CAR_Public/121214.mbx             C L A S S   A C T I O N   R E P O R T E R

          Friday, December 14, 2012, Vol. 14, No. 248

                             Headlines

ALLIANCE ONE: Hearings in Class Suit vs. Brazilian Unit Continue
AMEDISYS INC: Defends Wage and Hour Class Suit in Connecticut
AMEDISYS INC: Faces Wage and Hour Class Action Suit in Illinois
AMERICAN SUPERCONDUCTOR: Consolidated Securities Suit Pending
ANADIGICS INC: 3rd Cir. Affirms Dismissal of Securities Suit

BANK OF AMERICA: Judge Refuses to Dismiss MBS Class Action
CANADIAN TELCOS: Consumers Seek C$18-Bil. in Access Fee Claims
CELESTICA INC: Likely to Appeal Class Action Limitation Period
CIBER INC: Bid to Dismiss "Weston" Class Suit Remains Pending
CITIGROUP INC: Awaits Approval of Interchange Fee Suit Settlement

CREDIT SUISSE: Settles Mortgage Bond Class Action for $11.25 Bil.
FRESHWAY FOODS: Recalls 6,671 Pounds of Out-of Date Sliced Apples
FU SAN MACHINERY: Recalls 163T Low Lead Ball/Shut-Off Gas Valves
GENERAL MILLS: Seeks Dismissal of Nature Valley Granola Class Suit
HEALTH NET: Defend Suits Over Hard Disk Drive Loss in California

IMPERIAL TOBACCO: Jeffrey Wigand Testifies in Tobacco Class Action
KFORCE INC: Appeal From Calif. Suit Settlement Remains Pending
LOS ANGELES RECORDING: Sued in Calif. for Defrauding Students
MISTER SNACKS: Recalls 161 Cases of Sunbird Snacks Yogurt Raisins
MORGAN STANLEY: Claims in "Abu Dhabi" Suit Remains Pending

MORTGAGE GUARANTY: Suit Settlement Payments May Reach $500,0000
PACIFIC BIOSCIENCES: Rigrodsky & Long Files Class Action
PFIZER: Faces Class Action Over Alleged Monopoly of Viagra Market
SIMPSON MANUFACTURING: "Nishimura" Suit Remains Pending in Hawaii
SOUTHWEST AIRLINES: Accused of Violating Credit Transaction Act

ST. JUDE MEDICAL: Labaton Sucharow Files Class Action in Minn.
STERLING FINANCIAL: Awaits Order on Securities Suit Dismissal Bid
STERLING FINANCIAL: Awaits Ruling on Bid to Dismiss ERISA Suit
TOYOTA MOTOR: Faces Class Action Over Excessive License Fees
TPG CAPITAL: Faces $9-Mil. Overtime Class Action in California

US AIRWAYS: Pilots Lose Class Certification Bid in Pension Suit
WELLPOINT INC: Wins Summary Judgment in Insurance Class Action
WELLS FARGO: Faces Class Action Over Pick-a-Payment Portfolio
WING ENTERPRISES: Recalls 20,000 Switch-it Stepladder/Stepstools
WOLFGANG PUCK: Workers File Overtime Class Action

                         Asbestos Litigation

ASBESTOS UPDATE: R.I. Court Grants College's Summary Judgment Bid
ASBESTOS UPDATE: Ohio Court Junks Inmate's Exposure Suit
ASBESTOS UPDATE: TIG Insurance's Bid for Summary Judgment Granted
ASBESTOS UPDATE: Suit v. Abex Corp., et al. Stays in Rhode Island
ASBESTOS UPDATE: NY Ct. Junks Tishman's Bid to Dismiss Suit

ASBESTOS UPDATE: Boeing, et al., Get $20,000 in Attorneys' Fees
ASBESTOS UPDATE: Crane Co.'s Bid to Dismiss Ex-Navy's Suit Junked
ASBESTOS UPDATE: Foster Wheeler's Bid for Protective Order Denied
ASBESTOS UPDATE: Pa. Court Grants New Trial for John Crane Inc.
ASBESTOS UPDATE: Packard Plant Abatement May Take 1 Year and $10MM

ASBESTOS UPDATE: NY Tenants Spent $20MM on False Fibro Alarm
ASBESTOS UPDATE: Fighting in Southern Israel Releases Carcinogens
ASBESTOS UPDATE: Hills, Hornsby Councils Support New Fibro Policy
ASBESTOS UPDATE: Geely Voluntarily Recalls MK Units in Australia
ASBESTOS UPDATE: GARDS Members, Supporters Meet at The Rose Garden

ASBESTOS UPDATE: Fibro Pushes Medway Project Completion to March
ASBESTOS UPDATE: Old Delphi Plants Abatement Eyed in Mid January
ASBESTOS UPDATE: Norfolk Island Hopes to Ship Out 60 Tons of Fibro
ASBESTOS UPDATE: Shelby School Head Stresses Montevallo Is Safe
ASBESTOS UPDATE: India OKs Asbestos Onboard Aircraft

ASBESTOS UPDATE: Ohio Senate Panel Passes Anti-Double-Dipping Bill
ASBESTOS UPDATE: Failed Kensington Project Inspector Pleads Guilty
ASBESTOS UPDATE: Fibro Warnings Around UNT Project Jolt Students
ASBESTOS UPDATE: Bags of Fibro Found Under North Manitoba School
ASBESTOS UPDATE: Fibro Found In Vintage Steam Engine Contained

ASBESTOS UPDATE: NDP Slams Conservatives' Support on Chrysotile
ASBESTOS UPDATE: Japan Must Pay JPY1.06 Billion to ARD Victims
ASBESTOS UPDATE: Cleanup of Sydney's Power Substations Begins
ASBESTOS UPDATE: Oak Ridge Federal Building Cleanup In January
ASBESTOS UPDATE: CCS Pushes for Public Registry to Be Mandatory

ASBESTOS UPDATE: School Governors Take Over Cwmcarn High School
ASBESTOS UPDATE: Anti-Double-Dipping Bill Clears Ohio Senate
ASBESTOS UPDATE: Ambler Project to Examine Impact of Fibro
ASBESTOS UPDATE: Non-Friable Fibro Found In Glenunga Playground
ASBESTOS UPDATE: Fibro Find at Cayon High School Relocates Classes

ASBESTOS UPDATE: Liberty Mutual Objects to NewPage's Exit Plan
ASBESTOS UPDATE: Council Assures Safety at Vaughan Primary School
ASBESTOS UPDATE: Mansfield Meso Sufferer Calling Out Former Peers
ASBESTOS UPDATE: Middleton Grange Center Shop Closes for Abatement
ASBESTOS UPDATE: ADRI's "Betty" Visits Blacktown on Awareness Week

ASBESTOS UPDATE: Suit v. Georgia Pacific, et al Proceeds to Trial
ASBESTOS UPDATE: Altnagelvin Hospital Project Gets GBP1 Million
ASBESTOS UPDATE: Tests Find Mold, Fibro at PS114Q in Belle Harbor
ASBESTOS UPDATE: Valley High School Abatement Project Initiated
ASBESTOS UPDATE: Toxic Dumper at Councilor's Home Remains Unnamed

ASBESTOS UPDATE: Fibro Forces Layoff, Closure of Auction Firm
ASBESTOS UPDATE: Fibro in Wakefield Theatre to be Abated January
ASBESTOS UPDATE: Consett Site's Contaminated Land Risk Assessed
ASBESTOS UPDATE: Ohio Senator Contests Substitute House Bill 380
ASBESTOS UPDATE: HSENI Organizes Free Training for Local Tradesmen

ASBESTOS UPDATE: Shelby Officials Parents Montevallo Is Safe
ASBESTOS UPDATE: Pfizer Asks SC to Bar Bankruptcy-Related Suits
ASBESTOS UPDATE: State Probe Finds Hotel Angelina "Compliant"
ASBESTOS UPDATE: Fanfare Lot Appraised at $77K, Sells for $2.75M
ASBESTOS UPDATE: Dale Farm Traveller Site Declared As "No Go Zone"

                          *********




ALLIANCE ONE: Hearings in Class Suit vs. Brazilian Unit Continue
----------------------------------------------------------------
Hearings with respect to the remaining claims in the class action
lawsuit pending in Brazil is continuing, according to Alliance One
International, Inc.'s November 6, 2012, Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarter ended
September 30, 2012.

On June 6, 2008, the Company's Brazilian subsidiary and a number
of other tobacco processors were notified of a class action
initiated by the ALPAG - Associacao Lourenciana de Pequenos
Agricultrores ("Association of Small Farmers of Sao Lourenco").
The case is currently before the 2nd civil court of Sao Lourenco
do Sul.  On April 20, 2012, the Company's motion to dismiss the
class action was granted in part and denied in part.

Hearings with respect to the remaining claims, which relate to
practices regarding the weighing and grading of tobacco, commenced
on June 27, 2012, and are continuing.  The Company believes the
remaining claims in the action to be without merit and is
vigorously defending the action.  Due to the broad scope of the
pleading, the ultimate exposure if an unfavorable outcome is
received is not estimable.

Headquartered in Raleigh, North Carolina, Alliance One
International Inc. -- http://aointl.com/-- is an independent leaf
tobacco merchant.  It provides worldwide service to the large
cigarette manufacturers.  It purchases tobacco in more than 45
countries and serves manufacturers of cigarettes and other
consumer tobacco products in over 90 countries.  The Company's
revenues are primarily comprised of sales of processed tobacco and
fees charged for related services to manufacturers of consumer
tobacco products around the world.

AMEDISYS INC: Defends Wage and Hour Class Suit in Connecticut
-------------------------------------------------------------
Amedisys, Inc. is defending a wage and hour class action lawsuit
in Connecticut, according to the Company's November 6, 2012, Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended September 30, 2012.

On July 25, 2012, a putative collective and class action complaint
was filed in the United States District Court for the District of
Connecticut against the Company in which three former employees
allege wage and hour law violations.  The former employees claim
they were paid on both a per-visit and an hourly basis, thereby
misclassifying them as exempt employees and entitling them to
overtime pay.  The plaintiffs allege violations of Federal and
state law and seek damages under the Fair Labor Standards Act
("FLSA"), as well as under the Pennsylvania Minimum Wage Act.
Plaintiffs seek class certification of similar employees and seek
attorneys' fees, back wages and liquidated damages going back
three years under the FLSA and three years under the Pennsylvania
statute.

The Company says it is unable to assess the probable outcome or
reasonably estimate the potential liability, if any, arising from
the SEC investigation, the U.S. Department of Justice Civil
Investigative Demands ("CIDs"), the Stark Law matter the Company
has disclosed to The Centers for Medicare and Medicaid Services
("CMS"), the Office of Counsel to the Inspector General of the
United States Department of Health and Human Services (the "OIG")
Self-Disclosure issue and the securities, shareholder derivative,
ERISA and wage and hour litigation given the preliminary stage of
these matters.  The Company intends to continue to vigorously
defend itself in the securities, shareholder derivative, ERISA and
wage and hour litigation matters.  No assurances can be given as
to the timing or outcome of the SEC investigation, the U.S.
Department of Justice CIDs, the Stark Law matter the Company has
disclosed to CMS, the OIG Self-Disclosure issue or the securities,
shareholder derivative, ERISA and wage and hour litigation matters
or the impact of any of the inquiry, investigation or litigation
matters on the Company, its consolidated financial condition,
results of operations or cash flows, which could be material,
individually or in the aggregate.

The Company recognizes that additional putative securities class
action complaints and other litigation could be filed, and that
other investigations and actions could be commenced, relating to
matters involving the Company's home therapy visits and therapy
utilization trends or other matters.

Amedisys, Inc. -- http://www.amedisys.com/-- is one of America's
leading home health and hospice companies.  The Company is
headquartered in Baton Rouge, Louisiana.


AMEDISYS INC: Faces Wage and Hour Class Action Suit in Illinois
---------------------------------------------------------------
Amedisys, Inc. is facing a wage and hour class action lawsuit in
Illinois, according to the Company's November 6, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended September 30, 2012.

On September 13, 2012, a putative collective and class action
complaint was filed in the United States District Court for the
Northern District of Illinois against the Company in which a
former employee alleges wage and hour law violations.  The former
employee claims she was paid on both a per-visit and an hourly
basis, thereby misclassifying her as an exempt employee and
entitling her to overtime pay.  The plaintiff alleges violations
of Federal and state law and seeks damages under the Fair Labor
Standards Act ("FLSA") and the Illinois Minimum Wage Law.
Plaintiff seeks class certification of similar employees who were
or are employed in Illinois and seeks attorneys' fees, back wages
and liquidated damages going back three years under the FLSA and
three years under the Illinois statute.

The Company says it is unable to assess the probable outcome or
reasonably estimate the potential liability, if any, arising from
the SEC investigation, the U.S. Department of Justice Civil
Investigative Demands ("CIDs"), the Stark Law matter the Company
has disclosed to The Centers for Medicare and Medicaid Services
("CMS"), the Office of Counsel to the Inspector General of the
United States Department of Health and Human Services (the "OIG")
Self-Disclosure issue and the securities, shareholder derivative,
ERISA and wage and hour litigation given the preliminary stage of
these matters.  The Company intends to continue to vigorously
defend itself in the securities, shareholder derivative, ERISA and
wage and hour litigation matters.  No assurances can be given as
to the timing or outcome of the SEC investigation, the U.S.
Department of Justice CIDs, the Stark Law matter the Company has
disclosed to CMS, the OIG Self-Disclosure issue or the securities,
shareholder derivative, ERISA and wage and hour litigation matters
or the impact of any of the inquiry, investigation or litigation
matters on the Company, its consolidated financial condition,
results of operations or cash flows, which could be material,
individually or in the aggregate.

The Company recognizes that additional putative securities class
action complaints and other litigation could be filed, and that
other investigations and actions could be commenced, relating to
matters involving the Company's home therapy visits and therapy
utilization trends or other matters.

Amedisys, Inc. -- http://www.amedisys.com/-- is one of America's
leading home health and hospice companies.  The Company is
headquartered in Baton Rouge, Louisiana.


AMERICAN SUPERCONDUCTOR: Consolidated Securities Suit Pending
-------------------------------------------------------------
A consolidated securities class action lawsuit arising from
American Superconductor Corporation's securities offering remains
pending, according to the Company's November 6, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended September 30, 2012.

Between April 6, 2011, and May 12, 2011, seven putative securities
class action complaints were filed against the Company and two of
its officers in the United States District Court for the District
of Massachusetts; one complaint additionally asserted claims
against the underwriters who participated in the Company's
November 12, 2010 securities offering.  On June 7, 2011, the
United States District Court for the District of Massachusetts
consolidated these actions under the caption Lenartz v. American
Superconductor Corporation, et al., Docket No. 1:11-cv-10582-WGY.
On August 31, 2011, Lead Plaintiff, the Plumbers and Pipefitters
National Pension Fund, filed a consolidated amended complaint
against the Company, its officers and directors, and the
underwriters who participated in the Company's November 12, 2010
securities offering, asserting claims under sections 10(b) and
20(a) of the Securities Exchange Act of 1934 and Rule 10b-5
promulgated under the Securities Exchange Act of 1934 (the
"Exchange Act"), as well as under sections 11, 12(a)(2) and 15 of
the Securities Act of 1933 (the "Securities Act").  The complaint
alleges that during the relevant class period, the Company and its
officers omitted to state material facts and made materially false
and misleading statements relating to, among other things, its
projected and recognized revenues and earnings, as well as its
relationship with Sinovel Wind Group Co., Ltd. that artificially
inflated the value of the Company's stock price.  The complaint
further alleges that the Company's November 12, 2010 securities
offering contained untrue statements of material facts and omitted
to state material facts required to be stated therein.  The
plaintiffs seek unspecified damages, rescindment of the Company's
November 12, 2010 securities offering, and an award of costs and
expenses, including attorney's fees.  All defendants moved to
dismiss the consolidated amended complaint.

On December 16, 2011, the district court issued a summary order
declining to dismiss the Securities Act claims against the Company
and its officers, and taking under advisement the motion to
dismiss the Exchange Act claims against the Company and its
officers and the motion to dismiss the Securities Act claims made
against the underwriters.

On July 26, 2012, the district court dismissed the Exchange Act
claims against the Company and its officers and denied the motion
to dismiss the Securities Act claims made against the
underwriters.

With respect to the litigation matter, the Company says an
estimate of loss or range of loss cannot be made.  There are
numerous factors that make it difficult to meaningfully estimate
possible loss or range of loss at this stage of these litigation
matters, including that: the proceedings are in relatively early
stages, there are significant factual and legal issues to be
resolved, information obtained or rulings made during the lawsuits
could affect the methodology for calculation of rescission and the
related statutory interest rate.  In addition, with respect to
claims where damages are the requested relief, no amount of loss
or damages has been specified.  Therefore, the Company is unable
at this time to estimate possible losses.  The Company believes
that these litigations are without merit, and it intends to defend
the action vigorously.  Therefore, no adjustment has been made to
the financial statements to reflect the outcome of these
uncertainties.


ANADIGICS INC: 3rd Cir. Affirms Dismissal of Securities Suit
------------------------------------------------------------
An appellate court affirmed in October 2012 the dismissal of a
consolidated securities class action lawsuit against ANADIGICS,
Inc., according to the Company's November 6, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended September 29, 2012.

On or about November 11, 2008, plaintiff Charlie Attias filed a
putative securities class action lawsuit in the United States
District Court for the District of New Jersey, captioned Charlie
Attias v. Anadigics, Inc., et al., No. 3:08-cv-05572, and, on or
about November 21, 2008, plaintiff Paul Kuznetz filed a related
class action lawsuit in the same court, captioned Paul J. Kuznetz
v. Anadigics, Inc., et al., No. 3:08-cv-05750 (jointly, the "Class
Actions").  The Complaints in the Class Actions, which were
consolidated under the caption In re Anadigics, Inc. Securities
Litigation, No. 3:08-cv-05572, by an Order of the District Court
dated November 24, 2008, sought unspecified damages for alleged
violations of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934, as well as Rule 10b-5 promulgated thereunder, in
connection with alleged misrepresentations and omissions in
connection with, among other things, Anadigics's manufacturing
capabilities and the demand for its products.  On October 23,
2009, plaintiffs filed a Consolidated Amended Class Action
Complaint, (the "First Amended Complaint"), which named the
Company, a current officer and a former officer-director, and
alleged a proposed class period running from July 24, 2007 through
August 7, 2008.

On December 23, 2009, defendants filed a motion to dismiss the
First Amended Complaint.  After holding extensive oral argument on
defendants' motion, the District Court found plaintiffs' First
Amended Complaint to be deficient, but afforded them another
opportunity to amend their pleading.  The District Court therefore
denied defendants' motion to dismiss without prejudice to
defendants' renewing the motion in response to plaintiffs' Second
Amended Complaint, which plaintiffs filed on October 4, 2010.  The
Second Amended Complaint, which contained the same substantive
claims that were alleged in the First Amended Complaint, alleged a
proposed class period running from Feb. 12, 2008, through August
7, 2008.  Defendants filed a motion to dismiss the Second Amended
Complaint on December 3, 2010.  By an Opinion and an Order dated
September 30, 2011, the District Court dismissed with prejudice
plaintiffs' Second Amended Complaint.  Shortly thereafter,
plaintiffs appealed the District Court's Opinion and Order to the
United States Court of Appeals for the Third Circuit.

On October 17, 2012, following briefing and argument, the Court of
Appeals affirmed the District Court's dismissal with prejudice of
plaintiffs' claims.  It is not known whether plaintiffs will seek
further appellate review.


BANK OF AMERICA: Judge Refuses to Dismiss MBS Class Action
----------------------------------------------------------
The Litigation Daily reports that a federal judge has refused to
dismiss a case brought against Bank of America and U.S. Bancorp on
behalf of investors who lost billions in Washington Mutual's
collapse.  But things might have gone very differently for the
defendants if not for a pair of rulings earlier this year favoring
mortgage-backed securities investors in separate suits against
Goldman Sachs and Bank of New York Mellon.


CANADIAN TELCOS: Consumers Seek C$18-Bil. in Access Fee Claims
--------------------------------------------------------------
According to Heenan Blaikie LLP, a class action involving nearly
half the population of Canada (14 million cellphone subscribers)
and a claim of, reportedly, C$18 billion will be proceeding
against six telephone companies -- both large and small
("Telcos").

The issue? The plaintiffs contend that the Telcos misled consumers
into thinking that the monthly system "access fee" charged
(usually in the neighborhood of C$6.95 - C$8.95 per month) was a
government fee when it was actually a fee imposed by, and with the
revenue going to, the Telcos.

The lawsuit has been involved in procedural hearings for about
eight years, but will now be heard on its merits.  Commenced in
2004, the class action was originally certified in Saskatchewan in
2007.  That set off a round of appeals of the certification --
first to the Court of Appeal for Saskatchewan, and then to the
Supreme Court of Canada.  On June 28 of this year, the Supreme
Court said it would not hear the Telcos' appeal, meaning the
certification would stand and the action could proceed.

What now? The case goes back to the Court of Queen's Bench for
Saskatchewan, which will adjudicate the substance of the claim.

The plaintiffs are asking for the return of an estimated C$12
billion in access fees, plus interest, bringing the claim up to an
earthshaking C$18 billion -- or approximately C$600 to C$700 per
customer.


CELESTICA INC: Likely to Appeal Class Action Limitation Period
--------------------------------------------------------------
Julius Melnitzer, writing for Financial Post, reports that what
the courts giveth, the courts taketh away or at least that's how
class action defendants must be feeling after an Ontario court
ruled in October that it had discretion to grant relief to
plaintiffs against whom limitation periods had expired in
secondary market securities class actions brought under the
Ontario Securities Act.

"It may be that a three-year limitation period is not sufficient
given the complexities of the litigation process," says Larry
Lowenstein, who represents class action defendants in Osler,
Hoskin & Harcourt LLP's Toronto office.  "But the proper remedy
for a legislative measure that is not working is a legislative
amendment."

Adding salt to the wound, Justice Paul Perell's ruling, in a case
alleging that Celestica Inc. and two of its former officers made
representations about the company's restructuring between 2005 and
2007, is in direct contrast to Justice George Strathy's holding
several months earlier that the court had no discretion to grant
such relief to plaintiffs who had sued CIBC in a separate
secondary market case.

Justice Perell held that a legal doctrine known as special
circumstances, which extends limitation periods where the
interests of justice so require and there is no prejudice to
defendants apart from having to defend the actions, applied to
secondary market cases.  In Celestica, such prejudice did not
exist because the defendants had been aware of the claims since
2007 and had been defending parallel claims in the US since then.

For his part, Justice Strathy ruled that the principle did not
apply to secondary market cases, but added that he would have
extended the limitation period on the facts had he found that the
doctrine was applicable.

Justice Perell's ruling significantly dilutes the hard-line
approach taken by the Ontario Court of Appeal in a seminal case
involving Timminco Ltd.  The Court ruled that plaintiffs must
bring securities class action within three years of the alleged
misrepresentation.  Because these cases require leave of the court
before they can be commenced, the Timminco case created serious
problems for plaintiffs who only discovered the misrepresentation
well into the three-year period and then had to encounter the
vagaries of a notoriously slow litigation process.

"If relief is not available when courts do not have adequate
resources to deal with leave applications expeditiously,
defendants will have an extraordinary economic incentive to delay
the proceedings," says Dimitri Lascaris, who represents plaintiffs
in Siskinds LLP's London, Ont. office.

Indeed, as Justice Perell saw it, the Legislature "did not intend
to sacrifice access to justice on the altar of expeditiousness."
He noted that the special circumstances doctrine was developed to
"ameliorate the rigors of an absolute limitation period in
appropriate circumstances."

Still, Mr. Lowenstein says that he does not regard Celestica as
opening the floodgates.

"Justice Perell recognized that the special circumstances doctrine
is principled and narrow," he says.  "It comes down to an inquiry
as to whether the plaintiffs, by initiating the litigation within
the limitation period albeit not obtaining leave within that
period, have put the defendants on proper notice to avoid
prejudice."

Kirk Baert, who represents plaintiffs in class actions at Koskie
Minsky LLP in Toronto, says that the debate over extending the
limitation period was inevitable.

"It shows that the original rulings that the three-year limitation
continued to run until leave was actually obtained made no sense,"
he says.  "So now we have to deal with a whole new area of law
that makes complicated proceedings even more unnecessarily
complicated."

As it turns out, the Court of Appeal will soon have an opportunity
to deal with the issue.  The court has listed Justice Strathy's
decision in CIBC to be argued with a case involving IMAX, in which
Justice Katherine van Rensburg backdated a leave order in a case
where the leave application had been argued but not decided before
the limitation period expired.

It's also likely that the defendants in Celestica will be seeking
leave to appeal, and if that application is granted, the three
cases may be heard together early in 2013.


CIBER INC: Bid to Dismiss "Weston" Class Suit Remains Pending
-------------------------------------------------------------
Ciber, Inc. and other defendants' motion to dismiss a securities
class action lawsuit remains pending, according to the Company's
November 6, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended September 30, 2012.

On October 28, 2011, a putative securities class action lawsuit,
Weston v. Ciber, Inc. et al., was filed in the United States
District Court for the District of Colorado against Ciber, its
current Chief Executive Officer David C. Peterschmidt, current
Executive Vice President and Chief Financial Officer ("CFO")
Claude J. Pumilia and former CFO Peter H. Cheesbrough (the "Class
Action").  The Class Action purports to have been filed on behalf
of all holders of Ciber common stock between December 15, 2010,
and August 3, 2011, by alleged stockholder and plaintiff, Burt
Weston.  The Class Action generally alleges that defendants Ciber,
Mr. Peterschmidt, Mr. Pumilia and Mr. Cheesbrough (the "Class
Action Defendants") violated Section 10(b) of the Securities
Exchange Act of 1934 ("Exchange Act") and Securities and Exchange
Commission ("SEC") Rule 10b-5.  Specifically, the complaint
alleges that the Class Action Defendants disseminated or approved
alleged false statements concerning the Company's outlook and
forecast for fiscal year 2011 in: (1) the Company's 8-K filed with
the SEC and press conference held with investors on December 15,
2010; (2) the Company's press release and earnings conference call
on February 22, 2011; (3) the Company's 10-K for fiscal year 2010
filed with the SEC on February 25, 2011; and (4) the Company's
press release, earnings conference call, and Form 10-Q for first
quarter 2011 filed with the SEC on May 3, 2011.  The complaint
also generally alleges that the Class Action Defendants violated
Section 20(a) of the Exchange Act.  Specifically, the complaint
alleges that the Class Action Defendants acted as controlling
persons of Ciber within the meaning of Section 20(a) of the
Exchange Act by reason of their positions with the Company.  The
Class Action seeks, among other things:  (1) an order from the
Court declaring the complaint to be a proper class action pursuant
to Rule 23 of the Federal Rules of Civil Procedure and certifying
plaintiff as a representative of the purported class; (2) awarding
plaintiff and the members of the class damages, including
interest; (3) awarding plaintiff reasonable costs and attorneys'
fees; and (4) awarding such other relief as the Court may deem
just and proper.

The Court appointed Mr. Weston and City of Roseville Employees'
Retirement System as lead plaintiffs and the law firms of Robbins,
Geller Rudman & Dowd LLP and Robbins Umeda LLP as lead plaintiffs'
counsel on January 31, 2012.  Lead Plaintiffs filed an amended
complaint in early April 2012.  The Class Action Defendants have
filed a motion to dismiss, which is currently pending.

The Company believes that the Class Action is without merit and
intends to defend against it vigorously.  There can, however, be
no assurance of the outcome of these actions.

Ciber, Inc. -- http://www.ciber.com/-- together with its
subsidiaries, provides information technology (IT), business
consulting, and outsourcing services in North America, Europe, and
the Asia/Pacific.  It offers its solutions to energy and
utilities, telecommunications, retail, healthcare, financial
services, entertainment, and manufacturing industries.  The
Company was founded in 1974 and is headquartered in Greenwood
Village, Colorado.


CITIGROUP INC: Awaits Approval of Interchange Fee Suit Settlement
-----------------------------------------------------------------
Citigroup Inc. is awaiting court approval of its settlement of a
consolidated lawsuit over card interchange fees, according to the
Company's November 6, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended September
30, 2012.

Beginning in 2005, several putative class actions were filed
against Citigroup Inc. and its affiliates and subsidiaries and
current and former officers, directors and employees, collectively
referred to as Citigroup and Related Parties, together with Visa,
MasterCard and other banks and their affiliates, in various
federal district courts.  These actions were consolidated with
other related cases in the Eastern District of New York and
captioned IN RE PAYMENT CARD INTERCHANGE FEE AND MERCHANT DISCOUNT
ANTITRUST LITIGATION.  The plaintiffs in the consolidated class
action are merchants that accept Visa- and MasterCard-branded
payment cards, as well as membership associations that claim to
represent certain groups of merchants.  The pending complaint
alleges, among other things, that defendants have engaged in
conspiracies to set the price of interchange and merchant discount
fees on credit and debit card transactions in violation of Section
1 of the Sherman Act.  The complaint also alleges additional
Sherman Act and California law violations, including alleged
unlawful maintenance of monopoly power and alleged unlawful
contracts in restraint of trade pertaining to various Visa and
MasterCard rules governing merchant conduct (including rules
allegedly affecting merchants' ability, at the point of sale, to
surcharge payment card transactions or steer customers to
particular payment cards).  In addition, supplemental complaints
filed against defendants in the class action allege that Visa's
and MasterCard's respective initial public offerings were
anticompetitive and violated Section 7 of the Clayton Act, and
that MasterCard's initial public offering constituted a fraudulent
conveyance.

Plaintiffs seek injunctive relief as well as joint and several
liability for treble their damages, including all interchange fees
paid to all Visa and MasterCard members with respect to Visa and
MasterCard transactions in the U.S. since at least January 1,
2004.  Certain publicly available documents estimate that Visa-
and MasterCard-branded cards generated approximately $40 billion
in interchange fees industry wide in 2009.  Defendants dispute
that the manner in which interchange and merchant discount fees
are set, or the rules governing merchant conduct, are
anticompetitive.  Fact and expert discovery has closed.
Defendants' motions to dismiss the pending class action complaint
and the supplemental complaints are pending.  Also pending are
plaintiffs' motion to certify nationwide classes consisting of all
U.S. merchants that accept Visa- and MasterCard-branded payment
cards and motions by both plaintiffs and defendants for summary
judgment.  The parties have been engaged in mediation for several
years, including recent settlement conferences held at the
direction of the court.  Additional information relating to these
consolidated actions is publicly available in court filings under
the docket number MDL 05-1720 (E.D.N.Y.) (Gleeson, J.).

On July 13, 2012, all parties to the putative class actions,
including Citigroup and Related Parties, entered into a Memorandum
of Understanding (MOU) setting forth the material terms of a class
settlement.  The settlement described in the MOU is subject to a
number of conditions, including agreement on definitive
documentation of the settlement, any necessary approvals by the
boards of directors of the parties, defendants' entry into
settlement agreements with certain merchants that have filed
separate individual actions against the Visa and MasterCard
networks, and preliminary and final approval by the court.  The
class settlement contemplated by the MOU provides for, among other
things, a total payment by all defendants to the class of $6.05
billion; a rebate to merchants participating in the class
settlement of 10 basis points on interchange collected for a
period of eight months by the Visa and MasterCard networks;
changes to certain network rules that would permit merchants to
surcharge some payment card transactions subject to certain
limitations and conditions, including disclosure to consumers at
the point of sale; and broad releases in favor of the defendants.
The Boards of Directors of Citigroup and Citibank have approved
the settlement.  The court has ordered the parties to file
definitive documentation of the settlement with the court for
preliminary approval no later than October 19, 2012.

On October 19, 2012, the class plaintiffs in the putative class
actions filed the parties' settlement agreement with the court as
part of a motion for preliminary approval of the settlement.  A
preliminary approval hearing was scheduled for November 9, 2012.

Visa and MasterCard also entered into a settlement agreement with
the merchants that filed individual, non-class actions.  While
Citigroup and Related Parties are not parties to the individual
merchant non-class settlement agreement, they are contributing to
that settlement, and the agreement provides for a release of
claims against Citigroup and Related Parties.


CREDIT SUISSE: Settles Mortgage Bond Class Action for $11.25 Bil.
-----------------------------------------------------------------
Brian Mahoney, writing for Law360, reports that a group of
financial institutions -- including Credit Suisse Securities (USA)
LLC, RBS Securities Inc. and Greenwich Capital Acceptance Inc. --
agreed to pay $11.25 million in New Mexico federal court on Dec. 7
to settle a securities class action alleging they misled investors
about $5 billion in risky mortgage bonds issued by now-defunct
Thornburg Mortgages Inc.

The settlement ends allegations claiming the institutions prepared
and issued false and misleading registration statements,
prospectuses and prospectus supplements in connection with the
sale of certain mortgage loan pass-through certificates.


FRESHWAY FOODS: Recalls 6,671 Pounds of Out-of Date Sliced Apples
-----------------------------------------------------------------
Freshway Foods is voluntarily recalling 6,671 pounds of sliced
apples that were packaged on November 12 using the same packaging
machine, which may have been contaminated with Listeria
monocytogenes.  A table of recalled consumer pack products, their
respective use-by-dates and the states to which the company
shipped them is provided below.  No illnesses have been linked to
this recall.

Listeria monocytogenes is an organism that can cause serious and
sometimes fatal infections in young children, frail or elderly
people, and others with weakened immune systems.  Healthy
individuals may suffer only short-term symptoms such as high
fever, severe headache, stiffness, nausea, abdominal pain and
diarrhea.  Listeria infection can cause miscarriages and
stillbirths among pregnant women.

                        December 8, 2012
        Freshway Foods Voluntary Recall of Sliced Apples
  (Information to assist consumers identify recalled products)

                                                   Individual
                                 Product           Consumer
  UPC Number     Use by Date     Description       Package Size
  ----------     -----------     -----------       ------------
  N/A            11/30/2012      RED APPLE SLICE     2.4 OZ
                                 2.4 OZ. SONICS
  States to which
  Freshway Foods
  shipped the product: Alabama, Florida, Georgia, Kentucky,
                       New York, Tennessee, Wisconsin

  95829 20000    12/03/2012      RED APPLE SLICE     14 OZ
                 and 12/6/2012   14 OZ. MOTTS
                                 INNERLOCK BAG
  States to which
  Freshway Foods
  shipped the product: Florida, Georgia, North Carolina

  95829 20042    12/03/2012      GREEN APPLE SLICE   14 OZ
                                 14 OZ. MOTTS
  States to which                INNERLOCK BAG
  Freshway Foods
  shipped the product: North Carolina

Pictures of the recalled products are available at:

         http://www.fda.gov/Safety/Recalls/ucm331651.htm

Freshway is advising consumers who may have the out-of-date
product to not consume it and discard it.

This voluntary recall was initiated after a single, routine and
random retail sample of sliced green apple product taken by the
North Carolina Department of Agriculture & Consumer Services
tested positive for the bacteria.  Freshway Foods is also keeping
the U.S. Food and Drug Administration informed of its recall
process.  In compliance with federal food safety regulations and
guidelines, Freshway cleans and sanitizes its equipment daily to
proactively minimize potential problems.

Freshway Foods is notifying retail customers and food service
distributors who received the recalled product directly from the
company and requesting that they remove from commerce any of the
expired products that they still have in inventory.  As an extra
precautionary measure the Company is also asking its direct
customers to notify their customers of this recall.

"Although there are no illnesses related to this recall and the
out-of-date recalled product is likely no longer available in the
marketplace, Freshway Foods is issuing this precautionary
voluntary recall because we are committed to our customers and the
well-being of the consumers who enjoy our products every day,"
said Phil Gilardi, president of Freshway Foods.  "We follow
industry and federal food safety regulations and guidelines, and
are working to carry out this recall in an effective and efficient
manner in order to reduce even the slightest risk to public
health."

Consumers with questions may call Freshway Foods' information desk
at 1-855-775-3259 (8:00 a.m. - 5:00 p.m. Eastern Time, Monday -
Friday) or visit the Company's Web site for a copy of this news
release at http://www.freshwayfoods.com/


FU SAN MACHINERY: Recalls 163T Low Lead Ball/Shut-Off Gas Valves
----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
manufacturer, Fu San Machinery Co. Ltd., of Taiwan, and
importers/distributors -- Aqualine, of Corona, California; AY
McDonald Manufacturing Co., of Dubuque, Iowa; FNW, of Portland,
Oregon; Hodes Co., of Kansas City, Missouri; Legend, of Auburn
Hills, Michigan; Leonard Valve, of Cranston, Rhode Island and
Mueller of Memphis, Tennessee, announced a voluntary recall of
about 163,000 Low Lead Ball Valve/Shut-Off Gas Valves.  Consumers
should stop using recalled products immediately unless otherwise
instructed.  It is illegal to resell or attempt to resell a
recalled consumer product.

The valves can crack and cause gas to leak.  This poses fire and
explosion hazards.

No incidents or injuries have been reported.

This recall involves seven brands of sweat and threaded, low lead
ball valves used in flammable gas piping systems used in
commercial or residential settings.  They are brass shut-off
valves assembled with pipe lines of 3/4 inch and 1 inch and have a
date code 1103 through 1112, in YYMM format, where YY is the year
and MM is the month.  The date code is located under the valve
handle.  The pipe size is marked on the body of the valve.  Fu
San's logo and the "O" marking designated for low lead valves are
marked on the valves' neck under where the handle assembles.  The
word "Taiwan" appears on the handle as a country of origin
marking.  The valves were sold under the following brand names and
model numbers:

                                    Valve Dimensions/
   Brand Name      Model Number     Sweat or Threaded Valves
   ----------      ------------     ------------------------
   Aqualine        BBV-075-LF       3/4 inch/Threaded
   Aqualine        BBV-075S-LF      3/4 inch/Sweat
   Aqualine        BBV-100-LF       1 inch/Threaded
   Aqualine        BBV-100S-LF      1 inch/Sweat
   AY McDonald     72032S           3/4 inch/Sweat
   AY McDonald     72032T           3/4 inch/Threaded
   FNW             FNWX410AF        3/4 inch/Threaded
   FNW             FNWX410AG        1 inch/Threaded
   FNW             FNWX411F         3/4 inch/Sweat
   FNW             FNWX411G         1 inch/Sweat
   Hodes Co.       40-642           1 inch/Threaded
   Hodes Co.       40-662           1 inch /Threaded
   Hodes Co.       40-677           3/4 inch/Sweat
   Hodes Co.       40-687           3/4 inch/Sweat
   Hodes Co.       40-678           1 inch/Sweat
   Hodes Co.       40-688           1 inch/Sweat
   Legend          T1002NL          1 inch/Threaded
   Leonard Valve   83503            3/4 inch/Sweat
   Leonard Valve   83504            1 inch/Sweat
   Leonard Valve   83538            3/4 inch/Threaded
   Leonard Valve   83539            1 inch/Threaded
   Mueller         107-844NL        3/4 inch/Sweat

Pictures of the recalled products are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml13/13064.html

The recalled products were manufactured in Taiwan and sold by Fu
San Machinery directly to seven distributors nationwide from April
2011 through January 2012 for between $13 and $20.

Consumers should turn off the gas supply until a replacement gas
valve has been professionally installed.  Consumers should contact
Danville Sales which, on behalf of Fu San Machinery, will provide
compensation of $300 to reimburse customers for costs incurred to
remove and return the valve and for purchasing and installing a
replacement valve.  The affected valve should be returned to the
Danville Sales Office for Fu San Machinery with a photo depicting
the valve in the gas line before removal and showing the date code
on the valve, along with the address and details of the location
where the valve was installed.  The requested information, the
recalled valve, and the consumer name and address should be sent
to the address in the Consumer Contact paragraph.  Upon receipt,
Fu San will reimburse customers in the amount of $300.  Danville
Sales Office for Fu San Machinery may be reached at 1101 N. Kings
Hwy, in Cherry Hill, New Jersey 08034; toll-free at (855) 779-
9200, from 9:00 a.m. to 5:00 p.m. Eastern Time Monday through
Friday, or online at http://www.fsvalve.com.tw/,then click on the
Safety Recall Notice button for more information.


GENERAL MILLS: Seeks Dismissal of Nature Valley Granola Class Suit
------------------------------------------------------------------
Rebekah Kaufman, writing for Morrison & Foerster, reports that
General Mills recently filed a motion to dismiss a putative class
action accusing the company of falsely advertising its popular
Nature Valley granola products as "100% natural."  Chin et al. v.
General Mills, Inc., Case No. 12-cv-2150-MJD-TML (D. Minn.).  The
crux of plaintiffs' claims is that the granola is not "100%
natural" because it contains high-fructose corn syrup, high-
maltose corn syrup, and/or maltodextrin.

In its motion, General Mills first takes plaintiffs to task for
junk science:

"Plaintiffs' theory of liability is premised on their distinction
between processed and highly processed corn.  Cornstarch is itself
processed.  It does not grow out of the ground, but is created
through the process of milling.  But milling, in Plaintiffs' view,
does not produce a 'non-natural' ingredient.  It is the additional
step of treating the cornstarch with enzymes that Plaintiffs
assert crosses the threshold from processed to 'highly processed,'
and from natural to non-natural.  The Complaint does not cite any
scientific authority for this distinction."

General Mills then points to its ingredient list, arguing that
because plaintiffs' claims rely on the front of the product
packaging, the court can take notice of the rest of the packaging
as well.  Significantly, the ingredient list clearly lists each of
the offending ingredients for all consumers to see.  Whether that
argument will be sufficient to win the day remains to be seen.
Other courts have rejected similar arguments.

General Mills also argued that the plaintiffs lack Article III
standing to sue over products they never purchased.


HEALTH NET: Defend Suits Over Hard Disk Drive Loss in California
----------------------------------------------------------------
Health Net, Inc. continues to defend itself against lawsuits
arising from the loss of hard disk drives that had been used in
its data center, according to the Company's November 6, 2012, Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended September 30, 2012.

The Company is a defendant in three related litigation matters
pending in California state and federal courts relating to
information security issues.  On January 21, 2011, International
Business Machines Corp. (IBM), which handles the Company's data
center operations, notified the Company that it could not locate
several hard disk drives that had been used in the Company's data
center located in Rancho Cordova, California.  The Company has
since determined that personal information of approximately two
million former and current Health Net members, employees and
health care providers is on the drives.  Commencing on March 14,
2011, the Company provided written notification to the individuals
whose information is on the drives.  To help protect the personal
information of affected individuals, the Company offered them two
years of free credit monitoring services, in addition to identity
theft insurance and fraud resolution and restoration of credit
files services, if needed.

On March 18, 2011, a putative class action relating to this
incident was filed against the Company in the U.S. District Court
for the Central District of California (the Central District of
California), and similar actions were later filed against the
Company in other federal and state courts in California.  A number
of those actions were transferred to and consolidated in the U.S.
District Court for the Eastern District of California (the Eastern
District of California), and the two remaining actions are
currently pending in the Superior Court of California, County of
San Francisco (San Francisco County Superior Court) and the
Superior Court of California, County of Sacramento (Sacramento
County Superior Court).  The consolidated amended complaint in the
federal action pending in the Eastern District of California was
filed on behalf of a putative class of over 800,000 of the
Company's current or former members who received the written
notification, and also named IBM as a defendant.  It sought to
state claims for violation of the California Confidentiality of
Medical Information Act and the California Customer Records Act,
and sought statutory damages of up to $1,000 for each class
member, as well as injunctive and declaratory relief, attorneys'
fees and other relief.

On August 29, 2011, the Company filed a motion to dismiss the
consolidated complaint.  On January 20, 2012, the district court
issued an order dismissing the consolidated complaint on the
grounds that the plaintiffs lacked standing to bring their action
in federal court.  On April 20, 2012, an amended complaint with a
new plaintiff was filed against the Company, but no longer
asserted claims against IBM.  The amended complaint asserted the
same causes of action and sought the same relief as the earlier
complaint.  On June 18, 2012, the Company filed a motion to
dismiss the amended complaint, which is currently pending.

An additional lawsuit was instituted on July 7, 2011, in the
Superior Court of California, County of Riverside and was brought
on behalf of a putative nationwide class of all former and current
members affected by this incident, and sought to state similar
claims against the Company, as well as a claim for invasion of
privacy.  The Company removed this case to the Central District of
California on August 1, 2011.  On August 26, 2011, the plaintiff
filed a motion to remand the case to state court.  That motion was
granted on September 30, 2011.  On October 10, 2011, the Company
filed an application for leave to appeal the remand order to the
United States Court of Appeals for the Ninth Circuit.  On January
30, 2012, the Court of Appeals granted the motion for leave to
appeal and ordered the parties to submit briefs.  On March 20,
2012, the Court of Appeals issued an opinion reversing the
district court's ruling and instructing the district court to
review the motion to remand in accordance with the Court of
Appeals' opinion.  Following the issuance of that opinion, the
Company filed a request with the district court seeking to have
the case transferred to the Eastern District of California to be
assigned to the same judge handling the other lawsuit in that
court.  That request was granted and the matter was ordered to be
transferred on May 1, 2012.  On June 8, 2012, the judge handling
the lawsuit in the Eastern District of California ordered that
this case be consolidated with the lawsuit currently pending in
that court.

The San Francisco County Superior Court proceeding was instituted
on March 28, 2011, and is brought on behalf of a putative class of
California residents who received the written notification, and
seeks to state similar claims against the Company, as well as
claims for violation of California's Unfair Competition Law, and
seeks similar relief.  The Company moved to compel arbitration of
the two named plaintiffs' claims.  The court granted the Company's
motion as to one of the named plaintiffs and denied it as to the
other.  The Company is appealing the latter ruling.  Thereafter,
the plaintiff as to whom the Company's motion to compel
arbitration was granted filed an application for a writ of mandate
with the California Court of Appeal seeking review of that ruling,
which writ was ultimately granted.  The Company filed a petition
for review by the California Supreme Court, which was denied, and
on July 9, 2012, the Court of Appeal issued a peremptory writ of
mandate directing the Superior Court to vacate its order granting
the motion to compel arbitration and to enter an order denying the
motion to compel.

The Sacramento County Superior Court proceeding was instituted on
April 3, 2012, and is brought on behalf of a putative class of
California members whose information was contained on the
unaccounted for drives.  The action was filed by many of the same
plaintiffs' lawyers, contains the same claims, and seeks the same
relief as the case pending in the Eastern District of California.
On June 18, 2012, the Company filed a demurrer seeking dismissal
of this complaint, which is currently pending.

The Company has also been informed that a number of regulatory
agencies are investigating the incident, including the California
Department of Managed Health Care (DMHC), the California
Department of Insurance, the California Attorney General, the
Massachusetts Office of Consumer Affairs and Business Regulation
and the Office of Civil Rights of the U.S. Department of Health
and Human Services.

The Company says it intends to vigorously defend itself against
these claims; however, these proceedings are subject to many
uncertainties.  At this time, the Company cannot reasonably
estimate the range of loss that may result from these legal and
regulatory proceedings in light of the facts that (i) legal and
regulatory proceedings are inherently unpredictable, (ii) there
are multiple parties in each of the disputes (and uncertainty as
to how liability, if any, may be shared among the defendants),
(iii) the proceedings are in their early stages and discovery is
not complete, (iv) there are significant facts in dispute, (v) the
matters present legal uncertainties, (vi) there is a wide range of
potential outcomes in each dispute and (vii) there are various
levels of judicial review available to the Company in each matter
in the event damages are awarded or fines or penalties are
assessed.  Nevertheless, an adverse resolution of or development
in the proceedings could have a material adverse effect on the
Company's financial condition, results of operations, cash flow
and liquidity and could affect its reputation.

Health Net, Inc. -- http://www.healthnet.com/-- through its
subsidiaries, provides managed health care services.  The Company
offers commercial health care products, such as health maintenance
organization plans through contracts with participating network
physicians, hospitals, and other providers; preferred provider
organization plans that provide coverage for services received
from health care provider; and point of service plans.  It also
provides Medicare products.  It serves approximately 6.0 million
individuals in the United States through group, individual,
Medicare, Medicaid, the U.S. Department of Defense that includes
TRICARE, and Veterans Affairs programs.  The Company was founded
in 1979 and is headquartered in Woodland Hills, California.


IMPERIAL TOBACCO: Jeffrey Wigand Testifies in Tobacco Class Action
------------------------------------------------------------------
CBC News reports that Jeffrey Wigand, who blew the whistle on the
U.S. tobacco industry in 1993 in a move that inspired an award-
winning Hollywood film, told a Montreal court on Dec. 10 that
cigarette companies were underplaying the product's potential
health risks.

Mr. Wigand was in Quebec Superior Court on Dec. 10 as part of a
C$27-billion class-action lawsuit against Canada's three biggest
cigarette companies.

Mr. Wigand, a former chief tobacco scientist at Brown and
Williamson Tobacco in Louisville, Ky., is testifying in the case,
which pits the cigarette companies against groups representing 1.8
million smokers in Quebec.

It's considered the biggest class-action lawsuit in Canadian
history, and it is the first time tobacco companies have gone to
trial in a civil suit in Canada.

A group of people who have become seriously ill from smoking and a
separate group of people who say they are unable to quit are being
heard together.

Both groups allege Imperial Tobacco, JTI MacDonald and Rothmans
Benson & Hedges did everything possible to encourage addiction and
are seeking a C$27-billion settlement.

Mr. Wigand testified that within three months of joining Brown and
Williamson in 1989, he became aware of some contradictions in the
messages broadcast by the company.

He said scientists working for the firms knew of the health risks
associated with tobacco.  However, Mr. Wigand said, the industry
would engage in what he called "creating friction" about the
scientific understanding with the public.

Mario Bujold, head of one of the anti-tobacco groups in the
lawsuit, said the spin doctrine went on for decades.

"They decide to hire people and research to find data that could
help them give that message that smoking wasn't dangerous," he
said.

Mr. Wigand told Quebec Superior Court that the industry engaged in
obfuscation, criticism and denial of the facts.

He said he was under the impression he was hired to help develop a
safer cigarette -- which meant Brown and Williamson was aware
smoking caused health risks.

Mr. Wigand's testimony is expected to wrap up on Wednesday.

Mr. Wigand blew the whistle on the U.S. tobacco industry in 1993
when he told CBS's 60 Minutes producer Lowell Bergman that tobacco
companies were concealing some of the health risks of cigarettes.

He was asked to testify at a lawsuit against five large U.S.
companies.

The lawsuit culminated with a landmark C$368-billion settlement
between tobacco companies and state governments in the U.S., as
well as individual victims of smoking.

The cigarette companies, including the parent company of Canada's
Imperial Tobacco, Britain-based BATCO, were told to hand over
documents relating to their research and processes in creating the
addictive product.

Mr. Wigand's testimony and expertise inspired The Insider,
starring Al Pacino and Russell Crowe.

At the time, the jury taking part in the Florida lawsuit were
ordered not to watch The Insider after the lawyer representing
Brown and Williamson Tobacco claimed it could sway the vote.


KFORCE INC: Appeal From Calif. Suit Settlement Remains Pending
--------------------------------------------------------------
An appeal from the approval of Kforce Inc.'s settlement of a class
action lawsuit in California remains pending, according to the
Company's November 6, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended September
30, 2012.

Kforce was a defendant in a California class action lawsuit
alleging misclassification of California Account Managers and
seeking unspecified damages.  A tentative settlement was approved
by the California court during the three months ended June 30,
2011, in the amount of $2,526,000 which is recorded within
accounts payable and other accrued liabilities in the accompanying
unaudited condensed consolidated balance sheet as of September 30,
2012, and December 31, 2011.  Consummation of the settlement is
subject to resolution of an appeal, which the Company believes to
be without merit, brought by a non-party to the lawsuit.

Kforce Inc. and subsidiaries provide professional staffing
services and technology, finance and accounting, health and life
sciences and government solutions.  The Company is based in Tampa,
Florida.


LOS ANGELES RECORDING: Sued in Calif. for Defrauding Students
-------------------------------------------------------------
Courthouse News Service reports that students claim in a class
action in Los Angeles Superior Court that Los Angeles Recording
School/The Los Angeles Film Schools defrauded them through
numerous misrepresentations.


MISTER SNACKS: Recalls 161 Cases of Sunbird Snacks Yogurt Raisins
-----------------------------------------------------------------
Mister Snacks, Inc. of Amherst, New York, is recalling its 5 oz.
packages of Sunbird Snacks Yogurt Raisins because they may contain
undeclared peanuts.  People who have allergies to peanuts run the
risk of serious or life-threatening allergic reaction if they
consume these products.

This recall is limited to 161 cases containing twelve Sunbird
Snacks 5 oz. Yogurt Raisin packages.  The product comes in a 5 oz.
clear bag marked with a Lot Number and Expiration Date of "EXP
0513 265" ink-stamped on the back of the package.

The product was distributed nationwide in retail stores.

No illnesses have been reported to date in connection with this
problem.

The recall was initiated after it was discovered that the peanut-
containing product was distributed in packaging that did not
reveal the presence of peanuts.  Subsequent investigation
indicates the problem was caused by a temporary breakdown in the
Company's production and packaging processes.

Consumers who have purchased 5 oz. packages of Sunbird Snacks
Yogurt Raisins are urged to return them to the place of purchase
for a full refund.  Consumers with questions may contact the
Company, Monday through Friday, 9:00 a.m. - 5:00 p.m. at 800-333-
6393.


MORGAN STANLEY: Claims in "Abu Dhabi" Suit Remains Pending
----------------------------------------------------------
Negligent misrepresentation claims in the class action lawsuit
commenced by Abu Dhabi Commercial Bank, et al., against Morgan
Stanley remain pending, according to the Company's November 6,
2012, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended September 30, 2012.

On August 25, 2008, the Company and two ratings agencies were
named as defendants in a purported class action related to
securities issued by a structured investment vehicle called Cheyne
Finance (the "Cheyne SIV").  The case is styled Abu Dhabi
Commercial Bank, et al. v. Morgan Stanley & Co. Inc., et al. and
is pending in the United States District Court for the Southern
District of New York ("SDNY").  The complaint alleges, among other
things, that the ratings assigned to the securities issued by the
Cheyne SIV were false and misleading because the ratings did not
accurately reflect the risks associated with the subprime
residential mortgage backed securities held by the Cheyne SIV.  On
September 2, 2009, the court dismissed all of the claims against
the Company except for plaintiffs' claims for common law fraud.
On June 15, 2010, the court denied plaintiffs' motion for class
certification.  On July 20, 2010, the court granted plaintiffs
leave to replead their aiding and abetting common law fraud claims
against the Company, and those claims were added in an amended
complaint filed on August 5, 2010.  On December 27, 2011, the
court permitted plaintiffs to reinstate their causes of action for
negligent misrepresentation and breach of fiduciary duty against
the Company.

The Company moved to dismiss these claims on January 10, 2012.  On
January 5, 2012, the court permitted plaintiffs to amend their
Complaint and assert a negligence claim against the Company.  The
amended complaint was filed on January 9, 2012, and the Company
moved to dismiss the negligence claim on January 17, 2012.  On
January 23, 2012, the Company moved for summary judgment with
respect to the fraud and aiding and abetting fraud claims.  On May
4, 2012, the court granted the Company's motion to dismiss claims
against the Company for breach of fiduciary duty and negligence
and denied the Company's motion to dismiss claims against the
Company for negligent misrepresentation.

On August 17, 2012, the court granted the Company's motion for
summary judgment with respect to the plaintiff's fraud claim.  The
court denied the Company's motion for summary judgment with
respect to the plaintiffs' aiding and abetting fraud claim and
ordered plaintiffs to show cause why the negligent
misrepresentation claim should not be dismissed.  The court
dismissed all or part of the claims of three of the fifteen
plaintiffs in the action based on lack of standing or reliance.
Plaintiffs have moved to reconsider dismissal of the claims of
these three plaintiffs.

On October 5, 2012, the court ruled that plaintiffs sufficiently
showed cause as to why the negligent misrepresentation claim
against the Company should not be dismissed.  The fifteen
plaintiffs in the action assert claims related to approximately
$983 million of securities issued by the Cheyne SIV.  On September
17, 2012, plaintiffs filed expert reports with the court alleging
that they are seeking $713 million in compensatory damages on
behalf of all fifteen plaintiffs.  Plaintiffs are also seeking
punitive damages.

Based on currently available information, the Company believes
that the defendants could incur a loss up to approximately $713
million, plus pre- and post-judgment interest, fees and costs.


MORTGAGE GUARANTY: Suit Settlement Payments May Reach $500,0000
---------------------------------------------------------------
Rich Lord, writing for Pittsburgh Post-Gazette, reports that
U.S. Magistrate Judge Robert Mitchell approved a class-action
settlement that will result in payments that could reach $500,000
to 20 women who encountered problems with Mortgage Guaranty during
pregnancy or maternity leave.

Pregnant for the third time, Carly Neals made plans in 2010 to
immerse herself in motherhood for a few months.

Part of her financial plan was to refinance the mortgage on her
Pine home -- something that should have been painless for
Ms. Neals, an attorney and wealth adviser whose employer provided
paid maternity leave.

Instead, she spent her leave dealing with paperwork demands and
rejections from Mortgage Guaranty Insurance Corp., the Milwaukee-
based firm picked by the lender to back the loan.

"I spent the entire time trying to get this loan closed,"
Ms. Neals said.  "They were insisting that I couldn't unless I
physically went back to work."

Ms. Neals is married but was the sole applicant for her mortgage.

Her resulting two-year legal struggle ended on Dec. 6, when Judge
Mitchell approved the class action settlement.  That follows a May
settlement of a related case brought by the Department of Justice,
in which Mortgage Guaranty agreed to pay as much as $515,000 to 70
such women, including Ms. Neals.

"It's extremely significant," said Shanna L. Smith, president and
CEO of the National Fair Housing Alliance, which wasn't involved
in Ms. Neals' case but has aided women in similar cases.  "There
are couples who are having children, and single female heads of
housing who are having children, and they must be able to secure
mortgage loans when they are on maternity leave."

Mortgage Guaranty argued unsuccessfully in court pleadings that it
had tried to finalize the loan, but Ms. Neals nixed it.  Judge
Mitchell in a 2011 opinion didn't buy that, finding that a push to
close the loan on the final day of her maternity leave, which fell
apart due to flawed paperwork, didn't invalidate her claims under
the Fair Housing Act.

Ms. Neals, 34, said she could have just closed the loan after
returning to work, but sued because she was "driven by what they
took away from me.

"I felt like I had worked so hard to orchestrate a really good
maternity leave where I could spend time with my baby and have
peace of mind," she said.  "There's just nothing like being at
home with a newborn baby.  And they just took that away from me."

She complained to the Department of Housing and Urban Development.
She hired civil rights attorney Adrian Roe, who teamed with
Michael Simon in a complicated two-year court fight.

The Justice Department and U.S. Attorney David Hickton's office
filed a separate lawsuit based on the same allegations.

"As part of the settlement, MGIC did not admit fault," Dan
Stilwell, Mortgage Guaranty vice president and chief compliance
officer, wrote Thursday in response to questions.  "However, the
Company did review and clarify its underwriting guidelines to help
make sure that insurance applications are processed as we always
intended."

Still, Mortgage Guaranty is paying as much as $1 million to the
women involved in the two settlements, plus $337,500 to Ms. Neals'
attorneys and $38,750 to the federal government.

The case has "raised awareness of these continued issues of
discrimination still very present in our country," said Heather
Arnet, CEO of the Women and Girls Foundation, based in Pittsburgh.
"Without government-paid maternity leave, we continue to see women
subjected to economic discrimination in this country."

The women covered in the class-action lawsuit could get from
$3,750 to $42,500, depending on an independent administrator's
evaluation of the extent to which Mortgage Guaranty's policies
affected their maternity leaves.

Ms. Neals said she's cautiously optimistic that the company is no
longer considering maternity status in its mortgage insurance
decisions.

Mr. Roe said that to him, the issue was simple: "Why would she
need to be back at work in order to close the loan?"

Companies have never tried to make a business case for withholding
loans from pregnant women, said Ms. Smith.  That's because there's
no reason to believe that new parents are bad risks.

"In this situation, is a single mom going to [sign a loan and
then] say, well, I have no place for me and my child to live?" she
asked.  "Is a couple going to say, oh, we're going to live here
for three months, and then we won't be able to make our mortgage
payments?"

Despite the lack of justification, the practice of factoring
maternity leave into mortgage decisions has been hard to stamp
out, said Ms. Smith.  She said lawyers and advocates have been
fighting mortgage firms on the issue since 1998, when a Toledo
couple sued Countrywide Home Loans.  That case took a decade to
settle.


PACIFIC BIOSCIENCES: Rigrodsky & Long Files Class Action
--------------------------------------------------------
Rigrodsky & Long, P.A. has commenced a class action asserting
violations of the Federal securities laws by Pacific Biosciences
of California, Inc. on behalf of PACB shareholders.  On April 6,
2012, the Court appointed Rigrodsky & Long, P.A. lead counsel in
connection with the litigation.

If you are a PACB shareholder who purchased your stock pursuant or
traceable to the Company's Initial Public Offering on October 27,
2010 or from J.P. Morgan Securities LLC or from Deutsche Bank
Securities, Inc., and would like to learn more about litigation,
or if you wish to discuss these matters or have any questions
concerning this announcement or your rights or interests with
respect to these matters, please contact Peter Allocco at
Rigrodsky & Long, P.A., 825 East Gate Boulevard, Suite 300, Garden
City, New York 11530 toll free at (888) 969-4242, by e-mail to
info@rigrodskylong.com or at:
http://www.rigrodskylong.com/news/pacific-biosciences-of-
california-inc-pacb-ipo

PACB (NASDAQ GS: PACB) is a development stage company that
develops, manufactures, and markets an integrated platform for
genetic analysis.  The Company engages in commercializing a
platform, single molecule, real-time technology (SMRT) for the
detection of biological events.

Among other things, the litigation alleges that the Company failed
to disclose in connection with its IPO that, contrary to the
PACB's claim that its RS DNA sequencing system had a 99.99%
accuracy rate, the RS's raw-read accuracy rate was only 80%-84%
such that would-be customers would have to sacrifice long read
length to obtain increased raw-read accuracy, that countless
insidious bugs in the RS system caused it to be highly unreliable
and crash often, and that significant negative feedback had been
received from limited production users of the system.

On August 5, 2011, J.P. Morgan issued a report cutting PACB's
rating from Overweight to Neutral, stating that due to a slower
ramp-up in orders now being expected it was "lowering [its] 2012
projection from systems recognized from 170 to 90" and is now "not
forecast[ing] operating profitability until after 2015."  In
reaction to this news, PACB stock plunged 34% to close at $6.50
per share on August 5, 2011.

The very next month, on September 21, 2011, PACB was forced to
disclose that its cash burn was threatening its operations so
severely, that as a result it was laying off 130 employees and it
would incur $5 million in separation expenses related to the lay
off of these employees.  In reaction to this news, PACB's again
plummeted another 25% to close at $4.25 per share on September 21,
2011.

Rigrodsky & Long, P.A., with offices in Wilmington, Delaware and
Garden City, New York, regularly litigates securities class,
derivative and direct actions, shareholder rights litigation and
corporate governance litigation, including claims for breach of
fiduciary duty and proxy violations in the Delaware Court of
Chancery and in state and federal courts throughout the United
States.


PFIZER: Faces Class Action Over Alleged Monopoly of Viagra Market
-----------------------------------------------------------------
Darryl Greer at Courthouse News Service reports that Pfizer
illegally gamed the Canadian patent system to monopolize the
market for Viagra and overcharge customers, a class action claims
in British Columbia Supreme Court.

Lead plaintiff Britton Low claims that the Supreme Court of Canada
invalidated Pfizer's patent on Viagra in November, citing shoddy
Patent Act disclosures, after a legal dispute with generic drug
maker Teva Pharmaceuticals.

Teva wanted to bring a generic version of Viagra (sildenafil) to
the Canadian market, but could not while the case wound its way
through Federal Court and eventually up to the Canadian Supreme
Court.

Days after that ruling, Pfizer reduced the price of Viagra to the
price for the generic version, Mr. Low claims.

He claims that Pfizer tailored its original patent application to
be ambiguous, though it knew that sildenafil was the effective
ingredient.  The application "failed to clearly set out what the
invention was," according to the complaint.

Mr. Low claims Pfizer improperly disclosed its invention of
sildenafil to monopolize its production and prevent a generic
version from entering the market during the class period between
2006 and 2012.

"As a result of its unlawfully obtained monopoly over sildenafil,
Pfizer was able to overcharge the plaintiff and the other class
members for Viagra as compared to the price Pfizer could have
charged for Viagra in the presence of generic competition," the
complaint states.  "The difference between the revenue Pfizer
would have collected by charging the actual price for Viagra and
the revenue which Pfizer would have collected at the price
prevailing in the presence of generic competition (the 'Viagra
overcharge') represents Pfizer's ill-gotten gains."

Mr. Low is represented by Reider M. Mogerman, with Camp, Fiorante,
Matthews, Mogerman in Vancouver.


SIMPSON MANUFACTURING: "Nishimura" Suit Remains Pending in Hawaii
-----------------------------------------------------------------
Nishimura v. Gentry Homes, Ltd; Simpson Manufacturing Co., Inc.;
and Simpson Strong-Tie Company, Inc., Civil no. 11-1-1522-07, was
filed in the Circuit Court of the First Circuit of Hawaii on
July 20, 2011.  The case alleges premature corrosion of Simpson
Manufacturing Co., Inc.'s strap tie holdown products in a housing
development at Ewa Beach in Honolulu, Hawaii.  The case is a
putative class action brought by owners of allegedly affected
homes.  The Complaint alleges that the Company's strap products
and mudsill anchors are insufficiently corrosion resistant and/or
fail to comply with Honolulu's building code.  The Court has
dismissed several of the claims the plaintiffs had asserted
against the Company.  The Company is currently investigating the
claims asserted in the complaint, including, among other things:
the existence and extent of the alleged corrosion, if any; the
building code provisions alleged to be applicable and, if
applicable, whether the products complied; the buildings affected;
the responsibility of the general contractor, various
subcontractors and other construction professionals for the
alleged damages; the amount, if any, of damages suffered; and the
costs of repair, if any are needed.  At this time, the likelihood
that the Company will be found liable for any damage allegedly
suffered and the extent of such liability, if any, are unknown.
The Company denies any liability of any kind and intends to defend
itself vigorously in this case.

No further updates were reported in the Company's November 6,
2012, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended September 30, 2012.

Simpson Manufacturing Co., Inc. -- http://www.simpsonmgf.com/--
through its subsidiaries, engages in the design, engineering,
manufacture, and sale of building products.  It offers wood-to-
wood, wood-to-concrete, and wood-to-masonry connectors; screw
fastening systems and collated screws; stainless steel fasteners;
pre-fabricated shear walls and moment-frames; truss plates; and a
range of adhesives, chemicals, mechanical anchors, carbide drill
bits, and powder-actuated tools for concrete, masonry, and steel
markets, as well as a range of concrete repair products and
engineered materials for the repair, strengthening, and
restoration of asphalt and masonry construction.  The Company
markets its products to the residential construction, light
industrial and commercial construction, remodeling, and do-it-
yourself markets primarily in the United States, Canada, Europe,
Asia, and the South Pacific.  Simpson Manufacturing Co., Inc. was
founded in 1956 and is based in Pleasanton, California.


SOUTHWEST AIRLINES: Accused of Violating Credit Transaction Act
---------------------------------------------------------------
Robert Miller, on behalf of himself and all others similarly
situated v. Southwest Airlines Co., a Texas Corporation; and Does
1 through 10, inclusive, Case No. RG12652437 (Calif. Super. Ct.,
Alameda Cty., October 17, 2012) is brought on behalf of those who
used credit or debit cards to make airline ticket purchases from
Southwest and any subsidiaries or affiliated companies nationwide.

The Defendants have willfully violated the Fair and Accurate
Credit Transaction Act and failed to protect the Plaintiff and the
proposed class against identity theft and credit card and debit
card fraud by printing the expiration date on receipts provided to
debit card and credit card cardholders transacting business with
the Defendants, Mr. Miller contends.  He also seeks a permanent
injunction enjoining the Defendants from continuing their unlawful
practice of willfully violating FACTA's provisions intended to
safeguard against identity theft and credit and debit card fraud.

Mr. Miller is a resident of Los Angeles County, California.

Southwest is a Texas corporation doing business throughout the
state of California.  The true names and capacities of the Doe
Defendants are currently unknown to the Plaintiff.

The Company removed the lawsuit on November 26, 2012, from the
Superior Court of the state of California, County of Alameda, to
the United States District Court for the Northern District of
California.  The Company argues that the removal is proper because
the District Court has original subject matter jurisdiction over
this action.  The District Court Clerk assigned Case No. 4:12-cv-
05978 to the proceeding.

The Plaintiff is represented by:

          Kenneth S. Gaines, Esq.
          Daniel F. Gaines, Esq.
          Alex P. Katofsky, Esq.
          Sepideh Hirmand, Esq.
          GAINES & GAINES, APLC
          21550 Oxnard Street, Suite 980
          Woodland Hills, CA 91367
          Telephone: (818) 703-8985
          Facsimile: (818) 703-8984
          E-mail: Ken@gaineslawfirm.com
                  Daniel@gaineslawfirm.com
                  Alex@gaineslawfirm.com
                  Sepideh@gaineslawfirm.com

The Defendants are represented by:

          Colin H. Murray, Esq.
          BAKER & MCKENZIE LLP
          Two Embarcadero Center, 11th Floor
          San Francisco, CA 94111-3802
          Telephone: (415) 576-3000
          Facsimile: (415) 576-3099
          E-mail: colin.murray@bakermckenzie.com


ST. JUDE MEDICAL: Labaton Sucharow Files Class Action in Minn.
--------------------------------------------------------------
Labaton Sucharow LLP filed a class action lawsuit on December 10,
2012 in the U.S. District Court for the District of Minnesota.
The lawsuit was filed on behalf of persons or entities who
purchased or otherwise acquired the publicly-traded common stock
of St. Jude Medical, Inc. between October 19, 2011, and
November 20, 2012, inclusive.

The action charges St. Jude and certain of its officers with
violations of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934, and Rule 10b-5 promulgated thereunder.  The Complaint
alleges that, throughout the Class Period, the Company made false
and misleading statements, and concealed material information
relating to the safety, durability, and manufacturing processes of
the Company's cardiac rhythm management lead wires marketed under
the name "Durata."

St. Jude, a global medical device company, manufactures and
markets cardiac rhythm management systems, which rely on insulated
leads, including Durata leads.  The complaint alleges that, during
the Class Period, St. Jude concealed from shareholders that: (1)
Durata leads were subject to the same or similar design flaws
found in the Company's earlier generation of leads; (2) the
Company's design, manufacturing, testing, and quality control
processes for leads, including Durata leads, were flawed by such
significant deficiencies that the Company's leads presented a
material risk to patients and would not be a commercial success;
and (3) as a result of the foregoing, St. Jude lacked a reasonable
basis to tout the testing and manufacturing processes underlying
Durata leads and its proprietary insulation material called
"Optim," to characterize the Durata leads as an improvement over
its previous generation of leads, and to project that Durata leads
would be a commercial success.

The truth about St. Jude and its Durata leads was revealed through
a series of disclosures.  Prior to the markets' open on October
17, 2012, St. Jude hosted a conference call to discuss its
financial results for the third quarter of 2012.  During this
call, the Company warned investors of possible advisory action by
the U.S. Food and Drug Administration as a result of a then-
ongoing inspection of the Company's Sylmar, California facility.
In reaction to this news, St. Jude's stock dropped $2.09 per
share, or 4.87 percent, to close at $40.85 per share following
trading on October 17, 2012.

On October 24, 2012, after the markets' close, St. Jude filed a
Current Report on Form 8-K with the U.S. Securities and Exchange
Commission about the FDA's inspection of the Sylmar facility that
included a heavily redacted version of an FDA report on the
facility.  Describing the results of the inspection, the Company
emphasized that "none of the observations identified a specific
issue regarding the clinical or field performance of any
particular device."  On this news, St. Jude's stock price fell by
$1.44 per share, or 3.63 percent, to close at $38.27 per share on
elevated trading volume during the following trading session on
October 25, 2012.

Finally, after the markets' close on November 20, 2012, the FDA
released its own version of the Sylmar inspection results, which
-- unlike the version released by the Company -- did not redact
the names of the product in question in each observation.  The
FDA's report made clear that the numerous concerns raised by the
FDA's inspection almost universally pertained to the design,
production, and quality control for the manufacturing process of
Durata leads. In reaction to this news, St. Jude's stock price
fell $4.34 per share, or 12.15 percent, to close at $31.37 per
share on November 21, 2012, on extremely heavy trading volume.

If you are a member of this Class you can view a copy of the
complaint and join this class action online at
http://www.labaton.com/en/cases/Newly-Filed-Cases.cfm

If you purchased St. Jude common stock during the Class Period,
you may be able to seek appointment as Lead Plaintiff.  Lead
Plaintiff motion papers must be filed with the U.S. District Court
for the District of Minnesota no later than February 5, 2013.  A
lead plaintiff is a court-appointed representative for absent
Class members.  You do not need to seek appointment as lead
plaintiff to share in any Class recovery in this action.  If you
are a Class member and there is a recovery for the Class, you can
share in that recovery as an absent Class member. You may retain
counsel of your choice to represent you in this action.

If you would like to consider serving as lead plaintiff or have
any questions about the lawsuit, you may contact Rachel A. Avan,
Esq. of Labaton Sucharow LLP, at (888) 753-2796 or (212) 907-0709,
or via e-mail at ravan@labaton.com

Labaton Sucharow LLP -- http://www.labaton.com-- is a law firm
representing institutional investors in class action and complex
securities litigation, as well as consumers and businesses in
class actions seeking to recover damages for anticompetitive
practices.  The firm has offices in New York, New York and
Wilmington, Delaware.


STERLING FINANCIAL: Awaits Order on Securities Suit Dismissal Bid
-----------------------------------------------------------------
Sterling Financial Corporation is awaiting a court decision on its
motion to dismiss a securities class action lawsuit pending in
Washington, according to the Company's November 6, 2012, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended September 30, 2012.

On December 11, 2009, a putative securities class action was filed
in the United States District Court for the Eastern District of
Washington against Sterling and certain of its current and former
officers.  The court appointed a lead plaintiff on March 9, 2010.
On June 18, 2010, the lead plaintiff filed a consolidated
complaint (the "Complaint").  The Complaint purports to be brought
on behalf of a class of persons who purchased or otherwise
acquired Sterling's stock during the period from July 23, 2008, to
October 15, 2009.  The Complaint alleges that defendants violated
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by
failing to disclose the extent of Sterling's delinquent commercial
real estate, construction and land development loans, properly
record losses for impaired loans, and properly reserve for loan
losses, thereby causing Sterling's stock price to be artificially
inflated during the purported class period.  Plaintiffs seek
unspecified damages and attorneys' fees and costs.  Sterling
believes the lawsuit is without merit and intends to defend
against it vigorously.

On August 30, 2010, Sterling moved to dismiss the Complaint.  On
March 2, 2011, after complete briefing, the court held a hearing
on the motion to dismiss.  The court has not yet issued an order
on the motion, but recently indicated that it intends to do so in
the near future.

Failure by Sterling to obtain a favorable resolution of the claims
set forth in the complaint could have a material adverse effect on
the Company's business, results of operations and financial
condition.  Currently, a loss resulting from these claims is not
considered probable or reasonably estimable in amount.

Spokane, Washington-based Sterling Financial Corporation --
http://www.sterlingfinancialcorporation-spokane.com/-- is a bank
holding company, organized under the laws of Washington State in
1992.  The principal subsidiaries of Sterling are Sterling Savings
Bank and Golf Savings Bank.  Subsequent to June 30, 2010, Golf
Savings Bank was merged with and into Sterling Savings Bank, with
the mortgage banking operations of Golf Savings Bank continuing to
operate as a division of Sterling Savings Bank.


STERLING FINANCIAL: Awaits Ruling on Bid to Dismiss ERISA Suit
--------------------------------------------------------------
Sterling Financial Corporation is awaiting a court decision on its
motion to dismiss a consolidated class action lawsuit, according
to the Company's November 6, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended September
30, 2012.

On January 20 and 22, 2010, two putative class action complaints
were filed in the United States District Court for the Eastern
District of Washington against Sterling Financial Corporation and
Sterling Savings Bank (collectively, "Sterling"), as well as
certain of Sterling's current and former officers and directors.
The two complaints were merged in a Consolidated Amended Complaint
(the "Complaint") filed on July 16, 2010, in the same court.  The
Complaint does not name all of the individuals named in the prior
complaints, but it is expected that additional defendants will be
added.  The Complaint alleges that the defendants breached their
fiduciary duties under Sections 404 and 405 of the Employee
Retirement Income Security Act of 1974, as amended ("ERISA"), with
respect to the Sterling Savings Bank Employee Savings and
Investment Plan (the "401(k) Plan") and the FirstBank Northwest
Employee Stock Ownership Plan ("ESOP") (collectively, the
"Plans").  Specifically, the Complaint alleges that the defendants
breached their duties by investing assets of the Plans in
Sterling's securities when it was imprudent to do so, and by
investing such assets in Sterling securities when defendants knew
or should have known that the price of those securities was
inflated due to misrepresentations and omissions about Sterling's
business practices.  The business practices at issue include
alleged over-reliance on risky construction loans; alleged
inadequate loan reserves; alleged spiking increases in
nonperforming assets, nonperforming loans, classified assets, and
90+-day delinquent loans; alleged inadequate accounting for rising
loan payment shortfalls; alleged unsafe and unsound banking
practices; and a capital base that was allegedly inadequate to
withstand the significant deterioration in the real estate
markets.  The putative class periods are October 22, 2007, to the
present for the 401(k) Plan class, and October 22, 2007, to
November 14, 2008, for the ESOP class.  The Complaint seeks
damages of an unspecified amount and attorneys' fees and costs.

On September 26, 2012, Sterling received a letter from the U.S.
Department of Labor (the "Department of Labor") containing similar
allegations as those set forth in the Complaint, demanding that
the violations alleged in the Department of Labor's letter be
corrected and notifying Sterling that the Department of Labor may
take legal action in connection with such allegations, including
assessing a civil money penalty.  Sterling believes the Complaint,
and Department of Labor allegations, are without merit and intends
to defend against them vigorously.

A hearing on the motion to dismiss the Complaint occurred on March
22, 2011, with the court indicating that it would take the motion
under submission.  The court has not yet issued an order on the
motion, but recently indicated that it intends to do so in the
near future.

Failure by Sterling to obtain a favorable resolution of the claims
set forth in the Complaint or in the letter from the Department of
Labor could have a material adverse effect on Sterling's business,
results of operations, and financial condition. Currently, a loss
resulting from these claims is not considered probable or
reasonably estimable in amount.

Spokane, Washington-based Sterling Financial Corporation --
http://www.sterlingfinancialcorporation-spokane.com/-- is a bank
holding company, organized under the laws of Washington State in
1992.  The principal subsidiaries of Sterling are Sterling Savings
Bank and Golf Savings Bank.  Subsequent to June 30, 2010, Golf
Savings Bank was merged with and into Sterling Savings Bank, with
the mortgage banking operations of Golf Savings Bank continuing to
operate as a division of Sterling Savings Bank.


TOYOTA MOTOR: Faces Class Action Over Excessive License Fees
------------------------------------------------------------
Courthouse News Service reports that Toyota Motor Credit Corp.
overcharged customers for license and registration fees, a class
action claims in Baltimore City Court.


TPG CAPITAL: Faces $9-Mil. Overtime Class Action in California
--------------------------------------------------------------
Nathan Hale, writing for Law360, reports that Investment firm TPG
Capital LP neglected to pay its administrative assistants upward
of $9 million in overtime, according to a class action removed to
California federal court on Dec. 6.

Lead plaintiff Erica Shankle, a TPG administrative assistant in
California since October 2010, says the company skirted state laws
by not paying overtime to its administrative assistants, who work
at least five to 10 hours of overtime each week, according to the
notice of removal.

TPG employed 119 administrative assistants during the proposed
class period of January 2008.


US AIRWAYS: Pilots Lose Class Certification Bid in Pension Suit
---------------------------------------------------------------
Dan McCue at Courthouse News Service reports that a federal judge
refused to certify a class of 650 former U.S. Airways pilots who
say that the airline delayed their lump-sum retirement benefits
and owes them interest.

The complaint, filed by lead plaintiffs James Stephens and Richard
Mahoney, took aim at a U.S. Airways policy to delay lump-sum
pension payments by 45 days.

The retired pilots claimed the delay was unreasonable, and that
the Employee Retirement Income Security Act requires lump-sum
payments to be the actuarial equivalent of an annuity payment.

Over the years, the lawsuit has wound from the Northern District
of Ohio to the United States Court of Appeals for the Sixth
Circuit, and then to the District Court in Washington, the D.C.
Circuit and back.

Though the D.C. Circuit ultimately denied the ERISA violation
claim, it looked into whether the pilots deserve interest from the
delay in their benefits payments.  This finding would determine
whether the delay itself was reasonable.

Relying on precedent set by Internal Revenue Service regulation,
the court held that the 45-day delay was not reasonable because it
was "unrelated to the administrative calculation of plaintiffs'
lump sum benefits" and did not "correspond to administrative
necessity."

With the District Court poised to calculate interest on remand,
Messrs. Stephens and Mahoney pressed for class certification.
They hoped to represent all participants and/or beneficiaries of
the Retirement Income Plan for Pilots of U.S. Air Inc., who, from
February 28, 1997, to March 31, 2003, elected to receive a lump-
sum payment as a full or partial distribution of their retirement
benefits, but did not receive them in the time prescribed by the
plan.

U.S. District Judge Rosemary Collyer sided with the airline on
Dec. 7 after finding that, unlike the other pilots, Stephens has
exhausted his administrative remedies under the plan.

"No other pilot who received a lump sum before or after did so,"
she wrote.

"Thus, Mr. Stephens's case is in a drastically different posture
from the cases of other putative plaintiffs as to a potentially
dispositive affirmative defense asserted by the PBGC," she added,
abbreviating the name of the Pension Benefit Guaranty Corp., which
took over U.S. Airways pension plan after the airline's 2003
bankruptcy.

Messrs. Stephens and Mahoney claimed that there is precedent
against requiring exhaustion in a case such as theirs, and that
the court could even excuse the exhaustion requirement as futile.

But this argument did not sway Judge Collyer.

"The case law is clear that 'barring exceptional circumstances,
parties aggrieved by decisions of pension plan administrators must
exhaust the administrative remedies available to them under their
pension plans before challenging those decisions in court,'" the
decision states.

This effectively makes Stephens a class of one, Judge Collyer
found.

"Plaintiffs challenging a pension plan administrator's decision
are required to exhaust their administrative remedies before
filing suit," Judge Collyer wrote.  "Of the hundreds of members of
the putative class, only Mr. Stephens did so.  He is differently
situated from the other pilots in a way that makes him not
'typical' as required by Rule 23(a)(3) as a prerequisite to class
certification.  Accordingly, plaintiffs' second motion for class
certification will be denied."


WELLPOINT INC: Wins Summary Judgment in Insurance Class Action
--------------------------------------------------------------
Megan Stride, writing for Law360, reports that an Illinois federal
judge on Dec. 10 handed WellPoint Inc. summary judgment on the
last remaining claims in a putative class action alleging it
bungled coverage for former Rightchoice Managed Care Inc.
customers after it bought that company, rejecting the plaintiffs'
liability arguments and ending the suit.

U.S. District Judge J. Phil Gilbert ruled against plaintiffs
Charlotte Phillips and Bob Myrick on their remaining claims
against WellPoint, its Unicare subsidiaries and Rightchoice for
breach of contract and unfair trade practices under the Illinois
Consumer Fraud Act.


WELLS FARGO: Faces Class Action Over Pick-a-Payment Portfolio
-------------------------------------------------------------
Jonny Bonner at Courthouse News Service reports that Wells Fargo's
"greed seems to have no bounds," claims a class action that says
that the bank and others approved fewer than 3 percent of loan
modifications after acquiring "troubled" mortgage loans
effectively "for nothing."

Jennifer Murphy and 30 other named plaintiffs sued Wells Fargo,
Wachovia, World Savings Bank and Golden West Financial in a
federal class action.

The class claims the defendants failed to honor a settlement
agreement in a class action filed against Wachovia in Northern
California.

Wells Fargo purchased Wachovia, and its "Pick-a-Payment" loan
portfolio, for $15.1 billion, on the heels of IRS Notice 2008-83,
issued Sept. 30, 2008, according to the complaint.

"In a typical merger transaction, the acquiring company cannot use
the acquired company's entire operating loss to offset its own
profits, but instead, is limited to using $1 billion of those
losses per year.  The restriction exists to discourage companies
from buying failing companies solely to avoid taxes and shelter
their own profits," the complaint states.  "IRS Notice 2008-83
removed that restriction for transactions involving financial
institutions, thereby permitting an acquiring bank to take
advantage of the acquired bank's losses in full at any time."

Wells Fargo bought Wachovia on Oct. 3, 2008.

"While Wachovia had substantial liabilities, and Wells Fargo knew
that it would need to substantially write down Wachovia's Pick-a-
Payment portfolio, the key to the deal for Wells Fargo was that it
could use Wachovia's substantial losses to avoid paying taxes on
its own profits, which could potentially save it $40 billion in
taxes," the complaint states.

During the merger, a class sued against Wachovia over the Pick-a-
Payment portfolio, which left "hundreds of thousands of homeowners
. . . suffering the effects of undisclosed negative amortization,"
according to the complaint.

In response, in 2011 in San Jose, U.S. District Judge Jeremy Fogel
approved a settlement and created a new loan modification program
-- Mortgage Assistance Program (2MAP2R) -- based on objective,
rather than subjective, criteria, the plaintiffs say.

The program required Wells Fargo to provide principal forgiveness,
"eliminating virtually all of the accrued negative amortization,
by reducing a borrower's principal balance to the market value of
the home in circumstances where the loan's principal balance
exceeded the home's market value."

But the plaintiffs say the bank and program ultimately did little
to provide relief to "struggling" homeowners.

"As with the prior loan modification programs, defendants have not
followed through on their promises to provide substantial relief
to homeowners," the 81-page complaint states.  "The numbers are
striking.  According to Wells Fargo's records, for the period from
April 1, 2011 to Sept. 30, 2012, there were 52,252 loan
modification requests made by settlement class B members
(borrowers who became in imminent threat of default after the
parties agreed to the settlement).  Of those requests, defendants
have completed only 1,055 MAP2R modification (approximately 2
percent).  In that same period, settlement class C members
(borrowers who were in default at the time the parties agreed to
the settlement) made 14,419 loan modification requests, but
defendants completed on 691 MAP2R modifications (less than 5
percent)."

Wells Fargo failed to properly hire and train employees to deal
with the second mortgage program, the class claims.

"Despite the extensive responsibilities that defendants agreed to
take on as part of the settlement, Wells Fargo failed to hire a
sufficient number of employees to effectively implement the MAP2R
loan modification program.  Further, it failed to properly train
its employees to implement MAP2R, which has prevented settlement
class members from obtaining the loan modification to which they
are entitled as part of the settlement," the complaint states.

The class claims Wells Fargo "effectively acquired Wachovia's
assets for nothing," and the breach of settlement violates
California's unfair competition law.

"Defendant Wells Fargo's greed seems to have no bounds," the
complaint states.

"According to a 2011 report issued by Citizens for Tax Justice,
Wells Fargo received $17.96 billion in tax breaks from 2008
through 2012, the most of any public company in that timeframe.
The result of this transaction meant that while it earned more
than $49 billion during that time period, the bank paid no taxes;
instead, it received a $681 million tax credit.  Thus, Wells Fargo
saved more in taxes in three years than it paid to acquire
Wachovia. In other words, Wells Fargo effectively acquired
Wachovia's assets for nothing."

The class seeks restitution and compensatory and consequential
damages for unfair competition and breach of contract, and an
order certifying a class, subclass and sub-subclass.

They are represented by Jeffrey Berns -- jberns@bernsweiss.com --
with Berns Weiss, of Woodland Hills.


WING ENTERPRISES: Recalls 20,000 Switch-it Stepladder/Stepstools
----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
importer, Wing Enterprises Inc., of Springville, Utah, and
manufacturer, Suzhou Zhongchuang Aluminum Products Co. Ltd.,
announced a voluntary recall of about 20,000 units of Stepladder
and Stepstool Combination.  Consumers should stop using recalled
products immediately unless otherwise instructed.  It is illegal
to resell or attempt to resell a recalled consumer product.

When extended, the inner side rails can separate from the outer
side rails causing the user to fall.

Wing Enterprises has received nine reports of the ladder becoming
unstable causing the user to fall and sustain injuries ranging
from scrapes and contusions to a fractured collar bone.

The recalled products are Switch-it Type 1A Stepladder/Stepstools
rated at 300 pounds.  The Switch-it is an aluminum ladder that can
be extended from a 2-foot stepstool to a 6-foot stepladder.  It
has flared C-channel outer rails that fit over inner rails.  The
outer rails have orange rocker-type locks on each side to hold the
outer rails to the inner rails.  The words "Switch-it by Little
Giant" appear on the front of the top platform.  Recalled Switch-
it stepladder/stepstools have the following date stamps: 10622S,
10623S, 10624S, 10721S and 10722S.  The date stamp is located
immediately below the orange locks on the outer rails.  Part
Number "15124" is on the black and orange notice label attached to
the back of the outer rails.  Pictures of the recalled products
are available at:

     http://www.cpsc.gov/cpscpub/prerel/prhtml13/13063.html

The recalled products were manufactured in China and sold
exclusively at The Home Depot and online at Homedepot.com from
August 2012 to October 2012 for about $88.

Customers should immediately stop using the recalled
stepladder/stepstools and contact Wing Enterprises for a free
replacement of the front outer section.  Wing Enterprises Inc. may
be reached toll-free at (855) 595-3378, from 8:00 a.m. to 5:00
p.m. Mountain Time Monday through Friday, or online at
http://www.littlegiantladders.com/switch-it-recall/,for more
information.


WOLFGANG PUCK: Workers File Overtime Class Action
-------------------------------------------------
Courthouse News Service reports that Wolfgang Puck and his
restaurants, including Spago, stiff workers for overtime and
violate other labor laws, a class action claims in Santa Monica
Superior Court.


                       Asbestos Litigation

ASBESTOS UPDATE: R.I. Court Grants College's Summary Judgment Bid
-----------------------------------------------------------------
Providence College filed a Motion for Summary Judgment against
Marco Cera and Danielle Cera, Individually and as Natural
Guardians of Gabriella and Nina Cera, contending that it is immune
from civil suit under certain provisions of the Rhode Island
Workers' Compensation Act.  The Plaintiffs object to the motion,
arguing that there exists a genuine issue of material fact as to
whether the WCA applies in this case at all.

In a decision dated Dec. 3, 2012, the Superior Court of Rhode
Island, Providence, SC, found that the Plaintiffs failed to carry
their burden of establishing a genuine issue of material fact that
would preclude summary judgment in the instant matter.

The Court noted that Marco Cera was the Defendant's "employee"
during the 1993 and 1994 summers and does not fall within the
"casual employee" exception as defined in Sections 28-29-2(4) of
the WCA.  As the Defendant's "employee," Cera is subject to the
WCA's provisions, including the "waiver-of-rights" and
"exclusivity" provisions.  Interpreting these two provisions
together, the Court finds that Cera is barred from maintaining any
common-law tort claims against the Defendant because the Defendant
has demonstrated that workers' compensation benefits are the
appropriate and exclusive remedy for the Plaintiffs in the instant
matter.

The Court ruled, however, that it lacks subject-matter
jurisdiction over the case pursuant to Sections 28-35-11 of the
WCA and will transfer the matter to the Workers' Compensation
Commission for proper adjudication in that forum.  In so
transferring this matter, the Court has not determined whether
Cera has suffered a compensable "personal injury" actually
entitling him to recover workers' compensation benefits within the
meaning of Sections 28-33-1 of the WCA.  Said issue is a question
of fact within the exclusive jurisdiction of the Workers'
Compensation Commission pursuant to Section 28-35-11.

Thus, the Court found that there is no genuine issue of material
fact that the WCA applies to the instant matter, and Defendant is
entitled to judgment as a matter of law.

The case is MARCO CERA and DANIELLE CERA, Individually and as
Natural Guardians of GABRIELLA CERA and NINA CERA v. A.W.
CHESTERTON COMPANY, et al., C.A. No. PC-12-0678 (R.I.).  A copy of
the Court's Decision is available at http://is.gd/7MECFHfrom
Leagle.com.


ASBESTOS UPDATE: Ohio Court Junks Inmate's Exposure Suit
--------------------------------------------------------
In a Nov. 16, 2012 report and recommendation, Judge Norah McCann
King of the United States District Court for the Southern District
of Ohio, Eastern Division, recommended that the motions for
summary judgment filed by the defendants in the cases captioned
RONALD D. LEONARD, et al., Plaintiffs, v. ERNIE MOORE, et al.,
Defendants and RONALD D. LEONARD, Plaintiff, v. ERNIE MOORE, et
al., Defendants, Case Nos. 2:10-CV-347, 2:10-CV-951 (S.D. Ohio),
be granted.

The complaints stem from alleged involuntary daily exposure to
asbestos and mold while Mr. Leonard was incarcerated in the
Chillicothe Correctional Institution between May 2009 and April
2010.  In recommending for the approval of the summary judgment
motions, Judge King ruled that because the Plaintiff has not
established that he suffers from an actual serious injury or faces
a substantial risk of serious harm to his future health, he cannot
establish that the Defendants were aware of the injury or risk and
disregard it.

A copy of Judge King's Report and Recommendation is available at
http://is.gd/fWPPzufrom Leagle.com.


ASBESTOS UPDATE: TIG Insurance's Bid for Summary Judgment Granted
-----------------------------------------------------------------
In an order dated Dec. 4, 2012, Judge Jay C. Zainey of the United
States District Court for the Eastern District of Louisiana
granted the motion for summary judgment filed by TIG Insurance
Co., as successor by merger to International Insurance Co., as
successor by merger to International Surplus Lines Insurance Co.,
after the Plaintiff, Buck Kreihs Co., Inc., advised he will not be
filing an opposition to the motion.  Judge Zainey held that
coverage under the TIG policies is unambiguously excluded by the
36-month limitation.  Based on the 36-month limitation, TIG does
not owe coverage or a duty to defend Buck Kreihs for the asbestos
claims and lawsuits asserted against Buck Kreihs from 1998 through
2012, and any future asbestos lawsuits that may be filed against
Buck Kreihs, Judge Zainey concluded.

The case is FIDELITY & CASUALTY CO. OF NEW YORK v. BUCK KREIHS
CO., INC., ET AL. SECTION: "A" (2), Civil Action No. 06-2310, No.
06-2311., 06-2389, 09-4483 (E.D.La.).  A copy of Judge Zainey's
Order is available at http://is.gd/vzzdLifrom Leagle.com.


ASBESTOS UPDATE: Suit v. Abex Corp., et al. Stays in Rhode Island
-----------------------------------------------------------------
The Superior Court of Rhode Island, Providence SC, in an order
dated Dec. 4, 2012, denied a motion filed by Jeffrey J. Melford
and Tina S. Melford, arising out of their asbestos litigation
filed against numerous defendants, including Abex Corporation.
The Plaintiffs seek to stay the case in favor of recently-filed
parallel proceedings in Louisiana on the ground of forum non
conveniens.  The Defendants oppose the Motion arguing that the
litigation should continue in Rhode Island, the Plaintiffs' first
choice of forum.

In denying the Plaintiffs' motion, the Court ruled that the
Plaintiffs have failed to demonstrate that a stay of proceedings
in the Rhode Island matter is warranted under the doctrine of
forum non conveniens.  Moreover, the Court found that the "first-
to-file" rule also weighs against staying the Rhode Island matter.
Both the Plaintiffs and the Defendants have conducted significant
discovery and trial preparation work in the instant case and
should therefore litigate the dispute in Rhode Island, the Court
held.

The case is JEFFREY J. MELFORD and TINA S. MELFORD v. ABEX
CORPORATION, et al., C.A. No. PC 11-1172 (R.I.).  A copy of the
Dec. 4 Order is available at http://is.gd/PKulUMfrom Leagle.com.


ASBESTOS UPDATE: NY Ct. Junks Tishman's Bid to Dismiss Suit
-----------------------------------------------------------
Judge Sherry Klein Heitler of the Supreme Court, New York County,
denied defendant Tishman Liquidating Corporation, Inc.'s motion
for summary judgment dismissing the complaint and all cross-claims
asserted against it by Francis R. DeFilippis in an asbestos
personal injury action.  Judge Heitler ruled that the Plaintiff's
testimony raises the issue of Tishman's authority to supervise and
control the conditions which allegedly caused Mr. DeFilippis'
injuries.  Therefore, the Court ruled, with regard to whether
Tishman is liable under Labor Law Section 200, the summary
judgment motion is denied.

The case is FRANCIS R. DEFILIPPIS and DOROTHY DEFILIPPIS,
Plaintiffs, v. A.O. SMITH WATER PRODUCTS CO., et. al.,
Defendant(s), Docket No. 104644/2003, Motion Seq. No. 001 (N.Y.).
A copy of Judge Heitler's Decision dated Dec. 3, 2012, is
available at http://is.gd/OGyXhIfrom Leagle.com.


ASBESTOS UPDATE: Boeing, et al., Get $20,000 in Attorneys' Fees
---------------------------------------------------------------
Judge Callie V. S. Granade of the United States District Court for
the Southern District of Alabama, Southern Division, entered an
order dated Dec. 4, 2012, granting in part and denying in part
motions of defendants The Boeing Company, Lockheed Martin
Corporation, and United Technologies Corporation for attorneys'
fees and costs, and denying in its entirety Honeywell
International, Inc.'s similar motion.

Specifically, the Court directed payment of $8,361 to Boeing,
$5,800 to Lockheed Martin, and $6,000 to UTC, after reducing their
original requested amounts.  The Court denied Honeywell's request
for payment of $3,580 because the motion was not timely filed and
Honeywell has not demonstrated excusable neglect for its failure
to either abide by the Court's order or seek permission to file
out of time, its motion for attorneys' fees.

The case is WALTER E. BROWN, Plaintiff, v. THE BOEING COMPANY, et
al., Defendants, Civil Action No. 12-0414-CG-C (S.D.Ala.).  A copy
of Judge Granada's Decision is available at http://is.gd/z5ovUy
from Leagle.com.


ASBESTOS UPDATE: Crane Co.'s Bid to Dismiss Ex-Navy's Suit Junked
-----------------------------------------------------------------
Judge Sherry Klein Heitler of the Supreme Court, New York County,
denied Crane Co.'s motion for summary judgment seeking to dismiss
an asbestos-related personal injury action after finding that the
documentary evidence and the testimony of the Plaintiff raise
material questions that should be determined by a jury.  The
documents, according to Judge Heitler, permit a reasonable
inference that Crane valves had been installed on the relevant
ships during the relevant time period.

The case is MAXWELL DEER AND CAROLYN DEER, Plaintiffs, v. AIR &
LIQUID SYSTEMS CORPORATION, et al., Defendants, Docket No.
190261/11, Motion Seq. No. 003 (N.Y.).  A copy of Judge Heitler's
Decision dated Dec. 5, 2012, is available at http://is.gd/jKvh7n
from Leagle.com.


ASBESTOS UPDATE: Foster Wheeler's Bid for Protective Order Denied
-----------------------------------------------------------------
Dorothy and Bernard Letcher sued Foster Wheeler Energy Corporation
and other defendants, alleging that the defendants unlawfully
exposed them to asbestos.  In a Nov. 16, 2012 memorandum opinion,
Judge Stephanie Gallagher of the U.S. District Court for the
District of Maryland denied Foster Wheeler's request for a
protective order holding that Plaintiffs are seemingly seeking
relevant information, thus there is no information before the
Court tending to show that a protective order is necessary to
avoid harm or injustice.

The case is DOROTHY A. LETCHER et al., Plaintiffs, v. ALCATEL-
LUCENT USA, INC., et al., Defendants, Civil Case No. MJG-12-3051
(D.Md.). A copy of Judge Gallagher's Decision dated Nov. 16, 2012,
is available at http://is.gd/Wbc8Vmfrom Leagle.com.


ASBESTOS UPDATE: Pa. Court Grants New Trial for John Crane Inc.
---------------------------------------------------------------
John Crane, Inc., challenges an order of the Court of Common Pleas
of Philadelphia County, granting a new trial pursuant to a post-
trial motion filed by Margaret Shelhamer, executrix of the estate
of Thomas Shelhamer.  In an opinion dated Nov. 20, 2012, the
Superior Court of Pennsylvania reversed the lower court's decision
pointing out that the verdict sheet used in the case at hand
showed that the jury found that the decedent had not been exposed
to Crane's product, which was not defective, and yet, in obvious
conflict with those findings, also concluded that "the defective
product" of Crane was a factual cause of the decedent's injury.

The case is MARGARET SHELHAMER, AS EXECUTRIX OF THE ESTATE OF
THOMAS SHELHAMER, DECEASED, AND IN HER OWN RIGHT, Appellee, v.
JOHN CRANE, INC., F/K/A CRANE PACKING, Appellant, No. 856 EDA 2011
(Pa.).  A copy of the Superior Court's Decision is available at
http://is.gd/qVOuIRfrom Leagle.com.


ASBESTOS UPDATE: Packard Plant Abatement May Take 1 Year and $10MM
------------------------------------------------------------------
Built of reinforced concrete and covering more than 3 million
square feet, the Packard Plant has become a dumping ground for
household waste, cars, boats, mattresses, spray-paint cans and
other debris.  And it is contaminated with asbestos and other
hazardous materials, Jennifer Dixon of The Detroit Free Press
reports.

All that makes demolition a complicated, expensive and time-
consuming project, said John Adamo Jr., an engineer and CEO of
Adamo Group, a demolition, construction and environmental
contractor in Detroit.

Adamo estimates bringing down the structure could cost $10
million, and removing environmental contaminants might add
anywhere from $1 million to $10 million to the price tag.  The
city estimates total costs at $20 million.

Assessing the environmental contaminants is among the first steps
in bringing down the plant, which dates to the early 1900s.  Adamo
said that could take up to three months, with removal of hazardous
materials requiring up to a year.

It all depends on what's found on the site, which is a collection
of dozens of buildings connected by cargo-door entrances, enclosed
bridges and underground tunnels.

The Michigan Department of Environmental Quality, which tried in
the late 1990s to demolish the plant for the city but was stopped
by a court battle, had a consultant survey the property for
asbestos-containing materials.

At the time, the consultant found significant quantities of
asbestos scattered next to insulating piping systems in bathrooms,
storage rooms, bays, basements and tunnels.  Inspections also
revealed that rubbish and trash in the plant were cross-
contaminated with asbestos.

The Free Press obtained the report from the DEQ under the Freedom
of Information Act.

The asbestos in the tunnels was found in piles 6-18 inches deep
and is highly friable -- meaning it crumbles to the touch,
releasing fibers into the air.  Asbestos, a carcinogen, is
hazardous when friable.

The consultant also found large quantities of asbestos debris in
the basements of most buildings.  Urban explorers who visit the
plant tend to stay out of the basements and tunnels, however.

Since the consultant's report was written, the plant has
deteriorated significantly.  And it is much more open to the
elements.

Strict rules govern asbestos removal.  First, the property owner
must have a state-certified inspector conduct an assessment to
determine the amount, location and condition of the asbestos.
Then, the property owner must give the DEQ and the Michigan
Occupational Safety and Health Administration 10 days' notice
before starting abatement.

Asbestos is typically wetted, placed in bags or barrels, and then
transported in a lined container to a landfill that accepts
asbestos.  All bags with asbestos waste must be marked and
tracked.  Workers must wear gloves, protective clothing and
respirators.  The DEQ and MIOSHA make unannounced inspections at
abatement sites to ensure workers and the environment are
protected, said Karen Kajiya-Mills, a manager with the DEQ's air
quality division.

Once the asbestos and other hazards are removed from the Packard
Plant, demolition could take a year, Adamo said.

"In terms of the level of effort it takes to take down a concrete
building, it's challenging, so you need a lot of equipment, you
need a lot of big equipment, because this is big, heavy,
industrial use," Adamo said.

Also, Adamo said, factories built in the early 1900s were
overbuilt -- using more concrete and steel than was necessary, but
intended to accommodate expansion as the auto industry grew.

"So the level of effort to take down a building in this era versus
a similar building that would have been built 50 years later is
night and day," Adamo said.

The building doesn't have much steel left to salvage as an offset
to demolition costs.

"I would guess that maybe 10% of what would come out of here would
be steel and 90% would be concrete and most of the value of that
steel would be of the lower quality because it would be rebar,"
Adamo said, "and it generally has less value than a structural
steel beam."


ASBESTOS UPDATE: NY Tenants Spent $20MM on False Fibro Alarm
------------------------------------------------------------
Candice M. Giove of The New York Post reports that in 2005, a city
Department of Environmental Protection inspector took a tile from
a vacant Co-op City apartment to a lab for testing.  A trace of
asbestos was discovered in the 40-year-old adhesive.

The city ordered a massive asbestos abatement and reflooring of
the complex's 15,372 apartments at a cost of $20 million to
tenants.

But the remediation has been a waste of money, according to a
lawsuit being filed tomorrow in Bronx state Supreme Court on
behalf of the 55,000 co-op owners.

They claim 86,000 air tests conducted so far show no airborne
asbestos before, during or after flooring work.  They blame the
phony scare on overzealous city inspectors and want their money
back.

"All of the facilities in New York City have this glue.  All of
the Mitchell-Lama developments have this kind of glue, and nothing
is [airborne] and no one else is being forced to pay," said former
Assemblyman Stephen Kaufman, the attorney representing the
tenants' RiverBay Corp. in the suit against the city and the DEP.
"It is absolutely Alice and Wonderland-ish."

The asbestos precautions and testing cost $4 million annually,
which translates into a 4 percent maintenance increase for each
owner, the plaintiffs claim. The suit demands that Co-op City's
apartments no longer be subject to asbestos-abatement mandates and
seeks unspecified damages.

Since the remediation order, the one-man job of replacing tiles in
an apartment became a production requiring a half-dozen
specialists dressed head-to-toe in blue hazmat suits, with
decontamination tents set up in the basements of the 35-building
complex.

During a tour of a flooring and asbestos-abatement job on the 21st
floor of a Baychester Avenue building last week, abatement
specialists lined an entire hallway with equipment and a separate
environmental specialist managed the site.

The workers prepped by duct-taping double layers of plastic
sheeting along a hallway's wall.  The setup alone took an hour.
What would have been small, $300 tiling jobs have become $4,000
hours-long affairs, according to RiverBay's Kevin Keenan, who
oversees all of the abatement projects.

Asbestos expert John Lange and former city DEP Commissioner Joel
Miele, commissioned by RiverBay as consultants, agreed that the
asbestos-abatement measures were unnecessary.

And Keenan said no maintenance worker in the history of Co-op City
has ever been sick from tile exposure.

"In the 40 years we've been working here, we've had no issues of
anyone being hospitalized or sick from asbestosis or
mesothelioma," he said.  "It's not a health issue, but the city
still puts these regulations on us."


ASBESTOS UPDATE: Fighting in Southern Israel Releases Carcinogens
-----------------------------------------------------------------
Alphi Shauli of YnetNews (Israel) reports that damage assessment
in Israel's southern communities following Operation Pillar of
Defense is ongoing, and the fighting's environmental impact is
slowly becoming clear.

The Tax Authority has so far received 1,240 claims over property
damage to residential buildings, businesses and cars and the
Treasury said the eight-day military campaign cost the Israeli
market some NIS 3 billion (about $790 million).

Environmental impact reports are still pending, but so far
assessors have found at least four asbestos structures that
suffered direct hits by Gaza fire.

Asbestos is considered a hazardous material and is a known
carcinogen.  The Environmental Protection Ministry has been
working to safely remove it from buildings nationwide.

One of the main problems with asbestos is that it is highly
susceptible to impact and even the slightest damage to it can
release millions of microscopic, toxic fibers into the air.

According to ministry inspectors, the areas adjacent to the
damaged buildings already recorded high levels of asbestos
pollution -- far higher than the acceptable levels.

Removing asbestos is a delicate and costly procedure, which is why
the government is overseeing all such projects.

"There are about 100 million square meters of asbestos across
Israel, in private homes, schools and agricultural structures,"
Tamar Bar-On, the director of the Hazardous Waste Division in the
Environmental Protection Ministry, told Ynet.

Ministry protocols as to dealing with rocket-damage to such
structures were put in place during the Second Lebanon War, she
added.

"In case of a direct missile hit, we face the risk of widespread
fibers.  Those dealing with the environmental hazard must wear
protective gear, the area must be cordoned off and various steps
must be taken to minimize the fibers' dispersion," she explained.


ASBESTOS UPDATE: Hills, Hornsby Councils Support New Fibro Policy
-----------------------------------------------------------------
Isabell Petrinic of Hills News (Aus) reports that the Hills and
Hornsby Councils have thrown its in-principle support behind a new
model asbestos policy.

"The model code is presently being assessed prior to a report
being prepared," a Hills Council spokeswoman said.

Hornsby Council also supports the idea of national coordination on
asbestos removal.

"Consistent with the Model Asbestos policy, it is council's
practice that all development consents involving demolition
requires the applicant to comply with the Australian Standard for
the demolition of structures, engage a contractor licensed by
WorkCover NSW to undertake the work, provide receipts confirming
that the materials have been disposed of properly and to erect
signage alerting the neighbours that the asbestos is about to be
removed," a spokeswoman said.

Developed by the Local Government and Shires Association in
partnership with the state government, the model was released last
week, during Asbestos Awareness Week.  But only as a guideline.

"Unfortunately it is up to each individual council to adopt the
model policy," Holroyd councillor Greg Cummings said.  His father
died from asbestosis on Nov. 22, 2002.

Hills Council's spokeswoman said the council's general manager,
Dave Walker, had been awaiting this model policy for some time.

"Council has always recognized the significance of the
implications of asbestos and applied the highest standards both in
planning and operational terms, even before the model code," she
said.

Holroyd Council is the only council from 152 singled out for
praise by the NSW Ombudsman Bruce Barbour in his 2010 report
Responding to the asbestos problem: The need for significant
reform.

He said Holroyd had made a number of initiatives including:

     -- Introducing comprehensive asbestos policies;

     -- Implementing public awareness information sessions and
lobbying for improvements in the way asbestos was dealt with; and

     -- Providing input to the Asbestos Co-regulators Working
Group.

Mr. Barbour said many of the other councils provided little,
outdated and even no information about asbestos to the community.

On the Hills Council's website, government information about fibro
and asbestos can be found by clicking on the Planning and
Development tab at thehills.nsw.gov.au.

Holroyd's site includes details of the council's ongoing campaign
around asbestos and the outcomes of its lobbying efforts.

The council is campaigning for demolition control to be returned
to councils, for the removal of state-controlled tipping fees,
best practice removal/disposal and the creation of a single
independent authority to deal with all asbestos matters.

"Council would also support free, or cheaper rates, for the
disposing of asbestos in tips as this would go a long way to
reducing illegal dumping," the spokeswoman for Hornsby Council
said.

Inhaling asbestos fibers can cause serious lung disease and affect
other organs years after exposure.

Historically, the workers most at risk from exposure to asbestos
were workers involved in asbestos mining operations, manufacturing
processes and installers of asbestos materials.

In 2011, the most common non-occupational exposure was through
home renovation-related activities, followed by car maintenance.

The Facts

     -- Asbestos was used in more than 3000 products before
finally being banned in 1991;

     -- James Hardie was the largest manufacturer of asbestos
building products;

     -- The company relocated off-shore to The Netherlands, and
later Ireland, in 2001, leaving the Medical Research and
Compensation Foundation;

     -- It was later found to be short about $1.3 billion; and

     -- The late Bernie Banton, who died of asbestos diseases in
November 2007, campaigned to have James Hardie made responsible
for victims' compensation.

Tips: What You Should Know

     -- Asbestos can release fibers into the air when disturbed;

     -- Most people cannot tell if building materials contain
asbestos just by looking at them, it is not always possible to
detect asbestos just by looking at it -- have a licensed asbestos
removalist inspect it;

      -- Never cut, drill, scrape, water blast, disassemble or
dump building materials that may be asbestos without taking the
required safety precautions;

      -- Never clad over asbestos material unless it can be done
without damage to the asbestos; and

      -- When removing asbestos, wear disposable overalls, wet
material to minimise dust, consult the Work Cover safety guide:
http://www.workcover.nsw.gov.au


ASBESTOS UPDATE: Geely Voluntarily Recalls MK Units in Australia
----------------------------------------------------------------
Mike Stevensof The Motor Report (AUS) says that a voluntary recall
has been announced for Geely's MK light car in Australia,
following confirmation of the discovery of asbestos in engine
gaskets.

The announcement comes just months after asbestos was found in
nearly 25,000 models from Chinese compatriots Great Wall Motors
and Chery.

Unlike the Great Wall utes and SUVs, and the Chery passenger cars,
the Geely MK is sold only in Western Australia, due to the absence
of Electronic Stability Control in the light car.

The Geely recall will see owners contacted by mail, inviting them
to have the affected parts replaced in a process it says will take
around 90 minutes.

Affected Great Wall and Chery models however will keep the
components, with the ACCC approving the application of a warning
sticker and the assurance of replacement if necessary.

The ACCC has approved the same steps for the Geely MK.

For the Geely MK, an assessment carried out by GCG Healthy Safety
& Hygiene describes the risk of asbestos exposure to occupants as
"negligible."

"During normal operation of these vehicles, the gaskets will not
release measurable quantities of respirable asbestos fiber.
Gaskets identified as containing asbestos are separate from cabin
ventilation systems," the report reads.


ASBESTOS UPDATE: GARDS Members, Supporters Meet at The Rose Garden
------------------------------------------------------------------
The Latrobe Valley Express reports that sufferers of asbestos
related diseases (ARD), their loved ones and other community
members gathered to remember those who have died, and vowed to
continue the fight for awareness and justice on Friday, Nov. 30.

Gippsland Asbestos Related Disease Support (GARDS) members and
supporters gathered at the Morwell Centenary Rose Garden where
five guest speakers talked on a range of asbestos-related issues.

Celebrant Beryl Stevens officiated an ecumenical service.

GARDS chair Vicki Hamilton called for attendees to voice their
concerns about a Federal Government-released householders guide,
which downplays the risk of asbestos to renovators, and encouraged
them to write and call the Department of Health and Ageing for its
removal.

Speaker Ann Bishop, whose father Daniel Bryce died this year of
mesothelioma, told the crowd how GARDS helped her and her father
toward the end of his life.

Following the speakers a ceremony was held in which families could
lay flowers and pay tribute to their loved ones.

The Coal Valley Male Chorus and Newborough Primary School choir
performed, while a poem was also read by Ms. Hamilton, who lost
her father to an asbestos related disease.


ASBESTOS UPDATE: Fibro Pushes Medway Project Completion to March
----------------------------------------------------------------
Jessica Trufant of The Melford Daily News reports that Selectmen
in August voted to begin the process of knocking down the
dilapidated home at 5 West St. in Medway with the intention of
having it leveled by Nov. 30 -- but the discovery of asbestos in
the home may push the demolition back to March.

Building Commissioner John Emidy told the Board of Selectmen
Monday night (Dec. 3) that demolition bids came back last week,
with the lowest bid at $12,000 -- $3,000 less than Emidy estimated
-- but the town may not meet the 30-day limit for entering a
contract due to asbestos found in a rusted oil tank.

The town must have contamination and asbestos testing done in the
home, despite its dangerous condition.

"It's so unsafe you can't really get in there.  It's so unsafe,
the bathtub is in the cellar," Emidy said.  "It's really, really
unsafe in the building."

Bids for testing came back at $1,655, Emidy said, but the town
will then have to go out to bid for the removal of the asbestos,
which he estimated would cost no more than $5,000.

"The timing is critical for the abatement to meet the 30-day price
proposal," said Town Administrator Suzanne Kennedy, who estimated
that the demolition might not happen until March.


ASBESTOS UPDATE: Old Delphi Plants Abatement Eyed in Mid January
----------------------------------------------------------------
Thomas Gnau of The Dayton Daily News reports that The remaking of
an historic section of West Dayton is ready to move forward.

Dayton City Commission's passage last week of an agreement between
the city of Dayton and Home Avenue Redevelopment LLC is a key step
on the way to redeveloping former Delphi factories in West Dayton,
and transferring the nearby original Wright Brothers airplane
factory buildings to the Dayton Aviation Heritage National
Historical Park.

The agreement makes Home Avenue Redevelopment responsible for the
acquisition, demolition, clean-up and improvement of former Delphi
plants east and west of Abbey Avenue.  A $3 million grant awarded
last summer by the Ohio Department of Development's Clean Ohio
Revitalization Funds program made funding possible.

Brad White, principal with Home Avenue Redevelopment as well as
Mason-based Hull & Associates Inc., expects to get title on the
property from DPH Holdings -- which owns the properties Delphi
discarded in its bankruptcy stint -- early this month.  What comes
next is asbestos abatement, materials salvaging and recycling and
demolition work, he said.

Home Avenue Redevelopment has control of the former Delphi and
Wright Airplane factory buildings south of Third Street, north of
U.S. 35 and bounded to the west by South Upland Avenue, with
another parcel east of Abbey.  All former Wright properties are
east of Abbey.

As far as White is concerned, time is of the essence.

"In a construction project, you make or break your project on
getting things done quickly," White said.

Timothy Downs, Dayton deputy economic development director, said
approval of the agreement was the "last major hurdle" for physical
construction work to begin.  The goal is to demolish most if not
all of the former Delphi buildings while transferring Wright
buildings one to five to the National Aviation Heritage Alliance,
and then the national park.

But Downs said it's possible the alliance will oversee the Wright
buildings permanently.

White said his firm is looking at demolition contractors for the
site, with asbestos abatement being the next "big step," happening
perhaps in mid-January.  As soon as asbestos is cleared, metal
will begin to be recycled, he said.  A formal "groundbreaking"
could happen in January.

No companies other than local alternative materials manufacturer
Liteflex have expressed interest in the site, at least to White.
But that doesn't concern him, he said.

"People don't really start seeing the vision for the end-point
until you start making progress with the project," he said.
"Right now it's a big brownfield."


ASBESTOS UPDATE: Norfolk Island Hopes to Ship Out 60 Tons of Fibro
------------------------------------------------------------------
The ABC News (Aus) reports that it is hoped crates of asbestos
building up at Norfolk Island's tip could soon be shipped to the
mainland for disposal.

About 60 tons of the hazardous material has been removed from
homes and buildings and stored at the waste centre since 2004.

The island's Community Services Minister Timothy Sheridan says it
needs to go through quarantine before it can be brought into
Australia.

He says a new shipping route is being introduced that will
transport the asbestos from Norfolk Island.

"With it departing from Brisbane, that's a full quarantine port so
they have facilities there to treat any goods that come into
Australia that need treatment.

"We see this as a positive because besides the asbestos we also
have something like 5,000 car batteries that we've been trying to
get rid of."

Mr. Sheridan says it will help them to better deal with the
buildup of rubbish on the island.

"It's taking up a lot of room at our waste management centre," he
said.

"So if we can get rid of the 5,000 car batteries and the 60 tons
of asbestos it's going to clear the way for a lot of other goods
to be stockpiled there.

"Hopefully in the next 12 months we'll be able to work out a
regime with AQUIS in Australia and get a smooth flow of our
recyclables off Norfolk Island."


ASBESTOS UPDATE: Shelby School Head Stresses Montevallo Is Safe
---------------------------------------------------------------
Martin J. Reed for Alabama Live (al.com) reports that Shelby
County School District Superintendent Randy Fuller on Dec. 3
emphasized Montevallo Elementary's safety amid ongoing concerns
about mold and asbestos contamination that earlier prompted
parents to keep their kids from attending class.

"We are going to do a complete cleaning of this building: every
classroom, every wing of this building," Fuller said.  "We are in
the process of doing that cleaning now.  We want everyone to know
that Montevallo Elementary is a safe environment."

His statements came during a meeting attended by media, school
district representatives and leaders and the consulting firm that
conducted the mold testing in the building. A private meeting with
faculty was set to follow.

Although members of the school's parent-teacher organization were
invited, none attended.  The meetings happened after a couple
dozen parents that morning decided to keep their children away
from the school due to health fears.

Fuller's message to those concerned about mold in the building:
"We would never do anything to put any of our students in harm's
way."

After sending out a letter to parents last Friday, Nov. 30, about
testing and correction involving the mold problems, Fuller said he
plans to issue another message to reassure them that results show
a safe environment for students and workers.

"We're going to do everything we can to get that information out,"
he said.

Bill Young, president of ERG Environmental based in Pelham, said
testing his company conducted since September concerning the
presence of mold in the building shows isolated issues.  Tests
compared levels of mold spores from inside and outside the
building.

With the latest test on Nov. 26, Young said, "Everything in this
school is normal."

His company performed initial air quality tests for mold spores on
Sept. 21-22.  "We took a number of samples outside and inside.
The entire school compared favorably with the outside . . . except
one classroom," he said.

A second round of air sampling on Nov. 14 showed the interior
comparing favorably compared to the outside results, he said,
noting that he recommended one classroom undergo "additional
cleaning" that happened on Nov. 20.

"Comparatively, your school is in great shape compared to the
outside air," Young said.

When asked about the school's condition recondition regarding
mold, Young replied, "Absolutely safe.  My child is exposed to
more mold in my house because we have three dogs."

He told the group of about 30 people gathered in the school's
library that mold is everywhere.

"It's on our clothes right now.  We need mold to break down
organic matter to replenish nutrients in our soils," he said.  "We
are always going to have a little mold in our buildings.  Our
counts should always be at or below what our outside counts are."

Concerning the asbestos worries that people may have, Young said
his company has been the asbestos consultant for the Shelby County
school system since the early '90s.  "They're more up to date on
their records and training than many of the school systems in the
state," he said.

An audit by the U.S. Environmental Protection Agency in 2007
showed "only a couple of minor deficiencies," Young said.
"There's asbestos . . . but Shelby County Board of Education is
doing everything they need to maintain safe conditions in their
school throughout the county, not just here."

He said a representative of the U.S. Environmental Protection
Agency will visit the area "for another audit of the school system
paperwork" concerning asbestos records.

Fuller said he expects work to correct the mold issues to finish
in about four to six weeks.  Another round of testing will happen
soon to gauge mold presence throughout the building and to
determine if it's safe to return about 100 fifth-graders from
temporary classrooms.

"We want to be very transparent in what we're doing here," Fuller
said.  "We would not put any of our students in harm's way or put
them in an unsafe environment."


ASBESTOS UPDATE: India OKs Asbestos Onboard Aircraft
----------------------------------------------------
Manu Pubby of The Indian Express (New Delhi) reports that more
than two months after the Admiral Gorshkov aircraft carrier
suffered an embarrassing setback after its boilers malfunctioned
during high speed trials in the Barents Sea, India has given a go
ahead to the shipyard in charge of the project to use asbestos
based insulation as part of the extensive repair package.

The aircraft carrier, which was to be handed over to India this
month after a series of delays, suffered yet another roadblock
after the insulation on its boilers broke down while the warship
was carrying out sea trials, causing damage to critical equipment.

An analysis revealed that the fire-brick insulation that was used
on the refurbished warship proved inadequate to handle the high
temperatures and broke off.  This lead to several media reports in
Russia that blamed the Indian Navy for insisting on not using
asbestos for insulation.  Some reports even claimed that Chinese
fire brick insulation was used, leading to a swift denial by
Beijing.

However, Navy Chief Admiral D K Joshi clarified on Monday, Dec. 3,
that India was never against the use of asbestos-based insulation
for the warship's boilers in the first place but that the decision
was taken by the contractors who are refitting the old warship.

"The insulation inside the boilers had become misplaced.
Initially it (the insulation) had been kept asbestos free, which
was a contractual stipulation.  We had nothing to do with that
decision.  It was an internal decision of the supplier," Admiral
Joshi said, adding that the Navy became aware of the asbestos
issue only after the snag developed during the trials.

The Navy has now decided to give the shipyard a go ahead after it
proposed that the asbestos lining would be better.  "We have
concurred to their proposal that they want to go for asbestos
based lining.  This being a sealed unit, the environmental
degradation factor externally is negligible.  So we have
concurred," the Navy Chief said.

Speaking on the other major project of the Indian Navy, the
Admiral said that "good news" is expected soon on the Arihant
indigenous nuclear missile submarine that is currently undergoing
harbour trials in Visakhapatnam, hinting that the nuclear reactor
of the boat would soon go critical.


ASBESTOS UPDATE: Ohio Senate Panel Passes Anti-Double-Dipping Bill
------------------------------------------------------------------
Julie Carr Smyth, Statehouse Correspondent for The Associated
Press, reports that an Ohio Senate committee advanced a bill
Tuesday, Dec. 4, aimed at curbing duplicate lawsuits over on-the-
job asbestos exposure in a state with one of the largest backlogs
of such cases in the nation.

The bill cleared the committee along mostly party lines, and the
full Senate was to vote on the measure Wednesday, Dec. 5.

The House in January approved the bill, which preserves victims'
rights to sue when harmed by the powdery white carcinogen and
doesn't cap the damage awards they can receive.

The legislation would require workers to divulge all asbestos
claims filed by them or on their behalf or face perjury charges.

Proponents say it would prevent double-dipping by victims, who
have two separate ways of pursuing damages: trusts set up by
sometimes bankrupted companies to compensate victims or lawsuits
against active businesses.

But opponents say the bill impedes legitimate claims.  They say
its passage would make Ohio the first state in the country to
impose such claims restrictions.  Similar legislation has been
introduced in Oklahoma, Louisiana, Texas and West Virginia and in
the U.S. House and Senate.

Asbestos claims are accelerating nationwide, and more than 8,500
U.S. companies in sectors representing 85 percent of the U.S.
economy are defending asbestos-related claims, according to
legislative analysts.  The U.S. Supreme Court has labeled it a
crisis.

"The problem with the two tracks is that there is a lack of full
transparency between them," says a fact sheet by proponents led by
the business-backed Ohio Alliance for Civil Justice.  "In a
lawsuit, claimants may tell the court about claims already made on
trusts.  However, they are not obligated to tell the court if they
plan future claims to trusts.  As a result, the system is rampant
with inconsistent claims, fraud and 'double-dipping' from the
trust accounts, and from lawsuit awards."

Cuyahoga County, home to Cleveland, had more than 5,700 pending
cases on its special asbestos docket at the end of September,
according to information from the Ohio Supreme Court.  That places
the county among America's busiest asbestos dockets.  Cases are
also pending in more than 70 of Ohio's 88 counties.

A coalition representing asbestos cancer victims says the bill
protects corporations at the expense of victims.  The group points
out that Ohio has the eighth highest rate of death in the U.S.
from the asbestos-related disease mesothelioma -- at least 1,356
people since 1999, and potentially many times that number of
actual victims.

"This bill is designed to give a handout to the asbestos industry
while robbing dying cancer victims of their constitutional
rights," said Anthony Gallucci, president of the Asbestos Victims
Coalition.  "The asbestos industry should be held accountable for
the thousands of deaths and injuries."

Bob Groff of Avon and his granddaughter Sarah Groff Edelman both
were diagnosed with mesothelioma after years of performing brake
work in Groff's garage.  Groff said his granddaughter, diagnosed
at 21, survived through numerous painful surgeries.

"We need Gov. (John) Kasich and Ohio's senators to stand up to the
corporations that have killed thousands of our neighbors and
brought pain and misery to their families," Groff said in a
coalition statement.  "Too many Ohio workers have died.  Our
elected officials should not limit justice."

The bill stems from model legislation developed by the
conservative American Legislative Exchange Council, which has
drawn attention for the entree it has recently gained at
statehouses through efforts including opulent, corporate-backed
conferences not always subject to normal disclosure rules.


ASBESTOS UPDATE: Failed Kensington Project Inspector Pleads Guilty
------------------------------------------------------------------
Phil Fairbanks of The Buffalo News reports that the botched
demolition of one of Buffalo's oldest public housing complexes
took a new turn on Tuesday, Dec. 4 -- an admission that workers on
the project tried to cover up the illegal removal and disposal of
asbestos.

Henry Hawkins, a compliance monitor on the failed project at
Kensington Heights, admitted falsifying inspection reports in
order to protect Johnson Contracting, the Buffalo company hired to
remove asbestos from the complex's six towers.

Hawkins' admissions -- he is the first defendant to be convicted -
- are part of a deal that allows him to plead guilty to a
misdemeanor charge in return for his promise to cooperate with
federal prosecutors.

"There is a cooperation clause in the plea agreement," said
Patrick J. Brown, Hawkins' defense lawyer.  "It's a very serious
charge and this seemed like an appropriate way to resolve it."

Hawkins was one of 11 defendants -- nine individuals and two
companies -- charged in a 23-count indictment related to the
asbestos-removal project at Kensington Heights on Fillmore Avenue.
The defendants include three inspectors -- one from the state and
two from the city.

As part of his plea deal, Hawkins said he and Rai Johnson, a
supervisor at Johnson Contracting, worked together to cover up the
fact that asbestos remained in four buildings they had certified
as clean.

"Rai Johnson wrote in his log book that all the asbestos had been
removed," Assistant U.S. Attorney Aaron J, Mango said in court.
"At the time he wrote that, all the asbestos had not been removed.
And the defendant knew all the asbestos had not been removed."

Kensington Heights, which is located behind the Erie County
Medical Center, has been a symbol of decay and abandonment for
three decades.

Visible from the Kensington Expressway, the 17-acre complex is
owned by the Buffalo Municipal Housing Authority and was targeted
for demolition three years ago as part of a larger plan to
redevelop the site into a $105 million retirement community.

The charges outlined in the indictment center around the work of
two companies -- Johnson Contracting and JMD Environmental Inc. of
Grand island -- and the allegations that they violated the federal
Clean Air Act by improperly removing and disposing of asbestos.

The federal indictment alleges that from June 2009 to January
2010, Johnson Contracting and two of its managers -- Rai Johnson
and President Ernest Johnson -- instructed workers to dump
asbestos down holes cut in the floors of each building.

They also are charged with failing to wet the asbestos and leaving
it in open containers.

Mango has said in the past that the government is likely to
dismiss the charges against Johnson and JMD because the two
companies are now out of business.

Hawkins' admissions -- he pleaded guilty to being an accessory
after the fact -- is significant because it was his employer, JMD,
that was accused of conspiring with Johnson.  The company was
hired to conduct air-sampling tests and other oversight work but,
according to prosecutors, failed to do those tests properly.

The indictment also charges a now retired state Labor Department
inspector, Theodore Lehmann, and two city inspectors, Donald
Grzebielucha and William Manuszewski, with falsifying inspection
reports.

In the year since the indictment was announced, the BMHA has made
progress in resuming the asbestos abatement and demolition work at
Kensington Heights.

The authority has torn down one of the six towers and has removed
the asbestos from a second tower awaiting demolition.


ASBESTOS UPDATE: Fibro Warnings Around UNT Project Jolt Students
----------------------------------------------------------------
Monika Diaz at WFAA.com reports that students on their way to
class at the Language Building at the University of North Texas in
Denton were puzzled by the asbestos warning signs posted next to
the entrance on Fry Street.

"I'm surprised that no one said anything and the whole
construction thing is happening," said student Melanie Villatoro.
"I don't know if it's just in this part of the building.  It's
kind of worrisome."

Other students had similar concerns . . . and questions.  One of
them e-mailed News 8 with video from inside the building.  It
showed students talking and studying near the project area.

Jessica Hahn noticed a strange smell coming from the room.  "I
didn't think anything of it, but when I walked pass that, it kind
of freaked me slightly, only because it was immediately in my
face," Hahn said.

Products containing asbestos, when disturbed, can release tiny
fibers into the air.  Inhaling them can cause serious lung
problems, including cancer.

According to UNT, workers are remodeling an office in the
building.

"It's tile flooring that has asbestos in it, which is very common
in the late 70s," said UNT spokesman Buddy Price.  "It is being
removed by an EPA-permitted company, so it is very, very safe."

Price understands the concerns the signs caused, but he said
workers are taking precautions.  They sealed the office with a
protective cover, and an independent firm is continually testing
the air quality.

"Our first concern is the safety and welfare of our students, our
faculty and staff," Price said.  "If there was any danger at all,
we would not be doing that work."

The project started on Monday, Dec. 3.  The work is expected to
complete Wednesday, Dec. 5.


ASBESTOS UPDATE: Bags of Fibro Found Under North Manitoba School
----------------------------------------------------------------
CBC News Manitoba reports that a northern Manitoba First Nation
has shut down its only school amid fears about asbestos under the
building.

The Berens River First Nation's chief and council closed the
school earlier, after construction crews found what appeared to be
bags of asbestos under the foundation.

"They took it and stored it underneath the school," Chief George
Kemp told reporters in Winnipeg on Tuesday afternoon (Dec. 4).

"If you're going to remove a dangerous material, you don't take it
and put it underneath a school."

The chief said the Frontier School Division recently conducted an
asbestos abatement program at the school, but he wants to know why
bags of asbestos were left behind.

Kemp and the First Nation's lawyers called on the Manitoba
government to investigate the matter.

In the meantime, the school will remain closed until it is deemed
to be safe, he said.

"My concern right now is, you know, a lot of workers that have
worked in that building have complained and complained and
complained about being sick," Kemp said.

In a statement, the province said the school division has made
arrangements for an independent expert to fly to Berens River to
inspect the school.

"Unfortunately, based on our knowledge, this expert has been
unable to get access to the school due to an order by chief and
council," the province's statement read in part.

"We hope community leaders will grant the expert access to the
school to confirm it is safe so that students can return to class
as soon as possible."

The province said the Frontier School Division conducted air
quality tests at the Berens River school in 2010, at the
community's request, and determined that asbestos remediation
needed to take place.

The division hired a qualified asbestos remediation company to
remove the material from the school safely, the province said.

Berens River is about 300 kilometers north of Winnipeg.


ASBESTOS UPDATE: Fibro Found In Vintage Steam Engine Contained
--------------------------------------------------------------
Wilma Mccorkindale of The Southland Times relates that staff
cleaning vintage steam engine Josephine were never at risk from
asbestos found in the locomotive's hulk, Toitu Otago Settlers
Museum director Linda Wigley says.

Ms. Wigley said museum management followed strict procedures.
Decontamination had immediately been carried out, eliminating
risk.

Dunedin community newspaper D Scene was told this week staff
discovered the asbestos while cleaning the engine in readiness for
display.

The handling of the problem was delayed, sources told the
newspaper.

A large warning sign and emergency tape surrounded Josephine as
specialists in protective clothing and masks worked on the engine
in the museum's new foyer on Friday, Nov. 30.

D Scene has been told the workers were applying polyurethane,
despite the signage which indicated they were removing asbestos.
D Scene photographed the scene minutes before a media gathering to
witness the official handover of the almost-complete $40 million
museum redevelopment project to Ms. Wigley.

Recently, Ms. Wigley confirmed collections staff cleaning the
engine discovered the asbestos.

She could not recall how long ago.  However, she expressed 100
percent confidence in the way the highly hazardous substance was
handled, and said there was no delay in dealing with it.

Correct protocols were followed in consultation with the Ministry
of Business, Innovation and Employment, which incorporates the
former Department of Labour.  Staff were not asked to continue
working on the engine after the asbestos was found, as far as she
was aware.

Exposure to asbestos can lead to lung cancer.

Dunedin City Council issued a statement offering reassurance all
was well with Josephine and that there was no risk to museum
visitors from asbestos.


ASBESTOS UPDATE: NDP Slams Conservatives' Support on Chrysotile
---------------------------------------------------------------
The Sikh Sangat News (Ottawa) reports that speaking in the House
on NDP motion M-381 concerning the responsibility of the
government for the current state of the asbestos industry in
Canada, New Democrat critic for Asia Pacific Gateway, Jasbir
Sandhu (Surrey North) called on the Conservatives to stop
supporting and promoting the production and export of dangerous
chrysotile asbestos.

"Despite the clear body of medical and scientific evidence that
asbestos causes cancer and other serious health problems, Canada
has sponsored and funded 160 trade missions in 60 countries to
promote asbestos," said Sandhu.  "The Conservatives have been
giving $250,000 per year to the Chrysotile Institute, a lobby
group from the asbestos sector that denies the medical consensus
and promotes asbestos sales internationally.  This is
unacceptable."

For years, Conservatives have worked to block the international
consensus on adding chrysotile to the United Nations list of
dangerous substances.

"With this motion we are asking them to stop their wrong-headed
support of asbestos once and for all, and establish an industrial
restructuring plan for the industry in Canada", said Sandhu.

Motion M-381 calls for the inclusion of chrysotile asbestos on the
Rotterdam Convention list of dangerous substances, the
establishment of an industrial restructuring plan towards
sustainable economic sectors for communities affected, as well as
an inventory of contaminated federal buildings.


ASBESTOS UPDATE: Japan Must Pay JPY1.06 Billion to ARD Victims
--------------------------------------------------------------
The Japan Times reports that the Tokyo District Court ordered the
central government Wednesday, Dec. 5, to pay JPY1.06 billion in
redress on behalf of workers who contracted asbestos-related
diseases such as lung cancer at construction sites due to
insufficient official countermeasures, but it let the makers of
materials using the mineral off the hook.

It was the first ruling to acknowledge the state's responsibility
among class-action lawsuits filed with six regional courts over
construction workers' exposure to asbestos.  In the first ruling
on the lawsuits, the Yokohama District Court in May ruled totally
against the plaintiffs.

In the suit filed with the Tokyo court, the plaintiffs -- former
construction workers and the next of kin of deceased workers --
demanded a total of JPY11.8 billion in compensation from the state
and 42 manufacturers of construction materials containing asbestos
in connection with 308 former workers in the Tokyo metropolitan
area who suffered asbestos-related diseases, including 199 who
have died.

The 308 workers used to deal with materials containing asbestos
mostly in and after the 1960s.  The plaintiffs demanded that
JPY38.5 million be paid for each worker, accusing the state of
failing to take protective steps until 2003, when it prohibited,
in principle, the production of materials containing asbestos.
They are also demanding that manufacturers be held responsible as
well.

While waiving the manufacturers' liability, presiding Judge
Masamitsu Shiseki held the state responsible and ordered it to pay
compensation in connection with workers who suffered asbestos-
related diseases after engaging in indoor work in or after 1981.

The central government argued that it introduced appropriate
regulations after considering the available medical knowledge as
well as social and economic conditions in a comprehensive manner.
Asbestos, a naturally produced fibrous mineral, was used often in
construction materials for insulation and fire protection.  But
its use was gradually restricted as it was found that inhaling the
substance could cause lung cancer and other diseases.

It was revealed in 2005 that residents near a factory run by
machinery maker Kubota Corp. in Amagasaki, Hyogo Prefecture,
suffered asbestos-related diseases.


ASBESTOS UPDATE: Cleanup of Sydney's Power Substations Begins
-------------------------------------------------------------
The Australian Associated Press reports that workers will be
removing asbestos from some of Sydney's small underground power
stations over Christmas in a bid to rid the power industry of the
potentially deadly material.

Asbestos will be removed from 10 small electricity substations
around the city over the coming months, including at Circular Quay
and Hyde Park, Ausgrid said.

It comes after the Electrical Trades Union (ETU) released internal
Ausgrid documents last month which showed about 49 cases of
asbestos-related illness linked to the company in 22 years.

The ETU had said there is still friable -- or easily crumbled --
asbestos at underground electricity substations and meter boards,
and called on the electricity companies to undergo an audit and
remove it.

But an Ausgrid spokesman told AAP that the Christmas cleanup was
part of the provider's "normal asbestos removal program" for more
than 250 substations under the city's footpaths and roadways.

He said most of the work will take place during the night to
minimize disruption, with a small number of people set to
experience interrupted electricity supply.

"Asbestos was a common material used in buildings and for
insulation throughout electricity networks before the 1990s," he
said.

"It was used as an insulating material for electrical wiring or
cable bandages, in fire doors as well as in underground pits or
substations, switchboard and cement sheeting or tiles."

The removal and remediation of the asbestos will generally involve
setting up an exclusion zone, air monitoring, and decontamination
areas, he said.

Anyone affected by electricity cuts will be notified of any
planned interruption.

But an ETU spokesman told AAP the removal of asbestos from
Sydney's substations was "not a matter of coincidence."

Following advice from the union about asbestos being present at
the 10 locations, workers had been refusing to enter the sites, he
said.


ASBESTOS UPDATE: Oak Ridge Federal Building Cleanup In January
--------------------------------------------------------------
WBIR.com reports that work will begin soon to remove asbestos from
a federal building in Oak Ridge.

The Joe L Evins Federal Building closed indefinitely back in June,
after an annual inspection found asbestos in the heating and
cooling units.

The U.S. General Services Administration awarded the clean-up
contract to Katmai Support Services, LLC.

The work is expected to start in January and run through April.
Hundreds of Department of Energy employees, support service
contractors and Congressman Chuck Fleischmann's district office
had to be moved from the federal building when the asbestos was
found.

They will continue working at other D.O.E. facilities and leased
offices until the clean-up is finished.


ASBESTOS UPDATE: CCS Pushes for Public Registry to Be Mandatory
---------------------------------------------------------------
The Canadian Press reports the Canadian Cancer Society says
Saskatchewan's move to make public a registry of government
buildings that contain asbestos is a good first step.

The society says Saskatchewan has shown leadership by being the
first province in Canada to do so.

But the group says the province should go further and make the
registry mandatory for all public buildings.

The registry is to include the legislature, court houses and
equipment storage buildings.

But it will be voluntary for schools, hospitals and health region
buildings.

The society says students, patients and staff deserve the same
protection from asbestos, which can cause cancer if the fibers are
inhaled.

Asbestos is typically found in building materials such as
insulation.  It is not considered harmful if undisturbed, but
renovations or construction work stir up hazardous fibers.


ASBESTOS UPDATE: School Governors Take Over Cwmcarn High School
---------------------------------------------------------------
BBC News South East Wales reports that a school closed after
asbestos was found has been taken over by its governors.

The 900-pupil Cwmcarn High School in Caerphilly county closed
suddenly in October after a structural report identified asbestos
in the main block.

Parents have expressed concern at its long term closure but the
school's foundation status means governors can assume full control
of the premises.

Caerphilly council expressed its "concern and disappointment."

The school governors have been asked to comment.

The council said a separate, independent investigation into
asbestos management at the school was being carried out by the
Health and Safety Executive, and would continue.

It said the governing body would now "take full responsibility and
liability for the site", and "plans by the council to commission a
full and thorough asbestos survey have now been thwarted by the
actions of the school governors."

Council leader Harry Andrews said: "Our main priority has always
been the health and wellbeing of pupils and staff at the school.

"We took swift and decisive action when the scale of the asbestos
problem was identified and we planned to undertake further
investigations to discover the full extent of the problem before
agreeing a way forward.

"Unfortunately, the governing body have now frustrated this
process by insisting that they take full responsibility of the
site, as is their right as a foundation school, but we wanted to
work with them to try and resolve this issue as quickly as
possible."

He added: "We will be writing to parents and staff explaining the
implications of this decision.

"Our key responsibility remains the welfare and education of the
pupils and we will be closely monitoring the governors' actions at
the school.

"Parents can rest assured that the council will not allow any
pupils to return to a building that poses any health risk to their
children."

The school closed after a structural report identified asbestos in
the main block, and students are being educated at Coleg Gwent's
Ebbw Vale campus for the rest of the school year.

The report said asbestos in the roof may have been blown by the
heating system and airborne fibers were 10 times higher than the
accepted levels.

The union Unison said at the time that demolition was the safest
option for staff and pupils.

The survey revealed the building "poses potential serious risk to
health" and should be demolished, as recommended by a previous
inspection.

The school's website carries a petition from a parent support
group, which says: "This document will be used to petition
Caerphilly County Council and the Welsh Assembly Government for
guarantees that our school 'Cwmcarn High' will NOT close
indefinitely."

The Welsh government ordered all schools to report on asbestos
levels.


ASBESTOS UPDATE: Anti-Double-Dipping Bill Clears Ohio Senate
------------------------------------------------------------
Julie Carr Smyth, Statehouse Correspondent for The Associated
Press, reports that a bill aimed at curbing duplicate lawsuits
over on-the-job asbestos exposure in a state with one of the
nation's largest backlogs of such cases has cleared the Ohio
Senate.

Senators approved the divisive legislation Wednesday, Dec. 5.  It
would require workers to divulge all asbestos claims filed by or
for them or face perjury charges.

Proponents say the proposal prevents double-dipping by victims,
who have two separate ways of pursuing damages: trusts set up by
sometimes bankrupted companies to compensate victims, or lawsuits
against active businesses.

Opponents say the bill impedes legitimate claims.  They say its
passage makes Ohio the first state in the country to impose such
claims restrictions.  Similar legislation has been introduced in
Louisiana, Oklahoma, Texas and West Virginia and in Congress.

Senate changes still need House approval.


ASBESTOS UPDATE: Ambler Project to Examine Impact of Fibro
----------------------------------------------------------
Thomas Celona of The Times Herald reports that as a child growing
up on Maple Street in West Ambler, Ruth Weeks used to play outside
all the time, climbing up and down, in and out of a huge pile
nearby.

"I thought it was snow," she said.

That pile of "snow" she now knows was a pile of asbestos.

Weeks' story isn't unlike those of most people who grew up in
South or West Ambler.

"We just didn't realize any risk," she said.

Decades later, the full extent of the risk from asbestos isn't
fully known, and a lot of questions remain.

But one thing that's for certain is asbestos has had a huge impact
on the Ambler community.

The extent of that impact -- both medically and socially -- is the
subject of a new project that will take a holistic view of how the
Ambler area has been shaped by the legacy of asbestos
manufacturing.

Penn Medicine recently received a $1.2 million grant from the
National Institutes of Health to create an educational program
exploring the community's history with asbestos.

Ambler emerged as an asbestos manufacturing town with the growth
of the Keasbey and Mattison Co., which operated from 1897 to 1934.
Keasbey and Mattison's legacy remains clear in the Ambler skyline
with the Ambler Boiler House, along with several remaining
manufacturing buildings in South Ambler.  Asbestos production
continued through the 1980s before the risks and contamination of
asbestos were realized.

The asbestos production led to two EPA Superfund sites: the Ambler
Asbestos Piles -- often called the "White Mountains" -- in South
Ambler, which lies in Ambler Borough, and the BoRit Asbestos site
across Butler Avenue in West Ambler, which falls in Ambler, Upper
Dublin and Whitpain townships.

"We have been interested in the issues out in Ambler for a couple
of years now," said Dr. Frances Barg, an associate professor of
family medicine and community health at UPenn and the principal
investigator for the new grant project.

Her colleague, Dr. Edward Emmett, a professor of occupational and
environmental medicine, has become involved in the issue, serving
on the Community Advisory Group for the BoRit site.

"One of the things that he wanted to understand better was how
people's lifestyles might have," Barg said.  "What's the
relationship between someone's working conditions, the activities
they did outside of work, how that might have affected the kinds
of exposures they had to asbestos?"

With Barg's expertise in anthropology and Emmett's in medicine,
they decided to team up for a project that would look at both the
medical and social impacts of asbestos in Ambler.

They applied for the NIH grant, and after more than a year of
waiting, they found out in late summer they would be receiving the
grant, according to Barg.

The project will explore two main issues, the first being the
uncertainty that exists around asbestos.

"There's a lot of information out there and a lot of
misinformation out there," Barg said.  "We know some things about
asbestos, but we don't know everything about asbestos."

The project will aim to clear up misconceptions and provide
information to residents about exactly what is and is not known
about asbestos and its impact on human health.

The second aim of the project will examine the broader social and
community impact asbestos has had on Ambler.

"The other thing we heard very loud and clear is people are
worried about more than just their health," Barg said, noting they
are concerned about the community and how it moves forward.  "We
think it's very important for people to be able to talk about, in
a public way, what this has meant to them so scientists can
understand the broader effects asbestos has had on the community."

The grant covers five years of work by Barg and her team.

"Our plan is to spend the first year talking to people and trying
to learn about what are the issues that people want to have
information about," she said.  "We would really like to hear from
community members, from scientists, from experts about what people
feel are the important issues we all need to learn about."

The team will then work to collect as much information as possible
about the different subject areas, with the goal of creating a
exhibit at the Chemical Heritage Foundation in Center City by the
third year of the project.  The exhibit would display recorded
interviews, documents, photographs, life stories, news accounts
and scientific data, according to a press release about the grant.

In addition to the exhibit in Center City, all the information
will go into an online database, and the team also hopes to do
something in Ambler, according to Barg.

While the project will focus on Ambler, Barg said there's the
potential for the study to become a case study for similar
communities.

"I think that one of the things that is important about Ambler is
that there are lots of communities like Ambler where an industry
was vital to its health . . . and that industry may have had
different kinds of problems related to it, maybe in terms of
health.  Some of those industries may even still be operating,"
she said.  "The question is, 'How does the community deal with the
ramifications of being located near an old industrial site that
may have had an effect on the people in the community?'"


ASBESTOS UPDATE: Non-Friable Fibro Found In Glenunga Playground
---------------------------------------------------------------
Emma Altschwager of The Eastern Courier Messenger reports that
asbestos found in a Glenunga playground has posed a "minimal risk"
to the public, Burnside Council says.

Burnside's chief executive Paul Deb said the asbestos fragments
were found in a Kingsley Reserve playground and in sheeting and
pipe under a recently planted vegetable patch at Glenunga Croquet
Club.

Council staff found the fragments during a routine asbestos
investigation of the Kingsley Ave park this week.

"The vegetable patch and playground will be closed until any
contamination is resolved," the statement said.

Mr. Deb said the asbestos posed a "minimal risk" to the public
because early testing showed the fragments were "non-friable",
meaning they were less likely to be fibrous and airborne.

"(The) council is liaising with those who have been known to come
into contact with the soil in both areas and will keep them
informed," he said.


ASBESTOS UPDATE: Fibro Find at Cayon High School Relocates Classes
------------------------------------------------------------------
Jenise Ferlance at SKNVibes.com reports that on the heels of the
Basseterre High School air contamination issue, another high
school has found itself in a similar situation.

The discovery of asbestos was made in an unused building at the
Cayon High School (CHS) and has resulted in that structure being
scheduled for demolition.

SKNVibes learned that the asbestos was found through a crack in
the wall sometime during the school term (Sept. to Dec.) and that
the matter was reported to the Ministry of Education.

This media house also learned that an environmental health officer
visited the campus to test for asbestos although it was believed
to have been removed in its entirety in the 1990s.

The Ministry of Education notified the staff at the CHS that the
demolition process would begin anytime this month.

A sign is expected to be posted to alert the public of the
demolition.

The building which is expected to be demolished is one that has
not been used for a number of years and recently served as a SELF
book storage room.

This demolition action comes almost three weeks after teachers at
the Basseterre High School began a sit-in following unsuccessful
attempts to have their concerns about unsafe environment at the
school addressed.

The teachers were of the view that chemicals from abandoned
laboratories were causing them and students to fall ill.

Through the Teacher's Union, they announced that they would not be
holding classes until they were assured that the environment
within which they worked was safe.

A team of researchers from Trinidad came and did an assessment
which ruled out radioactivity as well as a number of gases, but
results for tests done for biological agents and respiratory
particulates were not readily available.

Since then classes have been relocated to Warner Park and the Old
Girl's School until the end of the school term.

The work on the building is expected to be completed before the
start of the next school term.


ASBESTOS UPDATE: Liberty Mutual Objects to NewPage's Exit Plan
--------------------------------------------------------------
Lance Duroni of Law360 reports that Liberty Mutual Insurance Co.
asked a Delaware bankruptcy judge on Thursday, Dec. 6, to reject
NewPage Corp.'s reorganization plan unless the paper manufacturer
takes steps to preserve the insurer's rights under certain
asbestos liability policies.

Liberty Mutual said in an objection that the plan contains an
"extraordinarily broad" exculpation provision that could be read
to release NewPage from an obligation to reimburse the insurer for
defense and indemnity of asbestos claims.

In 2005, NewPage assumed liabilities for asbestos-related claims
at mills it purchased from MeadWestvaco Corp. for $2 billion, and
Liberty Mutual asserts subrogation rights under asbestos policies
it had with the former owner, according to the objection.

The exculpation provision also "purports to release the debtors
from gross negligence, willful misconduct and actual fraud,"
Liberty Mutual said.  "This is contrary to law."

NewPage cleared a path out of bankruptcy in October when it
brokered a deal among its warring creditor factions with the help
of a mediator.  The resulting plan hands all the equity in the
reorganized company to senior noteholders owed $1.7 billion, while
preserving all of its various businesses and some 6,000 jobs.

But according to Liberty Mutual, the plan appears to allow NewPage
to alter the terms of the insurance policies and potentially
extinguish certain protections for the insurance company.

"This court cannot rewrite or change the policies, which is what
the plan purports to do," Liberty Mutual said.

The insurer demanded that NewPage insert "super pre-emptory" and
"neutrality language" so that its rights and defenses under the
policies are preserved.

Separately on Thursday, Dec. 6, plaintiffs in an antitrust action
against NewPage rival Stora Enso Oyj also voiced opposition to the
plan.

A NewPage settlement with Stora Enso enshrined in the plan
contains releases that could slash the Finland-based company's
liability in the price-fixing suit by 95 percent, "in violation of
the Bankruptcy Code and the well-established requirements in this
district for debtor-granted releases given the facts of this
case," the objection said.

NewPage's plan is also opposed by the state of Wisconsin, which
complained last week that the plan improperly handcuffs regulators
from enforcing the company's environmental cleanup duties at four
mills in the state.

In addition to handing control of the company to senior
noteholders, the plan also provides second-lien noteholders and
certain unsecured creditors with a pro rata share of $30 million
in cash and first dibs on proceeds from a litigation trust --
concessions the senior noteholders gave up in a settlement forged
through mediation with U.S. Bankruptcy Judge Robert D. Drain.

U.S. Bankruptcy Judge Kevin Gross will weigh approving NewPage's
plan at a hearing Dec. 13.

Miamisburg, Ohio-based NewPage -- which is majority owned by
private equity giant Cerberus Capital Management LP -- filed for
court protection in September 2011 as the shift toward digital
media reduced demand for its coated paper products.  The company
listed $3.4 billion in assets and $4.2 billion in debt in its
bankruptcy petition.

The company is the largest producer of coated and specialty papers
in North America, boasting $3.5 billion in net sales in 2011.  Its
products are used mostly in magazines, corporate annual reports,
high-end advertising brochures, direct mail advertising and other
high-gloss applications.

Liberty Mutual is represented by Robert B. Millner and Christopher
D. Soper of SNR Denton US LLP and by Charlene D. Davis of Bayard
PA.  The antitrust plaintiffs are represented in the bankruptcy by
Michael S. Etkin and Ira M. Levee of Lowenstein Sandler PC.

NewPage is represented by Martin J. Bienenstock of Proskauer Rose
LLP and by Pachulski Stang Ziehl & Jones LLP.

The case is In re: NewPage Corp. et al., case number 1:11-bk-
12804, in the U.S. Bankruptcy Court for the District of Delaware.


ASBESTOS UPDATE: Council Assures Safety at Vaughan Primary School
-----------------------------------------------------------------
Emma Innes of The Harrow Times reports that Harrow Borough Council
has spoken out to reassure people that it does not take "the
slightest risk" with children's health after concerns were raised
over asbestos at a primary school.

And a senior councillor has suggested that controversial expansion
plans at the Vaughan Primary School would solve the problem -- by
demolishing and rebuilding some buildings.

The council's comments come after the chair of governors at the
school, in The Gardens, West Harrow, wrote to councillors
expressing her concerns about asbestos in the school's buildings.

Mitzi Green, portfolio holder for children, schools and families,
said: "The safety and wellbeing of children and young people
throughout the borough is of paramount importance to us and we do
not take the slightest risk when it comes to their health.

"Asbestos was a commonly used building material prior to being
banned in the mid 1980s and it only poses a health risk if
disturbed.

"An asbestos management survey was conducted at Vaughan Primary
School in September 2010 and an asbestos management plan issued to
the school.

"This is in accordance with the Control of Asbestos at Work
Regulations 2002 and is to ensure that all areas which contain
asbestos are not disturbed.

"If the current planning application is approved and the school is
rebuilt, all asbestos will be removed and this potential risk to
health will be completely eliminated.  This is in the best
interest of all parties and is proactive and forward thinking by
the council."

She added: "All measures will be taken in accordance with the
stringent regulations to ensure that children and teachers' health
is not put at risk during any asbestos removal.

"A review of the school by the Harrow Schools Improvement
Partnership in October concluded that children and parents felt
the school was safe."

Councillor Green's comments come after chair of governors Pippa
Lee wrote a letter to councillors to show her support for plans to
redevelop the school.

One of the reasons she gave for supporting the redevelopment was
that the governors are concerned about asbestos.

She wrote: "The junior school was built more than forty years ago
as a temporary measure and was not expected to last for more than
20 years.

"There are issues with asbestos and as time goes by this is going
to become a serious health risk."


ASBESTOS UPDATE: Mansfield Meso Sufferer Calling Out Former Peers
-----------------------------------------------------------------
A Mansfield man who developed mesothelioma after being exposed to
asbestos more than five decades ago has appealed to former
colleagues to come forward and help in his fight his mesothelioma
claim.

David Martin, 68, was diagnosed with the disease in January 2012
-- more than 50 years after he started a five-year apprenticeship
as a joiner when he left school at the age of 15.

Lesley Francois, an industrial disease specialist at Fentons
Personal Injury Solicitors LLP, said that in October 2011, Mr.
Martin, of Abbott Road, developed a persistent dry cough which
refused to settle.  "Two months later, he suffered breathlessness
whilst out walking in Derbyshire with his wife Margaret," said
Mrs. Francois, a solicitor with the firm.  "After visiting his GP,
he was referred to Kings Mill Hospital where x-rays and a CT scan
revealed that both his lungs had thickened and were filled with
fluid.  In January, a biopsy confirmed Mr. Martin had developed
mesothelioma, a particularly aggressive cancer of the lungs caused
by exposure to asbestos."

From leaving school, Mr. Martin began working for a construction
and engineering company named Harold Ashley & Son Ltd, based at
Church Hill in Mansfield Woodhouse, Mansfield.  "They built
schools and other public buildings such as health centers, fire
and ambulance buildings, libraries and structures for the Ministry
of Defence," said Mr. Martin.  "They specialized in the
construction of permanent, prefabricated and easily constructed
buildings, known as 'CLASP systems.'  From the 1950s onwards,
asbestos materials were used extensively throughout these
buildings -- within boiler houses, ceilings, wall and floor tiles
as well as around pipe work and heating systems.

"My job initially involved fixing doorframes, cupboards and
skirting boards, working alongside laggers who would mix an
asbestos paste in large tubs before coating the material onto pipe
work within the boiler houses," he added.  "The space inside the
boiler houses was extremely limited and I can remember how both
the clothes the laggers wore as well as the air we breathed in
each day was always thick with asbestos dust."

After qualifying as a joiner in 1964, Mr. Martin remained at
Harold Ashley & Son Ltd until 1974, during which time the company
was contracted to work on a number of sites including West Notts
Technical College, The Sutton and Ashfield Fire and Ambulance
Station, Chilwell Ordinance Depot and Tupton Hall School in
Derbyshire.

"I was frequently exposed to asbestos in all these places as my
job involved cutting, sanding down and installing Asbestolux
sheets, boards and ceiling tiles," said Mr. Martin.  "It was
always extremely dusty and because there was never any
ventilation, the air we breathed was always full of asbestos
fibers.  No-one ever warned us about the dangers of asbestos and I
remember being told that Asbestolux was completely safe to work
with.

"We were never provided with proper face masks like they have now,
except for once when I was given a metal frame mask which was
completely inadequate and provided no protection whatsoever," he
added.  "In addition, we were never provided with any kind of
protective clothing, so every time I went home, I was always
coated in asbestos."

After leaving Harold Ashley & Son Ltd in 1974, Mr. Martin worked
at Kirk Hallam Community Technology and Sports College in
Ilkeston, Derbyshire, from 1976 until 1995 as a technology
teacher, and again from 1997 to 2011 as a part-time school
technician.  The school was made up of a number of CLASP buildings
and asbestos was found throughout the walls and window panels as
well as within the floor and ceiling tiles, boiler house, changing
rooms, showers and toilets.

"I used to replace doors, ceiling tiles and locks as well as any
other maintenance work that cropped up," he added.  "Despite all
the safety measures in place, I believe I still could have been
exposed to and inhaled asbestos fibers that were released into the
air from damaged or deteriorating asbestos materials contained
within the walls, floors and ceilings simply as a result of
general wear and tear throughout the school."

Mrs. Francois, who is representing Mr. Martin, explained that in
order to secure him the compensation to which he is entitled, it
was vital that witnesses come forward to confirm that he was
exposed to asbestos during his time at either Harold Ashley & Son
Ltd or Kirk Hallam Community Technology and Sports College, and to
help identify both the firm's and the school's former insurers.

"It can take several decades after someone is exposed to asbestos
for any related symptoms to become apparent, which can make
finding witnesses and information regarding former insurers
extremely difficult to obtain," said Mrs. Francois.  "In regard to
Harold Ashley & Son Ltd, which ceased trading in 1974, the problem
we now face is tracing David's former colleagues as well as the
insurers of the company at the time he worked there and was
exposed to asbestos.

"We are particularly keen to track down anyone who worked in the
administrative side of the firm at Portland Street, Mansfield
Woodhouse, Mansfield or anyone who might remember which company
provided insurance for the firm around that time," she added.
"David finished chemotherapy in September and he is due to be
reviewed in January.  Unless we can track down the insurers and
prove that he was exposed to asbestos, he may go uncompensated for
the terrible condition he has developed as a result of simply
working diligently to support his family throughout his life."

Can you help?  If you remember working alongside David Martin, if
you worked for Harold Ashley & Son Ltd, based at Church Hill,
Mansfield Woodhouse, Mansfield between 1959 and 1974, or if you
worked at Kirk Hallam Community Technology and Sports College in
Ilkeston, Derbyshire, from 1976 until 2011, or think you can help
in any way, please contact Lesley Francois on 0844 893 6685.


ASBESTOS UPDATE: Middleton Grange Center Shop Closes for Abatement
------------------------------------------------------------------
The Hartlepool Mail (UK) reports that a shop unit in a busy indoor
market has been sealed off while specialist workers remove
asbestos from its walls.

The former home of Homefair Blinds, and Rogers sweet shop, in
Middleton Grange Shopping Centre's Indoor Market, became vacant
recently.

So before a new tenant takes over the unit, shopping centre bosses
say they decided to start work on removing the potentially-
dangerous substance, in the form of asbestos insulating boards, as
a matter of course.

Centre manager Mark Rycraft said he was aware of the asbestos in
the shop from when the centre was built 40 years ago.

And he said work has started on its removal and should be
completed within a few days.

He said: "When a tenant moves out its practice to remove asbestos
as part of normal property management really.

"It was installed in there when the centre was built around four
decades ago because asbestos was a commonly used substance back
then and it was used in wall boarding, and ceiling tiles as well.

"We remove it out of good practice, spending thousands of pounds
to get asbestos removed, so that when a tenant goes in then it
cannot be accidentally disturbed."

He added: "We started work on this unit on Monday, Dec. 3,
removing asbestos from the walls and it should be completed within
the next few days."

Mr. Rycraft said there are prospective tenants who want to take
over the unit but he is as yet unsure of which company it will be.


ASBESTOS UPDATE: ADRI's "Betty" Visits Blacktown on Awareness Week
------------------------------------------------------------------
The Blacktown Advocate reports that The Asbestos Diseases Research
Institute's caravan-sized house, "Betty" visited the Blacktown
Civic Centre to highlight the danger of asbestos when renovating
or maintaining homes as part of Asbestos Awareness Week.

Institute director Professor Nico van Zandwijk said Australians
had to stop being complacent about how they worked with asbestos.

"In the past, those affected by asbestos related-diseases were
exposed to raw fibers in the mining and manufacturing process," he
said.  Data shows that almost every Australian home built or
renovated before 1987 is likely to contain one form of asbestos
and may lead to mesothelioma (an incurable asbestos-related
cancer) if people are exposed to it during renovations of brick,
weatherboard, fibro or cladded properties.

"Education is our first line of defense in preventing the crushing
third wave of cancers caused by exposure," Prof. van Zandwijk
said.

Asbestos is often found under floor coverings, behind walls and
near floor tiles, cement floors, ceilings, eaves, garages and
fences.


ASBESTOS UPDATE: Suit v. Georgia Pacific, et al Proceeds to Trial
-----------------------------------------------------------------
Cy Ryan of The Las Vegas Sun reports that the Nevada Supreme Court
says it is taking a "balanced approach" in cases where an
individual claims his exposure to asbestos dust caused lung
cancer.

The court has ruled that the survivors of Randy Holcomb can
proceed to trial in Las Vegas in their suit against three
companies that used products that emitted asbestos dust in
construction jobs.

The unanimous decision, written by Chief Justice Michael Cherry,
overturns the pre-trial summary judgment by District Judge Douglas
Herndon in favor of Georgia Pacific, Kaiser Gypsum and Kelly Moore
Paint Co.

Holcomb died in December 2008 in Las Vegas, and his widow and four
children filed suit claiming his exposure to the asbestos in jobs
in Florida and Nevada caused his mesothelioma or lung cancer.

The court said that for the case to proceed from the pre-trial and
summary judgment stage to trial, the injured must produce evidence
"that supports an inference of probable exposure to the
defendant's asbestos product."

It said there must be a showing that the decedent was exposed on a
regular basis over an extended time to the asbestos and it is
reasonable to infer the exposure caused the mesothelioma.

It is then up to a jury to decide if the exposure was sufficient
to cause the lung cancer.

Cherry wrote, "We take a balanced approach to find a causation
test that is not overly rigorous or too relaxed in order to ensure
protection for both manufacturers and consumers."

The court said the family produced evidence to meet the "minimum
burden" that showed Randy was exposed to the asbestos dust in
order to move the case to trial.  It said the jury must decide
whether this exposure cause the death of Randy.

The court upheld the summary judgment granted in favor of Union
Carbide saying the Holcomb family failed to show the asbestos in
products used by the three companies came from Union Carbide.


ASBESTOS UPDATE: Altnagelvin Hospital Project Gets GBP1 Million
---------------------------------------------------------------
The Derry Journal (UK) reports that asbestos has been discovered
in the roof space of Altnagelvin Hospital the 'Journal' can
reveal.  A fund of GBP1 million to assist development plans for
the site was announced on Dec. 6.

Asbestos, which is a serious health risk, is currently banned by
the European Union but was in the past commonly used in the
construction industry.  The material was discovered in the roof of
the tower block.  A removal operation had been underway prior to
the recent fire at the hospital but sources confirmed no workmen
were present when the accidental blaze ignited.  A Western Health
and Social Care Trust (Western Trust) spokesperson confirmed:

"All patient areas on the Altnagelvin Hospital site have been
reopened with the exception of Wards 9 and 10.  We can confirm
that asbestos was being removed from the roof of the hospital
prior to the recent fire incident as part of a planned on-going
program.

"As confirmed by the Health and Safety Executive Northern Ireland
who visited the hospital after the fire, no members of the public
or hospital staff were exposed to asbestos during this time."

Meanwhile at the December Trust Board meeting on Thursday, Dec. 6,
further tributes were paid to the efforts of staff and the
emergency services.  Western Trust Chairman, Gerard Guckian said:
"Our staff showed tremendous leadership and resilience during and
after the incident.  Staff have kept the hospital operational and
worked tirelessly to limit any disruption to patient care.  This
is truly remarkable."

Western Trust Chief Executive, Elaine Way said: "It has been
almost two weeks since the fire incident occurred.  Since then our
main focus has been on ensuring patient care continues in a safe
and comfortable environment.  We have therefore secured additional
funding of almost GBP1million to accelerate the planned rolling
program of development for the hospital site.  Following
confirmation that the fire was not as a result of the fabric of
the building, the Trust has decided to reopen Ward 8 for the care
of patients who are mobile.  This will be kept under review whilst
the Trust continues with the wider rolling program of developments
for the Altnagelvin Hospital site."


ASBESTOS UPDATE: Tests Find Mold, Fibro at PS114Q in Belle Harbor
-----------------------------------------------------------------
Darla Miles of The Eyewitness News reports that it turns out
parents who were concerned, and complained about potential mold at
a storm-damaged Queens school had a good reason to be worried.

Tests have found mold and asbestos at PS 114Q in Belle Harbor.

This is a problem some parents say they saw coming.

"We have seen the mold grow in our own homes, so we knew that the
school would be in a similar position as our homes were," said
parent Irene Doherty.

The auditorium had to be sealed off, and parts of the stage where
the mold was found had to be removed, according to an
environmental study that was conducted Wednesday, Dec. 5.

Asbestos in a crawl-space also needs to be removed.

School re-opened, but parents found out two days later that the
auditorium should not have been open to the children.  They
immediately closed down, and children have not been in the wing at
all.

After Sandy, the Department of Education said that the entire
building was cleaned, and it passed air quality testing.  A letter
sent out to parents on Friday, Dec. 7, played out a plan of
action, and states,

"We hope this information will help alleviate any concerns that
you may have, and reassure you that the conditions in PS 114Q are
safe for children and staff."

Not only are crews working all weekend long to remove the mold and
asbestos, the results of weekend long mold and air quality testing
will be delivered first thing Monday morning to the principal
before kids return to school.


ASBESTOS UPDATE: Valley High School Abatement Project Initiated
---------------------------------------------------------------
The West Des Moines Community Schools Board of Education was
scheduled to hold two public hearings, a workshop on the
district's audit report and budget, and regular meeting Monday,
Dec. 10.

The WDMCS Board of Education will hold a workshop session to
review the district's most recent audit report.  In addition,
WDMCS CFO Paul Bobek will provide an update on the district's
budget.

The first public hearing is set so interested individuals can
express their views on the proposed Valley High School Phase 3B
2013 Asbestos Abatement Project.

The work to be performed includes removal of interior asbestos in
rooms on the northeast corner of the building and portions of the
auditorium.  The abatement work at Valley High School will be
conducted on designated weekends and breaks starting Jan. 11,
2013.

Areas slated for abatement will be closed off and isolation
barriers will be installed.  Containment measures will also be
implemented.  All work will be conducted according to the EPA's
published guidelines and standards.  Air quality reports will be
posted on the Valley website and will also be available in the
Valley office.  The base bid from REW Services Corporation's in
the amount of $197,675.00 is being recommended for approval by the
school board for the Valley High School Phase 3B -- 2013 Asbestos
Abatement Project.


ASBESTOS UPDATE: Toxic Dumper at Councilor's Home Remains Unnamed
-----------------------------------------------------------------
Melinda James of ABC News (Aus) reports that a man has been fined
$1,200 dollars for failing to tell police who was driving a ute
that dumped a trailer load of asbestos in a Wollongong City
Councilor's driveway.

The asbestos was left outside Councillor Greg Petty's Helensburgh
home one night in April this year.

Brett Blackwell was charged with failing to tell police who was in
charge of the vehicle at the time.

The court found that while the white ute is registered in the name
of Mister Blackwell's 92 year old grandmother, she had nominated
him as the person responsible for the car.

Brett Blackwell told police several different people drive the ute
on a regular basis but he didn't know who was driving it that
night.

He also said he's since heard the material was dumped by a
contractor who was unhappy with Councillor Petty and drives an
almost identical ute.

But Magistrate Les Mabbutt said he was satisfied that Brett
Blackwell is responsible for the vehicle captured on CCTV footage
at Councillor Petty's home and Mister Blackwell did not fulfill
his obligation to tell police who was driving at the time.


ASBESTOS UPDATE: Fibro Forces Layoff, Closure of Auction Firm
-------------------------------------------------------------
Gary Adshead of The West Australian reports that an auction
company has been forced to close its Welshpool operation and lay
off staff after potentially lethal asbestos dust was found
throughout the building.

The severe health risk to employees is at the centre of a legal
dispute between the tenant of the warehouse, McLernon's Auctions,
and the building's long-time owner, renowned WA cardiologist
Krishnanmurthi Somers.

Peter McLernon learnt of the chrysotile asbestos contamination
through a report this year and immediately vacated the building
and reported the health risk to WorkSafe.

But he has since confirmed the existence of a 2005 asbestos report
into the building and is trying to determine who received copies
of the document.

He said he still had emails from that year which showed he tried
to get a copy of the report at the time from the building's
leasing agent.

"I stayed in the premises for another seven years after that
report and I had about 30 staff go through there," Mr. McLernon
said.

"It's causing a lot of stress now and will continue to for many
years."

Mr. McLernon's lawyer John Hammond believes that his client is
entitled to more than $300,000 in damages for loss of earnings and
to cover annual medical tests for all current and former staff.

That has been countered by lawyers acting for Professor Somers,
who argued in August that until there was evidence someone had
suffered ill-health, Mr. McLernon had no case.

Professor Somers, who has had a distinguished medical career at
Royal Perth Hospital, told The West Australian his lawyers were
continuing to deal with the matter.

"It would be inappropriate of me to make any comment at this
point," Professor Somers said.

On the back of the latest asbestos report, anyone who enters the
Welshpool building must wear a protective mask and unless the
warehouse is decontaminated it will have to be condemned.

According to WorkSafe, the use, importation or sale of chrysotile
asbestos has been banned in WA since 2003.

The agency said it had also been made aware that a 2005 asbestos
investigation was done at the building and would be interested to
know who was made aware of its findings seven years ago.


ASBESTOS UPDATE: Fibro in Wakefield Theatre to be Abated January
----------------------------------------------------------------
The Wakefield Express reports that asbestos was found at Theatre
Royal Wakefield.

The discovery was made under the stage during an inspection last
month and that area has now been sealed off.

But the theatre remains open as normal and work to remove the
asbestos will begin in January next year.

Executive director Murray Edwards said: "The main thing is we did
not anticipate it but we found it, we dealt with it, and we have
made it safe.

"We were obviously very concerned to make this discovery and acted
immediately to make the area safe."

Mr. Edwards said the theatre did not anticipate anything coming up
in the inspection but stressed that the building was perfectly
safe for performers, staff and public.

He added: "We are working closely with Wakefield Council and
following agreement with environmental health officers, the under-
stage area has been sealed off.

"Air tests in the surrounding areas have confirmed there is no
contamination outside the affected space and these tests will be
carried out regularly through the run of our annual program.

"Once the pantomime has closed, the removal process will start
prior to the start of the spring season in late January 2013."


ASBESTOS UPDATE: Consett Site's Contaminated Land Risk Assessed
---------------------------------------------------------------
Barry Kirkham of The Consett Magazine reports that a contaminated
land risk assessment has been carried out at the controversial
Consett Academy school development site.

Asbestos, carbon monoxide and mercury have all been reportedly
identified at the Belle Vue site.  These findings are being
considered a potential risk to the health of humans.

The report was completed by a geotechnical engineer Daniel
Freeland, at the request of Carillion Building North.  Carillion
Building North were commissioned by the local authority to build
the school and new leisure centre.

Durham County Council want to build a GBP44million Academy on the
site.  The development of the new Consett Academy has already been
through many obstacles.  This new report has been submitted to the
council.

Back in August 2009 contamination fears were cited by council
bosses as a reason for overlooking the former steelworks site a
place to build a new school.  Durham County Council's Cabinet
voted to build the school on the Belle Vue site instead of the
seven hundred acre former steel works site at Berry Edge.  Despite
this concern of the former steelworks land being contaminated; new
homes, a restaurant and a new supermarket (Tescos is being built)
are all features of the former steelworks site here in 2012.

The contaminated land risk assessment has been said to be a health
concern to construction workers and "site end users."  "Site end
users" are teachers, pupils, and anyone else who will eventually
attend Consett Academy.

"The contaminated land risk assessment has identified that
siteworkers are most at risk from the contamination."

"The assessment has identified that the risk to end site users is
low, provided that localized areas of contamination are excavated
in areas to be defined as a residential land use i.e. the school
buildings and associated soft landscaping," said Mr.Freeman.

The main dangers are from the inhalation and ingestion of
materials found in the subsurface soil, dust, and/or vapor.

"If asbestos containing material is encountered or anticipated
then it is recommended to keep the material wet by damping it down
so as to prevent loose fibers from becoming airborne.

"If potential asbestos is identified during siteworks then work
should cease in the area and the advice of an asbestos specialist
should be sought regarding further actions.

"The risk from carbon dioxide is considered low but gas protection
measures are required," said Mr. Freeman.

The report is to be included in the application to the planning
department for permission to remove the existing leisure centre,
swimming baths, and football club.  The Civic Centre which was
once part of the site has already been demolished.

The council's Highways Committee could be expected to reconsider
an application from Consett Green Spaces Group (CGSG), which has
clearly opposed the new academy development, and wishes to have
the land registered as a village green.

The Highways Committee is believed to be considering the
application on Jan. 17 2013.

If the application is considered appropriate, the planning
application would then have to be considered by the council's
county planning committee on Feb. 5 2013.


ASBESTOS UPDATE: Ohio Senator Contests Substitute House Bill 380
----------------------------------------------------------------
The Northeast Ohio Sun News reports that State Sen. Michael
Skindell, D-23 of Lakewood, on Dec. 10, voted against substitute
House Bill 380.

He said, in a press release issued by his office, that the
legislation  will make it much harder for Ohio workers who suffer
from asbestos-related diseases to successfully sue for
compensation.

"This legislation is another example of the 129th General
Assembly's war on Ohio workers," Skindell said in the release.
"The bill is creating additional procedural and evidentiary
hurdles, roadblocks, rules and other requirements that will make
it impossible for a dying asbestos plaintiff to get a fair trial
on their case."

This legislation dictates how a lawsuit is to be handled, step-by-
step from filing of the lawsuit through jury verdict, he said.
According to Skindell, Substitute House Bill 380 permits a
corporate defendant to force a dying asbestos worker to file a
claim against an asbestos trust, even in situations where there
may be no evidence that the worker was exposed to the product of
the trust.

"This bill is no more than an extreme legislative effort to tilt
the scales of justice in the courtroom strongly in favor of the
corporate defendant," Skindell said.

"The scales of justice are not out of balance in Ohio.  There is
no need for this extremist corporate legislation," Skindell added.


ASBESTOS UPDATE: HSENI Organizes Free Training for Local Tradesmen
------------------------------------------------------------------
UTV News reports that according to the General Register Office, up
to 75 deaths per year in Northern Ireland have asbestosis and/or
mesothelioma listed as the primary or secondary cause of death.

There also may be approximately another 40 lung cancer deaths per
year where asbestosis and/or mesothelioma has played a
contributing factor.

The Health and Safety Executive for Northern Ireland (HSENI) say
they expect this number to rise and has organized free training to
help local tradespeople protect themselves from asbestos.

The new scheme, 'Asbestos Training Pledge NI', will run for 12
weeks from Jan. 7 to March 29 2013.

Any property built or refurbished before the year 2000 is likely
to contain asbestos.

Common places where asbestos materials are found include ceiling
tiles, coating on ceilings, walls and stairwells and insulation on
pipes.

A legal duty to manage the risk from asbestos belongs to anyone
responsible for the maintenance and repair of non-domestic
premises.

Entitled the 'duty holder', they must inform tradesmen if asbestos
is present in a building they are working on.

'Duty holders' must also make sure they have an asbestos register,
and to make it available on request.

Tradespeople are encouraged by the HSENI to ask the 'duty holder'
to see the asbestos register before they start work.

HSENI's Head of Workplace Health, Cyril Anderson, said: "Everyone
should avoid working with asbestos if possible.  But, if you need
to work with asbestos then make sure you have proper training
before you start.

"By raising awareness of the dangers of asbestos and by promoting
measures to help reduce its harmful effects, we can help protect
the health of our workforce, and save lives.

"Asbestos Training Pledge NI offers a great opportunity to learn
more about the dangers from asbestos and follows on from HSENI's
'Hidden Killer' and 'Duty to Manage' awareness campaigns.

"I'd encourage everyone who through their work may come into
contact with asbestos to take advantage of this free training and
to book a place today."

Christine Winter, of the Independent Asbestos Training Providers
(IATP), said: "Asbestos destroys individuals, families and
communities. IATP members are proud to be contributing to the
Asbestos Training Pledge NI initiative."

The training is free of charge, but places are limited.


ASBESTOS UPDATE: Shelby Officials Parents Montevallo Is Safe
------------------------------------------------------------
Martin J. Reed of Alabama Live (al.com) reports that on Dec. 10,
concerned parents levied questions and criticism at Shelby County
School District officials over ongoing worries about the safety of
Montevallo Elementary School due to mold, asbestos and other
health issues.

"I believe it's clean but I don't believe it's safe -- as safe as
you're all wanting to put out -- because if it is, bring your own
kids to the school," Preston Bell said, stirring many in the crowd
of more than 150 gathered in the institution's cafeteria to
applaud.

During the meeting with some parents elevating their voices at the
education officials, school district superintendent Randy Fuller
maintained the building is safe for students based on air quality
test results and work to clean and correct mold issues in the
facility.

"We would not dare put your children in harm's way," Fuller said.

Bill Young, president of Pelham-based ERG Environmental that
conducted air testing in the building, stood by the facility's
safety.  In response to a question about allowing his own children
to attend class in the building, he said, "My answer was
absolutely."

"Mold is everywhere," he said.  "It's in our hospital and nursing
home, and it's in our school."

Despite the assurances provided, many in the crowd remained
skeptical about the safety claims.

Kenneth Dukes, whose 6-year-old daughter is a first-grader, asked
for a guarantee that his child in five or 10 years will not become
ill from attending class at the school.  "Can we be assured of
that as a parent?" he asked.

"I promise all of you, you have higher mold in your houses" than
in the school, Young said.

A focal point at the meeting was children's health concerns
identified by parents, dozens of whom are keeping their children
out of the school.

Beth Boyd said nosebleeds had started in her 5-year-old son in
kindergarten and 7-year-old daughter in second grade in late
August or early September after attending the school.

"And neither one of them has ever had a nosebleed in their entire
life," Boyd said.  "I kept them (out of school) all last week and
she has not been picking at her nose as much and he hasn't been
sniffling as much."

Sitting next to Preston Bell, Kimberly Bell said her daughter has
been diagnosed with bronchospasms "that she will have for the rest
of her life."  The mother believes the school's mold and asbestos
has caused the health condition.

"As soon as they came back to this school they're sick," she said
of her children, one she took to the doctor earlier in the day.
"When he's not at this school, does he have any of these symptoms?
No."

In an interview during the meeting, Dukes said the school district
is slow in addressing the issues at the facility.

"My prayer is it does not affect our children based on what has
happened.  That's why I'm afraid," the 25-year bus driver for the
district and lifelong Montevallo resident said.  "I just hope the
damage isn't done."

Wearing a doctor's mask over his mouth at the meeting, Karry
Honeycutt said he is ill himself while he worries about health
issues in the building.

"I do have severe allergies and asthma, and if they do have
something in here," he doesn't want it, the parent with a daughter
each in first and fourth grade said.

Some in the audience supported the work of the school district at
Montevallo Elementary.

"If I thought there was a problem I would not put my kids in
harm's way," said Carla Layton, program specialist for special
education with the school district.  "My fifth-grader would not be
here."

Montevallo Mayor Hollie Cost said she has a child at the school.
"I have not kept him out one day because I'm worried about mold,"
she said.  "I care about the school district.  I trust the school
district."

Fuller said he wants parents to understand the building is safe
and regain trust in the school district.  "Quite frankly I didn't
realize there was a breakdown in the line of communication" with
the central office and parents, he said.

He said the school district is working to "clean the whole
building from top to bottom."  Additionally "to give you peace of
mind," the district will do "room-by-room testing of this entire
building," he said.

"Montevallo Elementary School will be one of the cleanest schools
in Shelby County.  We can guarantee that," he said.

Parents should not expect a new school to replace the aging
facility, Fuller said in response to a question about plans for a
new building.  "No, there is not because the growth is not
happening," he said.

However, without disclosing specifics, Fuller said renovations are
on the horizon at the school.  "The plans are there and they will
be revealed in the coming months," he said.

The district is continuing to allow parents to keep their children
out of the school.  "We have no intention at this point of
punishing you and your children for being absent," said Lewis
Brooks, the district's assistant superintendent of administration.

Absences at the school are no higher than other institutions in
Shelby County, Brooks said, noting 195 out at Pelham High School
today and 189 at Thompson High School in Alabaster.  "There are a
lot of kids absent across the district," he said.


ASBESTOS UPDATE: Pfizer Asks SC to Bar Bankruptcy-Related Suits
---------------------------------------------------------------
Kenneth Bradley, Esq., of The Westlaw Journal writes that
Drugmaker Pfizer Inc. is asking the U.S. Supreme Court to review a
federal appeals court's ruling that allows certain asbestos-
related lawsuits against the company, even though the subsidiary
that was the main target of the suits went through bankruptcy
reorganization.

Pfizer Inc. v. Law Offices of Peter G. Angelos, No. 12-300,
response requested (U.S. Nov. 6, 2012).

The ruling by the 2nd U.S. Circuit Court of Appeals "frustrates
the congressional purposes" of the law written to deal with
asbestos-related bankruptcies, Pfizer says in its petition for a
writ of certiorari.

The Law Offices of Peter G. Angelos has been pushing courts to
allow the suits.

The Supreme Court requested Nov. 6 that the Angelos firm file a
response by Dec. 6.

In April the 2nd Circuit said Pfizer can face suits over asbestos-
containing products made by its unit Quigley Co.  The products
included Insulag, an asbestos-containing insulation, which Quigley
made from the 1930s until the 1970s.

Quigley, which Pfizer bought in 1968, at one time faced suits by
more than 160,000 plaintiffs, and it filed for bankruptcy in 2004.

Pfizer made no asbestos-containing products of its own.

The Angelos firm argued, however, that Pfizer was liable because
it put its logo on some advertisements for Quigley products,
identifying both companies as manufacturers of the asbestos-
containing products.

In 2008 the U.S. Bankruptcy Court for the Southern District of New
York enjoined the claims.  It said Pfizer's alleged liability
arose from its ownership of Quigley, and the claims must be
channeled toward the trust created out of the bankruptcy.

The U.S. District Court for the Southern District of New York
reversed the Bankruptcy Court, and the 2nd Circuit affirmed.

In its petition for certiorari, Pfizer says the question of
whether the suits should be enjoined is crucial to the resolution
of asbestos-related bankruptcies.

"The issues presented concern the scope of asbestos-channeling
injunctions under 11 U.S.C. Sec. 524(g), which directly impacts
the funding, disposition and finality of nearly every asbestos-
related Chapter 11 case nationwide," the company says.

Pfizer says that if the 2nd Circuit's ruling stands, corporate
parents will be discouraged from contributing the funds needed to
make Section 524(g) trusts effective for compensating asbestos
victims.

The company says Congress enacted Section 524(g) to encourage
companies in Pfizer's position to contribute assets to asbestos
bankruptcy trusts "in exchange for a broad channeling injunction."

Pfizer says the high court should grant the petition and reverse
the 2nd Circuit's judgment.


ASBESTOS UPDATE: State Probe Finds Hotel Angelina "Compliant"
-------------------------------------------------------------
Rhonda Oaks of The Lufkin News reports the Texas Commission on
Environmental Quality recently completed an investigation at the
site of the Hotel Angelina renovation project in downtown Lufkin
following a complaint stating that debris containing asbestos was
being dumped at the Angelina County landfill.  The investigation,
completed in September, followed a state-required inspection and
testing of the asbestos on the first floor of the hotel.

The investigation resulted in no out-of-compliance issues for
property owner Mark Hicks.  Hicks said he takes the issue
seriously and is in compliance with the many state requirements
regarding the handling of asbestos, a material that is known to
cause lung disease and cancer.  Details of the September TCEQ
investigation and the state-required inspection showed extensive
asbestos contamination throughout the building.  Renovation on
remaining floors of the hotel have not yet begun, but first-floor
renovations are ongoing.


ASBESTOS UPDATE: Fanfare Lot Appraised at $77K, Sells for $2.75M
----------------------------------------------------------------
Kurtis Lee and David Olinger of The Denver Post report that a
Denver businessman could sell his commercial property in its
blighted state to Aurora for $2.75 million despite a city
appraisal pricing it at $77,000.

The Fanfare property, a 10-acre site unused for at least 28 years,
once thrived as a discount shopping center in the heart of Aurora.

Neighbors and city officials have debated what to do about it for
years.  They could get an answer by Tuesday, Dec. 11, when
Aurora's Urban Renewal Authority, which consists of City Council
members and the mayor, is scheduled to finalize a contract to
purchase the land.

Based on a contract between the Urban Renewal Authority and the
owner, Herbert Buchwald, the city can purchase the property "as
is" for $2.75 million, or pay $4 million to have the site
completely demolished and cleaned of all contaminants.

That means to close the deal, the city's urban-renewal arm must
pay $2.67 million more than the city's appraiser said it was worth
in its current state.

Before AURA makes its final decision on the Fanfare property --
which some call Fan Fair or Fan Fare -- the authority will review
the results of additional environmental tests, which were
completed Nov. 30.

"We've appraised the property for $4 million when cleaned of
asbestos and the building's demolition," said Mayor Steve Hogan.
"Everyone knows the land is never going to reach its potential
with that building on it.  And now the city is taking the right
steps to redevelop the area."

Yet some members of the Aurora City Council are calling the deal a
"bailout" of Buchwald, a politically influential owner who has
held the land vacant since 1984.

"If it were really worth that amount and had that potential, you
would think a legitimate developer would have seen its potential
and invested in it a long time ago," said Councilwoman Molly
Markert, who opposes the pending deal.

So what's it really worth?

In 2010, an Arapahoe County commercial appraiser walked onto the
site, gazed at the boarded-up building in the middle and valued
the property for the 13th consecutive year at $450,000.

That value was set by Buchwald himself, who protested the
assessor's valuations until the $450,000 figure was reached.  He
now pays $11,000 a year in taxes on the Fanfare property near the
corner of East Third Avenue and Havana Street.

This year, Bonnie Roerig, the appraiser hired by the city of
Aurora, concluded the property isn't worth $450,000.  She put its
value, as is, at $77,000.

But if someone paid to make the property "vacant and clean,"
removing the building and the asbestos it holds, Roerig notes it
could be worth $4 million, which is why Aurora took out a loan for
up to that amount.

So why is the city paying Buchwald more than the $77,000 "as is"
figure from its appraisal?

That's a mystery.

Andrea Amonick, the city's Urban Renewal Authority manager, said
the $2.75 million AURA has agreed to pay is based on information
provided by the seller and an older estimate prepared for the city
that has since been revised by Roerig.

Amonick also told The Denver Post she has not reviewed Buchwald's
appraisal.  And Buchwald's attorney declined to allow The Post the
opportunity to review the report.  Buchwald declined to discuss
his pending deal in Aurora.

Michael Sheldon, the attorney representing Buchwald, said he hired
an appraiser who felt the land, cleaned and vacant, would be worth
more than $4 million.

Buchwald and Sheldon wield influence in the metro area.

Buchwald is a director of MDC Holdings in Denver, the parent of
Richmond American Homes.  This year, he also served as president
of eight other Denver companies, two in Greenwood Village and
three in Florida.

Sheldon works from a law office in Greenwood Village and often
represents developers seeking Aurora City Council approval of
their projects.

Aurora Chamber of Commerce spokesman George Peck described Sheldon
as a well-known power broker for Aurora developers.

"He's a very good person to go to," Peck said.  "He knows Aurora
very, very well."

In normal real-estate deals, the buyer and seller negotiate a
market value after viewing each other's appraisals.

"This allows them to consummate a property-transfer sale at a
market price that's acceptable to both parties," said Larry Stark,
president of National Valuation Consultants Inc.

In Aurora, Councilman Bob LeGare voted to approve the contract
with Buchwald despite his misgivings about the price.  LeGare sees
renewed commercial development of the blighted site at 333 Havana
St. as beneficial to Aurora but said, "I don't believe it is worth
$4 million."

The money to purchase the property would come from the city's
water department.  City officials say they would repay the water
department at a 2.5 percent interest rate.

Buchwald, who owns the land under the name Capitol Financial
Ventures, bought it 30 years ago for $4.1 million, when Havana
Street was thriving.

In the 1960s, the property served discount shoppers who thronged
to its location just north of Alameda Avenue.

When Buchwald bought it, the shopping center was gone.  But its
igloo-roofed commercial building still turned a profit as the home
of Western Electric offices.

Two years later, Western Electric moved out, leaving an asbestos-
laden building there to deteriorate.

The $11,000 in property taxes Buchwald pays to own a blighted,
vacant commercial site in Aurora is a bit more than the taxes paid
next door by tiny Woody's Wings 2.

Now, Woody's Wings 2 is protesting its soaring property-tax bills.

"In two years, our property taxes tripled.  Ours is the highest of
any on Havana," says Brooke Serecky, the owner's daughter. "Ten
grand.  It's really bad."

Last June, Roerig, the appraiser hired by the city of Aurora, took
a fresh look at Buchwald's property.

"The building is contaminated with asbestos and other materials,"
Roerig wrote in her appraisal.  "There is also groundwater
contamination."

She noted that a Havana North Blight Study approved by the Aurora
City Council had found 10 of a possible 11 blight conditions in
the proposed redevelopment area.  Eight were on Buchwald's
property.

The environmental contamination is extensive.  Roerig reported
that asbestos and other hazardous materials contaminate the fenced
building, a cancer-causing compound called benzene flows beneath
the area, and the costs of cleaning up the site will run into
millions of dollars.  Some neighbors of the Fanfare site favor
buying the site and removing the building, no matter what it
costs.

Barbara Dutton, for one.

"It's a health hazard . . . after almost 29 years, it's past time
to demolish the building," she said at a recent council meeting.

City Councilwoman Marsha Berzins, who represents constituents such
as Dutton in the ward around Buchwald's vacant lot, helped push
the city to buy it.

"Neighbors have been asking for years for us to do something about
this building," Berzins said.

Berzins was out of town last week and acknowledged she just
skimmed over the appraisal that concluded Buchwald's property at a
current rate is worth $77,000.

"There still hasn't been a decision made," Berzins said.  "We
still need to decide what that total sum is going to be."


ASBESTOS UPDATE: Dale Farm Traveller Site Declared As "No Go Zone"
------------------------------------------------------------------
Jon Austin of The Echo News (UK) reports that the former Dale farm
traveller site has been declared a no go zone after dangerous
asbestos was found on some of the bulldozed plots.

Officials from the Environment Agency are urging no one to venture
onto the former illegal site off Oak Lane, Crays Hill, until the
outcome of a probe into whether last year's GBP7million eviction
operation disturbed pollutants buried underneath from its previous
use as a scrapyard.

The agency is refusing to release a report into the findings of a
team of specialists who carried out a fingertip search of the
green belt land in the autumn despite a freedom of information
request from the Echo.

However, it confirmed asbestos has been found on the site and
people have been urged to stay away in the meantime.

An agency spokeswoman said: "We advised residents to stay away
from the cleared area of Dale Farm as a precaution."

When consultants visited the site to take samples they identified
bonded asbestos sheeting on some plots.

"Asbestos can have health implications if broken up so people were
advised to avoid any actions that might break it up or disturb
it."

It is not yet known if the asbestos was dug up during the eviction
or has been dumped by flytippers since.  It is understood the
agency will not release details of its report as there could be a
possible prosecution of the council or traveller owners of the
site.



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