/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/100504.mbx C L A S S A C T I O N R E P O R T E R Tuesday, May 4, 2010, Vol. 12, No. 86 Headlines BEST BUY: Sued for Falsely Advertising Insignia Auto Speakers BP PLC: Commercial Fishermen Sue in La. Over Horizon Oil Spill BP PLC: Oil Spill Suit Filed by Seafood Wholesaler in S.D. Miss. BP PLC: E.D. La. Suit Alleges Negligence & Inadequate Response BRITISH PETROLEUM: Oil Spill Triggers Alabama Shrimper's Suit BRITISH PETROLEUM: Beasley Allen Files Oil Spill Suit in Alabama CONSECO SENIOR: Accused in Missouri Suit of Fraud DENBURY RESOURCES: Accused in N.Y. of Misleading Shareholders DOLLAR THRIFTY: Okla. Lawsuit Challenges Hertz Transaction EUROMARKET DESIGNS: Accused of Labor Code Violations GRIFFIN INDUSTRIES: Settlement Near in Animal Rendering Odor Suit LAJOBI INC: Recalls 217,000 Graco(R)-Branded Drop Side Cribs LINC GROUP: Accused of Not Paying All Wages Owed MUNICIPALITY OF ANCHORAGE: Sued Over Unlawful Police Raids NATIONWIDE PROPERTY: Notice of Modified Policyholder Settlement PFIZER CANADA: Opt-Out Deadline this Month for Depo-Provera Users SEA VIEW: Charged With Failure to Provide Meal and Rest Periods SIMPLICITY INC: Recalls Full-Size Cribs; One Infant Death Report SONY CORP: Thirteenth Optical Disc Drive Price-Fixing Suit Filed SOUTHLAND TRANSIT: Labor Code Violations Alleged TRANSOCEAN LTD: Faces Two Lawsuits Over Gulf of Mexico Oil Spill TRANSOCEAN LTD: Negligence Led to Oil Rig Explosion, Suit Claims YAMAHA MOTOR: Recalls 20,000 Yamaha All-Terrain Vehicles ********* BEST BUY: Sued for Falsely Advertising Insignia Auto Speakers ------------------------------------------------------------- Jamie Ross at Courthouse News Service reports that Best Buy advertised its Insignia auto speakers as three-way speakers, but the third "speaker" was only a "nonfunctioning plastic replica," a class action claims in Federal Court. The class claims Best Buy had the speakers specially made in China "to defraud consumers" with a dummy tweeter, which, not surprisingly, was "manufactured at dramatically lower costs." The class seeks damages for fraud and racketeering. Class representative Emily Winger says she bought a set of Insignia three-way speakers from Best Buy in March. She claims that its high-range speaker drivers were "not wired or capable of producing any sound." Best Buy has "received a high level of returns on the speakers falsely represented to be 3-way speakers," according to the complaint. Ms. Winger claims that "Peiying Electro-Acoustic, at Best Buy's request ... made speakers for Best Buy Co. Inc. and Best Buy Enterprise Services Inc., with a false driver that would allow the speakers to be falsely advertised as 3-way speakers but manufactured at dramatically lower costs." Peiying is based in Shenzen, Guangdong, China. "Best Buy designed or had significant input into the design of the two speaker models and provided the designs, plans, specifications, schema and other information for manufacturing to Peiying Electro-Acoustic, as is the common practice in the industry," according to the complaint. "Best Buy, Best Buy Enterprise Services, Inc., and Peiying Electro-Acoustic had a common purpose to defraud consumers for the purpose of making money by falsely representing 2-way speakers to be 3-way speakers, and acted together as an organization to do so." Best Buy then "shipped and sold the speakers falsely represented to be 3-way speakers to consumers nationwide over the Internet," according to the complaint. The class claims that since 2001, Insignia, a trademark and exclusive brand of Best Buy, made two models of car speakers falsely advertised as three-way. A three-way speaker splits the sound in three ways, with "three drivers to reproduce the sounds within those three ranges." "Unlike the microtweeters, or highest range drivers, in later models, the fake 'drivers' in the Insignia 3-way speakers plaintiff purchased were not wired or capable of producing any sound," Ms. Winger says. The complaint includes comparison photographs of two models of the speakers. The class seeks costs and damages for racketeering, mail fraud and wire fraud. A copy of the Complaint in Winger v. Best Buy Co., Inc., et al., Case No. 10-cv-00923 (D. Ariz.), is available at: http://www.courthousenews.com/2010/04/29/Insignia.pdf The Plaintiff is represented by: Robert B. Carey, Esq. Donald Andrew St. John, Esq. Camille S. Bass, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 11 West Jefferson St., Suite 1000 Phoenix, AZ 85003 Telephone: (602) 840-5900 E-mail: rcarey@hbsslaw.com andy@hbsslaw.com camilleb@hbsslaw.com - and - Steve W. Berman, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1918 8th Ave., Suite 3300 Seattle, WA 98101 Telephone: 206-623-7292 E-mail: steve@hbsslaw.com - and - Megan E. Waples, Esq. THE CAREY LAW FIRM 2301 E. Pikes Peak Colorado Springs, CO 80909 Telephone: 719-635-0377 E-mail: mwaples@careylaw.com BP PLC: Commercial Fishermen Sue in La. Over Horizon Oil Spill -------------------------------------------------------------- Tresa Baldas at The National Law Journal reports that the plaintiffs bar is starting to circle the massive oil spill in the Gulf of Mexico. And one of the first lawyers to court is Daniel Becnel Jr., Esq., who is also caught up in Toyota's unintended- acceleration litigation. Mr. Becnel filed Cooper v. BP plc, Case No. 10-cv-01229 (E.D. La.), on behalf of Louisiana shrimpers, fishermen and commercial boaters who claim the oil spill is hurting their livelihood. The class, however, may grow. Mr. Becnel said he's been bombarded with phone calls from commercial boaters and fishermen in Mississippi, Alabama, Florida and Texas -- all of them saying the oil has spread to their locations and it's shutting down their businesses. "Every hour, it's going to get bigger," Mr. Becnel said of the class, noting high winds are pushing the oil slick. "They don't know where the hell it's going." Mr. Becnel filed his lawsuit hours after U.S. Coast Guard officials announced that the now-sunken rig was likely leaking 5 million barrels of oil a day, not 1 million barrels as was initially reported. The lawsuit alleges that the defendants "knew of the dangers associated with deep water drilling and failed to take appropriate measures to prevent damage." The defendants include BP, which holds the lease permitting drilling at the site of the accident, and Transocean Ltd., which owned and operated the Deepwater Horizon drilling rig. The lawsuit also named Halliburton Energy Services Inc. and Cameron International Corp. Halliburton was engaged in "cementing operations of the well and well cap." The suit alleges that Halliburton was negligent in performing that work, increasing pressure at the well and contributing to the fire. Cameron manufactured and/or supplied the rig's blow-out preventers that should have stopped the oil spill but allegedly failed to operate when the explosion occurred. Officials with BP, Transocean, Halliburton and Cameron were not available to comment on the suit. BP Group Chief Executive Tony Hayward has said in a statement, "We are determined to do everything in our power to contain this oil spill and resolve the situation as rapidly, safely and effectively as possible. ... There should be no doubt of our resolve to limit the escape of oil and protect the marine and coastal environments from its effects." Other plaintiffs firms jumped into the oil rig class action with Mr. Becnel. Ten firms were listed on the initial complaint, including The Cochran Firm in Dothan, Ala.; Kennedy & Madonna in Hurley, N.Y.; and Pensacola, Fla.'s Levin, Papantonio, Thomas, Mitchell, Echsner, Rafferty & Proctor. BP PLC: Oil Spill Suit Filed by Seafood Wholesaler in S.D. Miss. ---------------------------------------------------------------- Jerry Forte, dba Jerry Forte Seafood, individually and on behalf of all others similarly situated v. Cameron International Corporation fka Cooper Cameron Corporation; BP, plc; BP Products North America, Inc.; BP America, Inc.; Transocean, Ltd.; Transocean Offshore Deepwater Drilling, Inc.; Transocean Deepwater, Inc.; Halliburton Energy Services, Inc.; and Hyundai Heavy Industries Co., Ltd., Case No. 10-cv-00173 (S.D. Miss.) (Ozerden, J.), seeks not less than $5 million in economic and compensatory damages. It is believed to be Mississippi's first class-action lawsuit over the massive oil spill following the explosion and sinking of the Deepwater Horizon oil rig off the Louisiana Coast. A copy of the Complaint is available at: http://yallpolitics.com/index.php/yp/post/23102/ The Plaintiff is represented by: C. Edward Gibson, IV, Esq. John F. Hawkins, Esq. HAWKINS, STRACENER & GIBSON, PLLC 153 Main Street Bay St. Louis, MS 39520 Telephone: 228-469-0785 E-mail: egibson@hsglawfirm.net - and - Robert Warren Moak, Esq. P.O. Box 242 Bogue Chitto, MS 39629-0242 Telephone: 601-734-2566 - and - Charles E. Gibson, Esq. THE GIBSON LAW FIRM, PLLC 447 North Park Drive Ridgeland, MS 39517 Telephone: 601-957-6010 BP PLC: E.D. La. Suit Alleges Negligence & Inadequate Response -------------------------------------------------------------- Attorneys with The Lanier Law Firm filed a class action lawsuit last week on behalf of Louisiana residents affected by the oil spill caused by the Deepwater Horizon explosion. On April 20, 2010, an explosion and fire occurred on the Deepwater Horizon, a massive oil rig owned by Swiss-based Transocean Ltd. (NYSE: RIG) and leased to UK-based BP PLC. According to the lawsuit, BP PLC, Transocean Ltd., Cameron International Corporation and Halliburton Energy Services violated the Oil Pollution Act and were negligent in failing to properly operate, inspect, and maintain the Deepwater Horizon rig. Attorneys for the plaintiffs also allege that the defendants' inadequately responded to the explosion and resulting oil leak, causing severe damage to the fragile ecosystem in the Gulf of Mexico. The companies initially reported that the well was leaking 1,000 barrels per day, but evidence now shows that the well is leaking more than 5,000 barrels. According to the lawsuit, the defendants "impaired the response to the emergency, greatly increasing the danger to the environment, human health, and the Gulf Coast economy, by knowingly understating the amount of oil that was leaking from the well." The lawsuit also alleges that the oil spill "has formed a vast expanse of thick, poisonous sludge, contaminating an area larger than the state of Rhode Island. The oil slick will continue to expand until the ruptured pipe is shut off, a process that could take weeks or months." "By consciously understating the magnitude of the leak, the defendants put the entire Gulf Coast region in increasing danger," says attorney Mark Lanier. "This oil will not simply evaporate off the water, and in two months we're likely to be looking at a spill surpassing the Exxon Valdez disaster." The plaintiff in Nova Affiliated, S.A. v. BP, PLC et al., Case No. 10-cv-01313 (E.D. La.) (______, J.), is represented by: Dana Taschner, Esq. THE LANIER LAW FIRM 2029 Century Park East, 14th Floor Los Angeles, CA 90067 Telephone: (800) 723-3216 - and - W. Mark Lanier, Esq. THE LANIER LAW FIRM 6810 FM 1960 West Houston, TX 77069 Telephone: (713) 659-5200 - and - Soren Erik Gisleson, Esq HERMAN, HERMAN, KATZ & COTLAR, LLP 820 O'Keefe Avenue New Orleans, LA 70113 Telephone: (504) 581-4892 E-mail: sgisleson@hhkc.com BRITISH PETROLEUM: Oil Spill Triggers Alabama Shrimper's Suit ------------------------------------------------------------- Brendan Kirby at the Mobile Press-Register reports that a Bayou La Batre, Ala., shrimper filed a class-action federal lawsuit last week against British Petroleum and several other companies with ties to a damaged rig that is leaking thousands of gallons of oil into the Gulf of Mexico. The suit, believed to be the first litigation filed in Alabama in relation to the Gulf of Mexico spill, joins litigation filed over the past few days in Florida and Louisiana. "What we're trying to achieve is to get at the truth of what happened on the Deepwater Horizon," said Sid Jackson, an attorney for the plaintiff, James F. Mason Jr. Mr. Jackson said his client, who operates a corporation called K&J Inc. and owns an 82-foot shrimp boat, already has taken financial hit by not being able to shrimp near the spill. "Even as we speak, money is being lost, and it's only going to get worse," Jackson said. BRITISH PETROLEUM: Beasley Allen Files Oil Spill Suit in Alabama ---------------------------------------------------------------- Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. has filed a class action lawsuit (Case No. AL-2010-CR256941) against British Petroleum and several other companies with ties to the Deepwater Horizon oil spill. The firm seeks to represent individuals and businesses that have incurred damages related to the disaster, including; real property damages; personal property damages; loss of profits and earning capacity; loss of commercial and subsistence use of natural resources; increased costs of public services; and, loss of revenues. The oil spill resulted from the explosion and sinking of the oil platform Deepwater Horizon in the Gulf of Mexico on April 20th. Coast Guard officials estimate 5,000 barrels a day are leaking into the Gulf. The oil slick made landfall in southern Louisiana early Friday and is expected to reach Mississippi and Alabama within the coming days. Experts are calling this the worst environmental crisis since the Exxon Valdez and are predicting the economic impact to be greater than that associated with hurricane Katrina. They estimate the massive oil spill has the potential to negatively affect the entire Gulf coastline. This includes a negative economic impact on thousands who earn their livelihood in the fishing industry, as well as tourism, itself a major industry along the scenic oceanfront. Additionally, the environmental impact is expected to be severe, with oil and byproducts damaging fragile marshlands, marine and bird life. "We are calling on the Alabama congressional delegation to do everything in their power to speed federal resources to the Gulf coast in order to minimize damage to the environment and the thousands of families that depend on these waters for their livelihood. Our thoughts and prayers are with responders," said Beasley Allen founding shareholder: Jere L. Beasley, Esq. BEASLEY ALLEN, et al. 218 Commerce Street Montgomery, AL 36104 Telephone: (800) 898-2034 E-mail: jere@beasleyallen.com About Beasley Allen Law Firm Beasley Allen has an experienced Toxic Tort section that includes lawyers and staff who have handled numerous environmental disaster cases. Protection of people, their property, and their livelihood from large corporate polluters is one of Beasley Allen's top priorities. Our attorneys are fighting to make a difference in the lives of those threatened by environmental pollution. We currently are handling class action litigation against the Tennessee Valley Authority in the largest coal ash spill in U.S. history. These are difficult cases, but Beasley Allen is fighting to make a difference. From the largest toxic tort settlement in U.S. history for PCB contamination - $700 million - to a $20.7 million verdict against Continental Carbon for air pollution, Beasley Allen is playing a significant role in toxic tort cases. Headquartered in Montgomery, Alabama, Beasley Allen -- http://www.beasleyallen.com/-- is comprised of 44 attorneys and more than 200 support staff. Beasley Allen is a national leader in civil litigation, with verdicts and settlements of over $20 billion. CONSECO SENIOR: Accused in Missouri Suit of Fraud ------------------------------------------------- Courthouse News Service reports that a class action claims Conseco Senior Health Insurance Co. misrepresented long-term care insurance policies, hid the risk of multiple premium increases, and falsely sold the policies as "guaranteed renewable," in Jackson County Court, Kansas City, Mo. A copy of the Complaint in Hasenyager v. Conseco Senior Health Insurance Company, et al., Case No. _____ (Mo. Cir. Ct., Jackson Cty.), is available at: http://www.courthousenews.com/2010/04/29/Insurance.pdf The Plaintiff is represented by: Gregory Leyh, Esq. GREGORY LEYH, P.C. 104 NE 72nd St., Suite I Gladstone, MO 64118 Telephone: 816-283-3380 E-mail: gleyh@leyhlaw.com DENBURY RESOURCES: Accused in N.Y. of Misleading Shareholders ------------------------------------------------------------- Courthouse News Service reports that Denbury Resources made false and misleading statements in its $4.5 billion cash-and-stock merger with Encore Acquisition Corp., in effect shorting stockholders by 800,000 shares, according to a class action in Brooklyn Federal Court. A copy of the Complaint in Bensinger v. Denbury Resources Inc., et al., Case No. 10-cv-01917 (E.D.N.Y.) (Trager, J.), is available at: http://www.courthousenews.com/2010/04/29/SCA.pdf The Plaintiff is represented by: Joseph H. Weiss, Esq. Mark D. Smilow, Esq. Joshua M. Rubin, Esq. WEISS & LURIE 551 Fifth Ave. New York, NY 10176 Telephone: 212-682-3025 - and - Jules Brody, Esq. STULL, STULL & BRODY 6 East 45th St. New York, NY 10017 Telephone: 212-687-7230 DOLLAR THRIFTY: Okla. Lawsuit Challenges Hertz Transaction ---------------------------------------------------------- On April 28, 2010, Federman & Sherwood says it filed the first class action lawsuit in the District Court of Tulsa County, Oklahoma, against Dollar Thrifty Automotive Group and Hertz Global Holdings, Inc., and certain individuals. This class action was filed on behalf of shareholders of Dollar Thrifty against certain officers and directors of Hertz to obtain appropriate relief arising out of Defendants' efforts to sell Dollar Thrifty via an unfair process and at a grossly unfair price designed to minimize shareholder value. The officer Defendants of Dollar Thrifty are alleged to have violated applicable law by directly breaching their fiduciary duties of loyalty, good faith and fair dealing to the Company's shareholders. In pursuing this alleged unlawful plan to cash out Dollar Thrifty's public shareholders for grossly inadequate consideration of $41.00 per share in a mix of cash and Hertz common stock, each of the Defendants violated applicable law by directly breaching and/or aiding the other Defendants' breaches of their fiduciary duties of loyalty, due care, independence, good faith and fair dealing. Instead of attempting to negotiate a transaction reflecting the highest price reasonably available for the Company's shareholders, Defendants allegedly spent considerable effort tailoring the Proposed Acquisition for their benefit. If you wish to discuss this action, participate in this or any other lawsuit, or have any questions or concerns regarding this notice, or preservation of your rights, please contact: CONTACT: William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 North Pennsylvania Avenue Oklahoma City, OK 73120 Telephone: (405) 235-1560 http://www.federmanlaw.com/ EUROMARKET DESIGNS: Accused of Labor Code Violations ---------------------------------------------------- Roland Lopez, individually and on behalf others similarly situated v. Euromarket Designs, Inc., Case No. BC436515 (Calif. Super. Ct., Los Angeles Cty. Apr. 26, 2010), asserts violations of the California Labor Code and violation of the California Business & Professions Code Sec. 17200. Roland Lopez accuses Euromarket of failing to: (i) pay overtime wages, (ii) provide uninterrupted meal and rest periods, (iii) pay all wages due, (iv) pay all wages owed to employees upon their discharge or resignation, (v) keep accurate and complete payroll records, and (vi) properly compensate its employees in order to increase its profits. Euromarket Designs, Inc., doing business as Crate & Barrel, operates a chain of houseware stores. Roland Lopez worked as a salaried "store manager" at a Crate & Barrel store from September 2006 until March 2009. The Plaintiff demands a jury trial and is represented by: Matthew Righetti, Esq. John Glugoski, Esq. RIGHETTI LAW FIRM 456 Montgomery St., Suite 1400 San Francisco, CA 94104 - and - Edwin Aiwazian, Esq. Ghazaleh Hekmatjah, Esq. THE AIWAZIAN LAW FIRM 410 West Arden Ave., Suite 203 Glendale, CA 91203 Telephone: (818) 265-1020 GRIFFIN INDUSTRIES: Settlement Near in Animal Rendering Odor Suit ----------------------------------------------------------------- S. Heather Duncan at macon.com reports that residents of East Dublin, Ga., have reached a preliminary settlement in a class- action lawsuit against a controversial animal rendering plant. The suit, filed in 2003, alleged that Griffin Industries' negligent operation of its Laurens County plant caused odors that reduced the property values of those who lived within two miles. Including some former residents, the class contains about 2,000 people, the residents' attorney: Steven Rosenwasser, Esq. BONDURANT, MIXSON & ELMORE, LLP 1201 West Peachtree St., N.W., Suite 3900 Atlanta, GA 30309 Telephone: 404-881-4100 E-mail: rosenwasser@bmelaw.com said in an e-mail. The Griffin plant, which cooks animal fats into oils used in various products, was the subject of a federal environmental prosecution earlier this decade. Later, it filed its own suit against state and local politicians it claimed were trying to shut down the plant. In the class-action settlement reached in March, Griffin admits no wrongdoing, but it agreed to pay $100,000 a year for three years, or $300,000 by the beginning of 2012, to control odors at the East Dublin facility. One of the measures it will take is to install a synthetic cover over one of its waste treatment lagoons. Larry Kight, one of the four residents who represents the entire class of plaintiffs in the lawsuit, said he thinks this was the most important concession. Mr. Rosenwasser stated in an e-mail: "It is our expectation that the reduction in odors will cause an increase in property values; as a result, this settlement should translate into real dollars for members of the class." When asked whether Griffin believed the cover would reduce odors, Griffin's director of legal affairs, Chris Griffin, responded in an e-mail that "Griffin believes that the addition of a synthetic cover to our anaerobic lagoon will further enhance our wastewater treatment process while continuing Griffin's commitment to environmental stewardship." East Dublin Mayor George Gornto, who said he would probably have qualified as a member of the class, expressed confidence that the settlement will decrease odors from Griffin. He said it will provide more immediate relief for East Dublin residents than would continuing a court battle for years. Mayor Gornto, once a vocal critic of Griffin, was among local and state elected officials the company sued several years ago in a case he said was settled last year with no conditions or money changing hands. He says this additional settlement enables the city and the company to move forward to achieve mutual goals of supporting viable business while preventing unwanted odors. Kentucky-based Griffin Industries agrees in the settlement to pay up to $2,000 each to four residents who represented the class in the lawsuit: Larry Kight, Cynthia Green, Ann Fennell and Joyce Renfroe. Griffin also agrees that from 2010 through 2012 the company will provide Mr. Rosenwasser with information about the plant's operations, including copies of quarterly environmental testing results required by the state; information about any violations of the company's environmental or agricultural permits and what steps Griffin is taking to correct problems; copies of the company's odor logs; and instances when the company receives more than three odor complaints on the same day. Griffin's recent environmental compliance record has been good. Kevin Chambers, communications director of the Georgia Environmental Protection Division, said Griffin has not violated its state air or wastewater permits in the past five years. For its operation of a system that sprays the plant's wastewater onto a field, the company won 2007 Plant of the Year from the Georgia Association of Water Professionals, according to the association's communications director, Bryan Wagoner. Griffin also agreed as part of the settlement to give $10,000 a year for three years to the East Dublin Fire Department. Mr. Kight said he and the other plaintiffs suggested this donation, which will probably go toward the construction of a new fire department, because they thought it would help the largest number of East Dublin residents. "All in all, I'm fairly happy" with the settlement," Mr. Kight said. "I don't think we were in a position to get them to stop the odors completely. . . . Our lawyers felt this was the very best we were going to be able to get." Griffin had a pending motion to decertify the case as a class- action suit. Chris Griffin wrote in an e-mail that, "Griffin feels that this is a fair settlement that will allow Griffin to continue to build upon the good relationships it has worked hard to establish with the cities of Dublin and East Dublin and their respective residents while continuing to make long-term investments in the community." Mr. Kight said that since the suit was filed, the plant has smelled bad less frequently. "But East Dublin still has a stigma, and that's the biggest thing I think we'll never get over," Mr. Kight said. "I'm very pleased and proud of what we were able to accomplish. . . . Am I totally satisfied? No." He said he would like Griffin to have admitted that the plant smells and apologized for the way it operated in the past. The plant has been controversial for most of the last decade. In 2003, the EPA filed federal criminal charges against Griffin, alleging illegal water pollution and a conspiracy to violate the Clean Water Act. Many of the allegations were related to how the company managed its wastewater spray field. A week before the trial, Griffin pleaded guilty to a misdemeanor, paid a $50,000 fine, and the remaining charges were dropped. The U.S. attorney's office never explained why. Under the federal Freedom of Information Act, The Telegraph in 2004 requested the EPA's documents related to the investigation and prosecution of the case. The law requires a response within 20 business days. Griffin filed suit against the EPA to prevent the release of the documents, and the case spent years in a Kentucky court before a ruling in Griffin's favor. For the first time this month, the EPA has begun releasing some documents in response to The Telegraph's request. Mr. Rosenwasser had also requested many of the same documents, but that request was withdrawn as a result of the court settlement. The settlement has received preliminary approval from Fulton County Superior Court, Mr. Rosenwasser stated in an e-mail. But it will not be finalized until the members of the class are notified and given an opportunity to comment or object. LAJOBI INC: Recalls 217,000 Graco(R)-Branded Drop Side Cribs ------------------------------------------------------------ The U.S. Consumer Product Safety Commission, in cooperation with LaJobi Inc., of Cranbury, N.J., announced a voluntary recall of about 217,000 Graco(R)-branded drop side cribs made by the company. Consumers should stop using recalled products immediately unless otherwise instructed. The drop side hardware can break or fail, allowing the drop side to detach from the crib. When the drop side detaches, a hazardous gap is created between the drop side and the crib mattress in which infants and toddlers can become wedged or entrapped, posing a risk of suffocation and strangulation. In addition, children can fall from the cribs when the drop side detaches or fails to lock. CPSC and LaJobi have received a total of 99 reports of drop side incidents, including hardware breakage and drop side detachment. There were two incidents in which children became entrapped in the gap created by the detached drop side. Both children were freed by their caregivers. There were six reports of children falling due to drop side failure, including one report of a mild concussion. This recall involves LaJobi-manufactured Graco(R) wood cribs. The full size cribs were sold in cherry, espresso, natural and white finishes. The production date, item number, purchase order number and finish name is printed on a label affixed to the footboard or headboard. "LaJobi" and the crib model name are printed on a product sticker located on the stabilizer bar or bottom rail of the crib. Pictures of the recalled products are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10212.html The recalled products were manufactured in China and Vietnam and sold through children's product stores and other retailers nationwide from February 2007 to March 2010 for between $140 and $200. Consumers should immediately stop using the recalled cribs and contact LaJobi to receive a free hardware retrofit kit that will immobilize the drop side. CPSC urges parents and caregivers to find an alternative, safe sleeping environment for their baby. For additional information, contact LaJobi toll-free at (888) 842-2215 anytime, or visit the firm's Web site at http://www.LaJobi.com/ LINC GROUP: Accused of Not Paying All Wages Owed ------------------------------------------------ David Thomas, on behalf of himself and others similarly situated v. The Linc Group, LLC, et al., Case No. BC436393 (Calif. Super. Ct., Los Angeles Cty. Apr. 26, 2010), accuses Linc Group of not paying all wages owed, including overtime wages, failing to provide accurate wage statements, failing to pay waiting time penalties, and unfair competition in violation of the California Business and Professions Code Sec. 17200. Mr. Thomas believes that Linc Group and its Co-Defendants engage in the business of electrical retail sales and service. The Plaintiff is represented by: Alejandro P. Gutierrez, Esq. HATHAWAY, PERRETT, WEBSTER, POWERS, CHRISMAN & GUTIERREZ 5450 Telegraph Road, Suite 200 Ventura, CA 93003 Telephone: (805) 644-7111 E-mail: agutierrez@hathawaylawfirm.com - and - David King, Esq. KING, CHENG & MILLER LLP 117 East Colorado Blvd., Suite 260 Pasadena, CA 91105 Telephone: (626) 304-9001 E-mail: dpk@kcmlaw.net MUNICIPALITY OF ANCHORAGE: Sued Over Unlawful Police Raids ---------------------------------------------------------- Nick Divito at Courthouse News Service reports that police raids on homeless camps are unconstitutional, the American Civil Liberties Union of Alaska claims in a class action filed Wednesday in Anchorage Superior Court. The ACLU's lawsuit was filed on behalf of disabled veteran Dale Engel, who says the homeless camp where he lives was raided and his belongings seized or destroyed, including "irreplaceable souvenirs of better times in the life of a homeless person: a letter from a now-dead child or parent, military medals, a photo album from a wedding." He says medals he got from serving in the Army and the National Guard were taken in 2006, and that his tent and sleeping bag were taken last spring. "Taking the sleeping bags and tents from homeless campers ... deprives the poorest among us of the few possessions they have," the complaint says. Mr. Engel says he tried to get the medals and ribbons back, but was told by authorities they were gone. The lawsuit challenges a change in laws that cut in half the required time to give notice to residents of tent cities to clear out, giving the homeless only 12 hours to leave a homeless camp before their belongings are seized and destroyed. At least three camps have been raided since the ordinance was passed last July, the lawsuit states. "For a homeless person, this inadequate period of notice provides no relief for someone who may not be present during the 12 hours when notice is posted," the lawsuit states. "It is entirely impossible for notice to be posted in the morning while a homeless camper is away searching for employment, looking for food or attempting to find better shelter during inclement weather." Plaintiffs seek an order that notification laws and the raids are unconstitutional. A copy of the Complaint in Engle v. Municipality of Anchorage, et al., Case No. _____ (Alaska Super. Ct., Anchorage Cty.), is available at: http://www.courthousenews.com/2010/04/29/ACLU%20Alaska.pdf The Plaintiff is represented by: Thomas Stenson, Esq. ACLU OF ALASKA FOUNDATION 1057 W. Fireweed Lane, Suite 207 Anchorage, AK 99503 Telephone: 907-258-0044 E-mail: tstenson@akclu.org NATIONWIDE PROPERTY: Notice of Modified Policyholder Settlement --------------------------------------------------------------- The Honorable James S. Gwin has entered an Order in Van Horn, et al. v. Nationwide Property and Casualty Insurance Company, et al., Case No. 08-cv-00605 (N.D. Ohio) approving an Addendum to the Stipulation of Settlement that: -- clarifies the scope of the release of claims; and -- provides additional benefits for automobile policyholder class members. Class members who file timely claims will be entitled to an estimated cash payment of up to $199.44. The exact amount of the payment is subject to the remaining auto rental benefit coverage for a class member's total loss incident and the terms of the Settlement. Claims must be postmarked no later than May 24, 2010, and additional information is available from Epiq Systems, Inc., at: http://www.nationwideclassaction.com/ The Class is represented by: Brian S. Kabateck, Esq. Richard L. Kellner, Esq. KABATECK BROWN KELLNER LLP 644 South Figueroa Street Los Angeles, CA 90017 Telephone: (213) 217-5000 - and - Austin Tighe, Esq. FEAZELL & TIGHE LLP 6300 Bridgepoint Parkway, Suite 220 Austin, TX 78730 Telephone: (512) 372-8100 - and - Alberto R. Nestico, Esq. KISLING, NESTICO & REDICK LLC 3200 W. Market Street, Suite 300 Akron, OH 44333 Telephone: (330) 869-9007 Nationwide is represented by: Michael H. Carpenter, Esq. CARPENTER LIPPS & LELAND LLP 280 Plaza, Suite 1300 280 North High Street Columbus, OH 43215 PFIZER CANADA: Opt-Out Deadline this Month for Depo-Provera Users ----------------------------------------------------------------- Ross Marowits at The Canadian Press reports that time is running out for Canadian women to opt out of a class-action lawsuit against Pfizer Canada Inc. and Pfizer Inc. over its birth control drug Depo-Provera. Montreal-based law firm Belleau Lapointe said Friday that people have until the end of May to decide whether to exclude themselves from the lawsuit. "It's the last chance for people who don't want to be bound by the judgment on the merits of the class action to opt out of the class," lawyer Maxime Nasr said in an interview. A Quebec Superior Court judge authorized the class-action lawsuit against Pfizer (NYZE:PFE) about two years ago. The suit represents people claiming to have suffered a loss of bone mineral density from using the drug. More than 100,000 prescriptions of the drug were signed by doctors before 2004, said Nasr. "Every Canadian who took the prescription and claims to have a loss of bone marrow density is included in the class action unless they opt out." The suit alleges the company failed to fulfil certain obligations by misrepresenting the risks associated with the use of the long- lasting contraceptive. Launched in 2005, the suit marked the first time a Quebec judge certified a contested national class action claim, said Nasr. Similar class action claims in B.C., Ontario, and Alberta have been suspended. A trial on the merits of the claim could be up to two years away. The claimants are seeking $50 million in punitive damages and compensation depending on the specific injuries suffered by the class members. The suit is also seeking $250,000 in damages for lead claimant Noelia Brito, a Gatineau, Que., woman in her forties. More information can be obtained at http://www.depoprovera.ca/ SEA VIEW: Charged With Failure to Provide Meal and Rest Periods --------------------------------------------------------------- Steven R. Kahn, on behalf of himself and others similarly situated v. Sea View Restaurants, Inc., Case No. BC436524 (Calif. Super. Ct., Los Angeles Cty. Apr. 26, 2010), asserts multiple violations of California's wage laws, including failure to provide meal and rest periods for its employees, and unfair competition in violation of California's Business and Professions Code Sec. 17200. The Plaintiff is represented by: D. Joshua Staub, Esq. LAW OFFICE OF MARK J. LEONARDO P.O. Box 1914 Santa Monica, CA 90406-1914 Telephone: (310) 929-5269 - and - Mark J. Leonardo, Esq. LAW OFFICE OF MARK J. LEONARDO 25019 Pacific Coast Highway Malibu, CA 90265 SIMPLICITY INC: Recalls Full-Size Cribs; One Infant Death Report ---------------------------------------------------------------- The U.S. Consumer Product Safety Commission announced the recall of all Simplicity Inc.'s full-size cribs with tubular metal mattress-support frames. CPSC staff urges parents and caregivers to stop using these cribs immediately and find an alternative, safe sleeping environment for their baby. Customers are advised not to attempt to fix these cribs. The crib's tubular metal mattress-support frame can bend or detach and cause part of the mattress to collapse, creating a space into which an infant or toddler can roll and become wedged, entrapped or fall out of the crib. CPSC has received a report of a one-year-old child from North Attleboro, Mass., who suffocated when he became entrapped between the crib mattress and the crib frame in April 2008. CPSC is aware of 13 additional incidents involving the recalled cribs collapsing due to the metal mattress-support frame bending or detaching, including one child entrapment that did not result in injury; and one child who suffered minor cuts to his head when his mattress collapsed and he fell out of the crib. This recall includes fixed-side and drop-side cribs. These cribs pose a risk of serious injury or death due to entrapment, strangulation, suffocation and fall hazards to infants and toddlers. Pictures of the recalled products are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10211.html Due to the fact that Simplicity and its successor, SFCA Inc., are no longer in business, CPSC has limited information about the number of cribs sold. All Simplicity drop-side cribs have previously been recalled for a hazard involving the drop side. Simplicity drop-side cribs could still be in use by parents or caregivers who are unaware of the recalls or by those who received a repair kit to immobilize the drop side from Simplicity when the firm was still in business. This recall involves all Simplicity cribs with tubular metal mattress-support frames, which include but are not limited to the following models: Crib Name Model Number --------- ------------ Aspen 4-in-1 8755 Chelsea Deluxe 4-in-1 Convertible Sleep System 8324 Graco 4-in-1 Ultra Sleep System 4600 Graco Aspen 3-in-1 8740 Simplicity Crib and Changer Combo 8994 Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System 8676 Simplicity Nursery-in-a-Box Convertible Crib 8910 Some model numbers are followed by letters, indicating the color or finish of the crib. The name "Simplicity Inc." or "Simplicity for Children" appears on a label on the crib's mattress-support frame and/or the crib's end panels. The cribs were manufactured in China. The recalled cribs were sold at Walmart, Target, Babies R Us and other stores nationwide for between $150 and $300. Consumers should contact the store where the crib was purchased to receive a refund, replacement crib or store credit. SONY CORP: Thirteenth Optical Disc Drive Price-Fixing Suit Filed ---------------------------------------------------------------- Tina Corse, on behalf of herself and others similarly situated v. Sony Corporation, et al., Case No. 10-cv-01834 (N.D. Calif. Apr. 28, 2010), accuses the multinational conglomerate of conspiring to fix the price of optical disc drive products sold in the United States, resulting to artificially inflated prices for optical disc drive products sold in the market, in violation of antitrust and consumer protection laws. The Plaintiff is represented by: Josef D. Cooper, Esq. Tracy R. Kirkham, Esq. John D. Bogdanov, Esq. COOPER & KIRKHAM, P.C. 357 Tehama St., Second Floor San Francisco, CA 94103 Telephone: (415) 788-3030 E-mail: jdc@coopkirk.com trk@coopkirk.com jdb@coopkirk.com Coverage of Slavin v. Sony Optiarc, Inc., et al., Case No. 10-cv-01291 (N.D. Calif.), appeared in the Class Action Reporter on Mon., Apr. 5, 2010; coverage of Herman v. Sony Corporation, et al., Case No. 10-cv-01362 (N.D. Calif.), appeared in the Class Action Reporter on Tues., Apr. 6, 2010; coverage of Bay Area Systems, LLC v. Sony Corporation, et al., Case No. 10-cv-01403 (N.D. Calif.), appeared in the Class Action Reporter on Thurs., Apr. 8, 2010; coverage of Carney v. Sony Corporation, et al., Case No. 10-cv-01406 (N.D. Calif.), appeared in the Class Action Reporter on Fri., Apr. 10, 2010; coverage of Tabatabai v. Sony Corporation, et al., Case No. 10-cv-01450 (N.D. Calif.), appeared in the Class Action Reporter on Mon., Apr. 12, 2010; coverage of Wagner v. Sony Optiarc, Inc., et al., Case No. 10-cv-01451 (N.D. Calif.), appeared in the Class Action Reporter on Mon., Apr. 12, 2010; coverage of Berezin v. Hitachi, Ltd., et al., Case No. 10-cv-01533 (N.D. Calif.), appeared in the Class Action Reporter on Wed., Apr. 14, 2010, coverage of Friedson v. Sony Corporation, et al., Case No. 10-cv-01574 (N.D. Calif.), appeared in the Class Action Reporter on Mon., Apr. 19, 2010; coverage of The Stereo Shop v. Samsung Storage Technology Corp., et al., Case No. 10-cv-01603 (N.D. Calif.), appeared in the Class Action Reporter on Mon., Apr. 20, 2010; coverage of Garland v. Sony Optiarc, Inc., et al., Case No. 10-cv-01703 (N.D. Calif.), appeared in the Class Action Reporter on Wed., Apr. 28, 2010; coverage of Byrne v. Sony Corporation, et al., Case No. 10-cv-01722 (N.D. Calif.), appeared on Wed., Apr. 28, 2010; and coverage of Daley v. Sony Optiarc, Inc., et al., appeared in the Class Action Reporter on Wed., Apr. 28, 2010. SOUTHLAND TRANSIT: Labor Code Violations Alleged ------------------------------------------------ Victor Soliz, on behalf of himself and others similarly situated v. Southland Transit, Inc., Case No. BC436499 (Calif. Super. Ct., Los Angeles Cty. Apr. 26, 2010), alleges violations of the Labor Code, including failure to provide meal and rest periods, failure to pay all wages due, and failure to provide accurate wage statements; and violations of the California Bus. & Prof. Code. Mr. Soliz was formerly employed as a bus driver for the transit company. South contracts with the Los Angeles County Metropolitan Transit Authority to operate certain LACMTA bus routes. The Plaintiff is represented by: Willian J. Flynn, Esq. Benjamin K. Lunch, Esq. Eileen M. Bissen, Esq. NEYHART, ANDERSON, FLYNN & GROSBOLL 44 Montgomery St., Suite 2080 San Francisco, CA 94104-6702 Telephone: (415) 677-9440 E-mail: blunch@neyhartlaw.com TRANSOCEAN LTD: Faces Two Lawsuits Over Gulf of Mexico Oil Spill ---------------------------------------------------------------- Nick Divito at Courthouse News Service reports that a pair of federal lawsuits have been filed over last week's massive oil spill in the Gulf of Mexico. The first, a class action filed Wednesday on behalf of commercial fishermen, accuses Transocean and BP of negligence. The second, filed Thursday by an engineer on board the rig when it exploded, seeks $6 million for his alleged injuries. Deepwater Horizon was a floating oil rig owned by Transocean and operated by BP 50 miles southeast of Venice, La., in the Gulf of Mexico. At about 10 p.m. on April 20, an explosion occurred on the ship during drilling for oil, killing 11. According to the first complaint, Troy Wetzel with Extreme Fishing says the crew of the Transocean was incompetent, and that the company failed to properly supervise and train its employees. He also accuses BP of failing to maintain the rig "in a reasonable and prudent manner." "The explosion and subsequent fire caused such significant damage to the floating rig structure that it sank in approximately 5,000 feet of water," according to the complaint. The sinking rig caused the well to leak and discharge about 42,000 gallons of oil into the gulf daily. "The well will continue to leak ... until the well is closed -- a period that could consume several weeks or months," the lawsuit states. The lawsuit says a massive oil slick covering "more surface area of the gulf than the state of Rhode Island" spans about 1,200 in the area. "With the gargantuan area contaminated by the oil spill relentlessly growing on a daily basis, plaintiffs and other class members watch in horror as this grave environmental disaster inexorably moves toward the coastline and imperils the nation's largest remaining wetlands and vulnerable habitat for fish, oysters, crabs, shrimp, birds and other precious wildlife," the lawsuit states. "This ecological calamity may become the worst oil spill ever in the Gulf of Mexico, wreaking billions of dollars of damage to plaintiffs and others similarly situated. The first lawsuit was filed by Jonathan Andry. In the second lawsuit, Michael Williams says he was working on the rig as the chief electronics technician when the ship exploded and sank. Mr. Williams says he was severely injured and now suffers "permanent psychic trauma." Along with Transocean and BP, his lawsuit also names Halliburton Energy Services Inc. as a defendant. The second lawsuit was filed by Paul Sterbcow with Lewis, Kullman, Sterbcow & Abramson. TRANSOCEAN LTD: Negligence Led to Oil Rig Explosion, Suit Claims ---------------------------------------------------------------- Dan McCue at Courthouse News Service reports that as the Deepwater Horizon's oil spill spread into an area larger than Rhode Island and BP oil stock dropped by 8 percent, nine federal class actions demand millions of dollars in damages from the British oil giant, Halliburton Energy Services, Transocean and others. Commercial fishermen say negligence and multiple failures of safety and training caused the April 20 oil rig explosion that threatens fisheries throughout the Gulf of Mexico. John Harris, who fishes for red snapper and grouper out of Bay County, Fla., seeks more than $5 million for commercial fishermen. Another commercial fisherman filed a class action in New Orleans, two more class actions were filed in Houston, two in Pensacola, Fla., on behalf of fishermen, charter boat businesses and resorts, three in Mobile on behalf of shrimpers and property owners, and numerous individual claims have been filed by widows of men who died or disappeared in the explosion. Mr. Harris sued Wednesday in the Northern District of Florida, as authorities announced the spill was at least five times larger than first estimated and drifting toward the Gulf Coast. He describes the affected area as "one of the most prolific fishing grounds" in the Gulf, and the area from which the "vast majority of the commercial red snapper and grouper were and would be harvested." The slick was reaching the Louisiana shore early Friday morning. Mr. Harris says the explosion, which left 11 workers missing and presumed dead, came as Halliburton employees were cementing the well and well cap. He says their negligence led directly to the explosion. He also faults Cameron International Corp., formerly known as Cooper Cameron Corp., for manufacturing, supplying and maintaining "blowout preventers" which should have controlled the oil leak once the explosion occurred. Since the night of the accident, a remotely operated vehicle has been deployed and made multiple attempts to activate the blowout protector, to no avail. Coast Guard officials said they believe the well, which lies about 40 miles off the Gulf Coast, is spewing about 5,000 barrels a day -- roughly 200,000 gallons daily. Officials said Thursday that the oil slick quickly could become the nation's worst environmental disaster -- exceeding the havoc caused by the grounding of the Exxon Valdez, which leaked 11 million gallons into Alaska's Prince William Sound in March 1989. The Gulf Coast is home and spawning ground to hundreds of species of fish, birds and other wildlife, and fishing ground for numerous species besides grouper and snapper, including shrimp and oysters. Mr. Harris blames the defendants for multiple failures on the Deepwater Horizon, including poor employee training and supervision, safety planning, construction, and inspection and deployment of equipment. He seeks compensatory and punitive damages and court costs for the class. Louisiana Gov. Bobby Jindal declared a state of emergency Thursday in anticipation of the oil slick's landfall. Gov. Jindal said at least 10 wildlife management areas and refuges in his state and neighboring Mississippi are in the oil plume's path. Gov. Jindal added that billions of dollars invested in coastal restoration since Hurricane Katrina may also be at risk. Also on Thursday, President Obama dispatched Homeland Security Secretary Janet Napolitano and Interior Secretary Ken Salazar to the Gulf Coast, and vowed to use "every available resource" to respond to the disaster. But White House officials said the cost of the cleanup will ultimately be BP's to bear. That cost already has been estimated in the hundreds of millions of dollars. In addition to direct costs, and damages from lawsuits, BP and others face the likelihood of government fines. Congressman Henry Waxman, D-Calif., chairman of the House Committee on Energy and Commerce, already has demanded documents from BP and its drilling contractors. Transocean's stock has dropped by 14 percent since the disaster began. Whether the disaster affects President Obama's recent decision to allow more offshore drilling in Southeast U.S. waters remains to be seen. That policy deeply disappointed many environmentalists who were among President Obama's most enthusiastic backers in the 2008 election. A copy of the Complaint in Harris v. Transocean, Ltd., et al., Case No. 10-cv-00129 (N.D. Fla.), is available at: http://www.courthousenews.com/2010/04/29/Horizon.pdf The Plaintiff is represented by: Bobby J. Bradford, Esq. AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC 803 North Palafox St. Pensacola, FL 32501 Telephone: 850-916-7450 - and - Matthew B. Richardson, Esq. JACKSON, FOSTER & RICHARDSON, LLC P.O. Box 2225 Mobile, AL 36652 Telephone: 251-433-6699 E-mail: mat@jacksonfosterlaw.com YAMAHA MOTOR: Recalls 20,000 Yamaha All-Terrain Vehicles -------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Yamaha Motor Corporation U.S.A., of Cypress, Calif., announced a voluntary recall of about 20,000 Yamaha All-Terrain Vehicles (ATVs). Consumers should stop using the product immediately unless otherwise instructed. The steering column support assembly can crack and cause the rider to lose steering control, posing a risk of injury or death to riders. Yamaha Motor has received 19 reports of incidents involving the recalled ATVs. No injuries have been reported. This recall involves the non-power steering models. Model names can be found on both the right and left hand side of the unit on the side panel. These model numbers are affected by this recall: Model Year Model Name Model Number ---------- ---------- ------------ 2009 Grizzly 550 YFM550FGHY 2009 Grizzly 550 YFM550FGY 2010 Grizzly 550 YFM550FGHZ 2010 Grizzly 550 YFM550FGZ Model Year Model Name Model Number ---------- ---------- ------------ 2008 Grizzly 700 YFM700FGHX 2008 Grizzly 700 YFM700FGX 2009 Grizzly 700 YFM700FGHY 2009 Grizzly 700 YFM700FGY 2010 Grizzly 700 YFM700FGHZ 2010 Grizzly 700 YFM700FGZ Pictures of the recalled products are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10733.html The recalled products were manufactured in Japan and sold through Yamaha dealers nationwide from October 2007 through March 2010 for between $7,000 and $9,500. Consumers should immediately stop using the recalled ATVs and contact their local Yamaha dealer to schedule a free repair. Registered owners were sent direct mail notification of the recall. For additional information, contact Yamaha at (800) 962-7926 any time or visit the company's Web site at http://www.yahama-motor.com/ ********* 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, Joy A. Agravante, Ronald Sy 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. 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