CAR_Public/030203.mbx                C L A S S   A C T I O N   R E P O R T E R
  
                Monday, February 3, 2003, Vol. 5, No. 23

                            Headlines                            

AEGON NV: Denies Allegations In Securities Fraud Lawsuit in S.D. NY
CALDERA INTERNATIONAL: Asks NY Court To Dismiss Securities Fraud Suit
CALIFORNIA: EEOC Reaches Landmark $100M Age Discrimination Settlement
CANADA: Court To Decide On Certification on Aboriginal Veterans' Suit
CANADA: Senior Citizens Commence Benefits Lawsuit V. Ottawa Government

CATHOLIC CHURCH: Boston Archdiocese Charged in New Sexual Abuse Suits
COOPER LIGHTING: Voluntarily Recalls 60T Halogen Bulbs Over Fire Hazard
CREDIT AGENCIES: Settles Consumer Lawsuit Over Misleading Data in GA
CREDIT SUISSE: Allegedly Told Employees To "Edit" IPO Related E-mails
CROSSROADS SYSTEMS: TX Court Grants Summary Judgment in Securities Suit

CROSSROADS SYSTEMS: Faces Shareholder Derivative Suit in TX State Court
GEORGIA: Law Firm Says Prison Inmate's Death Could Have Been Prevented
GLOBAL CROSSING: Faces Consolidated Securities Fraud Suit in NY Court
ISM CANADA: Customer Files Suit Over Personal Data on Stolen Hard Drive
JDN REALTY: GA Court Dismisses Securities Lawsuits Opposing DDR Merger

OPTICAL CABLE: Pays Final Installment of Securities Lawsuit Settlement
PAYLESS SHOE: Consumer Group Lodges Suit Over Anti-Shoplifting Devices
TRIWEST HEALTHCARE: Officer Commences Lawsuit Over Computer Data Theft
UNITED STATES: Retired Air Force Colonel Continues Lawsuit For Benefits
VERSANT CORPORATION: Appeals Court Upholds Securities Lawsuit Dismissal

VERSATA INC.: Court Preliminarily Approves Securities Suit Settlement
WATER POLLUTION: Honeywell, Siemens Face Suit Over VOC Pollution in OH
ZENITH ELECTRONICS: Recalls 80T Projection Televisions For Fire Hazard

                     New Securities Fraud Cases                        

AEGON NV: Marc Henzel Commences Securities Fraud Lawsuit in S.D. NY
AMERICREDIT CORPORATION: Marc Henzel Lodges Securities Suit in N.D. TX
AMERICREDIT CORPORATION: Kirby McInerney Launches Fraud Suit in N.D. TX
ARIBA INC.: Stull Stull Commences Securities Fraud Lawsuit in N.D. CA
MCSi INC.: Marc Henzel Commences Securities Fraud Lawsuit in S.D. Ohio

TRANSKARYOTIC THERAPIES: Marc Henzel Commences Securities Lawsuit in MA
VERITAS SOFTWARE: Marc Henzel Launches Securities Fraud Suit in N.D. CA

                             *********

AEGON NV: Denies Allegations In Securities Fraud Lawsuit in S.D. NY
-------------------------------------------------------------------
Dutch insurance firm AEGON NV faces a class action filed in the United
States District Court for the Southern District of New York by
prominent securities law firm Milberg Weiss Bershad Hynes & Lerach, on
behalf of purchasers of the Company's securities (NYSE: AEG) between
August 9, 2001 to July 22, 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 9, 2001 to July 22, 2002.  It
said Aegon, one of the world's top ten insurers, "shocked the market"
on July 22 last year when it unexpectedly warned that 2002 profits
would be a third lower than the 2001 level.

Aegon says it had acted in accordance with US guidelines, the Edinburgh
Evening News reports.  Company spokesman Gijsbert Siertsema said,
"Aegon has always met the rules and regulations of the US authorities."
He declined to say what the next step in the procedure would be.

Analysts said the allegations could further damage Aegon, which has
seen its market value plunge 40 per cent since its profit warning
shocked investors who had previously equated the firm with solid
earnings growth.  


CALDERA INTERNATIONAL: Asks NY Court To Dismiss Securities Fraud Suit
---------------------------------------------------------------------
Caldera International, Inc. asked the United States District Court for
the Southern District of New York to dismiss the consolidated
securities class action pending against it and the underwriters of its
initial public offering.

The suit alleges violations of the securities laws.  The consolidated
complaint alleges certain improprieties regarding the circumstances
surrounding the underwriters' conduct during Caldera's initial public
offering and the failure to disclose that conduct in the registration
statement, in violation of the Securities Act of 1933, as amended.  

The consolidated complaint also alleges that, whether or not the
Company's officers or directors were aware of the underwriters'
conduct, the Company and those officers and directors have statutory
liability under the securities laws for issuing a registration
statement in connection with its initial public offering that failed to
disclose that conduct.  The consolidated complaint also alleges claims
solely against the underwriters under the Securities Act of 1933 and
the Securities Exchange Act of 1934, as amended.

Over 300 other issuers, and their underwriters and officers and
directors, have been sued in similar cases pending in the same court.  

In September 2002, the plaintiffs agreed to dismiss the individual
defendants for the time being.  The Company believes that the claims
against it and any of its officers and directors are without legal
merit.  The Company is not aware of any improper conduct by it, its
officers and directors, or its underwriters, and denies any liability
relating thereto.  The court has not yet ruled on the motions to
dismiss, but the Company expects a ruling in the near term.


CALIFORNIA: EEOC Reaches Landmark $100M Age Discrimination Settlement
---------------------------------------------------------------------
The United States Equal Employment Opportunity Commission (EEOC)
reached a record-breaking settlement of more than $100 million in an
age discrimination case affecting 1,700 police, firefighters and other
public safety workers in California, the Associated Press reports.

Though the plaintiffs are primarily from California, "the impact of
this case will extend beyond California," commission spokeswoman Linda
Li told AP.  "This is a historic big deal for EEOC."

The settlement was the biggest settlement of a single lawsuit in the
agency's history.  A California federal judge finalized the settlement
this week.  Ms. Li told AP the settlement was for significantly more
than $100 million, but would not provide details.

She added the commission, which enforces federal anti-discrimination
laws, has seen an increase in age bias claims over the past few years.  
In one notable age discrimination settlement, the commission in
December announced Gulfstream Aerospace Corporation would pay $2.1
million to settle allegations made by 61 former employees at a plant in
Georgia.


CANADA: Court To Decide On Certification on Aboriginal Veterans' Suit
---------------------------------------------------------------------
Regina, Canada State Court Judge Ian McLellan is set to decide whether
to grant class certification to a civil lawsuit filed against the
Ottawa government by aboriginal war veterans over alleged inequitable
treatment, the Canadian Press reports.

The veterans have until February 15th to decide whether to accept a
federal offer of $20,000 compensation.  In exchange for a cash
settlement, the veterans must sign away their rights to sue for any
further compensation.  Lawyer Clint Docken, who represents the veterans
and their families who launched the class action, told the Canadian
Press he hopes a decision on the lawsuit is made before the deadline.


CANADA: Senior Citizens Commence Benefits Lawsuit V. Ottawa Government
----------------------------------------------------------------------
The Ottawa government faces a class action filed on behalf of low-
income senior citizens, seeking to allow them to receive up to $6,000 a
year in benefits, CTV.ca reports.  

Lead plaintiff Andre Le Corre filed the suit on behalf of 300,000
seniors who have never received the payments they were entitled to over
the past decade.  The suit further alleges that the lawsuit says Ottawa
knew that eligible seniors weren't receiving benefits and says the
federal government should be forced to make back payments.  If
successful, the suit could cost Ottawa $3 billion.

Mr. Le Corre told CTV that government should have told him that he
entitled to receive guaranteed income supplement payments. Instead, he
struggled to survive and he doesn't want to happen to anyone else.  
"These Canadians are the poorest in the country, so it's very unfair
that for years they did not receive this amount of money," he told
CTV's Jed Kahane in Montreal.

In response, Ottawa argues the most anyone can claim is one year in the
past, and that an average of 95 per cent of eligible seniors received
the benefit, CTV reports.  The federal government also says that
despite problems in the past, it's now informing seniors who qualify.
Information about the guaranteed income supplement is available online.


CATHOLIC CHURCH: Boston Archdiocese Charged in New Sexual Abuse Suits
---------------------------------------------------------------------
The Archdiocese of Boston faces 70 new lawsuits filed in Suffolk
Superior Court in Massachusetts, alleging 41 Roman Catholic priests
raped or sexually abused children as far back as the 1940s, Reuters
reports.

Attorney Michael Garabedian filed the lawsuits and named the
archdiocese as a defendant in 52 of them, alleging abusive acts between
1941 and 1987.  Of the 70 complaints, 23 involve accusations of rape.
Mr. Garabedian told a news conference the lawsuits depicted
"unspeakable acts" not limited to rape or fondling.  "Masturbation,
providing alcohol to these children while they're minors, showing
pornographic movies to these minors - men with little boys in the
movies - taking nude photos of these victims, taking a video of the
victim and the priest both masturbating," Atty. Garabedian said,
according to a Reuters report.  "It goes on and on."

Of the 41 priests named in the lawsuits, 13 are "new" priests who have
not previously been accused of wrongdoing, Atty. Garabedian continued.  
Of those 13, eight have died and at least two were still working for
the church, he said.
  
Under Massachusetts law, plaintiffs may only file lawsuits within three
years of the alleged sexual abuse or within three years of the time a
victim discovers an emotional or psychological injury caused by the
abuse, Reuters states.

The archdiocese has been exerting efforts to settle the claims against
it.  Cardinal Bernard Law and other officials have been charged of
knowing about the allegations, but failing to keep the clergymen from
children.  Instead, the archdiocese left them in ministry and moved
them from parish to parish.  Cardinal Law resigned last month as
archbishop.

Bishop Richard Lennon, who was named Law's temporary replacement last
month, told Reuters the church was in talks with plaintiffs' attorneys
about reaching a 90-day truce in the litigation that would allow
settlement talks to move forward.  Bishop Lennon said in an interview
with Boston radio station WBZ that he hoped to settle the more than 450
lawsuits that the archdiocese faces, filed by people who say they were
abused by priests.

The bishop acknowledged that the church was already taking steps to
raise money to pay victims, although he declined to comment on whether
the two sides have zeroed in on a dollar amount for a possible
settlement.  "I have authorized the go-ahead for the real estate
department to begin to market certain properties," Bishop Lennon told
WBZ, declining to identify which of the church's assets may be sold.


COOPER LIGHTING: Voluntarily Recalls 60T Halogen Bulbs Over Fire Hazard
-----------------------------------------------------------------------
Cooper Lighting, Inc. is cooperating with the United States Consumer
Product Safety Commission (CPSC) by recalling nearly 60,000 Regent 500-
watt halogen bulbs.  These bulbs may pose a fire hazard if used in
torchiere floor lamps or other indoor residential fixtures.  These 500-
watt light bulbs generate very high temperatures compared to
incandescent and lower wattage halogen bulbs and can start a fire if
they come in contact with curtains, clothes or other flammable
material.  These bulbs are intended for use in outdoor work lights and
flood lamps.
        
While the Company has not received any reports of fires or injuries,
the CPSC is aware of at least 290 fires and 25 deaths since 1992
involving halogen torchiere floor lamps.
        
Current packaging for the Regent 500-Watt Halogen Bulb, with model
numbers WM500Q and BP500Q, does not contain the recommended warning
label of the American National Standards Institute (ANSI).  The label
should read, "Warning: Fire Hazard!  Do Not Use In Torchieres Or Other
Indoor Residential Fixtures."  The Company has asked retailers to add
the label to bulb packaging currently on store shelves and new 500-watt
halogen bulbs will contain the label.  
        
Wal-Mart, Lowes and smaller retail outlets nationwide sold these
500-watt halogen bulbs between January 1999 and October 2002 for about
$4.
        
For more details, contact the Company by Phone: (800) 954-7145 anytime
or visit the firm's Website: http://www.cooperlighting.com.


CREDIT AGENCIES: Settles Consumer Lawsuit Over Misleading Data in GA
--------------------------------------------------------------------
Credit agencies Equifax and TransUnion reached a settlement for the
class action filed in the United States District Court in Georgia
alleging that they sold misleading data about millions of consumers,
the Atlanta-Journal Constitution reports.  The agreement may affect
millions of consumers who either were co-signers on loans or had joint
accounts with people who filed for bankruptcy.

The suit alleges the Companies placed bankruptcy notations on credit
reports of co-signers and joint-account holders, even if they weren't
the ones who filed for bankruptcy.  

In Texas, credit scoring became a hot issue after homeowners and car
insurance policies skyrocketed last year.  Consumer groups and other
insurance-industry critics say insurance premiums are rising partly
because of credit scoring, a claim the industry says is off the mark.  
The deals, which were reached through mediation, also have implications
beyond addressing one issue, Dick Rubin, a consumer advocacy lawyer in
Santa Fe, NM, told the Journal-Constitution.  They could be a "road map
for correcting systemic problems in the industry,"

Two years ago, an appeals court ruled that consumers cannot ask a court
to order credit-reporting companies to change the way they do business,
Mr. Rubin noted.  Only the Federal Trade Commission can do that, he
said.  He added that the South Carolina case provides a possible away
around that limitation.

The plaintiffs' lawyers used the leverage of possible massive damages
to win changes by the companies in the way they do business, Mr. Rubin
told the Journal-Constitution.  The plaintiffs' lawyers didn't ask the
district court to order the changes, he explained, so they didn't run
into the limitation set by the appeals court.

Under the settlement, the companies agreed to stop such practices,
according to lawyers and others familiar with the negotiations.  
Atlanta-based Equifax had no comment.  Trans- Union said only that it
is "still finalizing the terms of the agreement," the Atlanta Journal-
Constitution states.

US District Judge Margaret Seymour has set preliminary settlement
hearings for February.  If Judge Seymour accepts the settlement, then
consumers who qualify for the class action would be notified by mail
within 90 days.


CREDIT SUISSE: Allegedly Told Employees To "Edit" IPO Related E-mails
---------------------------------------------------------------------
Investment firm Credit Suisse First Boston allegedly told employees to
"edit" their files related to initial public offerings days before an
investigation into the firm's IPOs became public in 2000, according to
company e-mails, Bloomberg.com reports.  Attorneys in the securities
class action filed against the Company also revealed that the Company
later reversed itself later that week with a December 6 e-mail message
telling employees to "please stop editing public offering files until
further notice."

Attorneys suing the firm for securities fraud said documents that
should have been kept may have been destroyed.  "You can do a lot of
damage in three days," Fred Taylor Isquith, an attorney whose firm has
filed class action lawsuits against CSFB in connection with 310 initial
public offerings told Bloomberg.com.  "Absolutely it hurts."

The firm said in a statement that its employees haven't done anything
wrong, and in fact tried to save documents once the firm learned it was
under investigation.  "CSFB's document policies comply with all
applicable laws and regulations and are consistent with industry
standards," Victoria Harmon, a spokeswoman, said in a prepared
statement.  "In this instance, CSFB took appropriate steps to ensure
that all relevant documents would be preserved and provided to
regulators.  We strongly believe that CSFB's employees acted
appropriately in this matter."

CSFB last year paid $100 million to settle charges by the Securities
and Exchange Commission and the National Association of Securities
Dealers that it handed out sought-after IPO shares in exchange for
kickbacks, Bloomberg reports.  This month, CSFB said it set aside 456
million Swiss francs ($336 million) to pay possible damages from
plaintiffs' lawsuits.


CROSSROADS SYSTEMS: TX Court Grants Summary Judgment in Securities Suit
-----------------------------------------------------------------------
The United States District Court for the Western District of Texas
granted Crossroads Systems, Inc.'s motion for summary judgment in a
securities class action filed on behalf of purchasers of the Company's
common stock during various periods ranging from January 25, 2000
through August 24, 2000.  The suit alleges violations of federal
securities laws.

On November 22, 2002, the court granted the Company's motion for
summary judgment, concluding that the plaintiffs failed to demonstrate
an essential element to their claim of securities fraud.  The Company
anticipates the plaintiffs will file an appeal to the Fifth Circuit
Court of Appeals. The litigation is at an early stage and it is not
possible at this time to predict whether the Company will incur any
liability or to estimate the damages, or the range of damages, that the
Company might incur in connection with such actions.  An adverse
judgment may have a material adverse effect on the Company's business
and financial performance, it stated in a disclosure to the United
States Securities and Exchange Commission.


CROSSROADS SYSTEMS: Faces Shareholder Derivative Suit in TX State Court
-----------------------------------------------------------------------
Crossroads Systems, Inc. faces a shareholder derivative lawsuit filed
in the 261st District Court of Travis County, Texas on behalf of the
Company, naming several of its officers and directors as defendants.

The derivative state action alleges that certain of the individual
defendants sold shares while in possession of material inside
information in purported breach of their fiduciary duties to the
Company.  The suit also alleges waste of corporate assets.

The Company has filed an answer to, and general denial of, the
derivative state action.  The Company believes the allegations in the
derivative state action are without merit.  Its inability to prevail in
this action could have a material adverse effect on our future
business, financial condition and results of operations.


GEORGIA: Law Firm Says Prison Inmate's Death Could Have Been Prevented
----------------------------------------------------------------------
The Southern Center for Human Rights in Georgia criticized the state's
Department of Corrections, following the January 12 murder of inmate
Arthur Umberhand by a cellmate, the Gwinnett Daily Post reports.  The
center had earlier filed a class action against the Department on
behalf of 300 severely mentally ill inmates at Phillips State Prison in
Buford.

In a statement, the center said that Mr. Umberhand's death at the hands
of fellow inmate William Seigler, 32, was preventable.  The statement
stated Mr. Seigler had been in "a mental rage" for days before he was
put into the same cell as Mr. Umberhand.  It further stated attorneys
from the center had specifically warned the GDC about dangers of
double-bunking severely mentally ill patients.

Gwinnett District Attorney Danny Porter, who assisted with the GBI
investigation of the incident, told the Gwinnett Daily Post that the
statement that Mr. Seigler was in a mental rage was false.  "That is
not true," Mr. Porter said.  "There was no evidence of that in my
investigation."

Mr. Seigler told investigators there had been no incidents of
provocation by himself or Mr. Umberhand prior to the killing, according
to Mr. Porter.   Double bunking is not a common procedure at the
prison, but in Mr. Umberhand and Mr. Seigler's case it was an
"emergency thing because they were short of beds," Mr. Porter added.


GLOBAL CROSSING: Faces Consolidated Securities Fraud Suit in NY Court
---------------------------------------------------------------------
Global Crossing, Ltd. faces a consolidated securities class action
filed in the United States District Court in Manhattan, New York,
naming more than 20 executives and directors, including former chairman
Gary Winnick, the International Herald Tribune reports.  The suit was
filed on behalf of investors who lost billions of dollars in Company
stock and bonds.

The suit's claims go further beyond previous disclosures of the
frenzied atmosphere at the Company before it collapsed early last year.  
The suit further states that the Company's senior executives began
efforts to disguise the Company's financial difficulties months earlier
than previously disclosed, giving them more time to sell their shares.  
The suit also names as defendants several investment banks - including
Salomon Smith Barney, part of Citigroup Inc. - that raised money for
the Company and recommended its securities to their clients.

John Coffee Jr., an expert in securities law and a professor at
Columbia University's School of Law, told the Herald Tribune damages in
the case could reach into the billions of dollars, potentially raising
the bar for awards in corporate securities fraud complaints.

The defendants disputed the claims on Wednesday.  Terry Christensen, a
lawyer for Mr. Winnick, said, "All that has happened is that pursuant
to an order of the court, the various allegations in 70 different
complaints have been consolidated into a single complaint."

Mary Ellen Hillery, a spokeswoman for Salomon Smith Barney, told the
Herald Tribune, "We are familiar with the allegations and believe them
to be without merit."  Lawyers representing other defendants in the
action were also not available to comment.

Some evidence in the lawsuit has already been made public, like a
memorandum written on June 5, 2000, by Leo Hindery Jr., Global
Crossing's chief executive at the time, to a handful of directors.  In
it, he wrote, "The stock market can be fooled, but not forever, and it
is fundamentally insightful and always unforgiving of being misled,"
the Herald Tribune reports.


ISM CANADA: Customer Files Suit Over Personal Data on Stolen Hard Drive
-----------------------------------------------------------------------
Computer firm ISM Canada, the Workers' Compensation Board and the
Saskatoon, Canada provincial government faces a possible class action
initiated by workplace safety consultant Alex Taylor, who alleges his
personal information was on the computer hard drive stolen from the
firm, the Star Phoenix reports.

The Company announced the theft earlier this month. The hard drive,
which contained sensitive government data and personal information on
the clients of ISM customers, went missing from a restricted area at
the company's Regina office.  Several government departments and
agencies were affected including Health, Finance, the Saskatchewan
Property Management Corporation (SPMC), the Public Employees Benefits
Agency (PEBA), SaskPower and SaskTel.  Thousands of co-operators Life
customers were told this week some of their personal and financial
information was on the hard drive.  The Regina Police Service has been
called in to investigate.

Initially, government officials indicated just 88 WCB clients were
affected by the theft.  However, last week, WCB chief executive officer
Peter Federko sent letters to more than 4,600 clients informing them
information concerning their WCB annuity may have been lost by ISM,
which supplied computer services to the board until August of last
year, the Star Phoenix reports.  The WCB clients were told the personal
information included their injury claim numbers, names, addresses and
birth dates, in addition to information on the financial performance of
their annuity from 1996 to 2000.

Mr. Taylor has hired a lawyer with the Merchant Law Group to examine
the possibility of a lawsuit.  Saskatoon now has legislation permitting
class actions, but it would be up to a judge to decide whether Mr.
Taylor and others named in the suit could represent the 4,600 WCB
clients affected by the theft.

"This is a direct breach of the Workers' Compensation Act," Mr. Taylor
told the Star Phoenix.  "They failed to protect the security of our
documentation. And it's not only the board who is at fault. The
province has oversight over the board. Mr. (Andrew) Thomson (minister
responsible for information technology) is going to have manure on his
shoes when we're done with him."

Board spokesperson Janice Siekawitch could not comment on the
possibility of a lawsuit, the Star Phoenix states.  As to why ISM still
had the information, she said the WCB is as perplexed as everyone else.  
Last August, the board decided to handle the information processing
done by ISM in-house.

"It (the theft of the information) caught us a bit off guard. We are
talking to them about it. We're asking them why that information wasn't
erased and how this happened," Ms. Siekawitch said.  She said the board
has ensured its information technology area in its Regina headquarters
is secure. She said general security within the building is also tight.


JDN REALTY: GA Court Dismisses Securities Lawsuits Opposing DDR Merger
----------------------------------------------------------------------
The Superior Court of Fulton County, Atlanta, Georgia dismissed with
prejudice two purported class actions pending against JDN Realty
Corporation (NYSE: JDN) in connection with its proposed merger with
Developers Diversified Realty Corporation (DDR).  The suit alleged,
among other things:

     (1) claims of breach of fiduciary duty,

     (2) waste,

     (3) abuse of control and

     (4) unjust enrichment

The plaintiffs and their counsel have agreed to dismiss each of these
lawsuits with prejudice and without the payment by the Company of any
fees or other settlement amounts.  Through these dismissals, all
shareholder litigation arising out of the proposed merger with DDR has
been concluded.


OPTICAL CABLE: Pays Final Installment of Securities Lawsuit Settlement
----------------------------------------------------------------------
Optical Cable Corporation has paid the second and final installment of
the settlement for the consolidated securities class action filed
against it and:

     (1) former Chairman, President and Chief Executive Officer Robert
         Kopstein,

     (2) Luke J. Huybrechts and

     (3) Kenneth W. Harber

The consolidated suit was filed in the United States District Court for
the Western District of Virginia, on behalf of purchasers of the
Company's common stock during the period ranging from June 14, 2000,
through September 26, 2001.  The suit alleged that the defendants
violated Sections 10(b) and 20 of the federal Securities Exchange Act
of 1934 in making certain alleged misrepresentations and/or omitting to
disclose material facts.

In June 2002, the Company reached a tentative agreement to resolve the
suit.  The settlement provided for a cash payment of $700,000 and the
issuance of warrants to purchase 250,000 shares (adjusted for the 1-
for-8 reverse stock split approved on July 30, 2002) of its common
stock at an exercise price per share of $4.88 (adjusted for the 1-for-8
reverse stock split).

On July 22, 2002, the court entered an Order of Preliminary Approval of
the proposed settlement, and on September 23, 2002, the court entered
an Order and Final Judgment, approving the settlement and dismissing
the consolidated suit with prejudice.  The order and final judgment was
subject to appeal for 30 days after being entered.  Since no appeal was
filed with the Court within 30 days, the settlement became final and
binding.

The Company paid $500,000 of the cash portion of the settlement upon
preliminary court approval.  The second and final installment, totaling
$200,000, of the cash portion of the settlement was paid on November 1,
2002.  The warrants will be exercisable for five years.  The Company is
in the process of registering the shares issuable upon the exercise of
the warrants under the Securities Act of 1933, as amended.


PAYLESS SHOE: Consumer Group Lodges Suit Over Anti-Shoplifting Devices
----------------------------------------------------------------------
Payless ShoeSource, the nation's largest shoe retailer, faces a class
action filed by a consumer group, alleging the store sells damaged
goods in mostly black neighborhoods because of its security practice of
bolting tags onto shoes to stop shoplifting, Reuters reports.

The Los Angeles-based National Association for Cosmetologists commenced
the suit, which says the Company should stop bolting anti-theft devices
to shoes sold in minority neighborhoods and publicize its policy of
offering customers refunds for goods damaged as a result.  The suit
further said that the devices leave holes in the shoes where they are
bolted on.

The National Association for Cosmetologists filed the suit on behalf of
allegedly 853,000 people in the beauty trade.  The group also
threatened demonstrations and a boycott of the Company.  "It's about
economic justice and being fair to poor people. Every dime matters to
them," James Stern, executive director of the association told Reuters.

Mr. Stern said he filed the lawsuit, which seeks class action status,
after negotiating unsuccessfully with the chain to require store
managers to inform patrons at urban stores that they are entitled to a
discount on damaged shoes, Reuters states.  He said a recent survey of
five stores in Los Angeles, including one in the predominantly black
neighborhood of Watts, showed that managers were not consistently
giving discounts.



A spokesman for Topeka, Kansas-based Payless told Reuters the company
used anti-theft tags in about a third of its 5,000 stores in the United
States based on how much merchandise had been lost to shoplifting in
the past.  For example, the store on New York's posh Fifth Avenue uses
the tags, he said.

"I can't say this too strongly: the race or ethnicity of people who
shop in a certain area has never been a consideration," Timothy Reid, a
Payless spokesman, told Reuters.  He added that any customer could get
a refund or a credit for damaged goods.


TRIWEST HEALTHCARE: Officer Commences Lawsuit Over Computer Data Theft
----------------------------------------------------------------------
Defense contractor TriWest Healthcare Alliance faces a class action
filed on behalf of military personnel whose personal information was
stolen in a computer data theft last month at the Company's Phoenix
office, the Associated Press reports.

Attorneys David Karnas and Gary Bellovin commenced the suit against the
Company, on behalf of Lt. Col. Michael Stollenwerk and his wife Andrea
De Gatica, both of Virginia. Lt. Col. Stollenwerk serves in the Army.  
The theft occurred on December 14, which resulted in the loss of
computer hard drives containing names, addresses, phone numbers,
medical claim histories and Social Security numbers for about 562,000
military personnel.  The Company serves about 1.1 million active-duty
personnel, their dependents and retirees in 16 states.

TriWest was negligent under Arizona law by failing to protect people's
privacy interests and to "keep confidential and secure each plaintiff's
sensitive personal information it collected from them," according to
the complaint, AP states.  Security measures were lax, the lawsuit
states.  The lawsuit claims the Company also violated the US Privacy
Act of 1974.

Mr. Karnas told AP the plaintiffs are asking for damages somewhere "in
the millions."  He also said he wants TriWest to pay for credit
monitoring of all the affected personnel over the next 20 years in an
effort to curb credit fraud.

TriWest officials declined comment on the civil complaint Wednesday, AP
states.


UNITED STATES: Retired Air Force Colonel Continues Lawsuit For Benefits
-----------------------------------------------------------------------
In 1996, George "Bud" Day, a retired Air Force colonel and lawyer,
filed a class action on behalf of military retirees who entered the
service before June 7, 1956, and are owed, the lawsuit contends, free
lifetime health care because recruiting material promised this benefit,
the Columbus Ledger-Enquirer (GA) reports.

Colonel Day, 77, is reportedly the nation's most-decorated living
service member.  He is a former Vietnam prisoner of war and a Medal of
Honor recipient.  The Colonel filed a lawsuit in federal court in
Pensacola, Florida, on behalf of Military Retiree Health Care.  The
suit alleges breach of contract with military retirees older than 65,
by the failure of the United States to provide the military medical
care it had promised.

The lawsuit seeks to restore free health care for retirees 65 and older
and their dependents.  It also requests reimbursement of money (maximum
of $10,000) that has been withheld from Social Security pay over the
years to finance Medicare Part B, as well as gaining relief from future
Medicare deductions.  Military retirees are the only federal employees
forced into Medicare instead of having a continuing health plan, Mr.
Day says.

In 1998, a federal judge in Jacksonville, Florida ruled against Mr.
Day's Class Act Group, as his organization is called.  However, a panel
of the US Circuit Court of Appeals, in February 2001, ruled against the
government.

When the court agreed the United States had breached its contract, it
also found that Colonel Day's clients were entitled to recover damages
for the Medicare B premiums they have been forced to pay since military
HMOs evolved.  On November 18, 2002, however the full US Circuit Court
of Appeals ruled against Colonel Day's group.

"The court ruled that while the government conceded that recruiters did
promise free health care, they and the government did not have the
authority to promise free health care since the benefit was not
guaranteed by law, Army Echoes reported in its December 2002 edition.

On January 24, Colonel Day filed a petition to take the Class Act
Group's case before the US Supreme Court, said Colonel Harry Riley,
the organization's office manager.  Meanwhile, Class Act Group is
planning a February 12 rally at the Supreme Court, Colonel Riley said.


VERSANT CORPORATION: Appeals Court Upholds Securities Lawsuit Dismissal
-----------------------------------------------------------------------
The United States Ninth Circuit Court of Appeals upheld the dismissal
of the consolidated securities class action pending against Versant
Corporation and certain of its present and former officers.

The suit alleges violations of Sections 10(b) and 20(a) of the
Securities Exchange Act, and Securities and Exchange Commission Rule
10b-5 promulgated under the Securities Exchange Act, in connection with
public statements about the Company and its financial performance.

On December 4, 2001, the court dismissed the suit with prejudice due to
plaintiff's failure to state a claim of their securities fraud action.  
On December 13, 2001, plaintiffs filed a notice of appeal to the Ninth
Circuit Court of Appeals.

On May 2, 2002, the plaintiffs, now as appellants, filed an opening
brief alleging the dismissal was in error and should be reversed.  Oral
arguments were heard on January 14, 2003 and on January 23, 2003 the
Court of Appeals affirmed the dismissal.


VERSATA INC.: Court Preliminarily Approves Securities Suit Settlement
---------------------------------------------------------------------
The United States District Court for the Northern District of
California granted preliminary approval to the settlements proposed by
Versata, Inc. to settle the securities class action and the shareholder
derivative lawsuit pending against it, and certain of its current and
former officers and directors.

The consolidated securities fraud suit was filed against the Company
and certain of its former officers and a current director.  The suit
alleges claims under section 10(b) and section 20(a) of the Securities
Exchange Act of 1934 and claims under section 11 and 15 of the
Securities Act of 1933.  The amended complaint sought an unspecified
amount of damages on behalf of persons who purchased Company stock
during a class period between March 31, 2000 and April 30, 2001.

In July 2002, the Company reached an agreement with the plaintiffs to
settle the lawsuit in order to avoid protracted and expensive
litigation and the uncertainty of the outcome at a trial.  The
agreement for settlement does not constitute any admission of
wrongdoing on the part of Versata or the individual defendants.

The settlement calls for a payment of $9.75 million in cash by the
Company's insurance carriers, the issuance of 200,000 shares of the
Company's common stock, and for certain corporate therapeutics.  The
holders of the settlement stock have a put option of $3.50 per share
during a period of 20 trading days commencing one year from the date of
distribution; provided however, the put options shall expire if Versata
shares trade above $3.50 per share for 15 consecutive trading days
during the one year period following the date of distribution of the
settlement stock.  

Three derivative lawsuits were filed against certain of the Company's
current and former officers and directors on the Company's behalf in
the Superior Court of Alameda County, California.  The complaints also
name the Company as a nominal defendant.  The suits allege the
defendants made or permitted the Company to make false financial
statements.  The complaints alleged that the defendants:

     (1) breached their fiduciary duties,

     (2) abused their control of the corporation, and

     (3) engaged in gross mismanagement of the corporation


In July 2002, in conjunction with the settlement of the securities
litigation discussed above, the Company reached an agreement to settle
the derivative action.  As discussed, the agreement for settlement does
not constitute any admission of wrongdoing on the part of the Company
or the individual defendants.  

Final settlement hearing is set for February 14, 2003.


WATER POLLUTION: Honeywell, Siemens Face Suit Over VOC Pollution in OH
----------------------------------------------------------------------
Honeywell International, Inc. and Siemens Energy & Automation, Inc.
face a class action filed in the United States District Court in
Cincinnati, Ohio, alleging that the two companies polluted the water
with "highly toxic chemicals," the SpringfieldSunNews.com reports.

The suit alleges that volatile organic compounds (VOCs) such as
tetrachlorethene (PCE) or trichloroethene (TCE) contaminated the local
water supply for as many as 10,000 people.  The chemicals allegedly can
cause cancer, liver and kidney damage, heart problems, impaired fetal
development in pregnant women, coma and death.  The suit further states
that government officials knew about the problem but didn't tell the
public soon enough.

The lawsuit doesn't specify a monetary amount, but plaintiffs'
attorneys said they will seek "many millions of dollars" for property
damage and punitive damages. No government agencies were named in the
lawsuit, SpringfieldSunNews.com reports.  The plaintiffs aren't
claiming any medical problems in the lawsuit, but there have been no
local studies to determine if there are any clusters of diseases that
might be caused by PCE or TCE.

"These families were left with no choice but to file a lawsuit to try
to vindicate their rights to live in their homes without being trapped
by this contamination," Shawn Collins of The Collins Law Firm in
Naperville, Ill., an attorney for the plaintiffs told
SpringfieldSunNews.com.

The Environmental Protection Agency first began testing for these
compounds nationwide in 1988 and the compounds were discovered at
Urbana sites in 1989.  In 2001 government officials disclosed that the
chemicals moved from north to south under the city in a plume that has
contaminated private water wells outside the city and affected city
water wells at Old Troy Pike.


ZENITH ELECTRONICS: Recalls 80T Projection Televisions For Fire Hazard
----------------------------------------------------------------------
Zenith Electronics Corporation is cooperating with the United States
Consumer Product Safety Commission (CPSC) by voluntarily recalling to
repair about 80,000 large-screen, analog projection televisions
manufactured between 1995 and 1998.  This recall is an expansion of a
1998 recall program involving 111,000 projection television sets.  A
tear in a gasket can cause coolant fluid to leak from the picture tube
assembly.  This can cause smoking, charring, and electrical arcing
inside of the television, posing a fire hazard to consumers.  
        
Since 1998, the Company has received 45 reports of incidents involving
coolant leakage, causing smoking or charring with the televisions,
including four cases where minor property damage occurred outside of
the unit.  No injuries have been reported.
        
The projection televisions recalled in this expansion and the earlier
program have 46-60 inch screens and were manufactured from April 1995
through July 1997, and August 1998 through November 1998.  The date of
manufacture can be found on the white label on the back of the set.  
These televisions were manufactured in Mexico.  Projection televisions
manufactured after 1998 are not included in this recall.
        
Major appliance and department stores nationwide sold these televisions
from about April 1995 through April 1999 for between $1,200 and $2,800.
        
For more details, contact the Company by Phone: (800) 777-5195 anytime
to arrange for a free inspection and repair, or visit the firm's
Website: http://www.projorecall.com.

                     New Securities Fraud Cases                        

AEGON NV: Marc Henzel Commences Securities Fraud Lawsuit in S.D. NY
-------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action
in the United States District Court for the Southern District of New
York on behalf of purchasers of the securities of Aegon N.V. (NYSE:
AEG) between August 9, 2001 to July 22, 2002, inclusive.  The action is
pending against the Company, Don Shepard, Kees Storm and Jos B.M.
Streppel

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 9, 2001 to July 22, 2002.
Aegon, through its member companies, is an international insurer.
During the years preceding the class period, and during the class
period, as stock markets suffered substantial declines, increasing
numbers of investors gravitated from variable products to fixed
products.  Aegon distinguished itself from its competitors with the
claim that its purportedly broad product mix better enabled it to take
advantage of this market shift while it simultaneously assured
investors that it had sufficient reserves to fund the sharply
increasing guaranteed payout obligations required by its fixed
products.

The complaint further alleges that Aegon also assured investors that it
was less vulnerable to the vicissitudes of the equity and credit
markets than competitors because the Company matched "high quality
investment assets . in an optimal way to the corresponding insurance
liability, taking into account currency, yield and maturity
characteristics."  The Company claimed that, for the foregoing reasons,
"(c)onsistency and reliability in earnings forecasting is a particular
source of pride" and that, while not immune to equity and real estate
market shifts, the Company was not subject to sharp downward variations
in annual net income.

Accordingly, the Company reduced its earnings guidance for 2002 but at
all relevant times maintained its forecast that 2002 net income would
at least equal 2001 net income.  The class period ends on July 22,
2002.  The complaint alleges that, on that date, the Company shocked
the market, announcing that 2002 net income would not equal 2001 net
income but, on the contrary, would be 30% to 35% lower than 2001 net
income.  On this news, Aegon shares declined from a closing price of
$16.99 on Friday, July 19, 2002 to a closing price of $13.25 on Monday,
July 22, 2002, when trading resumed

For more details, 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       


AMERICREDIT CORPORATION: Marc Henzel Lodges Securities Suit in N.D. TX
----------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action
in the United States District Court for the Northern District of Texas
on behalf of purchasers of AmeriCredit Corp. (NYSE: ACF) publicly
traded securities during the period between April 14, 1999 and Jan. 15,
2003.

The complaint charges AmeriCredit and certain of its officers and
directors with violations of the Securities Exchange Act of 1934.
AmeriCredit is a national consumer finance company specializing in
purchasing, securitizing and servicing automobile loans.  The complaint
alleges violations of the federal securities laws arising out of
defendants' issuance of false and misleading statements about the
Company's business, operating performance and prospects.  Specifically,
defendants were improperly deferring delinquent loans to avoid consumer
defaults so AmeriCredit would have access to cash which otherwise would
have been restricted.

For more details, 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       


AMERICREDIT CORPORATION: Kirby McInerney Launches Fraud Suit in N.D. TX
-----------------------------------------------------------------------
Kirby McInerney & Squire, LLP initiated a securities class action in
the United States District Court for the Northern District of Texas on
behalf of all purchasers of AmeriCredit Corp. common stock (NYSE:ACF)
during the period from April 14, 1999 through January 16, 2003.

The complaint asserts claims for violation of Section 10(b) and 20(a)
of the Securities and Exchange Act of 1934 against AmeriCredit, as well
as its Chief Executive and Chief Financial Officers.  The alleged
violations, according to the complaint, stem from materially false and
misleading statements made by the defendants during the class period
that, as detailed below:

     (1) materially misrepresented AmeriCredit's operational and
         financial performance;

     (2) caused AmeriCredit stock to trade at artificially-inflated
         prices.

The complaint charges that AmeriCredit -- a national consumer finance
company specializing in purchasing, securitizing and servicing
automobile loans -- was, during the class period, improperly deferring
delinquent loans in order to avoid the proper accounting and financial
reporting consequences of consumer defaults.  By deferring write-offs
that GAAP would have required, AmeriCredit was able to report financial
results much higher than those GAAP dictated.  These inflated financial
results, in turn, caused AmeriCredit shares to trade at prices
artificially inflated by AmeriCredit's misleading reported financial
results.  AmeriCredit took advantage of its share price inflation by
raising $500 million through a secondary stock offering in September
2002, while AmeriCredit's CEO and CFO received $53 million from their
class period sales of AmeriCredit shares at inflated prices.

As the complaint charges, on January 16, 2003, AmeriCredit cleaned its
books and recognized a backlog of delinquent loans, resulting in
disastrous financial results including a 33% revenue shortfall and a
loss three times larger than expected. AmeriCredit shares -- which had
already fallen from $80 to $8 per share -- lost half their remaining
value.

For more details, contact Ira M. Press or Ori Braun by Mail: 830 Third
Avenue, 10th Floor, New York, New York 10022 by Phone: (212) 317-2300
or Toll Free (888) 529-4787 by E-Mail: obraun@kmslaw.com


ARIBA INC.: Stull Stull Commences Securities Fraud Lawsuit in N.D. CA
---------------------------------------------------------------------
Stull Stull & Brody LLP initiated a securities class action in the
United States District Court for the Northern District of California,
on behalf of purchasers of Ariba, Inc. (NASDAQ: ARBAE) securities
between January 11, 2000 and January 15, 2003, inclusive.

Ariba provides Internet-based business to business software and
services which assist companies in managing their operations' cash
costs.  The suit charges that the Company and certain of its officers
and directors violated Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 and Rule 10b(5).  The action alleges that
defendants issued a series of false and misleading statements
concerning the Company's financial condition while garnering over $692
million as the result of insider trading.

Specifically, the suit charges that defendants issued financial results
which were presented in violation of Generally Accepted Accounting
Principles (GAAP).  As a result, the suit charges that defendants were
forced to restate the Company's financial statements for the fiscal
years ended September 30, 2000 and 2001, and for the quarters ended
March 31, 2000 through June 30, 2002.  The suit further alleges that as
a result of defendants' actions, plaintiff and the class were damaged.

For more details, contact Tzivia Brody by Mail: 6 East 45th Street, New
York NY 10017 by Phone: 1-800-337-4983 by Fax: 212-490-2022 by E-mail:
SSBNY@aol.com or visit the firm's Website: http://www.ssbny.com.  


MCSi INC.: Marc Henzel Commences Securities Fraud Lawsuit in S.D. Ohio
----------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action
in the United States District Court for the Southern District of Ohio,
Western Division on behalf of purchasers of MCSi, Inc. (Nasdaq: MCSI)
for violations of federal securities laws.  The complaint names as
defendants the Company and:

     (1) Chief Executive Officer, President and Chairman of the Board
          Michael E. Peppel, and

     (2) its Chief Financial Officer and Vice-President, Ira H.
         Stanley.

Filed by three law firms, the named plaintiff is a single shareholder
who purports to represent a class of MCSi shareholders who purchased
MCSi securities between July 24, 2001 and February 26, 2002.  The
complaint alleges that during this seven-month period MCSi "made untrue
statements of material fact and/or omitted to state material facts
necessary to make the statements not misleading . in an effort to
maintain artificially high market prices for MCSi's securities in
violation of (U.S. securities law)."

For more details, 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       


TRANSKARYOTIC THERAPIES: Marc Henzel Commences Securities Lawsuit in MA
-----------------------------------------------------------------------
The Law Offices of Marc S. Henzel initiated a securities class action
in the United States District Court for the District of Massachusetts
in Boston, Massachusetts on behalf of persons who purchased stock, or
who sold put options of Transkaryotic Therapies, Inc. (Nasdaq: TKTX) on
the open market from January 4, 2001 through January 14, 2003.

The complaint alleges that during the class period, defendants made
misrepresentations and nondisclosures of material fact to the investing
public concerning TKT's prospects for FDA approval of TKT's Replagal
enzyme therapy for the treatment of Fabry disease.  In fact, as the
Complaint alleges, defendants knew by virtue of their ongoing
communications with the FDA of adverse facts concerning the FDA's
consideration of TKT's application that were inconsistent with TKT's
positive representations.

More specifically, according to testimony at the January 14, 2003 FDA
Advisory Committee hearing, in a letter dated December 22, 2000, the
FDA had advised TKT that "the clinical study data [from the Phase II
studies] had not provided substantial evidence of efficiency and fully
detailed the facts leading to that conclusion. [The FDA's Center for
Biologics Evaluation and Research] recommended that additional clinical
studies be conducted."

The true facts were all finally revealed after the January 14, 2003 FDA
Advisory Committee meeting.  On January 15, 2003, TKT closed at $6.49,
more than 85% below its class period high.  Defendants were motivated
to make the materially false and misleading statements during the class
period, among other things, so that TKT could sell $267 million in
common stock in secondary public offerings and defendant Richard F.
Selden, TKT's President and CEO, could sell 90,000 shares of his
personal holdings of TKT common stock during the class period for total
consideration of $2,800,000.

For more details, 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       


VERITAS SOFTWARE: Marc Henzel Launches Securities Fraud 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 VERITAS Software Corporation
(NASDAQ: VRTS) publicly traded securities during the period between
January 24, 2001 and January 16, 2003.

The complaint charges VERITAS and certain of its officers and directors
with violations of the Securities Exchange Act of 1934.  VERITAS is a
software storage company that provides data protection, storage
management and disaster recovery software.  The complaint alleges that
on January 17, 2003, the Company announced the restatement of its 2000
and 2001 financial statements as a result of its improper accounting
for transactions with AOL Time Warner in 2000.  The release stated in
part: "(t)he transactions involved in a $50 million software purchase
by AOL and a $20 million advertising services purchase from AOL."

While VERITAS' financial statements were admittedly false and its stock
price artificially inflated, the Company's top officers and directors
took advantage of this and sold nearly $15 million worth of their
VERITAS shares to the unsuspecting public.

For more details, 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       


                             *********


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 2002.  All rights reserved.  ISSN 1525-2272.

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

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.

                  * * *  End of Transmission  * * *