/raid1/www/Hosts/bankrupt/CAR_Public/100115.mbx             C L A S S   A C T I O N   R E P O R T E R

            Friday, January 15, 2010, Vol. 12, No. 10


ALCON INC: Shareholders Sue in S.D.N.Y. to Slow Novartis Deal
AROTECH CORP: Inks $2.9 Mil. Settlement in Securities Litigation
BILL ME LATER: N.D. Calif. Lawsuit Challenges Interest Rate Hikes
BROOKHAVEN NATIONAL: N.Y. Court Certifies Homeowner Class
CHICAGO TRANSIT: Lawsuit Challenges City's Transit Funding

CSL LTD: Univ. of Utah Joins Blood Plasma Antitrust Litigation
DEL WEBB: 3,520 Homeowner-Class Certified in Ariz. Piping Lawsuit
DIRECTV: Accused of Forcing Consumers to Pay for Bogus Accounts
FIRST COMMONWEALTH: Pa. Fraud & Unfair Trade Suit Survives

FLORIDA POWER: Lawsuit Complains About Cold Snap Service Failures
JAVELIN PHARMACEUTICALS: Shareholders Sue to Block Myriad Merger
LOS ANGELES COUNTY: Charged with Not Educating Detained Youths
LOTO-QUEBEC: Settles Gambling Addiction Class Suit for C$50 Mil.
MAINE LOBSTERMEN: State A.G. Investigating Price Fixing Claims

METROPOLITAN LIFE: Fee Application Objection Deadline is Feb. 5
NORTHSTAR EDUCATION: Loan Settlement Pact Gets Preliminary Okay
PAN AM 73: Crowell & Moring Clients Sue to Cut Legal Fees
PPP INC: Papa John's Pizza Sued in N.D. Ill. Over Telemarketing
QUAIL INTERNATIONAL: Ga. Court Says Discovery Must End by Mar. 8

ROCKLER COMPANIES: Recalls 2,200 LED Light Kits
ROYAL BANK: Hit By C$2.9 Million Korean Class Action Lawsuit
SEATTLE BIKE: Recalls 350 2010 Redline Conquest Pro Bicycles
STERLING FINANCIAL: Employees File Class-Action Lawsuit
THE STATION: $176 Million Settlement in R.I. Nightclub Fire Case

TYSON FOODS: Settles Consumer Class Action for $5 Million
VERMONT: 33 State Employees Sue for Overtime Pay
VISION AIRLINES: Flight Crew Member Class Certified in Nev. Suit

                        Asbestos Litigation

ASBESTOS ALERT: Ford Lewis, Skalak Fined $2,917 for DEQ Breaches

ASBESTOS UPDATE: No New Developments in Scott Suit Against Chase
ASBESTOS UPDATE: Discovery Ongoing in Jansen Case v. Chase Corp.
ASBESTOS UPDATE: 28 New Cases Filed in Madison Co. on Dec. 14-18
ASBESTOS UPDATE: Corvallis Pair, Firm Penalized for DEQ Breaches
ASBESTOS UPDATE: 10 Actions Filed in Madison Co. From Dec. 21-25

ASBESTOS UPDATE: Bridgford Shopfitter's Death Linked to Exposure
ASBESTOS UPDATE: Residents Near Batehaven Not at Risk to Hazard
ASBESTOS UPDATE: Asbestos Forces Closure of DMNA Armory in N.Y.
ASBESTOS UPDATE: Halton Borough OKs Plan to Build 123 New Homes
ASBESTOS UPDATE: Kings County OKs New Asbestos Disposal Dumpsite

ASBESTOS UPDATE: Renovation at Millom Co-op Site Uncovers Hazard
ASBESTOS UPDATE: District Court Denies Gragg's Motion to Remand
ASBESTOS UPDATE: Court OKs Hendricks' Remand Bid in DDC Lawsuit
ASBESTOS UPDATE: R.I. Court OKs Hopkins' Remand Bid in FW Action
ASBESTOS UPDATE: Goddard Case v. 23 Firms Filed Dec. 23 in W.Va.

ASBESTOS UPDATE: Chevron Probing Exposure Claims at Gorgon Site
ASBESTOS UPDATE: Bendix Plant in Ohio to be Demolished Jan. 2010
ASBESTOS UPDATE: Meriden Local Sentenced for Breaching TSCA Laws
ASBESTOS UPDATE: PW Mills Discharged for Asbestos Cleanup Breach
ASBESTOS UPDATE: Hazard to be Taken From Pa. Children's Hospital

ASBESTOS UPDATE: Hazard to be Removed From Carlson Hall in Wis.
ASBESTOS UPDATE: U.K. Insurers' Bid in Compensation Case Junked
ASBESTOS UPDATE: R.L. Abatement to Remove Hazard From Courthouse
ASBESTOS UPDATE: Cleanup, Facelift at Tex. Capitol Dome Ongoing
ASBESTOS UPDATE: Asbestos Found During Market Deeping Renovation

ASBESTOS UPDATE: Council Urged to Deal With Asbestos in Scotland
ASBESTOS UPDATE: Appeal Court Issues Split Ruling in Link Action
ASBESTOS UPDATE: N.Y. Court OKs Board Ruling in Parrelli Action
ASBESTOS UPDATE: Conn. Court Affirms Board's Decision in Voronuk
ASBESTOS UPDATE: Mass. Contractors Fined $36T for Cleanup Breach

ASBESTOS UPDATE: Marks & Spencer, Others Fined for Safety Breach
ASBESTOS UPDATE: 3 Firms Penalized for Breaches at Newport Base
ASBESTOS UPDATE: Hazard Discovered in Iowa Care Facility Bldgs.
ASBESTOS UPDATE: Hazard Removed from Boffa Hospital in Valletta
ASBESTOS UPDATE: Hoult's Family Gets Payout for Asbestos Injury

ASBESTOS UPDATE: Court Affirms Board Ruling in Mistofsky Action
ASBESTOS UPDATE: Appeals Court OKs OneBeacon's Mandate Petition
ASBESTOS UPDATE: Appeal Ct. Upholds Summary Judgment in Bourque
ASBESTOS UPDATE: Court OKs NSI Summary Judgment in Hogston Claim


ALCON INC: Shareholders Sue in S.D.N.Y. to Slow Novartis Deal
The Associated Press reports that minority shareholders of eye-
care products maker Alcon, Inc., have filed a class-action
lawsuit to prevent Swiss pharmaceutical giant Novartis AG from
completing a $39 billion takeover of the company.

Lawyers for Alcon's minority shareholders, representing 23
percent of the firm, said they have filed a lawsuit in U.S.
District Court in New York against Alcon's board of directors,
buyer Novartis and majority shareholder Nestle for effectively
setting two prices for the acquisition.  

Novartis made a bid last week to become a leading player in the
growing global eye-care market with the announcement that it
plans to take over the 77 percent stake in Alcon it did not
already own.

Novartis said it would buy Nestle SA's 52 percent stake for $28
billion in cash before carrying out a merger with Alcon that
would give it control of the whole company. The Basel-based drug
maker had already purchased 25 percent of Alcon from Nestle in
April 2008 for $11 billion, with the option of buying the food
and drinks company's remaining stake at a later date.

Minority shareholder lawyers said in a statement released Sunday
from New York that their clients were being "squeezed out at an
unfair price," with their stock being sold for about $153 per
share, or 18 percent less than the $180 per share Novartis agreed
for Nestle's remaining stake.

Alcon is incorporated in Switzerland but only trades on the New
York Stock Exchange.

The nature of the statement indicated that the minority
shareholders may want to improve the price of the transaction
without seeking to block the final deal.

Novartis spokesman Eric Althoff said the company wouldn't comment
on pending litigation.

The drugmaker has argued that the price it is offering Alcon's
minority shareholders represents a 12 percent premium on what
Novartis considered the unaffected Alcon share price of $137,
before rumors of an imminent offer drove up the price of Alcon

In Boilermakers Lodge 154 Retirement Plan v. Novartis AG, Alcon,
Inc., Nestle S.A., Daniel Vasella, Cary R. Rayment, Kevin
Buehler, Werner J. Bauer, Paul Bulcke, Francisco Castaner, James
Singh and Hermann Wirz, Case No. 10-cv-00201 (S.D.N.Y.), the
plaintiff is represented by:

          J. Daniel Albert, Esq.
          Lee D. Rudy, Esq.
          Marc A. Topaz, Esq.
          Michael Wagner, Esq.
          280 King of Prussia Road
          Radnor, PA 19087
          Telephone: (610) 667-7706

               - and -   

          Mark Lebovitch, Esq.
          Amy Miller, Esq.  
          Gerald Harlan Silk, Esq.     
          1285 Avenue of the Americas
          New York, NY 10019
          Telephone: (212) 554-1400

AROTECH CORP: Inks $2.9 Mil. Settlement in Securities Litigation
Arotech Corporation (NASDAQ: ARTX) has reached an agreement with
lead plaintiffs to settle the consolidated putative securities
class-action lawsuit originally filed in March 2007 in the United
States District Court for the Eastern District of Michigan.

Under the terms of the proposed settlement, the lawsuit will be
dismissed with prejudice, and Arotech and all current and former
officers and directors named in the complaint will receive a full
and complete release of all claims asserted against them in the
litigation, as well as any related claims that could have been
asserted. The claims will be settled for $2.9 million. The
monetary payment to be made on behalf of Arotech and the
individual defendants will be funded entirely from insurance
proceeds. As a result, there will be no additional financial
contribution by Arotech. The agreement is subject to court

As stated in the settlement documents, Arotech denies any
liability in connection with the litigation and denies the claims
asserted by the lead plaintiffs in the complaint.

"The agreement resolves this issue in a way that is in the best
interests of our shareholders," said Robert S. Ehrlich, Chairman
and CEO of Arotech. "We believe this settlement provides Arotech
with certainty on this lawsuit, eliminates the uncertainties and
further expense associated with this litigation, and eliminates
an unnecessary drain on management time," concluded Mr. Ehrlich.

Arotech Corporation is a leading provider of quality defense and
security products for the military, law enforcement and homeland
security markets. Arotech provides multimedia interactive
simulators/trainers, lightweight armoring and advanced zinc-air
and lithium batteries and chargers. Arotech operates through
three major business divisions: Armor, Training and Simulation,
and Batteries and Power Systems.  Arotech is incorporated in
Delaware, with corporate offices in Ann Arbor, Michigan and
research, development and production subsidiaries in Alabama,
Michigan and Israel.

BILL ME LATER: N.D. Calif. Lawsuit Challenges Interest Rate Hikes
Scott Dance at the Baltimore Business Journal reports that Bill
Me Later is facing a class-action lawsuit claiming the online
sales processor skirts California consumer protection laws to
hike its interest rates.

Kyle Sawyer, a Bill Me Later customer in Torrance, Calif., filed
the lawsuit Jan. 6 in U.S. District Court for the Northern
District of California.  The complaint in Sawyer v. Bill Me
Later, Inc., and eBay, Inc., Case No. 10-cv-00014 (N.D. Calif.)
(White, J.), accuses Timonium-based Bill Me Later, a subsidiary
of online auctioneer eBay Inc., of using a middleman to avoid
California law prohibiting exorbitant credit penalties and
interest rates.

The lawsuit seeks refunds of unjust fees and cancellation of
loans for Bill Me Later customers in California.  It also asks
Bill Me Later and eBay to pay damages equal to three times the
interest it charged Sawyer and any additional plaintiffs who join
the lawsuit.

Bill Me Later is an online payment processor that Internet
retailers use to boost sales. When making a purchase online,
consumers who choose to use Bill Me Later undergo an instant
credit check by the company, which it uses to decide whether to
approve or deny the sale. If approved, Bill Me Later then foots
the bill for the purchase and charges the customer like a credit
card company would.

The lawsuit argues that Bill Me Later evades consumer protection
laws because it isn't a chartered bank or other financial
institution. If it were, it would be subject to consumer
protection laws limiting interest rates and penalty fees.

Instead, CIT Bank is the initial lender when a consumer uses Bill
Me Later; CIT then immediately sells the loan to Bill Me Later.
But Bill Me Later, not CIT Bank, is responsible for the algorithm
that determines whether to OK a purchase, it sets the interest
and fee rates, and it's on the hook if a consumer doesn't repay
the loan. The lawsuit argues that the setup between CIT and Bill
Me Later is a scheme to evade consumer protection law.

"To us, that's clearly an empty economic transaction simply being
done to avoid consumer protection laws," said Jeff Friedman of
Hagens Berman Sobol Shapiro LLP in Seattle, lead attorney for the
plaintiffs. "We think a jury's going to see right through what
this is."

The lawsuit quotes postings to an online message board alleging
interest rates ranging from about 40 percent APR to higher than
100 percent APR.

Bill Me Later officials declined to be interviewed because they
do not comment on pending litigation.

The plaintiffs filed the case in California because it likely
includes a large segment of Bill Me Later's customers, Friedman
said. A case there could have a significant impact on Bill Me
Later's business model, and thus, on consumers in other states as
well, he said.

The Plaintiff is represented by:

          Jeff D. Friedman, Esq.
          Shana E. Scarlett, Esq.
          715 Hearst Avenue, Suite 202
          Berkeley, CA 94710
          Telephone: (510) 725-3000

BROOKHAVEN NATIONAL: N.Y. Court Certifies Homeowner Class
Ridgely Ochs at Newsday reports that a key legal decision has
paved the way for up to 1,000 North Shirley, N.Y., homeowners,
current and past, to collectively sue Brookhaven National
Laboratory for damages due to the release of toxic chemicals from
the lab in the mid-1990s.

Acting Supreme Court Justice Joseph Farneti, in a decision dated
Dec. 23, granted the residents within an area south of the lab
the right to sue as a class for property damages.  

The Associated Press relates that the leaks were first reported
in the mid-1990s and included radioactive tritium.  The lab now
has an ongoing cleanup program.

Some homeowners in Upton first sued Brookhaven in 1996 for loss
of property values and the cost of hooking up to Suffolk County's
public water supply.

An attorney for Brookhaven told the AP the lab might appeal.

CHICAGO TRANSIT: Lawsuit Challenges City's Transit Funding
Jon Hood at ConsumerAffairs.com reports that a class action
lawsuit alleges that funding for Chicago-area transit is
administered in a manner that blatantly discriminates against
minorities.  The suit, filed on January 6, claims that Chicago
overfunds commuter railroads at the expense of the city's storied
"L" subway system.

The lawsuit concedes that most of the $1 billion annual
transportation budget is spent on the Chicago Transit Authority,
which oversees the L and city buses, but says the Authority's
sheer number of passengers means that it remains shortchanged.

The complaint says that the CTA has received around 87 cents per
passenger trip since 2000; in the same amount of time, commuter
railroad Metra received $4.42 per trip. According to the suit,
the budget gap is the result of longstanding racism; around 70
percent of Metra riders are white, while 60 percent of CTA riders
are African American or Hispanic.

The suit is being handled by civil-rights firm Howard Ashley
Watkins & Weltman and a clinic at the Chicago-Kent College of

"It's about peoples' livelihoods," lead plaintiff Manuel Munguia
told the Chicago Sun-Times. "It's really about getting the access
we deserve, to education, to good jobs, and ultimately, to
opportunity and prosperity."

The plaintiffs contend that the funding disparity is a result of
the decades-old "Council Wars," which pitted black mayor Harold
Washington against a group of white politicians in the Chicago
City Council and, later, the Illinois General Assembly. The
Council Wars, which lasted from 1983 to 1986, saw 29 aldermen
vote down all mayoral proposals and appointments.

Judy Pardonnet, a Metra spokeswoman, scoffed at the allegations,
and said that the rail system "categorically denies any type of
racial discrimination." Pardonnet added that "a lot of
information stated in the lawsuit [is] not true."

The suit drew quick support from several area politicians. Jesse
Jackson Jr., a U.S. Congressman widely believed to be interested
in City Hall, scolded the state legislature "for ignoring our
communities for too long."

Mayor Richard Daley took a more cautious tone, agreeing that a
funding disparity exists between the two systems but refusing to
explicitly call the gap racist. Daley said there has been "a lack
of funding for the CTA over many, many years," and that he hoped
the suit would draw wider attention to the problem.

The plaintiffs will likely have an uphill climb in proving their
case. The U.S. Supreme Court has held that merely proving the
disparate racial effects of a policy isn't enough; a plaintiff
must show that the policy actually makes racially-based

The CTA is the second-largest transit system in the country,
second only to New York's Metropolitan Transit Authority (MTA),
which also oversees that city's commuter railroads, bridges, and
tunnels. Barring a breakthrough in union negotiations, the CTA
will cut rail and bus service by nine and 18 percent,
respectively, on February 7.

A copy of the 59-page Complaint in Munguia, et al. v. State
of Illinois, et al., Case No. 10-cv-00055 (N.D. Ill.), is
available at:


The Plaintiffs are represented by:

          Robert C. Howard, Esq.
          Stewart M. Weltman, Esq.
          Kathleen Mangold-Spoto, Esq.
          Rafael A. Vargas, Esq.
          122 S. Michigan Ave., Suite 1850
          Chicago, IL 60603
          Telephone: (312) 427-3600

               - and -

          Laurie E. Leader, Esq.
          The Law Offices of Chicago-Kent College of Law
          Civil Rights/Employment Law Clinic
          565 W. Adams St., Suite 600
          Chicago, IL 60661-3691
          Telephone: (312) 276-9001

CSL LTD: Univ. of Utah Joins Blood Plasma Antitrust Litigation
Eli Greenblat, writing for The Sydney Morning Herald, reports
that the University of Utah has joined the multimillion-dollar
class-action lawsuit against Australian blood plasma group CSL,
marking a widening of anti-trust litigation.  It is the first
educational institution to claim damages from the alleged
operation of a plasma cartel.

In documents filed at the Illinois Northern District Court, the
University of Utah has sought damages of US$10 million against
CSL, its key plasma business, CSL Behring, and the company's
chief US rival, Baxter International.

The university has also named as a defendant the Plasma Protein
Therapeutics Association, an advocate for the world's leading
plasma collectors and producers.

CSL Behring is a member of the association and a number of CSL
senior executives sit on its management and director boards.

The University of Utah joins a dozen American hospitals that
seized on comments made last year by the US Federal Trade
Commission (FTC) that CSL and players in the global plasma
industry operated a ''tight oligopoly'' that was engaged in
market rigging and limiting the supply of life-saving therapies
to push up prices.

At the time, the FTC was considering CSL's $US3.1 billion
takeover bid for Talecris Biotherapeutics.

The deal was eventually blocked on competition concerns.

The US hospitals, which include Northwest Iowa, St Luke's
Methodist, Detroit Medical Centre and Trinity Regional Medical,
are seeking more than US$100 million in damages and demanding a
trial by jury.

The anti-trust allegations have never been tested in court. The
civil case is being led by a US law firm which specialises in
class-action suits.

CSL has consistently claimed the anti-trust accusations are
baseless and that it would vigorously defend the civil action.

The Class Action Reporter provided coverage about Pemiscot
Memorial Hospital v. CSL Limited, et al., Case No. 09-cv-03143
(E.D. Pa.), on Nov. 4, July 30 and July 21, 2009.

DEL WEBB: 3,520 Homeowner-Class Certified in Ariz. Piping Lawsuit
Chris Prickett at In&Out Magazine reports that on August 26,
2009, the Honorable Douglas L. Rayes in the Superior Court in
Maricopa County, Ariz., certified a class action lawsuit.  The
suit names Del Webb Coventry Homes Inc. as the defendant and
3,530 Anthem homes as the class of litigants.

Mr. Prickett relates that the suit alleges the potential for hot
water line leaks due to something known as Thermal-Galvanic
Corrosion (TGC), which allegedly occurs when the copper cold and
hot water lines are buried too close together without insulation
in certain types of soil.  Under these conditions, an
electrochemical phenomenon causes the cold water line to act as a
cathode (negative charge) and the hot water line becomes the
anode (positive charge).  The cathode remains unchanged while the
anode becomes sacrificial and corrodes.  

Mr. Prickett's report is available at http://is.gd/6c6cH

DIRECTV: Accused of Forcing Consumers to Pay for Bogus Accounts
Jon Hood at ConsumerAffairs.com reports that DIRECTV is facing
its second major class action in as many months, this time
alleging that the cable provider charges consumers with fraud
alerts on their credit accounts for satellite TV that they never
used or requested.
Lead plaintiff Brianna Greene says that DIRECTV opened an account
using her credit, even though several credit bureaus had told the
company that Greene had a fraud alert on her credit account. The
company then "used an autodialer and prerecorded voice message to
call plaintiff's cell phone three days after it opened the
account to ask whether or not the fraud alert was correct,"
according to the suit.

When Greene received the phone call, she pressed "0" several
times in an attempt to reach an operator - as instructed by
DIRECTV's automated prompts - but was unsuccessful.

Once Greene finally reached a human being, she was told that she
would have to fill out a form in order to close her new account.
After an account is activated, DIRECTV customers have a 15-day
"grace period," during which they can cancel at no cost.

The suit contends that "it is an unfair practice for DIRECTV to
open accounts upon demand, particularly those where its credit
check reveal [sic] a fraud alert, and then place the burden of
closing the account on victims of fraud."

The action is brought on behalf of all consumers who, within the
past four years, received an autodial call from DIRECTV, despite
having never given the company their phone numbers, and whose
cell phones have either an Illinois, Wisconsin, or Indiana area
code. Greene says that DIRECTV obtained her phone number from "a
skip trace company or some other sort of directory."

Washington case

Greene's complaint comes less than a month after the Washington
state attorney general sued DIRECTV for unconscionable sales

In that suit, Rob McKenna says that DIRECTV draws in new
consumers with ads for cheap service, only to surprise them with
various hidden fees and other "gotchas" in the sales contract.
Such gotchas include undisclosed financing requirements,
cancellation fees, restrictive rebate terms, and attempts by
DIRECTV to extend two-year contracts.

"Even if consumers used a magnifying glass, they still wouldn't
discover that the 'good deal' they were promised came with
potential expensive pitfalls," McKenna said. He added that his
office has received more complaints about DIRECTV - 375 in 2009
alone - than about any other company.

In fact, legal trouble seems to follow DIRECTV. The company has
been named in at least 300 lawsuits over the past five years, a
number of which were class actions. And the company isn't
especially popular with its customers, either;
ConsumerAffairs.com has over 1,400 complaints about the company
in its database.

Greene's suit, which is being handled by Burke Law Offices LLC,
of Chicago, alleges violations of the Telephone Consumer
Protection Act, which restricts the use of "robocalls"; of the
Truth in Lending Act; and of the Illinois Consumer Fraud Act. The
class seeks compensatory and punitive damages, along with
attorneys' fees and costs.

Trip Jennings at The New Mexico Independent report that law firms
in Albuquerque, New York City and Washington, D.C., have joined
to file a class-action lawsuit against former New Mexico
Investment Officer Gary Bland and members of the Educational
Retirement Board, according to the Santa Fe Reporter.

Donna J. Hill, a records clerk at New Mexico State University, is
the lead plaintiff. Hill is an ERB beneficiary and among
approximately 95,000 former educators who lost out when ERB
trustees approved bad investments for political reasons,
according to the lawsuit, the Reporter explains.

The lawsuit appears based partly on Aldus Meyer founder Saul
Meyer's admission that he recommended investments to the State
Investment Council and ERB that were pushed on him by politically
connected individuals here in New Mexico.

The class-action lawsuit also mirrors allegations in a lawsuit
filed by Frank Foy, a former ERB investment officer, that some
ERB members decided to invest public money out of political  

Jonathan W. Cuneo, a Washington D.C.-based litigator, told the
Reporter 's Corey Pein in an interview:

"My law firm has spent quite a bit of time looking at the public
pension fund situation nationally, and we spent quite a bit of
time studying the situation in New Mexico."

When it comes to corrupt practices in public investments, "I
certainly think New Mexico's not alone," Cuneo says.

In addition to Bland, the ERB, its board members and Meyer and
Aldus Equity, the suit also has targeted Vanderbilt Financial
Trust. The firm won $90 million in public money in an investment
deal that later went sour, costing the ERB $40 million and SIC
$50 million.

FIRST COMMONWEALTH: Pa. Fraud & Unfair Trade Suit Survives
A Common Pleas Court Judge ruled that there is enough evidence
that First Commonwealth Bank committed fraud and unfair trade
practices to allow a Class Action case to move forward (No. G.D.
09-000797 in the Court of Common Pleas of Allegheny County,
Pennsylvania).  The customer-plaintiff class will be represented

          Frank G. Salpietro, Esq.
          ROTHMAN GORDON P.C.          
          Third Floor, Grant Building
          310 Grant Street
          Pittsburgh, PA 15219
          Telephone: 412-338-1100

Judge R. Stanton Wettick, Jr. rejected attempts by First
Commonwealth to dismiss the lawsuit, which were filed earlier
this year on behalf of more than 300 First Commonwealth Bank
customers. According to allegations in the complaint, these 300
customers were defrauded into believing that, if they opened a
particular IRA account back in the 1980s, the accounts would
carry a minimum 8% interest rate until retirement. Instead, the
Bank now takes the position that the promise was only good for 90
days. It thus attempted to close down those accounts in late
2008, which prompted the lawsuit.

"We have received sworn affidavits from dozens of First
Commonwealth customers that the Bank, from top executives on
down, misled those customers into investing their hard-earned
money over the course of more than 20 years under the promise
that their retirement nest-egg would grow at a steady rate
without worrying about market fluctuations," Mr. Salpietro
explains. "Instead, in 2008 the Bank suddenly announced that what
the customers were told earlier was untrue, and that the Bank's
IRA contracts allowed it to close down the accounts at any time.
That's unfair, deceptive, and fraudulent."

According to the papers filed, in 1998 First Commonwealth Bank,
which was then named National Bank of the Commonwealth, sent each
of its IRA customers a letter stating that the 8% guaranteed rate
"will continue going forward on deposits presently in the account
and on annual additions." The Bank argued to the court that this
letter was meaningless, but the Judge disagreed, stating that it
would be up to a jury to decide what the letter means.

According to Mr. Salpietro, the next step is for the Bank's
executives and employees to be questioned under oath about the

FLORIDA POWER: Lawsuit Complains About Cold Snap Service Failures
On the same day the Florida Public Service Commission is taking
up Florida Power & Light Co.'s rate hike request, the South
Florida Business Journal reports, a lawsuit has been filed
against the state's largest utility, claiming its equipment
failed to handle the electrical load during the most recent cold

The suit, which seeks class action status, alleges that tens of
thousand of homeowners in Broward and Palm Beach counties lost
power due to the "systemic failure of FP&L's equipment, including
the wholesale failure of transformers, power lines and other
equipment across FP&L's power grid in Palm Beach and Broward

In a statement, FP&L called the lawsuit "frivolous" and "utterly
without merit."

FP&L said that, on Monday morning, customer demand reached an
all-time high of 24,354 megawatt-hours. This was the third demand
record in as many days and far surpassed the all-time summer peak
of 22,361 megawatt-hours, set on Aug. 17, 2005, according to the

"Through it all, FP&L maintained power to an average of more than
99 percent of our customers while operating at near-maximum
capacity," the company said.

The suit, which was filed in Palm Beach Circuit Court on behalf
of Anthony Stampone, alleges that as many as 25,000 homeowners
were left without power in near-freezing conditions for hours or,
in some cases, even days.

"This is precisely the type of case that lends itself to class
action treatment since all affected homeowners are in the same
boat," said:

          Joel A. Kaplan, Esq.
          9410 S.W. 77th Ave.
          Miami, FL 33156-7903   
          Telephone: (305) 274-7533

who filed the suit along with:

          Scott N. Gelfand, Esq.
          SCOTT N. GELFAND, P.A.
          5501 University Drive, Suite 101
          Coral Springs, FL 33067
          Telephone: 954-255-7900

The suit alleges that FP&L's attempts to deal with the outages
were insufficient "Band-Aid approaches." It asks that a judge
issue an order requiring that FP&L be required to make sure that
such power outages never happen again, to ensure that power is
fully restored and that it pay damages for, among other things,
"personal property, loss of use of homes, loss of enjoyment of
life and inconvenience."

FP&L said that, while no system is perfect, it worked around-the-
clock to restore service, deploying 1,300 workers to restore
power. Out of the 800,000 transformers, the company said it had
to replace about 1,300, or 0.2 percent.

"Our transformers are designed to meet normal weather conditions
in Florida, but even under the record-setting cold weather we
experienced, they held up well," the company said.

JAVELIN PHARMACEUTICALS: Shareholders Sue to Block Myriad Merger
Craig M. Douglas at the Boston Business Journal reports that
Javelin Pharmaceuticals Inc. has been hit by a flurry of class-
action lawsuits and pending legal filings linked to its planned
$95 million merger with Myriad Pharmaceuticals Inc.

Javelin (Nasdaq: JAV), based in Cambridge, Mass., declined to
predict whether the suits will result in any financial or
operational "outcome," but it did say the allegations "are
without merit and (the company) intends to vigorously defend
against these actions," according to a Jan. 8 regulatory filing.

In December, Javelin said it planned to merge with Utah-based
Myriad. The deal is expected to close by March 31.

On January 5, 2010, Javelin Pharmaceuticals, Inc., was served
with a complaint naming it, certain of its directors, Myriad
Pharmaceuticals, Inc. and MPI Merger Sub, Inc. as defendants in a
purported class action lawsuit, Schnipper v. Watson, No. 09-5439
(Mass. Super. Ct. filed Dec. 23, 2009).  The Complaint alleges
various breaches of fiduciary duty in connection with the
proposed merger contemplated by the Agreement and Plan of Merger,
dated December 18, 2009, among the Company, Myriad
Pharmaceuticals, Inc., MPI Merger Sub, Inc. and a stockholder

Andrews v. Driscoll, No. 10-0049 (Mass. Super. Ct. filed Jan. 6,
2010), makes substantially similar allegations.  Plaintiff Neil
Andrews is represented by:

          Mitchell J. Matorin, Esq.
          200 Highland Avenue, Suite 306
          Needham, MA 02494
          Telephone: (781) 453-0100

Parrish v. Watson, No. 10-0029 (Mass. Super. Ct. filed Jan. 5,
2010) has been voluntarily dismissed by the plaintiff, and the
plaintiff's counsel in that action has informed the Company that
the plaintiff intends to re-file the action in the Business
Litigation Session of the Massachusetts Superior Court for
Suffolk County.

LOS ANGELES COUNTY: Charged with Not Educating Detained Youths
An alliance of legal groups including the American Civil
Liberties Union and the ACLU of Southern California today filed a
ground-breaking class-action lawsuit against the Los Angeles
County Probation Department and top county education officials
for their total failure to provide youth in the county's largest
juvenile probation facility with basic and appropriate education.
The failure has resulted in children not being adequately
prepared to re-enter society and the workforce.

The lawsuit, filed in United States District Court in Los
Angeles, charges that county personnel -- including
administrators and teachers at the Challenger Memorial Youth
Center in Lancaster, California -- have in some instances relied
on worksheets in lieu of substantive classroom instruction,
denied all educational services to children who ask for help and
failed to ensure that students participate in the required
minimum school day.

"The conscience-shocking practices at Challenger are among the
most egregious failures to deliver education and rehabilitative
services to incarcerated youth ever documented in the nation,
turning out juveniles who are functionally illiterate, unable to
fill out job applications or medical forms, read menus or
newspapers or vote in elections," said Mark Rosenbaum, chief
counsel for the ACLU of Southern California. "The lives of these
young people matter, yet the county is releasing them in
conditions which all but assure their failure to meaningfully
reintegrate, having been denied even a semblance of an education
for years upon years. This is a system out of control, with no
accountability and no concern for the children under its charge."

The lawsuit is the result of a months-long investigation by the
legal groups and details one recent instance of a young man,
incarcerated in county probation camps for most of his high
school years, who was awarded a high school diploma despite being
unable to read or write. It also alleges that administrators and
teachers directed students to leave classrooms to perform tasks
such as painting buildings and removing weeds, while billing the
state for instructional days as if these students were in class.

The Challenger center consists of six camps and a single school
that serves about 650 students. It has been the target of a
Department of Justice investigation over mistreatment and poor
supervision of students, and was cited as having a "broken"
school system in a 2009 Los Angeles County Probation Commission
report. The lawsuit filed today goes beyond these findings and
reveals startling new details about how county agencies and
officials have abdicated their core responsibility of providing
education to youths forced to attend school at Challenger.

"The failure to provide an adequate education to detained youth,
many of whom are youth of color, only sets them up for failure
and increases the odds that they will remain trapped in the
school-to-prison-pipeline," said Catherine Kim, staff attorney
with the ACLU Racial Justice Program. "We have a particular
responsibility to ensure that our most vulnerable children be
rehabilitated and prepared to successfully reintegrate into
mainstream society."

Named as defendants in the lawsuit are the Los Angeles County
Probation Department, the superintendent of the county's Office
of Education, the director of that agency's juvenile court
schools and Challenger's current principal. Along with the ACLU
and the ACLU of Southern California, the lawsuit was filed by the
Public Counsel Law Center and the Disability Rights Legal Center.

All three of the plaintiffs named in the lawsuit, like many other
students at Challenger, were unlawfully removed from class
numerous times. Challenger school staff refused to allow these
removals to be questioned or appealed, depriving the students of
their due process rights as well as the opportunity to learn.

"The students at Challenger deserve, and are legally entitled to,
an education," said Laura Faer, director of the Children's Rights
Project at Public Counsel Law Center. "What they get instead is
abuse, retaliation and needless punishment. These actions are the
hallmarks of an institution that consigns children to a life in
the criminal justice system, which is exactly the opposite of
what it's supposed to do. This is the moral equivalent of placing
a child in handcuffs and throwing away the key."  

Among other things, the lawsuit seeks to force the county to
provide intensive reading remediation services to current and
former students at Challenger who are three or more years behind
their chronological grade level in reading ability, and to
prevent county officials from excluding students from classrooms
without providing them with notice and an opportunity to
challenge the basis for their removal.

"Put simply, the youth at Challenger are not being given a
chance," said Carly Munson, a staff attorney with the Education
Advocacy Program at the Disability Rights Legal Center. "It is
time to stop these children from being treated like they are
throw-away kids. The agencies we have sued today have both a
moral and legal obligation to change their practices, and this is
their opportunity to do it."

A copy of the Complaint filed in Casey A., et al. v. Robles, et
al., Case No. 10-cv-00192 (C.D. Calif.) (King, J.), us available


LOTO-QUEBEC: Settles Gambling Addiction Class Suit for C$50 Mil.
RecentPoker.com reports that following a problem gambling class
action involving 120,000 players and initiated in 2001, Loto-
Quebec has agreed to a multi-million Canadian dollar settlement,
citing a Canadian Broadcasting Corporation report.

The provincial government of Quebec, which owns the lottery, has
now agreed to reimburse the costs of addiction treatment between
1994 and 2002 to the plaintiffs. The money is to help gambling
addicts who were not previously covered by Quebec health
insurance. The province began covering the cost of therapy for
problem gamblers in 2002.

The plaintiffs originally sought about Cdn$1 billion in damages,
but have settled for around Cdn$50 million.

Former journalist Nelson Labrie, the first witness called to
testify, told the judge he thought video lottery terminals were
ridiculous until he couldn't stop playing them. He went on to
describe how his addiction had cost him his home and more than
$250 000.

Legal representative for the plaintiffs Roger Garneau said that
his clients had succeeded in proving that VLTs are dangerous, but
that experts were not able to prove that playing on video lottery
terminals caused people to become addicted to gambling.

Not everyone was happy with the result. Agreeing to the
settlement was a mistake, said gambling counsellor Sol Boxenbaum,
a consultant on the case who felt that the lawsuit could have
created a precedent that would have forced Loto-Qu‚bec to warn
people about the dangers of VLTs.

"How did we give up on a point like that?" Mr. Boxenbaum asked.
"[There] should have been no question about a settlement unless
we get that warning put onto the machines."

Plaintiffs who disagree with the settlement will have an
opportunity to state their cases when the agreement comes before
a final court hearing on March 8 for ratification by a judge.

CBC reports that VLTs bring in more than one quarter of the
provincial gaming corporation's Cdn$3.8-billion in annual

METROPOLITAN LIFE: Fee Application Objection Deadline is Feb. 5
As previously reported, on November 5, 2009, MetLife, Inc. and
Metropolitan Life Insurance Company agreed, without admitting any
liability, to settle two policyholder class actions regarding the
demutualization that the company completed in April 2000.  The
attorneys for the plaintiff classes have applied to the courts
for attorneys' fees and litigation expenses, and some of the
individual named plaintiffs have applied for incentive awards, to
be paid from the previously announced proposed settlement fund.

Any objections to applications for attorneys' fees, litigation
expenses or incentive awards must be filed no later than February
5, 2010, with both the U.S. District Court Clerk, 225 Cadman
Plaza East, Brooklyn, NY 11201, under the caption In re MetLife
Demutualization Litigation, Docket No. 00-CV-2258 (JBW), and the
New York Supreme Court Clerk, 60 Centre Street, New York, NY
10007, under the caption Fiala v. Metropolitan Life Insurance
Company, Index No. 601181/2000 (Justice Kornreich).  The federal
and state courts will jointly hear argument on all applications
for attorneys' fees, expenses and incentive awards in the two
class actions at 11:30 a.m. on February 9, 2010, in Courtroom 228
at the New York County Courthouse, 60 Centre Street, New York, NY
10007. Copies of the applications for attorneys' fees, litigation
expenses and incentive awards that have been submitted in both
cases may be downloaded by registered users of the Public Access
to Court Electronic Records (PACER) service from the federal
court's electronic filing system at ecf.nyed.uscourts.gov under
Docket No. 00-CV-2258 or may be examined in the offices of the
clerks of the respective federal and state courts at the
addresses listed above.

MetLife, Inc. -- http://www.metlife.com/-- is a leading provider  
of insurance, employee benefits and financial services with
operations throughout the United States and the Latin America,
Europe and Asia Pacific regions. Through its subsidiaries and
affiliates, MetLife, Inc. reaches more than 70 million customers
around the world and MetLife is the largest life insurer in the
United States (based on life insurance in-force). The MetLife
companies offer life insurance, annuities, auto and home
insurance, retail banking and other financial services to
individuals, as well as group insurance and retirement & savings
products and services to corporations and other institutions.

MAINE LOBSTERMEN: State A.G. Investigating Price Fixing Claims
LawyersAndSettlements.com reports that Maine's Attorney General
has launched an investigation into the Pine Tree State's lobster
industry, sparking a potential price fixing class action lawsuit
from local fishermen.

The investigation, which is expected to last several months,
stems from a formal written complaint sent to the Attorney
General's office from a collection of more than 50 lobstermen
residing in Washington County.

Local fishermen charge that dealers are colluding to set low
dockside prices in an effort to control the market and drive
their own profits.  According to The Associated Press, dealers
regularly discuss the amount that they pay for freshly caught
lobster with the current going price of $3 a pound.  The same
lobsters can retail for anywhere between $8 and $25 a pound.

"The office has just begun to investigate and has not made any
conclusion or determinations that anything illegal is happening,"
Kate Simmons, a spokeswoman for the Attorney General's office,
tells the AP.

NORTHSTAR EDUCATION: Loan Settlement Pact Gets Preliminary Okay
On Dec. 21, 2009, the Honorable Donovan W. Frank gave
preliminarily approval to a $9.75 million settlement in In re
Northstar Education Finance, Inc., Contract Litigation, MDL No.
08-1990 (D. Minn.).  

The lawsuit was filed in 2008 by a number of persons who obtained
or co-signed student loans held by Northstar or a wholly owned
subsidiary of Northstar who were eligible for Northstar's T.H.E.
Repayment Bonus -- which Northstar suspended on or about February
18, 2008.  The lawsuit claims that the T.H.E. Repayment Bonus was
a term of the agreement and sued for money damages going
backwards for missed payments and for injunctive relief going
forward to ensure future payments would be made.  Northstar
answered and defended its action stating that the T.H.E.
Repayment Bonus was never a term of the contract and that at all
times Northstar retained the discretion to only pay the bonus if
financial conditions allowed.

A final hearing is scheduled for April 8, 2010.  

Additional information about this litigation and the settlement
is available at http://www.northstarloansettlement.com/which is  
hosted by CAC Services Group LLC.

The Plaintiff Class is represented by:

          Robert K. Shelquist, Esq.
          100 Washington Avenue South, Suite 2200
          Minneapolis, MN 55401

               - and -  

          Adam J. Levitt, Esq.
          55 West Monroe Street, Suite 1111
          Chicago, IL 60603

               - and -  

          Charles S. Zimmerman, Esq.
          651 Nicollet Mall, Suite 501
          Minneapolis, MN 55402

Northstar is represented by:

          Todd A. Noteboom, Esq.
          150 South Fifth Street, Suite 2300
          Minneapolis, MN 55402

PAN AM 73: Crowell & Moring Clients Sue to Cut Legal Fees
Marcia Coyle at The National Law Journal reports that two
American victims of the 1986 hijacking of Pan Am Flight 73 have
sued Washington's Crowell & Moring over its demand that they
share their multimillion-dollar award with other Flight 73
victims represented by the law firm.

Dave v. Crowell & Moring and Pan Am Flight 73 Liaison Group, Case
No. BC429190 (Calif. Super. Ct., Los Angeles Cty.), was filed
Jan. 4 in Los Angeles County Superior Court by two sisters, Gargi
and Giatri Dave, who, as children, suffered severe injuries in
the hijacking at the Karachi, Pakistan airport.  Twenty
passengers were killed and more than 120 were wounded during the

At the core of the suit -- a copy of which is available at
is the legitimacy of a retainer agreement and a joint prosecution
agreement as well as their effect following the 2008 U.S.-Libya
treaty settling terrorism-related legal claims of U.S. citizens
for $1.5 billion. President George W. Bush issued an executive
order implementing claims settlement.

If the law firm is successful in its demand, the sisters will
lose approximately 90 percent of awards that could total from $4
million to $12 million, according to their attorney:

          Kathryn Lee Boyd, Esq.
          4582 Calle San Juan
          Newbury Park, CA 91320
          Telephone: 805-405-9133

an international law litigator.  The bulk of that money would go
to noncitizens who comprise nearly 77 percent of Crowell's 178
hijack clients.

The lead lawyer for the Pan Am victims:

          Stuart H. Newberger, Esq.
          1001 Pennsylvania Avenue, N.W.
          Washington, DC 20004-2595
          Telephone: 202-624-2649

said, "We have fought tirelessly for 178 victims of the terror
attack on Pan Am 73 who agreed to join together to achieve
justice for the crime they suffered. Our effort involved more
than 30 Crowell & Moring attorneys spending well over 11,000
hours over the course of five years, and it's still ongoing. We
regret that the Dave sisters have a grievance with the process as
we near the end, and we are hopeful that we will be able to
resolve it swiftly."

The Daves signed the Crowell retainer agreement in 2005,
authorizing the firm to pursue a lawsuit against Libya. As part
of that agreement, every signatory was required also to sign a
joint prosecution agreement. The agreement stated that any
recovery would be shared on a sliding scale based on the type of
injury and without regard to nationality, according to the
complaint. A Pan Am Liaison Group was established, consisting of
one American and four non-Americans, to deal with litigation
counsel, and it was represented by New York's Latham & Watkins.
The agreement also provided for a 25 percent contingency fee to
Crowell.  Crowell did file a lawsuit, but it did not result in a
judgment and was dismissed after the treaty settlement.

Ms. Boyd alleges in the complaint that the retainer and joint
prosecution agreements were the result of the firm's and the
Liaison Group's "unlawful professional conduct, nondisclosures,
fraudulent omissions, and manipulation of Plaintiffs whom they
solicited as clients."

For example, she contends the firm and the liaison group did not
disclose that the vast majority of the hijack victims were non-
U.S. nationals; that nationality would play a pivotal role in a
hijack victim's chance of recovery against Libya, or that the
chances of a non-U.S. national recovering from a U.S.-negotiated
settlement were virtually nil.

"There's no mention of the words treaty, diplomacy, or negotiated
settlement in these agreements," said Ms. Boyd. "My clients were
not told that was a possibility.  At that time in history, it was
likely these claims would be settled by negotiated diplomacy
between the sovereigns, not by the courts, and these lawyers, who
are very sophisticated in this area of law, well knew that. They
did not notify my clients of the serious conflicts of interests
they would have with the non-national clients. That was a serious
breach of ethics and invalidates any agreement."

Gargi Dave has received $3 million from the Foreign Claims
Settlement Commission and may be entitled to an additional $3
million, said Ms. Boyd. Her sister's claim is still being
reviewed but she is entitled to a minimum of $500,000 and may
receive an additional injury award of up to $6 million.

Ms. Boyd said she believes about $30 million in treaty awards to
American hijack clients have been turned over to the Crowell
trust fund, which is being managed by Latham. She also alleges in
the complaint that the law firms have pressured American
plaintiffs to turn over their awards or face litigation. Latham
is not a named defendant in the lawsuit. Ms. Boyd said she hopes
to determine that firm's full role in discovery. Latham declined
to comment.

"It's important to get the rights and obligations here judicially
determined so people know where they stand," said Ms. Boyd, an
international human rights litigator.  "It's hubris that Crowell
didn't seek a judicial determination before taking this money and
sharing it with non-nationals knowing that the executive order
said non-nationals are not covered."

PPP INC: Papa John's Pizza Sued in N.D. Ill. Over Telemarketing
Jennifer Fernicola at Chicago Now reports that a class action
complaint has been filed against a telephone advertising company
and Papa John's Pizza for making prerecorded advertising calls to
cell phones.

The complaint states that Fidelity Communications and Papa Johns
violated the Telephone Consumer Protection Act when it called
plaintiff and others on their cell phones using an automated
telephone dialing system and/or prerecorded or automatic voice

According to the complaint, on July 28, 2009, the plaintiff
received a voice message that began "[Unintelligible] at Papa
John's calling.  As one of our valued customers, I would like to
offer you our VIP special."

The defendants have a telephone system where the system dials
telephone numbers without human intervention, the complaint

The plaintiff wants, among other things, to prohibit the
defendants from continuing to do this and $1,500 per willful

A copy of the Complaint in Martin v. PPP, Inc., and Fidelity
Communications Corporation, Case No. 10-cv-00140 (N.D. Ill.), is
available at http://is.gd/6cG6o

The Plaintiff is represented by:

          Alexander H. Burke, Esq.
          155 N. Michigan Ave., Suite 9020
          Chicago, IL 60601
          Telephone: 312-729-5288

QUAIL INTERNATIONAL: Ga. Court Says Discovery Must End by Mar. 8
Daniel v. Quail International, Inc., Case No. 07-CV-00053 (M.D.
Georgia) (Land, J.), is a conditionally certified collective
action under the Fair Labor Standards Act.  Before class action
notices were sent to potential class members, there were two
named Plaintiffs and one opt-in Plaintiff. Class action notices
were sent to potential class members on September 17, 2009. Based
on the Court's count, during the opt-in period, 36 individuals
consented to join this action, so the total number of Plaintiffs
in this action is 39. The opt-in period ended on November 16,
2009, and Defendant informed Plaintiffs on that date that it
intended to seek individualized discovery from all of the opt-in
Plaintiffs who had not yet been deposed.  Plaintiffs oppose that
plan and on November 18, 2009 filed the presently pending Motion
for Representative Discovery (Doc. 50), asking that the Court
limit individualized discovery to six Plaintiffs.  As discussed
below, Judge Lund denied that motion, explaining that:

Plaintiffs argue that it would be unmanageable and unreasonable
to permit discovery from all of the Plaintiffs. Plaintiffs
correctly assert that representative discovery, or "sampling," is
a permissible procedure for determining damages in a collective
action if the class is very large. See, e.g., Long v. Trans World
Airlines, Inc., 761 F. Supp. 1320, 1323 (N.D. Ill. 1991)
(permitting sampling in class action brought by more than 3000
employees); see also Smith v. Lowe's Home Ctrs., 236 F.R.D. 354,
358 (S.D. Ohio 2006) (approving representative discovery in case
involving more than 1500 opt-in plaintiffs). However, in an FLSA
collective action where the plaintiff class is small and the
discovery is related to the question of whether the individual
plaintiffs are similarly situated within the meaning of the FLSA,
individualized discovery is often permitted. E.g., Ingersoll v.
Royal & Sunalliance USA, Inc., No. C05-1774-MAT, 2006 WL 2091097,
at *2 (W.D. Wash. July 25, 2006) (approving individualized
discovery of 34 opt-in plaintiffs relevant to defendant's
anticipated motion to decertify); see Renfro v. Spartan Computer
Servs., Inc., Civil Action No. 06-2284-KHV, 2008 WL 821950, at *
(Mar. 26, 2008) (ruling that defendants could depose 27 FLSA opt-
in plaintiffs); see also Krueger v. N.Y. Tel. Co., 163 F.R.D.
446, 451 (permitting individualized discovery on damages as to
all 162 class members);Coldiron v. Pizza Hut, Inc., No. CV03-
05865TJHMCX, 2004 WL 2601180, at *2 (C.D. Cal. Oct. 25, 2004)
(granting motion to compel individualized discovery of 306 opt-in

Plaintiffs ask the Court to limit individualized discovery in
this action to approximately 15% of the class. However, they
point to nothing in the record to demonstrate that this number is
statistically significant. More importantly, Plaintiffs have not
shown that individualized discovery of the Plaintiff class would
raise sufficient efficiency concerns to justify representative
discovery. The class is small-only 39 members. The Plaintiffs
were all on notice that if they chose to opt in to this action
they "may be required to participate in depositions, provide
written responses, and/or testify in Court in support of [their]
claims." (Notice of Class Action, Aug. 26, 2009.) Defendant
intends to file a motion to decertify the class, and it seeks
discovery on the question whether the opt-in Plaintiffs are
similarly situated. For all of these reasons, the Court concludes
that individualized discovery of the Plaintiff class members is
permissible in this action. Plaintiffs' Motion for Representative
Discovery (Doc. 50) is therefore denied.

Discovery in this case is set to close on January 15, 2010.
Because neither party sought expedited consideration of
Plaintiffs' motion for representative discovery, discovery was
stalled while the briefing on Plaintiffs' motion swallowed most
of the 60-day discovery period. Therefore, Defendant seeks an
extension of the discovery period. The extension is granted, but
no further extensions will be permitted. Discovery shall expire
on March 8, 2010. Defendant's motion to decertify the conditional
collective action shall be filed on or before April 7, 2010.
Plaintiffs' response brief shall be filed on or before April 27,
2010, and Defendant's reply brief shall be filed on or before May
7, 2010.  The Court emphasizes that no further extensions will be
granted. If either party files a motion that may impact the
discovery deadline, the party must seek expedited consideration
of that motion, and the parties shall continue with discovery to
the maximum extent possible while the motion is pending.

ROCKLER COMPANIES: Recalls 2,200 LED Light Kits
The U.S. Consumer Product Safety Commission, in cooperation with
Rockler Companies Inc., of Medina, Minn., announced a voluntary
recall of about 2,200 LED light kits.  Consumers should stop
using recalled products immediately unless otherwise instructed.

Defective wiring in the light kits can cause the battery pack to
overheat and explode, posing a risk of burn and fire hazards to

No incidents or injuries have been reported.  

This recall involves Rockler LED lights with either an
interchangeable spotlight head or a magnifying head. Models
included in the recall have stock numbers 26429 (spotlight or
27017 (magnifying). Stock numbers are printed on the light's
packaging.  Pictures of the recalled product are available at

The recalled LED light kits were manufactured in China and sold
at Rockler Woodworking and Hardware and other specialty stores
nationwide from March 2009 through October 2009 for about $60.

Consumers should immediately stop using the recalled LED light
kits and call Rockler Companies to receive a free repair kit and
installation instructions.  For additional information, contact
Rockler Companies at (800) 260-9663 anytime.  Consumers can also
write to Rockler Woodworking and Hardware at 4365 Willow Drive,
Medina, MN 55340.

ROYAL BANK: Hit By C$2.9 Million Korean Class Action Lawsuit
Caroline Van Hasselt, writing for Dow Jones Newswires, reports
from Toronto that Royal Bank of Canada says it has not yet
received any formal notification of a C$2.9 million Korean class-
action lawsuit related to investor losses incurred in equity-
linked derivative products, a bank spokeswoman said.

The lawsuit was filed last week in the Seoul Central District
Court on behalf of two investors, according to Asia Pulse, citing
the claimants' lawyer:

          Seung Chul Rha, Esq.
          Hannuri Law Office
          Telephone: 02-537-9500          
          E-mail: rsc413@hannurilaw.co.kr

The investors are seeking 3.2 billion won (C$2.9 million) in
compensation after losing 25.4% of their investment in equity-
linked securities sold by local brokerage Hanwha Securities Co.,
and issued and managed by the Toronto-based bank.

The complaint was based on the allegation the lender's sell-off
of stock led to massive losses on the investment product that
would have otherwise earned profits, the media report said.

"We have conducted a full review," said Beverley Weber, a Royal
Bank of Canada spokeswoman. "We are absolutely confident that we
acted in accordance with all the applicable laws and practices."

The product, called Smart ELS 10, was linked to shares of Korean
conglomerate SK Holdings Co. and structured to yield a 22%
return, if upon maturity one year later, SK shares closed at 75%
of the original price, or higher, on the day the product was
issued. Local brokers sold the product to 438 investors in 2008.
When it matured in April 2009, the product returned to investors
a loss of 25.4%.

"It's a common product, and we work with local brokers to sell
products to retail clients," says Ms. Weber. "These are high risk
products. High risk, high gain."

Korea's Financial Supervisory Service found RBC guilty after
investigating allegations the lender's massive selling of SK
shares on the maturity date affected the stock price, according
to Asia Pulse. The Korea Exchange in May was examining some 700
ELS products that had recently matured.

RBC does not have a physical presence in Korea.

The Hannuri Law Office did not respond to an e-mail message from
Dow Jones.  The Financial Supervisory Service could not be
immediately reached for comment.

The case is the first class-action suit brought against a foreign
financial institution, reported Asia Pulse.

SEATTLE BIKE: Recalls 350 2010 Redline Conquest Pro Bicycles
The U.S. Consumer Product Safety Commission, in cooperation with
Seattle Bike Supply, of Kent, Wash., announced a voluntary recall
of about 350 2010 Redline Conquest Pro Bicycles and Framesets.  
Consumers should stop using recalled products immediately unless
otherwise instructed.

The bicycle's fork legs can separate from the fork crown and
cause the rider to lose control, posing a risk of serious injury
if the rider falls.

The firm is aware of three reports of forks separating with minor
injuries reported in one of the incidents.

This recall involves all 2010 Redline Conquest Pro Cyclocross
bicycles and framesets. The bicycles and framesets were sold in
pearl white/blue and have aluminum frames with carbon fiber forks
and aluminum steerer tubes.  Pictures of the recalled product are
available at:


The recalled bicycles were manufactured in Taiwan and sold at
bicycle specialty stores nationwide between August 2009 and
November 2009 for about $1,900 for the bicycle and about $550 for
the frameset.

Consumers should immediately stop using the recalled bicycles and
framesets and contact their local Redline bicycle dealer to
receive a free inspection and fork replacement.  For additional
information contact Redline Bicycles at (800) 283-2453 or visit
the firm's Web site at http://www.Redlinebicycles.com/

STERLING FINANCIAL: Employees File Class-Action Lawsuit
Hagens Berman Sobol and Shapiro on Jan. 11 filed a class-action
lawsuit on behalf of employees of one of Washington's largest
commercial banks, Spokane-based Sterling Savings Bank, in US
District Court claiming that the bank and its holding company,
Sterling Financial Corporation, failed to protect employees'
investment in company stock through the company's 401(k) Plan.

The lawsuit, filed by HBSS, a Seattle-based class-action law firm
experienced in ERISA and securities litigation, and Pennsylvania-
based Brodsky and Smith, LLC, notes that Sterling's stock price
has imploded as the result of ill-advised commercial real estate,
construction and land loans, improper accounting and inadequate

Sterling and other defendants failed to properly manage pension
funds by maintaining a large investment in Company Stock long
after the stock became an imprudent investment -- a violation of
the federal Employment Retirement Income Security Act (ERISA),
the complaint states.

"No qualified financial advisor would encourage rank-and-file
employees to invest more than a modest amount of retirement
savings in company stock, but actually advise against it," said
HBSS managing partner Steve Berman. "Employees often interpret a
match in company stock as an endorsement of the company and its
stock.  In this case, Sterling matched the stock employees
invested in the pension plan with worthless Company Stock,
further putting the pension fund at risk."

Attorneys representing Oregon plaintiff Corey Deter estimate over
2,500 employees in Washington, Oregon, Idaho, Montana and
California are affected by the actions listed in the complaint.

Berman said the bank failed to disclose the company's massive
financial problems caused by inadequately secured loans in
commercial real estate, construction and land loans, and masked
by allegedly improper accounting. The lawsuit charges that the
company deliberately misled employees and shareholders on the
value of the stock and failed to secure adequate reserves against
its credit portfolio.  Employees in the class include those who
owned stock in the Sterling 401(k) from July 23, 2008, to the

The plan heavily invested in Sterling stock despite a clear
decline in performance.  As of Dec. 31, 2007, the plan held
approximately $16 million in Sterling common stock.  A year
later, Dec. 31, 2008, the plan held approximately $13 million in
Sterling common stock, representing in excess of 20 percent of
the assets of the pension plan.

In the wake of its diving stock performance, Sterling failed to
adequately and timely record losses for its impaired loans and
secure assets to safeguard against its defaulting credit
portfolio.  As a result, Sterling stock traded at artificially
inflated prices during the class period, reaching a high of
$14.72 per share on Oct. 1, 2008, the lawsuit states.  As of last
Friday, the beleaguered stock closed at 70 cents per share.

Sterling Bank is one of the largest commercial banks
headquartered in Washington.  It is one of the largest regional
community banks in the U.S. that offers mortgage lending,
construction financing and investment products to individuals,
small business and commercial organizations and corporations.  
Golf Savings Bank, a branch of Sterling, focuses on the sale of
single-family residential mortgage loans.

The lawsuit charges that Sterling deliberately misled employees
and investors and mismanaged its pension plan on a number of
fronts, noting specifically that Sterling:

-- Failed to account for and disclose Sterling's commercial real
    estate, construction and land development loans and failed to
    reflect impairment in the loans;

-- Failed to adequately reserve for loan losses, such that Tier
    1 capital was presented in violation of banking regulations
    and Generally Accepted Accounting Principles (GAAP).  As a
    result, Sterling would be forced to consent to a cease and
    desist order from the Federal Deposit Insurance Corporation
    (FDIC) directing it to raise $300 million in capital;

-- Failed to adequately account for its goodwill or its deferred
    tax assets such that its financial statements were presented
    in violation of GAAP.

Prospective class members who want to learn more about legal
requirements and membership in the class should contact Nick
Styant-Browne at 1-206-268-9373 or STSA@hbsslaw.com.

               About Hagens Berman Sobol Shapiro

Hagens Berman Sobol Shapiro (HBSS) is a law firm with offices in
Seattle, Chicago, Cambridge, Los Angeles, Phoenix and San
Francisco.  Named to the 2006 and 2009 Plaintiffs' Hot List by
National Law Journal, HBSS has developed a nationally recognized
practice in class-action litigation.  The firm has co-lead
counsel in litigation to recover losses from Enron employees'
retirement funds and represented Washington and 12 other states
in lawsuits against the tobacco industry that resulted in the
largest settlement in the history of litigation.  The firm also
served as counsel in several other high-profile cases, including
the Washington Public Power Supply litigation, which resulted in
settlements of nearly $1 billion.  The firm also served as co-
lead counsel in a VISA/Mastercard litigation, which resulted in
excess of a $3 billion settlement.

              About Sterling Financial Corporation

Sterling Financial Corporation of Spokane, Wash., --
http://www.sterlingfinancialcorporation-spokane.com/-- is the
bank holding company for Sterling Savings Bank, a commercial
bank, and Golf Savings Bank, a savings bank focused on single-
family mortgage originations.  Both banks are state chartered and
federally insured.  Sterling offers banking products and
services, mortgage lending, construction financing and investment
products to individuals, small businesses, commercial
organizations and corporations.  As of Sept. 30, 2009, Sterling
Financial Corporation had assets of $11.87 billion and operated
178 depository branches throughout Washington, Oregon, Idaho,
Montana and California.

THE STATION: $176 Million Settlement in R.I. Nightclub Fire Case
Eric Tucker at The Associated Press reports that a federal judge
overseeing lawsuits stemming from a Rhode Island nightclub fire
that killed 100 people endorsed a $176 million settlement
Thursday, bringing survivors and victims' relatives closer to
receiving money and moving years of legal wrangling toward a
final resolution.

U.S. District Judge Ronald Lagueux also authorized the creation
of a trust fund to hold the settlement money for the more than
300 people affected by the 2003 fire at The Station nightclub.

"I think this is a red-letter day for The Station fire case,"
Judge Lagueux said.

Survivors who were most severely injured stand to receive the
most money, with multimillion-dollar shares in some cases. The
dozens of children whose parents were killed or injured will also
be compensated.

There was no date discussed for when victims might start to
receive their money.

The Feb. 20, 2003, fire at the club in West Warwick began when a
pyrotechnics display used at the start of a concert by the 1980s
rock band Great White set ablaze soundproofing foam around the
stage. Besides the fatalities, the blaze caused a panicked rush
toward the front exit and more than 200 people were injured.

The dozens of people and companies sued after the fire --
including foam manufacturers, the club's owners, Anheuser-Busch,
Clear Channel Broadcasting and the town of West Warwick -- agreed
to settle for a combined $176 million rather than risk going to

Separate criminal charges from the fire were resolved in 2006.
Club owners Jeffrey and Michael Derderian pleaded no contest to
100 counts of involuntary manslaughter and former Great White
tour manager Daniel Biechele pleaded guilty to the same charges.
Messrs. Derderian and Biechele were sent to prison.  Both have
since been released.

"We'd like it to be over because it's just a constant reminder of
everything that's happened," said Claire Bruyere, whose daughter,
Bonnie Hamelin, died in the blaze.

The Class Action Reporter's latest report about the lawsuits
filed in the U.S. District Court for the District of Rhode Island
appeared on Jan. 25, 2005.  

TYSON FOODS: Settles Consumer Class Action for $5 Million
Brendan Kearney, a Legal Affairs writer for the Daily Record,
reports that meat processing giant Tyson Foods Inc. has settled a
consumer class action brought over its controversial chicken
"Raised Without Antibiotics" advertising campaign.

Under the agreement filed Tuesday night in U.S. District Court in
Baltimore, individual consumers will receive as much as $50 each.
The cost to Tyson is $5 million, with $600,000 set aside to cover
administrative costs.

"Therefore, approximately $4.4 million will be made available for
distribution to class members - without the class having to incur
the considerable delay and risk of seeking relief through
continued litigation and trial, as well as any subsequent
appeals," the plaintiffs' attorneys, led by James P. Ulwick of
Kramon & Graham P.A. in Baltimore, wrote in their motion for
preliminary approval of the settlement.

The $4.4 million includes up to $20,000 in incentive awards to
the four named plaintiffs and four more class members who were
deposed in the case last year.    Attorneys for the class also
are expected to share a payment of up to $3 million, which is
separate from the class members' recovery.

Judge Richard D. Bennett will conduct a preliminary fairness
hearing on Friday morning. A spokesman for Tyson said the company
hopes the judge will approve the settlement.

"Our Raised Without Antibiotics chicken initiative, which we
started in 2007, was suspended in 2008 due to labeling
challenges," the spokesman, Gary Mickelson, said in an e-mailed
statement this morning.  "While we believe our company acted
appropriately, we also believe it makes sense for us to resolve
this legal matter and move on."

Lead attorneys for the class could not immediately be reached
this morning.

Tyson's chickens are given feed laced with ionophores, which the
U.S. Department of Agriculture classifies as antibiotics.
Ionophores fight a widespread intestinal disease in poultry but,
according to Tyson, do not affect human resistance to

Class members, estimated to be at least in the tens of thousands,
are people who bought Tyson chicken - fresh or frozen, whole or
breaded pieces, Cornish hens or deli - between specified dates in
2007 and 2009.

If the total dollar amount of valid claims, costs and incentive
awards is less than $5 million, Tyson must contribute products to
food banks to make up the difference. (In May, Tyson agreed to
donate 1.7 million pounds of chicken to food banks in Illinois to
settle a long-running lawsuit there over allegations that Tyson
had artificially inflated the weight of its birds through cold-
water immersion.)

To get the word out, the parties have proposed to notify the
class by ads in Parade and People magazines and on Weather.com,
CNN.com, and Parenting.com, as well as more than 400 local news
and entertainment Web sites nationwide.

Springdale, Ark.-based Tyson, a Fortune 500 company, claims on
its Web site to be the world's biggest processor and marketer of
chicken, beef and pork.

                     Competitors Sued First

The collection of consumer suits were spurred by a successful
false advertising suit brought by two of Tyson's competitors,
including Perdue Farms of Salisbury, in January 2008. They were
consolidated before Judge Bennett in October 2008.

Perdue and Mississippi-based Sanderson Farms accused Tyson of
unfair competition for making a false "implied superiority
claim." Perdue and Sanderson, like Tyson, use ionophores in their
chicken feed.

Tyson's ads, which appeared everywhere from billboards to store
shelves beginning in June 2007, caused consumers to favor its
poultry, the companies alleged. A Sanderson marketing manager
estimated a loss of $4 million, while Perdue said it lost $10
million in contracts with retail chains across the country.

In April 2008, Bennett ordered Tyson to remove the claims from
its advertising while the suit was pending.

By June 2008, Tyson had settled that dispute - only to be hit by
the consumer claims in several states.

                           Three Tiers

The eight consumer suits, mostly in Arkansas and Maryland, also
were consolidated before Bennett.

"Consumers reacted and relied on this campaign in buying
chicken," paying a premium for an antibiotic-free product, the
one of the class actions claimed.

The wave of suits accused Tyson of consumer fraud, breach of
express warranty and unjust enrichment and sought money back for
consumers who bought the "raised without antibiotics" chickens.

After voluminous document exchange - 450,000 pages of internal
Tyson documents as well as USDA documents - and 15 depositions
through last summer and fall, the parties announced they had
reached a settlement in a letter to the judge dated Dec. 8.

"A settlement in principle was reached only after approximately
four months of give-and-take, during which the parties had to
iron out differences over virtually every material issue," the
motion for preliminary approval says.

The class members are divided into three tiers. Tier 1 consists
of those who have receipts, and they will receive up to $50 cash
based on valid proofs of purchase of the covered Tyson products.

Tier 2 consists of people who don't have documentation but who
will claim, under the penalty of perjury, that they bought
covered Tyson products. They will receive up to $10 cash per

Tier 3 class members must testify that they bought a Tyson
"Raised Without Antibiotics" chicken at least once. They will
receive a $5 Tyson coupon.

VERMONT: 33 State Employees Sue for Overtime Pay
The Associated Press reports that 33 Vermont government employees
are suing the state for not paying them overtime they think
they're owed.

The employees earn $20 to $31 an hour and are in the judiciary,
supervisory, non-management and corrections bargaining units of
the Vermont State Employees Association.

They claim they are owed time and half instead of straight

The workers hope the court will make it a class-action lawsuit,
possibly allowing several hundred more employees to join in.

The suit doesn't ask for specific damages but says federal law
would require the state to pay double damages and attorneys'

Vermont's human resources commissioner declined to comment,
saying she hadn't seen the lawsuit, yet.

WCAX.com reports that the class action lawsuit was filed in
Washington County.  

VISION AIRLINES: Flight Crew Member Class Certified in Nev. Suit
Steve Green at the Las Vegas Sun reports that class-action status
has been granted in a lawsuit claiming crew members of a North
Las Vegas charter airline didn't receive extra hazard pay for
flying dangerous missions into Iraq and Afghanistan.

U.S. District Judge Roger Hunt last week approved the notice of
the class-action in Hester v. Vision Airlines, Inc., Case No.
09-cv-00117 (D. Nev.).  That notice will be published and to be
sent to Vision Airlines Inc. employees who were crew members on
flights to or from Iraq or Afghanistan from May 1, 2005, to the

The notice summarizes the allegations in the case, notes Vision
has denied the allegations and says affected current and former
employees need to do nothing, unless they want to opt out of the

Class-action certification represents a victory for former Vision
pilot Gerald Hester and other plaintiffs, who allege Vision as a
U.S. government contractor collected $21 million in hazard pay on
behalf of at least 300 employees who operated the "Air Bridge
Program" into war zones -- but didn't turn over all of the funds
to the employees and kept some of the extra money for itself.

The suit asserted the hazard pay due to charter crews flying to
and from Iraq is $2,500 for each captain, first officer and
international relief officer for each take-off and landing. Other
crew members such as flight attendants and mechanics are to
receive $1,500 each for each take-off and landing, the lawsuit

The Air Bridge is a system in which military and civilian
government personnel and contractors are flown in and out of the
war zones.

Vision had fought class-action certification, arguing crew
members worked under different contracts depending on their job
classification as pilots, flight attendants, mechanics, ground
crew and administrative personnel.

Vision said some of these workers didn't qualify for hazard pay.

But Hunt found that Mr. Hester's attorneys showed the plaintiffs
are pursing common questions of law or facts.

The judge also ruled attorneys for Mr. Hester satisfied the
class-action requirements by showing at least 100 people served
as crew members on the flights, the crew members live in 23
states and that it would be impractical to have that many people
in so many locations serve as individual plaintiffs in lawsuits.

"The interests of judicial economy strongly favor certifying this
action because it would be both inefficient and expensive to
litigate multiple cases involving the same set of facts in many
different jurisdictions," Judge Hunt wrote in his ruling.

The parties in the case are now proceeding with fact-finding
discovery and the lawsuit is likely to continue for some time.
Vision may have opportunities to seek dismissal of the case on
motions for summary judgment with no trial; or the case could
proceed toward a trial or settlement.

Vision, in the meantime, is pursuing in federal court a
counterclaim against Mr. Hester.

The counterclaim alleges he violated his employment and
confidentiality agreements by contacting air bridge companies
Vision contracts with -- Capital Aviation Inc., Computer Sciences
Corp. and McNeil Technologies Inc. -- and disclosing Vision trade
secrets in an attempt to convince those firms to enter into new
contracts with Mr. Hester or others associated with Mr. Hester
and to terminate their deals with Vision.

Vision also claims Mr. Hester violated his nondisclosure
agreement by revealing that "to reduce the likelihood of rocket
and missile attacks, aircraft arriving and departing Baghdad
International Airport must observe blackout procedures which
require all exterior and interior aircraft lighting (except for
cockpit instruments) to be turned off."

Vision says Mr. Hester also violated the agreement by revealing
"aircraft arriving and departing Baghdad must utilize a dangerous
corkscrew procedure, which requires the airplane to fly in a
spiral directly above the airport in order to stay within the
areas most heavily fortified by the United States military."

Those details were alleged in the January 2009 lawsuit filed on
behalf of Mr. Hester, of Colleyville, Texas.

Attorneys for Mr. Hester have denied he violated his employment
and confidentiality agreements, arguing details about the air
bridge program, blackout flying conditions and spiral-type
landings are public record, having been reported in publications
including Army Times.

And Mr. Hester's attorneys noted in court papers that then-Sen.
Hillary Clinton told Fox News in January 2007: "when you fly into
a war zone like Baghdad, and I've done it numerous times now,
there and elsewhere, you know, the C-130 does a kind of corkscrew

Another lawsuit filed by Vision alleging conspiracy and
racketeering is pending in Clark County District Court against
former employees including former pilot Juan Salicrup Mayoral,
former flight attendant Ronald Borz, former accounting assistant
Gwen Carson and former pilot Daniel Carson.

Also sued were Mayoral's wife, Heleni Salicrup, and two companies
Vision alleged the two control: Salko Enterprises Inc. and Salko

Vision charged the defendants have tried to undermine its
business, misappropriated trade secrets and violated non-compete
and non-disclosure agreements.

The defendants are accused of releasing confidential information
and trade secrets to attempt to convince Vision customers and
companies it does business with to enter into new contracts with
the defendants and terminate their contracts with Vision.

The defendants in that suit have denied the allegations and are
seeking its dismissal.

Mr. Hester and similarly situated Plaintiffs are represented by:

          Brett von Borke, Esq.
          David M. Buckner, Esq.
          2525 Ponce de Leon Blvd.
          Coral Gables, FL 33134
          Telephone: 305-372-1800      

               - and -  

          Ross C. Goodman, Esq.
          520 S. Fourth Street, 2nd Floor
          Las Vegas, NV 89101
          Telephone: 702-384-5563

Vision Airlines, Inc., is represented by:

          Edward C. Konieczny, Esq.
          Erin Payne, Esq.
          1230 Peachtree Street, NE
          Atlanta, GA 30309
          Telephone: 404-815-3657

               - and -

          Harold P Gewerter, Esq.
          2705 Airport Drive
          North Las Vegas, NV 89032
          Telephone: 702-382-1714

                       Asbestos Litigation

ASBESTOS ALERT: Ford Lewis, Skalak Fined $2,917 for DEQ Breaches
The Oregon Department of Environmental Quality has penalized the
Ford Lewis Franklin Trust & Skalak W.H. Profit Sharing Plan,
owner of a commercial facility in Lincoln City, Ore., about
US$2,917 for allowing unlicensed persons to perform an asbestos
project at the facility in May 2009, according to a DEQ press
release dated Jan. 12, 2010.

According to DEQ, the Ford Lewis Franklin Trust allowed its
agent, William Skalak, to remove about 40 square feet of sheet
vinyl flooring during the renovation of the facility at 5056 SE
Highway 101 in Lincoln City. Mr. Skalak is not certified or
licensed by DEQ to perform asbestos abatement projects.

Removal of the asbestos-containing flooring crushed and
pulverized it, likely causing the release of asbestos fibers into
the atmosphere.

In its investigation of the project, DEQ noted that the asbestos
waste material was not properly packaged and labeled. Most of the
asbestos waste was placed in garbage bags and stored outside of
the facility for an unknown period of time, ultimately being
disposed of at Brown's Island Landfill.

DEQ did not issue a penalty for the open accumulation of
asbestos-containing waste material.

Ford Lewis Franklin Trust & Skalak W.H. Profit Skalak paid the
penalty in full in December 2009.

ASBESTOS UPDATE: No New Developments in Scott Suit Against Chase
Chase Corporation says that, as of November 2009, there have been
no new developments in an asbestos case filed on behalf of James
T. Scott, according to the Company's quarterly report filed with
the U.S. Securities and Exchange Commission on Jan. 11, 2010.

The Scott lawsuit has been inactive with respect to the Company.

The Company is one of over 100 defendants in the personal injury
lawsuit, pending in Ohio, which alleges personal injury from
exposure to asbestos contained in certain Chase products. The
case is captioned Marie Lou Scott, Executrix of the Estate of
James T. Scott v. A-Best Products, et al., No. 312901 in the
Court of Common Pleas for Cuyahoga County, Ohio.

The plaintiff in the case issued discovery requests to the
Company in August 2005, to which the Company timely responded in
September 2005.

The trial had initially been scheduled to begin on April 30,
2007. However, that date had been postponed and no new trial date
has been set.

Headquartered in Bridgewater, Mass., Chase Corporation makes
tapes and protective coatings used by the electronic, public
utility, and oil industries. The Company also provides
electronics manufacturing services (EMS) for printed circuit
boards and other products.

ASBESTOS UPDATE: Discovery Ongoing in Jansen Case v. Chase Corp.
Chase Corporation says that parties in the asbestos case styled
Lois Jansen, Individually and as Special Administrator of the
Estate of Thomas Jansen v. Beazer East, Inc., et al. (No: 09-CV-
6248) are currently engaged in discovery.

The Company was named as one of the defendants in the lawsuit
filed on June 25, 2009 in the Milwaukee County (Wisconsin)
Circuit Court.

The plaintiff alleges that her husband suffered and died from
malignant mesothelioma resulting from exposure to asbestos in his
workplace. The plaintiff has sued seven alleged manufacturers or
distributors of asbestos-containing products, including Royston
Laboratories (formerly an independent company and now a division
of the Company).

The Company has filed an answer to the claim denying the material
allegations in the complaint.

Headquartered in Bridgewater, Mass., Chase Corporation makes
tapes and protective coatings used by the electronic, public
utility, and oil industries. The Company also provides
electronics manufacturing services (EMS) for printed circuit
boards and other products.

ASBESTOS UPDATE: 28 New Cases Filed in Madison Co. on Dec. 14-18
During the week of Dec. 14, 2009 through Dec. 18, 2009, a total
of 28 new asbestos-related lawsuits were filed in Madison County
Circuit Court, Ill., The Madison St. Clair Record reports.

These cases are:

-- (Case No. 09-L-1370) Theresa Mann Adams of Georgia claims her
   deceased father, Samuel Mann, developed mesothelioma after
   his work as a mechanic in the U.S. Army, as a mechanic at
   Crown Cork and Seal, as a construction worker and as a
   welder, mechanic and shop foreman for Norfolk Southern
   Railroad. Randy L. Gori, Esq., of Gori, Julian and Associates
   in Alton, Ill., will represent Mrs. Adams.

-- (Case No. 09-L-1383) Daniel G. Baldridge Jr. of Arkansas, a
   contractor, claims lung cancer. Robert Phillips, Esq., Perry
   J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mr. Baldridge.

-- (Case No. 09-L-1378) Joseph Bowden of Tennessee, a laborer
   and deck hand, claims lung cancer. Robert Phillips, Esq.,
   Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mr. Bowden.

-- (Case No. 09-L-1357) Patrick A. and Connie S. Brewer of
   Nebraska claim Mr. Brewer developed mesothelioma after his
   work as a laborer at Wilson's Meat Packing Plant, as a
   laborer at John Henshaw Construction, as a railroad car
   repairman for Transco, as a machine operator and as a
   mechanic operator for National Friction. Randy L. Gori, Esq.,
   of Gori, Julian and Associates in Edwardsville, Ill., will
   represent the Brewers.

-- (Case No. 09-L-1382) Almary Bristow of Alabama, a laborer and
   inspector, claims lung cancer. Robert Phillips, Esq., Perry
   J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mr. Bristow.

-- (Case No. 09-L-1377) Rex A. Buchanon of Nebraska, a
   carpenter, laborer and machinist, claims lung cancer. Robert
   Phillips, Esq., Perry J. Browder, Esq., and Rosalind M.
   Robertson, Esq., of Simmons, Browder, Gianaris, Angelides and
   Barnerd in East Alton, Ill., will represent Mr. Buchanon.

-- (Case No. 09-L-1367) Althea Bussert of Arizona claims her
   deceased husband, James Bussert, developed mesothelioma after
   his work as a reliability engineer, teacher, instructor and
   clerk. Christopher R. Guinn, Esq., and John P. Wagner, Esq.,
   of Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mrs. Bussert.

-- (Case No. 09-L-1372) Wayne E. Cose Jr. of California, a
   machinist and auditor, claims lung cancer. Robert Phillips,
   Esq., Perry J. Browder, Esq., and Rosalind M. Robertson,
   Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in
   East Alton, Ill., will represent Mr. Cose.

-- (Case No. 09-L-1376) Melvin E. Craft of Indiana, a laborer
   and crane mechanic, claims lung cancer. Robert Phillips,
   Esq., Perry J. Browder, Esq., and Rosalind M. Robertson,
   Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in
   East Alton, Ill., will represent Mr. Craft.

-- (Case No. 09-L-1374) Melvin G. Edmonds Jr. of Kansas, a
   carpenter, claims lung cancer. Robert Phillips, Esq., Perry
   J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mr. Edmonds.

-- (Case No. 09-L-1381) Kenneth A. Fitzpatrick Sr. of Wisconsin,
   a boilermaker, claims lung cancer. Robert Phillips, Esq.,
   Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mr. Fitzpatrick.

-- (Case No. 09-L-1355) Donald and Sharon Floyd of Missouri
   claims Mr. Floyd developed lung cancer after his work as a
   welder at North County Technical High School, a welder at
   Schuckman Ornamental Iron, a pressure welder at Combustion
   Engineering, a fitter welder at Brook's Brothers Trailers, a
   welder at Custom Fabricating, a welder at Unidynamics, a
   welder at St. Louis Fabricating, a welder at Metal Form, a
   welder at Engineered Air Systems, a welder and line attendant
   at A.O. Smith and a member of the UAW. Randy L. Gori, Esq.,
   and Barry Julian, Esq., of Gori, Julian and Associates in
   Edwardsville, Ill., will represent the Floyds.

-- (Case No. 09-L-1375) Ance Hatfield of Wisconsin, a boiler
   room fireman, boiler tender and maintenance worker, claims
   lung cancer. Robert Phillips, Esq., Perry J. Browder, Esq.,
   and Rosalind M. Robertson, Esq., of Simmons, Browder,
   Gianaris, Angelides and Barnerd in East Alton, Ill., will
   represent Mr. Hatfield.

-- (Case No. 09-L-1362) Cheryl Holt of Kentucky, a waitress,
   clerk and customer representative, claims mesothelioma. Shane
   F. Hampton, Esq., and Paul M. Dix, Esq., of Simmons, Browder,
   Gianaris, Angelides and Barnerd in East Alton, Ill., will
   represent Ms. Holt.

-- (Case No. 09-L-1351) Hans Jensen Jr. of Louisiana claims his
   deceased father, Hans Jensen Sr., developed mesothelioma
   after his work as a mechanic, laborer, welder, pipefitter,
   carpenter and painter. Shane F. Hampton, Esq., and Paul M.
   Dix, Esq., of Simmons, Browder, Gianaris, Angelides and
   Barnerd in East Alton, Ill., will represent Mr. Jensen.

-- (Case No. 09-L-1366) Bobby Lee Jones of Indiana, a laborer,
   substitute teacher, house parent, division director and chief
   operating officer, claims pleural mesothelioma. G. Michael
   Stewart, Esq., and Jill Price, Esq., of Simmons, Browder,
   Gianaris, Angelides and Barnerd in East Alton, Ill., will
   represent Mr. Jones.

-- (Case No. 09-L-1358) Robert Kennedy of Ohio, a home
   remodeler, a fireman and locomotive engineer and a member of
   the U.S. Marines, claims mesothelioma. Randy L. Gori, Esq.,
   of Gori, Julian and Associates in Edwardsville, Ill., will
   represent Mr. Kennedy.

-- (Case No. 09-L-1361) Richard Libsack, Catherine Mattson and
   Yvonne Libsack claim their recently deceased father and
   husband, Ralph Libsack, developed mesothelioma after his work
   for the U.S. Marine Corp. and for the Bremerton Police
   Department. Allyson M. Romani, Esq., will represent the

-- (Case No. 09-L-1384) Patricia Mellinger of Pennsylvania, a
   laborer, maintenance worker and janitor, claims lung cancer.
   Robert Phillips, Esq., Perry J. Browder, Esq., and Rosalind
   M. Robertson, Esq., of Simmons, Browder, Gianaris, Angelides
   and Barnerd in East Alton, Ill., will represent Ms.

-- (Case No. 09-L-1380) Leo A. Plourde of Florida, a laborer and
   deck hand, claims lung cancer. Robert Phillips, Esq., Perry
   J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mr. Plourde.

-- (Case No. 09-L-1373) Kenneth W. Reed of Colorado, a
   pipefitter, claims lung cancer. Robert Phillps, Esq., Perry
   J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mr. Reed.

-- (Case No. 09-L-1354) Vannie Robertson of Indiana, a laborer,
   coal truck driver and operator, claims mesothelioma.
   Christopher R. Guinn, Esq., and Christopher J. Levy, Esq., of
   Simmons, Browder, Gianaris, Angelides and Barnerd in East
   Alton, Ill., will represent Mr. Robertson.

-- (Case No. 09-L-1352) Robert C. and Dorothy Gene Sherer of
   Alabama claim Mr. Sherer developed mesothelioma after his
   work as a janitor for Liberty National, as a sander and
   planer for Davis Cabinet Company and for Murphy Furniture, as
   a truck driver for Walker County Wholesale, as a machinist
   for American Cast Iron Pipe Co., in the maintenance shop at
   Drummond Company, for Quadra-Dyne, as a machinist for Jasper
   Electric Motors and as a welder for Drummond Company.
   Elizabeth V. Heller, Esq., and Robert Rowland, Esq., of
   Goldenberg, Heller, Antognoli and Rowland in Edwardsville,
   Ill., will represent the Sherers.

-- (Case No. 09-L-1379) Thomas E. Stephan of Illinois, a laborer
   and carpenter, claims lung cancer. Robert Phillips, Esq.,
   Perry J. Browder, Esq., and Rosalind M. Robertson, Esq., of
   East Alton, Ill., will represent Mr. Stephan.

-- (Case No. 09-L-1353) Larry R. Stotts of Missouri, a
   mechanic's assistant at Metcalf Auto Parts, a polisher for
   Carthage Marble, a crater for Leggett and Platt, a punch
   press operator at Atlas Chemical, a laborer for Snyder
   Brother's Construction and a utility serviceman for Joplin
   Water Company, claims mesothelioma. Elizabeth V. Heller,
   Esq., and Robert Rowland, Esq., of Goldenberg, Heller,
   Antognoli and Rowland in Edwardsville, Ill., will represent
   Mr. Stotts.

-- (Case No. 09-L-1368) Robert C. and Carol Swearingen of
   Florida claim Mr. Swearingen developed mesothelioma after his
   work as a laborer at a construction company, as a machinist
   mate, as a delivery man, as a carpenter for Willie's
   Construction, as an installer for Leo Applicators, as a
   commercial carpenter for McCullough Construction, as an
   installer for Mid-States Construction, as a salesman at Dutch
   Miller, as a salesman for Willies Construction, as a service
   man for Great Southern Contractors, as the owner and operator
   for Bob's Home Repair and as a superintendant at Michael
   Walker and Associates. Randy L. Gori, Esq., of Gori, Julian
   and Associates in Edwardsville, Ill., will represent the

-- (Case No. 09-L-1356) James K. and Janice Thompson of Texas
   claim Mr. Thompson developed mesothelioma after his work as a
   construction worker, as a cashier at McDonald's, as a
   salesman at Executive Shop, as a salesman at
   Patterson/Griffin Shoe, as a manager at Butler Shoes, as a
   laborer at Mazer Corp., as a laborer at Corl Corp., as a
   supervisor at Mastercraft Corp., as a plate maker at U.S.
   Press, as a salesman/warehouse worker at Centex Uniforms, as
   a worker at Texas Direct and as a store manager at Payless
   Shoe Store. Randy L. Gori, Esq., and Barry Julian, Esq., of
   Gori, Julian and Associates in Edwardsville, Ill., will
   represent the Thompsons.

-- (Case No. 09-L-1365) Gerald Whitbeck of Wisconsin, a worker
   in instrumentation maintenance, an electrician, a dope mixer,
   an oiler, a maintenance helper, an instrumentation repairman,
   a laborer and a gas attendant, claims mesothelioma. G.
   Michael Stewart, Esq., and Jill Price, Esq., of Simmons,
   Browder, Gianaris, Angelides and Barnerd in East Alton, Ill.,
   will represent Mr. Whitbeck.

ASBESTOS UPDATE: Corvallis Pair, Firm Penalized for DEQ Breaches
The Oregon Department of Environmental Quality has penalized two
Corvallis, Ore., residents a total of US$9,450 and a Corvallis-
based construction company US$8,400 for allowing unlicensed
persons to perform asbestos abatement work in Corvallis,
according to a DEQ press release dated Jan. 12, 2010.

The parties were associated with the June 2009 demolition of a
former residence and the five-unit former Motor Inn at the
intersection of SW Philomath Boulevard and SW 53rd Street in
Corvallis, Ore.

DEQ issued Scott Wayne Sanders and Amy Beth Sanders a penalty
totaling US$9,450, jointly and severally, for allowing unlicensed
persons to perform an asbestos abatement project, the demolition
of the residence and motel structures, which they owned.

In addition, DEQ fined Ricardo Reed Loza, doing business as
Metolius Construction Inc., US$8,400 for conducting an asbestos
abatement without being licensed. The Sanderses had hired
Metolius Construction to demolish the structures. Neither Mr.
Loza nor his employees were licensed to perform asbestos
abatement projects.

DEQ asbestos inspector Dottie Boyd said the buildings contained
friable asbestos-containing flooring materials, wall/ceiling
materials and thermal pipe system insulation. The demolition work
crushed and pulverized these materials, did not comply with
applicable asbestos regulations, and likely caused the release of
asbestos fibers into the atmosphere.

DEQ noted two additional asbestos violations pertaining to the
demolition work: openly accumulating asbestos-containing waste
material and failing to have an accredited inspector survey the
former Motor Inn and former residence prior to demolishing the
structures. DEQ did not assess penalties for these violations.

The Sanderses appealed their penalties while Mr. Loza did not
appeal by his December 2009 deadline and now must pay the full
penalty amount.

ASBESTOS UPDATE: 10 Actions Filed in Madison Co. From Dec. 21-25
During the week of Dec. 21, 2009 through Dec. 25, a total of 10
new asbestos-related lawsuits were filed in Madison County
Circuit Court, Ill., The Madison St. Clair Record reports.

These cases are:

-- (Case No. 09-L-1391) Phlegar Compton of New Jersey, an
   engineer, claims mesothelioma. Amy E. Garrett, Esq., and W.
   Brent Copple, Esq., of Simmons, Browder, Gianaris, Angelides
   and Barnerd in East Alton, Ill., will represent Mr. Compton.

-- (Case No. 09-L-1399) Kenneth Fehribach, a laborer, production
   worker, tooling engineer and injection mold operator, claims
   mesothelioma. Brian J. Cooke, Esq., of Simmons, Browder,
   Gianaris, Angelides and Barnerd in East Alton, Ill., will
   represent Mr. Fehribach.

-- (Case No. 09-L-1392) Pamela Gonzalez of California claims the
   deceased Leanne K. Shipman developed mesothelioma after her
   work for Montgomery Ward and Company, for Sears Holding
   Corporation, for Toyota Santa Ana, for Rosalie Ginther, for
   Power Lift Corporation, for Forty-three, for California
   Rubber Products, for OA Systems and for Monterey-Carmel
   Communications Corporation. Richard L. Saville Jr., Esq.,
   Ethan A. Flint, Esq., and Andrew J. Balcer, Esq., of Saville
   and Flint in Alton, Ill., will represent Ms. Gonzalez.

-- (Case No. 09-L-1395) Anton Greiner of Ohio, who worked on
   personal vehicles in Dayton, who worked in Kingston in a
   shipyard building an aluminum minesweeper, who worked as a
   pipefitter for Globe Verniki, who worked as a pipefitter and
   who worked as a pipefitter for General Motors. Randy L. Gori,
   Esq., of Gori, Julian and Associates in Edwardsville, Ill.,
   will represent Mr. Grenier.

-- (Case No. 09-L-1394) Dennis and Rachel Landis of Florida
   claim Mr. Landis developed mesothelioma after his work as a
   pipefitter at Martin Welder, as a laborer at Johns Manville,
   as a laborer at Scannell Boiler Works, as a laborer at
   Prelco, as a builder of fuel trucks at Tech-Weld and as a
   member of the Teamsters Local Union 49. Randy L. Gori, Esq.,
   and Barry Julian, Esq., of Gori, Julian and Associates in
   Edwardsville, Ill., will represent the Landises.

-- (Case No. 09-L-1389) Murriel O'Neill claims the deceased
   Naomi Winter developed mesothelioma after she was exposed to
   asbestos fibers through a family member, Walter A. Winter,
   who worked as a laborer. Robert Phillips, Esq., Perry J.
   Browder, Esq., and Rosalind M. Robertson, Esq., of Simmons,
   Browder, Gianaris, Angelides and Barnerd in East Alton, Ill.,
   will represent Ms. O'Neill.

-- (Case No. 09-L-1388) Michelle Rice of Texas claims her
   deceased father, Oren Monceaux, developed mesothelioma after
   his work as a laborer and home remodeler. Robert Phillips,
   Esq., Perry J. Browder, Esq., and Rosalind M. Robertson,
   Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in
   East Alton, Ill., will represent Mrs. Rice.

-- (Case No. 09-L-1387) Martha Royal of Missouri claims her
   deceased husband, Jerry Royal, developed lung cancer after
   his work as a machinist and home remodeler. Robert Phillips,
   Esq., Perry J. Browder, Esq., and Rosalind M. Robertson,
   Esq., of Simmons, Browder, Gianaris, Angelides and Barnerd in
   East Alton, Ill., will represent Mrs. Royal.

-- (Case No. 09-L-1393) John Ward of Nevada claims his deceased
   father, Robert Carroll Ward, developed mesothelioma after his
   work as a firefighter. Amy E. Garrett, Esq., and Sean M.
   Keane, Esq., of Simmons, Browder, Gianaris, Angelides and
   Barnerd in East Alton, Ill., will represent Mr. Ward.

-- (Case No. 09-L-1390) Keith West Sr. and Ruth West of Michigan
   claim Mr. West developed mesothelioma after his work as a
   stationary engineer, laborer, foreman and truck driver.
   Nicholas J. Angelides, Esq., of Simmons, Browder, Gianaris,
   Angelides and Barnerd in East Alton, Ill., will represent
   Mrs. West.

ASBESTOS UPDATE: Bridgford Shopfitter's Death Linked to Exposure
Nottinghamshire assistant deputy coroner Mairin Casey recorded a
verdict of industrial disease for 70-year-old Michael Lord, a
retired shopfitter from West Bridgford, England, the Evening Post

Mr. Lord had spent more than 20 years working as a shopfitter and
been exposed to asbestos, Nottingham Coroner's Court heard. He
died at the City Hospital on Oct. 29, 2009 after developing
pleural plaques in 2002.

Mr. Casey said, "It was likely that Mr. Lord was exposed to
asbestos through his working life."

ASBESTOS UPDATE: Residents Near Batehaven Not at Risk to Hazard
Fergus Thomson, the Mayor of the Eurobodalla Shire in New South
Wales, Australia, says locals near a demolition site at Batehaven
are not at risk of asbestos exposure, ABC News reports.

Property owner Rob McCauley says asbestos material is being
incorrectly removed from the site, and the safety of people
nearby is being compromised. He accused the Mayor of neglecting
his duty of care by relying solely on the WorkCover authority.

However, Councilor Thomson says WorkCcover is the appropriate
body to conduct inspections, and there is no cause for concern.

WorkCover says work on the site will be delayed for two weeks,
after local tourism operators said they lost bookings after the
alarm was raised.

ASBESTOS UPDATE: Asbestos Forces Closure of DMNA Armory in N.Y.
On Jan. 4, 2010, the New York State Division of Military and
Naval Affairs (DMNA) closed parts of the New York State Armory on
Manor Road in Staten Island, N.Y., following the discovery of
asbestos in some armory offices and work spaces, according to a
DMNA press release dated Jan. 12, 2012.

At this time, the armory drill shed, weapons storage and supply
rooms are not affected. Combined Support Maintenance Shop B also
located at the site is not affected and remains open for normal

Full time staff and drilling units assigned to the armory have
been shifted to other New York City armories to perform their
routine duties and training.

DMNA has coordinated with the New York State Office of General
Services to pursue emergency contract work to safely remove and
clean all pieces of equipment that remain in the armory so they
can be again used by the staff and Soldiers. In addition, efforts
are underway to obtain an asbestos abatement contract with a
licensed provider.

The goal is to have the armory ready to be reoccupied by Aug. 15,
2010. Soldiers and other military staff assigned to the armory
have completed Department of Defense medical evaluation forms,
which will be kept in their military medical files as a baseline
in case they develop any kind of medical condition which could be
related to asbestos exposure in the future.

The asbestos is a component of a fireproof coating that was
applied to the main ceiling in the armory's work spaces sometime
in the 1940s or 1950s. This material began to flake off and fall
onto drop ceilings during a window replacement and masonry repair
project that began in September 2009.

This project, part of the aggressive maintenance and restoration
effort at the historic building, involved replacing decaying
original windows with modern, energy-efficient replacements which
maintain the historic look of the building.

The agency identified the potential for asbestos contamination in
October 2009 and began conducting tests. Initial atmospheric
testing in the workplaces came up negative.

Follow on testing revealed the presence of some asbestos fibers
on surfaces in workspaces and at that point the decision was made
to close offices and, eventually, most of the building.

The armory was constructed in 1926 as headquarters for a National
Guard Cavalry Brigade. It is currently home to of the 145th
Maintenance Company and the 42nd Infantry Division's Tactical
Headquarters 2.

ASBESTOS UPDATE: Halton Borough OKs Plan to Build 123 New Homes
The Halton Borough Council in Cheshire, England, on Jan. 11,
2010, approved plans to build 123 new homes in Derby Road,
Widnes, which was the site of a former asbestos cement works, BBC
News reports.

Eternit, which owns the land along with the council, said in a
statement that it had been fully compliant with health, safety
and environmental law.

Residents opposed the plans, at the former Turners Asbestos
Cement works, fearing work could disturb asbestos. A council
spokesman said permission was granted "subject to a significant
number of stringent conditions."

A wide range of cement products containing asbestos were
manufactured at the site from 1916 until 1999. Campaigners assert
that disturbing the land would lead to dormant asbestos being
distributed into the surrounding air.

The council spokesman said developer Marley Eternit Ltd had been
required to produce a full, detailed site investigation and risk
assessment. It also had to develop a strategy to redevelop the
site safely, including how it will deal with asbestos.

ASBESTOS UPDATE: Kings County OKs New Asbestos Disposal Dumpsite
The Board of Supervisors in Kings County, Calif., affirmed the
expansion of a local toxic waste disposal site that has carried
thousands of tons of asbestos and other materials, in which the
site is located in Kettleman City, Calif., Mesothelioma reports.

At this point, the site is the only one in California that
accepts certain types of toxic waste, including highly dangerous
polychlorinated biphenyls (PCBs).

According to U.S. Environmental Protection Agency estimates, the
Kettleman City site takes in nearly two million pounds of
asbestos tailings every year and three million pounds of lead-
based compounds and more than one hundred thousand pounds of

In Kettleman City, the dumpsite has been cited as a leading cause
of birth defects in local children. With 20 births recorded among
area families in 14 months beginning in September 2007, five of
those 20 were born with cleft lips or cleft palates, a startling
25 percent birth defect rate, with three of those five dying
before their second birthdays.

According to data from the state's health offices, the standard
rate for the occurrence of cleft lip or cleft palate is less than
one in 800.

Another concern with the expansion of the dumpsite comes from the
additional asbestos that may be brought in from other areas.
Currently, the dump accepts waste from all parts of the state, as
well as neighboring states and northern Mexico.

With the growing use of asbestos-laced concrete in some parts of
Mexico as an inexpensive construction material, residents are
concerned that some of the asbestos waste will become airborne,
which could lead to a rise in the incidence of mesothelioma.

The owners of the dumpsite, Chemical Waste Management, Inc.,
proposed the expansion of the site to members of the Kings County
Board of Supervisors.

The company contributes as much as US$3 million every year in
taxes and other fees to the county and is the largest firm in the

Company officials also have promised to support a health study
into the high incidence of birth defects, cancer and other
ailments near the site, but do not agree with area residents that
exposure to the asbestos and other waste products are directly
responsible for the health issues.

ASBESTOS UPDATE: Renovation at Millom Co-op Site Uncovers Hazard
Specialist workers are tasked to remove potentially toxic
asbestos found in a Millom Co-op supermarket, which has been shut
since Jan. 2, 2010 while a GBP300,000 refit is ongoing, the
North-West Evening Mail reports.

A spokesman for the supermarket has reassured customers that the
discovery of asbestos will not affect the planned reopen date of
Jan. 28, 2010.

A Co-op spokesman said, "As part of the major GBP300,000 Millom
store refit, it is necessary to remove a quantity of asbestos
containing material from the premises by a specialist asbestos
removal contractor.

"Our priority has been and remains the safety of our customers
and staff and the removal is being carried out under strictly
controlled conditions."

The Co-op has branches in Askam, 17 miles away, Ulverston, 18
miles away, Dalton, 20 miles away and Barrow, 25 miles away.

ASBESTOS UPDATE: District Court Denies Gragg's Motion to Remand
The U.S. District Court, Southern District of Illinois, denied
Robert Gragg's Motion to Remand, in an asbestos action styled
Robert Gragg, Plaintiff v. Alfa Laval, Inc., as successor in
interest to DeLaval Separator Company, et al., Defendants.

District Judge G. Patrick Murphy entered judgment in Civil Action
No. 09-773-GPM on Nov. 20, 2009.

This matter was before the Court on the motion for remand of this
case to state court brought by Mr. Gragg. This case, in which Mr.
Gragg sought damages for personal injuries allegedly caused by
exposure to asbestos, was filed originally in the Circuit Court
of the Third Judicial Circuit, Madison County,
Ill. Foster Wheeler Energy Corporation had removed the case to
this Court.

To conclude, Mr. Gragg's motion to remand was denied. However, as
discussed, the Court's independent investigation of the existence
of federal subject matter jurisdiction in this case led the Court
to conclude that subject matter jurisdiction did not exist in
this case.

Accordingly, this case was remanded to the Circuit Court of the
Third Judicial Circuit, Madison County, Ill., for lack of federal
subject matter jurisdiction.

ASBESTOS UPDATE: Court OKs Hendricks' Remand Bid in DDC Lawsuit
The U.S. District Court, Northern District of California,
affirmed Sondra Hendricks' Motion to Remand, in an asbestos-
related lawsuit filed against Detroit Diesel Corporation (DDC).

The case is styled Sondra Hendricks, Plaintiff v. Detroit Diesel
Corporation, Defendant.

U.S. Magistrate Judge Edward M. Chen entered judgment in Case No.
C-09-3939 EMC on Nov. 25, 2009.

Roy McGill filed a suit in state court in Aug. 8, 2005 against
various defendants, including General Motors Corporation (GM) and
DDC. In 2008, the state court permitted the substitution of Ms.
Hendricks for Mr. McGill, who had died.

On or about June 1, 2009, GM filed for bankruptcy. Subsequently,
DDC filed a notice of removal based on the bankruptcy action,
removing only the claims asserted against it. Ms. Hendricks
thereafter filed a motion to remand the case.

The complaint alleged that Mr. McGill was exposed to asbestos
since the 1940s while working as a truck driver and welder. The
claims pleaded against DDC specifically are: negligence, strict
liability, and false representation. These same claims are
pleaded against GM.

According to DDC, DDC was originally a division in GM. In 1988,
GM sold various assets in that division to a third party and that
division became a new corporation, i.e., DDC.

ASBESTOS UPDATE: R.I. Court OKs Hopkins' Remand Bid in FW Action
The U.S. District Court, District of Rhode Island, granted Oliver
M. and Mary L. Hopkins' Motion to Remand, in an asbestos-related
lawsuit filed against Foster Wheeler Ltd.

The case is styled Oliver M. Hopkins and Mary L. Hopkins,
Plaintiffs v. Buffalo Pumps, Inc., et al., Defendants.

U.S. District Judge William E. Smith entered judgment in Civil
Action No. 09-181 S on Dec. 1, 2009.

Before the Court was FW's Objection to a Report and
Recommendation issued by Magistrate Judge Almond on Aug. 5, 2009,
which recommended that the Hopkinses Motion to Remand be granted.

The Hopkinses brought an action in the Superior Court against FW
and four other defendants. Plaintiffs claim that Mr. Hopkins
contracted mesothelioma due to exposure to Defendants' asbestos-
containing products.

Plaintiffs' complaint alleged that Mr. Hopkins "was exposed to
various asbestos containing products through the use of products
manufactured, sold or distributed by the named defendants with
such exposure as these named defendants' products occurring as a
laborer and maintenance worker at Mobil Oil from 1946-1966 and
Tucson Gas & Electric ... from 1966-1979."

Although FW was served on March 17, 2009, at some point prior,
Plaintiffs served all Defendants with discovery responses
detailing Mr. Hopkins' employment history.

FW removed the case to this Court on April 16, 2009. FW asserted
that it "manufactured the economizers" on four of the Navy Ships
identified in Plaintiffs' exposure chart and that it was "acting
under an officer or agency of the United States.

The day before the removal, on April 15, 2009, a cross-claim was
filed in the state court by Defendant P.I.C. Contractors, Inc.,
but in transferring the record to this Court, the state court did
not include the cross-claim in the file.

Plaintiffs filed a Motion to Remand on May 15, 2009, which
Magistrate Judge Almond recommended granting on Aug. 5, 2009,
because the Complaint specifically disclaimed Plaintiffs' work
aboard Navy Ships.

In the Report and Recommendation, Judge Almond found that FW
failed to raise its removal argument based on the cross-claim,
and that the argument was waived.

Brian P. Kenney, Esq., Robert J. Sweeney, Esq., of Early, Ludwick
& Sweeney, L.L.C. in New Haven, Conn., represented the

James R. Oswald, Esq., Mark O. Denehy, Esq., R. Bart Totten,
Esq., of Adler Pollock & Sheehan P.C. in Providence, R.I.,
represented the Defendants.

ASBESTOS UPDATE: Goddard Case v. 23 Firms Filed Dec. 23 in W.Va.
An asbestos-related lawsuit, on Dec. 23, 2009, styled Hilma F.
Goddard, executrix of the Estate of David Lee Goddard vs. 3M
Company, A.W. Chesterton Company et al., was filed in Kanawha
County Circuit Court, W.Va., The West Virginia Record reports.

Cindy J. Kiblinger, Esq., represents Mrs. Goddard. Case No. 09-C-
2349 will be assigned to a visiting judge.

Mr. Goddard was diagnosed with mesothelioma in March 2008 and
died April 25, 2008. Mrs. Goddard claims the 23 defendants are
responsible for her husband's mesothelioma.

Mr. Goddard smoked two packs of cigarettes each day for 19 years,
but quit smoking in 1973, according to the suit.

Mrs. Goddard seeks a jury trial to resolve all issues concerning
the asbestos-related case.

ASBESTOS UPDATE: Chevron Probing Exposure Claims at Gorgon Site
Chevron Corporation is checking claims that maritime workers, who
were transporting materials for the US$50 billion Gorgon gas
project in Western Australia, were exposed to asbestos, the
Sunday Times reports.

Chris Cain, the Maritime Union's WA branch secretary, said that
dust laden with asbestos has allegedly been spilling onto decking
when in transit from Barrow Island to Dampier since October 2009.

Mr. Cain asserts the lives of workers both at sea and on land
have been put at risk as the dangerous dust is stored in old,
unsealed and unmarked bins.

Chevron's general manager Colin Beckett says the Company is
investigating handling procedures on the island but that asbestos
removal is dealt with by specialist teams and the material is
clearly labeled and placed in sealed steel drums.

WorkSafe has begun its own investigation, while Mr. Cain is
calling the issue a "major catastrophe" and demanding a full
government inquiry.

Barrow Island is believed to have been contaminated with asbestos
from past mining operations.

Mr. Cain wants allegedly exposed workers treated to full medicals
while being place on the asbestos register. He claims asbestos
dust is being transported in pallets, drums and bags, all
unmarked and destination unknown.

Mr. Beckett says Chevron's first concern is the health and safety
of workers and that the staff is properly trained in what to do
if they discover asbestos or has any concerns.

Mr. Beckett adds the asbestos is being transported to a secure,
government approved disposal area in Australia.

ASBESTOS UPDATE: Bendix Plant in Ohio to be Demolished Jan. 2010
Honeywell International Inc. prepares to demolish the asbestos-
contaminated former Bendix Brake plant in Cleveland, Ohio, later
in January 2010, the Mesothelioma & Asbestos Awareness Center

According to city officials, demolition of existing buildings of
the brake pad manufacturing plant is expected to wrap up sometime
this spring.

According to Cleveland/Bradley Chamber of Commerce Vice President
of Economic Development Doug Berry, the Bendix plant has been
designated a Brownfield site by the U.S. Environmental Protection
Agency. This is because of the large amount of asbestos present
at the site.

Over time, the asbestos used in the manufacturing brake pads
contaminated the site. Mr. Berry says that the demolition makes
more financial sense than using the old site for a new use.

ASBESTOS UPDATE: Meriden Local Sentenced for Breaching TSCA Laws
A federal judge at the U.S. District Court in Bridgeport, Conn.,
on Jan. 5, 2010, sentenced Meriden, Conn., local, John V. Bruce,
for violating the federal Toxic Substance Control Act.

The 39-year-old Mr. Bruce was ordered to perform 200 hours of
community service and pay fines of US$800.

Mr. Bruce, owner of Environmental Training and Consulting Inc. of
Vernon and Wallingford, had pleaded guilty to the charge during a
hearing on Oct. 19, 2009. Federal documents state that in May
2004, he sold a certificate for US$400 for a 32-hour asbestos
worker training course to a person who never enrolled in the

The certificate was signed by Mr. Bruce and included a completion
date of 2002.

Investigators discovered the illegal transaction after learning
that the person Mr. Bruce had sold the certificate to an illegal
alien from Honduras who came to the United States only two weeks
before receiving the certificate.

ASBESTOS UPDATE: PW Mills Discharged for Asbestos Cleanup Breach
Judge Michael Dudley ordered PW Mills (Cradley Heath) to a two
year conditional discharge after it failed to remove asbestos
from a unit in the Black Country, England, Halesowen News

Judge Dudley imposed the penalty after being told PW Mills had
ceased trading but made it clear it would have had to pay a
"substantial fine" if it had still been in business.

PW Mills admitted three charges of contravening health and safety
regulations before Walsall Magistrates and another involving the
breach by an employee of general work duties.

The Company had been committed for sentence to Wolverhampton
Crown Court but, in a five minute hearing, Judge Dudley was told
the firm had gone out of business.

Magistrates had been told at an earlier court hearing the Company
was called out to the Crescent Works Industrial Park in Darlaston
after being informed asbestos debris had been discovered in two
units that were vacant at the time.

The firm was called out to remove the asbestos but a month later
when a battery company was ready to occupy one of the unit's
tests revealed asbestos was still evident.

Prosecuting at the hearing for the Health and Safety Executive,
Mark Ford said it was clear the asbestos removal operation had
not been carried out properly. He said, "Asbestos is a very
dangerous material and this could have had very serious

ASBESTOS UPDATE: Hazard to be Taken From Pa. Children's Hospital
Asbestos will be removed from the Children's Hospital in Oakland,
Pa., prior to partial demolition, Mesothelioma.com reports.

The Children's Hospital is part of the University of Pittsburgh
Medical Center. Part of the Children's Hospital will be
demolished in 2010.

The removal of asbestos from the structure prior to demolition is
a vital matter of public health and safety, and must be done in
accordance with state and federal regulations.

The demolition will commence in February 2010 and will complete
12 or 13 months after it has begun. One hospital tower, complete
with helicopter pad, will remain after the demolition has been

The Children's Hospital has been vacant since May 2009, when
operations moved to a new US$625 million complex in

Spokesman Frank Raczkiewicz said, "We're still putting the plan
together... We don't know what the site will look like, as of
yet. There have been no final design decisions made."

Mr. Raczkiewicz then added that prior to demolition; a great deal
of asbestos abatement is needed. All told, removing asbestos from
the site prior to demolition will take four entire months.

ASBESTOS UPDATE: Hazard to be Removed From Carlson Hall in Wis.
Asbestos is scheduled to be removed from Carlson Hall, which is
part of the University of Wisconsin-Whitewater, Mesothelioma.com

Despite budget cuts back in June 2009, the State Building
Commission of Wisconsin has now recommended restoring a US$17
million dollar renovation project at the University of Wisconsin-

The project will renovate Carlson Hall, and is long overdue
according to David Miller, a UW System vice president. The
Carlson Hall renovation would begin in April 2011 and be
completed in 2012.

The Carlson Hall renovation would involve gutting the 37-year-old
building, performing major upgrades, and removing asbestos as
required by federal and state law.

ASBESTOS UPDATE: U.K. Insurers' Bid in Compensation Case Junked
On Jan. 8, 2010, Lord Emslie, of the Supreme Court of Scotland,
rejected an attempt by insurers in the United Kingdom to abolish
Scottish legislation, which gave pleural plaques victims the
right to claim damages, the Financial Times reports.

The insurers (Aviva plc, AXA, RSA, and Zurich Financial Services)
sought to overturn the Holyrood act that, in 2009, allowed
sufferers from pleural plaques to claim compensation.

The Scottish legislation reversed a House of Lords ruling in 2007
that pleural plaques, which indicate exposure to asbestos but do
not generally cause symptoms, did not amount to a "compensatable

The Lords ruling had stopped the long-standing practice of
providing compensation of up to GBP20,000 in those cases.

The insurers said the act would benefit a small group of
individuals who had suffered no harm and would impose a
"disproportionate and excessive burden on insurers running into
hundreds of millions, if not billions, of pounds."

Lord Emslie's written ruling said there was clearly room for
differences of opinion as to whether Holyrood was right to
legislate in the way it did, and it remained to be seen whether
the 2009 act would have adverse legal or political consequences.

Hugh Scullion, general secretary of the Confederation of
Shipbuilding and Engineering Unions, said it was delighted Lord
Emslie had rejected insurance companies' attempts to shy away
from their responsibilities to compensate workers suffering from
this illness.

The Association of British Insurers was "very disappointed" by
the ruling and said it might appeal.

ASBESTOS UPDATE: R.L. Abatement to Remove Hazard From Courthouse
Commissioners in Randall County, Tex., on Jan. 12, 2010, have
chosen R.L. Abatement of Weslaco, Tex., to remove asbestos from
the Randall County courthouse, Amarillo.com reports.

The company bid US$44,000 for the asbestos abatement job. Randall
County Purchasing Agent Laurie Jones said, "They're doing a lot
of work in the area. That's one reason it's so low."

The bids of the other three companies responding to a request for
proposals ranged from US$63,000 to US$77,150.

ASBESTOS UPDATE: Cleanup, Facelift at Tex. Capitol Dome Ongoing
The Capitol Dome in Austin, Tex., is undergoing renovation work,
including asbestos abatement, which was commenced by the State
Preservation Board, Mesothelioma.com reports.

The dome dates back to 1882, making the renovation work

Facilities director Lee Baker explained to local reporters, "They
[the original builders of the Capitol Dome] designed for water to
get into the building. They also designed for it to get out."
However, asbestos in the eighth level walkway has blocked that

The project is expected to be finished in 2011, and is expected
to cost a grand total of US$2.5 million, financed by the Capitol
complex parking fees and store revenues.

ASBESTOS UPDATE: Asbestos Found During Market Deeping Renovation
Traces of asbestos were accidentally disturbed during the
renovation of the Deepings Community Centre in Market Deeping,
England, the Rutland & Stamford Mercury reports.

Specialists were called in to clear away the material at the
Deepings Community Centre. On Jan. 8, 2010, Centre trustee David
MacVitie said immediate action was taken to ensure there was no
risk to public safety.

Mr. MacVitie said, "As soon as the accident happened the hall was
closed and steps were taken to arrange the safe disposal of the

"The porch, part of a reception area when the building was used
as a health centre, is being removed. While the hall is closed,
we are taking the opportunity to install a new wooden floor."

The hall is unlikely to be back in use until February 2010, but
the rest of the community centre is open as normal.

The center was opened in October 2000 following a three-year
campaign by local residents, resulting in the award of a
GBP50,000 grant from the BT Better Towns competition.

The center is run by volunteers, receives no central funding and
costs GBP1,000 per week to run.

ASBESTOS UPDATE: Council Urged to Deal With Asbestos in Scotland
Mary Scanlon, a Member of the Scottish Parliament, is calling for
greater efforts to deal with asbestos in Highland, Scotland,
schools, The Press and Journal reports.

Speaking in a parliamentary debate on Jan. 7, 2010, Mrs. Scanlon
said medical evidence suggested that the peak may not happen
until 2015, with an expected death rate in the United Kingdom of
2,500 cancer victims annually.

The Conservatives' Scottish spokeswoman on health said there were
currently 70,000 people in the U.K. who were exposed to asbestos
and facing death from mesothelioma.

Mrs. Scanlon added that the state of the structure of Wick
Academy had also been questioned and raised on numerous occasions
in the Scottish Parliament. Concern also remained about asbestos
in the main building at Kingussie High School.

Mrs. Scanlon told MSPs that she would continue to assist those
challenging Highland Council to meet its obligations regarding
the safety of its school buildings, pupils and staff.

The discovery of asbestos at Kingussie High in September 2009 led
to a window replacement contract being delayed. It was found in
the sealing compound of the old windows.

After halting the contract and calling in asbestos specialists,
Highland Council asserted that no traces of asbestos fibers were
found in the air when tests were carried out during removal of
one of the windows.

ASBESTOS UPDATE: Appeal Court Issues Split Ruling in Link Action
The Court of Appeals of Ohio, Eighth District, Cuyahoga County,
issued split rulings in an asbestos-related case styled Daniel D.
Link, Plaintiff-Appellee v. Consolidated Rail Corp., et al.,

Judges Colleen Conway Cooney, Melody J. Stewart, and Ann Dyke
entered judgment in Case No. 92503 on Nov. 25, 2009. Judge Dyke

This was a civil appeal from the Cuyahoga County, Court of Common

Consolidated Rail Corporation (CRC) appealed the trial court's
order finding that plaintiff-appellee, Daniel Link, substantially
complied with the prima facie requirements of R.C. 2307.92.

In 2004, Mr. Link brought an occupational disease action against
CRC, CSX Transportation, and Norfolk Southern Railway Co. He
alleged that these defendants violated the Federal Employers'
Liability Act by negligently allowing him to be exposed to
various substances, including asbestos and asbestos dust.

CRC moved to administratively dismiss the matter in January 2008.
The trial court held a hearing and subsequently ordered that Mr.
Link substantially complied with the prima facie filing
requirements of R.C. 2307.92. In addition, CRC filed a motion for

Therefore, judgment was affirmed in part and reversed in part,
with instructions for the trial court to administratively dismiss
only Mr. Link's asbestos-related claims.

David A. Damico, Esq., Ira L. Podheiser, Esq., of Burns, White &
Hickton, LLC, in Pittsburgh represented appellants.

Michael H. Doran, Esq., Michael L. Torcello, Esq., of Doran &
Murphy, LLP in Buffalo, N.Y., represented appellee.

ASBESTOS UPDATE: N.Y. Court OKs Board Ruling in Parrelli Action
The Supreme Court, Appellate Division, Third Department, New
York, affirmed the June 11, 2007 ruling of the Workers'
Compensation Board, which denied compensation benefits to Alfredo
Parrelli for his injuries.

The case is styled In the Matter of the Claim of Alfredo
Parrelli, Appellant v. Atlantic Construction et al., Respondents.
Workers' Compensation Board, Respondent.

Judges Karen K. Peters, Edward O. Spain, John A. Lahtinen,
Anthony T. Kane and Bernard J. Malone Jr. entered judgment in the
case on Nov. 25, 2009.

Mr. Parrelli sustained a work-related injury to his right hand in
1997. He filed a workers' compensation claim and was ultimately
found to have suffered a permanent partial disability and
received a lump-sum settlement. He did not return to work
following his hand injury and, due in part to that injury, he
applied for disability retirement in 1998.

Mr. Parrelli filed the present workers' compensation claim in
2000, alleging that he suffered from a lung disease caused by his
workplace exposure to asbestos. A Workers' Compensation Law Judge
established the claim and awarded Mr. Parrelli lost wages from
September 2001 through December 2006.

Upon review, the Workers' Compensation Board eliminated that
award, determining that Mr. Parrelli retired for reasons
unrelated to his lung condition and lost no wages as a result of
it. This appeal ensued.

The Appeals Court affirmed the Board ruling.

Kornfeld & Associates, New York (Peter Malloy, Esq., of counsel),
represented Alfredo Parrelli.

Gregory J. Allen, State Insurance Fund, New York (David E. Baida,
Esq., of counsel), represented Atlantic Construction and another

ASBESTOS UPDATE: Conn. Court Affirms Board's Decision in Voronuk
The Appellate Court of Connecticut affirmed the ruling of the
Workers' Compensation Review Board, which dismissed Marjorie
Voronuk's claim against Electric Boat Corporation for survivor's

The case is styled Marjorie Voronuk v. Electric Boat Corporation
et al.

Judges Alexandra D. DiPentima, Richard A. Robinson and West
entered judgment in Case No. 29589 on Dec. 1, 2009.

Joseph Voronuk, Mrs. Voronuk's late husband, who died in 1995,
testified by deposition on Nov. 14, 1989, that he first worked
for Electric Boat in 1942 as a shipfitter for about six months to
one year and that during that period he was exposed to asbestos
while on the job.

The Voronuks were married in 1947 and remained married and living
together until his death. He resumed employment with Electric
Boat in 1951 as a carpenter. He testified that in the course of
his employment as a carpenter for Electric Boat, he was exposed
to asbestos.

Mr. Voronuk testified that in 1982, due to complaints of chest
pain, he was examined by Paul Gerity, a physician. Dr. Gerity's
notes of the examination revealed that Mr. Voronuk was fearful
that his prolonged exposure to asbestos on the job made him
susceptible to asbestosis.

Mr. Voronuk's medical records showed that from October 1982
through April 1986, he was treated by Dr. Gerity and William G.
Crawford, another physician, for complaints of chest pain. Mr.
Voronuk retired from Electric Boat in 1986.

In September 1993, Mr. Voronuk was hospitalized and diagnosed
with congestive heart failure, cardiomyopathy, asbestosis and
chronic obstructive pulmonary disease. He was again hospitalized
in July1994 and November 1994 due to complications resulting from
congestive heart failure, pleural effusions, cardiomegaly,
chronic obstructive pulmonary disease, hypoxia and asbestosis. He
died on Oct. 13, 1995.

On Dec. 6, 1995, Mrs. Voronuk filed with the commissioner a form
30-C seeking survivor's benefits. In 1996, Mark R. Cullen, a
physician, reviewed Mr. Voronuk's medical records and prepared a
report that Mrs. Voronuk submitted to the commissioner.

This appeal followed.

Carolyn P. Kelly, Esq., represented Mrs. Voronuk.

Peter D. Quay, Esq., represented Electric Boat Corporation.

ASBESTOS UPDATE: Mass. Contractors Fined $36T for Cleanup Breach
The Massachusetts Department of Environmental (MassDEP) levied
fines totaling US$36,000 against a home improvement contractor,
an insulation contractor, and an asbestos abatement contractor
for violating state asbestos regulations, according to a MassDEP
press release dated Jan. 12, 2010.

The violations against the three firms were discovered in
December 2008 during a MassDEP complaint investigation of a
multi-unit residential building located on Main Street in
Easthampton, Mass.

The investigation determined that contractors failed to use
appropriate asbestos transite-siding handling and disposal
procedures during insulation and siding work on the building. In
a subsequent inspection, MassDEP discovered that the asbestos
contractor later hired to perform asbestos abatement at the site
failed to appropriately employ certain asbestos-handling

Michael Gorski, director of MassDEP's Western Regional Office in
Springfield, said, "The asbestos regulations are very
prescriptive in terms of proper removal and disposal of asbestos-
containing materials in order to prevent asbestos fibers from
becoming airborne.

"Contractor awareness of the existence of asbestos-containing
construction material is essential in promoting compliance with
these regulations, and assuring the protection of the public
health and welfare."

In separate settlement agreements with MassDEP, Phil Beaulieu &
Sons Home Improvement Inc. and Gilbert & Son Insulation Inc.,
both based in Chicopee, and Compass Restoration Services LLC of
Belchertown agreed to pay penalties of US$10,000, US$10,000, and
US$16,000, respectively.

A portion of each assessed penalty was suspended provided that
the companies comply with the terms of their respective

ASBESTOS UPDATE: Marks & Spencer, Others Fined for Safety Breach
The Health and Safety Executive, on Jan. 12, 2010, commenced
criminal proceedings against Marks and Spencer plc and four other
companies for asbestos breaches while refurbishing shops in
Reading, Bournemouth and Plymouth where staff and members of the
public were exposed to asbestos fibers, according to an HSE press
release dated Jan. 12, 2010.

At Bournemouth Magistrates' court, Marks and Spencer plc pleaded
not guilty to breaching three counts of section 2(1), relating to
their own staff, and three counts of section 3(1), relating to
members of the public and other workers, of the Health and Safety
at Work etc Act 1974.

Each of these charges relates to each of the three stores and
date from September 2004 to November 2006.

Styles and Wood Ltd, based in Cheshire, England, pleaded guilty
to contravening sections 2(1) and 3(1) of the Health and Safety
at Work etc Act 1974. These charges relate to offences committed
between April 24, 2006 and Nov. 13, 2006 at the Marks and Spencer
plc store at 12 Broad Street, Reading. The company will be
sentenced at Crown Court at a later date.

Willmott Dixon Construction Ltd of Hertfordshire, England,
entered no plea to the allegations of contravening sections 2(1)
and 3(1) of the Health and Safety at Work etc Act 1974 between
Feb. 5, 2007 and July 3, 2007. These alleged breaches took place
at the Marks and Spencer plc store at 23 Commercial Road in

Manchester-based company PA Realisations Ltd (formally Pectel
Ltd), faces allegations of contravening regulation 10 of the
Control of Asbestos at Work Regulations 2002 between April 24,
2006 and Nov. 12, 2006, and regulation 15 of the Control of
Asbestos at Work Regulations 2002 on dates between May 5, 2006
and Nov. 12, 2006 at the Marks and Spencer plc store in Reading.
PA Realisations Ltd was not represented in court on Jan. 12,

A committal hearing date has been set for 2:15 p.m. on Feb. 9,
2010 at Bournemouth Magistrates' Court.

ASBESTOS UPDATE: 3 Firms Penalized for Breaches at Newport Base
Three entities involved in a demolition project at the Newport
Navy Base in Newport, R.I., have agreed to pay a penalty for
alleged violations of Federal requirements for the safe handling
and disposal of asbestos during demolition activities, according
to a U.S. Environmental Protection Agency press release on Jan.
13, 2010.

According to the EPA complaint, the United States Naval Station -
Newport, Goel Services, Inc., and A. A. Asbestos Abatement Co.,
Inc. each violated the Clean Air Act and the National Emission
Standard for Hazardous Air Pollutants for Asbestos (Asbestos
NESHAP) requirements when, in February 2009, they conducted a
demolition operation involving asbestos at the Navy Base.

Specifically, EPA alleged that the three parties failed to
properly seal asbestos-containing waste materials in leak-tight
containers while the materials were wet.

EPA previously had issued non-penalty administrative orders to
both the Newport Navy Base and A.A. Asbestos Abatement for
Asbestos NESHAP violations involving failure to provide proper
written notice to EPA before work began.

Under this settlement, the three parties must pay a US$14,238
penalty and certify that they are currently operating in
compliance with Asbestos NESHAP requirements.

The federal Clean Air Act and the Asbestos NESHAP requirements,
promulgated under the Act, require owners and operators of
demolition or renovation operations to inspect a facility before
beginning work and, for jobs involving certain threshold amounts
of regulated asbestos-containing materials, to comply with
specific notification, work practice, and waste disposal

For demolitions, prior written notification is required under the
Asbestos NESHAP whether or not asbestos is believed to be

ASBESTOS UPDATE: Hazard Discovered in Iowa Care Facility Bldgs.
Slater, Iowa-based Ames Environmental Inc. uncovered asbestos at
former care facility buildings in Jasper County, Iowa, the Newton
Daily News reports.

The Jasper County Board of Supervisors has received a final
report from the firm, and the tests have come back positive.

Ames inspected the care facility buildings on Dec. 21, 2009.
Nearly 100 samples were taken, and 14 of those came back positive
for asbestos. Majority of it was found in the floor tiles and
roof areas, as well as in some construction materials.

Jasper County Supervisor John Parsons said the next step for the
county was to create plans to mitigate the asbestos and get those
plans approved by the Department of Natural Resources before the
buildings can be demolished.

Ames Environmental has said that their company could provide the
County with design plans for removal of the asbestos and send the
information to contractors to complete the project.

ASBESTOS UPDATE: Hazard Removed from Boffa Hospital in Valletta
On Jan. 13, 2010, Brian St John, CEO of the Foundation for
Medical Services, says that asbestos in the underground service
tunnels and the boiler room at Boffa Hospital, in Valletta,
Malta, has been removed, the Times of Malta reports.

Mr. St John spoke during a visit to the hospital by Health
Parliamentary Secretary Joe Cassar.

The hospital is being renovated at a cost of EUR200,000. The new
oncology hospital is expected to be completed in 2013.

Mr. St John said the project was divided into three phases: a
risk assessment and the removal of asbestos; a replacement of the
hot water system; and painting, plastering and retiling.

No details were given about the results of tests, which had been
carried out on medical personnel at the hospital because of the

ASBESTOS UPDATE: Hoult's Family Gets Payout for Asbestos Injury
The family of Derek Hoult, of Kinross Crescent, Great Barr,
England, won an undisclosed six-figure asbestos payout, nine
years after his death to asbestos disease, the Express & Star

Mr. Hoult was 64 years old when he died in November 2001 after
suffering a malignant tumor on the lining of his chest. The
former driver had worked for timber merchants Rudders and Payne
in Hockley, Birmingham, in the 1950s and 1960s, delivering
asbestos ceiling panels for use in the building industry.

After his death, Mr. Hoult's family launched a legal battle for
justice and has now been awarded the undisclosed payout.

As Mr. Hoult's former employer ceased trading many years ago, the
family had been unable to track down its insurers. In 2008, Alida
Coates from Irwin Mitchell Solicitors who represented the family
discovered documents which were part of an unrelated claim, which
led her to identify Zurich as the insurer.

Zurich initially refused to pay out, claiming that the legal
action was out of time. However, it finally backed down and
agreed to an out-of-court settlement.

ASBESTOS UPDATE: Court Affirms Board Ruling in Mistofsky Action
The Supreme Court, Appellate Division, Third Department, New
York, affirmed the May 21, 2007 ruling of the Workers'
Compensation Board, which said that William Mistofsky was
entitled to an award of reduced earnings.

The case is styled In the Matter of the Claim of William
Mistofsky, Respondent v. Consolidated Edison Company of New York,
Inc., et al., Appellants. Workers' Compensation Board,

Judges Anthony V. Cardona, John A. Lahtinen, Anthony T. Kane and
Leslie E. Stein entered judgment in Case No. 504414 on Dec. 10,

Mr. Mistofsky began working for the employer in 1950 and, in the
course of his duties, was exposed at various times to asbestos.
In 1994, he was terminated from his employment for misconduct but
his employment was reinstated as the result of an arbitrator's

Mr. Mistofsky testified that he stopped working for the employer
in June 1996 due to breathing problems and began working for a
different employer on a part-time basis as a messenger at a
reduced hourly wage. He filed a claim for workers' compensation
benefits in November 1996, asserting that he contracted
asbestosis in the course of his work for the employer.

In July 1996, after the date that Mr. Mistofsky testified he left
his job with the employer for health reasons, a federal court
vacated the arbitrator's award in Mr. Mistofsky's favor and
determined that the 1994 termination was proper.

After numerous medical examinations and hearings, in a March 19,
2003 decision, a Workers' Compensation Law Judge (hereinafter
WCLJ) established the claim for the occupational diseases of
pulmonary asbestosis and asbestos-related pleural disease,
classified Mr. Mistofsky with a permanent partial disability and
set Dec. 7, 1998 as the date of disablement.

In a decision filed Jan. 7, 2004, the Workers' Compensation Board
specifically noted that the employer failed to produce evidence
before the WCLJ controverting Mr. Mistofsky's testimony to the
effect that the reason he stopped working for the employer in
June 1996 was because of breathing difficulties.  

The matter proceeded for further development of the causal
relationship between the occupational disease Mr. Mistofsky's
post-retirement reduced earnings, as well as the amount of said
earnings. The employer's request for full Board review of that
decision was denied and no appeal was pursued.

In August 2006, the WCLJ found that, per the prior March 19, 2003
decision, Mr. Mistofsky was entitled to reduced earnings benefits
subsequent to December 1998 as a result of his established
occupational disease. In a May 2007 decision, the Board concluded
that reduced earnings awards were proper. The employer and its
third party administrator (hereinafter collectively referred to
as the employer) now appealed.

Leonard B. Feld, Esq., Jericho, N.Y., represented appellants.

Andrew M. Cuomo, Attorney General, New York City (Iris Steel,
Esq., of counsel), represented the Workers' Compensation Board,

ASBESTOS UPDATE: Appeals Court OKs OneBeacon's Mandate Petition
The Court of Appeal, Second District, California, granted
OneBeacon America Insurance Company's Petition for Writ of
Mandate in an asbestos suit styled OneBeacon America Insurance
Company, Petitioner v. The Superior Court of Los Angeles,
Respondent; ITT Corporation and Grinnell, LLC, Real Parties in

Judges Orville A. Armstrong, Sandy R. Kriegler, and Paul Turner
entered judgment in Case No. B218321 on Dec. 8, 2009.

OneBeacon had filed a mandate, certiorari and prohibition
petition challenging the respondent court's July 31, 2009 order
granting the summary adjudication motion of plaintiffs, ITT
Corporation (f/k/a Grinnell Corporation) and Grinnell LLC (f/k/a
Grinnell Corporation) and Grinnell Fire Protection Systems
Company, Inc.

The summary adjudication order required OneBeacon to provide
separate counsel to plaintiffs in asbestos suits. The mandate
petition was granted.

Selman Breitman, Esq., Jeffrey C. Segal, Esq., and Iiya A.
Kosten, Esq., represented OneBeacon.

Morgan, Lewis & Bockius, Thomas M. Peterson, Esq., and Michel Y.
Horton, Esq., represented Real Parties in Interest.

ASBESTOS UPDATE: Appeal Ct. Upholds Summary Judgment in Bourque
The Court of Appeal of Louisiana, Third Circuit, upheld the
ruling of the Fourteenth Judicial District Court, Parish of
Calcasieu, which granted summary judgment in favor of Lake
Charles Stevedores, Inc. (LCS) in an asbestos lawsuit filed by
Eddie Bourque, Jr. and Cassie Bourque.

The case is styled Eddie Bourque, Jr., et ux. v. Anco
Insulations, Inc., et al.

Judges Jimmie C. Peters, Marc T. Amy and Michael G. Sullivan
entered judgment in Case No. 09-693 on Dec. 9, 2009.

The plaintiffs filed suit against various defendants, including
LCS, the appellee in the present matter, alleging that
occupational exposure to asbestos caused Mr. Bourque's malignant
mesothelioma. This alleged exposure occurred during his
employment period with LCS in the 1950s through the 1970s.

LCS filed a Motion for Summary Judgment asserting that because
Mr. Bourque's exposure to asbestos while employed with LCS
occurred on a vessel situated over water, his exclusive remedy
was under the Longshore and Harbor Workers' Compensation Act

The trial court granted LCS's summary judgment, finding that the
Bourques' state claims against LCS were barred by the LHWCA. The
Bourques' appealed.

Mickey P. Landry, Esq., Frank Joseph Swarr, Esq., in New Orleans,
Jessica M. Dean, Esq., in Dallas, represented Eddie Bourque, Jr.
and Cassie Bourque.

ASBESTOS UPDATE: Court OKs NSI Summary Judgment in Hogston Claim
The U.S. District Court, Eastern District of Pennsylvania,
granted National Service Industries' (NSI) motion for summary
judgment, in an asbestos case filed by Doris Hogston on behalf of
Harry Hogston.

The case is styled Doris Hogston, Executor of Estate of Harry
Hogston, Plaintiff v. Allis-Chalmers Corp., et al., Defendant.

District Judge Eduardo C. Robreno entered judgment in Civil
Action No. 06-67847 on Dec. 3, 2009.

Mrs. Hogston filed the complaint in this action on July 5, 2005,
asserting claims Mr. Hogston. He had developed mesothelioma,
which caused his death. Mrs. Hogston alleged that Mr. Hogston's
mesothelioma was caused by exposure to asbestos at the Olin
Chemical Corporation Plant at Saltville, Va.

Mr. Hogston was employed at the Plant from 1958-1972 as a member
of the Plant's maintenance crew. As a member of the maintenance
crew, he worked with pipe covering and block insulation, which
contained asbestos.

The specific claims against NSI arose from the activities of
North Brothers, Inc., a predecessor in interest to NSI, which was
a distributor of Owens-Corning products, including asbestos-
containing Kaylo pipe covering and insulation, located in the
southeastern part of the United States.

Mrs. Hogston alleged that there was significant circumstantial
evidence which shows both that North Bros. distributed Kaylo pipe
covering and insulation to the Plant during the time that Mr.
Hogston was employed there and that Mr. Hogston was exposed to
the Kaylo distributed by North Bros.

Mrs. Hogston maintained that North Bros. was negligent in
distributing the Kaylo pipe covering and insulation, rendering
the conduct of North Bros. a substantial factor in causing Mr.
Hogston's death. NSI moved for summary judgment.

It was ordered that Mrs. Hogston's motion to strike supplement to
NSI's reply memorandum in support of their motion for summary
judgment was denied.

Jonathan A. Smith-George, Esq., Law Offices of Jonathan A. Smith-
George, Henry N. Ware, Jr., Esq., of Spotts Fain PC in Richmond,
Va., Melanie Garner, Esq., of Waters Kraus LLP, in Baltimore,
Peter A. Kraus, Esq., Charles S. Siegel, Esq., Emily M. Stout,
Esq., of Waters & Kraus, in Dallas, Tex., represented Mrs.

Kay Millicent Brown, Esq., Dehay & Elliston, LLP in Baltimore,
John P. Fishwick, Jr., Esq., Lichtenstein & Fishwick PLC in
Roanoke, Va., William Nexsen, Esq., Stackhouse Nexsen & Turrietta
PLLC in Norfolk, Va., Lora A. Brzezynski, Esq., Mckenna Ling
Aldridge LLP in Washington, D.C., Henry N. Ware, Jr., Esq., of
Spotts Fain PC in Richmond, Va., represented NSI.


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