazards in the schools
by comprehensively addressing environmental issues. This is a
great outcome for Worcester and particularly for the students who
attend the public schools."

Department of Environmental Protection Commissioner Laurie Burt
said, "MassDEP rules are in place to ensure that public health is
protected through proper removal and handling of asbestos-
containing materials. The city is committing to an environmental
management system that will ensure proper compliance in the
future with these and other important health, safety and
environmental requirements."

In April 2007, while school was out for spring vacation,
employees of the city of Worcester removed vinyl asbestos floor
tiles without using a licensed asbestos contractor, according to
the complaint filed in Suffolk Superior Court.

Under the city's direction, employees put cracked and broken
pieces of vinyl asbestos floor tiles from the auditorium in
plastic bags and then placed the plastic bags in cardboard drums,
sealed the drums with strapping or duct-tape, and placed the
drums between rows of lockers under the stage in the auditorium.
The complaint further alleges that the city did not label the
barrels with asbestos warnings.  

According to the complaint, the vinyl asbestos tiles removed by
the city contained asbestos concentrations of about 33 to 42
percent. The complaint also alleges the city did not seal off the
auditorium to contain fugitive dust when it was conducting the
removal of the vinyl asbestos tiles or use an air filtration
system to capture particulate asbestos fibers.

Upon discovery of the violations, MassDEP required the city to
restrict access to the auditorium and hire a licensed asbestos
contractor to properly remove, package and dispose of all
asbestos  waste materials and to thoroughly clean and
decontaminate the auditorium and all affected areas of  the

The settlement agreement requires the city to develop and
implement an EMS for its public schools that will comprehensively
address environmental issues to achieve and maintain
environmental compliance throughout the Worcester public school
system and will integrate the city's commitment to environmental
compliance and environmental management practices into the daily
mission of the public schools.

Assistant Attorney General Betsy Harper, Esq., of Attorney
General Coakley's Environmental Protection Division handled the
case. Mary Jude Pigsley, Esq., Greg Levins, Esq., and Don Heeley,
Esq., handled the case for the MassDEP.

ASBESTOS UPDATE: Stonehouse Fined GBP5,500 for Safety Violations
A development company that exposed both employees and others to
the risks of asbestos during renovation work has been prosecuted
by the Health and Safety Executive (HSE), according to an HSE
press release dated Dec. 10, 2009.

Stonehouse Design and Build Limited, based in Houndiscombe Road,
Mutley, Plymouth, Devon, England, was charged with health and
safety breaches under the Control of Asbestos at Work Regulations
2002, following renovation work at the former Sharksfin Hotel at
The Quay in Mevagissey, Cornwall, between December 2005 and July

The company was charged with breaching Regulation 15 (relating to
the spread of asbestos) and Regulation 16 (1) (a) (relating to
the failure to keep the site clean).

Having pleaded guilty to both charges, Stonehouse Design and
Build Ltd was fined GBP2,700 for the each of the breaches then
ordered to pay part costs of GBP8,267 at Bodmin Magistrates
Courts on Dec. 8, 2009.

Stonehouse Design and Build Limited bought the former hotel site
in order to convert the building into apartments. During the
course of the renovation work, asbestos was disturbed and HSE was
notified in confidence that the hazardous material was not being
removed under appropriate controlled conditions. This included
the illegal disposal of asbestos materials alongside general
waste, designated for general landfill waste.

Work at the site was halted by HSE inspectors in July 2009 and
the asbestos was removed under licensed conditions then the site
decontaminated by a specialist team.

Speaking after the hearing, HSE Inspector, Martin Lee, said, "We
have just been running an asbestos awareness campaign called 'The
Hidden Killer' precisely to highlight the dangers of this
potentially lethal material to tradesmen such as those working at
the former Sharksfin Hotel site.

"The dangers of exposure to asbestos cannot be underestimated. In
Cornwall alone, 250 men died from mesothelioma caused by asbestos
between 1981 and 2005 (latest figures available). This figure
will continue to rise unless we can educate tradesmen about the
dangers of asbestos and why this is relevant to them.

"We want them to change the way they work so that they don't put
their lives at risk. The most simple, but important advice is, if
any worker or developer is not 100 per cent certain that there is
no asbestos on site, then work should not begin before the facts
are known. It is not worth the long-term risk."

ASBESTOS UPDATE: $20. Mil. Settlement with Sealed Air Investors
Sealed Air Corporation, on Dec. 4, 2009, agreed to pay US$20
million to settle a six-year-old class action lawsuit filed by
shareholders who alleged that the Company understated its
liability for litigation caused by purchasing part of an asbestos
manufacturer, the New Jersey Law Journal reports.

The suit just settled, Louisiana Municipal Police Employees Ret.
Sys. v. Sealed Air Corp., 2:03-cv-4372, was filed on behalf of
buyers of company stock between March 27, 2000 and July 30, 2002,
during which period the share price dropped from US$58.18 to

U.S. District Judge Dennis Cavanaugh approved the settlement,
under which US$6 million, or 30 percent, goes toward attorney
fees and another US$393,350 for expenses.

The litigation stemmed from the Company's 1998 acquisition of the
Cryovac division of W. R. Grace and Co., a company that in the
1990s was hit with thousands of asbestos suits.

Beginning in 2000, personal injury litigants began suing Grace
and the Company as co-defendants, seeking to overturn the
acquisition as a fraudulent transfer designed to protect Grace's
assets from liability. In April 2001, Grace filed for Chapter 11.

The lawsuit charged that the Company "consistently failed to
acknowledge Sealed Air's potentially massive contingent
liabilities related to Grace's asbestos liability exposure." It
further alleged that the Company violated generally accepted
accounting principals by failing to account for the "substantial
likelihood" that the Company would be held liable for asbestos
claims against Grace.

Judge Cavanaugh certified the class in the Louisiana Municipal
suit in March 2008. The Company unsuccessfully sought to overturn
that decision in the 3rd U.S. Circuit Court of Appeals. In
October 2008, the parties engaged in mediation with former U.S.
District Judge Nicholas Politan, now a Roseland, N.J.-based solo,
but failed to reach a settlement. After a second mediation, with
Eric Green, a professor at Boston University School of Law, they
reached a deal on April 27, 2009.

In approving the settlement, Judge Cavanaugh said 82,000
potential class members were given notice of the terms and none
objected to its reasonableness, adequacy or fairness, although
two members opted out.

Andrew Gordon, Esq., of Paul, Weiss, Rifkind, Wharton & Garrison
in New York was lead defense counsel and Gregory Reilly, Esq., of
Lowenstein Sandler in Roseland, N.Y., was local counsel for the

Ken Aurichio, the Company's director of corporate communications,
said the agreement was reached "to avoid the cost and burden on
our company resulting from continuing litigation." He added,
"We've always denied and continue to deny each and every one of
the claims."

Patrick Dahlstrom, Esq., of Pomerantz, Haudek, Block, Grossman &
Gross in Chicago, was class counsel and Olimpio Squitieri, Esq.,
of Squitieri & Fearon in Jersey City, N.J., was local counsel for
the class.

ASBESTOS UPDATE: Pullman Awarded $233T in Lawsuit v. Smithsonian
Richard Pullman, a former employee of the Smithsonian Air and
Space Museum, was awarded a US$233,000 asbestos-related
settlement, thus ending his lawsuit against the institution, the
Washington Post reports.

According to the terms of the settlement published in the
Washington Post, Mr. Pullman received US$154,000 in August 2009
and will receive US$79,000 in severance pay. The Smithsonian also
agreed to pay 65 percent of his health insurance for nine months.

The 54-year-old Mr. Pullman, a former exhibit specialist, worked
for the museum for 28 years, during which time he frequently had
to saw and drill into the interior walls of the museum.

However, it was not until 2008 that Mr. Pullman and his
colleagues were informed that those walls contained asbestos. He
now has asbestosis.

The Smithsonian commissioned an independent report to look into
the asbestos situation, and the consultant has recommended
changes in procedures, training and inspections at the buildings,
to locate toxic substances throughout the massive complex.

The Smithsonian failed, reportedly, to maintain complete records
of asbestos-containing material, so workers had insufficient
information as to the whereabouts of the toxic substance, and how
to work around it.

ASBESTOS UPDATE: Wis. Local Penalized $130,000 for DNR Breaches
According to Wisconsin state Attorney General J.B. Van Hollen, on
Dec. 10, 2009, Daniel Marini was fined more that US$130,000 after
he was found guilty of environmental violations (including
asbestos-related) in operating salvage sites in La Crosse and
Jackson counties, Coulee News reports.

The 59-year-old Mr. Marini, of Mindoro, Wis., burned five mobile
homes and then buried the ash at his La Crosse County salvage
yard, without a permit and without first inspecting them for
asbestos, Mr. Van Hollen said.

Mr. Marini also illegally transported and stored about 90 non-
labeled drums of hazardous waste and crushed vehicles without
first draining them as required of liquids, which ran into the
ground, according to a civil complaint filed in Dane County.

Mr. Van Hollen added that when the state Department of Natural
Resources and La Crosse County demanded Mr. Marini properly
remove waste materials and close his unlicensed salvage
operation, Mr. Marini relocated to a salvage yard he bought in
Jackson County. The DNR concluded both sites had hazardous
substance spills.

On Dec. 10, 2009, a judge fined Mr. Marini US$100,137 and ordered
he pay US$32,206 to the DNR and the Department of Justice.

ASBESTOS UPDATE: Trial of Former Eternit Execs Ongoing in Turin
The trial of two former Eternit executives, 62-year-old Stephan
Schmidheiny and 88-year-old baron Louis de Cartier de Marchienne,
who were accused of negligence in 2,200 asbestos-related deaths
is ongoing, UPI.com reports.

Trial began on Dec. 10, 2009 in Turin, Italy.

Mr. Stephan, Eternit's owner, is a Swiss billionaire, and Mr. de
Marchienne, a former managing director of the Company, is a
Belgian baron. The two men, who are being tried in absentia, are
accused of causing an environmental disaster and failing to take
proper safety measures at Eternit.

Both men deny any wrongdoing. If convicted, they could each face
12 years in prison.

Thousands showed up for the trial's beginning, with interest so
high it required three courtrooms with hundreds of relatives and
journalists watching on videolink. Outside, demonstrators and
relatives of victims who worked at Eternit plants in Europe held
placards calling for justice.

Prosecutor Raffaele Guariniello told reporters asbestos dust in
the air from roofs, streets and courtyards caused tumors among
Eternit staff, their families and people living near the
factories and has left around 800 seriously ill.

ASBESTOS UPDATE: Nightcliff Foreshore Closed for Hazard Removal
The Council of the City of Darwin, in the Northern Territory of
Australia, said the Nightcliff foreshore has been closed to the
public on Dec. 11, 2009 while asbestos is removed from the beach,
ABC News reports.

Six men in full-body suits, face masks, gloves and glasses
removed up to three cubic meters of loose asbestos dumped on the
beach at Nightcliff after World War II and Cyclone Tracy.

Graeme Sawyer, the Lord Mayor, says there may be several more
tons of asbestos in the rock face, which is being exposed by
coastal erosion. He says it is not fair to slap Darwin ratepayers
for the cost of removing material, which was probably dumped by a
combination of American and Australian defense forces. He has
approached the Federal Government for assistance with the

Air monitoring pumps are measuring all fibers and there have not
been any alarms this morning. The overcast and wet weather had
provided ideal conditions for the cleanup.

The bags of asbestos will be buried at the waste disposal center
near Shoal Bay.

ASBESTOS UPDATE: Traces of Hazard Found in Quarry Near Baryulgil
Tests showed traces of asbestos at the Ewingar quarry near
Baryulgil, New South Wales, Australia, The Daily Examiner

Mayor Richie Williamson said the Clarence Valley Council was
aware of the test results and precautions were being put into
place. He said, "A program of works is been undertaken
immediately to minimize risks of harm to people working and
travelling near the asbestos-containing materials.

"The council has been aware that asbestos occurs naturally in the
area and one of the bridge reconstruction projects recently
undertaken encountered asbestos, which then required the careful
management of that part of the reconstruction."

More site-testing of the material and airborne particle testing
is being undertaken to determine the extent of asbestos material
and the health risks associated with the exposed fibers.

Council has discontinued the use of asbestos in the Ewingar
quarry to minimize health risks to residents, staff and visitors.

ASBESTOS UPDATE: Court Affirms Ruling in Illinois Central Action
The Court of Appeals of Kentucky affirmed the ruling of the
McCracken Circuit Court, which granted Illinois Central Railroad
Company's motion to dismiss an asbestos case filed by Dale Batts
on behalf of her late husband, Charles Batts.

The case is styled Dale Batts, Executrix of the Estate of Charles
Batts v. Illinois Central Railroad Co.

Judges Michelle M. Keller, Janet L. Stumbo, and Laurance B.
VanMeter entered judgment in Case No. 2008-CA-001193-MR on
Oct. 2, 2009.

In February 2003, Mr. Batts filed a complaint in circuit court
alleging that he contracted asbestosis as a result of his
exposure to asbestos and asbestos-containing products during the
course of his employment with ICRR, which ICRR denied.

On April 27, 2004, the circuit court issued a notice of intent to
dismiss the case for lack of prosecution. Upon receiving notice
of Mr. Batts' April 21, 2004 death and of Mrs. Batts' intent to
revive the action in her name, the court entered an order
retaining the case on its active docket.

On April 21, 2005, Mrs. Batts moved for substitution and revival
of the claim in the circuit court. On that same date, the Hickman
District Court judge signed an order appointing Mrs. Batts as the
executrix of Mr. Batts' estate.

Meanwhile, ICRR moved to dismiss Mrs. Batts' motion for
substitution and revival. The circuit court dismissed Mrs. Batts'
motion. Her motion to vacate the judgment was denied. Thereafter,
she appealed.

On March 2, 2007, in Appeal No.2005-CA-001594, a panel of this
court reversed and remanded the circuit court's order on the
ground that the April 21 order appointing Mrs. Batts as the
executrix of the estate became effective the day it was signed by
the judge. Thus, Mrs. Batts' motion for substitution and revival
was not barred.

ICRR then moved to dismiss the action on Jan. 28, 2008. Mrs.
Batts responded and ICRR replied. Ultimately, the circuit court
granted ICRR's motion and dismissed the case.

ASBESTOS UPDATE: Defendants' Summary Judgment Affirmed in Meehan
The U.S. District Court, Northern District of New York, granted
Defendants' Motion for Summary Judgment in a pro se case
involving asbestos filed by Dennis Meehan.

The case is styled Dennis Meehan, Plaintiff v. George Pataki,
Governor; Glenn Goord, Commissioner, DOCS; John Doe #1,
President, Corcraft; John Doe #2, Superintendent, Auburn
Correctional Facility; Saxton, Head Supervisor, Corcraft; and
Nelson, Deputy Superintendent of Programs, Defendants.

Senior District Judge Frederick J. Scullin, Jr. entered judgment
in Case No. 9:06-CV-769 (FJS/GJD) on Sept. 29, 2009.

On June 12, 2006, Mr. Meehan filed this action, alleging
violations of his rights under the Eighth Amendment. He alleged
that he was exposed to asbestos during his incarceration at
Auburn Correctional Facility and that, because of this exposure,
Defendants violated his Eighth Amendment rights.

Mr. Meehan contended that, while he was incarcerated at Auburn
Correctional Facility (ACF), between July 2001 and May 2005,
facility personnel did not follow proper procedures when
initiating asbestos removal or other construction projects,
causing friable asbestos to "contaminate the air."

Mr. Meehan also claimed that, from April 2004 until May 2005, he
worked as a porter for Industry/Corcraft at Auburn Correctional
Facility. He contended that, during that time, he was
unnecessarily exposed to more asbestos while he cleaned elevator
shafts and a boiler room. Finally, he asserted that he was
further exposed to asbestos when heating pipes were removed from
A-Block and E-Block.

On Sept. 30, 2008, Defendants filed a motion for summary
judgment. This court granted the order, thus the case was

ASBESTOS UPDATE: North End Resident's Death Related to Exposure
An inquest heard that the death of 75-year-old Alex Tiller, a
former lagger and riveter from North End, Portsmouth, England,
was linked to workplace exposure to asbestos, The Portsmouth News

Mr. Tiller had spent his career in Portsmouth. He regularly came
into contact with asbestos while working as a lagger and riveter
over a period of more than 40 years. He had to retire in 1993 due
to ill-health.

However, it was not until 11 years later that Mr. Tiller was
diagnosed with lung cancer following an x-ray. The inquest heard
he became unwell that he was constantly short of breath, could
not climb a flight of stairs, and eventually had to sleep on the
ground floor at his home. He died at home on Dec. 26, 2008.

A post mortem revealed Mr. Tiller had asbestos-related pleural
plaques, asbestosis and a large tumor on his left lung.

Recording a verdict that Mr. Tiller died from an industrial
disease, Portsmouth and south-east Hampshire coroner David
Horsley said, "I know that Mr. Tiller was a smoker but I think
all of the facts presented are too much of a coincidence.

"The fact that he worked all his life in the dockyard, that he
has pleural plaques, he's got asbestosis, and a special test
carried out in Cardiff showed a high level of asbestos fibres in
his lung tissue, is such that I can't ignore it."

ASBESTOS UPDATE: Carpenter's Kin Seeking Information on Exposure
The family of Tracey Carpenter, a 43-year-old mother who died
from long-term exposure to asbestos, seeks more information about
where Ms. Carpenter was exposed to asbestos, the Evening
Telegraph reports.

Ms. Carpenter, of Kettering, Northamptonshire, England, died in
November 2009 after being diagnosed wth mesothelioma in July
2009. She left behind her partner Gary Haldane and their
children: 18-year-old daughter Jane and 16-year-old son Reece.

Ms. Carpenter could not recall working with asbestos but may have
been exposed to the substance through contact with clothing worn
by her father while he worked at British Steel in Corby.

Ms. Carpenter's father, Charles Fairey, who died in 1980 at the
age of 56, worked as a crane driver in the bessemer plant at
British Steel from 1956 to 1980.

Before she died, Ms. Carpenter, who worked at Kettering Council,
remembered her father coming home from work wearing dusty
clothing when she was a child. She also remembered helping with
the laundry which included her father's work clothes.

Ms. Carpenter's family is calling for anyone who worked as a
crane driver, or on the maintenance of cranes at Corby steelworks
or who worked with Mr. Fairey to get in touch if they have any
information about the presence of asbestos.

Thompsons Solicitors is investigating the possibility of
obtaining compensation for the family.

ASBESTOS UPDATE: Three Cases Filed in Kanawha Co. on Nov. 13, 23
Three separate lawsuits were filed in Kanawha Circuit Court,
W.Va., wherein one case was filed on Nov. 13, 2009 and two cases
were filed on Nov. 23, the West Virginia Record reports.

In the lawsuit filed Nov. 13, 2009, Jerome Hensley named 52
companies in his complaint. In the Nov. 23, 2009 complaints,
Arnold Glenn Treadaway named 45 companies and Charles Benjamin
Oxley and Louise Oxley named 58 companies.

Mr. Hensley, Mr. Treadaway and Mr. Oxley claim they were exposed
to asbestos products of the defendants while working at various
job sites over many years.

Mr. Hensley and Mr. Treadaway were diagnosed on Oct. 16, 2009
with mesothelioma. They both claim to have smoked one pack per
day: Mr. Hensley from 1986 to 2004 and Mr. Treadaway smoked from
1944 to 1970. Mr. Oxley claims he never smoked.

According to the suits, the defendants are being sued for
negligence, contaminated buildings, breach of expressed/implied
warranty, strict liability, intentional tort, conspiracy,
misrepresentations, and post-sale duty to warn.

Cindy J. Kiblinger, Esq., of James F. Humphreys & Associates, and
Victoria Antion, Esq., of Motley Rice represent Mr. Hensley, Mr.
Treadaway and the Oxleys.  Mr. Treadaway is also represented by
James A. McKowen, Esq., also from James F. Humphreys &

Kanawha Circuit Court Case Nos.: 09-C-2123, 09-C-2178, 09-C-2179
have been assigned to a visiting judge.

ASBESTOS UPDATE: Templeton, Testa Actions Filed Nov. 12 in W.Va.
Two widows, Nellie Gray Templeton and Ruth Testa, on Nov. 12,
2009, filed separate asbestos-related lawsuits against CSX
Transportation Inc. on behalf of their late husbands in Kanawha
Circuit Court, W.Va., The West Virginia Record reports.

Mrs. Templeton and Mrs. Testa claim their husbands were exposed
to asbestos dust, fibers, silica sand, silica dust, coal and/or
coal dust.

The Templeton suit says Carroll Templeton was employed at CSX
from 1943 until 1982. Mrs. Templeton claims during her husband's
career he was exposed to asbestos dust, fibers, silica sand,
silica dust, coal and/or coal dust. He died as a result of
asbestos-causes diseases and/or injuries.

The Testa suit says Benny J. Testa worked at CSX from 1938 until
1953. Mrs. Testa claims during her husband's career he was
exposed to asbestos dust, fibers, silica sand, silica dust, coal
and/or coal dust. He died as a result of asbestos-causes diseases
and/or injuries.

Both women seek judgment against CSX Transportation in the amount
of US$1.5 million.

James F. Humphreys, Esq., James A. McKowen, Esq., and Willard J.
Moody, Esq., represent Mrs. Templeton and Mrs. Testa in Kanawha
Circuit Court Case Nos.: 09-C-2114 and 09-C-2115.

ASBESTOS UPDATE: Handeland to Pay Penalty for Cleanup Violations
Wisconsin State Attorney General J.B. Van Hollen, on Dec. 15,
2009, announced that his office has resolved a civil case it has
brought against Handeland Flooring, Inc., a firm based in
Thiensville, Wis., which engaged in the business of laying,
replacing and refinishing floors, according to a Wisconsin
Department of Justice press release dated Dec. 15, 2009.

The Wisconsin Department of Natural Resources (DNR) asked the DOJ
to prosecute Handeland Flooring for its violations of air
pollution control laws regulating the handling of asbestos-
containing materials.  

The case involves a renovation project at the First United
Methodist Church of West Allis during the summer of 2007. First
United Methodist contracted with Handeland to remove old
asbestos-containing flooring and to install new flooring in a
small dining room and an adjacent hallway in the lower level of
its church at 7520 West Lapham Street in West Allis.

The civil complaint filed in the case charges that Handeland
began work on Aug. 9, 2007, by removing old nine by nine-inch
asbestos-containing tiles and then sanding the underlying
asbestos-containing adhesive mastic on the floor.

According to the complaint, Handeland:  

-- Failed to inspect the premises for asbestos prior to
   commencing work on the project. State law requires anyone
   renovating a building to thoroughly inspect for the presence
   of asbestos prior to the commencement of work.   

-- Failed to provide any prior notice to DNR of its intention to
   renovate before it began stripping and removing the asbestos-
   containing material. State law requires renovators to provide
   written notice to the DNR no later than ten working days
   prior to commencing work that may disturb certain amounts of
   regulated asbestos-containing material.

-- Failed to wet all regulated asbestos-containing material that
   it had removed from the basement of the church and to keep it
   wet until the material was collected for proper disposal.
   State law requires renovators to wet such material before
   stripping it from a building and then keep it wet until it is
   collected and contained for disposal. Complying with these
   regulations minimizes the emissions of asbestos fibers into
   the air.    

-- Failed to have properly trained individuals on the job site.
   State law requires renovators to have at least one on-site
   representative who has been properly trained in the control
   of asbestos emissions when asbestos-containing material is
   being stripped, removed, handled or disturbed.

Under the terms of the settlement agreement, approved by
Milwaukee County Circuit Court Judge Timothy Witkowiak, Handeland
Flooring has agreed to pay penalties totaling US$20,000.

Mr. Van Hollen said, "The excessive emission of air pollution can
threaten the quality of the air we breathe and public health.
That is particularly true with respect to a potentially dangerous
pollutant like asbestos, because exposure to airborne asbestos
fibers is believed to increase the risk of serious lung

Here, the church employed other contractors to clean up the dust
and debris from Handeland's renovation work and in the process
confirmed that asbestos-containing dust had not reached the
building's main floor. Mr. Van Hollen added that "the Wisconsin
Department of Justice will continue to work with the Department
of Natural Resources to ensure that such laws are followed."     

Assistant Attorney General Thomas L. Dosch represented the state.

ASBESTOS UPDATE: Madison, St. Clair in "Judicial Hellholes" List
An American Tort Reform Association 2009 "Judicial Hellholes"
report, released on Dec. 15, 2009, mentions Madison County and
St. Clair counties in Illinois on the group's "watch" list, The
Madison St. Clair Record reports.

In Madison County, the report observes, "The outlook generally
remains positive, but there are those in Illinois and elsewhere
who are discouraged by recent developments and still consider it
a Judicial Hellhole."

Madison's asbestos docket has been increasing since 2006. 2009's
new filings exceed the total number of asbestos cases filed in
2008. On class action lawsuits, at least one more case has been
filed in 2009 than in 2008.

The report continues, "Reasons to keep a close eye on Madison
County persist. Judges interested in reform can only do so much;
the lawyers practicing in the local court rooms determine much of
the local activity. Madison County remains almost twice as
litigious as Cook County and more than four times as litigious as
the average of the other 101 Illinois counties."

As for St. Clair County, the report states, "Madison County's
neighbor shares a reputation as inhospitable to corporate
defendants, but its standing has improved along with the rest of
the Metro East in recent years. Still, it remains a place to
watch with some decisions of concern."

The Record reported there have been three times as many class
action lawsuits filed in St. Clair County in 2009 than there were
filed in 2008.

Topping the Hellhole list (a place formerly occupied by Madison
County) is South Florida, followed by West Virginia, Cook County,
Atlantic County, N.J., and beyond, New Mexico appellate courts
and New York City.

ASBESTOS UPDATE: Hazard Uncovered in Guernsey's Castel Hospital
Tests show that asbestos is found in the roof of a portion of the
Castel Hospital in Guernsey, which is a British Crown dependency,
BBC News reports.

The Meadows Day Centre was closed after part of the ceiling
collapsed in November 2009, due to heavy rain. There was concern
that the ceiling contained asbestos so samples were sent to the
United Kingdom for analysis.

The results confirmed asbestos is present and as a precaution
security measures have been put in place to ensure no one enters
the building. The Health and Social Services Department is in
talks about what action should be taken.

The center has a temporary home at the Gateway Clubhouse, but
arrangements are being made to move it into part of the Giffard
Ward, which was closed earlier in 2009.

ASBESTOS UPDATE: Coiner Facing Prison, Fine for Safety Breaches
Jack R. Coiner, a businessman from Amarillo, Tex., on Dec. 15,
2009, pleaded guilty to a federal charge of negligently releasing
asbestos into the air, Amarillo.com reports.

Mr. Coiner faces up to a year in prison and a US$100,000 fine.

According to federal court records, from July 2007 to May 2009,
Mr. Coiner, who owns Asbestos Maintenance Services Inc., told two
employees to store asbestos, which was properly sealed inside
bags and barrels, at two locations.

Mr. Coiner told federal authorities he planned to store the
material and eventually dispose of it legally at a permitted
landfill, but he was unable to do so because of financial

Through time, some of the bags and barrels weathered or eroded,
releasing asbestos into the air.

A federal investigation has not revealed any other instances when
Mr. Coiner or his businesses unlawfully disposed of asbestos.

ASBESTOS UPDATE: Skerrit Urged to Address Roseau Asbestos Issue
Norris Prevost, the United Workers' Party candidate for the
Roseau Central constituency, urges Dominica's Prime Minister
Roosevelt Skerrit to remove an "asbestos health hazard" in
Roseau, Dominica News Online reports.

On Dec. 10, 2009, Mr. Prevost said, "I have visited the area
myself, and seen the serious danger posed by the degrading and
condemned asbestos buildings in the scouts and girls guides
headquarters, to the health of the children of the St. Mary's
Primary School, as well as to the Old people from the Grotto
Home, who have been moved to the former Dominica Club, and to the
Scouts who still use the building."

According to Mr. Prevost, the problem has been brought to the
prime minister's attention, but to no avail. He added, "This
asbestos health hazard was brought to the attention of Mr.
Skerrit by a medical Doctor, at a televised public budget
consultation earlier this year, and again a few months later in
August. In spite of his promise to deal with it, up to today, M.
Skerrit has failed to remove this very serious health hazard from
the vicinity of the School."

ASBESTOS UPDATE: Hazards Uncovered in Ocala City Hall's Ducting
Asbestos and mold were found in the City Hall of Ocala, Fla.,
causing the Ocala City Council to hold their meeting elsewhere,
Ocala.com reports.

The Council was scheduled to meet in the Marion Theatre off
Magnolia Avenue downtown. One of the items on the agenda is a
request for US$75,000 to pay for the repairs.

Complaints about odors in the council chambers led to discovery
of mold in the chamber's air conditioning duct work. The chambers
have a separate air conditioning system, so the problem is
confined to that room and a hallway between the chambers and city
manager's office on the second floor of City Hall.

Assistant City Manager/City Engineer Bruce Phillips said the
material that taped the duct work together contained the

Mr. Phillips said that PBO3 from Satellite Beach surveyed the
situation and identified the problem at a cost of US$2,782.
Sunrise Environmental of Melbourne removed the ceiling duct work
with the asbestos at a cost of US$9,844. The new air handler and
duct work and installation will cost US$46,600.

Once the work is completed, new carpeting will be installed. The
old carpeting was due to be replaced in 2010. The cost of
installing the new ceiling and the carpeting will be US$13,000.

Mr. Phillips said the system likely was the original system that
dates back at least 40 years.

The city has received an energy efficiency stimulus grant for
US$600,000 that will be used to replace the rest of the air
conditioners at City Hall.

ASBESTOS UPDATE: Asbestos Found in Ocean Downs Racetrack in Md.
Asbestos, lead paint and aging steel beams at the Ocean Downs
Racetrack's grandstand in Berlin, Md., are problems that are
delaying a proposed slots parlor, The Daily Times reports.

Due to "unexpected site conditions," there will be an
"undetermined delay" of the opening of the Ocean Downs video
lottery facility, according to track owner William Rickman.

In a Dec. 6, 2009 letter to the Maryland Video Lottery Location
Commission, Mr. Rickman described how the above problems are
holding up the project. Demolition of the building, which has
been authorized by the county and State Highway Administration,
has been stopped and construction put off until those issues can
be resolved.

Plans by Mr. Rickman's company, Ocean Enterprise 589, call for
the 800 slot machines approved for Ocean Downs to be contained in
a new facility erected in the footprint of the existing

That requires the building, which dates back to the 1970s, be
stripped down to roof and beams, with seating removed, and
rebuilt to accommodate administrative offices above the main
ground-floor gaming area and bar.

However, during a survey of the grandstand, engineers "discovered
serious corrosion in many of the primary and secondary structural
members, some of it very problematic, and requiring further
investigation to determine if we have adequate strength for the
renovation or if we need to take additional measures." Lead paint
covering those beams "is being analyzed for welding

The old building also has asbestos, especially in the roof -- a
discovery that put an immediate halt on demolition.

Worcester County Commission President Bud Church said the county
had not counted on seeing any money from the track in the current
fiscal year.

ASBESTOS UPDATE: Hazard Forces Closure of Tourist Motel in Wash.
The presence of asbestos is the biggest problem plaguing the
Tourist Motel in Yakima, Wash., and could eventually force the
hotel's owner to permanently close it, kimatv.com29 reports.

Joe Caruso, Yakima City Code Enforcement Officer, said, "They
have 30 days to get a contractor to start abating that before
anything can be done in that building."

And a lot has to be done before renters can move back in. There
are electrical and fire safety issues and major roof damage.
However, right now, it is the asbestos keeping everyone out.

Joe Walkenhauer, consultant with Sun Pacific Service, said, "This
is probably the type of respirator that we'd go in to start the

KIMA spoke with Sun Pacific Service, specialists in asbestos
removal. Their assessment: the Tourist Motel faces a big and
costly challenge.

The owner is supposed to be back after Christmas. But even if he
does not take responsibility, the manager will have to, by the
city's deadline.

ASBESTOS UPDATE: Seitz Remand Bid Ok'd in Case v. Bell, Northrop
The U.S. District Court, District of Delaware, granted Frederick
and Mary Louise Seitz's Motions to Remand, in asbestos actions
filed against Bell Helicopter Textron, Inc. and Northrop Grumman.

The case is styled In re Asbestos Litigation: Frederick Seitz and
Mary Louise Seitz, his wife, Plaintiff v. Adel Wiggins Group, et
al., Defendants.

District Judge Sue L. Robinson entered judgment in Civil Action
Nos. 08-351-SLR and 08-353-SLR on Sept. 30, 2009.

The Seitzes filed this asbestos action in the Superior Court of
the State of Delaware for New Castle County on April 25, 2008.

Mr. Seitz was allegedly exposed to asbestos while serving as a
mechanic and pilot in the U.S. Marine Corps from 1946 through
1967, and was allegedly exposed to asbestos during that time.
Northrop Grumman and Bell manufactured and supplied aircraft that
Mr. Seitz maintained and piloted during his service in the

The Seitzes alleged that Northrop Grumman's and Bell's aircraft
had asbestos-containing components and utilized asbestos
insulation. The Seitzes contend that defendants failed to warn
Mr. Seitz and his fellow servicemen about the hazards of

According to his physician, in March 2008, Mr. Seitz was
diagnosed with malignant mesothelioma. On July 2, 2008, the
Seitzes filed a withdrawal of claims on July 2, 2008, limiting
the scope of its case to a state law failure to warn claim.

The Defendants' motion to stay was denied as moot and the cases
were remanded to the Superior Court of the State of Delaware.

Allen Dale Bowers, II, Esq., of the Law Offices of Joseph
Rhoades, Esq., in Wilmington, Del., of Counsel, Jerome H. Block,
Esq., Sharon J. Zinns, Esq., and Amber R. Long, Esq., of Levy
Phillips & Konigsberg, LLP, in New York, represented the Seitzes.

Penelope O'Connell, Esq., of Elzufon Austin Reardon Tarlov &
Mondell, P.A. in Wilmington, Del., and Nancy Shane Rappaport,
Esq., of DLA Piper U.S. LLP in Philadelphia represented Northrop
Grumman Corporation.

Robert K. Beste, III, Esq., of Smith, Katzenstein & Furlow, LLP
in Wilmington, Del., of Counsel, M. Douglas Eisler, Esq., of
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP in Philadelphia,
represented Bell Helicopter Textron Inc.

ASBESTOS UPDATE: Tex. Appeal Court Reverses Ruling in Smith Case
The Court of Appeals of Texas, Houston, First District, reversed
the ruling of the 122nd District Court, Galveston County, Texas
Trial Court, which ruled in favor of Oliver D. and Peggy Ann
Bowen Smith in asbestos litigation filed against Union Carbide
Corporation and Hexion Specialty Chemicals, Inc.

The case is styled Union Carbide Corporation and Hexion Specialty
Chemicals, Inc., Appellants v. Oliver D. Smith and Peggy Ann
Bowen Smith, Appellees.

Justices Terry Jennings, Elsa Alcala, and Laura Carter Higley
entered judgment in Case No. 01-08-00641-CV on Oct. 1, 2009.

Hexion was formerly known as Borden Chemicals, Inc., Borden,
Inc., and The Borden Company.

In 2005, Mr. Smith was diagnosed with mesothelioma, which was
caused by his exposure to asbestos during his employment as a
pipefitter and general laborer for numerous employers at numerous
work sites throughout his career.

The Smiths sued numerous defendants, including Union Carbide, the
owner of one of the premises at which Mr. Smith worked as an
independent contractor, and Hexion, a successor-in-interest to
Smith-Douglas, one of Mr. Smith's former employers.

The case proceeded to trial against Union Carbide and Hexion, and
the jury found that the negligence of Union Carbide and Hexion
caused Mr. Smith's mesothelioma. The jury further found Union
Carbide two percent responsible and Hexion 50 percent responsible
for Mr. Smith's mesothelioma. Finally, the jury found that Hexion
was grossly negligent.

Under the jury's verdict, the trial court entered judgment in
favor of the Smiths and against Union Carbide and Hexion and
awarded the Smiths damages in the amount of about US$150,000
against Union Carbide and US$4 million against Hexion.

The Appeal Court reversed the trial court's judgment and rendered
a take nothing judgment in favor of Union Carbide and Hexion.

ASBESTOS UPDATE: Suffolk Builder Pleads Guilty to Cleanup Breach
Edward Thomas Webster, a builder from Suffolk, England, on Dec.
14, 2009, pleaded guilty at Ipswich Magistrates' Court to the
deposit of chrysotile asbestos and to the transfer of the waste
asbestos without a consignment note, according to an Environment
Agency press release dated Dec. 15, 2009.

Mr. Webster, trading as Preservation in Action, admitted to
breaching the Environmental Protection Act 1990 and the Hazardous
Waste Regulations 2005. He was fined a total of GBP350 and
ordered to pay GBP250 towards Environment Agency costs.

In March 2009, two Environment Agency officers inspected Mr.
Webster's yard at Hazels Lane, Thorington, Suffolk, following
reports that waste was being stored illegally. The officers found
that the land was divided into three fields. All areas of the
site contained pallets with materials for sale such as cleaned
bricks, roof tiles, wood and old beams.

Mrs. Anne-Lise McDonald, prosecuting, told the court that in one
of the fields the officers saw a large pile of asbestos roofing
sheets. In another field, the officers noted evidence that
materials were being sorted for resale. They saw more asbestos
roofing sheets lying in the undergrowth.

On March 11, 2009, Nick Davis, an Environment Agency officer,
returned to the site to take formal samples of the roofing
sheets. Four samples were taken, two from each field, and all the
samples were found to contain chrysotile asbestos.

Mr. Davis wrote to Mr. Webster confirming the samples contained
chrysotile asbestos and requesting that the material was removed
to a suitably licensed facility. Mr. Webster later produced
paperwork to show that 4,260 kilograms of asbestos had been taken
to a suitable landfill site on April 30, 2009. Mr. Davis returned
to the site on May 7, 2009 and saw the asbestos had been removed.

Mrs. McDonald told the court, "While there was no evidence of
direct impact to the environment, the waste had an impact on the
visual amenity of the area." She went on to say, "Mr. Webster
deliberately brought the waste asbestos onto his land. However,
it does not appear that the offending was deliberate."

The magistrates said that the fine and costs were limited by Mr.
Webster's ability to pay.

After the hearing, Environment Officer, Nick Davis, said, "It is
very important that waste, particularly hazardous waste such as
asbestos, is dealt with appropriately. Regulations are in place
to ensure that waste is dealt with in a responsible manner whilst
protecting people and the environment from harm."

Mr. Davis further added, "The Environment Agency has, and will
continue to take appropriate enforcement action against people or
companies who attempt to bypass the regulations in order to gain
an advantage in business. If people are unsure as to how to deal
with the waste they produce they should contact the Environment
Agency for appropriate advice and guidance."

ASBESTOS UPDATE: South Oxhey Resident's Death Linked to Exposure
A Dec. 16, 2009 inquest, at the Hatfield Coroners' Court, heard
that the death of Thomas Price, an 84-year-old resident of South
Oxhey, Watford, England, was related to workplace exposure to
asbestos, the Watford Observer reports.

Mr. Price's exposure to asbestos began while in the Royal Navy
during the 1940s. He then worked as an engineer where he was
responsible for mixing asbestos for use in construction.

Mr. Price received medical treatment at Watford General Hospital
throughout August 2009 after deterioration in his weight and

The inquest heard that Mr. Price was admitted to hospital on Oct.
29, 2009 and suffering from worsening breathlessness and
confusion and was offered palliative care. He died on Nov. 1,
2009 at Watford General Hospital.

Mr. Price's cause of death was listed as malignant mesothelioma,
which Coroner Edward Thomas said was attributable to his
significant exposure to asbestos throughout his working life. He
recorded a verdict of industrial disease.

ASBESTOS UPDATE: Sebring Engineer Filed OSHA Complaint on Dec. 9
On Dec. 9, 2009, Rick Solis, an engineer who was one of 27
employees laid off in October 2009, filed an asbestos-related
Occupational Safety & Health Administration (OSHA) complaint, the
Highlands Today reports.

OSHA notified Highlands County on Dec. 9, 2009 that Mr. Solis was
alleging discriminatory employment practices in violation of the
Pipeline Safety Improvement Act, the Asbestos Hazard Emergency
Response Act and the Toxic Substance Control Act, and retaliation
in violation of the Surface Transportation Assistance Act and the

The county has 20 days to respond in writing. Highlands County
public information officer Gloria Rybinski said Mr. Solis was one
of four engineers laid off when Highlands County cut its budget
by US$15 million.

The county is accused of whistleblower retaliation, said a letter
from Mr. Solis' attorney, Daniel A. Perez, Esq., of Melbourne.

In a letter to OSHA dated Oct. 23, 2009, Mr. Perez said, "Mr.
Solis was terminated for making complaints of unsafe removal,
handling, and disposal of pipes containing asbestos. Mr. Solis
was laid off shortly after complaining about the way Highlands
County was removing, handling, pulverizing and disposing of pipes
containing asbestos."

On Nov. 30, 2009, the Department of Environmental Protection
concluded that the asbestos pipes removed in the Sebring Parkway
Project were within the legal limit. The project involved about
6,700 feet of asbestos water pipes, of which 229.9 feet of
asbestos pipes were removed. The legal limit is 260 feet.

The DEP's report stated, "As of Nov. 18, 2009, the Department has
not discovered any violations of the aforementioned regulations."

About 85 asbestos samples were collected in two months along the
Sebring Parkway and from the Highlands County Landfill.

ASBESTOS UPDATE: Bethlehem Work Exposes 100 Students to Asbestos
A rehabilitation project at Bethlehem Area Vocational-Technical
School in Bethlehem, Pa., exposed about 100 students to asbestos
and some parents were furious when they found out, The Express-
Times reports.

The students spent two months rehabbing the inside of a home in
Bethlehem Township.

On Dec. 15, 2009, an asbestos consultant told teachers, parents
and students of the school that the kids were exposed to "an
extremely low" level of asbestos in the basement of the home.

The school is checking why teachers and students were not
properly notified about the asbestos, according to the report.

ASBESTOS UPDATE: Thieves Exposed to Asbestos in Nottinghamshire
Thieves were told they could have exposed themselves to asbestos
after stealing copper pipes from a skip in Nottinghamshire,
England, BBC News reports.

The theft occurred between the evening of Dec. 14, 2009 and the
morning of Dec. 15, 2009 in Coventry Road, Bulwell.

The skip had copper, which was being used by contractors who were
demolishing a former health center. The thieves cut the lock on
the skip which was sealed to protect members of the public from
asbestos dust.

The thieves were urged to seek health advice as soon as possible.

ASBESTOS UPDATE: Community Seeking Answers on Summerlin Project
Residents of a community in Fort Myers, Fla., Whiskey Creek, seek
answers following the discovery of asbestos in concrete pipes at
the Summerlin Road project, WINK News reports.

A Dec. 15, 2009 meeting was scheduled to address the situation.
About 50 people were expected to attend.

ASBESTOS UPDATE: Court OKs Careys' Motion to Remand Viad Suit
The U.S. District Court, District of Massachusetts, granted
Edward F. and Margaret Carey's Motion to Remand an asbestos
lawsuit filed against Viad Corp. and various other defendants.

The case is styled Edward F. Carey and Margaret Carey, Plaintiffs
v. Viad Corp. et al., Defendants.

U.S. District Judge Gertner entered judgment in Civil Action No.
09cv10530-NG on Sept. 28, 2009.

The Careys brought this personal injury suit against
manufacturers of asbestos-containing equipment in Massachusetts
state court. According to the Complaint, Mr. Carey worked with
and in close proximity to the defendants' asbestos-containing
products as a sheetmetal worker at the Fore River Shipyard in
Quincy, Mass., from 1949 to 1952. He also worked at various
commercial and industrial sites in Massachusetts from about 1955
to the 1970s.

Mr. Carey's exposure to asbestos allegedly caused him to develop
colon cancer, asbestosis, and other asbestos-related diseases.

Viad removed the case from Middlesex Superior Court to this
Court. According to Viad, during the time when its actions
allegedly led to Mr. Carey's exposure to asbestos, it was acting
under the government's instructions as a federal contractor.

ASBESTOS UPDATE: La. Court Affirms Ruling in Boudreaux's Lawsuit
The Court of Appeal of Louisiana, Third Circuit, upheld the
ruling of the Fifteenth Judicial District Court, Parish of
Vermilion, which favored defendants in asbestos litigation filed
by Patsy Jane Boudreaux on behalf of Lloyd Joseph Boudreaux, Jr.

The case is styled Patsy Jane Boudreaux, et al. v. Able Supply
Company, et al.

Judge Sylvia R. Cooks entered judgment in Case No. 08-1350 on
Oct. 7, 2009.

This litigation involved the survival and wrongful death claims
filed by Mrs. Boudreaux and her children. It was alleged Mr.
Boudreaux contracted, and subsequently died from, malignant
mesothelioma resulting from asbestos exposure. Plaintiffs alleged
Mr. Boudreaux sustained significant occupational exposure to
asbestos from the 1950s to the 1970s as an insulator at various
worksites in Texas and Louisiana.

Plaintiffs originally filed suit first in the U.S. District Court
for the Eastern District of Texas. After Mr. Boudreaux's death in
2007, plaintiffs filed suit in Vermilion Parish, La., against 54
corporate defendants.

One of the defendants, American Cyanamid filed an Exception of
Improper Venue and a Motion to Dismiss for forum non conveniens,
asserting that Texas is a more appropriate forum. Many other
defendants joined in and other defendants filed similar
exceptions and motions to dismiss. Some defendants filed
exceptions to personal jurisdiction.

Following a hearing, the trial court granted the parties
additional time to conduct discovery limited to the facts
pertaining to the forum non conveniens issues. When the discovery
was complete, another hearing was held at which American Cyanamid
filed Plaintiffs' discovery responses in the record as evidence.

The trial court granted the forum non conveniens motion and
dismissed the action without prejudice, reserving plaintiffs the
right to re-file the action in a court of competent jurisdiction
within 60 days of the rendition of the judgment. The dismissal
was also conditioned upon all defendants waiving any defense
based upon prescription that matured since commencement of the
action in Louisiana.

The trial court concluded all of the private and public interest
factors weighed heavily in favor of dismissal and the plaintiffs'
slim connection to Vermillion Parish did not justify the burden
on the court and the taxpayers of the parish to support the suit.
The trial court did not render any judgment on the exception of
improper venue. Plaintiffs appealed.

The judgment was affirmed.

ASBESTOS UPDATE: Miss. Court Denies Attorneys' Fees in Broussard
The Court of Appeals of Mississippi, on Oct. 20, 2009, affirmed
the ruling of the Warren County Circuit Court, which denied
Illinois Central Railroad Company's motion for attorneys' fees
and expenses in an asbestos lawsuit filed on behalf of Edwin L.

Case No. No. 2007-CA-01010-COA is styled Illinois Central
Railroad Company, Appellant v. Edwin L. Broussard, Appellee.

On April 12, 2006, a complaint was filed in the Warren County
Circuit Court on behalf Mr. Broussard. The complaint alleged
claims for personal injuries as a result of Mr. Broussard's
exposure to asbestos while he was an employee of Illinois

In response, Illinois Central filed an answer, along with its
requests for discovery. Illinois Central later filed a motion to
compel after its requests for discovery went unanswered.

After conducting an independent investigation, Illinois Central
discovered that Mr. Broussard was deceased at the time the
lawsuit was filed. Mr. Broussard died on Aug. 3, 2004, which was
about one year and eight months before the complaint was filed on
April 12, 2006.

On April 27, 2007, Illinois Central filed a motion to dismiss and
a motion for attorneys' fees and expenses. On May 2, 2007, Mr.
Broussard's attorneys filed a motion to withdraw as counsel and
cited Mr. Broussard's failure to respond to mail correspondence
and to phone calls as the grounds for the motion.

The circuit court granted Illinois Central's motion to dismiss.
However, Illinois Central's request for attorneys' fees was
denied because the circuit court determined that the plaintiff's
attorneys were not guilty of "the type of egregious conduct
required by the Act and Rule 11 so as to warrant the assessment
of attorney[s'] fees and expenses." It is from that denial of
attorneys' fees that Illinois Central appealed.

Finding no error, the Appeals Court affirmed.

ASBESTOS UPDATE: N.Y. Supreme Court Issues Ruling in Ames Claim
The Supreme Court, Appellate Division, First Department, New
York, issued rulings in the case styled In re New York City
Asbestos Litigation, Jamie Ames, Plaintiff-Respondent v. Kentile
Floors Inc., Defendant-Appellant.

Judges Gonzales, Saxe, Catterson, McGuire, and Acosta entered
judgment in the case on Oct. 29, 2009.

On June 24, 2009, the Supreme Court, New York County, denied
Kentile's motion for a protective order and confirmed the Dec. 3,
2008 ruling of the Special Master regarding production of certain
materials associated with tests conducted by Kentile's withdrawn

In this negligence and strict products liability action in the
New York City Asbestos Litigation, the court did not abuse its
discretion in ordering the production of certain tiles, boxes,
videos and photographs.

Although the Oswald case had been settled, the appeal with
respect thereto had been withdrawn and its expert had been
withdrawn, there remained other ongoing Kentile asbestos

Thus, the motion court had full authority, under the controlling
Case Management Order, to issue its discovery order pertaining to
ongoing cases involving Kentile, including this case.

Furthermore, Mr. Ames demonstrated the "special circumstances" or
"undue hardship" necessary to support an entitlement to expert
disclosure beyond the statutorily required summary of the
expert's opinions. The items at issue, tiles sold prior to 1986,
the boxes in which they were stored, and photographs and videos
thereof, could not be obtained on the open market, and the
withdrawal of Kentile's expert did not affect the disclosure
requirement as the items were not work-product prepared in
anticipation of litigation.

The Court considered Kentile's remaining arguments, including
that the motion court ignored its motion for a protective order,
and found them unavailing.


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