CAR_Public/140124.mbx              C L A S S   A C T I O N   R E P O R T E R

             Friday, January 24, 2014, Vol. 16, No. 17

                             Headlines


ADVANCED MICRO: Robbins Geller Files Class Action in California
AIRPORT CONCESSIONS: Classwide Settlement Reached in O'Brien Suit
APPLE INC: 9th Cir. Denies Review of Class Cert. Order
BEHAVIORAL HEALTHCARE: Faces Class Action Over FLSA Violation
BLAZIN' WINGS: May 19 Final Approval Hearing on Settlement

BLINDS BY VERTICAN: Recalls Corded Bottom-up Pleated Shades
BMW OF NORTH AMERICA: Dist. Court Enters Show Cause Order
BOULANGERIE ANDALOS: Recalls Anis Cookies Due to Undeclared Milk
BOULANGERIE ANDALOS: Recalls Kaak Muhalla Due to Undeclared Milk
C&S WHOLESALE: Jury Trial in Biceck Suit Set for July 2015

CHEF'S CHOICE: Court Issues Notice on Class Settlement Factors
CLOVER STORNETTA: Court Dismisses Certain Claims in Labeling Suit
CONTRA COSTA: Stipulated Protective Order Entered in W.B. Suit
DENBURY ONSHORE: Class Action Dismissed Following Settlement
DIAMOND FOODS: Court Enters Show Cause Order for Barclays

EASTMAN CHEMICAL: Faces Class Action Over Toxic MCHM Spill
ELITE MODEL: Court Approves Intern Class Action Settlement
ESTHER JACOBO: Court Dismisses Claims vs. Dudek in Disability Suit
FIDELITY INVESTMENTS: Faces Class Action Over Revenue-Sharing
FINANCIAL TECHNOLOGIES: 4 Investors File Class Action in India

FLAG CREDIT: Walters Suit to Proceed in N.D. Florida Court
FREEDOM INDUSTRIES: Faces Eight Class Actions Over Chemical Leak
GENESIS LOGISTICS: Obtains Favorable Ruling in "Aguirre" Suit
GERBER PRODUCTS: Court Narrows Claims in "Bruton" Class Action
INTL FCSTONE: Pomerantz Law Firm Files Class Action in New York

INTL FCSTONE: Says Securities Class Action Without Merit
JOHNS PIZZA: Faces Suit Alleging Violations of FCRA and FACTA
LEE BROS: Recalls Dried Sausage Products
MADISON COUNTY: Dragged Again in Class Action v. Fred Bathon
MEDICREDIT INC: Accused of Illegally Calling Consumers Using ATDS

MICROSOFT CORP: May Face Suit in Korea Over Competition Law Breach
MILES INDUSTRIES: Rotandi Suit Settlement Gets Final Court Okay
MINNESOTA: Class Action Over Safe-Driving Program Mulled
NATIONAL COLLEGIATE: "Caldwell" Suit Transferred to N.D. Illinois
NATIONAL COLLEGIATE: "Doughty" Suit Moved to NCAA Concussion MDL

NATIONAL COLLEGIATE: "Hudson" Suit Transferred to N.D. Illinois
NATIONAL COLLEGIATE: "Morgan" Suit Transferred to Concussion MDL
NATIONAL COLLEGIATE: "Washington" Suit Removed to N.D. Illinois
NCO FINANCIAL: Illegally Contacted Cellular Telephones, Suit Says
NEW JERSEY: Six Livery Companies File Class Action v. Governor

OIL STATES: "Minton" Suit Seeks to Recover Unpaid Overtime Wages
PALAMA HOLDINGS: Recalls Frozen, Raw Chicken Products
PELLA CORPORATION: Series Windows Were Defective, Suit Claims
PELLA CORPORATION: Sued in Washington Over Defective Windows
PROCOLLECT INC: Unlawfully Contacted "Gusman" Class, Suit Says

RHEEM MANUFACTURING: AC Evaporator Coils Are Defective, Suit Says
SCHISLER LAW: Accused of Violating Fair Debt Collection Act
SCOTT BYRON: Court Enters Class Notice Ruling in FLSA Suit
SENSA PRODUCTS: Weight Loss Product Does Not Deliver, Suit Claims
STEWART'S SHOPS: Faces Class Action Over Wage Law Violations

TOURO INFIRMARY: Court Denies Plaintiffs' Class Certification Bid
TUCKER PLUMBING: Trial Court Ruling in "Yanni" Suit Affirmed
UTAH: Local ACLU Mulls Suit Over Recognition of Same-Sex Marriage
WATERVIEW DEVELOPMENT: Sued for Not Paying OT and Minimum Wages


                        Asbestos Litigation


ASBESTOS UPDATE: SPHC Plan Disclosures Hearing Moved to Feb. 5
ASBESTOS UPDATE: Appeals From SPHC Estimation Remain Pending
ASBESTOS UPDATE: MP Saddened That Bid to Improve Fibro Bill Failed
ASBESTOS UPDATE: Lung Cancer Claimed in St. Clair County Suit
ASBESTOS UPDATE: Deadly Dust Ruins Bolton Beauty Spot

ASBESTOS UPDATE: Meso Kills Morley Veteran
ASBESTOS UPDATE: Children in English Village Exposed to Fibro
ASBESTOS UPDATE: 70 Died From Fibro in 5 Years in NE Lincolnshire
ASBESTOS UPDATE: Geography Bldg. Users Worried About Deadly Dust
ASBESTOS UPDATE: City Fibro Monitoring Slammed by Own Watchdog

ASBESTOS UPDATE: Kittery Sets Hearing for Fibro Abatement Project
ASBESTOS UPDATE: Third Wave of Fibro Claims Threatens Insurers
ASBESTOS UPDATE: Family of Exposed Citizens Urged to Call Center
ASBESTOS UPDATE: Woman Fined for Dumping Fibro Near Changing Rooms
ASBESTOS UPDATE: Complaint Sparks Calls for Calgary Fibro Review

ASBESTOS UPDATE: Doncaster Widow Appeals Over Husband's Death
ASBESTOS UPDATE: More Fibro Found in La Habra Heights Renovation
ASBESTOS UPDATE: Fibro Removal Required Before Keyes Remodel
ASBESTOS UPDATE: Son of Fibro Victim Appeals for Help in Probe
ASBESTOS UPDATE: Fibro Removal From Sydney Academy No Concern

ASBESTOS UPDATE: Sad Legacy of Fibro in South Tyneside Workplaces
ASBESTOS UPDATE: Bakers Contract Cancer From Fibro in Old Ovens
ASBESTOS UPDATE: Widow of Former ICI Employee Wins Payout
ASBESTOS UPDATE: Fibro Cleanup Delays Explosion Probe at Refinery
ASBESTOS UPDATE: Alabama High School to be Tested for Toxic Dust

ASBESTOS UPDATE: OSHA Cites Thompson Wrecking Over Violations
ASBESTOS UPDATE: Mesothelioma Bill Feared Not Enough for Victims
ASBESTOS UPDATE: Window Fibro Adds to Memorial Demolition Costs
ASBESTOS UPDATE: Fibro Fears Force Closure of Halifax Building
ASBESTOS UPDATE: Accountant's Death May Be Caused by School Fibro

ASBESTOS UPDATE: Perth Hills Residents Warned of Fibro Exposure
ASBESTOS UPDATE: PI Suit v. Crane Co. Remains in NY District Court
ASBESTOS UPDATE: WECCO's Insurance Suit Remains in Maryland Court
ASBESTOS UPDATE: 5th Cir. Remands Breach of Contract Suit v. USPS
ASBESTOS UPDATE: UCC's Bid to Dismiss "Kestenbaum" Suit Denied

ASBESTOS UPDATE: NY Court Denies ITT's Bid to Vacate "Dumas" Suit
ASBESTOS UPDATE: Crane Co. Dropped From "Kirschner" Suit
ASBESTOS UPDATE: 7th Cir. Affirms Jury Verdict in "O'Malley" Suit
ASBESTOS UPDATE: 9th Cir. Vacates Expert Admission in PI Suit
ASBESTOS UPDATE: R.I. Court Denies Bid to Dismiss "Lepore" Suit


                             *********


ADVANCED MICRO: Robbins Geller Files Class Action in California
---------------------------------------------------------------
Robbins Geller Rudman & Dowd LLP on Jan. 15 disclosed that a class
action has been commenced in the United States District Court for
the Northern District of California on behalf of purchasers of
Advanced Micro Devices, Inc. common stock during the period
between October 27, 2011 and October 18, 2012.

If you wish to serve as lead plaintiff, you must move the Court no
later than 60 days from January 15, 2014.  If you wish to discuss
this action or have any questions concerning this notice or your
rights or interests, please contact plaintiff's counsel, Darren
Robbins of Robbins Geller at 800/449-4900 or 619/231-1058, or via
e-mail at djr@rgrdlaw.com

If you are a member of this class, you can view a copy of the
complaint as filed or join this class action online at
http://www.rgrdlaw.com/cases/amd/

Any member of the putative class may move the Court to serve as
lead plaintiff through counsel of their choice, or may choose to
do nothing and remain an absent class member.

The complaint charges AMD and certain of its officers and
directors with violations of the Securities Exchange Act of 1934.
AMD is a multinational semiconductor company that develops
computer processors and related technologies for commercial and
consumer markets.

The complaint alleges that during the Class Period, defendants
made false and misleading statements about the Company's business
and prospects.  Specifically, the complaint alleges defendants
made false statements and/or concealed adverse facts regarding
AMD's 32 nanometer Llano (the "Llano") Accelerated Processing Unit
("APU"), which is a type of microprocessor that combines AMD's
central processing unit and its graphics processing unit onto a
single piece of silicon, including repeatedly highlighting the
"strong" and "significant" interest in, demand for, and unit
shipments of, the Llano APUs, and falsely and misleadingly
representing that AMD's desktop business was in a "strong
position" and that it would "continue to rebound" in 2012.  As a
result of defendants' false statements, AMD stock traded at
artificially inflated prices throughout the Class Period.

In July 2012, AMD announced that weak demand for Llano APUs in
desktop devices, particularly in its Chinese and European markets,
had resulted in AMD's reporting of lower than expected revenue for
the June 30, 2012 quarter.  The revelation of this information
caused the price of AMD stock to decline by nearly 25% on
extremely heavy trading volume.  Then on October 18, 2012, the
Company announced that its gross margins for the fiscal 2012 third
quarter had declined more than 31% from its previous quarter, in
large part due to AMD's recording of an approximate $100 million
inventory write-down, mainly attributable to the overstated value
of the Llano.  On this news, the price of AMD stock declined
nearly another 17% on extremely heavy trading volume.

Plaintiff seeks to recover damages on behalf of all purchasers of
AMD common stock during the Class Period.  The plaintiff is
represented by Robbins Geller, which has expertise in prosecuting
investor class actions and extensive experience in actions
involving financial fraud.

Robbins Geller -- http://www.rgrdlaw.com-- represents U.S. and
international institutional investors in contingency-based
securities and corporate litigation.  With nearly 200 lawyers in
ten offices, the firm represents hundreds of public and multi-
employer pension funds with combined assets under management in
excess of $2 trillion.


AIRPORT CONCESSIONS: Classwide Settlement Reached in O'Brien Suit
-----------------------------------------------------------------
The parties in ROBERT O'BRIEN, individually, and on behalf of all
others similarly situated, Plaintiff, v. AIRPORT CONCESSIONS,
INC., a Colorado corporation d/b/a Connections Made EZ, Defendant,
CIVIL ACTION NO. 13-CV-01700-CMA-BNB, (D. Colo.), notified the
court of a classwide settlement.

Magistrate Judge Boyd N. Boland ordered the parties to file a
motion for preliminary approval of classwide settlement on or
before January 17, 2014.

Still pending, however, is the Plaintiff's Motion for Class
Certification.  Despite court orders that the Defendant respond to
that motion on or before December 2, 2013, no response has been
received.

In view of the notice of classwide settlement, Magistrate Judge
Boland issued an order, directing the parties to file a status
report addressing whether the Plaintiff's Motion for Class
Certification is opposed.

A copy of the District Court's January 15, 2014 Order is available
at http://is.gd/rolfmZfrom Leagle.com.


APPLE INC: 9th Cir. Denies Review of Class Cert. Order
------------------------------------------------------
The United States Court of Appeals for the Ninth Circuit on Jan.
14 denied review of the district court's order certifying a class
of technical employees who worked at seven high-tech companies --
including Adobe, Apple, Google, and Intel -- from approximately
2005 through 2009.  As a result, the class certification order
stands.

On October 24, 2013, U.S. District Court Judge Lucy H. Koh granted
class certification in a class action charging that Adobe, Apple,
Google, Intel, and other large tech companies conspired to
suppress the pay of their technical employees, including by
agreeing not to actively recruit each other's employees.  In a
comprehensive, 86-page order, the Court found that, "based on the
extensive documentary evidence, economic theory, data, and expert
statistical modeling, Plaintiffs' methodology demonstrates that
common issues are likely to predominate over individual issues."

On November 7, 2013, Defendants sought permission from the Ninth
Circuit to appeal Judge Koh's class certification order.
Plaintiffs opposed the request.  Last week, the Ninth Circuit
denied Defendants' request for permission to appeal: "The court,
in its discretion, denies the petition for permission to appeal
the district court's October 24, 2013 order granting class action
certification."

"We appreciate the Ninth Circuit's review of Judge Koh's class
certification order, and we look forward to seeking justice for
the class at trial," said Kelly M. Dermody, a partner at Lieff,
Cabraser, Heimann and Bernstein, LLP, and Co-Lead Class Counsel.

Trial is set to begin on May 27, 2014.  The case is In re: High-
Tech Employee Antitrust Litigation, Case 5:11-cv-02509-LHK (N.D.
Cal).


BEHAVIORAL HEALTHCARE: Faces Class Action Over FLSA Violation
-------------------------------------------------------------
Jon Campisi, writing for Pennsylvania Record, reports that
Behavioral Healthcare Inc. has filed a class action lawsuit
against the company on behalf of herself and others similarly
situated that alleges the defendant failed to properly pay the
employees overtime wages.

The named plaintiff in the litigation is Ivelisse Montes, a
Northeaster Philadelphia resident who was employed by the
defendant for the past three years as a medical biller, where she
was responsible for completing medical billing paperwork,
collections, and communications with insurance companies.

Ms. Montes was an hourly employee who made $9 per hour when she
was first hired, and $12 an hour at the time of her firing, the
suit says.  The woman never received overtime pay despite the fact
that she regularly worked in excess of 40 hours per week, the
lawsuit states.  The defendant, the complaint alleges, failed to
compensate Montes at the rate of time-and-a-half for each hour
that she worked in excess of the required 40 per week.

The same could be said for the other class members, the lawsuit
states, who include current and former employees who were non-
exempt employees under the Fair Labor Standards Act.

In addition to the healthcare agency, the other defendants named
in the complaint are John Does 1 through 5, who are identified as
those employed by the defendant who are responsible for directly,
or indirectly, aiding, abetting or assisting with creating the
company's policies and practices that resulted in the plaintiffs
failing to receive overtime pay.

Additionally, there are five John Doe defendants who are said to
have control over processing payroll for Best Behavioral
Healthcare Inc., which is based in Philadelphia's Frankford
neighborhood.

The collective plaintiffs, or proposed class members, in the
complaint are described as those who have or had similar job
duties, substantially similar pay provisions, and are subject to
the defendants' alleged unlawful policies and practices.

The complaint says there are "numerous similarly situated current
and former employees of Defendants who were compensated improperly
for overtime work in violation of the FLSA and who would benefit
from the issuance of a Court Supervised Notice of the instant
lawsuit and the opportunity to join in the present lawsuit."

In addition to the FLSA, the defendants are also accused of
violating the Pennsylvania Wage Payment and Collection Law and the
Pennsylvania Minimum Wage Act.

In addition to seeking class certification, the plaintiff seeks
unspecified compensatory damages, liquidated damages, attorneys'
fees and legal costs.

The complaint was filed on Jan. 9 at the Eastern District of
Pennsylvania by New Jersey attorneys Justin L. Swidler and Richard
S. Swartz of the firm Swartz Swidler.

The federal case number is 2:14-cv-00121-JD.


BLAZIN' WINGS: May 19 Final Approval Hearing on Settlement
----------------------------------------------------------
District Judge Anthony W. Ishii signed a stipulation in the case
captioned JAMES GRIPENSTRAW, an individual, on behalf of himself
and on behalf of all persons similarly situated, Plaintiff, v.
BLAZIN' WINGS, INC., d/b/a BLAZIN' WINGS, a Minnesota Corporation;
and Does 1 through 50, Defendant, CASE NO. 1:12-CV-00233-AWI-SMS,
(E.D. Cal.), setting the hearing date for the final approval of
the proposed settlement of the case to May 19, 2014, at 1:30 p.m.

A copy of the January 13, 2014 Stipulation is available at
http://is.gd/G3oAFlfrom Leagle.com.

Attorneys for Plaintiff JAMES GRIPENSTRAW:

   NORMAN B. BLUMENTHAL, Esq.
   KYLE R. NORDREHAUG, Esq.
   APARAJIT BHOWMIK, Esq.
   BLUMENTHAL, NORDREHAUG & BHOWMIK
   2255 Calle Clara
   San Diego, CA  92037
   Telephone: (858) 367-9913
   Facsimile: (858) 551-1232

STACEY E. JAMES, Bar No. 185651 -- sjames@littler.com -- MATTHEW
E. FARMER, Bar No. 190484 -- mfarmer@littler.com -- LITTLER
MENDELSON, P.C., San Diego, California, Attorneys for Defendant
BLAZIN' WINGS, INC.

MATTHEW E. FARMER, Bar No. 190484 LITTLER MENDELSON, P.C., Fresno,
California, Attorneys for Defendant BLAZIN' WINGS, INC.


BLINDS BY VERTICAN: Recalls Corded Bottom-up Pleated Shades
-----------------------------------------------------------
Starting date:            January 6, 2014
Posting date:             January 6, 2014
Type of communication:    Consumer Product Recall
Subcategory:              Household Items
Source of recall:         Health Canada
Issue:                    Strangulation Hazard
Audience:                 General Public
Identification number:    RA-37397

Affected products: Corded Top-down Bottom-up Pleated Shade greater
than 71 cm (28 inches) wide and Corded Bottom-up Pleated Shades
greater than 71 cm (28 inches) wide

The recalled shades are custom made to order and are available in
various dimensions, colours and materials.  Only those corded Top-
down Bottom-up and Bottom-up pleated shades that are greater than
71 centimetres (28 inches) wide are affected by this recall.  The
affected units have product codes PC-40 and PC-41, with dates
between January 1, 2011 and December 15, 2013.  The product and
dates codes can be located on the head rail of the product.

Health Canada's sampling and evaluation program has determined
that the recalled shades pose a strangulation hazard by having
exposed looped operating cords.  Young children may pull looped
cords around their neck, posing a risk of strangulation.

Neither Health Canada nor Blinds by Vertican has received reports
of incidents or injuries related to the use of these shades.

Approximately 171 Top-down Bottom-up Pleated Shades and 738
Bottom-up Pleated Shades.

The recalled products were manufactured in Canada and sold from
January 1, 2011 to December 9, 2013 at various retailers across
Canada.

Companies:

  Manufacturer     Blinds by Vertican Inc.
                   Medicine Hat
                   Alberta
                   Canada

Consumers should immediately stop using the recalled blinds and
contact the retailer where they purchased the product to arrange
for a repair.


BMW OF NORTH AMERICA: Dist. Court Enters Show Cause Order
---------------------------------------------------------
In the case captioned MONITA SHARMA and ERIC ANDERSON, on behalf
of themselves and all others similarly situated, Plaintiffs, v.
BMW OF NORTH AMERICA, LLC, Defendant, NO. C-13-2274 MMC, (N.D.
Cal.), two motions were filed August 29, 2013, by defendant BMW of
North America, LLC: (1) "Motion to Dismiss for Lack of Standing
and Failure to State a Claim"; and (2) "Motion to Strike Class
Allegations."

Plaintiffs Monita Sharma and Eric Anderson have opposed each
motion.

In a January 15, 2014 Order available at http://is.gd/CeYmALfrom
Leagle.com, District Judge Maxine M. Chesney directed the
Plaintiffs to show cause, in writing and no later than February 7,
2014, why their claim for injunctive relief should not be
dismissed for lack of standing.  Additionally, although the Court
will defer ruling on the remaining arguments in BMW's motion to
dismiss pending resolution of the issue of standing, the
Plaintiffs were directed to file, no later than February 7 and
limited to three pages in length, a response to the Statement of
Recent Decision filed by BMW on November 25, 2013.

Judge Chesney added that, if the plaintiffs are of the view that
they could allege additional facts to support a finding that the
plaintiffs have standing to seek injunctive relief, the plaintiffs
may respond to the order by filing, no later than February 7 a
Second Amended Complaint that includes any such additional facts.
If the plaintiffs file a Second Amended Complaint to add such
allegations, plaintiffs may, but are not required to, otherwise
amend their existing claims.


BOULANGERIE ANDALOS: Recalls Anis Cookies Due to Undeclared Milk
----------------------------------------------------------------
Starting date:            January 6, 2014
Type of communication:    Recall
Alert sub-type:           Food Recall Warning (Allergen)
Subcategory:              Allergen - Milk
Hazard classification:    Class 1
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Boulangerie Andalos Inc.
Distribution:             Ontario, Quebec, Possibly National
Extent of the product
distribution:             Consumer
CFIA reference number:    8541

Boulangerie Andalos Inc. is recalling Andalos brand Anis Cookies
from the marketplace because they contain milk which is not
declared on the label.  People with an allergy to milk should not
consume the recalled product described below.

If you have an allergy to milk, do not consume the recalled
product as it may cause a serious or life-threatening reaction.

There have been no reported illnesses associated with the
consumption of these products.

The recall was triggered by Canadian Food Inspection Agency (CFIA)
test results.  The CFIA is conducting a food safety investigation,
which may lead to the recall of other products.  If other high-
risk products are recalled the CFIA will notify the public through
updated Food Recall Warnings.

The CFIA is verifying that industry is removing recalled product
from the marketplace.

Affected products: 420 g. Andalos Cookies / Biscuits a l'anis in
all packages where milk is not declared on the label and with UPC
7 74005 00013 5


BOULANGERIE ANDALOS: Recalls Kaak Muhalla Due to Undeclared Milk
----------------------------------------------------------------
Starting date:            January 7, 2014
Type of communication:    Recall
Alert sub-type:           Updated Food Recall Warning (Allergen)
Subcategory:              Allergen - Egg, Allergen - Milk
Hazard classification:    Class 1
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Boulangerie Andalos Inc.
Distribution:             Quebec
Extent of the product
distribution:             Retail

The food recall warning issued on January 6, 2014 has been updated
to include an additional product.  This additional information was
identified during the Canadian Food Inspection Agency's (CFIA)
food safety investigation.

Boulangerie Andalos Inc. is recalling Andalos brand Kaak Muhalla
from the marketplace because it contains milk and egg which are
not declared on the label.  People with an allergy to milk or egg
should not consume the recalled product described below.

The following product has been sold from Boulangerie Andalos
located at 350 Lebeau, Ville St-Laurent, Quebec.

If you have an allergy to milk or egg, do not consume the recalled
product as it may cause a serious or life-threatening reaction.

There have been no reported illnesses associated with the
consumption of this product.

The recall was triggered by Canadian Food Inspection Agency (CFIA)
test results.  The CFIA is conducting a food safety investigation,
which may lead to the recall of other products.  If other high-
risk products are recalled the CFIA will notify the public through
updated Food Recall Warnings.

The CFIA is verifying that industry is removing recalled product
from the marketplace.

Affected products: 400 g. Andalos Kaak Muhalla in all packages
where milk and egg are not declared on the label


C&S WHOLESALE: Jury Trial in Biceck Suit Set for July 2015
----------------------------------------------------------
After reviewing the Joint Status Report in the case captioned
DENNIS BICEK, Plaintiff, v. C&S WHOLESALE GROCERS, INC., et al.,
Defendants, NO. 2:13-CV-00411 MCE-KJN, (E.D. Cal.), Chief District
Judge Morrison C. England, Jr., entered a Pretrial Scheduling
Order, which provides, among other things, that:

* The last day to hear dispositive motions will be March 19,
  2015.

* The parties will file trial briefs not later than May 14, 2015.
  Counsel are directed to Local Rule 285 regarding the content of
  trial briefs.

* Any evidentiary or procedural motions are to be filed by May 7,
  2015. Oppositions must be filed by May 14, 2015 and any reply
  must be filed by May 21, 2015. The motions will be heard by the
  Court at the same time as the Final Pretrial Conference.

* The trial is set for July 13, 2015 at 9:00 a.m.  Trial will be a
  jury trial. The panel will consist of eight jurors. The
  parties estimate a trial length of five days.

A copy of the District Court's January 13, 2014 Pretrial
Scheduling Order is available at http://is.gd/vr6EK0from
Leagle.com.


CHEF'S CHOICE: Court Issues Notice on Class Settlement Factors
--------------------------------------------------------------
District Judge William Alsup issued a notice in the case captioned
DARBAR CUISINE, INC., on behalf of itself and all others similarly
situated, Plaintiff, v. CHEF'S CHOICE MESQUITE CHARCOAL, LAZZARI
FUEL COMPANY LLC, CALIFORNIA CHARCOAL AND FIREWOOD, INC., and
WILLIAM W. LORD, Defendants, NO. C 13-05331 WHA, (N.D. Cal.)
regarding factors to be evaluated for any proposed class
settlement.

Judge Alsup reminded counsel to "please keep in mind the following
factors that will typically be considered in determining whether
to grant preliminary approval to a class settlement":

1. ADEQUACY OF REPRESENTATION.
2. DUE DILIGENCE.
3. COST-BENEFIT FOR ABSENT CLASS MEMBERS.
4. THE RELEASE.
5. EXPANSION OF THE CLASS.
6. REVERSIONS.
7. CLAIM PROCEDURE.
8. ATTORNEY'S FEES.
9. DWINDLING OR MINIMAL ASSETS?
10. TIMING OF PROPOSED SETTLEMENT.
11. A RIGHT TO OPT OUT IS NOT A CURE-ALL.
12. INCENTIVE PAYMENTS.
13. NOTICE TO CLASS MEMBERS.

A copy of the District Court's January 14, 2014 Notice is
available at http://is.gd/eRlCecfrom Leagle.com.


CLOVER STORNETTA: Court Dismisses Certain Claims in Labeling Suit
-----------------------------------------------------------------
Chief Magistrate Judge Elizabeth D. Laporte granted, in part, and
denied, in part, a motion to dismiss the case captioned AMY GITSON
and DEBORAH ROSS, individually and on behalf of all others
similarly situated, Plaintiffs, v. CLOVER STORNETTA FARMS,
Defendant, NO. C-13-01517 EDL, (N.D. Cal.).

This is a putative class action alleging that Plaintiffs have been
deceived by Defendant Clover-Stornetta Farms, Inc.'s labeling of
its yogurt. Plaintiffs allege that Defendant's use of the term
"Organic Evaporated Cane Juice" in its marketing materials is
deceitful and misleading because "Organic Evaporated Cane Juice"
is actually sugar and/or "dried cane syrup." Plaintiffs also
allege that Defendant's "natural" label is deceptive. Plaintiffs
claim that Defendant's labeling violates federal and California
laws. Defendant has moved to dismiss Plaintiff's suit under
Federal Rule of Procedure 12(b)(6).

In a January 14, 2014 Order available at http://is.gd/KTJKI8from
Leagle.com, Chief Magistrate Judge Laporte granted the motion to
dismiss the Plaintiff's "natural" labeling claims on standing
grounds, without prejudice.  The Court granted the motion to
dismiss without prejudice to the extent any claims are based on
the Standard of Identity for Yogurt, based on primary
jurisdiction.  The Court granted the motion to dismiss the
Plaintiff's unjust enrichment claim with prejudice.  The Court
denied the motion to dismiss as to all other claims.


CONTRA COSTA: Stipulated Protective Order Entered in W.B. Suit
--------------------------------------------------------------
District Judge Saundra B. Armstrong signed a Stipulated Protective
Order on January 15, 2014, in the case captioned G.F., by and
through her guardian ad litem, Gail F.; W.B., by and through his
guardian ad litem, CiCi C.; Q.G., by and through his guardian ad
litem, Barbara C.; and on behalf of themselves and a class of
those similarly situated, Plaintiffs, v. CONTRA COSTA COUNTY;
CONTRA COSTA COUNTY OFFICE OF EDUCATION. Defendants, CASE NO. C
13-3667-SBA, (N.D. Cal.).

Disclosure and discovery activity in this action are likely to
involve production of confidential, proprietary, or private
information for which special protection from public disclosure
and from use for any purpose other than prosecuting this
litigation may be warranted. Accordingly, the parties stipulated
to and petitioned the court to enter a Stipulated Protective
Order. The parties acknowledged that the Order does not confer
blanket protections on all disclosures or responses to discovery
and that the protection it affords from public disclosure and use
extends only to the limited information or items that are entitled
to confidential treatment under the applicable legal principles.
The parties further acknowledged that this Stipulated Protective
Order does not entitle them to file confidential information under
seal; Civil Local Rule 79-5 and General Order 62 set forth the
procedures that must be followed and the standards that will be
applied when a party seeks permission from the court to file
material under seal.

A copy of the Stipulated Protective Order is available at
http://is.gd/KohjSOfrom Leagle.com.

SIDNEY M. WOLINSKY (CA BAR NO. 33716), MARY-LEE K. SMITH (CA BAR
NO. 239086), REBECCA WILLIFORD (CA BAR NO. 269977), KARA JANSSEN
(CA BAR NO. 274762), DISABILITY RIGHTS ADVOCATES, Berkeley, CA,
HERNAN VERA (CA BAR NO. 175149), LAURA FAER (CA BAR NO. 233846),
PUBLIC COUNSEL, Berkeley, CA, P20, GRACE A. CARTER --
gracecarter@paulhastings.com -- (CA BAR NO. 101610), GINA COOK --
ginacook@paulhastings.com -- (CA BAR NO. 245611), PAUL HASTINGS
LLP, San Francisco, CA, Attorneys for Plaintiffs.

SHARON L. ANDERSON (SBN 94814), County Counsel, D. CAMERON BAKER
(SBN 154432), Deputy County Counsel, COUNTY OF CONTRA COSTA,
Martinez, California, Attorneys for Defendant Contra Costa County.

Kimberly A. Smith -- ksmith@fagenfriedman.com -- SBN 176659, David
Mishook -- dmishook@fagenfriedman.com -- SBN 273555, FAGEN
FRIEDMAN & FULFROST, LLP, Oakland, California, Attorneys for
Defendant Contra Costa County Office of Education.


DENBURY ONSHORE: Class Action Dismissed Following Settlement
------------------------------------------------------------
TO: All persons, corporations, partnerships or other entities who
own or have a legal, interest in immovable property located in
Acadia Parish across which a right-of way was granted to Shell
Pipeline Company in 1942 and pursuant to which a 10" pipeline was
constricted across the property and was replaced in 2008 with a
new 24" pipeline installed by Denbury Onshore, LLC.

NOTICE:

On October 23, 2008, a lawsuit was filed by Tracy Fontenot and
Gregory Soileau in the 27th Judicial District Court for the Parish
of St. Landry, entitled Tracy Fontenot and Gregory Soileau v.
Denbury Onshore, LLC, Docket No. 08-C-5721-B, asserting that
Denbury did not have the right to replace the 10" pipeline across
their property with the new 24" pipeline because the 1942 right of
way agreement had expired by 10 years non-use and was no longer in
effect.  This action was brought on behalf of Tracy Fontenot and
Gregory Souleau individually and on behalf of the following class
of persons and entities described in their Petition for
Declaratory Judgment of which you may be a member:

[A]ll persons and/or entities whose land Defendant [Denbury]
contends to have various rights over, under and across.

There was no certification by the court to allow this action to
proceed further as a class action on behalf of this described
class of persons and entities.

The purpose of this Notice is to advise that, following a ruling
on October 22, 2012 by the Honorable Glennon P. Everett in the
proceeding entitled, Aaron Frank McGee, et al v. Denbury Offshore,
LLC., Docket No. 2008-11103- I, consolidated with Denbury Onshore,
LLC v. Patrick Fuselier, Docket No. 86-206-F, declaring that the
1942 right of way agreement remains in effect and that Denbury's
replacement of the 10" pipeline with the 24" pipeline was
authorized, which ruling was appealed but subsequently dismissed
by agreement of the parties, the named plaintiffs in this action,
Tracy Fontenot and Gregory Soileau, decided not to pursue this
action and reached a settlement with Denbury with respect to their
individual claims, Pursuant thereto, on December 10, 2013 an Order
was entered by the court dismissing the individual claims of Tracy
Fontenot and Gregory Soileau, with prejudice, and dismissing the
class allegation set forth in the Petition for Declaratory
Judgment in this case without prejudice to the right of persons
and members of the class described in the Petition for Declaratory
Judgment to file individual claims within the time prescribed by
law applicable, to such claims.

This Notice is to further advise that if you believe that you have
a claim based upon the allegations in the Petition for Declaratory
Judgment and wish to pursue an individual claim at your own
expense, it will be necessary for you to file a separate lawsuit
on your own behalf.  The filing of such a claim is time sensitive
and failure to take action in a timely manner could terminate your
right to bring such a claim.  The complete case file for this
action may be reviewed at the Office of the Clerk of Court for the
27th Judicial District Court for St. Landry Parish, 118 South
Court Street, Opelousas, Louisiana.


DIAMOND FOODS: Court Enters Show Cause Order for Barclays
---------------------------------------------------------
In IN RE DIAMOND FOODS, INC., SECURITIES LITIGATION, NO. 11-CV-
05386-WHA, (N.D. Cal.), District Judge William Alsup ordered
Barclays Capital to appear and demonstrate why it should not be
held in contempt for failing to respond to Class Counsel's notice
and instructions regarding the Court's Orders.

Judge Alsup held that Barclays may file a responsive brief in the
Court no later than January 27, 2014 at noon and serve it on all
parties by the same date and time. This brief will set forth the
reasons why Barclays has not submitted the required broker letter
demonstrating that it distributed the Notice of Proposed
Settlement to any clients who purchased Diamond common stock
during the Class Period, or in the alternative, provided the names
and addresses of such clients to the Claims Administrator in
accordance with the Notice that was distributed on October 1,
2013. The parties may file any replies thereto on or before
January 29, 2014, at noon. A hearing to consider the responses and
to determine whether Barclays should be held in contempt, is
scheduled for January 30, February 6, 2014, at 1:00 p.m.

The Court further ordered that Barclays identify the date on which
it distributed the Notice of Proposed Settlement to its clients
who purchased Diamond common stock during the Class Period, if
applicable, and, if the date of distribution of the Notice was
later than November 20, 2013, that the time for its clients to
submit a Claim to the Claims Administrator is extended to February
15, February 28, 2014. Barclays must give appropriate notice of
the extension of time to file a Claim, and confirm to the Court
that it has done so. Barclays may be relieved of its obligation to
appear on February 6, January 30, 2014 to show cause only if it
provides to Class Counsel -- Meryl W. Roper, Chitwood Harley
Harnes LLP, 1230 Peachtree Street, NE, Suite 2300, Atlanta, GA
30309, (404) 873-3900 -- mroper@chitwoodlaw.com -- on or before
that date, the required broker compliance letter or a statement
confirming that it did not hold Diamond common stock on behalf of
any clients during the Class Period.

A copy of the District Court's January 14, 2014 Show Cause Order
is available at http://is.gd/IlFOXYfrom Leagle.com.


EASTMAN CHEMICAL: Faces Class Action Over Toxic MCHM Spill
----------------------------------------------------------
Tony Rutherford, writing for HuntingtonNews.Net, reports that a
federal suit filed in Charleston, WV claims that Eastman Chemical
which manufactures MCHM which spilled into the Elk, Kanawha and
Ohio River hid toxic and carcinogenic properties.

"The foreseeable risks of harm posed by 4-MCHM could have been
reduced or avoided by reasonable instructions or warnings," the
plaintiffs said in the complaint, referring to the chemical.
"Their omission renders the product not reasonably safe."'

The complaint continues, "4-MCHM is a combination of two very
dangerous chemicals known to cause cancer and other effects, but
the MSDS sheets issued by the manufacturer, Eastman Chemical
Company, ignore and hide the extensive scientific information"

WV American Water and Freedom Industries are also named in the
federal suit.  Numerous suits have been filed in Kanawha County
Circuit Court.

The Eastman case is Vantap LLC v. Eastman Chemical Co., 14-cv-
01374, U.S. District Court, Southern District of West Virginia
(Charleston).

WV Attorney General Patrick Morrisey is also investigating along
with U.S. Prosecutor Booth Goodwin.


ELITE MODEL: Court Approves Intern Class Action Settlement
----------------------------------------------------------
Dhani Mau, writing for Fashionista.com, reports that back in
February, a former Elite Model Management intern slapped the
modeling agency with a $50 million lawsuit.  Plaintiff Dajia
Davenport interned during the summer of 2010 and claimed that
Elite "deliberately misclassifies its interns as exempt from wage
requirements," despite having them work over 40 hours per week.
Less than a year later, the two parties are reaching a settlement.
As a result, Elite won't be paying up $50 million for a class
action lawsuit, but the interns involved will be getting
compensated.

On Jan. 10, the District Court for the Southern District of
New York approved a $450,000 class action settlement, guaranteeing
participating interns a minimum payment of $700, and as much as
$1,750.  It's the largest settlement of an intern class action to
date.

While the money has not yet been doled out, the settlement has
been approved, which means that a notice can now be sent out to
interns, who will then be given the opportunity to participate by
submitting a claim form.  The compensation amounts are estimates
based on thorough research.  Seven hundred dollars, for instance,
would cover minimum wage for someone who worked for a four-week
period, explained Steven L. Wittels -- slw@wittelslaw.com -- whose
law firm Wittels Law is handling the case.  He described it as "a
very favorable sum to the interns."


ESTHER JACOBO: Court Dismisses Claims vs. Dudek in Disability Suit
------------------------------------------------------------------
District Judge Robert L. Hinkle ordered the dismissal of claims
filed against Elizabeth Dudek in the case captioned T.W., P.M.,
and DISABILITY RIGHTS OF FLORIDA, etc., Plaintiffs, v. ESTHER
JACOBO, etc., et al., Defendants, CASE NO. 4:13CV457-RH/CAS,(N.D.
Fla.).

The plaintiffs seek to represent a class of individual with
psychiatric disabilities who are confined in three state hospitals
but could receive care in the community. The plaintiffs say this
violates the Americans with Disabilities Act as interpreted in
Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999).  Two of the
hospitals are operated by, and the third is operated under
contract with, the Florida Department of Children and Families
(DCF). The hospitals, like all hospitals in Florida, are licensed
by the Florida Agency for Health Care Administration (AHCA).  The
plaintiffs have named as defendants Esther Jacobo, in her official
capacity as Interim Secretary of DCF, and Elizabeth Dudek, in her
official capacity as Secretary of AHCA.

Ms. Dudek moved to dismiss the suit.

According to the Court, it is not at all clear that meaningful
relief could be granted against Ms. Dudek at AHCA.  AHCA has no
authority to release a patient from a hospital or provide benefits
to a patient in the community; only DCF can do so.  Ms. Dudek
could be ordered to take action against a hospital's license, but
an order of that kind would make little sense, ruled Judge Hinkle.
Courts ordinarily address a problem directly rather than by
enlisting an executive agency as an interface. Here the court
could remedy any violation much more directly simply by ordering
Ms. Jacobo at DCF to take the appropriate action, he added.

"In short, even if meaningful relief could be provided against Ms.
Dudek, there would be no reason for it; an order directed to Ms.
Jacobo could accomplish everything that could be accomplished
through an order directed to Ms. Dudek. This is not quite the same
as, but is similar to, the reasoning that led the Eleventh Circuit
to approve the dismissal of redundant claims against official-
capacity defendants in Busby v. City of Orlando, 931 F.2d 764, 776
(11th Cir. 1991) (approving the dismissal of official-capacity
defendants whose presence was merely redundant to the naming of an
institutional defendant). There is no reason to have two
defendants when one will do," ruled Judge Hinkle.

Ms. Dudek's motion to dismiss is granted.

A copy of the District Court's January 13, 2014 Order is available
at http://is.gd/DSaQLJfrom Leagle.com.


FIDELITY INVESTMENTS: Faces Class Action Over Revenue-Sharing
-------------------------------------------------------------
Jacklyn Wille, writing for Bloomberg BNA, reports that a recently
filed class action complaint alleges that Fidelity Investments
committed fiduciary breach and engaged in prohibited transactions
with respect to its own profit sharing plan by failing to
"recapture" certain revenue-sharing payments made by the plan's
mutual fund adviser to the plan's record keeper, both of which are
Fidelity entities (Yeaw v. FMR LLC, D. Mass., No. 1:14-cv-10035,
complaint filed 1/7/14).

According to the complaint, Fidelity "effectively charged its Plan
thirty-five times what it should have charged its Plan" while
disclosing "[v]irtually [n]othing" about this arrangement to plan
participants.

Although challenges to revenue-sharing arrangements have become
more common in recent years, the participants' claims are somewhat
unusual, because each of the entities involved in the alleged
arrangement -- the plan sponsor, mutual fund adviser and record
keeper -- are members of the same corporate family.

The complaint was filed Jan. 7 in the U.S. District Court for the
District of Massachusetts by two participants in the FMR LLC
Profit Sharing Plan.  They seek certification of a class of all
plan participants from Jan. 8, 2008, until the present, which the
complaint contends is "over 50,000" individuals.  According to the
participants, the Fidelity plan is "among the largest" defined
contribution retirement plan in the country with about $9.5
billion in assets as of 2012.

                    Revenue-Sharing Recapture

The participants alleged that various Fidelity entities served as
the sponsor, mutual fund adviser and record keeper for the plan.
Pursuant to the internal revenue-sharing arrangement among these
entities, the participants argued, the plan's adviser paid a share
of the revenue it received from plan investments to the plan's
record keeper to defray some or all of the plan's administrative
costs.

The participants alleged that Fidelity received an annual record-
keeping fee of $335 per participant in 2012, with reasonable
market fees being no more than $27 per participant.  Further, the
participants argued that Fidelity was legally prohibited from
charging its plan "anything but its direct costs in providing
recordkeeping services," which the complaint estimated to be $10
per participant, per year.

The participants challenged these actions as violations of the
Employee Retirement Income Security Act's rules governing
fiduciary responsibility and prohibited transactions.

                           Tussey Case

In their complaint, the participants cited a 2012 decision of the
U.S. District Court for the Western District of Missouri that also
involved Fidelity.

The Tussey court found that the plan's sponsor -- ABB Inc. --
breached its fiduciary duties by failing to comply with the plan's
investment policies, which specifically required ABB to use
revenue-sharing rebates to offset the cost of providing
administrative services to plan participants.

The Missouri federal court said that ABB permitted Fidelity -- the
plan's record keeper -- to take the revenue-sharing amounts to
cover record-keeping costs without resulting in a reduction in
administrative costs.

In the Tussey ruling, the court said that "if a plan sponsor opts
for revenue sharing as its method of paying for recordkeeping
services, it must not only comply with its governing plan
documents, it must also have gone through a deliberative process
for determining why such a choice is in the Plan's and
participants' best interest."

The Tussey court also faulted ABB for failing to "consider how the
Plan's size could be leveraged to reduce recordkeeping costs."

The Fidelity plan participants bringing the instant lawsuit relied
on these portions of the Tussey opinion to argue that, "[w]hen
revenue-sharing payments exceed the market rate for the value of
recordkeeping services, a fiduciary is obligated to seek rebates
to the plan for the excess amounts."

The Tussey ruling has been appealed to the U.S. Court of Appeals
for the Eighth Circuit, which heard oral arguments in September
2013.


FINANCIAL TECHNOLOGIES: 4 Investors File Class Action in India
--------------------------------------------------------------
Khushboo Narayan, writing for Livemint, reports that four
investors have filed a class action lawsuit against Financial
Technologies (India) Ltd. (FTIL), promoted by entrepreneur Jignesh
Shah, in the Bombay high court to prevent it from selling its
assets as the company's unit National Spot Exchange Ltd (NSEL)
battles a Rs.5,574.35 crore payment crisis.

The case has been filed as a representative suit under the Civil
Procedure Code, 1908 because the new law enacted in August to
regulate Indian companies, which provides for class action suits,
is yet to be notified.

The investors, including Modern India Ltd, have filed the lawsuit
against FTIL and 40 other entities that include NSEL, which has
been embroiled in crisis since the end of July, to stop them from
selling their assets till the case is resolved in court.  The suit
seeks to recover Rs.5,000 crore at an annual interest of 16%, said
a lawyer who has seen the petition and requested anonymity.

In the first hearing on the matter on Jan. 15, justice S.J.
Kathawala asked Modern India, which has invested about Rs.30 crore
in NSEL, to advertise in a national daily, asking other aggrieved
investors who have till now not approached the court to join the
representative suit.

The judge directed FTIL to file an affidavit in the court stating
its shareholding in National Bulk Handling Corp. Ltd., a unit of
FTIL.  The court also asked for certain disclosures from the
company on its recent stake sale in Singapore Mercantile Exchange.

In November, FTIL sold its Singapore Mercantile Exchange unit to
the IntercontinentalExchange Group Inc. for $150 million.

In addition, La-Fin Financial Services Pvt. Ltd, a firm promoted
by FTIL founder Shah and his wife, has also been asked to disclose
its current assets.

The disclosures will have to be filed by January 27, the court
ruled.  It will hear the matter again on February 14.

The case could have a bearing on FTIL's ability to sell shares in
MCX, in which it holds 26%, and shares and warrants in MCX-SX, of
which it controls a cumulative 70.9%.  FTIL holds a 99.9% stake in
NSEL.


FLAG CREDIT: Walters Suit to Proceed in N.D. Florida Court
----------------------------------------------------------
Horace Walters filed class-action claims in state court against
Flag Credit Union and CUMIS Insurance Society, Inc.  Mr. Walters
seeks to represent three classes, all comprised of "Florida
consumers" who bought a vehicle, borrowed all or part of the
purchase price, and bought "guaranteed asset protection" -- a
product that purportedly would pay off the loan if the vehicle was
damaged or destroyed and other insurance was insufficient to cover
the unpaid balance.

CUMIS filed a timely notice of removal based on the Class Action
Fairness Act (CAFA). The issue is whether the case should be
remanded based on CAFA's "local-controversy exception."

In a January 13, 2014 Order available at http://is.gd/Mk1fSWfrom
Leagle.com, District Judge Robert L. Hinkle held that jurisdiction
is determined to be proper and the case will go forward in the
United States District Court, N.D. Florida, Tallahassee Division.

The plaintiffs are not entitled to remand based on Section
1332(d)(4)(A), he said.

The attorneys must confer and file by February 10, 2014, a revised
Federal Rule of Civil Procedure 26(f) report.

The case is HORACE WALTERS, Plaintiff, v. FLAG CREDIT UNION and
CUMIS INSURANCE SOCIETY, INC., Defendants, CASE NO. 4:13CV241-
RH/CAS, (N.D. Fla.).


FREEDOM INDUSTRIES: Faces Eight Class Actions Over Chemical Leak
----------------------------------------------------------------
Kyla Asbury, writing for Legal Newsline, reports that at least
eight class action lawsuits have been filed in Kanawha Circuit
Court against Freedom Industries for a chemical leak in West
Virginia that caused more than 300,000 residents to go without
water for days.

West Virginia-American Water Company is also named as a defendant
in four of the eight suits.

On Jan. 11, James C. Peterson, R. Edison Hill and Aaron L. Harrah
of Hill, Peterson, Carper, Bee & Deitzler PLLC; Anthony J.
Majestro of Powell & Majestro PLLC; and Timothy C. Bailey and Lee
Javins of Bucci Bailey & Javins LC filed an expedited motion to
refer the cases to the mass litigation panel.

On Jan. 10, at least eight to 10 lawsuits were filed in Kanawha
Circuit Court concerning similar common questions of law or fact
concerning the chemical leak and water contamination by the
defendants.  It is reasonably expected that many more will be
filed, the motion states.

"The scale of the effects of this catastrophic event, including
the potentially 300,000 effected water customers and potential
class claimants, necessitate referral of these cases to the Mass
Litigation Panel," the motion states.

Only the Mass Litigation Panel can efficiently handle claims of
this span and breadth, according to the motion.

Harry F. Bell Jr. -- hfbell@belllaw.com -- of the Bell Law Firm
said the water contamination incident is a mess that comes down to
responsibility and accountability.

Mr. Bell said the government officials should have known what was
upstream of its facility, should have issued a rationing order and
closed off its intakes, then opened them back up once the chemical
leak had passed, but this did not happen.  Mr. Bell said they have
filed preservation orders and have a significant amount of
resources to get answers in this case.

EJ&K Enterprises LLC and South Hills Market & Cafe; Scott Miller
and Bar 101 LLC; Adelphia Inc.; Suzette L. Conley; Susan K. Dyer;
Kanawha Gourmet Sandwiches LLC; Laura Gandee; and 5 Corners Cafe
LLC and Justin A. Amos, the owner of the Vintage Barber Shop,
filed the lawsuits on Jan. 10 in Kanawha Circuit Court after a Do
Not Use order was enforced across parts of nine counties in West
Virginia.

On Jan. 9, Freedom Industries negligently and recklessly caused a
chemical leak at its Etowah River Terminal plant, which resulted
in a chemical spill into the Elk River, according to the suits.
The chemical that was discharged into the Elk River was a foaming
agent used in the coal preparation process.  As a result of the
chemical spill, West Virginia declared a state of emergency and
customers of West Virginia-American Water were ordered not to
drink, bathe, cook or wash clothes using tap water. The plaintiffs
suffered a loss of the use of their water since Jan. 9, the
complaint says.

Freedom Industries had a duty to the plaintiffs to use reasonable
care, to properly run and operate its Etowah River Terminal plant
and to not allow chemicals to be leaked into the Elk River,
according to the suits.  The plaintiffs said Freedom negligently
and recklessly breached its duty by causing the chemical leak and
permitting and/or allowing the unlawful release of the chemical
into the Elk River.

The class consists of thousands of members and is so numerous that
joinder of all class members is impractical, according to the
suits.  The plaintiffs are seeking compensatory and punitive
damages.

EJ&K Enterprises and South Hills Market & Cafe LLC are being
represented by Jonathan R. Mani, Damon L. Ellis and Bernard E.
Layne III of Mani Ellis & Layne PLLC; and John E. Sutter and Roger
Decanio of the Sutter Law Firm PLLC.

Mr. Miller and Bar 101 are being represented by Peterson, Hill,
Harrah, Majestro, Powell, Bailey and Javins.

Adelphia is being represented by J. Timothy DiPiero, Lonnie C.
Simmons, Sean P. McGinley and Robert M. Bastress III of DiTrapano,
Barrett, DiPiero, McGinley & Simmons PLLC and Charles R. "Rusty"
Webb -- rusty@rustywebb.com -- of the Webb Law Firm PLLC.

Ms. Conley is being represented by Robert B. Warner, Lynnette
Simon Marshall and Tammy Bowles Raines of Warner Law Offices PLLC;
and Robert P. Fitzsimmons, Clayton J. Fitzsimmons and Brent E.
Wear of Fitzsimmons Law Firm PLLC.

Ms. Dyer and Kanawha Gourmet Sandwiches are being represented by
Harry F. Bell Jr. and Jonathan W. Price -- jwprice@belllaw.com --
of the Bell Law Firm PLLC; Jerrold S. Parker of Parker Waichman
LP; and Richard J. Arsenault -- rarsenault@nbalawfirm.com -- of
Neblett, Beard & Arsenault.

Ms. Gandee, 5 Corners Cafe and Mr. Amos are being represented by
Kathy A. Brown -- kathybrownlaw@gmail.com -- of Kathy Brown Law;
and F. Jerome Tapley -- jtapley@cwcd.com -- Jon Collins Conlin --
jconlin@cwcd.com -- and Hirlye R. "Ryan" Lutz III --
rlutz@cwcd.com -- of Cory Watson Crowder & DeGaris PC.

The cases have been assigned to Circuit Judges James C. Stucky,
Carrie Webster, Jennifer Bailey and Charles E. King

Kanawha Circuit Court case numbers: 14-C-46, 14-C-47, 14-C-48, 14-
C-51, 14-C-53, 14-C-55, 14-C-60, 14-C-61


GENESIS LOGISTICS: Obtains Favorable Ruling in "Aguirre" Suit
-------------------------------------------------------------
District Judge James V. Selna entered final judgment in the case
captioned GARMALIEL AGUIRRE, LUIS BERNAL, KAREEM CRAIG, GREG
GUERRERO, MARTHA HILDEBRAND, BRET LAMBOURNE, MATTHEW LAMBOURNE,
DAN LE BOEUF, CARLOS MARTINEZ, BRIAN MATA, JOHN M. ORTEGA, ANTHONY
ORTIZ, HENRY RENDON, KENNY SWAILS, and all other "aggrieved"
employees, Plaintiffs, v. GENESIS LOGISTICS INC., an Ohio
corporation, and DOES 1-100, inclusive, Defendants, CASE NO.
SAVC12-00687-JVS. (ANX), (C.D. Cal.).

Judgment is entered as follows:

1. Judgment in favor of Genesis on Plaintiffs' meal and rest break
   claims under the Private Attorney General Act (PAGA) and the
   Unfair Competition Law (UCL) (California Labor Code Section
   2699 et seq.; California Labor Code Sections 226.7 and 512;
   California Business and Professional Code Section 17200 et
   seq.) as preempted by the Federal Aviation Administration
   Authorization Act, 49 U.S.C. 14501 et seq.;

2. Judgment in favor of Genesis on Plaintiffs' claim for unpaid
   wages under the PAGA and UCL (California Labor Code Section
   2699 et seq.; California Labor Code Sections 204, 1197-98;
   California Business and Professional Code Section 17200 et
   seq.); as preempted by Section 301 of the federal Labor
   Management Relations Act (LMRA);

3. Judgment in favor of Genesis on Plaintiffs' waiting time claims
   under PAGA and the UCL (California Labor Code Section 2699 et
   seq.; California Labor Code Sections 201-203; California Labor
   Code Sections 201-203; California Business and Professional
   Code Section 17200 et seq.) as preempted by Section 301 of the
   LMRA;

4. Judgment in favor of Plaintiffs on their wage statement claims
   under the PAGA (California Labor Code Section 2699 et seq.,
   California Labor Code Section 226) in the amount of
   $500,000.00, with the possibility of an additional $100,000.00
   per month under the PAGA, up to a maximum total of an
   additional $500,000.00, for every month past December 15, 2013,
   that Genesis does not submit a declaration demonstrating
   compliance with Labor Code Section 226(a);

5. Judgment in favor of Genesis on Plaintiffs' wage statement
   claims under the UCL (California Labor Code Section 226;
   California Business and Professional Code Section 17200 et
   seq.); for lack of statutory standing.

6. Judgment in favor of Genesis on Plaintiffs' record-keeping
   claims under PAGA and the UCL (California Labor Code Section
   2699 et seq.; California Labor Code Sections 226 and 1174;
   California Business and Professional Code Section 17200 et
   seq.).

A copy of the District Court's January 14, 2014 Final Judgment
is available at http://is.gd/B1pRU4from Leagle.com.

Attorneys for Plaintiffs, Aashish Y. Desai, Esq. --
aashish@desai-law.com -- at DESAI LAW FIRM, P.C., and:

   M. Adrianne De Castro, Esq.
   DESAI LAW FIRM, P.C.
   3200 Bristol St., Ste. 650
   Costa Mesa, CA 92626
   Telephone: (949) 614-5830
   Facsimile: (949) 271-4190


GERBER PRODUCTS: Court Narrows Claims in "Bruton" Class Action
--------------------------------------------------------------
Plaintiff Natalia Bruton brought a putative class action against
Gerber Products Company, alleging that Gerber violated federal and
state law by making false and misleading claims on its food
product labels.  Presently before the Court is Gerber's Motion to
Dismiss Bruton's Second Amended Complaint.

In a January 15, 2014 Order available at http://is.gd/WSqDv2from
Leagle.com, District Judge Lucy H. Koh granted, in part, and
denied, in part, Gerber's Motion to Dismiss.  Specifically, the
Court ruled that:

1. Gerber's Request for Judicial Notice is denied;

2. Gerber's Motion to Dismiss Bruton's claims related to the
    Substantially Similar Products for lack of standing is granted
    with prejudice in part and denied in part;

3. Gerber's Motion to Dismiss Bruton's claims related to website
    statements she did not view for lack of standing is granted
    with prejudice;

4. Gerber's Motion to Dismiss Bruton's claims for lack of
    standing because Bruton's allegations of reliance are
    implausible is denied;

5. Gerber's Motion to Dismiss Bruton's claims on the ground that
    no reasonable consumer would be misled by Gerber's label
    statements is denied;

6. Gerber's Motion to Dismiss Bruton's claims related to Gerber's
    "Healthy" label statements on the ground that these statements
    constitute non-actionable "puffery" is denied;

7. Gerber's Motion to Dismiss Bruton's "Excellent/Good Source"
    and "Healthy" claims on the ground that these label statements
    comply with FDA regulations is denied;

8. Gerber's Motion to Dismiss Bruton's claims that Gerber failed
    to disclose that its label statements were illegal is granted
    with prejudice;

9. Gerber's Motion to Dismiss Bruton's claims on the ground that
    the SAC fails to plead Bruton's purchases with particularity
    under Federal Rule of Civil Procedure 9(b) is denied; and

10. Gerber's Motion to Dismiss Bruton's nationwide class
    allegations is denied.

The case is NATALIA BRUTON, individually and on behalf of all
others similarly situated, Plaintiff, v. GERBER PRODUCTS COMPANY,
Defendant, ASE NO. 12-CV-02412-LHK, (N.D. Cal.).


INTL FCSTONE: Pomerantz Law Firm Files Class Action in New York
---------------------------------------------------------------
Pomerantz LLP on Jan. 13 disclosed that it has filed a class
action lawsuit against INTL FCStone, Inc. and certain of its
officers.  The class action, filed in United States District
Court, Southern District of New York, and docketed under 14-cv-
232, is on behalf of a class consisting of all persons or entities
who purchased or otherwise acquired securities of INTL FCStone
between February 17, 2010 and December 16, 2013, both dates
inclusive.  This class action seeks to recover damages against the
Company and certain of its officers and directors as a result of
alleged violations of the federal securities laws pursuant to
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934
and Rule 10b-5 promulgated thereunder.

If you are a shareholder who purchased INTL FCStone securities
during the Class Period, you have until March 14, 2014 to ask the
Court to appoint you as Lead Plaintiff for the class.  A copy of
the Complaint can be obtained at http://www.pomerantzlaw.com

To discuss this action, contact Robert S. Willoughby at
rswilloughby@pomlaw.com or 888-476-6529 (or 888-4-POMLAW), toll
free, x237.  Those who inquire by e-mail are encouraged to include
their mailing address, telephone number, and number of shares
purchased.

INTL FCStone is a financial services holding company.  The Company
and its subsidiaries offer a broad spectrum of financial services
to its customers throughout the world, including execution and
advisory services in commodities, currencies, and international
securities.

The Complaint alleges that throughout the Class Period, Defendants
made false and/or misleading statements, as well as failed to
disclose material adverse facts about the Company's business,
operations, and prospects.  Specifically, Defendants made false
and/or misleading statements and/or failed to disclose that: (1)
there existed critical integration issues with the companies
acquisitions, including with respect to financial reporting for
its Commodity and Risk Management unit; (2) the Company overstated
revenues in trading gains of up to $10.2 million, causing an
overstatement of net income by approximately $6.4 million; (3) the
Company lacked adequate internal and financial controls; and, (4)
as a result of the foregoing, the Company's statements were
materially false and misleading at all relevant times.

On February 9, 2012, the Company held a conference call with
investors to discuss its first quarter 2012 performance.  The
Company reported revenues $20 million lower than the same period
for the prior year.  During the conference call, the Company
discussed various critical issues such as slowing revenue streams
and falling volume in the commodities market.  On this news, the
Company's shares fell $3.94 per share, or 14%, to close on
February 9, 2012 at $22.54 per share.

On December 17, 2013, the Company disclosed that it will not be
able to file its Form 10-K for the fiscal year ended September 30,
2013, due to a review to evaluate the need to restate its
financial results for its 2011, 2012 and 2013 fiscal years as a
result of an overstatement of trading gains discovered in the
reconciliation of FCStone Markets, one of the Company's
subsidiaries.  The Company advised that the restatement will
reduce previously reported trading gains by up to $10.2 million
and consolidated net income by approximately $6.4 million.  On
this news, INTL FCStone securities declined $1.62 per share, or
nearly 8%, to close at $18.93 per share on December 17, 2013.

With offices in New York, Chicago, Florida, and San Diego, The
Pomerantz Firm -- http://www.pomerantzlaw.com-- concentrates its
practice in the areas of corporate, securities, and antitrust
class litigation.


INTL FCSTONE: Says Securities Class Action Without Merit
--------------------------------------------------------
INTL FCStone Inc., a global diversified financial services
company, on Jan. 14 disclosed that two purported class action
lawsuits have been filed in the United States District Court for
the Southern District of New York against the company and certain
of its officers and directors.  The complaints allege violations
of federal securities laws, and claim that the company has issued
false and misleading information concerning the company's business
and prospects.  The actions seek unspecified damages on behalf of
persons who purchased the company's shares on specified dates
between February, 2010 and December, 2013.

The company stated that it strongly believes the cases are
completely without merit.  Sean O'Connor, INTL FCStone's chief
executive officer, commented, "We believe that our disclosures
have been fully compliant with the company's obligations under
securities laws and under the rules of NASDAQ.  The filing of
these actions follow a decline in INTL FCStone's share price and a
restatement of prior period results.  We intend to vigorously
defend against these meritless claims."


JOHNS PIZZA: Faces Suit Alleging Violations of FCRA and FACTA
-------------------------------------------------------------
Connor Lund and Susie Schlosser, on behalf of themselves and all
others similarly situated v. Johns Pizza Cafe Limited, Case No.
0:14-cv-00063-ADM-SER (D. Minn., January 7, 2014) is a consumer
class action based upon the Defendant's alleged violation of the
Fair Credit Reporting Act and the Fair and Accurate Credit
Transactions Act.

The Plaintiffs allege that the online orders in Johns Pizza
resulted in its printing the customers' names, addresses (of
delivery), telephone numbers on the receipts in addition to the
customers type of credit card, last four digits of the credit card
number and full expiration date -- all in violation of FCRA and
FACTA.

Defendant Johns Pizza Cafe Limited is a Minnesota corporation with
a registered address in St. Paul, Minnesota.

The Plaintiffs are represented by:

          Thomas J. Lyons, Jr. Esq.
          CONSUMER JUSTICE CENTER, P.A.
          367 Commerce Court
          Vadnais Heights, MN 55127
          Telephone: (651) 770-9707
          Facsimile: (651) 704-0907
          E-mail: tommycjc@aol.com


LEE BROS: Recalls Dried Sausage Products
----------------------------------------
Lee Bros. Foodservice Inc., a San Jose, Calif., establishment, is
recalling 740 pounds of sausage products that may be contaminated
with Staphylococcus aureus enterotoxin, the U.S. Department of
Agriculture's Food Safety and Inspection Service (FSIS) announced.

These products are subject to recall:

   -- 16 oz packages of Lee's Sandwiches brand Pork Sausages
      produced on 2/11/13 with an identifying code "042P" printed
      on the back of the package

   -- 16 oz packages of Lee's Sandwiches brand Pork and Chicken
      Sausages produced on 2/12/13 with an identifying code of
      "043PC" printed on the back of the package

Each package bears the establishment number "Est. 11041" inside
the USDA Mark of Inspection.  The products were sold at the
wholesale and retail level in Arizona, California, Oklahoma,
Nevada, Texas and by phone orders.

The problem was discovered by FSIS personnel during a food safety
assessment.  The inspector was reviewing processing records and
found that the water level in the product may have been high
enough to allow for the production of Staphylococcus aureus
enterotoxin.  FSIS has received no reports of illnesses associated
with consumption of these products.  Individuals concerned about
an illness should contact a physician.

FSIS routinely conducts recall effectiveness checks to ensure that
steps are taken to make certain that the product is no longer
available to consumers.  When available, the retail distribution
list(s) will be posted on the FSIS website at:
http://www.fsis.usda.gov/recalls

Consumers and media with questions about the recall should contact
the company's Customer Service line, at (800) 640-8880.

Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. "Ask Karen" live chat services
are available Monday through Friday from 10 a.m. to 4 p.m. ET.
The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline
(1-888-674-6854) is available in English and Spanish and can be
reached from l0 a.m. to 4 p.m. (Eastern Time) Monday through
Friday.  Recorded food safety messages are available 24 hours a
day.  The online Electronic Consumer Complaint Monitoring System
can be accessed 24 hours a day at:
http://www.fsis.usda.gov/reportproblem.


MADISON COUNTY: Dragged Again in Class Action v. Fred Bathon
------------------------------------------------------------
Heather Isringhausen Gvillo, writing for The Madison-St. Clair
Record, reports that plaintiffs in three class action lawsuits
against former Madison County Treasurer Fred Bathon and
co-conspirators over tax sale price fixing from 2005 to 2009 have
moved to again include Madison County as defendant.

The County had already been dismissed in October by a judge from a
neighboring county appointed to preside over the case.  The County
argued that Mr. Bathon was not an employee of the county, rather
he was elected and therefore, his actions did not benefit the
county.

Clinton County Circuit Judge Dennis Middendorf presides.

Mr. Bathon was sentenced to 30 months in prison on Dec. 6
following conviction on rigging property tax sales in a way that
eliminated competitive bidding and increased interest rates for
the tax buyers in exchange for campaign contributors.

Three class action lawsuits were filed on behalf of distressed
homeowners in response to Mr. Bathon's guilty plea last February.

In October, Judge Middendorff also granted Madison County Circuit
Clerk Mark Von Nida's and Alan Dunstan's motions for dismissal.

In response to the dismissals, the plaintiffs filed a motion to
amend their complaint on Nov. 20 through attorney Aaron G.
Weishaar -- aweishaar@rwalawfirm.com -- of Reinert Weishaar &
Associates in St. Louis.

Madison County filed an opposition to the plaintiffs' "Motion to
vacate, set aside and for reconsideration and/or in the
alternative for leave to file an amended complaint as to Madison
County" on Dec. 10.  Madison County argues that a litigant may not
bring a new argument or theory for the first time in a motion to
reconsider.

Madison County claims the plaintiffs failed to ask for leave prior
to the Oct. 22 hearing when Judge Middendorff dismissed Madison
County, Mr. Von Nida and Mr. Dunstan.

The plaintiffs filed a notice of discovery through Mr. Weishaar on
Nov. 21, requesting discovery on Dec. 3.  When their request
wasn't met, Mr. Weishaar filed a motion to compel Mr. Bathon's
deposition.  They allege they requested dates to take a deposition
prior to Mr. Bathon's sentencing hearing on Dec. 6.  They claim
they requested confirmation of the deposition from The Kuehn Law
Firm -- which represents Mr. Bathon -- on Dec. 1.  They spoke with
attorney Jarrod Beasley, who confirmed that they never did receive
the Motion to Quash Deposition accompanied by an email dated Nov.
26, the motion states.

The email stated that Mr. Bathon's attorneys would not produce the
defendant for deposition until the court set a motion hearing on
the matter.

According to the motion to quash, The Kuehn Law Firm argues that
the deposition is premature.  "At this point, no meaningful
discovery has taken place and the class has not been certified,"
the motion states.  "While discovery is certainly allowed in class
actions pre-certification, it is generally limited to class
certification related issues. Nothing Mr. Bathon would testify to
would have any impact on the various roadblocks to certification
faced by plaintiffs."

Regardless, the plaintiffs argue that Mr. Bathon was required by
law to attend his deposition because he failed to bring his motion
to quash for hearing before the court.

Mr. Bathon, also represented by Clyde Kuehn --
ClydeKuehn@KuehnLawFirm.com -- and Matthew P. Young --
MattYoung@KuehnLawFirm.com -- of The Kuehn Law Firm in Belleville,
responded to the plaintiffs' motion to compel on Dec. 4, arguing
that the defense did offer to make Mr. Bathon available at a
"mutually agreeable time."

Mr. Bathon argues that the plaintiffs wanted to take the
deposition in St. Louis, which he says is inappropriate.  He
claims the depositions must take place in the county in which the
deponent resides, is employed or transacts business.

According to the response, the plaintiffs' served the notice of
deposition on Nov. 21, demanding a deposition date for Dec. 3,
which only allowed five business days between the two dates.

Mr. Bathon further states that a deposition at this time would be
inappropriate, as it is still unclear who the ultimate parties
will be or what specific allegations will be made against him in
the final version of the complaint.

John Barberis, Jr. of St. Jacob and Steve Giacoletto of
Collinsville represent class action plaintiff Scott Bueker.

Nelson L. Mitten -- mitten@riezmanberger.com --
Charles S. Kramer -- ckramer@riezmanberger.com -- and Paul A.
Grote -- grote@riezmanberger.com -- of Riezman Berger in St. Louis
represent class action plaintiff Geralyn Lindow.

Madison County is represented by Michael D. Schag, Patrick D.
Cloud and Ann C. Barron of Heyl, Royster, Voelker & Allen in
Edwardsville.

Madison County Circuit Court case number 13-L-276, 13-L-376 and
13-L-390


MEDICREDIT INC: Accused of Illegally Calling Consumers Using ATDS
-----------------------------------------------------------------
Seana Goodson and A.R. ex rel. Lisa Matlock, on behalf of
themselves and all others similarly situated v. Medicredit, Inc.,
Case No. 2:14-cv-00140-FMO-SS (C.D. Cal., January 7, 2014) alleges
that the Defendant has engaged in an illegal scheme of obtaining
thousands upon thousands of consumers' cellular telephone numbers
and illegally calling them using an automatic telephone dialing
system and artificial or prerecorded voice.

More simply put, the Plaintiffs argue, without first obtaining
prior express consent of the called party, the Defendant illegally
called the cellular telephones of tens of thousands of individuals
in violation of the Telephone Consumer Protection Act.

MediCredit, Inc. is a Missouri corporation headquartered in St.
Louis, Missouri.  The Company is a collection agency.

The Plaintiffs are represented by:

          Todd M. Friedman, Esq.
          Nicholas J. Bontrager, Esq.
          LAW OFFICES OF TODD M. FRIEDMAN, P.C.
          369 South Doheny Drive, Suite 415
          Beverly Hills, CA 90211
          Telephone: (877) 206-4741
          Facsimile: (866) 623-0228
          E-mail: NBontrager@attorneysforconsumers.com
                  tfriedman@attorneysforconsumers.com

               - and -

          Lee Paul Mankin, IV, Esq.
          LAW OFFICES OF L. PAUL MANKIN IV
          8730 Wilshire Boulevard, Suite 310
          Beverly Hills, CA 90211
          Telephone: (800) 219-3577
          Facsimile: (323) 207-3885
          E-mail: pmankin@paulmankin.com

               - and -

          Alexander H. Burke, Esq.
          BURKE LAW OFFICES, LLC
          155 N. Michigan Ave., Suite 9020
          Chicago, IL 60601
          Telephone: (312) 729-5288
          Facsimile: (312) 729-5289
          E-mail: aburke@burkelawllc.com

               - and -

          Scott D. Owens, Esq.
          SCOTT D. OWENS, P.A.
          2000 E. Oakland Park Blvd., Suite 106
          Ft. Lauderdale, FL 33006
          Telephone: (954) 306-8104
          Facsimile: (954) 337-0666
          E-mail: scott@scottdowens.com


MICROSOFT CORP: May Face Suit in Korea Over Competition Law Breach
------------------------------------------------------------------
Kim Yoo-chul, writing for The Korea Times, reports that sources
said on Jan. 15 Microsoft may face a class action suit in Korea
for abusing its dominant position over Internet cafes in the
country.

The Internet PC Culture Association (IPCA), which represents
thousands of Internet cafes, referred to as "PC Bang," will file a
petition soon with the Korea Fair Trade Commission (FTC) to
investigate the U.S. software giant's alleged breach of
competition laws.  The association claims that Microsoft is asking
owners of Internet cafes to pay more in return for using MS's
Windows computing platform than those paid by general users.

According to officials at IPCA and owners of PC Bang in Gangnam in
southern Seoul, one of the most affluent districts in Korea,
Microsoft Korea is asking the owners to pay Get Genuine Windows
Agreement (GGWA) with every purchase.

"We are required to sign an agreement with MS for GGWA and rental
licensing agreement, separately, and this is against the
competition law.  All owners of PC Bang should pay for GGWA to
operate computing systems in the facilities.  But MS is asking us
to additionally pay for rental licensing, which is an unfair
business practice," said Kim Sang-min, an owner of a PC Bang in
Gangnam, in a brief interview with The Korea Times.

PC Bang is a type of LAN gaming center, where patrons can play
multiplayer computer games for an hourly fee.  The typical cost
for an hour of play ranges from $0.44 to $1.32, with $1.00 per
hour being the most common cost.

As Korea is the most-wired society on Earth, PC Bang remain
popular as they provide social meeting places for gamers.

In a separate move, Korea Internet Culture Content Association
said it is also mulling the possibility of taking legal measures
against MS Korea before the FTC for similar reasons.

The FTC said it is reviewing whether or not MS Korea is breaking
any local competition law.  But an official at the government
agency said it has no immediate plan to probe the software giant.

In a statement to The Korea Times, MS Korea has firmly denied the
allegations.  "It's out of the question that we have licenses only
for local PC Bang and we have never asked them to pay more.  MS
Korea has been consistent in persuading our headquarters to launch
promotional campaigns to take illegal Windows software away from
countries in the Southeast Asian region, including Korea.  Despite
our genuine gesture, local PC Bang have been passive," according
to the statement.  The statement said MS Korea will try hard to
protect its valued intellectual properties as the world's most-
trusted software company.


MILES INDUSTRIES: Rotandi Suit Settlement Gets Final Court Okay
---------------------------------------------------------------
Chief Magistrate Judge Elizabeth D. Laporte granted final approval
of a settlement in the class action captioned CHARLENE ROTANDI and
EDHI ROTANDI, individually and on behalf of those similarly
situated, Plaintiffs, v. MILES INDUSTRIES LTD., Defendant, NO.
C11-02146 EDL, (N.D. Cal.).

The Court ordered final certification of the Settlement Class,
defined as: All consumers who are residents of the United States
and who own homes or other residential dwellings in which at least
one glass-fronted fireplace, manufactured and distributed by Miles
Industries, Ltd. of North Vancouver, Canada between January 1,
2007, through December 31, 2012 was installed from January 1,
2007, through August 16, 2013. The Settlement Class closed as of
August 16, 2013. Excluded from this class are: (1) the judge to
whom this case is assigned and any member of the judge's immediate
family; (2) the lawyers in this case and any member of their
immediate families; (3) the Mediator and any member of his
immediate family; and (4) anyone who suffered personal injury
related to the Defendant's fireplaces.

The Court appointed Edhi Rotandi and Charlene Rotandi to serve as
representatives of the Settlement Class; and these lawyers to
serve as counsel for the Settlement Class: Kirk J. Wolden, Michael
F. Ram, F. Jerome Tapley, and Hirlye R. "Ryan" Lutz III.

The Court concluded that an award of $1,890,000 for attorneys'
fees and expenses, inclusive of $113,303.78 for reimbursable
expenses, is fair and reasonable, and the that an incentive award
of $5,000 to each of Charlene and Edhi Rotandi is fair and
reasonable compensation for their representation of the Class.

A copy of the District Court's January 14, 2014 Order is available
at http://is.gd/3V1fNEfrom Leagle.com.

Attorneys for Plaintiffs and the Class, RAM, OLSON, CEREGHINO &
KOPCZYNSKI LLP Michael F. Ram (SBN 104805) -- mram@rocklawcal.com
-- Karl Olson (SBN 104760) -- kolson@rocklawcal.com -- San
Francisco, CA, F. Jerome Tapley -- jtapley@cwcd.com -- (Pro Hac
Vice) Hirlye R. "Ryan" Lutz, III -- rlutz@cwcd.com -- (Pro Hac
Vice) CORY WATSON CROWDER & DEGARIS, P.C., Birmingham, AL, and

   Kirk J. Wolden, Esq.
   CARTER WOLDEN CURTIS, LLP
   1111 Exposition Blvd, Suite 602
   Sacramento CA 95815
   Telephone: (916) 567-1111

Kristen K. Preston -- kpreston@jonesdyer.com -- (SBN 125455) JONES
& DYER A Professional Corporation Sacramento, CA, Attorneys for
Defendants MILES INDUSTRIES, INC.


MINNESOTA: Class Action Over Safe-Driving Program Mulled
--------------------------------------------------------
Brett Boese, writing for PostBulletin.com, reports that critics of
a locally administered safe driving program appear dissatisfied
with the recent courtroom victory, which prompted similar programs
across the state to close up shop.

The Wabasha County group dubbed Association of Government
Accountability, which includes county commissioners Dave Harms and
Deb Roschen, has since filed data requests in the 36 Minnesota
cities and counties that were operating the controversial classes.
Mr. Harms said on Jan. 14 that the group's intent is to compile a
list of program participants -- which will number in the tens of
thousands -- as a first step toward a potential class-action
lawsuit.

Mr. Harms and Ms. Roschen co-authored a letter to the editor in
the Jan. 14 issue of Post-Bulletin, noting that the law can be
used as "an olive branch" or "a sword."  It appears they've
elected to wield the latter.

"The association is going to put whatever pressure it can to shut
down the (diversion) programs," said Erick Kaardal, the group's
legal counsel.

In November, Minnesota Auditor Rebecca Otto released a report
saying the state had lost out on $1.6 million in potential revenue
over the last three years because of the diversion programs.
Goodhue County received $251,420 during that period, while Wabasha
County reported $96,755.

The driving classes were recently ruled illegal by Third District
Judge James Fabian.

The association's data request and looming lawsuit have Wabasha
County Sheriff Rodney Bartsh considering a challenge of Judge
Fabian's ruling.  Mr. Bartsch created the program's template 11
years ago.

Added Ms. Roschen, "It's time for (Bartsh) to take ownership of
his actions, correct the wrongs that have been done to citizens
and stop these personal attacks on commissioners who were just
trying to follow the law. And we were right."

Fallout from Judge Fabian's ruling has proved swift.  Safe driving
classes in Plainview, Lake City and Wabasha ended when Wabasha
County's program was ruled illegal.  Goodhue County suspended its
program the following day.  Red Wing's program was added to the
list on Monday night.

Mr. Kaardal said programs in Lac qui Parle, Norman and Sherburne
counties have also been ended.  The cities of Ada, Big Lake, Twin
Valley, Grand Rapids and Becker have done the same.

Sen. Matt Schmit, D-Red Wing, has said he plans to offer
legislation that would clarify the law's language, paving the way
for diversion programs to be re-instated.  However, Rep. Steve
Drazkowski, R-Mazeppa, was critical of that approach, saying he's
planned a press conference later this week to unveil his own bill;
Mr. Drazkowski declined to provide any details about the bill on
Jan. 14.


NATIONAL COLLEGIATE: "Caldwell" Suit Transferred to N.D. Illinois
-----------------------------------------------------------------
The class action lawsuit captioned Caldwell, et al. v. National
Collegiate Athletic Association, Case No. 1:13-cv-03820, was
transferred from the U.S. District Court for the Northern District
of Georgia to the United States District Court for the Northern
District of Illinois (Chicago).  The Illinois District Court Clerk
assigned Case No. 1:14-cv-00195 to the proceeding.

The lawsuit will now be included in the multidistrict litigation
involving NCAA, In Re: National Collegiate Athletic Association
Student-Athlete Concussion Injury Litigation, MDL No. 2492.

The MDL Plaintiffs allege, among other things, that the NCAA
concealed information about the risks of the long-term effects of
concussion injuries.

The Plaintiffs are represented by:

          Roger W. Orlando, Esq.
          Omar Mark Zamora, Esq.
          THE ORLANDO FIRM, P.C.
          315 East Ponce de Leon, Suite 400
          Decatur, GA 30030
          Telephone: (404) 373-1800
          Facsimile: (404) 373-5421
          E-mail: roger@orlandofirm.com
                  mark@orlandofirm.com


NATIONAL COLLEGIATE: "Doughty" Suit Moved to NCAA Concussion MDL
----------------------------------------------------------------
The lawsuit titled Doughty v. National College Athletic
Association, Case No. 3:13-cv-02894, was transferred from the U.S.
District Court for the District of South Carolina to the United
States District Court for the Northern District of Illinois
(Chicago).  The Illinois District Court Clerk assigned Case No.
1:14-cv-00199 to the proceeding.

The lawsuit will now be included in the multidistrict litigation
involving NCAA, In Re: National Collegiate Athletic Association
Student-Athlete Concussion Injury Litigation, MDL No. 2492.

The MDL Plaintiffs allege, among other things, that the NCAA
concealed information about the risks of the long-term effects of
concussion injuries.

The Plaintiff is represented by:

          John Clarke Newton, Esq.
          John Shannon Nichols, Esq.
          BLUESTEIN NICHOLS THOMPSON AND DELGADO
          PO Box 7965
          Columbia, SC 29202
          Telephone: (803) 779-7599
          Facsimile: (803) 779-8995
          E-mail: cnewton@bntdlaw.com
                  jsnichols@bntdlaw.com

The Defendant is represented by:

          John Edward Cuttino, Esq.
          TURNER PADGET GRAHAM AND LANEY
          PO Box 1473
          Columbia, SC 29202
          Telephone: (803) 227-4271
          Facsimile: (803) 400-1472
          E-mail: jcuttino@turnerpadget.com


NATIONAL COLLEGIATE: "Hudson" Suit Transferred to N.D. Illinois
---------------------------------------------------------------
The purported class action lawsuit styled Hudson v. National
Collegiate Athletic Association, Case No. 5:13-cv-00398, was
transferred from the U.S. District Court for the Northern District
of Florida to the United States District Court for the Northern
District of Illinois (Chicago).  The Illinois District Court Clerk
assigned Case No. 1:14-cv-00194 to the proceeding.

The lawsuit will now be included in the multidistrict litigation
involving NCAA, In Re: National Collegiate Athletic Association
Student-Athlete Concussion Injury Litigation, MDL No. 2492.

The MDL Plaintiffs allege, among other things, that the NCAA
concealed information about the risks of the long-term effects of
concussion injuries.

Ray Hudson is represented by:

          James Matthew Stephens, Esq.
          MCCALLUM METHVIN & TERRELL PC - BIRMINGHAM
          2201 Arlington Avenue S
          Birmingham, AL 35205
          Telephone: (205) 939-0199
          Facsimile: (205) 939-0399
          E-mail: mstephens@mmlaw.net


NATIONAL COLLEGIATE: "Morgan" Suit Transferred to Concussion MDL
----------------------------------------------------------------
The purported class action lawsuit captioned Morgan, et al. v.
National Collegiate Athletic Association, Case No. 0:13-cv-03174,
was transferred from the U.S. District Court for the District of
Minnesota to the United States District Court for the Northern
District of Illinois (Chicago).  The District Court Clerk assigned
Case No. 1:14-cv-00196 to the proceeding.

The lawsuit will now be included in the multidistrict litigation
involving NCAA, In Re: National Collegiate Athletic Association
Student-Athlete Concussion Injury Litigation, MDL No. 2492.

The MDL Plaintiffs allege, among other things, that the NCAA
concealed information about the risks of the long-term effects of
concussion injuries.

The Plaintiffs are represented by:

          James C. Selmer, Esq.
          Marc M. Berg, Esq.
          JAMES C. SELMER & ASSOCIATES, PA
          500 Washington Ave. S, Suite 2010
          Minneapolis, MN 55415
          Telephone: (612) 338-6005
          Facsimile: (612) 338-4120
          E-mail: jselmer@jselmerlaw.com
                  mberg@jselmerlaw.com

The Defendant is represented by:

          Christine R. M. Kain, Esq.
          Daniel J. Connolly, Esq.
          FAEGRE BAKER DANIELS LLP
          90 South Seventh Street
          2200 Wells Fargo Center
          Minneapolis, MN 55402-3901
          Telephone: (612) 766-7000
          Facsimile: (612) 766-1600
          E-mail: christine.kain@FaegreBD.com
                  daniel.connolly@faegrebd.com


NATIONAL COLLEGIATE: "Washington" Suit Removed to N.D. Illinois
---------------------------------------------------------------
The purported class action lawsuit titled Washington, et al. v.
National Collegiate Athletic Association, Case No. 4:13-cv-02434,
was transferred from the U.S. District Court for the Eastern
District of Missouri to the United States District Court for the
Northern District of Illinois (Chicago).  The Illinois District
Court Clerk assigned Case No. 1:14-cv-00197 to the proceeding.

The lawsuit will now be included in the multidistrict litigation
involving NCAA, In Re: National Collegiate Athletic Association
Student-Athlete Concussion Injury Litigation, MDL No. 2492.

The MDL Plaintiffs allege, among other things, that the NCAA
concealed information about the risks of the long-term effects of
concussion injuries.

The Plaintiffs are represented by:

          Thayer L. Weaver, Esq.
          TLW AND ASSOCIATES, LLC
          3216 Locust
          St. Louis, MO 63103-1207
          Telephone: (314) 531-4747
          Facsimile: (314) 531-4749
          E-mail: tlweaver@tlw-law.com

               - and -

          Daniel T. DeFeo, Esq.
          THE DEFEO LAW FIRM, P.C.
          924 Main Street
          Lexington, MO 64067
          Telephone: (660) 259-9806
          Facsimile: (660) 259-9809
          E-mail: ddefeo@defeolaw.com

The Defendant is represented by:

          Denise Portnoy, Esq.
          SPENCER FANE, LLP
          9401 Indian Creek Parkway, Suite 700
          Overland Park, KS 66210
          Telephone: (913) 327-5140
          Facsimile: (913) 345-0736
          E-mail: dportnoy@spencerfane.com


NCO FINANCIAL: Illegally Contacted Cellular Telephones, Suit Says
-----------------------------------------------------------------
Alexander Monge, on behalf of himself and all others similarly
situated v. NCO Financial Systems, Inc., and Does 1 through 10,
inclusive, and each of them, Case No. 2:14-cv-00143-ODW-AS (C.D.
Cal., January 7, 2014) seeks damages and available legal or
equitable remedies resulting from the illegal actions of NCO in
negligently, knowingly and willfully contacting the Plaintiff on
his cellular telephone in violation of the Telephone Consumer
Protection Act.

NCO Financial Systems, Inc., is in the business of consumer debt
buying and recovery/collection.  The identities of the Doe
Defendants are currently unknown.

The Plaintiff is represented by:

          Todd M. Friedman, Esq.
          Nicholas J. Bontrager, Esq.
          LAW OFFICES OF TODD M. FRIEDMAN, P.e.
          369 S. Doheny Dr., #415
          Beverly Hills, CA 90211
          Telephone: (877) 206-4741
          Facsimile: (866) 633-0228
          E-mail: NBontrager@attorneysforconsumers.com
                  tfriedman@attorneysforconsumers.com

               - and -

          Asaf AEazanof, Esq.
          ASAFLAW
          8730 Wilshire Blvd. #310
          Beverly Hills, CA 90211
          Telephone: (424) 254-8870
          Facsimile: (888) 254-0651
          E-mail: Asaf@Lawasaf.com


NEW JERSEY: Six Livery Companies File Class Action v. Governor
--------------------------------------------------------------
Thomas Zambito, writing for The Star-Ledger, reports that six
livery car companies that say they lost business while stuck in
traffic at the George Washington Bridge in September filed a
class-action lawsuit in Superior Court in Hackensack on Jan. 13
against the Christie administration and the governor's campaign
operation, claiming their "intentional and reckless conduct"
conspired to shut down bridge lanes.

Lawyers for the six companies say the class-action, if certified
by a judge, could involve thousands of other motorists who found
themselves stuck in traffic during four days of shutdowns.

Attorney Michael J. Epstein said he intends to subpoena E-ZPass
records to identify drivers who may have been affected.

"That will be one of the first things we do," said Mr. Epstein of
the Epstein Law Firm of Rochelle Park.

The lawsuit seeks an unspecified amount in damages for the
"intentional, indifferent, conspiratorial, politically motivated,
negligence and reckless and corrupt actions and misconduct that
led to the closure of multiple lanes of traffic and toll booths to
the George Washington Bridge."

The livery companies -- all based in New Jersey -- are GW Car
Service, Lime Taxi, Palisades Enterprises, Fort Lee Car Service,
Van R Us and Bergen Transportation Services.

Also named as plaintiffs are Robert and Joan Cohen of Fort Lee and
Victor Cataldo of Old Tappan.

The lawsuit names as defendant Governor Chris Christie and Bill
Stepien, the governor's former campaign manager.  The lawsuit also
names as defendants several key players in the bridge scandal,
including Christie's former deputy chief of staff, Bridget Anne
Kelly; David Wildstein, who resigned as director of interstate
capital projects for the Port Authority of New York and New
Jersey; and Bill Baroni, the former deputy executive director of
the Port Authority who also resigned.

Gov. Christie fired Ms. Kelly.

The lawsuit alleges that motorists' constitutional rights to
"life, liberty, pursuit of happiness" were violated when they were
"falsely imprisoned" in their own cars.  And it accuses the
Christie administration of engaging in racketeering activity
through illegal conduct that "affected trade or commerce."

On Jan. 9, six New Jersey residents filed a federal class-action
lawsuit against Christie, the state of New Jersey and the Port
Authority of New York and New Jersey, claiming they were late for
work as a result of the lane shutdowns.  One claimed to have
suffered a panic attack.

                           *     *     *

News12 New Jersey reports that Gov. Chris Christie has said
mistakes were made, but a group involved in a class action lawsuit
believes the "Bridge-Gate" closures were much more than that.
Peter Deshepelo of GW Taxi, Justin Sasso of Lime Taxi, and other
Fort Lee taxi drivers say they were unable to run their taxis on
time in and around Fort Lee when the lanes leading to the George
Washington Bridge were closed in September.  Mr. Sasso says if the
closures had gone on any longer, it could have put him out of
business.

GW Taxi and Lime Taxi are part of a lawsuit against the state and
numerous parties linked to Bridge-Gate, including David Wildstein
and Bridget Anne Kelly.  Attorneys Barry and Michael Epstein say
damages in this case are richly deserved.

Barry Epstein says the key point of the suit is that the traffic
backups were part of a planned and exaggerated closure.  The
lawyers say the traffic jams at the George Washington Bridge cost
the taxi companies some of their clients.

Any more parties that come to light who are connected to Bridge-
Gate could be added to the class action suit, as could plaintiffs,
according to the attorneys.


OIL STATES: "Minton" Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
Bennie Minton, Individually and On Behalf of All Others Similarly
Situated v. Oil States Energy Services, L.L.C.; Oil States Energy
Services Holding, Inc.; Oil States International, Inc.; Oil States
Industries, Inc.; and Oil States Industries (International), Inc.,
Case No. 3:14-cv-00006 (S.D. Tex., January 7, 2014) is brought as
a collective action to recover unpaid overtime wages from the
Defendants.

Mr. Minton contends that OSES violated the Fair Labor Standards
Act by employing him and other similarly situated nonexempt
employees for a workweek longer than 40 hours but refusing to
compensate them for their employment in excess of 40 hours at a
rate not less than one and one-half times the regular rate at
which they are or were employed.

Oil States Energy Services, L.L.C. is a Delaware limited liability
company.  Oil States Energy Services Holding, Inc., Oil States
International, Inc., Oil States Industries, Inc., and Oil States
Industries (International), Inc. are Delaware corporations.  OSES
is a petrochemical services company.

The Plaintiff is represented by:

          Melissa Moore, Esq.
          Curt Hesse, Esq.
          MOORE & ASSOCIATES
          Lyric Center
          440 Louisiana Street, Suite 675
          Houston, TX 77002
          Telephone: (713) 222-6775
          Facsimile: (713) 222-6739
          E-mail: melissa@mooreandassociates.net
                  curt@mooreandassociates.net


PALAMA HOLDINGS: Recalls Frozen, Raw Chicken Products
-----------------------------------------------------
Palama Holdings, LLC, a Kapolei, HI establishment, is recalling
approximately 3,600 pounds of raw, frozen marinated chicken
products because they may have experienced temperature abuse in
the distribution chain, the U.S. Department of Agriculture's Food
Safety and Inspection Service (FSIS) announced.

The products subject to recall include:

   -- 10-lb. cardboard boxes, containing 4 individual cryovac
      sealed packages of May's Hawaii "Hawaiian Style, Boneless
      and Skinless Teriyaki Chicken Thighs."

   -- 5-lb. cardboard boxes, containing two individual cryovac
      sealed packages of May's Hawaii "Hawaiian Style, Boneless
      and Skinless Teriyaki Chicken Thighs."

   -- 2-lb. cardboard boxes, containing one cryovac sealed package
      of May's Hawaii "Hawaiian Style, Boneless and Skinless
      Teriyaki Chicken Thighs."

The products were produced on various dates between Sept. 24, 2013
and Nov. 6, 2013 then were distributed for retail sale on the
islands of Oahu, Maui, Kauai and Hawaii, and to a nearby military
commissary.  The packages bear the establishment number "P-11077"
in the USDA mark of inspection on the package.

The problem was discovered during shipment when the company's
distributor observed boxes of product swollen with gases from the
bagged chicken, an indication that there may have been temperature
abuse during storage prior to product distribution.

FSIS and the company have received no reports of adverse reactions
due to consumption of these products.  Anyone concerned about a
reaction should contact a healthcare provider.

FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers.  When available, the retail distribution
list(s) will be posted on the FSIS website at:
http://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-
public-health-alerts/current-recalls-and-alerts

Consumers and media with questions about the recall may contact
Gary Hanagami, May's Hawaii vice president of retail sales, at
(808) 682-8300.

Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov.  "Ask Karen" live chat services
are available Monday through Friday from 10 a.m. to 4 p.m. ET.
The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline
(1-888-674-6854) is available in English and Spanish and can be
reached from l0 a.m. to 4 p.m. (Eastern Time) Monday through
Friday.  Recorded food safety messages are available 24 hours a
day.


PELLA CORPORATION: Series Windows Were Defective, Suit Claims
-------------------------------------------------------------
Gretchen Alexander, on behalf of Herself and on behalf of all
others similarly situated v. Pella Corporation, an Iowa
corporation, Case No. 3:14-cv-05016-BHS (W.D. Wash., January 7,
2014) asserts unfair and deceptive trade practices in violation of
the Revised Code of Washington, strict products liability,
negligence, breach of express warranty, breach of implied warranty
of merchantability, fraudulent concealment, unjust enrichment, and
seeking damages and declaratory relief in connection with Pella
Architect and Designer series windows sold by the Defendant.

Pella Corporation is an Iowa Corporation that conducts business in
Washington.  Pella designed, manufactured, marketed, advertised,
warranted, and sold the Windows to the Plaintiff and the Class as
well as the general public.

The Plaintiff is represented by:

          Brad J. Moore, Esq.
          STRITMATTER KESSLER WHELAN
          200 Second Avenue West
          Seattle, WA 98119
          Telephone: (206) 448-1777
          E-mail: Brad@stritmatter.com


NOTE: same ra isa ka sa isa ka PELLA suit. pero lahi sila ug Case
No.
PELLA CORPORATION: Sued in Washington Over Defective Windows
------------------------------------------------------------
Gretchen Alexander, on behalf of Herself and on behalf of all
others similarly situated v. Pella Corporation, an Iowa
corporation, Case No. 2:14-cv-00025 (W.D. Wash., January 7, 2014)
relates to alleged defect in Pella Architect and Designer series
windows designed, manufactured, marketed, advertised, and sold by
the Defendant.

The Windows are defective and fail to perform both at the
Plaintiff's residence and at the Class Members' residences in that
the Windows' cladding permits water penetration to expose the
interior wood components without adequate wood preservative,
drainage or evaporation, Ms. Alexander contends.  As a result, she
adds, the cladding causes and contributes to an increase in the
moisture content of the wood components beyond their capacity to
resist wood rot and microbial colonization.

Pella Corporation is an Iowa Corporation that transacted and
conducted business in Washington.  Pella designed, manufactured,
marketed, advertised, warranted, and sold the Windows to the
Plaintiff and the Class as well as the general public.

The Plaintiff is represented by:

          Brad J. Moore, Esq.
          STRITMATTER KESSLER WHELAN
          200 Second Avenue West
          Seattle, WA 98119
          Telephone: (206) 448-1777
          E-mail: Brad@stritmatter.com


PROCOLLECT INC: Unlawfully Contacted "Gusman" Class, Suit Says
--------------------------------------------------------------
James Gusman, individually and on behalf of all others similarly
situated v. Procollect, Inc., Case No. 2:14-cv-00144-SJO-AS (C.D.
Cal., January 7, 2014) is brought for damages, injunctive relief,
and other available legal or equitable remedies, resulting from
the alleged illegal actions of the Defendant in negligently and
willfully contacting the Plaintiff on his cellular telephone, in
violation of the Telephone Consumer Protection Act.

Procollect, Inc., is a Texas corporation that conducted business
in the state of California and in the County of Los Angeles.

The Plaintiff is represented by:

          Todd M. Friedman, Esq.
          Nicholas J. Bontrager, Esq.
          LAW OFFICES OF TODD M. FRIEDMAN, P.e.
          369 S. Doheny Dr., #415
          Beverly Hills, CA 90211
          Telephone: (877) 206-4741
          Facsimile: (866) 633-0228
          E-mail: NBontrager@attorneysforconsumers.com
                  tfriedman@attorneysforconsumers.com

               - and -

          Abbas Kazerounian, Esq.
          KAZEROUNI LAW GROUP, APC
          245 Fischer Avenue, Unit D1
          Costa Mesa, CA 92626
          Telephone: (800) 400-6808
          Facsimile: (800) 520-5523
          E-mail: ak@kazlg.com

               - and -

          Joshua B. Swigart, Esq.
          HYDE & SWIGART
          411 Camino Del Rio South, Suite 301
          San Diego, CA 92108
          Telephone: (619) 233-7770
          Facsimile: (619) 297-1022
          E-mail: josh@westcoastlitigation.com


RHEEM MANUFACTURING: AC Evaporator Coils Are Defective, Suit Says
-----------------------------------------------------------------
Terrance Justice, on behalf of Himself and all others similarly
situated v. Rheem Manufacturing Company, Case No. 9:14-cv-80017-
RNS (S.D. Fla., January 7, 2014) alleges that the copper
evaporator coils used in Rheem air conditioners are defective
because they are manufactured with materials that, within the
industry, are well known to be prone to formicary corrosion, which
makes the Rheem Coils unreasonably susceptible to premature
rupture and refrigerant leaks under normal use and conditions.

Rheem is a large manufacturer of heating, ventilation, and air
conditioning products for residential use in the United States.
The Company manufactures and sells consumer central air
conditioning units under its own trade name and under the Ruud
trade name.

The Plaintiff is represented by:

          Theodore J. Leopold, Esq.
          Leslie M. Kroeger, Esq.
          LEOPOLD LAW, P.A.
          2925 PGA Boulevard, Suite 200
          Palm Beach Gardens, FL 33410
          Telephone: (561) 515-1400
          Facsimile: (561) 515-1401
          E-mail: tleopold@leopold-law.com
                  lkroeger@leopold-law.com

               - and -

          Jeffrey A. Leon, Esq.
          Jamie E. Weiss, Esq.
          Zachary Jacobs, Esq.
          COMPLEX LITIGATION GROUP LLC
          513 Central Ave., Suite 300
          Highland Park, IL 60035
          Telephone: (847) 433-4500
          E-mail: Jeff@Complexlitgroup.com
                  Jamie@complexlitgroup.com
                  Zachary@Complexlitgroup.com

               - and -

          Richard J. Burke, Esq.
          COMPLEX LITIGATION GROUP LLC
          1010 Market Street, Suite 1340
          St. Louis, MO 63101
          E-mail: Rich@Complexlitgroup.com

               - and -

          Jonathan Shub, Esq.
          SEEGER WEISS LLP
          1515 Market St., Suite 1380'
          Philadelphia, PA 19102
          Telephone: (215) 564-2300
          E-mail: JShub@seegerweiss.com


SCHISLER LAW: Accused of Violating Fair Debt Collection Act
-----------------------------------------------------------
Andrea Stevens, for herself and class members v. Schisler Law,
P.L.C., Scott A. Schisler and Rustin Allen Schisler, Case No.
1:14-cv-00010 (W.D. Mich., January 7, 2014) seeks damages and
equitable relief to redress the Defendants' alleged systemic
violations of the Fair Debt Collection Practices Act and Michigan
Collection Practices Act.

The Defendants have filed hundreds (and more likely, thousands) of
post-judgment requests for writs of garnishment in Michigan courts
in connection with efforts to collect debts from consumers, the
Plaintiff says.  She adds that the Defendants routinely have
rolled the costs of unsuccessful garnishments into the balance
owed in subsequent requests for writs of garnishment,
misrepresented the amounts owed by consumers, collected amounts
not owed by consumers, and violated the FDCPA and Michigan law.

Schisler Law, P.L.C. is a Michigan professional limited liability
company, purportedly doing business in Bay City, Michigan.
Schisler Law is owned and managed by Scott A. Schisler and Rustin
Allen Schisler.  Schisler Law is a "debt collector" as the term is
defined and used in the FDCPA.

The Plaintiff is represented by:

          Phillip C. Rogers, Esq.
          40 Pearl Street, N.W., Suite 336
          Grand Rapids, MI 49503-3026
          Telephone: (616) 776-1176
          E-mail: RogersPhil@aol.com
                  ConsumerLawyer@aol.com

               - and -

          Michael O. Nelson, Esq.
          1104 Fuller N.E.
          Grand Rapids, MI 49503
          Telephone: (616) 559-2665
          E-mail: mike@mnelsonlaw.com


SCOTT BYRON: Court Enters Class Notice Ruling in FLSA Suit
----------------------------------------------------------
Plaintiffs Jose Luis Gallardo, Juan Carlos Alvarado, and Rafael
Gonzales brought a putative class action against Defendants Scott
Byron & Co. (SBC) and Scott Byron, individually, alleging
violations of the Fair Labor Standards Act, the Illinois Minimum
Wage Law, and the Illinois Wage Payment and Collection Act.
Specifically, Plaintiff Gallardo alleges that Defendants violated
the FLSA by failing to compensate him for "off-the-clock" work
performed before and after his workday and time spent travelling
from SBC's main facility to the first client work site of the day
and back to the facility from the last client work site.  Miguel
Duran has opted-in to this suit and asserts these same claims.
Plaintiffs Gallardo and Alvarado allege that Defendants violated
the FLSA and the IMWL by improperly calculating their overtime pay
rate using the "fluctuating workweek" method of calculation.
Additionally, all Plaintiffs claim that these practices also
violated the IWPCA.

Before the Court are three motions: (1) Plaintiffs' amended motion
to begin notice to potential class members pursuant to Section
16(b) of the FLSA; (2) Defendants' motion for partial summary
judgment on all claims except Gonzalez's claim for "off-the-clock"
work; and (3) Defendants' supplemental motion for partial summary
judgment on Duran's unpaid travel time claim.

In a January 14, 2014 Memorandum Opinion and Order available at
http://is.gd/V2FYjufrom Leagle.com, District Judge Amy St. Eve
granted, in part, and denied, in part, the Plaintiffs' motion to
send notice to potential class members.  Additionally, the Court
granted, in part, and denied, in part, the Defendants' motions for
partial summary judgment.

Judge St. Eve granted the Defendants' motion for partial summary
judgment with respect to Gonzalez's and Duran's claims for unpaid
travel time; denied the Defendants' motion with respect to
Gallardo's and Alvarado's claims under the FLSA and the IMWL; and
granted the Defendants' motion for summary judgment on the
Plaintiffs' IWPCA claims with respect to Gonzalez and Gallardo but
denies it with respect with respect to Alvarado.

Additionally, the Court denied Plaintiffs' amended motion to send
notice to potential class members with respect to Plaintiffs' FLSA
claims for unpaid travel time and improper use of the FWW method
to calculate their overtime.  The Court granted the Plaintiffs'
motion to send notice with respect to the Plaintiffs' claims for
compensation for "off-the-clock" work.

Judge St. Eve directed the parties to submit a proposed joint
notice to the Court for approval by January 24, 2014.
Additionally, by January 24, 2014, the Defendants must produce to
the Plaintiffs the names and last-known addresses of past and
present SBC employees who worked as laborers in SBC's property
improvement division within the statutory period.

The case is JOSE LUIS GALLARDO, JUAN CARLOS ALVARADO, and RAFAEL
GONZALES, on behalf of themselves, and all other plaintiffs
similarly situated, known and unknown, Plaintiffs, v. SCOTT BYRON
& CO., and SCOTT BYRON, Individually, Defendants, CASE NO. 12-CV-
7202, (N.D. Ill.).


SENSA PRODUCTS: Weight Loss Product Does Not Deliver, Suit Claims
-----------------------------------------------------------------
Jose Conde, individually and on behalf of all others similarly
situated v. Sensa Products, LLC and Does 1-10, inclusive, Case No.
3:14-cv-00051-JLS-WVG (S.D. Cal., January 7, 2014) seeks to enjoin
the alleged ongoing deception of hundreds of thousands of
California and United States consumers by the Defendant and to
recover the money taken by this unlawful practice.

The Plaintiff alleges that the Company's advertising of its weight
loss products are false, misleading and likely to deceive the
public because the Sensa Products do not, and cannot, provide the
weight loss benefits promised.

Sensa Products, LLC is a Delaware limited liability company
headquartered in El Segudo, California.  The Company manufactures,
markets and sells "Sensa," a line of weight loss products
consisting of Sensa crystals that consumers are instructed to
sprinkle on their food.

The Plaintiff is represented by:

          Timothy Gordon Blood, Esq.
          Thomas Joseph O'Reardon, II, Esq.
          Paula M. Roach, Esq.
          BLOOD HURST & O'REARDON, LLP
          701 B Street, Suite 1700
          San Diego, CA 92101
          Telephone: (619) 338-1100
          Facsimile: (619) 338-1101
          E-mail: tblood@bholaw.com
                  toreardon@bholaw.com
                  proach@bholaw.com

               - and -

          Scott J. Ferrell, Esq.
          NEWPORT TRIAL GROUP, A PROFESSIONAL CORPORATION
          4100 Newport Place, Suite 800
          Newport Beach, CA 92660
          Telephone: (949) 706-6464
          Facsimile: (949) 706-6469
          E-mail: sferrell@trialnewport.com


STEWART'S SHOPS: Faces Class Action Over Wage Law Violations
------------------------------------------------------------
Convenience Store News reports that a class action lawsuit was
filed on Jan. 9 in U.S. District Court for the Northern District
of New York in Albany, alleging that Stewart's Shops failed to
compensate employees for all hours worked.  Specifically, it
alleges that employees were routinely required to perform work
before and after their scheduled shifts yet were not paid for such
time, according to a news release.

The class-action lawsuit also alleges that the Saratoga Springs-
based retailer routinely deprived employees of mandatory meal
breaks; failed to implement an accurate and effective method to
record time worked by employees; failed to provide employees with
mandatory disclosures concerning their rate of pay; and failed to
pay for the cost to launder and maintain required uniforms.

The lawsuit seeks class-action status on behalf of 4,500 current
and former Stewart's Shops employees throughout New York and
Vermont.

The case is being prosecuted by Ryan M. Finn, Esq. of Hacker
Murphy LLP, an Albany-based litigation firm.

Stewart's Shops operates 330 convenience stores in upstate New
York and southern Vermont.

            Lewis County Woman Leads Wage Class Action

Brian Kelly, writing for Watertown Daily Times, reports that Holly
Gregory, a Lewis County woman, is the lead plaintiff in a proposed
federal class-action lawsuit against Stewart's Shops Inc. over
alleged violations of state and federal wage and hour laws.

Ms. Gregory filed action on behalf of herself and others similarly
situated on Jan. 9 in U.S. District Court, Syracuse, against the
Saratoga Springs-based convenience store chain.  According to the
suit, the company has systematically failed to pay its workforce
for all hours worked, allegedly resulting in employees being paid
below state and federal minimum wage.  It further is claimed that
the company has received a special permit from the state
Department of Labor to allow for 20-minute paid meal breaks under
certain circumstances, but does not provide the breaks or other
breaks called for under state law.

Ms. Gregory claims the company has a policy requiring employees to
show up early for their shifts to discuss work tasks so the
transition between shifts is smooth.  Likewise, employees are
expected to stay after their shifts to assist in the transition.
Ms. Gregory contends that on average, she worked an additional 15
minutes per shift without being paid to help with the shift
changes.  The stores do not use a time clock or punch card and
employees are paid based on the hours they are scheduled to work
"and are discouraged from making changes to the schedule to
reflect time actually worked," the suit states.

Ms. Gregory claims that the alleged hour and wage violations
adversely affect about 4,500 employees throughout 330 convenience
stores in New York and Vermont.  The suit, filed by Attorney Ryan
M. Finn, Latham, seeks class-action status for all Stewart's
employees in similar circumstances to Ms. Gregory, who is
currently the sole named plaintiff, as well as penalties and
unspecified monetary damages for any violations that are proven.
It also seeks, among other things, an order appointing Mr. Finn's
firm, Hacker Murphy LLP, as lead counsel in the action.


TOURO INFIRMARY: Court Denies Plaintiffs' Class Certification Bid
-----------------------------------------------------------------
NOTICE OF THE DENIAL OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION
Touro Infirmary proposes the Court authorize publication of notice
of the denial of Plaintiffs Motion for Class Certification in the
instant action as follows:

IMPORTANT OFFICIAL NOTICE OF DENIAL OF PLAINTIFFS MOTION FOR CLASS
CERTIFICATION

To: All persons, except employees of Touro Infirmary or SHONO,
Inc., d/b/a Specialty Hospital of New Orleans, who sustained
injury and/or damage, including but not limited to, personal
injury or wrongful death, as a result of unreasonable dangerous
conditions and/or defects in and/or on the premises of TOURO and
SHONO on or about August 29, 2005, and/or as a result of the
failure of TOURO and SHONO to attain, maintain, and/or provide an
adequate means of transportation to timely and/or safely move
persons off its premises in the wake of Hurricane Katrina.

PLEASE READ THIS NOTICE CAREFULLY. IT WILL AFFECT YOUR RIGHTS IF
YOU ARE A PERSON FITTING THE ABOVE DESCRIPTION

The Civil District Court for the Parish of Orleans denied
Plaintiffs Motion for Class Certification in the above-referenced
matter via Judgment issued August 9, 2013.

Any claims you have or believe you may have against Touro
Infirmary and/or SHONO, Inc. (d/b/a Specialty Hospital of New
Orleans), as a result of the allegedly unreasonable dangerous
conditions and/or defects in and/or on the premises of Touro
Infirmary and/or SHONO, Inc. (d/b/a Specialty Hospital of New
Orleans), on or about August 29, 2005, or as a result of the
failure of Touro Infirmary and/or SHONO, Inc. (d/b/a Specialty
Hospital of New Orleans), to attain, maintain, and/or provide an
adequate means of transportation to timely and/or safely move
persons off its premises in the wake of Hurricane Katrina are no
longer part of this lawsuit.

You need to take legal action immediately or in the very near
future if you wish to assert any claim against Touro Infirmary
and/or SHONO, Inc. (d/b/a Specialty Hospital of New Orleans), as a
result of the allegedly unreasonable dangerous conditions and/or
defects in and/or on the premises of Touro Infirmary and/or SHONO,
Inc. (d/b/a Specialty Hospital of New Orleans), on or about
August 29, 2005, or as a result of the failure of Touro Infirmary
and/or SHONO, Inc. (d/b/a Specialty Hospital of New Orleans), to
attain, maintain, and/or provide an adequate means of
transportation to timely and/or safely move persons off its
premises in the wake of Hurricane Katrina.

No person is required to contact you or assist you in filing any
claim you have or believe you may have against Touro Infirmary
and/or SHONO, Inc. (d/b/a Specialty Hospital of New Orleans), as a
result of the allegedly unreasonable dangerous conditions and/or
defects in and/or on the premises of Touro Infirmary and/or SHONO,
Inc. (d/b/a Specialty Hospital of New Orleans), on or about
August 29, 2005, or as a result of the failure of Touro Infirmary
and/or SHONO, Inc. (d/b/a Specialty Hospital of New Orleans), to
attain, maintain, and/or provide an adequate means of
transportation to timely and/or safely move persons off its
premises in the wake of Hurricane Katrina.  The burden is on you
to take action to assert your claim on your own behalf or retain
an attorney to assert the claim on your behalf.

WHY SHOULD I READ THE NOTICE?

The purpose of this Notice is to inform you your rights may be
affected by proceedings in the matter of Cheryl Weems,
individually and o/b/o her deceased mother, Veola Mosby, and on
behalf of all others similarly situated, v. Touro Infirmary, In
the Civil District Court for the Parish of Orleans, State of
Louisiana, Civil Action No. 06-6372, Division D.  This Notice is
being promulgated pursuant to La. Code Civ. Proc. art. 596(3).
The form and content of this Notice has been approved by the
Court.

WHERE DO I GET ADDITIONAL INFORMATION?

For more information about the denial of Plaintiffs Motion for
Class Certification or the class action allegations against Touro
Infirmary, you may review the pleadings, records, and other papers
filed as public record in the instant lawsuit.  That material is
available during regular business hours at the office of the Clerk
of Court for the Civil District Court for the Parish of Orleans at
421 Loyola Ave., Room 402, New Orleans, Louisiana 70112.
Additional information is also available on the website for the
Clerk of Court at http://www.orleanscdc.com


TUCKER PLUMBING: Trial Court Ruling in "Yanni" Suit Affirmed
------------------------------------------------------------
The Court of Appeals of Arizona, Division Two affirmed a trial
court's grant of summary judgment in favor of plumbing
subcontractors Tucker Plumbing, Inc., and Brewer Enterprises, Inc.
in the case captioned LOUIS YANNI; ALFRED THOMPSON; ANTHONY AND
MYRNA GUNDERSON; MARWAN ALSAYEGH; AND HANNAH SAYEGH, INDIVIDUALLY
AND ON BEHALF OF ALL PERSONS SIMILARLY SITUATED, Plaintiffs/
Appellants, v. TUCKER PLUMBING, INC., AN ARIZONA CORPORATION;
BREWER ENTERPRISES, INC., AN ARIZONA CORPORATION, Defendants/
Appellees, NO. 2 CA-CV 2013-0024.

Louis Yanni and other similarly situated homeowners appealed from
the trial court ruling arguing that the court erred by concluding
Subcontractors were not subject to suit for breach of the implied
warranty of workmanship and habitability.

Although Yanni describes this suit as a "class action," the trial
court did not address whether the suit could be maintained as a
class action pursuant to Rule 23(c), Ariz. R. Civ. P.

Presiding Judge Kelly authored the Appeals Court's November 20,
2013 Opinionn, a copy of which is available at http://is.gd/TmsR8b
from Leagle.com.  Judge Espinosa and Judge Eckerstrom concurred.

Kasdan, Simonds, Weber & Vaughan, L.L.P., Phoenix By Stephen L.
Weber -- sweber@kasdansimonds.com -- Michael J. White --
mwhite@kasdansimonds.com -- and James W. Fleming --
jfleming@kasdansimonds.com -- Counsel for Plaintiffs/Appellants.

Jones, Skelton & Hochuli, P.L.C., Phoenix By Michael A. Ludwig --
mludwig@jshfirm.com -- Lori L. Voepel -- lvoepel@jshfirm.com -- R.
Christopher Pierce -- cpierce@jshfirm.com -- and Jonathan P.
Barnes -- jbarnes@jshfirm.com -- Counsel for Defendant/Appellee
Tucker Plumbing, Inc.

O'Connor & Campbell, Phoenix By J. Daniel Campbell --
dan.campbell@occlaw.com -- and Stephanie Van Splunder --
stephanie.vansplunder@occlaw.com -- Resnick & Louis, P.C.,
Scottsdale By Mitchell J. Resnick -- mresnick@rlattorneys.com --
and Michael G. Wales -- mwales@rlattorneys.com -- Co-counsel for
Defendant/Appellee Tucker Plumbing, Inc.

Counsel for Defendant/Appellee Brewer Enterprises, Inc. Co-counsel
for Defendant/Appellee Tucker Plumbing, Inc.:

   Kenneth W. Welsh, Esq.
   Keely Verstegen, Esq.
   WELSH LAW GROUP, P.L.C.
   11811 N. Tatum Boulevard, Suite 2650
   Phoenix, AZ 85028
   Telephone: (602) 569-0698
   Facsimile: (602) 595-0682

Rai & Barone, Phoenix By Adam B. Campbell --
adam.campbell@raibarone.com -- and Shannon R. Guererro, Co-counsel
for Defendant/Appellee Brewer Enterprises, Inc.


UTAH: Local ACLU Mulls Suit Over Recognition of Same-Sex Marriage
-----------------------------------------------------------------
Nineveh Dinha, writing for FOX13Now.com, reports that the American
Civil Liberties Union of Utah says it's getting closer to filing a
class action lawsuit against the state on behalf of same-sex
couples who got married before the stay on the Amendment 3 ruling.

Same-sex couples attended a meeting on Jan. 14 at the Utah Pride
Center to decide whether they want to join a class action lawsuit
being filed soon.  According to the local chapter of the ACLU,
there are hundreds of couples on board.  More than a dozen LGBT
couples packed the Utah Pride Center to learn more about the
ACLU's pending class action lawsuit.

Mr. Mejia said it's not a matter of if, but when they file a suit.
There's also a question of what the plaintiffs should get.  "We
may or may not ask for damages.  From our perspective the most
important relief we would get from this lawsuit is the immediate
recognition of those marriages," Mr. Mejia said.


WATERVIEW DEVELOPMENT: Sued for Not Paying OT and Minimum Wages
---------------------------------------------------------------
Miguel A. Cedillos and all others similarly situated under 29
U.S.C. 216(B) v. Waterview Development Inc., WDI Precast, Inc. and
Mario Blanchet, Case No. 0:14-cv-60032-RSR (S.D. Fla., January 7,
2014) alleges that the Plaintiff and other similarly situated
employees have not been paid overtime and minimum wages for work
performed in excess of 40 hours weekly.

Waterview Development Inc. and WDI Precast, Inc. are corporations
that regularly transact business within Broward County.

Mario Blanchet is a corporate officer, owner or manager of both
Defendant Companies.

The Plaintiff is represented by:

          Jamie H. Zidell, Esq.
          J.H. ZIDELL, P.A.
          300 71st Street, Suite 605
          Miami Beach, FL 33141
          Telephone: (305) 865-6766
          Facsimile: (305) 865-7167
          E-mail: ZABOGADO@AOL.COM


                        Asbestos Litigation


ASBESTOS UPDATE: SPHC Plan Disclosures Hearing Moved to Feb. 5
--------------------------------------------------------------
The hearing to consider approval of the disclosure statement
explaining the competing plans for RPM International Inc.'s
bankrupt subsidiaries is adjourned until Feb. 5, 2014, according
to the Company's Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarterly period ended November 30,
2013.

On May 31, 2010, Bondex International and its parent, Specialty
Products Holdings Corp., filed voluntary petitions in the United
States Bankruptcy Court for the District of Delaware to reorganize
under Chapter 11 of the U.S. Bankruptcy Code.  SPHC and Bondex
took this action in an effort to permanently and comprehensively
resolve all pending and future asbestos-related liability claims
associated with Bondex and SPHC. As a result of the filing, all
litigation related to Bondex and SPHC asbestos personal injury
claims has been stayed, with the exception of the cases with
respect to which the stay was lifted. The objective of the
bankruptcy proceedings is to enable the filing entities to
establish a section 524(g) trust accompanied by a court order that
will direct all existing and future SPHC-related and Bondex-
related claims to such trust, which will then compensate asbestos
claimants based upon factors set forth in an approved plan of
reorganization. Since the date of the filing, and in accordance
with GAAP, the financial results of SPHC and Bondex have been
deconsolidated from RPM International Inc.'s financial results.

At a hearing held on November 13, 2013, the Bankruptcy Court
granted the motion of the Official Committee of Asbestos Personal
Injury Claimants and the Future Claimants' Representative for
standing to pursue SPHC estate claims against RPM International,
certain of the Company's current and former directors and
executive officers, and third party advisors. The Company
anticipated that the ACC/FCR might be permitted to pursue claims
on behalf of the SPHC and Bondex estates against the Company.  The
Company believes that the alleged SPHC estate claims are without
merit and, if such claims are made, intend to contest them
vigorously.

Both SPHC and Bondex and the ACC/FCR have filed proposed plans of
reorganization with the Bankruptcy Court. The Debtors' proposed
plan, which the Company supports, would establish an asbestos
trust to compensate legitimate asbestos claimants of the Debtors.
The asbestos trust would be funded by two notes (one issued by
SPHC and the Company as co-obligors, the other issued by Bondex
and the Company as co-obligors). The notes would provide for an
initial payment of $125 million to the trust. Additional payments
under the notes would be determined by the final outcome (whether
by court order or settlement) of the pending litigation of the
estimated value of the Debtors' asbestos claims and the
anticipated litigation of the SPHC estate claims against the
Company and other parties and possibly Bondex estate claims
against the Company and other parties. The note payments would be
made in cash or shares of the Company's common stock. Upon
consummation of the plan, SPHC and Bondex would continue to be the
Company's wholly owned direct and indirect subsidiaries,
respectively, and have no further liability with respect to
asbestos claims. The Company and its affiliates would likewise
have no liability for such claims under the proposed plan, except
as may be determined in the litigation of the SPHC and Bondex
estate claims.

The proposed ACC/FCR plan, which is opposed by the Debtors and the
Company, is an SPHC-only plan. It likewise provides for the
creation of an asbestos trust, but only for SPHC asbestos claims.
Pursuant to the ACC/FCR plan, the Company's equity interest in
SPHC would be cancelled, and 100% of the new stock in SPHC would
be issued to the asbestos trust. Although the ACC/FCR plan would
permanently protect SPHC against current and future asbestos
claims, it would provide no protection to the Company and its
affiliates and would contemplate that the Company would again be
subject to suit in the tort system by current and future asbestos
claimants of SPHC and Bondex. In addition, the plan would provide
that the asbestos trust could sue the Company and its affiliates
with respect to any claims that SPHC holds against the Company and
its affiliates.

The Bankruptcy Court initially scheduled a hearing with respect to
the disclosure statements for the two plans for December 17, 2013,
but that hearing was adjourned until February 5, 2014. At or
subsequent to that hearing, the Bankruptcy Court may take a
variety of actions, including ordering one or both of the plans to
be submitted to creditors for a vote, or determining not to
authorize the submission of either of the plans to a vote. A vote
of the creditors is an interim step toward the ultimate
confirmation of a plan, which would remain subject to further
proceedings before the Bankruptcy Court and the United States
District Court for the District of Delaware, and potential appeals
of actions taken by those courts. The Debtors contend that the
ACC/FCR plan is not confirmable, and the ACC/FCR have made similar
contentions with respect to the Debtors' plan.

At this time, the Company has no basis to make a determination as
to whether either of the proposed plans of reorganization will be
confirmed or otherwise move forward, or as to when, or whether, a
consensual resolution of the bankruptcy proceedings will be
reached, or as to the terms and conditions that may be set forth
in any plan of reorganization that may ultimately be confirmed by
the Bankruptcy Court and the District Court, whether by agreement
or otherwise.

Prior to the bankruptcy filing, the filing entities had litigated
and, on many occasions, settled asbestos-related products
liability claims brought against them. The debtors paid $92.6
million during the year ended May 31, 2010, prior to the
bankruptcy filing, in connection with the litigation and
settlement of asbestos claims, $42.6 million of which consisted of
defense costs. With the exception of the appeal bonds, no claims
have been paid since the bankruptcy filing and it is not
contemplated that any claims will be paid until a plan of
reorganization is confirmed and an asbestos trust is established
and operating.

Prior to the Chapter 11 bankruptcy filing, the Company recorded
asbestos-related contingent liabilities that included estimations
of future costs. Such estimates by their nature are subject to
many uncertainties that may change over time, including (i) the
ultimate number of claims filed; (ii) the amounts required to
resolve both currently known and future unknown claims; (iii) the
amount of insurance, if any, available to cover such claims,
including the outcome of coverage litigation against the filing
entities' third-party insurers; (iv) future earnings and cash flow
of the filing entities; (v) the impact of bankruptcies of other
companies whose share of liability may be imposed on the filing
entities under certain state liability laws; (vi) the
unpredictable aspects of the litigation process including a
changing trial docket and the jurisdictions in which trials are
scheduled; (vii) the outcome of any such trials, including
potential judgments or jury verdicts, as a result of the strategy
of Bondex and SPHC to take selective cases to verdict; (viii) the
lack of specific information in many cases concerning exposure to
products for which Bondex, SPHC, or another of the Company's
subsidiaries is allegedly responsible, and the claimants' alleged
diseases resulting from such exposure; (ix) potential changes in
applicable federal and/or state tort liability law; and (x) the
potential impact of various proposed structured settlement
transactions. All these factors may have a material effect upon
future asbestos-related liability estimates."

As a result of their bankruptcy filing, SPHC and Bondex are
precluded from paying dividends to shareholders and from making
payments on any pre-bankruptcy filing accounts or notes payable
that are due and owing to any other entity within the RPM group of
companies (the "Pre-Petition Intercompany Payables") or other pre-
petition creditors during the pendency of the bankruptcy case,
without the Bankruptcy Court's approval. Moreover, no assurances
can be given that any of the Pre-Petition Intercompany Payables
will ever be paid or otherwise satisfied.

When SPHC emerges from the jurisdiction of the Bankruptcy Court,
the subsequent accounting will be determined based upon the
applicable circumstances and facts at such time, including the
terms of any plan of reorganization.

SPHC has assessed its liquidity position as a result of the
bankruptcy filing and believes that it can continue to fund its
and its subsidiaries' operating activities and meet its debt and
capital requirements for the foreseeable future.

In fiscal 2006, management retained Crawford & Winiarski ("C&W"),
an independent, third-party consulting firm with expertise in the
area of asbestos valuation work, to assist it in calculating an
estimate of Bondex's liability for unasserted-potential-future-
asbestos-related claims. C&W's methodology to project Bondex's
liability for unasserted-potential-future-asbestos-related claims
included an analysis of: (a) a widely accepted forecast of the
population likely to have been exposed to asbestos; (b)
epidemiological studies estimating the number of people likely to
develop asbestos-related diseases; (c) the historical rate at
which mesothelioma incidences resulted in the payment of claims by
Bondex; (d) the historical settlement averages to value the
projected number of future compensable mesothelioma claims; (e)
the historical ratio of mesothelioma-related indemnity payments to
non-mesothelioma indemnity payments; and (f) the historical
defense costs and their relationship with total indemnity
payments. Based upon the results of this analysis, Bondex recorded
an accrued liability for asbestos claims through 2016 as of May
31, 2006 of $421.3 million. This amount was calculated on a pretax
basis and was not discounted for the time value of money.

During the fiscal year ended May 31, 2008, the ten-year asbestos
liability established as of May 31, 2006 was reviewed and
evaluated. As part of that process, the credibility of
epidemiological studies of Bondex's mesothelioma claims, first
introduced to management by C&W some two-and-one-half years
earlier, was validated. At the core of the evaluation process, and
the basis of C&W's actuarial work on behalf of Bondex, is the
Nicholson Study. The Nicholson Study is the most widely recognized
reference in bankruptcy trust valuations, global settlement
negotiations and the Congressional Budget Office's work done on
the proposed FAIR Act in 2006. Based on the Company's ongoing
comparison of the Nicholson Study projections and Bondex's
specific actual experience, which at that time continued to bear
an extremely close correlation to the study's projections, the
asbestos liability projection was extended out to the year 2028.
C&W assisted in calculating an estimate of the Company's liability
for unasserted-potential-future-asbestos-related claims out to
2028. C&W projected that the cost of extending the asbestos
liability to 2028, coupled with an updated evaluation of Bondex's
current known claims to reflect its most recent actual experience,
would be $288.1 million. Therefore, management added $288.1
million to the existing asbestos liability, which brought Bondex's
total asbestos-related balance sheet liabilities at May 31, 2008
to $559.7 million. On May 30, 2010, the day prior to the
bankruptcy filing, Bondex had recorded an asbestos related product
liability of $397.7 million.

The Bankruptcy Court has now estimated the present and future
asbestos-related liabilities of Bondex and SPHC at $1.17 billion,
and that determination is the subject of pending appeals.

                             About RPM

RPM International Inc. (RPM), through its subsidiaries
manufactures, markets and sells various specialty chemical product
lines, including specialty paints, protective coatings, roofing
systems, sealants and adhesives. The Company's family of products
includes those marketed under brand names, such as Carboline, DAP,
EUCO, Fibergrate, Flecto, Flowcrete, Hummervoll, Universal
Sealants, illbruck, Rust-Oleum, Stonhard, Tremco, Watco and
Zinsser. RPM's business is divided into two reportable segments:
the industrial reportable segment (industrial segment) and the
consumer reportable segment (consumer segment). The industrial
segment (RPM Building Solutions Group, Performance Coatings Group
and RPM2 Group), which comprises approximately 65% of its total
net sales, includes maintenance and protection products for
roofing and waterproofing systems, flooring, corrosion control and
other specialty applications.

                      About Specialty Products

Cleveland, Ohio-based Specialty Products Holdings Corp., aka RPM,
Inc., is a wholly owned subsidiary of RPM International Inc.  The
Company is the holding company parent of Bondex International,
Inc., and the direct or indirect parent of certain additional
domestic and foreign subsidiaries.  The Company claims to be a
leading manufacturer, distributor and seller of various specialty
chemical product lines, including exterior insulating finishing
systems, powder coatings, fluorescent colorants and pigments,
cleaning and protection products, fuel additives, wood treatments
and coatings and sealants, in both the industrial and consumer
markets.

The Company filed for Chapter 11 bankruptcy protection (Bankr. D.
Del. Case No. 10-11780) on May 31, 2010.  Gregory M. Gordon, Esq.,
Dan B. Prieto, Esq., and Robert J. Jud, Esq., at Jones Day, serve
as bankruptcy counsel.  Daniel J. DeFranceschi, Esq., and Zachary
I. Shapiro, Esq., at Richards Layton & Finger, serve as co-
counsel.  Logan and Company is the Company's claims and notice
agent.  The Company estimated its assets and debts at $100 million
to $500 million.

The Company's affiliate, Bondex International, Inc., filed a
separate Chapter 11 petition on May 31, 2010 (Case No. 10-11779),
estimating its assets and debts at $100 million to $500 million.

On May 20, 2013, the Bankruptcy Court entered an order estimating
the amount of the Debtors' asbestos liabilities, and a related
memorandum opinion in support of the estimation order.  The
Bankruptcy Court estimated the current and future asbestos claims
associated with Bondex International, Inc. and Specialty Products
Holding at approximately $1.17 billion.  The estimation hearing
represents one step in the legal process in helping to determine
the amount of potential funding for a 524(g) asbestos trust.


ASBESTOS UPDATE: Appeals From SPHC Estimation Remain Pending
------------------------------------------------------------
Appeals from a bankruptcy court's opinion estimating the current
and future asbestos liability of two of RPM International Inc.'s
bankrupt subsidiaries remain pending, according to the Company's
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarterly period ended November 30, 2013.

The Bankruptcy Court overseeing the Chapter 11 cases of the
Company's subsidiaries -- Bondex International and Specialty
Products Holdings Corp. -- issued an opinion in May 2013
estimating the current and future asbestos claims associated with
Bondex and SPHC at approximately $1.17 billion, which represented
one step in the legal process in helping to determine the amount
of potential funding for a 524(g) asbestos trust. The Debtors
firmly believe that the opinion substantially overstates the
amount of their liability and is not supported by the facts or the
law, and the Company and the Debtors have appealed the ruling.
Those appeals have been consolidated by the District Court and are
pending in that court. The ACC/FCR have filed a motion to dismiss
the appeals and the Company and the Debtors have filed a motion
seeking certification of the estimation order for direct review by
the United States Court of Appeals for the Third Circuit. Both
motions are opposed and both remain pending. Briefing of the
appeal has been stayed pending the disposition of the motions.
Unless the motions to dismiss and for certification pending in the
District Court are ruled on in the near term, the Company
currently expects that the appeal process could take an additional
two to three years.

                             About RPM

RPM International Inc. (RPM), through its subsidiaries
manufactures, markets and sells various specialty chemical product
lines, including specialty paints, protective coatings, roofing
systems, sealants and adhesives. The Company's family of products
includes those marketed under brand names, such as Carboline, DAP,
EUCO, Fibergrate, Flecto, Flowcrete, Hummervoll, Universal
Sealants, illbruck, Rust-Oleum, Stonhard, Tremco, Watco and
Zinsser. RPM's business is divided into two reportable segments:
the industrial reportable segment (industrial segment) and the
consumer reportable segment (consumer segment). The industrial
segment (RPM Building Solutions Group, Performance Coatings Group
and RPM2 Group), which comprises approximately 65% of its total
net sales, includes maintenance and protection products for
roofing and waterproofing systems, flooring, corrosion control and
other specialty applications.

                      About Specialty Products

Cleveland, Ohio-based Specialty Products Holdings Corp., aka RPM,
Inc., is a wholly owned subsidiary of RPM International Inc.  The
Company is the holding company parent of Bondex International,
Inc., and the direct or indirect parent of certain additional
domestic and foreign subsidiaries.  The Company claims to be a
leading manufacturer, distributor and seller of various specialty
chemical product lines, including exterior insulating finishing
systems, powder coatings, fluorescent colorants and pigments,
cleaning and protection products, fuel additives, wood treatments
and coatings and sealants, in both the industrial and consumer
markets.

The Company filed for Chapter 11 bankruptcy protection (Bankr. D.
Del. Case No. 10-11780) on May 31, 2010.  Gregory M. Gordon, Esq.,
Dan B. Prieto, Esq., and Robert J. Jud, Esq., at Jones Day, serve
as bankruptcy counsel.  Daniel J. DeFranceschi, Esq., and Zachary
I. Shapiro, Esq., at Richards Layton & Finger, serve as co-
counsel.  Logan and Company is the Company's claims and notice
agent.  The Company estimated its assets and debts at $100 million
to $500 million.

The Company's affiliate, Bondex International, Inc., filed a
separate Chapter 11 petition on May 31, 2010 (Case No. 10-11779),
estimating its assets and debts at $100 million to $500 million.

On May 20, 2013, the Bankruptcy Court entered an order estimating
the amount of the Debtors' asbestos liabilities, and a related
memorandum opinion in support of the estimation order.  The
Bankruptcy Court estimated the current and future asbestos claims
associated with Bondex International, Inc. and Specialty Products
Holding at approximately $1.17 billion.  The estimation hearing
represents one step in the legal process in helping to determine
the amount of potential funding for a 524(g) asbestos trust.


ASBESTOS UPDATE: MP Saddened That Bid to Improve Fibro Bill Failed
------------------------------------------------------------------
Joe Curtis, writing for Southern Daily Echo, reported that a
Hampshire, England MP said he was "saddened" after Labour plans to
strengthen the Mesothelioma Bill failed.

The Bill creates a last resort compensation scheme for those who
became sick through work but are unable to trace their employer or
their employer's insurer.  It will have huge significance for
people living in Southampton particularly, which has been a hotbed
for the disease due to the high numbers of docks and rail workers
in the city.

Successful applicants will now receive 75 per cent of the average
compensation of claimants of the same age who have pursued civil
compensation claims.  But Labour had supported increasing the
payment to 80 per cent and extending the eligibility cut-off date
from July 2012 to February 2010.

But Itchen MP John Denham welcomed the impact the legislation will
have for victims.  He said: "This still represents years of
campaigning alongside colleagues, victims' groups and trade unions
and could at last offer at least some justice to victims of this
appalling disease.

"The victims deserve a generous payout from the insurance industry
which until now has failed to meet its responsibilities."

Mr Denham added: "The Tory-led government seems content to put the
interests of big business first and plans to force victims to pay
a high penalty because, through no fault of their own, they are
unable to trace their previous employers or insurers. I wanted to
ensure that this Bill doesn't fall short, and voted for an
amendment to remove this penalty and increase the payment given to
victims."

As well as historic links with the docks and railworks in
Southampton that have resulted in hundreds of mesothelioma deaths,
the Daily Echo has previously reported how the disease is now
spreading through other industries, with Marion Potts thought to
be one of the first Hampshire teachers to succumb.

Mrs Potts, former head of English at Hardley School in Holbury --
now the New Forest Academy -- and Romsey School, died last June
and an inquest found the most likely cause was exposure while at
school, with coroner Keith Wiseman labelling the issue a "major
concern".

Hundreds of Hampshire schools still contain the substance,
although it is being managed by staff and the county council.


ASBESTOS UPDATE: Lung Cancer Claimed in St. Clair County Suit
-------------------------------------------------------------
Johnnie Miller Cleaves, writing for The Madison-St. Clair Record,
reported that a man filed a lawsuit in St. Clair County, Illinois,
against dozens of manufacturers of asbestos products after being
exposed to asbestos fibers and developing lung cancer.

Bernard Grams, represented by attorneys Randy L. Gori and Barry
Julian of the law firm Gori, Julian & Associates P.C., claims in
the suit filed Dec. 18 that he was diagnosed with lung cancer in
May 2012.  Grams does not indicate where he resides, but indicates
he was a tree trimmer for the City of Milwaukee and worked for
Rexnord Chain Belt Division in the 1950s.

The defendants are accused of failing to warn plaintiff of the
dangers of inhaling asbestos fibers from the products they
manufactured including asbestos in their products when adequate
substitutes were available and failing to conduct tests on the
asbestos-containing products manufactured, installed or delivered
by the defendants in order to determine hazards to workers such as
the plaintiff.

The lawsuit also states the defendants are guilty of several acts
of omissions as the defendants knew or should have known the
products had a toxic, poisonous and highly damaging effect upon
persons inhaling, ingesting or otherwise absorbing them and failed
to provide adequate warnings to persons working around them.

Grams is seeking more than $50,000 in damages.

St. Clair Circuit Court Case No.13-L-624.


ASBESTOS UPDATE: Deadly Dust Ruins Bolton Beauty Spot
-----------------------------------------------------
Andrew Bardsley, writing for The Bolton News, reported that fly-
tippers have dumped huge amounts of rubbish including a sofa, a
cupboard, a washing machine and even asbestos at a beauty spot in
Bolton, Greater Manchester.

Visitors to Bradshaw Brook were horrified when they discovered the
rubbish and it comes just weeks after hundreds of dead fish were
seen in the water.  Volunteers from the Lancashire Wildlife Trust
have only recently cleared 42 bags of waste from the site.  And
last month Gary Fleming, from Ramsbottom, saw 700 dead fish when
he was walking close to Jumbles reservoir.

Alan Wright, Wildlife Trust communications officer, said: "It is
heartbreaking to think that all the hard work done by the Friends
group, our staff and volunteers has been ruined by someone who
cannot be bothered driving to the local tip.

"Surely they must realise that they are ruining Bradshaw Brook and
Seven Acres, a beautiful spot for walkers, nature lovers and
wildlife?

"It is a real shame but we will continue to clear up their mess to
make sure everyone else enjoys this nature reserve.

"As far as the asbestos is concerned, we will have to get
specialists in to remove that, which is just more expense."

Bradshaw Brook connects the Wayoh and Jumbles reservoirs, which
are also connected to three other reservoirs, including the Turton
and Entwistle reservoir.

The Environment Agency, which is investigating the fish deaths,
believes a pollutant has entered the water.  During the last
clean-up volunteers removed parts of a motorbike, an Xbox 360 and
traffic cones.  The water is home to kingfishers, dippers, grey
wagtails and herons.

Bradshaw Hall Fisheries said it had not been directly affected by
the problems, as the flytipping and pollutant were not found in
its fishing areas.


ASBESTOS UPDATE: Meso Kills Morley Veteran
------------------------------------------
Morley Observer & Advertiser reported that an Arctic Convoy
survivor from Morley, in West Yorkshire, England, died from a
hidden killer cancer the day after the Government confirmed it
would award service medals to veterans of the Second World War
campaign.

Great-grandfather Ernest Schofield, 91, was among the survivors
who waited almost 70 years for official recognition of the role
they played in what Winston Churchill dubbed "the worst journey in
the world".  But Mr Schofield never heard the news that he and his
colleagues were about to be honoured for the heroic service which
they had given.

An inquest at Wakefield heard that he was diagnosed with
mesothelioma on February 6 last year and died on February 27.

Mr Schofield left the Royal Navy in the 1950s after 15 years of
service and went on to work as an industrial heating engineer in
Leeds.

The inquest was told that he will have come in to contact with
asbestos during this period, but the killer dust can lay dormant
for many decades before causing illness.  It heard Mr Schofield
had a high level of asbestos in his lungs.

West Yorkshire Coroner David Hinchliff recorded a verdict of death
by industrial disease.  Mr Hinchliff added: "It was not until
February 6 2013 that his condition was described as mesothelioma
-- cancer of the lining of the lung -- mainly caused by contact
with asbestos, which reinforces my belief that during his working
life, albeit many years ago, he has come into contact with
asbestos."

Mr Schofield, who served as a stoker in the Royal Navy, was
involved in the Arctic Convoys when warships escorted merchant
ships transporting vital supplies to the Soviet Union.

The convoys cost the lives of about 3,000 sailors and merchant
seamen, and more than 100 civilian and military ships. Campaigners
fought for four years for Arctic Convoy veterans to be honoured
with an Arctic Star medal for their role in the operation.

Mr Schofield's daughter Sandra Vowles, 65, from East Ardsley, has
applied for an Arctic Convoy medal for her late father.  She told
of his family's sadness that her father had missed out on the
recognition he had waited so long for.

Mrs Vowles said: "After his family the Navy was his life.

"He was very proud of what the people in the convoys did."

She said her father led an active and independent life before he
fell ill, adding: "He was very on the ball and sharp right up to
the day he died."


ASBESTOS UPDATE: Children in English Village Exposed to Fibro
-------------------------------------------------------------
Francesca Williams, writing for BBC News, reported that children
in a village in County Durham, England used to spend their days
playing with lethal asbestos from a local factory. One, now 51,
has cancer. What will happen to the rest?

It is the late 1960s and a little girl is playing hopscotch on a
grid she has marked out -- not with chalk, but a lump of asbestos.

Forty-five years later she will be contemplating the cancerous
mesothelioma in her lungs which is "growing out like a fungus".

"I was doomed from then," Caroline Wilcock says. "There was
nothing I could have done between then and now to make a
difference. I'm pleased I didn't know it."

She was one of many children in Bowburn who, between 1967 and
1983, played with asbestos from the factory opposite her house.

Its parent company, Cape Intermediate Holdings, is paying her a
"substantial" out-of-court settlement, although it has denied
liability for her illness.

Caroline describes a white, chalky film of asbestos dust on "the
grass, the flowers and the bushes". It also settled on window
ledges.

The mothers were less impressed. Ann Sproat, a friend of
Caroline's sister, remembers them constantly cleaning.

"If cleaning wasn't done we couldn't see out the windows," she
says. "It was coming down like little dust particles, like tiny
little aniseed balls."


ASBESTOS UPDATE: 70 Died From Fibro in 5 Years in NE Lincolnshire
-----------------------------------------------------------------
Grimsby Telegraph reported that 70 people in North East
Lincolnshire, England, and the surrounding area have died in the
last five years from asbestos exposure, figures have revealed.

The news comes as long-awaited legislation passed through
Parliament to provide a compensation package for sufferers of the
fatal lung disease mesothelioma, which is caused by inhaling
asbestos.

There were 25 mesothelioma-related deaths in Cleethorpes, 18 in
Gainsborough, 18 in Louth and Horncastle and nine in Grimsby
during that five-year period.

Nearly 2,400 people, mostly men, die from mesothelioma every year
in the UK -- of which 300 do not have an insurer, or that insurer
cannot be traced.

Asbestos was used in shipbuilding, construction and the automotive
industry, exposing workers. Carpenters, joiners, plumbers and
heating engineers are at particular risk.


ASBESTOS UPDATE: Geography Bldg. Users Worried About Deadly Dust
----------------------------------------------------------------
Milica Palinic, writing for the The Ubyssey, reported that
students and staff raised concerns regarding the safety of the
Geography Building, in Vancouver, B.C., at a town hall meeting.
The past nine months have seen ongoing construction on the
building for renovations.

Attendees voiced concerns about air quality, mould, asbestos,
noise, seismic safety and foul language by the construction
workers.

John Metras, managing director of infrastructure development, said
the construction is not making the building dangerous for its
users.

An assessment done years ago found the building to be a low
seismic risk. "There is nothing that would lead us to believe in
the work that we've done and the investigations that we've done
that there's any change in that fact," Metras said.

Metras also said asbestos exposure does not pose any threat.
"There is asbestos in this building. It's encapsulated and
perfectly safe," said Metras. "When we start cutting into it, we
have to use proper work procedures. Those procedures were followed
through the course of this process."

However, not everyone was assured. "It's very disconcerting when
you read a memo that there's asbestos in the walls and you can't
even put a thumbtack in the wall, and then you're sitting in your
office and a saw blade comes through and your whole office fills
up with dust," said a professor.

"Tests that are done, can we not have those numbers shared with
us?" asked one student, who has had trouble obtaining information
about the situation in the building. "It's really frustrating when
they tell me that this is a public institution and these things
should be shared and then when we try really hard to get them
shared and then they're not."

The noise has prevented some students from studying and one
student even feels as if her education "has been taken away from
[her]."

"All you can do is laugh and cancel class because you cannot
actually teach," said Brett Eaton, an associate professor of
geography. Eaton was the one who proposed having the meeting in a
letter sent to the administration this fall.

As a solution, Catherine Alkenbrack, associate director of
facilities planning at Campus and Community Planning, said she
would look into moving classes to the Swing Space building, which
is close to Geography.

A graduate student said she wished there could have been more
effort to relocate classes earlier in the construction process.

"I think it's fair to say that there are significant challenges
and perhaps it's even fair to say that it hasn't gone as well as
we all had hoped," said Gerald Vanderwoude, incoming assistant
dean of facilities and human resources in the Faculty of Arts.

The Geography Building was built in 1925 and is one of the oldest
buildings on campus. Metras said they are looking at replacing the
building entirely, but that this would cost over $30 million. "The
building is on UBC's capital priority list for the long term but
it is entirely dependent on fundraising," he said.

Metras said they had hoped to complete the renovations before this
term started, but they now hope to complete them by February.
According to Metras, most of the noisiest work such as drilling
and hammering is now finished.


ASBESTOS UPDATE: City Fibro Monitoring Slammed by Own Watchdog
--------------------------------------------------------------
David Leask, writing for Evening Times, reported that the Glasgow
local authority's own internal auditors have warned that failure
to keep comprehensive records means they can't be sure all
premises have been checked for the material.

In what opposition leaders said was a "damning report", the
watchdogs also revealed that policy on how asbestos is managed in
Glasgow is more than a decade out of date.

The auditors, in a series of recommendations for the council's
spin-off buildings landlord City Property, called for the asbestos
monitoring system Modus to be kept up to date.  They said: "City
Property does not have a comprehensive list of all properties.

"As such the auditor cannot be assured that all properties have
received an asbestos survey.

"City Property does not receive notification of all asbestos
works.

"The Modus system information is incomplete and out-of-date (for
example, demolished schools are recorded as 'in use'), increasing
the risk that not all relevant properties are covered by the
asbestos review process."

The auditors, who were reporting to a meeting of the council's
Finance and Audit Scrutiny Committee, also found that the city's
policy on asbestos management had not been updated since 2003.
They said: "As such there is a risk that not all the parties
involved in the process are aware of their responsibilities."

They have now called for a single asbestos tsar to be appointed in
the council to ensure that the local authority -- and its network
of arm's-length external organisations or Aleos, such as City
Property, keep on top of the issue.  They have also called for a
central register of all recommendations from asbestos surveys to
be put in place by the end of this month. Work is already in
progress.

Opposition leader Graeme Hendry of the SNP said: "This is a
damning report into the management of asbestos in council
properties.

"The council policy is more than 10 years old and no-one has
overall responsibility for management of this potentially deadly
substance.

"The council appears to have an incomplete and outdated list of
affected properties -- the report cites the case of former
schools, now closed, recorded as 'in use'.

"Have these buildings been sold on, or demolished? What steps, if
any, were taken to deal with the asbestos risk on site?

"The report makes five recommendations, four rated as 'High'
priority, covering issues such as management, policy, recording of
affected buildings and communication between departments and
Aleos.

"The council must urgently get a grip of this situation.

"My group will continue to pursue this issue, to ensure the safety
of all those who live and work in Glasgow."

Councillors will discuss the report, but the Evening Times
understands work is already well under way to fix some of the
problems raised.

A spokesman for the council said: "We audit our processes and
procedures because we want them to be as robust as they possibly
can.

"In this case, we found weaknesses in the way we share and record
information about some of our estate and, quite rightly, those are
being challenged and improved as a matter of priority.

"It is important to be clear that, while these weaknesses posed a
risk to the council itself, they did not present a danger to the
physical health of the public or staff."


ASBESTOS UPDATE: Kittery Sets Hearing for Fibro Abatement Project
-----------------------------------------------------------------
Deborah McDermott, writing for Sea Coast Online, reported that the
town council of Kittery, Maine, held a public hearing on an
application for a $200,000 federal grant to rid the Wood Island
Life Saving Station of asbestos.

The so-called asbestos abatement process is the first step toward
the rehabilitation of the 1908 building, as described in an
agreement signed last fall between the town and the Wood Island
Life Saving Station Association.

Under terms of that agreement, the town must apply to the federal
Environmental Protection Agency for a grant to rid the station of
asbestos, lead paint and bird guano. The town's match for the
grant is $40,000, said WILSSA president Sam Reid, and can include
staff hours put into the project, as well as cash outlay.

The EPA grant is "a crucial first step," Reid said.

When the abatement is completed, work to repair the exterior of
the building can begin. WILSSA has committed to raising $350,000
for this work. According to Reid, the abatement grant money won't
be spent until after WILSSA has successfully raised the money. To
date, it has raised $100,000.

The town is applying for an EPA Brownfields grant, a program set
up specifically for remediation and abatement of hazardous
material.

"There is very stiff competition for the grants. One out of three
is awarded," Reid said. He said he expects the Wood Island
application will be viewed favorably, as it contains letters of
support from local, state and national organizations, including
Friends of Portsmouth Harbor Lighthouses, Maine Island Trail
Association and National Trust for Historic Preservation.

The life-saving station on Wood Island, located in Portsmouth
Harbor off the coast of Fort Foster, was staffed by men who
rescued shipwrecked crewmembers.

The application deadline was Jan. 22, and the town will hear in
the spring whether it is successful. Applications can only be
submitted once a year, Reid said, and the town can apply three
times for the grant.

Even if the town is successful this first time, Reid said it will
take WILSSA some time to raise the funds, so any work may
not begin for another couple of years.


ASBESTOS UPDATE: Third Wave of Fibro Claims Threatens Insurers
--------------------------------------------------------------
In forecasting serious asbestos-related claims, some of the
country's largest insurers and consultants appear to be ignoring
relevant changes in medical knowledge, demographics and even
social media. As a third wave of costly asbestos-related claims
strikes the nation in the years ahead, many insurers will be
swamped with "unexpected" reserve charges, according to "A Third
Wave in Asbestos Liabilities Lies Ahead," a new study by Assured
Research, a New Jersey-based firm that analyzes the
property/casualty insurance industry.

"In studying asbestos-related claims, we're seeing evidence of
outdated actuarial models," explains Assured president William
Wilt. "Since they're based on 30-year-old epidemiological and
demographic data, they can't accurately forecast asbestos-related
claims. Some insurers also seem to be ignoring advances in medical
knowledge and diagnosis -- and the changing behaviors of consumers
and personal injury lawyers."

The first wave of claims came from asbestos miners and millers;
the second from people who handled asbestos regularly, such as
plumbers, shipbuilders and carpenters. The third wave will be
dominated by lung cancer claims which are ostensibly lower quality
than those of mesothelioma because the cancer was predominantly
caused by smoking rather than asbestos. Nevertheless, large
numbers of even lower-quality claims could raise pressure on
defendants anxious to settle and minimize nuisance suits.
Moreover, recent literature illustrates researchers' rising
awareness of the malignant synergies between asbestos and smoking.
Further, researchers are finding that short but intense exposures
to asbestos can lead to asbestos illnesses.

"Medical evidence is mounting," says Wilt, "that there is no
'lower limit' below which asbestos fibers cannot cause
mesothelioma. Meanwhile, the people most likely to make asbestos
claims are living longer -- long enough, in some cases, to be
diagnosed with asbestos-related disease."

Asbestosis may be easier to diagnose today, thanks to high-
resolution CT-scans, but Assured Research believes the third wave
will be dominated by lung cancer claims. Personal injury lawyers
are finding it easier than ever to prospect for new claimants,
while a new recommendation from the U.S. Preventive Services Task
Force recommends annual CT scans for all current and formers
(heavy) smokers between the ages of 55 and 80 -- some 10 million
people.

"We believe this third wave will be aided by the growing
prevalence of social media sites such as Google and YouTube which
have lowered the cost of prospecting for claimants by lawyers,"
says co-author and Managing Director Alan Zimmermann. "If you need
convincing, type the name of any well-known asbestos law firm into
a search engine and see how fast they come back to you with offers
of direct conversations."

"The confluence of outdated actuarial models, shifts in life
expectancies, medical knowledge, social media, and now recommended
screening," Wilt says, "can't be good news for insurers that are
funding higher than expected claims on a pay-as-you-go basis."


ASBESTOS UPDATE: Family of Exposed Citizens Urged to Call Center
----------------------------------------------------------------
The Mesothelioma Victims Center says, "Even if a mesothelioma
victim is in their late 70's or 80's, we will do everything
possible to ensure their family has instant access the nation's
most skilled mesothelioma attorneys, as well as doing everything
possible to make certain the family has access to the nation's top
mesothelioma cancer treatment specialists. A large portion of our
online resources are comprised of tips and helpful information
we've learned over nearly a decade."

If a family is concerned about compensation for mesothelioma, and
is interested in obtaining the best possible help, advice, and
resources, they should call the Mesothelioma Victims Center
anytime at 866-714-6466." http://MesotheliomaVictimsCenter.Com

Helpful Information For All Diagnosed Victims Of Mesothelioma And
Their Family Regardless Of Age From The Mesothelioma Victims
Center:

   * The Mesothelioma Victims Center is offering instant access to
the nation's most skilled mesothelioma compensation attorneys with
one call to 866-714-6466. The group passionately believes the vast
majority of diagnosed victims of mesothelioma victims get
financially shortchanged because the diagnosed victim, or their
family hired a less than competent attorney, or law firm to
represent them.

   * The Mesothelioma Victims Center will go the extra mile and
help family members gain access to the nation's most renowned
mesothelioma cancer treatment centers for a second opinion about
treatment options.

   * The Victims Center will make certain the victim, and their
family understand how vital it is to have a properly executed a
power of attorney, that has been assigned to a very trusted and
responsible family member, along with a up to date will.

Important Note from The Mesothelioma Victims Center: "We will also
see to it that a national caliber mesothelioma attorney is in the
home of the diagnosed victim within 48 hours of the victim, or
their family calling us at 866-714-6466. Only the diagnosed victim
will know the where, when, and how they were exposed to asbestos.
It is this vital information that becomes the foundation for a
mesothelioma compensation claim. The more specific the information
about asbestos exposure the better, when it comes to a
mesothelioma compensation claim."

Information About Mesothelioma For Diagnosed Victims And Their
Families From The Mesothelioma Victims Center:

The average age for a diagnosed victim of mesothelioma is 72 years
old.  Frequently victims of mesothelioma are initially
misdiagnosed with pneumonia. This year between 2,500 and 3,000 US
citizens will be diagnosed with mesothelioma. According to the
CDC, mesothelioma is 100% attributable to exposure to asbestos.

One-third of diagnosed victims of mesothelioma served in the US
Navy. Other high-risk work groups for exposure to asbestos
include: shipyard workers, oil refinery workers, manufacturing
workers, plumbers, electricians, auto mechanics, machinists, or
construction workers. Typically the exposure to asbestos occurred
in the 1950s, 1960s, 1970s, or 1980s.
http://MesotheliomaVictimsCenter.Com

The states with the highest incidence of mesothelioma include:
Pennsylvania, Maine, New Jersey, West Virginia, Florida, Wyoming,
and Washington. However, based on the calls the Mesothelioma
Victims Center receives diagnosed victims could be in any state
including California, New York, Texas, Massachusetts, Maryland,
Virginia, North Carolina, Georgia, Louisiana, Missouri, Ohio,
Michigan, Indiana, Illinois, Wisconsin, Minnesota, Nebraska,
Kansas, Utah, New Mexico, Arizona Nevada, Idaho, Oregon,
Washington, and Alaska.

The Mesothelioma Victims Center says, "If you call us at 866-714-
6466, we will see to it that you have instant access to the
nation's most skilled mesothelioma attorneys who consistently get
the best compensation results for their clients."
http://MesotheliomaVictimsCenter.Com

For more information about a rare form of cancer caused by
exposure to asbestos called mesothelioma, please visit the US
Centers For Disease Control's web site:
www.cdc.gov/mmwr/preview/mmwrhtml/mm5815a3.htm

Media Contact:
M. Thomas Martin
866-714-6466


ASBESTOS UPDATE: Woman Fined for Dumping Fibro Near Changing Rooms
------------------------------------------------------------------
Max Salsbury, writing for 24dash.com, reported that trust a
Liverpool, England, woman has been fined after fly-tipping
asbestos tiles next to some changing rooms used by junior football
teams.

Liverpool Magistrates' Court heard that Elahe Zakavi was seen
removing bin bags from the back of her car last January and
dumping them over railings near the changing rooms, the Liverpool
Express reported.

In her defence, the 46-year-old said she thought the bags
contained cardboard rather than asbestos and that she had mistook
the changing rooms for the local council's waste dump.

Councillor Steve Munby said: "This was a particularly nasty case
of fly-tipping. Asbestos is a dangerous material and to dump it
near changing rooms used by children is appalling. Asbestos is not
accepted at the waste reception centre at Jericho Lane and there
is a cost to its disposal. This case sends a clear message that
Liverpool City Council will not tolerate fly-tipping and will take
action against anyone caught."

The offender was fined GBP200 and awarded costs of GBP500. She was
also ordered to pay GBP712 to clear up the asbestos.


ASBESTOS UPDATE: Complaint Sparks Calls for Calgary Fibro Review
----------------------------------------------------------------
CBC News reported that a Calgary city councillor will make a
suggestion at city hall to protect Calgarians from potential
contamination by asbestos dust.

Gian-Carlo Carra, councillor for Ward 9, wants the city to be
notified when a building is to be demolished to allow municipal
inspectors to be present. He is making the request in response to
concerns raised by constituents.  Carra acknowledged the city does
not have a direct role in asbestos abatement. Alberta Health
Services oversees public health but doesn't cover demolitions.

"What we discovered was that there was a gap between different
levels of government who regulate things," said Carra.

"There's Alberta Health and Safety, there's the Alberta building
code and there's the city inspectors."

Carra is suggesting the city change its building permit process to
require contractors doing demolitions to notify the city so it can
dispatch inspectors to the site.  He said he has been told
building inspectors can take on the job without significantly
adding to their workload and the move will not require hiring
additional staff.

"This concern about asbestos came up last year when a house in
Bridgeland was being demolished," said Carra.

He said he received complaints about dust -- potentially from
asbestos -- being spread onto neighbouring properties.

Asbestos particles have been linked to serious health problems,
including emphysema and lung cancer.


ASBESTOS UPDATE: Doncaster Widow Appeals Over Husband's Death
-------------------------------------------------------------
Doncaster Free Press reported that the heartbroken widow of an
electrician who died from an asbestos-related illness claims he
was exposed to the deadly dust at his former workplace and is
taking legal action.

The family of Wheatley man Geoffrey Arnold Hoggett, who died after
a nine-month battle with asbestos-related mesothelioma, believe
more could have been done to protect him from the dust at two
firms he worked for early in his career.

Mr Hoggett, a father-of-three, told his family before his death in
November 2012 he was exposed to the deadly dust while working as
an electrician at Doncaster firm Sinclair between 1946 and 1950
and later at Electrolux in Harrogate.

Widow Maureen, along with daughters Katy and Kristina, have
instructed lawyers to investigate as part of a compensation claim
and are asking any of his former colleagues to get in as part of
the investigation.

Mrs Hoggett, aged 74, his wife of 40 years, said: "We first
noticed things weren't right when Geoffrey suddenly began feeling
breathless and weak all the time.

"Doctors did lots of tests and scans and they initially thought he
was suffering from lung cancer. However, in February 2012, we were
given the devastating news it was mesothelioma and he would never
recover.

"It's still incredibly hard to come to terms with the fact Katy,
Kristina and I have lost him to such a terrible disease and we
miss him every day.

"We hope his ex-workmates from Sinclair and Electrolux will now
help us to get the answers we deserve about his asbestos exposure
so we can honour his memory."

Mr Hoggett told relatives he remembered coming into contact with
asbestos sheets at Sinclair, and also worked in a variety of
public buildings where pipework was lagged with asbestos.

He also recalled working with asbestos fascias and soffits which
he handled while re-wiring houses.

Between 1955 and 1964, while at Electrolux, he was responsible for
servicing industrial laundry equipment which contained asbestos
insulation.  He told his family that his employers had never
warned him about the dangers of asbestos or provided any suitable
protective clothing.

Martyn Hayward, a specialist industrial disease lawyer at Irwin
Mitchell, which is representing the family, said: "Mesothelioma is
an aggressive and incurable cancer which causes so much distress
to victims like Mr Hoggett who worked as electricians -- a trade
recognised for workers regularly coming into contact with deadly
asbestos during the course of their employment.

"We hope his former workmates will be able to confirm details
about how Sinclair and Electrolux may have used asbestos and if
more could potentially have been done by his employers to protect
him."

Sinclair is no longer in existence.

Electrolux no longer trades as a shop but is still in existence as
an overall brand. Nobody at the firm was available for comment.

Anyone with information should contact Martyn Hayward at Irwin
Mitchell's Sheffield office on 0114 274 4615 or email
martyn.hayward@irwinmitchell.com.


ASBESTOS UPDATE: More Fibro Found in La Habra Heights Renovation
----------------------------------------------------------------
Mike Sprague, writing for Whittier Daily News, reported that more
asbestos has been found in the roof of City Hall in La Habra
Heights, California, and it's going to cost an estimated $60,000
to remove it, according to City Manager Shauna Clark.

All of the asbestos in City Hall, which is undergoing a $2.3
million renovation, was thought to have been removed.  But when
Cal City Construction crews started to remove the roof, they
suspected the bottom layers might contain asbestos, Clark said.

"It was completely sealed by other layers of roofing," she said.

They covered the roof and directed crews to avoid the area until
the unknown materials could be tested.

It was tested certified asbestos consultant Michael Lyssy of
Pacific Environmental submitted a report that a fabric membrane on
the roof tested positive for asbestos, Clark said.

The material wasn't discovered during an assessment completed by
McClain Consultants in 2011, she said.

That assessment systematically tested sections of the buildings,
including the roof, finding asbestos in several places. It appears
that due to its location, the membrane was not discovered by
McClain and therefore not called out in the assessment, she said.

Clark said the project's budget has a $130,000 contingency that
will be used to cover the added cost.

Removal of the asbestos is expected to take about two weeks to
complete, she said. Approval by South Coast Air Quality Management
District is needed before the work can start.

Resident George Edwards, who sued the city seeking to stop the
construction because of concerns about potential harm from
asbestos to the adjacent Heights Christian Preschool and Fire
Department dormitory, said the discovery confirmed his fears.

"We always felt the whole building should have been encapsulated
since it's so close to the school and dormitory," he said.

Edwards, who already has lost twice in court in his effort to stop
the project, said he plans a third effort.

"For the sake of the children, we need to head back to court and
stop this project and force them to follow the law," he said.

Clark said the building will be sealed with a tarp.

"It will be much more intensive than when the initial asbestos was
removed," she said. "All of the work will be done inside. We're
going to build a tent or a superstructure over the roof, It will
be air tight."

Clark said it's still a possibility that more asbestos will be
found.

"Finding things that were previously unknown is extremely common,"
she said about construction projects.

In this case, the asbestos was difficult to find because it's
buried in the roof, she said.


ASBESTOS UPDATE: Fibro Removal Required Before Keyes Remodel
------------------------------------------------------------
Chelsea Schmid, writing for San Angelo Live, reported that
renovation on the Edd B. Keyes building in downtown San Angelo,
Texas, will start soon, as the architect's design has been
approved and county staff have decided to move forward.

Tom Green County Facilities and Maintenance Director Don Killim
updated county officials in Commissioners Court, stating that the
remodel may begin as soon as possible.

Airing a familiar problem with county buildings, Killim announced
the need for asbestos abatement on the second floor of the Keyes
building, which could slow progress on the remodel. The county is
considering Terracon for the abatement contract in hopes that the
company's familiarity with the building will speed up the
abatement process.

County Judge Steve Floyd expressed concern over yet another
asbestos abatement expense, and asked if there were still
buildings in the county with the problem.

"Hopefully we're getting to the end of asbestos and Terracon,"
Floyd said. "I was hoping we had touched enough buildings by now.
It seems like for nine years now, every time we want to paint a
closet we have to hire a consultant and an abatement company."

According to Killim, there are still county buildings that have an
asbestos problem, however none if it is considered hazardous.
Killim says the majority of the abatement revolves around the
flooring and wall coverings.

Because an abatement is necessary, all second-floor offices will
have to be moved downstairs until the process is complete, however
the majority of those will remain permanently on the first floor.
Only the Commissioners' offices and court room will remain
upstairs, but will be cordoned off until the abatement is
completed.

"This is going to be broken up into at least two phases, the first
floor being the first phase, the second floor being the second
phase," Killim says. "It depends on who moves where if there's a
third [phase]. I suspect the first phase to take 9 months to a
year."

At next meeting, Killim will bring a proposal from Terracon for
pricing. Once the remodel begins, Commissioners Court and all
other county services handled in the building will be relocated.


ASBESTOS UPDATE: Son of Fibro Victim Appeals for Help in Probe
--------------------------------------------------------------
Droitwich Spa Advertiser reported that the son of a former
engineer who died of an asbestos-related cancer is appealing for
his former work colleagues to help lawyers investigate how he was
exposed to the deadly dust.

Ronald Smith, 73, from Droitwich, England, died just a month after
he was diagnosed with mesothelioma in June 2011 after being seen
by his consultant physician in an outpatients' clinic at
Worcestershire Royal Hospital.

His son Steve, who also lost his mum Barbara recently, has now
instructed asbestos-related disease experts at law firm Irwin
Mitchell to investigate where and when his father was exposed to
asbestos so he can gain justice on his behalf.

Industrial illness experts, together with his son, are now
appealing for his former work colleagues to help piece together
his working conditions and find out how he was exposed to the
deadly asbestos dust.

The father-of-two began work at Eccles Caravans, in Stirchley,
Birmingham, in 1952 to 1956 where he was responsible for cutting
up asbestos sheets which were used to fit around fire places for
their heat and fire resistant properties.

He also worked at Austin Motor Company, now Evenfeld Limited, in
Longbridge, between 1958 and 1960, as a maintenance engineer where
his work involved him stripping asbestos lagging from pipework in
order to affect repairs and maintenance.

Kim Barrett, an expert asbestos lawyer at Irwin Mitchell's
Birmingham office, leading the case, said: "Ronald's family are
devastated to have lost him in such tragic circumstances and
understandably they want answers as to how this happened.

"We're keen to speak to anybody who worked with Ronald during his
career as a carpenter and engineer as we believe they may hold
vital evidence about the presence of asbestos and the working
conditions he faced.

"We work with people on a daily basis who have been exposed to
asbestos and who have developed the most severe illnesses, to help
secure them the justice they deserve from their past employers who
took a chance with asbestos and ignored the risks."

Steve Smith, 51, now living in Canada, said: "My dad's cancer
diagnosis was heart-breaking for him and a shock for the family as
a whole and it was devastating to see his health decline so
rapidly and that he died less than a month after he was diagnosed.

"Although the exposure my dad suffered to asbestos was decades
ago, it is very worrying to me that in many countries asbestos is
still being used in construction industries without health
warnings and protective equipment being provided to employees.

"I urge anyone who worked with or knew my dad to come forward with
any information so we can move his case forward and receive
justice. We want to know how and where he was exposed to deadly
asbestos dust and why more wasn't done to protect him whilst at
work."

Anyone who thinks they may be able to help is asked to contact Kim
Barrett at Irwin Mitchell Solicitors on 0121 214 5211 or email
kim.barrett@irwinmitchell.com


ASBESTOS UPDATE: Fibro Removal From Sydney Academy No Concern
-------------------------------------------------------------
Chris Shannon, writing for Cape Breton Post, reported that a
contractor hired by the Department of Education in Australia began
removing asbestos from the basement of Sydney Academy over the
weekend as part of an overall renovation to make room for a new
trades program.

Principal Kevin Deveaux said the work on removing asbestos would
continue.  He said the basement is sealed off from students and
staff, and work only takes place after school hours.

It's the continuation of renovations, including the removal of
asbestos, that have been ongoing at the school for more than 14
years, Deveaux said.

"Every year we do it, we do get some comments from parents saying
this is unsafe, but we follow all business codes -- a professional
company comes in and (works) in a vacuum-sealed environment.
There's absolutely no risk to students or staff when they do it."

One parent contacted the Cape Breton Post raising concerns that
the school didn't properly communicate the extent of the work
being done and the safety precautions that have been taken to
protect students and teachers from asbestos exposure.

Deveaux said the school has two signs posted on doors leading to
the basement warning that asbestos removal is taking place. It was
also announced over the school's public address system, he said.

It's not policy at the high school level to send notices home to
parents informing them of the renovations, Deveaux added.

Paul Wilton, manager of operations for the Cape Breton-Victoria
Regional School Board, said the work area remains completely
contained, with several safety precautions put in place that fall
within provincial asbestos-removal guidelines.

"(The room) is under negative air pressure. Any air that leaves
that room is ejected through a HEPA (air) filter, which is
certified to be correct before they started the job," he said.

"Anybody that works in the room has to go in through a shower
. . . and on the way out they decontaminate themselves, shower,
and they redress again so nothing leaves the space."

Wilton said asbestos removal could have taken place during school
hours, but the board decided against that for practical reasons.

When work in the school's basement is finished, the space will be
used as a production technology room.

"We may do (work on) electronics. There are different types of
production tech so we're not sure exactly what we're going to
focus on," Deveaux said.

"At minimum, we're probably going to be doing something with
transistors, electronics and something with small-level
carpentry."

It will be a new course introduced to students in September. The
course exists at other area high schools but hasn't been available
at Sydney Academy because, until now, there wasn't space for the
program.

A weight room is also located in the school's basement. It remains
off limits until the asbestos removal is complete.


ASBESTOS UPDATE: Sad Legacy of Fibro in South Tyneside Workplaces
-----------------------------------------------------------------
The Shields Gazette reported that the industrial heritage in South
Tyneside, United Kingdom, casts a long and often stark shadow.

In what we now blithely think of as 'the good old days' of full
employment, with new ships taking shape on the Tyne every working
day, safety at work was not the priority it is in 2014.

That lack of care for local workers has resulted in the biggest
industrial compensation case in legal history.

I'm referring, of course, to the human misery sparked by the use
of asbestos in heavy industry.

Although recent research has suggested the dangers from the deadly
dust were known as early as the 1930s, workers in places like
Tyneside remained generally unaware that exposure to asbestos
fibres could cost them their lives.

The stories of shipyard workers having 'snowball' fights with
asbestos while working down below in the bowels of ships are
legion.

While such images make us shudder nowadays, there was then no
general realisation that breathing in asbestos could result in the
killer disease mesothelioma.

This ignorance was compounded by the fact that mesothelioma is a
disease which can lie dormant in the lungs for decades.

I was first made aware of the disease while attending numerous
industrial inquests in the 1980s and '90s, when the word
'mesotheloma' would be uttered by the coroner, usually as he told
families to lodge a compensation claim for the death of an ex-
shipyard worker.

Soon, the words 'asbestos' and 'mesothelioma' became a frequent,
sad mantra.

I'd guess there's hardly a street in South Tyneside where former
working men are untouched by the sad legacy of asbestos in the
workplace.

Hundreds of local men live with what are called pleural plaques,
or scarring of the lung tissue, caused by exposure to asbetsos.

Thankfully, in most cases, pleural plaques does not develop into
full-blown mesothelioma, for which there is no cure.

But those men still have to live with the knowledge of what the
deadly dust can do.

The new Mesothelioma Bill means those affected by the condition
can claim up to 75 per cent of the total compensation available
through a civil court claim.

Asbestos campaigners, including Jarrow MP Stephen Hepburn, say
asbestos victims should receive full compensation.

Ian McFall, head of the National Asbestos Litigation Team at
Thompson Solicitors, Newcastle, has attacked the legislation,
which he sees as partly a victory for the insurance industry.

Mr McFall asked: "It begs the question whether Parliament or big
business decides the terms of government policy?"

Whatever the rights and wrongs of the Bill, the sad fact is that
asbestos has already claimed many lives in South Tyneside -- and
will continue to do so for years to come.


ASBESTOS UPDATE: Bakers Contract Cancer From Fibro in Old Ovens
---------------------------------------------------------------
Dutch News reported that there have been 38 cases of bakers
contracting cancer from the asbestos contained in old ovens since
2000, according to the institute of asbestos victims IAS.

The figure, to be included in tv programme Zembla, follows
Zembla's claims in its prior programme that the Bakkersland bakery
group had problems with asbestos in three of its factories over
the past two years and had to recall a consignment of bread.

Eugene Scholten, chief executive of Bakkersland, told RTL news
there had never been direct contact between bread and the asbestos
used as insulation in the company's ovens.

However, the IAS now says 38 bakers have told them they contracted
cancer from asbestos. Zembla says this is as a result of working
with old ovens in which asbestos is used as insulation.

Gert van der Laan, clinical specialist at the Netherlands centre
for industrial sickness AMC, tells Zembla that the figure shows
working with old ovens is dangerous. 'The bakers who contacted the
IAS since 2000 have been working with asbestos for decades,' he
tells the programme.


ASBESTOS UPDATE: Widow of Former ICI Employee Wins Payout
---------------------------------------------------------
Vicki Henderson, writing for The Northern Echo, reported that the
widow of a former ICI worker who died from asbestos-related cancer
said she has won justice for her husband after receiving an out-
of-court settlement from his former employers.

Frederick Simpson, from Darlington, died in May 2009, aged 85
after a two-year battle with lung cancer caused by exposure to
asbestos during his 15 year career as a fitter at ICI's Billingham
oil plant.

His widow, Alma, 79, launched a legal bid against ICI on the
grounds that more should have been done to prevent Mr Simpson
inhaling asbestos fibres during his time at the plant, between
1966 and 1981.

Mrs Simpson has now secured a five-figure sum from ICI in an out-
of-court settlement after working with specialist lawyers from
Irwin Mitchell, based in Newcastle.

The grandmother-of-ten said she was devastated to learn that the
risks of asbestos were known to the people in charge of the oil
plant at the time her husband worked there.  She said: "Losing my
Frederick to asbestos-related lung cancer was utterly devastating.

"My family and I just wanted find out the answers to questions
that would bring justice for Frederick.

"The fact that the terrible illness was down to asbestos exposure
and that the risks were actually known by employers is a very
bitter pill to swallow indeed, as all Frederick wanted to do was
work hard to support his family.

"Nothing will ever bring our Frederick back to us but now we have
gained the answers we need and the justice my husband deserved."

Roger Maddock, a lawyer specialising in asbestos-related
illnesses, said that although the link between asbestos and
diseases such asbestosis and mesothelioma is well-known, the link
between asbestos and lung cancer is not so well recognised.

Mr Maddocks said: "There are many people who have had the
misfortune to develop lung cancer as well as being exposed to
asbestos dust who may not link the two together.

"Victims could be missing out on funds that they are entitled to
which would help provide treatment in their final months and
potentially provide their families with more security."


ASBESTOS UPDATE: Fibro Cleanup Delays Explosion Probe at Refinery
-----------------------------------------------------------------
CBC News reported that fire officials in Regina, Saskatchewan, are
learning more about the extent of the fire and explosion damage at
the Co-op refinery, with asbestos and a lot of debris still strewn
around.

No one was injured in the Dec. 24th explosion at the refinery in
Regina's north end, but the explosion could be heard from several
kilometres away.

Investigators couldn't get close because of heavy damage to the
area. Private contractors have bagged and removed much of the
asbestos that was sprayed over the area during the blast, but more
remains to be cleaned up.

Randy Ryba, the fire marshal with the Regina Fire Department, said
investigators are looking into the area surrounding the explosion
but have not yet reached the centre of the blast.

"We have a lot of debris strewn on the ground," Ryba said.

"That all has to be processed to ensure that it was not part of
the causation mechanism that initiated the blast and ensuing
fire."

The blast happened on a reactor platform that is about four
storeys tall.

"Right now we are working the perimeter, in very close quarters to
the steel structure itself," Ryba said.

"We're hoping in the next few days, weather-permitting, that the
safety specialists will finish their work on the platform and then
we'll be entering the platform."

In addition to the asbestos, the blast left various objects,
including many pieces of metal, strewn about the structure, Ryba
said.

Ryba expects it to be another four to five days before he can get
to the heart of the explosion.

The investigation could take a full year to complete.


ASBESTOS UPDATE: Alabama High School to be Tested for Toxic Dust
----------------------------------------------------------------
Sarah Harmon, writing for The Intelligencer, reported that the
Marshall County Board of Education in Illinois expects to begin
asbestos testing for John Marshall High School in preparation for
the building's renovation work.

The board unanimously approved hiring Pinnacle Environmental
Consultants Inc. of Hurricane, W.Va. for $30,790 to perform the
tests. According to Superintendent Michael Hince, the board is
required to have asbestos testing for older buildings before
starting a construction project.

"They will take samples of several areas in the school such as
painted areas or pipes," Hince said.

In other business, the board also unanimously voted to suspend a
professional employee for three days without pay after going into
executive session for about 10 minutes. Hince declined to name the
employee or disclose the reason for the suspension.

Hince also announced a "working" school calendar has been sent to
the county's schools for school committees to review. He said all
feedback would be collected in March to create a single calendar
for the county to present to the board.

The Local School Improvement Councils for Central Elementary and
Moundsville Middle School made presentations at the meeting
outlining the schools' efforts to incorporate the Next Generation
Content Standards into classrooms and other improvements made in
the schools.

Central Elementary Principal Karen Klamut said the school has
installed new keypads in the school's doors to improve the safety
of the building. Klamut also asked the board to consider updating
the school's cafeteria to include an intercom and installing a
panic button for the secretary's desk to further improve safety
measures. Assistant Principal Sandy McAllister also touched on
safety issues, saying students practice four emergency procedures
throughout the year.


ASBESTOS UPDATE: OSHA Cites Thompson Wrecking Over Violations
-------------------------------------------------------------
Susan McCord, writing for The Augusta Chronicle, reported that the
U.S. Department of Labor's Occupational Safety and Health
Administration is proposing fines of more than $63,000 against an
Augusta, Georgia demolition company for alleged violations related
to asbestos removal during demolition of a Grovetown school.

According to documents obtained by The Augusta Chronicle, OSHA
cited Thompson Building and Wrecking Co. for allegedly exposing
employees to asbestos-containing materials, failing to demarcate
areas from which asbestos was being removed and not performing
airborne monitoring.

For the first, three-part violation, OSHA fined Thompson $14,700.

A second alleged violation netted Thompson a proposed $49,000 fine
for "willfully" failing to ensure the asbestos-containing
materials were properly handled to minimize employee exposure,
according to the citation.

Company owner Hiram Thompson attributed the citations to an
inspector's lack of knowledge of asbestos removal. He said the
company refused OSHA's recent offer to reduce the fines and
expects to have them dismissed.

"We're a 52-year-old company and we've never had an OSHA violation
in our 52 years," Thompson said. "All our people were trained and
worked within the specifications of asbestos abatement."
The work was performed in July on the 75-year-old, vacated
Grovetown School, which Columbia County Board of Education tore
down to make way for a new school.


ASBESTOS UPDATE: Mesothelioma Bill Feared Not Enough for Victims
----------------------------------------------------------------
Derby Telegraph reported that campaigners supporting hundreds of
asbestos sufferers in Derbyshire say the new Mesothelioma Bill is
a "welcome step forward" -- but it does not go far enough.

The Bill -- which aims to establish a compensation fund for
victims of the deadly dust who cannot trace the company where they
were exposed to the asbestos -- has now completed all stages in
the House of Commons.

This means it will return to the House of Lords for consideration
of the amendments made to the Bill in the Commons and then be
ready to receive royal assent -- when the Queen agrees to make it
an Act of Parliament.

One proposed change to the Bill during its time in the Commons was
to increase the amount of money received by asbestos sufferers
from 75% of average compensation to 80%.

The Government also rejected attempts to move the eligibility
start date back from July 2012 to February 2010, when Labour
launched the original consultation on the payments scheme.

This would have meant those who were diagnosed after that time
would have been eligible for compensation.

Joanne Gordon, of the Derbyshire Asbestos Support Team -- which
supports those suffering illness linked to exposure to the deadly
dust -- said: "The new Act is a step in the right direction.

"However, mesothelioma victims should receive 100% compensation.
They are paying with their lives and the least they deserve is
100% justice.

"It was realised this was not achievable but there was opinion 80%
payment should have been the very minimum payment.

"So the Derbyshire Asbestos Support Team is expressing
disappointment that, despite cross-party support, the Government
closed ranks and amendments to improve the bill for mesothelioma
victims was lost."

Mrs Gordon said the Government estimates mesothelioma sufferers
have, to date, lost 800 million due to untraced insurance.

She said: "The Act will be reviewed in four years' time and,
therefore, we will be continuing the pressure for improvements
into the future."


ASBESTOS UPDATE: Window Fibro Adds to Memorial Demolition Costs
---------------------------------------------------------------
Matthew Bieniek, writing for Cumberland Times-News, reported that
the discovery that more asbestos is at the old Memorial Hospital
site forced the city council in Cumberland, Maryland, to approve a
$76,000 change order to remedy the problem.  That change order may
not be the last one for the project, said City Administrator Jeff
Rhodes.

"I?caution that it's likely a few more of these change orders may
be needed," Rhodes said. The asbestos was found in 460 windows in
the sealant used for the windows.

The change order did not require any additional work days for
Ritter & Paratore Contracting Inc. of Utica, N.Y.  The eight-acre
parcel will be smoothed and planted with grass to leave the tract
as a green site, city officials have said.

City Hall is also on board for a face-lift of sorts. A plan is
being developed to grade the soil and replace the trees and shrubs
around the building. The soil grading should help with moisture
issues in the building, officials said.

The proposal includes removing the existing trees and shrubs from
around the building, cleaning the building and sloping the
planting beds away from City Hall. The building would then get new
landscaping, said Paul Eriksson, the city's natural resource
technician.

Plans for the new trees and shrubs caused a bit of humorous
comment, especially the idea of planting varieties of trees that
might bear fruit, including serviceberry.

"I would like no berries," said Councilman David Kauffman. Mayor
Brian Grim agreed.

"We hate nuts and berries," Rhodes chimed in, to put an end to the
discussion. Eriksson said that getting comment from elected
officials on the developing plans was the purpose of the
presentation. Plans for the proposed landscaping are still in
development, city officials said.

The city also proclaimed 2014 the "Year of Friends Aware" in
recognition of the organization's 60th anniversary. Friends Aware
serves around 140 individuals with developmental disabilities who
live in Allegany County. The organization is in the midst of a
capital campaign to renovate its 22,000-square-foot facility on
Holland Street.

The discussions took place during the mayor and city council's
regular weekly meeting at City Hall.


ASBESTOS UPDATE: Fibro Fears Force Closure of Halifax Building
--------------------------------------------------------------
Laura Fraser, writing for The Chronicle Herald, reported that the
only sounds coming out of the historic Khyber building on
Barrington Street, in Halifax, Canada, in the coming months will
likely be construction, with its temporary shuttering.

The municipality alerted tenants in the downtown arts and culture
hub after an environmental assessment found asbestos might be
disturbed if plaster detached in the old building.

A piece of plaster fell earlier this winter, sparking
environmental tests in December, the municipality's facility
development manager said. There's no evidence any asbestos -- a
carcinogenic material once widely used as insulation -- escaped
into the air, according to the interim report, Richard MacLellan
said. The report also found traces of lead paint inside.

"I'm fully confident, if you walked in the building right now, the
air is clear," he said in an interview. "But particularly with
. . . hosting public events and moving art around, there's a high
risk to disturb those things and I didn't feel HRM could manage
until that building's properly (restored)."

It's unclear exactly how long the building will remain dormant,
but MacLellan said he hopes to put a renovation plan before
council in March. After that, it could take anywhere from six to
18 months, he said, depending on the extent of the renovations,
which, at a guess, he said could cost between $3 million and $4
million.

That would include about $2 million of "deferred maintenance" and
installing an elevator in the historic building.

The renovations would likely marry some new construction with the
historic character of the building, he said.

"I couldn't imagine in any case that the building would be
demolished," he said. "It's a matter of how reconstruction would
happen and who does it. It is a registered heritage building, it
has a lot of heritage value. It's about how you fix it."

MacLellan plans to meet with an architect in the next few days.

The 125-year-old building houses the Khyber Arts Society and the
Heritage Trust of Nova Scotia, which are working with the
municipality to find new space on short notice. The arts society
had planned to host concerts and for the Open Waters Festival, but
hastily moved them to the Dalhousie Arts Centre.

And while the closure happened suddenly, the society has known
since a 2012 municipal report that the building needed upgrades.

"It's obviously quite disruptive for us, but I'm happy progress
(with the restoration) is being made," chairman Andrew McLaren
said.  He said he worries, however, about the dwindling presence
of the arts in the city's core, particularly during renovations.

"We've been a springboard for a lot of talent, even in the Khyber
Club days. Buck 65, Joel Plaskett . . . they used to play here
quite regularly," McLaren said. "We fill a niche in Halifax's
downtown. I think we should all be concerned about the situation
of Barrington Street, which used to be far more vibrant with
artist studios and small businesses.

"There's the risk that it's just becoming another cultural ghost
street."

The Heritage Trust expects to stay in the building until the end
of the month, its president said.

Linda Forbes said she's hopeful the restoration will allow people
more access to the main floor, some of which has been closed to
the public.  And, of course, to see the building returned to its
former glory.

"I'd like to see them being respectful of the original materials
and design -- making repairs rather than replacement," she said.
"But in some respects, (the building's) had a hard life, so it
will be nice to see it polished up a bit."


ASBESTOS UPDATE: Accountant's Death May Be Caused by School Fibro
-----------------------------------------------------------------
Bath Chronicle reported that an accountant in Bath, United
Kingdom, who lost his battle with a form of cancer linked to
asbestos could have been exposed to the substance during his
school days in the late 60s.

Jeremy Salter, 58, who worked for magazine and internet firm
Future died from mesothelioma in July.  The only time Mr Salter
had been exposed to asbestos was during building work at a school
in Hampshire which he attended from 1967 to 1969.  An inquest into
his death recorded a verdict of accidental death, but his family
have instructed lawyers.  Mr Salter, who lived in Somerton,
remembers walking past the area where materials containing
asbestos minerals and fibres were being used, before occupying the
new buildings.

Mr Salter's wife of 37 years Joan said: "As a family we have all
been devastated by this terrible tragedy.

"I have lost my husband and the children have lost their father as
a result of exposure to asbestos dust.

"We are all so upset at this loss, and the conclusion by the
coroner that Jeremy's death was accidental.

"Jeremy's diagnosis came completely out of the blue, we were both
working full time, enjoying family life and looking forward to
future holidays and plans.

"Jeremy was so fit and healthy, when the doctors mentioned
asbestos to we really could not work it out as he had never worked
in industries where he would have come across asbestos."

During his illness Mr Salter instructed mesothelioma specialist
Helen Grady from Novum Law in Queen Square, to investigate his
case.

Mrs Salter said: "Money cannot bring Jeremy back but during his
lifetime he was determined to get to the bottom of who had exposed
him to asbestos and how he may have contracted this dreadful
disease.

"Getting justice for what happened to him was his last wish and
also for his family to have future financial security as he had
intended to carry on providing for us for many more years to
come."

Ms Grady said: "Mesothelioma is a rare cancer and is by and large
a cancer linked to past asbestos exposure.

"At Novum Law we are seeing more cases whereby people are
contracting mesothelioma when they did not directly work with
asbestos.

"This should be a reminder that there is no known safe level of
asbestos exposure.

"The vast majority of the cases we deal with have conclusions of
industrial disease following workplace exposure.

"Jeremy did not work with asbestos and the coroner could not
conclude that his death was an industrial disease.

"Instead the coroner returned a conclusion of accidental death."


ASBESTOS UPDATE: Perth Hills Residents Warned of Fibro Exposure
---------------------------------------------------------------
Leanne Nicholson, writing for WA News, reported that residents
recovering from the devastating fires in Perth Hills, Australia,
have been warned of a secondary danger facing homeowners and
clean-up services.

Asbestos in homes and buildings may have been exposed or disturbed
by the fires, specialist in the deadly fibres Laine McDonald said.
Ms McDonald said residents who returned to their properties and
homes to begin the clean-up process should be aware of the risks
of asbestos dust.

"As residents start cleaning up after the fires, they could be at
risk of exposure, especially without adequate respiratory
protection," said Ms McDonald, a Slater and Gordon asbestos
lawyer.

"Once breathed in, the dust released by damaged asbestos products
can cause mesothelioma, lung cancer and other serious lung
diseases.

"Around 250 Western Australians die every year from asbestos-
related diseases and as long as asbestos products remain in our
community we continue to be at risk.

"Most of us wouldn't be able to tell if our homes contained
asbestos, but as a general rule, if it was built before the mid
1980s there could be a risk to health."

Information about handling asbestos during the clean-up can be
found on the Department of Health's website.

Ms McDonald said while there were ways to remove damaged asbestos
themselves, it was much safer for residents to use an asbestos
removal contractor.

Fairfax Media has contacted the Shire of Mundaring for comment.


ASBESTOS UPDATE: PI Suit v. Crane Co. Remains in NY District Court
------------------------------------------------------------------
On November 18, 2013, defendant Crane Co. invoked the federal
officer removal statute, 28 U.S.C. Section 1442(a)(1), and removed
to federal court the asbestos-related tort action styled KENNETH
GATES, JR., as Executor of the Estate of KENNETH GATES AND GLADYS
GATES, Plaintiff, v. SMITH WATER PRODUCTS CO.; A.W. CHESTERTON
COMPANY; AMERICAN STANDARD, INC. AVIATION MANUFACTURING
CORPORATION, Individually and as successor in interest to SPENCER
HEATER; BURNHAM, LLC, as successor to BURNHAM CORPORATION; CBS
CORPORATION, a Delaware Corporation formerly known as Viacom,
Inc., successor-by-merger to CBS Corporation, a Pennsylvania
Corporation formerly known as Westinghouse Electric Corporation;
CERTAIN TEED CORPORATION; CLEAVER BROOKS COMPANY, INC.; CRANE CO.;
CROWN BOILER CO., formerly known as Crown Industries Inc.; DANA
CORPORATION; DURABLA MANUFACTURING COMPANY; EMPIRE-ACE INSULATION
MFG. CORP.; FOSTER WHEELER LLC; FULTON BOILER WORKS, INC.;
GOODYEAR CANADA, INC.; GOODYEAR TIRE & RUBBER COMPANY; GOULDS
PUMPS, INC.; H.B. SMITH COMPANY, INCORPORATED; HOLLINGSWORTH &
VOSE, CO.; ITT INDUSTRIES, INC.; ITT INDUSTRIES, INC., as
successor to Bell & Gossett Company and as successor to Kennedy
Valve Manufacturing Co., Inc., and as successor to Grinnell Valve
Co., Inc.; J.H. FRANCE REFRACTORIES COMPANY; KENTILE FLOORS, INC.;
MINNESOTA MINING & MANUFACTURING COMPANY; PATTERSON KELLY
DIVISION; PEERLESS INDUSTRIES, INC.; ROBERT A. KEASBEY COMPANY;
UTICA BOILERS, INC., Individually and as successor to UTICA
RADIATOR CORPORATION; WEIL-MCLAIN, a division of The Marley
Company; and YORK INDUSTRIES CORP., Defendants, NO. 3:13-CV-1435
(N.D.N.Y.).

Plaintiff Kenneth Gates, Jr., as Executor of the Estate of Kenneth
Gates and Gladys Gates, has moved to remand the action to state
court based on a lack of subject matter jurisdiction.  The
Defendant opposed.

Judge David N. Hurd of the U.S. District Court for the Northern
District of New York, in a memorandum-decision and order dated
Jan. 9, 2014, denied the Plaintiff's motion to remand, holding
that Crane has submitted sufficient evidence to support its
position that it can satisfy all three elements of in Boyle v.
United Tech. Corp., 487 U.S. 500, 512 (1988), and has therefore
raised a colorable federal defense.  Judge Hurd said that if it
later becomes evidence that the relevant facts developed in the
litigation do not support jurisdiction, the action can be
dismissed and remanded.

A full-text copy of Judge Hurd's Decision is available at
http://is.gd/jQpPiGfrom Leagle.com.

Attorneys for Plaintiff is:

         KYLE A. SHAMBERG, ESQ.
         JOHN E. RICHMOND, ESQ.
         WEITZ, LUXENBERG LAW FIRM
         700 Broadway
         New York, NY 10003
         Tel: (212) 558-5500
         Fax: (212) 344-5461

JULIE R. EVANS, ESQ. -- julie.evans@wilsonelser.com -- at WILSON,
ELSER LAW FIRM, New York, NY, Attorneys for Defendants A.W.
Chesterton, Company and Burnham, LLC.

GENEVIEVE MACSTEEL, ESQ. -- gmacsteel@mcguirewoods.com -- at
MCGUIRE, WOODS LAW FIRM, in New York, NY, Attorneys for Defendant
American Standard, Inc.

DAVID P. SCHAFFER, ESQ. -- dpschaffer@mblaw.net -- at MALABY,
BRADLEY LAW FIRM, New York, Attorneys for Defendants CBS
Corporation, Cleaver Brooks Company, Inc., and Weil-McLain.

STEPHEN S. DAVIE, ESQ. -- sdavie@mackenziehughes.com -- at
MACKENZIE, HUGHES LAW FIRM, in Syracuse, NY, Attorneys for
Defendant Cleaver Brooks Company, Inc.

ANGELA DIGIGLIO, ESQ. -- angela.digiglio@klgates.com -- ERIC R.I.
COTTLE, ESQ. -- eric.cottle@klgates.com -- and NICOLLE M. KOZIN,
ESQ. -- nicole.kozin@klgates.com -- at K&L GATES LLP, in New York,
NY, Attorneys for Defendant Crane Co.

MICHAEL A. TANENBAUM, ESQ. -- michael.tanenbaum@sedgwicklaw.com --
at SEDGWICK LLP, in Newark, NJ, Attorneys for Defendant Foster
Wheeler LLC.

SUZANNE M. HALBARDIER, ESQ. -- SHalbardier@bmmfirm.com -- and
WILLIAM A. COONEY, ESQ. -- WCooney@bmmfirm.com -- at BARRY,
MCTIERNAN LAW FIRM, in New York, NY, Attorneys for Defendants
Fulton Boiler Works, Inc. and Utica Boilers, Inc.

Defendant Goulds Pumps, Inc., is represented by:

         LISA MARIE ROBINSON, ESQ.
         GOLDBERG, SEGALLA LAW FIRM
         5786 Widewaters Parkway
         Syracuse, New York 13214-1840
         Tel: 315.413.5400
         Fax: 315.413.5401

CYNTHIA WEISS ANTONUCCI, ESQ. -- cantonucci@harrisbeach.com -- at
HARRIS, BEACH LAW FIRM, in New York, NY, Attorneys for Defendant
Kentile Floors, Inc.

ANNA M. DILONARDO, ESQ. -- amdilonardo@mdwcg.com -- at MARSHALL,
DENNEHEY LAW FIRM, in Hauppauge, NY, Attorneys for Defendants
Peerless Industries, Inc. and Robert A. Keasbey Company.

V. CHRISTOPHER POTENZA, ESQ. -- vcp@hurwitzfine.com -- at HURWITZ,
FINE LAW FIRM, in Buffalo, NY, Attorneys for Defendant Weil-
McLain.


ASBESTOS UPDATE: WECCO's Insurance Suit Remains in Maryland Court
-----------------------------------------------------------------
Judge William M. Nickerson of the U.S. District Court for the
District of Maryland issued a memorandum and order denying a
request for the Court to abstain from exercising jurisdiction over
an action involving an insurance coverage between The Walter E.
Campbell Company (WECCO) -- a company which for decades engaged in
the business of handling, installing, disturbing, removing, and
selling asbestos-containing insulation materials -- and several of
its insurers.

WECCO, in its motion to dismiss the lawsuit, which was filed by
one of the insurers, the General Insurance Company of America,
also asked the District Court to abstain from exercising
jurisdiction over the dispute under either the Brillhard/Wilton
doctrine or the Colorado River doctrine.  WECCO argued that, under
either doctrine, the District Court should defer to the Superior
Court of the District of Columbia and stay the action.

Judge Nickerson ruled that there is no reason why a District of
Columbia court, be it federal or state, would have greater
interest than that of his Court in resolving the issues in the
instant case.  WECCO argued that it began its operations in the
District of Columbia and that many of the asbestos claims to which
the insurance coverage at issue relates were filed and are pending
in the District of Columbia.  Judge Nickerson, however, agreed
with General and pointed out that while WECCO may have started out
in D.C., it has maintained its headquarters in Maryland since at
least the 1960s.  Moreover, Judge Nickerson pointed out that the
policies with at least four of the defendant insurance companies
were delivered to Maryland and WECCO's insurance agent for these
policies were located in Maryland.  More significantly is the fact
that, of the approximately 750 asbestos claims currently pending
against WECCO, over 90 percent are pending in Maryland, and the
"overwhelming majority of past asbestos claims against WECCO have
also been filed in Maryland," Judge Nickerson added.

Judge Nickerson further pointed out that while the cases have been
pending now for more than a year, neither case has progressed
beyond the preliminary stage due to the procedural jockeying of
both sides.

The case is GENERAL INSURANCE COMPANY OF AMERICA v. THE WALTER E.
CAMPBELL COMPANY, INC. et al., CASE NO. WMN-12-3307 (D.Md.).  A
full-text copy of Judge Nickerson's Decision is available
at http://is.gd/sxeO7Cfrom Leagle.com.


ASBESTOS UPDATE: 5th Cir. Remands Breach of Contract Suit v. USPS
-----------------------------------------------------------------
A three-judge panel of the U.S. Court of Appeals for the Fifth
Circuit composed of Judge Carl E. Stewart, Judge Harold R. DeMoss,
Jr., and Judge Edith Brown Clement vacated and remanded a district
court's ruling in a dispute arising from the lease of a building
in Greenville, Texas.

The lessee, the United States Postal Service vacated the building
in 2007 alleging that it was untenantable after asbestos was
detected in dust samples taken from various horizontal surfaces in
the building.  The lessors, J. Leonard Spodek and Rosalind Spodek,
sued the USPS for breaching the lease, and the USPS brought a
breach of contract counterclaim.  The district court found that
the Spodeks "failed to prove by a preponderance of the evidence
that the USPS breached the lease."  Furthermore, the district
court found found "[t]he USPS proved by a preponderance of the
evidence that Plaintiffs constructively evicted it from the leased
property and defaulted on the lease effective June 30, 2007."

The Fifth Circuit ruled that the district court erred in finding
that the construction plans and specifications were a part of a
separate agreement than the lease and irrelevant as a matter of
law.  Because the plans and specifications were part of the same
agreement as the lease, the Fifth Circuit vacated the judgment of
the district court in its entirety and remanded for
reconsideration in light of its opinion.

The case is J. LEONARD SPODEK; ROSALIND SPODEK, Plaintiffs-
Appellants, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee,
NO. 12-11025 (5th Cir.).  A full-text copy of the Fifth Circuit's
Decision dated Jan. 10, 2014, is available at http://is.gd/cGdTPe
from Leagle.com.


ASBESTOS UPDATE: UCC's Bid to Dismiss "Kestenbaum" Suit Denied
--------------------------------------------------------------
Judge Sherry Klein Heitler of the Supreme Court, New York County,
denied Union Carbide Corporation's motion for summary judgment
dismissing all claims and cross-claims asserted against it on the
ground that there is no evidence to show that decedent Frank
Kestenbaum was exposed to asbestos from a UCC product.

Judge Heitler held that where the facts are disputed but are
susceptible to more than one permissible inference, the choice
between those inferences should not be made as a matter of law,
but should be submitted to the trier of fact.  In light of Susan
Carrington's testimony regarding UCC's fibrous resins and Carlo
Martino's testimony that approximately 40 percent of UCC's
phenolic resins contained asbestos in 1969, there is enough to
question UCC's position that the resins Mr. Kestenbaum worked with
were universally asbestos-free.

The case is ALICE KESTENBAUM, as Executrix of the Estate of FRANK
KESTENBAUM, Plaintiff, v. DUREZ CORPORATION, et al., Defendants,
DOCKET NO. 190421/11, MOTION SEQ. NO. 002 (N.Y. Sup.).  A full-
text copy of Judge Heitler's decision and order dated Jan. 6,
2014, is available at http://is.gd/wGyiwFfrom Leagle.com.


ASBESTOS UPDATE: NY Court Denies ITT's Bid to Vacate "Dumas" Suit
-----------------------------------------------------------------
Magistrate Judge Sherry R. Fallon of the U.S. District Court for
the District of Delaware denied ITT Corporation's motion to vacate
a personal injury diversity action asserting various causes of
action arising out of Arthur Dumas's alleged exposure to asbestos
throughout his employment.

The magistrate judge found that inclusion of ITT in the action
will not cause the company to suffer undue prejudice.  Although
the discovery deadlines set in the scheduling order recently
expired, a limited extension of these deadlines to enable ITT to
conduct discovery is an adequate remedy.

The case is ARTHUR DUMAS, Plaintiff, v. ABB GROUP, INC., et al.,
Defendants, CIVIL ACTION NO. 13-229-SLR-SRF (D.Del.).  A full-text
copy of Magistrate Judge Fallon's memorandum opinion dated Jan. 9,
2014, is available at http://is.gd/LWRMLYfrom Leagle.com.


ASBESTOS UPDATE: Crane Co. Dropped From "Kirschner" Suit
--------------------------------------------------------
Magistrate Judge Stephen C. Williams of the U.S. District Court
for the Southern District of Illinois granted Plaintiff Edward and
Eugenia Kirschner's motion to dismiss Crane Co. as defendant in
their asbestos-related personal injury action to divest the
District Court of jurisdiction, so that the case may be remanded
to state court.

The magistrate judge also granted the Plaintiffs' motion to
remand, which were filed based on Crane Co.'s agreement to remand
the case back to state court.  Accordingly, the remaining claims
and defendants are remanded to the Third Judicial Circuit state
court, Madison County, Illinois, Case No. 13-L-1744.

The case is EDWARD AND EUGENIA KIRSCHNER, Plaintiffs, v. AERCO
INT'L, INC., et al., including CRANE CO., Defendants, ILLINOIS
TOOL WORKS et al., Cross-Claimants, Case No. 13-CV-1207-SCW (S.D.
Ill.).  A full-text copy of Magistrate Judge Williams' decision
dated Jan. 6, 2014, is available at http://is.gd/ggjYHBfrom
Leagle.com.


ASBESTOS UPDATE: 7th Cir. Affirms Jury Verdict in "O'Malley" Suit
-----------------------------------------------------------------
Defendant-Appellant Duane "Butch" O'Malley was convicted of
removing, transporting, and dumping asbestos-containing
insulation.  A jury was convinced beyond a reasonable doubt that
O'Malley knew the insulation contained asbestos.  O'Malley appeals
his criminal conviction and sentence on two grounds: First, he
argues that the government did not prove the appropriate mens rea
for the Clean Air Act violations of which he was accused: he
argues that the government was required to prove that O'Malley
knew that the asbestos in the building was a regulated type of
asbestos. In the alternative, he asserts that the district court
inappropriately participated in the plea negotiations.

A three-judge panel of the U.S. Court of Appeals for the Seventh
Circuit, on Jan. 8, 2014, found that the jury was correctly
instructed on, and the government proved, the correct mens rea for
the violations in question.  The Seventh Circuit also concluded
that the district court did not improperly participate in plea
negotiations.  Consequently, the Seventh Circuit affirmed the
judgment of the district court.

The case is UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DUANE
L. O'MALLEY, aka BUTCH, Defendant-Appellant, NO. 12-2771 (7th
Cir.).  A full-text copy of Jan. 8, 2014, Seventh Circuit's
opinion penned by Judge Tinder is available at http://is.gd/znBytx
from Leagle.com.


ASBESTOS UPDATE: 9th Cir. Vacates Expert Admission in PI Suit
-------------------------------------------------------------
The U.S. Court of Appeals for the Ninth Circuit, ruling en banc,
vacated a district court's admission of expert testimony at trial
in an asbestos-related personal injury case filed by a former
worker at a Crown-Zellerbach paper mill.  The district court
admitted the expert testimony of two of the plaintiff's experts
despite the defendants' objection.

According to the Ninth Circuit, the district court failed to make
findings of relevancy and reliability before admitting into
evidence the testimony of the two experts and expert testimony
regarding the theory that "every asbestos fiber is causative."
The district court's failure to make these gateaway determinations
was an abuse of discretion, the Ninth Circuit ruled.  The error
was prejudicial because the erroneously admitted evidence was
essential to the Plaintiffs' case, the Ninth Circuit added.  Due
to the district court's abdication of its role as gatekeeper and
the severe prejudice that resulted from the error, the Ninth
Circuit ruled that the appropriate remedy is a new trial.

The cases are ESTATE OF HENRY BARABIN; GERALDINE BARABIN, personal
representative, Plaintiffs-Appellees, v. ASTENJOHNSON, INC.,
Defendant-Appellant, NO. 10-36142 (9th Cir.)., and ESTATE OF HENRY
BARABIN; GERALDINE BARABIN, personal representative, Plaintiffs-
Appellees, v. ASTENJOHNSON, INC., Defendant, and SCAPA DRYER
FABRICS, INC., Defendant-Appellant, NO. 11-35020 (9th Cir.).  A
full-text copy of the Jan. 15, 2014 Ninth Circuit decision penned
by Judge N. Randy Smith is available at http://is.gd/HREXH8from
Leagle.com.

Michael B. King, Esq. -- king@carneylaw.com -- and Emilia L.
Sweeney, Esq. -- sweeney@carneylaw.com -- at Carney Badley
Spellman P.S., in Seattle, Washington, for Defendant-Appellant
AstenJohnson.

Mary H. Spillane, Esq. -- mspillane@williamskastner.com -- and
Daniel W. Ferm, Esq. -- dferm@williamskastner.com -- at Williams,
Kastner & Gibbs PLLC, Seattle Washington, for Defendant-Appellant
Scapa.

Plaintiffs-Appellees are represented by Philip A. Talmadge, Esq.
-- Phil@tal-fitzlaw.com -- and Sidney Tribe, Esq. -- Sidney@tal-
fitzlaw.com -- at Talmadge/Fitzpatrick PLLC, Tukwila, Washington;
and:

         Alan R. Brayton, Esq.
         Gilbert L. Purcell, Esq.
         Lloyd F. LeRoy, Esq.
         James P. Nevin, Esq.
         Richard M. Grant, Esq.
         Brayton Purcell LLP
         222 Rush Landing Road
         PO Box 6169
         Novato, CA 94945
      Tel: 415-895-2669
      Fax: 415-898-1247


ASBESTOS UPDATE: R.I. Court Denies Bid to Dismiss "Lepore" Suit
---------------------------------------------------------------
Carol Lepore and her late husband, Leonard Lepore, filed an
asbestos-related negligence claim against a number of defendants,
including Rhode Island Hospital and Miriam Hospital, which move
for summary judgment.

In a decision dated Jan. 15, 2014, Judge Gibney of the Superior
Court of Rhode Island, PROVIDENCE, SC, denied, without prejudice,
the Defendants' Motion for Summary Judgment, because the Plaintiff
continues to engage in efforts to discover probative and pertinent
evidence to support her claims.  Judge Gibney noted that the
Plaintiff has made a discovery request for written contracts
between the Defendants and various contractors who installed
asbestos in their buildings, and these contracts, according to the
Plaintiff, are likely to demonstrate that the Defendants knew or
should have known about both the preexisting asbestos in their
buildings and about the asbestos brought in by their other workers
in Mr. Lepore's presence.

The case is LEONARD L. LEPORE and CAROL A. LEPORE v. A.O. SMITH
CORP., et al., C.A. NO. PC 12-1469 (R.I. Super.).  A full-text
copy of Judge Gibney's Decision is available at
http://is.gd/tGrFJbfrom Leagle.com.

Robert J. McConnell, Esq. -- bmcconnell@motleyrice.com -- Donald
A. Migliori, Esq. -- dmigliori@motleyrice.com -- and Vincent L.
Greene, Esq. -- vgreene@motleyrice.com -- at Motley Rice LLC, 321
South Main Street, Providence, RI 02903, (401) 457-7700, for
Plaintiffs.

Mark O. Denehy, Esq. -- mdenehy@apslaw.com -- Victoria M. Almeida,
Esq. -- valmeida@apslaw.com -- R. Bart Totten, Esq. --
btotten@apslaw.com -- and James R. Oswald, Esq. --
joswald@apslaw.com -- at Adler Pollock & Sheehan P.C., One
Citizens Plaza, 8th Floor Providence, RI 02903-1345, (401) 274-
7200, for Defendants Bayer Cropscience, Inc., f/k/a Amchem
Products, Inc.

Lawrence G. Cetrulo, Esq. -- lcetrulo@cetllp.com -- and Stephen T.
Armato, Esq. -- sarmato@cetllp.com -- at Cetrulo & Capone LLP, Two
Seaport Lane, Boston, MA 02210, (617) 217-5500, for Burnham
Corporation Certainteed Corporation Clark-Reliance Corporation
Exxon Mobil Corporation Honeywell International, Inc. f/k/a Allied
Signal, Inc. Pfizer, Inc. Riley Power, Inc. f/k/a D.B. Riley, Inc.
f/k/a Riley Stoker Corporation.

Michael D. Chefitz, Esq. -- mchefitz@bonnerkiernan.com -- at
Bonner Kiernan Trebach & Crociata, 200 Portland Street, Suite 400,
Boston, MA 02109, (617) 426-3900, Crown, Cork & Seal Company, Inc.

Jeffrey M. Thomen, Esq. -- jthomen@mccarter.com -- at McCarter &
English, LLP, CityPlace I, 18 Asylum Street, Hartford, CT 06103,
(860) 275-6700, General Electric Company.

Jeffrey S. Brenner, Esq. -- jbrenner@nixonpeabody.com -- at Nixon
Peabody LLP, One Citizens Plaza, Suite 500, Providence, RI 02903,
(401) 454-1000, Harsco Industrial Patterson-Kelly.

David A. Goldman, Esq. -- dgoldman@governo.com -- and Kendra A.
Christensen, Esq. -- kchristensen@governo.com -- at Governo Law
Firm LLC, Two International Place Boston, MA 02110 (617) 737-9045
Johnston Boiler Company.

Michael J. Marcello, Esq. -- mmarcello@morrisonmahoney.com -- at
Morrison Mahoney LLP, 10 Weybosset Street, Suite 900, Providence,
RI 02903, (401) 331-4660, Karnak Corporation.

Thomas W. Lyons, III, Esq. -- tlyons@straussfactor.com -- at
Strauss, Factor, Laing & Lyons, One Davol Square, Suite 305,
Providence, RI 02903 (401) 456-0700, Mercoid Controls, A Division
of Dwyer Instruments, Inc.

Jeffrey M. Thomen, Esq. -- jthomen@mccarter.com -- at McCarter &
English, LLP, CityPlace I 18 Asylum Street Hartford, CT 06103
(860) 275-6700 Mestek, Inc.

Lynette J. Labinger, Esq. -- labinger@roney-labinger.com -- at
Roney & Labinger LLP, 344 Wickenden Street Providence, RI 02903
(401) 421-9794 Providence College.

William F. White, Esq. -- wwhite@whitekelly.com -- and Ryan K.
Deady, Esq. -- rdeady@whitekelly.com -- at White & Kelly, P.C.,
155 Westminster Street, 7th Floor The Westminster Square Building
Providence, RI 02903 (401) 273-1400 Roger Williams Medical Center
St. Joseph Health Services of Rhode Island.

Alex A. Romano, Esq. -- aromano@morrisonmahoney.com -- at Morrison
Mahoney LLP, 10 Weybosset Street, Suite 900 Providence, RI 02903
(401) 331-4660 Starwood Hotels & Resorts Worldwide, Inc.

Mark O. Denehy, Esq. -- mdenehy@apslaw.com -- Victoria M. Almeida,
Esq. -- valmeida@apslaw.com -- R. Bart Totten, Esq. --
btotten@apslaw.com -- James R. Oswald, Esq. -- joswald@apslaw.com
-- at Adler Pollock & Sheehan P.C., One Citizens Plaza, 8th Floor
Providence, RI 02903-1345 (401) 274-7200 Union Carbide
Corporation.

Todd S. Holbrook, Esq. -- tholbrook@morganlewis.com -- and Patrick
S. Tracey, Esq. -- ptracey@morganlewis.com -- at Morgan Lewis &
Bockius, LLP, 225 Franklin Street, 16th Floor Boston, MA 02110
(617) 341-7700 Yarway Corporation.


                             *********

S U B S C R I P T I O N  I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA.  Noemi Irene A.
Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo,
Christopher G. Patalinghug, and Peter A. Chapman, Editors.

Copyright 2014. All rights reserved. ISSN 1525-2272.

This material is copyrighted and any commercial use, resale or
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