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            C L A S S   A C T I O N   R E P O R T E R
            Friday, February 12, 2010, Vol. 12, No. 30
                            Headlines
AWB LTD: Shareholder Class Action Trial Begins in Sydney
APPLE: Suit Complains About iTunes Gift Card Redemption Policy
AT&T INC: Accused of Sending Unrequested Telephone Equipment
BMO NESBITT: Investment Adviser Sues for Overtime in Ontario
BRITAX CHILD: Recalls 14,900 Britax "Blink" Umbrella Strollers
CALEDONIA, ONTATIO: Superior Court Certifies Plaintiff Class
COPLEY PRESS: Sued in Calif. for Misclassifying Delivery Workers
DIRECTBUY: Lawsuit Claims $5,000 Membership Fee is a Scam
FEDERAL DEPOSIT: Still Owes Money to Universal Federal Depositors
GPC BIOTECH: S.D.N.Y. Closes Consolidated Securities Litigation
INNOVAGE LLC: Recalls 360,000 Discovery Kids(tm) Lamps
KOHLBERG CAPITAL: Glancy Binkow Files Shareholder Suit in Calif.
L'OREAL: Accused in Los Angeles of False Advertising
MANHATTAN GROUP: Recalls 2,800 Pull-A-Long Friends Toys
MIDLAND NATIONAL: 9th Cir. Again Blesses Hawaiian Seniors Class
NATURE'S SUNSHINE: D. Utah Approves Final Shareholder Settlement
NCAA: Loses Bid to Dismiss Ed O'Bannon's Class Action Lawsuit
PLAYBOY: Minority Shareholders Want Hefner to Take Buy-Out Offers
THIN CARE: Accused in Los Angeles of False Advertising
TINY LOVE: Recalls 800,000 Wind Chime Toys
UNITED HEALTH: Owes Technology Consultants $13 Mil., Suit Says
WALMART.COM: Accused of Conspiring with Rival in Calif. Suit
                        Asbestos Litigation
ASBESTOS ALERT: Rentech Has $210T Conditional Asset at Dec. 31
ASBESTOS UPDATE: RBS Global's Stearns Division Faces 3.5T Claims
ASBESTOS UPDATE: RBS Global's Prager Unit Faces 2 Injury Actions
ASBESTOS UPDATE: RBS Global's Falk Unit Facing 190 Injury Suits
ASBESTOS UPDATE: Zurn Facing 6,100 Exposure Lawsuits at Dec. 26
ASBESTOS UPDATE: GenCorp Facing 134 Pending Lawsuits at Nov. 30
ASBESTOS UPDATE: 571 Claims Pending v. Todd Shipyards at Dec. 27
ASBESTOS UPDATE: Union Pacific's Liability at $174Mil in Dec. 31
ASBESTOS UPDATE: ArvinMeritor Liability Still at $61M at Dec. 31
ASBESTOS UPDATE: Maremont Still Facing 26,000 Claims at Dec. 31
ASBESTOS UPDATE: ArvinMeritor Still Has $16M Rockwell Liability
ASBESTOS UPDATE: Magnetek Continues to Face Liability Lawsuits
ASBESTOS UPDATE: Generation Still Has $49Mil Reserves at Dec. 31
ASBESTOS UPDATE: Adaway Case v. Chevron Filed on Feb. 1 in Texas
ASBESTOS UPDATE: Burgess' Widow Launches Claim for Compensation
ASBESTOS UPDATE: Fontenot Claim v. Chevron Filed Feb. 1 in Texas
ASBESTOS UPDATE: 92T Open Claims Pending v. Ashland at Dec. 31
ASBESTOS UPDATE: 21T Claims Pending Against Hercules at Dec. 31
ASBESTOS UPDATE: Precision Castparts Still Named in Injury Cases
ASBESTOS UPDATE: Hartford Cites $1.892B Net Liability at Dec. 31
ASBESTOS UPDATE: CNA Financial Records $79M Reserve Development
ASBESTOS UPDATE: Rockwell Automation Party to Exposure Lawsuits
ASBESTOS UPDATE: Exposure Cases Ongoing v. BJ Services in Miss.
ASBESTOS UPDATE: Inquest Rules on Southampton Pipefitter's Death
ASBESTOS UPDATE: Ingram Family Seeks Info in Compensation Claim
ASBESTOS UPDATE: Cleanup at Lamar County Courthouse to Cost $40T
ASBESTOS UPDATE: Whatcom County Mulls $160,000 Swift Creek Study
ASBESTOS UPDATE: Cleanup at Union Springs School Slated for 2010
ASBESTOS UPDATE: Mann Payout Case Ongoing v. Crown Cork, Norfolk
ASBESTOS UPDATE: North Somerset to Spend GBP500,000 for Cleanup
ASBESTOS UPDATE: Ky. Appeal Court Upholds Ruling in Crane Action
ASBESTOS UPDATE: Del. Court Affirms Board Ruling in Rhodes Case
ASBESTOS UPDATE: Appeals Court Upholds Ruling in Linkus' Lawsuit
ASBESTOS UPDATE: Cabot Corp. Still Involved in AO Exposure Suits
ASBESTOS UPDATE: Fairmont Still Faces 22,500 Claims in 7 States
ASBESTOS UPDATE: Mueller Units Still Named in Exposure Lawsuits
ASBESTOS UPDATE: STERIS Corp. Still Involved in Exposure Actions
ASBESTOS UPDATE: Skilled Healthcare Records $5.5M ARO at Dec. 31
ASBESTOS UPDATE: Travelers Expends in 4Q2009 to Lobby for Claims
ASBESTOS UPDATE: Abatement at Harrison County Hospital Underway
ASBESTOS UPDATE: Menssen Wins $17.87M Case v. Pneumo, Honeywell
ASBESTOS UPDATE: HB 629 Shields Crown Cork From Exposure Claims
ASBESTOS UPDATE: Appeal Court Upholds Ruling in Quinn's Lawsuit
ASBESTOS UPDATE: Calif. Court Affirms Delahaye's Move to Remand
ASBESTOS UPDATE: La. Appeal Court Affirms Ruling in Brumley Case
ASBESTOS UPDATE: Appeal Court OKs Board Ruling in Straight Case
ASBESTOS UPDATE: Corning Records $682Mil Liabilities at Dec. 31
ASBESTOS UPDATE: Central Hudson Facing 1,188 Lawsuits at Dec. 31
ASBESTOS UPDATE: Allstate Has $1.180B Claims Reserves at Dec. 31
ASBESTOS UPDATE: Zenith Records 304 Exposure Actions at Dec. 31
ASBESTOS UPDATE: Giles Widow Seeking Info in Compensation Claim
ASBESTOS UPDATE: Martin Case v. 10 Firms Filed Feb. 9 in Indiana
ASBESTOS UPDATE: Court To Accept 5 Amicus Briefs in Peirce Case
ASBESTOS UPDATE: Volkswagen Calls For Hearing on Asbestos Expert
ASBESTOS UPDATE: Berengo Trial v. Hardie, CSR Slated for Feb. 16
ASBESTOS UPDATE: Aberdeen School in Miss. Scheduled for Cleanup
ASBESTOS UPDATE: Court Reverses Summary Judgment in Cashman Case
                            *********
AWB LTD: Shareholder Class Action Trial Begins in Sydney
--------------------------------------------------------
ABC Rural in Australia reports that lawyers have begun their case 
in the latest class action against AWB in the Federal Court in 
Sydney.
More than 1,000 shareholders want $100 million in compensation 
for the collapse in AWB's share price, after the wheat exporter 
paid kick backs to Iraq.
Lawyers for the shareholders are claiming AWB knew, or ought to 
have known, that it breached trade sanctions between 1999 and 
2003.
Lawyers Maurice Blackburn opened by telling the court a largely 
documentary case will be used to prove AWB knew money paid to 
transport company Alia was being funnelled back to the Saddam 
Hussein regime, and that AWB's claims that it paid for inland 
transport in good faith were false.
Lawyers also outlined the details of trade sanctions against 
Iraq, and argued that if AWB had been full and frank about its 
dealings in Iraq, it would not have been granted wheat export 
permits.
The Class Action Reporter noted on Tues., Feb. 9, 2010, that this 
is the first shareholder class action proceeding to reach a trial 
in Australia because settlements between parties are the usual 
outcome.
The trial is scheduled to run for five weeks.
APPLE: Suit Complains About iTunes Gift Card Redemption Policy
--------------------------------------------------------------
Courthouse News Service reports that Apple computer refuses to 
redeem iTunes gift cards for cash when their balance falls below 
$10, a class action claims in Los Angeles Superior Court.
AT&T INC: Accused of Sending Unrequested Telephone Equipment
------------------------------------------------------------
Tracey Dalzell Walsh at Courthouse News Service reports that
in an ultimate cramming case, a federal class action claims that 
AT&T not only allows a crammer to bill them for services they 
don't want, it lets Innotrac bills them for telephones that it 
sent and the customers don't want either. 
Richard Matthews claims UPS delivered him a package containing 
phones and an answering machine. 
"Plaintiff did not order or request this equipment," the 
complaint states.  "He called AT&T and asked them what authority 
they had to send this unrequested equipment.  AT&T stated that 
they couldn't answer his question, but referred him to Innotrac's 
telephone number," where, AT&T said, he could ask Innotrac for "a 
label to use in returning the equipment." 
Mr. Matthews says that AT&T told him that "if he did not return 
the equipment, he would be billed through his residential 
telephone service for this equipment."
Sure enough, the next month, the phones and answering machine 
were charged to his telephone bill, Mr. Matthews says.
To top it off, AT&T changed his residential phone package without 
asking him, adding $18 to his monthly bill.
Mr. Matthews says he "called AT&T and asked them what authority 
they had to randomly change his telephone service.  AT&T stated 
that they were not sure why his telephone package had suddenly 
increased."  The telephone company added that "customer 
authorization was needed" before it could do that, though.
Mr. Matthews wants an injunction and damages for racketeering, 
fraud and conversion.
A copy of the Complaint in Matthews v. AT&T Inc., et al., 
Case No. 10-cv-00287 (N.D. Ala.), is available at:
     
     http://www.courthousenews.com/2010/02/09/Innotrac.pdf 
The Plaintiff is represented by:
          Jere L. Beasley, Esq.
          W. Daniel "Dee" Miles, III, Esq.
          BEASLEY, ALLEN CROW, METHVIN, PORTIS, & MILES, P.C.
          P.O. Box 4160
          Montgomery, AL 36103-4160
          Telephone: 334-269-2343
BMO NESBITT: Investment Adviser Sues for Overtime in Ontario
------------------------------------------------------------
Evelyn Juan, writing for Dow Jones Newswires, reports that a 
former BMO Nesbitt Burns broker has filed a C$100 million claim 
alleging that the Bank of Montreal retail brokerage unit failed 
to pay overtime to its investment advisers in Ontario.
The claim, filed by Yegal Rosen at the Ontario Superior Court of 
Justice, is seeking class-action status to cover Ontario-based 
advisers, investment consultants, and financial representatives 
who were employed at BMO Nesbitt Burns starting in 2002.
Mr. Rosen's lawyer:
          Henry Juroviesky, Esq. 
          JUROVIESKY & RICCI LLP
          4950 Yonge Street, Suite 904
          Toronto, Ontario M2N 6K1
          CANADA
          Telephone: (416) 481-0718 
said the claim could cover 1,800 to 2,000 BMO investment advisers 
in Ontario, where the provincial labor standards act mandates 
that employers pay at least 1.5 times the regular rate for 
working in excess of 44 hours a week.
"The Ontario act doesn't exempt commission-based sales employees, 
unlike the federal law which exempts commission-based sales 
persons of financial products," Mr. Juroviesky said.  Since BMO 
Nesbitt Burns is an Ontario corporation, Mr. Juroviesky said the 
BMO unit is mandated to follow Ontario labor standards for 
employees in the province.
The BMO complaint could prompt similar claims against other 
Ontario-incorporated retail brokerage houses which don't pay 
overtime to brokers, Mr. Juroviesky added.
BMO Nesbitt Burns intends to defend the proposed action, 
according to a company spokesman. "BMO Nesbitt Burns has a 
process that deals fairly with overtime for its employees," the 
spokesman said.
Mr. Rosen, based in Thornhill, Ont., worked as an investment 
adviser with BMO from June 2002 to April 2006.  He claims that 
branch managers would provide advisers with goals and targets to 
increase assets under management and commission levels, given 
that branch managers are paid a percentage of their branch's 
asset level.
Advisers are typically paid a percentage of the commissions and 
fees that they generate annually.  The higher the commissions and 
fees, the higher the payout for the adviser.
"In order for the plaintiff and other employees to achieve the 
goals and meet the targets . . . plaintiff and other class 
members were required to work overtime to complete their job 
requirements and expectations," according to the court filing.
None of the claims have been proven in court.
Similar overtime claims have been settled by major retail 
brokerage houses in U.S. Some firms were compelled to rejig their 
compensation structure by instituting a monthly minimum salary 
(instead of a draw) for all financial advisers, and by absorbing 
certain fees that were previously docked from broker's 
commissions.
Morgan Stanley agreed to pay $50 million to settle an overtime 
claim, UBS AG agreed to pay C$89 million; Citigroup Inc., $98 
million, and Merrill Lynch, now part of Bank of America Corp., 
agreed to pay $37 million to settle claims in California.
In Canada, a similar overtime case claiming C$600 million in 
damages was filed by a bank teller in June 2007 against Canadian 
Imperial Bank of Commerce.  Another overtime claim worth C$350 
million was also lodged against CIBC Capital Markets in 2008 
covering banking, capital-markets, and retail-brokerage 
employees, said Mr. Juroviesky, who is working on the latter 
case.  Both cases are still pending.
BRITAX CHILD: Recalls 14,900 Britax "Blink" Umbrella Strollers
--------------------------------------------------------------
The U.S. Consumer Product Safety Commission and Health Canada, in 
cooperation with Britax Child Safety, Inc., of Charlotte, N.C., 
announced a voluntary recall of 14,000 Britax "Blink" Umbrella 
Strollers in the United States and 900 in Canda.  Consumers 
should stop using recalled products immediately unless otherwise 
instructed.
The stroller's hinge mechanism poses a fingertip amputation and 
laceration hazard to the child when the consumer is unfolding or 
opening the stroller.
No incidents or injuries have been reported.
This recall involves all Britax "Blink" single umbrella 
strollers. "Blink" is printed on the metal frame on both sides of 
the stroller, below the hand grips. The recalled "Blink" 
strollers have model numbers U261813, U261814, U261815, U261816, 
U261817, U271813, U271817 and U271815 and were manufactured 
between May 2009 and September 2009. The model number and 
manufacturing date can be found on a white label on the stroller 
frame, near the bottom of the stroller basket.  A picture of the 
recalled product is available at:
     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10137.html
The recalled strollers were manufactured in China and sold at Buy 
Buy Baby and other juvenile product and mass merchandise 
retailers nationwide in the U.S. and Canada and on the Web at 
http://www.Amazon.com/and http://www.babiesrus.com/and  
http://www.Target.com/and http://www.Diapers.com/from July 2009  
through February 2010 for about $150.
Consumers should immediately stop using the recalled 
strollers and contact Britax to receive free stroller hinge 
covers.  For additional information, contact Britax toll-free at 
(888) 427-4829 between 8:00 a.m. and 5:00 p.m., Eastern Time, 
Monday through Friday, or visit the firm's website at 
http://www.BlinkRecall.com/
CALEDONIA, ONTATIO: Superior Court Certifies Plaintiff Class
------------------------------------------------------------
The Hamilton Spectator reports that a Superior Court judge has 
given the go-ahead to a class-action lawsuit over the 2006 native 
occupation in Caledonia, Ont.
The lawsuit involves four businesses and 14 Caledonia residents 
and alleges police actions caused them "to suffer an economic 
loss."
The suit names former Ontario Provincial Police commissioner Gwen 
Boniface, the Ontario government and others.
The suit further alleges the provincial police and the province 
broke laws in their response to the occupation.
The allegations have yet to be proven in court and the Crown 
Attorney's office has 30 days to appeal the certification.
"This is a very unusual class-action lawsuit in Ontario," said 
plaintiff lawyer John Findlay.
"It's a class-action suit that has to do with accountability of 
public officials." 
COPLEY PRESS: Sued in Calif. for Misclassifying Delivery Workers 
----------------------------------------------------------------
Courthouse News Service reports that the Copley Press and the San 
Diego Union Tribune deny delivery workers overtime by 
misclassifying them as independent contractors, according to a 
class action in San Diego Superior Court.
Copies of (i) the Notice of Case Assignment, (ii) the Workers' 
Class and Representative Action Complaint for Damages and 
Injunctive Relief for Failure to Pay Minimum Wage (Labor Code 
Secs. 1194, 1194.2, 1197); Failure to Pay Overtime Compensation 
(Labor Code Secs. 510, 1194 et seq.); Failure to Provide Rest 
Periods or Compensation in Lieu Thereof (Labor Code Sec. 226.7; 
IWC Wage Orders); Failure to Reimburse for Reasonable Business 
Expenses (Labor Code Sec. 2802); Unlawful Deductions From Wages 
(Labor Code Secs. 221, 223); Failure to Timely Pay Wages Due at 
Termination (Labor Code Secs. 201, 202, 203); Failure to Provide 
Accurate Wage Statements (Labor Code Sec. 226); Conversion; 
Unfair Business Practices (Bus. & Prof. Code Sec. 17200 et seq.); 
Declaratory Relief; Accounting; and Injunctive Relief, and (iii) 
the Summons in Casillas, et al. v. The Copley Press, Inc., 
et al., Case No. 37-2010-00085012 (Calif. Super. Ct., San Diego 
Cty.) (Hayes, J.), are available at:
         
     http://www.courthousenews.com/2010/02/10/EmployUT.pdf 
The Plaintiffs are represented by:
                              
          Raul Cadena, Esq.
          Nicole R. Roysdon, Esq.
          CADENA CHURCHILL, LLP
          701 "B" St., Suite 1400
          San Diego, CA 92101
          Telephone: 619-546-0888
DIRECTBUY: Lawsuit Claims $5,000 Membership Fee is a Scam
---------------------------------------------------------
The Indianapolis law firm Cohen & Malad, LLP and New York firm 
Milberg, LLP have filed a class action lawsuit against Indiana-
based DirectBuy for the fraudulent marketing of its "wholesale" 
buying club.  The case asserts that DirectBuy misleads customers 
by promoting a $5,000 membership fee which entitles members to 
purchase a wide array of goods at wholesale prices with no 
markup, and that DirectBuy makes no profits other than from the 
membership fees.  In reality, DirectBuy makes a substantial 
profit from product markups, exorbitant shipping and handling 
fees, and tens of millions in annual rebates from manufacturers 
that DirectBuy conceals from customers.
According to one of the Plaintiff's attorneys:
          Irwin B. Levin, Esq.
          COHEN & MALAD, LLP
          One Indiana Square, Suite 1400
          Indianapolis, IN 46204
          Telephone: 317.636.6481
"This is the worst kind of consumer scam, plain and simple. 
DirectBuy engages in high-pressure sales tactics to dupe people 
into paying more than $5,000 for a membership. But instead of 
getting true wholesale prices, customers pay marked-up prices, 
and DirectBuy profits handsomely on the back end through rebates 
and inflated shipping charges."
Cohen & Malad seeks class action status for this case and the 
recovery of damages suffered by DirectBuy's customers.  A jury 
trial has been demanded.
Founded in 1968, Cohen & Malad -- http://www.cohenandmalad.com
-- represents clients from throughout the United States in a 
variety of legal matters. 
FEDERAL DEPOSIT: Still Owes Money to Universal Federal Depositors
-----------------------------------------------------------------
Bridget Freeland at Courthouse News Service reports that in a 
federal class action, account holders at a failed bank say the 
Federal Deposit Insurance Corp. has not fully compensated them 
since the Universal Federal Bank was brought down by compulsive 
gambler Adam Resnick, who ran a multimillion-dollar check-kiting 
scheme.  The depositors also demand Mr. Resnick's $2 million 
share of the $20 million that the government collected in a 
separate, qui tam health-care fraud case in which Mr. Resnick was 
the relator. 
The class claims Mr. Resnick's check kiting fraud cost the bank 
more than $10 million, forcing the FDIC to take control of the 
institution in June 2002.  They want restitution of the deposits 
they held at the time "in excess of $100,000."
The class claims that Mr. Resnick deposited money from an account 
belonging to his employer, Navarro, Elisco and Associates, into 
Universal's account at American National Bank and Trust.  He was 
able to withdraw and use the money immediately, with the help of 
Universal's Chief Operating Officer, Antonette Navarro, the class 
claims. 
"Defendant Resnick and his eventual co-defendant (in a criminal 
case) Antonette Navarro (head of Universal Federal) agreed that 
Defendant Resnick would make deposits into Universal's account at 
ANB and communicate the amounts of the deposit by telephone to 
Navarro at Universal, and that Navarro would cause the total 
amount reported by Defendant Resnick to be credited immediately 
to NEA's account at Universal, and would make the total amount 
reported by Defendant Resnick immediately available for the use 
of Defendant Resnick and other signers on the NEA account," the 
complaint states, citing Mr. Resnick's plea agreement.
"Defendant Resnick took advantage of this arrangement to engage 
in a check kiting scheme between the NEA account at Universal and 
Universal's account at ANB.
Defendant Resnick wrote Non-Sufficient Funds (NSF) checks on the 
NEA account, deposited those NSF checks in Universal's 
correspondent account at ANB, received immediate availability of 
those funds in NEA's account at Universal, withdrew some or all 
of the immediately available funds, and then covered the previous 
NSF checks plus the withdrawn funds by depositing even larger 
amounts of NSF checks drawn on NEA's Universal account into 
Universal's correspondent account at ANB.  This cycle continued 
almost daily for more than six months.
"Defendant Resnick made approximately 138 fraudulent deposits 
into the Universal account at ANB for the purpose of creating 
fraudulently inflated balances in the NEA account at Universal," 
the complaint states.  "These fraudulent deposits included more 
than $200 million in NSF checks drawn on the NEA account at 
Universal, and Defendant Resnick used the fraudulent balances in 
the NEA account to write checks to third parties, and to pay for 
wire transfers to online gambling businesses and casinos in 
Hammond, Indiana and Las Vegas, Nevada." 
In 2007, Mr. Resnick was sentenced to 42 months in prison and 
ordered to pay $9.7 million in restitution.
The named plaintiffs in the class action, Joseph Pavlik and Donna 
Smithey, want the amounts over $100,000 that they had on deposit 
at Universal.
They say the FDIC has closed its receivership, "despite still 
owing money to depositors, and ignoring the depositors' interest 
in the corpus of the former Universal Federal, including the 
unpaid restitution award." 
The class claims that the FDIC declared on its "Universal 
information page" that it has made all "dividend distributions 
required by law," but also shows that it has not fully paid all 
the depositors.  It claims that any restitution Mr. Resnick pays 
will go to the FDIC, rather than to the bank's depositors and 
creditors.
The class claims that depositors are the FDIC's first priority by 
law, and it demands enforcement.  It sued the FDIC and 
Mr. Resnick, and the estate of Universal Federal Bank as a 
nominal defendant, since the bank no longer has a board of 
directors. 
A copy of the Depositors' Class Action and Verified Derivative 
Action Complaint in Pavlik, et al. v. Federal Deposit Insurance 
Company, et al., Case No. 10-cv-00816 (N.D. Ill.), is available 
at:
     http://www.courthousenews.com/2010/02/09/Resnick.pdf 
The Plaintiffs are represented by:
          Clinton A. Krislov, Esq.
          Jeffrey M. Salas, Esq.
          KRISLOV & ASSOCIATES, LTD.
          20 North Wacker Drive, Suite 1350
          Chicago, IL 60606
          Telephone: 312-606-0500
GPC BIOTECH: S.D.N.Y. Closes Consolidated Securities Litigation
---------------------------------------------------------------
Agennix AG announced this week that the class action lawsuit 
brought against its predecessor, GPC Biotech AG, in the United 
States District Court for the Southern District of New York, is 
now fully closed.
In March 2009, the Court issued an order dismissing the 
consolidated class action complaint against GPC Biotech in the 
action that was commenced in July 2007.  Pursuant to that order, 
the plaintiffs were given the opportunity to file a motion 
seeking permission of the Court to file an amended consolidated 
class action complaint.  The plaintiffs subsequently filed this 
motion with the Court and the Company opposed the request.  On 
December 29, 2009 the Court issued a decision denying the 
plaintiff's request to file an amended complaint and ordered that 
judgment be entered dismissing the complaint in accordance with 
the Court's decision of March 12, 2009, with prejudice.  The 
period to file an appeal to that decision has now expired and the 
case is fully closed.
In 2007, several class-action complaints were filed against GPC
and certain of its executive officers, on behalf of all persons
and entities who purchased or otherwise acquired GPC securities
between December 5, 2005, and July 24, 2007, inclusive (Class
Action Reporter, Aug. 9, 2007).
The consolidated securities cases are:
     -- Robert Corwin, et al. v. Bernd R. Seizinger et al.,
        Case No. 07-cv-06728 (S.D.N.Y.),
     -- Istvan Temesfoi, et al. v. GPC Biotech AG, et al., 
        Case No. 07-cv-07016 (S.D.N.Y.), and
     -- Audrey Dang, et al. v. GPC Biotech AG, et al., 
        Case No. 07-cv-07476 (S.D.N.Y.) (Chin, J.).
                         About Agennix
Agennix AG -- http://www.agennix.com/-- is a publicly traded  
biopharmaceutical company that is developing novel therapies in 
areas of major unmet medical need to improve the length and 
quality of life of seriously ill patients. The Company's most 
advanced program is talactoferrin, an oral targeted therapy that 
is in Phase 3 clinical trials in non-small cell lung cancer. 
Agennix also has recently reported positive results from a Phase 
2 trial evaluating talactoferrin in severe sepsis. Other clinical 
development programs include RGB-286638, a multi-targeted kinase 
inhibitor in Phase 1 testing; the oral platinum-based compound 
satraplatin; and a topical gel form of talactoferrin for diabetic 
foot ulcers. Agennix's registered seat is in Heidelberg, Germany. 
The Company has three sites of operation: Martinsried/Munich, 
Germany; Princeton, New Jersey and Houston, Texas. 
INNOVAGE LLC: Recalls 360,000 Discovery Kids(tm) Lamps
------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with 
Innovage LLC, of Foothill Ranch, Calif., announced a voluntary 
recall of about 360,000 Discovery Kids(tm) Animated Marine and 
Safari Lamps.  Consumers should stop using recalled products 
immediately unless otherwise instructed. 
A defect in the lamp's printed circuit board can cause an 
electrical short, posing a fire and burn hazard to consumers.
Innovage has received nine reports of incidents, including seven 
reports of lamps catching fire, one involving smoke inhalation 
injury to a child and three involving minor property damage.
This recall involves the Discovery Kids(tm) Animated Marine Lamp 
with model number 1627121 or 1628626 and the Animated Safari Lamp 
with model number 1627124 or 1628626.All models have batch 
numbers beginning with "2". The decorative lamps are silver in 
color and feature rotating films with marine or safari scenes. 
"Discovery Kids" is printed on the front top left corner. The 
batch number is an 11 digit number located on the bottom of each 
unit. The model number can be found on the bottom of the 
packaging.  Pictures of the recalled products are available at
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10135.html
The recalled lamp fixtures were manufactured in China and sold at 
mass merchandisers, department, drug and hardware stores 
nationwide, online and through direct sales from July 2009 
through January 2010 for about $10.
Consumers should immediately stop using the lamps, and contact 
Innovage for information on returning the product for a full 
refund.  For additional information, contact Innovage toll-free 
at (888) 232-1535 between 9:00 a.m. and 5:00 p.m., Pacific Time, 
Monday through Friday, visit the firm's Web site at 
http://www.lamprecall.org/or e-mail info@lamprecall.org 
KOHLBERG CAPITAL: Glancy Binkow Files Shareholder Suit in Calif.
----------------------------------------------------------------
Glancy Binkow & Goldberg LLP has filed a class action lawsuit in 
the United States District Court for the Central District of 
California on behalf of a class consisting of all persons or 
entities who purchased the securities of Kohlberg Capital 
Corporation (Nasdaq:KCAP) between March 16, 2009, and December 
24, 2009, inclusive.
A copy of the Complaint in Lachman v. Kohlberg Capital Corp., 
Case No. 10-cv-00231 (S.D.N.Y.), is available at: 
     http://www.glancylaw.com/pdf/KCAP.pdf
The Complaint charges Kohlberg and certain of the Company's 
executive officers and/or directors with violations of federal 
securities laws. Kohlberg is an investment company which 
originates, structures, finances and manages a portfolio of term 
loans, mezzanine investments and selected equity securities in 
middle market companies. The Complaint alleges that throughout 
the Class Period defendants knew or recklessly disregarded that 
their public statements concerning Kohlberg's operations and 
financial performance were materially false and misleading. 
Specifically, plaintiff alleges the Company reported inflated 
earnings that violated Generally Accepted Accounting Principles 
by failing to properly account for the fair value of its 
investment portfolio under FASB Statement of Financial Accounting 
Standards No. 157 - Fair Value Measurements.
On November 9, 2009, Kohlberg announced its auditor, Deloitte & 
Touche LLP, raised questions concerning the Company's methodology 
and process in valuing its loan portfolio under GAAP. As a result 
of these questions, the Company stated it would not be able to 
timely file with the SEC its third quarter results for the period 
ended September 30, 2009. As a result, the Company's stock price 
fell $0.56 per share, or more than 10%, to close at $4.96.
On December 15, 2009 Kohlberg announced that its financial 
statements for the fiscal year ended December 31, 2008 and the 
first two quarters of 2009 should no longer be relied upon, due 
to issues regarding valuation of the Company's loan portfolio.
On December 24, 2009, Kohlberg filed with the Securities and 
Exchange Commission a letter it received from Deloitte, in which 
Deloitte disagreed with many of Kohlberg's contentions in its 
recent disclosures. Deloitte stated, among other things: (a) that 
management essentially ceased providing substantive information 
about the Company's valuation of its loan portfolio to Deloitte 
on December 14, 2009; (b) that significant unanswered and 
unfulfilled information requests remain outstanding; (c) that 
Kohlberg had previously provided Deloitte a revised valuation of 
the Company's loan portfolio as of December 31, 2008, which 
reflected a material reduction in the fair value of the Company's 
loan portfolio investments as of that date, but that those 
revisions had not been shown to certain Kohlberg board members as 
of December 15, 2009; and (d) that Deloitte now believes the 
information supporting the fair values reflected in the Company's 
previously issued 2008 and interim financial statements was and 
continues to be incomplete and inaccurate.
In response to this news, over the next two trading days, shares 
of Kohlberg declined $0.44 per share or 8.5% per share, to close 
at $4.72 on December 29, 2009.
Plaintiff seeks to recover damages on behalf of class members and 
is represented by Glancy Binkow & Goldberg LLP, a law firm with 
significant experience in prosecuting class actions, and 
substantial expertise in actions involving corporate fraud.
If you are a member of the class described above, you may move 
the Court, no later than March 1, 2010, to serve as lead 
plaintiff, however, you must meet certain legal requirements. If 
you wish to discuss this action or have any questions concerning 
this Notice or your rights or interests with respect to these 
matters, please contact:
          Michael Goldberg, Esq.
          Glancy Binkow & Goldberg LLP
          1801 Avenue of the Stars, Suite 311
          Los Angeles, CA 90067
          Telephone: (310) 201-9150 
          
The other lawyers representing the plaintiff are:
          Marc I. Gross, Esq. 
          Jeremy Lieberman, Esq. 
          POMERANTZ HAUDEK GROSSMAN & GROSS LLP
          100 Park Avenue, 26th floor
          New York, NY 10017
          Telephone: 212-661-1100
               - and -  
          Patrick V. Dahlstrom, Esq. 
          POMERANTZ HAUDEK GROSSMAN & GROSS LLP
          Ten South LaSalle Street, Suite 3505
          Chicago, IL 60603
          Telephone: 312-377-1181
               - and - 
          Lionel Z. Glancy, Esq. 
          Glancy Binkow & Goldberg LLP
          1801 Avenue of the Stars, Suite 311
          Los Angeles, CA 90067
          Telephone: (310) 201-9150 
L'OREAL: Accused in Los Angeles of False Advertising
----------------------------------------------------
Courthouse News Service reports that L'Oreal falsely advertises 
that its products can "Refill Wrinkles in Just One Hour!" and so 
on, a class action claims in Los Angeles Superior Court.
MANHATTAN GROUP: Recalls 2,800 Pull-A-Long Friends Toys
-------------------------------------------------------
The U.S. Consumer Product Safety Commission and Health Canada, in 
cooperation with Manhattan Group LLC, of Minneapolis, Minn., 
announced a voluntary recall of about 2,400 Pull-A-Long Friends 
Toucan(tm), Pull-A-Long Friends Alligator(tm), and Pull-A-Long 
Friends Sharky(tm) in the United States and 400 in Canda.  
Consumers should stop using recalled products immediately unless 
otherwise instructed.
The toy has wooden components that can break or come loose, 
posing a choking and aspiration hazard to young children.
No incidents or injuries have been reported.
This recall involves three types of pull-toys: Pull-A-Long 
Friends Toucan(tm) with lot code 210720GB, Pull-A-Long Friends 
Alligator(tm) with lot code 210750GB, and Pull-A-Long Friends 
Sharky(tm) with lot code 210530GB. The Toucan has a large yellow 
and black beak and blue striped wings. The crocodile is green and 
has a red ridge on its back and red wheels with yellow polka 
dots. The shark has blue swirls painted on its wheels and an 
orange wooden fish on the pull string. The lot code is printed on 
the bottom of the toy.  Pictures of the recalled products are 
available at:
     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10138.html
The recalled toys were manufactured in Thailand and sold at gift 
and specialty stores nationwide, online and through catalogs from 
September 2009 through January 2010 for about $22.
Consumers should take the toys away from young children 
immediately and return them to the store where purchased for a 
refund or a replacement toy.  For additional information, contact 
Manhattan Group at (800) 541-1345 between 8:00 a.m. and 5:00 
p.m., Central Time, Monday through Friday or visit the firm's Web 
site at http://www.manhattantoy.com/
MIDLAND NATIONAL: 9th Cir. Again Blesses Hawaiian Seniors Class 
---------------------------------------------------------------
Elizabeth Banicki at Courthouse News Service reports that 
Hawaiian seniors who say they bought deceptively marketed life 
insurance annuities that can sue Midland National Life Insurance 
Co. as a class, the United States Court of Appeals for the Ninth 
Circuit ruled, as "there is no reason to look at the 
circumstances of each individual purchase."
Through independent brokers, Midland sold life insurance 
annuities to Hawaiian seniors from 2001 through 2005.  The 
insurance company's brochures failed to disclose that the 
annuities were too risky and thus unsuitable for seniors, the 
investors claim.
The district court denied class certification under Hawaii law, 
ruling that "each plaintiff would have to show subjective, 
individualized reliance on deceptive practices within the 
circumstances of each plaintiff's purchase of the annuity."
It said Hawaii state law requires a showing of individualized 
reliance. 
But the 9th Circuit panel in Honolulu found that the class 
certification hinged on whether the alleged misrepresentations 
would likely deceive a reasonable consumer, not the individual 
damages.  If the plaintiffs succeed under this standard, the 
three-judge panel ruled, there might be an issue of individual 
damages at a later point in litigation.
 
Judge Mary Schroeder said the district court's ruling was based 
on a "misinterpretation of Hawaii law."  "Hawaii's state courts 
have made clear that Hawaii's consumer protection laws are 
flexible and may be enforced through the class action mechanism," 
Judge Schroeder wrote.  
"Because there are no individualized issues of subjective 
reliance under Hawaii law," Judge Schroeder added, "we hold that 
the district court erred when it denied class certification."  
	
A copy of the decision in Yokoyama, et al. v. Midland National 
Life Insurance Company, No. 07-16825 (9th Cir.), is available at:
     http://ResearchArchives.com/t/s?519d
The Plaintiffs-Appellants are represented by:
          James J. Bickerton, Esq.
          BICKERTON LEE DANG & SULLIVAN
          745 Fort St., Suite 801
          Honolulu, HI 96813
          Telephone: 808-599-3811 
Midland National Life Insurance Company, the Defendant-Appellee, 
is represented by:
          Robert D. Phillips, Jr., Esq.
          REED SMITH LLP
          1999 Harrison St., Suite 2400
          Oakland, CA 94612-3572
          Telephone: 510-763-200
The Ninth Circuit withdrew its opinion dated Aug. 28, 2009, which 
also said class certification is appropriate in Yokoyama v. 
Midland National Life Ins. Co., Case No. 05-cv-00303 (D. Hawaii) 
(Seabright, J.).  The Class Action Reporter covered the Ninth 
Circuit's earlier ruling on Sept. 4, 2009.
NATURE'S SUNSHINE: D. Utah Approves Final Shareholder Settlement
----------------------------------------------------------------
A federal judge in the United States District Court for the 
District of Utah has issued an Order and Final Judgment approving 
the settlement of a consolidated class action suit brought 
against Nature's Sunshine Products, Inc., and various past and 
present directors and officers, alleging violations of the 
federal securities laws. Information regarding the proposed 
settlement terms of the lawsuit, which are now final, can be 
found in the Company's Form 10-Q for the quarter ended September 
30, 2009, which was filed with the U.S. Securities and Exchange 
Commission. 
The Court's order dismisses Hyman v. Nature's Sunshine Products 
et al., Case No. 06-cv-00267 (D. Utah) (Stewart, J.), with 
prejudice.  The settlement also includes a release of all claims 
held by the class members. All payments due under the terms of 
the settlement have been funded by the Company's insurer.
"We are pleased that this matter is now behind us, and that we 
can focus more completely on growing our Company and enhancing 
shareholder value," said Douglas Faggioli, President and CEO of 
Nature's Sunshine.  "Through nearly four decades, our Company has 
developed into a leading provider of quality vitamins, herbs and 
supplements, with a distribution force of well over 600,000 
people in more than 30 countries. We are proud of our record, our 
ability to serve our distributors and sales managers, as well as 
their customers, and the esteem with which our Company is 
regarded."
                 About Nature's Sunshine Products
Nature's Sunshine Products -- http://www.natr.com/--  
manufactures and markets through direct sales encapsulated and 
tableted herbal products, high quality natural vitamins, and 
other complementary products. In addition to the United States, 
the Company has operations in Japan, Mexico, Central America, 
South Korea, Canada, Dominican Republic, Venezuela, Ecuador, 
Peru, the United Kingdom, Columbia, Brazil, Thailand, Israel, 
Singapore, Malaysia, Indonesia, the Philippines, Australia, Hong 
Kong, Taiwan, Russia, Ukraine, Latvia, Lithuania, Kazakhstan, 
Mongolia, Belarus, China, Poland, Germany, Austria, Norway, 
Sweden, the Czech Republic and the Netherlands. The Company also 
has exclusive distribution agreements with selected companies in 
Argentina, Australia, Chile, New Zealand, and Norway. 
NCAA: Loses Bid to Dismiss Ed O'Bannon's Class Action Lawsuit
-------------------------------------------------------------
Paula Duffy at The Examiner reports that the NCAA lost its fight 
to dismiss a class action lawsuit headed by former UCLA 
basketball star Ed O'Bannon. It will require the organization to 
open its books and records related to certain of its commercial 
enterprises, according to the Associated Press.
O'Bannon v. National Collegiate Athletic Association, Case No. 
09-cv-03329 (N.D. Calif.) (Wilken, J.), was brought in July 2009 
as a result of the use by the NCAA of its former student 
athletes' names, faces and images for profit and gain in 
merchandising and broadcast deals such as DVD's video games and 
memorabilia . . . forever.
It's the part about forever that is the major issue in O'Bannon's 
complaint.  He is now 37 and a salesman in Nevada but 15 years 
ago he starred on the UCLA basketball team that won the national 
title.
Rather than try to win the right of players currently in school 
to receive compensation, his suit wisely limited its case to 
graduates.  It demands that the NCAA either cease making money by 
using graduates in its licensing deals or pay them.
It will be up to a court or an agreed upon settlement to 
determine if Mr. O'Bannon's claim wins the day, but right now the 
NCAA has to face the daunting task of providing massive amounts 
of what it considers sensitive financial information related to 
its commercial enterprises.
According to reports of the court decision, Mr. O'Bannon saw a 
friend playing a video game that featured the 1995 championship 
team and he was faced with the question about why he wasn't 
getting a cut of the considerable revenue that the NCAA earns 
from that
The NCAA claims it has permission based on the agreement of the 
athletes when they accept scholarship money to attend college.
Guess who's advice was sought by Mr. O'Bannon, Ms. Duffy asks? 
That thorn in the side of the NCAA, one Sonny Vaccaro.   Ms. 
Duffy explains that Mr. Vaccaro was helpful to the family of 
Brandon Jennings when the high school grad skipped college in the 
U.S. and found work in Italy for a year prior to entering the NBA 
draft.  
Mr. Vaccaro, who hates the NBA's age restriction, also detests 
the profit made off the use of student athletes in the NCAA's 
billion dollar commercial ventures.  According to the AP, it was 
Mr. Vaccaro who got Mr. O'Bannon to the law firm that is the lead 
on the case.
Talk about being humbled, well the NCAA just got a dose of that 
and in a big way, Ms. Duffy says.  
PLAYBOY: Minority Shareholders Want Hefner to Take Buy-Out Offers
-----------------------------------------------------------------
Robert Kahn at Courthouse News Service reports that a man who 
owns 177,000 shares of Playboy stock filed a class action 
accusing Hugh Hefner of rejecting two good offers for the company 
because of "Hefner's insistence of maintaining the lifestyle to 
which he has grown accustomed."  Mr. Hefner is majority 
shareholder in Playboy, and rebuffed the offers though they were 
made "at a significant premium as Playboy's stock price continues 
to deteriorate," according to the complaint in Los Angeles 
Superior Court. 
Lead plaintiff David Brown says he owns 47,000 shares of Playboy 
Class A stock and 130,000 share of Class B stock.  Mr. Hefner 
owns nearly 70 percent of the Class A shares, which are the only 
ones with voting rights, and nearly 30 percent of the Class B 
shares, Brown says.  He claims Mr. Hefner breached his "duties of 
care, loyalty and good faith to Playboy's minority shareholders . 
. . by placing his personal interests above and ahead of the 
interests of the other shareholders and to their detriment."
The class claims that "within the last six months Hefner has 
scuttled two attempts by potential suitors, Iconix Brand 
Management and Golden Gate Capital to acquire all or parts of 
Playboy at a significant premium as Playboy's stock price 
continues to deteriorate."
Then follows a sentence that, ironically or not, quotes a common 
statement used in divorce and alimony proceedings: "According to 
published reports, one of the main reasons why these deals failed 
was Hefner's insistence on maintaining the lifestyle to which he 
has grown accustomed."
Playboy shares sold as high as $36 "in its 1999 heyday," but have 
fallen from around $10 in early 2008 to "as low as $1.06," 
according to the complaint.  It adds that Playboy lost $156 
million in 2008, and another $23.5 million in the first 9 months 
of 2009. 
Mr. Brown claims that suitors, so to speak, have offered more 
than $300 million -- "three times the company's market 
capitalization" at its "beaten down" stock price -- but Mr. 
Hefner, 81, rejected them.
Citing a panoply of media reports, the complaint claims, among 
other things, that Mr. Hefner complicated the negotiations by 
insisting that he can live at the Playboy Mansion until he dies, 
and that he continue to play some role in the company.
Mr. Brown demands punitive damages.  
The Plaintiff is represented by:
          
          Jordan Lurie, Esq.
          WEISS & LURIE
          The Fred French Building
          551 Fifth Ave., Suite 1600
          New York, NY 10176
          Telephone: 212-682-3025
THIN CARE: Accused in Los Angeles of False Advertising 
------------------------------------------------------
Courthouse News Service reports that a Superior Court class 
action in Los Angeles claims that fitness instructor Jillian 
Michaels "decided to squander her fame by lending her name to a 
worthless dietary supplement called 'Jillian Michaels Maximum 
Strength Calorie Control.'"  The class claims Ms. Michaels, of 
"The Biggest Loser" TV show fame, "sadly . . . decided to exploit 
her fame and goodwill by collaborating with" co-defendants Thin 
Care International and Basic Research. 
Named plaintiff Christie Christensen accuses the three defendants 
of false advertising, unfair competition and consumer law 
violations.
"Defendant Jillian Michaels developed a reputation as a credible 
fitness instructor by emphasizing that weight loss requires hard 
work and discipline," the complaint states. 
"Regrettably, however, she has decided to squander her fame by 
lending her name to a worthless dietary supplement called 
'Jillian Michaels Maximum Strength Calorie Control.'  Contrary to 
everything that Ms. Michaels has ever instructed, she and the 
companies peddling this product suggest it makes weight loss 
effortless, falsely claiming, 'Take Two Capsules Before Main 
Meals And You Lose Weight.  That's It.'
"Ms. Michaels knows better -- taking two pills before eating does 
not miraculously cause weight loss.  Plaintiff brings this 
lawsuit to enjoin these ongoing deceptions."
Thin Care and Basic Research are both based in Utah.
Ms. Christensen says Ms. Michaels "has been most prominently 
associated with the 'Biggest Loser' reality TV show, which 
features morbidly obese contestants and depicts their efforts, 
under Michaels's supervision, to lost substantial amounts of 
weight."
"Sadly, Michaels has decided to exploit her fame and goodwill by 
collaborating with Thin Care and Basic Research," the complaint 
states.
The class seeks an injunction and more than $5 million in 
damages. 
The Plaintiff is represented by:
          
          Melissa Harnett, Esq.
          WASSERMAN, COMDEN & CASSELMAN LLP
          5567 Reseda Blvd., Suite 330
          P.O. Box 7033
          Tarzana, CA 91357
          Telephone: 818-705-6800
TINY LOVE: Recalls 800,000 Wind Chime Toys
------------------------------------------
The U.S. Consumer Product Safety Commission and Health Canada, in 
cooperation with Tiny Love Inc., of New York, N.Y. and the Maya 
Group Inc., of Huntington Beach, Calif., announced a voluntary 
recall of approximately 600,000 Wind Chime Toys in the United 
States and 200,000 in Canada.  Consumers should stop using 
recalled products immediately unless otherwise instructed.
The wind chime toy can be pulled apart exposing sharp metal rods, 
posing puncture and laceration hazards to the baby.
The firm has received five reports of babies pulling apart the 
wind chimes exposing the sharp metal rods, including a report of 
a minor injury to a 24-month-old baby who punctured his cheek 
with the rods.
This recall involves wind chime toys sold separately, with the 
Gymini Kick & Play Activity Gym and Tiny Smarts Gift Sets. The 
toy produces the sound of a wind chime. "Tiny Love" is printed on 
a tag on the toy.  These product names and item numbers are 
included in this recall:
Name / Item Number 
Baby Wind Chime / # 493 
Baby Wind Chime - Ocean / # 593 
Tiny Smarts - Baby Bunny / # 512 
Wind Chime - Duck (*The Wind Chime - Duck is sold with the Gymini 
Kick and Play Activity Gym. Only the Wind Chime is affected by 
this Recall.) / # 811 
Wind Chime - Louie / # 516 
Wind Chime - Ella / # 517 
Tiny Smarts Gift Set (*Bunny Wind Chime is the only product 
affected by this Recall.) / # 539 
Pictures of the recalled products are available at:
     http://www.cpsc.gov/cpscpub/prerel/prhtml10/10136.html
Wind chimes sold with other Tiny Love Activity Gyms are not 
included in this recall.
The recalled products were manufactured in China and sold at Toys 
R Us, Walmart, Target, Buy Buy Baby and TJ Maxx stores nationwide 
from February 2002 through February 2010 for about $8 separately, 
$22 for the Tiny Smarts Gift Sets and $70 with the Gymini Kick & 
Play Activity Gym.
Consumers should immediately take the recalled wind chimes from 
babies and contact Tiny Love to receive a free replacement toy.  
For additional information, contact Tiny Love toll-free at (888) 
791-8166 between 8:00 a.m. and 5:00 p.m., Eastern Time, Monday 
through Friday, or visit the firm's Web site at 
http://www.tinylove.com/
UNITED HEALTH: Owes Technology Consultants $13 Mil., Suit Says 
--------------------------------------------------------------
Courthouse News Service reports that United Health Care Services 
owes technology consultants $13 million, according to a class 
action in Hennepin County Court, Minneapolis.
A copy of the Complaint in New Millennium Consulting Inc., et al. 
v. United Healthcare Services, Inc., Case No. ________ (Minn. 
Dist. Ct., Hennepin Cty.), is available at:
     http://www.courthousenews.com/2010/02/09/Contracts.pdf 
The Plaintiffs are represented by:
          Wood R. Foster, Jr., Esq.
          Brian E. Weisberg, Esq.
          Steven J. Weintraut, Esq.
          SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P.A.
          1300 Washington Square
          100 Washington Ave. S
          Minneapolis, MN 55401
          Telephone: 612-337-6100
WALMART.COM: Accused of Conspiring with Rival in Calif. Suit
------------------------------------------------------------
Courthouse News Service reports that Walmart.com and Netflix 
conspired to divvy up the market and fix prices for online movie 
DVD rentals and sales, according to an antitrust class action in 
San Francisco Federal Court.
A copy of the Complaint in Nobles v. Walmart.com USA LLC, et al., 
Case No. 10-cv-00529 (N.D. Calif.), is available at:
     http://www.courthousenews.com/2010/02/10/Antitrust.pdf 
The Plaintiff is represented by:
          Reginald Terrell, Esq.
          THE TERRELL LAW GROUP
          P.O. Box 13315
          Oakland, CA 94661
          Telephone: 510-237-9700
               - and -
                    
          Donald Amamgbo, Esq.
          AMAMGBO & ASSOCIATES
          7901 Oakport St., Suite 4900
          Oakland, CA 94621
          Telephone: 510-615-6000
                       Asbestos Litigation
ASBESTOS ALERT: Rentech Has $210T Conditional Asset at Dec. 31
--------------------------------------------------------------
Rentech, Inc. recorded US$210,000 as a conditional asset for 
asbestos removal on property plant and equipment as of both Dec. 
31, 2009 and Sept. 30, 2009.
The Company recorded US$27,000 as a conditional asset for 
asbestos removal on construction in progress as of both Dec. 31, 
2009 and Sept. 30, 2009.
The Company has a legal obligation to handle and dispose of 
asbestos at its plant at East Dubuque, Ill., and at its proposed 
project near Natchez, Miss., in a special manner when undergoing 
major or minor renovations or when buildings at these locations 
are demolished, even though the timing and method of settlement 
are conditional on future events that may or may not be in its 
control. As a result, the Company has a conditional obligation 
for this disposal.
In addition, the Company through its normal repair and 
maintenance program may encounter situations where it is required 
to remove asbestos in order to complete other work. The Company 
applied the expected present value technique to calculate the 
fair value of the asset retirement obligation for each property 
and, accordingly, the asset and related obligation for each 
property has been recorded.
In accordance with the applicable guidance, the liability is 
increased over time and such increase is recorded as accretion 
expense. At Dec. 31, 2009, the liability was US$245,000 and 
accretion expense was US$8,000.
COMPANY PROFILE:
Rentech, Inc.
10877 Wilshire Boulevard
Suite 710
Los Angeles 90024
Tel. No.: (310) 571-9800
Description:
Rentech, Inc. provides clean energy solutions. The Company was 
incorporated in 1981.
ASBESTOS UPDATE: RBS Global's Stearns Division Faces 3.5T Claims
----------------------------------------------------------------
Multiple lawsuits (with about 3,500 claimants) are pending in 
state or federal court in numerous jurisdictions relating to 
alleged personal injuries due to the alleged presence of asbestos 
in certain brakes and clutches previously manufactured by RBS 
Global, Inc.'s Stearns division and/or its predecessor owners.
Invensys plc and FMC, prior owners of the Stearns business, have 
paid 100 percent of the costs to date related to the Stearns 
lawsuits, according to the Company's quarterly report filed on 
Feb. 4, 2010 with the U.S. Securities and Exchange Commission.
Headquartered in Milwaukee, Wis., RBS Global, Inc. is a 
diversified, multi-platform industrial company comprised of two 
key segments, Power Transmission and Water Management.
ASBESTOS UPDATE: RBS Global's Prager Unit Faces 2 Injury Actions
----------------------------------------------------------------
RBS Global, Inc.'s Prager subsidiary is a defendant in two 
pending multi-defendant lawsuits relating to alleged personal 
injuries due to the alleged presence of asbestos in a product 
allegedly manufactured by Prager.
Additionally, there are about 3,700 individuals who have filed 
asbestos related claims against Prager. However, these claims are 
currently on the Texas Multi-district Litigation inactive docket.
To date, the Company's insurance providers have paid 100 percent 
of the costs related to the Prager asbestos matters, according to 
the Company's quarterly report filed on Feb. 4, 2010 with the 
U.S. Securities and Exchange Commission.
Headquartered in Milwaukee, Wis., RBS Global, Inc. is a 
diversified, multi-platform industrial company comprised of two 
key segments, Power Transmission and Water Management.
ASBESTOS UPDATE: RBS Global's Falk Unit Facing 190 Injury Suits
---------------------------------------------------------------
RBS Global, Inc.'s subsidiary, Falk (through its successor 
entity) is a defendant in about 190 lawsuits pending in state or 
federal courts in numerous jurisdictions relating to alleged 
personal injuries due to the alleged presence of asbestos in 
certain clutches and drives previously manufactured by Falk. 
There are about 700 claimants in these suits, according to the 
Company's quarterly report filed on Feb. 4, 2010 with the U.S. 
Securities and Exchange Commission.
Hamilton Sundstrand is defending the Company in these lawsuits 
under its indemnity obligations and has paid 100 percent of the 
costs to date.
Headquartered in Milwaukee, Wis., RBS Global, Inc. is a 
diversified, multi-platform industrial company comprised of two 
key segments, Power Transmission and Water Management.
ASBESTOS UPDATE: Zurn Facing 6,100 Exposure Lawsuits at Dec. 26
---------------------------------------------------------------
RBS Global, Inc.'s Zurn division and an average of about 100 
other unrelated companies, as of Dec. 26, 2009, were defendants 
in about 6,100 asbestos related lawsuits representing about 
28,400 claims.
The suits allege damages in an aggregate amount of US$14.7 
billion against all defendants, according to the Company's 
quarterly report filed on Feb. 4, 2010 with the U.S. Securities 
and Exchange Commission.
Plaintiffs' claims allege personal injuries caused by exposure to 
asbestos used primarily in industrial boilers formerly 
manufactured by a segment of Zurn. Zurn did not manufacture 
asbestos or asbestos components. Instead, Zurn purchased them 
from suppliers. These claims are being handled under a defense 
strategy funded by insurers.
As of Dec. 26, 2009, the Company estimates the potential 
liability for asbestos-related claims pending against Zurn as 
well as the claims expected to be filed in the next 10 years to 
be about US$90 million of which Zurn expects to pay US$79 million 
in the next 10 years on such claims, with the balance of the 
estimated liability being paid in subsequent years.
Management estimates that its available insurance to cover its 
potential asbestos liability as of Dec. 26, 2009, is about US$270 
million, and believes that all current claims are covered by this 
insurance.
However, principally as a result of the past insolvency of 
certain of the Company's insurance carriers, certain coverage 
gaps will exist if and after the Company's other carriers have 
paid the first US$194 million of aggregate liabilities.
In order for the next US$51 million of insurance coverage from 
solvent carriers to apply, management estimates that it would 
need to satisfy US$14 million of asbestos claims. Layered within 
the final US$25 million of the total US$270 million of coverage, 
management estimates that it would need to satisfy an additional 
US$80 million of asbestos claims.
As of Dec. 26, 2009, the Company recorded a receivable from its 
insurance carriers of US$90 million, which corresponds to the 
amount of its potential asbestos liability that is covered by 
available insurance and is currently determined to be probable of 
recovery.
However, there is no assurance that US$270 million of insurance 
coverage will ultimately be available or that Zurn's asbestos 
liabilities will not ultimately exceed US$270 million.
Headquartered in Milwaukee, Wis., RBS Global, Inc. is a 
diversified, multi-platform industrial company comprised of two 
key segments, Power Transmission and Water Management.
ASBESTOS UPDATE: GenCorp Facing 134 Pending Lawsuits at Nov. 30
---------------------------------------------------------------
GenCorp Inc., as of Nov. 30, 2009, faced 134 asbestos cases 
pending (157 cases as of 2008), according to the Company's annual 
report filed on Feb. 4, 2010 with the U.S. Securities and 
Exchange Commission.
The Company has been, and continues to be, named as a defendant 
in lawsuits alleging personal injury or death due to exposure to 
asbestos in building materials, products, or in manufacturing 
operations. Most of the cases have been filed in Madison County, 
Ill., and San Francisco.
During the year ended 2009, the Company recorded 27 claims filed, 
23 claims consolidated, 25 claims dismissed, and two claims 
settled. The aggregate settlement costs were US$35,000 and the 
average settlement costs were US$17,000.
During the year ended 2008, the Company recorded 33 claims filed, 
31 claims dismissed, and five claims settled. The aggregate 
settlement costs were US$246,000 and the average settlement costs 
were US$49,000.
Legal and administrative fees for the asbestos cases were 
US$400,000 for fiscal year 2009 and US$500,000 for fiscal year 
2008.
Headquartered in Rancho Cordova, Calif., GenCorp Inc. is a 
manufacturer of aerospace and defense systems with a real estate 
segment that includes activities related to the entitlement, 
sale, and leasing of its excess real estate assets. The Company's 
continuing operations are organized into two segments: Aerospace 
and Defense and Real Estate.
ASBESTOS UPDATE: 571 Claims Pending v. Todd Shipyards at Dec. 27
----------------------------------------------------------------
Todd Shipyards is currently defending against 571 asbestos 
claims, of which 10 are "malignant" claims and 561 are "non-
malignant" claims, according to the Company's quarterly report 
filed on Feb. 4, 2010 with the U.S. Securities and Exchange 
Commission.
The Company is named as a defendant in civil actions by parties 
alleging damages from past exposure to toxic substances, 
generally asbestos, at closed former facilities.
The cases generally include as defendants, in addition to the 
Company, other ship builders and repairers, ship owners, asbestos 
manufacturers, distributors and installers, and equipment 
manufacturers and arise from injuries or illnesses allegedly 
caused by exposure to asbestos or other toxic substances.
As of Dec. 27, 2009, the Company has recorded a bodily injury 
liability reserve of US$4.9 million and a bodily injury insurance 
receivable of US$3.7 million. This compares to a previously 
recorded bodily injury reserve and insurance receivable of US$5 
million and US$3.8 million, respectively, at March 29, 2009.
Headquartered in Seattle, Todd Shipyards Corporation, through 
subsidiary Todd Pacific Shipyards, repairs, maintains, overhauls, 
and builds government-owned and commercial vessels. Services 
range from minor repairs to major overhauls in dry dock at the 
Company's Seattle-area shipyard.
ASBESTOS UPDATE: Union Pacific's Liability at $174Mil in Dec. 31
----------------------------------------------------------------
Union Pacific Corporation's total asbestos liability amounted to 
US$174 million at Dec. 31, 2009, compared with US$213 million at 
Dec. 31, 2008, according to the Company's annual report filed on 
Feb. 5, 2010 with the U.S. Securities and Exchange Commission.
The Company's asbestos liability was US$205 million during the 
nine months ended Sept. 30, 2009, compared with US$256 million 
during the nine months ended Sept. 30, 2008. (Class Action 
Reporter, Oct. 30, 2009)
The current portion of the Company's asbestos liability was US$13 
million at Dec. 31, 2009, compared with US$12 million at Dec. 31, 
2008.
During the year ended Dec. 31, 2009, the Company recorded 
asbestos credits of US$25 million and asbestos payments of US$14 
million. During the year ended Dec. 31, 2008, the Company 
recorded asbestos credits of US$42 million and asbestos payments 
of US$10 million.
About 21 percent of the recorded liability related to asserted 
claims and about 79 percent related to unasserted claims at Dec. 
31, 2009.
It is reasonably possible that future costs to settle these 
claims may range from about US$174 million to US$189 million. In 
conjunction with the liability update performed in 2009, the 
Company also reassessed estimated insurance recoveries. It has 
recognized an asset for estimated insurance recoveries at Dec. 
31, 2009 and Dec. 31, 2008.
During the year ended Dec. 31, 2009, the Company recorded 249 new 
claims, 446 settled or dismissed claims, and 1,670 open claims.
During the year ended Dec. 31, 2008, the Company recorded 256 new 
claims, 475 settled or dismissed claims, and 1,867 open claims.
Headquartered in Omaha, Nebr., Union Pacific Corporation's 
subsidiary, Union Pacific Railroad Company, connects 23 states in 
the western two-thirds of the United States. Union Pacific 
Railroad Company's business mix includes Agricultural Products, 
Automotive, Chemicals, Energy, Industrial Products and 
Intermodal.
ASBESTOS UPDATE: ArvinMeritor Liability Still at $61M at Dec. 31
----------------------------------------------------------------
ArvinMeritor, Inc.'s long-term asbestos liabilities amounted to 
US$61 million as of both Dec. 31, 2009 and Sept. 30, 2009, 
according to the Company's quarterly report filed on Feb. 5, 2010 
with the U.S. Securities and Exchange Commission.
The Company's current asbestos-related liabilities amounted to 
US$16 million as of both Dec. 31, 2009 and Sept. 30, 2009.
Long-term asbestos-related recoveries were US$47 million as of 
both Dec. 31, 2009 and Sept. 30, 2009. Current asbestos-related 
recoveries amounted to US$8 million as of both Dec. 31, 2009 and 
Sept. 30, 2009.
Headquartered in Troy, Mich., ArvinMeritor, Inc. supplies 
integrated systems, modules and components to original equipment 
manufacturers (OEMs) and the aftermarket for the commercial 
vehicle, transportation and industrial sectors. The Company 
serves commercial truck, trailer, off-highway, military, bus and 
coach and other industrial OEMs and certain aftermarkets, and 
light vehicle OEMs.
ASBESTOS UPDATE: Maremont Still Facing 26,000 Claims at Dec. 31
---------------------------------------------------------------
ArvinMeritor, Inc.'s subsidiary, Maremont Corporation, faced 
about 26,000 pending asbestos-related claims as of both Dec. 31, 
2009 and Sept. 30, 2009, according to the Company's quarterly 
report filed on Feb. 5, 2010 with the U.S. Securities and 
Exchange Commission.
Maremont manufactured friction products containing asbestos from 
1953 through 1977, when it sold its friction product business. 
Arvin Industries, Inc., a predecessor of the Company, acquired 
Maremont in 1986.
Maremont and many other companies are defendants in suits brought 
by individuals claiming personal injuries as a result of exposure 
to asbestos-containing products. Although Maremont has been named 
in these cases, in the cases where actual injury has been 
alleged, very few claimants have established that a Maremont 
product caused their injuries.
Maremont's asbestos-related reserves for pending and future 
claims amounted to US$61 million as of both Dec. 31, 2009 and 
Sept. 30, 2009. Maremont's asbestos-related insurance recoveries 
amounted to US$43 million as of both Dec. 31, 2009 and Sept. 30, 
2009.
Headquartered in Troy, Mich., ArvinMeritor, Inc. supplies 
integrated systems, modules and components to original equipment 
manufacturers (OEMs) and the aftermarket for the commercial 
vehicle, transportation and industrial sectors. The Company 
serves commercial truck, trailer, off-highway, military, bus and 
coach and other industrial OEMs and certain aftermarkets, and 
light vehicle OEMs.
ASBESTOS UPDATE: ArvinMeritor Still Has $16M Rockwell Liability
---------------------------------------------------------------
ArvinMeritor, Inc. recorded a US$16 million liability for defense 
and indemnity costs associated with Rockwell Automation, Inc. 
asbestos claims at both Dec. 31, 2009 and Sept. 30, 2009, 
according to the Company's quarterly report filed on Feb. 5, 2010 
with the U.S. Securities and Exchange Commission.
The Company, along with many other companies, has been named as a 
defendant in lawsuits alleging personal injury as a result of 
exposure to asbestos used in certain components of Rockwell 
products many years ago. Liability for these claims was 
transferred to the Company at the time of the spin-off of the 
automotive business to Meritor from Rockwell in 1997.
Currently there are thousands of claimants in lawsuits that name 
the Company, together with many other companies, as defendants. 
The Company has recorded an insurance receivable related to 
Rockwell legacy asbestos-related liabilities of US$12 million at 
both Dec. 31 2009 and Sept. 30, 2009.
Headquartered in Troy, Mich., ArvinMeritor, Inc. supplies 
integrated systems, modules and components to original equipment 
manufacturers (OEMs) and the aftermarket for the commercial 
vehicle, transportation and industrial sectors. The Company 
serves commercial truck, trailer, off-highway, military, bus and 
coach and other industrial OEMs and certain aftermarkets, and 
light vehicle OEMs.
ASBESTOS UPDATE: Magnetek Continues to Face Liability Lawsuits
--------------------------------------------------------------
Magnetek, Inc. continues to be named, along with multiple other 
defendants, in asbestos-related lawsuits associated with business 
operations previously acquired by the Company, but which are no 
longer owned, according to the Company's quarterly report filed 
on Feb. 5, 2010 with the U.S. Securities and Exchange Commission.
During the Company's ownership, none of the businesses produced 
or sold asbestos-containing products. With respect to these 
claims, the Company is either contractually indemnified against 
liability for asbestos-related claims or believes that it has no 
liability for such claims.
The Company seeks dismissal from these proceedings, and has also 
tendered the defense of these cases to the insurers for the 
companies from which the Company acquired the businesses. 
Headquartered in Menomonee Falls, Wis., Magnetek, Inc. provides 
digital power control systems that are used to control motion and 
power primarily in material handling, elevator and energy 
delivery applications. Its products consist of programmable 
motion control and power conditioning systems used on the 
following applications: overhead cranes and hoists; elevators; 
coal mining equipment; and renewable energy.
ASBESTOS UPDATE: Generation Still Has $49Mil Reserves at Dec. 31
----------------------------------------------------------------
Exelon Corporation's subsidiary, Exelon Generation Company, LLC, 
at both Dec. 31, 2009 and Sept. 30, 2009, reserved about US$49 
million in total for asbestos-related bodily injury claims, 
according to the Company's annual report filed on Feb. 5, 2010 
with the U.S. Securities and Exchange Commission.
At Dec. 31, 2008, Generation had reserved about US$52 million in 
total for asbestos-related bodily injury claims.
As of Dec. 31, 2009, about US$13 million of this amount related 
to 147 open claims presented to Generation, while the remaining 
US$36 million of the reserve is for estimated future asbestos-
related bodily injury claims anticipated to arise through 2050 
based on actuarial assumptions and analysis, which are updated on 
an annual basis.
Headquartered in Chicago, Exelon Corporation is a utility 
services holding company that operates through its principal 
subsidiaries: Exelon Generation Company, LLC, Commonwealth Edison 
Company, and PECO Energy Company.
ASBESTOS UPDATE: Adaway Case v. Chevron Filed on Feb. 1 in Texas
----------------------------------------------------------------
An asbestos lawsuit was filed, on behalf of Eugene Adaway, on 
Feb. 1, 2010 against Chevron Corporation in Jefferson County 
District Court, Tex., The Southeast Texas Record reports.
Mr. Adaway's widow, Shirley Adaway, and their children, Shirley 
Corbello and Gene Adaway, claim Mr. Adaway worked for Gulf Oil 
Corp. as a pipefitter helper, insulator trainee and instrument 
mechanic at its Port Arthur, Tex., facility where he was 
allegedly exposed to asbestos dust and fibers.
As a result of his inhalation of the fibers, Mr. Adaway died "a 
painful and terrible death" from lung cancer on Oct. 1, 2009, 
according to according to the complaint.
The Adaway family seeks exemplary and punitive damages, plus 
interest, costs and other relief the court deems just.
J. Keith Hyde, Esq., of Provost and Umphrey Law Firm in Beaumont, 
Tex., will represent the Adaway family.
Case No. A185-843 has been assigned to Judge Bob Wortham, 58th 
District Court.
ASBESTOS UPDATE: Burgess' Widow Launches Claim for Compensation
---------------------------------------------------------------
Roger Burgess' widow, Jackie Burgess, launched a search for her 
late husband's former work colleagues as a first step in her 
fight for asbestos compensation, the Express & Star reports.
The 54-year-old Mrs. Burgess believes these colleagues may be 
able to shed more light on how Mr. Burgess came into contact with 
asbestos.
An inquest last August 2009 recorded a verdict of industrial 
disease.
Mr. Burgess is believed to have been exposed to asbestos at the 
former Round Oak Steelworks in Brierley Hill, England, from 1968 
to 1981. Hundreds of workers lost their jobs after the site was 
shut down and has now been transformed into the Merry Hill 
shopping center.
Mr Burgess was diagnosed with mesothelioma in September 2008. He 
died at the age of 58 on Jan. 22, 2009.
Iain Shoolbred, from the Birmingham office of law firm Irwin 
Mitchell, represents the family in their claim.
ASBESTOS UPDATE: Fontenot Claim v. Chevron Filed Feb. 1 in Texas
----------------------------------------------------------------
An asbestos lawsuit, on behalf of Shelton J. Fontenot, was filed 
on Feb. 1, 2010 in Jefferson County District Court, Tex., against 
Chevron Corporation, The Southeast Texas Record reports.
The suit was filed by Mr. Fontenot's wife, Julia Fontenot, and 
their children: Adam Fontenot, Elbert Fontenot, Shelton Fontenot 
Jr., Kenneth Fontenot, Deborah Reed and Regineld Fontenot.
The Fontenots claim Mr. Fontenot worked for Gulf Oil Corporation 
as a pipefitter helper, insulator trainee and instrument mechanic 
at its Port Arthur, Tex., facility where he was exposed to 
asbestos dust and fibers.
As a result of his inhalation of the fibers, Mr. Fontenot died "a 
painful and terrible death" from pulmonary asbestosis and lung 
cancer on June 29, 2009, according to the complaint.
The Fontenots seek exemplary and punitive damages, plus interest, 
costs and other relief the court deems just. J. Keith Hyde, Esq., 
of Provost and Umphrey Law Firm in Beaumont, Tex., will be 
representing them.
Case No. E185-842 has been assigned to Judge Donald Floyd, 172nd 
District Court.
ASBESTOS UPDATE: 92T Open Claims Pending v. Ashland at Dec. 31
--------------------------------------------------------------
About 92,000 open asbestos claims were pending against Ashland 
Inc. during the three months ended Dec. 31, 2009, compared with 
109,000 open claims during the three months ended Dec. 31, 2008, 
according to the Company's quarterly report filed on Feb. 5, 2010 
with the U.S. Securities and Exchange Commission.
The claims, which allege personal injury caused by exposure to 
asbestos asserted against the Company, result primarily from 
indemnification obligations undertaken in 1990 in connection with 
the sale of Riley, a former subsidiary.
During the three months ended Dec. 31, 2009, the Company recorded 
1,000 new claims filed, 1,000 claims settled, and 8,000 claims 
dismissed. During the three months ended Dec. 31, 2008, the 
Company recorded 1,000 new claims filed, 1,000 claims settled, 
and 6,000 claims dismissed.
During the year ended Sept. 30, 2009, the Company recorded 2,000 
new claims filed, 1,000 claims settled, 16,000 claims dismissed, 
and 100,000 open claims.
The Company's asbestos reserve amounted to US$531 million during 
the three months ended Dec. 31, 2009, compared with US$560 
million during the three months ended Dec. 31, 2008. The 
Company's asbestos reserve during the year ended Sept. 30, 2009 
amounted to US$543 million.
At Dec. 31, 2009, the Company's receivable for recoveries of 
litigation defense and claim settlement costs from insurers 
amounted to US$418 million (excluding the Hercules receivable for 
asbestos claims), of which US$58 million relates to costs 
previously paid.
Receivables from insurers amounted to US$422 million at Sept. 30, 
2009 and US$442 million at Dec. 31, 2008.
Headquartered in Covington, Ky., Ashland Inc. provides specialty 
chemical products, services and solutions for many of the world's 
most essential industries. It operates through five commercial 
units: Ashland Aqualon Functional Ingredients, Ashland Hercules 
Water Technologies, Ashland Performance Materials, Ashland 
Consumer Markets (Valvoline) and Ashland Distribution.
ASBESTOS UPDATE: 21T Claims Pending Against Hercules at Dec. 31
---------------------------------------------------------------
Ashland Inc.'s Hercules subsidiary faced 21,000 open asbestos-
related claims during the three months ended Dec. 31, 2009 and 
year ended Sept. 30, 2009, according to the Company's quarterly 
report filed on Feb. 5, 2010 with the U.S. Securities and 
Exchange Commission.
Hercules has liabilities from claims alleging personal injury 
caused by exposure to asbestos. Those claims typically arise from 
alleged exposure to asbestos fibers from resin encapsulated pipe 
and tank products which were sold by one of Hercules' former 
subsidiaries to a limited industrial market.
During the year ended Sept. 30, 2009, Hercules noted 1,000 new 
claims and 7,000 claims dismissed.
Hercules' asbestos reserve amounted to US$447 million during the 
three months ended Dec. 31, 2009, compared with US$335 million 
during the three months ended Dec. 31, 2008. Hercules' asbestos 
reserve amounted to US$484 million during the year ended Sept. 
30, 2009.
In November 2008, the Company completed its acquisition of 
Hercules Incorporated. At that time, Hercules' recorded reserve 
for asbestos claims was US$233 million for indemnity costs.  
Headquartered in Covington, Ky., Ashland Inc. provides specialty 
chemical products, services and solutions for many of the world's 
most essential industries. It operates through five commercial 
units: Ashland Aqualon Functional Ingredients, Ashland Hercules 
Water Technologies, Ashland Performance Materials, Ashland 
Consumer Markets (Valvoline) and Ashland Distribution.
ASBESTOS UPDATE: Precision Castparts Still Named in Injury Cases
----------------------------------------------------------------
Precision Castparts Corp. continues to be a defendant in lawsuits 
alleging personal injury as a result of exposure to chemicals and 
substances in the workplace, including asbestos. 
To date, the Company has been dismissed from a number of these 
suits and has settled a number of others, according to the 
Company's quarterly report filed on Feb. 5, 2010 with the U.S. 
Securities and Exchange Commission.
Headquartered in Portland, Ore., Precision Castparts Corp. 
manufactures complex metal components and products, provides 
high-quality investment castings, forgings and fasteners/fastener 
systems for critical aerospace and industrial gas turbine (IGT) 
applications.
ASBESTOS UPDATE: Hartford Cites $1.892B Net Liability at Dec. 31
----------------------------------------------------------------
The Hartford Financial Group, Inc.'s net asbestos-related 
liability amounted to US$1.892 billion for three months and year 
ended Dec. 31, 2009, according to a Company report, on Form 8-K, 
filed on Feb. 8, 2010 with the U.S. Securities and Exchange 
Commission.
The Company's net asbestos liability was US$1.940 billion for the 
three and nine months ended Sept. 30, 2009. (Class Action 
Reporter, Nov. 20, 2009)
Paid losses and loss adjustment expenses were US$48 million for 
the three months ended Dec. 31, 2009. Paid losses and LAE were 
US$181 million and incurred losses and LAE were US$189 million 
for the year ended Dec. 31, 2009.
Headquartered in Hartford, Conn., The Hartford Financial Services 
Group, Inc. offers personal and commercial insurance products, 
including homeowners, auto, and workers' compensation. Through 
its Hartford Life subsidiary, the Company offers individual and 
group life insurance, annuities, asset management, retirement 
plans, and mutual funds (managed both in-house and by other 
groups including Wellington Management).
ASBESTOS UPDATE: CNA Financial Records $79M Reserve Development
---------------------------------------------------------------
CNA Financial Corporation recorded unfavorable net claim and 
claim adjustment expense reserve development of US$79 million 
related to asbestos exposures in the fourth quarter of 2009, 
according to a Company press release dated Feb. 8, 2010.
The Company recorded unfavorable net claim and claim adjustment 
expense reserve development of US$89 million related to asbestos 
exposures in the fourth quarter of 2008.
Headquartered in Chicago, CNA Financial Corporation is a 
commercial insurance writer and property and casualty company. 
The Company's insurance products include standard commercial 
lines, specialty lines, surety, marine and other property and 
casualty coverages. Its services include risk management, 
information services, underwriting, risk control and claims 
administration.
ASBESTOS UPDATE: Rockwell Automation Party to Exposure Lawsuits
---------------------------------------------------------------
Rockwell Automation, Inc. and its subsidiaries continue to be 
defendants in lawsuits alleging personal injury as a result of 
exposure to asbestos that was used in certain components of its 
products many years ago.
Currently there are thousands of claimants in lawsuits that name 
the Company as a defendant, together with hundreds of other 
companies, according to the Company's quarterly report filed on 
Feb. 8, 2010 with the U.S. Securities and Exchange Commission. 
In some cases, the claims involve products from divested 
businesses, and the Company is indemnified for most of the costs. 
However, the Company has agreed to defend and indemnify asbestos 
claims associated with products manufactured or sold by its 
former Dodge mechanical and Reliance Electric motors and motor 
repair services businesses prior to their divestiture by the 
Company, which occurred on Jan. 31, 2007.
The Company is also responsible for half of the costs and 
liabilities associated with asbestos cases against the former 
Rockwell International Corporation's (RIC) divested measurement 
and flow control business. Historically, the Company has been 
dismissed from the vast majority of these claims with no payment 
to claimants.
The Company has maintained insurance coverage that it said it 
believes covers indemnity and defense costs, over and above self-
insured retentions, for claims arising from its former Allen-
Bradley subsidiary.
Following litigation against Nationwide Indemnity Company and 
Kemper Insurance, the insurance carriers that provided liability 
insurance coverage to Allen-Bradley, the Company entered into 
separate agreements on April 1, 2008 with both insurance carriers 
to further resolve responsibility for ongoing and future coverage 
of Allen-Bradley asbestos claims.
In exchange for a lump sum payment, Kemper bought out its 
remaining liability and has been released from further insurance 
obligations to Allen-Bradley.
Nationwide administers the Kemper buy-out funds and has entered 
into a cost share agreement to pay the substantial majority of 
future defense and indemnity costs for Allen-Bradley asbestos 
claims once the Kemper buy-out funds are depleted.
The Company said it believes that these arrangements will 
continue to provide coverage for Allen-Bradley asbestos claims 
throughout the remaining life of the asbestos liability.
Headquartered in Milwaukee, Rockwell Automation, Inc. is an 
industrial automation company. Its Control Products & Solutions 
unit makes industrial automation products like motor starters and 
contactors, relays, timers, signaling devices, and variable-speed 
drives.
ASBESTOS UPDATE: Exposure Cases Ongoing v. BJ Services in Miss.
---------------------------------------------------------------
Certain predecessors of BJ Services Company, along with numerous 
other defendants, are still named in lawsuits filed in the 
Circuit Courts of Jones and Smith Counties, Miss.
In August 2004, these four lawsuits were filed and included 118 
individual plaintiffs alleging that they suffer various illnesses 
from exposure to asbestos and seeking damages. The lawsuits 
assert claims of unseaworthiness, negligence, and strict 
liability, all based upon the status of the Company's 
predecessors as Jones Act employers.
The plaintiffs were required to complete data sheets specifying 
the companies they were employed by and the asbestos-containing 
products to which they were allegedly exposed. Through this 
process, about 25 plaintiffs have identified the Company or its 
predecessors as their employer. Amended lawsuits were filed by 
four individuals against the Company and the remainder of the 
original claims (114) was dismissed.
Of these four lawsuits, three failed to name the Company as an 
employer or manufacturer of asbestos-containing products so it 
was thereby dismissed. Subsequently an individual from one of 
these lawsuits brought his own action against the Company. As a 
result, the Company is currently named as a Jones Act employer in 
two of the Mississippi lawsuits.
It is possible that as many as 21 other claimants who identified 
the Company or its predecessors as their employer could file suit 
against it, but they have not done so at this time. Minimal 
medical information regarding the alleged asbestos-related 
disease suffered by the plaintiffs in the two lawsuits has been 
provided.
The Company and its predecessors in the past maintained insurance 
which may be available to respond to these claims.
In addition to the Jones Act cases, the Company has been named in 
a small number of additional asbestos cases. The allegations in 
these cases vary, but generally include claims that the Company 
provided some unspecified product or service which contained or 
utilized asbestos or that an employee was exposed to asbestos at 
one of the Company's facilities or customer job sites. Some of 
the allegations involve claims that the Company is the successor 
to the Byron Jackson Company.
To date, the Company has been successful in obtaining dismissals 
of such successor cases without any payment in settlements or 
judgments, although some remain pending at the present time.
Headquartered in Houston, BJ Services Company provides pressure 
pumping services and other oilfield services to the oil and 
natural gas industry worldwide. Services are provided through 
four business segments: U.S./Mexico Pressure Pumping, Canada 
Pressure Pumping, International Pressure Pumping and the Oilfield 
Services Group.
ASBESTOS UPDATE: Inquest Rules on Southampton Pipefitter's Death
----------------------------------------------------------------
An inquest at Southampton Coroner's Court heard that the death of 
Anthony Fry, a former pipefitter's mate from Bassett Green 
Village, Southampton, England, was linked to workplace exposure 
to asbestos, the Hampshire Chronicle reports.
Mr. Fry had regularly come into contact with asbestos while he 
was working at the British Rail depot at Eastleigh. The court 
heard that Mr. Fry died at the age of 73 of mesothelioma on Oct. 
26, 2009.
Coroner Keith Wiseman recorded a verdict of death by industrial 
disease.
ASBESTOS UPDATE: Ingram Family Seeks Info in Compensation Claim
---------------------------------------------------------------
The family of Stanley Ingram, an ex-Gloucester Rugby player who 
died of mesothelioma in June 2009 at the age of 73, appeals for 
information about his possible asbestos exposure, this is 
Gloucestershire.co.uk reports.
The Ingram family hopes that Mr. Ingram's former workmates will 
step forward in a bid to help their compensation battle. A post-
mortem examination revealed the 73-year-old, from Granley Fields, 
died from mesothelioma, a fatal and aggressive cancer of the 
chest lining caused by exposure to asbestos.
Mr Ingram, of Granley Fields, England, and who worked on the 
refurbishment of various buildings in Cheltenham and Gloucester, 
is believed to have been exposed to asbestos during some of his 
work. His job included work as a French polisher with WG Nicholls 
Ltd during the late 1950s and early 1960s, and building work for 
Barnwood Builders, now Barnwood Construction Ltd, from 1964 to 
1980.
In his youth, Mr. Ingram played for Gloucester Rugby Club. He was 
also part of the England under-16 and under-19 squads.
Kim Barrett, a workplace illness expert, said, "Stan's family are 
still trying to come to terms with his death, particularly the 
shock of finding the illness which cut short his life was due to 
asbestos exposure."
A spokesman for Barnwood Construction said, "We believe Mr. 
Ingram was not employed by Barnwood Builders. He was engaged as a 
self-employed French polisher. To our knowledge he did not work 
in an environment where he would have been exposed to asbestos."
ASBESTOS UPDATE: Cleanup at Lamar County Courthouse to Cost $40T
----------------------------------------------------------------
The asbestos remediation project at the historic Lamar County 
Courthouse near Hattiesburg, Miss., is budgeted at about 
US$40,000, Hattiesburg American reports.
Once a bid is accepted, the asbestos removal will take from one 
to three months to complete.
The courthouse, built in 1905, is slated for a makeover, but not 
until contractors and architects, led by Robert Parker Adams 
determine how much asbestos are present, and how much licensed 
asbestos remediation contractors will charge the county to remove 
it.
In February 2009, according to Lamar County Administrator Chuck 
Bennett, county work crews will finish removing the equipment 
associated with the courthouse's previous life as a municipal law 
center. This includes the tape recorders, telephones, fax 
machines, law books, tables and chairs.
A study of the courthouse has already determined where the 
asbestos is located, so bidders will be asked to read the report, 
evaluate the scope of the work required, and present their 
estimates.
As Mr. Bennett notes, the asbestos identified so far is not a 
large amount, but its removal could be a "delicate" process. The 
cost of asbestos removal, however, is well within the US$275,000 
the county has budgeted for courthouse work for fiscal year 2009-
2010.
The asbestos removal is not the most expensive step in the 
renovation, but it is certainly the most important step, at least 
in terms of county worker health. 
ASBESTOS UPDATE: Whatcom County Mulls $160,000 Swift Creek Study
----------------------------------------------------------------
The council of Whatcom County, Wash., is considering paying 
US$160,000 to Bellingham, Wash.-based Pacific Surveying & 
Engineering, Inc. to study the asbestos-laden Swift Creek and 
suggest options on how to prevent more of the runoff from 
entering the creek, which drains into the Sumas River, The 
Bellingham Herald reports.
For several years, officials have been trying to figure out ways 
to pay for more than US$100 million in work to Swift Creek to 
ensure that the naturally occurring asbestos there is better 
contained.
The material is known to cause cancer, and levels of asbestos in 
the air around the area are above what the state and federal 
government consider safe, according to a 2008 state Department of 
Health report. However, the report also shows that people who 
live around the creek near Sumas Mountain appear to have the same 
rates of cancer and other health issues as the rest of 
Washington.
During the 2009 legislative session, county officials worked with 
the state Department of Ecology to secure US$1 million for basic 
work in the area.
ASBESTOS UPDATE: Cleanup at Union Springs School Slated for 2010
----------------------------------------------------------------
The Union Springs Middle/High School in Union Springs, N.Y., will 
undergo asbestos abatement over the course of 2010, 
Mesothelioma.com reports.
The project will include the removal of about 10,000 square feet 
of plaster ceilings that contain encapsulated asbestos. These 
types of ceilings are present in both the middle and high school 
hallways. The work will take place over the summer when students 
are not in the building.
The Union Springs Central School District's proposed capital 
improvement project passed. The project will be paid for by state 
aid, as well as money from the district, meaning that locals will 
see no tax increase.
ASBESTOS UPDATE: Mann Payout Case Ongoing v. Crown Cork, Norfolk
----------------------------------------------------------------
An asbestos claim filed by Georgia native, Theresa Mann Adams, on 
behalf of her father Samuel Mann, is ongoing against Crown Cork 
and Seal and Norfolk Southern Railroad, Asbestos.Net reports.
Mr. Mann was a U.S. Army veteran who died of mesothelioma. He 
worked as a mechanic while serving in the Army from 1959 to 1961. 
After his military service had ended, he went to work as a 
mechanic at Crown Cork and Seal from 1965 until the early 1970s. 
For the next several years, Mr. Mann did construction work, and 
then from 1976 to 1983 was employed as a welder, mechanic and 
shop foreman for Norfolk Southern Railroad.
Mrs. Adams is suing these companies to hold them accountable for 
Mr. Mann's asbestos exposure which led to his mesothelioma.
ASBESTOS UPDATE: North Somerset to Spend GBP500,000 for Cleanup
----------------------------------------------------------------
The district council of North Somerset, England, is set to spend 
GBP500,000 to remove asbestos from its properties, The Weston & 
Somerset Mercury reports.
The council is likely to sign a contract with Caswell 
Environmental Services to safely remove the building material. 
The contract is likely to be for three years.
The contract follows a year-long report by a consultancy firm 
which revealed the extent of the asbestos in council property.
ASBESTOS UPDATE: Ky. Appeal Court Upholds Ruling in Crane Action
----------------------------------------------------------------
The Court of Appeals of Kentucky affirmed the ruling of the 
McCracken Circuit Court, which denied Patsy J. Crane's motion for 
leave to file a second amended asbestos complaint and the 
granting of Illinois Central Railroad Co.'s motion to dismiss for 
failure to prosecute.
The case is styled Patsy J. Crane, Administratrix of the Estate 
of Bobby Crane, Deceased, Appellant v. Illinois Central Railroad 
Co., Appellee.
Judges Sara Combs, Kelly hompson, and Senior Judge David C. 
Buckingham entered judgment in Case No. 2008-CA-000890-MR on Jan. 
29, 2010.
Mrs. Crane, Administratrix of the Estate of Bobby Crane, appealed 
from the trial court's orders denying her motion to amend the 
complaint and dismissing with prejudice the original complaint 
against ICRR, alleging exposure to asbestos and asbestos 
containing products during the course of Mr. Crane's employment 
with ICRR.
John O. Hollon, Esq., Alva A. Hollon, Jr., Esq., in Jacksonville, 
Fla., James W. Owens, Esq., in Paducah, Ky., represented 
appellant.
L. Miller Grumley, Esq., Jonathan Freed, Esq., in Paducah, Ky., 
Thomas R. Peters, Esq., Mark R. Kurz, Esq., David B. 
Schneidewind, Esq., in Belleville, Ill., represented appellee.
ASBESTOS UPDATE: Del. Court Affirms Board Ruling in Rhodes Case
---------------------------------------------------------------
The Superior Court of Delaware, New Castle County, affirmed the 
ruling of the Industrial Accident Board, which entered judgment 
in favor of Diamond State Port Corporation, in an asbestos suit 
filed by William Rhodes.
The case is styled William Rhodes, Appellant, Claimant v. Diamond 
State Port Corporation, Appellee, Employer.
Judge Richard R. Cooch entered judgment in Civil Action No. 09A-
04-005 RRC on Jan. 22, 2010.
Mr. Rhodes worked as a forklift operator at the Port of 
Wilmington from 1987 until Oct. 19, 2006. In December 2006, he 
was diagnosed with lung cancer, and he ultimately died of that 
cancer on Dec. 21, 2006.
On Oct. 1, 2007, a Petition to Determine Compensation Due was 
filed against Diamond State Port Corporation by Mr. Rhodes' 
representative. This petition sought to relate his lung cancer to 
his possible exposure to asbestos while working at the Port of 
Wilmington.
On Sept. 8, 2008, a hearing was held before the Board to 
determine whether Mr. Rhodes' lung cancer was related to his 
alleged exposure to asbestos. At the hearing, his representative 
called several witnesses to testify about his work conditions.
On March 19, 2009, the Board denied Mr. Rhodes' petition. His 
representative now filed an appeal with this Court.
Richard T. Wilson, Esq., Law Offices of Peter G. Angelos, in 
Wilmington, Del., represented William Rhodes.
Francis X. Nardo, Esq., Tybout, Redfearn & Pell, in Wilmington, 
Del., represented Diamond State Port Corporation.
ASBESTOS UPDATE: Appeals Court Upholds Ruling in Linkus' Lawsuit
----------------------------------------------------------------
The Court of Special Appeals of Maryland upheld the ruling of the 
Circuit Court for Baltimore City, which entered judgment in favor 
of John Linkus in the asbestos case styled John Crane, Inc. v. 
John Linkus, Personal Representative of the Estate of George J. 
Linkus, Sr.
Judges James R. Eyler, Timothy E. Meredith, and Charles E. 
Moylan, Jr. entered judgment in Case No. No. 959, Sept. Term, 
2008 on Feb. 1, 2010.
John Crane, Inc. appealed from a judgment entered in the Circuit 
Court for Baltimore City in this asbestos related disease case, 
in favor of George J. Linkus, Sr.
On May 7, 2009, during the pendency of this appeal, Mr. Linkus 
died, and John Linkus, personal representative of the estate of 
George J. Linkus, Sr., appellee, had been substituted as a party.
John Crane contended the court erred in:
-- Denying its motion for judgment and judgment notwithstanding 
   the verdict on the ground that expert testimony that its 
   products released asbestos fibers was required to establish 
   causation; 
-- Denying its motion for new trial and not ordering a 
   remittitur on the ground that the verdict was excessive; and
-- Granting Mr. Linkus' motion to enter judgment without 
   crediting settlement amounts received from several bankrupt 
   defendants.
George J. Linkus, Sr. was a shipyard worker. In 1988, counsel for 
numerous shipyard workers filed a master complaint in circuit 
court, to be followed by a short form complaint by each 
plaintiff. On April 4, 2005, George J. Linkus, Sr. was diagnosed 
with pleural mesothelioma. On April 29, 2005, he filed a short 
form complaint, naming John Crane and 63 other entities as 
defendants.
The short form complaint contained counts in strict liability, 
breach of warranty, negligence, fraud, conspiracy, and market 
share liability. In the short form complaint, George J. Linkus, 
Jr. alleged that he was employed at the Key Highway shipyard as a 
machinist and that he was exposed to asbestos containing products 
from 1952 through the 1970s.
ASBESTOS UPDATE: Cabot Corp. Still Involved in AO Exposure Suits
----------------------------------------------------------------
Cabot Corporation continues to be party to cases, including 
asbestos-related, in connection with a safety respiratory 
products business that a subsidiary acquired from American 
Optical Corporation (AO) in an April 1990 asset purchase 
transaction.
The subsidiary manufactured respirators under the AO brand and 
disposed of that business in July 1995. In connection with its 
acquisition of the business, the subsidiary agreed, in certain 
circumstances, to assume a portion of AO's liabilities, including 
costs of legal fees together with amounts paid in settlements and 
judgments, allocable to AO respiratory products used prior to the 
1990 purchase by the Cabot subsidiary.
The Company's respirator liabilities involve claims for personal 
injury, including asbestosis, silicosis and coal worker's 
pneumoconiosis, allegedly resulting from the use of AO 
respirators that are alleged to have been negligently designed or 
labeled.
There were about 51,000 claimants as of Dec. 31, 2009 and 52,000 
claimants as of Sept. 30, 2009 in pending cases asserting claims 
against AO in connection with respiratory products. The Company 
has a reserve to cover its expected share of liability for 
existing and future respirator liability claims.
The book value of the reserve is being accreted up to the 
undiscounted liability through interest expense over the expected 
cash flow period, which is through 2052.
At Dec. 31, 2009 the reserve was US$13 million on a discounted 
basis (US$23 million on an undiscounted basis). Cash payments 
related to this liability were less than US$1 million in the 
first three months of both fiscal 2010 and fiscal 2009.
Headquartered in Boston, Cabot Corporation produces carbon black, 
a reinforcing and pigmenting agent used in tires, inks, cables, 
and coatings. It has about 25 percent of the world market for the 
product. Products also include fumed metal oxides like fumed 
silica and fumed alumina (used as anti-caking, thickening, and 
reinforcing agents in adhesives and coatings), tantalum and 
specialty fluids for gas and oil drilling.
ASBESTOS UPDATE: Fairmont Still Faces 22,500 Claims in 7 States
---------------------------------------------------------------
A CONSOL Energy, Inc. subsidiary, Fairmont Supply Company (a 
distributor of industrial supplies) still faces about 22,500 
asbestos claims in state courts in Pennsylvania, Ohio, West 
Virginia, Maryland, Mississippi, New Jersey and Illinois.
Because a very small percentage of products manufactured by third 
parties and supplied by Fairmont in the past may have contained 
asbestos and many of the pending claims are part of mass 
complaints filed by hundreds of plaintiffs against a hundred or 
more defendants, it has been difficult for Fairmont to determine 
how many of the cases actually involve valid claims or plaintiffs 
who were actually exposed to asbestos-containing products 
supplied by Fairmont.
In addition, while Fairmont may be entitled to indemnity or 
contribution in certain jurisdictions from manufacturers of 
identified products, the availability of such indemnity or 
contribution is unclear at this time, and in recent years, some 
of the manufacturers named as defendants in these actions have 
sought protection from these claims under bankruptcy laws. 
Fairmont has no insurance coverage with respect to these asbestos 
cases. Past payments by Fairmont with respect to asbestos cases 
have not been material.
Headquartered in Canonsburg, Pa., CONSOL Energy Inc. is a multi-
fuel energy producer and energy services provider primarily 
serving the electric power generation industry in the United 
States. During the year ended Dec. 31, 2009, the Company produced 
high-British thermal unit (Btu) bituminous coal from 16 mining 
complexes in the United States.
ASBESTOS UPDATE: Mueller Units Still Named in Exposure Lawsuits
---------------------------------------------------------------
Some of Mueller Water Products, Inc.'s subsidiaries are still 
named as defendants in asbestos-related lawsuits.
No further asbestos-related matters were disclosed in the 
Company's quarterly report filed on Feb. 9, 2010 with the U.S. 
Securities and Exchange Commission.
Headquartered in Atlanta, Mueller Water Products, Inc. operates 
in three business segments: Mueller Co., U.S. Pipe and Anvil. 
Mueller Co. manufactures valves for water and gas systems. U.S. 
Pipe manufactures ductile iron pipe, joint restraint products, 
fittings and other ductile iron products. Anvil produces and 
sources fittings, couplings, hangers, nipples and related pipe 
products.
ASBESTOS UPDATE: STERIS Corp. Still Involved in Exposure Actions
----------------------------------------------------------------
STERIS Corporation is and will likely be involved in legal 
proceedings and claims related to asbestos-related product 
exposure.
No further asbestos-related matters were disclosed in the 
Company's quarterly report filed on Feb. 9, 2010 with the U.S. 
Securities and Exchange Commission.
Headquartered in Mentor, Ohio, STERIS Corporation develops, 
manufactures and markets infection prevention, contamination 
control, microbial reduction, and surgical and critical care 
support products and services for healthcare, pharmaceutical, 
scientific, research, industrial, and governmental Customers 
throughout the world.
ASBESTOS UPDATE: Skilled Healthcare Records $5.5M ARO at Dec. 31
----------------------------------------------------------------
Skilled Healthcare Group, Inc. recorded asbestos-related asset 
retirement obligations of US$5.5 million as of Dec. 31, 2009, 
compared with US$5.4 million as of Dec. 31, 2008, according to 
the Company's annual report filed on Feb. 9, 2010 with the U.S. 
Securities and Exchange Commission.
The Company's long-term asbestos abatement liability was 
US$5,462,000 as of Sept. 30, 2009. (Class Action Reporter, Nov. 
20, 2009)
The Company determined that a conditional asset retirement 
obligation exists for asbestos remediation. The removal of 
asbestos-containing materials includes primarily floor and 
ceiling tiles from the Company's pre-1980 constructed facilities.
Headquartered in Foothill Ranch, Calif., Skilled Healthcare 
Group, Inc. is a holding company that owns subsidiaries that 
operate skilled nursing facilities, assisted living facilities, 
hospices, and a rehabilitation therapy business.
ASBESTOS UPDATE: Travelers Expends in 4Q2009 to Lobby for Claims
----------------------------------------------------------------
During the fourth quarter of 2009, The Travelers Companies, Inc. 
lobbied on issues including the National Insurance Consumer 
Protection Act, coastal wind zone proposals, bankruptcy issues 
and asbestos-related legislation.
The Company spent a total of US$1.66 million for the period to 
lobby the U.S. federal government on global warming matters, 
workers' compensation, consumer protection rights and other 
issues, according to a recent disclosure report.
That's up from the US$1.43 million the Company spent in the year-
ago period and the US$790,000 it spent in the 2009 third quarter.
The Company continues to seek customers at a time when employers 
have fewer workers and less valuable property to insure.
ASBESTOS UPDATE: Abatement at Harrison County Hospital Underway
---------------------------------------------------------------
The removal of asbestos at the old Harrison County Hospital in 
Corydon, Ind., is underway, Mesothelioma.com reports.
Midwest Service Group placed the low bid for the contract at 
US$434,895.
This task is the initial step of a larger US$13 million project. 
The firm of James L. Shireman Inc. was hired in 2009 as 
construction manager to oversee conversion of the former hospital 
complex into a new county government complex.
The subcontractor responsible for asbestos removal at the site is 
Midwest Service Group of Schererville, Ind.
Most of the asbestos removal at the site is occurring in the 
oldest section of the former hospital, which dates to the 1950s.
ASBESTOS UPDATE: Menssen Wins $17.87M Case v. Pneumo, Honeywell
---------------------------------------------------------------
On Feb. 8, 2010, Jayne Manssen won an asbestos award of US$17.87 
million for her exposure to asbestos at a Bloomington, Ill., 
factory in the 1960s, Pantagraph.com reports.
Ms. Menssen contracted mesothelioma after being exposed to 
asbestos when she worked as a secretary at Union Asbestos and 
Rubber Co., later called Unacro Industries Inc., from 1967 to 
1969, according to a statement issued by her attorney, Lisa 
Corwin, Esq.
Ms. Menssen argued the defendants, Pneumo Abex LLC and Honeywell 
International Inc., and their corporate predecessors knew of but 
failed to warn employees and customers of the hazards of 
asbestos.
A McLean County jury reached the verdict after deliberating one 
day at the end of a four-week trial. The jury assessed 
compensatory damages of US$3.5 million against both defendants. 
Also assessed were punitive damages of US$4.37 million against 
Pneumo Abex and US$10 against Honeywell.
ASBESTOS UPDATE: HB 629 Shields Crown Cork From Exposure Claims
---------------------------------------------------------------
On Feb. 8, 2010, the House of Delegates voted to shield Crown 
Cork & Seal Company from liability to asbestos-related health 
claims, The Virginian-Pilot reports.
Terry Kilgore's bill does not mention any company by name. The 
bill applies to Crown Cork & Seal, a Philadelphia-based maker of 
cans and bottle caps. It has plants in Suffolk, Va., and 
Winchester, Va.
Crown Cork & Seal has never made any products with asbestos. 
However, in 1963, it bought the stock of Mundet Cork Co., which 
had an insulation division that it sold 90 days later. Under 
existing law, Crown is liable to lawsuits resulting from the 
presence of asbestos in Mundet's insulation products.
Mr. Kilgore's bill, which won preliminary House approval, limits 
Crown's asbestos-related liability to the value of Mundet's 
assets at the time it was purchased.
Mr. Kilgore, R-Lee County, characterized the measure as a "jobs 
bill," saying it would protect a Virginia employer from 
potentially crippling litigation. Dozens of asbestos companies 
have been driven into bankruptcy by billions of dollars in suits 
brought by workers who contracted deadly lung diseases from 
handling the material.
Opponents argued that the bill gives special treatment to a 
single company, allowing it to escape responsibility for its 
actions.
Crown has given US$101,033 in campaign contributions to Virginia 
lawmakers since 2008, according to the nonprofit Virginia Public 
Access Project. Mr. Kilgore, the bill's sponsor, received 
US$3,000.
ASBESTOS UPDATE: Appeal Court Upholds Ruling in Quinn's Lawsuit
---------------------------------------------------------------
The Court of Appeal, First District, Division 4, California, 
affirmed the ruling of the San Francisco County Superior Court, 
regarding allocation of the settlement funds in the underlying 
asbestos litigation Betty Quinn's deceased husband, James Quinn.
The case is styled Adrienne Hankins, as Co-administrator, etc., 
Plaintiff and Appellant v. Asbestos Defendants (BHC), Defendants; 
Juanita Reid, Real Party in Interest and Respondent.
Judges Maria P. Rivera, Timothy A. Reardon, and Patricia K. 
Sepulveda entered judgment in Case No. A123687 on Jan. 29, 2010.
Adrienne Hankins, as the co-administrator of the estate of Betty 
Quinn and as the personal representative of Mrs. Quinn's son, 
Anthony Hellums, appealed from the order. She contended that the 
trial court should have allocated 50 percent of the settlement 
proceeds to the estate of Mrs. Quinn on behalf of Mr. Hellums, 
the stepson of James, rather than allocating 80 percent of the 
settlement proceeds to James' daughter and wrongful death heir,
Juanita Reid.
Mr. Quinn died Aug. 1, 1998, of mesothelioma. Mrs. Quinn filed a 
wrongful death lawsuit against various asbestos defendants. She 
had five children from a prior relationship who were raised in 
the Quinn household. She died on Oct. 7, 2003.
Mr. Hellums is mentally incompetent, and lived with and was 
dependent on the Quinns before their deaths. The Quinns died 
intestate.
On May 13, 1999, Mrs. Quinn commenced the underlying wrongful 
death action against the asbestos defendants. On Aug. 15, 2008, 
counsel for plaintiffs in that action, moved for an order 
determining the respective rights of Mr. Quinn's heirs to the 
settlement funds in the action and for an order distributing the 
funds and any future net settlement funds from bankrupt 
defendants that had not yet settled, and those defendants that 
had not yet paid the agreed settlement sums.
The court ordered that Mr. Quinn's heirs were entitled to share 
in the distribution of the settlement funds, with 20 percent 
allocated to Mrs. Quinn's estate for loss of consortium and as a 
wrongful death heir and 80 percent allocated to Ms. Reid as a 
wrongful death heir.
This appeal followed and the trial court's order was affirmed.
ASBESTOS UPDATE: Calif. Court Affirms Delahaye's Move to Remand
---------------------------------------------------------------
The U.S. District Court, Northern District of California, 
affirmed Frank Delahaye's motion to remand, in an asbestos 
lawsuit styled Frank Delahaye, Plaintiff v. Asbestos Defendants, 
et al., Defendant.
District Judge Jeffrey S. White entered judgment in Case No. C 
09-05504 JSW on Jan. 25, 2010.
Mr. Delahaye filed this case in San Francisco Superior Court 
against several defendants, including Metalclad Insulation 
Corporation, alleging that defendants' actions caused Mr. 
Delahaye to be stricken with asbestosis and asbestos related 
pleural disease.
Mr. Delahaye brought claims for negligence, strict liability, 
false representation, loss of consortium, premises 
owner/contractor liability, unseaworthiness, and maintenance and 
cure. He alleged that Metalclad was liable because in December 
1968, Metalclad brokered a shipment of asbestos-containing 
Unibestos thermal insulation from Pittsburg Corning for use in 
the nuclear reactor compartments of the USS Drum, the USS 
Guitarro, the USS Hawkbill and the USS Pintado, four nuclear 
submarines.
Mr. Delahaye worked as a machinist, nuclear inspector and tester 
on board these submarines and alleged that he was exposed to 
asbestos fibers from this Unibestos shipment.
Metalclad filed a Notice of Removal with this Court on Nov. 29, 
2009, claiming federal officer jurisdiction. Mr. Delahaye now 
moved to remand this case back to San Francisco Superior Court.
The case was remanded to the Superior Court of California for the 
County of San Francisco.
Richard Martin Grant, Esq., David R. Donadio, Esq., of Brayton 
Purcell LLP in Novato, Calif., represented Frank Delahaye.
Felicia Yi-Wen Feng, Esq., Lisa Lurline Oberg, Esq., of McKenna 
Long & Aldridge LLP in San Francisco, represented the Defendants.
ASBESTOS UPDATE: La. Appeal Court Affirms Ruling in Brumley Case
----------------------------------------------------------------
The Court of Appeal of Louisiana, Fourth Circuit, upheld the 
ruling of the Civil District Court, Orleans Parish, which denied 
Curtis Brumley's petition for a new asbestos trial.
The case is styled Jimmy Brumley v. Akzona, Inc. f/k/a American 
Enka Corporation, et al.
Judges Terri F. Love, David S. Gorbaty and Roland L. Belsome 
entered judgment in Case No. 2009-CA-0861 on Jan. 13, 2010. Judge 
Belsome dissented.
This litigation involved the survival and wrongful death claims 
filed by Curtis Brumley, the child of decedent Jimmy Brumley. It 
is alleged that Jimmy Brumley contracted, and subsequently died 
from, malignant mesothelioma resulting from asbestos exposure. 
Curtis Brumley alleged that Jimmy Brumley sustained significant 
occupational exposure to asbestos from 1952 to 1985 as an 
insulator at various worksites primarily in Texas and Louisiana.
Curtis Brumley is a Texas resident, as was Jimmy Brumley. Suit 
was filed in Orleans Parish against numerous defendants, 
including American Cyanamid, a premises defendant. The petition 
pleaded generally that venue is proper in Orleans Parish because 
the wrongful conduct allegedly occurred in Orleans Parish, and 
each of the defendants was jointly and solidarity liable for the 
alleged injuries.
American Cyanamid filed an Exception of Improper Venue and Motion 
to Dismiss for Forum Non Conveniens, asserting that Texas was a 
more appropriate forum. Other defendants pleaded exceptions to 
venue and joined in American Cyanamid's motion.
After a hearing, the trial court granted the forum non conveniens 
motion and dismissed the action without prejudice, reserving to 
Curtis Brumley the right to re-file the action in a Texas court 
within 60 days. The trial court did not rule on the exception of 
improper venue.
Curtis Brumley filed a Motion for New Trial and/or Clarification. 
The trial court denied the motions, finding that "[t]he 
overwhelming evidence is that this matter should be tried in 
Texas." Curtis Brumley filed this appeal.
Mickey P. Landry, Esq., Frank J. Swan, Esq., David R. Cannella, 
Esq., Philip C. Hoffman, Esq., of Landry & Swarr, L.L.C. in New 
Orleans, La., and Waters & Kraus, LLP in Dallas, represented 
Curtis Brumley.
ASBESTOS UPDATE: Appeal Court OKs Board Ruling in Straight Case
---------------------------------------------------------------
The U.S. Court of Appeals for Veterans Claims affirmed the June 
15, 2007 ruling of the Board of Veterans' Appeals, which denied 
Joann Straight's claim for entitlement to an effective date 
earlier than March 8, 2004, for her deceased husband's service-
connected coronary artery disease (CAD), for the purpose of 
accrued benefits.
The case is styled Joann Straight, Appellant v. Eric K. Shinseki, 
Secretary of Veterans Affairs, Appellee.
Judge Alan G. Lance, Sr. entered judgment in Case No. No. 08-0400 
on Feb. 5, 2010.
Mr. Straight served in the U.S. Navy from May 1943 until December 
1945. In June 1986, he filed an application for non-service-
connected pension for the residuals of a "triple bypass surgery" 
at a Cleveland clinic in 1985. In October 1986, VA awarded Mr. 
Straight a non-service-connected pension for status post-coronary 
artery bypass surgery and assigned a 30 percent disability 
rating.
On Feb. 25, 2002, Mr. Straight submitted an informal claim to the 
Huntington, W.Va., regional office (RO). This claim requested 
"permanent disability for exposure to asbestos." In support of 
the claim, the letter explained that Mr. Straight was exposed to 
"lots of asbestos" while his ship was under attack and that an 
enclosed medical record showed his diagnosis of asbestosis.
On Aug. 20, 2003, Mr. Straight submitted an application to the RO 
seeking total disability based on individual unemployability 
(TDIU). On March 8, 2004, he submitted a letter in support of his 
TDIU claim, which stated that the veteran was submitting medical 
records related to the treatment of his heart condition and that 
he had done research indicating that heart failure is consistent 
with asbestosis.
Shortly thereafter, Mrs. Straight filed a Notice of Disagreement 
(NOD) on behalf of Mr. Straight. On Aug. 31, 2004, Mr. Straight 
died.
In October 2004, Mrs. Straight filed an application for accrued 
benefits, dependancy and indemnity compensation, and death 
pension. In a separate filing, she contended that it was Mr. 
Straight's lung problems that caused his heart to fail.
In December 2004, the RO awarded Mrs. Straight service connection 
for CAD as secondary to service-connected asbestosis, effective 
March 8, 2004, with a 60 percent disability rating for the 
purpose of accrued benefits.
In January 2005, Mrs. Straight filed an NOD seeking an effective 
date of Feb. 25, 2002. In March 2007, the Board held a hearing on 
Mrs. Straight's claim. Three months later, the Board issued a 
decision denying Mrs. Straight an effective date earlier than 
March 8, 2004, on the grounds that there was no document dated 
earlier than March 8, 2004, on record that could be construed as 
a claim for service connection for heart disease.
Mrs. Straight appealed.
ASBESTOS UPDATE: Corning Records $682Mil Liabilities at Dec. 31
---------------------------------------------------------------
Corning Incorporated recorded US$682 million as non-current 
liabilities for asbestos litigation at Dec. 31, 2009, compared 
with US$662 million at Dec. 31, 2008, according to the Company's 
annual report filed on Feb. 10, 2010 with the U.S. Securities and 
Exchange Commission.
At Dec. 31, 2009, the Company's liability for asbestos litigation 
reflected the components of a proposed resolution that requires 
the Company to contribute its equity interest in Pittsburgh 
Corning Corporation (PCC) and Pittsburgh Corning Europe N.V. 
(PCE) and to contribute a fixed series of cash payments, recorded 
at present value on Dec. 31, 2009.
The Company and PPG Industries, Inc. each own 50 percent of the 
capital stock of PCC. Over a period of more than two decades, PCC 
and several other defendants have been named in numerous lawsuits 
involving claims alleging personal injury from exposure to 
asbestos.
On April 16, 2000, PCC filed for Chapter 11 reorganization in the 
U.S. Bankruptcy Court for the Western District of Pennsylvania. 
At the time PCC filed for bankruptcy protection, there were about 
11,800 claims pending against the Company in state court lawsuits 
alleging various theories of liability based on exposure to PCC's 
asbestos products and typically requesting monetary damages in 
excess of US$1 million per claim. 
The Company is also currently involved in about 10,400 other 
cases (about 38,800 claims) alleging injuries from asbestos and 
similar amounts of monetary damages per case.
Headquartered in Corning, N.Y., Corning Incorporated produces 
specialty glass and ceramics. The Company creates and makes 
keystone components that enable high-technology systems for 
consumer electronics, mobile emissions control, 
telecommunications and life sciences.
ASBESTOS UPDATE: Central Hudson Facing 1,188 Lawsuits at Dec. 31
----------------------------------------------------------------
CH Energy Group, Inc. says that, as of Dec. 31, 2009, of the 
3,319 asbestos cases brought against its subsidiary, Central 
Hudson Gas & Electric Corporation, about 1,188 remain pending, 
according to the Company's annual report filed on Feb. 10, 2010 
with the U.S. Securities and Exchange Commission.
Of the 3,317 asbestos cases brought against Central Hudson, about 
1,187 remain pending as of Sept. 30, 2009. (Class Action 
Reporter, Nov. 27, 2009)
Since 1987, Central Hudson, along with many other parties, has 
been joined as a defendant or third-party defendant in 3,319 
asbestos lawsuits commenced in New York State and federal courts. 
The plaintiffs in these lawsuits have each sought millions of 
dollars in compensatory and punitive damages from all defendants.
The cases were brought by or on behalf of individuals who have 
allegedly suffered injury from exposure to asbestos, including 
exposure which allegedly occurred at two formerly owned electric 
generating plants; the Roseton Electric Generating Plant and the 
Danskammer Point Steam Electric Generating Station.
Of the cases no longer pending against Central Hudson, about 
1,979 have been dismissed or discontinued without payment by 
Central Hudson, and Central Hudson has settled 152 cases.
Headquartered in Poughkeepsie, N.Y., CH Energy Group, Inc.'s 
subsidiary, Central Hudson Gas & Electric, provides electricity 
to about 300,000 electric and 74,000 natural gas customers in 
eight counties of New York State's Mid-Hudson River Valley, and 
delivers natural gas and electricity in a 2,600-square-mile 
service territory that extends from New York City to Albany. 
ASBESTOS UPDATE: Allstate Has $1.180B Claims Reserves at Dec. 31
----------------------------------------------------------------
The Allstate Corporation's reserves for asbestos claims amounted 
to US$1.180 billion during the year ended Dec. 31, 2009, compared 
with US$1.228 billion during the twelve months ended Dec. 31, 
2008.
The Company's reserves for asbestos claims amounted to US$1.161 
billion during the three months ended Sept. 30, 2009, according 
to a Company report, on Form 8-K, filed on Feb. 10, 2010 with the 
U.S. Securities and Exchange Commission.
Headquartered in Northbrook, Ill., The Allstate Corporation is a 
publicly held personal lines insurer. Consumers access Allstate 
insurance products and services through Allstate agencies, 
independent agencies, and Allstate exclusive financial 
representatives in the U.S. and Canada, as well as via 
www.allstate.com and 1-800 Allstate.
ASBESTOS UPDATE: Zenith Records 304 Exposure Actions at Dec. 31
---------------------------------------------------------------
Zenith National Insurance Corp., at Dec. 31, 2009, had 304 
asbestos such claims open with loss reserves of US$3.4 million 
compared to its total workers' compensation loss reserves, net or 
reinsurance, of US$915.0 million.
The Company has exposure to asbestos losses in its workers' 
compensation segment which have not been material to results of 
operations or financial condition.
In its history, the Company has paid and closed 4,340 such 
asbestos-related workers' compensation claims for a total of 
US$13.4 million or 0.2 percent of ultimate loss estimates, 
according to the Company's annual report filed on Feb. 10, 2010 
with the U.S. Securities and Exchange Commission.
Headquartered in Woodland Hills, Calif., Zenith National 
Insurance Corp. is a holding company engaged, through its wholly-
owned subsidiaries, Zenith Insurance Company and ZNAT Insurance 
Company, in the workers' compensation insurance business, 
nationally.
ASBESTOS UPDATE: Giles Widow Seeking Info in Compensation Claim
---------------------------------------------------------------
Janet Giles, the widow of Kenneth Giles who died of mesothelioma 
from workplace exposure to asbestos, is seeking the help of his 
former workmates in her claim for compensation, The Bath 
Chronicle reports.
Mr. Giles was diagnosed with mesothelioma in October 2008 at the 
age of 80.
Mrs. Giles's legal team believes Mr. Giles may have been exposed 
to asbestos dust and fibers when he was working for The Bath Box 
Company. He worked for the firm, which at various times made 
wooden boxes and buildings, for a total of 20 years. He was at 
the Locksbrook Road firm for two spells, from 1942 to 1960 and 
from 1976 to 1978, working as a woodcutter.
It is understood the firm closed in the 1970s.
ASBESTOS UPDATE: Martin Case v. 10 Firms Filed Feb. 9 in Indiana
----------------------------------------------------------------
Roy Martin, on Feb. 9, 2010, filed an asbestos-related lawsuit 
against 10 defendant corporations in the U.S. District Court in 
Hammond, Ind., the Post-Tribune reports.
The lawsuit says that Mr. Martin, from Griffith, Ind., worked as 
pipefitter for various companies, mostly in Indiana and Illinois, 
from 1974 until 2007, when he was diagnosed with asbestosis.
Eight of the companies -- CBS Corp., Foster Wheeler Corp., 
Garlock Sealing Technologies LLC, General Electric Co., Georgia 
Pacific LLC, Lincoln Electric Co., Rapid American Corp. and Union 
Carbide Corp. -- provided products with asbestos that Mr. Martin 
worked with, the lawsuit said.
Mr. Martin said that two of the companies, Commonwealth Edison 
Company and International Business Machines Corp., owned 
properties where he worked when he came in contact with asbestos.
According to the lawsuit, Commonwealth Edison and International 
Business Machines owned the property Mr. Martin worked on where 
he was exposed to asbestos, which he listed as 27 companies he 
has worked for since 1974.
It is unclear, though, whether he is claiming that Mr. Martin 
faced asbestos exposure at all the companies, which include U.S. 
Steel Gary Works, then-Inland Steel and the BP refinery in 
Whiting.
ASBESTOS UPDATE: Court To Accept 5 Amicus Briefs in Peirce Case
---------------------------------------------------------------
On Feb. 9, 2010, the U.S. Court of Appeals for the Fourth Circuit 
decided to accept five amicus briefs in an asbestos case 
involving the law firm of Peirce, Raimond & Coulter, The West 
Virginia Record reports.
Peirce, Raimond & Coulter of Pittsburgh is accused by CSX 
Transportation of conspiring to fabricate an asbestos exposure 
claim. Several organizations, including the West Virginia Chamber 
of Commerce and the American Tort Reform Foundation, are 
supporting the appeal of CSX.
The Peirce firm said three of the briefs served as a "conduit" 
for CSX to introduce more arguments than allowed by page limits, 
and the other two were irrelevant.
Ray Harron, a former radiologist from Bridgeport, W.Va., was 
accused of diagnosing lung disease in patients who did not have 
it. CSX says Peirce, Raimond & Coulter then hid those plaintiffs 
with thousands of others, preventing it from being able to 
adequately investigate each complaint.
In 2005, federal court judge Janis Graham Jack made national 
headlines when she uncovered duplicate and fraudulent silica 
diagnoses in her Texas courtroom. Many of those diagnoses were 
made by Mr. Harron and were made on plaintiffs who had already 
brought asbestos claims.
U.S. District Judge Frederick Stamp ruled for the Peirce firm, 
deciding that CSX missed the statute of limitations when filing 
its claim.
ASBESTOS UPDATE: Volkswagen Calls For Hearing on Asbestos Expert
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Volkswagen Group of America, Inc. urged U.S. Multi District Judge 
Eduardo Robreno for a hearing on the influence of asbestos expert 
Arthur Frank on public statements of the National Cancer 
Institute, The Madison St. Clair Record reports.
On Feb. 3, 2010, Alice Johnston of Pittsburgh wrote for VW, "Dr. 
Frank's lobbying efforts go to the central issue in all asbestos 
litigation against friction defendants, the issue of general 
causation."
Auto makers and other friction defendants face claims from 
mechanics who allege they inhaled asbestos while repairing 
brakes. In July 2009, in a deposition for litigation in Madison 
County, Dr. Frank shared credit with lawyer Christian Harley for 
shaping statements on the institute's website.
Auto makers in multi district litigation before Judge Robreno 
served a subpoena on Dr. Frank to find out more about the 
changes. Dr. Frank moved in August 2009 to quash the subpoena, 
but he did not request a hearing. After negotiations failed, VW 
asked for a hearing.
On Feb. 4, 2010, Allied-Signal moved to join VW in asking for a 
hearing.
Dr. Frank, chairman of environmental and occupational health at 
Drexel University in Philadelphia, charges US$400 an hour as an 
expert. In his deposition in 2009, he said he billed about 
US$380,000 in 2008.
Judge Robreno presides over asbestos suits from federal courts 
around the nation by appointment of the U.S. Judicial Panel on 
Multi District Litigation.
After he enforced a previous judge's order requiring a separate 
suit for each plaintiff against each defendant, Judge Robreno's 
docket carried more than three million cases. The mass keeps 
shrinking as he and a platoon of magistrates push lawyers to 
settle and dismiss suits in batches.
On Feb. 3, 2010, Kip Harbison of Norfolk, Va., dismissed all 
claims of 42 clients. He dismissed claims of 74 others against 
Owens-Illinois, Inc.
ASBESTOS UPDATE: Berengo Trial v. Hardie, CSR Slated for Feb. 16
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Trial in an asbestos case filed by Robert Berengo against James 
Hardie Industries N.V. and CSR Limited begins on Feb. 16, 2010 in 
the Victorian Supreme Court, The Sydney Morning Herald reports.
The Supreme Court declined late changes to an asbestos damages 
case in which Mr. Berengo, who is dying from mesothelioma, 
planned to accuse Hardie and CSR of joining forces to disguise 
the dangers of asbestos.
Justice Terry Forrest said the proposed amendments in their 
present form would not be allowed.
Although Justice Forrest said the proposed pleadings in the case 
of Mr. Berengo were deficient, he also made it clear that 
litigants in the future might well be able to allege joint 
liability if they properly set out the material facts and the 
case that is to be answered.
Mr. Berengo wanted to allege that the Australian asbestos 
manufacturers deliberately did not put their brand names on their 
asbestos-related products during the 1960s and 1970s, making it 
harder to identify which of the two should bear liability in 
cases of injury and disease.
Mr. Berengo also wanted to allege that the companies had agreed 
to cooperate to dissuade regulators from restricting the use of 
asbestos and to influence public opinion about the dangers of 
their product.
ASBESTOS UPDATE: Aberdeen School in Miss. Scheduled for Cleanup
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Asbestos from the Aberdeen Middle School on West Commerce Street 
in Aberdeen, Miss., is set to be removed, The Dispatch reports.
The students will be redirected to alternate schools beginning 
while the district decides what to do about asbestos in the old 
building.
Aberdeen schools Superintendent Chester Leigh says a routine 
inspection by the Mississippi Department of Environmental Quality 
in January 2010 discovered asbestos in the former Aberdeen High 
School.
The DEQ did not order the building be closed or deem it unsafe, 
but the district plans to make some repairs to the school and the 
substance could become a hazard once disturbed, Mr. Leigh said.
ASBESTOS UPDATE: Court Reverses Summary Judgment in Cashman Case
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The Court of Appeals of Washington, Division 1, reversed the 
ruling of the King County Superior Court, which granted summary 
judgment in favor of Pacific Scientific Company, in an asbestos 
case filed by Darlyne Cashman on behalf of Robert Cashman.
The case is styled Darlyne Cashman, for herself and as Personal 
Representative of the Estate of Robert Cashman, Deceased, 
Appellant v. Pacific Scientific Company, Respondent.
Judges Linda Lau, Stephen Dwyer, and Ronald Cox entered judgment 
in Case No. 61913-6-I on Feb. 8, 2010.
From about 1967 until 1975, Mr. Cashman worked at Puget Sound 
Heat Treating (PSHT) in Tacoma as a heat-treating helper and 
later as a shop foreman. He also worked as a heat treater at the 
Naval Underseas Warfare Center in Keyport from about 1975 until 
he retired in 1997. His job duties included repairing and 
maintaining the heat-treating furnaces and endothermic gas 
generators.
In May 2005, Mr. Cashman was diagnosed with mesothelioma. In
August 2005, the estate sued numerous defendants, including 
Pacific. The estate alleged that Pacific manufactured and sold 
asbestos-containing furnaces and generators, Pacific failed to 
warn Mr. Cashman of the dangers of asbestos exposure, and he 
contracted mesothelioma as a result. He died on Nov. 20, 2005.
On Aug. 31, 2007, Pacific moved for summary judgment dismissal. 
On Nov. 27, 2007, the trial court granted Pacific's motion for 
summary judgment dismissal, concluding that the estate failed to 
produce sufficient evidence to raise a genuine issue of material 
fact that Mr. Cashman had been exposed to respirable asbestos 
fibers from a product manufactured or sold by Pacific.
The estate appealed.
William Joel Rutzick, Esq., of Schroeter Goldmark & Bender in 
Seattle and Siegel, Waters & Kraus LLP in Dallas, represented 
Darlyne Cashman.
Randy Jarl Aliment, Esq., Christopher S. Marks, Esq., David 
Albert Shaw, Esq., Daniel W. Ferm, Esq., of Williams Kastner & 
Gibbs PLLC in Seattle, represented Pacific Scientific Company.
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