/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/150911.mbx C L A S S A C T I O N R E P O R T E R Friday, September 11, 2015, Vol. 17, No. 182 Headlines AAC Holdings: Pomerantz LLP Files Securities Class Suit AIR CANADA: Air Fuel Surcharge Class Suit Dismissed ANDREW AND WILLIAMSON: Recalls Cucumbers Due to Salmonella ASHLEY MADISON: Famed Prosecutor Claims 'No Crime' ATP OIL: Pension Fund's Securities Class Suit Dismissed AUSSIE BOOMERANG: Faces "Smith" Suit Over Failure to Pay Overtime BEATS MUSIC: Suit Over Unsolicited Text Referred to Arbitration BLYTH INC: Faces "Gauthier" Suit Over Proposed Carlyle Merger BRENDAN STANTON: Faces "Ramoutar" Suit Over Failure to Pay OT CALIFORNIA: Inmates and Lawyers Against Solitary Confinement CATAMARAN HEALTH: Faces "Hine" Suit Over Disability Policy CELLADON CORP: Howard G. Smith Files Securities Class Suit CHARTER COMMUNICATIONS: Block & Leviton Files Class Action Suit CHICAGO WHITE SOX: "Senne" Plaintiffs Seek Transfer to Calif. CIRCLE K: Suit Over Unpaid OT Wages May Proceed as Class Action CIRCLE Z: "Perry" Suit Seeks to Recover Unpaid Overtime Wages CLASSIC SOUTHERN: Faces "Rios" Suit Over Failure to Pay Overtime COMMUNITY HOME: Suit Seeks to Recover Unpaid Overtime Wages CONFORMIS INC: Sued in Mass Over Misleading Financial Reports CONSUMERTRACK INC: Sued Over Alleged Gender Discrimination CORNER BAR: "Squires" Suit Seeks to Recover Unpaid Overtime Wages DETROIT, MI: Court Dismisses Prison Sexual Abuse Class Suit DORAL FINANCIAL: Investors' Suit vs. Wakeman, Wahlman Continues DOT HILL: Faces "Shen" Suit in Del. Over Proposed Seagate Merger EAT GOOD: Faces "Calle" Suit Over Failure to Pay Overtime Wages EDISON INT'L: Andrews & Springer Files Securities Class Suit EDISON INT'L: Bronstein Gewirtz Files Securities Class Suit EL POLLO LOCO: Federman & Sherwood Files Securities Class Suit EL POLLO LOCO: Rosen Law Firm Files Securities Class Suit FERRANDINO & SON: Faces "Devlin" Suit Over Failure to Pay OT FOOD NATION: Recalls Sun Dried Tomato Products Due to Sulfites FORD MOTOR: Auto Companies Faces 'Keyless Ignition' Class Suit GENERAL MOTORS: Bledsoe Plaintiffs' Post-Judgment Bids Denied GENERAL MOTORS: Bids to Withdraw Reference Allowed to Proceed GOODYEAR TIRE: Sued in Cal. Over Inaccurate Wages Statements HAL COLLUMS: Faces "Lopez" Suit Over Failure to Pay Overtime HONEST COMPANY: Faces "Rubin" Suit Over Product Misbranding JIM'S ANTIQUES: "O'Brien" Suit Seeks to Recover Unpaid Overtime KENKLEEN CORP: "Rios" Suit Seeks to Recover Unpaid Overtime Wages KING MANAGEMENT: "Rayos" Suit Seeks to Recover Unpaid Overtime LA CANASTA: Faces "Reyes" Suit Over Failure to Pay Overtime Wages LBS PETROLEUM: DaSilva Law Firm Files Securities Class Suit LEGEND ENERGY: Faces "Booker" Suit Over Failure to Pay Overtime LINCOLN NATIONAL: Sued in Ind. Over Disability Insurance Policy M&B LOUNGE: Faces "Simpson" Suit Over Failure to Pay Overtime MASTEC NORTH: "Neary" Suit Seeks to Recover Unpaid OT Wages MDC PARTNERS: September 29 Lead Plaintiff Bid Deadline NATIONAL FOOTBALL: Faces Jammers Suit Over NFL Sunday Games NAUTICA TRANSPORT: Faces "Diaz" Suit Over Failure to Pay Overtime NESTLE INDIA: Will Try to Bring Back Maggi By Year End NEW FIGUEROA: Sued Over Failure to Provide Workers Rest Period NORTHWEST BIO: Pomerantz LLP Files Securities Class Suit OKLAHOMA: Couple Files Class Suit Over Indian Child Welfare Act PANASONIC CORP: Faces MakersLED Suit Over Resistor-Price Fixing PAUL EDWARD KOCH: Court Dismisses Counterclaims in FDCPA Suit PLAINS ALL: Hagens Berman Files Securities Fraud Class Suit PRO OILFIELD: Faces "McDonald" Suit Over Failure to Pay Overtime RASPADOS DON: Faces "Ibarra" Suit Over Failure to Pay Overtime SOULCYCLE: Faces Class Suit Over Forfeiture of Unused Passes TIME WARNER: Illegally Retains Customers Personal Info, Suit Says TRINET GROUP: Glancy Prongay Files Securities Class Suit TRULAND GROUP: Agrees to Settle Former Employees' Class Suit TSA STORES: Removed "Gomez" Suit to Central District California TUBULAR SOLUTIONS: Faces "Ducote" Suit Over Failure to Pay OT UBER INC: Illegally Procures Consumer Reports, Action Claims UNITED STATES: Agriculture Secretary Sued Over APA Violation VEERINDER S. ANAND: Court Wants Paraplegic's ADA Suit Amended VELOCITY EXPRESS: Court Denies Bid to Amend April 2015 Order WASHINGTON: Too Many in Jails Awaiting Competency Services WAYFAIR INC: Faces "Jenkins" Suit Over Misleading Fin'l Reports WINDY PIZZA: Faces "White" Suit Over Failure to Pay Overtime YALE ENFORCEMENT: Faces "Lewis" Suit Over Failure to Pay Overtime ZULILY INC: Faces "Pisano" Suit Over Misleading Financial Reports * AUSTRALIA: New Kids on Class Action Block 'Carry Risk' Asbestos Litigation ASBESTOS UPDATE: Fibro Ban in Sweden Drops Mesothelioma Cases ASBESTOS UPDATE: Toxic Dust May Cause Health Risk in Pacific ASBESTOS UPDATE: NY Judge Sets New Rules for Fibro Suits ASBESTOS UPDATE: Aussie Agency Finds Fibro in Imports ASBESTOS UPDATE: Deadly Dust Found in Renovated Homes ASBESTOS UPDATE: Waste Company Fined $11K for Storing Fibro ASBESTOS UPDATE: Fibro Found in NY High School Auditorium ASBESTOS UPDATE: Barking Riverside Construction Halted by Fibro ASBESTOS UPDATE: Victim's Widow Calls for Witnesses in PI Suit ASBESTOS UPDATE: Colo. Residents Worry Over Deadly Dust Exposure ASBESTOS UPDATE: Fibro Delays City Mission Housing Opening ASBESTOS UPDATE: Fibro Causes Death of Brixham Electrician ASBESTOS UPDATE: Toxic Dust Deaths Increases, EWG Report Says ASBESTOS UPDATE: Toxic Dust Found at Rhos Primary School ASBESTOS UPDATE: Roadwork Crew Dumps Fibro in Toowoomba Park ASBESTOS UPDATE: Contractor in Probation in Contamination Case ASBESTOS UPDATE: Australia Gets First Fibro Management Plan ASBESTOS UPDATE: Fibro Found in Community Hospital Project Site ASBESTOS UPDATE: Anglian Ltd Fined for Selling Boiler with Fibro ASBESTOS UPDATE: Gov't Knew of Fibro Risk in Nauru Prison ASBESTOS UPDATE: Pensioners Died After Fibro Exposure ASBESTOS UPDATE: MSU Faces Fibro Negligence Class Suit ASBESTOS UPDATE: Scottish Govt Called to Address Fibro Issue ASBESTOS UPDATE: Apache Tribe Conducts Toxic Dust Clean-up ASBESTOS UPDATE: Port Terminal Sued Over Employee's Fibro Death ASBESTOS UPDATE: Family Sues Chevron Over Fibro-Caused Death ASBESTOS UPDATE: Fibro Ruling Fuels Bogus Claims ASBESTOS UPDATE: Fibro Found in Hundreds of Shropshire Buildings ASBESTOS UPDATE: White Collar Workers Warned of Mesothelioma ASBESTOS UPDATE: Coles Closes Site Due to Toxic Dust ASBESTOS UPDATE: Kingston Man Appeals for Info on Father's Death ASBESTOS UPDATE: Watts Water Has 250 Fibro Suits at March 29 ASBESTOS UPDATE: Roper Tech Continues to Defend Fibro Claims ASBESTOS UPDATE: W.R. Grace Accrues $400K for Two PD Claims ASBESTOS UPDATE: Con Edison Accrues $8-Mil. Fibro Liability ASBESTOS UPDATE: Con Edison's CECONY Accrues $7MM Fibro Liability ASBESTOS UPDATE: Con Edison Accrues $50MM Rupture Liability ASBESTOS UPDATE: Noble Corp. Has 45 Fibro Lawsuits at March 31 ASBESTOS UPDATE: Houston Wire Continues to Defend PI Lawsuits ASBESTOS UPDATE: Huntington Ingalls Continues to Defend PI Cases ASBESTOS UPDATE: Bus Mechanic Dies of Fibro Cancer ASBESTOS UPDATE: Victim Groups Divided Over Abolition of Board ASBESTOS UPDATE: Fibro-Action Disclosure Bill Introduced in House ASBESTOS UPDATE: Ruling Clarifies Federal Removal Trigger ASBESTOS UPDATE: NSW Gov't to Wind Up Board on Fibro Victims ASBESTOS UPDATE: Calif. Court Awards Summary Judgment to Crane Co ASBESTOS UPDATE: Fibro Exposure Leads to Court Action ASBESTOS UPDATE: Attys Argue Adding More Defendants to Fibro Suit ASBESTOS UPDATE: EPA Alleges Improper Fibro Removal at Plant ASBESTOS UPDATE: Retailers Responded to Fibro in Toys, Dems Say ASBESTOS UPDATE: Victims' Families Call for Better Screening ASBESTOS UPDATE: Woman Finds Fibro Following Husband's Death ASBESTOS UPDATE: Fibro Illegally Dumped at Aussie Hospital Site ASBESTOS UPDATE: Rio Tinto Loses Court Appeals vs. Fibro Pay ASBESTOS UPDATE: Toxic Found in Orange High School Auditorium ASBESTOS UPDATE: Ill. Company Exposed Mexican Workers to Fibro ASBESTOS UPDATE: Kentucky Fibro Case Tainted by Suits ASBESTOS UPDATE: Fibro Verdict Reversed on Appeal ASBESTOS UPDATE: Construction Cos. Face Nearly $2-Mil. Fine ASBESTOS UPDATE: Millbury Facility Fined for Fibro Violations ASBESTOS UPDATE: Study Quantifies Mesothelioma Risk After Closure ASBESTOS UPDATE: Gardai Warning Over Fibro Risk in Cigarettes ASBESTOS UPDATE: Research Shows Cancer Cases Have Not Declined ASBESTOS UPDATE: Thika Residents Exposed to Dumped Fibro ASBESTOS UPDATE: Group Targets Ambler's Fibro History, Legacy ASBESTOS UPDATE: Judge Rules Out More Defendants in Fibro Suit ASBESTOS UPDATE: Fibro Kills Derby Concert Orchestra Founder ASBESTOS UPDATE: Jury Awards Oxford Family for Fibro Death ASBESTOS UPDATE: Darwin School Closed Following Fibro Find ASBESTOS UPDATE: ADAO Calls for Probe by US GAO ASBESTOS UPDATE: New Threats Affect Vets, Workers, Children ASBESTOS UPDATE: Central Mass Fined $37K for Fibro Violations ASBESTOS UPDATE: NJ Ex-Judge Alleging Courthouse Fibro Dies ASBESTOS UPDATE: Auckland Company Fined After Fibro Scare ASBESTOS UPDATE: Court Strengthens Sole Proximate Cause Defense ASBESTOS UPDATE: Deadly Dust Found at Undercliff Drive ASBESTOS UPDATE: Contractor Could Face Criminal Charges ASBESTOS UPDATE: Toxic Dust Dumped at Peterborough Foot Path ASBESTOS UPDATE: Inquests Open Into Three Fibro Deaths ASBESTOS UPDATE: Former Steelworker Contracts Fibro Disease ASBESTOS UPDATE: Plymouth Has High Lung Cancer Mortality Rate ASBESTOS UPDATE: Ill. Couple's Suit Alleges Exposure to Fibro ASBESTOS UPDATE: Sunderland Has High Fibro Mortality Rate ASBESTOS UPDATE: Conman Exposes Perth Residents to Toxic Dust ASBESTOS UPDATE: Toxic Dust Removed at Indiana Uni Bldg. ASBESTOS UPDATE: 2 Cos. Fail to Win Summary Judgment in PI Suit ASBESTOS UPDATE: Bid to Reconsider Dismissal of "Southern" Denied ASBESTOS UPDATE: Final Judgment Renders Appeal Moot, Ct. Rules ASBESTOS UPDATE: "Uribes" Remanded to Calif. Superior Court ASBESTOS UPDATE: John Crane Wins Summary Judgment in "Young" ASBESTOS UPDATE: Cabot Corp. Has 40,000 AO Respiratory Claimants ********* AAC Holdings: Pomerantz LLP Files Securities Class Suit ------------------------------------------------------- Pomerantz LLP announces that a class action lawsuit has been filed against AAC Holdings, Inc. and certain of its officers. The class action, filed in United States District Court, Middle District of Tennessee, is on behalf of a class consisting of all persons or entities who purchased AAC securities between October 2, 2014 and August 3, 2015 inclusive (the "Class Period"). This class action seeks to recover damages against Defendants for alleged violations of the federal securities laws under the Securities Exchange Act of 1934 (the "Exchange Act"). If you are a shareholder who purchased AAC securities during the Class Period, you have until October 23, 2015 to ask the Court to appoint you as Lead Plaintiff for the class. A copy of the Complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Robert S. Willoughby at rswilloughby@pomlaw.com or 888.476.6529 (or 888.4-POMLAW), toll free, ext. 9980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and number of shares purchased. AAC operates treatment facilities which provide inpatient substance abuse treatment for individuals with drug and alcohol addiction. AAC operates treatment facilities throughout the United States. The Complaint alleges that throughout the Class Period, Defendants made false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants made false and misleading statements and failed to disclose material information, including with respect to legal proceedings brought against subsidiaries of the Company and several former and one current employees, including its President at the time, Jerrod N. Menz. On October 1, 2014 AAC went public by selling 5 million shares of its common stock to public investors at a price of $15 per share. The stock began to trade on the New York Stock Exchange ("NYSE") on October 2, 2014. In its Form S-1 Registration Statement declared effective by the SEC on October 1, 2015 (the "S-1"), AAC disclosed that it was "not aware of any legal proceedings the ultimate outcome of which, in our judgment based on information currently available, would have a material adverse effect on our business, financial condition or results of operations."' AAC also disclosed that it is dependent on its senior management and that if any of them departed from the Company, it could have an adverse impact on the Company and its operations. Additionally, AAC disclosed that if its treatment centers in California, Nevada and Texas were closed, it would have a material adverse impact on the Company. Known to, but undisclosed by Defendants, was that the California Department of Justice was investigating the death of a patient at AAC's Forterus treatment facilities in California. Specifically, a grand jury was impanelled to investigate AAC President Jerrod N. Menz ("Menz"), a then current Company employee, and three former employees and the California subsidiary for wrongful death. Indeed, in civil litigation involving the death of the patient, Gary Benefield, a California Assistant Attorney General filed an affidavit, prior to AAC's IPO, stating that he believed murder indictments would be handed down. Menz and AAC were both named defendants in the civil litigation involving Mr. Benefield's death. On July 29, 2015 after the close of trading, AAC reported that a grand jury in California returned an indictment asserting "charges against subsidiaries of AAC and two current and three former employees." AAC itself did not reveal in its press release that the charges were second-degree murder and dependent adult abuse. AAC noted that Menz, who was also indicted, voluntarily stepped down as President of AAC. AAC also reported better than expected financial results for its 2015 second quarter. On August 3, 2015, AAC filed its Form 10-Q in which it commented on the indictments. In the 10-Q AAC revealed that the indictments were for second-degree murder and dependent adult abuse. Stock market analysts also began to issue reports as to "How Murder Charges Could Hurt AAC Holdings." www.TheStreet.com. AAC's stock price fell again on August 3, 2015, declining $5.22 per share, or 14%. Then, on August 4, 2015, Bleeker Street Research ("Bleeker") published a report entitled "Even More Undisclosed Deaths And The Start Of Real Problems" at AAC. Bleeker reported that AAC "continues to deceive patients, investors and analysts about the extent of and details of patient deaths;" "At least 8 undisclosed patient deaths in California and Florida, as recent as 2014;" and "Ongoing pattern of illegal behavior led to patient deaths, and continues now despite patient deaths." AAC's common stock price plunged in reaction to this news, falling by $12.90 per share, or 39%. All totaled, since AAC disclosed that charges were being brought against Menz and its California subsidiaries, AAC's common stock price fell by $19.18 per share, or 49%, wiping out $153 million in market capitalization. The Pomerantz Firm, with offices in New York, Chicago, Florida, and Los Angeles, is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, the Pomerantz Firm pioneered the field of securities class actions. More than 70 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class members. Robert S. Willoughby, Esq. Pomerantz LLP rswilloughby@pomlaw.com 600 Third Avenue New York, NY 10016 Tel: 212.661.1100 or 1.888.4.POMLAW Fax: 212.661.8665 http://pomerantzlawfirm.com/ AIR CANADA: Air Fuel Surcharge Class Suit Dismissed ------------------------------------------------------- Robin Reinertson, Esq. -- robin.reinertson@blakes.com -- and Malcolm Funt, Esq. -- malcolm.funt@blakes.com -- at Blake Cassels & Graydon LLP, in an article for Lexology, reported that the British Columbia Supreme Court dismissed five class action certification applications in Unlu v. Air Canada (Unlu), which were brought against airlines regarding the manner in which fuel surcharges are displayed on a passenger's ticket receipt. The plaintiffs alleged that the airlines' display of fuel surcharges constituted a deceptive act or practice contrary to B.C.'s Business Practices and Consumer Protection Act (BPCPA) capable of misleading a consumer as to the true price of an airline's air transportation services. Justice Adair dismissed the certification applications on the basis that they failed to identify a sufficiently narrow, identifiable class or raise common issues, all of which are required to certify a class action. The chambers judge also found that the plaintiffs failed to adequately plead a basis for class-wide damages or other remedy. In doing so, she followed a series of recent B.C. decisions dismissing consumer protection certification applications, including Ileman v. Rogers Communications Inc. (Ileman) (see our June 2015 Blakes Bulletin: B.C. Court of Appeal Confirms No Cause of Action for Cellular "System Access Fees" Claim) and Clark v. Energy Brands Inc. (Clark) (see our October 2014 Blakes Bulletin: Another Refreshing Decision: Certification Denied in B.C. vitaminwater(R) Class Action) continuing the recent trend in B.C. and further limiting the scope for class-wide remedies pursuant to the BPCPA. BACKGROUND The plaintiffs asserted in Unlu that the airlines' pricing practices were deceptive contrary to the BPCPA on the basis that the airlines engaged in a practice of pricing that excluded and separated amounts charged pursuant to a ticketing code from the price of the air travel services. The plaintiffs asserted that by means of the code, the airlines classified the amounts payable pursuant to those codes as "taxes" payable to a third party, but in fact collected those amounts and retained them without paying them to any third parties. The plaintiffs sought damages and a restoration order under the BPCPA and other remedies on the basis that the airlines had been unjustly enriched. The airlines argued, among other things, that the process of purchasing and ticketing air travel is diverse and not uniform. The form and content of ticket receipts reflects practices at the travel agent level, over which the airlines have no control. Notably, none of the plaintiffs in these five cases had purchased air travel services directly from any of the airlines and none of the plaintiffs' ticket receipts that were alleged to contain deceptive statements were airline documents. CERTIFICATION DECISION Justice Adair of the B.C. Supreme Court dismissed the applications under the BPCPA on the basis that the plaintiffs failed to meet the required elements of section 4(1) of the Class Proceedings Act (CPA). In particular, the court held that the plaintiffs had failed to meet their burden to show some basis in fact that there was an identifiable class and that the claims of the class members raised common issues. With respect to the consumer protection claims, Justice Adair essentially followed the B.C. Supreme Court and Court of Appeal decisions in Ileman to find that the plaintiffs had not adequately pleaded a claim for damages pursuant to section 171 or a restoration remedy under section 172(3)(a). She also followed the lower court decision in Ileman to find that the plaintiffs had not adequately pleaded a claim for unjust enrichment; an alleged breach of the BPCPA cannot provide the basis for such a claim. On the question of whether there was an identifiable class, Justice Adair agreed with the airlines that the plaintiffs' proposed class definition was impermissibly overbroad as it included individuals that had purchased air transportation for commercial or other non-"consumer" purposes and accordingly, had no claim under the BPCPA against any airline. A "deceptive act or practice" under the BPCPA can only arise where there is a "consumer transaction" which requires that the purchase was made by an individual "for purposes that are primarily personal, household or family". Indeed, each of the proposed representative plaintiffs had pleaded that he or she had purchased air travel for "personal use" and included similar statements in their affidavits in support of certification. Justice Adair found that as a result, the proposed class definition was unacceptably broad. Although the conclusion that there was not a properly defined class was sufficient to dismiss the application for certification, Justice Adair observed that most of the plaintiffs' proposed common issues were individual and not suitable for certification. The few proposed common issues that could satisfy the requirements were not seriously in dispute and certification of such issues would do little to move the litigation forward. The plaintiffs' claims for injunctive and declaratory relief pursuant to section 172(1) of the BPCPA were the only claims sufficiently pleaded that could be pursued on a common basis (if there were an identifiable class). However, again, Justice Adair followed the previous decisions in Ileman (and Clark) that held that consumer protection claims seeking only a declaration or injunction do not warrant certification because those remedies can be pursued and would be binding upon the defendants regardless of whether or not the proceeding was a class action or individual claim; indeed, a class proceeding in such circumstances is unnecessary and wasteful. IMPLICATIONS The decision in Unlu continues the recent trend in B.C. dismissing certification of consumer protection class actions where the plaintiffs have not suffered any real damage or loss. Further, where a product or service can be purchased for different purposes, both "consumer" and commercial or other purposes, it will be difficult for plaintiffs to craft an appropriately narrow and objectively identifiable class of "consumers" to be able to pursue class-wide remedies without individual enquiries. ANDREW AND WILLIAMSON: Recalls Cucumbers Due to Salmonella ---------------------------------------------------------- Andrew and Williamson Fresh Produce ("A&W") of San Diego, California is voluntarily recalling all cucumbers sold under the Limited Edition(R) label during the period from August 1, 2015 through September 3, 2015 because it may be contaminated with Salmonella. A&W is currently working with health authorities to determine if, in fact, this product is the source of an outbreak of Salmonella with illnesses being reporting in as many as 27 states. In the meantime, out of an abundance of caution, the company is taking all actions necessary to prevent further consumption of potentially affected products. These actions include this voluntary recall and all harvesting and packing of cucumbers with the potential to be linked to this outbreak have been stopped until further information is known. A&W has also contacted all customers who may have received this product so that product in marketing channels can be removed. A&W is currently working with health authorities to determine if, in fact, this product is the source of an outbreak of Salmonella with illnesses being reporting in as many as 27 states. In the meantime, out of an abundance of caution, the company is taking all actions necessary to prevent further consumption of potentially affected products. These actions include this voluntary recall and all harvesting and packing of cucumbers with the potential to be linked to this outbreak have been stopped until further information is known. A&W has also contacted all customers who may have received this product so that product in marketing channels can be removed. Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis, and arthritis. Limited Edition(R) cucumbers were produced in Baja California and distributed in the states of Alaska, Arkansas, Arizona, California, Colorado, Florida, Idaho, Illinois, Kansas, Kentucky, Louisiana, Mississippi, Minnesota, Montana, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, South Carolina, Texas, and Utah and reached customers through retail, food service companies, wholesalers, and brokers. These cucumbers are shipped in a black, green, yellow, and craft colored carton which reads "Limited Edition Pole Grown Cucumbers." This variety is often referred to as a "Slicer" or "American" cucumber. It has a dark green color. It typically has a length of 7 to 10 inches and a diameter of 1.75 to 2.5 inches. In retail it is typically is sold in a bulk display without any individual packaging or plastic wrapping. In food service it is typically served as part of a salad. According to the Centers for Disease Control, 285 cases of Salmonella Poona have been reported to date in 27 states. Consumers who have purchased Limited Edition(R) brand cucumbers are urged not to consume them and to return them to the place of purchase for a full refund or to dispose of them. Consumers with questions may contact Andrew & Williamson Fresh Produce by visiting the company website at www.andrew- williamson.comdisclaimer icon or by calling the company at (844) 483-3864. ASHLEY MADISON: Famed Prosecutor Claims 'No Crime' -------------------------------------------------- JG News, reportd that the prosecutor who gained national attention as a key player in the unsuccessful murder prosecution of Casey Anthony said that he committed no crime and never followed through with an affair on the cheating website Ashley Madison. Jeff Ashton, the state attorney for Orange and Osceola counties in central Florida, said he wouldn't resign his post. Ashton choked up several times during a news conference while publicly apologizing to his wife, their three children and his four adult children from previous marriages. He wouldn't say what effect the revelation has had on his marriage. "While I indulged my curiosity about the site, it never went beyond that," Ashton said. "They were incredibly stupid choices. I ask the public's forgiveness for my shortcomings, but those shortcomings have had absolutely no impact on the performance of my official duties." Ashton said he signed up for the site two years ago because he was curious. But when asked why he never used it to cheat, he said he just couldn't go through with it. He used his personal laptop computer on an office wireless network that is available to anyone who is at the courthouse complex in downtown Orlando, Ashton said. The veteran prosecutor was at the center of the case against Anthony, who was acquitted in 2011 of the murder of her 2-year-old daughter three years earlier. In 1987, Ashton was the first prosecutor in the nation to introduce DNA evidence in a case. Ashton first joined the state attorney's office in 1981. Ashton, a Democrat, isn't the only Florida elected official who has had to acknowledge using Ashley Madison. State Rep. Ritch Workman said in a statement that he had clicked on the site three years ago when he was single. Workman, a Republican, said he never met anyone from the site. Two Canadian law firms filed a $578 million class-action lawsuit against the companies that run Ashley Madison after a hacker group's data breach exposed 39 million memberships in the adultery website earlier in the week. Charney Lawyers and Sutts, Strosberg LLP, both of Ontario, said that they filed the lawsuit on behalf of Canadians who subscribed to Ashley Madison and whose personal information was disclosed to the public. Ashton called the news conference after the East Orlando Post online newsletter revealed that he had been on Ashley Madison. Ashton said he regretted giving ammunition to those who oppose him and said he hopes his three decades of service outweighs his transgression. "I'm not very proud of myself," Ashton said. "The post may have been political motivated but they had every right to do it. I did something incredibly stupid, and I should have been called on it." ATP OIL: Pension Fund's Securities Class Suit Dismissed ------------------------------------------------------- Judge Sarah S. Vance of the United States District Court for the Eastern District of Louisiana granted dismissed the second amended complaint filed by Firefighters Pension & Relief Fund of the City of New Orleans, et al., against ATP Oil and Gas Corporation senior executives and members of the board of directors. On May 24, 2013, a securities class action was brought on behalf of all persons who acquired ATP 11.875% Senior Second Lien Exchange Notes traceable to an allegedly false and misleading Form S-4 registration statement and prospectus issued in connection with ATP's December 16, 2010 exchange offer. Firefighters sued ATP's senior executives and board of directors, alleging violations of Sections 11 and 15 of the Securities Act of 1922. The defendants filed a motion to dismiss Firefighters' Second Amended Complaint for failure to state a claim. Judge Vance found that Firefighters has failed to plead actual knowledge as required by the Private Securities Litigation Reform Act. The judge stated that the plaintiff has failed to plead sufficient facts to give rise to an inference that defendants possessed actual knowledge that the projection of a substantial increase in production was false or misleading at the time it was made. Further, Judge Vance found that ATP's projection of a substantial increase in productions was accompanied by "substantive company-specific warnings" and therefore falls within the safe- harbor provision of the PSLRA for forward-looking statements and defendants cannot be held liable under Section 11. The case is FIREFIGHTERS PENSION & RELIEF FUND OF THE CITY OF NEW ORLEANS, Individually and on Behalf of All Others Similarly Situated v. T. PAUL BULMAHN, ET AL., Section: R., CIVIL ACTION NO. 13-3935, NO. C/W 13-6083., 13-6084, 13-6233 (E.D. La.). A full-text copy of Judge Vance's August 14, 2015 order is available at http://is.gd/6JSHeufrom Leagle.com. Firefighters Pension & Relief Fund of the City of New Orleans is represented by: Andrew Allen Lemmon, Esq. Irma L. Netting, Esq. LEMMON LAW FIRM 650 Poydras Street, Suite 2335 New Orleans, LA 70130 Tel: (504) 581-5644 Fax: (504) 581-2156 Email: andrew@lemmonlawfirm.com -- and -- Donald A Broggi, Esq. Joseph P. Guglielmo, Esq. SCOTT & SCOTT LLP The Chrysler Building 405 Lexington Ave. 40th Floor New York, NY 10174-4099 Tel: (212) 223-6444 Fax: (212) 223-6334 Email: dbroggi@scott-scott.com jguglielmo@scott-scott.com Plumbers and Pipefitters National Pension Fund is represented by: Louis Leo Robein, III, Esq. ROBEIN, URANN, SPENCER, PICARD & CANGEMI, APLC 2540 Severn Avenue, Suite 400 Metairie, LA 70002 Tel: (504) 885-9994 -- and -- Christopher D Stewart, Esq. Cody R LeJeune, Esq. Danielle S Myers, Esq. Robert R. Henssler, Jr., Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Tel: (619) 231-1058 Fax: (619) 231-7423 Email: cstewart@rgrdlaw.com clejeune@rgrdlaw.com danim@rgrdlaw.com bhenssler@rgrdlaw.com Brian M Neiman and David Callaham are represented by: William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 North Pennsylvania Avenue Oklahoma City, OK 73120 Tel: (405) 235-1560 Fax: (405) 239-2112 Email: wbf@federmanlaw.com -- and -- Stephen H. Kupperman, Esq. BARRASSO, USDIN, KUPPERMAN, FREEMAN & SARVER, LLC 909 Poydras Street 24th Floor New Orleans, LA 70112 Email: skupperman@barrassousdin.com Brian Stackhouse is represented by: Sammy Ford, IV, Esq. ABRAHAM WATKINS NICHOLS SORRELS AGOSTO & FRIEND 800 Commerce Street Houston, TX 77002 Tel: (713) 222-7211 Fax: (713) 225-0827 Thomas J Mansfield, Albert L Reese, Jr., and Keith R Godwin are represented by: Thomas J. McKenna, Esq. GAINEY & MCKENNA 440 Park Avenue South, 5th Floor New York, NY 10016 Tel: (212) 983-1300 Fax: (212) 983-0383 Email: tjmckenna@gme-law.com T Paul Bulmahn is represented by: Roy Clifton Cheatwood, Esq. Matthew A. Woolf, Esq. BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ 201 St. Charles Avenue Suite 3600 New Orleans, LA 70170 Tel: (504) 566-5200 Fax: (504) 636-4000 Email: rcheatwood@bakerdonelson.com mwoolf@bakerdonelson.com -- and -- Hamilton P Lindley, Esq. DEAN & LYONS, LLP 325 North Saint Paul Street Suite 1500 Dallas, TX 75201 Tel: (214) 736-7861 Fax: (214) 965-8505 -- and -- James P. Sullivan, Esq. Michael J. Biles, Esq. Paul R. Bessette, Esq. Royale Price, Esq. Tyler W Highful, Esq. Yusuf Bajwa, Esq. KING & SPALDING, LLP 401 Congress Avenue Suite 3200 Austin, TX 78701 Tel: (512) 457-2000 Email: jsullivan@kslaw.com mbiles@kslaw.com pbessette@kslaw.com thighful@kslaw.com Chris A Brisack, Arthur H. Dilly, Gerard J. Swonke, Brent M. Longnecker, Walter Wendlandt, Burt A. Adams, George R. Edwards, and Robert J. Karow are represented by: Omer Frederick Kuebel, III, Esq. Corby Davin Boldissar, Esq. Monique M. Lafontaine, Esq. LOCKE LORD LLP 601 Poydras Street Suite 2660 New Orleans, LA 70130 Tel: (504) 558-5100 Fax: (504) 558-5200 Email: rkuebel@lockelord.com dboldissar@lockelord.com mlafontaine@lockelord.com -- and -- Alicia Fazzano Castro, Esq. Brent Benoit, Esq. Philip Guy Eisenberg, Esq. LOCKE LORD LLP 2800 JPMorgan Chase Tower 600 Travis Houston, TX 77002 Tel: (713) 226-1200 Fax: (713) 223-3717 Email: acastro@lockelord.com peisenberg@lockelord.com J.P. Morgan Securities Inc. is represented by: John William Hite, III, Esq. Erika Lynn Mullenbach, Esq. Glen Mercer, Esq. Peyton C. Lambert, Esq. SALLEY, HITE, MERCER & RESOR LLC 365 Canal Street One Canal Place, Suite 1710 New Orleans, LA 70130 Tel: (504) 566-8800 Fax: (504) 566-8828 Email: jhite@shmrlaw.com emullenbach@shmrlaw.com gmercer@shmrlaw.com plambert@shmrlaw.com T Paul Bulmahn, Leland E Tate, Albert L Reese, Jr., George R Morris, and Keith R Godwin are represented by: Paul R. Bessette, Esq. James P. Sullivan, Esq. KING & SPALDING, LLP 401 Congress Avenue Suite 3200 Austin, TX 78701 Tel: (512) 457-2000 Email: pbessette@kslaw.com jsullivan@kslaw.com -- and -- Matthew A. Woolf, Esq. Roy Clifton Cheatwood, Esq. BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ 201 St. Charles Avenue Suite 3600 New Orleans, LA 70170 Tel: (504) 566-5200 Fax: (504) 636-4000 Email: mwoolf@bakerdonelson.com rcheatwood@bakerdonelson.com Armada Advisors, Inc. is represented by: Eric J. O'Bell, Esq. GAUTHIER, HOUGHTALING & WILLIAMS 3500 N. Hullen Street Metairie, LA 70002 Tel: (504) 456-8600 Summit Capital Management LLC, is represented by: Lewis Stephen Kahn, Esq. Melinda A. Nicholson, Esq. KAHN SWICK & FOTI, LLC 206 Covington Street Madisonville, LA 70447 Tel: (504) 455-1400 Fax: (504) 455-1498 Moshe Issac Foundation is represented by: James H. Gibson, Esq. ALLEN & GOOCH 2000 Kaliste Saloom Rd Suite 400 Lafayette, LA 70508 Tel: (337) 291-1000 Fax: (337) 291-1200 -- and -- Shashi H Patel, Esq. Jeffrey W. Chambers, Esq. WARE JACKSON LEE & CHAMBERS, LLP America Tower, 39th Floor 2929 Allen Parkway Houston, TX 77019 Tel: (713) 659-6400 Fax: (713) 659-6262 -- and -- Joshua W. Ruthizer, Esq. Lester L. Levy, Esq. Patricia I Avery, Esq. WOLF POPPER, LLP 845 Third Avenue New York, NY 10022 Tel: (212) 759-4600 Fax: (212) 486-2093 Email: jruthizer@wolfpopper.com llevy@wolfpopper.com pavery@wolfpopper.com -- and -- Stephen H. Kupperman, Esq. BARRASSO, USDIN, KUPPERMAN, FREEMAN & SARVER, LLC 909 Poydras Street 24th Floor New Orleans, LA 70112 Email: skupperman@barrassousdin.com Zohar Asher and Jack D Hart are represented by: Ronald Dean Gresham, Esq. PAYNEMITCHELL LAW GROUP William Kruse is represented by: Ronald Dean Gresham, Esq. PAYNEMITCHELL LAW GROUP 2911 Turtle Creek Blvd Suite 1400 Dallas, TX 75219 Tel: (214)252-1888 Email: dean@paynemitchell.com -- and -- Stephen H. Kupperman, Esq. BARRASSO, USDIN, KUPPERMAN, FREEMAN & SARVER, LLC 909 Poydras Street 24th Floor New Orleans, LA 70112 Email: skupperman@barrassousdin.com -- and -- William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 North Pennsylvania Avenue Oklahoma City, OK 73120 Tel: (405) 235-1560 Fax: (405) 239-2112 Email: wbf@federmanlaw.com About ATP Oil Houston, Texas-based ATP Oil & Gas Corporation is an international offshore oil and gas development and production company focused in the Gulf of Mexico, Mediterranean Sea and North Sea. ATP Oil & Gas filed a Chapter 11 petition (Bankr. S.D. Tex. Case No. 12-36187) on Aug. 17, 2012. Attorneys at Mayer Brown LLP, serve as bankruptcy counsel. Munsch Hardt Kopf & Harr, P.C., is the conflicts counsel. Motley Rice LLC and Fayard & Honeycutt, APC serve as special counsel. Opportune LLP is the financial advisor and Jefferies & Company is the investment banker. Kurtzman Carson Consultants LLC is the claims and notice agent. ATP disclosed assets of $3.6 billion and $3.5 billion of liabilities as of March 31, 2012. Debt includes $365 million on a first-lien loan where Credit Suisse AG serves as agent. There is $1.5 billion on second-lien notes with Bank of New York MellonTrust Co. as agent. ATP's other debt includes $35 million on convertible notes and $23.4 million owing to third parties for their shares of production revenue. Trade suppliers have claims for $147 million, ATP said in a court filing. An official committee of unsecured creditors has been appointed in the case. Evan R. Fleck, Esq., at Milbank, Tweed, Hadley & McCloy, in New York, represents the Creditors Committee as counsel. A seven-member panel of equity security holders has also been appointed in the case. Kyung S. Lee, Esq., and Charles M. Rubio, Esq. of Diamond McCarthy LLP, in Houston, Texas, serve as counsel to the Equity Committee. AUSSIE BOOMERANG: Faces "Smith" Suit Over Failure to Pay Overtime ----------------------------------------------------------------- James Smith, on behalf of himself and all others similarly situated v. Aussie Boomerang Bar on the Avenue, Inc., Case No. 9:15-cv-81246-WJZ (S.D. Fla., September 2, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Aussie Boomerang Bar on the Avenue, Inc. owns and operates a restaurant in Palm Beach County, Florida. The Plaintiff is represented by: David Markel, Esq. THE MARKEL LAW FIRM 777 Brickell Avenue Suite 500 Miami, FL 33131 Telephone: (305) 458-1282 Facsimile: (800) 407-1718 E-mail: David.Markel@markel-law.com BEATS MUSIC: Suit Over Unsolicited Text Referred to Arbitration --------------------------------------------------------------- Dana Herra, writing for Cook County Record, reported that the questions of whether and how much a music streaming service will need to pay for sending a text message to one of its subscribers must be decided in arbitration, a federal judge has ruled. Plaintiff Megan Craddock filed a putative class action lawsuit against Beats Music LLC, claiming the company violated the federal Telephone Consumer Protection Act when it sent her a text message informing her of special offers on the company's website. On Aug. 19, U.S. District Judge Joan H. Lefkow granted Beats Music's motion to refer the matter to arbitration, based on the provisions in its user terms and conditions that address resolution of disputes. According to court documents, Craddock downloaded a free seven-day trial of Beats' music streaming app to her mobile phone in January 2014. The app notifies users that by clicking the "Start" button, they agree to the company's terms of use and privacy policy. Shortly after downloading the app, Craddock received a text message from an unidentified number that read, "Beats Music Free Msg. You may qualify for special offers on Beats Music through AT&T," and gave a link to Beats' website. According to court documents, Craddock said she never consented to receiving text messages. She filed suit in December 2014 on behalf of herself and "all persons within the United States who received one or more unauthorized text message advertisements on behalf of Beats at any time in the four years prior to the filing of the complaint." The suit alleges violation of the TCPA, which prohibits the use of an automated dialing system to send text messages without the texted party's prior express consent. In its motion, Beats argued the case falls under the dispute resolutions section of the app's terms of use. Among the passages in that section is one saying any "dispute controversy, or claim" must first be negotiated directly between the user and the company. If no resolution is achieved within 30 days, either party "may commence arbitration." The section also includes a subsection that sets out specific procedures that should be followed in arbitration. The terms of use agreement also contains a class action waiver and a section titled "AT&T Offers" that discusses special offers available to some AT&T customers. The privacy policy attached to the terms of use discloses that Beats may share user information with business partners to send communications about promotions, special offers and products. In her analysis, Lefkow cited case law holding courts may not deny a party's request to arbitrate unless the arbitration clause clearly does not cover the dispute. In this case, Lefkow wrote, Craddock claimed a narrower interpretation of the arbitration clause, saying it applies only to disputes arising from the agreement itself. Lefkow disagreed. In breaking down the arguments, she said it seems clear Craddock's claims arise from Beats Music's services, which are expressly covered in the arbitration clause. The suit also attempts to claim the charges can't be related to Beats' services because the text message was sent by AT&T, an argument Lefkow dismissed. "Craddock . . . cannot sue Beats Music while maintaining that AT&T was solely responsible for the message," Lefkow wrote. "If she has determined that AT&T sent the text message independently she has sued the wrong party and should dismiss her claims against Beats Music. "As is, Craddock's claims will be sent to arbitration." The case has been stayed pending arbitration. Craddock is represented in the action by attorneys Lauren E. Snyder and Matthew P. McCue, of Chicago, as well as the firms of Broderick Law PC, of Boston, and Murray Murphy Moul Basil LLP, of Columbus, Ohio. Beats Music is represented by the firm of Latham & Watkins LLP, of Chicago. BLYTH INC: Faces "Gauthier" Suit Over Proposed Carlyle Merger ------------------------------------------------------------ Martin Gauthier, On Behalf of Himself and All Others Similarly Situated v. Blyth, Inc., et al., Case No. 11464 (D. Del., September 2, 2015), is brought on behalf of all the public stockholders of Blyth, Inc. to enjoin the to enjoin the proposed acquisition of Blyth by The Carlyle Group LP through a flawed process and inadequate consideration. Blyth, Inc. is a Delaware corporation and maintains its principal executive offices at 1 East Weaver Street, Greenwich, Connecticut 06831. Blyth is a marketer of candles, home fragrance, and home decor products. The Carlyle Group LP operates a global asset management firm with its corporate headquarters located at 1001 Pennsylvania Avenue, NW, Washington, DC 20004- 2505. The Plaintiff is represented by: Seth D. Rigrodsky, Esq. Brian D. Long, Esq. Gina M. Serra, Esq. Jeremy J. Riley, Esq RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Telephone: (302) 295-5310 E-mail: sdr@rl-legal.com bdl@rl-legal.com gms@rl-legal.com jjr@rl-legal.com BRENDAN STANTON: Faces "Ramoutar" Suit Over Failure to Pay OT ------------------------------------------------------------- Dale Ramoutar v. Brendan Stanton, Inc., BSI Electrical Contractors, Inc., Brendan Stanton, and Jean Stanton, Case No. 2:15-cv-04941-ER (E.D. Penn., September 2, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants own and operate a construction company with a place of business located at 416 Stump Road, Montgomeryville, PA 18936. The Plaintiff is represented by: Diana J. Nobile, Esq. Gregory K. McGillivary, Esq. Molly A. Elkin, Esq, WOODLEY & McGILLIVARY LLP 1101 Vermont Ave., N.W., Suite 1000 Washington, DC 20005 Telephone: (202) 833-8855 CALIFORNIA: Inmates and Lawyers Against Solitary Confinement ------------------------------------------------------------ Alexander Reed Kelly, writing for Truth Dig, reported that the Constitution of the United States is supposed to protect citizens from cruel and unusual punishment inflicted by the criminal justice system, and, in the opinion of many experts, from government torture capable of inflicting lasting psychological damage. Thousands of inmates and a number of legal advocates are struggling to outlaw the practice of solitary confinement -- in which inmates are isolated in a small room 23 hours a day, with only one hour per day for exercise, sometimes for longer than 10 years -- in California and beyond. The effort began in 2011, when inmates at Pelican Bay State Prison near Crescent City, Calif., sought through a hunger strike to bring mass attention to solitary confinement and other practices by the state's Department of Corrections and Rehabilitation (CDCR). As well as causing outrage in some quarters of the public, the demonstration caught the attention of several civil rights lawyers. The strike was over by the time Anne Weills, of the law firm Siegel & Yee in Oakland, and associates there and at the Center for Constitutional Rights agreed on a plan to support the inmates. But during the strike, Weills and her colleagues gained access to many of the convicts and soon developed both a detailed view of the practices being protested and the trust of the strike leaders. The lawyers formed a plan to challenge the state's use of indefinite detention and solitary confinement on the premise that the practices violated the Eighth and 14th amendments of the U.S. Constitution -- prohibiting cruel and unusual punishment and requiring due process, respectively -- and in early 2012 won permission from the strike leaders to take their case to the U.S. District Court in Oakland. One of those strike leaders was a former Aryan Brotherhood affiliate, Todd Ashker, 52. Ashker has spent more than 25 years in the Security Housing Unit (SHU), after being convicted of second- degree murder; while serving time at another prison for a burglary, he fatally stabbed another prisoner in 1987. His is a model case for the state's standard argument for continuing solitary confinement: Some convicts must be held there because they are too dangerous to be housed among a prison's general population. In a column published, Truthdig's Bill Blum, a former judge and defense attorney for convicts on death row, describes the SHU, which he saw during visits to Pelican Bay in the late 1980s. He called it a "high-tech hellhole, a science fiction nightmare come to life" where prisoners were subjected to an "unyielding routine of being held in a tiny, concrete, windowless cell with no access to other prisoners," meals were slipped through a narrow steel slot and "access to books, writing materials and toiletries was severely restricted." Cell doors are controlled electronically, and when guards speak to the inmates, they do so over an intercom. "The monotony was broken only by an hour of daily exercise, also conducted alone, in a barren, concrete pen known as the 'dog run' that contained no gym equipment and offered only a narrow view of the sky through a metal mesh gate," Blum wrote. The CDCR keeps nearly 1,200 of Pelican Bay's inmates in this horrific environment. A class-action lawsuit filed in the 1990s won rules that curtailed the use of force by correctional staff and called for the removal of prisoners with confirmed mental illnesses from the SHU. But the decision did no good for inmates like Ashker, who had no such diagnoses. Ashker started to study law and in 2009, with fellow inmate Danny Troxell, filed his own lawsuit, one aimed at overturning his and Troxell's indefinite detention in the SHU. The suit "gathered dust in district court" for two years, Blum tells us. Then, in a remarkable achievement, the inmates -- many of whom were natural enemies because of their ties to rival ethnic gangs -- learned to talk to each other through their cell doors. Their decision to co-operate among themselves -- an effort involving more than 1,000 inmates in Pelican Bay and 6,000 inmates across the state -- culminated in the strike that drew the attention of Weills and her associates in 2011. As reported in Blum's column, Weills described the experience of meeting these prisoners face-to-face as "mind blowing. Starving and weak, they were being subjected to further punishment with freezing air blasted into their cells while wearing only underwear. It became very clear that they were wedded to their nonviolent protest to win improved conditions for all those men in solitary confinement, whatever the personal costs to themselves." The lawsuit filed by Weills and other lawyers (and led by Jules Lobel, president of the Center for Constitutional Rights and a professor at the University of Pittsburgh School of Law) declares that the CDCR's use of the SHU at Pelican Bay is unconstitutional. Further, it demands that prisoners who have spent more than 10 years in the SHU be released, that "the conditions of sensory deprivation and lack of social and human contact experienced by any remaining SHU inmates" be alleviated and that the need for the confinement of any remaining inmates in the SHU be reviewed. Settlement negotiations are in progress, but the case remains relatively obscure. In his column, Blum urged California Attorney General Kamala Harris, who is seeking to replace Barbara Boxer in the U.S. Senate, to settle the case "as quickly and comprehensively as possible." Truthdig discussed the case with Blum by telephone a few days after his column was published. "Solitary confinement isn't an appropriate punishment anywhere, but especially in the U.S., which is supposed to be an enlightened nation governed by the best constitution the world has ever seen," he said. "We have a provision in the Eighth Amendment which prohibits cruel and unusual punishment and that applies to federal and state governments by way of the 14th Amendment due process clause. A growing body of opinion believes that solitary confinement amounts to cruel and unusual punishment, particularly prolonged solitary confinement. "The lawyers are not naive. They don't think the plaintiffs are angels and they're not suggesting that all of them go back to general population or that they be released immediately. There are degrees of confinement in between the extremes of housing in the SHU and the general population." Blum said that a number of lawyers think the evidence used to put many inmates in the SHU is "flimsy. . . . They have a horrible situation where people are encouraged to snitch on others, and it's not always clear that they're snitching honestly. They want to curry favor." "The best estimate is that that at any given time 80,000 American prisoners are held in solitary confinement. And I think that in the largest sense we have to think of SC as part and parcel of the garrison state that the U.S. has become, with the world's largest prison population. That's truly a disgrace and ties into questions of equality with a prison population where African-Americans are disproportionately represented." On the question of why solitary confinement is practiced in the U.S. at all, while many countries around the world are banning it, Blum said: "I think that there's a lot of support for solitary confinement, as there's a lot of support for locking people up. This war on crime's been going on since Richard Nixon, who said we've got to fight criminals the way they fight us. It accelerated under [Bill] Clinton." "You couldn't get elected in the U.S. unless you were tough on crime. I think it's slowly changing, and the Black Lives Matter movement is to its credit pushing the issue to the forefront." As Blum notes in his column, outlawing solitary confinement would help many California officials burnish their liberal credentials. But more important, it would "restore the lives of hundreds of inmates who are housed under the most grinding and inhumane conditions." The inmates who united to spark outrage over solitary confinement and the lawyers who came to their aid are our Truthdiggers of the Week. CATAMARAN HEALTH: Faces "Hine" Suit Over Disability Policy ---------------------------------------------------------- Christine Hine, individually and on behalf of all others similarly situated v. Catamaran Health Solutions, LLC f/k/a Catalyst Health Solutions, Inc. f/k/a HealthExtras, Inc., and National Union Fire Insurance Company of Pittsburgh, P.A., Case No. BC593510 (D. Cal., September 2, 2015), is an action for damages as a result of the Defendants' solicitation and sale of purported group health insurance disability policy to California residents, through unlicensed insurance brokers at excessive amounts when compared to the benefits provided by the policies. The Defendants are in the business of marketing and sale of insurance products in California. The Plaintiff is represented by: Mark A. Milstein, Esq. MILSTEIN ADELMAN, LLP 2800 Donald Douglas Loop North Santa Monica, CA 90405 Telephone: (310) 396-9600 Facsimile: (310)396-9635 E-mail: info@milsteinadelman.com - and - Sarah L. Hennessy, Esq. FLAHERTY HENNESSY, LLP 8055 West Manchester Street, Suite 420 Playa del Rey, CA 90293 Telephone: (310) 305-1280 Facsimile: (310)305-1210 E-mail: sarah@FHAttorneys.com CELLADON CORP: Howard G. Smith Files Securities Class Suit ---------------------------------------------------------- The Law Offices of Howard G. Smith announces that a class action has been filed on behalf of purchasers of the securities Celladon Corporation ("Celladon" or the "Company") who purchased shares between July 7, 2014 and June 25, 2015, inclusive (the "Class Period"). Celladon investors have until August 31, 2015, to file a motion to serve as lead plaintiff in the class action. Celladon is a clinical-stage biotechnology company which is focused on the development of cardiovascular gene therapy and calcium dysregulation. The Company's lead candidate is MYDICAR to treat inadequate pumping in heart failure patients. The complaint alleges that the Company potentially misled investors regarding the design of its MYDICAR clinical trials; and otherwise misled investors regarding the successful FDA approval of MYDICAR. On April 26, 2015, Celladon issued a press release announcing that the Company's Phase 2b CUPID2 trial of MYDICAR did not meet its primary and secondary goals. As a result of this news, the price of Celladon stock plummeted $11.04 per share to close at $2.64 per share on April 27, 2015, a decline of 80% on volume of 32 million shares. On June 1, 2015, Celladon issued a press release announcing the abrupt resignation of defendant Krisztina M. Zsebo ("Zsebo") as Chief Executive Officer ("CEO") and a director. Then, on June 26, 2015, before the market opened, Celladon issued a press release announcing the suspension of its plans for further research or development of its MYDICAR program and other pre- clinical programs, and indicating the possibility that the Company could be liquidated with net cash available to shareholders of $25-$30 million. As a result of this news, the price of Celladon stock dropped $0.85 per share to close at $1.35 per share on June 26, 2015, a decline of 38% on volume of 9 million shares. If you purchased shares of Celladon during the Class Period, have information regarding these allegations, and/or would like to learn more about your legal rights in connection with this notice, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020 by telephone at (215) 638-4847, toll-free at (888) 638-4847, or by e-mail to howardsmith@howardsmithlaw.com, or visit our website at http://www.howardsmithlaw.com. Howard G. Smith, Esq. The Law Offices of Howard G. Smith 3070 Bristol Pike, Suite 112, Bensalem, PA 19020 Telephone: (215) 638-4847 Facsimile: (215) 638-4867 Toll Free: 1-888-638-4847 http://www.howardsmithlaw.com/ CHARTER COMMUNICATIONS: Block & Leviton Files Class Action Suit --------------------------------------------------------------- Block & Leviton LLP, a Boston-based law firm representing investors nationwide, has filed a lawsuit alleging breaches of fiduciary duty by the Board of Directors of Charter Communications, Inc. ("Charter" or the "Company") CHTR, +3.68% concerning certain transactions with Liberty Broadband Corporation ("Liberty") in connection with Charter's proposed acquisitions of Time Warner Cable, Inc. ("TWC") and Bright House Networks, LLC ("Bright House"). The complaint alleges that Liberty -- which owns approximately 26% of Charter's outstanding stock -- is a controlling shareholder of Charter. In connection with the proposed acquisition of Bright House, Charter will allow Liberty to purchase $700 million in newly issued shares for $173/share, a total of more than 4 million shares. Similarly, in connection with the proposed acquisition of TWC, Charter will allow Liberty Broadband to purchase $4.3 billion of newly issued shares at a price equivalent to $176.95 per Charter share. The complaint alleges that the share issuances are unfairly priced because, among other reasons, Charter's financial advisors project that the combined company could be worth significantly more per share when the transactions close. Liberty will also receive an irrevocable five-year voting proxy for 6% of the outstanding voting power of Charter. This will bring Liberty's total voting power to 25% and make it the only shareholder able to avoid significant dilution of its voting interest upon the consummation of the transactions. Liberty is paying nothing for this material benefit. Block & Leviton's complaint alleges that Liberty and Charter's directors breached their fiduciary duties to Charter shareholders by approving the unfair terms of these transactions. Finally, the complaint alleges that the Definitive Proxy statement filed with the SEC on August 20, 2015 was materially incomplete. If you are a shareholder of Charter and have questions about your legal rights, or if you have information relevant to this investigation, please contact attorney Joel Fleming, at (617) 398- 5600 or email him at joel@blockesq.com. Block & Leviton has offices in Boston and the San Francisco Bay area and represents investors nationwide for violations of securities laws. The firm's lawyers have collectively been prosecuting securities cases on behalf of investors for over 70 years. Joel Fleming, Esq. Steven Harte, Esq. BLOCK & LEVITON LLP 155 Federal St Suite 400, Boston, MA 02110 (617) 398-5600 Steven@blockesq.com joel@blockesq.com. CHICAGO WHITE SOX: "Senne" Plaintiffs Seek Transfer to Calif. ------------------------------------------------------------- Plaintiffs in Aaron Senne, et al., Individually and on Behalf of All Those Similarly Situated v. Chicago White Sox, Ltd., Case: 1:15-cv-06930 (N.D.Ill., Aug. 7, 2015), moved under Federal Rule of Procedure 45 to compel Chicago White Sox, Ltd., to produce documents in response to Plaintiffs' subpoena duces tecum, and to transfer this motion to the Northern District of California. The Plaintiffs are represented by: John A. Libra, Esq. Stephen M. Tillery, Esq. Garrett R. Broshuis, Esq. Aaron M. Zigler, Esq. KOREIN TILLERY, LLC 505 North 7th Street, Suite 3600 St. Louis, MO 62101 Tel: (314) 241-4844 Fax: (314) 241-3525 E-mail: stillery@koreintillery.com gbroshuis@koreintillery.com azigler@koreintillery.com - and - George A. Zelcs, Esq. John A. Libra, Esq. KOREIN TILLERY, LLC 205 North Michigan, Suite 1950 Chicago, IL 60601 Tel: (312) 641-9750 Fax: (314) 241-3525 E-mail: gzelcs@koreintillery.com - and - Bruce L. Simon, Esq. Benjamin E. Shiftan, Esq. PEARSON, SIMON & WARSHAW LLP 44 Montgomery Street, Suite 2450 San Francisco, CA 94104 Tel: (415) 433-9000 Fax: (415) 433-9008 E-mail: bsimon@pswlaw.com bshiftan@pswlaw.com - and - Daniel L. Warshaw, Esq. Bobby Pouya, Esq. PEARSON, SIMON & WARSHAW LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, CA 91403 Tel: (818) 788-8300 Fax: (818) 788-8104 E-mail: dwarshaw@pswlaw.com bpouya@pswlaw.com CIRCLE K: Suit Over Unpaid OT Wages May Proceed as Class Action --------------------------------------------------------------- Carri Geer Thevenot, writing for Las Vegas Review-Journal, reported that a lawsuit that accuses Circle K Stores Inc. of failing to pay overtime wages to store managers may proceed as a national class action, a federal judge ruled in Las Vegas. Las Vegas attorney Andrew Rempfer, who already represents 246 plaintiffs in the case, said the ruling by U.S. District Judge Richard Boulware II means the number of plaintiffs could grow to the thousands. The case initially was filed in February 2014 on behalf of former store manager Charles Grahl and "others similarly situated." It was filed as a collective action, a type of class action. According to the lawsuit, Circle K misclassified employees to avoid paying overtime wages. Grahl was called a store manager but "disagrees with that labeling," Rempfer said. Rempfer said those given the title of store manager did not have the authority to make personnel or independent decisions that would affect the business. According to Grahl's lawsuit, he worked as a store manager for Circle K from 1995 to 2001 and from 2005 until February 2014, and was paid a weekly salary of about $800. Grahl, who worked in Las Vegas, claims he and other store managers were required to put in at least 16 hours of overtime a week. "This was a corporate-wide policy, program and/or practice defendant applied at all its stores nationwide," his complaint alleges. According to court papers, Circle K's principal place of business is in Tempe, Ariz., and the company has more than 3,300 convenience stores throughout the United States. Boulware heard more than two hours of arguments before giving preliminary approval for class certification. He said the class will include all current and former store managers who have worked for the company since Oct 31, 2011. Once potential plaintiffs are notified about the case, they will have 120 days to join in. Boulware said potential plaintiffs will be free to seek their own attorneys. CIRCLE Z: "Perry" Suit Seeks to Recover Unpaid Overtime Wages ------------------------------------------------------------- Daniel Perry and Desmond Williams, individually and on behalf of all others similarly situated v. Circle Z Pressure Pumping, LLC, Case No. 2:15-cv-01474 (E.D. Tex., September 2, 2015), seeks to recover unpaid overtime wages, liquidated damages, all available equitable relief, attorney fees, and litigation expenses and costs pursuant to the Fair Labor Standard Act. Circle Z Pressure Pumping, LLC is a Texas limited liability company that provides high pressure pump down services to the oil and gas industry. The Plaintiff is represented by: William S. Hommel Jr., Esq. HOMMEL LAW FIRM 1404 Rice Road, Suite 200 Tyler, TX 75703 Telephone: (903) 596-7100 Facsimile: (469) 533-1618 E-mail: bhommel@hommelfirm.com CLASSIC SOUTHERN: Faces "Rios" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Jose Rios, Jose Hernandez, Modesto Rivera, Orlando Alcides, Jeovany Juares, Walter Maradiaga, and Eduardo Chaverria themselves and other persons similarly situated v. Classic Southern Home Construction Inc. and Richard Bates, Case No. 2:15-cv-04104 (E.D. La., September 3, 2015), is brought against the Defendants for failure to pay overtime wages for work in excess of 40 hours per week. Classic Southern Home Construction Inc. owns and operates a construction company with its principal place of business in Gretna, Louisiana. The Plaintiff is represented by: Roberto Luis Costales, Esq. 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 914-1048 Facsimile: (504) 273-2956 E-mail: costaleslawoffice@gmail.com - and - William H. Beaumont, Esq. 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 483-8008 E-mail: whbeaumont@gmail.com COMMUNITY HOME: Suit Seeks to Recover Unpaid Overtime Wages ----------------------------------------------------------- Natalia Petrachkevitch, individually and on behalf of all other persons similarly situated v. Community Home Care Referral Service, Inc., d/b/a Helping Hands Attendant Services and Barry Weiss, Case No. 510866 (D.N.Y., September 3, 2015), seeks to recover unpaid minimum wages, overtime wages and "spread of hours" wages pursuant to the New York Labor Law. The Defendants are in the business of providing personal care and assistance to disabled and elderly clients. The Plaintiff is represented by: Lloyd R. Ambinder, Esq. LaDonna M. Lusher, Esq. VIRGINIA & AMBINDER, LLP 40 Broad Street, Seventh Floor New York, NY 10004 Telephone: (212) 943-9080 Facsimile: (212) 943-9082 E-mail: lambinder@vandallp.com CONFORMIS INC: Sued in Mass Over Misleading Financial Reports ------------------------------------------------------------- Henry J. Klein, individually and on behalf of all others similarly situated v. Conformis, Inc., Philipp Lang, and Paul Weiner, Case No. 1:15-cv-13295 (D. Mass., September 3, 2015), alleges that the Defendants made materially false and misleading statements regarding the company's business, operational and compliance policies both in connection with its initial public offering and in subsequent filings with the Securities and Exchange Commission. Conformis, Inc. is a medical technology company that purports to use its proprietary iFit Image-to-Implant technology to develop, manufacture and sell joint replacement implants that are individually sized and shaped to fit each patient's unique anatomy. The Plaintiff is represented by: Jason M. Leviton, Esq. Joel A. Fleming, Esq. BLOCK & LEVITON LLP 155 Federal Street, Suite 400 Boston, MA 02110 Telephone: (617) 398-5600 Facsimile: (617) 507-6020 E-mail: jason@blockesq.com joel@blockesq.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. Marc Gorrie, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com mgorrie@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP 10 South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com CONSUMERTRACK INC: Sued Over Alleged Gender Discrimination ---------------------------------------------------------- Reyhaneh Khaligh and Laura Flores v. Consumertrack, Inc., Jeff Bartlett, Brett Rossmann, and Does 1-100, inclusive, Case No. BC593343 (D. Cal., September 2, 2015), seeks to put an end on the Defendants' pattern and practice of gender discrimination. Consumertrack, Inc. owns and operates a digital marketing agency located at 2121 Rosecrans Ave #1300, El Segundo, CA 90245. The Plaintiff is represented by: William W. Bloch, Esq. LA SUPERLAWYERS INC. 9100 Wilshire Boulevard, Suite 333 East Beverly Hills, CA 90212 Telephone: (310) 477-7767 Facsimile: (310)550-6798 E-mail: lasuperlawyers@gmail.com - and - Martin R. Berman, SBN125325 LAW OFFICES OF PFLASTER & BERMAN 9100 Wilshire Blvd., Ste. 333 East Beverly Hills, CA 90212 Telephone: (310) 445-3581 Facsimile: (310)550-6798 E-mail: mberman@mrblaw.net CORNER BAR: "Squires" Suit Seeks to Recover Unpaid Overtime Wages ----------------------------------------------------------------- Coley I. Squires, on his own behalf and others similarly situated v. Corner Bar Partners One LLC d/b/a Marlows Tavern 13, Case No. 1:15-cv-03084-ODE (N.D. Ga., September 2, 2015), seeks to recover unpaid overtime compensation, liquidated damages, reasonable expenses of litigation, and attorneys' fees pursuant to the Fair Labor Standard Act. Corner Bar Partners One LLC is in the business of providing food and beverage services throughout the metropolitan Atlanta area. The Plaintiff is represented by: Larry A. Pankey, Esq. PANKEY & HORLOCK, LLC 1441 Dunwoody Village Parkway, Suite 200 Atlanta, GA 30338-4122 Telephone: (770) 670-6250 Facsimile: (770) 670-6249 E-mail: lpankey@pankeyhorlock.com DETROIT, MI: Court Dismisses Prison Sexual Abuse Class Suit ----------------------------------------------------------- FOX News reported that the Michigan appeals court has ruled in favor of the state and dismissed a major class-action lawsuit by young prisoners who said guards failed to stop sexual assaults behind bars. The court says Michigan's civil rights law doesn't apply to lawsuits by prisoners. It also dismissed the case on other technical grounds in a decision released. The lawsuit claims male prisoners, typically aged 16 or 17, were forced to engage in sex acts with adult prisoners and staff, with some abuse "open and obvious." The Corrections Department disputes the allegations. A similar lawsuit citing violations of federal law still is pending in federal court in Detroit. Hundreds of teens were housed with adults until 2012 when the Corrections Department assigned males under 18 to a single prison in Lapeer. DORAL FINANCIAL: Investors' Suit vs. Wakeman, Wahlman Continues --------------------------------------------------------------- In the case captioned ROBERT BLUE, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. DORAL FINANCIAL CORPORATION, GLEN R. WAKEMAN, ROBERT E. WAHLMAN, PENKO IVANOV, DAVID HOOSTON, ENRIQUE R. UBARRI-BARAGANO and CHRISTOPHER C. POULTON, Defendants, CIVIL NO. 14-1393 (GAG) (D.P.R.), Judge Gustavo A. Gelpi of the United States District Court for the District of Puerto Rico granted in part and denied in part a motion to dismiss, and, subsequently, dismissed the case against the individual defendants, except for Glen R. Wakeman and Robert E. Wahlman against whom the case continues. A putative class action lawsuit was filed on behalf of investors against the holding company of Doral Bank, Doral Financial Corporation, and several current and prior company executives. The complaint alleged that the plaintiffs purchased common stock of Doral between April 2, 2012, and May 1, 2014, at prices that were artificially inflated by the defendants' false and misleading statements. The defendants moved to dismiss the complaint pursuant to the Private Securities Litigation Reform Act of 1995 and Federal Rules of Civil Procedure 9(b) and 12(b)(6), arguing that the plaintiffs failed to state a single claim under the applicable federal securities laws upon which relief can be granted. Judge Gelpi analyzed the motion to dismiss only as to the individual defendants because the case against Doral was automatically stayed when it filed a voluntary petition under Chapter 11 of the Title 11 of the Bankruptcy Code. Judge Gelpi found that the allegations regarding Wakeman and Wahlman's participation in the fraudulent scheme by knowingly manipulating the ALLL and PLLL that was reported in the numerous SEC filings, conference calls, and press releases are sufficient to meet the heightened pleading standards for scienter. However, Judge Gelpi found that with the remaining defendants, the plaintiffs failed to plead their involvement in the purported fraudulent scheme with the particularity required under Rule 9(b) and the Private Securities Litigation Reform Act of 1995. A full-text copy of Judge Gelpi's July 22, 2015 opinion and order is available at http://is.gd/gyQmVNfrom Leagle.com. Robert Blue is represented by: Erin W. Boardman, Esq. Robert M. Rothman, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road, Suite 200 Melville, NY 11747 Tel: (631) 367-7100 Fax: (631) 367-1173 Email: eboardman@rgrdlaw.com rrothman@rgrdlaw.com -- and -- Frank J. Johnson, Esq. JOHNSON & WEAVER, LLP 600 West Broadway, Suite 1540 San Diego, CA 92101 Tel: (619) 230-0063 Fax: (619) 255-1856 Email: frankj@johnsonandweaver.com -- and -- Andres W. Lopez, Esq. THE LAW OFFICES OF ANDRES W. LOPEZ, P.S.C. John Dalessandro is represented by: Erin W. Boardman, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road, Suite 200 Melville, NY 11747 Tel: (631) 367-7100 Fax: (631) 367-1173 -- and -- Francis McConville, Esq. Jeremy A. Lieberman, Esq. POMERANTZ, LLP 600 Third Avenue New York, NY 10016 Tel: (212) 661-1100 Fax: (212) 661-8665 Email: jalieberman@pomlaw.com -- and -- Frank J. Johnson, Esq. JOHNSON & WEAVER, LLP 600 West Broadway, Suite 1540 San Diego, CA 92101 Tel: (619) 230-0063 Fax: (619) 255-1856 -- and -- Jorge E. Perez-Casellas, Esq. Andres W. Lopez, Esq. THE LAW OFFICES OF ANDRES W. LOPEZ, P.S.C. Timothy Stump and are represented by: Francis McConville, Esq. POMERANTZ, LLP Mordechai Hakim represented by: Eric M. Quetglas-Jordan, Esq. QUETGLAS LAW OFFICE #1021 Ashford Ave., 2nd Floor Condado, PR 00908 Tel: (787) 722-0635 Fax: (787) 725-3970 -- and -- Kara M. Wolke, Esq. Leanne E. Heine-Solish, Esq. Lionel Z. Glancy, Esq. Peter A. Binkow, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 Tel: (310) 201-9150 Fax: (310) 432-1495 Email: kwolke@glancylaw.com lheine@glancylaw.com lglancy@glancylaw.com pbinkow@glancylaw.com -- and -- Robert M. Rothman, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road, Suite 200 Melville, NY 11747 Tel: (631) 367-7100 Fax: (631) 367-1173 Email: rrothman@rgrdlaw.com Doral Financial Corporation, Glenn R. Wakeman, Robert E. Wahlman, Penko Ivanov, David Hooston, Enrique R. Ubarri-Baragano, and Christopher C. Poulton are represented by: Anthony Antonelli, Esq. Kevin P. Broughel, Esq. Kevin C. Logue, Esq. Shahzeb Lari, Esq. PAUL HASTINGS LLP 75 East 55th Street New York, NY 10022 Tel: (212) 318-6000 Fax: (212) 319-4090 Email: anthonyantonelli@paulhastings.com kevinbroughel@paulhastings.com shahzeblari@paulhastings.com Jose A. Acosta-Grubb, Esq. Jose L. Ramirez-Coll, Esq. FIDDLER GONZALEZ & RODRIGUEZ, P.S.C. 254 Munoz Rivera Ave. 6th floor Hato Rey, PR 00918 Tel: (787) 753-3113 Email: jacosta@fgrlaw.com jramirez@fgrlaw.com About Doral Financial Doral Financial Corporation is a holding company whose primary operating asset was equity in Doral Bank. DFC maintains offices in New York City, Coral Gables, Florida and San Juan, Puerto Rico. DFC has three wholly-owned subsidiaries: (i) Doral Properties, Inc., (ii) Doral Insurance Agency, LLC ("Doral Insurance"), and (iii) Doral Recovery, Inc. On Feb. 27, 2015, regulators placed Doral Bank into receivership and named the Federal Deposit Insurance Corp. as receiver. Doral Bank served customers through 26 branches located in New York, Florida, and Puerto Rico. DFC sought Chapter 11 protection (Bankr. S.D.N.Y. Case No. 15- 10573) in Manhattan on March 11, 2015. The case is assigned to Judge Shelley C. Chapman. DFC estimated $50 million to $100 million in assets and $100 million to $500 million in debt as of the bankruptcy filing. The Debtor tapped Ropes & Gray LLP as counsel. The Debtor's Chapter 11 plan and Disclosure Statement are due July 9, 2015. The initial case conference is set for April 10, 2015. The U.S. trustee overseeing the Chapter 11 case of Doral Financial Corp. appointed five creditors of the company to serve on the official committee of unsecured creditors. DOT HILL: Faces "Shen" Suit in Del. Over Proposed Seagate Merger ---------------------------------------------------------------- Thomas Qiong Shen, on behalf of himself and all others similarly situated v. Dot Hill Systems Corp., et al., Case No. 11466 (D. Del., September 2, 2015), is brought on behalf of all the public stockholders of Dot Hill Systems Corp. to enjoin a proposed transaction announced on August 18, 2015, pursuant to which Dot Hill will be acquired by affiliates of Seagate Technology Public Limited Company through a flawed process and inadequate consideration. Dot Hill Systems Corp. designs, manufactures, and markets a range of storage systems, including hybrid storage arrays, for the entry and mid-range storage markets. Seagate Technology Public Limited Company is a leading provider of electronic data storage technology and solutions. The Plaintiff is represented by: Seth D. Rigrodsky, Esq. Brian D. Long, Esq. Gina M. Serra, Esq. Jeremy J. Riley, Esq RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Telephone: (302) 295-5310 E-mail: sdr@rl-legal.com bdl@rl-legal.com gms@rl-legal.com jjr@rl-legal.com EAT GOOD: Faces "Calle" Suit Over Failure to Pay Overtime Wages --------------------------------------------------------------- Guillermo Velasquez Calle, individually and on behalf of others similarly situated v. Eat Good Feel Good Inc. d/b/a City Sandwich, Michael Guerrieri, Anna Maria Guerrieri, and Jason Doe, Case No. 1:15-cv-06931-AJN (S.D.N.Y., September 2, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants own and operate a deli and restaurant located at 649 9th Avenue, New York, New York, 10036. The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, PC 60 East 42nd Street, Suite 2540 New York, NY 10165 Telephone: (212) 317-1200 E-mail: Michael@Faillacelaw.com EDISON INT'L: Andrews & Springer Files Securities Class Suit ------------------------------------------------------------ Andrews & Springer LLC, a boutique securities class action law firm focused on representing shareholders nationwide, announced that a securities fraud class action lawsuit has been filed in the U.S. District Court, Southern District of California, on behalf of investors of Edison International (NYSE:EIX) ("Edison" or the "Company") that held shares between July 31, 2014 and June 24, 2015 (the "Class Period"). Those who purchased Edison securities during the Class Period had until September 4, 2015, to request that the Court appoint them lead plaintiff of the proposed class. A copy of the complaint is available from the Court or from Andrews & Springer LLC. If you would like to join the class action, please visit our website or contact Craig J. Springer, Esq. at cspringer@andrewsspringer.com, or call toll free at 1-800- 423-6013. You may also follow us on LinkedIn - www.linkedin.com/company/andrews-&-springer-llc, Twitter - www.twitter.com/AndrewsSpringer or Facebook - www.facebook.com/AndrewsSpringer for future updates. NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER AND DO NOTHING AT THIS POINT. YOU MAY RETAIN COUNSEL OF YOUR CHOICE. The lawsuit alleges that Edison made false and misleading statements about the Company's business, operational and compliance policies. In particular, the complaint alleges that: (i) Edison's ex parte contacts with CPUC decision makers were more extensive than the Company had reported to CPUC; (ii) that belated disclosure of Edison's ex parte contacts with the California Public Utilities Commission ("CPUC") personnel would jeopardize the Company's $3.3 billion dollar San Onofre Nuclear Generating Station ("SONGS") Settlement; and (iii) as a result of the above, the Company's financial statements were materially false and misleading at all relevant times. On June 22, 2015, the law firm Strumwasser & Woocher released an independent report commissioned by the CPUC in connection with a review of ex parte meetings between utility lobbyists or executives and CPUC decision makers (the "Strumwasser Report"). The Strumwasser Report described such ex parte meetings as frequent, pervasive, and at least sometimes outcome-determinative, and recommended banning them altogether in rate cases. On June 24, 2015, the Utility Reform Network ("TURN") filed an application with the CPUC that charged Edison's largest subsidiary, Southern California Edison ("SCE"), with fraud by concealment and urged the CPUC to set aside the SONGS Settlement and reopen its investigation. As a result, Edison executives caused Edison securities to trade at artificially inflated prices by improperly concealing this information. On this news, shares of Edison declined $1.56 per share or over 2.70%, to close at $56.07 on June 24, 2015. If you wish to serve as lead plaintiff, you must move the Court no later than September 4, 2015. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation, or to discuss your rights or interests regarding this class action, please contact Craig J. Springer, Esq. at cspringer@andrewsspringer.com, or call toll free at 1-800-423-6013. You may also follow us on LinkedIn - www.linkedin.com/company/andrews-&-springer-llc, Twitter - www.twitter.com/AndrewsSpringer or Facebook - www.facebook.com/AndrewsSpringer for future updates. Andrews & Springer is a boutique securities class action law firm representing shareholders nationwide who are victims of securities fraud, breaches of fiduciary duty or corporate misconduct. Having formerly defended some of the largest financial institutions in the world, our founding members use their valuable knowledge, experience, and superior skill for the sole purpose of achieving positive results for investors. These traits are the hallmarks of our innovative approach to each case our Firm decides to prosecute. For more information please visit our website at www.andrewsspringer.com Craig J. Springer, Esq Andrews & Springer LLC 3801 Kennett Pike #305, Wilmington, DE 19807 1-800-423-6013 cspringer@andrewsspringer.com www.andrewsspringer.com. EDISON INT'L: Bronstein Gewirtz Files Securities Class Suit ----------------------------------------------------------- Bronstein, Gewirtz & Grossman, LLC, reminds investors that a securities class action has been filed in the United States District Court for the Southern District of California on behalf of those who purchased shares of Edison International during the period between July 31, 2014 and June 24, 2015 inclusive. (the "Class Period"). The Complaint alleges that throughout the Class Period, defendants made materially false and misleading statements regarding the Company's business, operational and compliance policies. Specifically, defendants made false and/or misleading statements and/or failed to disclose that: (i) Edison's ex parte contacts with CPUC decision makers were more extensive than the Company had reported to CPUC; (ii) that belated disclosure of Edison's ex parte contacts with CPUC personnel would jeopardize the Company's $3.3 billion dollar SONGS Settlement; and (iii) as a result of the above, the Company's financial statements were materially false and misleading at all relevant times. No Class has yet been certified in the above action. If you wish to review a copy of the Complaint, to discuss this action, or have any questions, please contact Peretz Bronstein, Esq. or his Investor Relations Coordinator Eitan Kimelman of Bronstein, Gewirtz & Grossman, LLC at 212-697-6484 or via email info@bgandg.com. Those who inquire by e-mail are encouraged to include their mailing address and telephone number. If you suffered a loss in Edison International you have until September 4, 2015 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn't require that you serve as a lead plaintiff. Bronstein, Gewirtz & Grossman, LLC is a corporate litigation boutique. Our primary expertise is the aggressive pursuit of litigation claims on behalf of our clients. In addition to representing institutions and other investor plaintiffs in class action security litigation, the firm's expertise includes general corporate and commercial litigation, as well as securities arbitration. Peretz Bronstein, Esq. Eitan Kimelman, Esq. Bronstein, Gewirtz & Grossman, LLC 144 N Beverwyck Rd, Lake Hiawatha, NJ 07034 212-697-6484 info@bgandg.com EL POLLO LOCO: Federman & Sherwood Files Securities Class Suit -------------------------------------------------------------- A class action lawsuit was filed in the United States District Court for the Central District of California against El Pollo Loco Holdings, Inc. (NASDAQ: LOCO). The complaint alleges violations of federal securities laws, Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, including allegations of issuing a series of material or false misrepresentations to the market which had the effect of artificially inflating the market price during the Class Period, which is May 15, 2015 through August 13, 2015. Plaintiff seeks to recover damages on behalf of all El Pollo Loco Holdings, Inc. shareholders who purchased common stock during the Class Period and are therefore a member of the Class as described above. You may move the Court no later than, October 23, 2015 to serve as a lead plaintiff for the entire Class. However, in order to do so, you must meet certain legal requirements pursuant to the Private Securities Litigation Reform Act of 1995. If you wish to discuss this action, obtain further information and participate in this or any other securities litigation, or should you have any questions or concerns regarding this notice or preservation of your rights, please contact: Robin Hester, Esq. Federman & Sherwood 10205 North Pennsylvania Avenue Oklahoma City, OK 73120 Telephone: 405.235.1560 Facsimile: 405.239.2112 http://www.federmanlaw.com/ EL POLLO LOCO: Rosen Law Firm Files Securities Class Suit --------------------------------------------------------- The Rosen Law Firm, a global investor rights law firm, announces that a class action lawsuit has been filed on behalf of all purchasers of El Pollo Loco Holdings, Inc. securities from May 15, 2015 through August 13, 2015. The lawsuit seeks to recover damages for El Pollo Loco investors under the federal securities laws. According to the lawsuit, Defendants made false and/or misleading statements and/or failed to disclose adverse information about El Pollo Loco's business and prospects, including that traffic at El Pollo Loco stores had declined substantially due to the removal of value items from the restaurants' menu boards, and that consequently, comparable store sales were not increasing at 3%, much less the 3% to 5% the defendants had led investors to believe they would grow in the second quarter of 2015. On August 13, 2015, El Pollo issued a release revealing its second quarter 2015 results, disclosing that system-wide comparable restaurant sales had grown only 1.3% and reporting sales of just $89.5 million. Shares fell from a close of $18.36 per share on August 13, 2015, to a close of just $14.56 the following day. The lawsuit seeks to recover losses for investors as a result of the allegedly false and misleading statements. If you wish to serve as lead plaintiff, you must move the Court no later than October 23, 2015. A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. If you wish to join the litigation go to the firm's website at http://www.rosenlegal.com/cases-706.htmlor to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. or Kevin Chan, Esq. of The Rosen Law Firm toll-free at 866-767-3653 or via e-mail at pkim@rosenlegal.com or kchan@rosenlegal.com. The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. Phillip Kim, Esq. Kevin Chan, Esq. The Rosen Law Firm 275 Madison Avenue, 34th Floor New York, NY 10016 Phone:+1 978-474-0100 toll-free: 866-767-3653 pkim@rosenlegal.com kchan@rosenlegal.com FERRANDINO & SON: Faces "Devlin" Suit Over Failure to Pay OT ------------------------------------------------------------ Maria Devlin and Julie Thumm, individually and on behalf of all persons similarly situated v. Ferrandino & Son, Inc., Case No. 2:15-cv-04976-NIQA (E.D. Penn., September 3, 2015), is brought against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standard Act. Headquartered in Audubon, Pennsylvania, Ferrandino & Son, Inc., is a service supply chain management provider for more than 50,000 locations throughout the United States. The Plaintiff is represented by: Shanon J. Carson, Esq. Sarah R. Schalman-Bergen, Esq. Alexandra K. Piazza, Esq. Camille Fundora, Esq. BERGER & MONTAGUW, PC 1622 Locust Street Philadelphia, PA 19103 Telephone: (215) 875-3000 Facsimile: (215) 875-4604 E-mail: scarcon@bm.net sschalman-bergen@bm.net apiazza@bm.net cfundora@bm.net FOOD NATION: Recalls Sun Dried Tomato Products Due to Sulfites -------------------------------------------------------------- Food Nation Produce 47-05 Metropolitan Ave Ridgewood, NY 11385 is recalling Western Beef packaged of Sun Dried Tomatoes, because it may contain undeclared sulfites. People who have severe sensitivity to sulfites run the risk of serious of life- threatening allergic reactions if they consume this product. The recalled Western Beef packaged of Sun Dried Tomatoes comes in an un-coded, in a 16 oz. or 32 oz. plastic container and was sold in Western Beef retail supermarkets in New York. The recall was initiated after routine sampling by New York State Department of Agriculture and Markets food inspectors and subsequent analysis of the product by Food Laboratory personnel revealed the presence of sulfites in packages of Western Beef packaged of Sun Dried Tomatoes. While sulfates are permitted in the product when properly labeled, this product did not declare sulfites on the label. The consumption of 10 milligrams of sulfites per serving has been reported to elicit severe reactions in some asthmatics. Anaphylactic shock could occur in certain sulfite sensitive individuals upon ingesting 10 milligrams or more of sulfites. Analysis of the Western Beef package of Sun Dried Tomatoes revealed they contained 32.2 milligrams per serving. No illnesses have been reported to date in connection with this problem. Consumers who have purchased Western Beef package of Sun Dried Tomatoes should return it to the place of purchase. Consumers with questions may contact the company (718) 417-3370. Pictures of the Recalled Products available at: http://www.fda.gov/Safety/Recalls/ucm461376.htm FORD MOTOR: Auto Companies Faces 'Keyless Ignition' Class Suit -------------------------------------------------------------- Palm Beach Post reported that a consumer class action suit against 10 automakers alleges the companies have known for years about the dangers of carbon monoxide poisoning when keyless vehicles continue to run after the drivers have left the car, taking their key fobs with them, according to reports. The issue identified in the lawsuit is that a driver can remove the key fob from the vehicle, mistakenly leaving the car running and emitting carbon monoxide. If the garage is attached to a home, the mistake can be deadly. The class action suit seeks to order Toyota, Ford, Nissan, Honda, BMW, Volkswagen, Bentley, Mercedes-Benz, Hyundai and Kia to install an automatic shutdown feature on the affected vehicles. At least 13 carbon monoxide deaths have been reported in connection with the defect, according to the suit. The suit claims automakers have known about the defect since 2003 and could have prevented the deaths associated with the problem. Previously, the National Highway Traffic Safety Administration said it would establish a rule regarding the keyless ignition safety issue by February 2015, but that ruling has been postponed until 2016. GENERAL MOTORS: Bledsoe Plaintiffs' Post-Judgment Bids Denied ------------------------------------------------------------- Judge Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York denied the reargument and other post-judgment motions filed by Gary Peller Esq., on behalf of the "Bledsoe Plaintiffs" in connection with litigation arising from the announcement by General Motors LLC of the defects in its ignition switches and the issuance by the court of two opinions in connection with the controversy. Mr. Peller moved: (a) to amend the Findings under Fed. R. Bankr. P. 7052; (b) to alter or amend the Judgment, under Fed. R. Bankr. P. 9023 (and, presumably, Fed. R. Civ. P. 59(e)); (c) for relief from the Judgment, under Fed. R. Bankr. P. 9024; and (d) for reargument, under S.D.N.Y. Local Bankruptcy Rule 9023-1. Judge Gerber canvassed the submission in its entirety and found that no material points other than those the court has already specifically addressed were raised and had any merit. The case is In re MOTORS LIQUIDATION COMPANY, et al., f/k/a General Motors Corp., et al., Chapter 11, Debtors, CASE NO. 09- 50026 (REG)(JOINTLY ADMINISTERED) (Bankr. S.D.N.Y.). A full-text copy of Judge Gerber's July 22, 2015 decision and order is available at http://is.gd/KXbZvNfrom Leagle.com Bledsoe Plaintiffs are represented by: Gary Peller, Esq. GARY PELLER 600 New Jersey Avenue N.W. Washington, DC 20001 Tel: (202) 662-9122 Email: peller@law.georgetown.edu General Motors LLC (New GM) is represented by: Arthur J. Steinberg, Esq. Scott I. Davidson, Esq. KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036 Tel: (212) 556-2100 Fax: (212) 556-2222 Email: asteinberg@kslaw.com sdavidson@kslaw.com GENERAL MOTORS: Bids to Withdraw Reference Allowed to Proceed ------------------------------------------------------------- Judge Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York construed and enforced a June 1, 2015 judgment upon the request of General Motors LLC ("New GM"), but not in the way New GM advocated. Judge Gerber concluded that motions to withdraw the reference may proceed without interference by the bankruptcy court. New GM moved for an order to enforce the stay imposed by the June 1 judgment implementing Judge Gerber's April 2015 decision addressing litigation flowing from New GM's announcement of a defect in ignition switches that had been installed in certain GM branded cars. More specifically, New GM sought to apply the judgment's stay against litigation in other courts to enjoin the plaintiffs with whom it is litigating in the MDL and elsewhere from pursuing a withdrawal of the reference of matters that would come before the bankruptcy court under the judgment. Judge Gerber found that the judgment's most specific language, embodying the exclusive jurisdiction on which New GM relies, grants exclusive jurisdiction only "to the fullest extent permissible under law..." Thus, the judge concluded that he needed to construe the judgment in a fashion to avoid the constitutional infirmity that would otherwise result -- and that required construing the judgment so as not to block motions to withdraw the reference. The case is In re MOTORS LIQUIDATION COMPANY, et al., f/k/a General Motors Corp., et al. Chapter 11 Debtors, CASE NO. 09-50026 (REG) (JOINTLY ADMINISTERED) (Bankr. S.D.N.Y.). A full-text copy of Judge Gerber's August 1e, 2015 bench decision and order is available at http://is.gd/6PGk8yfrom Leagle.com. General Motors LLC (New GM) is represented by: Arthur J. Steinberg, Esq. Scott Davidson, Esq. KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036 Tel: (212) 556-2100 Fax: (212) 556-2222 Email: asteinberg@kslaw.com sdavidson@kslaw.com Economic Loss Plaintiffs are represented by: Edward S. Weisfelner, Esq. BROWN RUDNICK 7 Times Square New York, NY 10036 Tel: (212) 209-4800 Fax: (212) 209-4801 Email: eweisfelner@brownrudnick.com -- and -- Sander L. Esserman, Esq. STUTZMAN, BROMBERG, ESSERMAN & PLIFKA, P.C. 2323 Bryan Street, Suite 2200 Dallas, TX 75201-2689 Tel: (214) 969-4900 Fax: (214) 969-4999 Email: esserman@sbep-law.com States of California and Arizona are represented by: Steve W. Berman, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eight Ave., Suite 3300 Seattle, WA 98101 Tel: (206) 623-7292 Fax: (206) 623-0594 Email: steve@hbsslaw.com State of California is represented by: Mark P. Robinson Jr., Esq. ROBINSON CALCAGNIE ROBINSON SHAPIRO DAVIS, INC. 19 Corporate Plaza Drive Newport Beach, CA 92660 Tel: (949) 720-1288 Fax: (949) 720-1292 GOODYEAR TIRE: Sued in Cal. Over Inaccurate Wages Statements ------------------------------------------------------------ Sunil Prasad, on behalf of himself and others similarly situated v. The Goodyear Tire & Rubber Company, and Does 1 through 10, Case No. RG15784470 (D. Cal., September 3, 2015), is brought against the Defendants for failure to provide accurate and complete wage statements. The Goodyear Tire & Rubber Company is an Ohio Corporation and is one of the world's largest tire manufacturers. The Plaintiff is represented by: Kevin F. Woodall, Esq. WOODALL LAW OFFICES 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 413-4629 Facsimile: (866) 937-4109 E-mail: kevin@kwoodalllaw.com HAL COLLUMS: Faces "Lopez" Suit Over Failure to Pay Overtime ------------------------------------------------------------ Rene Lopez and Jose Moran, on behalf of themselves and other persons similarly situated v. Hal Collums Construction LLC, Central City Millworks, LLC, and Hal Collums, Case No. 2:15-cv- 04113 (E.D. La., September 3, 2015), is brought against the Defendants for failure to pay overtime wages for all hours work in excess of 40 hours a workweek. The Defendants are in the business of commercial and residential construction in Louisiana. The Plaintiff is represented by: Roberto Luis Costales, Esq. 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 914-1048 Facsimile: (504) 273-2956 E-mail: costaleslawoffice@gmail.com - and - William H. Beaumont, Esq. 3801 Canal Street, Suite 207 New Orleans, LA 70119 Telephone: (504) 483-8008 E-mail: whbeaumont@gmail.com HONEST COMPANY: Faces "Rubin" Suit Over Product Misbranding ------------------------------------------------------------ Jonathan D. Rubin, individually and on behalf of all those similarly situated v. The Honest Company, Inc., Case No. 3:15-cv- 04036-EDL (N.D. Cal., September 3, 2015), arises out of the Defendant's alleged deceptive and misleading labeling and marketing of Honest Hand Soap, Honest Dish Soap, Honest Diapers, Honest Multi-Surface Cleaner and Honest Sunscreen as both natural and effective, when in fact, Honest Hand Soap, Honest Dish Soap, Honest Diapers, and Honest Multi-Surface Cleaner contain unnatural ingredients, and Honest Sunscreen is ineffective. Headquartered in Santa Monica, California, The Honest Company, Inc. operates a consumer goods company that markets its Products online through the website Honest.com and operates an active storefront on Amazon.com selling the Products. The Plaintiff is represented by: Nicholas A. Carlin, Esq. Conor H. Kennedy, Esq. PHILLIPS, ERLEWINE, GIVEN & CARLIN LLP The Presidio 39 Mesa Street, Suite 201 San Francisco, CA 94129 Telephone: (415) 398-0900 Facsimile: (415) 398-0911 E-mail: nac@phillaw.com chk@phillaw.com JIM'S ANTIQUES: "O'Brien" Suit Seeks to Recover Unpaid Overtime --------------------------------------------------------------- Patrick O'Brien v. Jim's Antiques Ltd. of N.J. Inc. and James Alterman, Case No. 9:15-cv-81256-RLR (S.D. Fla., September 3, 2015), seeks to recover unpaid overtime wages, liquidated damages or pre-judgment interest, post-judgment interest, reasonable attorney's fee and costs pursuant to the Fair Labor Standard Act. The Defendants own and operate an antique store in Florida. The Plaintiff is represented by: Brian J. Militzok, Esq. MILITZOK LAW, P.A. 4600 Sheridan Street, Suite 402 Hollywood, FL 33021 Telephone: (954) 780-8228 Facsimile: (954) 719-4016 E-mail: bjm@militzoklaw.com KENKLEEN CORP: "Rios" Suit Seeks to Recover Unpaid Overtime Wages ----------------------------------------------------------------- Modesto Cortes Rios v. Kenkleen Corp., Kenneth Kinzer, and Zachary Kinzer, Case No. 1:15-cv-05151 (E.D.N.Y., September 3, 2015), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. The Defendants operate a dry cleaning and laundry service with two locations, at 175 Court Street, Brooklyn, New York 11201, and at 109 Front Street, Brooklyn, New York 11201. The Plaintiff is represented by: Adam Braverman, Esq. BRAVERMAN LAW, PC 450 Seventh Avenue, 13th Floor New York, NY 10123 Telephone: (212) 206-8166 E-mail: abraerman@bravermanc.com KING MANAGEMENT: "Rayos" Suit Seeks to Recover Unpaid Overtime -------------------------------------------------------------- Janessa Rayos v. King Management Company, Inc., Gunterville Hotel Corporation, Chrys King and Bill King, Case No. 4:15-cv-01520-SGC (N.D. Ala., September 3, 2015), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. The Defendants operate Aqua Restaurant, in Guntersville, Alabama. The Plaintiff is represented by: Daniel E. Arciniegas, Esq. Rachel McGinley, Esq. Patrick L. Pantazis, Esq. WIGGINS, CHILDS, PANTAZIS, FISHER, & GOLDFARB, LLC The Kress Building 301 19th Street North Birmingham, AL 35203 Telephone: (205) 314-0500 E-mail: dea@wigginschilds.com rmcginley@wigginschilds.com dgp@wigginschilds.com LA CANASTA: Faces "Reyes" Suit Over Failure to Pay Overtime Wages ----------------------------------------------------------------- Dario Jose Jarquin Reyes and all others similarly situated v. La Canasta Latina Corp., Roberta K. Chavez, Case No. 1:15-cv-23333- DPG (S.D. Fla., September 3, 2015), is brought against the Defendants for failure to pay overtime wages for work performed in excess of 40 hours weekly. La Canasta Latina Corp. owns and operates a convenience store in Dade County, Florida. The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Telephone: (305) 865-6766 Facsimile: (305) 865-7167 E-mail: zabogado@aol.com LBS PETROLEUM: DaSilva Law Firm Files Securities Class Suit ----------------------------------------------------------- The Law Offices of Rodrigo S. Da Silva, P.A. announces that it has filed a putative class action suit on behalf of LBS Petroleum, LLC ("Plaintiff") in the United States District Court for the Southern District of Florida, Case No.: 1:15-cv-22880-UU on behalf of purchasers of membership interests in Global Energy Acquisitions, LLC, Demir Energy, LLC, GEA Exploration Fund I, LLC, GEA Exploration Fund II, LLC, GEA Exploration Fund III, LLC, and GEA Exploration Fund IV, LLC's (collectively, the "Oil Venture Entities") (during the period of March 2010 through August 2015 (the "Class Period"). The second amended complaint alleges that the Oil Venture Entities and its CEO Tulga Demir with the assistance of Rachael Robinson and others engaged in violations of the Securities Exchange Act of 1934, the Securities Act of 1933 and the federal regulations promulgated thereunder. The second amended complaint alleges that defendants made false and misleading statements about the qualifications of the principals and financial condition of Oil Venture Entities, including how the investors' funds were to be used by these said entities. The second amended complaint alleges, among other things, that Tulga Demir embezzled the vast majority of the investors' funds to finance his lifestyle and converted the vast majority of the investors' share of revenues generated from the sale of crude oil to local companies in the state of Kentucky, like Barrett Oil Purchasing, Inc. The second amended complaint also alleges that the securities sold by Oil Venture Entities were unregistered because few, if any, of the investors met the standard of accredited investors as defined by Regulation D. The second amended complaint also alleges that Rachael Robinson aided and abetted Tulga Demir by soliciting investors and moving funds embezzled by Tulga Demir through her PayPal account(s). Plaintiff seeks to recover damages on behalf of all purchasers of the Oil Venture Entities' membership interests during the Class Period. Generally, a pendency notice must be filed 20 days after the filing of a case to offer any investor affected the opportunity to be a lead plaintiff in the case. If you are a member of the Class described above, you may, no later than 60 days from, move the court to serve as lead plaintiff of the Class, if you so choose. In order to serve as lead plaintiff, however, you must meet certain legal requirements. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff's counsel, Rodrigo S. Da Silva of Law Offices of Rodrigo S. Da Silva, P.A. at (305) 615-1434 or via e-mail at rodrigo(at)rdasilvalaw(dot)com. Rodrigo S. Da Silva, Esq. Law Offices of Rodrigo S. Da Silva, P.A. 1001 Brickell Bay Drive, 9th Floor, Miami,FL 33131 Tel:(305) 615-1434 Fax: (305) 615-1435 Cell: (917) 613-8799 E-mail: rodrigo@rdasilvalaw.com LEGEND ENERGY: Faces "Booker" Suit Over Failure to Pay Overtime --------------------------------------------------------------- Chris Booker, individually and on behalf of all others similarly situated v. Legend Energy Services, LLC, Case No. 1:15-cv-01909- MEH (D. Colo., September 3, 2016), is brought against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standard Act. Headquartered in Oklahoma City, Oklahoma, Legend Energy Services, LLC, operates a commercial support service company. The Plaintiff is represented by: Don J. Foty, Esq. KENNEDY HODGES, L.L.P. 711W. Alabama St. Houston, TX 77006 Telephone: (713) 523-0001 Facsimile: (713) 523-1116 E-mail: dfoty@kennedyhodges.com LINCOLN NATIONAL: Sued in Ind. Over Disability Insurance Policy --------------------------------------------------------------- Lanisa Kelly, individually and on behalf of all similarly situated individuals v. Lincoln National Life Insurance Company, Case No. 4:15-cv-00126-TWP-TAB (S.D. Ind., September 3, 2015), seeks legal, equitable and pecuniary damages relating to the Defendant's actions in the administration of a group long term disability insurance policy, systemic reduction of insurance benefits by Social Security disability benefits and denial of benefits. Lincoln National Life Insurance Company is an Indiana corporation that operates an insurance company. The Plaintiff is represented by: Michael D. Grabhorn, Esq. Andrew M. Grabhorn, Esq. GRABHORN LAW OFFICE, PLLC 2525 Nelson Miller Parkway, Suite 107 Louisville, KY 40223 Telephone: (502) 244-9331 Facsimile: (502) 244-9334 E-mail: m.grabhorn@grabhornlaw.com a.grabhorn@grabhornlaw.com M&B LOUNGE: Faces "Simpson" Suit Over Failure to Pay Overtime ------------------------------------------------------------- Tynisha Simpson, individually and on behalf of all others similarly situated v. M&B Lounge, LP, Roberta-Claire, LLC, Leyla Measho, Freddie Muk, and Ebot Mbi, Case No. 3:15-cv-02899-M (N.D. Tex., September 3, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants run a restaurant and bar in Texas. The Plaintiff is represented by: J. Derek Braziel, Esq. J. Forester, Esq. LEE & BRAZIEL, L.L.P. 1801 N. Lamar Street, Suite 325 Dallas, TX 75202 Telephone: (214) 749-1400 Facsimile: (214) 749-1010 E-mail: www.overtimelawyer.com MASTEC NORTH: "Neary" Suit Seeks to Recover Unpaid OT Wages ----------------------------------------------------------- Francis Neary, on behalf of himself and all others similarly situated v. Mastec North America, Inc., Jose R. Mas, George L. Pita, and Christopher Tremblay, Case No. 15-2650H (D. Mass., September 3, 2015), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. The Defendants are in the business of installing security and home automation systems for residential and commercial purposes. The Plaintiff is represented by: Philip J. Gordon, Esq. Kristen M. Hurley, Esq. GORDON LAW GROUP, LLP 585 Boylston Street Boston, MA 02116 Telephone: (617) 536-1800 E-mail: pgordon@gordonllp.com khurley@gordonllp.com - and - Michael T. Marshall, Esq. THE MARSHALL LAW FIRM 745 Atlantic Avenue, 8th Floor Boston, MA 02111 Telephone: (617) 903-7483 E-mail: Michael@MLBoston.com MDC PARTNERS: September 29 Lead Plaintiff Bid Deadline ------------------------------------------------------ The Law Offices of Vincent Wong announce that a class action lawsuit has been commenced in the USDC for the Southern District of New York on behalf of investors who purchased MDC Partners Inc. (NASDAQ:MDCA) securities between September 24, 2013 and April 27, 2015. Click here to learn about the case: http://docs.wongesq.com/MDCA- Info-Request-Form-865. There is no cost or obligation to you. According to the complaint, throughout the Class Period defendants issues materially false and misleading statements and/or failed to disclose material information. On April 27, 2015 the Company announced its financial results for the first quarter ended March 31, 2015. The Company also announced that: (a) it had been actively cooperating with an SEC investigation relating to the reimbursement of expenses incurred by CEO Miles Nadal; (b) that Mr. Nadal had agreed to reimburse the Company $8.6 million, (c) during the quarter ended March 31, 2015, the Company incurred approximately $5.8 million in legal fees and other related expenses relating to the inquiry; and (d) the Company reassigned its CFO, Michael Sabatino, to a new role in the Company. If you suffered a loss in MDC Partners you have until September 29, 2015 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn't require that you serve as a lead plaintiff. To obtain additional information, contact Vincent Wong, Esq. either via email vw@wongesq.com, by telephone at 212.425.1140, or visit http://docs.wongesq.com/MDCA- Info-Request-Form-865. Vincent Wong, Esq. The Law Offices of Vincent Wong 39 East Broadway Suite 304 New York, NY 10002 Tel. 212.425.1140 Fax. 866.699.3880 E-Mail: www.wongesq.com/ NATIONAL FOOTBALL: Faces Jammers Suit Over NFL Sunday Games ----------------------------------------------------------- Jammers, Inc. d/b/a/ Flight's Restaurant / Flight's Beer Bar, individually, and on behalf of all others similarly situated v. National Football League, Inc., NFL Enterprises LLC, DirecTv, LLC, and DirecTv Holdings LLC, Case No. 2:15-cv-06959 (C.D. Cal., September 3, 2015), arises from the Defendants' alleged unlawful agreement to restrict the output of, and raise the prices for, the live broadcast of National Football League Sunday afternoon out of market games. National Football League, Inc. an unincorporated association of 32 American professional football teams in the United States. NFL Enterprises, LLC was organized to hold the broadcast rights of the 32 NFL teams and license them to providers and other broadcasters. DirecTV Holdings, LLC is a Delaware Limited Liability Company and has its principal place of business at 2230 East Imperial Highway, El Segundo, California. DirecTV is a direct broadcast satellite service provider and broadcaster. DirecTV, LLC is a California Limited Liability Company that has its principal place of business at 2230 East Imperial Highway, El Segundo, California. DirecTV, LLC issues bills to its subscribers. The Plaintiff is represented by: Caleb Marker, Esq. ZIMMERMAN REED, LLP 555 E. Ocean Blvd., Suite 500 Long Beach, CA 90802 Telephone: (877) 500-8780 Facsimile: (877) 500-8781 E-mail: caleb.marker@zimmreed.com - and - Brian C. Gudmundson, Esq. Jason R. Lee, Esq. ZIMMERMAN REED, LLP 1100 IDS Center, 80 South 8th Street Minneapolis, MN 55402 Telephone: (612) 341-0400 Facsimile: (612) 341-0844 E-mail: brian.gudmundson@zimmreed.com Jason.lee@zimmreed.com - and - Arthur M. Murray, Esq. MURRAY LAW FIRM 650 Poydras Street, Suite 2150 New Orleans, LO 70130 Telephone: (504) 525-8100 Facsimile: (504) 584-5249 E-mail: amurray@murray-lawfirm.com NAUTICA TRANSPORT: Faces "Diaz" Suit Over Failure to Pay Overtime ----------------------------------------------------------------- Isaac Diaz and all others similarly situated v. Nautica Transport Inc. and Hary Sardinas, Case No. 1:15-cv-23337-CMA (S.D. Fla., September 3, 2015), is brought against the Defendants for failure to pay overtime wages for work performed in excess of 40 hours weekly. The Defendants own and operate a trucking company that regularly transacts business within Dade County, Florida. The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Telephone: (305) 865-6766 Facsimile: (305) 865-7167 E-mail: zabogado@aol.com NESTLE INDIA: Will Try to Bring Back Maggi By Year End ------------------------------------------------------ Suresh Narayanan, writing for The Economic Times, reported that bolstered by the Bombay High Court order overturning ban on Maggi, Nestle India plans to bring back the popular instant noodles back in the market by end of this year subject to certain clearances. The company, which has taken a hit of INR450 crore, including destroying over 30,000 tonnes of the instant noodles since June when it was banned because of alleged excessive lead content, says it will continue with the existing formula of the product and not change the ingredients. "We will try and target something that is better than that. My desire is to do it before that but let's see," Nestle India Managing Director Suresh Narayanan told PTI in an interaction when asked whether Maggi noodles could be back in the market by start of the next year. He said as per court directives, this quarter it would go in for testing of Maggi samples at three independent laboratories in Punjab, Hyderabad and Jaipur which are accredited with National Accreditation Board for Testing and Calibration Laboratories (NABL). "By the time we get everything done (all clearances), it will be middle of September. I can tell you this quarter no, unlikely. Subsequent quarter, we will try (to bring back Maggi)," Narayanan said. He said the company has to test the Maggi samples within six weeks and after that it would start manufacturing and then the noodles would be tested again. Asked whether the recent problems would make the company change ingredients of the instant noodles, Narayanan replied in the negative saying "what has worked for 30 years" must work in future too, although the company would continue to work on innovation and add more variants in future. Acknowledging that the ban has 'dented' the company, Narayanan said the company has to win back consumer confidence and will "spend aggressively" on rebuilding the brand from a "zero" level through customer engagement activities and advertisements. When asked if the company would consider seeking damages from food regulators on the back of Bombay High Court judgement, Narayanan remained non-committal said the company's focus would be to bring back Maggi as soon as possible, look ahead and move on while working together with authorities. The Consumer Affairs Ministry has filed a class action suit against Nestle India seeking about INR640 crore in damages for alleged unfair trade practices, false labeling and misleading advertisements. It was for the first time that the ministry dragged a company to the National Consumer Disputes Redressal Commission (NCDRC) using a provision in the nearly three-decade-old Consumer Protection Act. Narayanan said the company was confident of defending itself as it has done in the Bombay High Court, which lifted the ban imposed by food regulators on Maggi noodles while ordering a fresh test of samples in three independent laboratories across India. Nestle India had reported a standalone loss of INR64.40 crore for the quarter ended June 30, 2015, its first quarterly loss in over three decades. It had posted a net profit of INR287.86 crore during the April-June quarter of FY 2014-15. On questions raised by the Food Safety and Standards Authority of India (FSSAI) that why did Nestle destroy Maggi if it was safe and not export it, he said: "There was some confusion in the mind of consumers. We took a call that consumer trust is most important for us, we will withdraw everything. Once you withdraw what do you do do? Either you change the packaging and put it back in the market or you destroy it." He said a lot of consumers at some stage had started asking the question about monosodium glutamate (MSG) as to whether it is an added chemical or does it occur naturally. "We explained that glutamic acid naturally exists in a lot of food products. We don't add it as a chemical or additive," he said. On allegations of difference in Maggi's export and domestic consumption quality, Narayanan said: "Difference in exported product and Indian product is only of packaging. It is very difficult to export (Maggi meant for consumption in India) as the packaging is different in every country." Narayanan had earlier stated that Nestle India would consider introducing new products, including those under the Maggi brand, while looking to drive growth of other categories with increased advertising spending, as it looks to overcome the setback from the ban on its flagship instant noodles. In June, the FSSAI had banned Maggi noodles saying it was "unsafe and hazardous" for consumption after finding lead levels beyond permissible limits. The company had withdrawn the instant noodles from the market. NEW FIGUEROA: Sued Over Failure to Provide Workers Rest Period -------------------------------------------------------------- Jacob Misael Vasquez Guzman, an individual, and all other similarly situated v. The New Figueroa Hotel, Inc. and Does 1 through 50, Case No. BC593678 (D. Cal., September 3, 2015), is brought against the Defendant for failure to provide rest periods in violation of the California Labor Code. The Defendants own and operate the Hotel Figueroa, located at 939 South Figueroa Street, Los Angeles, California 90015. The Plaintiff is represented by: Omid Nosrati, Esq. Tatiana Toroyan, Esq. THE LAW OFFICE OF OMID NOSRATI 1875 Century Park East, 6th Floor Los Angeles, CA 90067 Telephone: (310) 553-5630 Facsimile: (310) 553-5691 E-mail: omid@nosratilaw.com tatiana@nosratilaw.com NORTHWEST BIO: Pomerantz LLP Files Securities Class Suit -------------------------------------------------------- Pomerantz LLP announces that a class action lawsuit has been filed against Northwest Biotherapeutics, Inc. ("Northwest Biotherapeutics" or the "Company") and certain of its officers. The class action, filed in United States District Court, District of Maryland, Greenbelt Division, and docketed under 8:15-cv-02532, is on behalf of a class consisting of all persons or entities who purchased Northwest Biotherapeutics securities between March 8, 2013 and August 20, 2015 inclusive (the "Class Period"). This class action seeks to recover damages against Defendants for alleged violations of the federal securities laws under the Securities Exchange Act of 1934 (the "Exchange Act"). If you are a shareholder who purchased Northwest Biotherapeutics securities during the Class Period, you have until October 26, 2015 to ask the Court to appoint you as Lead Plaintiff for the class. A copy of the Complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Robert S. Willoughby at rswilloughby@pomlaw.com or 888.476.6529 (or 888.4- POMLAW), toll free, ext. 9980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and number of shares purchased. Northwest Biotherapeutics, a development stage biotechnology company, discovers and develops immunotherapy products to treat cancers in the United States and internationally. The Company is involved in the development of DCVax, a platform technology that uses activated dendritic cells to mobilize a patient's own immune system to attack cancer. The Company's products include DCVax-L, a brain and ovarian cancer treatment currently undergoing a Phase III trial in Germany (the "DCVax-L Trial"); DCVax-Direct, a treatment for various types of inoperable solid tumor cancers currently undergoing Phase I/II clinical trial (the "DCVax-Direct Trial"); and DCVax-Prostate, a treatment for late-stage hormone-independent prostate cancer. The Complaint alleges that throughout the Class Period, Defendants made false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) the Company's claims regarding positive results from its DCVax- Direct Trial were based on preliminary and unconfirmed trial results; (ii) the DCVax-Direct Trial results on which the Company reported had not been reviewed or analyzed by the hospitals conducting the trials; (iii) the Company's statements about DCVax- Direct were derived from patient case report forms, which the hospitals were obliged to send to the Company only because it sponsored the study; (iv) the Company was the subject of an aggressive stock promotion campaign which included promoters using fictitious identities and false credentials; (v) German regulators required additional information from the Company in order for the Company's DCVax-L Trial to continue uninterrupted; and (vi) as a result of the above, the Company's financial statements were materially false and misleading at all relevant times. On June 19, 2014, The Street.com reported that MD Anderson had issued a stern rebuke to Northwest Bio for making promotional, unjustified claims about results from the ongoing clinical trial of DCVax-Direct. On this news, Northwest Biotherapeutics securities declined $1.79 per share, or almost 20%, on unusually heavy trading volume, to close at $7.18 per share on June 19, 2014. On July 7, 2014, a report published on SeekingAlpha.com stated that "Northwest Bio has been the subject of a massive promotional campaign which has seen the [Company's] stock price soar" and that "in some cases, authors have used fictitious identities and fake credentials within healthcare or finance. In fact, they are simply paid writers." On this news, Northwest Biotherapeutics securities declined $0.43 per share, or more than 6%, to close at $6.71 on July 7, 2014. On August 21, 2015, pre-market, news broke that the Company's Phase 3 DCVax-L brain cancer treatment clinical trial in Germany was temporarily suspended. Later on the same day, the Company stated that new screening of patient candidates for the trial had been temporarily suspended while the Company submitted certain information from the trial for regulatory review. On this news, Northwest Biotherapeutics securities fell $1.92, or 2.16%, to close at $6.96 on August 21, 2015. The Pomerantz Firm, with offices in New York, Chicago, Florida, and Los Angeles, is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, the Pomerantz Firm pioneered the field of securities class actions. More than 70 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class members. Robert S. Willoughby, Esq. Pomerantz LLP rswilloughby@pomlaw.com 600 Third Avenue New York, NY 10016 Tel: 212.661.1100 or 1.888.4.POMLAW Fax: 212.661.8665 http://pomerantzlawfirm.com/ OKLAHOMA: Couple Files Class Suit Over Indian Child Welfare Act --------------------------------------------------------------- Randy Ellis, writing for Tulsa World, reported that an Oklahoma couple has filed a federal lawsuit challenging the constitutionality of portions of the Oklahoma Indian Child Welfare Act. The couple specifically objects to provisions of the Oklahoma act that permit tribes to intervene in private, voluntary adoption cases involving Indian children. Under the Oklahoma law, tribes are allowed to intervene -- even when both birth parents oppose tribal intervention and have agreed on who they want as adoptive parents for their child. "It's nobody's business who is involved in the adoption and they shouldn't have to give anybody any notice and run the risk of having all their personal information exposed to other people," said Tulsa attorney Paul Swain, who represents the couple in the lawsuit filed in Tulsa federal court. The couple contends that people of Indian descent, just like non- Indians, should have a right to privacy in voluntary adoption cases and that the state law giving tribes the authority to intervene violates their constitutional rights to due process and equal protection under the law. Oklahoma Attorney General Scott Pruitt and Cherokee Nation Attorney General Todd Hembree are listed as defendants in the lawsuit because of their official positions. Chrissi Nimmo, assistant attorney general for the Cherokee Nation, said the tribe believes it is important for tribes to have a voice in adoptions of Indian children and it plans to vigorously defend the law. The Cherokee Nation is a government and has an interest in what happens to its citizens, just like the State of Oklahoma has an interest in what happens to its residents, she said. "In addition, we have a history that led to the Indian Child Welfare Act of children being removed from their tribes and their families," Nimmo said. "Even in voluntary placements, there's a long history where young mothers were coerced by adoption agencies to place their children for adoption because there was an attitude that a child would be much better off with a middle class or upper middle class home than to be raised by a young Indian mother." Nimmo said the Cherokee Nation likes to be notified early when a tribal member wants to put a child up for adoption so that the tribe can work with the birth parents to identify prospective Indian adoptive parents agreeable to all, before other arrangements have been made. The Oklahoma Supreme Court has previously upheld the constitutionality of the Oklahoma act, she said. A spokesman for Pruitt said he had not yet seen the lawsuit. The lawsuit uses fictitious names to identify both the birth parents and prospective adoptive parents to protect their identities. The birth couple, who are both 18 and unmarried, are referred to as Jane and John Doe, while the prospective adoptive parents are referred to as Richard and Mary Roe. "After discussing the matter with their counsel, Jane and John Doe became incensed that the Cherokee Nation would have any right to interfere with the adoption plan . . . which they had agonized over for many months," the lawsuit states. Although the birth mother is enrolled in the Cherokee Nation, the birth father is not and neither birth parent grew up following tribal traditions or participating in tribal events, the lawsuits says. "They do not know anything about the Cherokee culture and heritage and, at this point, they have no interest in learning about those subjects," the lawsuit states. The prospective adoptive father is enrolled in the Cherokee Nation, but the prospective adoptive mother is not enrolled in an Indian tribe, according to the lawsuit. "Jane and John Doe are also adamant that they do not want the Cherokee Nation put on notice regarding Baby Doe's adoption," the lawsuit says. "This notice will result in word spreading in the tribal offices of their adoption plan in violation of their privacy rights and if the tribe seeks out alternate placements, then others in the tribal community will learn of their adoption plan and John and Jane Doe feel that the decisions that they have made for their child are confidential and are not the proper subject for discussions among tribal members. "This will result in embarrassment and immense pressure to deviate from what Jane and John Doe have determined to be the best decision for Baby Doe." The lawsuit states that the initial couple that the birth parents selected to serve as adoptive parents "made the tearful decision to withdraw from the adoption because they did not want to experience the emotional turmoil of litigating an adoption case." That couple was not of Indian descent, but had an adoption profile that impressed the birth parents, who spent months building a relationship with them, the lawsuit says. The birth parents subsequently selected another couple as prospective adoptive parents, and that couple joined them in filing the federal lawsuit. The Oklahoma Indian Child Welfare Act goes beyond the federal Indian Child Welfare Act by granting tribes the right to intervene in voluntary adoption cases, the lawsuit says. The federal act gives tribes the right to intervene in cases where there has been an involuntary termination of parental rights, which can happen for a number of reasons including abandonment, neglect, abuse or failure to provide financial support for a child. Under state law, when an Indian child is put up for adoption -- absent good cause to take other action -- preference is to be given to a member of the child's extended family, other members of the Indian child's tribe or other Indian families. Both the state and federal Indian Child Welfare Acts were written to halt a trend of huge numbers of American Indian children being taken from their parents and placed with white foster or adoptive parents because of cultural differences rather than actual abuse or neglect. The federal and state Indian Child Welfare Acts both have come under attack recently in a number of court cases. In May, the Oklahoma Court of Civil Appeals ruled that contrary to new Bureau of Indian Affairs guidelines, a judge can deviate from child placement preference contained in the federal Indian Child Welfare Act when such action is in the best interest of a child. In July, the Goldwater Institute filed a class-action lawsuit in Phoenix contending the federal Indian Child Welfare Act is unconstitutional because it doesn't give Indian children the same right that other children have to be placed in homes based on their best interests, without regard to their race. That case is pending. The Oklahoma and federal Indian Child Welfare Acts frequently come into play in Oklahoma foster child placement and adoption cases. About 30 percent of the children in state care have American Indian ancestry, according to a spokeswoman for the Oklahoma Department of Human Services. PANASONIC CORP: Faces MakersLED Suit Over Resistor-Price Fixing --------------------------------------------------------------- MakersLED LLC on behalf of itself and all others similarly situated v. Panasonic Corporation, et al., Case No. 5:15-cv-04042 (N.D. Cal., September 3, 2015), arises from the Defendants' and others' alleged unlawful combination, agreement and conspiracy to inflate, fix, raise, maintain or artificially stabilize prices of linear resistors sold in the United States. Panasonic Corporation is a Japanese corporation with its principal place of business located at 1006 Oaza Kadoma, Kadoma-shi, Osaka 571-8501, Japan. Panasonic is one of the world's leading manufacturers of resistors. The Plaintiff is represented by: Joseph W. Cotchett, Esq. Steven N. Williams, Esq. Demetrius X. Lambrinos, Esq. Elizabeth T. Tran, Esq. Joyce Chang, Esq. COTCHETT, PITRE & McCARTHY, LLP 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: 650-697-6000 Facsimile: 650-697-0577 E-mail: jcotchett@cmplegal.com swillims@cmplegal.com dlambrinos@cmplegal.com etran@cmplegal.com jchang@cmplegal.com - and - W. Joseph Bruckner, Esq. Heidi M. Silton, Esq. Elizabeth R. Odette, Esq. Brian D. Clark, Esq. LOCKRIDGE GRINDAL NAUEN P.L.L.P. 100 Washington Avenue South, Suite 2200 Minneapolis, MN 55401 Telephone: (612) 339-6900 Facsimile: (612) 339-0981 E-mail: wjbruckner@locklaw.com hmsilton@locklaw.com erodette@locklaw.com bdclark@locklaw.com PAUL EDWARD KOCH: Court Dismisses Counterclaims in FDCPA Suit ------------------------------------------------------------- Senior District Judge William M. Nickerson of the United States District Court for the District of Maryland dismissed Defendant's counterclaims in the case, BRYANT MOORE et al. v. PAUL EDWARD KOCH, II, Case No. WMN-15-620 (D. Md.). Plaintiffs brought a potential class action under the Fair Debt Collection Practices Act (FDCPA), the Maryland Consumer Debt Collection Act and the Maryland Consumer Protection Act. Defendant is a debt collector and, on or about May 6, 2014, he sent Plaintiffs a letter for the purpose of collecting on that judgment, with interest. Defendant sent an additional collection letter on June 11, 2014, and filed a request for the garnishment of Plaintiff Sherri Moore's wages on January 8, 2015. Plaintiffs alleged that Defendant made false and misleading representations in the collection efforts. Defendant answered the Complaint and also asserted four counterclaims (1) he acknowledges that he has attempted to collect this debt which was assigned to him by Mr. Barwick, (2) he asserts that Plaintiffs have filed numerous frivolous motions and appeals in Maryland courts and filed one or more frivolous complaints against him with various government agencies, (3) he alleges that Plaintiffs threatened to file a lawsuit against him unless he stopped all collection efforts, and (4) he asserts counterclaims for Tortious Interference with Business Relations (Count I), Malicious Interference with the Right to Pursue a Lawful Business, Trade, or Occupation (Count II), Abuse of Process (Count III), and Set-off and/or Recoupment (Count IV). Plaintiffs moved to dismiss the Counterclaim under Rule 12(b)(6) of the Federal Rules of Civil Procedure, asserting that the facts alleged are insufficient to support these causes of action. In his Memorandum dated July 21, 2015 available at http://is.gd/wtNrAOfrom Leagle.com, Judge Nickerson concluded that Counts I, II, and III are sufficiently related to the Plaintiffs' claims that they were properly asserted as compulsory counterclaims and that the counterclaims failed to to state claims upon which relief could be granted. Plaintiffs are represented by: E. David Hoskins, Esq. Max F Brauer, Esq. LAW OFFICES OF E. DAVID HOSKINS 16 E Lombard St Baltimore, MD 21231 Tel: (410)662-6500 Defendant is represented by: George Weiss, Esq. Brian R. Bregman, Esq. BASCIETTO AND BREGMAN LLC 515 Main St Laurel, MD 20707 Tel: (301)362-0009 PLAINS ALL: Hagens Berman Files Securities Fraud Class Suit ----------------------------------------------------------- Hagens Berman Sobol Shapiro LLP, a national investor-rights law firm, alerts investors of the October 16, 2015 lead plaintiff deadline in the securities fraud class action lawsuit filed against Plains All American Pipeline, L.P. or Plains GP Holdings, L.P. PAA, +3.20% PAGP, +1.85% ("Plains" or "the Company"). If you have losses greater than $300,000 in Plains' securities during the Class Period, contact Hagens Berman Partner Reed Kathrein, who is leading the firm's investigation, by calling (510) 725-3000, emailing PAA@hbsslaw.com or visiting http://hb- securities.com/investigations/PAA Two lawsuits have been filed and are pending in U.S. District Courts for the Central District of California and the Southern District of Texas. The cases are filed on behalf of all investors who purchased the Common Units of Plains All American Pipeline, L.P. (PAA) between February 27, 2013 and August 4, 2015, inclusive, and the Class A Shares of Plains GP Holdings, L.P. (PAGP) between October 16, 2013 and August 4, 2015, inclusive, (the "Class Period"). The complaint alleged that defendants failed to disclose the lack of integrity concerning the Company's pipeline operations as well as their lack of compliance with federal regulations. During the Class Period, Plains executives characterized its Line 901 pipeline off the coast of Santa Barbara, California as "state of the art," with an oil spill qualified as "extremely unlikely." Yet on May 19, 2015, Line 901 ruptured, causing a spill that impacted several miles of some of the most environmentally sensitive and protected coastline in North America. The Company told investors this was a small spill, and estimated that in the "worst case" only 2,400 barrels were released into the Pacific coastline. However, the truth was revealed on August 5, 2015, when defendants announced that the spill was much greater than initially estimated and that the U.S. Department of Justice had initiated a criminal investigation. In response to disclosures concerning the spill and the truth about the Company's operations, the price of Plains securities have declined by nearly 30%. Plains Holdings Class A Shares have similarly declined in value, falling $5.65 per share on August 5, 2015, or over 20%. If you were negatively impacted by over $300,000 in your investment in PAA between February 27, 2013 and August 4, 2015, or PAGP between October 16, 2013 and August 4, 2015, and would like to learn more about this lawsuit and your ability to participate as a lead plaintiff, please contact us for your no-cost evaluation. Whistleblowers: Persons with non-public information regarding Plains should consider their options to help in the investigation or take advantage of the SEC Whistleblower program. Under the new SEC whistleblower program, whistleblowers who provide original information may receive rewards totaling up to 30 percent of any successful recovery made by the SEC. For more information, call Reed Kathrein at (510) 725-3000 or email PAA@hbsslaw.com. About Hagens Berman Hagens Berman Sobol Shapiro LLP is an investor-rights class-action law firm headquartered in Seattle, Washington with offices in nine cities. The firm represents investors, whistleblowers, workers and consumers in complex litigation. More about the firm and its successes can be found at www.hbsslaw.com. Read the firm's Securities Newsletter at http://www.hb-securities.com/newsletter. The firm's blog is located at www.meaningfuldisclosure.com. For the latest news from Hagens Berman, visit http://www.hbsslaw.com/newsroomor follow us on Twitter at @hagensberman. Reed Kathrein, Esq Hagens Berman Sobol Shapiro LLP 55 Cambridge Parkway, Suite 301 Cambridge, MA 02142 Tel. (617) 482-3700 Fax. (617) 482-3003 www.hbsslaw.com PRO OILFIELD: Faces "McDonald" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Victor McDonald, on behalf of himself and all others similarly situated v. Pro Oilfield Services, LLC, Case No. 7:15-cv-00140 (W.D. Tex., September 3, 2015), is brought against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standard Act. Pro Oilfield Services, LLC provides various oil and gas services to its customers in the oil and gas industry, including but not limited to wire-line services, pump down perforating services, completion services, pipe recovery services and cased hole logging. The Plaintiff is represented by: Jeremi K. Young, Esq. Rachael Rustmann, Esq. THE YOUNG LAW FIRM, P.C. 1001 S. Harrison, Suite 200 Amarillo, TX 79101 Telephone: (806) 331.1800 Facsimile: (806) 398.9095 E-mail: jyoung@youngfirm.com rachael@youngfirm.com RASPADOS DON: Faces "Ibarra" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Juana Ibarra v. Raspados Don Manuel, Manuel Tirado, Alma Acuna, and Does 1-10, inclusive, Case No. BC593705 (D. Cal., September 3, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. Raspados Don Manuel is a business which purpose is to prepare and sell flavored shaved ice to the public. The Plaintiff is represented by: Rick Hicks, Esq. Eugenia Hicks, Esq. HICKS & HICKS 9595 Wilshire Blvd., Suite 900 Beverly Hills, CA 90212 Telephone: (310)274-2974 E-mail: rickhicksnavyseal@hickslaw.net eugenia.hicks@hickslaw.net SOULCYCLE: Faces Class Suit Over Forfeiture of Unused Passes ------------------------------------------------------------ Samantha Chang, writing for Digital Journal, reported that a class action lawsuit has been filed against SoulCycle alleging the fitness chain is illegally profiting from customers by placing unreasonably short expiration dates on its exercise class passes. In the federal lawsuit filed Aug. 25 in Los Angeles, California, attorneys for the plaintiffs claim SoulCycle routinely forces its customers to forfeit unused fitness classes by placing overly restrictive and short expiration dates on its "series" certificates. "SoulCycle's practice of forcing its customers to forfeit unused exercise sessions is the epitome of soulless unlawful greed," said attorney Dorian Berger of Olavi Dunne LLP. "SoulCycle should not be able to profit from selling exercise classes that it knows will expire before a customer has a chance to redeem them." According to the lead plaintiff, a California woman named Rachel Cody, SoulCycle lures customers into buying multi-class passes for sessions that expire in as little as 30 days. "Congress passed legislation stopping companies from placing expiration dates shorter than five years on certificates redeemable for products and even exercise classes," said Berger. "It is time SoulCycle put its customers first, live up to its name, and comply with the law." Many customers have lost thousands of dollars due to SoulCycle's draconian expiration policies, the lawsuit alleges. The class action demands SoulCycle refund the money it made from cancelling sessions based on its unreasonable expiration dates. "We believe thousands of people across America have been unable to use the certificates SoulCycle forces customers to purchase based on unlawful expiration dates," said co-counsel Daniel Hipskind. This isn't the first time SoulCycle has been sued. In 2013, a class action was filed against SoulCycle by a former employee who claimed the chain violated wage laws by failing to pay its instructors for the extra work they do marketing, communicating with clients and attending corporate training programs. That lawsuit was later settled out of court. In April 2015, a New York judge allowed attorney Douglas Wigdor to proceed in his breach of contract lawsuit against SoulCycle for unlawfully banning him from classes because he had represented the former employee who had sued the fitness chain for cheating him out of his wages. Ironically, SoulCycle is known for its loyal customer base, which includes celebrities such as Kelly Ripa, David Beckham and Jessica Alba. The classes aren't cheap, either. One class usually costs $34, according to Business Insider. With the $3 shoe rental fee and a $2 water bottle, a single session can cost $39. SoulCycle said its policy is to not comment on pending litigation. SoulCycle, which recently filed for an initial public offering, posted revenue of $112 million in 2014 -- almost double the $75 million it generated in 2013. TIME WARNER: Illegally Retains Customers Personal Info, Suit Says ----------------------------------------------------------------- Derek Gubala, individually and on behalf of all others similarly situated v. Time Warner Cable, Inc., Case No. 2:15-CV-1078 (E.D. Wis., September 3, 2015), is brought against the Defendant for failure to destroy customers' personally identifiable information after termination of services. Time Warner Cable, Inc. is a cable telecommunications company with its principal place of business located at 60 Columbus Circle in New York City, New York. The Plaintiff is represented by: Joseph J. Siprut, Esq. Richard L. Miller II, Esq. Ismael T. Salam, Esq. SIPRUT PC 17 N. State Street, Suite 1600 Chicago, IL 60602 Telephone: (312) 236-0000 Facsimile: (312) 241-1260 E-mail: jsiprut@siprut.com rmiller@siprut.com isalam@siprut.com - and - Jacob E. Miota, Esq. MIOTA LAW LLC 1400 E. Olive Street Shorewood, WI 53211 Telephone: 414.973.9305 Facsimile: 414.386.4675 E-mail: jmiota@miotalaw.com TRINET GROUP: Glancy Prongay Files Securities Class Suit -------------------------------------------------------- Glancy Prongay & Murray LLP ("GPM") announces the filing of a class action lawsuit on behalf of investors of TriNet Group, Inc., who purchased TriNet shares between May 5, 2014 and August 3, 2015 inclusive (the "Class Period"). Investment Technology Group investors have until October 6, 2015 to file a lead plaintiff motion. On August 3, 2015, after the market close, TriNet reported a second-quarter loss of $1.3 million, after reporting a profit in the same period a year earlier. TriNet, a human resources services outsourcing company, said it had a loss of 2 cents per share during the quarter, and earnings, adjusted for one-time gains and costs, of 14 cents per share. The results missed Wall Street analyst expectations where expectations were for earnings of 27 cents per share. On this news shares of TriNet dropped significantly during after-hours trading on August 3, 2015. The complaint alleges that TriNet misled investors by failing to adequately disclose that (a) the Company's processes and methodologies for analyzing and accruing claims failed to properly account for historical claims trends; (b) the Company's forecasting process failed to properly incorporate relevant historical and current claims trends; and (c) the Company was experiencing growing claims trends in medical and workers compensation that negatively affected the Company's current and future business prospects. If you purchased shares of TriNet during the Class Period, have information or would like to learn more about these claims, or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Casey Sadler, of GPM, 1925 Century Park East, Suite 2100, Los Angeles, California 90067 at 310-201-9150, Toll-Free at 888-773-9224, by email to shareholders@glancylaw.com, or visit our website at http://www.glancylaw.com.If you inquire by email please include your mailing address, telephone number and number of shares purchased. Lesley Portnoy, Esq Glancy Prongay & Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 Phone: (310) 201-9150 Toll-free: (888) 773-9224 Fax: (310) 432-1495 info@glancylaw.com TRULAND GROUP: Agrees to Settle Former Employees' Class Suit ------------------------------------------------------------ Daniel J. Sernovitz, writing for Washington Business Journal, reported that hundreds of employees who lost their jobs when Reston-based electrical contractor Truland Group Inc. suddenly shut down could soon get some financial relief. Lawyers for Truland's bankruptcy trustee and for two former Truland employees have agreed to the principal terms of a class action settlement under which all workers impacted by the July 2014 shutdown would be eligible for a financial award, said Jason Gold, an attorney with Nelson, Mullins, Riley & Scarborough LLP who is representing Truland's trustee, Klinette Kindred. It is unclear exactly how many employees would be affected, but Truland was said to have roughly 700 employees at the time of the shutdown. The exact terms of the settlement -- including how much individual employee could get -- are still being worked out. U.S. Bankruptcy Court Judge Brian Kenney issued an Aug. 21 order staying the class action lawsuit pending the outcome of the settlement talks. Both sides are due to appear at the U.S. Bankruptcy Court in Alexandria on Sept. 22 for a settlement conference. "The bottom line is that the trustee, Kindred, and myself are firmly of the belief that we need to take care of the employees and the customers first and foremost," Gold said. "Those are the people who have suffered the most." Lawyers for the former employees, Satina Matthews and Summer James, could not be reached for comment. Gold said there are several other pending matters in Truland's bankruptcy case, including the trustee's efforts to recover money Truland may have improperly paid out prior to its bankruptcy. The trustee's ability to pay employees under the potential settlement will depend in part on the successful outcome of those efforts. The settlement stems from allegations Truland violated federal law by not giving its employees at least 60 days' notice before shutting down. The federal Worker Adjustment and Retraining Notification Act, or WARN, requires companies with 50 employees or more to provide such notice. Matthews and James sued Truland roughly two weeks after the company filed for Chapter 7 bankruptcy seeking to be certified as a class and given priority over other creditors for unpaid wages and other benefits they would have earned had Truland given the required notice. In December, Judge Kenney dismissed a motion by Truland to throw out the suit. TSA STORES: Removed "Gomez" Suit to Central District California --------------------------------------------------------------- The class action lawsuit entitled Andres Gomez, individually, and on behalf of others similarly situated v. TSA Stores, Inc. and Does 1-10, Case No. BC590072, was removed from the Superior Court of the State of California for the County of Los Angeles to the U.S. District Court for the Central District of California. The District Court Clerk assigned Case No. 2:15-cv-06907 to the proceeding. The Complaint asserts violations of the Americans with Disabilities Act and the Unruh Civil Rights Act. The Defendant is represented by: Gregory F. Hurley, Esq. Michael J. Chilleen, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 650 Town Center Drive, 4th Floor Costa Mesa, CA 92626-1993 Telephone: (714) 513-5100 Facsimile: (714) 513.-5130 E-mail: ghurley@sheppardmullin.com mchilleen@sheppardmullin.com - and - Hayley S. Grunvald, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 12275 El Camino Real, Suite 200 San Diego, CA 92130-2006 Telephone: (858) 720-8900 Facsimile: (858) 509-3691 E-mail: hgrunvald@sheppardmullin.com TUBULAR SOLUTIONS: Faces "Ducote" Suit Over Failure to Pay OT ------------------------------------------------------------- Ricky Ducote, individually and for others similarly situated v. Tubular Solutions, Inc., Case No. 4:15-cv-02557 (S.D. Tex., September 3, 2015), is brought against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standard Act. Tubular Solutions, Inc. provides field service employees the oil and gas industry to perform inspection and refurbishment services. The Plaintiff is represented by: Richard J. (Rex) Burch, Esq. BRUCKNER BURCH PLLC 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, LLP 1150 Bissonnet Houston, TX 77005 Telephone: (713) 751-0025 Facsimile: (713) 751-0030 E-mail: mjosephson@fhl-law.com UBER INC: Illegally Procures Consumer Reports, Action Claims ------------------------------------------------------------ Joseph Cuccinello and James Brooks, on behalf of themselves and all others similarly situated v. Uber, Inc. and Hirease, Inc., Case No. 2:15-cv-06604-CCC-JBC (D.N.J., September 3, 2015), seeks to stop the Defendants' practice of procuring consumer reports for employment purposes without providing a clear and conspicuous disclosure in a document that consists solely of the disclosure that a consumer report may be obtained for employment purposes. Uber, Inc. operates a transportation network company with corporate headquarters in San Francisco, California. Hirease, Inc. operates an employment background screening company located at Post Office Box 2559 Southern Pines, NC 28388. The Plaintiff is represented by: Bruce D. Greenberg, Esq. LITE DEPALMA GREENBERG, LLC 570 Broad Street, Suite 1201 Newark, NJ 07102 Telephone: (973) 623-3000 Facsimile: (973) 623-0858 E-mail: bgreenberg@litedepalma.com - and - Michael D. Donovan, Esq. DONOVAN AXLER, LLC 1055 Westlakes Drive, Suite 155 Berwyn, PA 19312 Telephone: (610) 647-6067 Facsimile: (610) 647-7215 UNITED STATES: Agriculture Secretary Sued Over APA Violation ------------------------------------------------------------ Daniel E. Davis and Cascabel Cattle Company v. United States of America, et al., Case No. 1:15-cv-00159 (S.D. Tex., September 3, 2015), alleges that the Secretary of Agriculture has promulgated directives, memorandums, guidance, and regulations that do not comply and conflict with the requirements of Administrative Practice Act. The Plaintiff is represented by: Joe W. Stuckey, Esq. JOE W. STUCKEY, JD, LLM, P.E., P.O. Box 550 Rosharon, TX 77583 Telephone: (281) 369-0000 E-mail: jstuckey@hal-pc.org - and - Dennis Sanchez, Esq. SANCHEZ WHITTINGTON WOOD & DIJKMAN, LLC 3505 Boca Chica Blvd., Ste. 10 Brownsville, TX 78521 Telephone: (956) 546-3731 Facsimile: (956) 546-3765 E-mail: dsanchez@swjz.com VEERINDER S. ANAND: Court Wants Paraplegic's ADA Suit Amended ------------------------------------------------------------- District Judge Cynthia Bashant of the United States District Court for the Southern District of California granted Defendants' motion to dismiss, granted in part Plaintiff's motion for leave to file a First Amended Complaint, and denied as moot Plaintiff's motion for partial summary judgment in the case captioned, WILLIAM LAWRENCE TURNER, Plaintiff, v. VEERINDER S. ANAND, ET AL., Defendants, Case No. 14-CV-01147-BAS(PCL)(S.D. Cal.). Plaintiff William Lawrence Turner is a paraplegic who cannot walk and uses a wheelchair for mobility. He commenced the action against defendants Veerinder S. Anand, Sandhya Anand, Veerinder S. Anand, M.D., Inc. (Defendants) on May 7, 2014 alleging violations of the Americans with Disabilities Act, the Unruh Civil Rights Act, and the California Disabled Persons Act, and negligence. In March 2013, Plaintiff was referred to Defendants' office while seeking treatment for a hand injury which he claimed denied full and equal access to Defendants' office and encountered difficulty since the latter's office lacked ADA compliant parking space. Upon receiving the Complaint, Defendants undertook to correct Plaintiff's alleged issues and filed a motion to dismiss thereafter for lack of subject matter jurisdiction arguing the federal claim is moot and also seek dismissal of the pendant state law claims. Immediately thereafter, on November 13, 2014, Plaintiff filed a motion for leave to file a First Amended Complaint stating that, in mid-October, the slope issue and other architectural barriers were discovered, and that the defendants have claimed that this slope issue has been corrected. In April 2015, Plaintiff filed a motion for partial summary judgment on Plaintiff's state law causes of action before the Court under supplemental jurisdiction. In her Order dated July 21, 2015 available at http://is.gd/K61wpr from Leagle.com, Judge Bashant found sufficient evidence to conclude that the initial problems with the parking space at issue in the Complaint have since been remedied and dismissed the ADA claim for lack of subject matter jurisdiction which tender the court jurisdiction to exercise supplemental authority over thestate law claims. Plaintiff is represented by: Christina Michelle Sosa, Esq. Mark D. Potter, Esq. Phyl Grace, Esq. CENTER FOR DISABILITY ACCESS 9845 Erma Rod, Ste 300 San Diego, CA 92196 Tel: (858) 375-7385 Defendants are represented by: Margarita Haugaard, Esq. HORTON KNOX CARTER AND FOOTE 1221 W State St El Centro, CA 92243 Tel: (760)352-2821 VELOCITY EXPRESS: Court Denies Bid to Amend April 2015 Order ------------------------------------------------------------ District Judge Jon S. Tigar of the United States District Court for the Northern District of California denied Defendants' motion to amend the April 16, 2015 Partial Summary Judgment Order to Certify the Same for Interlocutory Appeal in the case, PHILLIP FLORES, et al., Plaintiffs, v. VELOCITY EXPRESS, LLC, et al., Defendants, Case No. 12-CV-05790-JST (N.D. Cal.). Plaintiffs brought a collective action under the Fair Labor Standards Act (FLSA) and as a class action under California's labor and unfair competition laws. The Court granted partial summary judgment in Plaintiffs' favor on the issue of whether TransForce and Dynamex are successors to Velocity Express's potential FLSA liability. In the motion, Defendants moved to amend the order to certify that it is appropriate for interlocutory appeal as to the rulings that successor liability applies and that Plaintiffs have carried their burden to show that Dynamex is a successor to Velocity's potential FLSA liability in this case. Defendants contended that certification of the Court's order is warranted because (1) potential FLSA liability is a controlling question of law that would materially affect the outcome of the case, (2) there is no binding authority that addresses whether successor liability can be imposed if no asset transfer has occurred between the predecessor and successor entities, and (3) resolution on interlocutory appeal would materially advance the resolution of the litigation. In his Order dated July 21, 2015 available at http://is.gd/4K0n3A from Leagle.com, Judge Tigar concluded that Defendants failed to show that either a substantial ground for difference of opinion exists on the issue of whether successor liability could attach or that an immediate appeal would materially advance the ultimate termination of the litigation. Plaintiffs are represented by: Caleb Marker, Esq. Christopher Paul Ridout, Esq. RIDOUT MARKER & OTTOSON LLP 555 E Ocean Blvd # 500 Long Beach, CA 90802 Tel: (562)216-7380 - and - Jacob R. Rusch, Esq. -- jrusch@johnsonbecker.com -- Timothy J. Becker, Esq. -- tbecker@johnsonbecker.com -- JOHNSON BECKER, PLLC Defendants are represented by Alexander Hurd Scherbatskoy, Esq. -- ascherbatskoy@littler.com -- Andrew Michael Spurchise, Esq. -- aspurchise@littler.com -- Jessica Xing Yun Rothenberg, Esq. -- jrothenberg@littler.com & Robert G. Hulteng, Esq. - rhulteng@littler.com -- LITTLER MENDELSON, P.C. WASHINGTON: Too Many in Jails Awaiting Competency Services ---------------------------------------------------------- Martha Bellisle, writing for San Francisco Chronicle, reported that efforts by Washington state health officials to shorten the amount of time mentally ill people wait in jails for competency services are failing to keep up with a growing demand and urgent measures are needed to deal with the backlogs, according to a court-ordered monitor. U.S. District Judge Marsha Pechman issued a permanent injunction in April, ordering the Washington Department of Social and Health Services to cut the wait times to seven days, saying that holding mentally ill people in jails for months while awaiting competency services is unconstitutional. She set a January deadline and appointed Danna Mauch, an expert in public mental health systems, to monitor the state's progress. In her first quarterly report, Mauch said the state should be commended for taking steps to address the waitlists, but the measures have not provided relief for those waiting for services. "The critical conditions in the jails suggest that interim urgent measures to clear backlogs are in order," Mauch said in her report filed with the court. She also questioned if the state's long term plan will meet the judge's deadline. Messages sent to state health officials seeking a response to Mauch's findings were not immediately returned. Judges order competency evaluations when they have concerns about whether a person arrested for a crime is able to assist with his or her defense. If the person is found incompetent, the judge orders treatment to have competency restored. But in Washington state, people have languished in jails waiting for both services because of a lack of bed space and staffing at the state's two forensic hospitals. Lawyers with Disability Rights Washington and the American Civil Liberties Union filed the federal class-action lawsuit on the behalf of these individuals and secured an injunction that requires services within seven days of a judge's order. The state has appealed the part of the order that requires evaluations to be done in seven days. In a letter to Mauch, the lawyers questioned the state's ability to meet the January deadline. "It is concerning that in the three and a half months since the court's order, the time that it takes defendants to provide competency restoration services has not significantly trended downward," the letter said. "They didn't start the hiring process for forensic evaluators until July - three months after the order." State reports on cases show that 16 people have waited more than 100 days for services, the lawyers said. Five of those people waited between 150 and 398 days to get into the hospital to have their competency restored, they said. In her report, Mauch cited problem areas that put compliance with the federal order into question. The volume of orders for competency services is growing, she said. In April, there were 336 competency cases, although officials said that was an incomplete count. The state reported 918 cases in May and 1,486 in June, she said. Some people are waiting more than 60 days for competency evaluations at Eastern State Hospital, and are held in jail for 15 to 44 days to receive treatment at Western State Hospital, she said. Mauch said when she spoke with officials about the $4.8 million it secured to work on competency issues, they "underscore" that the funds will "solve" the lags in services and help to prevent people from entering the criminal justice system. Mauch said that total "is modest given the scope of need for these services in Washington." She also had concerns about the state's ability to hire staff to fill positions at both forensic hospitals. When the budget was passed in July, the state made offers to nearly a dozen psychologists to fill evaluator positions, she said. Eight were hired for Western State Hospital, but not one wanted to work at the eastern site, she said. When Mauch asked state officials if they would consider emergency hiring, department officials said they plan to have Western State Hospital Staff cover Eastern State hospital cases and that "constitutes its interim response." The department should report within 30 days whether this plan has been implemented and if so, whether it helped reduce wait times, she said. "In the face of these challenges, other steps need to be taken to meet the seven-day time frames 'as soon as practicable' for competency evaluation services," the monitor said. WAYFAIR INC: Faces "Jenkins" Suit Over Misleading Fin'l Reports --------------------------------------------------------------- Henry W. Jenkins, individually and on behalf of all others similarly situated v. Wayfair Inc., Niraj Shah, and Michael Fleisher, Case No. 1:15-cv-06985 (S.D.N.Y., September 3, 2015), alleges that the Defendants made false and misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Wayfair Inc. is a Delaware corporation that operates an online retailer of home goods. The Plaintiff is represented by: Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. Marc C. Gorrie, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com mgorrie@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP 10 South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com - and - Peretz Bronstein, Esq. BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 E. 42nd Street, Suite 4600 New York, NY 10165 Telephone: (212) 697-6484 Facsimile: (212) 697-7296 E-mail: peretz@bgandg.com WINDY PIZZA: Faces "White" Suit Over Failure to Pay Overtime ------------------------------------------------------------ Mia C. White, individually and on behalf of others similarly situated v. Windy Pizza Plus, LLC and Does 1 through 50, inclusive, Case No. BC593377 (D. Cal., September 3, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. Windy Pizza Plus, LLC owns and operates Eatalian Cafe, ExEat and EnjoyEat restaurant in California. The Plaintiff is represented by: Eric A. Boyajlan, Esq. Heather Davis, Esq. Cody Payne, Esq. PROTECTION LAW GROUP, LLP 136 Main Street, Suite A El Segundo, CA 90245 Telephone: (424) 290-3095 Facsimile: (866) 264-7880 YALE ENFORCEMENT: Faces "Lewis" Suit Over Failure to Pay Overtime ----------------------------------------------------------------- Lee Lewis, on behalf of himself and all others similarly situated v. Yale Enforcement Services, Inc., Case No. 2:15-cv-04120 (E.D. Lo., September 3, 2015), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. Yale Enforcement Services, Inc. owns and operates a security firm located at 3867 Plaza Tower Drive, 1st Floor, Baton Rouge, LA, 70816. The Plaintiff is represented by: Christopher L. Williams WILLIAMS LITIGATION, L.L.C. 639 Loyola Ave., Suite 1850 New Orleans, LA 70113 Telephone: (504) 308-1438 Facsimile: (504) 308-1446 E-mail: chris@williamslitigation.com ZULILY INC: Faces "Pisano" Suit Over Misleading Financial Reports ----------------------------------------------------------------- Patrick Pisano, individually and on behalf of all others similarly situated v. Zulily, Inc., et al., Case No. 2:15-cv-01424 (W.D. Wash., September 3, 2015), alleges that the Defendants made false and misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Zulily, Inc. is an online retailer that focuses on selling merchandise to moms purchasing for their children, themselves, and their homes. The Plaintiff is represented by: Roger Townsend, Esq. 1000 Second Avenue, Suite 3670 Seattle, WA 98104 Telephone: (206) 652-8660 Facsimile: (206) 652-8290 E-mail: Rtownsend@bjtlegal.com - and - Evan J. Smith, Esq. Marc L. Ackerman, Esq. BRODSKY & SMITH 2 Bala Plaza, Ste. 510 Bala Cynwyd, PA 19004 E-mail: esmith@brodsky-smith.com mackerman@brodsky-smith.com * AUSTRALIA: New Kids on Class Action Block 'Carry Risk' -------------------------------------------------------- Sarah Danckert, writing for The Sydney Morning Herald, reported that investors need to be careful of the "new kids on the block" launching class actions in Australia because the growing market for class action law firms and litigation funders carries significant risk, a senior law academic has warned. Monash University business law and taxation professor Vince Morabito said while Australia was not facing a "flood" of class actions, there was an increasing number of law firms willing to take on much smaller actions despite having limited experience in the space. "I'm not concerned about the number of class actions, we'll never open the flood gates, I'm just concerned about the new players," said Professor Morabito, who will next month be speaking at the Maurice Blackburn and BusinessDay corporate conduct and class actions symposium in Melbourne. Australia's class action landscape is dominated by two big litigation firms, Slater & Gordon and Maurice Blackburn, while Bentham IMF is the largest player in the litigation funding space. Yet in recent years, smaller local firms and overseas litigators had entered the Australian market. "Not that Slater & Gordon and Maurice Blackburn have been perfect, even IMF have had their problems," Professor Morabito said. Australia will not have the class action scandal that they have in the US, he said, but he is concerned for the future due to the numbers of "new kids on the block". In the US, a number of lawyers have gone to jail for paying kickbacks to repeat class action participants, or "professional class representatives". Professor Morabito's 2014 research uncovered there had been little increase in class actions filed in the Federal Court over the 22 years since Australia had the legal framework to bring such cases. "I looked at the figures for the last five years [from March 2009 to March 2014] and it showed that the annual average was only slightly higher with 15.8 class actions per annum, while the average for the preceding 17 years was around 14 or 15," he said. Professor Morabito said the number of shareholder class actions had overtaken the number of product liability actions in the past five years, which could explain why directors of listed companies were increasingly concerned about class actions. Separately, King & Wood Mallesons found there were 33 actions filed between June 2014 and June 2015, though the author of the report, Moira Saville, said some of the increase was due to new bush fire filings, actions on product liability and multiple actions brought by different law firms against the same. Dennis Shore, a former director of the Australian Shareholders Association, said class actions were often the only way a retail shareholder could seek recourse if they believed a company's directors had engaged in wrong-doing. He said it needed a legal firm or somebody in a similar position to initiate a class action and the parameters of the action were usually decided by whoever was going to take on the litigation. Asbestos Litigation ASBESTOS UPDATE: Fibro Ban in Sweden Drops Mesothelioma Cases ------------------------------------------------------------- Tim Povtak, writing for Asbestos.com, reported that the strict ban on asbestos more than 30 years ago in Sweden has produced a tangible decline in mesothelioma throughout the country. It has also helped fuel the growing debate about establishing a similar asbestos ban in the U.S. and Canada. "There is no good argument to use asbestos, anymore," senior professor Bengt Jarvholm, of the department of Public Health and Clinical Medicine at Umea University in Sweden, told Asbestos.com. "Especially [using it] in an industrialized country." No Argument for Not Banning Asbestos in US Jarvholm has spent much of his career studying the impact of asbestos exposure in Sweden's construction industry. He co- authored a recent article in the Scandinavian Journal of Public Health that detailed the emerging evidence about the decline in mesothelioma incidence since the ban. "Yes, I'm surprised [the U.S. hasn't banned asbestos]," he said. "There are other, less dangerous substances to use. There is no real argument, apart from pure economic ones, to keep using it." Asbestos exposure is the primary cause of mesothelioma, a rare and aggressive cancer with no cure. It is diagnosed in an estimated 3,000 Americans annually. It can also lead to a host of other serious respiratory issues, including asbestosis and lung cancer. Experts estimate asbestos is responsible for 10,000 deaths annually in the U.S. Although the use of asbestos in the U.S. has dropped significantly from its peak in the 1970s, it remains legal to use in a variety of industries. The U.S. Environmental Protection Agency issued an Asbestos Ban and Phase Out Rule in 1989, but it was overturned by the legislature two years later, allowing the regulated use of asbestos to continue in the country. Sweden Paved Path to Ban Asbestos Asbestos is banned in more than 50 countries. The Nordic countries were among the first to ban it. Iceland (1982), Sweden (1982) and Norway (1983) served as pioneers in reducing asbestos use and lowering the incidence rate of mesothelioma, laying the groundwork for other nations to follow. The difficulty in measuring the positive effects of a ban is the lengthy latency period (20-50 years) between first exposure and definitive diagnosis. "Yes, a ban [in the U.S.] would lead to a drop in mesothelioma cases, but it would take several decades before you could measure it," Jarvholm said. "Our analysis clearly shows that the ban and other restrictions in the mid-70s and early '80s have decreased the risk." According to the study, Swedish men and women born between 1935 and 1949, whose working lives coincided with the boom in asbestos use, were at a much higher risk for developing an asbestos-related disease than those born after 1950. Using specific five-year birth cohorts, the study also showed those born from 1955 to 1959, and who started working before the ban, were four times more likely to be diagnosed with mesothelioma than those born from 1960 to 1965. Ban on Asbestos Prevents Mesothelioma Cases in Sweden Jarvholm scoffed at the popular argument that finding an asbestos alternative is often difficult and expensive. "When the discussion was hot in Sweden in the 1970s, some people said it could not be replaced in brake linings. However, it was quickly replaced, and even improved, when the market demanded it," he said. "Industry needs pressure from both the market and from regulations." The authors estimated the decreased use of asbestos has prevented at least 12 cases of asbestosis annually in those under the age of 57. They believe 121 cases of mesothelioma were avoided among Swedish men born between 1955 and 1979. "It is reasonable to assume that similar interventions in other countries will decrease the occurrence of pleural mesothelioma," the authors concluded. "The impact will depend on the proportion of the population exposed, and the magnitude of the exposure." ASBESTOS UPDATE: Toxic Dust May Cause Health Risk in Pacific ------------------------------------------------------------ Matangi Tonga Online reported that newly released Pacific Hazardous Waste survey reports have identified the risk of asbestos materials to health in 13 Pacific Island countries, including Tonga. The PacWaste Regional Asbestos Baseline Survey Reports identified locations in 25 different islands across the countries showing just how widespread and serious the issue is. Asbestos is a naturally occurring fibrous mineral that was once commonly used in building materials, insulation, brake linings, roofing products and other consumer items. It is now banned from most modern products as it has been found to be a major threat to human health. When products containing asbestos are damaged or wear down over time, small fibres are released into the air and easily inhaled. These fibres can travel to the lungs and cause inflammation and scarring of the lung issue. After many years, this can result in asbestosis, mesothelioma and other lung cancers, stated PacWaste. The 13 reports revealed there is a substantial amount of the substance present regionally in these participating countries, with some locations notably higher risk than others. "Historically, asbestos has been widely reported across the Pacific islands but until now the available information has been either largely anecdotal or too small in scope to withstand scrutiny. The new survey details just how widespread and serious the issue is." Jesus Lavina, Head of Section for Natural Resources and Infrastructure EU Pacific in Suva said the new data will ensure that PacWaste can prioritize remedial actions in those locations where asbestos poses the greatest risk to human health. "Because such a large number of sites were found, it has been important for PacWaste to target those which are most urgent. For this reason, the data collected has been assessed in accordance with an asbestos risk management methodology to rank sites on a human health priority basis." Highest priority will given to public and government sites such as schools, hospitals and other places where members of the public are vulnerable to exposure. Other priority locations include those, which contain the most dangerous forms of asbestos such as dated insulation materials and sources of fire damaged asbestos. Removal SPREP's PacWaste Project Manager Stewart Williams said that the proposed program of PacWaste asbestos inventions, worth US$2 million has now been released for country comment and will be followed by the final program of works. Interventions will typically involve the removal of asbestos materials and wastes by trained experts using specialized equipment followed by secure transport and safe disposal including international export. Many locations will require the removed asbestos materials to be replaced with non-asbestos products. Survey reports are available for Tonga, Cook Islands, Fiji, Federated States of Micronesia, Kiribati, Nauru, Niue, Palau and the Republic of the Marshall Islands, Samoa, Solomon Islands, Tuvalu and Vanuatu. They can be downloaded from the PacWaste website at: PacWaste Asbestos Survey reports PacWaste is a $7.85 million four-year project supported by EU and implemented by SPREP to improve regional hazardous waste management across the Pacific. ASBESTOS UPDATE: NY Judge Sets New Rules for Fibro Suits -------------------------------------------------------- John O'Brein, writing for Legal Newsline, reported that there will be no stay of lawsuits on New York City's controversial asbestos docket, but there will be changes made to the way cases are handled there. New York City Asbestos Litigation Judge Peter Moulton on Aug. 28 ruled against defendants who felt a stay was necessary to craft a new order governing cases because court procedures are too unfair to them. However, he did grant a motion to negotiate a modification of the NYCAL case management order that governs asbestos cases. "Defendants have not demonstrated the need for the injunction they seek: a stay of all NYCAL litigation, with limited exceptions, while the parties re-negotiate the CMO," Moulton wrote, adding that the procedures in NYCAL are not "rampantly unfair." "However, the court agrees that defendants have raised important issues that warrant a complete re-examination of the CMO." The current CMO is 27 years old but has been amended several times, including a controversial 2014 decision. NYCAL's recent time in the spotlight began when former chief judge Sherry Heitler ruled in 2014 to reintroduce punitive damages in asbestos cases after years of them being deferred. Then, in December, the American Tort Reform Association named NYCAL the No. 1 Judicial Hellhole in the country in its annual report. Things continued in 2015 when former New York Assembly Speaker Sheldon Silver was indicted over allegations that he traded state grants to the hospital of a doctor who provided him with referrals to asbestos plaintiffs. Silver had long been listed as of counsel at the firm Weitz & Luxenberg, which files the majority of cases in NYCAL. The firm has denied any knowledge of Silver's alleged scheme. Earlier, defendants in NYCAL, through attorney E. Leo Milonas, wrote Moulton to ask for a stay. The letter said: - It is unfair to consolidate cases in the manner NYCAL does, and that the average verdict in consolidated cases per plaintiff is higher than trials featuring single plaintiffs; - Rulings on burden of proof, late product identification, the production of plaintiffs' bankruptcy trusts, recklessness charges, punitive damages are not in step with rulings on those issues in other jurisdictions; - Plaintiffs firms are receiving preferential treatment by having to meet a lower standard to have a case on the in extremis docket; - Certain firms have their cases advanced faster than others; - The court has found for plaintiffs attorneys too often in discovery disputes and summary judgment and evidentiary motions; and - Lung cancer cases brought by smokers have flooded the court since two 2011 multimillion-dollar verdicts. Plaintiffs, led by Weitz & Luxenberg attorney Alani Golanski, claimed the defendants had no evidence that they would be harmed if their request for a stay were rejected. "With the exception of one newly revised CMO provision -- which does nothing other than to afford NYCAL plaintiffs precisely the same rights afforded to all other New York plaintiffs, and to all New York asbestos plaintiffs in other parts of the State, namely, to seek punitive damages jury instructions under appropriate circumstances -- defendants have long acquiesced in and fruitfully abided by exactly the same CMO that they now disparate," Golanski wrote. "Their application for a litigation-wide stay is supported by nothing whatsoever other than rhetoric that is baseless, insupportable and already thoroughly rejected by the NYCAL Court." So instead of granting a stay, Moulton appointed representatives for both sides to negotiate changes to the CMO. Representing the plaintiffs will be Charles Ferguson of Weitz & Luxenberg and Jordan Fox of Belluck & Fox, while the defendants will be represented by Judith Yavitz of Darger Errante Yavitz & Blau and Robert Malaby of Malaby Bradley. Those attorneys will also appoint another two members to join their sides by Sept. 18. From there, the two sides will prepare a document that specifies points of agreement and disagreement by Oct. 9. The court will then intervene to attempt to reach a settlement. "The goal of the negotiation is to reach agreement on a new draft CMO, which will be presented to the NYCAL bar at large for comment. After the new CMO is drafted, it will be posted on NYCAL's website, and a period comment will commence. Moulton also wrote that he'd consider a town hall-style meeting for the NYCAL bar at some point. Finally, the court will issue a new CMO. ASBESTOS UPDATE: Aussie Agency Finds Fibro in Imports ----------------------------------------------------- PS News Online reported that a wide range of imported goods and materials used in the building industry has been found to contain asbestos, a Federal Senate Inquiry has been told. The Asbestos Safety and Eradication Agency (ASEA) said asbestos had been discovered in fibre-reinforced building panels imported into NSW to construct a residential building. It said subsequent inquiries had revealed a similar product purchased from the same supplier in China had also been imported into WA and used in residential construction. ASEA said fortunately, this batch of fibre-reinforced building panels had been found to be asbestos-free. The Senate Inquiry into non-conforming building products was told that cement compound board imported into the ACT from China had been found to contain chrysotile asbestos, and in NSW an owner- builder had purchased a shed from a supplier on the internet, which had also contained chrysotile asbestos in a sealing tape installed between roof sheets. Reviewing these findings, the WA Building Commission said it was a timely reminder that builders must be vigilant about the products they used during construction. "In the NSW case, the certification provided to importers that the goods were asbestos-free was unreliable and this is not the first occasion certifications have been found to be wrong for the purposes of Australian regulations," the Commission said. "Builders must satisfy themselves the products they use do not contain asbestos." It said where builders sourced products directly from overseas it could be prudent to carry out testing to ensure the products were suitable. The Commission said where builders sourced overseas products from local distributors, it might also be prudent to ask the distributor what tests or other assurances were available that the products were suitable. ASBESTOS UPDATE: Deadly Dust Found in Renovated Homes ----------------------------------------------------- Jill Margo, writing for Financial Review, reported that mesothelioma is beginning to pick off people who never even knew they had been exposed to asbestos dust. Out of the blue, these people -- mostly men -- are suddenly diagnosed with a fatal cancer caused by asbestos dust they unknowingly inhaled decades ago. Among them is Martin Chimes, who believed he was exposed to the dust while renovations were under way at a chain of shops he was opening. Experts predict the disease is beginning to enter a peak period in Australia but say it is not known how high this will go. Every month about 50 people receive the devastating news that they probably have a year to live, if they're lucky. Many are part of the so-called third wave of the disease. The first wave affected workers involved in asbestos mining, milling and manufacturing. The second wave affected workers using asbestos in industry.This new wave affects those who had short term exposure at home, at work or elsewhere in the asbestos-polluted Australian environment. Pre-1987 houses a hazard if not renovated properly. And there is now concern that the current housing boom in metropolitan Australia may perpetuate this and affect a new generation. Most houses built or renovated before 1987 are bound to contain asbestos and as people rush to buy up old stock, do rapid make- overs and put the houses back on the market, caution about the removal of asbestos is not front of mind. As it's expensive to remove and dispose of safely, many play " renovation roulette", rip it out and dump it illegally. Steven Kao, a research fellow at Asbestos Diseases Research Institute and a medical oncologist at the Chris O'Brien Lifehouse, says as asbestos is ubiquitous in Australia, it is likely most people have been exposed to it. "Personally, I have no doubt the housing boom will have some effect on exposure," he says pointing to a study published in the Medical Journal of Australia in 2013. It showed 60 per cent of do-it-yourself home renovators in NSW reported exposure to asbestos, half reported having exposed their partner and 40 per cent their children. Kao says there is no safe level of asbestos inhalation and there's no reliable form of early detection of mesothelioma. But as asbestos exposure can increase the risk of lung cancer, there's good reason to stop smoking. ASBESTOS UPDATE: Waste Company Fined $11K for Storing Fibro ----------------------------------------------------------- News.com.au reported that a commercial waste operator has been fined more than $11,000 for illegally storing asbestos at its Haigslea site, west of Brisbane. The company, which has not been named, stored large amounts of old building materials containing the potentially deadly fibres in piles on the ground and in large skips. The Department of Environment and Heritage Protection has also ordered the company clean up and properly dispose of the waste. ASBESTOS UPDATE: Fibro Found in NY High School Auditorium --------------------------------------------------------- Laura Ryan, writing for Skaneteles Journal, reported that an environmental engineer discovered loose vermiculite insulation in parts of the Groeling Auditorium building in Marcellus High School, in New York. The engineer was inspecting the school for potential asbestos- containing materials as part of the district's preparations to submit its capital improvement project plans to the state Education Department. Because the state Health Department considers all vermiculite used as pour-in, block insulation to be asbestos-containing material, the district immediately cordoned off the auditorium and adjacent rooms to students and adults. Then, on Aug. 27, the Marcellus Board of Education passed an emergency resolution authorizing Interim Superintendent Judith Pastel to make arrangements for clean-up. "The health and safety of our students, staff and community is of paramount importance," Pastel said. "We are moving as quickly as possible to remedy this situation safely and in accordance with state law." When the auditorium was built in 1978 as a free-standing structure, builders likely used material extracted from an asbestos-contaminated mine that supplied most of the vermiculate sold in the United States at that time. The Environmental Protection Agency eventually shuttered the mine and declared it a Superfund clean-up site. In April 2011, the Health Department adopted the position that there were no analytical methods available to reliably confirm vermiculite did not contain asbestos. Contamination, therefore, must now be assumed for all vermiculite. The district undergoes an asbestos inspection from the Onondaga- Cortland-Madison BOCES safety department every three years. Those examinations do not, however, include a full inspection of every school district building, said Stephen Gheen of Gheen Engineering, who discovered the vermiculite. Rather, they involve an assessment of all the asbestos-containing materials that have been previously identified. Gheen was able to locate the possible asbestos in the high school only because he was examining the entire building since new construction is planned throughout the structure. Gheen prepared a petition for variance from the state's Industrial Code Rule 56 so the district could start removing the vermiculite as soon as at a cost of $20,000 to $40,000. The abatement work, which the district expects to be completed by Sept. 18, will present no health hazard. All required testing and certification will take place before the area is re-opened to students and staff. During the asbestos removal process, student and staff access to the area will be blocked by a Plexiglas barrier across the double doors outside the choral room. As a result, band students will temporarily meet in the choral room during the first two weeks of classes and chorus students will meet in the large group instruction room. Individual student choral and instrumental lessons, which are not typically scheduled until the end of September, should not be disrupted. "There are no school events scheduled in the high school auditorium until October, so we're hoping to keep interruptions to a minimum as school gets under way," Pastel said. "We're grateful to the community for its patience and understanding as we navigate this unexpected turn of events." ASBESTOS UPDATE: Barking Riverside Construction Halted by Fibro --------------------------------------------------------------- Mark Shales writing for Banking and Dagenham Post, reported that Bellway Homes, who are managing the Barking Riverside development in conjunction with the Greater London Authority (GLA), confirmed tests were currently being carried out after toxic fibres were spotted just off River Road. Bellway managing director Richard Burrows said: "It's quite common in regeneration projects like these to find asbestos from time to time. "Work will continue as normal in a couple of weeks. "Once the area has been tested, the asbestos will either be taken away to elsewhere on the site or permanently removed -- there is no cause for concern." Barking has had a long history with asbestos, with Cape Asbestos, based in Harts Lane from 1913 to 1968, the target of claims from victims of "environmental" asbestos poisoning for many years. Joseph Plaskett, 67, of Charlton Crescent, grew up on the Thames View estate, linked to Barking Riverside by River Road Earlier he led a petition opposing plans for an asbestos transfer and waste storage facility at Lyon Business Park, and claims there is much more asbestos to be found nearby. "It's a well-known fact that the area was used to dump asbestos," he said. "It was just completely open land at the time. "Anybody that lived here in the 60s will tell you the same -- I'm sure they'll find more." "I wouldn't want to live anywhere near asbestos." A council spokesman said: "As part of the planning permission, the developer must treat any contamination found to ensure there is no threat to construction workers or the public. "Once this remedial work is complete, the developer is required to produce a report confirming the site is now suitable for residential use." ASBESTOS UPDATE: Victim's Widow Calls for Witnesses in PI Suit -------------------------------------------------------------- Sophie Wills, writing for Retford Guardian, reported that Ernest Hurst, aged 82, was diagnosed with mesothelioma in 2013. Mr Hurst's widow contends that he was exposed to asbestos while working for the Co-operative as a joiner undertaking shopfitting work at Worksop, Sheffield and Nottingham Co-op premises along with West Burton Power Station. Ernest undertook this work between 1961 and 1963, between 1966 and 1968 and between 1968 and 1975. He was never warned of the dangers of asbestos and was exposed to asbestos dust without being provided with a mask. Lawyer Simon Matthews, industrial disease specialist at OH Parsons, has urged people to come forward as witnesses to assist in a compensation claim and says anyone who worked with Ernest may be able to help. He said: "Ernest's family has been left devastated by what has happened. It is vital that people who worked with Mr Hurst at any of these premises comes forward in order to give statements about working conditions there.'' "The risks to health from exposure to asbestos dust have been well known for decades. The company should have been well aware of the risks. Had they taken appropriate safety measures, Ernest and his family would have been spared the effects of this devastating illness." ASBESTOS UPDATE: Colo. Residents Worry Over Deadly Dust Exposure ---------------------------------------------------------------- Glen Meek and Kyle Zuelke, writing for Las Vegas Now, the question on what to do about deadly dust, or naturally occurring asbestos, in the Boulder City area drew a packed house in Boulder City, where citizens and scientists gathered to seek answers. The gathering follows a special report about asbestos by I-Team Chief Investigator George Knapp. One of the key issues is whether folks in the Boulder City area have an increased risk of mesothelioma, a deadly lung disease linked directly to asbestos exposure. That is one area where the doctors and the scientists remain sharply divided. The community room at the Boulder City Library overflowed with residents concerned about the discovery of naturally occurring asbestos in rocks and dust in the Boulder City area. They heard from two UNLV geologists, a top EPA scientist and the state's epidemiologist about how asbestos exposure can lead to mesothelioma. It was a session long on information, but not necessarily answers. "Anyone who has asthma or various types of allergies are definitely affected by that dust," said one resident. "Now, we're suddenly learning -- well not so suddenly -- but learning that there's also asbestos in that dust." "We're grandparents. We want our children to have a place where they can breathe the air safely," another resident said. "I apologize for my long windedness, but all I got tonight was a confirmation that I should be worried about something, but I don't know what it is," Boulder City resident David Thompson said. How worried residents should be was a hot topic. The state's epidemiologist praised the UNLV geologists for discovering the asbestos in the environment, but disagreed with them about whether there was a higher incidence of mesothelioma in the Boulder City area related to naturally occurring asbestos. "In every place in the country where naturally occurring asbestos is found -- including our neighbors -- truly, they did not find significant increase in the risk of developing mesothelioma," he said. While the physician and the geologists disagree about the risk, everyone agreed more monitoring is needed to determine how much asbestos exposure residents are getting, especially those involved in activities that stir up dust. ASBESTOS UPDATE: Fibro Delays City Mission Housing Opening ---------------------------------------------------------- Tina Law, writing for The Press, reported that new temporary accommodation in New Zealand for families is expected to open in October, after months of delays. The City Mission decided more than 12 months ago to convert its former Hereford Street headquarters into three family apartments. It had hoped to have the units occupied a year ago, but construction delays prevented that from happening. City missioner Michael Gorman said asbestos was found, which led to the delay. "It's par for the course in Christchurch." The project is being funded by Ministry of Business, Innovation and Employment (MBIE) and Christchurch City Council. The original $140,000 estimate was wishful thinking, Gorman said and the budget had increased to $294,000. "We're providing three individual units, which is pretty economic." MBIE has contributed $115,000 toward the building cost and the council has picked up the remaining $154,000. The council has also contributed a $50,000 grant to pay for a social worker to work with the families and help find them long-term accommodation. Gorman said families were still living in "awful situations" across Christchurch and the apartments would help alleviate that issue. "We still have people in really substandard houses. Families are living with other family in overcrowded conditions. There's still the odd family in cars." The idea was for the families to live in the apartments only long enough for staff to find them permanent accommodation. Gorman said there was still a lack of affordable homes in Christchurch. "People should not have to pay any more than 25 per cent of their income on housing, but they are." Cr Glenn Livingstone said the council had a moral imperative to support projects like this one. ASBESTOS UPDATE: Fibro Causes Death of Brixham Electrician ---------------------------------------------------------- Herald Express reported that an inquest has opened into the death of a retired electrician from Brixham, England. Arthur Onslow, 68, of Barnfield Road, Brixham, had been diagnosed with Mesothelioma having been exposed to asbestos in his working life. He was admitted to Rowcroft Hospice on, July 27, where he remained before he died on, August 24. Coroner for Plymouth, Torbay, and South Devon Ian Arrow was told that the cause of death for Mr Onslow, who was born in Liverpool and was widowed, was malignant mesothelioma. The inquest was adjourned until a later date, when a full inquest will be held. ASBESTOS UPDATE: Toxic Dust Deaths Increases, EWG Report Says ------------------------------------------------------------- An interactive map recently released by the Environmental Working Group (EWG) shows how much of a toll asbestos exposure has taken on the United States, the mesothelioma law firm of Baron & Budd reports. The map shows exactly how many deaths from asbestos- related diseases occurred in the U.S. from 1999-2013, both at the state and county level. According to the EWG, approximately 15,000 people in the U.S. die annually due to diseases that are caused by exposure to asbestos. The map shows that, as expected, the most deaths occurred in the states with the highest populations -- California (21,338), Florida (14,248), Pennsylvania (14,216), New York (12,146) and Texas (11,905). However, the EWG reports that, in addition to Pennsylvania, five states had death rates that exceeded the national average by 50-100 percent. These states were Delaware (981), Maine (2,003), Montana (1,135), Washington (7,244) and West Virginia (2,481). The EWG included deaths due to asbestosis, mesothelioma and non- mesothelioma lung cancer in its tabulations. Asbestosis is a disease that results in scarring of the lungs due to the inhalation of asbestos fibers, while mesothelioma attacks the lining of the abdomen and lungs (as well as the heart in some instances), after asbestos fibers are ingested or inhaled. "Even though this country has lost thousands and thousands of people due to asbestos exposure, its use continues to be legal to this day," said Russell Budd, president and managing shareholder of the mesothelioma law firm of Baron & Budd. Do not hesitate to contact the mesothelioma law firm of Baron & Budd if you have been diagnosed with an asbestos-related disease or you have lost a loved one due to this type of illness. Call 1.866.700.8994 or send an email to info@baronbudd.com to find out if you qualify to file an asbestos lawsuit. Russell Budd, Esq. BARON & BUDD Encino Plaza 15910 Ventura Blvd., Suite 1600 Encino, CA 91436 Phone: (818) 839-2333 /(800) 887-6989 Fax: (818) 986-9698 ASBESTOS UPDATE: Toxic Dust Found at Rhos Primary School -------------------------------------------------------- Dean Jones, writing for News North Wales, reported that Conwy County Council has moved to allay fears after asbestos was found at a Rhos on Sea primary school. The hazardous material was found at Ysgol Llandrillo-yn-Rhos during an inspection before a kitchen revamp which took place during the school holidays. With pupils now back at the Elwy Road site after the summer break, a council spokesperson stated that the building was safe and more work will be carried out over the October half term. The spokesperson added: "Work to refurbish the kitchen at Ysgol Llandrillo-yn-Rhos was scheduled to take place during the summer holidays. "This involved undertaking a pre-refurbishment survey, which included an assessment to confirm the presence or otherwise of asbestos. "As expected, in line with the Schools Asbestos Register, Asbestos Containing Materials (ACMs) were identified and the appropriate management processes were implemented to ensure that any risks were mitigated. "As an additional safeguard the survey was extended to the whole school. "The headteacher has been kept informed and air monitoring has been on-going and will continue on a regular basis to ensure air quality. "Further work will take place at October half-term." Conwy council added that they were managing the asbestos in order to reduce risk, but did not confirm whether or not any of the materials will be moved. ASBESTOS UPDATE: Roadwork Crew Dumps Fibro in Toowoomba Park ------------------------------------------------------------ Andrew Backhouse, writing for The Chronicle, reported that workers from an intersection upgrade were responsible for leaving a pile of deadly asbestos-tainted rubbish at Picnic Point Park, in Toowomba, Australia. A Toowoomba Regional Council spokesman said Black Spot Program works on the corner of Rowbotham and South Sts required water mains and electricity services to be relocated as part of the project. "Spoil from this site was stock-piled at Heller St before it became apparent the pile contained asbestos cement water pipes. "Workers cordoned off a pile of spoil containing soil and broken lengths of decommissioned asbestos-cement water pipes in Rangeville. "Council put control measures in place including wrapping an amount of suspected ac pipe, wetting down the stockpile, cordoning off the area and contacting a specialist removal company to remove all suspect material as soon as possible." Toowoomba Regional Council chief executive officer Brian Pidgeon said that recent remedial actions had managed the risk to public health as the pipes had been contained. He said it would be removed. "Council staff enacted control procedures the moment the risk was identified, however, a full incident investigation will be undertaken as the asbestos materials should have been identified in the first place so as to ensure proper handling and disposal," Mr Pidgeon said. "Council took immediate action to secure this area so the materials could be removed by certified contractors. "A certificate to state the site has been cleared will be issued by the contractor and council will perform air monitoring over the weekend and undertake a final inspection before the site is re- opened. "We take any safety issue for the public and our workers very seriously." Mr Pidgeon said no further works on the water main relocation project would occur until there had been a full review by Workplace Health and Safety Queensland to ensure the correct control procedures were in place. ASBESTOS UPDATE: Contractor in Probation in Contamination Case -------------------------------------------------------------- David Wren, writing for The Post and Courier, reported that Albert Dickson, the project manager for an asbestos removal project at the former L. Mendel Rivers Federal Building, in South Carolina, will spend two years on probation for lying about whether his company followed strict legal requirements designed to protect the environment. Dickson, 62, also will be required to wear a monitoring device for three months but his movements will not be restricted, according to the sentence handed down by Judge Patrick Duffy in federal court in Charleston. Duffy said he believes Dickson was "the victim of sabotage by a subcontractor" and that his actions were not reflective of the "otherwise outstanding life" Dickson has led. "While we have to condemn what you did, we don't condemn you," Duffy told Dickson during a sentencing hearing. "Hopefully this will not ruin your life and you will be able to put this behind you." Dickson, who lives in New York, had faced a maximum two-year prison sentence and a maximum fine of $10,000 for lying on a document his company was required to file under the Clean Water Act. According to information filed in the case, Dickson told investigators with the S.C. Department of Health and Environmental Control that a water filtration system had been installed at the federal building to prevent asbestos from getting into the city's sewer system. Investigators learned that the filtration system wasn't installed after they questioned Dickson during a surprise inspection prompted by an anonymous complaint. Investigators, during the surprise inspection conducted June 6, 2011, found open drains to the sewer system filled with asbestos material. DHEC issued a stop-work order to Dickson's employer, Gramercy Group Inc., the next day. Gramercy later was allowed to return and finished the project that fall. DHEC spokeswoman Cassandra Harris told The Post and Courier earlier that the asbestos project did not pose a public health hazard. "The sewer system where the discharge took place is a closed system that was not accessible to the public," Harris said. Duffy, saying he is "not concerned about him ever breaking the law again," heard excerpts from letters submitted by Dickson's family and friends who testified to his good character. Bart Daniel, Dickson's lawyer, said a probationary sentence is appropriate in his client's case. The U.S. Attorney's office had requested a three-month jail sentence. "I'm very sorry for this whole matter," Dickson told Duffy before his sentencing. "It's something that I'll always deeply regret, what I put my family through, my wife and children." Duffy waived a monetary penalty, saying Dickson does not have the ability to pay a fine. Duffy said he added the monitoring requirement "just to let you know as a reminder that the government is here, we care about these things and they are serious." The former Rivers federal building at 334 Meeting St., across from Marion Square, was shut down in 1999 after Hurricane Floyd flooded the structure, damaged roofs and disrupted asbestos in the ceilings. Dewberry Capital, a development firm based in Atlanta, bought the seven-story structure for $15 million in a government auction in early 2008, and the city approved plans to convert it into an upscale hotel in early 2010. Construction of the hotel began last fall and is expected to be completed by the end. ASBESTOS UPDATE: Australia Gets First Fibro Management Plan ----------------------------------------------------------- Andrew Heaton, writing for Sourceable.net, reported that launched by Employment Minister Eric Abetz, the plan is supported by state and territory leaders and seeks to coordinate state and local government efforts as well as establish a national approach toward handling, removing and promoting awareness about the deadly material. Under the framework, which covers until the end of 2018: -- Asbestos will be removed in priority areas where asbestos- containing materials have been assessed to be in poor condition. -- Model grading systems, frameworks and processes will be developed with regard to assessment of the condition of material which is likely to contain asbestos, the stabilisation and containment of any such materials which are considered to be in poor condition and the identification of asbestos contaminated land. -- A 'one-stop-shop' will be created for information on asbestos related issues. -- Programs to raise awareness about asbestos will be reviewed, gaps in awareness identified and training for workers such as tradespeople will be provided. -- Australia will advocate for a worldwide ban on asbestos mining and manufacturing and develop strategies to stop asbestos coming to Australia through imported products. Abetz said Australia had a legacy of asbestos emanating from widespread use of the material in construction products prior to a ban in 1989, and that the plan would see jurisdictions work together toward long-term practical solutions. "This plan will result in coordinated effort across the country to reduce the deadly effects of asbestos on Australians, as well as help put Australia at the forefront of global efforts to deal with the deadly substance," he said. As a high level document, however, the plan does not lay out much in terms of quantifiable goals, objectives or specified timeframes for delivery. These are instead being left up to individual jurisdictions to determine for themselves. There is no set objective, for example, for having asbestos removed from all public buildings within Australia by a specified date. The plan comes amid growing fears about the extent of the presence of asbestos -- which if inhaled can cause lung cancer, mesothelioma and asbestosis -- within buildings and infrastructure around the country. According to one estimate, the material may be present in as many as one-third of all homes throughout the nation. Meanwhile, with the material continuing to be used in a number of countries, there are fears asbestos may be coming into Australia through imported products. For example, the Asbestos Safety and Eradication Agency says the material was found in cement compound board imported from China into the ACT, a type of boiler which had previously been imported from South Korea in 2008, a shed purchased by a builder over the internet and a loss circulation material imported from China which was used in coal-seam-gas drilling rig operations to help prevent drilling fluids from moving sideways. ASBESTOS UPDATE: Fibro Found in Community Hospital Project Site --------------------------------------------------------------- Tim Healy, writing for Leicester Mercury, reported that asbestos will have to be cleared from the site of a delayed community hospital project, the NHS announced. NHS Property Services has admitted there are traces of the potentially cancer-causing material where the proposed GBP7.8million St Luke's Hospital will be built in Market Harborough. But it says the mineral is not hazardous and does not pose a health risk. The traces of asbestos are contained in the buried remains of a previously demolished building. However specialists will have to be brought in to deal with the asbestos. Building work should have started on the St Luke's site in Leicester Road in the Spring. However that was cancelled because of a wrangle over agreements with proposed tenants. Health campaigner Phil Knowles, who has battled for the new hospital for 28 years, said: "This is a very disturbing development. "We need to be told the level of asbestos contamination and what is going to be done to ensure the site is clean. "We also need to be told if the clean up will add to the costs and of course whether the project will be further delayed. "I am very disappointed that we have to drag every piece of information from the NHS. There is no transparency here." Harborough MP Sir Edward Garnier QC who has raised the delays with Health Secretary Jeremy Hunt said: " The St Luke's project has become a metaphor for incompetence. "If there is asbestos present or not or if it is serious or not, this is simply another example of the problems besetting this project. "This project needs to be elevated to the highest political and official level. "It seems that this project cannot progress without in-built delays at every stage." The NHS admitted the presence of the asbestos after the Leicester Mercury had seen an official document referring to the mineral on site. An NHS Property Services spokesman said: "The underground remains of the previous buildings on site have been excavated and examined and some traces of asbestos have been identified. "However, these have been found to be non-hazardous and there is no risk to the public. "The site itself contains no hazardous materials and an appropriate action plan has been developed to manage the site when construction of the new hospital commences." ASBESTOS UPDATE: Anglian Ltd Fined for Selling Boiler with Fibro ---------------------------------------------------------------- Jordan Day, writing for Ely News, reported that a demolition and licensed asbestos removal company has been fined after it sold a boiler found to contain asbestos. Norwich Magistrates' Court heard that in May or June 2012, Anglian Demolition and Asbestos Limited was the contractor for the demolition and asbestos removal work at the boiler house at the Princess of Wales Hospital in Ely. The Health and Safety Executive (HSE), prosecuting, told the court the firm had removed two boilers from the boiler house and sold them to Kings Boiler Hire Limited. One of the boilers was then found to contain asbestos. Anglian Demolition and Asbestos Limited, which is based on the Anglian Business Centre in West Carr Rd, Attleborough, Norfolk, was fined a total of GBP2,750 and ordered to pay GBP1,716 in costs after pleading guilty to an offence under Regulation 11(2) of the REACH Enforcement Regulations 2008. Speaking after the hearing, HSE inspector Edward Crick said: "The dangers of asbestos fibres to health are well known. "Asbestos fibres, and items that have asbestos intentionally added to them, are items that cannot legally be placed on the market, as detailed by requirements of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation EC No 1907/2006. "Placing on the market has a wide definition and includes supplying or making available, whether in return for payment or free of charge, to a third party and applies at every stage in the supply chain." Lee Storer, managing director of Anglian Demolition and Asbestos Limited, said: "Although disappointed with the verdict and the decision to prosecute by the HSE, we deeply regret what was an unintentional oversight in allowing one of two by six tonne boilers containing a single asbestos gasket weighing approximately 0.1kg to leave one of our demolition sites for refurbishment at a specialist boiler sales and hire contractor. "It was never our intention to allow this onto the open market and no one had been put at risk. "The company has had an exemplary health and safety record since it was formed in 2005 which was recognised by the bench and we take any procedural failings very seriously. "We have therefore revised our standard working procedures as one of the measures to prevent such recurrences." ASBESTOS UPDATE: Gov't Knew of Fibro Risk in Nauru Prison --------------------------------------------------------- Nicole Hasham, writing for The Sydney Morning Herald, reported that piles of burnt rubble riddled with asbestos lay around a prison at Nauru where scores of asylum seekers have been held and government subcontractors have worked, posing a "potentially serious" health risk, leaked emails show. The Department of Immigration and Border Protection says tests later showed airborne asbestos fibres were not above "monitoring thresholds". But it did not report the potential problem to Comcare, the federal workplace safety regulator, despite being required to notify the agency of suspected asbestos exposure relating to the department's work. Asbestos fibres can cause lung diseases including cancer. Confidential emails seen by Fairfax Media reveal government officials and subcontractors said staff should either wear protective clothing and masks or avoid the prison entirely. However, a former staff member alleges those measures were not implemented, and neither workers nor asylum seekers were protected while the risk was being assessed. United Voice, the union representing staff of government subcontractor Wilson Security, said it has repeatedly raised the issue of asbestos exposure at Nauru but the company "blatantly failed to address" it. The incident will stoke further fears over the welfare of asylum seekers and workers in the Pacific island nation, host to an Australian-funded detention centre, which a Senate report found was "not adequate, appropriate or safe". A New York Times editorial on described the centre as "purgatory". Fairfax Media has sighted emails from December in which a department official said tests had "discovered a potentially serious asbestos exposure at the prison". "After the old prison was burnt down in 2007, a new prison was built on the same site without any clean-up [and] the burnt debris is still there," she wrote. The email notes staff from government subcontractor Wilson Security and detention centre health provider International Health and Medical Services, "visit the prisoners on occasions". "It has been suggested all personnel avoid that area if possible, until a clean-up is organised," the official says, asking for department staff to be informed. In other emails, an employee believed to be from Wilson Security describes the asbestos as "a real concern". She says the reports of contamination were yet to be formalised but recommended staff not visit the prison. "However, we currently have an asylum seeker that requires visits from our behaviour team once a fortnight . . . which we will not be undertaking without protective clothing and respiratory mask," she says. Asbestos is a common building material on Nauru. An email from a senior department official last November said 27 sites on the island were being tested, including refugee accommodation. After riots at the detention centre in 2013, about 60 detainees were arrested and taken to the Nauru prison. Many others have been held there for other alleged offences or convictions -- sometimes for years. In one email, a Wilson Security manager says many staff members worked in the prison after the riots and its rooms and yards had been used for training. Fairfax Media provided details of the emails to the department, Wilson Security and detention centre operator Transfield Services, which did not dispute they were genuine. In July the department told a Senate committee it was aware that Nauru jail buildings were built with asbestos but it had "not undertaken any precautionary or constructive works" and had no plans to do so. A Comcare spokesman said the agency had not been notified of any asbestos issues on Nauru by the department or Transfield Services. "The department has a duty to notify Comcare if a worker suspects exposure to asbestos where it relates directly to work being undertaken by the department," he said. This would also apply to contractors and subcontractors. The department did not respond to questions over how staff and asylum seekers were protected when officials were alerted to the potential asbestos risk, saying only that it "takes safety and security very seriously and seeks expert advice in relation to any risks identified". Three days after first being contacted about the issue by Fairfax Media, a department spokeswoman said a baseline study indicated "no airborne asbestos fibres have been detected on Nauru above the monitoring thresholds" in any location tested. A former Nauru contractor told Fairfax Media old framing and rubble lay around the prison, and many staff were concerned the asbestos risk was being "hidden". "It was not made public, there were no briefings in regards to it," the former worker said. He said "nothing was done" for asylum seekers living at the prison -- an account confirmed by an asylum seeker previously held there. Refugee Council of Australia chief executive Paul Power said it was "outrageous that [asylum seekers] living 24 hours a day seven days a week in that situation . . . have not been warned of the dangers or given any support to protect themselves." Wilson Security and Transfield Services refused to comment. Transfield revealed its government contract, which expires in October, was set to be renewed for five more years. ASBESTOS UPDATE: Pensioners Died After Fibro Exposure ----------------------------------------------------- Express & Star reported that Shropshire and Telford & Wrekin coroner Mr John Ellery ruled in the cases of both Barry Ellis, from Pattingham and Clive Alister Brogan, from Telford, that their deaths were as the result of industrial disease. The separate inquests of both men were heard at Telford Register Office. Mr Ellis, aged 66, died on March 17 at Telford's Princess Royal Hospital while Mr Brogan, 72, of Ashdale Road, Wrockwardine Wood, passed away on May 16 at the same hospital. A post-mortem into Mr Ellis' death revealed it was caused by pneumonia and lung disease as a result of asbestosis. His daughter Jodie Winfield, through a solicitor, told the hearing it was believed Mr Ellis had been exposed to asbestos over a period of 26 years from 1966 to 1992 when he was employed by three different firms. They included Willenhall-based Swinnerton & Miller, where he worked as an explosives and demolition engineer between 1969 and 1972. The inquest heard Mr Ellis died on the respiratory ward at Princess Royal shortly after being admitted. His family are pursuing compensation, the hearing was told. Concluding his inquest, coroner Mr Ellery said: "I am satisfied that the asbestosis was caused by exposure to asbestos in the workplace. "I do not even have to identify which of the three companies it was. I am satisfied it would have been some or all of those three. I record a verdict of death as the result of industrial disease." Mr Ellery reached the same verdict following the inquest into the death of Mr Brogan, whose wife Barbara described in a written statement as a 'fit, strong and healthy' man even into retirement who loved going on long walks. ASBESTOS UPDATE: MSU Faces Fibro Negligence Class Suit ------------------------------------------------------ Jillian Duff, writing for Mesothelioma.com, reported that a 61- year-old man named Lewis Williamson filed a lawsuit against Morehead State University (MSU) for health problems he believes were caused by asbestos exposure during his time as a student and employee. He's only expected to live another two years with the asbestos disease he developed. Williamson was at MSU collectively for a total of seven years. First, from 1998-2002 for his nursing degree, and then again from 2004-2007 to work as a multi-media lab coordinator in the Department of Nursing. He claims nearly 100 buildings on-campus potentially contain asbestos. Asbestos exposure has been attributed to being the root of many types of health complications, with some being more serious than others. Many affect the respiratory system and can impact breathing and lung function. The lawsuit was filed on August 11 in the Rowan Circuit Court seeking $1 million in lost wages, $1 million in pain and suffering, and $20 million in punitive damages. Williamson says his related health problems have made him unable to work since 2010. The compliant is for negligence and intentional disregard of the asbestos risks that led to his exposure. Williamson is also asking for a class action suit against the 100 asbestos-ridden MSU buildings and hopes a $1 billion trust fund can be created for the medical expenses and damages numerous others might experience in the future. "I don't care if I get anything. Anyone who walks in those buildings is at risk to exposure," he said. "Until I publicize this, they're not going to address the situation. This has been going on for years, since 1980 at least. In essence, they don't value the lives of their students, employees, and visitors." Even though asbestos was once considered a "miracle mineral" for its excellent fire and heat-resistant properties, experts now agree that no amount of exposure to the hazardous material is safe. Williamson was diagnosed with asbestos disease in 2014 by Dr. Ayesha Sikder after the four years of being unable to work and returning to Kentucky. He had been working on a Native American reservation in Arizona before that. "I got offered a job out west and got sick and spent around four years being unable to work. I came back to Kentucky and sought medical care. The x-rays came back and I didn't have anything. But I had this constant pain," he explained. "After Obamacare came, I got insurance and they paid for a CT scan. That's how I found out." MSU would not comment on the filed lawsuit, but Williamson stated he's not giving up and doesn't care if he gets anything for himself from the lawsuit. As a nurse, his job is to protect people hence the litigation to ensure MSU takes the appropriate actions to protect people on its campus. "They're going to pay one way or the other. Too many people have been exposed," said Williamson. ASBESTOS UPDATE: Scottish Govt Called to Address Fibro Issue ------------------------------------------------------------ Jim Milnes, writing for Hawick News, reported that occupational health researchers from the University of Stirling are calling on the Scottish Parliament to address an asbestos-related compensation issue. Scotland leads the way in protecting the rights of people affected by asbestos, but an academic report has discovered in certain circumstances claimants are poorly served within the current arrangements. Stirling researchers found people who suffer from pleural plaques, an asbestos-related condition which affects the lungs and chest, are forced to second-guess their chances of developing a potentially fatal condition such as lung cancer and mesothelioma. Pleural plaques victims must choose between a smaller provisional payout enabling them to return to court if then affected by a more serious condition, or accept a full and final payment, ending all legal liability. "It is perfectly understandable that the victim when faced with such a choice would choose the larger compensation award, but they cannot possibly grasp the potential effects of a more serious illness upon them and their family," explained lead researcher Tommy Gorman, from the University of Stirling's Occupational and Environmental Health Research Group. "The Scottish Parliament has produced vital legislation in recent years to address the devastating impact of asbestos-related conditions and I believe our report provides a compelling argument for the need to move quickly to resolve negative impacts on claimants and their families." Researchers suggest one possible solution would be to give pleural plaques stand-alone status, which is in line with similar approaches taken across Europe. This would enable victims to receive an award through an alternative payment system and pursue future court claims in relation to a more serious condition. Fellow researcher Professor Andrew Watterson added: "An alternative compensation system such as one similar to that operated in France under a social insurance scheme would remove unnecessary pressures on claimants, reduce legal costs for both the claimant and defender and crucially increase access to compensation for people negligently affected by asbestos exposure." Their findings have been backed by Scottish writer James Kelman, who worked for a period as an asbestos-mixer. He said: "Any movement towards justice for the victims of asbestos abuse is welcome. At this period in the struggle the work being done by the University of Stirling is crucial. The Scottish Parliament has the chance to show here its commitment and support not only to the Research Group but to the many thousands of people whose health has been damaged irreparably, and fatally in too many cases." The report will be discussed at a meeting of MSPs from all parties, ministers, groups representing those with asbestos- related diseases, health and safety groups, trade unions and lawyers at the Scottish Parliament on 8 September. ASBESTOS UPDATE: Apache Tribe Conducts Toxic Dust Clean-up ---------------------------------------------------------- WMIcentral.com reported that the White Mountain Apache Tribe Environmental Protection Office will be conducting asbestos abatement, hazardous waste removal and demolition of the old Maintenance Building. The exact location of the facility is 106 E. Spruce St., the northeast corner of North 1st and East Spruce streets. The asbestos abatement, hazardous waste removal, as well as demolition of the facility will be conducted immediately. The tribal has announced that any trespassing before or during the abatement, hazardous waste removal and demolition of the facility is prohibited for safety reasons. Should any non-related activities occur on-site, officials ask that the office be contacted immediately. The operation schedule of the abatement, hazardous waste removal and demolishment will be during daylight hours only. Any questions, comments or concerns may be directed to the Environmental Protection Office Public Works/Solid Waste Department at 928-339-4325 or 928-338-1504/1505. ASBESTOS UPDATE: Port Terminal Sued Over Employee's Fibro Death --------------------------------------------------------------- Carol Ostrow, writing for Southeast Texas Record, reported that a railroad worker's estate executors are suing his employers alleging wrongful death in the man's alleged exposure to asbestos over the course of his career beginning in 1959 and culminating in 2002. Chuck L. Harrison and Karen A. Cannon filed a lawsuit individually and as representatives of the estate of Leon E. Harrison against Port Terminal Railroad Association of Harris County and its successor in interest, Union Pacific Railroad Co., in the Houston Division of the Southern District of Texas on Aug. 31 alleging negligence dating back to the late 1970s. The complaint states that the railroad companies were in violation of the Federal Employers' Liability Act when they allowed Leon Harrison to work with machinery, tools and equipment associated with asbestos exposure. According to the lawsuit, the employee was diagnosed with lung cancer on or about Oct. 5, 2012, and died on Jan. 25, 2013, at age 73. Charging the defendants with negligence in their alleged failure to protect Leon Harrison, the plaintiffs hold the defendants responsible for failure to avoid asbestos-containing materials, inspect its equipment thoroughly, warn employees of hazardous conditions, provide respirators and medical monitoring, and follow their own policies. Claiming pain, suffering, anguish, fear, impairment, and medical expenses for the elder Harrison, the plaintiffs seek actual and special damages, pre- and post-judgment interest, attorney's fees, expenses and costs. They are represented by J. Kirkland Sammons of Sammons & Berry in Houston. J. Kirkland Sammons, Esq. SAMMONS & BERRY 4606 Cypress Creek Pkwy #600 Houston, TX 77069 Phone: +1 713-425-7200 ASBESTOS UPDATE: Family Sues Chevron Over Fibro-Caused Death ------------------------------------------------------------ Molly English-Bowers, writing for Southeast Texas Record, reported that a Nederland family is suing the workplace of their deceased husband and father, alleging negligence in exposing him to asbestos, which they say caused him to develop lung cancer, leading to his premature death. Wife Lillian Aycock, as independent executrix of the estate John Aycock III, and sons Justin Aycock and Chad Aycock filed a lawsuit June 17 in Jefferson County District Court against Chevron USA, Gulf Oil Corporation, Able Supply Co. and Guard-Line Inc., alleging negligence. According to the complaint Aycock's employer Chevron caused his Jan. 16, 2014, death by knowingly exposing him to asbestos in the course of his work duties. The suit says Aycock began working at the Gulf Oil refinery in Port Arthur in 1969, first as a laborer, then a utility helper, a welder and finally a refinery inspector. The lawsuit states he was exposed to asbestos-containing materials when he worked as a laborer, until 1974. The Aycock family seeks general damages, special damages, punitive and exemplary damages, as well as a trial by jury, plus legal costs. They are represented by attorney Tina H. Bradley of Hobson & Bradley in Beaumont. ASBESTOS UPDATE: Fibro Ruling Fuels Bogus Claims ------------------------------------------------ Christopher Booker, writing for the Telegraph, reported that like numerous other businesses across the country, a small, long- established Hertfordshire building firm has been threatened with bankruptcy over events which allegedly took place 50 years ago -- all because of a controversial judgment by the U.K. Supreme Court in 2011 which, as I warned at the time, was based on a disastrous scientific error. Based on no scientific evidence, the judges ruled in effect that all cases of mesothelioma, a nasty form of cancer, are caused by exposure to "asbestos". Had the judges heard any proper scientific evidence, they would firstly have known that up to 25 per cent of mesotheliomas occur naturally. But they would also have learnt the vital distinction between two very different minerals which are both loosely and unscientifically known as "asbestos". The "blue" and "brown" forms, fibrous iron silicates, can cause potentially lethal lung damage. But 90 per cent of "asbestos products" consist of cement bonded with "white asbestos", a magnesium silicate, the soft fibres of which soon dissolve in the lungs and cannot cause mesothelioma. By recklessly lumping together all types of "asbestos", the Supreme Court judges set in train just the chain of events I warned of in 2011. For claims lawyers it promised a field day. They could begin advertising for anyone with a suspected mesothelioma who could be quizzed as to where they might ever have been exposed to asbestos at work or even at their schools -- to use the Supreme Court ruling as the basis for an automatic compensation claim. No medical proof is required to show even that the cancer is genuinely a mesothelioma, let alone that it was caused by asbestos (to establish this by analysis of fibres in the lung is very costly). Under the 2014 Mesothelioma Act, the Government further boosted the claims industry by setting up a GBP300 million compensation fund, paid for by insurance companies. But even this is paltry compared with City estimates that total claims may amount to GBP5 billion. And the main beneficiaries of all this, as in America, where a similar system was famously dubbed the "$200 billion miscarriage of justice", are not so much the genuine victims as the claims lawyers themselves. Comparisons have been drawn with the scandal a decade ago involving a similar government-backed scheme to compensate miners for industrial diseases, when it came to light that one firm of solicitors had earned GBP115 million in fees for processing 100,000 claims, while most of the miners received less than GBP1,000. What too often happens is typified by the plight of the Hertfordshire building firm. The claims lawyers, supported by the insurers, target any businesses where their client could have been in contact with any form of asbestos, or even their schools, to sue them directly. In the Hertfordshire case, the victim, who has just died of an alleged mesothelioma, claimed to have worked several times in the Sixties with guttering and downpipes made of asbestos cement. When the firm's owner was sued for GBP300,000, which would put him out of business, he contacted John Bridle of Asbestos Watchdog, arguably the country's most experienced practical expert on asbestos (also supported by the leading independent asbestos scientists), who has long fought to expose the various scams which exploit the confusion between the two different minerals. Earlier the firm's lawyers, on Bridle's advice, demanded clear medical evidence of a link between the man's disease and an asbestos product named in the claim, which has never in fact existed. Since then the claims lawyers have gone quiet. As Bridle says: "This has happened in all the similar cases I have been involved in, only one of which I could see was genuine, when I immediately advised that compensation should be paid. The real victims of this racket are the genuine cases who may well receive less because, thanks to that Supreme Court ruling, they are being muddled in with the very much larger number of claims which are wholly spurious and never put to any proper evidential test." ASBESTOS UPDATE: Fibro Found in Hundreds of Shropshire Buildings ---------------------------------------------------------------- Shropshire Star reported that schools, libraries, fire stations and daycare centres are included on a list of buildings in Shropshire, England. Although the substance is not deemed dangerous, if disturbed its fibres cause long-term lung problems like mesothelioma, lung cancer, asbestosis and pleural thickening. Overall there are 391 sites across Shropshire with asbestos, of which around 175 are schools, 13 libraries, 10 fire stations, and about 10 leisure facilities including swimming pools. Telford & Wrekin Council has a total of 62 buildings containing the substance. Oakengates Theatre in Telford, Prees gipsy and traveller site near Market Drayton and Shrewsbury Crown Court are among buildings that have asbestos. The building that contains the most traces of asbestos is The Shirehall in Shrewsbury, where 398 samples were found during an inspection. This is followed by the Grove School in Market Drayton with 270 samples and Idsall School in Shifnal with 257. Neither council has needed to shut any of the sites and they say no current or former employees have reported any health issues relating to asbestos. Dealing with the issue, Telford & Wrekin Council has spent a total of GBP280,000 since 2011, while Shropshire Council has spent GBP174,423 since 2013. The councils say the money was used to cover inspections, updating records, and removing, enclosing or encapsulating known asbestos as a result of annual inspections or planned building refurbishments. Steph Jackson, Shropshire Council's head of commercial services, said: "We take our duties with regards to asbestos extremely seriously and undertake our duties to ensure the safety of the public and school users." Diseases caused by the substance still kills about 5,000 workers each year, which is more than the number of people killed in road accidents across the UK. The Health and Safety Executive also states that around 20 tradesman die each week as a result of past exposure to the substance. Asbestos can be present in any building that was built or refurbished before the year 2000. Figures show the challenge faced by councils as they attempt to deal with buildings that were constructed before the dangers of asbestos became known. Other sites that contain asbestos include Raven Meadows car park in Shrewsbury, Newport Girls High and Whitchurch Civic Centre. The substance is rarely removed from the buildings as it is not deemed dangerous unless disturbed during demolition or refurbishment. But the list of problem buildings has been created to ensure that nobody is placed in danger when work is carried out in the future. If a sample is found to be "high risk" while inspections are carried out, actions will be made to reduce the risk of harm. In the on-site asbestos register produced by Shropshire Council one per cent of samples are high risk, 24 per cent are medium risk, and 75 per cent are low risk. Shropshire Councils says it has not closed any buildings due to asbestos being present in recent years. The council also says it has no records of people who use these buildings suffering ill health caused by the substance. Steph Jackson, Shropshire Council's head of commercial services, said: "In keeping with the current Health and Safety Executive guidance, all known asbestos samples in council-managed buildings are reinspected at least annually to evaluate the risk associated with each one. "Each asbestos sample has the risk sorted in order to establish its risk priority. "The number of samples, sites and the ratio of risk priorities changes daily, as re-inspection surveys are completed and ongoing removal and remedial works are completed. "The expenditure covers inspecting and monitoring the condition of known asbestos and updating the records, and removing, enclosing or encapsulating known asbestos as a result of the annual inspections or planned building refurbishments. "I believe this demonstrates that we take our duties with regards to asbestos extremely seriously and undertake our duties to ensure the safety of the public and school users." Russell Griffin, of Telford & Wrekin Council, said: "In accordance with the control of asbestos regulations the council has in place asbestos management surveys for its properties, these include both operational and educational buildings. "From these surveys asbestos containing materials are known to be present in 62 properties. "There are no schools or operational properties that are not being used because of the presence of asbestos." ASBESTOS UPDATE: White Collar Workers Warned of Mesothelioma ------------------------------------------------------------ Sunderland Echo reported that the North East's toll of absbestos- related illness is increasingly affecting white collar workers, a solicitor has warned. Industrial workers have previously been most affected by the tragedy, because of the region's legacy of heavy industry, But John Hall, Managing Partner with Tilly Bailey & Irvine Solicitors, said increasing numbers of white collar workers were succumbing to asbestos-related diseases following years of low- level workplace exposure -- but claims against their employers were proving difficult to substantiate. The British Medical Journal recently predicted a rise in the number of asbestos-related diseases, likely to peak around 2020. The deadliest such disease is mesothelioma, for which there is no cure. "Mesothelioma has mostly affected those who have worked in heavy industry without protection against the asbestos dust they were exposed to," said Mr Hall. "However, more recently cases have appeared where teachers and office workers have developed this disease. "These occupations were not previously considered at risk, but the evidence shows low level exposure to the dust is sufficient to cause disease. "Mesothelioma develops between 25 and 50 years after the asbestos exposure, and many of the cases we see now involve exposure in the 1960s and 70s. "At that time many white collar workers would have been unknowingly exposed to low levels of the dust in their workplace. "Only now is it revealing itself as the disease develops." "While it is difficult to substantiate a claim against the owners of the building where a person worked, or the local authority if applicable, we are expecting increasing numbers of such cases in the coming years." "A lawyer who is tracking relevant case law will be best able to advise anyone suffering from this disease," he said. ASBESTOS UPDATE: Coles Closes Site Due to Toxic Dust ---------------------------------------------------- Lawrence Machado, writing for Daily Telegraph, reported that community uproar has forced supermarket giant Coles to close off their site for a proposed supermarket at Box Hill, over fears of asbestos contamination. According to "disgusted" Castle Hill Liberal MP, Ray Williams, who raised the matter in Parliament, Coles had leased the site to a contractor who. Coles said they are working with The Hills Shire Council to make the site safe. "As soon as we were made aware of this issue we immediately evicted the tenants," a Coles spokeswoman said. "We have been working closely with the local council to ensure the site is secure and safe and are currently preparing to undertake the remediation process as quickly and safely as possible." MASTER PLAN FOR $4B BOX HILL DEVELOPMENT On past experience in these matters, it has always fallen to the sometimes unfortunate OWNERS of the land to ultimately pay for the clean-up and or removal of contaminated waste, if other parties cannot be found or prosecuted. One of the residents, Bob Cockerill, said he fears the potential for deadly illnesses caused by the asbestos. "My kids and grandkids live in this area and I am concerned for them and all the other kids in the area," Mr Cockerill said. "I was a contractor many years ago and know how bad it can be." What we want is for Coles to take responsibility and get licensed contractors to properly secure the facility as it's a health hazard. Five years ago a young man in the area died from disease associated with asbestos and it was very tragic." PARAMEDIC WHO LOVES HIS JOB Mr Williams told the Rouse Hill Times he will pursue Coles until the site is remediated. "On behalf of the safety of the families in my community, Coles should immediately clean this site thoroughly and then pursue the offenders who dumped the contaminated rubbish," Mr Williams said. In Parliament Mr Williams said: "In July, a local resident in my electorate noticed waste building materials being illegally deposited late at night onto a five-acre block of rural land in Box Hill, and raised the alarm immediately with the council. "The council inspected the property at 25 Terry Road, Box Hill, and issued a clean-up notice to a company by the name of Demo Worx on 15 August to be implemented by 16 September 2015. "On 17 August, another resident contacted me advising that the owner of this site had put a leaflet into residents' letterboxes stating that asbestos of both a friable and bonded nature has been detected on the site." "As we know, friable asbestos is 100 per cent pure and, because it is very soft, it can become airborne and extremely dangerous if it is blown around. If it is subsequently breathed in, it can cause asbestosis and/or mesothelioma. "The resident who contacted me, said that at the time a westerly wind was blowing straight across nearby homes, which are as close as 30 meters from that dangerous material. "At the time the asbestos had not been buried or covered and was exposed to the elements. "It was just lying in a heap on the property. Several very young children live with families in adjoining properties. "I contacted the council immediately and was advised that the owner of the property is none other than Coles Supermarkets. Coles apparently purchased this five-acre rural block of ground at number 25 Terry Road, Box Hill. "The property is in the middle of a new residential release area. The site eventually will be used for a new Coles Supermarket as the area develops. "In the meantime, Coles has leased the property to receive some income from its investment until construction of the supermarket begins. The company that Coles leased the site to is KMAC Waste Services Pty Ltd trading under the business name of Demo Worx. Demo Worx is a demolition company that removes waste materials from building sites across Sydney. "Following my latest representations to the council, the property is now in virtual lockdown with a 24-hour security guard parked outside. There is an encompassing mesh and steel boundary fence with several large "Keep Out, Asbestos" signs on it." A representative for the Seven Hills-based Demo Worx declined to provide a response, when contacted by Rouse Hill Times. ASBESTOS UPDATE: Kingston Man Appeals for Info on Father's Death ---------------------------------------------------------------- Rachel Burford, writing for Kingston Guardian, reported that a man whose research physicist father died of asbestos-related cancer is appealing for colleagues who may have known him in the 1970s. Norman Crevis, who lived in Dysart Avenue, Kingston, was 80 years- old when he died in March 2012 in the Princess Alice Hospice in Esher. He died from Mesothelioma, the type of cancer most commonly associated with asbestos exposure. Mr Crevis' son Jonathan believes his father may have been exposed to asbestos when he worked in the research department at the Electrical Research Association (ERA) in Leatherhead from 1967 until 1973. He said: "He had a number of jobs over the years and, based on some of the work he did, it seems like the most likely place he was exposed. "If any witnesses that knew him at the time and could come forward and confirm whether he was or wasn't exposed while working at ERA that would help us. "It would also help any other potential asbestos-related cases. "We just want to know how and why he died the way he did." An inquest into the death ruled the most-likely cause of death would have been asbestos. ASBESTOS UPDATE: Watts Water Has 250 Fibro Suits at March 29 ------------------------------------------------------------ Watts Water Technologies, Inc., is defending 250 lawsuits alleging injury or death as a result of exposure to asbestos, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 29, 2015. The Company is defending approximately 250 lawsuits in different jurisdictions, alleging injury or death as a result of exposure to asbestos. The complaints in these cases typically name a large number of defendants and do not identify any particular Company products as a source of asbestos exposure. To date, discovery has failed to yield evidence of substantial exposure to any Company products and no judgments have been entered against the Company. Watts Water Technologies, Inc., (Watts Water) designs, manufactures and sells water safety and flow control products. The Company operates through three segments: Americas; Europe, Middle East and Africa (EMEA), and Asia-Pacific. It offers a range of products in terms of design distinction, size and configuration. It classifies its products into four product lines, including residential and commercial flow control products, which includes products for plumbing and hot water applications; heating, ventilation and air conditioning (HVAC) and gas products, including hydronic and electric heating systems for under-floor radiant applications, commercial high-efficiency boilers, water heaters and heating solutions, custom heat and hot water solutions; drainage and water re-use products, including drainage products and engineered rain water harvesting solutions, and water quality products, including point-of-use and point-of-entry water filtration, conditioning and scale prevention systems. ASBESTOS UPDATE: Roper Tech Continues to Defend Fibro Claims ------------------------------------------------------------ Roper Technologies, Inc., continues to defend itself against asbestos-related litigation claims, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2015. Over recent years there has been an increase in certain U.S. states in asbestos-related litigation claims against numerous industrial companies. Roper or its subsidiaries have been named defendants in some such cases. No significant resources have been required by Roper to respond to these cases and the Company believes it has valid defenses to such claims and, if required, intends to defend them vigorously. Given the state of these claims it is not possible to determine the potential liability, if any. Roper Technologies, Inc. (Roper), formerly Roper Industries, Inc., is a diversified technology company. The Company operates in four segments, including Medical and Scientific Imaging segment, which offers products and software in medical applications and digital imaging products; RF Technology segment, which provides radio frequency identification (RFID) communication technology and software solutions; Industrial Technology segment, which produces fluid handling pumps, materials analysis equipment and consumables, leak testing equipment, flow measurement and metering equipment and water meter and automatic meter reading products and systems, and Energy Systems and Controls segment, which produces control systems, fluid properties testing equipment, industrial valves and controls, vibration sensors and controls, and non- destructive inspection and measurement products and solutions. ASBESTOS UPDATE: W.R. Grace Accrues $400K for Two PD Claims ----------------------------------------------------------- W.R. Grace & Co., has accrued $400,000 relating to two asbestos property damage claims, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2015. Grace emerged from an asbestos-related Chapter 11 bankruptcy on February 3, 2014 (the "Effective Date"). Under its plan of reorganization, all pending and future asbestos-related claims are channeled for resolution to either a personal injury trust (the "PI Trust") or a property damage trust (the "PD Trust"). The trusts are the sole recourse for holders of asbestos-related claims. The channeling injunctions issued by the bankruptcy court prohibit holders of asbestos-related claims from asserting such claims directly against Grace. Following the repurchase of the warrant issued to the PI Trust in connection with emergence from bankruptcy, Grace has satisfied all of its financial obligations to the PI Trust. Grace has fixed and contingent obligations remaining to the PD Trust. With respect to property damage claims related to Grace's former attic insulation product installed in the U.S. ("ZAI PD Claims"), the PD Trust was funded with $34.4 million on the Effective Date. Grace is obligated to make a payment of $30 million to the PD Trust in respect of ZAI PD Claims on February 3, 2017, and has recorded a liability of $28.4 million representing the present value of this amount in "debt payable after one year" in the accompanying Consolidated Balance Sheets. Grace is also obligated to make up to 10 contingent deferred payments of $8 million per year to the PD Trust in respect of ZAI PD Claims during the 20-year period beginning on the fifth anniversary of the Effective Date, with each such payment due only if the assets of the PD Trust in respect of ZAI PD Claims fall below $10 million during the preceding year. Grace has not accrued for the 10 additional payments since Grace does not currently believe they are probable. Grace is not obligated to make additional payments to the PD Trust in respect of ZAI PD Claims beyond the payments. Grace has satisfied all of its financial obligations with respect to Canadian ZAI PD Claims. With respect to other asbestos property damage claims ("Other PD Claims"), claims unresolved as of the Effective Date are to be litigated in the bankruptcy court and any future claims are to be litigated in a federal district court, in each case pursuant to procedures to be approved by the bankruptcy court. To the extent any such Other PD Claims are determined to be allowed claims, they are to be paid in cash by the PD Trust. Grace is obligated to make a payment to the PD Trust every six months in the amount of any Other PD Claims allowed during the preceding six months plus interest (if applicable) and the amount of PD Trust expenses for the preceding six months (the "PD Obligation"). The aggregate amount to be paid under the PD Obligation is not capped and Grace may be obligated to make additional payments to the PD Trust in respect of the PD Obligation. Grace has accrued for those unresolved Other PD Claims that it believes are probable and estimable. Grace has not accrued for other unresolved or unasserted Other PD Claims as it does not believe that payment is probable. As of March 31, 2015, Grace has accrued $0.4 million since the Effective Date related to two Other PD Claims that were filed in the bankruptcy but were not resolved until after the Effective Date. All payments to the PD Trust required after the Effective Date are secured by the Company's obligation to issue 77,372,257 shares of Company common stock to the PD Trust in the event of default, subject to customary anti-dilution provisions. W.R. Grace & Co. (Grace) is engaged in the production and sale of specialty chemicals and specialty materials on a global basis. The Company operates in three segments: Grace Catalysts Technologies, which includes catalysts and related products and refining, petrochemical and other chemical manufacturing technologies; Grace Materials Technologies, which includes packaging technologies and engineered materials, and Grace Construction Products, which includes specialty construction chemicals and specialty building materials. Its brands include Sylojet, Syloid, Shieldex, Sylosiv, Sylowhite, Durafill, Ludox, Sylodent, Syloblanc, Daraclar, Trisyl, Perkasil, Phonosorb, Sylobead, Cryosiv, Safetysorb, Poliedge, Sylobloc, Synthetech, Davisil, Vydac, Modcol, Spring, Multipacker, Reveleris, Revealx, Graceresolv, Visionht, Vydac, Alltech, Alltima, Sodasorb, Darex, Daraform, Daraseal, Darablend, Sincera, Celox, Apperta and Sistiaga. ASBESTOS UPDATE: Con Edison Accrues $8-Mil. Fibro Liability ----------------------------------------------------------- Consolidated Edison, Inc., accrued $8 million liability for asbestos suits, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2015. Suits have been brought in New York State and federal courts against the Utilities and many other defendants, wherein a large number of plaintiffs sought large amounts of compensatory and punitive damages for deaths and injuries allegedly caused by exposure to asbestos at various premises of the Utilities. The suits that have been resolved, which are many, have been resolved without any payment by the Utilities, or for amounts that were not, in the aggregate, material to them. The amounts specified in all the remaining thousands of suits total billions of dollars; however, the Utilities believe that these amounts are greatly exaggerated, based on the disposition of previous claims. At March 31, 2015, Con Edison had accrued its estimated aggregate undiscounted potential liabilities for these suits and additional suits that may be brought over the next 15 years of $8 million. The estimates were based upon a combination of modeling, historical data analysis and risk factor assessment. Trial courts have begun, and unless otherwise determined by an appellate court may continue, to apply a different standard for determining liability in asbestos suits than the standard that applied historically. As a result, the Companies currently believe that there is a reasonable possibility of an exposure to loss in excess of the liability accrued for the suits. The Companies are unable to estimate the amount or range of such loss. Consolidated Edison, Inc. (Con Edison) is a holding company, which owns Consolidated Edison Company of New York, Inc. (CECONY), which delivers electricity, natural gas and steam to customers in New York City and Westchester County; Orange and Rockland Utilities, Inc. (O&R) (together with CECONY referred to as the Utilities), which delivers electricity and natural gas to customers primarily located in southeastern New York, and northern New Jersey and northeastern Pennsylvania, and competitive energy businesses, which provide retail and wholesale electricity supply and energy services. CECONY's business operations are its regulated electric, gas and steam delivery businesses. O&R's business operations are its regulated electric and gas delivery businesses. In July 2012, Consolidated Edison Development, a wholly owned subsidiary of Con Edison, and GCL Solar Energy Inc., a wholly owned subsidiary of GCL-Poly Energy Holdings Limited, acquired two solar photovoltaic projects. ASBESTOS UPDATE: Con Edison's CECONY Accrues $7MM Fibro Liability ----------------------------------------------------------------- Consolidated Edison, Inc., reported that its subsidiary, Consolidated Edison Company of New York, Inc. (CECONY), accrued $7 million liability for asbestos suits, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2015. Suits have been brought in New York State and federal courts against the Utilities and many other defendants, wherein a large number of plaintiffs sought large amounts of compensatory and punitive damages for deaths and injuries allegedly caused by exposure to asbestos at various premises of the Utilities. The suits that have been resolved, which are many, have been resolved without any payment by the Utilities, or for amounts that were not, in the aggregate, material to them. The amounts specified in all the remaining thousands of suits total billions of dollars; however, the Utilities believe that these amounts are greatly exaggerated, based on the disposition of previous claims. At March 31, 2015, CECONY had accrued its estimated aggregate undiscounted potential liabilities for these suits and additional suits that may be brought over the next 15 years of $7 million. The estimates were based upon a combination of modeling, historical data analysis and risk factor assessment. Trial courts have begun, and unless otherwise determined by an appellate court may continue, to apply a different standard for determining liability in asbestos suits than the standard that applied historically. As a result, the Companies currently believe that there is a reasonable possibility of an exposure to loss in excess of the liability accrued for the suits. The Companies are unable to estimate the amount or range of such loss. In addition, certain current and former employees have claimed or are claiming workers' compensation benefits based on alleged disability from exposure to asbestos. Under its current rate plans, CECONY is permitted to defer as regulatory assets (for subsequent recovery through rates) costs incurred for its asbestos lawsuits and workers' compensation claims. Consolidated Edison, Inc. (Con Edison) is a holding company, which owns Consolidated Edison Company of New York, Inc. (CECONY), which delivers electricity, natural gas and steam to customers in New York City and Westchester County; Orange and Rockland Utilities, Inc. (O&R) (together with CECONY referred to as the Utilities), which delivers electricity and natural gas to customers primarily located in southeastern New York, and northern New Jersey and northeastern Pennsylvania, and competitive energy businesses, which provide retail and wholesale electricity supply and energy services. CECONY's business operations are its regulated electric, gas and steam delivery businesses. O&R's business operations are its regulated electric and gas delivery businesses. In July 2012, Consolidated Edison Development, a wholly owned subsidiary of Con Edison, and GCL Solar Energy Inc., a wholly owned subsidiary of GCL-Poly Energy Holdings Limited, acquired two solar photovoltaic projects. ASBESTOS UPDATE: Con Edison Accrues $50MM Rupture Liability ----------------------------------------------------------- Consolidated Edison, Inc., accrued its estimated liability of $50 million relating to suits due to the rupture of its subsidiary's steam main in midtown Manhattan for the suits, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2015. In July 2007, a CECONY steam main located in midtown Manhattan ruptured. It has been reported that one person died and others were injured as a result of the incident. Several buildings in the area were damaged. Debris from the incident included dirt and mud containing asbestos. The response to the incident required the closing of several buildings and streets for various periods. Approximately ninety suits are pending against the Company seeking generally unspecified compensatory and, in some cases, punitive damages, for personal injury, property damage and business interruption. The Company has notified its insurers of the incident and believes that the policies in force at the time of the incident will cover the Company's costs to satisfy its liability to others in connection with the suits. In the Company's estimation, there is not a reasonable possibility that an exposure to loss exists for the suits that is materially in excess of the estimated liability accrued. At March 31, 2015, the Company has accrued its estimated liability for the suits of $50 million and an insurance receivable in the same amount. Consolidated Edison, Inc. (Con Edison) is a holding company, which owns Consolidated Edison Company of New York, Inc. (CECONY), which delivers electricity, natural gas and steam to customers in New York City and Westchester County; Orange and Rockland Utilities, Inc. (O&R) (together with CECONY referred to as the Utilities), which delivers electricity and natural gas to customers primarily located in southeastern New York, and northern New Jersey and northeastern Pennsylvania, and competitive energy businesses, which provide retail and wholesale electricity supply and energy services. CECONY's business operations are its regulated electric, gas and steam delivery businesses. O&R's business operations are its regulated electric and gas delivery businesses. In July 2012, Consolidated Edison Development, a wholly owned subsidiary of Con Edison, and GCL Solar Energy Inc., a wholly owned subsidiary of GCL-Poly Energy Holdings Limited, acquired two solar photovoltaic projects. ASBESTOS UPDATE: Noble Corp. Has 45 Fibro Lawsuits at March 31 -------------------------------------------------------------- Noble Corporation plc has 45 asbestos-related lawsuits, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2015. The Company states: "We are from time to time a party to various lawsuits that are incidental to our operations in which the claimants seek an unspecified amount of monetary damages for personal injury, including injuries purportedly resulting from exposure to asbestos on drilling rigs and associated facilities. At March 31, 2015, there were 45 asbestos related lawsuits in which we are one of many defendants. These lawsuits have been filed in the United States in the states of Louisiana, Mississippi and Texas. We intend to vigorously defend against the litigation. We do not believe the ultimate resolution of these matters will have a material adverse effect on our financial position, results of operations or cash flows." Noble Corporation plc is an offshore drilling contractor for the oil and gas industry. The Company performs contract drilling services through its subsidiaries. In August 2014, the Company announced that it has completed the spin-off of Paragon Offshore plc. ASBESTOS UPDATE: Houston Wire Continues to Defend PI Lawsuits ------------------------------------------------------------- Houston Wire & Cable Company continues to defend itself against asbestos-related individual personal injury lawsuits, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2015. As part of the acquisition of Southwest Wire Rope and Southern Wire made in 2010, the Company assumed the liability for the post- remediation monitoring of the water quality at one of the acquired facilities in Louisiana. The expected liability of $95 at March 31, 2015 relates to the cost of the monitoring, which the Company estimates will be incurred over approximately the next 2 years, and also the cost to plug the wells. Remediation work was completed prior to the acquisition in accordance with the requirements of the Louisiana Department of Environmental Quality. The Company, along with many other defendants, has been named in a number of lawsuits in the state courts of Illinois, Minnesota, North Dakota, and South Dakota alleging that certain wire and cable which may have contained asbestos caused injury to the plaintiffs who were exposed to this wire and cable. These lawsuits are individual personal injury suits that seek unspecified amounts of money damages as the sole remedy. It is not clear whether the alleged injuries occurred as a result of the wire and cable in question or whether the Company, in fact, distributed the wire and cable alleged to have caused any injuries. The Company maintains general liability insurance that, to date, has covered the defense of and all costs associated with these claims. In addition, the Company did not manufacture any of the wire and cable at issue, and the Company would rely on any warranties from the manufacturers of such cable if it were determined that any of the wire or cable that the Company distributed contained asbestos which caused injury to any of these plaintiffs. In connection with ALLTEL's sale of the Company in 1997, ALLTEL provided indemnities with respect to costs and damages associated with these claims that the Company believes it could enforce if its insurance coverage proves inadequate. There are no legal proceedings pending against or involving the Company that, in management's opinion, based on the current known facts and circumstances, are expected to have a material adverse effect on the Company's consolidated financial position, cash flows, or results from operations. Houston Wire & Cable Company is a holding company. The Company is a provider of electrical and mechanical wire and cable, hardware and related services. Its cable management program includes purchasing and storing inventory for product availability. It offers products in categories of wire and cable, including continuous and interlocked armor cable; control and power cable; electronic wire and cable; flexible and portable cord; instrumentation and thermocouple cable; lead and high temperature cable; medium voltage cable; premise and category wire and cable; primary and secondary aluminum distribution cable; steel wire rope and wire rope slings, and synthetic fiber rope slings, chain, shackles, and other related hardware. It also offers private branded products, including its brand LifeGuard, a low-smoke, zero-halogen cable. Its products are used in repair and replacement work, also referred to as maintenance, repair and operations (MRO), and related projects. ASBESTOS UPDATE: Huntington Ingalls Continues to Defend PI Cases ---------------------------------------------------------------- Huntington Ingalls Industries, Inc., continues to defend itself against a longstanding series of asbestos-related cases, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2015. HII and its predecessors-in-interest are defendants in a longstanding series of cases that have been and continue to be filed in various jurisdictions around the country, wherein former and current employees and various third parties allege exposure to asbestos containing materials while on or associated with HII premises or while working on vessels constructed or repaired by HII. The cases allege various injuries, including those associated with pleural plaque disease, asbestosis, cancer, mesothelioma and other alleged asbestos related conditions. In some cases, several of HII's former executive officers are also named as defendants. In some instances, partial or full insurance coverage is available to the Company for its liability and that of its former executive officers. Although the Company believes the ultimate resolution of these cases will not have a material effect on its consolidated financial position, results of operations or cash flows, it cannot predict what new or revised claims or litigation might be asserted or what information might come to light and can, therefore, give no assurances regarding the ultimate outcome of asbestos related litigation. Huntington Ingalls Industries, Inc. (HII) designs, builds, overhauls and repairs ships for the United States Navy and the United States Coast Guard. The Company is the designer, builder and refueler of nuclear powered aircraft carriers, the builder of amphibious assault and expeditionary warfare ships for the United States Navy and the sole builder of National Security Cutters for the United States Coast Guard. The Company designs and builds nuclear-powered submarines for the United States Navy and builds the Navy's fleet of DDG51 Arleigh Burke-class destroyers. The Company operates its shipbuilding business through Huntington Ingalls Incorporated subsidiary, which is organized into two segments: Ingalls Shipbuilding (Ingalls), which includes non- nuclear ship design, construction, repair and maintenance businesses, and Newport News Shipbuilding (Newport News), which includes the nuclear ship design, construction, overhaul, refueling, and repair and maintenance businesses. ASBESTOS UPDATE: Bus Mechanic Dies of Fibro Cancer -------------------------------------------------- Paul Cheston, writing for London Evening Standard, reported that a widow appealed for former workmates of her late husband to help her win justice after his asbestos-related death. Bob Mannion had been a mechanic in the Tottenham and Hackney bus garages in 1967 to 1969. He died aged 65 in January 2013 from the asbestos cancer mesothelioma convinced he had been exposed to the deadly dust when working on the bus brake shoes and linings at that time. His wife Sue, a legal secretary from Chingford, has now instructed lawyers to sue Transport for London who deny liability. "He had been a very fit and healthy man and he had it all to look forward to after working so hard," said Mrs Mannion. "When he died he had only just got his state pension yet he had never drawn it because he was hospital." Mr Mannion lived in Westbourne Road, Tottenham when he was a trainee mechanic changing the brake linings. She described how he was supplied with a boiler suit but not a mask when blowing the asbestos dust away from the worn brake shoe parts that had to be replaced while others swept up the dust around him. He also had to brush the brake pads with a wire brush, she said. "It was all enclosed in a big workshop and that was the only job he did when he was there," she added. "I'm asking for anyone who worked with him at the time to come forward, particularly mechanics, to provide details of the work, the methods and the conditions. Bob was one of the youngest working there at the time." After two years working on the buses Mr Mannion left and later became an ice cream seller, an insurance salesman and a driving instructor, none of which involved exposure to asbestos, she said. All was well until September 2012 when he suddenly fell ill and short of breath while on holiday in Marbella. After agonizing hospital treatment in Spain and in London he was diagnosed with mesothelioma, which is like a tumour on the lung, on Hallowe'en in October that year and died little more than two months later. A Transport for London spokesperson said: "We were sorry to hear of the death of Mr Mannion. The case has been investigated previously and the evidence obtained suggests that Mr Mannion was not exposed to asbestos dust during his employment with London Transport, a predecessor organization to TfL. "However, we will now undertake a further detailed review of the case and will contact Mrs Mannion's lawyers. ASBESTOS UPDATE: Victim Groups Divided Over Abolition of Board -------------------------------------------------------------- Lucy McNally, writing for ABC News, reported that a decision to dismantle a board that oversees compensation claims for people with asbestos-related diseases in New South Wales has divided victims' groups. Set up in 1927, the Dust Diseases Board met once a month to assess compensation applications from people with asbestos-related diseases. Under changes announced, that organization will become the Dust Diseases Authority, but the State Government insists the staff will stay on and there will be no reduction in benefits. However, the board overseeing the current Dust Diseases Board will be abolished. It comprises of three union members, three employers and a chairperson. Finance Minister Dominic Perrotet said those seven people had been told their appointments would be terminated, but they could apply for jobs on a new advisory committee. "We want to retain the current expertise of the board and we encourage those members who have the expertise from the board to apply," he said. "But we'd also like to get input from victims' groups and victims to advise the government on dust diseases." The changes will also see the establishment of a new body -- the Care and Insurance Board. The Minister said the new organization would process claims faster. "Under the current arrangements the compensation applications can only be processed on a monthly basis," Mr Perrotet said. "But under the changes that we're bringing in, they'll be assessed on a more timely basis -- every day." 'We're deeply, deeply suspicious' Asbestos Diseases Foundation president Barry Robson said he was sceptical about the new model. "We're deeply, deeply suspicious," he said. "Why change something that has been working for nearly four decades? "There's never been a hint of scandal, there's never been a hint of someone rorting the system, nothing." Mr Robson said he would welcome any change that led to victims and their families receiving payments quickly, but said the Government had been light on detail. "If they can process claims faster that's a plus, but we don't know all the other stuff," he said. "My underlying concern is that services to victims will dissipate or the amount of compensation could shrink. "Or the services that the board now supplies to victims, such as having a contractor coming over to mow the lawn or installing a shower in their house or putting an oxygen generator in their home, we're worried that they could disappear." Asbestos awareness group welcomes invitation to victims' groups But the Bernie Banton Foundation, an asbestos awareness and advocacy group, applauded the move. "Any reform by the NSW Government of the Dust Diseases Board that guarantees the maintaining of current levels of benefits and services, along with streamlining the application process, can only be seen as positive," the foundation said in a statement. "We are encouraged that the Baird Government is aiming to reduce approval time of applications." The statement went on to congratulate the Government for inviting victims' groups to be represented on the new advisory committee. "The fact the proposed advisory committee will for the first time give victims' support organizations a direct input on how victims are helped, will be of significant benefit to sufferers," it said. Opposition Leader Luke Foley Labor called on the Government to reverse the decision. "I heard the Minister talking about his desire for a scheme that looks after its customers," he said. "I'd say to the Minister -- these people aren't customers, they're victims, have a bit of compassion." Mr Foley said he could not understand the decision. "There's no public policy rationale for this decision, perhaps it's an ideological agenda from a Minister trying to make a name for himself," he said. Dust Diseases Board handles families with care: widow Maree Stokes lost her husband to asbestos-related disease in 2003. "He was probably only 19 when he was an apprentice panel beater," she said. "They used to put the asbestos in their hands and make a paste and they'd put it up underneath the dashboard and then they'd weld and he'd go home with it all over his head, and hands and hair." Now vice president of the Asbestos Diseases Foundation, Mrs Stokes said the Dust Diseases Board continued to handle families with the care they needed. "I think it was in 1997 when we first approached the board, they were just great," she said. "They made sure I was compensated fortnightly with a small amount to help me get through all the times I had ahead of me. "It was only a small organization then, it's just exploded now, because of the amount of people who've been diagnosed." Mrs Stokes agreed that at the moment the processing of claims could take a while. "It depends on when they put the application in because the board only meets once a month," she said. "So if they put the application in quite late then they have to wait a month until the application is approved." ASBESTOS UPDATE: Fibro-Action Disclosure Bill Introduced in House ----------------------------------------------------------------- John L. Kennedy, writing for The Legal Intelligencer, reported that legislation that would require plaintiffs attorneys in asbestos cases to disclose all actions on a client's behalf has been introduced in the state House of Representatives by Rep. Warren Kampf, R-Chester. Kampf said HB 1428, the Fairness in Claims and Transparency Act, would cover any civil actions and any claims made through a bankruptcy trust established to compensate victims of asbestos exposure. "What happens in these cases is that the company in these cases, the defendant, is somewhat down the supply line and because the company is still solvent it is brought in on these claims," Kampf said. "All this bills says is that the defendant should know of any awards from any of the trusts and the nature of the claim." Similar legislation was introduced last session by Rep. Bryan Cutler, R-Lancaster, but never left committee. Larry Cohan, past president of the Philadelphia Trial Lawyers Association, called the bill a "blatant assault on the right of mesothelioma victims." "It gives the asbestos companies credit for bankruptcy payments they never made, and it makes it impossible for any client to get full restitution on a claim," Cohan said. In a bill sponsorship memo, Kampf wrote that asbestos lawsuits date to the 1970s, when companies that mined and milled asbestos, or that incorporated significant percentages of the material in products used in the workplace, were the primary targets of lawsuits. Beginning in the 1980s and substantially accelerating in the last decade, many of those companies have used federal bankruptcy to shield them from suit in exchange for funding standalone trusts. These trusts, formed by asbestos miners, manufacturers and fabricators, make an estimated $30 to $60 billion available to qualifying injured parties through a simplified claim process. A company declaring bankruptcy and using the trust process can never be sued in court. ASBESTOS UPDATE: Ruling Clarifies Federal Removal Trigger --------------------------------------------------------- Zack Needles, writing for New Jersey Law Journal, reported that a federal judge in Camden has refused to kick an asbestos case back to state court, finding that the defendants did not miss the deadline for removal because the complaint failed to provide sufficient information to trigger federal jurisdiction. In Vesper v. 3M Corporation, Chief U.S. District Judge Jerome Simandle of the District of New Jersey said plaintiff George Vesper's assertion in his Aug. 14, 2014, complaint that he was injured when he came in contact with asbestos while working at the New York Ship Building Co. in Camden was not enough to provide adequate notice of a potential federal contractor defense and thus did not trigger the 30-day time limit for removal from New Jersey Superior Court to federal court. Instead, Simandle said, the time limit was not triggered until Feb. 3 of this year, when Vesper stated in a response to interrogatories that he was exposed to asbestos while working aboard four Navy ships containing the defendants' equipment. Thus, defendants CBS Corp., Foster Wheeler Energy Corp. and General Electric timely filed their removal on Feb. 20, Simandle said. Under 28 U.S.C. Section 1446(b), defendants ordinarily have 30 days from receipt of the first pleading to remove a case to federal court. However, Simandle said, if the initial pleading is not removable, Section 1446(b) permits a defendant to remove a case within 30 days of receiving a "'pleading, motion, order, or other paper'" that states a basis for federal jurisdiction. Vesper had argued that the reference in his complaint to working at the New York Ship Building Co. should have tipped off the defendants to the potential for federal jurisdiction because they have been involved in asbestos litigation for decades and "'have knowledge that their products were used at the New York Ship [B]uilding Company throughout the 1950s on Naval ships.'" But Simandle said whether the defendants should have known from past litigation experience that Vesper's claims involved government equipment or products was irrelevant to the question of when the 30-day removal time limit was triggered. Case law dictates that the proper focus of such an inquiry is what a plaintiff's documents actually say, not what the defendants learn from their receipt, according to Simandle. "In short, the complaint provides no allegation that plaintiff may have been exposed to asbestos-containing products linked to U.S. Navy or U.S. military equipment," Simandle said. "The bare allegations that plaintiff worked at a ship yard at some point do not suggest that the asbestos-containing products plaintiff used were made under federal contract with government specifications, much less that there is a causal nexus between the products made under federal direction and plaintiff's injury." "As the complaint itself contained no allegations to suggest that plaintiff worked on equipment that was commissioned by a United States government entity, plaintiff cannot argue that defendants nevertheless knew that the action was removable," Simandle said. Simandle found particularly instructive the 2005 U.S. District Court for the District of Maine case Snowden v. A.W. Chesterton Co., in which the plaintiff argued that the complaint provided notice of a federal contractor defense through the allegation that her deceased husband was exposed to asbestos-containing products while working at Bath Iron Works. The Maine federal court found that notice was not actually provided until the plaintiff asserted in her answers to interrogatories that her late husband had worked on particular Navy ships with turbines and other components that were manufactured by the defendant, Simandle said. "The supplemental interrogatory response [in Snowden] was the first 'paper' from which it could be ascertained that the case was removable, and removal, which came 28 days after receipt of the interrogatory responses, was timely under 28 U.S.C. Section 1446," Simandle said. "Likewise, in [Vesper], the court holds that the complaint provided insufficient notice of a federal contractor defense, and the 30-day time limit for removal was not triggered until defendants received plaintiff's interrogatory answers on Feb. 3, 2015." Vesper's attorney, Freehold solo Michael Noonan, did not respond to a request for comment on the ruling. Counsel for the plaintiffs, Christopher J. Keale of Sedgwick in Newark, also did not respond to a request for comment. ASBESTOS UPDATE: NSW Gov't to Wind Up Board on Fibro Victims ------------------------------------------------------------ ABC News reported that the New South Wales Government will wind up the Dust Diseases Board, which decides asbestos victims' compensation claims. The decision to cut the board was made as part of a restructure to Workers Compensation in NSW. NSW Finance Minister Dominic Perrotet today announced an extra $1 billion for workers compensation which will increase minimum weekly payments for many injured workers and set aside more money for people who need artificial limbs or hearing aids. The announcement reverses some of the cuts former premier Barry O'Farrell made in 2011. Mr Perrotet said the decision to cut the board was part of a restructure, and the Insurance and Care Board would replace it. The State Government said it would not result in benefits to victims compensation being cut, and would reduce claim times and provide better outcomes. But Tim Ayres from the Australian Manufacturing Workers Union describing it as a cynical cost-cutting move. He said the board was an important body that had decided claims independently for many years. "It deals with those claims sensitively. It deals with them carefully. It provides A-grade top quality support to those families, and to abolish it is senseless bureaucratic violence," he said. "I don't understand why the Government would set about doing this." Mr Perrotet said members of the board could apply for new jobs on an advisory committee. ASBESTOS UPDATE: Calif. Court Awards Summary Judgment to Crane Co ----------------------------------------------------------------- HarrisMartin Publishing reported that a California federal court has awarded summary judgment to Crane Co. in an asbestos case, finding the defendant had satisfied its burden of proving that the plaintiffs had insufficient evidence tying the decedent's exposure to its products. In the July 23 order, the U.S. District Court for the Southern District of California further noted that the plaintiffs had chosen not to present evidence contesting the motion, but instead filed a notice of non-opposition. ASBESTOS UPDATE: Fibro Exposure Leads to Court Action ----------------------------------------------------- Kirin Bashir, writing for Madison Record, reported that a St. Clair County woman is suing nearly 30 companies, alleging negligence in employees' exposure to asbestos. Janet Cline, of Washington, Ill., filed multiple lawsuits June 2 in the St. Clair Circuit Court against more than two dozen companies, alleging negligence regarding exposure to asbestos. According to the complaint, Cline's husband was employed at Caterpillar Inc., as a machinist from 1950 through the early 1990s, and on many occasions he would work with asbestos and asbestos-containing products. The suit says Cline has been secondarily exposed to this asbestos in the form of dust, allegedly leading to her developing mesothelioma, which was diagnosed May 21. This disease allegedly could ultimately lead to her death. The lawsuit states the companies could easily have known about their employees' exposure to asbestos and its dangers, alleging they were negligent in securing the safety of employees from this danger as well as warning them about it. Cline has also filed counts including spoliation of evidence, alleging the defendants' possession of certain documents relating to asbestos-containing products and wrongful disposal of these documents. The plaintiff alleges Metropolitan Life Insurance and Pneumo Abex conspired with asbestos-producing companies and withheld information regarding the hazards of asbestos. Cline seeks $50,000 in damages on each count, plus court costs. She is represented by attorneys Ethan Flint, Carson Menges, Jill Price, Luke Pfeifer and Laci Whitley of the Flint Law Firm in Glen Carbon. St. Clair County Circuit Court case number 15-L-363. ASBESTOS UPDATE: Attys Argue Adding More Defendants to Fibro Suit ----------------------------------------------------------------- James Mayse, writing for Messenger-Inquirer, reported that attorneys representing General Electric, Big Rivers Electric Corp. and several other companies being sued by a former Daviess County woman who claims she contracted cancer from asbestos dust on her ex-husband's work clothes argued that other companies might be equally or more responsible for the woman's asbestos exposure and should be added to the already long list of defendants. However, attorneys for Doris White, the woman who is suing the companies, accused the other side of attempting to delay the trial, which is scheduled to begin in February. ASBESTOS UPDATE: EPA Alleges Improper Fibro Removal at Plant ------------------------------------------------------------ Tim Landis, writing for The State Journal-Register, reported that demolition work at the former Pillsbury Mills plant on the northeast side of Springfield has resulted in multiple violations of state and federal laws, including possible release of asbestos into the air, the Illinois Environmental Protection Agency said in a complaint announced. The complaint filed with the Illinois Attorney General's Office against Pillsbury Mills LLC asks that work be halted and the site secured until a cleanup plan using a licensed contractor is approved. Pillsbury Mills LLC also has been the target of city complaints for working without a demolition permit and failure to register the former flour mill on a vacant-building registration list. The company eventually obtained a new permit. Owners of Pillsbury Mills LLC have not been identified during city proceedings, though the company lists an address in Sherman. According to the state EPA, the agency received a complaint Aug. 5 of improper removal of asbestos-containing materials during pre-demolition work. Agency inspectors visited the site at 1525 E. Phillips St. Inspectors reported demolition workers at the plant, and a follow-up inspection found more areas of asbestos. "The Illinois EPA inspections identified numerous violations of state and federal laws," the EPA stated. "Through the referral, Illinois EPA is seeking prompt enforcement action and proper remediation of the site." EPA spokeswoman Kim Biggs said the attorney general's office would have to file for the remediation order in court. Any fines would be determined by the case outcome, said Biggs. Ward 3 Ald. Doris Turner said she has monitored progress at the plant site, which is in her ward. But she said he had not been notified of the state EPA action. "I haven't heard a word," Turner said. "I would have thought if that was going on, we would have been notified." Ann Ridgeway, who has lived across the street from the mill for more than 20 years, said she was pleased the state has stepped in to force proper cleanup of the site. "They were taking some stuff out of the towers the other day," said Ridgeway. "You can see there's still metal and other stuff on the ground." The 18-acre plant site has remained vacant since Cargill Corp. shut down operations in 2001. Pillsbury Mills operated the plant from 1929 to 1991. ASBESTOS UPDATE: Retailers Responded to Fibro in Toys, Dems Say --------------------------------------------------------------- Lydia Wheeler, writing for The Hill, reported that Senate Democrats say four retailers have responded to their calls to remove from store shelves children's products that tested positive for asbestos fibers. The Environmental Working Group (EWG) Action Fund found fibers of asbestos in four brands of crayons that were purchased at Party City and Dollar Tree, and two crime lab kits that were purchased from Toys "R" Us and Buy-Rite. Sens. Edward Markey (D-Mass.) and Dick Durbin (D-Ill.) responded by sending letters asking the retailers to voluntarily stop selling the contaminated products, remove any remaining stock from their store shelves and allow customers to return products that have been purchased. The lawmakers have said all four responded to their request and several took additional steps to retest the products themselves and call on their suppliers to reformulate products without substances that could cause asbestos contamination. The brands of crayons were Amscan Crayons, Disney Mickey Mouse Clubhouse, Nickelodeon Teenage Mutant Ninja Turtle Crayons and Saban's Power Rangers Super Megaforce. The crime lab finger printing kits were the EduScience Deluxe Forensics Lab Kit with black fingerprint powder and Inside Intelligence Secret Spy kit with white fingerprint powder. In its report, EWG Action Fund said the asbestos fibers found in the products most likely came from contaminated talc, which is used as a binding agent in crayons and in the powder used in crime scene fingerprint kits, because asbestos is often found in mines alongside talc deposits. "We commend these four companies for their good corporate citizenship and commitment to protecting children and families from contaminated products," Durbin and Markey said in a joint statement. "In order to ensure toxic products never again reach the hands of America's children, the [Consumer Product Safety Commission] CPSC should ban talc from children's products and issue a rule on asbestos modeled on the existing rules for lead or phthalates in toys." The lawmakers would not publicly disclose the responses from the companies. ASBESTOS UPDATE: Victims' Families Call for Better Screening ------------------------------------------------------------ BBC News reported that families of workers affected by asbestos related cancers have called for better screening for the condition. Illnesses associated with working in the construction industry are thought to kill more than 4,000 people across the UK every year. Experts have warned that 2015 will see a peak in numbers. The Clydeside Action on Asbestos charity said early detection would improve the life expectancy of patients. Lynsey Innes, 40, told BBC Scotland how her father Gordon Roberts died of mesothelioma -- a form of cancer most commonly caused by exposure to asbestos. Difficulty breathing Mr Roberts had spent his working like as a joiner before retiring at the age of 62. He kept fit by swimming. He had difficulty breathing last summer and eventually went to the doctor, where an X-ray examination found mesothelioma. Mr Roberts was told he had only between nine and 12 months to live, and died at Easter of this year. He was 70. Ms Innes said her uncle, who had been a plumber, also died of mesothelioma after discovering pains in his shoulder. She said: "It was just a simple x-ray that picked up my dad's cancer. It doesn't cost a lot of money to give an X-ray to somebody. (Carrying out screening) within a certain generation, over a certain period of time, would be ample to try and catch it at an early stage. "If you catch it at an earlier stage the chemotherapy may shrink the tumour, you may then not get nine to 12 months -- you can get up to five years." Routine X-rays At its annual general meeting on Saturday, Clydeside Action on Asbestos -- the biggest asbestos charity in Scotland -- called for more investment in screening, either through routine X-rays or a simple blood test that would detect illnesses. Phyllis Craig, the charity's chairwoman, said catching the disease at the earlier possible opportunity would allow patients to "start making plans for their life and their families and so forth, but also to receive any form of treatment that may be available." A Scottish government spokesman said it took advice on national screening programs from the National Screening Committee, and screening programs are only introduced after a detailed assessment of clinical and cost effectiveness and public health benefit. He added: "The National Screening Committee has not considered screening for asbestos exposure." He encouraged anyone who has symptoms such as difficulty breathing, shortness of breath, coughing and chest pains and who has a history of working in occupations or industries associated with asbestos exposure to contact their GP. ASBESTOS UPDATE: Woman Finds Fibro Following Husband's Death ------------------------------------------------------------ Reading Chronicle reported that a woman whose husband of 11 years died of mesothelioma was "shocked" to have found sheets of asbestos dumped in a footpath outside her home. Liz Turner came across four large sheets of the deadly substance two weeks ago and immediately called Reading Borough Council to complain. But Ms Turner, whose 50-year-old husband Richard died after being exposed to the substance, said she then received a call from the council who tried to give her a quote to pay for the removal of the sheets. The 69-year-old said: "I was shocked. I picked up the phone thinking 'oh perhaps they're calling to tell me they're sorting it out' but the woman tried quoting me for the work, so I just ended the call. "I really don't want to go anywhere near it, not just because it's dangerous but because it's a reminder of what I went through with my husband." She added: "I think it's dormant but the problem is you just don't know." Mrs Turner, a retired French and Italian teacher said her husband worked for British Gas and died of the illness in 1996. The sheets measure three square foot and have been dumped in a footpath around the back of her house in St Bartholemews Road, east Reading. She said: "I just want it gone, it's so dangerous and should be disposed of properly, not just dumped in a public footpath." A Reading Borough Council spokesman said: "An officer investigated a report of asbestos being dumped on privately owned land near St Bartholemews Road and spoke to the householders accused who denied it had come from them. "The officer also spoke to Mrs Turner and investigations are continuing into this matter." ASBESTOS UPDATE: Fibro Illegally Dumped at Aussie Hospital Site --------------------------------------------------------------- News.com.au reported that potentially millions of tonnes of asbestos lie buried or dumped around Darwin -- a hidden legacy of Cyclone Tracy's devastation that continues to plague the city. The NT News can reveal mounds of asbestos-contaminated soil have been illegally dumped at the Palmerston Regional Hospital site. Work is also under way at the Darwin RAAF Base to remove another mound of dirt containing the potentially deadly substance. International expert on asbestos-related diseases Dr Greg Deleuil grew up in the Territory and was working in Nightcliff as a GP when Tracy hit in 1974. He said the majority of houses in Darwin at the time were built out of fibro asbestos. "I don't know how many million tonnes, but it would have been millions of tonnes to get rid of in the clean-up," Dr Deleuil said. "I imagine that after the cyclone there was all of this destroyed material they had to dump and just had to take a punt where Darwin wouldn't reach and, of course, the expanded Darwin could now be reaching these dumps. "They've got a hell of a job on their hands." Dr Deleuil's mother died of mesothelioma -- her only contact with asbestos was their home in Parap. Dr Deleuil said he knows of two confirmed cases of mesothelioma in people who were exposed to asbestos during the Cyclone Tracy clean-up. "The clean-up dress of the day was a floppy hat, a pair of shorts, a pair of leather gloves and boots -- no shirt or anything and definitely no space suit- looking gear they wear now to get rid of asbestos," he said. He said the transient nature of the laborers working in the clean- up and the fact they may have come into contact with asbestos in other ways made it hard to measure the full effects of Tracy on asbestos-related diseases. In early 2013, the Northern Territory Government established a special taskforce to help manage the potentially huge asbestos deposits in the Territory. The Inter-Agency Asbestos Management Working Group's core functions are to provide a thorough examination of asbestos- related issues and to co-ordinate the Territory's position in respect of the Australian Government's National Strategic Plan. The Working Group is chaired by the Department of Infrastructure boss David McHugh. The group is not a statutory group and has no decision-making authority -- it is purely an advisory body. Palmerston hospital site The Department of Infrastructure discovered illegally dumped soil stockpiles on the Palmerston Regional Hospital site. Nobody knows how long the piles have been there. Because of the debris found throughout the soil piles, the department engaged the services of HSE (local hygienist) to take samples and report on findings. The tests came back positive to the soil containing asbestos. Department of Infrastructure acting chief executive Brett Brogan said Mcmahons was then brought in to isolate the areas and has been working under controlled conditions screening and removing any contaminated soil. "At this stage, minimal quantities have been found. Works will conclude. . ., at which time a site clearance certificate will be provided to the department," he said. "There is no issue with constructing on the site, as the affected area is outside of the building area and will be a designated clean site on conclusion of the works undertaken by Mcmahons." RAAF base Civil works going on at the Darwin RAAF base include work on telecommunications pits, stormwater drains, land and streetscaping. NT WorkSafe said as part of the works it had received the required notifications for asbestos removal and is monitoring the civil works being undertaken at the base. Soil remediation is being conducted as the top soil at the site contains building debris, including asbestos from Cyclone Tracy. NT WorkSafe director of operations Neil Burgess said the first notification for asbestos removal from the site was received by NT WorkSafe in October last year. "Worksite visits undertaken by inspectors confirmed that appropriate measures are in place as outlined in the asbestos removal notification, including air monitoring and workers wearing full personal protective equipment," Mr Burgess said. ASBESTOS UPDATE: Rio Tinto Loses Court Appeals vs. Fibro Pay ------------------------------------------------------------ James Oaten and Elizabeth Byrne, writing for ABC News, reported that the Australian High Court has thrown out an appeal by mining giant Rio Tinto against an asbestos compensation claim, setting a precedent for the Northern Territory. Zorko Zabic, 74, worked at the Gove alumina refinery in the 1970s cleaning asbestos from pipes, and was diagnosed with mesothelioma after suffering chest pains early last year. In January, the Supreme Court had ruled Mr Zabic developed the malignant mesothelioma as a result of exposure to asbestos dust and negligence by the mine operators, Alcan Gove, which has since been bought by mining giant Rio Tinto. But the court ruled against the claim because the symptoms emerged after the Workers Rehabilitation and Compensation Act, which prevents such compensation claims being made in the courts after 1987. This was overturned by the NT Court of Appeal in March. Our deepest sympathies remain with Mr Zabic and his family. . . we accept the decision of the High Court, and whilst disappointed with the outcome, are grateful that the matter has now been resolved for all involved. "The appellant sustained an injury of the kind defined in the act during and following his inhalation of asbestos fibres," the Court of Appeal ruling said. "That damage inevitably and inexorably led to the onset of malignant mesothelioma." In rejecting Rio Tinto's latest challenge, the High Court has upheld the Court of Appeal decision. High Court sets precedent The arguments submitted to the High Court centred on whether the injuries suffered by Mr Zabic occurred before 1987, when the Workers Rehabilitation and Compensation Act started. Rio Tinto argued the claim for damage should be covered by the statutory workers' compensation scheme, rather than through common law. In submissions, Rio Tinto argued that mesothelioma was not contracted the moment the fibres entered the lungs. "The decision of the NT Court of Appeal was made in error," Rio Tinto's submission said. "As at 1 January 1987 [Mr Zabic] had suffered some cellular changes -- but these were dormant and were likely to remain dormant." "All that had accrued as at January 1, 1987, was a risk that Mr Zabic would contract mesothelioma." Mesothelioma symptoms often emerge many years after asbestos fibres enter the lungs. Irrespective of the High Court result, Rio Tinto was required to pay Mr Zabic $425,000 in compensation. 'Disappointed with the outcome': Rio Tinto In a statement issued shortly after the court's decision, Rio Tinto said "our deepest sympathies remain with Mr Zabic and his family". "We accept the decision of the High Court, and whilst disappointed with the outcome, are grateful that the matter has now been resolved for all involved. We will wait to review the detailed judgement of the High Court to understand the reasoning behind the decision," the statement reads. "Our deepest sympathies remain with Mr Zabic and his family. "This case was not about trying to deny Mr Zabic's ability to access compensation, as he has always been able to seek compensation through the Northern Territory workers compensation scheme. "The reason we pursued this matter was simply to confirm what has been widely understood to be the correct application of the relevant Northern Territory legislation, that claims such as Mr Zabic's should be made under the statutory workers compensation scheme rather than the common law." A 'victory for humanity' Roger Singh from Shine Lawyers, who represented Mr Zabic, said the court decision would have widespread implications in the NT. "Today's decision is a win for workers, a win for their families and a win for humanity," Mr Singh said. "This decision will pave the way for the many asbestos victims in the Northern Territory who have previously been denied justice to come forward and seek redress for themselves and their families," he said. He said workers in the NT injured prior to January 1987 would now be allowed to use common law to get fair and reasonable entitlements and compensation, without having to rely only on the existing workers' compensation scheme. ASBESTOS UPDATE: Toxic Found in Orange High School Auditorium ------------------------------------------------------------- Brenda Cain, writing for Northeast Ohio Media Group, reported that upgrades to the Orange High School auditorium this summer have turned up asbestos in the ceiling. Orange Superintendent Ed Holland told district school board members the discovery, and resulting abatement, has significantly slowed work on the 8,800-square-foot auditorium. The $2.1 million in enhancements to the 40-year-old space were originally expected to be completed by Nov. 1, but asbestos has now stretched the timeline by about six weeks, according to Holland. The auditorium will not be available for use until after Jan. 1. Testing of the space, prior to demolition, did not show asbestos, an insulation which can cause cancer. "We are very fortunate that the material was sealed and was never a danger to any of our students and staff," said Holland. "It was only detected once other layers of the ceiling were removed during the demolition." Holland said the abatement will be complete and the building deemed safe by the Environmental Protection Agency in time for the arrival of students and staff Aug. 19. All work on the space had to stop until a contractor who specialized in asbestos removal could be scheduled. The entire auditorium has been sealed while the asbestos was removed and special air filters cleaned the air inside the auditorium. Although asbestos abatement cost $25,000, Holland said the project remains on budget because the district scrapped plans to install new heating and air conditioning systems on the roof of the auditorium. The workroom was originally planned to be the location for the light and sound boards, but since there would be no access for handicapped students to that location, designers had decided to keep those systems in the auditorium, freeing up the second-floor space for mechanical systems. ASBESTOS UPDATE: Ill. Company Exposed Mexican Workers to Fibro -------------------------------------------------------------- The Associated Press reported that the top federal official for worker safety said that an Illinois businessman's "outrageous behavior" of bringing in Mexican workers to remove asbestos without safety gear warrants fines of nearly $1.8 million. The U.S. Department of Labor's Occupational Safety and Health Administration levied the fines Monday. Investigators found Joseph Kehrer, Kehrer Brothers Construction and a Kehrer-affiliated company, D7 Roofing, exposed at least eight workers to asbestos in violation of federal health standards. "This case stands out because of the outrageous behavior of Joseph Kehrer," said Assistant Secretary of Labor for Occupational Safety and Health David Michaels. Workers were threatened with firing if they spoke to investigators, Michaels said. "They spoke no English. He drove to them to jobs," Michaels said. "He set up a housing camp for them. They were at his mercy." A phone message left for Kehrer seeking comment was not immediately returned. Kehrer had workers removing asbestos-containing materials during renovation of a former school in Okawville, about 45 miles southeast of St. Louis. Many of the workers came to the United States to work for Kehrer under a special visa program that allows companies to hire foreign workers temporarily, according to OSHA. Breathing asbestos fibers can increase the risk of cancer. It's unclear whether the workers will be able to find other work in the United States, Michaels said. "These workers will carry this increased cancer risk for the rest of their lives," he said. ASBESTOS UPDATE: Kentucky Fibro Case Tainted by Suits ----------------------------------------------------- John O'Brien, writing for Legal Newsline, reported that while Garlock Sealing Technologies pursues racketeering claims against four asbestos law firms in federal court, it is hoping a Kentucky appellate court reinstates another of its lawsuits alleging gamesmanship by a plaintiffs firm. Garlock is waiting on the Kentucky Court of Appeals to decide the fate of a lawsuit it filed over the nearly $700,000 asbestos case of Thomas E. Robertson, whose estate was represented by the former Louisville firm Sales, Tillman, Wallbaum, Catlett & Satterley. In 2013, a judge ruled Garlock's complaint came after the statute of limitations had expired and that it had not stated a fraud claim. Garlock's complaint, filed in 2012 in Jefferson County Circuit Court, alleges attorneys waited until they had secured the verdict to begin submitting claims to bankruptcy trusts designed to compensate asbestos victims. The Court of Appeals heard oral arguments in February. "(Delores) Robertson and/or her attorneys knew of the decedent's exposures to asbestos-containing products manufactured by Quigley, Flintkote, Mines and Grace before the jury trial . . . and in such time that Robertson could have seasonabley supplemented her (answers to defendants' interrogatories)," the complaint says. "Robertson and/or her attorneys, however, did not disclose these exposures. "Robertson's failure to disclose the exposure evidence then known to her and/or her attorneys regarding the decedent's exposures to asbestos-containing products . . . constituted knowing concealment." Garlock's past efforts to show asbestos plaintiffs attorneys regularly withheld their clients' trust claims -- thereby placing more blame on Garlock in civil lawsuits -- resulted in a landmark 2014 ruling by bankruptcy judge George Hodges. Hodges ruled that past settlements and verdicts would not be indicators of Garlock's future liabilities because of the actions of plaintiffs attorneys. So Judge Hodges ruled in January 2014 that Garlock, which is going through the bankruptcy process, should put $125 million in its trust -- more than $1 billion less than plaintiffs attorneys had requested. A settlement of $368 million has since been proposed. Garlock was allowed full discovery into 17 cases to make its case. Days before Judge Hodges' ruling, Garlock filed racketeering cases against the firms that handled those cases. "It appears certain that more extensive discovery would show more extensive abuse," Hodges wrote. "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." Garlock is attempting to prove the same type of activity occurred in the Kentucky case, but the defendants say the company is minimizing key facts about the case. In the complaint, Garlock claims Delores Robertson, the executrix of Thomas Robertson's estate, did not identify any asbestos- insulation or asbestos-product manufacturer except for Garlock. Robertson also replied that her counsel "has not submitted any claims at this time," in response to a pre-trial interrogatory from a defendant in the case. Five months prior to the start of the trial, though, her attorneys submitted a claim to the Quigley Company trust, the complaint says. Quigley had produced the asbestos-containing product Insulag. Garlock, meanwhile, continued to file third-party complaints against other companies that it argued should be liable for a percentage of the fault for causing Thomas Robertson's illness. The jury was ultimately not allowed to apportion any fault to the bankrupt companies. Garlock was found 25 percent liable, and $400,000 in punitive damages was also assessed against it. "In the months immediately following the Jefferson Circuit Court's entry of judgment, Robertson's attorneys repeatedly swore under penalty of perjury in filings in various bankruptcy proceedings that Thomas E. Robertson had been exposed to asbestos from products manufactured by certain bankrupt entities," the complaint says. "As she had done concerning Quigley Company before the trial, Robertson had failed to identify these bankrupt entities in response in Answers to Interrogatories, answers that had professed a lack of any specific knowledge about the decedent's exposures." Those claims were submitted to the Flintkote Company and Flintkote Mines, as well as W.R. Grace & Co. Attorney Kevin Burke and colleagues at the Poppe Law Firm in Louisville argue in response that none of the bankruptcy ballots were cast before Robertson answered the interrogatories and that her attorneys objected to production of any bankruptcy filings or ballots. "Garlock's petition also fails to mention when Garlock first learned of the bankruptcy ballots -- the last ballot having been cast in 2009 -- or why Garlock waited nearly three years after the last ballot, and over three-and-a-half years after final judgment to file for . . . relief," Robertson's appellate brief says. "Finally, Garlock fails to explain why, in light of the objection posted in interrogatory answers and Garlock's apparent affinity for collecting bankruptcy reorganization ballots, Garlok did not investigate, follow up, or move to compel production of that information before trial. "Ms. Robertson's discovery responses were accurate in 2007 and continue to be today. Ms. Robertson has not fraudulently concealed anything." Jefferson Circuit Judge McKay Chauvin ruled in 2013 that the complaint should have been filed within one year of the judgment. He also said that even if the allegations were true, Garlock was never denied a full and fair opportunity to investigate Robertson's claims. "As such, the conduct complained of, even if 'fraudulent,' neither affected the proceedings nor subverted the integrity of the judicial process," he wrote. ASBESTOS UPDATE: Fibro Verdict Reversed on Appeal ------------------------------------------------- Edith Brady-Lunny, writing for Pantagraph.com, reported that a $1.3 million verdict awarded in January 2014 to a Heyworth man in an asbestos-related lawsuit has been reversed by the 4th District Appellate Court in Springfield. James Smith filed the lawsuit in 2005 against his former employer, the Illinois Central Railroad, now known as Canadian National Railway, and several other firms that manufactured asbestos. Settlements with the other companies left the railroad as the only defendant at a McLean County trial. Smith has since died of asbestosis, according to his lawyer, James Wylder. The appellate court reversed the jury's decision in favor of Smith, who alleged that he was exposed to dangerous substances while working in the Bloomington rail yard. In its appeal, the railroad argued that McLean County Judge Rebecca Foley erred when she barred the jury from hearing about Smith's previous work at the nearby Union Asbestos & Rubber Co. facility for three months in 1954. Wylder said an appeal of the ruling will be sought with the Illinois Supreme Court. "We will petition the Supreme Court because we believe the decision is inconsistent with prior Supreme Court rulings" in other asbestos-related cases," said Wylder, whose firm won a $3.3 million award for a client in another McLean County asbestos case in February. A lawyer for the railroad was not available for comment on the reversal. At Smith's trial, one of his doctors testified that when released, the toxic material becomes a "neighborhood disease" that endangers those in the surrounding area and others who may come in contact with them or their clothing afterward. Smith testified that he worked for the railroad for three years in the mid-1950s. Smith told the jury that "he was afraid he was going to get cancer. He stated he thought about it every day," according to the appellate opinion. In his ruling, the appellate court said the railroad should have been able to tell the jury about Smith's work at UNARCO. Without that information, the jury "clearly found plaintiff had an asbestos-related disease, which it could only blame on defendant because it heard no other evidence with regard to asbestos exposure," said the ruling. The ruling also noted that evidence presented at Smith's trial supported the opinion that the deceased worker and others were not provided a safe working environment. A new trial date has not been set in the case. ASBESTOS UPDATE: Construction Cos. Face Nearly $2-Mil. Fine ----------------------------------------------------------- Alejandra Cancino, writing for Chicago Tribune, reported that two construction companies in southern Illinois face fines totaling $1.9 million after they were accused of exposing workers to cancer-causing asbestos, according to the Department of Labor's Occupational Safety and Health Administration. "The law is that all workers in the United States have a right to a safe workplace," David Michaels, assistant secretary of labor for occupational safety and health, said in a phone interview. "The size of the fine is a statement about the gravity of the situation. These workers will carry the increased risk of cancer for the rest of their lives." Michaels said OSHA rarely imposes such large fines and it is considering filing criminal charges against the company with the Justice Department. By comparison, last year, six companies accused of exposing workers to asbestos, lead and electrical hazards while renovating a school cafeteria in Evanston faced a combined fine of more than $132,000. Separately, a company accused last year of failing to collect and dispose of asbestos-containing material from a Chicago historical firehouse faced a fine of $46,000. The fines against downstate companies Kehrer Brothers Construction and D7 Roofing stem from an OSHA investigation earlier this year at a school in Okawville, near St. Louis. Investigators found that the companies violated labor law when they directed several workers to remove materials that contained asbestos. The workers were not provided training on hazardous materials or given basic safety equipment like helmets, OSHA said. Furthermore, the companies did not comply with rules to remove asbestos, exposing workers to high concentrations of the minerals, OSHA added. OSHA said many of the workers were immigrants with H-2B visas, which allow companies to temporarily hire foreign workers. Asbestos exposure occurs when workers cut and sand building materials with asbestos, releasing fibers that can be inhaled. Asbestos can cause lung disease and mesothelioma, a cancer of the lining of the lung or stomach that is nearly always fatal, OSHA said. Kehrer Brothers, based in Albers, faces a fine of about $1.8 million for 40 violations. The company, which has been fined in previous years, was placed in OSHA's severe violator enforcement program, which includes follow-up inspections. New Baden-based D7 Roofing was fined $147,000 for three violations. Kehrer Brothers and D7 didn't respond to calls for comment. The companies have 15 business days from receipt of the citation to pay the fine, request an informal conference with OSHA's area director or contest the citation. ASBESTOS UPDATE: Millbury Facility Fined for Fibro Violations ------------------------------------------------------------- Paul Ploumis, writing for Shanghai Metals Market, reported that Millbury-based Central Mass Recycled Metals, LLC, has been fined by the Massachusetts Department of Environment Protection (DEP) for violating asbestos and mercury management regulations. The authority has imposed a fine of $36,775 on the company. According to press release, the action by the DEP follows inspection conducted at the company's 14-21 McCracken Road facility by MassDEP's asbestos program and Environmental Strike Force during August and October in 2013. The August 2013 inspection had spotted asbestos violations at the site. The agency officials had found asbestos-containing insulation lying exposed in outdoors and on pieces of scrap metal and dismantled boilers. The October inspection revealed that the company had failed to adhere to state mercury management laws by not removing mercury-added components before crushing of vehicles. Consequent to the inspection findings, the company had hired an asbestos contractor approved by the state authorities to collect and safely dispose of the materials containing asbestos. It also had to stop crushing vehicles without removing mercury-added components. A Massachussets DEP press release reminded scrap metal facilities to ensure that the materials they receive are clean and free of asbestos. It also noted that failure to remove mercury-added components before crushing may cause serious threat to human life and environment. The DEP further stated that scrap facilities will be subject to thorough inspection by authorities. Failure to comply with regulations may invite huge penalties and corrective measures. ASBESTOS UPDATE: Study Quantifies Mesothelioma Risk After Closure ----------------------------------------------------------------- Surviving Mesothelioma reported that Italian scientists studying the link between asbestos and mesothelioma have found a continuing risk to former workers, their families, and even residents in the region of a closed asbestos cement plant. The research conducted by doctors at several Italian universities, focused on mesothelioma patients in the Casale Monferrrato region of Northwest Italy. It included 200 mesothelioma patients and 348 healthy controls. "Risk of PMM [pleural mesothelioma] increased with cumulative asbestos exposure and also in analyses limited to subjects non- occupationally exposed," states study author Daniela Ferrante of the University Piemonte Orientale in Novara. In other words, even people who never worked in the Eternit asbestos-cement plant, which was closed in 1986, still carry a higher lifetime risk for mesothelioma than people outside the region. "This study is just further evidence that the danger of asbestos extends far beyond on-the-job exposure," says Alex Strauss. "It should serve as a warning to anyone who lives where an asbestos industry was once located." Get the details of the new Italian study at Mesothelioma-Causing Power of Asbestos Lingers Long After Contaminating Industry Leaves, now available on the Surviving Mesothelioma website. Ferrante, D, "Pleural mesothelioma and occupational and non- occupational asbestos exposure: a case-control study with quantitative risk assessment," August 11, 2015, Occupational and Environmental Medicine, Epub ahead of print, http://is.gd/9Blh0b For nearly ten years, Surviving Mesothelioma has brought readers the most important and ground-breaking news on the causes, diagnosis and treatment of mesothelioma. All Surviving Mesothelioma news is gathered and reported directly from the peer- reviewed medical literature. Written for patients and their loved ones, Surviving Mesothelioma news helps families make more informed decisions. ASBESTOS UPDATE: Gardai Warning Over Fibro Risk in Cigarettes ------------------------------------------------------------- Elaine Keogh, writing for Herald, reported that illegal cigarettes seized at an open-air market could contain hazardous materials including asbestos, gardai have warned. The cigarettes were being sold at the Saturday morning market at Bolton Square in Drogheda, Co Louth. In a haul of 20,000 illegal cigarettes were a large quantity of packets marked 'Jin Ling'. Garda Inspector Alan McGovern said they were concerned about the contents of the illegal cigarettes that were seized. "I can confirm we have seized a large quantity of counterfeit CDs, DVDs and cigarettes at the Drogheda market and we are particularly concerned about the cigarettes marked Jin Ling," Inspector McGovern said. Bargain "We are very concerned about members of the public purchasing these items believing they are getting a bargain and we suspect they (Jin Ling) contain hazardous materials." Inspector McGovern said that in Britain packets marked Jin Ling were analysed and found to contain asbestos. "While we are in the process of getting these cigarettes analysed it is suspected they could contain hazardous material. "It has been previously reported in the UK that these illegal cigarettes contained asbestos," Inspector McGovern said. The same operation also recovered 5,000 CDs and DVDs, including bootleg copies of Ed Sheeran's Multiply album. In relation to the cigarettes, which also included Richman and L&M, they represent a potential loss to the exchequer of EUR8,000. The gardai thanked the public for tipping them off about their concerns, which was one of the factors that led to the raid on the market. Concerns "This operation was partly due to concerns by members of the public and we thank them for that. "We would appeal to the public to contact us at any time if they are aware of the selling of cigarettes or of any counterfeit DVDs or CDs at any open-air market," the Inspector added. The seizure was welcomed by Retailers Against Smuggling, whose spokesman Benny Gilsenan said he was not surprised at the prospect of asbestos in the cigarettes. "The levels of carcinogens in the illegal cigarettes is 20pc to 25pc higher than in those produced in legitimate premises," he said. ASBESTOS UPDATE: Research Shows Cancer Cases Have Not Declined -------------------------------------------------------------- Andrea K. McDaniels, writing for The Baltimore Sun, reported that while the use of asbestos peaked about 40 years ago, the number of cases of the rare but deadly cancer it causes has not declined. Every year, doctors diagnose about 3,000 new cases of mesothelioma after patients come in with a cough, fever, fatigue, excessive sweating and pain in the chest. In most cases the disease already has advanced so far that patients will die in a matter of months. Treatment is primarily palliative -- meant to ease the suffering - - but that may be changing. Doctors see hope as interest in the disease has grown. There are at least 20 clinical trials underway, and the FDA recently gave a special designation to a new drug created by AstraZeneca's Rockville, Md., subsidiary MedIummune. "For the first time we have more companies than ever interested in this orphan disease," said Mary Hesdorffer, a nurse practitioner who is executive director of The Meso Foundation, which says it is the only nonprofit organization dedicated to ending mesothelioma and the suffering from it. If any of the new drugs prove promising, it could extend the life of those who live with the disease. "Really, treatment since the early 2000s has not changed for mesothelioma," said Dr. Julie Renee Brahmer, an associate professor of oncology and interim director at the Johns Hopkins Kimmel Cancer Center at Bayview, who is participating in some of the clinical trials. "Mesothelioma is such a slow-growing disease that it is insidious, and we need to find better ways to treat people." The average mesothelioma patient will live only 7 to 17 months after diagnosis, doctors said. Only about 9 percent of patients diagnosed from 1975 to 2008 survived at least five years. As a result most of the attention on mesothelioma has been on litigation rather than developing treatments. If the disease can't be cured, the thinking goes, someone ought to pay. Attorneys around the country, including Baltimore's Peter T. Angelos, sued the companies who exposed workers and others to asbestos, the fire-resistant and insulating material that is mesothelioma's primary cause. They've won large settlements for the victims and huge profits for themselves. Today laws and regulations limit the use of asbestos, though it's still found in some products such as roofing and brake pads. An entire industry has sprung up around removing asbestos from homes and buildings, where it was used to insulate walls and pipes. There is only one drug combination treatment for the disease approved by the FDA. The chemotherapy drug pemetrexed works by blocking the action of a certain substance in the body that may help cancer cells multiply. It is combined with another chemotherapy drug called cisplatin, which can kill cancer cells, but doctors said more effective treatments are needed. AstraZeneca announced in April that it received FDA orphan drug designation for its drug tremelimumab to treat mesothelioma. Intended to encourage the development of drugs that might not prove too profitable, the designation is given to drugs used to treat rare diseases and gives their makers extended exclusivity to sell the drugs and tax credits for developing them. Tremelimumab is part of the broad pipeline of immuno-oncology treatments under development by AstraZeneca and its biologics research and development arm, MedImmune, which are designed to harness the body's own immune system to fight cancer. It also is being tested in combination with another drug to treat head, neck and non-small cell lung cancers. In addition to researching this immunotherapy treatment, studies are looking at gene therapy, which attempts to add new genes to mesothelioma cells to make them easier to kill, according to the American Cancer Society. Researchers also are studying the use of specially designed viruses that could infect and kill the cancer cells directly, or cause the immune system to attack the cancer cells. Many of these treatments are still in the early phases of clinical trials. Hopkins' Brahmer is involved in a trial testing a vaccine that attacks a protein on mesothelial cancer cells. She is also part of a study that targets cancer stem cells. The rate of mesothelioma first began increasing significantly in the 1970s. Those in the medical community differ on when and if they think the disease has peaked. Some say it hit its high in the 1990s, while others said it may yet peak down the road. "Because it is so rare the interest is not quite as great, but it does impact those people who have been exposed, as well as their families," Brahmer said. Doctors sometimes confuse the symptoms of mesothelioma with other illnesses, such as asthma or pulmonary disorder. A correct diagnosis may not come until the disease is in the most advanced stages. Jen Blair, a 43-year-old substitute teacher, said it took months for doctors to figure out what was causing severe pain in her abdomen in 2007. They blamed it on gynecological issues, and a family member even accused her of being a hypochondriac and suffering from postpartum depression. Finally, a CT scan determined the truth. Blair's disease was caught early enough that it was removed with surgery. But it reappeared and she had to have a second surgery this past March. She worries about its return. "I don't know what my new normal feels like," she said. "The first time it took me like two years before I wasn't skittish anymore." In once predominantly blue-collar Baltimore, many cases of asbestos have been connected to jobs in shipbuilding, insulation, pipe fitting, auto mechanics and other professions. Microscopic asbestos fibers easily become airborne and can be inhaled, lodging in the lungs and slowly damaging them. Most people with the disease show symptoms many years after being exposed, well after companies have shut down or cleaned up asbestos. "It doesn't happen a year out and it doesn't happen 10 years out," said Albert Polito, medical director at the Lung Center at Mercy Medical Center. "It's like 30 to 40 years out in most cases." Others may not know they have been exposed to asbestos until doctors, and sometimes lawyers, start asking their medical history. They may have been exposed at a school or an old apartment building. Blair isn't sure where she was exposed. She has been a teacher all her life and never worked in manufacturing. The wives of manufacturing workers exposed to asbestos also have been known to get the disease, perhaps from cleaning clothes covered in the microscopic fibers. Some research also has found that people exposed to high doses of radiation to the chest or abdomen as treatment for another cancer have developed mesothelioma. The disease is different from most cancers in that it doesn't appear as raised tumors. The tumors are more flat along the lining of the lungs, making them hard to remove once they have spread. Doctors said it's difficult if not impossible to remove all traces surgically. "You are almost certainly going to succumb to the cancer at some point," said Dr. Joseph Friedberg, a mesothelioma expert who is the Charles Reid Edwards professor of surgery at the University of Maryland School of Medicine. "The goal is to try to buy you more time." Friedberg, also head of thoracic surgery at University of Maryland Medical Center and thoracic surgeon-in-chief for the University of Maryland Medical System, recently came from the University of Pennsylvania, where he pioneered a lung-sparing surgical technique for mesothelioma and, along with fellow researchers, published some of the best results that have been reported for the deadly cancer. Part of the treatment technique they employed involved the use of photodynamic therapy, a light-based cancer treatment that potentially stimulates the immune system against the cancer and is under further investigation. He hopes to do even more advanced research at the University of Maryland, where he has created a mesothelioma program. "We're not where we need to be, not even close," Friedberg said. "But there is progress being made all around." ASBESTOS UPDATE: Thika Residents Exposed to Dumped Fibro -------------------------------------------------------- Oliver Musembi, writing for All Africa, reported that concerns have been raised over a large consignment of asbestos waste dumped near residential estates in Thika by a contractor. Kiambu County officials said the broken asbestos sheets were brought in 20 trucks from Nairobi and dumped within the Kang'oki garbage dumpsite. Asbestos fibre which was initially used to make roofing sheets is highly toxic and causes cancer of the lungs and stomach. It has since been classified as a hazardous substance and banned. Speaking at the site, County Executive Member for Water and Environment Esther Njuguna termed the dumping as "criminal and unscrupulous" adding that the dumping was done without informing the county administration. CRIMINAL ACT "This is a criminal act since the guidelines for disposing asbestos waste were not followed. "Dumping in in the open exposes thousands of residents to grave health risks," she said. The official also said she was surprised to learn that an officer from the National Environment Management Authority supervised the dumping which was done at various spots within the dumpsite. Ms Njuguna who was accompanied by the Kiambu County Director of Environment Andrew Kimani said they were pursuing the contractor who reportedly ferried the waste from a market under rehabilitation in Nairobi. Incidentally the only registered dumping site for asbestos waste in the country is in Gatuanyaga, a short distance from the Kang'oki dumpsite. A number of villagers who eke out a living by scavenging for valuables from the dumpsite were spotted carting away some of the asbestos sheets unaware of the danger they exposed themselves to. The dumpsite neighbors Makongeni, Kiganjo and Kisii estates whose residents are now exposed to cancer risks. ASBESTOS UPDATE: Group Targets Ambler's Fibro History, Legacy ------------------------------------------------------------- James Boyle, writing for The Intelligencer, reported that on Christmas 2002, Joe Amento was a healthy husband and father enjoying life playing games with his family and coaching baseball and basketball. Six months later, Amento died, his body ravaged by the effects of mesothelioma caused by exposure to asbestos. "He did not work in a factory or on construction," said Marilyn Amento, Joe's widow. "But his father worked in the Ambler asbestos pipe factory, and he would visit his dad as a kid and breathe in all the dust. That's all it took." ASBESTOS UPDATE: Judge Rules Out More Defendants in Fibro Suit -------------------------------------------------------------- James Mayse, writing for Messenger-Inquirer, reported that additional defendants won't be added to a lawsuit working its way toward trial in Daviess Circuit Court that was filed by a former Owensboro resident who claims she contracted cancer from exposure to asbestos dust. Doris White, who now lives in Louisville, claims in her lawsuit asbestos dust brought home on her husband's work clothes while they were married led to her 2014 diagnosis of mesothelioma, which is a form of cancer associated with people who have worked around asbestos. ASBESTOS UPDATE: Fibro Kills Derby Concert Orchestra Founder ------------------------------------------------------------ Martin Naylor, writing for Derby Telegraph, reported that a founder member of the Derby Concert Orchestra, who played with the group for six decades, died after being exposed to asbestos. Accomplished musician Roy Harrison also performed in front of the Queen at a garden party at Buckingham Palace while he was in the Army on his National Service. After working in the railway industry in Derby until he was in his 50s, he then changed careers and taught music at Abbotsholme Boarding School, in Rocester, while still performing with the Derby Concert Orchestra. He was diagnosed with the industrial disease pulmonary fibrosis -- scarring of the lungs caused by exposure to asbestos -- six years ago and died at London Road Community Hospital on June 2, aged 82. During his inquest at Derby and South Derbyshire Coroners' Court, his widow, Joan Harrison, said: "He had a full and happy life and we were married very happily for 58 years. "Roy was a very well respected and accomplished musician who was one of the founder members of the Derby Concert Orchestra more than 60 years ago. "He was an outstanding orchestral player and was even able to play for three years with pulmonary fibrosis, which he put down to his ability as a musician to breathe using his diaphragm. "He only slowed down his playing when his condition meant that he could not sustain the long notes needed to play a symphony." Mr Harrison, of Dovedale Rise, Allestree, began working at the Locomotive Works, in Derby, when he left school in 1949. As an apprentice, he spent time in the workshops, working as a fitter and a millwright. It was during this time that he was first exposed to asbestos. Mr Harrison completed his apprenticeship in 1954 and was called up for National Service, which saw him join the 8th King's Irish Hussars and play in the band which entertained the Queen at a garden party. After completing his National Service, he returned to work in the railway industry until he was made redundant in 1988. He then started teaching the flute at Abbotsholme. He also started playing with the Burton Concert Band and, right up to his death, was still helping teach the Champagne Flutes -- a group of 12 female musicians in Burton. A post-mortem examination revealed he died from pulmonary fibrosis. Assistant Deputy Coroner Paul McCandless reached a conclusion that Mr Harrison died of an industrial disease. He told Mrs Harrison: "I am a great music lover and it has been a great honour to have done your husband's inquest and to be able to talk to you about his active and accomplished musical life." ASBESTOS UPDATE: Jury Awards Oxford Family for Fibro Death ---------------------------------------------------------- Daniel Tepfer, writing for Connecticut Post, reported that a jury awarded more than $800,000 to the family of an Oxford man who they claimed died as a result of asbestos exposure while working at Sikorsky Aircraft. The six-member jury deliberated about four hours over two days before finding Wyeth Holding Corp., the successor to American Cyanamid which made asbestos-containing foam products, negligently caused the death in May 2012 of Wayne Bagley. The jury awarded the family a total of $804,770. Bagley, the 55-year-old father of two children, had worked at Sikorsky since 1979 first as an engineer and later as a business manager. During the month-long trial before Superior Court Judge Dale Radcliffe, the Bagley's lawyer, Christopher Meisenkothen, presented evidence that Bagley died of asbestos-related Mesothelioma as a result of inhaling asbestos fibers while working as an engineer at Sikorsky Aircraft. The lawsuit claims that American Cyanamid and its successor were aware of the health dangers of working with asbestos materials but did not warn workers. A former co-worker of Bagley testified at trial that as part of their employment as engineers he and Bagley were required to be present when helicopter blades, composed at the time of asbestos material, were sanded. ASBESTOS UPDATE: Darwin School Closed Following Fibro Find ---------------------------------------------------------- Xavier La Canna, writing for ABC News, reported that Darwin's Dripstone Middle School has been closed after suspected asbestos was found at the site. The material was discovered by workers replacing ceiling tiles during the night, and the Northern Territory's Department of Education was later alerted. "I was notified of it, of the potential, at around two o'clock this morning," said Marion Guppy, the acting chief executive of school education at the Department. Ms Guppy told 105.7 ABC Darwin that at 7 a.m. people at a hastily convened meeting decided to close the school for the day. "It was determined that the appropriate course of action was for us to close the school for the day to ensure that we are able to undertake necessary testing and have time for results to be known," Ms Guppy said. President of the NT branch of the Australian Education Union Jarvis Ryan praised the way the Department had acted following the discovery. "It is certainly a source of inconvenience for the students and the parents, but nobody wants to put our staff or our students in an environment where they could be exposed to a potentially lethal substance," Mr Ryan said. "That substance is potentially airborne in the building and so there needs to be tests done to ensure that the air is safe before anyone is allowed to enter that environment," he said. Lois Modoh was alerted to events when she tried to drop her child off at school. "It is not safe obviously for the kids to go in being that they are not sure what is going on, so we would prefer obviously for the school to be shut," Ms Modoh said. "I guess they did the best they could with what notice they had." An update line for staff and parents has been set up and those people needing information can call 08 8901 1371. ASBESTOS UPDATE: ADAO Calls for Probe by US GAO ----------------------------------------------- The Asbestos Disease Awareness Organization, the largest independent non-profit organization in the U.S. which combines education, advocacy, and community to prevent exposure and protect asbestos victims' civil rights; released laboratory results confirming that a debris sample collected outside a former asbestos superfund site fence line in Ambler, PA (Montgomery County) tested positive for 60 percent chrysotile asbestos. It's been nearly 22 years since the Environmental Protection Agency (EPA) approved the Ambler Asbestos Piles Site final cleanup, yet toxic debris remains a public health threat. "I want our federal, state, and local governments to work together to make Ambler safe forever. There are crumbling, abandoned Keasbey and Mattison buildings along North Maple Street, directly across the street from the BoRit site. Why has nothing been done with them? It's so frustrating." Exposure to asbestos may cause mesothelioma, lung, gastrointestinal, laryngeal, and ovarian cancers in addition to non-malignant lung and pleural disorders. The World Health Organization (WHO), International Labor Organization (ILO), and the Environmental Protection Agency (EPA) agree there is no safe level of asbestos exposure. Under the Superfund program, created by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the EPA is "authorized to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment." Based on new findings of asbestos contamination, ADAO called on Congress to request the US Government Accountability Office (GAO) to investigate the Ambler Asbestos Piles and the BoRit Asbestos Superfund sites to evaluate the past and present impact asbestos contamination in the air, water, and soil had and continues to have on the public health and the environment. In addition to the GAO investigation, ADAO is calling for federal agencies to establish a medical monitoring and surveillance program and clinic in Ambler and sample the homes (exterior and interior) that are near the superfund sites, for asbestos contamination. "Ambler, Pennsylvania is just one of many American communities still haunted by the most horrific and long-running public health crisis in history -- asbestos waste contamination," said ADAO President, Linda Reinstein. "Recent laboratory tests indicate that, for the residents of Ambler, there is no end in sight. As a result of the Keasbey and Mattison Company's extensive manufacturing, processing, and distribution from 1897 to 1962, Ambler became known at the 'Asbestos Capital of World.' The deadly legacy continues, as each year, 12,000 -- 15,000 Americans are killed by asbestos. Shockingly, government records show Pennsylvania ranks second in the nation with the most deaths caused from mesothelioma and asbestosis. Montgomery County, PA ranks number 13 out of 518 counties in the nation with the most mesothelioma and asbestosis deaths from 2000 -- 2009." Ambler resident, Marilyn Amento, lost her husband, Joe, to asbestos-caused mesothelioma after he was exposed in the 1960s to asbestos fibers in the Borough. "He lost his life at age 53. Our kids were 8 and 10 when he died. I don't want anyone else to suffer and die as my husband did," said Amento. "I want our federal, state, and local governments to work together to make Ambler safe forever. There are crumbling, abandoned Keasbey and Mattison buildings along North Maple Street, directly across the street from the BoRit site. Why has nothing been done with them? It's so frustrating." U.S. Surgeon General Dr. Vivek H. Murthy said, "Because of its use in so many products, asbestos is still of special concern for anyone who works in construction. The danger comes from inhaling the tiny fibers or dust released into the air once asbestos has been disturbed or damaged." "Asbestos remains legal and lethal today, and imports continue. Congress must pass legislation that ensures the EPA can once and for all ban asbestos in the United States," said Reinstein. "ADAO applauds the citizens of the Amber Borough for their tireless efforts that have led to the listing of the Ambler Asbestos Piles and BoRit areas as superfund sites;" said Reinstein. "Leading by example, the Ambler community has taught the nation that dedication, diligence, and community activism fuels change." About Asbestos Disease Awareness Organization Asbestos Disease Awareness Organization (ADAO) was founded by asbestos victims and their families in 2004. ADAO seeks to give asbestos victims and concerned citizens a united voice to raise public awareness about the dangers of asbestos exposure. ADAO is an independent nonprofit organization dedicated to preventing asbestos-related diseases through education, advocacy and community. For more information, visit www.asbestosdiseaseawareness.org. Contacts Asbestos Disease Awareness Organization (ADAO) Kim Cecchini Media Relations 202-391-5205 Kim@asbestosdiseaseawareness.org ASBESTOS UPDATE: New Threats Affect Vets, Workers, Children ----------------------------------------------------------- Alex Formuzis, writing for Huffington Post, reported that in July alone, asbestos contamination has plagued a veterans' medical center in Denver, construction workers rehabbing a school in southern Illinois as well as an elementary school in the state, and potentially, a popular river and drinking water source in Colorado. Two Illinois construction companies, Kehrer Brothers Construction and D7 Roofing, face nearly $2 million in fines after inspectors with the federal Occupational Safety and Healthy Administration found that they had directed workers to remove asbestos and asbestos-laced materials from a school in Okawville, Ill., without the required training or equipment. The agency said the companies "failed to warn employees, some of whom spoke only Spanish, of the danger -- even though they were aware of the asbestos hazard. They also failed to ensure that workers used appropriate work methods and respirators, and to train them about the hazards of working around asbestos," according to an Aug. 11 news release. A number of the exposed workers "came to the U.S. to work for Kehrer under the H-2B visa program that allows companies to hire foreign workers temporarily. The investigation also found the Kehrer management threatened some workers with termination if they spoke with OSHA inspectors," the agency noted in its release. Elsewhere in Illinois, Centralia's Schiller Elementary School was forced to close just days before classes were due to start after workers discovered mold growing on asbestos-containing insulation. Teachers had to pack up and move to a church across town, where the 200 students will attend classes until a cleanup is complete. The closing came just days after a Washington Post report spotlighting the continued threat that asbestos poses to students, teachers and others at many of the nation's schools. Military veterans are no strangers to the dangers of asbestos, accounting for roughly 30 percent of all victims of mesothelioma, an incurable cancer caused by exposure to the mineral. Asbestos was once widely used by all branches of the military, most notably as a component in Navy ships built over decades. So it's particularly ironic that far from the ships, tanks and other vehicles that exposed millions of military men and women to the lethal fibers, federal worker safety inspectors found asbestos in a stairwell and overhead spaces at the Denver Veterans Affairs Medical Center. In addition to these confirmed exposure threats, what could be a much more widespread case developed when a routine Environmental Protection Agency inspection of an abandoned mine near Riverton, Colo. turned into an environmental and public health disaster. The federal workers inadvertently released 3 million gallons of toxic waste into the once-pristine Animas River, which now runs mustard yellow. The river, a favorite of whitewater rafting and fly fishing enthusiasts and a source of drinking water for Durango and several other communities, now contains extremely high levels of lead, arsenic and other toxic substances. Similar accidents in the past have resulted in asbestos contamination as well, and it could very well turn up in the Animas, according to experts and media reports. These four real-life and recent examples reflect the widespread danger that asbestos poses for virtually every American community, where even the slightest exposures can result in serious, often fatal, health problems later in life. A naturally occurring mineral once heavily mined in western states, asbestos was widely used in a wide variety of products and settings, and it still turns up in many American homes, schools, public buildings and even in some children's toys. Up to 15,000 Americans die each year from asbestos-related diseases, and the toll is not likely to drop any time soon. In an effort to address the problem, a bill pending before Congress -- the Reducing Exposure to Asbestos Database (or READ) Act sponsored by Sen. Richard Durbin (D-Ill.) in the Senate and Rep. Suzan DelBene (D-Wash.) in the House -- would require companies that use asbestos to regularly disclose what products it's in and where they may be located. The information would be turned over to EPA and made available online so people could find out where there may be asbestos-containing items in their local area. ASBESTOS UPDATE: Central Mass Fined $37K for Fibro Violations ------------------------------------------------------------- Jillian Duff, writing for Mesothelioma.com, reported that the Massachusetts Department of Environmental Protection (MassDEP) has fined Central Mass Recycled Metals, LLC $36,775 for violating state asbestos and mercury management laws. The metal recycling business' facility in Millbury was inspected by the MassDEP's asbestos program and Environmental Strike Force in August and October of 2013. MassDEP is in charge of ensuring clean air and water, safe management and disposal of solid and hazardous wastes, timely clean up of sites and spills, and the preservation of wetlands and coastal resources. This regulation is vital when it comes to asbestos, as exposure to the toxin can lead to the deadly cancer mesothelioma. Mesothelioma is a rare and aggressive cancer of the thin membrane in the body known as the mesothelium. There are three types of mesothelioma. Pleural mesothelioma forms in the lining of the lungs and is the most common form of mesothelioma. Peritoneal and pericardial mesothelioma are less common and form in the lining of the abdominal cavity and of the heart. "During the August inspection, agency personnel observed dry, asbestos-containing insulation lying uncontained on the ground outdoors, on pieces of scrap metal and on pieces of dismantled boilers exposed to the ambient air at the site," said a press release. "During the October inspection, agency personnel determined that the company was partially crushing vehicles without first removing mercury-added components, as required by law." Regulations call for any materials contaminated with asbestos to be removed wet and sealed (while still wet) in leak-tight containers with the correct warning labels. Anywhere that asbestos work might occur has to be sealed off and air filtration equipment used during the abatement process. This ensures asbestos fibers are not released into the environment so building occupants and the general public isn't exposed to the hazardous material. A Massachusetts Department of Labor Standards-licensed asbestos contractor was required to be hired "to properly move, package, and dispose of the asbestos-containing waste materials" and Central Mass Recycled Metals, LLC was ordered to no longer crush vehicles without previously disposing of the mercury-added parts. "Preventing asbestos-containing materials from entering these facilities protects workers, customers, and the general public from exposure," said Deputy Regional Director in MassDEP's Central Regional Office John Kronopolus. "Failure to remove mercury-added components from vehicles prior to crushing poses a serious threat to the environment and public health. As this penalty demonstrates, companies that fail to comply with these regulations face significant penalties, as well as escalated cleanup, decontamination, and monitoring costs." Just recently, another company in Massachusetts, UMass Realty, received similar fines for improperly demolishing and renovating a former hospital building. A grand total of $45,412.50 may need to be paid out by UMass Realty in the future. "Metal recycling facilities must ensure that the scrap metals they receive are clean and free of asbestos, as asbestos is a known carcinogen," said Kronopolus. ASBESTOS UPDATE: NJ Ex-Judge Alleging Courthouse Fibro Dies ----------------------------------------------------------- David Gialanella, writing for New Jersey Law Journal, reported that Amos Saunders, the retired New Jersey judge who claimed he developed cancer as a result of asbestos exposure at the Passaic County courthouse, died Aug. 16 at the age of 81, but the litigation will continue, according to his attorney. Saunders died at home after a week on hospice, according to attorney Rachel Placitella of Cohen, Placitella & Roth in Red Bank. She said the complaint will be amended with a wrongful- death count, and the suit -- which alleges that the exposure occurred, at least in part, during a 1983 asbestos-removal project at the Paterson facility -- will "absolutely" proceed, possibly with additional discovery. Saunders' death -- as a result of adenocarcinoma, a type of cancer that can affect the lungs, pancreas, esophagus and other areas of the body -- came just days after a victory in the case. On Aug. 12, Middlesex Superior Court Judge Ana Viscomi denied motions for summary judgment by two defendants. The case was originally filed in April 2013 in Passaic County but was transferred to Middlesex, where state-court asbestos litigation is centralized. It claims Saunders was exposed to asbestos particles, both in connection with and independently of the 1983 project. The suit, in addition to naming Passaic County, also names A.H. Environment Inc., which was allegedly the contractor for the project, and Alaimo Group, successor to Richard A. Alaimo Engineering Associates, which was allegedly the consulting engineer in charge of the operation, according to the complaint. The suit claims that all three defendants were aware of the danger to those foreseeably exposed to asbestos but were negligent with regard to "proper hygiene procedures" to ensure that toxic chemicals and substances were not carried home on courthouse employees' persons and clothing. As of Aug. 18, A.H. Environment had not filed an answer to the complaint or any other court papers, according to the judiciary's online database. Passaic County's and Alaimo's motions for partial summary judgment were denied by Viscomi on Aug. 12, the database said. Viscomi ruled orally from the bench, according to Placitella. Saunders, who left the bench in 2000 after 23 years, subsequently became of counsel to Carlet, Garrison, Klein & Zaretsky in Clifton. He also had served as a member of the New Jersey Election Law Enforcement Commission since 2008. A 1958 graduate of Columbia University Law School, Saunders was appointed to the bench by Gov. Brendan Byrne in 1977. He was Passaic County's Chancery Division judge, and also sat in the Civil and Criminal parts. As a judge, he developed a reputation as an expert in the law governing professional boxing. In paying tribute to Saunders on the floor of Congress on June 6, 2000, U.S. Rep. Bill Pascrell Jr., D-New Jersey, whose district includes Paterson, said Saunders was a "nationally respected expert on the legal aspects of the sport of boxing" and handled many high-profile boxing cases in his court, including those of boxing promoter Don King. In 1997, the International Boxing Digest magazine listed Saunders as number 16 in the list of boxing's 50 most influential people, Pascrell said. Before becoming a judge, Saunders served in a variety of roles, including private practitioner at a law firm, municipal court judge, borough attorney and board of education attorney for the Borough of Totowa. He also served as an administrative law judge for the Waterfront Commission of New York Harbor. Placitella said, "Judge Saunders dedicated his life to the people of the state of New Jersey and the lawyers who appeared before him. We will dedicate ourselves in his memory to achieving justice for his family." Alaimo's counsel, Jeffrey Intravatola of Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, didn't return a call seeking comment on the suit. Passaic County's lawyer, Laurence Maddock of Waters McPherson McNeill in Secaucus, also didn't return a call. ASBESTOS UPDATE: Auckland Company Fined After Fibro Scare --------------------------------------------------------- Auckland Now reported that a demolition and removal company has been fined $8600 after an employee potentially exposed himself and others to asbestos at an Auckland school. WorkSafe said Yakka Contracting received the $8607 penalty after appearing in the Auckland District Court for sentencing. The court was told an employee had broken up large sheets of cladding containing asbestos, after it was hired to help with the demolition of a classroom at Bayfield Primary School in Herne Bay. While removing cladding containing asbestos, the employee was said to have broken it so there were no protruding sharp edges in the disposal bags. WorkSafe said it "potentially exposed him and others to asbestos fibres". Chief inspector Keith Stewart said the employee's actions went against best practice guidelines. "Yakka Contracting Limited should have ensured the employee was properly trained and supervised so that he did not break (the cladding) down." Asbestos contamination is a major focus for WorkSafe, formerly the Department of Labour, who believes asbestos-related diseases kill around 180 people in New Zealand annually. An earlier version of this story included a photograph of an unrelated company, Empire Contracting, that was not involved in any way in this matter. Stuff regrets the error and apologizes for any embarrassment caused by publication of the incorrect photograph. ASBESTOS UPDATE: Court Strengthens Sole Proximate Cause Defense --------------------------------------------------------------- Drew Kemp, Esq. -- dkemp@thompsoncoburn.com -- and Erick VanDorn, Esq. -- evandorn@thompsoncoburn.com -- at Thompson Coburn LLP, wrote that the question of whether a product manufacturer or employer in an asbestos lawsuit can introduce evidence of the plaintiff's exposures to asbestos from other sources has become a highly contested issue. There is a lengthy latency period associated with asbestos-related disease and some types of asbestos fibers may be more hazardous than others. To paint a complete picture for the jury, it is important to put on evidence of all sources of asbestos the plaintiff encountered throughout his or her life. Recently, the Appellate Court of Illinois, Fourth District, held that a defendant in an asbestos case may introduce evidence of plaintiff's other exposures to asbestos to support its defense that those exposures were the sole proximate cause of the alleged injury. The case is Smith v. Illinois Central Railroad Company, 2015 IL App (4th) 140703. James Smith alleged he was exposed to asbestos when he worked for Illinois Central at a railyard in Illinois between the years 1955 and 1958. Before working at the railyard, he worked for three months at the nearby Union Asbestos & Rubber Company (UNARCO). Smith testified he left the UNARCO facility because it was too dirty and the conditions were horrendous. A fact witness who also worked there testified that it was so dusty that people could not be seen walking around inside. But UNARCO was not on trial. The plaintiff successfully moved in limine to exclude any evidence Smith was exposed to asbestos dust in any manner other than from his employment by the defendant at the railyard. Smith claimed such evidence would confuse or mislead the jury. In 2014, the jury found Smith had an asbestos-related disease, which it could only blame on the defendant because it heard no other evidence with regard to asbestos exposure. After judgment was entered for the plaintiff, Illinois Central appealed. On appeal, the plaintiff argued that "any attempt by defendant to bring up Smith's exposure at UNARCO would just be an attempt to shift the blame to a concurrent tortfeasor, not to prove a sole proximate cause defense." The Illinois Appellate Court disagreed and reversed and remanded for a new trial. The court emphasized that the defendant did not have to prove anything. It was the plaintiff's burden to establish Illinois Central's conduct was a proximate cause of his injury. In turn, the court said, Illinois Central should have been allowed to introduce evidence of the plaintiff's other exposures in an attempt to cast doubt on plaintiff's claim. This holding reiterates the Illinois Supreme Court's holding in Nolan v. Weil-McLain that a defendant in an asbestos case is entitled to put on evidence of the plaintiff's other potential asbestos exposures. See 233 Ill. 2d 416 (2009). It is important, however, for the defendant to do its homework before trial and throughout the discovery process to develop evidence of alternative asbestos exposures. ASBESTOS UPDATE: Deadly Dust Found at Undercliff Drive ------------------------------------------------------ David Newble, writing for Isle of Wight County Press, reported that work to restore access to homes along landslip-struck Undercliff Drive, in Isle of Wight, remains on hold after asbestos was found at the site. Since July, Island Roads has been working to reinstate the carriageway from Niton, with hopes that construction would be complete in early October. However, following the drilling of a number of test boreholes, the Isle of Wight Council and Island Roads say that asbestos has been found. In a joint statement, the council and Island Roads said: "The results of the laboratory test samples on Undercliff Drive have been received by Island Roads. The tests indicate the presence of asbestos on site. "Safety advice is being sought by Island Roads on handling these types of asbestos before seeking to identify the extent. We will continue to work with local stakeholders as this situation progresses. Public access remains prohibited during the works." * The Isle of Wight Council added that it was currently awaiting further clarity on the scope of the contaminents found on the site, and was seeking a solution to ensure that the wider scheme was deliverable as quickly as possible. Gary Smedmore, one of the residents who spearheaded building a temporary access road along Undercliff Drive, said the contamination could have come from any source. He said: "We have had a large number of construction vehicles from the water board and drilling crews, as well as Island Roads over this section of road since it was constructed, which could also bring contaminents from other sites. "Contaminants could also have been present under the original road surface from the windening of Undercliff Drive during the war. "The materials we used were purchased through Island builders' merchants and were supplied from a screened concrete crushing company on the Island." ASBESTOS UPDATE: Contractor Could Face Criminal Charges ------------------------------------------------------- The Associated Press reported that a southern Illinois contractor whose companies were fined nearly $2 million for federal workplace safety violations involving asbestos exposure could face a criminal inquiry. The U.S. Occupational Safety and Health Administration fined Joseph Kehrer of Albers, Kehrer Brothers Construction and an affiliated roofing company $1.939 million after finding that at least eight Mexican guest workers participating in the H-2B visa program were deprived of required safety equipment while working at an Okawville school. OSHA spokesman Scott Allen told the St. Louis Post-Dispatch (bit.ly/1JizWDz ) that the agency is considering whether to refer the case to the U.S. Justice Department "for possible criminal charges." OSHA alleges that Kehrer threatened to fire workers, who would then be deported, if they talked to its investigators. The companies can appeal the federal decision. ASBESTOS UPDATE: Toxic Dust Dumped at Peterborough Foot Path ------------------------------------------------------------ Peterborough Telegraph reported that fly tipped waste -- including dangerous asbestos has been cleared away after being dumped near a public footpath close to a country park. The waste, which includes bags of rubbish along with asbestos sheets, was dumped on private land next to a route which leads from Thorpe Wood to Ferry Meadows Country Park and Bluebell Woods. It was reported to Peterborough City Council, and after discussions over whose responsibility it was to clear the waste away, a spokesman for the council said they would be removing it - - but would try and recover the cost from the land owner. The Peterborough City Council spokesman said: "We have been out to inspect the fly-tip and it appears to contain concrete-bonded asbestos. The fly-tip is on private land. "As it is on private land the council is not responsible for clearing the waste and ordinarily we would write to the landowner to inform them of their duty to arrange removal. "However, given how close it is to the footpath we have instructed Amey to clear it. "We believe there is a clear public interest in removing this waste and therefore we have made an exception on this occasion. "We will write to the landowner in order to try and recover this cost. "The only person to blame here is the irresponsible individual who decided to dump their waste rather than dispose of it in the correct way." A spokeswoman for the Nene Park Trust, which runs Ferry Meadows, said they had been made aware of the rubbish, but it was not on Trust land. ASBESTOS UPDATE: Inquests Open Into Three Fibro Deaths ------------------------------------------------------ Paul Greaves, writing for Torquay Herald Express, reported that the coroner has opened separate inquests into the deaths of three Torbay men from an asbestos-related disease. Anthony Sydney Ellis, who was born in Newton Abbot but lived in Kings Road Paignton, was a retired carpenter. The coroner has been told that during his life he had been exposed to asbestos. Two years ago he was diagnosed with mesothelioma. He died from the disease at his home on August 7. He was 71 years old. The coroner has also opened an inquest into the death of Leslie Roy Gibson. Mr Gibson was born in Birmingham, was married and lived at Washington Close in Paignton. He was a retired carpenter. During his life he had been exposed to asbestos and was diagnosed with mesothelioma in 2012. He died at his home on August 9 aged 86. A third inquest has been opened and adjourned into the death of John Moss, 84, a widow who was born in Plymouth but lived at Torbay Road in Paignton. He was a retired Royal Navy shipwright. He had been exposed to asbestos during his working life and was clinically diagnosed with mesothelioma in February. He died at the Mount Olivet Nursing Home on July 22. Cause of death was malignant mesothelioma and pulmonary thromboembolism. None of the deaths, which are unrelated, are suspicious. Full inquest hearings will take place at a later date. ASBESTOS UPDATE: Former Steelworker Contracts Fibro Disease ----------------------------------------------------------- Swindon Advertiser reported that a former steel worker is appealing to colleagues who can confirm he worked at the factory where asbestos was rife. Kenneth Moody, 83, of Stratton, has recently developed an illness related to the substance, which was widely used in the manufacturing industry several decades ago, and is seeking compensation. He worked for the Pressed Steel company as a spot welder for 29 years, where he regularly came into contact with asbestos. However, he needs someone to come forward to prove he worked on the line between 1962 and the early '70s, when his contact with asbestos was at its most regular. "I didn't use it directly in my job but it was all over the place," says Kenneth. "We didn't know how dangerous it was. "It was used to fix breaks in the panels but was then just discarded and thrown on the floor so it was everywhere. "The air was full of dust and while we had goggles and gloves, there was nothing to stop you breathing it in. "There weren't any washing facilities either, other than a few sinks in the toilet." During those years, Kenneth had a young family to help raise with his wife so never formed a close bond with any of his fellow workers. And as it was so long ago, he has had difficulty remembering their names. He said: "I know I worked with a Bob, I know I worked with a Wally but I don't know what their surnames were. It was more than 50 years ago. "What I need is someone who can remember my face to say they remember me working there and that there was asbestos everywhere." Solicitor Brigitte Chandler, of Charles Lucas & Marshall, is acting for Mr Moody and is one of the UK's leading legal specialists in asbestos-related disease. "The symptoms of asbestos-related illnesses can take between 15 and 60 years to emerge," she said. "Mr Moody wants to pursue a claim against his employers and we are keen to speak to anyone who can either remember Mr Moody and the work he did there as a spot welder or confirm the use of asbestos for welding at Pressed Steel between 1964 and 1991." ASBESTOS UPDATE: Plymouth Has High Lung Cancer Mortality Rate ------------------------------------------------------------- Alex Shipman, writing for Plymouth Herald, reported that new figures reveal that 85 people in Plymouth died from asbestos- related lung cancer between 2010 and 2014. Plymouth has the 11th highest mortality rate in England and Wales for the disease at 7.7 deaths per 100,000 people. The average rate for England and Wales is 4.4 deaths per 100,000 people. The figures were released a fortnight after campaigners from Mesothelioma and Asbestos Awareness Plymouth and South West (MAAPS) warned people not to trespass in the abandoned Quality Hotel, which sits on Cliff Road. Speaking to The Herald, a spokesperson said the hotel is "extremely hazardous" and that "damage to asbestos, due to deliberate vandalism or arson, can cause the release of microscopic fibres into the atmosphere." The fibres cling to shoes and clothes, and, if inhaled, they may become trapped in the lungs, and this can lead to mesothelioma over time. "Mesothelioma is a legacy of Britain's industrial heritage," said Jonathan Wheeler, president of not-for-profit group the Association of Personal Injury Lawyers (APIL) which campaigns for the rights of exposed workers and their families. "Thankfully, employers nowadays are more aware of the dangers of exposing workers to asbestos. But those who were exposed 30 or 40 years ago are now facing death sentences for simply turning up to work. "Our members are lawyers and many of them see former dockworkers, factory workers, tradesmen and even teachers, who have never worked in heavy industry but have been exposed in schools, seeking compensation to make them comfortable in their final months, and to ensure their families will be fine financially. But because records have been lost or destroyed over time, it is not always possible to track down the former employers' insurers," Jonathan explained. "There is now a Government fund of last resort for them to turn to in that eventuality but it doesn't quite go far enough. It needs to be extended to include other asbestos-related diseases, such as asbestosis, so that other suffering workers can get the justice they need and deserve." ASBESTOS UPDATE: Ill. Couple's Suit Alleges Exposure to Fibro ------------------------------------------------------------- Kirin Bashir, writing for Madison Record, reported that a St. Clair County, Illinois, couple is suing electrical service companies, manufacturing companies and other associates over negligence in employee exposure to asbestos and the preservation of evidence concerning the matter. Geraldine Sabish and Richard Sabish filed multiple lawsuits June 23 in St. Clair Circuit Court against ABB Inc., Regal Ware Inc., Sprinkmann Sons Corp., Pneumo Abex LLC, Metropolitan Life Insurance Co. and several other companies. According to the filing, Geraldine Sabish was employed as a laborer at Amity from 1962 to 1966 and at Regal Ware Inc. from 1966 to 2003. She claims she was exposed to large amounts of asbestos while working at these locations causing her to develop lung cancer. The plaintiff alleges that the companies could have easily known about their employees being exposed to asbestos and that it was highly toxic. Thus, the plaintiff claim, they were negligent in securing the safety of employees from this danger as well as warning them about it. She has also filed many counts including spoliation of evidence, claiming possession of certain documents relating to asbestos-containing products and wrongful disposal of these documents. Other claims are that Metropolitan Life Insurance and Pneumo Abex conspired with asbestos-producing companies and withheld information regarding the hazards of asbestos exposure and lung cancer. This allegedly led her to remain ignorant of these factors and eventually suffer much mental and physical anguish as well as monetary losses. Her husband, Richard Sabish, is suing the defendants for allegedly causing him to be deprived of his wife's companionship. The plaintiffs are seeking $50,000 in damages on each count and are represented by attorneys Gori, Jullian & Associates. St. Clair County Circuit Court case No. 15-L-366 ASBESTOS UPDATE: Sunderland Has High Fibro Mortality Rate --------------------------------------------------------- Sunderland Echo reported that Sunderland has one of the highest asbestos-related death rates in the country. The city has mortality rate of 7.4 asbestos-related deaths per 100,000 of the population according to figures released by the Office for National Statistics. Between 2010 and 2014, 94 Wearsiders died from mesothelioma -- a cancer of the lungs -- making it the 18th worst affected area in the country. Council bosses acknowledge that the substance was widely used in the past, but say any asbestos now identified is removed in line with health, safety and legal guidance. Coun John Kelly, Sunderland City Council's portfolio holder for public health, wellness and culture, said: "Sadly, asbestos was widely used for many, many years and had many, many uses. While it is no longer used in the work or at home, its prevalence means there are always issues about how and when it is discovered or disturbed. "If the council identifies any asbestos risks then they are immediately dealt with and in line with health, safety and legal guidance. Barrow-in-Furness, in Cumbria, has the highest mortality rate in the country with 14.3 per 100,000 having asbestos related deaths, while South Tyneside came in second with a rate of 10.9. Jonathan Wheeler, president of not-for-profit group the Association Personal Injury Lawyers (APIL), said: "Mesothelioma is a legacy of Britain's heritage. "Thankfully, employers nowadays are more aware of the dangers of exposing workers to asbestos. "But those who were exposed 30 or 40 years ago are now facing death sentences for simply turning up to work." Asbestos is made up of tiny fibres. People can breathe these fibres in when they come into contact with the substance. The fibres work their way into the pleura, lining the lung. They irritate the pleura and may cause gene changes (mutations) that lead to the growth of cancer. Some of the fibres that have been breathed in can be coughed up and swallowed. This is probably the cause of peritoneal mesothelioma. ASBESTOS UPDATE: Conman Exposes Perth Residents to Toxic Dust ------------------------------------------------------------- WAToday.com reported that a conman has exposed Perth residents to asbestos while posing as a licensed expert in the removal of the deadly material. Consumer Protection has issued a warning as it tries to track down David Leslie Patrick Back, who quotes licence and registration numbers on his business card that are false. So far, nine complaints have been lodged against Mr Back who trades under the name Southside Asbestos Removals. Acting Commissioner for Consumer Protection Gary Newcombe is concerned about his activities and urges consumers not to have any dealings with Mr Back or Southside Asbestos. "Consumers who have been approached by Mr Back or have responded to his advertising are advised not to engage his services. Not being licensed means he may not have the necessary skills or training to remove the asbestos safely," Mr Newcombe said. The acting commissioner that that anyone who had information about Mr Back's whereabouts, or may have had recent dealings with him, should contact either Consumer Protection or WorkSafe immediately to report this information. "We are very keen to locate Mr Back and put a stop to his dangerously deceptive and incompetent behaviour which is jeopardising the health and safety of consumers and the wider community," he said. WorkSafe WA Executive Director Lex McCulloch said a licence was generally required from WorkSafe to remove material containing asbestos in WA, "Asbestos is considered a hazardous material. People who work with asbestos must be trained in the safe way of handling, transporting and disposing of it," Mr McCulloch said. He said that only a licence holder, or an employee of a licence holder, was allowed to carry out the removal of asbestos. Only if the asbestos was bonded, or not broken, and the amount was under ten square metres could it be removed without a licence. "Before organising for asbestos removal from their property, consumers and businesses should check on the WorkSafe website to ensure that the company or tradesperson they intended to use to carry out the work has the appropriate licence, if required," Mr McCulloch said. Enquiries can be made at WorkSafe on 1300 307 877 or Consumer Protection 1300 30 40 54. ASBESTOS UPDATE: Toxic Dust Removed at Indiana Uni Bldg. -------------------------------------------------------- WLKY.com reported that Indiana University has resumed renovation work on Franklin Hall after asbestos was found in July by construction crews. The (Bloomington) Herald-Times reports construction resumed Aug. 17 following the asbestos cleanup that cost roughly $45,000. University spokesman Mark Land says construction workers had found unsafe levels of asbestos in caulk around windows. Land says there was no indication of any harm done to construction workers by the asbestos. The $21 million renovation of Franklin Hall started in November. Work is on track to be mostly finished on schedule by June 2016. The building was constructed in the early 1900s and will house the university's recently formed Media School. ASBESTOS UPDATE: 2 Cos. Fail to Win Summary Judgment in PI Suit --------------------------------------------------------------- Judge Staci M. Yandle of the United States District Court for the Southern District of Illinois, in the asbestos-related personal injury lawsuit captioned CHARLES NEUREUTHER, Plaintiff, v. ATLAS COPCO COMPRESSORS, L.L.C., et al., Defendants, CASE NO. 13-CV- 1327-SMY-SCW (S.D. Ill.), denied defendant CBS Corporation's and John Crane, Inc.'s motions for summary judgment, holding that there is evidence sufficient to create an inference that the Defendants knew or should have known that their products were unreasonably dangerous in their years of packing manufacturing. A full-text copy of Judge Yandle's Aug. 27, 2015 memorandum and order on CBS's motion for summary judgment is available at http://is.gd/ch6ARWfrom Leagle.com. A full-text copy of Judge Yandle's Aug. 28, 2015, memorandum and decision on John Crane's motion for summary judgment is available at http://is.gd/wCyis0from Leagle.com. Judge Yandle also denied John Crane's motion to limit trial testimony of proferred expert witness Matthew A. Vuskovich, after determining that Dr. Vuskovich is qualified to render an expert opinion as to the Plaintiff's diagnosis and causation. A full- text copy of Judge Yandle's Aug. 20, 2015 memorandum and order on John Crane's Motion in Limine is available at http://is.gd/OdC8BY from Leagle.com. Charles Neureuther, Plaintiff, represented by Ben A. Vinson, Jr., Vinson Law, Zane T. Cagle, Cagle Law Firm, LLC & John D Sloan, Jr, Sloan, Bagley, Hatcher & Perry. CBS Corporation, sor-in-Interest to BF STURTEVANT CO, Defendant, represented by Daniel G. Donahue, Foley & Mansfield, PLLP & Michael R. Dauphin, Foley & Mansfield, PLLP. Crane Co., Defendant, represented by Benjamin J. Wilson, HeplerBroom LLC, Carl J. Geraci, HeplerBroom LLC & Noel L. Smith, Jr., HeplerBroom LLC. Ingersoll-Rand Company, Defendant, represented by Benjamin J. Wilson, HeplerBroom LLC, Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. John Crane, Inc., Defendant, represented by Daniel R. Griffin, O'Connell, Tivin, Miller & Burns L.L.C. & Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. Metropolitan Life Insurance Co., Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Warren Pumps, LLC., Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. Ingersoll-Rand Company, Cross Claimant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. CBS Corporation, Cross Defendant, represented by Michael R. Dauphin, Foley & Mansfield, PLLP. Crane Co., Cross Defendant, represented by Noel L. Smith, Jr., HeplerBroom LLC. Electrolux Home Products, Inc., Cross Defendant, represented by Dennis J. Graber, Hinshaw & Culbertson. Gardner Denver, Inc., Cross Defendant, represented by Bradley R. Bultman, Segal, McCambridge et al. & William R. Irwin, Segal, McCambridge et al.. John Crane, Inc., Cross Defendant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Warren Pumps, LLC., Cross Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. CBS Corporation, Cross Defendant, represented by Michael R. Dauphin, Foley & Mansfield, PLLP. Crane Co., Cross Defendant, represented by Noel L. Smith, Jr., HeplerBroom LLC. Gardner Denver, Inc., Cross Defendant, represented by Bradley R. Bultman, Segal, McCambridge et al. & William R. Irwin, Segal, McCambridge et al.. Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. John Crane, Inc., Cross Defendant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Warren Pumps, LLC., Cross Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. Crane Co., Cross Claimant, represented by Noel L. Smith, Jr., HeplerBroom LLC. CBS Corporation, Cross Defendant, represented by Michael R. Dauphin, Foley & Mansfield, PLLP. Crane Co., Cross Defendant, represented by Noel L. Smith, Jr., HeplerBroom LLC. Gardner Denver, Inc., Cross Defendant, represented by Bradley R. Bultman, Segal, McCambridge et al. & William R. Irwin, Segal, McCambridge et al.. Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. John Crane, Inc., Cross Defendant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Warren Pumps, LLC., Cross Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. John Crane, Inc., Cross Claimant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. CBS Corporation, Cross Defendant, represented by Michael R. Dauphin, Foley & Mansfield, PLLP. Gardner Denver, Inc., Cross Defendant, represented by Bradley R. Bultman, Segal, McCambridge et al. & William R. Irwin, Segal, McCambridge et al.. Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Warren Pumps, LLC., Cross Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. John Crane, Inc., Cross Claimant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. CBS Corporation, Cross Defendant, represented by Michael R. Dauphin, Foley & Mansfield, PLLP. Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Warren Pumps, LLC., Cross Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue, Foley & Mansfield, PLLP. Crane Co., Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC. Gardner Denver, Inc., Cross Defendant, represented by Bradley R. Bultman, Segal, McCambridge et al. & William R. Irwin, Segal, McCambridge et al.. Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. John Crane, Inc., Cross Defendant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Warren Pumps, LLC., Cross Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. Warren Pumps, LLC., Cross Claimant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue, Foley & Mansfield, PLLP. Crane Co., Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC. Gardner Denver, Inc., Cross Defendant, represented by Bradley R. Bultman, Segal, McCambridge et al. & William R. Irwin, Segal, McCambridge et al.. Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. John Crane, Inc., Cross Defendant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue, Foley & Mansfield, PLLP. Crane Co., Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC. Gardner Denver, Inc., Cross Defendant, represented by Bradley R. Bultman, Segal, McCambridge et al. & William R. Irwin, Segal, McCambridge et al.. Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. John Crane, Inc., Cross Defendant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Warren Pumps, LLC., Cross Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue, Foley & Mansfield, PLLP. Crane Co., Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC. Gardner Denver, Inc., Cross Defendant, represented by Bradley R. Bultman, Segal, McCambridge et al. & William R. Irwin, Segal, McCambridge et al.. Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. John Crane, Inc., Cross Defendant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Warren Pumps, LLC., Cross Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. Electrolux Home Products, Inc., Cross Claimant, represented by Dennis J. Graber, Hinshaw & Culbertson. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue, Foley & Mansfield, PLLP. Crane Co., Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC. Gardner Denver, Inc., Cross Defendant, represented by Bradley R. Bultman, Segal, McCambridge et al. & William R. Irwin, Segal, McCambridge et al.. Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. John Crane, Inc., Cross Defendant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Warren Pumps, LLC., Cross Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. Crane Co., Cross Claimant, represented by Benjamin J. Wilson, HeplerBroom LLC & Carl J. Geraci, HeplerBroom LLC. CBS Corporation, Cross Defendant, represented by Daniel G. Donahue, Foley & Mansfield, PLLP. Electrolux Home Products, Inc., Cross Defendant, represented by Dennis J. Graber, Hinshaw & Culbertson. Gardner Denver, Inc., Cross Defendant, represented by Bradley R. Bultman, Segal, McCambridge et al. & William R. Irwin, Segal, McCambridge et al.. Ingersoll-Rand Company, Cross Defendant, represented by Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom LLC. John Crane, Inc., Cross Defendant, represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns L.L.C.. Metropolitan Life Insurance Co., Cross Defendant, represented by Charles L. Joley, Joley, Nussbaumer, et al. & Georgiann Oliver, Joley, Nussbaumer, et al.. Owens-Illinois, Inc., Cross Defendant, represented by Brian O'Connor Watson, Schiff Hardin LLP, Edward M. Casmere, Schiff Hardin LLP & Matthew J. Fischer, Schiff, Hardin et al.. Warren Pumps, LLC., Cross Defendant, represented by Keith B. Hill, Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. & Michael D. Schag, Heyl, Royster et al.. ASBESTOS UPDATE: Bid to Reconsider Dismissal of "Southern" Denied ----------------------------------------------------------------- Plaintiffs Larry Southern, Roy Southern, Yvonne Harris, and Barbara Patterson filed a motion to alter or amend judgment pursuant to Rule 59(e) and Rule 60(b)(6) of the Federal Rules of Civil Procedure. Specifically, the Plaintiffs move the United States District Court for the District of South Carolina, Rock Hill Division, to reconsider its Order dated June 30, 2015, which granted the Defendants' motions for summary judgment and dismissed the action. The Plaintiffs request that at a minimum, the Court should revise its Order to deny the Defendants' motions for summary judgment. The Plaintiffs further request that the Court grant their motions for partial summary judgment and set the case for trial on the remaining issues. In the view of the Court, the Plaintiffs' motion fails to meet any of the requirements under Rule 59(2) or Rule 60(b)(6). Having reviewed the pleadings related to the motion, the Court found that further oral argument will not aid in its decision-making process. Accordingly, the Plaintiffs' motion to reconsider is denied. The case is Larry Southern; Roy Southern; Yvonne Harris; and Barbara Patterson, Plaintiffs, v. Asbestos Processing, LLC; Richard H. Bishoff, PC; Richard H. Bishoff; John M. Deakle; A. Joel Bentley; A. Joel Bentley Law Office; William R. Couch; Couch Law Firm; David O. McCormick; Cumbest, Cumbest, Hunter & McCormick; Crymes G. Pittman; Pittman, Germany, Roberts & Welsh, LLP; and John Michael Sims, Defendants, C/A NO. 0:11-CV-01800-JFA (D.S.C.). A full-text copy of the Court's Aug. 27, 2015 Order penned by Judge Joseph F. Anderson, Jr., is available at http://is.gd/01x3T1from Leagle.com. Larry Southern, Plaintiff, represented by Ann McCrowey Mickle, Ann McCrowey Mickle Law Offices, Brent P Stewart, Stewart Law Offices, Chad A McGowan, McGowan Hood Felder and Johnson, Jenna W Garraux, Stewart Law Offices, Jordan Christopher Calloway, McGowan Hood and Felder, Steven Randall Hood, McGowan Hood and Felder & Susan F Campbell, McGowan Hood and Felder. Larry Southern, Plaintiff, represented by Pendarvis Law Office Larry Southern, Plaintiff, represented by Whitney Boykin Harrison, McGowan Hood and Felder. Roy Southern, Plaintiff, represented by Ann McCrowey Mickle, Ann McCrowey Mickle Law Offices, Brent P Stewart, Stewart Law Offices, Chad A McGowan, McGowan Hood Felder and Johnson, Jenna W Garraux, Stewart Law Offices, Steven Randall Hood, McGowan Hood and Felder, Susan F Campbell, McGowan Hood and Felder, Thomas A Pendarvis, Pendarvis Law Office & Whitney Boykin Harrison, McGowan Hood and Felder. Yvonne Harris, Plaintiff, represented by Ann McCrowey Mickle, Ann McCrowey Mickle Law Offices, Brent P Stewart, Stewart Law Offices, Chad A McGowan, McGowan Hood Felder and Johnson, Jenna W Garraux, Stewart Law Offices, Steven Randall Hood, McGowan Hood and Felder, Susan F Campbell, McGowan Hood and Felder, Thomas A Pendarvis, Pendarvis Law Office & Whitney Boykin Harrison, McGowan Hood and Felder. Barbara Patterson, Plaintiff, represented by Ann McCrowey Mickle, Ann McCrowey Mickle Law Offices, Brent P Stewart, Stewart Law Offices, Chad A McGowan, McGowan Hood Felder and Johnson, Jenna W Garraux, Stewart Law Offices, Steven Randall Hood, McGowan Hood and Felder, Susan F Campbell, McGowan Hood and Felder, Thomas A Pendarvis, Pendarvis Law Office & Whitney Boykin Harrison, McGowan Hood and Felder. Asbestos Processing LLC, Defendant, represented by Alexis Kaylor Lindsay, Esq. -- alindsay@sowellgray.com -- Sowell Gray Stepp and Laffitte, Elizabeth Van Doren Gray, Esq. -- egray@sowellgray.com - - Sowell Gray Stepp and Laffitte, Jason D Maertens, Esq. -- jason.maertens@smithmoorelaw.com -- Smith Moore Leatherwood, Joseph Calhoun Watson, Esq. -- cwatson@sowellgray.com -- Sowell Gray Stepp and Laffitte & Susan F Campbell, McGowan Hood and Felder. Richard H Bishoff PC, Defendant, represented by Jason D Maertens, Smith Moore Leatherwood, Kurt Matthew Rozelsky, Esq. -- kurt.rozelsky@smithmoorelaw.com -- Smith Moore Leatherwood, Michael J Giese, Esq. -- mike.giese@smithmoorelaw.com -- Smith Moore Leatherwood, Dane Hal Butswinkas, Esq. -- dbutswinkas@wc.com -- Williams and Connolly & Richmond Turner Moore, Esq. -- rtmoore@wc.com -- Williams and Connolly. Richard H Bishoff, Defendant, represented by Jason D Maertens, Smith Moore Leatherwood, Kurt Matthew Rozelsky, Smith Moore Leatherwood, Michael J Giese, Smith Moore Leatherwood, Dane Hal Butswinkas, Williams and Connolly & Richmond Turner Moore, Williams and Connolly. John M Deakle, Defendant, represented by Jason D Maertens, Smith Moore Leatherwood, Kurt Matthew Rozelsky, Smith Moore Leatherwood, Michael J Giese, Smith Moore Leatherwood, Dane Hal Butswinkas, Williams and Connolly & Richmond Turner Moore, Williams and Connolly. A Joel Bentley, Defendant, represented by Leslie Arlen Cotter, Jr, Esq. -- lcotter@richardsonplowden.com -- Richardson Plowden and Robinson & Sheila M Bias, Esq. -- sbias@richardsonplowden.com -- Richardson Plowden and Robinson. A Joel Bentley Law Office, Defendant, represented by Leslie Arlen Cotter, Jr, Richardson Plowden and Robinson & Sheila M Bias, Richardson Plowden and Robinson. William R Couch, Defendant, represented by Daniel C Leonardi, Federal Public Defender's Office, Jennifer Butler Routh, Nexsen Pruet, Susan Pedrick McWilliams, Esq. -- smcwilliams@nexsenpruet.com -- Nexsen Pruet Jacobs and Pollard, William Camden Lewis, Esq. -- wlewis@nexsenpruet.com -- Nexsen Pruet, Dane Hal Butswinkas, Williams and Connolly & Richmond Turner Moore, Williams and Connolly. Couch Law Firm, Defendant, represented by Daniel C Leonardi, Federal Public Defender's Office, Jennifer Butler Routh, Nexsen Pruet, Susan Pedrick McWilliams, Nexsen Pruet Jacobs and Pollard, Dane Hal Butswinkas, Williams and Connolly & Richmond Turner Moore, Williams and Connolly. David O McCormick, Defendant, represented by R Hawthorne Barrett, Esq. -- tbarrett@turnerpadget.com -- Turner Padget Graham and Laney & Thomas Charles Salane, Esq. -- tsalane@turnerpadget.com -- Turner Padget Graham and Laney. Cumbest Cumbest Hunter & McCormick, Defendant, represented by R Hawthorne Barrett, Turner Padget Graham and Laney & Thomas Charles Salane, Turner Padget Graham and Laney. Crymes G Pittman, Defendant, represented by John William Fletcher, Esq. -- jfletcher@barnwell-whaley.com -- Barnwell Whaley Patterson and Helms & Morris Dawes Cooke, Jr, Esq. -- mdc@barnwell- whaley.com -- Barnwell Whaley Patterson and Helms. Pittman Germany Roberts & Welsh LLP, Defendant, represented by John William Fletcher, Barnwell Whaley Patterson and Helms & Morris Dawes Cooke, Jr, Barnwell Whaley Patterson and Helms. John Michael Simms, Defendant, represented by Alexis Kaylor Lindsay, Sowell Gray Stepp and Laffitte, Elizabeth Van Doren Gray, Sowell Gray Stepp and Laffitte & Joseph Calhoun Watson, Sowell Gray Stepp and Laffitte. William Howell Morrison, Intervenor for limited purpose, Intervenor, represented by Steve Allen Matthews, Esq. -- smatthews@hsblawfirm.com -- Haynsworth Sinkler Boyd. ASBESTOS UPDATE: Final Judgment Renders Appeal Moot, Ct. Rules -------------------------------------------------------------- In a wrongful death lawsuit against asbestos and tobacco companies, the Court of Special Appeals of Maryland, in a decision dated Aug. 27, 2015, denied the tobacco companies' motion to dismiss the lawsuit for lack of appellate jurisdiction and dismissed as moot the appeal from the plaintiff of a final judgment dismissing their claims against the tobacco defendants. Although the Maryland Court concluded that the circuit court has entered a final, appealable judgment, the Special Appeals Court dismissed the appeal as moot, because it can afford no effective remedy for the dismissal of the tobacco defendants now that all of the asbestos defendants have been dismissed as well. The Special Appeals Court concluded that the circuit court should not have dismissed the tobacco defendants without first considering possible procedural safeguards under Rule 2-212(b) to prevent embarrassment, delay, expense, or prejudice. The case is DOUGLAS STIDHAM, etc. et al., v. R. J. REYNOLDS TOBACCO CO., INC., et al., NO. 178, SEPTEMBER TERM, 2014 (Md. Spec. App.). A full-text copy of the Decision is available at http://is.gd/H6DmOdfrom Leagle.com. ASBESTOS UPDATE: "Uribes" Remanded to Calif. Superior Court ----------------------------------------------------------- Elia B. Uribes, individually and as successor-in-interest to Raymond R. Uribes, deceased, and their son Raymond Steve Uribes, have brought a survival and wrongful death action against Defendants BASF Catalysts, LLC and two of its entities, Eastern Magnesia Talc Company and Pita Realty Limited, as well as Defendant E.T. Horn Company. Judge Lucy H. Koh of the United States District Court for the Northern District of California, San Jose Division, in an order dated Aug. 28, 2015, granted the Plaintiffs' Motion to Remand the action to Santa Clara County Superior Court. The case is ELIA B. URIBES, individually and as successor-in- interest to RAYMOND R. URIBES, Deceased, and RAYMOND STEVE URIBES, individually, Plaintiffs, v. BASF CATALYSTS, LLC (sued individually and as successor-in-interest to ENGELHARD CORPORATION), et al., Defendants, CASE NO. 15-CV-02131-LHK (N.D. Calif.). A full-text copy of Judge Koh's Decision is available at http://is.gd/l9HAtlfrom Leagle.com. Elia B. Uribes, Plaintiff, represented by Andrew Seitz, Waters Kraus Paul, Kevin Mathew Loew, Waters, Kraus & Paul, Charles S. Siegel, Waters & Kraus, LLP & Scott L. Frost, Waters Kraus Paul. Raymond Steve Uribes, Plaintiff, represented by Andrew Seitz, Waters Kraus Paul, Kevin Mathew Loew, Waters, Kraus & Paul, Charles S. Siegel, Waters & Kraus, LLP & Scott L. Frost, Waters Kraus Paul. BASF Catalysts LLC, Defendant, represented by Michael F. Williams, Esq. -- michael.williams@kirkland.com -- Kirkland and Ellis LLP, Daniel Aaron Bress, Esq. -- daniel.bress@kirkland.com -- Kirkland and Ellis LLP, Karen A. Braje, Esq. -- kbraje@reedsmith.com -- Reed Smith LLP, Peter A. Farrell, Kirkland Ellis LLP & Steven J. Boranian, Esq. -- sboranian@reedsmith.com -- Reed Smith LLP. Eastern Magnesia Talc Company, Defendant, represented by Michael F. Williams, Kirkland and Ellis LLP, Daniel Aaron Bress, Kirkland and Ellis LLP, Karen A. Braje, Reed Smith LLP, Peter A. Farrell, Esq. -- peter.farrell@kirkland.com -- Kirkland Ellis LLP & Steven J. Boranian, Reed Smith LLP. Pita Realty Limited, Defendant, represented by Michael F. Williams, Kirkland and Ellis LLP, Daniel Aaron Bress, Kirkland and Ellis LLP, Karen A. Braje, Reed Smith LLP, Peter A. Farrell, Kirkland Ellis LLP & Steven J. Boranian, Reed Smith LLP. E.T. Horn Company, Defendant, represented by Karen Mayann Johnson, Esq. -- kjohnson@wfbm.com -- WFBM, LLP. ASBESTOS UPDATE: John Crane Wins Summary Judgment in "Young" ------------------------------------------------------------ Judge Martin Reidinger of the United States District Court for the Western District of North Carolina, Asheville Division, in an order dated Aug. 21, 2015, granted defendant John Crane Inc.'s Motion for Summary Judgment in the asbestos-related lawsuit styled CAROLYN M. YOUNG and SARA M. WORKMAN, both Individually and as Co- Executrices of the ESTATE OF FRANK VERNON MILLER, Deceased, Plaintiffs, v. AGCO CORPORATION, et al., Defendants, CIVIL CASE NO. 1:13-CV-00054-MR-DLH (W.D.N.C.). In granting summary judgment to John Crane, Judge Reidinger ruled that the Defendant has demonstrated that the Plaintiffs lack a forecast of evidence of the decedent's exposure to an asbestos- containing product of the Defendant sufficient to establish causation under Lohrmann. The Defendant's forecast of evidence is undisputed insomuch as the Plaintiffs have failed to respond to the Defendant's motion, Judge Reidinger said. As the Plaintiffs are unable to present evidence of causation sufficient to raise a genuine issue of material fact, the Court concluded that summary judgment in favor of the Defendant is appropriate. A full-text copy of Judge Reidinger's Decision is available at http://is.gd/1yNodufrom Leagle.com. Carolyn M. Young, Plaintiff, represented by Kevin W. Paul, Esq. -- kpaul@sgpblaw.com -- Simon Greenstone Panatier Bartlett, PC & Janet Ward Black, Esq., Ward Black, P.A.. Sara Workman, Plaintiff, represented by Janet Ward Black, Ward Black, P.A. & Kevin W. Paul, Simon Greenstone Panatier Bartlett, PC. ASBESTOS UPDATE: Cabot Corp. Has 40,000 AO Respiratory Claimants ---------------------------------------------------------------- There were 40,000 claimants in pending cases asserting claims against Cabot Corporation's American Optical Corporation in connection with respiratory products, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2015. Cabot has exposure in connection with a safety respiratory products business that a subsidiary acquired from American Optical Corporation ("AO") in an April 1990 asset purchase transaction. The subsidiary manufactured respirators under the AO brand and disposed of that business in July 1995. In connection with its acquisition of the business, the Cabot subsidiary agreed, in certain circumstances, to assume a portion of AO's liabilities, including costs of legal fees together with amounts paid in settlements and judgments, allocable to AO respiratory products used prior to the 1990 purchase by the Cabot subsidiary. In exchange for the subsidiary's assumption of certain of AO's respirator liabilities, AO agreed to provide to the subsidiary the benefits of: (i) AO's insurance coverage for the period prior to the 1990 acquisition and (ii) a former owner's indemnity of AO holding it harmless from any liability allocable to AO respiratory products used prior to May 1982. As more fully described in the 2014 10-K, the respirator liabilities generally involve claims for personal injury, including asbestosis, silicosis and coal worker's pneumoconiosis, allegedly resulting from the use of respirators that are alleged to have been negligently designed and/or labeled. As of March 31, 2015 and September 30, 2014, there were approximately 40,000 and 41,000 claimants, respectively, in pending cases asserting claims against AO in connection with respiratory products. Cabot has a reserve to cover its expected share of liability for existing and future respirator liability claims. At March 31, 2015 and September 30, 2014, the reserve was $11 million and $13 million, respectively. Cash payments related to this liability were $2 million in the first six months of both fiscal 2015 and 2014. Cabot Corporation (Cabot) is a global specialty chemicals and performance materials company. The Company's principal products are rubber and specialty grade carbon blacks, fumed metal oxides, inkjet colorants, aerogels and cesium formate drilling fluids. Cabot and its affiliates have manufacturing facilities and operations in the United States and approximately 20 other countries. The Company operates in four business segments: Reinforcement Materials; Performance Materials; Advanced Technologies; and Purification Solutions. It is organized into three geographic regions: The Americas; Europe, Middle East and Africa, and Asia Pacific. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2015. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. 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