CAR_Public/100129.mbx             C L A S S   A C T I O N   R E P O R T E R

            Friday, January 29, 2010, Vol. 12, No. 20

                            Headlines

BLIP TOYS: Recalls 15,000 Lead-Containing Pinto Horse Toy Figures
BRAIN RESEARCH: YouTube Video Exposes Law Firm to Liability
DELL CANADA: Loses Motion to Dismiss Class Action Laptop Lawsuit
HOUSEHOLD FINANCIAL: Settlement Hearing Adjourned to March 5
LIEBHERR-HAUSGERAETE: Recalls 2,700 Single-Door Refrigerators

MACY'S MERCHANDISING: Recalls 9,600 First Impressions Santa Sets
RADIOSHACK CORP: Recalls 6,000 Danbar Knight Hawk Toy Helicopters
REGAL LAGER: Recalls 1,190 CYBEX Strollers
TOYOTA MOTOR: Legal Attack Widens Following Second Auto Recall
UNITED STATES: Vets Suffering PTSD Could See Benefits Upgrade

ZIPPO MANUFACTURING: Recalls 17,500 Candle Lighters

                        Asbestos Litigation

ASBESTOS ALERT: Rubinstein's Fined for Cleanup Breaches at Bend

ASBESTOS UPDATE: PPG Ind. Still Has $534M Settlement at Dec. 31
ASBESTOS UPDATE: Trial in Buckles Lawsuit Scheduled for Feb. 12
ASBESTOS UPDATE: Los Angeles Court Favors Lorillard in Cox Claim
ASBESTOS UPDATE: Cleanup, Demolition of BCMHC to Cost Nearly $1M
ASBESTOS UPDATE: Swales Widow Seeking Help in Compensation Claim

ASBESTOS UPDATE: Workers Exposed to Hazard at Gorgon, Tests Show
ASBESTOS UPDATE: Appeal Court Affirms Dismissal of Gonzalez Case
ASBESTOS UPDATE: Fla. Court Reverses Ruling in Guilder's Lawsuit
ASBESTOS UPDATE: Goodyear Summary Judgment in Dombek Case Denied
ASBESTOS UPDATE: H.B. Fuller Settles 7 Exposure Cases at Nov. 28

ASBESTOS UPDATE: Crane Has $730MM Long-Term Liability at Dec. 31
ASBESTOS UPDATE: Crane Co. Has 66,341 Pending Claims at Dec. 31
ASBESTOS UPDATE: Court Accepts Review of O'Neil Case on Dec. 23
ASBESTOS UPDATE: Crane Co. Still Mulls Appeal in Baccus Verdict
ASBESTOS UPDATE: Crane Co.'s Appeal in Brewer Case Still Pending

ASBESTOS UPDATE: Plaintiffs' Appeal in Woodard v. Crane Pending
ASBESTOS UPDATE: Crane Incurs $110.1Mil for Settlement, Defense
ASBESTOS UPDATE: Ashland Has $906M for Claims Reserve at Dec. 31
ASBESTOS UPDATE: Corning Cites $5M Litigation Charge at Dec. 31
ASBESTOS UPDATE: Miller Case v. 53 Firms Filed Jan. 14 in W.Va.

ASBESTOS UPDATE: Minister Criticized on Brisbane School Incident
ASBESTOS UPDATE: Replacement of County Kerry Pipes Costs EUR30M
ASBESTOS UPDATE: Dobson Family Seeking Info to Help Launch Case
ASBESTOS UPDATE: Pending Cases v. Mallinckrodt at 11T in Dec. 25
ASBESTOS UPDATE: Sealy Records $200T ARO at European Facilities

ASBESTOS UPDATE: 12 Actions Filed From Jan. 11-15 in Madison Co.
ASBESTOS UPDATE: Building in Troy, N.Y. Scheduled for Demolition
ASBESTOS UPDATE: Waterloo Board Seeks More Budget for Abatement
ASBESTOS UPDATE: Jones Widow Seeking Info in Compensation Claim
ASBESTOS UPDATE: U.K. Gov't. to Propose GBP70Mil in Compensation

ASBESTOS UPDATE: U.K. Claims Estimated at GBP11Bil for 2009-2050
ASBESTOS UPDATE: Workplace Relations OKs Asbestos Recommendation
ASBESTOS UPDATE: Warehouse in Torrington, Conn. to be Demolished
ASBESTOS UPDATE: Appeal Court Affirms Board Ruling in Meeks Case
ASBESTOS UPDATE: Split Decision Issued in Gilbert Lawsuit v. DDC

ASBESTOS UPDATE: Md. Appeal Court OKs Judgment in Saville Action
ASBESTOS UPDATE: Appeal Court Affirms Ruling in Action v. Grace
ASBESTOS UPDATE: Court Remands Paine's Claim v. Veterans Affairs
ASBESTOS UPDATE: Supreme Court Reverses Ruling in Kennedy Action
ASBESTOS UPDATE: District Court Junks Dismissal in Phillips Case

                            *********

BLIP TOYS: Recalls 15,000 Lead-Containing Pinto Horse Toy Figures
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Blip Toys, of Minneapolis, Minn., announced a voluntary recall of
about 15,000 Nature Wonders HD Pinto Horse Toy Figures.  
Consumers should stop using recalled products immediately unless
otherwise instructed.

The surface paint coating on the horse contains excessive levels
of lead, violating the federal lead paint standard.

No incidents or injuries have been reported.  

This recall involves the Nature Wonders HD pinto horse toy
figures with model number 92093. The plastic horse is white with
brown spots and measures about 4 inches tall. The model number
and "Nature Wonders HD" are printed on the retail tag wrapped
around the horse's leg.  Pictures of the recalled product are
available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10120.html

The recalled toys were manufactured in China and sold by Walmart
stores nationwide from January 2009 through July 2009 for about
$4.

Consumers should immediately take the recalled toys away from
children and contact Blip Toys to receive a free replacement toy.  
For additional information, please contact Blip Toys toll-free at
(888) 405-7696 between 8:00 a.m. and 5:00 p.m., Central TIme,
Monday through Friday, or visit the firm's Web site at
http://www.bliptoys.com/recall


BRAIN RESEARCH: YouTube Video Exposes Law Firm to Liability
-----------------------------------------------------------
Kate Moser at The Recorder reports that a San Francisco Superior
Court judge on Friday ruled that a Ropers, Majeski, Kohn &
Bentley partner who uploaded a YouTube video reaching out to
potential class action members can't use California's anti-SLAPP
law to ward off a defamation suit.

In denying anti-SLAPP motions by partner Thomas Clarke Jr. and
Ropers Majeski, Judge Harold Kahn reasoned that Clarke's
allegedly defamatory YouTube comments against the maker of a
dietary supplement amounted to an advertisement and thus fall
short of being protected.

"If Clarke's goal is to communicate with potential class members,
there are far more narrowly tailored ways for him to have done
so," Kahn wrote in an 18-page opinion -- a copy of which is
available at http://pdfserver.amlaw.com/ca/youtube0125.pdf-- in  
Brain Research Labs v. Clarke, 491932. "Instead, by invoking the
'new media' of the Internet and its capacity to display videos,
Clarke chose, in a 21st century way, to 'litigate in the press.'"

Judge Kahn noted that no currently citable published decision
speaks to whether the part of the anti-SLAPP law that excludes
commercial speech from its protection applies to a lawyer's ad
soliciting clients for a potential lawsuit. One case is before
the California Supreme Court, he added.

So the judge said he took some guidance from Taheri Law Group v.
Evans, 160 Cal.App.4th 482, a 2008 2nd District Court of Appeal
case that said the commercial speech exception didn't apply to an
attorney's advice to a prospective client. At the same time,
though, that opinion suggested that when a lawyer engages in a
massive ad campaign "divorced from individualized legal advice,"
the commercial speech exception "conceivably might apply." Clarke
filed the class action against Brain Research Labs, maker of a
supplement called Procera, last spring in Marin County Superior
Court. The company then sued Mr. Clarke and Ropers Majeski, as
well as the plaintiff named in the complaint, saying their
defamatory comments have hurt its business.

In its complaint, Brain Research Labs, represented by Los Angeles
firm Younesi & Yoss, quoted at length from Mr. Clarke's nine-
minute YouTube video.  Judge Kahn also cited portions of the
video, for example: "Greetings, I'm Tom Clarke. You probably know
me as the attorney who's very concerned about your health. ...
These scam artists do not care if you live or die. They only want
you to live long enough to give them your money."

The ruling raises big questions for how lawyers go about doing
their work, said:

          Jacqueline Scott Corley, Esq.
          KERR & WAGSTAFFE LLP
          100 Spear Street, Suite 1800
          San Francisco, CA 94105-1528
          Telephone: 415-371-8500

who represents both Ropers Majeski and Mr. Clarke.

"It could really hamper an attorney's ability to communicate with
potential class members if you can't do so on the Internet," Ms.
Corley said.

Ms. Corley pointed to Rubin v. Green, 4 Cal.4th 1187, a 1993
California Supreme Court decision that held that the solicitation
of clients is protected by litigation privilege.

"We don't believe that the development of this communication mode
should change the result," Ms. Corley said.  "Especially here,
where the YouTube video was narrowly directed toward consumers
with an interest in Procera."

But Judge Kahn made the distinction that the attorneys in that
case had directly reached out to potential clients with a known
connection to the potential litigation. "In contrast, the YouTube
video is potentially available to every English-speaking
individual in the world with an Internet connection."

Brain Research Labs had also sued Joseph Rotenberg, the named
plaintiff in the underlying class action.  Judge Kahn granted
Rotenberg's anti-SLAPP motion, saying the company had not showed
it was likely to prevail because it didn't have any admissible
evidence that Rotenberg had indeed said what a reporter
attributed to him on a TV news story about the Procera suit. Mr.
Rotenberg was represented by:

          Zachary Rothenberg, Esq.
          GRODSKY & OLECKI LLP
          2001 Wilshire Boulevard, Suite 210
          Santa Monica, CA 90403
          Telephone: 310-315-3009

Still, a Brain Research Labs attorney called the ruling a
"resounding" victory.

"It sends a very broad message to the legal profession that a
lawyer can't say anything he or she wants with impunity," John
Younesi said.

Ms. Corley said she will appeal.


DELL CANADA: Loses Motion to Dismiss Class Action Laptop Lawsuit
----------------------------------------------------------------
Pav Jordan at Reuters reports that a Canadian court has dismissed
attempts by Dell Canada Inc to stop a class action lawsuit dating
back to 2007 involving 119,000 claims of faulty laptops, the law
firm representing the action said on Monday.

The Toronto law firm Rochon Genova LLP said in a statement the
class action would now be able to proceed against the U.S.-based
computer maker.

A lawyer representing the class:

          Joel Rochon, Esq.
          ROCHON GENOVA LLP
          121 Richmond St. West, Suite 900
          Toronto, Ontario, M5H 2K1
          CANADA
          Telephone: (416) 363-1867

said the case could makes its way before the courts by early
2011.

The suit could claim more than C$238 million ($225 million) from
Dell, lawyers said, and is for customers who bought Dell's 1100,
1150, 5100, 5150 and 5160 Inspiron laptop computers between March
2003 and May 2005.

The class proceeding was filed against Dell in 2007, alleging the
laptops were defective.

Dell, which could not be reached for immediate comment on Monday,
sought to stay the class action on two occasions in Ontario
Superior Court.

Rochon Genova did not disclose the terms of the lawsuit.

Dell Canada, with headquarters in Toronto, is a wholly owned
subsidiary of Texas-based Dell Inc.

Rochon Genova specializes in class action lawsuits for defective
products.


HOUSEHOLD FINANCIAL: Settlement Hearing Adjourned to March 5
------------------------------------------------------------
Amelia Flood at The Madison County Record reports that a
preliminary approval hearing for the settlement of a seven year-
old mortgage fees class action case has been moved to March.

Madison County Circuit Judge Barbara Crowder had been scheduled
to hear arguments in favor of the settlement agreement at 1:30
p.m. Jan. 28.

However, the hearing was moved to March 5, according to a third
amended notice of hearing filed Jan. 25.

The class action, against Household Financial Services Inc., was
one of a spate of similar suits filed between 2003 and 2005.

Lead plaintiffs Paul and LaDonna Wratchford led a class of home
mortgage borrowers who claimed the defendants charged
unreasonable per diem interest fees on their residential
mortgages.

The class sued the company on counts of breach of contract and
unjust enrichment.

The Wratchford case, as well as the other similar pending Madison
County class actions, were filed by a coalition of law firms
including the former Lakin Law Firm -- now Lakin Chapman LLC of
Wood River -- and Freed & Weiss of Chicago.  The partnership
collapsed in 2007.

Earlier this month, former Lakin firm member, Richard Burke,
Esq., of St. Louis, entered his appearance in the case. Since
Burke left the Lakin firm, he has partnered with Freed & Weiss.

Details of the proposed Wratchford settlement are not yet
available.

Household Financial is represented by:

          Nathan P. Eimer, Esq.
          EIMER STAHL KLEVORN & SOLBERG LLP
          224 South Michigan Avenue, Suite 1100
          Chicago, IL 60604

and others of Chicago.

The March hearing is set to begin at 9 a.m.

The case is Madison case number 03-L-541.


LIEBHERR-HAUSGERAETE: Recalls 2,700 Single-Door Refrigerators
-------------------------------------------------------------
The U.S. Consumer Product Safety Commission announced a
cooperative, voluntary recall of about 2,700 Liebherr Built-In
24-Inch Wide Single Door Refrigerators manufactured by Liebherr-
Hausgeraete Ochsenhausen GmbH, of Germany, and imported by
Liebherr-Canada Ltd of Ontario, Canada.  Consumers should stop
using recalled products immediately unless otherwise instructed.

The refrigerator's door can detach, posing an injury hazard to
consumers.

Liebherr has received 13 reports of doors detaching, including
two reports of injuries involving bruising and strains.

This recall involves Liebherr built-in 24-inch wide single door
refrigerators with model numbers R1400, RI1400, RB1400, and
RBI1400 sold individually or as a component of side-by-side
refrigerators. The refrigerators come in stainless steel and
various custom finishes and are built into the kitchen cabinetry.
"Liebherr" is written on the top interior control panel.  The
model number can be found on a label located behind the bottom
drawer on the left interior side of the single door refrigerator.
The side-by-side refrigerators were marketed as model numbers
SBS240, SBS24 I0, SBS245, SBS24I5.  This model number is not
found on the product.  Pictures of the recalled appliances are
available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10122.html

The recalled appliances were manufactured in Germany and sold by
appliance and specialty retailers nationwide from January 2005
through November 2009 for between $2,500 and $3,200.

Consumers with recalled refrigerators should contact Liebherr
immediately to schedule a free in-home repair. Consumers should
check their refrigerator immediately to see whether the door
hinge pin has become loose.  If the hinge has not become loose
and the door is functioning properly, consumers may continue to
use the refrigerator until it is repaired.  For additional
information, contact Liebherr toll-free at (877) 337-2653 Monday
through Friday 8:00 a.m. to 5:00 p.m., Mountain Time, or visit
Liebherr's Web site at http://www.liebherr-appliances.com/


MACY'S MERCHANDISING: Recalls 9,600 First Impressions Santa Sets
----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Macy's Merchandising Group, Inc, of New York, N.Y., announced a
voluntary recall of about 9,600 First Impressions Boy's Three-
Piece Santa Sets. Consumers should stop using recalled products
immediately unless otherwise instructed.

Loose buttons on the suit's jacket may easily detach, posing a
choking hazard to young children.

No incidents or injuries have been reported.

This recall includes First Impressions boy's three-piece Santa
Sets in sizes 0-24 months, including a jacket, pants and hat. For
units sold at Macy's and on macys.com the UPCs are:
0689439416622, 0689439417131, 0689439417148, 0689439417155,
0689439417162, and 0689439417179. For units sold at the Navy
Exchange stores the UPCs are: 0706254537346, 0706254537353,
0706254537360, 0706254537377, 0706254537384, and 0706254537391.
For all products the tracking label information sewn into the
side seam of the top and bottom includes: Style 9131, Supplier
22155, Mfg 34837, Aug. 2009, Macy's Inc.  Pictures of the
recalled garments are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10119.html

The recalled garments were manufactured in China and sold at
Macy's and macys.com, including locations in Puerto Rico, from
September to December 2009, and at U.S. Navy Exchange stores from
November through December 2009 for about $20 to $40.

Consumers should immediately remove the buttons from the jacket
to eliminate the hazard or return the garment to any Macy's or
U.S. Navy Exchange store for a full refund.  For additional
information, contact Macy's toll-free at (888) 257-5949 between
10:00 a.m. and 10:00 p.m., Monday through Friday, or visit Macy's
Web site at http://www.macys.com/


RADIOSHACK CORP: Recalls 6,000 Danbar Knight Hawk Toy Helicopters
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
RadioShack Corp., of Fort Worth, Texas, announced a voluntary
recall of the following products. Consumers should stop using
recalled products immediately unless otherwise instructed.

The battery housing under the helicopter canopy can overheat
while charging, posing a fire hazard.

The firm has received one report of a fire that started while a
store demo toy was charging.  No injuries or property damage have
been reported.

This recall involves Danbar Toys Knight Hawk 3D remote control
helicopters. The helicopter can be identified by model number
006047 marked on the back of the controller and the Knight Hawk
3D logo on the front of the controller. The product was sold at
RadioShack as catalog number 600-0566 (60-566) for ages 8 and up.  
Pictures of the recalled product are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10121.html

The recalled product was manufactured in China and sold at
RadioShack stores, RadioShack dealer franchise stores nationwide
and at www.radioshack.com from October 2009 through November 2009
for about $60.

Consumers should immediately take the helicopters away from
children and return the toy to the nearest RadioShack store for a
full refund.  For additional information, contact RadioShack at
(800) 843-7422 between 8:00 a.m. and 5:00 p.m., Central Time,
Monday through Friday, or visit the firm's Web site at
http://www.radioshack.com/


REGAL LAGER: Recalls 1,190 CYBEX Strollers
------------------------------------------
The U.S. Consumer Product Safety Commission and Health Canada, in
cooperation with Regal Lager Inc., of Kennesaw, Ga., announced a
voluntary recall of about 1,100 CYBEX Strollers in the United
States and 90 in Canada.  Consumers should stop using recalled
products immediately unless otherwise instructed.

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

The firm has received one report of a child placing his finger in
the stroller's hinge mechanism, resulting in a finger fracture.

This recall involves Ruby, Onyx and Topaz models of CYBEX
umbrella strollers.  "CYBEX" is printed on the side of the
strollers.  Pictures of the recalled product are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10123.html

The recalled strollers were manufactured in China and sold at
department and juvenile product stores nationwide between August
2009 and November 2009 for between $140 and $260.

Consumers should immediately stop using the recalled strollers
and contact Regal Lager to receive a free hinge cover retrofit
kit.  For additional information, contact the Company Service
Center at (800) 593-5522 between 8:30 a.m. and 5:30 p.m., Eastern
Time, Monday through Friday or visit the firm's Web site at
http://www.regallager.com/recallsor e-mail the firm at  
info@regallager.com


TOYOTA MOTOR: Legal Attack Widens Following Second Auto Recall
--------------------------------------------------------------
Amanda Bronstad at The National Law Journal reports that a lawyer
with a pending lawsuit against Toyota has filed a new suit in
light of the carmaker's recent recall of 2.3 million vehicles due
to sticking accelerator pedals. "What we have is a fleet of
automobiles that accelerate when people don't intend them to,"
said:

          Michael Louis Kelly, Esq.
          KIRTLAND & PACKARD LLP
          2361 Rosecrans Avenue, Fourth Floor
          El Segundo, California 90245
          Telephone: 310-536-1000

who filed a class action on last week against Toyota on behalf of
its customers.  The recall, announced last week, is the second in
recent months for Toyota.


UNITED STATES: Vets Suffering PTSD Could See Benefits Upgrade
-------------------------------------------------------------
NWCN.com reports that the Defense Department has agreed to
expedite the claims of possibly thousands of Iraq and Afghanistan
military veterans who suffer from post-traumatic stress disorder
(PTSD) but have been denied benefits, a veterans group announced
Monday.

More than 4,000 veterans could be eligible for benefits available
from a class-action lawsuit if they left the military because of
PTSD, the veterans' advocacy group National Veterans Legal
Services said at a press conference in Washington.

The original class-action suit was filed in December 2008 by
seven veterans who suffer from PTSD but who were denied a
required rating to make them eligible for a variety of long-term
benefits.

A federal judge in Washington last month accepted a list of some
4,300 veterans who may also have been improperly denied the
benefits. A court-authorized mailing is now going out to veterans
on the list, telling them they can "opt in" and join the class-
action suit if they qualify.

"The legal notice gives thousands of veterans the right to join
this class action under terms that are likely to result in
millions of dollars in monetary and health care benefits," said
Bart Stichman, a spokesman for National Veterans Legal Services.
Eligible veterans who respond to the notices will receive an
expedited review of their disability rating and, if applicable, a
correction of their military records to comply with the law.
Benefits then would begin for a six-month period until a further
review and resolution of each medical case to establish
permanent, long-term payouts.

"I fought one war for my country abroad, but I now am fighting a
different battle here at home," said former U.S. Marine Cpl.
Tyler Einarson, 28, "the battle to get health care benefits to
which I and thousand of other servicemen are entitled."
Most of those eligible to join the lawsuit received disability
discharges related to their military service in Iraq or
Afghanistan from December 2002 through mid-October, 2008, when
the Defense Department is thought to have ended the challenged
denials.

Additional information about Sabo, et al. v. United States,
CaseNo. 08-899C (Fed. Cl.), is available at:

          http://ptsdlawsuit.com/


ZIPPO MANUFACTURING: Recalls 17,500 Candle Lighters
---------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Zippo Manufacturing Company, of Bradford, Pa., announced a
voluntary recall of about 17,500 Zippo Slatkin & Co. Candle
Lighters.  Consumers should stop using recalled products
immediately unless otherwise instructed.

The recalled candle lighters can produce an excessive flame when
adjusted to maximum flame setting, posing a burn hazard to
consumers.

No incidents or injuries have been reported.

This recall involves the Zippo Slatkin & Co. candle lighters with
date codes G09 or H09.  The lighters are finished in high-polish
chrome or white with a chrome nozzle.  The lighter uses
refillable butane fuel and measures 6.5 inches long and 1 inch
wide.  The date code is embossed on the black adjuster knob
located on the end of the lighter (opposite to the nozzle).  
"Slatkin & Co." and "Zippo" are printed on the packaging. "Zippo"
is also embossed on the product.  Pictures of the recalled
product are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10124.html

The recalled candle lighters were manufactured in China and aold
at Bath & Body Works and White Barn Candle stores nationwide and
online in November 2009 for about $10.

Consumers should immediately stop using this product and contact
Zippo for information on returning the black adjuster knob and
receiving a free replacement Zippo candle lighter.  For
additional information, please contact Zippo at (800) 320-7490
between 8:30 a.m. and 4:30 p.m., Eastern Time, Monday through
Friday, or visit the firm's Web site at
http://www.Zippominimplrecall.com/


                       Asbestos Litigation


ASBESTOS ALERT: Rubinstein's Fined for Cleanup Breaches at Bend
---------------------------------------------------------------
The Oregon Department of Environmental Quality fined Rubenstein's
Contract Carpet LLC US$1,800 for allowing unlicensed persons to
perform an asbestos abatement project at Bend Senior High School
last September 2009, according to an Oregon DEQ press release
dated Jan. 25, 2010.

The Eugene, Ore.-based Company is a commercial flooring
contractor with offices throughout Oregon and Washington.

DEQ reported that on Sept. 3. 2009, Rubenstein's subcontractors
used scrapers and putty knives to remove 20 square feet of
asbestos-containing floor tile at Bend Senior High School, 230 NE
Sixth St. in Bend, Ore.

Neither Rubinstein's nor its subcontractors were certified or
licensed by DEQ to perform asbestos abatement projects.

The subcontractors broke up the asbestos-containing flooring
materials and did not comply with applicable asbestos
regulations. This had the potential to cause a release of
asbestos fibers to the atmosphere.

In addition to assessing the penalty for unlicensed asbestos
work, DEQ cited Rubinstein's for openly accumulating asbestos-
containing waste. The subcontractors had improperly packaged and
labeled the asbestos waste and allowed it to be disposed of in a
garbage bin outside the high school. DEQ did not issue a penalty
for this violation.

Rubenstein's Contract Carpet LLC appealed the penalty in late
December 2009.


ASBESTOS UPDATE: PPG Ind. Still Has $534M Settlement at Dec. 31
---------------------------------------------------------------
PPG Industries, Inc.'s asbestos settlement (under current
liabilities is still at US$534 million as of Dec. 31, 2009, the
same as for the period ended Sept. 30, 2009, according to a
Company press release filed with the U.S. Securities and Exchange
Commission on Jan. 21, 2010.

During the year ended Dec. 31, 2008, the Company's asbestos
settlement (under current liabilities) was US$491 million.

Net asbestos settlement expense was US$2 million during the
fourth quarter of 2009, and net asbestos settlement income was
US$3 million during the fourth quarter of 2008.

Net asbestos settlement expense was US$8 million during the full
year of 2009, compared with US$2 million during the full year of
2008.

Net asbestos settlement was US$3 million during the three months
ended Dec. 31, 2009, compared with US$5 million during the three
months ended Dec. 31, 2008.

Net asbestos settlement was US$13 million during the year ended
Dec. 31, 2009, compared with US$4 million during the year ended
Dec. 31, 2008.

Headquartered in Pittsburgh, PPG Industries, Inc. supplies
paints, coatings, optical products, specialty materials,
chemicals, glass and fiber glass. The Company has more than 140
manufacturing facilities and equity affiliates and operates in
more than 60 countries. Sales in 2009 were US$12.2 billion.


ASBESTOS UPDATE: Trial in Buckles Lawsuit Scheduled for Feb. 12
---------------------------------------------------------------
Trial in a lawsuit regarding Judy Buckles' asbestos legal
malpractice case against the law firm of Hopkins Goldenberg is
slated for Feb. 12, 2010 in Madison County Circuit Court, Ill.,
The Madison St. Clair Record reports.

Madison County Circuit Judge Barbara Crowder must determine to
handle the witness in the Feb. 12, 2010 trial. Mrs. Buckles, who
claims Hopkins Goldenberg mismanaged her late husband's asbestos
exposure suit, has scheduled a deposition of the firm on Feb. 2,
2010.

The firm, now Goldenberg, Heller, Antognoli, Rowland, Short and
Gori, moved on Jan. 8, 2010 to quash the deposition notice.

Michael Hannigan of Geneva, Ill., wrote, "Plaintiff has not
previously disclosed the unnamed, proposed deponent of the
present notice as a witness in this case."

Mr. Hannigan added, "Unless plaintiff can identify a specific
witness that has previously been properly disclosed, that has not
previously been deposed and would not otherwise be available to
testify at the scheduled trial on this matter, the present notice
is improper."

Mr. Hannigan wrote that Mrs. Buckles has already deposed former
partners John Hopkins, Esq., and Mark Goldenberg, Esq., five
other lawyers and the firm's former office manager.

Roy Dripps, Esq., of Armbruster, Dripps, Winterscheidt and
Blotevogel in Alton, Ill., filed the notice for Mrs. Buckles on
Dec. 29, 2009.

Mr. Dripps asked the defense to designate one or more persons to
testify about the asbestos case and a decision to transfer it to
John Simmons when he left the firm in 2000. Mr. Dripps asked for
the identity of every defendant that remained viable after the
firm terminated its representation of Mrs. Buckles.

Mr. Dripps asked for descriptions of evidence the firm generated
for exposure of the late Lewis Buckles to products containing
asbestos. Mr. Dripps asked for a description of each mesothelioma
death case the firm has settled, the identity of each settling
defendant and the amount paid.

Mr. Dripps asked for each and every reason that the firm
dismissed each defendant in the Buckles case.

Mrs. Buckles filed the suit in 2001, dismissed it, and re-filed
it in 2006.


ASBESTOS UPDATE: Los Angeles Court Favors Lorillard in Cox Claim
----------------------------------------------------------------
A Los Angeles state court jury, on Jan. 19, 2010, returned a
defense verdict for Lorillard Tobacco Company in an asbestos case
filed by mesothelioma victim Robert Cox and his wife Roberta Cox,
The AM Law Litigation Daily reports.

The Cox couple sought US$15 million. Lorillard's Kent brand was
made with asbestos filters from 1952 to 1956.

The jury found that although Mr. Cox established that he smoked
Kent cigarettes, Lorillard was not negligent, had not failed to
warn of any known danger associated with the cigarettes, and that
the cigarettes did not contain a design defect. The jury also
returned a defense verdict for Hollingsworth Vose, which made the
asbestos filter paper.

According to Lorillard attorney David Thorne, Esq., this is the
sixth consecutive Kent filter case that his firm, Shook Hardy &
Bacon, has won for Lorillard. Of the 19 that they have taken to
trial, they have won 15. Mr. Thorne estimates that fewer than 30
of these cases remain.

Mr. Thorne was assisted by Shook Hardy's James Berger, Esq., and
Randy Haimovici, Esq., along with Ricardo Cedillo, Esq., of San
Antonio's Davis, Cedillo & Mendoza. Andrew McElaney, Esq., of
Nutter, McClennen & Fish represented Hollingsworth Vose.

Mr. Thorne argued that Mr. Cox could have contracted mesothelioma
from his job as an HVAC repairman and from asbestos left on the
clothes of his father, who worked at a shipyard. Mr. Thorne also
explained that during the 1950s, asbestos was commonly used in
filters for a range of products, including hospital masks, and
that Lorillard used it to try to reduce smokers' exposure to tar
and nicotine.

Mr. Thorne added, "When a jury hears the state of knowledge in
the fifties, and that Lorillard was trying to do a good thing, it
takes on a whole new light."


ASBESTOS UPDATE: Cleanup, Demolition of BCMHC to Cost Nearly $1M
----------------------------------------------------------------
The asbestos abatement and demolition of the Brown County Mental
Health Center (BCMHC) in Brown County, Wis., is estimated to cost
nearly US$1 million, Mesothelioma reports.

BCMHC, located at 2900 Saint Anthony Drive in Green Bay, was home
to three elder care units, two developmentally disabled adult
units, an adult psychiatric care unit and a juvenile psychiatric
unit, as well as outpatient clinics for substance abuse, mental
health evaluations and emergency care.

In all, 150 residents and an estimated 12,000 outpatients
annually received treatment in the 123-year old building.
However, Pat Evans, Brown County Human Services Committee
chairman, believes the only way to make the property safe is to
take it down: renovation and repurposing are not solutions, given
the heritage of asbestos inside its walls.

The BCMHC has large amounts of asbestos, in the boiler insulation
and boiler pipe wrap, as well as in wall insulation, ceiling
insulation and soundproofing, floor tiles and mastics, and even
the insulation caulk installed around wind and door frames.

Demolition of the BCMHC would not seriously impact area
residents, because in October 2009, Brown County built a new
mental health center, the US$21-million Community Treatment
Center at 3150 Gershwin Drive.

While smaller than the BCMHC, this LEED-certified center includes
a 63-bed nursing home, a fully funded adult and adolescent
psychiatric unit, and an outpatient clinic.


ASBESTOS UPDATE: Swales Widow Seeking Help in Compensation Claim
----------------------------------------------------------------
Audrey Swales, the widow of Deryk Swales, of Worsthorne, Burnley,
England, is appealing for Mr. Swales' past workmates to get in
touch so she can fight for justice, the Burnley Express reports.

Mr. Swales, who in 2009, died at the age of 79 from asbestosis.
He had lived for most of his life in Burnley and worked at the
English Electrical Company (now British Aerospace) and at
hospital sites in the area.

Solicitor Katrina London, of law firm Irwin Mitchell, represents
Mrs. Swales. She said, "Audrey believes Deryk was exposed to
asbestos during the course of his working life at the English
Electrical Company and Burnley hospitals during the '50s, '60s
and '70s, and we would like to hear from anyone who worked with
and knew Deryk Swales at either of these locations."

Mr. Swales worked as an engineer and aircraft fitter for English
Electric Company Ltd between 1958 and 1968. He worked on
Lightning aero planes at premises in Clayton-Le-Moors and
Samlesbury, where Mrs. Swales remembers him commenting on being
exposed to asbestos.

Later, between about 1968 and 1973, Mr. Swales was employed as an
engineer at hospitals in the Burnley area, covering every
premises in the group at that time - the General, Victoria, Bank
Hall and the Marsden in Burnley, Reedyford Hospital, Nelson, and
Hartley Hospital, Colne. His work involved maintaining theater
equipment, sterilization units and the fabric of the buildings.

Ms. London said it was hoped other employees of English Electric
Company Ltd and Burnley General Hospital will be able to shed
light on how asbestos was used during Mr. Swales' employment.


ASBESTOS UPDATE: Workers Exposed to Hazard at Gorgon, Tests Show
----------------------------------------------------------------
UnionsWA secretary Simone McGurk, on Jan. 21, 2010, said that
laboratory testing of samples around the Gorgon gas project area
on Barrow Island, off Western Australia, came back positive for
blue and white asbestos, therefore exposing workers to the
hazard, The Sunday Times reports.

UnionsWA and the Maritime Union of Australia say Gorgon joint
venture leader Chevron Corporation failed to warn workers they
were carrying drums that contained asbestos and which spilled
during the clearing operation.

Ms. McGurk said the biggest concern was for workers who may have
been exposed to fibers. She said, "Unions raised this issue with
Chevron over a week ago, but so far there has been no response."

MUA secretary Chris Cain said workers handled some drums that
were not marked or sealed properly and had not been warned about
their deadly cargo. He said, "It seems that asbestos has spilled
onto the pallets and the dirt surrounding the work area."

A Chevron spokeswoman said the unions were aware that as part of
the Barrow Island clearing process, asbestos had been put into
plastic and then into sealed and marked drums. She said the
Company's investigations into the matter had to cover a number of
contractors involved in the collection and remediation process.

Ms. McGurk said unions were also critical of the response by
WorkSafe, whose officers had taken a week to get to the site. She
said further testing around Gorgon's loading and supply base
facilities in Dampier, Western Australia, had also revealed the
presence of asbestos.


ASBESTOS UPDATE: Appeal Court Affirms Dismissal of Gonzalez Case
----------------------------------------------------------------
The Appeals Court of Massachusetts affirmed the ruling of the
Superior Court in Massachusetts, which dismissed Ramon Gonzalez's
claim involving asbestos abatement filed against DEC-TAM and
other defendants.

The case is styled Ramon Gonzalez v. Steve Johnson & others.

Judges Janis M. Berry, R. Malcolm Graham and William J. Meade
entered judgment in Case No. 09-P-472 on Dec. 21, 2009.

Mr. Gonzalez filed a negligence action against those responsible
for supervision and management of a construction site in
Connecticut after he sustained injuries while working at the
site.

A Superior Court judge allowed the defendants' motion to dismiss,
finding that Mr. Gonzalez's claim was barred by Connecticut's
statute of limitations applicable to negligence claims.

Mr. Gonzalez was injured on Aug. 29, 2004, while he was
performing asbestos removal work in Connecticut. At the time of
the injury, he was working for Methuen Abatement Staffing, Inc.,
which defendant DEC-TAM engaged to conduct the asbestos removal.

On Aug. 11, 2006, Mr. Gonzalez filed a complaint in the Superior
Court in Massachusetts naming himself and his minor children as
plaintiffs. The judge found that Connecticut law applied, and
dismissed the complaint because it was not served on the
defendants by Aug. 29, 2006.


ASBESTOS UPDATE: Fla. Court Reverses Ruling in Guilder's Lawsuit
----------------------------------------------------------------
The District Court of Appeal of Florida, Third District, reversed
the ruling of the Circuit Court for Miami-Dade County, which
awarded Stephen Guilder and his children damages totaling
US$24.17 million, for injuries sustained from asbestos exposure.

The case is styled Honeywell International, Inc., etc., Appellant
v. Stephen Guilder, et al., Appellees.

Judges David M. Gersten, Leslie B. Rothenberg and Barbara Lagoa
entered judgment in Case No. 3D08-1747 on Dec. 23, 2009.

Honeywell International, Inc. appealed an adverse final judgment
awarding Mr. Guilder and his children damages in the amount of
US$24.14 million for injuries sustained from asbestos exposure.

In the 1970s and 1980s, Mr. Guilder was exposed to chrysotile
asbestos when he: remodeled an attic, worked as a road
construction worker, and repaired automobiles. More than 20 years
later, he developed peritoneal mesothelioma.

Mr. Guilder sued Honeywell, as the successor manufacturer of
Bendix brake pads, Honda, BorgWarner, and several other
defendants that settled before trial, for injuries sustained from
asbestos exposure. Mr. Guilder sought to link his disease to his
brief exposures to asbestos.

Shortly before trial, Honeywell filed various motions in limine.
One motion sought to exclude or redact a Bendix employee's letter
to an asbestos supplier written in the late 1960s on grounds of
relevance. The trial judge denied this motion. The case then
proceeded to trial.

After Honeywell rested, Mr. Guilder moved for directed verdict on
Honeywell's claim that the verdict form should include various
third parties, like Honda and BorgWarner, as Fabre defendants.
The trial judge granted the motion and did not include the Fabre
defendants on the verdict form.

The jury awarded Mr. Guilder over US$24 million in damages, which
included US$10.4 million for Mr. Guilder's children for loss of
parental consortium.

After trial, Honeywell moved for a new trial, or in the
alternative for judgment in accordance with the prior motion for
directed verdict and/or motion for remittitur. Honeywell also
moved to alter or amend the judgment and for collateral source
setoff. The trial judge denied all post-trial motions. Honeywell
appealed.

The matter was remanded for a new trial.


ASBESTOS UPDATE: Goodyear Summary Judgment in Dombek Case Denied
----------------------------------------------------------------
The Superior Court of Connecticut, Judicial District of
Fairfield, denied The Goodyear Tire and Rubber Company's Motion
for Summary Judgment in an asbestos case styled Lucy Dombek,
Executrix of the Estate of John Dombek et al. v. A.W. Chesterton
Co. et al.

Judge David W. Skolnick entered judgment in Case No.
FBTCV065005600S on Nov. 25, 2009.

Goodyear moved for summary judgment on the claim that no Goodyear
product containing asbestos has been identified as a product with
which John Dombek came into contact while working as a mechanical
designer and eventually a senior designer at United Technologies
Research Center (UTC) in East Hartford, Conn., from 1950 until
his retirement in 1977.

Mr. Dombek then returned to work in 1979 as an independent
contractor at UTC and worked from 1982 to 1988.


ASBESTOS UPDATE: H.B. Fuller Settles 7 Exposure Cases at Nov. 28
----------------------------------------------------------------
H.B. Fuller Company settled seven asbestos-related lawsuits and
claims during the year ended Nov. 28, 2009, compared with five
lawsuits and claims during the year ended Nov. 29, 2008,
according to the Company's annual report filed with the U.S.
Securities and Exchange Commission on Jan. 22, 2010.

During the years ended Nov. 28, 2009 and Nov. 29, 2008, the
Company reached settlements of US$800,000. The Company also
recorded US$600,000 as insurance payments received or expected to
be received.

The Company has been named as a defendant in lawsuits in which
plaintiffs have alleged injury due to products containing
asbestos manufactured more than 25 years ago. The plaintiffs
bring these lawsuits against multiple defendants and seek damages
(both actual and punitive) in very large amounts.

During the fourth quarter of 2007, the Company and a group of
other defendants entered into negotiations with certain law firms
to settle a number of asbestos-related lawsuits and claims over a
period of years.

In total, the Company expects to contribute up to US$4.1 million
towards the settlement amount to be paid to the claimants in
exchange for a full release of claims. Of this amount, the
Company's insurers have committed to pay US$2 million based on a
probable liability of US$4.1 million. In 2009, US$1.1 million was
paid toward this settlement, with the Company's insurers paying
US$500,000 of that amount.

Given that the remaining settlement payouts are expected to occur
over a period of years and that the accrual is based on the
maximum number of cases to be settled, the Company applied a
present value approach and has accrued US$2.9 million and
recorded a receivable of US$1.5 million as of Nov. 28, 2009.

The Company's probable liabilities related to asbestos claims
were US$3.5 million as of Nov. 28, 2009.

Headquartered in St. Paul, Minn., H.B. Fuller Company formulates,
manufactures and markets adhesives, sealants, paints and other
specialty chemical products.


ASBESTOS UPDATE: Crane Has $730MM Long-Term Liability at Dec. 31
----------------------------------------------------------------
Crane Co.'s long-term asbestos liability amounted to
US$730,013,000 as of Dec. 31, 2009, compared with US$839,496,000
as of Dec. 31, 2008, according to a Company report filed on Jan.
26, 2010 by the U.S. Securities and Exchange Commission.

The Company's long-term asbestos liability was US$760,184,000 as
of Sept. 30, 2009. (Class Action Reporter, Oct. 30, 2009)

The Company's current asbestos liability amounted to US$91
million as of both Dec. 31, 2009 and Dec. 31, 2008.

The Company's long-term asbestos insurance receivable amounted to
US$213,004,000 as of Dec. 31, 2009, compared with US$260,660,000
as of Dec. 31, 2008.

The Company's current asbestos insurance receivable amounted to
US$35.3 million as of Dec. 31, 2009, compared with US$41.3
million as of Dec. 31, 2008.

Asbestos-related payments, net of insurance recoveries, were
US$21,039,000 during the three months ended Dec. 31, 2009,
compared with US$23,168,000 during the three months ended Dec.
31, 2008.

Asbestos-related payments, net of insurance recoveries, were
US$55,827,000 during the 12 months ended Dec. 31, 2009, compared
with US$58,083,000 during the 12 months ended Dec. 31, 2008.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products and
solutions to customers in the aerospace, electronics, hydrocarbon
processing, petrochemical, chemical, power generation, automated
merchandising, transportation and other markets.


ASBESTOS UPDATE: Crane Co. Has 66,341 Pending Claims at Dec. 31
---------------------------------------------------------------
Crane Co. faced 66,341 asbestos claims as of Dec. 31, 2009,
compared with 74,872 claims as of Dec. 31, 2008, according to a
Company report, on Form 8-K, filed on Jan. 26, 2010 by the U.S.
Securities and Exchange Commission.

The Company faced 70,282 asbestos claims as of Sept. 30, 2009,
compared with 76,181 claims as of Sept. 30, 2008. (Class Action
Reporter, Oct. 30, 2009)

As of Dec. 31, 2008, the Company noted 3,664 new claims, 1,024
settlements and 11,171 dismissals. As of Dec. 31, 2008, the
Company noted 4,671 new claims, 1,236 settlements, and 9,562
dismissals.

Of the 66,341 pending claims as of Dec. 31, 2009, about 25,100
claims were pending in New York, about 14,200 claims were pending
in Mississippi, about 9,900 claims were pending in Texas and
about 2,100 claims were pending in Ohio.

Substantially all of the claims the Company resolves are either
dismissed or concluded through settlements. To date, the Company
has paid two judgments arising from adverse jury verdicts in an
asbestos matter.

The first payment, in the amount of US$2.54 million, was made on
July 14, 2008, about two years after the adverse verdict, in the
Joseph Norris matter in California, after the Company had
exhausted all post-trial and appellate remedies.

The second payment in the amount of US$20,000 was made in June
2009 after an adverse verdict in the Earl Haupt case in Los
Angeles on April 21, 2009.

During the fourth quarter of 2007 and the first quarter of 2008,
the Company tried several cases resulting in defense verdicts by
the jury or directed verdicts for the defense by the court.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products and
solutions to customers in the aerospace, electronics, hydrocarbon
processing, petrochemical, chemical, power generation, automated
merchandising, transportation and other markets.


ASBESTOS UPDATE: Court Accepts Review of O'Neil Case on Dec. 23
---------------------------------------------------------------
Crane Co. says that, on Dec. 23, 2009, the Supreme Court of
California accepted review of the Patrick O'Neil asbestos claim
against the Company, according to a Company report, on Form 8-K,
filed on Jan. 26, 2010 by the U.S. Securities and Exchange
Commission.

In Los Angeles, the O'Neil claim was reversed on appeal and is
currently the subject of further appellate proceedings before the
Supreme Court.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products and
solutions to customers in the aerospace, electronics, hydrocarbon
processing, petrochemical, chemical, power generation, automated
merchandising, transportation and other markets.


ASBESTOS UPDATE: Crane Co. Still Mulls Appeal in Baccus Verdict
---------------------------------------------------------------
Crane Co. still intends to pursue all available right to appeal a
verdict in favor of James Baccus, according to a Company report,
on Form 8-K, filed on Jan. 26, 2010 by the U.S. Securities and
Exchange Commission.

On March 14, 2008, the Company received an adverse verdict in the
James Baccus claim in Philadelphia, with compensatory damages of
US$2.45 million and additional damages of US$11.9 million.

The Company's post-trial motions were denied by order dated Jan.
5, 2009.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products and
solutions to customers in the aerospace, electronics, hydrocarbon
processing, petrochemical, chemical, power generation, automated
merchandising, transportation and other markets.


ASBESTOS UPDATE: Crane Co.'s Appeal in Brewer Case Still Pending
----------------------------------------------------------------
Crane Co. is still pursuing an appeal in the Chief Brewer
asbestos-related claim, according to a Company report, on Form 8-
K, filed on Jan. 26, 2010 by the U.S. Securities and Exchange
Commission.

On May 16, 2008, the Company received an adverse verdict in the
Chief Brewer claim in Los Angeles. The amount of the judgment
entered was US$680,000 plus interest and costs.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products and
solutions to customers in the aerospace, electronics, hydrocarbon
processing, petrochemical, chemical, power generation, automated
merchandising, transportation and other markets.


ASBESTOS UPDATE: Plaintiffs' Appeal in Woodard v. Crane Pending
---------------------------------------------------------------
Plaintiffs' appeal over a ruling in favor of Crane Co., in the
Dennis Woodard asbestos claim, continues to be pending.

On Feb. 2, 2009, the Company received an adverse verdict in the
Dennis Woodard claim in Los Angeles. The jury found that the
Company was responsible for one-half of one percent (0.5 percent)
of plaintiffs' damages of US$16.93 million.

However, based on California court rules on allocation and
damages, judgment was entered against the Company in the amount
of US$1.65 million, plus costs.

Following entry of judgment, the Company filed a motion with the
trial court requesting judgment in the Company's favor
notwithstanding the jury's verdict.

On June 30, 2009 the court advised that the Company's motion was
granted and judgment was entered in favor of the Company.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products and
solutions to customers in the aerospace, electronics, hydrocarbon
processing, petrochemical, chemical, power generation, automated
merchandising, transportation and other markets.


ASBESTOS UPDATE: Crane Incurs $110.1Mil for Settlement, Defense
---------------------------------------------------------------
Crane Co.'s gross settlement and defense costs incurred (before
insurance recoveries and tax effects) totaled US$110.1 million
for the year ended Dec. 31, 2009 and US$97.1 million for the year
ended Dec. 31, 2008, according to a Company report, on Form 8-K,
filed on Jan. 26, 2010 by the U.S. Securities and Exchange
Commission.

The Company's gross settlement and defense costs incurred (before
insurance recoveries and tax effects) were US$86.1 million in the
nine-month period ended Sept. 30, 2009 and US$71.1 million in the
nine-month period ended Sept. 30, 2008. (Class Action Reporter,
Oct. 30, 2009)

Cumulatively to date through Dec. 31, 2009, the Company has
resolved (by settlement or dismissal) about 62,300 claims.

The related settlement cost incurred by the Company and its
insurance carriers is about US$228 million, for an average cost
per resolved claim of US$3,654. The average cost per claim
resolved was US$4,781 during the year ended Dec. 31, 2009 and
US$4,186 during the year ended Dec. 31, 2008.

Headquartered in Stamford, Conn., Crane Co. manufactures highly
engineered industrial products. The Company provides products and
solutions to customers in the aerospace, electronics, hydrocarbon
processing, petrochemical, chemical, power generation, automated
merchandising, transportation and other markets.


ASBESTOS UPDATE: Ashland Has $906M for Claims Reserve at Dec. 31
----------------------------------------------------------------
Ashland Inc.'s noncurrent asbestos litigation reserve was US$906
million as of Dec. 31, 2009, compared with US$807 million as of
Dec. 31, 2008, according to a Company press release dated Jan.
26, 2010.

The Company's noncurrent asbestos insurance receivable was US$484
million as of Dec. 31, 2009, compared with US$447 million as of
Dec. 31, 2008.

Headquartered in Covington, Ky., Ashland Inc. provides specialty
chemical products, services and solutions for many of the world's
most essential industries. It operates through five commercial
units: Ashland Aqualon Functional Ingredients, Ashland Hercules
Water Technologies, Ashland Performance Materials, Ashland
Consumer Markets (Valvoline) and Ashland Distribution.


ASBESTOS UPDATE: Corning Cites $5M Litigation Charge at Dec. 31
---------------------------------------------------------------
Corning Incorporated, in the fourth quarter of 2009, recorded
charges of US$5 million (US$3 million after-tax) to adjust the
asbestos litigation liability for the change in value of the
components of the Amended Pittsburgh Corning Corporation (PCC)
Plan of Reorganization.

In the third quarter of 2009, the Company recorded charges of
US$6 million (US$4 million after-tax) to adjust the asbestos
litigation liability for the change in value of the components of
the Amended PCC Plan. (Class Action Reporter, Oct. 30, 2009)

On March 28, 2003, the Company announced that it had reached
agreement with the representatives of asbestos claimants for the
settlement of all current and future asbestos claims against the
Company and PCC that might arise from PCC products or operations
(the 2003 Plan).

On Dec. 21, 2006, the Bankruptcy Court issued an order denying
confirmation of the 2003 Plan. On Jan. 10, 2008, some of the
parties in the proceeding advised the Bankruptcy Court that they
had made substantial progress on an amended plan of
reorganization (the Amended PCC Plan) that resolved issues raised
by the Court in denying the confirmation of the 2003 Plan.

As a result of progress in the parties' continuing negotiations,
the Company said it believes the Amended PCC Plan now represents
the most probable outcome of this matter and the probability that
the 2003 plan will become effective has diminished. The proposed
settlement under the Amended PCC Plan requires the Company to
contribute its equity interest in PCC and Pittsburgh Corning
Europe, N.V. (PCE) and to contribute a fixed series of cash
payments recorded at present value.

The Company will have the option to contribute shares rather than
cash, but the liability is fixed by dollar value and not number
of shares. As a result, the estimated asbestos litigation
liability is no longer impacted by movements in the value of
Corning common stock.

The Amended PCC Plan does not include non-PCC asbestos claims
that may be or have been raised against the Company.

The Company has recorded an additional amount for such claims in
its estimated asbestos litigation liability.

Asbestos litigation charge was US$5 million during the three
months ended Dec. 31, 2009. Asbestos litigation credit was US$28
million during the three months ended Dec. 31, 2008.

Asbestos litigation charge was US$20 million during the year
ended Dec. 31, 2009. Asbestos litigation credit was US$340
million during the year ended Dec. 31, 2008.

Headquartered in Corning, N.Y., Corning Incorporated produces
specialty glass and ceramics. The Company creates and makes
keystone components that enable high-technology systems for
consumer electronics, mobile emissions control,
telecommunications and life sciences.


ASBESTOS UPDATE: Miller Case v. 53 Firms Filed Jan. 14 in W.Va.
---------------------------------------------------------------
An asbestos lawsuit styled Charles Ronald Miller and Nola A.
Miller vs. A.K. Steel Corporation, A.W. Chesterton Company,
Amdura Corporation, et al. was filed on Jan. 14, 2010 in Kanawha
County Circuit Court, W.Va., The West Virginia Record reports.

Charles Roland Miller worked for the 53 defendants throughout his
career and was diagnosed with lung cancer on Sept. 18, 2009. He
claims he smoked one and one-half packs of cigarettes per day
from the late 1960s until 1991.

The Millers claim the defendants caused Mr. Miller's lung cancer.
They are seeking for a trial by jury to resolve all issues
concerning their asbestos-related case.

Cindy J. Kiblinger, Esq., and Victoria Antion, Esq., represent
the Millers in Case No.: 10-C-0079. The case is assigned to a
visiting judge.


ASBESTOS UPDATE: Minister Criticized on Brisbane School Incident
---------------------------------------------------------------
The Queensland opposition has accused state Education Minister
Geoff Wilson of misleading parliament over an asbestos issue at
the Indooroopilly State High School in Brisbane, Australia, The
Sydney Morning Herald reports.

Indooroopilly MP Scott Emerson has asked Speaker John Mickel to
investigate what he says is conflicting information Mr. Wilson
gave about inspections at the school.

Mr. Emerson said that when Mr. Wilson was asked in parliament in
December 2009 when the school was last inspected he replied it
was in March 2009.

However, in a later media statement, Mr. Wilson said an
inspection was carried out in mid-November 2009, Mr. Emerson
said. He added, "Queensland parents, their children and school
staff expect the Bligh government will be accurate and honest
when answering questions in parliament, especially on matters as
potentially dangerous as asbestos."


ASBESTOS UPDATE: Replacement of County Kerry Pipes Costs EUR30M
---------------------------------------------------------------
The replacement of asbestos water mains in County Kerry, Ireland,
is estimated to cost more than EUR30 million, the Irish Examiner
reports.

About 304 kilometers (11.25 percent of the total) of asbestos
pipes in are found in Kerry County Council's network of water
mains.

Councilor Michael Gleeson said many of the pipes were more than
30-years-old, an age at which they could deteriorate rapidly. He
said breaks were occurring frequently in some areas, especially
in Fossa, Killarney, with staff being called to repair leaks to a
degree that was embarrassing for everyone.

According to a report from council's water department, the
average age of the asbestos pipes is 35 years and a small
proportion of the network is prone to bursts, or significant
leaks.

Engineers have estimated that up to 40 percent of water in public
supplies throughout Kerry is wasted.


ASBESTOS UPDATE: Dobson Family Seeking Info to Help Launch Case
---------------------------------------------------------------
The family of Sheila Dobson, a Leeds, England, woman who died
from mesothelioma, seeks information about her employment with
Leeds County Council, the Yorkshire Evening Post reports.

In October 2009, Mrs. Dobson died at the age of 59. She left
behind her second husband, three children and four grandchildren.
She was believed to have been exposed to asbestos when she worked
as an office junior for Leeds Education Department Youth
Employment Office. She worked in the Old Education Building on
Great George Street from 1967 until 1971.

The Dobson family is pursuing compensation. They are asking
anyone who worked for the Youth Employment Office in Leeds from
1967 to 1971 to come forward. They are interested in information
about any building work or renovations carried out at the Great
George Street premises between 1967 and 1971.

Marion Voss of Thompsons solicitors said, "In order to build up
an accurate picture of Mrs. Dobson's exposure to asbestos it is
important we speak to anyone who can recall working in the Old
Education Building on Great George Street between 1967 and 1971."


ASBESTOS UPDATE: Pending Cases v. Mallinckrodt at 11T in Dec. 25
----------------------------------------------------------------
As of Dec. 25, 2009, about 11,000 asbestos liability cases were
pending against Covidien Public Limited Company's subsidiary,
Mallinckrodt Inc., according to the Company's quarterly report
filed on Jan. 26, 2010 by the U.S. Securities and Exchange
Commission.

Mallinckrodt Inc. faced about 10,900 pending asbestos liability
cases as of Sept. 25, 2009. (Class Action Reporter, Nov. 27,
2009)

Mallinckrodt is named as a defendant in personal injury lawsuits
based on alleged exposure to asbestos-containing materials. Most
of the cases involve product liability claims, based principally
on allegations of past distribution of products incorporating
asbestos. A limited number of the cases allege premises
liability, based on claims that individuals were exposed to
asbestos while on Mallinckrodt's property.

Each case typically names dozens of corporate defendants in
addition to Mallinckrodt. The complaints generally seek monetary
damages for personal injury or bodily injury resulting from
alleged exposure to products containing asbestos.

The Company's involvement in asbestos cases has been limited
because Mallinckrodt did not mine or produce asbestos.
Furthermore, in the Company's experience, a large percentage of
these claims were never substantiated and have been dismissed by
the courts.

The Company has not suffered an adverse verdict in a trial court
proceeding related to asbestos claims. When appropriate, the
Company settles claims. However, amounts paid to settle and
defend all asbestos claims have been immaterial.

Headquartered in Dublin, Covidien Public Limited Company
develops, manufactures and sells healthcare products for use in
clinical and home settings. The Company operates its business
through the following three segments: Medical Devices,
Pharmaceuticals, and Medical Supplies.


ASBESTOS UPDATE: Sealy Records $200T ARO at European Facilities
---------------------------------------------------------------
Sealy Corporation has recognized an asset retirement obligation
of US$200,000 for the remaining asbestos in its European
facilities, according to the Company's annual report filed on
Jan. 25, 2010 by the U.S. Securities and Exchange Commission.

The Company owns certain factories that contain asbestos. Current
regulations require that the Company remove and dispose of
asbestos if the factory undergoes major renovations or is
demolished.

Although the Company is not required to remove the asbestos
unless renovation or demolition occurs, it is required to monitor
and ensure that it remains stable and is required to notify any
potential buyer of its existence.

In fiscal 2007, the Company removed asbestos at a European
facility.

COMPANY PROFILE:
Sealy Corporation
Sealy Drive
One Office Parkway
Trinity, N.C. 27370
Tel. No.: (336) 861-3500

Description:
Sealy Corporation manufactures and markets bedding products,
including mattresses and mattress foundations. The Company also
manufactures and markets specialty (non-innerspring) latex and
visco-elastic bedding products under the PurEmbrace, TrueForm,
SpringFree, Stearns & Foster, Reflexions, Carrington Chase, and
MirrorForm brand names.


ASBESTOS UPDATE: 12 Actions Filed From Jan. 11-15 in Madison Co.
----------------------------------------------------------------
During the week of Jan. 11, 2010 through Jan. 15, 2010, about 12
new asbestos-related lawsuits were filed in Madison County
Circuit Court, The Madison St. Clair Record reports.

These cases are:

-- (Case No. 10-L-24) Elizabeth E. and Gary R. Batteiger of
   Missouri claim Mrs. Batteiger developed lung cancer after
   being secondarily exposed to asbestos fibers through her
   husband, who was a member of The Heat and Frost Insulators'
   Local #1. The Elizabeth V. Heller, Esq., and Robert Rowland,
   Esq., of Goldenberg, Heller, Antognoli and Rowland in
   Edwardsville, Ill., will represent the Batteigers.

-- (Case No. 10-L-38) Flora Bonar of Louisiana claims her
   deceased husband, Donald Bonar, developed mesothelioma after
   his work as a radio technician. Robert Phillips, Esq., and
   Perry J. Browder, Esq., of Simmons, Browder, Gianaris,
   Angelides and Barnerd in East Alton, Ill., will represent
   Mrs. Bonar.

-- (Case No. 10-L-35) Marvin Carr of Indiana alleges his
   deceased wife, Judith Ann Carr, developed lung cancer after
   her work as a laborer and home remodeler. Robert Phillips,
   Esq., and Perry J. Browder, Esq., of Simmons, Browder,
   Gianaris, Angelides and Barnerd in East Alton, Ill., will
   represent Mr. Carr.

-- (Case No. 10-L-26) Sheila Dickeson of Alabama claims her
   deceased father, Enoch Duncan, developed malignant
   mesothelioma after his work as a doffer and laborer for
   Profile Cotton Mills; as a laborer for Lee Brothers Foundry;
   as a carpenter for O.W. Powers; as a doffer and laborer for
   Union Yarn Mills; as a brick mason for W. Ernest Rhodes; as a
   self-employed brick mason; as a brick mason for Bruce Smith
   Masonry; and as a brick mason for Troy Spurlin. Elizabeth V.
   Heller, Esq., and Robert Rowland, Esq., of Goldenberg,
   Heller, Antognoli and Rowland in Edwardsville, Ill., will
   represent Mrs. Dickeson.

-- (Case No. 10-L-25) Danny and Charlsie Elling of Oklahoma
   claim Mr. Elling developed lung cancer after his work as a
   plumber at Archie Dupler Plumbing; as a carpenter for Jones
   Byrnes Construction; as a plumber, pipefitter and laborer for
   Globe Construction; as a plumber and pipefitter for Weatherby
   Godby Construction; as a plumber and pipefitter for Ivey
   Plumbing and Electrical; as a plumber and pipefitter for
   Republic Mechanical; as a plumber and pipefitter for L&S
   Mechanical; as a plumber and pipefitter for Adair Plumbing
   and Heating; as a project supervisor for Advance Enterprises;
   and as a self-employed shade tree mechanic. Elizabeth V.
   Heller, Esq., and Robert Rowland, Esq., of Goldenberg,
   Heller, Antognoli and Rowland in Edwardsville, Ill., will
   represent Mrs. Elling.

-- (Case No. 10-L-36) Marcell F. Jones of Illinois claims her
   deceased husband, John H. Jones Sr., developed lung cancer
   after his work as a laborer and maintenance worker. Robert
   Phillips, Esq., and Perry J. Browder, Esq., of Simmons,
   Browder, Gianaris, Angelides and Barnerd in East Alton, Ill.,
   will represent Mrs. Jones.

-- (Case No. 10-L-29) Ventura and Rosa Maria Lopez of California
   Mr. Lopez developed mesothelioma after his work as a
   sanitation worker, laborer, mechanic and foreman and as a
   mechanic at Soco Gas Company. Randy L. Gori, Esq., of Gori,
   Julian and Associates in Edwardsville, Ill., will represent
   the Lopezes.

-- (Case No. 10-L-27) Cora McGinn of Alabama alleges her
   deceased husband, Stanley McGinn, developed mesothelioma
   after his work as a maintenance and repairman at Sears. Randy
   L. Gori, Esq., of Gori, Julian and Associates in
   Edwardsville, Ill., will represent Mrs. McGinn.

-- (Case No. 10-L-28) John J. Meyer Jr. and Kristian Marie Meyer
   of Iowa allege Mr. Meyer developed mesothelioma after his
   work as a general laborer in a machine shop; as a laborer for
   a service station; as a gas furnace installer and remover for
   Smith Plumbing and Heating; as a 10-foot boring mill operator
   at Hydro-Tile; as a teletype operator and maintenance worker
   for the U.S. Army; as a tire and muffler changer at Sears;
   and as a boiler and refrigeration systems maintenance man at
   Sara Lee. Randy L. Gori, Esq., of Gori, Julian and Associates
   in Edwardsville, Ill., will represent the Meyers.

-- (Case No. 10-L-19) Roberta Mileski of South Carolina, a
   clerk, laborer, beautician and health care aide worker,
   claims mesothelioma. Brian J. Cooke, Esq., of Simmons,
   Browder, Gianaris, Angelides and Barnerd in East Alton, Ill.,
   will represent Ms. Mileski.

-- (Case No. 10-L-39) Saundra Mosby of Illinois claims her
   deceased husband, Leo Mosby Jr., developed mesothelioma after
   his work as an electrician and laborer. Shane F. Hampton,
   Esq., and Paul M. Dix, Esq., of Simmons, Browder, Gianaris,
   Angelides and Barnerd in East Alton, Ill., will represent
   Mrs. Mosby.

-- (Case No. 10-L-37) Doris Orr of Indiana claims her deceased
   husband, Robert Orr, developed mesothelioma after his work as
   a laborer, machinist and maintenance worker. Robert Phillips,
   Esq., and Perry J. Browder, Esq., of Simmons, Browder,
   Gianaris, Angelides and Barnerd in East Alton, Ill., will
   represent Mrs. Orr.


ASBESTOS UPDATE: Building in Troy, N.Y. Scheduled for Demolition
----------------------------------------------------------------
A dilapidated and asbestos-contaminated building in Troy, N.Y.,
will be demolished early in 2010 to help beautify and revitalize
the downtown area, Mesothelioma.com reports.

It is expected that the former Industrial Tool and Die Co.
building could be taken down as early as late January 2010.

According to City Engineer Russ Reeves, the building will be
taken down as part of the city's redevelopment plan. The
building's removal is being overseen by the Department of
Transportation and the Federal Highway Administration, who are
paying for much of the work needed to stabilize and redevelop the
area.

According to Mr. Reeves, when the cost of removal of asbestos
from the site is factored in, the demolition project will cost
about US$150,000. He said, "If we [the city of Troy] remove it
ourselves we wouldn't be reimbursed for that cost."

Mr. Reeves said the building has been stabilized and secured.


ASBESTOS UPDATE: Waterloo Board Seeks More Budget for Abatement
---------------------------------------------------------------
The Board of Education in Waterloo, Iowa, seeks to increase the
Waterloo Community Schools' budget to pay for asbestos abatement,
WcfCourier.com reports.

The Board was asked to approve the district's appearance before
the School Budget Review Committee in Des Moines on Feb. 12, 2010
to request an increase in the unspent balance of the authorized
budget.

Approval from the committee would increase the district's
spending authority by US$170,000 but not generate additional
funds.

The district would complete abatement at the former Lincoln
Elementary School, which is set for demolition, and East High
School, along with other minor projects.


ASBESTOS UPDATE: Jones Widow Seeking Info in Compensation Claim
---------------------------------------------------------------
Irene Jones, the widow of Terry Jones, a scaffolder from
Basingstoke, Hampshire, England, appeals for Mr. Jones' former
workmates to come forward to help in her claim for compensation,
ThisIsHampshire.net reports.

In July 2007, Mr. Jones died at the age of 69 after developing
mesothelioma. Before his death, Mrs. Jones launched a legal fight
for compensation.

Mr. Jones believed he came into contact with asbestos while
working at two different companies in the 1960s and 1970s, Big
Ben Scaffolding and United Builders Merchants Ltd (or UBM Ltd)
based in London.

Dominic Graham, an industrial disease specialist with Fentons
Solicitors LLP, is now preparing court proceedings against the
two firms on behalf of Mr. Jones' family.


ASBESTOS UPDATE: U.K. Gov't. to Propose GBP70Mil in Compensation
----------------------------------------------------------------
The United Kingdom's government will present trade unions with a
GBP70 million package of programs to help workers who suffer from
asbestos-related diseases, according to an EIN Presswire press
release dated Jan. 26, 2010.

In addition to providing funding for a research center and more
money for mesothelioma sufferers, the government will call on
insurers to fund dying patients who are no longer covered by
their employers' insurance.

However, the proposal, which needs to be agreed upon by trade
unions, will not overturn a 2007 ruling that disqualifies from
such compensation those who suffer from pleural plaques.

The construction union UCATT has already come out against the
package, calling the proposals "morally indefensible."


ASBESTOS UPDATE: U.K. Claims Estimated at GBP11Bil for 2009-2050
----------------------------------------------------------------
In a research by Actuarial Profession's UK Asbestos Working
Party, the total undiscounted cost of the United Kingdom's
asbestos-related claims to the insurance market is expected to be
about GBP11 billion for period 2009 to 2050, Insurance Business
Review reports.

Of the GBP11 billion, about 90 percent related to mesothelioma
and over GBP9 billion related to the period 2009 to 2040,
compared with GBP4.7 billion of the working party's 2004 estimate
for the same period.

The research identified that the proportion of people suffering
from mesothelioma that subsequently make a claim for compensation
has almost doubled between 2004 and 2008.

According to Actuarial Profession, the proportion of mesothelioma
sufferers that have made a claim for compensation has increased
from around one-third in 2004 to nearly two-thirds.

In addition, the working party considered the Health and Safety
Executive's statisticians' revised projections of the number of
future deaths from mesothelioma in Great Britain, released in
2009, in conjunction with other projection models.


ASBESTOS UPDATE: Workplace Relations OKs Asbestos Recommendation
----------------------------------------------------------------
On Jan. 24, 2010, Minister Lisa Singh of the Ministry of
Workplace Relations said that the report on dealing with asbestos
in Tasmania offers a wonderful framework to help shape Government
policy, according to a Tasmanian Government press release dated
Jan. 24, 2010.

Ms. Singh paid tribute to the work of the steering committee in
coming up with a series of recommendations for the Government to
consider in its Improving Asbestos Management in Tasmania report.

Ms. Singh said, "Asbestos-related diseases are a scourge in our
community that will have an impact on people's health for decades
to come. Last March I asked Workplace Standards to run a forum on
asbestos in Tasmania to help understand community concerns and
the extent of the problem.

"That convinced me that we needed to act and as a result I
commissioned this report. It offers us a way forward and the
Government will respond to as quickly as possible. I recognize
the urgency in dealing with this and our response time will
reflect that. We must ensure we put in place measures that will
make a lasting difference."

Ms Singh said the key recommendations in the report are:

-- A dedicated Asbestos Unit to be set up within Workplace
   Standards to drive overall government policy including areas
   such as long-term removal, training and licensing.

-- Specialist asbestos inspectors for each region of the State.

-- Mandatory building inspections prior to demolition permits
   being issued.

-- Asbestos be listed as an essential safety requirement for
   Building Maintenance Certificates.

-- Increased penalties for incorrect removal and disposal of
   asbestos.

-- Legislation to make it compulsory to disclose the presence of
   asbestos in residential rental properties, including
   financial incentives for landlords to remove asbestos.


ASBESTOS UPDATE: Warehouse in Torrington, Conn. to be Demolished
----------------------------------------------------------------
An asbestos-contaminated former warehouse in Torrington, Conn.,
has been slated for demolition, the Mesothelioma & Asbestos
Awareness Center reports.

The required demolition permit was filed with officials for the
former Torin Corp. property along the Naugatuck River. For three
years, Mayor Ryan J. Bingham and other city officials searched
for a buyer for the site, but had no luck.

The warehouse was once part of a larger operation run by
Torrington Manufacturing Co. from 1901 until 1990, with the
company changing its name to Torin Corp. in the late 1960s.

The historic building has long been noted for the striking
profile that it has alongside the banks of the river. However,
because no buyer could be found for the asbestos-laden building
and grounds, the city has finally approved the demolition.


ASBESTOS UPDATE: Appeal Court Affirms Board Ruling in Meeks Case
----------------------------------------------------------------
The U.S. Court of Appeals for Veterans Claims affirmed the Jan.
4, 2008 ruling of the Board of Veterans' Appeals, which denied
Joan E. Meeks entitlement to service connection for the cause of
her husband Robert L. Meeks' death.

The case is styled Joan E. Meeks, Appellant v. Eric K. Shinseki,
Secretary of Veterans Affairs, Appellee.

Judge Mary J. Schoelen entered judgment in Case No. 08-155 on
Dec. 28, 2009.

Mr. Meeks served on active duty in the U.S. Navy from June 1952
to June 1956 and from January 1958 to September 1975. He died on
Sept. 9, 2004. His death certificate lists the immediate cause of
death as sepsis encephalitis due to respiratory and renal
failure.

In September 2004, Mrs. Meeks filed a claim for dependency and
indemnity compensation (DIC) benefits. She submitted a January
2005 opinion from Dr. John Libbey, a private pathologist, who
stated that the autopsy report confirmed the presence of advanced
pneumonia.

Mrs. Meeks subsequently contended that Mr. Meeks' death was
related to exposure to asbestos in service. In August 2007, the
Board determined that an independent medical expert opinion was
required to determine whether there was a relationship between
Mr. Meeks' death and his military service, including any in-
service exposure to asbestos.

In September 2007, Dr. John Spurzem, a specialist in pulmonary
medicine, provided an independent medical expert opinion. He
stated that the autopsy report supported a diagnosis of
cryptococcal pneumonia. He noted that Mr. Meeks' military
occupational specialty was refrigeration and air conditioning
mechanic and acknowledged that he was likely exposed to asbestos
while in service.

On Jan. 4, 2008, the Board issued the decision on appeal. The
Board denied entitlement to service connection for the cause of
Mr. Meeks' death because it found that "[t]he medical evidence of
record does not indicate or even suggest a relationship between
the veteran's service and his death, to include consideration of
claimed exposure to asbestos."

This appeal followed.


ASBESTOS UPDATE: Split Decision Issued in Gilbert Lawsuit v. DDC
----------------------------------------------------------------
The U.S. District Court, Northern District of New York, denied
Joseph W. and Betty Gilbert's motion for reconsideration and
granted their motion to remand in an asbestos action filed
against Detroit Corporation (DDC).

The case is styled Joseph W. Gilbert and Betty Gilbert,
Plaintiffs v. AGCO Corporation, et al., Defendants.

Senior District Judge Thomas J. McAvoy entered judgment in Case
No. 1:09-cv-962 on Dec. 16, 2009.

The Gilberts commenced the instant action in state court seeking
to recover for personal injuries alleged to have been sustained
from the exposure to asbestos. DDC removed the claim against it
to this Court.

Presently before the Court is the Gilberts' motion to remand
and/or for reconsideration of the Court's prior order denying the
motion to remand.

James C. Long, Jr., Esq., of Weitz, Luxenberg Law Firm in New
York, represented Joseph W. Gilbert.

Alani Golanski, Esq., of Weitz, Luxenberg Law Firm in New York,
represented Joseph W. Gilbert and Betty Gilbert.


ASBESTOS UPDATE: Md. Appeal Court OKs Judgment in Saville Action
----------------------------------------------------------------
The Court of Special Appeals of Maryland affirmed the denial of
certain motions in a case involving asbestos styled Scapa Dryer
Fabrics, Inc., et al. v. Carl L. Saville.

Judges Peter B. Krauser, Timothy E. Meredith and Albert J.
Matricciani, Jr. entered judgment in Case No. 540, Sept. Term,
2008 on Dec. 29, 2009.

Carl L. Saville brought suit in the Circuit Court for Baltimore
City against Scapa Dryer Fabrics and The Wallace & Gale Asbestos
Settlement Trust (W & G), and against three other parties,
alleging that his exposure to their asbestos-containing products
caused his mesothelioma and carcinoma. He settled with the three
other parties and proceeded to trial against appellants.

Appellants brought cross-claims against the settling defendants
(Cross-Defendants) and alleged that they were joint tort-feasors.
After a trial of Mr. Saville's claims and appellants' cross-
claims, a jury found the appellants liable and found the Cross-
Defendants not liable.

Scapa moved for judgment notwithstanding the verdict (JNOV) or a
new trial on Mr. Saville's original claims and on its own cross-
claims, while W & G moved for JNOV only on its cross-claims.

The trial court denied these motions, and appellants filed timely
notices of appeal.

The judgment of the Circuit Court for Baltimore City was
affirmed. Costs are to be paid 75 percent by Scapa and 25 percent
by W & G.


ASBESTOS UPDATE: Appeal Court Affirms Ruling in Action v. Grace
---------------------------------------------------------------
The U.S. Court of Appeals, Third Circuit, affirmed the ruling of
the U.S. District Court for the District of Delaware, which
granted an order from the U.S. Bankruptcy Court denying W. R.
Grace & Co.'s motion to expand a preliminary injunction.

Judges Mary Anne Trump Barry, D. Michael Fisher and Kent A.
Jordan entered judgment in Case Nos. 08-3697 and 08-3720 on Dec.
31, 2009.

Grace and the State of Montana appealed an order from the U.S.
District Court for the District of Delaware affirming an order
from the District's Bankruptcy Court denying Grace's motion to
expand a preliminary injunction.

The proposed expansion would have enjoined asbestos claims
against the State of Montana arising from Grace's mining
operations near Libby, Mont. Both the District Court and the
Bankruptcy Court determined that the Bankruptcy Court lacked
jurisdiction to expand the injunction to enjoin those claims and,
therefore, denied the motion.

The Court of Appeals affirmed.


ASBESTOS UPDATE: Court Remands Paine's Claim v. Veterans Affairs
----------------------------------------------------------------
The U.S. Court of Appeals for Veterans Claims set aside the Board
of Veterans' Appeals July 23, 2007 ruling in an asbestos case
filed by William Paine, Jr. and remanded the matters for
readjudication.

The case is styled William Paine, Jr., Appellant v. Eric K.
Shinseki, Secretary of Veterans Affairs, Appellee.

Judge Robert N. Davis entered judgment in Case No. 07-3447 on
Jan. 5, 2010.

Mr. Paine appealed appeals through counsel from a July 23, 2007  
Board decision that denied his service-connection claims for (1)
chronic obstructive pulmonary disease (COPD), to include as
secondary to asbestos exposure; and (2) laryngeal cancer, to
include as secondary to asbestos exposure.


ASBESTOS UPDATE: Supreme Court Reverses Ruling in Kennedy Action
----------------------------------------------------------------
The Supreme Court of Mississippi reversed the ruling of the Pike
County Circuit Court, which entered a judgment in favor of
Illinois Central Railroad Company in an asbestos case filed by
Robert W. Kennedy.

The case is styled Robert W. Kennedy v. Illinois Central Railroad
Company.

Judges George C. Carlson Jr., James W. Kitchens and Randy G.
Pierce entered judgment in Case No. 2008-CA-01831-SCT on Jan. 7,
2010.

Mr. Kennedy filed this action against Illinois Central Railroad
Company under the Federal Employers' Liability Act for damages he
incurred as a result of alleged exposure to asbestos.

After the defense rested its case-in-chief during the course of
the trial, the trial court directed a verdict on the issue of
damages in favor of Illinois Central Railroad Company, and
thereafter entered a final judgment, from which Mr. Kennedy had
appealed to this Court.

Finding error, the Supreme Court reversed the trial court's
judgment in favor of Illinois Central Railroad Company and
remanded this case for further proceedings consistent with this
opinion.

John Timothy Givens, Esq., Timothy W. Porter, Esq., Patrick C.
Malouf, Esq., William S. Guy, Esq., C.E. Sorey, II, Esq., and
Wayne Dowdy, Esq., represented Robert W. Kennedy.

Lonnie D. Bailey, Esq., and Glenn F. Beckham, Esq., represented
Illinois Central Railroad Company.


ASBESTOS UPDATE: District Court Junks Dismissal in Phillips Case
----------------------------------------------------------------
The U.S. District Court, Eastern District of Wisconsin, denied
Michael Phillips' motion to dismiss and his motion for a bill of
particulars in an asbestos case styled United States of America,
Plaintiff v. Michael Phillips, Defendant.

District Judge William C. Griesbach entered judgment in Case No.
09-CR-201 on Jan. 6, 2010.

Mr. Phillips was charged with seven counts of knowingly removing
and disposing of asbestos in violation of U.S. Environmental
Protection Agency regulations. He had filed a motion to dismiss
the indictment and, alternatively, a motion for a bill of
particulars.

Both motions were predicated upon the contention that, in order
to violate Section 7413(c)(1), Mr. Phillips must have known the
regulations he was violating.

                            *********

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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