/raid1/www/Hosts/bankrupt/CAR_Public/120810.mbx
C L A S S A C T I O N R E P O R T E R
Friday, August 10, 2012, Vol. 14, No. 158
Headlines
AETNA INC: Aetna UCR Litigation Remains Pending in N.J. Court
ALLSTATE LIFE: Sued Over Undisclosed Deferred Annuity Charges
AMERICAN INT'L: Accused of Subrogating Payments From Wrongdoers
BOARDWALK PIPELINE: Unit Sued in Alabama Over Mercaptan Release
COSTCO: Judge Inclined to Certify Retail Managers' Class Action
DAIRYAMERICA INC: 9th Circuit Revives Farmers' Milk Price Suit
DBSI INC: DeWaay Settles Investor Class Action for $3 Million
DELPHI AUTOMOTIVE: Dismissed From Wire Harness Antitrust Suit
DENDREON CORP: Awaits Ruling on Bid to Dismiss Securities Suit
DIGITALGLOBE INC: Faces GeoEye Merger-Related Suit in Virginia
EAST RAMAPO, NY: Parents Sue District and Education Board
EATON CORP: Faces Shareholder Class Action in Cleveland
EBAY INC: Loses Bid to Dismiss Mobile User Fee Class Action
FACEBOOK INC: Defends Numerous Suits by Users and Advertisers
FACEBOOK INC: Class Suits Over Initial Public Offering Pending
L & L ENERGY: Continues to Defend Securities Suit in Washington
LITEHOUSE INC: Faces Suit Over Immunity Boost Claims in Product
LOUISIANA-PACIFIC CORP: MDL Panel Denied Bid to Transfer Suits
MASCO CORP: "Von Der Werth" Class Suit Remains Stayed in Georgia
MASCO CORP: Awaits Approval of $75MM Antitrust Suit Settlement
MIDWEST GENERATION: Illinois Class Suit Dismissal Bids Pending
MIDWEST GENERATION: Hurricane Katrina-Related Suit Appeal Pending
MY CLOTHES: Recalls 1,100 Children's Nightgowns and Pajama Sets
NISSAN NORTH: 9th Cir. Tosses Class Action Over E-Key System
OPTOTRAFFIC: Faces Class Action Over Photo Enforcement Program
PEREGRINE FINANCIAL: Officers Sued Over Missing Customer's Funds
QEP RESOURCES: Continues to Defend "Chieftain" Suit in Oklahoma
SHAWNEE COUNTY, KS: Former Treasurer Mulls Class Action
SP AUSNET: Black Saturday Fire Victims to Launch Class Action
TAKEDA PHARMA: Faces Actos Suit in Quebec; MDL in U.S. Pending
TRW AUTOMOTIVE: Faces Antitrust Class Action Suits in Michigan
U.S. STEEL: Still Defends Antitrust Class Action Suits in Ill.
VECTOR GROUP: Dec. 18 Judgment Bid Hearing in "Brown" Suit Set
VECTOR GROUP: "Parsons" Suit vs. Liggett Remains Stayed in W.V.
VECTOR GROUP: Plaintiffs Appeal Dismissal of "Smith" Class Suit
VECTOR GROUP: "Young" Suit vs. Unit Remains Stayed in Louisiana
VERISK ANALYTICS: Citizens' Suit No Longer Assert Class Claims
VERISK ANALYTICS: Unit Defends Suit Over Employment Records
ZEN MAGNETS: Sued Over Hazardous, High-Powered Magnetic Balls
ZYNGA INC: Accused of Making False and Misleading Statements
ZYNGA INC: Failed to Disclose Necessary Information, Suit Says
ZYNGA INC: Misleads Shareholders, California Class Suit Says
Asbestos Litigation
ASBESTOS UPDATE: MeadWestvaco Corp. Had 472 Suits at June 30
ASBESTOS UPDATE: Quaker Chemical Continues to Defend Claims
ASBESTOS UPDATE: PPG Reported $642MM Current Liability at June 30
ASBESTOS UPDATE: Flowserve Corp. Still Defends PI Claims
ASBESTOS UPDATE: TriMas Corp. Had 1,089 Pending Cases at June 30
ASBESTOS UPDATE: Foster Wheeler Still Defends U.S. & U.K. Claims
ASBESTOS UPDATE: Midwest Generation Had 218 Cases at June 30
ASBESTOS UPDATE: U.S. Steel Had 735 Active Cases at June 30
ASBESTOS UPDATE: TRW Automotive Units Continue to Defend Claims
ASBESTOS UPDATE: Ashland Inc. Had 69 Open Claims at June 30
ASBESTOS UPDATE: Ashland Unit Had 21 Open Claims at June 30
ASBESTOS UPDATE: Hundreds of Fibro Exposure Claims Eyed at Nassau
ASBESTOS UPDATE: Parties Await Resolution for Bechtel Fibro Issue
ASBESTOS UPDATE: No Fibro Emission at Hill and Plain School Blaze
ASBESTOS UPDATE: Frankfort Buildings Fibro-Free During Blaze
ASBESTOS UPDATE: Zurn Industries, 52 Others Face Lawsuit
ASBESTOS UPDATE: Yarway Corp., 53 Others Face Lawsuit
ASBESTOS UPDATE: Meso Victim Seeks Help From Peers at Musselwhite
ASBESTOS UPDATE: UNSW Researchers Develop New Meso-Detector
ASBESTOS UPDATE: Authorities Arrest Notorious NJ Contractor
ASBESTOS UPDATE: ETU Considers Taking Bechtel Dispute to Court
ASBESTOS UPDATE: Ex-Supervisor Commits Bribery, Violates EPA, HUD
ASBESTOS UPDATE: Suspected Fibro Shuts Down Former Youth Centre
ASBESTOS UPDATE: Fibro Shuts Sneaker World, Theater in Liberty
ASBESTOS UPDATE: Asbestos Valued Throughout World History
ASBESTOS UPDATE: OSHA Investigates Best-Tec Worker's Death
ASBESTOS UPDATE: Effects of Naturally Occurring Asbestos Addressed
ASBESTOS UPDATE: Meso Kills 13.8 Per Million Per Year In 26 States
ASBESTOS UPDATE: Author Turns Down France's "Legion d'Honneur"
ASBESTOS UPDATE: Remediated Northampton Courthouse Library Reopens
ASBESTOS UPDATE: Mesothelioma Kills 49 Year Old Worker
ASBESTOS UPDATE: Study Showed NOA In Clear Creek Soil Is Minimal
ASBESTOS UPDATE: Bechtel Switch Rooms Supplier Plans Legal Action
ASBESTOS UPDATE: Fly-Tipper Dumps Toxic Fibro In Cramlington
ASBESTOS UPDATE: Former Postal Worker Plea for Colleagues' Help
ASBESTOS UPDATE: Floor Contaminants Closes Portsmouth PD Lobby
ASBESTOS UPDATE: US Consumption of Asbestos Fiber Increases 13%
ASBESTOS UPDATE: Fibro Dumped at Wollongong Councilor's Driveway
ASBESTOS UPDATE: D&D Offers Legal Options for ARD Victims
ASBESTOS UPDATE: Cleanup of Tornado Razed Homes in Joplin Underway
ASBESTOS UPDATE: EC2 Warns of Popcorn Ceilings Containing Fibro
ASBESTOS UPDATE: Cleaned-Up Catonsville Library Basement Reopens
ASBESTOS UPDATE: Mike Holmes Urges Proper Protection for DIYers
ASBESTOS UPDATE: Tests Underway for 9 Schools Conned by Contractor
ASBESTOS UPDATE: 3 Month Old Report On Illegal Dump Still Unheeded
ASBESTOS UPDATE: Mesothelioma Kills Former Thorneycrofts Worker
ASBESTOS UPDATE: Cleanup Issues Halt Razing of Canandaigua Bldg
*********
AETNA INC: Aetna UCR Litigation Remains Pending in N.J. Court
-------------------------------------------------------------
Aetna Inc. is named as a defendant in several purported class
actions and individual lawsuits arising out of its practices
related to the payment of claims for services rendered to its
members by health care providers with whom the Company does not
have a contract ("out-of-network providers"). Among other things,
these lawsuits allege that the Company paid too little to its
health plan members and/or providers for these services, among
other reasons, because of its use of data provided by Ingenix,
Inc., a subsidiary of one of the Company's competitors
("Ingenix"). Other major health insurers are the subject of
similar litigation or have settled similar litigation.
Various plaintiffs who are health care providers or medical
associations seek to represent nationwide classes of out-of-
network providers who provided services to the Company's members
during the period from 2001 to the present. Various plaintiffs
who are members in the Company's health plans seek to represent
nationwide classes of its members who received services from out-
of-network providers during the period from 2001 to the present.
Taken together, these lawsuits allege that the Company violated
state law, the Employee Retirement Income Security Act of 1974, as
amended ("ERISA"), the Racketeer Influenced and Corrupt
Organizations Act and federal antitrust laws, either acting alone
or in concert with the Company's competitors. The purported
classes seek reimbursement of all unpaid benefits, recalculation
and repayment of deductible and coinsurance amounts, unspecified
damages and treble damages, statutory penalties, injunctive and
declaratory relief, plus interest, costs and attorneys' fees, and
seek to disqualify the Company from acting as a fiduciary of any
benefit plan that is subject to ERISA. Individual lawsuits that
generally contain similar allegations and seek similar relief have
been brought by health plan members and out-of-network providers.
The first class action case was commenced on July 30, 2007. The
federal Judicial Panel on Multi-District Litigation (the "MDL
Panel") has consolidated these class action cases in the U.S.
District Court for the District of New Jersey (the "New Jersey
District Court") under the caption In re: Aetna UCR Litigation,
MDL No. 2020 ("MDL 2020"). In addition, the MDL Panel has
transferred the individual lawsuits to MDL 2020. On May 9, 2011,
the New Jersey District Court dismissed the physician plaintiffs
from MDL 2020 without prejudice. The New Jersey District Court's
action followed a ruling by the United States District Court for
the Southern District of Florida (the "Florida District Court")
that the physician plaintiffs were enjoined from participating in
MDL 2020 due to a prior settlement and release. The United States
Court of Appeals for the Eleventh Circuit has dismissed the
physician plaintiffs' appeal of the Florida District Court's
ruling.
Discovery is substantially complete in MDL 2020, several motions
are pending, and briefing on class certification has been
completed. The court has not set a trial date or a timetable for
deciding class certification. The Company says it intends to
vigorously defend itself against the claims brought in these
cases.
No further updates were reported in the Company's July 31, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
ALLSTATE LIFE: Sued Over Undisclosed Deferred Annuity Charges
-------------------------------------------------------------
Courthouse News Service reports that Allstate Life Insurance
targets the elderly by selling them deferred annuity products
without properly disclosing surrender charges, a family claims in
a federal class action.
A copy of the Complaint in Von Merta, et al. v. Allstate Life
Insurance Company, Case No. 12-cv-04125 (N.D. Calif.), is
available at:
http://www.courthousenews.com/2012/08/07/Allstate.pdf
The Plaintiff is represented by:
Ingrid M. Evans, Esq.
THE EVANS LAW FIRM
3053 Fillmore Street, #236
San Francisco, CA 94123
Telephone: (415) 441-8669
E-mail: ingrid@evanslaw.com
- and -
Michael Arias, Esq.
Alfredo Torrijos, Esq.
Christopher D. Dipietro, Esq.
ARIAS OZZELLO & GIGNAC, LLP
6701 Center Drive West, 14th Floor
Los Angeles, CA 90045
Telephone: (310) 670-1600
E-mail: marias@aogllp.com
atorrijos@aogllp.com
cdipietro@aogllp.com
AMERICAN INT'L: Accused of Subrogating Payments From Wrongdoers
---------------------------------------------------------------
Nusyn Erlich, a/k/a Nathan Erlich, and Chaya Erlich, Individually
and on behalf of all others similarly situated v. American
International Group, Inc., and New Hampshire Insurance Co., Case
No. 652672/2012 (N.Y. Sup. Ct., August 1, 2012) alleges that the
Defendants have established and currently maintain a general
business practice and policy of subrogating and retaining payments
from third-party wrongdoers prior to making their insureds whole.
Under New York law, when an insurer invokes its rights to step
into the shoes of insureds to obtain payments from third-party
wrongdoers, insurer may seek subrogation against only those funds
and assets that remain after the insured has been compensated, the
Plaintiffs contend. However, they allege, when the Defendants
receive third-party payments for insurance policy coverage
containing general liability, personal injury, medical, and
property damages, the Defendants do not make their Insureds,
including the Plaintiffs, whole prior to subrogating the remaining
funds, and instead, the Defendants retain all third-party payments
and force the Insureds to pursue time consuming and costly
remedies to enforce their rights.
The Plaintiffs are married and are residents of Brooklyn, New
York. The Plaintiffs contracted with the Defendants for building,
personal property and additional living expense insurance. The
Plaintiffs' property suffered damage due to a fire and they
received a settlement or damage award from the Defendants, which
was conditioned upon Plaintiffs executing an agreement
("Subrogation Receipt") and granting certain rights to the
Defendants to collect from the third-party tortfeasor.
AIG is an insurance holding company organized under the laws of
Delaware. AIG is the parent company of NHIC, as well as various
other insurance companies and providers. NHIC is an insurance
company organized under the laws of Delaware. The Defendants are
based in New York.
The Plaintiffs are represented by:
Adam J. Gana, Esq.
Christopher L. Lufrano, Esq.
NAPOLI BERN RIPKA SHKOLNIK, LLP
350 Fifth Avenue, Suite 7413
New York, NY 10118
Telephone: (212) 267-3700
E-mail: Agana@NapoliBern.com
CLufrano@NapoliBern.com
- and -
Brian G. Maloney, Esq.
Hon. Michael R. Ambrecht, Esq.
AMBRECHT & MALONEY, PLLC
245 Park Avenue, Suite 2405
New York, NY 10167
Telephone: (212) 428-2512
BOARDWALK PIPELINE: Unit Sued in Alabama Over Mercaptan Release
---------------------------------------------------------------
Gulf South Pipeline Company, LP, a subsidiary of Boardwalk
Pipeline Partners, LP is facing a class action lawsuit related to
an alleged release of mercaptan at the Whistler Junction
facilities in Eight Mile, Alabama, according to the Company's July
31, 2012, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended June 30, 2012.
Gulf South and several other defendants, including Mobile Gas
Service Corporation (MGSC), have been named as defendants in five
lawsuits, including one purported class action lawsuit, commenced
by multiple plaintiffs in the Circuit Court of Mobile County,
Alabama. The plaintiffs seek unspecified damages for personal
injury and property damage related to an alleged release of
mercaptan at the Whistler Junction facilities in Eight Mile,
Alabama. Gulf South delivers natural gas to MGSC, the local
distribution company for that region, at Whistler Junction where
MGSC odorizes the gas prior to delivery to end user customers by
injecting mercaptan into the gas stream, as required by federal
law. The cases are: Parker, et al. v. Mobile Gas Service Corp, et
al. (Case No. CV-12-900711), Crum, et al. v. Mobile Gas Service
Corp, et al. (Case No. CV-12-901057), Austin, et al. v. Mobile Gas
Service Corp, et al. (Case No. CV-12-901133), Moore, et al. v.
Mobile Gas Service Corp, et al. (Case No. CV-12-901471), and
Davis, et al. v. Mobile Gas Service Corp, et al. (Case No. CV-12-
901490). In cases where Gulf South has filed an answer, it has
denied liability. Gulf South has demanded that MGSC indemnify
Gulf South against all liability related to these matters pursuant
to a right-of-way agreement between Gulf South and MGSC, and has
filed a cross-claim against MGSC for any such liability. MGSC has
filed a cross-claim against Gulf South.
The Company says the outcome of these cases cannot be predicted at
this time; however, based on the facts and circumstances presently
known, in the opinion of management, these cases will not be
material to Gulf South's financial condition, results of
operations or cash flows.
COSTCO: Judge Inclined to Certify Retail Managers' Class Action
---------------------------------------------------------------
Cynthia Foster, writing for The Recorder, reports that a federal
judge seemed inclined on July 31 to certify a class of female
retail managers suing Costco on claims of gender discrimination,
despite defense arguments that plaintiffs fail a commonality test
prescribed by the U.S. Supreme Court in Wal-Mart Stores v. Dukes.
DAIRYAMERICA INC: 9th Circuit Revives Farmers' Milk Price Suit
--------------------------------------------------------------
Annie Youderian at Courthouse News Service reports that the United
States Court of Appeals for the Ninth Circuit on Aug. 7 revived a
class action accusing dairy cooperatives of manipulating the price
of raw milk, causing $50 million in losses.
The federal appeals court in San Francisco said farmers are not
barred from suing DairyAmerica and California Dairies under the
"filed rate doctrine," which aims to stabilize markets by blocking
lawsuits based on government-regulated minimum prices.
Farmers claimed the dairy cooperatives incorrectly reported what
they paid for non-fat dry milk in their weekly reports to the
government, causing raw milk prices to be understated by $50
million from 2006 to 2007.
Raw milk prices are typically set using dairy prices collected by
the National Agricultural Statistics Service (NASS), a division of
the U.S. Department of Agriculture. NASS uses that information
for its Federal Milk Marketing Orders, or FMMOs, which require
milk processors to pay minimum milk prices and adhere to other
regulations.
In their weekly reports to NASS, DairyAmerica and California
Dairies allegedly reported forward-priced sales, in which the sale
price was set 30 days or more before the transaction was complete.
Farmers said the inclusion of those sales was clearly prohibited
by NASS and contaminated the data, driving down raw milk prices.
The U.S. Department of Agriculture acknowledged that the raw milk
rates were incorrect and rejected them, but lacked the authority
to sanction DairyAmerica at the time.
A federal judge dismissed the lawsuit in 2010 based on the filed
rate doctrine, but the 9th Circuit partially reversed and
reinstated the farmers' claims.
The court agreed with the judge's conclusion that the doctrine
applies to agency-set minimum prices for raw milk. However, the
9th Circuit said the doctrine does not bar the farmers in this
case from proceeding with their state-law claims.
"Our holding will not permit a flood of litigation such that the
filed rate doctrine will be circumvented every time a milk
producer has a quibble with FMMO prices," wrote U.S. District
Judge George Wu, who participated in the panel ruling.
"To the contrary, this case presents a narrow exception to the
general rule that the filed rate doctrine not only applies but
functions so as to bar FMMO price-related claims."
A copy of the Opinion in Carlin, et al. v. DairyAmerica, Inc., et
al., No. 10-16448 (9th Cir.), is available at http://is.gd/2rgwqe
The Plaintiffs-Appellants were represented by:
Benjamin D. Brown, Esq.
Daniel A. Small, Esq.
Victoria S. Nugent, Esq.
George F. Farah, Esq.
Brent W. Johnson, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave NW, Suite 500 West
Washington, DC 20005
Telephone: (202) 408-4600
E-mail: bbrown@cohenmilstein.com
dsmall@cohenmilstein.com
vnugent@cohenmilstein.com
gfarah@cohenmilstein.com
bjohnson@cohenmilstein.com
- and -
Joseph J. Tabacco, Jr., Esq.
Christopher T. Heffelfinger, Esq.
Anthony D. Phillips, Esq.
BERMAN DEVALERIO
One California Street, Suite 900
San Francisco, CA 94111
Telephone: (415) 433-3200
E-mail: jtabacco@bermandevalerio.com
cheffelfinger@bermandevalerio.com
aphillips@bermandevalerio.com
- and -
Ron Kilgard, Esq.
KELLER ROHRBACK P.L.C.
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012-2600
Telephone: (602) 230-6324
E-mail: rkilgard@kellerrohrback.com
- and -
Jon A. Tostrud, Esq.
CASE LOMBARDI AND PETTIT
737 Bishop Street, Suite 2600
Honolulu, HI 96813-3283
Telephone: (808) 547-5400
- and -
Lynn L. Sarko, Esq.
Mark A. Griffin, Esq.
Juli E. Farris, Esq.
KELLER ROHRBACK P.L.C.
Seattle, Washington
1201 3rd Avenue, Suite 3200
Seattle, WA 98101-3052
Telephone: (206) 623-1900
E-mail: lsarko@kellerrohrback.com
mgriffin@kellerrohrback.com
jfarris@kellerrohrback.com
- and -
J. Barton Goplerud, Esq.
HUDSON, MALLANEY, SHINDLER AND ANDERSON, PC
5015 Grand Ridge Drive, Suite 100
West Des Moines, IA 50265
Telephone: 515-223-4567
Defendant-Appellee California Dairies, Inc. is represented by:
Allison A. Davis, Esq.
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
Telephone: (415) 276-6580
E-mail: allisondavis@dwt.com
- and -
Charles M. English, Esq.
Wendy M. Yoviene, Esq.
E. John Steren, Esq.
OBER, KALER, GRIMES & SHRIVER
1401 H Street, NW, Suite 500
Washington, DC 20005
Telephone: (202) 408-8400
E-mail: ejsteren@ober.com
wyoviene@ober.com
- and -
John J. Vlahos, Esq.
Lawrence M. Cirelli, Esq.
S. Anne Johnson, Esq.
HANSON BRIDGETT LLP
425 Market Street, 26th Floor
San Francisco, CA 94105
Telephone: (415) 777-3200
E-mail: jvlahos@hansonbridgett.com
lcirelli@hansonbridgett.com
DBSI INC: DeWaay Settles Investor Class Action for $3 Million
-------------------------------------------------------------
Lynn Hicks, writing for Des Moines Register, reports that Don
DeWaay hopes to rebuild his tattered financial empire by settling
class-action lawsuits for $3 million.
Lawyers for Mr. DeWaay, a West Des Moines financial adviser, and
investors in the lawsuits filed a settlement agreement last week,
which must be approved by a judge in Decatur County. The class
involves "hundreds if not thousands" of investors, said lawyer
Barton Goplerud, one of the plaintiffs' lawyers.
But the legal saga is far from over: Lawyers representing other
investors plan to object to the settlement. They say the class-
action lawsuits denied their clients, many of whom lost all of
their investments, a chance to recoup as much of their losses as
possible.
Investors lost about $250 million, said Gail Boliver, a
Marshalltown lawyer who wants to intervene to object to the
settlement.
Among those investments were ones linked to DBSI Inc., a Delaware
company that packaged real estate and oil-and-gas development
deals. Investors claim that brokers recommended unsuitable
investments to Mr. DeWaay's customers and failed to make sure
certain investments were legitimate. Mr. DeWaay has denied those
claims.
Steve Wandro, one of Mr. DeWaay's lawyers, said the settlement
reflects his client's damaged finances.
"His goal is to pick up the pieces and move forward," Mr. Wandro
said.
Upcoming in the case: A court-appointed accountant is expected to
report on Mr. DeWaay's financial condition, including the value of
his company's 106,000-square-foot Clive campus.
DELPHI AUTOMOTIVE: Dismissed From Wire Harness Antitrust Suit
-------------------------------------------------------------
Delphi Automotive PLC said in its July 31, 2012, Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarter
ended June 30, 2012, that in June 2012, it was dismissed, without
prejudice, from the consolidated antitrust class action lawsuit
brought against wire harness manufacturers.
A number of class action complaints have been filed in various
U.S. federal district courts alleging that several wire harness
manufacturers, including Delphi, have violated U.S. antitrust
laws. These complaints allege that direct and indirect purchasers
overpaid for their vehicles as a result of the alleged conduct of
the wire harness manufacturers. In February 2012, these
complaints were consolidated and transferred to the federal
district court in the Eastern District of Michigan. In June 2012,
Delphi was dismissed, without prejudice, from these actions.
DENDREON CORP: Awaits Ruling on Bid to Dismiss Securities Suit
--------------------------------------------------------------
Dendreon Corporation is awaiting a court decision on its motion to
dismiss a consolidated securities class action lawsuit pending in
Washington, according to the Company's July 31, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended June 30, 2012.
The Company and three current and former officers are named
defendants in a consolidated putative securities class action
proceeding filed in August 2011 with the United States District
Court for the Western District of Washington (the "District
Court") under the caption In re Dendreon Corporation Class Action
Litigation, Master Docket No. C 11-1291 JLR. Lead Plaintiff, San
Mateo County Employees Retirement Association purports to state
claims for violations of federal securities laws on behalf of a
class of persons who purchased the Company's common stock between
April 29, 2010, and August 3, 2011. A consolidated amended
complaint was filed on February 24, 2012. In general, the
complaints allege that the defendants issued materially false or
misleading statements concerning the Company, its finances,
business operations and prospects with a focus on the market
launch of PROVENGE and related forecasts concerning physician
adoption, and revenue from sales of PROVENGE as reflected in the
Company's August 3, 2011 release of its financial results for the
quarter ended June 30, 2011. The Company and other defendants
filed a motion to dismiss the consolidated amended complaint on
April 27, 2012, and that motion is fully briefed and awaiting
further action by the Court.
The Company says it cannot predict the outcome of that motion or
of these lawsuits; however, the Company believes the claims lack
merit and intends to defend the claims vigorously.
Dendreon Corporation -- http://www.dendreon.com/-- is a
biotechnology company that engages in the discovery, development,
and commercialization of novel therapeutics to enhance cancer
treatment options for patients. The Company's product portfolio
includes active cellular immunotherapy and small molecule product
candidates to treat a range of cancers. The Company offers
PROVENGE (sipuleucel-T), an autologous cellular immunotherapy for
the treatment of asymptomatic or minimally symptomatic,
metastatic, castrate-resistant (hormone-refractory), and prostate
cancer. The Company was founded in 1992 and is headquartered in
Seattle, Washington.
DIGITALGLOBE INC: Faces GeoEye Merger-Related Suit in Virginia
--------------------------------------------------------------
DigitalGlobe, Inc. is facing a class action lawsuit in Virginia
arising from its proposed merger with GeoEye, Inc., according to
the Company's July 31, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2012.
On July 22, 2012, DigitalGlobe entered into an Agreement and Plan
of Merger (the "Merger Agreement") with GeoEye, Inc. ("GeoEye"),
20/20 Acquisition Sub, Inc., a Delaware corporation and a wholly
owned subsidiary of DigitalGlobe, and WorldView, LLC, a Delaware
limited liability company and a wholly owned subsidiary of
DigitalGlobe, in a stock and cash transaction valued at
approximately $900 million near the date of the agreement, and
including the refinancing of GeoEye's long-term debt.
On July 26, 2012, a putative class action lawsuit captioned Behnke
v. GeoEye, Inc. et al, case number 1:2012cv00826, was filed in the
United States District Court Eastern District of Virginia. The
complaint names as defendants DigitalGlobe and certain of the
Company's subsidiaries (collectively, the "DigitalGlobe
Defendants"), as well as GeoEye and members of its board of
directors. The complaint seeks injunctive relief, including to
enjoin the merger, and other relief. DigitalGlobe believes that
the claims asserted in these actions are without merit and intends
to vigorously defend these matters.
EAST RAMAPO, NY: Parents Sue District and Education Board
---------------------------------------------------------
Mareesa Nicosia, writing for LoHud.com, reports that a class-
action lawsuit brought on by a bevy of parents claims East Ramapo
school district's top officials and Board of Education members
past and present have repeatedly schemed to "siphon off public
money to support private religious institutions."
Among other claims, the group alleges the district has segregated
students in special-education programs based on their race, at
taxpayers' expense, according to a draft version of the lawsuit
provided to The Journal News/Lohud.com by the public-interest law
firm Advocates for Justice.
The 60-plus-page document, expected to be filed in federal court
on Aug. 7, is the latest legal blow to the struggling district as
a conflict intensifies between parents of public-school students
and the Orthodox and Hasidic school-board majority that makes
decisions on behalf of those students.
Advocates for Justice and the organization's attorney, Arthur
Schwartz, are already backing a smaller group of parents in a
similar petition calling for the state education commissioner to
remove the five-member board majority.
The latest lawsuit -- backed by nearly 200 parents, according to
Mr. Schwartz -- names as defendants East Ramapo schools
Superintendent Joel Klein, Assistant Superintendent for the Office
of Special Student Services and Funded Programs Elie Wizman, the
district's attorney, Albert D'Agostino, and five current board
members who are part of the Orthodox and Hasidic majority.
Also named are former board members Morris Kohn, Nathan
Rothschild, Richard Stone and Aron Wieder, who is a Rockland
County legislator from Spring Valley.
Spanning school board decisions made since 2008, the lawsuit
details incidents where "unconstitutional gift(s) of public funds"
were allegedly made to private schools.
Plaintiffs point to purchases of non-secular textbooks for private
schools, spending of federal aid and controversial real-estate
deals, which are now being investigated by the state attorney
general's office.
The suit also alleges the school district habitually violated its
own policies and enacted budget cuts in an "arbitrary" manner --
cuts that have deprived public school students of a "sound basic
education" they are entitled to, according to the draft document.
EATON CORP: Faces Shareholder Class Action in Cleveland
-------------------------------------------------------
Cleveland Plain Dealer reports that Eaton Corp. is facing another
shareholders' lawsuit in Cuyahoga County arising from a lengthy
court fight in Mississippi against a rival in the aerospace parts
business.
The lawsuit filed on Aug. 3 claims investors lost millions of
dollars because they purchased Eaton shares at artificially
inflated prices -- prices that later declined when Eaton said its
lawyers failed to turn over documents in its trade-secrets fight
against Frisby Aerospace in Jackson, Miss.
The lawsuit in U.S. District Court in Cleveland was filed by the
Florida Carpenters Regional Council Pension Plan. The plaintiffs
want the court to certify the suit as a class action representing
everyone who bought Eaton stock between 2009 and 2012.
EBAY INC: Loses Bid to Dismiss Mobile User Fee Class Action
-----------------------------------------------------------
Sean McLernon, writing for Law360, reports that a California
federal judge on Aug. 6 refused to throw out a putative class
action accusing eBay Inc. of violating fee agreements with its
mobile users, ruling the plaintiff has presented enough facts to
sustain a breach of contract and implied covenant claim.
U.S. District Judge Jeffrey S. White kept alive the bulk of eBay
user Tasha Keirsey's suit, which claims the online auction giant
deceives customers by charging for optional features that users
don't select and imposing fees for features advertised as free.
FACEBOOK INC: Defends Numerous Suits by Users and Advertisers
-------------------------------------------------------------
Facebook, Inc. is defending numerous class action lawsuits brought
by users and advertisers, according to the Company's
July 31, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2012.
In addition to intellectual property claims, the Company is also
involved in numerous other lawsuits, including putative class
action lawsuits brought by users and advertisers, many of which
claim statutory damages, and the Company anticipates that it will
continue to be a target for numerous lawsuits in the future.
Because the Company has hundreds of millions of users, the
plaintiffs in class action cases filed against it typically claim
enormous monetary damages even if the alleged per-user harm is
small or non-existent. Any negative outcome from such lawsuits
could result in payments of substantial monetary damages or fines,
or changes to the Company's products or business practices, and
accordingly its business, financial condition, or results of
operations could be materially and adversely affected. Although
the results of such lawsuits and claims cannot be predicted with
certainty, the Company does not believe that the final outcome of
those matters relating to its products that it currently faces
will have a material adverse effect on its business, financial
condition, or results of operations. The Company believes these
lawsuits are without merit and is vigorously defending these
lawsuits.
The Company says there can be no assurances that a favorable final
outcome will be obtained in all its cases, and defending any
lawsuit is costly and can impose a significant burden on
management and employees. Any litigation to which the Company is
a party may result in an onerous or unfavorable judgment that may
not be reversed upon appeal or in payments of substantial monetary
damages or fines, or the Company may decide to settle lawsuits on
similarly unfavorable terms, which could adversely affect the
Company's business, financial conditions, or results of
operations.
FACEBOOK INC: Class Suits Over Initial Public Offering Pending
--------------------------------------------------------------
Facebook, Inc. continues to face numerous class action lawsuits
related to its initial public offering, according to the Company's
July 31, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2012.
Beginning on May 22, 2012, multiple putative class actions,
derivative actions, and individual actions were filed in state and
federal courts in the United States and in other jurisdictions
against the Company, its directors, and/or certain of its officers
alleging violation of securities laws or breach of fiduciary
duties in connection with the Company's initial public offering
(IPO) and seeking unspecified damages. The Company believes these
lawsuits are without merit, and it is vigorously defending these
lawsuits. In addition, following the Company's IPO, the events
surrounding its IPO became the subject of government inquiries,
and it has received requests for information in connection with
certain of those inquiries. Any such inquiries could subject the
Company to substantial costs, divert resources and the attention
of management from its business, or adversely affect its business.
L & L ENERGY: Continues to Defend Securities Suit in Washington
---------------------------------------------------------------
L & L Energy, Inc. continues to defend itself from a securities
class action lawsuit pending in Washington, according to the
Company's July 31, 2012, Form 10-K filing with the U.S. Securities
and Exchange Commission for the year ended April 30, 2012.
On August 26, 2011, a federal securities law class action
complaint was filed against the Company, certain officers and
directors (i.e., Dickson V. Lee and Ian G. Robinson) and a former
officer (i.e., Jung Mei (Rosemary) Wang) in the United States
District Court, Western District of Washington at Seattle on
behalf of a class consisting of all persons who purchased the
common stock of the Company during the period August 13, 2009,
through August 2, 2011, inclusive, and who were damaged thereby
(the "Securities Class Action"). It alleges that the Company
filed false and misleading reports with the SEC from August 13,
2009, to August 2, 2011, primarily based upon an amendment the
Company filed to its 2010 Annual Report on Form 10-K on July 28,
2010, and a report published by the Glaucus Research Group on
August 2, 2011. On December 15, 2011, the court appointed Gregg
Irvin as lead plaintiff, and he filed an amended complaint and
second amended complaint on February 8 and March 2, 2012,
respectively, naming four other current and former directors as
defendants (i.e., Shirley Kiang, Robert Lee, Dennis Bracy and
Robert Okun).
The Company says it has notified its insurance carrier of the
Securities Class Action, has retained outside legal counsel, and
intends to defend the lawsuit vigorously. The Company is unable
to estimate the amount or range of any potential loss in the event
of an unfavorable outcome. As such, as of April 30, 2012, the
Company has not accrued any liability in connection with potential
losses from legal proceedings.
LITEHOUSE INC: Faces Suit Over Immunity Boost Claims in Product
---------------------------------------------------------------
Garrett Koehler, as an individual, and on behalf of all others
similarly situated v. Litehouse, Inc., an Idaho corporation, Case
No. 4:12-cv-04055 (N.D. Calif., August 1, 2012) accuses the
Company of making erroneous claims, which are misleading to
reasonable consumers, on the front and rear labeling of its salad
dressing known as "Bleu Cheese Yogurt Dressing with Probiotics."
According to the Company's uniform and consistent claims, use of
the Product enhances the body's immune system and boosts immunity,
Mr. Koehler asserts. He contends that Litehouse misleads the
public for their financial benefits.
Mr. Koehler is a resident of San Francisco, California. He
purchased the Product in April 2012 from a Safeway supermarket in
San Francisco.
Litehouse is the owner, manufacturer and distributor of the
Product, and is the company that created and authorized the
alleged false, misleading and deceptive labeling and advertising
for the Product.
The Plaintiff is represented by:
Benjamin M. Lopatin, Esq.
THE LAW OFFICES OF HOWARD W. RUBINSTEIN, P.A.
One Embarcadero Center, Suite 500
San Francisco, CA 94111
Telephone: (800) 436-6437
Facsimile: (415) 692-6607
E-mail: lopatin@hwrlawoffice.com
LOUISIANA-PACIFIC CORP: MDL Panel Denied Bid to Transfer Suits
--------------------------------------------------------------
A multidistrict litigation panel denied in June 2012 plaintiffs'
motion to transfer and consolidate class action lawsuits against
Louisiana-Pacific Corporation to the Eastern District of North
Carolina, according to the Company's July 31, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended June 30, 2012.
The Company was named in four putative class action lawsuits filed
against it in United States District Courts during the first
quarter of 2012 related to nontreated hardboard trim product
formerly manufactured at its Roaring River, North Carolina
hardboard plant: Brown v. Louisiana-Pacific Corporation., Case No.
4:12-CV-00102-RP-TJS (S.D. Iowa) (filed March 8, 2012, as a state-
wide putative class); Holbrook v. Louisiana-Pacific Corporation,
et al., Case No. 3:12-CV-00484-JGC (N.D. Ohio) (filed February 28,
2012, as a state-wide putative class); Bristol Village Inc. v.
Louisiana-Pacific Corporation, et al., Case No. 1:12-CV-00263
(W.D.N.Y.) (filed March 30, 2012, as a state-wide putative class
or, alternatively, as a nation-wide putative class) and Prevett v.
Louisiana-Pacific, Case No. 6:12-CV-348-ORL-18-KRS (M.D. Fla)
(filed March 5, 2012, as a state-wide putative class). The
Prevett v. Louisiana Pacific lawsuit was voluntarily dismissed by
the plaintiffs on May 31, 2012. Subsequently, a fifth lawsuit,
Eugene Lipov v. Louisiana-Pacific, Case 1:12-CV-00439- JTN (W.D.
Mich) (filed May 3, 2012) was filed as a statewide putative class
action in the second quarter of 2012. These lawsuits follow two
state-wide putative class action lawsuits previously filed against
the Company in United States District Courts: Ellis, et al. v.
Louisiana-Pacific Corp., Case No. 3:11-CV-191 (W.D.N.C.); and
Hart, et al. v. Louisiana-Pacific Corp., Case No. 2:08-CV-00047
(E.D.N.C.). The Ellis case was dismissed by the District Court,
which dismissal has been appealed by the plaintiffs to the United
States Court of Appeals for the Fourth Circuit, and the Hart case
has been certified by the District Court as a class action.
Plaintiffs moved to combine pretrial matters through a
MultiDistict Litigation (MDL) motion, filed as In Re: Louisiana-
Pacific Corporation Trimboard Siding Marketing, Sales Practice and
Products Liability Litigation MDL No. 2366 (U.S. Judicial Panel on
Multidistrict Litigation) seeking to transfer all cases to the
Eastern District of North Carolina. Louisiana-Pacific objected to
the MDL motion and on June 11, 2012, the MDL Panel denied
plaintiffs' Motion to Transfer.
The plaintiffs in these lawsuits seek to certify classes
consisting of all persons that own structures within the
respective states in which the lawsuit were filed (or, in some
cases, within the United States) on which the hardboard trim in
question is installed. The plaintiffs seek unspecified damages
and injunctive and other relief under various state law theories,
including negligence, violations of consumer protection laws,
breaches of implied and express warranties, fraud, and unjust
enrichment.
While some individual owners of structures within the putative
classes may have valid warranty claims, the Company believes that
the claims asserted on a class basis are without merit and it
intends to defend these matters vigorously. The Company has
established warranty reserves for the hardboard trim in question
pursuant to its normal business practices, and it does not believe
that the resolution of these lawsuits will have a material effect
on its financial condition, results of operations, cash flows or
liquidity.
MASCO CORP: "Von Der Werth" Class Suit Remains Stayed in Georgia
----------------------------------------------------------------
A class action lawsuit commenced by Albert Von Der Werth and
Valerie Good against Masco Corporation remains stayed in Georgia,
according to the Company's July 31, 2012, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
June 30, 2012.
A lawsuit was filed in March 2003 in the United States District
Court for the Northern District of Georgia by Wilson Insulation
Company, Wilson Insulation of Augusta, Inc. and The Wilson
Insulation Group, Inc. ("Wilson") against the Company, Masco
Contractor Services, Inc., and MCS Central that alleged
anticompetitive conduct (the "Wilson Case"). Wilson (who is an
individual contractor) alleges that certain practices of the
Company and its named insulation installation companies relating
to the installation of insulation during the early 2000s in
Atlanta and Augusta, Georgia, violated the federal antitrust
and/or state laws. The Wilson case has been removed from the
court's active docket. In March 2007, Albert Von Der Werth and
Valerie Good filed a lawsuit in the United States District Court
for the Northern District of California against the Company, its
subsidiary Masco Contractor Services, and several insulation
manufacturers seeking class action status and alleging
anticompetitive conduct (the "Von Der Werth case"). In the Von
Der Werth case, plaintiffs allege that the alleged conspiracy in
the Columbus Drywall case indirectly resulted in an increase in
the retail price of fiberglass insulation they purchased from
retailers from 1999 to 2004. The Von Der Werth case was
subsequently transferred to the United States District Court for
the Northern District of Georgia and was administratively stayed
by the court in February 2010. An additional lawsuit, which was
filed in September 2005 and alleged anticompetitive conduct, was
dismissed with prejudice in December 2006.
The Company says it will vigorously defend the Wilson and Von Der
Werth cases when they are re-opened by the court. Based upon the
advice of its outside counsel, the Company believes that the
conduct of the Company and its insulation installation companies,
which is the subject of the Wilson and Von Der Werth lawsuits, has
not violated any antitrust laws. The Company is unable at this
time to reliably estimate any potential liability which might
occur from an adverse judgment in either lawsuit. There cannot be
any assurance that the Company will ultimately prevail in these
lawsuits, or, if unsuccessful, that the ultimate liability would
not be material.
MASCO CORP: Awaits Approval of $75MM Antitrust Suit Settlement
--------------------------------------------------------------
Masco Corporation is awaiting court approval of its $75 million
settlement of an antitrust class action lawsuit brought by
insulation contractors, according to the Company's July 31, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
A lawsuit was brought against the Company and a number of its
insulation installation companies alleging that certain of their
practices violated provisions of the federal antitrust laws during
the period 1999 through 2004. The case was filed in October 2004
in the United States District Court for the Northern District of
Georgia by Columbus Drywall & Insulation, Inc., Leo Jones
Insulation, Inc., Southland Insulators, Inc., Southland Insulators
of Maryland, Inc. d/b/a Devere Insulation, Southland Insulators of
Delaware LLC d/b/a Delmarva Insulation, and Whitson Insulation
Company of Grand Rapids, Inc. against the Company, its
subsidiaries Masco Contractors Services Group Corp., Masco
Contractor Services Central, Inc. ("MCS Central") and Masco
Contractor Services East, Inc., and several insulation
manufacturers (the "Columbus Drywall case"). In February 2009,
the court certified a class of 377 insulation contractors. A
trial date in this case had been scheduled in July 2012.
The parties in this case reached a settlement in principle in July
2012, in which the Company and its insulation installation
companies named in the lawsuit agreed to pay $75 million in return
for dismissal with prejudice and full release of all claims, which
was recorded by the Company in the second quarter of 2012. The
Company and its insulation installation companies continue to deny
that the challenged conduct was unlawful and admit no wrongdoing
as part of the settlement. A settlement was reached to eliminate
the considerable expense and uncertainty of this lawsuit. The
settlement is subject to court approval.
MIDWEST GENERATION: Illinois Class Suit Dismissal Bids Pending
--------------------------------------------------------------
Midwest Generation, LLC's motions to dismiss two purported class
action lawsuits initiated in Illinois remain pending, according to
the Company's July 31, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended June 30,
2012.
In January 2012, two complaints were filed against Midwest
Generation in Illinois state court by residents living near the
Crawford and Fisk Stations on behalf of themselves and all others
similarly situated, each asserting claims of nuisance, negligence,
trespass, and strict liability. The plaintiffs seek to have their
lawsuits certified as a class action and request injunctive
relief, as well as compensatory and punitive damages. The
complaints are similar to two complaints previously filed in the
Northern District of Illinois, which were dismissed in October
2011 for lack of federal jurisdiction. In March 2012, Midwest
Generation filed motions to dismiss the cases, which are pending.
Adverse decisions in these cases could involve penalties, remedial
actions and damages that could have a material impact on the
financial condition and results of operations of Midwest
Generation. Midwest Generation cannot predict the outcome of
these matters or estimate the impact on the Midwest Generation
plants, or its results of operations, financial position or cash
flows. Midwest Generation has not recorded a liability for these
matters.
MIDWEST GENERATION: Hurricane Katrina-Related Suit Appeal Pending
-----------------------------------------------------------------
An appeal from the dismissal of a class action lawsuit against
Midwest Generation, LLC's parent, Edison Mission Energy, remains
pending, according to the Company's July 31, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended June 30, 2012.
In March 2012, the federal district court in Mississippi
dismissed, in its entirety, the purported class action complaint
filed by private citizens in May 2011, naming a large number of
defendants, including Midwest Generation's parent company, EME,
for damages allegedly arising from Hurricane Katrina. In April
2012, the plaintiffs filed an appeal with the Fifth Circuit Court
of Appeals. Plaintiffs allege that the defendants' activities
resulted in emissions of substantial quantities of greenhouse
gases that have contributed to climate change and sea level rise,
which in turn are alleged to have increased the destructive force
of Hurricane Katrina. The lawsuit alleges causes of action for
negligence, public and private nuisance, and trespass, and seeks
unspecified compensatory and punitive damages. The claims in this
lawsuit are nearly identical to a subset of the claims that were
raised against many of the same defendants in a previous lawsuit
that was filed in, and dismissed by, the same federal district
court where the current case has been filed.
MY CLOTHES: Recalls 1,100 Children's Nightgowns and Pajama Sets
---------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
My Clothes Inc., of Montgomery, Alabama, announced a voluntary
recall of about 1,100 children's pajamas. Consumers should stop
using recalled products immediately unless otherwise instructed.
It is illegal to resell or attempt to resell a recalled consumer
product.
The pajamas fail to meet the federal flammability standards for
children's sleepwear, posing a risk of burn injury to children.
No incidents or injuries have been reported.
Two types of pajamas are being recalled: a long-sleeved nightgown
and a set consisting of a long-sleeved shirt and long pants. The
long-sleeved nightgown, Style 14, is cotton knit with multi-
colored polka dots. The sleeves and hem are ruffled. The shirt
and pants set, Style 15 or Style 314RG, is cotton with a red and
white gingham print pattern and white piping on the collar,
sleeves and pant legs. The shirt has four buttons. The garments
were sold in sizes 12 months through size 14. The style number
and the words "PJs by My Clothes" are printed on tags sewn into
the center back of the gown, the neck of the shirt and the rear
waistband of the pants. Pictures of the recalled products are
available at:
http://www.cpsc.gov/cpscpub/prerel/prhtml12/12242.html
The recalled products were manufactured in China and sold at
children's boutiques and specialty retailers and online nationwide
from August 2011 through December 2011 for between $35 and $45.
Children should stop wearing the recalled sleepwear immediately
and consumers should return it to the retailer where they
purchased the pajamas for a full refund, exchange or store credit.
For additional information, contact My Clothes Inc. at (855) 776-
6641 between 9:00 a.m. and 5:00 p.m. Eastern Time Monday through
Friday or by e-mail at info@pjsbymyclothesinc.com, or visit the
firm's Web site at http://www.pjsbymyclothesinc.com/
NISSAN NORTH: 9th Cir. Tosses Class Action Over E-Key System
------------------------------------------------------------
Lana Birbrair, writing for Law360, reports that the Ninth Circuit
on Aug. 2 tossed most of a putative class action accusing Nissan
North America Inc. of selling cars with a faulty electronic key
system, finding a lower court was right to dismiss claims based on
the Federal Motor Vehicle Safety Standards.
In an unpublished order, the appellate court found that a
California federal court correctly dismissed with prejudice claims
stemming from the FMVSS.
OPTOTRAFFIC: Faces Class Action Over Photo Enforcement Program
--------------------------------------------------------------
TheNewspaper.com reports that a police officer in Riverdale Park,
Maryland refuses to be a party to fraud. According to a class
action lawsuit filed on Aug. 6 in Prince George's County Circuit
Court, Corporal Clayton Alford was put in the position of having
his name signed to speed camera citations that he did not review.
The suit seeks to nullify every photo ticket the town and for-
profit vendor Optotraffic issued since the program began in 2010.
That could cost the town significant cash as the cameras brought
in $1.9 million in revenue last year -- thirty percent of
Riverdale Park's budget.
Attorney Timothy P. Leahy, who filed the suit on behalf of ticket
recipients, is armed with a smoking gun. He has e-mails that
prove two non-police officers, Karen Coker and Tracy Perrin,
issued citations after logging in under Alford's name while the
officer was on vacation from February 17, 2010 to April 3, 2010.
If proved, this violates Maryland Code Section 21-809, which
explains a citation must include "a signed statement by a duly
authorized law enforcement officer employed by or under contract
with an agency that, based on inspection of recorded images, the
motor vehicle was being operated in violation of this subtitle."
Section 3-101 of the code defines the law enforcement officer as
someone authorized to make arrests who works for the police
department.
"Karen and I cleared out the approvals in queue over the weekend,"
Ms. Perrin wrote in a January 10, 2011 e-mail to Optotraffic's
liaison to Riverdale Park, Angenette Criner. "This morning we had
a few Maryland tags on day 14. Want to make you aware so that
changes can be made on your end."
This shows Optotraffic was aware Coker and Perrin were signing
citations under Alford's name, even though the statute requires
sign off on a ticket be "based on inspection of recorded images."
Leahy cites sworn testimony of Optotraffic employees from a
January 27 case involving Eastover Auto Supply.
"We do not use photos that are taken at two independent times to
estimate speed," Optotraffic employee John O'Connor testified.
"Why? Because it's inaccurate. You can't do it . . . The photo
is actually just secondary evidence that the vehicle was there and
it was in motion, that it was there at the time of the occurrence.
The speed is actually done by time-distance by one lidar device
that has two beams that's pointed down at the road. The speed of
the vehicle is calculated at that point."
PEREGRINE FINANCIAL: Officers Sued Over Missing Customer's Funds
----------------------------------------------------------------
Jack Bouboushian at Courthouse News Service reports that in a
federal class action against top officers of bankrupt Peregrine
Financial Group, customers claim that the slightest investigation
would have uncovered CEO Russell Wasendorf Sr.'s theft of $200
million over two decades.
Lead plaintiff Marcus Ibrahim sued company founder Wasendorf Sr.,
former CEO and president Russell Wasendorf Jr., vice chairman Neil
Aslin, CFO Brenda Cuypers, chief compliance officer Susan O'Meara,
Peregrine's outside auditor Veraja-Snelling Co. and its owner
Jeannie Veraja-Snelling, and U.S. Bank, which "had custody of PFG
customers' segregated funds at relevant times."
Mr. Wasendorf Sr. tried and failed to commit suicide in July, on
the eve of a Commodity Futures Trading Commission lawsuit against
him and Peregrine.
Now Peregrine's customers demand restitution, claiming the
defendants' lack of oversight allowed Mr. Wasendorf to swipe
millions over two decades, and would have had the same result if
"the defendants had actively plotted by Wasendorf Sr.'s side."
In the CFTC's lawsuit, the regulator said Mr. Wasendorf and
Peregrine could not account for more than $200 million of
customer's funds.
Mr. Ibrahim, a Peregrine customer, claims he lost hundreds of
thousands of dollars due to Mr. Wasendorf's fraud.
"From at least 1992, PFG founder Russell Wasendorf, Sr.
misappropriated nearly $200 million in segregated customer funds
to capitalize PFG, pay PFG's regulatory fines, and bankroll his
own lavish personal spending," the complaint states. "Wasendorf
Sr. concealed his theft by sending forged bank reports to
regulators.
To avoid detection, Mr. Wasendorf Sr. opened a post office box,
and gave the post office box address to regulators as the address
of the bank that was supposed to hold the segregated funds.
"On July 9, 2012, when regulators were finally on the verge of
detecting the theft, Wasendorf Sr. wrote notes confessing his
crimes, and attempted to commit suicide by inhaling exhaust from
his car.
"Wasendorf Sr. was later arrested and indicted in federal court in
Iowa. PFG filed for bankruptcy protection under Chapter 7 of the
Bankruptcy Code, and a receiver was appointed.
"Wasendorf Sr.'s scheme was brazen and blatant, and would have
been easily detected upon even minimal investigation. However,
none of the many parties who were in a position and under an
obligation to detect the theft lifted a finger to do so."
Mr. Ibrahim claims that the co-defendant corporate officers
"failed utterly."
"Despite the fact that Wasendorf Sr. carried out his scheme under
their very noses, the officers abdicated all responsibility and
willfully blinded themselves to the crime that was taking place
within PFG," the complaint states.
"Likewise, PFG's auditors, including Veraja-Snelling Company
('VSC') and Jeannie Veraja-Snelling ('Veraja-Snelling'), were
responsible for the effects of the scheme. The auditors were
under a duty to verify the accuracy of PFG's financial statements,
including those regarding segregated customer funds. Despite the
fact that the statements were completely polluted with
misinformation, the auditors took no steps to effectively
discharge their duties.
"Finally, the custodians of PFG customers' segregated funds,
including U.S. Bank, N.A. ('U.S. Bank'), failed to effectively
respond to Wasendorf Sr.'s fraud. There can be no doubt that U.S.
Bank was aware of the actual balance of PFG's customer segregated
account at its branch in Cedar Falls, Iowa. U.S. Bank knew, or
through even minimal investigation should have known, that the
sub-$10 million balance in the account was woefully inadequate for
a firm the size of PFG, and therefore should have made inquiries
with the National Futures Association ('NFA'), PFG's designated
self-regulatory organization, which would have uncovered the
scheme. Moreover, U.S. Bank knew, or should have known that
Wasendorf Sr. was using the signature of one of its own employees
to forge his false bank reports.
"The collective abdication of responsibility by the defendants
created a 'perfect storm' for Wasendorf Sr.'s decades-long
campaign of misappropriation of customer segregated funds.
Vigilance by even one of the defendants would have revealed and
ended the scheme. But all stood idle, and PFG's customers paid the
price. The defendants' willful failure to exercise even a modicum
of oversight is, in its effects, the same as if the defendants had
actively plotted by Wasendorf Sr.'s side."
Mr. Ibrahim seeks restitution and damages for violations of the
Commodity Exchange Act, breach of fiduciary duty, conversion,
tortious interference, negligence, negligent supervision, and
aiding and abetting.
A copy of the Complaint in Ibrahim v. Wasendorf, Sr., et al., Case
No. 12-cv-06137 (N.D. Ill.), is available at:
http://www.courthousenews.com/2012/08/07/Wasendorf.pdf
The Plaintiff is represented by:
Jennifer W. Sprengel, Esq.
Nyran Rose Rasche, Esq.
Daniel O. Herrera, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
30 North LaSalle Street, Suite 3200
Chicago, IL 60602
Telephone: (312) 782-4880
- and -
Douglas G. Thompson, Esq.
Michael G. McLellan, Esq.
Robert O. Wilson, Esq.
FINKELSTEIN THOMPSON LLP
1077 30th Street NW, Suite 150
Washington, DC 20007
Telephone: (202) 337-8000
E-mail: dthompson@finkelsteinthompson.com
mmclellan@finkelsteinthompson.com
rwilson@finkelsteinthompson.com
QEP RESOURCES: Continues to Defend "Chieftain" Suit in Oklahoma
---------------------------------------------------------------
Chieftain Royalty Company v. QEP Energy Company, Case No CJ2011-1,
U. S. District Court for Oklahoma, filed on January 20, 2011, is a
class action filed by a royalty owner on behalf of every royalty
owner of QEP Energy, a QEP Resources, Inc. subsidiary, in the
state of Oklahoma since 1988 asserting various claims for damages
related to royalty valuation, including breach of contract, breach
of fiduciary duty, fraud and conversion, based generally on
asserted improper deduction of post-production costs. Because
this case is in an early stage prior to full discovery, it is
difficult to reasonably estimate potential liability. QEP Energy
believes it has properly valued and paid royalty under Oklahoma
law and will vigorously defend this claim. Because of the
complexities and uncertainties of this legal dispute, including
the early stage of discovery and the number of plaintiffs, it is
difficult to predict all reasonably possible outcomes.
No further updates were reported in the Company's July 31, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
SHAWNEE COUNTY, KS: Former Treasurer Mulls Class Action
-------------------------------------------------------
WIBW reports that a county official responded on Aug. 6 to news
former Shawnee County Treasurer Rita Cline Rookstool is working on
a class action lawsuit against Shawnee County and current
Treasurer Larry Wilson.
Ms. Rookstool told 13 News unwarranted delays and long lines that
county motor vehicle office officials blame on the state's motor
vehicle software change were actually caused by mismanagement of
the changeover by Mr. Wilson and the county in general.
Mr. Wilson referred all comment on the pending action to County
Counselor Rich Eckert. He told 13 News on Aug. 6 that he has not
seen anything filed yet. Regardless, he says the motor vehicle
side of the treasurer's office is a state function so the county
is the inappropriate entity against which to take action. In
addition, Mr. Eckert says the county had no say in the system's
purchase or its implementation.
Ms. Rookstool says she wants at least 150 county residents to sign
on to the class action lawsuit. She had no timetable for filing
the suit.
SP AUSNET: Black Saturday Fire Victims to Launch Class Action
-------------------------------------------------------------
Sky News reports that a Victorian man who lost his family, home
and business in the Marysville Black Saturday bushfire will lead a
multimillion-dollar class action against an electricity company
whose powerline is blamed for starting the blaze.
Rod Liesfield's wife Elizabeth and their sons James, 14, and
Matthew, 13, were killed in the February 2009 fire.
His Marysville home and business were also destroyed by the
devastating blaze.
Mr. Liesfield, 58, will lead a Victorian Supreme Court class
action against electricity company SP AusNet, on behalf of the
hundreds of people affected by the Marysville/Murrindindi bushfire
which killed 40 people and destroyed more than 500 homes.
The damages claim may run into hundreds of millions of dollars,
lawyers for the plaintiffs say.
In a writ filed on Aug. 7, it is alleged the fire started because
of an SP AusNet powerline that was poorly maintained.
It is alleged that inspections of the pole failed to detect or
report damage to a stay wire and failed to notice the inadequate
distance between a stay wire and a conductor.
Lawyer Andrew Watson from Maurice Blackburn said he believed there
was a strong claim against SP AusNet.
"It is plain that with 40 deaths and more than 500 homes burned,
the scale of those losses is going to be very significant, running
into the tens and perhaps hundreds of millions," he said.
Mr. Watson said the case would be an opt-out class action that was
"on behalf of all of the victims of the Murrindindi fire".
The personal impact on Mr. Liesfield had been devastating, he
said.
"He lost his family in the fire. He lost his home. He lost his
business," Mr. Watson said.
"Just an unbelievable tragedy, but of course as we know multiplied
manyfold throughout Victoria as a result of the events of that
day."
SP AusNet is already facing legal action over the Kilmore East
fire which killed 119 people.
In a statement to the Australian Securities Exchange on Aug. 6, SP
AusNet said it had been provided with limited access to a report
by Victoria Police to the coroner that implicated its electricity
assets in the ignition of the Murrindindi fire.
"SP AusNet has not yet had an opportunity to review the materials
upon which the views expressed in the report are based," the
statement said.
"As presently informed, SP AusNet does not accept that its assets
were involved in the ignition of the Murrindindi fire.
"SP AusNet maintains insurance that it believes is appropriate to
protect against bushfire and other major operating risks."
The Aug. 7 writ also names the Department of Sustainability and
Environment, the Country Fire Authority and the State of Victoria.
It alleges the organizations failed in their duty to warn the
public.
TAKEDA PHARMA: Faces Actos Suit in Quebec; MDL in U.S. Pending
--------------------------------------------------------------
An Actos class action lawsuit was filed in Quebec on behalf of
individuals in the province who developed bladder cancer after
using Actos, Bernstein Liebhard LLP reports. The lawsuit alleges
that Actos manufacturers Takeda Pharmaceuticals and Eli Lilly were
responsible for failing to warn consumers about the risks of Actos
bladder cancer. The complaint was filed by lead plaintiff Jimmy
Whyte, who took Actos to treat his type-2 diabetes in November
2008, and developed bladder cancer in April 2012. Actos is a
popular diabetic drug that has been linked to an increased risk of
bladder cancer. In June 2011, the U.S. Food and Drug
Administration added a warning label for Actos, advising consumers
that using the drug for longer than a year may increase the risk
of developing bladder cancer. Health regulators in France removed
Actos from the market, essentially issuing an Actos recall, in
June 2011 after identifying the increased incidences of bladder
cancer in Actos users.
Actos Bladder Cancer Lawsuits Proceeds In U.S.
Claims in the Actos bladder cancer class action lawsuit are
similar to the complaints filed in the U.S. Actos bladder cancer
lawsuits. Actos lawsuits in the U.S. are part of a multidistrict
litigation, referred to as an MDL. Unlike a class action lawsuit,
in an MDL, each claim remains an individual lawsuit. However, the
court coordinates proceedings such as pre-trial discovery.
Plaintiffs in the Actos lawsuits allege that the drug caused them
to develop bladder cancer.
Actos bladder cancer lawsuits are moving towards trial in the
federal action, In re: Actos (Pioglitazone) Products Liability
Litigation ("MDL No. 2299"), currently pending before the
Honorable Rebecca Doherty in the U.S. District Court for the
Western District of Louisiana.
Those who developed bladder cancer as a result of taking Actos may
be able to collect compensation for medical expenses, lost wages,
pain and suffering, and more.
TRW AUTOMOTIVE: Faces Antitrust Class Action Suits in Michigan
--------------------------------------------------------------
TRW Automotive Holdings Corp. is facing class action lawsuits in
Michigan, according to the Company's July 31, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended June 29, 2012.
In June 2012, the Company was named as a defendant in purported
class action lawsuits filed in the United States District Court
for the Eastern District of Michigan on behalf of vehicle
purchasers, lessors and dealers alleging that the Company and
certain of its competitors conspired to fix and raise prices for
Occupant Safety Systems products in the U.S. The Company says it
intends to defend these cases vigorously. Management believes
that the ultimate resolution of these cases will not have a
material effect on the Company's financial statements as a whole.
U.S. STEEL: Still Defends Antitrust Class Action Suits in Ill.
-------------------------------------------------------------
United States Steel Corporation continues to defend itself from
antitrust class action lawsuits in Illinois, according to the
Company's July 31, 2012, Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarter ended June 30, 2012.
In a series of lawsuits filed in federal court in the Northern
District of Illinois beginning September 12, 2008, individual
direct or indirect buyers of steel products have asserted that
eight steel manufacturers, including U. S. Steel, conspired in
violation of antitrust laws to restrict the domestic production of
raw steel and thereby to fix, raise, maintain or stabilize the
price of steel products in the United States. The cases are filed
as class actions and claim treble damages for the period 2005 to
present, but do not allege any damage amounts. U. S. Steel is
vigorously defending these lawsuits and does not believe that it
is probable a liability regarding these matters has been incurred.
The Company is unable to estimate a range of possible loss at this
time.
VECTOR GROUP: Dec. 18 Judgment Bid Hearing in "Brown" Suit Set
--------------------------------------------------------------
A hearing on summary judgment motions in a California class action
lawsuit involving a subsidiary of Vector Group Ltd. is scheduled
for December 18, 2012, according to the Company's
July 31, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2012.
Since 1954, Vector Group Ltd.'s subsidiary, Liggett Group LLC
("Liggett"), and other United States cigarette manufacturers have
been named as defendants in numerous direct, third-party and
purported class actions predicated on the theory that cigarette
manufacturers should be liable for damages alleged to have been
caused by cigarette smoking or by exposure to secondary smoke from
cigarettes. New cases continue to be commenced against Liggett
and other cigarette manufacturers.
As of June 30, 2012, there were five actions pending for which
either a class had been certified or plaintiffs were seeking class
certification, where Liggett is a named defendant, including one
alleged price fixing case. Other cigarette manufacturers are also
named in these actions.
In April 2001, in Brown v. Philip Morris USA, a California state
court granted in part plaintiffs' motion for class certification
and certified a class comprised of adult residents of California
who smoked at least one of defendants' cigarettes "during the
applicable time period" and who were exposed to defendants'
marketing and advertising activities in California. In December
2010, defendants filed a motion for a determination that the class
representatives set forth in plaintiffs' Tenth Amended Complaint
lacked standing to pursue the claims. The motion was granted by
the court. Plaintiffs moved to file an amended complaint adding
new class representatives, which motion was granted by the court
and in July 2011, plaintiffs filed their Eleventh Amended
Complaint adding new putative class representatives.
On January 31, 2012, defendants filed motions to decertify the
class and challenging standing, typicality and adequacy of the
newly named class representatives. After oral argument on
May 24, 2012, the court found that three of the four plaintiffs
were not adequate class representatives to assert the claims at
issue. The court further narrowed the class claims to those
involving the marketing and sale of "lights" cigarettes in
California during the class period. A hearing on summary judgment
motions is scheduled for December 18, 2012, and trial is scheduled
to begin April 19, 2013.
Vector Group Ltd. is a holding company and is principally engaged
in the manufacture and sale of cigarettes in the United States
through its Liggett Group LLC and Vector Tobacco Inc.
subsidiaries. The Company is also engaged in the real estate
business through its New Valley LLC subsidiary, which is seeking
to acquire additional operating companies and real estate
properties. New Valley owns 50% of Douglas Elliman Realty, LLC,
which operates the largest residential brokerage company in the
New York metropolitan area.
VECTOR GROUP: "Parsons" Suit vs. Liggett Remains Stayed in W.V.
---------------------------------------------------------------
The class action lawsuit captioned Parsons v. AC & S Inc. remains
stayed in West Virginia, according to Vector Group Ltd.'s
July 31, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2012.
Since 1954, Vector Group Ltd.'s subsidiary, Liggett Group LLC
("Liggett"), and other United States cigarette manufacturers have
been named as defendants in numerous direct, third-party and
purported class actions predicated on the theory that cigarette
manufacturers should be liable for damages alleged to have been
caused by cigarette smoking or by exposure to secondary smoke from
cigarettes. New cases continue to be commenced against Liggett
and other cigarette manufacturers.
As of June 30, 2012, there were five actions pending for which
either a class had been certified or plaintiffs were seeking class
certification, where Liggett is a named defendant, including one
alleged price fixing case. Other cigarette manufacturers are also
named in these actions.
In February 1998, in Parsons v. AC & S Inc., a case pending in
West Virginia, a class was commenced on behalf of all West
Virginia residents who allegedly have personal injury claims
arising from exposure to cigarette smoke and asbestos fibers. The
complaint seeks to recover $1 million in compensatory and punitive
damages individually and unspecified compensatory and punitive
damages for the class. The case is stayed as a result of the
December 2000 bankruptcy of three of the defendants.
Vector Group Ltd. is a holding company and is principally engaged
in the manufacture and sale of cigarettes in the United States
through its Liggett Group LLC and Vector Tobacco Inc.
subsidiaries. The Company is also engaged in the real estate
business through its New Valley LLC subsidiary, which is seeking
to acquire additional operating companies and real estate
properties. New Valley owns 50% of Douglas Elliman Realty, LLC,
which operates the largest residential brokerage company in the
New York metropolitan area.
VECTOR GROUP: Plaintiffs Appeal Dismissal of "Smith" Class Suit
---------------------------------------------------------------
Plaintiffs in the class action lawsuit captioned Smith v. Philip
Morris appealed the dismissal of the case, which involves a
subsidiary of Vector Group Ltd., according to Vector's
July 31, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2012.
Since 1954, Vector Group Ltd.'s subsidiary, Liggett Group LLC
("Liggett"), and other United States cigarette manufacturers have
been named as defendants in numerous direct, third-party and
purported class actions predicated on the theory that cigarette
manufacturers should be liable for damages alleged to have been
caused by cigarette smoking or by exposure to secondary smoke from
cigarettes. New cases continue to be commenced against Liggett
and other cigarette manufacturers.
As of June 30, 2012, there were five actions pending for which
either a class had been certified or plaintiffs were seeking class
certification, where Liggett is a named defendant, including one
alleged price fixing case. Other cigarette manufacturers are also
named in these actions.
In Smith v. Philip Morris, a Kansas state court case filed in
February 2000, plaintiffs allege that cigarette manufacturers
conspired to fix cigarette prices in violation of antitrust laws.
Plaintiffs seek to recover an unspecified amount in actual and
punitive damages. Class certification was granted in November
2001. On January 18, 2012, the trial court heard oral argument on
defendants' motions for summary judgment and on March 23, 2012,
the court granted the motions and dismissed plaintiffs' claims
with prejudice. On July 18, 2012, plaintiffs noticed an appeal.
Vector Group Ltd. is a holding company and is principally engaged
in the manufacture and sale of cigarettes in the United States
through its Liggett Group LLC and Vector Tobacco Inc.
subsidiaries. The Company is also engaged in the real estate
business through its New Valley LLC subsidiary, which is seeking
to acquire additional operating companies and real estate
properties. New Valley owns 50% of Douglas Elliman Realty, LLC,
which operates the largest residential brokerage company in the
New York metropolitan area.
VECTOR GROUP: "Young" Suit vs. Unit Remains Stayed in Louisiana
---------------------------------------------------------------
The class action lawsuit styled Young v. American Tobacco Co.,
which involves a subsidiary of Vector Group Ltd., remains stayed
in Louisiana, according to the Company's July 31, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended June 30, 2012.
Since 1954, Vector Group Ltd.'s subsidiary, Liggett Group LLC
("Liggett"), and other United States cigarette manufacturers have
been named as defendants in numerous direct, third-party and
purported class actions predicated on the theory that cigarette
manufacturers should be liable for damages alleged to have been
caused by cigarette smoking or by exposure to secondary smoke from
cigarettes. New cases continue to be commenced against Liggett
and other cigarette manufacturers.
As of June 30, 2012, there were five actions pending for which
either a class had been certified or plaintiffs were seeking class
certification, where Liggett is a named defendant, including one
alleged price fixing case. Other cigarette manufacturers are also
named in these actions.
In November 1997, in Young v. American Tobacco Co., a purported
personal injury class action was commenced on behalf of plaintiff
and all similarly situated residents in Louisiana who, though not
themselves cigarette smokers, are alleged to have been exposed to
secondhand smoke from cigarettes which were manufactured by the
defendants, and who suffered injury as a result of that exposure.
The plaintiffs seek to recover an unspecified amount of
compensatory and punitive damages. In October 2004, the trial
court stayed this case pending the outcome of an appeal in another
matter, which has been concluded. There has been no further
activity in Young.
Vector Group Ltd. is a holding company and is principally engaged
in the manufacture and sale of cigarettes in the United States
through its Liggett Group LLC and Vector Tobacco Inc.
subsidiaries. The Company is also engaged in the real estate
business through its New Valley LLC subsidiary, which is seeking
to acquire additional operating companies and real estate
properties. New Valley owns 50% of Douglas Elliman Realty, LLC,
which operates the largest residential brokerage company in the
New York metropolitan area.
VERISK ANALYTICS: Citizens' Suit No Longer Assert Class Claims
--------------------------------------------------------------
Verisk Analytics, Inc. disclosed in its July 31, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended June 30, 2012, that the second amended complaint of
a lawsuit involving its subsidiary no longer alleges class action
claims.
On February 28, 2012, the Company was served with a complaint
filed in the Florida State Circuit Court for Pasco County naming
Citizens Property Insurance Corporation ("Citizens") and the
Company's Xactware subsidiary. The complaint alleged a class
action seeking declaratory and injunctive relief against
defendants and was brought on behalf of "all individuals who have
purchased a new or renewed a property casualty insurance policy
from Citizens" where Citizens used Xactware's 360Value product to
determine replacement value of the property. On March 12, 2012,
plaintiffs served their First Amended Complaint on Xactware
additionally alleging that: (1) Citizens and Xactware knowingly
made false statements to the plaintiff class concerning their
properties' replacement cost values; (2) fraud against Xactware
based on its alleged misrepresentation of the replacement value of
plaintiffs' properties; (3) conspiracy against Citizens and
Xactware based on their alleged artificial inflation of the value
of plaintiffs' properties; and (4) products liability against
Xactware, claiming Xactware defectively designed 360Value as used
in the Florida insurance market. The First Amended Complaint
sought declaratory and injunctive relief, as well as unspecified
monetary damages alleged to be in excess of $1,000 for the class.
On May 31, 2012, plaintiff served his Second Amended Complaint
which no longer alleges a class action, but continues to allege:
(1) that Citizens and Xactware artificially inflated the
replacement cost value of plaintiff's property using 360Value; (2)
fraud by Xactware; (3) a conspiracy between Citizens and Xactware;
and (4) products liability against Xactware. The Second Amended
Complaint similarly seeks declaratory and injunctive relief as
well as damages representing the difference between the premium
plaintiff paid to Citizens using 360Value and what the premium
should have been if Citizens used an accurate replacement cost
value for plaintiff's property.
At this time, the Company says it is not possible to determine the
ultimate resolution of, or estimate the liability related to, this
matter.
VERISK ANALYTICS: Unit Defends Suit Over Employment Records
-----------------------------------------------------------
Verisk Analytics, Inc.'s subsidiary continues to defend a class
action lawsuit related to employment records, according to the
Company's July 31, 2012, Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarter ended June 30, 2012.
On April 20, 2012, the Company was served with a complaint filed
in Alameda County Superior Court in California naming the
Company's subsidiary, Intellicorp Records, Inc. The complaint
titled Jane Roe v. Intellicorp Records, Inc. et al. alleges a
nationwide putative class action on behalf of all persons who have
been the subject of a consumer report furnished to a third party
by Intellicorp for employment purposes and whose report contained
any negative public record of criminal arrest, charge or
conviction during the five years preceding the filing of the
action until final resolution. The complaint alleges that
Intellicorp failed to implement policies and procedures designed
to ensure that criminal record information provided to employers
is complete and up to date, and failed to notify class members
contemporaneously of the fact that criminal record information was
being provided to their employers and prospective employers. The
complaint seeks statutory damages for the class in an amount not
less than one hundred dollars and not more than one thousand
dollars per violation, punitive damages, costs and attorneys fees
as well as unspecified monetary damages for the named plaintiff.
At this time, the Company says it is not possible to determine the
ultimate resolution of, or estimate the liability related to, this
matter.
ZEN MAGNETS: Sued Over Hazardous, High-Powered Magnetic Balls
-------------------------------------------------------------
In an effort to prevent children from suffering further harm, U.S.
Consumer Product Safety Commission (CPSC) staff filed an
administrative complaint on August 7, 2012, against Zen Magnets
LLC, of Denver, Colorado, alleging that their products contain
defects in the design, packaging, warnings and instructions, which
pose a substantial risk of injury
[http://www.cpsc.gov/info/magnets/]to the public.
The Commission voted 3-1 to approve the filing of the complaint
[http://www.cpsc.gov/cpscpub/prerel/prhtml12/12243.pdf],which
seeks, among other things, an order that the firm stop selling Zen
Magnets(TM) Rare Earth Magnet Balls, notify the public of the
defect and offer consumers a full refund.
Eleven manufacturers and/or importers of sets of small, powerful,
individual magnets, all of which are made in China, have
voluntarily agreed to the CPSC staff's requests that they stop the
manufacture, import, distribution and sale of their magnet
products. Zen Magnets and Maxfield & Oberton (importer of
Buckyballs(R) and Buckycubes(TM)) are the only companies that have
refused to comply, to date.
Zen Magnets are powerful, chrome-plated, rare earth magnet balls
about 5 millimeters in diameter that are made in China and sold
online in sets of 72, 216, and 1,728.
The complaint explains that when two or more magnets are
swallowed, they can pinch or trap the intestinal walls or other
digestive tissue between them resulting in acute and long-term
health consequences. Magnets that attract through the intestines
result in progressive tissue injury. Such conditions can lead to
infection, sepsis and possibly death. Medical professionals may
not be aware of the dangers posed by ingestion and the
corresponding need for immediate medical intervention in such
cases, exacerbating the life-threatening internal injuries.
The complaint alleges that the Commission has received reports of
tweens and teenagers using similar products to mimic piercings of
the tongue, lip or cheek which have resulted in incidents where
the product is unintentionally inhaled and swallowed.
The complaint alleges that in 2009 and 2010, the firm advertised
and marketed the product as "fun to play with" strong rare earth
magnets that "look good on cute people." It further alleges that
in October 2011, the staff notified the firm that the product did
not comply with the federal mandatory toy standard, ASTM Standard
F963-08. The standard requires that such magnets not be marketed
for children younger than 14.
The complaint also alleges that the firm included a small slip of
paper in some of the models that read:
"Warning: DO NOT SWALLOW MAGNETS. How old do you have to be
to play with these? Dunno. 14 years old in the U.S. for a
strong magnetic toy, unless it's not a toy, then no age
limit, but they're fun magnets spheres (sic), aren't they a
toy? Unless it's a "science kit" then the government age
recommendation is 8+. But really, it's whatever age at which
a person stops swallowing non-foods."
In 2011, Zen Magnets began to advertise their product as a
"magnetic science kit." While the packaging warns that "strong
magnets can cause fatal intestinal pinching," and advises to "keep
away from kids and pets who don't understand these dangers," it
also cautions consumers to "place swallowing magnets on your don't
do list along with breathing water, drinking poison, and running
into traffic."
The complaint explains that recently, the firm posted on its Web
site that "CPSC recommends minimum age of 14."
The Commission staff alleges in its complaint that Zen Magnets
warning and labeling are defective because they do not effectively
communicate the hazard associated with ingestion of the product.
The complaint further alleges that the product's design and
packaging are also defective because they fail to prevent children
from gaining access to the product, and do not allow parents or
caregivers to know readily if a magnet is missing and is
potentially within the reach of a young child. The complaint
alleges that once separated from the packaging, the individual
magnets themselves display no warning against ingestion or
aspiration, and the small size of the individual magnets precludes
the addition of such a warning.
The Commission staff proposed the administrative complaint against
Zen Magnets after discussions with the Company failed to result in
a voluntary recall plan that CPSC staff considered adequate. CPSC
staff seeks the remedies outlined in the complaint to stop further
incidents and injuries to children.
ZYNGA INC: Accused of Making False and Misleading Statements
------------------------------------------------------------
Steven T. Diemand, Individually and On Behalf of All Others
Similarly Situated v. Zynga Inc., Mark Pincus, Reginald D. Davis,
Jeff Karp, John Schappert and David M. Wehner, Case No. 3:12-cv-
04059 (N.D. Calif., August 1, 2012) is brought on behalf of
purchasers of the Class A common stock of Zynga, who purchased or
otherwise acquired Zynga shares between April 3, 2012, and
July 25, 2012.
The Defendants made widely-disseminated false and misleading
statements and engaged in a scheme to deceive the market and a
course of conduct that artificially inflated the price of Zynga
Class A common stock, Mr. Diemand alleges. When the Defendants'
prior misrepresentations and fraudulent conduct became apparent to
the market after the close of trading on July 25, 2012, the price
of Zynga Class A common stock fell precipitously.
Mr. Diemand is a shareholder of the Company. He contends that as
a result of his and other members' purchases of Zynga Class A
common stock during the Class Period at artificially inflated
prices, they suffered economic loss and damages under the federal
securities laws.
Zynga is a Delaware corporation based in San Francisco,
California. Zynga provides social game services, accessed
principally via the facebook.com Web site. The Company generates
revenue primarily through the in-game sale of "virtual goods" to
players, and advertising. The Individual Defendants are directors
and officers of the Company.
The Plaintiff is represented by:
Lionel Z. Glancy, Esq.
Michael Goldberg, Esq.
Robert V. Prongay, Esq.
GLANCY BINKOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: lglancy@glancylaw.com
mgoldberg@glancylaw.com
info@glancylaw.com
shareholders@glancylaw.com
- and -
Ethan D. Wohl, Esq.
J. Elazar Fruchter, Esq.
WOHL & FRUCHTER LLP
570 Lexington Avenue, 16th Floor
New York, NY 10022
Telephone: (212) 758-4000
Facsimile: (212) 758-4004
E-mail: ewohl@wohlfruchter.com
jfruchter@wohlfruchter.com
ZYNGA INC: Failed to Disclose Necessary Information, Suit Says
--------------------------------------------------------------
Jake Phillips, on behalf of himself and all others similarly
situated v. Zynga, Inc., Mark Pincus, David M. Wehner, and John
Schappert, Case No. 5:12-cv-04064 (N.D. Calif., August 1, 2012) is
a federal class action on behalf of all persons, who purchased or
otherwise acquired the common stock of Zynga between
December 16, 2011 and July 25, 2012, for violations of the
Securities Exchange Act of 1934.
During the class period, Zynga projected strong earnings and
growth projections regarding its games and games development, Mr.
Phillips says. He alleges that unbeknownst to the investing
public, however, Zynga was experiencing a sharp drop-off in users
of its most profitable web games, and delays in developing new
games to launch on social media platforms. He contends that the
Company and the Individual Defendants made materially misleading
statements, and failed to disclose information necessary to make
various statements not materially misleading.
Mr. Phillips is a shareholder of the Company. He purchased Zynga
common stock during the Class Period, and suffered damages as a
result of the Defendants' federal securities law violations.
Zynga is incorporated in Delaware and headquartered in San
Francisco, California. Zynga develops, markets, and operates
online social games as live services played over the Internet and
on social networking sites and mobile platforms. Zynga's free-to-
play games generate revenue through the in-game sale of virtual
goods. The Individual Defendants are directors and officers of
the Company.
The Plaintiff is represented by:
Azra Z. Mehdi, Esq.
THE MEHDI FIRM
One Market
Spear Tower, Suite 3600
San Francisco, CA 94105
Telephone: (415) 293-8039
Facsimile: (415) 293-8001
E-mail: azram@themehdifirm.com
- and -
Peter Safirstein, Esq.
Domenico Minerva, Esq.
Elizabeth Metcalf, Esq.
MORGAN & MORGAN, P.C.
Five Penn Plaza, 23rd Fl.
New York, NY 10001
Telephone: (212) 564-1637
Facsimile: (212) 564-1807
E-mail: psafirstein@MorganSecLaw.com
dminerva@MorganSecLaw.com
emetcalf@MorganSecLaw.com
ZYNGA INC: Misleads Shareholders, California Class Suit Says
------------------------------------------------------------
William B. Walker, Individually and on Behalf of All Others
Similarly Situated v. Zynga, Inc., Mark Pincus, David M. Wehner
and John Schappert, Case No. 3:12-cv-04066 (N.D. Calif.,
August 2, 2012) is a securities class action alleging violations
of the anti-fraud provisions of the federal securities laws
brought on behalf of all purchasers of Zynga common stock between
December 16, 2011, and July 25, 2012.
The representations made by the Defendants during the Class Period
were materially false and misleading because the Defendants failed
to disclose the true facts, which were known, or recklessly
disregarded them, Mr. Walker alleges. He contends that the
Company's December 15, 2011 Registration Statement failed to
disclose (i) that under Zynga's agreements with Facebook, Zynga
game cards could only be distributed and redeemed on Facebook
until April 30, 2012, and (ii) the true extent of the current risk
of Facebook policy changes on Zynga's bookings prospects and
overall financial condition.
Mr. Walker acquired the common stock of Zynga during the Class
Period.
Zynga is a provider of online networking games. Zynga is a
Delaware corporation headquartered in San Francisco, California.
The Individual Defendants are directors and officers of the
Company.
The Plaintiff is represented by:
Shawn A. Williams, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: (415) 288-4545
Facsimile: (415) 288-4534
E-mail: shawnw@rgrdlaw.com
- and -
Darren J. Robbins, Esq.
David C. Walton, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: darrenr@rgrdlaw.com
davew@rgrdlaw.com
- and -
Deborah R. Gross, Esq.
LAW OFFICES BERNARD M. GROSS, P.C.
Wanamaker Bldg., Suite 450
100 Penn Square East
Philadelphia, PA 19107
Telephone: (215) 561-3600
Facsimile: (215) 561-3000
E-mail: debbie@bernardmgross.com
Asbestos Litigation
ASBESTOS UPDATE: MeadWestvaco Corp. Had 472 Suits at June 30
------------------------------------------------------------
MeadWestvaco Corporation had 472 pending asbestos-related lawsuits
at June 30, 2012, according to the Company's Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarterly
period ended June 30, 2012.
The Company states: "As with numerous other large industrial
companies, the company has been named a defendant in asbestos-
related personal injury litigation. Typically, these suits also
name many other corporate defendants. To date, the costs resulting
from the litigation, including settlement costs, have not been
significant. As of June 30, 2012, there were approximately 472
lawsuits. Management believes that the company has substantial
indemnification protection and insurance coverage, subject to
applicable deductibles and policy limits, with respect to asbestos
claims. The company has valid defenses to these claims and intends
to continue to defend them vigorously. Additionally, based on its
historical experience in asbestos cases and an analysis of the
current cases, the company believes that it has adequate amounts
accrued for potential settlements and judgments in asbestos-
related litigation.
"At June 30, 2012, the company had recorded litigation liabilities
of approximately $43 million, a significant portion of which
relates to asbestos. Should the volume of litigation grow
substantially, it is possible that the company could incur
significant costs resolving these cases. After consulting with
legal counsel and after considering established liabilities, it is
our judgment that the resolution of pending litigation and
proceedings is not expected to have a material adverse effect on
the company's consolidated financial condition or liquidity. In
any given period or periods, however, it is possible such
proceedings or matters could have a material effect on the results
of operations."
MeadWestvaco Corporation is a global packaging company that
provides packaging solutions to many of the world's brands in the
healthcare, beauty and personal care, food, beverage, tobacco and
home and garden industries. MWV's other business operations serve
the specialty chemicals, forestry and real estate markets. MWV's
segments are (i) Food & Beverage, (ii) Home, Health & Beauty,
(iii) Industrial, (iv) Specialty Chemicals, and (v) Community
Development and Land Management.
ASBESTOS UPDATE: Quaker Chemical Continues to Defend Claims
-----------------------------------------------------------
Quaker Chemical Corporation continues to defend asbestos-related
claims, according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
June 30, 2012.
The Company states: "An inactive subsidiary of the Company that
was acquired in 1978 sold certain products containing asbestos,
primarily on an installed basis, and is among the defendants in
numerous lawsuits alleging injury due to exposure to asbestos. The
subsidiary discontinued operations in 1991 and has no remaining
assets other than the proceeds from insurance settlements
received. To date, the overwhelming majority of these claims have
been disposed of without payment and there have been no adverse
judgments against the subsidiary. Based on a continued analysis of
the existing and anticipated future claims against this
subsidiary, it is currently projected that the subsidiary's total
liability over the next 50 years for these claims is approximately
$4,900,000 (excluding costs of defense). Although the Company has
also been named as a defendant in certain of these cases, no
claims have been actively pursued against the Company, and the
Company has not contributed to the defense or settlement of any of
these cases pursued against the subsidiary. These cases were
handled by the subsidiary's primary and excess insurers who had
agreed in 1997 to pay all defense costs and be responsible for all
damages assessed against the subsidiary arising out of existing
and future asbestos claims up to the aggregate limits of the
policies.
"A significant portion of this primary insurance coverage was
provided by an insurer that is now insolvent, and the other
primary insurers have asserted that the aggregate limits of their
policies have been exhausted. The subsidiary challenged the
applicability of these limits to the claims being brought against
the subsidiary. In response, two of the three carriers entered
into separate settlement and release agreements with the
subsidiary in late 2005 and in the first quarter of 2007 for
$15,000,000 and $20,000,000, respectively. The payments under the
latest settlement and release agreement were structured to be
received over a four-year period with annual installments of
$5,000,000, the final installment of which was received in the
first quarter of 2010. The proceeds of both settlements are
restricted and can only be used to pay claims and costs of defense
associated with the subsidiary's asbestos litigation. During the
third quarter of 2007, the subsidiary and the remaining primary
insurance carrier entered into a Claim Handling and Funding
Agreement, under which the carrier will pay 27% of defense and
indemnity costs incurred by or on behalf of the subsidiary in
connection with asbestos bodily injury claims for a minimum of
five years beginning July 1, 2007. The agreement continues until
terminated and can only be terminated by either party by providing
the other party with a minimum of two years prior written notice.
"At the end of the term of the agreement, the subsidiary may
choose to again pursue its claim against this insurer regarding
the application of the policy limits. The Company also believes
that, if the coverage issues under the primary policies with the
remaining carrier are resolved adversely to the subsidiary and all
settlement proceeds were used, the subsidiary may have limited
additional coverage from a state guarantee fund established
following the insolvency of one of the subsidiary's primary
insurers. Nevertheless, liabilities in respect of claims may
exceed the assets and coverage available to the subsidiary.
"If the subsidiary's assets and insurance coverage were to be
exhausted, claimants of the subsidiary may actively pursue claims
against the Company because of the parent-subsidiary relationship.
Although asbestos litigation is particularly difficult to predict,
especially with respect to claims that are currently not being
actively pursued against the Company, the Company does not believe
that such claims would have merit or that the Company would be
held to have liability for any unsatisfied obligations of the
subsidiary as a result of such claims. After evaluating the nature
of the claims filed against the subsidiary and the small number of
such claims that have resulted in any payment, the potential
availability of additional insurance coverage at the subsidiary
level, the additional availability of the Company's own insurance
and the Company's strong defenses to claims that it should be held
responsible for the subsidiary's obligations because of the
parent-subsidiary relationship, the Company believes it is not
probable that the Company will incur any material losses. All of
the asbestos cases pursued against the Company challenging the
parent-subsidiary relationship are in the early stages of
litigation. The Company has been successful to date having claims
naming it dismissed during initial proceedings. Since the Company
may be in this early stage of litigation for some time, it is not
possible to estimate additional losses or range of loss, if any."
Quaker Chemical Corporation develops, produces and markets a range
of formulated chemical specialty products for various heavy
industrial and manufacturing applications and, in addition, offers
and markets chemical management services.
ASBESTOS UPDATE: PPG Reported $642MM Current Liability at June 30
-----------------------------------------------------------------
PPG Industries, Inc., reported $642 million as a current asbestos
liability at June 30, 2012, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for
quarter ended June 30, 2012.
For over 30 years, PPG has been a defendant in lawsuits involving
claims alleging personal injury from exposure to asbestos. Most of
PPG's potential exposure relates to allegations by plaintiffs that
PPG should be liable for injuries involving asbestos-containing
thermal insulation products, known as Unibestos, manufactured and
distributed by Pittsburgh Corning Corporation ("PC"). PPG and
Corning Incorporated are each 50% shareholders of PC. PPG has
denied responsibility for, and has defended, all claims for any
injuries caused by PC products. As of April 16, 2000, PPG was one
of many defendants in numerous asbestos-related lawsuits involving
approximately 114,000 claims served on PPG.
On April 16, 2000, PC filed for Chapter 11 Bankruptcy in the U.S.
Bankruptcy Court for the Western District of Pennsylvania located
in Pittsburgh, Pennsylvania. On May 14, 2002, PPG announced that
it had agreed with several other parties, including certain of its
insurance carriers, the official committee representing asbestos
claimants in the PC bankruptcy, and the legal representatives of
future asbestos claimants appointed in the PC bankruptcy, on the
terms of a settlement arrangement relating to certain asbestos
claims against PPG and PC -- 2002 PPG Settlement Arrangement. On
March 28, 2003, Corning Incorporated announced that it had
separately reached its own arrangement with the representatives of
asbestos claimants for the settlement of certain asbestos claims
against Corning Incorporated and PC -- 2003 Corning Settlement
Arrangement.
A modified third amended PC plan of reorganization, including a
modified PPG settlement arrangement -- 2009 PPG Settlement
Arrangement -- was filed with the Bankruptcy Court on January 29,
2009. On June 16, 2011 the Bankruptcy Court issued a decision
denying confirmation of the third amended PC plan. Although
denying confirmation, PPG believes that the decision viewed
favorably many features of that plan.
Since the June 16, 2011 ruling, the third amended plan of
reorganization has been the subject of negotiations among the
parties in interest, amendments, proposed amendments and hearings.
On April 20, 2012, PC filed plan materials with proposed
amendments to the third amended PC plan of reorganization, which
PPG believes would, upon adoption as a final amended plan, resolve
all of the issues raised by the Bankruptcy Court in its June 16,
2011 ruling. On June 21, 2012, the Bankruptcy Court heard argument
regarding whether the remaining insurer objectors had standing to
continue to prosecute their objections to the plan materials. The
Bankruptcy Court did not rule at that time on the question of the
remaining insurer objectors' standing, but took the matter under
advisement. On July 17, 2012, the Bankruptcy Court issued an order
setting forth the schedule for finalizing an amended plan and
moving the PC bankruptcy reorganization proceedings forward.
Specifically, the Bankruptcy Court ordered that an amended plan of
reorganization be filed on or before August 20, 2012. The order
also provides for further proceedings in connection with potential
objections to that plan and schedules a hearing for October 10,
2012 for the purpose of determining whether an evidentiary hearing
on such amended PC plan of reorganization would be needed and for
arguments on objections, if any. PPG is working with PC and the
other interested parties toward the filing of an amended PC plan
of reorganization as ordered by the Bankruptcy Court. If an
amended PC plan of reorganization is not filed by August 20, 2012,
then the order provides that a rule to show cause hearing shall be
held on October 10, 2012 for the purpose of determining whether
the PC Chapter 11 bankruptcy case should be dismissed or converted
to a liquidation. PPG management believes that an amended plan
will be filed as ordered by the Bankruptcy Court and that the
October 10, 2012 proceedings will be for the purpose of
determining next steps toward confirmation of such plan.
The 2009 PPG Settlement Arrangement will not become effective
until an amended PC plan of reorganization is finally approved by
an appropriate court order that is no longer subject to appellate
review, and PPG's initial contributions will not be due until 30
business days thereafter.
While management believes that the vast majority of the
approximately 114,000 claims against PPG alleging personal injury
from exposure to asbestos relate to products manufactured,
distributed or sold by PC, the potential liability for any non-PC
Relationship Claims will be retained by PPG. Because a
determination of whether an asbestos claim is a non-PC
Relationship Claim would typically not be known until shortly
before trial and because the filing and prosecution of asbestos
claims (other than certain premises claims) against PPG has been
enjoined since April 2000, the actual number of non-PC
Relationship Claims that may be pending at the expiration of the
stay or the number of additional claims that may be filed against
PPG in the future cannot be determined at this time. PPG does not
expect the Bankruptcy Court to lift the stay until after
confirmation or rejection of the third amended PC plan of
reorganization, as amended. PPG intends to defend against all such
claims vigorously and their ultimate resolution in the court
system is expected to occur over a period of years.
PPG and its primary insurers have settled approximately 500
premises claims. PPG's insurers agreed to provide insurance
coverage for a major portion of the payments made in connection
with the settled claims, and PPG accrued the portion of the
settlement amounts not covered by insurance. PPG, in conjunction
with its primary insurers as appropriate, evaluates the factual,
medical, and other relevant information pertaining to additional
claims as they are being considered for potential settlement. The
number of such claims under consideration for potential
settlement, currently approximately 380, varies from time to time.
PPG has no obligation to pay any amounts under the third amended
PC plan of reorganization, as amended until the Funding Effective
Date. PPG's obligation under the 2009 PPG Settlement Arrangement
at December 31, 2008 was $162 million less than the amount that
would have been due under the 2002 PPG Settlement Arrangement.
PPG's reserve at June 30, 2012 and December 31, 2011 for asbestos-
related claims that will not be channeled to the Asbestos
Settlement Trust is $162 million. In addition, under the 2009 PPG
Settlement Arrangement, PPG will retain for its own account rights
to recover proceeds from certain historical insurance assets,
including policies issued by non-participating insurers. Rights to
recover these proceeds would have been assigned to the Trust by
PPG under the 2002 PPG Settlement Arrangement.
Of the total obligation of $873 million under the 2009 PPG
Settlement Arrangement at June 30, 2012, $642 million is reported
as a current liability and the present value of the payments due
in the years 2014 to 2023 totaling $231 million is reported as a
non-current liability in the accompanying condensed consolidated
balance sheet.
PPG Industries, Inc., is a global supplier of protective and
decorative coatings.
ASBESTOS UPDATE: Flowserve Corp. Still Defends PI Claims
--------------------------------------------------------
Flowserve Corporation continues to defend asbestos-related claims,
according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
June 30, 2012.
The Company states: "We are a defendant in a substantial number of
lawsuits that seek to recover damages for personal injury
allegedly caused by exposure to asbestos-containing products
manufactured and/or distributed by our heritage companies in the
past. While the overall number of asbestos-related claims has
generally declined in recent years, there can be no assurance that
this trend will continue, or that the average cost per claim will
not further increase. Asbestos-containing materials incorporated
into any such products were primarily encapsulated and used as
internal components of process equipment, and we do not believe
that any significant emission of asbestos fibers occurred during
the use of this equipment.
"Our practice is to vigorously contest and resolve these claims,
and we have been successful in resolving a majority of claims with
little or no payment. Historically, a high percentage of resolved
claims have been covered by applicable insurance or indemnities
from other companies, and we believe that a substantial majority
of existing claims should continue to be covered by insurance or
indemnities. Accordingly, we have recorded a liability for our
estimate of the most likely settlement of asserted claims and a
related receivable from insurers or other companies for our
estimated recovery, to the extent we believe that the amounts of
recovery are probable and not otherwise in dispute. While
unfavorable rulings, judgments or settlement terms regarding these
claims could have a material adverse impact on our business,
financial condition, results of operations and cash flows, we
currently believe the likelihood is remote. In one asbestos
insurance related matter, we have a claim in litigation against
relevant insurers substantially in excess of the recorded
receivable. If our claim is resolved more favorably than reflected
in this receivable, we would benefit from a gain in the amount of
such excess. We are currently unable to estimate the impact, if
any, of unasserted asbestos-related claims, although future claims
would also be subject to then existing indemnities and insurance
coverage."
Flowserve Corporation is a manufacturer and aftermarket service
provider of comprehensive flow control systems. Flowserve develops
and manufactures precision-engineered flow control equipment
integral to the movement, control and protection of the flow of
materials.
ASBESTOS UPDATE: TriMas Corp. Had 1,089 Pending Cases at June 30
----------------------------------------------------------------
As of June 30, 2012, TriMas Corporation was a party to 1,089
pending cases involving an aggregate of 7,911 claimants alleging
personal injury from exposure to asbestos containing materials
formerly used in gaskets (both encapsulated and otherwise)
manufactured or distributed by certain of the Company's
subsidiaries for use primarily in the petrochemical refining and
exploration industries, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended June 30, 2012.
Fiscal Year Ended Six Months Ended
December 31, 2011 June 30, 2012
----------------- ----------------
Claims pending at 8,200 8,048
beginning of period
Claims filed 476 185
during period
Claims dismissed 607 310
during period
Claims settled 21 12
during period
Average settlement $14,300 $17,858
amount per claim
during period
Total defense costs $2,510,000 $1,460,000
During period
The Company acquired various companies to distribute its products
that had distributed gaskets of other manufacturers prior to
acquisition. The Company believes that many of its pending cases
relate to locations at which none of its gaskets were distributed
or used.
The Company may be subjected to significant additional asbestos-
related claims in the future, the cost of settling cases in which
product identification can be made may increase, and the Company
may be subjected to further claims in respect of the former
activities of its acquired gasket distributors. The Company is
unable to make a meaningful statement concerning the monetary
claims made in the asbestos cases given that, among other things,
claims may be initially made in some jurisdictions without
specifying the amount sought or by simply stating the requisite or
maximum permissible monetary relief, and may be amended to alter
the amount sought. The large majority of claims do not specify the
amount sought. Of the 7,911 claims pending at
June 30, 2012, 77 set forth specific amounts of damages (other
than those stating the statutory minimum or maximum).
Total settlement costs (exclusive of defense costs) for all such
cases, some of which were filed over 20 years ago, have been
approximately $6.3 million. All relief sought in the asbestos
cases is monetary in nature. To date, approximately 40% of the
Company's costs related to settlement and defense of asbestos
litigation have been covered by its primary insurance. Effective
February 14, 2006, the Company entered into a coverage-in-place
agreement with its first level excess carriers regarding the
coverage to be provided to the Company for asbestos-related claims
when the primary insurance is exhausted. The coverage-in-place
agreement makes asbestos defense costs and indemnity coverage
available to the Company that might otherwise be disputed by the
carriers and provides a methodology for the administration of such
expenses. Nonetheless, the Company believes it is likely there
will be a period within the next one or two years, prior to the
commencement of coverage under this agreement and following
exhaustion of the Company's primary insurance coverage, during
which the Company will be solely responsible for defense costs and
indemnity payments, the duration of which would be subject to the
scope of damage awards and settlements paid.
Based on the settlements made to date and the number of claims
dismissed or withdrawn for lack of product identification, the
Company believes that the relief sought (when specified) does not
bear a reasonable relationship to its potential liability. Based
upon the Company's experience to date, including the trend in
annual defense and settlement costs incurred to date, and other
available information (including the availability of excess
insurance), the Company does not believe these cases will have a
material adverse effect on its financial position and results of
operations or cash flows.
TriMas Corporation designs, manufactures, and distributes various
products for commercial, industrial, and consumer markets
worldwide.
ASBESTOS UPDATE: Foster Wheeler Still Defends U.S. & U.K. Claims
----------------------------------------------------------------
Foster Wheeler AG had 124,680 open asbestos claims in the United
States and 299 open asbestos claims in the United Kingdom at
June 30, 2012, according to the Company's Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarterly
period ended June 30, 2012.
The Company states: "Some of our U.S. and U.K. subsidiaries are
defendants in numerous asbestos-related lawsuits and out-of-court
informal claims pending in the U.S. and the U.K. Plaintiffs claim
damages for personal injury alleged to have arisen from exposure
to or use of asbestos in connection with work allegedly performed
by our subsidiaries during the 1970s and earlier.
United States
"At June 30, 2012, there were 124,680 open claims in the United
States. Total U.S. asbestos-related liabilities at June 30, 2012,
were $269,699,000.
"Our estimated asbestos liability decreased during the first six
months of 2012 as a result of indemnity and defense cost payments
totaling approximately $28,600, partially offset by an increase of
$4,000 related to the accrual of our rolling 15-year asbestos-
related liability estimate. The total asbestos-related liabilities
are comprised of our estimates for our liability relating to open
(outstanding) claims being valued and our liability for future
unasserted claims through the second quarter of 2027.
"Over the last several years, certain of our subsidiaries have
entered into settlement agreements calling for insurers to make
lump-sum payments, as well as payments over time, for use by our
subsidiaries to fund asbestos-related indemnity and defense costs
and, in certain cases, for reimbursement for portions of out-of-
pocket costs previously incurred.
"As of June 30, 2012 and December 31, 2011, we have not recorded
an allowance for uncollectible balances against our asbestos-
related insurance assets. We write-off receivables from insurers
that have become insolvent; there have been no such write-offs
during the six months ended June 30, 2012 and 2011. During 2011,
we reached an agreement with an insurer that was under bankruptcy
liquidation and for which we had written-off our receivable prior
to 2011. The asset awarded under the bankruptcy liquidation for
this insurer was $4,500,000 and was included in our asbestos-
related assets as of December 31, 2011. This receivable was
subsequently collected during the first six months of 2012. Other
insurers may become insolvent in the future and our insurers may
fail to reimburse amounts owed to us on a timely basis. If we fail
to realize the expected insurance recoveries, or experience delays
in receiving material amounts from our insurers, our business,
financial condition, results of operations and cash flows could be
materially adversely affected.
"We expect to have net cash outflows of $7,900,000 during the full
year 2012 as a result of asbestos liability indemnity and defense
payments in excess of insurance settlement proceeds. This estimate
assumes no additional settlements with insurance companies and no
elections by us to fund additional payments.
"Based on our December 31, 2011 liability estimate, an increase of
25% in the average per claim indemnity settlement amount would
increase the liability by $47,700,000 and the impact on expense
would be dependent upon available additional insurance recoveries.
United Kingdom
"To date, 1,008 claims have been brought against our U.K.
subsidiaries, of which 299 remained open as of June 30, 2012. None
of the settled claims have resulted in material costs to us.
"Total United Kingdom asbestos-related liabilities were
$27,761,000 at June 30, 2012.
"The liability estimates are based on a U.K. House of Lords
judgment that pleural plaque claims do not amount to a compensable
injury and accordingly, we have reduced our liability assessment.
If this ruling is reversed by legislation, the total asbestos
liability recorded in the U.K. would be approximately $41,000,000,
with a corresponding increase in the asbestos-related asset.
Foster Wheeler AG operate through two business groups: the Global
Engineering and Construction Group (Global E&C Group), and its
Global Power Group. Foster Wheeler serves industries, including
oil and gas, oil refining, chemical/petrochemical, pharmaceutical;
environmental, metals and mining, power generation and power plant
operation and maintenance.
ASBESTOS UPDATE: Midwest Generation Had 218 Cases at June 30
------------------------------------------------------------
Edison International, Edison Mission Energy and Midwest
Generation, LLC, disclosed in their Form 10-Q filings with the
U.S. Securities and Exchange Commission for the quarterly period
ended June 30, 2012, that there were approximately 218 asbestos-
related cases for which Midwest Generation was potentially liable
that had not been settled and dismissed at June 30, 2012.
Midwest Generation entered into a supplemental agreement with
Commonwealth Edison and Exelon Generation Company LLC on
February 20, 2003 to resolve a dispute regarding interpretation of
Midwest Generation's reimbursement obligation for asbestos claims
under the environmental indemnities set forth in the Asset Sale
Agreement. Under this supplemental agreement, Midwest Generation
agreed to reimburse Commonwealth Edison and Exelon Generation for
50% of specific asbestos claims pending as of February 2003 and
related expenses less recovery of insurance costs, and agreed to a
sharing arrangement for liabilities and expenses associated with
future asbestos-related claims as specified in the agreement. The
obligations under this agreement are not subject to a maximum
liability. The supplemental agreement had an initial five-year
term with an automatic renewal provision for subsequent one-year
terms (subject to the right of either party to terminate);
pursuant to the automatic renewal provision, it has been extended
until February 2013. There were approximately 218 cases for which
Midwest Generation was potentially liable that had not been
settled and dismissed at June 30, 2012. Midwest Generation had
recorded a liability of $53 million at June 30, 2012 related to
this contractual indemnity, included in benefit plans and other
long-term liabilities on its consolidated balance sheets.
Edison International is a holding company of Southern California
Edison Company (SCE), a California public utility corporation and
Edison Mission Group Inc. (EMG), a power generation company.
Edison Mission Energy (EME) is a subsidiary of EMG. Midwest
Generation, LLC, is a subsidiary of EME that owns and/or leases,
and that operates, six electric power generating plants in
Illinois and supervises operation of the EME Homer City Generation
plant in Homer City, Pennsylvania.
ASBESTOS UPDATE: U.S. Steel Had 735 Active Cases at June 30
-----------------------------------------------------------
As of June 30, 2012, United States Steel Corporation was a
defendant in approximately 735 active asbestos-related cases
involving approximately 3,275 plaintiffs, according to the
Company's Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended June 30, 2012.
Many of these cases involve multiple defendants (typically from 50
to more than 100). About 2,570, or approximately 78%, of these
plaintiff claims are currently pending in jurisdictions which
permit filings with massive numbers of plaintiffs. Based upon U.S.
Steel's experience in such cases, it believes that the actual
number of plaintiffs who ultimately assert claims against U.S.
Steel will likely be a small fraction of the total number of
plaintiffs. During the six months ended June 30, 2012, U.S. Steel
paid approximately $7 million in settlements. These settlements
and other dispositions resolved approximately 80 claims. New case
filings in the first six months of 2012 added approximately 120
claims. At December 31, 2011, U.S. Steel was a defendant in
approximately 695 active cases involving approximately 3,235
plaintiffs. During 2011, U.S. Steel paid approximately $8 million
in settlements. These settlements and other dispositions resolved
approximately 130 claims. New case filings in the year ended
December 31, 2011 added approximately 275 claims. Most claims
filed in 2012 and 2011 involved individual or small groups of
claimants as many jurisdictions no longer permit the filing of
mass complaints.
Historically, these claims against U.S. Steel fall into three
major groups: (1) claims made by persons who allegedly were
exposed to asbestos at U.S. Steel facilities (referred to as
"premises claims"); (2) claims made by industrial workers
allegedly exposed to products manufactured by U.S. Steel; and (3)
claims made under certain federal and general maritime laws by
employees of former operations of U.S. Steel. In general, the only
insurance available to U.S. Steel with respect to asbestos claims
is excess casualty insurance, which has multi-million dollar
retentions. To date, U.S. Steel has received minimal payments
under these policies relating to asbestos claims. These asbestos
cases allege a variety of respiratory and other diseases based on
alleged exposure to asbestos. U.S. Steel is currently a defendant
in cases in which a total of approximately 245 plaintiffs allege
that they are suffering from mesothelioma. The potential for
damages against defendants may be greater in cases in which the
plaintiffs can prove mesothelioma.
In many cases in which claims have been asserted against U.S.
Steel, the plaintiffs have been unable to establish any causal
relationship to U.S. Steel or its products or premises; however,
with the decline in mass plaintiff cases, the incidence of
claimants actually alleging a claim against U.S. Steel is
increasing. In addition, in many asbestos cases, the claimants
have been unable to demonstrate that they have suffered any
identifiable injury or compensable loss at all; that any injuries
that they have incurred did in fact result from alleged exposure
to asbestos; or that such alleged exposure was in any way related
to U.S. Steel or its products or premises.
The amount U.S. Steel has accrued for pending asbestos claims is
not material to U.S. Steel's financial position. U.S. Steel does
not accrue for unasserted asbestos claims because it is not
possible to determine whether any loss is probable with respect to
such claims or even to estimate the amount or range of any
possible losses. The vast majority of pending claims against
U.S. Steel allege so-called "premises" liability-based alleged
exposure on U.S. Steel's current or former premises. These claims
are made by an indeterminable number of people such as truck
drivers, railroad workers, salespersons, contractors and their
employees, government inspectors, customers, visitors and even
trespassers. In most cases the claimant also was exposed to
asbestos in non-U.S. Steel settings; the relative periods of
exposure between U.S. Steel and non-U.S. Steel settings vary with
each claimant; and the strength or weakness of the causal link
between U.S. Steel exposure and any injury vary widely as do the
nature and severity of the injury claimed.
It is not possible to predict the ultimate outcome of asbestos-
related lawsuits, claims and proceedings due to the unpredictable
nature of personal injury litigation. Despite this uncertainty,
management believes that the ultimate resolution of these matters
will not have a material adverse effect on U.S. Steel's financial
condition, although the resolution of such matters could
significantly impact results of operations for a particular
quarter. Among the factors considered in reaching this conclusion
are: (1) the generally declining trend in the number of claims;
(2) that it has been many years since U.S. Steel employed maritime
workers or manufactured or sold asbestos containing products; and
(3) U.S. Steel's history of trial outcomes, settlements and
dismissals.
United States Steel Corporation produces and sells steel mill
products, including flat-rolled and tubular products, in North
America and Central Europe. Operations in North America also
include transportation services (railroad and barge operations)
and real estate operations.
ASBESTOS UPDATE: TRW Automotive Units Continue to Defend Claims
---------------------------------------------------------------
TRW Automotive Holdings Corp.'s subsidiaries continue to defend
asbestos-related claims, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended June 29, 2012.
While certain of the Company's subsidiaries have been subject in
recent years to asbestos-related claims, management believes that
such claims will not have a material adverse effect on the
Company's financial statements. In general, these claims seek
damages for illnesses alleged to have resulted from exposure to
asbestos used in certain components sold in the past by the
Company's subsidiaries. Management believes that the majority of
the claimants were vehicle mechanics. The vast majority of these
claims name as defendants numerous manufacturers and suppliers of
a variety of products allegedly containing asbestos. Management
believes that, to the extent any of the products sold by the
Company's subsidiaries and at issue in these cases contained
asbestos, the asbestos was encapsulated. Based upon several years
of experience with such claims, management believes that only a
small proportion of the claimants has or will ever develop any
asbestos-related illness.
Neither settlement costs in connection with asbestos claims nor
annual legal fees to defend these claims have been material in the
past. These claims are strongly disputed by the Company and it has
been its policy to defend against them aggressively. Many of these
cases have been dismissed without any payment whatsoever.
Moreover, there is significant insurance coverage with solvent
carriers with respect to these claims. However, while costs to
defend and settle these claims in the past have not been material,
there can be no assurances that this will remain so in the future.
TRW Automotive Holdings Corp. is among the world's largest and
most diversified suppliers of automotive systems, modules and
components to global automotive original equipment manufacturers
and related aftermarkets. The Company conducts substantially all
of its operations through subsidiaries. These operations primarily
encompass the design, manufacture and sale of active and passive
safety related products.
ASBESTOS UPDATE: Ashland Inc. Had 69 Open Claims at June 30
-----------------------------------------------------------
Ashland Inc. had 69 open asbestos-related claims at June 30, 2012,
according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
June 30, 2012.
The claims alleging personal injury caused by exposure to asbestos
asserted against Ashland result primarily from indemnification
obligations undertaken in 1990 in connection with the sale of
Riley Stoker Corporation, a former subsidiary.
During the most recent annual update of the Company's best
estimate of future payments for litigation defense and claim
settlement costs, completed during the June 2012 quarter, it was
determined that the liability for asbestos claims should be
increased by $11 million. Total reserves for asbestos claims were
$529 million at June 30, 2012 compared to $543 million at
September 30, 2011.
Ashland has insurance coverage for most of the litigation defense
and claim settlement costs incurred in connection with its
asbestos claims, and coverage-in-place agreements exist with the
insurance companies that provide most of the coverage currently
being accessed. As a result, increases in the asbestos reserve
have been largely offset by probable insurance recoveries. The
amounts not recoverable generally are due from insurers that are
insolvent, rather than as a result of uninsured claims or the
exhaustion of Ashland's insurance coverage.
For the Ashland asbestos-related obligations, Ashland has
estimated the value of probable insurance recoveries associated
with its asbestos reserve based on management's interpretations
and estimates surrounding the available or applicable insurance
coverage, including an assumption that all solvent insurance
carriers remain solvent. Approximately 69% of the estimated
receivables from insurance companies are expected to be due from
domestic insurers, of which approximately 84% have a credit rating
of B+ or higher by A. M. Best, as of June 30, 2012. The remainder
of the insurance receivable is due from London insurance
companies, which generally have lower credit quality ratings, and
from Underwriters at Lloyd's, whose insurance policy obligations
have been transferred to a Berkshire Hathaway entity. Ashland
discounts this piece of the receivable based upon the projected
timing of the receipt of cash from those insurers unless likely
settlement amounts can be determined.
During 2010, Ashland entered into a new agreement with a number of
London market insurance companies with respect to coverage for
asbestos-related insurance claims. As a result, a $12 million
increase to the Ashland asbestos receivable was recorded within
the Condensed Consolidated Balance Sheet, which had a $9 million
(after-tax) effect on the Statement of Consolidated Income within
the discontinued operations caption. During the nine months ended
June 2012, Ashland received $7 million in cash after reaching a
settlement with certain insolvent London market insurance
companies.
At June 30, 2012, Ashland's receivable for recoveries of
litigation defense and claim settlement costs from insurers
amounted to $426 million, of which $54 million relates to costs
previously paid. Receivables from insurers amounted to $431
million at September 30, 2011. During the June 2012 quarter, the
annual update of the model used for purposes of valuing the
asbestos reserve, and its impact on valuation of future recoveries
from insurers, was completed. This model update resulted in an
additional $19 million increase in the receivable for probable
insurance recoveries.
Ashland Inc. operates as a specialty chemicals company in the
United States and internationally.
ASBESTOS UPDATE: Ashland Unit Had 21 Open Claims at June 30
-----------------------------------------------------------
Ashland Inc.'s wholly-owned subsidiary Hercules had 21 open
asbestos-related claims at June 30, 2012, according to the
Company's Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended June 30, 2012.
Hercules, a wholly owned subsidiary of Ashland, has liabilities
from claims alleging personal injury caused by exposure to
asbestos. Such claims typically arise from alleged exposure to
asbestos fibers from resin encapsulated pipe and tank products
which were sold by one of Hercules' former subsidiaries to a
limited industrial market. The amount and timing of settlements
and number of open claims can fluctuate significantly from period
to period.
During the most recent annual update of the best estimate of
future payments for litigation defense and claim settlement costs,
completed during the June 2012 quarter, it was determined that the
liability for Hercules asbestos related claims should be increased
by $30 million. Total reserves for asbestos claims were $326
million at June 30, 2012 compared to $311 million at September 30,
2011.
As of June 30, 2012 and September 30, 2011, the receivables from
insurers amounted to $56 million and $48 million, respectively.
As previously mentioned, during the June 2012 quarter, the annual
update of the model used for purposes of valuing the asbestos
reserve and its impact on valuation of future recoveries from
insurers was completed. This model update caused a $9 million
increase in the receivable for probable insurance recoveries.
Ashland has currently estimated in various models ranging from
approximately 40 to 50 year periods that it is reasonably possible
that total future litigation defense and claim settlement costs on
an inflated and undiscounted basis could range as high as
approximately $830 million for the Ashland asbestos-related
litigation and approximately $500 million for the Hercules
asbestos-related litigation (or approximately $1.3 billion in the
aggregate), depending on the combination of assumptions selected
in the various models. If actual experience is worse than
projected, relative to the number of claims filed, the severity of
alleged disease associated with those claims or costs incurred to
resolve those claims, Ashland may need to further increase the
estimates of the costs associated with asbestos claims and these
increases could be material over time.
Ashland Inc. operates as a specialty chemicals company in the
United States and internationally.
ASBESTOS UPDATE: Hundreds of Fibro Exposure Claims Eyed at Nassau
-----------------------------------------------------------------
Pat Guth for the Mesothelioma Cancer Alliance reports that
contractors at Long Island's famed Nassau Coliseum -- home to the
NY Islanders -- are beginning to remove asbestos materials from
non-public areas in the structure, this following much to-do about
six months ago that had patrons of the arena questioning whether
or not they were putting their health at risk by attending games
there.
According to a Newsday article, workers are removing the asbestos
material from the loading dock and machine room. Once that's
complete, an engineering firm will be hired to help determine what
has to be done in other areas of the Coliseum, which has long
played host to the local NHL hockey team as well as other sporting
events, concerts, family shows, and more.
The state Department of Labor and the U.S. Occupational Safety and
Health Administration began investigating reports of exposed
asbestos materials last March, causing controversy and resulting
in the closure of the structure for a short time. However, Nassau
County Attorney John Ciampoli says "air in the public areas has
been tested and is safe."
"After state and federal investigations, the county has not
received any reports indicating a threat to air quality in public
areas," county Public Works commissioner Shila Shah-Gavnoudias
said.
"We did extensive renovation in many parts of the Coliseum," added
Chief Deputy County Executive Rob Walker. "We submitted a work
plan to the state and they approved it."
Nonetheless, 81 Nassau Coliseum workers have already filed
asbestos exposure claims, stating that exposure to the material
has placed them in danger of developing diseases such as
asbestosis and mesothelioma. That number is expected to reach a
few hundred by the time all claims are filed, said Ciampoli.
ASBESTOS UPDATE: Parties Await Resolution for Bechtel Fibro Issue
-----------------------------------------------------------------
ABC News reports that talks continued on Aug. 2 on what to do with
asbestos on a central Queensland worksite.
The United States firm Bechtel is building several LNG processing
plants on Curtis Island, near Gladstone.
Tests show pre-built electrical switch rooms imported by Bechtel
from Indonesia contain white asbestos -- which is a banned import.
The Electrical Trades Union (ETU) says up to 90 workers were
exposed, and members who refused to work while testing was
underway had their wages docked.
Bechtel says they were offered alternative work.
ETU spokesman Peter Ong says workers are waiting for the findings
of an independent audit commissioned by the company.
"If the recommendation is the asbestos needs to be removed then
Bechtel have agreed to remove it," Mr. Ong said.
Mr. Ong says the workers are also waiting for a decision in
relation to their lost wages.
"They've said look we'll donate half of the day's wages to the
Asbestos Foundation and get Bechtel to match it," Mr. Ong said.
"They're coming back to me hopefully with an answer on that."
ASBESTOS UPDATE: No Fibro Emission at Hill and Plain School Blaze
-----------------------------------------------------------------
Susan Tuz at newstimes.com reports that no asbestos was released
July 19 when a fire broke out in the boiler room on the south side
of Hill and Plain School, a school district official said.
"There was concern because asbestos abatement was scheduled to be
occurring in the basement, but that abatement had not begun yet,"
John Calhoun, director of facilities for the town's school
district, said Tuesday, July 31.
"The air quality has been tested several times and all the tests
came back negative," Calhoun said. "A cleanup crew is cleaning
smoke off of the walls in affected areas. Cleanup should be
completed shortly."
The town Fire Marshal's Office is conducting an investigation into
the cause of the fire that occurred after the third day of work to
replace two aging boilers at the school.
The work crew had left for the day when the fire broke out.
ASBESTOS UPDATE: Frankfort Buildings Fibro-Free During Blaze
------------------------------------------------------------
Amanda Fries of The Observer-Dispatch reports that a former
manufacturing site anticipated to be demolished soon began
crumbling Wednesday, Aug. 1, after multiple buildings caught fire
at Union Tools, formerly Union Fork & Hoe in Frankfort, N.Y.
The industrial site has been undergoing remediation -- including
asbestos abatement -- and was set to be demolished possibly at the
end of the month, said Steve Litwhiler, spokesman for the
Department of Environmental Conservation.
"Asbestos abatement has been under way for almost a month and was
near completion," Litwhiler wrote in an email. "For the buildings
reported to be involved in the fire, the asbestos program was
complete or not needed due to a lack of asbestos."
Numerous buildings, many of which were beginning to crumble not
long into the 1:30 p.m. fire, sustained damage as at least two
dozen fire departments from four counties battled the inferno.
The cause is not yet known.
Coupled with the large blaze, firefighters also had to take
caution due to the possibility of contaminates, village fire
Assistant Chief Matt Palumbo said.
"The asbestos is potentially hazardous to the firefighters only,"
he said.
Litwhiler said a department officer was on site and monitored the
situation.
"At this time, there are no known hazards other than those
associated with any large fire," he said.
Litwhiler said that demolition preparation had begun with workers
stripping the buildings of all material except wood, brick, steel
and concrete.
He said there were a few contractors on site when the blaze broke
out, but they escaped uninjured. They were working on the
demolition setup, he added.
Multiple agencies were called to supply manpower and water,
Palumbo said. Most fire departments within a 20-mile radius were
called to the scene.
At 4 p.m., officials at the scene still were requesting water
tankers from other departments and could be seen hauling in water
to the 102 Industrial Drive site. A fire hydrant on the street
also was in use. Assisting fire departments didn't start leaving
the scene until nightfall.
Because the fire was so large, firefighters were battling it from
a safe distance on the ground and by use of aerial ladders.
"It's an aggressive, defensive attack," Palumbo said. "Our main
concern is cutting it off and making sure it didn't spread
farther."
Palumbo said at one point firefighters had to cease aerial attacks
due to inclement weather, which brought heavy rain and lightning.
Nearby, Turbo Machined Products on Industrial Drive was evacuated,
office manager Erin Cartmell said.
She said the building was sprayed because it got so hot.
It could not be learned Wednesday what the blaze could mean for
demolition of the site, and officials from Ames True Temper, owner
of the site, could not be reached immediately.
The cause of the fire is under investigation, Palumbo said, adding
he couldn't speculate on whether it was suspicious.
Union Tools began as Union Fork & Hoe Co. in 1907 and evolved into
Frankfort's largest manufacturer, employing several hundred people
at one point. Over the decades, workers streamed into the factory
as garden tools and related products poured out.
Since its closure in 2006, the property has been on the DEC list
for remediation that was needed due to the dumping of solvents on
the plant property, which contaminated groundwater and the public
well field.
Helen Tripple said she and her daughters were walking to a nearby
prayer garden when they noticed thick black smoke coming from the
old industrial building.
"We were the first ones here when the fire started," Tripple said.
"You could feel the heat."
Tripple has lived on Sheldon Avenue -- a short distance from Union
Tools -- for more than 60 years.
"It was a big part of this community," Tripple's daughter Regina
Cole said. "A lot of relatives worked there."
ASBESTOS UPDATE: Zurn Industries, 52 Others Face Lawsuit
--------------------------------------------------------
Kyla Asbury of The West Virginia Record reports that a Buffalo
woman is suing 53 companies she claims are responsible for her
husband's lung cancer and death.
On Sept. 2, 2011, James Reilly was diagnosed with lung cancer,
from which he died on April 27, according to a complaint filed
July 17 in Kanawha Circuit Court.
Lillian Reilly claims he was exposed to asbestos during his
employment as a welder and millwright from 1965 until 1997.
The defendants failed to warn James Reilly about the dangers of
asbestos, according to the suit.
Lillian Reilly claims the defendants also failed to supply James
Reilly with proper apparel to wear while handling asbestos.
The defendants are being sued based on theories of negligence,
contaminated buildings, breach of expressed/implied warranty,
strict liability, intentional tort, conspiracy, misrepresentation
and post-sale duty to warn, according to the suit.
Lillian Reilly is seeking a jury trial to resolve all issues
involved. She is being represented by Thomas P. Maroney and
Victoria L. Antion.
The case has been assigned to a visiting judge.
The 53 companies named as defendants are A.W. Chesterton Company;
Air & Liquid Systems Corporation; Armstrong International, Inc.;
Aurora Pump Company; Copes-Vulcan, Inc.; Crane Co.; Dravo
Corporation; Eaton Electrical, Inc.; Flowserve U.S., Inc. f/k/a
Durco International, Inc.; Flowserve U.S., Inc. f/k/a Flowserve
FSD Corporation; FMC Corporation; Foster Wheeler Energy
Corporation; General Electric Company; Goulds Pumps, Inc.;
Grinnell, LLC; Hercules, Inc.; Honeywell, Inc.; Howden North
America, Inc.; IMO Industries, Inc.; Inductotherm Industries,
Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT
Corporation; Joy Technologies, Inc.; Lockheed Martin Corporation;
McJunkin Corporation; Morgan Engineering Systems, Inc.; Nitro
Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.;
P&H Mining Equipment, Inc.; Rapid American Corporation; Reading
Crane and Engineering Company; Riley Power, Inc.; Rust
Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust
International, Inc.; Schneider Electric USA, Inc.; State Electric
Supply Company; Sterling Fluid Systems (USA), LLC; Sunbeam
Corporation; Surface Combustion, Inc.; Swindell Dressier
International Corporation; Tasco Insulations, Inc.; The Alliance
Machine Company; UB West Virginia, Inc.; Uniroyal, Inc.; United
Engineers & Constructors and Washington Group International;
Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; West
Virginia Electric Supply Company; Yarway Corporation; and Zurn
Industries, Inc.
Kanawha Circuit Court case number: 12-C-1382.
ASBESTOS UPDATE: Yarway Corp., 53 Others Face Lawsuit
-----------------------------------------------------
Kyla Asbury of The West Virginia Record reports that a Phelps,
Ky., couple is suing 54 companies they claim are responsible for a
lung cancer diagnosis.
On Sept. 29, 2011, Randy Carson Fields was diagnosed with lung
cancer, according to a complaint filed July 17 in Kanawha Circuit
Court.
Fields claims he was exposed to asbestos during his employment at
various mining and coal companies from 1963 until 1987.
The defendants failed to warn Fields about the dangers of
asbestos, according to the suit.
Fields claims the defendants also failed to supply him with proper
apparel to wear while handling asbestos.
The defendants are being sued based on theories of negligence,
contaminated buildings, breach of expressed/implied warranty,
strict liability, intentional tort, conspiracy, misrepresentation
and post-sale duty to warn, according to the suit.
Fields and his wife, Mabel Lou Fields, is seeking a jury trial to
resolve all issues involved. They are being represented by
Victoria L. Antion, Scott A. McGee -- smcgee@motleyrice.com -- and
Bronwyn I. Rinehart -- brinehart@jfhumphreys.com
The case has been assigned to a visiting judge.
The 54 companies named as defendants are 3M Company; A.W.
Chesterton Company; Aurora Pump Company; Borg-Warner Corporation;
Caterpillar Inc.; Certainteed Corporation; Cleaver-Brooks Company,
Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton
Electrical, Inc.; Flowserve FSD Corporation; Flowserve U.S., Inc.;
FMC Corporation; Ford Motor Company; Foster Wheeler Energy
Corporation; Gardner Denver, Inc.; General Electric Company;
Genuine Parts Company; Goulds Pumps; Grinnell, LLC; Honeywell
International; IMO Industries, Inc.; Industrial Holdings
Corporation; Ingersoll-Rand; ITT Corporation; Joy Technologies,
Inc.; McJunkin Red Man Corporation; Metropolitan Life Insurance
Company; Mine Safety Appliances Company; Nacco Materials Handling
Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.;
P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo
Abex Corporation; Premier Refractories, Inc.; Rapid-American
Corporation; Riley Power, Inc.; Rockwell Automation, Inc.;
Schneider Electric USA, Inc.; Sears, Roebuck And Co.; State
Electric Supply Company; Sterling Fluid Systems (USA), LLC; Tasco
Insulations, Inc; The Goodyear Tire & Rubber, Co.; Uniroyal, Inc.;
United Conveyor Corporation; Viacom, Inc.; Vimasco Corporation;
West Virginia Electric Supply Company; Yale Materials Handling
Corporation; Yarway Corporation; and Zurn Industries, LLC.
Kanawha Circuit Court case number: 12-C-1388.
ASBESTOS UPDATE: Meso Victim Seeks Help From Peers at Musselwhite
-----------------------------------------------------------------
Chris Gregory at ThisisHampshire.net reports that a former
Basingstoke carpenter is appealing for help after he was diagnosed
with an asbestos-related cancer.
Martin Woodhouse, who now lives in Melbourne, Australia, was
diagnosed with mesothelioma, an aggressive form of cancer caused
by exposure to asbestos, in September last year.
The 66-year-old claims he was exposed to the deadly building
material when he worked as an apprentice carpenter from 1961 to
1966 with Musselwhite and Sons.
The building firm was based in Eastrop Lane, Eastrop, at the time
and was taken over in the late 1960s.
Mr. Woodhouse has now begun a legal claim and wants to speak to
former colleagues.
In particular, he wants to track down anyone who can help trace
who insured the company at the time of his employment.
David Easton -- deaston@leighday.co.uk -- a specialist industrial
disease lawyer with Leigh Day and Co, who is representing Mr.
Woodhouse, said: "Martin was just approaching retirement, and the
diagnosis has been absolutely devastating for him and his family.
"We are appealing for anyone who may have worked with Martin, or
has information about the company which may assist in our
investigations, to contact us."
The cancer is almost exclusively caused by inhalation of asbestos
fibers, and symptoms of the disease can occur many years after
inhalation.
ASBESTOS UPDATE: UNSW Researchers Develop New Meso-Detector
-----------------------------------------------------------
ABC News reports that Australian researchers have successfully
used an electronic nose in a diagnostic breath test for the deadly
mesothelioma cancer.
Researchers at the University of New South Wales modified an
electronic nose to identify the disease, which is caused by
exposure to asbestos, in its early stages.
Associate Professor Deborah Yates says the small study had a high
rate of accuracy.
"We have been able to distinguish between people who do not have
any diseases and those who have so called benign asbestos diseases
like pleura plaques, and malignant mesothelioma of the pleura,"
she said.
"What we now need to do is look at a larger number of patients.
Ideally [we would] follow a larger number of patients who have had
asbestos exposure who had not actually developed any disease, and
see whether [the tool] could actually prospectively pick up the
different diseases and distinguish them from mesothelioma."
ASBESTOS UPDATE: Authorities Arrest Notorious NJ Contractor
-----------------------------------------------------------
Kathryn Brenzel of The Express-Times reports that a Middlesex
County man was arrested on Aug. 2 on charges he released asbestos
into a New Jersey day care and nine homes and removed the cancer-
causing substance from Hackettstown and Union Township schools
without a license, authorities said.
William T. Muzzio Jr., 50, of Woodbridge, N.J., removed asbestos
in July 2011 in the Hatchery Hill Elementary and Willow Grove
schools in Hackettstown and Union Township Middle School in
Hunterdon County, the New Jersey Attorney General's Office
announced.
Muzzio did not have a license for the work at the time, according
to court documents.
Authorities allege that from April 2011 to February 2012, Muzzio
illegally removed or sealed asbestos at 36 locations, including a
Union County day care, 13 schools, 21 homes and an apartment
complex. Toxic material was released in 10 of the locations,
according to the court documents.
The schools in Warren and Hunterdon counties are not among the
10 places where asbestos was allegedly released. Peter Aseltine,
spokesman for the attorney general's office, declined to comment
on whether contamination at the remaining 26 locations was a
concern.
"We conducted a thorough investigation," he said. "At this point,
we have only charged that toxic material was released at the 10
locations."
Hackettstown school officials said Muzzio was hired to remove
asbestos-containing tile from the nurse's office at Willow Grove
and a classroom and a faculty bathroom at Hatchery Hill, projects
that collectively cost $6,775, said Teresa Barna, the district's
business administrator. Another person was contracted to replace
the tiles.
Air samples were taken from the area in April after the school was
notified of Muzzio's alleged crimes, Barna said. Evacuation plans
were in place, but were unnecessary, as no asbestos was found, she
said.
District leaders said swift action was taken to assure the safety
of students and faculty.
"At no point was anybody's health in jeopardy, neither staff nor
students," said Mike Herbst, school board president.
Union Township school officials did not return calls for comment.
Authorities began investigating Muzzio and his business, Citadel
Environmental Consultants, in March after asbestos was discovered
in the boiler room of the Union County day care, according to
reports.
Muzzio removed pipe insulation, which contained asbestos, without
a license, the New Jersey Department of Health and Senior Services
reported. This led authorities to discover that Muzzio removed
cancer-causing material in Morris, Hunterdon, Warren, Monmouth and
Ocean counties, according to court documents.
The nine homes where Muzzio allegedly released asbestos are in
Middlesex, Union, Essex and Hudson counties.
"Muzzio was well aware of the dangers posed by asbestos and the
fact that a licensed professional must remove it," Attorney
General Jeffrey Chiesa said in a statement. "But we allege that
he repeatedly ignored those dangers and risked exposing
schoolchildren and residents across New Jersey in order to enrich
himself."
Muzzio faces 10 counts of unlawful release of a toxic pollutant,
36 counts of violating the state Asbestos Control and Licensing
Act, one count of theft by deception and two counts of uttering a
forged document.
He was sent to the Union County jail in lieu of $75,000 bail.
ASBESTOS UPDATE: ETU Considers Taking Bechtel Dispute to Court
--------------------------------------------------------------
William Rollo of ABC News reports that the Electrical Trades Union
(ETU) says it may take a wage dispute relating to asbestos at a
central Queensland construction site to the Federal Court.
U.S. firm Bechtel is building several liquefied natural gas
processing plants on Curtis Island, near Gladstone.
Tests show pre-built electrical switch rooms imported by Bechtel
from Indonesia contain white asbestos -- which is a banned import.
The union says staff who refused to work until the tests came back
had their pay cut.
Peter Ong from the ETU says the court action is being considered
because an outcome was not reached in a Fair Work Australia
hearing.
"The current agreement that covers the projects being built at
Curtis Island is a WorkChoices agreement, so it was made in 2009,"
Mr. Ong said.
"That agreement doesn't allow for arbitration, so it doesn't allow
for the commissioners to actually make a call or make a judgment
on it unless both parties agree to arbitration."
Bechtel's Kevin Berg says the workers were offered alternative
work while the tests were carried out.
He says the importation of asbestos was unintentional.
"Our traditional or normal sort of procurement activity, including
with this supplier, requires basically that the supplier build it
in accordance with the Australian rules and regulations and
importation laws," Mr. Berg said.
"So it actually calls out by name that no asbestos be included."
Mr. Berg says steps are being taken to ensure the situation does
not happen again.
"We've put the supplier on notice obviously that there's a
violation of the conditions that they were obligated to meet for
us and that they've put us in a very difficult position here," he
said.
"There will be a complete review of our relationship with this
supplier definitely but also any suppliers in the future that we
would even consider if they would be coming from Indonesia in
particular."
Mr. Ong says members are disappointed Bechtel has not shown
goodwill by admitting its handling of the situation was wrong and
agreeing to pay workers their lost wages.
"Now that's not happening all, that's left up to our side of
things . . . to take it to the Federal Court," he said.
ASBESTOS UPDATE: Ex-Supervisor Commits Bribery, Violates EPA, HUD
-----------------------------------------------------------------
Sandy Smith at EHS Today reports that William Morgan, the former
supervisor of Royal Oak Township, a suburb of Detroit, was
sentenced in federal court to 3 years in prison for violating the
Clean Air Act's asbestos requirements and other crimes.
Morgan previously had entered a guilty plea to charges that he
conspired to defraud the U.S. Department of Housing and Urban
Development (HUD), violate the Clean Air Act's asbestos
requirements and commit bribery.
"It is reprehensible that a public official made asbestos
abatement decisions based on a bribe, not on what was needed to
protect the health of the community," said Randall Ashe, special
agent in charge of EPA's criminal enforcement program in Michigan.
"The sentence shows that government officials who attempt to line
their pockets rather than carry out their responsibilities
honestly will be prosecuted to the full extent of the law."
Asbestos is a mineral fiber that has been used commonly in a
variety of building construction materials. When asbestos-
containing materials are damaged or disturbed by repair,
remodeling or demolition activities, microscopic fibers become
airborne and can be inhaled into the lungs, where they can cause
serious health problems.
Morgan's criminal conduct involved the awarding of a contract and
distribution of federal funds that were intended to be used by
communities for the improvement of blighted areas by removing
dilapidated buildings. The funding was received through HUD's
Neighborhood Stabilization Program (NSP). Morgan, in addition to
being Township supervisor, was also Royal Oak's coordinator for
NSP.
Prior to the awarding of the contract, Morgan had received a
$10,000 bribe from Sureguard/PBM, one of the companies that
submitted a bid for the demolition and asbestos removal of an
abandoned theater on Eight Mile road. In return for the bribe,
Morgan attempted to steer the contract to Sureguard/PBM.
Despite Morgan's efforts, Royal Oak's Board of Supervisors awarded
the contract to another company, which had submitted a lower bid.
During the demolition process, Morgan asked for and received cash
payments of $500 and $1,000 from the owner of the company that had
won the contract. Morgan received these payments under the belief
that they were in return for his approval of a change order
covering the asbestos abatement that fraudulently inflated the
cost of the work.
"Any public official, in city or suburb, who works to enrich
himself at the expense of the public will be detected and
prosecuted," U.S. Attorney Barbara L. McQuade said. "It is
particularly disturbing when an official not only takes bribes but
also endangers community health and the environment by allowing
the bribes to influence abatement decisions."
One of Morgan's co-conspirators, Terrance Parker, received a
sentence of 21 months. Two other co-conspirators, Kendrick
Covington and Marcus Brown, have yet to be sentenced.
The case was investigated by special agents of the Federal Bureau
of Investigation, HUD's Office of the Inspector General and EPA's
Criminal Investigation Division.
ASBESTOS UPDATE: Suspected Fibro Shuts Down Former Youth Centre
---------------------------------------------------------------
CBC News - Newfoundland & Labrador reports that the former youth
centre in Labrador City was shut down Thursday, Aug. 2 when crews
discovered what is believed to be asbestos.
Mayor Karen Oldford says workers were doing upgrades in the
building at the time.
Oldford said testing was scheduled for Friday, and results are
expected within the next week. Until then, the building will
remain closed.
The renovations are being done to accommodate the local gymnastics
club.
ASBESTOS UPDATE: Fibro Shuts Sneaker World, Theater in Liberty
--------------------------------------------------------------
Leonard Sparks of The Times Herald-Record relates that Sneaker
World's second store in the Village of Liberty was supposed to
last longer than a pair of new Nikes.
But one month after a ceremony marking the opening of the
Monticello-based company's new store in a renovated space on Main
Street, the sign over the door is gone and brown paper covers the
windows from the inside. Taped outside is a state Department of
Labor notice announcing "unlicensed asbestos work," left there by
an inspector who also shut down the renovation of the nearby
Liberty Theater for the same reason.
The letter-size piece of paper could end up marking the end of
Sneaker World's brief presence in Liberty, even as building owner
Peter Belgard undertakes a cleanup to satisfy the state.
"Everything is kind of in a holding pattern right now," Sneaker
World owner Jesse Deitchman said. "I haven't made a decision
yet."
Sneaker World's move to the village earned a $50,000 loan from the
Sullivan County Partnership for Economic Development and praise
from town and village officials eager to see one less empty
storefront on Main Street. Deitchman expanded to Liberty in
April, moving into a building renovated using part of $500,000 the
village received through the state's Main Street program, which
gives grants to property owners for renovation work.
The owner of the Liberty Theater also received a grant. So far,
the owner has removed the marquee and started renovating
storefronts that are part of the theater property.
A grand-opening ceremony for Sneaker World took place June 29.
But weeks later, the store was forced to close after an inspection
by the DOL's Asbestos Control Bureau. The state would not release
details of the inspector's report, citing an ongoing
investigation, but Belgard said asbestos was found in the
basement.
"It's temporary," he said of the closure. "We have to get it
removed, and that's what we're doing."
Mayor Richard Winters lamented the situation facing both
properties. If Sneaker World does not reopen, its loss would be a
setback for a village pushing to bring more business to Main
Street, he said.
"We're trying to make Main Street better, and then we have to have
something like this put a stop to everything," Winters said.
ASBESTOS UPDATE: Asbestos Valued Throughout World History
---------------------------------------------------------
Sokolove Law relates that many hazardous materials -- like nuclear
waste, radioactive waste and pesticides -- are man-made problems.
However, asbestos is a naturally-occurring mineral that humans
have been using for more than 4,500 years. The Ancient Greeks
named the substance after the Greek word for 'unquenchable,' due
to its flame-retardant properties. Ancient cultures around the
world used asbestos to create clothing, cookware, and shrouds. It
is even said that the wicks used in 'eternal flames' were created
from asbestos.
Over the years, a few rulers have been purported to use asbestos
tablecloths or napkins to impress their followers. The most
frequently referenced of these is Charlemagne, King of the Franks
and Emperor of the Romans in the late 700s. After every feast, he
is said to have removed the asbestos tablecloth and tossed it into
the fire, whereupon the stains and crumbs burned but the cloth was
unharmed. Several of his followers attributed magical powers to
Charlemagne based on this display.
Unusual uses for asbestos aren't just ancient history. In the
'30s, '40s and '50s, asbestos was touted as the perfect decoration
for Christmas trees. It was heat-resistant and didn't catch fire
like other substances used in ornaments. Asbestos fibers were
often sold as 'fake snow,' and were even used in the classic movie
"The Wizard of Oz."
Asbestos use boomed during the Industrial Age, with new and
creative patents filed frequently. After World War II, one
company promoted a toothpaste containing asbestos, and another
touted its dental tape. Surgeons even used asbestos-containing
threads to perform everything from basic stitches to heart
surgery.
Even now, lower-income countries use asbestos extensively in the
production of brake pads, insulation, and cement roofing. With
few restrictions and practically no reinforcement of the safety
standards, the option of cheap, durable material is hard to pass
up.
Several countries have banned the use of asbestos, but some older
products may still be contaminated. If you have family heirlooms
or antiques that may contain asbestos, call Sokolove Law today for
a free legal consultation regarding a potential mesothelioma
lawsuit. For legal help, call (800) 581-6358.
ASBESTOS UPDATE: OSHA Investigates Best-Tec Worker's Death
----------------------------------------------------------
Cynthia Roldan of The Palm Beach Post reports that authorities
have identified the local construction worker who died Thursday
night (Aug. 2), hours after falling at least 15 feet while working
inside the Palm Beach Mall.
Juan Arias had just celebrated his 38th birthday on Wednesday,
Aug. 1. Thursday, he toppled 15 to 20 feet from a scissor lift,
an aerial platform often used by maintenance and construction
workers, onto the concrete floor inside the mall, said Allan
Ortman, West Palm Beach city spokesman.
Arias worked for Best-Tec Asbestos Abatement, a company based in
Boynton Beach, Ortman said.
Arias was removing asbestos near the old Sears automotive garage
at the mall, which is on Palm Beach Lakes Boulevard between
Interstate 95 and Congress Avenue. Fire Rescue crews were
dispatched just before 4:30 pm Thursday.
Before crews could treat Arias, he had to be decontaminated by
West Palm Beach Fire Rescue hazardous materials workers. He was
unconscious when those workers arrived and performed CPR on him.
He was then rushed five miles away to St. Mary's Medical Center,
where he was declared dead.
Arias was part of the crews working to transform the mall, Palm
Beach County's first indoor shopping area when it opened in 1967
but a nearly empty shell since much of it closed in 2010, into a
shopping center of outlet stores.
Ortman said the Occupational Safety and Health Administration
(OSHA) is investigating.
ASBESTOS UPDATE: Effects of Naturally Occurring Asbestos Addressed
------------------------------------------------------------------
Don Martelli of Sokolove Law relates that prolonged exposure to
asbestos fibers can lead to mesothelioma, a rare cancer of the
lungs, and more than 2,000 California residents have died from
this disease.
Asbestos deposits can be found throughout the California
countryside. A report from the State of California Department of
Conservation outlines several pages of asbestos occurrences, both
past and present, across the state. The chart lists historic
asbestos mines, historic asbestos prospects, and other natural
occurrences of asbestos in California.
A decision in 1990 led the California Air Resources Board (CARB)
to regulate asbestos amounts in crushed serpentinite used in
surfacing applications. New concerns were raised in 1998 about
potential health hazards, which led to CARB reducing the asbestos
limit in the aforementioned surfacing applications from 5% to less
than 0.25%.
To this day, the California Department of Toxic Substances Control
(CDTSC) works in various areas of the state to address concerns
about potential effects of naturally occurring asbestos. These
minerals, which are harmless if undisturbed, occur in rock and
soil as the result of natural geologic processes. Asbestos
deposits are often found near earthquake faults in the coastal
ranges and the foothills of the Sierra Nevada.
ASBESTOS UPDATE: Meso Kills 13.8 Per Million Per Year In 26 States
------------------------------------------------------------------
Don Martelli of Sokolove Law relates that the grim reality of
asbestos exposure would not be complete without a lesson on Libby,
Montana.
Known as one of the most asbestos-contaminated towns in America,
Libby has been the focus of two documentaries and four books.
Every American state once received asbestos shipments from
companies set up in the small town. Asbestos, a naturally
occurring mineral, was widely available in Libby and quickly
became a top industry before asbestos-related diseases came to
light.
It's suggested that more than 274 deaths in and around Libby can
be attributed to asbestos exposure.
Since 2000, the EPA has overseen removal of asbestos-contaminated
resources from Libby and more than $370 million has been spent on
the town of 2,600. Prolonged asbestos exposure can cause
mesothelioma, a rare cancer of the lungs. Despite the historic
prevalence of asbestos and inherent public health risks, Montana
is not the top state in terms of deaths caused by mesothelioma.
According to the CDC, the state death rate from mesothelioma was
greater than the national rate of 13.8 per million people per year
in 26 states, Montana included. In six states (Maine, New Jersey,
Pennsylvania, Washington, Wyoming, and West Virginia), the rate
exceeded 20 per million per year.
Over the same seven-year period, only Georgia and Arkansas had
nine or fewer annual mesothelioma deaths per million people.
Studies like this do have limitations. It's important to note
that death certificates do not include information on asbestos
exposure or specific work histories -- this can limit proper
identification of industries or occupations at fault. Also,
deaths may occur in states where asbestos exposure did not occur.
Lastly, some cases may be misdiagnosed and, therefore, unable to
be properly registered.
Some interesting facts to coincide with CDC's findings: asbestos
use in the United States peaked in 1973 with more than 803,000
metric tons used in various projects. That number has since
dropped to less than 2,000 metric tons every year.
ASBESTOS UPDATE: Author Turns Down France's "Legion d'Honneur"
--------------------------------------------------------------
Agence France-Presse reports that a top researcher and campaigner
on industrial health issues has refused France's highest honor in
protest at official inaction over what she described as
"industrial crimes" in this sector.
Annie Thebaud-Mony, director of research at France's National
Institute for Health and Medical Research, turned down the "Legion
d'Honneur" in a letter to Housing Minister Cecile Duflot made
public on Saturday, Aug. 4.
Thebaud-Mony has written award-winning books on industrial health
and is the spokeswoman for Ban Asbestos France.
In her letter, she said she wanted to "challenge the impunity that
until now has protected those who carry out industrial crimes."
Thebaud-Mony said she was particularly concerned that the current
economic crisis was eclipsing issues concerning workers' health
and the environment.
"My act is intended as a call for citizens, but also for
parliament to act, for the respect of basic rights to life, health
and dignity," she said in her letter to the ministry, dated July
31.
"We want to be taken seriously when we expose the deterioration of
working conditions . . . the drama of workplace accidents and
occupational diseases. . .," she added.
She denounced what she said was a misguided debate over the issue
of safe levels of certain toxic substances.
Public officials have to take a stand against the threat that
these substances pose, if necessary taking legal action against
the offenders, she argued.
Thebaud-Mony said that her own career had suffered for years
because of her work.
She called on the government to secure the jobs of young
researchers working in the field of industrial health, in
particular those investigating cancer-causing materials in the
workplace.
ASBESTOS UPDATE: Remediated Northampton Courthouse Library Reopens
------------------------------------------------------------------
Tom Shortell of The Express-Times relates that for the first five
months of her job, Lisa Mann was a librarian without a library.
Hired in March to maintain the Northampton County Courthouse's law
library, she was confined to a conference room next to a ladies'
bathroom with barely a legal tome. That changed last week when
the library, shuttered since September due to asbestos, reopened.
"It feels great. I love it," she said. "I feel so happy."
Northampton County first shut the library four months after county
employees and Controller Stephen Barron went to the Environmental
Protection Agency with complaints about the air quality in several
county buildings. Since then, the county has remediated the
library, a storage area for the district attorney's office in the
courthouse's basement and a docking area at Gracedale.
County Executive John Stoffa and Administrator Tom Harp said the
county ended up spending over $250,000 to rid the library of
asbestos, redesign it and stock it with new books. The previous
ones had to be tossed due to the potential asbestos contamination,
he said. The cost, Harp said, does not include the materials and
man hours county workers put in fixing up the library.
"We paid a pretty penny, but it basically allowed us to upgrade
the library to state of the art," Stoffa said.
The final result, said Court Administrator James Onembo, is a
sleeker library. The county spent $65,000 on new books, but it
still wasn't enough to fully equip the library with all of books
that used to sit on its shelves. Instead, court administration,
the Northampton County Bar Association and Northampton Community
College sat down and determined which books should be brought
back, he said. Trimming the number of book cases allowed county
workers to improve the lighting and create a more open area for
researching, he said.
Cutting down on the number of books may also prove to be the wave
of the future. Onembo estimated that 60% of the practicing
attorneys in the county primarily use the Internet to conduct
research. As that ratio goes up, the county is likely to shift to
more digital resources as well, he said.
"It gave us an opportunity to purge a lot of the unused books," he
said.
The loss of books also allowed the county to create an attorneys'
lounge, where lawyers can have a quiet spot to conference with
other attorneys, their clients and their clients' families. The
furnishings in the lounge were paid for by a donation from the
Northampton County Bar Association, Onembo said.
Victor Scomillio, the association's president, said having the
library available again was a great resource, especially for the
public. While there is more information available online than in
the past, it can be difficult to establish how much of it is
reputable, he said. The legal books and the online subscriptions
to LexisNexis and Westlaw available at the library can be valuable
to someone representing himself or herself, he said.
"The information available electronically can be dangerous at
times. Having the bound volume is a great asset," Scomillio said.
Northampton County could still face fines from the EPA for
potential health violations regarding the asbestos problems, but
no new information has been released in months. The investigator
who had been handling the case died in May after a prolonged
illness, and a new investigator had not been assigned as of early
June, an EPA spokeswoman said at the time. A call to the EPA's
Philadelphia office seeking comment Friday, Aug. 3 was not
returned.
ASBESTOS UPDATE: Mesothelioma Kills 49 Year Old Worker
------------------------------------------------------
The Spalding Guardian reports that a man of 49 lost his life to an
industrial disease linked to exposure to asbestos.
Richard Kilbon, of Railway Lane, Sutton Bridge, died on July 20,
an inquest in Spalding heard on Friday, Aug. 3.
South Lincolnshire Coroner Professor Robert Forrest read medical
evidence and statements regarding Mr. Kilbon's employment history,
including work on a Government training scheme when he was
painting village halls that contained asbestos products and then,
in 1982, work for Premier Foods when some of their buildings were
asbestos based.
Professor Forrest recorded a verdict that Mr. Kilbon died from an
industrial disease -- mesothelioma -- which he said is "caused
almost exclusively by exposure to asbestos".
ASBESTOS UPDATE: Study Showed NOA In Clear Creek Soil Is Minimal
----------------------------------------------------------------
Some 70,000 acres of public land in California that has been off-
limits to off-highway-vehicle riders since 2008 would reopen under
legislation introduced by U.S. Rep. Sam Farr (D-Calif.), the
American Motorcyclist Association reports.
On Aug. 2, Farr introduced a H.R. 6286 that would designate the
popular Clear Creek Management Area near Hollister -- which is
controlled by the U.S. Bureau of Land Management -- as a National
Recreation Area. If the bill becomes law, it would provide for
recreational access to the land as allowed under the BLM's 2005
travel management plan.
The 70,000 acres have been closed to the public -- including OHV
riders and hikers -- since May 1, 2008, because of fears over
health dangers posed by naturally occurring asbestos (NOA) in the
soil. The land has remained off-limits, even though a later study
showed that the health risk to motorcyclists from naturally
occurring asbestos is minimal.
The San Benito County Board of Supervisors has been at the
forefront of the movement to reopen the popular OHV area,
petitioning Congress to consider Clear Creek a National Recreation
Area that would allow motorized and non-motorized recreation.
Western Representative Don Amador of the BlueRibbon Coalition, a
national trail-based recreation group, has also been hard at work
in an effort to reopen the land.
"It's very rare for legislation to be introduced in Congress to
open riding areas to riders," said AMA Western States
Representative Nick Haris, who has worked with Amador on the
issue. "Rep. Farr and the San Benito County Board of Supervisors
deserve the thanks of all OHV enthusiasts for their efforts. And
I personally want to thank Don Amador for his tenacious work in
this area.
"With the elections coming up, I think it's very important for
California OHV enthusiasts to ask political candidates where they
stand on this proposal," Haris added. "We need to hold them
accountable on this issue."
About the American Motorcyclist Association
Since 1924, the American Motorcyclist Association --
http://www.AmericanMotorcyclist.com/-- has protected the future
of motorcycling and promoted the motorcycle lifestyle. AMA
members come from all walks of life, and they navigate many
different routes on their journey to the same destination: freedom
on two wheels. As the world's largest motorcycling rights
organization, the AMA advocates for motorcyclists' interests in
the halls of local, state and federal government, the committees
of international governing organizations, and the court of public
opinion. Through member clubs, promoters and partners, the AMA
sanctions more motorsports competition and motorcycle recreational
events than any other organization in the world. AMA members
receive money-saving discounts from dozens of well-known suppliers
of motorcycle services, gear and apparel, bike rental, transport,
hotel stays and more. Through the AMA Motorcycle Hall of Fame,
the AMA honors the heroes and the heritage of motorcycling for
future generations.
ASBESTOS UPDATE: Bechtel Switch Rooms Supplier Plans Legal Action
-----------------------------------------------------------------
ABC News reports that an overseas company is considering legal
action to protect its reputation following allegations its
products used on a central Queensland construction site contained
asbestos.
Tests last week revealed pre-fabricated switch rooms built in
Indonesia by Metito contained white asbestos, which is banned in
Australia.
The switch rooms were installed by the United States company
Bechtel at a gas hub on Curtis Island, near Gladstone.
In a statement, Metito said its products meet strict safety
standards.
The company says it fully supports an investigation into the
incident, and that the matter is being taken seriously.
ASBESTOS UPDATE: Fly-Tipper Dumps Toxic Fibro In Cramlington
------------------------------------------------------------
News Post Leader reports that potentially hazardous asbestos has
been found dumped in Cramlington.
A total of 20 asbestos sheets and 30 to 40 black bin bags tied
together with silver tape containing asbestos tiles, were found by
environmental enforcement officers in East Hartford.
The officers are now asking the public for their help in providing
information about the waste that was fly-tipped off the A192 near
Cramlington, on or around Thursday, July 19.
Officers are seeking information about both the origins of the
waste, and any vehicle that has been seen carrying the waste.
Fly-tippers are being warned that Northumberland County Council
will seek to prosecute anyone who is caught, through its
enforcement team.
Andy Rutherford, head of neighborhood services and highways at the
council, said: "Fly tipping not only spoils our countryside, but
also adds a financial burden onto residents who have to pick up
the cost of waste disposal.
"This case is particularly shocking, as it involves asbestos, a
material known to be dangerous if not handled safely.
"We encourage all residents and businesses to check the
credentials of people offering waste disposal services, and would
urge anyone with information about this case to come forward.
"Fly tipping is a country wide issue and cleanup costs are met by
the taxpayer through removal and disposal costs.
"Currently Northumberland is experiencing between 100 and 120 tips
per month, and often leads to spoilt, and even polluted green
spaces. Dumped waste also poses a health hazard for playing
children and wildlife."
Anyone with information can contact Northumberland Council
FirstCall on 0845 600 6400 or Environmental Enforcement on (01670)
623462.
ASBESTOS UPDATE: Former Postal Worker Plea for Colleagues' Help
---------------------------------------------------------------
The Northumberland Gazette reports that a former post office
worker who contracted an incurable asbestos-related cancer is
appealing for ex-colleagues to help him discover how.
Last month, Jack Deeble from Alnwick was diagnosed with
mesothelioma, which he believes was caused by dust churned up when
asbestos was stripped from the Fenkle Street Post Office branch
during the 1960s.
The 91-year-old started to develop symptoms in 2011 -- the same
year he was awarded an MBE by the Queen in 2011 for his work with
Alnwick Infirmary's League of Friends.
He visited his GP this March after feeling lethargic, breathless
and losing weight rapidly. Jack was then referred to a specialist
at Wansbeck Hospital with follow-up treatment at Tyneside
Hospital, where he endured an operation to drain fluid from his
lungs.
Jack has now asked industrial illness experts at law firm Irwin
Mitchell to help as he appeals to his former colleagues to get in
touch, as they may hold vital information about why he was exposed
to asbestos.
"I believe I was exposed to asbestos dust when the post office
underwent major refurbishment in the early 1960s," said Jack.
"The work took a couple of months and involved removing the
ceilings in the building, which exposed the asbestos-covered
pipes.
"Contractors working on scaffold platforms hacked off asbestos
from the pipes in corridors where I would walk through three or
four times a day. It was dusty work and a difficult environment
for regular employees like me to work in."
He added: "I was never warned about the dangers of the dust nor
was I ever given any protective clothing or a mask to wear while
the refurbishment was carried out."
Roger Maddocks, a partner and industrial disease expert at Irwin
Mitchell, is representing Jack in his bid for justice.
He said: "He is still coming to terms with the terrible news that
he is suffering from an incurable asbestos-related cancer. It's a
devastating illness which can be very distressing for the victims
and their families.
"To help Jack get to the bottom of why he was exposed to asbestos
we would like to hear from anyone who worked at the Alnwick Post
Office in Northumberland in the 1960s, who can help shed light on
the working conditions he endured."
Contact Roger Maddocks at Irwin Mitchell on 0191 279 0095.
ASBESTOS UPDATE: Floor Contaminants Closes Portsmouth PD Lobby
--------------------------------------------------------------
Charles McMahon at SeaCoastonline.com reports that the entrance
lobby to Portsmouth's police station was temporarily closed over
the weekend after workers discovered asbestos in the floor tiles.
According to Sgt. Kuffer Kaltenborn, workers conducting a lobby
renovation project discovered the asbestos on Saturday, Aug. 4,
and as a result, were forced to seal off the lobby to the public
and city employees.
The lobby was sealed off from the rest of the facility for about
four hours and a decontamination station was set up, said
Kaltenborn.
Signs notifying employees of the asbestos were also placed in the
vicinity, he said.
"The lobby was shut down for a little while," he said.
The discovery of the asbestos had only a minimal impact on the
operations at the police station. Kaltenborn said personnel had
to use a secondary secure entrance to get in and out of the
station during the day.
"It was a minor inconvenience," Kaltenborn said.
Chemicals used by the company hired to conduct the work also made
for what Kaltenborn described as a "very intense" turpentine-like
smell.
The renovation project, which is part of the city's facilities
improvements projects in the Capital Improvement Plan, involves
the installation of new carpets, display cases and a new LED
television to serve an announcement board for community events,
road closures and other important public information.
Public Works Director Steve Parkinson said it is not uncommon to
find asbestos at the Municipal Complex, which was built in 1950
and houses City Hall, the police station, school administrative
offices and other nonprofit organizations.
"You find it here and there," he said.
The source of asbestos discovered on Saturday came from the
adhesive underneath the tile flooring, said Parkinson.
ASBESTOS UPDATE: US Consumption of Asbestos Fiber Increases 13%
---------------------------------------------------------------
The following statement was issued by Linda Reinstein, Co-Founder,
President & CEO of the Asbestos Disease Awareness Organization
(ADAO), regarding the 2011 U.S. Geological Mineral Yearbook
confirming the U.S. consumption of asbestos fiber increased 13%.
"As a Mesothelioma widow and asbestos awareness advocate, I was
appalled and shocked by the 2011 U.S. Geological Survey (USGS)
Mineral Yearbook (Advance Release) which reported 'apparent
consumption of asbestos was calculated to be 1,180 metric tons in
2011, a 13% increase from 1,040 metric tons.'
"Asbestos remains legal and lethal in the United States. USGS
reported, 'that 140 metric tons of chrysotile imported in 2011
went into stocks for future use rather than being used because it
was unlikely that markets had expanded. Roofing products
accounted for 41% of U.S. consumption.' The facts are
irrefutable, asbestos is a known human carcinogen and there is no
safe level of exposure.
"In 1977, the International Agency for Research on Cancer (IARC)
declared asbestos a human carcinogen, yet occupational,
environmental, and consumer exposure continues throughout the
United States. More than 10,000 Americans die every year from
asbestos-caused diseases such as Mesothelioma, Asbestosis, and
Lung Cancer.
"On behalf of the Asbestos Disease Awareness Organization (ADAO),
I am calling on Congress and the President to protect public
health and immediately prohibit the importation of raw asbestos
and asbestos-containing products from crossing our borders. I
have lost my husband, Alan, to Mesothelioma, a disease caused from
asbestos exposure. Nothing can bring him or the hundreds of
thousands of other victims back to life, but we can begin by
aggressively preventing exposure thus eliminating deadly
diseases."
About Asbestos Disease Awareness Organization
Asbestos Disease Awareness Organization (ADAO) --
http://www.asbestosdiseaseawareness.org/-- was founded by
asbestos victims and their families in 2004. ADAO seeks to give
asbestos victims and concerned citizens a united voice to raise
public awareness about the dangers of asbestos exposure. ADAO is
an independent global organization dedicated to preventing
asbestos-related diseases through education, advocacy, and
community.
ASBESTOS UPDATE: Fibro Dumped at Wollongong Councilor's Driveway
----------------------------------------------------------------
702 ABC Sydney reports that a man has been charged with failing to
disclose who was driving his car when it was allegedly used to
dump a trailer load of asbestos on a Wollongong councilor's
driveway.
Councilor Greg Petty found the asbestos in the driveway of his
Helensburgh home in April this year.
Police say the car that dumped the unregistered trailer belongs to
Brett Blackwell, but Mr. Blackwell won't say who was driving.
He's been charged with failing to disclose driver identity and
will face court this month.
Greg Petty lives opposite a building and landscape supply business
owned by relatives of Brett Blackwell, that's been ordered by
council to rectify several development consent violations or face
prosecution.
But company director Adam Blackwell says he first heard of the
charge against his cousin when contacted by the ABC.
He says it has nothing to do with his business.
Police say they still don't know the identity of a masked man who
stole Councilor Petty's personal CCTV camera six days after the
asbestos was dumped.
Investigations are continuing.
ASBESTOS UPDATE: D&D Offers Legal Options for ARD Victims
---------------------------------------------------------
There are various legal options available for mesothelioma
victims, and lawyers at Danziger & De Llano law firm are striving
to get people to fight for their rights and receive compensation
to cover lost wages, huge medical bills not covered by insurance,
travel expenses, emotional support, pain and suffering of the
victims and their loved ones. No matter if they were directly
exposed to asbestos while working or there were other
circumstances that caused them to develop mesothelioma, there are
plenty of legal actions to be made: personal injury claims,
wrongful death lawsuit, asbestos litigation and other options can
be considered by those who suffer as a result of asbestos
exposure.
"Our mission is to protect the interests and rights of those who
are diagnosed with or even die from mesothelioma and could have
been saved and their death prevented if the asbestos manufacturers
and sellers had been honest about the dangers of exposure. Those
who are in danger of losing their lives as a result of someone
else's negligence should receive the fair compensation to cover
all the medical bills, loss of income and emotional distress they
and their families are going through", says one of the
mesothelioma lawyers at Danziger & De Llano.
The goal of mesothelioma lawyers at Danziger & De Llano, as stated
on their website, is to maintain faith in an effective and fair
justice system -- while supporting the efforts of asbestos victims
to receive the maximum amount of compensation and provide proper
mesothelioma lawyer assistance. They believe justice can still be
obtained in any of America's courtrooms, even when the interests
of powerful corporations are on line.
Mesothelioma is a form of cancer that develops on the lining of
the chest and abdomen. Typically associated with asbestos
exposure or inhalation, it claims almost 3,000 American lives each
year. Asbestos is a heat and fire resistant mineral fiber
commonly used in industrial products, whose fibers are either
ingested or inhaled. In time, the asbestos fibers get lodged in
the lining of internal organs, typically of the pleura, or the
lining of the chest. According to national authorities,
mesothelioma is impossible to diagnose in its early stages, being
detected decades after the initial exposure.
The experienced mesothelioma lawyers at Danziger & De Llano have
had numerous cases along the years, representing the interests of
plumbers, mechanics, pipefitters, electricians and insulators. To
receive a free case consultation, please visit
http://www.mesotheliomalawyer.com/
About Danziger & De Llano
The law firm at Danziger & De Llano is a team of experienced
mesothelioma lawyers who are very knowledgeable about mesothelioma
and the deadly effects of asbestos exposure. As experienced
personal injury attorneys, they have some of the most powerful
weapons against powerful companies that seem untouchable by law.
They provide professional mesothelioma assistance for asbestos
exposure victims interested in receiving the compensation they
deserve.
ASBESTOS UPDATE: Cleanup of Tornado Razed Homes in Joplin Underway
------------------------------------------------------------------
They're an eyesore in the neighborhood; unlivable homes that were
pounded by the tornado that hit Joplin, Missouri last summer. But
demolishing them is both complicated and costly because many of
them contain building materials that are full of dangerous
asbestos, say city authorities, according to The Mesothelioma News
Center.
The city's Building Board of Appeals has identified nearly 300
homes that contain unsafe building materials and hope to begin
addressing them in the next stage of clean-up, reports a story
aired on KODE-Joplin. The city has posted warning signs on these
homes, prompting concern by area residents who fear that damaged
asbestos siding, for example, could be resulting in contamination
of the air via the release of dangerous asbestos fibers,
especially during winds and rain storms. Inhalation of asbestos
fibers can cause all sorts of lung-related diseases, including
mesothelioma and other cancers.
"One time or another that was the norm, was to build [houses] with
asbestos siding or have asbestos insulation in it because it's a
great insulating material," stated Jack Schaller, P.E. Assistant
Director of Public Works.
Schaller says they'll begin with the clean-up and demolition of 14
asbestos-laden houses. The asbestos abatement will need to occur
first, before the houses are demolished. Schaller notes that this
is the largest collection of houses with asbestos that they will
have to demolish, though he expects to find more throughout the
storm-ravaged area.
The Public Works Department estimates that it will take some eight
months to complete the demolition phase. Neighbors say they'll be
delighted to be rid of the eyesores, which are bringing down
property values and impeding their ability to move on.
ASBESTOS UPDATE: EC2 Warns of Popcorn Ceilings Containing Fibro
---------------------------------------------------------------
Removing popcorn ceilings is a common home improvement project for
many Illinois residents. This surfacing technique, used in many
residential properties, is no longer in style and can even lower
property values.
Many homes and apartments that were built between the 1960s and
1980s used popcorn ceilings as a standard method of texturing
ceilings. Today, many property owners have begun removing the
finish in an effort to update the look and feel of their homes.
"Many homeowners tackle these projects on their own, but they need
to be aware of potential health hazards," stated Ed Chambers, the
President of EC2, a Chicago-area asbestos consulting company.
"Many, if not most, homeowners don't even realize that these
popcorn ceilings may contain asbestos. It is crucial to get the
materials testing before any popcorn removal projects begin to
prevent exposure to asbestos fibers."
Asbestos was used in some popcorn ceilings into the 1980s.
Asbestos was banned from use in most household materials in the
late 1970s, but businesses with existing materials were allowed to
use up their inventory of materials on hand. In addition to
asbestos being found in some popcorn ceiling materials, it may
also be present in textured paints, and patching and joint
compounds.
According to the U.S. Environmental Protection Agency (EPA), "You
can't tell whether a material contains asbestos simply by looking
at it, unless it is labeled. If in doubt, treat the material as
if it contains asbestos or have it sampled and analyzed by a
qualified professional. A professional should take samples for
analysis, since a professional knows what to look for, and because
there may be an increased health risk if fibers are released. In
fact, if done incorrectly, sampling can be more hazardous than
leaving the material alone. Taking samples yourself is not
recommended."
EC2 has sponsored a public outreach video about asbestos that can
be viewed at: http://www.youtube.com/watch?v=CCpQYuK8ge8
To learn more about asbestos, environmental, mold or indoor air
quality (IAQ) issues, please visit http://www.4ec2inc.come-mail
info@4ec2inc.com or call (815) 703-9000.
About EC2, Inc.
EC2 is a leading provider of environmental consulting and
inspection services for clients across the United States. Based
in the Chicago area, the company provides their services to
clients ranging from local companies and institutions to
International Fortune 500 Corporations.
ASBESTOS UPDATE: Cleaned-Up Catonsville Library Basement Reopens
----------------------------------------------------------------
Brian Conlin at Baltimoresun.com reports that the meeting room in
the basement of Catonsville Library is scheduled to open for the
first time in two weeks on Thursday, Aug 9, after being closed due
to concerns about the presence of asbestos.
The 49-year-old library at 1100 Frederick Road had torn out the
carpet in the meeting room as part of a project to replace it when
they discovered tile that had been installed decades ago, said Bob
Hughes, a spokesman for the Baltimore County Public Library
system.
Though the library never sent the tile to be examined to see if it
contained asbestos, it took action and closed the meeting room,
which is used for activities and presentations, on July 27.
"Based on the age of the tile, we took the high road," Hughes
said. "In order to ensure it wasn't asbestos, which would have
been typical of the time period when the tile was put down, we
brought in an asbestos abatement company."
Baltimore-based Colt Insulation removed the tile at a cost of
$9,845, Hughes said.
The total cost of the project, including installation of the new
carpeting, was $28,317, he said.
No problems as a result of the tile had occurred before the
library system decided to replace it, Hughes said.
Melissa Gotsch, the manager of the Catonsville Library, said crews
put back chairs and tables in the meeting room on Tuesday, Aug. 7
and the first activities in the room were to take place on
Thursday, Aug. 9, Gotsch said.
ASBESTOS UPDATE: Mike Holmes Urges Proper Protection for DIYers
---------------------------------------------------------------
Kristen Griffin for the Mesothelioma Cancer Alliance reports that
internationally acclaimed contractor and star of HGTV's popular
"Holmes on Homes" program, Mike Holmes urges contractors, handymen
and do-it-yourselfers to use proper protection while working in a
new piece for the National Post. Conditions within a home or
building may not be entirely known, and working without protective
gear may cause some severe health conditions.
To Holmes, it is not a laughing matter. According to Holmes, some
older, more experienced contractors remember working on job sites
where it was known asbestos was present and no one on the crew
wore protective gear. These contractors "joke about it now that
they know the risks: 'there goes 10 years off my life.'"
Breathing in toxic air or miniscule particles of asbestos, mold or
lead paint may lead to serious respiratory problems and other
diseases. Despite the widespread knowledge that exposure to and
breathing in asbestos, mold or lead paint particles may lead to
cancer, Holmes said that many experienced contractors still do not
use proper protective gear or respirators while on the job. Doing
so further jeopardizes their health and may exacerbate underlying
health conditions.
In his piece for the National Post, Holmes also notes that for
some contractors, the option of using protective equipment on the
job may be cost prohibitive. Not only is the gear expensive, but
"being properly trained to use them takes time and money."
Being constantly and repeatedly exposed to such carcinogens as
asbestos does have a long term impact not only on respiratory
health but overall health. Exposure to asbestos is linked to a
lethal form of cancer called mesothelioma, where nearly invisible
asbestos particles are inhaled and embed into the lung tissue. In
some rare cases, these small asbestos particles may embed into the
delicate protective tissue surrounding the heart or in the
abdominal cavity. Though it can take decades for mesothelioma to
appear, the disease is fast acting.
Regardless of whether the project is professional or amateur, it
is critical that everyone involved wear protective masks and gear.
For some, wearing a half or full mask with or without a respirator
is cumbersome and may make the job harder.
According to Holmes, no job is worth risking your lungs.
ASBESTOS UPDATE: Tests Underway for 9 Schools Conned by Contractor
------------------------------------------------------------------
Deborah Bell for the Woodbridge Patch reports that the nine
township schools treated by a Woodbridge asbestos removal
contractor who wasn't licensed for the work are being tested again
-- this time, to make sure they're safe for children to return to
when school opens in September.
Woodbridge Schools Superintendent John Crowe said that the nine
affected schools throughout the district are being tested for
asbestos by RAM Environmental Services.
"They've inspected the encapsulation and said it was fine," said
Crowe, who doesn't envision there being any delay in returning
children to the classrooms this school term.
"We're just being proactive" in making sure the schools are fit
for students, Crowe said.
Nine Woodbridge Township schools were among dozens of facilities
in several counties treated by William T. Muzzio, Jr., of Citadel
Environmental Consultants. Muzzio, a Woodbridge contractor, was
arrested Aug. 2 after the most recent incident: a daycare center
in Union Township, where he was hired to remove pipe insulation
containing asbestos in a basement boiler room.
Among the dozens of charges Muzzio faces are allegations that he
falsified his asbestos removal certification credentials.
That's what happened in Woodbridge, Crowe said.
"He gave us a forged document. He suggested to us he was a state
vendor," Crowe said.
The township isn't required to inspect asbestos removal work,
Crowe said. Muzzio encapsulated the asbestos in place in the
Woodbridge schools so it wouldn't have to be removed.
The nine Woodbridge schools affected by the unlicensed contractor
are:
-- Woodbridge High School, Woodbridge
-- Colonia High School, Colonia
-- John F. Kennedy High School, Iselin
-- Kennedy Park School, Iselin
-- Matthew Jago Elementary School, Sewaren
-- Oak Ridge Heights School, Colonia
-- Woodbridge Middle School, Woodbridge
-- Ross Street School, Woodbridge
-- Fords Middle School, Fords
Muzzio has been charged with 10 counts of the unlawful release of
a toxic pollutant, 36 counts of removing or encapsulating asbestos
without a license, one count of theft by deception, and two counts
of forging documents. He was arrested and held in Union County
Jail on $75,000 bail, the NJ Office of the Attorney General said
last week.
ASBESTOS UPDATE: 3 Month Old Report On Illegal Dump Still Unheeded
------------------------------------------------------------------
Peter Begg of The Geelong Advertiser reports that more than three
months after the Geelong Advertiser revealed an illegal asbestos
dump on the Corio Bay foreshore at North Geelong, the dangerous
waste has not been removed.
A City of Greater Geelong-commissioned paper on the various
options for the clean-up of the site has now been forwarded to the
Environment Protection Authority.
On Aug. 7 an EPA spokeswoman said the authority was assessing the
report. "The area remains fenced and residents should avoid the
site," she said.
The paper was drawn up by local firm, Environmental Health
Solutions, and the council said it would also discuss the experts'
advice with the EPA to decide on an action plan.
The area, which is littered with broken corrugated sheets along
the cliffs and shoreline next to the Graincorp pier, is Crown land
but managed by the council.
The city has said it was reviewing the process undertaken in 1999
that saw it appointed as the committee of management for the site.
City services general manager Gary Van Driel said the council was
having the various options costed.
Mr. Van Driel said the council would meet EPA representatives
again soon to discuss the next step in the clean-up.
He said the council had spent about $25,000 securing the site, now
surrounded by a chain mesh fence with locked gates to prevent
public access.
Authorities were forced to act after a Geelong Advertiser
investigation in May revealed how much asbestos believed to have
been there for 20 years was exposed along the coast.
The council initially said the land belonged to the Department of
Sustainability and Environment and it had raised the asbestos
issue with the authority three years ago.
The Geelong Advertiser later revealed that the land was
transferred to public hands from the Port of Geelong Authority in
the late 1990s.
The DSE had been aware of asbestos at the site for about seven
years but had chosen not to take any action, claiming there had
been "minimum exposure of the material" during each site
inspection.
ASBESTOS UPDATE: Mesothelioma Kills Former Thorneycrofts Worker
---------------------------------------------------------------
The Daily Echo reports that a retired plumber and welder who
worked in Southampton's shipyards died after suffering severe
levels of asbestos exposure.
Norman Smith spent decades working for companies including
Thorneycrofts, Harland and Wolff, and at the Fawley oil refinery,
where he regularly breathed in asbestos dust.
The 85-year-old, of Doyle Court, Weston, died from mesothelioma on
January 31.
Southampton coroner Keith Wiseman recorded a verdict of death by
industrial disease.
ASBESTOS UPDATE: Cleanup Issues Halt Razing of Canandaigua Bldg
---------------------------------------------------------------
Scott Pukos of the Messenger Post reports that after it was
discovered that the roof of a vacant Lakeshore Drive building
collapsed, it appears the next step will involve the demolition of
the building; however, it's not clear when that will occur.
According to Steve Wade, the code enforcement officer for the city
of Canandaigua, a six-foot tall chain-link fence is scheduled to
be placed around the structure at 158 Lakeshore Dr. -- the former
home of Bella Lago Restaurant and Party House -- by Aug. 8. The
city also will issue a demolition permit, Wade said.
One of the issues with the building is asbestos. Wade said
typically what would happen is a building would need an asbestos
survey, then the asbestos would be removed, and then the building
could be demolished. He added that because of the roof collapse,
he's not sure if this process can be done.
One option is to demolish the building and take everything to a
landfill that will accept asbestos. Wade said this would be a
more costly option compared to the normal route of that includes
the asbestos survey and removal before demolition.
Wade noted that after demolition permit is issued, the next step,
in this instance -- removing the asbestos or demolishing the
building -- is under New York State Department of Labor
jurisdiction. He added that there is no specific time table for
demolishing the building.
Property owner David Genecco could not be reached for comment.
The collapsed roof was spotted Aug. 2, however, Canandaigua city
police believe it caved in before that day. City Manager Kay
James said no one was injured following the roof collapse.
*********
S U B S C R I P T I O N I N F O R M A T I O N
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