/raid1/www/Hosts/bankrupt/CAR_Public/011106.mbx              C L A S S   A C T I O N   R E P O R T E R

             Tuesday, November 6, 2001, Vol. 3, No. 217


ABC/VALLEYCREST: "Who Wants To Be A Millionaire?" Case May Be Reopened
AID ASSOCIATION: Three-Year-Old Lawsuits Sent To Arbitration
ENRON CORPORATION: Cohen Milstein Files Securities Suit In S.D. Texas
FORD MOTOR: Settlement Terms Disagreement Halts Negotiations
LEGAL NOTICE: Stull Stull Issues Complaints Periods

LEGAL NOTICE: Milberg Weiss Releases Securities Class Periods
LEGAL NOTICE: Wechsler Harwood Announces Class Periods
LEGAL NOTICE: Law Offices Of Charles J. Piven Issues Class Periods
SEATTLE, WA: WTO Protestors' Lawyer Claims Recent Ruling Not Fatal
SOTHEBY'S: Trial of Price-fixing Suit Against Head Kicks Off Next Week

TENNESSEE: Black Leaders Promise Protests Over Access MedPLUS Closing
TOBACCO LITIGATION: Court Finds Way To Give Jurors Higher Pay
WOLVERINE PIPE: Michigan Appellate Court Suspends Suit Pending Review


ABC/VALLEYCREST: "Who Wants To Be A Millionaire?" Case May Be Reopened
A recent Supreme Court ruling allowing a disabled golfer to participate in
PGA tournaments will likely aid the reconsideration of the case filed
against the producers of popular game show "Who Wants To Be A Millionaire?"

According to Miami Daily News Review, U.S. District Judge Federico Moreno,
who dismissed the case last year for lack of merit, has asked the appellate
court to remand the case for reconsideration.

The appellate court is set to take up the case against ABC and Valleycrest
Productions on November 16.

Four disabled Floridians, who claim that the procedures to qualify for the
show violate Title III of the Americans with Disabilities Act, filed the

One of the plaintiffs, Sergio Rendon, a quadriplegic, says the procedures
automatically eliminate him from the competition. He uses a mouth stick to
operate a computer or telephone and says the game doesn't give him enough
time to press the buttons.

To qualify for the right to compete on the air, would-be contestants must
answer questions within 10 seconds, using the keys on their push-button
telephones at home.

Under the law, businesses or public accommodations are obligated to ensure
that no disabled be excluded, denied services, segregated or otherwise
treated differently than other individuals for a lack of auxiliary aids and

Lawyer Michael Lanham, who is also a quadriplegic, says the 7-2 ruling on
the case of golfer Casey Martin is key to his case.

"The PGA Tour is not a physical place either. It's an organization. So if it
is subject to the Supreme Court ruling, I am sure a private entity that runs
a television studio would be subject to it," he says.

Martin suffers from a degenerative circulatory disease that prevents him
from walking without pain.  The PGA requires competitors to walk from one
hole to another.

The court ruled that Martin should be allowed to use a cart as it would not
fundamentally alter the nature of the game, which is about "shot making" and
not about walking from one hole to the next.

"This case will be a building block as far as access for all electronic
media," says Lanham, referring to his case.

The suit is asking the court to prevent the network from holding further
contests until accommodations were made for the handicapped. It is also
seeking unspecified damages plus attorneys fees and costs.

AID ASSOCIATION: Three-Year-Old Lawsuits Sent To Arbitration
Insurer Aid Association for Lutherans scored a victory last week in the
three-year-old class action suits filed against it when a Milwaukee court
sent the cases into arbitration, the Associated Press says.

The two lawsuits accuse the organization and its sales agents of forcing
them to convert to less desirable insurance products in the 1980s.

The AAL members argue that they should not have to comply with a March 1999
change in the organization's bylaws.

The change required members who have disputes with AAL to appeal to the
company for internal review, then go to mediation, and finally to submit to
binding arbitration.

Prior to the change, the organization's bylaws had no determined process for
resolving disputes.

The plaintiffs say they didn't have to go into arbitration because they
bought their insurance policies before the change was made.

But U.S. District Judge C.N. Clevert ruled that when the members joined AAL,
they agreed to abide by any future changes in its bylaws, as long as those
changes didn't destroy or diminish the benefits AAL promised to pay.

ENRON CORPORATION: Cohen Milstein Files Securities Suit In S.D. Texas
Cohen, Milstein, Hausfeld & Toll, P.L.L.C. filed recently a class action
suit in the United States District Court for the Southern District of Texas
(Houston Division), on behalf of purchasers of the common stock of Enron
Corporation (NYSE:ENE) during the period of January 18, 2000 through and
including October 17, 2001.

The complaint alleges that the defendants violated section 10(b) of the
Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, and
that defendants' wrongful conduct artificially inflated the price of Enron
common stock during the Class Period.

The complaint charges that the defendants misrepresented and concealed
material facts concerning the Company's financial transactions with two
partnerships established by Enron's then Chief Financial Officer, which
resulted in substantial losses to Enron and a reduction in shareholders'
equity of over $1 billion.

The price of Enron's common stock has plummeted over 50% since the
disclosure of the financial losses resulting from Enron's dealings with
these partnerships.

For more information, contact Mary Ann Fink by Mail: 1100 New York Avenue,
NW West Tower, Suite 500 Washington, DC 20005 by Phone: 888/347-4600 or
202/408-4600 or by E-mail: afriedman@cmht.com or mfink@cmht.com

FORD MOTOR: Settlement Terms Disagreement Halts Negotiations
Negotiations to settle the various discrimination suits against Ford Motor
Co. have broken down over disagreement regarding the terms, the Associated
Press reported recently.

Lawyers from both side cut the settlement talks Friday after Ford attorney
Oliver Mitchell expressed dissatisfaction over the plaintiffs' proposals.

The report did not indicate what those proposals were.  The Company,
however, is insisting on settling all the cases together or for individual
plaintiffs to take less money.

At least two class action suits and several individual suits on behalf of
current and former managers claim the company's evaluation system favored
younger, so-called "diversity" candidates.

They claim that Ford's Performance Management Process was used unfairly to
weed out older white males in favor of women and minorities.

Employees were graded using "A, B, or C" designations. Those receiving a "C"
could lose bonuses and raises, and two consecutive "C" grades could mean

LEGAL NOTICE: Stull Stull Issues Complaints Periods
Notice to purchasers of these securities regarding the class periods:

CORPORATION                                  CLASS PERIOD

DQE, Inc. (NYSE:DQE)                      12/06/00 - 04/30/01
Enron Corp. (NYSE:ENE)                    01/18/00 - 10/17/01
Providian Financial Corp. (NYSE:PVN)      06/06/01 - 10/11/01

You should be aware that class action complaints involving the securities of
the above companies were filed on behalf of investors by the law firm of
Stull, Stull & Brody. Stull,

If you wish to discuss these cases or have any questions concerning your
rights or interests, please contact Tzivia Brody, Esq. at Stull, Stull &
Brody by calling toll-free 1-800-337-4983, or via e-mail at SSBNY@aol.com,
or by fax at 212-490-2022, or by writing to Stull, Stull & Brody, 6 East
45th Street, New York, NY 10017.

LEGAL NOTICE: Milberg Weiss Releases Securities Class Periods
Milberg Weiss/California gives notice to purchasers of these securities for
class periods:

CORPORATION                                          PERIOD

GenesisIntermedia, Inc. (NASDAQ:GENI)           12/21/99-09/25/01
To sign up on-line: www.milberg.com/genesis/

Loudcloud, Inc. (NASDAQ:LDCL)                   Pursuant to 3/8/01 IPO
To sign up on-line: www.milberg.com/loudcloud/

Providian Financial Corporation (NYSE:PVN)      06/06/01-10/18/01
To sign up on-line: www.milberg.com/providian/

WestPoint Stevens, Inc. (NYSE:WXS)              02/10/99-10/10/00
To sign up on-line: www.milberg.com/westpoint/

You should be aware that class action complaints involving the securities of
the above companies were filed on behalf of investors by the law firm of
Milberg Weiss Bershad Hynes & Lerach LLP, often in cooperation with other
major experienced securities firms.

If you wish to discuss these cases or have any questions concerning these
cases or your rights or interests, please contact: William S. Lerach or
Darren J. Robbins of Milberg Weiss/California at 800/449-4900, via e-mail at

LEGAL NOTICE: Wechsler Harwood Announces Class Periods
Notice to persons who transacted in these securities and their respective
class periods:


ENRON, INC.       01/18/00-10/17/01  12/21/01

DQE, INC.         12/06/00-04/30/01  12/05/01

Wechsler Harwood Halebian & Feffer LLP has been retained to investigate
claims or filed class action complaints involving the securities of the
above companies on behalf of investors.

If you wish to discuss these actions, or have any questions concerning this
notice or your rights or interests with respect to these matters, please
contact Wechsler Harwood Halebian & Feffer LLP, 488 Madison Avenue, New
York, New York 10022, by calling toll free 877-935-7400 or by contacting:

Craig Lowther, Wechsler Harwood Shareholder Relations Department; DQE, Inc.:

Ramon Pinon, IV, Wechsler Harwood Shareholder Relations Department; Enron,
Inc.: rpinoniv@whhf.com.

LEGAL NOTICE: Law Offices Of Charles J. Piven Issues Class Periods
Law Offices Of Charles J. Piven, P.A. announced recently that one or more
securities actions requesting class action status have been initiated in
various courts alleging violations of federal securities laws on behalf of
purchasers of one or more of the listed securities for the designated class
period(s). Also, possible claims exist against one or more of these
companies (and/or against one or more of the underwriters of the initial
public offerings of one or more of the listed companies) for conduct
occurring during the period(s) indicated:

(OTC:  MCOMQ)                 06/21/99-07/02/01




If you purchased stock in any company listed above during the period
indicated, you may have certain rights. No class has yet been certified in
the above action(s) that has/have been filed or no cases have yet been

Until a class is certified, you are not represented by counsel unless you
retain one. You have the right to retain counsel of your choice to represent
you. To be a member of the class you need not take any action at this time.

If you were a purchaser of the stock of any of the companies listed above
during the period indicated and want to discuss your legal rights, or if you
have information that you believe would assist an investigation into whether
any of the above companies have failed to disclose material information, you
may e-mail or call Law Offices Of Charles J. Piven, P.A. who will, without
obligation or cost to you, attempt to answer your questions.

You may contact Law Offices Of Charles J. Piven, P.A. at The World Trade
Center-Baltimore, 401 East Pratt Street, Suite 2525, Baltimore, Maryland
21202, by email at pivenlaw1@erols.com or by calling 410/986-0036.

SEATTLE, WA: WTO Protestors' Lawyer Claims Recent Ruling Not Fatal
Attorneys representing peaceful WTO protestors say the recent ruling by U.S.
District Court Judge Barbara Rothstein will not affect the class action
lawsuit filed against the City of Seattle, Washingon and its police

The ruling, issued by Judge Barbara Rothstein on October 29, stated that
"Order Number Three," which barred protestors from a 25-square block area,
was in the interests of public safety and did not violate the constitutional
rights of those protesting, in part because it did not favor one type of
protest over another.

According to Steve Berman, the attorney working on behalf of the Trial
Lawyers for Public Justice (TLPJ), who filed the suit on behalf of
plaintiffs, the court's ruling only covers a small part of the case.

Berman noted that he has not decided whether to appeal the ruling now, or
wait until after the remainder of the plaintiffs' claims go to trial.

"Even with the ruling intact, we believe that we can prove our charges that
the city had a plan in place to stifle the constitutional rights of those
peacefully protesting the conference."

Whether the ruling is appealed now or in the future, Berman is confident
that the ruling will be overturned.

According to Berman, a 1996 decision in the Ninth Circuit Court of Appeals
in a similar case involving civil unrest in San Francisco after the Rodney
King verdict mirrors the WTO situation quite closely.

"If we choose to appeal, I am confident our point of view will prevail," he

According to Berman, the court missed the mark in its ruling when it said
that Order Number Three was content-neutral. Instead, the order stated that
all people were prohibited from entering the protest area, but then made
exception for every conceivable classification of citizen, in effect
allowing everyone in the Zone -- except protesters.

"It was a deft piece of legal maneuvering to avoid saying `protestors can't
come in,' but one that we feel is inherently and unequivocally
unconstitutional," Berman added.

The original suit was filed October 2, 2000 by the Trial Lawyers for Public
Justice. The suit claims that the city and police department violated the
First Amendment and other provisions of the United States and Washington
State Constitutions.

The complaint seeks damages from the city, Mayor Paul Schell, and former
Police Chief Norman Stamper on behalf of more than 600 protesters and others
arrested and imprisoned on December 1 and 2, 1999, pursuant to the city's
"no-protest zone" policy.

SOTHEBY'S: Trial of Price-fixing Suit Against Head Kicks Off Next Week
The trial of auction king and Sotheby's owner Alfred Taubman over an alleged
conspiracy to fix prices and cheat more than 130,000 customers will begin
next week, the New York Daily News says.

According to the report, the courtroom drama will feature a face-off between
Taubman and his former prot,g, Diana Brooks.

As part of her agreement with prosecutors, Brooks will describe how
Christie's and Sotheby's cheated their customers and will be asked what
Taubman knew.

Brooks pleaded guilty to price fixing last October and has agreed to testify
against Taubman in hopes of avoiding prison.

Meanwhile, Brooks' counterpart at Christie's, former Chief Executive Officer
Christopher Davidge will also take center stage in the trial. Davidge had
also cut a deal with prosecutors.

The former Christie's executive possesses memos and documents outlining how
he and executives at the two companies allegedly conspired to cheat clients.

The evidence includes information about secret meetings, allegedly at their
boss' behest, where Brooks and Davidge conspired to pump up profits at their
competing auction houses by fixing the fees that patrons would pay.

The price-fixing charge is at the heart of the government's case, in which
Taubman alone is now on trial, since everyone else has cut a deal.

Taubman, a college dropout who rose to become one of America's richest men
and a generous philanthropist, could face three years in prison if found

TENNESSEE: Black Leaders Promise Protests Over Access MedPLUS Closing
Several African-American leaders have accused the State of Tennessee of
discriminating against blacks after a judge dissolved last week Access
MedPLUS, a black-owned health-care organization.

According to the Tennessean, a dozen Access MedPLUS members are drafting a
class action suit to force the State to reopen the company.

In addition, church leaders are reportedly planning to call an "economic
fasting" during which African-Americans in Tennessee would avoid spending in

Last October 16, the state terminated its contract with Access to provide
health-care under the TennCare program, the State's health insurance program
for the poor and uninsured.

State leaders have admitted that Access MedPLUS has been an issue only
because of a faulty computer system that left some doctors unpaid and a
deficit that runs into tens of millions of dollars.

But African-American leaders say the state should share the blame for those
problems because it withheld payments from the organization.

"The deck had been stacked against the company," says Rev. James Robinson of
New Hope Church in Memphis. "They were set up to fail."

TOBACCO LITIGATION: Court Finds Way To Give Jurors Higher Pay
Jurors who are serving in the landmark medical monitoring case in West
Virginia will wind up their stint with a little more money, says The

Ohio County Circuit Judge Arthur M. Recht has arranged with the lawyers from
both sides to split the cost of the additional $20 he is seeking for the

At present, the jurors are being paid $20 a day by the State Supreme Court
for their service.

According to circuit clerk Brenda Miller, the Judge wants the jurors to
receive $40 a day for their service, because "they basically have given up
their normal lives for this case."

Earlier, the court submitted the rate increase to the High Court, but the
latter rejected the move.

The judge then spoke with attorneys for the tobacco companies and the
plaintiffs, a class of some 250,000 healthy West Virginia smokers, and asked
whether they would be willing to pitch in money for the raise.

"The attorneys were agreeable to the expense," Miller said, who also added
that the State Supreme Court has agreed to the arrangement.

The case has been ongoing since early September. The defense may complete
testimony by the end of the week.

The plaintiffs want the tobacco companies to pay for medical testing they
claim is needed because cigarettes are a defective product that has
increased their risk for certain diseases.

Defendants include Philip Morris, R.J. Reynolds, Brown & Williamson and
Lorillard tobacco companies.

WOLVERINE PIPE: Michigan Appellate Court Suspends Suit Pending Review
A Michigan Court of Appeals has put on hold any action against Wolverine
Pipe Line Co. pending its review of the class action suit stemming from a
gasoline leak in Blackman Township last year.

According to mlive.com, oral arguments before the three-judge panel has not
been set, but until it rules, there will be no further action in Jackson

In June this year, Jackson County Circuit Judge Charles Nelson certified the
class action suit despite the opposition of Wolverine, which insists on
fighting the suits individually.

The case stems from a leak of 72,000 gallons of gasoline in the Township,
which forced the evacuation of 600 houses and businesses in the area.  No
one, however, was injured and no houses were damaged.

The Company has agreed to cover living expenses and reimburse residents for
a wide range of losses, including meat that thawed when electricity was shut
off. The company also agreed to pay to extend municipal water lines into the
affected area.

The plaintiffs claim a variety of damages, from trespassing to loss of
enjoyment and loss of property value.

In his ruling, Nelson said the suits meet class action requirements because
of several common factors, including the need for continued monitoring of
groundwater quality.

Four different suits involving more than 200 people were assigned to Nelson.
A separate suit, filed by Stonegate Farms subdivision developer Jack Hurula,
is pending in federal court.

Hurula claims the gasoline leak has had a negative impact on sales of lots
in the Lansing Avenue development.


S U B S C R I P T I O N   I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Trenton, New Jersey, and
Beard Group, Inc., Washington, D.C.  Enid Sterling, Aurora Fatima Antonio
and Lyndsey Resnick, Editors.

Copyright 2001.  All rights reserved.  ISSN 1525-2272.

This material is copyrighted and any commercial use, resale or publication
in any form (including e-mail forwarding, electronic re-mailing and
photocopying) is strictly prohibited without prior written permission of the

Information contained herein is obtained from sources believed to be
reliable, but is not guaranteed.

The CAR subscription rate is $575 for six months delivered via e-mail.
Additional e-mail subscriptions for members of the same firm for the term of
the initial subscription or balance thereof are $25 each.  For subscription
information, contact Christopher Beard at 240/629-3300.

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