/raid1/www/Hosts/bankrupt/CAR_Public/160429.mbx
C L A S S A C T I O N R E P O R T E R
Friday, April 29, 2016, Vol. 18, No. 86
Headlines
21ST CENTURY: "Benzion" Suit removed to S.D. Fla.
579732 BC: Recalls Ross Chocolate Bars Due to Milk
579732 BC: Expands Ross Chocolate Bar Recall
AARON EXPRESS: Faces "Christophe" Suit Seeking OT Pay Under FLSA
ABBOTT LABORATORIES: Recalls CELL-DYN Emerald Analyzer System
ABBOTT MOLECULAR: Recalls FISH Probe Kit Due to Noncompliance
AGT CLIC: Recalls Artichoke Products
ALAN'S RE: "Sanchez" Seeks Overtime Compensation
ALPHA MEAT: Recalls Ground Beef Products
APPLE INC: Court Wants Suit Over iPhone 5 Data Consumption Revised
ARCHER TRUCKING: Faces Class Action Over Unpaid Overtime Wages
BEAUTY CAREER'S: "Sierra" Suit to Recover Unpaid Back Wages
BLACK DIAMOND: Recalls Nylon Runners Due to Fall Risk
BMW: Recalls 7 Series 2016 Models Due to Defective Airbag
BOIRON CANADA: Recalls Stodal Cough and Cold Syrup
BON APPETIT: "Nijmeh" Suit Seeks to Recover Rest Period Premium
CABLEVISION: Settles Cable Box Class Action, Sept. 12 Hearing Set
CANADA: Toronto 2010 G20 Summit Class Actions Can Proceed
CARGO MATE: Recalls 2013 and 2007 Trailers Due to Crash Risk
CHESAPEAKE ENERGY: "Van Meter" Sues over Anti-Trust Violations
CHEVRON CORP: "McQueen" Suit to Seeks Recover Overtime Pay
CHIPOTLE MEXICAN: Court Rules on Bid to Exclude Expert Testimony
COHEN & SLAMOWITZ: Court Denies Bid for Sanctions in "Hallmark"
CR ENGLAND: "Gradie" Seeks OT, Minimum Pay, Deductions
CORPORATE TRANSIT: "Velasquez" Suit Seeks Back Pay, OT, Damages
DESTINATURE INC: Recalls Liquorice Chili Energy Bars
DIAMOND PET: Set to Commence Pet Food Settlement Payouts
DOALL COMPANY: Responsive Pleading Due Today in "Stocks" Suit
DODGE: Recalls Grand Caravan and Durango 2015 Models
DOLAR SHOP: "Li" Suit Seeks OT, Spread of Hours, Minimum Pay
DOMETIC: To Vigorously Defend Refrigerator Class Action
DUKE ENERGY: "Bowser" Suit Seeks Unpaid OT Wages Under FLSA
FORD: Recalls Explorer 2016 and MKC 2015
FORD: Recalls F750 2015 and F650 2015 Models
FRASER VALLEY: Recalls Ground Beef Products Due to E. Coli
FT ZUMWALT: Faces Class Action Over Locker Room Videotapes
GENPACT SERVICES: Faces "Mahfood" Suit in Eastern Dist. New York
HAMTRAMCK, MI: Court Denies Class Cert. Bid in "Serafino" Suit
HMG PARK: Faces Texas Lawsuit Seeking Overtime Pay Under FLSA
HOSPIRA INC: Recalls Plum A+ Infusion Pumps
JAGUAR: Recalls XF 2010 Models Due to Fire Hazard
JOHNS HOPKINS: More Info Needed from Women in Levy Settlement
KO HUTS: Court Sends "Tiffany" Wages Suit to Arbitration
LA CANASTA: Faces "Bermudez" Suit for FLSA Violation
MANHATTAN GROUP: Recalls Table Top Toy Due to Choking Hazard
MEATING PLACE: Recalls Ground Beef Products Due to E. Coli
METROPOLITAN LIFE: Final Settlement Approval Affirmed
MR DELI: "Pacheco" Suit Seeks to Recover Overtime, Minimum Pay
MY BELLY'S: Faces N.Y. Suit Seeking OT Pay Under FLSA, N.Y. Law
MY LIMOUSINE: Faces "Culmone" Suit Alleging FLSA Violation
NAT'L FOOTBALL: Concussion Settlement Faces Objections
NIKE INC: "Taylor" Files Fraud Class Action
OXY RECKITT: ACCEH Holds Meeting to Discuss Class Action
P.F. CHANG'S: 7th Cir. Revives "Lewert" Suit Over Data Breach
PHH MORTGAGE: Must Face Racketeering Class Action, Judge Rules
PHILIPPINES: Faces Class Action Over Voters' Personal Data Hack
PILGRIM'S PRIDE: Recalls Fully Cooked Chicken Products
PORSCHE: Recalls Cayenne 2011 Models Due to Crash Risk
PPG INDUSTRIES: Settlement Fairness Hearing Set for July 20
PREMIER NUTRITION: California Consumers Class Certified for Now
RAM: Recalls 1500 2015 Models Due to Crash Risk
RE SPEC CORP: "Muniz" Suit Seeks Overtime Pay Under FLSA
SALEM BROTHERS: Recalls Pistachio & Nuts Due to Sesame Seed
SHIPCOM WIRELESS: Faces Suit in Tex. Over Right to COBRA Coverage
SKI-DOO: Recalls EXPEDITION SE 2011 Models Due to Injury Risk
SP AUSNET: Bushfire Victims Balk at Law Firm Over Payout Delays
SP AUSNET: Bushfire Survivor Says Law Firm Must Put People First
STAPLES PROMOTIONAL: Recalls Power Banks Due to Fire Hazard
STRYKER NEUROVASCULAR: Recalls GDC-Guglielmi Detachable Coil
SYNTER RESOURCE: "Orzel" Sues Over Illegal Collection Practices
TRANSILVANIA TRADING: Recalls Orange and Raspberry Sticks
TRIAD GUARANTY: Court OKs "Phillips" Settlement, Allocation Plan
UNITED SERVICES: Holmes References 5 Cases in Sanction Order
UNITED STATES: FAA Faces Hiring Discrimination Class Action
VIZIO INC: "Walsh" Sues Over Illegal Data Gathering
VOLKSWAGEN: Recalls Passat 2012 Models
VOLKSWAGEN AG: Attorney Urges EU Customers to Join Emissions Suit
WPP GROUP: "Kuntzmann" Sues Over Illegal Data Gathering
* Tel Aviv Pub Fined Over Failure to Post No Smoking Signs
Asbestos Litigation
ASBESTOS UPDATE: Bid to Junk Law Firm's Suit Partially OK'd
ASBESTOS UPDATE: John Crane Amicus Curiae Brief Accepted
ASBESTOS UPDATE: CBS Can File Amicus Curiae Brief in "Dummitt"
ASBESTOS UPDATE: CBS Can File Amicus Curiae Brief in "Suttner"
ASBESTOS UPDATE: Court Allows Travelers to Modify 3rd-Party Suit
ASBESTOS UPDATE: Injury Suit vs. D/C Remanded to State Court
ASBESTOS UPDATE: Safeco Wins Summary Judgment in PD Suit
ASBESTOS UPDATE: Bid to Exclude Gov't Expert Testimony Denied
ASBESTOS UPDATE: Honeywell Wins Partial Summary Judgment
ASBESTOS UPDATE: Couple Wins Bid for New Trial as to Pneumo Abex
ASBESTOS UPDATE: BASF Win Partial Dismissal of "Viera"
ASBESTOS UPDATE: BASF, et al., Lose Bid to Dismiss "Williams"
ASBESTOS UPDATE: Veteran's Entitlement Claims Appeal Junked
ASBESTOS UPDATE: Court Remands Martin Franchises's Suit
ASBESTOS UPDATE: 6 Cos. Win Summary Judgment in "McCourt"
ASBESTOS UPDATE: Denial of Boyd's Disability Award Affirmed
ASBESTOS UPDATE: Court Directs Retrial of Former Salesman's Suit
ASBESTOS UPDATE: Liberty Insurance Wins Partial Summary Judgment
ASBESTOS UPDATE: Caterpillar Continues to Face Asbestos Actions
ASBESTOS UPDATE: CBS Faces 36,030 Pending Claims at Dec. 31
ASBESTOS UPDATE: Court Dismisses Objections on Travelers Lawsuit
ASBESTOS UPDATE: Corning Faces 11,800 PCC Claims at Dec. 31
ASBESTOS UPDATE: Corning Has 9,700 Non-PCC Claims at Dec. 31
ASBESTOS UPDATE: Dow Chemical Unit Continues to Defend PI Suits
ASBESTOS UPDATE: Union Carbide Has $437MM Liability at Dec. 31
ASBESTOS UPDATE: FirstEnergy Still Faces Pending Asbestos Actions
ASBESTOS UPDATE: Ingersoll-Rand Units Still Face Lawsuits
ASBESTOS UPDATE: Lennox Spent $3MM for Litigation at Dec. 31
ASBESTOS UPDATE: Navigators Has $1.1MM Benefit at Dec. 31
ASBESTOS UPDATE: Newmarket Continues to Face PI Suits at Dec. 31
ASBESTOS UPDATE: OII Records $225MM Charge to Up Liability
ASBESTOS UPDATE: Union Carbide Continues to Face PI Suits
ASBESTOS UPDATE: Scotts Miracle Continues to Defend PI Suits
ASBESTOS UPDATE: CSRA Retains Indemnities for DynCorp Suits
ASBESTOS UPDATE: Tests Find Asbestos in Melbourne Wall Debris
ASBESTOS UPDATE: Health Board At Financial Risk from Asbestos
ASBESTOS UPDATE: Former Colleagues Help Dying Shipyard Worker
ASBESTOS UPDATE: Orlando Fire Dept., City May Be Fined
ASBESTOS UPDATE: Imports on Rise, Families Call for Total Ban
ASBESTOS UPDATE: Ariz. Jury Awards $17MM to Navy Civilian Worker
ASBESTOS UPDATE: Retired Carpenter Dies of Lung Cancer
ASBESTOS UPDATE: New Hampshire City Kept in Dark on Probe
ASBESTOS UPDATE: Asbestos Found in Two FEMA Buyout Homes
ASBESTOS UPDATE: Steelworker's Mum Dies of 2nd-Hand Exposure
ASBESTOS UPDATE: Widow Sues Following Husband's Death
ASBESTOS UPDATE: Ohio Court Looking for Heirs in $2MM Payout
*********
21ST CENTURY: "Benzion" Suit removed to S.D. Fla.
-------------------------------------------------
Matthew Benzion, individually, and on behalf of all others
similarly situated, Plaintiff, v. 21st Century Oncology, LLC,
Defendants, Case No. 502016CA002970XXXXMB (15th Judicial Circuit,
April 18, 2016), was removed to the U.S. District Court for the
Southern District of Florida (West Palm Beach) under Case No.:
9:16-cv-80597-WJZ on April 19, 2016.
21st Century Oncology provides state-of-the-art radiation therapy
and integrated cancer treatments.
The Plaintiff is represented by:
Joshua Harris Eggnatz, Esq.
Michael James Pascucci, Esq.
EGGNATZ, LOPATIN & PASCUCCI, LLP
5400 S. University Drive, Suite 413
Davie, FL 33328
Tel: (954) 889-3359
Fax: (954) 889-5913
Email: JEggnatz@ELPLawyers.com
The Defendant is represented by:
Jerry R. Linscott, Esq.
BAKER & HOSTETLER
200 S Orange Avenue
Suite 2300 PO Box 112
Orlando, FL 32802-0112
Tel: (407) 649-4000
Email: jlinscott@bakerlaw.com
579732 BC: Recalls Ross Chocolate Bars Due to Milk
--------------------------------------------------
Starting date: March 24, 2016
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Milk
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: 579732 B.C. Ltd.
Distribution: Alberta, British Columbia, Manitoba, Ontario,
Possibly National Extent of the product distribution: Retail
CFIA reference number: 10497
579732 B.C. Ltd. is recalling Ross Chocolates brand No Sugar Added
Dark Chocolate chocolate bars from the marketplace because they
contain milk which is not declared on the label. People with an
allergy to milk should not consume the recalled product described
below.
Check to see if you have recalled product in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
If you have an allergy to milk, do not consume the recalled
product as it may cause a serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of this product.
This recall was triggered by the Canadian Food Inspection Agency's
(CFIA) inspection activities. The CFIA is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Ross No Sugar 34 g Best Before 7 26007 10005 4
Chocolates Added 281018 and
Dark Best Before
Chocolate 270119
Pictures of the Recalled Products available at:
http://is.gd/fGUY1P
579732 BC: Expands Ross Chocolate Bar Recall
--------------------------------------------
Starting date: March 25, 2016
Type of communication: Recall
Alert sub-type: Updated Food Recall Warning (Allergen)
Subcategory: Allergen - Milk
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: 579732 B.C. Ltd.
Distribution: Alberta, British Columbia, Manitoba, Ontario,
Possibly National
Extent of the product distribution: Retail
CFIA reference number: 10500
The food recall warning issued on March 24, 2016 has been updated
to include additional product information. This additional
information was identified during the Canadian Food Inspection
Agency's (CFIA) food safety investigation.
579732 B.C. Ltd. is recalling Ross Chocolates brand No Sugar Added
Dark Chocolate chocolate bars from the marketplace because they
may contain milk which is not declared on the label. People with
an allergy to milk should not consume the recalled product
described below.
Check to see if you have recalled product in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
If you have an allergy to milk, do not consume the recalled
product as it may cause a serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of this product.
This recall was triggered by CFIA inspection activities. The CFIA
is conducting a food safety investigation, which may lead to the
recall of other products. If other high-risk products are
recalled, the CFIA will notify the public through updated Food
Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Ross No Sugar 34 g All codes 7 26007 10005 4
Chocolates Added where "may
Dark contain traces
Chocolate of milk" is
not declared
on the label
Pictures of the Recalled Products available at:
http://is.gd/71jxor
AARON EXPRESS: Faces "Christophe" Suit Seeking OT Pay Under FLSA
----------------------------------------------------------------
HERMAN CHRISTOPHE, on behalf of himself and other similarly
situated persons, v. AARON EXPRESS, INC. d/b/a Colt EXPRESS (a/k/a
COLT EXPRESS TRUCKING COMPANY), and SHERRY WHITELEY, Case 4:16-cv-
01051 (S.D. Tex., April 20, 2016), seeks to recover unpaid
overtime wages and all available damages under the federal Fair
Labor Standards Act.
Colt Express Trucking Co is a licensed and bonded freight shipping
and trucking company running freight hauling business from
Hockley, Texas.
The Plaintiff is represented by:
Charles A. Sturm, Esq.
STURM LAW, PLLC
723 Main Street, Suite 330
Houston, TX 77002
Phone: (713) 955-1800
Fax: (713) 955-1078
E-mail: csturm@sturmlegal.com
ABBOTT LABORATORIES: Recalls CELL-DYN Emerald Analyzer System
-------------------------------------------------------------
Starting date: March 29, 2016
Posting date: April 7, 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-57846
They have identified occurrences where the CELL-DYN Emerald
analyzer generates quality control (QC) out of range low for
parameters RBC and PLT when using CELL-DYN Emerald cleaner lots#
6853, 6901 or 6953. Not all customers are experiencing this issue.
Replacement of the CELL-DYN Emerald cleaner, along with a system
cleaning of the instrument, must be performed in order to resolve
the issue.
Affected products:
A. CELL-DYN EMERALD SYSTEM - CLEANER REAGENT
Lot or serial number: 6853
6901
6953
Model or catalog number: 09H46-02
Manufacturer: Abbott Laboratories Diagnostics Division
100 Abbott Park Road,
Abbott Park
60064
Illinois
UNITED STATES
ABBOTT MOLECULAR: Recalls FISH Probe Kit Due to Noncompliance
-------------------------------------------------------------
Starting date: March 23, 2016
Posting date: April 4, 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-57768
It has been recently identified that the Vysis LSI 9q34
SpectrumAqua FISH Probe Kit is no longer meeting Abbott
Molecular's product quality specifications for specificity and
background. As a result, non-specific fluorescent particles (aqua
speckling) and/or background may interfere with signal
interpretation.
Affected products:
VYSIS SPECTRUM AQUA FISH PROBE KIT
Lot or serial number: 456744
Model or catalog number: 05N53-020
Manufacturer: Abbott Molecular Inc.
1300 E. Touhy Ave.
Des Plaines
60018
Illinois
UNITED STATES
AGT CLIC: Recalls Artichoke Products
------------------------------------
Starting date: March 31, 2016
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Microbiological - Other
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: AGT Clic
Distribution: Ontario, Quebec
Extent of the product distribution: Retail
CFIA reference number: 10439
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
CLIC Artichoke 398 ml AG Q1 LT02513 0 58504 80218 7
Quarters BB 01-24-2016
and
10 JUL 2015
10 MAI 2017
CLIC Artichoke 398 ml PRD: DEC 13 0 58504 80214 9
Bottoms EXP: AVR 16
and
PRD: JAN 14
EXP: MAI 16
ALAN'S RE: "Sanchez" Seeks Overtime Compensation
------------------------------------------------
Prospero Justo Sanchez individually and on behalf of others
similarly situated, Plaintiffs, v. Alan's RE 99 Cents & Up Inc.,
Jenny Yang's RE 99 Cent Store, Leung Ling and Long Yang Jiang,
Defendants, Case No. 1:16-cv-01881 (E.D. N.Y., April 18, 2016),
seeks to recover overtime compensation.
Alan's RE 99 Cents & Up Inc., doing business as ALAN'S RE 99C &
UP, is retail food store in the county of Queens, licensed by New
York State Department of Agriculture and Markets (NYSDAM).
The Plaintiff is represented pro se.
ALPHA MEAT: Recalls Ground Beef Products
----------------------------------------
Starting date: March 24, 2016
Type of communication: Recall
Alert sub-type: Notification
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Alpha Meat Packers Ltd.
Distribution: Ontario, Quebec
Extent of the product distribution: Hotel/Restaurant/Institutional
CFIA reference number: 10484
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Alpha Meat Lean 2 x 2.5 kg 6115B044 (3102)000500
Packers Ground (21)000004316282
Ltd. Beef
Alpha Meat Medium 2 x 2.5 kg 6115B042 (3102)000500
Packers Ground (21)000004316284
Ltd. Beef
Alpha Meat Medium 2 x 2.5 kg 6115B041 (3102)000500
Packers Ground (21)000004316285
Ltd. Beef
Alpha Meat Medium 2 x 2.5 kg 6115B047 (3102)000500
Packers Ground (21)000004316270
Ltd. Beef
Alpha Meat Angus 2 x 2.5 kg 6115B045 (3102)000500
Packers Lean (21)000004316271
Ltd. Ground
Beef
Chuck
APPLE INC: Court Wants Suit Over iPhone 5 Data Consumption Revised
------------------------------------------------------------------
District Judge Ronald M. Whyte granted Apple Inc's motion to
dismiss the class action lawsuit filed by Thomas A. Palmer but
gave the Plaintiff leave to amend. By May 16, 2016, plaintiff
shall submit an amended complaint that corrects the deficiencies
identified in this order. A case management conference will be
held on June 10, 2016, at 10:30 a.m. A joint case management
statement is due one week in advance of the conference.
THOMAS A. PALMER, Plaintiff, v. APPLE INC., Defendant, Case No.
5:15-cv-05808-RMW (N.D. Cal.), involves allegations that certain
versions of Apple's iPhone 5 smartphone used excessive amounts of
data on AT&T's cellular network.
A copy of the Court's Order dated April 15, 2016, is available at
http://is.gd/XjVbvtfrom Leagle.com.
Thomas A. Palmer, Plaintiff, represented by Christopher Robert
Pitoun -- christopherp@hbsslaw.com -- Hagens Berman Sobol Shapiro
LLP, Steve W. Berman -- steve@hbsslaw.com -- Hagens Berman Sobol
Shapiro LLP, pro hac vice and Jeff D Friedman -- jefff@hbsslaw.com
-- Hagens Berman Sobol Shapiro LLP.
Apple Inc., Defendant, represented by David Ramraj Singh --
david.singh@weil.com -- Weil, Gotshal and Manges LLP and Diane P.
Sullivan Weil -- diane.sullivan@weil.com -- Gotshal and Manges
LLP, pro hac vice.
ARCHER TRUCKING: Faces Class Action Over Unpaid Overtime Wages
--------------------------------------------------------------
The Sacramento employment law lawyers at Blumenthal, Nordrehaug &
Bhowmik on April 25 disclosed that it filed a class action lawsuit
alleging that Archer Trucking, Inc. failed to pay their Truck
Drivers in California the correct amount of overtime wages and
allegedly failed to provide their truck driver employees with
proper rest periods in accordance with the California Labor Code.
The Archer Trucking, lawsuit, Case No. SCUK-CVG-16-67106 is
currently pending in the Mendocino County Superior Court for the
State of California.
According to the class action complaint the trucking company
allegedly paid their non-exempt employees non-discretionary bonus
wages based on their performance for the company. The Complaint
further alleges that as a matter of law the various bonus wages
received by the truck drivers should have been included in the
employees' hourly rates for the purposes of paying the truck
driver employees the correct overtime wages. As a result of the
alleged illegal overtime calculations conducted by Archer
Trucking, the class action lawsuit claims other truck drivers,
besides the five truck drivers who brought the lawsuit, were also
not correctly paid all their overtime wages. The Complaint also
seeks penalties relating to alleged missed rest breaks because
allegedly Archer Trucking did not have a policy to provide their
truck drivers with proper rest periods in accordance with the
California Labor Code.
Blumenthal, Nordrehaug & Bhowmik is an employment law firm with
offices located in San Diego, San Francisco, Sacramento,
Los Angeles, and Riverside that dedicates its practice to helping
employees, investors and consumers fight back against unfair
business practices, including violations of the California Labor
Code and Fair Labor Standards Act.
BEAUTY CAREER'S: "Sierra" Suit to Recover Unpaid Back Wages
-----------------------------------------------------------
Diana Sierra, Plaintiff, and similarly situated individuals,
Plaintiff, v. Beauty Career's Institute, Inc., Neal Heller, Sheryl
A. Lewis, Defendants, Case No. 1:16-cv-21414-DPG (S.D. Fla., April
20, 2016), seeks to recover unpaid back wages, liquidated damages,
reasonable attorneys' fees and costs and other damages associated
with a claim for retaliatory discharge under the Fair Labor
Standards Act of 1938.
Defendant operates a beauty and massage therapy school where
Sierra worked initially as a receptionist, instructor and then as
registrar. She claims not being paid overtime premium for hours
rendered in excess of 40 hours per work week.
The Plaintiff is represented by:
Gary A. Costales, Esq.
GARY A. COSTALES, P.A.
1200 Brickell Avenue, Suite 1440
Miami, FL 33131
Tel: (305) 375-9510
Fax: (305) 375-9511
BLACK DIAMOND: Recalls Nylon Runners Due to Fall Risk
-----------------------------------------------------
Starting date: March 31, 2016
Posting date: March 31, 2016
Type of communication: Consumer Product Recall
Subcategory: Sports/Fitness
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public
Identification number: RA-57734
This recall involves a Black Diamond Brand Nylon Runners, 60 cm
and 120 cm lengths, style # 380060 & #380061, manufactured in 2014
& 2015. 18 mm Nylon Runners were manufactured in the following
colors: Gray, Purple, Green, Red, Gold and Blue.
STYLE SKU DESCRIPTION YEAR UPC/EAN
NUMBER --- ----------- MARKING -------
------ -------
380060 BD3800600000ALL1 18 mm Nylon 2014 793661005582
Runner 60 cm
380060 BD3800600000ALL1 18 mm Nylon 2015 793661005582
Runner 60 cm
380061 BD3800610000ALL1 18 mm Nylon 2014 793661124986
Runner 120 cm
380061 BD3800610000ALL1 18 mm Nylon 2015 793661124986
Runner 120 cm
Only the above Style Numbers having the year markings 2014 & 2015,
and the CE number 0333 are included in the recall. The year
markings and CE marking are found on the sewn-in labels on each
runner.
These nylon runners may have been manufactured with a tape splice
connecting parts of the runners together. The tape splice will
fail during use posing a risk of death or injury due to a fall.
Approximately 23,600 units were distributed in Canada (185,000
units were sold in the United States). No reports of injuries have
been received in Canada or in the United States.
January 2014 to February 5, 2016.
Manufactured in China.
Manufacturer: Black Diamond Equipment Ltd.
Salt Lake City
Utah
UNITED STATES
Distributor: Various retailers across Canada
Consumers should immediately stop using the product and contact
Black Diamond at 1-800-775-5552 or visit the site for further
direction on having product inspected by Black Diamond for this
hazard, or for further directions regarding inspection by place-
of-purchase personnel or self-inspection.
Consumers can also email the firm at warranty@bdel.com.
Black Diamond will replace any improperly manufactured units.
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/BF7pFU
BMW: Recalls 7 Series 2016 Models Due to Defective Airbag
---------------------------------------------------------
Starting date: March 29, 2016
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Airbag
Units affected: 431
Source of recall: Transport Canada
Identification number: 2016134TC
ID number: 2016134
On certain vehicles, the air bag control module housing may
contain metallic particles which were left in the module due to a
manufacturing process error. These particles could contact
components within the module, which could cause a short circuit
and briefly render the module inoperative, which could affect
deployment of air bags and seatbelt pretensioners in a crash
(where deployment is warranted) which could increase the risk of
injury to vehicle occupants. Correction: Dealers will replace the
air bag control module. Note: The short circuit would result in
the air bag light illuminating.
Make Model Model year(s) affected
---- ----- ----------------------
BMW 7 SERIES 2016
BOIRON CANADA: Recalls Stodal Cough and Cold Syrup
--------------------------------------------------
Starting date: March 24, 2016
Posting date: April 8, 2016
Type of communication: Drug Recall
Subcategory: Natural health products
Hazard classification: Type III
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-57866
The lot contains 9CH of Nux vomica instead of 6CH
Depth of distribution:
Wholesalers, retailers, and pharmacies
Affected products:
Stodal Cough and Cold
DIN, NPN, DIN-HIM
DIN-HM 80060240
Dosage form: Syrup
Strength: Ducalmara 5CH
Ferrum phosphoricum 9CH
Hydrastis canadensis 9CH
Kali bichromicum 9CH
Nux vomica 6CH
Lot or serial number: M5090655
Recalling Firm: Boiron Canada Inc
1300 Rene Descartes
Saint-Bruno-de-Montarville
J3V 0B7
Quebec
CANADA
Marketing Authorization: Holder Boiron Canada Inc
1300 Rene Descartes
Saint-Bruno-de-Montarville
J3V 0B7
Quebec
CANADA
BON APPETIT: "Nijmeh" Suit Seeks to Recover Rest Period Premium
---------------------------------------------------------------
Silvia Nijmeh, individually and on hehalf of himself and others
similarly situated, Plaintiff, v. Bon Appetit Management Company,
Inc. and Does 1 through 100, inclusive, Defendants, Case No.
18CV294127 (Cal. Super., April 20, 2016), seeks statutory
penalties under Labor Code Section 226(c) and (g), rest period
premiums under Industrial Welfare Commission Wage Orders, meal
period premiums as required by Labor Code Section 226.7 and
applicable IWC Wage Orders, vested and accrued vacation pay for
separated employees as required by Labor Code Sec. 227.3, pre-
Judgment and post-judgment interest, restitution resulting from
unlawful business practices pursuant to California Business and
Professions Code Sections 17203 and 17204, reasonable attorneys'
fees and costs and such other legal and/or equitable relief.
Defendant is a caterer serving locations throughout California and
in the Bay Area with headquarters in Charlotte, North Carolina.
Plaintiff worked in food preparation for Bon Appetit. Defendant
suspended Ms. Nijmeh and terminated her employment with her not
having returned to work.
The Plaintiff is represented by:
Timothy D. Cohelan, Esq.
Michael D. Singer, Esq.
J. Jason Hill, Esq.
COHELAN KHOURY & SINGER
605 C Street, Suite 200
San Diego, CA 92101
Tel: (619) 595-3001
Fax: (619) 595-3000
- and -
Sahag Majarian, II, Esq.
LAW OFFICES OF SAHAG MAJARIAN II
18250 Ventura Blvd.
Tarzana, CA 91356
Tel. (818) 609-0807
Fax (818) 609-0892
CABLEVISION: Settles Cable Box Class Action, Sept. 12 Hearing Set
-----------------------------------------------------------------
Taus, Cebulash & Landau on April 25 disclosed that a settlement
agreement has been reached in a class action lawsuit in
New Jersey federal court, entitled Marchese et al. v. Cablevision,
et al., 10-cv-02190. The lawsuit claims that certain business
practices resulted in subscribers paying higher prices for
Cablevision's cable TV set-top boxes. Cablevision denies all of
the claims in the lawsuit.
The Settlement Class includes, subject to certain exceptions, all
persons in New Jersey, Connecticut and New York who subscribed to
Cablevision's video services and paid a monthly fee to Cablevision
to lease a Set-Top Box at any time from April 30, 2004 to March 9,
2016.
The Settlement provides that Current Subscribers who file a valid
claim form can choose either: (1) a one-time bill credit (ranging
between $20-$40) or (2) one of several Cablevision services or
equipment options (ranging between $50-$140 in value). Former
Subscribers who file a valid claim form will receive a cash
payment. All Current Subscribers and those Former Subscribers who
file a valid claim form will receive a free four month
subscription to the Internet-delivered SundanceNow service. Class
members must submit a Claim Form online or by mail by September
23, 2016.
To obtain the full notice, for more information about the
Settlement and the rights of class members, or to request a Claim
Form, call 1-888-760-4871 or go to www.cableboxsettlement.com
Anyone who does not exclude him or herself from the class may
choose to object to the Settlement by August 24, 2016. Complete
information on how to request exclusion from or object to the
Settlement can also be found on the settlement website.
The Court will hold a hearing in the case on September 12, 2016,
to consider whether to approve the Settlement, and to consider a
request by Class Counsel for up to $9.5 million for attorneys'
fees and expenses to be paid out of the Settlement. The full
notice explains more details. This is only a summary.
CANADA: Toronto 2010 G20 Summit Class Actions Can Proceed
----------------------------------------------------------
Joanna Lavoie, writing for InsideToronto.com, reports that the
province's Court of Appeal has ruled in favor of allowing of two
class action lawsuits relating to alleged civil rights abuses
during the 2010 G20 summit in Toronto to move forward.
The lawsuits, which are seeking a total of $75 million in basic
and punitive damages, involve an estimated 1,000 people who were
"kettled" for several hours at the intersection of Queen Street
and Spadina Avenue as well as those held in a temporary detention
centre on Eastern Avenue in Leslieville.
The lead plaintiff in the first claim at Queen Street and Spadina
Avenue is Sherry Good, an administrative assistant who was kettled
for several hours in the rain after having brunch with a friend.
Former theatre director Tommy Taylor is named in the second suit
pertaining to the Eastern Avenue "jail" facility.
"In my view, the remedies sought by the plaintiffs, which include
a declaration that class members' Charter rights have been
violated and an award of damages, would be stronger instruments of
behavior modification," wrote Associate Chief Justice Alexandra
Hoy on behalf of a unanimous three-judge panel.
Ms. Hoy's comments point to a 300-page report on the G20 where the
Office of the Independent Review Director issued 42
recommendations. It is unknown how many of these recommendations
have been implemented.
The Toronto Police Services Board is currently reviewing the
ruling and considering its options. Toronto police are not
commenting on this case as it's before the courts.
Claims on the merits of both lawsuits could be heard as early as
this fall.
This decision, which was released on Wednesday, April 6, supports
a previous decision reached last year by the Divisional Court
allowing the lawsuits to move forward as class actions.
CARGO MATE: Recalls 2013 and 2007 Trailers Due to Crash Risk
------------------------------------------------------------
Starting date: March 29, 2016
Type of communication: Recall
Subcategory: Light Trailer
Notification type: Compliance
Mfr System: Label
Units affected: 72
Source of recall: Transport Canada
Identification number: 2016135TC
ID number: 2016135
Certain cargo trailers may not comply with the requirements of
Canada Motor Vehicle Safety Standard 110 - Tire Selection and
Rims. The certification, tire and loading information labels do
not contain correct tire pressure (PSI and kPA) information. The
labels incorrectly state a tire pressure of 50 PSI (345 kPa), but
instead should read 80 PSI (551 kPa). Improper tire pressure can
lead to tire failure which, in turn, can result in a crash causing
property damage and/or personal injury. Correction: Revised
certification labels containing the correct tire pressure (80 PSI
/ 551 kPa) will be mailed to owners along with instructions for
proper installation. If owners are not comfortable installing the
label themselves, they can take the label to a Forest River dealer
for installation.
Make Model Model year(s) affected
---- ----- ----------------------
CARGO MATE 2013
US CARGO 2007
CHESAPEAKE ENERGY: "Van Meter" Sues over Anti-Trust Violations
--------------------------------------------------------------
James M. Van Meter and John L. Wright, Plaintiffs, v. Chesapeake
Energy Corp., Chesapeake Exploration, L.L.C., as successor by
merger to Chesapeake Exploration, L.P., Sandridge Energy, Inc.,
Sandridge Exploration and Production L.L.C., Tom L. Ward and John
Does 1-50 Defendants, Case No. 5:16-cv-00403-D (W.D. Okla., April
20, 2016), seeks damages sustained by Plaintiffs, pre-judgment and
post-judgment interest, attorney's fees, permanent enjoinment and
other further relief for violation of Section 1 of the Sherman
Antitrust Act.
Defendants allocated among themselves the leasehold interests for
particular parcels of land across various counties, agreeing not
to compete in acquiring the said leasehold or property interests
to artificially depress royalty and bonus prices for mineral
rights.
Chesapeake Energy Corp. is a corporation organized under Oklahoma
law with its principal place of business at 6100 N. Western
Avenue, Oklahoma City, Oklahoma 73118-1044.
Chesapeake Exploration, L.L.C. is made up of Chesapeake Operating,
L.L.C., Chesapeake E&P Holding Corporation and Chesapeake
Appalachia, L.L.C.
SandRidge Energy, Inc. is a corporation existing and operating
under the laws of the State of Delaware with its principal place
of business at 123 Robert S. Kerr Avenue, Oklahoma City, Oklahoma
73102.
Sandridge Exploration and Production L.L.C. is a limited liability
company organized under Delaware law. It is the leasing agent of
SandRidge Energy, Inc.
The Plaintiff is represented by:
Douglas D. Wilguess, Esq.
Heather A. Garrett, Esq.
WILLGUESS & GARRETT, PLLC
One Leadership Square
211 N. Robinson, Suite 1350
Oklahoma City, OK 73102
Telephone: (405) 235-0200
Facsimile: (405) 232-6515
Email: wilguess@wgokc.com
garrett@wgokc.com
- and -
Larry D. Lahman, Esq.
Michael E. Kelly, Esq.
Carol Hambrick Lahman, Esq.
Robert L. Ediger, Esq.
MITCHELL DECLERCK
202 West Broadway Avenue
Enid, OK 73701
Tel: (800) 287-5144
Email: larry.lahman@sbcglobal.net
mek@mdpllc.com
carollahman@gmail.com
rle@mdpllc.com
- and -
Christopher J. Cormier, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
2443 S. University Blvd., No. 232
Denver, CO 80210-5407
Telephone: (720) 583-0650
Email: ccormier@cohenmilstein.com
- and -
Richard A. Koffman, Esq.
Emmy L. Levens, Esq.
Robert W. Cobbs, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW
Suite 500, West Tower
Washington, DC 20005
Telephone: (202) 408-4600
Email: rkoffman@cohenmilstein.com
elevens@cohenmilstein.com
rcobbs@cohenmilstein.com
- and -
Warren T. Burns, Esq.
Daniel H. Charest, Esq.
Will Thompson, Esq.
BURNS CHAREST LLP
500 North Akard Street, Suite 2810
Dallas, TX 75201
Telephone: (469) 904-4550
Facsimile: (469) 444-5002
Email: wburns@burnscharest.com
dcharest@burnscharest.com
wthompson@burnscharest.com
- and -
Issac Diel, Esq.
SHARP MCQUEEN PA
6900 College Boulevard Suite 285
Overland Park, KS 66211
Telephone: (913) 661-9931
Email: idiel@sharpmcqueen.com
- and -
Terrell W. Oxford, Esq.
SUSMAN GODFREY LLP
1000 Louisiana, Suite 5100
Houston, TX 77002-5096
Tel: (713) 651-9366
Fax: (713) 654-6666
Email: toxford@susmangodfrey.com
- and -
William C. Carmody, Esq.
Arun Subramanian, Esq.
SUSMAN GODFREY L.L.P.
560 Lexington Ave., 15 Floor
New York, NY 1002-6828
Telephone: (212) 336-8330
Facsimile: (212) 336-8340
CHEVRON CORP: "McQueen" Suit to Seeks Recover Overtime Pay
----------------------------------------------------------
Christopher McQueen and James O'Neal, on behalf of themselves and
others similarly situated, Plaintiffs, v. Chevron Corporation, and
Does 1-50, inclusive, Defendants, Case No. 4:16-cv-02089-KAW (N.D.
Cal., April 20, 2016) seeks unpaid back wages at the applicable
overtime rate, unpaid wages owed, liquidated damages and
penalties, reasonable attorneys' fees and costs under the Fair
Labor Standards Act.
Chevron Corporation is an oil company headquarter at 6001
Bollinger Canyon Road, San Ramon, CA 94583 with operations
globally.
McQueen and O'Neal worked as well site managers in Texas and
Hobbs, New Mexico. They were misclassified by the Defendants as
contractors, and thus, deprived of regular benefits due an
employee.
The Plaintiff is represented by:
Matthew C. Helland, Esq.
Daniel S. Brome, Esq.
NICHOLS KASTER, LLP
One Embarcadero Center, Suite 720
San Francisco, CA 94111
Telephone: (415) 277-7235
Facsimile: (415) 277-7238
Email: helland@nka.com
dbrome@nka.com
CHIPOTLE MEXICAN: Court Rules on Bid to Exclude Expert Testimony
----------------------------------------------------------------
In the case, MAXCIMO SCOTT and JAY ENSOR, et al., on behalf of
themselves and all others similarly situated, Plaintiffs, v.
CHIPOTLE MEXICAN GRILL, INC. and CHIPOTLE SERVICES, LLC,
Defendants, No. 12-CV-08333 (ALC)(SN) (S.D.N.Y.), Magistrate Judge
Sarah Netburn granted in part and denied in part:
-- the plaintiffs' motion to exclude testimony from
Chipotle's expert Robert W. Crandall; and
-- Chipotle's motion to exclude testimony from plaintiffs'
experts John A. Gordon and Dr. Phillip Johnson.
The plaintiff and class representative Maxcimo Scott filed the
nationwide class and collective action complaint on November 15,
2012, alleging violations of the Fair Labor Standards Act, 29
U.S.C. Sections 201, et seq., and the New York Minimum Wage Act,
N.Y. Lab. Law, art. 6 Sections 190, et seq., art 19 Sections 650,
et seq., against Chipotle Mexican Grill, Inc. and Chipotle
Services, LLC. Later amendments to the complaint added class
action claims under Missouri, Colorado, Washington, Illinois and
North Carolina law. The plaintiffs -- salaried "apprentices"
employed or formerly employed by Chipotle restaurants nationwide -
- allege primarily that Chipotle did not pay them overtime and
spread-of-hours compensation as required by federal or state law.
On June 20, 2013, the Honorable Andrew L. Carter, Jr.
conditionally certified the plaintiffs' collective action.
Mr. Crandall -- rcrandall@resecon.com -- is a Partner at
Resolution Economics LLC, a firm that conducts labor studies,
performs economic and statistical analyses, and provides complex
data analysis in connection with litigation matters. Mr. Crandall
has been retained as an expert or consultant in over 400 class or
collective action matters alleging wage and hour violations under
FLSA and various state laws. He has extensive experience
collecting and analyzing data related to the work activities of
class members through the use of scientific surveys, time and
motion observation studies, and other forensic data studies. Mr.
Crandall has also conducted surveys of retail and restaurant
managers, and has studied non-exempt labor practices of various
restaurants, retailers, and other industries.
Mr. Gordon -- jgordon@pacificmanagementconsultinggroup.com -- is a
restaurant analyst and advisory consultant and the founder and
principal of Pacific Management Consulting Group. His professional
background includes experience as General Manager/Area Supervisor
for a domestic quick service restaurant chain, Cost Analyst and
Financial Analyst for a publicly traded chain restaurant
corporation, Manager of Financial Analysis and Chief Financial
Officer/Director of Finance for a large international hospitality
chain, and managing subject matter expert of a global management
consulting firm. He is a certified Master Analyst of Financial
Forensics and specializes in complex restaurant operations,
financial and business analytical projects.
Dr. Johnson, Ph.D., -- pjohnson@econone.com -- is an economist and
Managing Director at Econ One Research, Inc., an economic research
and consulting firm. He conducts market analyses and assesses
economic damages, including the calculation of damages in
connection with wage and hour lawsuits. Dr. Johnson relied on data
from Chipotle's human resources and payroll databases, including
the PeopleSoft, Menulink, and Aloha databases, as well as sample
declarations from current and former Chipotle apprentices.
A copy of the Court's April 15, 2016 Opinion and Order is
available at http://is.gd/jGMjI5from Leagle.com.
COHEN & SLAMOWITZ: Court Denies Bid for Sanctions in "Hallmark"
---------------------------------------------------------------
Magistrate Judge Leslie G. Foschio of the United States District
Court for the Western District of New York denied Plaintiff's
motion for sanctions in the case captioned, MICHAEL HALLMARK, on
behalf of himself and all others similarly situated, and
Plaintiff, v. COHEN & SLAMOWITZ, LLP, MIDLAND FUNDING LLC,
Defendants, Case No. 11-CV-842W(F) (W.D.N.Y.).
Plaintiff alleges violations of the Fair Debt Collection Practices
Act based on Defendants' attempted and actual collection of court
filing fees prior to Defendants' incurring by payment of such
costs.
Plaintiff moves for sanctions pursuant to Fed.R.Civ.P. 37(b)(2)(A)
including, inter alia, contempt and an order directing that
Defendant Cohen & Slamowitz's net worth be deemed $50 million thus
allowing the maximum damages allowed under 15 U.S.C. Sec.
1692k(a)(2)(B) ("Sec. 1692k(a)(2)(B)") capping FDCPA class action
damages at the lesser of $500,000 or 1% of a defendant's net
worth. Plaintiff also requests permission to serve a 26th
interrogatory to C&S requesting information to aid in identifying
all FDPCA cases between 2006 and 2015 in which depositions of C&S
employees were taken.
Plaintiff's motion is based on the court's Decision and Order
filed January 8, 2015, in which the court directed Defendants to
produce deposition transcripts in Defendants' possession as
relevant to the issue of the extent of Defendant Midland's control
over C&S as a potential for imputed liability, the question of
C&S's net worth as limited by Sec. 1692k(b)(2), and potential
evidence of Defendants' repetitive and intentional violations of
the FDCPA.
In her Decision and Order dated March 23, 2016 available at
http://is.gd/NSzGITfrom Leagle.com, Judge Foschio concluded that
the D&O was limited to production of deposition transcripts within
Defendants' possession and did not extend to Defendants' law firms
and therefore the deposition transcripts which were obtained
through Plaintiff's research and subpoenas from Midland's law
firms do not support Plaintiff's request for sanctions and that
Plaintiff's evidence of Midland's alleged obstruction and
suppression of evidence asserted by Plaintiff against Mr. Leghorn
in violation of Rule 3.4(a)(1) is insufficient to warrant
sanctions, and granting Plaintiff's request for additional
interrogatory practice is without sufficient justification.
Michael Hallmark is represented by:
Brian L. Bromberg, Esq.
Jonathan R. Miller, Esq.
BROMBERG LAW OFFICE, P.C.
26 Broadway,
New York, NY 10004
Tel: (212)248-7906
- and -
Kenneth R. Hiller, Esq.
Seth Andrews, Esq.
LAW OFFICES OF KENNETH HILLER, PPLC
Plaza Suites, 651 Delaware Avenue
Suite 139
Buffalo, NY 14202
Tel: (716)564-3288
Cohen & Slamowitz, LLP represented by Andrew Christopher Sayles,
Esq. -- asayles@connellfoley.com -- Joseph L. Linares, Esq. --
jlinares@connellfoley.com -- and Steven A. Kroll, Esq. --
skroll@connellfoley.com -- CONNELL FOLEY LLP
CR ENGLAND: "Gradie" Seeks OT, Minimum Pay, Deductions
------------------------------------------------------
William H. Gradie, Individually and on behalf of all others
similarly situated, Plaintiff, v. C.R. England, Inc., and Does 1-
100 inclusive, Defendants, Case No. BC617647 (Cal. Super., April
20, 2016), seeks restitution for all wrongfully withheld amounts,
liquidated damages, statutory penalties, preliminary and permanent
injunctive relief, prejudgment interest on all amounts owed,
attorney's fees and such other and further relief pursuant to
California Unfair Competition Law, Business and Professions Code
Section 17200 et seq. and California Labor Code Sections 1194(b)
and 972.
Plaintiff accuses the Defendant of unlawful deductions from wages,
subminimum wages, denial of overtime premium, misrepresentation,
failure to provide off duty meal/rest breaks, failure to issue
accurate itemized pay statements and usury.
C.R. England is engaged in various trucking related businesses
throughout the State of California where Gradie worked as a
driver.
The Plaintiff is represented by:
Brian F. Van Vleck, Esq.
VAN VLECK TURNER & ZALLER LLP
6310 San Vicente Blvd., Suite 430
Los Angeles, CA 90048
Fax: (323) 592-3506
Phone: (323) 592-3505
CORPORATE TRANSIT: "Velasquez" Suit Seeks Back Pay, OT, Damages
---------------------------------------------------------------
Julio Velazquez, Deysi Troconis, individually and on behalf of all
similarly situated individuals, v. Corporate Transit of America,
Inc. doing business as Corporate Bank Transit of Kentucky, Inc.,
Subcontracting Concepts, LLC, Defendant, Case 8:16-cv-00948-JDW-
AEP (M.D. Fla., April 20, 2016), seeks unpaid back wages, minimum
wages, overtime premium, liquidated damages and civil damages for
fraudulent filing of information returns, and for violations of
the Fair Labor Standards Act, Internal Revenue Code, Florida
Minimum Wage Act, Florida Deceptive and Unfair Trade Practices
Act.
Corporate Transit of America, Inc. operates a ground delivery
Service where Troconis and Velazquez worked as drivers. Plaintiffs
claim to have been misclassified as contractors, and thus, denied
of basic benefits of employment.
Subcontracting Concepts, LLC offers logistical broker services for
its customers throughout the United States. It is located in
Hillsborough County, Florida.
The Plaintiff is represented by:
Luis A. Cabassa, Esq.
WENZEL FENTON CABASSA, PA
1110 N Florida Ave Ste 300
Tampa, FL 33602-3343
Tel: (813) 224-0431
Fax: (813) 229-8712
Email: lcabassa@wfclaw.com
DESTINATURE INC: Recalls Liquorice Chili Energy Bars
----------------------------------------------------
Starting date: March 30, 2016
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Microbiological - Non harmful (Quality/Spoilage)
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Destinature Inc.
Distribution: Ontario, Quebec
Extent of the product distribution: Retail
CFIA reference number: 10501
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Roo'Bar Liquorice 50 g 2016 JL 26 3 800225 478649
Chili Energy
Bar
DIAMOND PET: Set to Commence Pet Food Settlement Payouts
--------------------------------------------------------
Food Safety News reports that the Ottawa-based Consumer Law Group
says Diamond Pet Food and Costco are now paying out varying
amounts to settle damage claims from Canadians whose pets required
screening and/or treatment when some were exposed to Salmonella in
2011 and 2012. A class action law firm first announced the
settlement in March.
Consumer Law Group led the class action lawsuit against Diamond
Pet Foods as the manufacturer and Costco as the distributor after
the pet illnesses and some deaths occurred. Diamond and Costco
are not accepting any formal responsibility, but to agreed settle
the litigation with the represented pet owners ranging from
reimbursement for pet food purchases to assistance paying actual
veterinary bills or costs involving pets' deaths.
Attorney Jeff Ornstein, who heads the class action firm, said
Costco is notifying 115,000 customers who purchased the poisoned
pet food by an automated phone call, announcing that the
settlement is available.
To be eligible, consumers must have purchased Diamond Pet Food,
recalled on April 6, 26 or 30, 2012, or on May 4-5, 2012, and did
not return the recalled produced or exchange, and did not already
sign a release with Diamond or Costco.
In the class action filing, one consumer's dog is said to have
become extremely ill -- with vomiting, running diarrhea,
dehydration, and loss of consciousness -- requiring treatment and
lab tests by a veterinarian. A Diamond pet food brand made for
Costco and sold as Kirkland Signature Super Premium Adult Dog
Lamb, Rice & Vegetable Formula made that dog sick, according to
the plaintiffs.
The companies told the consumer about the Salmonella contamination
but refused to compensate them for the veterinary bills because
the consumer did not have a empty bag or proof of purchase for the
dog food.
No dog food receipt is required to be included in the settlement.
Additional information can be found on the claims website. Details
for veterinary services along with a sworn statement is required
for the more pricy claims.
DOALL COMPANY: Responsive Pleading Due Today in "Stocks" Suit
-------------------------------------------------------------
In the case, HERRI L. STOCKS, Plaintiff, v. DOALL COMPANY,
Defendant, Case No. 15-cv-1496 (E.D. Wis.), District Judge Lynn
Adelman granted defendant's motion to set aside default and
directed Defendant to file a responsive pleading or motion to
plaintiff's complaint by toda7, April 29, 2016.
Sherri Stocks brings this purported class action against defendant
DoAll Company, alleging federal and state wage and hour law
violations.
A copy of the Court's April 15, 2016 Decision and Order is
available at http://is.gd/GIDl5Ffrom Leagle.com.
Sherri L Stocks, Plaintiff, represented by:
Jill M Hartley, Esq.
Erin F Medeiros, Esq.
Nathan D Eisenberg, Esq.
The Previant Law Firms, S.C.
310 West Wisconsin Avenue, Suite 100 MW
Milwaukee, WI 53203
Tel: 888-213-0123
Local: 414-203-0514
DoAll Company, Defendant, represented by Jules A Levenson --
jlevenson@seyfarth.com -- Seyfarth Shaw LLP & Noah A Finkel --
nfinkel@seyfarth.com -- Seyfarth Shaw LLP.
DODGE: Recalls Grand Caravan and Durango 2015 Models
----------------------------------------------------
Starting date: March 23, 2016
Type of communication: Recall
Subcategory: SUV
Notification type: Safety Mfr
System: Brakes
Units affected: 396
Source of recall: Transport Canada
Identification number: 2016130TC
ID number: 2016130
Manufacturer recall number: S16
On certain vehicles, the left front brake caliper may have been
cast from an incorrect material during manufacturing. This could
cause the brake caliper to possibly crack under an extreme braking
application. This could affect vehicle control and increase
stopping distances, which could increase the risk of a crash
causing injury and/or property damage. Correction: Dealers will
inspect the front left caliper date code and replace the caliper
if it is from the suspect casting date.
Make Model Model year(s) affected
---- ----- ----------------------
DODGE GRAND CARAVAN 2015
DODGE DURANGO 2015
DOLAR SHOP: "Li" Suit Seeks OT, Spread of Hours, Minimum Pay
------------------------------------------------------------
Gang Li, Dong Bin Li, Jia Zhen Jing, Jin Wang, Mei Fang Yao, Shan
Zhi Sun and Hai Hong Han individually and on behalf of all other
employees similarly situated, Plaintiff, v. The Dolar Shop
Restaurant Group, LLC., Ken Cheung, Suzie Cheung, John and Jane
Does 1-10, Defendants, Case No. 1:16-cv-01953 (E.D.N.Y., April 20,
2016), seeks unpaid wages and minimum wages, unpaid overtime
compensation, unpaid spread of hours premium, liquidated and
punitive damages, compensation for failure to provide wage notice
at the time of hiring, prejudgment and post-judgment interests and
attorney fees and costs pursuant to the Fair Labor Standards Act,
New York Labor Laws and New York Wage Theft Prevention Act.
The Dolar Shop Restaurant Group, LLC operates a Chinese
restaurant, "The Dolar Shop", where Plaintiffs work as servers,
kitchen aides and dishwashers.
The Plaintiff is represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC
136-18 39th Ave., Suite 1003
Flushing, NY 11354
Tel: 718.353.8588
Email: jhang@hanglaw.com
DOMETIC: To Vigorously Defend Refrigerator Class Action
-------------------------------------------------------
In addition to the information disclosed on April 22, 2016,
regarding a class action complaint filed against Dometic in the
US, the company would like to make the following statement:
On April 21, 2016, a class action complaint was filed in the
United States District Court for the Northern District of
California. The complaint alleges that Dometic's gas absorption
refrigerators are defective. The complaint also alleges that
Dometic has failed to remediate the defects and provide adequate
warnings or instructions on proper use of its gas absorption
refrigerators. The complaint currently includes 5 individual
plaintiffs.
Dometic's opinion is that the allegations are without merits and
intend to vigorously defend against them.
About Dometic Group
Dometic is a global market leader in branded solutions for mobile
living in the areas of Climate, Hygiene & Sanitation and Food &
Beverage. Dometic operates in the Americas, EMEA and Asia
Pacific, providing products for use in recreational vehicles,
trucks and premium cars, pleasure and workboats, and for a variety
of other uses. Dometic offer products and solutions that enrich
people's experiences away from home, whether in a motorhome,
caravan, boat or a truck. Our motivation is to create smart and
reliable products with outstanding design. It operates 22
manufacturing/assembly sites in nine countries, sell our products
in approximately 100 countries and manufacture approximately 85%
of products sold in-house. It has a global distribution and
dealer network in place to serve the aftermarket. Dometic employs
approximately 6,500 people worldwide, had net sales of SEK11.5
billion in 2015 and is headquartered in Solna, Sweden.
DUKE ENERGY: "Bowser" Suit Seeks Unpaid OT Wages Under FLSA
-----------------------------------------------------------
John Bowser, on behalf of himself and others similarly situated,
the Plaintiff, v. Duke Energy, The Empyrean Group, LLC and Guidant
Group, INC., the Defendants, Case No. 2:16-cv-00482-DSC (W.D.
Penn., April 21, 2016), seeks to recover unpaid overtime wages and
other damages, pursuant to the Fair Labor Standards Act (FLSA).
According to the complaint, the Defendants do not pay overtime to
the hourly employees they jointly employ as required by the FLSA.
Instead, Defendants pay the workers the same hourly rate for all
hours worked, including those worked in excess of 40 in a
workweek.
Duke is an electric power company. Guidant is a staffing firm.
Empyrean is a human resources consulting and staffing company.
The Plaintiff is represented by:
Joshua P. Geist, Esq.
GOODRICH & GEIST, P.C.
3634 California Ave
Pittsburgh, PA 15212
Telephone: (412) 766 1455
Facsimile: (412) 766 0300
E-mail: josh@goodrichandgeist.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Lindsay R. Itkin, Esq.
FIBICH, LEEBRON, COPELAND
BRIGGS & JOSEPHSON
1150 Bissonnet St.
Houston, TX 77005
Telephone: (713) 751 0025
Facsimile: (713) 751 0030
E-mail: mjosephson@fibichlaw.com
litkin@fibichlaw.com
adunlap@fibichlaw.com
- and -
Richard J. (Rex) Burch
BRUCKNER BURCH, P.L.L.C.
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877 8788
Facsimile: (713) 877 8065
E-mail: rburch@brucknerburch.com
FORD: Recalls Explorer 2016 and MKC 2015
----------------------------------------
Starting date: March 31, 2016
Type of communication: Recall
Subcategory: SUV
Notification type: Safety
Mfr System: Engine
Units affected: 3993
Source of recall: Transport Canada
Identification number: 2016138TC
ID number: 2016138
Manufacturer recall number: 16S14
On certain vehicles equipped with a 2.3 litre GTDI engine and an
engine block heater, due to the engine's orientation, the block
heater could be susceptible to overheating. An overheated engine
block heater may result in engine coolant leakage, or heat damage
to the electrical connector of the block heater. Overheating of
the engine block heater may increase the risk of an underhood fire
causing injury and/or property damage. Correction: Dealers will
replace the engine block heater element with one of a different
design, and will inspect the block heater's electrical cord, and
replace if required. In the interim, owners are advised to stop
using their block heater until the campaign is completed. Note:
This risk only exists when the block heater is plugged in and the
vehicle is parked.
Make Model Model year(s) affected
---- ----- ----------------------
FORD EXPLORER 2016
LINCOLN MKC 2015
FORD: Recalls F750 2015 and F650 2015 Models
--------------------------------------------
Starting date: March 31, 2016
Type of communication: Recall
Subcategory: Truck - Med. & H.D.
Notification type: Safety
Mfr System: Brakes
Units affected: 110
Source of recall: Transport Canada
Identification number: 2016139TC
ID number: 2016139
Manufacturer recall number: 16S15
On certain vehicles, the parking brake connector clip may be out
of hardness specification and could fracture when the parking
brake lever is applied. This could result in unintended vehicle
movement if the vehicle's transmission is not in the PARK gear
position, or if the vehicle is not equipped with a transmission
having a PARK position. Unintended vehicle movement could result
in injury and/or property damage. Correction: Dealers will install
a revised parking brake cable connector clip.
Make Model Model year(s) affected
---- ----- ----------------------
FORD F750 2015
FORD F650 2015
FRASER VALLEY: Recalls Ground Beef Products Due to E. Coli
----------------------------------------------------------
Starting date: March 24, 2016
Type of communication: Recall
Alert sub-type: Food Recall Warning
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Fraser Valley Meats
Distribution: British Columbia
Extent of the product distribution: Retail
CFIA reference number: 10495
Fraser Valley Meats is recalling lean and extra lean ground beef
from the marketplace due to E. coli O103 bacteria. Consumers
should not consume the recalled products described below.
The following products were sold from Fraser Valley Meats, 7481
Vedder Road, Chilliwack, 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.
Food contaminated with pathogenic E. coli may not look or smell
spoiled. Consumption of food contaminated with these bacteria may
cause serious and potentially life-threatening illnesses. Symptoms
include severe abdominal pain and bloody diarrhea. Some people may
have seizures or strokes and some may need blood transfusions and
kidney dialysis. Others may live with permanent kidney damage. In
severe cases of illness, people may die.
If you suspect you have become ill from eating a recalled product,
the Canadian Food Inspection Agency (CFIA) recommends contacting
your doctor.
There have been no reported illnesses associated with the
consumption of these products.
This recall was triggered by an investigation by British Columbia
Fraser Health. Fraser Health's Health Alert is published on their
website. The CFIA is conducting a food safety investigation, which
may lead to the recall of other products. If other high-risk
products are recalled, the CFIA will notify the public through
updated Food Recall Warnings.
Brand Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Fraser Lean Variable "Packed On" Variable
Valley Ground dates from
Meats Beef MR.05.16 to
MR.08.16,
inclusive
Fraser Extra Variable "Packed On" Variable
Valley Lean dates from
Meats Ground MR.05.16 to
Beef 93% MR.08.16,
Lean inclusive
Pictures of the Recalled Products available at:
http://is.gd/I8WV23
FT ZUMWALT: Faces Class Action Over Locker Room Videotapes
----------------------------------------------------------
Sarah Fenske, writing for Riverfront Times, reports that the
father of a boy who was secretly videotaped by a perverted math
teacher in the Ft. Zumwalt School District has filed a lawsuit
against the district and the teacher, hoping to get all 78 victims
certified as a class.
That would allow the suit to proceed as a class-action lawsuit --
and could lead to more than $11 million in claims against the
district.
The suit, which was filed in federal court on April 22, comes more
than two years after Matt Hansen pleaded guilty to attempted
production of child pornography. Prosecutors say the seventh
grade teacher volunteered to chaperone camp outings to the Cuivre
River State Park in Lincoln County, which included fifth-grade
students from Dardenne Elementary, Progress South Elementary and
Lewis & Clark Elementary. Mr. Hansen then hid video recording
equipment in the showers and in his bedroom at the camp, where he
had the boys dress after showering.
In October 2013, Hansen was sentenced to 20 years in prison
following a bizarre incident in which he attempted to flee to
Canada with the naked images saved on a thumb drive.
Between that, a subsequent suicide attempt by Hansen from atop a
cell phone tower (seriously) and the salacious nature of the
charges themselves, media attention surrounding the case was
intense.
The suit details the fallout for the victim who initiated the
suit, identified only as James Doe:
"[N]umerous students speculated he was a victim. The fellow
students ridiculed and referred to him as "porn star" openly in
front of teachers at the middle school. The teachers simply told
Plaintiff James Doe to ignore them, doing nothing to prohibit the
harassment."
The suit was filed by attorneys Larry A. Bagsby and Deborah Alessi
of St. Charles.
GENPACT SERVICES: Faces "Mahfood" Suit in Eastern Dist. New York
----------------------------------------------------------------
A lawsuit has been filed against Genpact Services, LLC. The case
is captioned Idelle McRae Mahfood, on behalf of herself and all
other similarly situated consumers, the Plaintiff, v. Genpact
Services, LLC, the Defendant, Case No. 1:16-cv-01951 (E.D.N.Y.,
April 20, 2016).
Genpact is a global firm which offers designing, transforming and
running business process operations.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395 3459
Facsimile: (718) 408 9570
E-mail: m@maximovlaw.com
HAMTRAMCK, MI: Court Denies Class Cert. Bid in "Serafino" Suit
--------------------------------------------------------------
District Judge Linda V. Parker of the United States District Court
for the Eastern District of Michigan denied without prejudice
Plaintiffs' motion for class certification in the case captioned,
CRAIG SERAFINO, WALTER TRIPP, and MICHAEL J. SZYMANSKI, on behalf
of themselves, and others similarly situated, Plaintiffs, v. CITY
OF HAMTRAMCK and CATHY SQUARE, Defendants, Case No. 14-14112 (E.D.
Mich.).
Plaintiffs initiated the instant putative class action lawsuit
against Defendants on October 24, 2014. In their Amended
Complaint, filed November 12, 2014, Plaintiffs allege that by
making changes to their retiree health care benefits, Defendants
violated Plaintiffs' rights under the United States Constitution
and breached contracts with Plaintiffs.
On April 9, 2015, Plaintiffs filed a Motion for Class
Certification pursuant to Federal Rule of Civil Procedure 23. The
parties also have filed cross-motions for summary judgment
pursuant to Federal Rule of Civil Procedure 56, to which response
briefs have been filed.
In her Opinion and Order dated March 23, 2016 available at
http://is.gd/vWaGWgfrom Leagle.com, Judge Parker concluded that
it is not evident from the parties' pleadings with respect to
class certification whether Defendants' challenged conduct impacts
these two groups in the same way and none of the named Plaintiffs
are over 65 years old so that the Court cannot conclude that their
claims are common and typical or that the named Plaintiffs are
adequate representatives of all putative class members.
Plaintiffs are represented by:
Keith D. Flynn, Esq.
Robert D. Fetter, Esq.
MILLER COHEN, PLC
600 W Lafayette Blvd #4,
Detroit, MI 48226
Tel: (313)964-4454
City of Hamtramck is represented by Brian M. Schwartz, Esq. --
schwartzb@millercanfield.com -- Michael A. Alaimo, Esq. --
alaimo@millercanfield.com -- and Richard W. Warren, Esq. --
warren@millercanfield.com -- MILLER, CANFIELD, John C. Clark, Esq.
-- jclark@gmhlaw.com -- and John T. Mihelick, Esq. --
tmihelick@gmhlaw.com -- GIARMARCO, MULLINS & HORTON, P.C.
HMG PARK: Faces Texas Lawsuit Seeking Overtime Pay Under FLSA
-------------------------------------------------------------
Maria Abeldano and Jeanine Pollion, Individually and On Behalf of
All Others Similarly Situated Plaintiffs, v. HMG PARK MANOR OF
WESTCHASE, LLC D/B/A PARK MANOR OF WESTCHASE, Case 4:16-cv-01044
(S.D. Tex., April 20, 2016), seeks to recover minimum wage and/or
overtime pay required under the Fair Labor Standards Act.
Defendant operates a nursing facility in Houston, Texas, commonly
known as Park Manor of Westchase.
The Plaintiffs are represented by:
David G. Langenfeld, Esq.
LEICHTER LAW FIRM, PC
1602 East 7th Street
Austin, TX 78702
Phone: (512) 495-9995
Fax: (512) 482-0164
E-mail: david@leichterlaw.com
HOSPIRA INC: Recalls Plum A+ Infusion Pumps
-------------------------------------------
Starting date: March 30, 2016
Posting date: April 15, 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-57956
Reason Affected products
Some Plum 360 and Plum A+ infusion pumps were not properly
calibrated during the manufacturing process. As a result, the
impacted pumps can potentially produce false proximal occlusion
alarms during cassette initialization (set-up of the therapy) or
the alarm may be delayed in the case of a proximal occlusion
during delivery (therapy).
Affected products:
A. Plum A+ Infusion Pump
Lot or serial number: More than 10 numbers, contact manufacturer.
Model or catalog number: 20792-13
20792-65
Manufacturer: Hospira Inc.
275 North Field Drive
Lake Forest
60045
Illinois
UNITED STATES
B. Plum 360 Infusion Pump
Lot or serial number: More than 10 numbers, contact manufacturer.
Model or catalog number: 30010-13
30010-65
Manufacturer: Hospira Inc.
275 North Field Drive
Lake Forest
60045
Illinois
UNITED STATES
JAGUAR: Recalls XF 2010 Models Due to Fire Hazard
-------------------------------------------------
Starting date: March 31, 2016
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Fuel Supply
Units affected: 2
Source of recall: Transport Canada
Identification number: 2016141TC
ID number: 2016141
Manufacturer recall number: J059
On certain vehicles, the fuel outlet flange mounted in the fuel
tank could be cracked. This could result in a fuel odour or leak
at the rear of the vehicle. Fuel leakage, in the presence of an
ignition source, could result in a fire causing injury and/or
property damage. Correction: Dealers will replace the fuel outlet
mounting flange with a component of a revised design.
Make Model Model year(s) affected
---- ----- ----------------------
JAGUAR XF 2010
JOHNS HOPKINS: More Info Needed from Women in Levy Settlement
-------------------------------------------------------------
The Associated Press reports that about 2,000 women who claim a
Maryland gynecologist secretly recorded them during pelvic exams
have been told to provide more information to participate in a
$190 million lawsuit settlement.
The women are among nearly 9,600 who said they were victimized by
Dr. Nikita Levy at a Johns Hopkins-affiliated clinic in Baltimore.
A judge approved a class-action lawsuit against Hopkins in 2014.
The Baltimore Sun reports that attorneys who spent months poring
over medical records sent letters to more than one-fifth of the
claimants, saying they found no documentation that they were
Dr. Levy's patients. The letter asks the women to fill out and
return a form. It also requests proof, such as test results or
insurance claims.
Dr. Levy killed himself in 2013 after the allegations emerged.
KO HUTS: Court Sends "Tiffany" Wages Suit to Arbitration
--------------------------------------------------------
Chief Magistrate Judge Joe Heaton sends the case, MICHAEL TIFFANY,
individually and on behalf of similarly situated persons,
Plaintiff, v. KO HUTS, INC., Defendant, No. CIV-15-1190-HE (W.D.
Okla.), to arbitration, at the behest of the defendant.
A copy of the Court's April 15, 2016 Order is available at
http://is.gd/wgG12tfrom Leagle.com.
Plaintiff Michael Tiffany filed this action on behalf of himself
and other delivery drivers for defendant KO Huts, which operates
Pizza Hut franchise stores in several states. He asserts claims
under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Sections
201-219, and under the Oklahoma Minimum Wage Act ("OMWA"), 40
Okla. Stat. Sections 197.1-197.14, to recover unpaid minimum
wages.
Defendant moved to compel individual arbitration. The Court said
further proceedings in this case are stayed pending completion of
the arbitration process.
Michael Tiffany, Plaintiff, represented by Taylor C McBride, Rice
Law Firm, Jack D McInnes -- mcinnes@paulmcinnes.com -- Paul
McInnes LLP, Mark A Potashmick, Weinhaus & Potaschmick, Taylor C
McBride, Rice Law Firm & Mark A Potashmick, Weinhaus &
Potaschmick.
KO Huts Inc, Defendant, represented by Boyd A Byers --
bbyers@foulston.com -- Foulston Siefkin LLP, Charles S Plumb --
charlie.plumb@mcafeetaft.com -- McAfee & Taft & Forrest T Rhodes,
Jr. -- frhodes@foulston.com -- Foulston Siefkin LLP.
Chisholm Enterprises Inc, Defendant, represented by Boyd A Byers,
Foulston Siefkin LLP & Forrest T Rhodes, Jr., Foulston Siefkin
LLP.
LA CANASTA: Faces "Bermudez" Suit for FLSA Violation
----------------------------------------------------
YESSIKA JEANNETH GUADAMUZ BERMUDEZ and all others similarly
situated under 29 U.S.C. 216(b), Plaintiff, vs. LA CANASTA LATINA
CORP, ROBERTA K CHAVEZ, Defendants, Case 1:16-cv-21405-DPG (S.D.
Fla., April 20, 2016), was filed under the Fair Labor Standards
Act.
LA CANASTA LATINA operates a convenience store.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Phone: (305) 865-6766
Fax: (305) 865-7167
E-mail: ZABOGADO@AOL.COM
MANHATTAN GROUP: Recalls Table Top Toy Due to Choking Hazard
------------------------------------------------------------
Starting date: March 31, 2016
Posting date: March 31, 2016
Type of communication: Consumer Product Recall
Subcategory: Toys
Source of recall: Health Canada
Issue: Choking Hazard
Audience: General Public
Identification number: RA-57648
This recall involves Manhattan Toy's Busy Loops Table Top Toy.
The Busy Loops toy is a colourful maze of soft plastic tubing and
moving rings with a suction cup bottom. The plastic tubing is
orange, green, blue and purple with plastic beads threaded on the
tubes that can slide up and down. The tubes sit on a blue plastic
base with an orange plastic suction cup. The toy is approximately
11.43 cm wide x 11.43 cm long x 17.78 cm high (4.5" W x 4.5"L x
7"H) and is intended for children 6+ months.
The toy can be identified by item number 700470 and UPC
011964476329, date code FH.
The round plastic beads can break into small pieces, posing a
choking hazard to young children.
Neither Health Canada nor Manhattan Group has received any reports
of consumer incidents or injuries in Canada.
Manhattan Group has received 2 reports of the plastic beads
breaking. No injuries have been reported.
For some tips to help consumers choose safe toys and to help them
keep children safe when they play with toys, see the General Toy
Safety Tips.
Approximately 448 of the recalled toys were sold in Canada and
approximately 2100 of the recalled toys were sold in the United
States.
The recalled toys were sold from September 2015 to January 2016 in
both Canada and the United States.
Place of origin
Manufactured in China.
Distributor: The Manhattan Group, LLC
Minneapolis
Minnesota
UNITED STATES
Manufacturer: Lorenz Toys Co. Ltd
Hong Kong
CHINA
Consumers should immediately take the recalled toys away from
children and return to the retail outlet where it was purchased
for a full refund.
For more information, consumers may contact The Manhattan Group,
LLC by telephone at 1-800-541-1345 between 8 a.m. and 5 p.m. CT,
Monday through Friday. Consumers may also visit the firm's
website for additional 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/dy7BSL
MEATING PLACE: Recalls Ground Beef Products Due to E. Coli
----------------------------------------------------------
Meating Place, a Buffalo, N.Y., establishment, is recalling
approximately 325 pounds of ground beef product that may be
contaminated with E. coli O157:H7, the U.S. Department of
Agriculture's Food Safety and Inspection Service (FSIS) announced.
The ground beef patties were produced on April 15, 2016. The
following product is subject to recall: [View Label (PDF Only)]
5-lb. boxes of "LORIGO BRAND BEEF PATTIES KEEP FROZEN THE MEATING
PLACE INC." with a package code of 120106.
The product subject to recall bears establishment number "Est.
8631" inside the USDA mark of inspection. The item was shipped to
retail and institutional locations in the Buffalo, NY area.
The problem was discovered by FSIS during routine in-plant review
of testing results. There have been no confirmed reports of
adverse reactions due to consumption of this product.
E. coli O157:H7 is a potentially deadly bacterium that can cause
dehydration, bloody diarrhea and abdominal cramps 2-8 days (3-4
days, on average) after exposure to the organism. While most
people recover within a week, some develop a type of kidney
failure called hemolytic uremic syndrome (HUS). This condition can
occur among persons of any age, but is most common in children
under 5-years old and older adults. It is marked by easy bruising,
pallor, and decreased urine output. Persons who experience these
symptoms should seek emergency medical care immediately.
FSIS and the company are concerned that some product may be frozen
and in consumers' freezers.
Consumers who have purchased these products are urged not to
consume them. These products should be thrown away or returned to
the place of purchase.
FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers. When available, the retail distribution
list(s) will be posted on the FSIS website at
www.fsis.usda.gov/recalls.
FSIS advises all consumers to safely prepare their raw meat
products, including fresh and frozen, and only consume ground beef
that has been cooked to a temperature of 160¯ F. The only way to
confirm that ground beef is cooked to a temperature high enough to
kill harmful bacteria is to use a food thermometer that measures
internal temperature, http://1.usa.gov/1cDxcDQ.
Media and consumers with questions regarding the recall can
contact Vincent Lorigo, President, at (716) 885-3623.
Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. The toll-free USDA Meat and
Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in
English and Spanish and can be reached from l0 a.m. to 4 p.m.
(Eastern Time) Monday through Friday. Recorded food safety
messages are available 24 hours a day. The online Electronic
Consumer Complaint Monitoring System can be accessed 24 hours a
day at: http://www.fsis.usda.gov/reportproblem.
METROPOLITAN LIFE: Final Settlement Approval Affirmed
-----------------------------------------------------
Justice Robert D. McLaren of the Appellate Court of Illinois
affirmed the trial court's final approval for the settlement in
the case captioned, SHAUN FAULEY, SABON, INC.; SANDY ROTHSCHILD
AND ASSOCIATES, INC.; DEBAUN DEVELOPMENT, INC.; and CHRISTOPHER
LOWE HICKLIN DC PLC, Individually and as the Representatives of a
Class of Similarly Situated Persons, Plaintiffs-Appellees, v.
METROPOLITAN LIFE INSURANCE CO., STORICK GROUP CO., THE STORICK
GROUP, SCOTT R. STORICK, and JOHN DOES 1-10, Defendants-Appellees,
(Judd Clayton, Jr., Objector-Appellant). SHAUN FAULEY, SABON,
INC.; SANDY ROTHSCHILD AND ASSOCIATES, INC.; DEBAUN DEVELOPMENT,
INC.; and CHRISTOPHER LOWE HICKLIN DC PLC, Individually and as the
Representatives of a Class of Similarly Situated Persons,
Plaintiffs-Appellees and Cross-Appellants, v. METROPOLITAN LIFE
INSURANCE CO., STORICK GROUP CO., THE STORICK GROUP, SCOTT R.
STORICK, and JOHN DOES 1-10, Defendants-Appellees, (Austin
Distributing, Objector-Appellant and Cross-Appellee), Case Nos.
2-15-0236, 2-15-0326 cons (Ill. App.).
Shaun Fauley, Sabon, Inc., Sandy Rothschild & Associates, Inc,
Debaun Development, Inc., and Christopher Lowe Hicklin DC PLC
(class representatives), individually and as the representatives
of a class of similarly situated persons, filed the lawsuit
against defendants, Metropolitan Life Insurance Company, Storick
Group Company, The Storick Group, Scott R. Storick, and John Does
1 through 10 alleging that MetLife sent facsimile advertisements
in violation of the Telephone Consumer Protection Act of 1991
(TCPA) (47 U.S.C. Sec. 227 (2012)) and seeking $500 in statutory
damages for each violation.
Two days after filing their complaint, the class representatives
filed a motion for "Preliminary Approval of Class Action
Settlement." The attached settlement agreement created a common
fund of $23 million to be paid by MetLife, from which the class
representatives' counsel, Anderson & Wanca (class counsel), would
receive approximately $7.6 million and each class representative
would receive $15,000. In addition, the settlement agreement
provided that C-Mart and Richard Cadenasso would each receive
$15,000 from the common fund. On August 7, 2014, the trial court
granted preliminary approval of the proposed settlement agreement,
certified the class, and found that the proposed forms of notice
satisfied the requirements of due process under the Illinois and
United States Constitutions and section 2-803 of the Code of Civil
Procedure.
Objectors, Judd Clayton, Jr., and Austin Distributing, objected to
the settlement reached by the class-action parties. The trial
court considered the objections and approved the settlement, which
included a common fund of $23 million and attorney fees of over
$7.6 million.
On appeal, objectors argue that the trial court erred by approving
the settlement, because: (1) the due-process rights of the class
were violated; (2) class counsel was inadequate; (3) the class
representatives were inadequate; and (4) the attorney-fee award
was excessive. The class representatives cross-appeal, arguing
that the trial court erred by denying their motion to strike
Austin's objection.
In his Opinion dated March 23, 2016 available at
http://is.gd/JAFC7Hfrom Leagle.com, Judge McLaren concluded that
the rial court did not abuse its discretion by approving the fee
award because the Objectors point to nothing in the record
indicating that the settlement was not fair, reasonable, and
adequate. The Court affirmance of the approval of the settlement
renders the failure to strike Austin's objection at worst de
minimis, and harmless, error.
MR DELI: "Pacheco" Suit Seeks to Recover Overtime, Minimum Pay
--------------------------------------------------------------
Alvaro Martinez Pacheco, individually and on behalf of others
similarly situated, Plaintiff, v. Mr. Deli Inc., Basheer Alabdi,
"Ralphy" and "Tony" Doe, Defendants, Case No. 1:16-cv-02929-RMB
(S.D.N.Y, April 20, 2016) seeks unpaid minimum and overtime wages,
liquidated damages, interest, attorney fees and costs pursuant to
the Fair Labor Standards Act of 1938 and applicable New York Labor
Laws.
M&R Deli is a Deli owned by Basheer Alabdi, "Ralphy" and "Tony"
Doe located at 1200 Morris Park Ave., Bronx, NY 10461, where
Pacheco worked as a cook. He alleges that he was denied overtime
compensation and accurate records of hours worked.
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, NY 10165
Tel: (212) 317-1200
MY BELLY'S: Faces N.Y. Suit Seeking OT Pay Under FLSA, N.Y. Law
---------------------------------------------------------------
TRANQUILINO CASTILLO ORTIZ, FERNANDO SANCHEZ FLORES AND ROBERTO
VELASQUEZ, individually and on behalf of others similarly
situated, Plaintiffs, v. MY BELLY'S PLAYLIST LLC. (d/b/a MY
BELLY'S PLAYLIST), TIPP ONE LLC. (d/b/a LILI O'BRIEN'S), SHAWN
REILLY, IAN BEHAR, RYAN SASSON and JOHN CAREY Defendants, Case
1:16-cv-02924-PAE (S.D.N.Y., April 20, 2016), seeks to recover
unpaid minimum and overtime wages pursuant to the Fair Labor
Standards Act, and the N.Y. Labor Law.
Defendants own, operate, or control two sandwich shops/catering
services located at 18 Murray Street, New York, New York 10007
under the names My Belly's Playlist and LiliO'Brien's
respectively.
The Plaintiffs are represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE &ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, NY 10165
Phone: (212) 317-1200
Fax: (212) 317-1620
MY LIMOUSINE: Faces "Culmone" Suit Alleging FLSA Violation
----------------------------------------------------------
LAWRENCE CULMONE, on behalf of himself and those similarly
situated, 7 Donna Drive East Hanover, NJ 07936 and MICHAEL
MCDERMOTT, on behalf of himself and those similarly situated,
38 Azimuth Court Holmdel, NJ 07733, Plaintiffs, v. MY LIMOUSINE
SERVICE, 235 Route 10 East East Hanover, NJ 07936 and GOGEL
ENTERPRISES, 231 Route 10 East Hanover, NJ 07936 and MURPHY
LIMOUSINE, c/o GOGEL ENTERPRISES, 231 Route 10 East Hanover, NJ
07936 and HOWARD GOGEL c/o GOGEL ENTERPRISES, 231 Route 10
East Hanover, NJ 07936 Defendants, Case 2:16-cv-02231-JMV-MF
(D.N.J., April 20, 2016), seeks redress under the Fair Labor
Standards Act.
My Limousine Service is an entity operating a transportation
company in New Jersey.
The Plaintiff is represented by:
Matthew D. Miller, Esq.
Justin L. Swidler, Esq.
Richard S. Swartz, Esq.
SWARTZ SWIDLER, LLC
1101 Kings Highway N., Suite 402
Cherry Hill, NJ 08034
Phone: (856) 685-7420
Fax: (856) 685-7417
NAT'L FOOTBALL: Concussion Settlement Faces Objections
------------------------------------------------------
Mike Florio, writing for NBC Sports, reports that the effort to
fight the concussion settlement officially entered the Hail Mary
phase, with the U.S. Court of Appeals for the Third Circuit
issuing a ruling upholding the agreement reached way back in
August 2013 to provide compensation for all retired NFL players
who qualify for it. Unfortunately, it appears that the folks
objecting to the resolution of the case will indeed be taking full
advantage of the slim-to-none chance at sending the case back to
district court for further proceedings.
Apart from the fact that the folks objecting to the deal should be
careful what they wish for, given the very real possibility (if
not probability) that the NFL would win the case on the merits if
forced to mount a full-blown defense, pursuing a rehearing before
the Third Circuit and then seeking review by the U.S. Supreme
Court will delay the two-and-a-half-year process even more.
Christopher Seeger, the lawyer representing the plaintiffs in the
class action, anticipates that the objections will continue.
"I expect the objectors to continue, unfortunately," Mr. Seeger
told Peter King of TheMMQB.com. "The legal system gives them
another crack at it -- two cracks, actually, if they choose to use
them."
Without further efforts to blow up the settlement, Mr. Seeger
believes checks will be issued in four months. If the objections
continue, the process could take another two years, Seeger
estimates.
The delays are causing some folks who expect to receive
significant awards to borrow against the future recovery at high
rates of interest, Seeger told King.
"As much as I would prefer that they not do it, because they are
going to get gouged, nonetheless you've got families who need it
for college or for the mortgage," Mr. Seeger said. "Families out
there need help."
That's precisely why the time has come for the process to end. The
former players objecting to the settlement need to engage in a
frank, candid cost-benefit analysis aimed at balancing the chances
of ending up with a better deal against the impact of another two-
year delay in consummating the current one.
Chances are the former players pushing against the objection don't
care, because under the pending deal they likely wouldn't be
eligible for a major payout (they could be later, if they develop
serious conditions like ALS or Alzheimer's). Here's what each of
the players pushing against the settlement should ask themselves:
How much do I really think I'll ever get under a new settlement
(or a future judgment) in the event we somehow manage to overturn
the settlement through a pair of desperation heaves to the end
zone?
Typically, a successful Hail Mary pass ends with a touchdown that
wins the game. In this case, completing the throw wouldn't mark
the end of the process but the beginning of a journey that will
result in paydirt in five, seven, 10 years or more -- with no
guarantee that anyone would ever get a dime from the NFL.
Except, of course, for the lawyers.
NIKE INC: "Taylor" Files Fraud Class Action
-------------------------------------------
Monika Taylor individually and on behalf of all others similarly
situated, v. Nike, Inc., Defendants, Case No. 3:16-cv-00661-MO (D.
Or., April 18, 2016), sues for fraud.
Plaintiff allege that Nike outlet stores make their prices seem
like a bargain by juxtaposing them against inflated numbers meant
to indicate retail prices
Nike is an athletic outfitter with stores and outlets globally.
The Plaintiff is represented by:
Shannon L. Armstrong, Esq.
J. Matthew Donohue, Esq.
MARKOWITZ HERBOLD PC
1211 S.W. Fifth Avenue, Suite 3000
Portland, OR 97204
Tel: (503) 295-3085
Fax: (503) 323-9015
Email: shannonarmstrong@mhgm.com
OXY RECKITT: ACCEH Holds Meeting to Discuss Class Action
--------------------------------------------------------
Yoo Shin-jae, writing for The Hankyoreh, reports that people with
health problems and family members who lost their loved ones in
connection with the use of humidifier disinfectant are planning a
class action lawsuit claiming damages from the South Korean
government and companies making and selling the product.
The Humidifier Disinfectant Victims' and Family Members'
Association and Asian Citizen's Center for Environment and Health
(ACCEH) held an ad hoc general meeting for victims and family
members at the education center of Seoul National University's
Yeongeon campus in Seoul's Jongno district on Apr. 24 to discuss
the class action suits. The environment and public health
committee of the group MINBYUN-Lawyers for a Democratic Society is
set to represent the plaintiffs.
While victims have filed individual suits against companies and
the state in the past, no legal action has yet been taken by
multiple victims collectively.
The Apr. 24 meeting was attended by over 100 victims from all over
South Korea.
"This is the first time so many victims have gathered together
since the humidifier disinfection issue was first raised in 2011,"
said Im Hong-gyu, a team director for ACCEH.
"We're planning to use what was discussed here to do as we begin
procedures, including plaintiff recruitment," Im added.
Environmental and consumer groups also threatened a large-scale
boycott of products by Oxy Reckitt Benckiser, the multinational
company implicated in most of the cases.
"Environmental and consumer groups are planning to come together
in force and hold a press conference on Apr. 25 to announce the
Oxy Reckitt Benckiser boycott," said Yeom Hyeong-cheol, secretary-
general of the Korean Federation for Environmental Movement.
Happy Coop Northeast chief director Kang Eun-gyeong stressed that
consumers "need to take it upon themselves not to buy if they want
to punish companies for making and selling anything so long as it
makes them money."
"I think this active boycott is about giving some consolation to
the victims and making sure nothing like this happens again," Kang
said.
Meanwhile, Lotte Mart, the first company to formally apologize in
connection with the disinfectant, announced on Apr. 24 that it had
finished setting up a team tasked with duties related to
compensation for related cases. The first activity planned for the
19-member team, which begins work on Apr. 25, will be to contact
victim groups.
Lotte Mart also announced that it had filed a formal objection to
a court compulsory mediation plan in an ongoing civil suit related
to the disinfectant.
"Paying hush money without precise standards for compensation in
place goes again the spirit of the apology and promise for
compensation," the company said.
"The decision to file the objection was based on the realistic
difficulties of formulating the compensation standards pledged by
the company before the settlement deadline for the current
mediation plan," it explained.
P.F. CHANG'S: 7th Cir. Revives "Lewert" Suit Over Data Breach
-------------------------------------------------------------
About two months after they dined at P.F. Chang's China Bistro, in
Northbrook, Illinois, John Lewert and Lucas Kosner received the
unwelcome news that the restaurant's computer system had been
hacked and debit and credit-card data had been stolen. Lewert and
Kosner brought separate suits, which were later consolidated,
seeking damages resulting from the theft on behalf of themselves
and a class.
Concluding that they had not suffered the requisite personal
injury, the district court dismissed for lack of standing. FED. R.
CIV. P. 12(b)(1). In light of Remijas v. Neiman Marcus Grp., LLC,
794 F.3d 688 (7th Cir. 2015), the U.S. Court of Appeals for the
Seventh Circuit reversed and remanded for further proceedings.
A copy of the Seventh Circuit's decision dated April 14 is
available at http://is.gd/A3C7Qyfrom Leagle.com.
The appellate case is JOHN LEWERT, on behalf of himself and all
others similarly situated, et al., Plaintiffs-Appellants, v. P.F.
CHANG'S CHINA BISTRO, INC., Defendant-Appellee, No. 14-3700 (7th
Cir.).
P.F. Chang's operates a chain of restaurants throughout the United
States.
PHH MORTGAGE: Must Face Racketeering Class Action, Judge Rules
--------------------------------------------------------------
Consuella Pachico, writing for Legal Reader, reports that a
Federal New Jersey Judge has ruled that, PHH Mortgage Corporation
must face a proposed class action lawsuit accusing it of
racketeering by charging excessive amounts for insurance
homeowners were forced to buy.
U.S. District Court Judge, Noel Hillman, rejected an argument by
PHH that the lawsuit was barred by the "filed-rate" doctrine,
which prohibits legal challenges to insurance rates that have been
filed with and approved by state regulators.
"While courts in some circuits have dismissed similar lawsuits
based on the filed-rate doctrine, the principle should not be used
to shelter mortgage servicers from liability for provable fraud,"
Mr. Hillman said.
The lawsuit is one of several across the country accusing mortgage
servicers of forcing insurance on homeowners, which increases the
servicer's profits, if a homeowner's own policy lapses.
The lawsuit said Mount Laurel, New Jersy based PHH entered into an
agreement in 1999 to exclusively use New York based Assurant Inc.
and its affiliates for force-placed hazard and wind insurance for
PHH customers.
"In return, Assurant agreed to pay PHH an "expense reimbursement"
which purported to cover expenses incurred by PHH in connection
with the force-placed insurance," the lawsuit said. The payments
covered salaries and benefits for PHH employees and served no
other purpose other than to provide kickbacks.
The lawsuit said homeowners were charged excessive insurance
premiums because they included the costs of PHH's unwarranted
profits. Mortgage contracts only allow servicers to pass on
actual costs of insurance provided.
Assurant's expense payments attracted the scrutiny of New York
state regulators in 2011. In a 2013 consent order with the New
York Department of Financial Services, Assurant agreed to stop the
payments and pay a $14 million penalty to resolve claims of
conflicts of interest in its force-placed insurance business.
Assurant settled without admitting or denying the charges.
The New Jersey lawsuit sought damages for breach of contract and
violations of the U.S. Racketeer Influenced and Corrupt
Organizations Act. It accused PHH of using the mails and wires to
mislead borrowers and defraud them into paying inflated insurance
charges.
In a motion to dismiss filed in October 2015, lawyers for PHH
claim that numerous courts are dismissing cases based on the
filed-rate doctrine.
"In a long line of cases, courts have found that consumers have no
legal right to dispute rates that have been approved by a
government agency," the lawyers said.
Judge Hillman rejected that argument.
"While other circuits have accepted the filed-rate defense, courts
in the 3rd Circuit have found it does not apply because plaintiffs
are not challenging rates but rather the lenders alleged scheme of
profiting from unjustified charges," Judge Hillman said.
The case is Burroughs et al v. PHH Mortgage Corp, U.S. District
Court, New Jersey District, No. 15-cv-6122.
PHILIPPINES: Faces Class Action Over Voters' Personal Data Hack
---------------------------------------------------------------
Rey E. Requejo and Sandy Araneta, writing for The Standard, report
that the Commission on Elections is facing a class action suit for
failing to secure the personal data of some 55 million registered
voters, which were stolen by hackers and made publicly accessible
on the internet.
During a forum on "Hacking the Philippine Electoral System,"
several information technology groups vowed to sue the Comelec,
saying the poll body should be held accountable for the data
breach.
The groups criticized the Comelec for its failure to institute the
needed security for its IT infrastructure, thus allowing hackers
to gain access to the sensitive information.
Apart from the names, addresses, birthdays, civil status and
passport numbers, other sensitive data relevant to the Comelec's
pending cases and even cash advances allegedly became downloadable
through the BitTorrent file sharing scheme and accessible to just
about anyone on the web.
Information security consultant Isaac Saab of Pandora Security
Labs lamented that the Comelec did not undertake the three basic
steps to tightly secure the privacy of the voter's information.
"First, they should use a more robust, upgraded system. The
present one was apparently too rudimentary. Then, there's auditing
the system. You should keep monitoring your system. And, third,
there's the exercise of due diligence so as not to lower your
guard," Mr. Saab said.
The IT groups signed a manifesto indicating their unity to
collectively monitor the Comelec's actions, especially with regard
to safeguarding the security of voters' identity.
A potentially disastrous data breach such as the one that hit the
Comelec cannot be ignored and those responsible for it should be
held liable, they said.
"Somebody should be held accountable, and that's the Comelec,"
said Tonyo Cruz of the group TXTPower.
The IT groups also called on the victims of the identity theft to
file similar action against the Comelec for its negligence.
"We are calling for a class suit. We are not sorry for taking
legal action against Comelec, because they are the very reason for
the litigation," Mr. Cruz said.
Toby Purisima, a cybercrime lawyer, said that legal action can be
initiated against the Comelec under the Data Privacy Act.
In this particular incident, Mr. Purisima said a betrayal of
public trust should be considered.
"Betrayal of public trust is an impeachable offense," which is
applicable to the chairman and commissioners of the Commission on
Elections, he said.
Besides, candidates who lose the May 9 elections may use the
hacking incident as ground for contesting the results or seek a
failure of election, said Reginald Tongol, former assistant
Cabinet secretary in the Presidential Communications Department
and Strategic Office.
Senate President Pro Tempore Ralph Recto on April 25 called on the
executive department to expedite the formulation of the country's
National Cybersecurity Plan and hire, the soonest time possible,
"bored" Filipino IT experts as "cyber-commandos."
Sen. Recto issued the appeal after a 20-year-old fresh IT graduate
who was arrested for hacking the Comelec website and admitted to
the crime and claimed he did it out of boredom.
"Instead of wasting their talents, these talented Filipino
internet experts should be employed by the executive department as
white hat hackers to protect us from real cyber-criminals," said
Recto, principal sponsor of the Congress-approved bill creating
the Department of Information and Communications Technology.
Sen. Recto said the DICT law mandates the creation of a
"Cybercrime Investigation and Coordination Center."
The DICT will also be tasked to formulate the "National
Cybersecurity Plan" and form the "National Computer Emergency
Response Team," which, Recto said, will serve as "our IT Special
Action Forces or cyber-commandos."
"This should be our priority, the formulation of a National
Cybersecurity Plan. Hacking is now a serious security threat, not
only in the Philippines but also in the global arena," Sen. Recto
said.
"What we have is a Balkanized system. Personnel investigating
cybercrimes are so few and, worse, dispersed among government
offices despite the increasing volume of transactions in all kinds
of commerce being done online," Sen. Recto said.
He cited the case of the Philippine National Police-Anti-
Cybercrime Group (PNP-ACG), which has a personnel complement of
110, "and this in a country where 70 million have social media
presence."
The National Bureau of Investigation, he said, is another
frontline office which needs more ICT investigators and equipment
to flag cybercrimes and tag those behind them.
"We now live in an era when terrorists don't have to blast bank
doors to do mayhem; but simply unleash a virus that could shred or
suck out financial data. An enemy with a missile is as dangerous
as one with malware," he said. "Countries we are not so friendly
with may target us and criminals will always want to hack their
way to our financial system."
He said the hack-attack on Bangladesh Bank shows that the threat
is real and that counter-measures against cybercrime are urgent.
"The poor man's ATM is vulnerable to hacking, too. There are
identity thefts victimizing ordinary people," Sen. Recto said,
citing "2014-2015 Cybercrime Report" prepared by the Justice
Department, which ranked the Philippines 39th among countries with
internet threat activities.
The PNP-ACG recorded an increase of 113 percent in cybercrime
statistics from 288 incidents in 2013 to 614 incidents in 2014.
The senator said the Bangko Sentral ng Pilipinas reported 2,872
cases of ATM fraud during that period.
The growing menace of cybercrime, "and the jobs that the ICT
sector can bring," Recto said, should prod congressional and
executive leaders to work for the immediate enactment of the DICT
bill and thereafter implement it without delay. With
Sandy Araneta
Sen. Recto said government can start organizing hack-fests, a
competition to probe government websites for weaknesses.
In addition to auditing the security features of these portals,
these hack-fests can serve as recruiting fairs for would-be
government IT workers.
"An idle mind is the devil's workshop and idle hands his tool. Let
us put the mind and the hands of the Filipino hackers to good use
through the DICT," the senator added.
Malaca§ang said on April 24 the Comelec is conducting appropriate
measures to ensure the integrity of the automated election system,
amid the recent hacking of the poll body's website and leaking of
voter data.
"It is the role of the Commission on Elections to ensure the
integrity and order of the upcoming elections," said
Communications Secretary Herminio Coloma Jr., chief of the
Presidential Communications Operations Office, during an interview
over state-run radio station dzRB Interview.
"The government trusts that the Comelec is conducting appropriate
measures to further strengthen the integrity of the automated
election system to be used in national elections on May 9," Mr.
Coloma said.
"[Saturday] the Comelec again conducted a simulation of the actual
election or mock election to promptly identify and address
possible hitches that may occur during Election Day," Mr. Coloma
also said.
Comelec spokesman James Jimenez said the agency could protect the
voters on May 9 despite the hacking of their website.
He assured voters that the information in their website does not
contain information that would affect their votes.
He said, the Comelec will use a different website during Election
Day on the poll result reporting.
PILGRIM'S PRIDE: Recalls Fully Cooked Chicken Products
------------------------------------------------------
Pilgrim's Pride Corp., a Waco, Texas establishment, is recalling
approximately 4,568,080 pounds of fully cooked chicken products
that may be contaminated with extraneous materials, including
plastic, wood, rubber, and metal, the U.S. Department of
Agriculture's Food Safety and Inspection Service (FSIS) announced
today.
The scope of this recall expansion now includes a variety of
chicken products associated with extraneous material
contamination. The chicken products were produced on various dates
between Aug. 21, 2014, to March 1, 2016. The following products
are subject to recall: [View Labels (PDF Only)]
30-lb boxes containing 5-lb clear bags of "6116 Gold Kist Farms
Fully Cooked Whole Grain Breaded Chicken Nuggets Nugget Shaped
Chicken Patties" with use by/sell by dates of 10/23/2016 and
03/01/2017, and packaging dates of 10/23/2015 and 03/01/2016.
20-lb boxes containing 5-lb clear bags of "6145 Gold Kist Farms
Menu Right Fully Cooked Whole Grain Breaded Chicken Nuggets
Breaded Nugget Shaped Chicken Patties" with use by/sell by dates
of 05/28/2016, and 04/27/2016 and packaging dates of 05/28/2015
and 04/27/2015.
--- 30-lb boxes containing 5-lb clear bags of "6253 Gold Kist
Farms Fully Cooked Whole Grain Homestyle Breaded Strip
Shaped Chicken Patties" with use by/sell by dates of
04/27/2016 and 08/06/2016, and packaging dates of
04/27/2015 and 08/06/2015.
--- 30-lb boxes containing 5-lb clear bags of "6353 Gold Kist
Farms Fully Cooked Whole Grain Homestyle Breaded Breakfast
Chicken Patties" with use/by sell by dates of 09/17/2016
and 09/21/2016 and packaging dates 09/17/2015 and
09/21/2015.
--- 30-lb boxes containing 5-lb clear bags of "6654 Gold Kist
Farms Fully Cooked Whole Grain Homestyle Breaded Chicken
Patty" with use by/sell by dates of 05/11/2016, 06/05/2016,
and 08/21/2015, and packaging dates of 05/11/2015,
06/05/2015, and 08/21/2014.
--- 30-lb boxes containing 5-lb clear bags of "66660 Gold Kist
Farms Fully Cooked Whole Grain Hot & Spicy Breaded Chicken
Patty" with use by/sell by date of 07/18/2016 and packaging
date of 07/18/2015.
--- 20-lb boxes containing 5-lb clear bags of "69160 Gold Kist
Farms Fully Cooked Whole Grain Popcorn Style Chicken Patty
Fritters" with use/by sell by dates of 08/19/2016 and
09/25/2016, and packaging dates of 8/19/2015 and
09/25/2015.
--- 10-lb boxes containing 5-lb clear bags of "70340 Pierce
Chicken Fully Cooked Breaded Chicken Tenderloins" with a
use by/sell by dates of 09/28/2016, 09/25/2016, and
11/09/2016, and packaging dates of 09/28/2015, 09/25/2015,
and 11/09/2015.
--- 30-lb boxes containing of 5-lb clear bags of "612100 Gold
Kist Farms Fully Cooked Whole Grain Breaded Chicken Nuggets
Nugget Shaped Chicken Patties" with use by/sell by dates of
07/11/2016, 11/09/2016, and 11/25/2016 and packaging dates
of 07/11/2015, 11/09/2015, and 11/25/2015.
--- 30-lb boxes containing 5-lb clear bags of "615300 Gold Kist
Farms Fully Cooked Whole Grain Home-style Breaded Chicken
Nuggets Nugget Shaped Chicken Patties" with use by/ sell by
dates of 10/08/2016, 10/09/2016, 10/03/2016, 10/20/2016,
11/24/2016, 10/01/2016, 10/16/2016, 10/14/2016, and
packaging dates of 10/08/2015, 10/01/2015, 10/16/2015,
10/09/2015, 10/03/2015, 10/20/2015, 11/24/2015, and
10/14/2015.
--- 30-lb boxes containing 5-lb clear bags of "625300 Gold Kist
Farms Fully Cooked Whole Grain Home-style Breaded Chicken
Strip Shaped Chicken Patties" with a use by/sell by date of
10/16/2016, and a packaging date of 10/16/2015.
--- 20-lb boxes containing 5-lb clear bags of "633100 Gold Kist
Farms Fully Cooked Whole Grain Home-style Breaded Breakfast
Chicken Breast Patties with Rib Meat" with a use by/sell by
date of 10/03/2016, and a packaging date of 10/03/2015.
--- 30-lb boxes containing 5-lb clear bags of "662100 Gold Kist
Farms Fully Cooked Whole Grain Breaded Chicken Patties"
with use by/sell by dates of 10/07/2016 and 08/13/2016, and
packaging dates of 10/07/2015 and 08/13/2015.
--- 30-lb boxes containing 5-lb clear bags of "665400 Gold Kist
Farms Fully Cooked Whole Grain Home-style Breaded Chicken
Patties" with use by/sell by dates of 10/06/2016,
07/24/2016, 07/01/2016, 07/25/2016, 08/29/2016, 09/12/2016,
12/02/2016, 12/21/2016, and packaging dates of 10/06/2015,
07/24/2015, 07/01/2015, 07/25/2015, 08/29/2016, 09/12/2016,
12/02/2016, 12/21/2016.
--- 30-lb boxes containing of 5-lb clear bags of "666600 Gold
Kist Farms Fully Cooked Whole Grain Hot & Spicy Breaded
Chicken Patties" with use by/sell by dates of 10/08/2016,
09/29/2015, 09/30/2016, and packaging dates of 10/08/2015,
09/29/2015, 09/30/2015.
--- 10-lb boxes containing 5-lb clear bags of "92105 Sweet
Georgia Brand FULLY COOKED WHOLE GRAIN BREADED CHICKEN
BREAST NUGGETS BREADED NUGGET SHAPED CHICKEN PATTIES WITH
RIB MEAT" with a use/by sell by date of 05/28/2016, and a
packaging date of 05/28/2015.
--- 10-lb boxes containing 5-lb clear bags of "92430 Sweet
Georgia Brand FULLY COOKED BREADED CHICKEN TENDERLOINS"
with use by/sell by dates of 09/28/2016, 11/09/2016, and
packaging dates of 09/28/2016, 11/09/2016.
--- 10-lb boxes containing 5-lb clear bags of "93406 Sweet
Georgia Brand FULLY COOKED WHOLE GRAIN POPCORN STYLE
CHICKEN PATTY FRITTERS" with a use by/sell by date of
05/28/2016 and a packaging date of 05/28/2015.
--- 10-lb boxes containing 5-lb clear bags of "94208 Sweet
Georgia Brand FULLY COOKED WHOLE GRAIN HOT AND SPICY
BREADED CHICKEN PATTY" with a use by date of 07/18/2016 and
a packaging date of 07/18/2015.
--- 10-lb boxes containing 5-lb clear bags of "96965 Sweet
Georgia Brand FULLY COOKED WHOLE GRAIN BREADED CHICKEN
NUGGETS NUGGET SHAPED CHICKEN PATTIES" with a use by/sell
by date of 10/14/2016 and a packaging date of 10/14/2015.
--- 10-lb boxes containing 5-lb clear bags of "96971 Sweet
Georgia Brand FULLY COOKED WHOLE GRAIN BREADED CHICKEN
BREAST PATTIES WITH RIB MEAT" with a use by/sell by date of
10/08/2016 and a packaging date of 10/08/2015.
--- 10-lb boxes containing 5-lb clear bags of "96973 Sweet
Georgia Brand FULLY COOKED WHOLE GRAIN BREADED CHICKEN
PATTIES" with use by/sell by dates of 07/24/2016,
07/01/2016, 12/02/2016, 09/12/2016, and packaging dates of
07/24/2015, 07/01/2015, 12/02/2015, 09/12/2015.
--- 10-lb boxes containing 5-lb clear bags of "96978 Sweet
Georgia Brand FULLY COOKED WHOLE GRAIN HOT AND SPICY
BREADED CHICKEN PATTIES" with use by/sell by dates of
10/08/2016 and 9/30/2016, and packaging dates of 10/08/2015
and 9/30/2016.
Additional information on production dates and case codes can be
found here.
On April 7, 2016, Pilgrim's Pride Corp recalled approximately
40,780 pounds of fully cooked chicken nuggets produced on Oct. 5,
2015. The following product is subject to recall:
20-lb. cardboard boxes containing two, 10-lb. clear plastic bags
of fully cooked chicken nuggets labeled as "GOLD KIST FARMS Fully
Cooked Whole Grain Popcorn Style Chicken Patty Fritters" with
package codes 5278105021, 5278105022, 5278105023, 5278105000, and
5278105001.
The products subject to recall bears establishment number "EST.
20728" inside the USDA mark of inspection. These items were
shipped for institutional use nationwide. According to Pilgrim's
Pride Corp. records, schools have purchased products through the
company's commercial channels.
The problem was first discovered after the firm received several
consumer complaints regarding plastic contamination of the chicken
nuggets. The firm notified FSIS personnel of the issue on April 6,
2016. FSIS personnel identified more affected product types and
dates of production after investigating additional consumer
complaints of foreign material contamination received by the
recalling firm.
There have been no confirmed reports of adverse reactions due to
consumption of these products. Anyone concerned about an injury or
illness should contact a healthcare provider.
Consumers who have purchased the recalled products are urged not
to consume them. These products should be thrown away or returned
to the place of purchase.
FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the products are no longer
available to consumers. When available, the retail distribution
list(s) will be posted on the FSIS website
atwww.fsis.usda.gov/recalls.
Consumers with questions about the recall can contact James Brown,
Consumer Relations Manager, at (800) 321-1470. Media with
questions about the recall can contact Cameron Bruett, Head of
Corporate Affairs, at (970) 506-7801.
Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov.The toll-free USDA Meat and
Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in
English and Spanish and can be reached from l0 a.m. to 4 p.m.
(Eastern Time) Monday through Friday. Recorded food safety
messages are available 24 hours a day. The online Electronic
Consumer Complaint Monitoring System can be accessed 24 hours a
day at: http://www.fsis.usda.gov/reportproblem.
PORSCHE: Recalls Cayenne 2011 Models Due to Crash Risk
------------------------------------------------------
Starting date: March 23, 2016
Type of communication: Recall
Subcategory: SUV
Notification type: Safety
Mfr System: Brakes
Units affected: 10370
Source of recall: Transport Canada
Identification number: 2016131TC
ID number: 2016131
Manufacturer recall number: AG02
On certain vehicles, a circlip at the brake pedal hinge may not
have been installed at the time of assembly. This could allow the
pivot pin to move out of position, which would allow the pedal to
wobble, and could fracture the brake pedal pivot through continued
use. A fractured hinge would allow the pedal to separate from its
pivot, which could lead to impaired brake function and increase
stopping distances, increasing the risk of a crash causing injury
and/or damage to property. Correction: Dealers will inspect and
add a circlip as necessary.
Make Model Model year(s) affected
---- ----- ----------------------
PORSCHE CAYENNE 2011
PPG INDUSTRIES: Settlement Fairness Hearing Set for July 20
-----------------------------------------------------------
District Judge William H. Orrick of the United States District
Court for the Northern District of California granted Plaintiffs'
Motion for Preliminary Approval of Class and Collective Action
Settlement and the pertinent materials filed with that motion in
the case captioned, HECTOR GARCIA, ROBERT CAHIGAL, BRIAN HOLLIDAY,
and TINA DIEMER, on behalf of themselves and all others similarly
situated, Plaintiffs, v. PPG INDUSTRIES, INC., Defendant, Case No.
3:15-cv-00319-WHO (N.D. Cal.).
The fairness hearing is set on July 20, 2016 at 2:00 p.m. and
plaintiffs are directed to file motion for final approval no later
than July 6, 2016.
In his Order dated March 23, 2016 available at http://is.gd/2dABVt
from Leagle.com, Judge Orrick found that the proposed California
Rule 23 Class meets the requirements of Rule 23(a) and Rule
23(b)(3) of the Federal Rules of Civil Procedure and certified the
classes of "Individuals employed by PPG Industries, Inc. and/or
any subsidiary (including PPG Architectural Finishes, Inc.) and/or
any predecessor (including Akzo Nobel Paints LLC) in California
during the period of January 22, 2011, through September 15, 2015,
and who were classified as non-exempt, excluding, however, all
Opt-in Plaintiffs and FLSA Class Members."
The Court appointed Named Plaintiffs Hector Garcia, Robert
Cahigal, and Tina Diemer, to serve as the Class Representatives,
Laura L. Ho, Byron Goldstein, William C. Jhaveri-Weeks, of the law
firm of Goldstein, Borgen, Dardarian & Ho and Bruce Fox and Andrew
Horowitz of the law firm of Obermayer Rebmann Maxwell and Hippel
LLC as class counsel and KCC Class Action Services, LLC as class
administrator.
Plaintiffs are represented by Laura L. Ho, Esq. --
lho@gbdhlegal.com -- Byron R. Goldstein, Esq. --
bgoldstein@gbdhlegal.com -- and William Copley Jhaveri-Weeks, Esq.
-- wjhaveriweeks@gbdhlegal.com -- GOLDSTEIN, BORGEN, DARDARIAN &
HO, Andrew J. Horowitz, Esq. -- andrew.horowitz@obermayer.com &
Bruce C. Fox, Esq. -- bruce.fox@obermayer.com -- OBERMAYER REBMANN
MAXWELL HIPPEL LLP
PPG Industries, Inc. is represented by Sophia Behnia, Esq. --
sbehnia@littler.com -- and Karin Morgan Cogbill, Esq. --
kcogbill@littler.com -- LITTLER MENDELSON, P.C.
PREMIER NUTRITION: California Consumers Class Certified for Now
---------------------------------------------------------------
District Judge Richard Seeborg granted, in part, a motion for
class certification and required further briefing in the case,
VINCENT D. MULLINS, et al., Plaintiffs, v. PREMIER NUTRITION
CORPORATION, Defendant, Case No. 13-cv-01271-RS (N.D. Cal.).
California-based Premier Nutrition manufactures, distributes, and
promotes Joint Juice, a drinkable supplement containing
glucosamine hydrochloride and chondroitin sulfate. Premier's
advertisements and packages encourage consumers to drink Joint
Juice to "keep cartilage lubricated and flexible" or "for healthy,
flexible joints."
Sonner asserts Joint Juice is nothing more than worthless snake
oil that does not and cannot provide any joint health benefits to
anyone. The inefficacy of the product, she contends, renders
Premier's advertisements false and misleading in violation of the
California's Unfair Competition Law ("UCL"), Cal. Bus. & Prof.
Code Sec. 17200, and the Consumer Legal Remedies Act ("CLRA"),
Cal. Civ. Code Sec. 1770. Sonner moved to certify a nationwide
class of consumers who purchased Joint Juice from March 1, 2009,
to the present.
Judge Seeborg said Sonner has satisfied her burden to prove that
the consumer claims she advances are amenable to classwide
adjudication and that common questions predominate.
"At the very least, a class of California consumers who have
purchased Joint Juice since March 1, 2009, will be certified. The
remaining question is whether the class should be larger. To
resolve this difficult question, the parties are requested to
submit supplemental briefing not to exceed fifteen pages,
addressing the questions identified [in the Court's order]," Judge
Seeborg said.
Sonner and Premier are directed to submit responses to this
request for additional briefing by May 6, 2016. Reply briefs will
not be permitted. The parties are reminded to limit their
discussion to the questions presented here and not to reargue any
issues previously decided by the Court.
A copy of the Court's April 15, 2016 Order is available at
http://is.gd/uDHhFffrom Leagle.com.
Vincent D. Mullins, Plaintiff, represented by Joseph Jeremy Siprut
-- jsiprut@siprut.com -- Siprut PC, Timothy G. Blood --
tblood@bholaw.com -- Blood Hurst & O'Rearden, LLC, Adam J. Levitt
-- alevitt@gelaw.com -- Grant & Eisenhofer P.A., Thomas Joseph
O'Reardon, II, Blood Hurst O'Reardon LLP, Todd David Carpenter,
Carpenter Law Group & Tyler Zanders -- tzanders@siprut.com --
Siprut PC.
The Carpenter firm may be reached at:
Todd David Carpenter, Esq.
Carpenter Law Group
402 West Broadway, 29th Floor
San Diego, CA 92101
Kathie Sonner, Plaintiff, represented by Timothy G. Blood, Blood
Hurst & O'Rearden, LLC & Thomas Joseph O'Reardon, II, Blood Hurst
O'Reardon LLP.
Premier Nutrition Corporation, Defendant, represented by Angel A.
Garganta -- aagarganta@Venable.com -- Venable LLP, Anton A Ware --
anton.ware@aporter.com -- Arnold Porter LLP, Daniel Scott Blynn --
dsblynn@Venable.com -- Venable LLP, pro hac vice & Guido Emerson
Toscano, Venable LLP; Jessica L. Grant, Venable LLP; Jonathan L.
Koenig -- jonathan.koenig@aporter.com -- Arnold and Porter LLP &
Trenton Herbert Norris -- trent.norris@aporter.com -- Arnold &
Porter LLP.
RAM: Recalls 1500 2015 Models Due to Crash Risk
-----------------------------------------------
Starting date: March 23, 2016
Type of communication: Recall
Subcategory: Light Truck & Van
Notification type: Safety
Mfr System: Steering
Units affected: 59
Source of recall: Transport Canada
Identification number: 2016129TC
ID number: 2016129
Manufacturer recall number: S19
On certain vehicles, the electric power steering (EPS) control
circuit board may have been contaminated during manufacturing.
This could result in an intermittent or permanent sudden loss of
power steering assist while driving. Steering control can be
maintained, as the vehicle will revert to a manual steering mode,
but will require greater driver effort. The sudden change in
steering effort may increase the risk of a crash causing injury
and/or property damage. Correction: Dealers will replace the EPS
rack and pinion gear assembly.
Make Model Model year(s) affected
---- ----- ----------------------
RAM 1500 2015
RE SPEC CORP: "Muniz" Suit Seeks Overtime Pay Under FLSA
--------------------------------------------------------
Pedro Muniz and Octavio S. Gonzalez on behalf of others similarly
situated, Plaintiff, v. Re Spec Corp., 3K Foods Inc., George
Kalogera, Thomas Kalogera, Dimitri Kalogera, Liliana Kalogera,
Stelio Kalogera, Defendants, Case No. 1:16-cv-02878 (S.D. N.Y.,
April 18, 2016), sues for denial of overtime compensation under
the Fair Labor Standards Act.
Re Spec Corp. is a New York Domestic Business Corporation located
at 517 Columbus Avenue, New York, NY 10024 doing business as
Jackson Hole.
The Plaintiff is represented pro se.
SALEM BROTHERS: Recalls Pistachio & Nuts Due to Sesame Seed
-----------------------------------------------------------
Starting date: March 24, 2016
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Sesame Seeds
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Salem Brothers
Distribution: National
Extent of the product distribution: Retail
CFIA reference number: 10493
Brand Common name Size Code(s) on UPC
name ----------- ---- product ---
----- ----------
Kasih Premium 450 g All codes where 6 253001 010439
Quality sesame is not
Halva declared on
Extra with the label
Pistachio
Kasih Premium 900 g All codes where 6 253001 010378
Quality sesame is not
Halva declared on
Extra the label
Vanilla
Kasih Premium 450 g All codes where 6 253001 010453
Quality sesame is not
Halva declared on
Super Extra the label
with Nuts
Kasih Premium 900 g All codes where 6 253001 010408
Quality sesame is not
Halva declared on
Super Extra the label
with Nuts
SHIPCOM WIRELESS: Faces Suit in Tex. Over Right to COBRA Coverage
-----------------------------------------------------------------
Justin Novick, individually, and on behalf of all other persons
similarly situated v. Shipcom Wireless, Inc., Case No. 4:16-cv-
01020 (S.D. Tex., April 15, 2016), is brought against the
Defendant for failure to provide notice to participants and
beneficiaries in the Health Insurance Plan with their right to
elect continuation coverage under the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA).
Shipcom Wireless, Inc. is a provider of integrated supply chain
execution software solutions, focusing on the automatic
identification and data collection (AIDC), radio frequency
identification (RFID), and enterprise mobility markets.
The Plaintiff is represented by:
Mark G. Lazarz, Esq.
Daryl J. Sinkule, Esq.
SHELLIST | LAZARZ | SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, TX 77046
Telephone: (713) 621-2277
Facsimile: (713) 621-0993
E-mail: mlazarz@eeoc.net
dsinkule@eeoc.net
SKI-DOO: Recalls EXPEDITION SE 2011 Models Due to Injury Risk
-------------------------------------------------------------
Starting date: March 24, 2016
Type of communication: Recall
Subcategory: Snowmobile
Notification type: Compliance
Mfr System: Lights And Instruments
Units affected: 2846
Source of recall: Transport Canada
Identification number: 2016133TC
ID number: 2016133
Certain snowmobiles may not comply with the requirements of Canada
Motor Vehicle Safety Standard (CMVSS) 1201 - Snowmobile Standards.
The front side reflectors may be partially obstructed by the
bumper. This could render the vehicle less visible to other
motorists during hours of darkness, possibly resulting in a crash
causing property damage and/or personal injury. Correction:
Dealers will install additional reflectors on the bumper.
Make Model Model year(s) affected
---- ----- ----------------------
SKI-DOO EXPEDITION SE 2011
SP AUSNET: Bushfire Victims Balk at Law Firm Over Payout Delays
---------------------------------------------------------------
Hedley Thomas, writing for The Australian, reports that survivors
of the 2009 Black Saturday bushfires have rounded on law firm
Maurice Blackburn amid a new bid to increase its legal fees from a
class action, which has led to the firm receiving a record amount
of about $100 million so far.
Kinglake survivor Vicki Ruhr said it was unacceptable that delays
in making payments to the victims, and subsequent courtroom events
to resolve the problems, were not explained or flagged to those
most affected.
Ms. Ruhr and two other survivors, Denis Spooner and Suzi Kerr,
criticized what they say has been a lack of transparency and
treatment of them as "mushrooms".
They said they were learning about developments from The
Australian instead of their lawyers.
The delays in paying the victims, amid ongoing legal costs billed
against a $500 million settlement in 2014 and a subsequent
additional $294m, were raised by Victoria's Supreme Court judge
Jack Forrest in a recent ruling but the clients were not alerted
to it by the firm.
Justice Forrest, who has broad oversight of the scheme run by
Maurice Blackburn, suggested improvements to speed up the
assessment and payment process.
He also rejected a bid by Maurice Blackburn to use its own
solicitors, instead of external lawyers, to take over assessments
of survivors' losses and damages.
The firm, which blames barristers for slowing the scheme, would
have generated more fees if its bid had succeeded.
Justice Forrest, who said the firm's conduct had been
"reasonable", ruled: "I think it is vital that any assessment of
(personal injury and dependency) claims be carried out by lawyers
independent of Maurice Blackburn.
"Until convinced otherwise, I am confident that there are
sufficient members of the Victorian Bar and experienced personal
injury solicitors who should be able to take up the challenge."
But Justice Forrest said for the firm to make payments early next
year or late this year there would need to be "an increase in the
rate of assessment completion", and a reduction in a "backlog of
outstanding assessments".
At an April case conference, he made orders approving payment of
$4,856,511.87 to Maurice Blackburn for ongoing administration
costs and disbursements for the five months to January this year.
A "special referee", a court-appointed costs assessor, has not
been independently auditing the firm's costs due to health issues.
Ms. Ruhr told The Australian on April 24 she was "simply unable to
comprehend why there appears to be very little actual regard" for
clients who had been waiting to be paid since settlement in mid-
2014.
"It seems that everyone has something to say except for the
plaintiffs," said the nurse, who was injured and lost her house.
"I'd anticipated we'd all be regularly advised of any serious
matters arising throughout the entire process. Communication is
key, especially as many of us are already traumatized and
struggling to make head or tail of the legal process surrounding
such a large class action. It is becoming increasingly difficult
for many of us to imagine a time free from the burden of the
bushfire legacy."
Ms. Ruhr said the class action was contributing to "an unhelpful
environment of disillusionment, angst and extra trauma for so many
bushfire-affected persons". She said she was losing faith in the
class action process.
Maurice Blackburn's spokesman said the firm was doing all in its
power to ensure payments to its clients were made as quickly as
possible from a scheme unprecedented in scale and complexity.
SP AUSNET: Bushfire Survivor Says Law Firm Must Put People First
----------------------------------------------------------------
Hedley Thomas, writing for The Australian, reports that
Denis Spooner, a survivor of the 2009 Black Saturday bushfires,
believes courts and lawyers have got a key part of the framework
for class actions wrong.
He says that putting a record settlement of $794 million under the
control of a class-action law firm, which earns more in legal fees
the longer its administration of the cash pile continues, is
unwise.
"I think it is a bit like leaving Dracula in charge of a blood
bank," Mr. Spooner, 66, said on April 24.
He lost his wife, Marilyn, son Damien and their home when the
fires swept through Strathewen in February seven years ago.
"We are being treated like mushrooms and told nothing while the
lawyers make their money.''
His partner, Suzi Kerr, said she wanted their law firm, Maurice
Blackburn, "to put the little person first like they claim in
their advertisements".
"They need a better understanding of how this is affecting
people," she said.
She said bushfires clients felt powerless in a lucrative process
that has so far seen about $100m from the settlement funds
pocketed by lawyers and expert witnesses, while hardly any has
been given to the victims yet.
They are frustrated that the bushfire survivors receive scarcely
any information about delays in paying the funds that are owed to
the firm's clients.
"There is really nobody consulting with us, representing us or our
interests," said a Kinglake survivor, Vicki Ruhr.
Mr. Spooner added: "The only people who are really winning here
are the lawyers.
"We don't know exactly what they are doing with that money."
STAPLES PROMOTIONAL: Recalls Power Banks Due to Fire Hazard
-----------------------------------------------------------
Starting date: March 24, 2016
Posting date: March 24, 2016
Type of communication: Consumer Product Recall
Subcategory: Electronics
Source of recall: Health Canada
Issue: Fire Hazard, Burn Hazard
Audience: General Public
Identification number: RA-57618
This recall involves the Power Bank PowerStation Deluxe. The Power
Bank has an 8800mAh lithium cobalt oxide battery. The product can
charge multiple electronic devices simultaneously such as a laptop
computer or cell phone and can also jump-start a vehicle. The
product also includes an LED flashlight feature. The recalled
product has item number XP-732 which can be found on the bottom of
the product. The product has "Michelin" printed on the top of the
product.
The recalled product's battery and cables can overheat and produce
smoke, posing a fire or burn hazard to consumers.
Health Canada has not received any reports of consumer incidents
or injuries related to the use of this product in Canada.
Staples Promotional Products Canada Limited has received one
report of the battery rupturing causing white smoke and three
reports of the AC adaptor cable becoming hot to the touch.
Approximately 175 units were distributed in Canada.
The product was distributed primarily by Michelin to Michelin
employees who attended the Michelin Business Conference in
Whistler, British Columbia during November 30, 2015 through
December 4, 2015.
Manufactured in China.
Distributor: Staples Promotional Products Canada Limited
Vaughan
Ontario
CANADA
Manufacturer: Superex Canada Limited
Willowdale
Ontario
CANADA
Pictures of the Recalled Products available at:
http://is.gd/qgvCLj
STRYKER NEUROVASCULAR: Recalls GDC-Guglielmi Detachable Coil
------------------------------------------------------------
Starting date: March 23, 2016
Posting date: April 4, 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-57764
Stryker Neurovascular has become aware that the incorrect DFU was
included with the above listed product. The general GDC DFU was
added to the product instead of the GDC 360 specific DFU. Both
DFU's are equivalent.
Affected products:
GDC-GUGLIELMI DETACHABLE COIL - (GDC) 360 DEGREE - GDC-10 DEGREE
SOFT COIL
Lot or serial number: 17074659
Model or catalog number: M0033471020SR0
Manufacturer: Stryker Neurovascular
47900 Bayside Parkway
Fremont
94538
California
UNITED STATES
B. GDC-GUGLIELMI DETACHABLE COIL - (GDC) 360 DEGREE - GDC-18 360
DEGREE COIL
Lot or serial number: 17469274
17614208
Model or catalog number: M00334811300
Manufacturer: Stryker Neurovascular
47900 Bayside Parkway
Fremont
94538
California
UNITED STATES
SYNTER RESOURCE: "Orzel" Sues Over Illegal Collection Practices
---------------------------------------------------------------
Usher Orzel on behalf of himself and all others similarly
situated, v. Synter Resource Group, LLC, Defendants, Case No.
1:16-cv-01893 (E.D. N.Y., April 18, 2016), sues over violations of
the Fair Debt Collection Act regarding collection of consumer
credit.
Synter Resource provides business process outsourcing (BPO)
services in receivables management. It is based in Charleston, SC
29406.
The Plaintiff is represented by:
Alan J. Sasson, Esq.
Law Office of Alan J. Sasson, P.C.
2687 Coney Island Avenue
2nd Floor
Brooklyn, NY 11235
Tel: (718) 339-0856
Fax: (347) 244-7178
Email: alan@sassonlaw.com
TRANSILVANIA TRADING: Recalls Orange and Raspberry Sticks
---------------------------------------------------------
Starting date: March 29, 2016
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Milk
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Transilvania Trading
Distribution: British Columbia
Extent of the product distribution: Retail
CFIA reference number: 10494
Transilvania Trading is recalling Trader Joe's brand Chocolate
Orange Sticks and Chocolate Raspberry Sticks from the marketplace
because they may contain milk which is not declared on the label.
People with an allergy to milk should not consume the recalled
products described below.
The following products 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.
If you have an allergy to milk, do not consume the recalled
products as they may cause a serious or life-threatening reaction.
There have been reported reactions associated with the consumption
of these products.
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 Common Size Code(s) on UPC
name name ---- product ---
----- ------ ----------
Trader Chocolate 510 g All codes 0084 7162
Joe's Orange Sticks
Trader Chocolate 510 g All codes 0084 7124
Joe's Raspberry
Sticks
Pictures of the Recalled Products available at:
http://is.gd/OftAzC
TRIAD GUARANTY: Court OKs "Phillips" Settlement, Allocation Plan
----------------------------------------------------------------
Judge N. Carlton Tilley, Jr., of the United States District Court
for
the Middle District of North Carolina granted Lead Plaintiff James
L.
Phillip's Motion for Final Approval of Class Action Settlement and
Approval of Plan of Allocation, after determining that the terms
and
conditions of the Stipulation of Settlement as well as the Plan of
Allocation are fair, reasonable, and adequate as to the Class.
A full-text copy of the Memorandum Opinion dated March 23, 2016 is
available at http://is.gd/yaASTbfrom Leagle.com.
The case is JAMES L. PHILLIPS, Individually and on Behalf of All
Others Similarly Situated, Plaintiff, v. TRIAD GUARANTY INC., MARK
K.
TONNESEN, and KENNETH W. JONES, Defendants, No.
1:09CV71(M.D.N.C.).
JAMES L. PHILLIPS, Plaintiff, represented by LESLIE BRUCE
MCDANIEL,
MCDANIEL & ANDERSON, LLP.
WESTERN PENNSYLVANIA ELECTRICAL EMPLOYEES PENSION FUND, Plaintiff,
is
represented by BRIAN O'MARA, Esq. -- BOmara@rgrdlaw.com -- ROBBINS
GELLER RUDMAN & DOWD LLP, JACK REISE, Esq. -- JReise@rgrdlaw.com -
-
ROBBINS GELLER RUDMAN & DOWD LLP, PAUL J. GELLER, Esq. --
PGeller@rgrdlaw.com -- ROBBINS GELLER RUDMAN & DOWD LLP, ELIZABETH
A.
SHONSON, Esq. -- EShonson@rgrdlaw.com -- ROBBINS GELLER RUDMAN &
DOWD
LLP, JEFFREY D. LIGHT, Esq. -- JLight@rgrdlaw.com -- ROBBINS
GELLER
RUDMAN & DOWD LLP, LESLIE BRUCE MCDANIEL, Esq. -- mcdas@mcdas.com
--
MCDANIEL & ANDERSON, LLP, MICHAEL L. GREENWALD, Esq. --
mgreenwald@gdrlawfirm.com -- GREENWALD DAVIDSON, PLLC & STEPHEN R.
ASTLEY, Esq. -- SAstley@rgrdlaw.com -- ROBBINS GELLER RUDMAN &
DOWD
LLP.
MARK K. TONNESEN, Defendant, is represented by RICHARD A. ROSEN,
PAUL
WEISS RIFKIND WHARTON & GARRISON, LLP, ROBYN TARNOFSKY, PAUL WEISS
RIFKIND WHARTON & GARRISON, LLP, WILLIAM K. DAVIS, BELL DAVIS &
PITT,
P.A. & DANIEL ALAN M. RULEY, BELL DAVIS & PITT, P.A..
KENNETH W. JONES, Defendant, is represented by RICHARD A. ROSEN,
Esq.
-- rrosen@paulweiss.com -- PAUL WEISS RIFKIND WHARTON & GARRISON,
LLP,
ROBYN TARNOFSKY, Esq. -- rtarnofsky@paulweiss.com -- PAUL WEISS
RIFKIND WHARTON & GARRISON, LLP, WILLIAM K. DAVIS, Esq. --
wdavis@belldavispitt.com -- BELL DAVIS & PITT, P.A. & DANIEL ALAN
M.
RULEY, Esq. -- aruley@belldavispitt.com -- BELL DAVIS & PITT,
P.A..
About Triad Guaranty
Winston-Salem, N.C.-based Triad Guaranty Inc. (OTC BB: TGIC)
-- http://www.triadguaranty.com/-- is a holding company that
historically provided private mortgage insurance coverage in the
United States through its wholly-owned subsidiary, Triad Guaranty
Insurance Corporation. TGIC is a nationwide mortgage insurer
pursuing a run-off of its existing in-force book of business.
In December 2012, the Company's mortgage insurer subsidiary, Triad
Guaranty Insurance Corporation, was placed into rehabilitation,
whereby the Illinois Department of Insurance was vested with
possession and control over all of TGIC's assets and operations.
On May 30, 2013, the magistrate judge for the U.S. District Court
of the Middle District of North Carolina issued an order denying
the Company's motion to dismiss a class action lawsuit against the
company and two of its former officers. Shareholders filed the
class action suit in 2009, claiming the company misled investors
about poor financial results caused by improper underwriting
procedures.
Triad Guaranty Inc. filed a Chapter 11 petition (Bankr. D. Del.
Case No. 13-11452) on June 3, 2013. The Company estimated assets
of at least $100 million and liabilities of less than $50,000.
Attorneys at Womble Carlyle Sandridge & Rice, LLP, serve as
counsel to the Debtor.
The Debtor said in court filings that it has no significant
operating activities, and has limited remaining cash and other
assets on hand. The Debtor has been exploring various strategic
alternatives, and will continue to do so from and after the
Petition Date.
The Debtor said that expenses primarily consist of legal fees,
fees paid to its board, annual premiums for directors' and
officers' liability insurance and general operating expenses. The
expenses range from $100,000 to $500,000 per quarter. Unless the
expenses are reduced, the Debtor expects to deplete all of its
remaining cash by the end of 2013 or earlier.
UNITED SERVICES: Holmes References 5 Cases in Sanction Order
------------------------------------------------------------
Mark Friedman, writing for Arkansas Business, reports that going
to Arkansas state courts to settle class-action cases and avoid
federal review has generated a total of $8.34 million in
attorneys' fees and expenses in five cases.
U.S. District Judge P.K. Holmes III referenced the five cases in
his April 14 order in which he announced his intent to sanction 16
attorneys involved in the case of Mark and Katherine Adams v.
United Services Automobile Association. That class-action case
had been pending in Holmes' court for 17 months before it was
dismissed from federal court in June 2015 and refiled the next day
in Polk County Circuit Court for settlement purposes.
While the attorneys maintained they didn't do anything wrong,
Holmes concluded that they dismissed the case for the improper
purpose of evading federal court review.
Holmes also concluded that the same strategy was used in other
class actions by attorneys who represented the plaintiffs in the
Adams' case. Those cases were first filed in state court and then
moved to federal court by the defendants, which is properly
allowed by federal law.
Defendants in class-action cases typically want to be in federal
court, where it's more difficult for the case to be certified as a
class action and settlements face more scrutiny from judges.
(USAA's defense attorneys weren't involved in the other cases that
Holmes cited.)
In each of the cases, a settlement was reached while the case was
still pending in federal court. And in each example, the
attorneys dismissed the case and refiled in state court, where a
proposed settlement soon followed.
The case of Adams v. USAA is typical. The fees paid to the
plaintiffs' attorneys totaled $1.85 million. And while USAA set
aside $3.4 million for the class members, the insurer only would
have to pay the customers who actually made claims -- and Judge
Holmes revealed that fewer than 5 percent of the roughly 15,000
class members bothered to fill out the paperwork.
Judge Holmes said the arrangement benefited "everyone but the
class members."
"The gamesmanship is improper in any case," Judge Holmes wrote.
"That it has become standard practice for some Respondents only
further convinces the Court that this conduct is an abuse of
judicial process."
Judge Holmes intends to sanction the attorneys only for their
behavior in the Adams case, but he said in his order that the
repeated use of the strategy 'bears on the degree of [attorneys']
bad faith."
Two of the cases he cited started in Miller County Circuit Court
and were transferred to federal court by the defendants. Those
cases ultimately returned to Miller County Circuit Court for
settlement purposes.
On Jan. 5, 2015, Miller County Circuit Judge Brent Haltom approved
a settlement against Lloyd's of London underwriters. Some of the
attorneys in that case were involved in the Adams' case: Matt Keil
and John Goodson, both of Texarkana, William Putman of
Fayetteville, Richard Norman and R. Martin Weber Jr., both of
Houston, and Jason Roselius of Oklahoma City. They split
$800,000, while the amount available to pay the class members was
$1.1 million. How many class members filed the claim forms
necessary to receive their share of the settlement is not known.
As in the USAA case, the insurance company got to keep any money
that was not claimed.
UNITED STATES: FAA Faces Hiring Discrimination Class Action
-----------------------------------------------------------
Candice Rund, writing for Newsday, reports that a revamped hiring
process for federal air traffic controllers that the government
says is designed to broaden the applicant pool is being assailed
by critics who say it has resulted in the selection of candidates
with no experience over graduates of rigorous aviation programs.
The Federal Aviation Administration says it changed the process
and added a personality test, called the Biographical
Questionnaire, as the first hurdle in hiring controllers in order
to get the best possible job candidates.
The test, officials said, measures risk tolerance, dependability,
cooperation, resilience, stress tolerance and other traits. It
was developed through years of research to predict pass rates at
the FAA Academy in Oklahoma City, the agency's principal training
facility, and whether a controller will be certified at his or her
first air traffic site.
The test asks questions about personality, education and high
school grades, according to people who have taken it.
The exam is open to anyone who is an English-speaking U.S. citizen
with a high school diploma and some work history. No aviation
experience is required. Those who pass are eligible to move to
the next step in the process of becoming an air traffic controller
-- taking the air traffic standardized aptitude test, or AT-SAT.
Controllers nationwide direct tens of thousands of daily flights
in a busy and complex airspace, managing separation between
airplanes that travel at hundreds of miles per hour. They make
split-second decisions based on weather and other factors. As of
May 2015, the annual mean wage for an air traffic controller in
New York was $133,050, according to the Bureau of Labor
Statistics.
Before the FAA changed the hiring protocol in 2014, the majority
of new air traffic control hires had served as controllers in the
military or graduated from an FAA-approved Collegiate Training
Initiative program -- resulting in associate's or bachelor's
degrees -- and were given preference in hiring because of that
experience.
Those applicants had to pass the eight-hour AT-SAT and sit for an
interview before being accepted into the 17-week FAA Academy. On-
the-job training typically occurs at their first facility, and it
can take about two years of that training to become a certified
professional controller.
Since 2014, any applicants with aviation degrees or military
service are now on equal footing with people without any
experience, because the first step to being hired means passing
the questionnaire.
In some cases, applicants with no experience are passing the
questionnaire while those with academic training degrees are not,
according to the Association of Collegiate Training Institutions,
a group of 24 CTI schools lobbying against the FAA's current
hiring policy.
"I have a couple of students who actually were air traffic
controllers in the military and failed that test," said Tom Daly,
dean of Dowling College's School of Aviation, which is one of 36
CTI schools but is not in the lobbying coalition. "How could you
be an air traffic controller for five years, very successfully,
and fail that test?"
Those who pass go on to take the AT-SAT. If they pass that, they
can be selected for the FAA Academy, subject to medical and
background checks. Those who fail the questionnaire must wait
until the next time the FAA hires -- usually once a year -- to
retake it. Applicants can continue to retake the questionnaire if
they fail it, but there is an age limit of 31 for new air traffic
control hires.
The change in hiring has angered Collegiate Training Initiative
graduates, especially those who had already scored well on the AT-
SAT and were on a preferred hiring list when the FAA announced it
would make the change. A federal reverse discrimination lawsuit
has been filed by the Mountain States Legal Foundation, a
nonprofit law group from Colorado, and its lawyers are seeking
class-action status.
Lawyers estimate they could have as many as 3,000 plaintiffs who
suffered from reverse discrimination, arguing the new hiring
process was adopted to increase diversity in the controller
workforce.
The lawsuit's lead plaintiff, Andrew J. Brigida, said he has two
aviation degrees and got a perfect score on the AT-SAT, but failed
the questionnaire twice and has not been able to enter the
academy.
"We have a statement from a leading FAA official that we quoted in
the complaint, and he said that they made this decision in order
to increase diversity," said attorney Jeffrey McCoy, referring to
a statement made by FAA public affairs specialist Tony Molinaro.
"The FAA said if you go to a CTI school and you pass the AT-SAT
that you will be eligible to go to training, and then after they
had done that, the FAA disqualified them not because of their
skills, but because they made a decision based on race," McCoy
said.
The FAA said Mr. Molinaro's statement was ill-informed and
mistaken and said in a statement that it makes hires solely based
on merit, not "on gender or racial goals."
Two years in, the new process has significantly increased the
representation of women and minorities in hiring, the agency said,
but a spokeswoman could not provide figures on the percentage of
certified controllers who are women or minorities.
A 2014 FAA report on using biographical data to hire controllers
said the AT-SAT has been problematic in the past because it "has
been found to be a hiring 'barrier' for African-American,
Hispanic/Latino, and female applicants."
A change was needed because the old hiring process was no longer
capable of predicting success in future controllers, the FAA said.
One benefit of the questionnaire, the agency said in a statement,
is it has "little adverse effect on any discrete group or subgroup
of test-takers."
Using biodata from the questionnaire -- such as information about
high school GPA, work and life experience, and work habits -- to
sift through and eliminate candidates also cuts down on the cost
of administering the AT-SAT, the FAA said.
The FAA report said the strongest predictors of success are a high
score on the AT-SAT, in which 70 percent is considered passing,
and the trainee's age -- the younger, the better. After
accounting for those factors, the report found trainees with
college degrees were no more likely to succeed in controller
training than those without.
And the qualities that lead to success in a CTI degree program,
the FAA said, aren't the same as those tested with the combination
of the AT-SAT and Biographical Questionnaire. The AT-SAT measures
cognitive abilities, skills and knowledge of air traffic control
scenarios. The questionnaire seeks information on work habits,
education and other factors the FAA says correlate with success.
According to 2015 FAA data obtained by the Association of
Collegiate Training Institutions, a larger percentage of white
applicants passed the test than any other defined racial group.
Almost 31 percent of the 10,384 white people who took it passed in
2015, compared with 26 percent of those who said they were
multiethnic, 24 percent of Hispanics, and about 21 percent of
African-Americans, Asians and American-Indians.
Enrollment at some College Training Initiative schools has dropped
since the questionnaire began to be given, program directors said.
"Most of the schools across the board have seen a decline in
enrollment overall, we've all seen a decline because again there's
no incentive on the back end to get hired," said
Sam Fischer, president of the Association of Collegiate Training
Institutions and head of the CTI program at Florida State College
in Jacksonville. "We've seen a decrease in enrollment, but I
think the students we have are the motivated ones."
Members of the House of Representatives have supported a proposed
measure to end using the questionnaire. The bill, sponsored by
Rep. Randy Hultgren (R-Illinois) and with bipartisan support from
28 members, would end the FAA's use of the questionnaire to screen
applicants, and revert to previous hiring practices, giving
preference to military controllers and CTI graduates.
In addition, the inspector general for the Department of
Transportation is investigating the FAA's justification for
adopting the questionnaire and the changes it created in the
hiring pool. That report is due this spring, a spokesman for
Mr. Hultgren said.
One former Collegiate Training Initiative school student, who did
not want to be identified because he still hopes to become an air
traffic controller, said he has taken the questionnaire twice and
failed both times.
"It's a lot of money I pretty much threw away. . . . If I would
have known, I would have gone to school for something else," said
the student, who works in a Northeast air traffic control
facility.
FAA officials say the questionnaire is fair to CTI graduates. FAA
Administrator Michael Huerta said 65 percent of the class that got
tentative job offers in 2014, the first year the questionnaire was
offered, were CTI graduates, military or had aviation backgrounds.
Collegiate Training Initiative graduates also got tentative offers
at three times the rate of other applicants that year, Mr. Huerta
said.
The new hiring practice was adopted during what the controllers
union has called a "crisis level" staffing shortage. Controller
numbers have fallen 10 percent since 2011 to about 10,800 fully
certified controllers nationwide as of September 2015, the union
said, and many facilities that manage the most congested airspace
are below minimum requirements -- New York's Terminal Radar
Approach Control center in Westbury had 150 certified controllers
when the minimum range for staffing is 173, according to a January
government watchdog audit.
One-third of controllers are also eligible to retire, with a
mandatory retirement age of 56. The FAA has said it is working to
hire several thousand additional controllers over the next several
years to offset future retirements.
Minimum requirements for air traffic control hires:
-- Must be a U.S. citizen
-- Must start at the FAA Academy no later than your 31st
birthday
-- Must pass a medical examination and security investigation
-- Must have three years of "progressively responsible" work
experience, or a bachelor's degree, or a combination of work and
postsecondary schooling that equals three years
-- Must pass the FAA air traffic pre-employment tests
-- Air traffic control specialists have a mandatory retirement
age of 56.
VIZIO INC: "Walsh" Sues Over Illegal Data Gathering
---------------------------------------------------
John Walsh, on behalf of himself and all others similarly
situated, Plaintiff, v. Vizio, Inc., Defendant, Case No. 1:16-cv-
10758 (D. Mass., April 20, 2016), seeks for monetary damages,
injunctive relief, legal and equitable relief including costs and
attorney's fees for violation of the Video Privacy Protection Act
and applicable state consumer protection laws, including
Massachusetts General Laws.
Plaintiff bought E-Series Vizio Smart TV, model number E400i-B2.
It is connected to the Internet and has been allegedly collecting
and selling viewing data without consent.
Vizio, Inc. is a corporation duly organized and existing under the
laws of the State of California with its headquarters and
principal place of business located at 39 Tesla, Irvine,
California 92618.
The Plaintiff is represented by:
Ethan Moore, Esq.
28 Grant St, Suite #2
Somerville, MA 02145
Telephone: (978) 387-5208
Facsimile: (877) 796-6154
Email: ethan.r.moore@gmail.com
- and -
Joseph Henry Bates, Esq.
CARNEY BATES & PULLIAM, PLLC
2800 Cantrell, Suite 510
Little Rock, AR 72202
Telephone: (501) 312-8500
Facsimile: (501) 312-8505
Email: hbates@cbplaw.com
VOLKSWAGEN: Recalls Passat 2012 Models
--------------------------------------
Starting date: March 23, 2016
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Electrical
Units affected: 11693
Source of recall: Transport Canada
Identification number: 2016132TC
ID number: 2016132
Manufacturer recall number: 23T3
Certain vehicles may have been equipped with an underbody sensor
containing an improperly assembled seal which could allow water to
penetrate and corrode the electrical terminals. This could lead to
an electrical short causing the Malfunction Indicator Light (MIL)
to illuminate in the vehicle and cause the circuit to overheat,
increasing the risk of fire causing injury and/or damage to
property. Correction: Dealers will inspect and if necessary
replace the affected connector.
Make Model Model year(s) affected
---- ----- ----------------------
VOLKSWAGEN PASSAT 2012
VOLKSWAGEN AG: Attorney Urges EU Customers to Join Emissions Suit
-----------------------------------------------------------------
William Boston, writing the Wall Street Journal, reports that
Volkswagen AG is a step closer to resolving its emissions-related
legal woes in the U.S., but in Europe its troubles may be just
beginning.
Volkswagen said it was taking a EUR16.9 billion ($18.85 billion)
charge against 2015 earnings, pushing the company to a record
loss.
The lion's share of the provision is to pay for all known costs
associated with its emissions-cheating scandal, including a
landmark deal in principle to give U.S. customers the option of
selling their car back to Volkswagen or having it fixed.
"We haven't reached the finish line, but we have paved the way to
resolve our legal issues in the U.S.," Volkswagen Chief Executive
Matthias Mueller, told employees in a letter sent to staff on
April 22 that was seen by The Wall Street Journal.
Not included in that accounting are potential costs from lawsuits
in Europe. Volkswagen thus far is offering no compensation to car
owners other than pledging to repair the vehicles.
Michael Hausfeld, a renowned class-action attorney in the U.S.,
launched a website to sign up Volkswagen's disgruntled European
customers, investors and other parties damaged when U.S.
authorities disclosed in September that the car maker rigged
diesel engines to cheat on emissions tests.
Once registered with the law firm, plaintiffs could become part of
a civil suit in Germany in an effort to win the same compensation
for around 8.5 million Volkswagen customers in Europe as the
nearly 500,000 customers in the U.S. affected by the scandal.
"Europeans are not second-class customers," said Christopher
Rother -- christopher.rother@hausfeld.com -- a partner and
director of the Berlin office of Hausfeld Rechtsanwalte LLP.
Mr. Mueller on April 22 said he couldn't comment on any potential
costs beyond what the company has calculated for 2015.
The car maker has argued in German courts, however, that it
doesn't believe the software changes to its diesel engines --
considered an illegal defeat device in the U.S. -- were illegal in
Europe.
So far, no consumer lawsuits have been permitted to move forward
in a European courtroom, but regulators and politicians from
Brussels to Berlin are angry that Volkswagen is still resisting
compensation for European customers.
"We have just seen that consumer rights, and the environment by
the way, are being protected better and more efficiently in the
U.S. than in Germany," Juergen Trittin, a former German
environment minister, said after the U.S. deal was announced.
The British government also complained after Volkswagen announced
its plan to compensate U.S. customers but was silent about
customers in Europe.
"We expect VW to take every step necessary to protect its U.K.
customers and address their concerns, and have sought assurances
that VW are taking the necessary remedial action, including
vehicle fixes and compensation where appropriate," a spokesperson
for the U.K. Department of Transportation said.
Volkswagen has presented a plan to the German motor vehicle
agency, or KBA, for a technical fix for diesel-powered cars in
Europe. But the Flensburg, Germany-based KBA hasn't approved the
fix because it appears to cause fuel consumption to worsen.
WPP GROUP: "Kuntzmann" Sues Over Illegal Data Gathering
-------------------------------------------------------
Robyn Kuntzmann, Linda Bunch, on behalf of themselves, and a class
of similarly situated persons, Plaintiffs, v. WPP Group USA, Inc.,
The Interpublic Group Of Companies, Inc., Alphonso, Inc., Tapad,
Inc., iSpot.TV, Inc., Lotame Solutions, Inc., Xaxis, Inc.,
Tubemogul, Inc., Audience Xpress LLC, Vizio Holdings, Inc, Vizio,
Inc., Vizio Inscape Services, LLC, Vizio Inscape Technologies,
LLC, Cognitive Media Networks, Inc. and DOES 1 - 50, inclusive,
Defendants, Case No. 8:16-cv-00750 (C.D. Cal., April 20, 2016),
seeks to enjoin further distribution, marketing and sales of non-
compliant Vizio Smart TVs. The suit also seeks compensatory,
exemplary, punitive, statutory penalties and damages, including
interest, refund with interest, reasonable attorney fees,
disgorgement of ill-gotten profits and such other relief under the
Video Privacy Protection Act, California Consumer Records Act,
Unfair Competition Law, Consumer Legal Remedies Act and Electronic
Communications Privacy Act.
Vizio Holdings Inc. is a marketer of electronics including Smart
TVs. Vizio acquired Cognitive Media Networks, Inc., a software
provider based in San Francisco that enables Vizio TV Inscape data
services. Plaintiffs allege that Vizio has partnered with WPP
Group USA, Inc. The Interpublic Group of Companies, Inc.,
Alphonso, Inc., Tapad, Inc., iSpot.tv, Inc., Lotame Solutions,
Inc., Xaxis, Inc., TubeMogul, Inc. and Audience Xpress LLC to
collect, synthesize, sell and otherwise disclose customer data.
These companies are into digital marketing/advertising.
The Plaintiff is represented by:
C. Brooks Cutter, Esq.
John R. Parker, Jr., Esq.
CUTTER LAW P.C.
401 Watt Avenue
Sacramento, CA 95864
Telephone: (916) 290-9400
Facsimile: (916) 588-9330
Email: bcutter@cutterlaw.com
jparker@cutterlaw.com
* Tel Aviv Pub Fined Over Failure to Post No Smoking Signs
----------------------------------------------------------
Judy Siegel-Itzkovich, writing for The Jerusalem Post, reports
that a class action against a Tel Aviv pub has resulted in a NIS
50,000 fine against the establishment for failing to prevent
widespread smoking on the pub's two floors.
The pub, at Allenby St. 99, was fined even though it posted the
required No Smoking signs.
The defendant and the plaintiff reached a compromise in the Tel
Aviv District Court, after Judge Shoshana Almagor ruled against
the drinking establishment.
The plaintiffs were represented by lawyer Amos Hausner, who is the
head of the Israel Council for the Prevention of Smoking.
The NIS 50,000 was donated to Avir Naki, a veteran organization
that fights illegal tobacco smoking in public places.
The man who filed the suit, Moshe Cohen, sent a private detective,
Dov Kfir, to go to the pub and collect evidence against the
owners. Mr. Kfir, using a hidden camera, noted during his visit
last May that despite the signs, customers were smoking
everywhere, with no attempt by barmen, waiting staff or management
to get the violators to put out their cigarettes.
There were ashtrays full of cigarette butts that had been set down
throughout the pub, thus encouraging customers to light up. The
air throughout the establishment was smoky, and there was no
separate "smoking room" anywhere in the pub, Mr. Kfir testified.
When Mr. Kfir asked staffers why there was smoking despite No
Smoking signs on the walls, he was told that the signs had been
required by the law.
Asbestos Litigation
ASBESTOS UPDATE: Bid to Junk Law Firm's Suit Partially OK'd
-----------------------------------------------------------
Defendant and Counter-Claimant Vasquez, Estrada & Conway LLP is a
law firm in San Rafael, California that was founded in 2001. The
three equity partners of VEC, Michael A. Vasquez, Michael J.
Estrada, and Patricia Kantor Conway, are Counter-Claimants in the
action captioned WESTPORT INSURANCE CORPORATION, Plaintiff, v.
VASQUEZ, ESTRADA AND CONWAY LLP, Defendant, Case No. 15-cv-05789-
JST (N.D. Calif.). Counter-Defendants Westport Insurance
Corporation and Swiss Re Corporate Solutions America are insurance
companies. Westport is a wholly owned subsidiary of Swiss.
Westport and Swiss Re bring a motion to dismiss.
Vasquez has represented Hill Brothers Chemical Company in asbestos
litigation since 1996. On April 30, 29180, Hill Brothers and
Westport became parties to a "Multi-Line Liability Excess
[Insurance] Policy" with liability limits of $9.5 million. VEC
alleges that the policy made Westport liable for legal costs
related to asbestos litigation but that Hill Brothers, and not
Westport, had the right to select counsel for Hill Brothers.
The Court grants in part and denies in part Westport and Swiss
Re's motion to dismiss. The claims for fraud, negligent
misrepresentation, and intentional infliction of emotional
distress are dismissed with leave to amend. The claims for
defamation, intentional interference with contractual
relationship, intentional interference with prospective business
advantage, and all claims against Swiss Re are not dismissed.
The case is WESTPORT INSURANCE CORPORATION, Plaintiff, v. VASQUEZ,
ESTRADA AND CONWAY LLP, Defendant, Case No. 15-cv-05789-JST (N.D.
Calif.). A full-text copy of the April 8, 2016, Order penned by
Judge Jon S. Tigar is available at http://is.gd/mrbF7xfrom
Leagle.com.
Westport Insurance Corporation, a Missouri Corporation, Plaintiff,
represented by Craig Joseph de Recat, Esq. -- cderecat@manatt.com
-- Manatt Phelps et al LLP, Katrina Nicole Dela Cruz, Esq. --
kdelacruz@manatt.com -- Manatt Phelps & Phillips, LLP & Matthew P.
Kanny, Esq. -- mkanny@manatt.com -- Manatt Phelps & Phillips, LLP.
Vasquez, Estrada and Conway LLP, Defendant, represented by Heather
Rosing, Esq. -- hrosing@KlinedinstLaw.com -- Klinedinst Law
Offices, Michael A Vasquez, Vasquez Estrada & Company LLP & Frank
Christian Olah, Esq. -- FOlah@KlinedinstLaw.com -- Klinedinst PC.
Michael A Vasquez, Counter-claimant, represented by Donald W.
Carlson, Esq. -- dcarlson@ccplaw.com -- Carlson Calladine &
Peterson LLP, Eric Koji Iwasaki, Carlson Calladine & Peterson LLP,
Frank Christian Olah, Klinedinst PC & Robert Mark Peterson, Esq. -
- rpeterson@ccplaw.com -- Carlson Calladine & Peterson LLP.
Michael J Estrada, Counter-claimant, represented by Donald W.
Carlson, Carlson Calladine & Peterson LLP, Eric Koji Iwasaki,
Carlson Calladine & Peterson LLP, Frank Christian Olah, Klinedinst
PC, Robert M. Peterson, Carlson Calladine & Peterson LLP & Robert
Mark Peterson, Carlson Calladine & Peterson LLP.
Patricia Kantor Conway, Counter-claimant, represented by Donald W.
Carlson, Carlson Calladine & Peterson LLP, Eric Koji Iwasaki,
Carlson Calladine & Peterson LLP, Frank Christian Olah, Klinedinst
PC, Robert M. Peterson, Carlson Calladine & Peterson LLP & Robert
Mark Peterson, Carlson Calladine & Peterson LLP.
Vasquez, Estrada and Conway LLP, Counter-claimant, represented by
Donald W. Carlson, Carlson Calladine & Peterson LLP, Heather
Rosing, Klinedinst Law Offices, Eric Koji Iwasaki, Carlson
Calladine & Peterson LLP, Frank Christian Olah, Klinedinst PC,
Robert M. Peterson, Carlson Calladine & Peterson LLP & Robert Mark
Peterson, Carlson Calladine & Peterson LLP.
Swiss Re Corporate Solutions Americas Holding Corporiation,
Counter-defendant, represented by Craig Joseph de Recat, Manatt
Phelps et al LLP & Matthew P. Kanny, Manatt Phelps & Phillips,
LLP.
Westport Insurance Corporation, a Missouri Corporation, Counter-
defendant, represented by Craig J DeRecat, Manatt Phelps &
Phillips, LLP, Craig Joseph de Recat, Manatt Phelps et al LLP,
Katrina Nicole Dela Cruz, Manatt Phelps & Phillips, LLP & Matthew
P. Kanny, Manatt Phelps & Phillips, LLP.
ASBESTOS UPDATE: John Crane Amicus Curiae Brief Accepted
--------------------------------------------------------
In IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION relating to
RUBY E. KONSTANTIN, ETC., Respondent, v. 630 THIRD AVENUE
ASSOCIATES, ET AL., Defendants, TISHMAN LIQUIDATING CORPORATION,
Appellant, the Court of Appeals of New York, a court decision
dated March 31, 2016, granted the motion of John Crane Inc. for
leave to appear amicus curiae on the appeal only to the extent
that the proposed brief is accepted as filed. Three copies of the
brief must be served and an original and nine copies filed within
seven days. A full-text copy of the Decision is available at
http://is.gd/TZaI6Efrom Leagle.com.
ASBESTOS UPDATE: CBS Can File Amicus Curiae Brief in "Dummitt"
--------------------------------------------------------------
In IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION relating to
DORIS KAY DUMMITT, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF
RONALD DUMMITT, Deceased, Respondent, v. A.W. CHESTERTON, ET AL.,
Defendants, CRANE CO., Appellant, Motion No. 2016-346 (N.Y. App.),
the Court of Appeals of New York, a decision dated March 31, 2016,
granted the motion by CBS Corporation for leave to file an amicus
curiae brief on the appeal and the proposed brief is accepted as
filed. Three copies of the brief must be served and an original
and nine copies filed within seven days.
A full-text copy of the Decision is available at
http://is.gd/wJOQXRfrom Leagle.com.
ASBESTOS UPDATE: CBS Can File Amicus Curiae Brief in "Suttner"
--------------------------------------------------------------
In IN THE MATTER OF EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION
relating to JOANN H. SUTTNER, ETC., Respondent, v. A.W. CHESTERTON
COMPANY, ET AL., Defendants, CRANE CO., Appellant, Motion No.
2016-345 (N.Y. App.), the Court of Appeals of New York, a decision
dated March 31, 2016, granted the motion by CBS Corporation for
leave to file an amicus curiae brief on the appeal and the
proposed brief is accepted as filed. Three copies of the brief
must be served and an original and nine copies filed within seven
days. A full-text copy of the Decision is available at
http://is.gd/wfkiHyfrom Leagle.com.
ASBESTOS UPDATE: Court Allows Travelers to Modify 3rd-Party Suit
----------------------------------------------------------------
This dispute concerns insurance coverage for silica and asbestos-
related claims against Chicago Pneumatic Tool Company. On
September 6, 2012, the United States District Court for the
Southern District of New York held that Defendants The Travelers
Indemnity Company and Travelers Casualty and Surety Company have a
duty to defend those claims. Travelers moves to certify that
order, along with two later orders concerning attorney's fees, as
a partial final judgment under Federal Rule of Civil Procedure
54(b). Separately, Travelers seeks leave to amend the Second
Amended Third Party Complaint, pursuant to Federal Rules of Civil
Procedure 15 and 21, to reinstate claims against Trygg-Hansa
Insurance Company, Ltd.
Judge J. Paul Oetken of the United States District Court for the
Southern District of New York denied the motion to certify and
granted the motion to amend.
A full-text copy of the Opinion and Order dated March 30, 2016 is
available at http://is.gd/bLXwxHfrom Leagle.com.
The case is DANAHER CORPORATION, Plaintiff, v. THE TRAVELERS
INDEMNITY COMPANY, et al., Defendants, No. 10-CV-121
(JPO)(S.D.N.Y.).
Danaher Corporation, Plaintiff, is represented by Brian Jonathan
Osias, Esq. -- bosias@mccarter.com -- McCarter & English, LLP &
Gita F. Rothschild, Esq. -- grothschild@mccarter.com -- McCarter &
English, LLP.
The Travelers Indemnity Company, Defendant, is represented by
Robert W. Mauriello, Jr., Esq. -- Graham, Curtin P.A. & Jennifer
Leigh Schoenberg, Esq. -- Graham, Curtin P.A..
Travelers Casualty and Surety Company, Defendant, is represented
by Robert W. Mauriello, Jr., Graham, Curtin P.A. & Jennifer Leigh
Schoenberg, Graham, Curtin P.A..
North River Insurance Company, Defendant, is represented by Gerard
Craig Morici, Esq. -- gerard.morici@mendes.com -- Mendes & Mount,
LLP & Robert Michael Flannery, Esq. -- Robert.flannery@mendes.com
-- Mendes & Mount, LLP.
American Home Assurance Company, Defendant, is represented by
Ellen Gayle Margolis, Esq. -- emargolis@moundcotton.com -- Mound
Cotton Wollan & Greengrass, Gerard Craig Morici, Esq. -- Mendes &
Mount, LLP & Robert Michael Flannery, Esq. -- Mendes & Mount, LLP.
Unigard Mutual Insurance Company Inc., Defendant, is represented
by Robert Dwyer Sullivan, Jr, Esq. -- Wilson Elser,Moskowitz
Edelman & Dicker LLP, Barbara Hopkinson Kelly, Esq. --
barbara.kelly@wilsonelser.com -- Wilson, Elser, Moskowitz, Edelman
& Dicker LLP, pro hac vice & Sheilagh Mary Depeter, Esq. --
sheilagh.depeter@wilsonelser.com -- Wilson Elser,Moskowitz Edelman
& Dicker LLP.
Employers Insurance Company of Wausau, Defendant, is represented
by Claude N. Grammatico, Esq. -- Epstein, Frankini & Grammatico.
Continental Casualty Company, Defendant, is represented by John
Albert Mattoon, Esq. -- jmattoon@fordmarrin.com -- Ford Marrin
Esposito Witmeyer & Gleser LLP & Andrew I Mandelbaum, Esq. --
amandelbaum@fordmarrin.com -- Ford Marrin Esposito Witmeyer &
Gleser, LLP.
Employers Commercial Union Insurance Company, Defendant, is
represented by Gerard Craig Morici, Mendes & Mount, LLP.
International Insurance Company, Defendant, represented by Anthony
Gambardella, Esq. -- anthony.gambardella@rivkin.com -- Rivkin,
Radler & Kremer, Jay Kenigsberg, Esq. -- jay.kenigsberg@rivkin.com
-- Rivkin Radler, L.L.P. & Michael Buckley, Esq. --
Michael.buckley@rivkin.com --Rivkin Radler, LLP.
Granite State Insurance Company, Defendant, represented by Ellen
Gayle Margolis, Mound Cotton Wollan & Greengrass, Gerard Craig
Morici, Mendes & Mount, LLP & Robert Michael Flannery, Mendes &
Mount, LLP.
National Union Fire Insurance Company Of Pittsburgh, PA,
Defendant, represented by Ellen Gayle Margolis, Mound Cotton
Wollan & Greengrass, Gerard Craig Morici, Mendes & Mount, LLP &
Robert Michael Flannery, Mendes & Mount, LLP.
Allianz Underwriters Insurance Company, Defendant, represented by
John T. Wolak, Gibbons, Del Deo, Dolan, Griffinger & Vecchione.
ASBESTOS UPDATE: Injury Suit vs. D/C Remanded to State Court
------------------------------------------------------------
Judge Jorge L. Alonso of the United States District Court for the
Northern District of Illinois, Eastern Division, reversed the
bankruptcy court's rulings lifting the automatic stay to allow
appellees Larry Sublett, et al., to litigate their asbestos-injury
claims against Debtor D/C Distribution LLC in state court and its
subsequent order denying reconsideration of the Order and remands
the case for further proceedings.
A full-text copy of the Memorandum Opinion and Order dated March
18, 2016 is available at http://is.gd/TghH4ufrom Leagle.com.
The district court case is FIREMAN'S FUND INSURANCE COMPANY,
Appellant, v. LARRY SUBLETT, et al. Appellees, Nos. 15 C 5092, 15
C 5146, 15 C 5150 (Consol.)(N.D. Ill.), relating to In re: D/C
DISTRIBUTION LLC, Debtor.
Fireman's Fund Insurance Company, Appellant, is represented by
Mark David Plevin, Esq. -- mplevin@crowell.com -- Crowell & Moring
LLP, Tacie H Yoon, Esq. -- tyoon@crowell.com -- Crowell & Moring
LLP & Todd Clark Jacobs, Esq. -- tjacobs@shb.com -- Shook, Hardy
& Bacon LLP.
Kaanapali Land, LLC, Appellant, is represented by Richard G.
Ziegler, Esq. -- rziegler@mayerbrown.com -- Mayer Brown LLP.
Larry Sublett, Appellee, is represented by Curt Frederick
Hennecke, Esq. -- Brayton Purcell LLP & Thomas C. Wolford, Neal,
Gerber & Eisenberg.
Peter Schroeder, Appellee, is represented by Curt Frederick
Hennecke, Brayton Purcell LLP & Thomas C. Wolford, Neal, Gerber &
Eisenberg.
Arcelia Schroeder, Appellee, is represented by Curt Frederick
Hennecke, Brayton Purcell LLP & Thomas C. Wolford, Neal, Gerber &
Eisenberg.
Douglas Bell, Appellee, is represented by Curt Frederick Hennecke,
Brayton Purcell LLP & Thomas C. Wolford, Neal, Gerber & Eisenberg.
Alan Spalding, Appellee, is represented by Curt Frederick
Hennecke, Brayton Purcell LLP & Thomas C. Wolford, Neal, Gerber &
Eisenberg.
Linda Spalding, Appellee, is represented by Curt Frederick
Hennecke, Brayton Purcell LLP & Thomas C. Wolford, Neal, Gerber &
Eisenberg.
Roderick Johnston, Jr., Appellee, is represented by Curt Frederick
Hennecke, Brayton Purcell LLP & Thomas C. Wolford, Neal, Gerber &
Eisenberg.
Rosalyn Johnston, Appellee, is represented by Curt Frederick
Hennecke, Brayton Purcell LLP & Thomas C. Wolford, Neal, Gerber &
Eisenberg.
D/C Distribution, Debtor in Possession, is represented by Brad B.
Erens, Esq. -- bberens@jonesday.com -- Jones Day.
Service List, is represented by Jacqueline Cox, United States
Bankruptcy Court.
Alex D Moglia, Trustee, is represented by Ean Lane Kryska, Jeremy
Craig Kleinman, Esq. -- jkleinman@fgllp.com -- FrankGecker LLP,
Joseph Daniel Frank, Esq. -- jfrank@fgllp.com -- FrankGecker LLP
&Patrick M Jones, Esq. -- PMJ PLLC.
ASBESTOS UPDATE: Safeco Wins Summary Judgment in PD Suit
--------------------------------------------------------
In August 2014, a record flood hit the Detroit area and damaged
Plaintiff Clara Katz's home. During the cleanup and remediation
effort, asbestos was released, further damaging her personal
property and home. The Plaintiff sought and received coverage for
flood damages, but is also seeking coverage for the asbestos-
related damages under a home insurance policy she obtained from
Defendant Safeco Insurance Company of America. Because Safeco
disagrees that this loss is covered under the policy, the
Plaintiff filed this lawsuit on December 22, 2014.
Before the Court are the parties' cross-motions for summary
judgment.
Judge Terrence G. Berg of the United States District Court for the
Eastern District of Michigan, Southern Division, denied the
Plaintiff's Motion for Summary Judgment and granted the
Defendant's Motion for Summary Judgment.
A full-text copy of the Opinion and Order dated March 23, 2016 is
available at http://is.gd/UqQxkcfrom Leagle.com.
The case is CLARA KATZ, Plaintiff, v. SAFECO INSURANCE COMPANY OF
AMERICA, Defendant, Case No. 15-10405 (E.D. Mich.).
Clara Katz, Plaintiff, is represented by Brian H. Herschfus, Esq.
-- bhh@woodkull.com -- Wood, Kull, Herschfus, Obee & Kull, P.C..
Safeco Insurance Company, Defendant, is represented by Warren J.
White, Esq. & Stephen P. Brown, Esq. -- sbrown@plunkettcooney.com
-- Plunkett & Cooney.
ASBESTOS UPDATE: Bid to Exclude Gov't Expert Testimony Denied
-------------------------------------------------------------
Judge Richard A. Lazzara of the United States District Court for
the Middle District of Florida, Tampa Division, denied Defendants
Philip J. Farley, III, and Aurelijius Baltusis' Joint Motion to
Exclude the Government's Experts' Opinions and Testimony related
to the Percentage of Asbestos in Samples and denied as moot the
Defendants' Request for Daubert Hearing and Oral Argument.
A full-text copy of the Order dated April 4, 2016, is available at
http://is.gd/vRiM00 from Leagle.com.
The case is UNITED STATES OF AMERICA v. PHILIP J. FARLEY, III, and
AURELIJIUS BALTUSIS, Case No. 8:15-cr-133-T-26MAP (M.D. Fla.).
Philip J. Farley, III, Defendant, is represented by Deborah Bone,
Esq. -- Riley Safer Holmes & Cancila LLP, pro hac vice, Matthew P.
Farmer, Esq. -- Mattfarmer1@aol.com -- Farmer & Fitzgerald, PA,
Ronald S. Safer, Esq. -- -- rsafer@rshc-law.com -- Riley Safer
Holmes & Cancila LLP, pro hac vice, Timothy James Fitzgerald, Esq.
-- Tjfitz@me.com -- Farmer & Fitzgerald, PA & Valarie Hays, Esq.
-- vhays@rshc-law.com -- Riley Safer Holmes & Cancila LLP, pro hac
vice.
Aurelijius Baltusis, Defendant, is represented by Valarie Hays,
Riley Safer Holmes & Cancila LLP, pro hac vice & William F. Jung,
Jung & Sisco, PA.
USA, Plaintiff, represented by Amanda Lynn Riedel, US Attorney's
Office,Thomas Franzinger, US Department of Justice & Lana Pettus,
US Department of Justice.
ASBESTOS UPDATE: Honeywell Wins Partial Summary Judgment
--------------------------------------------------------
Judge Catherine C. Eagles of the United States District Court for
the Middle District of North Carolina granted Defendant Honeywell
International, Inc.'s motion for summary judgment on Plaintiff
Susan Elizabeth Smith's fraud and punitive damages claims. The
court held that evidence is sufficient to raise a genuine question
of material fact as to the breach of implied warranty and products
liability claims. The Court further held that Ms. Smith's
evidence is insufficient to support a finding of willful and
wanton conduct and that the evidence does not give rise to a
genuine question of material fact as to punitive damages. The
plaintiff agreed at the hearing that there was insufficient
evidence to support her fraud claim.
Honeywell is successor-in-interest to Bendix Corporation, which
sold brakes containing asbestos. The plaintiff alleges that her
husband, the decedent Leonard Smith, was exposed to asbestos
fibers from these brakes, as a result of which he developed
mesothelioma and passed away. She asserts causes of action for
negligence, breach of implied warranty, fraud, failure to warn,
and wrongful death, and contends she is entitled to recover actual
and punitive damages. Honeywell concedes that there are genuine
issues of material fact as to the negligence and wrongful death
causes of action, but moves for summary judgment on Ms. Smith's
remaining causes of action and on her claim for punitive damages.
The case is SUSAN ELIZABETH SMITH, Individually and as Personal
Representative of the Estate of LEONARD SMITH, Deceased,
Plaintiff, v. AMERICAN HONDA MOTOR CO., INC., et al., Defendants,
No. 1:14-CV-943 (M.D.N.C.).
A full-text copy of the Memorandum Opinion and Order dated April
4, 2016 is available at http://is.gd/uqdduyfrom Leagle.com.
SUSAN ELIZABETH SMITH, Plaintiff, is represented by JANET WARD
BLACK, Esq. -- WARD BLACK LAW & KEVIN W. PAUL, Esq. --
kpaul@sgpblaw.com -- SIMON GREENSTONE PANATIER BARTLETT, PC.
BORG-WARNER MORSE TEC, INC., Defendant, is represented by DAVID L.
LEVY, Esq. -- dlevy@hedrickgardner.com -- HEDRICK GARDNER
KINCHELOE & GAROFALO LLP, BERANTON J. WHISENANT, Esq. --
bwhisenant@foleymansfield.com -- FOLEY & MANSFIELD, PLLP & JON
STEPHEN PLAYER, Esq. -- jplayer@hedrickgardner.com -- HEDRICK
GARDNER KINCHELOE & GAROFALO LLP.
DAP PRODUCTS, INC., Defendant, is represented by AMY C. DRAYTON,
Esq. -- adrayton@deanandgibson.com -- DEAN & GIBSON, PLLC.
GENUINE PARTS COMPANY, Defendant, is represented by MATTHEW
PATRICK MCGUIRE, Esq. -- matt.mcguire@alston.com -- ALSTON & BIRD,
LLP & RICHARD A. MCAVOY, Esq. -- Richard.mcavoy@alston.com --
ALSTON & BIRD, LLP.
GEORGIA-PACIFIC LLC, Defendant, is represented by KENNETH KYRE,
JR., Esq. -- bhh@woodkull.com -- PINTO COATES KYRE & BOWERS, PLLC.
HONEYWELL INTERNATIONAL, INC., Defendant, is represented by HARRY
LEE DAVIS, JR., Esq. -- DAVIS & HAMRICK, L.L.P..
PNEUMO ABEX, LLC, Defendant, is represented by TIMOTHY W. BOUCH,
Esq. -- tbouch@leathbouchlaw.com -- Leath Bouch & Seekings, LLP.
UNION CARBIDE CORPORATION, Defendant, is represented by MOFFATT G.
MCDONALD, Esq. -- mmcdonald@hsblawfirm.com -- HAYNSWORTH SINKLER
BOYD, P.A., SCOTT E. FRICK, Esq. -- sfrick@hsblawfirm.com --
HAYNSWORTH SINKLER BOYD, P.A., W. DAVID CONNER, Esq. --
dconner@hsblawfirm.com -- HAYNSWORTH SINKLER BOYD, P.A. & CHARLES
M. SPRINKLE, III, Esq. -- csprinkle@hsblawfirm.com -- HAYNSWORTH
SINKLER BOYD, P.A.
ASBESTOS UPDATE: Couple Wins Bid for New Trial as to Pneumo Abex
----------------------------------------------------------------
Judge Martin Reidinger of the United States District Court for the
Western District of North Carolina, Asheville Division, denied
Plaintiffs Erik Ross Phillips and Tina Landers' Motion for New
Trial only as to Defendant Pneumo Abex LLC.
The Plaintiffs, husband and wife, brought this diversity action
asserting eight claims for relief in their Third Amended
Complaint. The Plaintiffs initially sued numerous the Defendants.
In so doing, the Plaintiffs generally alleged each "Defendant
corporation does or in the past mined, manufactured, processed,
imported, converted, compounded, supplied, installed, replaced,
repaired, used, and/or retailed substantial amounts of asbestos
and/or asbestos-containing products, materials, or equipment,
which are or in the past were sold, distributed, and used in North
Carolina." The Plaintiff Erik Ross Phillips was exposed to
various asbestos-containing products while working at various
jobs. All of Plaintiffs' claims were premised on North Carolina's
products liability law, and were based upon the Defendants'
alleged acts or omissions allegedly causing Mr. Phillips to
contract mesothelioma from breathing asbestos dust.
A full-text copy of the Memorandum of Opinion and Order dated
April 5, 2016 is available at http://is.gd/2C7kR2from Leagle.com.
The case is ERIK ROSS PHILLIPS and TINA LANDERS, spouse,
Plaintiffs, v. PNEUMO ABEX LLC and REDDAWAY MANUFACTURING
CORPORATION, INC., Defendants, Civil Case No. 1:10-cv-262-MR
(W.D.N.C.).
Erik Ross Phillips, Plaintiff, is represented by Daniel Ray
Francis, Esq. -- Wallace & Graham P.A., John S. Hughes, Esq. --
Wallace & Graham, P.A., Mona Lisa Wallace, Esq. -- Wallace &
Graham, PA, Michael B. Pross, Esq. -- Wallace & Graham & William
M. Graham, Esq. -- Wallace & Graham.
Tina Landers, spouse, Plaintiff, is represented by Daniel Ray
Francis, Wallace & Graham P.A., John S. Hughes, Wallace & Graham,
P.A., Mona Lisa Wallace, Wallace & Graham, PA, William M. Graham,
Wallace & Graham & Michael B. Pross, Wallace & Graham.
Pneumo Abex, LLC, Defendant, is represented by Amy Melvin
DiLorenzo, Esq. -- Leath Bouch & Seekings, LLP, pro hac vice,
Richard Thomas Radcliffe, Jr., Esq. -- tradcliffe@dehay.com --
DeHay & Elliston, LLP, pro hac vice, Timothy W. Bouch, Esq. --
Leath Bouch Crawford & von Keller & Yancey Alford McLeod, III,
Esq. -- Leath Bouch & Seekings, LLP, pro hac vice.
Reddaway Manufacturing Co., Inc., Defendant, is represented by
Dexter R. Hamilton, Esq. -- dhamilton@cozen.com -- Cozen O'Connor,
pro hac vice, Tracy L. Eggleston, Esq. -- teggleston@cozen.com --
Cozen & O'Conner & Vincent R. McGuinness, Esq. --
vmcguinness@cozen.com -- Cozen O'Connor, pro hac vice.
ASBESTOS UPDATE: BASF Win Partial Dismissal of "Viera"
------------------------------------------------------
Judge James S. Moody, Jr., of the United States District Court for
the Middle District of Florida, Ocala Division, granted Defendant
BASF Catalysts LLC's Partial Motion to Dismiss and dismissed
without prejudice Counts II and IV.
Plaintiff Carmen Viera, individually and as Personal
Representative of the Estate of Pedro Rosado-Rivera filed an
amended complaint asserting six claims against Defendants under
New York law including (1) negligence, (2) intentional and
negligent misrepresentation, (3) strict liability, (4) concerted
acts, (5) wrongful death, and (6) loss of consortium. BASF, joined
by Co-Defendants Superior and Whittaker, moved to transfer the
case to the Middle District of Florida on September 1, 2015, and
the Southern District of New York granted the motion.
BASF filed a motion to dismiss the Plaintiff's claims for
intentional and negligent misrepresentation and concerted acts,
arguing that the Plaintiff has not established a prima facie case
for these claims.
A full-text copy of the Order dated April 8, 2016 is available at
http://is.gd/0gHQFXfrom Leagle.com.
The case is CARMEN VIERA, individually and as Personal
Representative of the Estate of PEDRO ROSADO-RIVERA, Plaintiff, v.
BASF CATALYSTS LLC, SUPERIOR MATERIALS, INC., and WHITTAKER, CLARK
& DANIELS, INC., Defendants, Case No. 5:16-cv-1-Oc-30PRL (M.D.
Fla.).
Carmen Viera, Individually and as Personal Representative of the
Estate of Pedro Rosado-Rivera, deceased, Plaintiff, is represented
by Michael Cohan, Esq. -- Napoli Bern Ripka Shkolnik LLP.
BASF Catalysts LLC, Defendant, is represented by Gregory Boulos,
Esq. -- gboulos@carltonfields.com -- Carlton Fields Jorden Burt,
PA, Joseph Ianno, Jr., jianno@carltonfields.com -- Carlton Fields
Jorden Burt, PA &Ryan S. Cobbs, Esq. -- rcobbs@carltonfields.com -
- Carlton Fields Jorden Burt, PA.
Superior Materials, Inc., Defendant, is represented by Janna M.
Nuzum, Esq. -- Frost Brown Todd LLC, Leila Marianne Lugo, Esq. --
llugo@mklaw.us.com -- McGivney & Kluger, PC & Robert Lawrence
Pollack, Esq. -- rpollack@mklaw.us.com -- McGivney & Kluger, PC.
Whittaker, Clark & Daniels, Inc., Defendant, is represented by
Edward J. Briscoe, Esq. -- ebriscoe@fowler-white.com -- Fowler
White Burnett, PA, Helaine S. Goodner, Esq. -- hgoodner@fowler-
white.com -- Fowler White Burnett, PA, Peter J. Melaragno, Esq. --
pmelaragno@fowler-white.com -- Fowler White Burnett, PA & Robert
Frederick Bouchard, Esq. -- rbouchard@fowler-white.com -- Fowler
White Burnett, PA.
Superior Materials, Inc., Cross Claimant, is represented by Janna
M. Nuzum, Frost Brown Todd LLC, Leila Marianne Lugo, McGivney &
Kluger, PC &Robert Lawrence Pollack, McGivney & Kluger, PC.
Superior Materials, Inc., Cross Defendant, is represented by Janna
M. Nuzum, Frost Brown Todd LLC, Leila Marianne Lugo, McGivney &
Kluger, PC &Robert Lawrence Pollack, McGivney & Kluger, PC.
BASF Catalysts LLC, Cross Defendant, represented by Joseph Ianno,
Jr., Carlton Fields Jorden Burt, PA & Ryan S. Cobbs, Carlton
Fields Jorden Burt, PA.
Whittaker, Clark & Daniels, Inc., Cross Defendant, represented by
Edward J. Briscoe, Fowler White Burnett, PA, Helaine S. Goodner,
Fowler White Burnett, PA, Peter J. Melaragno, Fowler White
Burnett, PA & Robert Frederick Bouchard, Fowler White Burnett, PA.
BASF Catalysts LLC, Cross Claimant, represented by Joseph Ianno,
Jr., Carlton Fields Jorden Burt, PA & Ryan S. Cobbs, Carlton
Fields Jorden Burt, PA.
BASF Catalysts LLC, Cross Defendant, represented by Joseph Ianno,
Jr., Carlton Fields Jorden Burt, PA & Ryan S. Cobbs, Carlton
Fields Jorden Burt, PA.
ASBESTOS UPDATE: BASF, et al., Lose Bid to Dismiss "Williams"
-------------------------------------------------------------
This putative class action lawsuit alleges that Defendants BASF
Catalysts LLC, et al., conspired to prevent thousands of asbestos-
injury victims from obtaining fair tort recoveries for their
injuries by developing a scheme to mislead the plaintiffs,
Kimberlee Williams, et al., into believing that BASF's talc
products did not contain asbestos, when, in fact, they did. This
matter was remanded by the Third Circuit and is presently before
the United States District Court for the District of New Jersey by
way of Motions to Dismiss Plaintiffs Second Amended Complaint
filed by the following Defendants: Thomas D. Halket; Arthur A.
Dornbusch II; BASF Catalysts LLC; Cahill Gordon & Reindel LLP
(f/k/a Cahill Gordon & Reindel), Ira J. Dembrow, and Howard G.
Sloane; and Glenn Hemstock.
Judge Jose L. Linares of the United States District Court for the
District of New Jersey denied the Motions to Dismiss.
A full-text copy of the Opinion dated April 5, 2016 is available
at http://is.gd/CBTzjEfrom Leagle.com.
The case is KIMBERLEE WILLIAMS, et al., Plaintiffs, v. BASF
CATALYSTS LLC, et al., Defendant, Civil Action No. 11-1754 (JLL)
(JAD)(D.N.J.).
KIMBERLEE WILLIAMS, Plaintiff, is represented by JEFFREY M.
POLLOCK, Esq. -- jmpollock@foxrothschild.com -- FOX ROTHSCHILD
LLP, MICHAEL COREN, Esq. -- Cohen, Placitella & Roth,
P.C.,CHRISTOPHER MICHAEL PLACITELLA, Esq. -- COHEN, PLACITELLA &
ROTH, PC & JARED MICHAEL PLACITELLA, Esq. -- COHEN PLACITELLA &
ROTH.
NANCY PEASE, Plaintiff, is represented by JEFFREY M. POLLOCK, FOX
ROTHSCHILD LLP, MICHAEL COREN, Cohen, Placitella & Roth, P.C.
&CHRISTOPHER MICHAEL PLACITELLA, COHEN, PLACITELLA & ROTH, PC.
MARILYN L. HOLLEY, Plaintiff, is represented by JEFFREY M.
POLLOCK, FOX ROTHSCHILD LLP, MICHAEL COREN, Cohen, Placitella &
Roth, P.C. &CHRISTOPHER MICHAEL PLACITELLA, COHEN, PLACITELLA &
ROTH, PC.
DONNA WARE, Plaintiff, is represented by JEFFREY M. POLLOCK, FOX
ROTHSCHILD LLP, MICHAEL COREN, Cohen, Placitella & Roth, P.C.
&CHRISTOPHER MICHAEL PLACITELLA, COHEN, PLACITELLA & ROTH, PC.
DONNETTE WENGERD, Plaintiff, is represented by JEFFREY M. POLLOCK,
FOX ROTHSCHILD LLP, MICHAEL COREN, Cohen, Placitella & Roth, P.C.
&CHRISTOPHER MICHAEL PLACITELLA, COHEN, PLACITELLA & ROTH, PC.
ROSANNE CHERNICK, Plaintiff, is represented by JEFFREY M. POLLOCK,
FOX ROTHSCHILD LLP.
BASF CATALYSTS LLC, Defendant, is represented by STEPHEN M.
ORLOFSKY, Esq. -- Orlofsky@BlankRome.com -- BLANK, ROME, LLP &
DAVID C. KISTLER, Esq. -- Orlofsky@BlankRome.com -- BLANK ROME,
LLP.
CAHILL GORDON & REINDEL LLP, Defendant, is represented by ROBERT
E. RYAN, Esq. -- rryan@connellfoley.com -- CONNELL FOLEY, LLP,
CRAIG S. DEMARESKI, Esq. -- cdemareski@connellfoley.com -- CONNELL
FOLEY LLP & MARC D. HAEFNER, Esq. -- mhaefner@connellfoley.com --
CONNELL FOLEY, LLP.
CAHILL GORDON & REINDEL, Defendant, is represented by ROBERT E.
RYAN, CONNELL FOLEY, LLP.
THOMAS D. HALKET, Defendant, is represented by ERIC TUNIS, Esq. --
etunis@heroldlaw.com -- HEROLD LAW.
ARTHUR A. DORNBUSCH, II, Defendant, is represented by JOHN A.
BOYLE, Esq. -- jboyle@khmarino.com -- MARINO TORTORELLA & BOYLE PC
& KEVIN HARRY MARINO, Esq. -- kmarino@khmarino.com -- MARINO
TORTORELLA & BOYLE, PC.
GLENN HEMSTOCK, Defendant, is represented by WALTER F. TIMPONE,
Esq. -- WTIMPONE@MDMC-LAW.COM -- MCELROY, DEUTSCH & MULVANEY,
LLP, MICHAEL B. DEVINS, Esq. -- MDEVINS@MDMC-LAW.COM -- MCELROY,
DEUTSCH, MULVANEY AND CARPENTER, LLP & WALTER R. KRZASTEK, JR.,
Esq. -- WKRZASTEK@MDMC-LAW.COM -- MCELROY, DEUTSCH, MULVANEY &
CARPENTER, LLP.
HOWARD G. SLOANE, Defendant, is represented by ROBERT E. RYAN,
CONNELL FOLEY, LLP, CRAIG S. DEMARESKI, CONNELL FOLEY LLP & MARC
D. HAEFNER, CONNELL FOLEY, LLP.
IRA J. DEMBROW, Defendant, is represented by ROBERT E. RYAN,
CONNELL FOLEY, LLP, CRAIG S. DEMARESKI, CONNELL FOLEY LLP & MARC
D. HAEFNER, CONNELL FOLEY, LLP.
Amicus Curiae Public Justice, P.C., Amicus, is represented by
ESTHER EVA BEREZOFSKY, WILLIAMS, CUKER & BEREZOFSKY, ESQS.
ASBESTOS UPDATE: Veteran's Entitlement Claims Appeal Junked
-----------------------------------------------------------
Appellant Robert D'Auria appeals the decision of the United States
Court of Appeals for Veterans Claims, which affirmed the denial by
the Board of Veterans' Appeals of D'Auria's claims for entitlement
to service connection for a lung and heart disorder. Mr. D'Auria
argues the decisions failed to consider all of his medical records
from Deborah Heart and Lung Center and that these records show his
COPD was more likely than not caused by exposure to "asbestos,
chromium, and various organic dust, while working in the Air
Force.
The United States Court of Appeals, Federal Circuit, dismissed
D'Auria's appeal.
A full-text copy of the Decision dated April 12, 2016 is available
at http://is.gd/KdlM6vfrom Leagle.com.
The Case is ROBERT J. D'AURIA, Claimant-Appellant, v. ROBERT A.
McDONALD, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee, No.
2016-1167(Fed. Cir.).
ASBESTOS UPDATE: Court Remands Martin Franchises's Suit
-------------------------------------------------------
The Appellate Court of Connecticut reversed the trial court's
judgment and remanded the case styled MARTIN FRANCHISES, INC., v.
COOPER U.S., INC., (AC 37770)(Conn. App.), with direction to deny
plaintiff Martin Franchises, Inc.'s motion for summary judgment
and to conduct further proceedings according to law.
The defendant, Cooper U.S., Inc., appeals following the trial
court's rendering of summary judgment in favor of the plaintiff.
On appeal, the defendant claims that the court erred in rendering
summary judgment in favor of the plaintiff on the following two
grounds: (1) the court improperly concluded that there was no
genuine issue of material fact; and (2) the court held the
defendant to an incorrect burden of proof in its opposition to the
plaintiff's motion for summary judgment.
A full-text copy of the Opinion dated April 12, 2016 is available
at http://is.gd/KnYMJxfrom Leagle.com.
Richard F. Connors, Esq. -- RCONNORS@CD-LLP.COM -- Ciulla &
Donofrio LLP for the appellant (defendant).
Timothy D. Miltenberger, Esq. for the appellee (plaintiff).
ASBESTOS UPDATE: 6 Cos. Win Summary Judgment in "McCourt"
---------------------------------------------------------
Judge Madeline Cox Arleo of the United States District Court for
the District of New Jersey granted the six motions for summary
judgment filed by the following Defendants: (1) Guard-Line, Inc.,
(2) CertainTeed Corporation; (3) Union Carbide Corporation; (4)
Exxon Mobil Corporation; (5) PSEG Power (improperly pled as Public
Service Enterprise Group); and (6) DAP, Inc.. Plaintiffs did not
oppose any of these motions.
The case is JAMES MCCOURT, et al., Plaintiffs, v. A.O. SMITH WATER
PRODUCTS CO., et al., Defendants, Civil Action No. 14-221
(MCA)(D.N.J.).
A full-text copy of the Opinion dated April 8, 2016 is available
at http://is.gd/dLAj9dfrom Leagle.com.
JAMES MCCOURT, Plaintiff, is represented by F. ALEXANDER EIDEN,
Esq. -- WEITZ & LUMENBERG PC & ROBERT MICHAEL SILVERMAN, Esq. --
WEITZ & LUXENBERG.
MABEL MCCOURT, Plaintiff, represented by F. ALEXANDER EIDEN, WEITZ
& LUMENBERG PC & ROBERT MICHAEL SILVERMAN, WEITZ & LUXENBERG.
A.O. SMITH WATER PRODUCTS CO., Defendant, is represented by DAVID
M. KATZENSTEIN, Esq. -- dkatzenstein@eckertseamans.com -- Eckert
Seamans Cherin & Mellott, LLC.
ALCATEL-LUCENT USA, Defendant, is represented by GEORGE R.
TALARICO, Esq. -- george.talarico@lockelord.com -- LOCKE LORD LLP
& AILEEN E. MCTIERNAN, Esq. -- aileen.mctiernan@lockelord.com --
Locke Lord LLP.
BRYANT HEATING & COOLING SYSTEMS, Defendant, is represented by
LINTON W. TURNER, JR., Esq. -- lturner@mayfieldturner.com --
MAYFIELD, TURNER, O'MARA & DONNELLY.
BALTIMORE ENNIS LAND COMPANY, Defendant, is represented by ERIC
JOHN KADISH, Esq.-- ejk@maronmarvel.com -- MARON MARVEL BRADLEY &
ANDERSON LLC & LINA MARIA CARRERAS, Esq. --
lmcarreras@maronmarvel.com -- MARON MARVEL BRADLEY & ANDERSON LLC.
GENERAL ELECTRIC COMPANY, Defendant, represented by MICHAEL A.
TANENBAUM, SEDGWICK LLP.
HONEYWELL INTERNATIONAL, INC., Defendant, is represented by ETHAN
D. STEIN, Esq. -- estein@gibbonslaw.com -- GIBBONS, PC.
PUBLIC SERVICE ENTERPRISE GROUP, Defendant, represented by ANGELA
A. IUSO, Esq. -- aiuso@connellfoley.com -- CONNELL FOLEY, LLP &
GEORGE W. KEEFER, Esq., WILLIAM E. FRESE, ESQ..
RHEEM MANUFACTURING COMPANY, Defendant, represented by LISA
PASCARELLA, PASCARELLA DIVITA, PLLC.
WESTERN AUTO SUPPLY COMPANY INC., Defendant, represented by
MICHAEL JOSEPH BLOCK, WILBRAHAM, LAWLER & BUBA.
METROPOLITAN LIFE INSURANCE COMPANY, Defendant, represented by
RICHARD V. JONES, LAW OFFICES OF ROGER V. JONES, LLP.
CRANE CO., Defendant, represented by TARA LYNNE PEHUSH, K&L GATES
LLP, MARK J. SKINNER, SWARTZ CAMPBELL LLC & LISA PASCARELLA,
PASCARELLA DIVITA, PLLC.
BORG WARNER MORES TEC, INC., Defendant, represented by CHRISTOPHER
J. KEALE, SEDGWICK LLP.
THE GOODYEAR TIRE AND RUBBER COMPANY, Defendant, represented
byTERENCE W. CAMP, BUDD, LARNER, P.C..
VIKING PUMP, INC., Defendant, represented by MARK F. MACDONALD,
BAGINSKI MEZZANOTTE HASSON & RUBINATE.
ASBESTOS UPDATE: Denial of Boyd's Disability Award Affirmed
-----------------------------------------------------------
Relator-appellant, Robert Boyd, appeals the judgment of the Tenth
District Court of Appeals denying his complaint for a writ of
mandamus that would require the Industrial Commission to award him
permanent-total-disability compensation.
The Supreme Court of Ohio affirmed the judgment of the Court of
Appeals, holding that the commission's order was supported by
evidence in the record and the commission did not abuse its
discretion when it denied Boyd's request.
A full-text copy of the Decision dated April 13, 2016 is available
at http://is.gd/Ya2VRkfrom Leagle.com.
The case is The State ex rel. Boyd, Appellant, v. Scotts Miracle-
Gro Company et al., Appellees, No. 2015-1023, 2016-Ohio-1508
Michael J. Muldoon, Esq. for appellant.
Michael DeWine, Attorney General, and Patsy A. Thomas, Assistant
Attorney General, for appellee Industrial Commission.
Vorys, Sater, Seymour & Pease, L.L.P., and Robert A. Minor, Esq.
for appellee the Scotts Miracle-Gro Company.
ASBESTOS UPDATE: Court Directs Retrial of Former Salesman's Suit
----------------------------------------------------------------
Plaintiff Richard Moran was a salesman for Kaiser Refractories
from 1968 to 1980. His clients were primarily large industrial
facilities. About 25 percent of what he sold was asbestos-
containing insulation, including "refractory" (heat-resistant
material used to insulate the interior metal surface of industrial
boilers and heaters). Moran was frequently involved in the removal
and installation of insulation and refractory at his clients'
facilities. In 2011, he was diagnosed with mesothelioma, a cancer
uniquely associated with exposure to asbestos.
Moran sued a number of manufacturers and suppliers of asbestos-
containing products, including defendant Foster Wheeler Energy
Corporation, a manufacturer of industrial boilers insulated with
refractory, alleging causes of action for, among other things,
strict liability and negligence/failure to warn. At trial, the
jury returned a verdict for Foster Wheeler (the sole remaining
defendant by the time the verdict was reached), finding that Moran
was a "sophisticated user" of refractory materials used in boilers
and heaters, and that therefore Foster Wheeler had no duty to warn
Moran of the danger associated with exposure to asbestos contained
in refractory.
Moran appeals from the judgment, contending that the evidence is
insufficient to support the verdict, because substantial evidence
fails to prove, as required for the sophisticated user defense,
that by virtue of his position, training, experience, knowledge,
or skill, he knew or should have known of the health risks posed
by working with or near the asbestos-containing products he sold
and which were used in Foster Wheeler boilers from 1968 to 1980.
The Court of Appeals of California, Second District, Division
Four, agreed with Moran, reversed the judgment and remanded the
matter for retrial.
A full-text copy of the Decision dated April 13, 2016 is available
at http://is.gd/mCq1L0from Leagle.com.
The case is RICHARD F. MORAN III, Plaintiff and Appellant, v.
FOSTER WHEELER ENERGY CORPORATION, Defendant and Respondent, o.
B261682.
Law Offices of Anthony E. Vieira, Anthony E. Vieira, Esq.,
Campbell W. Filmer, Esq.; Rose, Klein & Marias and David A. Rosen,
Esq. for Plaintiff and Appellant.
Hugo Parker, Edward R. Hugo, Esq. -- ehugo@hugoparker.com --
Shaghig D. Agopian, Esq. -- sagopian@hugoparker.com ; Sedgwick and
Kirk C. Jenkins, Esq. -- kirk.jenkins@sedgwicklaw.com for
Defendant and Respondent.
ASBESTOS UPDATE: Liberty Insurance Wins Partial Summary Judgment
----------------------------------------------------------------
This case involves two actions that have been consolidated by this
Court: (1) an action filed by Plaintiff Liberty Mutual Insurance
Company on June 3, 2013, in the Southern District of New York
against Defendant, The Fairbanks Company, and (2) an action filed
by Fairbanks on June 24, 2013 in Georgia state court against
National Union Fire Insurance Company of Pittsburgh, Liberty
Fireman's Fund Insurance Company, AXA Royale Belge, The Hartford
Insurance Company, Travelers Casualty & Surety Company, and the
Georgia Insurers Insolvency. The Georgia Action was removed to the
Northern District of Georgia, and on February 18, 2015, the
Northern District of Georgia transferred the Georgia Action to the
Southern District of New York.
This case concerns insurance coverage for Fairbanks for liability
arising from asbestos-related personal injury actions. Fairbanks
entered into insurance policies with the insurers between 1974 and
1998.
Six motions for partial summary judgment have been filed. The
motions generally seek declarations as to whether the liability of
the insurers should be determined on a "pro rata" or "all sums"
basis, how the Lumbermens' orphan share should be allocated, and
whether the asbestos exclusion in certain policies should be
applied to the Asbestos Actions.
Judge John G. Koeltl of the United States District Court for the
Southern District of New York granted in part and denied in part
Liberty's motion for summary judgment; denied Fairbanks' motion
for summary judgment against Liberty; denied without prejudice
Fairbanks' motion for summary judgment against AXA; denied
Fairbanks' motion for summary judgment against certain insurers;
granted in part and denied in part National Union's motion for
summary judgment; and granted in part and denied in part Fireman's
Fund's motion for summary judgment.
A full-text copy of the Opinion and Order dated March 22, 2016 is
available at http://is.gd/Cj0k59from Leagle.com.
The cases are LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff, v. THE
FAIRBANKS COMPANY, Defendant/Plaintiff, v. NATIONAL UNION FIRE
INSURANCE OF PITSSBURG, PA; LIBERTY MUTUAL INSURANCE COMPANY;
FIREMAN'S FUND INSURANCE COMPANY; AXA ROYALE BELGE; THE HARTFORD
INSURANCE COMPANY; TRAVELER'S CASUALTY & SURETY COMPANY,
Defendants, Nos. 13-cv-3755 (JGK), 15-cv-1141 (JGK)
The Fairbanks Company, Plaintiff, is represented by Andrew M
Roman, Esq. -- aroman@cohenlaw.com -- Cohen & Grigsby, P.C., David
F. Russey, Esq. -- drussey@cohenlaw.com -- Cohen & Grigsby, Mark
Maynard Jackson Webb, Esq. -- mwebb@brinson-askew.com -- Brinson
Askew Berry Siegler Richardson & Davis, pro hac vice, David F.
Russey, Esq. -- drussey@cohenlaw.com -- Cohen & Grigsby, P.C.,
Julie W Vanneman, Esq. -- jvanneman@cohenlaw.com -- Cohen &
Grigsby,P.C. & Richard A. Ejzak, Esq. -- rejzak@cohenlaw.com --
Cohen & Grigsby, P.C., pro hac vice.
Liberty Mutual Insurance Company, Plaintiff, PRO SE.
National Union Fire Insurance Company of Pittsburgh PA, Defendant,
is represented by Carolina Acevedo Salazar, Esq. --
csalazar@coughlinduffy.com -- Coughlin Duffy LLP, Jaimie Heather
Ginzberg, Esq. -- jaimie.ginzberg@mendes.com -- Mendes & Mount,
LLP & Joseph J Schwartz, Esq. -- Mendes & Mount, LLP.
Liberty Life Assurance Company of Boston, Defendant, is
represented by Allen S. C. Willingham, Esq. -- Taylor English Duma
LLP, Lloyd A. Gura, Esq. -- lgura@moundcotton.com -- Mound Cotton
Wollan & Greengrass & Mark J. Weber, Esq. --
mweber@moundcotton.com -- Mound Cotton Wollan & Greengrass.
Fireman's Fund Insurance Company, Defendant, is represented by
Michael J. Jones, Rivkin Radler, LLP & Michael Anthony Kotula,
Rivkin Radler, LLP.
AXA Royale Belge, Defendant, is represented by Robert Jozwik,
Marshall, Dennehey, Warner, Coleman & Goggin & Steve H Kaplan,
Jones Hirsch Connors & Bull P.C..
The Hartford Insurance Company, Defendant, is represented by
Corinne O'Hayer Lane, Shipman & Goodwin LLP, Danielle S.
Rosborough, Shipman & Goodwin, LLP, Edward B. Parks, II, Shipman &
Goodwin, LLP, James P. Ruggeri, Shipman & Goodwin, LLP & William
Patrick Downes, Schaeffer & Krongold LLP.
Traveler's Casualty & Surety Company, Defendant, is represented by
Robert W. Mauriello, Jr., Graham, Curtin P.A..
AXA Royale Belge, Counter Claimant, is represented by Robert
Jozwik, Marshall, Dennehey, Warner, Coleman & Goggin.
The Fairbanks Company, Counter Defendant, is represented by Mark
Maynard Jackson Webb, Brinson Askew Berry Siegler Richardson &
Davis, pro hac vice & Richard A. Ejzak, Cohen & Grigsby, P.C., pro
hac vice.
ASBESTOS UPDATE: Caterpillar Continues to Face Asbestos Actions
---------------------------------------------------------------
Caterpillar Inc. continues to face unresolved legal actions that
involve disputes including asbestos exposure, according to the
Company's Form 10-K filing with the U.S. Securities and Exchange
Commission for the fiscal year ended December 31, 2015.
The Company states, "We are involved in other unresolved legal
actions that arise in the normal course of business. The most
prevalent of these unresolved actions involve disputes related to
product design, manufacture and performance liability (including
claimed asbestos and welding fumes exposure), contracts,
employment issues, environmental matters or intellectual property
rights. The aggregate range of reasonably possible losses in
excess of accrued liabilities, if any, associated with these
unresolved legal actions is not material. In some cases, we cannot
reasonably estimate a range of loss because there is insufficient
information regarding the matter. However, we believe there is no
more than a remote chance that any liability arising from these
matters would be material. Although it is not possible to predict
with certainty the outcome of these unresolved legal actions, we
believe that these actions will not individually or in the
aggregate have a material adverse effect on our consolidated
results of operations, financial position or liquidity."
Caterpillar Inc. manufactures and sells construction and mining
equipment, diesel and natural gas engines, industrial gas
turbines, and diesel-electric locomotives worldwide. The company
was founded in 1925 and is headquartered in Peoria, Illinois.
ASBESTOS UPDATE: CBS Faces 36,030 Pending Claims at Dec. 31
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CBS Corporation continous to face 36,030 pending asbestos claims,
according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
December 31, 2015.
The Company states, "The Company is a defendant in lawsuits
claiming various personal injuries related to asbestos and other
materials, which allegedly occurred principally as a result of
exposure caused by various products manufactured by Westinghouse,
a predecessor, generally prior to the early 1970s. Westinghouse
was neither a producer nor a manufacturer of asbestos. The Company
is typically named as one of a large number of defendants in both
state and federal cases. In the majority of asbestos lawsuits, the
plaintiffs have not identified which of the Company's products is
the basis of a claim. Claims against the Company in which a
product has been identified principally relate to exposures
allegedly caused by asbestos-containing insulating material in
turbines sold for power-generation, industrial and marine use.
"Claims are frequently filed and/or settled in groups, which may
make the amount and timing of settlements, and the number of
pending claims, subject to significant fluctuation from period to
period. The Company does not report as pending those claims on
inactive, stayed, deferred or similar dockets which some
jurisdictions have established for claimants who allege minimal or
no impairment. As of December 31, 2015, the Company had pending
approximately 36,030 asbestos claims, as compared with
approximately 41,100 as of December 31, 2014 and 45,150 as of
December 31, 2013. During 2015, the Company received approximately
3,670 new claims and closed or moved to an inactive docket
approximately 8,740 claims. The Company reports claims as closed
when it becomes aware that a dismissal order has been entered by a
court or when the Company has reached agreement with the claimants
on the material terms of a settlement. Settlement costs depend on
the seriousness of the injuries that form the basis of the claims,
the quality of evidence supporting the claims and other factors.
In 2015, as the result of an insurance settlement, insurance
recoveries exceeded the Company's after tax costs for settlement
and defense of asbestos claims by approximately $5 million. In
2014, the Company's costs for settlement and defense of asbestos
claims after insurance and taxes were approximately $11 million.
The Company's costs for settlement and defense of asbestos claims
may vary year to year and insurance proceeds are not always
recovered in the same period as the insured portion of the
expenses."
CBS Corporation operates as a mass media company worldwide. The
company operates through four segments: Entertainment, Cable
Networks, Publishing, and Local Broadcasting. CBS Corporation was
founded in 1986 and is headquartered in New York, New York. CBS
Corporation operates as a subsidiary of National Amusements, Inc.
ASBESTOS UPDATE: Court Dismisses Objections on Travelers Lawsuit
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Final objections to the tentative settlemet agreement for
asbestos-related coverage litigation between The Travelers
Companies, Inc., and PPG Industries, Inc., has been dismissed,
according to Travelers's Form 10-K filing with the U.S. Securities
and Exchange Commission for the fiscal year ended December 31,
2015.
On January 29, 2009, the Company and PPG Industries, Inc ("PPG"),
along with approximately 30 other insurers of PPG, agreed in
principle to an agreement to settle asbestos-related coverage
litigation under insurance policies issued to PPG. The tentative
settlement agreement has been incorporated into the Modified Third
Amended Plan of Reorganization ("Amended Plan") proposed as part
of the Pittsburgh Corning Corp. ("PCC," which is 50% owned by PPG)
bankruptcy proceeding. Pursuant to the proposed Amended Plan,
which was filed on January 30, 2009, PCC, along with enumerated
other companies (including PPG as well as the Company as a
participating insurer), are to receive protections afforded by
Section 524(g) of the Bankruptcy Code from certain asbestos-
related bodily injury claims. Under the agreement in principle,
the Company has the option to make a series of payments over 20
years totaling approximately $620 million to the Trust to be
created under the Amended Plan, or it may elect to make a one-time
discounted payment, which, as of June 30, 2016, would total
approximately $525 million. On January 7, 2016, the final
objections to the Amended Plan were dismissed. The agreement in
principle with PPG is still subject to several conditions. Given
the resolution of the objections to the Amended Plan the Company
believes that the conditions will be satisfied and accordingly,
the Company's obligations under this agreement in principle are
included in the Policyholders with Settlement Agreements category
at December 31, 2015.
The Travelers Companies, Inc., through its subsidiaries, provides
a range of commercial and personal property, and casualty
insurance products and services to businesses, government units,
associations, and individuals in the United states and
internationally. The Travelers Companies, Inc. was founded in 1853
and is based in New York, New York.
ASBESTOS UPDATE: Corning Faces 11,800 PCC Claims at Dec. 31
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Corning Incorporated continues to face an approximately 11,800
liability claims based on exposure to Pittsburgh Corning
Corporation's asbestos products while PCC has filed for Chapter 11
reorganization, according to the Company's Form 10-K filing with
the U.S. Securities and Exchange Commission for the fiscal year
ended December 31, 2015.
Corning and PPG Industries, Inc. ("PPG") each own 50% of the
capital stock of Pittsburgh Corning Corporation ("PCC"). Over a
period of more than two decades, PCC and several other defendants
were named in numerous lawsuits involving claims alleging personal
injury from exposure to asbestos. On April 16, 2000, PCC filed for
Chapter 11 reorganization in the U.S. Bankruptcy Court for the
Western District of Pennsylvania. At the time PCC filed for
bankruptcy protection, there were approximately 11,800 claims
pending against Corning in state court lawsuits alleging various
theories of liability based on exposure to PCC's asbestos products
and typically requesting monetary damages in excess of one million
dollars per claim. Corning has defended those claims on the basis
of the separate corporate status of PCC and the absence of any
facts supporting claims of direct liability arising from PCC's
asbestos products.
Corning Incorporated manufactures and sells specialty glasses,
ceramics, and related materials worldwide. Corning Incorporated
was founded in 1851 and is based in Corning, New York.
ASBESTOS UPDATE: Corning Has 9,700 Non-PCC Claims at Dec. 31
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The 9,700 asbestos-related injury cases against Corning
Incorporated remains stayed as the Company anticipates the lift of
suspension by the second half of 2016, according to the Company's
Form 10-K filing with the U.S. Securities and Exchange Commission
for the fiscal year ended December 31, 2015.
In addition to the claims against Corning related to its ownership
interest in PCC, Corning is also the defendant in approximately
9,700 other cases (approximately 37,300 claims) alleging injuries
from asbestos related to its Corhart business and similar amounts
of monetary damages per case (the "non-PCC asbestos claims"). When
PCC filed for bankruptcy protection, the Court granted a
preliminary injunction to suspend all asbestos cases against PCC,
PPG and Corning -- including these non-PCC asbestos claims (the
"Stay"). The Stay remains in place as of the date of this filing;
however, given that the Amended PCC Plan is now affirmed by the
District Court and the Third Circuit Court of Appeals, Corning
anticipates the Stay will be lifted in the second half of 2016.
These non-PCC asbestos claims have been covered by insurance
without material impact to Corning to date. As of December 31,
2015, Corning had received for these claims approximately $19
million in insurance payments. When the Stay is lifted, these
non-PCC asbestos claims will be allowed to proceed against
Corning. In prior periods, Corning recorded in its estimated
asbestos litigation liability an additional $150 million for these
and any future non-PCC asbestos claims.
Corning Incorporated manufactures and sells specialty glasses,
ceramics, and related materials worldwide. Corning Incorporated
was founded in 1851 and is based in Corning, New York.
ASBESTOS UPDATE: Dow Chemical Unit Continues to Defend PI Suits
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Union Carbide Corporation, a subsidiary of The Dow Chemical
Company, continues to face asbestos-related suits alleging
personal injury resulting from exposure to asbestos-containing
products, according to the Company's Form 10-K filing with the
U.S. Securities and Exchange Commission for the fiscal year ended
December 31, 2015.
Union Carbide Corporation ("Union Carbide"), a wholly owned
subsidiary of the Company, is and has been involved in a large
number of asbestos-related suits filed primarily in state courts
during the past four decades. These suits principally allege
personal injury resulting from exposure to asbestos-containing
products and frequently seek both actual and punitive damages. The
alleged claims primarily relate to products that Union Carbide
sold in the past, alleged exposure to asbestos-containing products
located on Union Carbide's premises, and Union Carbide's
responsibility for asbestos suits filed against a former Union
Carbide subsidiary, Amchem Products, Inc. Each year, Analysis,
Research and Planning Corporation ("ARPC") performs a review for
Union Carbide based upon historical asbestos claims and resolution
activity. Union Carbide compares current asbestos claim and
resolution activity to the results of the most recent ARPC study
at each balance sheet date to determine whether the asbestos-
related liability continues to be appropriate.
The Dow Chemical Company manufactures and supplies products that
are used primarily as raw materials in the manufacture of customer
products and services worldwide. The company was founded in 1897
and is headquartered in Midland, Michigan.
ASBESTOS UPDATE: Union Carbide Has $437MM Liability at Dec. 31
--------------------------------------------------------------
Union Carbide Corp. has $437 million asbestos-related liability
for pending and future claims, according to the Company's Form 10-
K filing with the U.S. Securities and Exchange Commission for the
fiscal year ended December 31, 2015.
Union Carbide is and has been involved in a large number of
asbestos-related suits filed primarily in state courts during the
past four decades. At December 31, 2015, Union Carbide's asbestos-
related liability for pending and future claims was $437 million
($513 million at December 31, 2014) and its receivable for
insurance recoveries related to the asbestos liability was $10
million ($10 million at December 31, 2014). At December 31, 2015,
Union Carbide also had receivables of $51 million ($69 million at
December 31, 2014) for insurance recoveries for defense and
resolution costs. It is the opinion of the Company's management
that it is reasonably possible that the cost of Union Carbide
disposing of its asbestos-related claims, including future defense
costs, could have a material impact on the Company's results of
operations and cash flows for a particular period and on the
consolidated financial position of the Company.
The Dow Chemical Company manufactures and supplies products that
are used primarily as raw materials in the manufacture of customer
products and services worldwide. The company was founded in 1897
and is headquartered in Midland, Michigan.
ASBESTOS UPDATE: FirstEnergy Still Faces Pending Asbestos Actions
-----------------------------------------------------------------
FirstEnergy Corp. and its subsidiary, First Energy Solutions
Corp., remain defendants in pending asbestos litigation involving
multiple plaintiffs and multiple defendants, according to the
Company's Form 10-K filing with the U.S. Securities and Exchange
Commission for the fiscal year ended December 31, 2015.
The Company states "We have been named as a defendant in pending
asbestos litigation involving multiple plaintiffs and multiple
defendants. In addition, asbestos and other regulated substances
are, and may continue to be, present at our facilities where
suitable alternative materials are not available. We believe that
any remaining asbestos at our facilities is contained. The
continued presence of asbestos and other regulated substances at
these facilities, however, could result in additional actions
being brought against us."
FirstEnergy Corp., through its subsidiaries, generates, transmits,
and distributes electricity in the United States. FirstEnergy
Corp. was founded in 1996 and is based in Akron, Ohio.
ASBESTOS UPDATE: Ingersoll-Rand Units Still Face Lawsuits
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Certain subsidiaries of Ingersoll-Rand plc remain to be defendants
in asbestos-related lawsuits in state and federal courts,
according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
December 31, 2015.
The Company states "Certain of our wholly-owned subsidiaries are
named as defendants in asbestos-related lawsuits in state and
federal courts. In virtually all of the suits, a large number of
other companies have also been named as defendants. The vast
majority of those claims allege injury caused by exposure to
asbestos contained in certain historical products, primarily
pumps, boilers and railroad brake shoes. None of our existing or
previously-owned businesses were a producer or manufacturer of
asbestos."
Ingersoll-Rand plc designs, manufactures, sells, and services
industrial and commercial products. The company was founded in
1872 and is headquartered in Swords, Ireland.
ASBESTOS UPDATE: Lennox Spent $3MM for Litigation at Dec. 31
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Lennox International Inc. recorded expense of $3.0 million, net of
probable insurance recoveries, for known and future asbestos-
related litigation, according to the Company's Form 10-K filing
with the U.S. Securities and Exchange Commission for the fiscal
year ended December 31, 2015.
The Company states "We are involved in a number of claims and
lawsuits incident to the operation of our businesses. Insurance
coverages are maintained and estimated costs are recorded for such
claims and lawsuits, including costs to settle claims and
lawsuits, based on experience involving similar matters and
specific facts known.
"Some of these claims and lawsuits allege personal injury or
health problems resulting from exposure to asbestos that was
integrated into certain of our products. We have never
manufactured asbestos and have not incorporated asbestos-
containing components into our products for several decades. A
substantial majority of asbestos-related claims have been covered
by insurance or other forms of indemnity or have been dismissed
without payment. The remainder of our closed cases have been
resolved for amounts that are not material, individually or in the
aggregate. Our defense costs for asbestos-related claims are
generally covered by insurance; however, our insurance coverage
for settlements and judgments for asbestos-related claims vary
depending on several factors, and are subject to policy limits, so
we may have greater financial exposure for future settlements and
judgments. For the years ended December 31, 2015 and 2014, we
recorded expense of $3.0 million and $0.9 million, respectively,
net of probable insurance recoveries, for known and future
asbestos-related litigation."
Lennox International Inc., is a provider of climate control
solutions. The Company operates in three reportable business
segments of the heating, ventilation, air conditioning and
refrigeration (HVACR) industry. Its reportable segments are
Residential Heating & Cooling, Commercial Heating & Cooling, and
Refrigeration. Residential Heating & Cooling consists of Furnaces,
air conditioners, heat pumps, packaged heating and cooling
systems, indoor air quality equipment, comfort control products,
replacement parts. Commercial Heating & Cooling consists of
Unitary heating and air conditioning equipment, applied systems,
controls, installation and service of commercial heating and
cooling equipment. Refrigeration segment consists of Condensing
units, unit coolers, fluid coolers, air cooled condensers, air
handlers, process chillers, controls, compressorized racks,
supermarket display cases and systems.
ASBESTOS UPDATE: Navigators Has $1.1MM Benefit at Dec. 31
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The Navigators Group, Inc., recognized a benefit of $1.1 million
as a result of settlements with third party administrators,
according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
December 31, 2015.
The Company states "Our exposure to asbestos liability principally
stems from our Marine Liability product insurance written on an
occurrence basis during the mid-1980s. In general, our
participation on such risks is in the excess layers, which
requires the underlying coverage to be exhausted prior to coverage
being triggered in our layer. In many instances, we are one of
many insurers who participate in the defense and ultimate
settlement of these claims, and we are generally a minor
participant in the overall insurance coverage and settlement. The
reserves for asbestos exposures as of December 31, 2015 are for:
(i) one large settled claim for excess insurance policy limits
exposed to a class action suit against an insured involved in the
manufacturing or distribution of asbestos products being paid over
several years and (ii) attritional asbestos claims that could be
expected to occur over time. Substantially all of our asbestos
liability reserves are included in our U.S. and Int'l Marine
operating segment loss reserves. For the year ended December 31,
2015, our Company recognized a benefit of $1.1 million as a result
of settlements with third party administrators on ceded paid
losses previously written off in prior years due to bankruptcy or
insolvency of the reinsurer.
"There can be no assurances that material loss development may not
arise in the future from existing asbestos claims or new claims
given the evolving and complex legal environment that may directly
affect the outcome of the asbestos exposures of our insureds."
The Navigators Group, Inc., is an international insurance company
focusing on specialty products within the overall property and
casualty insurance market.
ASBESTOS UPDATE: Newmarket Continues to Face PI Suits at Dec. 31
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Newmarket Corporation continues to be a defendant in asbestos
exposure personal injury lawsuits pending in Texas, Louisiana, or
Illinois, according to the Company's Form 10-K filing with the
U.S. Securities and Exchange Commission for the fiscal year ended
December 31, 2015.
The Company states "We are a defendant in personal injury lawsuits
involving exposure to asbestos. These cases involve exposure to
asbestos in premises owned or operated, or formerly owned or
operated, by subsidiaries of NewMarket. We have never
manufactured, sold, or distributed products that contain asbestos.
Nearly all of these cases are pending in Texas, Louisiana, or
Illinois and involve multiple defendants. We maintain an accrual
for these proceedings, as well as a receivable for expected
insurance recoveries."
NewMarket Corporation, through its subsidiaries, engages in the
petroleum additives businesses. NewMarket Corporation was founded
in 1887 and is headquartered in Richmond, Virginia.
ASBESTOS UPDATE: OII Records $225MM Charge to Up Liability
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Owens-Illinois Inc. has recorded a charge of $225 million to
increase its accrued liability for asbestos-related costs,
according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
December 31, 2015.
The Company conducts a comprehensive legal review of its asbestos-
related liabilities and costs annually in connection with
finalizing and reporting its annual results of operations, unless
significant changes in trends or new developments warrant an
earlier review. If the results of an annual comprehensive legal
review indicate that the existing amount of the accrued liability
is insufficient to cover its reasonably estimable asbestos-related
costs, then the Company will record an appropriate charge to
increase the accrued liability. As part of the annual
comprehensive legal review, the Company considers the factors that
affect its estimated accrued liability, and considers the
timeframe used to reasonably estimate the liability for asbestos
claims not yet asserted against the Company using primarily a
qualitative assessment of the state of the asbestos litigation, as
well as a quantitative hindsight review. The hindsight review
includes an examination of the Company's prior estimates of the
accrual for unasserted claims compared to the estimated value of
claims actually received in those periods.
In the fourth quarter of 2015, the Company recorded a charge of
$225 million to increase its accrued liability for asbestos-
related costs. This compares to the 2014 charge of $135 million
although, as noted above, the accrual period for the 2015 charge
is one year longer than for the 2014 charge.
Owens-Illinois, Inc., through its subsidiaries, manufactures and
sells glass containers to food and beverage manufacturers
primarily in Europe, North America, Latin America, and the Asia
Pacific. Owens-Illinois, Inc. was founded in 1903 and is
headquartered in Perrysburg, Ohio.
ASBESTOS UPDATE: Union Carbide Continues to Face PI Suits
---------------------------------------------------------
Union Carbide Corporation continues to be involved in asbestos-
related suits alleging personal injury resulting from exposure to
asbestos-containing products, according to the Company's Form 10-K
filing with the U.S. Securities and Exchange Commission for the
fiscal year ended December 31, 2015.
The Corporation is and has been involved in a large number of
asbestos-related suits filed primarily in state courts during the
past four decades. These suits principally allege personal injury
resulting from exposure to asbestos-containing products and
frequently seek both actual and punitive damages. The alleged
claims primarily relate to products that UCC sold in the past,
alleged exposure to asbestos-containing products located on UCC's
premises, and UCC's responsibility for asbestos suits filed
against a former subsidiary, Amchem Products, Inc.
It is the opinion of UCC's management that it is reasonably
possible that the cost of disposing of its asbestos-related
claims, including future defense costs, could have a material
impact on the Corporation's results of operations and cash flows
for a particular period and on the consolidated financial position
of the Corporation.
Union Carbide Corporation makes the legos of the chemicals world.
The company, a subsidiary of Dow Chemical, turns out building-
block chemicals such as ethylene and propylene, which are
converted into widely used plastics resins, primarily
polyethylene. The chemical company is also a leading producer of
ethylene oxide and ethylene glycol used to make polyester fibers
and antifreeze, respectively. Union Carbide makes solvents and
intermediates (such as oxo aldehydes and esters), vinyl acetate
monomer, water-soluble polymers, and polyolefin-based compounds.
ASBESTOS UPDATE: Scotts Miracle Continues to Defend PI Suits
------------------------------------------------------------
The Scotts Miracle-Gro Company has been named as a defendant in
alleged injuries lawsuits resulting from exposure to asbestos-
containing products, according to the Company's Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarter
ended January 2, 2016.
The Company has been named as a defendant in a number of cases
alleging injuries that the lawsuits claim resulted from exposure
to asbestos-containing products, apparently based on the Company's
historic use of vermiculite in certain of its products. In many of
these cases, the complaints are not specific about the plaintiffs'
contacts with the Company or its products. The cases vary, but
complaints in these cases generally seek unspecified monetary
damages (actual, compensatory, consequential and punitive) from
multiple defendants. The Company believes that the claims against
it are without merit and is vigorously defending against them. It
is not currently possible to reasonably estimate a probable loss,
if any, associated with these cases and, accordingly, no reserves
have been recorded in the Company's condensed consolidated
financial statements. The Company is reviewing agreements and
policies that may provide insurance coverage or indemnity as to
these claims and is pursuing coverage under some of these
agreements and policies, although there can be no assurance of the
results of these efforts. There can be no assurance that these
cases, whether as a result of adverse outcomes or as a result of
significant defense costs, will not have a material effect on the
Company's financial condition, results of operations or cash
flows.
The Scotts Miracle-Gro Company manufactures, markets, and sells
consumer lawn and garden products worldwide. The Scotts Miracle-
Gro Company was founded in 1868 and is headquartered in
Marysville, Ohio.
ASBESTOS UPDATE: CSRA Retains Indemnities for DynCorp Suits
-----------------------------------------------------------
CSRA Inc. will retain indemnities for insured litigation
associated with dormant suits by former employees of DynCorp
subsidiaries alleging exposure to asbestos and other substances,
according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
December 31, 2015.
In connection with CSC's acquisition of DynCorp in 2003 and its
divestiture of substantially all of that business in two separate
transactions (in 2005 to The Veritas Capital Fund II L.P. and DI
Acquisition Corp. and in 2013 to Pacific Architects and Engineers,
Incorporated (collectively, the "DynCorp Divestitures")), CSC
assumed and CSRA will retain various environmental indemnities of
DynCorp and its former subsidiaries arising from environmental
representations and warranties under which DynCorp agreed to
indemnify the purchasers of its subsidiaries DynAir Tech and
DynAir Services by Sabreliner Corporation and ALPHA Airports Group
PLC, respectively. As part of the DynCorp Divestitures, CSC also
assumed and CSRA will also retain indemnities for insured
litigation associated with dormant suits by former employees of
DynCorp subsidiaries alleging exposure to asbestos and other
substances; other indemnities related to a 2001 case arising from
counter-narcotics spraying in Colombia under a U.S. Department of
State contract and the associated coverage litigation involving
the aviation insurance underwriters; and an environmental
remediation claim involving HRI, a former wholly-owned subsidiary
of DynCorp, in Lawrenceville, New Jersey. CSRA does not anticipate
any material adverse effect on its financial position, results of
operations and cash flows from these indemnities.
CSRA Inc. delivers a range of IT solutions and professional
services to help its U.S. government customers modernize their
legacy systems, protect their networks and assets, and improve the
mission-critical functions for warfighters and citizens. CSRA Inc.
was incorporated in 2015 and is headquartered in Falls Church,
Virginia.
ASBESTOS UPDATE: Tests Find Asbestos in Melbourne Wall Debris
-------------------------------------------------------------
Liam Mannix, writing for The Age, reported that the site of a
building that collapsed onto a footpath in North Melbourne has
been found to be riddled with asbestos.
The CFMEU claims WorkSafe failed to properly inspect and make the
site safe, which may have put local residents at risk.
A brick wall at the partially-demolished Royal Park Hotel in North
Melbourne came crashing down on to the footpath, spraying bricks
at nearby pedestrians.
Nobody was injured in the collapse.
The building had asbestos clearance before Brunswick-based
contractor, Sustainable Demolition began work on the site. But
fresh tests completed at the site by WorkSafe came back positive
for asbestos.
"Small fragments of cement sheeting which contain asbestos
material have been found in some of the debris on the site,"
WorkSafe said in a statement posted on the agency's website. No
asbestos fibres were found in the air.
Victoria's Construction, Forestry, Mining and Energy Union said it
had alerted regulators including WorkSafe that the site was unsafe
on Tuesday.
WorkSafe and the city council attended the site on Tuesday, before
the collapse, but only deemed certain areas of the demolition
unsafe, the union claims.
"Unfortunately it's been positively identified there was asbestos
in the rubble -- which means the plumes of dust that went down
Howard and Queen street would have contained asbestos," CFMEU boss
John Setka said.
"When the union stopped the job, WorkSafe shouldn't have allowed
the job to resume. There were a whole heap of illegal activities
being undertaken. Potentially this almost led to a fatality."
WorkSafe says the risks of any asbestos-related complications to
demolition workers, people in neighbouring buildings or anyone
close to the wall when it collapsed are minimal.
Despite this, the discovery of the material means that the entire
site has now been classified as contaminated.
All waste will have to be bagged and disposed of using proper
asbestos protocol, adding time and thousands of dollars to the
cost of the demolition.
ASBESTOS UPDATE: Health Board At Financial Risk from Asbestos
-------------------------------------------------------------
Eileen Goodwin, writing for Otago Daily Times, reported that
asbestos poses a financial risk at the Southern District Health
Board, which is under pressure from the health minister and
Wellington officials to "accelerate'' cost-cutting, a document
released under the Official Information Act shows.
It is hoped the board will post a smaller deficit than the
$35.9million forecast, but this was at risk because of the
discovery of asbestos at Dunedin Hospital last year, the document
says.
At the end of February, the board had spent more than $640,000 on
managing the asbestos scare, but no up-to-date figure was
available.
A document released to the Labour Party reveals commissioner Kathy
Grant had been told changes must be "advanced quickly''.
"The Minister of Health [Jonathan Coleman] met with the
commissioner at the end of 2015 and clearly outlined his
expectations that plans to improve the financial position on a
more permanent basis needed to be accelerated,'' the document
says.
Mrs Grant and her commissioner team will make decisions in July
before "consultation and implementation'' in August and September,
the February report to Dr Coleman shows.
Labour health spokeswoman Annette King said the consultation
period was not long enough.
"When you think of the size of the DHB and the service proposals
affect the far-flung parts of the whole DHB, that seems to be a
very short time for consultation.''
Labour would continue to pursue documents under the OIA in order
to find out what the commissioner team was up to.
"I'm really disappointed that the commissioners aren't more
engaging and more open,'' Mrs King said.
In a response last night, Mrs Grant rejected a suggestion the
board was under pressure to save money.
"Southern DHB is acutely aware and committed to the imperative of
better leveraging opportunities and efficiencies that can come
from an aligned, integrated, high-performing healthcare system
that better serves our population,'' Mrs Grant said.
The commissioner team would tell the public its plans when "it is
appropriate to do so''.
Officials told Dr Coleman the board had been tracking relatively
well financially during this financial year.
"There are risks to the DHB maintaining this performance,
including its need to meet unplanned costs relating to the
discovery of asbestos in its clinical services building in October
2015.
"The exact costs of this are still being determined.''
In October, parts of the clinical services building were
temporarily closed because of an asbestos scare.
Most areas were soon back up and running, but a pair of lifts are
still closed, and it is not known when they will reopen.
The board has been working out how to deal with hundreds of
deposits of asbestos, some of which need to be removed.
The potential service changes include proposals for long-term
conditions, older people's health services, and urgent care, but
there was no information about how it might affect patients.
Legislation working its way through Parliament to scrap this
year's health board election would allow "closer oversight'' to
move the board back to a break-even financial position, officials
told Dr Coleman.
Even with cuts planned, the board will be in deficit for at least
another three years, its recently released annual plan shows.
The predicted deficit figure remains stuck at more than $30million
in 2016-17, 2017-18 and 2018-19.
ASBESTOS UPDATE: Former Colleagues Help Dying Shipyard Worker
-------------------------------------------------------------
North-West Evening Mail reported that former colleagues have come
forward to help a former Barrow shipyard joiner suffering from
asbestos-related lung cancer in his hunt for answers about why his
former employers allowed him to be exposed to deadly levels of the
toxic dust.
Douglas Newby launched an appeal to his ex-colleagues for any
information about the working conditions they experienced in the
yard, joiners' shop and aboard ships during the 1950s and 60s.
Since the article was published in the Evening Mail, in print and
online, two witnesses with valuable evidence have come forward.
Mr Newby, 79, was diagnosed with lung cancer in September 2015. An
army man in his youth, with a clean bill of health most of his
life, he had been having problems with breathlessness, finding it
harder and harder to walk uphill to his home and decided to get
checked out.
We were not told that asbestos could be harmful
The outcome was devastating -- he was diagnosed as suffering from
lung cancer which is believed to be due to heavy exposure to
asbestos.
As the disease has progressed, every aspect of his life has been
affected. Once an active, social man who enjoyed working with his
hands, he now finds himself housebound, unable to carry out basic
tasks without becoming short of breath.
Mr Newby has now instructed expert industrial disease lawyers,
Hodge Jones & Allen, based in London, to investigate where and why
he was exposed to asbestos dust and to find out if more could have
been done by his former employers to protect him from the lethal
substance.
He told his lawyers that he had been exposed to asbestos at work
while working as a joiner at the shipyard which was then owned by
Vickers-Armstrongs (Shipbuilders) Limited. He worked for them
initially as an apprentice joiner from 1952 to 1958, and then as a
fully qualified ship joiner from 1960 to 1961, and then again in
1962 till about 1965.
In the course of his employment, Mr Newby worked in the joiners'
shop where he built furniture for the ships in the yard. He also
spent a lot of time working aboard ships building cabins, fitting
them out with walls and partitions and installing furniture.
The corridors of the ships where he worked had steam and hot water
pipes running through them. Asbestos was used to insulate these
pipes and laggers carried out this insulation work, spraying dark
grey asbestos onto the pipes and then wrapping them with asbestos
cloth. Much dust was generated in the process and as the spillage
and dust were swept up later. He recalls everyone's work clothes
being covered in this dust.
Mr Newby also used a material containing asbestos himself. In
1960, he built toilets and a cinema on the ocean liner Oriana. His
employer provided him with 'marinite' board for this purpose.
He sawed, drilled and fixed the marinite board, often working in
confined spaces, becoming covered with white asbestos dust in the
process. He only found out after his diagnosis last year that
marinite contained asbestos.
Commenting on his condition Douglas said: "The consultant told me
that they could offer me chemotherapy but, if it worked, it could
only prolong life, not cure the illness. I have decided against
it.
"It was absolutely devastating to hear this news; although I was
worried at the start of the investigations that I might have
cancer, I was not expecting it to be related to asbestos exposure.
"We were not told that asbestos could be harmful, something which
I now think is criminal. We had no masks to wear and with the name
of the product, marinite, not having any reference to asbestos, we
did not know it had any connection to asbestos. We just thought it
was another product we were using."
ASBESTOS UPDATE: Orlando Fire Dept., City May Be Fined
------------------------------------------------------
WFTV9.com reports that 9 Investigates has learned that the city of
Orlando and the Fire Department could face tens of thousands of
dollars in fines after firefighters were exposed to dangerous
asbestos while prepping an apartment building for live fire
training in February.
On Wednesday, Channel 9 reported about a lab report that showed
high levels of asbestos were present on gear at the site on Mercy
Drive.
An investigation has since been launched by the county's
Environmental Protection Division.
The investigation is ongoing, but the city was issued a warning
letter, and the Fire Department a violation letter for violating
county code when firefighters removed that asbestos from the
building.
The letter alleges the city violated Orange County code, Florida
administrative code, and National Emission Standards for Asbestos.
It says the city failed to notify and submit a "notice of
demolition or asbestos renovation form" and "proof that a thorough
asbestos inspection of the facility was done prior to demolition."
The Environmental Protection Division met with the city's
environmental staff, which provided the information and "after the
fact asbestos notification."
The city also paid $1,000 for the emergency notification for
removal of the asbestos originally removed by the firefighters.
The city is cooperating with the county to address their
concerns," an Orlando spokesperson said.
In a separate violation letter to Orlando's fire chief, the
Environmental Protection Division alleges the Fire Department
violated Orange County code, saying it, "failed to notify the
Environmental Protection Division of their intent to conduct a
training burn at these apartments on Mercy Drive February 8."
According to the settlement guidelines set forth by the state of
Florida, the city and the Fire Department could face fines up to
$25,000 per violation because asbestos is deemed a hazardous
substance.
ASBESTOS UPDATE: Imports on Rise, Families Call for Total Ban
-------------------------------------------------------------
Bruce Cheadle, writing for The Canadian Press, reported that trade
unions and affected family members say it's long past time to ban
all asbestos products in Canada, calling them the country's number
one workplace killer.
A tearful Michelle Cote, whose boiler maker father was diagnosed
with deadly, asbestos-caused mesothelioma in 2014, told an Ottawa
news conference that no one deserves to die this way.
According to studies funded by the Canadian Cancer Society, more
than 2,000 Canadians die from asbestos exposure every year, with
580 new cases of incurable mesothelioma diagnosed in 2014.
Canada closed its last asbestos mine in Quebec five years ago but
continues to import millions of dollars of asbestos products,
including brake pads for vehicles and pipes used in building
construction, with imports nearly doubling between 2011 and 2015.
Hassan Yussuff of the Canadian Labour Congress says he's been in
discussion with the Liberal government and is imploring it to
quickly pass legislation banning the import and use of materials
containing asbestos.
Yussuff says every product currently used containing asbestos is
easily replaceable, with many of the safer alternatives -- such as
ceramic brake pads -- manufactured right in Canada.
"There is no reason for delay," Yussuff said Friday.
He was flanked at the news conference by several people with
personal experience of asbestos tragedies.
"My dad, although still alive, is lost," Cote said of her 71-year-
old father Clem, "the big kahuna" with a zest for life who now
finds it difficult to speak.
"Dad knows we can't help those men and women who have already been
exposed," said Michelle Cote. "This plea is something he, and we,
can do to stop future generations from facing the same death
sentence."
For every case of mesothelioma, there four cases of other lung
cancers caused by asbestos fibres but less easily identified, said
Paul Demers, the director of the occupational cancer research
centre at Cancer Ontario.
Asbestos was recognized as a workplace carcinogen in the 1950s and
has been banned in several Nordic countries for three decades, but
remains legal for use in Canada.
Demers said asbestos-related cancers take many years to develop.
"We can't undo the sins of the past but we can take steps to
prevent cancer in the future," said the researcher.
Renee Guay, whose father died a "gruesome death" from mesothelioma
in 2011 and whose uncle has since been diagnosed with the disease,
said that in her current work she sees contractors who fail to
shower after cutting asbestos pipes, potentially carrying deadly
fibres home to their families.
"Why is it we let this well-known, proven killer walk free?" Guay
said of asbestos. "Who are we really protecting, because certainly
it's not our fellow citizens."
ASBESTOS UPDATE: Ariz. Jury Awards $17MM to Navy Civilian Worker
----------------------------------------------------------------
A federal jury in Phoenix awarded $17 million in damages to the
family of a retired civilian employee of the U.S. Navy who died
from the fatal asbestos disease mesothelioma after working for
years in the Norfolk Naval Shipyard in Virginia.
Trial testimony showed that George Coulbourn worked as a shipyard
machinist from 1959 to 1966, where he primarily repaired and
maintained equipment on naval ships. Those duties included the
regular removal of asbestos-containing gaskets and packing from
valves manufactured by the defendants and their predecessors.
Mr. Coulbourn died in 2012 at age 73, less than a year after being
diagnosed with mesothelioma, a terminal cancer found in the lining
of the lungs that is primarily caused by asbestos exposure. He and
his wife retired to Lake Havasu City, Arizona, following Mr.
Coulbourn's almost 37-year career as a civilian employee of the
U.S. Navy.
Jurors returned their verdict April 22 following a three-week
trial and four hours of deliberations. They assessed $9 million
in compensatory damages with 20 percent responsibility for Mr.
Coulbourn's injuries and death against Connecticut-based
industrial product manufacturer Crane Co. (NYSE: CR) and 5 percent
against Cincinnati-based valve manufacturer William Powell Co.
Jurors determined that other companies and the U.S. Navy were
liable for the remaining 75 percent of exposure.
The verdict also included $5 million in punitive damages against
Crane Co. and $3 million against William Powell Co.
"These companies have been denying the hazards of their asbestos
products for decades, but the truth is that they have known since
at least the 1930s that asbestos could kill," said David
Greenstone, trial attorney for the Coulbourn family and a founding
shareholder in Dallas-based Simon Greenstone Panatier Bartlett
P.C. "They never warned Mr. Coulbourn about the potential hazards.
He died due to their negligence, and this jury held them
accountable. Hopefully, this verdict will help the Coulbourn
family find a measure of comfort and closure after so much pain."
The case is Sandra Brown Coulbourn, surviving wife and on behalf
of decedent's surviving statutory beneficiaries, George Coulbourn,
Jr., Scott Alan Coulbourn and Shannon Coulbourn Moses v. Crane
Co., et al., No. CV 3:13-cv-08141-PCT-SRB.
In addition to Mr. Greenstone, the Coulbourn Family was
represented by Simon Greenstone Panatier Bartlett, P.C. associates
Jordan Blumenfeld-James and Sam Iola.
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.
ASBESTOS UPDATE: Retired Carpenter Dies of Lung Cancer
------------------------------------------------------
Exeter Express and Echo reported that a retired carpenter who
spent nine years working with asbestos died eight months after
being diagnosed with the disease.
Keith Lamberth, of Madeira Villas, Exmouth, wrote a statement six
months before his death saying his job exposed him to a lot of
asbestos.
It was read out during an inquest into the 68-year-old's death at
Exeter's County Hall.
In it he revealed he had been suffering from breathing
difficulties since October 2014, which he attributed working as an
apprentice shopfitter for a company in Exeter from 1963 to 1968,
and then in Lympstone from 1969 to 1972. His job included ripping
out old shops and refitting them.
He said: "I pulled out a lot of asbestos ceiling tiles and a lot
of dust would go over me as the tiles disintegrated.
"I also cut up asbestos sheets and didn't realise it was dangerous
at the time.
"For the rest of my employment I was not exposed to asbestos."
He added: "I have not worked since Christmas 2014 due to my
illness.
Exeter-born Mr Lamberth was diagnosed with malignant mesothelioma
in April 2015, and the disease progressed so quickly he was told
he would not benefit from chemotherapy.
He was admitted into Hospiscare in Exeter on December 8, where he
died four days later on December 12, at 2.30pm.
A post mortem examination confirmed the cause of death was
malignant mesothelioma caused by asbestos exposure.
His GP, Liz Acheson at Woodbury Surgery, said suspicions of the
disease were first raised two months before he was diagnosed.
She described Mr Lamberth as a "brave" man throughout his illness.
She added that towards the end of his life he suffered
increasingly with lung problems and needed a "significant" amount
of oxygen, and started to suffer from hallucinations.
The verdict of the inquest was industrial disease.
ASBESTOS UPDATE: New Hampshire City Kept in Dark on Probe
---------------------------------------------------------
Keith Eddings, writing for Eagle-Tribune, reported that city
inspectors overseeing the construction of 81 apartments scheduled
to open at Pacific Mills this summer were kept in the dark about
federal and state investigations into allegations that a New
Hampshire contractor dumped truckloads of debris laced with
asbestos and lead at the site, Mayor Daniel Rivera said Thursday.
The federal Environmental Protection Agency and the Massachusetts
Department of Environmental Protection began investigating the
allegations about eight months ago, but the city learned of them
from media reports only this week, Rivera said.
"We immediately tried to reach out to the EPA," Rivera said. "They
told us they couldn't talk about it.... I wish we had gotten a
heads up."
EPA spokesman David Deegan did not return a phone call seeking
comment on whether the agency should have warned city building and
code inspectors working at the Pacific Mills construction site
that the toxins may have been illegally dumped there. DEP
spokesman Joseph Ferson would not say even whether the agency is
investigating the allegations, citing policy.
Although asbestos goes airborne when broken or crumbled,
investigators suspect the contaminants allegedly dumped at Pacific
Mills were mixed in the cement of the basement flooring of
building 3, a few doors down from building 6, where the
residential conversion is underway.
The 700,000-square-foot,19th-century former textile mill has 60
commercial tenants, according to the Pacific Mills web site. It
could not be learned if the building where the contaminants
allegedly were dumped is occupied.
Rivera said Brady Sullivan of Manchester, N.H., the company that
owns Pacific Mills, agreed to send "a delegation" to meet with him
to discuss the allegations.
Marc Pinard, a spokesman for Brady Sullivan, rejected a request
for an interview on Thursday. In an email, he said the company
"engaged in no wrongdoing or illegal activity at Pacific Mills or
elsewhere" and suggested allegations that it did are an attempt to
smear the company.
"Brady Sullivan is making a tremendous financial investment in the
city of Lawrence at Pacific Mills and greatly regrets the efforts
of those who are seeking to diminish its reputation and cast the
company in a negative light," Pinard said. He did not respond to
an email asking who might be attempting to smear the company.
The company also has said in published reports a "rogue
contractor" may have dumped the truckloads of contaminants in
Lawrence, but did not identify the contractor.
In a broadcast, New Hampshire Public Radio said the contractor is
Environmental Compliance Specialists Inc. of Kingston, N.H. Citing
emails exchanged by DEP and EPA investigators that were leaked to
the radio station, the station said the agencies suspect ECSI
trucked the contaminants to Lawrence from another mill building
Brady Sullivan is renovating in Manchester.
ECSI is working for Brady Sullivan at both sites, converting
sections of the mills into residential lofts. At the Manchester
site, a residential development called West Mill, Brady Sullivan
was fined $12,500 by the the federal Occupational Safety and
Health Administration last year after exposing dozens of tenants
to lead dust while sandblasting paint off walls, according to the
radio station. The EPA ordered a cleanup and a tenants group is
suing.
Calls to Jesse Wright, the owner of ECSI, were answered by a voice
mailbox that was not taking messages.
The investigation into allegations that ECSI was dumping lead
paint chips and asbestos at Pacific Mills began in September, when
a Brady Sullivan subcontractor tipped the DEP that the contractor
had shipped 10 truckloads of the debris across the New Hampshire
line, the radio station reported, citing the leaked emails.
DEP investigator Tim Dame found piles of the contaminated debris
at Pacific Mills site and questioned Wright, the ECSI owner, and
an unnamed Brady Sullivan supervisor, the radio station reported,
citing the leaked emails.
The supervisor told Dame that "ECSI may have "brought some fill
in," the station reported, citing the emails.
The station also reported that Brady Sullivan says it has placed
the material in 55-gallon drums and is awaiting permission from
the DEP to dispose of it. It's unclear if that means the
contaminants that allegedly were mixed with concrete in the
basement of building 3 have been jack-hammered and removed.
ASBESTOS UPDATE: Asbestos Found in Two FEMA Buyout Homes
--------------------------------------------------------
Denise A. Raymo, writing for Press-Republican, reported that
asbestos was found in the final two homes scheduled for demolition
as part of a federal buyout of flood-prone properties on Lower
Park Street.
Franklin County Emergency Services Director Ricky Provost and
County Highway Superintendent Jonathan Hutchins recently told
legislators they had verbal confirmation of the presence of
asbestos at 313 and 319 Lower Park.
They are awaiting written results that will allow Hutchins to
write the bid specifications for qualified contractors interested
in the abatement project.
The county is administering the $750,000 Federal Emergency
Management Agency Hazard Mitigation Grant awarded to the Town of
Malone to purchase 10 parcels in the 300 block of Lower Park
adjacent to the Salmon River, which floods the properties nearly
every year.
The impacted parcels are at 313, 319, 336, 344, 353, 356, 362, 363
and 377 Lower Park St. and a vacant site at 363 Lower Park.
All but two homes have been leveled, and the final two will be
taken down once the asbestos abatement is completed.
Hutchins said one site has 15 square feet of contamination -- a 3-
by-5-foot piece of linoleum that is not glued to the floor.
The second property has blocks of vermiculite insulation in the
attic, he said, which is loosely packed and typically found
between floor joists and inside outer walls.
But because asbestos is present in a much larger area, the entire
structure will be treated as contaminated and removed, Provost
said.
FEMA gave the county and town a year to finish the demolition,
removal and associated work, and Hutchins said the positive
asbestos results are not expected to delay that timeline, which
began in December.
The next step, as the county awaits the bids, is for the Highway
Department crews to continue removal of the remaining septic
systems and cap the drilled wells at each buyout property.
Lower Park Street flooding has been an issue for residents,
drivers and political leaders for years as the depth of the Salmon
River became progressively shallow.
What was once a waterway several feet deep and teeming with a
variety of fish has become just inches deep in many places, which
means it freezes quickly in the winter and forces the water over
the river's banks and onto the nearby lawns.
Each property was flooded nearly every January, causing some
owners to seek temporary shelter elsewhere as water rushed through
their homes and filled their basements and lower-level living
quarters.
ASBESTOS UPDATE: Steelworker's Mum Dies of 2nd-Hand Exposure
------------------------------------------------------------
Scunthorpe Telegraph reported that the mother of a former
Scunthorpe steelworker died after being exposed to asbestos while
washing her son's work clothes, an inquest heard.
Doreen Wilson, 88, of Ashby Road, Scunthorpe, was exposed to the
substance while cleaning her son's clothes and overalls between
1981 and 1991 when he worked for the steelworks after starting as
an electrician apprentice, the hearing was told.
She was diagnosed with mesothelioma -- a type of cancer
predominantly caused by exposure to asbestos -- and died at home
on January 2 this year.
At an inquest into her death, held at the Civic Centre in
Scunthorpe, a letter written by Mrs Wilson before her death
detailed her exposure to asbestos. She said that she washed her
son, Andrew's, clothes when he started as an apprentice
electrician at the steelworks in 1981 until he left home in 1991.
She said she would launder his overalls and work clothes once a
week, which were "covered in dust" that got stuck in pockets and
on the clothes.
She added he came home dirty from work each day and that dust in
his hair and on his clothes would go onto the furniture.
A statement from her letter said: "It is extremely concerning to
me that my son was allowed to work in inadequate conditions and
given no warning about asbestos and not provided with laundry
facilities."
She added that her son had gone on to do "very well in British
Steel".
Speaking at the inquest, Mr Wilson said as an apprentice, he had
started training next to the old Normanby Park works, where it
became known that some compartments of equipment contained
asbestos.
He said: "In that area there were workshops and classrooms giving
training on the equipment.
"A lot of the equipment was donated from older areas of the plant
and we came to know that some compartments contained asbestos.
"We were located on the main steelworks in Scunthorpe where we did
a lot of work ourselves installing panels. I was signed 12 months
there. As part of the apprenticeship we moved around the works."
He added that during his time working in Scunthorpe, he carried
out a lot of electrical work maintenance on sub-sections of
compartments containing asbestos in a dusty and dirty environment.
"Asbestos wasn't spoken about in the early years, in the late 80s
it was more prominent and there was more information about
asbestos.
"I became aware parts I was using for years had asbestos. No
precautions were taken," he said.
Coroner Paul Kelly ruled that Mrs Wilson died as a result of
industrial disease.
ASBESTOS UPDATE: Widow Sues Following Husband's Death
-----------------------------------------------------
Madison Record reported that the widow and special administrator
of her husband's estate is suing over his alleged exposure to
asbestos that the suit claims led to his death. Negligence and
spoilation of evidence are among the counts.
Charrlette Jones, individually and as special administrator of the
estate of Alfred E. Jones, deceased, filed the suit April 6 in St.
Clair County Circuit Court against Armstrong International and
several other named defendants.
In his nearly 40-year working life, the deceased worked around
asbestos-containing products and was also allegedly secondarily
exposed to them through his father, who worked as a farmer and as
a laborer, according to the complaint.
At various times during his work life, the deceased was allegedly
exposed to, inhaled, ingested or absorbed large amounts of
asbestos fibers emanating from certain products he was working
with.
On Jan. 16, the deceased first became aware that he had developed
lung cancer, an asbestos-induced disease, of which he died on
March 1, according to the suit.
For five counts against all the defendants the plaintiff seeks
judgment in excess of $50,000 and economic damages. She is
represented by Randy L. Gori and Barry Julian of Gori, Julian &
Associates PC in Edwardsville.
St. Clair County Circuit Court case number 16-L-197
ASBESTOS UPDATE: Ohio Court Looking for Heirs in $2MM Payout
------------------------------------------------------------
The Associated Press reported that a northeast Ohio court is
trying to track down for heirs to hundreds of rubber workers who
died or became very ill because of exposure to asbestos as it
looks to pay out about $2 million in legal claims.
Heirs have been found for many of the deceased workers with
pending claims in the past year. The Summit County Probate Court
posted a list on its website of about 850 deceased rubber workers
whose heirs haven't been located, The Akron Beacon Journal
reported.
An $80 million fund was created in 2004 after insurance giant
Travelers Cos. settled with lawyers for thousands of workers who
had asbestos-related claims. A series of appeals delayed payouts
until the 2nd U.S. Circuit Court in New York ordered Travelers to
pay in 2014.
"After a long fight, we finally created a pot of money," attorney
Tom Bevan said. "Unfortunately, so much time passed, we have been
unable to locate heirs."
Bevan & Associates, a Boston Heights-based law firm that helped
fight the asbestos litigation, filed about 1,700 cases in probate
court last year involving rubber workers who died and whose heirs
couldn't immediately be found. The move gave them time to try to
locate surviving descendants.
If the attorneys had an address for the rubber workers or their
family, they sent them a letter. They also did online searches and
tried to reach them by phone.
Damage claims range from $2,100 to $23,000, based on medical
diagnoses for various asbestos-related illnesses.
About 19,000 cases are being paid from the settlement across the
country. Summit County has the most, with about 6,000.
Heirs have been located in about half of the county's pending
probate cases.
"We still have a long ways to go," Bevan said.
*********
S U B S C R I P T I O N I N F O R M A T I O N
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