CAR_Public/100924.mbx              C L A S S   A C T I O N   R E P O R T E R

           Friday, September 24, 2010, Vol. 12, No. 189

                             Headlines

1031 TAX: Court Approves $12-Mil. Wave II Lockton Settlement
ADVANCE AMERICA: Will Pay $18.75MM to Settle North Carolina Suit
AGF FUNDS: Reaches Conditional Settlement Pact With Investors
ANTS SOFTWARE: Continues to Defend Labor-Related Suit in Calif.
ANZ BANK: Faces $50-Mil. Class Action Lawsuit Over Illegal Fees

ARENA PHARMACEUTICALS: Sarraf Gentile Files Class Suit in Calif.
BALLY TOTAL: Nov. 18 Hearing on $2-Mil. Shareholder Settlement
CANADIAN SOLAR: Faces Seven Suits Over Delayed Financial Results
CANADIAN SOLAR: Faces Suit in Ontario Over Delayed Financials
CELANESE CORP: Aggregate Funding for Settlement at $1.1 Billion

CELANESE CORP: CNA Holdings Remains a Defendant in Various Suits
CELANESE CORP: Appeal on Nod to Strike Class Allegations Pending
CHARLIE CRIST: Judge Denies Preliminary Injunction Motion
CLARCOR INC: Continues to Defend Filters Suit
D&D DISTRIBUTING: Recalls 23,000 Rings and Necklaces

DELL INC: Court Gives Final Approval to Settlement Agreement
DISCOVER BANK: Settles Calif. Payment Timing Suit for $1.75-Mil.
DOLLAR TREE: Motion to Decertify California Suit Still Pending
DOLLAR TREE: Motion to Decertify Alabama Suit Remains Pending
DOLLAR TREE: Motion to Decertify Managers' Suit Pending

DOLLAR TREE: Plaintiffs' Appeal on Dismissed Suit Pending
FLYING CARPET: Settles Class Action Over Fake Flights
FRANKLIN TEMPLETON: Has Conditional Settlement Pact With Investors
GERSON COMPANY: Recalls 212,000 "20" Glass Vases
GLOBAL EDUCATION: CFO Defendant in New York Securities Suit

HARRAH'S ENTERTAINMENT: NJ Court Says Casino Violated Fraud Act
IG INVESTMENT: Reaches Conditional Settlement Pact With Investors
INDEPENDENT PROCESSING: 8th Cir. Vacates Westerfield Remand Order
MAXIM INTEGRATED: Sept. 27 Hearing Set for Settlement Approval
REDFLEX TRAFFIC: Wiedermann Presses Case Over Red-Light Cameras

SAMSUNG ELECTRONICS: Accused of Selling Defective Refrigerators
PCS EDVENTURES!.COM: Faces Class Suit in Idaho Over Fake Contract
QANTAS AIRWAYS: American Law Firm Launches Claim Over Flight 72
STATION CASINOS: Ex-Employees Suit in Nevada Remains Stayed
UNITED STATES: Non-Profit Group Sues Over Immigration Law

* Annual D&O Report Reveals Fewer Securities Class Action Suits

                        Asbestos Litigation

ASBESTOS UPDATE: KDOC Orders Abatement at Two Prison Facilities
ASBESTOS UPDATE: Hazard Found at Gardens of Stone National Park
ASBESTOS UPDATE: Fort Wayne Lawsuit v. IDEM on Abatement Ongoing
ASBESTOS UPDATE: Rolls-Royce Worker's Death Related to Exposure
ASBESTOS UPDATE: Whitehaven Resident's Death Related to Exposure

ASBESTOS UPDATE: Hazard to be Cleared From Fla. Mobile Home Park
ASBESTOS UPDATE: Cleanup at Warren County Bldg. to Cost $120,000
ASBESTOS UPDATE: Cleanup at Leigh Parish Church Costs GBP10,000
ASBESTOS UPDATE: 10 England Councils Fined for Breach in Schools
ASBESTOS UPDATE: U.K. Local Authorities Satisfy Asbestos Program

ASBESTOS UPDATE: Appeals Court to Affirm Ruling in Kurns Lawsuit
ASBESTOS UPDATE: Court OKs Ford, Honeywell Bid in Shepherd Claim
ASBESTOS UPDATE: Lockheed Summary Judgment Upheld in Arnold Case
ASBESTOS UPDATE: Court Denies Disclosure Bid in Allison Lawsuit
ASBESTOS UPDATE: Court OKs AMF Dismissal Motion in King Lawsuit

ASBESTOS UPDATE: Kentucky DOT Fined $6,000 for Safety Violations
ASBESTOS UPDATE: Kidderminster Local's Death Linked to Exposure
ASBESTOS UPDATE: Iconic Gettysburg Electric Map Contains Hazards
ASBESTOS UPDATE: Sheaffer Case v. 85 Firms Filed in Kanawha Co.
ASBESTOS UPDATE: Reisberger Action v. 95 Firms Filed in Kanawha

ASBESTOS UPDATE: Hinton Case v. 58 Firms Filed Aug. 25 in W.Va.
ASBESTOS UPDATE: Moline, Ill. School Dorm Slated for Demolition
ASBESTOS UPDATE: Asbestos Illnesses in British Columbia Rising
ASBESTOS UPDATE: Greedy U.K. Solicitors Target Asbestos Victims
ASBESTOS UPDATE: Remediation Cost at Quincy Site to Exceed $1MM

ASBESTOS UPDATE: Hazard Uncovered in Heyworth School in Illinois
ASBESTOS UPDATE: South Tyneside Pensioner to Get GBP5,000 Payout
ASBESTOS UPDATE: Asbestos Forces Closure of School in York, Pa.
ASBESTOS UPDATE: Asbestos Uncovered at Cairns West State School
ASBESTOS UPDATE: Oaks Hotel in Sioux Falls Slated for Demolition


                             *********

1031 TAX: Court Approves $12-Mil. Wave II Lockton Settlement
------------------------------------------------------------
In In Re: Edward H. Okun Internal Revenue Service Sec. 1031 Tax
Deferred Exchange Litigation MDL No. 2028; Anita Hunter, et al. v.
Edward H. Okun, et al.,  C.A. No. 07-2795 (N.D. Calif.); Quirk
Infiniti, Inc. v. Wachovia Bank, N.A., C.A. No. 08-12060 (D.
Mass.), the Hon. James Ware of the United States District Court
for the Northern District of California signed on September 3 a
FINAL APPROVAL ORDER AND JUDGMENT OF DISMISSAL RE: WAVE II
SETTLEMENT WITH LOCKTON.  The Plaintiffs sought (A) final approval
of the $12,000,000 "Wave II Lockton Settlement", between the
Plaintiffs, on behalf of themselves and all others similarly
situated, and, Gerard A. McHale, Jr., PA, Liquidation Trustee for
the 1031 Debtors Liquidation Trust pursuant to the plan of
reorganization confirmed in the chapter 11 bankruptcy cases for
the 1031 Tax Group, LLC, et al., on the one hand, and Defendant
San Francisco Series of Lockton Companies, LLC, on the other, and
(B) Judgment of Dismissal as to Lockton.  The Wave II Lockton
Settlement was preliminarily approved on May 13, 2010.  The Court-
approved Wave II Notice Documents were distributed to potential
Class Members as required before May 24, 2010.  There were no opt-
outs from the Settlement Class and there were no objections to the
Wave II Lockton Settlement.  Hollister & Brace, Foley, Bezek,
Behle & Curtis, and Zelle, McDonough and Cohen were re-appointed
as Class Counsel.

A copy of the Final Approval Order is available at:

     http://www.leagle.com/unsecure/page.htm?shortname=infdco20100903a51

                        About 1031 Tax Group

Headquartered in Richmond, Virginia, The 1031 Tax Group LLC --
http://www.ixg1031.com/-- was a privately held consolidated group
of qualified intermediaries created to service real property
exchanges under Section 1031 of the Internal Revenue Code.

The Company and 15 of its affiliates filed for Chapter 11
protection on May 14, 2007 (Bankr. S.D.N.Y. Lead Case No.
07-11448).  Gerard A. McHale, Jr., was appointed Chapter 11
trustee.  Jonathan L. Flaxer, Esq., and David J. Eisenman, Esq.,
at Golenbock Eiseman Assor Bell & Peskoe LLP, represent the
Chapter 11 trustee.  Kurtzman Carson Consultants LLC acts as
claims and notice agent.  Thomas J. Weber, Esq., Melanie L.
Cyganowski, Esq., and Allen G. Kadish, Esq., at Greenberg Traurig,
LLP, represent the Official Committee of Unsecured Creditors.  As
of Sept. 30, 2007, the Debtors had total assets of $164,231,012,
total liabilities of $168,126,294, and a stockholders' deficit of
$3,895,282.

Former CEO Edward H. Okun is in federal prison at Northern Neck
Regional Jail in Warsaw, Virginia, after being convicted of mail
fraud and other charges.  Mr. Okun allegedly engaged in several
misappropriations of funds of 1031 Tax Group and other entities.
The funds were used for Mr. Okun's lavish lifestyle including
acquiring properties and luxury asset.


ADVANCE AMERICA: Will Pay $18.75MM to Settle North Carolina Suit
----------------------------------------------------------------
On September 17, 2010, Advance America, Cash Advance Centers,
Inc., along with its North Carolina subsidiary and co-defendant
William M. Webster IV, and the class representatives  in the class
action lawsuit of Kucan et al. v. Advance America, Cash Advance
Centers of North Carolina, Inc. et al., entered into a Stipulation
and Agreement of Settlement for the purpose of resolving all
claims made by the customers of third-party banks for whom the
Company's North Carolina subsidiary marketed, processed and
serviced cash advance, deferred deposit check casing
disbursements, and other loan transactions on or after March 1,
2003.  The Settlement Agreement is subject to court approval and
certain other conditions before it becomes final.

In a regulatory filing with the Securities and Exchange
Commission, the company disclosed that pursuant to the terms of
the Settlement Agreement and subject to court approval, the
parties to the litigation have, without admitting fact, fault, or
liability, agreed to the following terms and conditions:

   * The Company will establish a settlement pool of $18.75
     million for: (i) payment of all attorney fees, class action
     administration fees, and other fees and expenses related to
     the litigation; and (ii) payments to settle all claims by the
     North Carolina Class Members; and

   * The Company and all other defendants will be released from
     any and all claims associated with the class action lawsuit.

The Company expects to take a charge against earnings for this
settlement of between approximately $16.25 million to $18.75
million (depending on the amount of insurance proceeds), which
charge will be reflected in the third quarter of 2010.  The $18.75
million settlement pool will be funded in three payments: (i) $7.5
million will be paid upon preliminary court approval, which is
expected to occur before September 30, 2010; (ii) $8.0 million
will be paid on March 1, 2011; and (iii) $3.25 million will be
paid on the first business day after January 1, 2012.

NewsObserver.com reports the settlement amount  will be split
among more than 140,000 consumers across that state. It will also
be used to cover attorney fees awarded by the court, which must
approve the proposed settlement.

Awards to consumers will be as high as hundreds of dollars in some
cases, said Paul Bland, one of the attorneys representing
consumers in the case. Mr. Bland is senior attorney at Public
Justice, a nonprofit advocacy group in Washington, D.C.

Mr. Bland said that, as far as he is aware, the settlement is the
largest generated to date by a consumer lawsuit against payday
lenders.

Under the settlement announced Tuesday by the N.C. Justice Center,
which also participated in the case, Advance America did not admit
to any violations of state law.

"This was a business decision, which provides closure on the
matter and eliminates continuing legal costs in a market where our
company no longer conducts business," Advance America spokesman
Jamie Fulmer said in a prepared statement.

Payday loans offer short-term cash advances for workers in between
paychecks. The class-action lawsuit, filed in New Hanover County
Superior Court in 2004, alleged some consumers were charged annual
interest rates that exceeded 450 percent. State law caps the
interest rate on short-term loans at 36 percent.

Someone who borrowed $500 could end up paying $5,000 -- and still
owe $500, said Mr. Bland.

"There are some people who really get on this treadmill and start
getting really large sums of debt that just keep on going," he
said.

North Carolina was the first state to shut down payday-lending
outlets in 2001, but some payday lenders -- including Advance
America -- continued to operate after that by forming partnership
with out-of-state banks, arguing that this exempted them from
North Carolina law.

But the state Attorney General's office subsequently went after
Advance America, which was the state's largest payday lender, and
Banking Commissioner Joseph Smith ruled in December 2005 that the
company was charging illegally excessive rates. The remaining
payday lenders were shut down in March 2006.

"There are very few states in which the government has been as
strongly on the side of the consumer as North Carolina," said Mr.
Bland.

Class-action lawsuits against four other payday lenders that
operated in North Carolina are still being pursued.

In the Advance America case, consumers who received payday loans
on or after March 1, 2003 will be eligible for payment. Beginning
in the first half of 2011, checks would be mailed to all class
members who can be located. Class members do not have to take
action to participate in the settlement.

"A lot of our clients are very poor," Mr. Bland said. "The sums of
money that they get out of a case like this can be very, very
significant to them."


AGF FUNDS: Reaches Conditional Settlement Pact With Investors
-------------------------------------------------------------
James Langton, writing for Investment Executive, reports an
Ontario court has decided to certify a class action to facilitate
a settlement between investors and a trio of mutual fund companies
stemming from the market timing scandal.

The Ontario Superior Court of Justice had previously denied class
certification, although it said that most of the criteria for a
class action were met, except that such a suit was not the
"preferable procedure" (because the firms had already settled with
the Ontario Securities Commission concerning these allegations).

That decision is being appealed, and is due to be heard in
November. In the meantime, three of the plaintiffs have signed
conditional settlement agreements with three of the fund companies
AGF Funds Inc., Franklin Templeton Investments Corp., and IG
Investment Management Ltd.

According to the decision, assuming certain conditions are
satisfied, under the settlement agreement, AGF will pay $3.5
million, less the amount awarded to lawyers' fees and
disbursements as the costs of implementing the settlement.
Similarly, Franklin Templeton will pay $5.0 million less costs,
and, IGIM will pay $2.8 million less costs. The funds will be
allocated among the firms' mutual funds.

The court ruled that, in the context of the proposed settlement,
all the criterion for certification have now been satisfied;
adding that the existence of settlement changes the nature of the
preferable procedure analysis.

The other conditions to the settlement include: court approval of
the settlement in Ontario; court approval of the settlement in
parallel proceedings before the Quebec Superior Court; and the
number of opt-outs not exceeding a specified threshold.


ANTS SOFTWARE: Continues to Defend Labor-Related Suit in Calif.
---------------------------------------------------------------
ANTs Software, Inc., continues to defend a labor-related putative
class action complaint pending in the Superior Court of the State
of California, County of San Mateo, according to the company's
Aug. 19, 2010, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2010.

On Aug. 22, 2008, a former ANTs employee, filed a putative class
action complaint for all current and former software engineers,
for failure to pay overtime wages, and failure to provide meal
breaks, among other things.

The former employee is seeking an injunction, damages, attorneys'
fees, and penalties.

The court has tentatively certified in part this matter as a class
action.

ANTs Software, Inc. -- http://www.ants.com/-- is developing the
Ants Compatibility Server (ACS) and develops, markets and supports
the ANTs Data Server ADS.  ACS is middleware that is intended to
offer a method to move applications from one database to another
and enable enterprises to achieve cost efficiencies by
consolidating their applications onto fewer databases.  The
company had developed technologies used in the monitoring and
management of applications and databases related to ACS.


ANZ BANK: Faces $50-Mil. Class Action Lawsuit Over Illegal Fees
---------------------------------------------------------------
Adele Ferguson, writing for The Sydney Morning Herald, reports the
ANZ Bank is the first of 12 banks to be hit with a class action
after allegedly wrongfully charging its customers hundreds of
millions of dollars in penalty fees over the past six years.

The claim against ANZ, which is estimated at $50 million, will be
filed in the Federal Court this morning.

But the $50 million claim could go higher, according to litigation
funder IMF, which is bankrolling the class action on a no-win, no
fee basis.

It is the first of 12 class actions to be lodged against the
banks, in what promises to be the biggest class action in
corporate history.

The legal action against ANZ and the other 11 banks has attracted
210,000 banking customers who believe they have been
systematically stung with exception fees on their accounts from
local and foreign banks.

The average claim is around $1,500 per account holder, with the
highest claim as high as $35,000. The total claim is for a refund
of these unfair fees paid over the last six years (since 2004),
plus interest.

The class action facing ANZ involves three lead applicants and
27,199 individuals and businesses which together hold 40,000
personal and business accounts.

The other banks yet to be served with a writ in the alleged
wrongful and unfair overcharging include National Australia Bank,
Westpac, the Commonwealth Bank and BankWest.

The Reserve Bank of Australia revealed last year that banks
charged exception fees of almost $1.2 billion in the 2008
financial year. No figures are available before 2008 but
litigation funder IMF, which is bankrolling the class actions,
estimates it could total more than $5 billion over six years.

Class action law firm Maurice Blackburn, which is representing the
plaintiffs, alleges that charging these exception fees is illegal
and that the Bank's conduct was unconscionable or unfair within
the meaning of the ASIC, Trade Practices and Fair Trading Acts.

"We will argue that fees charged were unjust within the meaning of
the Consumer Credit Code," Maurice Blackman chairman Bernard
Murphy said.

The legal action is being funded on a "no-win no fee" basis by
litigation funder IMF Australia and managed by its subsidiary
Financial Redress.

Financial Redress boss, James Middleweek said in a statement that
until recently the banks were deducting $1.2 billion a year in
unfair exception fees.

"In the court of public opinion, these unfair, excessive fees were
already proving indefensible by the banks, so much so that some
banks, including ANZ, were forced to reduce or abolish them from
late last year," he said.

Exception fees typically include four types of penalties customers
have been slugged with by the banks. They are honour fees, which
are generally a penalty fee of $40 incurred when a customer
overdraws on a bank account or exceed an agreed overdraft limit
and the bank pays it out; dishonour fees for cheques that bounce;
late payment fees for credit cards or loan accounts, and fees for
overdrawing on a credit card. These fees typically range between
$25 and $60 on each transaction.


ARENA PHARMACEUTICALS: Sarraf Gentile Files Class Suit in Calif.
----------------------------------------------------------------
On September 21, 2010, the law firm of Sarraf Gentile LLP
commenced a securities fraud class action lawsuit on behalf of
those investors who acquired the securities of Arena
Pharmaceuticals, Inc., during the period March 30, 2009 to
September 17, 2010, inclusive. The lawsuit is pending in the
United States District Court for the Southern District of
California and names as defendants Arena and certain of its top
officers.

According to the complaint, the defendants made several statements
during the Class Period about the Company's weight loss drug
lorcaserin which were false and misleading because they omitted
and failed to disclose that tests for lorcaserin indicated that
the drug caused cancer in lab rats. When the results of the rat
carcinogenicity studies became public on September 14, 2010,
the Company's stock fell from a closing price of $6.85 on
September 13, 2010, to a closing price of $4.13 on September 14,
2010, a one day drop of $2.72 or roughly 40%, according to the
complaint. On September 16, 2010, the FDA's advisory committee
held a meeting to review lorcaserin and, according to the
complaint, rejected the drug in light of the concern that the
potential risks of long-term use, including the risk of cancer,
outweighed its benefit. As a result of this news, the Company's
stock fell from a closing price of $3.74 on September 16, 2010 to
a closing price of $1.99 on September 17, 2010, a one day drop of
$1.75 or roughly 46%, according to the complaint.

Plaintiffs are represented by the law firm of Sarraf Gentile LLP,
which has extensive experience in the prosecution of class actions
on behalf of investors.

If you bought the securities of Arena between March 30, 2009 and
September 17, 2010, you may, no later than November 19, 2010, move
the Court to appoint you as lead plaintiff, a representative party
that acts on behalf of other class members. The Court must
determine whether the class member's claim is typical of other
class members' claims, and whether the class member will
adequately represent the class. Your ability to share in any
recovery is not, however, affected by the decision whether or not
to serve as a lead plaintiff. You may retain Sarraf Gentile LLP or
other counsel of your choice, to serve as your counsel in this
action.

If you would like to participate in this action or would like
additional information about the lawsuit, please contact:

     Joseph Gentile, Esq.
     SARRAF GENTILE LLP
     116 John Street, Suite 2310
     New York, NY 10038
     Telephone: 212.868.3610
     Facsimile: 212.918.7967
     E-mail: joseph@sarrafgentile.com


BALLY TOTAL: Nov. 18 Hearing on $2-Mil. Shareholder Settlement
--------------------------------------------------------------
The Honorable John F. Grady will hold a hearing at 2:00 p.m. on
Nov. 18, 2010, to consider the fairness of a $2 million settlement
for the benefit of purchasers of common stock in Bally Total
Fitness Holding Corp. (NYSE: BFT) between Aug. 3, 1999, and Apr.
28, 2004.  Copies of the settlement documents are available at
http://www.bally.hrsclaims.com/

Lead Plaintiffs' Counsel is:

        Sherrie R. Savett, Esq.
        BERGER & MONTAGUE, P.C.
        1622 Locust St.
        Philadelphia, PA 19103
        Telephone: 215-875-3000

All proofs of claim must be filed by Jan. 6, 2011.


CANADIAN SOLAR: Faces Seven Suits Over Delayed Financial Results
----------------------------------------------------------------
Canadian Solar Inc. faces seven shareholder class action lawsuits
in connection with the postponement of the release of its
financial results, according to the company's Aug. 19, 2010, Form
20-F filing with the U.S. Securities and Exchange Commission for
the fiscal year ended Dec. 31, 2009.

On June 1, 2010, the company announced that it would postpone the
release of its financial results for the first quarter ended March
31, 2010 and its quarterly earnings call pending the outcome of an
investigation by the Audit Committee of its Board of Directors
that had been launched after the company received a subpoena from
the SEC requesting documents relating to, among other things,
certain sales transactions in 2009.

As a result of the Audit Committee's investigation, the company
postponed its annual meeting of shareholders.

Thereafter the company and certain of its directors and executive
officers were named as defendants in six shareholder class action
lawsuits filed in the U.S. District Court for the Southern
District of New York and one filed in the U.S. District court for
the Northern District of California.

The lawsuits allege generally that the company's financial
disclosures during 2009 and/or 2010 were false or misleading and
bring claims under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, Rule 10b-5  thereunder and Sections 11,
12(a)(2), and 15 of the Securities Act.

The company anticipates that all of these lawsuits will be
combined, along with any similar complaints filed, into a single
action.

Canadian Solar Inc. -- http://www.canadiansolar.com/-- is one of
the world's largest solar companies.  As a leading vertically
integrated provider of ingot, wafer, solar cell, solar module and
other solar applications, Canadian Solar designs, manufactures and
delivers solar products and solar system solutions for on-grid and
off-grid use to customers worldwide.  With operations in North
America, Europe and Asia, Canadian Solar provides premium quality,
cost-effective and environmentally-friendly solar solutions to
support global, sustainable development.


CANADIAN SOLAR: Faces Suit in Ontario Over Delayed Financials
-------------------------------------------------------------
Canadian Solar Inc. faces a class action lawsuit in Ontario in
connection with the postponement of the release of its financial
results, according to the company's Aug. 19, 2010, Form 20-F
filing with the U.S. Securities and Exchange Commission for the
fiscal year ended Dec. 31, 2009.

On June 1, 2010, the company announced that it would postpone the
release of its financial results for the first quarter ended March
31, 2010 and its quarterly earnings call pending the outcome of an
investigation by the Audit Committee of its Board of Directors
that had been launched after the company received a subpoena from
the SEC requesting documents relating to, among other things,
certain sales transactions in 2009.

As a result of the Audit Committee's investigation, the company
postponed its annual meeting of shareholders.

A class action lawsuit was filed against the company and certain
of its executive officers in the Ontario Superior Court of
Justice.

The lawsuit alleges generally that the company's financial
disclosures during 2009 and/or 2010 were false or misleading and
brings claims under the shareholders' relief provisions of the
Canada Business Corporations Act, Part XXIII.1 of the Ontario
Securities Act as well as claims based on negligent
misrepresentation.

Canadian Solar Inc. -- http://www.canadiansolar.com/-- is one of
the world's largest solar companies.  As a leading vertically
integrated provider of ingot, wafer, solar cell, solar module and
other solar applications, Canadian Solar designs, manufactures and
delivers solar products and solar system solutions for on-grid and
off-grid use to customers worldwide.  With operations in North
America, Europe and Asia, Canadian Solar provides premium quality,
cost-effective and environmentally-friendly solar solutions to
support global, sustainable development.


CELANESE CORP: Aggregate Funding for Settlement at $1.1 Billion
---------------------------------------------------------------
Celanese Corporation discloses that aggregate funding in
connection with settlements entered into by its U.S. subsidiary,
CNA Holdings LLC., as one of the defendants in a suit stands at
$1.1 billion, according to the company's Sept. 15, 2010, Form 8-K
filing with the U.S. Securities and Exchange Commission.

CNA Holdings, which included the U.S. business now conducted by
the Ticona business which is included in the Advanced Engineered
Materials segment, along with Shell Oil Company, E.I. DuPont de
Nemours and company and others, has been a defendant in a series
of lawsuits, including a number of class actions, alleging that
plastics manufactured by these companies that were utilized in the
production of plumbing systems for residential property were
defective or caused such plumbing systems to fail.

Based on, among other things, the findings of outside experts and
the successful use of Ticona's acetal copolymer in similar
applications, CNA Holdings does not believe Ticona's acetal
copolymer was defective or caused the plumbing systems to fail.
In many cases CNA Holdings' potential future exposure may be
limited by invocation of the statute of limitations since CNA
Holdings ceased selling the resin for use in the plumbing systems
in site-built homes during 1986 and in manufactured homes during
1990.

In November 1995, CNA Holdings, DuPont and Shell entered into
national class action settlements that called for the replacement
of plumbing systems of claimants who have had qualifying leaks, as
well as reimbursements for certain leak damage.  In connection
with such settlement, the three companies had agreed to fund these
replacements and reimbursements up to an aggregate amount of $950
million.

As of Dec. 31, 2009, the aggregate funding is $1.109 billion, due
to additional contributions and funding commitments made primarily
by other parties.

Celanese Corporation -- http://www.celanese.com/-- as a global
leader in the chemicals industry, makes products essential to
everyday living.  The company's products, found in consumer and
industrial applications, are manufactured in North America, Europe
and Asia.  Net sales totaled $5.1 billion in 2009, with
approximately 73% generated outside of North America. Known for
operational excellence and execution of its business strategies,
Celanese delivers value to customers around the globe with
innovations and best-in-class technologies.  Based in Dallas,
Texas, the company employs approximately 7,400 employees
worldwide.


CELANESE CORP: CNA Holdings Remains a Defendant in Various Suits
----------------------------------------------------------------
Celanese Corporation's U.S. subsidiary, CNA Holdings LLC, remains
a defendant in putative class actions seeking recovery for alleged
damages caused by leaking polybutylene plumbing, according to the
company's Sept. 15, 2010, Form 8-K filing with the U.S. Securities
and Exchange Commission.

During the period between 1995 and 2001, CNA Holdings was named as
a defendant in these putative class actions:

     (a) Cox, et al. v. Hoechst Celanese Corporation, et al.,
         No. 94-0047 (Chancery Ct., Obion County, Tennessee)
          (class was certified);

     (b) Couture, et al. v. Shell Oil Company, et al.,
         No. 200-06-000001-985 (Quebec Superior Court, Canada);

     (c) Dilday, et al. v. Hoechst Celanese Corporation, et al.,
         No. 15187 (Chancery Ct., Weakley County, Tennessee);

     (d) Furlan v. Shell Oil Company, et al., No. C967239
         (British Columbia Supreme Court, Vancouver Registry,
         Canada);

     (e) Gariepy, et al. v. Shell Oil Company, et al.,
         No. 30781/99 (Ontario Court General Division, Canada);

     (f) Shelter General Insurance Co., et al. v. Shell Oil
         Company, et al., No. 16809 (Chancery Ct., Weakley
         County, Tennessee);

     (g) St. Croix Ltd., et al. v. Shell Oil Company, et al.,
         No. 1997/467 (Territorial Ct., St. Croix Division, the
         US Virgin Islands); and

     (h) Tranter v. Shell Oil Company, et al., No. 46565/97
         (Ontario Court General Division, Canada).

In addition, between 1994 and 2008 CNA Holdings was named as a
defendant in numerous non-class actions filed in Arizona,
Florida, Georgia, Louisiana, Mississippi, New Jersey, Tennessee
and Texas, the US Virgin Islands and Canada of which ten are
currently pending.

In all of these actions, the plaintiffs have sought recovery for
alleged damages caused by leaking polybutylene plumbing.

Damage amounts have generally not been specified but these cases
generally do not involve (either individually or in the aggregate)
a large number of homes.

As of Dec. 31, 2009, the company had remaining accruals of $55
million, of which $1 million is included in current Other
liabilities in the consolidated balance sheets.  As of Dec. 31,
2008, the Company had remaining accruals of $64 million, of which
$2 million was included in current Other liabilities in the
consolidated balance sheets.

Celanese Corporation -- http://www.celanese.com/-- as a global
leader in the chemicals industry, makes products essential to
everyday living.  The company's products, found in consumer and
industrial applications, are manufactured in North America, Europe
and Asia.  Net sales totaled $5.1 billion in 2009, with
approximately 73% generated outside of North America. Known for
operational excellence and execution of its business strategies,
Celanese delivers value to customers around the globe with
innovations and best-in-class technologies.  Based in Dallas,
Texas, the company employs approximately 7,400 employees
worldwide.


CELANESE CORP: Appeal on Nod to Strike Class Allegations Pending
----------------------------------------------------------------
A plaintiff's appeal on the approval of Celanese Corporation's
motion to strike class allegations remains pending.

In 2004 a civil antitrust action styled Freeman Industries LLC v.
Eastman Chemical Co., et. al. was filed against Hoechst AG and
Nutrinova, Inc. in the Law Court for Sullivan County in Kingsport,
Tennessee.

The plaintiff sought monetary damages and other relief for alleged
conduct involving the sorbates industry.

The trial court dismissed the plaintiff's claims and upon appeal
the Supreme Court of Tennessee affirmed the dismissal of the
plaintiff's claims.  In December 2005, the plaintiff lost an
attempt to amend its complaint and the entire action was dismissed
with prejudice.

Plaintiff's counsel subsequently filed a new complaint with new
class representatives in the District Court of the District of
Tennessee. The company's motion to strike the class allegations
was granted in April 2008 and the plaintiff's request to appeal
the ruling remains pending.

No updates were reported in the company's Sept. 15, 2010, Form 8-K
filing with the U.S. Securities and Exchange Commission.

Celanese Corporation -- http://www.celanese.com/-- as a global
leader in the chemicals industry, makes products essential to
everyday living.  The company's products, found in consumer and
industrial applications, are manufactured in North America, Europe
and Asia.  Net sales totaled $5.1 billion in 2009, with
approximately 73% generated outside of North America. Known for
operational excellence and execution of its business strategies,
Celanese delivers value to customers around the globe with
innovations and best-in-class technologies.  Based in Dallas,
Texas, the company employs approximately 7,400 employees
worldwide.


CHARLIE CRIST: Judge Denies Preliminary Injunction Motion
---------------------------------------------------------
Naples Daily News reports a Collier Circuit judge on Tuesday
denied a preliminary injunction against Gov. Charlie Crist and his
former Republican campaign for U.S. Senate, but said he'd rule
Thursday whether a lawsuit filed by two donors seeking refunds can
proceed as a class-action complaint.

If Senior Circuit Judge Jack Schoonover grants the motion to
certify the plaintiffs as a class representing donors to Gov.
Crist's Republican campaign before his switch to a non-partisan
candidate, it would be the first time a judge nationwide decided a
lawsuit involving a candidates' refunds.

After hearing two and a half hours of arguments over whether the
plaintiffs should be certified as a class, Judge Schoonover said
he needed to review 400 pages of defense documents submitted that
morning before ruling on the June 22 lawsuit involving Linda
Morton, a Lely mother of four, and John Rood of Jacksonville, a
retired U.S. ambassador and Republican Party finance chairman.

"I think everyone realizes my decision should be based on the
evidence before me," Judge Schoonover said, telling attorneys to
call at 4 p.m. Thursday, when he'd outline his ruling.

The prevailing party, not Judge Schoonover, will write the order,
a common practice. But it's submitted to the opposing party for
approval of form and content before Judge Schoonover signs it.

To grant certification, the judge must find numerosity, that many
donors were injured by Gov. Crist's switch; commonality, a similar
course of conduct by Gov. Crist against all; typicality, that the
plaintiffs' interests are aligned with the common questions
affecting the class, that it was reasonable and expected Gov.
Crist would run as a Republican; and adequacy of representation,
that Grady and co-counsel David Shiner are qualified to represent
all members of the class.

The judge must find common issues outweigh individual issues in
order to find a class-action lawsuit is the superior means of
resolution.

Judge Schoonover also must balance the threat of irreparable harm
to the plaintiffs and to Gov. Crist's campaign if he freezes about
$7.5 million in funds, orders a refund or requires Gov. Crist to
write a letter to donors to his Republican campaign, offering
refunds.

Judge Schoonover heard four hours of arguments Tuesday, agreeing
to hear a motion for preliminary injunction due to time
constraints, the upcoming Nov. 2 election, without first ruling on
certification.

Plaintiffs' attorney Rep. Thomas Grady -- who quit Gov. Crist's
campaign after Gov. Crist announced his switch April 29 -- had
indicated there were at least 2,000 affected donors, but now says
there are 8,000, although some may support Gov. Crist and not
desire refunds.

Although the Federal Election Campaign Act doesn't require Gov.
Crist to provide refunds, the plaintiffs sued under state laws,
seeking compensation for unjust enrichment, breach of contract and
breach of implied covenants of good faith and fair dealing. They
allege they were deprived of the right to support a Republican and
their money is being used to oppose Republican Marco Rubio, who is
running against Gov. Crist and Democratic candidate Kendrick Meek.

It was the second time Judge Schoonover ruled against the
preliminary injunction, which he'd denied Aug. 30, saying he first
needed to rule on class certification. Although he denied it again
Tuesday, he ruled Mr. Grady could refile the motion after
reviewing discovery, the parties' exchange of documents, and
depositions of Gov. Crist and a party official, which Judge
Schoonover ruled must occur despite Gov. Crist's motion to delay
it.

"The court found today we didn't have sufficient evidence," Mr.
Grady said outside court as he was surrounded by reporters and
cameras. "That's because we haven't had a chance to depose the
governor. . . .  We really ought to hear from the governor because
what he has said is: 'It's wrong to say one thing and do
another.'"

Gov. Crist's attorney, Scott Weinstein, was pleased co-counsel
Andrew Meyer won his motion against the injunction, but maintained
dissatisfied donors should sue individually in small claims court.

"I understand there are a few people who don't want the governor
to use their money . . . but they shouldn't impose their views on
the rest of the contributors," Mr. Weinstein told reporters.

Although Judge Schoonover interjected, asking numerous questions,
it was hard to gauge where he was leaning.

Mr. Grady argued donors should have a choice, contending, "It
should be made by the people who contributed the money, instead of
the politicians who accepted it."

But Mr. Weinstein argued it would be difficult to determine
donors' intentions when they contributed and he'd have to cross-
examine each. He also contended the plaintiffs shouldn't be
certified because Mr. Rood, a former ambassador and GOP finance
chairman, isn't typical, and Ms. Morton's check was from her
husband, disqualifying her.

The judge will hear more arguments Monday, including Mr. Grady's
motion to expedite a trial.


CLARCOR INC: Continues to Defend Filters Suit
---------------------------------------------
CLARCOR Inc. continues to defend class actions filed by purchasers
of aftermarket filters, according to the company's Sept. 17, 2010,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended Aug. 28, 2010.

On March 31, 2008, S&E Quick Lube, a filter distributor, filed
suit in U.S. District Court for the District of Connecticut
alleging that virtually every major North American filter
manufacturer, including Baldwin Filters, Inc., engaged in a
conspiracy to fix prices, rig bids and allocate U.S. customers for
aftermarket filters.

This suit seeks various remedies, including injunctive relief and
monetary damages of an unspecified amount, and is a purported
class action on behalf of direct purchasers of filters from the
defendants.

Parallel purported class actions, including on behalf of indirect
purchasers of filters, have been filed by other plaintiffs in a
variety of jurisdictions in the United States and Canada.

In addition, the Attorney General of the State of Florida and the
County of Suffolk, New York have filed complaints based on these
same allegations, and the Attorney General of the State of
Washington has requested various documents, information and
cooperation, which the company is working to provide.

The U.S cases have been consolidated into a single multi-district
litigation in the Northern District of Illinois.

The company filed a motion to be dismissed from these cases due to
the lack of any factual allegations against the company
specifically and the fact that the allegations center
predominantly on the automotive filtration market rather than on
the heavy duty filtration market.

On Nov. 9, 2009, the presiding court denied the company's motion,
a decision that the company is seeking to overturn.

The Antitrust Division of the Department of Justice is also
investigating the allegations raised in these suits.

The company understands that the Antitrust Division of the
Department of Justice was investigating the allegations raised in
these suits and issued subpoenas in connection with that
investigation.  The company was not contacted by the DOJ in
connection with the DOJ investigation and was not the subject of
any subpoena.  Public reports indicate that the DOJ officially
closed its investigation in January 2010 and took no action
against any filter manufacturer.

CLARCOR Inc. -- http://www.clarcor.com/-- conducts business in
three segments: Engine/Mobile Filtration, Industrial/
Environmental Filtration and Packaging.


D&D DISTRIBUTING: Recalls 23,000 Rings and Necklaces
----------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
D&D Distributing-Wholesale Inc., of Tacoma, Wash., announced a
voluntary recall of about 19,000 Rings and 4,000 Necklaces.
Consumers should stop using recalled products immediately unless
otherwise instructed.

The metal rings and necklaces contain high levels of lead.  Lead
is toxic if ingested by young children and can cause adverse
health effects.

No injuries or incidents have been reported.

This recall involves a mood necklace which is 18 inches in length
and an adjustable ring.  The products change colors when the
user's "mood" changes.  "Love Tester" and "Are You In the Mood"
are labeled on the products' packaging.  The products are sold
separately.  Pictures of the recalled products are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10350.html

The recalled products were manufactured in China and sold through
small retail stores nationwide from September 2005 through June
2010 for about $4.

Consumers should immediately take the recalled jewelry away from
children and return to the store where purchased to receive a full
refund or replacement product.  Consumer Contact: For additional
information, contact D&D Distributing-Wholesale at (800) 262-9435
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.dddist.com/


DELL INC: Court Gives Final Approval to Settlement Agreement
------------------------------------------------------------
The U.S. District Court for the Western District of Texas gave its
final approval to the settlement agreement resolving a
consolidated suit against Dell, Inc., according to the company's
Aug. 26, 2010, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended July 30, 2010.

Four putative securities class actions filed between Sept. 13,
2006, and Jan. 31, 2007, in the Western District of Texas, Austin
Division, against Dell and certain of its current and former
directors and officers were consolidated as In re Dell Securities
Litigation, and a lead plaintiff was appointed by the court.

The lead plaintiff asserted claims under Sections 10(b), 20(a),
and 20A of the Exchange Act based on alleged false and misleading
disclosures or omissions regarding Dell's financial statements,
governmental investigations, internal controls, known battery
problems and business model, and based on insiders' sales of Dell
securities.  This action also included Dell's independent
registered public accounting firm, PricewaterhouseCoopers LLP, as
a defendant.

On Oct. 6, 2008, the court dismissed all of the plaintiff's claims
with prejudice and without leave to amend.

On Nov. 3, 2008, the plaintiff appealed the dismissal of Dell and
the officer defendants to the Fifth Circuit Court of Appeals.  The
appeal was fully briefed, and oral argument on the appeal was
heard by the Fifth Circuit Court of Appeals on Sept. 1, 2009.

On November 20, 2009, the parties to the appeal entered into a
written settlement agreement whereby Dell would pay $40 million to
the proposed class and the plaintiff would dismiss the pending
litigation.  The settlement was preliminarily approved by the
District Court on Dec. 21, 2009.

The settlement was subject to certain conditions, including opt-
outs from the proposed class not exceeding a specified percentage
and final approval by the District Court.  During the first
quarter of Fiscal 2011, the original opt-out period in the notice
approved by the District Court expired without the specified
percentage being exceeded.

The District Court subsequently granted final approval for the
settlement and entered a final judgment on July 20, 2010.
Dell paid $40 million into an escrow account to satisfy this
settlement and discharged the liability during the second quarter
of Fiscal 2011.  Certain objectors to the settlement have filed
notices of appeal to the Fifth Circuit Court of Appeals with
regard to approval of the settlement.

The suit is In re Dell, Inc. Securities Litigation, Case No.
06-cv-00726 (W.D. Tex.)(Sparks, J.)

Representing the plaintiffs are:

          James M. Hughes, Esq.
          Lauren S. Antonino, Esq.
          Motley Rice LLC
          P.O. Box 1792, 28 Bridgeside Blvd.
          Mount Pleasant, SC 29465
          Telephone: (843) 216-9000
          Facsimile: (843) 216-9290
          E-mail: jhughes@motleyrice.com
                  lantonino@motleyrice.com


DISCOVER BANK: Settles Calif. Payment Timing Suit for $1.75-Mil.
----------------------------------------------------------------
                    Legal Notice

TO: HOLDERS OF DISCOVER CREDIT CARDS

Read This Notice Carefully.  A Class Action Lawsuit May Affect
Your Rights.  A settlement has been proposed in a class action
lawsuit relating to credit cards issued by Discover Bank.

Description of Litigation.

Plaintiffs allege that Discover was required to credit payments on
the day received but did not do so for payments received by mail
after its 1:00 p.m. cut-off time.  Discover disagrees with
Plaintiffs' allegations and denies any wrongdoing and liability.
The Court has not ruled on the merits of Plaintiffs' claims or
Discover's defenses.

Who Is Included?

You are a member of the settlement class if, at any time between
August 15, 1997, and August 16, 2010, you had a credit card
account with Discover with a billing address in California, you
made at least one payment and you paid finance charges.

Settlement Payments.

Discover has agreed to establish a settlement fund of $1.75
million.  Plaintiffs will request that the Court award up to
$583,333.33 in attorneys' fees and costs to class counsel and
$2,500 each to plaintiffs Christopher Boehr and Kathi Duran for
their services as class representatives.  After the amounts
awarded by the Court are paid from the settlement fund, the
remainder will be paid to charities proposed by the parties and
approved by the Court.

Other Options.

If you don't want to be legally bound by the settlement, you must
request exclusion by November 10, 2010, or you will not be able to
sue about the legal claims in this case.  If you request
exclusion, the court will exclude you from the class. If you want
to exclude yourself, send a letter to:

         Sonia Hall, Esq.
         Stroock & Stroock & Lavan LLP
         2029 Century Park East
         Los Angeles, CA 90067

Include your full name, address and Discover account number(s),
and say "I/we request to be excluded from the class settlement in
Duran v. Discover Bank, Los Angeles Superior Court Case No. BC
256167."  The letter must be signed by everyone who used the
account.  If you remain in the settlement class, you will be bound
by any judgment entered whether or not it is favorable to you.
The Court will hold a hearing to consider whether to approve the
settlement on December 13, 2010 at 1:30 p.m., before Hon. Carl J.
West in Department 322 of the Los Angeles County Superior Court,
600 South Commonwealth Ave., Los Angeles, CA 90005.  If you did
not exclude yourself and you want to object to the settlement or
the requested awards to class counsel and/or Plaintiffs, you or
your attorney must file with the Court a written notice of
objection no later than November 10, 2010.  The notice must
contain your name and address; your attorney's name, address and
telephone number (if you have an attorney); the reasons for
objecting; and any papers supporting your objection.  Copies of
the notice must be mailed by the same deadline to class counsel:

          Gretchen Carpenter, Esq.
          Strange & Carpenter
          12100 Wilshire Boulevard, Suite 1900
          Los Angeles, CA 90025

and Discover's counsel:

          Julia B. Strickland, Esq.
          Stroock & Stroock & Lavan LLP
          2029 Century Park East, 16th Floor
          Los Angeles, CA 90067

For more information, write to class counsel or send an e-mail to
kramerlaw@aol.com or gcarpenter@strangeandcarpenter.com

DO NOT CALL OR WRITE TO THE COURT OR THE CLERK OF THE COURT.  DO
NOT CONTACT DISCOVER ABOUT THE SETTLEMENT.  TELEPHONE
REPRESENTATIVES ARE NOT AUTHORIZED TO CHANGE THE TERMS OF THE
SETTLEMENT OR THIS NOTICE.

  Dated: August 16, 2010    /s/ Carl J. West
                            Judge of the Superior Court


DOLLAR TREE: Motion to Decertify California Suit Still Pending
--------------------------------------------------------------
Dollar Tree, Inc.'s motion to decertify the class in an action
filed by two store managers remains pending, according to the
company's Aug. 19, 2010, Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarter ended July 31, 2010.

In 2007, two store managers filed a class action against Dollar
Tree in a California federal court, claiming they and other
California store managers should have been classified as non-
exempt employees under California and federal law.

The California Court has allowed notice to be sent to all
California store managers employed since Dec. 12, 2004, and a
class of approximately 720 individuals exists.  Following
discovery, which is ongoing, the Company will seek to decertify
the class.

The company has filed a motion to decertify the class, and the
parties now await the Court's ruling.

If that motion is denied, the company relates that the case is
scheduled to proceed to trial in March of 2011.

Dollar Tree, Inc. -- http://www.dollartree.com/-- formerly Dollar
Tree Stores, Inc., is an operator of discount variety stores
offering merchandise at the fixed price of one dollar.  At Jan.
31, 2009, the company operated 3,591 discount variety retail
stores in 48 states.  Approximately 3,450 of these stores sell
substantially all items for one dollar or less.  The remaining
stores, operating as Deal$, sell most items for one dollar or less
but also sell items for more than one dollar.  Dollar Tree's
stores operate under the names of Dollar Tree, Deal$ and Dollar
Bills.


DOLLAR TREE: Motion to Decertify Alabama Suit Remains Pending
-------------------------------------------------------------
Dollar Tree Inc.'s motion to decertify an action filed in an
Alabama federal court remains pending, according to the company's
Aug. 19, 2010, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended July 31, 2010.

In 2006, a former store manager filed a collective action against
Dollar Tree in an Alabama federal court.  She claims that she and
other store managers should have been classified as non-exempt
employees under the Fair Labor Standards Act and received overtime
compensation.  The Alabama Court preliminarily allowed nationwide,
except California, notice to be sent to all store managers
employed for the three years immediately before the filing of the
lawsuit.

Approximately 480 individuals are included in the collective
action.

The Court presently has before it the Company's motion to
decertify the collective action together with the briefs of the
parties.  On May 6, 2010, the Court, on its own motion, continued
the case from its July 2010 trial date.  No new trial date has
been scheduled.

The Court on its own motion continued the case from its previously
scheduled July 2010 trial date.

The company's motion to decertify the collective action has been
fully briefed by the parties and is scheduled for oral argument in
September 2010.  At present, there is no trial date.

Dollar Tree, Inc. -- http://www.dollartree.com/-- formerly Dollar
Tree Stores, Inc., is an operator of discount variety stores
offering merchandise at the fixed price of one dollar.  At Jan.
31, 2009, the company operated 3,591 discount variety retail
stores in 48 states.  Approximately 3,450 of these stores sell
substantially all items for one dollar or less.  The remaining
stores, operating as Deal$, sell most items for one dollar or less
but also sell items for more than one dollar.  Dollar Tree's
stores operate under the names of Dollar Tree, Deal$ and Dollar
Bills.


DOLLAR TREE: Motion to Decertify Managers' Suit Pending
-------------------------------------------------------
Dollar Tree, Inc.'s motion to decertify an action filed by two
female store managers remains pending, according to the company's
Aug. 19, 2010, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended July 31, 2010.

In 2008, the company was sued under the Equal Pay Act in Alabama
federal court by two female store managers alleging that they and
other female store managers were paid less than male store
managers.  Among other things, they seek monetary damages and back
pay.

The Court ordered that notice be sent to potential plaintiffs and
there are now approximately 360 opt-in plaintiffs.  The company
expects that the Court will consider a motion by the company to
decertify the collective action later in 2010.

Dollar Tree, Inc. -- http://www.dollartree.com/-- formerly Dollar
Tree Stores, Inc., is an operator of discount variety stores
offering merchandise at the fixed price of one dollar.  At Jan.
31, 2009, the company operated 3,591 discount variety retail
stores in 48 states.  Approximately 3,450 of these stores sell
substantially all items for one dollar or less.  The remaining
stores, operating as Deal$, sell most items for one dollar or less
but also sell items for more than one dollar.  Dollar Tree's
stores operate under the names of Dollar Tree, Deal$ and Dollar
Bills.


DOLLAR TREE: Plaintiffs' Appeal on Dismissed Suit Pending
---------------------------------------------------------
The appeal of the plaintiffs on the dismissal of a class action
complaint originally filed in Virginia remains pending in the U.S.
Court of Appeals for the Fourth Circuit, according to the
company's Aug. 19, 2010, Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarter ended July 31, 2010.

In October 2009, 34 plaintiffs, most of whom are opt-in plaintiffs
in the Alabama action, filed a new class action Complaint in a
federal court in Virginia, alleging gender pay and promotion
discrimination under Title VII.

On March 11, 2010, the case was dismissed with prejudice.
Plaintiffs then filed a motion requesting the Court to alter,
amend and vacate its dismissal Order which the trial Court denied.
Plaintiffs have filed an appeal to the U.S. Court of Appeals for
the Fourth Circuit.  The company says it anticipates the appellate
process may take approximately a year.

Dollar Tree, Inc. -- http://www.dollartree.com/-- formerly Dollar
Tree Stores, Inc., is an operator of discount variety stores
offering merchandise at the fixed price of one dollar.  At Jan.
31, 2009, the company operated 3,591 discount variety retail
stores in 48 states.  Approximately 3,450 of these stores sell
substantially all items for one dollar or less.  The remaining
stores, operating as Deal$, sell most items for one dollar or less
but also sell items for more than one dollar.  Dollar Tree's
stores operate under the names of Dollar Tree, Deal$ and Dollar
Bills.


FLYING CARPET: Settles Class Action Over Fake Flights
-----------------------------------------------------
Rina Rozenberg at Haaretz.com, the online edition of Haaretz
Newspaper in Israel, reports travel firm Flying Carpet has settled
a class-action against it for advertising and selling charter
flights that did not actually exist.

Flying Carpet advertised fictitious flights at times customers
wanted, then at the last minute changed the times of the flights
to ones actually scheduled, once the clients had paid and had no
choice.

Of the NIS5.5 million total, NIS3.4 million will be given in the
form of discounts to customers who bought charter tickets or
vacations from the company in the past decade. Each will receive a
5% discount for three years on purchases of vacation packages, on
top of any other discounts the company is offering.

NIS990,000 will go to the plaintiffs and their lawyers. The rest
will be donated to charitable causes, including organizing two
trips to Europe for children suffering from cancer and children at
risk.

Flying Carpet will be required to inform eligible customers of the
agreement. But it claims not to have proper records of its
customers from before 2008.


FRANKLIN TEMPLETON: Has Conditional Settlement Pact With Investors
------------------------------------------------------------------
James Langton, writing for Investment Executive, reports an
Ontario court has decided to certify a class action to facilitate
a settlement between investors and a trio of mutual fund companies
stemming from the market timing scandal.

The Ontario Superior Court of Justice had previously denied class
certification, although it said that most of the criteria for a
class action were met, except that such a suit was not the
"preferable procedure" (because the firms had already settled with
the Ontario Securities Commission concerning these allegations).

That decision is being appealed, and is due to be heard in
November. In the meantime, three of the plaintiffs have signed
conditional settlement agreements with three of the fund companies
AGF Funds Inc., Franklin Templeton Investments Corp., and IG
Investment Management Ltd.

According to the decision, assuming certain conditions are
satisfied, under the settlement agreement, AGF will pay $3.5
million, less the amount awarded to lawyers' fees and
disbursements as the costs of implementing the settlement.
Similarly, Franklin Templeton will pay $5.0 million less costs,
and, IGIM will pay $2.8 million less costs. The funds will be
allocated among the firms' mutual funds.

The court ruled that, in the context of the proposed settlement,
all the criterion for certification have now been satisfied;
adding that the existence of settlement changes the nature of the
preferable procedure analysis.

The other conditions to the settlement include: court approval of
the settlement in Ontario; court approval of the settlement in
parallel proceedings before the Quebec Superior Court; and the
number of opt-outs not exceeding a specified threshold.


GERSON COMPANY: Recalls 212,000 "20" Glass Vases
------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
The Gerson Company, of Olathe, Kan., announced a voluntary recall
of about t 203,000 "20" Glass Vases in the United States and 9,000
in Canada.  Consumers should stop using recalled products
immediately unless otherwise instructed.

The glass vases can break or fracture, posing a laceration hazard
to consumers.

The firm has received nine reports of the vase shattering,
including nine reports of lacerations to the hands.

This recall involves vases are made of clear glass and stand about
4" wide x 20" tall.  The SKU# 405334 and UPC: 0-37916-88960-3 are
printed on a label on the bottom of the vase.  Pictures of the
recalled products are available at:

   http://www.cpsc.gov/cpscpub/prerel/prhtml10/10349.html

The recalled products were manufactured in China and sold
Michael's stores nationwide and in Canada from July 2006 through
March 2010 for about $15.

Consumers should stop using the recalled vase and discard them
immediately  Contact the firm for a full refund.  Consumer
Contact: For additional information, contact Gerson toll-free at
(877) 461-6298 between 8:00 a.m. And 5:00 p.m., Central Time,
Monday through Friday, visit the firm's Web site at
http://www.gersoncompany.com/or email to recall@gersoncompany.com


GLOBAL EDUCATION: CFO Defendant in New York Securities Suit
-----------------------------------------------------------
Global Education & Technology Group Limited's Chief Financial
Officer, Hannah Lee, defends a securities class action lawsuit
filed in the U.S. District Court or the Southern District of New
York, according to the company's Sept. 17, 2010, Form F-1 filing
with the U.S. Securities and Exchange Commission.

Ms. Lee was formerly senior vice president of The9 Limited.

The9 and many of its former and current directors and executive
officers have been named as defendants in a securities class
action lawsuit filed in February 2010 in the federal court in the
Southern District of New York alleging violations of section 10(b)
and Rule 10b-5 and section 20(a) of the Exchange Act.  Ms. Lee is
one of the former executive officers named in the complaint.

The case is in its preliminary phase.

None of the proceedings involves the company.

Global Education & Technology Group Limited provides educational
courses and related services in China with a focus on foreign
language training and test preparation.


HARRAH'S ENTERTAINMENT: NJ Court Says Casino Violated Fraud Act
---------------------------------------------------------------
RecentPoker.com reports Land casino operator Harrah's
Entertainment could be in legal hot water following a promo that
has triggered a New Jersey Superior Court order affecting
approximately 350,000 gamblers.

A press release from the legal firm Galex Wolf LLC say that,
commencing this week, the gamblers will receive a court-ordered
notice advising them that they are class members in a class action
lawsuit against Harrah's Entertainment, Inc., for violations of
New Jersey advertising laws, with 80,000 of them being advised
that they have been awarded $100 each.

The remaining class members will be advised that they may be
entitled to relief if they suffered damages from Harrah's
violations.

The lawsuit, Debra Smerling, et al. v. Harrah's Entertainment,
Inc., filed in New Jersey Superior Court in New Brunswick,
involves a promotion called "Birthday Cash" in which Harrah's
mailed its Total Rewards card customers coupons for $15 cash
redeemable at its Atlantic city casino.

The Court ruled that Harrah's violated the New Jersey Consumer
Fraud Act and related advertising regulations by listing specified
dates on which the coupon was redeemable at the casino, without
disclosing Harrah's policy to not honour coupons presented after
midnight and before 6:00 a.m. on the date specified for
redemption.

The court ruled that Harrah's violations entitled the 80,000
"Birthday Cash" class members who redeemed their coupons $100 each
in statutory penalties under the New Jersey Truth in Consumer
Contract Warranty and Notice Act, which prohibits businesses from
giving notices to consumers that violate other laws.

The court also ruled that the "Birthday Cash" class members who
did not redeem their coupons must be provided with notice that if
they attempted to redeem their coupons and Harrah's refused that
they can file a separate lawsuit against Harrah's for any damages
they sustained.

Debra Smerling, the lead plaintiff in the lawsuit, was a Harrah's
customer who attempted to redeem her $15 Birthday Cash award on
August 10, 2003, which was the date listed on her coupon, at
around 12:30 a.m. Harrah's staff refused to honour the coupon,
claiming that it was still August 9th under the casino's
(undisclosed) policy and that it would not be August 10th until
the casino closed later that morning and reopened at 8 a.m. Ms.
Smerling did not intend to stay at the casino until 8 a.m. and so
left without the promised $15 Birthday Cash award.


IG INVESTMENT: Reaches Conditional Settlement Pact With Investors
-----------------------------------------------------------------
James Langton, writing for Investment Executive, reports an
Ontario court has decided to certify a class action to facilitate
a settlement between investors and a trio of mutual fund companies
stemming from the market timing scandal.

The Ontario Superior Court of Justice had previously denied class
certification, although it said that most of the criteria for a
class action were met, except that such a suit was not the
"preferable procedure" (because the firms had already settled with
the Ontario Securities Commission concerning these allegations).

That decision is being appealed, and is due to be heard in
November. In the meantime, three of the plaintiffs have signed
conditional settlement agreements with three of the fund companies
AGF Funds Inc., Franklin Templeton Investments Corp., and IG
Investment Management Ltd.

According to the decision, assuming certain conditions are
satisfied, under the settlement agreement, AGF will pay $3.5
million, less the amount awarded to lawyers' fees and
disbursements as the costs of implementing the settlement.
Similarly, Franklin Templeton will pay $5.0 million less costs,
and, IGIM will pay $2.8 million less costs. The funds will be
allocated among the firms' mutual funds.

The court ruled that, in the context of the proposed settlement,
all the criterion for certification have now been satisfied;
adding that the existence of settlement changes the nature of the
preferable procedure analysis.

The other conditions to the settlement include: court approval of
the settlement in Ontario; court approval of the settlement in
parallel proceedings before the Quebec Superior Court; and the
number of opt-outs not exceeding a specified threshold.


INDEPENDENT PROCESSING: 8th Cir. Vacates Westerfield Remand Order
-----------------------------------------------------------------
The United States Court of Appeals for the Eighth Circuit vacated
the judgment of a federal court remanding a class action lawsuit
filed by Marlene Westerfeld, a Missouri resident, against
Independent Processing, LLC, a Missouri limited liability company
that processed residential mortgage documents, and Provident
Funding Associates, LP, a California limited partnership that
provided residential mortgages, back to state court.

Ms. Westerfeld alleged that when Independent and Provident charged
her and other Missouri residents a "broker processing fee" and an
"administrative fee," respectively, in residential mortgage
financing transactions, the two entities engaged in the
unauthorized practice of law and violated the Missouri
Merchandising Practices Act, Mo. Rev. Stat. Sections 407.010-
407.1500.

Provident removed the case to federal court pursuant to the Class
Action Fairness Act of 2005.

Ms. Westerfeld then moved to remand the case based on an exception
to CAFA jurisdiction, the local-controversy exception, 28 U.S.C.
Section 1332(d)(4)(A).  The District Court granted Ms.
Westerfeld's motion, ordering the case remanded to the Circuit
Court of St. Louis County.

Provident filed a timely petition with the Eighth Circuit Court
under 28 U.S.C. Section 1453(c)(1) for leave to appeal the
District Court's remand order.

The Court of Appeals remanded the case for further consideration.
A copy of its opinion is available at:

     http://www.leagle.com/unsecure/page.htm?shortname=infco20100920105


MAXIM INTEGRATED: Sept. 27 Hearing Set for Settlement Approval
--------------------------------------------------------------
The U.S. District Court for the Northern District of California
has set a Sept. 27, 2010, hearing to consider final approval of
the settlement agreement entered into by Maxim Integrated
Products, Inc., and the lead plaintiffs in a putative class action
complaint, according to the company's Aug. 19, 2010, Form 10-K
filing with the U.S. Securities and Exchange Commission for the
fiscal year ended June 26, 2010.

On Feb. 6, 2008, a putative class action complaint was filed
against the company, its former chief executive officer, now
deceased, and its former chief financial officer in the U.S.
District Court for the Northern District of California.

The complaint, brought on behalf of a putative class of Maxim
stockholders who purchased or otherwise acquired their shares
between April 29, 2003 and Jan. 17, 2008, asserted claims under
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 in
connection with alleged misrepresentations and omissions
concerning the company's stock option accounting practices.
On May 15, 2008, the Court appointed the Cobb County Government
Employees Pension Plan, the DeKalb County Pension Plan and the
Mississippi Public Employees Retirement System as co-lead
plaintiffs and Bernstein Litowitz Berger & Grossman LLP and
Chitwood Harley Harnes LLP as co-lead counsel.

On May 3, 2010, Lead Plaintiffs and the company entered into a
memorandum of understanding reflecting an agreement in principle
to settle all claims asserted against all defendants in the
action, which provided for the payment of $173 million in cash by
the company.

In connection with this memorandum of understanding, the company
recorded a charge for the three and nine months ended March 27,
2010, to accrue the $173 million settlement amount, which has been
recorded in Other operating expenses, net in the Condensed
Consolidated Statements of Operations and in Accrual for
litigation settlement in the Condensed Consolidated Balance
Sheets.

On June 18, 2010, Lead Plaintiffs and the company entered into,
and Lead Plaintiffs filed with the Court, a formal stipulation of
settlement memorializing the agreement to settle all claims
against all defendants in the action.

On July 14, 2010, the Court entered an order preliminarily
approving the settlement, which remains subject to notice to the
putative class and final approval by the Court.

Pending further order of the Court, litigation activity in the
action has been stayed, and all hearings, deadlines and other
proceedings in the action, other than the final approval hearing,
which is scheduled for Sept. 27, 2010, have been taken off the
calendar.

On July 23, 2010, the company paid the $173 million settlement
amount into an escrow fund in accordance with the terms of the
settlement.

Maxim Integrated Products, Inc. -- http://www.maxim-ic.com/-- is
a publicly traded company that designs, manufactures, and sells
high-performance semiconductor products.  The company was founded
over 25 years ago with the mission to deliver innovative analog
and mixed-signal engineering solutions that add value to its
customers' products.  To date, it has developed over 6,300
products serving the industrial, communications, consumer, and
computing markets.  Maxim reported revenue in excess of $1.6
billion for fiscal 2009.


REDFLEX TRAFFIC: Wiedermann Presses Case Over Red-Light Cameras
---------------------------------------------------------------
John Hult at ArgusLeader.com reports a Sioux Falls businessman
wants the city and Redflex Traffic Systems to pay back the money
collected through their red-light traffic cameras.

I.L. Wiedermann, who sued the city over the automated system's
constitutionality in 2006, appeared in court Monday with his
lawyer to ask Judge Kathleen Caldwell to turn his case into a
class action for a third time.

The cameras were shut down in June after Judge Caldwell ruled that
the city violates South Dakota law when it issues civil penalties
for the criminal act of red-light running.

The appeals process used to contest the tickets was ruled
unconstitutional, as well.

Mr. Wiedermann hasn't won his case, however. For that to happen,
Judge Caldwell would need to issue a ruling in his favor. A class
action would allow a jury to decide damages.

An amended version of his complaint identifies two classes of
people affected by the traffic cameras: those who have paid fines
and those who have contested them.

The goal of the class action is to force the city and Redflex
Traffic Systems to refund more than $2.48 million in fines
collected since the cameras were installed at 10th Street and
Minnesota Avenue in 2004.

Judge Caldwell already has denied a similar request on two
separate occasions, saying those who paid their tickets had
admitted their guilt and waived their right to contest the fine.

But Mr. Wiedermann's lawyer, Aaron Eiesland, told Judge Caldwell
that her recent ruling changes the circumstances.

"You cannot waive your rights under an unconstitutional statute,"
Mr. Eiesland said.

William Garry, Esq., who represents the city, disputes that. Those
who paid their fines still admitted their guilt, regardless of the
issues of state law raised in Caldwell's recent ruling, he
maintains.

Those who didn't contest the fine didn't deal with the appeals
process. That was true in April 2008, he said -- the last time
Judge Caldwell declined to make the case a class action.

"Nothing has changed since that time that would cause the court to
reverse its ruling," Mr. Garry said.

He also questioned the validity of the proposed class, saying that
there isn't enough in common among its members. Commonality is one
of the features that must be present for a class-action lawsuit to
proceed.

The 17,000 people mentioned in the complaint came into contact
with the system in different ways, he said. Vehicle owners are
cited when drivers run red lights, make illegal right turns or
make illegal left turns. The infractions are different, he said.

Mr. Eiesland sees commonality in the way the infractions were
handled, however.

"It doesn't matter if someone goes left, right or straight - the
ordinance is unconstitutional," he said.

Judge Caldwell said she will issue a ruling in about two weeks.


SAMSUNG ELECTRONICS: Accused of Selling Defective Refrigerators
---------------------------------------------------------------
Courthouse News Service reports that Samsung Electronics America
Inc. has been selling three types of refrigerators with coils that
freeze over, a class claims in New Jersey Federal Court.

A copy of the Complaint in Weske, et al. v. Samsung Electronics
America, Inc., et al., Case No. 10-cv-_____, docketed as Doc. 9492
in Case No. 33-av-00001 on Sept. 20, 2010 (D. N.J.), is available
at:

     http://www.courthousenews.com/2010/09/21/Refrigerators.pdf

The Plaintiffs are represented by:

          Christopher M. Placitella, Esq.
          Michael Coren, Esq.
          COHEN, PLACITELLA & ROTH, PC
          127 Maple Ave.
          Red Bank, NJ 07701
          Telephone: 215-567-3500
          E-mail: mcoren@cprlaw.com

               - and -

          J. Gordon Rudd, Jr., Esq.
          David M. Cialkowski, Esq.
          Kirsten D. Hedberg, Esq.
          ZIMMERMAN REED, PLLP
          651 Nicollet Mall, Suite 501
          Minneapolis, MN 55402
          Telephone: 612-341-0400
          E-mail: gordon.rudd@zimmreed.com
                  david.cialkowski@zimmreed.com
                  kirsten.hedberg@zimmreed.com

               - and -

          Jonathan D. Selbin, Esq.
          LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
          250 Hudon St., 8th Floor
          New York, NY 10013
          Telephone: 212-355-9500
          E-mail: jselbin@lchb.com

               - and -

          Kristen L. Sagafi, Esq.
          Alison M. Stocking, Esq.
          LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
          275 Battery St., 29th Floor
          San Francisco, CA 94111-3339
          Telephone: 415-956-1000
          E-mail: ksagafi@lchb.com


PCS EDVENTURES!.COM: Faces Class Suit in Idaho Over Fake Contract
-----------------------------------------------------------------
Dan McCue at Courthouse News Service reports that PCS
Edventures!.com misled investors into believing it had secured a
$7.15 million licensing deal with its distributor in the Middle
East, though it knew the company did not have the money,
shareholders claim in a federal class action.

Investors say the Idaho-based maker of educational products issued
a press release announcing the purported deal with its Middle East
distributor, PCS Middle East.

"The announcement was materially false and misleading, because PCS
Middle East did not have the ability to pay $7.15 million without
first obtaining a contract and receiving funds from the Kingdom of
Saudi Arabia," investors claim.  "PCS Middle East did not,
however, have a contract with Saudi Arabia."

According to lead plaintiff Leslie Niederklein, the company's
serial press releases and filings with the Securities and Exchange
Commission in the spring and summer of 2007 were simply a ploy
intended to inflate the company's share price.

The day after announcing the purported licensing agreement, PCS
allegedly filed a Form 8-K with the SEC, formally announcing the
sale and stating that full payment would be received by the
company no later than May 15, 2007.

Over the next four months, the company continued to release false
and misleading information about the purported agreement,
according to the lawsuit.

Investors didn't learn they were being taken for a ride until Aug.
26, 2010, when the SEC sued PCS, its board of directors and chief
executives for securities fraud.

Until then, "no reasonable investor or class member could have
reasonably known" that the company's statements were false, the
class claims.

Ms. Niederklein is suing PCS Edventures!.com, CEO Anthony Masher
and CFO Shannon Stith on behalf of investors who bought the
company's stock between March and August 2007.

A copy of the Complaint in Niederklein v. PCS Edventures!.com,
Inc., et al., Case No. 10-cv-00479 (D. Idaho), is available at:

                        http://is.gd/fml9j

The Plaintiff is represented by:

          Philip H. Gordon, Esq.
          Bruce S. Bistline, Esq.
          GORDON LAW OFFICES
          623 W. Hays St.
          Boise, ID 83702
          Telephone: 208-345-7100

               - and -

          Laurence M. Rosen, Esq.
          Philip Kim, Esq.
          THE ROSEN LAW FIRM, P.A.
          350 Fifth Ave., Suite 5508
          New York, NY 10118
          Telephone: 212-686-1060
          E-mail: lrosen@rosenlegal.com
                  pkim@rosenlegal.com

                     Robbins Umeda's Statement

Robbins Umeda LLP disclosed Tuesday that a class action has been
commenced in the U.S. District Court for the District of Idaho on
behalf of purchasers of PCS Edventures!.com, Inc., common stock
during the period between March 28, 2007 and August 15, 2007.

PCS provides web-based and site-licensable educational products
worldwide. It is involved in the design, development, and
marketing of educational learning labs bundled with related
technologies and programs. The Company's products include, among
others, the Academy of Engineering, Academy of Electronics,
Digital Media Labs, and Academy of Robotics. The Company was
formerly know as PCS Education Systems, Inc. and changed its name
to PCS Edventures!.com in March 2000. PCS was incorporated in 1994
and is headquartered in Boise, Idaho.

The complaint alleges that PCS and certain of its officers issued
materially false and misleading statements during the Class Period
by fabricating the existence of a lucrative contract with a Saudi
Arabian partner for the sale of products to the Kingdom of Saudi
Arabia, when in fact no such contract or agreement was in place.

On March 28, 2007, PCS issued a press release in which it
announced a purported sale to its Middle East distributor, Global
Techniques, also known as PCS Middle East. The press release
stated that PCS had entered into an agreement with PCS Middle East
for a fixed license fee of $7.15 million. During March through
August 2007, PCS issued press releases and filed Form 8-Ks and a
Form 10-KSB with the U.S. Securities and Exchange Commission, all
which contained statements related to the $7.15 million license
agreement with PCS Middle East. These statements caused the price
and trading volume of PCS's stock to trade at artificially
inflated prices.

On August 15, 2007, the Company issued a press release in which it
revealed that there was no such agreement with PCS Middle East,
nor was an agreement likely to exist in the near future. As a
result of this announcement, the Company's stock dropped 37.7% to
close at $0.56 per share on August 15, 2007. On August 26, 2010,
the SEC instituted a civil action against PCS and others for
fabricating the existence, terms, and nature of the purported
agreement. According to the amended complaint filed by the SEC on
September 8, 2010, defendants were fully aware that there was no
contract with Saudi Arabia and that there was no valid contract
with PCS Middle East at all times during the class period.

If you wish to serve as lead plaintiff, you must move the Court no
later than November 16, 2010. If you wish to discuss this action
or have any questions concerning this notice or your rights or
interests, please contact:

     Gregory E. Del Gaizo, Esq.
     ROBBINS UMEDA LLP
     600 B. Street, Suite 1900
     San Diego, CA 92101
     Telephone: (619) 398-4310
                (800) 350-6003
     E-mail: gdelgaizo@robbinsumeda.com

Any member of the putative class may move the Court to serve as
lead plaintiff through counsel of their choice, or may choose to
do nothing and remain an absent class member.

Robbins Umeda LLP -- http://www.robbinsumeda.com/-- is a
California-based law firm, which has significant experience
representing investors in securities fraud class actions, merger-
related shareholder class actions, and shareholder derivative
actions.


QANTAS AIRWAYS: American Law Firm Launches Claim Over Flight 72
---------------------------------------------------------------
Alison Caldwell at ABC News reports an American law firm has
launched the largest aviation compensation claim in Australia over
a Qantas flight forced to land at a remote air force base in
Western Australia in 2008.  The airbus had to make an emergency
landing at Learmonth in the middle of the night after it suffered
two sudden drops in altitude during its flight from Singapore to
Perth.  More than 100 passengers and crew were injured.

Ms. Caldwell relates Qantas flight 72 was a scheduled flight from
Singapore to Perth on October 7, 2008. Travelling at around 11,000
metres, the autopilot disengaged and the plane suddenly plunged
200 metres in the space of 20 seconds. Three minutes later it
plunged a further 120 metres, this time over 16 seconds.

Nine crew and 106 passengers were injured. The plane was forced to
land at Learmonth.  Fourteen people were airlifted to hospital in
Perth while another 39 people went to hospital.

The Australian Transport Safety Bureau's investigation found fault
with one of the A330's computer programs.  Now passengers and crew
from that flight are being invited to take part in a class action
against the plane's manufacturer Airbus.

Floyd Wisner, an aviation attorney in the U.S., where the case is
being heard, relates he was contacted by law firms in Australia
who knew of his experience in handling aviation matters worldwide
and asked if he could do anything.

"The claim is against the aircraft manufacturer, Airbus and the
manufacturer of a component called the air data inertial reference
unit which is Northrop Grumman, a US corporation and I think the
Australian Transportation Safety Board has concluded that there
was a mechanical defect in this aircraft. It certainly was not the
result of pilot error so I think we will be successful," Mr.
Wisner said.

According to Ms. Caldwell, Floyd Wisner's law firm is already
representing 70 people, including the pilots who were on board QF
flight 72.

"One thing about US law which is interesting is that you can
recover against these manufacturers for psychological injuries.
Everyone on that plane has experienced some type of trauma.
Everybody who has ever flown before knows the feeling in the pit
of your stomach when you have turbulence," Mr. Wisner said.

"Now think about a plane going into a dive twice with people
flying up into the air, hitting their heads on the overhead bins,
carts flying around, the debris. Just an absolute state of panic
and terror in that aircraft."

Ms. Caldwell relates Floyd Wisner says the statute of limitations
in the United States is about to expire on the second anniversary
on October 7 and after that people won't be able to join the class
action.

He says passengers from Australia, Singapore, Sri Lanka and Great
Britain are all involved in the action. He says Airbus wants the
case to be heard in Australia where the law wouldn't allow people
to claim anywhere near as much as they can under US law.

"They initially filed a motion which most defendants do in
litigation in the United States arising from accidents outside the
United States. They filed a motion to transfer the case to
Australia. They have not withdrawn that motion and the matter will
be litigated in the United States," Mr. Wisner said.


STATION CASINOS: Ex-Employees Suit in Nevada Remains Stayed
-----------------------------------------------------------
A purported class action filed against Station Casinos, Inc., in
the District Court of Clark County, Nevada, remains stayed.

On Feb. 4, 2008, Josh Luckevich, Cathy Scott and Julie St. Cyr
filed a purported class action complaint against the company and
certain of its subsidiaries in the U.S. District Court for the
District of Nevada, Case No. CV-00141.

The plaintiffs are all former employees of the company or its
subsidiaries.  The complaint alleged that the company (i) failed
to pay its employees for all hours worked, (ii) failed to pay
overtime, (iii) failed to timely pay wages and (iv) unlawfully
converted certain earned wages.

The complaint in the Federal Court Action sought, among other
relief, class certification of the lawsuit, compensatory damages
in excess of $5,000,000, punitive damages and an award of
attorneys' fees and expenses to plaintiffs' counsel.

On Oct. 31, 2008, the company filed a motion for judgment on the
pleadings.

During a hearing on that motion, the U.S. District Court
questioned whether it had jurisdiction to adjudicate the matter.
After briefing regarding the jurisdiction question, on May 16,
2009, the U.S. District Court dismissed the Federal Court Action
for lack of jurisdiction and entered a judgment in the company's
favor.

Subsequently, on July 21, 2009, the plaintiffs filed a purported
class action complaint against the company and certain of its
subsidiaries in the District Court of Clark County, Nevada, Case
No. A-09-595614-C.  The complaint in the State Court Action
alleges substantially the same claims that were alleged in the
complaint in the Federal Court Action.

On Aug. 19, 2009, the corporate defendants, other than the
company, filed an answer responding to the complaint.
Subsequently, on Aug. 27, 2009, the corporate defendants, other
than the company, filed a motion to stay the State Court Action
pending the resolution of the company's bankruptcy petition.

That motion was granted on Sept. 30, 2009.

The U.S. Bankruptcy Court for the District of Nevada, on
Aug. 27, 2010, confirmed the First Amended Joint Chapter 11 Plan
of Reorganization filed by Station Casinos and its debtor
affiliates.

No updates regarding the State Court Action was disclosed in the
company's Sept. 10, 2010 Form 10-K/A filing with the U.S.
Securities and Exchange Commission for the fiscal year ended Dec.
31, 2009.

Station Casinos, Inc., is a gaming and entertainment company that
currently owns and operates nine major hotel/casino properties
(one of which is 50% owned) and eight smaller casino properties
(three of which are 50% owned), in the Las Vegas metropolitan
area, as well as manages a casino for a Native American tribe.


UNITED STATES: Non-Profit Group Sues Over Immigration Law
---------------------------------------------------------
Liberty Legal Foundation has filed a national class action lawsuit
demanding that the Obama administration enforce existing
immigration law.  While America is experiencing "rampant illegal
immigration, escalating drug and human trafficking crimes, and
serious public safety concerns" (Order granting U.S. Motion for
Preliminary Injunction, p.1, U.S. v. Arizona (July 28, 2010)),
President Obama and his administration have ignored their
Constitutional duty to protect the U.S. from invasion, the suit
argues.

The suit also takes aim at the flawed logic of the recent U.S. v.
Arizona ruling, alleging that Judge Bolton has paved the way
towards an Executive branch dictatorship.  The Lawsuit asserts
that to allow the Department of Homeland Security to ignore
directives from the Legislative branch regarding illegal
immigration in favor of "their own priorities" destroys the rule
of law.

Liberty Legal Foundation's national class action lawsuit, filed on
September 16, 2010, Case 3:10-CV-402, names Obama, the Department
of Homeland Security, Janet Napolitano, Eric Holder, and the
federal Law Enforcement Support Center.  The suit requests a court
order forcing President Obama and his administrative departments
to obey and enforce existing immigration law and deal with illegal
immigration problem.

The lawsuit has been dubbed the "Immigration Class Action".
Liberty Legal invites any American who wants the government to
enforce existing immigration law to join "the Class."

The Department of Homeland Security argued in the U.S. v. Arizona
case that they have set "their own priorities" regarding illegal
immigration and to follow the law would infringed on their
priorities. The ICA suit argues that executive departments are not
permitted under the U.S. Constitution to set their own priorities
as to which laws are to be followed, only in how they are
executed. The ICA lawsuit seeks to re-establish the proper role of
the executive branch, to respect the immigration laws as passed by
Congress, with a court order demanding that the Obama
administration enforce existing immigration law.

The ICA lawsuit alleges that the Obama Administration has
effectively set up an Executive branch dictatorship by ignoring
mandatory priorities established by Congress and "setting their
own priorities." By obtaining a court order supporting the
administration's argument, the Obama Administration has succeeded
in having the 3rd Branch of government undermine the authority of
the legislative branch. "This is very dangerous precedent to our
Republic form of government," says Van Irion, lead attorney for
the class action. "If we allow a President to openly ignore
requirements of existing law, the separations of power established
in the Constitution are destroyed and America has become a
dictatorship."

Serving as the Lead Plaintiff for the suit is former Arizona
Sheriff Richard Mack. Sheriff Mack is one of the parties that
successfully challenged aspects of the Brady Bill in the Supreme
Court. See Printz/Mack v. United States, 521 U.S. 898 (1997). The
Brady Bill attempted to compel state law enforcement officers to
act at the direction of the federal government. Sheriff Mack is
also an author and lecturer on the subjects of State Sovereignty,
the 10th Amendment, and the proper role of law enforcement in
American government.

Liberty Legal Foundation is a nonprofit organization dedicated to
restoring the U.S. Constitution, protecting people's basic rights
against government intrusion, and reforming the courts. Its
mission is to restore the Constitution by strategically
challenging flawed court precedent. "A small number of historical
cases destroyed the purpose of our Constitution and our courts.
Reversing those cases will go a long way towards restoring our
Constitutional Republic and our individual liberties," says
Liberty Legal Founder Van Irion.


* Annual D&O Report Reveals Fewer Securities Class Action Suits
---------------------------------------------------------------
Improved corporate governance, fewer securities class-action
lawsuits and ample capacity drive the soft directors' and
officers' liability market, according to the annual D&O Peer
Benchmarking Report presented by NASDAQ OMX and Aon.

The continued softening of the D&O insurance market is welcomed by
major public corporations as they strive to reduce costs and
improve bottom line performance.  NASDAQ OMX, the world's largest
exchange company, released the report September 21 in association
with Aon Risk Solutions, the global risk management business of
Aon Corporation.

Nearly 600 NASDAQ OMX companies from 46 states and 18 countries
participated in the survey. According to the report, these
organizations purchased more than $21 billion in limits and $370
million in premiums, and owned 2,245 policies in 2009. The
coverage was placed through 62 different insurance brokers.

"Public companies are under tremendous pressure to trim expenses,
and this benchmarking analysis serves as an eye opener for our
member companies," said Demetrios Skalkotos, senior vice president
of NASDAQ OMX Global Corporate Solutions. "Knowing how much D&O
coverage your peers are buying is helpful, but it can be even more
powerful to know how much they are paying for it."

For the majority of S&P companies, D&O pricing declined in 2009.
According to the report, even financial institutions, which were
the only industry group in last year's survey to see an increase,
experienced a decline.

The D&O Peer Benchmarking Report outlines six best practices for
organizations to follow when looking to purchase or analyze their
coverage:

--  Examine the D&O policy to determine corporate executive
     indemnification provisions

--  Question any generic worldwide coverage language in the D&O
     policy; it may be inadequate

--  Recognize what triggers a claim under the D&O policy

--  Scrutinize the limits of the excess policies

--  Understand how coverage under the D&O policy is affected by
     the wrongful acts of others

--  Know how the organization and the directors and officers are
     protected during a financial crisis

The report notes that only 178 U.S. federal securities class-
action lawsuits were filed in 2009, reflecting a decrease of 20
percent from 2008. Outside the U.S., 293 actions were brought
against directors and officers in more than 50 countries.

"We are starting to see U.S. financial regulatory agencies become
more active and aggressive as the SEC makes reinvigorating its
enforcement program a top priority," said Ralph Semeraro, managing
director of Aon Risk Solutions' Financial Services Group. "Now
more than ever, it is imperative for organizations to have solid
directors' and officers' liability coverage in place."

"The D&O peer survey provides comprehensive, detailed buying data
in a clear, concise manner that allows our board to make an
informed D&O purchase that is appropriate for our company's
needs," said Dorrance Lamb, chief financial officer of Performance
Technologies.

Download a two-page summary of the 2010 NASDAQ OMX/Aon Directors'
and Officers' Liability Insurance Peer Benchmarking Report at
http://www.aon.com/do

                         About NASDAQ OMX

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                       Asbestos Litigation

ASBESTOS UPDATE: KDOC Orders Abatement at Two Prison Facilities
---------------------------------------------------------------
The Kansas Department of Corrections (KDOC) ordered abatement work
at two correctional facilities when an audit found out that
asbestos was in various buildings, the Mesothelioma & Asbestos
Awareness Center reports.

The US$170,000 assessment of pipe insulation, ceiling material,
floor tile and other products likely to contain asbestos was in
response to the U.S. Environmental Protection Agency's report
documenting past mishandlings of asbestos removal.

Another US$75,000 has now been reallocated for abatement of pipe
wrapping and ceiling tile at the Lansing and Winfield prisons,
although the KDOC contends that government regulations do not
require immediate removal of asbestos found in other prison areas.

This limited clean-up has not satisfied Jane Carter, Executive
Director of the 10,000-member Kansas Organization of State
Employees, which represents state corrections officers.

Ms. Carter believes that the state should develop a comprehensive
plan for ridding correctional institutions of asbestos.


ASBESTOS UPDATE: Hazard Found at Gardens of Stone National Park
---------------------------------------------------------------
About one ton of asbestos sheeting was discovered by a local
National Parks and Wildlife Service field officer at the World
Heritage-listed Gardens of Stone National Park near Lithgow, New
South Wales, Australia, the Lithgow Mercury reports.

The NPWS appeals to the community for information on the dumping
of asbestos at the Gardens of Stone National Park.

Upper Blue Mountains Area Manager Richard Kingswood said he was
concerned by this kind of careless and illegal act.  He said, "The
Gardens of Stone National Park has been included on the World
Heritage List for its unique and special features."

Mr. Kingwood said disposing of asbestos sheeting must be done
properly in a safe manner and depending on the size, may need to
be handled by a licensed operator.

Illegal dumping can attract up to AUD5000 in on the spot fines
plus expensive clean up costs or up to AUD1 million if it goes to
court.


ASBESTOS UPDATE: Fort Wayne Lawsuit v. IDEM on Abatement Ongoing
----------------------------------------------------------------
The city of Fort Wayne, Ind.'s lawsuit against the Indiana
Department of Environmental Management (IDEM), over the State's
interpretation of asbestos abatement rules, is ongoing, the
Mesothelioma Resource Center reports.

According to the lawsuit filed in Allen Superior Court, Fort Wayne
wants a judge to declare the IDEM's interpretation of the rules
incorrect and prohibit them from enforcing the rules in such a
manner.

The rule interpretation in question involves how the IDEM views
the U.S. Environmental Protection Agency's standards for hazardous
air pollutants and the required asbestos testing and safe removal
during instructions.

The city's asbestos lawyer said the EPA rule does not apply to
residential buildings with four or fewer dwelling units if they
are undergoing demolition as part of a "spot blight removal."

The asbestos lawyer said the city has complied with the federal
law that specifies contiguous houses must undergo testing and safe
removal of the material.

By requiring the city to pay contractors to conduct asbestos
testing in houses that are not contiguous, thousands of dollars
are added to the city's demolition costs, a number the asbestos
lawyers estimates to be about US$40,000 each year just for the
testing.


ASBESTOS UPDATE: Rolls-Royce Worker's Death Related to Exposure
---------------------------------------------------------------
The Banoldswick and Earby Times reported that the death of Fred
Ideson, a pensioner and a former fireman at a Rolls-Royce plant,
was linked to long-term exposure to asbestos,
contractorscompare.com reports.

Mr. Ideson died at the age of 72.

A statement made by Mr. Ideson and read out by east Lancashire
coroner Richard Taylor said that he started working at the factory
in 1965, and was in regular contact with fire buckets lined with
asbestos.

Furthermore, Mr. Ideson also used asbestos fire blankets and had
to enter roof spaces which could have been lined with the cancer-
related material.

Dr. Zuhair Twaij, a pathologist who carried out the post-mortem
examination on Mr. Ideson, said, "There was a huge tumor on the
left side of his chest involving the pleura encircling the lung.
Both lungs showed features of bronchial pneumonia."

Mr. Taylor recorded a verdict of death from industrial disease.


ASBESTOS UPDATE: Whitehaven Resident's Death Related to Exposure
----------------------------------------------------------------
An inquest heard that the death of Edward Nicholls, a former
maintenance fitter at West Cumberland Hospital in Whitehaven,
Cumbria, England, was linked to workplace exposure to asbestos,
News & Star reports.

Mr. Nicholls died at his home on Feb. 26, 2010.  He was 76 years
old.  Coroner David Roberts recorded a verdict of death as a
result of an industrial disease.

A post mortem examination revealed that asbestos bodies were
prominent in a tumor on Mr. Nicholls' right lung.

The inquest heard that Mr. Nicholls initially began treatment in
2009 for a kidney problem, but his condition deteriorated.
Further tests suggested that he had contracted mesothelioma.
After being diagnosed, he made a full statement about his work
history, which was read out during the hearing.

Mr. Nicholls said he worked at the West Cumberland Hospital as a
fitter's mate between 1963 and 1998.  At that time, he undertook a
variety of jobs, from fitting light bulbs to working in the boiler
house.  Part of his job was to repair pipes which had been lagged
with asbestos. He said he had to crawl under ducts where there was
asbestos and he was often exposed to asbestos dust.

Mr. Nicholls was married to Mabel and had two daughters.


ASBESTOS UPDATE: Hazard to be Cleared From Fla. Mobile Home Park
----------------------------------------------------------------
By order of Mayor Judy Paul, pipes containing asbestos will be
removed from Palma Nova Mobile Home Park in Davie, Fla., the
Mesothelioma and Asbestos Awareness Center reports.

This has been the response to worries that park reconstruction
might trigger a release of the asbestos and increase the risk of
exposing residents to fatal asbestos related diseases like
asbestosis, lung cancer and mesothelioma.

On other occasions, town employees stated that asbestos-cement
pipes used for drinking water and sewer lines for Palma Nova
Mobile Home Park were safe for future drinking water, but now
there seems to have been a change of heart.

It will cost the town about US$30,000 to pinpoint and remove the
asbestos pipes, which ultimately sends the message that the piping
is anything but safe.


ASBESTOS UPDATE: Cleanup at Warren County Bldg. to Cost $120,000
----------------------------------------------------------------
The Post-Star newspaper reported the additional cleanup by the
company hired for an asbestos abatement project at the former
Warren County Department of Social Services in Queensbury, New
York, has been pegged at US$120,000, the Mesothelioma Resource
Center reports.

More asbestos has been found on bricks that are part of the
building's facade.  County officials are trying to negotiate an
asbestos settlement because they contend the firm should have
found the additional asbestos while it was working on the
property.

They have also decided against burying the bricks onsite once the
old building is demolished to prevent asbestos contamination in
the future.

The state Department of Environmental Conservation said the bricks
could be buried on the site.  However, the county decided to
dispose of them in a landfill so they can redevelop the social
services site at a later time.


ASBESTOS UPDATE: Cleanup at Leigh Parish Church Costs GBP10,000
---------------------------------------------------------------
Colin Harvey, organ keeper at Leigh Parish Church, in Greater
Manchester, England, says that asbestos abatement will cost
GBP10,000, while taking away sections of the organ will cost a
further GBP30,000, the Leigh Reporter reports.

Fears over asbestos have forced the church to scrap the use of its
100-year-old organ.  Mr. Harvey says the historic instrument has
not been played since asbestos was discovered inside the organ 12
months ago.

And the church, in Westleigh Lane, has revealed it is unable to
raise the GBP40,000 needed to remove the asbestos and repair the
Harrison & Harrison organ.

Services have continued since the substance was found.  And
parishioners at the church have been told they are safe because it
is trapped inside the church organ.

An electronic keyboard is now being used during church services
while the historic instrument is out of use.

The organ at Leigh Parish church was built in 1910 to replace the
original instrument from the 1700s which is still in place.


ASBESTOS UPDATE: 10 England Councils Fined for Breach in Schools
----------------------------------------------------------------
Ten councils in England have been served notices and told to
improve their asbestos management or face the legal consequences,
Building.co.uk reports.

The Health and Safety Executive carried out an assessment of
asbestos maintenance in 152 local authorities with responsibility
for schools in England.  The HSE was specifically looking at
system-built schools, which were constructed between 1945 and 1980
and were often fire proofed with asbestos.

Of the 152 councils surveyed, 110 provided satisfactory responses,
but 42 councils required visits.  Ten were subsequently served
notices requiring improvements within a time frame or face legal
proceedings.

Thurrock Council was the only council given a prohibition notice,
which meant a boiler room was immediately made off-limits.

The full list of offending councils is:

   -- Bedford (one improvement notice)
   -- Doncaster (two improvement notices)
   -- Harrow (failed to respond to survey and served three
      improvement notices)
   -- Kent (two improvement notices)
   -- Lambeth (two improvement notices)
   -- Medway (two improvement notices)
   -- South Gloucestershire (one improvement notice)
   -- Thurrock (two improvement notices and one prohibition notice
      on boiler room)
   -- Waltham Forest (two improvement notices)
   -- Worcestershire (one improvement notice)


ASBESTOS UPDATE: U.K. Local Authorities Satisfy Asbestos Program
----------------------------------------------------------------
According to a survey and follow-up inspection program, most local
authorities in England with "system build" schools have procedures
and precautions in place to manage asbestos safely, according to a
Health and Safety Executive press release dated Sept. 21, 2010.

Of the 152 councils in England that have responsibility for
providing education, 110 satisfied the HSE, via an online survey,
that they have systems in place to meet their duties under the
Control of Asbestos Regulations 2006.

The other 42 authorities were visited by HSE inspectors to ensure
that they were also managing the risks from asbestos.  These
inspections resulted in 32 councils being given further advice
about practical improvements and 10 authorities receiving
enforcement notices to improve asbestos management standards -
covering issues such as training and the need to provide
information for tradespeople carrying out work at the schools.

Rosalind Roberts, the head of HSE's public services sector, said,
"We are satisfied that most local authorities were taking their
responsibilities seriously when it comes to managing asbestos in
system build schools.

"Where local authorities had fallen below acceptable standards, we
took action to secure improvements.  There are key lessons for the
whole education sector.  Those responsible for managing asbestos
must be properly trained and management plans which set out the
measures to be taken to manage the risks must be in place and
readily available."

The survey and inspection program were carried out in conjunction
with the Department for Education (DfE), and is the latest in a
series of initiatives to ensure that local authorities and schools
responsible for system buildings are managing the risks from
asbestos.

In 2006, the Asbestos in Schools Working Group was established and
produced guidance on managing asbestos.  This was followed by an
inspection program in 2007/08 to check compliance with the duty to
manage asbestos requirements.

Another survey and inspection initiative will be undertaken
between October 2010 and March 2011 to check compliance with the
Control of Asbestos Regulations 2006 in those schools that fall
outside local authority control.


ASBESTOS UPDATE: Appeals Court to Affirm Ruling in Kurns Lawsuit
----------------------------------------------------------------
The U.S. Court of Appeals, Third Circuit, will affirm the ruling
of the U.S. District Court for the Eastern District of
Pennsylvania, which granted summary judgment in favor of Viad
Corporation and Railroad Friction Products Corporation.

The case is styled Gloria Gail Kurns, Executrix of The Estate of
George M. Corson, Deceased; Freida E. Jung Corson, Widow In Her
Own Right v. A.W. Chesterton Inc., et al.; BOC Inc., Airco Welders
Supply Inc.; Railroad Friction Products Corporation; Viad Corp.
Gloria Gail Kurns; Freida E. Jung Corson, Appellants.

Judges Chagares, Rendell, and Ambro entered judgment in Case No.
09-1634 on Sept. 9, 2010.

Gloria Gail Kurns and Freida E. Jung Corson brought suit on behalf
of George M. Corson, asserting a number of state law causes of
action related to his alleged exposure to asbestos during his
years employed by a railroad company.

While the suit was filed in state court, the matter was removed to
federal court and the District Court granted Viad Corporation and
Railroad Friction Products Corporation's motions for summary
judgment.

The plaintiffs appealed from the District Court's entry of summary
judgment on behalf of the appellees.  The Appeals Court will
affirm.

From 1947 to 1994, Mr. Corson worked as a welder, machinist, and
supervisor for the Chicago, Milwaukee, St. Paul, & Pacific
Railroad.  He was employed at different facilities in Montana and
South Dakota.  Much of his job involved removing insulation from
locomotive boilers and putting brake shoes on the locomotives.

The plaintiffs claimed that throughout this time period, Mr.
Corson was repeatedly exposed to asbestos from the insulation and
the brake shoes.  After his retirement, Mr. Corson was diagnosed
with malignant mesothelioma.  He passed away after the initiation
of this litigation, and is represented by both his widow and the
executor of his estate.

The plaintiffs sued Viad and RFPC and a number of other defendants
(59 defendants in all), in Pennsylvania state court, seeking to
recover compensatory and punitive damages for the harmful effects
to Mr. Corson's health resulting from his exposure to asbestos.

On Feb. 5, 2009, the District Court granted summary judgment in
favor of RFPC and Viad, holding that the plaintiffs' state law
product liability tort claims were preempted by federal law.  The
plaintiffs filed a timely appeal from the District Court's order.


ASBESTOS UPDATE: Court OKs Ford, Honeywell Bid in Shepherd Claim
----------------------------------------------------------------
The U.S. District Court, Eastern District of Pennsylvania, granted
Ford Motor Company and Honeywell International Inc.'s request for
information contained in the claims submitted Shirley Shepherd to
bankruptcy trusts.

The case is styled Shirley Shepherd v. Pneumo-Abex, LLC, et al.

U.S. Magistrates Judge Elizabeth T. Hey entered judgment in Edpa
Civil No. 09-91428 on Aug. 30, 2010.

Ford and Honeywell, in this asbestos action, have requested
certain information regarding Plaintiff's submission to bankruptcy
trusts.  Ms. Shepherd had objected to providing the information or
providing authorizations to allow Defendants to obtain the
information directly from the trusts.


ASBESTOS UPDATE: Lockheed Summary Judgment Upheld in Arnold Case
----------------------------------------------------------------
The Court of Appeals of Washington, Division 2, upheld the ruling
of the Pierce County Superior Court, which granted summary
judgment in favor of Lockheed Shipbuilding Company in an asbestos
lawsuit filed by Marjorie Arnold for her husband, Reuben Arnold,
and her son, Daniel Arnold.

Judges Penoyar, Armstrong, and Van Deren entered judgment in Case
No. 39055-8-II on Aug. 31, 2010.

The Arnolds appealed the trial court's order granting summary
judgment to Lockheed and dismissing their asbestos-related claims.
The Arnolds sued Lockheed after Reuben Arnold, Mrs. Arnold's
husband and Daniel's father, died from mesothelioma.

Reuben Arnold worked as an insulator for over 30 years until he
retired in 1987.  For about one year during 1962 and 1963, he
performed insulation work on Alaska ferries at Lockheed's Harbor
Island shipyard in Seattle. At the time, Reuben's employer was
E.J. Bartells, a Lockheed contractor.  Reuben also may have worked
at Lockheed in 1967-68.

In 1969, Reuben performed insulation work on Navy ships at
Lockheed for another contractor, Unicor, Incorporated or Owens
Corning.  Reuben was a member of the insulators workers' union.

Insulators at Lockheed's shipyard worked below deck sawing pieces
of asbestos insulation and mixing insulation mud.  The work
created dust that coated the insulators' clothing.  Reuben brought
home dust on his clothes, which Marjorie shook out and laundered.

In 1979-80, Daniel worked at Lockheed's shipyard as an insulation
assistant for an unspecified amount of time.  Daniel wore a
protective suit taped at the wrists and ankles, booties, two sets
of gloves, and a respirator.

Reuben developed mesothelioma and died in April 2008.  Daniel also
developed mesothelioma and died recently.

On Aug. 4, 2008, the Arnolds filed a complaint in Pierce County
Superior Court, asserting asbestos-related claims against Lockheed
and about 30 other companies.

Lockheed, the only respondent in this appeal, is a wholly owned
subsidiary of Lockheed Martin Corporation.  Lockheed closed its
Seattle shipyard in the late 1980s and no longer operates as a
business.

On Dec. 26, 2008, Lockheed moved for summary judgment.  On Jan.
16, 2009, the Arnolds deposed Ildiko Songrady, Lockheed's
designated witness. On Jan. 27, 2008, the Arnolds filed a response
to Lockheed's summary judgment motion and attached several
exhibits.  On Feb. 9, 2009, the trial court granted summary
judgment to Lockheed.

The trial court denied the Arnolds' subsequent motion for
reconsideration and granted Lockheed's motion to strike a number
of exhibits and an expert's declaration that the Arnolds submitted
with their motion.  The Arnolds appealed.


ASBESTOS UPDATE: Court Denies Disclosure Bid in Allison Lawsuit
---------------------------------------------------------------
The U.S. District Court, Eastern District of Pennsylvania, denied
a request for disclosure of allegations of asbestos exposure
contained in Douglas M. Allison's settlement releases.

The case is styled Douglas M. Allison v. Goodyear Tire & Rubber
Co.

U.S. Magistrate Judge Elizabeth T. Hey entered judgment in Civil
Action No. 07-69104 on Aug. 19, 2010.

Goodyear Tire & Rubber Company, a defendant in this asbestos
action, had filed a letter brief requesting certain discovery,
namely statements of exposure contained in settlement releases
executed by Mr. Allison as to other defendants.

It seemed that Goodyear feared that Mr. Allison will swear to
asbestos exposure in a settlement release, and then deny or hide
such exposure in the litigation against Goodyear.  Mr. Allison's
counsel had declined to produce this information, arguing that it
is not discoverable.

Goodyear offered three reasons in support of disclosure: (1) the
representations of exposure are discoverable under the Federal
Rules of Civil Procedure; (2) they are routinely disclosed in
asbestos actions in New York; and (3) not disclosing the
statements would prejudice Goodyear and could lead to perjury at
trial.

Judge Hey rejected Goodyear's arguments based on the record before
this court.


ASBESTOS UPDATE: Court OKs AMF Dismissal Motion in King Lawsuit
---------------------------------------------------------------
The U.S. District Court, Eastern District of Pennsylvania, granted
AMF Inc.'s motion to dismiss, in an asbestos case styled King, et
al., Plaintiff v. E.I. DuPont de Nemours and Co., et al.,
Defendants.

District Judge Eduardo C. Robreno entered judgment in the case,
which is part of MDL Docket No. 875, on Aug. 25, 2010.

Before the Court was AMF Inc.'s Motion to Dismiss for failure to
state a claim.  Plaintiffs filed these cases claiming personal
injury due to asbestos exposure in Texas state court in 1995.

In August 2009, the Court ordered a severed group, which had been
consolidated under lead Plaintiff Douglas King (The King Group),
to submit a discovery plan.  In October 2009, AMF filed a Motion
to Stay, or alternatively, Dismiss Plaintiff's Claim.  Of a group
originally numbering over 800 plaintiffs, counsel had elected to
pursue 86 individual cases.

AMF moved to dismiss on the grounds that Mr. King failed to file a
medical report by a board certified physician indicating that the
exposed party has been diagnosed with malignant mesothelioma, or
other asbestos-related cancer, or had asbestos-related pulmonary
impairment.

AMF's Motion to Dismiss was granted.


ASBESTOS UPDATE: Kentucky DOT Fined $6,000 for Safety Violations
----------------------------------------------------------------
The Occupational Safety and Health Administration fined the
Kentucky Department of Transportation US$6,000 for asbestos-
related violations, Local 6 WPSD reports.

The DOT district one headquarters in Reidland, Ky., was installing
new light fixtures but employees noticed a white dust in their
work area.  It turns out the dust was asbestos.

The chief engineer for the district told Local 6, "We have agreed
that in the future, all such work in the building will be done by
a certified environmental contractor who is fully trained to avoid
exposing employees to the material."


ASBESTOS UPDATE: Kidderminster Local's Death Linked to Exposure
---------------------------------------------------------------
An inquest heard that the death of David Taylor, of Kidderminster,
Worcestershire, England, was related to workplace exposure to
asbestos, the Halesowen News reports.

Mr. Taylor was admitted to the hospital where his condition
deteriorated.  He died on July 29, 2010 at the age of 75.


ASBESTOS UPDATE: Iconic Gettysburg Electric Map Contains Hazards
----------------------------------------------------------------
Asbestos covers the iconic 12-ton Gettysburg electric map, which
highlights troop movement during the Civil War's Battle of
Gettysburg, the Mesothelioma Resource Center reports.

The electric map was formerly used at the Gettysburg National
Military Park in Gettysburg, Pa.

The Gettysburg Times reported that the map was placed in storage
two years ago when a new visitor center opened at the Gettysburg
National Military Park in Pennsylvania.  To store it, the map was
cut into four parts, but that displaced some of the asbestos that
covered the sign and is now crumbling.

The 47-year-old sign was donated to the Gettysburg Foundation, the
park's fundraising and management partner, which must decide how
to proceed with the future use of the sign.

Park spokeswoman Katie Lawhon told the newspaper the foundation is
exploring ways of "creating a new Electric Map show in the
future."

Ms. Lawhon added the asbestos issue also is a major consideration,
while the foundation is "carefully storing the map for some future
use, or [considering] possible transfer to another non-profit
organization for educational use."


ASBESTOS UPDATE: Sheaffer Case v. 85 Firms Filed in Kanawha Co.
---------------------------------------------------------------
Robin Rabicklow and Tammy Sheaffer, on behalf of Violet Nell
Sheaffer, filed an asbestos-related lawsuit against 85 defendant
corporations in Kanawha Circuit Court, W.Va., on Aug. 20, 2010,
The West Virginia Record reports.

On Aug. 22, 2008, Violet Sheaffer was diagnosed with lung cancer.
On March 11, 2010, Violet Sheaffer died and Ms. Rabickow and Tammy
Sheaffer were named co-administratrixes of her estate.

The plaintiffs claim Violet Sheaffer was employed by B&W from 1975
until 1981, but her ex-husband held numerous jobs throughout their
marriage with the defendants, which caused her to be exposed to
her husband's asbestos-laden clothing.

The plaintiffs seek compensatory and punitive damages. They are
being represented by Brian A. Prim, Esq.

Case No. 10-C-1491 has been assigned to a visiting judge.


ASBESTOS UPDATE: Reisberger Action v. 95 Firms Filed in Kanawha
---------------------------------------------------------------
Frank S. Reisberger, of Shadyside, Ohio, filed an asbestos-related
lawsuit against 95 defendant corporations on Aug. 30, 2010 in
Kanawha Circuit Court, W.Va., The West Virginia Record reports.

On Aug. 17, 2010, Mr. Reisberger was diagnosed with malignant
mesothelioma.  He claims he smoked cigarettes from 1941 until 1954
but has since quit.

Mr. Reisberger seeks a jury trial to resolve all issues involved
in the suit. He is being represented by Victoria L. Antion, Esq.,
John D. Hurst, Esq., Scott A. McGee, Esq., and C. Taylor Campbell,
Esq.

Case No. 10-C-1559 has been assigned to a visiting judge.


ASBESTOS UPDATE: Hinton Case v. 58 Firms Filed Aug. 25 in W.Va.
---------------------------------------------------------------
James R. and Glendene F. Hinton, of Parkersburg, W.Va., filed an
asbestos lawsuit against 58 defendant corporations in Kanawha
County Circuit Court, W.Va., on Aug. 25, 2010, The West Virginia
Record reports.

Mr. Hinton was diagnosed with mesothelioma on July 7, 2010.  Mr.
Hinton, who worked for Union Carbide in South Charleston from
1946 until 1991 as an operator, claims he has never smoked.

The Hintons seek a jury trial to resolve all issues involved in
their case. They are being represented by John E. Sutter, Esq.

Case No. 10-C-1518 has been assigned to a visiting judge.


ASBESTOS UPDATE: Moline, Ill. School Dorm Slated for Demolition
---------------------------------------------------------------
The Illinois Environmental Protection Agency cleared the Moline,
Ill., nursing school dormitory building site, which tested for
asbestos in the soil on Sept. 20, 2010, for demolition, WQAD-TV
reports.

Michael Shamsie of Moline Place Development manages the property
and filed a 10-day demolition notice with the state on Sept. 21,
2010 after getting the go ahead from the EPA.

The demolition can take up to 70 days to complete.  Once the site
has been cleared, graded, and restored, it can then be transferred
to the city of Moline, who plans to develop the site for housing.


ASBESTOS UPDATE: Asbestos Illnesses in British Columbia Rising
--------------------------------------------------------------
Asbestos-related diseases like asbestosis, lung cancer and
mesothelioma are increasingly becoming the leading cause of
workplace death in British Columbia, Canada, Mesothelioma.com
reports.

Canadian health official began to publicly recognize the dangers
of asbestos in the 1970s, and the substance's use was largely
phased out in Canada by the 1990s.

Only now are workers who were exposed decades ago beginning to
die, which means asbestos exposure still poses a severe threat.
WorkSafe BC documents some 50 asbestos-related workplace deaths
annually, and it is estimated that 1,500 workers will die from
asbestos-caused disease over the next five years.

In British Columbia, about 23% of asbestosis victims filed
provincial workers' compensation claims, and less than half of all
provincial mesothelioma cases are compensated by WorkSafe BC,
despite the fact that prolonged asbestos exposure causes this rare
cancer of the lining of the chest and abdomen in 77% of cases.

Electricians make up 8% of WorkSafe BC's asbestos-disease
claimants, while metal workers and mechanics make up 21%.  Many
plumbers, carpenters, painters, insulators and drywallers are also
regularly exposed to asbestos despite strict controls over
asbestos use and removal.

Many workers may die never knowing what they have or why they have
it, making asbestos related diseases a massively overlooked
workplace threat.


ASBESTOS UPDATE: Greedy U.K. Solicitors Target Asbestos Victims
---------------------------------------------------------------
Northern TUC Asbestos Support and Campaign Group, a group based in
Wallsend, Tyneside, England, warned that some greedy solicitors
are cashing in on asbestos victims, the Chronicle News reports.

The Group slammed "profiteering" lawyers for trying to take a
slice of pleural plaques sufferers' cash.  And they warned victims
to avoid rip-off "claims farmers."

After a year-long campaign in the Chronicle -- backed by trade
union leaders and MPs -- the last Government agreed to a GBP5,000
one-off payment scheme for people with pleural plaques.

Anyone who had brought, but not resolved, a legal claim before the
House of Lords ended the right to compensation in October 2007 is
now eligible to apply for the cash.

Many firms of solicitors offer to process claims under the scheme.
However, some are attempting to siphon off some of the payment for
their own gain.  They are charging fees, sometimes up to GBP400,
for filling out the forms needed to apply.

Because the cases do not need to go to court, there is no
opportunity for victims to recoup their costs, as in normal
compensation cases.  "This is sheer exploitation," said Northern
TUC regional secretary Kevin Rowan.  "The Government has made a
commitment to pay a modest lump sum to some workers suffering
pleural plaques with details of who is eligible to make such a
claim finally being issued.

"Any claims firms or solicitors preying on these claims by taking
a cut are just ripping off victims in the most despicable and vile
way."

Mr. Rowan added some firms had also "dumped" clients, giving them
the paperwork to fill out with no help, because they knew they
would not be able to make any money from claims.

Thompsons Solicitors in Newcastle handle hundreds of asbestos
claims on behalf of union members, and do not charge for
applications to the pleural plaques scheme.


ASBESTOS UPDATE: Remediation Cost at Quincy Site to Exceed $1MM
---------------------------------------------------------------
Asbestos work at the Quincy Fair Mall site in Quincy, Mass., will
add US$700,000 to US$1 million to the $500,000 project cost,
PatriotLedger.com reports.

The added expense will be paid by the state with surplus stimulus
funds.

After the unexpected asbestos discovery brought the project to a
halt, demolition has resumed at the Quincy Fair Mall site, with
most of the debris headed to a hazardous-waste disposal facility
in Ohio.

The material had been untouched since late July 2010, when tiles
containing asbestos were found under a hidden floor in the
building, which once housed a movie theater, offices and a food
court.  The building is being torn down to make way for a new
concourse road through the downtown area.

About 2,500 to 3,000 tons of asbestos material is being removed.

Francis Sandonato, Quincy's clerk of the works for the demolition
project, said the asbestos-containing tiling was found in a false
floor in the former movie theater inside the mall.  The Quincy
Fair Mall building dates to 1940.

The false floor is believed to have been built when the theater
was added to the building in 1988.  Soundproofing insulation was
installed between the floors.


ASBESTOS UPDATE: Hazard Uncovered in Heyworth School in Illinois
----------------------------------------------------------------
An air sample in a section of the junior-senior high school in
Heyworth, Ill., tested positive for asbestos, Pantagraph.com
reports.

The discovery of asbestos caused the Heyworth school district to
cancel all classes on Sept. 22, 2010 and Sept. 23, 2010.

Superintendent Randy Merker said testing was ordered after
custodians preparing hallways for painting in the junior high wing
discovered a small piece of hard plaster and feared it might be
asbestos.  He said, "They were cleaning the walls and it was
generating a lot of dust.  After finding the plaster they became
concerned."

Ideal Environmental Engineering of Bloomington tested air samples
overnight and Mr. Merker received word early this morning of the
positive result.

Parents were notified of the closing through the district's
Schoolreach phone notification system shortly after 6:15 a.m.
Both the junior-senior high and the elementary schools are closed.

The junior high wing was the site of an asbestos abatement project
over the summer, and Mr. Merker said samples taken after that work
completed were negative.


ASBESTOS UPDATE: South Tyneside Pensioner to Get GBP5,000 Payout
----------------------------------------------------------------
Bob Cusworth, a pensioner from South Tyneside, England, is one of
many former borough industrial workers living with pleural plaques
who is set to receive a GBP5,000 payment, The Shields Gazette
reports.

Mr. Cusworth, a 73-year-old former shipyard worker, has campaigned
for six years for justice for himself and many other former
laborers living with the damaging legacy of asbestos.

However, Mr. Cusworth, who has seen about 50 ex-workmates die from
the effects of asbestos, remains angry that the compensation will
only be paid to some.  He said, "This was never about the money --
it was all about getting justice for the lads who are living and
dying from the effects of asbestos.

"I should think hundreds of ex-workers in South Tyneside could
receive the GBP5,000 payment."

Those living with the lung condition -- which can trigger
mesothelioma -- suffered a compensation hammer-blow in October
2007, when the Law Lords upheld a Court of Appeal decision that
pleural plaques sufferers did not qualify for financial
compensation.

Thousands of ex-workers had been compensated since the 1980s
before the cash guillotine came down.  But now workers who lodged
claims for pleural plaques before the Law Lords' ruling are
receiving a special one-off GBP5,000 payment, agreed by the Labour
Government at the start of 2010.

However, anyone who claimed after the Law Lords' ruling would not
receive anything.

A widower, Mr. Cusworth, has worked with Jarrow MP Stephen Hepburn
during his long campaign and amassed a large file of Gazette
cuttings about his fight.  He suffers breathlessness as a result
of pleural plaques and finds it difficult to walk long distances.

During Mr. Cusworth's time in the yards, he said there was little
or no protection against asbestos.

In February, then-Justice Secretary Jack Straw announced GBP5,000
payments would be made to anyone who claimed for compensation
before the 2007 Law Lords' ruling, under an extra-statutory
scheme.


ASBESTOS UPDATE: Asbestos Forces Closure of School in York, Pa.
---------------------------------------------------------------
McKinley Elementary in York, Pa., was closed due to concerns
regarding the removal of asbestos in the premises, the York Daily
Record reports.

Teachers raised concerns after spotting a dust cloud on Sept. 21,
2010 in the under-renovation building, according to union
officials, and they refused to enter the building on Sept. 22,
2010.  However, district officials say proper protocols regarding
asbestos removal have been followed, and the air quality in the
building has been checked.

"The building is safe and will continue to be safe," said Eric
Holmes, acting superintendent for the York City School District.
The district "would never place students or staff in harm's way."


ASBESTOS UPDATE: Asbestos Uncovered at Cairns West State School
---------------------------------------------------------------
Four classrooms at Cairns West State School in Cairns, Queensland,
Australia, were tested positive for asbestos, The Cairns Post
reports.

Children and staff in two teaching areas had to be moved to other
classrooms during the last week of term after damaged ceiling
panels tested positive for asbestos.  Two other teaching areas
that tested negative were reopened.

Education Queensland infrastructure spokesman Graham Atkins said
the affected rooms were immediately sealed and restricted so
students were not at risk.  He said, "The areas remained closed
until the results of samples of the suspected sheeting were tested
for asbestos.  Any area found to be requiring attention will be
dealt with in accordance with asbestos management guidelines."

The ceiling panels are being repaired and rooms will be
professionally cleaned and given clearance certificates before
school starts on Oct. 4, 2010, Mr. Atkins added.


ASBESTOS UPDATE: Oaks Hotel in Sioux Falls Slated for Demolition
----------------------------------------------------------------
The demolition of the old Oaks Hotel in Sioux Falls, S.D., has
commenced, nearly three months after the mayor held a press
conference announcing the demolition, KELOLAND.com reports.

On Sept. 20, 2010, city officials said that the owner of the
building has a crew inside the hotel to remove asbestos so it can
be torn down.

The demolition was supposed to start in July 2010, but it never
happened.  The city says that owner David Graham ran into delays
with the state to get a permit to remove the asbestos in the
building.  But, despite the delays city officials are just glad
work to tear down the old hotel has started.

Problems with the Oaks date back two years when city inspectors
sent Mr. Graham a six page letter detailing all the health and
property violations at the hotel.  A few months later the hotel
closed.

But, that was just the beginning. Since it closed, the Oaks has
been vandalized and looted, the city had to pay US$2,400 to a
contractor to board up the building, and Mr. Graham has been fined
US$1,200 for the violations.

Mayor Mike Huether and Mr. Graham announced the building would be
demolished at the end of June 2010, and the building is still
standing.

Mr. Graham wants to transfer his liquor license from the Oaks to a
new downtown business.  Council member Michelle Erpenbach said on
Sept. 20, 2010 that she is willing to hold off on approving that
transfer until all Mr. Graham's fines are paid and the demolition
happens, because she said right now the Oaks is an
"embarrassment."

                             *********

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

Class Action Reporter is a daily newsletter, co-published by
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