CAR_Public/030107.mbx                C L A S S   A C T I O N   R E P O R T E R

                Tuesday, January 7, 2003, Vol. 5, No. 4

                              Headlines

AUSTRALIA: Suit Over Brookdale Waste Plant Lead Emissions Looks Likely
ENRON CORPORATION: JP Morgan Taking $1.3B Charge Over Fraudulent Deals
ENRON CORPORATION: Senate Clears Rubin of Culpability in Collapse
FRANCE: Massive Oil Spill From Sunken Tanker Heads For Atlantic Coast
INDIANA: BMV Sued Over Policy Prohibiting Workers To Speak To Media

LUCENT TECHNOLOGIES: Faces Massive Investor Suit Over Accounting Fraud
MARYLAND: State Police Reach Partial Settlement Of Race Profiling Suit
MASSACHUSETTS: Inmates To Be Asked About Prison's "In Solitary" Wing
PHARMACEUTICAL FIRMS: Accused of Fabricating New Female Disorder
RITE AID: Approaches Resolution of Employees' Retirement Plan Lawsuit

SUPREME COURT: Affirms Tort Victims' Right To Seek Damages For Injuries
TERRORIST ATTACK: NY Officials Starts Study on Residents, WTC Employees
TOBACCO LITIGATION: Seven-Year-Old Louisiana Suit To Proceed to Trial
TYCO INTERNATIONAL: Internal Probe Finds No Fraud, No Rules "Broken"
VISTEON CORPORATION: Settles Age Bias Lawsuit Filed by Former Managers

WAL-MART STORES: Judge Denies Request To Dismiss Overtime Wage Lawsuit

                      New Securities Fraud Cases

ANSWERTHINK INC.: Wechsler Harwood Commences Securities Suit in S.D. FL
CABLE & WIRELESS: Cauley Geller Commences Securities Lawsuit in E.D. VA
CIGNA CORPORATION: Marc Henzel Commences Securities Lawsuit in E.D. PA
CYTYC CORPORATION: Schatz & Nobel Commences Securities Suit in MA Court
ENDOCARE INC.: Marc Henzel Commences Securities Fraud Suit in C.D. CA

KINDRED HEALTHCARE: Marc Henzel Commences Securities Suit in W.D. KY
LEAP WIRELESS: Schatz & Nobel Commences Securities Fraud Suit in CA
OM GROUP: Marc Henzel Commences Securities Fraud Lawsuit in N.D. Ohio
QUADRAMED CORPORATION: Marc Henzel Commences Securities Suit in N.D. CA
SEARS ROEBUCK: Marc Henzel Commences Securities Fraud Suit in N.D. IL

SEPRACOR INC.: Wolf Haldenstein Commences Securities Suit in MA Court
SEPRACOR INC.: Chitwood & Harley Commences Securities Fraud Suit in MA
SYNCOR INTERNATIONAL: Marc Henzel Commences Securities Suit in C.D. CA
SYNCOR INTERNATIONAL: Wolf Haldenstein Commences Securities Suit in CA
TENET HEALTHCARE: Marc Henzel Launches Securities Fraud Suit in C.D. CA

                              *********

AUSTRALIA: Suit Over Brookdale Waste Plant Lead Emissions Looks Likely
----------------------------------------------------------------------
Australia's state government might face a class action filed by Armadale
residents over the detection of massive amounts of lead at a primary school,
The West Online reports.  The Brookdale liquid waste plant is allegedly
responsible for the lead and health problems in the area.

Paddy Cullen, of the Mothers and Others Against Hazardous Waste action
group, told the West Online the link between the Brookdale liquid waste
plant, on the border of Armadale, and local health issues had now been
exposed and it paved the way for a lawsuit.

"Now we have the causal link," he said. "There have been toxins recorded in
the air, there have been toxins recorded in the blood of children and they
have got symptoms consistent with toxic poisoning so I think this opens the
way for a lot of litigation."

Acting Environment Minister Jim McGinty denied there had been a cover-up but
said the Department of Environmental Protection had erred by not
highlighting three excessive lead readings at monitored sites - including
twice at Forrestdale Primary School in just four days.

The department could not explain the source of the lead emissions.  Mr
McGinty said the Government had ended the dumping of hazardous liquid waste
at Brookdale in June last year.

"If these figures are real, they obviously represent a significant threat
for the health of people in the region," he said.  "The real focus now must
be on making sure the site is safe rather than seek to recriminate. We will
not accept a situation where the Brookdale site is unsafe."

Mr. Cullen said parents were shocked by the high levels and were concerned
about the possible health effects of lead exposure on children, which
included hyperactivity, learning difficulties and the lowering of IQs, the
West Online reports.

Murdoch University environmental toxicologist Peter Dingle recommended
parents did not send their children back to the primary school until further
extensive tests had been done.  "The Government has to deal with it. It is a
real issue with real people getting sick," he said.


ENRON CORPORATION: JP Morgan Taking $1.3B Charge Over Fraudulent Deals
-----------------------------------------------------------------------
JP Morgan Chase & Co. said it would take a $1.3 billion charge for the
fourth quarter, largely to settle litigation over its involvement with Enron
Corp., the latest sign of the bill Wall Street is paying for its role in the
energy firm's collapse, The Wall Street Journal reports.  Included in the
charge was $400 million that JP Morgan said it would swallow to settle a
lawsuit with its insurers over who should pay $1 billion in Enron-related
losses.

The Enron fallout for Wall Street is not over.  Financial institutions
including Morgan itself, Citigroup Inc., Merrill Lynch & Co., as well as
Enron's former law firm, Vinson & Elkins, are defendants in a class action
in Houston brought by Enron shareholders.  That lawsuit is expected to go
forward, despite the Morgan settlement.  Investors saw the settlement with
the insurers as a step forward for the bank.

JP Morgan and other Wall Street firms have been accused of financing deals,
often using complicated off-the-books arrangement, that helped disguise
Enron's true financial condition.  The bank has long maintained it bears no
responsibility for Enron's collapse.  JP Morgan has suffered perhaps more
than any other Wall Street bank because of its close ties to Enron.  Since
Enron's collapse, the bank already written off roughly $500 million in loans
and other exposure to the former Houston energy trader.

At issue in the lawsuit with the insurers was a complex series of trades
involving Enron and Morgan.  Morgan paid the insurance companies to provide
guarantees that some of the trades would go through.  In the
US District Court for the Southern District of Manhattan, the insurance
companies argued that the circular flow of money from these trades - from
Enron to another company called Mahonia to J.P. Morgan and back to Enron
again - meant that the arrangements were not trades at all, but disguised
loans.  The insurance companies also claimed that they were defrauded into
guaranteeing a trade that was really a loan.

Investors celebrated the settlement, in part because developments in the
trial seemed to be going against the bank.  For instance, US District Judge
Jed Rakov had ruled on December 23 that an e-mail in which one bank
executive described the type of contracts at issue in the insurance lawsuit
as "disguised loans" could be admitted into evidence, a success for the
investors who will be able to use this piece of the record in their
shareholders' suit to prove JP Morgan's knowledge of the paper firms that
enabled hiding the loans made to Enron.


ENRON CORPORATION: Senate Clears Rubin of Culpability in Collapse
-----------------------------------------------------------------
US Senate investigators let Citigroup, Inc. executive and ex-Treasury
Secretary Robert Rubin off the hook with regard to the collapse of Enron
Corporation, saying he did not violate any federal law or regulation by
calling a top Treasury official on behalf of the troubled Company, Reuters
reports

Last November 2001, Mr. Rubin reportedly telephoned Treasury Under Secretary
for Domestic Finance Peter Fisher, asking the Bush administration to
intervene on Enron's behalf with Wall Street credit rating agencies as the
Houston-based energy trader's debt situation was imploding.  Secretary
Fisher declined.  Moody's Investor Service also reported receiving a call
from Rubin in November as it was poised to downgrade Enron's credit rating
status.  Moody's also rejected Rubin's appeal and issued the downgrade.
Enron filed for bankruptcy on December 2, 2001, Reuters states.

"Based on committee staff's investigation, it does not appear that Rubin
violated any laws or regulations in contacting Fisher and proposing that the
Treasury Department contact a credit rating agency in connection with
Enron's rating," the staff of the US Senate Committee on Governmental
Affairs said in a report posted on its Web site on Thursday.

"Moreover, the 'idea' Rubin proposed in the November 8 conversation -- a
request from Treasury to Moody's to delay its rating decision regarding
Enron -- would not itself have violated any laws," the report added.

The investigators noted that even Mr. Rubin indicated at the time that he
did not believe such government intervention would be a good idea.

Citigroup and JP Morgan Chase & Co. were lead advisers on Enron's planned
merger with Dynegy Inc., which ended up falling apart. Analysts have
estimated that Citigroup had about $800 million of exposure to the failed
merger, including about $300 million of unsecured exposure.


FRANCE: Massive Oil Spill From Sunken Tanker Heads For Atlantic Coast
---------------------------------------------------------------------
Sunken tanker Prestige has caused an oil spill that could possibly swamp
France's Atlantic coast within days after high winds tore up an oil slick
out at sea and pushed it closer to shore, local authorities said on Friday,
according to a Reuters report.

The vessel, carring 77,000 tons of oil, sank in November off the northwest
Spanish coast after springing a leak and finally snapping in half.  French
officials have started a criminal inquiry to establish responsibility for
the Prestige spill.  Spanish media have estimated the oil spill to equal an
area the size of New York City.

"The slick is 50 km (30 miles) from the coast and is starting to break up.
It would not be reasonable to be optimistic," said the prefect of the
southwestern Aquitaine region, Christian Fremont.  "If these winds continue
to blow, this pollution will arrive on a vast scale very soon, perhaps even
this weekend."

French President Jacques Chirac criticized the "gangsters of the sea" he
said were to blame for the spill, and rushed his prime minister and ecology
minister to the southwest to hatch anti-pollution measures, Reuters states.

"This was not inevitable, it was the result of human actions," said Pres.
Chirac.  "France and Europe must not leave these shady men, these gangsters
of the sea, to profit cynically from the lack of transparency in the current
system."

Prime Minister Jean-Pierre Raffarin announced after visiting a beach in the
department of Gironde that the government would free up an initial 50
million euros to pay for the clean-up.  "I have come here to share with you
my anger," Mr. Raffarin told a meeting of local officials and residents,
including oyster farmers who face the potential loss of their livelihood.
"It is barbaric for human actions to manipulate nature against mankind, and
we are ready to pursue (those responsible) in court."

Pres. Chirac told reporters after a cabinet meeting he had asked European
Commission President Romano Prodi to speed up the introduction of EU
measures to punish those responsible for shipping disasters.  France has
campaigned forcefully in recent months for stricter EU safety rules on
vessels plying European waters -- especially single-hulled tankers like the
26-year-old Prestige, Reuters states.


INDIANA: BMV Sued Over Policy Prohibiting Workers To Speak To Media
-------------------------------------------------------------------
The Indiana Civil Liberties Union (ICLU) recently filed a lawsuit against
the Indiana Bureau of Motor Vehicles, alleging its policy prohibiting
employees from speaking to media without prior approval violates their
free-speech rights, the Associated Press reports Newswires.  The ICLU seeks
class action status for the lawsuit on behalf of all BMV workers.

The suit, filed in US District Court in Indianapolis, on behalf of BMV
employee Joyce Warren of Marion, alleges there is no legal justification for
the policy that took effect in December.  The ICLU seeks a permanent
injunction against the policy's enforcement.

According to the lawsuit, the policy under BMV Commissioner Gerald Coleman
prohibits employees from granting interviews or providing information to the
media without prior approval of the agency's media staff.  The lawsuit says
violations are grounds for disciplinary action, including termination. The
lawsuit says further that employees have been asked to sign and date a copy
of the policy, but that Ms. Warren, a driver examiner, has refused.

The lawsuit contends that "The challenged policy is currently operating as a
chill on the First Amendment rights of Ms. Warren and those of the class."
Kenneth Falk, the ICLU's legal director, said public employees do not always
have the same scope of First Amendment protections that private citizens do
on certain matters.

"But in order for there to be such a blanket policy, the government has
to show there is an actual reason for this prior restraint," Mr. Falk
said.  "Even police departments have had policies like this one struck
down around the country."

Mary Dieter, press secretary to Governor Frank O'Bannon, said the
administration does not have a blanket policy over agencies when it comes to
speaking to reporters.  Ms. Dieter said, "generally speaking agencies do ask
their employees to refer media calls to spokespersons for the primary reason
that the media get accurate, truthful and consistent information about
policies ... We have points of contact for the media, just as any business
does," she said.


LUCENT TECHNOLOGIES: Faces Massive Investor Suit Over Accounting Fraud
----------------------------------------------------------------------
Lucent Technologies, Inc. is facing a massive shareholder class action
filed in federal district court in Newark, New Jersey, alleging the Company
used a number of financial maneuvers to inflate its financial performance
and underlying stock price, the Wall Street Journal reports.  Although it
was one of the primary beneficiaries of the technology boom of the late
1990s, Company shares now trade nearly 98 percent off their all-time high.

The Company recently settled a smaller shareholder lawsuit filed in a
Rockwall County, Texas, district court by Obtek LP against Lucent's
officers, directors and accountants.  The lawsuit, which was scheduled for
February trial, alleged that the Company misled Obtek partners about the
health of the Company's business when Obtek voted to sell its stake in a
small technology company to Lucent.

The fact that Lucent was willing to settle the relatively small shareholder
lawsuit suggests that the company might be moving closer to settling the
larger class action.  The Company remains in court-ordered mediation on the
matter, however the Company's size - it has 3.4 billion shares outstanding -
makes any compensation plan difficult to
arrange, The Wall Street Journal reports.

Lucent Technologies also started the new year by settling a lawsuit with
former sales executive Nina Aversano, preventing a trial on January 6, that
could have resulted in embarrassing disclosures about questionable sales
tactics by the telecom-gear maker.  Ms. Aversano and Lucent said in a
statement that they had reached a settlement on a
breach-of-contract claim over a $2 million severance that Lucent balked
at paying.  The terms of the severance are confidential, the statement
said.

In her original lawsuit, Ms. Aversano said she was forced out of the company
in October 2000, because she warned then-Chief Executive Richard McGinn that
the Company would miss its fiscal 2001 sales forecasts by 20 percent.  The
lawsuit further alleged that the company employed questionable sales tactics
to bolster its sales numbers during 2000, such as "stuffing the channel"
with merchandise sold to distributors, without having end customers lined up
to buy the gear.

Ms. Aversano's documents, and a trial scheduled to begin Monday in a New
Brunswick, New Jersey, courtroom, could have been the occasion for more
awkward disclosures about Lucent's sales and accounting practices.


MARYLAND: State Police Reach Partial Settlement Of Race Profiling Suit
----------------------------------------------------------------------
Maryland State Police reached a partial settlement of a racial profiling
lawsuit, agreeing to policy changes designed to keep troopers from unfairly
singling out minority drivers, Associated Press Newswires
reports.

The agreement was reached a decade after a black public defender refused to
consent to a police search.  The public defender sued and settled the case
after state police agreed to track traffic stops.  However, the American
Civil Liberties Union later filed a class action maintaining that
discriminatory stops and searches continued.  The deal includes $325,000 for
the plaintiffs' attorney fees, but does not include monetary damages for
individual motorists who say their stops were racially motivated.  Those
will be sought in separate lawsuits to be filed in the future, William J.
Mertens, the ACLU's lead outside counsel.  The deal also includes measures
to identify racial profiling, including distribution of brochures to drivers
who are pulled over, informing them how to file a racial-profiling complaint

Troopers complained they were not involved in the settlement, which will be
considered by the state Board of Public Works next week, its last meeting
before Republican Governor-elect Robert Ehrlich and his new state police
superintendent take office.  James Wobbleton, president of the State Law
Enforcement Officers Labor Alliance, said he was angry that an agreement was
struck without input from troopers.  Mr. Wobbleton said, "I see a tremendous
amount of problems with this.  You get frustrated as a police officer when
you are just trying to do your job, and you get accused of being racist."


MASSACHUSETTS: Inmates To Be Asked About Prison's "In Solitary" Wing
--------------------------------------------------------------------
Inmates in the Massachusetts state prison system will soon be given
questionnaires asking whether they ever were jailed in a notorious wing of
the maximum-security prison in Walpole, as a judge indicated recently that
he will proceed with a plan to reduce the sentences of prisoners who were
unfairly locked up for 23 hours a day, the Boston Herald reports.

These actions stem from a 1995 class action in which inmates said the DOC
was violating their rights by locking them up for 23 hours a day in the east
wing simply because they were gang members or deemed too dangerous by prison
officials.

Suffolk Superior Court Judge Patrick King said he hopes to release his
ruling soon, that would give inmates who spent more than 30 days in
MCI-Cedar Junction's east wing "earned good time," that would reduce their
sentences unless they are serving life.   Judge King also ordered the
Department of Corrections (DOC) to provide a "first summary" of inmates
affected by the ruling by January 27.  Judge King said that he was requiring
the DOC to give notice of class relief to all inmates.

Judge Charles Grabau agreed with the inmates and the Superior Court Judge
King upheld his ruling.  Judge King said that the DOC will establish a
hearing process for prisoners before they can be sent to Walpole's east
wing, where DOC officials say the worst prisoners in the system are housed.

Judge King also ordered the DOC to determine how many of the inmates stil in
the system were jailed in the wing and for how long.  The judge said he will
award affected inmates 3.75 of earned good time for every month they have
spent in the solitary lock-up.  This process could result in dozens of the
state's worst criminals having their sentences reduced and set free earlier
than previously prescribed, DOC Commissioner Michael T. Maloney testified
during the hearing before Judge King.

DOC attorneys said the DOC will comply with the hearing system to make sure
no inmate is sent to the maximum-security wing in violation of state law;
but, said the attorneys, they will appeal Judge King's expected ruling to
dole out earned good time as compensation.


PHARMACEUTICAL FIRMS: Accused of Fabricating New Female Disorder
----------------------------------------------------------------
Pharmaceutical firms deny claims by an article in the British Medical
Journal alleging they created a new disorder named "female sexual
dysfunction" to build a market for Viagra and similar drugs among women,
Reuters reports.

An article authored by Australian Financial Review journalist Ray Moynihan
stated that researchers with close ties to industry had defined the new
disorder at company-sponsored meetings over the past six years to encourage
use of the same medicines that have helped men with impotence.  The result
was that female sexual problems were being wrongly "medicalized" and the
number of women affected greatly exaggerated.  The article further said
claims that 43 percent of women aged 18-59 had female sexual dysfunction
were misleading and potentially dangerous.  He traced the origin of the
definition of the condition to a May 1997 meeting of researchers and drug
company representatives at a Cape Cod hotel.

The firms said they were simply seeking a treatment option for millions of
women with sexual difficulties equivalent to the erectile dysfunction that
men can face, which is now frequently treated with Viagra, a $1.5-billion
seller for Pfizer Inc, Reuters states.

"All that this is doing is just providing an alternative that could be used
by doctors if the situation requires it," Dr Richard Tiner, medical director
of Association of the British Pharmaceutical Industry, told BBC radio.

A spokeswoman for Pfizer also denied the allegations, pointing out that
Viagra, and upcoming rival products from Eli Lilly/ICOS and
Bayer/GlaxoSmithKline, had yet to be approved for use in women.

"We work on unmet medical needs. There were academics who were working on
this long before they came to us to ask us for support," she told Reuters.
"I think this article is a tremendous disservice to the women who tell us
they are suffering."


RITE AID: Approaches Resolution of Employees' Retirement Plan Lawsuit
---------------------------------------------------------------------
Rite Aid Corporation, its insurers and the administrator of its retirement
plan have agreed to put up $10.75 million to settle a lawsuit alleging that
the company breached its responsibility by allowing Rite Aid employees to
invest in Rite Aid stock while its former managers allegedly were falsifying
its books, Associated Press Newswires reports.

The Company has paid $4 million into a settlement fund.  The insurance
companies will pay $5.5 million, according to Company statements made
recently in the quarterly 10-Q statement filed with the Securities and
Exchange Commission.  Prudential Financial, which administers the Company's
principal 401(k) plan through a subsidiary, has agreed to pay about $1.25
million.

The US District Court in Philadelphia granted preliminary approval to the
proposed settlement of the suit brought by an employee in November, and
Judge Stewart Dalzell has scheduled a March 7 hearing to consider final
approval.  Under the class action settlement, the Company also has agreed to
maintain the current level of 401(k) benefits through the
end of 2006.  The Company matches dollar for dollar of the first three
percent of salary that employees contribute, and half of the next two
percent of salary.

The settlement was negotiated between attorneys involved in the lawsuit and
an independent trustee that the company's new management appointed to
represent the interests of the company's benefit plans.  The US Department
of Labor, which has been investigating the retirement plans, has agreed to
halt its probe once the settlement is approved by the court, the company
said.


SUPREME COURT: Affirms Tort Victims' Right To Seek Damages For Injuries
-----------------------------------------------------------------------
The US Supreme Court has issued an unanimous ruling in Sprietsma v. Mercury
Marine, holding that the Federal Boat Safety Act of 1971 (FBSA) and a 1990
decision by the US Coast Guard (USCG) not to require propeller guards on
recreational motor boat engines do not bar injury victims from suing boat
engine manufacturers under state law for failing to install propeller guards
on their propellers, the Trial
Lawyers For Public Justice (TLPJ) reports on their Web site.

The court unanimously rejected the boat manufacturer's preemption defense,
holding that a lawsuit seeking damages for injuries caused by an unguarded
boat propeller does not conflict with any federal purposes.

"This decision resoundingly reaffirms tort victims' right to seek recovery
for their injuries," said TLPJ Staff Attorney Leslie A. Brueckner, who
argued the case.  "The Court made clear that a federal decision not to
regulate a particular product cannot wipe out any common law claims."

The case originates from the tragic death of Jeanne Sprietsma, who was
fatally struck by the propeller of an outboard engine when she fell from a
recreational motorboat.  The engine was designed and manufactured by
defendant Mercury Marine and contained no propeller guard or other safety
device to protect Mrs. Sprietsma from bodily contact with the whirling
propeller blades.  Her husband, Rex Sprietsma, sued Mercury Marine for his
wife's wrongful death in Illinois state court.

The Illinois Supreme Court previously held that such claims are preempted by
the FBSA and by the USCG's not to regulate propeller guards.  The US Supreme
Court then granted TLPJ's petition for review.  In support of TLPJ's
lawsuit, the United States and the Attorneys General of 17 states filed
amicus briefs arguing that claims like Mr. Sprietsma's are not preempted.
Justice John Paul Stevens wrote in the unanimous opinion of the Court that
"the concern for uniformity does not justify the displacement of state
common-law remedies that compensate accident victims and their families and
serve the Act's more prominent objective, emphasized by its title, of
promoting boating safety."


TERRORIST ATTACK: NY Officials Starts Study on Residents, WTC Employees
-----------------------------------------------------------------------
New York City and federal health officials are commissioning a new study
that will follow as many as 200,000 people exposed to ash and dust from the
collapse of the World Trade Center to determine patterns of illness and
recovery, the New York Times reports.

The US$20 million project, which officials say would be the largest such
study ever conducted, will monitor the health of residents and employees in
Lower Manhattan, rescue and recovery workers, people evacuated from their
homes and passers-by who were near the World Trade Center on September 11,
2001.  The study will be paid for by federal relief disaster money, the
Associated Press reports.

Researchers say the study will generate a broad picture of who was affected
and how and provide information about patterns of illness and recovery.  "We
will have enough people enrolled to evaluate whether there are long-term
pulmonary effects associated with exposure," Polly Thomas, the assistant
commissioner at the bureau of surveillance at the city's Department of
Health and Mental Hygiene, told The New York Times.  "If there is an
associated increase in asthma, heart attacks or post-traumatic stress, you
need large numbers of people in different categories to see it."

Some supporters of the project, including New York Democratic Sen. Hillary
Rodham Clinton and several health experts, said, however, the delays in
starting the study, first proposed last summer, would make collecting the
data more difficult, the Associated Press reports.


TOBACCO LITIGATION: Seven-Year-Old Louisiana Suit To Proceed to Trial
---------------------------------------------------------------------
Seven years after it was filed, the class action claiming that
cigarette-makers plotted to get smokers addicted and keep them hooked may be
going to trial, Associated Press Newswires reports.  Jurors chosen more than
a year ago to hear the statewide class action have been told to show up for
trial.  The lawsuit, filed in 1996, does not seek individual damages.
Rather, it says the tobacco industry should pay for programs to help smokers
quit and to monitor the health of current and former smokers.

In November, the Louisiana Supreme Court set up a plan for the trial.  It
said the first phase would concentrate on such issues as the marketing of
cigarettes to children, alleged manipulation of nicotine levels and whether
industry officials knew they were making a dangerous product or whether they
engaged in fraud and conspiracy.

It still is not clear where the trial will be held, but it is expected to
last six months to a year.  Civil District Judge Ganucheau has no
courtroom - he retired December 31, but has a special appointment to preside
over the case.  Jurors are to report to his old courtroom for preliminary
instructions, court spokesman Walt Pierce recently said.

The case had been expected to start trial last year, but was postponed for a
number of reasons, including bad weather, a leaky roof in Judge Ganucheau's
courtroom and questions before the state Supreme Court.  The first-scheduled
witness, Dr. David Burns of the University of
California-San Diego school of medicine, has testified in many other
suits against tobacco companies.

The tobacco companies contend that smoking is a matter of personal choice
and that medical programs proposed to help smokers have not been proven to
work.   If the jurors decide that the companies are liable, however, they
would then decide what kinds of monitoring and stop-smoking programs should
be available and what members of the class qualify.


TYCO INTERNATIONAL: Internal Probe Finds No Fraud, No Rules "Broken"
--------------------------------------------------------------------
Tyco International Inc. said recently that an exhaustive internal
investigation into its accounting revealed no "systemic or significant
fraud," the Charleston Gazette reports.  Nonetheless, the Company, along
with former managers, is a defendant in a number of class actions filed by
shareholders, Tyco's recently released annual report states.

A long-awaited report to the Securities and Exchange Commission concluded
that managers bent but did not break accounting rules to inflate profits.
"Aggressive accounting is not necessarily improper accounting," said the
report sent to the SEC.  The report said the accounting errors that had been
found and corrected were not material to the company's overall finances.
The errors did prompt additional pretax charges of $382 million for the
fiscal year that ended September 30, 2002.

The Company's accounting remains under review by the SEC and several of its
former top executives, including chief executive Dennis Kozlowski, face
criminal charges of fraud and corruption.  The Company launched its own
investigation after Mr. Kozlowski's abrupt resignation in June, one day
before he was indicted on charges of evading New York sales tax on art
purchases.  The investigation was expanded in August to include bookkeeping
practices back to 1999.

In September, the company told the SEC it had found tens of millions of
dollars in unauthorized payments to dozens of employees.  Also in September,
Mr. Kozlowski, former chief financial officer Mark Swartz and former general
counsel Mark Belnick were indicted on charges they
improperly reaped millions from Tyco.  All have pleaded innocent, and
their lawyers have said any money they received was approved.

Among Mr. Kozlowski's alleged excesses, according to SEC documents, was
buying luxurious homes funded by the company as well as using company money
to help pay for a $2.1 million birthday party for his wife on the Italian
island of Sardinia.  The Company's fortunes have improved since July, when
former Motorola chief executive Edward Breen took over and began replacing
the Company's board.  The report noted that Mr. Breen has pledged to make
Tyco "a leader in the quality of its accounting and corporate governance."

The reports stated that corrective action includes:

     (1) improving documentation of accounting decisions;

     (2) requiring formal approval for charitable donations, employee
         compensation and employee loans; and

     (3) centralizing control of employee relocations, travel and
         expenses

The report further said, "Few, if any, major companies have ever been
subjected to the corporate governance and accounting scrutiny entailed in"
the investigation, the report said.


VISTEON CORPORATION: Settles Age Bias Lawsuit Filed by Former Managers
----------------------------------------------------------------------
Visteon Corporation settled a lawsuit brought by former managers who said
their age was the cause of their being fired by the auto parts supplier, the
Associated Press Newswires reports.

The 12 managers, all older than 50, received settlement checks recently, a
lead plaintiff, Terry Kolesar, told The Detroit News.  Both sides agreed not
to disclose the terms of the settlement, he said.

An analysis of the 1,300 white-collar jobs Visteon cut in 2001 showed
that workers age 56 or older were five times as likely to be laid off as
employees under 40, the plaintiffs said.  Mr. Kolesar, a financial
analyst at Visteon and Ford Motor Co. for 24 years, and other plaintiffs had
to give up severance benefits to pursue the lawsuit.  Visteon would have
paid Mr. Kolesar a year's salary of $105,661, if he agreed not to sue.
Instead, he received $26, 415.

When the layoffs were announced, Visteon said the job cuts were part of
an overall restructuring of the former Ford parts division.  Visteon
said employees were evaluated based on how well their skills met the
future needs of the company.

"I don't think they really learned a lesson, because only 12 of us
stood up to them and sued,"  Mr. Kolesar said.  "They have no
responsibility.  They paid us off, effectively.  Did we change Visteon
or corporate America? I doubt it."

The Visteon lawsuit is similar to a pair of class actions filed
against Ford, Visteon's former parent company, in 2001.  The lawsuits
were brought by Ford managers who received poor evaluations and no
annual bonuses or pay raises, and alleged the automaker's system of
ranking managers discriminated against older workers.  Ford denied the
claims, but paid $10.5 million last year to about 500 workers.


WAL-MART STORES: Judge Denies Request To Dismiss Overtime Wage Lawsuit
----------------------------------------------------------------------
Wal-Mart Stores, the world's largest retailer, has lost a bid to avoid a
lawsuit from a former employee who is seeking overtime pay, Associated Press
Newswires reports.

Employee Mark E. Freeman of Centerton sued the Bentonville, Arkansas-based
retailer in US District Court in Fayetteville, claiming he had to work more
than 40 hours a week without overtime pay.  US District Judge Jimm Larry
Hendren granted Mr. Freeman an extension until January 31, to seek
class-action certification for the suit.

Judge Hendren denied the motion from the store's attorneys, arguing that Mr.
Freeman missed the 90-day deadline to file a motion seeking class action
status, thereby increasing the possibility that Wal-Mart
will have to face a broadened lawsuit covering the claims of many other
Wal-Mart workers with the same complaints about non-payment for overtime
work.

                      New Securities Fraud Cases

ANSWERTHINK INC.: Wechsler Harwood Commences Securities Suit in S.D. FL
-----------------------------------------------------------------------
Wechsler Harwood LLP initiated a securities class action in the United
States District Court for the Southern District of Florida on behalf of all
purchasers of the common stock of Answerthink, Inc. (Nasdaq:ANSR) publicly
traded securities during the period between October 17, 2000 and April 25,
2002, inclusive.

The complaint charges the Company and certain of its officers and directors
with issuing false and misleading statements concerning its business and
financial condition and announcing "record" financial results.
Specifically, the complaint alleges that defendants failed to disclose that
the "record" results included revenues recognized from transactions with
related parties who were near-bankruptcy and lacked the financial means to
finalize the sales.

Specifically, in order to boost reported revenues and earnings during the
third and fourth quarters of 2000, the Company recognized approximately
$16.7 million of revenue in connection with various transactions with
related parties who were either facing imminent bankruptcy or were otherwise
unable to survive as a going concern and remit the full $16.7 million as
promised.

As a result, the complaint alleges, defendants were able to report
artificially inflated results that permitted defendants Fernandez and Frank
to receive performance-based bonuses and allowed certain of the defendants
to sell stock at inflated prices.  Ultimately, more than $6 million of
receivables and worthless stock in one of the related party companies, which
was received as partial payment, was written off through a charge to
earnings.

On February 7, 2002, when defendants were no longer able to include these
illusory revenues in their financial results, the Company reported a huge
drop in revenues.  As a result, Answerthink investors who purchased stock in
reliance on the integrity of defendants' statements and publicly filed
financial reports have sustained tremendous losses.  Answerthink stock,
which traded at $18 per share on October 17, 2000, dramatically declined and
traded at only $1.98 per share on November 13, 2002.

For more details, contact David Leifer by Mail: 488 Madison Avenue, 8th
Floor, New York, New York 10022 by Phone: (877) 935-7400 or by E-mail:
dleifer@whesq.com.


CABLE & WIRELESS: Cauley Geller Commences Securities Lawsuit in E.D. VA
-----------------------------------------------------------------------
Cauley Geller Bowman & Coates, LLP initiated a securities class action in
the United States District Court for the Eastern District of Virginia on
behalf of all purchasers of Cable & Wireless PLC (NYSE: CWP) American
Depository Receipts (ADRs) during the period between August 6, 1999 and
December 6, 2002, inclusive.

The complaint charges that defendants violated Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder,
by issuing a series of materially false and misleading statements to the
market between August 6, 1999 and December 6, 2002.  Specifically, the
complaint alleges that the Company issued a press release on August 6, 1999,
announcing that it had agreed to sell One 2 One, a British based mobile
telecommunications operator, to Deutsche Telekom.

Under the announced terms of the agreement, Deutsche Telekom would pay 6.9
billion pounds sterling in cash for 100% of the equity ownership interest in
One 2 One including the repayment of 237 million pounds of shareholder
loans, and would assume approximately 1.5 billion pounds of third-party
debt.

According to the complaint, such statements were materially false and
misleading because they failed to disclose that a critical term of the One 2
One deal was a 1.5 billion pounds tax indemnification clause agreed to by
Cable, and more specifically, a trigger clause, whereby a future downgrade
of Cable's long-term debt rating below a predetermined threshold would
trigger a 1.5 billion pounds cash obligation on behalf of Cable.

On December 6, 2002, Moody's investment service announced that it would
downgrade the long-term debt rating of Cable from Baa1 to Baa2. Cable then
shocked the market in a press release that same day stating that, as a
consequence of the downgrade, the above mentioned "ratings trigger" was
activated.

The announcement caused the price of Cable's ADRs to fall by 40 percent in
one business day, from a closing price of $3.90 per ADR on December 6, 2002,
to close at $2.33 per ADR on December 9, 2002, on unusually high trading
volume.  Subsequently, the company filed a Form 6-K with the SEC on December
9, 2002 which included a statement regarding the tax indemnification
"ratings trigger" clause.

For more details, contact Jackie Addison, Heather Gann or Sue Null by Mail:
P.O. Box 25438, Little Rock, AR 72221-5438 by Phone: 1-888-551-9944 by
E-mail: info@cauleygeller.com or visit the firm's Website:
http://www.cauleygeller.com/library/user--images/cable.pdf


CIGNA CORPORATION: Marc Henzel Commences Securities Lawsuit in E.D. PA
----------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action in the
United States District Court for the Eastern District of Pennsylvania, on
behalf of purchasers of the securities of CIGNA Corp. (NYSE: CI) between May
2, 2001 to October 24, 2002, inclusive, against the Company and:

     (1) H. Edward Hanway (CEO, President and Chairman),

     (2) James G. Stewart (CFO) and

     (3) James A. Sears (Chief Accounting Officer)

The complaint charges that defendants violated Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder,
by issuing a series of materially false and misleading statements to the
market between May 2, 2001 to October 24, 2002.  According to the complaint,
CIGNA issued numerous press releases, and filed financial reports with the
SEC, regarding its performance during the class period which represented
that the Company was experiencing strong growth, that its operating income
for 2002 is expected to be $1.1 billion and that its liabilities on its
discontinued reinsurance operations were not expected to be material to its
liquidity.

The complaint further alleges that these, and other, representations were
materially false and misleading because they failed to disclose that CIGNA
had been under-reserving for its reinsurance obligations, particularly for
its reinsurance of guaranteed minimum death benefits (GMDB), by (at least)
hundreds of millions of dollars. In addition, according to the complaint,
the statements were materially false and misleading because CIGNA was
experiencing declining demand for its offerings, particularly in its
Employee Health Care, Life and Disability segment, and its income guidance
for 2002 was lacking in any reasonable basis when made.

The complaint further alleges that defendants engaged in the conduct alleged
therein because CIGNA was planning to, and on October 16, 2002, did, issue
$250 million of 6 3/8% notes and that the offering would have been
negatively affected if the truth regarding CIGNA's business and financial
condition was known.

On September 3, 2002, after the market closed, CIGNA issued a press release
announcing that it will take a $720 million after-tax ($1.1 billion pre-tax)
charge in order to manage its GMDB liabilities, but reaffirmed its
previously issued guidance for 2002.  In response, credit ratings agencies
Standard & Poor's and Fitch reduced CIGNA's credit rating and CIGNA's stock
price dropped by 6%. Then, on September 24, 2002, after the close of
trading, CIGNA shocked the market by announcing that, contrary to its recent
reaffirmations, it would not meet its 2002 earnings guidance due to weakness
in its Employee Health Care, Life and Disability segment. In reaction to the
announcement, the price of CIGNA common stock plummeted by 42%, falling from
a $63.60 per share close on October 24, 2002 to trade as low as $36.81 per
share on October 25, on extremely heavy trading volume.

For more information, contact Marc S. Henzel by Mail: 273 Montgomery Ave.,
Suite 202, Bala Cynwyd, PA 19004 by Phone: 610-660-8000 or
888-643-6735 by Fax: 610-660-8080 by E-Mail: mhenzel182@aol.com or visit the
firm's Website: http://members.aol.com/mhenzel182


CYTYC CORPORATION: Schatz & Nobel Commences Securities Suit in MA Court
-----------------------------------------------------------------------
Schatz & Nobel PC initiated a securities class action in the United States
District Court for the District of Massachusetts on behalf of all persons
who purchased or otherwise acquired the securities of Cytyc Corporation
(Nasdaq: CYTC) from July 25, 2001 through June 25, 2002, inclusive.  Also
included in the class are all those who acquired Cytyc's shares through the
acquisition of Pro-Duct Health, Inc.

The suit alleges that Cytyc and certain of its officers issued materially
misleading statements concerning Cytyc's financial results and business
condition.  Specifically, defendants failed to disclose that Cytyc's
impressive revenue growth was a result of overstocking inventory and deep
discounts of its primary product, ThinPrep.  As, a result the Company's
shares were artificially inflated throughout the class period, allowing
Cytyc to acquire other companies using the artificially inflated stock as
currency.

On April 24, 2002, Cytyc announced that revenues would materially deviate
from its initial disclosure of $295-$305 million in 2001 to $270 million due
to a cut in inventory by customers who had overstocked ThinPrep,
contradicting earlier repeated assertions from Cytyc.

On this news, the stock price plummeted over 36% from $24.80 to $15.73 on
April 25, 2002. The full truth was not disclosed until June 25, 2002, when
Cytyc again downgraded its revenue expectations to $230-$240 million causing
Cytyc to fall 39% from $11.46 on June 24, 2002 to $6.88 on June 25, 2002.

For more details, contact Nancy A. Kulesa by Phone: 1-800-797-5499 by
E-mail: sn06106@aol.com or visit the firm's Website: http://www.snlaw.net


ENDOCARE INC.: Marc Henzel Commences Securities Fraud Suit in C.D. CA
---------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action in the
United States District Court for the Central District of California on
behalf of purchasers of Endocare Inc. (Nasdaq: EMDO) publicly traded
securities during the period between October 23, 2001 and October 30, 2002.

The complaint charges Endocare and certain of its officers and directors
with violations of the Securities Exchange Act of 1934. Endocare develops,
manufactures, and markets cryosurgical and stent technological devices for
the treatment of prostate cancer and benign prostate hyperplasia.  Endocare
is also developing cryosurgical technologies for treating tumors in organs
such as the kidney, breast and liver.

The complaint alleges that during the Class Period, defendants caused
Endocare's shares to trade at artificially inflated levels through the
issuance of false and misleading financial statements.  As a result of this
inflation, Endocare was able to complete a public offering of 4 million
shares, raising proceeds of $68 million on November 16, 2001.

On October 30, 2002, the Company issued a press release entitled, "Endocare
Will Delay Release of Third Quarter Results Until Completion of Its Review
Process." On this news the stock dropped below $3 per share.

For more information, contact Marc S. Henzel by Mail: 273 Montgomery Ave.,
Suite 202, Bala Cynwyd, PA 19004 by Phone: 610-660-8000 or
888-643-6735 by Fax: 610-660-8080 by E-Mail: mhenzel182@aol.com or visit the
firm's Website: http://members.aol.com/mhenzel182


KINDRED HEALTHCARE: Marc Henzel Commences Securities Suit in W.D. KY
--------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action in the
United States District Court for the Western District of Kentucky on behalf
of purchasers of Kindred Healthcare, Inc. (NASDAQ: KIND) securities during
the period between August 14, 2001 and October 10, 2002.

The complaint charges Kindred and certain of its officers and directors with
violations of the Securities Exchange Act of 1934.  The complaint alleges
that during the class period, defendants issued a series of statements to
the public indicating that the Company was successfully emerging from
bankruptcy and implementing a growth plan.  To that end, defendants
announced an increased credit facility to facilitate acquisitions, and a
public offering of Kindred common stock priced at $46 per share.  The
offering was crucial for Kindred, which had been struggling for months to
regain its market capitalization and renewed analyst interest.  A successful
offering would allow the Company to resume selling its stock on the Nasdaq
National Market System rather than the Over-the-Counter bulletin board,
where the stock had been languishing since Kindred's emergence from
bankruptcy in April 2001.

During the class period, defendants reported quarter after quarter of
improved financial results and acquisitions.  In response, Kindred stock
traded at over $45 per share during April 2002.  Defendants failed to reveal
that due to a dramatic increase in professional liability claims, especially
in Florida, defendants were not properly reserving for these incurred
claims.

During May 2001, Florida enacted reform legislation which became effective
October 5, 2001.  There was a marked increase in the number of professional
liability lawsuits filed in Florida in anticipation of the new law taking
effect.  Medical liability insurance premiums skyrocketed and certain
insurance companies stopped writing medical liability insurance in Florida.
As a result, Kindred competitors such as Beverly Enterprises, took charges
in order to account for the increase in lawsuits.  Defendants assured
investors and analysts that Kindred (which was largely self-insured)
carefully reviewed its reserves for claims on a monthly basis, and would not
have to take a large "catch-up" charge since it maintained adequate
reserves.

Despite defendants' failure to properly maintain reserves for millions of
dollars in claims, defendants Kuntz and Lechleiter signed sworn statements
on August 13, 2002, affirming the accuracy of Kindred's financial statements
and public filings.

As a result of the Company's misrepresentations, Kindred investors have
sustained tremendous losses.  On October 10, 2002, after the close of
trading, the Company shocked the market by revealing that it would withdraw
its previous earnings projections for 2002 and revised its third quarter
2002 estimates.  The enormous shortfall was attributed to increased costs
for professional liability claims incurred in fiscal 2001 and 2002.

Specifically, defendants revealed that Kindred will record approximately $55
million of additional costs for professional liability claims above its
normal provision for the third quarter ended September 30, 2002.
Approximately two-thirds of the "dramatic increase in professional liability
costs" arose from the Company's operations in Florida.  Defendants revealed
that as a result of the increase in claims, Kindred would likely divest all
of its operations in Florida. In response to the Company's devastating news,
Kindred's stock price dropped by an astonishing 43%, dropping $11.88 to
close at $15.84 on volumes of 10 million shares.

For more information, contact Marc S. Henzel by Mail: 273 Montgomery Ave.,
Suite 202, Bala Cynwyd, PA 19004 by Phone: 610-660-8000 or
888-643-6735 by Fax: 610-660-8080 by E-Mail: mhenzel182@aol.com or visit the
firm's Website: http://members.aol.com/mhenzel182


LEAP WIRELESS: Schatz & Nobel Commences Securities Fraud Suit in CA
-------------------------------------------------------------------
Schatz & Nobel PC initiated a securities class action in the United States
District Court for the Southern District of California on behalf of all
persons who purchased or otherwise acquired the common stock of Leap
Wireless International, Inc. (OTC: LWIN, formerly Nasdaq: LWIN) from
February 11, 2002 through July 24, 2002, inclusive.

The suit alleges that the Company, a provider of digital wireless service,
and certain of its officers and directors issued materially misleading
statements concerning Leap's financial condition.  Specifically, at the time
the Company announced its financial results for the fiscal year ending on
December 31, 2001, defendants concealed the deteriorated value of Leap's
wireless license assets by engaging in a fraudulent impairment test of those
assets. As a result, the value of Leap's wireless license assets in the
Company's financial statements was grossly overstated.

On July 24, 2002, Leap announced its financial results for the second
quarter of 2002 and admitted for the first time that circumstances existed
that were adversely affecting the Company.  On this news, the stock which
had traded as high as $10.00 during the class period plummeted to below $1.

For more details, contact Nancy A. Kulesa by Phone: 1-800-797-5499 by
E-mail: sn06106@aol.com or visit the firm's Website: http://www.snlaw.net


OM GROUP: Marc Henzel Commences Securities Fraud Lawsuit in N.D. Ohio
---------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action in the
United States District Court for the Northern District of Ohio on behalf of
purchasers of OM Group Inc. (NYSE: OMG) publicly traded securities during
the period between July 30, 2002 and October 30, 2002.

The complaint charges OM Group and certain of its officers and directors
with violations of the Securities Exchange Act of 1934. OM Group produces
and markets metal-based specialty chemicals and related materials.  Certain
of the Company's products are value-added and some are commodity.  The
complaint alleges that during the class period, defendants made false
statements about the Company's business and prospects.  After reporting
somewhat disappointing 2ndQ 02 results, defendants told investors that its
business was strong and all the indicators were for a good second half. As a
result, OM Group stock continued to trade above $50 per share.

On September 19,2002, OM Group warned the 3rdQ 02 results would be slightly
lower than prior statements, but that results would still be significantly
higher than in the prior year.  Then, on October 29,2002, OM Group announced
a huge loss, an inventory write-down and a future restructuring.  OM Group
stock dropped to as low as $8.60 per share on volume of $22 million shares.
Later, on October 31,2002, it was disclosed that OM Group's Chief Executive
Officer had sold all his holdings to cover a margin call on some 710,000
shares on OM Group stock which he had used as collateral for a huge loan. On
this news, the stock dropped even further to as low as $6.12 per share.

For more information, contact Marc S. Henzel by Mail: 273 Montgomery Ave.,
Suite 202, Bala Cynwyd, PA 19004 by Phone: 610-660-8000 or
888-643-6735 by Fax: 610-660-8080 by E-Mail: mhenzel182@aol.com or visit the
firm's Website: http://members.aol.com/mhenzel182


QUADRAMED CORPORATION: Marc Henzel Commences Securities Suit in N.D. CA
-----------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action in the
United States District Court for the Northern District of California on
behalf of purchasers of QuadraMed Corporation (NASDAQ: QMDCE) publicly
traded securities during the period between May 11, 2000 and August 11,
2002.

The complaint charges QuadraMed and certain of its officers and directors
with violations of the Securities Exchange Act of 1934.  QuadraMed is a
healthcare information and technology company that provides software
solutions and consulting services to hospitals and medical providers to meet
their medical records, business and compliance needs.

On August 12, 2002, QuadraMed issued a press release entitled, "QuadraMed to
File For Extension For Form 10-Q." The press release stated in part:
"QuadraMed Corporation announced today that it will file with the US
Securities and Exchange Commission (SEC) for an automatic 5-day extension of
the deadline for submitting its second quarter 2002 Quarterly Report on Form
10-Q.  The Company will use the additional five calendar days to complete a
restatement of its consolidated financial statements for the fiscal years
ended December 31, 2000, 2001, and for the interim period ended March 31,
2002."

For more information, contact Marc S. Henzel by Mail: 273 Montgomery Ave.,
Suite 202, Bala Cynwyd, PA 19004 by Phone: 610-660-8000 or
888-643-6735 by Fax: 610-660-8080 by E-Mail: mhenzel182@aol.com or visit the
firm's Website: http://members.aol.com/mhenzel182


SEARS ROEBUCK: Marc Henzel Commences Securities Fraud Suit in N.D. IL
---------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action in the
United states District Court for the Northern District of Illinois, on
behalf of purchasers of the securities of Sears, Roebuck & Co. (NYSE: S)
between January 17, 2002 to October 17, 2002, inclusive, against the Company
and:

     (1) Alan Lacy (CEO, President and Chairman),

     (2) Glenn Richter (CFO from October 4, 2002, Senior V.P., Finance
         since inception of class period),

     (3) Paul J. Liska (CFO until October 4, 2002) and

     (4) Thomas E. Bergmann (Chief Accounting Officer)

The complaint charges that defendants violated Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder,
by issuing a series of materially false and misleading statements to the
market between January 17, 2002 to October 17, 2002. According to the
complaint, defendants, throughout the class period, represented that Sears
was growing its earnings strongly, driven by its Credit and Financial
Products segment and that it would achieve earnings growth of 22% in 2002
over 2001.

In addition, in each of its press releases and SEC reports filed during the
class period, Sears reported its provisions for uncollectible accounts and
in, its 2001 annual report represented that such reserves were "adequate."
These, and other statements detailed in the complaint, were allegedly false
and misleading because, according to the complaint, they did not disclose
that the Company's risk for uncollectible accounts had increased materially
throughout the Class Period and, in addition, that Sears was under-reserving
for its uncollectible accounts which inflated its earnings and balance
sheet.

On October 17, 2002, Sears reported in a press release that it will grow its
2002 earnings by 15%, rather than the 22% it reaffirmed as recently as ten
days previously, because of a "$222 million increase in the domestic
provision for uncollectible accounts."  In addition, according to the press
release, earnings for the third quarter were 26% less than the previous
year.  In reaction to the press release, the price of Sears common stock
plummeted, falling 32%, from an October 16 close of $33.95 per share to
close at $23.15 per share on October 17, on extremely heavy trading volume.

For more information, contact Marc S. Henzel by Mail: 273 Montgomery Ave.,
Suite 202, Bala Cynwyd, PA 19004 by Phone: 610-660-8000 or
888-643-6735 by Fax: 610-660-8080 by E-Mail: mhenzel182@aol.com or visit the
firm's Website: http://members.aol.com/mhenzel182


SEPRACOR INC.: Wolf Haldenstein Commences Securities Suit in MA Court
---------------------------------------------------------------------
Wolf Haldenstein Adler Freeman & Herz LLP initiated a securities class
action in the United States District Court for the District of
Massachusetts, on behalf of all persons who purchased the securities of
Sepracor, Inc. (Nasdaq: SEPR) between December 4, 2000 and March 6, 2002,
inclusive against the Company and certain of its officers and directors.

The suit alleges that during the class period, defendants made several false
and misleading representations, such as:

     (1) that no evidence existed concerning a connection between
         Soltara, its antihistamine drug, and cardiac effects;

     (2) that testing at maximum exposure in patients in Soltera had
         occurred; and

     (3) that the FDA had informed Sepracor that Soltara's safety
         testing was adequate enough to dispel any concerns about
         cardiac effects.

The suit further alleges that, in truth:

     (i) potentially lethal cardiac effects in both dogs and rats, and
         a severe liver disorder in dogs stemmed from Soltera;

    (ii) testing at maximum exposure in patients in Soltera had not
         occurred; and

   (iii) the FDA had not informed Sepracor that Soltara's safety
         testing was adequate enough to dispel any concerns about
         cardiac effects.

Furthermore, the complaint charges that the representations of defendants,
that they were "confident" that the FDA would approve Soltara by March 2002
were misleading concerning their failure to divulge these details.

On March 7, 2002, at the end of the class period, defendants announced that
their preceding representations were false, and that the FDA had not
approved Sepracor's application to market Soltara because of the facts
defendants had misrepresented.  Following these disclosures, the market
price of Sepracor securities declined almost 60% on trading volume of nearly
52.3 million shares, which was approximately 70% of Sepracor's outstanding
stock.

For more details, contact Fred Taylor Isquith, Michael Miske, Gregory M.
Nespole, George Peters, or Derek Behnke by Mail: 270 Madison Avenue, New
York, New York 10016, by Phone: (800) 575-0735 by E-mail:
classmember@whafh.com or visit the firm's Website: http://www.whafh.com.
All e-mail correspondence should make reference to Sepracor.


SEPRACOR INC.: Chitwood & Harley Commences Securities Fraud Suit in MA
----------------------------------------------------------------------
Chitwood & Harley initiated a securities class action in the United States
District Court for the District of Massachusetts, on behalf of purchasers of
the common stock of Sepracor, Inc. (Nasdaq:SEPR), between May 17, 1999 and
March 6, 2002, inclusive.

Plaintiff alleges that defendants during the class period made materially
false and misleading statements about the safety of Sepracor's new allergic
rhinitis treatment drug, Soltara, and the adequacy of safety data to support
an approvable New Drug Application (NDA) for Soltara.  Specifically, the
defendants:

     (1) omitted to disclose that extended accumulation and retention
         of Soltara in tissues was observed during preclinical studies;

     (2) omitted to disclose that Soltara had caused hepatic
         phospholipidosis and cardiomyopathy in animals during
         preclinical studies;

     (3) misrepresented that clinical studies for the Soltara NDA
         provided adequate safety data and assurance that Soltara does
         not cause QTc prolongation (delayed or irregular heartbeats)
         in humans; and

     (4) falsely touted the safety profile of Soltara and the
         approvability of the Soltara NDA by March 2002,
         notwithstanding the above.

As a result of the defendants' material misrepresentations and omissions,
the market price of Sepracor common stock was artificially inflated during
the class period, trading as high as $137.39 per share. On March 7, 2002,
Sepracor shocked the market by issuing a press release, disclosing that the
U.S. Food and Drug Administration (FDA) would issue a "not approvable"
letter for the Soltara NDA due to the FDA's concerns about observed adverse
Soltara accumulation and cardiovascular events, and the inadequacy of safety
data in the Soltara NDA.  Immediately and on the same day, Sepracor common
stock price plummeted by $27.63 per share, or 58.45%, to $19.64 per share --
resulting in substantial loss for Sepracor investors.

For more details, contact Lauren Antonino or Jennifer Morris by Mail: 1230
Peachtree Street, Suite 2300, Atlanta, Georgia 30309 by Phone: (888)
873-3999, (404) 873-3900 by E-mail: jlm@classlaw.com or visit the firm's
Website: http://www.classlaw.com


SYNCOR INTERNATIONAL: Marc Henzel Commences Securities Suit in C.D. CA
----------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action in the
United States District Court for the Central District of California, Western
Division on behalf of all persons who purchased Syncor International Corp.
(NasdaqNM: SCOR) common stock during the period March 30, 2000 through and
including November 5, 2002.

The suit charges defendants violated Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, by
issuing a series of press releases and public filings trumpeting significant
sales growth in the Company's international business.  These press releases
and public filings were materially false and misleading in that they failed
to disclose that throughout the class period, the Company's Chairman of the
Board and the director of its Asian division were making illegal payments to
Syncor's overseas customers.

Before the market opened on November 6, 2002, the Company shocked the market
by announcing that it was conducting an internal investigation into illegal
payments to its overseas customers and had contacted the Justice Department
and the Securities Exchange Commission, and that its previously announced
acquisition by Cardinal Health, Inc. was in doubt.

As a result of this news, Syncor's stock price dropped sharply in pre-market
trading to $22.50 per share, down $13.42 per share from its previous closing
price of $35.92, and NASDAQ halted trading of Syncor's stock pending a
satisfactory response to its request for additional information from the
Company

For more information, contact Marc S. Henzel by Mail: 273 Montgomery Ave.,
Suite 202, Bala Cynwyd, PA 19004 by Phone: 610-660-8000 or 888-643-6735 by
Fax: 610-660-8080 by E-Mail: mhenzel182@aol.com or visit the firm's Website:
http://members.aol.com/mhenzel182


SYNCOR INTERNATIONAL: Wolf Haldenstein Commences Securities Suit in CA
----------------------------------------------------------------------
Wolf Haldenstein Adler Freeman & Herz LLP initiated a securities class
action in the United States District Court for the Central District of
California, on behalf of purchasers of the securities of Syncor
International Corporation (Nasdaq: SCOR) between April 25, 2001 and November
6, 2002, inclusive against the Comapdny and certain of its officers and
directors.

Throughout the class period, the Company issued a series of press releases
and public filings that proclaimed considerable sales growth in the
Company's international business.  The suit alleges that the defendants'
statements were false and misleading because they failed to disclose the
fact that during the class period, the Company's Chairman of the Board and
the director of its Asian division were providing payments to Syncor's
overseas clients illegally.

Prior to the market opening on November 6, 2002, Syncor surprised the market
by revealing that an internal investigation was being brought concerning
illegal payments to its overseas clients, that the Justice Department and
the Securities Exchange Commission had been notified, and that its
acquisition by Cardinal Health, Inc., announced June 14, 2002, was in
danger.

Following this news, the Company's stock price declined sharply in
pre-market trading to $22.50 per share, falling $13.42 per share from its
preceding closing price of $35.92, and NASDAQ halted trading of Syncor's
stock until a satisfactory reply to its demand for additional information
from the Company was provided.

For more details, contact Fred Taylor Isquith, Michael Miske, George Peters,
or Derek Behnke by Mail: 270 Madison Avenue, New York, New York 10016 by
Phone: 1-800-575-0735 by E-mail: classmember@whafh.com or visit the firm's
Website: http://www.whafh.com


TENET HEALTHCARE: Marc Henzel Launches Securities Fraud Suit in C.D. CA
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The Law Offices of Marc S. Henzel initiated a securities class action in the
United States District Court for the Central District of California on
behalf of purchasers of Tenet Healthcare Corporation (NYSE: THC) publicly
traded securities during the period between October 3, 2001 and October 31,
2002.

The complaint charges the Company and certain of its officers and directors
with violations of the Securities Exchange Act of 1934.  The Company,
through its subsidiaries, owns or operates general hospitals and related
health care facilities serving communities in the United States.  The
complaint alleges that during the class period, defendants represented that
Tenet's favorable financial results were due to its commitment to quality
and cost-effective care.

Throughout the class period, defendants repeatedly stated that Tenet's
financials were strong, the Company's stellar bottom line was attributed to
its state-of-the-art facilities and high-quality patient care, and that
Tenet was consistently achieving record results.  Defendants actually knew
that the quality of Tenet's profits were inflated by, among other things,
wrongfully inducing patients into undergoing unnecessary and invasive
surgeries.  Defendants knowingly or in conscious disregard for the truth
engaged in a scheme to cause patients to undergo unnecessary invasive
coronary procedures.  The scheme included unnecessary heart catheterizaton,
including angiogram and intravascular ultrasound, stent placement,
angioplasty, coronary artery bypass surgery and heart valve replacement
surgery.

On October 31, 2002, The Associated Press issued a press release entitled,
"Tenet Healthcare Stock Plunges After Report of Investigation." The press
release stated in part: "Shares of Tenet Healthcare Corp. plunged more than
26 percent Thursday after federal prosecutors in Sacramento filed an
affidavit regarding alleged false billing by two doctors at the company's
hospital in Redding, California.  The stock was also hurt by a rumor, denied
by the company, that the FBI had searched its corporate headquarters in
Santa Barbara, Calif."  These disclosures shocked the market, causing
Tenet's stock to decline to less than $29 per share before closing at $28.75
per share on October 31, 2002, on volume of more than 50 million shares.

For more information, contact Marc S. Henzel by Mail: 273 Montgomery Ave.,
Suite 202, Bala Cynwyd, PA 19004 by Phone: 610-660-8000 or 888-643-6735 by
Fax: 610-660-8080 by E-Mail: mhenzel182@aol.com or visit the firm's Website:
http://members.aol.com/mhenzel182

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

Class Action Reporter is a daily newsletter, co-published by
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Copyright 2002.  All rights reserved.  ISSN 1525-2272.

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