/raid1/www/Hosts/bankrupt/CAR_Public/090703.mbx
C L A S S A C T I O N R E P O R T E R
Friday, July 3, 2009, Vol. 11, No. 130
Headlines
ANHEUSER-BUSCH CO: Faces ERISA Suit in Fla. Over QDIA Selection
BANK OF AMERICA: Funds Appointed Lead Plaintiffs in "Sklar" Case
BLUE SQUARE: Faces Claim Over Cash Returns for Empty Bottles
BLUE SQUARE: Lawsuit Over HP Price-Fixing Conspiracy Pending
BLUE SQUARE: Suppliers Still Face Suits Over Product Reduction
CALIFORNIA: Court Dismisses Lawsuit Over 2007 Corral Canyon Fire
CARA OPERATIONS: Windsor Law Firm to Pursue Class Certification
CBS BROADCASTING: Deal Reached in Over "CSI" Fingerprint Kits
CHINA SUNERGY: Defends Amended Complaint in Consolidated Lawsuit
CITY OF FARGO: N.D. Judge Approves $1.5M "Sauby" Suit Settlement
ENTERPRISE PRODUCTS: Awaits Stipulation in Proposed Merger Suit
FOUNDATION COAL: Levi & Korsinsky Files Md. Suit Over ANR Merger
G. WILLI-FOOD: Consumer Fraud Litigation Still Ongoing in Israel
GEORGETOWN TOWNSHIP: Faces Mich. Lawsuit Over 2008 Sewer Backups
GLOBAL SHIP: CEO Webber Continues to Defend Securities Lawsuits
ILLINOIS: Judge Holds Fairness Hearing for "Ligas" Settlement
INTEGRATED HEALTHCARE: Faces Hourly Employees' Restitution Suit
JA SOLAR: To Seek Dismissal of Consolidated Securities Complaint
LAN AIRLINES: Cargo Unit Faces 4 Suits in Canada Over DOJ Probe
LAN AIRLINES: Expects Dismissal of Civil Suit v. Carriers Soon
MARRIOTT INT'L: Aug. 17 Hearing Set for "Huyen-Tram Nguyen" Deal
MERRILL LYNCH: Final Briefs Filed in "McReynolds" Litigation
PLAINSCAPITAL: FSC Still Defends Lawsuits Over SEC & DOJ Probes
PROFESSIONAL BASKETBALL: Judge Certifies Class in "Brotherson"
STREAM GAS: The Clearman Law Firm Files Suit Over Pyramid Scheme
TAT TECHNOLOGIES: To Defend Claims in Okla. Stockholder Action
TORCHMARK CORP: "Marlene Joseph" Suit v. Unit Dismissed in May
TORCHMARK CORP: Unit Seeks to Nix Appeal on Closed "Joseph" Suit
UNITED STATES: Officials Face Privacy Suit Over Stimulus Act
UNITED STATES: Tex. Judge Approves Settlement of Passports Suit
WASHINGTON MUTUAL: Still Faces Home Equity Credit Lines Lawsuit
New Securities Fraud Cases
OPPENHEIMER AMT-FREE: Stull Stull Files Securities Fraud Lawsuit
Asbestos Alerts
ASBESTOS LITIGATION: Hardie Has $17.4M Adjustment in Fiscal 2009
ASBESTOS LITIGATION: Hardie Has $1.3B AICF Liability at March 31
ASBESTOS LITIGATION: Hardie Cites $2.2M for Research at March 31
ASBESTOS LITIGATION: 26 Injury Cases Ongoing v. Ameron at May 31
ASBESTOS LITIGATION: DuPont Workers Claim Exposure in Argentina
ASBESTOS LITIGATION: 369 Exposure Cases Filed in Ill. at June 19
ASBESTOS LITIGATION: GM Urged to Accept Vehicle Liability Suits
ASBESTOS LITIGATION: Aussie Court Favors Ford in Lo Presti Claim
ASBESTOS LITIGATION: Kirn Memorial's Abatement to Cost $593,000
ASBESTOS LITIGATION: GM OK'd to Use $33.3B to Pay for Bankruptcy
ASBESTOS LITIGATION: ASARCO Allowed to Pursue Legal Expense Case
ASBESTOS LITIGATION: UI Spends Under $100T for Cleanup, Repairs
ASBESTOS LITIGATION: Notts Metal Worker Death Linked to Exposure
ASBESTOS LITIGATION: Portsmouth Worker Death Linked to Exposure
ASBESTOS LITIGATION: Mansfield Local's Death Linked to Exposure
ASBESTOS LITIGATION: Court Issues Split Ruling in Lone Star Case
ASBESTOS LITIGATION: D.C. Court Affirms Ruling in Ashland Action
ASBESTOS LITIGATION: Court Denies Remand Motion in Hamrick Case
ASBESTOS LITIGATION: Appeal Court Affirms Ruling in Nadrich Case
ASBESTOS LITIGATION: Court Upholds Ruling in Bonnifield Lawsuit
ASBESTOS LITIGATION: 1,063 Japanese Workers Eligible for Payout
ASBESTOS LITIGATION: Hazard at Rantoul School Slated for Cleanup
ASBESTOS LITIGATION: Korean Gov't. to Enforce Ban in Sept. 2009
ASBESTOS LITIGATION: Remaining Locals Urged to Vacate Wittenoom
ASBESTOS LITIGATION: Abatement at Whitehaven Site to Cost GBP20T
ASBESTOS LITIGATION: Dodds Calls For Reforms in Compensation Law
ASBESTOS LITIGATION: Lawyer Cites Dangers of Vermiculite Lining
ASBESTOS LITIGATION: $300T Estimated for Cleanup at Mendota Site
ASBESTOS LITIGATION: Ind. Teacher Resigns Over Asbestos Scandal
ASBESTOS LITIGATION: Cleanup at 50 Washoe, Nev. Schools Ongoing
ASBESTOS LITIGATION: Court Denies Defendants' Bid in Shaw Action
ASBESTOS LITIGATION: Court Affirms Maldonaldo's Dismissal Motion
ASBESTOS LITIGATION: Appeals Court OKs Summary Judgment in Short
ASBESTOS LITIGATION: Court Issues Split Ruling in Boudreaux Case
ASBESTOS LITIGATION: Supreme Court Flips Ruling in Gamas Action
ASBESTOS LITIGATION: Cleanup at Ohio Plaza to Commence August 3
ASBESTOS LITIGATION: EPA Pledges $125M for Libby, Mont., Cleanup
ASBESTOS LITIGATION: Cleanup Training Held at Ilisgavik College
ASBESTOS LITIGATION: Abatement at Minn. High School to Commence
ASBESTOS LITIGATION: Hazard at Fort Snelling Slated for Cleanup
ASBESTOS LITIGATION: 2 Derby Locals Charged for Disposal Breach
ASBESTOS LITIGATION: Dockyard Workers in "Limbo" on Compensation
ASBESTOS LITIGATION: U.K. Government Blamed for Stalling Payouts
ASBESTOS LITIGATION: Ill. School Hazard Causes Renovation Delays
ASBESTOS LITIGATION: H.B. Fuller Settles Case During May 30 Qtr.
ASBESTOS LITIGATION: Settlement on CSI Fingerprint Kits Underway
ASBESTOS LITIGATION: Inquest Rules on Nottingham Plumber's Death
ASBESTOS LITIGATION: July 10 Deadline Set for New General Motors
ASBESTOS LITIGATION: USEPA Testing for Hazards at Spokane Sites
ASBESTOS LITIGATION: Hazard Uncovered at 24 Rooms in West School
ASBESTOS LITIGATION: More Asbestos Found at Augusta Tissue Mill
ASBESTOS LITIGATION: Cleanup at Galesburg High to Cost $448,000
*********
ANHEUSER-BUSCH CO: Faces ERISA Suit in Fla. Over QDIA Selection
---------------------------------------------------------------
Anheuser-Busch Companies, Inc. and BNY Mellon, National
Association are facing a purported class-action lawsuit alleging
that the brewer and the trustee improperly designated an overly
risky qualified default investment alternative (QDIA) for
participants' cash proceeds from a stock sale, Fred Schneyer of
Planadviser.com reports.
The suit, which seeks class-action status, was filed on June 25,
2009 in the U.S. Distirct Court for the Middle District of
Florida by David K. Parsons, under the caption, "Parsons v.
Anheuser-Busch Companies, Inc. et al Case No. 3:2009-cv-00584."
Mr. Parsons alleged that Anheuser-Busch was obliged under the
Employee Retirement Income Security Act (ERISA) to pick a less
risky QDIA in November 2008 to house funds in participants'
accounts generated when InBev acquired Anheuser-Busch by paying
shareholders $70 a share. Shareholders included participants
who had built up blocks of stock through their pension plan,
Planadviser.com reported.
According to Mr. Parsons' complaint, a copy of which was
obtained by Planadviser.com, Anheuser-Busch circulated a flyer
to its employees just after the sale was completed telling them
they would have until November 7 to choose an investment fund
for the cash from their stock sale and that if they did not, the
money would go to an "Indexed Balanced Fund."
Mr. Parsons argued that reasonable notice of the QDIA was not
given, there was a limited election window to direct a transfer
to another investment fund, and there was no description of the
Indexed Balanced Fund in the flyer mailed out by Anheuser-Busch.
He charged in the complaint that, despite the flyer's
representations, the plan mandated that the QDIA for employees
not choosing an investment choice for their cash assets would be
a "Short-Term Fixed Income Fund," reports Planadviser.com.
Planadviser.com reported that the plaintiff did not submit a
choice and trustee BNY Mellon Bank transferred $271,024 of Mr.
Parsons's cash to the Indexed Balanced Fund. The money
transferred to the Indexed Balanced Fund remained in the fund
for just under two days, when Mr. Parsons took steps to move it
to the Short-Term Fixed Income Fund. In those two days, Mr.
Parsons allegedly lost $20,000 due to the market volatility of
late 2008.
The complaint states that Mr. Parsons wrote Anheuser-Busch,
requesting that he be reimbursed for his investment loss. He
argued in the letter that his cash assets from the InBev sale
were transferred by BNY Mellon to the Indexed Balanced Fund
without his permission. The company responded by saying the
Indexed Balanced Fund was selected as the plan's default because
it was a diverse fund and satisfied the QDIA requirements,
according to Planadviser.com.
A copy of the complaint is available free of charge at:
http://ResearchArchives.com/t/s?3e8b
For more details, contact:
Debbie K. Winicki, Esq. (dwinicki@att.net)
Winicki Law Firm, PA
Suite 401
4745 Sutton Park Ct
Jacksonville, FL 32224
Phone: 904-992-4997
Fax: 904-992-4998
BANK OF AMERICA: Funds Appointed Lead Plaintiffs in "Sklar" Case
----------------------------------------------------------------
The State Teachers Retirement System of Ohio the Ohio Public
Employees Retirement System and the Teachers Retirement System
of Texas were named as lead plaintiffs in a purported class-
action lawsuit filed against Bank of America Corp. over its
acquisition of brokerage Merrill Lynch & Co., Elinor Comlay of
Reuters reports.
The suit was filed on Jan. 21, 2009 in the U.S. District Court
for the Southern District of New York by Steven J. Sklar, under
the caption, "Sklar v. Bank of America Corp. et al., Case No.
1:2009-cv-00580." Named as defendants in the matter are Bank of
America Corp., Kenneth D. Lewis, John A. Thain, Gary A. Carlin
and Nelson Chai.
Andrew Harris of Bloomberg News previously reported that Bank of
America Corp. faces a complaint filed by shareholder Steven
Sklar on Jan. 21, 2009, alleging that the bank failed to
disclosed of Merrill Lynch & Co.'s $15.3 billion losses before
investors voted on its acquisition (Class Action Reporter, Jan.
29, 2009).
Mr. Sklar said in his complaint filed in a federal court in New
York that the Dec. 5, 2008, vote to buy Merrill Lynch was based
on an Oct. 31, 2008, proxy statement that wasn't revised to
account for its poor performance in the last quarter of 2008.
Bank of America acquired Merrill Lynch for $29 billion in a
transaction that closed on Jan. 1, 2009. He added the losses
were only disclosed on Jan. 16, 2009.
The suit seeks class-action, or group, status on behalf of all
Bank of America shareholders who were eligible to vote on the
acquisition, plus unspecified money damages for the loss of
value of their holdings, Bloomberg News relates.
For more details, contact:
James Abram Harrod, III, Esq. (jharrod@wolfpopper.com)
Wolf Popper LLP
845 Third Avenue
New York, NY 10022
Phone: 212.759.4600
Fax: 212.486.2093
- and -
Frederic Scott Fox, Sr., Esq. (ffox@kaplanfox.com)
Kaplan Fox & Kilsheimer LLP (NYC)
850 Third Avenue
14th Floor
New York, NY 10022
Phone: (212) 687-1980
Fax: (212) 687-7714
BLUE SQUARE: Faces Claim Over Cash Returns for Empty Bottles
------------------------------------------------------------
Blue Square-Israel Ltd. faces a claim and a request for approval
as a class action over cash returns to customers returning empty
reusable bottles.
During January 2009, the company was served with a claim and a
request for approval as a class action, in which it is being
sued regarding the return of a credit note instead of cash, in
accordance with the Deposit on Drink Containers Law 1999.
The Claim alleges that Blue Square has to return cash returns to
customers returning empty reusable bottles according to the law,
while in fact instead of returning cash returns, it gives the
customers a credit note.
The plaintiff's personal claim is estimated at NIS51.75, and if
the claim is approved as a class action, the approximate
aggregate claim is estimated by the plaintiff at NIS5.8 million.
The company denies all allegations, and at this preliminary
stage of the proceedings, it is unable to evaluate the
likelihood of success in the proceedings, including the
likelihood that the claim will be certified as a class action,
according to its June 29, 2009 Form 20-F filing with the
Securities and Exchange Commission for the fiscal year ended
Dec. 31, 2008.
Blue Square-Israel Ltd. -- http://www.bsi.co.il/-- is a leading
retailer in Israel. A pioneer of modern food retailing, in the
region. Blue Square currently operates 188 supermarkets under
different formats, each offering varying levels of services and
prices.
BLUE SQUARE: Lawsuit Over HP Price-Fixing Conspiracy Pending
------------------------------------------------------------
Blue Square-Israel Ltd.'s subsidiary, the Blue Square Chain
(Hyper Hyper) Ltd., continues to face a putative class action
lawsuit regarding the marketing of ink cartridges.
On June 3, 2008, Hyper Hyper was served with a claim and a
request for approval as a class action, in which Hyper is being
sued together with other defendants, regarding the marketing of
ink cartridges
The Claim alleges that the defendants coordinated the prices of
certain Hewlett-Packard ink cartridges sold by them, in a way
that constitutes allegedly an agreement in restraint of trade.
According to the claim, the defendants allegedly sell HP ink
cartridges for a higher price than the price charged for such
ink cartridges by smaller retailers.
The plaintiff's personal claim is estimated at ILS496 and if the
Claim is approved as a class action, the approximate claim
against all the defendants is estimated by the plaintiff at
ILS81 million (against all defendants). The Claim requests
relief in the form of declaration of an agreement in restraint
of trade, monetary compensation and a mandatory injunction to
stop alleged price coordination.
Hyper Hyper denies all foregoing allegations. The matter is
still in its preliminary stages, according to the company's June
29, 2009 Form 20-F filing with the Securities and Exchange
Commission for the fiscal year ended Dec. 31, 2008.
Blue Square-Israel Ltd. -- http://www.bsi.co.il/-- is a leading
retailer in Israel. A pioneer of modern food retailing, in the
region. Blue Square currently operates 188 supermarkets under
different formats, each offering varying levels of services and
prices.
BLUE SQUARE: Suppliers Still Face Suits Over Product Reduction
--------------------------------------------------------------
Blue Square-Israel Ltd.'s suppliers are involved in class action
lawsuits filed in connection with the reduction of weight and/or
content of certain packaged products.
During 2006, several of the company's employees were questioned
by a Ministry of Industry, Trade and Labor representative with
respect to the practice of various suppliers that reduce the
weight and/or contents of certain packaged products, but do not
reduce the size or change the appearance of the packages or
reduce the prices of such products.
The allegation is that these practices mislead the consumer
because they are not informed of the reduction in weight and/or
content of the products.
As of June 29, 2009, the date of the company's latest Annual
Report, a number of class actions have been filed against
certain of its suppliers in connection with the reduction of
weight and/or content of products.
The company believes that it has acted in accordance with
applicable law in this regard, according to the company's June
29, 2009 Form 20-F filing with the Securities and Exchange
Commission for the fiscal year ended Dec. 31, 2008.
Blue Square-Israel Ltd. -- http://www.bsi.co.il/-- is a leading
retailer in Israel. A pioneer of modern food retailing, in the
region. Blue Square currently operates 188 supermarkets under
different formats, each offering varying levels of services and
prices.
CALIFORNIA: Court Dismisses Lawsuit Over 2007 Corral Canyon Fire
----------------------------------------------------------------
A lawsuit filed by three legal firms on behalf of residents that
attempted to hold the State of California accountable for the
2007 Corral Canyon Fire was dismissed by the Los Angeles
Superior Court, Olivia Damavandi of Malibu Times reports.
However, firms Girardi & Keese, Engstrom, Lipscomb & Lack, and
Devitt & Chelberg have stated they will challenge the ruling
with a notice of appeal, which must be submitted by Aug. 14,
2009, according to the Malibu Times.
The Corral Fire, Malibu's worst since 1993, started after an
illegal campfire in an area on State Parks property known as
"the cave" got out of control. The fire burned 4,900 acres and
destroyed 86 structures, including 53 homes.
The class-action lawsuit -- filed in March 2008 -- alleges that
the state's indifference to years of reports about partying at
the top of Corral Canyon led to the Corral Fire, the Malibu
Times reported.
The Malibu Times reported that the plaintiffs, 18 homeowners who
lost their homes in the fire, are asking for $30 million.
According to them, a gate should have been erected at the state
park boundary to prevent night access to the park by car or by
foot, and that the ability for people to physically enter the
cave created a dangerous situation.
In its ruling, the state court though pointed out that there is
nothing inherently dangerous about the physical condition of the
park land, and that neither the existence of an open cave nor
that of vehicle access up Corral Canyon Road were the causes of
the fire, reports the Malibu Times.
The court ruling states, "This fire was the result of the
criminal or negligent conduct of the partiers, and not of a
dangerous condition of public property," according to the Malibu
Times report.
For more details, contact:
Engstrom, Lipscomb & Lack
10100 Santa Monica Boulevard
12th Floor
Los Angeles, CA 90067
Phone: 310-552-3800
Fax: 310-552-9434
Web site: http://www.elllaw.com/
Girardi & Keese, Engstrom
1126 Wilshire Blvd.
Los Angeles, CA 90017-1904
Phone: 213.977.0211
Fax: 213.481.1554
Web site: http://www.girardikeese.net/
- and -
Devitt & Chelberg, Attorneys at Law
Phone: 1 (800) 205-2529
e-mail: jdevitt777@aol.com
Web site: http://www.devittlaw.com/
CARA OPERATIONS: Windsor Law Firm to Pursue Class Certification
---------------------------------------------------------------
Sutts, Strosberg LLP is moving ahead with plans to certify a
CAD$17 million class-action suit commenced on behalf of all
people who ate at Harvey's in North Bay, Ontario between Sept.
12, 2008 and Oct. 12, 2008, Maria Calabrese of Northern Daily
News reports.
It was previously reported, that statement of claim alleges,
among other things, that Cara Operations Limited was negligent
because it served food and beverages that were contaminated with
E.coli (Class Action Reporter, Oct. 27, 2008).
The lawsuit alleges that the defendant is liable for causing the
outbreak. As a result of the outbreak, at least 207 people
became ill with symptoms of E.coli.
The plaintiffs are represented by Harvey Strosberg and Sharon
Strosberg of Sutts, Strosberg LLP and Glyn Hotz of Hotz Lawyers.
Mr. Strosberg said, "The allegations in this lawsuit are a
perfect example of the food safety issues that confront
Canadians today. The goal of this lawsuit is not only to obtain
compensation for individuals affected by this outbreak, but also
to ensure that the food service industry pays attention to
crucial issues concerning food inspection and safety."
A judge of the Ontario Superior Court of Justice will hear the
motion for certification to determine whether this case can
proceed as a class action. The motion date has not yet been set.
Details on the litigation can be viewed free of charge at:
http://www.harveysclassaction.ca
For more information, contact:
Harvey Strosberg
Sharon Strosberg
Sutts, Strosberg LLP
600 Westcourt Place
251 Goyeau Street
Windsor ON N9A 6V4
Phone: (519) 561-6294
- and -
Glyn Hotz
Hotz Lawyers
40 Sheppard Avenue West, Suite 602
Toronto, Ontario
M2N 6K9
Canada
Phone: (416) 754-9962 x244
CBS BROADCASTING: Deal Reached in Over "CSI" Fingerprint Kits
-------------------------------------------------------------
Public Justice and the Asbestos Disease Awareness
Organization announced that a proposed settlement of a
nationwide class action against CBS Broadcasting, Inc. and major
toy retailers, if approved, will give cash refunds to consumers
and effectively implement a nationwide recall of toy science
kits, based on the popular "CSI" television drama series, that
may contain asbestos. Requests for claim forms may be submitted
at http://www.csitoyssettlement.com.
The toy kits -- the CSI: Crime Scene Investigation
Fingerprint Examination Kit (CSI Exam Kit) and the CSI: Crime
Scene Investigation Forensic Lab Kit (CSI Lab Kit) – were made
by now-bankrupt Planet Toys, Inc. and licensed by the television
giant CBS. Tests conducted by the Asbestos Disease Awareness
Organization (ADAO) in 2007 of the white fingerprint powder in
the toy kits found tremolite, one of the deadliest forms of
asbestos.
The settlement, which is subject to court approval,
provides cash refunds to consumers throughout the U.S. who
bought, or received as a gift, one or more CSI Exam Kits or Lab
Kits sold by CBS, Toys "R" Us, Hammacher Schlemmer, Walgreens,
Amazon.com, Buy.com, Sears, Kmart, and QVC. Consumers seeking
refunds must submit a claim form to a claims administrator by
January 14, 2010, and have the option of sending the toy kits to
the claims administrator at no cost.
Planet Toys, the kits' manufacturer, is not part of the
settlement because it filed for Chapter 7 bankruptcy protection
in March 2009.
"We urge everyone to get these products out of your homes
and away from children, and to send in your claim form to get a
refund," said Public Justice's Victoria Ni, co-counsel in the
case.
In November 2007, ADAO publicly released findings from an
18-month study it commissioned that tested over 250 commonly
found consumer products for asbestos. Three independent,
government-certified laboratories participating in the study
confirmed the presence of asbestos in the white fingerprint
powder of the CSI Exam Kit. ADAO is a nonprofit organization
founded in 2004 and dedicated to raising public awareness about
the dangers of asbestos exposure and often deadly asbestos-
related disease.
"We were aghast to find asbestos in a children's toy," said
ADAO Executive Director and co-founder Linda Reinstein. "Even
though the dangers of asbestos have been well-documented for
more than 100 years, we're still finding asbestos in common
household products. That's simply unacceptable."
With Public Justice as counsel, ADAO met with
representatives from CBS and Planet Toys in December 2007 to
discuss its findings about the fingerprint powder. As a result,
Planet Toys asked retailers to stop sales of the CSI Exam Kit
pending further investigation. But the company refused to stop
sales of the CSI Lab Kit, which contained the same fingerprint
powder, and refused to voluntarily recall the products from
consumers' homes.
The ADAO test results also helped spark action by the
Connecticut Department of Consumer Protection (DCP), which
commissioned its own testing and confirmed the presence of
asbestos in the white fingerprint powder in the CSI Exam Kit.
The DCP announced a recall and embargo of the product statewide
in mid-December 2007. The DCP told Connecticut consumers to
return the product for a refund or store credit and encouraged
any consumer not satisfied with retailer response to file a
complaint.
The proposed class action settlement provides that, in
addition to paying for consumer refunds and the cost of shipping
for returned toys, the companies will pay the costs of notice
and claims administration, and a $30,000 cy pres award to ADAO.
If approved, the settlement would resolve the class action
pending in New York and a related lawsuit filed in California
state court citing violations of a state law known as "Prop 65."
Prop 65 requires businesses to give a "clear and reasonable
warning" to California consumers if a product contains a
chemical known to cause cancer or birth defects, such as
asbestos.
The settlement was given preliminary approval by a New York
federal court in May, and awaits final approval.
There is no known safe level of asbestos exposure. If
inhaled, microscopic asbestos particles can penetrate lung
tissue and stay there permanently, causing serious, even deadly,
respiratory illnesses or cancer than might not manifest until
decades after initial exposure.
For more information about the settlement, go to
http://www.csitoyssettlement.comor
http://www.publicjustice.net.
CHINA SUNERGY: Defends Amended Complaint in Consolidated Lawsuit
----------------------------------------------------------------
China Sunergy Co., Ltd. remains a named defendant in a
consolidated purported class action pending in the U.S. District
Court for the Southern District of New York.
The company was named in three purported class actions:
-- Brown v. China Sunergy Co., Ltd. et al., Case No. 07-CV-
07895 (DAB),
-- Sheshtawy v. China Sunergy Co., Ltd. et al., Case No. 07-
CV-08656 (DAB), and
-- Giombetti v. China Sunergy Co., Ltd. et al., Case No. 07-
CV-09689 (DAB).
On Sept. 29, 2008, the District Court appointed a lead plaintiff
and consolidated the three cases. The lead plaintiff filed a
consolidated amended complaint on Dec. 8, 2008.
The consolidated amended complaint purports to state class
action claims against the company in connection with its initial
public offering and seeks unspecified damages. Specifically,
the lead plaintiff alleges that the company made false and
misleading statements in its initial public offering
registration statement and prospectus regarding, among other
things, the procurement of polysilicon.
Several of the company's directors and officers, along with the
investment banks that underwrote its initial public offering,
are also named defendants in the cases.
On Jan. 1, 2009, the defendants filed a motion to dismiss the
consolidated amended complaint. Briefing on the motion was
completed on May 1, 2009. The court had not yet ruled on the
motion to dismiss, according to the company's June 26, 2009 Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended May 31, 2009.
China Sunergy Co., Ltd. --
http://www.chinasunergy.com/home/home_eng.asp-- is engaged in
designing, developing, manufacturing and selling solar cells.
It manufactures solar cells from silicon wafers utilizing
crystalline silicon solar cell technology to convert sunlight
directly into electricity through a process known as the
photovoltaic effect. It sells its solar cell products to
Chinese and overseas module manufacturers and system
integrators, who assemble its solar cells into solar modules and
solar power systems for use in various markets. During the year
ended December 31, 2007, it produced both monocrystalline and
multicrystalline silicon solar cells. In addition to standard
P-type solar cells, it commenced commercial production of
selective emitter cells, an improved version of the P-type solar
cells in 2007.
CITY OF FARGO: N.D. Judge Approves $1.5M "Sauby" Suit Settlement
----------------------------------------------------------------
Magistrate Judge Karen Klein of the U.S. District Court for the
District of North Dakota has given preliminary approval to the
settlement of the class-action lawsuit entitled, "Sauby v.
Fargo, City of, Case No. 3:07-cv-00010-RSW-KKK," The Associated
Press reports.
On July 1, 2009, the judge gave preliminary approval to the
settlement. A final hearing will be in late November or
December, after a period in which people can submit claims,
according to AP.
The Associated Press previously reported that the plaintiffs
involved in the purported class-action lawsuit are saying they
should share $15,000 from the case (Class Action Reporter, July
1, 2009).
Stephanie Sauby of West Fargo, who filed the original lawsuit in
January 2007, is asking for $10,000. James Burns of Fargo is
seeking $5,000. Their lawyers say Ms. Sauby has been subjected
to "mean-spirited, vile and personal attacks" and deserves the
higher amount, according to AP.
Patrick Springer of INFORUM reported that a proposed $1.5
million settlement was reached in a purported class-action suit,
captioned, "Sauby v. Fargo, City of, Case No. 3:07-cv-00010-RSW-
KKK," (Class Action Reporter, April 23, 2009).
The case, filed by Stephanie Sauby, a West Fargo woman, was
certified as a class-action, with 54,000 drivers eligible to
become part of the case who collectively paid fines exceeding
those set by state law by $4.3 million, according to the INFORUM
report.
Dickinson Press previously reported that Judge Rodney Webb of
the U.S. District Court for the District of North Dakota ruled
that a West Fargo woman can continue her lawsuit against the
city of Fargo over traffic fines.
According to Dickinson Press, plaintiff Stephanie Sauby accused
the city of violating her rights by assessing higher traffic
fines than state law allows.
The city argued that the fines were not unconstitutional, and
asked Judge Webb to dismiss Ms. Sauby's lawsuit.
The report notes that in his recent ruling, Judge Webb dismissed
one of the counts against the city, but found enough evidence to
continue the case on two other counts. Specifically, Judge Webb
threw out Ms. Sauby's claim of excessive fines but said she "has
successfully raised equal protection and due process claims."
Judge Webb, however, has not yet decided whether to grant Ms.
Sauby's case class-action status, Dickinson Press relates.
According to the report, the city's lawyer, Stacy Tjon-Bossart,
Esq., did not return a phone message asking for comment. Ms.
Sauby's attorney, Timothy Purdon, Esq., likewise has no comment.
The suit is "Sauby v. Fargo, City of, Case No. 3:07-cv-00010-
RSW-KKK," filed in the U.S. District Court for the District of
North Dakota, Judge Rodney S. Webb, presiding, with referral to
Judge Karen K. Klein.
For more details, contact:
Timothy Q. Purdon, Esq. (tpurdon@vogellaw.com)
Vogel Law Firm
PO Box 2097
200 N 3 St Ste 201
Bismarck, ND 58502-2097
Phone: 701-258-7899
Fax: 701-258-9705
- and -
Stacey Elizabeth Tjon Bossart, Esq.
(STB@solberglaw.com)
Solberg Stewart Miller & Tjon
PO Box 1897
Fargo, ND 58107-1897
Phone: 701-237-3166
ENTERPRISE PRODUCTS: Awaits Stipulation in Proposed Merger Suit
---------------------------------------------------------------
A stipulation of settlement in the class action concerning a
proposal made by Enterprise to TEPPCO GP, to acquire all of the
partnership interests of TEPPCO (the "Proposed Merger") is
pending, according to Enterprise Products Partners L.P.'s Form
8-K filing with the Securities and Exchange Commission dated
June 29, 2009.
On April 29, 2009, Peter Brinckerhoff and Renee Horowitz, as
Attorney in Fact for Rae Kenrow, purported unitholders of TEPPCO
Partners, L.P., filed separate complaints in the Court of
Chancery of New Castle County in the State of Delaware (the
"Court"), as putative class actions on behalf of other
unitholders of TEPPCO, concerning the Proposed Merger.
On May 11, 2009, these actions were consolidated into the
Brinckerhoff class action, entitled Texas Eastern Products
Pipeline Company, LLC Merger Litigation, C.A. No. 4548-VCL.
The initial proposal made at this time was an exchange of 1.043
Enterprise common units and $1.00 in cash for each TEPPCO unit.
The complaints named as defendants Enterprise; EPD GP; TEPPCO
GP; the directors of TEPPCO GP; EPCO; and Dan L. Duncan.
The complaints allege, among other things, that the terms of the
Proposed Merger were grossly unfair to TEPPCO's unitholders,
that Mr. Duncan and other defendants who control TEPPCO had
acted to drive down the price of TEPPCO's units and that the
Proposed Merger was an attempt to extinguish, without
consideration and without adequate information for TEPPCO's
unitholders, a separate derivative action that previously had
been filed on behalf of TEPPCO by Peter Brinckerhoff against
Enterprise; EPD GP and certain of it affiliates; EPCO; Dan L.
Duncan; TEPPCO GP; and certain of TEPPCO GP's current and former
directors. The complaints further allege that the process
through which a special committee of the Audit, Conflicts and
Governance Committee of TEPPCO GP (the "Special Committee") was
appointed to consider the Proposed Merger is contrary to the
spirit and intent of TEPPCO's partnership agreement and
constitutes a breach of the implied covenant of fair dealing.
On June 28, 2009, the parties entered into a Memorandum of
Understanding ("MOU") in connection with a proposed settlement
of the class action and the derivative action. Pursuant to the
MOU, the board of directors of TEPPCO GP will recommend to
TEPPCO unitholders that they approve the adoption of the MLP
Merger Agreement and take all necessary steps to seek unitholder
approval for the MLP Merger as soon as practicable. Pursuant to
the MOU, approval of the Mergers will require, in addition to
votes required under the TEPPCO partnership agreement, the
affirmative vote of at least a majority of the votes cast by
holders of outstanding TEPPCO units, excluding those held by
defendants to the derivative actions and their affiliates. The
MOU further provides that the derivative action was considered
by the Special Committee to be a significant asset of TEPPCO for
which fair value was obtained in the merger consideration.
The MOU contemplates that the parties will enter into a
stipulation of settlement within 30 days from the date of the
MOU. The stipulation of settlement will be subject to customary
conditions, including Court approval.
Enterprise Products Partners L.P. -- http://www.epplp.com/-- is
a North American midstream energy company providing a range of
services to producers and consumers of natural gas, natural gas
liquids (NGLs), crude oil, and certain petrochemicals. It is
also engaged in the development of pipeline and other midstream
energy infrastructure in the continental United States and Gulf
of Mexico. The company conducts substantially all of its
business through its wholly owned subsidiary, Enterprise
Products Operating LLC (EPO. The company is owned 98% by its
limited partners and 2% by its general partner, Enterprise
Products GP, LLC (EPGP). EPGP is owned by Enterprise GP Holdings
L.P. The company operates in four business segments: NGL
Pipelines & Services, Onshore Natural Gas Pipelines & Services,
Offshore Pipelines & Services and Petrochemical Services.
FOUNDATION COAL: Levi & Korsinsky Files Md. Suit Over ANR Merger
----------------------------------------------------------------
Levi & Korsinsky announces that a class action lawsuit has
been filed in the Circuit Court of the State of Maryland
challenging the proposed acquisition of Foundation Coal
Holdings, Inc. (NYSE: FCL).
The complaint arises out of the announcement by Foundation
Coal that it had entered into a definitive merger agreement with
Alpha Coal Resources, Inc. (NYSE: ANR). Under the terms of the
merger agreement, Foundation Coal shareholders will receive
shares in the post-merger entity valued at $32.73 per share.
The complaint alleges that Foundation and its directors breached
their fiduciary duties to Foundation's stockholders and that
certain disclosures in the Registration Statement are misleading
and/or incomplete.
For more details, contact:
Eduard Korsinsky, Esq.
Juan E. Monteverde, Esq.
Levi & Korsinsky, LLP
30 Broad Street - 15th Floor
New York, NY 10004
Phone: (212) 363-7500
Fax: (212) 363-7171
Web site: http://www.zlk.com/fcl.html
G. WILLI-FOOD: Consumer Fraud Litigation Still Ongoing in Israel
----------------------------------------------------------------
G. Willi-Food International Ltd. continues to face a purported
class action lawsuit alleging misleading "suger free" markings.
On April 16, 2009, the company had been served with a purported
class action lawsuit. The complaint alleges that the company
misled its customers by illegal marking of a product that the
company imports and sells as "suger free," according to The
Israeli Consumer Protection Law, 1981.
The group which the lawsuit desires to represent are any Israeli
resident who bought this product due to such person's preference
for a "suger free" or a "reduced suger" product. According to
the plaintiff, the Group consists of 2,000 customers. The
plaintiff appraises its own damages at NIS 2,000 (approximately
USD 500) and the damages of the entire Group to be NIS 4 million
(approximately USD 1 million).
According to its June 29, 2009 Form 20-F filing with the
Securities and Exchange Commission for the fiscal year ended
Dec. 31, 2008, at this preliminary stage, the company is
examining the plaintiff's alleged claims, and it will respond
and relate to the allegations, to the extent necessary, after
its examination and after consulting with its legal advisors.
G. Willi-Food International Ltd. -- http://www.willi-food.co.il
-- is one of Israel's largest food importers and a single-source
supplier of one of the world's most extensive ranges of quality
kosher food products. It currently imports, markets and
distributes more than 2,500 food products manufactured by some
120 top-tier suppliers throughout the world to more than 1,500
customers. Willi-Food excels in identifying changing tastes in
its markets and sourcing high-quality kosher products to address
them. The Company also operates several subsidiaries: its
subsidiary, Gold Frost Ltd., develops and distributes kosher
chilled and frozen dairy food products internationally together
with its Danish dairy distributor subsidiary; the joint venture
with the Baron Family engages in the global import, export and
distribution of kosher products worldwide; and Shamir Salads is
a leading international manufacturer and distributor of pre-
packaged chilled Mediterranean dips and spreads.
GEORGETOWN TOWNSHIP: Faces Mich. Lawsuit Over 2008 Sewer Backups
----------------------------------------------------------------
Georgetown Township, Michigan is facing a purported class-action
suit that seeks up to $1 million in damages, which allegedly
occurred during a sewer backup last fall, Rick Wilson of The
Grand Rapids Press reports.
The suit was filed by Marcia Dykhouse, Eric Freeman and Randall
Velzen filed suit Wednesday in Ottawa County Circuit Court
seeking reimbursement for damages sustained during a Sept. 14,
2008 sewer backup which affected some 39 homes in the Rushmore
Lake neighborhood between Port Sheldon Avenue and Chicago Drive,
The Grand Rapids Press reported.
Steven Liddle, Esq., a Detroit attorney is representing the
plaintiffs, according to The Grand Rapids Press.
For more details, contact:
Steven Liddle, Esq.
Macuga, Liddle & Dubin, P.C.
975 East Jefferson Avenue
Detroit, Michigan 48207-3101
Phone: 313.392.0015
Fax: 313.392.0025
e-mail: info@mldclassaction.com
Web site: http://www.mlclassaction.com/
GLOBAL SHIP: CEO Webber Continues to Defend Securities Lawsuits
---------------------------------------------------------------
Global Ship Lease, Inc.'s Chief Executive Officer, Ian J.
Webber, continues to be a named defendant in purported
securities class-action suits in the United States and in
Canada, according to the company's June 25, 2009 Form 20-F
filing with the U.S. Securities and Exchange Commission for the
fiscal year ended Dec. 31, 2008.
Mr. Webber was named, along with his former employer CP Ships
Limited and other officers of that company, as a defendant in a
securities class action case before the U.S. District Court for
the Middle District of Florida.
The consolidated amended class action complaint alleged
violations of Section 10(b) and Rule 10b-5 of the Exchange Act
against all defendants and Section 20(a) of the Exchange Act
against the individual defendants.
The parties have reached an agreement to settle this class
action proceeding in its entirety. Under the terms of the
settlement, Mr. Webber denies all wrongdoing, is not making any
payment, and will be fully released from any liability in this
matter. The settlement was given final approval by the Court on
Oct. 21, 2008. One objector appealed the Court's final approval
of the settlement to the 11th Circuit Court of Appeals. Oral
argument was heard by the 11th Circuit on May 19, 2009, and the
parties are awaiting a decision on the appeal from that court.
Mr. Webber was also named, along with CP Ships Limited and
several of its officers and directors, as a defendant in three
purported securities class actions pending in Canada. Those
actions, which allege similar claims to those raised in the
United States securities class action case, are ongoing.
Global Ship Lease, Inc. -- http://www.globalshiplease.com--
incorporated on May 3, 2007, acquires and charters vessels to
container shipping companies. The company was incorporated to
acquire a fleet of containerships of diverse sizes. It will
purchase the vessels in its initial and contracted fleet from
CMA CGM S.A. (CMA CGM) and will derive initially all of its
revenue from CMA CGM. The company intends to acquire 10
secondhand vessels and two newbuildings from CMA CGM and certain
of its vessel-owning subsidiaries. It refers to these 12
containerships collectively as its initial fleet. In addition
to its initial fleet, the company will also acquire from CMA CGM
and its subsidiaries four secondhand vessels and one
newbuilding. All vessels in the company's initial and
contracted fleet will be initially time chartered to CMA CGM for
terms ranging from 5 to 17 years and a non-weighted average term
of 11 years.
ILLINOIS: Judge Holds Fairness Hearing for "Ligas" Settlement
-------------------------------------------------------------
Judge James Holderman of the U.S. District Court for the
Northern District of Illinois recently held a fairness hearing
for the the proposed settlement in a class-action suit against
the State of Illinois, Lisa Black of The Chicago Tribune
reports.
The lawsuit, entitled, "Stanley Ligas, et al. v. Barry S. Maram
et al., Case No. 1:05-cv-04331," was filed under the Americans
with Disabilities Act on July 28, 2005 by Stanley Ligas and six
other plaintiffs. It aims to move thousands of Illinois adults
with mental disabilities into community-based group homes (Class
Action Reporter, Feb. 23, 2007).
According to the suit, the state is violating the civil rights
of people with developmental disabilities by effectively forcing
them into large institutions rather than offering them the
choice of living in smaller community settings.
The lawsuit was brought on behalf of the thousands of
individuals who are needlessly institutionalized in large
Intermediate Care Facilities for the Developmentally Disabled
when they could be better served in smaller, community based
settings.
For more details, contact:
Barry Charlton Taylor, Esq.
(barryt@equipforequality.org)
Equip for Equality
20 North Michigan
Suite 300
Chicago, IL 60602
Phone: (312) 341-0022
- and -
Karen Elaine Konieczny, Esq.
(karen.konieczny@illinois.gov)
Illinois Attorney General's Office
160 North LaSalle Street, Suite N-1000
Chicago, IL 60601
Phone: (312) 793-2380
INTEGRATED HEALTHCARE: Faces Hourly Employees' Restitution Suit
---------------------------------------------------------------
A class action lawsuit against Integrated Healthcare Holdings,
Inc. is at its early stages, according to its June 26, 2009 Form
20-F filing with the Securities and Exchange Commission for the
fiscal year ended March 31, 2009.
On June 5, 2009, a class-action lawsuit was filed against the
company by certain hourly employees alleging restitution for
unfair business practices, injunctive relief for unfair business
practices, failure to pay overtime wages, and penalties
associated therewith.
Integrated Healthcare Holdings, Inc. -- http://www.ihhioc.com/
-- is a physician owned company that acquired and began
operating the four hospital facilities: Western Medical Center
in Santa Ana; Western Medical Center in Anaheim; Coastal
Communities Hospital in Santa Ana, and Chapman Medical Center in
Orange.
JA SOLAR: To Seek Dismissal of Consolidated Securities Complaint
----------------------------------------------------------------
JA Solar Holdings Co., Ltd. intends to file a motion to dismiss
the consolidated putative securities class action complaint,
according to the company's June 25, 2009 Form 20-F filing with
the U.S. Securities and Exchange Commission for the fiscal year
ended Dec. 31, 2008.
In December 2008, the company learned that it was named as
defendant in two putative securities class actions filed in the
U.S. District Court for the Southern District of New York:
"Ellenburg v. JA Solar Holdings Co., Ltd., et al., Civil Action
No. 08 CV 10475" (filed on Dec. 3, 2008) and "Zhang v. JA Solar
Holdings Co., Ltd., et al., Civil Action No. 08 CV 11366" (filed
on December 31, 2008).
The complaints in the two actions, which are substantially
identical, also name as defendants Mr. Huaijin Yang, the
company's chief executive officer, and Mr. Daniel Lui, its
former chief financial officer and current chief strategy
officer, and allege that the defendants committed securities
fraud in violation of Section 10(b) of the U.S. Securities and
Exchange Act.
On April 17, 2009, the court consolidated the two cases,
appointed a lead plaintiff, and ordered the lead plaintiff to
file a consolidated complaint.
The lead plaintiff filed the consolidated complaint on June 1,
2009.
JA Solar Holdings Co., Ltd. -- http://www.jasolar.com/-- is
engaged in the development, production and marketing of
photovoltaic (PV) solar cells, which convert sunlight into
electricity, in the People's Republic of China (PRC). Its solar
cells are assembled and integrated into solar modules and
systems that convert sunlight into electricity through a process
known as the photovoltaic effect. Substantially all of the
company's business is conducted through the operating
subsidiaries, JingAo Solar Co., Ltd. (JA Hebei), Shanghai JA
Solar PV Technology Co., Ltd. (JA Zhabei) and JA Solar
Technology Yangzhou Co., Ltd. (JA Yangzhou), in which the
company indirectly holds a 100% interest. JA Solar also produces
and sells monocrystalline and multicrystalline solar cells.
LAN AIRLINES: Cargo Unit Faces 4 Suits in Canada Over DOJ Probe
---------------------------------------------------------------
Four civil class actions, which include Lan Airlines S.A.'s main
cargo subsidiary Lan Cargo S.A. as a defendant, are pending in
Canada.
The investigation by the U.S. Department of Justice prompted the
filing of numerous civil class actions by freight forwarding and
shipping companies against many airlines, including Lan Cargo
and Lan Airlines, including four in Canada.
According to the company's June 25, 2009 Form 20-F filing with
the U.S. Securities and Exchange Commission for the fiscal year
ended Dec. 31, 2008, it is not possible at this time to
anticipate with any precision the outcome of the four civil
actions that were filed in Canada against Lan Cargo, among other
airlines.
Lan Airlines S.A. -- http://www.lan.com/index-en-us.html-- is a
passenger airlines company in Latin America and the main cargo
operator in the region. The company provides domestic and
international passenger services in Chile, Peru, Ecuador and
Argentina. As of March 31, 2009, in the passenger business the
Company operated through five main airlines: LAN Airlines,
Transporte Aereo S.A. (which does business under the name Lan
Express), Lan Peru S.A. (Lan Peru), Aerolane Lineas Aereas
Nacionales del Ecuador S.A. (Lan Ecuador), and Lan Argentina
S.A. (Lan Argentina, previously Aero 2000 S.A.). Its cargo
operations are carried out by a number of companies, including
Lan Airlines and Lan Cargo, and are complemented by the
operations of certain related companies, such as Aero
Transportes Mas de Carga S.A. de C.V. (MasAir), in Mexico,
Aerolinhas Brasileiras S.A. (ABSA), in Brazil and Linea Aerea
Carguera de Colombia S.A. (LANCO), in Colombia.
LAN AIRLINES: Expects Dismissal of Civil Suit v. Carriers Soon
--------------------------------------------------------------
Lan Airlines S.A. expects a final ruling from the U.S. District
Court for the Eastern District of New York on the dismissal of
the original civil class action complaint soon.
The investigation by the U.S. Department of Justice regarding
price fixing of fuel surcharges and other fees for cargo
shipments prompted the filing of numerous civil class actions
against many airlines, including Lan Cargo and Lan Airlines in
the United States.
A total of 54 civil actions naming numerous carriers were filed
in the United States.
These cases have since been consolidated in the U.S. District
Court, Eastern District of New York.
The Magistrate Judge assigned to the case has recommended a
dismissal of the original complaint and a final ruling from the
District Judge on the dismissal is expected shortly.
According to the company's June 25, 2009 Form 20-F filing with
the U.S. Securities and Exchange Commission for the fiscal year
ended Dec. 31, 2008, in the event that the District Judge
dismisses the original complaint, it is likely that Plaintiffs
will be provided an opportunity to file an amended complaint and
pursue the action.
Lan Airlines S.A. -- http://www.lan.com/index-en-us.html-- is a
passenger airlines company in Latin America and the main cargo
operator in the region. The company provides domestic and
international passenger services in Chile, Peru, Ecuador and
Argentina. As of March 31, 2009, in the passenger business the
Company operated through five main airlines: LAN Airlines,
Transporte Aereo S.A. (which does business under the name Lan
Express), Lan Peru S.A. (Lan Peru), Aerolane Lineas Aereas
Nacionales del Ecuador S.A. (Lan Ecuador), and Lan Argentina
S.A. (Lan Argentina, previously Aero 2000 S.A.). Its cargo
operations are carried out by a number of companies, including
Lan Airlines and Lan Cargo, and are complemented by the
operations of certain related companies, such as Aero
Transportes Mas de Carga S.A. de C.V. (MasAir), in Mexico,
Aerolinhas Brasileiras S.A. (ABSA), in Brazil and Linea Aerea
Carguera de Colombia S.A. (LANCO), in Colombia.
MARRIOTT INT'L: Aug. 17 Hearing Set for "Huyen-Tram Nguyen" Deal
----------------------------------------------------------------
The U.S. District Court for the Central District of California
will hold a fairness hearing on Aug. 17, 2009 for the proposed
settlement in the matter, "Huyen-Tram Nguyen v. Marriott
International Inc et al., Case No. 5:2008-cv-00370," Monica
Torline of The Desert Sun reports.
The suit was filed on March 18, 2008 by Huyen-Tram Nguyen, a
poolside server, who claims the Marriott properties did not pay
employees for missed meal periods or rest breaks, according to
The Desert Sun.
"Plaintiffs were alleging that hourly employees at these two
hotels were not provided a 30-minute meal break," according to
Derek J. Emge, Esq., one of two San Diego attorneys representing
plaintiffs in the case. "Marriott took the position that they
offered the break and that it was up to employees to take it or
not take it," according to Mr. Emge.
Those who were hourly employees at the Desert Springs, a JW
Marriott Resort and Spa, and Renaissance Esmeralda Resort and
Spa over a five-year period ending in April 2009 are eligible
for the settlement proceeds in the case, The Desert Sun
reported.
For more details, contact:
Derek J. Emge, Esq. (derek@inthelaw.com)
Emge and Associates
525 B Street, Suite 760
San Diego, CA 92101
Phone: 619-595-1400
Fax: 619-595-1480
David A. Huch, Esq. (dhuch@onebox.com)
David A. Huch Law Offices
310 North Indian Hill Boulevard
Suite 459
Claremont, CA 91711-4611
Phone: 888-533-2899
Fax: 909-614-7008
- and -
Kirk B. Hulett, Esq. (kbh@hulettharper.com)
Hulett Harper Stewart LLP
525 B Street, Suite 760
San Diego, CA 92101
Phone: 619-338-1133
Fax: 619-338-1139
MERRILL LYNCH: Final Briefs Filed in "McReynolds" Litigation
------------------------------------------------------------
Final briefs seeking class certification for the litigation,
"McReynolds et al v. Merrill Lynch & Co., Inc. et al., Case No.
1:2008cv06105" were filed on June 26, 2009 in the U.S. District
Court for the Northern District of Illinois, Tresa Baldas of The
National Law Journal reports.
The suit was file don Oct. 24, 2008 by George McReynolds, Maroc
Howard, Frankie Ross, Marva York, LeRoy Brown, Glenn Capel,
Carnell Moore, Mark Johnson and Cathy Bender-Jackson.
It was specifically brought on behalf of African-American and
female Financial Advisors against Merrill Lynch & Co., Inc.,
Merrill Lynch, Pierce, Fenner & Smith and Bank of America Corp.
The class-action lawsuit captioned, "McReynolds v. Merrill
Lynch," remains pending, according to Merrill Lynch & Co.,
Inc.'s Nov. 4, 2008 Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarter ended Sept. 26, 2008.
The complaint alleges that a retention bonus procedure recently
announced by Merrill Lynch and Bank of America disadvantages
African Americans and women because it is based on the amount of
the Financial Advisers' production and that, allegedly as a
result of discrimination, African-American and female Financial
Advisors have lower production than white males (Class Action
Reporter, Jan. 31 ,2009).
The complaint seeks, among other relief, the value of
compensation and benefits that plaintiffs have lost and will
lose as a result of defendants' allegedly unlawful conduct,
according to Merrill Lynch & Co., Inc.'s Nov. 4, 2008 Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended Sept. 26, 2008.
For more details, contact:
Linda Debra Friedman, Esq. (lfriedman@sfltd.com)
Stowell & Friedman, Ltd.
321 South Plymouth Court
Suite 1400
Chicago, IL 60604
Phone: 312-431-0888
- and -
Lawrence Charles DiNardo, Esq.
(lcdinardo@jonesday.com)
Jones Day
77 West Wacker Drive
Suite 3500
Chicago, IL 60601-1692
Phone: (312) 782-3939
PLAINSCAPITAL: FSC Still Defends Lawsuits Over SEC & DOJ Probes
---------------------------------------------------------------
First Southwest Company ("FSC") continues to defend class-action
lawsuits related to government investigations into possible
antitrust and securities law violations, according to
PlainsCapital Corporation's Amendement to Form 10-Q filing with
the U.S. Securities and Exchange Commission dated June 25, 2009.
FSC is a subsidiary of First Southwest Holdings, LLC, which is a
subsidiary of PlainsCapital Bank. In turn, PlainsCapital Bank
is a subsidiary of PlainsCapital Corporation.
FSC has been named as a co-defendant in a series of class-action
lawsuits and in some lawsuits brought by individual
municipalities which seek to attach themselves based upon the
SEC and the DOJ investigations.
PlainsCapital Corporation -- http://www.plainscapital.com– is
the holding company for PlainsCapital Corporation, which has
about two-dozen branches in and around Austin, Dallas, Fort
Worth, Lubbock, and San Antonio, Texas. The bank offers
personal and small business banking, commercial lending, trust
services, and wealth and treasury management. PlainsCapital
Corporation also has mortgage lending, investment, and equipment
leasing subsidiaries. Hester Capital Management, provides asset
management services to private clients, not-for-profits,
businesses, retirement plans, and public funds. Dallas-based
investment bank First Southwest, acquired in early 2009,
specializes in public finance.
PROFESSIONAL BASKETBALL: Judge Certifies Class in "Brotherson"
--------------------------------------------------------------
Judge Richard A. Jones of the U.S. District Court for the
Western District of Washington certified as a class-action
lawsuit the matter, "Brotherson et al v. Professional Basketball
Club LLC, Case No. 2:07-cv-01787-RAJ," Percy Allen of The
Seattle Times reports.
The suit was filed on behalf of three former Sonics season-
ticket holders who are claiming the team breached a contract
when it moved to Oklahoma City and didn't allow them to
repurchase tickets. It was filed against Clay Bennett's
ownership group, the Professional Basketball Club.
Judge Jones' 19-page order will let a jury decide if roughly
1,200 Emerald Club members who renewed season tickets in 2007-08
at KeyArena on the promise of a three-year fixed price are
entitled to damages because the team moved to Oklahoma City and
the ownership group didn't allow them to renew tickets at the
Ford Center at the same price the following two years, according
to The Seattle Times.
In February, Judge Jones dismissed a part of the lawsuit, which
was originally filed by former season-ticket holders Robert
Brotherson, Patrick Sheehy and Carolyn Bechtel, The Seattle
Times reported.
The judge rejected the fans' claim for a full refund for the
2007-08 season in Seattle and denied a plaintiffs' claim that
they wanted to purchase tickets to attend games in Oklahoma
City.
The fans' group must now redefine the plaintiffs that are
members of the class action. Myers & Company, the plaintiffs'
legal counsel has been instructed to draft a notice before Aug.
7, 2009 that will be approved by the court and PBC before being
mailed to the Emerald Club members asking whether they want to
be a part of the class-action suit or opt out, The Seattle Times
reports.
Once the class-action members are determined a trial date will
be scheduled, most likely to start in early 2010, reports The
Seattle Times.
For more details, contact:
Mark Adam Griffin, Esq. (mgriffin@kellerrohrback.com)
Keller Rohrback
1201 3rd Ave.
Ste 3200
Seattle, WA 98101-3052
Phone: 206-623-1900
Fax: 206-623-3384
- and -
Michael David Myers, Esq. (mmyers@myers-company.com)
Myers & Company
1809 7th Ave
Ste. 700
Seattle, WA 98101
Phone: 206-398-1188
Fax: 206-398-1189
STREAM GAS: The Clearman Law Firm Files Suit Over Pyramid Scheme
----------------------------------------------------------------
Attorneys from Houston's The Clearman Law Firm are
announcing a federal class action lawsuit filed yesterday under
the Racketeer Influenced Corrupt Organizations Act against
Dallas-based Stream Gas & Electric, Ltd., Ignite Holdings, Ltd.,
their related companies and several affiliated individuals.
A retail electricity and gas provider in Texas and Georgia,
Stream has grown in only three years to become the 29th largest
private company in the Dallas/Fort Worth area based on revenues
of more than $800 million in 2008. Stream's marketing division,
Ignite, has fueled Stream's growth through what the company
calls a "multilevel marketing program."
The 89-page federal complaint alleges that Stream and
Ignite's multilevel marketing program is actually an unlawful
pyramid scheme. Pyramid schemes are inherently doomed programs
in which investors recruit people to pay money to those above
them in a first-come-first-served hierarchy with the expectation
that they will get payments from other investors who enter the
program later. When the number of newly recruited investors
eventually dwindles, the payment structure collapses.
Specifically, the lawsuit filed in the U.S. District Court
for the Southern District of Texas in Houston alleges that
Stream and Ignite induced the plaintiffs and others to invest in
the "Ignite Services Program" at a cost of $329 and purchase an
"Ignite Homesite" web page for a charge of $29 per month. The
lawsuit claims that a large portion of the $329 is paid to those
higher in the pyramid.
"Some of the individuals at the top of the Stream and
Ignite pyramid earn millions of dollar a year, while most of
those that are now joining the scheme will likely never recover
their investment," says Scott Clearman of The Clearman Law Firm,
lead counsel for the plaintiffs. "Stream promises recruits that
they can make vast sums of money, but the fact is that most will
lose their money."
In addition to Stream and Ignite, individual defendants
named in the complaint include Ignite founders Chris Domhoff,
Rob Snyder and Pierre Koshakj, as well as several Stream
employees. Additional defendants include Donny Anderson, Steve
Fisher, Randy Hedge, Logan Stout and Presley Swagerty, all of
whom are near the top of the alleged pyramid.
In addition to Mr. Clearman, the plaintiffs are represented
by Brian D. Walsh of The Clearman Law Firm.
For more details, contact:
Brian D. Walsh, Esq.
The Clearman Law Firm, PLLC
815 Walker, Suite 1040
Houston, Texas 77002
Phone: (713) 223-7070
Fax: (713) 223-7071
Web site: http://www.clearmanlaw.com
TAT TECHNOLOGIES: To Defend Claims in Okla. Stockholder Action
--------------------------------------------------------------
TAT Technologies Ltd. intends to defend the claims in a
purported stockholder class action in the District Court of
Tulsa County, State of Oklahoma, according to the company's June
25, 2009 Form 20-F filing with the Securities and Exchange
Commission for the fiscal year ended Dec. 31, 2008.
On May 19, 2009, an amended petition was filed in the District
Court of Tulsa County, State of Oklahoma captioned "Chris
Gassen, individually and on behalf of all others similarly
situated, Plaintiff v. Shmuel Fledel, Jacob Gesthalter, Michael
Gorin, Giora Inbar, Avraham Ortal, Eran Goren, Limco, LIMC
Acquisition Company and TAT, Defendants."
The action, which purports to be on behalf of a class comprised
of the public stockholders of Limco, seeks relief against TAT,
Limco and Limco's Directors for alleged breaches of fiduciary
duty and other violations of state law in connection with the
merger.
Plaintiff claims, among other things, that the defendants are
attempting to sell Limco by means of an unfair process and for
an unfair price and that defendants have failed to disclose all
material information concerning the merger.
Plaintiff is seeking to enjoin the consummation of the merger,
monetary damages, and an award of costs, including attorneys'
fees.
TAT Technologies Ltd. -- http://www.tat.co.il/-- together with
its subsidiaries is engaged in the manufacture and sale of a
range of heat transfer equipment; remanufacture, overhaul and
repair of heat transfer equipment; maintenance, repair and
overhaul of auxiliary power units, propellers, landing gears and
related components; design, development and manufacture of
aviation and flow control accessories including fuel components,
secondary power systems, and various instrumentation and
electronic assemblies; long-term service contracts for the
maintenance and overhaul of certain airplane parts and
equipment, and production and development of precision electric
motors, mainly earmarked for the defense industries. The
company operates in four segments: original equipment
manufacturer (OEM)-Heat Transfer segment; OEM-Electric Motion
Systems segment; maintenance, repair and overhaul (MRO) segment,
and Parts segment.
TORCHMARK CORP: "Marlene Joseph" Suit v. Unit Dismissed in May
--------------------------------------------------------------
The class-action entitled "Marlene Joseph v. Liberty National
Life Insurance Company, Case No. 08-1:08-cv-22580," has been
dismissed, according to Torchmark Corporation's Form 8-K filed
with the Securities and Exchange Commission on June 25, 2009.
Liberty National Life Insurance Company is a subsidiary of
Torchmark.
A no-opt-out class action settlement was reached in the class
litigation filed on Sept. 17, 2008, in the U.S. District Court
for the Southern District of Florida.
This suit is substantially identical to the purported class
action styled, "Max Joseph, et al v. Liberty National Life
Insurance Company, Case No. 08-20117 CIV—Martinez."
On May 27, 2009, the District Court entered a final order and
judgment approving the settlement agreement and dismissing this
case with prejudice.
There were no objectors to the class settlement.
Torchmark Corp. -- http://www.torchmarkcorp.com/-- is an
insurance holding company, which through its subsidiaries,
markets primarily individual life and supplemental health
insurance and annuities, to middle income households throughout
the U.S. The company operates in two segments: insurance, which
includes the insurance product lines of life, health and
annuities, and investments, which supports the product lines.
TORCHMARK CORP: Unit Seeks to Nix Appeal on Closed "Joseph" Suit
----------------------------------------------------------------
The U.S. Circuit Court of Appeals for the Eleventh Circuit has
yet to rule on Liberty National Life Insurance Company's motion
to dismiss the appeal by the plaintiffs in the purported class-
action litigation styled, "Joseph v. Liberty National Life
Insurance Company, Case No. 08-20117 CIV – Martinez."
Liberty National Life Insurance Company is a subsidiary of
Torchmark Corporation.
On Jan. 18, 2008, purported class-action litigation was filed
against Liberty in the U.S. District Court for the Southern
District of Florida (Joseph v. Liberty National Life Insurance
Company, Case No. 08-20117 CIV - Martinez) on behalf of all
black Haitian-Americans who reside in Florida (including both
naturalized and alien persons) and who have or have had an
ownership interest in life insurance policies sold by Liberty
where it is alleged that Liberty issued and administered such
policies on a discriminatory basis because of their race and
Haitian ancestry, ethnicity or national origin.
The plaintiffs alleged an intentional plan on behalf of Liberty
to discriminate against the black Haitian-American community in
the formation, performance and termination of life insurance
contracts in violation of 42 U.S.C. Section 1981 and Section
1982 by target marketing and underwriting inquiries regarding
whether the applicant for insurance was Haitian, had traveled to
Haiti in the past or planned to do so at any time in the future
and, based upon such information, either denying the application
or issuing a substandard policy or in some instances it was
alleged, refusing to pay death benefits on issued policies.
The plaintiffs sought unspecified compensatory damages in excess
of $75,000, punitive damages, injunctive relief, attorneys' fees
and other relief.
After the death of one of the named class plaintiffs and the
Court's dismissal of that plaintiff's claims without prejudice,
the remaining two class plaintiffs elected to proceed with this
litigation on an individual basis.
On Jan. 22, 2009, the Court issued an Order granting Liberty's
Motion for Summary Judgment and closing the case. On April 20,
2009, these two individual plaintiffs filed a notice of appeal
with the Court and subsequently filed a motion for extension of
time on May 11, 2009. On May 27, 2009, the U.S. Circuit Court
of Appeals for the Eleventh Circuit granted these plaintiffs an
extension of time to file an initial brief. Liberty National's
motion to dismiss the appeal as untimely has not yet been ruled
on by the Eleventh Circuit, according to Torchmark Corporation's
Form 8-K filed with the Securities and Exchange Commission on
June 25, 2009.
Torchmark Corp. -- http://www.torchmarkcorp.com/-- is an
insurance holding company, which through its subsidiaries,
markets primarily individual life and supplemental health
insurance and annuities, to middle income households throughout
the U.S. The company operates in two segments: insurance, which
includes the insurance product lines of life, health and
annuities, and investments, which supports the product lines.
UNITED STATES: Officials Face Privacy Suit Over Stimulus Act
------------------------------------------------------------
Secretary of Health and Human Services Kathleen Sebelius, White
House Office of Health Reform Director Nancy-Ann Deparle, and
Administrator of the Centers for Medicare and Medicaid Services
Charlene Frizzera are facing a purported class-action lawsuit
alleging that the Stimulus Act signed into law by President
Barack Obama jeopardizes the privacy rights of the 65 percent of
Americans who aren't on Medicaid or Medicare by requiring
health-care providers to create an electronic health record of
every person in the United States, Barbara Leonard of The
Courthouse News Service reports.
The suit is captioned, "Heghmann et al v. Sebelius et al., Case
No. 1:2009-cv-05880." It was filed on June 25, 2009 in the U.S.
District Court for the Southern District of New York by Beatrice
M. Heghmann, a health-care professional who has never been
covered by Medicare and Medicaid.
According to Ms. Heghmann, who is represented by attorney Robert
Heghmann of Durham, N.H., because Title XIII of the Stimulus Act
aims to have everyone's medical histories in the system by 2014,
their personal health information would be a "mouse click away
from being accessible to an intruder," The Courthouse News
Service reported.
The registry would allegedly threaten the privacy of anyone who
enrolled in the public health plan established by Secretary
Sebelius, those not covered by Medicare or Medicaid, and anyone
who ever has or will provide personal health information to his
or her medical provider, according to The Courthouse News
Service.
Under the Health Insurance Portability and Accountability Act,
doctors can only release the "minimum necessary information" to
the government in special circumstances, such as an epidemic.
However, under the Stimulus Act, the authority to set that floor
would fall to Secretary Sebelius instead of a doctor, the
lawsuit claims. It also allows government officials to link a
person's medical information with other forms of personal
identification, such as a driver's license number or Social
Security number, Ms. Heghmann claims.
Ms. Heghmann says the $22 billion earmarked for the electronic
registry exists solely to obtain confidential health-care
information, reports The Courthouse News Service.
The Courthouse News Service reported that she is seeking an
injunction to protect personal health information and to prevent
the defendants from disbursing the $22 billion budgeted for the
Electronic Health Records System.
For more details, contact:
Robert A. Heghmann, Esq.
345 Packers Falls Road
Durham, NH 03824
Phone: 603-292-6400
UNITED STATES: Tex. Judge Approves Settlement of Passports Suit
---------------------------------------------------------------
Judge Randy Crane of the U.S. District Court for the Southern
District of Texas gave preliminary approval to a settlement
reached in a purported class-action lawsuit against the U.S.
State Department, The Associated Press reports.
The judge also gave the lawsuit brought by the American Civil
Liberties Union and an immigration attorney preliminary class
action status, according to AP.
Susan Carroll of The Houston Chronicle previously reported that
the ACLU had reached a settlement with the U.S. State Department
in a class-action lawsuit that was filed by passport applicants
whose births were attended by midwives (Class Action Reporter,
June 29, 2009).
Wary of fraudulent birth documents provided by some midwives,
the U.S. State Department had challenged the passport
applications of hundreds of border residents, according to The
Houston Chronicle.
A federal lawsuit filed in February alleged the State Department
made "burdensome" and "unreasonable" documentation demands of
applicants whose births were attended by midwives, reports The
Houston Chronicle.
According to a copy of the settlement agreement, which is
pending court approval, the State Department denied wrongdoing,
but agreed to a number of changes in its application review
process. Those changes include retraining employees who process
applications and setting up an automatic review process for
denials by a three-member panel, The Houston Chronicle reported.
The settlement also requires that the government review its list
of midwives suspected of birth certificate fraud to ensure there
is a "reasonable belief" that they were involved in wrongdoing,
The Houston Chronicle reports.
WASHINGTON MUTUAL: Still Faces Home Equity Credit Lines Lawsuit
---------------------------------------------------------------
Washington Mutual Bank, Henderson, Navada and JP Morgan Chase
Bank, N. A. continue to face a purported class-action lawsuit in
California alleging that it has been systematically reducing and
freezing customers' home equity credit lines, Hudson Valley
Press reports.
The suit was filed on June 10, 2009 in the U.S. District Court
for the Southern District of California by Michell Kimball under
the caption, "Kimball v. Washington Mutual Bank, Henderson,
Navada et al., Case No. 3:09-cv-01261-BEN-NLS."
It alleges that the bank used flawed automated valuation models
to intentionally understate home values so it could create a
pretext for freezing its customers' line-of-credit accounts,
according to a previous report by San Diego 6.
The plaintiff alleges that the banks are failing to live up to
their promises to use $700 billion in taxpayer funds to lend
money to cash-strapped home and business owners and are
squeezing consumers by freezing or reducing their home equity
lines of credit, reports San Diego 6.
Ms. Kimball said she first learned that Chase had frozen her
WAMU credit line when a check she had drawn on the account was
dishonored. According to her, the action by the bank threatened
her home and the viability of her small business, San Diego 6
reported.
After Ms. Kimball's lawyers intervened, Chase restored her
credit line but did not reimburse her for her losses, according
to her court papers, a copy of which was obtained by San Diego
6.
The suit seeks class-action treatment for Chase and Washington
Mutual's actions in the reductions, alleging that defendants
have intentionally used inaccurate formulas to produce low-ball
home valuations as a false justification for freezing thousands
of such credit lines, according to the Hudson Valley Press.
For more details, contact:
Alan Himmelfarb, Esq. (consumerlaw1@earthlink.net)
KamberEdelson LLC
2757 Leonis Blvd.
Los Angeles, CA 90058
Phone: 323-585-8696
Fax: 323-585-8198
New Securities Fraud Cases
OPPENHEIMER AMT-FREE: Stull Stull Files Securities Fraud Lawsuit
----------------------------------------------------------------
Stull Stull & Brody filed a class-action lawsuit in the
United States District Court for the District of New Jersey on
behalf of persons who purchased shares of Oppenheimer AMT-FREE
Municipals Fund (NASDAQ: OPTAX) (NASDAQ: OTFBX) (NASDAQ: OMFCX)
from May 13, 2006 through October 21, 2008. This action will be
transferred for pre-trial proceedings pursuant to an order of
the Joint Panel on Multi-District Litigation to the District of
Colorado.
The complaint alleges that Oppenheimer Funds, Inc. and
certain of its Trustees violated the Securities Act of 1933 by
issuing prospectuses which misled investors concerning the risks
of investing in the Fund. These undisclosed risks are alleged
to have been the cause of a severe decline in the value of the
Fund's shares, far exceeding the decline of competing municipal
bond funds.
A request for lead plaintiff status must satisfy certain
criteria and be made on or before July 13, 2009.
For more details, contact:
Howard T. Longman, Esq. (TSVI@AOL.COM)
Stull, Stull & Brody
6 East 45th Street
New York, N.Y. 10017
Phone: 1-800-337-4983
Asbestos Alerts
ASBESTOS LITIGATION: Hardie Has $17.4M Adjustment in Fiscal 2009
----------------------------------------------------------------
James Hardie Industries N.V.'s operating income in fiscal year
2009 includes US$17.4 million of favorable asbestos adjustments,
according to the Company's annual report, on Form 20-F, filed
with the Securities and Exchange Commission on June 25, 2009.
The Company's operating income also includes US$700,000 of
Asbestos Injuries Compensation Fund SG&A expenses and US$14
million of expenses related to the Australian Securities and
Investments Commission.
Fiscal year 2008 includes US$240.1 million of unfavorable
asbestos adjustments; US$4 million of AICF SG&A expenses; US$5.5
million of ASIC expenses; and US$71 million of impairment
charges.
James Hardie Industries N.V. manufactures fiber cement products
and systems for internal and external building construction
applications in the United States, Australia, New Zealand, and
the Philippines.
ASBESTOS LITIGATION: Hardie Has $1.3B AICF Liability at March 31
----------------------------------------------------------------
James Hardie Industries N.V. has recorded an asbestos liability
of US$1.3 billion in its consolidated financial statements as of
March 31, 2009, relating to its anticipated future payments to
the Asbestos Injuries Compensation Fund (AICF) under the amended
and restated Final Funding Agreement.
The Company's wholly owned Australian subsidiary, James Hardie
117 Pty Ltd, is required to make payments to a special purpose
fund that provides compensation for Australian asbestos-related
personal injury and death claims for which certain former
companies of the James Hardie Group are found liable.
On Nov. 21, 2006, JHI NV, the AICF, the Government of the State
of New South Wales, Australia, and the Performing Subsidiary
entered into the Amended FFA to provide long-term funding to the
AICF, a special purpose fund that provides compensation for
Australian asbestos-related personal injury and death claims for
which certain former companies of the James Hardie Group,
including ABN 60 Pty Limited, Amaca Pty Ltd and Amaba Pty Ltd
are found liable.
The initial funding contribution of AUD184.3 million (US$145
million at the time of payment) was made to the AICF in February
2007. No contribution was required to be made under the Amended
FFA in fiscal year 2008.
Further contributions were made on a quarterly basis in July and
October 2008 and in January and March 2009, totaling AUD118
million (inclusive of interest). Under the terms of the Amended
FFA, the Company is not required to make a contribution to the
AICF in fiscal year 2010.
James Hardie Industries N.V. manufactures fiber cement products
and systems for internal and external building construction
applications in the United States, Australia, New Zealand, and
the Philippines.
ASBESTOS LITIGATION: Hardie Cites $2.2M for Research at March 31
----------------------------------------------------------------
Other net James Hardie Industries N.V. liabilities include a
provision for asbestos-related education and medical research
contributions of US$2.2 million at March 31, 2009 and US$3.3
million at March 31, 2008.
Also included in other net liabilities are the other assets and
liabilities of the Asbestos Injuries Compensation Fund (AICF)
including trade receivables, prepayments, fixed assets, trade
payables and accruals.
These other assets and liabilities of the AICF were a net asset
of US$200,000 at March 31, 2009 and a net liability of
US$100,000 at March 31, 2008. During the year ended March 31,
2009, there was a US$800,000 favorable effect of foreign
currency exchange on the other net liabilities.
James Hardie Industries N.V. manufactures fiber cement products
and systems for internal and external building construction
applications in the United States, Australia, New Zealand, and
the Philippines.
ASBESTOS LITIGATION: 26 Injury Cases Ongoing v. Ameron at May 31
----------------------------------------------------------------
Ameron International Corporation faced 26 asbestos-related cases
as of May 31, 2009, compared with 24 cases as of March 1, 2009,
according to the Company' quarterly report filed with the
Securities and Exchange Commission on June 26, 2009.
The Company is a defendant in a number of asbestos-related
personal injury lawsuits. These cases generally seek unspecified
damages for asbestos-related diseases based on alleged exposure
to products previously manufactured by the Company and others.
During the quarter ended May 31, 2009, there were five new
asbestos-related cases. One case was dismissed, two cases were
settled, no judgments were recorded, and aggregate net costs and
expenses were US$141,000.
Pasadena, Calif.-based Ameron International Corporation makes
highly-engineered products and materials for the chemical,
industrial, energy, transportation and infrastructure markets.
It has businesses in North America, South America, Europe and
Asia and has three reportable segments: Fiberglass-Composite
Pipe Group, Water Transmission Group, and Infrastructure
Products Group.
ASBESTOS LITIGATION: DuPont Workers Claim Exposure in Argentina
----------------------------------------------------------------
Three former workers at a DuPont Co. nylon facility in
Argentina, on June 24, 2009, sued the Company claiming it failed
to protect them from asbestos that left them seriously ill, The
Canadian Press reports.
The plaintiffs claim that DuPont has known of the dangers of
asbestos exposure for decades but that workers at the plant in
Mercedes, Argentina, were exposed to the substance as recently
as 2004, before the plant was sold.
The workers identified in the complaints are Juan Carlos Laborda
(68), Ceferino Ramirez (76), and Cristian DeMatei (35).
According to the complaint, Mr. DeMatei began working in
maintenance at the plant in 1991, when he was about 17, and was
exposed to asbestos over an 11-year period.
Mr. Ramirez, who claims to suffer from asbestos-related
laryngeal cancer, worked at the plant from 1961 through 1993,
while Mr. Laborda, who also claims to have asbestos-related
cancer, was employed there from 1968 to 1980.
Thomas Crumplar, Esq., who represents the men, accused DuPont of
a double standard, protecting workers in this country from
asbestos exposure while exporting the industrial danger to
overseas workers.
Mr. Crumplar said asbestos was used to insulate pipes in the
plant, where significant heat was involved in the production of
nylon. He noted, however, that DuPont eliminated asbestos at a
nylon plant in Delaware in the early 1970s, describing the
situation as "a tale of two cities and two different standards."
According to the lawsuits, all three men suffer from asbestosis
and two also have asbestos-related cancers.
DuPont spokesman Dan Turner issued a statement saying the
Company has not reviewed the filings and could not comment on
details, but that the safety and health of its employees,
neighbors and community is DuPont's highest priority.
Mr. Crumplar said Delaware courts have previous experience
dealing with cases of international asbestos exposure. He added
that he expects to file several more lawsuits on behalf of other
Argentine workers and their widows.
ASBESTOS LITIGATION: 369 Exposure Cases Filed in Ill. at June 19
----------------------------------------------------------------
A total of 369 asbestos claims were filed in Madison County,
Ill., as of June 19, 2009 and a total of 639 claims were filed
in 2008, The Madison St. Clair Record reports.
Most Madison County asbestos claimants are from out of state.
Most cases are brought by SimmonsCooper of East Alton, Ill., or
Gori, Julian and Associates of Alton, Ill.
In one week alone, June 8, 2009 through June 12, 2009, there
were 29 new cases filed. Several of those were brought by an
attorney who had not recently filed asbestos cases in Madison
County, the wife of U.S. District Judge Patrick Murphy.
Patricia S. Murphy of Energy, Ill., filed eight new claims on
behalf of former oil workers - Illinois residents - claiming
asbestosis. The suits name oil and drilling companies.
After reaching a peak in 2003, at 953 cases, the number of new
asbestos claims filed in Madison County steadily declined, until
2007.
In 2007, 455 asbestos suits were filed. In 2008, the number
increased again, to 639.
Madison County Circuit Judge Daniel Stack presides over the
asbestos docket.
ASBESTOS LITIGATION: GM Urged to Accept Vehicle Liability Suits
----------------------------------------------------------------
Creditors of General Motors Corporation, on June 24, 2009, says
the new GM must accept some responsibility for product liability
lawsuits and other legal claims, the Detroit Free Press reports.
The Official Committee of Unsecured Creditors emphasized it
backed the plan for GM to quickly sell most of its assets to a
new company that would be 60.8 percent-owned by the federal
government.
However, it said the plan as conceived by GM and the Obama
administration ran afoul of bankruptcy law by attempting to free
GM from an estimated US$2.2 billion in legal liabilities,
including vehicle defect, employee and asbestos-related claims.
The creditors also said the federal government needed to
guarantee it would pay for the costs of running GM's bankruptcy.
The government's US$30.1-billion loan to the new GM includes
US$950 million for managing GM's bankruptcy and the liquidation
of old GM.
GM has asked U.S. Bankruptcy Judge Robert Gerber to spare the
new GM from any product liability lawsuits from GM vehicles on
the road. Under the sale, any current and future claims from
those vehicles would have to be contested with "old GM," the
remaining assets that GM will sell off over the next few years.
New GM will take responsibility for warranties and government-
ordered recalls on all existing GM vehicles, and will be liable
for lawsuits over vehicles it sells after the deal is closed,
likely in July 2009.
The creditors committee said the most recent financial data from
GM showed estimated liabilities of US$934 million for vehicle
claims, US$627 million for asbestos claims, US$307 million for
other lawsuits, and US$294 million for environmental claims.
The committee contends that even if the court allows the new GM
to avoid all current lawsuits, GM has no legal right to bar
future lawsuits or asbestos claims.
ASBESTOS LITIGATION: Aussie Court Favors Ford in Lo Presti Claim
----------------------------------------------------------------
The West Australian Court of Appeal, on June 26, 2009, ruled in
Ford Motor Company's favor, saying the Company only had to pay
between 50 and 60 percent of mechanic Antonino Lo Presti's legal
fees for his asbestos claim, the Associated Press reports.
Mr. Lo Presti, who died at the age of 59 in April 2009, became
the first motor mechanic in Australia to win a successful
negligence verdict against a car company for asbestos exposure
when the WA Supreme Court in February 2008 ruled he was entitled
to compensation.
The court awarded Mr. Lo Presti AUD840,000 in damages for
exposure to asbestos when he used an air compressor to blow out
brake lines and drums while a mechanic at Ford dealerships in
the 1970s and 1980s. However, the Supreme Court ordered Ford had
to pay a percentage of Mr. Lo Presti's costs.
Mr. Lo Presti's family appealed against the costs decision,
saying the trial - brought after Ford rejected an offer to
settle for AUD450,000 - left Mr. Lo Presti with a legal bill of
hundreds of thousands of dollars and argued Ford's rejection was
unreasonable.
The legal proceedings began in 2002, two years after Mr. Lo
Presti was diagnosed with fatal lung disease.
ASBESTOS LITIGATION: Kirn Memorial's Abatement to Cost $593,000
----------------------------------------------------------------
The abatement and disposal of asbestos at Kirn Memorial Library
in Norfolk, Va., is estimated at US$593,000, The Virginian-Pilot
reports.
Kirn Memorial is being readied for demolition for a light-rail
station, which will be operated by Hampton Roads Transit.
The US$593,000 was added on June 25, 2009 and the total
demolition contract now totals US$1.5 million. Norfolk
councilman and HRT board member W. Randy Wright said the overall
light-rail budget, US$288 million, will not change.
Even before the change, the demolition contract with S.B. Cox
Inc. was triple the original projections - all because of
asbestos. The contract covers razing Kirn Memorial on City Hall
Avenue as well as the Baylor Building on York Street, which is
now gone.
Crews will use an excavator to knock down the 47-year-old former
main library, beginning on July 6, 2009. The site will be
cleared by the end of August 2009, said Fred Schneader, HRT's
senior vice president for construction.
HRT is partnering with the city to build a 7.4-mile light-rail
line beginning at the medical center near Brambleton Avenue,
going through downtown and reaching the city line at Newtown
Road. The line is projected to open in late summer or early fall
of 2010.
ASBESTOS LITIGATION: GM OK'd to Use $33.3B to Pay for Bankruptcy
----------------------------------------------------------------
General Motors Corporation, on June 25, 2009, was allowed to use
up to US$33.3 billion to pay for its bankruptcy, after making a
few changes to settle technical objections, USA Today reports.
U.S. Bankruptcy Judge Robert Gerber approved the financing after
Harvey Miller, Esq., GM's lead bankruptcy attorney, said the
Company had made some small changes to settle concerns of
creditors and local governments.
About US$30.1 billion of the money comes from the U.S. Treasury,
with the additional money coming from the Canadian government.
The U.S. Treasury also added a clause that Judge Gerber accepted
stating it was legal for the government to pay for GM's
bankruptcy using money from the US$700 billion financial
industry bailout.
The US$30.1 billion for GM from the federal government comes on
top of US$19.4 billion lent to GM to keep the automaker from
collapse in 2009. The Treasury will own 60.8 percent of the new
GM when it emerges from bankruptcy protection, a stake the Obama
administration officials have said they want to sell as quickly
as possible.
Also on 25, 2009, Judge Gerber denied a request from an
unofficial committee of people with asbestos-related claims
against GM to appoint a "tort czar" that would oversee all
future claims against the old GM, not just those related to
asbestos.
The asbestos group had previously filed a motion requesting
formal committee status, but told the court that it was no
longer pursuing that. The group has one representative on the
case's unsecured creditors committee.
ASBESTOS LITIGATION: ASARCO Allowed to Pursue Legal Expense Case
----------------------------------------------------------------
In a ruling dated June 20, 2009, the law firm of Anderson Kill &
Olick PC says that a court in Texas allowed ASARCO LLC to pursue
a claim for recovery of millions of dollars in legal expenses
stemming from asbestos claims, ClaimsJournal.com reports.
Anderson Kill says that Fireman's Fund Insurance Company (FFIC)
has been denied the motion in the Texas state court. The ruling
came in ASARCO LLC, et al. v. Fireman's Fund Ins. Co., et al.,
No. 01-2680-D.
FFIC's motion argued that the policy language "unambiguously"
gave it sole discretion to decide if it wished to pay any legal
expenses at all, the Anderson Kill announcement stated. FFIC had
maintained that legal expenses "incurred by the policyholder
will be borne by FFIC only if they are incurred with FFIC's
consent."
Judge J. Manuel Banales of the 105th Judicial District Court of
Nueces County, Tex., denied the motion.
The ruling preserves for trial the issue of FFIC's obligation to
pay ASARCO's legal expenses, enabling ASARCO to pursue its claim
for recovery of legal expenses in excess of policy limits. It
may mean the recovery for ASARCO of millions of dollars of
insurance coverage in addition to the US$60 million combined
limits of the insurance policies that FFIC sold to ASARCO.
The ruling follows a March 11, 2009, ruling from the same court
granting partial summary judgment to ASARCO. In that motion,
ASARCO had taken the position that an "asbestosis" exclusion in
FFIC's policies bars coverage only for asbestosis claims and
does not bar coverage for claims involving mesothelioma, lung
cancer, pleural plaques or any other asbestos-related disease.
At issue in the coverage action is a determination of insurance
coverage for past, present and future asbestos liabilities.
Tucson, Ariz.-based ASARCO LLC is a copper mining company that
declared bankruptcy in 2005.
ASBESTOS LITIGATION: UI Spends Under $100T for Cleanup, Repairs
----------------------------------------------------------------
The University of Idaho spends under US$100,000 for repairs and
asbestos abatement to ready the residence of the school's new
president, Duane Nellis, and his wife, Ruthie, the Associated
Press reports.
The residence was built in 1967. Workers have uncovered asbestos
tiles, walls needed to be painted, and carpets needed to be
replaced.
University spokeswoman Tania Thompson says money for the work is
coming from discretionary funds in the president's office
budget.
Mr. Nellis is scheduled to officially start work on July 1,
2009.
ASBESTOS LITIGATION: Notts Metal Worker Death Linked to Exposure
----------------------------------------------------------------
An inquest at the Nottingham Coroner's Court heard that the
death of former metal worker, Alfred Roy Martin, was linked to
exposure to asbestos, the Evening Post reports.
The 80-year-old Mr. Martin, of Arnold, Nottinghamshire, England,
died on May 4, 2009. He was suffering from mesothelioma.
Nottinghamshire coroner Dr. Nigel Chapman recorded a verdict of
industrial disease at the inquest.
ASBESTOS LITIGATION: Portsmouth Worker Death Linked to Exposure
----------------------------------------------------------------
A Portsmouth Guildhall inquest heard that the death of Michael
Foster, a former dockyard worker, was linked to exposure to
asbestos, The News reports.
Mr. Foster started an apprenticeship as a teenager in Portsmouth
Dockyard, located in Portsmouth, England, in the 1950s.
The inquest heard that during that time, Mr. Foster, who died at
the age of 66 years old, fitted ships when they came into dry
dock.
Mr. Foster told his daughter asbestos was everywhere when they
were working in confined spaces in the ships. He said that
dockyard workers would pack the asbestos into snowballs and
throw them at each other as well as eat their lunch where the
asbestos was.
Mr. Foster developed a persistent cough in late 2007 and died on
April 14, 2008 in St. Mary's Hospital in Portsmouth.
Coroner David Horsley recorded a verdict of death by industrial
disease.
ASBESTOS LITIGATION: Mansfield Local's Death Linked to Exposure
----------------------------------------------------------------
An inquest heard that the death of 63-year-old electrician John
Collins, of Mansfield, Nottinghamshire, England, was linked to
exposure to asbestos, the Evening Post reports.
Mr. Collins died of mesothelioma at King's Mill Hospital on May
24, 2009. He worked as an electrician at Pleasley Vale Mills
from 1960 to 1987.
Nottinghamshire Coroner Dr. Nigel Chapman recorded a verdict of
death from industrial disease at Nottingham Coroner's Court.
ASBESTOS LITIGATION: Court Issues Split Ruling in Lone Star Case
----------------------------------------------------------------
The Supreme Court of Connecticut issued split rulings in the
case involving asbestos styled Liberty Mutual Insurance Company
v. Lone Star Industries, Inc., et al.
Judges Fleming L. Norcott, Jr., Richard N. Palmer, Christine S.
Vertefeuille, William J. Sullivan, and Sheldon entered judgment
in Case No. March 24, 2009.
In this appeal, the Supreme Court considered numerous insurance
coverage issues arising from asbestos and silica related injury
and illness claims made against Lone Star Industries, Inc., in
the wake of a settlement agreement entered into during its
bankruptcy reorganization proceedings.
Liberty Mutual brought this declaratory judgment action against
Lone Star and numerous codefendant insurance companies that had
issued liability policies covering Lone Star, to determine the
coverage available for certain asbestos and silicosis claims
brought against it.
On appeal, Lone Star contended that the trial court improperly
granted numerous defendants' motions for summary judgment
because there were genuine issues of material fact with respect
to the applicability of the policy exclusions upon which they
relied.
The Supreme Court agreed with Lone Star's claims in part, and
concluded specifically that the trial court improperly granted
the motions for summary judgment filed by American Home,
Hartford Accident and National Union.
The Supreme Court dismissed Lone Star's appeal with respect to
TIG for lack of a final judgment. The Court further concluded
that a remand to the trial court is necessary to determine a
question of subject matter jurisdiction, namely, whether the
coverage claims under the excess policies issued by Lexington
are ripe for judicial review.
Accordingly, the Supreme Court reversed in part the judgment of
the trial court and remanded the case to that court for further
proceedings.
Charles D. Ray, Esq., Charles T. Lee, Esq., Jennifer A. Black,
Esq., James F. DeDonato, Esq., Catherine A. Mohan, Esq.,
Jennifer B. Strutt, Esq., Frank H. Griffin III, Esq., and Philip
W. Vogler, Esq., represented Lone Star.
Robert L. Hoegle, Esq., Christopher P. Kriesen, Esq., Scott D.
Camassar, Esq., Kenneth G. Williams, Esq., Mary S. Diemer, Esq.,
and Timothy J. Fitzgibbon, Esq., represented Liberty Mutual.
ASBESTOS LITIGATION: D.C. Court Affirms Ruling in Ashland Action
----------------------------------------------------------------
The District of Columbia Court of Appeals affirmed the ruling of
the Superior Court of the District of Columbia, which affirmed
an arbitrator's award in a case styled Certain Underwriters at
Lloyd's London, and Certain London Market Insurance Companies,
Appellants v. Ashland, Inc., Appellee.
Judges Eric T. Washington, John R. Fisher, and Warren R. King
entered judgment in Case No. 07-CV-1004 on March 12, 2009.
Certain Underwriters at Lloyd's, London and Certain London
Market Insurance Companies (collectively, the "London
Insurers"), appealed the trial court's decision affirming an
arbitrator's award in favor of Ashland, Inc.
The arbitrator ruled that s 7(g) of a Coverage-in-Place
Agreement (CIP Agreement) between the parties placed a US$10
million cap on payments owed by the London Insurers to Ashland
in any given year. The arbitrator also ruled that the London
Insurers were required to pay interest on any payments rolled
over based on the cap imposed by s 7(g).
The London Insurers argued that the trial court erred in
affirming the arbitrator's decision because the arbitrator
exceeded his authority in ruling on the s 7(f) interest issue,
which the London Insurers argued was not properly submitted to
the arbitrator. The London Insurers also argued that the trial
court erred in affirming the arbitrator's decision because the s
7(f) interest issue was too speculative and too remote, and
therefore did not present a live case or controversy.
Riley Stoker Corporation, a manufacturer of industrial boilers
and a subsidiary of Ashland, has been named as a defendant in
thousands of lawsuits that allege bodily injuries arising from
exposure to asbestos contained in commercial boilers
manufactured, installed, maintained and/or repaired by Riley
Stoker.
Liberty Mutual Insurance Company provided the primary insurance
for Riley Stoker's asbestos products claims, while the London
Insurers provided all or most of the excess insurance. In 1996,
Ashland approached the London Insurers regarding insurance
coverage for asbestos claims upon exhaustion of Liberty Mutual
Insurance Company's primary coverage.
On April 21, 1998, the London Insurers and Ashland entered into
a CIP Agreement regarding insurance coverage for asbestos claims
against Riley Stoker.
In 2001, the London Insurers determined that Ashland's billing
statements under the CIP Agreement for that year might reach the
s 7(g) US$10 million cap for the first time. On Dec. 20, 2002,
the London Insurers informed Ashland that it would invoke s 7(g)
of the CIP Agreement to roll forward all payments due in 2002
in excess of the US$10 million limit to the next year. The
London Insurers and Ashland disputed the meaning of s 7(g) of
the CIP Agreement.
The London Insurers contended that payments from the London
Insurers to Ashland were capped at US$10 million per year, with
the excess rolled over to the following year for payment,
subject to that year's cap.
While this dispute was ongoing, Ashland sent quarterly invoices
to the London Insurers that billed the London Insurers for both
the principal amounts that it believed were owed under the CIP
Agreement and for interest on the principal that had been rolled
over under s 7(g) of the CIP Agreement. The London Insurers
disputed their obligation to pay interest on principal amounts
due under s 7(g) of the CIP Agreement in letters dated Feb. 11,
2003, July 16, 2003, May 12, 2004, Aug. 20, 2004, Feb. 1, 2005,
and May 24, 2006.
In these letters, the London Insurers argued that they did not
owe interest on unpaid principal amounts because "by operation
of the annual cap, these amounts could not have been paid, even
if they were proven."
P. Andrew Torrez, Esq., Martin S. Himeles, Jr., Esq., Robert M.
Flannery, Esq., and Robert W. Hesselbacher, Jr., Esq.,
represented the appellants.
John M. Sylvester, Esq., Jeffrey A. Vitek, Esq., David T. Case,
Esq., and Brendon P. Fowler in Washington, represented Ashland,
Inc.
ASBESTOS LITIGATION: Court Denies Remand Motion in Hamrick Case
----------------------------------------------------------------
The U.S. District Court, Southern District of West Virginia,
denied Wanda Hamrick's motion to remand in an asbestos lawsuit
filed on behalf of her late husband, Charles E. Hamrick against
various defendants.
Judge John T. Copenhaver entered judgment in Civil Action No.
2:05-0286 on April 20, 2009.
On Feb. 4, 2005, the Hamricks instituted a tort action in the
Circuit Court of Kanawha County. On April 6, 2005, defendant
Pratt & Whitney removed.
The Hamricks sought "damages for injuries sustained by ...
[them] as a result of [Mr. Hamrick's] ... exposure to asbestos
fibers" arising out of "defendants' failure to warn of the
dangers of asbestos exposure." The Hamricks contended that Mr.
Hamrick developed mesothelioma as a result of the asbestos
exposure.
Mrs. Hamrick alone now prosecuted this action, in both her
individual capacity and as executrix of Mr. Hamrick's estate.
She did not challenge the allegation.
In his March 7, 2005, deposition, Mr. Hamrick testified that he
was exposed to asbestos through work on aircraft operated and
flown by the U.S. Air Force. All of his exposure has taken place
on United States Air Force bases.
Prior to a ruling on the remand motion, this action was
transferred to the Eastern District of Pennsylvania by the
Judicial Panel on Multidistrict Litigation.
Mrs. Hamrick filed a motion to remand on June 20, 2005.
Following the Oct. 9, 2008, conditional remand order by the U.S.
District Court for the Eastern District of Pennsylvania, Mrs.
Hamrick was directed to advise the court by Dec. 3, 2008, if her
motion to remand remained in controversy or if it had been ruled
upon by the transferee court. Mrs. Hamrick advised that the
motion remained in controversy.
Bruce E. Mattock, Esq., Cindy Stine, Esq., David P. Chervenick,
Esq., Diana Nickerson Jacobs, Esq., Jason T. Shipp, Esq., Lee W.
Davis, Esq., and Scott S. Segal, Esq., represented Mrs. Hamrick.
ASBESTOS LITIGATION: Appeal Court Affirms Ruling in Nadrich Case
----------------------------------------------------------------
The Court of Appeal, Second District, California, affirmed the
ruling of the Superior Court of Los Angeles County, which
granted summary judgment in favor of Jeff Ira Nadrich, Randal
Neal Cohen and the law firm of Nadrich & Cohen, LLP.
The case is styled Joseph Daniel Davis, Plaintiff and Appellant
v. Jeff Ira Nadrich et al., Defendants and Respondents.
Judges Richard D. Aldrich, Joan D. Klein, and H. Walter Croskey
entered judgment in Case No. B202868 on April 27, 2009.
Joseph Daniel Davis, an attorney, was a partner in a law firm
with John C. Heubeck. On appeal, Mr. Davis claimed that Mr.
Nadrich interfered with the Davis/Heubeck partnership agreement
by referring cases to Mr. Heubeck, personally. Mr. Davis
appealed from a summary judgment entered in favor of Mr. Nadrich
and in favor of Mr. Cohen and the law firm of Nadrich & Cohen,
LLP.
Mr. Davis' law practice primarily focused on asbestos
litigation. He was in a law partnership named Davis & Thomas.
While that firm was winding down, Mr. Davis entered into a 1999
oral agreement with Mr. Heubeck.
Mr. Heubeck and Mr. Davis formed the law partnership of Davis &
Heubeck to represent plaintiffs in asbestos-related or toxic
tort litigation. They did not agree to remain partners until the
expiration of a definite term or the completion of a particular
undertaking. Each partner had the right to end the partnership
and to begin the period of winding-up the firm. The agreement
provided that Mr. Davis was to be the trial attorney, receiving
60 percent of the profits.
The scope of the Davis & Heubeck partnership did not include the
unfinished business from Davis & Thomas. Eventually, Davis &
Heubeck leased space at 10100 Santa Monica Boulevard, Los
Angeles, Calif.
On July 19, 2005, Mr. Davis filed the instant lawsuit against
Mr. Heubeck, Mr. Nadrich, Mr. Cohen, and Nadrich & Cohen, LLP.
Mr. Davis' Nov. 30, 2005, first amended complaint alleged six
causes of action.
Mr. Davis alleged that under a December 1999 oral contract he
formed a partnership with Mr. Heubeck to carry on the practice
of law representing plaintiffs regarding asbestos-related
injuries.
Nadrich, Cohen, and Nadrich & Cohen, LLP moved for summary
judgment. The trial court granted the motion and judgment was
entered in favor of Nadrich, Cohen, and Nadrich & Cohen, LLP.
Mr. Davis appealed from the judgment.
Mr. Heubeck also sought summary judgment. The trial court denied
the motion as to Mr. Heubeck, and the case against Mr. Heubeck
proceeded to trial.
Joseph Daniel Davis, Esq., and Charlotte E. Costan, Esq.,
represented Plaintiff and Appellant.
Law Offices of John C. Heubeck and John C. Heubeck, Esq.,
represented Defendants and Respondents.
ASBESTOS LITIGATION: Court Upholds Ruling in Bonnifield Lawsuit
----------------------------------------------------------------
The Court of Appeal, Second District, California, affirmed the
ruling of the Los Angeles County Superior Court, which granted
summary judgment in favor of Chevron Corporation in an asbestos
lawsuit filed by the estate of James A. Bonnifield.
The case is styled James A. Bonnifield et al., Plaintiffs and
Appellants v. Chevron Corporation, Defendant and Respondent.
Judges William J. Bauer, Laurence D. Rubin, and Patricia A.
Bigelow entered judgment in Case No. B206255 on April 27, 2009.
Mr. Bonnifield died of asbestos related cancer after working in
an oil field operated by a subsidiary of Texaco, Inc. His
children and his estate brought this wrongful death action in
2006 against Chevron and others, alleging that Chevron had
merged with Texaco and was therefore its successor in interest.
Chevron moved for summary judgment on the ground that it was not
liable for any damages caused by Texaco, because Texaco was an
independent subsidiary of Chevron.
The estate contended that it has raised a triable issue of fact
as to whether there was a merger or consolidation of the two
companies, causing Chevron to undertake Texaco's liabilities.
The estate also contended that it raised triable issues relating
to quasi-estoppel, de facto merger, alter ego, and implied
assumption by Chevron of Texaco's liabilities.
The Appeal Court rejected the estate's contentions and affirmed
the trial court's judgment.
Peters & Peters and Barbara J. Peters, Esq., represented
Plaintiffs and Appellants.
ASBESTOS LITIGATION: 1,063 Japanese Workers Eligible for Payout
----------------------------------------------------------------
A survey showed by Japan's Ministry of Health, Labour, and
Welfare on June 29, 2009 says that 1,063 people were eligible
for workers' compensation as sufferers of asbestos-linked
diseases like mesothelioma in fiscal 2008 as they were affected
by asbestos while working, Japan Today reports.
According to the Ministry, the figure was up 6.1 percent from
the previous fiscal year, although it was less than the record
1,784 in fiscal 2006.
In the reporting fiscal year, 1,268 people applied for workers'
compensation due to health problems caused by asbestos, up 12.5
percent from fiscal 2007, of whom 560 were diagnosed as
mesothelioma and 503 as lung cancer, the Ministry said.
The survey showed that most of the victims were from the
construction and manufacturing industries.
ASBESTOS LITIGATION: Hazard at Rantoul School Slated for Cleanup
----------------------------------------------------------------
Thermal asbestos will be removed from the walls of the
Broadmeadow Elementary School in Rantoul, Ill., the Mesothelioma
& Asbestos Awareness Center reports.
With the recent approval of a Champaign County sales tax for
local schools, funding is now being raised to purchase and
install air conditioners at the school.
The school district plans to spend US$12.5 million to US$13.5
million on the building improvement project, which will cover
the four elementary schools and the junior high school. In
addition to the air conditioners, new windows will be installed,
and asbestos will be removed.
The problem of asbestos materials in aging school buildings in
the United States is nothing new. However, due to the generally
high cost of asbestos abatement and the replacement of asbestos
materials, like floor or ceiling tiles or insulation, school
districts often delay asbestos removal for as long as possible
due to budget constraints.
ASBESTOS LITIGATION: Korean Gov't. to Enforce Ban in Sept. 2009
----------------------------------------------------------------
The South Korean Government decided to enforce a ban on the use
of asbestos in all manufactured products starting September
2009, The Chosun Ilbo reports.
The new policy was prompted by the detection in April 2009 of
the material in some products such as rubber balloons and
bicycle brake pads.
According to standards released on June 29, 2009 by the Korean
Agency for Technology and Standards under the Ministry of
Knowledge Economy, manufacturers will be completely banned from
using asbestos for manufactured products for children or for
products such as balloons, chalk and brake pads where particles
can rub loose and touch skin.
The asbestos content for other manufactured products will be
restricted to less than 0.1 percent. In case of paint and
wallpaper which use talc at the raw material stage, the Ministry
will compel manufacturers to get a public certificate proving
that raw talc contains less than one percent asbestos.
ASBESTOS LITIGATION: Remaining Locals Urged to Vacate Wittenoom
----------------------------------------------------------------
The remaining residents of Wittenoom, Western Australia, are
still asked to leave town as they can expect to get an improved
offer of more money from the State Government to persuade them
to vacate the asbestos-contaminated area, The West Australian
reports.
Only eight residents live in Wittenoom permanently. However,
many tourists pass through on their way to visit Karijini
National Park.
Regional Development Minister Brendon Grylls said the offer was
"working its way through the system" and he hoped it could be
presented some time this year. However, he played down any move
to compulsorily acquire the properties should the residents
refuse to sell. The previous Labor government recommended
compulsory acquisition if residents refused to move.
They were offered about AUD40,000 for each property and other
assistance of up to AUD14,000, as well as access to a shared–
equity scheme to help them relocate.
News of an improved cash offer comes two years after the
authorities stepped up efforts to close Wittenoom because of the
health risks they say remain from the previous mining of blue
asbestos in nearby gorges.
Residents have lost all their amenities and servicing by
government agencies and have to rely on solar and diesel-powered
generators for power but they have steadfastly rejected cash
offers to leave.
ASBESTOS LITIGATION: Abatement at Whitehaven Site to Cost GBP20T
----------------------------------------------------------------
The removal of asbestos at the former Ginns depot at Whitehaven,
Cumbria, England, is estimated at GBP20,000, News & Star
reports.
The Council of the Borough of Copelnd must decide whether to
spend an extra GBP30,000 to demolish the site, which would make
way for a business, leisure and housing development. The work
was originally predicted to cost GBP50,000 but that figure has
now been revised to GBP80,000.
The depot was formerly the base for Copeland Council's works
departments and has been empty for five years.
After detailed investigations, the cost of bulldozing the site
is calculated to be GBP30,000 more than first thought. The extra
cash is needed to remove concrete ground slabs, which were
originally to be left in place, and an underground fuel tank,
which may need to have gas removed.
A report says that GBP50,000 is estimated for demolition and
removal of the fuel tank and GBP5,000 for fencing, the report
says.
The demolition is expected to take about three months. The move
would help the Council avoid paying a GBP16,000 rates bill on
the building. It has previously benefited from rate relief
applied to empty commercial properties but since April 2008 that
relief has been stopped and the annual rates bill for the Ginns
depot is now GBP16,000.
ASBESTOS LITIGATION: Dodds Calls For Reforms in Compensation Law
----------------------------------------------------------------
Nigel Dodds, Northern Ireland's Minister of Finance and
Personnel, on June 29, 2009, called for changes in the law to
widen the access to compensation for people exposed to asbestos,
the Belfast Telegraph.
Mr. Dodds is to recommend the Executive back a reform to allow
people with pleural plaques to claim compensation.
People with pleural plaques were able to claim compensation
until a House of Lords ruling in 2007 effectively barred any
such claims being brought to court.
The Department of Finance and Personnel carried out a
consultation on the issues, while Mr. Dodds also heard
individual testimonies about the high level of anxiety
associated with a diagnosis of pleural plaques and the suffering
of those who lost friends and colleagues to asbestos-related
diseases.
Mr. Dodds said, "Having heard those testimonies, I have decided
to recommend a change to the law to allow those who have been
negligently exposed to asbestos and who have been diagnosed with
pleural plaques to claim compensation."
ASBESTOS LITIGATION: Lawyer Cites Dangers of Vermiculite Lining
----------------------------------------------------------------
Joseph W. Belluck, Esq., says the presence of attic insulation
made from asbestos-contaminated vermiculite in millions of homes
and businesses underscores the need for caution and public
education to avoid exposure, according to a Belluck & Fox, LLP
press release dated June 28, 2009.
Mr. Belluck is a partner at the law firm of New York-based
Belluck & Fox, LLP.
Mr. Belluck said, "Many people could be exposing themselves to
dangerous asbestos fibers when they go to the attic, if they're
not careful. The U.S. Environmental Protection Agency's new
public education campaign on vermiculite insulation is a
reminder of how widespread this type of insulation remains, even
today."
Vermiculite insulation was a popular, pebble-like pour-in
insulation sold under the brand name Zonolite until sales were
discontinued in the 1980s. It is usually gray-brown or silver-
gold in color. The EPA has estimated that from 15 to 52 million
homes have Zonolite attic insulation.
The insulation marketed under this brand name had vermiculite
from a mine near Libby, Mont., that produced most of the U.S.
supply for much of the 20th century. The vermiculite was
contaminated with microscopic asbestos fibers, according to the
EPA Web site.
As long as vermiculite insulation is undisturbed, the EPA says
it poses no risk and does not need to be removed. If a home
remodeling project involves removal of insulation, the EPA
recommends that a trained asbestos removal professional be used
to ensure the material is handled properly.
Mr. Belluck added, "If you have vermiculite insulation, the
proper precaution is to assume it contains asbestos. Rule one is
leave it alone. Don't store boxes or suitcases in the attic if
removing them will disturb the insulation. And never attempt to
remove it yourself."
ASBESTOS LITIGATION: $300T Estimated for Cleanup at Mendota Site
----------------------------------------------------------------
Wisconsin Health Services Department spokesman Seth Boffeli says
that the cost of asbestos removal at the hospital of the Mendota
Mental Health Institute campus in Madison, Wis., is about
US$300,000, the Wisconsin State Journal reports.
State contractors say it will cost almost US$6.5 million to
renovate the hospital, twice as much as what a Madison
affordable housing developer projected. However, the
contractors, who were hired on May 27, 2009 by the Department of
Administration for US$2,730, did not talk to Madison developer
Gary Gorman or Catholic Charities of Madison, the ultimate
tenant.
In the summer of 2008, Mr. Gorman proposed using about US$3.4
million in affordable housing and historic preservation tax
credits and traditional financing to rehab the old Wisconsin
Memorial Hospital for Catholic Charities of Madison as a home
for Hope Haven-Rebos United, which provides drug and alcohol
treatment.
The state was set to spend US$541,000 this spring to tear down
the old Wisconsin Memorial Hospital, built in 1922 and listed on
the National Register of Historic Places.
Told the old hospital, empty and deteriorating for 15 years, was
a firetrap, the state Building Commission approved razing it in
January 2008. Mr. Gorman submitted his proposal later that year.
In May 2009, Governor Jim Doyle halted the demolition. On May
27, 2009, the state Department of Administration hired three
independent contractors to study the cost of renovation.
On June 28, 2009, Mr. Gorman said a cost analysis was a waste of
time and money until Catholic Charities decided what it needed
in the building.
The contractors, on retainer with DOA, allow US$1,800 for each
mop basin, US$1,400 for each laundry tub and US$1,500 for each
of 76 tank-type toilets.
ASBESTOS LITIGATION: Ind. Teacher Resigns Over Asbestos Scandal
----------------------------------------------------------------
Terry Nelson, a journalism teacher at Central High School in
Muncie, Ind., resigned over an asbestos matter, in which she
assisted her students in collecting unauthorized samples of
asbestos from Central High classrooms, Mesothelioma.com reports.
Critics argue that Ms. Nelson could have exposed students to
asbestos fibers.
Though she voluntarily resigned, Ms. Nelson was not happy about
the way she had been treated. She sent a letter to the school
board and various administrators and a copy of the letter was
also sent to a local newspaper.
In her letter, Ms. Nelson claimed that school administrators had
"chastised, threatened and verbally reprimanded" her for her
work on Central High's school newspaper, The Munsonian. She also
claims that students that worked for The Munsonian were
"bullied" and "intimidated" by school officials.
Despite Ms. Nelson's statements about improper treatment on the
behalf of the school board, local parents and other building
faculty maintain their concerns that Ms. Nelson may have
inadvertently exposed students in her classroom to asbestos.
If students were exposed, they may not demonstrate any asbestos
disease-related symptoms until they are well into adulthood, or
as early as their late 20s or early 30s.
If students do develop an asbestos illness as a result, both Ms.
Nelson and the school district could face potential lawsuits.
ASBESTOS LITIGATION: Cleanup at 50 Washoe, Nev. Schools Ongoing
----------------------------------------------------------------
About 50 schools in Nevada's Washoe County School District are
undergoing various upgrades, including the removal of toxic
asbestos, roof repairs, and other updates, the Mesothelioma &
Asbestos Awareness Center reports.
District spokesman Steve Mulvenon, said, "When the board sat
down with our buildings people, they decided to put their
greatest efforts into the oldest schools, but also those where
student achievement needed a boost."
One such school is Alice Maxwell Elementary in Sparks, Nev. The
school qualified on both counts. The aging school is 51 years
old, and has started showing it. Construction workers at the
school have begun to remove old carpets, gutting parts of the
building, and removing deadly asbestos debris.
For school districts nationwide, the problems surrounding
asbestos in school buildings is not new. Millions of structures,
including again schools, that were built before the 1980s
contain asbestos products like ceiling tiles, floor tiles, and
insulation.
Due to the high cost of asbestos abatement, coupled with the
cost for permits, labor, and replacement of asbestos materials
with safer alternatives, school districts often delay abatement
for as long as possible because there is not enough funding
within their budget.
ASBESTOS LITIGATION: Court Denies Defendants' Bid in Shaw Action
----------------------------------------------------------------
The U.S. District Court, Southern District of New York, denied a
motion filed by defendants in the case styled Michael David
Shaw, Plaintiff v. The City of New York; the New York City
Department of Corrections; the New York City Health and
Hospitals Corporation; Jane Doe 1; John Doe 1; and John Doe 2,
Defendants.
U.S. Magistrate Judge James C. Francis IV entered judgment in
Case No. 08 Civ. 3997(SHS)(JCF) on April 21, 2009.
Mr. brought this action pro se under the Americans with
Disabilities Act (ADA) and two civil rights statutes, alleging
that the defendants discriminated against him on the basis of
his disability and violated his constitutional rights. Mr. Shaw,
a prison inmate, was previously incarcerated in the Anna M.
Kross Center (A.M.K.C.) at Rikers Island Correctional Facility,
and his claims arose from his period of detention there.
Mr. Shaw initially filed a complaint with the District Court on
April 29, 2008. In that complaint, he asserted that:
-- Due to overcrowded conditions in the A.M.K.C., inmates had
insufficient time for meals, they were limited in the volume
of outgoing mail they could send, and they were denied
recreation during times of severe weather conditions;
-- The facilities at the A.M.K.C. were unhealthy because food
was served cold and in an unsanitary manner, there were
rodents and rodent droppings throughout the facility, and
there was asbestos in the dayroom ceilings;
-- He was not able to properly prepare for his court appearances
due to limited time in the prison law library and the lack of
personal hygiene supplies, such as razors, soap, and
toothbrushes; and
-- He sustained injuries to his left foot after guards
confiscated his medical leg brace and boots upon his arrival
at the A.M.K.C.
Mr. Shaw sought injunctive and monetary relief against four
defendants: (1) the New York City Department of Correction
(DOC); (2) Martin F. Horn, the DOC Commissioner; (3) Michael
Hourihane, Warden of the A.M.K.C; and (4) the New York City
Health and Hospitals Corporation.
On Nov. 10, 2008, the defendants filed a motion to dismiss the
complaint. Mr. Shaw filed an amended complaint with this Court
on March 11, 2009.
The amended complaint made a number of significant changes to
Mr. Shaw's claim. First, the amended complaint named four new
defendants--the City of New York, Jane Doe, John Doe 1, and John
Doe 2--and eliminated two of the original defendants--Martin F.
Horn and Michael Hourihane.
In a letter dated March 23, 2009, the defendants asked the Court
to reject the amended complaint. Mr. Shaw responded by letter,
opposing the defendants' request.
The defendants' application for an order rejecting the amended
complaint was denied. The defendants' motion to dismiss shall be
converted into a motion for summary judgment limited to the
issue of exhaustion under the PLRA.
ASBESTOS LITIGATION: Court Affirms Maldonaldo's Dismissal Motion
----------------------------------------------------------------
The U.S. District Court, District of Puerto Rico, affirmed a
Motion to Dismiss filed by Rafael Maldonalo in a case involving
asbestos, and all claims against him were dismissed.
District Judge Carmen Consuelo Cerezo entered judgment in Civil
Action No. 08-1604CCC on April 17, 2009.
This action arose from plaintiffs' dissatisfaction with an
apartment they purchased in Condominium Torres de Andalucia in
Rio Piedras, Puerto Rico.
Federal Jurisdiction is present on the basis of a claim under
the Residential Lead-Based Paint Hazard Reduction Act (The Lead
Paint Act). The action is now before the District Court on a
Motion to Dismiss filed July 23, 2008 by Mr. Maldonado, the
employee of Marsters Real Estate who brokered the sale and
purchase of the property.
Plaintiffs opposed the motion on Nov. 13, 2008, and Mr.
Maldonado replied.
Bayxel Saez-Martinez alleged that when he signed the purchase
option for the apartment, he was assured by Mr. Maldonado that
the property would be in perfect condition at the time of the
closing.
Plaintiffs claimed that on finally inspecting the apartment
after completing the purchase, they found it in a deteriorated
condition. They asserted that there was lead in the tiles of
various rooms and hallways and asbestos in the ceilings.
Believing that defendants knew of the poor conditions and the
presence of lead and asbestos and deliberately concealed these
defects from them, plaintiffs filed suit on March 13, 2007 in
state court at the Superior Court of San Juan.
Finding that plaintiffs had failed to serve process on
defendants Mr. Maldonado, Ramon Perez Valentin, Maddy Angela
Batista Salas and their conjugal partnership, Jose Angel Perez
Batista, Emi Duran and their conjugal partnership, the
Superior Court entered Partial Judgment on Feb. 12, 2008,
dismissing with prejudice the complaint against these
defendants.
On May 29, 2008, plaintiffs filed this suit, based on the same
set of facts, against the same defendants, raising the same
claims of presence of lead, although they have now identified
the federal statute as an additional source of authority.
Lourdes Martinez-Jimenez, Esq., of Alvaro R. Calderon, Jr. LLP,
San Juan, Puerto Rico, represented Plaintiffs.
Erasmo A. Reyes-Pena, Esq., Reyes Pena & Santiago Romero, Esq.,
Luis N. Saldana-Roman, Esq., and Benjamin Quinones-Lebron, Esq.,
of Saldana & Carvajal, P.S.C. in San Juan, Puerto Rico,
represented the Defendants.
ASBESTOS LITIGATION: Appeals Court OKs Summary Judgment in Short
----------------------------------------------------------------
The Court of Appeal, First District, Division 3, California,
affirmed the ruling of the San Francisco County Superior Court,
which granted summary judgment in favor of Sequoia Ventures,
Inc. and Bechtel Corporation, in an asbestos case filed by
Deanna Short and Gary Short.
The case is styled Deanna Short et al., Plaintiffs and
Appellants v. Sequoia Ventures, Inc., Defendant and Respondent.
Judges Peter J. Siggins, William R. McGuiness, and Martin J.
Jenkins entered judgment in Case No. A121256 on April 30, 2009.
Sequoia's predecessor in interest, Bechtel Corporation, designed
and constructed the Pacific Gas and Electric Company (PG & E)
Antioch power plant between 1949 and 1954. The construction of
the plant called for the use of various asbestos-containing
materials.
Mr. Short worked as an operator at the Antioch plant between
1964 and 1966. His duties included operating, controlling, and
monitoring various boilers and turbines. He frequently worked
near insulated steam and hot water pipes, boilers, turbines,
heaters, pumps, and asbestos-cement board.
The Shorts moved to Arizona in 1966 and to Idaho in 1975. Mr.
Short was diagnosed with mesothelioma in 2005 and died that
year, shortly after filing this asbestos action. Mrs. Short and
the couple's adult children subsequently filed an amended
complaint against numerous entities, including Bechtel. The
causes of action against Bechtel included ordinary negligence,
products liability, and premises owner/contractor liability.
Bechtel moved for summary judgment. The Shorts asserted, in
opposition to Bechtel's summary judgment motion, that Mr.
Short's asbestos exposure at the Antioch plant was attributable
to Bechtel's design and construction of the plant between 1949
and 1954. Their opposition was supported by an expert
declaration from industrial hygienist Kenneth Cohen, M.D.
Dr. Cohen opined that the hazards relating to use of asbestos
building materials were widely known when the Antioch plant was
built, and that Mr. Short was likely injured when he inhaled
asbestos dust when he was working at the plant.
Mr. Short filed this timely appeal from the ensuing judgment.
Alan Richard Brayton, Esq., Lloyd F. LeRoy, Esq., and David
Wayne Fermino, Esq., of Novato, Calif., represented the Shorts.
Paul David Fogel, Esq., Dennis Peter Maio, Esq., Phillip Stephen
Ward, Esq., and Hassard Bonnington, Esq., in San Francisco,
represented Defendant and Respondent.
ASBESTOS LITIGATION: Court Issues Split Ruling in Boudreaux Case
----------------------------------------------------------------
The Court of Appeal of Louisiana, Third Circuit, issued split
rulings in the asbestos case styled Patsy Jane Boudreaux, et al.
v. Able Supply Co., et al.
Judges Jimmie C. Peters, Michael G. Sullivan, and Billy H. Ezell
entered judgment in Case No. 08-1350 on April 22, 2009.
This case involved a wrongful death and survival action filed by
the widow and children of Decedent, Lloyd Joseph Boudreaux, Jr.
Mr. Boudreaux died in 2007 from mesothelioma. Patsy Boudreaux,
Carrie Boudreaux, Traci Mills, Cheryl Simon, and Marti
Boudreaux, had sued more than 50 corporate defendants alleging
that Mr. Boudreaux was exposed to asbestos while working as an
insulator and various other jobs from the 1950s to the 1990s.
American Cyanamid, Inc. filed a motion to dismiss the lawsuit
for forum non conveniens. American Cyanamid asserted that Texas
would be a more convenient forum.
Several other defendants joined in the motion to dismiss. By
judgment dated April 25, 2008, the Fifteenth Judicial District
Court, Parish of Vermilion, granted the motion to dismiss but
reserved Plaintiffs' right to re-file their action within 60
days in a court of competent jurisdiction.
Plaintiffs filed an appeal which was lodged in this court on
Nov. 6, 2008. The parties have submitted their appellate briefs
and requested oral argument. However, on Jan. 22, 2009, this
court received notice that Defendants, Lyondell Chemical Company
and Millennium Petrochemicals, Inc., had filed a voluntary
petition for bankruptcy under Chapter 11 of the U.S. Bankruptcy
Code in the U.S. Bankruptcy Court for the Southern District of
New York. As a result, on Jan. 22, 2009, a deputy clerk of court
for this court sent a correspondence to the parties notifying
them that the appeal has been stayed.
American Cyanamid has filed a motion to lift the stay on the
ground that Plaintiffs filed, in the district court, a motion
and order to voluntarily dismiss their claims against Lyondell
Chemical Company and Millennium Petrochemicals, Inc., which was
granted by the trial court on Feb. 3, 2009.
The Appeal Court ordered that the stay be lifted as to all
Defendants, except Lyondell Chemical Company and Millennium
Petrochemicals, Inc.
The Motion to Lift Stay was granted in part and denied in part.
Frank Joseph Swarr, Esq., in New Orleans, represented Patsy Jane
Boudreaux, Carrie Boudreaux, Marti Boudreaux, Cheryl Simon and
Traci Mills.
ASBESTOS LITIGATION: Supreme Court Flips Ruling in Gamas Action
----------------------------------------------------------------
The Supreme Court of New Hampshire reversed the ruling of the
New Hampshire Compensation Appeals Board (CAB), which denied
George D. Gamas recovery under the Workers' Compensation Law.
This is an Appeal of George D. Gamas (New Hampshire Compensation
Appeals Board).
Judges Linda S. Dalianis, David Brock, and John T. Broderick Jr.
entered judgment in Case No. 2008-221 on May 1, 2009.
Mr. Gamas worked as a laborer for Anheuser-Busch, Inc. at its
Merrimack brewery from 1976 to 2001, although he was out of work
for many years in the 1980s as a result of a back injury. In
September 2006, he filed a Notice of Accidental Injury or
Occupational Disease with his former employer claiming that he
suffered from asbestosis causally related to his prior
employment.
Prior to the hearing, Anheuser-Busch filed a motion to dismiss.
The motion was granted, and Mr. Gamas appealed to the CAB. The
CAB found Mr. Gamas' testimony regarding when he first knew that
he was suffering from an asbestos-related condition to be
"confused and confusing." Mr. Gamas testified that until May
2005, he had received unclear diagnoses from his physicians
about his respiratory complaints and that it was not clear to
him that his problems were related to asbestos exposure at the
brewery.
Between 2000 and 2004, Mr. Gamas saw several physicians and had
several chest X-rays taken. Some of his doctors noted in their
reports that he had been exposed to asbestos at work and that
the damage to his lungs was possibly or probably asbestos-
related, though no physician unequivocally concluded that to be
the case.
Mr. Gamas first received treatment for asbestosis in 2004 after
an evaluation of his respiratory problems by the Massachusetts
General Hospital Pulmonary and Critical Care Unit. On Aug. 23,
2004, he was deposed by an attorney from the law firm
representing Anheuser-Busch in an asbestos-related civil suit in
the U.S. District Court for the District of New Hampshire.
After considering all the evidence, the CAB concluded that Mr.
Gamas knew or should have known of his claimed lung condition
and its relationship to his employment at Anheuser-Busch by May
23, 2004.
The CAB ruled that Mr. Gamas' claim was barred because it had
not been filed within two years of that date. It also found that
Mr. Gamas failed to prove that Anheuser-Busch had actual notice
of his condition and its possible relation to his employment.
This appeal followed.
The matter was reversed and remanded.
William E. Aivalikles, Esq., in Nashua, N.H., represented George
D. Gamas.
Getman, Stacey, Schulthess & Steere, P.A., of Bedford, N.H.
(Laurence W. Getman, Esq., and Tracy L. McGraw, Esq., on the
brief), represented Anheuser-Busch, Inc.
ASBESTOS LITIGATION: Cleanup at Ohio Plaza to Commence August 3
----------------------------------------------------------------
Asbestos abatement at the State Road Shopping Center plaza in
Cuyahoga Falls, Ohio, is scheduled to begin on Aug. 3, 2009,
Mesothelioma & Asbestos Awareness Center reports.
The nearly US$2 million contract for the plaza's demolition
comes from the state of Ohio. The use of the funds was approved
on June 22, 2009.
Falls Community Development Director Sue Truby said 14 companies
are expected to place bids on the project. Prior to asbestos
abatement, utilities will need to be disconnected. Demolition is
expected to begin after the asbestos abatement has been
completed, ideally sometime on Aug. 21, 2009.
The city bought the plaza in 2008 for US$10.2 million. The
property will be developed by Cleveland's Stark Enterprises.
The new project, known as Portage Crossing, will be a retail
marketplace. Developers hope that an upscale grocery store will
move into the space.
ASBESTOS LITIGATION: EPA Pledges $125M for Libby, Mont., Cleanup
----------------------------------------------------------------
The U.S. Environmental Protection Agency pledged at least US$125
million for the cleanup of asbestos at Libby, Mont., The
Monterey County Herald reports.
The US$125 million will be used to speed the work of going door-
to-door, raising tents over contaminated homes, removing
contaminated soil and vacuuming out attics and any other surface
once contaminated by miners returning from work.
On June 18, 2009, Mayor Doug Roll said, "We need to get this
cleaned up and cleaned up right."
For decades, ore was brought to processing plants in Libby,
where a smokestack released up to 24,000 pounds of dust a day.
Asbestos-contaminated mine waste, known as tailings, were also
used to line an elementary school skating rink and to build
running tracks at local junior high and high schools.
The vermiculite, which was used to make Zonolite brand
insulation for millions of U.S. homes, was contaminated with
naturally occurring asbestos mineral fibers, which can be
inhaled and can cause mesothelioma, asbestosis and lung cancer.
Libby, which has 2,600 residents, suffers 40 to 80 times the
national average in its rate of death from asbestosis. Lung-
cancer mortality is 30 percent higher than health officials
would expect the town to experience.
The EPA has already removed contaminants from more than 1,100
homes in Libby. The agency has been cleaning about 150
properties per year, and at any time cordoned-off homes covered
by big tents can be seen in town.
Homeowners must agree to have their residence decontaminated,
said Michael Cirian, who runs the local EPA office. The owners
of some 800 homes have so far either refused the decontamination
or could not be located by EPA, he said. Those homes would not
be affected by the designation.
The new federal money will speed the home-by-home cleanup of
some 900 additional properties in Libby and the nearby town of
Troy.
The Health and Human Services Department also said it would
spend an additional US$6 million on medical assistance for
residents suffering from asbestos-related illnesses.
ASBESTOS LITIGATION: Cleanup Training Held at Ilisgavik College
----------------------------------------------------------------
Ilisagvik College in Barrow, Alaska, held a 40-hour asbestos
abatement training and certification course and an eight- hour
"refresher" course was also made available for those seeking
recertification, Mesothelioma.com reports.
Kathy Leary said, "Based on employers' information of immediate
jobs on the North Slope, this class was scheduled with the hope
of getting as many people certified as possible so they can
become employed." Ms. Leary is Ilisagvik College's Center for
Workforce and Community Development Training Manager.
The courses were offered at the request of local companies that
have many upcoming projects that will require temporary full-
time workers trained in the safe removal of asbestos.
Organizations that may hire graduates include Ukpeagvik Inupiat
Corporation (UIC), Native Village of Barrow and Olgoonik
Corporation.
In addition, Harpoon, a subsidiary of UIC, recently began an
environmental clean-up project in June 2009 that required
skilled asbestos removal experts. All told, the project created
nearly 20 new jobs so far.
Upcoming renovations projects in Barrow also require the
expertise of the newly certified asbestos abatement workers.
Olgoonik Corporation CEO Bill Culbertson also wanted the
training programs to be made available to residents of
Wainwright and other North Slope villages. This is because there
are two proposed projects in Wainwright within the next 12
months that would require asbestos abatement.
ASBESTOS LITIGATION: Abatement at Minn. High School to Commence
----------------------------------------------------------------
Asbestos will be removed from the Spring Lake Park High School
in Spring Lake Park, Minn., Mesothelioma.com reports.
Ongoing renovations at the school are expected to be finished in
time for the first day of school on Sept. 8, 2009.
The month of June is focused on the removal of asbestos and
other environmental hazards that may be present in the building.
The officials of School District 16 believe that the asbestos
removal will take about 10 days to complete. The work at Spring
Lake Park High School is part of a district-wide renovation
project.
The renovations are funded by a US$95.9 million levy referendum
approved by voters in 2006. The school district is home to
schools that contain over 4,500 students.
ASBESTOS LITIGATION: Hazard at Fort Snelling Slated for Cleanup
----------------------------------------------------------------
According to a pre-solicitation issued by the U.S. General
Services Administration, asbestos is "prevalent throughout the"
Bishop Henry Whipple Federal Building at Fort Snelling, Minn.,
and must be removed, the Minneapolis/St. Paul Business Journal
reports.
The GSA issued the pre-solicitation for a construction manager
and general contractor to oversee the US$80 million to US$100
million federal stimulus-backed renovation of building.
The GSA plans to update the 630,000-square-foot building's
original mechanical, electrical and plumbing systems, which have
exceeded their life expectancy.
The proposed contract includes pre-construction-phase services,
such as design and engineering, and the option for construction-
phase services.
ASBESTOS LITIGATION: 2 Derby Locals Charged for Disposal Breach
----------------------------------------------------------------
Gavin Andrew George and Robert Rathband, on June 26, 2009,
appeared at Derby Magistrates Court for sentencing, having both
previously pleaded guilty to one charge of illegally dumping
asbestos waste in a woodland area close to houses, the
Environment Agency reports.
Mr. George is from Ward Drive, Somercotes, Derby, England, and
Mr. Rathband is from Parkside, Somercotes, Derby, England.
The asbestos, taken from a dismantled garage, was hauled over a
garden fence, buried in a shallow hole and covered with grass
cuttings close to dwellings and a children's play area.
Mark Lewis, an Environment Agency spokesman, told the court that
on April 27, 2008, the Environment Agency received a report of
two men struggling with a bag of asbestos. The men had lifted
the bag over a garden fence and buried it in woodland behind
Ward Drive.
On May 22, 2009, the Environment Agency and land owners Amber
Valley Housing visited the woodland area and discovered a one
cubic meter builders' bag containing broken asbestos and glass.
The defendants had smashed the asbestos from the garage up into
pieces before putting it into the large builders' bag. A further
asbestos deposit was also found nearby, Mr. George having
volunteered its whereabouts to the Environment Agency.
On June 4, 2009, environment officers visited the previous owner
of the garage, who claimed that he had paid Mr. Rathband GBP100
to dismantle and dispose of it, assisted by Mr. George. The two
men were interviewed and admitted they had been the two men
witnessed burying the asbestos.
Mr. George received a community punishment order of 100 hours
unpaid work. He was also ordered to pay costs of GBP150 and
compensation of PHP250.
Mr. Rathband received a six month curfew order, and was ordered
to pay costs of GBP200 plus compensation of GBP300.
The charges were brought by the Environment Agency under the
Environmental Protection Act 1990. Mr. George and Mr. Rathband
each pleaded guilty to one charge under Section 33 (1) (a) & 6
EPA 1990.
ASBESTOS LITIGATION: Dockyard Workers in "Limbo" on Compensation
----------------------------------------------------------------
Former dockyard workers suffering from pleural plaques continue
to remain in limbo over compensation despite assurances by
United Kingdom Prime Minister Gordon Brown, The Herald reports.
Mr. Brown said more than four months ago that an announcement
would be made "very soon" on halted pay-outs for victims of
pleural plaques.
Even today the Ministry of Justice insisted it would be
publishing a response "as soon as possible."
There has been continuing pressure on the Government to end the
"injustice" facing victims of pleural plaques by reinstating the
right to pay-outs, stopped following a controversial ruling by
the House of Lords in 2007.
Plymouth is a hotspot for asbestos-related deaths, many of them
former workers at Devonport.
In the meantime, Labour MP for Plymouth Sutton Linda Gilroy is
to sit on a parliamentary committee to examine proposed
backbench legislation that would recognize pleural plaques as an
illness, in which its victims can receive compensation.
The Damages (Asbestos-related Conditions) Bill tabled by Labour
MP Andrew Dismore has already cleared its first parliamentary
hurdle after being given an unopposed second reading at
Westminster in April 2009.
Early in 2009, the Scottish Parliament passed legislation
overturning the House of Lords ruling. However, the Lords
judgment, which stated sufferers could no longer use pleural
plaques as a basis for a damages claim against the negligence of
an employer, still applies in England and Wales.
ASBESTOS LITIGATION: U.K. Government Blamed for Stalling Payouts
----------------------------------------------------------------
The Union of Construction, Allied Trades and Technicians
(UCATT), on June 29, 2009, accused ministers of performing a
cruel U-turn which could rob industrial disease victims of
justice, Today's Chronicle reports.
UCATT accused the government of stalling on plans to compensate
Britain's pleural plaques sufferers.
General Secretary Alan Ritchie said "sinister" delays could
indicate that former workers will be denied cash pay-outs. The
damning criticism comes after the Government repeatedly put off
making an announcement on the future of pleural plaques victims.
Pleural plaques affect hundreds across Tyneside. Sufferers were
entitled to compensation for the permanent damage until a Law
Lords ruling in 2007 snatched money away. The move is thought to
have saved insurance bosses millions of pounds.
When a Government consultation on the issue ended in October
2008, Justice Minister Bridget Prentice said the Government
would "aim to publish our response within a month." Justice
Secretary Jack Straw told the Commons he hoped "to announce our
response next month."
However, eight months later, victims are still in limbo waiting
for news, despite repeated promises from the Government.
Mr. Ritchie said by publishing their consultation response on
the last day before the three-month summer break begins, the
Government could try to bury the issue.
For the victims at Tyneside, the repeated delays are a huge
worry.
ASBESTOS LITIGATION: Ill. School Hazard Causes Renovation Delays
----------------------------------------------------------------
Thornton Fractional High School District officials said that the
renovation of the guidance councilors' office space will be
delayed due to the presence of asbestos, The Times reports.
Asbestos was discovered inside the old pipe within the office's
cinderblock walls.
District 215 Superintendent Creg Williams said the asbestos was
discovered at TF South when construction crews were knocking out
a wall meant to be removed as part of a plan to enlarge the
counselors' offices.
Mr. Williams said he was told by construction crews it would
take them two weeks to remove the asbestos, and the district
would have to pay roughly US$16,100 more for the office
remodeling because of it.
Development of improved office space for counselors at the two
high schools is expected to cost the high school district a
little less than US$900,000.
The delay would push the completion of the renovation of the TF
South counselor's offices to early November 2009.
ASBESTOS LITIGATION: H.B. Fuller Settles Case During May 30 Qtr.
----------------------------------------------------------------
H.B. Fuller Company, during the quarter ended May 30, 2009,
settled one asbestos-related lawsuit for less than US$1,000,
according to the Company's quarterly report filed with the
Securities and Exchange Commission on July 1, 2009.
The Company said that, during the quarter ended Feb. 28, 2009,
it did not settle any asbestos-related lawsuits. (Class Action
Reporter, April 17, 2009)
The Company has been named as a defendant in lawsuits in various
courts in which plaintiffs have alleged injury due to products
containing asbestos manufactured more than 25 years ago. The
plaintiffs generally bring these lawsuits against multiple
defendants and seek damages (both actual and punitive) in very
large amounts.
In many of these cases, the plaintiffs are unable to demonstrate
that they have suffered any compensable injuries or that the
injuries suffered were the result of exposure to products
manufactured by the Company, which is typically dismissed as a
defendant in such cases without payment.
During the fourth quarter of 2007, the Company and a group of
other defendants entered into negotiations with certain law
firms to settle a number of asbestos-related lawsuits and
claims. The Company expects to contribute up to US$4,280,000
towards the settlement amount to be paid to the claimants in
exchange for a full release of claims. Of this amount, the
Company's insurers have committed to pay US$2,068,000 based on a
probable liability of US$4,280,000. During the second quarter of
2009, the Company paid US$1,079,000 toward this settlement.
The Company's insurers paid US$507,000 of that amount. Given
that the remaining payouts are expected to occur on certain
dates over a four-year period and the accrual is based on the
maximum number of cases to be settled, the Company applied a
present value approach and has accrued US$3,075,000 and recorded
a receivable of US$1,486,000 as of May 30, 2009.
As of May 30, 2009, the Company's asbestos-related probable
liabilities were US$3,376,000 and its insurance recoveries were
US$1,676,000.
St. Paul, Minn.-based H.B. Fuller Company makes adhesives,
sealants, powder coatings for metals (office furniture,
appliances), and liquid paints (in Latin America). The Company's
industrial and performance adhesives customers include companies
in the packaging, graphic arts, automotive, woodworking, and
nonwoven textiles industries (used to make diapers and such).
ASBESTOS LITIGATION: Settlement on CSI Fingerprint Kits Underway
----------------------------------------------------------------
A July 1, 2009 announcement says that a proposed settlement of
an action against CBS Broadcasting, Inc. and toy retailers, if
approved, will give cash refunds to consumers and implement a
nationwide recall of toy science kits, based on the popular
"CSI" television drama series, that may contain asbestos,
according to an Asbestos Disease Awareness Organization (ADAO)
and Public Justice press release dated July 1, 2009.
The toy kits -- the CSI: Crime Scene Investigation Fingerprint
Examination Kit and the CSI: Crime Scene Investigation Forensic
Lab Kit -– were made by now-bankrupt Planet Toys, Inc. and
licensed by the television giant CBS. Tests conducted by ADAO in
2007 of the white fingerprint powder in the toy kits found
tremolite, one of the deadliest forms of asbestos.
The settlement, which is subject to court approval, provides
cash refunds to consumers throughout the United States who
bought, or received as a gift, one or more CSI Exam Kits or Lab
Kits sold by CBS, Toys "R" Us, Hammacher Schlemmer, Walgreens,
Amazon.com, Buy.com, Sears, Kmart, and QVC. Consumers seeking
refunds must submit a claim form to a claims administrator by
Jan. 14, 2010, and have the option of sending the toy kits to
the claims administrator at no cost.
Planet Toys, the kits' manufacturer, is not part of the
settlement because it filed for Chapter 7 bankruptcy protection
in March 2009.
Public Justice's Victor Ni, Esq., co-counsel in the case, said,
"We urge everyone to get these products out of your homes and
away from children, and to send in your claim form to get a
refund."
In November 2007, ADAO released findings from an 18-month study
it commissioned that tested over 250 commonly found consumer
products for asbestos. Three laboratories participating in the
study confirmed the presence of asbestos in the white
fingerprint powder of the CSI Exam Kit.
"We were aghast to find asbestos in a children's toy," said ADAO
Executive Director and co-founder Linda Reinstein. "Even though
the dangers of asbestos have been well-documented for more than
100 years, we're still finding asbestos in common household
products. That's simply unacceptable."
With Public Justice as counsel, ADAO met with representatives
from CBS and Planet Toys in December 2007 to discuss its
findings about the fingerprint powder. As a result, Planet Toys
asked retailers to stop sales of the CSI Exam Kit pending
further investigation. However, the Company refused to stop
sales of the CSI Lab Kit, which contained the same fingerprint
powder, and refused to voluntarily recall the products from
consumers' homes.
The proposed class action settlement provides that, in addition
to paying for consumer refunds and the cost of shipping for
returned toys, the companies will pay the costs of notice and
claims administration, and a US$30,000 cy pres award to ADAO.
If approved, the settlement would resolve the class action
pending in New York and a related lawsuit filed in California
state court citing violations of a state law known as "Prop 65."
Prop 65 requires businesses to give a "clear and reasonable
warning" to California consumers if a product contains a
chemical known to cause cancer or birth defects, such as
asbestos.
The settlement was given preliminary approval by a New York
federal court in May 2009, and awaits final approval.
ASBESTOS LITIGATION: Inquest Rules on Nottingham Plumber's Death
----------------------------------------------------------------
An inquest at Nottingham Coroner's Court heard that the death of
70-year-old plumber Brian Ernest Bell was linked to exposure to
asbestos, the Evening Post reports.
Mr. Bell, of Keyworth, Nottingham, England, died while traveling
on a ferry on June 23, 2009
The inquest heard that Mr. Bell had worked with pipes and
boilers for a heating and plumbing firm. He was diagnosed with
asbestosis in March 2009 and collapsed while on the Brittany
Ferry.
Nottingham coroner Dr. Nigel Chapman recorded a verdict of death
by industrial disease.
ASBESTOS LITIGATION: July 10 Deadline Set for New General Motors
----------------------------------------------------------------
Harry J. Wilson, a member of the Obama administration's auto
task force testified on July 1, 2009 in the U.S. Bankruptcy
Court in New York that General Motors Corporation must win
approval to sell its best assets to a new government-financed
company by July 10, 2009 or risk losing its bankruptcy
financing, The New York Times reports.
The new G.M., which would continue to be led by Fritz Henderson,
would leave behind several undesirable sets of claims in
bankruptcy court, including asbestos litigation and some product
liability claims.
By the end of the July 1, 2009 hearing, Judge Robert E. Gerber
had heard closing arguments from several parties, including G.M.
and a number of opponents to its sale plan, as well as lawyers
for asbestos litigants and accident victims.
Other parties, including an unofficial committee of dissident
G.M. investors holding about US$2.3 million worth of bonds, are
scheduled to deliver their statements on July 2, 2009.
ASBESTOS LITIGATION: USEPA Testing for Hazards at Spokane Sites
----------------------------------------------------------------
U.S. Environmental Protection Agency crews are testing
residential areas near W. R. Grace & Co.'s former insulation
factory, Vermiculite Northwest, in Spokane, Wash., for asbestos,
The Seattle Times reports.
The work was prompted by the recent declaration of Libby, Mont.,
as a public health emergency.
For 22 years, Vermiculite Northwest produced Zonolite, an attic
insulation tainted with asbestos. Rail cars brought vermiculite
ore from Libby to the plant, where furnaces heated the ore until
it puffed up into lightweight insulation.
Two men in white hazmat suits and respirators dug 30 soil
samples from the lawn of Kandi Smith. Cars driving past her
house slowed as drivers gawked at the scene.
In Spokane, the EPA in 2000 and 2001 sampled soils from yards
near the Grace plant and found only trace amounts of asbestos.
That prompted the agency to give the area a clean bill of
health. However, asbestos testing has improved.
Old methods could detect asbestos at rates of one percent in
soil samples. New testing can detect asbestos at rates of 0.25
percent in soil samples, and emerging methods show promise for
detecting even smaller ratios.
The EPA is testing soils at nine homes near the Vermiculite
Northwest site, which Grace closed in 1973 after a whistleblower
tipped state inspectors to high asbestos levels inside. Spokane
County's road department bought the property, which was capped
with asphalt as part of the cleanup.
EPA will spend between US$900 and US$1,400 on soil analyses for
each yard. The agency also is sampling soils on county-owned
property. Results could be ready by late August 2009.
ASBESTOS LITIGATION: Hazard Uncovered at 24 Rooms in West School
----------------------------------------------------------------
About 24 classrooms in buildings B and D at West Elementary
School in Coolidge, Ariz., contain asbestos,
TriValleyCentral.com reports.
West Elementary is one of two major sites being considered for
renovations, the other Coolidge High School, as the school board
prioritizes how to use the US$16 million in bonds successfully
sold in March 2009. West School has been closed and cleanup is
projected to be completed prior to when teachers return at the
end of July 2009.
The Coolidge Unified School District Governing Board had
approved FM Group Inc of Scottsdale, Ariz., to complete a
district wide AHERA (Asbestos Hazard Emergency Response Act)
Plan.
With an estimated cost of around US$300,000, the district is
requesting US$120,000 in emergency deficiency funds from the
Arizona School Facilities Board.
According to documents provided by FM Group, the Company
conducted bulk-material sampling activities on suspected
asbestos-containing materials (ACM) at the facility. The
sampling was conducted from June 8, 2009 to June 12, 2009.
D. L. Withers submitted an estimated cost of US$272,682 to
asbestos abatement and associated general construction repairs
in 24 classrooms in both buildings.
ASBESTOS LITIGATION: More Asbestos Found at Augusta Tissue Mill
----------------------------------------------------------------
More asbestos has been found at eight derelict buildings at the
Augusta Tissue Mill, Llc site in Augusta, Ga., the Morning
Sentinel reports.
City Manager William Bridgeo said that dismantling of the former
mill, previously known as Statler Tissue, is still only in the
beginning stages and the US$25,000 the City had set aside to pay
for removal of unanticipated asbestos has already been spent.
While the exact amount of asbestos, and how much it will cost
get rid of it, has not been determined yet, Mr. Bridgeo told
city councilors what has been discovered so far could cost about
US$61,000 to have professionally removed.
Engineers from Summit Environmental Consultants Inc. went
through the former mill, which was seized by the City for
nonpayment of taxes.
Jim Bouquet, vice president of Summit, confirmed on June 20,
2009 the firm is aware the city intends to file a claim and he
has notified Summit's insurance agency.
Mr. Bouquet said he could not discuss how asbestos could have
been missed, since that could be the subject of an insurance
claim.
Mr. Bridgeo said that, overall, Summit has been good to work
with on the massive mill demolition project.
ASBESTOS LITIGATION: Cleanup at Galesburg High to Cost $448,000
----------------------------------------------------------------
About US$448,000 of the total renovation cost of the Galesburg
High School in Galesburg, Ill., will be for removal of asbestos
from floor and ceiling tiles in the wing, The Register-Mail
reports.
The US$1.3 million renovation of the learning center wing of
Galesburg High School should be complete by Aug. 7, 2009,
according to Roger Robinson, director of buildings and grounds
with Galesburg School District 205.
The remaining US$907,000 will be spent on renovations to the
wing, which includes 10 classrooms, a library, lecture rooms and
counselors' offices.
Mr. Robinson said that ceiling tiles damaged by water had become
a safety concern in the wing. However, because of the asbestos
in the tiles, District 205 staff has not been able to correct
the problem.
New carpet, air conditioning and electrical fittings and ceiling
tiles will be installed throughout the wing once asbestos is
removed. The end product, Mr. Robinson said, will be an improved
learning environment and a building that is cleaner and easier
to maintain.
The asbestos abatement project was put out to bid in December
2008 and bids were opened in February 2009. Work is being
carried out during the summer months to minimize disruption at
the school while contractors remove asbestos.
The asbestos abatement project likely will be the last major one
carried out in District 205 schools. "This is probably one of
our last big asbestos projects," Mr. Robinson said.
Paul Woehlke, District 205's assistant superintendent for
finance and operations, said the US$907,000 for renovations
included in the plan will be paid out of the district's
operations and maintenance fund.
Money for the asbestos abatement will be loaned from the
district's working cash fund and then paid back over the next
three years through life-safety tax collections.
*********
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Wednesday's edition of the Class Action Reporter. Submissions
via e-mail to carconf@beard.com are encouraged.
Each Friday's edition of the CAR includes a section featuring
news on asbestos-related litigation and profiles of target
asbestos defendants that, according to independent research,
collectively face billions of dollars in asbestos-related
liabilities.
*********
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