CAR_Public/121109.mbx               C L A S S   A C T I O N   R E P O R T E R

              Friday, November 9, 2012, Vol. 14, No. 223

                               Headlines

AMGEN INC: Justices Hear Arguments in Class Action Appeals
BIRMINGHAM PUBLIC: Parents File Class Action in Oakland Court
BLOOMINGDALE'S INC: Lawyers Push NLRB's Stand on Arbitration Deals
CANADA: Evraire Seeks Appeal of Tar Pond Class Certification
COINSTAR INC: Consolidated Securities Suit in Wash. Now Closed

COINSTAR INC: Continues to Defend Privacy Suit Against Redbox
COINSTAR INC: Proceedings in "DiSimone/Sinibaldi" Suit Stayed
COINSTAR INC: Amended Class Cert. Bid in "Piechur" Suit Pending
DENTSPLY INT'L: Cavitron(R) Suit Pending in San Francisco County
DENTSPLY INT'L: Bid to Dismiss Cavitron(R) Suit it Penn. Denied

EBIX INC: SEC to Scrutinize Accounting Practices
FOREST LABS: Six Plaintiffs Added to Gender Bias Class Action
GREGG COVIN: Agrees to Pay $587,500 to Settle "Ten Museum" Suit
GUANGDONG VANWARD: Recalls 37,000 Master Forge Gas Grills
IMAX CORP: Awaits Canadian Court Order in Securities Suit

IMAX CORP: Securities Suit Remains Pending in Ontario, Canada
JOHNSON & JOHNSON: Julie Davis Commences Mesh Class Action
KROGER CO: Recalls Deluxe French Vanilla Ice Cream
LOCKHEED MARTIN: Class Cert. Denial in 401(k) Plans Suit Appealed
MYLAN INC: All Claims in Class Action Suits vs. Unit Dismissed

NORFOLK SOUTHERN: Appeals Cert. Ruling in Fuel Surcharges MDL
REALTY INCOME: Defends Class Suits Over ARCT Acquisition
REALTY INCOME: Defends Class Suits Over ARCT Acquisition
REVLON INC: Awaits OK of $9.2M Settlement of Exchange Offer Suits
ROBERT K. MERICLE: Attorneys to Get $4MM Share From Settlement

ROYAL CARIBBEAN: Appeal From Dismissal of Attendants' Suit Junked
ROYAL CARIBBEAN: Awaits Ruling on Bid to Dismiss Suit in Florida
SERVICE CORP: Settled Antitrust Suit for Immaterial Amount
SERVICE CORP: Trial in "Sands" Class Suit Set for February 2013
SERVICE CORP: Removed "Schwartz" Suit to Florida District Court

SERVICE CORP: "Schwartz" Plaintiffs Withdrew Class Claims
SERVICE CORP: Defends "Niven" Class Action Suit in Florida
SERVICE CORP: Appeal From Class Cert. in "Garcia" Suit Pending
SERVICE CORP: Continues to Defend Wage and Hour Class Suits
STANDARD & POOR'S: IMF Australia to Fund Class Action

SOUTH CAROLINA: Two Defendants Added to Hacking Class Action
UNITED BANKSHARES: Settles Two Suits Over Overdraft Practices
VERIZON COMMUNICATIONS: Intelligence-Gathering Cases Now Ended
VIROPHARMA INC: Securities Suit Complaint Amended Last Month

                         Asbestos Litigation

ASBESTOS UPDATE: Court Junks Demrex's Bid to Dismiss Devon Suit
ASBESTOS UPDATE: Pa. High Court Allows Pecora Corp. to Appeal
ASBESTOS UPDATE: Okla. Ct. Junks Testimony in Montello Suit
ASBESTOS UPDATE: NY Court Junks Courter's Bid to Dismiss Suit
ASBESTOS UPDATE: Parsons Suit vs. RJR Tobacco Remains Stayed

ASBESTOS UPDATE: Carlisle Cos. Still Has Pending Asbestos Claims
ASBESTOS UPDATE: Crane Co. Had 56,773 Pending Claims at Sept. 30
ASBESTOS UPDATE: Mine Safety Continues to Defend 2,620 Suits
ASBESTOS UPDATE: Chicago Bridge Accrued $1.6M Liability End Sept.
ASBESTOS UPDATE: Columbus McKinnon Had $11.4M Liability End Sept.

ASBESTOS UPDATE: Businessman Fined $1.5MM for Toxic Fibro Exposure
ASBESTOS UPDATE: ETU Names Companies With Ongoing Fibro Issues
ASBESTOS UPDATE: Hoberg's Resort Required to Submit Abatement Plan
ASBESTOS UPDATE: Cost of Parliament Bldg Repairs to Top GBP1.6B
ASBESTOS UPDATE: ADFA Urges Proper Handling of Fibro Meter Boards

ASBESTOS UPDATE: Tewkesbury Firms Offered Fibro Management Support
ASBESTOS UPDATE: Bill to Publish List of Toxic Buildings Launched
ASBESTOS UPDATE: Parliament to Vote on Registry Motion in December
ASBESTOS UPDATE: Council Appeals for Info on Derby Fly-Tippers
ASBESTOS UPDATE: Sheehan High School Expects to reopen Nov. 7

ASBESTOS UPDATE: Catamount Environmental To Cleanup Bartels Lodge
ASBESTOS UPDATE: Layers of Fibro Stall Old Keybank Branch Project
ASBESTOS UPDATE: Razed Leicester School Closes for Decontamination
ASBESTOS UPDATE: Carcinogens Buried in Aylesbury Cemetery Probed
ASBESTOS UPDATE: $3MM Verdict Awarded to Former Pipefitter's Kin

ASBESTOS UPDATE: Mesothelioma Kills Denmead Industrial Diver
ASBESTOS UPDATE: Study Links High Iron Content to Mesothelioma
ASBESTOS UPDATE: Removal of Shamokin Building Debris Continues
ASBESTOS UPDATE: NSW Stats of DIY Enthusiasts With ARD on The Rise
ASBESTOS UPDATE: Former French Official Faces Manslaughter Charges

ASBESTOS UPDATE: Union Slams OHSA's Inaction on MCCAA Fibro Issue
ASBESTOS UPDATE: Widow Appeals to Former Engineer's Peers for Info
ASBESTOS UPDATE: VDH Warns Takers of Toxins From Timber Sleepers
ASBESTOS UPDATE: Asbestos Law Specialist Wins NSW Justice Medal
ASBESTOS UPDATE: ETU Secretary Says 50 Ausgrid Employees Have ARD

ASBESTOS UPDATE: Students From Cwmcarn Begin Classes at New Site
ASBESTOS UPDATE: Libby Medical Trust Enrolment Until Nov. 20
ASBESTOS UPDATE: Comcare to Host Asbestos Management Special Forum
ASBESTOS UPDATE: Union to Push NSW for Industry-Wide Fibro Removal
ASBESTOS UPDATE: Fibro Removal at Chirnside Park Scares Residents

ASBESTOS UPDATE: Central Bedfordshire Joins Asbestos Safety Plan
ASBESTOS UPDATE: Asbestos Trust, TPG to Sell Armstrong Shares
ASBESTOS UPDATE: WA Government Lifts Landfill Levy on Fibro
ASBESTOS UPDATE: Albany Port Begins Fibro Removal From Facilities
ASBESTOS UPDATE: HSE Slaps GBP15,000 Fine on Cheltenham Contractor

ASBESTOS UPDATE: Bad Disposal Wastes AU$2000 at Naracoorte Depot
ASBESTOS UPDATE: Cleanup at Fremantle Police Post Relocates Force
ASBESTOS UPDATE: High Royds Mental Patient Dies of Mesothelioma
ASBESTOS UPDATE: American Financial Group Increases Reserve
ASBESTOS UPDATE: Routine Airborne Fibro Monitor in Schools Urged

ASBESTOS UPDATE: Phase I Test Shows Contaminants at J. Palmer Bldg
ASBESTOS UPDATE: Butte Hall Test Results Negative of Toxic Fibro
ASBESTOS UPDATE: Unite, Thompsons Set Up Fibro Victims Database
ASBESTOS UPDATE: BT Worker's Death Recorded as Industrial Disease
ASBESTOS UPDATE: Toxic Threat Eyed After Superstorm Sandy

                          *********

AMGEN INC: Justices Hear Arguments in Class Action Appeals
----------------------------------------------------------
Mark Sherman, writing for The Associated Press, reports that the
Supreme Court appeared divided on Nov. 5 in two cases in which
businesses are trying to make it harder for customers or investors
to band together to sue them.

The justices heard arguments in appeals from biotech company Amgen
Inc. and cable provider Comcast Corp. that seek to shut down
class-action lawsuits against the businesses.

Amgen is fighting securities fraud claims that misstatements about
two of its drugs used to treat anemia artificially inflated its
stock price.  Comcast is facing a lawsuit from customers who say
the company's monopoly in parts of the Philadelphia area allowed
it to raise prices unfairly.

Last year, the Supreme Court raised the bar for some class-action
suits when it sided with Wal-Mart against up to 1.6 million of its
female employees who complained of sex discrimination.  In the
Wal-Mart case, the court said there were too many women in too
many jobs at the nation's largest private employer to wrap into
one lawsuit.

Class actions increase pressure on businesses to settle suits
because of the cost of defending them and the potential for very
large judgments.

Connecticut pension funds that sued Amgen said lower courts
correctly ruled that the case could move forward as a class
action.  The issue at the Supreme Court is whether the pension
funds have to show at an early stage of the lawsuit that Amgen's
claims about the safety and effectiveness of the drugs Aranesp and
Epogen affected the stock price.

Several justices indicated they had no problem with the idea that,
unlike in the Wal-Mart case, all the Amgen investors were in the
same boat and could clear an early hurdle that tripped up the Wal-
Mart employees.

To do otherwise, Justice Elena Kagan said, might subject
plaintiffs to an even "higher burden" of proof than they have to
show at trial.

But Justice Antonin Scalia said he thinks it is proper to settle
such questions early on in the suit.  "The reason is the enormous
pressure to settle once the class is certified," Justice Scalia
said.

Justice Stephen Breyer initially was out of the Amgen case,
presumably because his 2011 financial disclosure report showed he
owned $15,000 to $50,000 worth of Amgen stock.  But the court said
in June that Judge Breyer would take part in the case, indicating
he had sold his Amgen holdings.

In the Comcast case, the justices also faced the issue of whether
to require plaintiffs to prove more of their case earlier in the
process. The Comcast subscribers argue that doing so would lead to
even more limits on class actions.

The court should decide both cases by June.

The cases are Comcast v. Behrend, 11-864, and Amgen v. Connecticut
Retirement Plans and Trust Funds, 11-1085.


BIRMINGHAM PUBLIC: Parents File Class Action in Oakland Court
-------------------------------------------------------------
Courthouse News Service reports that parents in a class action in
Oakland County Court claim Birmingham Public Schools
unconstitutionally make them pay for an assignment book, a hall
lock, and p.e. uniforms for their kids.


BLOOMINGDALE'S INC: Lawyers Push NLRB's Stand on Arbitration Deals
------------------------------------------------------------------
Abigail Rubenstein, writing for Law360, reports that a California
lawyers association urged the Ninth Circuit on Nov. 2 to apply the
National Labor Relations Board's holding that arbitration
agreements containing class action waivers violate workers'
rights, in a former Bloomingdale's Inc. employee's bid to
reinstate a proposed overtime class action.

The California Employment Lawyers Association, an organization of
over 1,000 California attorneys who represent workers in
employment cases, filed an amicus brief in former Bloomingdale's
employee Fatemeh Johnmohammadi's appeal of the decision to send to
individual arbitration her proposed class action.


CANADA: Evraire Seeks Appeal of Tar Pond Class Certification
------------------------------------------------------------
Ryan Van Horne, writing for Cape Breton Post, reports that a
lawyer for the federal justice department said there's not much
difference between his clients -- the taxpayers of Canada -- and
the people who have filed a class-action lawsuit over
contamination at the Sydney tar ponds.

The irony is that these taxpayers also double as plaintiffs,
Evraire told Nova Scotia Appeal Court Justice David Farrar.

"If the court of appeal sanctions the certification decision . . .
we all win," Evraire said.  "With damages in the hundreds of
millions of dollars, the stakes are very high."

The federal lawyer was quick to point out that he is not stalling
by trying to appeal the certification.

"I'll stake my career on this," Evraire said.  "We're not trying
to delay this case, but we want it move forward on the right
issues."

It seems likely then that the group of Sydney-area residents will
get its day in court, but might need to streamline the class-
action lawsuit.

The province and the federal government argued on Nov. 5 that
there are too many differences in the individual cases for it to
be heard as a class-action lawsuit.

Evraire urged the court to allow the appeal because it's a
groundbreaking case.

"It would be acting strange, if I could put it that way, for this
court not to provide direction on an issue that is of such
importance," Evraire told Justice Farrar.

Evraire said this case will not "hide in obscurity" but "will
likely take on increasing importance" and so should be considered
carefully by a panel of judges at the appeal court.

Evraire and Agnes MacNeil, the lawyer for the province, said there
are too many variables among the plaintiffs for it to be a true
class-action lawsuit. They would like to pare it down and make the
trial "leaner and more efficient."

Scott Ritchie, a lawyer with the Ontario firm of Siskinds, argued
on behalf of the plaintiffs.  He said it was important for
everyone affected by the contamination to get their day in court
and that being part of a class-action lawsuit might be their only
way to get access to justice.

"This is the only way on a common sense basis that this issue can
be tried," Mr. Ritchie said.  "The only alternative that has been
suggested would be individual trials."

That scenario would be too inefficient, costly, and prevent people
from getting access to justice, Mr. Ritchie said.

The province and the federal government appealed Nova Scotia
Supreme Court Justice John Murphy's decision after he certified
the lawsuit in January.

On Nov. 5, after almost a full day of arguments, Justice Farrar
reserved his decision on whether to allow the appeal of that
certification.

Three days have been set aside to hear the appeal next March -- if
it goes ahead.

Justice Farrar told lawyers on Nov. 5 that he would try to deliver
a decision as soon as possible, saying he was aware that they had
submissions to make to the Appeal Court by Jan. 4, 2013.  Though
Justice Farrar didn't set a deadline, he said he'd try to let him
know the decision well before that date.

The class-action lawsuit seeks financial compensation and a
medical monitoring fund to deal with contamination from the Sydney
steel plant and coke ovens sites that were operated by the
province and the federal government from 1967 to 2000.

The representative plaintiffs -- Neila MacQueen, Joe Petitpas, Ann
Ross and Iris Crawford -- launched the case eight years ago.
They are acting on behalf of a group of residents Whitney Pier,
Ashby and the north end of Sydney who live within 3.2 kilometres
of the former steel plant.

It is the first environmental class action to be certified in Nova
Scotia.  The class-action suit could cover 6,000 properties and
15,000-20,000 people.

None of the plaintiff's claims have been proven in court.


COINSTAR INC: Consolidated Securities Suit in Wash. Now Closed
--------------------------------------------------------------
Coinstar, Inc. disclosed in its October 25, 2012, Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarter
ended September 30, 2012, that the consolidated securities class
action lawsuit filed in Washington is now closed.

On January 24, 2011, a putative class action complaint was filed
in the U.S. District Court for the Western District of Washington
against Coinstar and certain of its officers.  The complaint
asserts claims under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, as amended, and Rule 10b-5 promulgated
thereunder.  Five substantially similar complaints were later
filed in the same court.  Pursuant to an order of the court dated
March 14, 2011, these six putative class actions were consolidated
as a single action entitled In re Coinstar, Inc. Securities
Litigation.  On April 19, 2011, the court appointed the Employees'
Retirement System of Rhode Island as lead plaintiff and approved
its selection of lead counsel.  A consolidated complaint was filed
on June 17, 2011.  The Company moved to dismiss this complaint on
July 15, 2011.  On October 6, 2011, the court issued an order
granting in part and denying in part the Company's motion to
dismiss.  The order dismissed numerous allegations, including
allegations that the Company's October 28, 2010 revenue and
earnings guidance was false and misleading.  The order also
dismissed all claims against three of the Company's officers.  The
court has set a trial date for September 9, 2013.  This case
purports to be brought on behalf of a class of persons who
purchased or otherwise acquired the Company's stock during the
period from October 28, 2010, to February 3, 2011.  Plaintiffs
allege that the defendants violated the federal securities laws
during this period of time by, among other things, issuing false
and misleading statements about the Company's current and
prospective business and financial results.  Plaintiffs claim
that, as a result of these alleged wrongs, the Company's stock
price was artificially inflated during the purported class period.
Plaintiffs are seeking unspecified compensatory damages, interest,
an award of attorneys' fees and costs, and injunctive relief.

On January 11, 2012, the Company entered into a memorandum of
understanding with the other parties to settle and resolve the
class action.  The settlement provides for a payment to the
plaintiff class of $6.0 million which will be paid by the
Company's insurers.  On February 17, 2012, a stipulation and
agreement of settlement, was filed with the court, along with Lead
Plaintiffs' unopposed motion for preliminary approval of the
settlement.  On April 9, 2012, the court granted preliminary
approval of the settlement.  Following notice to class members,
the class action settlement is subject to final approval by the
United States District Court for the Western District of
Washington.  On August 10, 2012, the court issued a final order
approving the settlement and judgment.  The court also issued an
order approving the allocation plan for the settlement fund.  The
class action is now closed.

The Company has recorded the expected settlement amount and
corresponding insurance recovery within other accrued liabilities
and prepaid expenses and other current assets, respectively, in
its Consolidated Balance Sheets.

                 Shareholder Derivative Actions

Related to this putative class action complaint, on March 2 and
10, 2011, shareholder derivative actions were filed in the
Superior Court of the State of Washington (King County) on March,
allegedly on behalf of and for the benefit of Coinstar, against
certain of its current and former directors and officers.
Coinstar was named as a nominal defendant.  On April 12, 2011, the
court consolidated these actions as a single action entitled In re
Coinstar, Inc. Derivative Litigation.  A third substantially
similar complaint was later filed in the same court.  On April 18,
2011, two purported shareholder derivative actions were filed in
the U.S. District Court for the Western District of Washington.
On May 26, 2011, the court consolidated the federal derivative
actions and joined them with the securities class actions,
captioned In re Coinstar Securities Litigation, for pre-trial
proceedings.  The derivative plaintiffs' consolidated complaint
was filed on July 15, 2011.  The Company moved to dismiss this
complaint on August 12, 2011, on the ground that the plaintiffs
had not made a pre-litigation demand on the Company's Board of
Directors and had not demonstrated that such a demand would have
been futile.  On November 14, 2011, the court granted the
Company's motion and issued an order dismissing the complaint with
leave to amend the compliant.  On November 23, 2011, plaintiffs
moved to stay the action or defer filing of an amended complaint
in order to allow them time to inspect Coinstar's books and
records prior to any such amendment.  On December 22, 2011, the
court entered an order granting in part and denying in part
plaintiffs' motion.  The order grants plaintiffs' request to defer
filing of an amended complaint, but provided that if plaintiffs
choose to file an amended complaint, they must pay attorneys' fees
incurred by defendants on the motion to dismiss the consolidated
complaint.

On April 9, 2012, before expiration of plaintiffs' deadline to
file an amended complaint, the parties filed a joint status report
with the court indicating they had agreed upon a proposed
settlement of the federal and state derivative actions.  This
settlement includes a payment of up to $750,000 in attorneys' fees
(subject to court approval), which will be paid by the Company's
insurers.  On April 27, 2012, a stipulation and agreement of
settlement, was filed with the court, along with Plaintiffs'
unopposed motion for preliminary approval of the settlement.  On
May 25, 2012, the court conducted a hearing on the motion.  On
August 6, 2012, after some supplemental briefing by the parties,
the court granted preliminary approval of the settlement.
Settlement of the derivative action is subject to final approval
by the United States District Court for the Western District of
Washington.  A final approval hearing is scheduled for today,
November 9, 2012.  The state and federal derivative complaints
arise out of many of the factual allegations that were at issue in
the class action, and generally allege that the individual
defendants breached fiduciary duties owed to Coinstar by selling
Coinstar stock while in possession of material non-public
information, and participating in or failing to prevent
misrepresentations regarding Redbox expectations, performance, and
internal controls.  The Company has recorded the expected
settlement amount and corresponding insurance recovery within
other accrued liabilities and prepaid expenses and other current
assets, respectively, in its Consolidated Balance Sheets.

Coinstar, Inc. provides automated retail solutions, including
Redbox and Coin segments.  The Company is based in Bellevue,
Washington.


COINSTAR INC: Continues to Defend Privacy Suit Against Redbox
-------------------------------------------------------------
Coinstar, Inc. continues to defend its subsidiary against a class
action lawsuit alleging violations of the Video Privacy Protection
Act, according to the Company's October 25, 2012, Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarter
ended September 30, 2012.

In March 2011, a California resident, Blake Boesky, individually
and on behalf of all others similarly situated, filed a putative
class action complaint against the Company's Redbox subsidiary in
the U.S. District Court for the Northern District of Illinois.
The plaintiff alleges that Redbox retains personally identifiable
information of consumers for a time period in excess of that
allowed under the Video Privacy Protection Act, 18 U.S.C.
SectionSection 2710, et seq.  A substantially similar complaint
was filed in the same court in March 2011 by an Illinois resident,
Kevin Sterk.  Since the filing of the complaint, Blake Boesky has
been replaced by a different named plaintiff, Jiah Chung, and an
amended complaint has been filed alleging disclosures of
personally identifiable information, in addition to plaintiffs'
claims of retention of such information.  Plaintiffs are seeking
statutory damages, injunctive relief, attorneys' fees, costs of
lawsuit, and interest.  The court has consolidated the cases.  The
court denied Redbox's motion to dismiss the plaintiffs' claims
upon interlocutory appeal, the U.S. Court of Appeals for the
Seventh Circuit reversed the district's court's denial of Redbox's
motion to dismiss Plaintiff's claims involving retention of
information, holding that the Plaintiffs could not maintain a
lawsuit for damages under this theory.

On April 25, 2012, plaintiff amended their complaint to add claims
under the Stored Communications Act, 18 U.S.C. Section 2707, and
for breach of contract.  On May 9, 2012, Redbox moved to dismiss
the amended complaint.  On July 23, 2012, the court dismissed the
added retention claims, except to the extent that plaintiffs seek
injunctive, non-monetary relief.

The Company believes that the claims against it are without merit
and intends to defend itself vigorously in this matter.
Currently, no accrual has been established as it is not possible
to estimate the possible loss or range of loss because this matter
had not advanced to a stage where the Company could make any such
estimate.

CoinStar, Inc. provides automated retail solutions, including
Redbox and Coin segments.  The Company is based in Bellevue,
Washington.


COINSTAR INC: Proceedings in "DiSimone/Sinibaldi" Suit Stayed
-------------------------------------------------------------
The "DiSimone/Sinibaldi" class action lawsuit is currently stayed
while the California Supreme Court considers similar issues in
another lawsuit, Coinstar, Inc. disclosed in its October 25, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended September 30, 2012.

In February 2011, a California resident, Michael Mehrens,
individually and on behalf of all others similarly situated, filed
a putative class action complaint against the Company's Redbox
subsidiary in the Superior Court of the State of California,
County of Los Angeles.  The plaintiff alleges that, among other
things, Redbox violated California's Song-Beverly Credit Card Act
of 1971 ("Song-Beverly") with respect to the collection and
recording of consumer personal identification information, and
violated the California Business and Professions Code Section
17200 based on the alleged violation of Song-Beverly.  A similar
complaint alleging violations of Song-Beverly and the right to
privacy generally was filed in March 2011 in the Superior Court of
the State of California, County of Alameda, by a California
resident, John Sinibaldi.  A third similar complaint alleging only
a violation of Song-Beverly, was filed in March 2011 in the
Superior Court of the State of California, County of San Diego, by
a California resident, Richard Schiff.  Plaintiffs are seeking
compensatory damages and civil penalties, injunctive relief,
attorneys' fees, costs of lawsuit, and interest.  Redbox removed
the Mehrens case to the U.S. District Court for the Central
District of California, the Sinibaldi case to the U.S. District
Court for the Northern District of California, and the Schiff case
to the U.S. District Court for the Southern District of
California.  The Sinibaldi case was subsequently transferred to
the U.S. District Court for the Central District of California,
where the Mehrens case is pending, and these two cases have been
consolidated.  At the same time, the plaintiffs substituted
Nicolle DiSimone as the named plaintiff in the Mehrens case.
After Redbox filed a motion to dismiss, stay, or transfer, the
Schiff case was transferred to the U.S. District Court for the
Central District of California but has not been consolidated with
the Mehrens case.  Redbox moved to dismiss the DiSimone/Sinibaldi
case, and DiSimone/Sinibaldi moved for class certification.

In January 2012, the Court granted Redbox's motion to dismiss with
prejudice and denied DiSimone/Sinibaldi's motion for class
certification as moot.  On February 2, 2012, Plaintiff's filed
their notice of appeal.  The case is currently stayed while the
California Supreme Court considers similar issues involving Song-
Beverly in a case which Redbox is not a party.

The Company believes that the claims against it are without merit
and intends to defend itself vigorously in this matter.
Currently, no accrual has been established as it is not possible
to estimate the possible loss or range of loss because this matter
had not advanced to a stage where the Company could make any such
estimate.

CoinStar, Inc. provides automated retail solutions, including
Redbox and Coin segments.  The Company is based in Bellevue,
Washington.


COINSTAR INC: Amended Class Cert. Bid in "Piechur" Suit Pending
---------------------------------------------------------------
Laurie Piechur's amended motion for class certification in her
lawsuit against Coinstar, Inc.'s Redbox subsidiary is pending,
according to the Company's October 25, 2012, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
September 30, 2012.

In October 2009, an Illinois resident, Laurie Piechur,
individually and on behalf of all others similarly situated, filed
a putative class action complaint against the Company's Redbox
subsidiary in the Circuit Court for the Twentieth Judicial
Circuit, St. Clair County, Illinois.  The plaintiff alleges that,
among other things, Redbox charges consumers illegal and excessive
late fees in violation of the Illinois Consumer Fraud and
Deceptive Business Practices Act, and that Redbox's rental terms
violate the Illinois Rental Purchase Agreement Act or the Illinois
Automatic Contract Renewal Act and the plaintiff is seeking
monetary damages and other relief.  In November 2009, Redbox
removed the case to the U.S. District Court for the Southern
District of Illinois.  In February 2010, the District Court
remanded the case to the Circuit Court for the Twentieth Judicial
Circuit, St. Clair County, Illinois.  In May 2010, the court
denied Redbox's motion to dismiss the plaintiff's claims, and also
denied the plaintiff's motion for partial summary judgment.  In
November 2011, the plaintiff moved for class certification, and
Redbox moved for summary judgment.  The court denied Redbox's
motion for summary judgment in February 2012.

The plaintiff filed an amended complaint on April 19, 2012, and an
amended motion for class certification on June 5, 2012.  The court
denied Redbox's motion to dismiss the complaint, and has not yet
ruled on the motion for class certification.  The parties are
briefing these pending motions.

The Company believes that the claims against it are without merit
and intends to defend itself vigorously in this matter.
Currently, no accrual has been established as it was not possible
to estimate the possible loss or range of loss because this matter
had not advanced to a stage where the Company could make any such
estimate.

CoinStar, Inc. provides automated retail solutions, including
Redbox and Coin segments.  The Company is based in Bellevue,
Washington.


DENTSPLY INT'L: Cavitron(R) Suit Pending in San Francisco County
----------------------------------------------------------------
A class action lawsuit seeking a recall of Cavitron(R) ultrasonic
scalers is pending in San Francisco County, according to DENTSPLY
International Inc.'s October 25, 2012, Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarter ended
September 30, 2012.

On June 18, 2004, Marvin Weinstat, DDS, and Richard Nathan, DDS,
filed a class action lawsuit in San Francisco County, California,
alleging that the Company misrepresented that its Cavitron(R)
ultrasonic scalers are suitable for use in oral surgical
procedures.  The Complaint seeks a recall of the product and
refund of its purchase price to dentists who have purchased it for
use in oral surgery.  The Court certified the case as a class
action in June 2006 with respect to the breach of warranty and
unfair business practices claims.  The class that was certified is
defined as California dental professionals who, at any time during
the period beginning June 18, 2000, through September 14, 2012,
purchased and used one or more Cavitron(R) ultrasonic scalers for
the performance of oral surgical procedures on their patients,
which Cavitrons(R) were accompanied at sale by Directions for Use
that "Indicated" Cavitron(R) use for "periodontal debridement for
all types of periodontal disease."  The case is pending in the San
Francisco County Court.  A Class Notice was mailed beginning
September 14, 2012.


DENTSPLY INT'L: Bid to Dismiss Cavitron(R) Suit it Penn. Denied
---------------------------------------------------------------
DENTSPLY International Inc.'s motion to dismiss a class action
lawsuit brought in Pennsylvania related to Cavitron(R) ultrasonic
scaler was denied and the case will now proceed under the name
"Center City Periodontists," according to the Company's October
25, 2012, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended September 30, 2012.

On December 12, 2006, a Complaint was filed by Carole Hildebrand,
DDS, and Robert Jaffin, DDS, in the Eastern District of
Pennsylvania (the Plaintiffs subsequently added Dr. Mitchell
Goldman as a named class representative).  The case was filed by
the same law firm that filed the Weinstat case in California.  The
Complaint asserts putative class action claims on behalf of
dentists located in New Jersey and Pennsylvania.  The Complaint
seeks damages and asserts that the Company's Cavitron(R)
ultrasonic scaler was negligently designed and sold in breach of
contract and warranty arising from misrepresentations about the
potential uses of the product because it cannot assure the
delivery of potable or sterile water.  Following dismissal of the
case for lack of jurisdiction, the plaintiffs filed a second
complaint under the name of Dr. Hildebrand's corporate practice.
The Company's motion to dismiss this new complaint was denied and
the case will now proceed under the name "Center City
Periodontists."

The Company does not believe a loss is probable related to the
litigation.  Further a reasonable estimate of a possible range of
loss cannot be made.  In the event that one or more of these
matters is unfavorably resolved, it is possible the Company's
results from operations could be materially impacted.


EBIX INC: SEC to Scrutinize Accounting Practices
------------------------------------------------
Greg Farrell, writing for Bloomberg News, reports that Ebix Inc.,
the insurance software company that said it was targeted by short
sellers last year, is being investigated by the U.S. Securities
and Exchange Commission for its accounting practices, four people
with direct knowledge of the probe said.

The SEC investigation, conducted over the past year, is focused on
revenue recognition, internal controls and the accuracy of the
company's public statements to shareholders, said three of the
people, who asked not to be named because the probe wasn't public.

Robin Raina, Ebix's chairman and chief executive officer, said his
company wasn't under SEC scrutiny.

"You could not be more off the mark -- that is a complete lie and
at least not known to us in any manner whatsoever," Mr. Raina
wrote in an e-mail.

There's no public indication that SEC litigation of any kind is
imminent, given that Ebix hasn't received a Wells Notice, a
warning from the SEC that it is prepared to sue.

"We've received no notice from SEC enforcement that they're
investigating us," said John Jordak, a lawyer for Ebix at Alston &
Bird LLP.

Justin Jeffries, the SEC attorney said to be leading the
investigation, didn't return phone calls seeking comment on the
probe.  Kevin Callahan, an SEC spokesman, declined to comment.

The SEC probe comes as Atlanta-based Ebix is fighting at least
four lawsuits accusing it of inflating income levels or
mishandling internal accounting.

                           Class Action

In September, U.S. District Judge Richard Story in Atlanta ruled
that Ebix must face a class action, or group lawsuit.  Judge Story
said in his ruling that investors' claims of misrepresentations
and omissions of facts by Ebix and its management team were
specific enough to allow the case to move forward.

Mr. Jordak, Ebix's outside counsel, said the company planned to
defend itself in the case.  "Ebix is entirely comfortable with the
disclosures it made," he said.

Ebix faces a second investor lawsuit that was filed in federal
court in Manhattan and transferred to Atlanta.

In March, Ebix lost its bid for dismissal of a lawsuit in federal
court in Columbus, Ohio, by the former owners of Peak Performance
Solutions Inc., a company it acquired in 2009.  In May 2011,
Peak's owners sued Ebix, claiming sloppy accounting procedures
deprived them of a $1.5 million earnout promised at the time of
sale.

                         Short Sellers

The lawsuits, which revolve around Ebix's statements of revenue
and earnings, may provide investors with a detailed view of the
internal accounting practices at the company, which has been in
the cross hairs of short sellers since early 2011.

On March 22, 2011, an anonymous blogger writing under the name
"Copperfield Research" posted a critical analysis of the company's
earnings on the Web site Seeking Alpha. The article described Ebix
as a "house of cards."

Two days after that blog post, Ebix's stock fell 24 percent to
$22.52, on volume of 15 million shares.  In the days before the
sell-off, average volume had been less than 1 million shares.  The
company's market capitalization shrank to $878 million from $1.2
billion that day.

Ebix, in a statement dated that March 25, said, "It is
management's opinion that this post misrepresents and distorts
facts not relevant to the company's current financial position,
long-term growth prospects and management policies."

The company said in the statement that, "The Seeking Alpha post
appears to have been issued specifically to cause a decline in the
company's stock price to support the increase in the short
interest in the company stock, and purchases of stock options
related to these short positions."

                          Stock Buybacks

In the three months after the March 2011 sell-off, the company
bought more than 1 million shares of its own stock, out of some 42
million outstanding.  By October 2011, the company said it had
purchased 3.4 million shares of its stock.

As of Nov. 2, the short interest in Ebix stood at 9.6 million
shares, while average volume in October hovered below 200,000
shares a day.  Thus, the company's short interest ratio, or the
amount of time it would take for traders shorting the stock to
cover their position if the price rose, is 50.1 days.  The average
short interest ratio for Nasdaq global market securities in
September was four days.

Since 2008, Ebix has more than doubled its revenue and net income
after acquiring 15 businesses and folding them into its own
operations.  The acquisitions cost more than $166 million,
according to company records and court filings.

                            Goodwill

In 2008, Ebix reported $74.8 million in revenue and net income of
$27.3 million.  In 2011, the last full year available, the company
reported $169 million in revenue and net income of $71.4 million.
The company is scheduled on Nov. 8 to report third-quarter
earnings.

In 2007, before the acquisition spree began, Ebix carried $36.4
million in goodwill on its balance sheet.  By the end of 2011,
that ledger entry increased to $259.2 million.

Three former employees of Ebix, who were interviewed by the SEC in
the matter and asked not to be identified, questioned the quality
of the company's earnings.  In interviews, they noted Ebix's
strategy of booking U.S. revenue to units based in Singapore and
India, where the company enjoys low tax rates.

Since the Seeking Alpha article, several lawsuits have been
initiated against Ebix.  The class action, filed in Georgia in
July 2011, argues Mr. Raina and his team made false and misleading
statements to investors about the company's earnings, which set
the stock up for its dramatic plunge the previous March.

                         Earnout Claims

The lawsuit filed in May 2011 by the former owners of Peak
Performance Solutions brought to light alleged discrepancies in
the way Ebix managed its accounts receivable, one of many topics
highlighted in the Seeking Alpha blog post.  Peak's former owners
accuse Ebix of unfairly reneging on the $1.5 million earnout
promised when it was acquired for $8 million in 2009.

Last April, a businessman who sold another company to Ebix sued
over claims that he was shortchanged on the earnout that was
promised when the deal was struck.  Earnouts are bonus payments to
the sellers based on a company's performance after an acquisition.

Joseph Ott sold Acclamation Systems Inc. to Ebix in 2008 for $22
million.  Mr. Ott said in his lawsuit in state court in Pittsburgh
that Ebix owes him $2.9 million in earnout payments.  Mr. Ott's
lawyer, Mark Dausch of Babst, Calland, Clements & Zomnir PC in
Pittsburgh, declined to comment on the case.

Mr. Jordak, Ebix's lawyer, declined to comment on either of the
earnout lawsuits.

                       Legally Insufficient

In its most recent annual report, for 2011, the company described
the class action and a derivative complaint as "legally
insufficient."  It told investors that, "In the opinion of
management, the ultimate likely disposition of these matters will
not have a material adverse effect on the company's business,
consolidated financial position, results of operations or
liquidity."

Ebix hasn't amended that statement since the September court
ruling allowing the class action to proceed.  The company's
disclosures "speak for themselves," Mr. Jordak said.  He declined
to comment on whether the company planned to update its position
in this week's quarterly earnings statement.

In the "risk factors" section of its annual reports, Ebix has
warned investors that the company might have to recognize an
impairment of goodwill and that it might have "exposure to greater
than anticipated tax liabilities" related to potential tax law
changes that could affect the rates it pays on revenue booked in
India and Singapore.

                         Internal Controls

In the 2011 report, after the lawsuits challenging its accounting
practices, Ebix added a new risk factor regarding internal
controls.

"If we fail to maintain an effective system of internal controls,
we may not be able to accurately determine our financial results
or prevent fraud," the company said in its 10-K report.  "As a
result, our stockholders could lose confidence in our financial
results, which could harm our business and the market value of our
common shares."

Asked about the addition of this fraud warning, Mr. Jordak said
the company's "public filings and risk factors speak for
themselves."

Ebix's annual growth rate has generated positive publicity for the
company and Mr. Raina.  This year, Forbes magazine ranked it as
the sixth-fastest-growing technology company in the U.S.  The
previous year, Ebix made Fortune magazine's list of America's
fastest-growing companies.

                           Homes, Film

In his native India, Mr. Raina enjoys celebrity status.  He has
based the company's software development workforce in the
industrial city of Noida, near New Delhi.

His philanthropic efforts, conducted through the Robin Raina
Foundation, support slum-dwelling children, and he has committed
$15 million to build 6,000 concrete homes for the urban poor in
Bawana in North Eastern Delhi.

As part of his effort to highlight the difficulties of the region,
Mr. Raina produced a 25-minute documentary film, "Dilli," about
the plight of the urban poor.

On the Web site of his foundation, Mr. Raina writes, "I want to
make charity fashionable and cool."

Mr. Raina owns 3.5 million shares of Ebix, accounting for 9
percent of the company's shares.

The investor case is In Re Ebix Inc. Securities Litigation, 11-cv-
02400, U.S. District Court, Northern District of Georgia
(Atlanta).


FOREST LABS: Six Plaintiffs Added to Gender Bias Class Action
-------------------------------------------------------------
Sanford Heisler, LLP on Nov. 5 added six additional female
plaintiffs to the $100 million gender discrimination employment
class action complaint the firm initially filed in July against
New York-based Forest Laboratories, Inc., and Forest
Pharmaceuticals, Inc.

The amended complaint was filed in the federal court for the
Southern District of New York on Nov. 5.  It increases the number
of named plaintiffs to ten and provides additional support to the
assertion that Forest discriminates against its female employees
from coast to coast.

"The amended complaint reflects the unfortunate reality that the
first four named plaintiffs comprise just a fraction of the women
subjected to gender discrimination at Forest Pharmaceuticals,"
said David Sanford, Chairman of Sanford Heisler LLP and lead
attorney for the plaintiffs.  "Information about the full extent
of the hostile work environment that pregnant women and mothers
endure companywide continues to emerge, as more and more women
employed by this pharma giant find out that much of what they are
subjected to as Forest employees is illegal.  We expect this class
to be quite large."

The new named plaintiffs -- all of whom are current or former
high-performing Forest sales representatives -- are Los Angeles
residents Kimberly Clinton and Maria Avila; York, PA, resident
Erin Eckenrode; Lebanon, PA, resident Julie Smyth; Louisville, KY,
resident Andrea Harley; and Girard, IL, resident Christy Louder.
The four original plaintiffs are Pennsylvania resident Megan
Barrett and Texas residents, Lindsey Houser, Jennifer Jones and
Jennifer Seard.

All ten named plaintiffs are current or former sales
representatives of Forest.  "This case is very similar in many
ways to the Novartis gender discrimination case we tried in the
Southern District of New York in 2010 where, on behalf of the
female sales reps, we won a $253 million jury verdict," said
Mr. Sanford.

The original and amended complaints assert Forest's female sales
representatives have been and continue to be paid less than
similarly situated male employees, despite the women's exemplary
work performance.  As a result of their gender, all ten of the
named plaintiffs were denied bonuses, promotions, stock options
and other employment incentives to which they were entitled.

The Nov. 5 complaint also adds additional documentation about
Forest's pervasive pattern of discrimination and harassment of
pregnant sales representatives and female sales representatives
responsible for the care of their young or ill children.  It also
offers strong support for the ten plaintiffs' common assertions
that Forest ignores, disregards, minimizes, covers up or
mishandles evidence of gender discrimination nationwide.

The experiences of the women added by this amended complaint echo
those of the original plaintiffs: When females reported the
discrimination and harassment to which they were subjected to
their superiors or to the company's human resource department,
each of them was retaliated against and several lost their jobs.
Furthermore, no disciplinary action was taken against the males
who discriminated against and harassed them.

"We do not know whether Forest does not have or does not choose to
follow the gender neutral policies, practices and procedures that
are required by federal and state laws," said Katherine Leong, a
member of the litigation team at Sanford Heisler.  "We also do not
know why -- when Forest is provided repeatedly with information
that pregnant women and mothers are among those most severely
harassed and discriminated against -- that this giant company
consistently ignores these reports and punishes the women who make
them.  What we do know is that this gender harassment and
discrimination have already persisted too long and must be brought
to an end."

Forest Laboratories is a global company that develops and markets
prescription and non-prescription pharmaceutical products across
the United States.  On October 16, 2012, the company projected a
2013 income of $3.2 billion.

The Nov. 5 amended filing seeks class certification as the most
efficient, economical means of addressing the questions of law
common to the plaintiffs' claims of a systematic pattern and
practice of gender discrimination by Forest against its female
employees.  The complaint also seeks a declaratory judgment that
Forest has engaged in systemic gender discrimination; a permanent
injunction against continuing discrimination; and injunctive
relief that includes a restructuring of many of Forest's personnel
policies and procedures so that females can compete fairly in the
future under the conditions of employment traditionally enjoyed by
the company's male employees.

In addition, equitable relief in the form of a restructuring at
Forest so that female employees advance into the higher and
better-paying jobs they would have held in the absence of Forest's
pervasive gender discrimination is requested.  Back pay, front pay
and other equitable remedies that will redress the past
discrimination, as well as compensatory damages, punitive damages
and court and legal fees are also requested, as is a jury trial.

                    About Sanford Heisler, LLP

Sanford Heisler is a law firm with offices in Washington, D.C.,
New York, and San Francisco that specializes in employment
discrimination, wage and hour, qui tam and consumer actions and
complex corporate class action litigation and has represented
thousands of individuals in major class action cases in the United
States.  The firm also represents individual clients in
employment, employment discrimination, sexual harassment,
whistleblower, public accommodations, commercial, medical
malpractice, and personal injury matters.


GREGG COVIN: Agrees to Pay $587,500 to Settle "Ten Museum" Suit
---------------------------------------------------------------
Paola Iuspa-Abbott, writing for Daily Business Review, reports
that the developer of Ten Museum Park, a high-rise condo building
in downtown Miami, promised potential buyers luxury amenities,
including services by the celebrated Clinique La Prairie spa.

But after moving in, a group of owners claimed the 50-story
building didn't live up to the high-end standards touted by the
glossy 2005 marketing campaign.  They filed a class-action suit in
Miami-Dade Circuit Court in 2010.

After more than two years of litigation, the parties reached an
agreement last month, with Circuit Court Judge Spencer Eig
approving a settlement.  Miami developer Gregg Covin agreed to pay
$587,500 to the condo association, according to court documents.
The money would be used to improve the common areas of the 200-
unit tower, which was supposed to be one of Miami's most exclusive
buildings.

"Initially, we were seeking individual damage for each unit owner
for what was delivered versus what was promised," said attorney
Michael Schlesinger, who represented the owners.  "But we
compromised by agreeing to represent a class of all owners.  It
was in the best interest of all the owners to have the money go
back into the building."

The association is due to receive the bulk of the funds this week,
said Mr. Schlesinger, with Schlesinger & Associates in Miami.
Nearly $150,000 is earmarked to pay Schlesinger's fees, according
to court documents.

Mr. Covin finished the high rise in 2007 and the units began
closing soon after, before the housing market collapsed.

Mr. Covin said there is nothing wrong with his project. He said he
agreed to the settlement to avoid further costly litigation.

"The building is beautiful and isn't missing any amenities," he
said.  "We would have won in court, but it would have cost a lot
of money."

He blames the lawsuit on a "disgruntled group of people who didn't
get to flip their units" before the housing market crashed and
property values plummeted.

Ten Museum Park owner Candace O'Brien said the settlement money
won't be enough to add some of the things promised in the colorful
brochures, including private cabanas, therapy pavilions, saunas,
plunge pools and attractive landscaping.

Instead, the money would go to pay for basic upgrades, she said.

"We are putting the money to the best use possible, said
Ms. O'Brien, a full-time Ten Museum Park resident.  "We need to
have a lobby that is finished and need to make some improvements
to the pool deck."

Ms. O'Brien is resigned to living without the quality of the spa
and wellness center once hyped by the promotional material.

Armin Mattli, the late founder of Switzerland-based Clinique La
Prairie, was part of the development team and brochures said the
project would offer "white-glove service" exclusive to "Clinique
La Prairie Lifestyle Residences," according to the lawsuit.  They
also promised that residents would receive "endless pampering by
the expertly trained Clinique La Prairie staff . . . [and] whether
pool-side in the Sky Garden or within the posh environment of the
Wellness Center, [each resident] will experience the Swiss passion
for perfection."

Members of the class action lawsuit said the spa they got was
nothing like was promised.

Hazel Goldman, a former unit owner and a class action member, said
the settlement won't compensate for the money she believes she
lost because of the developer's alleged broken promises.

Ms. Goldman bought her 1,802-square-foot condo for $770,000 in
October 2007, according to Miami-Dade property records.  She sold
the condo for $520,000 in June 2011, according to county records.

She attributed part of the loss to the ailing housing market and
part to subpar amenities.

"The market hurt it," she said.  "But it never should have done as
poorly as it did.  If it had been properly finished, I would have
never lost this kind of money.  The building is a joke."

As part of the settlement, Ms. Goldman would get up to $2,500 in
compensation since she no longer owns a unit in the building.

                         Settlement Offer

Mr. Covin said he was ready to settle with the owners more than
two years ago, when the lawsuit was filed.

"They would have gotten a $1 million if they had settled with me
two years ago," he said. "Instead, they kept fighting."

He said the lesson is that condo associations should try to settle
with a developer "right away" because the money set aside for a
settlement is spent in legal fees as the fight drags on.

Mr. Schlesinger said Mr. Covin never offered his clients that much
money.

"That number was floated by the developer nearly three years ago
but it was never officially presented to us," he said.  "The only
offer that was presented to us was significantly lower than that,
which was rejected."

Mr. Schlesinger said the developer declined to meet with his
clients and the condo association early on in the case to try to
reach an agreement.

"That meeting was rejected until mediation was held years later,"
he said.

The parties met in mediation and reached a tentative agreement in
September.

Ms. O'Brien said she is happy the litigation is over.

"It was a long hard road and the developer did not make it easy,
but Schlesinger was tenacious," she said.  "So it is good to have
it behind us."

This experience has taught her a lesson that she hopes other will
learn from it.

"Be very careful about any kind of pre-construction purchase and
look very closely at the developer, . . . who they are and what
they have accomplished," she said.  "Some are better than others."


GUANGDONG VANWARD: Recalls 37,000 Master Forge Gas Grills
---------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
manufacturer, Guangdong Vanward Electric Co., Ltd., of China, and
importer, L G Sourcing, Inc., of North Wilkesboro, North Carolina,
announced a voluntary recall of about 37,000 Master Forge Gas
Grills in the United States of America.  Consumers should stop
using recalled products immediately unless otherwise instructed.
It is illegal to resell or attempt to resell a recalled consumer
product.

If improperly installed, the hose connecting the gas tank and
regulator to the burner control can touch the burner box and cause
the hose to melt and rupture when the grill is lit.  This poses a
fire and burn hazard.

Guangdong Vanward is aware of two reports of hoses melting and
rupturing.  No injuries have been reported.

This recall involves Master Forge four-burner gas grills with a
single-door base.  "Master Forge" is written on the grill's hood.
The model number GD4825 is located on a label inside the door of
the grill's base.  "Item 94227" is written on the cover of the
instruction manual.  A picture of the recalled products is
available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml13/13028.html

The recalled products were manufactured in China and sold
exclusively at Lowe's stores nationwide from November 2011 through
May 2012 for about $270.

Consumers should immediately stop using the grill and inspect the
grill to make sure that the gas hose runs along the outside of the
grill cabinet and passes through the round hole in the side panel.
Consumers should contact Guangdong Vanward Electric for revised
instructions and a warning label to apply to the grill that shows
how to properly install the hose and the regulator.  For
additional information, contact Guangdong Vanward Electric toll-
free at (888) 584-3648 between 8:00 a.m. through 6:00 p.m. Eastern
Time Monday through Friday, or visit the firm's recall Web site at
http://www.94227info.com/


IMAX CORP: Awaits Canadian Court Order in Securities Suit
---------------------------------------------------------
IMAX Corporation is awaiting an order from a Canadian court in
connection with its settlement of a consolidated securities class
action lawsuit, according to the Company's October 25, 2012, Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended September 30, 2012.

The Company and certain of its officers and directors were named
as defendants in eight purported class action lawsuits filed
between August 11, 2006, and September 18, 2006, alleging
violations of U.S. federal securities laws.  These eight actions
were filed in the U.S. District Court for the Southern District of
New York.  On January 18, 2007, the Court consolidated all eight
class action lawsuits and appointed Westchester Capital
Management, Inc. as the lead plaintiff and Abbey Spanier Rodd &
Abrams, LLP as lead plaintiff's counsel.  On October 2, 2007,
plaintiffs filed a consolidated amended class action complaint.
The amended complaint, brought on behalf of shareholders who
purchased the Company's common stock on the NASDAQ between
February 27, 2003, and July 20, 2007 (the "U.S. Class"), alleges
primarily that the defendants engaged in securities fraud by
disseminating materially false and misleading statements during
the class period regarding the Company's revenue recognition of
theater system installations, and failing to disclose material
information concerning the Company's revenue recognition
practices.  The amended complaint also added
PricewaterhouseCoopers LLP, the Company's auditors, as a
defendant.  On April 14, 2011, the Court issued an order
appointing The Merger Fund as the lead plaintiff and Abbey Spanier
Rodd & Abrams, LLP as lead plaintiff's counsel.

On November 2, 2011, the parties entered into a memorandum of
understanding containing the terms and conditions of a settlement
of this action.  On January 26, 2012, the parties executed and
filed with the Court a formal stipulation of settlement and
proposed form of notice to the class, which the Court
preliminarily approved on February 1, 2012.  Under the terms of
the settlement, members of the U.S. Class who did not opt out of
the settlement will release defendants from liability for all
claims that were alleged in this action or could have been alleged
in this action or any other proceeding including the action in
Canada relating to the purchase of IMAX securities on the NASDAQ
from February 27, 2003, and July 20, 2007, or the subject matter
and facts relating to this action.  As part of the settlement and
in exchange for the release, defendants will pay $12.0 million to
a settlement fund which amount will be funded by the carriers of
the Company's directors and officers insurance policy and by
PricewaterhouseCoopers LLP.  On March 26, 2012, the parties
executed and filed with the Court an amended formal stipulation of
settlement and proposed form of notice to the class, which the
court preliminarily approved on March 28, 2012.  On June 20, 2012,
the court issued an order granting final approval of the
settlement.  The settlement is conditioned on the Company's
receipt of an order from the court in the Canadian Action
excluding from the class in the Canadian Action every member of
the class in both actions who has not opted out of the U.S.
settlement.  The hearing on the motion for the order from the
court in the Canadian Action occurred on July 30, 2012, and a
decision from the court is pending.


IMAX CORP: Securities Suit Remains Pending in Ontario, Canada
-------------------------------------------------------------
A class action lawsuit was filed on September 20, 2006, in the
Ontario Superior Court of Justice against IMAX Corporation and
certain of its officers and directors, alleging violations of
Canadian securities laws.  This lawsuit was brought on behalf of
shareholders who acquired the Company's securities between
February 17, 2006, and August 9, 2006.  The lawsuit seeks $210.0
million in compensatory and punitive damages, as well as costs.
For reasons released December 14, 2009, the Court granted leave to
the Plaintiffs to amend their statement of claim to plead certain
claims pursuant to the Securities Act (Ontario) against the
Company and certain individuals and granted certification of the
action as a class proceeding.  These are procedural decisions, and
do not contain any conclusions binding on a judge at trial as to
the factual or legal merits of the claim.  Leave to appeal those
decisions was denied.  The Company believes the allegations made
against it in the statement of claim are meritless and will
vigorously defend the matter, although no assurance can be given
with respect to the ultimate outcome of such proceedings.  The
Company's directors and officers insurance policy provides for
reimbursement of costs and expenses incurred in connection with
this lawsuit as well as potential damages awarded, if any, subject
to certain policy limits, exclusions and deductibles.

No further updates were reported in the Company's October 25,
2012, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended September 30, 2012.


JOHNSON & JOHNSON: Julie Davis Commences Mesh Class Action
----------------------------------------------------------
Steven Deare, writing for News Community Media, reports that a
North Manly mother taking on medical giant Johnson & Johnson in
court on Nov. 6 said almost 200 women have contacted her to form a
class action.

Julie Davis is suing the company in the Federal Court in Sydney
over a mesh product that she said shredded her internal organs.

Mrs. Davis suffered a bladder prolapse after delivering her first
child, and had surgery to install the mesh, which supports the
pelvic floor muscles.

However after the surgery, she struggled to move without pain in
that part of her body and had to use a mobility scooter.

Johnson & Johnson later discontinued the products, but said the
decision was a commercial one and not related to safety or
efficacy.

It said women who received a mesh product did not need to take any
action.

Mrs. Davis said since news broke of her legal proceedings, almost
200 women have contacted her to join a class action.

She was looking forward to the first hearing.

"I'm happy something is finally being done because I've been
trying to get people to listen to this never happens with people
with an implant again," she said.

"I'm really pleased that I've stepped out into the open and
exposed myself and my private life. Other women will connect to
that."

The case has also raised questions of the Therapeutic Goods
Administration.  The product was not clinically tested on the
basis that product category was used to treat other problems, like
urinary incontinence.


KROGER CO: Recalls Deluxe French Vanilla Ice Cream
--------------------------------------------------
The Kroger Co. (NYSE: KR) said it is recalling select containers
of Kroger Deluxe French Vanilla Ice Cream sold at the Company's
Dillons, King Soopers/City Market, Fry's Food and Smith's Food &
Drug operating divisions in 11 states because it may contain
pecans not listed on the label.

Customers should return the product to stores for a full refund or
replacement.

People who are allergic to pecans could have a serious or life-
threatening reaction if they consume this product.  For consumers
who are not allergic to pecans, there is no safety issue with the
product.

Dillons, Gerbes, Bakers, Fry's, King Soopers, City Market and
Smith's stores in the following states are included in this
recall: Arizona, Colorado, Idaho, Kansas, Missouri, Montana,
Nebraska, Nevada, New Mexico, Utah and Wyoming.

Not included in this recall are Kroger, Ralphs, Food 4 Less, Fred
Meyer and QFC stores.

Kroger is recalling the following ice cream: Kroger Deluxe French
Vanilla Ice Cream sold in 48 fluid ounce cartons with a "sell by"
date of June 12, 2013, under the following UPC Code: 11110 50718.

A picture of the recalled products is available at:

         http://www.fda.gov/Safety/Recalls/ucm327131.htm

Kroger has removed affected items from store shelves and initiated
its customer recall notification system that alerts customers who
may have purchased recalled Class 1 products through register
receipt tape messages and phone calls.

Consumers who have questions about this recall may contact Kroger
toll-free at 800-KROGERS (800-576-4377).  For more information,
please visit http://www.kroger.com/recalls/

Kroger, one of the world's largest retailers, employs more than
339,000 associates who serve customers in 2,425 supermarkets and
multi-department stores in 31 states under two dozen local banner
names including Kroger, City Market, Dillons, Jay C, Food 4 Less,
Fred Meyer, Fry's, King Soopers, QFC, Ralphs and Smith's.  The
Company also operates 788 convenience stores, 342 fine jewelry
stores, 1,124 supermarket fuel centers and 37 food processing
plants in the U.S. Recognized by Forbes as the most generous
company in America, Kroger supports hunger relief, breast cancer
awareness, the military and their families, and more than 30,000
schools and grassroots organizations.  Kroger contributes food and
funds equal to 160 million meals a year through more than 80
Feeding America food bank partners.  A leader in supplier
diversity, Kroger is a proud member of the Billion Dollar
Roundtable and the U.S. Hispanic Chamber's Million Dollar Club.


LOCKHEED MARTIN: Class Cert. Denial in 401(k) Plans Suit Appealed
-----------------------------------------------------------------
A court ruling denying class certification of principal claims in
the class action lawsuit filed by beneficiaries in two of Lockheed
Martin Corporation's 401(k) plans has been appealed to the U.S.
Court of Appeals for the Seventh Circuit, according to the
Company's October 25, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended September
30, 2012.

On September 11, 2006, the Company and Lockheed Martin Investment
Management Company (LMIMCo), a subsidiary, were named as
defendants in a lawsuit filed in the U.S. District Court for the
Southern District of Illinois, seeking to represent a class of
purportedly similarly situated participants and beneficiaries in
two of the Company's 401(k) plans.  Plaintiffs allege that the
Company or LMIMCo caused the Company's plans to pay expenses that
were higher than reasonable by, among other actions, permitting
service providers of the plans to engage in revenue sharing,
paying investment management fees for the company stock funds, and
causing the company stock funds to hold cash for liquidity, thus
reducing the return on those funds.  In August 2008, plaintiffs
filed an amended complaint, adding allegations that the Company
breached fiduciary duties under the Employee Retirement Income
Security Act of 1974 ("ERISA") by providing inadequate disclosures
with respect to the Stable Value Fund offered under the Company's
401(k) plans.  On March 31, 2009, the Court dismissed a number of
plaintiffs' claims, leaving three claims for trial, specifically
plaintiffs' claims involving the company stock funds, the Stable
Value Fund, and overall administrative fees.  The Court also
granted class certification on two of plaintiffs' claims.  The
Company appealed the class certification.  On March 15, 2011, the
U.S. Court of Appeals for the Seventh Circuit vacated the District
Court's class certification order and remanded the case to the
District Court. On remand, plaintiffs filed an amended motion for
class certification on the same claims.

On September 24, 2012, the Court entered an order denying class
certification of the Stable Value Fund claims and the Company
stock funds claims between September 2000 and July 2002, and
granting class certification of the administrative fees claims
exclusive of revenue sharing and the company stock funds claims
between August 2002 and December 2008.  Plaintiffs have petitioned
the U.S. Court of Appeals for the Seventh Circuit seeking
discretionary review of this order, which denies class
certification of the principal claims in the case.

The complaint does not allege a specific calculation of damages,
and the Company reasonably cannot estimate the possible loss, or
range of loss, which could be incurred if plaintiffs were to
prevail in the allegations, but believes that it has substantial
defenses.  The Company disputes the allegations and is defending
against them.

Lockheed Martin Corporation is a global security company and
engages in the research, design, development, manufacture,
integration, and sustainment of advanced technology systems and
products.  The Company is headquartered in Bethesda, Maryland.


MYLAN INC: All Claims in Class Action Suits vs. Unit Dismissed
--------------------------------------------------------------
All claims in the class action lawsuits brought by consumers and
third-party payors against a Mylan Inc. subsidiary have been
dismissed, according to the Company's October 25, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended September 30, 2012.

Dey (now known as Mylan Specialty, L.P. and "Mylan Specialty"), a
wholly-owned subsidiary of the Company, was named as a defendant
in several class actions brought by consumers and third-party
payors.  Mylan Specialty has reached a settlement of these class
actions, which has been approved by the court and all claims have
been dismissed.  Additionally, a complaint was filed under seal by
a plaintiff on behalf of the United States of America against Dey
in August 1997.  In August 2006, the Government filed its
complaint-in-intervention and the case was unsealed in September
2006.  The Government asserted that Dey was jointly liable with a
codefendant and sought recovery of alleged overpayments, together
with treble damages, civil penalties and equitable relief.  Dey
completed a settlement of this action in December 2010.  These
cases all have generally alleged that Dey falsely reported certain
price information concerning certain drugs marketed by Dey, that
Dey caused false claims to be made to Medicaid and to Medicare,
and that Dey caused Medicaid and Medicare to make overpayments on
those claims.


NORFOLK SOUTHERN: Appeals Cert. Ruling in Fuel Surcharges MDL
-------------------------------------------------------------
Norfolk Southern Corporation and other defendants have taken an
appeal from the order certifying a class in the consolidated
antitrust lawsuit pending in the District of Columbia, according
to the Company's October 25, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended September
30, 2012.

On November 6, 2007, various antitrust class actions filed against
NS and other Class 1 railroads in various Federal district courts
regarding fuel surcharges were consolidated in the District of
Columbia by the Judicial Panel on Multidistrict Litigation.  On
June 21, 2012, the court certified the case as a class action.
The defendant railroads have appealed such certification, and a
decision by the court to either reject the appeal outright or
proceed with ruling on its merits is pending.  NS believes the
allegations in the complaints are without merit and intends to
vigorously defend the cases.  NS does not believe that the outcome
of these proceedings will have a material effect on its financial
position, results of operations, or liquidity.  A lawsuit
containing similar allegations against NS and four other major
railroads that was filed on March 25, 2008, in the U.S. District
Court for the District of Minnesota was voluntarily dismissed by
the plaintiff subject to a tolling agreement entered into in
August 2008.

Norfolk Southern Corporation -- http://www.nwpipe.com/-- is a
transportation company.  Its Norfolk Southern Railway subsidiary
operates approximately 20,000 route miles in 22 states and the
District of Columbia, serves every major container port in the
eastern United States, and provides efficient connections to other
rail carriers.  Norfolk Southern operates the most extensive
intermodal network in the East and is a major transporter of coal
and industrial products.


REALTY INCOME: Defends Class Suits Over ARCT Acquisition
--------------------------------------------------------
Realty Income Corporation is defending class action lawsuits
arising from its acquisition of American Realty Capital Trust,
Inc., according to the Company's October 25, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended September 30, 2012.

Since the announcement of the proposed acquisition of American
Realty Capital Trust, Inc., or ARCT, on September 6, 2012, six
alleged class actions and/or shareholder derivative actions have
been filed on behalf of alleged ARCT stockholders and/or ARCT
itself in the Circuit Court for Baltimore City, Maryland, under
the following captions: Quaal v. American Realty Capital Trust
Inc., et al., No. 24-C-12-005306, filed September 7, 2012; Hill v.
American Realty Capital Trust, Inc., et al., No. 24-C-12-005502,
filed September 19, 2012; Goldwurm v. American Realty Capital
Trust, Inc., et al., No. 24-C-12-005524, filed September 20, 2012;
Gordon v. Schorsch, et al., No. 24-C-12-005571, filed September
21, 2012; Gregor v. Kahane, et al., No. 24-C-12-005563, filed
September 21, 2012; and Rooker v. American Realty Capital Trust,
Inc., et al., No. 24-C-12-005924.  Plaintiffs in four of the
Maryland actions, Quaal, Hill, Gordon, and Gregor, moved to
consolidate the actions and to appoint Brower Piven, P.C. as lead
counsel for plaintiffs, with support from the plaintiff in the
Rooker action.  Plaintiff in the other outstanding Maryland
action, Goldwurm, filed a cross-motion to consolidate and to
appoint Faruqi & Faruqi LLP as lead counsel.

Two alleged class actions also have been filed on behalf of
alleged ARCT stockholders in the Supreme Court of the State of New
York for New York, New York, under the following captions: The
Carol L. Possehl Living Trust v. American Realty Capital Trust,
Inc., et al., No. 653300-2012, filed September 20, 2012; and
Salenger v. American Realty Capital Trust, Inc. et al., No.
353355-2012, filed September 25, 2012.  On October 18, 2012, the
cases were consolidated under the caption In re American Realty
Capital Trust Shareholders Litigation, and on October 19, 2012,
defendants filed a petition to stay the consolidated case pending
resolution of the actions in Maryland.

All of these complaints name as defendants ARCT, members of the
ARCT board of directors, Realty Income and Tau Acquisition LLC, a
Delaware limited liability company and wholly owned subsidiary of
Realty Income, or Merger Sub.  In each case, the plaintiffs allege
that the ARCT directors breached their fiduciary duties to ARCT
and/or its stockholders in negotiating and approving the
agreement, that the acquisition consideration negotiated in the
agreement improperly values ARCT, that the ARCT stockholders will
not receive fair value for their ARCT common stock in the
acquisition, and that the terms of the agreement impose improper
deal-protection devices that purportedly preclude competing
offers.  The complaints further allege that Realty Income, Merger
Sub, and, in some cases, ARCT aided and abetted those alleged
breaches of fiduciary duty.  Plaintiffs seek injunctive relief,
including enjoining or rescinding the acquisition, and an award of
other unspecified attorneys' and other fees and costs, in addition
to other relief.

Realty Income believes that these actions have no merit and
intends to respond to them in due course.


REALTY INCOME: Defends Class Suits Over ARCT Acquisition
--------------------------------------------------------
Realty Income Corporation is defending class action lawsuits
arising from its acquisition of American Realty Capital Trust,
Inc., according to the Company's October 25, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended September 30, 2012.

Since the announcement of the proposed acquisition of American
Realty Capital Trust, Inc., or ARCT, on September 6, 2012, six
alleged class actions and/or shareholder derivative actions have
been filed on behalf of alleged ARCT stockholders and/or ARCT
itself in the Circuit Court for Baltimore City, Maryland, under
the following captions: Quaal v. American Realty Capital Trust
Inc., et al., No. 24-C-12-005306, filed September 7, 2012; Hill v.
American Realty Capital Trust, Inc., et al., No. 24-C-12-005502,
filed September 19, 2012; Goldwurm v. American Realty Capital
Trust, Inc., et al., No. 24-C-12-005524, filed September 20, 2012;
Gordon v. Schorsch, et al., No. 24-C-12-005571, filed September
21, 2012; Gregor v. Kahane, et al., No. 24-C-12-005563, filed
September 21, 2012; and Rooker v. American Realty Capital Trust,
Inc., et al., No. 24-C-12-005924.  Plaintiffs in four of the
Maryland actions, Quaal, Hill, Gordon, and Gregor, moved to
consolidate the actions and to appoint Brower Piven, P.C. as lead
counsel for plaintiffs, with support from the plaintiff in the
Rooker action.  Plaintiff in the other outstanding Maryland
action, Goldwurm, filed a cross-motion to consolidate and to
appoint Faruqi & Faruqi LLP as lead counsel.

Two alleged class actions also have been filed on behalf of
alleged ARCT stockholders in the Supreme Court of the State of New
York for New York, New York, under the following captions: The
Carol L. Possehl Living Trust v. American Realty Capital Trust,
Inc., et al., No. 653300-2012, filed September 20, 2012; and
Salenger v. American Realty Capital Trust, Inc. et al., No.
353355-2012, filed September 25, 2012.  On October 18, 2012, the
cases were consolidated under the caption In re American Realty
Capital Trust Shareholders Litigation, and on October 19, 2012,
defendants filed a petition to stay the consolidated case pending
resolution of the actions in Maryland.

All of these complaints name as defendants ARCT, members of the
ARCT board of directors, Realty Income and Tau Acquisition LLC, a
Delaware limited liability company and wholly owned subsidiary of
Realty Income, or Merger Sub.  In each case, the plaintiffs allege
that the ARCT directors breached their fiduciary duties to ARCT
and/or its stockholders in negotiating and approving the
agreement, that the acquisition consideration negotiated in the
agreement improperly values ARCT, that the ARCT stockholders will
not receive fair value for their ARCT common stock in the
acquisition, and that the terms of the agreement impose improper
deal-protection devices that purportedly preclude competing
offers.  The complaints further allege that Realty Income, Merger
Sub, and, in some cases, ARCT aided and abetted those alleged
breaches of fiduciary duty.  Plaintiffs seek injunctive relief,
including enjoining or rescinding the acquisition, and an award of
other unspecified attorneys' and other fees and costs, in addition
to other relief.

Realty Income believes that these actions have no merit and
intends to respond to them in due course.


REVLON INC: Awaits OK of $9.2M Settlement of Exchange Offer Suits
-----------------------------------------------------------------
Revlon, Inc. is awaiting court approval of an agreement to settle
for $9.2 million lawsuits arising from its voluntary exchange
offer consummated in October 2009, according to the Company's
October 25, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended September 30, 2012.

On October 8, 2009, the Company consummated its voluntary exchange
offer in which, among other things, Revlon, Inc. issued to
stockholders who elected to exchange shares (other than MacAndrews
& Forbes) 9,336,905 shares of its Preferred Stock in exchange for
the same number of shares of Revlon, Inc. Class A Common Stock
tendered in the Exchange Offer (the "Exchange Offer").  On April
24, 2009, May 1, 2009, May 5, 2009, and
May 12, 2009, respectively, four purported class actions were
filed by each of Vern Mercier, Arthur Jurkowitz, Suri Lefkowitz
and T. Walter Heiser in the Court of Chancery of the State of
Delaware (the "Chancery Court").  On May 4, 2009, a purported
class action was filed by Stanley E. Sullivan in the Supreme Court
of New York, New York County.  Each such lawsuit was brought
against Revlon, Inc., Revlon, Inc.'s then directors and MacAndrews
& Forbes, and challenged a merger proposal which MacAndrews &
Forbes made on April 13, 2009, which would have resulted in
MacAndrews & Forbes and certain of its affiliates owning 100% of
Revlon, Inc.'s outstanding Common Stock (in lieu of consummating
such merger proposal, the Company consummated the Exchange Offer).
Each action sought, among other things, to enjoin the proposed
merger transaction.  On June 24, 2009, the Chancery Court
consolidated the four Delaware actions (the "Initial Consolidated
Action"), and appointed lead counsel for plaintiffs.  As announced
on August 10, 2009, an agreement in principle was reached to
settle the Initial Consolidated Action, as set forth in a
Memorandum of Understanding (as amended in September 2009, the
"2009 Settlement Agreement").

On December 24, 2009, an amended complaint was filed in the
Sullivan action alleging, among other things, that defendants
should have disclosed in the Company's Offer to Exchange for the
Exchange Offer information regarding the Company's financial
results for the fiscal quarter ended September 30, 2009.  On
January 6, 2010, an amended complaint was filed by plaintiffs in
the Initial Consolidated Action making allegations similar to
those in the amended Sullivan complaint. Revlon initially believed
that by filing the amended complaint, plaintiffs in the Initial
Consolidated Action had formally repudiated the 2009 Settlement
Agreement, and on January 8, 2010, defendants filed a motion to
enforce the 2009 Settlement Agreement.

In addition to the amended complaints in the Initial Consolidated
Action and the Sullivan action, on December 21, 2009, certain of
Revlon, Inc.'s current directors, a former director and MacAndrews
& Forbes were named as defendants in a purported class action
filed in the Chancery Court by Edward Gutman.  Also on December
21, 2009, a second purported class action was filed in the
Chancery Court against certain of Revlon, Inc.'s current directors
and a former director by Lawrence Corneck.  The Gutman and Corneck
actions make allegations similar to those in the amended
complaints in the Sullivan action and the Initial Consolidated
Action.  On January 15, 2010, the Chancery Court consolidated the
Gutman and Corneck actions with the Initial Consolidated Action
(the Initial Consolidated Action, as consolidated with the Gutman
and Corneck actions, is hereafter referred to as the "Consolidated
Action").  A briefing schedule was then set to determine the
leadership structure for plaintiffs in the Consolidated Action.

On March 16, 2010, after hearing oral argument on the leadership
issue, the Chancery Court changed the leadership structure for
plaintiffs in the Consolidated Action.  Thereafter, newly
appointed counsel for the plaintiffs in the Consolidated Action
and the defendants agreed that the defendants would withdraw their
motion to enforce the 2009 Settlement Agreement and that merits
discovery would proceed.  Defendants agreed not to withdraw any of
the concessions that had been provided to the plaintiffs as part
of the 2009 Settlement Agreement.

On May 25, 2010, plaintiffs' counsel in the Consolidated Action
filed an amended complaint alleging breaches of fiduciary duties
arising out of the Exchange Offer and that defendants should have
disclosed in the Company's Offer to Exchange information regarding
the Company's financial results for the fiscal quarter ended
September 30, 2009.  On January 10, 2012, plaintiffs' counsel
filed a motion for class certification.  Briefing on that motion
was not completed.  Merits discovery proceeded in the Consolidated
Action.

On December 31, 2009, a purported class action was filed in the
U.S. District Court for the District of Delaware by John Garofalo
against Revlon, Inc., certain of Revlon, Inc.'s current directors,
a former director and MacAndrews & Forbes alleging federal and
state law claims stemming from the alleged failure to disclose in
the Offer to Exchange certain information relating to the
Company's financial results for the fiscal quarter ended September
30, 2009.  On July 29, 2011, the plaintiff in this action filed an
amended complaint.  On January 31, 2012, defendants filed motions
to dismiss the amended complaint in the Garofalo action.  On March
2, 2012, the plaintiff in the Garofalo action filed a response
opposing defendants' motions to dismiss, and a motion
alternatively seeking leave to amend and file a second amended
complaint.  Briefing is complete on the motions to dismiss and
motion to amend and defendants requested oral argument. Defendants
previously reached an agreement with the plaintiff in the Garofalo
action to permit the plaintiff to participate in merits discovery
in the Consolidated Action, and agreed to permit the plaintiff to
continue to participate in the merits discovery while the motions
to dismiss are pending. An agreement was also reached with the
plaintiff in the Sullivan action to stay proceedings in that
action, including any response to the amended complaint, until
December 21, 2012, so that the plaintiff could participate in the
merits discovery in the Consolidated Action.

On May 11, 2010, a purported derivative action was filed in the
U.S. District Court for the District of Delaware by Richard
Smutek, derivatively and on behalf of Revlon, Inc. against Revlon,
Inc.'s then current directors and MacAndrews & Forbes alleging
breach of fiduciary duty in allowing the Exchange Offer to proceed
and failing to disclose in the Offer to Exchange certain
information related to the Company's financial results for the
fiscal quarter ended September 30, 2009.  On August 16, 2010,
defendants moved to dismiss the complaint.  Briefing on
defendants' motions to dismiss was completed on December 10, 2010.
Thereafter, the parties requested oral argument on the motions to
dismiss.  On September 27, 2010, plaintiff filed a motion to
compel discovery. In response, defendants moved to strike
plaintiff's motion to compel discovery or, in the alternative, for
an extension of time for defendants to respond to plaintiff's
motion.  On October 17, 2011, the U.S. District Court for the
District of Delaware denied plaintiff's motion to compel and
granted defendants' motion to strike.

Plaintiffs in each of these actions sought, among other things, an
award of damages and the costs and disbursements of such actions,
including a reasonable allowance for the fees and expenses of each
such plaintiff's attorneys and experts.  Because the Smutek action
is styled as a derivative action on behalf of the Company, any
award of damages, costs and disbursements would be made to and for
the benefit of the Company.

Although the Company disputes the allegations in the pending
actions and believes them to be without merit, on June 21, 2012,
without admitting any liability, Revlon, Inc., Revlon, Inc.'s then
directors and MacAndrews & Forbes (collectively, "Defendants")
entered into a binding Memorandum of Understanding ("MOU") with
Fidelity Management & Research Company ("FMR Co.") and its
investment advisory affiliates, all of which are direct or
indirect subsidiaries of FMR LLC (collectively, "Fidelity"), which
through various funds and management agreements controlled the
largest block of shares to participate in the Exchange Offer, to
settle potential claims Fidelity could have as a potential member
of the classes that plaintiffs seek to certify in the pending
actions.

Fidelity executed the MOU on behalf of 6,111,879 shares (the
"Fidelity Controlled Shares") out of the 6,933,526 shares (the
"Fidelity Shares") of the Company's Class A Common Stock that
Fidelity exchanged in the Exchange Offer, and pursuant to the
terms of the MOU, the remaining 821,647 shares agreed on July 12,
2012, to participate in the settlement.  As part of the
settlement, Fidelity agreed, among other things, to accept a cash
payment from Defendants of $22.5 million (the "Fidelity Settlement
Amount"), which amount was subsequently paid from insurance
proceeds in July 2012, in exchange for Fidelity's opting out with
respect to the Fidelity Shares of any purported class action
related to the Exchange Offer and Fidelity's release of all
related potential claims.  On July 20, 2012, Fidelity and the
Defendants executed a final Stipulation and Settlement Agreement
(the "Stipulation") the terms of which are substantively identical
to the terms of the MOU.  The Stipulation supersedes the MOU.  In
addition, on July 17, 2012, the Defendants entered into a binding
MOU with two additional stockholders who collectively exchanged
310,690 shares in the Exchange Offer, the terms of which are
substantively identical to the settlement with Fidelity and call
for the payment of $1 million, in the aggregate, to the two
stockholders.  In August 2012, Defendants and the two additional
stockholders executed a final Stipulation and Settlement Agreement
which supersedes, and is substantively identical to, the MOU.  The
$1 million payment was subsequently paid from insurance proceeds
in August 2012.

In the second quarter of 2012, the Company recorded a charge and
corresponding income from insurance proceeds related to the
Company's estimated allocable portion of the Fidelity Settlement
Amount and the additional $1 million payment, which resulted in no
impact to the Company's Statement of Operations and Comprehensive
(Loss) Income for the second quarter of 2012.

The Defendants also agreed with Fidelity and the two additional
stockholders (together, the "settling stockholders") that, in the
event a settlement is reached with the purported class action
plaintiffs, or an award of damages is issued following a trial in
any of the actions, and that settlement amount or damage award
exceeds the settlement amounts on a per share basis received by
the settling stockholders, the settling stockholders would each
receive additional consideration subject to certain parameters.
The agreements with the settling stockholders are not subject to
court approval and have no effect on the actions other than to
exclude the settling stockholders from any certified class.

Although the Company continues to believe it has meritorious
defenses to the asserted claims in the actions, the Defendants and
plaintiffs agreed to the terms of a settlement and on
October 8, 2012, executed settlement agreements that, if approved
by the courts to which they are presented, will resolve all claims
in all of the actions (the "Settlement").

The Settlement provides that the Defendants will make net cash
payments totaling approximately $9.2 million to settle all of the
actions, and full and complete releases will be provided to
Defendants from all plaintiffs.  If approved by the courts, the
Settlement will also result in additional payments to the settling
stockholders totaling approximately $4.2 million, of which
approximately $4 million will be paid to Fidelity.

As previously disclosed in the Q2 2012 Form 10-Q, in the second
quarter of 2012, the Company recorded a charge of $6.7 million
with respect to the Company's then-estimated costs of resolving
the actions, including the Company's estimate at that time of
additional payments to be made to the settling stockholders.  In
addition to the charge of $6.7 million it recorded in the second
quarter of 2012, the Company has recorded an additional charge of
$2.2 million in the third quarter of 2012 in connection with
payments to be made by the Company as a result of the Settlement
and the additional payments to be made to the settling
stockholders.  This additional charge is included within SG&A
expenses in the Company's Statements of Operations and
Comprehensive (Loss) Income for the three and nine months ended
September 30, 2012.

There can be no assurance as to the amount, if any, of additional
insurance proceeds that the Company may receive in connection with
its resolution of the actions.  In any event, at least $5 million
of future payments to be made by the Defendants relating to these
matters, including expenses, will not be covered by insurance.

The Settlement is subject to court approval.


ROBERT K. MERICLE: Attorneys to Get $4MM Share From Settlement
--------------------------------------------------------------
Dave Janoski, writing for Citizens Voice, reports that attorneys
representing former juvenile offenders who filed class-action
suits in the kids-for-cash scandal will share around $4 million in
legal fees and expenses from a $17.75 million settlement with
local developer Robert K. Mericle under a proposed agreement filed
on Nov. 5 in U.S. District Court.

Mr. Mericle has admitted to paying more than $2 million to two
former Luzerne County judges who placed juveniles in two for-
profit detention centers built by his construction firm.  The
settlement with 1,800 former juvenile defendants and their parents
is to be finalized in a conference before U.S. District Judge A.
Richard Caputo on Nov. 19 in Wilkes-Barre.

The former defendants and their parents are represented by a legal
team that includes several Philadelphia firms, local attorneys
Michael J. Cefalo and Barry H. Dyller and The Juvenile Law Center,
a nonprofit public advocacy group from Philadelphia.

Marsha Levick, deputy director and chief counsel of The Juvenile
Law Center, said it has not been determined how the various firms
and the center will distribute the fees and expenses, which total
$4.33 million.  Nearly $708,000 in expenses have already been
approved, but more may be incurred as the settlement proceeds,
according to court documents.

Ms. Levick said the legal fees, which amount to 24.42 percent of
the total settlement, are appropriate.

"This litigation has been going on for nearly four years.  It is
complex and has not only involved more than 2,000 potential
clients, it has involved multiple defendants."

The plaintiffs claim they were unfairly incarcerated, fined or
assessed fees as part of a conspiracy in which the two judges,
Michael T. Conahan and Mark A. Ciavarella Jr., collected payments
for placing juveniles in the two for-profit centers.  The state
Supreme Court found that Mr. Ciavarella, the county's longtime
juvenile court judge, failed to advise juveniles of their right to
counsel, imprisoned them on minor charges and pressured juvenile
probation officials to recommend incarceration over other types of
discipline.

The Supreme Court expunged the convictions of every juvenile who
appeared before Mr. Ciavarella in 2005-2008, even those who had
not been incarcerated in the two for-profit detention centers.
All of the juveniles were eligible to participate in the class-
action suit, with those who were incarcerated in the two centers
eligible for larger settlement payments under the agreement with
Mr. Mericle.

Mr. Mericle, who is awaiting sentencing for failing to report a
felony in the case, did not acknowledge wrongdoing in agreeing to
the settlement.

The two judges, who are serving lengthy prison terms, remain
defendants in the class-action suits, as do a former co-owner of
the centers who also made payments to the judges and the companies
that still own and operate them.


ROYAL CARIBBEAN: Appeal From Dismissal of Attendants' Suit Junked
-----------------------------------------------------------------
Stateroom attendants' appeal from a court decision dismissing
their class action lawsuit was dismissed for lack of jurisdiction,
according to Royal Caribbean Cruises Ltd.'s October 25, 2012, Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended September 30, 2012.

A class action complaint was filed in June 2011 against Royal
Caribbean Cruises Ltd. in the United States District Court for the
Southern District of Florida on behalf of a purported class of
stateroom attendants employed onboard Royal Caribbean
International cruise vessels alleging that they were required to
pay other crew members to help with their duties in violation of
the U.S. Seaman's Wage Act.  The lawsuit also alleges that certain
stateroom attendants were required to work back of house
assignments without the ability to earn gratuities in violation of
the U.S. Seaman's Wage Act.  Plaintiffs seek judgment for damages,
wage penalties and interest in an indeterminate amount.  In May
2012, the Court granted the Company's motion to dismiss the
complaint on the basis that the applicable collective bargaining
agreement requires any such claims to be arbitrated.  Plaintiff's
appeal of this decision was dismissed for lack of jurisdiction by
the United States Court of Appeals, 11th Circuit.  The Company
believes the claims made against it are without merit and it
intends to vigorously defend itself against them.


ROYAL CARIBBEAN: Awaits Ruling on Bid to Dismiss Suit in Florida
----------------------------------------------------------------
Royal Caribbean Cruises Ltd. is awaiting a court decision on its
motion to dismiss a consolidated class action lawsuit in Florida,
according to the Company's October 25, 2012, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
September 30, 2012.

Between August 1, 2011, and September 8, 2011, three similar
purported class action lawsuits were filed against the Company and
certain of its current and former officers in the U.S. District
Court of the Southern District of Florida.  The cases have since
been consolidated and a consolidated amended complaint was filed
on February 17, 2012.  The consolidated amended complaint was
filed on behalf of a purported class of purchasers of the
Company's common stock during the period from October 26, 2010,
through July 27, 2011, and names the Company, its Chairman and
CEO, its CFO, the President and CEO of its Royal Caribbean
International brand and the former President and CEO of its
Celebrity Cruises brand as defendants.  The consolidated amended
complaint alleges violations of Section 10(b) of the Securities
Exchange Act of 1934 and SEC Rule 10b-5 as well as, in the case of
the individual defendants, the control person provisions of the
Securities Exchange Act.  The complaint principally alleges that
the defendants knowingly made incorrect statements concerning the
Company's outlook for 2011 by not taking into proper account
lagging European and Mediterranean bookings.  The consolidated
amended complaint seeks unspecified damages, interest, and
attorneys' fees.  The Company filed a motion to dismiss the
complaint on April 9, 2012.  The Company believes the claims made
against it are without merit and it intends to vigorously defend
itself against them.


SERVICE CORP: Settled Antitrust Suit for Immaterial Amount
----------------------------------------------------------
Service Corporation International settled for an immaterial amount
in September 2012 an antitrust class action lawsuit commenced in
Texas, according to the Company's October 25, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended September 30, 2012.

The Company was named as a defendant in an antitrust case filed in
2005.  The case is Cause No 4:05-CV-03394; Funeral Consumers
Alliance, Inc. v. Service Corporation International, et al.; in
the United States District Court for the Southern District of
Texas -- Houston ("Funeral Consumers Case").  This was a purported
class action on behalf of casket consumers throughout the United
States alleging that the Company and several other companies
involved in the funeral industry violated federal antitrust laws
and state consumer laws by engaging in various anti-competitive
conduct associated with the sale of caskets.  After the U.S. Fifth
Circuit Court of Appeals affirmed denial of class certification,
the Company settled this case in September 2012 for an amount that
is not material to the Company.


SERVICE CORP: Trial in "Sands" Class Suit Set for February 2013
---------------------------------------------------------------
The class action lawsuit initiated by F. Charles Sands is
scheduled for trial in February 2013, according to Service
Corporation International's October 25, 2012, Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarter
ended September 30, 2012.

F. Charles Sands, individually and on behalf of all others
similarly situated, v. Eden Memorial Park, et al.; Case No.
BC421528; in the Superior Court of the State of California for the
County of Los Angeles -- Central District, was filed in September
2009 against Service Corporation International (SCI) and certain
subsidiaries regarding the Company's Eden Memorial Park cemetery
in Mission Hills, California.  The plaintiff seeks compensatory,
consequential and punitive damages as well as the appointment of a
receiver to oversee cemetery operations.  The plaintiff alleges
the cemetery engaged in wrongful burial practices and did not
disclose them to customers.  After a hearing in February 2012, the
court in May 2012 issued an order certifying classes of cemetery
plot owners and their families based on alleged Company
misrepresentation, concealment or nondisclosure of material facts
regarding improper burial practices pertaining to the period from
February 1985 to September 2009.  Pursuant to a court order, the
Company may be precluded from making certain arguments that
challenge the sufficiency of plaintiff's physical evidence,
although the extent to which that order will apply at trial
remains unclear.  The case is scheduled for trial in February
2013.  The Company says it cannot quantify its ultimate liability,
if any, for the payment of any damages.


SERVICE CORP: Removed "Schwartz" Suit to Florida District Court
---------------------------------------------------------------
The class action lawsuit initiated by Barbara Schwartz and Carol
Neitlich in the Circuit Court for Palm Beach County, Florida, was
removed to the U.S. District Court for the Southern District of
Florida, according to Service Corporation International's
October 25, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended September 30, 2012.

The lawsuit captioned Barbara Schwartz & Carol Neitlich,
Individually and on behalf of all others similarly situated v. SCI
Funeral Services of Florida, Inc., et al.; Case No. 2012CA015954,
In the Circuit Court of the 15th Judicial District in and for Palm
Beach County, Florida, has been removed to the U.S. District Court
for the Southern District of Florida and is now Case No. 9:12-CV-
80180-DMM.  This case was filed by counsel for plaintiffs in the
Sands case regarding the Company's Star of David Memorial Gardens
Cemetery and Funeral Chapel and Bailey Memorial Gardens located in
North Lauderdale, Florida.  Plaintiffs seek to certify a class of
cemetery plot owners and their families.  Plaintiffs allege the
cemetery engaged in wrongful burial practices and did not disclose
them to customers.  Plaintiffs seek compensatory, consequential
and punitive damages as well as the appointment of a receiver to
oversee the cemetery operations.  The Company says it cannot
quantify its ultimate liability, if any, for the payment of
damages.


SERVICE CORP: "Schwartz" Plaintiffs Withdrew Class Claims
---------------------------------------------------------
Barbara Schwartz, et al., have withdrawn their class claims in
their lawsuit commenced in Florida in July 2012, according to
Service Corporation International's October 25, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended September 30, 2012.

The case captioned Barbara Schwartz et al., individually and on
behalf of all others similarly situated v. SCI Funeral Services of
Florida, Inc., et al.; Case No. 2012CA013207AB; in the Circuit
Court of the 15th Judicial Circuit in and for Palm Beach County of
Florida, was filed by counsel for plaintiffs in the Sands case in
July 2012 regarding (i) the Company's Star of David Memorial
Gardens Cemetery and Funeral Chapel & Baily Memorial Gardens
located in North Lauderdale, Florida, and (ii) the Beth David
Memorial Gardens and Chapel located in Hollywood, Florida ("Beth
David").  Although the Company acquired Beth David in connection
with its 2006 acquisition of Alderwoods Group, Inc., the Company
never managed the cemetery and sold it to a third party shortly
after closing on the Alderwoods acquisition.  The defendants in
the case include a Company subsidiary, a third party and others.
The plaintiffs seek to certify a class of cemetery plot owners and
their families who are Florida citizens.  The plaintiffs allege
the cemeteries engaged in wrongful burial practices and did not
disclose them to customers.  The plaintiffs seek actual damages as
well as the appointment of a receiver to oversee cemetery
operations.  In response to the Company's motion to dismiss, the
plaintiffs amended their complaint to dismiss certain parties and
to withdraw their class claims; however, the plaintiffs have filed
two additional lawsuits.  Since the plaintiffs have withdrawn
their class claims, the Company does not consider this case to be
material and this case will not be described in the Company's
future reports.


SERVICE CORP: Defends "Niven" Class Action Suit in Florida
----------------------------------------------------------
Service Corporation International is defending a class action
lawsuit filed by Janie Niven and Jennifer Mazzo in Florida,
according to the Company's October 25, 2012, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
September 30, 2012.

Janie Niven & Jennifer Mazzo, Individually and on behalf of all
others similarly situated v. SCI Funeral Services of Florida,
Inc., et al.; Case No. 2012CA015951, In the Circuit Court of the
15th Judicial District in and for Palm Beach County, Florida, was
filed by plaintiffs in the Sands and Schwartz cases regarding Beth
David Memorial Gardens and Chapel located in Hollywood, Florida.
Although the Company acquired the cemetery in connection with its
2006 acquisition of Alderwoods Group, Inc., the Company never
managed the cemetery and sold it to a third-party shortly after
closing on the Alderwoods acquisition.  Plaintiffs seek to certify
a class of cemetery plot owners and their families.  Plaintiffs
allege the cemetery engaged in wrongful burial practices and did
not disclose them to customers.  Plaintiffs seek compensatory,
consequential and punitive damages as well as the appointment of a
receiver to oversee the cemetery operations.  The Company says it
cannot quantify its ultimate liability, if any, for the payment of
damages.


SERVICE CORP: Appeal From Class Cert. in "Garcia" Suit Pending
--------------------------------------------------------------
Reyvis Garcia and Alicia Garcia v. Alderwoods Group, Inc., Osiris
Holding of Florida, Inc., a Florida corporation, d/b/a Graceland
Memorial Park South, f/k/a Paradise Memorial Gardens, Inc., was
filed in December 2004, in the Circuit Court of the Eleventh
Judicial Circuit in and for Miami-Dade County, Florida, Case No.
04-25646 CA 32.  Plaintiffs are the son and sister of the
decedent, Eloisa Garcia, who was buried at Graceland Memorial Park
South in March 1986, when the cemetery was owned by Paradise
Memorial Gardens, Inc.  Initially, the lawsuit sought damages on
the individual claims of the plaintiffs relating to the burial of
Eloisa Garcia.  Plaintiffs claimed that due to poor recordkeeping,
spacing issues and maps, and the fact that the family could not
afford to purchase a marker for the grave, the burial location of
the decedent could not be readily located.  Subsequently, the
decedent's grave was located and verified.  In July 2006,
plaintiffs amended their complaint, seeking to certify a class of
all persons buried at this cemetery whose burial sites cannot be
located, claiming that this was due to poor recordkeeping, maps,
and surveys at the cemetery.  Plaintiffs subsequently filed a
third amended class action complaint and added two additional
named plaintiffs.  The plaintiffs are seeking unspecified monetary
damages, as well as equitable and injunctive relief.  On May 4,
2011, the trial court certified a class and Service Corporation
International is appealing that ruling.  The Company says it
cannot quantify its ultimate liability, if any, for the payment of
any damages.

No further updates were reported in the Company's October 25,
2012, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended September 30, 2012.


SERVICE CORP: Continues to Defend Wage and Hour Class Suits
-----------------------------------------------------------
Service Corporation International continues to defend class action
lawsuits alleging violations of wage and hour laws, according to
the Company's October 25, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended September
30, 2012.

The Company is named a defendant in various lawsuits alleging
violations of federal and state laws regulating wage and hour
overtime pay, including but not limited to the Prise, Bryant and
Southern lawsuits.

Prise, et al., v. Alderwoods Group, Inc., and Service Corporation
International; Cause No. 06-164; in the United States District
Court for the Western District of Pennsylvania (the "Wage and Hour
Lawsuit") was filed by two former Alderwoods (Pennsylvania), Inc.
employees in December 2006 and was originally brought under the
Fair Labor Standards Act ("FLSA") and various state laws on behalf
of all Alderwoods and SCI-affiliated employees who performed work
for which they allegedly were not fully compensated, including
work for which overtime pay was owed.  Although the court
initially conditionally certified an FLSA class of claims as to
certain job positions for Alderwoods employees, the court granted
the Company's motion to decertify the class on September 9, 2011,
and dismissed the claims of all collective members except two
named plaintiffs.  Of the two remaining plaintiffs, one has
dismissed her claims with prejudice.  The other plaintiff
continues to assert her individual claims under the FLSA for
alleged failure to maintain proper records and to pay overtime.
She also seeks injunctive relief, unpaid wages, liquidated,
compensatory, consequential and punitive damages, attorneys' fees
and costs, and pre- and post-judgment interest.  The Company says
it cannot quantify its ultimate liability, if any, in this
lawsuit.

Bryant, et al. v. Service Corporation International, et al.; Case
No. RG-07359593; and Helm, et al. v. AWGI & SCI; Case No. RG-
07359602; in the Superior Court of the State of California, County
of Alameda, were filed on December 5, 2007, by counsel for
plaintiffs in the Wage and Hour Lawsuit.  These cases assert state
law claims similar to the federal claims asserted in the Wage and
Hour Lawsuit.  These cases were removed to federal court in the
U.S. District Court for the Northern District of California, San
Francisco/Oakland Division.  The Bryant case is now Case No. 3:08-
CV-01190-SI and the Helm case is now Case No. C 08-01184-SI.  On
December 29, 2009, the court in the Helm case denied the
plaintiffs' motion to certify the case as a class action.  The
plaintiffs modified and refiled their motion for certification.
On March 9, 2011, the court denied plaintiffs' renewed motions to
certify a class in both of the Bryant and Helm cases and dismissed
the Helm case.  The Helm plaintiff is appealing the court's order
decertifying her claims.  The individual claims in the Bryant case
are still pending.  The plaintiffs have also (i) filed additional
lawsuits with similar allegations seeking class certification of
state law claims in different states, and (ii) made a large number
of demands for arbitration.  The Company says it cannot quantify
its ultimate liability, if any, in these lawsuits.

Southern, et al. v. SCI Kentucky Funeral Services, Inc.; Case No.
11CIO6501; in the Jefferson Circuit Court, Division Eight,
Kentucky, was filed on October 6, 2011, against an SCI subsidiary
and purports to have been brought on behalf of employees who
worked in Kentucky as funeral directors.  The plaintiffs allege
causes of action for various violations of Kentucky wage and hour
laws, and breach of contract.  Plaintiffs seek unpaid wages,
compensatory and exemplary relief, damages, attorneys' fees and
costs, and pre- and post judgment interest.  The Company says it
cannot quantify its ultimate liability, if any, in this lawsuit.

The Company says the ultimate outcome of the matters cannot be
determined at this time.  The Company intends to vigorously defend
all of the lawsuits; however, an adverse decision in one or more
of such matters could have a material effect on the Company, its
financial condition, results of operations, and cash flows.


STANDARD & POOR'S: IMF Australia to Fund Class Action
-----------------------------------------------------
Business Spectator reports that IMF Australia Ltd. will fund a
class action against investment bank ABN Amro and McGraw Hill
International Ltd. -- the owner of ratings agency Standard &
Poor's -- following a landmark victory in Federal Court on Nov. 5.

In a statement to the Australian Securities Exchange, IMF said
legal action had been commenced in the Federal Court of Australia
in relation to the purchase of constant proportion debt
obligations called Rembrandt Notes 2.

It is the same product Judge Jayne Jagot labelled "grotesquely
complicated" during her vitriolic 1,500 page judgment on Nov. 5.

The Federal Court has ruled that the councils were entitled to
claim compensation from ratings company Standard & Poor's,
investment bank ABN Amro and Local Government Financial Services
(LGFS).

The trio had sold the councils complex investments called constant
proportion debt obligation notes in 2006.

S&P said in a statement that it will appeal the decision, calling
the ruling disappointing, and rejecting any suggestion that its
opinions were inappropriate.

The councils lost AUD16 million on the notes, marketed as
Rembrandt notes, which were created by investment bank ABN Amro,
distributed by LGFS and rated AAA by S&P.

IMF financed the case for 12 of the 13 councils.


SOUTH CAROLINA: Two Defendants Added to Hacking Class Action
------------------------------------------------------------
WIS reports that the law firm that filed a class-action complaint
against the state of South Carolina and Governor Nikki Haley has
added two defendants to its suit after a WIS investigation
revealed the Department of Revenue had access to free network
monitoring through the state's internet technology department, but
chose not to use it in lieu of a third-party vendor.

Upstate attorney and former senator John D. Hawkins said on Nov. 5
the lawsuit in the case of 3.6 million tax returns being retrieved
by an international hacker from one of the state's servers is
being expanded to include private corporation Trustwave and the
Department of State Information Technology (DSIT).

"Late last week, the media discovered that the South Carolina
Department of Revenue had for the most part rejected data
protection services offered by DSIT," Mr. Hawkins wrote in a news
release.  "On Nov. 2, in response to an inquiry from Investigative
Reporter Jody Barr at WIS-TV, SCDOR revealed publicly for the
first time that in lieu of DSIT, it had elected to use Trustwave
for its security monitoring services."

Mr. Hawkins contends Trustwave failed to protect public data and
failed to notify the public immediately as required by state
statute.

On Nov. 2, a spokesperson for the Department of Revenue told
Mr. Barr that the reason DSIT was not utilized was because the
program was not PCI compliant by credit card companies to
safeguard financial information.  "DSIT, while a wonderful
program, does not provide PCI compliance," wrote Samantha Cheek.
"And therefore the department was required to use a third-party
vendor such as TrustWave.

Mr. Hawkins said those reasons apply only to credit cards and not
to social security numbers and do not excuse the DOR's "failure to
use DSIT and other more robust and readily available security
systems."

"The public is forced with the threat of jail to pay taxes and
give their personal information to SCDOR, yet SCDOR took only the
flimsiest steps to protect this private data, leaving South
Carolina the most vulnerable target for hackers of any state of in
the Union," said Mr. Hawkins.

Mr. Hawkins also questioned why Governor Haley and others failed
to disclose the existence of TrustWave publicly until Nov. 2.

Officials found out about the breach on October 10.  On October
16, investigators uncovered two attempts to probe the system in
early September, and later learned that a previous attempt was
made on August 27.

Governor Haley, the State Law Enforcement Division, and the
Revenue Department revealed the hack to the public on October 26.

Mr. Hawkins' original class-action complaint was filed on
October 31.  It was amended on Nov. 5.


UNITED BANKSHARES: Settles Two Suits Over Overdraft Practices
-------------------------------------------------------------
On October 24, 2012, United Bankshares, Inc. and its wholly owned
subsidiary, United Bank, Inc. of West Virginia, agreed to settle
two putative class action lawsuits, according to the Company's
October 25, 2012, Form 8-K filing with the U.S. Securities and
Exchange Commission.

The class actions allege that United Bank improperly posted,
processed, and paid consumer checking account debit card
transactions, which allegedly resulted in the assessment of
improper overdraft fees.  These cases are virtually identical to
cases filed against more than 70 other United States banks over
the last three years.

The first case has been consolidated, with similar cases against a
myriad of other banks, into a federal multidistrict litigation
pending in the United States District Court for the Southern
District of Florida that is known as In re Checking Account
Overdraft Litigation, Case No. 1:09-md-02036-JLK.  The second case
is pending in the Circuit Court of Jackson County, West Virginia.
Without admitting liability or any wrongdoing and to avoid further
litigation expense, United Bankshares, Inc. and United Bank, Inc.
of West Virginia agreed to settle these cases in exchange for a
payment of $3.3 million and an agreement to pay certain
settlement-related expenses.

The settlement is subject to court approval.


VERIZON COMMUNICATIONS: Intelligence-Gathering Cases Now Ended
--------------------------------------------------------------
Verizon Communications Inc. disclosed in its October 25, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended September 30, 2012, that the litigation
alleging that Verizon and other telecommunications companies
participated in intelligence-gathering activities has ended.

Verizon and a number of other telecommunications companies, have
been the subject of multiple class action lawsuits concerning
their alleged participation in intelligence-gathering activities
allegedly carried out by the federal government, at the direction
of the President of the United States, as part of the government's
post-September 11 program to prevent terrorist attacks.
Plaintiffs generally allege that Verizon has participated by
permitting the government to gain access to the content of its
subscribers' telephone calls and/or records concerning those calls
and that such action violates federal and/or state constitutional
and statutory law.  Relief sought in the cases includes injunctive
relief, attorneys' fees, and statutory and punitive damages.  On
August 9, 2006, the Judicial Panel on Multidistrict Litigation
(Panel) ordered that these actions be transferred, consolidated
and coordinated in the U.S. District Court for the Northern
District of California.  The Panel subsequently ordered that a
number of "tag along" actions also be transferred to the Northern
District of California.  Verizon believes that these lawsuits are
without merit.  On
July 10, 2008, the President signed into law the FISA Amendments
Act of 2008, which provides for dismissal of these lawsuits by the
court based on submission by the Attorney General of the United
States of a specified certification.  On September 19, 2008, the
Attorney General made such a submission in the consolidated
proceedings.  Based on this submission, the court ordered
dismissal of the complaints on June 3, 2009.  Plaintiffs appealed
this dismissal, and by decision issued December 29, 2011, the
United States Court of Appeals for the Ninth Circuit affirmed the
dismissal.

On March 28, 2012, plaintiffs petitioned the United States Supreme
Court to review the decision of the Court of Appeals.  On October
9, 2012, the Supreme Court denied the petition, ending the
litigation.


VIROPHARMA INC: Securities Suit Complaint Amended Last Month
------------------------------------------------------------
Plaintiffs in the securities class action lawsuit pending in
Pennsylvania amended their complaint last month, according to
ViroPharma Incorporated's October 25, 2012, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
September 30, 2012.

On May 17, 2012, a class action complaint was filed in the United
States District Court for the Eastern District of Pennsylvania
naming as defendants ViroPharma Incorporated and Vincent J.
Milano.  The complaint alleges, among other things, possible
securities laws violations by the defendants in connection with
certain statements made by the defendants related to the Company's
Vancocin product.  On October 19, 2012, the complaint was amended
to include additional officers of the Company as named defendants
and allege additional information as the basis for the claim.  The
defendants believe that the allegations in the class action
complaint are without merit and intend to defend the lawsuit
vigorously; however, there can be no assurance regarding the
ultimate outcome of this lawsuit.

                        Asbestos Litigation

ASBESTOS UPDATE: Court Junks Demrex's Bid to Dismiss Devon Suit
---------------------------------------------------------------
In an October 11, 2012 opinion and order, Judge Sean F. Cox of the
U.S. District Court for the Eastern District of Michigan denied
the motion to dismiss a consolidation action involving an alleged
breach of a subcontract, which addressed the demolition, cleanup
and asbestos removal of the interior of Ford Motor Company's Wixom
Assembly Plant, in Wixom, Michigan.

The Subcontract was signed by Devon Industrial Group, LLC, which
was the General Contractor for the Project, and Demrex Industrial
Services, Inc., a Pennsylvania corporation, which was the
Subcontractor tasked with the interior demolition and clean-up.
The asbestos abatement was handled by Altchem Environmental
Services, Inc., a Pennsylvania corporation, which is an affiliate
or sister corporation of Demrex.  Altchem was not subject to the
Subcontract; instead, it entered into a separate subcontract,
which is not at issue in this action, with Demrex for that
purpose.

Devon and Ford filed the action asserting claims, among others,
for unjust enrichment, common law and statutory conversion, aiding
and abetting common law and statutory conversion, fraudulent
conveyance and alter ego.  The Defendants filed a motion to
dismiss the claims contending that Devon and Ford fail to state
claims upon which relief can be granted under Rule 12(b)(6) of the
Federal Rules of Civil Procedure.  Devon also filed a Motion for
Partial Summary Judgment with regard to Quantum Meruit/Unjust
Enrichment.

In denying the Defendants' Motion to Dismiss, Judge Cox ruled that
both Devon's and Ford's complaints state claims.  Specifically,
Judge Cox ruled that:

   -- the Defendants' assertion that the Quantum Meruit claim be
      dismissed is premature at this early stage in the pleadings
      where it is unclear whether the contract covers the same
      subject matter as the unjust enrichment claims;

   -- genuine issues of material fact exist with respect to
      whether the Defendants committed a conversion by wrongfully
      exerting a distinct act of domain over Ford's property
      inconsistent with its rights;

   -- in the Aiding and Abetting Conversion claims, Ford, like in
      the case In re George S. Hofmesiter Family Trust Dated June
      21, 1991 v. FGH Indus, Inc., No. 06-CV-13984-DT, 2008 WL
      1809205, at *2 (E.D. Mich. April 21, 2008), is merely
      Posing multiple situations where Demrex is the converter
      While Altchem, et al., are merely the aiders and abetters
      or vice versa;

   -- both the Plaintiffs and the Defendants do not dispute that
      there is genuine issue of material fact with regard to the
      issue that Demrex had a legitimate business reason for not
      distributing the scrap metal proceeds to Ford;

   -- with respect to Alter Ego claims, contrary to Demrex's
      contention, Ford's complaint is a surprisingly detailed
      pleading, which describes Demrex's alleged
      undercapitalization, commingling of funds, and sharing of
      personnel, records, officers, office space, and even
      Web site; and

   -- with respect to the Fraudulent Conveyance claims, Ford's
      complaint alleges facts sufficient to support a claim.

The Court also granted Devon's Motion for Partial Summary Judgment
with respect to Unjust Enrichment claims after determining that
there is no genuine dispute of material fact with respect to the
claim.

The case is Devon Industrial Group, LLC, et al., Plaintiffs, v.
Demrex Industrial Services, Inc., et al., Defendants, Case No. 11-
10313 (E.D. Mich.).  A full-text copy of Judge Cox's Decision is
available at http://is.gd/YOjLObfrom Leagle.com.


ASBESTOS UPDATE: Pa. High Court Allows Pecora Corp. to Appeal
-------------------------------------------------------------
In the case captioned, MARGARET HOWARD AND ROBERT HOWARD, CO-
EXECUTORS OF THE ESTATE OF JOHN C. RAVERT, DECEASED, Respondents,
v. A.W. CHESTERTON CO., ACE HARDWARE CORP., MONSEY PRODUCTS CO.,
PECORA CORP. AND UNION CARBIDE CORP., No. 56 EAL 2012 (Pa.), the
Supreme Court of Pennsylvania, Eastern District, granted a cross-
petition for allowance of appeal, to clarify these issues:

   (1) Does the Superior Court's holding, which permits a
       plaintiff who fails to produce sufficient evidence of
       regularity, frequency and proximity of exposure to a
       defendant's specific asbestos containing product to defeat
       summary judgment by submitting generic, non-case-specific
       expert affidavits, conflict with this Court's holding in
       Gregg v. V-J Auto Parts, 596 Pa. 274, 943 A.2d 216 (2007)?

   (2) Does the Superior Court's holding that a plaintiff need
       not produce evidence that a defendant's asbestos-
       containing product produced dust conflict with this
       Court's holding in Gregg v. V-J Auto Parts, 596 Pa. 274,
       943 A.2d 216 (2007)?

A copy of the Decision dated October 11, 2012, is available at
http://is.gd/JKuosDfrom Leagle.com.


ASBESTOS UPDATE: Okla. Ct. Junks Testimony in Montello Suit
-----------------------------------------------------------
Montello, Inc., was a distributor of products used in the oil-
drilling industry and one of those products was a drilling mud
additive that was asbestos.  Montello was then sued by many
individuals who were allegedly exposed to asbestos through those
products.  These lawsuits prompted Montello to seek liability
coverage from a group of insurers including Canal Insurance
Company, most of whom are alleged to have insured Montello during
the time period it distributed products containing asbestos.

Canal Insurance filed a declaratory judgment action against
Montello, which responded by filing (1) an Answer to Canal's
Complaint, (2) a counterclaim against Canal for declaratory
judgment and breach of contract, and (3) a third-party complaint
against a number of third-party defendants. In essence, the case
is one in which the parties are seeking a declaratory judgment
regarding which of them, if any, must bear the cost of the
expansive asbestos litigation in which Montello must defend
itself.

In an opinion and order dated Oct. 15, 2012, Judge James H. Payne
of the U.S. District Court for the Northern District of Oklahoma
granted Third-Party Defendant Continental Casualty Company's
motion to strike a report by Robert Hughes and bar his testimony.
Mr. Hughes is a purported expert in the reconstruction of missing
insurance policies.  Judge Payne pointed out that, based on papers
submitted in court, Mr. Hughes' lack of experience with the forms
specific to Continental is particularly troubling.  Judge Payne
also found unreliable Mr. Hughes' conclusions regarding the
specific terms of the policies despite finding his testimony
generally reliable with regard to the existence of the purported
policies.

The case is CANAL INSURANCE COMPANY, Plaintiff/Counter-Defendant,
v. MONTELLO, INC. Defendant/Third-Party Plaintiff/Counter-
Claimant, v. HARTFORD FINANCIAL SERVICES GROUP, INC., CONTINENTAL
CASUALTY COMPANY, HOUSTON GENERAL INSURANCE COMPANY, NATIONAL
INDEMNITY COMPANY, SCOTTSDALE INSURANCE COMPANY, & TWIN CITY FIRE
INSURANCE COMPANY, Third-Party Defendants, Case No. 10-CV-411-JHP-
TLW (N.D. Okla.).  A copy of Judge Payne's Decision is available
at http://is.gd/EWwVfWfrom Leagle.com.


ASBESTOS UPDATE: NY Court Junks Courter's Bid to Dismiss Suit
-------------------------------------------------------------
Judge Sherry Klein Heitler of the Supreme Court, New York County,
denied the motion of defendant Courter & Co. for summary judgment
dismissing an asbestos-related personal injury action after
determining that the testimony of a witness, who was the
plaintiff's co-worker, identified Courter as the source of the
Plaintiff's exposure to asbestos-containing products in their
workplaces.  The case is BEATRICE SMITH, as Executrix of the
Estate of WILLIS R. GAVIGAN, Plaintiff, v. A.C. and S, et al.,
Defendants, Docket No. 126765/02, Motion Seq. No. 002 (NY).  A
copy of Judge Heitler's Decision dated October 11, 2012, is
available at http://is.gd/8HhoR1from Leagle.com.


ASBESTOS UPDATE: Parsons Suit vs. RJR Tobacco Remains Stayed
------------------------------------------------------------
In Parsons v. A C & S, Inc., a case filed in February 1998 in
Circuit Court, Ohio County, West Virginia, the plaintiff sued
asbestos manufacturers, U.S. cigarette manufacturers, including
Reynolds American Inc.'s subsidiary RJR Tobacco and B&W, and
parent companies of U.S. cigarette manufacturers, including RJR,
seeking to recover $1 million in compensatory and punitive damages
individually and an unspecified amount for the class in both
compensatory and punitive damages.  The class was brought on
behalf of persons who allegedly have personal injury claims
arising from their exposure to respirable asbestos fibers and
cigarette smoke. The plaintiffs allege that Mrs. Parsons' use of
tobacco products and exposure to asbestos products caused her to
develop lung cancer and to become addicted to tobacco.  In
December 2000, three defendants, Nitral Liquidators, Inc.,
Desseaux Corporation of North American and Armstrong World
Industries, filed bankruptcy petitions in the U.S. Bankruptcy
Court for the District of Delaware, In re Armstrong World
Industries, Inc.  Pursuant to section 362(a) of the Bankruptcy
Code, Parsons is automatically stayed with respect to all
defendants.

No further updates were reported in Reynolds American Inc.'s Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarterly period ended September 30, 2012.

Reynolds American Inc. is a holding company. The Company's
operating subsidiaries include cigarette manufacturer in the
United States, R. J. Reynolds Tobacco Company; the smokeless
tobacco products manufacturer in the United States, American Snuff
Company, LLC (American Snuff Co); the manufacturer of cigarette
brand, Santa Fe Natural Tobacco Company, Inc. (SFNTC), and
Niconovum AB.


ASBESTOS UPDATE: Carlisle Cos. Still Has Pending Asbestos Claims
----------------------------------------------------------------
Carlisle Companies Incorporated continues to defend injury
lawsuits alleging exposure to asbestos, according to the Company's
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarterly period ended September 30, 2012.

Over the years, the Company has been named as a defendant, along
with numerous other defendants, in lawsuits in various state
courts in which plaintiffs have alleged injury due to exposure to
asbestos-containing brakes, which Carlisle manufactured in limited
amounts between the late-1940's and the mid-1980's.  In addition
to compensatory awards, these lawsuits may also seek punitive
damages.

To date, the Company has obtained dismissals or settlements of its
asbestos-related lawsuits with no material effect on its financial
condition, results of operations or cash flows.  The Company
maintains insurance coverage that applies to the Company's defense
costs and payments of settlements or judgments in connection with
asbestos-related lawsuits.

On December 22, 2010, the Company settled a case involving alleged
asbestos-related injury.  The total amount of the award and
related loss, inclusive of insurance recoveries, was approximately
$5.8 million, which was recorded in discontinued operations in the
fourth quarter of 2010, as the related alleged asbestos-containing
product was manufactured by the Company's former on-highway brake
business.

Based on an ongoing evaluation and the Company's insurance
coverage, the Company believes that the resolution of its
remaining pending asbestos claims will not have a material impact
on the Company's financial condition, results of operations, or
cash flows, although these matters could result in the Company
being subject to monetary damages, costs or expenses, and charges
against earnings in particular periods.

Carlisle Companies Incorporated (Carlisle) is a holding company
for Carlisle Corporation, and its wholly owned subsidiaries.
Carlisle is a diversified manufacturing company consisting of five
segments, which manufacture and distribute a range of products.


ASBESTOS UPDATE: Crane Co. Had 56,773 Pending Claims at Sept. 30
----------------------------------------------------------------
Crane Co. had 56,773 asbestos-related claims at September 30,
2012, according to the Company's Form 8-K filing with the U.S.
Securities and Exchange Commission on October 22, 2012.

As of September 30, 2012, the Company was a defendant in cases
filed in numerous state and federal courts alleging injury or
death as a result of exposure to asbestos. Activity related to
asbestos claims during the periods indicated was:

                         Three Months Ended
                         September 30, 2012
                         ------------------
     Beginning claims                57,559
     New claims                         933
     Settlements                       (253)
     Dismissals                      (1,467)
     MARDOC claims*                       1
     Ending claims                   56,773

   * As of January 1, 2010, the Company was named in 36,448
maritime actions which had been administratively dismissed by the
United States District Court for the Eastern District of
Pennsylvania ("MARDOC claims"), and therefore were not included in
"Beginning claims". As of September 30, 2012, pursuant to an
ongoing review process initiated by the Court, 26,575 claims were
permanently dismissed, and 3,378 claims remain active (and have
been added to "Ending claims"). In addition, the Company was named
in 8 new maritime actions in 2010 (not included in "Beginning
claims"). The Company expects that more of the remaining 6,503
maritime actions will be activated, or permanently dismissed, as
the Court's review process continues.

Of the 56,773 pending claims as of September 30, 2012,
approximately 19,300 claims were pending in New York,
approximately 9,900 claims were pending in Texas, approximately
5,500 claims were pending in Mississippi, and approximately 5,400
claims were pending in Ohio, all jurisdictions in which
legislation or judicial orders restrict the types of claims that
can proceed to trial on the merits.

Substantially all of the claims the Company resolves are either
dismissed or concluded through settlements. To date, the Company
has paid two judgments arising from adverse jury verdicts in
asbestos matters.  The first payment, in the amount of $2.54
million, was made on July 14, 2008, approximately two years after
the adverse verdict in the Joseph Norris matter in California,
after the Company had exhausted all post-trial and appellate
remedies. The second payment, in the amount of $0.02 million, was
made in June 2009 after an adverse verdict in the Earl Haupt case
in Los Angeles, California on April 21, 2009.

The Company has tried several cases resulting in defense verdicts
by the jury or directed verdicts for the defense by the court, one
of which, the Patrick O'Neil claim in Los Angeles, was reversed on
appeal. In an opinion dated January 12, 2012, the California
Supreme Court reversed the decision of the Court of Appeal and
instructed the trial court to enter a judgment of nonsuit in favor
of the defendants.

On March 14, 2008, the Company received an adverse verdict in the
James Baccus claim in Philadelphia, Pennsylvania, with
compensatory damages of $2.45 million and additional damages of
$11.9 million. The Company's post-trial motions were denied by
order dated January 5, 2009. The case was concluded by settlement
in the fourth quarter of 2010 during the pendency of the Company's
appeal to the Superior Court of Pennsylvania.

On May 16, 2008, the Company received an adverse verdict in the
Chief Brewer claim in Los Angeles, California. The amount of the
judgment entered was $0.68 million plus interest and costs. The
Company pursued an appeal in this matter, and on August 2, 2012
the California Court of Appeal reversed the judgment and remanded
the matter to the trial court for entry of judgment
notwithstanding the verdict in favor of the Company on the ground
that this claim could not be distinguished factually from the
Patrick O'Neil case decided in the Company's favor by the
California Supreme Court.

On February 2, 2009, the Company received an adverse verdict in
the Dennis Woodard claim in Los Angeles, California.   The jury
found that the Company was responsible for one-half of one percent
(0.5%) of the plaintiffs' damages of $16.93 million; however,
based on California court rules regarding allocation of damages,
judgment was entered against the Company in the amount of $1.65
million, plus costs.  Following entry of judgment, the Company
filed a motion with the trial court requesting judgment in the
Company's favor notwithstanding the jury's verdict, and on
June 30, 2009, the court advised that the Company's motion was
granted and judgment was entered in favor of the Company. The
trial court's ruling was affirmed on appeal by order dated
August 25, 2011.  The plaintiffs appealed that ruling to the
Supreme Court of California, which dismissed the appeal on
February 29, 2012; the matter is now finally determined in the
Company's favor.

On March 23, 2010, a Philadelphia County, Pennsylvania, state
court jury found the Company responsible for a 1/11th share of a
$14.5 million verdict in the James Nelson claim, and for a 1/20th
share of a $3.5 million verdict in the Larry Bell claim. On
February 23, 2011, the court entered judgment on the verdicts in
the amount of $0.2 million against the Company, only, in Bell, and
in the amount of $4.0 million, jointly, against the Company and
two other defendants in Nelson, with additional interest in the
amount of $0.01 million being assessed against the Company, only,
in Nelson.  All defendants, including the Company, and the
plaintiffs took timely appeals of certain aspects of those
judgments.  The Nelson appeal is pending. The Company resolved the
Bell appeal by settlement, which is reflected in the settled
claims for 2012.

On August 17, 2011, a New York City state court jury found the
Company responsible for a 99% share of a $32 million verdict on
the Ronald Dummitt claim. The Company filed post-trial motions
seeking to overturn the verdict, to grant a new trial, or to
reduce the damages, which the Company argued were excessive under
New York appellate case law governing awards for non-economic
losses.  The Court held oral argument on these motions on
October 18, 2011 and issued a written decision on August 21, 2012
confirming the jury's liability findings but reducing the award of
damages to $8 million.  Plaintiffs have requested the Court to
enter a judgment in the amount of $4.9 million against the
Company, taking into account settlement offsets and accrued
interest under New York law.  The Company has appealed.

On March 9, 2012, a Philadelphia County, Pennsylvania, state court
jury found the Company responsible for a 1/8th share of a $123,000
verdict in the Frank Paasch claim. The Company and plaintiffs
filed post-trial motions. On May 31, 2012, on plaintiffs' motion,
the Court entered an order dismissing the claim against the
Company, with prejudice, and without any payment.

On August 29, 2012, the Company received an adverse verdict in the
William Paulus claim in Los Angeles, California. The jury found
that the Company was responsible for ten percent (10%) of
plaintiffs' damages of $6.9 million; however, based on California
court rules regarding allocation of damages, plaintiffs have
requested the Court to enter a judgment in the amount of $0.8
million against the Company.  The Company plans to file post-trial
motions requesting judgment in the Company's favor notwithstanding
the jury's verdict and an appeal if necessary.

Such judgment amounts are not included in the Company's incurred
costs until all available appeals are exhausted and the final
payment amount is determined.

The gross settlement and defense costs incurred (before insurance
recoveries and tax effects) for the Company for the nine-month
periods ended September 30, 2012 and 2011 totaled $73.5 million
and $82.9 million, respectively.  In contrast to the recognition
of settlement and defense costs, which reflect the current level
of activity in the tort system, cash payments and receipts
generally lag the tort system activity by several months or more,
and may show some fluctuation from quarter to quarter.  Cash
payments of settlement amounts are not made until all releases and
other required documentation are received by the Company, and
reimbursements of both settlement amounts and defense costs by
insurers may be uneven due to insurer payment practices,
transitions from one insurance layer to the next excess layer and
the payment terms of certain reimbursement agreements. The
Company's total pre-tax payments for settlement and defense costs,
net of funds received from insurers, for the nine-month periods
ended September 30, 2012 and 2011 totaled a $60.1 million net
payment and $59.2 million net payment, respectively.

                                          Three Months Ended
                                          September 30, 2012
                                             (in millions)
                                          ------------------
     Settlement / indemnity costs incurred (1)       $8.4
     Defense costs incurred (1)                      15.3
     Total costs incurred                           $23.8

     Settlement / indemnity payments                 $9.8
     Defense payments                                13.9
     Insurance receipts                              (2.8)
     Pre-tax cash payments                          $20.8

     (1) Before insurance recoveries and tax effects.

The amounts shown for settlement and defense costs incurred, and
cash payments, are not necessarily indicative of future period
amounts, which may be higher or lower than those reported.

Cumulatively through September 30, 2012, the Company has resolved
(by settlement or dismissal) approximately 89,000 claims, not
including the MARDOC claims. The related settlement cost incurred
by the Company and its insurance carriers is approximately $360
million, for an average settlement cost per resolved claim of
approximately $4,000. The average settlement cost per claim
resolved during the years ended December 31, 2011, 2010 and 2009
was $4,123, $7,036 and $4,781 respectively. Because claims are
sometimes dismissed in large groups, the average cost per resolved
claim, as well as the number of open claims, can fluctuate
significantly from period to period. In addition to large group
dismissals, the nature of the disease and corresponding settlement
amounts for each claim resolved will also drive changes from
period to period in the average settlement cost per claim.
Accordingly, the average cost per resolved claim is not considered
in the Company's periodic review of its estimated asbestos
liability.

The Company has retained the firm of Hamilton, Rabinovitz &
Associates, Inc. ("HR&A"), a nationally recognized expert in the
field, to assist management in estimating the Company's asbestos
liability in the tort system.

With the assistance of HR&A, effective as of December 31, 2011,
the Company updated and extended its estimate of the asbestos
liability, including the costs of settlement or indemnity payments
and defense costs relating to currently pending claims and future
claims projected to be filed against the Company through 2021. The
Company's previous estimate was for asbestos claims filed or
projected to be filed through 2017. As a result of this updated
estimate, the Company recorded an additional liability of $285
million as of December 31, 2011.

Management has made its best estimate of the costs through 2021
based on the analysis by HR&A completed in January 2012. As of
September 30, 2012, the Company's actual experience during the
updated reference period for mesothelioma claims filed and
dismissed generally approximated the assumptions in the Company's
liability estimate. A liability of $894 million was recorded as of
December 31, 2011 to cover the estimated cost of asbestos claims
now pending or subsequently asserted through 2021, of which
approximately 80% is attributable to settlement and defense costs
for future claims projected to be filed through 2021. The
liability is reduced when cash payments are made in respect of
settled claims and defense costs. The liability was $824 million
as of September 30, 2012. The current portion of the total
estimated liability at September 30, 2012 was $101 million and
represents the Company's best estimate of total asbestos costs
expected to be paid during the twelve-month period.

An asset of $225 million was recorded as of December 31, 2011
representing the probable insurance reimbursement for such claims
expected through 2021. The asset is reduced as reimbursements and
other payments from insurers are received. The asset was $216
million as of September 30, 2012.

Crane Co. manufactures and sells engineered industrial products in
the United States and internationally.


ASBESTOS UPDATE: Mine Safety Continues to Defend 2,620 Suits
------------------------------------------------------------
Mine Safety Appliances Company continues to defend 2,620 lawsuits
in which plaintiffs allege asbestos-related diseases, according to
the Company's Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarterly period ended September 30,
2012.

The Company states: "Cumulative trauma product liability claims
involve exposures to harmful substances (e.g., silica, asbestos
and coal dust) that occurred many years ago and may have developed
over long periods of time into diseases such as silicosis,
asbestosis or coal worker's pneumoconiosis. We are presently named
as a defendant in 2,620 lawsuits in which plaintiffs allege to
have contracted certain cumulative trauma diseases related to
exposure to silica, asbestos, and/or coal dust. These lawsuits
mainly involve respiratory protection products allegedly
manufactured and sold by us. We are unable to estimate total
damages sought in these lawsuits as they generally do not specify
the injuries alleged or the amount of damages sought, and
potentially involve multiple defendants.

"Cumulative trauma product liability litigation is difficult to
predict. In our experience, until late in a lawsuit, we cannot
reasonably determine whether it is probable that any given
cumulative trauma lawsuit will ultimately result in a liability.
This uncertainty is caused by many factors, including the
following: cumulative trauma complaints generally do not provide
information sufficient to determine if a loss is probable;
cumulative trauma litigation is inherently unpredictable and
information is often insufficient to determine if a lawsuit will
develop into an actively litigated case; and even when a case is
actively litigated, it is often difficult to determine if the
lawsuit will be dismissed or otherwise resolved until late in the
lawsuit. Moreover, even once it is probable that such a lawsuit
will result in a loss, it is difficult to reasonably estimate the
amount of actual loss that will be incurred. These amounts are
highly variable and turn on a case-by-case analysis of the
relevant facts, which are often not learned until late in the
lawsuit.

"Because of these factors, we cannot reliably determine our
potential liability for such claims until late in the lawsuit. We,
therefore, do not record cumulative trauma product liability
losses when a lawsuit is filed, but rather, when we learn
sufficient information to determine that it is probable that we
will incur a loss and the amount of loss can be reasonably
estimated. We record expenses for defense costs associated with
open cumulative trauma product liability lawsuits as incurred."

Mine Safety Appliances Company engages in the development,
manufacture, and supply of products that protect people's health
and safety in the fire service, homeland security, oil and gas,
construction, and other industries, as well as military worldwide.


ASBESTOS UPDATE: Chicago Bridge Accrued $1.6M Liability End Sept.
-----------------------------------------------------------------
Chicago Bridge & Iron Company N.V. at September 30, 2012, had
approximately $1,600,000 accrued for asbestos liability and
related expenses, according to the Company's Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarterly
period ended September 30, 2012.

The Company states: "We are a defendant in lawsuits wherein
plaintiffs allege exposure to asbestos due to work we may have
performed at various locations. We have never been a manufacturer,
distributor or supplier of asbestos products. Over the past
several decades and through September 30, 2012, we have been named
a defendant in lawsuits alleging exposure to asbestos involving
approximately 5,200 plaintiffs and, of those claims, approximately
1,300 claims were pending and 3,900 have been closed through
dismissals or settlements. Over the past several decades and
through September 30, 2012, the claims alleging exposure to
asbestos that have been resolved have been dismissed or settled
for an average settlement amount of approximately one thousand
dollars per claim. We review each case on its own merits and make
accruals based upon the probability of loss and our estimates of
the amount of liability and related expenses, if any. We do not
believe that any unresolved asserted claims will have a material
adverse effect on our future results of operations, financial
position or cash flow, and, at September 30, 2012, we had
approximately $1,600,000 accrued for liability and related
expenses.  With respect to unasserted asbestos claims, we cannot
identify a population of potential claimants with sufficient
certainty to determine the probability of a loss and to make a
reasonable estimate of liability, if any. While we continue to
pursue recovery for recognized and unrecognized contingent losses
through insurance, indemnification arrangements or other sources,
we are unable to quantify the amount, if any, that we may expect
to recover because of the variability in coverage amounts,
limitations and deductibles, or the viability of carriers, with
respect to our insurance policies for the years in question."

Chicago Bridge and Iron Company NV is a Netherlands-based
integrated engineering, procurement and construction (EPC)
services provider and process technology licensor, delivering
solutions to customers primarily in the energy and natural
resources industries.


ASBESTOS UPDATE: Columbus McKinnon Had $11.4M Liability End Sept.
-----------------------------------------------------------------
Columbus McKinnon Corporation's asbestos-related aggregate
liability that is probable and estimable approximates $11,400,000,
as of September 30, 2012, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended September 30, 2012.

Like many industrial manufacturers, the Company is involved in
asbestos-related litigation.  In continually evaluating costs
relating to its estimated asbestos-related liability, the Company
reviews, among other things, the incidence of past and recent
claims, the historical case dismissal rate, the mix of the claimed
illnesses and occupations of the plaintiffs, its recent and
historical resolution of the cases, the number of cases pending
against it, the status and results of broad-based settlement
discussions, and the number of years such activity might continue.
Based on this review, the Company has estimated its share of
liability to defend and resolve probable asbestos-related personal
injury claims. This estimate is highly uncertain due to the
limitations of the available data and the difficulty of
forecasting with any certainty the numerous variables that can
affect the range of the liability. The Company will continue to
study the variables in light of additional information in order to
identify trends that may become evident and to assess their impact
on the range of liability that is probable and estimable.

Based on actuarial information, the Company has estimated its
asbestos-related aggregate liability including related legal costs
to range between $7,000,000 and $18,000,000 using actuarial
parameters of continued claims for a period of 18 to 30 years from
September 30, 2012.  The Company's estimation of its asbestos-
related aggregate liability that is probable and estimable, in
accordance with U.S. generally accepted accounting principles
approximates $11,400,000, which has been reflected as a liability
in the consolidated financial statements as of September 30, 2012.
The recorded liability does not consider the impact of any
potential favorable federal legislation.  This liability will
fluctuate based on the uncertainty in the number of future claims
that will be filed and the cost to resolve those claims, which may
be influenced by a number of factors, including the outcome of the
ongoing broad-based settlement negotiations, defensive strategies,
and the cost to resolve claims outside the broad-based settlement
program. Of this amount, management expects to incur asbestos
liability settlement costs and legal fees of approximately
$1,500,000 over the next 12 months.  Because payment of the
liability is likely to extend over many years, management believes
that the potential additional costs for claims will not have a
material effect on the financial condition of the Company or its
liquidity, although the effect of any future liabilities recorded
could be material to earnings in a future period.

Columbus McKinnon Corporation designs, manufactures, and markets
material handling products and services for various commercial and
industrial end-user markets in the United States, Europe, Canada,
and internationally.


ASBESTOS UPDATE: Businessman Fined $1.5MM for Toxic Fibro Exposure
------------------------------------------------------------------
Karen McCowan of The Register-Guard reports that a Eugene man was
ordered to pay more than $1.5 million in restitution and sentenced
to five months of home detention Wednesday, Oct. 31, after
pleading guilty to negligently exposing Sweet Home residents to
asbestos particles during his 2007 demolition of buildings at an
old sawmill site.

Daniel Desler's guilty plea to the misdemeanor charge was part of
a plea deal that also included three years of probation and 300
hours of community service for the 68-year-old business owner.

A federal grand jury in 2011 indicted Desler on nine criminal
counts in connection with his failure to safely remove asbestos-
containing materials before beginning demolition of buildings at
2210 Tamarack St.

As part of the plea deal, Desler acknowledged releasing asbestos
particles into the air and negligently putting cleanup workers and
nearby residents "at risk for serious bodily harm due to asbestos
exposure."

Asbestos is a naturally occurring mineral composed of long, thin
fibers used in insulation and other building materials.  If
inhaled, it can cause lung cancer and other serious illnesses.

After Desler had a contractor demolish buildings without
safeguards to keep asbestos particles out of the air, such as
wetting asbestos-containing material before removal, the old mill
property became so contaminated that the federal Environmental
Protection Agency declared it a Super-fund site.  The agency spent
$1,589,753 cleaning it up, and Desler was ordered to pay full
restitution to the EPA for the cleanup costs.

In a sentencing memo filed last week, the U.S. Attorney's Office
said Desler was responsible for the asbestos release as manager of
a trust that has owned the former Willamette Industries sawmill
site since at least 2002.

After a 2004 fire at the facility, firefighters reported suspected
asbestos in the debris to the state Department of Environmental
Quality, according to the memo.

That agency inspected the buildings and notified Desler that it,
too, believed asbestos was present, the memo said.  Desler hired
an abatement contractor, whose tests revealed asbestos in multiple
buildings at the site -- including those not damaged by the fire,
the memo said.

But no work was done to safely remove the asbestos, the government
charged.

Instead, Desler in 2007 hired an unlicensed contractor to perform
demolition and renovation work, the memo said.  Using heavy
equipment provided by Desler, the contractor tore down and crushed
asbestos-laden roofing material, insulation and floor tiles --
even running some of the materials through a chipper, the
government said.

The prosecution also recommended that Desler perform his 300 hours
of community service in Linn County and/or do environmental
cleanup work.

"Had Mr. Desler not chosen profit over protection, a major EPA
cleanup could've been avoided," EPA Criminal Investigation
Division Special Agent Tyler Amon said in a statement.

Desler's probation conditions include ensuring that any business
he owns, manages, controls or supervises has an EPA-approved
environmental compliance plan.

The asbestos case was one of three in the Sweet Home area where
Desler was accused of creating environmental hazards in the 2000s.

The DEQ in 2009 fined Desler more than $192,000 for illegally
dumping industrial waste on former Weyerhaeuser Co. mill property
in Sweet Home and on Desler-owned land about four miles northwest
of the Linn County city.


ASBESTOS UPDATE: ETU Names Companies With Ongoing Fibro Issues
--------------------------------------------------------------
The Australian Associated Press reports that a national overhaul
of asbestos procedures and reporting requirements is being
demanded by a major Queensland union.

Investigations have revealed some of Queensland's major food
production and associated factories have ongoing issues with
asbestos exposure, the Electrical Trades Union (ETU) says.

State Secretary Peter Simpson claims some have no specific plans
on how to handle the problem.

"Our first priority is the health and safety of our members
employed in these workplaces which include Parmalat, Heinz Golden
Circle, Meadowlea, Amcor cans and OI glass," Mr. Simpson said in a
statement.

"Asbestos identification, awareness and removal is not something
that companies should be able to ignore," he said.

"It should never be a case of workers playing Russian roulette
with their health when they go to work, because a company has
failed in their processes."

Mr. Simpson called on state and federal governments to fast-track
the work to be done by the Office of Asbestos Safety.

Comment has been sought from the companies named by the union.


ASBESTOS UPDATE: Hoberg's Resort Required to Submit Abatement Plan
------------------------------------------------------------------
Kevin N. Hume of The Lake County Record-Bee reports that Hoberg's
Resort has some cleaning up to do after asbestos was found in
debris piles located on the property.

Doug Gearhart, air pollution control officer with Lake County Air
Quality Management District, said 15 samples were taken from the
piles and found to contain asbestos.

Gearhart said the piles consisted of building materials, such as
vinyl tiles, wall boards, fireproofing panels and roofing
materials.

The tiles, texture coating on the wall boards, fireproofing panels
and roofing materials all were found to contain asbestos.

"These are normal things that are typically suspect (for
containing asbestos)," Gearhart said.

The samples and a report were done by Curran Environmental
Services Inc. of Santa Rosa.

Gearhart said the resort now must hire a licensed asbestos
abatement contractor and work out a plan to properly dispose of
the material.

"They have to come up with a plan to go through the debris piles
and separate the asbestos material to dispose of appropriately,"
he said.

The process is expected to be slow.

"Sorting and disposal will most likely be done by hand," Gearhart
said.

Community Development Director Rick Coel said his department wants
the resort to properly dispose of the material as quickly as
possible.

Board of Supervisors Chair Rob Brown said the supervisors are
informed of the situation and are not planning to take any action
at this time against the resort, which is located in Brown's
district.

"Doug (Gearhart) and Rick (Coel) have been keeping us in the
loop," Brown said.  "We're waiting and relying on those guys to
make sure everything gets done properly."

Coel said resort officials were issued a demolition permit for the
interior renovation work performed on the resort's main lodge.  He
said the resort still needs to submit plans for an Americans with
Disabilities Act (ADA)-compliant ramp for the lodge and other
information before the department will issue any use permits for
the resort.

Coel said owner Dan Nelson indicated in an email the resort is
working on those things.

An email to resort general manager Reg Marvin, Jr., was not
returned as of press time.


ASBESTOS UPDATE: Cost of Parliament Bldg Repairs to Top GBP1.6B
---------------------------------------------------------------
Daniel Martin at dailymail.co.uk reports that the Parliament is so
dilapidated that it would be condemned and demolished were it not
one of the most famous buildings in the world, experts said on
Oct. 31.

The Victorian structure is so stuffed with asbestos and leaky
roofs that it will require billions of pounds of renovation just
to keep it standing.

In a report commissioned by Parliament, it is warned that MPs and
Lords will have to move out of the building within the next decade
to enable a massive program of works to electrics, heating,
ventilation systems, drainage and stone work.

They concluded that the World Heritage Site -- which contains the
Commons and Lords chambers as well as suites of committee rooms,
offices and dining rooms -- was so poorly-maintained that it is
"remarkable that it continues to function."

And they warned that if nothing is done to make it safe, the
Palace of Westminster could fall victim to a catastrophic fire the
like of which famously destroyed its predecessor in 1834.

The report into the "looming crisis" put forward four options for
dealing with the mess -- although MPs have already rejected the
nuclear option of moving out of the Palace altogether, turning it
into a museum and building an entirely new parliament building
somewhere else in London.

Other ideas include continuing with piecemeal repairs costing
GBP26million a year, and spending 10 years on a boosted program of
repairs during weekends and recesses.

The most likely option is to move MPs and peers out of the neo-
Gothic edifice altogether, housing them in new temporary buildings
on the Parliamentary estate or in facilities such as the nearby
Queen Elizabeth Conference Centre or Church House.

Although they do not put a final cost on the work, they say it
will be at least GBP1.6billion.

The damning report on the state of the home of British democracy
was ordered by the House of Commons Commission.

It warns: "While the precise cost of rectifying these deficiencies
is still unknown, investigations conducted in recent years
indicate that it is already in excess of 40% of the insurance
reinstatement value of the Palace.

"If the Palace were not a listed building of the highest heritage
value, its owners would probably be advised to demolish and
rebuild."

There has been no renovation to the spectacular building, rebuilt
along designs by Charles Barry in the 1850s, since the late 1940s,
following the destruction of the Commons chamber by Nazi bombs.

The report goes on: "Considering the age of the Palace of
Westminster, the 60-plus years that have passed since the partial
post-war refurbishment, the long-term under-investment in the
fabric and the intensive use to which the Palace is put, it is
remarkable that it continues to function.

"The signs of wear and tear, the number and frequency of
relatively minor floods and mechanical breakdowns, the high cost
of maintaining obsolescent equipment and the large sums that are
now having to be spent on aggressive maintenance and risk
reduction all provide tangible evidence of the looming crisis.

"A growing body of surveys, consultancy reports and risk registers
point to the further deterioration that will occur and the severe
hazards that could occur if fundamental renovation is delayed
indefinitely.

"It is hard to imagine how the Palace will survive for future
generations to use and admire without a major mid-life overhaul."

Among the many problems facing the building are antiquated
electrics, clapped-out boilers and leaking roofs.

Asbestos, which is "present throughout the building," is
identified as a "risk to all persons within the Palace of
Westminster."

Water penetration is a particular problem in the belfry of the Big
Ben tower.  They warn that if a heating pipe were to snap near the
Commons chamber, the escape of steam would distribute asbestos,
putting the chamber out of commission "for months."

Many parts of the Palace are in a "shabby condition."  Several
pieces of timber fall from the fourteenth-century roof of
Westminster Hall every year, endangering tourists; and a boss once
fell from the roof of the Lords chamber.

Fire safety is another concern.  Fire alarms are old, the coverage
of automatic fire detection systems are incomplete, and there is
little "compartmentation," meaning fire can quickly spread round
the building.

The report warns: "Fortunately there have been no major outbreaks
of fire in the Palace in recent years.  Forty minor fires have
been recorded, however, since 2008.  All have been quickly dealt
with.

"Although these have been minor incidents, there has been some
evidence of smoke travelling through architectural voids,
confirming that current compartmentation is unreliable."


ASBESTOS UPDATE: ADFA Urges Proper Handling of Fibro Meter Boards
-----------------------------------------------------------------
Heath Aston of The Sydney Morning Herald reports that electrical
workers at a major state-owned power company have been ordered to
wear full asbestos hazard suits and respirators when approaching
electricity meters at homes built before 1988.

Amid evidence that Endeavour Energy has been following asbestos
safety guidelines that are years out of date, the company on
Wednesday, Oct. 31, strengthened requirements for staff working at
older homes.

The move comes three days after Fairfax Media revealed 2 million
houses in NSW built before 1988 could be harboring lethal asbestos
dust.

Fibro meter boards installed before that time all contain ageing
asbestos fibers which are increasingly being disturbed by drilling
work associated with the installation of modern meters and solar
energy.

Endeavour, one of the state's big three power providers, has
issued a hazard alert, urging its 3000 workers to use ordinary
"P1" safety masks and report any dust residue they find.

The company, which serves western Sydney, the Blue Mountains and
the Illawarra, also warned customers to wear masks around meter
boxes.

But the directive was upgraded on Wednesday, Oct. 31, to insist
workers wear "P2" disposable respirator masks with a full-length
plastic safety suit -- the same protective gear worn by asbestos
disposal teams.

The Electrical Trades Union said the hasty change was an admission
by Endeavour it had been following an asbestos safety standard of
1988 that was superseded in 2005.

The union's NSW secretary, Steve Butler, said: "Endeavour's
current management signed off on an asbestos exposure policy that
is five times weaker than the industry standard.  This is a
shocking failure of management."

According to documents obtained by Fairfax, Endeavour signed off
on guidelines as recently as August that allow five times more
exposure to friable -- or breathable -- asbestos than is allowed
in the latest national standard.

A spokeswoman for Endeavour acknowledged that an "out of date
reference" was found in a 15-page policy on asbestos management
but insisted safety had not been compromised.

"While one reference in our paperwork about measuring asbestos
exposure may been out of date, our testing has always complied to
the relevant standard," she said.

Endeavour described the new measures as "purely an additional
precautionary safety measure" while testing of dust residue was
carried out.

"We have absolutely no evidence or information to suggest that the
risk of asbestos is any greater for our workers than it has been
for the past decade," the spokeswoman said.

"The instruction to wear this revised protective equipment is not
related in any way to working with an out of date standard on
Asbestos management."

Endeavour said customers did not need to wear full hazard gear.
"We have consulted with various stakeholders and reviewed related
practices and there is nothing to suggest that this additional
protective equipment should be worn by residents."

Ausgrid and Essential Energy, which cover the rest of NSW, said
their safety measures were sufficient but the Asbestos Diseases
Foundation of Australia (ADFA) has warned of a "third wave of
asbestos victims" unless the matter is handled properly.


ASBESTOS UPDATE: Tewkesbury Firms Offered Fibro Management Support
------------------------------------------------------------------
thisisgloucestershire.co.uk reports that businesses are being
warned about managing asbestos to protect their staff and
customers.

Firms in Brockworth and Churchdown and others parts of Tewkesbury
Borough Council are being advised by its environmental health
officers about the affects of asbestos.

Past exposure to asbestos currently kills around 4,500 people in
the UK and reducing risks from this material is a national
priority.

The council is making visits to industrial estates to offer advice
and support.

To comply with the law, businesses must carry out a range of
tasks, including finding out if the premises contains asbestos,
carrying out risk assessments, producing an action plan to manage
any asbestos and providing information on the location of the
asbestos to anyone who may work on it.

The scheme will run until mid-December.


ASBESTOS UPDATE: Bill to Publish List of Toxic Buildings Launched
-----------------------------------------------------------------
The Canadian Press reports that a Saskatoon man who is dying from
an asbestos-related cancer is urging the province to make lists of
public buildings that contain asbestos available to everyone.

Howard Willems wants people to know if they're going into a
building that contains asbestos.  He worked as a building
inspector for 31 years, and he now suffers from a rare cancer
that's linked to asbestos.

"Everyone has the right to know how to be safe," says Willems.

Willems' story inspired the NDP to introduce a private members
bill that would require details about asbestos containment in
public buildings to be listed online.  New Democrat Cam Broten
says the bill would allow people to take steps to protect
themselves.

"This is common sense legislation.  It simply requires a listing
of the public buildings with asbestos and some basic detail about
its safety.  It's not about spending money for clean-up, it simply
allows people to make an informed decision," says Broten.

But the Saskatchewan Party says there are already regulations in
place to maintain and keep track of the hazardous fiber.
Workplace Safety Minister Don Morgan says a registry creates a
false sense of security and the best assumption anyone can make is
that all buildings built before 1980 contain asbestos.

"The assumption should be there that whenever dealing with a
building, asbestos is there, and that appropriate steps be taken
to it, and people should not rely on a registry that may be
incomplete of may not have accurate information."

Willems says the province already has a list of its properties
that contain asbestos.  Now the list just needs to be made
available.  "This is not about enforcing regulations or creating
fear.  It's about educating people."

Asbestos becomes airborne if disturbed during construction and
those hazardous fibers can be inhaled.


ASBESTOS UPDATE: Parliament to Vote on Registry Motion in December
------------------------------------------------------------------
CBC News-Prince Edward Island (P.E.I.) reports that two health
lobby groups are calling for a national public registry of
buildings containing asbestos.

Decades ago, asbestos was a popular insulation material.  That was
before it was linked to cancer.

Workers on P.E.I. were removing lead paint on Thursday, Nov. 1,
and the safety equipment and measures they were taking are similar
to the removal of asbestos.

Sam Sanderson said about 75% of his company's work on the Island
is asbestos related.

"Asbestos can be in vinyl sheet flooring, vinyl flooring, it can
be in your drywall joint compound," said Sanderson.  "It could be
in your plaster, could be in your insulation in your attic and
various places like that."

The Canadian Cancer Society and the Canadian Medical Association
want to see a national public registry of buildings containing
asbestos.  That's something Sanderson would encourage.

"The more information we have going into a job, the better off we
all are," said Sanderson.

Asbestos can cause cancer and other diseases but isn't harmful
unless disturbed.  It was used widely across the country from the
1920's to the 1990's.  But the Canadian Cancer Society says people
aren't aware of the potential dangers.

"We did a survey a little while ago with 1,000 Canadians, and less
than half are aware of the dangers of, and understand the impact
of asbestos," said Lori Barker of the Canadian Cancer Society of
PEI.  "So we need to increase the awareness of that so people can
protect themselves accordingly."

Bill Reid of the health and safety division of the PEI Workers
Compensation Board says there are strict provincial regulations to
protect people who work with asbestos.  While he says a registry
would raise awareness there are questions too.

"I guess a concern may be is how thorough is this registry and the
fact that if it's not totally inclusive," said Reid.  "You
wouldn't want assumptions out there as well that people may assume
that it's safe, when it's not."

The Canadian Cancer Society says if property owners know they have
asbestos in their building, they should have trained professionals
remove it, instead of tackling the job themselves.

Parliament is expected to vote on the asbestos registry motion in
December.


ASBESTOS UPDATE: Council Appeals for Info on Derby Fly-Tippers
--------------------------------------------------------------
BBC News Derby reports that a pile of asbestos waste has been
dumped by fly-tippers on a lane near a village in Derbyshire.

Erewash Borough Council is appealing for information after the
asbestos was left on No Man's Lane in Dale Abbey last month.

The asbestos was removed by a specialist contractor, the council
said.

Neighborhood wardens have searched through the waste for clues to
help identify who dumped the waste.

The council said: "If anyone saw the waste being dumped, knows of
an outbuilding made of asbestos which may have recently been
removed from a property or has any other information, we ask them
to please get in touch."

Penalties for illegal fly-tipping range from GBP80 on-the-spot
fixed penalties to fines of up to GBP50,000.


ASBESTOS UPDATE: Sheehan High School Expects to reopen Nov. 7
-------------------------------------------------------------
Russell Blair of The Record-Journal reports that Sheehan High
School will remain closed after suffering storm damage earlier and
students are not expected to return until Nov. 7.

Classes at the school were canceled after winds ripped off a large
section of the school's roof and let water into the building.  All
of the other schools in town reopened Wednesday, Oct. 31.

In a letter to parents Thursday, Nov. 1, School Superintendent
Salvatore Menzo said roof repairs were nearly complete and the
building was in the process of being dried, but the leaks caused
damage to asbestos floor tiles on the second floor.

"As a result, abatement is being performed by certified
contractors and overseen by environmental consultants to ensure
that all Environmental Protection Agency and state of Connecticut
regulations are followed closely,"  Menzo wrote.

After the abatement, visual and analytical testing will be
performed.  Students will not be allowed in the building during
the abatement.

"We want to make sure everything is safe inside," Menzo said in an
interview.  "We found out after the fact that the tiles were
compromised."

The roof damage at Sheehan was discovered about 7 a.m. Tuesday,
Oct. 30.  Maintenance workers quickly came in to assess damage and
remove water from the building.  Sheehan was the only school to
suffer any serious damage from the storm.

Menzo said in his letter that it hasn't been determined yet
whether or not Sheehan students will be required to make up the
days they have missed due to the roof damage, but a decision
should come before the end of the year.

"The Board of Education will review this issue and parents and
staff will be notified as soon as decided," he wrote.

The SAT scheduled for Saturday at Sheehan is cancelled.  It has
been rescheduled for Nov. 17.  All town students will have Monday,
Nov. 12, and Tuesday, Nov. 13, off because the schools will be
used for polling places on Election Day.  Sheehan teachers will
still have professional development on those days, but it will be
held at other schools in the district.


ASBESTOS UPDATE: Catamount Environmental To Cleanup Bartels Lodge
-----------------------------------------------------------------
Keith Whitcomb, Jr., of The Bennington Banner News reports that
the Pownal Select Board accepted bids Thursday, Nov. 1, to tear
down the Bartels Lodge.

The bids had two aspects, one for asbestos removal, the other for
removal of the building itself.  Catamount Environmental Inc. was
the sole bidder for asbestos removal, at $9,950.

Board Chairman Stephen Kauppi voted to accept the bid, as did
board members Dale Palmer and Michael George.  Board members
Ronald Bisson and Nelson Brownell abstained.

TAM Inc. won the demolition bid at $14,875. Kauppi, Palmer and
George voted for it, Bisson voted no, while Brownell abstained.
The other bidder was Jerome Construction at $23,258.

Kauppi said the asbestos removal requires Catamount to get a
number of state permits in place before it can do the work, which
may take a few weeks.  TAM cannot demolish the building until the
asbestos is removed.

Both companies will remove their respective materials and dispose
of it, while the town may keep some concrete from the foundation
to be used through the road crew.  Kauppi said the work would
likely be done before winter given weather concerns.

Bartels Lodge sits at the end of Center Street and is part of a
historic district.  The town owns the building and land, which it
bought in 2005 for $60,000.  The building has been at the center
of numerous public debates, having been bought with vague plans
for it to be used as a new town office.  The board last discussed
the matter at a regular meeting last month when it voted to put
the demolition out to bid.

It was at that meeting that Kauppi told resident Eve Pearce, a
vocal proponent of preserving the lodge, that if she wanted to
take the building home with her, she could.  The board read a
letter from Pearce at its most recent meeting in which she said
she would be happy to do that but would need until Dec. 13 to put
a plan together for the building to be moved.

Kauppi said he was being sarcastic when he told her that, and
furthermore didn't have the backing of the board when he said it.
Pearce's offer appeared to be the reason Bisson and Brownell did
not vote to accept the bids.

Bisson said if Pearce can move the building at no cost to the town
it would save the taxpayers money on the cost of destroying it.
He said if Pearce couldn't get a plan together by then that could
be the end of the discussion.  Brownell added that the bids
themselves are good for 60 days and to wait for Pearce would only
take up 30 of them.

Julius Rosenwald, a resident, said he has no love for Bartels
Lodge but questioned removing it without knowing how that might
affect grant funding either federal or state should the town seek
to build a new building on the site.  Kauppi said he could not
guarantee it wouldn't but felt that given the time the board has
spent discussing the lodge and its condition, it could make the
case that due diligence was done in seeking preservation
opportunities.

Rosenwald said he spoke to a person who moves buildings for a
living and was given a guess that it would cost $40,000 to move
the lodge across the street.  He said that's more dream than a
realistic plan, but it gives an idea on cost, assuming utility
wires don't have to be moved.

Kauppi said it has become difficult to find bidders for work
regarding the building as the town has been unwilling to commit to
action and that wastes the bidders' time and money.  Board members
Palmer and George said it was made clear by those present at an
informational meeting held earlier in October that the townspeople
wanted the building down, as many felt it was a safety hazard in
addition to a waste of the board's time.

At town meeting this year, voters approved two ballot articles,
one that called for the lodge's removal, the other that called for
it to be sold to a group that would preserve it.  A group wishing
to preserve the lodge had its attorney, Paul Gillies, of
Montpelier, send the board a letter saying he would pursue an
injunction against the board should it remove the building.

Gillies said the article calling for the preservation was more
directive while the other more permissive which gave it more
weight.  He said the order they appeared on the ballot or the
number of votes were not factors.


ASBESTOS UPDATE: Layers of Fibro Stall Old Keybank Branch Project
-----------------------------------------------------------------
Real estate developer Jeff Gordon tells Michael DeMasi of The
Business Review that renovations are taking longer than expected
to convert the old KeyBank branch at 60 State St. into a banquet
hall and apartments.

The problem?  Asbestos.

"We got through the main asbestos, then hit more asbestos," said
Gordon, a principal of The Gordon Cos. in Albany.  "Every time you
open up a wall in these old buildings, you find more.  It's
slowing our construction time down."

Gordon and his brother, Dave, bought the former bank two years ago
for $500,000.  It's one of those grand old places nobody builds
anymore, with large, Greek-style columns, marble walls, and 40-
foot-high ceiling in the lobby with intricate wood carvings.

The basement vault is protected by a 60-ton door that puts Master
locks to shame.

Gordon doesn't know how much he and his brother will wind up
spending turning the bank into a 270-seat banquet hall, but he's
shooting for a May opening.

It will take longer to finish work on 14 new apartments in an
attached building in the rear of the bank.


ASBESTOS UPDATE: Razed Leicester School Closes for Decontamination
------------------------------------------------------------------
thisisleicestershire.co.uk reports that a Leicester school has
been contaminated by asbestos after a fire last month.

The fire destroyed the gym and damaged classrooms at Catherine
Junior School, in Brandon Street, Belgrave, and pupils had to be
evacuated shortly after 2pm on Tuesday, Oct. 31.  More than 60
firefighters helped put out the flames.

The city council said that the site must be decontaminated before
an assessment of the damage can take place, and this is could take
some weeks.

Parents of pupils at the school are being contacted by the council
to update them and it said it is working with the school's
headteacher Joy Denning to make arrangements to get the pupils
back into school as quickly as possible.

Coun Vi Dempster said: "We are very aware this situation is
putting great pressures on families and we are doing all we can to
sort this out as quickly as possible, including talking to other
schools and education providers in the area.

"We are sorry we can't give more information at this stage, but we
will finalize arrangements to get children back into school and
inform parents as soon as we can next week."

The city council is making emergency payments to parents whose
children have lost coats and other items of clothing in the fire.

Council staff are scheduled to be at Catherine Infant school to
administer these payments on Friday, Nov. 2.  The school is in the
process of contacting parents, but anyone who hasn't heard from
them can call in at the infant school.


ASBESTOS UPDATE: Carcinogens Buried in Aylesbury Cemetery Probed
----------------------------------------------------------------
The Bucks Herald reports that a probe has been launched after
council workmen secretly buried 40 bin liners of dangerous
asbestos in a cemetery.

The 'serious breach of policy' has already cost taxpayers more
than GBP11,000 in a big cleanup operation and the bill could rise
even further.

The asbestos at Tring Road Cemetery was discovered after an
employee tipped off bosses at Aylesbury Town Council, which says
it was oblivious to the dumping.

The authority has been forced to bring in specialists to dispose
of it legally and test the ground for contamination.

It is thought the dumping took place around two-and-a-half years
ago, when a section of the Tring Road allotments were cleared to
make way for the cemetery extension.

The corrugated asbestos roofs found on the allotment outbuildings
were broken up and dumped in 10ft holes in ground which was due to
be dug out for new graves.

The council said it will discipline staff involved in the
'disgraceful act' and has said it will prosecute if necessary.

Acting clerk at the town council Keith Gray said: "Town
councillors are appalled that this rubbish was buried.

"This disgraceful act has so far cost the council GBP11,292.  The
council will seek legal advice on claiming this money, and any
further costs, back from those responsible.

"It is clear anyone dealing with such material should have
disposed of it through appropriate facilities and in accordance
with health and safety law, on which all council staff are
trained.

"Councillors were not informed at the time and would never have
sanctioned this.

"I have been instructed to thoroughly investigate this serious
breach of council policy.  Investigations will also be made with
the relevant authorities regarding possible prosecution to those
who made the decision to bury the waste."

Leader of the town council Mike Smith says they are yet to find
out the number of people involved in the scandal, and has not
ruled out the possibility of it being carried out for financial
gain.

He said: "We don't know for sure it was council staff, but
obviously they do have access to the site and that's something
we're looking at.  Hopefully when we find out who is responsible,
we can find out why it was done.

"The council had ample provision in the budget to complete the
work properly.  To dispose of the waste in this way would never
have even been considered an option by those on the council for a
minute.

"We are working very hard on the investigation.  Nobody has yet
been suspended."

He added the search to find those involved is also to ensure they
are screened for any health risks, such as asbestosis and
mesothelioma.  Compensation claims for such ailments can cost
employers hundreds of thousands of pounds.

Meanwhile, town councillor Chris Adams says he and fellow UKIP
member Andy Huxley have even discussed stepping down from the
council, as the 'ongoing saga of things going from bad to worse'
is reflecting badly on them.

He said: "You couldn't make it up. I think it's very
irresponsible.  The public deserves better.

"It's so embarrassing, it doesn't reflect well on us at all.

"They're in a public office.  This needs to be sorted out very
quickly.  It's just mess, after mess, after mess.  These aren't
just small mistakes we're talking about."

Meanwhile, Conservatives on the council have described the dumping
as 'scandalous.'

A spokesman for the group said: "Conservatives on the town council
were shocked and disgusted when informed.

"We believe residents should be kept fully informed not only
because of the asbestos and other items, but because of the
financial burden this will place on the council, which is funded
by the tax payer.

"We very much welcome the investigation, as there could be serious
ramifications in many respects.  Our concerns are for anyone who
may have handled these materials, especially if they were not
aware of the dangers.  We demand swift action and for those
responsible for these serious breaches, in not only council policy
but also health and safety law, to be held accountable for their
disgraceful actions."


ASBESTOS UPDATE: $3MM Verdict Awarded to Former Pipefitter's Kin
----------------------------------------------------------------
Sylvia Hsieh at Lawyers.com reports that juries continue to award
big verdicts to workers who develop the deadly form of lung cancer
known as mesothelioma after working with asbestos products.

In the most recent jury trial, the family of a New York pipefitter
who was exposed to asbestos for more than a decade won a $3
million award.

Gerald Suttner worked at the GM Powertrain facility in Tonawanda,
N.Y., for nearly four decades.  Suttner repaired valves made by
Crane Co. with gaskets containing asbestos.  Suttner was diagnosed
in 2010 with mesothelioma, a cancer that destroys the lung's
lining, and died a year later at age 77.

His wife, Joanne, sued Crane Co. and 17 other manufacturers,
arguing that they knew of the hazards of asbestos as early as the
1930s but continued to use the toxic product into the late 1980s
without putting warning labels on its products.

"The defendant's use of asbestos and failure to warn workers and
consumers of its dangers is inexcusable," said Perry Browder --
pbrowder@simmonsfirm.com -- of Simmons Browder Gianaris Angelides
& Barnerd, who represented the family.

The attorneys argued Suttner's death was avoidable.  Suttner
retired from the GM plant in 1997 and became an active volunteer
for Shriners Children's Hospital, perhaps motivated by his own
disabled daughter, whom he also cared for.  As a national officer
of the hospital, Suttner drove children to and from the hospital,
wrote articles for the organization's national magazine and played
in a band to raise money for the hospital.

"Jerry was a good man who worked hard his entire life to take care
of his family and make his community a better place.  He gave
selflessly to people whom he had never met, because that's the
kind of man he was," said Myles Epperson --
mepperson@simmonsfirm.com -- another attorney for the family.
"His death, which could have been prevented, was a significant
loss both to his family and to so many others whose lives he
touched."

After a three-week trial, the jury held Crane Co. and 17 other
asbestos makers responsible for Suttner's mesothelioma, awarding
$3 million to his wife and adult daughter.

"Mr. Suttner worked hard in order to provide for his family, and
he always played by the rules...It appears that this jury sent a
strong message to defendant Crane Co., that it, too, should have
played by the rules that govern honorable behavior by warning Mr.
Suttner about the dangers of handling its products," said Michael
A. Ponterio -- MAP@lipsitzponterio.com -- of Lipsitz & Ponterio,
who also represented the family.


ASBESTOS UPDATE: Mesothelioma Kills Denmead Industrial Diver
------------------------------------------------------------
The Southern Daily Echo reports that a former deep-sea diver from
Denmead died as a result of industrial disease, an inquest was
told.

The coroner's court at Winchester heard that George Lock, 61, of
Denmead, died as a result of working with asbestos in the 1970s.

The married father-of-two went on to become one of the first
people in Britain to qualify as an industrial diver, performing
underwater welding for North Sea oil and gas companies.  But it
was Mr. Lock's work on building sites in Portsmouth that
ultimately led to his death, the court heard.

At the time of his death on Sept. 15 from mesothelioma, Mr. Lock
was being cared for at Rowans Hospice, Purbrook.


ASBESTOS UPDATE: Study Links High Iron Content to Mesothelioma
--------------------------------------------------------------
According to an article at Surviving Mesothelioma and Cancer
Monthly, scientists have long known that exposure to asbestos can
cause mesothelioma, but the jury is still out as to exactly why
this happens.  It is known that the shape of asbestos fibers makes
them more likely to lodge deep in tissue, causing chronic
irritation.  But some have speculated that the high iron content
of asbestos -- particularly chrysotile asbestos -- may also play a
key role in triggering mesothelioma.

A new study published in the Journal of Pathology appears to
support the iron overload/mesothelioma connection.  Japanese
scientists studied the effects of three commercially used types of
asbestos -- chrysotile, crocidolite and amosite -- in laboratory
rats.

Of the three asbestos types, chrysotile brought on mesothelioma
the fastest and iron overload was at least partially to blame.
The team reports that "massive iron deposition was found in the
peritoneal organs with high serum ferritin" (a measure of iron in
the blood serum) in the chrysotile group.  The mesothelioma cells
in these rats "showed an iron regulatory profile of active iron
uptake and utilization. "  When the researchers increased the
level of iron in the bodies of rats that had been exposed to
chrysotile, mesothelioma developed even faster, supporting the
carcinogenic role of iron.

Among the three types of asbestos studied, chrysotile was also
found to trigger the earliest cases of mesothelioma of the
sarcomatoid subtype.  Sarcomatoid mesothelioma is a less common
and even harder-to-treat form of the disease than the epithelioid
variety seen most often.

But there is some good news in the study.  Because of the close
association found between chrysotile-induced mesothelioma and
iron, the researchers suggest it may be possible to help stave off
the onset of this cancer among people who have been exposed to the
substance by controlling the iron in their bodies.  They write,
"An intervention to remove local excess iron might be a strategy
to prevent malignant mesothelioma after asbestos exposure."  More
study will be needed to develop and test such an intervention.

Chrysotile, also known as white asbestos, is the most common form
of the mineral, which is still mined and used as a building
product around the world.  According to the Occupational Safety
and Health Administration (OSHA), Chrysotile accounts for about
95% of the asbestos present in the U.S.


ASBESTOS UPDATE: Removal of Shamokin Building Debris Continues
--------------------------------------------------------------
Eric Scicchitano at Newsitem.com reports that the removal of
demolition debris, which may include asbestos, from the site of a
building collapse on North Shamokin Street was to resume Monday,
Nov. 5, according to a city official.

Steve Bartos, Shamokin city clerk, said the Environmental
Protection Agency (EPA) will allow the debris removal to proceed
at the former Shamokin Health Spa in the 700 block of North
Shamokin Street.

If suspected asbestos is located at the site, the material is to
be soaked with water, contained and disposed of at a landfill
permitted to accept asbestos contaminated material, he said.

An asbestos professional will be on hand during the debris
removal, he said, and EPA is monitoring the project.

Madonna Enterprises, Port Carbon, is the contractor on the
project, which was delayed Oct. 18 after a piece of machinery
malfunctioned and needed repair, Bartos previously said.

A pair of adjoining vacant commercial properties partially
collapsed in mid-June and an emergency order was subsequently
issued by the city to knock them down.

The properties were up for tax sale, and the city has since placed
a municipal lien on them and is seeking to purchase them.

The original work at the site was halted about two weeks after it
began when city officials and the contractor, Robert Gusick
Demolition, Shamokin, began an as-yet unsettled dispute over
contract terms.

Questions were also raised about the potential for asbestos
existing at the site.

EPA employees collected eight samples at the site and shared them
with the city.  Both parties have sought asbestos testing of the
samples.

The city's results have been returned, but Bartos said he is
awaiting results of the analysis authorized by the EPA before
making the information public.

An EPA spokeswoman said Thursday, Nov. 1, that an investigation of
the site is ongoing and would not release any information until it
is closed.

A city resident had three samples he says were taken from the
demolition site tested by an EPA-approved laboratory, one of which
was positive for asbestos.

If asbestos is found at the site, the EPA spokeswoman had
previously said it wouldn't present a health risk to the public
since its exposure has not been long-term.


ASBESTOS UPDATE: NSW Stats of DIY Enthusiasts With ARD on The Rise
------------------------------------------------------------------
According to Beverley Hadgraft of The Sunday Telegraph, every
evening in the '70s and '80s, dads and husbands returned home from
work and did what dads and husbands have always done: they gave
their wives and children a hug and a kiss.

As they did, a cloud of dust often rose from their overalls --
asbestos.  Cheap, strong, waterproof and fireproof, it was in
building products everywhere.  No one realized its invisible
fibers, 50 to 200 times thinner than a human hair, were working
their way into people's lungs, where they lay dormant for many
years before developing into the incurable lung cancer,
mesothelioma.

Chances are Lou Williams, 57, developed her mesothelioma from her
dad Norm's hugs -- or from washing his overalls, vacuuming his
car, sweeping up the dust after home renovations.  A plasterer who
worked on stores in shopping centers, Norm was diagnosed with
mesothelioma in 1985.

He died six months later, aged 54.  Williams, however, never
imagined she was susceptible, too, and when doctors gave her the
diagnosis in 2003, she went into shock.

"I asked, 'What's going to happen to me?'  and he replied, 'I
think you should go home right away and get your life in order.
You've probably got a couple of months.'"

The mother-of-two said goodbye to her daughters, husband and the
rest of her family and friends.  Then she endured surgery and 18
sessions of chemotherapy.  "I was very ill.  I thought I'd die,"
she says quietly.

Despite enduring more chemo and surgery since, Williams is
miraculously still alive.  Every mesothelioma funeral she attends
--  and there have been 50 in the past nine years -- reminds her
of that.  Most people don't last longer than six months.  "I can't
explain why I'm still here," she says.

She's pragmatic about the fact it will claim her life; she doesn't
plan more than four weeks ahead and treasures moments she never
expected to see, such as the births of four grandchildren and her
55th birthday ("I had lived one year longer than Dad").

According to the Asbestos Management Review Report released in
August, there have been 4700 deaths from mesothelioma in Australia
since records began in the early '80s.  It's estimated 25,000 more
will die over the next 40 years.

But as Asbestoswise (an information, support and awareness group)
points out, considering almost everyone has been exposed to some
asbestos fibers, these figures are mercifully small.  More than
2500 people are diagnosed with asbestos-related diseases (ARD) in
Australia every year.

These include mesothelioma, lung cancer, asbestosis (a condition
that restricts breathing by hardening and scarring the lung) and
pleural plaques (thickened patches on the chest and lung lining).

For a while, Williams was the only member of her Victorian support
group.  Now such groups field constant calls, Facebook groups link
international sufferers, solicitors such as Maurice Blackburn and
Slater & Gordon specialize in asbestos-related compensation cases,
and in September, the government announced the creation of The
Office of Asbestos Safety.

This new body aims to improve awareness, management and safe
removal of asbestos in homes, offices and schools.

It is not before time.  One in three Aussie homes is thought to
contain asbestos and, as you read this, enthusiastic young couples
all over the country will be knocking down walls, unaware they're
playing 'renovation roulette.'

In the past, victims were mainly miners and tradesmen.  Now, DIY
enthusiasts are swelling a horrifying third wave.

A NSW study revealed 60.5% of renovators reported they'd been
exposed to asbestos, while a study published in the Medical
Journal of Australia found 35.7% of female mesothelioma cases were
attributable to home renovation.

Clare Collins prays she won't become one of those statistics.
Collins, 50, did two renovations on a fibro house on the NSW
Central Coast -- in the '80s and in 2006.  She now lives with the
knowledge she may not only have put her own life at risk, but also
the lives of her mother and daughter, Alice.

"I was a single mum, didn't have a lot of money and am very much a
DIY person," she says.  "I ripped up carpets, knocked bathroom and
kitchen tiles off walls, moved fibro around, ripped up old vinyl -
- it horrifies me."  At the time, she didn't realize asbestos was
present, but later started to think about the white covering she
saw.  "There was asbestos everywhere in that house -- in the
fence, roof, walls," she says.

"I do worry I have something that could turn up in 10 years time
-- this stuff can lay dormant for up to 40 years -- but my main
concern is Alice.  You vaccinate your children, you try to protect
them -- did I do something that may have put my daughter's health
at risk?"

Collins is now working on an asbestos awareness campaign.  One of
the couples she's been in contact with renovated their house while
their young son was present.  At 26, he died of an asbestos-
related disease.  "Imagine the pain.  I can't think of that story
without crying," Collins says.

A few days after Sunday Magazine spoke to Williams, she emailed.
She'd already mentioned discovering her Mesomark (a blood test
developed for mesothelioma) had risen and noticed she was
increasingly short of breath.  Now tests revealed growing tumors
in the peritoneal area.  She faces the possibility of more surgery
and chemo.

When asked if she'd like to pull out of this story, she declined.
She found her peace to die some time ago, she says.  Now she just
wants to prevent others meeting the same fate.  "Those who have
died don't have a voice any more.  I feel I am their voice to get
this message out that there is no safe asbestos.  Asbestos kills."

For information, visit http://www.asbestoswise.com.auor
http://www.asbestosawareness.com.au

                         *     *     *

Asbestos is no longer mined in Australia and it hasn't been
imported or used since 2003.  "It's difficult to tell if a
material contains asbestos," says Anna Trzekwas, from Asbestos
Removal Melbourne.  "If you're worried, call in a WorkSafe
licensed removalist to check it.  If necessary, they can safely
remove the asbestos, too."

Homes built later than 1988 should be asbestos free.  Pre-1984
homes may contain asbestos in fiber cement cladding (fibro) and
weatherboards, artificial brick cladding, flexible building
boards, bathroom linings and cement tile underlay, corrugated
cement roofing, flue pipes, textured paint, patched or repaired
plaster, vinyl floor tiles or coverings.

Asbestos may be present in hot water pipes, old heaters, stoves
and ceiling insulation, as well as brakes, clutches and gaskets on
pre-2003 cars.

There's no safe level of exposure to asbestos.  If you're worried,
visit http://www.betterhealth.vic.gov.auand search for "asbestos
in the home."

If you are exposed to asbestos, record it on The National Asbestos
Register -- http://www.nar.asn.au This can help if you need to
claim for compensation later.


ASBESTOS UPDATE: Former French Official Faces Manslaughter Charges
------------------------------------------------------------------
The United Press International reports that a French court ordered
former Socialist party leader Martine Aubry to appear before a
judge to face allegations of involuntary manslaughter.

The possible charges stem from Aubry's term as head of the
government's labor relations agency and involve the relatively
long time it took France to ban the use of asbestos in the public
sector.

The judges in the case have been hearing testimony from asbestos
workers and are turning their inquiry toward the actions of the
French government as far back as the 1970s, Radio France
International (RFI) said.

RFI said the cancer risk of asbestos was known in the 1950s but
the material wasn't prohibited until 1997.  Aubry was Director of
Labor Relations in the early 1990s.

RFI said two of Aubry's successors in the government -- Olivier
Dutheillet de Lamothe and former Director of General Health Jean-
Francois Girard -- have also been implicated in the case.

Aubry called the potential charges "incomprehensible" and said she
always worked to protect French workers.  She said she will ask
the court to take the charges off the table.


ASBESTOS UPDATE: Union Slams OHSA's Inaction on MCCAA Fibro Issue
-----------------------------------------------------------------
Matthew Xuereb at TimesofMalta.com reports that Consumer Authority
employees are still being exposed to an asbestos ceiling in the
building next door, but a minister on Nov. 2, assured them they
were in no danger.

Consumers Affairs Minister Jason Azzopardi said the Malta
Competition and Consumer Affairs Authority was closely monitoring
the ceiling because safety is the authority's top priority.

When the authority moved to Mizzi House in Blata l-Bajda a few
months ago, the General Workers' Union (GWU) had raised concerns
about the health and safety risks being faced by employees because
of the asbestos panels on the roof next door to the new office
block.

Asked whether the issue had been resolved, Dr. Azzopardi said the
Occupational Health and Safety Authority was regularly inspecting
the panels.  The OHSA does not have the power to order the owner
to remove the panels.

"It is not true that there is anything dangerous.  There is a
perception that there is a danger.  The authority is addressing
this perception by appointing independent experts to carry out
tests every three months and these tests have shown that the
presence of asbestos was negligible," Dr. Azzopardi said.

When contacted, GWU section secretary Cory Greenland, who had
flagged the problem when it first cropped up, said the fact that
monitoring was being carried out showed that the problem was not
only a perception.

He said the presence of the asbestos roof panels was a hazard in
itself for employees.

"If it's a perception, we would not be doing tests every three
months.

"We do the tests because it is a possibility that the asbestos
ceiling can expose employees to harm and therefore monitoring is
taking place.  Since seasonal aspects may increase the output of
asbestos particles, employees remain constantly concerned," he
said.

Dr. Greenland said the OHSA was not doing enough to address the
situation being faced by authority employees.

"I feel that OHSA does not do enough in such situations and
employees remain worried.  A pro-active OHSA would meet unions,
safety representatives and employees and give them objective
information.

"Instead, the OHSA hides behind the fact that the law requires
employers to do risk assessments and to hand in a safety report,"
he said.


ASBESTOS UPDATE: Widow Appeals to Former Engineer's Peers for Info
------------------------------------------------------------------
Dan Warburton of The Evening Chronicle (UK) reports that a widow
issued, on Nov. 3, a desperate plea for clues as she pieces
together how her husband contracted killer cancer mesothelioma.

Philip Martin died in June last year at the age of 75, just weeks
after being diagnosed with the incurable form of cancer caused by
exposure to deadly asbestos dust.

His wife of 52 years, Doris, from Jarrow, South Tyneside, told how
his death came 12 years after Philip had recovered from bladder
cancer.

A legal team acting for Doris believe her husband, an engineer and
fitter, came into contact with asbestos during his time as an
engineer in the Merchant Navy.

During his time there he repaired leaking pipes lagged with
asbestos on ships owned by the Shields-based Lowland Tanker
Company, Mungo Cambello and William Corey between 1957 and 1963.

It is thought the dad-of-two, known as Pip Martin early in his
career, also came into contact with asbestos lagging while working
as a fitter on kilns for BSC Brick Plant in Jarrow in the 1960s
and 70s.

And it's also thought he was exposed to the dust while removing
asbestos lagging from the pipework on ships for A&P Appledore Ltd
based on Tyneside in the 1990s.

Doris, 74, of York Avenue, said:  "It was heartbreaking to see the
effects that asbestos had on him.  After he was diagnosed, his
health deteriorated really quickly and it became hard for him to
even get out of bed because he couldn't breathe properly.

"He became completely dependent on his oxygen supply and he relied
on me to help him get him up and about round the house.

"Philip was always a real fighter and had previously battled
bladder cancer.  I am sure if he hadn't been exposed to asbestos
he would be fighting fit and enjoying life with us today."

Philip was diagnosed with mesothelioma in May last year, when
doctors carried out a biopsy on his lung after he suffered from
breathing problems after a fall.  His condition quickly worsened
and Philip sadly passed away just a month after his diagnosis.

Now Doris has launched a legal bid for compensation and has
instructed industrial illness experts from Irwin Mitchell to take
up her case.

On Nov. 3, industrial disease specialist Isobel Lovett --
Isobel.Lovett@IrwinMitchell.com -- appealed for Philip's former
colleagues to share information about the working conditions he
endured during his employment.

She said:  "Philip worked hard to provide for his family
throughout his career and was immensely proud of the work he did
while in the Merchant Navy and the companies he worked for.
Through no fault of his own he was exposed to asbestos which
eventually led to his death.

"If anyone served on the M V Kurdistan, Boarder Reiver, Corsea and
Kepwick Hall ships between 1957 and 1963 or has any information
regarding the working conditions on board during that time, then
we would urge them to get in touch so we can help Doris achieve
justice for her husband.

"Equally we are keen to speak to anybody who worked for BSC Brick
Plant between 1963 and 1978, or A&P Appledore Ltd between 1994 and
1995, to help us understand when and how Philip was exposed to the
deadly dust."

Anyone with information should call Isobel on 0191 279 0104 or
email Isobel.Lovett@IrwinMitchell.com


ASBESTOS UPDATE: VDH Warns Takers of Toxins From Timber Sleepers
----------------------------------------------------------------
Cameron Houston of The Age-Victoria reports that hundreds of
timber sleepers have been stolen from Melbourne's rail network and
used as firewood, despite government health warnings and concerns
they contain traces of asbestos.

Metro Trains is replacing old red gum sleepers along the Glen
Waverley line, but has been unable to stop the theft of wood
stacked beside tracks and left unattended.

A Metro Trains spokesman confirmed the timber had low-levels of
hydrofluorocarbons from oil and grease, but denied the presence of
any asbestos.

"Our own staff and contractors patrol the railway line and work
with police to try and prevent any theft of the wooden sleepers,
but unfortunately some are stolen.  There is no evidence to
suggest any health risk associated with sleepers," the spokesman
said.

But the Victorian Department of Health (VDH) has issued explicit
warnings about burning railway sleepers, which can release harmful
toxic fumes.

The Sunday Age spoke with a contractor employed by Metro Trains,
who said he had been instructed not to sell the sleepers because
they could contain a range of dangerous materials, including
asbestos.  He said much of the timber had been given to builders,
who had used it to build retaining walls.

"We were told that it's completely safe as long as they're not cut
or burnt.  And that's what I've been telling people we give it to,
but who knows what's happening with the stuff that's been
pinched," the man said.

Firewood Association Australia secretary Alan McGeevy said he had
received several complaints from people who had burnt the wood in
open fires, barbecues and pizza ovens.

"What alerted us, was people calling saying ,'I'm burning this
wood and I've got a bleeding nose and stinging eyes and feel like
I've got asthma'," he said.

Mr. McGeevy said some older sleepers had been exposed to asbestos
that was used to line brakes in trains until the mid-'80s.  "If
you're burning sleepers, the asbestos won't burn,"  Mr. McGeevy
said.

"It will congregate in the ash bed, so you have a perfect
environment for that asbestos to get airborne.  You don't need
much to do a lot of damage."

A spokesman for the Australian Rail Track Corporation would not
confirm if it was aware of an asbestos risk with old sleepers, or
who was liable for any injury that occurred from burning the
timber.

"ARTC requires these contractors to meet all necessary state
environmental legislation and to identify and mitigate potential
environmental issues associated with the recovery and disposal of
timber sleepers," the spokesman said.


ASBESTOS UPDATE: Asbestos Law Specialist Wins NSW Justice Medal
---------------------------------------------------------------
Lawyers Weekly (Australia) reports that a principal in asbestos
law at Maurice Blackburn has won the NSW Justice Medal.

Theodora Ahilas was presented with the annual award from the Law
and Justice Foundation of NSW for her outstanding contribution to
achieving justice for people with asbestos-related diseases and
their families.

It was presented by the Hon. Paul Stein QC AM, chair of the
Foundation, at a ceremony attended by 400 people at NSW Parliament
on Oct. 31.

Ahilas is principal of Asbestos and Dust Diseases for Maurice
Blackburn in NSW and has acted for hundreds of asbestos victims
and their families in NSW and the ACT over the past 21 years.  In
addition to law, Ahilas holds degrees in social work and arts.

The judges noted in awarding the prize that Ahilas is "a
specialist in this area of law, and she is known for her
extraordinary compassion and commitment to supporting the families
of clients as they deal with the psychological scars of sudden and
dreadful diagnosis and death."

Ben Slade, NSW managing principal of Maurice Blackburn, said the
award was well deserved and is a testimony to Ahilas's dedication
as a legal practitioner and passionate advocate in the area of
asbestos-related disease.

She won the prize over eight other nominees.

The Justice Medal is the pinnacle of prizes among seven that were
awarded in other categories.


ASBESTOS UPDATE: ETU Secretary Says 50 Ausgrid Employees Have ARD
-----------------------------------------------------------------
Matt Peacock of ABC News reports that Ausgrid, operator of the
largest electricity network in Australia, claims that most of the
35 electrical substations in Sydney's Central Business District
with friable asbestos have been cleaned -- at night by workers in
full protective suits to avoid alarming members of the public.

The Electrical Trades Union's NSW Secretary Steve Butler warns the
problem will not be just in Sydney, but nationwide, with more than
50 Ausgrid employees already developing asbestos-related disease
(ARD), and the toll growing by at least two a year.


ASBESTOS UPDATE: Students From Cwmcarn Begin Classes at New Site
----------------------------------------------------------------
BBC News Wales reports that pupils at a high school where asbestos
was discovered have begun classes at a new site 12 miles away.

The 900-pupil Cwmcarn High School shut last month after the
potentially hazardous material was found there.

Students are being educated at Coleg Gwent's campus in Ebbw Vale
for the rest of the school year.

Caerphilly Council said the GBP1.4m temporary move has been a
"major logistical challenge", but it had tried to make it as
smooth as possible.

Councillor Rhianon Passmore, the cabinet member for education,
said:  "It's great to see pupils and staff from Cwmcarn High
School back in the classroom.

"Our main priority over the past few weeks has been to get the
school community back together so that learners could re-commence
their studies with minimum disruption."

Cwmcarn head teacher Jacqui Peplinski also said the relocation had
been "quite a task."

The school was shut on Friday, Oct. 12, after a structural report
identified asbestos in the main block.

Year 10, 11, 12 and 13 pupils have since had lessons in the
school's performing arts block.

In a letter to parents on Cwmcarn High School's website on Friday,
Nov. 2, head teacher Jacqui Peplinski said local authority
officers had spent the week finalizing the transport arrangements
and it had been a mammoth task for them in seven days.

She said each pupil should have received individual instructions
and a color coded bus pass for the trip to Ebbw Vale.

"It is quite a task to organize the transportation of the entire
school population and we expect some issues and teething
problems," said Mrs. Peplinski.

"It is quite an adventure to move an entire school in one week but
it will not be complete without the learners and their happiness
and wellbeing is of paramount importance to us."

The council is looking at how it tackles the situation in the long
term.

After a special meeting of Caerphilly councillors on Oct. 23, Ms.
Passmore said the authority had been working closely with the
school and governing body to enable the pupils and staff to return
to classes as quickly as possible.

"We have approved almost GBP1.5m in funding to support the move
and this clearly demonstrates our commitment to resolve this issue
and reduce the disruption to the school community," said Ms.
Passmore.

She said the move addresses the "short-term" needs of the school
for the rest of the academic year.

"But we now need to look to the future and how we resolve the
situation in the longer term," she added.


ASBESTOS UPDATE: Libby Medical Trust Enrolment Until Nov. 20
------------------------------------------------------------
Lynnette Hintze of The Daily Inter Lake reports that Libby
asbestos victims have until Nov. 20 to enroll in the Libby Medical
Plan Trust that will disburse $19.5 million set aside by W.R.
Grace & Co. as part the company's bankruptcy court settlement.

The trust is available to all people diagnosed with asbestos-
related disease resulting from exposure linked to the former Grace
vermiculite mine near Libby.  Grace filed for Chapter 11
reorganization in 2001 in response to a growing number of asbestos
claims.

Grace voluntarily created the Libby Medical Program in 2000 to
provide coverage for certain asbestos-related illnesses.  That
program will be terminated as the trust takes over some measure of
insurance coverage for asbestos victims.

A final plan on how to distribute the money has not yet been
finalized, said Brian Bailey, a Kalispell independent health-care
insurance specialist who is assisting in developing a trust
distribution plan.

The proposal, Bailey said, is to reimburse people with asbestos
disease $100 a month for their Medicare Part B premium and an
additional $30 monthly for having adequate prescription or medical
insurance coverage.  These payments would be distributed twice a
year, with a maximum annual payout of $1,560.

"Adequate" coverage could include Medicare Part D, a Medicare
Advantage or Medicare supplement, Veterans Administration or
employer-based coverage, according to an informational letter sent
to patients by the Center for Asbestos Related Disease in Libby.

At the proposed rate of compensation, the $19.5 million would last
somewhere between three to four years, depending on how many
eligible beneficiaries enroll, Bailey said.

Francis McGovern, a law professor at Duke University, has been
named the independent trustee of the trust by the bankruptcy
court.  He has served as a mediator, court-appointed neutral
facilitator and trustee in numerous asbestos and other mass tort
cases.

Both McGovern and Bailey are serving without compensation.

A three-person trust advisory committee also is being set up.
Trust beneficiaries will vote on committee candidates, who include
Gayla Benefield, LeRoy Thom, Dave Stevenson and Donna Kaeding.

In a letter sent to potential trust beneficiaries, McGovern noted
that the Grace Libby Medical Program established in 2000 and now
being dissolved by the bankruptcy court settlement has been
voluntary and could have been terminated by Grace at any time.
Grace was paying more than $2 million annually in health-care
expenses through that voluntary program.

McGovern held meetings with Libby asbestos victims in early
September in Kalispell and Libby to explain and answer questions
about the trust.

The CARD clinic also has been keeping asbestos patients abreast of
the requirements to enroll in the trust and sent an informational
sheet to clients.

People with asbestos-related disease resulting from the Libby
exposure must complete an application questionnaire and attach
proof of health insurance (such as a photocopy of an insurance
card).  Applications are available at the CARD clinic or by
contacting Bailey Insurance at 752-7676 or emailing
brian@baileyinsurance.com.

If you are represented by a lawyer, or if you are currently on the
Grace Libby Medical Plan, trust overseers already have
verification of your exposure and disease.  If not, you must
submit proof of your exposure in Libby and asbestos-related
disease.

The CARD clinic is not involved in the set-up and administration
of the trust, but is helping patients access trust benefits.  The
CARD clinic can be reached at (406) 293-9280.


ASBESTOS UPDATE: Comcare to Host Asbestos Management Special Forum
------------------------------------------------------------------
PSnews reports that a special forum to look at the better
management of asbestos and a deeper understanding of its impact on
Australian workplaces is to be held in Melbourne later this month.

Organized by the federal work health and safety regulator Comcare,
the forum is aimed at promoting broader community awareness,
education and understanding of asbestos and its risks.

Chief Executive of Comcare, Paul O'Connor said the event would
highlight the continuing dangers of asbestos and the best ways to
deal with the problem.

He said it was part of a national effort to manage asbestos,
reduce people's exposure to it and better care for people affected
by it.  "Sadly, more than 640 people died from asbestos related
conditions in 2010 and more are expected to die each year," Mr.
O'Connor said.

He said the Forum would feature a keynote address from the
Chairman of the Asbestos Management Review, Geoff Fary who led a
recent government review into asbestos and its impact.

Mr. Fary's address will describe the recommendations for the
development of a national strategic plan to improve asbestos
awareness and management in Australia.

Mr. O'Connor said the forum would also hear of Government plans to
establish a new Office of Asbestos Safety (OAS) with the head of
the Office, Steve Kibble explaining how the Government was looking
at implementing the recommendations of the Fary Review.

Establishing the OAS was one of its recommendations.

Mr. O'Conner said that health experts would also contribute to the
program, including Dr. Geza Benke from Monash University and
Associate Professor Deborah Yates from Sydney's St Vincent's
Hospital.

He said they would discuss the latest in assessment, diagnosis,
treatment and palliative care for sufferers of asbestos related
conditions.

"The forum will also include disease sufferers who will share
insights and lived experiences to enhance asbestos awareness,
education and collaboration," Mr. O'Connor said.

He said the Forum would also look at the impact of asbestos
disease with advice from specialist actuaries with extensive
experience in the valuation of asbestos liabilities.

Finity's David McNab and Comcare's Chief Actuary, Bruce Watson
will examine the financial impacts of asbestos related diseases on
business and the community.

"This is a wide ranging Forum, relevant to support groups, medical
professionals, legal representatives and those with an interest in
the continued development of workplace health, safety and
rehabilitation," Mr. O'Connor said.

The Forum is to be held at the Intercontinental Hotel, 495 Collins
Street Melbourne on Monday, Nov. 26, 2012.


ASBESTOS UPDATE: Union to Push NSW for Industry-Wide Fibro Removal
------------------------------------------------------------------
Rashida Yosufzai of The Australian Associated Press reports that
the Electricity Workers Union (ETU) plans to demand industry-wide
asbestos removal when it meets the NSW government and company
officials.

ETU and Unions NSW officials will meet with the chief operating
officers of energy providers Endeavour Energy, Ausgrid and
Essential Energy, as well as Energy Minister Chris Hartcher on
Thursday, Nov. 8.

The unions will present their case for an industry-wide audit of
asbestos in substations and grids.

They will outline concerns about exposure and asbestos removal,
staff training and safety precautions, a union representative told
AAP.

It follows the release of internal Ausgrid documents on Nov. 6 by
the union, which showed about 49 cases of asbestos-related illness
at the firm in 22 years.

The union claims there is still friable - or easily-crumbled -
asbestos at underground electricity substations in Sydney's CBD.

ETU NSW Secretary Steve Butler added that of the 13,000
substations in the Ausgrid area, less than half had been audited.

"This industry is riddled with asbestos.  It is everywhere," Mr.
Butler told reporters on Nov. 6.

"You'll find it in transformers.  You'll find it lagging around
pipes, in fire doors, meter boards in people's homes.  You'll find
it all over the place from one end of the industry to another.

"It's got to come out, otherwise . . . more people will be dying,"
he said.

Ausgrid said claims it had suspended asbestos removal programs
were incorrect.

The electricity company said it was undertaking an ongoing, ten-
year program and contrary to union claims, it had already
completed its audit of 50 substations in Sydney's CBD.

"We are an open book when it comes to the union's providing
comment on our practices," Ausgrid spokesman Anthony O'Brien told
AAP.

"From what I can see today, the union has not provided any
criticism of Ausgrid's practices around working safely around
asbestos."

Mr. Hartcher said Thursday's meeting had been called to ensure
"all parties are working together to ensure workers' health is
protected."

"All state-owned businesses are required to have an asbestos
management plan in place -- the safety of workers is of utmost
importance," Mr. Hartcher said in a statement.

"The government is open to suggestions from all parties.  This is
about making sure that where necessary, action is being taken."


ASBESTOS UPDATE: Fibro Removal at Chirnside Park Scares Residents
-----------------------------------------------------------------
Elaine Phelan of The Lilydale & Yarra Valley Leader reports that
residents are worried about their health after asbestos was
removed from a former Chirnside Park golf course site.

Chirnside Park resident Barry O'Brien, who lives next to the site
in Valley Ho, said tree clearing began on the 54ha housing
development site in August.

But last Monday, Nov. 5, he was alarmed to see workers in chemical
protective suits wearing gas masks filling a skip with waste
wrapped in heavy black plastic just 50m from his backyard.

He believed an underground watering system for the golf course
used asbestos pipes, and was worried the large earth-moving
equipment digging them up would fracture them and release asbestos
particles.

The site abuts about 320 residential lots, with three schools --
Chirnside Park Primary School, Lilydale West Primary School and
Lilydale Heights Secondary College -- 1km away.

Mr. O'Brien sought an explanation from Yarra Ranges Council but
was told to close his windows and doors if worried.

"These blue-clad respirated men are working 50m from some
residents' back fences. If what they are doing is so dangerous,
why weren't we warned?"

Cloverlea Chirnside Park spokesman Rob Weisz said asbestos was
being safely removed from the underground drainage pipes from the
golf course.

Work was being done in accordance with WorkSafe requirements with
daily air monitoring, Mr. Weisz said.

A year ago Yarra Ranges Council approved plans by developer CSR
Ltd to build at least 550 houses on the former Chirnside Park
Country Club site despite a bitter fight by residents to retain it
as a golf course.

Edited letter from Barry O'Brien:

For many years we, the residents of Chirnside Park, fought an
application by The Chirnside Park Country Club to have the golf
course land rezoned so it could be developed as a housing estate.

This was despite the fact that when the suburb was first opened in
the 1970s as a "golf course estate" the land in question was given
to the residents by the developer as open space so the golf course
could be created.

The land was then signed over by the residents to a newly created
body, which became the Chirnside Park Country Club.

The title of the land was transferred from the residents to the
CPCC and the land became private property.

The golf course was built and for many years residents enjoyed a
wonderfully tranquil, almost rural environment, and the golfers
enjoyed an attractive eighteen hole course.  This was the "park"
in Chirnside Park.

But seven years ago the committee of CPCC, with the aid of the
developer, applied to the council to have the land rezoned
residential.  When the residents of Chirnside Park rose up in
protest the council rejected the proposal.

While the residents were still celebrating the victory, the State
Government overturned the council's decision.  Why or how the
government decided to get involved is a mystery.

The government decided the park could be developed and sent the
matter back to the council with suggestions for a string of
amendments.

The new council voted and allowed the development to proceed.  The
destruction of the park began in August this year and for weeks we
have listened to the ungodly scream of chainsaws and mulchers as
the towering stands of trees come crashing down and are
unceremoniously carted away as garden mulch.

Now it is a barren treeless waste with what appears no
restrictions on the obliteration.

Last week men in blue chemical hazard suits with respirators
appeared among the fallen trees and began using earth-moving
equipment to reveal mysterious objects that had been buried
underneath the fairways.  These men are working 50m from some
residents' back fences.  If what they are doing is so dangerous,
why weren't we warned?

Although residents are appreciative of the council's efforts of
saving baby ring-tailed possums, we have been betrayed from the
very beginning of this sad saga.

The land which we bequeathed to the CPCC was sold from under us.
The State Government torpedoed the democratic rights of the then-
council and eventually the new council and our own elected
representatives turned on us.

We are currently searching for a word that adequately describes
what has been done to us, but in the meantime the word "betrayed"
will suffice.


ASBESTOS UPDATE: Central Bedfordshire Joins Asbestos Safety Plan
----------------------------------------------------------------
Anna Copperwheat at aboutmyarea.co.uk writes that Central
Bedfordshire Council will be taking part in an asbestos safety
project at commercial premises as part of a regional campaign
across Bedfordshire and Hertfordshire.

Asbestos was extensively used as a building material in the UK
from the 1950s through to the mid-1980s.  It was used for a
variety of purposes and was ideal for fireproofing and insulation.
Any building built before the year 2000 can contain asbestos in a
variety of locations including pipe insulation, ceiling and door
panels, boilers and floor tiles.

The problems start when materials containing asbestos are damaged
-- perhaps as a result of building work or an accident -- and
asbestos fibers become airborne.  When asbestos fibers are inhaled
they can cause serious diseases which are responsible for around
4,500 deaths a year.  The most serious of asbestos diseases is
mesothelioma which is always fatal.

The project is being carried out over an 18 month period where
Heath and Safety Officers from the council will be visiting
businesses in the Central Bedfordshire area.

Cllr Spurr, Exec member for Sustainable Communities, Services, at
the council said: "We want to keep our residents and businesses
safe and healthy so this project is really important.  Our
officers will be able to advise businesses of the legal
requirements to identify asbestos and help them ensure they have
measures in place to ensure any asbestos within their buildings is
managed so that it does not present a risk to health."

More information about asbestos can be found at
http://www.hse.gov.uk/

Alternatively you can contact the health and safety team by
telephone on 0300 300 8302 or by e-mail at
healthandsafety@centralbedfordshire.gov.uk  

Anna Copperwheat is Media Officer with the Central Bedfordshire
Council.


ASBESTOS UPDATE: Asbestos Trust, TPG to Sell Armstrong Shares
-------------------------------------------------------------
Tim Mekeel of Lancaster Online reports that the two largest
shareholders of Armstrong World Industries intend to become
slightly smaller shareholders.

Armstrong's asbestos personal injury settlement trust and TPG
Capital said Monday, Nov. 5, that they intend to sell up to 5.98
million common shares.

Based on Monday's closing price of $54.25 a share, the sale would
yield them about $324 million.

It's a good time to sell -- the stock is within $4 of its peak
since Armstrong got out of bankruptcy.

The sale would trim their combined holdings from 63% of Armstrong
stock to 53% -- still a majority of the shares.

Armstrong was pushed into bankruptcy in 2000 by a flood of claims
alleging personal injury from asbestos in products Armstrong once
made.

Armstrong emerged from bankruptcy in 2006 as a new corporation
with a new stock.

In the process of emerging, it formed the trust to pay those
claims.

Armstrong funded the trust in part by giving the trust more than
half of that new stock.

The trust sells some of its shares on occasion to generate cash
for paying claims.

TPG Capital, a private equity firm based in Fort Worth, bought a
stake in Armstrong in 2009, becoming the second biggest
shareholder.

The trust and TPG then agreed to vote their shares together.

According to a February federal filing, the trust holds 30.0
million shares and TPG has 7.0 million.

Together, that's 63% of Armstrong's 58.6 million outstanding
shares.

As announced on Nov. 5, the trust and TPG will sell 5.2 million
shares in a public offering.

The underwriters of the transaction will have an option to buy up
to 780,000 more shares.

Those two moves would cut the trust and TPG's combined holdings to
31.0 million shares, or roughly 53% of Armstrong's common stock.

Lancaster-based Armstrong itself is not selling any shares and
will not receive any proceeds from the offering.


ASBESTOS UPDATE: WA Government Lifts Landfill Levy on Fibro
-----------------------------------------------------------
The Australian Associated Press reports that illegal dumping of
asbestos in Perth should stop after a landfill levy for the
dangerous material is dropped, the West Australian government
says.

The exemption will apply as of January to asbestos sheeting bound
in black plastic, but soil contaminated with asbestos will still
be subject to the levy.

Environment Minister Bill Marmion said on Wednesday, Nov. 7, the
measure was intended to deter illegal dumping.

Despite increased fines, people had continued to dump asbestos
sheeting in bush land and other sites out of the public eye, he
said.

The Waste Authority had advised that the landfill levy could be
acting as a disincentive for people to dispose of asbestos waste
properly, he said.

"This is good news for small business and families, reducing costs
and protecting the health of communities and the environment," Mr.
Marmion said.


ASBESTOS UPDATE: Albany Port Begins Fibro Removal From Facilities
-----------------------------------------------------------------
ABC News reports that the Albany Port Authority says there is only
a minimal risk from demolition works to remove an asbestos-
contaminated facility.

The Austral Fisheries building will be demolished later this month
and is expected to take 14 weeks.

After the demolition, the land will be used as a lay-down area for
ship repairs or to house shipping containers.

The authority's CEO, Brad Williamson, says the work is necessary
to ensure the unoccupied building does not become a major hazard.

He says it is also looking at removing asbestos from the Albany
Port Theatre.

"We just put out tenders for the Albany Port Theatre and we're
just going through that at the moment," he said.

"If we've got the funds we'll deal with that.

"That's a very low risk but we want to deal with that for the same
reasons as the Austral building, it becomes more difficult the
longer you leave it."

He says it is in the process of removing the last of the port
facilities that contain asbestos.

"The approach is to try and move through all the port's asbestos
legacy issues," he said.

"We've got two main remaining ones, this -- the Austral factory --
and the Albany Port Theatre.  We're tackling those as money is
available."


ASBESTOS UPDATE: HSE Slaps GBP15,000 Fine on Cheltenham Contractor
------------------------------------------------------------------
Cheltenham demolition contractor DA Environmental Services has
been fined after exposing its own workers to dangerous asbestos
fibers and illegally removing asbestos waste from a property in
Gloucester.

The Health & Safety Executive (HSE), on Nov. 5, prosecuted DA
Environmental Services Ltd at Cheltenham Magistrates' Court for
three breaches of regulations relating to asbestos removal.

The court heard that the firm had undertaken an asbestos survey
before demolishing the building.  This showed the presence of
asbestos insulating board (AIB).  The report identified that this
would have to be safely removed in a controlled manner before
demolition went ahead.

However, during a six-week period in August and September 2011,
the building was demolished and asbestos boarding removed by
employees, exposing them to potentially significant quantities of
asbestos fibers released during the work.

The company did not hold the necessary license to carry out the
asbestos removal and failed to take adequate steps to prevent both
exposure to and the spread of asbestos fibers generated by the
work.  The HSE's investigation also found the asbestos debris was
not disposed of correctly, potentially extending the risk of
exposure and spread of danger into the waste chain.

DA Environmental Services Ltd of Maida Vale Business Centre,
Leckhampton, Cheltenham, pleaded guilty to breaching Sections 8,
11 and 16 of the Control of Asbestos Regulations 2006.  The
company was fined a total of GBP15,000 and ordered to pay costs of
GBP1,452.

Speaking after the prosecution, HSE inspector Andrew Kingscott
said:  "Where material such as asbestos insulating board is
identified, it should only be removed by a contractor who holds
the necessary license, in a safe manner and with the necessary
control measures.  DA Environmental should have appointed an
appropriately licensed contractor to remove the materials.

"By undertaking the work themselves they unnecessarily exposed
their own workers to the risks associated with significant levels
of airborne asbestos fibers and failed to adequately contain their
spread.

"Unfortunately, those working in the construction industry are
regularly exposed to asbestos materials and the legacy of past
exposures is evident in the high numbers of people in the UK who
are suffering the fatal effects of uncontrolled exposures to
asbestos fibers during their working lives."


ASBESTOS UPDATE: Bad Disposal Wastes AU$2000 at Naracoorte Depot
----------------------------------------------------------------
ABC News reports that the Naracoorte Lucindale Council is
concerned about asbestos being dumped in hard rubbish.

In September, asbestos was placed in the hard rubbish bin at the
Naracoorte Waste Transfer Station, instead of the asbestos pit.

It costs council AU$2,000 to dispose of a ton of asbestos waste
that is mixed with hard waste, compared to just AU$150 if disposed
of in the asbestos pit.

Mayor Erika Vickery is encouraging correct disposal.

"Then it only needs to be handled once instead of double handling,
particularly by our council staff," she said.

"Certainly it is a big cost saving to council and ultimately to
the whole community and if we can keep our costs down, we can
better serve the community."

She says the council may send out information sheets to residents.

"Sometimes people are not aware of what potentially maybe is
asbestos and they were suggesting we put together some information
sheets about where asbestos could potentially be found," she said.

"It's all to do with making people more aware and really making
them aware that there's a danger to them if they're not handling
it, asbestos, correctly."


ASBESTOS UPDATE: Cleanup at Fremantle Police Post Relocates Force
-----------------------------------------------------------------
The Australian Associated Press reports that asbestos found in the
roof at one of Perth's major police stations has forced officers
to relocate.

Staff at the Fremantle Police Complex are moving to leased
accommodation after proposed works to replace the air conditioning
plant at the station identified asbestos in the roof structures.

While the asbestos does not pose an existing problem, staff cannot
remain there during the removal process.

Commissioner Karl O'Callaghan said parts of the Fremantle Police
Station were built in 1897 and heritage listing had prevented any
major structural improvements to bring the facility up to modern
standards.

He said the relocation was unavoidable but there would be no
interruption to police services in the south metropolitan police
district.

General duties officers and detectives will remain in the
Fremantle CBD at leased premises in High Street and prosecuting
officers will be located at the Queensgate Centre in William
Street.

Forensic and traffic officers will move to nearby Bibra Lake and
the South Metropolitan District Crime Team will investigate volume
crime from Myaree.


ASBESTOS UPDATE: High Royds Mental Patient Dies of Mesothelioma
---------------------------------------------------------------
Suzanne McTaggart of The Yorkshire Evening Post reports that a
schizophrenic man died from mesothelioma after inhaling asbestos
during a 27-year stay at High Royds Hospital in Leeds, his family
claims.

John Gogan, from Meanwood, passed away from the form of lung
cancer in July, having spent almost three decades as a patient at
High Royds.

His family, including his sister Betty Hutchinson, are now
planning to file a claim to Leeds and York Partership NHS
Foundation Trust in a bid to seek justice over his death.

John Gogan, who was 61 when he died, was diagnosed with
schizophrenia aged 19 and sectioned under the Mental Health Act
two years later, staying at High Royds in Menston from 1971 until
1996.

He left after the planned closure of the hospital was announced
and moved to Burley House Nursing Home, where he lived until three
weeks before his death on July 6.

He was diagnosed with mesothelioma in February and passed away at
Ghyll Royd Nursing Home in Guiseley.

Mrs. Hutchinson said: "I thought mesothelioma was an illness only
plumbers and workmen were likely to get, not someone who had spent
his life in a psychiatric hospital.

"From what I'd read, it seemed to take a very long time to develop
mesothelioma after being exposed to asbestos.

"We started looking at the dates and it looked like the only time
he could possibly have been exposed was when he was a patient at
High Royds."

Mrs. Hutchinson is being represented by Lesley Mynett --
lesley.mynett@fentons.co.uk -- a specialist industrial disease
lawyer at Fentons Solicitors.

The firm is now looking to speak to people who might have worked
at or visited the hospital between 1969 and 1996.

Miss Mynett said: "Mr. Gogan was at High Royds for 27 years and he
was regularly assigned 'work' within the grounds.

"Unfortunately we don't know what that work entailed or where it
was carried out, and we need people to come forward to help us
shed some light.

"Mr. Gogan was kept in a state institution for his own safety and
wellbeing, but we believe that he was exposed to the asbestos that
led to his premature and painful death."

High Royds Hospital opened in 1888 as the West Riding Pauper
Lunatic Asylum and closed in 2003.  The site has since been
developed into houses and flats and re-named Chevin Park.

A spokeswoman for Leeds and York Partnerships NHS Foundation Trust
said: "The trust has not yet been contacted regarding this claim.
Upon receiving a claim, we will endeavor to help in any way we
can.

"From 1997, High Royds had asbestos surveys undertaken and
asbestos removal was actioned by the Regional Health Authority who
owned the site."  Asbestos is and was prevalent in many old
buildings, usually asbestos is in pipes and as lagging in ducts,
this was the case at High Royds.  Patients would not have needed
access to these service areas.

"The trust received a claim in 2005.  The claim was reported to
the NHS Litigation Authority, however, was not pursued by the
claimant's solicitors."

Anyone who might be able to help with the case should call Lesley
Mynett on 0844-854-3095.


ASBESTOS UPDATE: American Financial Group Increases Reserve
-----------------------------------------------------------
American Financial Group, Inc., reported net earnings attributable
to shareholders of $226 million ($2.39 per share) for the 2012
third quarter, compared to $97 million ($0.95 per share) for the
2011 third quarter.  The 2012 third quarter results include $148
million ($1.57 per share) in after-tax non-core earnings,
primarily the result of a $101 million after-tax gain on the sale
of the Company's supplemental insurance businesses, realized gains
on securities and the results of AFG's tax case resolution, which
were offset somewhat by a reserve strengthening related to the
Company's asbestos and other environmental exposures.  Book value
per share, excluding appropriated retained earnings and unrealized
gains (losses) on fixed maturities, increased by $1.98 to $42.72
per share during the quarter.  Net earnings attributable to
shareholders for the 2012 nine month period were $438 million
($4.50 per share), compared with $233 million ($2.23 per share) in
the comparable 2011 period.

Management has conducted comprehensive studies of its asbestos and
environmental reserves with the aid of outside actuarial and
engineering firms and specialty outside counsel every two years
with an in-depth internal review during the intervening years.
During the third quarter, AFG completed an internal review of its
asbestos and environmental exposures relating to the run-off
operations of its P&C group and its exposures related to former
railroad and manufacturing operations and sites.  This year's
internal review resulted in an after-tax charge of $21 million to
increase A&E reserves.  The charge relates primarily to an
increase in environmental investigative costs and related loss
adjustment expenses in certain environmental and asbestos files.
There were no newly identified issues that management believes
would significantly impact the overall adequacy of AFG's A&E
reserves.

At September 30, 2012, AFG's three year survival ratio for
property and casualty exposures was 16.4 times paid losses for
asbestos reserves and 10.7 times paid losses for total A&E
reserves.  These ratios compare favorably with industry data
published by Conning Research and Consulting, Inc. in June 2012,
which indicate that industry A&E survival ratios were 10.1 for
asbestos reserves and 9.0 for total A&E reserves at December 31,
2011.  Excluding amounts associated with the settlements of two
large asbestos claims, AFG's three year survival ratio was 9.9 and
7.3 times paid losses for the asbestos reserves and total A&E
reserves, respectively.

                About American Financial Group, Inc.

American Financial Group is an insurance holding company based in
Cincinnati, Ohio with assets in excess of $35 billion.  Through
the operations of Great American Insurance Group, AFG is engaged
primarily in property and casualty insurance, focusing on
specialized commercial products for businesses, and in the sale of
traditional fixed and fixed-indexed annuities in the education,
bank and individual markets.  Great American Insurance Group's
roots go back to 1872 with the founding of its flagship company,
Great American Insurance Company.


ASBESTOS UPDATE: Routine Airborne Fibro Monitor in Schools Urged
----------------------------------------------------------------
BBC News Wales reports that growing concern about asbestos levels
in schools has led to calls for routine testing for airborne
fibers in classrooms in Wales.

A BBC Wales investigation has found there is no acceptable safe
limit for exposure to asbestos dust in schools.

Campaigners have said airborne testing must be introduced.

The Health and Safety Executive (HSE) says if asbestos is in a
good condition and undisturbed it should not be a risk.

BBC Wales' Week In Week Out program carried out a survey of local
authorities and found 1,514 schools in Wales -- approximately 85%
of the total -- are said to contain asbestos.

That is 10% higher than schools in England.

Asbestos can cause a type of lung cancer known as mesothelioma,
which can take up to 30 years to develop.

Earlier this month, 900 pupils were moved out of Cwmcarn High
School, in Caerphilly county, when contractors found asbestos dust
in the air.

The risk to pupils is said to have been low, but most of the
school buildings have been closed and teaching is to be
temporarily transferred to Ebbw Vale College at a cost of GBP1.5m.

Nicola Young, who has two daughters at the school, said they first
heard about the asbestos in September.

"We knew there was asbestos in the school but we didn't think it
was harmful and that the children would be affected in any way,"
she said.

She still has concerns about her daughters' long-term health but
said there is no immediate test that can be carried out.

Education Minister Leighton Andrews has demanded that all schools
deliver reports on their asbestos levels.

He declined to share the information with Week In Week Out and
said he was evaluating the results before deciding how to proceed.

Robin Howie, an independent asbestos consultant and former
government adviser, says that current monitoring of asbestos does
not go far enough.

Mr. Howie, who believes all schools should undergo air testing,
has examined the Cwmcarn situation where brown asbestos fibers
were detected in parts of the school.

He said: "The local council says the fiber levels were between
0.003 and 0.008 fibers per milliliter.

"From those fiber levels we can look at the risks of those levels
to 11 year olds over 5 years of developing mesothelioma.

"The acceptable level of risk as defined by HSE is 1 per million
per year that means the risk levels in the school from school's
own figures is between 20 and 50 higher than the level of
acceptable risk."

Rex Phillips, the Wales organizer for the National Association of
Schoolmasters and Union of Women Teachers (NASUWT), said
monitoring for asbestos dust in schools needed to improve and air
tests should be routine.

"Clearly now the challenge for the minister is to decide what test
he's going to use to determine whether the teaching environment is
safe.  That is what the Cwmcarn situation has done," Mr. Phillips
said.

"They have raised the bar in this now and highlighted a problem
which is in our schools and clearly the minister has to decide
what the safe level going to be."

The official advice from the HSE is that if asbestos is in good
condition and it is not disturbed, it should not pose a
significant health risk.

The HSE and Public Health Wales told the program that while there
were occupational limits for exposure to workers, there were no
accepted safe levels in schools.

They also said that routine air testing for asbestos is not
carried out.


ASBESTOS UPDATE: Phase I Test Shows Contaminants at J. Palmer Bldg
------------------------------------------------------------------
The Tryon Daily Bulletin reports that the Town of Tryon plans to
ask Polk County commissioners to do a phase II study of the Jervey
Palmer building after a phase I study flagged lead paint and
asbestos as issues.

Tryon Town Council met on Oct. 16 and agreed to ask the county to
pay for the phase II study in order for the town to take ownership
of the building.  The county has asked Tryon to take the building
that is now abandoned after formerly housing county offices.

The building, located on Carolina Drive in Tryon, originally
housed St. Luke's Hospital and was constructed in the 1920s.

Tryon Mayor Alan Peoples said the phase I concluded there is lead
paint and asbestos in the building.  It was also discovered that
there are oil and/or gas tanks but it is not yet known where they
are located.

Peoples said there is an interested person who wants to trade the
town for the building.  Council agreed the town does not want to
pay for the phase II study.

"If the county will pay for a phase II it would be a win-win,"
said Tryon commissioner Doug Arbogast.

Peoples agreed saying the town and the county could get the
building back on the tax rolls and the town could get a building
for its maintenance facility out of the trade.

The county abandoned the Jervey Palmer building last year after
its department of social services (DSS) relocated to a new
building in Mill Spring.  The county had used the Jervey Palmer
building since the early 1970s after the new St. Luke's Hospital
was constructed in Columbus.

The Jervey Palmer building at one time housed DSS and mental
health services, veteran's services and the Meeting Place Senior
Center.

The senior center and veteran's services are now located off
Skyuka Road in Columbus after the county purchased the former
Carolina Classical School.

Mental health services are located in a house the county purchased
on White Drive in Columbus adjacent to Thermal Belt Outreach
Ministry.

The county decided this year that the best use of the Jervey
Palmer building would be to donate it to Tryon, since its located
and zoned within town limits.

The county hired Altamont Engineering for $2,400 to conduct the
phase I study.  Altamont has not given an estimate yet on what a
phase II study would cost, but told the county in August phase II
costs are generally between $5,000 and $15,000 depending on what
issues are found.


ASBESTOS UPDATE: Butte Hall Test Results Negative of Toxic Fibro
----------------------------------------------------------------
Pedro Quintana of The Orion reports that 15 dust samples collected
in various locations inside Butte Hall were tested for asbestos,
but none of them showed presence of the material.

The university followed up on a request from employees who work in
the building to test for hazardous asbestos, wrote Joe Wills,
director of public affairs and publications for Chico State, in an
email to The Orion.  The samples were analyzed by a nationally
accredited lab in the Bay Area.

The samples were collected on the third, fifth, sixth and seventh
floors of Butte Hall, wrote Marvin Pratt, the director of
environmental health and safety at Chico State, in a email to
Gayle Hutchinson, dean of the College of Behavioral and Social
Sciences, obtained by The Orion.

The tests found cotton and cellulose fibers, but no asbestos, he
said.  The major non-fibrous components were skin cells.

Mark Stemen, a professor of geography who posted signs outside
Butte Hall warning passers-by of the perceived dangers, still
believes the building is unsafe because of its asbestos spray
fireproofing, he said.

The California Division of Occupational Safety and Health received
a complaint about the possible hazard, said Patricia Ortiz, a
representative for the safety organization.

A Cal-OSHA representative visited Chico State Oct. 22 and took a
tour of Butte Hall with Pratt, Wills said.

Hutchinson notified her college's faculty about the ongoing
investigation in an email.

The environmental health and safety department at Chico State
serves as a liaison and provides Cal-OSHA with an investigator who
has access to documents and facilities for examination, Hutchinson
said.

Once the department provides the proper documents and information
to Cal-OSHA, the university expects the investigator to revisit
the campus to verify certain aspects of the documents, programs
and test results and to interview a number of employees,
Hutchinson said.

Cal-OSHA has six months from the day the complaint was filed to
complete the investigation, Ortiz said.

Stemen believes Butte Hall will remain unsafe until its asbestos
spray fireproofing is removed, he said.  Until then, the building
will need continuous monitoring and frequent testing to remain
usable for students and faculty.

The university has reiterated that the building is safe for the
campus community to use many times since faculty members called
its safety into question in September.

After Stemen put up signs on Oct. 15 warning passers-by of the
potential dangers, the university sent out an email to emphasize
the building's safety.


ASBESTOS UPDATE: Unite, Thompsons Set Up Fibro Victims Database
---------------------------------------------------------------
thisisstaffordshire.co.uk reports that dozens of people every year
are receiving the devastating news that they have contracted a
fatal disease brought on by asbestos dust which was common in many
workplaces.

But a union hopes claiming compensation will be made easier for
victims and their families by a new database recording the details
of workers, companies and their insurers involved in cases of
asbestos exposure in the past.

Unite has been working with Thompsons Solicitors on the archive.

Thompsons, based in Hanley, says it successfully pursues about 70
claims for compensation every year against former employers of
ex-miners, potters and railway workers.

Many clients have been diagnosed with mesothelioma, a type of
cancer affecting the lungs and sometimes the abdomen.

Ken Woolley, of Unite retired members branch, whose former members
worked at British Rail and Rolls-Royce in Crewe, said:
"Mesothelioma is the greatest single cause of work-related death
in the UK and a damning indictment of previous corporate
negligence.

"The death toll and personal tragedy in Stoke-on-Trent,
Staffordshire and Cheshire has been devastating.  It has affected
countless victims and their families.

"It is a depressing reality that the death toll is not going to
abate before many lives have been lost.  It is an industrial
disease caused by failure on the part of employers to adequately
protect their workers.

"There will also be many wives and children who have contracted
the disease from inhaling dust from contaminated work clothes."

The latest information from the Health and Safety Executive shows
the number of mesothelioma deaths in the country has increased
from 153 in 1968 to 2,321 in 2009.  More than 80% of deaths were
among men.

Unite regional officer Neil Salter said it set up the database as
it is often difficult to trace a response from employers and their
insurers.  It details the places and circumstances of the
exposure.

"It is critical that we have available a computerized database
which has recorded asbestos exposure in the past so this
information can help in the future with the legal fight for
justice," said Mr. Salter.  "This includes details of all current
and former members of T&G, Amicus and AEEU who have been exposed
to asbestos."

Thompsons is appealing for information on behalf of two
mesothelioma victims pursuing a possible claim against their ex-
employers.

Janet Finney, branch manager of Thompsons' Hanley office, said one
victim worked for Chatterley Whitfield as an electrician for the
National Coal Board, the other in the plate shop of Empire
Porcelain in Shelton.

"We need to build up an accurate and detailed account of the
victims' working environment," she said.

"We would like to speak to anyone who remembers working at
Chatterley Whitfield pit or Empire Porcelain."

Thompsons says cases of mesothelioma have increased dramatically
over the past few years, due to the length of time it can take for
symptoms to show.

Mrs. Finney said: "People have three years to make a claim for
compensation from the point of diagnosis.  Most of these men and
women worked in industry and would be trade union members.  Their
trade union will support them at no cost.

"In most cases we claim compensation from the insurers for an
employer or past employer.  Even if an employer no longer exists,
it may be possible to pursue a claim by tracing a defunct
employer's insurer.

"In cases where we are unable to locate the employer's insurers,
we may still be able to claim a lump sum from the Government."
The onset of asbestos-related disease can occur 40 or 50 years
after exposure, which has meant the number of deaths has gone up
every year.

Stoke-on-Trent Central MP Tristram Hunt said: "It's a legacy of
our industrial heritage which has affected health and life
expectancy in our area.  It is a really cruel and unpleasant
killer."

Anyone who has been exposed to asbestos and wishes to register
their details on the database -- or who can provide information
about working conditions at Chatterley Whitfield or Empire
Porcelain -- is asked to call Stephanie Whitehouse on 01782
406263.


ASBESTOS UPDATE: BT Worker's Death Recorded as Industrial Disease
-----------------------------------------------------------------
thisissomerset.co.uk reports that a man's exposure to asbestos
dust during his time working for British Telecom in Bristol
contributed to his death, an inquest heard.

John Phelan, 75, a retired technician, inhaled asbestos while
working as a labourer at BT's central exchange in Queen Charlotte
Street.

An inquest into his death at Flax Bourton Coroner's Court heard
Mr. Phelan, of Weston-super-Mare, died at Weston Hospice on
Jan. 28.

Mr. Phelan had been diagnosed with malignant mesothelioma, a form
of asbestos-related cancer.

In March 2011, Mr. Phelan made a statement about his contact with
asbestos during his work with BT, a company he served in the late
1980s and 1990s.  He described his role as a "general laborer and
dogsbody", and said he worked at the Queen Charlotte exchange in
the city centre as well as in other satellite exchanges.

Mr. Phelan said he was responsible for passing cables through
small gaps in the ceilings, which led to asbestos fibers being
dislodged and inhaled by workers.

In the statement read out at the inquest, he said BT had conducted
a survey of the exchange and found that there had been hazardous
materials in it while he was an employee there.

A statement from Colin Price, who also worked at the exchange,
said cables were fed through the floors of the building and any
gaps were sealed with bags containing asbestos.  Mr. Price said
that the bags became damaged and when they were moved caused
asbestos to be "dispersed into the atmosphere."

Pathologist Richard Daly said Mr. Phelan's right lung was covered
by a tumor.  He concluded the London-born technician died as a
result of malignant mesothelioma and pneumonia.

Avon coroner Maria Voisin recorded a verdict of industrial
disease.


ASBESTOS UPDATE: Toxic Threat Eyed After Superstorm Sandy
---------------------------------------------------------
Tim Povtak of The Mesothelioma Center reports that Superstorm
Sandy will be leaving behind more than the obvious death,
destruction and darkness that it leveled on millions of Americans.
It will leave behind more subtle dangers, too.

When the cleanup begins, another threat remains.

The risk of asbestos exposure has increased significantly in the
wake of Sandy.

It happened in 2001 when the World Trade Center in New York
crumbled from a terrorist attack.  It happened in 2005 when
Hurricane Katrina leveled a good portion of New Orleans.  It
happened in 2011 when tornadoes tore through Tuscaloosa, Ala.,
leaving so much devastation behind.

Asbestos was used so liberally in the construction of America in
the 20th century that most major destruction today brings dangers
in the debris.

The inhalation or ingestion of microscopic asbestos fibers can
lead to a variety of respiratory issues, including mesothelioma
cancer.  Asbestos is a naturally occurring mineral that once was
coveted for its ability to fireproof, soundproof and insulate.

It's in the pipes, the floors, the roofs and everything in
between.  When properly encapsulated, asbestos poses little
danger.  When disturbed and disrupted -- which happens during this
kind of disaster -- it becomes airborne and potentially lethal.

An estimated 3,000 Americans are diagnosed each year with
mesothelioma, but approximately 10,000 die each year from an
asbestos-related disease.  Because the latency period between
exposure and diagnosis can be so long (10 to 50 years), it takes
decades before the full force of these disasters can be measured.

When the floods recede and the lights return after Sandy, and the
calculation of damages bring untold tales of woe, asbestos will
become the silent peril in the aftermath of the storm that wreaked
havoc on the Eastern Seaboard.

According to the Associated Press, 38 Americans already have died
and more than 8.2 million were without power after the much-
anticipated storm roared ashore in New Jersey with sustained winds
of 80 mph.  Sandy was responsible for an estimated 70 deaths in
the Caribbean before it headed North.

A half dozen row houses in Baltimore collapsed from the weight of
the wind and rain, sending dangerous debris into the street.
Close to 100 homes in the Breezy Point section of Queens, New
York, caught fire in the flood, where residents had to be rescued
by boat.

A construction crane atop a luxury high-rise in Manhattan
collapsed.  Thousands were evacuated nearby, where an
unprecedented storm surge of seawater gushed into Manhattan,
flooding tunnels, subway stations and the electrical system that
powers the most vibrant city in America.

The chairman of New York's Metropolitan Transportation Authority
said that Sandy caused the worst damage in the 108-year history of
the extensive subway system.

At least one New York City hospital was evacuated when emergency
generators failed.  Trading at the New York Stock Exchange was
canceled, the first time since 1888 that weather caused the
suspension of operations for two consecutive days.

"It was a devastating storm, maybe the worst that we have ever
experienced," said New York Mayor Michael Bloomberg after
surveying the damage.

In some neighborhoods with flooded streets, cars were scattered
like leaves in the wind. Most bridges around the city were closed.

Airlines cancelled close to 15,000 flights in the previous three
days.  Problems were reported at two nuclear power plants on the
New York/New Jersey coast.  A good portion of Atlantic City's
world-famous Boardwalk collapsed from the power of the storm.

The city of Hoboken, which is across the Hudson River from
Manhattan, was flooded.  Jersey City was closed to all automobile
traffic.  In the small town of Moonachie, residents in a trailer
park were evacuated just before their neighborhood was flooded.

"The devastation on the Jersey Shore is some of the worst we've
ever seen," New Jersey governor Chris Christie said.  "The cost of
the storm is incalculable at this point."

Although disaster relief already is arriving, and the areas
eventually will recover, it will take months for all the damage to
be repaired and years before everything is made right again.
Asbestos particles surely will be airborne in the meantime.

As a startling reminder of what happened before and how long
recovery can take, water flooded into the gaping, unfinished
construction pit where the World Trade Center once sat.  An
estimated 400 tons of asbestos was used in its original
construction, and much of it scattered upon its collapse.

No one knows how much asbestos was disturbed in the wide path of
Sandy, but it leaves a reminder that the coast is not clear, even
as the winds and the rain begin to slow.


                           *********

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

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