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             C L A S S   A C T I O N   R E P O R T E R

           Friday, February 19, 2016, Vol. 18, No. 36


                            Headlines


ABSOLUTE LAWN: "Bridges" Suit Seeks to Recover Unpaid Overtime
ALCATEL-LUCENT: Faces "Coleman" Suit Alleging ERISA Violation
AMERICAN HONDA: Faces Suit Alleging Breach of Express Warranty
ANTHEM BLUE: "Krieger" Suit Alleges Anticompetitive Conduct
ARCHIE A VAN ELSLANDER: "Owens" Suit Alleges FLSA Violation

ASPEN NATIONAL: Accused of Wrongful Conduct Over Debt Collection
BANK OF AMERICA: "Colon" Suit to Recover Overtime Pay
BARCLAYS BANK: Frontpoint Alleges Sterling LIBOR Manipulation
BMW OF NORTH: Faces "Myers" Suit Over Comfort Access Feature
BOEING: Faces Class Actions Over Accounting Practices

BUILDING SERVICE: "Varela" Suit Seeks to Recover Unpaid Overtime
C & J ENERGY: Faces "Roses" Suit Over Failure to Pay Overtime
CHICAGO, IL: "Ferenzi" Suit Seeks to Recover Unpaid Overtime
CIGNA CORP: Retirees Set to Receive Compensation This Year
CONSOLIDATION COAL: Motions Filed in Mine Explosion Class Action

CONTINENTAL AUTOMOTIVE: Faces Class Action Over Defective Air Bag
CVS CAREMARK: Rolls Back Drug Price; Class Action Pending
DAYBREAK VENTURE: "Kirk" Suit Seeks to Recover Unpaid OT Wages
DELMONICO'S ITALIAN: Workers File Minimum Wage Class Action
DEPUY ORTHOPEDICS: Files Suit v. ACC Over Hip Implant Claims

DICK'S SPORTING: Faces "Nghiem" Suit for Alleged TCPA Violation
DILIGENT CORPORATION: Class Action Mulled Over Insight Merger
DOLLAR GENERAL: Nebraska Consumers Sue Over Motor Oil
DOLAN COMPANY: Dismissal of "Rand-Heart" Suit Reversed in Part
DOMESTIC LINEN: Faces "Bouyer" Suit Over Failure to Pay Overtime

DYNAMIC RECOVERY: Illegally Collects Debt, Action Claims
DYNAMIC RECOVERY: Illegally Collects Debt, "Sanchez" Suit Claims
ELITE CARE: Does Not Properly Pay Employees, "Ferreira" Suit Says
ELITE OPPORTUNITIES: Class Action Likely Over Cancelled Event
EOS PRODUCTS: Falsely Marketed Lip Balm, "Caggiano" Suit Says

ETHICON: Court Hears Closing Arguments in Pelvic-Mesh Trial
FACEBOOK INC: Faces Class Action Over Unauthorized Birthday Texts
FIRST STEP: Accused of Wrongful Conduct Over Debt Collection
FOOD FOR HEALTH: "Lliguichuzhca" Suit Seeks to Recover OT Pay
FORT WASHINGTON AUTO: Faces "Aquino" Suit Over Failure to Pay OT

FREEDOM MORTGAGE: Illegally Collects Debt, "Cruckshank" Suit Says
FRESENIUS MEDICAL: Falsely Marketed GranuFlo Products, Suit Says
GENERAL CHEMICAL: Tacoma City Alleges Anticompetitive Practices
GENERAL MOTORS: Bid to Remove Lead Plaintiff Lawyers Tossed
GEOLOG AMERICAS: Faces "Gosnell" Suit Alleging FLSA Violation

GLAXOSMITHKLINE: Faces "Harrison" Suit Over Zofran(R) Drugs
GLAXOSMITHKLINE: Faces "Poisson" Suit Over Zofran(R) Drugs
GREENSPOON MARDER: Faces "Patterson" Suit Over Debt Collection
GW PHARMACEUTICALS: Faces "Urban" Securities Suit in New York
GW PHARMA: Investors Have Until March 21 to Register Complaint

HOLLISTER CO: "Garcia" Sues Over Unfair Work Scheduling, Last Pay
HUDSON INSURANCE: Doesn't Properly Pay Laborers, Suit Claims
JPS COMPLETION: "Bazan" Suit Seeks to Recover Overtime Pay
KMART CORP: Faces "Dorton" Suit for Alleged Violation of ECOA
LAM RESEARCH: Spoleto Corp Seeks to Block Merger with KLA-Tencor

LAWRENCE EQUIPMENT: Violated Labor Code, "Rodriguez" Suit Claims
LIBERTY MUTUAL: "McKercher" Suit Asserts Labor Code Violations
LUSH COSMETICS: Sued in C.D. Cal. Over Automatic Renewal Policies
MASONRY ASSOCIATION: "Agafonoviene" Seeks to Recover Unpaid OT
MOUNTAIN EQUIPMENT: Recalls Bicycles With Front Disc Brakes

NATURAL HEALTH: Faces "Ford" Securities Class Action in Cal.
NEXT GENERATION: "Lopez" Suit Seeks Damages & OT Pay Under FLSA
NTC FINANCIAL: Violated TCPA, "Meyer" Suit Claims
NUCLETRON BV: Recalls Oncentra External Beam/Oncentra Brachy 4.5
NV ENERGY: Class Action Uncertain Amid New Solar Rate Plan

ORLEANS PARISH: Deputies' Class Action Over Unpaid OT Can Proceed
PENN WEST: Enters Into Class Action Settlement Agreements
PERFORMANCE PRESSURE: Faces "Newton" Suit for FLSA Violation
PHILIPS MEDICAL: Recalls Allura Xper Systems
PIPELINE PRODUCTION: Sued Over Failure to Refund Festival Tickets

PRIMERO MINING: Rosen Law Firm Files Securities Class Action
PRO DOC: Recalls Pantoprazole Tablets Due to Noncompliance
PROSPECT MEDICAL: "Ratliff" Suit Asserts TCPA Violations
REDI SERVICES: Violated FLSA, "Lopez" Suit Claims
RENSSELAER COUNTY, NY: To Settle Jail Strip-Search Suits

RITE RUG: Faces "Morales" Suit Alleging Violations of FLSA
ROADRUNNER INTERMODAL: "Phillips" Suit Claims Labor Code Breaches
ROVELL MOBILE HOME: "Nieves" Suit Seeks OT Wages Under FLSA
SAFEWAY: Judge Set to Decide on Tuna Underfilling Suit in April
SALSA CON FUEGO: Faces Lawsuit Under FLSA, New York Labor Law

SAN BERNARDINO COUNTY: "Denkin" Suit Seeks to Recover OT Pay
SANJEL (USA): Faces "Pelton" Suit Seeking Overtime Pay Under FLSA
SCHLUMBERGER TECH: "Levy" Suit Seeks Overtime Wages Under FLSA
SEARS CANADA: Recalls L.E.D. Light Strings Due to Shock Hazard
SEE'S CANDY: Faces Class Action Over Mislabeled Kosher Chocolates

SHINHAN BANK: Faces Class Action Over Alleged CD Rate Fixing
SINGING RIVER: Retirees' Attorneys Want Judge Cited for Contempt
SKIP HOP: Recalls Projection Crib Mobiles Due to Injury Hazard
SOGNO TOSCANO: "Larson" Sues Over Unpaid OT Pay, Missed Breaks
SOLIS RESTAURANT: Violated FLSA, "Castillo" Suit Claims

SPOTIFY: Files Motion to Strike Lowery's Class Action Claims
SUBARU: Recalls Legacy, Outback Vehicle Models Due to Injury Risk
SUZUKI: Recalls Gladius 650 (SFV650A) 2013 and 2015 Models
TOPPERS INTERNATIONAL: Former Exotic Dancer Files FLSA Suit
TORRES CREDIT: Violated TCPA & RFDCPA, "Gusman" Suit Claims

TOTAL HOMECARE: "Castex" Suit Seeks to Recover Overtime Pay
TRANSILVANIA TRADING: Recalls Triple Ginger Brew
TWIN TIER: Faces Suit Alleging Fair Labor Standards Act Violation
TWO DIMITRIS: "Flores" Suit Seeks Unpaid Wages Under Labor Law
TYSON FOODS: Supreme Court Justices Split on Class Action Issue

UBER: French Criminal Case Shows Flaws in Expansion Strategy
UNITED STATES: Hedge Fund Manager Funds Tea Party Group
UNITED STATES: Veterans Express Concern Over UCLA Stadium Deal
UNIVERSITY OF TENNESSEE: Peyton Manning Named in Class Action
URSINUS COLLEGE: Norovirus Outbreak Sickens More Than 200 People

VELIKA LLC: Faces "Soriano" Suit Under FLSA, New York Labor Law
WARE DISPOSAL: "Sandoval" Suit Seeks to Recover Unpaid Wages
WESTERN STAR: Recalls 4900 Truck 2015 & 2016 Models

* Dirty Oil Sparks RICO Class Action in Puerto Rico
* FDA Set to Issue Decision on Antibacterial Soaps in September



                         Asbestos Litigation

ASBESTOS ALERT: Care Capital Maybe Subject to Environmental Laws
ASBESTOS ALERT: Nexeo Could Be Subject to Asbestos-Related Claims
ASBESTOS UPDATE: David Cameron Urged to Close Asbestos Loophole
ASBESTOS UPDATE: Study Probes Asbestos in Sumas River Sediment
ASBESTOS UPDATE: Couple Files Suit Against 70+ Companies

ASBESTOS UPDATE: Calif. Court Flips Summary Judgment to 3 Cos.
ASBESTOS UPDATE: Woman Blames Illness on Dad's Overalls
ASBESTOS UPDATE: Asbestos Found in Debris at Old Dura Plant
ASBESTOS UPDATE: Christchurch Library Site Has Asbestos
ASBESTOS UPDATE: Italian Case Puts Spotlight on Honorary Degree

ASBESTOS UPDATE: Plaintiffs in 4 Suits Set for Separate Trials
ASBESTOS UPDATE: Sikorsky Exposure Suit Seeks Monitoring
ASBESTOS UPDATE: Pa. Jury Awards $1MM in Millwright Death
ASBESTOS UPDATE: North Dakota High Court Rejects "Take-Home" Suit
ASBESTOS UPDATE: Exposed Orlando Firefighters Not Warned

ASBESTOS UPDATE: Widow Alleges Exposure Caused Husband's Death
ASBESTOS UPDATE: Widow Demands Answers After Husband's Death
ASBESTOS UPDATE: Anderson County Mortality Rates High
ASBESTOS UPDATE: Senate Committee Ponders Trust Transparency
ASBESTOS UPDATE: SNP Demand Fair Deal for all Forces Victims

ASBESTOS UPDATE: Bayer, Georgia Pacific Try to Duck RI Suit
ASBESTOS UPDATE: Feds Not Ready to Release Asbestos Data
ASBESTOS UPDATE: Bldg Sites Contaminated by Chinese Asbestos
ASBESTOS UPDATE: Ex-Shipyard Worker Diagnosed with Cancer
ASBESTOS UPDATE: EPA Has Final Cleanup Plan for Libby

ASBESTOS UPDATE: Asbestos-Laced Imports Put Tradies at Risk
ASBESTOS UPDATE: Weather Blamed for Asbestos Problem in Hospital
ASBESTOS UPDATE: Navy Head Had "Snowball Fights" With Asbestos
ASBESTOS UPDATE: Man Dies Due to Asbestos Exposure
ASBESTOS UPDATE: Retired Horse Breeder Exposed to Asbestos

ASBESTOS UPDATE: Construction Firm Fined for Improper Removal
ASBESTOS UPDATE: Melbourne Tram Substations Have Asbestos
ASBESTOS UPDATE: Digby Brown Lawyers Win Landmark Asbestos Case
ASBESTOS UPDATE: Owners Accused of Jeopardizing Workers' Health
ASBESTOS UPDATE: DA Probes Potential Violation at Dick Bruhn Bldg

ASBESTOS UPDATE: Ruling Opens Door for Victims to Get More Pay
ASBESTOS UPDATE: Former Derby Laborer Battles Asbestosis
ASBESTOS UPDATE: Ford Spent $40MM to Reshare Asbestos Science
ASBESTOS UPDATE: Court Dismisses Inmate's Civil Rights Suit
ASBESTOS UPDATE: "Ahnert" Suit Proceeds to Trial Against WEPCO

ASBESTOS UPDATE: Court Grants John Crane's $866 Deposition Cost
ASBESTOS UPDATE: Crane Wins Summary Judgment Bid in "Dandridge"
ASBESTOS UPDATE: GM Not Entitled to Judgment in "Dennis"
ASBESTOS UPDATE: Police Officer's Retaliation Claim Junked
ASBESTOS UPDATE: 12 NY Prison Officers Dropped from Inmates' Suit

ASBESTOS UPDATE: Exposure Affidavits Not Discoverable in RI Suit
ASBESTOS UPDATE: Court Declines to Vacate Ruling in "Baumgartner"
ASBESTOS UPDATE: 7 Companies Win Summary Judgment in "Dumas"
ASBESTOS UPDATE: ACL Wins Summary Judgment in "Watts"
ASBESTOS UPDATE: Excelsior Loses Summary Judgment Bid in "Watts"

ASBESTOS UPDATE: Goodyear Loses Summary Judgment Bid in "Watts"
ASBESTOS UPDATE: "Watts" To Remain in Illinois Dist. Court
ASBESTOS UPDATE: All Parties in "Watts" Must Attend Conference
ASBESTOS UPDATE: Widow Loses Service Connection Appeal
ASBESTOS UPDATE: Toro Co. Continues to Defend Claims

ASBESTOS UPDATE: Sears Holding Continue to Face Investigations
ASBESTOS UPDATE: Deere & Co. Still Has Product Liability Suits
ASBESTOS UPDATE: Joy Global Has 3,512 Product Liability Suits
ASBESTOS UPDATE: CMCO Still Seeks Dismissal from Magnetek Suits
ASBESTOS UPDATE: CMCO Has $6.8MM Liability at Dec. 31

ASBESTOS UPDATE: Fund Set Up to Resolve Grinnell Liabilities
ASBESTOS UPDATE: Tyco Int'l Had 3,100 Claims Pending at Dec. 25
ASBESTOS UPDATE: Tyco Int'l Had $27MM Liability at Dec. 25


                            *********

ABSOLUTE LAWN: "Bridges" Suit Seeks to Recover Unpaid Overtime
--------------------------------------------------------------
Tony Bridges, Jonas Theophile, Derek Chairs, and Juan Calderon, on
behalf of themselves and all others similarly situated v. Absolute
Lawn Care LA, LLC, Case No. 2:16-cv-00448 (E.D. Lo., January 19,
2016) seeks to recover unpaid overtime wages, liquidated damages,
and attorney's fees and costs pursuant to the Fair Labor Standard
Act.

Absolute Lawn Care LA, LLC owns and operates a lawn care &
landscaping company.

The Plaintiff is represented by:

      Christopher L. Williams, Esq.
      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


ALCATEL-LUCENT: Faces "Coleman" Suit Alleging ERISA Violation
-------------------------------------------------------------
Mark Coleman, individually and on behalf of his minor child, M.C.,
and on behalf of a proposed class of similarly situated
individuals, v. Alcatel-Lucent USA, Inc., United Healthcare
Services, Inc., Case 2:16-cv-00108-SGC (N.D.Ala., January 01,
2016), arises under the Employee Retirement Income Security Act.

Alcatel-Lucent provides products and innovations in IP and cloud
networking, as well as ultra-broadband fixed and wireless access.

The Plaintiff is represented by:

     William W. Smith, Esq.
     W. Cone Owne, JR, Esq.
     SMITH ALSPAUGH OWEN, P.C.
     1100 Financial Center
     505 20th Street N.
     Birmingham, AL 35203
     Phone: (205) 324-8910
     Fax: (205) 324-8929
     E-mail: wsmith@smithalspaugh.com
             cowen@smithalspaugh.com


AMERICAN HONDA: Faces Suit Alleging Breach of Express Warranty
--------------------------------------------------------------
Daniel Dobbs, Greg Delaney, and Sean Rickard, On Behalf Of
Themselves And All Others Similarly Situated, v. American Honda
Motor Company, Inc., Case 2:16-cv-00456 (C.D.Cal., January 21,
2016), alleges causes of action for breach of express warranty,
violations of the federal Magnuson-Moss Warranty Act, and seeks
declaratory relief under the Declaratory Judgment Act.

American Honda Motor produces cars, trucks, motorcycles, jets,
engines, ATVs, and power equipment in the US.

The Plaintiffs are represented by:

     Michael D. Braun, Esq.
     BRAUN LAW GROUP, P.C.
     10680 W. Pico Blvd., Suite 280
     Los Angeles, CA 90064
     Phone: (310) 836-6000
     Fax: (310) 836-60106
     E-mail: service@braunlawgroup.com

        - and -

     Roy A. Katriel, Esq.
     THE KATRIEL LAW FIRM, P.C.
     4225 Executive Square, Suite 600
     La Jolla, CA 92037
     Phone: (858) 242-5642
     Fax: (858) 430-3719
     E-mail: rak@katriellaw.com


ANTHEM BLUE: "Krieger" Suit Alleges Anticompetitive Conduct
-----------------------------------------------------------
Mark Krieger, on behalf of himself and all others similarly
situated v. Anthem Blue Cross Blue Shield of Indiana, et al., Case
No. 2:16-cv-00020-WTL-DKL (S.D. Ind., January 19, 2016) is an
action for damages as result of anticompetitive conduct BCBS-IN
has taken in its illegal efforts to establish and maintain
monopoly power through market allocation agreements between and
among BCBS-IN, the Individual Blue Plans, and Blue Cross and Blue
Shield Association (BCBSA).

Anthem Blue Cross Blue Shield of Indiana is the health insurance
plan operating under the Blue Cross and Blue Shield trademarks and
trade names in Indiana.

The Plaintiff is represented by:

      Charles R. Watkins, Esq.
      GUIN, STOKES & EVANS, LLC
      321 S. Plymouth Ct., Suite 1250
      Chicago, IL 60604
      Telephone: (312) 878-8391
      E-mail: charlesw@gseattorneys.com

         - and -

      David J. Guin, Esq.
      Tammy M. Stokes, Esq.
      GUIN, STOKES & EVANS, LLC
      300 Richard Arrington Jr. Blvd. North
      Suite 600 / Title Building
      Birmingham, AL 35203
      Telephone: (205) 226-2282
      Facsimile: (205) 226-2357
      E-mail: DavidG@gseattorneys.com
              tstokes@gseattorneys.com


ARCHIE A VAN ELSLANDER: "Owens" Suit Alleges FLSA Violation
------------------------------------------------------------
Patrick R. Owens v. Archie A. Van Elslander, CACE-16-000385 (Fla.
Circ., Broward County), seeks recovery of unpaid overtime
compensation and/or regular time owed to Plaintiff under the Fair
Labor Standards Act.

The Plaintiff is represented by:

     Scott M. Behren, Esq.
     Behren Law Firm
     2893 Executive Park Drive, Suite 110
     Weston, FL 33331
     Phone: (954) 636-3802
     Fax: (772) 252 2265
     E-mail: Scot@behrenlaw.com


ASPEN NATIONAL: Accused of Wrongful Conduct Over Debt Collection
----------------------------------------------------------------
Irving S. Cohen, individually and on behalf of all others
similarly situated v. Aspen National Collections, et al., Case No.
3:16-cv-00044-PGS-DEA (D.N.J., January 5, 2016) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.

Aspen National Collections is a debt collection agency with
specialized expertise in consumer debt collections for companies
involved in timeshare or vacation ownership resorts, educational
loans, utility cooperatives and other niches.

The Plaintiff is represented by:

      Ari Hillel Marcus, Esq.
      MARCUS ZELMAN LLC
      1500 Allaire Avenue, Suite 101
      Ocean, NJ 07712
      Telephone: (732) 695-3282
      Facsimile: (732) 298-6256
      E-mail: ari@marcuszelman.com


BANK OF AMERICA: "Colon" Suit to Recover Overtime Pay
--------------------------------------------------------------
David Colon, individually and on behalf of all others similarly
situated, Plaintiff, v. Bank of America, N.A., Defendant, Case No.
6:16-cv-00018 (D. Ariz., January 7, 2016), seeks compensatory and
liquidated damages on all wages and overtime pay owed, reasonable
attorneys' fees and further equitable relief in violation of the
Fair Labor Standards Act, 29 U.S.C. Sec. 201, et seq.

David Colon is a Senior Customer Service Specialist in a call
center operated by Defendant located at 2727 S. 48th Street, in
Tempe, Arizona. He seeks overtime pay for work rendered before and
after they login to their system including completing customer
orders, finishing customer service calls, logging back into the
phone system, re-booting their computers and initializing software
programs.

Bank of America, N.A. is a banking and financial services company
and operates telephone call centers through Aerotek, Inc., a
staffing agency.

      James X. Bormes, Esq.
      LAW OFFICE OF JAMES X. BORMES, P.C.
      8 South Michigan Avenue, Suite 2600
      Chicago, IL 60603
      Tel: (312) 201-0575
      Email: jxbormes@bormeslaw.com

           - and -

      Thomas M. Ryan, Esq.
      LAW OFFICE OF THOMAS M. RYAN, P.C.
      35 East Wacker Drive, Suite 650
      Chicago, IL 60601
      Tel: (312) 726-3400
      Email: tom@tomryanlaw.com

           - and -

      Michelle R. Matheson, Esq.
      Matheson & Matheson, P.L.C.
      15300 North 90th Street, Suite 550
      Scottsdale, AZ 85260
      Tel: (480) 889-8951
      Email: mmatheson@mathesonlegal.com


BARCLAYS BANK: Frontpoint Alleges Sterling LIBOR Manipulation
-------------------------------------------------------------
Frontpoint European Fund, L.P., and Richard Dennis, on behalf of
themselves and all others similarly situated, v. Barclays Bank
PLC, Barclays Capital Inc., Cooperatieve Centrale Raiffeisen-
Boerenleenbank B.A., Deutsche Bank AG, Lloyds Banking Group PLC,
The Royal Bank Of Scotland PLC, UBS AG, And John DOE NOS. 1-50,
Case 1:16-cv-00464 (S.D.N.Y., January 21, 2016), alleges unlawful
combination, agreement, and conspiracy to fix and restrain trade
in, and intentional manipulation of, the Sterling London Interbank
Offered Rate ("Sterling LIBOR") and the prices of Sterling LIBOR-
based derivatives during the period of at least January 1, 2005
through at least December 31, 2010.

Barclays Bank is the flagship subsidiary of global financial group
Barclays PLC.

The Plaintiffs are represented by:

     Geoffrey M. Horn, Esq.
     Vincent Briganti, Esq.
     Peter St. Philip, Esq.
     Sitso W. Bediako, Esq.
     Raymond Girnys, Esq.
     Christian P. Levis, Esq.
     Michelle E. Conston, Esq.
     LOWEY DANNENBERG COHEN & HART, P.C
     One North Broadway
     White Plains, NY 10601
     Phone: (914) 997-0500
     Fax: (914) 997-0035
     E-mail: ghorn@lowey.com
             vbriganti@lowey.com
             pstphilip@lowey.com
             sbediako@lowey.com
             rgirnys@lowey.com
             clevis@lowey.com
             mconston@lowey.com

        - and -

     Christopher Lovell, Esq.
     Victor E. Stewart, Esq.
     Benjamin M. Jaccarino, Esq.
     LOVELL STEWART HALEBIAN JACOBSON LLP
     61 Broadway, Suite 501
     New York, NY 10006
     Phone: (212) 608-1900
     Fax: (212) 719-4677
     E-mail: clovell@lshllp.com
             vestewart@lshllp.com
             bjaccarino@lshllp.com


BMW OF NORTH: Faces "Myers" Suit Over Comfort Access Feature
------------------------------------------------------------
Kieva Myers, individually, and on behalf of a class of similarly
situated individuals, v. BMW Of North America, LLC, BAYERISCHE
MOTOREN WERKE AKTIENGESELLSCHAFT, Case 3:16-cv-00412 (N.D.Cal.,
January 24, 2016), was brought on behalf all persons in California
who purchased or leased model year 2008 through 2015 BMW X5
vehicles equipped with the comfort access feature.  The suit
alleges violations of Business and Professions Code, Fraud, Breach
of Implied Warranty and Violation of Consumer Legal Remedies Act.

BMW NA is engaged in the business of designing, manufacturing,
constructing, assembling, marketing, distributing, and selling
automobiles and other motor vehicles and motor vehicle components
throughout the United States of America.

The Plaintiff is represented by:

     Robert L. Starr, Esq.
     THE LAW OFFICE OF ROBERT L. STARR, APC
     23901 Calabasas Road, #2072
     Calabasas, CA 91302
     Phone: (818) 225-9040
     Fax: (818) 225-9042
     E-mail: robert@starrlaw.com

        - and -

     Stephen M. Harris, Esq.
     THE LAW OFFICE OF STEPHEN M. HARRIS, APC
     6320 Canoga Avenue, Suite 1500
     Woodland Hills, CA 91367
     Phone: (818) 924-3103
     Fax: (818) 924-3079
     E-mail: stephen@smh-legal.com


BOEING: Faces Class Actions Over Accounting Practices
-----------------------------------------------------
According to Fool, Bloomberg reported that Boeing has come under
investigation by the SEC.

Citing unnamed sources, Bloomberg says a whistleblower has sicced
the SEC on Boeing, where it will dig into "programmed accounting"
practices. That sounds scary, but what it basically means is that
the regulator is questioning how Boeing calculates the development
costs on its 787 Dreamliner and 747-8 jumbo jet, how Boeing
applies those costs to the revenues it receives for selling the
planes over time, and how it comes up with a resulting number for
the profit it earns on each airplane.

Simply put: Boeing does it one way; the SEC thinks maybe they need
to do it differently.

Sharks in the water

The lawyers, of course, began circling immediately.  Four separate
class action suits have already been filed, and more are probably
on the way.


BUILDING SERVICE: "Varela" Suit Seeks to Recover Unpaid Overtime
----------------------------------------------------------------
Jose Varela and Elida Gonzales, individually and on behalf of
those similarly situated v. Building Service Industries, LLC, et
al., Case No. 600037/2016 (N.Y. Super. Ct., January 5, 2016) seeks
to recover unpaid overtime wages and spread of hours compensation
pursuant to the New York Labor Law.

Building Service Industries, LLC operates a janitorial service
company located at 626 RXR Plaza Fl.6 W, Room 697, Uniondale, New
York 11556 and 225 Montauk Hwy, Moriches, New York 11955.

The Plaintiff is represented by:

      Michael A. Tompkins, Esq.
      LEEDS BROWN LAW, P.C.
      One Old Country Road Suite 347
      Carle Place, NY 11514
      Telephone: (516) 873-9550


C & J ENERGY: Faces "Roses" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Joey Roses, Fredy Ramos, and Oscar Rincon v. C & J Energy
Services, Inc., and Casedhole Solutions, Inc., Case No. 5:16-cv-
000429 (W.D. Tex., January 15, 2016) is brought against the
Defendant for failure to pay overtime wages in violation of the
Fair Labor Standard Act.

The Defendants provide products and services in the oil and gas
industry, throughout the United States in those areas in which
fracking is a viable business.

The Plaintiff is represented by:
      Josh Sanford, Esq.
      SANFORD LAW FIRM, PLLC
      One Financial Center
      650 S. Shackleford Road, Suite 411
      Little Rock, AR 72211
      Telephone: (501) 221-0088
      Facsimile: (888) 787-2040
      E-mail: josh@sanfordlawfirm.com


CHICAGO, IL: "Ferenzi" Suit Seeks to Recover Unpaid Overtime
------------------------------------------------------------
Joseph Ferenzi, individually and on behalf of other similarly
situated members of the Chicago Police Department v. City of
Chicago, Case No. 1:16-cv-00783 (N.D. Ill., January 19, 2016)
seeks to recover unpaid overtime wages and damages pursuant to the
Fair Labor Standard Act.

The City of Chicago is a municipal corporation under the State of
Illinois.

The Plaintiff is represented by:

      Paul D. Geiger, Esq.
      Ronald C. Dahms, Esq.
      Sean C. Starr, Esq.
      LAW OFFICES OF PAUL D. GEIGER
      540 W. Frontage Road, Suite 3020
      Northfield, IL 60093
      Telephone: (312) 609-0060


CIGNA CORP: Retirees Set to Receive Compensation This Year
----------------------------------------------------------
Mara Lee, writing for Hartford Courant, reports that a lawsuit
over changes to Cigna's pension has gone on so long that 1,000 of
the former employees have died, but the lawyer who brought the
class-action suit said retirees and employees will finally get
paid this year.

Fifteen years after Cigna Corp. employees and former employees
first sued over 1998 changes to the company pension plan, a
federal court ordered the company in January to provide a list of
all 27,000 people in the class-action lawsuit and how much each
one is owed.  There are 3,620 Connecticut residents in the
lawsuit.

The conversion from a pension to a cash balance plan was legal,
and did not discriminate against older workers, a U.S. District
judge in New Haven found.  But because the way the company
described the changes was misleading, the court found Cigna liable
for paying for what they are owed from the original pension,
frozen at the end of 1997, plus additions to the lump sums the
pensions were converted to.

A Cigna spokesman declined to comment for this article, but after
its first court loss in 2008, the company said it continued "to
believe that we treated all employees fairly and appropriately."
The company has reserved $189 million for this case and a much
smaller case in New Jersey, according to its most recent annual
report.

In the case of a pension, employees are promised a certain
percentage of their final salaries, based on years of service.
With cash balance plans, employers promise to contribute a certain
percentage of an employee's salary each year, and that a
hypothetical account representing that amount will grow at a
certain interest rate.  At retirement, employees can choose to
take a lump sum or buy an annuity, which provides a lifetime
income stream.

"Unfortunately for all concerned, the literature describing these
changes -- including a summary plan description -- overstated the
benefits . . . and concealed that the new plan resulted in a net
reduction in benefits," said employment lawyer Paul Mollica, with
New York firm Outten & Golden.

A 15-Year Case

As part of the conversion, Cigna made assumptions about how much
cash would be enough to create the same size annuity at retirement
age, but did not include the spousal survivor benefit, which only
covered people hired before the end of 1988, in its calculations.

And, because of the assumptions it made about the future careers
of workers, there could be several years when additional service
credits and interest on the cash balance still weren't enough to
get employees back to where they were under their original
pension.  That kind of conversion formula was later outlawed.

If workers left before the cash balance grew large enough to equal
the pension at the time it was terminated, they did get the cash
value of the original pension when they left.  But that meant they
didn't accrue any benefits for those years.  That's what happened
to Gisela "Gigi" Broderick, a West Hartford resident who is one of
the three women whose names are on the lawsuit.

Ms. Broderick worked for Cigna from 1987 to 1997 and then from
2000 to 2004.

Cigna decided to protect long-time, middle-aged and older workers
by letting them keep the pension and Broderick fell into that
group. But because she rejoined the company after the change, she
was moved into the cash balance when she was rehired.

After she returned to Cigna in 2000, she wanted to know the
assumptions used to determine how her cash balance account would
grow until she was ready to retire.

"I'm a math major. I know present value," she said, referring to
the concept in finance of how much you would need today to produce
a certain income stream in the future.  "They wouldn't give me the
formula," she said, telling her: "This is too difficult."

"I was irate because they thought they could do this behind
people's back," she said.

A Precedent for Other Cases

When Cigna lost its case at the Supreme Court, the justices sent
it back to Connecticut to finalize what was owed the workers and
former workers.  Cigna and the former employees both appealed the
next ruling, and January's ruling settled those claims

There are roughly 2,000 to 2,500 in the lawsuit who are still
working at Cigna, according to Washington, D.C. attorney Stephen
Bruce, who represents them.

Ms. Broderick, who was a well-paid manager at Cigna, used the cash
balance lump sum to buy an annuity when she left work in 2004,
which pays about $1,900 a month.  Whatever settlement she gets in
the end -- which should be something in the neighborhood of 7
percent of her last four years of pay, plus interest, minus 17.5
percent for attorney fees -- she plans to give to her grown
children, who live in Connecticut.

"I am doing it for all these people, secretaries who were making
$30,000, who took a lump sum when an annuity was worth more," she
said.  "There are a lot of people who don't really understand.
That was what Cigna was counting on, that people were ignorant."

Mr. Bruce, who also represented Hilton employees in a pension case
that took 15 years to resolve and ended up netting $145 million,
said he's proud of what he's been able to do for thousands of
workers.

But it's not just them, "but also the precedents we've
established."  About 16,000 Footlocker employees won last year
based on this case's precedent, and that's one of more than a half
dozen cases, he said.


CONSOLIDATION COAL: Motions Filed in Mine Explosion Class Action
----------------------------------------------------------------
Matt Harvey, writing for The Exponent Telegram, reports that
lawyers for the estate of the chief electrician at a Marion County
mine when a deadly 1968 mine explosion occurred are asking a judge
to dismiss the estate from a lawsuit pending in federal court.

The motion asking U.S. District Judge Irene M. Keeley to dismiss
the estate notes a ruling last September by Harrison Circuit Judge
John Lewis Marks Jr.

Marks held that the Harrison County Commission had wrongly
reopened the chief electrician's estate and appointed Harrison
Sheriff Albert Marano to administer it.

Marks denied a motion to stay the order pending appeal to the
state Supreme Court.  And the circuit court's order "has been
recorded in the County Commission of Harrison County closing the
estate," wrote the lawyers representing the estate's interests.
This all adds up to the estate of the chief electrician no longer
having "the legal capacity to be sued," the estate's attorneys
wrote.  "Therefore, this court must dismiss it as a defendant."
Attorneys representing the families of the 78 miners killed in the
Farmington No. 9 blast are suing the chief electrician's estate
and Consolidation Coal Co. over the explosion.  They're opposing
the motion to dismiss.

First, the attorneys for the plaintiffs contend it would be
improper for Judge Keeley to rule on the motion to dismiss without
first resolving a motion to remand.  The plaintiffs have the
latter motion pending, trying to get the lawsuit back to Marion
County Circuit Court, where it was at until lawyers for
Consolidation Coal Co. moved it to U.S. District Court.

Also, the ruling by Judge Marks has been appealed to the state
Supreme Court, their filing notes.  Therefore, Judge Keeley should
hold off ruling on a motion to dismiss until the West Virginia
appeals court reaches its decision, the plaintiffs' lawyers
assert.

And if Judge Keeley decides to rule on the motion by the chief
electrician's estate rather than waiting, the law still is on
their side, the plaintiffs' lawyers contend.

Consolidation Coal Co.'s lawyers filed a legal brief in support of
the motion to dismiss. It states simply that Consolidation Coal
Co. "agrees with the arguments set forth in the motion to dismiss"
filed on behalf of the chief electrician's estate.

At the crux of the case: Has the statute of limitations expired?
Or was there fraud perpetrated behind the scenes to cover up
wrongdoing involving safety at the mine that only recently could
have been discovered?

MSHA investigated the explosion from 1970 through 1990, eventually
concluding that methane had accumulated the day before the blast
due to inadequate ventilation that may have been nonexistent in
some areas.  MSHA hasn't given a reason for what sparked the
blast.

Ninety-nine individuals were working in the mine at the time of
the explosion, according to the lawsuit.  Fifty-nine of the 78
bodies were recovered before all entrances were sealed in 1978.

Nineteen remain buried in the mine.

Consolidation Coal Co. was purchased by Murray Energy in late
2013.


CONTINENTAL AUTOMOTIVE: Faces Class Action Over Defective Air Bag
-----------------------------------------------------------------
Celia Ampel, writing for Daily Business Review, reports that a
Honda recall notice for Accord sedans might have been easy to miss
since it went out the same day as a recall for 2.2 million
vehicles with Takata air bags.

But a separate air bag defect affecting about 341,000 Honda
Accords also deserves scrutiny, according to a Palm Beach Circuit
Court class action.  The plaintiffs claim air bag manufacturer
Continental Automotive Systems knew about its defect for years and
Honda failed to properly test the air bags.

"Many automobile manufacturers will often rely on the component
part manufacturer to do the inspecting," said one of the
plaintiffs lawyers, Poorad Razavi -- prazavi@clarkfountain.com --
of Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin in West
Palm Beach.  Mr. Razavi and colleague Don Fountain teamed up with
West Palm Beach attorneys Jeff Liggio -- jliggio@liggiolaw.com --
and Geoff Stahl -- gstahl@liggiolaw.com -- from Liggio Benrubi on
the case.

The National Highway Traffic Safety Administration announced a
recall on Feb. 4 of 5 million vehicles that use Continental air
bags, including cars made by Honda, Fiat Chrysler and Mercedes-
Benz.  A Continental spokeswoman did not respond to a request for
comment by deadline.

The defect came to light after a car accident last year when a
2008 Honda Accord driver's air bag failed to deploy, Mr. Razavi
said. NHTSA investigated the problem and linked it to Continental
air bags in Honda Accords made in 2008, 2009 and 2010.

The coating used in the air bag control module didn't properly
protect the module from moisture, NHTSA found.

The system goes on the fritz when it gets wet, Mr. Razavi said.
That problem also affects the seat belt pretensioner, which takes
the slack out of a seat belt to protect drivers and passengers in
an accident.

The nationwide class action lawsuit assigned to Palm Beach Circuit
Judge Cheryl Caracuzzo was filed Jan. 12, three weeks before the
Honda recall.  So far, the proposed class would include current
and former owners and lessees of 2008, 2009 and 2010 Honda
Accords.

The plaintiffs allege economic damages arising from repairs and
diminished resale values. Claims include breach of warranty,
concealment of a design defect, failure to warn, failure to test
and negligent misrepresentation.

Honda's recall notice on Feb. 10 said the Continental air bag
defect has caused two injuries.  Accord owners with cars made in
the affected years can have the problem fixed for free but not
until the parts become available this fall.

Mr. Razavi said Honda seemed to be "burying" the Continental
recall by issuing it the same day as the latest recall for Takata
air bags, which is part of the biggest auto safety recall in
history.

"You know that the Takata recall is going to get all of the
attention," he said.

A Honda spokesman did not respond to a request for comment by
deadline.

Mr. Razavi said he hopes the lawsuit will draw attention to the
need for transparency among automakers.


CVS CAREMARK: Rolls Back Drug Price; Class Action Pending
---------------------------------------------------------
Jay Olstad and Steven Eckert, writing for KARE 11 News, report
that a major company has rolled back the price of a potentially
life-saving prescription drug after the news agency's
investigation.

But the decision has some people asking how often we're being
overcharged on other medicines.

It started with Curt Burshem.

Back in November he told KARE 11 CVS Caremark had jacked up the
price for a prescription drug a family member needed for a kidney
disorder.

"When I see a company doing this crap, it makes me insane," he
said.

But, now, CVS has reversed the price high.

"Justice had been served," Mr. Burshem told the news agency.

When Mr. Burshem originally went to the CVS pharmacy in Maple
Grove last Spring, the initial 30-day supply cost about $.87 per
pill.

But when he followed his insurance company's advice and ordered a
90-day supply through the mail, CVS Caremark increased the price
to more than $6 a pill.

That's when Mr. Burshem contacted KARE 11.  The news agency showed
his bills to one of the nation's leading experts on prescription
pricing.

"This particular case is a perfect example of a shell game," said
Dr. Stephen Schondelmeyer, who heads the Department of
Pharmaceutical Care and Health System at the University of
Minnesota.

Professor Dr. Schondelmeyer told KARE 11 it is one of the ways the
prescription drug industry "games" the system.

And after our story aired, CVS rolled back the price and gave
Mr. Burshem a refund.

"Surprisingly, Caremark dropped their price," Mr. Burshem said. "I
was grateful for that."

CVS Caremark dropped the price from more than $6 a pill to just
74-cents a pill, even lower than the original 30-day supply.

Huge Fraud on the Government'

Was the price hike Curt uncovered the tip of the iceberg?

"It's a huge fraud on the government and on us," says Minneapolis
attorney Jim VanderLinden.

He was one of the lawyers who filed a law suit in 2008 accusing
CVS of defrauding Medicaid by over-charging on prescriptions.

"They're taking more money than they deserve," he said.

CVS was supposed to charge the government the same low price it
gave some private insurance plans.  But Twin Cities pharmacist
Stephani LeFlore noticed they weren't and blew the whistle.

"Fortunately Stephani looked at it and said, 'this is wrong'," Mr.
VanderLinden said.

CVS denied wrong-doing claiming it wasn't intentional, but the
company agreed to pay $17.5 million to settle the suit.  Some of
that money went to Minnesota, reimbursing the state for the
overcharges.

Walgreens settled a similar suit.

Just last year a federal class action lawsuit accused CVS of
"fraud" for not giving people who have private insurance the same
low price they charge people without insurance who sign up for a
so-called prescriptions savings club that anybody can join.

"You're a preferred club member by raising your hand. Everyone and
anyone is eligible," Mr. VanderLinden said.

CVS denies doing anything wrong.  And so does Kmart pharmacies.
They were sued for using prescription clubs to avoid giving
insurance customers low prices, too.  Both lawsuits are still
pending.

"The pharmacies admit they're doing it, but they just come up with
the argument that because they call it a prescription savings club
they can do it because that's not the general public," he said.

It's costing us all

And one way or another, all of this is costing money.  Lots of it.

"The overall cost is going up pretty tremendously," said
Carolyn Pare, President and CEO of Minnesota Health Action Group.

Her organization advocates for local companies that pay a big
chunk of their employees' health insurance.

As health costs continue to rise, some businesses wonder whether
they're victims of prescription price-gouging, too.

"This could be the straw that breaks the camel's back.  This is so
hugely expensive," she said.  She estimates heath care now makes
up about 18 percent of company budgets.

For the last several months, the group has met with employers for
hours at a time trying to untangle the complicated issue of
prescription drug costs.

"It's harder to follow the money because, I'll characterize it
this way, the supply chain is extremely convoluted," she said.

"At the end of the day, every consumer pays for this," she said.
"This isn't something that goes away. All of us are feeling the
pinch."

Meanwhile, Mr. Burshem has a tough time trusting prescription
prices.

"It kind of opened my eyes a lot," he said.

Opened his eyes and his employer's.

"They actually said they were glad that I brought it forward,
because it revealed some other issues with other drugs that they
were doing this on," he said.


DAYBREAK VENTURE: "Kirk" Suit Seeks to Recover Unpaid OT Wages
--------------------------------------------------------------
Jamie Kirk v. Daybreak Venture, LLC a/k/a Frankston Healthcare
Center, L.P., Case No. 2:16-cv-00064 (E.D. Tex., January 19, 2015)
seeks to recover unpaid wages, overtime, liquidated damages, all
available equitable relief, attorney fees, and litigation
expenses/costs, including expert witness fees and expenses
pursuant to the Fair Labor Standard Act.

Daybreak Venture, LLC owns and operates a nursing home located at
401 N. Elm Street, Denton, TX 76201.

The Plaintiff is represented by:

      Bob Whitehurst, Esq.
      BOB WHITEHURST LAW FIRM
      5380 Old Bullard Road
      Suite 600, #363
      Tyler, TX 75703
      Telephone: (903)593-5588
      E-mail: whitehurstlawfirm@yahoo.com


DELMONICO'S ITALIAN: Workers File Minimum Wage Class Action
-----------------------------------------------------------
Larry Rulison, writing for Times Union, reports that workers at
Delmonico's Italian Steakhouse, which has locations in Colonie and
Clifton Park, claim management circumvented minimum wage laws by
forcing bartenders and servers who work for tips to do cleaning,
food prep and other jobs that pay higher wages.

The suit, originally filed in September in U.S. District Court in
Rochester but transferred on Feb. 9 to the Northern District of
New York, which has a courthouse in Albany, comes amid an attempt
by Gov. Andrew Cuomo to raise the minimum wage to $15 an hour.

The issue is expected to be fiercely debated during the upcoming
state Legislature session and follows several recent increases to
the minimum wage.

Two employees of Delmonico's Colonie location, Jessica Varno and
Derek Toussaint, are named as plaintiffs in the complaint, which
seeks class action status.

Another two plaintiffs have since been added: Melanie Gallipali
and Lesley Diana Joy, although their work location could not
immediately be identified.

The attorney for the plaintiffs, Brian Schaffer of the New York
City employment law firm of Fitapelli & Schaffer, could not be
reached on Feb. 15.  His firm filed a similar case against
Dinosaur Bar-B-Que last year.

The Delmonico's workers claim they should have been paid the
higher minimum wage because they were forced to do work for two
hours a day that kept them from getting tips and entitled them to
higher wage rates.  They also claim they were not paid overtime
wage rates and that management shared a portion of their tips with
non-tipped workers.

Full-scale restaurants are allowed to pay workers like servers and
bartenders a lower minimum wage because they earn tips.  In New
York state, the minimum wage for these types of workers is $7.50
an hour, while the statewide minimum wage is $9 an hour, although
fast-food workers are paid $9.50 an hour upstate.

The law assumes that bartenders and servers are earning at least
$1.50 an hour in tips.

Delmonico's has locations in Colonie, Clifton Park, Utica,
Syracuse, Orlando, Fla., and Rochester.

Because the suit moved courts recently, Delmonico's has until this
week to file an answer.  Owner John Wade II is listed as the
defendant.

Called at his Utica office, Mr. Wade was not immediately
available. His attorney, Craig Benson -- cbenson@littler.com --of
Littler Mendelson in New York City, could not immediately be
reached for comment either.


DEPUY ORTHOPEDICS: Files Suit v. ACC Over Hip Implant Claims
------------------------------------------------------------
Deidre Mussen, writing for Stuff.co.nz, reports that Hawke's Bay
man Kerry Sellwood, 75, is fighting ACC to accept his medical
injury claim for getting a faulty De Puy ASR hip implant.

Chronic pain after numerous surgeries because of a faulty hip
implant forces the Hawke's Bay ex-navy man to down 16 painkillers
a day.

"One time, my wife had to ring 111 because I was unconscious with
pain," the 75-year-old says.

His life started turning into a nightmare within six months of
having a metal-on-metal hip implant in 2008 to ease his
osteoarthritis pain.  After many patients worldwide suffered major
problems with the same type of hip replacements, British-based
manufacturer De Puy, a subsidiary of medical giant Johnson &
Johnson, recalled its articular surface replacement (ASR) implants
in 2010.

Since then, the Accident Compensation Corporation has accepted 75
of the 85 treatment injury claims for patients who had the
recalled ASR implants by last October 30, but has rejected 10
patients' claims.

Mr. Sellwood and four others with rejected claims are taking their
fight to the Wellington District Court this week in a bid to
overturn ACC's decision, after all five had unsuccessfully
appealed against its rulings.

He is one of a group of Kiwis who joined a class action in Britain
to sue De Puy, but the courts rejected their bid because they can
gain ACC compensation in New Zealand.  As a result, he joined 19
other Kiwi claimants in filing court action in the High Court in
Wellington in December to sue De Puy in New Zealand.

In January, ACC said it had paid out $1,036,912 to 67 ASR hip
claimants up until the end of last year.  That averaged more than
$15,000 per person.

But Mr. Sellwood says he is not out for money.  He just hopes his
court case will succeed and helps others in the same or worse
predicament.

"Really, it's to make sure other people don't have to go through
what we are going through.  I just feel a bit depressed at times
that ACC won't do anything at all."

After 27 years in the navy, he started a catering business with
his wife in Hawke's Bay.

His hip replacement was supposed to be a wonder panacea, but
within six months, he was in worse pain and eventually he had to
retire.

After his surgeon contacted him in 2010 about the implant recall,
he had it replaced with another type, but that also started
causing him serious pain within three or four months after the
revision surgery.

His hip has been cut open five more times since the first hip
replacement to try to resolve his pain, leaving his hip with
tissue and nerve damage.  Nothing has worked.

"I'm in pain 24/7 and can't do anything without taking pills."

Mr. Sellwood lives with wife Heather in Waipukurau, but avoids
driving further than a kilometre or two because he fears his
strong pain drugs risk making him unsafe behind the wheel.

"It's just awful," he says of his life's restrictions.

Brittany Peck -- brittany.peck@jmlaw.co.nz -- of John Miller Law,
said Mr. Sellwood and the other four patients were arguing that
their faulty hip implants were treatment injuries.

"We are saying [ACC] is applying the legislation too rigidly. If
you have a defective product implanted in you, that is a personal
injury and you should have cover for that.  No-one would consent
to having a product put in them that has such a bad rap and
there's a world recall.

"[ACC] is meant to be a safety net for people here, but they're
being left out of it."

On Feb. 16, an ACC spokeswoman said it was unable to comment
publicly because the cases were currently being considered by the
court.


DICK'S SPORTING: Faces "Nghiem" Suit for Alleged TCPA Violation
---------------------------------------------------------------
Phillip Nghiem, individually and on behalf of a class of similarly
situated individuals, v. Dick's Sporting Goods, Inc., and DOES 1-
10, inclusive, Case 8:16-cv-00097 (C.D.Cal., January 22, 2016),
alleges violation of the Telephone Consumer Protection Act.

Dick's Sporting Goods, Inc. operates sporting goods stores
throughout the United States and sells a variety of sporting goods
directly to consumers.

The Plaintiff is represented by:

     Walter J. Lack, Esq.
     Paul A. Traina, Esq.
     Ian P. Samson, Esq.
     ENGSTROM, LIPSCOMB & LACK
     10100 Santa Monica Boulevard, 12th Floor
     Los Angeles, CA 90067-4113
     Phone: (310) 552-3800
     Fax: (310) 552-9434
     Email: wlack@elllaw.com
            ptraina@elllaw.com
            isamson@elllaw.com

        - and -


     Brian J. Soo-Hoo, Esq.
     LAW OFFICES OF BRIAN J. SOO-HOO
     601 Parkcenter Drive, Suite 105
     Santa Ana, CA 92705-3543
     Phone: (714) 589-2252
     Fax: (714) 589-2254
     E-mail: soohoolaw@gmail.com


DILIGENT CORPORATION: Class Action Mulled Over Insight Merger
-------------------------------------------------------------
Shareholder rights attorneys at Robbins Arroyo LLP are
investigating the proposed acquisition of Diligent Corporation by
Insight Venture Partners (Private). On February 15, 2016, the two
companies announced the signing of a definitive merger agreement
pursuant to which Insight will acquire Diligent. Under the terms
of the agreement, Diligent shareholders will receive $4.90 in cash
for each share of Diligent common stock.

Is the Proposed Acquisition Best for Diligent and Its
Shareholders?

Robbins Arroyo LLP's investigation focuses on whether the board of
directors at Diligent is undertaking a fair process to obtain
maximum value and adequately compensate its shareholders.

As an initial matter, the $4.90 merger consideration represents a
premium of only 25% based on Diligent's closing price on
February 8, 2016.  This premium is significantly below the average
one day premium of nearly 46.9% for comparable transactions within
the past five years.  Further, the $4.90 merger consideration is
below the target price of $5.05 set by an analyst at Forsyth Barr
on October 21, 2015.  In the last three years, Diligent traded as
high as $6.60 on May 3, 2013, and most recently traded above the
merger consideration -- at $4.95 -- on October 3, 2013.

On November 10, 2015, Diligent reported strong earnings results
for its third quarter 2015.  For the quarter ended September 30,
2015, total revenue was $24.9 million, an increase of 16% compared
with $21.4 million in the third quarter of 2014.  In commenting on
these results, Diligent President and Chief Executive Officer
Brian Stafford remarked, "We continued to build strong sales
momentum in the third quarter, which from a bookings perspective
was the largest quarter in gross sales that we have had in two
years, led by significant upsells from our existing customers.  We
are still building momentum in our new growth markets with nearly
as many newly signed customers in those markets in Q3 as we had
signed in the first half of the year.  In addition, our new D&O
product module has received robust interest and early sales
traction from our customers. From an operational perspective, we
continue to be focused on implementing sustainable systems and
process improvements -- such as our recent deployment of
salesforce.com and Marketo -- that will allow us to efficiently
scale and support our rapid growth."  On October 20, 2015,
Diligent announced that it acquired all assets of BoardLink, a
Software-as-a-Service (SaaS) provider of board and leadership team
collaboration solutions, from Thomson Reuters for approximately
$10 million in an all cash transaction.  The acquisition of
BoardLink added more than 250 customers and approximately 9,000
users to Diligent.

In light of these facts, Robbins Arroyo LLP is examining
Diligent's board of directors' decision to sell the company now
rather than allow shareholders to continue to participate in the
company's continued success and future growth prospects.

Diligent shareholders have the option to file a class action
lawsuit to ensure the board of directors obtains the best possible
price for shareholders and the disclosure of material information.
Diligent shareholders interested in information about their rights
and potential remedies can contact attorney Darnell R. Donahue at
(800) 350-6003, ddonahue@robbinsarroyo.com  or via the shareholder
information form on the firm's website.

Robbins Arroyo LLP is a securities litigation and shareholder
rights law firm.  The law firm represents individual and
institutional investors in shareholder derivative and securities
class action lawsuits.


DOLLAR GENERAL: Nebraska Consumers Sue Over Motor Oil
-----------------------------------------------------
David Earl, writing for KETV, reports that Nebraska has joined the
growing list of states with consumers who've joined a class action
lawsuit against bargain store Dollar General.

Lawyers for a plaintiff from Otoe County filed the complaint in
Nebraska's federal court on Feb. 10.

They're hoping to sign up "all persons in the state" who bought a
certain kind of Dollar General brand motor oil.

Lawyers claim the motor oil Dollar General sold under its store
brand name was "obsolete," and "can actively damage, modern-day
automobiles."

The issue was investigated recently by ABC News.

ABC reporters found the brand of motor oil -- DG 10W-30 and DG
10W- 40 -- on the automotive shelves in Dollar General stores.  On
the back of the bottle, the label on the oil said the product was
not intended for use in engines built after 1988.

Plaintiffs are now suing Dollar General for deceptive advertising
practices, saying the company hid that warning in fine print.

"Dollar General places its in-house brand motor oils on the same
shelves, in the same or similar quantities as PEAK, Pennzoil,
Castrol and other legitimate motor oils that are suitable for
modern-day automobiles," the lawsuit alleges.  "The only apparent
difference is the price, as Dollar Generals' motor oils are less
expensive than the others."

In a statement to ABC, Tennessee-based Dollar General defended its
products:

"For more than 75 years, Dollar General has been committed to
providing our customers quality products at everyday low prices.
We are confident that our DG-branded motor oil products meet not
only our standards for quality and value, but also all applicable
federal and state labeling requirements where they are sold."

"In addition, the labeling on these products contains obvious and
unambiguous language regarding the products' intended and
appropriate use.  Dollar General intends to vigorously defend
against the claims raised in the recently-filed lawsuits regarding
these products, including the filing of motions seeking their
dismissal."

Dollar General also takes issue with the term "obsolete," used not
only by plaintiffs attorneys, but also automotive experts. The
discount store says there are "millions" of cars on the road built
before 1988 that can use the motor oil it sells under the DG
label.

The Petroleum Quality Institute of America says bad motor oil is a
problem.

"There are engine oils and transmission fluids currently on the
shelves at auto parts stores, convenience stores, food stores, and
other retail outlets that can cause harm to your car's engine and
transmission," the institute posted in a warning to consumers.


DOLAN COMPANY: Dismissal of "Rand-Heart" Suit Reversed in Part
--------------------------------------------------------------
The United States Court of Appeals for the Eighth Circuit affirmed
in part and reversed in part the ruling of the district court
dismissing the putative class action that was brought by Rand-
Heart of New York, Inc, on behalf of purchasers of Dolan Company's
securities between August 1, 2013 and January 2, 2014.

In the class action suit, Rand-Heart alleged that Dolan made
material misrepresentations and omission's about the financial
stability of its subsidiary, DiscoverReady.  The district court
granted Dolan's motion to dismiss, finding that Rand-Heart failed
to allege scienter under section 10(b) and Rule 10b-5, thereby
precluding secondary liability under the control-person theory of
section 20(a).  The district court also held that Rand-Heart
failed to establish loss-causation for the period between November
12, 2013 and January 2, 2014.

The Eighth Circuit held that the district court erred in
dismissing the section 10(b) and Rule 10b-5 claim for failure to
state a claim, and thus also erred in dismissing secondary
liability claim under section 20(a).  The Eighth Circuit found
that Dolan's August 1 statements are not protected by the
Securities Exchange Act's safe-harbor provision because, even if
the statements were "forward-looking," they were not meaningfully
cautionary.  The Eighth Circuit further found that the complaint
also sufficiently alleged that Dolan had actual knowledge that the
statements were, at least, misleading.

The Eighth Circuit, however, found that the district court did not
err in finding no loss-causation for the period between November
21 and January 12.

The case is Rand-Heart of New York, Inc.; Michael Rodolico; Ian
Henderson; Antonino Floridia; Matthew Dudevoir; David Hall; Tammy
Hall, individually and on behalf of all others similarly situated,
Plaintiffs-Appellants, v. James P. Dolan; Vicki J. Duncomb,
Defendants-Appellees, No. 15-1838 (8th Cir.).

A full-text copy of the Eight Circuit's February 10, 2016 opinion
is available at http://is.gd/1QNeBpfrom Leagle.com.

                    About the Dolan Company

Minneapolis, Minn.-based The Dolan Company (OTC:DOLN) and its
subsidiaries provide professional services and business
information to the legal, financial and real estate sectors.

The Dolan Company and several affiliates sought Chapter 11
bankruptcy protection (Bankr. D. Del. Case Nos. 14-10614 to
14-10637) on March 23, 2014.  The Company has said it expects to
emerge from bankruptcy within two months.

Judge Brendan L. Shannon oversees the cases.  Marc Kieselstein,
P.C., Jeffrey D. Pawlitz, Esq., and Joseph M. Graham, Esq., at
Kirkland & Ellis LLP, serve as the Debtors' counsel.  Timothy P.
Cairns, Esq., Laura Davis Jones, Esq., and Michael Seidl, Esq., at
Pachulski Stang Ziehl & Jones LLP, serve as local counsel.

Kevin Nystrom serves as the Company's chief restructuring officer.

Faegre Baker Daniels LLP serves as the Debtors' special counsel;
Peter J. Solomon Company serves as financial advisors; and
Kurtzman Carson Consultants, LLC, serves s noticing and balloting
agent.

Deloitte Tax LLP serves as tax advisors.  Zolfo Cooper LLC also
serves as advisors.

Dolan listed $236.2 million in total assets and $185.9 million in
total debts at Sept. 30, 2013.  The petitions were signed by Vicki
J. Duncomb, authorized signatory.

Global investment management firm T. Rowe Price Associates, Inc.,
owns nearly 10% of the company's stock, while James Dolan owns
6.8%.

Dolan's e-discovery business, DiscoverReady LLC, did not file a
chapter 11 petition and its operations will not be affected by the
chapter 11 process.

On March 18, 2014, Dolan and its lenders and certain of its swap
counterparties executed a restructuring support agreement that
sets forth the material terms of the chapter 11 restructuring and
secures the support of the secured creditors for that process. In
accordance with the RSA, the Company commenced solicitation for
votes on the chapter 11 plan from secured creditors, the only
parties entitled to vote under the plan of reorganization.

The chapter 11 plan contemplates that the secured lenders will
become the owner of DiscoverReady and The Dolan Company upon the
completion of the restructuring process and each business will be
operated as separate and distinct entities.  Investment funds
managed by Bayside Capital, Inc. will become the majority owner of
DiscoverReady and The Dolan Company.  Bayside Capital is an
affiliate of H.I.G. Capital, a global private investment firm with
more than $15 billion of equity capital under management.

The chapter 11 plan process will allow the filing subsidiaries of
the Company to deleverage its capital structure by reducing its
projected secured debt obligations from approximately $170 million
to approximately $50 million.  The RSA also secures support from
the lenders to refinance DiscoverReady's capital structure with a
$10 million unfunded secured revolving facility.  The existing
preferred and common shares will be cancelled and will not receive
a recovery in the chapter 11 plan.  After emergence from
bankruptcy, both The Dolan Company and DiscoverReady LLC will be
privately held companies.

The lenders are to provide a $10 million DIP loan to fund the cash
needs of the Company and DiscoverReady through the reorganization
process.

Bayside Capital is represented in the case by Akin Gump Strauss
Hauer & Feld LLP's Michael S. Stamer, Esq., and Sarah Link
Schultz, Esq.

An Official Committee of Equity Security Holders is represented by
Neil B. Glassman, Esq., GianClaudio Finizio, Esq., and Justin R.
Alberto, Esq., at Bayard, P.A., in Wilmington, Delaware; Robert J.
Stark, Esq., at Brown Rudnick LLP, in New York; and Steven B.
Levine, Esq., at Brown Rudnick LLP, in Boston, Massachusetts.

The Debtors have filed a request to disband the Equity Committee,
given the "hopeless insolvency" of their estates.

Dolan Company and its subsidiaries on June 12 disclosed that they
have emerged from chapter 11 only 81 days after voluntarily filing
for bankruptcy protection.  As previously announced, the United
States Bankruptcy Court for the District of Delaware confirmed the
Company's plan of reorganization on June 9, 2014.


DOMESTIC LINEN: Faces "Bouyer" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Jonathon Bouyer, Individually and as representative of all
similarly situated employees v. Domestic Linen Supply And Laundry
Company, Domestic Linen Supply and Laundry Company and Domestic
Uniform Rental, Case No. 1:16-cv-00120-JG (N.D. Ohio., January 19,
2016) is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standard Act.

The Defendants provide commercial linen and uniform services for
businesses at 160 locations nationwide.

The Plaintiff is represented by:

      Joseph F. Scott, Esq.
      Ryan A. Winters, Esq.
      SCOTT & WINTERS LAW FIRM, LLC
      The Superior Building
      815 Superior Avenue E., Suite 1325
      Cleveland, OH 44114
      Telephone: (440) 498-9100
      E-mail: jscott@ohiowagelawyers.com
              rwinters@ohiowagelawyers.com


DYNAMIC RECOVERY: Illegally Collects Debt, Action Claims
--------------------------------------------------------
Leila Ledesma-Apolinario, on behalf of herself and all others
similarly situated v. Dynamic Recovery Solutions, LLC, et al.,
Case No. 2:16-cv-00031 (D.N.J., January 4, 2016) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.

Dynamic Recovery Solutions, LLC operates a credit counseling
service company.

The Plaintiff is represented by:

      Glen H. Chulsky, Esq.
      Joseph K. Jones, Esq.
      LAW OFFICES OF JOSEPH K. JONES, LLC
      375 Passaic Avenue
      Fairfield, NJ 07004
      Telephone: (973) 227-5900
      E-mail: g.chulsky@att.net
              jkj@legaljones.com


DYNAMIC RECOVERY: Illegally Collects Debt, "Sanchez" Suit Claims
----------------------------------------------------------------
Jose Sanchez, on behalf of himself and all others similarly
situated v. Dynamic Recovery Solutions, LLC, et al., Case No.
2:16-cv-00036 (D.N.J., January 4, 2016) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.

Dynamic Recovery Solutions, LLC operates a credit counseling
services company in New Jersey.

The Plaintiff is represented by:

      Joseph K. Jones, Esq.
      JONES, WOLF & KAPASI, LLC
      375 Passaic Avenue, Suite 100
      Fairfield, NJ 07004
      Telephone: (973) 227-5900
      Facsimile: (973) 244-0019
      E-mail: jkj@legaljones.com


ELITE CARE: Does Not Properly Pay Employees, "Ferreira" Suit Says
-----------------------------------------------------------------
Diego Ferreira, on behalf of himself and on behalf of all others
similarly situated v. Elite Care LLC and Leasa Flannigan, Case No.
8:16-cv-00131-SCB-EAJ (M.D., Fla., January 19, 2015) is brought
against the Defendants for failure to pay minimum and overtime
wages in violation of the Fair Labor Standard Act.

The Defendants own and operate a cleaning service in Largo,
Pinellas County, Florida.

The Plaintiff is represented by:

      Donna V. Smith, Esq.
      WENZEL FENTON CABASSA, PA
      1110 North Florida Avenue, Suite 300
      Tampa, FL 33602FU
      Telephone: (813) 224-0431
      Facsimile: (813) 229-8712
      E-mail: dsmith@wfclaw.com
              mcambronero@wfclaw.com


ELITE OPPORTUNITIES: Class Action Likely Over Cancelled Event
-------------------------------------------------------------
Valley News Live reports that it was supposed to showcase young
talent from the U.S. and Canada right in the Red River Valley. But
that apparently didn't happen.  Elite Opportunities Football
Scouting hosted an event at the Alerus Center in Grand Forks.  It
was supposed to be two days of practices and training ending with
three games on Feb. 14.  But those promises apparently never came
to be.

Some kids came from as far away as British Columbia for the chance
to train with the pros and compete against other elite athletes.
A Whistleblower alerted us to the situation, saying that Elite
Opportunities Football Scouting wasn't delivering at the 2016
International Futures All-Star Game.  In screenshots of their
Facebook page, which have since been deleted, you could see the
frustration. One person said there was no shuttle, no food, no
scouts no film and no jerseys. Another person called the weekend a
disappointment and a fraud, saying they never got what they paid
for, the boys are disappointed and this whole experience was a
nightmare.

According to a spokesman for the Tri-City North Stars, a semi-pro
football team in Grand Forks, about 160 kids and their parents and
fans were notified about 11 am Sunday that three games scheduled
were not happening.  And that's when the North Stars stepped up,
offering equipment and personnel so the athletes could get at
least one game in.  But the North Stars said they could not get
ahold of anyone with Elite Opportunities.

One angry parent called out Will Mattis, saying how dare he fraud
so many of their children calling him a "scum bag".  Will Mattis
is billed as the President of Elite Opportunities.

Via phone late on Feb. 15, Mr. Mattis said everybody was quick to
jump to conclusions and nobody wanted to hear the honest truth. He
said the biggest reason he cancelled the remainder of the game was
over an issue with funds frozen in a PayPal account and their
jersey manufacturer.  Mr. Mattis said he contacted his
manufacturer, asking if the person could complete the order and
start before the money cleared.  The person responded yes, but
several days later, according to Mr. Mattis began hounding him for
the money.  Mr. Mattis said the money cleared on his end, but the
manufacturer's online account where the money was supposed to be
deposited was not linked to an actual bank account or a real
address, therefore it was taking longer to process. Again, this
was despite assurances from the manufacturer that the order was
being completed on time.  By Feb. 14, it was clear that wasn't
going to happen and Mr. Mattis said that's when he made the
decision.

Mr. Mattis said for the last three months he's made this event a
full time job and that this was not a scam.  He added if he was
trying to scam people, he wouldn't have even shown up.  He said
he's continually lost money over the last few days and he is
expecting a class action lawsuit to be filed against him
personally.  Mr. Mattis said he did apologize to the players,
coaches and event attendees.  Mr. Mattis added that over $20,000
had already been refunded.

The Tri City North Stars Communications Director, Christopher
Larson, issued a statement on Feb. 14 regarding the scheduled
exhibition games, originally scheduled for Feb, 14, that were
cancelled late morning on Feb. 14.

"The Tri City North Stars, as an organization, are disappointed in
the chain of events that led up to the cancellation of this past
weekend's game at the Alerus Center.  While we were merely a
participant in one of the games, we feel bad for the hundreds of
student-athletes that were promised a game by Elite Opportunities
Football Scouting (EOFS)."

The North Stars were notified of the cancellation on the morning
of Feb. 14 by EOFS officials.

In addition to being a participant in the contest, according to
Tri City North Stars owner and head coach James Kern, the North
Stars' normal officiating crew were planning to be on hand to
officiate the games, along with the game day staff of the North
Stars.

"We were able to provide jerseys for one of the games, so at least
some of the players were able to see some action," Mr. Kern said.

EOFS held a two-day training camp on Feb. 12 and Feb. 13, as
scheduled, according to Mr. Kern.


EOS PRODUCTS: Falsely Marketed Lip Balm, "Caggiano" Suit Says
-------------------------------------------------------------
Nicole Emily Caggiano, on behalf of herself and all others
similarly situated v. EOS Products, LLC and Does 1-10, Case No.
1:16-cv-00408 (S.D.N.Y., January 19, 2016) is an action for
damages as a proximate result of the Defendant's negligent and
wrongful conduct in connection with the design, development,
manufacture, testing, packaging, promoting, marketing,
distribution, labeling, and sale of defective lip balm designed,
manufactured, marketed, advertised, and sold by EOS in the State
of New York and throughout the United States.

EOS Products, LLC is a New York LLC that provides beauty products.

The Plaintiff is represented by:

      Raymond C. Silverman, Esq.
      PARKER WAICHMAN LLP
      6 Harbor Park Drive
      Port Washington, NY 11050
      Telephone: (516) 466-6500
      Facsimile: (516) 466-6665
      E-mail: rsilverman@yourlawyer.com


ETHICON: Court Hears Closing Arguments in Pelvic-Mesh Trial
-----------------------------------------------------------
Max Mitchell, writing for The Legal Intelligencer, reports that
the attorney representing the plaintiff in the ongoing pelvic-mesh
trial in Philadelphia hammered the device makers during his
closing argument for their alleged failure to tell doctors and
patients about the erosion rates of the device and the risk of
permanent harm.

During closing arguments on Feb. 9, Kline & Specter attorney
Shanin Specter told the jury in Carlino v. Ethicon that the
company's conduct was "beyond reckless."

According to Mr. Specter, leaders at Ethicon had been aware that
the pelvic mesh device had high failure rates, but they did not
put the information in the medical literature, and they placed
concerns about sales over patient safety.

"It is conclusive evidence of reckless disregard.  Reckless,
reckless, reckless. You know these things, and you don't act.  You
don't fix the product. You don't decline to sell it.  You don't
tell doctors about the risk, and you don't tell patients about the
risks," Mr. Specter told the jury of eight women and four men.
"It's the epitome of recklessness.  It's why they built this
courthouse, and this courtroom, and why you got a court summons.
You've got to straighten it out.  It's as simple as that."

The closings came after more than two weeks of trial in
Philadelphia Court of Common Pleas Judge Kenneth Powell's
courtroom focusing on the claims of plaintiff Sharon Carlino, who
had an Ethicon-manufactured pelvic mesh device implanted in her in
2005 to combat her urinary incontinence.  Ms. Carlino has alleged
that the device failed because it was negligently designed, and
that its failure led her to suffer permanent pain during sex.

Mr. Specter told the jury the mesh was defective because its pores
were too small, it had a tendency to degrade, it was overly
friable because it was cut by a machine and not a laser, and the
mesh can erode through the patient's tissue.

According to Mr. Specter, the small pores of the mesh often caused
a reaction where, instead of growing regular tissue around the
mesh, hardened scar tissue developed, which caused the mesh to
bunch.  Mr. Specter said heads of Ethicon, which is a Johnson &
Johnson subsidiary, had known of the bunching problem when the
product was launched, and they had also received numerous reports
of the mesh breaking apart in patients' bodies, but they did not
change the labeling materials to warn doctors.

"What do they care about? They care about marketing.  They care
about sales.  They weren't caring about safety," Mr. Specter said.

Mr. Specter contended that safer alternatives to the mesh had been
used at the time -- including mesh with thinner pores and a
procedure, known as the Burch procedure -- that involved placing
two sutures to address the incontinence.

Mr. Specter said the jury had been told the Burch procedure had
"stood the test of time."

"They were insistent on fixing something that wasn't broken.  Why?
To make money," Mr. Specter said.  "Let's come up with a solution
that is worse than the current situation."

However, counsel for Ethicon, Butler Snow attorney William Gage
-- william.gage@butlersnow.com -- argued many of the facts of Ms.
Carlino's case did not add up.

Gage focused on Ms. Carlino's medical records to attack the claim
that the mesh caused the claimed injuries.  Mr. Gage noted that
Ms. Carlino's complaints were primarily on the right side;
however, he said the mesh had been removed from her right side in
2010, and only remained on Ms. Carlino's left side.  Mr. Gage
further noted that she had prior medical reports of pain and
muscle spasms in her right leg and back, and that a doctor had
diagnosed her with vaginal atrophy and pelvic floor muscle spasms.

"If the mesh is causing her pain on the right side, why isn't it
causing pain on the left side where all the mesh remains?"
Mr. Gage asked.  "How can it be a substantial factor if it's
nowhere near the place where it needs to be?"


FACEBOOK INC: Faces Class Action Over Unauthorized Birthday Texts
-----------------------------------------------------------------
Jeff John Roberts, writing for Fortune, reports that a Florida man
claims Facebook broke a federal law by sending unauthorized text
messages about friends' birthdays, and is seeking up to $1,500 per
message on behalf of himself and other Facebook users.

In a proposed class action suit filed on Feb. 12, Colin Brickman
claims the Facebook birthday texts violated the Telephone Consumer
Protection Act, a law that limits telemarketing and automatic
dialing systems.

According to the lawsuit, Facebook never obtained permission to
send texts to Mr. Brickman's cell phone, but nonetheless sent a
message that read, "Today is Jim Stewart's birthday. Reply to post
a wish on his Timeline or reply with 1 to post 'Happy Birthday!'"

Mr. Brickman claims such birthday messages, which Facebook sends
to users who have given the company their phone number, are a form
of marketing that is only permitted with a user's express written
consent.

"Facebook sent bulk and impersonal text messages by an autodialer
to cell phones like Plaintiff's, using standard response prompts.
Every prompt solicits the receiver to engage on Facebook.  This
lawsuit is for the thousands of persons who did NOT give Facebook
prior express consent," say the complaint.

In an email, a spokesperson for Facebook declined to comment on
the lawsuit.

If Facebook can't prove it had permission to send the messages,
the social network could be on the hook for millions in damages.
Under the telemarketing law, consumers can seek $500 per violation
or $1,500 if they can show the violation was willful.
If the case goes forward, Facebook would not be the first company
whose text messages have run afoul of the telemarketing law.  In
the last year, Western Union agreed to pay $8.5 million to resolve
a class action over unsolicited text messages while Uber and Yahoo
are currently in court over similar lawsuits.

The Federal Communications Commission has also become more
aggressive about text-based marketing, posting a notice last year
to remind consumers that unauthorized texts are illegal except in
the case of an emergency.


FIRST STEP: Accused of Wrongful Conduct Over Debt Collection
------------------------------------------------------------
Tova Hartman, individually and all other similarly situated
consumers v. First Step Group LLC, Case No. 1:16-cv-00021-AMD-CLP
(E.D.N.Y., January 4, 2016) seeks to stop the Defendant's unfair
and unconscionable means to collect a debt.

First Step Group LLC operates a financial service company with its
principal place of business located at 6300 Shingle Creek Pkwy,
Brooklyn Center, MN 55430.

The Plaintiff is represented by:

      David Palace, Esq.
      LAW OFFICES OF DAVID PALACE
      383 Kingston Avenue, #113
      Brooklyn, NY 11213
      Telephone: (347) 651-1077
      Facsimile: (347) 464-0012
      E-mail: davidpalace@gmail.com


FOOD FOR HEALTH: "Lliguichuzhca" Suit Seeks to Recover OT Pay
-------------------------------------------------------------
Celio N. Lliguichuzhca, Ruben Hernandez, Erik Fernando Gonzalez,
and Homar Flores Ramales, on behalf of themselves and other
similarly situated employees, Plaintiffs, v. Food For Health, Inc
and Youcef Guernah, Defendants, Case No. 1:16-cv-00127 (S.D.N.Y.,
January 7, 2016), seeks to recover unpaid wages, unpaid overtime
compensation, liquidated damages, prejudgment and postjudgment
interest and attorneys' fees and costs pursuant to the Fair Labor
Standards Act, as amended, 29 U.S.C. Sec. 201, et seq. and the New
York Labor Law, as well as unpaid spread of hours premiums
pursuant to the New York Labor Law and liquidated damages and
statutory penalties pursuant to the New York Wage Theft Prevention
Act.

Lliguichuzhca, Ramales and Gonzalez worked as stock persons and
general helpers for Defendants' vitamins and supplements store.
They all claim to have rendered in excess of 40 hours per work
week without overtime compensation and alleges that the Defendant
did not maintain proper time-keeping facilities.

Food for Health is a domestic corporation, organized and existing
under the laws of the State of New York with a principal place of
business located at 1653 Third Avenue, New York, New York 10128
with Youcef Guernah as an owner, officer, director and/or managing
agent.

The Plaintiff is represented by:

      Peter H. Cooper, Esq.
      CILENTI & COOPER, PLLC
      708 Third A venue - 6th Floor
      New York, NY 10017
      Tel: (2 12) 209-3933
      Fax: (212) 209-7102
      Email: pcooper@jcpclaw.com


FORT WASHINGTON AUTO: Faces "Aquino" Suit Over Failure to Pay OT
----------------------------------------------------------------
Yunior Aquino, on behalf of himself, individually, and on behalf
of all others similarly situated v. Fort Washington Auto Body
Corp. and Thomas Surdak, Case No. 1:16-cv-00390-WHP (S.D.N.Y.,
January 19, 2016) is brought against the Defendants for failure to
pay overtime wages in violation of the Fair Labor Standard Act.

The Defendants operates a New York-based auto body shop, which
provides automobile detailing and maintenance to customers in the
Bronx, New York.

The Plaintiff is represented by:

      Michael R. Minkoff, Esq.
      Alexander T. Coleman, Esq.
      Michael J. Borrelli, Esq.
      BORRELLI & ASSOCIATES, PLLC
      655 Third Avenue, Suite 1821
      New York, NY 10017
      Telephone: (516) 248-5550


FREEDOM MORTGAGE: Illegally Collects Debt, "Cruckshank" Suit Says
-----------------------------------------------------------------
Christopher Cruckshank, on behalf of himself and all others
similarly situated v. Freedom Mortgage Corporation, Case No. 2:16-
cv-00011-LDW-AYS (E.D.N.Y., January 4, 2016) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.

Freedom Mortgage Corporation operates a mortgage lending company
located at 907 Pleasant Valley Avenue Suite 3 Mount Laurel, NJ
08054.

The Plaintiff is represented by:

      Ryan L. Gentile, Esq.
      LAW OFFICES OF GUS MICHAEL FARINELLA PC
      110 Jericho Turnpike, Suite 100
      Floral Park, NY 11001
      Telephone: (212) 675-6161
      Facsimile: (212) 675-4367
      E-mail: rlg@lawgmf.com


FRESENIUS MEDICAL: Falsely Marketed GranuFlo Products, Suit Says
----------------------------------------------------------------
Maria Dolores Mijares and Jesus Mijares, v. Fresenius Medical Care
Holdings, Inc., et al., Case No. BC606178 (Cal. Super. Ct.,
January 6, 2015) is brought against the Defendants for failure to
provide timely and adequate warnings and instructions after they
knew of the risk of injury associated with the use of GranuFlo Acid
Concentrates.

Fresenius Medical Care Holdings, Inc. operates dialysis services
and products companies in U.S and the world.

The Plaintiff is represented by:

      Ramin R. Younessi, Esq.
      LAW OFFICES OF RAMIN R. YOUNESSI
      A PROFESSIONAL LAW CORPORATION
      343 5 Wilshire Boulevard, Suite 2200
      Los Angeles, CA 90010
      Telephone: (213) 480-6200
      Facsimile: (213) 480-6201


GENERAL CHEMICAL: Tacoma City Alleges Anticompetitive Practices
---------------------------------------------------------------
CITY OF TACOMA v. GENERAL CHEMICAL CORPORATION; GENERAL CHEMICAL
PERFORMANCE PRODUCTS, LLC; CHEMTRADE LOGISTICS INC.; CHEMTRADE
CHEMICALS CORPORATION; CHEMTRADE CHEMICALS US, LLC; GENTEK, INC.;
AND FRANK A. REICHL, AND JOHN DOES 1-50, Case 3:16-cv-05057
(W.D.Wash., January 21, 2016), was brought under the Sherman Act,
the Clayton Act, for treble damages, costs of suit, and other
relief as maybe determined appropriate, on behalf a purported
Class of persons and entities who purchased liquid aluminum
sulfate.

General Chemical USA operates over 40 facilities across the United
States, serving a customer base including municipal water
treatment, general industrial production, pulp and paper, food and
beverage, agriculture and pharmaceuticals.

The Plaintiff is represented by:

     Lynn Lincoln Sarko, Esq.
     Mark A. Griffin, Esq.
     Derek W. Loeser, Esq.
     Raymond J. Farrow, Esq.
     Daniel P. Mensher, Esq.
     KELLER ROHRBACK L.L.P.
     1201 Third Avenue, Suite 3200
     Seattle, WA 98101-3052
     Phone: (206) 623-1900
     Fax: (206) 623-3384
     E-mail: lsarko@kellerrohrback.com
             mgriffin@kellerrohrback.com
             dloeser@kellerrohrback.com
             rfarrow@kellerrohrback.com
             dmensher@kellerrohrback.com


GENERAL MOTORS: Bid to Remove Lead Plaintiff Lawyers Tossed
-----------------------------------------------------------
Amanda Bronstad, writing for Law.com, reports that a federal judge
struck down a bid to remove lead plaintiffs attorneys in the GM
ignition switch litigation, saying the request smacked of "Monday
morning quarterbacking."

Southern District Judge Jesse Furman on Feb. 10 found that a
motion filed by attorney Lance Cooper to eject attorneys leading
the multidistrict litigation against General Motor Co. over
ignition switch defects lacked evidence to support what were at
times "wild accusations."

The judge also found that a second motion to probe into a
confidential settlement between one of those lawyers and GM
bordered on frivolous.

Mr. Cooper, a former member of the multidistrict litigation's
executive committee and the lawyer who first uncovered the
ignition switch defect, filed a motion last month to remove the
three lead attorneys after the plaintiff in the first bellwether
trial withdrew his case on Jan. 22 amid revelations that he might
have committed perjury and fraud.

Mr. Cooper, of The Cooper Firm in Marietta, Georgia, also filed a
motion accusing one of the lead counsel, Robert Hilliard, of
cutting a backroom deal with GM as part of a Sept. 17 settlement
of 1,380 of his clients that would ensure his own cases got
scheduled for bellwether trials.

In the Feb. 10 order, Judge Furman found that Cooper's first
motion sounded like "Monday morning quarterbacking" and that some
of his allegations were unsupported and "accusations of
impropriety and underhandedness on the part of lead counsel."

Mr. Cooper's request did "not even come close to providing a legal
basis for the drastic step of removing lead counsel in the middle
of MDL proceedings that, all things considered, have proceeded
remarkably smoothly and swiftly to date," he wrote.

Robert Hilliard of Hilliard Munoz Gonzales in Corpus Christi,
Texas

He said Mr. Cooper's second motion to reconsider his approval of
Hilliard's settlement fund bordered on frivolous given that 25
trials against GM were scheduled this year in federal and state
court involving various plaintiffs counsel--including Mr. Cooper
himself.

Mr. Cooper did not respond to a request for comment.

Mr. Hilliard, of Hilliard Munoz Gonzales in Corpus Christi, Texas,
wrote in an email: "Though Mr. Cooper's motions were intended to
distract those who are dedicated to successfully moving this
litigation forward, we never stopped working tirelessly on behalf
of the victims who suffered the deadly consequences of GM's
conduct.  We will continue our fight."

Judge Furman also warned the lawyers "to stop litigating their
grievances with one another (especially through the press) and
return to focusing on their common adversary, New GM, and on
obtaining relief for their respective clients."


GEOLOG AMERICAS: Faces "Gosnell" Suit Alleging FLSA Violation
-------------------------------------------------------------
Don Gosnell, individually and on behalf of all others similarly
situated v. Geolog Americas, Inc., Case 4:16-cv-00160 (S.D.Tex.,
January 19, 2016), seeks to recover unpaid overtime wages and
other damages under the Fair Labor Standards Act.

Geolog is an oilfield services company providing surface logging
or "mud logging" services to operators.

The Plaintiff is represented by:

     Michael A. Josephson, Esq.
     Lindsay R. Itkin, Esq.
     Andrew W. Dunlap, Esq.
     FIBICH, LEEBRON, COPELAND BRIGGS & JOSEPHSON
     1150 Bissonnet St.
     Houston, TX 77005
     Phone: (713) 751-0025
     Fax: (713) 751-0030
     E-mail: mjosephson@fibichlaw.com
             litkin@fibichlaw.com
             adunlap@fibichlaw.com

        - and -

     Richard J. (Rex) Burch, Esq.
     BRUCKNER BURCH, P.L.L.C.
     8 Greenway Plaza, Suite 1500
     Houston, TX 77046
     Phone: 713-877-8788
     Fax: 713-877-8065
     E-mail: rburch@brucknerburch.com


GLAXOSMITHKLINE: Faces "Harrison" Suit Over Zofran(R) Drugs
-----------------------------------------------------------
Karen Harrison, Individually and as Parent and Natural Guardian of
O.H., a Minor v. GlaxoSmithKline LLC, Case No. 1:16-cv-10056-FDS
(D. Mass., January 14, 2016) is an action for damages as a result
of the plaintiff's prenatal exposures to the generic bioequivalent
form of the prescription drug Zofran(R), also known as
ondansetron.

Zofran is a prescription drug that is used to treat patients who
were afflicted with the most severe nausea imaginable -- that
suffered as a result of chemotherapy or radiation treatments in
cancer patients.

GlaxoSmithKline LLC operates a pharmaceutical company located at 5
Crescent Dr., Philadelphia, PA 19112.

The Plaintiff is represented by:

      Richard A. Gurfein, Esq.
      GURFEIN DOUGLAS LLP
      11 Park Place, Suite #1100
      New York, NY 10007
      Telephone: (212) 406-1600
      Facsimile: (212) 406-4779


GLAXOSMITHKLINE: Faces "Poisson" Suit Over Zofran(R) Drugs
----------------------------------------------------------
Christine Poisson, individually and as Parent and Natural Guardian
of J.P., a Minor v. GlaxoSmithKline LLC, Case No. 1:16-cv-10057
(D. Mass., January 14, 2016) is an action for damages as a result
of the plaintiff's prenatal exposures to the generic bioequivalent
form of the prescription drug Zofran(R), also known as
ondansetron.

Zofran is a prescription drug that is used to treat patients who
were afflicted with the most severe nausea imaginable -- that
suffered as a result of chemotherapy or radiation treatments in
cancer patients.

GlaxoSmithKline LLC operates a pharmaceutical company located at 5
Crescent Dr., Philadelphia, PA 19112.

The Plaintiff is represented by:

      Richard A. Gurfein, Esq.
      GURFEIN DOUGLAS LLP
      11 Park Place, Suite #1100
      New York, NY 10007
      Telephone: (212) 406-1600
      Facsimile: (212) 406-4779


GREENSPOON MARDER: Faces "Patterson" Suit Over Debt Collection
--------------------------------------------------------------
Maureen Patterson, et al. v. Greenspoon Marder, P.A., Case No.
0:16-cv-60025 (S.D. Fla., January 4, 2016) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.

Greenspoon Marder, P.A. operates a law firm in Fort Lauderdale,
Florida.

The Plaintiff is represented by:

      Patrick Andrew Kennedy, Esq.
      FINN LAW GROUP, P.A.
      10720 72nd St, Suite 305
      Largo, FL 33777
      Telephone: (727) 214-0700
      Facsimile: (727) 475-1494
      E-mail: patrick@finnlawgroup.com


GW PHARMACEUTICALS: Faces "Urban" Securities Suit in New York
-------------------------------------------------------------
EDWARD W. URBAN v. GW PHARMACEUTICALS PLC, JUSTIN D. GOVER, and
ADAM DAVID GEORGE, Case 1:16-cv-00472 (S.D.N.Y., January 21,
2016), was brought on behalf of a class of all persons other than
defendants who purchased or otherwise acquired GW Pharmaceuticals'
American Depositary Receipts (ADRs) between December 4, 2014 and
January 8, 2016.

GW Pharmaceuticals is a biopharmaceutical company. Together with
its subsidiaries, GW Pharmaceuticals engages in discovering,
developing, and commercializing cannabinoid prescription
medicines. The Company operates in the United Kingdom, Europe, the
United States, Canada, and Asia.

The Plaintiff is represented by:

     Jeremy A. Lieberman, Esq.
     J. Alexander Hood II
     Marc Gorrie, Esq.
     POMERANTZ LLP
     600 Third Avenue, 20th Floor
     New York, New York 10016
     Phone: (212) 661-1100
     Fax: (212) 661-8665
     E-mail: jalieberman@pomlaw.com
     E-mail: ahood@pomlaw.com
             mgorrie@pomlaw.com

        - and -

     Patrick V. Dahlstrom, Esq.
     POMERANTZ LLP
     10 South La Salle Street, Suite 3505
     Chicago, Illinois 60603
     Phone: (312) 377-1181
     Fax: (312) 377-1184
     E-mail: pdahlstrom@pomlaw.com

        - and -

     Peretz Bronstein, Esq.
     BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
     60 East 42nd Street, Suite 4600
     New York, NY 10165
     Phone: (212) 697-6484
     Fax: (212) 697-7296
     E-mail: peretz@bgandg.com


GW PHARMA: Investors Have Until March 21 to Register Complaint
--------------------------------------------------------------
According to MMJ Observers' Steven Russell, a security fraud class
action lawsuit has been filed against GW Pharmaceuticals PLC in
the District Court of New York.  As per the report, the action has
been taken on behalf of all the investors who bought company's
ADRs between December 4, 2014, and January 8, 2016, and suffered
losses.  GW and few of its executives have allegedly violated
Securities Exchange Act of 1934.

Insights of Matter

Those who purchased GW Pharmaceuticals' ADRs during the class
period and suffered losses due to its activities can come forward
and get in touch with law agencies like Rigrodsky & Long, P.A and
Brower Piven.  Many more such agencies have decided to stand by
company's investors to ensure that they get justice as soon as
possible.

According to the allegations, GW Pharmaceuticals and many of its
top management executives made false promises, misleading
statements and chose not to disclose adverse results about
company's financial and operational performance.  Due to these
misleading statements, company's stock prices touched all new
heights during the class period.

Things started to unveil when The Sunday Times published a
detailed report quoting GW Pharmaceuticals disclosed in its annual
report filed with SEC that it lacked adequate internal financial
control as of September 30, 2015.  It further revealed that the
management wasn't in full control regarding valuations and
completion of clinical trial accruals.  Two major highlighted
points in this annual report were: (1) Management failed to
evaluate clinical trials' accuracy due to incorrect expenditure
allocation (2) It couldn't complete accruals related to progress
payment liabilities.

As soon as this report made it to the news paper, company's stock
dropped by 6% and continued to fall ever since.  Investors who
bought GW's ADRs suffered massive losses for the mistake they
weren't part of and knew nothing about.

Legal agencies request all those investors who suffered losses to
come forward and register their complaints on or before March 21,
2016. After this deadline, no complaint would be entertained.


HOLLISTER CO: "Garcia" Sues Over Unfair Work Scheduling, Last Pay
--------------------------------------------------------------
Maria Garcia, individually and on behalf of all others similarly
situated, Plaintiffs, v. Hollister Company and Does 1-10,
inclusive, Defendants, Case No. 2:16-cv-00154-SVW-GJS (C.D. Cal.,
January 7, 2016), seeks compensatory, economic and/or special
damages with interest, payment of unpaid wages, liquidated
damages, permanent injunction, restitution, interests, attorneys'
fees and cost of suit as well as further relief under the
California Labor Code and California's Unfair Competition Law.

The Hollister Company is a corporation duly organized and existing
under the laws of the State of Delaware, with its principal place
of business in Ohio. Hollister Company owns and operates Hollister
retail clothing stores.

Plaintiff worked as a retail sales clerk at a Hollister retail
store in Los Angeles, California. She claims to have been denied
minimum wage and reporting time compensation, compensation due and
owing upon termination or resignation and subject to unfair
scheduling policies, practices and procedures.

The Plaintiff is represented by:

      Marcus J. Bradley, Esq.
      Kiley Lynn Grombacher, Esq.
      David C. Leimbach, Esq.
      MARLIN & SALTZMAN, LLP
      29229 Canwood Street, Suite 208
      Agoura Hills, CA 91301
      Tel: (818) 991-8080
      Fax: (818) 991-8081
      Email: mbradley@marlinsaltzman.com
             kgrombacher@marlinsaltzman.com
             dleimbach@marlinsaltzman.com

           - and -

      Omid Khorshidi, Esq.
      KHORSHIDI LAW FIRM, APC
      8822 W. Olympic Blvd.
      Beverly Hills, CA 90211
      Tel: (310) 273-2211
      Fax: (310) 273-2240


HUDSON INSURANCE: Doesn't Properly Pay Laborers, Suit Claims
------------------------------------------------------------
Ahmad Balhas individually and on behalf of all other persons
similarly situated who were employed by Kapris, Inc. and/or any
other entities affiliated with or controlled by Kapris, Inc. v.
Hudson Insurance Company, Inderjeet Singh, and Kapris, Inc., Case
No. 650046/2016 (N.Y. Super. Ct., January 6, 2016) is brought
against the Defendants for failure to ensure the prompt payment to
all laborers, who perform labor and construction services at the
Kapris' Metro North Croton-Harmon Project.

Hudson Insurance Company operates an insurance company located at
100 William St, New York, NY 10038.

Kapris, Inc. operates a construction company located at 56 Spring
Street, Ste. LL, Edison, New Jersey 08820.

The Plaintiff is represented by:

      Henry C. Chan, Esq.
      WILSON & CHAN, LLP
      733 Third Avenue, 16th Floor
      New York, NY 10017
      Telephone: (646) 790-5848
      E-mail: hchan@wilsonchanlaw.com


JPS COMPLETION: "Bazan" Suit Seeks to Recover Overtime Pay
----------------------------------------------------------
Adolfo Bazan, Individually and on behalf of all others similarly
situated, Plaintiffs, v. JPS Completion Fluids, Inc., Sergio
Garza, Sonya Garza and Pedro Gonzalez, Jr., Defendants, Case No.
2:16-cv-00008 (S.D. Tex., Corpus Christi Division, January 7,
2016), seeks to recover compensation, liquidated damages,
attorneys' fees, and costs, pursuant to the provisions of Section
216(b) of the Fair Labor Standards Act of 1938, as  amended 29
U.S.C. Section 216(b).

Bazan was employed by Defendants as an Operator from May 2013
through June 2015 in its Mathis, Texas location. He claims to have
worked in excess of 40 hours per work week without overtime
compensation. Defendants allegedly did not include the non-
discretionary job bonuses/day rates in calculating Mr. Bazan's
regular rate of pay.

JPS Completion Fluids, Inc., a domestic corporation with principal
place of business in Mathis, San Patricio County, Texas, provides
chemicals and other completion fluids for the oil and gas
industry.

The Plaintiff is represented by:

      Cliff Alexander, Esq.
      Austin W. Anderson, Esq.
      Lauren E. Brady, Esq.
      PHIPPS ANDERSON DEACON LLP
      819 N. Upper Broadway
      Corpus Christi, TX 78401
      Tel: (361) 452-1279
      Email: calexander@phippsandersondeacon.com
             aanderson@phippsandersondeacon.com
             lbraddy@phippsandersondeacon.com


KMART CORP: Faces "Dorton" Suit for Alleged Violation of ECOA
-------------------------------------------------------------
William Dorton, Individually and on behalf of others similarly
situated, v. Kmart Corporation, Whynot Leasing, LLC, Case 2:16-cv-
10202-MAG-APP (E.D.Mich., January 21, 2016), alleges violations of
the Equal Credit Opportunity Act.

Kmart is a US discount retailer.

The Plaintiff is represented by:

     Michael J. Bonvolanta, Esq.
     LYNGKLIP & ASSOCIATES CONSUMER LAW CENTER, PLC
     24500 Northwestern HighWay Ste. 206
     Southfield, MI 48075
     Phone: (248) 208-8864
     E-mail: MichaelB@MichiganConsumerLaw.Com


LAM RESEARCH: Spoleto Corp Seeks to Block Merger with KLA-Tencor
----------------------------------------------------------------
Spoleto Corp., on behalf of itself and all others similarly
situated, the Plaintiff, v. Richard P. Wallace, Edward W.
Barnholt, Robert T. Bond, Klran M. Patel, Robert M. Calderon, Jol-
In T. Dickson, Kevin J. Kennedy, Robert A. Rango, Gary B. Moore,
David C. Wang, Emiko Higashi, Lam Research Corporation,
Topeka Merger Sub 1, Inc., Topeka Merger Sub 2, Inc., and Does 1-
25, inclusive, the Defendants, Case No. 15CV289552 (Cal. Super.
Ct., County of Santa Clara, December 29, 2015), seeks to enjoin
the Agreement and Plan of Merger and Reorganization (Proposed
Transaction), or in the event the Proposed Transaction b is
consummated, recover damages resulting from the Individual
Defendants' violations of their fiduciary duties, and from the
other Defendants for aiding and abetting same.

On October 21,2015, the Company announced that it had entered into
an Agreement and Plan of Merger and Reorganization (the "Merger
Agreement"), pursuant to which Lam, through Merger Sub 1 and
Merger Sub 2, will acquire KLA-Tencor for the economic equivalent
of $67.02 per share in a mixed stock and cash transaction (the
"Proposed Transaction"). KLA-Tencor stockholders may elect to
receive the economic equivalent of $32 in cash and 0.5 of a share
of Lam common stock, in all-cash, all-stock, or mixed
consideration (the "Merger Consideration"). The Proposed
Transaction is valued at $10.6 billion.

Headquartered in Milpitas, California, KLA-Tencor is a global,
capital equipment company, supplying process control and yield
management products for the semiconductor, data storage, light-
emitting diode (LED), and related nanoelectronics industries. The
Company's products, software, and services are intended for all
phases of integrated circuit production, from wafer fabrication to
advanced packaging processes.

The Plaintiff is represented by:

          Brian J. Robbins, Esq.
          Stephen J. Oddo, Esq.
          ROBBINS ARROYO LLP
          600 B Street. Suite 1900
          Telephone: (619) 525 3990
          Facsimile: (619) 525 3991
          E-mail: brobbins@robbinsanúoyo.com
                 soddo@robbinsarrovo.com


LAWRENCE EQUIPMENT: Violated Labor Code, "Rodriguez" Suit Claims
----------------------------------------------------------------
Julian Rodriguez, on behalf of himself and others similarly
situated, the Plaintiff, v. Lawrence Equipment, Inc., a California
Corporation; and Does 1-100, inclusive, the Defendant, Case No.
BC605692 (Cal. Super. Ct., County of Los Angeles, December 29,
2015), seeks to recover unpaid wages and interest, overtime pay,
statutory penalties, injunctive relief and other equitable relief,
reasonable attorney's fees pursuant to California Labor Code.

The plaintiff also seeks to recover overtime wages, double damages
and reasonable attorney fees from Defendants, jointly and
severally, pursuant to the Fair Labor Standards Act.

Lawrence Equipment manufactures food machinery. It designs,
engineers, and manufactures equipment for flat bread and fried
snacks. Lawrence Equipment serves customers worldwide. The Company
is based in South El Monte, California.

The Plaintiff is represented by:

         Joseph Lavi, Esq.
         Edith P. Castafieda, Esq.
         LAVI & EBRAHIMIAN, LLP
         8889 W. Olympic Blvd., Suite 200
         Beverly Hills, CA 90211
         Telephone: (310) 432 0000
         Facsimile: (310) 432 0001


LIBERTY MUTUAL: "McKercher" Suit Asserts Labor Code Violations
--------------------------------------------------------------
Tim McKercher, individually, and on behalf of all others similarly
situated, the Plaintiff, v. Liberty Mutual Insurance
Company, Safeco Insurance Company of America, and Does 1-50,
inclusive, the Defendants, Case No. BC605656 (Cal. Super Ct.,
County of Los Angeles, December 29, 2015), asserts violation of
the Cal. Labor Code, Private Attorneys General Act, and Unfair
Business Practices.

The plaintiff seeks to recover the greater of all actual damages
or fifty dollars for the initial pay period in which violation
occurs and one hundred dollars ($100) per employee for each
violation in a subsequent pay period, not exceeding an aggregate
penalty of four thousand dollars, and costs and reasonable
attorney fees. pursuant to

Liberty Mutual Insurance is an American diversified global
insurer, and the second-largest property and casualty insurer in
the United States. It ranks 76th on the Fortune 100 list of
largest corporations in the United States based on 2013 revenue.
Based in Boston, Massachusetts, it employs over 50,000 people in
more than 900 locations throughout the world. As of December 31,
2013, Liberty Mutual Insurance had $121.2 billion in consolidated
assets, $102.2 billion in consolidated liabilities, and $38.5
billion in annual consolidated revenue. The company, founded in
1912, offers a wide range of insurance products and services,
including personal automobile, homeowners, workers' compensation,
commercial multiple peril, commercial automobile, general
liability, global specialty, group disability, fire and surety.

The Plaintiff is represented by:

          Michael D. Seplow, Esq.
          Aidan C. McGlaze, Esq.
          SCHONBRUN SEPLOW HARRIS & HOFFMAN LLP
          723 Ocean Front Walk
          Venice, California 90291
          Telephone: (310) 396 0731
          Facsimile: (310) 399 7040
          E-mail: mseplow@gmail.com
                 amcglaze@sdshh.com

               - and -

          Michael S. Rapkin, Esq.
          Scott B. Rapkin, Esq.
          RAPKIN & ASSOCIATES, LLP
          723 Ocean Front Walk
          Venice, CA 90291
          Telephone: (310) 319 5465
          Facsimile: (310) 319 5355
          E-mail: msrapkin@gmail.com
                 scottrapkin@rapkinesq.com

               - and -

          V. James DeSimone, Esq.
          V. JAMES DeSIMONE LAW
          13160 Mindanao Way Suite 280
          Marina Del Rey, CA 90292
          Telephone: (310) 626-1487


LUSH COSMETICS: Sued in C.D. Cal. Over Automatic Renewal Policies
-----------------------------------------------------------------
Jordan Kissel, individually and on behalf of all others similarly
situated v. Lush Cosmetics NY, LLC, Case No. 2:16-cv-00412-MWF-FFM
(C.D. Cal., January 19, 2016) seeks to stop the Defendant's
practice of making automatic renewal or continuous service offers
to consumers in and throughout California and failure to present
the automatic renewal offer terms or continuous service offer
terms, in a clear and conspicuous manner and in visual proximity
to the request for consent to the offer before the subscription or
purchasing agreement was fulfilled.

Lush Cosmetics NY, LLC operates a website which markets assorted
handmade cosmetics and related products.

The Plaintiff is represented by:

      Mei-Ying Imanaka, Esq.
      NICHOLAS & TOMASEVIC, LLP
      225 Broadway, 19th Floor
      San Diego, California 92101
      Telephone: (619) 325-0492
      Facsimile: (619) 325-0496
      E-mail: mimanaka@nicholaslaw.org


MASONRY ASSOCIATION: "Agafonoviene" Seeks to Recover Unpaid OT
--------------------------------------------------------------
Laura Agafonoviene, Plaintiff, v. Masonry Association of Florida,
Inc., a Florida Non-Profit Corporation and Patrick J. McLaughlin,
individually, Defendants, Case No. 9:16-cv-80031-RLR (S.D. Fla.,
January 7, 2016), seeks to recover overtime compensation,
liquidated damages and reasonable attorney's fees and costs under
the Fair Labor Standards Act, as amended, 29 U.S.C. Sec. 216(b).

Plaintiff worked as a Member Services Administrator for Defendants
in Palm Beach County, Florida. She claims to have worked in excess
of 40 hours per work week without overtime compensation. She
claims she was constructively discharged from her employment as a
result of her complaint by way of being critical of her work,
making fun of the way she speaks, threatening her and making her
feel so uncomfortable that she was forced to resign from her
employment.

Masonry Association of Florida, Inc. is a Florida Domestic Non-
Profit Corporation that operates in Palm Beach County with Patrick
J. McLaughlin exercising administrative authority.

The Plaintiff is represented by:

      L.A. Perkins, Esq.
      PERKINS PERSHES, PLLC
      3839 N.W. Boca Raton Blvd., Suite 200
      Boca Raton, FL 33431
      Phone: (561) 910-8923
      Fax: (561) 423-3989


MOUNTAIN EQUIPMENT: Recalls Bicycles With Front Disc Brakes
-----------------------------------------------------------
Starting date: December 16, 2015
Posting date: December 16, 2015
Type of communication: Consumer Product Recall
Subcategory: Sports/Fitness
Source of recall: Health Canada
Issue: Fall Hazard
Audience: General Public
Identification number: RA-56284

This recall involves Ghost bicycles equipped with front disc
brakes and a quick release lever of the front wheel hub where the
clearance between the quick release lever in its most open
position and the disc brake rotor is less than 6 millimeters,
which is the equivalent of the thickness of a standard No. 2
Pencil (#2 Pencil Test).

Bicycles with front quick release levers that have 6 millimeters
or more of clearance between the lever in its most open position
and the disc brake rotor are not included in this recall.

The following Ghost bicycles with front disc brakes are included
in this recall:

                                  MEC Style  Date Affected Model
  Model     Colour                Number     was first Sold
  -----     ------                ------     -------------------
  Kato 3    red/blue               5039-170   December 5, 2014
  Kato 4    black/green/blue       5043-730   August 22, 2015
  Kato 5    black/lime green/grey  5039-172   January 18, 2015
  Lanao 3   white/petrol/light     5039-171   January 18, 2015
            petrol
  Lanao 4   mint/dark mint/white/  5043-731    August 22, 2015
            pink
  Lanao 5   dark petrol/petrol/    5039-174    January 18, 2015
            orange
  Panamao   copper/white/blue      5039-165    January 18, 2015
  X 6
  Panamao   copper/white/blue      5039-166    January 18, 2015
  X 6 Lady
  Tacana 3  black/green/gray       5043-732    August 22, 2015
  Tacana 4  dark blue/orange       5039-176    January 18, 2015
  Tacana 5  red/dark red/black     5043-733    August 22, 2015

A quick release lever on the bicycle's front wheel hub, when
improperly adjusted or left open, can come into contact with the
front disc brake assembly and cause the front wheel to come to a
sudden stop or separate from the bicycle, posing a fall hazard.

Neither Health Canada nor Mountain Equipment Co-op has received
any reports of consumer incidents or injuries related to the use
of these front disc brakes with quick release levers in Canada.

Approximately 550 recalled bicycles were sold at MEC locations.

The recall product was sold from December 2014 to November 2015.

Manufactured in Germany.

Manufacturer: Ghost Bikes
              Waldsassen
              GERMANY

Distributor: Mountain Equipment Co-op
             Vancouver
             British Columbia
             CANADA

Consumers should immediately stop using the bicycles and contact
MEC to receive a new quick release lever for the front wheel.

For more information, consumers can contact MEC at 1-888-847-0770,
Monday to Friday from 6:30 a.m. to 6:30 p.m. PST, and Saturday to
Sunday from 8:00 a.m. to 4:00 p.m. PST or by email.

Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.

Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.

This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.

Pictures of the Recalled Products available at:
http://is.gd/0L9HqK


NATURAL HEALTH: Faces "Ford" Securities Class Action in Cal.
------------------------------------------------------------
Robert Ford, individually and on behalf of all others similarly
situated, the Plaintiff, v. Natural Health Trends Corp., Chris T.
Sharng, and Timothy S. Davidson, the Defendants, Case No. 2:16-cv-
00255 (C.D. Cal., January 12, 2016), seeks to pursue remedies
against the Defendants for violations of the Securities Exchange
Act.

On March 6, 2015, the Company filed an annual report on Form 10-K
with the SEC for the year ended December 31, 2014, which was
signed by Defendants Sharng and Davidson. The 2014 10-K contained
signed certifications pursuant to the Sarbanes-Oxley Act of 2002
by Defendants Sharng and Davidson stating that the financial
information contained in the 2014 10-K was accurate, all fraud was
disclosed, and any material changes to the Company's
internal control over financial reporting were disclosed.

Natural Health Trends operates as an international direct-selling
and e-commerce company. Natural Health Trends is a Delaware
corporation headquartered in Rolling Hills Estates, California.
Its common stock trades on the NASDAQ under the ticker symbol
"NHTC".

The Plaintiff is represented by:

          Laurence M. Rosen, Esq.
          THE ROSEN LAW FIRM, P.A.
          355 South Grand Avenue, Suite 2450
          Los Angeles, CA 90071
          Telephone: (213) 785 2610
          Facsimile: (213) 226 4684
          E-mail: lrosen@rosenlegal.com


NEXT GENERATION: "Lopez" Suit Seeks Damages & OT Pay Under FLSA
---------------------------------------------------------------
Ricardo Lopez, on behalf of himself and all similarly situated
persons, the Plaintiff, v. Next Generation Construction &
Environmental, LLC, a Colorado limited liability company, and
Camron Lente, the Defendants, Case No. 1:16-cv-00076 (.D. Col.,
January 12, 2016), seeks to recover damages, overtime pay, and
back pay to compensate all current and former employees of Next
Generation for wage violations, pursuant to the Fair Labor
Standards Act.

Next Generation Construction & Environmental was founded in 2009.
The company's line of business includes the collection and
disposal of refuse systems. The Company is based in Longmont,
Colorado.

The Plaintiff is represented by:

          Brian D. Gonzales, Esq.
          THE LAW OFFICES OF
          BRIAN D. GONZALES, PLLC
          123 North College Avenue, Suite 200
          Fort Collins, CO 80524
          Telephone: (970) 212 4665
          Facsimile: (303) 539 9812
          E-mail: BGonzales@ColoradoWageLaw.com


NTC FINANCIAL: Violated TCPA, "Meyer" Suit Claims
-------------------------------------------------
Melissa Meyer, individually and on behalf of all others similarly
situated, the Plaintiff, v. NTC Financial, Inc., the Defendant,
Case No. 8:16-cv-00045 (C.D. Cal., January 12, 2016), seeks
damages and any other available legal or equitable remedies
resulting from the illegal actions of Defendants, in negligently,
knowingly, and/or willfully contacting Plaintiff on Plaintiff's
cellular telephone in violation of the Telephone Consumer
Protection Act.

Defendant is in the business of providing help to consumers with
their taxes.

The Plaintiff is represented by:

          Todd M. Friedman, Esq.
          Adrian R. Bacon, Esq.
          LAW OFFICES OF TODD M. FRIEDMAN, P.C.
          324 S. Beverly Dr., No. 725
          Beverly Hills, CA 90212
          Telephone: (877) 206 4741
          Facsimile: (866) 633 0228
          E-mail: tfriedman@attorneysforconsumers.com
                 abacon@attorneysforconsumers.com


NUCLETRON BV: Recalls Oncentra External Beam/Oncentra Brachy 4.5
----------------------------------------------------------------
Starting date: December 18, 2015
Posting date: January 18, 2016
Type of communication: Medical Device Recall
Subcategory: Medical Device
Hazard classification: Type II
Source of recall: Health Canada
Issue: Medical Devices
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-56678

When using the option "Tumor Overlap Fraction" in VMAT planning it
has been observed that in rare cases the system does include an
organ at risk as target volume. This could result in open MLC, and
open jaws in areas away from the target volume.

Affected products
A. ONCENTRA EXTERNAL BEAM/ONCENTRA BRACHY 4.5
Lot or serial number: 19311-EB001
Model or catalog number: 170.730

Manufacturer: Nucletron B.V.
              Waardgelder 1
              Veenedaal
              3905 TH
              NETHERLANDS


NV ENERGY: Class Action Uncertain Amid New Solar Rate Plan
----------------------------------------------------------
Clean Technica's Glenn Meyers, citing Reuters, report that on Feb.
12, Nevada's utility regulator voted unanimously to require solar
homes to move to a new rate structure, one which sparked angry
responses from solar proponents calling maintain their previous
rates.

The new rates will be phased in over 12 years for all customers
with solar panels on rooftops.  The solar industry had lobbied to
have existing solar customers "grandfathered" under the current
rates for at least 20 years.

In documents, NPUC staff said "the subsidy has become
unreasonable," adding that the 12-year approach would give solar
owners ample time to adjust to the new rates.

The commission's Feb. 12 vote is a slight improvement from its
decision in December to reduce the compensation solar panel owners
receive when they export power they do not use back to their local
utility, a policy known as net metering.  The December decision
sparked intense criticism by solar supporters and has triggered
solar installation companies Sunrun and SolarCity to announce they
would abandon their state operations and lay off hundreds of
employees.

Opponents of net metering, which include many utilities, argue
that it shifts the costs of maintaining the grid onto customers
who do not have solar panels, even though solar owners also use
it.

NV Energy, the Nevada utility owned by Warren Buffett's Berkshire
Hathaway Inc, proposed a variety of options for existing solar
customers in its public filings, ranging from gradual changes over
four years to no changes for 20 years.

The commission "gave the monopoly utility more than it asked for,"
said Lauren Randall, public policy manager for Sunrun. "This
decision is clearly unjust and unacceptable for Nevadans. We will
sue to overturn the anti-solar rules, and we will win."

The status of a pending class-action lawsuit remains undetermined.
NV Energy, the Nevada utility benefiting most from recent net
metering changes made by the NPUC, will now be a defendant in a
class-action lawsuit filed by two individual PV system owners.

The two plaintiffs, John Bamforth and Stanley Schone, argue that
they would never have invested in their PV systems had they known
Nevada's net metering program would be scaled back as dramatically
as it has been since December 23, 2015.


ORLEANS PARISH: Deputies' Class Action Over Unpaid OT Can Proceed
-----------------------------------------------------------------
Charles Maldonado, writing for The Lens, reports that a federal
labor lawsuit brought against Sheriff Marlin Gusman in 2015 has
been certified for class-action status, meaning hundreds of
current and former deputies may be eligible to recover allegedly
unpaid wages and overtime.

U.S. District Court Judge Nanette Jolivette Brown ordered that
notices informing class members of the suit be sent to any deputy
who worked for the Sheriff's Office between April 2012 and April
2015.

The news comes amid ongoing budget disputes between Sheriff Gusman
and the city, which is ultimately responsible for the Sheriff's
Office's expenses, over the costs of implementing a federal
consent decree.  The latest discord focused on what Gusman
characterized as a staff shortage at the city's jail.

Mayor Mitch Landrieu's office did not immediately return a request
for comment on how the labor lawsuit could affect consent-decree
negotiations.

The notice applies to deputies who worked in a jail facility or in
a courthouse.  In a January report on deputy staffing submitted to
the state, Sheriff Gusman said the office employs 430 deputies.
Court documents don't indicate how many deputies and former
deputies should expect the eligibility notices.  The Sheriff's
Office did not immediately return a request for comment.  The
Sheriff's potential liability should he lose is also unclear.

The Lens first reported on the lawsuit in April.  It was filed by
former Deputy Donald Marshall, who claimed that Sheriff Gusman
failed to pay deputies for time they were required to be at work
before and after their shifts, a violation of federal labor laws,
Marshall's suit said.

Marshall's lawyer, Brian Glorioso, told The Lens last year that
should Marshall prevail in the suit, Sheriff Gusman's office could
be responsible for far more than those hours alone.

The Sheriff's Office, he said, "created this internal policy where
they don't pay for any increment less than 30 minutes" above a
scheduled shift.

"They were not paid at all for the time, and therefore it wasn't
included in the calculation for their overtime," he said, meaning
Sheriff Gusman's office could be responsible not only for unpaid
regular wages, but the time-and-a-half wages deputies should have
received for overtime hours.

In response, the Sheriff's Office has argued under a provision in
the Fair Labor Standards Act applying to law enforcement, many
deputies may not have actually worked enough hours to be eligible
for overtime.

Furthermore, the Sheriff's Office objected to class certification
applying so broadly when job assignments vary so much.  In one
court filing, attorneys for the sheriff wrote that Marshall worked
primarily in Criminal District Court, a job assignment that, they
wrote, would not require him to stay beyond his normal shift.

Recipients of the notice have until late March to respond. The
court has set a trial date for June.


PENN WEST: Enters Into Class Action Settlement Agreements
---------------------------------------------------------
Penn West Petroleum Ltd. on Feb. 16 disclosed that it has entered
into agreements to settle all class action proceedings in Canada
and the United States against Penn West and others commenced by
investors alleging damages in relation to Penn West's July 29,
2014 announcement that it intended to restate certain historical
financial statements and related management discussion and
analysis.

The settlement agreements provide for a payment that will be fully
funded by insurance coverage maintained by Penn West.  As a
result, the payment will not impact Penn West's cash resources or
financial position.

The settlement agreements contain no admission of liability or
wrongdoing and include full releases of Penn West, current and
former directors and officers of Penn West and others.  Penn West
is settling the class action proceedings in order to avoid the
continuing risks, uncertainties and costs of litigation.

The proposed settlements are subject to the satisfaction of the
conditions stated in the settlement documents as well as the
receipt of court approval in each of Alberta, Ontario and Quebec
and in New York.  There can be no assurance that these conditions
will be satisfied or that the settlements will be approved by the
courts.  The receipt of such court approvals is dependent on a
number of factors and therefore the timing thereof cannot be
predicted at this time.

                     About Penn West

Penn West is one of the largest conventional oil and natural gas
producers in Canada.

Penn West shares are listed on the Toronto Stock Exchange under
the symbol "PWT" and on the New York Stock Exchange under the
symbol "PWE.BC".


PERFORMANCE PRESSURE: Faces "Newton" Suit for FLSA Violation
------------------------------------------------------------
John Newton, individually and on behalf of all others similarly
situated, the Plaintiff, v. Performance Pressure Pumping Services,
LLC, and Epic Wireline Services, LLC, the Defendants, Case No.
5:16-cv-00025 (W.D. Tex., San Antonio Division, January 12, 2016),
seeks to recover monetary damages for all overtime worked,
declaratory judgment, monetary damages, liquidated damages,
prejudgment interest, civil penalties and costs, including
reasonable attorney's fees under the Fair Labor Standards Act.

The Defendant is a licensed and bonded freight shipping and
trucking company running freight hauling business.

The Plaintiff is represented by:

         Josh Sanford, Esq.
         SANFORD LAW FIRM, PLLC
         One Financial Center
         650 S. Shackleford Road, Suite 411
         Little Rock, AR 72211
         Telephone: (501) 221 0088
         Facsimile: (888) 787 2040
         E-mail: josh@sanfordlawfirm.com


PHILIPS MEDICAL: Recalls Allura Xper Systems
--------------------------------------------
Starting date: December 16, 2015
Posting date: January 14, 2016
Type of communication: Medical Device Recall
Subcategory: Medical Device
Hazard classification: Type III
Source of recall: Health Canada
Issue: Medical Devices
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-56632

Philips has discovered through customer feedback and internal
testing a failure with the image disk causing the entire image
processing chain to be blocked due to a software design error.
This causes image data to be lost, and eventually loss of live
imaging functionality.

Affected products:
A. ALLURA XPER FD10/10 - MAIN UNIT
Lot or serial number: 53772614
                      55104885
Model or catalog number: ALLURA XPER FD10/10

Manufacturer: Philips Medical Systems Nederland B.V.
              Veenpluis 4-6, 5684 PC
              Best, Netherlands

B. ALLURA XPER FD20/10 SYSTEM - MAIN UNIT
Lot or serial number: 53388068
                      54178388
                      57436105
Model or catalog number: ALLURA XPER FD20/10

Manufacturer: Philips Medical Systems Nederland B.V.
              Veenpluis 4-6, 5684 PC
              Best, Netherlands

C. ALLURA XPER FD20/20
Lot or serial number: 53329363
                      62544258
Model or catalog number: ALLURA XPER FD20/20

Manufacturer: Philips Medical Systems Nederland B.V.
              Veenpluis 4-6, 5684 PC
              Best, Netherlands

D. ALLURA XPER FD10
Lot or serial number: More than 10 numbers, contact manufacturer.
Model or catalog number: ALLURA XPER FD10

Manufacturer: Philips Medical Systems Nederland B.V.
              Veenpluis 4-6, 5684 PC
              Best, Netherlands

E. ALLURA XPER FD20 SYSTEM - MAIN UNIT
Lot or serial number: More than 10 numbers, contact manufacturer
Model or catalog number: ALLURA XPER FD20

Manufacturer: Philips Medical Systems Nederland B.V.
              Veenpluis 4-6, 5684 PC
              Best, Netherlands

F. ALLURA XPER FD20 OR TABLE
Lot or serial number: 55114616
Model or catalog number: 000454

Manufacturer: Philips Medical Systems Nederland B.V.
              Veenpluis 4-6, 5684 PC
              Best, Netherlands


PIPELINE PRODUCTION: Sued Over Failure to Refund Festival Tickets
-----------------------------------------------------------------
Bryan Shawver, writing for 5NEWS, reports that Pipeline
Production, the company that organized the Thunder On The Mountain
Festival, promised refunds to ticket buyers within 90 days of
canceling the show, but then notified customers and vendors that
they wouldn't be able to issue refunds until their legal battle
with their financial partners wrapped up.

Two class-action lawsuits against Pipeline were filed by a law
office in Little Rock on behalf of people who have waited for
their refunds.

"While they don't necessarily have to take action, and their
statute of limitations has been tolled because we filed this as a
class," said Nate Steel, an attorney at the law firm.  "We still
encourage them to reach out to us, at the very least we can keep
them updated as to the nature of the case."

According to Mr. Steel, the promoters knew the show wasn't going
to happen as early as November 2014 and still sold tickets rather
than pull the plug.

5NEWS reached out to Pipeline Productions Enterprises for comment,
they sent the following response:

"Regarding Thunder on the Mountain, you are welcome to search the
public federal court case out of Topeka, KS: Pipeline Productions
vs. The Madison Companies online.

We don't have any additional comments beyond the information that
you are able to find online."


PRIMERO MINING: Rosen Law Firm Files Securities Class Action
------------------------------------------------------------
Rosen Law Firm, a global investor rights law firm, on Feb. 15
disclosed that it has filed a class action lawsuit on behalf of
purchasers of Primero Mining Corp. securities from October 5, 2012
through February 3, 2016, both dates inclusive (the "Class
Period"). The lawsuit seeks to recover damages for Primero
investors under the federal securities laws.

To join the Primero class action, go to the firm's website at
http://rosenlegal.com/cases-832.htmlor call Phillip Kim, Esq. or
Kevin Chan, Esq. toll free at 866-767-3653 or email
pkim@rosenlegal.com or kchan@rosenlegal.com  for more information
on the class action.

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.

According to the lawsuit, throughout the Class Period Defendants
issued false and misleading statements to investors and/or failed
to disclose material facts about tax compliance at Primero's
Mexican subsidiary, Primero Empresa Minera, S.A. de C.V.  On
February 3, 2016, Primero disclosed that its Mexican subsidiary
received a legal claim from the Mexican tax authorities, Servicio
de Administraci¢n Tributaria ("SAT"), seeking to nullify the
Advance Pricing Agreement issued by SAT in 2012.  On this news,
shares of Primero Mining fell $0.74 per share or over 28% to close
at $1.89 per share on February 4, 2016.

A class action lawsuit has already been filed. If you wish to
serve as lead plaintiff, you must move the Court no later than
April 15, 2016.  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://rosenlegal.com/cases-832.htmlfor more information.  You
may also contact Phillip Kim, Esq. or Kevin Chan, Esq. of Rosen
Law Firm toll free at 866-767-3653 or via email at
pkim@rosenlegal.com or kchan@rosenlegal.com

Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation.


PRO DOC: Recalls Pantoprazole Tablets Due to Noncompliance
----------------------------------------------------------
Starting date: December 17, 2015
Posting date: January 7, 2016
Type of communication: Drug Recall
Subcategory: Drugs
Hazard classification: Type II
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-56528

Recall conducted because the dissolution testing performed for
this lot as part of the stability study at the 18-month interval
does not meet the specifications.

Depth of distribution: Wholesalers and pharmacies in Quebec

Affected products:
Pantoprazole
DIN, NPN, DIN-HIM
DIN 02318695
Dosage form: Tablet (Delayed-Release)
Strength: 40 mg
Lot or serial number: KW6127

Recalling Firm: Pro Doc Ltd.
                2925 Industrial Blvd.
                Laval
                H7L 3W9
                Quebec
                CANADA

Marketing Authorization Holder: Pro Doc Ltd.
                                2925 Industrial Blvd.
                                Laval
                                H7L 3W9
                                Quebec
                                CANADA


PROSPECT MEDICAL: "Ratliff" Suit Asserts TCPA Violations
--------------------------------------------------------
Donna Ratliff, individually and on behalf of all others similarly
situated, the Plaintiff, v. Prospect Medical Holdings, Inc. d/b/a
Southern California Hospital at Culver City, the Defendant, Case
No. 2:16-cv-00253 (C.D. Cal., January 12, 2016), seeks damages and
any other available legal or equitable remedies resulting from the
illegal actions of the Defendants, in negligently, knowingly,
and/or willfully contacting Plaintiff on Plaintiff's cellular
telephone in violation of the Telephone Consumer Protection Act.

Plaintiff also seeks injunctive relief prohibiting such conduct in
the future, and seeks up to $1,500.00 in damages for each call in
violation of the TCPA, which, when aggregated among a proposed
class in the thousands, exceeds the $5,000,000.00 threshold for
federal court.

Prospect Medical Holdings provides healthcare and physician
services in Southern California. It owns and operates community-
based hospitals in Los Angeles; and manages the provision of
healthcare services to health maintenance organizations enrollees
through its network of specialist and primary care physicians.
Prospect Medical Holdings, Inc. was incorporated in 1993 and is
based in Santa Ana, California. The company has subsidiaries in
Santa Ana, Los Angeles, Ontario, and Culver City, California.

The Plaintiff is represented by:

          Todd M. Friedman, Esq.
          Adrian R. Bacon, Esq.
          LAW OFFICES OF TODD M. FRIEDMAN, P.C.
          324 S. Beverly Dr., No. 725
          Beverly Hills, CA 90212
          Telephone: (877) 206 4741
          Facsimile: (866) 633 0228
          E-mail: tfriedman@attorneysforconsumers.com
                 abacon@attorneysforconsumers.com


REDI SERVICES: Violated FLSA, "Lopez" Suit Claims
-------------------------------------------------
Ricardo Lopez, on behalf of himself and all similarly situated
persons, the Plaintiff, v. Redi Services, LLC, the Defendant, Case
No. 1:16-cv-00078 (D. Col., January 12, 2016), seeks to recover
damages and back pay for wage violations under the Fair Labor
Standards Act, Colorado Wage Claim Act, Colorado Minimum Wage Act,
and Colorado Minimum Wage Order.

Redi Services, a Wyoming limited liability company, is based in
Lyman, Wyoming.  It offers construction services. The Company
provides comprehensive plant and facility maintenance, general
construction, and support services.  Redi Services serves clients
throughout the United States.

The Plaintiff is represented by:

         Brian D. Gonzales, Esq.
         THE LAW OFFICES OF
         BRIAN D. GONZALES, PLLC
         123 North College Avenue, Suite 200
         Fort Collins, CO 80524
         Telephone: (970) 212 4665
         Facsimile: (303) 539 9812
         E-mail: BGonzales@ColoradoWageLaw.com


RENSSELAER COUNTY, NY: To Settle Jail Strip-Search Suits
--------------------------------------------------------
Mark Robarge, writing for The Record, reports that the Michigan's
highest court handed Rensselaer County a split decision in its
appeal of the settlement of a pair of a 12-year-old lawsuits over
strip searches at the county jail.

The state Court of Appeals found the county responsible for paying
out more than $800,000 to plaintiffs in Bruce v. Rensselaer County
and Kahler v. Rensselaer County, in which more than 800 people
claimed they were inappropriately strip-searched while being
admitted to the jail between 1999 and 2002.  The court also found,
however, that the county was liable for no more than $15,000 of
about $442,000 in attorney's fees billed to Selective Insurance
Co. of America, the county's insurer at the time of the lawsuit.

"Selective Insurance v. Rensselaer County was about interpretation
of an insurance contract between the two parties," County Attorney
Stephen Pechenik said in an emailed statement. "The crux of the
issue was whether or not Selective Insurance could charge the
county multiple deductibles for one claim involving many people.
The appellate court ruled that insurance companies can charge
multiple deductibles for claimants' damages and personal injuries,
but cannot do so for the costs incurred by the insurance company
for the defense of the county against those charges.  The end
result is that the $1.25 million claim against the county has been
reduced to $816,000 by the appellate court."

The county, through Selective, agreed in 2004 to settle the class-
action lawsuits, in which the plaintiffs, represented by Amsterdam
attorney Elmer R. Keach III, claimed their civil rights were
violated under a policy instituted by the county Sheriff's Office
in 1999 that required all people admitted into the jail to be
strip-searched.  The plaintiffs cited a 1986 federal court
decision in the case of Weber v. Dell that held strip-searching an
arrestee was unconstitutional if they had not been accused of a
felony and authorities had no reasonable suspicion that they were
concealing weapons or other contraband.

The settlement called for the county to amend its policy to fall
in line with Weber v. Dell and establish a compensatory pool of no
more than $2.7 million, with lead plaintiff Nathaniel Bruce to
receive $5,000 and each other plaintiff to receive $1,000.

The county's appeal arose out of a dispute over how much of that
settlement pool it was responsible for.  The county argued it was
only responsible for $10,000, the deductible established in its
1999, 2000 and 2001 policies with Selective, while the insurance
company argued that deductible should be applied to each
individual plaintiff, leaving the county on the hook for
essentially the entire settlement.

While Selective abided by the terms of the settlement, it argued
in its response to the county's appeal, the county refused to pay
the insurer anything more than a single, $10,000 deductible
payment.  A state Supreme Court judge, and later the court's
Appellate Division, sided with Selective and ordered the county to
pay up to its deductible for each individual plaintiff, and the
Court of Appeals upheld that decision.

"The plain language of the insurance policy indicates that the
improper strip searches of the arrestees over a four-year period
constitute separate occurrences under the policies at issue,"
Associate Judge Sheila Abdus-Salaam wrote in the Court of Appeals'
opinion, released Feb. 11.  "The harm each experienced was as an
individual, and each of the strip searches constitute a single
occurrence."

Those same judges also found, however, that Selective could not
bill the county in the same fashion for its attorney's fees,
upholding a similar finding by the two lower courts.  The county
had argued that since there was only one defense team to address
all plaintiffs, the fee should only be assigned to one plaintiff
and thus subject to the $10,000 deductible.

"Here, the policies' silence on how to allocate attorney's fees in
a class action creates ambiguity, as both Selective's and the
County's contentions are reasonable," Judge Abdus-Salaam wrote in
the decision.  "Consequently, the courts below correctly
interpreted the policies in favor of the insured -- the County --
and the attorney's fees were properly charged to the named
plaintiff."

The Court of Appeals also dismissed a claim by the county that
Selective exercised bad faith by agreeing to a settlement that
didn't challenge the certification as a class action suit and then
trying to bill the county for a deductible payment for each member
of that class.

"Under the terms of the policies, Selective had discretion to
investigate and settle any claim or suit commenced against the
County," Judge Abdus-Salaam wrote.  "The County, however, has
failed to meet the high burden of demonstrating that Selective
acted in bad faith in negotiating the underlying settlement here.
There is no indication from the record that Selective's conduct
constituted a gross disregard of the County's interests."


RITE RUG: Faces "Morales" Suit Alleging Violations of FLSA
----------------------------------------------------------
Noe Jimenez Morales, on behalf of himself and all others similarly
situated, v. Rite Rug Co., Case 3:16-cv-00072 (M.D.Tenn., January
21, 2016), seeks redress for Defendant's alleged wrongful scheme
to pay him and similarly situated employees their wages through
sham pass-through entities in violation of the Fair Labor
Standards Act, and the law of the State of Tennessee.

Defendant Rite Rug Co. is a flooring store, selling all types of
floor coverings for both residential and commercial uses.

The Plaintiff is represented by:

     Karla M. Campbell, Esq.
     Joe P. Leniski, Jr., Esq.
     BRANSTETTER, STRANCH & JENNINGS, PLLC
     223 Rosa L. Parks Ave., 2nd Floor
     Nashville, Tennessee 37203
     Phone: (615) 254-8801


ROADRUNNER INTERMODAL: "Phillips" Suit Claims Labor Code Breaches
-----------------------------------------------------------------
Latrina Phillips v. Roadrunner Intermodal Services, LLC and Morgan
Southern, Inc., BC 606470 (Cal. Super., January 8, 2016), alleges
violation of California Labor Code, Business and Profession Code.

Roadrunner is a freight/trucking company that provides
transportation of customers' products via semi-trailer trucks.

The Plaintiff is represented by:

     Daniel G. Emilio, Esq.
     Justin G. Schmidt, Esq.
     Laurie M. Cortez, Esq.
     EMILIO LAW GROUP
     12832 Valley View St., Suite 106
     Garden Grove, CA 92845
     Phone: (714) 379-6239
     Fax: (714) 379-5444


ROVELL MOBILE HOME: "Nieves" Suit Seeks OT Wages Under FLSA
-----------------------------------------------------------
Luis Angel Ramos Nieves and all others similarly situated, the
Plaintiff, v. Andres Rodriguez d/b/a Rovell Mobile Home Park,
Andres Rodriguez d/b/a Tropical Mobile Home Park, the Defendants,
Case No. 1:16-cv-20161-JEM (S.D. Fla., January 12, 2016), seeks to
recover double damages and reasonable attorney fees from
Defendants, pursuant to the Fair Labor Standards Act for all
overtime wages still owing from Plaintiff's entire employment
period with Defendants or as much as allowed by the Fair Labor
Standards Act along with court costs, interest, and any other
relief.

Defendant is a proprietorship doing business under an assumed name
that regularly transacts business within Dade County.

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
         Email: ZABOGADO@AOL.COM


SAFEWAY: Judge Set to Decide on Tuna Underfilling Suit in April
---------------------------------------------------------------
Jason Smith, writing for Undercurrent News, reports that a judge
could decide in April to dismiss parts of a consumer's lawsuit
against Safeway, which alleges that the US grocer consistently
under-filled the five-ounce canned tuna products it sold in
stores, court records indicate.

Lawyers for Safeway, which since November last year has been the
target of a class action lawsuit waged by plaintiff Ehder Soto,
filed a motion to dismiss on Feb. 5 arguing that Judge Edward Chen
should dismiss parts of the legal claim.

The complaint relates to Mr. Soto's purchase of five-ounce cans of
Safeway brand chunk light tuna in water, solid white albacore tuna
in water, and Open Nature brand chunk light tuna in water.

The company seeks a dismissal of two of the nine "causes of
action" that Soto listed in order to advance the suit.

In the sixth cause of action, Mr. Soto claimed that the alleged
underfilling was in violation of implied warranties made under
California law that the product "was fit for its intended purpose
since it allegedly contained an adequate amount of tuna for a
five-ounce can."

Mr. Soto paid a premium for Safeway tuna, he claimed, because he
relied on the implied warranty and wouldn't have bought the
product otherwise.

However, in Safeway's motion to dismiss, the company asserted that
the tuna was pruchased for its ordinary purpose, to eat, and that
Mr. Soto's claim did not prove otherwise.

Additionally, Safeway challenged the allegation made in the eighth
cause of action, that company engaged in "negligent
misrepresentation" by under-filling the cans.

"The absence of physical injury or property damage results in
there being no basis for imposing tort liability on Safeway for
alleged negligence in the sale of goods," the grocer's motion
states.

The issue is scheduled to be heard before Judge Chen in an April 8
hearing.

Mr. Soho's suit said that government testing revealed that six of
six lots tested -- and 106 of 108 individual cans tested -- failed
to meet the federally mandated minimum standard of fill, according
to the class action complaint, filed by law firm Burson & Fisher.

A series of independent tests by the US National Oceanic and
Atmospheric Administration showed cans were below between 6% and
12.4% of the federally mandated average.

According to the complaint, the mandated level is 2.29 ounces for
chunk light tuna and 2.83 ounces for solid white albacore tuna.

The class action lawsuit seeks to represent anyone in the US who
has bought the tuna products, which is "in the millions".

Earlier this year, Dongwon Industries-owned Starkist settled in a
lawsuit where it was accused of similar offenses.

As part of their settlement over accusations of under-filed cans,
the company launched a website in August where US consumers can
make claims for free tuna from Starkist.

The website, tunalawsuit.com, allows US consumers who bought one
of more of four types of Starkist products between Feb. 19, 2009
through Oct. 31, 2014 to make a claim and possibly receive $25 in
cash or $50 in product vouchers, up to a total of $12 million.

The lawsuit claims that Starkist under-filled certain 5 oz. canned
tuna products in violation of state and federal law. Starkist
denies that it under-filled its products and denies that it did
anything wrong.

The court did not rule in favor of plaintiff or Starkist. Instead,
the parties agreed to a proposed settlement to avoid the expense
and risks of continuing the lawsuit.


SALSA CON FUEGO: Faces Lawsuit Under FLSA, New York Labor Law
-------------------------------------------------------------
CAROLINE SANCHEZ, LISA PABON, SAMANTHA MORI, and ANGELY FERNANDEZ,
Individually and on Behalf of All Others Similarly Situated v.
SALSA CON FUEGO INC., SALSA CON FUEGO MANAGEMENT LLC, SCF CEDAR
LLC, JOSEPH NIEVES, JOHN MANGAN, and JOHN DOES #1-10,
Jointly and Severally, Case 1:16-cv-00473 (S.D.N.Y., January 21,
2016), seeks to recover unpaid minimum wage and unpaid overtime
premiums owed to them pursuant to both the Fair Labor Standards
Act, and the New York Labor Law.

Salsa Con Fuego is a restaurant and lounge featuring Latino
traditional cuisine.

The Plaintiff is represented by:

     Brent E. Pelton, Esq.
     Taylor B. Graham, Esq.
     PELTON & ASSOCIATES PC
     111 Broadway, Suite 1503
     New York, New York 10006
     Phone: (212) 385-9700
     Web site: www.peltonlaw.com
     E-mail: pelton@peltonlaw.com
             graham@peltonlaw.com


SAN BERNARDINO COUNTY: "Denkin" Suit Seeks to Recover OT Pay
------------------------------------------------------------
David Denkin, individually and on behalf of all others similarly
situated, Plaintiffs, v. County of San Bernardino, a legal
subdivision of the State of California and Does 1-10, inclusive,
Defendants, Case No. 5:16-cv-00044-JGB-KK (C.D. Cal., Eastern
Division, January 7, 2016), seeks overtime pay with liquidated
damages, attorney's fees and costs, prejudgment interest and
further relief in violation of the Fair Labor Standards Act, 29
U.S.C. 216(b).

The Plaintiff is a county employee and works as a social worker.
He claims to have worked in excess of 40 hours per work week
without overtime compensation.

The Plaintiff is represented by:

      Megan A. Richmond, Esq.
      MEGAN A. RICHMOND, APC
      9255 Towne Centre Drive, Suite 500
      San Diego, CA 92121
      Tel: (858) 622-7878
      Fax: (858) 622-0411
      Email: megan@therichmondfirm.com

           - and -

      Alexander E. Papaefthimiou, Esq.
      LAW OFFICE OF ALEXANDER E. PAPAEFTHIMIOU
      215 E. Daily Drive, Suite 28
      Camarillo, CA 93010
      Tel: (805) 366-3909
      Fax: (805) 585-5410
      Email: alex@aplitigation.com


SANJEL (USA): Faces "Pelton" Suit Seeking Overtime Pay Under FLSA
-----------------------------------------------------------------
Nancy Pelton and Manuel Montiel, Individually And On Behalf Of All
Others Similarly Situated v. SANJEL (USA), Inc., Case 5:16-cv-
00060 (W.D.Tex., January 21, 2016), alleges violations of
Plaintiffs' statutory employment rights to receive overtime pay
under the Fair Labor Standards Act.

Sanjel (USA) is a subsidiary of Sanjel Corporation. Sanjel
Corporation is a specialized, privately owned global energy
service company.

The Plaintiffs are represented by:

     William S. Hommel Jr. Esq.
     HOMMEL LAW FIRM
     1404 Rice Road, Suite 200
     Tyler, TX 75703
     Phone: 903-596-7100
     Fax: 469-533-1618


SCHLUMBERGER TECH: "Levy" Suit Seeks Overtime Wages Under FLSA
--------------------------------------------------------------
Conrad Levy, individually and on behalf of others similarly
situated, the Plaintiff, vs. Schlumberger Tech Corp., the
Defendant, Case No. 6:16-cv-00043 (W.D. La., Lafayette Division,
January 12, 2016), seeks overtime wages under the Fair Labor
Standards Act, for all hours worked in excess of 40 hours in a
week, plus liquidated damages, attorney's fees and costs.

Schlumberger Tech Corp. develops and supplies geoscience,
engineering, drilling, and data management software products and
computing services for the exploration and production industry.
The company offers Eclipse product line that features reservoir
simulators, as well as pre- and post-processing applications; and
Oilfield Manager, a well and reservoir analysis toolkit for
personal computers and UNIX operating systems.

The Plaintiff is represented by:

          Richard J. (Rex) Burch, Esq.
          Matthew S. Parmet, 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
                  mparmet@brucknerburch.com

               - and -

          Kenneth W. DeJean, Esq.
          LAW OFFICE OF KENNETH W. DEJEAN
          417 W. University Ave. (No. 70506)
          Post Office Box 4325
          Lafayette, LA 70502
          Telephone: (337) 235 5294
          Facsimile: (337) 235 1095
          E-mail: kwdejean@kwdejean.com

               - and -

          Michael A. Josephson, Esq.
          Andrew W. Dunlap, Esq.
          FIBICH, LEEBRON, COPELAND,
          BRIGGS & JOSEPHSON
          1150 Bissonnet
          Houston, TX 77005
          Telephone: (713) 751 0025
          Facsimile: (713) 751 0030
          E-mail: mjosephson@fibichlaw.com
                 adunlap@fibichlaw.com


SEARS CANADA: Recalls L.E.D. Light Strings Due to Shock Hazard
--------------------------------------------------------------
Starting date: December 17, 2015
Posting date: December 17, 2015
Type of communication: Consumer Product Recall
Subcategory: Household Items, Tools and Electrical Products
Source of recall: Health Canada
Issue: Electrical Hazard
Audience: General Public
Identification number: RA-56348

This recall involves the WholeHome Noel 70 L.E.D. light string in
warm white, for indoor and outdoor use.  The product can be
identified by the model number 25074, UPC number 45025074001, CSA
file number 223812 and manufacture date code 07/2015. Consumers
are able to locate the model number, CSA file number and
manufacture date code on the white tag affixed to the wire.

Health Canada's sampling and evaluation program has determined
that the seasonal lights may pose an electric shock hazard to
consumers.

Neither Health Canada nor Sears Canada Inc. has received any
reports of consumer incidents or injuries related to the use of
this product.

Approximately 2,649 units were sold in Canada.

The recalled product was sold from September 2015 to December
2015.

Manufactured in China.

Retailer: Sears Canada Inc.
          Toronto
          Ontario
          CANADA

Manufacturer: Apex Chance Ltd.
              Dongguan
              Guangdong
              CHINA

Consumers should immediately stop using the recalled seasonal
lights and return them to a Sears Department Store to obtain a
refund.

For more information, consumers may contact Sears by telephone at
1-800-267-3277.

Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.

Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.

This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.


SEE'S CANDY: Faces Class Action Over Mislabeled Kosher Chocolates
-----------------------------------------------------------------
Cheryl Miller, writing for The Recorder, reports that on the eve
of a holiday marked by candy-giving and chocolate-bingeing, a
New Jersey man has sued See's Candy Shops Inc., alleging that the
confectioner gave him a not-so-sweet surprise last month.

Avi Weiss filed a class action complaint on Feb. 9 in the U.S.
District Court for the Northern District of California, alleging
that the Valentine's Day Classic Red Heart Box of assorted
chocolates he purchased at a Los Angeles store were misidentified
as kosher.  Mr. Weiss "strictly observes" kosher dietary laws and
relied on a sign above the candy boxes indicating that their
contents were certified compliant, according to the complaint.

"Had [See's] disclosed that its assorted chocolates were in fact
not kosher certified, [Weiss] would not have purchased them," the
suit says.

Mr. Weiss is seeking actual damages, relief under California
Business and Professions Code Section 17200 and an injunction
requiring See's to remove kosher-certifying symbols from nonkosher
foods and to notify customers who already purchased allegedly
improperly labeled candy.

Mr. Weiss is represented by David Parisi and Suzanne Havens
Beckman of Parisi & Havens in Santa Monica.  The attorneys did not
return messages left on Feb. 9.

On its corporate website, South San Francisco-based See's has
posted a certificate letter listing products that have been
certified kosher by the not-for-profit organization Kosher
Supervision of America.  The letter, which includes a March 31,
2016, expiration date, lists Christmas mint lollypops, milk
chocolate foil footballs and dozens of other candies -- but no
Classic Red Heart Box.  Mr. Weiss' complaint includes a photo--
taken in a See's store, the suit says--of the red boxes of candies
under a sign that appears to include Kosher Supervision of
America's "KSA" label in the lower left-hand corner.

A message left with See's media affairs office was not returned on
Feb. 10.  An attorney for See's has not entered an appearance in
the case.


SHINHAN BANK: Faces Class Action Over Alleged CD Rate Fixing
------------------------------------------------------------
Yonhap reports that a local consumer advocacy group said on
Feb. 16 it will file a class-action lawsuit against local
commercial banks for their suspected fixing of certificate of
deposit (CD) rates.

The Fair Trade Commission (FTC) found, after a years-long probe,
"enough pieces of evidence" indicating the suspected collusion to
fix the CD rates by six major banks including Shinhan Bank and
Woori Bank.

The lenders failed to freeze the CD rates for some time beginning
in 2012 even after the central bank cut the policy rate, raising
suspicions that they colluded to rig the rates to receive more for
mortgage loans, as CD rates are tied to the loans.  The FTC
launched the investigation in July of the same year.

After reviewing written opinions by the banks in March, the
antitrust watchdog said it plans to determine what punitive
measures it will take.

"More than 5 million people have suffered losses worth 4.1
trillion won due to the rate fixing," said Cho Nam-hee, the chief
of the Financial Consumer Agency (FICA).  "We will recruit
complaints to win back their ill-gotten profits."

The FICA filed similar suits twice in 2012 representing 1,000
consumers, but the cases were put on hold until the FTC presents
its probe results.

Cases filed by other civic groups on the CD rates were all
dismissed, with the central court citing a lack of evidence.

Banks, however, have denied any wrongdoing, claiming that their
decision on the CD rates was "in accordance with the government's
guidelines."


SINGING RIVER: Retirees' Attorneys Want Judge Cited for Contempt
----------------------------------------------------------------
Karen Nelson, writing for Sun Herald, reports that attorneys for
about 200 retirees of the Singing River Health System in Jackson
County have filed a petition with the state Supreme Court saying
Chancery Court Judge Breland Hilburn's stepping away from some of
the SRHS cases and not others is contempt of court.

Attorneys Earl Denham and Harvey Barton filed a 22-page petition
summarizing the year-long case that began when the hospital system
tried to terminate the pension of retirees without notice and is
now in the process of a federal settlement and class action suit.

Messrs. Denham and Barton's petition filed on Feb. 15 began:

"The facts of this case are more akin to a John Grisham novel than
a typical case."

It asked the court to consider that this case, "concerns a fraud
involving approximately $150 million" and "at this point, no
criminal charges have been filed, nobody has yet been determined
to have any personal liability for the fraud and the only
participants who lost jobs are hospital trustees, essentially
volunteers who get paid $150 per meeting.

"The trustees have become the scapegoats for an entire system run
amuck, and with a few top executives at the helm making financial
decisions to utilize a large amount of money for other purposes
which was owed into a retirement plan of Singing River Health
System."


SKIP HOP: Recalls Projection Crib Mobiles Due to Injury Hazard
--------------------------------------------------------------
Starting date: December 16, 2015
Posting date: December 16, 2015
Type of communication: Consumer Product Recall
Subcategory: Children's Products
Source of recall: Health Canada
Issue: Fall Hazard
Audience: General Public
Identification number: RA-56338

This recall includes the Skip Hop Moonlight & Melodies projection
crib mobiles. The mobile has a white plastic arm that attaches to
the side of a crib with four blinking, glowing leaves with stuffed
animal attachments. The mobile also has a projector on the top of
the mobile that projects stars on the ceiling and plays eight
nursery lullabies. The dangling stuffed animals on the mobile
include a yellow and gray giraffe, a green turtle with a gray and
white polka-dot shell, a brown and tan monkey and a gray and white
striped owl. The mobiles measure 44.5 centimeters long by 35.5
centimeters wide by 56 centimeters tall. SKIP HOP and the model
number 185509 are printed on the back of the mobile base.

The strap attaching the product to the crib rail can break, posing
an injury hazard if the product falls on the infant in the crib.

Health Canada has not received any reports of consumer incidents
or injuries to Canadians related to the use of this product.

Skip Hop has received 8 reports of the strap attaching the mobile
to the crib breaking, including 3 from Canadian consumers. No
injuries have been reported.

Approximately 850 units were in Canada at Buy Buy Baby and other
independent juvenile specialty stores nationwide and online at
Amazon.com and skiphop.com. Approximately 3,500 units were sold in
the United States.

The recalled products were sold from July to November 2015 in
Canada and the United States.

Manufactured in China.

Distributor: Skip Hop, Inc.
             New York
             New York
             UNITED STATES

Consumers should immediately stop using the recalled mobiles and
contact Skip Hop to receive instructions on receiving a full
refund.

Contact Skip Hop toll-free at 1-877-475-4746 Monday thru Friday 9
a.m. to 5 p.m. Eastern Standard Time, by email or online and click
on "Recall" at the bottom of the page under "Customer Care" for
more information.

Consumers may view the release by the US CPSC on the Commission's
website.

Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.

Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.

This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.

Pictures of the Recalled Products available at:
http://is.gd/e6XxFN


SOGNO TOSCANO: "Larson" Sues Over Unpaid OT Pay, Missed Breaks
--------------------------------------------------------------
Kyle Larson, as an individual, and on behalf of all others
similarly situated, Plaintiff, v. Sogno Toscano Tuscan Dream,
Inc., a Delaware Corporation; and DOES 1-10, Defendants, Case No.
2:16-cv-00150-FMO-PJW, (C.D. Cal., January 7, 2016) seeks recovery
of unpaid wages and penalties and declaratory relief and
restitution under the Fair Labor Standards Act, California
Business and Professions Code Sec. 17200, et. seq., Labor Code
Sec. 201-203, 226 et seq., 510, 512, 516, 1182.12, 1194, 1194.2,
1197, 1198 and California Industrial Welfare Commission Wage
Order No. 7-2001.

Plaintiff delivered products to purchasers throughout the region.
Larson regularly worked shifts in excess of 8 hours per day and/or
40 hours per week without overtime wages for such hours. He also
was deprived meal and rest breaks, says the complaint.

Sogno Toscano Tuscan Dream, Inc. imports, distributes and sells
olive oil, vinegar, canned tomatoes and related products
throughout the United States through a wholesale distribution
network and online retail store. It is headquartered in
Scottsdale, Arizona.

The Plaintiff is represented by:

      Paul K. Haines, Esq.
      Fletcher W. Schmidt, Esq.
      BOREN, OSHER & LUFTMAN LLP
      222 N. Sepulveda Blvd., Suite 2222
      El Segundo, CA 90245
      Tel: (310) 322-2220
      Fax: (310) 322-2228
      Email: phaines@bollaw.com
             fschmidt@bollaw.com


SOLIS RESTAURANT: Violated FLSA, "Castillo" Suit Claims
-------------------------------------------------------
Edgar Castillo, Gil Mendez Carrera, Virgilio Bravo Valdez (aka
Homero Carlos Bravo Valdez), Jesus Tepi, Martin Mejia, and
Alejandro Hernadez Rivera, individually and on behalf of others
similarly situated, the Plaintiffs, v. Solis Restaurant LLC (dba
Senor Pollo), Julio Cesar Gomero, Patricia Mahabir, Rita Doe,
Nancy Gomero, and Claudia Maisonave, the Defendants, Case No.
1:16-cv-00231 (S.D.N.Y., January 12, 2016), seeks to recover
minimum wage and overtime pay, including liquidated damages,
interest, attorneys' fees and costs, pursuant to the Fair Labor
Standards Act and NY Labor Law.

Defendants own, operate, and/or control a Latin American food
restaurant located at New York, New York.

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
         Facsimile: (212) 317 1620


SPOTIFY: Files Motion to Strike Lowery's Class Action Claims
------------------------------------------------------------
Music Ally reports that the streaming service has filed a motion
to strike the class allegations claiming the case is "a fatally
flawed candidate for class treatment" -- with the familiar
spaghetti junction of music-industry royalties its chief argument.

"There is simply no way to determine who qualifies as a class
member without first determining the thorny and often intractable
threshold questions of (1) who owns the mechanical rights to any
given composition in the first place, assuming the composition
itself can be identified at the outset; and (2) whether Spotify
has reproduced or distributed those compositions without license
or authorisation (which requires a separate set of additional
inquiries)," claims Spotify's filing.

"Making these determinations requires the sort of mini-trial on
the merits that precludes feasible identification of class
members."

Spotify's filing goes on to claim that Lowery's lawsuit also falls
down on the fact that its "common questions" will in fact "yield
individualised and fact-intensive answers not just for each
putative class member, but for every possible musical composition
at issue" -- from ownership of its mechanical rights and the
validity of its copyright registration to whether and how it was
reproduced and distributed by Spotify; whether any infringement
was willful; and what damages are appropriate.

"For starters, Plaintiff has not identified the works that are the
subject of the alleged infringement, nor has he identified a
methodology for doing so," the filing later claims.

"Tellingly, he does not even offer a complete list of his own
works as to which he claims infringement . . . More important,
even if Plaintiff had identified the compositions relating to
absent putative class members that he believes are relevant to
this lawsuit, it is inconceivable that he could generate accurate
ownership information for each composition."

It all boils down to the lack of a global repertoire database --
"widely recognized as an intractable problem in the music
industry" -- although music lawyer Chris Castle has already
criticised Spotify's line of attack on this score, citing
Spotify's previous claim that it is setting aside royalties for
songs that it streams in the US for which the rightsholders are
"not immediately clear".

"So which is it -- Spotify knows which songs are not licensed and
are accruing royalties at some theoretical rate (to the tune of
millions of dollars according to press reports), or song ownership
is such a mystery that such an accrual is not capable of mortal
knowledge?" asked Castle.

"Don't you think the Court might want to know about that accrual
part? And learn it from Spotify's lawyers?. . . Now that Spotify
has been called out, rather than publishing a list of these songs,
Spotify tries to hide behind the lack of some unicorn database to
excuse their bad behavior.  A unicorn database that has never
existed."

The case continues.


SUBARU: Recalls Legacy, Outback Vehicle Models Due to Injury Risk
-----------------------------------------------------------------
Starting date: December 18, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Airbag
Units affected: 22864
Source of recall: Transport Canada
Identification number: 2015599TC
ID number: 2015599
Manufacturer recall number: WQR-53

On certain vehicles, the passenger frontal airbag inflator could
produce excessive internal pressure during airbag deployment.
Increased pressure may cause the inflator to rupture, which could
allow fragments to be propelled toward vehicle occupants,
increasing the risk of injury. This could also damage the airbag
module, which could prevent proper deployment. Failure of the
passenger airbag to fully deploy during a crash (where deployment
is warranted) could increase the risk of personal injury to the
seat occupant. Correction: Dealers will replace airbag inflators.
Note: This is an expansion of recall 2015-234.

  Make       Model     Model year(s) affected
  ----       -----     ----------------------
  SUBARU     LEGACY    2005, 2006, 2007, 2008
  SUBARU     OUTBACK   2005, 2006, 2007, 2008


SUZUKI: Recalls Gladius 650 (SFV650A) 2013 and 2015 Models
----------------------------------------------------------
Starting date: December 16, 2015
Type of communication: Recall
Subcategory: Motorcycle
Notification type: Safety
Mfr System: Fuel Supply
Units affected: 178
Source of recall: Transport Canada
Identification number: 2015593TC
ID number: 2015593
Manufacturer recall number: 112

On certain motorcycles, the fuel tank breather hose may have been
kinked during assembly. This could result in fuel flow through the
breather hose to be obstructed and the fuel tank internal pressure
could become abnormally high or low, causing deformation of the
fuel tank, or in some cases could lead to a crack in the fuel
tank. If the fuel tank develops a crack, fuel leakage can occur,
which in the presence of an ignition source, could result in a
fire. Correction: Dealers will inspect and replace the fuel tank
breather hose. If the inspection shows that there was obstructed
flow through the breather hose caused by a kink in the hose, the
fuel tank will also be replaced.

  Make         Model                     Model year(s) affected
  ----         -----                     ----------------------
  SUZUKI       GLADIUS 650 (SFV650A)     2013, 2015


TOPPERS INTERNATIONAL: Former Exotic Dancer Files FLSA Suit
-----------------------------------------------------------
Ed Morales, writing for Online Athens, reports that the owners of
an Athens strip club have so far failed to respond to a lawsuit
brought by several of the club's former exotic dancers, spurring
the women to ask the court for a default ruling on their behalf,
according to federal court documents.

Christie Burrell, a former exotic dancer at Toppers International
Showbar, filed a class-action lawsuit against the club in U.S.
District Court on Dec. 30, claiming the strip club's owners
misclassified their adult entertainers as "independent
contractors," allowing Toppers to bypass compensation rules
dictated by the federal Fair Labor Standards Act.  Ms. Burrell and
six other dancers are seeking unpaid wages, overtime and tips they
claimed were withheld during their time working at the downtown
Athens establishment.

In court documents, Ms. Burrell's attorney Andrew R. Frisch filed
a motion for clerk's default, writing that Toppers International
Inc. and owners Darnell and Sandra Gardner failed to respond to
the suit with 21 days of being served of the complaint.

They have "failed to plead or otherwise defend this case as
provided by the Federal Rules of Civil Procedure," Mr. Frisch
writes, and asks the court for a default ruling against the
defendants.  According to the documents, responses from the
Gardners were due on Feb. 1.

Ms. Burrell contends the Gardners required or permitted dancers to
work 40 hours or more per week but refused to compensate them at
the applicable minimum wage and overtime rate.  In the lawsuit she
stated her only compensation was in the form of tips, and noted
the Gardners' practice of failing to pay tipped employees
properly, violating the minimum wage provision.

Ms. Burrell is seeking to recover compensation for herself and all
"current and former exotic entertainers who worked at Topper (sic)
International Showbar at any time during the three years before
this Complaint was filed up to the present," according to the
lawsuit.

Since she filed the lawsuit six women filed consent to join
Burrell on the suit.

Similar lawsuits filed across the country in recent years have
resulted in court settlements for dancers against strip clubs,
sometimes in the millions of dollars.


TORRES CREDIT: Violated TCPA & RFDCPA, "Gusman" Suit Claims
-----------------------------------------------------------
James Gusman, individually and on behalf of all others similarly
situated, the Plaintiff, v. Torres Credit Services, Inc., the
Defendant, Case No. 2:16-cv-00256 (C.D. Cal., January 12, 2016),
seeks to recover damages and any other available legal or
equitable remedies resulting from the illegal actions of the
Defendant, in negligently, knowingly, and/or willfully contacting
Plaintiff on Plaintiff's cellular telephone in violation of the
Telephone Consumer Protection Act, Rosenthal Fair Debt Collection
Practices Act and the Fair Debt Collection Practices Act.

Torres Credit Services is a company engaged, by use of the mails
and telephone, in the business of collecting a debt.

The Plaintiff is represented by:

         Todd M. Friedman, Esq.
         Adrian R. Bacon, Esq.
         LAW OFFICES OF TODD M. FRIEDMAN, P.C.
         324 S. Beverly Dr., No. 725
         Beverly Hills, CA 90212
         Telephone: (877) 206 4741
         Facsimile: (866) 633 0228
         E-mail: tfriedman@attorneysforconsumers.com
                abacon@attorneysforconsumers.com


TOTAL HOMECARE: "Castex" Suit Seeks to Recover Overtime Pay
-----------------------------------------------------------
Veronica Marie Castex, Individually and on behalf of others
similarly situated v. Total Homecare Services, LLC
and Bedside Homecare, LLC, Defendants, Case No. 6:16-cv-00018
(W.D. La., La Fayette Division, January 7, 2016), seeks to recover
past and future overtime wages, liquidated damages and
declaratory, injunctive and equitable relief as well as
attorney's fees pursuant to the provisions of Section 216(b) of
the Fair Labor Standards Act of 1938, 29 U.S.C. Section 201.

Castex allegedly has not been paid minimum wage and overtime for
hours worked in excess of 40 hours in a workweek. She works for
the Defendants providing home health services throughout
Louisiana.

Total Homecare Services, LLC, and Bedside Homecare, LLC, are
Louisiana corporations in Lafayette, Louisiana.

The Plaintiff is represented by:

      Kenneth D. St. Pe, Esq.
      KENNETH D. ST. PE
      La. Bar Roll No. 22638
      311 West University Avenue, Suite A
      Lafayette, LA 70506
      Tel: (337) 534-4043


TRANSILVANIA TRADING: Recalls Triple Ginger Brew
------------------------------------------------
Starting date: December 16, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning
Subcategory: Other
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Transilvania Trading
Distribution: British Columbia
Extent of the product distribution: Retail
CFIA reference number: 10245

Transilvania Trading is recalling Trader Joe's brand Triple Ginger
Brew from the marketplace because the bottles may burst. Consumers
should not consume the recalled product described below.

The following product may have been sold at Pirate Joe's, located
at 2348 West 4th Avenue, Vancouver, British Columbia.

Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.

There have been no reported injuries or illnesses associated with
the consumption of this product in Canada.

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

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

  Brand name     Common name    Size    Code(s) on      UPC
  ----------     -----------    -----   product         ---
                                        ----------
  Trader Joe's   Triple Ginger  750 ml  All codes       0051 8574
                 Brew                   purchased
                                        from September
                                        11, 2015 up to
                                        and including
                                        December 16,
                                        2015

Pictures of the Recalled Products available at:
http://is.gd/oxqpPb


TWIN TIER: Faces Suit Alleging Fair Labor Standards Act Violation
-----------------------------------------------------------------
Maureen Pazos and Mary Mannella, on behalf of themselves and all
other employees similarlY situated, v. Twin Tier Hospitality, LLC,
Rochester Airport Hospitality, LLC and Satish Duggal, Case 6:16-
cv-06033 (W.D.N.Y., January 21, 2016), seeks to recover damages in
the form of unpaid wages as well as injunctive relief and
declaratory relief under the Fair Labor Standards Act.

Twin Tier is a hotel management company managing at least fifteen
different hotels in several states including the Radisson Hotel
Rochester Airport.

The Plaintiffs are represented by:

     J. Nelson Thomas, Esq.
     Michael J. Lingle, Esq.
     Sarah E. Cressman, Esq.
     Jessica L. Lukasiewicz, Esq.
     THOMAS & SOLOMON LLP
     693 East Avenue
     Rochester, NY 14607
     Phone: (585) 272-0540
     E-mail: nthomas@theemploymentattorneys.com
             mlingle@theemploymentattorneys.com
             scressman@theemploymentatorneys.com
             jlukasiewicz@theemploymentattorneys.com


TWO DIMITRIS: "Flores" Suit Seeks Unpaid Wages Under Labor Law
--------------------------------------------------------------
Juan Carlos Echeverria Flores and Stephanie D. Camargo, on behalf
of themselves and others similarly situated, the Plaintiffs, v.
Two Dimitris Corp., d/b/a Gyro World, Dimitris Petridis, or any
other related entity, the Defendants, Case No. 705656/2015 (N.Y.
Sup. Ct., County of Queens, June 2, 2015), seeks to recover
compensation, including gratuities and unpaid wages, plus
interest, attorneys' fees, and costs under the Labor Law.

The Defendant is a domestic business corporation organized and
existing under the laws of the State of New York, with a principal
place of business located at Flushing, New York, and is engaged in
the restaurant business.

The Plaintiff is represented by:

          Jeffrey K. Brown, Esq.
          LEEDS BROWN LAW, P.C.
          One Old Country Road, Suite 347
          Carle Place, NY 11514
          Telephone: (516) 873 9550


TYSON FOODS: Supreme Court Justices Split on Class Action Issue
---------------------------------------------------------------
Annie Ropeik, writing for Delaware Public, reports that the fight
is already set over who will replace the late Justice Antonin
Scalia on the Supreme Court.  In the meantime, the court is split
evenly along ideological lines, and any tied ruling would send
that case back to lower courts.

That's creating uncertainty for pending cases this year --
including one that could have big impacts for two Delaware
businesses: Tyson Foods and DuPont.

The Supreme Court first heard arguments last year in a class
action suit against Tyson, which is a major poultry processor on
the Delmarva Peninsula.

But this case came from slaughterhouse workers in Iowa in 2007.
They say they weren't paid for the time they spent donning and
doffing protective gear and transitioning into their shifts.
Instead, they were paid gang time -- or only for the time they
spent on the production line.

Juries and lower circuit court judges have upheld those
allegations, doling out $6 million in damages so far -- but Tyson
has pushed back, which sent the case to the nation's highest court
in 2015.

At issue is whether the plaintiffs can calculate damages based on
an average worker -- when those affected might differ based on
gear they used in their jobs.  The news service Law360 reports the
Iowa workers spent anywhere from a minute or two to more than 10
in the locker room pre- and post-shift.

Tyson says that's not fair.  Their argument stems from a Supreme
Court precedent set in a Wal-Mart case in 2011.  But last fall,
the Court seemed to be leaning away from that precedent -- Wal-
Mart didn't come up when they convened in November.

Justices across the ideological spectrum seemed to think the Tyson
case should hinge on a much older decision -- one from 1946, which
allowed representative statistics to be used in a non-class action
overtime pay law case.

Stakeholders filing briefs on Tyson's behalf have included Dow
Chemical, a Michigan company that's currently working to merge
with Delaware's DuPont.

Dow is interested in the case because of what it could mean for
other businesses that are often involved in class-action suits --
businesses that include DuPont.  They're currently battling
plaintiffs in West Virginia, who say DuPont spent decades dumping
a known carcinogen into their water.

The Supreme Court case also highlights Dow's stake in agricultural
interests -- which could take center stage as the DuPont merger
continues. The combined company would split into three --
including an agricultural chemicals division.

Iowa and Delaware are lobbying to hang onto that division's
headquarters, due in large part to the major presence of
agricultural businesses like Tyson within their borders.


UBER: French Criminal Case Shows Flaws in Expansion Strategy
------------------------------------------------------------
Greg Sandoval, writing for Geek Wire, reports that during a two-
day trial, Pierre-Dimitri Gore-Coty and Thibaud Simphal, the Uber
executives facing criminal charges here, struggled to remember
internal documents and management decisions.  According to
critics, their inability to recall important events at Uber was a
case of selective memory and a poorly disguised attempt to evade
justice.

"Again and again, they said they couldn't remember,"
Karim Asnoun, the secretary general of the CGT Taxis union, told
GeekWire outside the courtroom. "They couldn't remember an ad
(campaign) that went all over. How does anyone believe that? It
was like watching a trial for the Mafia."

A representative of the taxi industry making an unflattering
comparison about Uber, the flag bearer for the digital ride-
hailing industry, could be dismissed as sour grapes.  Uber is
cutting into the revenues of taxi companies across the globe.  But
if rivals are having an easier time painting Uber's management as
a ruthless corporate gang, Uber has only itself to blame.  As the
company storms into new markets, the willingness of Uber's leaders
to flout rules has begun to catch up to them.

At this point, Uber's initial strategy in France appears to be a
bust. In January 2015, France ordered a shutdown of UberPop, a
popular service that connected users to unregistered and
supposedly amateur drivers via the web.  Uber, not
uncharacteristically, defied the order.  When taxi drivers held a
protest last summer against UberPop, France's government responded
by arresting Gore-Coty, 31, Uber's head of European operations,
and Simphal, 34, Uber France's chief.  They were charged with
running an illegal taxi operation, commercial deception and
violating privacy laws. Soon after, Uber suspended UberPop.

At the trial, Messrs. Gore-Coty and Simphal faced a maximum of
five years in prison, but the prosecutor did not request jail time
for the pair.  Instead she asked the court to ban each man from
operating a company for five years, a $78,000 fine for Mr. Gore-
Coty, and $56,000 fine for Mr. Simphal, according to The Wall
Street Journal.  More hearings are scheduled and a final judgment
is not expected for months.

In a statement, Uber said: "This trial--and the upcoming trial of
[Uber competitor] Heetch executives, whose executives face
identical charges--highlight the need for common sense reforms."

Uber and CEO Travis Kalanick are fighters. They seem to revel in
their reputations for never backing down. The big question,
though, is whether it was intelligent to thumb their nose at a
court order.  Look where it took them: UberPop is effectively dead
in France.  Politicians here appear to be digging in their heels
against the company.  France's taxi unions, including
Mr. Asnoun's, are demanding compensation from Uber that totals
about EUR100 million or the equivalent of USD113 million.

And the court case is only the latest unflattering press that will
trail the company as it enters new markets.  Wherever Uber goes,
regulators will read that Uber agreed to pay $28 million to settle
a pair of class-action lawsuits that alleged the company misled
the public about the service's safety.  In August 2014, The Verge
reported that Uber employees systematically made phony
reservations on Lyft, one of its main competitors, in an apparent
attempt to tie up Lyft's operations and drain resources.  That
same year, in an interview with Vanity Fair, Kalanick acknowledged
he tried to undermine Lyft's ability to raise money.

Who can say for sure whether any of this affects Uber's
relationship with customers? Still, during the Nov. 13 terrorist
attacks on Paris, as people desperately tried to get home, word
spread that Uber had begun to dramatically raise fees.  The
company appeared to be trying to cash in on a terrible tragedy.
The problem was, it never happened.  Uber suspended surge pricing
within 30 minutes of the attack.  But the enormous amount of
criticism directed at the company illustrated one thing: For the
public, believing the worst about Uber was easy.


UNITED STATES: Hedge Fund Manager Funds Tea Party Group
-------------------------------------------------------
Zachary Mider, writing for Bloomberg News, reports that the
New York hedge-fund manager Robert Mercer, one of the biggest
conservative donors in the country, has been funding a group
that's paying for a Tea Party lawsuit against the Internal Revenue
Service and seeking to sharply limit the role of the federal
government.

Mercer's family foundation gave $500,000 in 2014 to a group called
Citizens for Self Governance, according to a new filing obtained
by Bloomberg.  Mark Meckler, the group's president, said in an e-
mail that the donation was in support of the group's Convention of
States project, which seeks to amend the U.S. Constitution to
restrict government reach.  According to the website of an
affiliated group, among the amendments it could consider are term
limits for Congress and the Supreme Court; a balanced budget
requirement; and "an upper limit on federal taxation."

Mr. Meckler said Mr. Mercer's donation was unrelated to Citizens
for Self Governance's other big project, financing a federal
lawsuit against the IRS over its targeting of Tea Party groups.
Mercer's hedge fund, Renaissance Technologies, has been in a long-
running dispute with the IRS over trades that may have cut its tax
bill by as much as $6 billion.

Any attempt to link Mercer's donation with the Tea Party lawsuit
would be "dishonest and untrue," Meckler said in an e-mail.

Jonathan Gasthalter, a spokesman for Mercer, declined to comment.
Over the past few years, Mercer has emerged as one of the biggest
patrons of conservative causes in the country.  He's the top donor
in the U.S. presidential race so far, having pumped $11 million
into a super-PAC backing Senator Ted Cruz of Texas.  He's also the
co-chief executive officer of Renaissance, a Long Island-based
hedge-fund management firm that has generated billions of dollars
in profits with computer-driven trading strategies.

The IRS's scrutiny of Renaissance involves a series of trades
known as "basket options" that the hedge fund made with banks
between 1999 and 2013.  According to a 2014 report by the Senate
Permanent Subcommittee on Investigations, Renaissance used them to
claim a lower tax rate on an estimated $34 billion in profits from
the firm's flagship fund, cutting investors' taxes by more than $6
billion.  The fund is open only to Renaissance employees.
In 2012, the IRS challenged the treatment of some of the trades
and demanded more taxes.  Renaissance says the transactions were
proper and weren't tax-motivated.  The dispute ended up in an
internal IRS appeals process that can take many years to resolve.

A Northern California lawyer and former herbal-supplements
salesman, Meckler co-founded Tea Party Patriots, one of the
largest Tea Party groups, in 2009.  He left in 2012 after an
internal power struggle.

Later that year, Mr. Meckler joined Citizens for Self Governance,
then a small Texas nonprofit that is also known as the John
Hancock Committee for the States.  He quickly boosted fundraising,
to $4.8 million in 2014 from $1.2 million in 2012. "Washington,
D.C. is broken and will not be fixed by the ruling elite," reads
the donation page on its website, which solicits gifts as small as
$5.  "Your donation to Citizens for Self-Governance will enable us
to win the fight against an out-of-control government."

In 2013, a Treasury Department inspector general disclosed that
the IRS had been subjecting Tea Party and other conservative
groups to enhanced scrutiny when they applied for nonprofit
status.  Although not a party to the case, Citizens for Self
Governance is paying for a federal lawsuit on behalf of targeted
conservative groups, paying the plaintiffs' lead law firm $969,000
in 2014 alone.

In January, a judge in Ohio allowed the plaintiffs to bring the
suit as a class action.  "CSG has nothing financial to gain in
this case," Meckler said in a statement announcing the victory.
"We fund it because it's the right thing to do.  Someone had to
stand up for the patriots who had been targeted, abused and
discriminated against by their own government."

The Mercer Family Foundation didn't report any contributions to
Citizens for Self Governance prior to 2014.  Its 2015 giving isn't
required to be disclosed until around the end of this year.


UNITED STATES: Veterans Express Concern Over UCLA Stadium Deal
--------------------------------------------------------------
Ward Carroll, writing for Military.com, reports that on Jan. 28,
VA Secretary Bob McDonald put his name to the draft master plan
for the future of the West Los Angeles VA campus, a year after the
agency won a settlement in a class action lawsuit brought before
the courts to reverse years of encroachment on the campus. In his
remarks at a ceremony marking the signing, McDonald spoke about
the accomplishments of those involved in crafting the plan,
crediting the veterans who'd assisted along the way.

"We know this is a team sport," Mr. McDonald said of the process.
"It has to be done collaboratively."

The effort that gave Mr. McDonald confidence that the master plan
he was signing incorporated enough input from local vets involved
collaboration on a massive scale.  Marine vet Mike Dowling, We Are
The Mighty's director of outreach, and Anthony Allman of Vets
Advocacy helped organize a number of veteran service organizations
to get membership mobilized to create the focus of the draft
master plan.

Under the guidance of Dowling and others, dozens of VSO reps met
weekly after work for six months hammering out formal comments
while carrying the message back to their membership to make sure
the direction behind the plan was as comprehensive as possible.

Vets Advocacy, the organization formed to settle the litigation
and implement the settlement agreement, created a website,
www.vatherightway.org, as the primary tool to inform veterans and
get their input. The site allowed veterans to learn the history of
the campus and the associated encroachment issues, see the
schedule of the 12 town hall events, and -- most importantly --
conduct a survey that asked veterans for their opinions about how
the campus could better serve the veteran community.  More than
1,000 vets commented and those recommendations were filed to the
Federal Register, the official government record of the plan.

That result was no small feat. Veterans answered the call to see
to their own well-being in the same way they might have tackled an
objective during their time on active duty.  It was hard work, and
the vets were proud of the fact that they might actually make a
difference and be part of the solution.

But during his speech McDonald also credited the leadership of
UCLA for their part in making the campus better for veterans,
which struck many of the veterans in attendance as odd.  The
university was arguably the worst offender in terms of
encroachment by virtue of the fact that Jackie Robinson Stadium
-- home to the Bruins' baseball team -- was illegally built on VA
property.  What those vets didn't know at the time was that
McDonald was about to sign a document that outlined the terms of
an "enhanced use" land agreement that would allow UCLA to continue
to use the stadium for another 10 years, at least.

Curiously, the VA remained mum while UCLA issued a press release
that outlined several million dollars worth of veteran initiatives
that the university intends to carry out in the years to come in
return for keeping the stadium.

Some veterans who were active in the draft master planning process
expressed concerns that history is in danger of repeating itself
by allowing the VA to sign deals with third parties without
oversight or veteran buy-in for reasons that have no bearing on
the VA's mission.

"It feels like the VA put the cart before the horse by agreeing to
terms before the enabling legislation passes and before any vets
saw the deal," said Seth Smith, a UCLA alumnus and Navy vet. "That
timing leaves a bad taste in vets' mouths.  It's a step in the
wrong direction in terms of regaining the Los Angeles community's
trust."

Richard Valdez, a Marine veteran and chairman of the VSO coalition
in Los Angeles, said concerns from vets like Smith are premature
because the agreement between the VA and UCLA is not legally
effective and requires passage of the Los Angeles Homeless
Veterans Leasing Act, which is expected this spring.

"Veterans need to understand that what was just signed isn't a
contract," Mr. Valdez said.  "It's merely an agreement in
principle."

That fact notwithstanding, vet advocates who put a lot of work
into the draft master plan question the VA's timing and wonder why
they weren't given a heads up that the signing of terms with UCLA
was going to happen.  But VA officials were unflinching when asked
about the circumstances surrounding the arrangement.

"We do everything with veterans in mind," said Vince Kane, the
director of the VA's National Homeless Center.  "And we got a good
deal for them."

Veteran expectations about the magnitude of change on the campus
may have also been shaped by the language in the federal court's
findings in the original lawsuit (Valentini v. McDonald), which
stated that all of the enhanced use land agreements on the VA
campus were illegal.  That may have led veterans to believe that
the agreements would be terminated indefinitely (and even that the
stadium might be demolished) in favor of more pressing priorities.
After all, where does a Division I baseball stadium fit among the
needs of homeless veterans and patients?
Valdez thinks that those who thought that would happen were naive.
"Enhanced use leases are a fact of life, and that's not going to
change," Mr. Valdez said.  "If we have an issue within that
reality, that's where the vet community needs to focus."

Dr. Jon Sherin, a physician who ran mental health services for the
West Los Angeles VA hospital and serves as a senior member of the
Vets Advocacy team, recommended that veterans remain vigilant and
not grow cynical.  "The work isn't over," he said.

"The master plan itself is a monumental achievement on behalf of
the vet community," Mr. Dowling said.  "No matter what happens,
vets in LA set an example for communities across the nation in
coming together to take our future in our own hands."


UNIVERSITY OF TENNESSEE: Peyton Manning Named in Class Action
-------------------------------------------------------------
Terry Shropshire, writing for, Denver Broncos quarterback
Peyton Manning  has been accused of helping to create a "sexually
hostile environment" in a class action lawsuit by a group of women
filed against the University of Tennessee who accuse the school
violated Title IX regulations because the institution allegedly
mishandled and neglected the reports from the women.

The lawsuit stems mostly from cases that occurred between 2013 and
2015, but it also references incidents involving Tennessee
student-athletes dating to 1995 when Manning was the star
quarterback there.

One paragraph in the 64-page document includes a sexual harassment
complaint made by a Tennessee trainer in 1996 involving an
incident that occurred in a training room while she was treating
Manning.

The trainer, Jamie Ann Naughright, settled in 1997, but sued
Mr. Manning for defamation in 2002 after he discussed the incident
in a book.  The lawsuit was settled in 2003.

Mr. Manning played for Tennessee from 1994-97.

Ms. Naughright's sexual harassment states Mr. Manning exposed his
buttocks as Ms. Naughright, then known as Jamie Whited, bent over
to examine his foot in a training room.  Mr. Manning claimed that
it was a prank intended for another athlete.

However, Ms. Naughright said Mr. Manning "sat on her face" while
she was assessing the extent of an injury.

The New York Daily News released a 74-page document on Feb. 13
that Ms. Naughright's lawyers had filed on her behalf in 2003
while the defamation suit was still in litigation.


URSINUS COLLEGE: Norovirus Outbreak Sickens More Than 200 People
----------------------------------------------------------------
Chris Fuhrmeister, writing for Eater, reports that more than 200
students, faculty members, and staff at Ursinus College have
become ill due to an outbreak of Norovirus.  The first reports of
illness occurred on Feb. 9, and the Pennsylvania school announced
earlier on Feb. 15 Norovirus was, in fact, the culprit.  The
outbreak is being connected to Ursinus's on-campus cafeteria.

A Montgomery County Health Department investigation found a number
of violations at the dining hall, reports Buzz Feed, including
dead bugs, pesticides near food, unclean surfaces, and improper
hand-washing practices.  Ursinus shut down the dining hall to
allow for further investigation into the outbreak and so the
facilities could be cleaned and sanitized.  The school followed up
by canceling Feb. 11 and Feb. 12 classes.

Classes resumed as scheduled on Feb. 15, and Julie Paoline,
division director of Communicable Disease Control Montgomery
County Health Department, said Ursinus was on the road to
recovery.

"At this time, the Health Department believes that Ursinus College
administration and its staff have done everything they can do in
terms of focusing on monitoring illness, promoting hand hygiene,
conducting environmental disinfection, and excluding ill food
workers," Ms. Paoline said in a press release.  "There are no
additional recommendations from the department at this time. This
will need to run its course."

Norovirus is the most common cause of foodborne illness in
America, according to the Centers for Disease Control, affecting
19 to 21 million people each year.  It's caused big headaches for
major food brands such as Chipotle, which dealt with outbreaks
linked to locations in California and Massachusetts last year. The
company is facing a criminal investigation and class action
lawsuit as a result of the public health disasters.

A spokesperson for Ursinus College tells Eater the outbreak is
still under investigation, and the school's cafeteria has not been
confirmed as the source.

"While the [Montgomery County Health Department's] first report
cited some violations, all violations have since been corrected
and the health department issued its second Inspection Report for
Food Establishments on Saturday, revealing that Ursinus College
and its Wismer Hall dining facilities are in compliance with the
county and had met the department's recommendations.  The college
voluntarily and precautionary closed Wismer Dining Hall on
Wednesday before reopening on Thursday for dinner, and since then
has remained operational."


VELIKA LLC: Faces "Soriano" Suit Under FLSA, New York Labor Law
---------------------------------------------------------------
Cirilo Petronilo Soriano, individually and on behalf of others
similarly situated, v. Velika LLC (d/b/a George's Restaurant),
Rector Street Food Enterprises Ltd. (d/b/a George's Restaurant),
George Koulmentas, William Koulmentas, and Eleni Koulmentas, Case
1:16-cv-00466 (S.D.N.Y., January 21, 2016), seeks to recover
alleged unpaid overtime wages pursuant to the Fair Labor Standards
Act, the New York Labor Law.

George's Restaurant is an Italian Restaurant owned by George
Koulmentas, William Koulmentas, and Eleni Koulmentas located at 89
Greenwich Street, New York, New York 10006.

The Plaintiff is represented by:

     Michael Faillace, Esq.
     MICHAEL FAILLACE & ASSOCIATES, P.C
     60 East 42nd Street, Suite 2540
     New York, NY 10165
     Phone: (212) 317-1200


WARE DISPOSAL: "Sandoval" Suit Seeks to Recover Unpaid Wages
------------------------------------------------------------
Salomon Sandoval, on behalf of himself and others similarly
situated, the Plaintiff, v. Ware Disposal, Inc., a California
Corporation; and Does 1-100, inclusive, the Defendant, Case No.
BC605732 (Cal. Super. Ct., County of Los Angeles, December 3,
2015), seeks to recover wages for all hours worked at minimum wage
rate and/or overtime which were not paid, civil penalties,
injunctive relief, and other equitable relief, plus reasonable
attorney's fees.

Ware Disposal provides waste management services. The Company
offers solid waste and recycling services. Ware Disposal also
offers roll-off services, dumpster rental, and medical waste
management. Ware Disposal Co serves both residential and
commercial clients. Ware Disposal is based in the state of
California.

The Plaintiff is represented by:

          Joseph Lavi, Esq.
          Jordan Bello, Esq.
          LAVI & EBRAHIMIAN, LLP
          8889 W. Olympic Blvd., Suite 200
          Beverly Hills, CA 90211
          Telephone: (310) 432 0000
          Facsimile: (310) 432 0001


WESTERN STAR: Recalls 4900 Truck 2015 & 2016 Models
---------------------------------------------------
Starting date: December 18, 2015
Type of communication: Recall
Subcategory: Truck - Med. & H.D.
Notification type: Safety
Mfr System: Powertrain
Units affected: 6
Source of recall: Transport Canada
Identification number: 2015603TC
ID number: 2015603
Manufacturer recall number: FL-699

On certain trucks equipped with Marmon-Herrington driven front
axles, flange yoke fasteners were not tightened to specification.
This could allow the driveshaft to become disconnected from the
axle, potentially resulting in injury and/or damage to property.
Correction: Dealers will inspect bolts and tighten or replace as
necessary.

  Make           Model    Model year(s) affected
  ----           -----    ----------------------
  WESTERN STAR   4900     2015, 2016


* Dirty Oil Sparks RICO Class Action in Puerto Rico
---------------------------------------------------
Mary Williams Walsh, writing for the New York Times, reports that
as a lab director at Puerto Rico's power authority, Abraham Ortiz
uncovered what he suspected was a pattern of lawlessness in the
authority's purchasing department, a secretive place where
officials controlled contracts to buy billions of dollars' worth
of oil.

For years, he reported to his superiors, the authority bought
cheap, residual oil that failed to meet federal clean-air
standards, and faked tests to make it look like it had passed.
Ledgers were falsified too, he said, to make it appear as though
the authority had actually bought the higher-grade oil, which cost
more.  The higher price was then passed on to consumers.

Giving some credence to Mr. Ortiz's first complaints in the 1990s,
the Environmental Protection Agency found that the oil being
burned by the authority did, indeed, contain unacceptable levels
of sulfur, which rained down in a toxic mix on neighborhoods near
the power plants for years.

Where did the warnings get Mr. Ortiz? The utility closed his lab
and sent him to work in another department, where he would not
have oversight duties for the testing of oil.

Now, about 25 years later, Mr. Ortiz is being heard.  A committee
of the Puerto Rico Senate has been pulling back the curtain on the
mysterious purchasing department, the Fuel Procurement Office.
And Mr. Ortiz, now retired, has been a star witness.

"It was a scheme," he told the senators, "and it went on for
years."

The questions about the oil are part of a much larger mandate the
Senate has taken on -- determining how the authority became mired
in more than $9 billion in debt it says it cannot pay.  The debt
troubles could not be more pressing, as the legislature faces a
deadline on Feb. 16 for a vote on the authority's plan for
renegotiating that debt.

While it is clear that the authority's financial downfall is
complex and multifaceted, the question of whether it bought dirty
oil while billing customers for clean oil stands out as one of the
most charged issues it is facing.  If true, the accusations would
go beyond errors in judgment and amount to a decades-long fraud.

"It is a criminal matter. Hell yes, it is a criminal matter," said
Eduardo Bhatia, the Senate president, who is overseeing the
hearings.  In a recent interview in Puerto Rico's imposing capitol
building, known as the Palace of Laws, he said the power
authority's longstanding mission was to bring about development
and prosperity on the island, but instead it had become an anchor,
pulling Puerto Rico down.

Among the unfulfilled promises the authority made, for example,
was to use money from the bonds it sold to upgrade its plants and
phase out oil as its fuel for generating electricity -- something
most power utilities in the United States did years ago.  In
Puerto Rico, that change has still not happened, and the Senate
investigators are trying to learn whether goings-on in the Fuel
Procurement Office help explain the reason.

"For more than 25 years, I've been auditing and evaluating this
situation," Mr. Ortiz said of his beliefs about the oil quality.
"I've turned to many agencies that had the responsibility and duty
to deal with situations like this one."  He named half a dozen of
them.

"No one did anything," he said.

Mr. Ortiz is not alone in his suspicions about the fuel, which was
purchased over the years from, among others, the deeply troubled
Brazilian state-owned oil company Petrobras.  Another witness, a
former chairman of the utility's board, said it was "no secret"
that a few large companies were rigging the prices the utility
paid for oil at purported auctions.

"You don't have to catch people with their hands in the dough to
know what a cartel is," said that witness, Luis Anibal Aviles. The
Senate hearings are scheduled to continue into March.

Similar claims are contained in a highly detailed class-action
lawsuit filed by plaintiffs in Puerto Rico who say they were
harmed by the dirty oil.  They are invoking the federal
Racketeering Influenced and Corrupt Organizations Act, or RICO.

The suit names a host of officials, oil suppliers and testing labs
as defendants. It estimates that since 2002, Puerto Ricans have
paid more than $1 billion too much for their electricity, because
they were supporting a scheme of "undisclosed kickbacks or
commissions," run out of the Fuel Procurement Office. It seeks
reimbursement plus triple damages.

While not addressing the complaint in any detail, the authority
has asked the court to dismiss the lawsuit, saying the plaintiffs
have not shown that a racketeering conspiracy even existed, much
less harmed them. Lawyers for the many other defendants have done
the same.

Arturo Diaz-Angueira, a lawyer for the power authority, called the
Senate investigation politically motivated and said the assertions
made no sense.

"I would be willing to bet my house that this didn't happen --
that there was no corruption," he said.

Mr. Diaz-Angueira said the utility had effective systems in place
to make sure the oil it burned complied with all federal clean-air
standards. Regulators made unannounced inspections to check, he
said, and have not found anything wrong.

"This was instigated by a disgruntled employee, named Abraham
Ortiz," he said.

He added that it was particularly troubling that the Senate had
decided to hold its hearings now, when the power authority was in
talks with its creditors to restructure its $9 billion debt.

"The message being sent to the other side of the ocean is that
you're dealing with crooks here, and that's terrible," Mr. Diaz-
Angueira said. If the negotiations break down there could be major
defaults, and blackouts, this spring and summer.

Senator Bhatia said he had become interested in the utility's
affairs several years ago, when he noticed it had borrowed
hundreds of millions of dollars for construction projects that had
not been built.

"It's the most outrageous thing," he said.  "They were borrowing
money to meet the payroll. They were borrowing money to run the
company.  It's a recipe for having a huge debt, having inefficient
equipment, and then going bankrupt."

Mr. Ortiz did not touch on the utility's finances in his
testimony, but offered a wealth of detail on how it received,
stored and tested oil.  Hour after hour, under oath, he told of
documents doctored by the hundreds with Liquid Paper.  He told of
lab technicians who recalibrated their equipment to get desired
test results. He described off-the-books "rebates" paid to
suppliers that were not entitled to the money.  He took the
senators through an audit report page by page, pointing out each
line where he said the findings had been watered down.

He recalled the cat-and-mouse games he played with allies in the
utility who put him onto audit teams before the Fuel Procurement
Office could find out and block him.  During one highly
contentious field audit in 2012, he said, a man from the Fuel
Procurement Office chased him down in a parking lot, screaming.

"He stuck his finger in my face," Mr. Ortiz said.  "He told me the
trouble I was making was the source of all the authority's
problems with oil."

In fact, the authority's problems with oil had started decades
earlier, when residents of Cata¤o, an industrial community near
San Juan, fed up with dirty air and frequent illnesses, waylaid
the head of the E.P.A. at a Caribbean conference and persuaded him
to do a study. The researchers found that Puerto Rico's power
authority was by far the biggest polluter in its E.P.A. region
(which includes New York and New Jersey), spewing an estimated 100
million pounds of sulfur dioxide mist over Cata¤o and other
communities in the shadow of its smokestacks.

The federal regulators found that the authority was burning
something known as "sludge," the oil that is left after more
desirable distillates are removed from crude oil.  Sludge is
filthy to burn in any case, but in Puerto Rico it was worse
because the power authority in those days had no emissions
controls on its smokestacks.

The E.P.A. brought its findings to the Justice Department and
several years of litigation followed.  In 1999, the authority came
under a federal consent decree, requiring it to limit emissions of
sulfur and other hazardous substances.  The decree was amended in
2004. Much of the skewed testing that Mr. Ortiz described in his
testimony involved what he said were efforts to skirt those limits
during and after the litigation, and to continue buying and
burning sludge.

"I can't tell you the reason," Mr. Ortiz said in his testimony. "I
can only tell you that it happened, that it was bad, and that it
has had horrible consequences for the authority."


* FDA Set to Issue Decision on Antibacterial Soaps in September
---------------------------------------------------------------
Laura Landro, writing for The Wall Street Journal, reports that is
the quest for clean doing more harm than good? That's the question
at the heart of a debate between cleaning-products makers,
researchers and environmental advocates.  The outcome could affect
millions of Americans who use antibacterial soaps, body washes and
shower gels to fight germs--as well as the companies that supply
the $5.5 billion market for soap, bath and shower products.

In September, the Food and Drug Administration will announce a
decision on whether companies that make and market antibacterial
soaps containing certain ingredients have demonstrated they are
safe and more effective than plain soap and water in preventing
illness.  If the FDA decides against them, the companies must
reformulate the products -- a step a number of big manufacturers
have already taken, citing public concerns -- and may need to
remove claims from their labels.

The proposed new rules are part of a more sweeping review of
virtually all antiseptic products used in the war against germs
that are rinsed off or left on, including those used in hospitals
to fight the rise in virulent bacteria and protect patients from
infection.  The FDA also plans to review hand sanitizers,
including those based on alcohol, and it's weighing separate rules
for food-processing workers.

The chemicals used in antibacterial cleaners have been around for
decades and are used in a wide range of other products.  There's a
lack of hard data linking them to human health outcomes.  The FDA
first judged some chemicals were safe and effective in 1994. But
the most commonly used chemical, triclosan, was always under
separate scrutiny, and while the FDA never took formal action,
since then studies have suggested it can interfere with hormones
and cause changes in thyroid, reproductive-growth and
developmental systems.  And some research indicates that the
booming use of antibacterials is contributing to the creation of
superbugs that are resistant to the antibiotics long used to fight
them.

With new evidence that exposure is higher than previously thought
and advances in technology to detect chemicals in the body, new
data is needed to assess long-term effects, says Theresa M.
Michele, director of the Division of Nonprescription Drug Products
in the FDA's Center for Drug Evaluation and Research.

"We now know we can measure small amounts of ingredients in blood
and that things you put on your skin can potentially be absorbed
into the body," Dr. Michele says.  Her advice: "At this point,
wash your hands with plain soap and water, because we don't have
enough data demonstrating these antibacterial soaps are any
better" in fighting disease.

The FDA review, which includes 22 chemicals, has pitted the $30
billion cleaning-products industry, which maintains the products
are safe and more effective than regular soap, against
environmental groups and some scientists who charge they are not
only no more effective than regular soap, but are dangerous to
health and should be banned or restricted to fighting dangerous
outbreaks in hospitals.

Both sides in the debate have submitted reams of evidence to the
FDA supporting their stance, offering up conflicting studies that
make it a challenge for the average consumer to make informed
decisions.


                        Asbestos Litigation


ASBESTOS ALERT: Care Capital Maybe Subject to Environmental Laws
----------------------------------------------------------------
Care Capital Properties, Inc., may be subject to various federal,
state and local environmental and health and safety laws and
regulations addressing various matters, including asbestos,
according to the Company's Form S-11 filing with the U.S.
Securities and Exchange Commission on January 29, 2016.

The Company states "As an owner of real property, we are subject
to various federal, state and local environmental and health and
safety laws and regulations. These laws and regulations address
various matters, including asbestos, fuel oil management,
wastewater discharges, air emissions, medical wastes and hazardous
wastes. The costs of complying with these laws and regulations and
the penalties for non-compliance can be substantial. For example,
although we do not operate or manage our properties, we may be
held primarily or jointly and severally liable for costs relating
to the investigation and clean-up of any property from which there
has been a release or threatened release of a regulated material
as well as other affected properties, regardless of whether we
knew of or caused the release. In addition to these costs, which
are typically not limited by law or regulation and could exceed
the property's value, we could be liable for certain other costs,
including governmental fines and injuries to persons, property or
natural resources."

Care Capital Properties, Inc. focuses on owning, acquiring, and
leasing skilled nursing facilities and other healthcare assets
operated by private regional and local care providers in the
United States. The company was incorporated in 2015 and is based
in Chicago, Illinois. Care Capital Properties, Inc. operates
independently of Ventas, Inc. as of August 18, 2015.

ASBESTOS ALERT: Nexeo Could Be Subject to Asbestos-Related Claims
-----------------------------------------------------------------
Nexeo Solution Holdings, LLC, could be subject to personal injury
claims related to asbestos exposure, according to the Company's
Form 10-K filing with the U.S. Securities and Exchange Commission
for fiscal year ended September 30, 2015 , 2015.

The Company states "Our Chemicals and Environmental Services lines
of business involve the storage, transportation and handling of
hazardous materials, including chemicals and wastes. The nature of
these operations could subject us to personal injury claims from
individuals or classes of individuals related to exposure to such
materials. We may also be subject to personal injury claims
related to exposure to asbestos. Although we do not manufacture or
distribute any products containing asbestos, asbestos-containing
building materials have been identified at some of our facilities;
these materials could present an exposure risk if improperly
handled. Under our purchase agreement with Ashland, Ashland has
retained liability for all personal injury claims related to its
ownership and operation of the transferred assets before the
closing date of the Ashland Distribution Acquisition and will
indemnify us for any losses associated with these liabilities,
subject to some limitations. Ashland will not indemnify us,
however, for any personal injury claims arising from our own
ownership and operation of the transferred assets after the
closing date of the Ashland Distribution Acquisition, nor will
Ashland indemnify us for any claims related to the removal or
abatement of asbestos-containing materials. There can be no
assurance that we will not incur any of these claims that could
result in a material impact on our business, financial condition,
cash flows or results of operations in the future."

Nexeo Solutions provides solutions for customers with chemicals,
plastics, composites, and environmental services challenges. The
company distributes chemicals, plastics, and composite raw
materials (such as resins and fiberglass) to more than 70
countries. Most of its sales, however, come from North America.
Nexeo Solutions sells more than 27,000 products, including
chemicals from Dow and Eastman; plastics from BASF and SABIC; and
composites from Owens Corning and Reichhold. It also has an
environmental services business that provides transportation and
logistics services for waste disposal from eight storage
facilities in the US.


ASBESTOS UPDATE: David Cameron Urged to Close Asbestos Loophole
---------------------------------------------------------------
Jonathan Owen, writing for The Independent, reported that David
Cameron is being urged to intervene to ensure the Ministry of
Defence gives 60 veterans with terminal cancer from asbestos
exposure the same compensation rights as civilians and other ex-
soldiers.

The Prime Minister is facing calls from military figures, medical
experts and politicians to close a loophole that means dozens of
dying former soldiers will miss out on a lump-sum payouts.

In December, defence officials changed the rules to allow those
suffering from mesothelioma caused by exposure to asbestos during
their time in service to take their compensation as a lump sum
rather than a pension, after a campaign led by The Independent.

But the change, which comes into effect from April, does not apply
to those who were diagnosed before December last year. And time is
running out for dozens of veterans, some of whom have months to
live.

Fred Minall, a 74-year-old Royal Navy veteran dying of the cancer,
and other prominent figures have now written to Mr Cameron
demanding urgent action.

The letter is being handed in to Number 10. Among the signatories
are Admiral Lord West, former Chief of Naval Staff, Professor
Julian Peto, Cancer Research UK chair of epidemiology at the
London School of Hygiene and Tropical Medicine, and Dr Penny
Woods, chief executive of the British Lung Foundation.

"We request that all qualifying veterans be treated equally,
regardless of the date of their diagnosis with mesothelioma, as is
morally required under the armed forces covenant," the letter
says.

"We also request that the acquisition of equal treatment for both
veterans and their widows/families, be pursued by ministers with
all due haste, because people are dying."

For years, veterans with mesothelioma due to asbestos exposure
that occurred decades ago could apply only for a pension, in
contrast to the Government's scheme for civilian patients, who are
eligible for a lump sum.

30,000 police officers may have been exposed to toxic asbestos
The MoD announced a change of policy at the end of last year, but
it only applies to those diagnosed on or after 16 December 2015.
This means that about 60 veterans already dying from the disease
will not benefit.

Lord West, who will raise the issue during a reading of the Armed
Forces Bill in the House of Lords tomorrow, told The Independent:
"This small group of veterans should be considered worthy of
'special' status within the terms of the armed forces covenant, in
light of both their limited life expectancy and the severity of
their pain and suffering."

Cross-bench peer Lord Alton said: "Their exclusion defies logic
and fairness."

In a statement an MoD spokesperson said: "This is a complex issue
but, as the minister has indicated previously, this Government is
determined to ensure that all mesothelioma claimants receive fair
treatment. We hope to provide a positive update over the coming
weeks."


ASBESTOS UPDATE: Study Probes Asbestos in Sumas River Sediment
--------------------------------------------------------------
The Sumas River, in northwest Washington, contains sediment that
carries naturally occurring asbestos. Scientists at the U.S.
Geological Survey, in cooperation with the U.S. Environmental
Protection Agency, released a report detailing new and publicly
available information about the asbestos in the water and
sediment.

A large active landslide on the western flank of Sumas Mountain in
Whatcom County, Washington, is a significant source of sediment to
Swift Creek and the salmon-bearing Sumas River, especially after
heavy rains. The landslide contains naturally occurring asbestos
and elevated levels of metals. Naturally occurring asbestos is
described as asbestos found in-place in its natural state, such as
in bedrock or soils. Although the landslide has been active since
the early 20th century, a 2006 analysis of the sediment revealed a
high asbestos content, leading resource managers to treat the
sediment with caution.

During a two-year study, USGS scientists measured the amount of
sediment carried by the Sumas River during normal and wet years
and assessed the settling and transport characteristics of
asbestos fibers in river water. Heavier sediment such as sand and
gravel settle out quickly, but finer sediment including silt, clay
and asbestos fibers settle out more slowly and travel farther
downstream.

In water, asbestos fibers can form bundles that are visible when
in high concentrations and, when seen up close, give water a miso
soup-like appearance that, under most river flows, does not settle
out. The study found that the river transported 24,000 and 54,000
tons of suspended sediment in 2012 and 2013, respectively, and
observed that samples of river sediment were up to 37 percent
asbestos by mass.

Results from the USGS will help guide agencies managing sediment,
and flood and health risks in the Sumas River watershed.

The report, "Transport and Deposition of Asbestos-Rich Sediment in
the Sumas River, Whatcom County, Washington," by Christopher A.
Curran, Scott W. Anderson, Jack E. Barbash, Christopher S. Magirl,
Stephen E. Cox, Katherine K. Norton, Andrew S. Gendaszek, Andrew
R. Spanjer, and James R. Foreman, is published and available
online as U.S. Geological Survey Scientific Investigations Report
2015-5177.


ASBESTOS UPDATE: Couple Files Suit Against 70+ Companies
--------------------------------------------------------
Lee Sturdivant and his wife Betty have been living with his
diagnosis of asbestosis lung cancer for over three years, and
since that time, the couple has been doing their homework. Having
been told that his condition, much like mesothelioma, is a cancer
that is specifically caused by asbestos, they looked back over his
life to determine how he might have been exposed and discovered
over seventy companies whose products or unsafe work practices
they blame for his sickness. The two filed suit against them all,
as well as against insurance giant Metropolitan Life for
conspiring to suppress information about the dangers of the
carcinogenic material.

Among the companies that the two have named in their lawsuit are
such notables as Dow Chemical Company, Honeywell International,
Inc., and the Sherwin Williams Company. Mr. Sturdivant is a
veteran of the U.S. Army who served between 1971 and 1976, and who
then moved on to work for a number of companies in a variety of
occupations.  The couples' lawsuit, which seeks no less than
$50,000 from each of the defendants, alleges negligence and other
claims, as well as loss of consortium from her husband for Betty.

Asbestos-related diseases have sickened tens of thousands over the
years. As the American justice system began ruling in favor of
plaintiffs like the Sturdivants and ordering asbestos companies to
provide compensation to victims, many companies sought bankruptcy
protection, but they were required to establish asbestos
bankruptcy trusts as part of their reorganization plans in order
to ensure that those who had been sickened and who had not yet
filed lawsuits would be protected and provided with appropriate
compensation in the future. These asbestos bankruptcy trusts have
an estimated current value of $30 billion dollars available to
help victims of mesothelioma and other asbestos related diseases.
For those companies for whom trusts don't exist, victims have no
other option but to file lawsuits similar to those being filed by
the Sturdivants.

If you have been diagnosed with asbestosis, lung cancer,
mesothelioma or any other condition that can be attributed to your
exposure to asbestos, then an attorney who is experienced in
asbestos law suits can help. The law firm of Danziger & De Llano
has a record of successfully assisting asbestos victims in
applying for compensation from the $30 billion asbestos bankruptcy
trusts, as well as in filing lawsuits against the companies whose
negligence has created so many victims. Call us today at 800-818-
5043 to learn more about your options.


ASBESTOS UPDATE: Calif. Court Flips Summary Judgment to 3 Cos.
--------------------------------------------------------------
HarrisMartin Publishing reported that a California appellate court
has reversed awards of summary judgment to three asbestos
defendants, opining that while, in some instances, the evidence
was "not overwhelming" or "not compelling," the plaintiffs had
still established that a triable issue of fact existed.

In the unpublished Feb. 8 opinion, the California 1st District
Court of Appeal reversed summary judgment awards to Ford Motor
Co., Navistar Inc., and Kelsey-Hayes Co., but affirmed a summary
judgment award to Gibbs International Inc.

The plaintiffs asserted the claims on behalf of Gene Lepore,
contending that he developed mesothelioma as a result of exposure
to asbestos.


ASBESTOS UPDATE: Woman Blames Illness on Dad's Overalls
-------------------------------------------------------
The Sun reported that a woman is seeking compensation after
getting cancer - from washing clothes.

Ann Siddons has developed the type of the disease that is commonly
caused by exposure to asbestos, which she thinks came from the
overalls her father and husband wore.

Ann, 72, was diagnosed with mesothelioma last August, which caused
her to lose more than a stone in weight and go under the knife to
drain her lungs.

Her husband Henry, known as Harry and her dad Walter Ward, died of
the illnesses linked to their work in a tile factory during the
1960s and 70s.

Harry Siddons died of pneumonia in 2009 aged just 69 after he was
forced to retire due to poor health 14 years earlier and her dad
died of the same cancer at 67 in 1981.

Ann, of Lenham, Kent, is now seeking compensation from the roof
tile company Marley Eternit, who say they are unable to confirm
whether their tiles were toxic.

"My father used to take off his overalls and leave them on his
chair overnight. In the morning, he'd put them back on and go to
work."

Ann added: "I remember shaking them out of the back door to get
the dust off before washing them and turning out the pockets full
of the stuff. I must have done that every week for about eight
years.

"As soon as I heard, I knew I'd got it from washing the overalls."

Ann first went to her GP in August last year complaining that she
was having trouble breathing, but after an x-ray at Maidstone
hospital, Kent, it was confirmed she had the industrial disease.

Lawyer Peter Williams of Fieldfisher is seeking compensation for
Ann, who lives off her state pension, to provide the care she
needs.

Mr Williams said: "I am urgently looking for witnesses and asking
anyone who worked at the Marley factory at around the same time to
help me piece together the working conditions.

"I'd be extremely grateful for anyone's help in ensuring Mrs
Siddons gets the care she deserves."

A spokesman for Marley Eternit Ltd said: "Marley Eternit Ltd is
and always has been a roof tile manufacturer.

"It has never operated from the site at Lenham and our products
have never used asbestos.

"We have not received any contact regarding this claim, so it
would be inappropriate for us to comment further."


ASBESTOS UPDATE: Asbestos Found in Debris at Old Dura Plant
-----------------------------------------------------------
Brigette Burnett, writing for 13abc Action News, reported that
many people of Toledo and Adrian remember how vital the Dura
plants were.

"I just build convertible tops various stages of it," said Matt
Bishop. "Pretty simple work."

The automotive parts manufacturer had been around since 1913.
Three years ago, the location on East Beecher Street was torn
down.

"It was actually a decent place to work," said Bishop.

The Lenawee County Administrator Martin Marshall said the
demolition was incomplete and the owners of the property did not
pay their taxes. Therefore the property went into foreclosure.

"The county holds it and would normally sell it to satisfy that
tax lean but because the property has that contamination on site
in addition to a pile of rubble, so the county withheld it from
sale until the county can address some of those contamination
issues," said Marshall.

Marshall told 13abc that the city of Adrian has a Brownfield
Redevelopment Authority. The BRA hired an environmental firm to
examine the site. Tetra Tech found asbestos in the pile of rubble.

"I've known people who worked there for like 30 years," said
Bishop. "That's not good to know. I mean it's good to know, but
it's kind of distressing a little bit."

Marshall doesn't want to alarm people who live and work nearby or
have worked at the Dura plant.

"The asbestos is not a huge hazard," said Marshall. "It's when you
start tearing it a part and and fibrous asbestos becomes a
hazard."

He said if individuals disturb the site and fibers are released
that puts them in risk of asbestos exposure.

The EPA is reaching out to the prior owners and formalizing a plan
to remove the debris.

            EPA confirms asbestos at old Dura site

Lonnie Huhman, writing for Lenconnect.com, reported that the
Environmental Protection Agency's initial site assessment report
of the old Dura plant property has confirmed the presence of
asbestos in the debris piles.

According to the site report conducted by the EPA consultant,
Tetra Tech, out of the 15 samples collected on Jan. 21 at the site
in Adrian, asbestos was detected in eight of them from the on-site
debris piles.

Tetra Tech finalized its report and issued it to the EPA. The
purpose of Tetra Tech's sampling study was to confirm the presence
of asbestos containing material in the debris piles.
The report's conclusion stated, "There is a potential for exposure
to humans based on the presence of asbestos on site and the
presence of residents within 100 feet of the site."

This is the follow-up to the Adrian Brownfield Redevelopment
Authority's authorized analysis performed by ASTI Environmental,
which also found asbestos on the site.

The former Dura site is owned by Lenawee County through tax
reversion.

As a result of the previous demolition activities, the EPA-
sponsored report states non-asbestos containing material items and
debris in the waste piles have been contaminated with asbestos.
Tetra Tech estimates there is 1,000 cubic yards of debris on the
site.

The report states the largest pile of debris, estimated to be 700
cubic yards, contains large amounts of asbestos. A bulk sample of
white insulating material found in the large pile near Beecher
Road was contains material with 70 percent chrysotile asbestos.

The report also stated the presence and proximity of nearby
residents increases the likelihood of exposure from a release of
airborne asbestos fibers from the site. The potential risk for
exposure could occur through unauthorized persons accessing the
site and through certain weather conditions.

"The site was non-operational and vacant, with no roof or cover
over the debris piles," the report stated. "The lack of covering
increases the likelihood of high winds during dry conditions
releasing asbestos fibers into the environment."

The Dura site is located at 1365 East Beecher St and is
approximately 15.5 acres. It previously housed a 157,000-square
foot building used as an automobile supplier specializing in the
manufacture of convertible tops.

Brian Kelly, the EPA's Federal On-Scene Coordinator, said by this
summer the investigation and enforcement search should be
completed.

"At that time, either the responsible parties will clean up the
asbestos or EPA will fund the cleanup and seek cost recovery from
those liable parties," Kelly said.


ASBESTOS UPDATE: Christchurch Library Site Has Asbestos
-------------------------------------------------------
Tina Law, writing for Stuff.co.nz, reported that asbestos-riddled
demolition material will have to be removed from a central
Christchurch site before work can begin on the new $85 million
library.

The material, enough to fill an Olympic-sized swimming pool and a
25-metre-long pool, has been sitting at the site on Gloucester St
since the Coachman Inn and surrounding buildings were demolished
after the 2011 earthquakes.

The material has posed no danger to the public because the traces
of asbestos were "very low" and was within the buried fill
material, not sitting loose on top, Christchurch City Council city
services general manager Dave Adamson said.

The removal of the material was not expected to delay the library
project, which was scheduled to be completed in 2018, he said.

Ground testing had identified minor contamination at the old
Coachman site and the Mum's Cafe building, he said.

The council and the Canterbury Earthquake Recovery Authority
(Cera) had known about the contamination from the outset, but it
could not be addressed until the neighbouring Camelot Hotel was
demolished. This happened at the end of 2015.

Only some of the 3000 cubic metres of fill was contaminated with
asbestos, but it all had to be taken away because it was not
feasible to separate out the contaminated material from the non-
contaminated. It would be taken to the Kate Valley landfill in
North Canterbury.

Adamson said he was not sure how much it would cost to remove the
material because a contract had not yet been awarded.

Council development director Peter Vause told the council's
communities, housing and economic development committee, the
council would be undertaking the work on behalf of Cera, which
would be paying the bill.

The council was not sure exactly where the fill came from because
there were a number of buildings demolished early on, including
the Coachman. The recently demolished Camelot building was
stripped out and cleaned before demolition, Adamson said.

Christchurch City councillor Yani Johanson said the asbestos at
the library site was not a one-off issue, because asbestos had
been found at other sites including at the metro sports facility.

"I don't want to be alarmist but we are finding these issues on
public sites, I wonder how prevalent it could be on the private
sites as well?"

He was concerned the issue of asbestos was only being addressed
when sites were being developed and believed more needed to be
done earlier.

The council has so far committed $75 million to the project and
was hoping on getting the remaining $10m from philanthropic
contributions.

Adamson would not say if the council had received any donations
toward the library. He said an update would be provided after the
contract had been awarded.

The council was now evaluating three tenders and would make a
recommendation to the council.


ASBESTOS UPDATE: Italian Case Puts Spotlight on Honorary Degree
---------------------------------------------------------------
Finnegan Schick, writing for Yale News, reported that in Casale
Monferrato -- a small city of 35,000 on the banks of the river Po
in Northern Italy -- sits Swiss billionaire Stephan Schmidheiny's
abandoned cement factory, a building responsible for the asbestos-
related deaths of thousands over the past 20 years.

Assunta Prato, 64, came to Casale with her late husband 40 years
ago. The newlyweds had little to do with the factory -- she taught
in the local school, he was a local official -- until Prato's
husband died in 1996 from mesothelioma, a rare and untreatable
chest cancer typically caused by asbestos contamination. Prato was
left to raise her three teenage children alone, and in the years
since her husband's death, she has worked to bring asbestos
awareness to her local community. Casale residents continue to die
from asbestos-related illnesses at the rate of one person per
week, Prato said. Although the factory shut down, asbestos
continues to blow over the town, irreversibly polluting the
environment.

In 1996, Yale awarded Schmidheiny an honorary Doctor of Humane
Letters degree for creating "an attainable vision of a global
economy based on sustainable, ecologically sound development." In
2012, an Italian court convicted Schmidheiny of negligence that
led to the asbestos-related deaths of over 2,000 people in Italy.
After three years of outside pressure from Yale alumni and
asbestos victims, a panel of lawyers and medical professors met at
Yale Law School to discuss whether the University should revoke
Schmidheiny's degree. If Yale does, it would be the first time an
honorary degree has been revoked in University history.

DEGREES OF DEGREE

At the core of Schmidheiny's case is the broader question of
whether the University should revoke any degree, and under what
circumstances. If Yale set a precedent for revoking a degree,
would that open the door to a flood of objections to other
honorary degrees? The Schmidheiny case comes amid recent debate
over honorary degrees given to now-controversial figures, namely
Bill Cosby, who was given an honorary doctorate in 2003.

From her home in Casale, Prato condemned Schmidheiny's degree in
an interview with the News, adding that the longer his degree
remains unrevoked, the more injurious the symbol is to victims and
survivors like her.

"It was an offense to us ? cruelly making fun of us. We think it's
absolutely absurd," Prato said, speaking through a translator. "We
are pleased ? [that] Yale will be discussing this."

Prato is not alone in her condemnation. In May 2015, 60 alumni
signed a petition demanding that the University revoke the degree.
Thirty-four mayors of affected Italian towns wrote to University
President Peter Salovey making the same request. Victims groups
have taken out at least three full-page ads in the News over the
past two years. Members of the Asbestos Victims' Families
Association (AFEVA) have lobbied the University through private
and open letters to revoke the degree.

Only the Yale Corporation has the power to revoke an honorary
degree. New Haven lawyer Christopher Meisenkothen, who represents
AFEVA, said none of the top Yale administrators notified of and
invited to the panel participated on Wednesday.

"Yale does not believe that the Italian legal proceedings provided
cause to reconsider the judgment made by the [honorary degree]
committee in 1996," University spokesman Tom Conroy told the News.
"The decision to award this degree was made by a committee that
considered Mr. Schmidheiny's full record as a philanthropist who
used his wealth to fund sustainable development ? a businessman
who inherited and dismantled a decades-old family asbestos
processing concern."

At Wednesday's panel, Italian translator Vicky Franzinetti said
there are two sides to any honorary degree: the institution that
grants it and the significance it has to other people.

Prato is part of AFEVA, a group founded by Casale residents and
factory workers, which has declared that there is no honor in
Schmidheiny's actions.

"People felt in Italy that a man like that should not be honored
for what he had done to the environment," professor of philosophy
and international affairs Thomas Pogge said at Wednesday's panel.
However, Pogge added that this case raises important questions
about how Yale bestows honorary degrees. "Should every honorary
degree be up for grabs?" he asked.

Meisenkothen noted that Schmidheiny's case comes at a time when
the issue of correcting historical wrongs is more prevalent than
ever on campus. Prominent figures like former vice president and
slavery advocate John C. Calhoun, class of 1804, are being
scrutinized and their honorific status at the University is being
questioned. Meisenkothen said Schmidheiny's degree is no
different.

"These issues are all related to some extent, and all speak to the
institution's willingness or resistance to change," he said.

Mail correspondence from the past several years between
Meisenkothen and University Secretary and Vice President for
Student Life Kimberly Goff-Crews presented at the panel reiterated
the same message: Yale will not revoke the honorary degree.

Meisenkothen said these letters were a "robo-response" and that he
is disappointed Yale will not reconsider the degree.
"They basically washed their hands of the situation," Meisenkothen
said.

IMPROVING IMAGE

When Yale presented the award to Schmidheiny in 1996, he had a
reputation as a forward-thinking businessman with an eye to
helping the environment. That same year, one of Schmidheiny's
companies made multiple donations to Yale, although Yale did not
disclose the size of these gifts.

In 1992, he made connections with environmental activists in
countries like Brazil, reinventing himself as an environmentally
conscious businessman, said Barry Castleman, an American asbestos
expert who spoke at the Law School discussion. Schmidheiny also
helped fund an environmental conference at Yale in 1995.

The Law School panel debated whether Schmidheiny's contributions
to various environmental protection groups outweigh the harm he
caused. Meisenkothen said that Schmidheiny tried to "green-wash
his image, and Yale unwittingly helped him do it."

Schmidheiny's company, Eternit Genova, built four factories in
Northern Italy during the 1970s and '80s. Estimates of the deaths
caused by the asbestos used in these factories number over 3,000,
and Prato said Casale alone has lost 2,200 people from asbestos-
related illnesses.

After being sentenced to 18 years in prison in February 2012,
Schmidheiny appealed the decision, and in November 2014, a higher
court overruled the sentence on the grounds that the statute of
limitations for the crime had expired. His lawyers argued that
Schmidheiny had no knowledge of the deaths and was not involved in
the factory operations that polluted the nearby towns.

"It's easy to say now that in the early 1970s we were aware of the
health risks; in fact we knew nothing," Schmidheiny wrote in 2014,
according to a slide shown at the panel by Martin Cherniack '70, a
professor of medicine at the University of Connecticut and an
asbestos researcher.

The court's ruling did not find Schmidheiny innocent, but only
dismissed the sentence, Castleman said. Castleman was also a
witness for the prosecution.

Castleman explained how Schmidheiny was involved in a complex
system of minimizing the apparent danger of asbestos, and knew as
early as 1976 of asbestos' health risks. Factory managers were
given instructions in how to reduce paranoia and worry in
communities affected by asbestos, he added.

Schmidheiny sank deeper into controversy last year when, after
Amazon released an e-book about the trial called "The Great
Trial," Schmidheiny's lawyers successfully blocked the book's
publication in Europe with a threatening letter to the publishers.
Schmidheiny's lawyers threatened to sue the small domestic
publishing company after they released an English translation of
the book online. The publisher said it was not prepared to take on
the lawsuit. Schmidheiny's lawyers objected to "The Great Trial,"
claiming in their letter to the publisher that the book presented
him as "a ruthless industrialist who values his own profit higher
than the security and life of his employees."

The e-book -- co-authored by an Italian university researcher and
one of the public prosecutors in the asbestos trial -- was taken
down only two months after it was published online. But on
Wednesday, the Asbestos Disease Awareness Organization released
the English version of "The Great Trial" online.

FORGIVE AND FORGET?

Despite Schmidheiny's connection to her husband's death, Prato
said she harbors no ill will against him.

"As far as Schmidheiny is concerned, I do not wish to feel hate or
revenge. Asbestos has taken my husband's life, and I didn't want
it to ruin my life with all these negative thoughts," she said.
"We don't seek revenge, we seek justice."

Castleman said he doubts Schmidheiny has genuinely had a change of
heart. His biography shows no "epiphany" or realization of the
tragedy he helped cause, he added, nor has Schmidheiny made any
kind of heartfelt apology to the people of Casale.

Prato said she hopes Schmidheiny, instead of pretending to be an
environmentalist, will be true to his word and work to eradicate
asbestos from Casale. Prato's husband, shortly before his death,
had worked to decontaminate the town and factory. The factory has
been turned into a "Victim's Park," yet many of the houses in the
town remain tainted, and complete decontamination will take a long
time, Franzinetti said.

Schmidheiny did not pay for the clean up of Casale, but instead
offered around $45,000 to each affected family on the condition
that they agree never to sue him. Around 100 families accepted
this offer.

"As [my husband] committed his time and his energy to the
decontamination, I felt it was my moral duty to continue with that
work," Prato said. These days, Prato dreams that Casale may one
day "the first asbestos-free city of the world."


ASBESTOS UPDATE: Plaintiffs in 4 Suits Set for Separate Trials
--------------------------------------------------------------
HarrisMartin Publishing reported that plaintiffs asserting claims
related to Kaylo door cores have reached a settlement agreement
with 3M Co., according to documents filed with the Wisconsin
federal court.

In a Feb. 11 order, the U.S. District Court for the Western
District of Wisconsin struck all pretrial deadlines and trial date
for all claims involving 3M only.

The plaintiffs asserting the claims alleged that they were exposed
to asbestos in Kaylo door cores. According to the court's online
docket, Weyerhaeuser Co., Metropolitan Life Insurance Co., and
Marshfield DoorSystems Inc. remain as defendants in the case.


ASBESTOS UPDATE: Sikorsky Exposure Suit Seeks Monitoring
--------------------------------------------------------
Alex Wood, writing for Journal Inquirer, reported that a lawsuit
led by a worker from Vernon over exposure to asbestos during a
2010 reconstruction project at Sikorsky Aircraft in Stratford has
been certified as a class action, meaning that it could win long-
term medical monitoring for some or all of the estimated 40
workers exposed.

Judge Grant Miller approved class-action status for the lawsuit in
a written decision issued in Hartford Superior Court.

South Windsor lawyer Keith Yagaloff filed the lawsuit on behalf of
Danny Dougan of Vernon, who worked on the Sikorsky project as an
employee of B-G Mechanical Contractors Inc., a heating and cooling
business based in Chicopee, Massachusetts. Three other B-G
employees are also plaintiffs, as is a Thomaston man who worked
for Tucker Mechanical Inc.

The defendants are Sikorsky, Carrier Corp., and URS Corp. AES, a
company that was involved in the reconstruction project.

The lawsuit alleges that the workers were exposed to asbestos
between March and July 2010 while working on conversion of a
boiler house dating from about 1930 to a "cogeneration" plant,
producing both electricity and heat for other industrial uses.

Sikorsky knew before construction began that there were materials
containing asbestos in the boiler house, including insulation on
pipes and pipe fittings, the lawsuit alleges.

All five named plaintiffs were involved in removing pipes and
fittings in the boiler house, the lawsuit says.

The B-G plaintiffs and other workers asked whether asbestos was
present and "were informed that testing had been done, that
asbestos was not present on the pipes and pipe fittings, and that
it was safe for them to do the work to which they had been
assigned," the lawsuit alleges.

After workers continued to raise questions about asbestos, testing
for the material and an inspection were done in early July 2010,
according to the lawsuit.

"Visible asbestos and overloaded air samples" were found as a
result of improper disturbance of insulation containing asbestos
on pipes and pipe fittings, the lawsuit alleges.

"Despite these results, the project was not shut down until
approximately two weeks later," the suit continues, saying workers
continued to be exposed during that time.

After that, it says, the asbestos was "properly removed by a
licensed contractor" while Sikorsky employees, who were continuing
to operate the boilers during the reconstruction project, stayed
at their jobs, using respirators to protect them.

Sikorsky and Carrier employees may not be able to participate in
the class action based on workers compensation law, which makes it
easy for workers to collect from their own employers for
occupational injuries but limits the compensation. The judge ruled
that the Sikorsky and Carrier employees will have to litigate
those issues individually.

Miller also said each affected worker will have to litigate
individually on the nature and extent of the medical monitoring
needed, including the extent to which that need stems from the
asbestos exposure during the Sikorsky project.

Respiratory diseases caused by asbestos, including cancer, can
take decades to develop. Yagaloff says that's why the focus of the
suit is on medical monitoring.

One of the experts expected to testify for the plaintiffs if the
case goes to trial is Dr. M. Saud Anwar, a Vernon-based specialist
in respiratory diseases who is also a member of South Windsor's
Town Council.

Anwar has treated Dougan since September 2010, when Dougan arrived
at his office complaining of shortness of breath, wheezing, and
coughing after his three-month exposure to asbestos.

Anwar is also expected to testify "that screening and early
detection can be life-saving and/or improve the quality of life in
those individuals who develop asbestos-related diseases,"
according to court papers.

But Dr. Barry William Levine of Massachusetts General Hospital is
expected to testify for Sikorsky and Carrier that Dougan doesn't
currently suffer from any asbestos-related problem.

"Mr. Dougan does suffer from severe emphysema attributable to his
long history of smoking cigarettes, and, as a result, Mr. Dougan
requires regular medical surveillance," according to a summary of
Levine's expected testimony.

Levine says most people who are exposed to asbestos "never develop
any asbestos-related condition." Even where medical monitoring can
detect "asbestosis or mesothelioma, there are no medically
effective cures available for those conditions," he is expected to
testify.

And, when weighed against the risks of radiation exposure from X-
rays or CT scans, "regular medical monitoring based solely on
asbestos exposure is often unnecessary and inappropriate," Levine
maintains.


ASBESTOS UPDATE: Pa. Jury Awards $1MM in Millwright Death
---------------------------------------------------------
A Philadelphia federal court jury has awarded $1.085 million in
damages to the estate and widow of a millwright from Zelienople,
Pennsylvania, who died of mesothelioma after working with asbestos
products as part of his job.

Valent V. Rabovsky died less than three years after being
diagnosed with mesothelioma, a deadly cancer caused by exposure to
asbestos. Jurors in the U.S. District Court for the Eastern
District of Pennsylvania returned their verdict Feb. 9 following
an eight-day trial and four hours of deliberations. The jury found
that Crane Co. (NYSE: CR) of Stamford, Connecticut, was 30 percent
liable for Mr. Rabovsky's death.

Crane manufactured industrial valves with asbestos-containing
gaskets and packing, which Mr. Rabovsky handled regularly while
working as a millwright from 1951 to 1986 at various sites in
Pennsylvania. He was diagnosed with mesothelioma in September 2009
and died in June 2012 at the age of 88. Jurors assessed 70 percent
liability for his asbestos exposure against seven other companies
that were no longer named as defendants in the lawsuit. A hearing
on the eventual final judgment is scheduled for April.

"Val's life focused around spending time with his family and
singing in his church choir," says Charles E. Soechting Jr., an
attorney at Dallas-based Simon Greenstone Panatier Bartlett P.C.
who tried the case along with attorney Sam Iola. "In fact, that's
how he learned he was sick because his lungs wouldn't let him sing
anymore. The jury heard all of the evidence and determined Val did
nothing wrong and that his disease was caused solely by the
negligence of Crane Co. and other companies."

David B. Halpern of Philadelphia's Brookman Rosenberg Brown &
Sandler served as co-counsel.

Ann Rabovsky, Mr. Rabovsky's widow, also will seek punitive
damages in a separate phase of the lawsuit, Mr. Soechting says.
The case is Dobrick v. Air & Liquid Systems Corp., et al., No.
2:10-cv-03202-ER. Lynn Dobrick is Mr. Rabovsky's daughter and the
executor of his estate.

Simon Greenstone Panatier Bartlett is a nationally recognized
trial law firm with a reputation for creative and aggressive
representation of clients in a wide variety of catastrophic
personal injury matters nationwide. For more information, visit
http://sgpblaw.com.

For more information, contact Amy Hunt at 800-559-4534 or
amy@androvett.com.


ASBESTOS UPDATE: North Dakota High Court Rejects "Take-Home" Suit
-----------------------------------------------------------------
Graham C. Zorn, Esq. -- gzorn@bdlaw.com -- and Daniel M. Krainin,
Esq. -- dkrainin@bdlaw.com -- at Beveridge & Diamond PC, in an
article for The National Law Review, wrote that in a case of first
impression that may clarify the duty of care in secondary exposure
claims in North Dakota, the state's highest court rejected claims
based on childhood exposure to asbestos brought home on an
insulation worker's clothing.  See Palmer v. 999 Quebec, Inc.,
2016 ND 17 (N.D. Jan. 14, 2016).

Plaintiff was the surviving spouse of Gary Palmer, who alleged his
mesothelioma was caused by childhood exposure to dust that his
father inadvertently brought home from his job installing asbestos
insulation in the 1960s.  Defendant, the former employer of
Palmer's father, argued it owed Palmer no duty of care because
there was no special relationship between Defendant and Palmer,
nor was Palmer's injury foreseeable.

The North Dakota Supreme Court agreed with Defendant.  It noted
that negligence cases in the state historically "have focused on
both foreseeability of the injury and the relationship of the
parties in deciding whether a duty exists," with more recent case
law focusing on the relationship.  Id. at   15?16.  Here, the
Court found Palmer had not shown either that Defendant knew of the
hazards of secondary asbestos exposure at the time of the exposure
or that he had a special relationship with Defendant.  Therefore,
the Court held, Palmer's claims fell short regardless of whether
the Court focused on foreseeability, relationship of the parties,
or a combination of both.


ASBESTOS UPDATE: Exposed Orlando Firefighters Not Warned
--------------------------------------------------------
Beth Swantek, writing for Asbestos.com, reported that more than a
dozen Orlando firefighters were exposed to asbestos earlier this
month because their supervisors failed to warn them of the known
dangers.

The families of many of those firefighters worry secondhand
exposure to the deadly mineral could place them at risk of
developing mesothelioma or other asbestos-related diseases.

"It's everywhere, you know?" said Andrea Donohoe, wife of one of
the Orlando Fire Department firefighters exposed to asbestos. "Our
baby is riding in his car. I was riding in his car. We're all now
exposed to asbestos."

Her husband, Anthony Donohoe, and more than a dozen other
firefighters were exposed to the carcinogen while removing
flooring from an abandoned apartment building the fire department
had planned to use for training.

"We were scraping on our hands and knees," Donohoe told WFTV-
Channel 9. "I know you're supposed to wear suits and respirators,
and we didn't have any of that. We were out there in plain
clothes."

Federal law states that only trained and licensed professionals
can remove asbestos in a building and dispose of it properly.
Firefighters are generally not licensed to remove asbestos.

Floor tiles and other asbestos-containing building materials pose
no harm if left alone. But if these items are disturbed, they
release microscopic asbestos fibers into the air. When inhaled,
the needle-like fibers become lodged in the tissue surrounding the
lungs, leading to the development of tumors decades later.

Fire Department Knew of Asbestos Danger

WFTV had obtained documents showing a pre-demolition survey from a
Tampa company had confirmed the building contained asbestos, but
fire department officials never warned firefighters, the news
station reported.

One of the firefighters who removed the asbestos-containing floor
tiles tipped off the local news station.

After news of the asbestos exposure broke, fire department
officials ordered the firefighters off the site.

"We had a potential problem, and what we are doing is mitigating
the problem," Orlando Fire Department Chief Roderick Williams told
WFTV. "We stopped training at the site, and we'll launch an
investigation internally within the city to look at best
practices."

The Orange County Environmental Protection also launched an
investigation into the incident.

Williams said more than 400 firefighters had been in that building
in the last two months, but about a dozen worked directly with the
asbestos tiles.

Wayne Bernoska Jr., vice president of the Orlando Professional
Firefighters union said he met with fire department officials to
discuss the asbestos exposure.

"We are looking into finding out if anybody was exposed to harmful
things out there, and right now, we are trying to get out in front
of it," Bernoska said.

Safety Procedures Will Change

Orlando city officials said they plan to change procedures for
dealing with abandoned buildings that may contain hazardous
materials.

"I think what we're probably going to do is say, look, if a
building is built before 1980, we'll just assume that it has
asbestos until somebody tells you that it doesn't," Orlando Mayor
Buddy Dyer said.

Meeting Between City Officials and Union Yields Action

Orlando Professional Firefighters union President Ron Glass met
with Dyer, Williams and other city officials to negotiate a plan
moving forward.

"It dealt with doing annual physicals, doing air quality samples
of the training site, in addition testing all the bunker gear that
was used out there to see if there is any exposure on the gear
itself," Glass said.

Firefighters Are at a Higher Risk for Mesothelioma

Because of the nature of a firefighter's job dealing with
hazardous materials and chemicals in burning building,
firefighters are at a higher risk of developing several cancers
and other dangerous conditions.

A 2013 National Institute for Occupational Safety and Health study
involving 30,000 firefighters from Chicago, Philadelphia, and San
Francisco found the rate of mesothelioma among those firefighters
was twice that of the general U.S. population.

"Firefighters can be exposed to contaminants from fires that are
known or suspected to cause cancer," the study showed. "These
contaminants include combustion by-products, such as benzene and
formaldehyde, and materials in debris such as asbestos from older
structures."

For Andrea Donohoe, this hazard seemed unnecessary for her husband
who wasn't fighting a fire, but instead preparing a building for a
training exercise.

According to the union, an occupational health doctor will meet
with the affected firefighters to help them understand their risks
and answer their questions.


ASBESTOS UPDATE: Widow Alleges Exposure Caused Husband's Death
--------------------------------------------------------------
Molly English-Bowers, writing for Madison Record, reported that a
widow is suing dozens of companies, alleging her husband died
after continual exposure to asbestos-containing products.

Jeannie Langley, individually and as special administrator of the
estate of Allen Langley, filed the lawsuit Jan. 21 in St. Clair
County Circuit Court against Armstrong Pumps Inc., Dow Chemical
Company, 3M Company and Union Carbide Corporation, among many
other listed defendants, alleging negligence, willful and wanton
conduct, fraudulent misrepresentation, battery and intentional
infliction of emotional distress.  In addition, Metropolitan Life
Insurance Company and Pneumo Abex Corporation received their own
count, alleging both knew of the dangers of asbestos exposure yet
conspired to remove mention of said dangers from printed materials
over which they had control.

The suit says for 28 years Allen Langley worked as a laborer and
assembler, and was secondarily exposed to asbestos-containing
products through his father whose worked exposed him as well. At
various times during the course of Langley's work, the suit
states, he was exposed to and inhaled, ingested or absorbed large
amounts of asbestos fibers contained in products he worked with,
and which were manufactured, sold, distributed or installed by the
defendants.

However, the lawsuit notes, his exposure occurred at different
times and not necessarily throughout his entire career with any
one defendant.  On April 1, 2014, Langley became aware he had
developed lung cancer, a disease induced by asbestos exposure, the
complaint says, and he died March 21, 2015.

Before he died, the suit says, Langley spent large sums of money
on medical care, experienced physical pain and mental anguish, was
unable to pursue his normal course of work--thereby losing money
that otherwise would have accrued to him and his estate. The
complaint says his family has been deprived of his means of
support, and monies from his estate were used to pay for his
funeral and burial.

Jeannie Langley seeks judgment of at least $50,000 from each
defendant and for each of the six counts against them for economic
damages. She is represented by attorneys Randy L. Gori and Barry
Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 16-L-38


ASBESTOS UPDATE: Widow Demands Answers After Husband's Death
------------------------------------------------------------
Max Margan, writing for Liverpool Echo, reported that a Widnes
woman is searching for answers after her husband died from an
asbestos-related cancer.

Frank Holland, 72, was working as a HGV driver when he fell ill
and was diagnosed with mesothelioma, an incurable cancer caused by
exposure to asbestos.

He died two months later with his wife, Jen, by his side.

Now Jen, 69, is appealing for help to find out where Frank came
into contact with the deadly dust.

She said: "He was in the Merchant Navy for eight years, and he
worked a lot in the engine and boiler rooms. In those days the
pipes on ships where always lagged with asbestos, but no one
thought anything of it then."

Jen has launched legal action in a bid to find out where he
inhaled the asbestos dust which led to his death.

Stacey White, an industrial disease specialist at law firm Slater
and Gordon, said: "Sadly, Frank had very little time to come to
terms with his condition before his death or work out where he
came into contact with asbestos.

"Although he was not aware of the dangers, unfortunately many
employers at that time were and what we are keen to establish now
is if more could have been done to protect him.

"It was a long time ago, but we'd like to hear from anyone who
remembers working with Frank and may have vital information to
help Jen get justice for her husband."

Jen said: "I thought we'd have years more together and it was such
a shock. I'd never heard the word mesothelioma before.

"I know it's not going to bring him back, but I'd just like to
know where it happened for my own peace of mind."

Frank Holland (left) pictured with his Merchant Navy pals
Jen is appealing to Frank's former colleagues for information on
where he could have come into contact with asbestos.

Frank, who was also known as 'Dutch' or 'H' by his Navy pals,
worked on various ships including The Sylvanian, MV Herdsman,
Roscoe, Araby, MV Nova Scotia, Harrison Line and Esso Tankers.

After leaving the Merchant Navy, he worked as a HGV driver in and
around his home in Widnes, apart from a three-year stint in the
1970s at ICI's Weston Point Salt Works in Runcorn.


ASBESTOS UPDATE: Anderson County Mortality Rates High
-----------------------------------------------------
WVLT reported that a report from the Environmental Working Group
Action Fund reveals shocking statistics about mortality rates as a
result of asbestos.

The national mortality rate for asbestos is around 4.9 deaths per
100,000 people.

Anderson County's rate more than doubles the national rate at 11.1
deaths per 100,000 people.

Roane County also has a high rate at 10.6 deaths per 100,000
people.

The mortality rate for the entire state of Tennessee for asbestos
related disease is 4.2 deaths per 100,000 people.

Researchers estimate 840 residents from around the Knoxville area
have died from asbestos.


ASBESTOS UPDATE: Senate Committee Ponders Trust Transparency
------------------------------------------------------------
Steven M. Sellers, writing for Bloomberg News, reported that
sharply differing views on the need for asbestos bankruptcy trust
reforms dominated a Senate Judiciary Committee hearing Feb. 3, as
proponents of an overhaul bill complained of abusive litigation
tactics, while opponents said the bill protects asbestos companies
at the expense of mesothelioma victims.

The Furthering Asbestos Claims Transparency Act would amend
Section 524(g) of the Bankruptcy Code to require each asbestos
bankruptcy trust to file a report with the bankruptcy court every
quarter that "describes each demand the trust received from,
including the name and exposure history of, a claimant and the
basis for any payment from the trust made to such claimant."

Some witnesses said the FACT Act would bring needed transparency
in asbestos litigation trusts?and deter "rampant" abuse by
plaintiff lawyers?but others said it would assist asbestos
companies in maintaining secrecy about their products as they
insist on transparency by plaintiffs.

Mark Behrens, of Shook, Hardy & Bacon in Washington, D.C.,
testified that some mesothelioma plaintiffs have disavowed
exposure to specific asbestos products in litigation and then
claimed such exposure in trust claims.

Those circumstances, bill proponents say, reflect a strategy in
which plaintiffs' lawyers delay filing asbestos trust claims
involving bankrupt companies so that it will appear, in their tort
suits, that only solvent companies are responsible for asbestos-
related injuries .

"There is a mountain of evidence this is a pervasive practice,"
said Behrens, who focuses on product liability defense and
litigation reform issues. "Trust claim abuse isn't victimless, it
affects companies and future victims."

'A Solution Without a Problem.'

But Elihu Inselbuch, of New York City's Caplin & Drysdale, who
focuses on asbestos creditors' rights litigation, disputed the
pervasiveness of the problem portrayed by Behrens and other
witnesses.

"This bill is a solution without a problem, other than the ones it
creates," Inselbuch said.

"These defendants?which are the only beneficiaries of this bill?
are the same asbestos companies who for decades have been
determined to be liable for recklessly and willfully exposing
unknowing workers and their families to the companies' deadly
products," Inselbuch said.

"I defy anybody to show one fraudulent filing," Inselbuch said,
noting that mesothelioma victims often struggle to remember
details about exposures that occurred 30 years ago.

"The plaintiff?the worker?simply didn't know the asbestos he was
exposed to," Inselbuch said. "The irony is that the asbestos
defendant does know."

Peggy Ableman, a former Delaware state court judge now with
McCarter & English in Wilmington, Del., told the committee the
FACT Act was necessary to curb abusive practices like those in a
case she encountered as a judge.

In that case, plaintiff lawyers didn't disclose 20 trusts to whom
claims had been submitted despite a standing disclosure order for
bankruptcy trust claims, Ableman said. "At least with regard to
asbestos litigation, it's not a fair system."

Robert McKenna, a former Washington state attorney general now
with Seattle's Orrick, Herrington & Sutcliffe, said he supported
the bill because the "public has a right to know" about litigation
trust claims.

McKenna also said identity theft fears raised by the bill's
opponents are muted by privacy protections in the bill, as well as
protective orders issued by courts. He added that asbestos tort
litigation already supplies more information than the bill would
require.

More Oversight Needed?

Advocates of the FACT Act have conceded it is unlikely to become
law, but say hearings are an opportunity to publicize what they
say is suppression of evidence by the plaintiffs' bar.

Senate Judiciary Committee Chairman Charles Grassley (R-Iowa)
asked whether there is a need for oversight of asbestos bankruptcy
trusts by the Department of Justice or an Inspector General.

"With this amount of money, you'd think there would be oversight,
but there isn't," Grassley said.

Grassley also queried Behrens about whether attorneys' fees should
be limited for asbestos trust claims.

Behrens replied that trust claim forms are relatively simple. "You
don't even need a lawyer to fill these out?paralegals could do
it," Behrens said.

Another Approach?

Sen. Dick Durbin (D-Ill.), the top Democrat on the committee, said
the bill unfairly focuses on mesothelioma victims?30 percent of
whom are veterans?rather companies who continued to use asbestos
despite long-term knowledge of its dangers.

"Trusts are being depleted because there are so many people who
are sick and dying," Durbin said, noting the continued existence
of asbestos in workplaces and schools.

Both Durbin and Sen. Richard Blumenthal (D-Conn.) said legislative
efforts are better devoted to passage of the Reducing Exposure to
Asbestos Database Act of 2015.

That bill would require the creation of a public database of
asbestos-containing products, their origin and where they are
"reported to be present."


ASBESTOS UPDATE: SNP Demand Fair Deal for all Forces Victims
------------------------------------------------------------
Stewart Paterson, writing for Evening Times, reported that forces
veterans already diagnosed with an asbestos related illness get a
raw deal in compensation packages, the SNP have said.

Navy personnel are worst affected than other military personnel in
developing the disease which leaves people with a short time to
live, often as little as one year.

Kirsten Oswald, SNP MP for East Renfrewshire has written to the
Prime Minister calling for an equal deal for all forces veterans
with the condition.

The UK Government agreed last year to include veterans in
compensation but only those diagnosed after December 16 last year
qualify regardless of when they were exposed to asbestos.

It means many who were diagnosed before the cut-off date miss out,
despite being exposed to the danger at the same time.

Ms Oswald, the SNP Armed Forces and Veterans spokeswoman, welcomed
the compensation scheme but said it must be fair to all forces
veterans.

In the letter she states: "We request that all qualifying veterans
be treated equally, regardless of the date of their diagnosis with
mesothelioma, as is morally required under the Armed Forces
Covenant.

"We also request that the acquisition of equal treatment for both
veterans and their widows/families, be pursued by ministers with
all due haste, because people are dying."

Ms Oswald said she and the veterans and their families want
fairness.

She said: "Today's letter today is the next step to ensure that
those who are due compensation should not have to wait any longer,
and is a request that all qualifying veterans be treated equally,
regardless of the date of their diagnosis with mesothelioma.

"Currently the UK Government will pay anyone diagnosed after April
fairly, but anyone already diagnosed doesn't get this new fair
level of compensation backdated and that is what needs to be
addressed."

Those who qualify can either have a traditional War Pension or
GBP140,000 in a lump sum.

The Royal British Legion is also calling for the rules, which will
come into force in April, to include those already diagnosed.

A statement from the organisations said: "Obviously the Legion
welcomes the Government's announcement, but we are disappointed
that the change will only benefit those veterans who apply for
compensation after 16 December 2015 and not those veterans already
diagnosed with the disease.

"The Legion has informed officials of our disappointment and has
suggested that those veterans living with Mesothelioma today
should be included in the changes."


ASBESTOS UPDATE: Bayer, Georgia Pacific Try to Duck RI Suit
-----------------------------------------------------------
Jimmy Hoover, writing for Law360, reported that Bayer, Georgia
Pacific and ten other companies urged a Rhode Island federal court
to excuse them from a laborer's lawsuit claiming the companies
were responsible for exposing him to asbestos, saying the laborer
could not connect their products to his injuries.

The companies -- which also include a Pennsylvania boiler maker, a
North Carolina pump manufacturer and an Oklahoma caulking company
-- each argued to the court in separate summary judgment motions
that a lengthy discovery phase in Edward Newcomb and his wife's
suit showed that the companies were not responsible for the
worker's alleged asbestos exposure.

Bayer Cropscience Inc., formerly known as Amchem Products Inc.,
said it was "undisputed" that, during a deposition in the case,
Newcomb, who has since died, failed to produce evidence to support
his asbestos claims against the company.

"Because plaintiffs have failed to identify an asbestos-containing
product attributable to Amchem, they cannot produce any admissible
evidence that Amchem was in any way responsible for Mr. Newcomb's
alleged injuries," it said.

Beyond failing to prove that Georgia Pacific Corp. caused his
asbestos injuries, Newcomb has not even connected the
manufacturer, seller or product with his injuries, Georgia Pacific
wrote. In so failing, Newcomb has not raised a genuine issue of
material fact that would stave off summary judgment, the company
wrote.

"If the plaintiff does not produce specific evidence establishing
that plaintiff worked with or around a specific defendant's
products, then the plaintiff has failed to create a genuine issue
of material fact and the court should grant summary judgment," the
company said.

Other defendants that filed summary judgment motions include
Morton International LLC, Aurora Pump Company, Columbia Boiler
Co., Union Carbide Corp. and others.

The Newcombs' July 22, 2014, complaint alleged that companies such
as GE, Bayer Cropscience, CBS Corp. and Sears Roebuck & Co. had
conspiratorially and individually caused him harm by hiding the
damaging effects of asbestos, leading him to be repeatedly exposed
from the years 1968 to 1983 at various work sites including paper
mills, hospitals and universities.

GE removed the case from Rhode Island Superior Court to the
state's U.S. district court in November 2014. Newcomb died a year
later on July 22, 2015, according to court records.

Counsel for the plaintiffs could not immediately be reached for
comment. Counsel for various defendants declined to comment
Friday.

Edward and Geraldine Newcomb are represented by Robert J.
McConnell and Vincent L. Greene of Motley Rice LLC and Joseph J
Cirilano of Goldberg Persky & White PC.

Bayer Cropscience and Union Carbide Corp. are represented by
Monica R. Nelson of Lewis Brisbois Bisgaard & Smith LLP .
Columbia Boiler Co., Aurora Pump Co., Norton Co., Red Devil Inc.
and Morton International LLC are represented by Craig R. Waksler
of Eckert Seamans Cherin and Mellott LLC.

Packings & Insulation Co., and PIC Contractors Inc. are
represented by William C. Cornish of Morrison Mahoney LLP.

Georgia Pacific and Carver Pump Co. is represented by Brian D.
Gross of Manion Gaynor & Manning LLP.

The case is Newcomb et al. v. Advanced Auto Parts et al., case
number 1:14-cv-00509, in the U.S. District Court for the District
of Rhode Island.


ASBESTOS UPDATE: Feds Not Ready to Release Asbestos Data
--------------------------------------------------------
Mark Newman, writing for Ottumwa Courier, reported that the feds
are indeed looking into an incident that occurred at City Hall.

According to the city, the damage happened when an employee
accidentally made contact with a pipe while working in the
basement. While the city did not say when the incident occurred,
the statement said work was halted and independent testing was
brought in to assess the situation on Jan. 22.

The city issued a press release more than a week later.

Lab results did show asbestos in the insulation, but "no
detectable airborne asbestos fibers" were found.

The city may still face a fine. The Occupational Safety and Health
Administration said a full report on the findings may take some
time.

"We were notified of the situation, and an inspection was
initiated," Jens Nissen, administrator of OSHA in Iowa, told the
Courier on Friday.

As for what his inspector says happened in that basement, details
will have to wait.

"When it's an open file, we can't really give more comment,"
Nissen said.

Toward the end of the investigation, they'll be able to issue a
list of citations -- if there are any, which is not a certainty.

Rules for releasing citations or specifics, the administrator
said, are "explicitly spelled out in the code."

Though the OSHA chief said there was no schedule for when a
decision would be made by the agency, federal law says citations
must be issued within six months.

Asbestos is a mineral once used for its resistance to heat. But
its fibers are dangerous if inhaled. Asbestos is known to
contribute to cancer and other diseases.


ASBESTOS UPDATE: Bldg Sites Contaminated by Chinese Asbestos
------------------------------------------------------------
Angelique Donnellan, writing for ABC News, reported that more than
50 building sites across Australia are suspected of illegal
asbestos contamination from China, in a problem described as the
"tip of the iceberg".

Asbestos Safety and Eradication Agency CEO Peter Tighe said he was
aware of 64 sites where asbestos-tainted concrete fibre sheeting
has been used in construction.

State workplace safety authorities are monitoring 17 sites in New
South Wales, 13 in Queensland, 11 in South Australia and eight in
Victoria.

"It's an emerging problem and it seems to be growing
exponentially, as more and more products are brought into
Australia, because of the wind-down of manufacturing in this
country," he said.

"What we've really got now is really an indication which could be
the tip of the iceberg."

Importing asbestos into Australia has been banned for more than a
decade.

But the deadly substance is slipping into the country illegally
from places like China, in products often certified as "asbestos
free".

The popular building product, concrete fibre sheeting, is one area
of concern.

Recent tests confirmed the materials contained white asbestos.

Mr Tighe is worried about workers being unwittingly exposed to the
new wave of asbestos.

"Our young tradespeople haven't been trained to deal with these
products. They think they're asbestos free," he said.

"It's really a risk to these individuals, to their clients and to
members of the public who might be in the vicinity when there's
cutting, drilling or manipulation of asbestos cement products."

Simon Pisoni from the Communications, Electrical and Plumbing
Union is angry asbestos imports remain a problem more than a
decade after the ban.

"We've seen the devastation that it's caused to people working on
this type of material, and so for it to be imported and get that
same exposure again is unforgivable," he said.

Workplace safety authority Safework SA said it was working with
RJE on a plan to remove the asbestos in South Australia, but the
product poses no health risk in the meantime.

RJE has previously said it believed the risk to workers who
installed the sheeting in the Adelaide substations was
"negligible".

It said it was assured the product was "asbestos free" when it was
purchased from China.

Independent Senator Nick Xenophon is calling for more scrutiny of
overseas building products and greater penalties.

"This needs a comprehensive approach [which] needs to include
Customs doing their job, not just having random searches," he
said.

Media player: "Space" to play, "M" to mute, "left" and "right" to
seek.

Building products are not the only imports tainted with asbestos -
children's crayons and car parts have also come under Australian
Border Force (ABF) scrutiny.

The ABF said all cargo identified as "high risk" is physically
examined, and the agency currently has a watch-list of more than
40 products, importers and manufacturers.

An ABF spokesman said the issue was discussed during a trip to
China last year:

   "The Commissioner met with a number of senior Chinese customs
officials and discussed a number of border control and trade
issues of mutual interest and concern.

   "The ABF continues to engage with relevant Chinese agencies to
enhance cooperation on border issues of shared concern, including
the importation of asbestos."

But the agency would not confirm which companies were currently
under investigation for illegal asbestos importation in building
products.

Unions have said the problem could worsen as a result of the
China-Australia Free Trade Agreement (ChAFTA), a prospect that
also concerns asbestosis victim Terry Miller.

If it contains that then I think that company and all its
subsidiaries should be banned from sending anything into
Australia.

Mr Miller worked at a James Hardie plant in Adelaide for 21 years,
and is now president of the Asbestos Victims Association SA.

He is worried about a new wave of asbestos, and a new generation
of victims, warning Australia could end up as a "waste dump".

"Customs just don't have the resources, don't have the manpower to
inspect everything that's coming in," he said.

"What I would like to see is any company that's caught sending
stuff here, or people who are getting it on the cheap because they
can, if it's found to contain asbestos ... it should be sent back.

"There should be a significant fine and the company that produced
it and branded it, as many of them do, "asbestos free" - if it
contains that then I think that company and all its subsidiaries
should be banned from sending anything into Australia."

Fines of up to $170,000 can be applied for illegal imports.

A Senate inquiry into non-conforming building products resumes
tomorrow.


ASBESTOS UPDATE: Ex-Shipyard Worker Diagnosed with Cancer
---------------------------------------------------------
Naomi Corrigan, writing for Gazette Live, reported that a former
shipyard worker who has been diagnosed with terminal cancer has
issued an appeal to his former colleagues. Billingham man Kevin
Hind is suffering from mesothelioma - an incurable form of cancer
caused by exposure to asbestos.

He has instructed a legal firm to investigate how and where he was
exposed to the harmful substance and is appealing to fellow
workers for help.

The 68-year-old was diagnosed with the disease in July 2015 after
struggling to breathe when walking.

"Although I could tell my health was getting worse I just put this
down to getting older, so when I was diagnosed with mesothelioma
it was a complete shock," he said.

"I'm still struggling to come to terms with it and I have started
chemotherapy to try and control the disease. Sadly, the disease
had already started to impact me and I can no longer do some of
the things I used to, such as keeping the garden tidy and
decorating our home."

Mr Hind, who has been married to his wife Kathleen for 49 years,
is a dad of two and grandfather of four.

"I'm worried what the future holds for Kath and myself as my
symptoms get worse," he said.

Mr Hind believes he may have come into contact with asbestos dust,
which is the only known cause of mesothelioma, during his working
life as a messenger boy, a labourer and then later as a sheet
metal worker.

Mr Hind began his working life as a messenger boy and can lad at
Furness Shipbuilding Company Limited in Billingham in 1962. Kevin
then moved on to work for Nelson Thom Insulation Company Limited
as a labourer and spent time working at the ICI Wilton Chemical
Plant in Billingham in 1963.

Kevin was also employed by South Bank Insulation Company Limited
in 1970 or 1971 as a sheet metal worker and spent time working at
the Smith's Dock Shipyard in Middlesbrough.

With the backing of his legal team at Irwin Mitchell, he is now
appealing to anyone who worked alongside to come forward with any
information they have on the presence of asbestos and safety
measures in place.

"Hopefully, some of the people I used to work with will now come
forward and help provide any information they can so I can get
answers and ensure those responsible are held to account," he
said.


ASBESTOS UPDATE: EPA Has Final Cleanup Plan for Libby
-----------------------------------------------------
The Daily Inter Lake reported that it's a foregone conclusion that
Libby will be dealing with the aftermath of asbestos poisoning
from the W.R. Grace vermiculite mine for years to come, but the
long-awaited final cleanup plan at least puts a time frame on the
remaining work to be done. That plan is an important benchmark in
a saga that already has dragged on for more than 15 years.

The U.S. Environmental Protection Agency's record of decision
revealed what most people more or less expected, that the cleanup
of about 300 remaining properties will continue for another two to
three years. After that, the federal agency will pull up stakes
and oversight of Libby and Troy will be put on a kind of autopilot
called "institutional controls."

Exactly what those controls will be is still a little fuzzy, but
the EPA has advised the public there will be a "robust plan... to
make sure the remedy remains protective." There is an $11 million
fund from a 2008 settlement with Grace that is earmarked for
ongoing maintenance starting in 2017. That money will pay for
unforeseen situations in which excavation or extreme building
alterations expose more asbestos.

Some Libby folks are leery -- perhaps rightfully so -- whether
that $11 million pot of money will be enough, and wonder how long
it will last. Residents of the greater Libby area will be dealing
with health issues linked to asbestos for many years to come. They
should be able to live without fear of further environmental
contamination from asbestos.

A final remedial plan for the vermiculite mine site is still
forthcoming, but there is good reason to believe that the worst is
behind Libby and Troy. A toxicity report released just over a year
ago revealed asbestos air concentrations in Libby now are about
100,000 times lower than when the mine and processing facilities
were in operation. And a subsequent health risk assessment
essentially determined it is possible to live and work in the
Libby area without excessive exposure to asbestos.

Those reports, plus the final remediation plan for the Libby and
Troy communities, are at long last a breath of fresh air.


ASBESTOS UPDATE: Asbestos-Laced Imports Put Tradies at Risk
-----------------------------------------------------------
Katherine Towers, writing for The Australian, reported that
tradies and builders could be the face of a deadly new wave of
mesothelioma cases to hit Australia, as the head of the nation's
asbestos eradication agency warns the country is set to be swamped
with Asian building products laced with the killer materia?l.

The chief executive of the Asbest?os Safety and Eradication
Agency, Peter Tighe, will tell the Senate committee into
nonconforming building products today that thousands of
prefabricated building products containing asbestos had already
poured into the Australian construction industry.

Speaking to The Australian yesterday, Mr Tighe said it was now
impossible to guarantee the safety of tradies, builders and home
renovators using any prefabricated building material importe?d
directly from China.

"People all across the country assume it's safe then penetrate it,
drill it and cut it, releasing asbestos fibres," he warned.

Of particular concern were Chinese-made high??-density cement
boards, flooring and sandwich panelling, all used extensively in
sheds, temporary accommodation such as that used for miners,
kitchen and bathroom renovations and in new housing estates.

"The material is significantly cheaper than what you get in
Australia so you've got massive commercial construction
enterprises down to home renovators all importin?g this stuff
directly from China," he said.

The importation of asbestos-laden building material from Asia was
growing at such a rapid rate that it had increased from just a
drip over the past few years to the detection in December of an
entire Chinese cargo of killer EPS sandwich boards.

Mr Tighe also said that in November a South Australian builder was
found to have inadvertently installed high-?density prefabricated
cement flooring riddled with asbestos? in 64 construction sites
across the country. The builder is now under investigation by
WorkCover SA.

"Twelve months ago we saw a smattering of material containing
asbestos from Asia coming into Australia," he said. "Now, we've
got whole container loads."

Mr Tighe also warned that Chinese manufacturer's guarantees
clearing the material of containing asbestos were worthless.

"It's no longer good enough to say you've got a piece of paper
from a Chinese manufacturer guaranteeing that there is no
asbesto?s in the product," he said. "It's not worth the paper it's
written on."

There were also concerns that local Chinese agents who sourced the
material for Australian orders had questionable links with
manu?facturers, local product ?testers and those who provided
?asbestos-free guarantees.

Chinese officials have sought to clamp down on asbestos in recent
years but China remains the world's second-biggest producer,
behind Russia, and the problem stems in many cases from provincial
factories ignor?ing local regulations.

"It has got to the stage where the only way for importers to now
be sure that their product is free of asbestos is to import a
sample and have that tested by Australia's independent testers,"
Mr Tighe said.

Border-control authorities have prosecuted two cases of asbest?os-
laced materials being imported into Australia since 2008: a mining
company that impor?ted asbestos in gaskets for industrial
equipment from Vietnam and a West Australian company fined for
importing chrysotile asbestos in machinery from China.


ASBESTOS UPDATE: Weather Blamed for Asbestos Problem in Hospital
----------------------------------------------------------------
Pauline Liu, writing for Times Herald-Record, reported that the
arctic blast is being blamed for an asbestos contamination problem
that forced Grover M. Hermann Hospital in Callicoon to close its
doors as of 7 p.m. on Sunday.

A Mobile Medic Ambulance will be stationed outside the hospital to
provide 24-hour service and referrals until the hospital reopens,
said Sullivan County Public Safety Commissioner Dick Martinkovic.

A security officer will also be posted outside the facility to
make sure hospital personnel do not enter the building until the
potentially cancer-causing asbestos has been removed, Martinkovic
said.

The problems began when cold weather caused a boiler in the
basement to malfunction.

According to Martinkovic, pipes in the boiler ruptured, wetting
the ceiling tiles containing asbestos.

Since the hospital could no longer properly heat the building, six
patients in hospital beds were evacuated.

Four of those patients were taken to Catskill Regional Medical
Center in Harris by Mobile Medic, while two were sent home to
their families, said Martinkovic.

The hospital stopped admitting patients on Sunday, but after the
asbestos problem was discovered, the decision was made to close
the facility.

The hospital is a division of Catskill Regional Medical Center.
The asbestos abatement is expected to take a couple of days, but
it might be about a week before the broken boiler is repaired,
said Martinkovic.

Catskill Regional Medical Center is expected to release a
statement of its own, but neither the medical center nor the
hospital had responded to requests for comment.


ASBESTOS UPDATE: Navy Head Had "Snowball Fights" With Asbestos
--------------------------------------------------------------
The News reported that the former head of the Royal Navy has told
how he used to have 'snowball fights' with asbestos while serving
aboard Portsmouth warship HMS Albion.

During a debate at the House of Lords, Lord Alan West -- the
navy's former First Sea Lord -- recounted how he used to play with
the lethal substance.

He said: 'One has to remember that none of us knew that it was
dangerous. I can remember having snowball fights with asbestos in
the boiler room of HMS Albion because we did not know that it was
so dangerous.'


ASBESTOS UPDATE: Man Dies Due to Asbestos Exposure
--------------------------------------------------
Jessica Phillips, writing for Hereford Times, reported that a man
who worked as an industrial instrument mechanic died from exposure
to asbestos, an inquest heard.

Andrew Deans, 92, died peacefully at Abbey Grange Rest Home in
Hereford on November 17 last year.

An inquest held at Hereford Town Hall heard Mr Deans was a retired
instrument mechanic who worked for various employers including
Shell, BP and Esso.

A post-mortem examination found some -- though a relatively low
amount of -- asbestos fibres and pathologist Dr Mark Hayes said Mr
Deans died from peritoneal mesothelioma.

Other contributory factors were congestive cardiac failure,
ischemic heart disease and exposure to asbestos.

The inquest heard Mr Deans had talked about dust that was made
when he had used a chisel or when cutting into panels as part of
his work.

He had moved to Abbey Grange Rest Home, on Venns Lane, in 2012 as
he was losing his sight. His health deteriorated further in the
last six months of his life.

The inquest heard Mr Deans did not complete any DIY or take part
in any hobbies that could have led to him being exposed to
asbestos.

He was proud of his job, the inquest heard, and was a very
practical man.

Coroner for Herefordshire, Mark Bricknell, recorded that Mr Deans
died from industrial disease.


ASBESTOS UPDATE: Retired Horse Breeder Exposed to Asbestos
----------------------------------------------------------
Jessica Phillips, writing for Ledbury Reporter, reported that a
retired horse breeder from Leominster believed she may have been
exposed to asbestos from an ironing board made by her father, an
inquest heard.

Julia Simpson, 73, died on March 30 2015 at St Michael's Hospice,
having been diagnosed with mesothelioma in 2011.

She underwent chemotherapy and had a reasonably good quality of
life for the next few years, the inquest heard, but sadly her
health deteriorated.


She believed she had been exposed to asbestos when she had come
into contact with an ironing board made by her father and she
recalled blowing away asbestos fibres when ironing.

However, the exact cause of exposure could not be ascertained.

The inquest at Hereford Town Hall heard Mrs Simpson had gradually
suffered more and more from shortness of breath and that her
family had been aware since 2011 that the cause could have been
asbestos.

Some buildings at the home address could also have contained
asbestos, the inquest heard.

Coroner for Herefordshire, Mark Bricknell, recorded that Mrs
Simpson died of mesothelioma.

He said the mesothelioma did appear to relate to exposure to
asbestos but not during the course of Mrs Simpson's employment.

He recorded an open conclusion.


ASBESTOS UPDATE: Construction Firm Fined for Improper Removal
-------------------------------------------------------------
Laura Dooney, writing for The Dominion Post, reported that an
Upper Hutt-based company has been fined more than $26,000 and
ordered to pay $7500 in reparations for failing to properly
identify and manage asbestos at a demolition site next to a
preschool.

The company's sole director and shareholder, Philip Delaney, was
convicted and discharged.

Demolition began on the Marlborough St site in Upper Hutt in
January 2015. WorkSafe stopped work on the site after community
complaints, and an investigation found a number of breaches of the
Health and Safety in Employment Act.

WorkSafe's chief inspector assessments for the central region,
Karen Davidson, said the case reinforced the need for people to
know the rules for working with asbestos-containing materials.

"Despite increased awareness, we are still seeing on average 170
workers die from asbestos-related diseases each year -- mostly
from the construction industry."

She said under new health and safety legislation, new rules around
asbestos removal will be introduced.


ASBESTOS UPDATE: Melbourne Tram Substations Have Asbestos
---------------------------------------------------------
Adam Carey, writing for The Age, reported that four new electrical
tram substations have been built in Melbourne with asbestos
flooring imported from China. Testing found a very small risk of
exposure to the deadly substance, prompting Yarra Trams to rush to
secure the four sites.

Three modular electrical substations were built last year in East
Brighton, the CBD, Thornbury and one is under construction in West
Brunswick. All have flooring that contains white asbestos, which
was banned in Australia in 2003.

Yarra Trams was alerted to the illegal presence of asbestos in
mid-December and has issued a legal notice to show cause to
Siemens, which was contracted to build them. Siemens subcontracted
the work to Adelaide-based Robin Johnson Engineering.

The South Australian company claims it was deceived by its Chinese
supplier, which provided documentation stating the flooring
material was asbestos-free.

Testing by Yarra Trams inside the substations at Brighton East,
Elizabeth Street in the city and Thornbury found asbestos was
present in seven of 24 dust swab samples, but returned a negative
air sample.

A Yarra Trams brief, from December 21, states: "EnviroProtect [an
independent testing organisation] has advised us that the asbestos
containing cement sheeting is of low risk and the likelihood of
exposure is possible, but unlikely."

Residents in Thornbury complained when the substation was built
last year that it had taken up a large chunk of a small local park
and children's playground. Staff in full protective equipment
worked to remove the asbestos on Monday.

Robin Johnson Engineering was found in January to have also used
asbestos in two new electrical substations on Adelaide's rail
network, in an emerging trend that Australia's Asbestos Safety and
Eradication Agency said was "the tip of the iceberg".

Robin Johnson, the company's managing director, said Yarra Trams
and Siemens were notified as soon as asbestos was found.

Mr Johnson said his company had been misled by the Chinese
supplier. He declined to name the supplier.

"We had confirmation and data sheets and technical information on
the material to say that it was 100 per cent asbestos-free, but
it's turned out it wasn't," he said.

The four substations are among 14 being built around Melbourne to
add extra power to the network for 50 large E-Class trams.

Phil Altieri, tram division secretary of the Rail, Tram and Bus
Union, said it was "extremely disappointing" to learn asbestos has
been installed, given there was a major program to eradicate it
from the tram network in the 1990s.

"To now find a brand new, supposed state-of-the-art substation
actually contains asbestos is absolutely disgusting," Mr Altieri
said.

"There are workers who have to maintain those substations on a
regular basis and they will be at risk."

Yarra Trams spokesman Simon Murphy said the company had had each
site tested by independent experts, who advised that the risk of
exposure to people who have entered the site, as well as the
public, is negligible.

"Yarra Trams is working with WorkSafe to implement all the
necessary steps to responsibly manage these sites to ensure the
safety of the local communities and our employees," Mr Murphy
said.

"We are keeping the local communities informed about this
remediation work as it takes place and reassuring them of the
negligible exposure risk."


ASBESTOS UPDATE: Digby Brown Lawyers Win Landmark Asbestos Case
---------------------------------------------------------------
William Wales was diagnosed with Pleural Plaques, an asbestos
related lung condition, while working as an electrician aboard
ships between 1963 and 1973.

During his employment, William was required to work in close
proximity to asbestos insulators applying asbestos based
insulation onto pipes and boilers throughout the ships. The
insulators used a product commonly known as "monkey dung" which
was an asbestos based powder mixed with water into a paste and
applied.

As part of the insulators, they also cut and fixed asbestos
sheeting. These operations resulted in considerable amounts of
asbestos fibres gathering in the air and on surfaces of the ship.
As a result, William inhaled large quantities of asbestos dust and
asbestos particles.

His employer failed to safeguard William against asbestos exposure
by providing masks or protective clothing for example and no
warning were given about the dangers of asbestos inhalation.

Pleural Plaques Compensation Claim
William now has an increased risk of developing asbestosis,
asbestos related lung cancer, diffuse pleural thickening and
mesothelioma -- a life threatening cancer.

William came to Digby Brown's specialist asbestos solicitors and
we secured William GBP8,500 in compensation. This is more than
twice the amount usually awarded to victims of asbestos related
conditions.

Other legal firms and some insurance companies use a framework
agreement to asses how much compensation individuals are entitled
to. However, our asbestos lawyers argued that the rightful amount
of compensation should be based on the impact an asbestos-related
condition has on an individuals' health and the anxiety and
distress it causes them as a result.

This pleural plaques claim was the first of its kind to be heard
in Scotland since 2009 and the decision could help people
throughout the West of Scotland access fair and proper
compensation after being exposed to asbestos through their work.

William Wales was exposed to asbestos simply be going to work.
Sadly, many others are in similar positions.

         Contact Digby Brown's Asbestos Disease Lawyers

Digby Brown's asbestos lawyers are independent, treat every case
individually and will do everything we can to ensure you receive
full and fair compensation.

If you would like to speak to us, contact us on 0333 200 5925 or
fill in our short enquiry form and someone will be in touch.


ASBESTOS UPDATE: Owners Accused of Jeopardizing Workers' Health
---------------------------------------------------------------
Amy Judd, writing for Global News, reported that a father and son
are facing possible jail time over accusations they repeatedly and
knowingly exposed workers to asbestos.

Mike and Shawn Singh are accused of repeatedly breaching court
orders to comply with WorkSafeBC rules, overexposing workers to
the deadly material.

Back in 2013, the Singh's company Seattle Environmental
Consulting, was fined $15,000 over asbestos-handling violations.

The latest incidents are alleged to have happened since then.

"I've seen first hand, death associated to asbestos exposure, and
I can't understand why any employer in the province of British
Columbia would continue to expose workers and the public hundreds
of times after they've been told to cease and desist," said Lee
Loftus, BC Insulators Union business manager.


ASBESTOS UPDATE: DA Probes Potential Violation at Dick Bruhn Bldg
-----------------------------------------------------------------
Ana Ceballos and Mary Duan, writing for Monterey County Weekly,
reported that for about a month, the Monterey County District
Attorney's Office has been investigating possible illegal removal
and dumping of asbestos from the now-destroyed Dick Bruhn building
in Oldtown Salinas.

The Monterey Bay Unified Air Pollution Control District inspectors
brought their concerns to the D.A. Environmental Protection Unit
on Jan. 27. A 10-alarm fire destroyed everything but the
building's brick facade on Saturday.

"They brought in reports to us and we've been sorting through
them," District Attorney Dean Flippo says. "And then, the fire
[happened]."

Asbestos is a naturally occurring mineral, but when burned it can
pose a significant health hazard and has the ability to linger in
the air even after a fire has been extinguished. The material is
also known as a carcinogen.

"There is asbestos on site, we know this, and with what happened
it's been . . . liberated," says Richard Stedman, the Monterey Bay
Air Resources Control District's air pollution control officer. By
liberated, Stedman adds, he means the fire released it into the
air.

Flippo is not sure if Gerry Kehoe, the owner of the building, is
aware he's under investigation. In an email, Kehoe denied asbestos
was present in the building and cited two reports he commissioned
last year. Stedman says the district found a single report had
taken place and deemed it inadequate.

"Now with the fire, we would be prepared to use our investigators
to assist trained investigators," Flippo says. "Nothing of a
criminal nature, like arson, has been brought to us. We are at the
beginning stage."

In the email, Kehoe writes, "Perhaps [the Weekly] might emphasize
the positive efforts of Grabe Engineers, the city manager, the
Fire Department, the City Permitting Department and all good
citizens of the Salinas community to save and enhance this great
heritage property and look deeper at the cause of the fire
(whether it is a lack of provision of shelter for the homeless and
God bless the homeless) or whether there is an arsonist in our
midst or whether somehow an accident occurred.

"The city of Salinas could well do with some good news," the email
continues. "My family has lost much in this tragic event but our
faith in this building and in Salinas remains intact."

The city red-tagged the Bruhn building in February 2015 after
illegal construction work at the site was reported by the Weekly.


ASBESTOS UPDATE: Ruling Opens Door for Victims to Get More Pay
--------------------------------------------------------------
Daily Record reported that although the dangers of asbestos are
now well-known, thousands of people are still affected by past
exposure to the fibre once so commonly used in building work.

Every year more than 5000 people die from diseases caused by
exposure to asbestos, and that figure includes around 20 former
tradesmen each week.

Victims who were exposed to asbestos through their working
environment often claimed compensation for their condition through
established routes, usually in the form of Union-based legal
advice.

And, until recently, many were limited in the level of
compensation they could claim, as legal firms and some insurance
companies use a standard framework agreement to asses how much
compensation individuals are entitled to.

But now a landmark ruling by the Court of Session has opened the
door for victims to receive full and fair compensation, with
higher financial settlements.

Specialist industrial disease lawyers at Digby Brown Solicitors
decided to challenge the traditional framework for compensation in
2014, and recently won a case on behalf of an electrician who was
exposed to asbestos at work.

William Wales suffers from Pleural Plaques, an asbestos related
lung condition, which he was exposed to while working aboard ships
between 1963 and 1973.

After a lengthy legal process, a judge awarded William GBP8,500 in
compensation -- more than twice the amount usually awarded to
asbestos victims with similar related health conditions.

Digby Brown won William's case by arguing that the rightful amount
of compensation awarded to victims should be based on the impact
an asbestos-related condition has on an individual's health, and
the anxiety and distress it causes them -- not on a standard pre-
agreed framework.

The case was the first of its kind to be heard in Scotland since
2009, and the precedent could now help people throughout the West
of Scotland access fair and proper compensation after being
exposed to asbestos through work.


ASBESTOS UPDATE: Former Derby Laborer Battles Asbestosis
--------------------------------------------------------
Chris Peddy, writing for Derby Telegraph, reported that a
pensioner who spent his career stripping down steam trains and
boilers says his life has been ruined by asbestosis.

Terry McGahey and his wife, Julie, say they cherish every day
since his diagnosis with the deadly disease.

The former Derby labourer says he will never recover from the
damage caused to his lungs by the asbestos.

Mr McGahey has been forced to move to the ground floor of his home
as he struggles to use the stairs and needs oxygen eight to ten
hours a day.

He worked at some of the city's biggest companies in his career,
handling asbestos on a daily basis. He never wore a mask.

In 2013, he became increasingly breathless and hospital tests
showed he had fluid around his lungs which had been caused by his
exposure to asbestos in the 1960s.

The fluid was drained but Mr McGahey was left with asbestos-
related pleural thickening, where the lining of the lungs becomes
thickened due to embedded asbestos fibres.

Mr McGahey worked at Albert Looms as a railway and coach recycler,
as well as at Derby Corporation and Celanese, both of which have
since stopped operating.

The 68-year-old, who lived in Parliament Street, Derby, said he
and his colleagues were never warned of the dangers of asbestos,
which was used for insulation in the last century.

Mr McGahey, who now lives with his wife in High Lane East, West
Hallam, said the asbestosis was ruining his life.

He said: "Nobody knew until later on that it was dangerous. I
won't recover from this now -- my condition will just get worse
and worse. It's ruined my life, there's no two ways about it."

Mrs McGahey, 56, said: "It's upsetting because you know he has got
it for the rest of his life, so every day is precious.

"We used to love going out for long walks but now he can't really
do that. He's a practical person -- he doesn't like sitting in and
it gets him down."

His job at Albert Looms involved stripping down and dismantling
steam engines and carriages. They were lagged with asbestos.

Although there was no safety advice available to him when he was
working, there were times when he was inhaling clouds of asbestos
-- something he thought could have been detrimental to his health.

He said: "It did make me cough but I didn't really take any notice
of it. Now I can't carry anything heavy like I used to and I'm on
oxygen. I have to take my time with everything. Even putting my
socks on is difficult and I can't do gardening anymore."

Mr McGahey received a settlement totalling about GBP30,000 from
the three companies, with the help of Derby firm Dedicated
Asbestos Solicitors.

But a large portion of that has already been spent on converting
one of the downstairs rooms at his home into a bedroom.

He has also had to have extra heating appliances installed and he
has paid to have his bathroom redecorated with non-slip tiling.

Mr McGahey wanted to publicise his claim to raise awareness of
asbestosis.

"If anyone has any doubt in their mind that they have worked with
it, then they should get themselves examined," he said.

"Lots of people don't realise it and the best thing they can do is
get help.

"There could be thousands of people walking around with asbestosis
without even knowing. It can stay dormant for 40 or 50 years and
then it will suddenly hit you."

Mr McGahey now has to take life at a much slower pace than when he
and Julie married in 2001.

John Das is a director at Dedicated Asbestos Solicitors. He said:
"Bringing a claim can seem daunting when you consider that it is
based on asbestos exposure that occurred about half a century ago.

"Many claimants worry about being able to prove their case when
they no longer have any contact with their former colleagues and
when the business has now closed down."

No-one from Albert Looms was available for comment.


ASBESTOS UPDATE: Ford Spent $40MM to Reshare Asbestos Science
-------------------------------------------------------------
Jim Morrise, writing for The Center for Public Integrity, reported
that in 2001, toxicologist Dennis Paustenbach got a phone call
from a lawyer for Ford Motor Company.

The lawyer, Darrell Grams, explained that Ford had been losing
lawsuits filed by former auto mechanics alleging asbestos in
brakes had given them mesothelioma, an aggressive cancer virtually
always tied to asbestos exposure. Grams asked Paustenbach, then a
vice president with the consulting firm Exponent, if he had any
interest in studying the disease's possible association with brake
work. A meeting cemented the deal.

Paustenbach, a prolific author of scientific papers who'd worked
with Grams on Dow Corning's defense against silicone breast-
implant illness claims, had barely looked at asbestos to that
point. "I really started to get serious about studying asbestos
after I met Mr. Grams, that's for sure," Paustenbach testified in
a sworn deposition in June 2015. Before that, he said, the topic
"wasn't that interesting to me."

Thus began a relationship that, according to recent depositions,
has enriched Exponent by $18.2 million and brought another $21
million to Cardno ChemRisk, a similar firm Paustenbach founded in
1985, left and restarted in 2003. All told, testimony shows, Ford
has spent nearly $40 million funding journal articles and expert
testimony concluding there is no evidence brake mechanics are at
increased risk of developing mesothelioma. This finding, repeated
countless times in courtrooms and law offices over the past 15
years, is an attempt at scientific misdirection aimed at
extricating Ford from lawsuits, critics say.

"They've published a lot, but they've really produced no new
science," said John Dement, a professor in Duke University's
Division of Occupational and Environmental Medicine and an
asbestos researcher for more than four decades. "Fifteen years
ago, I thought the issue of asbestos risk assessment was pretty
much defined. All they've accomplished is to try to generate doubt
where, really, little doubt existed."

The glut of corporate-financed science has yielded mixed results.
Exponent had a role in jury trials won by Ford in St. Louis and
Pittsburgh last year, for example, and in a trial Ford lost in
Tennessee. Judges have noted the infusion of controversy into a
subject that for many years was not controversial in the least. A
veteran asbestos judge in Wayne County, Michigan, wrote in an
opinion that he'd never encountered the argument that "the science
was not there" on mesothelioma and brakes until he heard a case
involving an Exponent witness.

The discord over brakes bankrolled by Ford "has, in certain cases,
tipped the scales for the defendants with juries," said
plaintiffs' lawyer Jon Ruckdeschel. "More frequently, it has been
used by industry lawyers to increase the costs and burdens on the
courts and sick mechanics by creating a tidal wave of pre-trial
litigation regarding the 'science.' "

A troubling history

Over the past decade 109 physicians, scientists and academics from
17 countries have signed legal briefs affirming that asbestos in
brakes can cause mesothelioma. The World Health Organization and
other research and regulatory bodies maintain that there is no
safe exposure level for asbestos and that all forms of the mineral
-- including the most common one, chrysotile, found in brakes --
can produce mesothelioma.

Worries about brakes as a source of disease go back decades. A
1971 Ford memo shows that while the company didn't believe brake
dust unleashed by mechanics contained significant amounts of
asbestos, it already was exploring alternatives to asbestos brake
linings. One of them, made of metal and carbon, performed well,
the memo says, "but the cost penalty is severe ($1.25/car just for
front-end brakes)."

A Ford spokeswoman declined to comment for this article. In its
2014 annual report, the company said, "Most of the asbestos
litigation we face involves individuals who claim to have worked
on the brakes of our vehicles over the years. We are prepared to
defend these cases, and believe that the scientific evidence
confirms our long-standing position that there is no increased
risk of asbestos-related disease as a result of exposure to the
type of asbestos formerly used in the brakes on our vehicles."
Ford announced recently that it earned a record pretax profit of
$10.5 billion in 2015.

A written statement to the Center for Public Integrity delivered
on behalf of Paustenbach by a public-relations firm says, "Dennis
was viewed as one of the leading risk assessment experts in the
country, and was contacted by Ford because of his experience and
expertise in this field. ? As Dennis and others learned more about
brake dust, it was clear that while there was considerable data on
the subject, the scientific information had never been synthesized
and analyzed."

His conclusion after reviewing the scientific literature,
according to the statement: "There is no credible study that has
shown an increased risk of disease in auto mechanics."

An Exponent vice president declined to comment. On its website,
the 49-year-old firm, originally known as Failure Analysis
Associates, says, "We evaluate complex human health and
environmental issues to find cost-effective solutions. ? By
introducing a new way of thinking about an existing situation, we
assist clients to overcome seemingly insurmountable obstacles."

A Center review of abstracts on the National Institutes of
Health's PubMed website turned up 10 articles on asbestos brakes
co-authored by scientists affiliated with Exponent or Cardno
ChemRisk since 2003. (The latter was known simply as ChemRisk
until it was acquired by Brisbane, Australia-based Cardno in
2012). None of the articles reported an elevated risk of
mesothelioma among vehicle mechanics.

Many physicians and scientists say, however, that these papers
muddy the waters by drawing overly broad conclusions from earlier
studies of workers who might have had no contact with asbestos
brakes. "In the asbestos area the whole literature has been so
warped by publications just supporting litigation," said Dement,
of Duke. "It has a real negative impact on pushing the science
forward." Dement said he has, on rare occasions, consulted for
plaintiffs in the past 10 or 15 years, earmarking nearly all fees
for the university.

In a 2007 article, two researchers at George Washington University
-- one of whom, David Michaels, now heads the U.S. Occupational
Safety and Health Administration -- reported finding six
"litigation-generated" papers   on asbestos and auto mechanics
published from 1997 through 2001. In the ensuing five years, 20
such papers were published. All told, 18 of the 26 papers
published from 1997 through 2006 were "written by experts
primarily associated with defendants, while eight were written by
experts who work primarily for plaintiffs ... Sponsorship by
parties involved in litigation leads to an imbalance in the
literature ? whoever is willing to fund more studies will have
more studies published."

Craig Biegel, a retired corporate defense lawyer in Oregon who
represented plaintiffs later in his career, did an update of the
Michaels paper as part of his doctoral dissertation. Biegel
searched the National Library of Medicine's PubMed website using
the words "asbestos" and "brake." He found 27 articles written
from 1998 to 2015 by experts known to work for industry; all, he
said, showed either no elevated risk of mesothelioma among
mechanics or minimal asbestos exposures.

He found 10 articles written by plaintiffs' experts; all showed an
association between the disease and brake work. And he found 11
articles written by foreign scientists, who, as far as he knew,
were not involved in litigation. All but one showed an association
or documented high asbestos exposures.

"As far as I'm concerned, both sides in a lawsuit do the same
thing: They both fund research to obtain evidence for trial, not
to advance science," said Biegel, who once defended asbestos
property-damage claims for a Fortune 500 company he declined to
identify. "The only difference is that defense counsel have almost
unlimited industry money and plaintiffs' counsel do not want to
spend their own money."

Ford's knowledge of asbestos

There are several ways microscopic asbestos fibers can be sent
airborne and enter the human body during brake work. Over time,
friction wears down brake linings and pads -- many of which
contained asbestos prior to the mid-1990s and some of which still
do -- and they need to be replaced. A mechanic who opened a brake
drum would find it filled with fine dust from the decayed lining.
The easiest and most common way to clean it out was to use
compressed air, a technique that generates grayish, fiber-bearing
clouds that can trigger disease years later if the worker is not
properly protected. Many weren't.

Other opportunities for exposure: filing, grinding or sanding
brakes, or cleaning up work areas.

Ford wasn't the only U.S. automaker to use asbestos brakes.
General Motors and Chrysler did as well and found themselves in
court as a result. Of the so-called Big Three, however, only Ford
continues to get hit with mesothelioma lawsuits; GM and Chrysler
are immune by virtue of their 2009 bankruptcies. "The extent of
our financial exposure to asbestos litigation remains very
difficult to estimate," Ford said in its 2014 annual report.
"Annual payout and defense costs may become significant in the
future."

Documents show Ford was mindful of concerns about asbestos brakes
by the late 1960s. An unpublished report by an industrial
hygienist with Ford of Britain in 1968 said that while brake
linings at the time contained between 40 and 60 percent asbestos,
field tests indicated dust that collected in brake drums had a low
asbestos content because much of the material decomposed after
repeated braking. Consequently, he wrote, there was no evidence
that blowing out the drums presented a "significant hazard to
health."

The hygienist added, "It would be helpful, however, for clinical
examinations to be made of some repair mechanics with long
experience of brake cleaning to confirm this view. It would also
be desirable to include in Service manuals a general instruction
that inhalation of dust during brake cleaning should be
minimised."

A 1970 Ford memo titled "Asbestos Emissions from Brake Lining
Wear" included a bibliography of 40 articles on the cancer-causing
effects of asbestos, dating to 1954. And the same 1971 memo
bemoaning the $1.25 cost of asbestos-free brakes noted that the
state of Illinois was considering banning the use of asbestos in
brake linings, beginning with the 1975 model year.

In 1973, Ford began telling its own employees to use "an
industrial type vacuum cleaner" to remove dust from brake drums.
"Under no circumstances shall compressed air blowoff be used to
clean brakes and brake drums," the company said. It first told its
dealers about what it called "a potential health hazard" in 1975.

In a court filing, Ford said it began putting "caution" labels on
packages of asbestos-containing brakes and clutches in 1980; many
mesothelioma victims who have sued the company say they never saw
such labels. In the same document Ford said it began a "complete
phase-out of asbestos-containing brake products" in the 1983 model
year, starting with its Ranger pickup truck. A decade later, only
Ford Mustangs and certain limousines were equipped with asbestos
brakes; some asbestos-containing parts for older model-year
vehicles were available until 2001through dealerships and
authorized distributors.

That was the year lawyer Grams reached out to toxicologist
Paustenbach to gauge his interest in studying mesothelioma in ex-
mechanics. "I contacted Dr. Paustenbach because he is one of the
leading professional experts in the world," Grams, who no longer
represents Ford, said in a brief phone interview. Grams said he
had read none of the recent deposition testimony about the
relationship between Ford and its two brake consultants, Cardno
ChemRisk and Exponent.

In his curriculum vitae, Paustenbach, president of Cardno
ChemRisk, says he is "a board-certified toxicologist and
industrial hygienist with nearly 30 years of experience in risk
assessment, environmental engineering, ecotoxicology and
occupational health." The 181-page CV shows he has worked on
topics ranging from arsenic in wine to heavy metals in hip
implants; authored or co-authored 271 peer-reviewed articles; and
given 440 presentations at conferences. He is regularly retained
as a defense expert in asbestos litigation and other toxic-tort
cases.

Paustenbach offered a window into his thinking in a 2009 article
written by a University of Virginia business professor.

"Without a doubt, a large percentage of environmental and
occupational claims are simply bogus, intended only to extract
money from those who society believes can afford to 'share the
wealth,'" Paustenbach told his interviewer. He said, "The vast
majority of cases that I've seen were fraudulent with respect to
the scientific merit and billions upon billions of dollars are
redistributed annually inappropriately -- at least from a
scientific standpoint.

"? Nonetheless," Paustenbach said, "I am a firm believer in the
wisdom of juries and support giving generous awards to those that
have been truly harmed by bad corporate behavior."

In a 2010 letter to Dolores Nu¤ez Studier, a lawyer in the Ford
general counsel's office, Paustenbach claimed his firm's papers
had "changed the scientific playing field in the courtroom. You
know this better than anyone as you have seen the number of
plaintiff verdicts [in asbestos cases] decrease and the cost of
settlement go down over time."

In the letter, which surfaced in the discovery phase of a lawsuit,
Paustenbach complained that the fee structure in place between
Ford and Chemrisk was "out of date" and too low.

"Dolores, currently, you are among our largest clients," he wrote.
"And, Ford has certainly been a loyal supporter. The Big 3
[automakers] were the foundation of the firm during our formative
years, and for this reason, I have tried to go the extra mile to
satisfy your needs."

Asked to explain the letter during a 2014 deposition, Paustenbach
said he was merely emphasizing to Studier that "we invested in
scientific research to answer questions that remained unanswered
in the courtroom for many, many years ?. And I was pretty proud of
that." He said he didn't feel it was fair for his firm to lose
money "when, in fact, I was so committed to getting the science
straight."

Creating doubt

The World Health Organization estimates that 107,000 people die
each year from asbestos-related diseases. "Exposure to asbestos,
including chrysotile, causes cancer of the lung, larynx and
ovaries, and also mesothelioma (a cancer of the pleural and
peritoneal linings) [and] asbestosis (fibrosis of the lungs)," the
WHO says. "No threshold has been identified for the carcinogenic
risk of asbestos, including chrysotile."

OSHA says, "There is no 'safe' level of asbestos exposure for any
type of asbestos fiber. Asbestos exposures as short in duration as
a few days have caused mesothelioma in humans."

Taking the WHO and OSHA statements at face value, the case against
asbestos would seem to be closed: Even someone with very low
exposure to the mineral should worry.

In papers published over the past 15 years, however, scientists
with Exponent, Cardno ChemRisk and other consulting firms have
questioned whether brake mechanics truly are at heightened risk of
developing mesothelioma, the disease that has fueled litigation
against Ford and others.

A 2004 Exponent paper funded by Ford, GM and Chrysler, for
example, concluded that "employment as a motor vehicle mechanic
does not increase the risk of developing mesothelioma." An update
of that paper in 2015 found the same result. Each paper was a
meta-analysis -- an agglomeration of the results of multiple
studies that, taken individually, may be too weak to indicate an
effect.

In a deposition last October, Exponent's Mary Jane Teta, a co-
author of both meta-analyses, defended her firm's findings. "I
disagree when they say there is no safe level [of asbestos]," she
testified. "I know the level of chrysotile ? experienced by
vehicle mechanics is safe."

In his statement to the Center, Paustenbach wrote, "It is
implausible that nearly 20 epidemiology studies" --  on which he
bases his legal opinions -- "would conclude that there is no
increased risk of mesothelioma for the time period during which
brakes contained chrysotile asbestos if that were not the
appropriate conclusion."

The studies Paustenbach cites, however, are fraught with
limitations, such as small sample sizes, vague job classifications
and lack of exposure data. And not all of them found, as he put
it, "no increased risk of mesothelioma" among mechanics. In a 1989
paper, for example, a Danish researcher who studied causes of
death among auto mechanics reported finding a single case of
mesothelioma among her subjects, where none would have been
expected in the general population. As with other cancers, she
wrote, this number was "too small to state or rule out a
potentially increased risk."

A co-author of another paper, Kay Teschke of the University of
British Columbia, testified in a 2012 deposition that her research
was being mischaracterized.

"Vehicle mechanics do many different things in their day; some
might work on engines, some might only work on wheel alignment,"
Teschke testified. "And when you dilute the [asbestos] exposure in
that way, you can't find the relationship with the job ? It
doesn't mean that people in that job are somehow immune to the
effects of the exposure ? "

Christian Hartley, a lawyer in Mount Pleasant, South Carolina, who
has represented about 100 mesothelioma victims in brake cases,
said the papers used in the defense of such lawsuits "push all
this data together that's totally incomparable. That's what gets
reported in the literature and is used to persuade judges and some
experts. It's very misleading to think we have any kind of real
handle on what a typical mechanic has for exposure."

Dr. David Egilman, a clinical professor of family medicine at
Brown University and editor of the International Journal of
Occupational and Environmental Health, argues that the papers are
deceptive by design. Many reanalyze previously published studies
of workers described as mechanics who may have had no contact with
asbestos brakes, he said. The effect, Egilman said, is to dilute
the cancer data so the overall risk appears low.

Egilman, who consults for asbestos plaintiffs, spends much of his
time rebutting Paustenbach and other industry-funded researchers.
"They can throw a lot of things at the wall and hope something
sticks with the jury," he said. "It forces people like me or other
scientists to try to clean up each thing that was thrown at the
wall, one at a time. And by the end of the day, that could be
confusing to a jury or judge."

Egilman said the body of work underwritten by Ford and other
asbestos defendants is being used to try to deprive sick workers,
or their families, of compensation. "Some courts have adopted it
as a standard," he said.

More broadly, the industry-funded papers can confuse the public --
and even government experts.

In 2009, the National Cancer Institute published a fact sheet on
its website stating there was no evidence brake work was
associated with an increased risk of mesothelioma or lung cancer.
The 2004 meta-analysis funded by the automakers was cited as a
reference.

Dr. Arthur Frank, chair of the Department of Environmental and
Occupational Health at Drexel University, was incredulous.

"What is truly ironic about such a statement is that it is
incontrovertible that asbestos, including chrysotile, the type of
asbestos found in brakes, does, in fact, cause lung cancer and
mesothelioma," Frank wrote in a letter to the institute's director
obtained by the Center for Public Integrity through a Freedom of
Information Act request. "Since we have not banned asbestos in
this country, those who might read this statement could well think
asbestos brakes are safe, putting at risk both professional and
'shade tree' mechanics, and their family members."

Frank said the meta-analysis cited by the institute was
"unreliable and should not serve as the basis for any statement by
the NCI."

Then-NCI Director Dr. John Neiderhuber replied that he had
discussed Frank's critique with an in-house expert who agreed that
the language on the website should be amended. The new statement,
posted less than two weeks after Frank sent his letter, read that
while studies of cancer risks among auto mechanics were limited,
"the overall evidence suggests that there is no safe level for
asbestos exposure." The citation of the 2004 paper was deleted.

The brake studies have had global reach. The "chrysotile-is-safe"
argument has been used to stave off asbestos bans and preserve
markets in developing nations such as India and China, where
building materials and other products containing asbestos are
widely used.

"The real nefarious part of this research ? is that a lot of
people who live in those countries are continuing to be exposed
under uncontrolled conditions to asbestos," Egilman said. "That's
the real horror story here."

Don't miss another investigation

While the brake papers and the experts who write them have
contributed to defense verdicts in mesothelioma cases, things
occasionally go the other way.

Ronnie Stockton operated an auto repair shop 100 feet from his
home in Jackson, Tennessee, for 30 years and specialized in brake
jobs, often on Ford vehicles. He'd attended training classes in
which instructors recommended that paper masks be worn around
brake dust but never heard a "full description of what asbestos
did," he said in a recent interview. "We wasn't warned it could
kill you when you swept it up and didn't wear the mask."

As it turned out, Stockton's wife, Joyce, was the one who got
sick. She used to help her husband sweep out the shop. She kept
the books and washed Ronnie's dusty clothes. One night in December
2010 she lay down in bed and felt her chest tighten. "I thought I
was having a heart attack," she said. A biopsy confirmed that she
had mesothelioma, to that point merely a strange word she'd heard
in lawyers' TV commercials. "I would sit in front of the
television trying to learn how to pronounce it, not ever knowing I
had the disease," she said.

The Stocktons sued Ford and went to trial in August. Two Exponent
scientists were among the defense experts.

In his closing argument after nearly two weeks of testimony,
Ruckdeschel, the Stocktons' lawyer, said Ford's experts had "spun
the literature" on asbestos. "They're not taking what the studies
say; they're putting a spin on it."

If independent research had shown no connection between brake work
and mesothelioma, Ruckdeschel said, "they wouldn't have had to go
and pay Exponent to write all the papers to say, 'Well, we've
reanalyzed the data, and there really isn't any evidence.' "

Defense lawyer Samuel Tarry urged jurors not to be swayed by the
millions of dollars Ford had invested in the papers. It "shouldn't
come as any surprise that over time it costs a lot of money to
defend these cases and to publish research where it can be
critiqued and criticized and start discussions," he said. Tarry
recounted the testimony of Exponent's Mark Roberts, who "told you
that the majority of mesotheliomas in women are unrelated to
asbestos. ? He explained that all of us have a background risk,
not just for mesothelioma but for any type of cancer ?. They can
happen naturally. They can happen with an environmental insult."

After deliberating about two days, the jury returned a $4.65
million verdict in the Stocktons' favor. It assigned 71 percent of
the liability to Ford and 29 percent to brake manufacturer
Honeywell, which had been brought into the case on Ford's motion.
Ford has asked for a new trial.

Latisha Strickland was the jury foreman. She'd wanted to assign
100 percent of the blame to Ford but agreed to the 71-29 split to
avoid a hung jury.

"I felt ashamed -- I had compromised what I thought it should be,"
Strickland, a home-school teacher, said in a telephone interview.
"You couldn't give me the Powerball lottery to go through the
amount of surgeries this woman [Joyce Stockton] has gone through."

Strickland said she was especially put off by the 1971 memo
showing Ford decided not to spend $1.25 per vehicle to replace
front-end asbestos brakes.

"It proved Ford knew," she said.


ASBESTOS UPDATE: Court Dismisses Inmate's Civil Rights Suit
-----------------------------------------------------------
Paul Adam, a state prisoner incarcerated at California
Rehabilitation Center, filed a civil rights action claiming that
his constitutional rights were being violated by the California
Department of Corrections and others.  Among other things, the
Plaintiff complains that he is being exposed to "black mold
asbestos," which is being spread through animals near the prison.
He claims that a corrections officer told him that certain
buildings near the prison grounds were unstable, that there was
asbestos in them, and that, if there was an earthquake and the
buildings collapsed, the asbestos would become airborne.

The Plaintiff also filed a request to proceed in forma pauperis
("IFP"), which was granted.  Defendants California Department of
Corrections and Rehabilitation, et al., now move to revoke the
Plaintiff's IFP status, arguing that he had six strikes at the
time the Court approved his IFP application.  The Plaintiff
opposes the motion.

In an Order dated January 27, 2016, which is available at
http://is.gd/GUArO3from Leagle.com, Judge S. James Otero of the
United States District Court for the Central District of
California revoked the Plaintiff's in forma pauperis status and
dismissed the action without prejudice

The case is PAUL ADAMS, Plaintiff, v. CDCR, ET. AL., Defendants,
Case No. 15-CV-1067-SJO-PJW (C.D. Calif.).

Paul Adams, Plaintiff, Pro Se.

California Department of Corrections and Rehabilitation,
Defendant, represented by Cassandra Jean Shryock, CAAG - Office of
the Attorney General & Cassandra Jean Shryock, CAAG - Office of
the Attorney General.

California Rehabilitation Center, Defendant, represented by
Cassandra Jean Shryock, CAAG - Office of the Attorney General &
Cassandra Jean Shryock, CAAG - Office of the Attorney General.

State of California, Defendant, represented by Cassandra Jean
Shryock, CAAG - Office of the Attorney General.

United States of America, Defendant, represented by Assistant US
Attorney LA-CV, AUSA - Office of US Attorney.

United States of America, Defendant, represented by Assistant US
Attorney LA-CV, AUSA - Office of US Attorney.


ASBESTOS UPDATE: "Ahnert" Suit Proceeds to Trial Against WEPCO
--------------------------------------------------------------
The case styled BEVERLY AHNERT Individually and as Executrix of
the Estate of Daniel Ahnert, Deceased, Plaintiff, v. EMPLOYERS
INSURANCE COMPANY OF WAUSAU, PABST BREWING COMPANY, SPRINKMANN
SONS CORPORATION, WISCONSIN ELECTRIC POWER COMPANY, Defendants,
Case No. 13-C-1456 (E.D. Wis.), alleges that "from approximately
1955 to 1980" the decedent Daniel Ahnert was "exposed to asbestos
products and inhaled airborne asbestos fibers released while using
or working in proximity to others using or removing those
products.

Ahnert died in 2011 from mesothelioma.  His wife, Beverly Ahnert,
sued Wisconsin Electric Power Company (WEPCO), as a premise owner,
asserting negligence and punitive damages claims.  Notably, this
is the third time that the plaintiff has sued WEPCO based on
Daniel Ahnert's alleged exposure to asbestos-containing products
at a WEPCO facility.  The first case remains pending in the
Eastern District of Wisconsin; the second, which was filed in
Milwaukee County Circuit Court, was dismissed without prejudice.
Over time, the plaintiff's theories of exposure to asbestos have
evolved from an exposure in the 1980s at a WEPCO facility to
multiple additional exposures in the 1960s at the Oak Creek and
Port Washington Power Plants.

In an Order dated January 22, 2015, which is available at
http://is.gd/2qZUPIfrom Leagle.com, Judge C.N. Clevert, Jr., of
the United States District Court for the Eastern District of
Wisconsin denied WEPCO's Motion for Summary Judgment and the
parties will proceed to trial.


Beverly Ahnert, Plaintiff, is represented by Jin Ho Chung, Esq. --
Cascino Vaughan Law Offices Ltd, Daniel B Hausman, Esq. -- Cascino
Vaughan Law Offices Ltd,Robert G McCoy, Esq. -- Cascino Vaughan
Law Offices Ltd & Michael P Cascino, Esq.-- Cascino Vaughan Law
Offices Ltd.

Wisconsin Electric Power Company, Defendant, represented by Travis
J Rhoades, Esq. -- trhoades@crivellocarlson.com  -- Crivello
Carlson SC & James A Niquet, Esq. -- jniquet@crivellocarlson.com -
- Crivello Carlson SC.


ASBESTOS UPDATE: Court Grants John Crane's $866 Deposition Cost
---------------------------------------------------------------
Sharon Bell brought an action as the executor of the estate of her
husband, Richard Bell, alleging her husband developed lung cancer
due to his exposure to asbestos-containing products while serving
in the United States Navy.  The United States District Court for
the Southern District of Illinois granted Defendant John Crane
Inc.'s motion for summary judgment.

Now pending before the Court is John Crane's Bill of Costs.  John
Crane seeks a total of $866.85 for deposition costs related to
deposing the Plaintiff and the Plaintiff's sole fact witness, Mike
Loveless.  The Plaintiff filed an objection.

In a Memorandum and Order dated January 25, 2016, which is
available at http://is.gd/ShXCJPfrom Leagle.com, U.S. District
Judge Staci M. Yandle granted the Defendant $866.85 for Deposition
costs.

The case is SHARON BELL, Executor of the Estate of Mr. Richard W.
Bell, Deceased, Plaintiff, v. THE ABB GROUP, INC., et al.,
Defendants, Case No. 13-CV-1338-SMY-SCW (S.D. Ill.).

Sharon Bell, Plaintiff, is represented by Ben A. Vinson, Jr., Esq.
-- Vinson Law, John D Sloan, Jr, Esq. -- Sloan, Bagley, Hatcher &
Perry, Zane T. Cagle, Esq. -- Cagle Law Firm, LLC & Clay Zelbst,
Esq. -- Sloan, Bagley, Hatcher & Perry.

CBS Corporation, Defendant, represented by Daniel G. Donahue,
Foley & Mansfield, PLLP, Michael R. Dauphin, Foley & Mansfield,
PLLP & Robert S. Sanderson, Foley & Mansfield, PLLP.

The Gorman-Rupp Company, Defendant, represented by Leslie G.
Offergeld, Walker & Williams.

John Crane, Inc., Defendant, is represented by Sean P. Fergus,
Esq. -- sean@otmblaw.com -- O'Connell, Tivin, Miller & Burns
L.L.C., Caroline Linder Olson, Esq. -- colson@otmblaw.com --
O'Connell, Tivin, Miller & Burns L.L.C. & Simon B. Purnell, Esq.--
spurnell@otmblaw.com --O'Connell, Tivin, Miller & Burns L.L.C..

Metropolitan Life Insurance Co., Defendant, represented by Charles
L. Joley, Joley, Nussbaumer, et al..

SPX Corporation, Defendant, represented by Dennis J. Graber,
Hinshaw & Culbertson.

Velan Valve Corp., Defendant, represented by Benjamin J. Wilson,
HeplerBroom LLC, Carl J. Geraci, HeplerBroom LLC & Michael J
Chessler, HeplerBroom LLC.

Warren Pumps, L.L.C., Defendant, represented by Keith B. Hill,
Heyl, Royster et al., James R. Grabowski, Heyl, Royster et al. &
Michael D. Schag, Heyl, Royster et al..

Honeywell International Inc, Defendant, represented by Kathleen
Ann Hardee, Polsinelli PC, Luke J. Mangan, Polsinelli PC - St.
Louis, Nicole C. Behnen, Polsinelli PC, Allison K. Sonneveld,
Polsinelli Shughart PC & Kirra N. Jones, Polsinelli PC.


ASBESTOS UPDATE: Crane Wins Summary Judgment Bid in "Dandridge"
---------------------------------------------------------------
Linda T. Dandridge brings claims against Defendants Crane Co. et
al., for negligence, negligent failure to warn, breach of the
implied warranty of merchantability, strict liability, fraud,
fraudulent misrepresentation, breach of post-sale duty to warn,
wrongful death, and loss of consortium.  Crane moved for summary
judgment as to all claims.

In an Order dated January 27, 2016, which is available at
http://is.gd/06f2VLfrom Leagle.com, Judge David C. Norton of the
United States District Court for the District of South Carolina,
Charleston Division, granted Crane's motion for summary judgment.

The court finds that the plaintiff has failed to demonstrate a
genuine issue of material fact as to whether Crane owed Dandridge
a duty to warn and whether Crane's breach of that duty caused
Dandridge's mesothelioma.

The case is LINDA T. DANDRIDGE, individually and as personal
representative of the estate of THOMAS C. DANDRIDGE, JR.,
deceased, Plaintiffs, v. CRANE CO., et al., Defendants, No. 2:12-
cv-00484-DCN (D.S.C.).

Linda T Dandridge, Plaintiff, is represented by John Eugene
Herrick, Esq. -- jherrick@motleyrice.com -- Motley Rice, William
Christopher Swett, Esq. -- cswett@motleyrice.com -- Motley Rice,
Benjamin David Cunningham, Esq. -- Motley Rice & V Brian Bevon,
Esq. -- Motley Rice.

Aurora Pump Company, Defendant, represented by Robert O
Meriwether, Nelson Mullins Riley and Scarborough, David Gaillard
Traylor, Jr., Nelson Mullins Riley and Scarborough & James B
Glenn, Nelson Mullins Riley and Scarborough.

Crane Co, Defendant, is represented by Richard Ashby Farrier, Jr,
Esq. -- Richard.FarrierJr@klgates.com -- K&L Gates & Christopher
Austin Jaros, Esq. -- christopher.jaros@klgates.com -- K&L Gates.

Goulds Pumps Incorporated, Defendant, represented by Moffatt Grier
McDonald, Haynsworth Sinkler Boyd, Scott E Frick, (See above for
address) & Gus Suarez, Ogletree Deakins Nash Smoak and Stewart.

Grinnell LLC, Defendant, represented by Robert O Meriwether,
Nelson Mullins Riley and Scarborough, David Gaillard Traylor, Jr.
& James B Glenn, Nelson Mullins Riley and Scarborough.

JR Clarkson Company, Defendant, represented by Robert O
Meriwether, Nelson Mullins Riley and Scarborough, David Gaillard
Traylor, Jr. & James B Glenn, Nelson Mullins Riley and
Scarborough.

Metropolitan Life Insurance Company, Defendant, represented by
Mark Hedderman Wall, Esq. -- Mark.Wall@WallTempleton.com -- Elmore
and Wall.

Milwaukee Valve Company, Defendant, represented by Steven J Pugh,
(See above for address) & Joseph E Thoensen, (See above for
address).

National Service Industries Inc, Defendant, represented by Moffatt
Grier McDonald, Haynsworth Sinkler Boyd & William David Conner,
Haynsworth Sinkler Boyd.

Uniroyal Inc, Defendant, represented by Moffatt Grier McDonald,
Haynsworth Sinkler Boyd & William David Conner, Haynsworth Sinkler
Boyd.

Henry Vogt Machine Co, Defendant, represented by Kurt Matthew
Rozelsky, Smith Moore Leatherwood & Zandra Lynn Johnson, Zandra L
Johnson Law Office.


ASBESTOS UPDATE: GM Not Entitled to Judgment in "Dennis"
--------------------------------------------------------
Defendant-Appellant General Motors Corporation appeals from the
decision of the Court of Common Pleas of Defiance County denying
its motion for summary judgment in the case captioned The case is
FAYRENE DENNIS, SURVIVING SPOUSE OF JOHNNY DENNIS, DECEASED,
PLAINTIFF-APPELLEE, v. GENERAL MOTORS CORP., ET AL., DEFENDANT-
APPELLANT, No. 4-15-09, 2016-Ohio-247.

Fayrene Dennis, as the surviving spouse of Johnny Dennis, filed a
complaint against GM and the Ohio Bureau of Workers' Compensation.
In her complaint, Fayrene alleged that Johnny was employed by GM
and was exposed to asbestos in the course of his employment.
According to Fayrene, this exposure caused Johnny to contract an
occupational disease described as lung cancer.  Johnny died on
July 22, 2003.  Fayrene alleged that she filed an application for
the payment of death benefits under the Ohio Workers' Compensation
Act, but was denied the right to participate in the Workers'
Compensation Fund for widow's benefits on April 22, 2006.

GM, in its appeal, argued that there are no genuine issues as to a
material fact and that appellee failed to follow the prescriptions
of resolution r03-1-02.

In an Opinion dated January 25, 2016, available at
http://is.gd/LAaakHfrom Leagle.com, the Court of Appeals of Ohio,
Third District, Defiance County, affirmed the judgment of the
trial court, holding that GM was not entitled to judgment as a
matter of law.

Mark S. Barnes, Esq. -- mbarnes@bugbeelawyers.com -- Bugbee &
Conkle, LLP for Appellant.

Shawn M. Acton, Esq. -- Kelly & Ferraro for Appellee.


ASBESTOS UPDATE: Police Officer's Retaliation Claim Junked
----------------------------------------------------------
Plaintiff Mark Fragale allegedly began working for Defendant
Village of Lake Villa as a police officer in 1995.  Fragale
alleges that starting in 2006 he began testing to obtain a
promotion to the rank of Sergeant.  Fragale asserts that as
recently as 2014, he was denied a promotion.  Fragale asserts that
the written test employed by the Village for promotions does not
measure the knowledge, skills, and abilities for a Sergeant
position and the test has a disparate impact on certain protected
classes of individuals.  Fragale also alleges that the Village
retaliated against him because he helped in the unionization of
police officers and because he reported alleged improper asbestos
removal.  Fragale includes in his pro se complaint a claim
alleging age discrimination, a claim, alleging discrimination
based upon color, a Title VII national origin claim, a Title VII
race discrimination claim, a Title VII religious discrimination
claim, a Title VII sex discrimination claim, and a claim brought
under the Americans with Disabilities Act alleging discrimination
based upon a disability.  Fragale further includes allegations
indicating that he is bringing retaliation claims under the ADEA,
ADA, and Title VII.  The Village now moves to dismiss certain
claims.

In a Memorandum Opinion dated January 26, 2016, which is available
at http://is.gd/yGFQPFfrom Leagle.com, Judge Samuel Der-Yeghiayan
of the United States District Court for the Northern District of
Illinois, Eastern Division, granted the partial motion to dismiss.

Judge Der-Yeghiayan ruled that Fragale failed to exhaust his
administrative remedies as to his Title VII, ADA, and ADEA
retaliation claims, therefore, the motion to dismiss the Title VII
and ADA discrimination claims, and all retaliation claims is
granted.

The case is MARK FRAGALE, Plaintiff, v. VILLAGE OF LAKE VILLA,
Defendant, No. 15 C 6294 (N.D. Ill.).

Mark Fragale, Plaintiff, Pro Se.

Village of Lake Villa, Defendant, is represented by Dominick L.
Lanzito, Esq. -- dlanzito@pjmlaw.com -- Peterson Johnson & Murray.


ASBESTOS UPDATE: 12 NY Prison Officers Dropped from Inmates' Suit
-----------------------------------------------------------------
This case arises from an electrical fire occurring at Sing Sing
Correctional Facility in the early morning hours of April 18,
2011.  Sing Sing is operated by the New York State Department of
Corrections and Community Supervision ("DOCCS").  Plaintiffs Felix
Garcia, et al., -- fourteen current and former Sing Sing inmates -
- bring civil rights claims alleging defendants Brian Fischer, et
al., all of whom hold or held positions at DOCCS or Sing Sing,
alleging that the Defendants violated the Plaintiffs' Eighth
Amendment and due process rights.

Specifically, the plaintiffs allege the defendants were
deliberately indifferent to (i) constitutionally inadequate fire
safety conditions before the fire; (ii) the plaintiffs' safety
during the fire; and (iii) the plaintiffs' serious medical needs
after the fire. Plaintiffs seek damages for these alleged
violations, as well as injunctive relief to remedy the
constitutionally inadequate fire safety conditions they claim
persist at Sing Sing to this day.

The Complaint also alleges the defendants knew there was asbestos
and lead paint in Sing Sing before April 18, 2011, and the
plaintiffs were forced to inhale these substances during the fire.
The SCAC does not allege any facts indicating which defendants
knew about these substances or how they knew.

Pending is a motion to dismiss the plaintiffs' Second Consolidated
Amended Complaint, which was made on behalf of all defendants
except defendant Candice P. Sumpter.

In an Opinion dated January 22, 2016 which is available at
http://is.gd/VXCPnyfrom Leagle.com, Judge Vincent L. Briccetti of
the United States District Court for the Southern District of New
York granted in part and denied in part the motion.

The Defendants' motion to dismiss is denied as to claims against
defendants Heath and Morris based on the failure to evacuate
plaintiffs from Housing Block A properly or in a timely manner on
April 18, 2011.  The Defendants' motion is also denied as to
claims against defendants Fischer, Capra, Keyser Jr., and Winship
for injunctive relief concerning fire safety and emergency
evacuation protocol at Sing Sing.

The Defendants' motion to dismiss is granted as to all other
claims against these six defendants, and as to all claims against
defendants Mejia, Theriault, Colon, Moss, Walsh, Mendez, Jackson,
Hausrath, Genovese, Furco, "Dr. Williams," and Nurses Doe.

Terminated from the action are defendants Emil Mejia, Anthony M.
Theriault, Valerie Colon, Richard A. Moss, Sheldon Walsh, Peter
Mendez, Kevin M. Jackson, Daniel Hausrath, Maryann Genovese,
Barbara Furco, "Dr. Williams," and Nurses Doe.

The case is FELIX GARCIA, PHILIP CALDAROLA, ELEGGUA OSUN ELUFE,
WAYNE NORRIS, JAMES JAMESON, ELMER ORTIZ, AMAURY BONILLA, ERCREY
GRANGIER, KEVIN WILLIAMS, MALUMBA KAZIGO, BRANDON HOLMES, ROLANDO
CORONADO, PAUL THOMPSON, and LAMONTE JOHNSON, Plaintiffs, v. BRIAN
FISCHER, PHILIP D. HEATH, MICHAEL A. CAPRA, WILLIAM F. KEYSER,
JR., KEVIN WINSHIP, NOEL F. MORRIS, EMIL MEJIA, ANTHONY M.
THERIAULT, VALERIE COLON, RICHARD A. MOSS, SHELDON WELSH, CANDICE
P. SUMPTER, PETER MENDEZ, KEVIN M. JACKSON, DANIEL HAUSRATH,
MARYANN GENOVESE, BARBARA FURCO, DR. WILLIAMS, and NURSES DOE,
Defendants, No. 13 CV 8196 (VB)(S.D.N.Y.).

Felix Garcia, Plaintiff, represented by Eric Peter Stephens, Esq.
-- epstephens@jonesday.com -- Jones Day.

Wayne Norris, Plaintiff, represented by Eric Peter Stephens, Jones
Day.

Kevin Williams, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

James Jameson, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

Rolando Coronado, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

Eleggua Osun Elufe, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

Elmer Ortiz, Plaintiff, represented by Eric Peter Stephens, Jones
Day.

Brandon Holmes, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

Malumba Kazigo, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

Lamonte Johnson, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

Ercrey Grangier, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

Philip Caldarola, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

Amaury Bonilla, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

Paul Thompson, Plaintiff, represented by Eric Peter Stephens,
Jones Day.

Philip D. Heath, Superintendent, Sing Sing C.F., Defendant,
represented by Richard Warren Brewster, New York State Department
of Law Litigation.

Michael A. Capra, Superintendent, Sing Sing C.F., Defendant,
represented by Richard Warren Brewster, New York State Department
of Law Litigation.

Superintendent Brian Fischer, Defendant, represented by Richard
Warren Brewster, New York State Department of Law Litigation.

Candice P. Sumpter, K-Gallery Officer, Defendant, represented by
Michael Paul, Michael Paul, Attorney At Law.

Deputy Super. William F. Keyser, Jr., Defendant, represented by
Richard Warren Brewster, New York State Department of Law
Litigation.

Kevin Winship, Defendant, represented by Richard Warren Brewster,
New York State Department of Law Litigation.

Noel F. Morris, Defendant, represented by Richard Warren Brewster,
New York State Department of Law Litigation.


ASBESTOS UPDATE: Exposure Affidavits Not Discoverable in RI Suit
----------------------------------------------------------------
Defendant CertainTeed Corporation filed a motion to compel
Plaintiffs Ralph Delmonico and Donna Delmonico to produce all
exposure affidavits executed by Ralph Delmonico.  At issue is
whether the exposure affidavits in question are protected by the
work product privilege.

In a Decision dated January 22, 2016, which is available at
http://is.gd/Z5LD82from Leagle.com, the Superior Court of Rhode
Island, PROVIDENCE, SC, denied the Defendant's motion to compel,
finding that the exposure affidavits are not discoverable in this
particular case.

The case is In Re Asbestos Litigation relating to RALPH DELMONICO
and DONNA DELMONICO, Plaintiffs, v. A.O. SMITH CORPORATION, et
al., Defendants, C.A. No. PC-14-2901 (R.I. Super.).

Vincent L. Greene, IV, Esq. -- vgreene@motleyrice.com -- Motley
Rice LLC, For Plaintiff.

R. Bart Totten, Esq. -- btotten@apslaw.com -- Adler Pollock &
Sheehan; Mark O. Denehy, . -- mdeheny@apslaw.com -- Adler Pollock
& Sheehan; Peter F. Mathieu, Esq., Lawrence G. Cetrulo, Esq. --
lcetrulo@cetllp.com ?- Cetrulo LLP; Jeffrey S. Brenner, Esq. --
jbrenner@nixonpeabody.com -- Nixon Peabody; Anthony J. Sbarra,
Esq. -- asbarra@hermesnetburn.com -- Hermes, Netburn, O'Connor &
Spearing, P.C; Andrew J. Murray; David A. Goldman, Esq. --
david@goldmanesq.com -- Law Office of David M. Goldman; James J.
McKenna; Mary C. Dunn; Jonathan F. Tabasky, Esq. --
jtabasky@mgmlaw.com -- Manion Gaynor & Manning LLP; Cassandra L.
Feeney,Esq. -- cfeeney@adlercohen.com -- Adler, Cohen, Harvey,
Wakeman and Guekguezian, L.L.P, For Defendant.


ASBESTOS UPDATE: Court Declines to Vacate Ruling in "Baumgartner"
-----------------------------------------------------------------
Plaintiffs Dennis R. and Gail L. Baumgartner filed a Motion to
Reconsider and/or Re-Argue the Court's Decision dated July 22,
2015, which granted, inter alia, summary judgment for Defendants
General Electric Co., CBS Corp./Westinghouse Electric Corp., and
Foster Wheeler, LLC.  The Plaintiffs request that the Court
revisit the Decision and vacate its judgment in whole or in part.

In a Decision dated January 22, 2016, which is available at
http://is.gd/HnVhYKfrom Leagle.com, the Superior Court of Rhode
Island, PROVIDENCE, SC, declined to reconsider or vacate the
Decision and denied the Plaintiffs' Motion.

The case is In Re: Asbestos Litigation relating to DENNIS R.
BAUMGARTNER and GAIL L. BAUMGARTNER, Plaintiffs, v. AMERICAN
STANDARD, INC., et al., Defendants, C.A. No. PC-13-4151 (R.I.
Super.).

Robert J. Sweeney, Esq.; Jeffrey S. Kanca, Esq., For Plaintiff.

Thomas W. Lyons, III, Esq. -? Strauss Factor Laing & Lyons, Bruce
W. Gladstone, Esq. -- bgladstone@cm-law.com -- Cameron & Mittleman
LLP; Mark O. Denehy, Esq . -- mdeheny@apslaw.com -- Adler Pollock
& Sheehan; Victoria M. Almeida, Esq . -- valmeida@apslaw.com --
Adler Pollock & Sheehan; Stephen T. Armato, Esq. --
sarmato@cetllp.com ?- Cetrulo LLP.; Lawrence G. Cetrulo, Esq. --
lcetrulo@cetllp.com ?- Cetrulo LLP; David A. Goldman, Esq. --
david@goldmanesq.com -- Law Office of David M. Goldman;
Christopher R. van Tienhoven, Esq.; Philip T. Newbury, Jr., Esq. -
- pnewbury@hl-law.com ?- Howd & Ludorf, LLC; R. Bart Totten, Esq.
-- btotten@apslaw.com -- Adler Pollock & Sheehan; Crystal L.
Fraser, Esq. -- clf@hksflaw.com -- Howard, Kohn, Sprague &
FitzGerald, LLP; Peter F. Mathieu, Esq.; Jeffrey M. Thomen, Esq. -
- jthomen@mccarter.com -- McCarter & English, LLP; James A.
Ruggieri, Esq. -- jruggieri@hcc-law.com -- Higgins, Cavanagh &
Cooney, LLP; Christopher R. Howe, Esq.; Kevin C. McCaffrey, Esq. -
- kmccaffrey@cullenanddykman.com -- CULLEN AND DYKMAN LLP; Todd S.
Holbrook, Esq.; Zachary Weisberg, Esq. --
zachary.weisberg@wilsonelser.com -- Wilson Elser; Timothy M.
Zabbo, Esq. -- tzabbo@adlercohen.com -- Adler, Cohen, Harvey,
Wakeman and Guekguezian, LLP; Kathryn T. Rogers, Esq. --
krogers@melicklaw.com -- Melick & Porter, LLP; Mary C. Dunn, Esq.;
Danielle J. Mahoney, Esq.; Mark Nugent, Esq. --
mnugent@morrisonmahoney.com -- MORRISON MAHONEY LLP; John B.
Manning, Esq. -- johnmanninglaw@aol.com , For Defendant.


ASBESTOS UPDATE: 7 Companies Win Summary Judgment in "Dumas"
------------------------------------------------------------
Pending before the court is U.S. Magistrate Judge Fallon's Report
and Recommendation and Objections to the Report and
Recommendation.

Judge Fallon reviewed the motions for summary judgment of
Defendants Foster Wheeler LLC, General Electric Company, Owens-
Illinois, Inc., Aurora Pump Company, Velan Valve Corporation,
Warren Pumps LLC, Electrolux Home Products, Inc., individually and
as successor to Copes-Vulcan, CBS Corporation, Ingersoll Rand
Company, Air & Liquid Systems Corporation, as successor by merger
to Buffalo Pumps, Inc., IMO Industries, Inc. and ABB, Inc., as
successor in interest to Bailey Meter, Co.. Plaintiff Arthur Dumas
opposed the Defendants' motions for summary judgment.

Judge Fallon recommended that the court grant the Defendants'
motions for summary judgment as to the following defendants:
Electrolux, ABB, Velan Valve, GE, CBS, Foster Wheeler, and Owens-
Illinois and deny summary judgment as to the following defendants:
Buffalo, Ingersoll Rand (denied-in-part), Aurora, IMO, and Warren
(denied-in-part).

In a January 26, 2016 Memorandum, available at http://is.gd/cQDrdC
and Order, available at http://is.gd/ZQPU3F,from Leagle.com,
Judge Gregory M. Sleet of the United States District Court for the
District of Delaware overruled the parties' objections and adopted
Judge Fallon's decision.

Accordingly, Judge Sleet grants the Defendants' motion for summary
judgment as to Electrolux, ABB, Velan Valve, GE, CBS, Foster
Wheeler, and Owens-Illinois and denies summary judgment as to
Buffalo, Ingersoll Rand (denied-in-part), Aurora, IMO, and Warren
(denied-in-part).  The court grants summary judgment as to
Ingersoll Rand and Warren on the issue of punitive damages, which
Dumas has failed to establish.

The case is IN RE: ASBESTOS LITIGATION relating to ARTHUR DUMAS,
Plaintiff, v. ABB GROUP, INC., et al., Defendants,Civil Action No.
13-229-GMS (D. Del.).

Arthur Dumas, Plaintiff, is represented by Elizabeth Barnes Lewis,
Esq. -- Jacobs & Crumplar, P.A., Raeann Warner, Esq. -- Jacobs &
Crumplar, P.A. & Thomas C. Crumplar, Esq. -- Jacobs & Crumplar,
P.A..

ABB Inc., Defendant, is represented by Oleh V. Bilynsky, Esq. --
ovb@obfirm.com -- O'Brien Firm.

Buffalo Pumps Inc., Defendant, is represented by Barbara Anne
Fruehauf, Esq. -- Wilbraham Lawler & Buba & Peter John Faben, Esq.
-- Wilbraham Lawler & Buba.

Crane Co., Defendant, is represented by Nicholas E. Skiles, Esq. -
- nskiles@swartzcampbell.com -- Swartz Campbell LLC.

Foster Wheeler LLC, Defendant, is represented by Beth E. Valocchi,
Esq. -- bvalocchi@swartzcampbell.com -- Swartz Campbell LLC.

General Electric Company, Defendant, is represented by Beth E.
Valocchi, Swartz Campbell LLC & Shawn Edward Martyniak, Esq. --
smartyniak@swartzcampbell.com -- Swartz Campbell LLC.

IMO Industries Inc., Defendant, is represented by Eileen M. Ford,
Esq. -- eford@moodklaw.com  -- Marks, O'Neill, O'Brien, Doherty &
Kelly, P.C. & Megan Trocki Mantzavinos, Esq. --
mmantzavinos@moodklaw.com  -- Marks, O'Neill, O'Brien, Doherty &
Kelly, P.C..

Ingersoll Rand Company, Defendant, is represented by Ana Marina
McCann, Esq. -- ammccann@mdwcg.com -- Marshall, Dennehey, Warner,
Coleman & Goggin, Armand J. Della Porta, Jr., Esq. --
ajdellaporta@mdwcg.com -- Marshall, Dennehey, Warner, Coleman &
Goggin

Owens-Illinois Inc., Defendant, is represented by Paul A. Bradley,
Esq. -- pab@maronmarvel.com -- Maron Marvel Bradley & Anderson
LLC.

Aurora Pump Company, Defendant, is represented by Paul A. Bradley,
Maron Marvel Bradley & Anderson LLC & Donald Robert Kinsley, Esq.
-- drkinsley@maronmarvel.com -- Maron Marvel Bradley & Anderson
LLC.

Velan Valve Corporation, Defendant, is represented by Donald
Robert Kinsley, Maron Marvel Bradley & Anderson LLC & Paul A.
Bradley, Maron Marvel Bradley & Anderson LLC.

Warren Pumps LLC, Individually and as successor in interest to
Quimby Pump Company, Defendant, is represented by Ana Marina
McCann, Marshall, Dennehey, Warner, Coleman & Goggin, Armand J.
Della Porta, Jr., Marshall, Dennehey, Warner, Coleman & Goggin &
Jessica Lee Tyler, Esq. -- JLTyler@mdwcg.com -- Marshall,
Dennehey, Warner, Coleman & Goggin.


ASBESTOS UPDATE: ACL Wins Summary Judgment in "Watts"
-----------------------------------------------------
Steven Watts filed an action alleging he sustained injuries as a
result of exposure to asbestos-containing products attributable to
Asbestos Corporation LTD and various other defendants.  The
Plaintiff alleges he contracted lung cancer as a result of
inhaling airborne asbestos fibers while working as a warehouse
worker at a Coca Cola factory between 1969 and 1970, serving
aboard United States Navy ships as an enlisted officer between
1970 and 1975, as an electrician at Kraco Electronics in 1974 and
as a warehouse worker for the City of Santa Anna between 1974 and
1975.

ACL filed a Motion for Summary Judgment, asserting that there is
no deposition testimony or other evidence that the Plaintiff ever
worked with or around ACL products or that ACL products were the
source of Plaintiff's alleged asbestos exposure.

In a Memorandum and Order dated January 22, 2016, which is
available at http://is.gd/dPJOi5from Leagle.com, Judge Staci M.
Yandle of the United States District Court for the Southern
District of Illinois granted ACL's Motion for Summary Judgment.
Accordingly, the action is dismissed with prejudice as to ACL.

The case is STEVEN WATTS, Plaintiff, v. 84 LUMBER COMPANY et al.,
Defendants, Case No. 14-CV-327-SMY-DGW (S.D. Ill.).

Steven Watts, Plaintiff, is represented by Eric D. Jackstadt,
Esq. -- Napoli Bern, et al., Christopher Fonville, Esq. -- Napoli
Bern et al. & Kardon Stolzman,  Esq. -- Napoli Bern et al..

Asbestos Corporation LTD., Defendant, is represented by Anthony M.
Goldner,  Esq. -- anthony.goldner@wilsonelser.com -- Wilson Elser
et al. & Karen E Bettcher,  Esq. -- karen.bettcher@wilsonelser.com
-- Wilson, Elser et al.


ASBESTOS UPDATE: Excelsior Loses Summary Judgment Bid in "Watts"
----------------------------------------------------------------
In a Memorandum and Order dated January 28, 2016, which is
available at http://is.gd/Ac4RCrfrom Leagle.com, Judge Staci M.
Yandle of the United States District Court for the Southern
District of Illinois denied the motion for summary judgment filed
by Excelsior Packing & Gaskets in the case captioned The case is
STEVEN WATTS, Plaintiff, v. 84 LUMBER COMPANY et al., Defendants,
Case No. 14-CV-327-SMY-DGW (S.D. Ill.), finding that there are
material factual issues remaining in this case.

Steven Watts brings the action alleging he sustained injuries as a
result of exposure to asbestos-containing products attributable to
Excelsior and various other defendants.  Excelsior's primary
customers were equipment manufacturers.  The asbestos gasket
material came from various suppliers.  Excelsior says it did not
know where its asbestos-containing products were being utilized or
for what purposes. However, Excelsior believes that it was not an
approved supplier of products for the Navy and never sold products
to the Navy prior to February 2, 1973.

Steven Watts, Plaintiff, is represented by Eric D. Jackstadt,
Esq. -- Napoli Bern, et al., Christopher Fonville, Esq. -- Napoli
Bern et al. & Kardon Stolzman,  Esq. -- Napoli Bern et al..

Excelsior Packing & Gaskets, Defendant, is represented by Keith B.
Hill, Esq. -- khill@heylroyster.com -- Heyl, Royster et al., Lisa
A. LaConte, Esq. -- llaconte@heylroyster.com -- Heyl, Royster et
al., James R. Grabowski, Esq. -- jgrabowski@heylroyster.com --
Heyl, Royster et al., Michael D. Schag, Esq. --
mschag@heylroyster.com -- Heyl, Royster et al. & Patrick D. Cloud,
Esq. -- pcloud@heylroyster.com -- Heyl, Royster et al.


ASBESTOS UPDATE: Goodyear Loses Summary Judgment Bid in "Watts"
---------------------------------------------------------------
Plaintiff Steven Watts brings an action alleging he sustained
injuries as a result of exposure to asbestos-containing products
attributable to Goodyear Tire & Rubber Company and various other
defendants. Pending before the Court is the Motion for Summary
Judgment filed by Goodyear.

Plaintiff's testimony with respect to Goodyear gaskets establishes
more than just minimal contact. For approximately three years, the
Plaintiff regularly maintained, repaired and installed gaskets.
Goodyear admits that it manufactured asbestos-containing gaskets.
Although Goodyear contends it ceased manufacturing asbestos-
containing gaskets in 1969, records indicate that Goodyear
products were aboard naval vessels as late as 1973.

In a Memorandum and Order dated January 28, 2016, which is
available at http://is.gd/lBCW0vfrom Leagle.com, Judge Staci M.
Yandle of the United States District Court for the Southern
District of Illinois denied Goodyear's motion for summary
judgment.

The case is STEVEN WATTS, Plaintiff, v. 84 LUMBER COMPANY et al.,
Defendants, Case No. 14-CV-327-SMY-DGW (S.D. Ill.).

Steven Watts, Plaintiff, is represented by Eric D. Jackstadt, Esq.
-- Napoli Bern, et al., Christopher Fonville, Esq. -- Napoli Bern
et al. & Kardon Stolzman,  Esq. -- Napoli Bern et al.

Goodyear Tire & Rubber Company, Defendant, represented by Kyler H.
Stevens, Esq. -- Kurowski Shultz LLC & Jerome S. Warchol, Jr.,
Esq. -- Kurowski Shultz LLC.


ASBESTOS UPDATE: "Watts" To Remain in Illinois Dist. Court
----------------------------------------------------------
In a Memorandum and Order dated January 28, 2016, which is
available at http://is.gd/mBiZU3fromLeagle.com, Judge Staci M.
Yandle of the United States District Court for the Southern
District of Illinois denied Defendant Ingersoll-Rand Company's
motion to transfer venue of the asbestos-related case captioned
STEVEN WATTS, Plaintiff, v. 84 LUMBER COMPANY et al., Defendants,
Case No. 14-CV-327-SMY-DGW (S.D. Ill.), to the United States
District Court for the District of Alaska.

Judge Yandle held that although the Defendants argue that
convenience and the "interest of justice" dictate transferring the
action to Alaska, other than Defendants' conclusory assertions and
suppositions, there has been no showing that any witnesses or
evidence are unavailable for trial in this district.  Nor do
Defendants claim that the reasons for which they now seek transfer
have arisen only recently, and were not present from the beginning
of the case, Judge Yandle further held.

The Court finds the Defendants' arguments particularly dubious
given the length of time the case has been pending and the
upcoming February 22, 2016, trial date.

This Court has become familiar with this litigation over the last
22 months and, as such, is in a better position to handle the case
through trial in an expeditious and cost-sensitive manner than the
District Court in Alaska, Judge Yandle ruled.

Steven Watts, Plaintiff, is represented by Eric D. Jackstadt, Esq.
-- Napoli Bern, et al., Christopher Fonville, Esq. -- Napoli Bern
et al. & Kardon Stolzman,  Esq. -- Napoli Bern et al.

Borgwarner Morse Tec, Inc., Defendant, is represented by Donald W.
Ward, Esq. -- dww@herzogcrebs.com -- Herzog Crebs LLP, MO, Gary L.
Smith, Esq. -- gls@herzogcrebs.com -- Herzog Crebs LLP/AC, James
D. Maschhoff, Esq. -- jdm@herzogcrebs.com -- Herzog Crebs LLP,
Mary Ann Hatch, Esq. -- mahw@herzogcrebs.com -- Herzog, Crebs et
al. & Mordecai D. Boone, Esq. -- mordecai.boone@dentons.com --
Dentons US, LLP.

Ingersoll-Rand Company, Defendant, is represented by Benjamin J.
Wilson, Esq. -- bwilson@heplerbroom.com -- HeplerBroom LLC, Carl
J. Geraci, Esq. -- cgeraci@heplerbroom.com -- HeplerBroom LLC,
Deborah St. Lawrence Thompson, Esq. --
dstlawrence@milesstockbridge.com -- Miles & Stockbridge PC,
Michael J Chessler, Esq. -- mchessler@heplerbroom.com --
HeplerBroom LLC & Robert H. Sands, Esq. -- rsands@heplerbroom.com
-- HeplerBroom LLC.


ASBESTOS UPDATE: All Parties in "Watts" Must Attend Conference
--------------------------------------------------------------
In an Order dated January 22, 2016, which is available at
http://is.gd/bVUfhxfrom Leagle.com, Magistrate Judge Donald G.
Wilkerson of the United States District Court for the Southern
District of Illinois denied the Motions to Continue and/or be
Excused from Attending the Settlement Conference filed by Georgia
Pacific, LLC, Ingersoll-Rand Company, Trane US, Inc., Borgwarner
Morse Tec, Inc., Excelsior Packing & Gaskets, Viking Pumps, Inc.,
and Borgwarner Morse Tec., Inc.

According to Magistrate Wilkerson, all parties who have not been
dismissed from this lawsuit are expected to appear consistent with
the Notice of Settlement Conference.

The case is STEVEN WATTS, Plaintiff, v. 84 LUMBER COMPANY et al.,
Defendants, Case No. 14-CV-327-SMY-DGW (S.D. Ill.).

Steven Watts, Plaintiff, is represented by Eric D. Jackstadt,
Esq. -- Napoli Bern, et al., Christopher Fonville, Esq. -- Napoli
Bern et al. & Kardon Stolzman,  Esq. -- Napoli Bern et al.

Borgwarner Morse Tec, Inc., Defendant, is represented by Donald W.
Ward, Esq. -- dww@herzogcrebs.com -- Herzog Crebs LLP, MO, Gary L.
Smith, Esq. -- gls@herzogcrebs.com -- Herzog Crebs LLP/AC, James
D. Maschhoff, Esq. -- jdm@herzogcrebs.com -- Herzog Crebs LLP,
Mary Ann Hatch, Esq. -- mahw@herzogcrebs.com -- Herzog, Crebs et
al. & Mordecai D. Boone, Esq. -- mordecai.boone@dentons.com --
Dentons US, LLP.

Ingersoll-Rand Company, Defendant, is represented by Benjamin J.
Wilson, Esq. -- bwilson@heplerbroom.com -- HeplerBroom LLC, Carl
J. Geraci, Esq. -- cgeraci@heplerbroom.com -- HeplerBroom LLC,
Deborah St. Lawrence Thompson, Esq. --
dstlawrence@milesstockbridge.com -- Miles & Stockbridge PC,
Michael J Chessler, Esq. -- mchessler@heplerbroom.com --
HeplerBroom LLC & Robert H. Sands, Esq. -- rsands@heplerbroom.com
-- HeplerBroom LLC.

Georgia Pacific, LLC, Defendant, represented by Benjamin J.
Wilson, HeplerBroom LLC, Carl J. Geraci, HeplerBroom LLC & Michael
J Chessler, HeplerBroom LLC.

Trane US, Inc., Defendant, represented by Benjamin J. Wilson,
HeplerBroom LLC, Carl J. Geraci, HeplerBroom LLC & Michael J
Chessler, HeplerBroom LLC.

Excelsior Packing & Gaskets, Defendant, is represented by Keith B.
Hill, Esq. -- khill@heylroyster.com -- Heyl, Royster et al., Lisa
A. LaConte, Esq. -- llaconte@heylroyster.com -- Heyl, Royster et
al., James R. Grabowski, Esq. -- jgrabowski@heylroyster.com --
Heyl, Royster et al., Michael D. Schag, Esq. --
mschag@heylroyster.com -- Heyl, Royster et al. & Patrick D. Cloud,
Esq. -- pcloud@heylroyster.com -- Heyl, Royster et al..

Viking Pumps, Inc., Defendant, represented by Keith B. Hill, Heyl,
Royster et al., James R. Grabowski, Heyl, Royster et al., Michael
D. Schag, Heyl, Royster et al. & Patrick D. Cloud, Heyl, Royster
et al.


ASBESTOS UPDATE: Widow Loses Service Connection Appeal
------------------------------------------------------
Claimant-Appellant Glenna F. Wright, widow of U.S. Army Veteran
Glen A. Wright, Sr., appeals the July 22, 2014 ruling of the
United States Court of Appeals for Veterans Claims affirming the
decision of the Board of Veterans' Appeals denying him service
connection for his respiratory illness.

In a Decision dated January 29, 2016, which is available at
http://is.gd/zsB4P4from Leagle.com, the United States Court of
Appeals, Federal Circuit, affirmed the decision of the Court of
Veterans Claims.

The case is GLENNA F. WRIGHT, (SUBSTITUTED FOR GLEN A. WRIGHT,
SR.), Claimant-Appellant, v. ROBERT A. McDONALD, SECRETARY OF
VETERANS AFFAIRS, Respondent-Appellee, No. 2014-7133.

Maxwell Douglas Kinman, Esq. -- Alexander, Webb, and Kinman,
Mason, OH, for claimant-appellant.


ASBESTOS UPDATE: Toro Co. Continues to Defend Claims
----------------------------------------------------
Toro Company continues to be a subject to litigation and
administrative and judicial proceedings with respect to claims
involving asbestos and the discharge of hazardous substances into
the environment, according to the Company's 10-K filing with the
U.S. Securities and Exchange Commission for the fiscal year ended
October 31, 2015.

The company is party to litigation in the ordinary course of
business. Such matters are generally subject to uncertainties and
to outcomes that are not predictable with assurance and that may
not be known for extended periods of time. Litigation occasionally
involves claims for punitive, as well as compensatory, damages
arising out of the use of the company's products. Although the
company is self-insured to some extent, the company maintains
insurance against certain product liability losses. The company is
also subject to litigation and administrative and judicial
proceedings with respect to claims involving asbestos and the
discharge of hazardous substances into the environment. Some of
these claims assert damages and liability for personal injury,
remedial investigations or clean up and other costs and damages.

The Toro Company (Toro) designs, manufactures, and markets
professional turf maintenance equipment and services, turf
irrigation systems, agricultural micro-irrigation systems,
landscaping equipment and lighting, and residential yard and snow
removal products. The Company operates in three business segments:
Professional, Residential and Distribution. Its products are
advertised and sold at the retail level under the names of Toro,
Exmark, Irritrol, Hayter, Unique Lighting Systems, Pope, Lawn-Boy
and Lawn Genie. In October 2013, the Company acquired Xiamen
Xiangfeng Water Saving Equipment Co., Ltd. It also operates the
BOSS(R) professional snow and ice management business. The Company
also offers the Exmark Vantage X-Series stand-on mower.


ASBESTOS UPDATE: Sears Holding Continue to Face Investigations
--------------------------------------------------------------
Sears Holding Corp. continues to be a subject to various legal and
governmental proceedings and investigations that may contain
environmental and asbestos exposure allegations, according to the
Company's Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended October 31, 2015.

The Company states "We are subject to various other legal and
governmental proceedings and investigations, including some
involving the practices and procedures in our more highly
regulated businesses. Some matters contain class action
allegations, environmental and asbestos exposure allegations and
other consumer-based, regulatory or qui tam claims, each of which
may seek compensatory, punitive or treble damage claims
(potentially in large amounts), as well as other ypes of relief.
Additionally, some of these claims or actions, such as the qui tam
claims, have the potential for significant statutory penalties."

                           About Sears

Sears Holdings Corporation (NASDAQ: SHLD) --
http://www.searsholdings.com/-- is an integrated retailer focused
on seamlessly connecting the digital and physical shopping
experiences to serve members.  Sears Holdings is home to Shop Your
Waytm, a social shopping platform offering members rewards for
shopping at Sears and Kmart as well as with other retail partners
across categories important to them.

The Company operates through its subsidiaries, including Sears,
Roebuck and Co. and Kmart Corporation, with more than 2,000 full-
line and specialty retail stores in the United States and Canada.

Kmart Corporation and 37 of its U.S. subsidiaries filed voluntary
Chapter 11 petitions (Bankr. N.D. Ill. Lead Case No. 02-02474) on
Jan. 22, 2002.  Kmart emerged from chapter 11 protection on May 6,
2003, pursuant to the terms of an Amended Joint Plan of
Reorganization.  Skadden, Arps, Slate, Meagher & Flom, LLP,
represented Kmart in its restructuring efforts.  Its balance sheet
showed $16,287,000,000 in assets and $10,348,000,000 in debts when
it sought chapter 11 protection.

Kmart bought Sears, Roebuck & Co., for $11 billion to create the
third-largest U.S. retailer, behind Wal-Mart and Target, and
generate $55 billion in annual revenues.  Kmart completed its
merger with Sears on March 24, 2005.

For the year ended Jan. 31, 2015, the Company reported a net loss
attributable to Holdings' shareholders of $1.68 billion compared
to a net loss attributable to Holdings' shareholders of $1.36
billion for the year ended Feb. 1, 2014.  As of May 2, 2015, Sears
Holdings had $13.3 billion in total assets, $14.5 billion in total
liabilities, and a $1.20 billion total deficit.


ASBESTOS UPDATE: Deere & Co. Still Has Product Liability Suits
--------------------------------------------------------------
Deere & Company, including its subsidiaries, continue to face
various unresolved legal actions, the most prevalent of which
relate to product liability, including asbestos-related liability,
according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
October 31, 2015.

John Deere is subject to various unresolved legal actions, which
arise in the normal course of its business, the most prevalent of
which relate to product liability (including asbestos-related
liability), retail credit, employment, software licensing, patent,
trademark and environmental matters.  John Deere believes the
reasonably possible range of employment, losses for these
unresolved legal actions in addition to the amounts accrued would
not have a material effect on its financial statements.

Headquartered in Moline, Ill., Deere & Company's equipment
operations generate revenues and cash primarily from the sale of
equipment to John Deere dealers and distributors.  The equipment
operations manufacture and distribute agricultural equipment;
commercial, consumer and landscapes equipment and products; and
equipment for construction and forestry.


ASBESTOS UPDATE: Joy Global Has 3,512 Product Liability Suits
-------------------------------------------------------------
Joy Global Inc. continues to face approximately 3,512 asbestos and
silica related cases, according to the Company's Form 10-K filing
with the U.S. Securities and Exchange Commission for the fiscal
year ended October 30, 2015.

The Company states: "We and our subsidiaries are involved in
various unresolved legal matters that arise in the ordinary course
of operations, the most prevalent of which relate to product
liability (including approximately 3,512 asbestos and silica
related cases), employment and commercial matters. We and our
subsidiaries also become involved from time to time in proceedings
relating to environmental matters and litigation arising outside
the ordinary course of business."

Joy Global Inc., is a manufacturer and servicer of high
productivity mining equipment for the extraction of coal and other
minerals and ores. The Company manufactures and market original
equipment and aftermarket parts and services for both underground
and surface mining and certain industrial applications. The
Company's equipment is used in major mining regions throughout the
world to mine coal, copper, iron ore, oil sands, gold and other
minerals. The Company operates in two business segments:
Underground Mining Machinery and Surface Mining Equipment. The
Company is a manufacturer of underground mining machinery for the
extraction of coal and other bedded minerals and offer service
locations near major mining regions worldwide. The Company is a
major producer of surface mining equipment for the extraction of
ores and minerals and provides extensive operational support for
many types of equipment used in surface mining.


ASBESTOS UPDATE: CMCO Still Seeks Dismissal from Magnetek Suits
---------------------------------------------------------------
Columbus Mckinnon Corp. continues to seek dismissal from the
asbestos-related lawsuits associated with Magnetek, Inc.'s
previously acquired business operations, according to the
Company's Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended December 31, 2015.

Magnetek has been named, along with multiple other defendants, in
asbestos-related lawsuits associated with business operations
previously acquired but which are no longer owned. During
Magnetek's ownership, none of the businesses produced or sold
asbestos-containing products. For such claims, Magnetek is
uninsured and either contractually indemnified against liability,
or contractually obligated to defend and indemnify the purchaser
of these former business operations.  The Company aggressively
seeks dismissal from these proceedings. Based on actuarial
information, the asbestos related liability including legal costs
is estimated to be approximately $1,491,000 which has been
reflected as a liability in the consolidated financial statements
at December 31, 2015.

Columbus McKinnon Corporation is a global designer, manufacturer
and marketer of hoists, rigging tools, cranes, actuators, and
other material handling products serving a range of commercial and
industrial end user markets.  The products include a range of
electric, lever, hand and air-powered hoists, hoist trolleys,
winches, industrial crane systems such as bridge, gantry and jib
cranes; alloy and carbon steel chain; closed-die forged
attachments, such as hooks, shackles, textile slings, clamps,
logging tools and load binders; industrial components, such as
mechanical and electromechanical actuators and rotary unions;
below-the-hook special purpose lifters; tire shredders; and light-
rail systems.  The diverse end users of the products are in a
range of industries, including manufacturing, power generation and
distribution, utilities, wind power, warehouses, commercial
construction, oil exploration and refining, among others.


ASBESTOS UPDATE: CMCO Has $6.8MM Liability at Dec. 31
-----------------------------------------------------
Columbus Mckinnon Corp. continues to seek dismissal from the
asbestos-related lawsuits associated with Magnetek, Inc.'s
previously acquired business operations, according to Columbus'
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarterly period ended December 31, 2015.

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

"Based on actuarial information, the Company has estimated its
asbestos-related aggregate liability including related legal costs
to range between $5,400,000 and $8,300,000 using actuarial
parameters of continued claims for a period of 37 years from
December 31, 2015.  The Company's estimation of its asbestos-
related aggregate liability that is probable and estimable, in
accordance with U.S. generally accepted accounting principles
approximates $6,886,000, which has been reflected as a liability
in the consolidated financial statements as of December 31, 2015.
The recorded liability does not consider the impact of any
potential favorable federal legislation. This liability will
fluctuate based on the uncertainty in the number of future claims
that will be filed and the cost to resolve those claims, which may
be influenced by a number of factors, including the outcome of the
ongoing broad-based settlement negotiations, defensive strategies,
and the cost to resolve claims outside the broad-based settlement
program. Of this amount, management expects to incur asbestos
liability payments of approximately $2,000,000 over the next 12
months. Because payment of the liability is likely to extend over
many years, management believes that the potential additional
costs for claims will not have a material effect on the financial
condition of the Company or its liquidity, although the effect of
any future liabilities recorded could be material to earnings in a
future period."

Columbus McKinnon Corporation is a global designer, manufacturer
and marketer of hoists, rigging tools, cranes, actuators, and
other material handling products serving a range of commercial and
industrial end user markets.  The products include a range of
electric, lever, hand and air-powered hoists, hoist trolleys,
winches, industrial crane systems such as bridge, gantry and jib
cranes; alloy and carbon steel chain; closed-die forged
attachments, such as hooks, shackles, textile slings, clamps,
logging tools and load binders; industrial components, such as
mechanical and electromechanical actuators and rotary unions;
below-the-hook special purpose lifters; tire shredders; and light-
rail systems.  The diverse end users of the products are in a
range of industries, including manufacturing, power generation and
distribution, utilities, wind power, warehouses, commercial
construction, oil exploration and refining, among others.


ASBESTOS UPDATE: Fund Set Up to Resolve Grinnell Liabilities
------------------------------------------------------------
A fund was established for the resolution of Grinnell LLC's
asbestos liabilities, according to Tyco International plc's Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarterly period ended December 25, 2015.

The Company and certain of its subsidiaries, including Grinnell
LLC ("Grinnell"), along with numerous other third parties, are
named as defendants in personal injury lawsuits based on alleged
exposure to asbestos containing materials. Substantially all cases
pending against affiliates of the Company have been filed against
Grinnell, and have typically involved product liability claims
based primarily on allegations of manufacture, sale or
distribution of industrial products that either contained asbestos
or were used with asbestos containing components.

During the third quarter of fiscal 2014, the Company, through
Grinnell, resolved disputes with certain of its historical
insurers and agreed that certain insurance proceeds would be used
to establish and fund a qualified settlement fund ("QSF"), within
the meaning of the Internal Revenue Code, which would be used for
the resolution primarily of Grinnell asbestos liabilities. It is
intended that the QSF will receive future insurance payments and
proceeds from third party insurers and, in addition, will fund and
manage liabilities for certain historical operations of the
Company, primarily related to Grinnell. On January 9, 2015, the
Company completed a series of restructuring transactions related
to the establishment and funding of a dedicated structure pursuant
to which a subsidiary of the Company acquired the assets of
Grinnell and transferred cash and other assets totaling
approximately $278 million (not including $22 million received by
the QSF during the quarter ended December 26, 2014 from historic
third-party insurers in settlement of coverage disputes) to the
structure. As part of the restructuring, subsidiaries in the
structure assumed certain liabilities related to historic
Grinnell, Scott and Figgie operations, including all historical
Grinnell asbestos liabilities, and such subsidiaries purchased
additional insurance by, through or from a wholly-owned subsidiary
in the structure in order to supplement and enhance existing
insurance assets.

The Company consolidates the qualified settlement fund and related
entities that were established for the purpose of managing and
resolving the liabilities. Although the entities in the dedicated
structure serve the specific purpose of managing certain
liabilities, each entity in the structure is a wholly-owned
indirect subsidiary of the Company, and therefore is required to
be consolidated under GAAP.

Based in Cork, Ireland, Tyco International plc is a global
provider of security products and services, fire detection and
suppression products and services and life safety products.  Its
broad portfolio of products and services, sold under well-known
brands such as Tyco, SimplexGrinnell, Sensormatic, Wormald, Ansul,
Simplex, Scott and ADT (other than the U.S., Canada and Korea)
serve security, fire detection and suppression and life safety
needs across commercial, industrial, retail, small business,
institutional and governmental markets, as well as non-U.S.
residential markets.


ASBESTOS UPDATE: Tyco Int'l Had 3,100 Claims Pending at Dec. 25
---------------------------------------------------------------
There were approximately 3,100 claims pending against Tyco
International plc's subsidiaries, including Grinnell LLC,
according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
December 25, 2015.

As of December 25, 2015, the Company has determined that there
were approximately 3,100 claims pending against its subsidiaries,
primarily Grinnell. This amount reflects the Company's current
estimate of the number of viable claims made against Grinnell and
includes adjustments for claims that are not actively being
prosecuted, identify incorrect defendants, are duplicative of
other actions or for which the Company is indemnified by third
parties. Yarway Corporation is no longer a subsidiary of the
Company and, as of August 2015, is no longer consolidated.
Consequently, any claims pending against the Yarway Corporation
are excluded from the claims.

Based in Cork, Ireland, Tyco International plc is a global
provider of security products and services, fire detection and
suppression products and services and life safety products.  Its
broad portfolio of products and services, sold under well-known
brands such as Tyco, SimplexGrinnell, Sensormatic, Wormald, Ansul,
Simplex, Scott and ADT (other than the U.S., Canada and Korea)
serve security, fire detection and suppression and life safety
needs across commercial, industrial, retail, small business,
institutional and governmental markets, as well as non-U.S.
residential markets.


ASBESTOS UPDATE: Tyco Int'l Had $27MM Liability at Dec. 25
----------------------------------------------------------
Tyco International plc's estimated asbestos-related net liability
was $27 million, according to the Company's Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarterly
period ended December 25, 2015.

As of December 25, 2015, the Company's estimated asbestos related
net liability recorded within the Company's Consolidated Balance
Sheet is $27 million. The net liability within the Consolidated
Balance Sheet is comprised of a liability for pending and future
claims and related defense costs of $508 million, of which $19
million is recorded in Accrued and other current liabilities, and
$489 million is recorded in Other liabilities. The Company also
maintains separate cash, investment and other assets within the
Consolidated Balance Sheet of $481 million, of which $44 million
is recorded in Prepaid expenses and other current assets, and $437
million is recorded in Other assets. Assets include $6 million of
cash and $267 million of investments, which have all been
designated as restricted. As of September 25, 2015, the Company's
estimated net liability recorded within the Company's Consolidated
Balance Sheet was $28 million. The net liability was comprised of
a liability for pending and future claims and related defense
costs of $515 million, of which $23 million was recorded in
Accrued and other current liabilities, and $492 million was
recorded in Other liabilities. The Company also maintained
separate cash, investment and other assets within the Consolidated
Balance Sheet of $487 million, of which $38 million was recorded
in Prepaid expenses and other current assets, and $449 million was
recorded in Other assets. Assets included $11 million of cash and
$263 million of investments, which were all designated as
restricted.

The Company periodically assesses the sufficiency of its estimated
liability for pending and future asbestos claims and defense
costs. On a periodic basis, the Company, through the dedicated
structure referred to above, evaluates actual experience regarding
asbestos claims filed, settled and dismissed, amounts paid in
settlements, and the recoverability of its insurance assets. If
and when data from actual experience demonstrate a significant
unfavorable discernible trend, the Company performs a valuation of
its asbestos related liabilities and corresponding insurance
assets including a comprehensive review of the underlying
assumptions. In addition, the Company evaluates its ability to
reasonably estimate claim activity beyond its current look-forward
period (through 2056) in order to assess whether such period
continues to be appropriate. In addition to claims and litigation
experience, the Company considers additional qualitative and
quantitative factors such as changes in legislation, the legal
environment, the Company's strategy in managing claims and
obtaining insurance, including its defense strategy, and health
related trends in the overall population of individuals
potentially exposed to asbestos. The Company evaluates all of
these factors and determines whether a change in the estimate of
its liability for pending and future claims and defense costs or
insurance assets is warranted.

The amounts recorded by the Company for asbestos-related
liabilities and insurance-related assets are based on the
Company's strategies for resolving its asbestos claims, currently
available information, and a number of estimates and assumptions.
Key variables and assumptions include the number and type of new
claims that are filed each year, the average cost of resolution of
claims, the identity of defendants, the resolution of coverage
issues with insurance carriers, amount of insurance, and the
solvency risk with respect to the Company's insurance carriers.
Many of these factors are closely linked, such that a change in
one variable or assumption will impact one or more of the others,
and no single variable or assumption predominately influences the
determination of the Company's asbestos-related liabilities and
insurance-related assets. Furthermore, predictions with respect to
these variables are subject to greater uncertainty in the later
portion of the projection period. Other factors that may affect
the Company's liability and cash payments for asbestos-related
matters include uncertainties surrounding the litigation process
from jurisdiction to jurisdiction and from case to case, reforms
of state or federal tort legislation and the applicability of
insurance policies among subsidiaries. As a result, actual
liabilities or insurance recoveries could be significantly higher
or lower than those recorded if assumptions used in the Company's
calculations vary significantly from actual results.

Based in Cork, Ireland, Tyco International plc is a global
provider of security products and services, fire detection and
suppression products and services and life safety products.  Its
broad portfolio of products and services, sold under well-known
brands such as Tyco, SimplexGrinnell, Sensormatic, Wormald, Ansul,
Simplex, Scott and ADT (other than the U.S., Canada and Korea)
serve security, fire detection and suppression and life safety
needs across commercial, industrial, retail, small business,
institutional and governmental markets, as well as non-U.S.
residential markets.



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S U B S C R I P T I O N  I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by
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Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo,
Christopher G. Patalinghug, and Peter A. Chapman, Editors.

Copyright 2016. All rights reserved. ISSN 1525-2272.

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