/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/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 * * *