/raid1/www/Hosts/bankrupt/CAR_Public/140221.mbx              C L A S S   A C T I O N   R E P O R T E R

             Friday, February 21, 2014, Vol. 16, No. 37


ALGO CENTRE: Class Action Over Mall Roof Collapse Certified
ANZ BANK: West Australian Farmers Mull Class Action
APPLE INC: Judge Tosses Class Action Over Siri Advertisements
BACKWOODS STEAKHOUSE: Server Seeks Payment of Minimum & OT Wages
CAPITAL INTELLECT: Registry Power Cleaner Is a Scam, Suit Claims

CINCINNATI BENGALS: Cheerleader Files Wage Class Action
COTY INC: Kaplan Fox Files Securities Class Action in New York
CREDITORS INTERCHANGE: Court Tosses Bid to Dismiss FDCPA Suit
CROWN STAR: Recalls Various Tillamook Country Smoker Jerky
DELTA PETROLEUM: Shareholders Fails in Bid to Revive D&O Suit

DENTAQUEST USA: Removed "Firestone" Class Suit to W.D. Tennessee
ELECTROLUX HOME: "Watters" Class Suit Transferred to New Jersey
EUROPEAN FINE: Recalls Lajkonik Crackers Due to Undeclared Milk
FACEBOOK INC: Privacy Class Action Settlement Faces Opposition
FRESENIUS MEDICAL: Hundreds of Dialysis Lawsuits Remain Pending

GENERAL MOTORS: Recalls 153,310 Cars Due to Ignition Switch Defect
GIANT FOOD: Accused of Violating Disabilities Act in Pennsylvania
GNC CORP: "Brown" Suit Transferred From California to Maryland
GOODLUCK BUSINESS: Class Seeks to Recover Unpaid Overtime Wages
HEARTLAND: Recalls 3 Landmark Trailers Due to Incorrect Tire Info

HIRERIGHT SOLUTIONS: Court Narrows Claims in "McNamara" Class Suit
JOHNSON & JOHNSON: Hunter Women Join Mesh Class Action
JIM'S ANTIQUES: Ex-Salesman Seeks Unpaid Overtime Wages & Damages
LEXINGTON FAYETTE: Roe Plaintiffs' Bid to Quash Attys. Lien Okayed
LNT ACQUISITION: Misrepresents Bamboo Textile Products, Suit Says

LOUISIANA: Workers' Suit Over Contaminants Get Class-Action Status
METROPOLITAN LIFE: Faces ERISA Violations Suit in S.D. New York
MONTREAL MAINE: Transport Canada Included in Class Action
NEIMAN MARCUS: Seeks Dismissal of Data Breach Class Action
NEW YORK: Plaintiffs Seek Remand of Stop-and-Frisk Cases

NISSAN MOTOR: Recalls 1,373 Trucks Due to Circuit Breaker Defect
NUTRO CO: Mars, Unit Sued Over Misleading Dog Food Product Labels
PELLA CORP: Accused of Selling Defective Designer Series Windows
PHILIP MORRIS: Media Outlets Seek Inclusion in Tobacco Settlement
PORTFOLIO RECOVERY: Sued for Sending Illegal Collection Notices

RANCHO FEEDING: Shuts Down Following Recall of Beef Products
REDNER'S MARKETS: Faces "Rozear" Class Suit in Pennsylvania
RJ REYNOLDS: Former Dancer May Sue Over COPD, 3rd Cir. Rules
S-L DISTRIBUTION: "McPeak" Suit Plaintiff May Amend Complaint
SEARS ROEBUCK: OT Class Action Settlement Gets Preliminary Okay

SIX FLAGS: Faces Suit of Defective Roller Coaster Train Car
SPM RESORTS: Class Seeks to Recover Overtime Pay and Damages
STARWOOD HOTELS: Wins Dismissal of Price-Fixing Lawsuit
TOYOTA MOTOR: Recalls 25,557 Cars & SUVs Due to Crash Risk
TOYOTA MOTOR: Recalls 1,379 PRIUS Cars Due to Damaged IPM

VANDERPOL'S EGGS: Recalls Ova Easy Egg Products Due to Salmonella
VIRGINIA: Sterilization Victims May Get Compensation
VIRGINIA: Judge Strikes Down Ban on Same-Sex Marriage
WOK N FIRE: Fails to Pay Minimum Wages, Ill. Suit Says
WHOLE FOODS: Faces "Gezahegne" Suit Over Employee Background Check

YAMAHA: Recalls 115 Motorcycles Due to Cracked Drive Chain Clip
ZICAM LLC: Falsely Represented "Pre-Cold Medicine," Suit Claims

* CJD Exposure Through Contaminated Equipment Spurs Lawsuits
* U.S. Supreme Court Likely to Review Same-Sex Marriage in 2015

                       Asbestos Litigation

ASBESTOS UPDATE: Porterville Hotel Fire Raises Fibro Concerns
ASBESTOS UPDATE: Widowed Claimant Can't Shield Claim Forms
ASBESTOS UPDATE: Deadly Dust Fills Kate Valley
ASBESTOS UPDATE: Thai Health Secretary Backs Outlawing of Fibro
ASBESTOS UPDATE: Directors Given Suspended Sentences for Dumping

ASBESTOS UPDATE: Guilty Plea Entered for Landlord in Fibro Case
ASBESTOS UPDATE: Hinsdale School Finishes Clearing Fibro, Mold
ASBESTOS UPDATE: Firefighters Battle Blaze at Rochdale Factory
ASBESTOS UPDATE: Minnesota Agency Fines Demolition Firm
ASBESTOS UPDATE: US Insulation Product Center of Costliest Scandal

ASBESTOS UPDATE: Action Remanded After Bankrupt Defendant Removed
ASBESTOS UPDATE: Former Turner Brothers Site Poses Health Risk
ASBESTOS UPDATE: Fibro-Hit Heanor Memorial Hospital To Be Replaced
ASBESTOS UPDATE: EPA Orders Company to Stop Removing Fibro
ASBESTOS UPDATE: Family Blames School for Fibro Fears

ASBESTOS UPDATE: Fibro Abatement Planned for Stuhr Museum
ASBESTOS UPDATE: Deadly Dust Continues to Plague Pakistan
ASBESTOS UPDATE: Binghamton Schools Spend $80K on Additional Probe
ASBESTOS UPDATE: Fibro Fears Halt Work on Eyesore Cullompton Site
ASBESTOS UPDATE: HK Solons Amend Air Pollution Control Ordinance

ASBESTOS UPDATE: Mum Asks Why Council Took Long to Rid Fibro
ASBESTOS UPDATE: Thorne Daughter Raises Awareness of Deadly Dust
ASBESTOS UPDATE: Beckenham High Street Facing Fibro Test
ASBESTOS UPDATE: Second Hand Fibro Exposure Verdict $27MM
ASBESTOS UPDATE: Washington County, Ore. OKs Abatement Work Deal

ASBESTOS UPDATE: Fibro Still Poses Serious Risk to Workers
ASBESTOS UPDATE: Health Program for Fibro Victims Expanded
ASBESTOS UPDATE: Demolition at Orpington Site Sparks Fibro Fears
ASBESTOS UPDATE: Fibro Dumping at Lisbane Landfill Probed
ASBESTOS UPDATE: Judges Should Look for Fibro Claims Fraud

ASBESTOS UPDATE: Couple Sues Avocet Enterprises et al.
ASBESTOS UPDATE: Civic HQ Closed After Fibro Discovery
ASBESTOS UPDATE: Plaintiffs Drop Military Claims
ASBESTOS UPDATE: NBN Monitors to be Retrenched
ASBESTOS UPDATE: Case Sheds Light on Murky World of Litigation

ASBESTOS UPDATE: Sealed Air Pays $930MM in Cash to Grace Trust
ASBESTOS UPDATE: Council OKs Fibro Removal at Lee Building
ASBESTOS UPDATE: Judge Awards Summary Judgment to 2 Shipbuilders
ASBESTOS UPDATE: Fibro to be Removed From Iroquois Admin Center
ASBESTOS UPDATE: Burnham Fire Sparks Fibro Fears

ASBESTOS UPDATE: Calif. Appeals Court Flips Ruling in "Kent" Suit
ASBESTOS UPDATE: Delaware Court Dismisses "Fluitt" Action
ASBESTOS UPDATE: Court Directs Widow to Reveal Claim Forms
ASBESTOS UPDATE: Summary Judgment Bid in Pa. Suit Partially Okayed
ASBESTOS UPDATE: Court Remands Fibro-Related Disability Suit

ASBESTOS UPDATE: Court Denies Violator's Plea to Vacate Sentence
ASBESTOS UPDATE: Court Rules on Summary Judgment Bids in "Filer"
ASBESTOS UPDATE: Huntington's Bid to Dismiss "Hilt" Suit Granted
ASBESTOS UPDATE: Court Narrows Claims in "Founds" Suit
ASBESTOS UPDATE: 6 Defendants Dropped From "Yates" Suit

ASBESTOS UPDATE: Crane Co.'s Bid to Dismiss "Brumley" Suit Denied


ALGO CENTRE: Class Action Over Mall Roof Collapse Certified
Kevin McSheffrey, writing for Elliot Lake Standard, reports that
the lawsuit that arose following the collapse of the Algo Centre
Mall on June 23, 2012, has been certified to proceed as a class
action by Ontario Superior Court Justice Edward Belobaba.

Roland Aube, co-counsel in the class action lawsuit in Elliot
Lake, says the certification is necessary in class action
lawsuits.  "In a regular lawsuit, a statement of claim is issued,
served and the process is started," says Mr. Aube.  But a class
action suit has this extra step.

"The court has to review the pleading and the information that the
plantiffs have, to decide whether or not it meets the criteria for
a class action, which obviously involves more than one person.

"Those are fairly elaborate."

He says there are five criteria, which include identifying the
representatives of the plaintiffs and making sure there is a
common cause of action.

"The judge looked at those very carefully and found there was
enough to get it started."

The case was launched in July 2012.  Two Elliot Lake business
operators who were tenants in the Algo Centre Mall at the time of
the collapse, John and Elaine Quinte have brought the action on
behalf of approximately 300 people and businesses that might have
suffered damages as a result.

The lawsuit names the Algo Centre Mall's current and former
owners, several professional engineers and construction
professionals as well as the governments of the City of Elliot
Lake and the Province of Ontario as defendants.

The hearing to decide whether the action would be certified as a
class action was heard on Nov. 12, 2013 at which time the court
reserved its ruling.

The partial roof collapse of the Algo Centre Mall resulted in the
deaths of Lucie Aylwin age, 37, and Doloris Perizzolo age 74.  It
also injured 23 others.

ANZ BANK: West Australian Farmers Mull Class Action
Sarah Taillier, writing for ABC News, reports that a group of
West Australian farmers say they are planning a class action
against the ANZ Bank, claiming it has engaged in "predatory" and
"unethical" practices.

In 2009, ANZ purchased Landmark's loan book, which contained rural

Some of those clients are involved in the class action claiming
revised loan conditions, imposed by ANZ, are too harsh.

The Rural Action Movement's, Greg Kenney, is one of about seven
farmers behind the action.  He said he hoped the case resulted in
a Parliamentary inquiry into banking practices.

A spokesman for ANZ said the bank had not engaged in any unethical
or predatory behavior.

APPLE INC: Judge Tosses Class Action Over Siri Advertisements
Julia Love, writing for The Recorder, reports that a federal judge
has tossed a class action filed by consumers who claim the
iPhone's personal assistant feature, Siri, did not live up to
Apple's promises.

In an order issued on Feb. 14, U.S. District Chief Judge Claudia
Wilken granted Apple's motion to dismiss the suit without leave to
amend.  Plaintiffs in In Re iPhone Consumer Litigation, 12-1127,
claimed that Apple's advertisements led them to believe that Siri
could consistently respond to questions and commands.  They were
sorely disappointed with the feature once they purchased their

But Judge Wilken sided with Apple's lawyer Gail Lees --
glees@gibsondunn.com -- of Gibson, Dunn & Crutcher that the suit
lacked specifics about how Apple's advertising deceived

"Apple would be hard-pressed to defend against an allegation that
the overall impact of these commercials and advertisements misled
plaintiffs," Judge Wilken wrote in a 21-page order.

The would-be class of iPhone 4s consumers was represented by
Robbins Geller Rudman & Dowd; Gardy & Notis; and Barnow and
Associates.  Judge Wilken rejected plaintiffs' request to file a
fourth amended complaint, noting that they had not heeded her
warnings about the shortcomings in their case.

For example, plaintiffs did not state in their amended complaint
how often they expected Siri to perform, despite Judge Wilken's

"Apple and the court are left to guess whether plaintiffs expected
Siri to operate without fail, or more often than not, or at any
other level below perfection," Judge Wilken wrote.

BACKWOODS STEAKHOUSE: Server Seeks Payment of Minimum & OT Wages
Kristin Weldon, on behalf of herself and those similarly situated
v. Backwoods Steakhouse, Inc., a Florida Profit Corporation,
Gaskins Family Diner, Inc., a Florida Profit Corporation, and John
W. Gaskins, Jr., Individually, Case No. 6:14-cv-00079-RBD-TBS
(M.D. Fla., January 17, 2014) asserts that the Plaintiff and
similarly situated "server" employees are entitled to unpaid
minimum and overtime wages from the Defendants.

Backwoods Steakhouse, Inc., and Gaskins Family Diner, Inc., are
Florida profit corporations with principal places of business in
Brevard County, Florida.  John W. Gaskins, Jr., owned and operated
Backwoods Steakhouse and Gaskins Family Diner.

The Plaintiff is represented by:

          Andrew Ross Frisch, Esq.
          MORGAN & MORGAN, PA
          600 N Pine Island Rd., Suite 400
          Plantation, FL 33324
          Telephone: (954) 318-0268
          Facsimile: (954) 333-3515
          E-mail: afrisch@forthepeople.com

CAPITAL INTELLECT: Registry Power Cleaner Is a Scam, Suit Claims
Jennifer Bilodeau, individually and on behalf of all others
similarly situated v. Capital Intellect, Inc., d/b/a Winferno
Software, a Delaware corporation, Case No. 1:14-cv-10129-MLW
(D. Mass., January 17, 2014) is based upon the Defendant's alleged
practice of defrauding consumers through the deceptive design and
sale of one of its software products, the Registry Power Cleaner.

Capital Intellect, Inc. is a Delaware corporation headquartered in
Boston, Massachusetts.  Capital Intellect is a developer of
computer software products, which the Company primarily markets
and sells under the brand name "Winferno Software."  Winferno
claims that it will improve the performance of personal computers.
The top-grossing Winferno product is Capital Intellect's so-called
PC optimization software called "Registry Power Cleaner."

Rather than actually performing any meaningful assessment of a
computer's condition, Capital Intellect programmed Registry Power
Cleaner to mischaracterize the severity of errors and problems
reported through the software's diagnostics scan, and to
arbitrarily report that the computer is at "High Risk," without
any real assessment, Ms. Bilodeau alleges.  She contends that this
programmatic design induces unsuspecting consumers into purchasing
the full version of the software to "fix" these errors, and to
convince users that the full version of Registry Power Cleaner
functions as advertised.

The Plaintiff is represented by:

          Erica C. Mirabella, Esq.
          132 Boylston Street, 5th Floor
          Boston, MA 02116
          Telephone: (617) 580-8270
          Facsimile: (617) 583-1905
          E-mail: emirabella@gnemlaw.com

               - and -

          Rafey S. Balabanian, Esq.
          Benjamin H. Richman, Esq.
          Courtney Booth, Esq.
          EDELSON PC
          350 North LaSalle, Suite 1300
          Chicago, IL 60654
          Telephone: (312) 589-6370
          Facsimile: (312) 589-6378
          E-mail: rbalabanian@edelson.com

CINCINNATI BENGALS: Cheerleader Files Wage Class Action
Connor Kiesel, writing for FOX Sports Ohio, reports that a
cheerleader has filed a Class Action Complaint against the
Cincinnati Bengals, claiming she is underpaid for the hours of
work she puts in for the team.

Alexa Brenneman, a member of the Ben-Gals from approximately
May 2013 through Jan. 2014, alleges she is compensated, at most,
$90 per home game at which the Ben-Gals cheer.

Ms. Brenneman says between mandatory practices, public
appearances, pregame time at the stadium and calendar
posing/promotions, she works more than 300 hours a year for the
Bengals' organization.  Yet, she claims her pay rate comes out to
less than $2.85 an hour, well under the 2013 Ohio minimum wage
rate of $7.85.

Ms. Brenneman notes the Seahawks organization in her complaint,
saying that their group of cheerleaders is paid "any hourly wage
and any applicable overtime required by law, for all hours
worked."  She also cites the Cavaliers' cheerleaders as being
compensated for more than just games.

Her accusation is that the Bengals are in violation of the Fair
Labor Standards Act and Ohio Minimum Fair Wage Standards Act.

The class action claim of the lawsuit includes, "All persons who
were employed by Defendant as a Cincinnati BenGal cheerleader at
any time from February 10, 2011 through the present."

COTY INC: Kaplan Fox Files Securities Class Action in New York
Kaplan Fox & Kilsheimer LLP on Feb. 13 disclosed that it has filed
a class action suit in the United States District Court for the
Southern District of New York against Coty Inc.

The complaint is brought on behalf of persons and/or entities who
purchased or otherwise acquired the common stock of Coty pursuant
and/or traceable to the Company's registration statement filed
with the U.S. Securities and Exchange Commission on Form S-1/A on
May 28, 2013, and prospectus filed with the SEC on Form 424(b)(4)
on June 13, 2013, in the Company's initial public offering of over
57 million shares of common stock at a price of $17.50 per share.

The complaint alleges that the defendants violated Sections 11,
12(a)(2) and 15 of the Securities Act of 1933 because the
Registration Statement contained untrue statements of material
facts or omitted to state material facts necessary to make the
statements made not misleading, and was not prepared in accordance
with the applicable SEC rules and regulations governing its

If you are a member of the proposed Class, you may move the court
no later than 60 days from February 13 to serve as a lead
plaintiff for the purported class.  You need not seek to become a
lead plaintiff in order to share in any possible recovery.

Plaintiff seeks to recover damages on behalf of the proposed Class
and is represented by Kaplan Fox & Kilsheimer LLP.  The firm, with
offices in New York, San Francisco, Los Angeles, Chicago and New
Jersey, has decades of experience in prosecuting investor class
actions and actions involving violations of the Federal securities

If you have any questions about this Notice, the action, your
rights, or your interests, please e-mail attorneys Jeff Campisi or
Larry King, or contact them by phone, regular mail, or fax:

Jeffrey P. Campisi, Esq.           Laurence D. King, Esq.
850 Third Avenue, 14(th) Floor     350 Sansome Street, Suite 400
New York, New York 10022           San Francisco, California 94104
Toll-Free: (800) 290-1952          Telephone: (415) 772-4700
Telephone: (212) 687-1980          Fax: (415) 772-4707
Fax: (212) 687-7714                E-mail: lking@kaplanfox.com
E-mail: jcampisi@kaplanfox.com
Web site: http://www.kaplanfox.com

CREDITORS INTERCHANGE: Court Tosses Bid to Dismiss FDCPA Suit
District Judge Ruben Castillo denied a motion to dismiss the case
captioned LISA WINIECKI, individually and on behalf of a class of
similarly situated persons, Plaintiff, v. CREDITORS INTERCHANGE
Defendants, NO. 13 C 3461, (N.D. Ill.).

Ms. Winiecki brought the putative class action against CIRM and
eCAST pursuant to the Fair Debt Collection Practices Act, 15
U.S.C. 51692 et seq.

The Court denied eCAST's motion to dismiss saying the Plaintiff
has sufficiently stated a claim for an FDCPA violation. In light
of this opinion, the parties are instructed to exhaust all
settlement possibilities.  The parties will appear for a status
hearing on March 18, 2014, at 9:45 a.m.

Moreover, the Plaintiffs' motion for class certification is denied
without prejudice until the Plaintiff files a new motion for class
certification following full class discovery, ruled Judge
Castillo. The parties are authorized to fully complete all class
discovery on or before May 30, 2014, if this case cannot be
settled, he added.

A copy of the District Court's January 27, 2014 Memorandum Opinion
and Order is available at http://is.gd/FMXrUxfrom Leagle.com.

CROWN STAR: Recalls Various Tillamook Country Smoker Jerky
Starting date:            February 17, 2014
Type of communication:    Recall
Alert sub-type:           Food Recall Warning
Subcategory:              Other
Hazard classification:    Class 2
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Crown Star Food Distributors Ltd.,
                          Wallace & Carey Ltd.
Distribution:             Alberta, British Columbia, Manitoba,
                          Ontario, Saskatchewan
Extent of the product
distribution:             Consumer

Crown Star Food Distributors Ltd. and Wallace & Carey Ltd., are
recalling various Tillamook Country Smoker brand beef jerky
products from the marketplace because they are believed to pose a
risk.  Consumers should not consume the recalled products

The recall was initiated by Tillamook Country Smoker, Bay City,
OR, USA.  The manufacturer used some of the beef products which
were recalled by Rancho Feeding Corporation, Petalama, California,
USA on Feb. 8, 2014 "because it processed diseased and unsound
animals and carried out these activities without the benefit or
full benefit of federal inspection".  Therefore, these products
are considered unsound, unwholesome or otherwise unfit for human

Check to see if you have recalled product in your home.  Recalled
product should be thrown out or returned to the store where it was

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

The recall was triggered by a recall in another country.  The
Canadian Food Inspection Agency (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 products
from the marketplace.

Affected products:

75 count Tillamook Country Smoker Teriyaki Beef Jerky with 12053
and 22053 codes on product; and

80 count Tillamook Country Smoker Loonies Beef Jerky with 11443,
21443, 11573 and 21573 codes on product

DELTA PETROLEUM: Shareholders Fails in Bid to Revive D&O Suit
District Judge Christine M. Arguello denied plaintiffs' motion for
leave to amend their consolidated complaint captioned PATIPAN
NAKKHUMPUN, Individually and on behalf of all others similarly
situated, Plaintiff, v. DANIEL J. TAYLOR, JOHN R. WALLACE, CARL E.
01038-CMA-CBS, NO. 12-CV-01521-CMA-CBS, (D. Col.).

This is a securities fraud class action in which a class of former
shareholders of Delta Petroleum Corporation alleges that some of
the Company's former officers and directors violated Securities
Exchange Act Section 10(b) and 20(a) and S.E.C. Rule 10b-5.  On
September 30, 2013, the Court granted Defendants' Motion to
Dismiss the entire complaint, concluding that Plaintiffs failed to
allege all elements required to state a claim under Rule 10b-5
with respect to each alleged instance of prohibited conduct.
However, the Court afforded Plaintiffs the opportunity to overcome
the pleading deficiencies via an amended complaint. Accordingly,
the Plaintiffs filed a Motion for Leave to Amend on October 28,
2013, along with their Proposed Amended Complaint (PAC).

According to Judge Arguello, in seeking leave to amend, the
Plaintiffs argued that the PAC would overcome two deficiencies
that doomed several of their claims in the initial Amended
Complaint (AC). First, with respect to Defendants' alleged
misstatements concerning the reason Delta's negotiations with Opon
ended, the Plaintiffs offer a new theory of loss causation.
Second, they seek to revive claims based on alleged misstatements
concerning improvements in Delta's liquidity and financial
condition by articulating a new reason that those statements were
false or misleading.

"The Court considered each of these proposed amendments in turn,
ultimately concluding that none of the claims Plaintiffs seek to
revive could survive a motion to dismiss," she said.

The Plaintiffs' motion to vacate or reconsider the final judgment
entered in this case is denied as moot, Judge Arguello added.

A copy of the District Court's January 29, 2014 Order is available
at http://is.gd/d7NRsQfrom Leagle.com.

DENTAQUEST USA: Removed "Firestone" Class Suit to W.D. Tennessee
The class action lawsuit styled Firestone Dental Group, et al. v.
DentaQuest USA Insurance Co., Case No. CH-13-1877-2, from the
Shelby County Chancery Court to the U.S. District Court for the
Western District of Tennessee (Memphis).  The District Court Clerk
assigned Case No. 2:14-cv-02041-JPM-cgc to the proceeding.

The Plaintiffs are represented by:

          James R. Newsom, III, Esq.
          William J. Wyatt, Esq.
          One Commerce Square, Suite 2700
          Memphis, TN 38103
          Telephone: (901) 525-1455
          Facsimile: (901) 526-4084
          E-mail: jnewsom@harrisshelton.com

               - and -

          Max Shelton, Esq.
          2700 One Commerce Sq.
          Memphis, TN 38103
          Telephone: (901) 525-1455
          E-mail: mshelton@harrisshelton.com

The Defendant is represented by:

          John S. Hicks, Esq.
          211 Commerce St., Suite 800
          Nashville, TN 37201
          Telephone: (615) 726-5600
          E-mail: jhicks@bakerdonelson.com

ELECTROLUX HOME: "Watters" Class Suit Transferred to New Jersey
The class action lawsuit captioned Watters v. Electrolux Home
Products, Inc., Case No. 2:13-cv-01759, was transferred from the
U.S. District Court for the Western District of Pennsylvania to
the U.S. District Court for the District of New Jersey (Camden).
The New Jersey District Court Clerk assigned Case No. 1:14-cv-
00349-NLH-AMD to the proceeding.

The Plaintiff is represented by:

          David Stephen Bahuriak, Esq.
          520 South 3rd Street
          Philadelphia, PA 19147
          Telephone: (215) 413-1150
          E-mail: bahuriaklawgroup@gmail.com

               - and -

          R. Bruce Carlson, Esq.
          PNC Park
          115 Federal Street, Suite 210
          Pittsburgh, PA 15212
          Telephone: (412) 322-9243
          Facsimile: (412) 231-0246
          E-mail: bcarlson@carlsonlynch.com

               - and -

          Edwin J. Kilpela, Jr., Esq.
          200 First Avenue, Suite 300
          Pittsburgh, PA 15222
          Telephone: (412) 261-2393
          Facsimile: (412) 261-2110
          E-mail: ekilpela@dscslaw.com

The Defendant is represented by:

          Jeffrey M. Garrod, Esq.
          101 Eisenhower Parkway
          Roseland, NJ 07068
          Telephone: (973) 622-6200
          E-mail: jmg@olss.com

               - and -

          Michael S. Nelson, Esq.
          K&L GATES LLP
          K&L Gates Center
          210 Sixth Avenue
          Pittsburgh, PA 15222
          Telephone: (412) 355-6500
          Facsimile: (412) 355-6501
          E-mail: michael.nelson@klgates.com

EUROPEAN FINE: Recalls Lajkonik Crackers Due to Undeclared Milk
Starting date:            February 14, 2014
Type of communication:    Recall
Alert sub-type:           Allergy Alert
Subcategory:              Allergen - Milk
Hazard classification:    Class 2
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           European Fine Foods
Distribution:             Ontario
Extent of the product
distribution:             Retail
CFIA reference number:    8605

Affected products: 140 g. Lajkonik Crackers with 5 900320 004236

FACEBOOK INC: Privacy Class Action Settlement Faces Opposition
Vindu Goelfeb, writing for The New York Times, reports that
despite a class-action settlement in August that was supposed to
ensure that Facebook users clearly consent to their comments,
images and "likes" being used in ads, it has been business as
usual on the service.

If you are among Facebook's 1.2 billion users, the company says,
you are automatically consenting to such social ads.  Opting out
is impossible for some ads, and for others, the control to stop
them is buried deep within the service's privacy settings.

But on Feb. 13, the nonprofit advocacy group Public Citizen will
try to step up the pressure on Facebook to change its practices.
In a legal brief to be filed with the Ninth Circuit Court of
Appeals in San Francisco, the group will contend that the
settlement violates the laws of seven states, including California
and New York, by failing to require Facebook to receive explicit
permission from parents before using the personal information of
teenage users in advertising.

"The default should be that a minor's image should not be used for
advertising unless the parent opts in.  Putting the burden on the
parent to opt the child out gets it exactly backward," said
Scott Michelman, a lawyer at Public Citizen, which has filed the
appeal on behalf of five parents and their children who use

In a rare reversal, one child advocacy group that initially
supported the $20 million settlement, the Campaign for a
Commercial-Free Childhood, has now concluded the deal offers
little protection to children and plans to ask the appeals court
to reject it.

A Facebook spokeswoman, Jodi Seth, defended the settlement in an
email on Feb. 12.

"The court-approved settlement provides substantial benefits to
everyone on Facebook, including teens and their parents, and goes
beyond what any other company has done to provide consumers
visibility into and control over their information in
advertising," she wrote.  "The same arguments on state law were
raised and rejected by the court last year, and a dozen respected
groups continue to support the settlement."

The settlement has yet to be put into effect as appeals by seven
different groups wind their way through court.

Under the settlement, Facebook agreed to create a system for users
aged 13 to 18 to indicate whether their parents were on Facebook
and give the parents control over the use of their children's
likes and comments in advertising.  If the parents were not using
Facebook, the company promised to opt their children out of social
advertising until age 18. (Children under age 13 are officially
not allowed to use Facebook.)

Susan Linn, director of the Campaign for a Commercial-Free
Childhood, said that she would prefer to see Facebook adopt a
policy similar to that of Google, which automatically opts out all
users under age 18 from social advertising. Cliff Craine

Ms. Seth said the company was still developing the system but it
was not yet complete.

In January, Facebook also announced it would discontinue the
specific type of ad that spurred the original lawsuit, although it
said it would sell other ads that showcased likes and comments.

Ms. Linn said that she would prefer to see Facebook adopt a policy
similar to that of Google, which automatically opts out all users
under age 18 from social advertising.

Public Citizen's legal challenge is narrowly focused on Facebook
users aged 13 to 18, where the arguments are strongest, but
Mr. Michelman said that the whole settlement, approved by a
federal judge in August, is problematic for adults, too.

"It does little to nothing for anyone's privacy," he said.

Public Citizen says that the settlement violates laws governing
children in California, Florida, New York, Oklahoma, Tennessee,
Virginia and Wisconsin.  The organization's challenge is supported
by two other child-focused groups, the Center for Digital
Democracy and the Children's Advocacy Institute.

The disputed settlement was supposed to end a class-action lawsuit
filed by plaintiffs' lawyers in March 2011 on behalf of individual
Facebook users.

After reviewing dozens of objections to the proposed deal from
various groups, Judge Richard G. Seeborg of United States District
Court rejected arguments that it violated state laws protecting
the privacy of children.

He approved the settlement in August.  Eligible Facebook users in
the United States were informed that they could receive $15 in
compensation if they filed the appropriate paperwork.

Jonathan E. Davis, a lawyer at the Arns Law Firm, led the class-
action case on behalf of users.

FRESENIUS MEDICAL: Hundreds of Dialysis Lawsuits Remain Pending
Cliff Rieders of Rieders, Travis, Humphrey, Harris Waters &
Waffenschmidt, reports that as the two-year anniversary approaches
for the NaturaLyte and GranuFlo recall issued by Fresenius Medical
Care in March 2012, an influx of product liability lawsuits are
likely to be filed on behalf of dialysis patients who suffered
sudden death or sudden cardiac arrest in the dialysis chair during

Hundreds of Fresenius dialysis lawsuits are already pending in
state and federal courts across the country, all involving similar
allegations that Fresenius failed to adequately warn about the
risks of heart problems from GranuFlo and NaturaLyte dialysis
solutions from bicarbonate overload.  The number of cases is
expected to increase dramatically between now and March 2014 as
the potential two year state statute of limitations may require
that many cases be filed before the end of March.  The statute of
limitations in a case is the deadline by which a claim may be
filed in court.  States have different time limits for different
types of claims.  Many states have a two year statute of
limitations that require an individual to file a claim for
personal injury within two years of discovering the injury or the
link between the product and the injury.

Although plaintiffs allege that Fresenius has known for years that
a higher-than-expected number of patients were suffering sudden
cardiac arrest or death during dialysis treatments, the first
information about the risk became available on March 29, 2012,
when the manufacturer sent a notice to its facilities using
GranuFlo and NaturaLyte about the importance of patient monitoring
of bicarbonate levels during treatment.  The Food & Drug
Administration (FDA) later classified this notice as a recall.

As a result of this first warning sent to clinics throughout the
U.S., Fresenius Medical Care may argue that claims involving
injuries that occurred prior to March 2012 in states with a two-
year statute of limitations need to be filed by the end of next
month.  Plaintiffs are expected to allege that this warning was
insufficient to trigger the statute of limitations from tolling.

In April 2013, a multi-district litigation (MDL) was established
by the U.S. Panel on Multidistrict Litigation (JPML) to coordinate
pretrial proceedings for all of the GranuFlo and NaturaLyte cases
filed in federal court.  All of these federally filed lawsuits are
now consolidated in U.S. District Court for the District of
Massachusetts before Judge Douglas Woodlock.  A number of cases
have also been filed against Fresenius involving similar
allegations in Massachusetts state court.

GENERAL MOTORS: Recalls 153,310 Cars Due to Ignition Switch Defect
Starting date:            February 10, 2014
Type of communication:    Recall
Subcategory:              Car
Notification type:        Safety Mfr
System:                   Airbag
Units affected:           153310
Source of recall:         Transport Canada
Identification number:    2014038
TC ID number:             2014038
Manufacturer recall
number:                   13454

On certain vehicles, a defect in the ignition switch could allow
the switch to move out of the "run" position if the key ring is
carrying added weight or the vehicle goes off-road or is subjected
to some other jarring event.  The timing of the key movement out
of the run position, relative to the activation of the sensing
algorithm of the crash event, may result in the airbags not
deploying, increasing the risk of injury.  Dealers will replace
the ignition switch.

Note: Until the correction is performed, non-essential items
should be removed from the key ring.

Affected products:

  Maker       Model      Model year(s) affected
  -----       -----      ----------------------
  PONTIAC     PURSUIT    2005, 2006
  CHEVROLET   COBALT    2005, 2006, 2007
  PONTIAC     G5        2007

                           *     *     *

Christopher Jensen, writing for The New York Times, reports that
General Motors is recalling about 619,000 small cars in the United
States because either a heavy key ring or a "jarring event" such
as running off the road could cause the ignition to shut off and
possibly prevent the air bags from deploying in a crash, the
automaker said in a report posted on the National Highway Traffic
Safety Administration's website.  The vehicles affected by the
recall are the 2007 Pontiac G5 and the 2005-7 Chevrolet Cobalt.

In addition to the vehicles being recalled in the United States,
another 153,000 in Canada and 6,100 in Mexico are being recalled.

In a separate news release, G.M. said it knew of six deaths in
five crashes in which the front air bags did not deploy.

"All of these crashes occurred off-road and at high speeds, where
the probability of serious or fatal injuries was high regardless
of air bag deployment.  In addition, failure to wear seat belts
and alcohol use were factors in some of these cases," the
statement said.

Alcohol was involved in two of the five crashes, resulting in
three of the deaths, Alan Adler, a spokesman for G.M., said in a
telephone interview.  The statement said G.M. was also aware of 17
other crashes "involving some type of frontal impact and nonfatal
injuries where the air bags did not deploy."

Mr. Adler said it was possible that hitting a deep pothole could
turn off the ignition, but that G.M. had received no such reports.
A figure for the weight of key rings causing the problems was not

The automaker told N.H.T.S.A. that the "ignition switch torque
performance may not meet General Motors' specification" on the
vehicles, which were assembled in Lordstown, Ohio.

In 2005 G. M. sent dealers a technical service bulletin about the
2005-6 Cobalt warning about a stalling problem related to heavy
key rings.  At that time, Mr. Adler explained, "In rare cases when
a combination of factors is present, a Chevrolet Cobalt driver can
cut power to the engine by inadvertently bumping the ignition key
to the accessory or off position while the car is running.
Service advisers are telling customers they can virtually
eliminate this possibility by taking several steps, including
removing nonessential material from their key rings."

Mr. Adler wrote in an email that "the 2005 service bulletin was
based on the facts as understood at the time.  Safety of our
consumers is paramount to G.M.; given our present understanding of
the 2005-7 Cobalt ignition switch torque capabilities, we have
announced a recall."

GIANT FOOD: Accused of Violating Disabilities Act in Pennsylvania
Debra L. Rozear, individually and on behalf of all others
similarly situated v. Giant Food Stores, LLC, Case No. 5:14-cv-
00294-JLS (E.D. Pa., January 17, 2014) alleges violations of The
Americans with Disabilities Act of 1990.

The Plaintiff is represented by:

          R. Bruce Carlson, Esq.
          115 Federal Plaza, Suite 210
          Pittsburgh, PA 15212
          Telephone: (412) 322-9243
          E-mail: bcarlson@carlsonlynch.com

GNC CORP: "Brown" Suit Transferred From California to Maryland
The class action lawsuit titled Brown v. GNC Corporation, Case No.
4:13-cv-05890, was transferred from the U.S. District Court for
the Northern District of California to the U.S. District Court for
the District of Maryland (Baltimore).  The Maryland District Court
Clerk assigned Case No. 1:14-cv-00033-JFM to the proceeding.

The lawsuit asserts personal injury claims related to Hydroxycut.

GOODLUCK BUSINESS: Class Seeks to Recover Unpaid Overtime Wages
Karol Auyon, on behalf of herself and all others similarly
situated v. Goodluck Business San Antonio, LLC, Case No. 5:14-cv-
00062-FB (W.D. Tex., January 17, 2014) seeks damages against the
Defendant for violations of the Fair Labor Standards Act.  The
lawsuit is brought on behalf of similarly situated employees to
recover unpaid overtime, statutory liquidated damages, and
reasonably attorneys' fees.

The Plaintiff is represented by:

          Lawrence G. Morales, Esq.
          115 E. Travis, Suite 1530
          San Antonio, TX 78205
          Telephone: (210) 225-0811
          Facsimile: (210) 225-0821
          E-mail: moralesl@sbcglobal.net

HEARTLAND: Recalls 3 Landmark Trailers Due to Incorrect Tire Info
Starting date:            February 7, 2014
Type of communication:    Recall
Subcategory:              Travel Trailer
Notification type:        Safety Mfr
System:                   Label
Units affected:           3
Source of recall:         Transport Canada
Identification number:    2014035
TC ID number:             2014035

On certain travel trailers, the certification label contains
incorrect tire and wheel size information.  Incorrect tire and/or
rim information may lead to use of unsuitable tires and/or wheels
and could affect vehicle stability, increasing the risk of a crash
causing personal injury and/or property damage.  Dealers will
install updated labels.

Affected products: 2014 Heartland Landmark

HIRERIGHT SOLUTIONS: Court Narrows Claims in "McNamara" Class Suit
District Judge James F. Holderman granted, in part, and denied, in
part, a motion to dismiss a two-count class action complaint
INC., Defendant, NO. 13 C 5215, (N.D. Ill.).

On July 22, 2013, Michael B. McNamara filed a two-count class
action complaint against defendant HireRight Solutions, Inc.
alleging violations of the Fair Credit Reporting Act (FCRA), 15
U.S.C. Section 1681 et seq. (2013).  On September 18, 2013,
HireRight filed a motion to dismiss both counts of McNamara's
complaint.  On November 7, 2013, the court granted McNamara's
motion for leave to file an amended complaint; McNamara filed his
pending two-count amended class action complaint; and HireRight
filed its motion to dismiss both counts.

The court ruled as follows: HireRight's "Motion to Dismiss Amended
Class Action Complaint" is granted as to Count I of plaintiff
McNamara's Amended Complaint, because Count I fails to allege a
violation of 15 U.S.C. 1681e(b), and denied as to Count II, which
does sufficiently allege a violation of 15 U.S.C. Section
1681i(a).  Count I is dismissed. Count II remains pending.
Defendant HireRight's answer to Count II was due on or before Feb.
11, 2014. Counsel for the parties were requested to meet and
confer pursuant to Rule 26(f). Counsel were also requested to file
jointly a Form 52 on or before Feb. 18, 2014. This case is set for
a report on a status and entry of a scheduling order on Feb. 25,
2014, at 9:00 a.m.  The parties were encouraged to discuss
settlement. The question of class certification remains under

A copy of the District Court's January 29, 2014 Memorandum Opinion
and Order is available at http://is.gd/tBSe1Hfrom Leagle.com.

JOHNSON & JOHNSON: Hunter Women Join Mesh Class Action
Kathleen Hyland, writing for ABC News, reports that a Newcastle
woman who has joined a class action against medical giant Johnson
& Johnson says there are many other victims suffering in silence.

Prominent consumer advocate Erin Brokovich is in Australia to
discuss the lawsuit, involving nearly 400 women, including 16 from
the Hunter.  The case centers on a surgical mesh used to treat
pelvic organ prolapse -- it was removed from the market by Johnson
& Johnson in 2012.

A law firm says nearly 20 women from the Newcastle region have
joined the class action against Johnson & Johnson, which has the
potential to become the biggest product lawsuit in Australia's

The lawyer overseeing the case, Rebecca Jancauskas, says there are
several alleged side effects.  "The complications that are
reported vary from incontinence, organ issues, erosion, chronic
pain, infection and the need to have the mesh removed," she said.

"These implants, even after removal, often cause long term

Ms. Jancausakas says similar legal action is underway in the
United States but in Australia its size may be unprecedented.

"We understand that in the private health system alone in excess
of 39,000 implants have been used in Australia," she said.

"So on the basis of those numbers this action has the potential to
be the biggest in this country's history -- in terms of product
class action."

JIM'S ANTIQUES: Ex-Salesman Seeks Unpaid Overtime Wages & Damages
Richard Peacock v. Jim's Antiques Ltd of N.J., Inc., a Florida
corporation, and James Alterman, individually, Case No. 9:14-cv-
80067-JIC (S.D. Fla., January 17, 2014) is brought for violations
under the Fair Labor Standards Act.  The Plaintiff seeks unpaid
overtime wages, liquidated damages or pre-judgment interest, post-
judgment interest, reasonable attorney's fee and costs from the

Jim's Antiques is a Florida corporation.  James Alterman is a
resident of Florida, who owned or operated Jim's Antiques, where
the Plaintiff was employed as an Inside Salesman.

The Plaintiff is represented by:

          Brian J. Militzok, Esq.
          MILITZOK & LEVY, P.A.
          The Yankee Clipper Law Center
          3230 Stirling Road, Suite 1
          Hollywood, FL 33021
          Telephone: (954) 727-8570
          Facsimile: (954) 241-6857
          E-mail: bjm@mllawfl.com

LEXINGTON FAYETTE: Roe Plaintiffs' Bid to Quash Attys. Lien Okayed
URBAN COUNTY GOV'T, ET AL., Defendants, CIVIL ACTION NO. 1998-431,
(E.D. Ky.) is before the District Court on the "Roe plaintiffs'"
motion to quash attorneys' lien and the "Doe plaintiffs'" motion
to hold settlement funds.  The District Court held a telephonic
hearing on these motions on January 23, 2014.  Charles Arnold,
Esq., Gayle Slaughter, Esq., and William Huffman, Esq.,
represented the Roe plaintiffs.  Sharon Morris, Esq., and Jim
Morris, Esq., represented the Doe plaintiffs.  Keith Moorman, Esq.
represented defendant LFUCG.

In a January 29, 2014 Memorandum Opinion and Order available at
http://is.gd/jZfMXKfrom Leagle.com, District Judge William O.
Bertelsman granted the Roe plaintiffs' motion to quash attorneys'
lien, and denied the Doe plaintiffs' motion to hold settlement

The case was filed on October 15, 1998, as a putative class
action. In January 2000, the four named plaintiffs reached a
settlement with defendants. Shortly thereafter, the Court approved
the settlement, but it did not give notice thereof to the members
of the putative class.  On March 3, 2000, Slaughter entered her
appearance on behalf of the remaining plaintiffs, then the single
group comprising the putative class. At that time, Slaughter
entered into contingency fee agreements with her clients.  Later
in 2000, Slaughter and Huffman solicited the involvement of
Lexington attorneys Sharon and James Morris.

Tensions had developed between Slaughter/Huffman and the Morrises
regarding their respective roles in the litigation.  On November
17, 2006, the Court held a status conference to address this
dispute, as well as other issues. As a result of discussions at
the conference, the Court directed that each set of attorneys --
the Morrises on one side and Slaughter/Huffman on the other --
consult with the individual plaintiffs and ask them to choose
which attorneys they wished to represent them, and that each side
would execute retainer agreements with their clients.   In its
Order following the hearing, the Court directed that one set of
plaintiffs would be denominated the "Does," represented by the
Morrises, and that Slaughter and Huffman's clients would be called
the "Roes."  Subsequently, counsel filed two separate amended
complaints on behalf of the plaintiffs they represented, and the
case moved forward.

In May and August 2009, the Court ruled that the majority of the
plaintiffs' claims were time-barred and that class certification
was not appropriate. In September 2009, the Court agreed to
certify these rulings to the Sixth Circuit, and on February 8,
2010, the Sixth Circuit granted the petition to hear the appeal.
This case remained stayed until May 2, 2012, when the Sixth
Circuit issued an opinion affirming this Court's rulings as to the
statute of limitations and class certification.

On March 27, 2013, the Morrises filed a Notice of Attorneys' Lien
against any prospective judgment recovered in favor of the Roe

Following completion of summary judgment briefing, this Court
granted the LFUCG's motions for summary judgment as to all claims
except the Section 1983 claims of two plaintiffs who alleged that
their abuse occurred while Ron Berry was employed by the LFUCG in
connection with a summer lunch program.

Following these rulings, significant mediation efforts by the
assigned United States Magistrate Judge resulted in settlements
with both Roe and Doe plaintiffs.  Finally, on November 21, 2013,
the Roe plaintiffs filed the motion to quash the Morrises'
attorneys' lien, arguing that the Morrises are not entitled to any
compensation from the Roes' settlements or separately from
Slaughter and Hoffman.

LNT ACQUISITION: Misrepresents Bamboo Textile Products, Suit Says
Dawn Wolf and Jacob J. Hutman, Individually and On Behalf of All
Others Similarly Situated v. LNT Acquisition, LLC d/b/a Linens 'n
Things, Case No. 2:14-cv-00407-FSH-JBC (D.N.J., January 19, 2014)
seeks to remedy the alleged unfair, deceptive, and unlawful
business practices of LNT with respect to the advertising,
marketing and sales of textile products not directly woven from
bamboo fibers yet described by the Defendant as "Bamboo."

The Company markets, sells, and distributes textile fiber products
online, including bedding, towels and sheets, using a marketing
and advertising campaign that is centered around the claim that
the Products are made of Bamboo, the Plaintiffs allege.

LNT is a Delaware company with principal offices located in
Northbrook, Illinois.  The Company deals in goods of the kind sold
to the Plaintiffs and the members of the Class.

The Plaintiffs are represented by:

          Aryeh L. Pomerantz, Esq.
          3 Whisper Lane
          Suffern, NY 10901
          Telephone: (845) 547-2600
          Facsimile: (845) 547-2601
          E-mail: aryeh@pom-law.com

               - and -

          James C. Shah, Esq.
          35 E. State Street
          Media, PA 19063
          Telephone: (610) 891-9880
          Facsimile: (610) 891-9883
          E-mail: jshah@sfmslaw.com

               - and -

          Mark Schlachet, Esq.
          3515 Severn Road
          Cleveland, OH 44118
          Telephone: (216) 896-0714
          Facsimile: (216) 514-6406
          E-mail: mschlachet@gmail.com

LOUISIANA: Workers' Suit Over Contaminants Get Class-Action Status
Joe Gyan Jr., writing for The Advocate, reports that a judge
granted class-action status to a lawsuit that claims contaminants
sickened current and former state workers when the Louisiana
Department of Revenue was housed for 20-plus years at the old
Sears building on Florida Boulevard.

Lewis Unglesby, an attorney for the five named plaintiffs, said on
Feb. 13 he hopes state District Judge Janice Clark's ruling will
encourage the state and Olshan-WS Associates -- which owned the
old Sears facility and leased it to the revenue department from
1979 until 2001 -- to enter into serious settlement talks with the

Nearly 300 current and former state employees have filled out
forms complaining of health problems allegedly associated with the
old Sears building, Mr. Unglesby said last year while Judge Clark
was conducting a class-action certification hearing.

"I think it (the class) will be higher than that (300).  Those are
the ones who came forward initially," he said on Feb. 13.  "You
would anticipate it would expand."

Several present and former employees testified at the hearing that
their exposure to contaminants resulted in respiratory problems,
asthma and allergy-like symptoms such as runny noses, itchy and
watery eyes, sneezing, coughing and headaches.

Attorneys for the state and Olshan-WS Associates objected to any
class-action certification, arguing at the hearing there is not a
commonality of causation for the alleged injuries.  Those
attorneys contend smoking, workplace and household dust, and other
things could have caused the injuries alleged by the plaintiffs.

Judge Clark issued her ruling on Feb. 12, saying class-action
certification was "well founded."

Attorneys for the state and Olshan-WS Associates could not be
reached for comment on the judge's decision and whether they will
appeal it.

METROPOLITAN LIFE: Faces ERISA Violations Suit in S.D. New York
Diane Iannone, Individually and on behalf of all others similarly
situated v. Metropolitan Life Insurance Company, Case No. 1:14-cv-
00341-AKH (S.D.N.Y., January 17, 2014) is brought pursuant to the
Employee Retirement Income Security Act of 1974.

The Plaintiff is represented by:

          David M. Hoffman, Esq.
          15 A New England Ave., P.O. Box 554
          Summit, NJ 07901
          Telephone: (908) 608-0333
          Facsimile: (908) 608-9050
          E-mail: dhoffman@david-hoffman-esq.com

MONTREAL MAINE: Transport Canada Included in Class Action
Allan Woods, writing for Toronto Star, reports that an expanded
class-action lawsuit seeking financial compensation for the deadly
train crash in Quebec last summer says the federal government was
"grossly negligent" for knowing about, but doing nothing to
improve, the poor safety record of the rail carrier.

The July 2013 derailment in Lac-Megantic, Que., killed 47 people
and destroyed a large swath of buildings, businesses and homes in
the downtown area.  It is believed that there were insufficient
handbrakes applied to the rail cars when it was left unattended on
the main track for a few hours between shift changes on the
evening of July 5, that the train and eventually rolled down a
slope and skipped the tracks in the heart of the town.

Police and Transportation Safety Board investigations are
continuing, but the lawsuit claims Transport Canada shares blame
for the accident because the federal rail authority was well aware
of Montreal, Maine & Atlantic's long history of safety violations,
including some that occurred at the same location.

"Transport Canada was intimately familiar with the dubious history
of MMA Canada, including its very poor safety record which
included multiple violations in respect of failing to apply brakes
on stationary trains and cars," reads the amended statement of

The rail carrier disputes the notion it had a poor safety record,
and the transport minister says the department has made changes to
improve rail safety enforcement.

The lawsuit, however, describes the company as being in "repeated
violation" of Canadian railway regulations concerning the
conditions in which trains should be left unattended.  The lawsuit
also cites federal records showing that MM&A has 129 accidents
going back to 2003 and the "poorest safety record of any railroad
in North America."

"Transport Canada was clearly deficient and grossly negligent in
its oversight role as it has failed to establish any effective or
sustainable oversight approach in the face of MMA Canada's open
non-compliance with its regulations," the lawsuit claims.  "As a
result, TC failed to provide a minimum level of assurance that MMA
Canada was operating safely."

The company has not filed a statement of defense, but MM&A
chairman Ed Burkhardt said in an interview on Feb. 13 that many of
the claims in the lawsuit are "sheer fantasy" -- chief among them
the allegations about the rail carrier's safety record.

"It's blatantly untrue . . . It's not the most unsafe railroad in
North America.  That's the figment of some lawyer's imagination.
The railroad had minor derailments, it had minor incidents like
every railway on the face of the Earth."

The lawsuit cites Transport Canada records that show incidents
where brakes were improperly applied to parked trains on at least
eight occasions between October 2004 and February 2012, and at
least one instance of a runaway train, the lawsuit claims.

"Despite being aware of these repeated violations in the time
leading up to the train derailment, (Transport Canada) wholly
failed to impose any sanctions whatsoever in relation to these
incidents," the lawsuit alleges.

On Feb. 13, Transport Canada said it takes rail safety seriously
but could not comment directly on the allegations in the lawsuit
because of the ongoing investigation.  It is not believed that the
department has filed a statement of defense in the case.

In the House of Commons, Transport Minister Lisa Raitt addressed
the company's safety record, saying that MM&A's non-compliance
prompted the government last year to introduce monetary penalties
for those companies that don't follow the rules.

"This is exactly why . . . we brought in the ability to administer
fines.  Before then, it simply did not exist," she said.

Mr. Burkhardt, however, disputed that there were chronic breaches
of regulations that cover the application of train handbrakes.

"There were occasional issues, and there are on every railway.
Sometimes Transport Canada would bring something to management's
attention where they had the facts wrong and it turned out that
the situation was not improper, so this is the normal type of
back-and-forth conversation that takes place between each and
every safety regulator, wherever you might be."

None of the lawsuit's claims about the causes or precipitating
factors behind the Lac-Megantic crash have yet been tested in
court.  The claimants argue that MM&A should have been prevented
from carrying highly flammable crude oil drawn from shale gas
reserves in North Dakota, particularly on "excepted track" that is
known to be damaged and more dangerous, and for which slow-speed
limits are imposed.

Among the findings that have so far been released, the
Transportation Safety Board has concluded the chemical composition
of the crude oil being carried on that train more closely
resembled gasoline, which is classified as a "Group 1."  The load
was incorrectly classified as a less volatile "Group 2" hazardous

The most recent TSB recommendations include requiring a higher
standard of tank car to transport flammable liquids.

NEIMAN MARCUS: Seeks Dismissal of Data Breach Class Action
Juan Carlos Rodriguez and Andrew Scurria, writing for Law360,
report that Neiman Marcus Group Ltd. LLC hit back on Feb. 12
against a proposed class action in New York alleging it failed to
properly safeguard customers' privacy in a recent data breach,
saying the complaint fails to allege that fraudulent charges are
attributable to the hack, or that they caused any real harm.

Plaintiff Melissa Frank alleges that she made purchases at a
Neiman Marcus store between Dec. 15, 2013, and Jan. 1, 2014, and
that subsequently her debit card received fraudulent charges.  But
the company said she does not allege that the data incursion
caused the fraudulent charges on her debit card, or that the card
issuer is seeking to hold her liable for the charges.

And, according to Neiman Marcus, the malware used to steal
customer information was active from July 16 to Oct. 30, so
Ms. Frank's alleged fraudulent charges can't be traced to the

The company said 1.1 million payment cards may have been exposed
in the attack, and that about 2,400 have incurred fraudulent
charges.  The company also said Ms. Frank cannot meet Article
III's redressability requirement because her complaint fails to
allege facts showing how her past injuries can be remedied by a
judgment in her favor.  It said that due to Ms. Franks' card
issuer's assurance of zero fraud liability, she does not need
money to pay any unauthorized charges, which are the only concrete
consequences of the fraudulent use of her payment card

The motion said Ms. Frank alleges some potential future
consequences from the data incursion, but fails to allege facts
that would show a "sufficiently imminent" threat of future injury
that would give her standing to assert her claims for injunctive
relief.  Neiman Marcus said that under the U.S. Supreme Court's
decision in Clapper v. Amnesty International USA, future injury
will confer standing only when that harm is "certainly impending."

And it said New York does not recognize a claim of invasion of
privacy outside the narrow confines of an unpled statute;
Ms. Frank does not and cannot allege that Neiman Marcus, rather
than unknown third parties, misappropriated and converted her
payment card information to its own use; and payment card
information is not property that can be the subject of bailment.

Neiman Marcus is represented by Steven M. Bierman --
sbierman@sidley.com -- and James D. Arden -- jarden@sidley.com --
of Sidley Austin LLP.

Melissa Frank is represented by Tina Wolfson, Robert Ahdoot --
RAhdoot@ahdootwolfson.com -- Theodore W. Maya --
tmaya@ahdootwolfson.com -- and Bradley K. King --
bking@ahdootwolfson.com -- of Ahdoot & Wolfson PC and Wendy R.
Stein of the Law Office of Wendy R. Stein.

The case is Frank v. The Neiman Marcus Group LLC et al., number
2:14-cv-00233, in the U.S. District Court for the Eastern District
of New York.

NEW YORK: Plaintiffs Seek Remand of Stop-and-Frisk Cases
Mark Hamblett, writing for New York Law Journal, reports that
plaintiffs in the New York City's stop-and-frisk cases have urged
the U.S. Court of Appeals for the Second Circuit to remand the
cases so settlement terms on reforming the police department can
be reached.

In papers filed on Feb. 14, attorneys in Floyd v. City of New
York, 13-3088 and Ligon v. City of New York, 13-3123, dispute the
claims of five police unions that want the cases to stay in the
Second Circuit.  The unions claim Judge Shira Scheindlin's
liability and remedial findings were wrong and damaged the
department's ability to police the city.

The unions are trying to win a reversal of Judge Scheindlin's
rulings, but the plaintiffs assert that the new administration at
City Hall should have the right to pursue a limited remand with an
eye on settling the cases.

"[T]he merits of the appeal are irrelevant to the city's right to
cease prosecuting this appeal if it wishes," said the plaintiffs'
attorneys, who include Darius Charney of the Center for
Constitutional Rights, Jonathan Moore -- jmoore@blhny.com -- of
Beldock Levine & Hoffman, and Christopher Dunn of the New York
Civil Liberties Union.

Corporation Counsel Zachary Carter also filed papers opposing the
police unions on Feb. 14.  He said allowing the unions to
intervene would "hinder" any settlement.  Mr. Carter argues the
unions "have not shown they have a legally protectable interest in
this action to establish their entitlement to intervention as of
right," and he insisted that the unions would have a say if the
case was remanded to district court.

On Oct. 31, a three-judge panel at the Second Circuit stayed
Judge Scheindlin's rulings in Floyd and Ligon and removed
Judge Scheindlin from the cases for creating the appearance of
impropriety.  The controversial decision came just as stop-and
frisk critic Bill de Blasio, was about to be elected mayor and
follow through on his vow to drop the appeal of Judge Scheindlin's
rulings that were being aggressively challenged by Mayor Michael
Bloomberg and Corporation Counsel Michael Cardozo. They
particularly fought Judge Scheindlin's appointment of a police
department monitor.

The police unions had sought to intervene in the cases in
September.  Following the Oct. 31 ruling by the motions panel,
Judge Scheindlin fought back, with lawyers arguing to intervene on
her behalf and claiming the panel's sua sponte removal was in

Burt Neuborne led a group of distinguished lawyers advocating for
Judge Scheindlin, calling Judges Jose Cabranes, Barrington Parker
and John Walker to task for removing the judge.  After being told
Judge Scheindlin had no standing to intervene, the team later
applied as amici and sought en banc review of the panel's rulings.

On Nov. 25, the full circuit ordered that the intervention motions
of the police unions would be held in abeyance, and it invited the
parties to seek a limited remand for the purposes of reaching a

On Jan. 30, Mayor de Blasio, Carter and new Police Commissioner
William Bratton announced a "voluntary agreement in principle"
with plaintiffs' lawyers to reform police stop-and-frisk practices
that Judge Scheindlin had found violated the Fourth Amendment's
requirement of reasonable suspicion and disproportionately
targeted blacks and Hispanics in violation of the Fourteenth

NISSAN MOTOR: Recalls 1,373 Trucks Due to Circuit Breaker Defect
Starting date:            February 12, 2014
Type of communication:    Recall
Subcategory:              Light Truck & Van
Notification type:        Safety Mfr
System:                   Electrical
Units affected:           1373
Source of recall:         Transport Canada
Identification number:    2014039
TC ID number:             2014039

On certain vehicles, a circuit breaker was installed incorrectly
during vehicle assembly, and could cause damage to the wiring
harness, potentially disabling power seat and sunroof functions,
discharging the battery and/or causing a short.  A short circuit
may cause an overheat condition which could result in property
damage and/or personal injury.  Dealers will inspect and affect
repairs as necessary.

Affected products: 2012, 2013, 2014 Nissan Frontier

NUTRO CO: Mars, Unit Sued Over Misleading Dog Food Product Labels
Charles Toutant, writing for New Jersey Law Journal, reports that
pet owners are suing Nutro, a subsidiary of Mars Inc., for
allegedly inducing them to buy its dog food products with false
statements about their promotion of growth of beneficial bacteria.

The putative class action suit, Monteleone v. The Nutro Co., in
federal court in Newark, claims violations of the New Jersey
Consumer Fraud Act and includes counts for equitable fraud and
negligent misrepresentation.  It was brought on behalf of buyers
of Nutro products from all states other than California, from
December 2007 to April 2011, a period during which sales of Nutro
dog food exceeded $10 million.

Mars, of McLean, Va., a conglomerate best known for M&M's candies,
is also named as a defendant in the suit.

According to the suit, Nutro's product labels -- until corrected
in late 2011 -- listed Bacillus licheniformis and Bacillus
subtilis as ingredients, which the company claims formed healthy
spores in a dog's digestive tract. The company discovered its dog
food does not form those spores once ingested, prompting it to
reformulate its products, but the volume of spores produced by the
revised product did not meet the volume claimed on product labels,
the suit says.

The allegedly misleading labels included a "guaranteed analysis"
with references to "millions of bacillus."  When the defendants
made those statements, they "had no reasonable grounds for
believing them to be true," the suit says.

"The failure of an advertiser to substantiate through documents,
records or any other written proof any claim regarding the safety,
performance, efficiency, quality or price of advertised
merchandise shall constitute a per se violation of the New Jersey
Consumer Fraud Act," the complaint says.

The plaintiffs seek actual damages in the amount paid for the
products, including sales tax, plus exemplary and punitive damages
and attorney fees and costs.

Filed in Essex County Superior Court, on Dec. 26, the case was
removed to federal court on diversity grounds on Feb. 10 because
class representative Damian Monteleone lives in New Jersey.

The plaintiffs are represented by Ronald Giller and Jeffrey
Spiegel of Gordon & Rees in Florham Park and John Donboli of Del
Mar Law Group in Del Mar, Calif.

PELLA CORP: Accused of Selling Defective Designer Series Windows
Randy Lewis, on behalf of himself and on behalf of all others
similarly situated v. Pella Corporation, an Iowa Corporation, Case
No. 4:14-cv-00089-SNLJ (E.D. Mo., January 17, 2014) asserts unfair
and deceptive trade practices in violation of the Missouri
Merchandising Practices Act, negligence, breach of express
warranty, breach of implied warranty of mechantability, fraudulent
concealment, unjust enrichment and seeks damages and declaratory
relief in connection with Pella Architect and Designer series
windows by Pella Corporation.

Pella Corporation is an Iowa Corporation that transacted and
conducted business in Missouri.  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:

          Eric D. Holland, Esq.
          R. Seth Crompton, Esq.
          300 North Tucker Boulevard, Suite 801
          St. Louis, MO 63101
          Telephone: (314) 241-8111
          Facsimile: (314) 241-5554
          E-mail: eholland@allfela.com

               - and -

          Christopher Ellis, Esq.
          202 South Franklin, 2nd Floor
          Decatur, IL 62523
          Telephone: (217) 429-4296
          Facsimile: (217) 329-0034
          E-mail: cellis@brelaw.com

PHILIP MORRIS: Media Outlets Seek Inclusion in Tobacco Settlement
Zoe Tillman, writing for Legal Times, reports that more than a
half-dozen television networks, newspaper industry associations
and advocacy groups have asked a federal judge in Washington to
expand the media outlets on which tobacco companies are required
to publish antismoking messages.

Under a settlement with the federal government, Philip Morris USA
Inc., Altria Group Inc., R.J. Reynolds Tobacco Co. and Lorillard
Tobacco Co. agreed to pay for messages on television, online, in
newspapers and on cigarette packages detailing the health risks of

On Jan. 10, lawyers for the government and the tobacco companies
asked the judge to approve their plan for carrying out the terms
of the settlement, which included requiring the companies to buy
time on their choice of the "three major television networks --
CBS, ABC or NBC" and space in several dozen newspapers across the
United States.

Reaction from excluded media outlets was swift.  On Jan. 17, the
National Newspaper Publishers Association and National Association
of Black Owned Broadcasters were the first to intervene and ask
U.S. District Judge Gladys Kessler to include their members in the

In the weeks that followed, Fox Broadcasting Co., the National
Association for the Advancement of Colored People, Viacom Inc. and
A&E Television Networks LLC filed similar requests with the court.
This week, Univision Communications Inc. and Radio One Inc. filed

Most of the media outlets seeking inclusion argue they would
better reach certain key demographics long targeted by the tobacco
companies, such as young people, African-Americans and Hispanic

"Television media also has changed dramatically in the forty-three
years since Defendants broadcast their deceptive messages on
television," Christopher Mead -- cmead@londonandmead.com -- of
London & Mead of Washington, a lawyer for A&E, wrote in a Feb. 6
filing. "The Proposed Consent Order does not reflect those

The National Newspaper Publishers Association, represented by
Washington's Leftwich & Ludaway, pointed out in its court filings
that some of the newspapers included on the original list no
longer exist.

Fox, represented by Fletcher, Heald & Hildreth in Arlington, Va.,
argued it deserved a place alongside CBS, ABC and NBC on the list
of "major television networks."

In court papers, lawyers for the tobacco companies said media
outlets hadn't filed objections in the seven years since Kessler
entered the original judgment in 2006 listing the networks and
newspapers that would carry the ads.

PORTFOLIO RECOVERY: Sued for Sending Illegal Collection Notices
Ilana Akoundi on behalf of herself, and all others similarly
situated v. Portfolio Recovery Associates, LLC, and John Does
1-25, Case No. 1:14-cv-00329-LAK-RLE (S.D.N.Y., January 17, 2014)
is brought on behalf of all consumers and their successors in
interest, who have received debt collection letters or notices
from the Defendant, which are in violation of the Fair Debt
Collection Practices Act.

Portfolio Recovery Associates, LLC is a foreign limited liability
company with its principal place of business located in Norfolk,
Virginia.  The Company uses mail, telephone, and facsimile and
regularly engages in business the principal purpose of which is to
attempt to collect debts alleged to be due another.  The Doe
Defendants are unknown to the Plaintiff at this time.

The Plaintiff is represented by:

          Joseph K. Jones, Esq.
          Benjamin J. Wolf, Esq.
          100 Park Avenue, 20th Floor
          New York, NY 10017
          Telephone: (646) 459-4971
          Facsimile: (646) 459-7973
          E-mail: jkj@legaljones.com

RANCHO FEEDING: Shuts Down Following Recall of Beef Products
Ricardo Lopez, writing for Los Angeles Times, reports that a
Northern California firm that recalled 8.7 million pounds of beef
products distributed in four states has been voluntarily closed,
the plant's quality control manager confirmed on Feb. 10.

Rancho Feeding Corp. of Petaluma on Feb. 8 recalled the beef
products sold to retailers and distributors.  The U.S. Department
of Agriculture's Food Safety and Inspection Service said the plant
"processed diseased and unsound animals" without a full federal

As a result, the agency said, the "products are . . . unsound,
unwholesome or otherwise are unfit for human food and must be
removed from commerce."

There have been no reported illnesses linked to the beef products
in question, the company and the USDA said.

The affected beef products include whole carcasses, beef heads,
30-pound boxes of beef oxtail and cheeks.  The company also
recalled 30- and 60-pound boxes of beef tongue, tripe and veal

In a statement, Scott Parks, the plant's quality control manager,
said the plant enacted the recall "out of an abundance of caution"
and that the company regrets the inconvenience to its customers.

Mr. Parks declined to answer questions about specific customers
the meat was sold to, and said Rancho Feeding Corp. is compiling a
full list.

The company last month issued a recall of nearly 42,000 pounds of
beef products because they did not have a full federal inspection.

REDNER'S MARKETS: Faces "Rozear" Class Suit in Pennsylvania
Debra L. Rozear, individually and on behalf of all others
similarly situated v. Redner's Markets, Inc., Case No. 5:14-cv-
00295-LFR (E.D. Pa., January 17, 2014) alleges violations of The
Americans with Disabilities Act of 1990.

The Plaintiff is represented by:

          R. Bruce Carlson, Esq.
          115 Federal Plaza, Suite 210
          Pittsburgh, PA 15212
          Telephone: (412) 322-9243
          E-mail: bcarlson@carlsonlynch.com

The Defendant is represented by:

          Randall C. Schauer, Esq.
          John J. Miravich, Esq.
          P.O. Box 673
          747 Constitution Dr., Suite 100
          Exton, PA 19341
          Telephone: (610) 458-4967
          Facsimile: (610) 988-0806
          E-mail: rschauer@foxrothschild.com

RJ REYNOLDS: Former Dancer May Sue Over COPD, 3rd Cir. Rules
Adolfo Pesquera, writing for Daily Business Review, reports that
an 87-year-old dancer forced to retire because of a smoking-
related illness got a chance at trial based in part on a
Valentine's Day diagnosis.

A Third District Court of Appeal panel split 2-to-1 and reversed
the dismissal of the lawsuit brought by Everett Belanger.  He sued
R.J. Reynolds Tobacco Co. for causing his chronic obstructive
pulmonary disease.

At issue was the four-year statute of limitations.  Miami-Dade
Circuit Judge Beatrice Butchko accepted Reynolds' argument that
Mr. Belanger knew he had a smoking-related disease Aug. 29, 1981,
when he decided to stop smoking cold turkey while fighting off a
terrible cold that had him coughing relentlessly.

In a deposition, Belanger recalled that day, saying, "I was
coughing my guts out, and I was reaching for a cigarette, that is
when I realized to myself, 'You sick son of a bitch, you are
reaching for something that is killing you.'"

Writing for the majority, Judge Kevin Emas said on Feb. 12 that
while Mr. Belanger was treated for respiratory illnesses in the
1980s, he was not referred to a pulmonologist or diagnosed with
COPD until 1993.

The starting date for smokers to benefit from findings of a
Florida Supreme Court decision disbanding a Miami class action is
May 5, 1990.

"The question is not whether in fact Mr. Belanger had COPD prior
to May of 1990 but rather whether he knew or reasonably should
have known prior to May of 1990 that he had COPD," Judge Emas
wrote.  Judge Richard Suarez concurred.

He cited Carter v. Brown & Williamson Tobacco, a 2000 Florida
Supreme Court case in which the defendant claimed Carter knew he
had a smoking-related illness on Jan. 29, 1991, the day he coughed
and spit up blood.  The defendant argued he had to file his
lawsuit by Jan. 29, 1995.  Carter went to a doctor and was told
Feb. 14, 1991, that he had lung cancer.  He filed his lawsuit
Feb. 10, 1995.

The Supreme Court said that in cases of "creeping" diseases, the
cause of action accrues when the health effects manifest
themselves in a way that supplies "some evidence of a causal
relationship to the manufactured product."

Judge Leslie Rothenberg issued a 14-page dissent in Mr. Belanger's
case, claiming the majority did not give proper weight to
extensive evidence that Mr. Belanger should have known he had a
smoking-related illness.

S-L DISTRIBUTION: "McPeak" Suit Plaintiff May Amend Complaint
JOSEPH A. McPEAK, individually and on behalf of all similarly
situated individuals, Plaintiff, v. S-L DISTRIBUTION COMPANY, INC.
Defendant, CIVIL NO. 12-348 (RBK/KMW), (D. N.J.) comes before the
Court upon the motion by Joseph A. McPeak for leave to file a
Second Amended Complaint.  The Plaintiff previously filed an
Amended Class Action Complaint, alleging that his distribution
agreement with S-L Distribution Company constituted a franchise
under the meaning of the New Jersey Franchise Practices Act
(NJFPA) and that S-L violated the statute when it unilaterally
terminated the agreement. The Court previously dismissed
Plaintiff's Amended Class Action Complaint without prejudice, and
he now seeks to cure the defects in his previous pleading.

Although the general basis for his claims are similar to those set
forth in his previous pleadings, the Court finds that it would not
be futile to amend the pleading. Accordingly, the Plaintiff's
motion will be granted, ruled District Judge Robert B. Kugler.

A copy of the District Court's January 29, 2014 Opinion is
available at http://is.gd/uu7nJjfrom Leagle.com.

SEARS ROEBUCK: OT Class Action Settlement Gets Preliminary Okay
Daniel Siegal, writing for Law360, reports that Sears Roebuck &
Co. on Feb. 13 won preliminary approval from a California federal
judge for a $3.2 million settlement of class action claims that it
shorted about 18,000 Golden State sales staff by excluding
commissions from their overtime rates.

U.S. District Judge George H. Wu granted preliminary approval to
the settlement proposed by plaintiff Sarah Chookey, which would
split $3.2 million among all commission-earning sales employees in
California who were paid insufficient overtime by the retailer
during the past four years.

According to Ms. Chookey's memorandum of support for the
settlement, the settlement is fair because it would give employees
more than they are owed for unpaid overtime on average, while
factoring in Sears' strong defenses against several of the suit's
claims, "At the conclusion of a successful trial, plaintiff may
only end up recovering the underlying damages associated with the
failure to pay proper overtime, not the associated statutory
damages and civil penalties for derivative wage-statement
violations," the memorandum said.

The proposed settlement would allow the 18,276 sales employees in
California to submit a claim for a piece of the roughly $2 million
of the settlement fund left after attorneys fees of 33 percent and
other expenses have been subtracted. The employees would be paid
proportionally, based on the number of weeks worked during the
settlement period.

Ms. Chookey, who since January 2011 has worked as a commissioned
sales employee in the automotive department of Sears' Thousand
Oaks, Calif., branch, sued her employer in February 2012 in
Ventura Superior Court, saying Sears failed to take her commission
payments into account when computing her overtime pay rate.

Ms. Chookey's complaint, in which she seeks certification for all
"C-class" Sears employees in the state who received a base pay
rate as well as commission for sales who worked overtime and
received deficient pay, also included claims that the company
violated labor laws by providing inaccurate wage statements and
failing to allow meal and rest breaks.

After having the case removed to federal court in March 2012,
Sears attempted to buck the overtime claim in May of that year,
arguing in a motion to dismiss that Ms. Chookey was miscalculating
her appropriate overtime rate at 2 1/2 times, and that the
overtime claim should therefore be tossed.

Judge Wu denied that motion, however, saying that Sears botched
the math in its motion.

On Jan. 16, Ms. Chookey submitted a motion for preliminary
approval of the settlement along with the memorandum in support,
which said the settlement was based on a mediator's proposal.

Sears subsequently submitted a statement of nonopposition to the
settlement that said although Sears, "disagrees with certain
characterizations" of Ms. Chookey's memorandum in support of the
settlement, the company fully agrees that final approval of the
settlement should be granted.

On Feb. 13, Sears spokesman Howard Riefs told Law360 that the
company denies liability in the lawsuit, but that the settlement
allows it to,"Put the matter behind us and focus on our members,
customers and associates."

On Feb. 13, Judge Wu issued preliminary approval, and asked the
parties to submit proposed schedules for a fairness hearing.

Ms. Chookey is represented by Alan Harris --
HarrisA@harrisandruble.com -- and Priya Mohan --
pmohan@harrisandruble.com -- of Harris & Ruble.

Sears is represented by Joseph C. Liburt -- jliburt@orrick.com --
and Christian N. Brown -- cbrown@orrick.com -- of Orrick
Herrington & Sutcliffe LLP.

The case is Sarah Chookey v. Sears Roebuck & Co., case number
2:12-cv-02491, in the U.S. District Court for the Central District
of California.

SIX FLAGS: Faces Suit of Defective Roller Coaster Train Car
Sandra Baker, writing for Fort Worth Star-Telegram, reports that
Six Flags Over Texas in Arlington is suing the German manufacturer
of the Texas Giant, alleging the roller coaster train car from
which a Dallas woman fell to her death last summer was defective
and dangerous.

Six Flags and its parent company made the allegations in a cross-
action filed on Feb. 14 in the case in state district court in
Tarrant County, Texas.  In September, the family of Rosa Esparza,
52, filed suit against Six Flags Over Texas, Six Flags
Entertainment Corp., Six Flags Theme Park Inc., Texas Flags Ltd.
and Gerstlauer Amusement Rides, the German company that made the

Six Flags and Gerstlauer have denied liability in the case.  In
previous court filings, Six Flags maintains it complied with
inspections and maintenance procedures recommended by Gerstlauer.

Six Flags was not specific in the latest filing as to how it
believes the roller coaster was defective.  Rather, Six Flags
again said it followed all the recommended operation and
maintenance procedures on the ride as spelled out by Gerstlauer,
even at the time of the July 19 accident.

Six Flags said it is joining Ms. Esparza's family to "allege that
(Gerstlauer's) roller coaster train was a defective product that
was unreasonably dangerous in design, manufacture, distribution
and promotion," the filing said.  Six Flags also alleges that
Gerstlauer, as seller of the train, is "liable to (Six Flags) for
strict products liability and negligence."

Kenneth Broughton, a Houston attorney representing Gerstlauer,
said the filing is a contract maneuver by Six Flags under its
purchase agreement with Gerstlauer, which carries an indemnity
provision.  Mr. Broughton said such a move is "pretty standard" in
such cases.

Gerstlauer has 20 days to respond to the filing and Mr. Broughton
said they will likely file a "mirror image" of a cross-action.

In the filing, Six Flags said it was "simply a conduit of
providing the ride for the public's use" and is seeking "full
indemnity" from Gerstlauer.  It did not specify the amount of
money it is seeking.  The family is seeking more than $1 million.

The Texas Giant was shut down the night of Ms. Esparza's fatal
fall.  The ride reopened in September after Six Flags said its
investigation found that no mechanical failure was involved.  Six
Flags has not released any further information from its
investigation conducted by the ride's manufacturer, internal
engineers and external experts.

Six Flags has since added redesigned restraint-bar pads from the
manufacturer, as well as new seat belts, and it began providing a
coaster seat at the ride's entrance so guests can test whether
they fit safely.

Six Flags reopens for the season March 1.  A statement from the
park Feb. 17 said the Texas Giant is safe to ride.

"We re-opened the ride last fall following the addition of
incremental and overlapping safety measures that included re-
designed restraint-bar pads from the manufacturer and new seat
belts," the statement said.

SPM RESORTS: Class Seeks to Recover Overtime Pay and Damages
Antoine Simon, on his own behalf and others similarly situated v.
SPM Resorts, Inc., d/b/a La Costa Beach Resort, a South Carolina
corporation, Case No. 0:14-cv-60121-JEM (S.D. Fla., January 17,
2014) is brought to recover from the Defendant overtime
compensation, liquidated damages, and costs and reasonable
attorney's fees under the provisions of the Fair Labor Standards

SPM Resorts, Inc., is a South Carolina corporation authorized to
do business in Florida, including its location in Pompano Beach,
Broward County, Florida.  The Company does business from multiple
locations in Florida, Massachusetts, North Carolina, South
Carolina, Virginia and Tennessee.

The Plaintiff is represented by:

          Camar Ricardo Jones, Esq.
          1515 South Federal Hwy., Suite 404
          Boca Raton, FL 33432
          Telephone: (561) 447-8888
          Facsimile: (561) 447-8831
          E-mail: cjones@shavitzlaw.com

STARWOOD HOTELS: Wins Dismissal of Price-Fixing Lawsuit
Joseph Ax, writing for Reuters, reports that a group of major U.S.
hotel chains and online travel companies on Feb. 18 won the
dismissal of an antitrust lawsuit accusing them of an industry-
wide conspiracy to fix the online prices of hotel rooms.

U.S. District Judge Jane Boyle in Dallas found that the lawsuit,
brought by consumers who claimed they paid inflated prices for
their rooms, failed to adequately show that such a conspiracy

Instead, she said, the agreements between each hotel chain and
each online operator could be explained by "rational business
interests" rather than anti-competitive behavior.

The hotel companies include Starwood Hotels and Resorts Worldwide
Inc, InterContinental Hotels Group Plc and Marriott International
Inc while the online agencies include Expedia Inc, Orbitz
Worldwide Inc and Priceline Com Inc.

An Orbitz spokeswoman said the company was pleased with the
decision, which she said was "well reasoned and accurately
interprets applicable law."

The lawsuit, which consolidated several complaints from various
states, claimed that each hotel chain signed a deal with each
online travel company to publish one lowest rate while also
tacitly agreeing not to compete with one another, thereby creating
"rate parity" and forcing consumers to pay artificially high

The companies countered that the individual agreements were simply
an attempt by each hotel chain to ensure that it could control the
online prices for its rooms.  In return, they said, the online
agencies got assurance that their competitors would not be able to
undercut them, an explanation that Judge Boyle accepted.

"Just because defendants' rational business interests can be
recast in a suspicious light does not mean the allegations
actually suggest a conspiracy was formed," Judge Boyle wrote.

Judge Boyle said she would permit the plaintiffs to file an
amended lawsuit if they could address the deficiencies she

The case is In re Online Travel Company Hotel Booking Antitrust
Litigation, U.S. District Court for the Northern District of
Texas, 12-cv-3515-B.

Cliff Rieders of Rieders, Travis, Humphrey, Harris Waters &
Waffenschmidt posted in Dangerous Drugs on Tuesday, February 18,

TOYOTA MOTOR: Recalls 25,557 Cars & SUVs Due to Crash Risk
Starting date:            February 12, 2014
Type of communication:    Recall
Subcategory:              Car, Light Truck & Van, SUV
Notification type:        Safety Mfr
System:                   Brakes
Units affected:           25557
Source of recall:         Transport Canada
Identification number:    2014043
TC ID number:             2014043
Manufacturer recall
number:                   SSC228, SSC229

On certain vehicles, a manufacturing defect could affect the
functioning of the electric brake actuator, illuminating various
warning lights in the instrument panel of the vehicle and
disabling the antilock braking system (ABS), traction control and
vehicle stability control systems.  This could increase the risk
of a crash causing injury and/or property damage.  Dealers will
update the vehicle stability control ECU software and affect
repairs as necessary.

Affected products:

  Maker      Model      Model year(s) affected
  -----      -----      ----------------------
  TOYOTA    TACOMA      2012, 2013
  TOYOTA    RAV4        2012
  LEXUS     RX 350      2012, 2013

TOYOTA MOTOR: Recalls 1,379 PRIUS Cars Due to Damaged IPM
Starting date:            February 12, 2014
Type of communication:    Recall
Subcategory:              Car
Notification type:        Safety Mfr
System:                   Powertrain
Units affected:           1379
1Source of recall:        Transport Canada
Identification number:    2014042
TC ID number:             2014042
Manufacturer recall
number:                   SSC230

On certain vehicles, the Intelligent Power Module (IPM), which is
part of the hybrid system inverter assembly, could become damaged
under certain driving conditions.  This could cause various
warning lights to illuminate in the instrument panel of the
vehicle and cause a reduction or loss of motive power, increasing
the risk of a crash causing injury and/or property damage.

Dealers will update motor/generator and hybrid control ECU
software and affect repairs as necessary.

Affected products: 2010, 2011, 2012, 2013, 2014 TOYOTA PRIUS model

VANDERPOL'S EGGS: Recalls Ova Easy Egg Products Due to Salmonella
Starting date:            February 17, 2014
Type of communication:    Recall
Alert sub-type:           Food Recall Warning
Subcategory:              Microbiological - Salmonella
Hazard classification:    Class 1
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Vanderpol's Eggs Ltd.
Distribution:             National
Extent of the product
distribution:             Retail
CFIA reference number:    8627

Vanderpol's Eggs Ltd. is recalling Ova Easy brand Tasty Nutritious
Egg dried egg product from the marketplace due to possible
Salmonella contamination.  Consumers should not consume the
recalled product described.

The product has been sold nationally.

Check to see if you have recalled product in your home.  Recalled
product should be thrown out or returned to the store where it was

Food contaminated with Salmonella may not look or smell spoiled
but can still make you sick.  Young children, pregnant women, the
elderly and people with weakened immune systems may contract
serious and sometimes deadly infections.  Healthy people may
experience short-term symptoms such as fever, headache, vomiting,
nausea, abdominal cramps and diarrhea. Long-term complications may
include severe arthritis.

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

The recall was triggered by a recall in another country.  The
Canadian Food Inspection Agency (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.

Affected products: 113 g. Ova Easy Tasty Nutritious Egg - Dried
Egg Product with 8 95218 00010 8 UPC

VIRGINIA: Sterilization Victims May Get Compensation
The Virginian-Pilot reports that there may yet be a chance for
Virginians involuntarily sterilized by the state decades ago to
receive some compensation for what was done to them.

Two weeks ago, a House budget-writing panel indicated it would
delay action for a year on legislation calling for $50,000
payments to people who were forcibly sterilized from 1924 to 1979
as part of the now-discredited eugenics movement, which sought to
improve the human gene pool by weeding out those regarded as

But the proposed House budget for 2014-16, unveiled Feb. 16,
includes a scaled-down version of that proposal calling for
$25,000 payments to sterilization victims up to a total of
$500,000.  That would allow payments for up to 20 people.

So far, 10 people have come forward with medical documentation
that they were sterilized under the program.

Del. John O'Bannon, R-Henrico County, chairman of the subcommittee
that considered the measure, called the budget proposal a "good-
faith effort" to deal with the legacy of a state policy that is
now widely seen as wrong-headed, even immoral.

"I feel like it's the right thing to do," he said.

Del. Bob Marshall, R-Prince William County, the sponsor of the
original proposal, said he appreciates the gesture, calling it "a
step in the right direction."  But he said he still believes
$50,000 is a more appropriate figure.

In any event, any level of compensation is still uncertain.  The
House budget proposal must be reconciled with its counterpart from
the state Senate, which does not include any money for the
sterilization victims.

VIRGINIA: Judge Strikes Down Ban on Same-Sex Marriage
Ian Simpson, writing for Reuters, reports that a federal judge
struck down Virginia's ban on same-sex marriage as
unconstitutional late on Feb. 13, saying it denied gay couples a
fundamental freedom to marry.

The ruling by U.S. District Court Judge Arenda Wright Allen in
Norfolk, Virginia, added momentum to growing acceptance of gay
marriage in the United States.

Judge Allen said Virginia's constitutional ban on same-sex
marriage violated the right to due process and equal protection of
the law under the U.S. Constitution.  However, she stayed
execution of her order striking down the ban pending an appeal to
the Fourth Circuit Court of Appeals.

"The Court is compelled to conclude that Virginia's Marriage Laws
unconstitutionally deny Virginia's gay and lesbian citizens the
fundamental freedom to choose to marry," Allen, a judge in the
U.S. District Court for the Eastern District of Virginia, wrote in
her 41-page opinion.

She ordered submission of a proposed final order by March 14.

The decision in Bostic v. Rainey, in which two gay couples sought
to strike down the Virginia ban, follows two high-profile rulings
by the U.S. Supreme Court last year.

The high court paved the way for gay marriage to resume in
California.  It also struck down the Defense of Marriage Act
(DOMA), a federal law that denied federal benefits to legally
married same-sex couples.

Federal judges have cited the DOMA ruling in finding gay marriage
bans unconstitutional in Utah and Oklahoma.

                         U.S. Principles

Seventeen states plus the District of Columbia recognize gay
marriage, including eight states where it became legal in 2013.

Thirty-three ban same-sex couples from marrying by constitutional
amendment, statute, or both.  In Indiana, a vote by state
residents on a constitutional amendment banning gay marriage was
delayed by at least two years on Feb. 13.

The American Foundation for Equal Rights, which brought the
Virginia case, said Judge Allen's ruling upheld core U.S.
principles of equality.

"Laws excluding gay men and lesbians from marriage violate
personal freedom, are an unnecessary government intrusion, and
cause serious harm.  That type of law cannot stand," lead co-
counsel Theodore Olson said in a statement.

Mr. Olson was part of the legal team that argued before the U.S.
high court for the resumption of same-sex marriage in California.

Also applauding the ruling, Virginia Attorney General Mark Herring
said in a statement that it "is the latest step in a journey
towards equality for all Virginians, no matter who they are or
whom they love."

Mr. Herring, a Democrat, said last month he would not defend the
state's ban on gay marriage in court.

In 2006, 57 percent of Virginians voted for the constitutional
amendment imposing the ban. But a poll released in October by
Virginia's Christopher Newport University showed that 56 percent
of likely voters opposed the ban, while 36 percent favored it --
reflecting the reversal in public opinion.

WOK N FIRE: Fails to Pay Minimum Wages, Ill. Suit Says
Rossiel Grandal and Pamela Msciwojewska, on behalf of themselves
and all other persons similarly situated, known and unknown v. Wok
N Fire South Barrington LLC, Wok N Fire Wheaton LLC, and Wok N
Fire Addison, Inc., Case No. 1:14-cv-00341 (N.D. Ill., January 17,
2014) arises under the Fair Labor Standards Act and the Illinois
Minimum Wage Law for the Defendants' alleged failure to pay the
Plaintiffs and other similarly-situated current and former tipped
employees their earned minimum wages.

Wok N Fire South Barrington LLC, operates a restaurant located in
South Barrington doing business as "Wok N Fire."  Wok N Fire
Wheaton LLC, operates a restaurant located in Wheaton is doing
business as "Wok N Fire."  Wok N Fire Addison, Inc., operates a
restaurant located in Addison doing business as "Wok N Fire."

The Plaintiffs are represented by:

          Douglas M. Werman, Esq.
          Maureen A. Salas, Esq.
          David E. Stevens, Esq.
          Sarah J. Arendt, Esq.
          WERMAN SALAS P.C.
          77 West Washington Street, Suite 1402
          Chicago, IL 60602
          Telephone: (312) 419-1008
          E-mail: dwerman@flsalaw.com

WHOLE FOODS: Faces "Gezahegne" Suit Over Employee Background Check
ESAYAS GEZAHEGNE, individually and on behalf of all others
similarly situated, Plaintiff, v. WHOLE FOODS MARKET CALIFORNIA,
INC., a California Corporation, and DOES 1 THROUGH 100 Defendants,
Case4:14-cv-00592-DMR (N.D. Cal., February 7, 2014), is an action
on behalf of the plaintiff, and as a nationwide class action on
behalf of all individuals who executed online authorization forms
permitting Defendant to obtain a consumer report as part of the
employment application process at any time from January 28, 2009
until the present, challenging the Defendant's uniform policy to
obtain consumer reports on the basis of legally invalid
authorization form that contained language constituting a waiver
of claims against those who obtain the consumer reports.
Specifically, the Defendant's use of authorization form containing
a liability waiver constitutes a willful violation of the Fair
Credit Reporting Act's requirement that the authorization forms be
set forth in a document that "consists solely of the disclosure",
and its inclusion in the Defendant's forms not only invalidates
the forms but also triggers statutory damages in the amount of up
to $1,000 for each individual for whom the Defendant obtained a
consumer report without a facially valid authorization, as well as
punitive damages, and attorneys' fees and costs, all of which is
sought now by Plaintiff and the members of the Class.

The Plaintiff resided in California, and is a former employee of
the Defendant.  In or around April 7, 2011, in connection with
Plaintiff's application for employment with the Defendant, the
Plaintiff executed an online FCRA authorization form that
purported to allow Defendant to obtain consumer reports on him.

Gezahegne is represented by:

     Craig J. Ackermann, Esq.
     1180 South Beverly Drive, Suite 610
     Los Angeles, CA 90035
     Telephone: (310) 277-0614
     Facsimile: (310) 277-0635
     E-mail: cja@ackermanntilajef.com

          - and -

     Michael Malk, Esq.
     1180 South Beverly Drive, Suite 610
     Los Angeles, CA 90035
     Telephone: (310) 203-0016
     Facsimile: (310) 499-5210
     E-mail: mm@malklawfirm.com

YAMAHA: Recalls 115 Motorcycles Due to Cracked Drive Chain Clip
Starting date:            February 7, 2014
Type of communication:    Recall
Subcategory:              Motorcycle
Notification type:        Safety Mfr
System:                   Powertrain
Units affected:           115
Source of recall:         Transport Canada
Identification number:    2014036
TC ID number:             2014036
Manufacturer recall
number:                   M14-005

On some motorcycles, the drive chain clip may deform and/or crack
during use.  This could result in an unexpected loss of motive
power, or rear wheel lockup.  Either situation could increase the
risk of a crash causing personal injury and/or property damage.
Dealers will inspect and, if necessary, replace the drive chain

Affected products:

  Maker       Model        Model year(s) affected
  -----       -----        ----------------------
  YAMAHA    YZ250FEL       2014
  YAMAHA    YZ250FEW       2014

ZICAM LLC: Falsely Represented "Pre-Cold Medicine," Suit Claims
Yesenia Melgar, on Behalf of Herself and all Others Similarly
Situated v. Zicam LLC and Matrixx Initiatives, Inc., Case No.
2:14-cv-00405-GW-VBK (C.D. Cal., January 17, 2014) accuses the
Defendants of falsely representing that the over-the-counter
homeopathic remedy Zicam, "The Pre-Cold Medicine," prevents,
shortens and reduces the severity of the symptoms of the common

The Pre-Cold Medicine includes Zicam Pre-Cold RapidMelts Original,
Zicam Pre-Cold RapidMelts Ultra, Zicam Pre-Cold Oral Mist, Zicam
Pre-Cold Ultra Crystals, Zicam Pre-Cold Lozenges, Zicam Pre-Cold
Lozenges Ultra, and Zicam Pre-Cold Chewables.

Zicam LLC is an Arizona Limited Liability Corporation
headquartered in Scottsdale, Arizona.  Zicam LLC is a wholly owned
subsidiary of Matrixx Initiatives, Inc.  Matrixx Initiatives, Inc.
is a privately held corporation organized under the laws of
Delaware with its principal place of business in Bridgewater, New
Jersey.  The Defendants are engaged in the business of
manufacturing, mass marketing, and distributing homeopathic
formulas, including the Pre-Cold Medicine, under the Zicam brand

The Plaintiff is represented by:

          L. Timothy Fisher, Esq.
          Sarah N. Westcot, Esq.
          Annick M. Persinger, Esq.
          Julia A. Luster, Esq.
          BURSOR & FISHER, P.A.
          1990 North California Blvd., Suite 940
          Walnut Creek, CA 94596
          Telephone: (925) 300-4455
          Facsimile: (925) 407-2700
          E-mail: ltfisher@bursor.com

* CJD Exposure Through Contaminated Equipment Spurs Lawsuits
Richard Craver, writing for Winston-Salem Journal, reports that
the risk of transmitting Creutzfeldt-Jakob disease to patients by
contaminated surgical equipment is considered extremely low by
federal health officials.

The rare but fatal degenerative brain disorder is caused by a rare
type of protein that can adhere to surgical equipment and
withstand standard sterilization.  However, the exposure risk from
such equipment may be higher than commonly known.

The 18 patients at Forsyth Medical Center potentially exposed to
CJD are involved in the latest of at least seven high-profile, and
eerily similar, incidents in the United States over the past 14

The largest incident, according to media reports, was about 4,000
patients at University of Pittsburgh Medical Center Presbyterian
potentially being exposed from April 2001 to April 2002.  The
hospital performed surgery on a patient in April 2001 to treat a
condition of the nervous system.  The hospital confirmed the
patient died in the first quarter of 2002 from the disease.

Forsyth informed the public of its CJD incident on Feb. 10.
Patients were exposed to surgical equipment used on a neurosurgery
patient operated on Jan. 18.  That patient was diagnosed with CJD
by Feb. 6.  The potential risk timeline was Jan. 18 to Feb. 6.

Jeff Lindsay, Forsyth's president, said "any exposure is simply

In October 2004, Emory University Hospital in Atlanta acknowledged
that at least 516 patients had been exposed to CJD after a brain
surgery patient tested positive for the disease in September 2004.
There were 98 brain or spinal surgery patients and 418 other non-
neurosurgical patients affected by the incident.

More recently, in September 2013 officials at Catholic Medical
Center in Manchester, N.H., said eight patients were exposed to
equipment used on a patient who was operated on in May.  The
patient later tested positive for sporadic CJD and died.  The N.H.
Department of Health and Human Services said another five patients
from Connecticut and Massachusetts were exposed.

Altogether, at least 4,719 patients were exposed in incidents that
also include hospitals in Denver (six), New Orleans (eight) and
Odgen, Utah (155).  Some exposure incidents were cited in a 2010
article in the New England Journal of Medicine on the ethics of
hospitals informing patients of "near risk" exposure to harmful or
deadly diseases.

If there is any silver lining for the Forsyth hospital patients,
it's that from the other six incidents there have been no known
cases of patients exposed to CJD by contaminated surgical
equipment being harmed by the disease.  According to a September
2013 article in Scientific American, published soon after the New
Hampshire incident, the magazine reported that none of the exposed
Pittsburgh patients have shown signs of CJD.

The CJD exposure at Forsyth has gotten the attention of state
health regulators and The Joint Commission, officials with those
groups said on Feb. 12.  The commission is an independent
nonprofit organization that accredits hospitals in the United

It remains unclear whether Forsyth and Novant will face state or
federal regulatory sanctions.

Kevin Howell, a spokesman for the N.C. Department of Health and
Human Services, said on Feb. 14 its division of Health Service
Regulation "takes the enforcement of state licensure rules and
federal CMS regulations very seriously."

"However, federal CMS policies prevent DHHS from disclosing any
potential investigation or potential enforcement action that may
be taken against any state licensed and Medicare certified

CMS officials have not responded to questions submitted Wednesday
about the Forsyth incident.

Similarities in exposure, response

In all seven incidents, patients were exposed because enhanced
sterilization measures were not used following the surgery on the
patient later determined to have CJD.

Abnormal forms of normal cellular proteins that cause sporadic
CJD, the most common version, are not eradicated by standard
sterilization process, according to the Centers for Disease
Control and Prevention.

The Joint Commission issued a sentinel warning in June 2001 about
CJD exposure from contaminated surgical equipment after the 2000
incidents in Denver and New Orleans.

The commission stressed "regular sterilization techniques are not
yet proven to be effective against the CJD organism."  The
commission recommended "the disinfection or disposal of
instruments used in neurosurgery in general and when CJD is
suspected or confirmed, and the quarantine of such surgical
instruments until an unclear diagnosis or biopsy is clarified."

Dr. Jim Lederer, a Novant Health Inc. infectious disease expert,
said Monday said there were "reasons to suspect" that the patient
had the disease or another brain disease at the time of the
surgery.  "The extra cautions should have been taken, but were
not," he said.

Hospital officials in each incident expressed remorse over the
failure to take the proper enhanced sterilization steps.  They
stressed the extremely low risk that any of the patients will
contract CJD through the variant version of CJD.

They committed to providing medical assistance to the exposed
patients, who may not know for years, if not decades, if they have
CJD because it has such a long incubation period.  They all
committed to using enhanced sterilization methods for any
equipment used in future neurosurgery.

Tell or not tell

The authors of the New England Journal of Medicine article
described CJD among "the most vexing large-scale adverse events
involving potential injuries that cannot be definitively diagnosed
and have no treatment."

The Winston-Salem Journal submitted on Feb. 12 a series of medical
and logistical questions to Forsyth and Novant.  It included
asking about the cost of replacing the contaminated surgical
equipment.  "Prevention of surgical transmission of CJD is
possible but cumbersome and costly," the authors said.

Hospital spokeswoman Jeanne Mayer said in an email on Feb. 13 that
"Our primary concerns right now are: ensuring that processes are
in place to provide the absolute safest care to our current and
future patients; and supporting the affected individuals and their

"In the meantime, we are conducting an extensive review of the
events that led to this process failure.  When we have completed
our review, we will be happy to provide more information with

The authors wrestled with the ethical responsibilities of
hospitals when faced with a CJD exposure risk.

"A duty to tell the truth might be outweighed by a duty of non-
malfeasance," the authors wrote.

"The fear and worry that could accompany disclosure may constitute
a greater and more permanent harm in the case of CJD than in other
large-scale adverse events without any corresponding benefit,
given the remote chance of transmission of this disease and the
lack of diagnostic and treatment options.

"Arguably a patient has the right to the information.  Should CJD
develop in the patient, the harm is intensified by the sense of
betrayal if the patient learns that providers have kept the risk
of the development of a terminal, incurable disease a secret."

The authors said disclosure to a potential affected but unaware
patient may prevent putting other patients at risk from
contaminated surgical equipment if they have subsequent
neurosurgery, and in part so that they can take advantage of
potential treatments if they are developed in future years.

"Although, on balance, we believe that disclosure is often
warranted, there is also greater ethical justification for
nondisclosure (for CJD) than in the other type of large-scale
adverse events," the authors said.

Legal ramifications

It may be too soon for the 18 patients to decide whether they will
sue Forsyth and Novant for being exposed to CJD.

Drew Brown, an attorney with Greensboro law firm Benson, Brown &
Faucher PLLC, said on Feb. 14 it has been retained by two
individuals who claim they are part of the 18 exposed patients.
The law firm has run newspaper ads soliciting patients.

"What we would advise them to do is wait at least a year so that
we could hire third-party medical experts to evaluate their case,"
Mr. Brown said.  "It would take that kind of time to determine
what kind of damages to pursue for their exposure risk and their
mental anguish."

Mr. Brown said part of the evaluation would be determining what
kind of damages can be sought for a disease that they may never
have, but would represents a death sentence if they do.  He said
any lawsuit would have to be filed within three years to avoid
statute of limitation restrictions.

"Liability does not appear to be a question given what Forsyth
officials already have said," Mr. Brown said.  "They now have to
back up what they have committed to for what may prove to be a
very long time."

The Emory incident

In the Emory exposure case, at least 17 patients sued the hospital
in the spring of 2006, about 18 months after the hospital
disclosed the incident.  The plaintiff accused the hospital system
of medical malpractice, breach of fiduciary duty, reckless
infliction of emotional distress and breach of informed consent.

Emory responded to the lawsuit by denying all of the allegations,
according to a March 2006 article on the AccessNorthGeorgia
website.  "There are no cases in the medical literature of CJD
having been transmitted following the routine measures of surgical
instrument sterilization that we employed," Emory spokesman Ron
Sauder said at that time.

At that time, Emory officials said they were aware of no CJD cases
among the 516 patients.

Wayne Grant, an Atlanta attorney who represented 17 of the Emory
patients, said in a phone interview on Feb. 12 that his clients
chose those specific claims because they believed the hospital did
not following the proper sterilization steps during the exposure

"Emory fought our lawsuit hard on all fronts," Mr. Grant said.
"They said the right words in their (2004) press conference, but
it was just spin and lip service."

Mr. Grant said his clients' ages ranged from their 20s to their
60s. Several of his clients "were deeply affected" by knowing they
had been exposed to CJD, some developing depression or paranoia.

"I'm sure the patients who have been exposed at the hospital in
your area are going through similar feelings," Mr. Grant said.

"You don't know if this horrible disease is incubating inside your
brain.  If you start having memory lapses, what comes to mind but
'Is this the beginning of the end for me.' "

After nearly five years of litigation and depositions, the
hospitals and the 17 patients reached a confidential settlement in

Mr. Grant said he could not disclose, for client privacy reasons,
what damages he sought.

"It is difficult to place monetary value because each person is
affected in their own way," he said.

"Emory agreed to the settlement after all the cards were put on
the table and all the legal claims had been evaluated.  They had
sent notices to the patients not to donate blood or their organs.
What does that tell you?

"There was no more hiding or denying facts,"

Janet Christenbury, Emory's media relations director, said
Thursday she was trying to get comment from Emory officials about
the settlement agreement.

Mr. Grant said he is not aware of any of his clients being
diagnosed with CJD, although two have since died, one from a heart

When asked if the settlement amount was able to satisfy the needs
of his clients, Mr. Grant said "they all wished the hospital could
erase what happened."

"There is no amount of money that they would have taken in advance
to accept being exposed to this terrible disease since they have
to live with the consequences the rest of their lives."

* U.S. Supreme Court Likely to Review Same-Sex Marriage in 2015
Marcia Coyle, writing for The National Law Journal, reports that
federal court decisions striking down same-sex marriage
restrictions have moved, or are about to move, into four federal
appellate courts, increasing the likelihood of U.S. Supreme Court
review in 2015 or soon thereafter.

A federal district judge in Virginia on Feb. 13 became the fifth
federal judge in the past two months either to invalidate a state
ban or to require certain recognition of legally married gay
couples in their states.

The Virginia case, Bostic v. Rainey, is expected to be appealed to
the U.S. Court of Appeals for the Fourth Circuit.  Other cases
pending, or about to be appealed, are in the Sixth, Ninth and
Tenth circuits.

"It has always been about getting to the Supreme Court," said
Evan Wolfson, president of Freedom to Marry.  "But given the
dynamics of the landscape -- 46 cases in 25 states and new ones
being filed every week -- we are potentially on a timeline that
would have us back in the Supreme Court in 2015 and possibly a
little longer.  We have to work as if we're on the urgency of the
2015 timeline and where we're in front of the Supreme Court a
little later."

The Supreme Court last June did not reach the seminal question of
whether states, consistent with equal protection of the law, could
define marriage as the union of a man and a woman.  That question
was posed in a challenge to California's same-sex marriage ban.
The justices, in a 5-4 ruling, held that the proponents of the ban
lacked standing to defend it.  The decision in Hollingsworth v.
Perry left in place a district court decision striking down the
ban as a violation of equal protection and due process.

In the Virginia case, U.S. District Judge Arenda Wright Allen
struck down a state constitutional amendment approved by voters in
2006 that bans same-sex marriage and prohibits recognition of
same-sex marriages performed in other states.

On Feb. 14, Theodore Olson -- tolson@gibsondunn.com -- of Gibson,
Dunn & Crutcher, counsel to the two same-sex couples in the Bostic
challenge, said he felt "confident the right outcome will prevail"
in the Fourth Circuit because of the reasoning in Wright Allen's
decision.  And even though state officials have refused to defend
the state amendment, Olson said, the ban would have a "full
throated" defense in the Fourth Circuit because clerks who issue
marriage licenses in the state have participated in the lawsuit
and the state attorney general continues to enforce the law.

Neither Mr. Olson nor his co-counsel, David Boies --
dboies@bsfllp.com -- of Boies, Schiller & Flexner, would predict
when or whether their case or others percolating in the lower
courts would be first at the Supreme Court.

Byron Babione, senior counsel with Alliance Defending Freedom,
counsel to the Prince William County clerk of court defending the
Virginia ban, said on Friday in a written statement, "Because the
court's ruling interferes with the right of Virginians to
determine the future of marriage in their state and raises serious
constitutional issues, we are reviewing the judge's decision with
our client and considering our next steps."

A second Virginia challenge to the state ban, Harris v. McDonald,
is a class action brought by the American Civil Liberties Union in
Harrisonburg.  Paul Smith of Jenner & Block, who is assisting in
that suit, was hopeful the judge would rule quickly "so the rest
of the people of Virginia" would enjoy the fundamental right to

                        Asbestos Litigation

ASBESTOS UPDATE: Porterville Hotel Fire Raises Fibro Concerns
Kelli Ballard, writing for The Porterville Recorder, reports that
concerns surrounding the amount of asbestos in the Porterville
Hotel were prominent before the fire that destroyed the historical
building on Dec. 26, 2013; however, the fire and demolition have
actually made the situation worse.

"There is a pretty significant amount [of asbestos] according to
the Hazmat report we had done before the demolition [was
scheduled]," said City Manager John Lollis.

Asbestos, known to cause cancers such as mesothelioma, was known
to be in the hotel in areas such as floor tiles, the kitchen area
and plaster.

"Asbestos is not a problem as long as it is confined," said
Mr. Lollis.

When the hotel caught on fire, the city had to scramble to find a
way to demolish it to protect residents, but also had to find a
company that could do so with the asbestos problem.

"Bowen [Engineering and Environmental] was there for a purpose --
remove the threat from the people.  We've eliminated the immediate
risk from the public," Mr. Lollis explained.  "The most
significant piece was having to deal with the unenforced masonry
that had plaster in them."

With the urgent demolition, the asbestos that was contained or in
solid form, became broken and scattered.  This form, called
"friable form" happens when the materials containing asbestos is
crumbled and the particles can be inhaled.  This is when it is

"By the time the building burned, it was spread out," said
Community Development Director Brad Dunlap.  "That's why it was
wetted down and encrusted."

Bowen, as part of the demolition process, wet down the scattered
debris to keep it in a solid form so the asbestos would be

If need be, the owners of the property, Porterville Hotel
Investors, will wet down the material to keep it from becoming

"We don't believe it's a health risk at this time, and we've taken
preventative steps," said Mr. Dunlap.

As to when the property will be cleaned up, the city is still in
the process of working with all parties involved.  So far, the
city has not yet reached a purchasing agreement with the property
owners; however, a draft working on the language with all the
parties given the new issues -- the fire -- is being worked on.

Once the new language is agreed upon and accepted, the city
will be able to continue negotiations to purchase the property
and begin clean up.

As for the asbestos concern, Mr. Lollis said, "Until we get a
contractor in there that deals with asbestos, the assumption is
that it is all asbestos contaminated."  In other words, better
safe than sorry.

ASBESTOS UPDATE: Widowed Claimant Can't Shield Claim Forms
Law360 reported that a Rhode Island judge ordered a widow blaming
asbestos-tainted products for her husband's death to turn over the
claim forms she filed with various asbestos bankruptcy trusts,
ruling that the documents were neither protected work product nor
shielded by confidentiality.

According to the report, Providence County Superior Court Judge
P.J. Gibney granted Crane Co.'s discovery request for claim forms
filed by plaintiff Rosie Sweredoski that the company says could
undercut allegations regarding her late husband's asbestos
exposure history.

ASBESTOS UPDATE: Deadly Dust Fills Kate Valley
Rachel Young, writing for The Press, reported that more than
32,000 tonnes of asbestos-contaminated waste has been buried deep
in North Canterbury, in New Zealand.

The asbestos-contaminated waste makes up about 1.5 per cent of the
2.32 million tonnes of waste disposed of at Kate Valley landfill
since it opened in 2005, with most of asbestos-contaminated waste
buried since the earthquakes.  Most of that waste is in the form
of soil, gravel or rubble that has, or may have been, exposed to
asbestos during the earthquakes or demolition.

If a building is identified as having a risk of asbestos then a
specialist contractor, on behalf of the demolition contractor,
takes the waste to Kate Valley in plastic lined and covered bins
-- it is usually also "wetted down" at the time of loading to
minimise airborne dust.  Upon arrival at the landfill, the waste
is tipped almost immediately into a trench then buried by an
excavator waiting on site.

The Health and Safety in Employment (Asbestos) Regulations 1998
state all asbestos waste is to be buried in a designated area
within a managed refuse disposal site, and covered with at least
one metre of earth.

Transpacific Industries Ltd landfill manager Rangi Lord said the
landfill was triple-lined to prevent anything contaminating the
surrounding soil, while asbestos-related waste was buried an
average of four metres deep in a specifically dug hole.

"It is also surveyed so we know where it is and not to go back
digging there in the future," he said. "We make no apologies for
being overly cautious."

Lord estimated 900 tonnes of asbestos-related waste was processed

Transwaste Canterbury chairman Gill Cox said as the demolition
started ramping up in central Christchurch the amount of asbestos-
related waste had increased significantly.  There was no harm to
the environment or people once it was buried as it was only
dangerous when the fibres were airborne.

"The biggest thing for us, absolutely, is health and safety," Cox

"That's the number one priority over everything."

Independent air quality monitoring is regularly done at the
landfill, specifically checking for airborne asbestos fibre. To
date, all tests have been clear.

Canterbury District Health Board medical officer of health
Alistair Humphrey said asbestos was not harmful once buried.

"I don't think it ever loses completely it's potential . . . if it
were to be dried out and dug out and cut again, then yes, it could
become dangerous again," he said.

Asbestos, a known carcinogen, can cause mesothelioma, a rare fatal
cancer of the lining of lungs or abdominal cavity, lung cancer,
asbestosis or scarring of lung tissue, and pleural plaques.

The register of asbestos-related illnesses between 1992 and 2012
had about 1300 cases, 99 per cent of which were due to prolonged
exposure to asbestos in the workplace, Humphrey said.

ASBESTOS UPDATE: Thai Health Secretary Backs Outlawing of Fibro
Bangkok Post reported that permanent secretary for Public Health
Narong Sahametapat has backed a push to outlaw the use of all
asbestos in Thailand.  His stance has been welcomed by civil
society groups which had been campaigning for an asbestos ban for
two years.

The Public Health Ministry, at the behest of Dr. Narong, came up
with the resolution to push forward a ban on chrysotile, the only
asbestos type that is yet to be banned in Thailand.

"We're satisfied with the resolution after two years of trying to
convince the ministry about the dangers of chrysotile," said T-Ban
network coordinator Somboon Sikamdokkae.  "We hope the ministry
will work with us to clarify how the resolution will be put into

The T-Ban has met with Dr. Narong's representatives -- Department
of Disease Control deputy director Varabhorn Bhumiswasdi,
preventive medicine expert Somkiat Siriruttanapruk, Bureau of
Occupational and Environment Diseases director Preecha Prempree --
to learn about the resolution.

T-Ban was told that Dr. Naron would be in charge of the ministry's
study committee on asbestos health impacts.

The committee, set up in 2010, was previously chaired by health
deputy permanent secretary Charnwit Tharathep.

Dr. Narong surprised participants by taking the chairman seat the
at a committee meeting.

In Dr. Charnwit's absence, the meeting ended with Dr. Narong's
agreement to undertake academic studies on the danges of asbestos.

The ministry will write a summarized report to propose to the
industry, commerce and foreign affairs ministries as well as the
Office of Consumer Protection Board to urge them to implement
measures that are in keeping with the resolution to ban

"The resolution was unexpected," said a source from the National
Health Commission Office who was at the meeting.

Asbestos is a known carcinogen that is used in construction
materials.  In 2010, the third National Health Assembly resolved
to push forward the ban of all types of asbestos in Thailand.
However, chrysotile continues to be used.

The World Health Organization suggests all types of asbestos are
harmful to health, leading more than 50 countries to announce a
total ban.

The NHA resolution led to the 2011 cabinet resolution to assign
the Public Health Ministry to set up an academic committee,
chaired by Dr. Charnwit, to study the impacts on health of

However, academics on the panel struggled for more than two years
to convince Dr. Charnwit.  Some of them gave up and resigned from
the committee, the source said.

Dr. Charnwit has insisted to the media that there was not enough
medical evidence in Thailand to support the view that asbestos
poses a health danger.  He has vehemently denied claims asbestos
companies had lobbied him.

T-Ban told the Bangkok Post that it sent a complaint letter to Dr.
Narong on Jan. 10 to ask him to look into the asbestos issue.

ASBESTOS UPDATE: Directors Given Suspended Sentences for Dumping
BBC News Northern Ireland reported that two company directors have
received suspended sentences for dumping tonnes of hazardous
asbestos waste at a former factory site in south Belfast, Ireland.

Appearing at Belfast Crown Court were Samuel James Shields, 77,
and Roy Millar Molyneaux, 61.  They pleaded guilty to a total of
14 charges of keeping, depositing and controlling unlawful waste
between August 2008 and October 2012.

Both men were sentenced to six months in prison suspended for two

The judge also imposed conditional charges against their two
companies on charges of keeping, depositing and controlling
unlawful waste.

A prosecution barrister told the court that the pair owned former
factory units at Maldon Street in the Village area off the
Donegall Road, and ordered them to be demolished.

Shields, of Culcavy Road, Hillsborough, County Down, was the
director of Belfast-based Brackhill Ltd, which owned three-quarter
of the units.

Molyneaux, of Andersons Hill, Newtownards, County Down, who was a
director of Ards-based firm Sloan Molyneaux Holdings Ltd, owned
the remainder of the site.

                     'Potentially harmful'

The lawyer told Judge Donna McColgan QC: "This site was not
secured and trespass from the neighbouring area occurred causing
further damage to the asbestos waste and spread of asbestos

"The condition of the site meant that contamination of persons and
vehicles trespassing on the site would have been potentially
harmful to human health from inhalation and ingestion of asbestos

The court heard that on 10 August, 2010, officers from the
Northern Ireland Environment Agency (NIEA) visited the site and
found a "significant quantity of asbestos-contaminated waste, a
large exposed pile of corrugated asbestos sheeting and further
asbestos debris scattered throughout the site."

The prosecution said NIEA twice wrote to Shields as director of
Brackhill Ltd advising him that it was an offence to store
contaminated waste on the site.

"On 18 October, 2010, officers from the environmental crime unit
(ECU) entered the unsecured Maldon Street site where they observed
a large pile of corrugated asbestos sheeting, bags containing
asbestos tiles, a derelict factory building and a significant
quantity of mixed demolition waste," the prosecution lawyer said.

"Samples taken from the sheeting and tile were later confirmed by
analysis to contain white asbestos."


Judge McColgan QC was told that on 13 January, 2011, NIEA officers
visited the site and observed demolition waste being burned and a
digger from John Lewis Contracts demolishing the derelict

The lawyer added: "On 9 February, 2011, officers from the Health
and Safety Executive visited the site and suspended work due to
the presence of asbestos materials which require a licence.

"In March 2011, Belfast City Council secured a court order under
the Public Health Act."

"Between April and September 2011, Belfast City Council undertook
to secure the site, carry out works on dangerous structures and
remove high-risk areas of asbestos-containing materials to
mitigate the risks to public health."

The prosecution lawyer said a survey for the council revealed that
around 510 sq metres of asbestos insulation board was found within
a dangerous structure on the site along with a further 350 sq
metres of badly-damaged asbestos curtain walling along the
perimeter of the site.

"Tests of the surrounding area, including a local primary school,
thankfully showed no asbestos contamination," the lawyer added.

As a result, he said, a total of 66 tonnes of asbestos material
was removed by specialist contractors at a cost of over GBP280,000
to the council.

The court heard that the council is currently pursuing Shields and
Molyneaux through the magistrates' court to recover the

It was also revealed in court that on 20 December, 2011, the NIEA
issued a second notice to Brackhill Ltd to remove the asbestos
sheeting by 31 January 2012 and asbestos-contaminated demolition
waste by 31 March.

"On 6 March, 2012, NIEA officers inspected the site and noted that
all waste previously observed remained," the court heard.

The judge was told that John Lewis Contracts pleaded guilty to
failing to deal properly with the situation and was given a six-
month sentence suspended for two years.

The prosecution lawyer added:"It is accepted that the culpability
of the present defendant cannot be greater than that of John Lewis
Contracts who actually carried out the work in the knowledge from
previous surveys that the site contained asbestos."

Defence barristers for Shields and Molyneaux asked the judge to
take their guilty pleas to all charges into consideration for

A lawyer for Molyneaux said he had at one stage run a successful
clothing factory on the site employing 80 people.

However, he said that the company was forced to close when cheaper
clothing was being produced in the Far East.

"He was left with a building which was derelict. There was nothing
wrong with the building until the demolition work started.

"He didn't have all due diligence as his wife was very ill at the
time. He should have taken more care but he didn't," added his

ASBESTOS UPDATE: Guilty Plea Entered for Landlord in Fibro Case
Rick Kornak, writing for Mesothelioma.com, reported that John
Mills, a landlord, and his employee, Terrance Allen, both of
Malone, New York, pled guilty in federal court for violating the
Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) in January, 2012. The two men were indicted in March,
2012, for illegally removing and disposing of more than 260' of
asbestos-containing pipe wrap from two locations, both of which
are owned by Mills. Allen was employed as a maintenance

The asbestos was friable, meaning it could easily become airborne
with a minimal amount of pressure. Mills and Allen failed to warn
subordinates about the hazardous material they were handling, nor
did the defendants provide protective equipment for the employees
they directed to remove almost twenty bags' worth of the
contaminated pipe wrap.

According to the indictment, Mills falsely told a New York State
Department of Labor inspector that he was following required
procedure for asbestos abatement, which includes wetting the
friable asbestos to help prevent it from crumbling. Additional
court documents revealed that Mills attempted to hide the bags of
pipe wrap from Environmental Protection Agency agents. As a
result, the indictment included charges for making false
statements to law enforcement officers. Mills was also charged
with retaliating against a witness, due to the fact that he fired
the employee who blew the whistle on the unlawful activity.

Mills and Allen will be back in court on May 12 for sentencing,
which can result in up to five years in prison and a $250,000

Asbestos fibers are extremely dangerous, and inhaling them is the
primary cause of mesothelioma, a type of lung cancer that is
almost always fatal. Prior to its ban in the 1970s, asbestos was
used in a wide range of industries, including construction.
Asbestos continues to be discovered in basements and attics of
many old structures, which is why such stringent laws regarding
its safe removal and disposal exist.

ASBESTOS UPDATE: Hinsdale School Finishes Clearing Fibro, Mold
ABC Local reported that the final cleaning at Hinsdale Middle
School, Illinois, to remove mold and asbestos, means that students
could be back in the building as soon as possible.

Hinsdale students would have to stop attending Clarendon Hills for
classes as workers try to clean up mold and asbestos in time for
them to reopen the middle school.

Experts will take samples for any signs of mold before students
are allowed back into the building.

The mold was found earlier in January and was traced to a leaking

The superintendent has been providing daily updates to parents and
the district says it's confident the school will re-open to
students as soon as possible.

ASBESTOS UPDATE: Firefighters Battle Blaze at Rochdale Factory
Pete Bainbridge, writing for Manchester Evening News, reported
that fire crews from across the region have battled to control a
blaze at a derelict asbestos factory.

Around 35 firefighters tackled flames which gutted the former
Turner Industrial Products site in Rochdale, in England.

Emergency teams were first called to the building, on Rooley Moor
Road, at 11.10pm on the night of Jan. 30.

Six engines and a specialist aerial unit from stations in
Rochdale, Oldham, Littleborough, Chadderton and Heywood were
deployed as the fire took hold.

Group Manager Tony Holt, who is in charge of the incident, said he
had the fire under control and added: "Our specialist
environmental protection officers are working with the Environment
Agency and other partners to keep the environmental impact of this
fire to a minimum."As a precaution we are asking everyone who
lives nearby to keep their doors and windows closed, while we
tackle this fire."

The blaze is the second in a year at the factory. In February,
2013, six crews of around 50 firefighters after flames took hold
of the building.

ASBESTOS UPDATE: Minnesota Agency Fines Demolition Firm
Construction & Demolition Recycling reported that the Minnesota
Pollution Control Agency has fined Ramsey Excavating, a
Minneapolis-based demolition firm, for improper procedures to
remove and contain asbestos-containing materials during the
demolition of a commercial building in Minneapolis in 2013.

During the site of the demolition project, MPCA staff say they
observed and documented visible emissions being generated by the
demolition of one part of the property. Prior to demolition, the
contractor had notified the MPCA that regulated asbestos-
containing materials such as pipe and boiler insulation were
present on that part of the property.

During the visit, MPCA staff say they observed dust leaving the
site boundary and blowing into the adjoining street and nearby
businesses. The contractor was spraying water on to the debris
with a single fire hose, but it was inadequate in preventing dust
from becoming airborne and leaving the site, according to MPCA.

MPCA staff also documented during the site visit that a debris
pile that included asbestos-containing materials was not being
processed for disposal in a timely manner as required.

In addition to paying a $10,000 penalty, Ramsey Excavating agreed
to use proper containment practices to prevent release of
particulate matter and to manage asbestos-containing materials and
debris in a timely manner on future demolition jobs.

ASBESTOS UPDATE: US Insulation Product Center of Costliest Scandal
David Ellery, writing for The Canberra Times, reported that
thousands of Australians are believed to have been exposed to an
American insulation product at the centre of the world's costliest
asbestos scandal.

Zonolite, an American-mined vermiculite tainted with a deadly form
of asbestos known as tremolite and linked to hundreds of deaths in
the United States, was sold in Australia for more than 50 years.
Monaro Mall, 1973.

An estimated 824 cubic metres of the product was painstakingly
scraped from the underside of the roof of the Canberra Centre in
1988.  It was also used in home insulation and as a fire-resistant
coating on major building projects.

Experts had identified the presence of asbestos in the vermiculite
anti-condensation coating during the renovation and expansion
program that rebranded the former Monaro Mall.  Regular testing
over the past 25 years has found no further evidence of
contamination at the site.

While the Canberra Centre material was disposed of in strict
accordance with anti-asbestos laws that had come into effect four
years earlier, the inspector, John Robson, did not make the
connection with Zonolite at the time.

It continued to be mined and processed at Libby, Montana, until
1990. Asbestos activists now refer to the mountain community of
12,000, where hundreds of people have died from asbestosis,
mesothelioma and malignant lung tumours and thousands more are
critically ill, as "the American Chernobyl".

W.R. Grace, the owner of Libby's Zonolite mine since 1963, is one
of the companies whose activities partly inspired the 1998 John
Travolta film, A Civil Action. This was the story of an allegedly
cancer-causing water contamination in Massachusetts in the 1980s.
Grace is about to sign off on two trust funds totalling more than
$US4 billion ($4.6 billion) to cover future Zonolite-related
compensation claims. This is more than twice the amount James
Hardie has set aside for victims of its asbestos contamination.

The company has apparently taken no steps to make Australians
aware of possible ill-effects from its products and has yet to
provide details, despite repeated requests, for information on
this, the amount of Zonolite shipped to Australia since the 1920s
and where it was processed.

Grace says it is impossible for locals to take action against it
through Australian courts even though the business has major
operations in almost every state.

"The US court-issued injunctions (which are effective worldwide)
require all claims based on asbestos exposure from Grace products
or operations to be submitted to one of the trusts," Rich
Badmington, vice-president, global communications, said.

W.R. Grace was under Chapter 11 bankruptcy protection, the same
legal shield invoked by the US car makers at the height of the
global financial crisis, since 2001.  It emerged from bankruptcy
protection following the settlement of the final appeal to its
multibillion-dollar reorganization plan. The company's share price
rose from $75 in April 2013 to more than $95 just before

John Robson, meanwhile, explains why Zonolite could not be
identified as the asbestos culprit at the Canberra Centre a
quarter of a century ago.

"As the products [used in coatings such as the one at the Canberra
Centre] are generally not branded and were removed in 1988, the
specific manufacturer is not identifiable," Mr Robson, now the
manager of Robson Environmental, says.

"We were aware the vermiculite [sprayed under the roofing sheets
of what had until then been known as the Monaro Mall] contained

Fairfax Media was only able to make the connection because of a
full page advertisement extolling Zonolite's virtues in The
Canberra Times on March 4, 1963. It was part of an advertising
feature marking the opening of the Monaro Mall.

An accompanying article features a picture of a worker, apparently
wearing no protective mask or clothing, applying the coating in
the roof cavity using a long handled spray boom.

Brian McLeod, an occupational health and safety expert who has
worked with Unions ACT, said he is aware of former Monaro Mall
construction workers who later died of asbestos-related illnesses.
"There were at least two or three," Mr McLeod said.

It was the first time Zonolite's "Spra-Insulation" had been used
in Australia and the distributors, Neuchatel Asphalte, were keen
to drum up more business.

The year 1963 was not the first time tremolite-contaminated
Zonolite products had been marketed in Canberra or elsewhere in
Australia. They had been available for decades.

A Zonolite-derived loose fill insulation, branded as UniFil, was
sold as a "do-it-yourself product" here and elsewhere from the

Canberra's notorious "Mr Fluffy", Dirk Jansen of Kingston, may
also have used a Zonolite product as loose fill insulation in the
1960s and 1970s. He almost certainly supplied and applied Zonolite
as part of his vermiculite-coating sideline over the same period.

While vermiculite on its own is a safe substance, the Libby
product -- which is contaminated with tremolite -- is not.  Libby
supplied an estimated 80 per cent of the world's tremolite needs
in the 20th century.

It must be stressed that while the Canberra Centre is the
inadvertent canary that has drawn attention to the ticking
tremolite time bomb, there is no reason to believe any risk to the
public remains following 1988's clean-up.

"There is no accessible Zonolite within the roof cavity . . . and
a small amount of inaccessible Zonolite remains safely sealed and
encapsulated in steel within a restricted, access-controlled plant
room in line with strict legislative regulations," Canberra Centre
senior centre manager Karen Noad said.

"Any death or illness relating to former work practices is deeply
regrettable and our compassion and sincere sympathies go to the
families of the workers."

ASBESTOS UPDATE: Action Remanded After Bankrupt Defendant Removed
HarrisMartin Publishing reported that a West Virginia federal
court has remanded an asbestos action, after the plaintiffs opted
to voluntarily dismiss a defendant who recently filed for Chapter
11 bankruptcy.

In the Jan. 28 order, the U.S. District Court for the Western
District of West Virginia noted that none of the other defendants
opposed the plaintiffs' motion to remand the proceedings, which
have been ongoing in state court for three years.

John Edward and Gloria Davis asserted the claims, contending that
John Davis was injured after years of asbestos exposure.

ASBESTOS UPDATE: Former Turner Brothers Site Poses Health Risk
Rochdale Online reported that the fire at the former Turner
Brothers Asbestos site, in Rochdale, England, has brought concerns
regarding site security, and the potential for serious risk to
health, to the fore once more.

Jason Addy of the Save Spodden Valley campaign says the TBA
Working Party has been repeatedly raising these issues, together
with local people and the SSV campaign.

Ten years on, he says "local people have had the patience of Job".

The site was once the largest asbestos factory in the world and is
acknowledged to be contaminated with asbestos.  The risk to health
from asbestos has been well documented for decades; inhaling
airborne asbestos fibres can lead to mesothelioma, an asbestos
related cancer with a gestation period of anything between 10 and
50 years.

SSV has fought relentlessly to stop development of the site
without extensive remediation work first being carried out to make
the site safe for future generations.  SSV spokesman Jason Addy
has raised the issue of security many times, he says it has been
suggested that "nothing can be done".

In an email, prior to the fire, to the Community Safety Unit at
Rochdale Council Mr Addy says he was told that officers have been
advised not to enter premises due to contamination risks.

He goes on to say: "In addition to the foreseeable health risks
trespassers face there is the additional risk to anyone that these
people come into contact with -- if contaminated with respirable
asbestos fibre. For the avoidance of any doubt there needs not be
visible accumulated dust in order for a causative event for
asbestos cancer to occur. The sad truth is that if exposure occurs
there is no test to confirm it. There is nothing more to do than
wait. For mesothelioma the usual range for the disease presenting
as cancer is between 10 and 50 years, so if these incidents are
not recorded and health monitored then any such outcome may not be
properly sourced.

"We are currently seeing an increase in mesothelioma attributed to
historic non-occupational exposure. Recent events caused by
trespassers on the site do create a foreseeable risk."

For its part, the council has said that as the security for the
site is arranged through the owner the council will endeavour to
contact the owner and put questions asked by the TBA Working Party
and SSV to them and get the answers to the questioners "in due

It is understood there is a Incident Plan for the site and the
expectation of the Working Party is that acts of trespass and
vandalism should be dealt with under this procedure, however, the
council has said that such acts "would not necessarily instigate
the implementation of the Incident Response Plan, as the plan is
designed to respond to a major emergency requiring multi agency
intervention to prevent effects on the community".

Mr Addy says: "For the sake of the trespassers and anyone who may
come into close contact with them, or any respirable asbestos
fibre released on this site, it is vital that such activity is
stopped and that past events are recorded properly.

"There comes a time when a series of smaller incidents accumulate
into a larger, ongoing issue that must be addressed. In my
opinion, the onus is on the owner of the site and best endeavours
must be made by those with statutory duties for this site to
ensure that all reasonable measures are taken by the owner to
mitigate potential environmental and health risks.

"Local people have been incredibly patient. Surely the time has
come to act."

ASBESTOS UPDATE: Fibro-Hit Heanor Memorial Hospital To Be Replaced
Caroline Jones, writing for Derby Telegraph, reported that a new
GBP1.6 million building could replace an asbestos-hit community
hospital, hundreds of people were told at a meeting.  It was one
of several options put forward for Heanor Memorial Hospital, along
with refurbishing the 89-year-old building at a cost of

The hospital has been closed to patients since last year after
asbestos was discovered in a boiler room during a routine
inspection by staff in September.  It means clinics and services
have been moved temporarily to Ilkeston Community Hospital.

As a result, bosses at the Southern Derbyshire Clinical
Commissioning Group called a meeting to discuss the "best way
forward" since the hospital's closure.

William Jones, director of operations at Derbyshire Community
Health Services NHS Trust, which runs the hospital, told the
meeting: "If we spent GBP850,000 refurbishing the building, that
is not going to solve all the problems.

"I don't think it would take much to work out that it would be
best to seek a new building at GBP1.6 million than invest in a
building which is never going to be anything other than very old."

More than 300 people attended the meeting and, as a result, it had
to be moved from Heanor Town Hall to the nearby and more spacious
St Lawrence's Church.  After the meeting, Andy Layzell, chief
officer of NHS Southern Derbyshire, said: "It was important for us
to make four commitments during the meeting.

"These were to reassure people that health services will be
provided locally and an example of that is our efforts to try to
move the blood clinic back there.

"Secondly, if we demolish the hospital, there will be another NHS
building put in its place on the site.

"We will be honest about what's happening and we will have another
meeting within three months to discuss progress."

Mr Layzell said nobody "underestimated the commitment of the
people of Heanor to that hospital".  He said once proposals were
made, a three-month formal consultation period would be held.

ASBESTOS UPDATE: EPA Orders Company to Stop Removing Fibro
The U.S. Environmental Protection Agency has ordered Olivet
Management LLC to stop all work that could disturb asbestos at its
facility, The Olivet Center in Dover, New York. Buildings at the
former Harlem Valley Psychiatric Center are being renovated for
future use as a research institution and information technology
hub by Olivet University. Olivet Management did not notify the EPA
about the asbestos work and did not handle or dispose of asbestos-
containing materials properly during the renovations, as required
by law.

Asbestos was once used in insulation and other building materials.
The inhalation of asbestos fibers can lead to cancer and
asbestosis, a serious respiratory disease. The removal of
asbestos-containing materials during demolition requires strict
adherence to procedures outlined in the Clean Air Act to protect
public health.

Federal regulations require property owners or operators to notify
the EPA before the demolition or renovation of buildings that
could contain a certain amount of asbestos. Demolition and
renovation work involving asbestos must be done carefully. Before
demolition and construction activities can begin, inspections must
be conducted to identify the presence of asbestos and materials
that may pose a threat to the health of workers or the public must
be removed.

Materials containing asbestos must be wet down until they are
collected and disposed of properly to prevent fibers and dust from
becoming airborne during renovations and demolitions. Asbestos-
containing materials must be disposed of at facilities licensed to
receive the waste.

On November 4 and 5, 2013, EPA inspectors, in coordination with
inspectors from the New York State Department of Labor and the
United States Department of Labor, Occupational Safety and Health
Administration, inspected the site after being refused access
three days earlier. The inspectors examined six buildings and the
surrounding areas, sampled materials appearing to contain asbestos
and observed numerous potential violations of the asbestos
requirements. Many of the buildings contained significant amounts
of asbestos.

The EPA legal order alleges that Olivet Management violated the
federal Clean Air Act asbestos regulations by failing to provide
adequate notice to EPA of construction projects involving
asbestos, adequately wet all regulated asbestos-containing
material that had been removed or stripped from the site and
ensure that all of these materials remained adequately wet until
collected and contained in preparation for proper disposal.

In addition to halting work at the site, the EPA order requires
Olivet Management to prepare a comprehensive site cleanup work
plan, submit the plan to EPA for review and approval to ensure it
conforms with asbestos requirements and ensure that future
demolition and activities at the site comply with EPA's order. The
EPA's investigation is ongoing.

ASBESTOS UPDATE: Family Blames School for Fibro Fears
Western Gazette reported that the family of a Somerton man who
were left "devastated" after exposure to asbestos potentially led
to his death are planning legal action.

Jeremy Salter lost his battle with mesothelioma aged 58 in July
last year.  The rare and aggressive cancer affects the lining of
the lung and is linked to asbestos.  Mr Salter, who was an
accountant with magazine and internet firm Future, believed he
could have been exposed to the substance during his school days in
the late 1960s.  He claimed the only time he had been exposed to
asbestos was during building work at a school in Hampshire, which
he attended from 1967 to 1969.  He remembered walking past an area
where materials containing asbestos minerals and fibres were being

Once completed the new buildings were then used by Mr Salter and
his classmates, it is claimed. Last month, an inquest into his
death recorded a verdict of accidental death, but his family have
instructed lawyers to pursue a case against Hampshire County

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 Jeremy at his diagnosis, we really
could not work it out as Jeremy had never worked in industries
where he would have come across asbestos."

Mr Salter was diagnosed with malignant mesothelioma in April 2012.
He underwent three courses of chemotherapy and suffered from
severe breathlessness, preventing him from driving to work. During
the final months of his illness he worked from home as an
accountant. But before his death he instructed mesothelioma
specialist Helen Grady from Novum Law in Bath, to investigate his
case. Ms Grady said she is increasingly seeing cases whereby
people are contracting mesothelioma when they did not directly
work with asbestos. She said it should be a reminder that there is
"no known safe level" of asbestos exposure.

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 --
he had intended to carry on providing for us for many more years
to come."

A spokeswoman for Hampshire County Council said she was unable to
comment on individual cases.  But she added: "Asbestos was widely
used in the UK until 1985 when the use of products containing
amphibole asbestos types were banned. The use of asbestos products
within Hampshire County Council's estate was typical of the UK
construction industry at the time. Like most local authorities,
Hampshire has buildings which contain asbestos containing
materials and we have been formally managing asbestos since 1997
before the duty to manage asbestos came into force in 2004 as part
of the Control of Asbestos at Work Regulations of 2002."

ASBESTOS UPDATE: Fibro Abatement Planned for Stuhr Museum
The Associated Press reported that a fundraising campaign to
rejuvenate part of the Stuhr Museum in Grand Island, Nebraska, has
raised more than $7.3 million.

The money was raised as part of the Gem of the Prairie campaign,
which began in September 2012 with a goal of $7 million, The Grand
Island Independent reported.  The money will be used to give the
Stuhr Building "a much-needed renovation and infrastructure
update," according to Pam Price, executive director of the Stuhr
Museum Foundation.

Work on will begin this month with asbestos abatement, which is
scheduled to be done by mid-March. Officials also plan to demolish
the building's interior and physical systems. The majority of
construction is expected to be complete by May 2015, and a grand
opening is planned for July 2015.

Exhibits normally displayed in the Stuhr Building, which was built
in 1967, will be temporarily relocated to venues throughout the

Joe Black, the museum's executive director, said the museum was
started as a way to preserve Hall County history but has evolved
since it opened more than 40 years ago.

"The demographics, the people and how the county works are totally
different than what they were in 1967," Black told the newspaper.
"The museum has reflected that and has evolved and changed so that
we are an integral part of the county and the citizens' lives."

The museum's mission is to preserve and portray the era of the
pioneers who created the first communities in Nebraska.

"When we reached our goal in late December, it was a huge weight
off of our shoulders," Price said. "We are so tickled, as many
doubted we could raise $7 million, and we blew past it."

ASBESTOS UPDATE: Deadly Dust Continues to Plague Pakistan
The News reported that seven years ago, Fareed Ahmed died of
tongue cancer at the age of 55. He was working as an engineer at a
building and construction factory. Doctors said his death was due
to asbestos poisoning.

Asbestos, a naturally occurring mineral used extensively in
construction, may cause cancer when inhaled. It has been banned in
52 countries of the world, but Pakistan remains an exception.

Since 2007 when Fareed died, his brother Haroon Ahmed has been
campaigning to ban this product in Pakistan. He filed a petition
in the Sindh High Court and the case now awaits a decision by the
Supreme Court.

Findings by a commission, which worked under the Supreme Court
directives, revealed that due to asbestos exposure workers at the
factory where Fareed worked were suffering from severe lung and
chest infections, according to a report published earlier in The

As part of an ongoing campaign to highlight the dangers of this
cancerous mineral, the first event kicked off through a
conference, where renowned doctors, educationists, politicians and
lawyers of the country urged the need to legislate to ban

There are six types of fibres being used in Pakistan. One such
fibre is chrysotile, a type of asbestos, which is 400 times
thinner than the human hair and is not visible to the naked eye,
said Syed Haroon Ahmed, the president of Syed Fareed Ahmed
Memorial Mesothelioma General Hospital Foundation, which was
established to raise awareness about asbestos and form a community
against the use of asbestos in Pakistan and worldwide.

International organisations, including International Programme of
Chemical Safety and International Labour Organisation, have
declared all forms of asbestos cancerous. "But despite this
nothing has been done to ban it by the Pakistani government," he
said. Hundreds of workers exposed to asbestos in Gadap Town are
suffering from lung diseases. So are the workers at the Gadani
ship-breaking yard.

According to the World Health Organisation, 150,000 people die
across the world every year due to the asbestos-related diseases.
Dr Huma Tabassum, an occupational health and safety expert, shared
that asbestos was used extensively in construction of roofs, water
pipes and sanitation but it could cause lung cancer, mesothelioma,
asbestosis and diffuse pleural thickening.

Muhammed Yaseen Azad, a former president of Supreme Court Bar
Council, said: "We need to value human lives. I do not care if a
factory employing hundreds closes down if it is responsible for
taking even one life."

He promised that he would look into the pending cases related to
asbestos poisoning in the Supreme Court and also requested the
chief justice to take up the issue. "For any society to develop,
health and education should be the priorities. Unfortunately in
Pakistan, the two are the lowest ranking issues in the budget."

Karachi Commissioner Shoaib Siddiqui said: "The city government is
trying to promote all campaigns which promote a good living. While
working with Karachi Water and Sewerage Board as an employee in
2005, we also detected traces of asbestos in drinking water as the
cancerous material was used in construction of pipelines," he

Justice Khwaja Naveed of the Sindh High Court was of the view that
there should be laws to ban hazardous substances. Meanwhile, an
alternative to the material should also be found and builders
should be informed about it.

Muttahida Qaumi Movement's Khalid Maqbool said he came to know
about the hazards of asbestos in his second year of medicine. "We
as students tried to spread awareness about it on our campus. It
has been 30 years and this is the first seminar I am attending
about asbestos."

Ishtiaq Virik, a representative of Building and Woodwork
International, an international labour rights organisation, said
that 1.5 million construction workers around the world were ill
because of the use of asbestos.

ASBESTOS UPDATE: Binghamton Schools Spend $80K on Additional Probe
Meghin Delaney, writing for Press Connects, reported that after
five months and a special request from the school board,
additional asbestos inspections have been completed in buildings
owned and operated by the Binghamton City School District.

The inspections, recently completed by licensed inspectors, cost
the district $80,000 and identified issues in six buildings.
Officials said they hope this will prevent future asbestos

Inspections began late-summer after unsafe levels of airborne
asbestos were discovered Aug. 7, 2013, in Calvin Coolidge
Elementary School. The Robinson Street school was hosting a summer
enrichment program, and more than 200 students and staff had been
in the building at the time.

Coolidge was shut down until early December 2013 while the
building was cleaned and deemed safe. For the first half of the
school year, students were split into four different buildings.

The updated cost for Coolidge remediation is approximately $4.7
million. Although the final figures are not in, officials are
approximating $330,000 will not be covered by building aid and
will need to be funded through district savings accounts.

"Certainly it was a very costly project," said Karry Mullins,
assistant superintendent for administration. "We want to make sure
our buildings are safe and healthy."

In an effort to ensure the issue was not widespread, the school
board asked district officials in late August 2013 to conduct
thorough, visuals checks of areas of noted asbestos in the rest of
the district buildings.

In New York, school districts are required to keep lists of areas
in each building where asbestos has been identified. A visual
inspection is done on these areas every six months and a more
thorough inspection, called a triennial, every three years. The
next triennial inspection for the district buildings will take
place in 2016.

The inspections requested by the Binghamton school board that
occurred over the past five months were in addition to what is
required by New York state.

Areas in five buildings were identified to have small issues:
Benjamin Franklin Elementary School, Woodrow Wilson Elementary
School, West Middle School, East Middle School and Binghamton High

After five months and a special request from the school board,
additional asbestos inspections have been completed in buildings
owned and operated by the Binghamton City School District.

The inspections, recently completed by licensed inspectors, cost
the district $80,000 and identified issues in six buildings.
Officials said they hope this will prevent future asbestos

Inspections began late-summer after unsafe levels of airborne
asbestos were discovered Aug. 7, 2013, in Calvin Coolidge
Elementary School. The Robinson Street school was hosting a summer
enrichment program, and more than 200 students and staff had been
in the building at the time.

Coolidge was shut down until early December 2013 while the
building was cleaned and deemed safe. For the first half of the
school year, students were split into four different buildings.

The updated cost for Coolidge remediation is approximately $4.7
million. Although the final figures are not in, officials are
approximating $330,000 will not be covered by building aid and
will need to be funded through district savings accounts.

"Certainly it was a very costly project," said Karry Mullins,
assistant superintendent for administration. "We want to make sure
our buildings are safe and healthy."

In an effort to ensure the issue was not widespread, the school
board asked district officials in late August 2013 to conduct
thorough, visuals checks of areas of noted asbestos in the rest of
the district buildings.

In New York, school districts are required to keep lists of areas
in each building where asbestos has been identified. A visual
inspection is done on these areas every six months and a more
thorough inspection, called a triennial, every three years. The
next triennial inspection for the district buildings will take
place in 2016.

The inspections requested by the Binghamton school board that
occurred over the past five months were in addition to what is
required by New York state.

Areas in five buildings were identified to have small issues:
Benjamin Franklin Elementary School, Woodrow Wilson Elementary
School, West Middle School, East Middle School and Binghamton High

ASBESTOS UPDATE: Fibro Fears Halt Work on Eyesore Cullompton Site
Mid Devon Gazette reported that work to demolish a dangerous
building in Cullompton High Street has stopped because potentially
dangerous asbestos has been discovered in it.

Contractors attempted to make the former Harlequin Valet
launderette in Cullompton High Street safe after the derelict
building, which was badly damaged in a 2010 fire, partially
collapsed onto the pavement below.  But they could only work on
the front section of the building because roof tiles to the back
contain asbestos.

Some roof tiles which fell onto the street below also contain the
dangerous mineral. These have now been removed.  It is thought the
tiles were made with white asbestos, one of the least dangerous
types, but it is likely specialist contractors will have to be
brought in to take them away.

Asbestos fibres, which are released when building materials
containing them are damaged, can cause potentially fatal lung
diseases, even in minute quantities.

Some council members in the town fear work to demolish the site
could drag on for months or years.

ASBESTOS UPDATE: HK Solons Amend Air Pollution Control Ordinance
In the legal update titled, " Air Pollution Control (Amendment)
(No. 2) Bill 2013: Ban on the Use, Supply, Import and Transhipment
of Asbestos or Asbestos Containing Material" dated 3 October 2013,
Mayer Brown advised that the said Bill was published in the
Gazette on 27 September 2013 and would be introduced into the
Legislative Council in October 2013. The Bill sought to amend the
Air Pollution Control Ordinance (Cap. 311) by prohibiting (unless
exempted) the use, supply, import and transhipment of all types of
asbestos or asbestos-containing material, and to amend the
Factories and Industrial Undertakings (Asbestos) Regulation by
prohibiting the use of all types of asbestos in industrial

The Air Pollution Control (Amendment) (No. 2) Ordinance 2013
(Amendment Ordinance) was passed by the Legislative Council on 22
January 2014 and will come into operation on 4 April 2014.

It is understood that the Environment Protection Department (EPD)
will work with the Pneumoconiosis Compensation Fund Board to
publish a booklet about the most common sources of asbestos-
containing material. The EPD has also uploaded on its website a
list of machinery/products (for e.g., trucks/vehicles, generators,
pumps, lift equipment/elevators etc.) which may contain asbestos,
so as to enhance the asbestos awareness and knowledge of those
persons who are involved in construction activities at industrial
undertakings. Components of the machinery/products which may
contain asbestos or asbestos-containing material include brake
pads, brake lining, clutches, valve rings and valve stem packing
which are used in trucks/vehicles, roofing and tiling materials
and gaskets which are used in generators, and seals and gaskets
which are used in pumps. Further, the EPD has compiled a list of
suppliers of asbestos product substitutes to (i) facilitate the
smooth switch from the use of asbestos products to safer and more
reliable substitutes, and (ii) provide the industries and general
public with useful information about asbestos substitutes, so that
users can search for suitable suppliers supplying asbestos

Mayer Brown is a global legal services organization comprising
legal practices that are separate entities (the Mayer Brown
Practices). The Mayer Brown Practices are: Mayer Brown LLP, a
limited liability partnership established in the United States;
Mayer Brown International LLP, a limited liability partnership
incorporated in England and Wales; Mayer Brown JSM, a Hong Kong
partnership, and its associated entities in Asia; and Tauil &
Chequer Advogados, a Brazilian law partnership with which Mayer
Brown is associated. "Mayer Brown" and the Mayer Brown logo are
the trademarks of the Mayer Brown Practices in their respective

ASBESTOS UPDATE: Mum Asks Why Council Took Long to Rid Fibro
Emma Streatfield, writing for Southern Daily Echo, reported that a
mother-of-four is asking council bosses why it took so long to
deal with asbestos dumped near a Hampshire beach.

Despite frantic calls to the authorities after she spotted the
debris close to the beach at Hamble, Debbie Gordon. 40, saw
nothing being done to remove it.  It was removed about a week

The Hamble resident said that she felt the issue had not been
treated seriously when she alerted Eastleigh Borough Council,
though it has since revealed it is not responsible for the land in
question as it is owned by Hamble Parish Council.  It said it had
passed Mrs Gordon's concerns on.

Mrs Gordon first noticed what she believed to be asbestos when
walking with her husband at Westfield Common, just up from the
beach at Hamble, next to the public walkway, on January 22, though
her children saw it two days before.

Mrs Gordon said it was broken and there was dust, which made her
more concerned.  She rang the out-of-hours service for Eastleigh
Borough Council that evening but Mrs Gordon claims the operator
made light of the situation.  She said she had, however, been told
that the council would send someone out in the morning when they
had protective clothing.  She rang other authorities, including
the police, for help and advice, but this had no effect.

Mrs Gordon then found another larger patch of four or five sheets
next to the car park.  When fibres from asbestos are inhaled they
can cause serious diseases, which may affect people later on in

Mrs Gordon said that the asbestos was near public walkways and in
areas where children play and teenagers hang around and she was
concerned about the long-term effects.

"They're prepared to let my children, teenagers and the public
walk past it," she said.

An Eastleigh Borough Council spokesperson said it had received a
call about the material, which was on land owned by Hamble Parish
Council.  He said: "The call was logged and an email sent
informing them of the issue."

Environmental Health officers from the council did go down
independently and confirmed it was asbestos cement sheeting and of
minimal risk.

A Hamble Parish Council spokesman said Eastleigh Borough Council
had arranged on their behalf for a fully trained and licensed
asbestos contractor to remove the dumped materials from Westfield
Common and dispose of them properly.  He said: "Fly-tipping is a
distressing but everyday fact of life for local authorities such
as ourselves.

"We deal with over 40 incidents each year at Westfield Common

"The entire cost of the clean-up in this instance will be borne by
Hamble-le-Rice Parish Council and therefore the Hamble-le-Rice
council taxpayer will ultimately be out of pocket over this

A spokesman for Hampshire police confirmed they had received a
call about possible asbestos.

"Full details were taken and passed to the council to deal with as
this was assessed not to be a police matter and there were no
immediate health and safety concerns," he said.

ASBESTOS UPDATE: Thorne Daughter Raises Awareness of Deadly Dust
Thorne and District Gazette reported that a Thorne woman who lost
her dad to an asbestos related illness is raising awareness of the
silent killer disease.

Dennis Digby, aged 68, was diagnosed with mesothelioma in 2011,
which he is believed to have contracted while working for over 30
years in power stations.

Having had no previous ailments, Dennis passed away in June 2013.
His daughter, Amanda Miller, aged 38, of Walnut Road said: "My dad
had mesothelioma which is a very aggressive form of cancer.

"It is called a silent killer. It just takes one asbestos fibre to
attach to the lining of the lung. It can incubate for 30 years
until it comes to a head and then it's too late.

"My dad was found to have fluid on his lung, but he had been fine
up until then.

"Anybody that has worked with asbestos pre-1970 can be susceptible
to it. They believe it is up and coming now, and that cases will
reach their peak in 2020."

Amanda decided to start raising awareness of the disease by
collecting funds, and joined forces with family members of other

As well as taking part in a number of sponsored runs, two charity
balls have been held, raising over oe10,000 in total.

A third ball, at Drax Sports and Social Club, is now being planned
for later this spring.

"I've been fundraising ever since he was diagnosed," said Amanda.
"It's helped me to cope.

"We want to raise awareness of the condition because it's so bad,
and raise vital funds to train special nurses in mesothelioma, to
put the nurses into hospitals to help patients."

Anyone that can offer any form of support should email
forgetmenot12@btinternet.com or call Amanda on 07899 761 458.

Amanda added: "I'm hoping my dad is proud of what I am doing. I
did a lot of my fundraising while he was here, so this year will
be a bit of a challenge because he's not here."

A government bill seeks to start a scheme that will pay
compensation for victims of mesothelioma.

In the UK 2,600 people a year are diagnosed, and around 300 to 400
a year are unable to get compensation because companies where they
used to work have either gone bust or their insurers cannot be

The 2014 charity ball will take place at Drax Sports and Social
Club on Saturday, April 5, from 7pm.

The event will comprise a three course dinner, champagne, a
raffle, auction and a band.

The previous two balls have raised oe4,500 and oe7,500 respectively,
and the organisers are looking to try to top that total.

All proceeds to go to Mesothelioma UK.

Should anyone want to provide prizes or sponsorship or purchase
tickets they can contact Amanda on 07899 761 458 or Fran on 07583
971 143.

Among those organising the event is solicitor and friend Howard
Bonnett of Corries Solicitors Limited, who specialise in asbestos
disease claims.

ASBESTOS UPDATE: Beckenham High Street Facing Fibro Test
News Shopper reported that asbestos testing could be coming to
Beckenham High Street, in the United Kingdom, after a planning
application was lodged to change a building's usage.

Bromley Council has confirmed a submission has been received for a
property on the road and is set for assessment.

A resident wrote in to the News Shopper with concerns that an
asbestos testing plant may be constructed in a built-up and
densely populated area.

The council said nothing has been decided and stated: "We can
confirm that we have received a planning application for the
refurbishment and extension of a property 182a High Street,
Beckenham which includes a change of use.

"We will assess this application carefully and consider the
planning merits before making our decision in the usual way.

"We note that the proposed business activity is one that would be
monitored and enforced by the Health and Safety Executive (HSE),
which would ensure that health and safety regulations and
guidelines are followed."

A council spokeswoman added the application was not for a plant
that's sole setup was to work with the product, but there would be
some testing on site.

She added it's currently being considered and a committee is
preparing to discuss the plans later this month.

ASBESTOS UPDATE: Second Hand Fibro Exposure Verdict $27MM
Shezad Malik, writing for The Legal Examiner, reported that on
Ohio jury has found for a man who developed mesothelioma from
secondary exposure to asbestos fibers, which were carried home on
his father's clothes when he was a child.  The jury awarded $27.5
million in damages.

John Panza, 40, and his wife, Jane, filed a mesothelioma lawsuit
against Kelsy-Hayes Co., which used to be known as National
Friction Products.

Panza's father, John Sr., brought home asbestos dust on his work
clothes during 31 years of working at the Eaton Airflex brake
company. The asbestos exposure came from brake pads manufactured
by National Friction Products. John Panza, Sr., died of lung
cancer in 1994, and his son was diagnosed with mesothelioma in

                Mesothelioma and Asbestos Link

Mesothelioma is a cancer, which is only known to be caused by
exposure to asbestos and inhaling asbestos fibers.  It is a fatal
disease that is often at a very advanced stage when a diagnosis is
made, resulting in a very short life-expectancy.

In Cuyahoga County Common Pleas Court, a jury returned a verdict
of $27.5 million in damages, including $515,000 in economic
damages and $12 million in non-economic damages awarded to John
Panza, as well as $15 million awarded to his wife for loss of
consortium. The verdict is believed to be the largest of its kind
in Ohio history.

While 40% of the liability in this recent case was placed on Eaton
Airflex, which has immunity under Ohio law, Kelsey-Hayes is fully
responsible for the entire damages. The company is expected to

Mesothelioma litigation is the longest-running mass tort in U.S.
history, with more than 600,000 people having filed a lawsuit
against more than 6,000 defendants after being diagnosed with
cancer that was caused by inhaling asbestos fibers.

Recently there have been a number of mesothelioma lawsuits brought
following second hand exposure, with wives, children and other
family members alleging they developed the disease after breathing
asbestos fibers brought home in the hair or on the clothing of
individuals who worked directly with the material.

ASBESTOS UPDATE: Washington County, Ore. OKs Abatement Work Deal
CJ Lovelace, writing for Herald-Mail Media, reported that making
way for several projects, the Board of Commissioners in Washington
County, Oregon approved a $111,700 contract to abate asbestos and
demolish a handful of old buildings.

The commissioners on Jan. 28 voted 5-0 to approve the low bid from
contractor Allegany Wrecking and Salvage of Hagerstown in support
of the county's projects, which include the road-widening
improvements along Robinwood Drive and Eastern Boulevard north.
Allegany Wrecking and Salvage came in nearly $118,000 less than
the second-lowest bidder, Service All Inc. of Mitchellville, Md.,
according to county documents.

Commissioner William B. McKinley asked how the winning bid could
be so much less than the other five received, especially from a
firm that hasn't done work for the county before.

Robert J. Slocum, director of engineering and construction
management, said the project manager for the contract has checked
Allegany's references, and the company has a reputation for
bidding lower than its competitors.

County officials also found that the subcontractors used by
Allegany fall in line with the low bid and they have a good record
of completing work under their original bid, Slocum said.

The contract includes asbestos abatement and demolition of three
properties near the intersection of Security Road and Eastern
Boulevard. Other properties to be brought down include one on
Robinwood Drive to make way for further widening work and another
on Frederick Street to allow for the county to build Southern
Boulevard, also known as the Funkstown bypass.

The contract also calls for asbestos abatement to the second floor
of 120 W. Washington St., which the county owns and plans to
renovate as part of a larger county administration building
project in 2015.

In all, the six properties named as part of the contract include:

   * 120 W. Washington St., second floor -- Asbestos abatement
     prior to interior renovation

   * 11325 Robinwood Drive -- Asbestos abatement, complete
     demolition of house in conjunction with ongoing widening

   * 1051, 1114 and 1116 Security Road -- Asbestos abatement,
     complete demolition of three houses in advance of planned
     Eastern Boulevard improvements

   * 1240 Frederick St. -- Asbestos abatement, complete demolition
     of house in advance of planned Southern Boulevard project

Slocum said the houses in question have been vacant for some time
and are within the county's right of way on each of the three road

"This is the onset of several projects . . . of improvements to be
made," he told the commissioners.

The county building-renovation project drew some comments and
questions from the commissioners, who asked about the process and
when the project would get under way.

Slocum said some work has begun at 120 W. Washington St., which is
connected to the county's 100 W. Washington St. building, where
the commissioners meet.

The county building renovation, expected to begin in the late
spring or early summer of 2015, will relocate the commissioners'
meeting room and offices to a larger and currently unused first-
floor area, according to county officials.

The move will increase accessibility to the public and make use of
vacant space in downtown Hagerstown, County Administrator Gregory
B. Murray said.

Slocum said the county will be receiving design bids for the
project this month, and it will likely take about six months to
finalize designs before construction can begin next year.

Several county departments will be relocated as part of the
building renovation, including housing the backup 911 center and
the county's Planning and Zoning Department at 120 W. Washington

Bid documents provide 200 calendar days to complete the demolition
and asbestos-abatement projects, although each job will be handled
separately, according to county documents.

Work under the approved contract is expected to begin around Feb.
10, with late August the target for completion of all six jobs.

The county has budgeted about $131,000 for the work within its
Capital Improvement Plan, including $10,000 for inspection and
testing costs, plus another $10,000 for construction

ASBESTOS UPDATE: Fibro Still Poses Serious Risk to Workers
Tom Rabe, writing for Stirling Times, reported that asbestos still
poses a serious risk to workers and their families with the
mineral still inside established buildings throughout Perth,
Australia's central business district, according to the Asbestos
Diseases Society.

Society president Robert Vojakovic stressed the importance of
public awareness of the deadly mineral at a meeting of former
Ceiloyd workers in Osborne Park.

The Ceiloyd workers sprayed asbestos in a liquid form through many
of Perth's largest and most used buildings until the mid-1970s.

"The remaining few asbestos sprayers feel that it is their
obligation to bring attention to the fact that some commercial and
other buildings in the Perth area may still have some asbestos
present which poses a current risk to maintenance workers,
renovators and indeed building tenants of exposure to deadly
asbestos fibres," Mr Vojakovic said.

Mr Vojakovic said without the workers' accounts of the private
developments sprayed with asbestos, no one would know which
buildings were exposed.  He said although many of the government
buildings that were sprayed and lagged with asbestos had either
been remediated or demolished, many of the commercial buildings
had not due to lack of transparency and records.

"It was a building by-law to lag buildings with asbestos for
fireproofing, however any register may not cover all buildings
that were sprayed with asbestos lagging and the information that
can be provided by the Ceiloyd workers about the individual
buildings and factories they applied asbestos lagging to is
invaluable and in the public interest," he said.

Mr Vojakovic said the company Ceiloyd ceased operating in 1975 and
as a result much of the information was lost, making the
survivor's information critical to future safety.

Phil Toia, who worked for Ceiloyd, said more needed to be done to
ensure future generations were not affected by asbestos.

"Until the government takes out all the asbestos fences and roofs
in our communities, our children will continue to be exposed to
asbestos," he said.

Mr Vojakovic said more funding needed to be directed towards
medical research because asbestos exposure would continue to be a
real risk for many years.

"Until we have adequate funding for medical research for a cure
for asbestos-related diseases, workers like these brave men will
continue to die simply because they went to work," he said.

"We need to do everything possible to prevent a new generation of
workers from joining this shameful asbestos-related death toll."

Mr Vojakovic said the death toll among asbestos sprayers and
laggers was staggering, with most succumbing to mesothelioma, lung
cancer, and asbestosis.

ASBESTOS UPDATE: Health Program for Fibro Victims Expanded
The Associated Press reported that a pilot program that provides
medical and other services to victims of asbestos exposure has
been expanded to include 18 additional counties in Montana, Idaho
and Washington.

The program offers home assistance, mileage reimbursements for
medical travel and other benefits to people with asbestos-related
diseases that have been linked to a closed W.R. Grace, Inc.
vermiculite mine in Libby.

The program had been open only to people in Lincoln and Flathead
counties when it was established under the Affordable Care Act.

U.S. Sen. Max Baucus announced that it will be expanded to include
five more counties in northwestern Montana, seven in Idaho and six
in Washington.  Baucus says it will help people who moved away
from Libby get the health care they need.

ASBESTOS UPDATE: Demolition at Orpington Site Sparks Fibro Fears
Joshua Barrie, writing for News Shopper, reported that complaints
have been made to the Health and Safety Executive (HSE) with fears
of asbestos at an Orpington site.

Demolition work has been started on a large industrial property on
Cray Avenue, and a woman in a building nearby said she has big
concerns for local people and those doing the job.

Rachel Verghese works at TMS House directly opposite and said "it
really looks like an asbestos roof", adding that if so it's not
being dealt with safely.

After her father died of a disease brought on by the substance two
and a half years ago she said she knows a lot about the "deadly"
product and added she's "is a bit scared" about the situation.

The 38-year-old said: "They're knocking the life out of it. The
building's really old and manky.

"I don't want to get too close -- but the builders are just
walking around. It's deadly. It gets you in 30 years.

"It doesn't look safe. You're meant to remove asbestos carefully."

She added she thinks the building used to be a CD making plant and
has now been bought by car manufacturer Honda.

The HSE has reported it's received complaints but can't yet
confirm whether asbestos, which it says is "the single greatest
cause of work-related deaths in the UK," is involved.

A spokesman for the organisation said: "We are aware of complaints
and we are making enquiries.

"People have been raising concerns."

Bromley Council said it's also been notified.

ASBESTOS UPDATE: Fibro Dumping at Lisbane Landfill Probed
Adrian Rutherford, writing for Belfast Telegraph, reported that
potentially deadly asbestos waste was being dumped at a landfill
site in Northern Ireland as recently as last year, it has been

Lisbane Landfill in Co Armagh only ceased accepting the waste in
June 2013, according to Environment Minister Mark H Durkan.

Described as a hidden killer, asbestos can lead to serious
illnesses such as lung cancer and mesothelioma, and is therefore
designated as hazardous waste.

Disposing of hazardous waste alongside normal waste was banned
from 2004 under the EU Landfill Directive 1999.

After that it could only be disposed of after suitable procedures
were agreed with the Northern Ireland Environment Agency. One site
-- Lisbane, near Tandragee -- had accepted hazardous waste, but
stopped doing so last June.

The details were revealed by Mr Durkan after an Assembly question
from Green Party MLA Steven Agnew.  He requested a breakdown of
sites where hazardous waste was dumped after it emerged that
radioactive waste had been dumped at sites in Belfast and
Londonderry in the 1980s.

The "controlled burials" emerged in papers released under the 30-
year rule by the Public Record Office last month, and are being
investigated by the DoE.

Mr Agnew said hazardous waste remained a threat to human health
and the environment for many years.

"Burying it simply means 'out of sight, out of mind' -- but its
potential to contaminate land or even the water table lingers for
decades," he told the Belfast Telegraph.

"The issue of asbestos, once deemed to be safe enough to put into
people's homes, highlights how we must exercise great caution
going forward in what chemicals and hazardous substances we expose
both humans and the environment to.

"We need to make sure that best practice guidelines for the
disposal of asbestos are followed rigorously and these areas are
carefully monitored by the DoE for any threat of future

Responding to Mr Agnew's question, Mr Durkan said premises that
accumulate and dispose of radioactive waste must have a
certificate of authorisation issued under the Radioactive
Substances Act 1993.

One of the routes for the disposal of low level solid radioactive
waste was via controlled burial in landfill sites.

This took place at two locations -- Culmore Point in Derry and
Duncrue Street in Belfast.

Asbestos is a naturally occurring fibrous substance used
extensively in the UK building industry between the 1950s and mid-
1980s. If asbestos isn't damaged then there is little risk to
health. But once disturbed, it breaks down into fibres up to 1,200
times thinner than a human hair. When inhaled, the fibres can
cause lung cancer.

ASBESTOS UPDATE: Judges Should Look for Fibro Claims Fraud
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that the recent ruling in a North Carolina bankruptcy court in
favor of a gasket manufacturer has sparked talk of abuse and
manipulation in the asbestos bankruptcy trusts, but one defense
attorney says these actions aren't new and should have people
wondering who has jurisdiction to keep trust systems functioning

Asbestos defense attorney Richard Faulk, partner with
Hollingsworth LLP, explained that when Judge George Hodges of the
U.S. Bankruptcy Court of the Western District of North Carolina
allowed Garlock Sealing Technologies to initiate full discovery
into 15 selected cases and partial discovery into hundreds more,
he was meticulously doing his job and acting within his power of
case management.

Garlock found that plaintiffs' lawyers withheld evidence of
asbestos exposure to products other than Garlock's gaskets and
delayed filing claims with bankruptcy trusts until after obtaining
settlements from and judgments against Garlock.

"It appears certain that more extensive discovery would show more
extensive abuse," Hodges said in his ruling. "But that is not
necessary because the startling pattern of misrepresentation that
has been shown is sufficiently persuasive.

"While it is not suppression of evidence for a plaintiff to be
unable to identify exposures, it is suppression of evidence for a
plaintiff to be unable to identify exposure in the tort case, but
then later to be able to identify it in Trust claims. It is that
practice that prejudiced Garlock in the tort system."

Hodges ruled on Jan. 10 that the amount sufficient to satisfy the
Garlock's asbestos liability is $125 million, roughly $1 billion
less than what plaintiffs' representatives felt was proper.

Faulk wrote in a column posted on Washington Legal Foundation's
The Legal Pulse titled "Dispelling Asbestos Litigation Rumors"
that Hodges' ruling will influence asbestos litigation across the
nation and described it as the "shot heard 'round the world."

"Defendants in pending cases will press for full disclosure of
settlements made with the bankruptcy trusts of insolvent companies
-- and Congress and state legislators will continue their quest
for reforms to ensure complete disclosure of settlements to
preclude exaggerated recoveries against peripheral defendants,"
Faulk wrote in his column.

Faulk explained that "losing" evidence only to have it
mysteriously reappear at a more convenient time is nothing new. He
adds that while bankruptcy courts have fought this issue "pretty
aggressively," they've always had the resources and power
available to fully deal with these problems as Hodges did.

It's a shame, Faulk said, that the asbestos world had to wait for
the Garlock case to come up before a court looked into discovery
and evaluating expert evidence on both sides.

"I think it's unfortunate that we had to wait until now for a
judge to decide to ask these questions," he said.

"In asbestos litigation, too often they wait and continue to wait
for the legislature to do something about it," he continued.
"There really is no reason for them to wait because they have the
inherent power in their own jurisdiction to change things and make
this system work."

The legislation Faulk refers to is the Furthering Asbestos Claim
Transparency Act, or the FACT Act. If passed, it would require
asbestos trusts to publish claimants' names and the nature of
their claims in quarterly reports. The Act passed in the House in
November 2013. It now sits in the Senate, where Faulk believes it
will die due to the composition of the Senate.

"I would say, in this Congress, it will be very difficult to get
it through, but that doesn't mean it isn't a very good idea," he

Even if the FACT Act doesn't pass, the courts could still carry
out their full judicial power and disclose select bankruptcy
information that has been previously "cloaked in mythical secrecy"
by establishing an order requiring information on bankruptcy
filings prior to litigation, he says.

"It should be a uniform rule, but it's not," Faulk said. "And once
again, the courts could fix this problem. And yet we have to wait
until this goes all the way up to the federal Congress to do
something that the court has the power to do. It really doesn't
make much sense to me."

Obtaining this information would help defendants offset their
settlements or judgments, but often times they have to resort to
negotiating a settlement without it.

"Without a meaningful way to offset insolvent companies'
settlements, defendants faced a 'Hobson's choice.' They could
accept inflated settlement values -- or risk judgments inflated by
their inability to obtain offsets," Faulk wrote in his column.

A "Hobson's choice" is when a defendant is in a position where it
needs the information, doesn't have it and can't get it. But the
defendant is in a trial and must make a choice on how to negotiate
and move forward, regardless.

"Negotiations probably would have been more fruitful if the courts
had required that information to be disclosed as a matter of law
and order," Faulk wrote.

What it comes down to, Faulk reiterated, is how important it is
for courts to begin requiring disclosures of trust information
while cases are pending in order to reach fair and just
conclusions. If not, then "we will just have to wait on the
government to do their job" and pass the FACT Act.

"After decades of litigation and scores of bankruptcies, there are
many other 'viable defendants' who lie on the fringes of
liability," he wrote in his column. "Surely, they should not be
forced into insolvency before they are allowed to pursue evidence
that is undeniably relevant to their liability. It is time for
judges and elected officials to ensure disclosure of all evidence
necessary to protect parties from artificially inflated
settlements and judgments. Perhaps then, at least one of the myths
of asbestos litigation can finally be dispelled, and this issue
can finally be ruled by the fairness to which our system of
justice aspires."

In response to the manipulation Garlock allegedly faced during
prior asbestos litigations, the company filed five lawsuits
against plaintiffs' asbestos firms under seal.

Faulk explained that these cases may be sealed due to federal
rules requiring confidentiality when pleading fraud specifically.

ASBESTOS UPDATE: Couple Sues Avocet Enterprises et al.
Melody Dareing, writing for The Southeast Texas Record, reported
that a Texas couple is suing a number of businesses they claim
contributed to an employee's lung cancer.

Roy L. Jones, and his wife, Patricia, filed a lawsuit Jan. 29 in
the U.S. District Court for the Southern District of Texas against
Avocet Enterprises Inc., Bird Inc., Carrier Corp., Certainteed
Corp., General Electric Co., Georgia-Pacific LLC, Ingersoll-Rand
Co., Kelly-Moore Paint Co., Riley Power Inc., Sears Roebuck and
Co., Trane U.S. Inc., Union Carbide Corp., Viacom Inc., The
Goodyear Tire & Rubber Co. and Shell Chemical LP.

The plaintiffs are claiming negligence and gross negligence.

The suit states Roy Jones has been diagnosed with lung cancer
resulting from exposure from asbestos.  They allege companies
created dangerous conditions, failed in safety standards and did
not warn employees of the risks, the complaint states.  The
Joneses are seeking an amount in damages in excess of the minimal
jurisdictional amounts, plus court costs and any other relief.

The couple is being represented by Houston attorney James C.

ASBESTOS UPDATE: Civic HQ Closed After Fibro Discovery
John A. MacInnes, writing for Linlithgow Gazette, reported that
delays are set to thwart Police Scotland's plans to move from its
present office in Linlithgow to a new partnership hub in County
Buildings -- due to the presence of asbestos.

All types of asbestos fibres are known to cause serious health

A spokesman for the council in West Lothian, Scotland, said:
"Preliminary investigations have confirmed the property
contains asbestos, with further work required before construction
can begin.

"It is very common for a building of this age to contain asbestos
-- there is no risk to public or staff health as the building is
currently unoccupied.

"We are currently going out to tender to appoint a specialist
contractor to remove the asbestos."

A spokesman for the Asbestos Removal Contractors Association
confirmed that, in County Buildings, the material was most likely
to have been used for pipe lagging and wall insulation.

The material is known to have brought about the deaths of many
people who were previously unaware of the dangers associated with
the mineral in various working environments.

Asbestos became increasingly popular among manufacturers and
builders in the late 19th century because of its sound absorption,
strength, resistance to fire, heat, electrical and chemical damage
and affordability.

The trade and use of asbestos has been restricted or banned in
many countries. It is most commonly found in asbestos coatings and
lagging, insulation and insulating board.

Its removal from County Buildings is likely to take several

ASBESTOS UPDATE: Plaintiffs Drop Military Claims
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that a California district court has granted a claimant's motion
to remand his asbestos lawsuit to the Solano Superior Court based
on military-related exposure claims.

According to the order filed on Jan. 23 in U.S. District Court for
the Eastern District of California, plaintiff Paul Schulz cited
Section 1442, which allows for removal despite defendant Crane
Co.'s opposition to the motion for remand.

"'When federal officers and their agents are seeking a federal
forum, [courts] are to interpret section 1442 broadly in favor of
removal.' Removals under section 1442 are not subject to the well-
pleaded complaint rule, and a 'federal officer or agency defendant
con unilaterally remove a case' without other defendants'
consent," the order stated.

Schulz filed his complaint in the Solano County Superior Court
against 40 defendants on Sept. 9, alleging negligence, products
liability, aiding and abetting, battery, concert of action and

Then on Nov. 14, Crane Co. removed the case to the federal court.

Crane Co. argued that a civil action could be appropriately
removed to district court if any person is "'acting under' the
direction of a United States officer."

Schulz responded on Nov. 21 by waiving all claims against Crane
Co. that related to his asbestos exposure during military service,
employment by the government, from products sold or supplied to
the U.S. military or government, at military and federal
government jobsites or from U.S. military vessels or missiles.

However, Crane Co. argues that Schulz's complaint remains
unchanged, rendering the waiver invalid.

Schulz responded with an instant motion to remand on Dec. 3.

"The primary question raised by the instant motion is defendant's
ability to raise a colorable federal defense," the order states.
"Specifically, defendant argues it can raise the government
contractor defense as a colorable federal defense to plaintiff's

However, Schulz claims the "'specific waiver eliminates the
possibility of removal based upon a government contractor
defense.' Defendant cannot raise that defense and thus defendant
cannot raise that defense and thus defendant cannot meet the
colorable defense requirement," his attorneys wrote.

Schulz said he "does not know how to make it any clearer" that he
no longer makes any claims against Crane Co. arising out of
military, government or federal asbestos exposure."

"Because plaintiff no longer states any claims against which
defendant could raise a colorable federal defense, this court no
longer has jurisdiction under Section 1442," the opinion states.

ASBESTOS UPDATE: NBN Monitors to be Retrenched
The Australian reported that safety monitors ensuring workers on
the National Broadband Network rollout are not exposed to asbestos
are being retrenched, despite breaches continuing, unions claim. A
Senate inquiry was warned by the Electrical Trades Union that the
removal of the 12 monitors, observing asbestos removal work on
telecommunications pits across the country, placed workers' lives
at risk.

ASBESTOS UPDATE: Case Sheds Light on Murky World of Litigation
Michael Tomsic, writing for NPR.org, reported that according to a
2011 report from the U.S. Government Accountability Office,
companies have set aside more than $30 billion for mesothelioma
victims since the 1980s. Asbestos lawsuits have played a role in
about 100 companies' going bankrupt.

One of those is a gasket manufacturer called Garlock. Its parent
company, EnPro Industries, is based in Charlotte, N.C. As part of
Garlock's $1 billion bankruptcy case, a judge has slashed what the
manufacturer owes asbestos victims after finding that the victim's
lawyers abused the system.

Some call Garlock's bankruptcy case a watershed moment.

"It's laid bare the massive fraud that is routinely practiced in
mesothelioma litigation," says Lester Brickman, a Cardozo law
school professor who has researched asbestos litigation for more
than 20 years and who testified on behalf of Garlock.

In Texas, one plaintiff said his only exposure to asbestos was
from Garlock -- after his lawyers filed a claim with another
company. In California, a plaintiff's lawyers misled a jury to
make Garlock look worse. And in Philadelphia, lawyers made
evidence of their client's exposure to 20 different asbestos
products disappear.

Those are just a few of the old cases that federal bankruptcy
judge George Hodges gave Garlock's lawyers permission to
re-examine back in late 2012.

A former Asbestos plant is seen February in Thetford Mines,
Quebec. Canada has ended its refusal to allow chrysotile asbestos
to be added to the U.N.'s Rotterdam Convention on hazardous

"As [Hodges] says in his order," says Rick Magee, one of Garlock's
attorneys, "we were able to demonstrate in all -- each and every
one of those 15 cases -- that there was extensive suppression of
exposure evidence."

In doing so, Garlock persuaded Hodges to drastically reduce the
estimate for how much the company still owes victims.

No one argues that people suffering from mesothelioma shouldn't
get compensated. Instead, it's a matter of the right companies
paying the right amounts.

The victims' lawyers argued that the company still owes about $1
billion, based on Garlock's past settlements. But in his January
decision, Hodges wrote that that estimate is "infected with the
impropriety of some law firms and inflated by the cost of

The head of one of those firms, Peter Kraus, managing partner of
Waters & Kraus in Dallas, disagrees.

"There are some of those cases that involve my firm," he says. "So
I know for a fact from those cases that the judge's description of
what happened is simply not correct."

Kraus says Hodges took a radical approach with his decision. "It's
very, very different from the rulings and findings by judges with
a good deal more experience in this area."

But that argument doesn't fly with folks at the Institute for
Legal Reform at the U.S. Chamber of Commerce.

"When you start building the case, when you start seeing more and
more of these instances, you got to really question whether this
is an outlier or not," says Harold Kim, the organization's
executive vice president.

Judges in Delaware, Ohio and Virginia have also noted dubious
legal maneuvering in asbestos litigation, though not on the scale
of the Garlock case. Kim says the case will be a wake-up call for
other judges, which will lead to more accurate estimates of what
companies really owe.

For Garlock, the judge estimates that's $125 million. But the case
isn't finished, and victims' lawyers are likely to challenge that

In the meantime, Garlock is suing some of the people who are suing
it. The company is going after six law firms for the types of
practices it uncovered in its bankruptcy case.

ASBESTOS UPDATE: Sealed Air Pays $930MM in Cash to Grace Trust
Kathleen Lynn, writing for NorthJersey.com, reported that Sealed
Air Corp., the Elmwood Park maker of Bubble Wrap, has paid $930
million in cash into a trust for asbestos victims, the company
said.  The payment settles a claim that arose after Sealed Air
bought a business from W.R. Grace & Co., which filed for
bankruptcy after facing millions of dollars in asbestos claims.

W.R. Grace has emerged from bankruptcy, after almost 13 years,
which cleared the way for Sealed Air to pay the settlement.

"This is very positive news for Sealed Air, as the completion of
the settlement has been anticipated for some time and now brings
finality to a matter after more than a decade of preparation,"
said Jerome A. Peribere, CEO of Sealed Air. "We will no longer
incur interest on the settlement, which amounted to $48 million in
2013. Additionally, we anticipate meaningful cash tax benefits
over the next several years."

In addition to the $930 million in cash, the company also paid 18
million shares of Sealed Air common stock, with a value of more
than $540 million.

The claims against Sealed Air grew out of its $4.3 billion
purchase of Cryovac, a flexible packaging business, from W.R.
Grace in 1998. Some plaintiffs accused W.R. Grace of fraudulently
transferring assets to Sealed Air "to the detriment of creditors
holding asbestos claims against Grace."

Sealed Air agreed in 2002 to pay $512 million to settle the
claims, but that agreement was held up by litigation over the W.R.
Grace bankruptcy, which dragged on for almost 13 years, in what is
believed to be the longest bankruptcy in U.S. history.

Sealed Air's payment grew to $930 million because of interest. The
total value of the W.R. Grace-related asbestos trusts, which will
be used to pay people injured by asbestos, is almost $4 billion.

In a research note, analysts Ghansham Panjabi and Mehul Dalia of
R.W. Baird said the resolution of the W.R. Grace agreement is
worth about $2 a share to Sealed Air, because Sealed Air will no
longer face interest costs on the settlement, and it will be able
to take a tax deduction for the settlement amount.

The analysts called the event "a modest positive" for Sealed Air

W.R. Grace, a Columbia, Md.-based chemical and materials
manufacturer that was founded in 1854, was hit hard by asbestos
injury litigation.

From 1963 to 1990, the company owned a mine in Libby, Mont., that
extracted vermiculite, a mineral used for insulation. The mining
operation allegedly caused the release of up to 5,000 pounds of
asbestos a day, exposing nearby residents to the cancer-causing

The tens of thousands of asbestos claims filed against W.R. Grace
include some from people exposed to it near the mine, as well as
from others who say they used W.R. Grace products that contained
vermiculite and asbestos.

Sealed Air, which had revenues of $7.6 billion in 2012, makes
packaging, cleaning and hygiene products. It has about 25,000

Its stock rose 38 cents Feb. 4 to close at $30.41.

ASBESTOS UPDATE: Council OKs Fibro Removal at Lee Building
Charles Oliver, writing for The Dalton Citizen, reported that the
council in Dalton City, Illinois, voted 3-0 to award a $43,690
contract to Kadima, a Buford-based company, to remove asbestos and
other hazardous materials from the Lee Printing building on
Hamilton Street.

Council member Tate O'Gwin was absent, and Mayor David Pennington
generally votes only in the event of a tie. The building, which
has been empty for over a decade, was donated to the city last
year by Lee Deal LLC and McNeese Properties.

"We plan to tear it down, and we need to get that stuff out of
there first," Pennington said. "We hope to attract a private
developer who'd like a site right there in the middle of town."

Public Works Director Benny Dunn said Kadima should be finished by
Feb. 20.

Council members also voted 3-0 to:

   * Approve a contract with Marietta-based WFN Consulting to
manage the city's community development block grant (CDBG)
program. The company will be paid based on the amount and type of
work it does, with fees for most of its services set at $125 an

   * Approve alcohol beverage licenses for the Dalton Courtyard
Bar on College Drive and Las Fiestas on Cleveland Highway.

Council members and Keep Dalton-Whitfield Beautiful recognized
Steve and Beth Laird for their efforts to pick up trash and keep
their neighborhood litter free.

ASBESTOS UPDATE: Judge Awards Summary Judgment to 2 Shipbuilders
HarrisMartin Publishing reports that the court overseeing the
national Asbestos Products Liability Multidistrict Litigation
docket has awarded summary judgment to two shipbuilders,
reiterating that a ship is not a "product" under strict product
liability law.

In separate Jan. 29 opinions, the U.S. District Court for the
Eastern District of Pennsylvania also found that the plaintiff's
negligence claims failed since he failed to provide evidence that
the defendants knew of asbestos hazards.

Plaintiff David Filer asserted the claims, contending that he was
exposed to asbestos while serving in the U.S. Navy. Both General
Dynamics Corporation and Huntington Ingalls Inc. moved to dismiss
the case.

ASBESTOS UPDATE: Fibro to be Removed From Iroquois Admin Center
Wendy Davis, writing for Times-Republic Online, reported that
asbestos will soon be removed from the roof of the administrative
center in Iroquois County, Illinois.

This will be the first step in dealing with the leaking drains and
roof, said maintenance supervisor Larry Pankey at an Iroquois
County Board Management Services committee meeting.

ASBESTOS UPDATE: Burnham Fire Sparks Fibro Fears
Tom Wright, writing for The Weston Mercury, reported that asbestos
fears have been raised following a fire.  Crews were called to
Oxford Street in Burnham, in England.  They found a fire in the
garage and outbuilding and extinguished the blaze while removing
nearby gas cylinders.

Environmental health teams were informed of the fire because
'minor' asbestos was discovered at the scene.

Avon and Somerset Constabulary also attended although Devon Fire
and Rescue Service said the cause of the fire is unknown.

ASBESTOS UPDATE: Calif. Appeals Court Flips Ruling in "Kent" Suit
Donald Kent and his wife Lisa Kent took an appeal from a summary
judgment in favor of Warren Pumps, LLC, in a personal injury
action involving exposure to asbestos.  The Plaintiffs contend
that Warren failed to satisfy its initial burden as the party
moving for summary judgment to show that they could not establish
that Mr. Kent was exposed to asbestos in products manufactured or
supplied by Warren.  The Plaintiffs also contend the evidence
creates a triable issue of fact on this issue in any event.

In a decision dated Jan. 16, 2014, the Court of Appeals of
California, Second District, Division Three, concluded that Warren
failed to satisfy its initial burden as the party moving for
summary judgment.  Warren argues that Mr. Kent has no personal
knowledge that the orders for parts were actually fulfilled by
Warren.  The Court of Appeals concluded that this goes to the
weight of the evidence and does not preclude the trier of fact
from reasonably concluding that parts ordered from Warren were
supplied by Warren.  Accordingly, the Court of Appeals reversed
the judgment.

The case is DONALD KENT et al., Plaintiffs and Appellants, v.
WARREN PUMPS, LLC, Defendant and Respondent, NO. B243832 (Cal.
App.).  A full-text copy of the Decision is available at
http://is.gd/zXH16Mfrom Leagle.com.

Plaintiffs and Appellants are represented by:

         Brian P. Barrow, Esq.
         301 East Ocean Blvd., Suite 1950
         Long Beach, California 90802
         Tel: 562-590-3400
         Fax: 562-590-3412

Michael Pietrykowski, Esq. -- mpietrykowski@gordonrees.com -- at
Gordon & Rees; and Laurie J. Hepler, Esq. -- lhepler@cbmlaw.com --
and Gonzalo C. Martinez, Esq. -- gmartinez@cbmlaw.com -- at
Carroll, Burdick & McDonough, in San Francisco, California, for
Defendant and Respondent.

ASBESTOS UPDATE: Delaware Court Dismisses "Fluitt" Action
Judge Paul R. Wallace of the Superior Court of Delaware, New
Castle County, granted Advance Auto Parts, Inc., et al.'s motion
to dismiss a lawsuit alleging, among other things, that Ira Fluitt
developed lung cancer as a result of wrongful exposure to

According to Judge Wallace, the Parties do not dispute that Mr.
Fluitt is a "smoker," as that term is defined by the Asbestos and
Silica Compensation Fairness Act.  Thus, Florida law requires the
Plaintiffs to plead each of the essential elements of a prima
facie asbestos claim for a smoker, Judge Wallace said.  Because
the Plaintiffs have not met that standard, the Complaint is
dismissed, Judge Wallace ruled.

The case is IN RE: ASBESTOS LITIGATION relating to IRA FLUITT and
Defendants, C.A. NO. N12C-07-241 ASB (Del. Sup.). A full-text copy
of Judge Wallace's Order dated Jan. 29, 2014, is available at
http://is.gd/CAIlg3from Leagle.com.

ASBESTOS UPDATE: Court Directs Widow to Reveal Claim Forms
In August 2013, Defendant Crane Co. filed a Motion for
Reconsideration, in which Crane renewed its discovery request for
claim forms submitted by Plaintiff Rosie K. Sweredoski to asbestos
bankruptcy trusts on behalf of her late husband, Douglas A.
Sweredoski.  On November 18, 2013, the Superior Court of Rhode
Island, Providence S.C., issued an initial ruling, which ordered
an in camera review of the claim forms in order to determine
whether they were properly discoverable or whether a privilege
applied to preclude Crane's discovery request.  At the same time,
that ruling reaffirmed the Court's original holding that the
disputed claim forms are not discoverable for Crane's originally-
articulated purpose of showing that Sweredoski's illness was
caused by a non-party to this suit.

After reconsidering the parties' arguments and conducting an in
camera review of the claim forms, the Court found that the
documents are discoverable for a limited evidentiary purpose.

Specifically, the Court held that to the extent that information
in the claim forms demonstrates non-party liability, nothing in
the instant decision should be taken to alter the Court's prior
findings that such information is neither relevant to nor
reasonably calculated to lead to the discovery of admissible
evidence relating to the Plaintiff's burden of proof on the issue
of causation.  Rather, the ruling is limited to the
discoverability of the Plaintiff's claim forms.

The Court ordered the Plaintiff to submit to Crane all claim forms
and other supporting documentation supported by the Plaintiff or
their attorneys on their behalf to asbestos bankruptcy trusts
relating to claims of Sweredoski's injuries from asbestos
exposure.  In the event the bankruptcy trust documents contain
specific instances of offers of compromise, as opposed to factual
assertions, the Plaintiff may withhold the information and
documentation.  Additionally, the Plaintiff need not produce to
Crane any documents provided by the bankruptcy trusts to the
Plaintiff or any documentation revealing any amounts paid to the
Plaintiff by any bankruptcy trust.

1544 (R.I. Super.). A full-text copy of the Jan. 30, 2014,
decision penned by Presiding Judge Alice Gibney is available at
http://is.gd/MjoYJxfrom Leagle.com.

Robert J. Sweeney, Esq., For Plaintiff.  David A. Goldman, Esq.,
Kendra A. Christensen, Esq., For Defendant.

ASBESTOS UPDATE: Summary Judgment Bid in Pa. Suit Partially Okayed
Judge Eduardo C. Robreno of the U.S. District Court for the
Eastern District of Pennsylvania granted, in part, and denied, in
part, the motion for summary judgment filed by Defendant Puget
Sound Commerce Center, Inc., f/k/a Todd Shipyards Corporation, in
the asbestos exposure lawsuit styled BARRY KELLY and, MOLLY KELLY,
Plaintiffs, v. CBS CORPORATION, ET AL., Defendants, MDL NO. 875,
CASE NO. 11-03240, CIVIL ACTION NO. 2:11-67269-ER (E.D. Pa.).

Judge Robreno ruled that Todd Shipyards is entitled to summary
judgment with respect to the Plaintiffs' strict product liability
claims because a Navy ship is not a "product" within the meaning
of strict product liability law.  With respect to the Plaintiffs'
remaining negligence-based claims, Todd Shipyards has not
established that it is entitled to summary judgment on any of the
other bases it has asserted, Judge Robreno said, pointing out
that: (1) the Defendant has failed to identify the absence of a
genuine dispute of material fact with respect to the Plaintiffs'
negligence claim; (2) the Plaintiff has produced evidence to
controvert the Defendant's proofs regarding the availability to
the Defendant of the government contractor defense; and (3) Todd
Shipyards has not presented evidence to establish that Mr. Kelly
was a sophisticated user of the asbestos-containing products at
issue as is required to support the sophisticated user defense
under maritime law.

Judge Robreno's Decision dated Jan. 29, 2014, is available at
http://is.gd/rXI0TXfrom Leagle.com.

ASBESTOS UPDATE: Court Remands Fibro-Related Disability Suit
Gerald Tarr filed applications for Disability Insurance Benefits
and Supplemental Security Income payments under Title II and XVI
of the Social Security Act.  In his applications, Tarr alleged an
inability to work since December 5, 2007, due to history of
asbestos exposure.

After the Commissioner of Social Security initially denied his
applications and upon reconsideration, Tarr had a hearing before
an Administrative Law Judge, which initially denied existence of

The Plaintiff requested review of the ALJ's decision, and the
Appeals Council remanded the matter for further administrative
proceedings.  Following a hearing, the ALJ issued a partially
favorable decision on May 15, 2013, finding that the plaintiff's
disability commenced December 22, 2010.

The Plaintiff makes one challenge to the ALJ's Decision.  He
solely alleges the ALJ erred by finding a later disability onset
date without the testimony of a medical expert as required under
Social Security Ruling 83-20.

Magistrate Judge Stephen J. Hillman of the U.S. District Court for
the Central District of California concluded that the decision of
the Commissioner should be reversed and remanded the case for
further proceedings.

In light of SSR 83-20, In re Armstrong v. Commissioner of Social
Security Administration, 150 F.3d 587, 589, (9th Cir. 1998),
Tarr's long history of asbestos exposure dating back to 1998,
other medical evidence and Tarr's personal reports of his
progressively deteriorating state of health prior to December 22,
2010, the magistrate judge concluded Tarr's disability onset date

The court therefore reversed the ALJ's decision and remanded the
case with directions to the ALJ to call a medical expert to
determine when Tarr became disabled.  SSR 83-20, according to the
magistrate judge, requires that the ALJ assist Tarr in creating a
complete record that forms the basis for the correct onset date.
The ALJ can fulfill this duty by calling a medical expert as
required under SSR 83-20.

The case is GERALD TARR, Plaintiff, v. CAROLYN W. COLVIN, Acting
Commissioner of Social Security, Defendant, NO. CV 13-2799-SH
(C.D. Calif.).  A full-text copy of the magistrate judge's
memorandum decision and order dated Jan. 28, 2014, is available at
http://is.gd/rK5YCUfrom Leagle.com.

ASBESTOS UPDATE: Court Denies Violator's Plea to Vacate Sentence
An indictment charged Guy Gannaway with conspiring to violate the
Clean Air Act, in violation of 40 C.F.R. Sections 61.145(c)(1)),
(c)(8), 42 U.S.C. Section 7413(c)(1), and 18 U.S.C. Section 1001,
violating the Clean Air Act based on multiple failures to comply
with asbestos work practice standards, in violation of 42 U.S.C.
Section 7413(c)(1), and making false statements, in violation of
18 U.S.C. Section 1001.  On Jan. 27, 2011, a jury convicted
Gannaway and sentenced him to a concurrent term of 90 days
imprisonment on each conviction to be followed by three years of
supervised release.  Gannaway appealed his convictions.  On
May 23, 2012, the United States Court of Appeals for the Eleventh
Circuit affirmed Gannaway's convictions.  Gannaway filed with the
U.S. District Court for the Middle District of Florida, Tampa
Division, a motion to vacate, set aside or correct sentence.

District Judge James S. Moody, Jr., denied Gannaway's motion,
holding that the case warrants no evidentiary hearing because "it
plainly appears from the face of the motion and any annexed
exhibits and prior proceedings in the case that the movant is not
entitled to relief."

Respondent, CASE NO. 8:13-CV-1635-T-30MAP, CRIM. CASE NO. 8:10-CR-
59-T-30MAP (M.D. Fla.).  A full-text copy of Judge Moody's
Jan. 30, 2014, order is available at http://is.gd/BWSDgJfrom

ASBESTOS UPDATE: Court Rules on Summary Judgment Bids in "Filer"
Judge Eduardo C. Robreno of the U.S. District Court for the
Eastern District of Pennsylvania on Jan. 29, 2014, granted the
motions for summary judgment filed separately by defendants
General Dynamics Corporation and Huntington Ingalls in the
asbestos-related personal injury lawsuit captioned DAVID FILER,
Plaintiff, v. FOSTER WHEELER LLC ET AL., Defendants, MDL NO. 875,
CASE NO. 12-00514, CIVIL ACTION NO. 2:12-60034-ER (E.D. Pa.).

In support of his decision, Judge Robreno held that, under
maritime law, a builder of a Navy ship, like General Dynamics and
Huntingon, is liable in negligence if it failed to exercise
reasonable care under the circumstances.  In light of the long-
standing and well-established rule of law, the Defendants' motions
for summary judgment on the Plaintiffs' negligence claims on
grounds that there was no duty to warn the Plaintiffs about the
hazards of the products installed aboard Navy ships is denied.  On
the other hand, the Defendants' motions for summary judgment on
the Plaintiffs' strict liability claims are granted because, as
set forth in Mack v. General Electric Co., 896 F.Supp.2d 333 (E.D.
Pa. 2012) (Robreno, J.), a Navy ship is not a product within the
meaning of strict product liability law.

Full-text copies of Judge Robreno's Orders are available at
http://is.gd/8ONflKand http://is.gd/145mc5from Leagle.com.

A full-text copy of the memorandum explaining Judge Robreno's
orders is available at http://is.gd/BRp89Lfrom Leagle.com.

ASBESTOS UPDATE: Huntington's Bid to Dismiss "Hilt" Suit Granted
Judge Eduardo C. Robreno of the U.S. District Court for the
Eastern District of Pennsylvania granted defendant Huntington
Ingalls' motion for summary judgment in the asbestos-related
personal injury lawsuit captioned GERALDINE HILT, ET AL.,
Plaintiffs, v. FOSTER WHEELER LLC, ET AL., Defendants, MDL NO.
875, CASE NO. 11-02367, CIVIL ACTION NO. 2:11-66273-ER (E.D. Pa.).

Defendant Huntington Ingalls argues that the Plaintiffs have no
evidence of asbestos exposure for which it is liable.  The
Plaintiffs have presented evidence from Horace Owens that Decedent
Robert Hilt was exposed to respirable dust from thermal insulation
surrounding steam pipes aboard the USS Midway.  However, there is
no evidence that this insulation contained asbestos.

The Plaintiffs' expert, Charles Ay, confirms that there was
asbestos insulation aboard the ship.  However, he does not
identify the steam pipe insulation to which the Decedent was
exposed as being asbestos insulation and provides no expert
opinion testimony as to whether or why steam pipe insulation would
have contained asbestos.  Moreover, there is no evidence that the
Decedent was exposed to respirable dust from any asbestos-
containing insulation aboard the ship.  Mr. Ay opines that it
would be virtually impossible for Decedent (or anyone else serving
aboard the ship) to have avoided exposure to respirable asbestos
dust because there was so much asbestos insulation aboard the

According to Judge Robreno, under maritime law, this evidence is
insufficient.  Without evidence that the Decedent was actually
exposed to respirable dust from asbestos-containing insulation
aboard the ship, no reasonable jury could conclude from the
evidence that the Decedent was exposed to asbestos-containing
insulation so that it was a substantial factor in the development
of his illness, because any such finding would be based on
conjecture.  Accordingly, summary judgment in favor of the
Defendant is warranted with respect to all of Plaintiffs' claims
against it, Judge Robreno concluded.

A full-text copy of Judge Robreno's Jan. 29, 2014, order is
available at http://is.gd/TlDqV2from Leagle.com.

ASBESTOS UPDATE: Court Narrows Claims in "Founds" Suit
Judge Eduardo C. Robreno of the U.S. District Court for the
Eastern District of Pennsylvania denied the Motion for Summary
Judgment of Defendant Puget Sound Commerce Center, Inc., f/k/a
Todd Shipyards Corporation, in the asbestos-related personal
injury lawsuit captioned MARJORIE FOUNDS, Plaintiff, v. FOSTER
WHEELER LLC, ET AL., Defendants, NO. MDL 875, CASE NO. 11-02212,
CIVIL ACTION NO. 2:11-67265-ER (E.D. Pa.).

Judge Robreno concluded that the Defendant is entitled to summary
judgment with respect to the Plaintiff's strict product liability
claims because a Navy ship is not a "product" within the meaning
of strict product liability law.  With respect to the Plaintiff's
remaining negligence-based claims, the Defendant has not
established that it is entitled to summary judgment on any of the
other bases it has asserted for the following reasons: (1) the
Defendant has failed to identify the absence of a genuine dispute
of material fact with respect to the Plaintiff's negligence claim
because the Plaintiff has identified sufficient evidence to
support a negligence claim; (2) the Plaintiff has produced
evidence to controvert Defendant's proofs regarding the
availability to the Defendant of the government contractor
defense; and (3) Todd Shipyards has not presented evidence to
establish that the Plaintiff was a sophisticated user of the
asbestos-containing products at issue as is required to support
the sophisticated user defense under maritime law.

A full-text copy of Judge Robreno's Jan. 29, 2014, order is
available at http://is.gd/GKQrTUfrom Leagle.com.

ASBESTOS UPDATE: 6 Defendants Dropped From "Yates" Suit
Judge Louise W. Flanagan of the U.S. District Court for the
Eastern District of North Carolina, Western Division, granted the
motions for summary judgment filed by six defendants in an
asbestos-related personal injury lawsuit after determining that
the plaintiff has presented few or no evidence detailining the
manner of exposure or the level of asbestos in the products
manufactured or distributed by the six defendants.  Judge
Flanagan, however, held in abeyance decisions on the motions for
summary judgment filed by two defendants pending the defendants'
address of arguments offered by the plaintiffs in response to its

The case is GRAHAM YATES and BECKY YATES, Plaintiffs, v. AIR &
LIQUID SYSTEMS CORPORATION, successor by merger to Buffalo Pumps,
Inc., individually and as successor-in-interest to The Delaval
INC.; BORG-WARNER MORSE TEC, INC., individually and as successor-
in-interest to Borg-Warner Corporation; CBS CORPORATION, a
Deleware Corporation formerly known as Viacom, Inc. (sued as
successor by merger to CBS Corporation) formerly known as
Westinghouse Electric Corporation; CRANE CO.; CROWN CORK & SEAL
COMPANY, INC., individually and as successor-in-interest to Mundet
also known as Elliot Company; FLOWSERVE US INC., individually and
as successor-in-interest to Edward Valve, Inc.; FMC CORPORATION,
individually and as successor-in-interest to Northern Pump Company
formerly known as Northen Fire Apparatus Company; FORD MOTOR
INTERNATIONAL, INC., successor-in-interest to Bendix Corporation;
successor-in-interest to Delaval Turbine, Inc.; JOHN CRANE, INC.;
MCNALLY INDUSTRIES, LLC, individually and as successor-in-interest
to Northern Fire Apparatus Company; METROPOLITAN LIFE INSURANCE
COMPANY; UNICOAT SALES LLC, individually and as successor-in-
interest to KST Coatings LLC formerly known as KST Coatings
formerly known as Atwood & Morrill; THE WILLIAM POWELL COMPANY;
and YARWAY CORPORATION; Defendants, NO. 5:12-CV-752-FL (E.D.N.C.).

A full-text copy of Judge Flanagan's Jan. 30, 2014, order is
available at http://is.gd/otwijDfrom Leagle.com.

ASBESTOS UPDATE: Crane Co.'s Bid to Dismiss "Brumley" Suit Denied
Crane Co. moved for summary judgment dismissing the complaint and
all other claims asserted against it on the ground that plaintiffs
Carol Brumley, et al., have not shown that decedent Daniel R.
Brumley was exposed to asbestos from working on or around any
products manufactured by Crane or the Pacific boilers of which the
Plaintiffs complain.  Crane also argues that it is not liable for
asbestos-containing products that Pacific did not manufacture,
supply or specify for use with its products.

The Plaintiffs' position is that the testimony raises a material
issue of fact whether the decedent was exposed to asbestos from
Pacific boilers and that Pacific knew or should have known that
asbestos-containing insulation would be integrated with its
boilers for their intended use.

In a decision and order dated Feb. 5, 2014, Judge Sherry Klein
Heitler of the Supreme Court, New York County, denied Crane's
motion in its entirety, noting that all of Crane's submissions
pertain to itself and not to Pacific and that the Plaintiffs'
submissions indicate that during the late 1920s and early 1930s
Pacific specifically called for the insulation of its boilers with
asbestos.  Crane has admitted that Pacific is a product line
belonging to the company.

The case is CAROL BRUMLEY, as Administratrix for the Estate of
DANIEL R. BRUMLEY, and CAROL BRUMLEY, Individually, Plaintiffs, v.
190101/13, MOTION SEQ. NO. 001 (N.Y. Sup.).  A full-text copy of
Judge Heitler's Decision is available at http://is.gd/aExAd3from


S U B S C R I P T I O N  I N F O R M A T I O N

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