/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/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 The NASDAQ OMX Group, Inc. -- http://www.nasdaqomx.com/-- delivers trading, exchange technology and public company services across six continents, with over 3,600 listed companies. NASDAQ OMX offers multiple capital raising solutions to companies around the globe, including its U.S. listings market, NASDAQ OMX Nordic, NASDAQ OMX Baltic, NASDAQ OMX First North, and the U.S. 144A sector. The company offers trading across multiple asset classes including equities, derivatives, debt, commodities, structured products and exchange-traded funds. NASDAQ OMX technology supports the operations of over 70 exchanges, clearing organizations and central securities depositories in more than 50 countries. NASDAQ OMX Nordic and NASDAQ OMX Baltic are not legal entities but describe the common offering from NASDAQ OMX exchanges in Helsinki, Copenhagen, Stockholm, Iceland, Tallinn, Riga, and Vilnius. About Aon Aon Corporation -- http://www.aon.com/-- is a global provider of risk management services, insurance and reinsurance brokerage, and human capital consulting. Through its more than 36,000 colleagues worldwide, Aon delivers distinctive client value via innovative and effective risk management and workforce productivity solutions. Aon's industry-leading global resources and technical expertise are delivered locally through more than 500 offices in more than 120 countries. Named the world's best broker by Euromoney magazine's 2008, 2009 and 2010 Insurance Survey, Aon also ranked highest on Business Insurance's listing of the world's largest insurance brokers based on commercial retail, wholesale, reinsurance and personal lines brokerage revenues in 2008 and 2009. A.M. Best deemed Aon the number one insurance broker based on brokerage revenues in 2007, 2008 and 2009, and Aon was voted best insurance intermediary, best reinsurance intermediary and best employee benefits consulting firm in 2007, 2008 and 2009 by the readers of Business Insurance. 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 Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Gracele D. Canilao, Leah Felisilda, Rousel Elaine Fernandez, Joy A. Agravante, Ronald Sy, Christopher Patalinghug, Frauline Abangan and Peter A. Chapman, Editors. Copyright 2010. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. 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