CAR_Public/100204.mbx             C L A S S   A C T I O N   R E P O R T E R

           Thursday, February 4, 2010, Vol. 12, No. 24

                            Headlines

AMERICAN AIRLINES: Grounded Passenger Class Action Suit Dismissed
AT&T INC: Tech Support Worker Sues for Overtime in S.D. Calif.
CYCLE BREAKERS: Lawsuit Complains About Ark. Probation System
FACEBOOK INC: Public Citizen Balks at $9.5 Mil. Beacon Settlement
GTM SPORTSWEAR: Recalls 210,000 Children's Drawstring Jackets

NEW MODE SPORTSWEAR: Recalls 7,200 Children's Pullovers & Hoodies
PLAYMATES TOYS: Recalls 252,000 Tiny Tink Toy Jewelry Sets
SASKATCHEWAN: Deer & Elk Farmers Sue Province For Herd Losses
SCHURMAN FINE PAPERS: Recalls 174,000 Greeting Cards & Bracelets
SLM CORP: Suit Filed in W.D. Wash. Complains About Autodialing

SOUTH AFRICA: Prisoners Sue Justice Minister for Missing Records
SPRINT NEXTEL: 7th Cir. Doesn't Return Case to Kan. State Court
TOYOTA MOTOR: Rochon Genova Files Class Action Suit in Ontario
TOYOTA MOTOR: Hilliard Munoz Files Class Action Suit in S.D. Tex
TOYOTA MOTOR: Stan Chesley Files Class Action Suit in Cincinnati

TOYOTA MOTOR: Announces Solution to Sticky Gas Pedal Problem
VISION AIRLINES: Court Certifies Iraq & Afghanistan Crew Class
WINDSOR FASHIONS: Paying Lawyer in Gift Cards Gets Judge Censured
ZYNGA GAME: Facebook Dropped as Defendant in Calif. Ad Lawsuit

* Kurtzman Carson Expands Class Action Administration Services

                            *********

AMERICAN AIRLINES: Grounded Passenger Class Action Suit Dismissed
-----------------------------------------------------------------
Jeff Bounds at the Dallas Business Journal reports that a Fort
Worth judge has dismissed a class action lawsuit against American
Airlines that sought compensation for the Dec. 29, 2006, delays
that grounded about 6,000 passengers, court documents say.

In an 18-page ruling, federal district judge John McBryde said
the suit by lead plaintiff Thomas Dickson could not proceed
because supposedly it had not been filed within a required two-
year legal window.

The plaintiffs plan to appeal, according to one of their
attorneys:

          Paul S. Hudson, Esq.      
          LAW OFFICES OF PAUL S. HUDSON, P.C.     
          4411 Bee Ridge Rd., Suite 274
          Sarasota, FL 34233

The Dickson case is one of four class action suits nationwide
that have been filed over the same incident, Mr. Hudson said.
Including the Dickson matter, three of those cases have been
dismissed and either are on appeal or will be, he added.

Officials of Fort Worth-based American, which denied wrongdoing
in the case, weren't available immediately for comment Monday.

Filed in December, Mr. Dickson's suit said the California
resident, along with his wife and child, were scheduled to fly
from San Francisco to the country of Belize in December 2006, but
wound up confined to an American jet for eight hours because of
weather delays.

The suit sought damages of more than $5 million, court documents
show.


AT&T INC: Tech Support Worker Sues for Overtime in S.D. Calif.
--------------------------------------------------------------
Attorney Kelly M. Dermody, Esq., of Lieff Cabraser Heimann &
Bernstein, LLP, announced the filing Tuesday of Buccellato v.
AT&T, Inc., Case No. 10-cv-00463 (S.D. Calif.) -- a class action
lawsuit charging that AT&T Inc. has a common practice of
misclassifying its technical support workers as exempt and
failing to pay them for all overtime hours worked in violation of
federal overtime pay laws.  AT&T employs several thousand
technical support workers nationwide.  

"AT&T's position as an industry leader rests on the hard work and
long hours of its technical support workers, who keep the
technology infrastructure up and running," stated plaintiff Matt
Buccellato.  "AT&T should not be allowed to underpay these
workers in violation of the law."

Plaintiff's counsel:

          Kelly M. Dermody, Esq.
          LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
          Embarcadero Center West
          275 Battery Street, Suite 3000
          San Francisco, CA 94111-3339
          Telephone: (415) 956-1000

added, "This lawsuit seeks fair compensation for the thousands of
AT&T technical workers who form the backbone of the company.  
Their tireless overtime work, which we allege has been unpaid,
has helped fuel AT&T's success."

AT&T's technical support workers, who work in titles such as
Technician, Technical Architect, Technical Consultant, Network
Engineer, IT Analyst, Maintenance Administrator, Project Manager,
Program Manager, and Business Manager of IT, among others, are
responsible for installing, maintaining, and/or supporting
computer software and hardware.  The lawsuit alleges that these
workers were unlawfully denied overtime pay.

Current and former AT&T employees who perform hardware or
software installation, maintenance, or support work who wish to
report their work experiences or learn more about the lawsuit
should visit:

     http://www.lieffcabraser.com/employment/att.htm

The Web site allows witnesses and claimants to contact
plaintiffs' counsel.

                        About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP --
http://www.lieffcabraser.com/-- is a sixty-plus attorney law  
firm that has represented plaintiffs nationwide since 1972. We
have offices in San Francisco, New York, and Nashville. Lieff
Cabraser has a comprehensive and diverse practice which includes
representing employees in wage and hour class action lawsuits
seeking overtime pay.  Since 2003, the National Law Journal has
selected Lieff Cabraser as one of the top plaintiffs' law firms
in the nation.  


CYCLE BREAKERS: Lawsuit Complains About Ark. Probation System
-------------------------------------------------------------
The Arkansas Times reports that a class action lawsuit in Pulaski
County, Arkansas, Circuit Court this week, seeking repayment for
probationers who paid fees to former Fifth Division Circuit Judge
Willard Proctor's Cycle Breakers probation program by:

          John Wesley Hall, Jr., Esq.
          1311 Broadway
          Little Rock, AR 72202-4843
          Telephone: 501-371-9131

The lawsuit lists Judge Proctor, Cycle Breakers, Inc. and Pulaski
County as defendants, saying that they engaged in an illegal
exaction by collecting "civil probation" fees without legal
authority to do so. The lawsuit points out that the concept of
"civil probation" does not exist under state law. The Arkansas
Supreme Court said as much in removing Proctor from the bench for
a variety of ethical violations, including the civil probation
process.

The lead plaintiff in the case is Carl Brandon Euseppi, who
states that he "paid illegal probation, drug testing and other
fees to Cycle Breakers, Inc. of more than $1,000." The lawsuit
says that Euseppi and others were assigned fees as a revenue
source for Cycle Breakers, Inc. "There was an inherent conflict
of interest motivating (defendants) to be kept on probation past
any reasonable time just to keep them paying," Hall writes,
adding that Proctor would use the threat of contempt and
imprisonment to keep defendants paying fees. "(T)his was a gross
violation of due process and a perversion of justice," the
lawsuit says.

The lawsuit says that the property and buildings owned by Cycle
Breakers Inc. could be sold to satisfy any judgment.

Meanwhile, the Arkansas Times continues, Pulaski circuit judges
met today but didn't decide on a proposal by Judge Mary McGowan
to take over Proctor's caseload and have his appointed successor
assume her work, which includes no regular criminal docket. The
proposal will be circulated to all 16 judges for a vote. Judge
Alice Gray questioned whether the proposal squared with
appointments to judicial seats created in response to a court
ruling aimed at increasing the number of black judges.


GTM SPORTSWEAR: Recalls 210,000 Children's Drawstring Jackets
-------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
GTM Sportswear Inc., of Manhattan, Kan., announced a voluntary
recall of about 210,000 Children's Jackets with Drawstrings.
Consumers should stop using recalled products immediately unless
otherwise instructed.

The children's jackets have drawstrings through the hood which
can pose a strangulation hazard to children. In February 1996,
CPSC issued guidelines (which were incorporated into an industry
voluntary standard in 1997) to help prevent children from
strangling or getting entangled on the neck and waist drawstrings
in upper garments, such as jackets or sweatshirts.

No incidents or injuries have been reported.  

This recall involves children's hooded nylon jackets in sizes
XXS-XL (2T-16) and in various colors. "GTM Sportswear" is printed
on a label sewn in the neck of the garments. Styles include Youth
Medalist Jacket (YJA180), Youth Legacy Jacket (YJAPT01), Youth
Eclipse Jacket (YLJA186), Youth Dominator Jacket (YJA3800), Youth
Booster Jacket (YJA150), Youth Achiever Jacket (YJA161).  
Pictures of the recalled garments are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10130.html

The recalled jackets were manufactured in China and sold at GTM
Sportswear, K-State Super Store, and Cats Closet stores in
Kansas, other customer screen print and embroidery stores
nationwide, on the Web at http://www.gtmsportswear.com/and  
http://www.kstategear.com/and http://www.catscloset.com/and  
http://www.justforkix.com/and in GTM Sportswear and the Just for  
Kix catalogs from January 2003 through December 2009 for between
$25 and $30.

Consumers should immediately remove the drawstrings from the
jackets to eliminate the hazard or return the jackets to their
place of purchase or to GTM Sportswear for a full refund.  For
additional information, contact GTM Sportswear at (800) 437-9560
between 7:00 a.m. and 7:00 p.m., Central Time, Monday through
Friday, and on Saturday between 8:00 a.m. and 1:00 p.m., or visit
the firm's Web site at http://www.gtmsportswear.com/


FACEBOOK INC: Public Citizen Balks at $9.5 Mil. Beacon Settlement
-----------------------------------------------------------------
Facebook's solution to complaints that it violated the privacy
rights of potentially millions of its users is no solution at
all, Public Citizen says in a court filing in Lane, et al. v.
Facebook, Inc., et al., Case No. 08-cv-03845 (N.D. Calif.)
(Seeborg, J.), opposing the settlement of a class-action lawsuit
that was filed against the social networking giant.

The central piece of the proposed settlement is the creation of a
nonprofit foundation that would largely be controlled by
Facebook. The foundation would be charged with funding projects
and initiatives that "promote the cause of online privacy,
safety, and security," which:

          Gregory A. Beck, Esq.
          PUBLIC CITIZEN LITIGATION GROUP
          1600 20th St. NW
          Washington, DC 20009
          Telephone: (202) 588-7713

likens to putting the fox in charge of the henhouse.

Under the proposed settlement, Facebook would pay $9.5 million
into a settlement fund, with as much as a third of that money
going to pay the class-action attorneys. The remaining money
would go toward the creation of the new privacy foundation.
Facebook would choose one of the foundation's three directors and
have an equal say in the selection of a second. Facebook has
already selected its own chief lobbyist to sit on the
foundation's board.

At the heart of the class action lawsuit is Facebook's Beacon
marketing program.  Facebook users complained that online
purchases they made from merchandisers participating in the
Beacon program were published on Facebook without their
permission. Although under the settlement Facebook would
terminate Beacon, Facebook had already essentially ended the
program before the lawsuit was filed in response to widespread
negative publicity.

"Facebook and the lawyers in this case will benefit from this
proposed settlement, but it is virtually worthless to Facebook
users who are part of this class action," said Mr. Beck, who,
along with:

          Philip S. Friedman, Esq.
          FRIEDMAN LAW OFFICES, PLLC
          2401 Pennsylvania Ave., NW, Suite 410
          Washington, DC 20037
          Telephone: (202) 293-4175

               - and -  

          Mark A. Chavez, Esq.
          CHAVEZ & GERTLER, LLP
          42 Miller Ave.
          Mill Valley, CA 94941
          Telephone: (415) 381-5599

represent D.C. resident Ginger McCall in her objection to the
proposed settlement.  Ms. McCall was shocked when she learned
that Facebook had published on her profile the titles of movies
she rented from Blockbuster's Web site in 2007 and 2008.

There is no need for an online privacy foundation when several
nonprofit organizations dedicated to the issue already exist,
Beck said. It's also troubling that Facebook, a site whose very
mission is to make private details of its users readily available
to the world at large, would be involved in managing such a
foundation, he said. Additionally, closing the essentially
defunct Beacon program is a token gesture of no value to class
members, Beck said.

Public Citizen is asking the court to reject the proposed
settlement.

A copy of the 22-page filing is available at:

     http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=597

A hearing on the settlement pact is scheduled for 9:30 a.m. on
Feb. 26, 2010, before the Honorable Richard Seebord in San Jose.


NEW MODE SPORTSWEAR: Recalls 7,200 Children's Pullovers & Hoodies
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
New Mode Sportswear, of Garden Grove, Calif., announced a
voluntary recall of about 7,200 21 Pro USA Children's Pullovers
and Hoodies.  Consumers should stop using recalled products
immediately unless otherwise instructed.

The children's sweatshirts have a drawstring through the hood
which can pose a strangulation hazard to children. In February
1996, CPSC issued guidelines (which were incorporated into an
industry voluntary standard in 1997) to help prevent children
from strangling or getting entangled on the neck and waist
drawstrings in upper garments, such as jackets or sweatshirts.

No incidents or injuries have been reported.

This recall involves children's hooded pullover and zip hooded
sweatshirts in sizes S-XL. They were sold in black, navy blue and
heather gray. Brand name "21 Pro USA" Sportswear and RN#92952 are
printed on a label sewn into the neck of the sweatshirts.  A
picture of the recalled product is available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10129.html

The recalled garments were manufactured in China and sold at
various T-shirt outlets and swap meets on the West Coast from
January 2006 through July 2006 for about $6.

Consumers should immediately remove the drawstrings from the
sweatshirts to eliminate the hazard or return the garments to the
place of purchase or to New Mode Sportswear for a full refund.
For additional information, contact New Mode Sportswear toll-free
at (888) 899-0888 between 8:00 a.m. and 4:30 p.m., Pacific Time,
Monday through Friday, or visit the firm's Web site at
http://www.21prousa.com/


PLAYMATES TOYS: Recalls 252,000 Tiny Tink Toy Jewelry Sets
----------------------------------------------------------
The U.S. Consumer Product Safety Commission and Health Canada, in
cooperation with Playmates Toys, of Costa Mesa, Calif., announced
a voluntary recall of about 252,000 Tiny Tink and Friends
Children's Toy Jewelry Sets.  Consumers should stop using
recalled products immediately unless otherwise instructed.

A cylindrical metal connector on a charm can contain levels of
total lead in excess of 300 ppm, which is prohibited under
federal law.

No incidents or injuries have been reported.

This recall involves charms sold with the Tiny Tink and Friends
toy jewelry sets.  The charm is attached to a cord using a metal
ring and cylinder and included with the sets as a separate
accessory that children can attach to the toy necklace, bracelet
or key chain. The toy jewelry sets containing the charm accessory
were sold in a variety of styles:

   Item #   UPC #              Description
   ------   -----              -----------
   74634    0 43377 74634 8    Tinker Bell's Lil' Tinker Bracelet
   74641    0 43377 74641 6    Tinker Bell's Lil' Tinker Bracelet
   74631    0 43377 74631 7    Rosetta's Rosebud Key Chain
   74632    0 43377 74632 4    Silvermist's Water Lily Necklace

Pictures of the recalled toy jewelry sets are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10131.html

Charms that have plastic tabs instead of metal rings and
cylinders are not included in this recall.

The recalled items were manufactured in China and sold at
retailers nationwide from November 2008 through November 2009 for
between $6 and $8.

Consumers should immediately take the charm and cord away from
children, discard the items, and contact Playmates Toys for a
replacement charm accessory.  For additional information, contact
Playmates toys at (888) 810-1133 between 9:00 a.m. and 5:00 p.m.,
Pacific Time, Monday through Friday or visit the firm's Web site
at http://www.playmatestoys.com/


SASKATCHEWAN: Deer & Elk Farmers Sue Province For Herd Losses
-------------------------------------------------------------
Brendan Wagner at newstalk980.com reports that a class action
lawsuit launched by a group of deer and elk farmers has been
certified.

Some 200 producers are suing the province for damages resulting
from its Chronic Wasting Disease certification program.

Maidstone elk farmer Roger Holland refused to enter the mandatory
program in 2003 and had his herd status reduced to
"surveillance," the lowest possible under the certification
system.

That effectively rendered his animals unmarketable.  Mr. Holland
says he was left with no choice but to go out of business and
sell off most of his herd.

An appeal to the Saskatchewan Court of Queen's Bench determined
the program's indemnity and release provisions were invalid, but
the government did not restore Holland's herd status.

His lawyer:

          Reynold A. Robertson, Q.C.
          ROBERTSON STROMBERG PEDERSEN LLP
          6th Floor, Canada Building
          600 - 105 Twenty-First Street East
          Saskatoon, Saskatchewan S7K 0B3
          CANADA
          Telephone: (306) 652-7575

says a lawsuit is a logical course of action.

"(The producers) are not asking for money from the government for
nothing," he says. "What they want to do is they want to be just
compensated for the loss caused by the government."

Mr. Robertson believes it's unfair treatment. He says hog farmers
have received compensation just because of poor market
conditions.


SCHURMAN FINE PAPERS: Recalls 174,000 Greeting Cards & Bracelets
----------------------------------------------------------------
The U.S. Consumer Product Safety Commission and Health Canada, in
cooperation with Schurman Fine Papers, of Fairfield, Calif.,
announced a voluntary recall of about 174,000 Papyrus Brand
Greeting Cards with bracelets.  Consumers should stop using
recalled products immediately unless otherwise instructed.

The surface paint coating on the bracelets sold with greeting
cards contain excessive levels of lead violating the federal lead
paint standard.

No incidents or injuries have been reported.

This recall involves Papyrus brand children's greeting cards sold
with an attached wooden bead bracelet. The front of the card says
"Happy Birthday To You" and includes an attached bead in the
shape of a heart with the word "smile" printed on it. The
colorful bracelet includes wooden beads with one in the shape of
a butterfly. The back of the greeting card reads, "BD 63401 | (c)
Jean Card & Gift Company" and the card insert reads, "USA $6.95 |
CAN $10.50 | Made in China | (c) Jean Card & Gift Company" and
includes UPC number 734524634013 in the lower right hand corner.
A picture of the recalled product is available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10128.html

The recalled birthday cards and bracelets were manufactured in
China and sold at card stores and other retailers from February
2004 to September 2009 for about $7.

Consumers should immediately stop using the bracelet and contact
Schurman Fine Papers for instructions on how to receive a refund.
For additional information, contact Schurman Fine Papers at
(888) 990-9095 between 8:00 a.m. and 5:00 p.m., Eastern Time,
Monday through Friday.


SLM CORP: Suit Filed in W.D. Wash. Complains About Autodialing
--------------------------------------------------------------
Class counsel filed a nationwide class action lawsuit against the
student-loan giant SLM Corporation (NYSE: SLM), popularly known
as Sallie Mae, over alleged unauthorized autodialer calls to the
cell phones of borrowers who took out student loans with the
national lender.  The class action complaint, entitled Arthur v.
SLM Corporation, Case No. 10-cv-_____ (W.D. Wash.), was filed
Tuesday in federal district court in Seattle, Washington.  It
seeks both injunctive relief and money damages.

"Sallie Mae harassed me with dozens of unwanted calls on my cell
phone, including calls that woke me up at all hours of the night
and often within hours of each other. These unrelenting calls
unfortunately corresponded with a time in my life that required
great attention to family issues," stated plaintiff and Seattle
resident Mark A. Arthur.

"Congress passed the Telephone Consumer Protection Act ("TCPA")
to stop abusive telephone practices by lenders and marketers, and
in particular placed strict limits on the use of autodialers to
call cell phones," explained:

          Beth E. Terrell, Esq.
          TERRELL MARSHALL & DAUDT PLLC
          3600 Fremont Avenue N.
          Seattle, WA 98103

          Telephone: 206-816-6603

"The complaint charges that Sallie Mae has deployed automatic
telephone dialing systems to make pre-recorded, non-emergency
calls to customers who did not expressly consent to be called on
their cell phones within the meaning of the TCPA."

"Nobody should be subjected to repeated, intrusive autodialer
calls at all hours from their lender, especially on their cell
phones," commented:

          Jonathan D. Selbin, Esq.
          LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
          250 Hudson Street, 8th Floor
          New York, NY 10013-1413
          Telephone: 212-355-9500

"We hope today's lawsuit brings some relief to borrowers who have
enough to worry about these days without receiving harassing
calls like these."

"We believe that thousands of borrowers across America may have
received numerous and repeated pre-recorded calls from Sallie Mae
on their cell phones without their express consent," added:

          David P. Meyer, Esq.
          DAVID P. MEYER & ASSOCIATES CO., LPA
          1320 Dublin Road, Suite 100
          Columbus, OH 43215
          Telephone: 614-224-6000

"We are seeking to put a stop to such practices, and also seeking
statutory damages for each call to borrowers in violation of the
TCPA."

According to publicly available information, Sallie Mae manages
over $180 billion in education loans and serves ten million
student and parent customers.

Notice To Sallie Mae Customers: You May Submit Your Complaint

Sallie Mae loan holders who originally entered into a student
loan with Sallie Mae prior to 2004, and received a pre-recorded
phone call to their cellular phone on or after October 27, 2005,
without their prior express consent are welcome to submit their
complaints to class counsel. Your information will assist counsel
in investigating the claims in the case and demonstrating the
extent of Sallie Mae's misconduct.

Please contact class counsel at:

     http://www.lieffcabraser.com/consumer/sallie-mae-tele.htm

There is no charge or obligation for our review of your
complaint, and all communications will be kept strictly
confidential.

                About Terrell Marshall & Daudt PLLC

Terrell Marshall & Daudt PLLC -- http://www.tmdlegal.com/-- is a  
Seattle law firm that focuses on complex civil litigation
including representing plaintiffs in consumer, product defect,
and wage and hour class actions.

                         About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP --
http://www.lieffcabraser.com/-- is a sixty-plus attorney law  
firm that has represented plaintiffs nationwide since 1972. We
have offices in San Francisco, New York, and Nashville. Lieff
Cabraser has a comprehensive and diverse practice which includes
representing consumers in consumer protection and false
advertising class action lawsuits. Since 2003, the National Law
Journal has selected Lieff Cabraser as one of the top plaintiffs'
law firms in the nation.

               About David P. Meyer & Associates LPA

David P. Meyer & Associates LPA -- http://www.dmlaws.com/-- is  
an AV-rated law firm that devotes its practice to representing
investors in claims against the financial industry and consumers
in class actions. The firm is based in Columbus, Ohio, and
represents investors and consumers nationwide.


SOUTH AFRICA: Prisoners Sue Justice Minister for Missing Records
----------------------------------------------------------------
Sapa at http://www.timeslive.co.za/reports that 29 prisoners  
have brought a class action against Justice Minister Jeff Radebe
for failing to provide them with transcripts of their trial
records, citing a Saturday Star report.

The prisoners are demanding the records, which have apparently
disappeared or are "technically beyond the reach" of justice
stuff, so that they can apply for leave to appeal.

If the state cannot provide the 29 applicants serving long
sentences for crimes including murder, rape and hijacking with
the records, they will demand, in terms of their constitutional
rights, to be released.

All 29 men are being held at the Johannesburg Medium B prison,
also known as Sun City.

The lawsuit against Justice Minister Radebe, the registrar of the
High Court in Johannesburg, and the Gauteng director of public
prosecutions has been set down for today in the High Court in
Johannesburg.


SPRINT NEXTEL: 7th Cir. Doesn't Return Case to Kan. State Court
---------------------------------------------------------------
Lynne Marek at The National Law Journal reports that the U.S.
Circuit Court of Appeals for the Seventh Circuit is on a roll in
keeping class actions under federal court purview.

The appellate court last week let a class action filed against
Sprint Nextel Corp. stay in federal court at least a little
longer, overruling a decision by the U.S. District Court for the
Northern District of Illinois that would have kicked it back to
state court.  The plaintiffs wanted the case returned to Kansas
state court, where it was filed, based on the home-state
exception to the Class Action Fairness Act of 2005, which the
defendant invoked to move the case to federal court.

According to the 7th Circuit opinion, the lawsuit accuses Sprint
of conspiring "with other cell phone providers to impose
artificially high prices for text-message service." The
plaintiffs brought the case on behalf of all Kansas residents who
bought the service between January 2005 and October 2008. The
problem with shifting the case back to the state court now, the
7th Circuit held, was that the plaintiffs hadn't presented enough
evidence to meet the test that two-thirds of class members are
from the state: The class was defined as those having a Kansas
cell phone number and receiving their bill at a Kansas address,
which could include people or companies outside the state, the
court said.

"On remand, the district court should give the plaintiffs another
opportunity to prove that the proposed class satisfies the
requirements of the home-state exception," Judge Terence Evans
said in the unanimous opinion.

The court didn't buy all of Sprint's arguments for keeping the
case in the federal system. Sprint argued that because the
dispute raised a nationwide legal issue, the litigation should
remain in federal court.

"That may have been Congress's general goal [under the Class
Action Fairness Act], but it also provided for exceptions, and
plaintiffs are free to 'circumscribe their class definitions' so
that they can fit within one of those exceptions and avoid
federal jurisdiction," the ruling said.

Sprint also argued that the two-thirds test referred to all cases
raising the same issues about text-message billing, even those
filed separately, and not just to the class members in the case
at hand. The 7th Circuit, in its first comment on the question,
joined the 1st Circuit in rejecting that interpretation, saying
the two-thirds test only refers to a particular case.

Sprint is represented by:

          Dane H. Butswinkas, Esq.
          WILLIAMS & CONNOLLY LLP
          725 Twelfth Street, N.W.
          Washington, DC 20005
          Telephone: 202-434-5110

Lawyers at Gunderson, Sharp & Walke in Prairie Village, Kan.,
represent the Plaintiffs.  

Last month, the 7th Circuit in a different dispute ruled that
once a case has been transferred to federal court under the Class
Action Fairness Act, it should stay in the federal system even if
it doesn't win class certification.


TOYOTA MOTOR: Rochon Genova Files Class Action Suit in Ontario
--------------------------------------------------------------
A national class action has been commenced on behalf of all
Canadian owners, operators, lessors and/or passengers of Toyota
vehicles with the ETCS-i throttling system.

The claim seeks compensation for losses and injuries as a result
of the purchase or use of numerous Toyota vehicles. The
defendants named in the lawsuit are Toyota Motor Sales, U.S.A.,
Inc., Toyota Motor North America, Inc., Toyota Motor Engineering
& Manufacturing North America Inc., Toyota Canada Inc., Toyota
Motor Manufacturing Canada Inc. and CTS of Canada Ltd., CTS of
Canada Holding Co., CTS of Canada GP Ltd., CTS of Canada Co. and
CTS Corporation.

The claim, filed with the Ontario Superior Court of Justice,
alleges that Toyota and CTS Corporation knew or ought to have
known of inherent design defects in the ETCS-i System and its
component parts that have been used in models of Toyota vehicles
manufactured since 2001. The consequences of these design
defects, including the lack of failsafes used by other auto
manufacturers, have resulted in numerous reports throughout North
America of uncontrollable unintended accelerations, including
cases of collisions involving severe injuries and death to
drivers and passengers of these vehicles.

"This is a complex problem spanning several years and many
models--we are concerned that the recent announcement of a "fix"
appears not to address the ETCS-i Systems itself, nor the issue
of a lack of failsafe which would permit the driver to regain
control of the vehicle in the event of an unintended
acceleration," said Rochon Genova partner:

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

"Having only purchased a brand new car a few weeks ago, I simply
cannot believe that Toyota would have sold me this vehicle", said
the proposed representative plaintiff Steven Hamilton.  "I can't
even resell my car now -- I am seeking a full refund."

The allegations raised in the claim have not yet been proven in
court.  The plaintiff and the proposed class members are
represented by the firm of Rochon Genova LLP.


TOYOTA MOTOR: Hilliard Munoz Files Class Action Suit in S.D. Tex
----------------------------------------------------------------
Attorneys from the Corpus Christi, Texas-based law firm of
Hilliard Munoz Guerra LLP are announcing a federal class-action
lawsuit against Toyota Motor Corp. (NYSE: TM) on behalf of a
Texas family and all Texas residents who have purchased Toyota
and Lexus vehicles with faulty throttle control systems.

Sylvia and Albert Pena III are represented by:

          Robert C. Hilliard, Esq.
          Kevin Walter Grillo, Esq.
          Reynaldo Alejandro Pena, Esq.
          HILLIARD MUNOZ GUERRA LLP
          719 S. Shoreline Blvd., Suite 500
          Corpus Christi, TX 78401
          Telephone: 361-882-1612

in their claims against Toyota and Los Angeles-based Toyota Motor
Sales, U.S.A.  

The lawsuit, Pena, et ux. v. Toyota Motor Corporation, et al.,
Case No. 10-cv-00037 (S.D. Tex.) (Jack, J.), which seeks class
action status, was filed late Friday, Jan. 29, 2010, in Corpus
Christi.  A copy of the Complaint is available from FindLaw.com
at http://is.gd/7vo39

Mr. Pena was involved in a traffic accident last month after the
family's 2008 Toyota Avalon unexpectedly accelerated through a
stop sign.

According to the lawsuit, Toyota has installed defective
"Electronic Throttle Control" (ETC) systems in its Toyota and
Lexus vehicles, causing the vehicles to suddenly accelerate while
people are driving. The company previously included mechanical
failsafe devices to prevent unintended acceleration, but stopped
using them in 2001.

"Toyota has long known about the defect with their throttle
control, and has done too little, too late to correct it," says
Mr. Hilliard. "Much like their cars, this problem is speeding out
of control and Toyota is having a hard time slamming on the
brakes."

Since the introduction of ETC in the company's vehicles, more
than 2,000 complaints of sudden, unintended acceleration have
been reported to Toyota or various government agencies. Attorneys
for the Penas allege that the faulty ETCs have led to hundreds of
accidents, 16 deaths and 243 injuries.

For more than 20 years, Hilliard Munoz Guerra LLP --
http://www.hmglawfirm.com/-- has represented individuals from  
across the United States in a variety of personal injury, breach
of contract, fraud and negligence claims, including cases
involving refinery explosions, trucking accidents, toxic
exposure, and dangerous prescription drugs.


TOYOTA MOTOR: Stan Chesley Files Class Action Suit in Cincinnati
----------------------------------------------------------------
Stanley M. Chesley, Esq., from the Cincinnati, Ohio-based law
firm of Waite, Schneider, Bayless & Chesley Co., L.P.A. today
filed a major class action lawsuit against Toyota Motor
Corporation and other Toyota affiliates.  The case is based on
the sudden acceleration defect in millions of Toyota automobiles
that has caused injuries and deaths.

The lawsuit was filed in the Hamilton County Court of Common
Pleas in Cincinnati, Ohio.  It alleges fraudulent concealment,
breach of warranties, and breach of contracts.  Mr. Chesley
alleges that Toyota misrepresented the problem as being caused by
floormats and has still not corrected it.  "Toyota has long known
about the defect and has done too little, too late to correct
it," says Mr. Chesley. "This problem is speeding out of control
and Toyota is endangering the lives of innocent people."
The company has received numerous complaints of sudden,
unintended acceleration.  Many consumers are fearful of driving
their cars.  The cars have lost value due to this problem,
creating an economic hardship for its customers in already tough
economic times.

In addition to seeking compensatory and punitive damages, Mr.
Chesley requested and obtained a Temporary Restraining Order to
prevent Toyota's concealment or destruction of records based in
part on an admission by a Toyota attorney that Toyota hid records
in a number of cases involving injuries and deaths from
rollovers.  Mr. Chesley's co-counsel, Robert Steinberg, Esq.,
stated that their expert advised them Toyota failed to utilize
fail safe mechanisms used by most manufacturers to prevent sudden
acceleration.

Until the problem is completely fixed, Mr. Chesley says Toyota
should compensate its customers, who now have to carry the burden
of the lost value, by making their loan and lease payments.

For more than 40 years, Stanley M. Chesley, Esq., and Waite,
Schneider, Bayless & Chesley Co., L.P.A. --
http://www.wsbclaw.com/-- has represented individuals from  
across the United States in a variety of personal injury, breach
of contract, fraud, and negligence claims, including complex
product liability cases, toxic exposure, and dangerous
prescription drugs.  


TOYOTA MOTOR: Announces Solution to Sticky Gas Pedal Problem
------------------------------------------------------------
Micheline Maynard at The New York Times reports that Toyota,
struggling to eliminate questions surrounding millions of its
vehicles, announced a repair on Monday to stop gas pedals from
possibly sticking and causing cars to speed up unexpectedly.

The solution involves installing a steel reinforcement bar in the
pedal assemblies of 2.3 million vehicles in the United States.
Toyota has said it will provide replacement pedals to more than
five million buyers whose cars were recalled over floor mats that
could jam the accelerator.

"These two fixes solve the issues that we know of," said James E.
Lentz III, president of Toyota Motor Sales U.S.A.

The company said last fall that floor mats were the lone cause of
the problem -- but added in January that pedal assemblies could
cause accelerators to stick.

Now, it is trying to assure owners and car shoppers that the
matter is settled and to restore its credibility, which has been
shaken more than in past recalls.

"If they've got it, great," said Edwin M. Baum, head of the
product and consumer litigation practice at Proskauer Rose in
Manhattan.  "If they haven't got it, they have even bigger
problems.  Nobody knows right now."

Even as Toyota announced the repair, it appeared somewhat at odds
with the National Highway Traffic Safety Administration, with
which it tangled last fall for mischaracterizing the agency's
response to the floor mat problem. Toyota said the repair would
be adequate for the life of the vehicle. But in a statement, the
agency said owners who received that repair also might receive
replacement pedals later on.

The questions for Toyota are not likely to end.  Two
Congressional committee hearings are planned, beginning next
week.

A spokeswoman for the House Committee on Oversight and Government
Reform said Toyota's North American chief executive, Yoshimi
Inaba, would attend its hearing on Feb. 10, along with
Transportation Secretary Ray LaHood. That committee's chairman,
Edolphus Towns, Democrat of New York, has raised a series of
questions about the recalls, while lawyers, safety advocates and
some consumers have expressed their own doubts.

Specifically, many wonder whether the problem is in the
electronic systems that now control many functions that used to
be handled mechanically.

The shift to more computerized controls has made many vehicles,
not just Toyotas, more difficult to fix in recent years. However,
Mr. Lentz rebutted the notion that electronics were at fault,
saying the systems had been "thoroughly tested." He added, "It is
not an electronics issue."

Toyota told customers Monday that parts were on the way to
dealers, whose staffs were being trained. The repair takes about
30 minutes, and Toyota said it would fix cars involved in the
floor-mat recall at the same time.

The company said owners would have priority over vehicles on
showroom lots, although dealers may begin repairing those, too.
The company asked consumers to wait until they received letters
from Toyota before contacting dealers for appointments.

Toyota suspended North American production this week on eight
models involved in the sticking-pedal recall. It also stopped
selling those cars, but said sales could gradually resume as
vehicles were repaired.

Production is scheduled to resume next week, Toyota said.

The recalled models have pedals and sensors made by the CTS
Corporation, a supplier in Elkhart, Ind., that differed slightly
from parts made for Toyota by Denso, a Japanese supplier. None of
the vehicles with the Denso version were recalled.

Some of the models in this month's recall also were part of the
November recall over floor mats. Among the vehicles covered in
that recall, but not included in this month's recall, are the
2004 to 2009 Prius hybrid and several Lexus models.

In several media appearances Monday, Mr. Lentz repeatedly
apologized for the missteps.

"This is embarrassing for us, but it doesn't necessarily mean
that we have lost our edge on quality," Mr. Lentz said. "Our
reputation is based on safety."

Toyota is involved in the biggest recall-related crisis in the
industry since exploding Firestone tires on the Ford Explorer and
other vehicles a decade ago.

But Mr. Lentz said the effect on sales could be "minimal" if
Toyota handled its relationship with customers properly.

"The heat's on now to make sure we do this right," he added.

Kurt Schiele, the general manager of Elmhurst Toyota-Scion near
Chicago, said his dealership had sold about 1,000 of the vehicles
being recalled, and his staff planned to call each buyer to
explain the repair and set up an appointment. Many already have
called with questions.

"There's a lot of fear that was struck into their hearts, but
once they understood what's going on, they felt a lot more
comfortable," Mr. Schiele said.

Analysts for Kelley Blue Book, which tracks prices for used cars,
expect the average resale value of recalled Toyotas at auction
houses and dealerships to drop 1 to 2 percent this week from
levels before the recall.

The Toyota executive in charge of quality control, Shinichi
Sasaki, told reporters in Nagoya on Tuesday that Toyota expected
to see sales slow as a result of the recall and suspension of
sales.

Recalls by Toyota in the past have triggered about a 20 percent
fall in monthly sales before a gradual recovery he said. But the
scale of the recent recall "was a cause for worry," Mr. Sasaki
said. "But our main concern is not about sales at all. It's about
regaining our customers' trust," he said.

The effect of the recalls on sales will be clear Tuesday, when
automakers report monthly sales data. And shares of Toyota rose
almost 5 percent on Tuesday on the Tokyo Stock Exchange.

Toyota has rebounded from crises before in the United States,
where it first started selling cars in 1957.

Its original offering, the Toyopet, proved to be too underpowered
for American highways, forcing the company to shut its operations
and return two years later with a more powerful car.

"People forget about a lot of things," said James P. Womack, an
author who has written extensively about Toyota. "Betting against
Toyota has been a good way to lose money."


VISION AIRLINES: Court Certifies Iraq & Afghanistan Crew Class
--------------------------------------------------------------
                  UNITED STATES DISTRICT COURT
                      DISTRICT OF NEVADA

GERALD HESTER, on behalf        )
of himself and all other        )
similarly situated,             )
                                )
     Plaintiff,                 )
                                )
          v.                    )   Case No. 2:09-cv-00117
                                )
VISION AIRLINES, INC.,          )
                                )
     Defendants.                )

           SUMMARY NOTICE OF PENDENCY OF CLASS ACTION

TO: All Vision employees who were crew members on flights
    to or from Iraq or Afghanistan from May 1, 2005, to
    the present.

              PLEASE READ THIS NOTICE CAREFULLY

     YOU ARE HEREBY NOTIFIED that the United States District
Court for the District of Nevada (the "Court") has determined
that the above-captioned lawsuit (the "Action") should proceed as
a class action on behalf of all Vision Airlines ("Vision")
employees who were crew members on flights to or from Iraq or
Afghanistan from May 1, 2005, to present (the "Class").  Excluded
from the Class are Vision, its directors of flight operations,
corporate officers and directors, and their immediate family
members. This litigation will proceed against Vision.

IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS
WILL BE AFFECTED BY THE CERTIFICATION OF THE CLASS.

If you are in the Class, you will be bound by any judgment,
favorable or unfavorable, in this Lawsuit pursuant to Federal
Rule of Civil Procedure 23(c)(3). If you wish to be in the Class,
YOU DO NOT NEED TO TAKE ANY ACTION. If you DO NOT wish to remain
in the Class, then you must make your request to be excluded in
writing. If you exclude yourself from the Class, you will not
participate in any settlement or favorable judgment in the Action
but you will not be bound by an unfavorable judgment, should one
be rendered. This is the only way to pursue your own case against
Vision for the claims alleged, and you have the right to hire
your own attorney at your own expense. If you have not yet
received the Notice of Pendency of Class Action (the "Notice"),
which describes the Action and these procedures in more detail,
you may obtain a copy of this document by contacting:

          Brett E. von Borke, Esq.
          Kozyak Tropin & Throckmorton, P.A.
          2525 Ponce De Leon, 9th Floor
          Coral Gables, FL 33134

Copies of the Notice may also be downloaded from:

     http://www.kttlaw.com/

If you desire to be excluded from the Class, you must mail a
request for exclusion postmarked by March 31, 2010, in the manner
and form explained in the Notice. All members of the Class who do
not request exclusion from the Class will be bound by any
judgment entered in the Action.

PLEASE DO NOT CONTACT THE COURT, THE CLERK''S OFFICE, OR THE
DEFENDANT REGARDING THIS NOTICE.

                         BY THE COURT

                         Hon. Roger L. Hunt
                         United States District Judge

     Date: January 5, 2010


WINDSOR FASHIONS: Paying Lawyer in Gift Cards Gets Judge Censured
----------------------------------------------------------------
Jack Leonard at the Los Angeles Times reports that a retired Los
Angeles County judge who ordered that a lawyer be paid in $10
gift cards from a women's fashion store as part of a legal
settlement was censured Tuesday and barred from presiding over
court cases.

The Commission on Judicial Performance accused Brett C. Klein of
showing bias, abusing his authority and "grandstanding to the
press" in a class-action lawsuit that he briefly presided over
last year.

The lawsuit accused a clothing store chain of violating privacy
laws by asking for personal identification information when
customers used credit cards to make purchases.

As part of a settlement, which had been given preliminary
approval by a different judge, the two sides agreed that Windsor
Fashions would pay the customer who brought the suit $2,500 and
her attorney $125,000.  Other customers who came forward as part
of the suit would each be given a $10 gift voucher, according to
state disciplinary records.

But Judge Klein, who presided over a final hearing in the case
when a colleague fell ill, made sarcastic remarks to the
attorneys and changed the terms of the settlement after the
hearing, disciplinary records show.  The new settlement required
the store to pay the customer who brought the suit and her
attorney in gift certificates.

Judge Klein sent a copy of his order approving the altered
settlement to the Metropolitan News-Enterprise, a local daily
legal newspaper, which published a story about the case, the
commission said.

Reached at home, Judge Klein said he was disappointed by the
commission's decision.  He said his role was to decide whether
the settlement was fair.  He noted that customers who claimed $10
gift certificates had to buy something at the store to take
advantage of the settlement.

"I thought that the settlement would only be fair if the lawyer
was paid the same way," Judge Klein said.

He defended his decision to alert the legal newspaper about his
decision, noting that the order he sent was a public document.

The commission said its discipline was the maximum possible for a
former judge.  Judge Klein, who retired in November, was
admonished in 2004 for allegedly abusing his authority in an
unrelated case.


ZYNGA GAME: Facebook Dropped as Defendant in Calif. Ad Lawsuit
--------------------------------------------------------------
Joseph Tartakoff at paidContent.org reports that Facebook, Inc.,
has been dropped as a defendant in Swift v. Zynga Game Network
Inc., et al., Case No. 09-cv-05443 (N.D. Calif.) (Armstrong, J.).  
The class-action lawsuit was filed only two months ago against
Facebook for promoting "scammy" offer-based ads has been dropped,
according to MediaPost.  The plaintiffs are, however, going ahead
with their complaint against social gaming giant Zynga.  

News about the filing of this lawsuit appeared in the Class
Action Reporter on Nov. 24, 2009.  

Facebook is represented by:

          I. Neel Chatterjee, Esq.
          ORRICK HERRINGTON & SUTCLIFFE LLP
          1000 Marsh Road
          Menlo Park, CA 94025
          Telephone: 650-614-7400

Zynga is represented by:

          Richard L. Seabolt, Esq.
          DUANE MORRIS LLP
          Spear Tower, Ste. 2200
          One Market Street
          San Francisco, CA 94105
          Telephone: 415-957-3212


* Kurtzman Carson Expands Class Action Administration Services
--------------------------------------------------------------
Kurtzman Carson Consultants LLC (KCC), a Computershare company
and leading claims and noticing agent, has consolidated its Class
Action operations with Computershare's Administar business.  This
will bring service enhancements and technology advances to
clients engaged in complex litigation.

"The consolidation brings the best of Administar and KCC together
to reach a broader market with increased capabilities and
capacity," said KCC's President:

          Jon Orr
          KURTZMAN CARSON CONSULTANTS LLC
          2335 Alaska Avenue
          El Segundo, CA 90245
          Telephone: (310) 751-1823

"After years of pioneering innovative methods to save clients
time and money throughout the course of litigation matters, we're
able to offer best practices for class action administration."

KCC and Administar's class action specialists bring 20 years of
experience in managing settlements totaling more than $20 billion
and involving millions of class members. For counsel and clients
engaged in class action litigation, KCC's comprehensive services
include pre-settlement consulting, class member management, legal
notification, call center support, claims administration as well
as disbursement and tax reporting.

Clients will continue to receive support through their current
teams, while all services will be marketed and operated under the
KCC brand. KCC's offices will grow to include a fourth location
in Jacksonville, in addition to its locations in Los Angeles,
Memphis and New York.

Mr. Orr stated, "We are committed to delivering a higher standard
of client service to the class action market. Our experienced
client services team helps guide counsel through the complexities
of settlement administration eliminating unnecessary expenses,
inefficiencies and inaccuracies."

                             About KCC

Founded in 2001, Kurtzman Carson Consultants LLC (KCC), a
Computershare company, is a leading claims and noticing agent
providing administrative-support services and technology
solutions to companies involved in complex legal matters. With
offices in Los Angeles, New York, Memphis and Jacksonville, KCC
has established a reputation for industry expertise, highly
responsive client service and industry-leading technologies. A
pioneer of Web-based technology for the legal and financial
markets, KCC has been recognized for its innovative business
model, company growth and industry leadership.

                    About Computershare Limited

Computershare (ASX:CPU) -- http://www.computershare.com/-- is a  
global market leader in transfer agency and share registration,
employee equity plans, proxy solicitation and stakeholder
communications. We also specialize in corporate trust services,
tax voucher solutions, bankruptcy administration and a range of
other diversified financial and governance services.

Founded in 1978, Computershare is renowned for its expertise in
data management, high volume transaction processing, payments and
stakeholder engagement. Many of the world's leading organizations
use these core competencies to help maximize the value of
relationships with their investors, employees, creditors, members
and customers.

Computershare is represented in all major financial markets and
has over 10,000 employees worldwide.

                            *********

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
Bankruptcy Creditors' Service, Inc., Fairless Hills,
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.

This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.

Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.

The CAR subscription rate is $575 for six months delivered via
e-mail.  Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each.  For subscription information, contact Christopher
Beard at 240/629-3300.

                 * * *  End of Transmission  * * *