/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/111214.mbx C L A S S A C T I O N R E P O R T E R Wednesday, December 14, 2011, Vol. 13, No. 247 Headlines AAI CORP: Faces Class Action Over Unpaid Overtime AGRIUM INC: Oral Arguments in Potash Class Action Set for Feb. 8 ARCH CHEMICALS: Feb. 15 Class Action Settlement Hearing Set CHICAGO TRIBUNE: Accused of Increasing Rates Without Prior Consent FACEBOOK: Seeks Transfer of Likeness Class Action to California FISKVILLE CFA: May Face Class Action Over Toxic Chemicals GOV'T OF IRAN: Judge Orders Entry of Default in Class Action GOV'T OF ITALY: Codacons Mulls Class Action Over Pension Changes GOV'T OF NEW ZEALAND: Health Ministry May Face Flouridation Suit GOV'T OF WEST AUSTRALIA: Margaret River Fire Victims Mull Suit GPT GROUP: Slater & Gordon Files Class Action HEART CHECK: Customers Await Resolution of Class Action JAMES LATHAM PETERS: Sued Over Hepatitis C Infection MF GLOBAL: Shareholders File Class Action v. Former Officers MULTIBAND EC: Faces Class Action Over Negligent Hiring OLYMPIC ATHLETIC CLUB: Lifetime Members File Class Action PACIFIC BELL: Employee Sues Over Wrongful Termination PREFERRED POOL: Faces Antitrust Class Action in New Orleans PUBLISHERS: Motion to Dismiss Deadline Extended in E-Book Suit ROY O. MARTIN: Toxic Chemical Suit Can't Proceed as Class Action SONY COMPUTER: Remaining Claim in PS3 Class Action Dismissed STATE OF WASHINGTON: Faces Class Action Over Medicaid Cuts WAL-MART: New Discrimination Class Actions May Fail ********* AAI CORP: Faces Class Action Over Unpaid Overtime ------------------------------------------------- Gary Haber, writing for Baltimore Business Journal, reports that AAI Corp. broke federal wage laws by denying overtime pay to some of its employees, a federal lawsuit brought by one of the company's workers alleges. Chad Johnson claims in his lawsuit that the Hunt Valley defense contractor has a policy of not paying overtime to its field service engineers, who maintain and repair AAI's unmanned surveillance aircraft for military customers at bases around the world. The company's unmanned drones are used by the U.S military in Iraq and Afghanistan. Mr. Johnson, an Eagle River, Alaska, resident has worked as a field service engineer since October 2007, according to the suit. AGRIUM INC: Oral Arguments in Potash Class Action Set for Feb. 8 ---------------------------------------------------------------- Joe Celentino at Courthouse News Service reports that a full United States Court of Appeals for the Seventh Circuit panel will rehear arguments in a class action that alleges global price- fixing of potash, a common agricultural fertilizer. The plaintiffs allege that Canadian, Russian and Belarusian miners have fixed prices in Brazil, China and India. Inflated prices abroad have driven costs up in the United States, according to the complaint. U.S. District Judge Ruben Castillo refused to dismiss the case, finding that the Foreign Trade Antitrust Improvements Act did not limit the court's jurisdiction. But a three-judge panel of the 7th Circuit found otherwise in September, saying the act precluded federal court jurisdiction and that no exceptions applied because the alleged anticompetitive conduct did not "involve" imports to the United States or "directly affect" their price. Arguing that the ruling conflicted with the 7th Circuit's own precedent and a United States Court of Appeals for the Third Circuit decision issued last August, the plaintiffs petitioned for a rehearing en banc. The petition was granted and the court vacated its previous opinion. Oral arguments before the full court are set for Feb. 8. A copy of the Order in Minn-Chem, Inc. et al. v. Agrium Inc., et al., No. 10-1712 (7th Cir.), is available at: http://www.courthousenews.com/2011/12/09/7thCircuitORder.pdf ARCH CHEMICALS: Feb. 15 Class Action Settlement Hearing Set ----------------------------------------------------------- Pomerantz Haudek Grossman & Gross LLP on Dec. 9 issued a statement pursuant to an order of the Connecticut Superior Court for the Judicial District of Stamford-Norwalk at Stamford: CONNECTICUT SUPERIOR COURT FOR THE JUDICIAL DISTRICT OF STAMFORD- NORWALK AT STAMFORD No. X-08 FST-CV11-6010654-S GSS 5-08 TRUST, on behalf of itself and all others similarly situated, Plaintiff, v. ARCH CHEMICALS, INC., LONZA GROUP LTD., LG ACQUISITION CORP., MICHAEL E. CAMPBELL, RICHARD E. CAVANAGH, DAVID LILLEY, WILLIAM H. POWELL, DANIEL S. SANDERS, JANICE J. TEAL, and DOUGLAS J. WETMORE, Defendants. NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION TO: ALL PERSONS OR ENTITIES WHO HELD SHARES OF ARCH CHEMICALS, INC. COMMON STOCK, EITHER OF RECORD OR BENEFICIALLY, AT ANY TIME BETWEEN AND INCLUDING JULY 10, 2011 AND OCTOBER 20, 2011. YOU ARE HEREBY NOTIFIED, pursuant to Court Order and the Connecticut Practice Book 9-9, that a hearing shall be held before the Honorable Barbara Brazzel-Massaro, in the Connecticut Superior Court for the Judicial District of Stamford-Norwalk, 123 Hoyt Street, Stamford, CT 06905, on February 15, 2012 at 10:00 a.m. At the Settlement Hearing, the Court will consider whether: (1) to permanently certify a class, for settlement purposes only, consisting of all persons or entities who held the common stock of Arch Chemicals, Inc. at any time between and including July 10, 2011 and October 20, 2011; (2) to approve as fair, reasonable and adequate the proposed settlement of the above action and two related actions (Ahern v. Arch Chemicals, Inc., No. X-08 FST-CV- 11-6010650-S and Seifert Family Trust v. Campbell, et al., No. X- 08 FST-CV-11-6010938-S) in exchange for certain supplemental disclosures made by Arch in an amendment to the Schedule 14D-9 Solicitation/Recommendation Statement filed with the Securities and Exchange Commission on September 19, 2011; (3) to dismiss with prejudice the Action and Related Actions and to enter judgment releasing certain claims against the Defendants; (4) to certify Plaintiff GSS 5-08 Trust as representative of the Settlement Class and its counsel, Pomerantz Haudek Grossman & Gross LLP and Hurwitz Sagarin Slossberg & Knuff, LLC as Settlement Lead Class Counsel and Settlement Liaison Class Counsel, respectively; and (5) to approve the application of Plaintiff's Counsel for payment of attorneys' fees and reimbursement of costs and expenses. If you held Arch common stock during the Class Period, you are a member of the Settlement Class, from which you cannot opt out. However, you may file an objection to the Settlement with the Court on or before February 1, 2012 (fourteen calendar days before the Settlement Hearing) and serve it upon all of the following: Honorable Judge Barbara Brazzel-Massaro Connecticut Superior Court for the Judicial District of Stamford-Norwalk 123 Hoyt Street Stamford, CT 06905 Court overseeing the Action Matthew L. Tuccillo, Esq. Pomerantz Haudek Grossman & Gross LLP 100 Park Avenue New York, NY 10017 Counsel for Plaintiff GSS 5-08 Trust Thomas D. Goldberg, Esq. DAY PITNEY LLP One Canterbury Green 201 Broad Street Stamford, CT 06901 - and - Robert H. Baron, Esq. Cravath, Swaine & Moore LLP Worldwide Plaza 825 Eighth Avenue New York, NY 10019 Counsel for Defendants Arch Chemicals, Inc., Michael E. Campbell, Richard E. Cavanagh, David Lilley, William H. Powell, Daniel S. Sanders, Janice J. Teal and Douglas J. Wetmore Joseph L. Clasen, Esq. ROBINSON & COLE LLP 1055 Washington Boulevard Stamford, CT 06901-2249 - and - C. John Koch, Esq. Jenner & Block LLP 353 N. Clark Street Chicago, IL 60654-3456 Counsel for Defendants Lonza Group Ltd. and LG Acquisition Corp. Any objection must include: (1) a written notice of an intention to appear (if such Settlement Class Member intends to appear); (2) proof of ownership of Arch common stock and membership in the Settlement Class; (3) a detailed statement of such person's objections to any matters before the Court; and (4) the grounds therefore or the reasons that such person desires to appear and be heard, as well as all documents or writings such person desires the Court to consider. To be considered timely, such materials must be complete and post-marked on or before February 1, 2012. For copies of the complete settlement documents, please contact Matthew L. Tuccillo, Pomerantz Haudek Grossman & Gross LLP, 100 Park Avenue, New York, NY 10017. Any questions regarding the Settlement should be directed to Plaintiff's Counsel, whose details are stated above. PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE. DATED: November 22, 2011 BY ORDER OF THE COURT STAMFORD/NORWALK JUDICIAL DISTRICT STATE OF CONNECTICUT CHICAGO TRIBUNE: Accused of Increasing Rates Without Prior Consent ------------------------------------------------------------------ Cheryl Naedler, on behalf of plaintiff and a class v. Chicago Tribune Company, Case No. 2011-CH-42347 (Ill. Cir. Ct., Cook Cty., December 9, 2011) is brought to secure redress for the action of Chicago Tribune in charging increased subscription costs to its customers' credit or debit cards using the information regarding such credit or debit cards in its files, without informing the customers in advance of the rate increase or securing its customers' consent to continuing doing business at the increased rates. The Plaintiff relates that in 2011, Chicago Tribune substantially increased the cost of her subscriptions from $42.50 to $97.50 per quarter. She contends that Chicago Tribune charged the increased subscription costs to its customers' credit or debit cards for charges that were not authorized or agreed to by its customers. Ms. Naedler was a Chicago Tribune subscriber who had her subscription charged to a Visa card on a quarterly basis. Chicago Tribune, an Illinois corporation, publishes and sells the Chicago Tribune newspaper. The Plaintiff is represented by: Daniel A. Edelman, Esq. Cathleen M. Combs, Esq. James O. Latturner, Esq. Francis R. Greene, Esq. EDELMAN, COMBS, LATTURNER & GOODWIN, LLC 120 S. LaSalle Street, 18th Floor Chicago, IL 60603 Telephone: (312) 739-4200 Facsimile: (312) 419-0379 E-mail: courtecl@edcombs.com ccombs@edcombs.com jlatturner@edcombs.com FACEBOOK: Seeks Transfer of Likeness Class Action to California --------------------------------------------------------------- Steve Korris, writing for The Madison St. Clair Record, reports that Mark Tamblyn and Ian Barlow of Sacramento, who dropped a class action against Facebook and joined Stephen Tillery of St. Louis in a similar action here, should return to California and take Mr. Tillery along, Facebook owners assert. On Dec. 8, San Francisco lawyer Matthew Brown asked U.S. District Judge Patrick Murphy to transfer Mr. Tillery's case to the Northern District of California. Mr. Tillery represents parents of two teenagers claiming Facebook misappropriated their names and likenesses for commercial purposes without parental consent. "Plaintiffs' counsel cannot dispute that venue and jurisdiction are proper in the Northern District of California, as Messrs. Tamblyn and Barlow previously filed and dismissed a highly similar lawsuit, Downey, in that district," Mr. Brown wrote. He wrote that the teens have continued logging into Facebook since the parents sued, and must abide by a statement of rights that all users affirm. The statement requires resolution of disputes in federal or state court in Santa Clara County, Calif., according to Mr. Brown. Accounts apparently matching the teens showed 185 logins for one and 94 for the other since the parents sued, Mr. Brown wrote. Mr. Brown didn't intend to put the exact numbers of logins in the public record. He filed his brief under seal, but Judge Murphy immediately ordered the clerk to unseal it. Mr. Brown blacked out bits of it and filed it again. That satisfied Judge Murphy. "Facebook now has filed redacted versions of the documents that it formerly filed under seal," Judge Murphy wrote. "Accordingly, the Clerk of Court is directed to strike in their entirety both Document 58 and Document 59 from the electronic docket of this case," he wrote. The clerk hadn't done it by the end of the day, so the public could read both the brief and the redacted brief. The brief gave numbers of logins, but bars covered them in the redacted brief. The brief stated that the teens registered on Aug. 2, 2010, and Feb. 3, 2010, but the redacted brief covered the dates. One section of the brief stated that the teens used their accounts frequently since filing suit, and another section stated that they accessed the accounts regularly. The redacted brief covered the adverbs, "frequently" and "regularly." Mr. Brown argued without redaction that Facebook employs 23 persons in Illinois, all at Chicago, and none with relevant information. He wrote that a pending suit in Northern California alleges misappropriation of names and likenesses for all ages, with a subclass of minors. He wrote that the most witnesses and documents would be at Facebook headquarters in Menlo Park, Calif. Tillery sued Facebook in June, claiming it improperly advertised what users like. He proposed a national class action or a class action in California, Ohio, Nevada, Illinois and Indiana. Messrs. Tamblyn and Barlow filed a similar suit for a New Jersey father at federal court in San Francisco in July, but voluntarily dismissed it in August. Judge Murphy presides over Mr. Tillery's case while his wife Patricia Murphy of Energy works with Mr. Tillery in a class action over weed killer atrazine before District Judge Phil Gilbert. FISKVILLE CFA: May Face Class Action Over Toxic Chemicals --------------------------------------------------------- Shelley Hadfield and Angus Thompson, writing for Herald Sun, reports that a class action could be launched against the CFA on behalf of those who believe they were affected by the use of toxic chemicals at Fiskville. Already 27 people have contacted law firm Slater & Gordon and at least 12 more have called Maurice Blackburn. The Herald Sun last week broke the story of the use of dangerous chemicals at the Fiskville CFA training college, near Bacchus Marsh, in the 1970s and 1980s. It has so far been linked to at least 15 deaths. The general manager of Slater & Gordon's class action department, James Higgins, said the firm had been contacted by people who had lost loved ones or had developed kidney, prostate, breast and pancreatic cancer. There were also some who had developed a type of skin cancer normally associated with smoking, Mr. Higgins said. Residents and firefighters were among those who had contacted the firm, he said. "A class action is a possibility. We will be seeking compensation for them, regardless of the legal mechanism," Mr. Higgins said. Maurice Blackburn associate lawyer Victoria Keays said the firm would look at claims individually then determine what was the best means of seeking compensation. A CFA spokesperson said it would not speculate on any class action or whether a compensation fund would be established. "At this stage we've got an investigation under way and we've appointed someone to head that investigation," the spokesperson said. CFA chief Euan Ferguson has pledged the fire authority will look at a scientific report into contamination at the Fiskville training site. As 25 CFA recruits graduated as career firefighters at the training base on Dec. 9, Mr. Ferguson defended the organization's safety record. Practices were now different to what they were in the 1980s, Mr. Ferguson said. He said the CFA had contacted former instructor Alan Bennett to scour a report revealing that staff -- many of whom have suffered or died of cancer -- were exposed to carcinogenic chemicals. But he said the CFA was unaware of any proven link between cancer and the chemicals burned in training drills and later buried at Fiskville. "I'm aware of people who have died. I couldn't give you a forensic analysis of the cause of their deaths, certainly some of them have died of cancer but we're not aware of any link." GOV'T OF IRAN: Judge Orders Entry of Default in Class Action ------------------------------------------------------------ On December 9, 2011, Larry Klayman, the founder of Freedom Watch and before that Judicial Watch, disclosed that Judge Beryl Howell of the U.S. District Court for the District of Columbia ordered the entry of default against defendants, Mahmoud Ahmadinejad, Ayaltollah Sayid Ali Hoseyni Khamenei, the Army of the Guardians of the Islamic Revolution and the Islamic Republic of Iran, in a class action lawsuit brought by victims of the regime. Mr. Klayman is the attorney who filed the case. The lead plaintiffs, Akbar and Manoucher Mohammadi, brothers, were the first to call for regime change during the early stages of the modern freedom movement in Iran. Mr. Akbar was tortured and murdered in Evin prison, and Mr. Manoucher was also tortured and held for seven years, under a death sentence. Mr. Manoucher ultimately escaped and found freedom in the United States. But the case is far broader than just these two heroic freedom fighters and was brought on behalf of all of the victims of the regime, including U.S. servicemen who were murdered as a result of Iranian bounties put on their heads. The case will now proceed to a hearing to determine damages and for entry of judgment. At this trial, the testimony of the victims of the regime will be heard and resonate throughout the world. In effect, the trial could ultimately prove similar to the historic Nuremberg trials, vividly exposing in graphic detail the inhuman atrocities of this radical Islamic regime, much as occurred with the Nazis, in a court of law. This suit is not only important to obtain justice for the victims and their families, but at this time in history for the world to be confronted with the reality that Iran is the most heinous of all the terrorist states. Iran is a major threat to world peace, and the regime must be finally dealt with, rendered impotent, and removed by the civilized world before another "Holocaust" results. In so doing, not only will the Persian people be freed from bondage and terror, but the nuclear threat will have been largely eliminated, and Israel and the west protected from the horrors of this regime. The court will be holding a status conference on Dec. 16 at 9:30 a.m. to schedule further proceedings. For more information or an interview call 310 595 0800 or e-mail leklayman@yahoo.com The complaint and other pleadings can be found at http://www.freedomwatchusa.org The case number in federal court is 09-1289 (BAH) and a review of the file can be obtained through the court's Pacer system and its Web site. GOV'T OF ITALY: Codacons Mulls Class Action Over Pension Changes ---------------------------------------------------------------- AGI reports that Codacons has come down strongly against any change to the age of retirement. Indeed, the consumer's group is organizing a massive class action in defense of acquired rights and for compensation measures. "The government's latest legislative action has cancelled, without any plausible justification, a series of Italian pensioners' rights achieved after a lifetime of work and sacrifice, forcing thousands of people close to retirement to continue working and to change their life plans. Indeed, the new legislation is grossly illegal, causing an entirely unjustified disparity of treatment between people about to retire and the retired", stated the organization. GOV'T OF NEW ZEALAND: Health Ministry May Face Flouridation Suit ---------------------------------------------------------------- Matt Rilkoff, writing for Taranaki Daily News, reports that New Plymouth residents suddenly feeling perky after the cessation of water fluoridation were being asked to join a lawsuit action against the Health Ministry. Fluoridegate Legal Action NZ was advertising on Dec. 10 to find people who might have had a chemical intolerance to fluoride and would be interested in joining a class action lawsuit against the ministry. The advertisement stated that those suffering from chronic fatigue, gastric and digestive problems requiring medication, skin problems and tingling nerves in fingers or toes might have a chemical intolerance to fluoridation. If so, their symptoms might be disappearing. In October the New Plymouth District Council unexpectedly decided to stop fluoridating the district's water supply but it has taken until now for the water to be essentially free of added fluoride. Mark Atkin, of FLANZ, said he had timed the advertisement to run when people might be noticing a difference in how they feel. "They ministry refuses to accept anyone is intolerant to fluoride. People are allergic to peanuts, pineapple, iodine, everything in the world some people have an intolerance to, but the ministry says people don't have one to fluoride," Mr. Atkin said. In a bid to show they do have an intolerance, some of those who join the class action will be subjected to independent tests to demonstrate their reaction to fluoride. Mr. Atkin believes it is this evidence and a deal he has struck with "one of the country's top law firms" that will ultimately see the case succeed. "We'll have all the evidence they will have none. There has been no studies to disprove chemical intolerance," he said. Despite the risk of independent testing also revealing no link between fluoride and illness, Mr. Atkin is confident that would not happen. He expected to be ready to start the suit within two years. A spokesman for the ministry said on Dec. 9 there was no basis for any legal action about fluoridation. "Fluoridation of water supplies is supported by respected authorities, including the World Health Organisation. Water fluoridation is a safe, effective and affordable way to prevent and reduce tooth decay within communities," the spokesman said. GOV'T OF WEST AUSTRALIA: Margaret River Fire Victims Mull Suit -------------------------------------------------------------- Amanda O'Brien, writing for The Australian, reports that nearly a quarter of property owners who lost homes in the Margaret River bushfires have contacted a major law firm to discuss suing the West Australian government just days after it flagged a possible class action. Nearly a quarter of property owners who lost homes in the Margaret River bushfires have contacted a major law firm to discuss suing the West Australian government just days after it flagged a possible class action. And experts warned on Dec. 9 that the litigants could include people whose homes were not destroyed. Bushfire litigator Kevin Banks-Smith told The Weekend Australian that a range of other losses, including reduced home values, could be involved. Former federal police chief Mick Keelty was set to front a community meeting in Margaret River on Dec. 11 to begin a government-commissioned inquiry into the fire, which claimed its first government casualty this week when Emergency Services Minister Rob Johnson lost his portfolio. The blaze, which started from a prescribed burn by the Department of Environment and Conservation, destroyed 32 homes and nine chalets in the surfing, wine and tourism region 360km south of Perth. The seaside hamlet of Prevelly was worst affected. Mr. Banks-Smith, who is working with law firm Slater & Gordon on the possible class action, already represents 101 people taking action in the Supreme Court against state-owned electricity provider Western Power over a 2009 fire that destroyed 38 homes in Toodyay, 85km north of Perth. That fire was linked to a fallen power pole but Western Power denied liability. Mr. Banks-Smith said he expected a similar size group from the Margaret River fire if losses were not covered. Premier Colin Barnett has refused to commit to compensation, and instead urged people to wait for Mr. Keelty to report next month. "But if people choose to take civil action, they can do so," the Premier said. Mr. Banks-Smith said feelings were running high as people worried about their future. "In my experience handling several WA fires, impacted residents with the normal house and contents cover will still be left with significant losses, possibly up to 50%," he said. "This is not their fault, but is simply the way insurance policies operate. "Slater & Gordon will also be specifically investigating if the value of the unaffected homes in Prevelly have been adversely affected by the surrounding fire damage. "This type of loss is not normally covered by the usual home and contents insurance, but can be sought by way of legal action if that step is necessary." GPT GROUP: Slater & Gordon Files Class Action --------------------------------------------- Andrew Tsanadis, writing for Money Management, reports that Slater and Gordon has filed a representative proceeding against the GPT Group in the Federal Court of Australia (GPT), alleging that the company engaged in misleading and deceptive conduct. According to the law firm, the claim has been brought on behalf of investors who acquired stapled securities between February 27, 2008 and July 6, 2008. Those investors proceeded to execute litigation funding agreements with Comprehensive Legal Funding LLC as at December 7, 2008. Slater and Gordon practice group leader Ben Phi confirmed that the firm would be representing a "large number of institutional and retail investors that acquired stapled securities" during the aforementioned period, and proceedings were now underway "following a failed attempt to resolve the matter at mediation". The claim alleged that GPT engaged in misleading conduct in relation to -- and breached its continuous disclosure obligations following -- the 2008 earnings and distribution guidance that accompanied the release of its 2007 Full Year Statutory Accounts. The class action is now closed to new members, but Slater and Gordon stated that GPT investors who did not execute litigation funding agreements before December 7, 2008, can register their details on the firm's Web site. HEART CHECK: Customers Await Resolution of Class Action ------------------------------------------------------- Loni Blandford, writing for KNTV, reports that a local company could soon be held financially responsible for suddenly closing up shop and leaving its customers high and dry. Those customers signed thousand dollar contracts with a medical imaging company. "I was just sucked in there's no other way around it and so was everybody else," said Les Hugle. Sucked in Mr. Hugle says by the piece of mind that would come with knowing he was in good health. Mr. Hugle signed up with Heart Check America after visiting the company's office on Sahara near Buffalo in October 2010. Mr. Hugle and his wife financed the almost $3,500 cost for full body scans through Chase Health Advance. "There's payment records here for probably 6 months then we just paid the whole note off," said Mr. Hugle. They got their first scans and visited their doctor. Since they weren't due for another scan until October 2012, Mr. Hugle didn't think much about it until his friend mentioned something. "I think this place just closed up, we can't get them on the telephone," said Les. Closed up not only in Las Vegas, but several other states as well, after officials in Nevada and Colorado found the company was scanning people without a doctor's order which is against state law. With his bill paid in full, Mr. Hugle wondered if all that money is just gone. ""You don't want to but you kind of write it off and say oh well," said Mr. Hugle. But he wasn't alone. Attorney George West III filed a class action lawsuit on behalf of another valley customer against the company and Chase Bank. "If they financed their contract through Chase Advance Health or through Conrad Acceptance and were making payment to either of those entities they automatically fall into the definitions of the class," explained Mr. West. Mr. West says there are other class actions pending against the company in California, Illinois and Colorado. He is now working with attorneys in those states hoping a resolution will help customers like Mr. Hugle. "I'm out of work right now, money would come in very handy," said Mr. Hugle. Nevada's Attorney General says they are working with Attorneys General in other states. So far this year, the Attorney General's Office in Colorado has received 179 complaints against Heart Check America. Nevada's Attorney General office didn't have exact numbers but Action News has heard from more than 100 customers. JAMES LATHAM PETERS: Sued Over Hepatitis C Infection ---------------------------------------------------- Shelley Hadfield, writing for Herald Sun, reports that a woman has launched legal action against an anaesthetist accused of infecting patients with hepatitis C. The woman is believed to be the first person to launch civil action in the case. Slater & Gordon is preparing a class action on behalf of about 50 people against James Latham Peters in coming weeks. Last week, a woman lodged a writ in the Supreme Court against Dr. Peters, 62. She claims she had a termination at the Croydon Day Surgery in 2009 and seven months later was diagnosed with hepatitis C. The woman is also taking action against the Croydon Hospital, which trades as the Croydon Day Surgery, surgery owner Mark Schulberg and the Medical Board of Australia. The woman alleges Dr. Schulberg was responsible for supervising Dr. Peters. The Medical Board of Australia said it was yet to be served: "If this happens, the board will carefully review the claims made and decide on an appropriate course of action." Slater & Gordon principal lawyer Julie Clayton said the separate class action would be against Dr. Peters, Dr. Schulberg and the Australian Health Practitioner Regulation Agency. It is understood Dr. Schulberg will defend the actions. Dr. Peters, 62, is facing 162 charges, including 54 counts each of conduct endangering life, recklessly causing injury and negligence causing serious injury in 2008 and 2009. Charge sheets lodged with the Melbourne Magistrates' Court say: "The accused . . . recklessly engage(d) in . . . using and sharing intravenously administered anaesthetic drugs . . . knowing he was infected with the hepatitis C virus, (which) may have placed person/s in danger of death." His committal hearing will return to court in May. MF GLOBAL: Shareholders File Class Action v. Former Officers ------------------------------------------------------------ Courthouse News Service reports that a class of stockholders has filed suit over the collapse of MF Global Holdings, claiming that financial institutions and former MFG officers like Jon Corzine artificially inflated the value of MFG's common stock. The case, which was filed in U.S. District Court for the Southern District of New York, is Robert Daly Jr. v. Jon S. Corzine; Goldman, Sachs & Co.; Citigroup Global Markets; Merrill Lynch. MULTIBAND EC: Faces Class Action Over Negligent Hiring ------------------------------------------------------ Kevin Koeninger at Courthouse News Service reports that in a class action, a woman claims a DirecTV affiliate hired an installer with a criminal history who photographed and stole underwear from her and her daughter, then wrote fantasies about them and posted them on the Internet. The woman, M.B., seeks punitive damages from Multiband EC Corp. and DirecTV and Joseph McCaleb, who is in jail. She alleges trespass and conversion, negligence and intentional infliction of emotional distress, in Kenton County Court. She claims the defendants hired Mr. McCaleb as a satellite TV installer, knowing he would enter people's homes, despite his history that included domestic relations orders and criminal violations of the orders, enabling Mr. McCaleb to "enter the homes of DirecTV subscribers and steal young girl's underwear and women's lingerie." Mr. McCaleb, whose address is listed as the Ripley County, Indiana Jail, was hired by Multiband EC, a subcontractor of DirecTV, to install satellite TV in customers' residences despite having been "terminated from a job with similar duties . . . for question[able] behavior and activities while on the clock," according to the complaint. The woman claims Mr. McCaleb "would take pictures of feminine clothing and write fantasies and nickname the women whom he had visited. He also would attempt to contact the subscribers via the Internet using Facebook or text message them. "As an employee of Multiband he would have access to subscribers' names, addresses and telephone numbers. "On more than once occasion, McCaleb would burglarize subscribers' homes, including plaintiff." Suing on her own behalf and for her minor daughter, M.B. claims that "while installing the DirecTV, McCaleb stole numerous articles of the plaintiffs' clothing including bathing suits, underwear and lingerie. McCaleb told the plaintiff . . . that he had not completed the work and would need to return the next day to complete the project. "McCaleb returned . . . to complete the installation of the satellite television wiring and system. While at the residence, the defendant engaged the plaintiff's children in conversation, finding out their names and other information. Upon information and belief, McCaleb had not been issued a work order by Multiband EC to return to the (plaintiffs') residence. "During one of his two visits to the (plaintiffs') residence, McCaleb stole clothing items. It is believed he also took photographs of the undergarments in the plaintiff's daughter's bedroom on her bed. "As was customary with many of his victims, he wrote journal entries and other inappropriate writings and fantasies about the plaintiff and her daughter. McCaleb nicknamed the plaintiffs based on their clothing and physical features. It is believed McCaleb posted these writings on the Internet." The complaint states that Mr. McCaleb had a civil protection order filed against him in Greene County, Ohio with charges that "included the following, which are part of public records accessible by the public and potential employers of the defendant, including defendant Multiband: 'McCaleb sent retaliatory e-mails . . . left unsolicited gifts . . . sent e-mails that threatened violence causing the victim to relocate; [and] McCaleb intercepted the victim's credit card statements while using his computer.'" Suing as representatives of all DirecTV customers who were subjected to similar experiences, the mother and daughter say: "Multiband EC had a duty to conduct reasonable background searches and have diligent hiring practices when employing people who had access to private property and personal residences of DirecTV subscribers. "Multiband EC failed in discovering during its hiring practices that Joseph McCaleb had a prior criminal record which a reasonable employer would have discovered through a criminal background check, a fingerprint check, or a 'google' search of Joseph McCaleb's name." M.B. seeks punitive damages for negligent hiring and supervision, conversion, trespass and intentional infliction of emotional distress. A copy of the Complaint in Berling v. Multiband EC Corporation, et al., Case No. 11-CI-3070 (Ky. Cir. Ct., Kenton Cty.), is available at: http://www.courthousenews.com/2011/12/09/Underwear.pdf The Plaintiff is represented by: Steven Joseph Megerle, Esq. MEGERLE LAW 618 Washington Street Covington, KY 41011 Telephone: (859) 581-1047 E-mail: sjmegerle@megerlelaw.com OLYMPIC ATHLETIC CLUB: Lifetime Members File Class Action --------------------------------------------------------- Anne-Marije Rook, writing for Ballard News-Tribune, reports that three members of Ballard's Olympic Athletic Club filed a class action lawsuit against the club owners on Dec. 9 for refusing to honor lifetime memberships that the club sold in the 1980s. John Ruebel, Tobi Goldman, and Kevin Van Ness are asking the King County Superior Court to rule that the club must continue honoring the contracts of all lifetime members, many of whom have been with the club for 30 years. "We allege Olympic Athletic Club's refusal to honor lifetime memberships is unfair and deceptive. When our clients purchased memberships described as 'lifetime' and paid substantial compensation for those memberships, they had every right to expect the club would honor its contracts," said Toby Marshall, who represents the lifetime members in a press release. "Many lifetime members have been involved with the club since it first opened its doors, and their support has been crucial to the club's success." Lifetime members first learned of the club's decision to terminate their lifetime memberships in a letter they received at the end of November. The letter, which was signed by the club's general manager, states that Olympic Athletic Club has been sold and the new owner, as part of the purchase, did not agree to service the lifetime memberships. The lawsuit questions whether the purported sale was for the purpose of avoiding the club's obligation to honor the lifetime memberships. Olympic Athletic Club was founded in 1979 by James and Debera Riggle. According to Secretary of State records, the Riggles are officers in Sewanee, the company to be the new owner of Olympic Athletic Club. News of the club's decision did not sit well with lifetime members. When the memberships were originally sold in the 1980s, they cost as much as $5,000 each. Purchasers were told that they would be members were for life, that they would never have to pay dues, and that they could sell, will, or transfer their memberships. "I have been a loyal member of Olympic Athletic Club for 30 years. I am extremely disappointed that one of Ballard's longstanding businesses is breaking its promise to me and other lifetime members," said plaintiff John Ruebel in a press release. "You might expect something like this from a national chain, but not Ballard's local health club." Last week lifetime members of the Olympic Athletic Club in Ballard received letters from general manager Mark Durall stating that the club has been sold and their lifetime memberships will be dissolved at the end of December. The change in practice mostly affects seniors and members who have been with the club for decades and, understandably, they are upset. "We signed a legal contract for a 'lifetime' membership and now they're saying that the new owners won't honor that contract," said Kevin Seabeck who has been a member since 1986. "It's like they are saying "we don't want you in our club anymore." "This is unacceptable," added sister Mary Seabeck who signed up for the lifetime membership 32 years ago. "I was 19 at the time and used my income tax return of that year to pay for it." In 1982, the lifetime membership was offered for a one-time fee of over $2,500, according to lifetime member Shellie Hoffer. Mr. Seabeck said he's is trying to mobilize other lifetime members and threatened to sue the gym if they don't honor the contract. "This can't be legal. I'm trying to get everyone involved because there's strength in numbers," Mr. Seabeck said. Mr. Durall was unavailable for comment but an OAC employee revealed that he is working on the issue. He is personally meeting with lifetime members to discuss their options. It's not uncommon for clubs to change their membership practices once the business is sold but the question is, is it legal to revoke existing legal contracts? According to the letter, lifetime members will be offered a month- to-month membership if they bring in their original contract. "I'm very upset. I signed a contract that said I wouldn't have to pay dues," Ms. Seabeck said. It is also curious that Washington Secretary of State records show that the corporation that purchased the club, Sewanee Inc., has some of the same governing members as Olympic Racquet and Health Club Inc, which is the previous owner. Owner James Riggle, chairman of the Olympic Racquet and Health Club, is now serving as vice president of Sewanee Inc. Likewise, Debera Riggle was vice president and treasurer at Olympic Racquet and Health Club, and she now serves as secretary of Sewanee, Inc. The corporations also share the same agent. In April the owners of the OAC announced its plans to expand their facilities to include commercial lodging. The plans are to change the one-story garage into a four-story, 29 unit lodging space with 12,800 square feet of fitness space, and 2,650 square feet of retail space. Parking for 63 vehicles will be located at and below grade. Additionally, the OAC will expand on the second and third floors of the proposed building, with retail on the bottom floor and a hotel on the top floor. PACIFIC BELL: Employee Sues Over Wrongful Termination ----------------------------------------------------- Courthouse News Service reports that a longtime employee claims Pacific Bell Telephone and AT&T fired him illegally, for joining a labor class action as a plaintiff. PREFERRED POOL: Faces Antitrust Class Action in New Orleans ----------------------------------------------------------- Courthouse News Service reports that Preferred Pool claims in a federal antitrust class action filed in New Orleans that Pool Corporation and SCP Distributors conspire to monopolize the market for pool products and block new entrants to the market. PUBLISHERS: Motion to Dismiss Deadline Extended in E-Book Suit -------------------------------------------------------------- Publishers Weekly reports that it looks like 2012 is shaping up to be an interesting year for publishers and the agency model. With multiple class action lawsuits filed this summer against publishers over the 2010 switch to the agency model (some also including Amazon and Barnes & Noble), the matter has been referred to the U.S. Judicial Panel on Multidistrict Litigation (MDL Panel) to coordinate and consolidate the cases, either in New York or Northern California. According to Barnes & Noble's quarterly filing with the U.S. Securities and Exchange Commission, the MDL Panel met on December 1, 2011, and the deadline for filing motions to dismiss has been extended until after the complaints have been consolidated, and an amended complaint is filed in the case's new jurisdiction. Within weeks this summer, three suits, were filed in Manhattan, and two suits were filed in California, including the original suit, filed August 9, by firm Hagens Berman. The suits all allege that the simultaneous introduction of the agency model by the major publishers reflects an illegal conspiracy to "artificially inflate" e-book prices, and to effectively end "retailer discretion" for e-book pricing. According to the filings, the price fixing conspiracy occurred as Apple negotiated terms with publishers in anticipation of the 2010 iPad release. On January 27, 2010, when asked by reporters how Apple's e-bookstore would compete with Amazon's $9.99 price, Apple's Steve Jobs responded that the prices "would be the same." That public pronouncement, one suit alleges, "was a signal to Publisher Defendants that each of them had agreed to join the conspiracy." The following day, January 28, Macmillan CEO John Sargent told Amazon of its switch to the agency model. "This would have been irrational if Macmillan had not expected its primary competitors to follow suit," one lawsuit notes. "Acting alone, no individual publisher would be able to sustain the supra- competitive prices." Meanwhile, the U.S. Department of Justice Department last week confirmed that it was following suit with the European Union, confirming that it too was looking into e-book pricing. In a statement to the public, Sharis Pozen said the Justic Department is "investigating the electronic book industry, along with the European Commission and the states' attorneys general." ROY O. MARTIN: Toxic Chemical Suit Can't Proceed as Class Action ---------------------------------------------------------------- Town Talk reports that the Louisiana Supreme Court last week ruled that plaintiffs in a 2003 lawsuit against Roy O. Martin Cos. LLC and another company don't meet some of the legal requirements to sue as a class in their pursuit of damages from the operations at Durawood Treatment Co. in Alexandria. In 2010, plaintiffs in Roger E. Price v. Roy O. Martin were granted the legal status to pursue a class-action lawsuit against Martin Cos. and Beezer East Inc. by 9th District Judge Harry Randow. Residents who lived within 1�-mile radius of the plant joined the suit, which claimed they were harmed by toxic chemicals used at Durawood. Those who filed the suit claimed there were more than 3,000 others who wished to join the lawsuit. Class status is sought in cases where the number of plaintiffs is so great it would make individual court claims too cumbersome. Plaintiffs must meet five requirements, including a common claim against the defendants. "With regard to this consideration, we find that the claims (in the Price suit) are so highly individualized that class certification likely will be unfair to members who have claims stronger" than others in the lawsuit, Supreme Court Justice John L. Weimer wrote in the 23-page opinion. Justice Weimer wrote that 500 members of the class have filed individual claims against Martin Cos. and Beezer. "The difficulties likely to be encountered in the management of a class action such as that proposed by plaintiffs do not warrant a finding that the class is a superior method for fair and efficient adjudication of this controversy," Justice Weimer wrote. The court sent the case back to Judge Randow's court. The Price lawsuit makes the same claims as one heard in 9th District Court this past summer. Maxine Gaston sued operators of the plant, on Willow Glen River Road in Alexandria, alleging the multiple myeloma she suffers from was a result of living near the plant for decades. A jury found Martin Cos. and Beezer East were not responsible for Ms. Gaston's bone cancer. Martin Cos. owned Durawood from 1970 until 2000. There are hundreds of current and former Alexandria residents listed as plaintiffs in the lawsuit through which Ms. Gaston sued. SONY COMPUTER: Remaining Claim in PS3 Class Action Dismissed ------------------------------------------------------------ Nick McCann at Courthouse News Service reports that a federal judge has dismissed the remaining claim by a class who said Sony reneged on its promise to let PlayStation 3 video game consoles function as computers. Sony said the console was designed so users could "play games, watch movies, view videos, listen to music and run a full-featured Linux operating system that transforms your PS3 into a home computer," according to the class complaint filed in April 2010. Lead plaintiff Anthony Ventura says he bought a Playstation 3 instead of the Microsoft Xbox 360 or Nintendo Wii because Sony's system offered this Linux feature, even though "the PS3 was substantially more expensive." In March 2010, Sony announced on its Web site that its latest software update for the PS3 would no longer support Linux. PS3 owners who wanted to sign onto the PS3 Network to play games online or use their PS3 to play Blu-ray discs would have to download the software update, the class claimed. But the update would disable their Linux capability, forcing them to choose between using Linux or the PS3's other features. To the frustration of many PS3 owners, the class said Sony disabled PS3's much-hyped OtherOS operating system installer after a hacker "jailbroke" a PS3. The "jailbreak" prodded Sony to swiftly release a software update disabling OtherOS and frustrating PS3 owners, the complaint said. In February, U.S. District Judge Richard Seeborg dismissed most of the class claims with leave to amend, finding the plaintiffs failed to state a claim. "While it cannot be concluded as a matter of law at this juncture that Sony could, without legal consequence, force its customers to choose either to forego installing the software update or to lose access to the other OS feature, the present allegations of the complaint largely fail to state a claim," Judge Seeborg wrote in February. "Accordingly, with the exception of one count, the motion to dismiss will be granted, with leave to amend." Judge Seeborg granted Sony's motion to dismiss the remaining claim on Dec. 8 under the Computer Fraud and Abuse Act. Judge Seeborg found the plaintiffs could not prove that they had a right to expect the OS feature beyond Sony's warranty period or continued access to the Playstation Network (PSN). "The dismay and frustration at least some PS3 owners likely experienced when Sony made the decision to limit access to the PSN service to those who were willing to disable the Other OS feature on their machines was no doubt genuine and understandable. As a matter of providing customer satisfaction and building loyalty, it may have been questionable," Judge Seeborg wrote. "As a legal matter, however, plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable," he continued. A copy of the Order Granting Motion to Dismiss, Without Leave to Amend, and Denying Motion to Strike as Moot in In Re: Sony PS3 Other OS Litigation, Case No. 10-cv-01811 (N.D. Calif.), is available at: http://www.courthousenews.com/2011/12/09/PS3.pdf STATE OF WASHINGTON: Faces Class Action Over Medicaid Cuts ---------------------------------------------------------- Courthouse News Service reports that a federal class action claims Washington state violated federal law by making severe cuts to personal care services for disabled children, set to kick in Dec. 15. A copy of the Complaint in D.B., et al. v. Susan Dreyfus, et al., Case No. 11-cv-02017 (W.D. Wash.), is available at: http://www.courthousenews.com/2011/12/09/Medicaid.pdf The Plaintiffs are represented by: Amy L. Crewdson, Esq. Gregory D. Provenzano, Esq. COLUMBIA LEGAL SERVICES 711 Capitol Way S., Suite 304 Olympia, WA 98501 Telephone: (360) 943-6260 WAL-MART: New Discrimination Class Actions May Fail --------------------------------------------------- Amy Wolf, writing for Vanderbilt News, reports that in a second legal step after the U.S. Supreme Court turned down a national class action discrimination lawsuit filed against Wal-Mart on behalf of more than a million female employees, a series of statewide class action lawsuits are being launched. But Vanderbilt Law School professor Brian Fitzpatrick believes these new lawsuits will fail for the same reasons the nationwide suit did. "The women in each of the new suits do not have anything in common with one another," said Mr. Fitzpatrick. "Because Wal-Mart delegated decision-making to local store managers, the litigation will have to go forward on a store-by-store basis in order to satisfy the Supreme Court's commonality test." So far, women representing current and former female Wal-Mart employees have filed two new smaller lawsuits claiming sex discrimination in pay, one in California and another in Texas. Rather than bringing together all of Wal-Mart's female employees, the suits bring together all of Wal-Mart's female employees in a particular region. This past June, the Supreme Court held that the lawsuit could not be maintained as a class action. The Court said the claims by the 1.5 million women did not have anything in common since Wal-Mart delegated discretion hiring and promotion decision-making to local store managers, thus, the Court held, there was nothing binding all of the women's claims together. In these cases, the employment decisions were made in the discretion of thousands of local store managers. "In these cases, the employment decisions were made in the discretion of thousands of local store managers. Normally, that sort of individualization defeats commonality, but, the plaintiffs allege that not having a centralized employment practice was a company policy common to all the women's cases-that is, that Wal-Mart essentially had a policy not to have a policy," said Mr. Fitzpatrick. These cases involve what may be the largest employment discrimination case in American history, where hundreds of thousands-if not millions-of women have sued Wal-Mart for gender discrimination. "If the Court ruled on the side of the plaintiffs, the potential damages in the case may be in the billions of dollars, which places the case in rarefied company," said Mr. Fitzpatrick. "In my empirical study of all class action settlements in federal court from 2006-2007, there were only eight settlements for a billion dollars or more." ********* 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. Leah Felisilda, Noemi Irene A. Adala, Joy A. Agravante, Julie Anne Lopez, Christopher Patalinghug, Frauline Abangan and Peter A. Chapman, Editors. Copyright 2011. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 240/629-3300. * * * End of Transmission * * *