CAR_Public/100125.mbx             C L A S S   A C T I O N   R E P O R T E R

            Monday, January 25, 2010, Vol. 12, No. 16

                            Headlines

ARCO MIDCON: Accused, With Others, of Oil Spills in Mo. Lawsuit
CALIFORNIA: Parents of Autistic Children Sue Over Budget Cuts
CARTER'S INC: Faces Consolidated Complaint in Georgia
CARTER'S INC: Appeal of Plaintiffs in Two Suits Remains Pending
CHASE BANK: Accused of Levying Undisclosed Fees in Calif. Lawsuit

DAIRY FARMERS: Antitrust Violations Alleged in Vermont Lawsuit
FLORIDA POWER: Copy of Stampone Complaint Now Available
GENERAL MILLS: Yoplait Yogurt Advertising Claims Draw Fire
MATRIXX INITIATIVES: Directors Sued in Ariz. Over Zicam Fiasco
MML BAY STATE LIFE: Conn. Lawsuit Challenges "Mortality Charge"

MYRIAD PHARMACEUTICALS: Faces Suit Over Proposed Javelin Merger
RAPTOR PHARMA: Responds to Plaintiffs' Appeal on Suit Dismissal
SAUL SACK: 400 Condo Buyers Say They Were Duped in Calif. Lawsuit
SCOTTRADE INC: Sued, With Banks, in Ill. for Embezzlement Losses
SEQUENOM INC: Enters Stipulation to Settle Securities Suit

SHUFFLE MASTER: Consolidated Securities Suit Pending in Nevada
STATE STREET: Shareholder Class Action Lawsuit filed in Boston
TARGET CORP: Accused of Not Paying Overtime in Calif. Lawsuit
TOMOTHERAPY INC: Continues to Face Amended Complaint in Wis.
TYSON FOODS: Court Preliminarily Approves Consumer Refunds

                            *********

ARCO MIDCON: Accused, With Others, of Oil Spills in Mo. Lawsuit
---------------------------------------------------------------
Joe Harris at Courthouse News Service reports that a federal
class action claims an oil pipeline leaked tens of thousands of
gallons of fuel and chemicals onto neighbors' properties for
years. The class claims Arco Midcon, Magellan Pipeline Co. and
Wiltel Communications are responsible for the spills, which have
not been cleaned up.  

A copy of the Complaint in Henke, et al. v. Arco Midcon, L.L.C.,
et al., Case No. 10-cv-00086 (E.D. Mo.), is available at:

The Plaintiffs are represented by:

          John G. Simon, Esq.
          Erich Vieth, Esq.
          John Campbell, Esq.
          SIMON LAW, P.C.
          701 Market Street, Suite 1450
          St. Louis, MO 63101
          Telephone: 314-241-2929

               - and -  

          Robert Schultz, Esq.
          SCHULTZ & ASSOCIATES LLP
          640 Cepi Drive, Suite A
          St. Louis, Missouri 63005
          Telephone: 636-537-4645


CALIFORNIA: Parents of Autistic Children Sue Over Budget Cuts
-------------------------------------------------------------
Bridget Freeland at Courthouse News Service reports that
more than 100 autistic children in California may be
"institutionalized" because state budget cuts may force a
developmental services agency to axe funding for a highly
effective treatment, a class action claims in Los Angeles
Superior Court. The children have "severely impaired verbal and
cognitive abilities," often engage in "isolated, repetitive
behaviors," and act violently toward themselves and others, the
parents say.


CARTER'S INC: Faces Consolidated Complaint in Georgia
-----------------------------------------------------
Carter's, Inc., faces a consolidated action asserting claims
under Sections 10(b) and 20(a) of the federal securities laws,
remains pending in the U.S. District Court for the Northern
District of Georgia, according to the company's Jan. 15, 2010,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended Oct. 3, 2009.

                      Plymouth Action

A shareholder class action lawsuit was filed on Sept. 19, 2008 in
the U.S. District Court for the Northern District of Georgia
entitled Plymouth Country Retirement System v. Carter's, Inc.,
No. 1:08-CV-02940-JOF.

The Amended Complaint filed on May 12, 2009 in the Plymouth
Action asserts claims under Sections 10(b), 20(a), and 20A of the
1934 Securities Exchange Act, and alleges that between Feb. 1,
2006 and July 24, 2007, the company and certain current and
former executives made misrepresentations to investors regarding
the successful integration of OshKosh into the company's
business, and that the share price of the company's stock later
fell when the market learned that the integration had not been as
successful as represented.

Defendants in the Plymouth Action filed a motion to dismiss the
Amended Complaint for failure to state a claim under the federal
securities laws on July 17, 2009, and briefing of that motion was
complete on October 22, 2009.

                      Mylroie Action

A shareholder class action lawsuit was filed on Nov. 17, 2009 in
the U.S. District Court for the Northern District of Georgia
entitled Mylroie v. Carter's, Inc., No. 1:09-CV-3196-JOF.

The Complaint in the Mylroie Action asserts claims under Sections
10(b) and 20(a) of the 1934 Securities Exchange Act, and alleges
that between April 27, 2004 and Nov. 10, 2009, the company and
certain current and former executives made misstatements to
investors regarding the company's accounting for discounts
offered to some wholesale customers.

                    Consolidated Action

The Court consolidated the Plymouth Action and the Mylroie Action
on Nov. 24, 2009.

The parties have agreed that an amended complaint in the
Consolidated Action will be filed after the company releases a
planned restatement of prior financial results.  By stipulation,
the company will respond to the amended complaint to be filed by
the Lead Plaintiff in the Consolidated Action.   The company
intends to vigorously defend against the claims in the
Consolidated Action.

Carter's, Inc. -- http://www.carters.com/-- is a marketer of  
apparel for babies and young children in the United States.  The
company owns two brand names in the children's apparel industry,
Carter's and OshKosh.  Carter's offers multiple product
categories, including baby, sleepwear, playclothes and other
accessories.  The company sells its products to national
department stores, chain and specialty stores, discount
retailers, and as of Dec. 29, 2007, through 228 Carter's and 163
OshKosh outlet and brand retail stores.  Under its Carter's
brand, the company designs, sources and markets an array of
products, primarily for sizes newborn to seven.  Its Carter's
brand is sold in department stores, national chains, specialty
stores, off-price sales channels, and through its Carter's retail
stores.  Carter's sells its Just One Year and Child of
Mine brands through the mass channel at Target and Wal-Mart,
respectively.


CARTER'S INC: Appeal of Plaintiffs in Two Suits Remains Pending
---------------------------------------------------------------
The appeal of the plaintiffs over the dismissal of two complaints
against Carter's, Inc., remain pending in the Seventh Circuit,
according to the company's Jan. 15, 2010, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
Oct. 3, 2009.

A class action lawsuit was filed on Sept. 29, 2008 in U.S.
District Court for the Northern District of Illinois against the
company claiming breach of contract arising from certain
advertising and pricing practices with respect to Carter's brand
products purchased by consumers at Carter's retail stores
nationally.

The complaint seeks damages and injunctive relief.

Plaintiff has since filed an amended complaint, alleging breach
of contract on behalf of a nationwide class and Illinois Consumer
Fraud Act claims on behalf of Illinois consumers.

On Feb. 3, 2009 the same plaintiff's attorney filed a second,
nearly identical action against the company in the same court but
in the name of a different plaintiff.

The parties filed an agreed upon motion to consolidate this
second action with the first case and to stay the need for
response in the second case until after the court had ruled upon
a pending motion to dismiss the first case.

On April 15, 2009, the Amended Complaint in the first case was
dismissed for failure to state a claim for breach of contract and
for failure to adequately allege damages.

The company subsequently filed a motion to dismiss the second
case on the same grounds, which the Court granted on April 29,
2009.

The plaintiffs filed a notice of appeal in each action on May 1,
2009.

The appeals have been consolidated and fully briefed.

On Dec. 2, 2009, plaintiffs and the company presented oral
arguments before the Seventh Circuit.

Carter's, Inc. -- http://www.carters.com/-- is a marketer of  
apparel for babies and young children in the United States.  The
company owns two brand names in the children's apparel industry,
Carter's and OshKosh.  Carter's offers multiple product
categories, including baby, sleepwear, playclothes and other
accessories.  The company sells its products to national
department stores, chain and specialty stores, discount
retailers, and as of Dec. 29, 2007, through 228 Carter's and 163
OshKosh outlet and brand retail stores.  Under its Carter's
brand, the company designs, sources and markets an array of
products, primarily for sizes newborn to seven.  Its Carter's
brand is sold in department stores, national chains, specialty
stores, off-price sales channels, and through its Carter's retail
stores.  Carter's sells its Just One Year and Child of
Mine brands through the mass channel at Target and Wal-Mart,
respectively.


CHASE BANK: Accused of Levying Undisclosed Fees in Calif. Lawsuit
-----------------------------------------------------------------
Courthouse News Service reports that Chase Bank charged
California credit cardholders undisclosed fees, a class action
claims in Los Angeles Federal Court.

A copy of the Complaint in Milgram v. Chase Bank USA, N.A., Case
No. 10-cv-00336 (C.D. Calif.) (Wu, J.), is available at:

     http://www.courthousenews.com/2010/01/18/Banks.pdf

The Plaintiff is represented by:

          Burton E. Falk, Esq.
          Drew E. Pomerance, Esq.
          ROXBOROUGH POMERANCE NYE & ADREANI LLP
          5820 Canoga Avenue Suite 250
          Woodland Hills, CA 91367
          Telephone: 818-992-9999

               - and -  

          Sabrina S. Kim, Esq.
          Andrew J. Sokolowski, Esq.
          Jeff S. Westerman, Esq.
          MILBERG LLP
          One California Plaza
          300 South Grand Avenue Suite 3900
          Los Angeles, CA 90071
          Telephone: 213-617-1200


DAIRY FARMERS: Antitrust Violations Alleged in Vermont Lawsuit
--------------------------------------------------------------
Courthouse News Service reports that Dairy Farmers of America,
Dairy Marketing Services, Dean Foods Co., and HP Hood monopolize
and monopsonize the Grade A milk distribution system and fix
prices, according to a class action antitrust complaint in
Rutland, Vt., Federal Court.

A monopsony, the Complaint in Neville v. Dairy Farmers of
America, Inc., et al., Case No. 10-cv-00009 (D. Vt.) (Reiss, J.),
explains, is a monopoly on the purchaser side rather than the
seller side, so, a monopsony exists when there is only one
purchaser in a market that has market power.  A copy of the
Complaint is available at:

     http://www.courthousenews.com/2010/01/18/Milk.pdf

The Plaintiff is represented by:

          Andrew D. Manitsky, Esq.
          GRAVEL AND SHEA
          76 St. Paul Street
          P.O. Box 369
          Burlington, VT 05402-0369
          Telephone: (802) 658-0220


FLORIDA POWER: Copy of Stampone Complaint Now Available
-------------------------------------------------------
As reported in the Class Action Reporter on Jan. 15, 2010,
Anthony Stampone filed a class action lawsuit against Florida
Power & Light Company, alleging a "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 counties."

A copy of the Complaint in Stampone v. Florida Power & Light
Company, Case No. 50 2010 CA 000648 (Fla. Cit. Ct., 15th J.
Dist., Palm Beach Cty.), is available at:

     http://www.courthousenews.com/2010/01/18/FPL.pdf


GENERAL MILLS: Yoplait Yogurt Advertising Claims Draw Fire
----------------------------------------------------------
Courthouse News Service reports that General Mills and Yoplait
falsely advertise their Yo-Plus yogurt as containing "exclusive
Optibalance bacterial cultures" that provide "digestive health
benefits that other yogurt products to do not," a class action
claims in Santa Ana, Calif., Federal Court.

A copy of the Complaint in Johnson v. General Mills, Inc., and
Yoplait USA, Inc., Case No. 10-cv-00061 (C.D. Calif.), is
available at:

     http://www.courthousenews.com/2010/01/18/CCA.pdf

The Plaintiff is represented by:

          Timothy G. Blood, Esq.
          Leslie E. Hurst, Esq.
          Thomas J. O'Reardon, II, Esq.
          BLOOD HURST & O'REARDON LLP
          600 B Street, Suite 1550
          San Diego, CA 92101        
          Telephone: 619-338-1100

               - and -  

          Jonathan M. Stein, Esq.
          Cullin A. O'Brien, Esq.
          COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP
          120 East Palmetto Park Road, Suite 500
          Boca Raton, FL 33432
          Telephone: 561-750-3000


MATRIXX INITIATIVES: Directors Sued in Ariz. Over Zicam Fiasco
--------------------------------------------------------------
Courthouse News Service reports that directors of Matrixx
Initiatives blew millions of dollars on the ill-advised Zicam
Cold Relief Formula, which precipitated a wave of liability and
class action claims of anosmia, according to a derivative
complaint in Maricopa County Court, Phoenix.


A copy of the Complaint in Laguori v. Egan, et al., Case No.
CV2009-036777 (Ariz. Super. Ct., Maricopa Cty.), is available at:

     http://www.courthousenews.com/2010/01/18/Deriv.pdf

The Plaintiff is represented by:

          Alan S. Baskin, Esq.
          Michelle M. Lauer, Esq.
          BADE & BASKIN PLC
          80 East Rio Salado parkway, Suite 511
          Tempe, AZ 85281
          Telephone: 480-968-1225

               - and -  

          Lewis S. Kahn, Esq.
          Albert M. Myers, Esq.
          Kevin L. Oufnac, Esq.
          KAHN SWICK & FOTI, LLC
          650 Poydras St., Suite 2150
          New Orleans, LA 70130


MML BAY STATE LIFE: Conn. Lawsuit Challenges "Mortality Charge"
---------------------------------------------------------------
Courthouse News Service reports that MML Bay State Life Insurance
overcharges for a "mortality charge," a class action claims in
Hartford Federal Court.

A copy of the Complaint in Freeman v. MML Bay State Life
Insurance Company, Case No. 10-cv-00066 (D. Conn.), is available
at:

     http://www.courthousenews.com/2010/01/18/Insure.pdf

The Plaintiff is represented by:

          William G. Madsen, Esq.
          MADSEN PRESLEY & PARENTEAU LLC
          44 Capital Ave., Suite 201
          Hartford, CT 06106
          Telephone: 860-246-2466


MYRIAD PHARMACEUTICALS: Faces Suit Over Proposed Javelin Merger
---------------------------------------------------------------
Myriad Pharmaceuticals, Inc., faces a purported class action
lawsuit over its proposed merger with Javelin Pharmaceuticals,
Inc., according to the company's Jan. 14, 2010, Form 8-K filing
with the U.S. Securities and Exchange Commission.

On Jan. 4, 2010, the company was served with a complaint naming
the company, MPI Merger Sub, Inc., Javelin Pharmaceuticals and
certain Javelin directors as defendants in a purported class
action lawsuit styled Schnipper v. Watson, No. 09-5439 (Mass.
Super. Ct. filed Dec. 23, 2009).

The Complaint alleges that the company and Merger Sub aided and
abetted various purported breaches of fiduciary duty by certain
Javelin directors in connection with the proposed merger
contemplated by the Agreement and Plan of Merger, dated Dec. 18,
2009, among the company, Javelin, Merger Sub and a stockholder
representative.

Two other complaints, Parrish v. Watson, No. 10-0029 (Mass.
Super. Ct. filed Jan. 5, 2010) and Andrews v. Driscoll, No. 10-
0049 (Mass. Super. Ct. filed Jan. 6, 2010), asserting
substantially similar allegations, were filed against the company
and certain of the other defendants identified above following
the filing of the Complaint.  The company anticipates that the
complaints will be consolidated and, thereafter, that the
plaintiffs will file an amended complaint.  

Myriad Pharmaceuticals, Inc. -- http://www.myriadpharma.com/--  
is a specialty pharmaceutical company.  The company focuses on
discovering, developing and commercializing small molecule drugs
that address severe medical conditions with markets, including
cancer and human immunodeficiency virus (HIV) infection.  Its
product pipeline includes clinical and preclinical drug
candidates with distinct mechanisms of action and chemical
structures.  As of June30, 2009, the company's drug candidates in
clinical development included Azixa (MPC-6827), MPC-3100 and MPC-
4326.  As of June 30, 2009, the company had two clinical-stage
programs in oncology, which included Azixa and MPC-3100.


RAPTOR PHARMA: Responds to Plaintiffs' Appeal on Suit Dismissal
---------------------------------------------------------------
Raptor Pharmaceutical Corp. has responded to the appeal filed by
the class action plaintiffs over the dismissal of their
consolidated amended complaint, according to the company's Jan.
14, 2010, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended Nov. 30, 2009.

Several lawsuits were filed against the company (as TorreyPines)
in February 2005 in the U.S. District Court for the Southern
District of New York asserting claims under Sections 10(b) and
20(a) of the Exchange Act and Rule 10b-5 thereunder on behalf of
a class of purchasers of the company's common stock during the
period from June 26, 2003, through and including Feb. 4, 2005,
referred to as the class period.

Dr. Marvin S. Hausman, M.D., a former director and a former Chief
Executive Officer, and Dr. Gosse B. Bruinsma, M.D., also a former
director and a former Chief Executive Officer, were also named as
defendants in the lawsuits.

These actions were consolidated into a single class action
lawsuit in January 2006.

On April 10, 2006, the class action plaintiffs filed an amended
consolidated complaint.

The company filed its answer to that complaint on May 26, 2006.

The company's motion to dismiss the consolidated amended
complaint was filed on May 26, 2006 and was submitted to the
court for a decision in September 2006.

On March 31, 2009 the U.S. District Court for the Southern
District of New York dismissed the proceedings.

On April 24, 2009, an appeal was filed with the U.S. Court of
Appeals for the Second Circuit by the class action plaintiffs.
The company's response to the appeal was filed on Oct. 23, 2009.

Raptor Pharmaceutical Corp. -- http://www.raptorpharma.com/-- is  
dedicated to speeding the delivery of new treatment options to
patients by working to improve existing therapeutics through the
application of highly specialized drug targeting platforms and
formulation expertise.


SAUL SACK: 400 Condo Buyers Say They Were Duped in Calif. Lawsuit
-----------------------------------------------------------------
Courthouse News Service reports that Saul Sack, Russell Galbut,
Sonny Kahn, Bruce Menin, SK Business Trust, RF Business Trust,
and Menin 1998 Family Trust misrepresented the size of 400
condominiums at Villa Vicenza, a class action claims in San Diego
Federal Court.  

A copy of the Complaint in Lais, et al. v. Saul Sack, et al.,
Case No. 10-cv-00127 (S.D. Calif.), is available at:

     http://www.courthousenews.com/2010/01/18/RealEstate.pdf

The Complaint indicates that a similar, if not identical, charges
are levied in a state court lawsuit, Case No. GIV 869392 (Calif.
Super. Ct., San Diego Cty.), where the Court has or shortly will
quash service of summons.

The Plaintiffs seek damages in excess of $3 million, and are
represented by:

          Philip L. Asiano, Esq.
          LAW OFFICE OF PHILIP L. ASIANO P.C.
          P.O. Box 121937
          San Diego, CA 92112-1937
          Telephone: 619-231-6579

               - and -  

          Patrick E. Catalano, Esq.
          CATALANO & CATALANO
          655 W. Broadway, Suite 880
          San Diego, CA 92101
          Telephone: 619-233-3565


SCOTTRADE INC: Sued, With Banks, in Ill. for Embezzlement Losses
----------------------------------------------------------------
Joe Harris at Courthouse News Service reports that a class action
accuses Scottrade and several banks of investment fraud.
Plaintiffs claim that Lavern Huelsmann dba Senior Retirement
Services embezzled $139,000 using phony promissory notes and cash
management accounts.  

A copy of the Complaint in McKay, et ux., Lavern Huelsmann dba
Senior Retirement Services and FCB New Baden Bank, Germantown
Trust and Savings Bank, Tempo Bank, Centure Bank, and Scottrade,
Inc., Case No. 10-L-04 (Ill. Cir. Ct., 20th J. Cir., St. Clair
Cty.), is available at:

     http://www.courthousenews.com/2010/01/18/MoneyMgrEmbz.pdf

The Plaintiffs are represented by:

          Bernard J. Ysursa, Esq.
          COOK, YSURSA, BARTHOLOMEW, BRAUER & SHEVLIN, LTD.
          12 West Lincoln Street
          Belleville, IL 62220
          Telephone: 618-235-3500

               - and -  

          Michael S. Williams, Esq.
          MICHAEL S. WILLIAMS, P.C.
          5005 West Main Street
          Belleville, IL 62226
          Telephone: 618-257-8563


SEQUENOM INC: Enters Stipulation to Settle Securities Suit
----------------------------------------------------------
Sequenom, Inc. entered into a stipulation of settlement which
will resolve the class action securities lawsuits consolidated
under the caption In re Sequenom, Inc. Securities Litigation,
S.D. Cal. Case No. 09-CV-0921 LAB, pending in the U.S. District
Court for the Southern District of California, according to the
company's Jan. 15, 2010, Form 8-K filing with the U.S. Securities
and Exchange Commission.

Attorneys for Harry Stylli, Paul Hawran, Allan T. Bombard,
Charles R. Cantor, Steven Owings, Harry F. Hixson, Jr., and
Elizabeth Dragon, all of whom were named as defendants in the
consolidated lawsuits, have also entered into the stipulation of
settlement.  The stipulation of settlement remains subject to
preliminary and final approval by the U.S. District Court.

Subject to final approval of the stipulation of settlement by the
U.S. District Court, in exchange for a release of all claims by
the class members and a dismissal of the consolidated lawsuits,
the company has agreed:

     (i) to pay the class members and their attorneys a total of
         $14 million which will be funded from insurance
         proceeds,

    (ii) to issue to the class members and their attorneys
         shares of the company's common stock, and

   (iii) to adopt certain corporate governance measures,
         including an amendment to the company's Bylaws to
         provide that at all times a majority of the company's
         directors must be independent.

The number of shares of the company's common stock to be issued
will be determined on a date to be established after final
approval of the settlement by the U.S. District Court and will
constitute 9.95% of the shares of the company's common stock
outstanding post-issuance, provided that certain shares issued
after entry into the stipulation of settlement, including any
shares issued in a bona fide financing, in connection with a
licensing, collaboration or acquisition transaction or pursuant
to our currently existing equity incentive plans, will be
excluded from the shares outstanding calculation.

As of Dec. 23, 2009, the company had 61,693,241 shares of common
stock outstanding, and if the share number had been determined as
of that date, the company would have been obligated to issue
6,816,743 shares of common stock pursuant to the terms of the
settlement.

In connection with the approval of the stipulation of settlement,
the company's board of directors implemented the agreed upon
corporate governance measures and approved the amendment to the
Bylaws.

If the settlement is approved preliminarily by the U.S. District
Court, potential class members will be notified of the proposed
settlement and the procedure by which they can request to be
excluded from the class.  The settlement will then be subject to
final approval by the U.S. District Court.

Following final approval of the settlement by the U.S. District
Court, including a finding that the exchange of the class
members' claims for the shares of the company's common stock is
fair, the shares will be issued pursuant to the exemption from
registration provided by Section 3(a)(10) of the Securities Act
of 1933, as amended.

Sequenom, Inc. -- http://www.sequenom.com/-- is a diagnostic  
testing and genetics analysis company.  The company is focused on
providing products, services, diagnostic testing, applications
and genetic analysis products that translate the results of
genomic science into solutions for biomedical research,
translational research, molecular medicine applications, and
agricultural, livestock and other areas of research.


SHUFFLE MASTER: Consolidated Securities Suit Pending in Nevada
--------------------------------------------------------------
Shuffle Master, Inc., continues to face a consolidated amended
securities fraud class-action lawsuit in the U.S. District Court
for the District of Nevada, according to the company's Jan. 14,
2010, Form 10-K filing with the U.S. Securities and Exchange
Commission for the fiscal year ended Oct. 31, 2009.

Initially, three complaints were filed against the company:

(1) Stocke Litigation

    On June 1, 2007, a putative class action complaint over an
    alleged violation of the federal securities laws against the
    Shuffle Master and its chief executive officer, Mark L.
    Yoseloff, and chief financial officer, Richard L. Baldwin,
    was filed in the U.S. District Court for the District of
    Nevada on behalf of persons who purportedly purchased the
    company's stock between Dec. 22, 2006, and March 12, 2007.

    The case is entitled, "Joseph Stocke vs. Shuffle Master,
    Inc., Mark L. Yoseloff and Richard L. Baldwin."  The
    company, as well as Dr. Yoseloff and Mr. Baldwin, were
    served with the complaint on June 6, 2007.

    The complaint asserts claims pursuant to Sections 10(b) and
    20(a) of the U.S. Securities Exchange Act of 1934, and Rule
    10b 5 promulgated thereunder.  These claims allegedly relate
    to the company's March 12, 2007 announcement that it would
    restate its Fiscal Fourth Quarter and full year financial
    results.  

    The complaint seeks compensatory damages in an unstated
    amount.

    On or about Aug. 4, 2007, four plaintiffs moved the Court
    for appointment as lead plaintiff, with one withdrawing its
    application in September.  No decision has yet been made.  

(2) Armistead Litigation

    On June 12, 2007, a second putative class action complaint
    for violation of the federal securities laws against the
    same defendants -- the company, Dr. Yoseloff and Mr. Baldwin
    -- was filed in the same court in Nevada.

    The case is entitled, "Robert Armistead, Jr. vs. Shuffle
    Master, Inc., Mark L. Yoseloff and Richard L. Baldwin."  The
    defendants were served with the complaint on June 12, 2007.

    This lawsuit effectively mirrors the allegations in the
    Stocke Lfiled against the same defendants, except that the
    Armistead complaint was filed on behalf of persons who
    purchased the company's stock between March 20, 2006, and
    March 12, 2007.

(3) Tempel Litigation

    On June 25, 2007, a third putative class action complaint
    for violation of the federal securities laws against the    
    same defendants was filed in the same court.

    The case is entitled, "Andrew J. Tempel vs. Shuffle Master,
    Inc., Mark L. Yoseloff and Richard L. Baldwin."  This
    lawsuit is a "copycat" lawsuit of the Stocke Lawsuit.

On June 22, 2007, a Joint Stipulation was filed in the U.S.
District Court for the District of Nevada providing that all
presently filed and any subsequently filed related class action
suits will be consolidated and captioned, "In Re Shuffle Master,
Inc. Securities Litigation."

On June 22, 2007, a Joint Stipulation was filed in the U.S.
District Court for the District of Nevada providing that all
presently filed and any subsequently filed related class actions
shall be consolidated and captioned In Re Shuffle Master, Inc.
Securities Litigation.  

The company was not required to answer, move against or otherwise
respond to any class action complaints until a consolidated
complaint was filed.

On Nov. 30, 2007, the Court appointed the "Shuffle Master
Institutional Investor Group," consisting of the Tulsa Municipal
Employees' Retirement Plan and the Oklahoma Firefighters Pension
and Retirement System, as Lead Plaintiff.  Grant & Eisenhofer is
the Lead Plaintiff's counsel.

A Consolidated Amended Class Action Complaint was filed on Feb.
5, 2008.

The Consolidated Complaint asserts the same causes of action for
violation of federal securities law as the initial lawsuits and
applies to a class period of Feb. 1, 2006 to March 12, 2007.

The Consolidated Complaint contains essentially the same material
allegations as in the initial lawsuits and also contains
allegations arising out of the company's acquisition of Stargames
and disclosures concerning the Company's internal controls.  This
Consolidated Complaint supersedes all previously filed lawsuits
covering this class period.  On March 25, 2008, defendants filed
a Motion to Dismiss.  On March 23, 2009, the Court denied our
Motion to Dismiss.  The Defendants answered on April 29, 2009.  
The case is presently pending.

The suit is In Re Shuffle Master, Inc. Securities Litigation,
Case No. 07-00715 (Nev.) (Dawson, J.)

Representing the plaintiffs are:

          Mark Albright, Esq.
          Albright Stoddard Warnick & Albright
          801 South Rancho Drive, Suite D-4
          Las Vegas, NV 89106
          Phone: 702-384-7111
          Fax: 702-384-0605
          E-mail: gma@albrightstoddard.com

               - and -

          Patrick V. Dahlstrom, Esq.
          Pomerantz Haudek Block Grossman & Gross LLP
          One North LaSalle Street, Suite 2225
          Chicago, IL 60602
          Phone: 312-377-1181
          E-mail: pdahlstrom@pomlaw.com

Representing the defendants are:

          Joshua G. Hamilton, Esq.
          Paul, Hastings, Janofsky & Walker LLP
          515 S. Flower Street
          Los Angeles, CA 90071-2371
          Phone: 213-683-6000
          Fax: 213-627-0705
          E-mail: joshuahamilton@paulhastings.com

               - and -           

          Kirk B. Lenhard, Esq.
          Jones Vargas
          3773 Howard Hughes Pkwy., 3rd Floor So.
          Las Vegas, NV 89109
          E-mail: kbl@jonesvargas.com


STATE STREET: Shareholder Class Action Lawsuit filed in Boston
--------------------------------------------------------------
Courthouse News Service reports that State Street Corp. (State
Street Bank) misrepresented its exposure to "billions of dollars
in losses on investments in off-balance sheet conduits, in the
company's securities lending program and in its own investment
portfolio," a class action claims in Boston Federal Court.  

A copy of the Complaint in Demory v. State Street Corporation, et
al., Case No. 10-cv-10064 (D. Mass.) (Gertner, J.), is available
at:

     http://www.courthousenews.com/2010/01/18/SCA.pdf

The Plaintiff is represented by:

          Jeffrey C. Block, Esq.
          BERMAN DEVALERIO
          One Liberty Square
          Boston, MA 02109
          Telephone: (617) 542-8300


TARGET CORP: Accused of Not Paying Overtime in Calif. Lawsuit
-------------------------------------------------------------
Courthouse News Service reports that Target stiffed workers for
overtime, a class action claims in Orange County Court, Calif.

A copy of the Complaint in Diaz v. Target Corporation, Case No.
30-2010-00335838 (Calif. Super. Ct., Orange Cty.), is available
at:

     http://www.courthousenews.com/2010/01/18/EmployTarget.pdf

The Plaintiff is represented by:

          Richard E. Quintilone, II, Esq.
          QUINTILONE & ASSOCIATES
          22974 El Toro Road, Suite 100
          Lake Forest, CA 92630-4961
          Telephone: 949-458-4961

               - and -  

          Roger R. Carter, Esq.
          THE CARTER LAW FIRM
          2030 Main Street, Suite 1300
          Irvine, CA 92614-7219
          Telephone: 949-260-4737


TOMOTHERAPY INC: Continues to Face Amended Complaint in Wis.
------------------------------------------------------------
TomoTherapy, Inc., continues to face Consolidated Amended
Complaint filed in the U.S. District Court for the Western
District of Wisconsin, according to the company's Jan. 14, 2010,
Form 10-K/A filing with the U.S. Securities and Exchange
Commission for the fiscal year ended Dec. 31, 2008.

On May 30, 2008 and June 10, 2008, two separate complaints were
filed in the against the company and certain of its officers.

On Oct. 23, 2008, the complaints were consolidated into a
Consolidated Amended Complaint filed in the U.S. District Court
for the Western District of Wisconsin, against the company,
certain of its officers and all of its independent directors
during the period in question.

The consolidated action alleges that the defendants violated the
Securities Act of 1933 with respect to statements made in
connection with the initial and secondary public offerings of the
company's common stock.

The plaintiffs also allege that the defendants violated federal
securities laws by misrepresenting the company's projected
financial outlook during the period May 9, 2007 through April 17,
2008.

The plaintiffs seek to represent persons who purchased the
company's securities between those dates and who were damaged as
a result of the decline in the price of the company's stock,
allegedly attributable to the financial misrepresentations.

The plaintiffs seek compensatory damages in an unspecified
amount.

TomoTherapy, Inc. -- http://www.tomotherapy.com/-- develops,  
manufactures and sells the Hi-Art system, a radiation therapy
system commercially available for the treatment of a variety of
cancers.  The company manufactures each Hi Art system in a
64,000 square foot facility in Madison, Wisconsin.  It markets
the Hi Art system to hospitals and cancer treatment centers in
North America, Europe, the Middle East and Asia-Pacific, and
offer customer support services in each region.  TomoTherapy
also has a collaboration with Lawrence Livermore National
Laboratories with regard to acceleration technology.  North
America, Europe and Asia-Pacific accounted for 56%, 26% and 18%,
respectively, of the company's revenue during the year ended Dec.
31, 2007.  Service revenue comprises a small portion of its total
revenue.


TYSON FOODS: Court Preliminarily Approves Consumer Refunds
----------------------------------------------------------
David Lee at Courthouse News Service reports that a federal judge
signed off on a preliminary settlement of a class action charging
Tyson Foods with falsely advertising that its chickens are raised
without antibiotics.  Tyson agreed to pay up to $50 to anyone who
bought poultry that was labeled antibiotic-free.  Payments will
be capped at $5 million and do not include $3 million in
attorneys fees.

Copies of (i) the Honorable Richard D. Bennett's Preliminary
Approval Order, (ii) the Plaintiffs' Motion for Preliminary
Approval of Settlement and (iii) the Plaintiffs' Memorandum of
Points and Authorities in Support of Motion for Preliminary
Approval of Settlement in In re Tyson Foods, Inc., Chicken Raised
Without Antibiotics Consumer Litigation, Case No. 08-md-01982 (D.
Md.), are available at:

     http://www.courthousenews.com/2010/01/18/TysonSettle.pdf  

A fairness hearing is scheduled for Fri., May 7, 2010, at 10:00
a.m.

The attorneys for the Plaintiffs and the Settlement Class are:

          James P. Ulwick, Esq.
          KRAMON & GRAHAM, P.A.
          One South Street, Suite 2600
          Baltimore, MD 21202
          Telephone: (410) 752-6030

               - and -  

          Scott E. Poynter, Esq.
          Chris D. Jennings, Esq.
          Gina M. Dougherty, Esq.
          EMERSON POYNTER LLP
          The Museum Center
          500 President Clinton Avenue, Suite 305
          Little Rock, AR 72201
          Telephone: (501) 907-2555

               - and -  

          Daniel C. Girard, Esq.
          A. J. De Bartolomeo, Esq.
          Amanda Steiner, Esq.
          Christina H.C. Sharp, Esq.
          GIRARD GIBBS LLP
          601 California Street, Suite 1400
          San Francisco, CA 94108
          Telephone: (415) 981-4800

               - and -  

          Richard S. Lewis, Esq.
          James J. Pizzirusso, Esq.
          HAUSFELD, LLP
          1700 K St., NW, Suite 650
          Washington, DC 20006
          Telephone: (202) 540-7200

               - and -  

          Gary Friedman, Esq.
          Tracey Kitzman, Esq.
          FRIEDMAN LAW GROUP LLP
          270 Lafayette Street, 14th Floor
          New York, NY 10012
          Telephone: (212) 680-5150

                            *********

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

Class Action Reporter is a daily newsletter, co-published by
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Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland
USA.  Gracele D. Canilao, Leah Felisilda and Peter A. Chapman,
Editors.

Copyright 2010.  All rights reserved.  ISSN 1525-2272.

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