/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/080219.mbx C L A S S A C T I O N R E P O R T E R Tuesday, February 19, 2008, Vol. 10, No. 35 Headlines ALCOA INC: VI Court Adopts Recommendation in Injury Litigation ALCOA CANADA: Continues to Face Baie Comeau Resident's Lawsuit ALCOA INC: Sept. 17, 2008 Trial Scheduled for the ERISA Lawsuit AMAZON.COM INC: Faces Wash. Lawsuit Over Sale of Bogus Goods ARCHON CORP: Responds to Allegations in Nev. Ex-Holders' Suits BNSF RAILWAY: Faces Consolidated Fuel Surcharges Lawsuit in D.C. BREVARD COUNTY: Palm Bay Files Suit Over Illegal Ambulance Fee BRITISH AIRWAYS: To Pay GBP102MM to Settle Overcharging Lawsuit ELECTRONIC DATA: Tech Service Workers File Suit for Overtime Pay DELTA AIR: $4.5M Deal in Ga. ERISA Suit Awaits Court Approval GOLD'N PLUMP: Reaches $1.2MM Settlement in Minn. Wage Lawsuit HONEYWELL INT'L: Ariz. Court Gives Final Approval to $35M Deal KANSAS CITY: Still Faces Several Fuel Surcharges Antitrust Suits LOG DEN: Trying to Resolve Problem, Plaintiffs' Lawyer Says NATIONAL CITY: Reaches Settlement in Ill. Loan Originator's Suit NATIONAL CITY: Faces Suits in Ohio Alleging Violations of ERISA NATIONAL CITY: N.Y. Judge Recommends Dismissal of Certain Claims NEW ENGLAND: Faces Lawsuit in La. Over "Fraudulent Videotaping" NUTRI-FOODS: Recalls Sesame Seeds Posing Possible Health Risks PHILIPPINES: Defense Chief Wants Illegal Arrest Suit Dismissed PRESSTEK INC: N.H. Court Denies Dismissal Bid v. Securities Suit SHERWOOD BRANDS: Recalls Cards Containing Metal Fragments STRAUSS GROUP: To Sell Cheaper Wafers in Settlement of Lawsuit TRANSCOR AMERICA: Faces CA Suit Over Transportation of Detainees TULLY'S COFFEE: Faces Suit in Calif. Over Meals, Rest Periods WACHOVIA BANK: Accused of Defrauding Customers in Ga. Lawsuit WAYNE STATE: Faces Mich. Lawsuit Over Unreturned Students' Fees New Securities Fraud Cases MUNICIPAL MORTGAGE: Finkelstein Thompson Files Securities Suit MUNICIPAL MORTGAGE: Spector Roseman Files Securities Fraud Suit ORION ENERGY: Spector Roseman Files Securities Fraud Suit in NY ********* ALCOA INC: VI Court Adopts Recommendation in Injury Litigation -------------------------------------------------------------- The U.S. District Court for the District of the Virgin Islands adopted a magistrate judge's recommendation that class certification be maintained for liability issues only, and that the class be decertified after liability issues have been resolved in connection to a civil suit filed against Alcoa, Inc. in the Territorial Court of the Virgin Islands by certain residents of St. Croix, according to Alcoa, Inc.'s Feb. 15, 2008 form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Sept. 30, 2007. The suit seeks compensatory and punitive damages and injunctive relief for alleged personal injuries and property damages associated with "bauxite or red dust" from the St. Croix Alumina facility. The suit names St. Croix Alumina LLC, Alcoa Inc. and Glencore Ltd. (a former owner of the facility) as defendants and in August 2000 was accorded class action treatment. The class is defined to include persons in various defined neighborhoods who "suffered damages and/or injuries as a result of exposure during and after Hurricane Georges to red dust and red mud blown during Hurricane Georges." All of the defendants have denied liability, and discovery and other pretrial proceedings have been underway since 1999. In October 2003, the defendants received plaintiffs' expert reports. These reports claim that the material blown during Hurricane Georges consisted of bauxite and red mud, and contained crystalline silica, chromium and other substances. The reports go on to claim, among other things, that the population of the six subject neighborhoods as of the 2000 census (a total of 3,730 people) has been exposed to toxic substances through the fault of the defendants, and hence will be able to show entitlement to lifetime medical monitoring as well as other compensatory and punitive relief. These opinions are in the process of being contested by the defendants. The reports go on to claim, among other things, that the population of the six subject neighborhoods as of the 2000 census (a total of 3,730 people) has been exposed to toxic substances through the fault of the defendants, and hence will be able to show entitlement to lifetime medical monitoring as well as other compensatory and punitive relief. These opinions have been contested by the defendants expert reports, that state, among other things, that plaintiffs were not exposed to the substances alleged and that in any event the level of alleged exposure does not justify lifetime medical monitoring. In August 2005, Alcoa and St. Croix Alumina, L.L.C. moved to decertify the plaintiff class, and in March 2006, the assigned magistrate judge issued a recommendation that class certification be maintained for liability issues only, and that the class be decertified after liability issues have been resolved. This recommendation has been adopted by the assigned district judge. Glencore Ltd. is jointly defending the case with Alcoa and St. Croix Alumina, L.L.C. and has a pending motion to dismiss. The suit is "St. Croix Renaissance Group v. St. Croix Alumina, LLC, Case No. 1:04-cv-00067-RLF-GWC," filed with the U.S. District Court for the District of the Virgin Islands, Judge Raymond L. Finch presiding. Representing the plaintiffs is: Joel H. Holt, Esq. Law Offices of Joel Holt 2132 Company Street Suite 2 St. Croix, VI 00820 Phone: 340-773-8709 Fax: 340-773-8677 e-mail: holtvi@aol.com Representing the defendants is: Simone D. Francis, Esq. Ogletree, Deakins, Nash, Smoak & Steward, LLC The Tunick Building 1336 Beltjen Road, Suite 201 St. Thomas, VI 00802 Phone: 340-714-1235 Fax: 340-714-1245 e-mail: simone.francis@ogletreedeakins.com ALCOA CANADA: Continues to Face Baie Comeau Resident's Lawsuit -------------------------------------------------------------- The plaintiff in a pollution suit filed against Alcoa Canada, Inc. in relation to the company's smelting operation in Baie Comenau, Quebec has filed his claim against the original defendants in the suit. The suit is a purported class action filed in the Superior Court of Quebec in the District of Baie Comeau on behalf of a putative class consisting of all past, present and future owners, tenants and residents of Baie Comeau's St. Georges neighborhood. Dany Lavoie, a resident of Baie Comeau in Quebec, filed a motion for authorization to institute a class action and for designation of a class representative on Aug. 25, 2005. The suit was to name the following as defendants: -- Alcoa Canada Inc., -- Alcoa Limitee, -- Societe Canadienne de Metaux Reynolds Limitee, and -- Canadian British Aluminum. Dany Lavoie alleges that defendants, as the present and past owners and operators of an aluminum smelter in Baie Comeau, have negligently allowed the emission of certain contaminants from the smelter, specifically polycyclic aromatic hydrocarbons or PAHs, that have been deposited on the lands and houses of the St. Georges neighborhood and its environs causing damage to the property of the putative class and causing health concerns for those who inhabit that neighborhood. If allowed to proceed as a class action, plaintiff seeks to compel additional remediation to be conducted by the defendants beyond that already undertaken by them voluntarily, seeks an injunction against further emissions in excess of a limit to be determined by the court in consultation with an independent expert, and seeks money damages on behalf of all class members. A hearing on plaintiffs motion for class certification was held on April 24-26, 2007. On May 23, 2007, the court issued its ruling which granted the motion in part and authorized a class action suit to include only people who suffered property damage or personal injury damages caused by the emission of PAHs from the smelter. On Sept. 13, 2007, the plaintiff filed its claim against the original defendants, which the court had authorized in May 2007, according to Alcoa, Inc.'s Feb. 15, 2008 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Sept. 30, 2007. Alcoa, Inc. -- http://www.alcoa.com-- is a producer of primary aluminum, fabricated aluminum and alumina, and is active in all aspects of the industry, including technology, mining, refining, smelting, fabricating and recycling. Alcoa is a global company operating in 44 countries. ALCOA INC: Sept. 17, 2008 Trial Scheduled for the ERISA Lawsuit --------------------------------------------------------------- A Sept. 17, 2008 trial is scheduled for the class action, "Curtis v. Alcoa Inc., Civil Action No. 3:06cv448," was filed with the U.S. District Court for the Eastern District of Tennessee, according to Alcoa, Inc.'s Feb. 15, 2008 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Sept. 30, 2007. The suit was filed on Nov. 17, 2006. It was filed by plaintiffs representing approximately 13,000 retired former employees of Alcoa or Reynolds Metals Company and spouses and dependents of such retirees alleging violation of the Employee Retirement Income Security Act (ERISA) and the Labor-Management Relations Act by requiring plaintiffs, beginning Jan. 1, 2007, to pay health insurance premiums and increased co-payments and co- insurance for certain medical procedures and prescription drugs. The plaintiffs allege these changes to their retiree health care plans violate their rights to vested health care benefits. They additionally allege that Alcoa has breached its fiduciary duty to plaintiffs under ERISA by misrepresenting to them that their health benefits would never change. The plaintiffs seek injunctive and declaratory relief, back payment of benefits and attorneys fees. Alcoa has consented to treatment of plaintiffs claims as a class action. During the fourth quarter, following briefing and argument, the court ordered consolidation of the plaintiffs motion for preliminary injunction with trial, certified a plaintiff class, bifurcated and stayed the plaintiffs breach of fiduciary duty claims, struck the plaintiffs jury demand, but indicated it would use an advisory jury, and set a trial date of Sept. 17, 2008. The suit is "Curtis v. Alcoa Inc. et al., Case No. 3:2006-cv- 00448," filed in the U.S. District Court for the Eastern District of Tennessee, Judge Thomas W. Phillips presiding. Representing the plaintiffs is: Robert S. Catapano-Friedman, Esq. 744 Broadway Albany, NY 12207 Phone: 518-463-7501 Fax: 518-463-7502 e-mail: katapano@gmail.com Representing the defendant is: John W. Woods, Jr., Esq. Hunton & Williams 951 East Byrd Street Riverfront Plaza East Tower Richmond, VA 23219-4074 Phone: 804-788-8629 Fax: 804-343-4794 e-mail: jwoods@hunton.com AMAZON.COM INC: Faces Wash. Lawsuit Over Sale of Bogus Goods ------------------------------------------------------------ Amazon.com Inc. is facing a class-action complaint filed on Feb. 14 with the Superior Court of the State of Washington, in and for the County of King, on behalf of all consumers who bought counterfeit products through its Web site, CourtHouse News Service reports. Named plaintiff Kevin M. Boyle brings the action for: -- breach of contract -- unjust enrichment, -- negligent misrepresentation -- violation of the Consumer Protection Act -- statutory penalties and -- injunctive and declaratory relief. Mr. Boyle, an Internet retailer, claims that on June 9, 2007, he accessed the defendant's online web page wherein it advertised Motorola H700 Bluetooth Headsets for sale. The Web site, advertising Bluetooth Headsets for sale warranted "Items sold and fulfilled by Amazon.com are guaranteed to be genuine." But after Mr. Boyle received his headset, he learned that the product was a counterfeit. Mr. Boyle claims that when he complained to Amazon that it had sold him a bogus Bluetooth headset, it directed him to a "Deals Warehouse" that does not exist. Mr. Boyle seeks to represent all persons who, within the applicable statute of limitations, purchased counterfeit products from the defendant. He is requesting that: -- the court certify the case as a class action pursuant to Civil Rule 23(b)(2) or 23(b)(3), with him as the class representative and his lawyer as class counsel; -- the court enter a judgment in his and the class' favor against defendant, directing equitable restitution for the sums defendant received for counterfeit products, and award damages therefore, including exemplary damages pursuant to RCW 19.86.090; -- the court enter an injunction and declaratory relief permanently forbidding the defendant from committing the practices alleged in the future or declaring the same unlawful, and award incidental damages; -- the court award him and the class their costs, including reasonable attorneys' fees pursuant to RCW 19.86.090; and -- he be granted leave to amend the pleadings to conform to the proof presented at trial. The suit is "Kevin M. Boyle et al. v. Amazon.com, Inc., Case No: 08-2-06103-5 SEA," filed with the Superior Court of the State of Washington in and for the County of King. Representing the plaintiff is: Guy W. Beckett, Esq. Beckett Law Office, PLLC 811 1st Ave Ste 620 Seattle, WA 98104 Phone: (206) 264-8135 - and - Rob Williamson, Esq. (roblin@williamslaw.com) Williamson & Williams 187 Parfitt Way SW, Ste. 250 Bainbridge Island, Washington 98110 Phone: (206) 780-4447 ARCHON CORP: Responds to Allegations in Nev. Ex-Holders' Suits -------------------------------------------------------------- Archon Corp. answered allegations made in two complaints filed with the U.S. District Court for the District of Nevada by two former holders of the Exchangeable Redeemable Preferred Stock of the company. The complaints are entitled: -- "Rainero v. Archon Corporation, District of Nevada Case No. 2:07-cv-01553," and -- "Leeward Capital, L.P. v. Archon Corporation, District of Nevada Case No. 2:08-cv-00007." The plaintiff in the Rainero action purports to bring the action as a class action claim on behalf of all those preferred stock shareholders similarly situated. Like the Rainero action, the Leeward matter is alleging essentially the same claim. If the plaintiffs are correct, the redemption price as of August 31, 2007, should have been $8.69 per share and not $5.241 per share as calculated by the Company which, if applied to all the then outstanding shares of Exchangeable Redeemable Preferred Stock, including the shares held by the Company�s officers and directors, would increase the redemption price in excess of $15.2 million. The company has answered the Rainero and Leeward complaints, according to the company's Feb. 15, 2008 form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Dec. 31, 2007. Archon Corp. -- http://www.archoncorporation.com/-- is involved in the business of owning, managing and operating hotel/casino properties. BNSF RAILWAY: Faces Consolidated Fuel Surcharges Lawsuit in D.C. ---------------------------------------------------------------- BNSF Railway Co. faces a consolidated litigation pending in D.C., entitled, "In re: Rail Freight Fuel Surcharge Antitrust Litigation, MDL No. 1869," according to its Feb. 14, 2008 form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Dec. 31, 2007. Beginning May 14, 2007, 27 similar class action complaints were filed in six federal district courts around the country against BNSF Railway, and four other Class I railroads (and, in some cases, the Association of American Railroads) alleging that they have conspired to fix fuel surcharges with respect to unregulated freight transportation services in violation of the antitrust laws and seeking injunctive relief and unspecified treble damages. On Nov. 6, 2007, the Judicial Panel on Multidistrict Litigation entered an order to consolidate cases in the U.S. District Court of the District of Columbia for coordinated or consolidated pretrial proceedings, under the caption, "In re: Rail Freight Fuel Surcharge Antitrust Litigation, MDL No. 1869." BNSF Railway Co. -- http://www.bnsf.com/-- formerly known as The Burlington Northern and Santa Fe Railway Co., is a wholly owned subsidiary of Burlington Northern Santa Fe Corp. BNSF Railway operates a railroad system in North America. BREVARD COUNTY: Palm Bay Files Suit Over Illegal Ambulance Fee -------------------------------------------------------------- The city of Palm Bay in Florida is suing Brevard County to help residents get a refund for the illegal fee they paid for emergency ambulance service, Kate Brennan writes for Florida Today. According to the report, the city had sued the county over the illegal ambulance fee years ago and won. Now, it is filing a class action lawsuit to help 250,000 Brevard County property owners get back more than $200 each. The lawsuit, if successful, could cost Brevard County $40 million to $64 million, Florida Today notes. According to the report, if Palm Bay wins the lawsuit, it expects that Brevard County would take out a huge loan to pay everyone back, although the case could take a year to get to court. The report relates that Brevard County residents pay $54 every year for ambulance service, whether it is used or not. Palm Bay residents say that they should get their money back. Emergency medical service fees were tacked on to county property taxes for years, Florida Today explains. It was a way for the county manager and fire chief to circumvent voter approved tax caps and beef up their budgets. The Florida Supreme Court ruled that the fees were illegal in 2002, but it was not until Palm Bay initiated the lawsuit in 2006 that the county stopped. The suit alleges that Brevard County collected about $200 from every home and business owner over four years. Palm Bay's mayor and three residents began the class action suit. City Manager Lee Feldman says they are backing it because the county collected money from their citizens, Florida Today says. BRITISH AIRWAYS: To Pay GBP102MM to Settle Overcharging Lawsuit --------------------------------------------------------------- British Airways and Virgin Atlantic have agreed to pay out an aggregate of GBP102 million to customers who were overcharged by the two airlines between August 2004 and March 2006, ShareCast reports. The two airlines, according to Times Online, confirmed yesterday that they had agreed to pay millions in compensation to settle the lawsuit brought by Cohen Milstein Hausfield & Toll on behalf of passengers in a San Francisco court. The court ruled that the airlines conspired to fix surcharges -- the supplemental fees added to fares to cover rising fuel costs. ShareCast notes that the settlement deal is now awaiting court approval. ShareCast says that ripped-off customers who paid over the odds for fuel surcharges will be able to claim back between GBP1 and GBP11.50 per long-haul flight from British Airways and between GBP2 and GBP10 from Virgin. Although the lawsuit was brought by American lawyers in California, it covers Britons who bought tickets for long-haul flights on both airlines between August 2004 and March 2006, Times Online explains. Those affected are entitled to up to GBP20 per return journey and are being encouraged to visit a dedicated Web site set up to handle compensation claims. According to the lawyers, a typical family of four will be entitled to an GBP80 refund for a long-haul trip. Deseret Morning News recounts that British Airways was previously fined more than US$500 million by U.S. and British authorities for its role in the fuel-surcharge price-fixing case. Virgin, however, was not fined because it came forward to expose the alleged collusion. As reported in the Class Action Reporter on Sept. 19, 2007, Cohen Milstein launched the class action against Virgin Atlantic after the airline company admitted its involvement in the price-fixing scandal over fuel surcharges. The law firm accelerated the proceedings against Virgin and British Airways "by using [Virgin's] admission as a basis upon what price prevailed in the market as a result of the illegal agreements." Times Online adds that lawyers estimate that about 5.65 million ticketholders will be eligible for compensation and passengers will be able to claim, regardless of whether they booked through a travel agent or with the airline directly. British Airways has set aside GBP46 million to pay British customers with Virgin earmarking GBP28 million, although these amounts also include provisions to pay business customers who are expected to claim substantial sums. Customers who flew between August 11, 2004, and March 23, 2006, on long-haul flights and who want their claims processed may log on to: http://www.virginbapassengerrefund.comand http://www.airpassengerrefund.co.uk or call: 0800 0430343. Representing plaintiffs is: Michael D. Hausfeld, Esq. Cohen, Milstein, Hausfeld & Toll, P.L.L.C. 1100 New York Avenue, N.W. Suite 500 West Tower Washington, DC 20005 Phone: (202) 408-4600 Fax: (202) 408-4699 e-mail: lawinfo@cmht.com Representing Virgin Atlantic is: David E. Vann Jr., Esq. (dvann@stblaw.com) Simpson Thacher & Bartlett, LLP Citypoint, One Ropemaker St. London EC2Y 9HU, England Phone: 44-20-7275-6550 Fax: 011-44-20-7275-6502 ELECTRONIC DATA: Tech Service Workers File Suit for Overtime Pay ---------------------------------------------------------------- Six current and former technical workers of Electronic Data Systems Corp. are suing the company for overtime pay, the Associated Press reports. The lawsuit, filed this month with the U.S. District Court in Detroit, claims that EDS failed to pay overtime as required and improperly labeled technical service workers to exempt them from federal overtime protections. EDS spokesman Travis Jacobsen told AP that the company is committed to complying with labor laws and plans to fight the lawsuit. The Detroit Free Press says that, according to the plaintiffs' lawyers, if the court certifies the case as a class action, potentially thousands of EDS workers might be covered. The lawsuit, Free Press notes, is similar to the one involving technical employees that IBM Corp. settled for $65 million in 2006. DELTA AIR: $4.5M Deal in Ga. ERISA Suit Awaits Court Approval ------------------------------------------------------------- A $4.5 million settlement of class claims in the matter "Smith v. Delta Air Lines, Inc., et al., Case No. 1:04-cv-02592-ODE," remains subject to the completion of definitive documentation and Bankruptcy Court approval. On March 16, 2005, a retired Delta employee filed an amended class-action complaint in the U.S. District Court for the Northern District of Georgia against Delta, certain current and former Delta officers, and certain current and former Delta directors on behalf of himself and other participants in the Delta Family-Care Savings Plan. The amended complaint alleges that the defendants were fiduciaries of the Savings Plan and, as such, breached their fiduciary duties under ERISA to the plaintiff class by: -- allowing class members to direct their contributions under the Savings Plan to a fund invested in Delta common stock; and -- continuing to hold Deltas contributions to the Savings Plan in Deltas common and preferred stock. The amended complaint seeks damages unspecified in amount, but equal to the total loss of value in the participants accounts from September 2000 through September 2004 from the investment in Delta stock. Defendants deny that there was any breach of fiduciary duty, and have moved to dismiss the complaint. The District Court stayed the action against Delta due to the bankruptcy filing and granted the motion to dismiss filed by the individual defendants. The plaintiffs appealed to the U.S. Court of Appeals for the Eleventh Circuit the District Courts decision to dismiss the complaint against the individual defendants but voluntarily dismissed this appeal, pending resolution of the automatic stay of their claim against Delta. The parties have reached an agreement in principle to resolve this matter on a class-wide basis under which the plaintiffs would receive a $4.5 million general, unsecured pre-petition claim in Deltas Chapter 11 proceedings. The settlement is subject to the completion of definitive documentation and Bankruptcy Court approval. The company reported no development in the matter in its Feb. 15, 2008 form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Dec. 31, 2007. The suit is "Smith v. Delta Air Lines, Inc., et al., Case No. 1:04-cv-02592-ODE," filed in the U.S. District Court for the Northern District of Georgia under Judge Orinda D. Evans. Representing the plaintiffs are: Evan J. Smith, Esq. Brodsky & Smith, LLC Suite 602, 333 East City Avenue Bala Cynwyd, PA 19004 Phone: 610-667-6200 e-mail: esmith@brodsky-smith.com Gerald D. Wells, Esq. Schiffrin & Barroway 280 King of Prussia Road Radnor, PA 19087 Phone: 610-676-7706 Fax: 610-667-7056 e-mail: gwells@sbclasslaw.com - and - Michael Ira Fistel, Jr., Esq. Holzer & Holzer, LLC 1117 Perimeter Center West, Suite E-107 Atlanta, GA 30338 Phone: 770-392-0090 e-mail: mfistel@holzerlaw.com Representing the company is: William Henry Boice, Esq. Kilpatrick Stockton 1100 Peachtree Street, Suite 2800 Atlanta, GA 30309-4530 Phone: 404-815-6464 e-mail: bboice@kilpatrickstockton.com GOLD'N PLUMP: Reaches $1.2MM Settlement in Minn. Wage Lawsuit ------------------------------------------------------------- Gold'n Plump Poultry Inc. has reached a $1.2-million settlement in a class action suit filed by the poultry producer's employees who are requesting additional pay for certain tasks, including getting dressed for work, the Associated Press reports. Filed on February 24, the suit claims that current and former Gold'n Plump workers are owed overtime pay for the practice of "donning and doffing." According to Zimmerman Reed, a law firm representing Gold'n Plump employees, "donning and doffing" is the act of putting on and taking off the clothing and protective gear required during the workday. Additionally, the attorneys also claim that employees are owed overtime pay for time spent sanitizing those items, as well as for preparing and sanitizing equipment required for use during a shift. However, according to the certification order filed with the U.S. District Court, St. Cloud, Minnesota-based Gold'n Plump argued that each employee's pay standards and time spent "donning and doffing" may differ depending on variables such as that employee's supervisor, position, shift, department or place of work. Judge Ericksen certified the action under the Fair Labor Standards Act (Class Action Reporter, Sept. 19, 2005). Employees who may qualify for a potential settlement include current and former production, maintenance and sanitation workers at plants located in Luverne, Minnesota; Cold Spring, Minnesota; and Arcadia, Wisconsin. The recent settlement agreement allows workers to be on the clock while dressing and undressing, but Gold'n Plump gets to set time limits. The settlement will be divided among as many as 3,000 workers at Luverne and Cold Spring, Minnesota, or Arcadia, Wisconsin. Eligible workers get 55 minutes of pay for every eligible week they worked between February 2001 and December 2007. Attorneys say the settlement reached still needs final approval. To contact Zimmerman Reed: Zimmerman Reed 651 Nicollet Mall, Suite 501 Minneapolis, MN 55402 Phone: (612) 341-0400 (800) 755-0098 (Toll Free) Fax: (612) 341-0844 HONEYWELL INT'L: Ariz. Court Gives Final Approval to $35M Deal -------------------------------------------------------------- The U.S. District Court for the District of Arizona gave final approval to the proposed $35 million settlement in the class action, "Allen, et al. v. Honeywell Retirement Earnings Plan, Case No. 2:04-cv-00424-ROS," which was filed by members of Honeywell International, Inc.'s retirement earnings plan, according to Alcoa, Inc.'s Feb. 15, 2008 form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Dec. 31, 2007. The plaintiffs in the suit seek unspecified damages relating to allegations that, among other things, Honeywell impermissibly reduced the pension benefits of employees of Garrett Corp., a predecessor entity, when the plan was amended in 1983 and failed to calculate certain benefits in accordance with the terms of the plan. In the third quarter of 2005, the U.S. District Court for the District of Arizona ruled in favor of the plaintiffs on these claims and in favor of the Honeywell on virtually all other claims. The company said it strongly disagrees with, and intends to appeal, the court's adverse ruling. In September 2006, the court certified a class. During the third quarter of 2007, the company agreed to a settlement in principle with the plaintiffs in this class action. Under the terms of the settlement in principle, 18 of the 21 claims alleged by plaintiffs would be dismissed with prejudice in exchange for approximately $35 million, and the maximum aggregate liability for the remaining three claims would be capped at $500 million. Under the terms of the settlement, 18 of the 21 claims alleged by plaintiffs would be dismissed with prejudice in exchange for approximately $35 million, and the maximum aggregate liability for the remaining three claims would be capped at $500 million. The definitive settlement agreement received final approval from the U.S. District Court for the District of Arizona in February 2008, according to Alcoa, Inc.'s Feb. 15, 2008 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Dec. 31, 2007. The suit is "Allen, et al. v. Honeywell Retirement Earnings Plan, Case No. 2:04-cv-00424-ROS," filed with the U.S. District Court for the District of Arizona, Judge Roslyn O. Silver presiding. Representing the plaintiffs are: Daniel Lee Bonnett, Esq. Jennifer Lynn Kroll, Esq. Martin & Bonnett, PLLC 3300 N. Central Ave., Ste. 1720 Phoenix, AZ 85012 Phone: 602-240-6900 Fax: 602-240-2345 e-mail: dbonnett@martinbonnett.com jkroll@martinbonnett.com Representing the defendants are: Michael L. Banks, Esq. Amy Covert, Esq. Morgan Lewis & Bockius, LLP 1701 Market St. Philadelphia, PA 19103-2721 Phone: 215-963-5387 and 215-963-4749 Fax: 215-963-5001 e-mail: mbanks@morganlewis.com acovert@morganlewis.com - and - Dawn L. Dauphine, Esq. Osborn Maledon, PA P.O. Box 36379 Phoenix, AZ 85067-6379 Phone: 602-640-9000 Fax: 602-640-6075 e-mail: ddauphine@omlaw.com KANSAS CITY: Still Faces Several Fuel Surcharges Antitrust Suits ---------------------------------------------------------------- The Kansas City Southern Railway Co. (KCSR), a subsidiary of the Kansas City Southern, along with other major U.S. railroads, continues to face a number of putative class actions alleging that the individual railroads conspired in violation of U.S. antitrust laws. As of Dec. 31, 2007, KCSR has been included along with several other major U.S. railroads in 28 putative class actions alleging that the individual railroads conspired to fix fuel surcharges in violation of U.S. antitrust laws, according to the company's Feb. 15, 2008 form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Dec. 31, 2007. Kansas City Southern -- http://www.kcsouthern.com/-- is a holding company with principal operations in rail transportation. LOG DEN: Trying to Resolve Problem, Plaintiffs' Lawyer Says ----------------------------------------------------------- As reported in the Class Action Reporter on July 25, 2007, nine people filed a class action with Door County, Wisconsin Circuit Court seeking compensation for ailments caused by eating and drinking at the Log Den Restaurant, in Egg Harbor. At least 225 people became ill after consuming food or drink prepared and sold at the Log Den during the period beginning May 1, 2007, the lawsuit stated. Serving food and beverages that caused ailments were a breach of "the implied warranty" of the business that those items were "reasonably fit for human consumption," the lawsuit stated. "Restaurants are not supposed to serve food and drink that cause people injury," said Brett Reetz, Esq., of Reetz Law Office in Sturgeon Bay, one of three lawyers who brought the suit. Water tests confirmed that the water in a well just outside the restaurant had become contaminated with fecal matter containing high levels of norovirus, which causes vomiting, diarrhea, and fatigue. About 30 people joined the class action as unnamed parties, Mr. Reetz told Greenbay Press Gazette in an update. Mr. Reetz said that "a large percentage of the cases have been resolved" and that the Lautenbachs, who own the Log Den, "have done a fine job." Mr. Reetz added that the owners recognized people were affected and "have done the right thing through their attorneys and insurance carriers." Mr. Reetz further said that a framework has been established "to fundamentally resolve all claims." Homeowners Want Wastewater Flow Stopped A group of frustrated homeowners asked the Door County Board of Health Committee to stop the wastewater from flowing into the groundwater from the private septic system at the Log Den, Press Gazette relates. According to Press Gazette, the Log Den system was deemed failing by the Door County Sanitarian's Office in late December 2007 for releasing wastewater into the groundwater. The office issued an order to the Log Den owners requiring them to repair or replace the system by June 30, 2008. However, Press Gazette says, the homeowners who live in the area surrounding the Log Den said that they were not satisfied with the remedy ordered by the Sanitarian's Office. "That's totally unacceptable to allow a public health-care problem to go unattended" for six months, Al Goeppinger, who lives with his wife, Lynn, east of the restaurant on Door County G in Egg Harbor. "The longer this goes unabated, it's only going to get worse," Mr. Goeppinger added. Representing plaintiffs are: Brett E. Reetz, Esq. Reetz Law Office 4158 Main St Fish Creek, WI 54212 Phone: (920) 868-2867 Fax: (920) 868-3196 - and - Shane Laughton Brabazon Brabazon Law Offices, LLC P.O. Box 11213 221 Packerland Drive Green Bay, WI 54307-1213 Phone: (920) 494-1106 or (800) 596-0691 (Toll Free) Fax: (920) 494-0501 Web site: http://www.brabazonlawoffice.com e-mail: brabazonlaw@msn.com NATIONAL CITY: Reaches Settlement in Ill. Loan Originator's Suit ---------------------------------------------------------------- National City Mortgage, Inc., reached a settlement for a purported class action filed in Illinois, which is alleging that the company violated the Fair Labor Standards Act of 1938. On Dec. 19, 2005, a class action suit was filed against National City Mortgage Co. with the U.S. District Court for the Southern District of Illinois. The suit was filed by Derrick Perry, a loan originator for and National City Mortgage. He is alleging that the company failed to pay him overtime in violation of the FLSA (Class Action Reporter, Dec. 30, 2005). Mr. Perry claims that during the past three years he regularly worked far in excess of 40 hours per week, including regularly scheduled hours on weekends but was only paid by commission. He claims that loan originators are eligible for repayable draws of up to $2,000 per month in case their commissions did not equal that amount in any given month, but were not compensated for any substantial overtime hours worked. In addition, Mr. Perry also asserts that loan originators are not required to record their time worked, and that National City failed to maintain accurate time records as required by the FLSA. In essence, the the suit alleges that the defendants willfully violated the FLSA by failing to pay overtime and further claims that he and other employees are victims of a uniform and company-wide compensation policy that is in violation of the FLSA. It further alleges that National City Mortgage loan originators were improperly designated as exempt employees and seeks monetary damages. On June 21, 2007, the court conditionally certified an opt-in class of loan originators. On Nov. 6, 2007, a settlement in principle was reached to resolve all wage and hour claims of the loan originators employed during the class period that opt-in to the settlement class. This settlement is subject to court approval, according to the company's Feb. 13, 2008 form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Dec. 31, 2007. The suit is "Perry v. National City Mortgage, Inc., Case No. 3:05-cv-00891-DRH-PMF," filed with the U.S. District Court for the Southern District of Illinois, Judge David R. Herndon presiding. Representing the plaintiff is: George A. Hanson, Esq. Stueve, Siegel et al. 460 Nichols Road, Suite 200 Kansas City, MO 64112 Phone: 816-714-7112 Fax: 816-714-7101 e-mail: hanson@stuevesiegel.com - and - Michael B. Marker, Esq. Rex Carr Law Firm 412 Missouri Avenue East St. Louis, IL 62201-3016 Phone: 618-274-0434 Fax: 618-274-8369 e-mail: mmarker@rexcarr.com Representing the defendants is: Matthew W. Lampe, Esq. Jones Day 325 John H. McConnell Boulevard, Suite 600 Columbus, OH 43215 Phone: 614-469-3939 e-mail: mwlampe@jonesday.com NATIONAL CITY: Faces Suits in Ohio Alleging Violations of ERISA --------------------------------------------------------------- National City Corp. faces two purported class actions that were filed with the U.S. District Court for the Northern District of Ohio, alleging violations of the Employee Retirement Income Security Act. On Jan. 10, and Jan. 17, 2008, two putative class action lawsuits were filed against National City Corp., the Administrative Committee for the National City Savings and Investment Plan, and certain current and former officers and directors of the Corporation. The complaints allege violations under of the ERISA relating to the corporation's stock being offered as an investment alternative for participants in the Plan. They are seeking unspecified money damages and equitable relief, according to the company's Feb. 13, 2008 form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Dec. 31, 2007. National City Corp. -- https://www.nationalcity.com -- is a financial holding company. The Company's core businesses include commercial and retail banking, mortgage financing and servicing, consumer finance and asset management. NATIONAL CITY: N.Y. Judge Recommends Dismissal of Certain Claims ---------------------------------------------------------------- The Magistrate Judge of the U.S. District Court for the Eastern District of New York recommended the dismissal of pre-2004 claims in the matter, "In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL-1720, Case No. 1:05- md-01720- JG-JO," which names National City Corp., as a defendant. Beginning on June 22, 2005, a series of antitrust class action lawsuits were filed against Visa, MasterCard, and several major financial institutions, including eight cases naming the company and its subsidiary, National City Bank of Kentucky, since merged into National City Bank. The suits were in relation to "interchange fees" (Class Action Reporter, Feb. 2, 2007). The plaintiffs, merchants operating commercial businesses throughout the U.S. and trade associations, claim that the interchange fees charged by card-issuing banks are unreasonable and seek injunctive relief and unspecified damages. The cases have been consolidated for pretrial proceedings in the U.S. District Court for the Eastern District of New York under the caption, "In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL-1720, Case No. 1:05-md-01720- JG-JO." On July 1, 2007, the company, and National City Bank entered into a Judgment Sharing Agreement with respect to this litigation. On Sept. 7, 2007, the Magistrate Judge recommended to the District Court that all claims that predate Jan. 1, 2004 should be dismissed, according to the company's Feb. 13, 2008 Form 10-K filing with the U.S. Securities and Exchange Commission for the fiscal year ended Dec. 31, 2007. The suit is "In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL-1720, Case No. 1:05-md-01720- JG-JO," filed in the U.S. District Court for the Eastern District of New York, Judge John Gleeson presiding. Representing some of the plaintiffs are: Darla Jo Boggs, Esq. Lockridge Grindal Nauen, P.L.L.P. 100 Washington Avenue South, Suite 2200 Minneapolis, MN 55401 Phone: 612-339-6900 Fax: 612-339-0981, e-mail: djboggs@locklaw.com Christopher M. Burke, Esq. Lerach Coughlin Stoia Geller Rudman & Robbins 655 W. Broadway, Suite 1900 San Diego, CA 92101 Phone: 619-231-1058 Fax: 619-231-7423 e-mail: chrisb@lerachlaw.com - and - Jason S. Cowart, Esq. Pomerantz Haudek Block Grossman & Gross, LLP 100 Park Avenue, 26th Floor New York, NY 10017 Phone: 212-661-1100 Fax: 212-661-8665 e-mail: jasoncowart@yahoo.com Representing the defendants is: John M. Majoras, Esq. Jones Day 51 Louisiana Ave., NW Washington, DC 20001 Phone: 202-879-3939 Fax: 202-626-1700 e-mail: jpcooney@jonesday.com NEW ENGLAND: Faces Lawsuit in La. Over "Fraudulent Videotaping" --------------------------------------------------------------- The New England Patriots face a purported class action, which is claiming that their "fraudulent videotaping" of the St. Louis Rams' walk-through prior to Super Bowl XXXVI 2002 Super Bowl should cost the team damages in excess of $100 million, ESPN.COM reports. The suit was filed with the U.S. District Court for the Eastern District of Louisiana on Feb. 15, 2008. Specifically named as defendants in the matter are: -- The New England Patriots; -- New England Patriots Limited Partnership; and -- Coach Bill Belichick. It was brought behalf of Willie Gary, identified as a Rams employee and football player, Kevin Hacker, Marcus Miller, and Peter Trout. The plaintiffs are claiming that that the Patriots fraudulently gained an unfair advantage by taping a Rams walk-through practice the day before the teams played in the Super Bowl XXXVI. They are asking for refunds on behalf of everyone who paid to attend Super Bowl XXXVI in New Orleans. The suit is claiming that the Patriots were engaged in fraud, racketeering, breach of contract, and were in violation of Louisiana's unfair trade practices, and consumer protection act. ESPN.COM reports that the suit is seeking restitution for three classes: Rams players, coaches, staff and employees of the team that met New England in the Super Bowl in 2002, all 72,922 fans who attended the game, and owners of St. Louis Rams seat licenses for the 2001 and 2002 seasons. In addition, ESPN.COM learned that the suit asking for $35 million in damages, which would be tripled under a federal racketeering act dating back to the 1970s, plus punitive damages, and attorney fees. The allegations stem from reports that the Patriots, in addition to videotaping their 2007 season opener against the Jets for which they were fined and penalized a first round pick, had been illegally videotaping walk-throughs and defensive signals back for seven seasons, according to the ESPN.COM report. In September 2007, both Mr. Belichick, and the Patriots were penalized by the N.F.L. for the alleged pattern of videotaping opposing sidelines, a violation of league rules. Commissioner Roger Goodell then had all pertinent material destroyed, which has drawn concern from Senator Arlen Specter of Pennsylvania. The suit is "Gary et al v. New England Patriots et al., Case No. 2:08-cv-01002-ILRL-JCW," filed with the U.S. District Court for the Eastern District of Louisiana, Judge Ivan L. R. Lemelle presiding. Representing the plaintiffs is: John Leslie Young, Esq. Law Office of John L. Young 915 St. Louis Street New Orleans, LA 70112 Phone: 504-581-2200 e-mail: jlylaw@aol.com NUTRI-FOODS: Recalls Sesame Seeds Posing Possible Health Risks -------------------------------------------------------------- Nutri-Foods, Inc. of Royal Oak, Michigan, is recalling its .50 pound packages of "Organic Sesame Seeds Natural - Unhulled" due to possible salmonella contamination, an organism, which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting, and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illness such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis. The recalled "Organic Sesame Seeds Natural - Unhulled" were sold at Nutri-Foods. The product comes in a .50 pound clear plastic package with a product SKU #170 at the top and a "packed on" date of Dec. 28. This product was sold from circa Dec. 15, 2007, through Jan. 28, 2008. No illnesses have been reported to date in connection with this problem. Production of the product has been suspended while the FDA and manufacturer of the product continue their investigation. Consumers who have purchased the .50 pound package are urged to return them to Nutri-Foods for a full refund. Consumers with questions may call Nutri-Foods at (248) 541-6820 and ask for John B. or Judy. PHILIPPINES: Defense Chief Wants Illegal Arrest Suit Dismissed -------------------------------------------------------------- Defense Secretary Gilberto Teodoro Jr. has asked the Makati Regional Trial Court Branch 56 to dismiss the Php10-million class action suit by media practitioners against: -- Interior Secretary Ronaldo Puno, -- Justice Secretary Raul Gonzalez, -- Defense Secretary Gilberto Teodoro Jr. -- Philippine National Police director Avelino Razon, -- National Capital Region Police Office chief Geary Barias, -- Southern Police District director Luizo Ticman, -- PNP-Special Action Force commander C/Supt. Leocadio Santiago, and -- PNP-Criminal Investigation and Detection Group-National Capital Region Director S/Supt Asher Dolina for arresting journalists covering a mutiny attempt at The Peninsula Manila Hotel in Makati City last year, The Manila Standard reports. The report recalls that on Nov. 29, 2007, members of the media were arrested by police authorities after the standoff at the Manila Peninsula Hotel. About 50 journalists were nabbed and released later (Class Action Reporter, Jan. 31, 2008). Authorities said the arrest was done to separate and identify legitimate media practitioners from members of the mutineers who they alleged were posing as media identity to escape authorities. Mr. Teodoro is among the top police and Cabinet officials who were sued by the journalists for threatening their right to freedom of speech, and have asked the court to compensate them for their supposed illegal arrests during the hotel siege. In a nine-page dismissal motion, Mr. Teodoro said the lawsuit and the petition for a writ of preliminary injunction against the government lacked merit. Mr. Teodoro said he was merely exercising his freedom of speech when he was quoted in the newspapers, expressing his support for the crackdown on reporters, who chose to stay behind as police commandos stormed the Peninsula and nabbed several members of the rebel Magdalo group. According to Mr. Teodoro's counsel, Alberto Valenzuela, the complaint which seeks to hold Mr. Teodoro liable for his exercise of a constitutionally guaranteed right to freedom of expression and to enjoin him from the future exercise of that right, does not state a cause of action against the defense secretary. The complaint does not allege, and it may thus be assumed, that Mr. Teodoro did not direct, order or in any manner participate in the alleged arrest of media practitioners during the Manila Peninsula standoff nor did the complaint allege that the arrests were carried out by elements of the Armed Forces of the Philippines, Mr. Teodoro's motion stated. PRESSTEK INC: N.H. Court Denies Dismissal Bid v. Securities Suit ---------------------------------------------------------------- The U.S. District Court for the District of New Hampshire rejected a motion to dismiss a purported securities fraud class action filed against Presstek, Inc. In October 2006, the Company and two of its former executive officers were named as defendants in a purported securities class action filed with the U.S. District Court for the District of New Hampshire. The suit claims to be brought on behalf of purchasers of the Company's common stock during the period from July 27, 2006 through Sept. 29, 2006. The complaint alleges, among other things, that the Company and the other defendants violated Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated thereunder. The Company and the individual defendants filed a motion to dismiss the complaint, and this motion has been denied, according to the company's Feb. 15, 2008 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Sept. 29, 2007. The suit is "Sloman v. Presstek, Inc. et al., Case No. 1:06-cv- 00377-JD," filed in the U.S. District Court for the District of New Hampshire, Judge Joseph A. DiClerico, Jr. presiding. Representing plaintiffs are: Theodore M. Hess-Mahan, Esq. Thomas G. Shapiro, Esq. Shapiro Haber & Urmy 53 State St., Boston, MA 02109 Phone: 617 439-3939 Fax: 617-439-0134 e-mail: ted@shulaw.com tshapiro@shulaw.com - and - Mark L. Mallory, Esq. Mallory & Friedman PLLC 8 Green St., Concord, NH 03301 Phone: 603-228-2277 e-mail: mark@malloryandfriedman.com Representing defendants is: Robert E. McDaniel, Esq. McDaniel Law Offices 755 North Main St. Laconia, NH 03246 Phone: 603-527-0520 Fax: 603-279-0540 e-mail: remcdanielesq@aol.com SHERWOOD BRANDS: Recalls Cards Containing Metal Fragments --------------------------------------------------------- Sherwood Brands LLC is voluntarily recalling approximately 400,000 packages of Pokemon branded "Valentine Cards and Pops" (Item# 073964209109 and Item# 073964289804), because of reports that metal fragments were found in two lollipops purchased in Florida. There are no reports of injury. People who bite into or swallow a metal fragment could possibly be injured. The products being recalled are packages of ten and thirty Pokemon branded Valentine cards and lollipops featuring a variety of characters. Sherwood Brands is advising its distribution network to remove the Pokemon branded Valentine cards and lollipops from the shelves immediately. The product was sold at retailers nationwide. "Our utmost concern is the safety of our customers. We took immediate action upon learning of this incident and Sherwood is working with the FDA to recall the products," said Amir Frydman, president of Sherwood Brands. "Pokemon is committed to consumer safety and we're working closely with our licensee, Sherwood Brands, to investigate this matter completely," said J.C. Smith, Pokemon USA's director of marketing. Consumers who have purchased the above products are advised not to consume them and to return them to Sherwood Brands for a full refund. Send affected products to: Sherwood Brands LLC Attn: Product Recall 350 Shaw Drive, Keysville, VA 23947 STRAUSS GROUP: To Sell Cheaper Wafers in Settlement of Lawsuit -------------------------------------------------------------- Strauss Group Ltd. has reached a settlement with prosecutor Dror Sher in a class action lawsuit over a reduction in packaging size of food products without a comparable reduction in price, Globes Online reports. According to the report, under the settlement, Strauss Group will, for one year, sell a special double package of Elite brand wafers -- one in chocolate truffles flavor and the other in cheesecake flavor. The settlement is awaiting the approval of the Tel Aviv District Court. Globes Online recalls that the ILS52-million class-action lawsuit claimed that Strauss reduced the weight of almond-sour cream flavored and halva-flavored wafers from 500 grams to 400 grams without reducing the price or without notifying consumers. The company defends that it had never produced almond-sour cream flavored wafers in a 500-gram package and that the weight of the package size is clearly marked on the front to avoid misleading consumers. Under the settlement, Globes Online says, the lawsuit will only be recognized as a class-action lawsuit for almond-sour cream flavored wafers. Moreover, the settlement provides that Strauss will market 70,483 packages at a reduced price. The settlement also stipulates that if Strauss is unable to sell all the packages during the period of the sale campaign, it will extend the campaign until all the packages are sold. About Strauss Group Headquartered in Israel, Strauss Group's principal activities are the manufacturing, marketing and distribution of a broad range of food products, including yogurts, dairy desserts, soft cheeses, confectionery, coffee, chocolate, salads, freshly squeezed juices, baked goods, salty snacks, olive oil, honey, cereal-based products and soy desserts. Strauss Group employs approximately 10,106 people, manufactures hundreds of products and operates in five continents. Contact: 84 Arlozorov Street 52100 Ramat Gan Israel Phone : ?+972 3 6752111 ?+972 3 6752338 Fax : ?+972 3 6752279 Web site: http://www.straussgroup.co.il/ TRANSCOR AMERICA: Faces CA Suit Over Transportation of Detainees ---------------------------------------------------------------- Transcor America, LLC, is facing a class-action complaint filed on Feb. 14, 2008, with the U.S. District Court for the Northern District of California alleging that the company transports pretrial detainees with excessive force in conditions that are unconstitutionally cruel and degrading, CourtHouse News Service reports. The action is for declaratory and injunctive relief, damages, and punitive damages for violations of the plaintiff's constitutional rights and those of other similarly situated. Named plaintiff Kevin M. Schilling alleges that Transcor's official policy, practice, or custom of transporting pretrial detainees and prisoners in conditions that amount to cruel and unusual punishment violated and violates his rights and those of persons similarly situated, secured by the Fourth, Eight, and Fourteenth Amendments to the U.S. Constitution and entitles plaintiff, and each of those similarly situated, to recover damages and attorneys' fees under the Federal Civil Rights Act (42 USC Sections 1983, 1988). Mr. Schilling brings the action on behalf of all pretrial detainees and prisoners who were transported by Transcor, its agents and employees, and forced to remain in the transport van for more than 24 hours, from two years preceding the filing of the complaint to the date the matter is resolved. Thus, the plaintiff wants the court to rule on: (a) whether defendants have a policy, practice, or custom of transporting pretrial detainees and prisoners in small metal cages, wearing handcuffs, shackles and wrist restraints, for more than 24 hours at a time; (b) whether defendants have a policy, practice or custom of providing pretrial detainees and prisoners with inadequate food; (c) whether defendants have a policy, practice or custom of providing pretrial detainees and prisoners with inadequate fluids; (d) whether defendants have a policy, practice or custom of providing pretrial detainees and prisoners with inadequate hygiene; (e) whether defendants have a policy, practice or custom of providing pretrial detainees and prisoners with inadequate exercise; and (f) whether defendants have a policy, practice or custom of providing pretrial detainees and prisoners with inadequate medical care. The plaintiff asks the Court to enter a judgment: -- for declaratory and injunctive relief declaring illegal and enjoining, preliminary and permanently, defendants' policy, practice, or custom of transporting pretrial detainees and prisoners under the conditions described; -- certifying the action as a class action; -- for compensatory, general, and special damages for each representative and for each member of the class of plaintiffs, as against all defendants; -- for exemplary damages as against each of the individual defendants in an amount sufficient to deter and to make an example of those defendants; -- for attorneys' fees and costs under 42 USC Section 1988, and California Civil Code Section 52 et seq.; and -- awarding the cost of the suit and such other relief as the court finds just and proper. The suit is "Kevin M. Schilling et al v. Transcor America LLC, et al., Case No: CV 08 941 JL," filed with the U.S. District Court for the Northern District of California. Representing the plaintiffs are: Mark E. Merin, Esq. (mark@markmerin.com) Joshua Kaizuka, Esq. (joshua@markmerin.com) Law Offices of Mark E. Merin 2001 P. Street, Suite 100 Sacramento, California 95814 Phone: (916) 443-6911 Fax: (916) 447-8336 Andrew C. Schwartz, Esq. Casper, Meadows, Schwartz & Cook A Professional corporation California Plaza 2121 North California Blvd., Suite 1020 Walnut Creek, California 94596 Phone: (925) 947-1147 Fax: (925) 947-1131 Web site: http://www.cmslaw.com - and - Karen L. Snell, Esq. (ksnell@clarencedyer.com) 102 Buena Vista Terrace San Francisco, CA 947117 Phone: (415) 225-7592 Fax: (415) 487-0748 TULLY'S COFFEE: Faces Suit in Calif. Over Meals, Rest Periods ------------------------------------------------------------- Tully's Coffee Corp. faces a purported class action filed with a California State Court, alleging that the company failed to provide meal and rest periods for its employees. The suit was filed in December 2007 by a former store employee who is seeking class action certification of the suit. The plaintiff is seeking to include all hourly employees in Tully's California stores as members of the proposed class. In general, the suit is seeking damages, restitution, injunctive relief, and attorneys' fees and costs, according to the company's Feb. 13, 2008 form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended Dec. 30, 2007. Tully's Coffee Corp. -- http://www.tullys.com/-- is a specialty retailer in the fast-casual categories of specialty coffee, snacks and non-alcoholic beverages, within the quick-service restaurant industry. WACHOVIA BANK: Accused of Defrauding Customers in Ga. Lawsuit ------------------------------------------------------------- Wachovia Bank, N.A. is facing a class-action complaint filed with the Superior Court of Fulton County, Georgia, accusing it of defrauding its checking account holders by running up overdraft fees through "a non-chronological, largest-to-smallest system to order the posting of debits to customer accounts," CourtHouse News Service reports. Named plaintiffs Casey and Emily White bring the action on behalf of all persons that suffered injuries as a result of the defendant's "unfair, deceptive and wrongful business practice." "Wachovia routinely enforces a policy whereby charges incurred are posted to consumers' accounts in order of largest to smallest amounts, even when larger charges are received days after smaller charges . . . in order to increase the number and amount of services fees it may impose upon consumers' accounts that are consequently overdrawn as a result of this practice," the complaint states. The Whites request the court: -- for certification of the matter as a class action lawsuit to proceed on behalf of the class of all Currently Unnamed plaintiffs as defined after suitable discovery has been completed; -- for injunctive relief as set forth; -- for restitution; -- for an award of such damages as are authorized by law; -- for a trebling of any such award based upon defendant unfair business practices; -- for an award of all reasonable costs and attorneys' fees incurred by plaintiffs; -- for trial by jury of all matters; and -- for such other and further relief as the court may deem just and equitable. The suit is "Casey White et al. v. Wachovia Bank, N.A., File NO. 2008CV146472," filed in the Superior Court of Fulton County, Georgia. Representing the plaintiffs are: E. Adam Webb, Esq. G. Franklin Lemond, Jr., Esq. William Stone, Esq. Webb, Klase & Lemond, LLC 1900 The Exchange, S.E. Suite 480 Phone: (770) 444-0773 Fax: (770) 444-0271 e-mail: contact@webbllc.com WAYNE STATE: Faces Mich. Lawsuit Over Unreturned Students' Fees --------------------------------------------------------------- Wayne State University faces a purported class action in a Michigan court, which claims that the university defrauded students out of $5.3 million and demanding repayment, Marisa Schultz of The Detroit News reports. The suit was filed by law student Jason Moss. It centers on a fee Wayne State collected in the fall, in anticipation of a state funding shortfall. The fee -- $13-per-credit for undergraduates and $29-per-credit for graduate students -- was designed to safeguard the university in case it didn't receive money it was promised from the state. The state pulled through with the appropriations, however, Wayne State didn't refund the money it collected from students, according to The Detroit News. Gregory D. Hanley, Esq., who is representing Mr. Moss said that he and his client want the refunds back. He pointed out that WSU is legally required to pay them. For more details, contact: Gregory D. Hanley, Esq. Kickham Hanley P.C. 300 Balmoral Centre 32121 Woodward Avenue Royal Oak, Michigan 48073 Phone: (248)414-9900 Fax: (248)414-9906 e-mail: ghanley@kickhamhanley.com Web site: http://www.kickhamhanley.com New Securities Fraud Cases MUNICIPAL MORTGAGE: Finkelstein Thompson Files Securities Suit -------------------------------------------------------------- Finkelstein Thompson LLP has filed a class action lawsuit with the United States District Court for the District of Maryland on behalf of purchasers of Municipal Mortgage & Equity LLC (NYSE:MMA) common stock during the period between May 3, 2004, and January 29, 2008. MuniMae provides debt and equity financing to developers of multifamily and commercial properties in the United States. The complaint alleges that the Company, and certain of its officers and directors, concealed and misrepresented material adverse facts pertaining to MuniMae's business prospects, financial condition and financial performance. Specifically, the complaint alleges that during the Class Period the Company and the other defendants misled investors concerning the adequacy of the Company's internal controls and the value and performance of its tax-exempt bond portfolio. On January 29, 2008, following the close of trading, MuniMae disclosed for the first time that the Company was performing well below expectations and further expected to restate its financial results spanning back to 2004, thereby admitting that its prior reported financial results had been materially misleading. Following this announcement, the Company's share price plunged over 47% in after-hours trading. The following day, January 30, MuniMae's share price fell an additional 30%. The plaintiff seeks to recover damages on behalf of all purchasers of MuniMae common stock during the Class Period. Interested parties may move the court no later than March 31, 2008 for lead plaintiff appointment. For more information, contact: Donald J. Enright, Esq. (denright@finkelsteinthompson.com) Elizabeth K. Tripodi, Esq. (etripodi@finkelsteinthompson.com) Finkelstein Thompson LLP The Duvall Foundry 1050 30th Street, N.W. Washington, DC 20007 Phone: 877-337-1050 MUNICIPAL MORTGAGE: Spector Roseman Files Securities Fraud Suit --------------------------------------------------------------- The law firm of Spector, Roseman & Kodroff, P.C., announced that a securities class action lawsuit was commenced with the United States District Court for the District of Maryland, on behalf of all purchasers of Municipal Mortgage & Equity, LLC (Other OTC:MMAB.PK) between May 3, 2004, through January 29, 2008, inclusive. The complaint alleges that MuniMae and a number of its senior officers and directors violated the federal securities laws by disseminating a series of false and misleading statements about MuniMae's revenues, earnings and financial condition. The Complaint alleges, among other things, that MuniMae overstated its financial results as a result of its failure to: (a) consolidate on the Company's balance sheet hundreds of variable interest entities, as required by applicable accounting rules; and (b) timely write-down the fair value of impaired assets. The Complaint further alleges that MuniMae falsely reported strong performance and earnings growth when, to the contrary, the Company was performing poorly and would be required to cut its dividend. On Jan. 28, 2008, MuniMae issued a press release announcing that it was cutting its quarterly dividend by 37%, from $0.5250 to $0.33 per share. MuniMae also revealed that it would not complete its previously announced restatement of financial results by the March 3, 2008 deadline imposed by New York Stock Exchange, and that its stock would be delisted by the Exchange. On this announcement, the price of MuniMae stock dropped from $17.20 per share to close at $9.19 per share on January 29, 2008, representing a 47% single-day decline. Finally, on January 29, 2008, MuniMae provided additional details regarding its restatement, including the fact that the it was required to consolidate on its balance sheet approximately 200 variable interest entities in which it holds minority interests, and it would be writing-down the fair value of certain assets held-for-sale including loans, bonds, derivatives, guarantee obligations, and mortgage servicing rights. On this disclosure, the price of MuniMae stock dropped an additional 22%, to close at $7.13 per share on Jan. 30, 2008. For more information, contact: Robert M. Roseman, Esq. Spector, Roseman & Kodroff, P.C. 1818 Market Street, Suite 2500 Philadelphia, PA 19103 Phone: 888-844-5862 e-mail: classaction@srk-law.com Web site: http://www.srk-law.com ORION ENERGY: Spector Roseman Files Securities Fraud Suit in NY --------------------------------------------------------------- The law firm of Spector, Roseman & Kodroff, P.C., announced that a class action lawsuit has been commenced with the United States District Court for the Southern District of New York, on behalf of all persons who purchased or acquired the common shares of Orion Energy Systems, Inc. (NasdaqGM:OESX) in the Company's Initial Public Offering on December 18, 2007 or in the open market from December 18, 2007, through February 6, 2008, inclusive. The Complaint alleges that during the Class Period the Company, and certain of its officers and directors, and the underwriters who sponsored the IPO, violated the federal securities laws by issuing a Registration Statement and Prospectus in connection with the IPO which was materially false or misleading due to omissions. Interested parties may move the court no later than April 11, 2008, for lead plaintiff appointment. For more information, contact: Robert M. Roseman, Esq. Spector, Roseman & Kodroff, P.C. 1818 Market Street, Suite 2500 Philadelphia, PA 19103 Phone: 888-844-5862 e-mail: classaction@srk-law.com Web site: http://www.srk-law.co ********* 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., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Glenn Ruel Senorin, Janice Mendoza, Freya Natasha Dy, and Peter Chapman, Editors. Copyright 2008. 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 * * *