/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/090930.mbx C L A S S A C T I O N R E P O R T E R Wednesday, September 30, 2009, Vol. 11, No. 193 Headlines AM PM MAINTENANCE: Class Action Suit Filed in Orange County AUSTRLIAN FEDERAL POLICE: May Face Suit Over Capsicum Spray BANK OF AMERICA: Motions to Dismiss Merchant Lawsuits Pending BEAR STEARNS: Boies Schiller Files Shareholder Fraud Suits CHICAGO: Suit Filed by Due Process-Denied Towed Auto Owners COMTEC TELECOM: Knows About 2 Securities Suits; No Other Activity DIRECTV INC: Undisclosed Termination Fee Suit Filed in Ariz. DIRECTV GROUP: Early Termination Fees Draw Injunction Request ERIE INDEMNITY: Unpaid Overtime Worker Class Certified GLOBAL HORIZON: Thai Orchard Workers Allege Labor Violations HARLEYSVILLE NATIONAL: Three Suits Challenge First Niagara Merger LABCORP: Lawyer Reportedly Sniffing for Class-Action Fodder MORTGAGE ELECTRONIC: Challenge to MERS' Forclosure Suit Standing PROMIGAS: Eight Years Later, Explosion Suit in "Initial Stage" PROVIDE COMMERCE: Suit Calls "Easy Saver Rewards Program" Bogus SALLY BEAUTY: Class Action Suit Filed in Los Angeles SANOFI-AVENTIS: Zimulti Class Action Suit Dismissed in S.D.N.Y. SUNTRUST BANK: Auction-Rate Securities Suit Dismissed in N.D. Ga. TRANSFIRST: Class Action Suit Filed in Orange County TRE MILANO: Suit Alleged False & Deceptive Bargain Pricing New Securities Fraud Cases BETAWAVE CORP: Shareholders Allege Fraud in N.Y. State Ct. Suit ********* AM PM MAINTENANCE: Employee Class Action Suit Filed in Orange County -------------------------------------------------------------------- Jose Guiterrez, on behalf of himself and others similarly situated, has sued AM PM Maintenance Service, Case No. 30-2009-00305951 (Calif. Super. Ct., Orange Cty.), alleging violations of employment laws. The Plaintiff is represented by: Jose Garay, Esq. Jose Garay, APLC 2030 Main Street, Suite 1300 Irvine, CA 92614 Telephone: 949-260-9193 Fax: 949-260-9194 AUSTRLIAN FEDERAL POLICE: May Face Suit Over Capsicum Spray ----------------------------------------------------------- Noel Towell, the Legal Affairs Reporter for the Canberra Times, reports that the Australian Federal Police could face a class action by alleged victims of ACT watch-house officers who misuse capsicum spray. There have now been convictions or guilty verdicts over 10 alleged attacks using capsicum spray or foam by police officers on watch-house detainees and charges are still pending over one more alleged incident. Former sergeant John Arthur Birch avoided jail in November 2008 for his string of capsicum spray attacks on watch-house detainees in 2006. The Supreme Court sentenced the 54-year-old to 500 hours of community service and gave him a 12-month suspended jail sentence, after his barrister said he risked being "bashed and buggered" in Goulburn prison. Now, the Times reports, lawyers acting for a man who says he was attacked by police in the watch-house three years ago, have launched a civil action against a former police constable and her ex-employers and are asking for other victims of capsicum spray assaults to come forward. BANK OF AMERICA: Motions to Dismiss Merchant Lawsuits Pending ------------------------------------------------------------- Bank of America Corporation and certain of its subsidiaries are defendants in putative class actions filed on behalf of retail merchants that accept Visa and MasterCard payment cards. Additional defendants include Visa, MasterCard, and other financial institutions. Plaintiffs seek unspecified treble damages and injunctive relief and allege that the defendants conspired to fix the level of interchange and merchant discount fees and that certain other practices, including various Visa and MasterCard rules, violate federal and California antitrust laws. The class actions are coordinated for pre-trial proceedings in the U.S. District Court for the Eastern District of New York, together with individual actions brought only against Visa and MasterCard, under the caption In Re Payment Card Interchange Fee and Merchant Discount Anti-Trust Litigation. On January 8, 2008, the District Court dismissed all claims for pre-2004 damages. Plaintiffs filed a motion for class certification on May 8, 2008, and the defendants have opposed that motion. On January 29, 2009, the class plaintiffs filed an amended consolidated complaint. A motion to dismiss the foregoing complaint was filed on March 31, 2009. The class plaintiffs have also filed two supplemental complaints against certain defendants, including Bank of America Corporation and certain of its subsidiaries, relating to, respectively, MasterCard's 2006 initial public offering (the MasterCard IPO) and Visa's 2008 initial public offering (the Visa IPO). The supplemental complaints, which seek unspecified treble damages and injunctive relief, assert, among other things, claims under federal antitrust laws. On November 25, 2008, the District Court granted defendants' motion to dismiss the supplemental complaint relating to the MasterCard IPO, with leave to amend. On January 29, 2009, plaintiffs amended this supplemental complaint and also filed the supplemental complaint relating to the Visa IPO. Motions to dismiss both of the foregoing complaints were filed on March 31, 2009. Bank of America Corporation and certain of its subsidiaries have entered into agreements that provide for sharing liabilities in connection with certain antitrust litigation against Visa (the Visa-Related Litigation), including In Re Payment Card Interchange Fee and Merchant Discount Anti-Trust Litigation. Under these agreements, Bank of America Corporation's obligations to Visa in the Visa-Related Litigation are capped at Bank of America Corporation's membership interest in Visa USA (currently approximately 12.9 percent). Also under these agreements, Visa Inc. has used a portion of the proceeds from the Visa IPO to fund liabilities arising from the Visa-Related Litigation, including the settlement during 2008 of Discover Financial Services v. Visa USA, et al. and the 2007 settlement of American Express Travel Related Services Company v. Visa USA, et al., and has stated that it will use such proceeds to fund other liabilities in the future, if any, arising from the Visa-Related Litigation. BEAR STEARNS: Boies Schiller Files Shareholder Fraud Suits ---------------------------------------------------------- Law.com reports that The American Lawyer reports that the lawfirm of Boies, Schiller & Flexner filed the first of what partner Richard Drubel Esq., expects will be "a number" of suits against Bear Stearns, alleging that the defunct investment firm fraudulently induced shareholders to hold onto their Bear Stearns stock, and then sustained huge losses. The plaintiff is Bruce Sherman, the former CEO of the money management firm Private Capital Management, and the suit involves only his personal losses, which Mr. Drubel said amount to "tens of millions of dollars." The Defendants are Bear Stearns Companies, Inc., James Cayne, Warren Spector and Deloitte & Touche LLP. The American Lawyer's full report is available at: http://editorial.incisivemedia.com/c/12u0UAum4doBKfpGdX A copy of the 60-page Complaint in Sherman v. Bear Stearns Companies Inc., et al., Case No. 09-cv-8161 (S.D.N.Y.), is available at: http://amlawdaily.typepad.com/shermanvbear.pdf The Plaintiff is represented by: Richard B. Drubel, Jr., Esq. Matthew J. Kenken, Esq. BOIES, SCHILLER & FLEXNER LLP 26 South Main Street Hanover, NH 03755 Telephone: (603) 643-9090 - and - Philip Korologos, Esq. BOIES, SCHILLER & FLEXNER LLP 575 Lexington Ave., 7th Floor New York, NY 10022 Telephone: (212) 446-2300 - and - George A. Zelcs, Esq. KOREIN TILLERY LLC 250 North Michigan Ave., Suite 1950 Chicago, IL 60601 Telephone: (312) 641-9750 - and - Stephen M. Tillery, Esq. Douglas R. Sprong, Esq. KOREIN TILLERY LLC 505 North 7th St., Suite 3600 St. Louis, MO 63101 Telephone: (314) 241-4844 CHICAGO: Suit Filed by Due Process-Denied Towed Auto Owners ------------------------------------------------------------ Chicagoist.com reports that attorney Tom Peters has filed a class action lawsuit against the City of Chicago on behalf of a woman who's car was mistakenly towed -- leaving the single mother with $2,000 in storage fees, meaningless due process, and no recourse. Mr. Peters told WBEZ that he suspects some 15,000 people have had their automobiles similarly improperly towed over the past five years. WBEZ said that they couldn't get in touch with the city's law department about the case though they reported that the city's spokeswoman said they're looking to settle. COMTEC TELECOM: Knows About 2 Securities Suits; No Other Activity ----------------------------------------------------------------- Comtech Telecommunications Corp. has been sued in two nearly identical purported class action lawsuits: -- Pompano Beach Police & Firefighters' Retirement System, et al. v. Comtech Telecommunications Corp., et al., Case No. 09-cv-3007 (E.D.N.Y.); and -- Lawing v. Comtech Telecommunications Corp., Case No. 09-cv-3182 (E.D.N.Y.). Comtech's Chief Executive Officer and Chief Financial Officer are also named as defendants. The Complaints, filed in July 2009, allege that Comtech violated Section 10(b) of the Securities Exchange Act of 1934 by making materially false and misleading statements with respect to revenue and earnings guidance for fiscal year 2009. The plaintiffs purport to sue on behalf of purchasers of Comtech stock between September 17, 2008, and March 9, 2009. The essence of the Complaints is that Comtech allegedly failed to disclose certain adverse facts that were allegedly known to exist at the time we issued the revenue and earnings guidance at issue in the Complaints. Comtech and its two officers, to date, have only been served with a complaint by the Pompano Beach Police and Firefighters' Retirement System. No other pleadings have been filed and no proceedings have taken place. Comtech believes the case has no merit and the company intends to vigorously defend itself and its officers in this action. DIRECTV INC: Undisclosed Termination Fee Suit Filed in Ariz. ------------------------------------------------------------ Courthouse News Service reports that DirecTV defrauds customers by not disclosing that when they buy or "upgrade" equipment they are bound into a one- to two-year contract, with "early termination" fees of up to $480, a class action claims in Maricopa County Court, Phoenix. A copy of the Complaint in Slakans v. DirecTV, Inc., Case No. CV2009-054111 (Ariz. Super. Ct., Maricopa Cty.), is available at: http://www.courthousenews.com/2009/09/28/DirecTV.pdf The Plaintiff is represented by: Paul B. Mengedoth, Esq. MENGEDOTH LAW FIRM LLC 14646 N. Kierland Blvd., Suite 140 Scottsdale, AZ 85254 Telephone: 480-778-9100 DIRECTV GROUP: Early Termination Fees Draw Injunction Request ------------------------------------------------------------- Law.com reports that The National Law Journal reports that lawyers for California customers of The DirecTV Group have filed a preliminary injunction motion seeking to stop the satellite television service from automatically withdrawing early cancellation fees from customer bank accounts and credit cards without their knowledge or consent. The motion came in a lawsuit alleging that DirecTV fails to adequately disclose the fees when customers sign up or change their service. A similar suit involving a nationwide class is pending in federal court in Los Angeles. The National Law Journal's full report is available at http://is.gd/3Kg7P One of the customer's lawyers in the proceeding before the Los Angeles Superior Court is: Jennifer Steinberg, Esq. MILSTEIN, ADELMAN & KREGER, LLP 2800 Donald Douglas Loop North Santa Monica, CA 90405 Telephone: 310.396.9600 ERIE INDEMNITY: Unpaid Overtime Worker Class Certified ------------------------------------------------------ Lisa Thompson at the Erie-Times News reports that a judge has given preliminary approval for a federal class-action lawsuit to proceed against Erie Indemnity Co. over allegations it failed to pay overtime to claims adjusters in one of its Pittsburgh-area offices. The case concerns workers in Erie Indemnity's Murrysville office, about 18 miles west of Pittsburgh. Erie Indemnity is the management arm of Erie Insurance Group, one of Erie County's largest employers. The lead plaintiff, John Stanislaw, alleges that since February 2006, claims adjusters in the Murrysville office have been denied overtime pay because management altered electronic pay records or knowingly failed to record or pay hours that adjusters worked outside the office. He wants the court to order Erie Indemnity to pay overtime and interest, damages and penalties on the wages it owes to those who he claims were shorted on overtime pay. For the class-action suit to proceed, the parties must now submit to U.S. District Judge Sean J. McLaughlin a proposed notice that will be advertised and mailed to the affected employees from the Murrysville office. Those employees may then seek to join the suit and share in any proceeds, should the plaintiffs prevail in the litigation. Erie Indemnity denies the allegations. Mr. Stanislaw, of Fairbank, near Washington, Pa., worked as a claims adjuster from April 2000 to Feb. 28, 2007, when he was fired, according to court records. He filed his suit in federal court in Erie, Pa., in August 2007. GLOBAL HORIZON: Thai Orchard Workers Allege Labor Violations ------------------------------------------------------------ Nick Divito at Courthouse News Service reports that in a [Los Angeles] Superior Court class action, migrant farm workers from Thailand say they were lured into paying up to $17,000 apiece to work in Washington state for $8.71 an hour, but were paid less than minimum wage and never got their promised work schedule. Somkhit Nasee, Wisit Kampilo and Bunsri Nametha say they were hired by Global Horizons Manpower to work as seasonal agricultural workers at Valley Fruit Orchards and/or Green Acre Farms in eastern Washington. The men say they had to pay for physical exams, visa applications, travel, passports and other fees of up to $17,000. They say they signed year-long employment contracts promising work for 8 hours a day, five days a week, at $8.71 an hour. But the men say they were not given the promised work, and that they were paid less than minimum wage when they did work. They seek unpaid wages and damages. The plaintiffs are represented by: Michael Withey, Esq. 601 Union Street, Suite 4200 Seattle, WA 98101 Telephone: (206) 405-1800 American Arbitration Association records available on-line at http://www.adr.org/sp.asp?id=31610indicate that Messrs. Nasee and Kampilo and Ratthapon Yapunya initiated an arbitration proceeding, identified as No. 11 160 00167 07, against Global Horizons Manpower, Inc., in January 2007, and that proceeding was terminated for failure to pay costs in October 2008. In that arbitration proceeding, the Claimants were represented by: Brad J. Moore, Esq. Stritmatter Kessler Whelan Coluccio 200 Second Ave West Seattle, WA 98119-4204 Telephone: 206-448-1777 Fax: 206-728-2131 - and - Jeffrey Finer, Esq. Center for Justice Community Bldg. 35 West Main, Suite 300 Spokane, WA 99201 Telephone: 509-835-5211 Fax: 509-835-3867 E-mail: jfiner@cforjustice.org and Global Horizon was represented by: Chrystal Bobbitt, Esq. Global Horizons Inc. 11111 Santa Monica Blvd. #1440 Los Angeles, CA 90025 Telephone: 310-234-8475 Fax: 310-234-0786 E-mail: chrystal@gmpusa.com Additionally, Messrs. Nasee, Kampilo and Yapunya sued Global Horizons Manpower, Inc., Mordechai Orian, Platte River Insurance Company, Accredited Surety And Casualty Company, Inc., Valley Fruit Orchards, LLC, and Green Acre Farms, Inc., in U.S. District Court in 2006. See Yapuna, et al., v. Global Horizons Manpower, Inc., et al., Case No. 06-cv-03048 (E.D. Wash.). HARLEYSVILLE NATIONAL: Three Suits Challenge First Niagara Merger ----------------------------------------------------------------- Harleysville National Corp. and First Niagara Financial Group, Inc., have been named as a defendant in two class action lawsuits: -- Seibert v. Harleysville National Corp., et al., Case No. 2009-23331 (Pa. Ct. of Common Pleas, Montgomery Cty.); and -- McAuvic v. Geraghty, et al., Case No. 2009-23764 (Pa. Ct. of Common Pleas, Montgomery Cty.); and Harleysville, but not First Niagara, has been named as a defendant in a third class action lawsuit: -- Shoemaker, et ux. v. Harleysville National Corp., et al., Case No. 2009-23602 (Pa. Ct. of Common Pleas, Montgomery Cty.). Both actions challenge the terms of the proposed merger transaction with Harleysville National Corporation and its wholly owned subsidiary, Harleysville National Bank. The Seibert and McAuvic complaints each charge that Harleysville National Corporation and its directors breached their fiduciary duties to Harleysville National Corporation stockholders by failing to negotiate a fair price for Harleysville National Corporation stock. In addition, the plaintiffs claim that the process leading to the proposed Merger was unfair. The complaints allege that First Niagara aided and abetted the breaches of fiduciary duty by Harleysville National Corporation and its directors. First Niagara says it believes the claims in the complaints are without merit. In the merger transaction: -- Harleysville is represented by: G. Daniel O'Donnell, Esq. Ian A. Hartman, Esq. DECHERT LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 - and - Nicholas Bybel, Jr., Esq. G. Philip Rutledge, Esq. Bybel Rutledge LLP 1017 Mumma Road, Suite 302 Lemoyne, PA 17043 -- First Niagara is represented by: John Mineo, Esq. Senior Vice President, General Counsel First Niagara Financial Group, Inc. 6950 South Transit Road P.O. Box 514 Lockport, NY 14095-0514 - and - John J. Gorman, Esq. Marc P. Levy, Esq. LUSE GORMAN POMERENK & SCHICK, P.C. 5335 Wisconsin Avenue, N.W., Suite 780 Washington, D.C. 20015 In the class action litigation: -- Mr. Seibert is represented by: Vincent Coppola, Esq. 513 Court Place Pittsburgh, PA 15219 -- Mr. McAuvic is represented by: Eric L. Young, Esq. KENNEY LENNON & EGAN 3031 C Walton Road, Suite 202 Plymouth Meeting, PA 19462 -- Mr. and Mrs. Shoemaker are represented by: Jason Brodsky, Esq. Two Bala Plaza, Suite 602 Bala Cynwyd, PA 19004 -- Harleysville and the individual Defendants are represented by: Michael J. Newman, Esq. DECHERT LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 - and - Joseph A. Tate, Esq. 1719 Packard Building Philadelphia, PA 19102 4952 - and - Mason Avrigian, Jr., Esq. Jeffrey P. Wallack, Esq. WISLER PEARLSTINE POTASH LLP 484 Norristown Road, Suite 100 Blue Bell, PA 19422 LABCORP: Lawyer Reportedly Sniffing for Class-Action Fodder ----------------------------------------------------------- Kirell Lakhman at Genomeweb.com reports that a law firm in Chicago specializing in debt collection hopes to file a class- action suit against LabCorp for allegedly inflating patient co- payments. Genomeweb relates that according to a post in the subtly named LabCorpSucks.com, "[i]t seems that LabCorp might be billing the patient's insurance company and then over-charging the patient more than the patient responsibility portion of the insurance company requires [sic] (or as they call it in the insurance world, more than the co-payment)." The writer of the missive says he "recently" received an email from: John Hoevel, Esq. Hoevel & Associates, P.C. 3725 N. Western Avenue Chicago, IL 60618 Telephone: 773-539-0937 Fax: 773-539-2201 "who is thinking about filing a class action lawsuit against LabCorp" based on these allegations. "The bottom line is that if LabCorp is billing patients more than they are allowed, Hoevel & Associates wants to stop them," according to the post. The post lists several criteria that potential plaintiffs must meet, and adds that LabCorp employees "might even get a reward" if they "know about this or any other unethical practice by LabCorp." Genomeweb says it's waiting to hear back from LabCorp and from Hoevel & Associates. MORTGAGE ELECTRONIC: Challenge to MERS' Forclosure Suit Standing ---------------------------------------------------------------- Courthouse News Service reports that Mortgage Electronic Registration Systems claims to be a real party in interest in thousands of foreclosure proceedings, but is not, according to a class action in San Francisco Federal Court. A copy of the Complaint in Perlas, et al. v. Mortgage Electronic Registration Systems, Inc., et al., Case No. 09-cv-04500 (N.D. Calif.), is available at: http://www.courthousenews.com/2009/09/28/Foreclose.pdf The Plaintiff is represented by: Michael R. Reese, Esq. REESE RICHMAN LLP 875 Avenue of the Americas, 18th Floor New York, NY 10001 PROMIGAS: Eight Years Later, Explosion Suit in "Initial Stage" -------------------------------------------------------------- A class action suit is pending against Promigas S.A. (a Colombian affiliate of AEI) whereby plaintiffs seek to recover $5 million in damages resulting from a pipeline explosion caused by terrorists in October 2001. While the matter is still in the initial stage, the Company does not believe that the currently expected outcome will have a material adverse effect on its financial condition, results of operations, or liquidity. No reserves in respect to this claim have been established by Promigas or AEI. PROVIDE COMMERCE: Suit Calls "Easy Saver Rewards Program" Bogus --------------------------------------------------------------- Elizabeth Banicki at Courthouse News Service reports that on-line retailer Provide Commerce charges customers for items they didn't order and don't want, through a bogus "Easy Saver Rewards Program," a class action claims in Federal Court. The San Diego- based business sells flowers and gifts through online sites ProFlowers, Cherry Moon Farms, Red Envelope, Secret Spoon, and Sharri's Berries, according to the complaint. Lead plaintiff Bobbi Sledge, of Dallas Dallas, says she bought flowers online from ProFlowers in April, and declined an offer to be enrolled in its Easy Saver Rewards Program. Sledge says she did not notice until August that her credit card had been charged $14.95 a month anyway for the Easy Saver program -- plus an "activation fee." For this offer, which she refused, she says she was offered a $15 discount coupon, which she never got. When she called to complain, an Easy Saver representative insisted she had enrolled but could not provide any proof of it, Sledge says. Sledge says she's not the only one who's complained of this. One customer says the charges were flagged by her bank because the bank knew Easy Saver as a company with "a lot of red flags," according to the complaint. Sledge seeks class damages for violations of the Consumers Legal Remedies Act, fraudulent misrepresentation, breach of contract, breach of good faith, negligence, false advertising, unjust enrichment, and conversion. A copy of the Complaint in Sledge v. Provide Commerce, Inc., Case No. 09-cv-2094 (S.D. Calif.), is available at: http://www.courthousenews.com/2009/09/28/EasySaver.pdf The Plaintiff is represented by: Burton LeBlanc, Esq. Melissa Hutts, Esq. Bruce Steckler, Esq. BARRON & BUDD, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219 - and - Lori E. Andrus, Esq. Jennie Lee Anderson, Esq. ANDRUS ANDERSON LLP 155 Montgomery Street, Suite 900 San Francisco, CA 94104 SALLY BEAUTY: Class Action Suit Filed in Los Angeles ---------------------------------------------------- Jacqueline Walrath-Rider, on behalf of herself and all others similarly situated, has sued Sally Beauty Holdings, Inc., a Delaware corporation, Case No. BC422531 (Calif. Super. Ct., Los Angeles Cty.), alleging violations of labor laws. The Plaintiff is represented by: Shaun Setareh, Esq. Law Offices of Shaun Setareh 9454 Wilshire Blvd., Penthouse Suite 3 Beverly Hills, CA 90212 Telephone: 310-888-7771 Fax: 310-888-0109 - and - Louis Benowitz, Esq. Law Office of Louis Benowitz 9454 Wilshire Blvd., Penthouse Suite 34 Beverly Hills, CA 90212 Telephone: 310-888-7771 Fax: 310-888-0109 Sally Beauty Holdings, Inc. (NYSE: SBH) is an international specialty retailer and distributor of professional beauty supplies with revenues of more than $2.5 billion annually. SANOFI-AVENTIS: Zimulti Class Action Suit Dismissed in S.D.N.Y. --------------------------------------------------------------- A.H. Mooradian, writing for Dow Jones Newswires, reports that French pharmaceutical giant Sanofi-Aventis SA disclosed that In re Sanofi-Aventis Securities Litigation, Case Nos. 07-cv-10279 and 08-cv-00021 (S.D.N.Y.) (Daniels, J.) -- a putative securities class action law suit against the company over its unsuccessful anti-obesity drug Zimulti -- has been dismissed with prejudice. A copy of Judge Daniel's 14-page Memorandum Opinion and Order is available at no charge to registered ECF users at https://ecf.nysd.uscourts.gov/doc1/12706882073 "The plaintiffs in the dismissed suit purported to represent a class of persons who relied on allegedly misleading or inaccurate statements made by or on behalf of the Company regarding the drug candidate Zimulti prior to its failure to obtain Food and Drug Administration approval in 2007," the French company said in a brief statement. Sanofi-Aventis said the court determined plaintiffs had failed to state an actionable claim. Zimulti, the Journal relates, acted as a receptor blocker and was to be the brand name Sanofi-Aventis would have used in the U.S. for its diet drug branded Accomplia in Europe, where it had been marketed since 2006. In November 2008 the company discontinued clinical trials of the drug, effectively ending its development. That December, it voluntarily withdrew its European Union marketing authorization for it. At the time, the European Medicines Agency had concerns Acomplia carried patient risk of depression, anxiety and stress disorders which outweighed the drug's benefits. Zimulti didn't make it onto the U.S. market after a 2007 FDA ban due to side effects which included heightened risk of suicidal thinking in patients. When it was introduced, the Journal continues, Accmomplia/Zimulti was hailed as a treatment for weight loss, substance abuse, smoking and diabetes, among others. It is generically known as rimonabant and inhibits receptors in the brain which crave for food and other substances. SUNTRUST BANK: Auction-Rate Securities Suit Dismissed in N.D. Ga. ----------------------------------------------------------------- Elizabeth Amon at Bloomberg News reports that the Honorable Thomas Thrash granted a SunTrust Banks' motion to dismiss Zisholtz v. SunTrust Banks Inc., Case No. 08-1287 (N.D. Ga.), on Sept. 25. The suit was brought by two investors claiming the SunTrust misrepresented auction-rate securities as liquid investments. Judge Thrash ruled that the investors failed to adequately claim the bank purposely misled investors. "The plaintiffs' theory is that high level corporate officials issued management directives and uniform sales materials to their employees, which intentionally or recklessly misrepresented the nature of auction rate securities," Judge Thrash wrote in the opinion. "This theory, while possible, is not strongly supported by the Plaintiffs' allegations." A copy of the Plaintiff's initial Complaint is available at: http://securities.stanford.edu/1039/STI_01/200842_f01c_081287.pdf The Plaintiff is represented by: Eduard Korinsky, Esq. Elizabeth Berney, Esq. Jerald M. Stein, Esq. Juan E. Monteverde, Esq. LEVI & KORSINSKY, LLP 39 Broadway, Suite 1601 New York, NY 10006 Telephone: (212) 363-7500 - and - Steven D. Toskes, Esq. KLAYMAN & TOSKES, P.A. 2424 North Federal Highway, Suite 450 Boca Raton, FL 33431 Telephone: (561) 997-9956 - and - Corey Daniel Holzer, Esq. Marshall P. Dees, Esq. Michael Ira Fistel , Jr., Esq. HOLZER, HOLZER & FISTEL, LLC 200 Ashford Center North, Suite 300 Atlanta, GA 30338 Telephone: (770) 392-0090 - and - David Andrew Bain, Esq. LAW OFFICE OF DAVID A. BAIN, LLC 1050 Promenade II 1230 Peachtree Street, NE Atlanta, GA 30309 Telephone: (404) 724-9990 SunTrust is represented by: Drew David Dropkin, Esq. Steven Lawrence Polk, Esq. Terry Robert Weiss, Esq. SUTHERLAND ASBILL & BRENNAN 999 Peachtree Street, N.E., Suite 2300 Atlanta, GA 30309-3996 Telephone: (404) 853-8000 TRANSFIRST: Credit Card Merchant Fee Suit Filed in Orange County ---------------------------------------------------------------- MWPlus, LLC, a Texas limited liability company, on behalf of itself and all others similarly situated, has sued TransFirst, LLC, a Delaware limited liability company, and TransFirst Holdings, Inc., a Delaware corporation, Case No. 30-2009-00180159 (Calif. Super. Ct., Orange Cty.), complaining about credit card processing agreement termination fees. The Plaintiff is represented by: Brian R. Strange, Esq. Gretchen Carpenter, Esq. Tamina Madsen, Esq. STRANGE & CARPENTER 12100 Wilshire Blvd., Suite 1900 Los Angeles, CA 90025 Telephone: 310-207-5055 Fax: 310-826-3210 - and - Jeffery J. Crandall, Esq. Owens & Crandall, PLLC 1859 North Lakewood Drive, Suit 104 Coeur d'Alene, ID 83814 Telephone: 208-667-8989 Fax: 208-667-1939 TRE MILANO: Suit Alleged False & Deceptive Bargain Pricing ---------------------------------------------------------- Courthouse News Service reports that Tre Milano doubled the price of its $155 "In Styler" hair product before offering a "buy one, get one free" sale, according to a class action fraud complaint in Bergen County Court, Hackensack, N.J. A copy of the Complaint in Hoffman v. Tre Milano, LLC, Docket No. BER-L-8154-09 (N.J. Super. Ct., Bergen Cty.), is available at: http://www.courthousenews.com/2009/09/28/CCAHair.pdf The Plaintiff, a member of the New Jersey Bar, is: Harold Hoffman, Esq. 240 Grand Avenue Englewood, NJ 07631 Telephone: 201-569-0086 E-mail: Hoffman.Esq@verizon.net New Securities Fraud Cases BETAWAVE CORP: Shareholders Allege Fraud in N.Y. State Ct. Suit --------------------------------------------------------------- Courthouse News Service reports that Betawave Corp. fka GoFish Corp. sold $12.25 million in securities under misrepresentations, shareholders claim in New York County Court. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Gracele D. Canilao, Leah Felisilda and Peter A. Chapman, Editors. Copyright 2009. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 240/629-3300. * * * End of Transmission * * *