/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/100223.mbx C L A S S A C T I O N R E P O R T E R Tuesday, February 23, 2010, Vol. 12, No. 37 Headlines BANK OF ANTIGUA: Government Official Reacts to U.S. Investor Suit BAYCREEK INC: Recalls 1,900 Hooded Sweatshirts BNSF RAILWAY: Continues to Defend Suit Over Fuel Surcharges BNSF RAILWAY: Still Faces Lawsuits Over Personal Injury Claims BOBENS TRADING: Recalls 3,900 Girl's Hooded Sweatshirts CADBURY ADAMS: Pays $5.7 Million to Settle Price Fixing Case FRANKLIN ELECTRIC: Recalls 38,000 Submersible Pump Controllers FRANSHAW INC: Recalls 2,400 Children's Hooded Jackets GE INFRASTRUCTURE: Recalls 9,400 CO2 & Temperature Sensors MBIA: Loses Motion to Dismiss Aurelius Capital & Fir Tree Lawsuit PHILIP MORRIS: Appeal to ADESF's Right to Sue Pending in Brazil PHILIP MORRIS: Sao Paolo Suit Remains Stayed Pending Appeal PHILIP MORRIS: Smokers' Complaint in Bulgaria Not Yet Served PHILIP MORRIS: September 2010 Trial Set in "Letourneau" Suit PHILIP MORRIS: Trial in Sante/Blais Suit Set for September 2010 PHILIP MORRIS: Faces "Kunta" Suit in Winnipeg, Canada PHILIP MORRIS: Preliminary Motions in "Adams" Suit Pending PHILIP MORRIS: Faces "Semple" COPD-Related Suit in Nova Scotia PHILIP MORRIS: Has Yet to Be Served "Dorion" Complaint PHILIP MORRIS: Briefing on Class Certification to Finish in June PHILIP MORRIS: "Navon" Suit Remains Stayed in Israel PHILIP MORRIS: Continues to Oppose Certification in "Numberg" PHILIP MORRIS: No Trial Date Yet in Kansas Antitrust Lawsuit PHILIP MORRIS: Faces Suit in Ontario Over Breach of Contract PRUDENTIAL INSURANCE: E.D.N.Y. Suit Questions Disability Claims TELEVISION WRITERS: Notice of Proposed $70 Million Settlement TELLABS INC: Class Action Notice Being Mailed to Known Plaintiffs THIN CARE: Jillian Michaels Sues Plaintiff's Lawyer UNITED STATES: $1.25 Billion Settlement Inked in Pigford Case WEEPLAY KIDS: Recalls 11,800 Hooded Sweatshirts with Drawstrings ********* BANK OF ANTIGUA: Government Official Reacts to U.S. Investor Suit ----------------------------------------------------------------- The Jamaica Observer reports that CMC reports that a senior official of the Antigua and Barbuda government has described as "unbelievable" a class action lawsuit filed in the United States by a group of disgruntled investors against the Eastern Caribbean Central Bank (ECCB) and the government of this twin-island nation. The so-called Stanford Victims Coalition, which filed the action in a New York court on Wednesday, claims its 28,000 members fell prey to disgraced Texan financier Sir Allen Stanford, who has been charged by financial regulators in the United States for running an alleged "massive" Ponzi scheme through his Antigua- based Stanford International Bank. According to a release from the organisation, the lawsuit was filed by Morgenstern & Blue, LLC and seeks at least US$100 million in compensation "for ECCB's unlawful seizure last year of the Bank of Antigua, a crown jewel in Allen Stanford's fallen financial empire". But attorney general Justin Simon said he was not impressed by the claims. "I am really, really very upset because it clearly indicates that this kind of action comes from the uninformed and is itself unbelievable. To accuse the ECCB of thievery and of stealing the millions to which the Bank of Antigua is valued is more than preposterous and ludicrous," Simon said. "There has been no stealing, there has been no thievery, there has been taking over, there has been no expropriation," he continued, adding that the central bank was acting under its emergency powers. He noted that after a United States court appointed a receiver to manage the finances of the Stanford companies, the Bank of Antigua experienced a run which triggered the intervention of the ECCB, which Simon said was necessary as the run would have affected all of the members of the Eastern Caribbean Monetary Union. "There has been no takeover of the bank. What the ECCB had done was to intervene to prevent the run on the bank and subsequent to that to put together a company of which the various indigenous banks of the OECS are a part to manage the bank so that the bank could continue its operations. "We have to appreciate that up to EC$89 million had to be pumped into that bank to prevent its collapse which would have been totally detrimental, not only in respect of depositors, creditors but would also have affected the Eastern Caribbean in terms of our monetary policy," the attorney general said. In a further effort to stabilise the Bank of Antigua, the ECCB facilitated a meeting which resulted in the formation of a consortium that would manage the bank's day to day operations. The group consisted of the Antigua Commercial Bank, St Kitts Nevis Anguilla National Bank, Eastern Caribbean Financial Holdings (Bank of St Lucia), St Vincent and the Grenadines National Commercial Bank and National Bank of Dominica. All five financial institutions have also been targeted in the suit filed by the Stanford Victims Coalition. Group spokeswoman Angela Shaw contends that after a year, the Bank of Antigua remains in stable operation and has value so there is no need for the consortium. "I don't see how that is even justified. The team is not just managing that bank, they (the ECCB) issued shares in ownership," she said However, Simon insisted that the bank still belongs to the Texan investor. He also added that the victims have not taken into account several other considerations including the many Stanford employees who have yet to receive severance pay. "Everyone here is being very patient in respect of this situation, keeping very calm, watching what is happening and looking at developments to see how best that we can regain what has been lost in terms of financial investments," the attorney general said. The victims said that they not only want control of the bank but also all other assets, including properties the government sought to compulsorily acquire last year. "I think that it's very unfortunate that the people of Antigua are affected by their government's poor, their unethical decisions. What we want is not to cause damage to the island, however that will be the impact . . . we want our assets returned so we can sell them, we can own them and sell them as the economy improves," she said. According to Simon, the issue of compensation for the compulsory acquisition of Stanford properties is currently before the court, in effect stalling the acquisition process. The group has also launched a campaign to boycott Antigua and Barbuda, particularly its lucrative tourism industry. Shaw said its goal was to not damage an already fragile economy but recover the billions of client funds lost. "This is part of the overall lawsuit against the government of Antigua and Barbuda that the property and assets that have been taken were purchased with our investments," she said. The ECCB has not yet responded to the legal action. Queyrouze, et al. v. Bank of Antigua, et al., Case No. 10-cv-00304 (N.D. Tex.) (O'Connor, J.), was filed on Feb. 16, 2010, by: Scott S. Hershman, Esq. Paul B. Lackey, Esq. LACKEY HERSHMAN 3102 Oak Lawn Ave., Suite 777 Dallas, TX 75219-4241 Telephone: 214/560-2201 BAYCREEK INC: Recalls 1,900 Hooded Sweatshirts ---------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Baycreek Inc., of New York, N.Y., announced a voluntary recall of about 1,900 Hooded Sweatshirts. Consumers should stop using recalled products immediately unless otherwise instructed. The sweatshirts have a drawstring through the hood which can pose a strangulation hazard to children. In February 1996 CPSC, issued guidelines (which were incorporated in to an industry voluntary standard in 1997) to help prevent children from strangling or getting entangled in the neck and waist drawstrings in upper garments, such as jackets or sweatshirts. No incidents or injuries have been reported. This recall involves Attitude Gold children's hooded sweatshirts in sizes small, medium, large and extra large. The sweatshirts were sold in beige, blue, charcoal gray and black and have a random distress designs. Style number ZZJ-2J, ZZJ-01J, ZZJ-04J or ZZJ-5J is printed on the hangtag. Pictures of the recalled product are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10144.html The recalled garments were manufactured in China and sold at Burlington Coat Factory and Modecraft Fashions stores nationwide from October 2008 through June 2009 for about $25. Consumers should immediately remove the drawstrings from the sweatshirts to eliminate the hazard or return the garment to either the place of purchase or to Baycreek for a full refund. For additional information, call Baycreek collect at (212) 279-2777 between 10:00 a.m. and 5:00 p.m., Eastern TIme, Monday through Friday. BNSF RAILWAY: Continues to Defend Suit Over Fuel Surcharges ----------------------------------------------------------- BNSF Railway Co. continues to defend a consolidated class action complaint alleging violation of antitrust laws. Beginning May 14, 2007, some 30 similar class action complaints were filed in six federal district courts around the country by rail shippers against BNSF Railway and other Class I railroads alleging that they have conspired to fix fuel surcharges with respect to unregulated freight transportation services in violation of the antitrust laws and seeking injunctive relief and unspecified treble damages. These cases have been consolidated and are currently pending in the federal district court of the District of Columbia for coordinated or consolidated pretrial proceedings and style In re: Rail Freight Fuel Surcharge Antitrust Litigation, MDL No. 1869. Consolidated amended class action complaints were filed against BNSF Railway and three other Class I railroads in April 2008. No further updates were reported in the company's Feb. 11, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the year ended Dec. 31, 2009. BNSF Railway Co. -- http://www.bnsf.com/-- formerly known as The Burlington Northern and Santa Fe Railway Co., is a wholly owned subsidiary of Burlington Northern Santa Fe Corp. BNSF Railway operates a railroad system in North America. BNSF RAILWAY: Still Faces Lawsuits Over Personal Injury Claims -------------------------------------------------------------- BNSF Railway Co. continues to face purported class actions over personal injury claims, including asbestos claims and employee work-related injuries and third-party injuries. Personal injury claims by BNSF Railway employees are subject to the provisions of the Federal Employers' Liability Act (FELA) rather than state workers' compensation laws. FELA's system of requiring the finding of fault, coupled with unscheduled awards and reliance on the jury system, contributed to increased expenses in past years. Other proceedings include claims by non-employees for punitive as well as compensatory damages. A few proceedings purport to be class actions. The variability present in settling these claims, including non- employee personal injury and matters in which punitive damages are alleged, could result in increased expenses in future years. BNSF Railway has implemented a number of safety programs designed to reduce the number of personal injuries as well as the associated claims and personal injury expense. No further updates were reported in the company's Feb. 11, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the year ended Dec. 31, 2009. BNSF Railway Co. -- http://www.bnsf.com/-- formerly known as The Burlington Northern and Santa Fe Railway Co., is a wholly owned subsidiary of Burlington Northern Santa Fe Corp. BNSF Railway operates a railroad system in North America. BOBENS TRADING: Recalls 3,900 Girl's Hooded Sweatshirts ------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Bobens Trading Co. Inc., of Hicksville, N.Y., announced a voluntary recall of about 3,900 Girl's Hooded Sweatshirts with Drawstrings. Consumers should stop using recalled products immediately unless otherwise instructed. The hooded zip sweatshirts have a drawstring through the hood which can pose a strangulation hazard to children. In February 1996 CPSC, issued guidelines to help prevent children from strangling or getting entangled in the neck and waist drawstrings in upper garments such as sweatshirts and jackets. No incidents or injuries have been reported. The recall involves "Old Skool" girls' hoodie sweatshirts with long and short sleeves in sizes S - XL and in a variety of colors and designs. The neck seam label reads "Old Skool" and includes the garment size. The recalled style numbers GC5810, GV105, GV104 and GF254, were printed on the hang tags along with the price. Pictures of the recalled product are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10140.html The recalled garments were manufactured in China and sold at Burlington Coat Factory stores nationwide from November 2007 to September 2009 from about $8.00 to $20.00. Consumers should immediately remove the drawstrings from the sweatshirts to eliminate the hazard or return the garment to either the place of purchase, or to Bobens Trading Co. Inc., for a full refund. For additional information contact: Bobens Trading Co. Inc. at (516) 433-8490 between 10:00 a.m. and 4:30 p.m., Eastern Time, Monday through Friday or visit the Burlington Coat Factory's Web site at http://www.burlingtoncoatfactory.com/ CADBURY ADAMS: Pays $5.7 Million to Settle Price Fixing Case ------------------------------------------------------------ Geoff Kirbyson at the Winnipeg Free Press reports that Cadbury Adams Canada Inc. has agreed to pay $5.7 million to have itself removed as a defendant in the lawsuit. The class action includes every Canadian who ate a chocolate bar between 2001 and 2008, because, under the terms of the class action, unless you opted out, you were in. "The case includes anybody who has bought chocolate in Canada" from Feb. 1, 2001 to Dec. 31, 2008, said: Charles M. Wright, Esq. SISKINDS LLP 680 Waterloo Street P.O. Box 2520 London, Ontario N6A 3V8 CANADA Telephone: (519) 672-2121 one of the who are helping handle the class action. Mr. Wright said the class action alleges that Cadbury Adams Canada Inc., Mars Canada Inc., Hershey Canada Inc., Nestl� Canada Inc. and some related companies conspired to fix the prices of chocolate products, including Caramilk bars, Smarties, M&Ms and Oh Henry! bars, in Canada. It further alleges representatives of the companies held secret meetings to discuss prices and penalized stores that undercut the recommended retail prices by limiting the supply of goodies available to them. Just as important, Mr. Wright said, the company is providing the plaintiffs with valuable information that will help with the litigation against the other defendants in the case. No matter how much money the class action receives in settlements, the average chocolate muncher isn't going to see a dime. That's because the volume of purchases, even for big-box retailers, won't be enough to justify cutting individuals a cheque. For example, if you've been paying $1 for your favourite chocolate fix for years, your claim won't be for a buck each but the difference between what you paid and what you should have paid. That could be as low as a nickel per chocolate bar, Mr. Wright said. FRANKLIN ELECTRIC: Recalls 38,000 Submersible Pump Controllers -------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Franklin Electric Co., of Bluffton, Ind., announced a voluntary recall of about 38,000 Pumptec Electric Motor Controllers for Submersible Pump Systems. Consumers should stop using recalled products immediately unless otherwise instructed. The product label can lose adhesion, exposing the circuitry. This could pose a shock hazard to consumers. No incidents or njuries have been reported. This recall involves the Pumptec electronic motor controller for 115v/230v submersible motors rated 1/3 to 1 1/2 HP with model number 5800020600 and date codes of 06F45 through 09L45. The model number and date code can be found on the nameplate label located on the right-hand side of the enclosure. Pictures of the recalled product are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10145.html The recalled controllers were manufactured in the United States and sold at dealers nationwide from June 2006 through November 2009 for about $245. Consumers should not touch areas of the units that are exposed due to label curling or peeling, and should immediately contact their dealer for a free replacement cover. For additional information, contact Franklin Electric toll-free at (866) 841-6039 between 8:00 a.m. and 5:00 p.m., Eastern Time, daily or visit the firm's Web site at http://www.franklin-electric.com/ FRANSHAW INC: Recalls 2,400 Children's Hooded Jackets ----------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Franshaw Inc., of New York, N.Y., announced a voluntary recall of the about 2,400 Children's Hooded Jackets. Consumers should stop using recalled products immediately unless otherwise instructed. The jackets have drawstrings through the hood which can pose a strangulation hazard to young children. In February 1996 CPSC, issued guidelines to help prevent children from strangling or getting entangled in the neck and waist drawstrings in upper garments, such as jackets or sweatshirts. No incidents or injuries have been reported to date. This recall involves Blue Heart and Just a Girl brand children's sweatshirts. The Blue Heart sweatshirts are olive and pink, and have style number 48052. The Just a Girl sweatshirts were sold in light blue, and have style number 48052. RN 87888 is printed in the center of the back neck. The sweatshirts were sold in sizes 4 to 6X. Pictures of the recalled product are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10143.html The recalled garments were manufactured in China and sold exclusively at Burlington Coat Factory stores nationwide from September 2006 through September 2009 for about $10. Consumers should immediately remove the drawstrings from the jackets to eliminate the hazard or return the garment to Burlington Coat Factory or to Franshaw Inc. for a full refund. For additional information, contact Franshaw Inc. at (800) 477-3274 between 10:00 a.m. and 5:00 p.m., Eastern Time, Monday through Friday. GE INFRASTRUCTURE: Recalls 9,400 CO2 & Temperature Sensors ---------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with GE Infrastructure Sensing Inc., of Billerica, Mass., announced a voluntary recall of about 9,400 GE Telaire Airestat and Carrier Single Beam Carbon Dioxide (CO2) and Temperature Sensors. Consumers should stop using recalled products immediately unless otherwise instructed. The CO2 and temperature sensors can overheat, posing a fire hazard. GE has received three reports in which a cracked capacitor caused the product to overheat and smoke. No injuries have been reported. This recall involves GE Telaire Airestat CO2 and temperature sensors with model numbers T8010, T8010-C, T8011, T8011-C, T5010, T5010-C, T5011 and T5011-C and Carrier Single Beam CO2 and temperature sensors with model numbers 33ZCT55CO2 and 33ZCT56CO2. The sensors are sold for commercial use and are wall-mounted. The sensors have a Telaire, Carrier, or no logo in front of the unit. The model number is not found on the sensor. Determining if a sensor is included in this recall requires inspection of the internal components of the unit. Pictures of the recalled product are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10141.html The recalled sensors were manufactured in the United States and distributed by Carrier, Automated Components Incorporated (ACI), Devices Inc., Direct Digital Controls, Trane, Alps Control Inc., ATS Control Management Inc. and KMC Controls between November 2000 and March 2005 for between $150 and $200. The recalled sensor was distributed for use in commercial buildings. Building owners should immediately contact GE Infrastructure Sensing for instructions on how to determine if a sensor is included in this recall and if it can be used while awaiting a replacement sensor. Only authorized maintenance personnel should follow these instructions. Building owners with recalled sensors will receive a free replacement sensor. For additional information, contact GE Infrastructure Sensing toll-free at (877) 243-5086 between 8:00 a.m. and 5:00 p.m., Eastern Time, or visit the company's Web site at http://www.gesensing.com/ MBIA: Loses Motion to Dismiss Aurelius Capital & Fir Tree Lawsuit ----------------------------------------------------------------- Structured Credit Investor reports that the U.S. District Court has issued a decision denying MBIA's motion to dismiss a class action fraudulent conveyance lawsuit brought by Aurelius Capital and Fir Tree Capital. The March 13, 2009, edition of the Class Action Reporter covered the filing of Aurelius Capital Master, Ltd., et al., v. MBIA Inc., et al., Case No. 09-cv-02242 (S.D.N.Y.) (Kaplan, J.). Aurelius Capital and Fir Tree Capital are represented by: David W. Ichel, Esq. Barry Robert Ostrager, Esq. Patrick Timothy Shilling, Esq. SIMPSON THACHER & BARTLETT LLP 425 Lexington Avenue New York, NY 10017 Telephone: (212) 455-2000 MBIA is represented by: Lawrence A. Larose, Esq. Mark Louis Noferi, Esq. John M. Nonna, Esq. Jonathan Dick Siegfried, Esq. Wendy Ann Walker, Esq. DEWEY & LEBOEUF, L.L.P. 1301 Avenue of the Americas New York, NY 10019 Telephone: (212)-259-8682 PHILIP MORRIS: Appeal to ADESF's Right to Sue Pending in Brazil --------------------------------------------------------------- A constitutional appeal in a class-action lawsuit which names a subsidiary of Philip Morris International, Inc., as a defendant, remains pending in the Federal Supreme Court in Brazil, according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The suit is The Smoker Health Defense Association (ADESF) v. Souza Cruz, S.A. and Philip Morris Marketing, S.A. The complaint was filed in the Nineteenth Lower Civil Court of the Central Courts of the Judiciary District of Sao Paulo, Brazil, on July 25, 1995. The class-action complaint alleged personal injury in relation to smoking. The plaintiff, a consumer organization, is seeking damages for smokers and former smokers, as well as injunctive relief. In February 2004, the trial court found defendants liable without hearing evidence. The court did not assess moral or actual damages, which were to be assessed in a second phase of the case. The size of the class was not defined in the ruling. In April 2004, the court clarified its ruling, awarding "moral damages" of BRL1,000 (approximately $580) per smoker per full year of smoking plus interest at the rate of 1% per month, as of the date of the ruling. The court did not award actual damages, which were to be assessed in the second phase of the case. The size of the class still has not been estimated. Defendants appealed to the Sao Paulo Court of Appeals, and the case, including the execution of the judgment, was stayed pending appeal. In November 2008, the Sao Paulo Court of Appeals annulled the ruling finding that the trial court had inappropriately ruled without hearing evidence and returned the case to the trial court for further proceedings. In addition, the defendants have filed a constitutional appeal to the Federal Supreme Court on the basis that the consumer association did not have standing to bring the lawsuit. This appeal is still pending. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Sao Paolo Suit Remains Stayed Pending Appeal ----------------------------------------------------------- A class action against a subsidiary of Philip Morris International, Inc., remains pending in the State of Sao Paulo Court of Appeals, according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The suit was filed Aug. 6, 2007, and captioned Public Prosecutor of Sao Paulo v. Philip Morris Brasil Industria e Comercio Ltda, Civil Court of the City of Sao Paulo, Brazil. The class-action lawsuit generally alleging personal injury in relation to smoking. The plaintiff, the Public Prosecutor of the State of Sao Paulo, is seeking: (1) unspecified damages on behalf of all smokers nationwide, former smokers, and their relatives; (2) unspecified damages on behalf of people exposed to environmental tobacco smoke nationwide, and their relatives; and (3) reimbursement of the health care costs allegedly incurred for the treatment of tobacco-related diseases by all 26 States, approximately 5,000 Municipalities, and the Federal District. In an interim ruling issued in December 2007, the trial court limited the scope of this claim to the State of Sao Paulo only. The company's subsidiary was served with the claim in February 2008, and filed its answer to the complaint in March 2008. In December 2008, the trial court issued a decision declaring that it lacked jurisdiction and transferred the case to the Nineteenth Lower Civil Court in Sao Paulo where the suit The Smoker Health Defense Association (ADESF) v. Souza Cruz, S.A. And Philip Morris Marketing, S.A., is pending. The company's subsidiary appealed this decision to the State of Sao Paulo Court of Appeals, which subsequently declared the case stayed pending the outcome of the appeal. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Smokers' Complaint in Bulgaria Not Yet Served ------------------------------------------------------------ The subsidiaries of Philip Morris International, Inc., which were named as defendants in a purported class-action lawsuit in Bulgaria, entitled, Yochkolovski v. Sofia BT AD, et al., has not yet been served with the complaint. The class-action lawsuit was filed in the Sofia City Court, Bulgaria, on March 12, 2008. The plaintiff brought a collective claim on behalf of classes of smokers who were allegedly misled by tar and nicotine yields printed on packages and on behalf of a class of minors who were allegedly misled by marketing. Plaintiff seeks damages for economic loss, pain and suffering, medical treatment, and withdrawal from the market of all cigarettes that allegedly do not comply with tar and nicotine labeling requirements. The trial court dismissed the youth marketing claims. This decision has been affirmed on appeal. The trial court also ordered plaintiff to provide additional evidence in support of the remaining claims. The company's subsidiaries have not been served with the complaint. No further updates were reported in the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: September 2010 Trial Set in "Letourneau" Suit ------------------------------------------------------------ The Quebec Superior Court, Canada, has set September 2010 as the target trial date in the class-action suit styled Cecilia Letourneau v. Imperial Tobacco Ltd., Rothmans, Benson & Hedges Inc. and JTI Macdonald Corp., which names Philip Morris International, Inc.'s subsidiary as a defendant, according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The suit was filed in September 1998, against the company's subsidiary and two other Canadian manufacturers are defendants. The plaintiff, an individual smoker, is seeking compensatory and unspecified punitive damages for each member of the class who is deemed "addicted" to smoking. The class was certified in 2005. Defendants' motion to dismiss on statute-of-limitations grounds was denied on May 5, 2008. Discovery is ongoing. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Trial in Sante/Blais Suit Set for September 2010 --------------------------------------------------------------- The Quebec Superior Court, Canada, has set September 2010 as the target trial date in the class-action suit styled Conseil Quebecois Sur Le Tabac Et La Sante and Jean-Yves Blais v. Imperial Tobacco Ltd., Rothmans, Benson & Hedges Inc. and JTI Macdonald Corp., which names Philip Morris International, Inc.'s subsidiary as a defendant, according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The suit was filed in November 1998, against the company's subsidiary and two other Canadian manufacturers are defendants. The plaintiffs, an anti-smoking organization and an individual smoker, are seeking compensatory and unspecified punitive damages for each member of the class who suffers from certain smoking- related diseases. The class was certified in 2005. Discovery is ongoing. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Faces "Kunta" Suit in Winnipeg, Canada ----------------------------------------------------- Philip Morris International, Inc., faces a class action suit captioned Kunta v. Canadian Tobacco Manufacturers' Council, et al., filed in The Queen's Bench, Winnipeg, Canada, according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The suit was filed June 12, 2009, against the company, its subsidiaries, and the company's indemnitees, PM USA and Altria Group, Inc., and other members of the industry. The plaintiff, an individual smoker, alleges her own addiction to tobacco products and chronic obstructive pulmonary disease, severe asthma, and mild reversible lung disease resulting from the use of tobacco products. She is seeking compensatory and unspecified punitive damages on behalf of a proposed class comprised of all smokers, their estates, dependents and family members, as well as restitution of profits, and reimbursement of government health care costs allegedly caused by tobacco products. The companye, its subsidiaries, and its indemnitees have been served with the complaint. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Preliminary Motions in "Adams" Suit Pending ---------------------------------------------------------- Preliminary motions in the matter Adams v. Canadian Tobacco Manufacturers' Council, et al., is pending, according to Philip Morris International, Inc.'s Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The class action was filed in The Queen's Bench, Saskatchewan, Canada, on July 10, 2009, against the company, its subsidiaries, and the company's indemnitees, PM USA and Altria Group, Inc., and other members of the industry are defendants. The plaintiff, an individual smoker, alleges her own addiction to tobacco products and chronic obstructive pulmonary disease, resulting from the use of tobacco products. She is seeking compensatory and unspecified punitive damages on behalf of a proposed class comprised of all smokers who have smoked a minimum of 25,000 cigarettes and have suffered, or suffer, from chronic obstructive pulmonary disease, emphysema, heart disease, or cancer as well as restitution of profits. The company, its subsidiaries, and the company's indemnitees have been served with the complaint. Preliminary motions are pending. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Faces "Semple" COPD-Related Suit in Nova Scotia -------------------------------------------------------------- Philip Morris International, Inc., faces a class action suit captioned Semple v. Canadian Tobacco Manufacturers' Council, et al., filed in The Supreme Court (trial court), Nova Scotia, Canada, according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The class action was filed on June 18, 2009, against the company, its subsidiaries, and its indemnitees, PM USA and Altria Group, Inc., and other members of the industry are defendants. The plaintiff, an individual smoker, alleges his own addiction to tobacco products and chronic obstructive pulmonary disease (COPD) resulting from the use of tobacco products. He is seeking compensatory and unspecified punitive damages on behalf of a proposed class comprised of all smokers, their estates, dependents and family members, as well as restitution of profits, and reimbursement of government health care costs allegedly caused by tobacco products. The company, its subsidiaries, and its indemnitees have been served with the complaint. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Has Yet to Be Served "Dorion" Complaint ------------------------------------------------------ Philip Morris International, Inc., has yet to be served with the complaint captioned Dorion v. Canadian Tobacco Manufacturers' Council, et al., according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The class action was filed in The Queen's Bench, Alberta, Canada, on June 15, 2009, against the company, its subsidiaries, and its indemnitees (PM USA and Altria Group, Inc.), and other members of the industry are defendants. The plaintiff, an individual smoker, alleges her own addiction to tobacco products and chronic bronchitis and severe sinus infections resulting from the use of tobacco products. She is seeking compensatory and unspecified punitive damages on behalf of a proposed class comprised of all smokers, their estates, dependents and family members, restitution of profits, and reimbursement of government health care costs allegedly caused by tobacco products. As of Feb. 11, 2010, the company, its subsidiaries, and its indemnitees have not been properly served with the complaint. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Briefing on Class Certification to Finish in June ---------------------------------------------------------------- The parties' briefing on class certification in the matter El- Roy, et al. v. Philip Morris Incorporated, et al., is scheduled to be completed in June 2010, according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The suit was filed on Jan. 18, 2004, in the District Court of Tel-Aviv/Jaffa, Israel, against the company's subsidiary and its indemnitees, PM USA and its former importer Menache H. Eliachar Ltd. The plaintiffs filed a purported class action claiming that the class members were misled by the descriptor "lights" into believing that lights cigarettes are safer than full flavor cigarettes. The claim seeks recovery of the purchase price of lights cigarettes and compensation for distress for each class member. Hearings took place in November and December 2008 regarding whether the case meets the legal requirements necessary to allow it to proceed as a class action. The parties' briefing on class certification is scheduled to be completed in June 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: "Navon" Suit Remains Stayed in Israel ---------------------------------------------------- The class action suit Navon, et al. v. Philip Morris Products USA, et al., remains stayed, according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The suit was filed in the District Court of Tel-Aviv/Jaffa, Israel, on Dec. 5, 2004, against the company's indemnitee, its our distributor M.H. Eliashar Distribution Ltd., and other members of the industry. The plaintiffs in the purported class action claim that the class members were misled by the descriptor "lights" into believing that lights cigarettes are safer than full flavor cigarettes and seek recovery of the purchase price of lights cigarettes and compensation for distress for each class member. The case is currently stayed pending a ruling on class certification in the matter El-Roy, et al. v. Philip Morris Incorporated, et al. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Continues to Oppose Certification in "Numberg" ---------------------------------------------------------------- Philip Morris International, Inc., continues to oppose class certification in the matter Numberg, et al. v. Philip Morris Products S.A., et al., pending in the District Court of Tel Aviv/Jaffa, Israel, according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The class action was filed May 19, 2008, against the company's subsidiaries and its indemnitee, its distributor M.H. Eliashar Distribution Ltd., and other members of the industry are defendants. The plaintiffs filed a purported class action claiming that the class members were misled by pack colors, terms such as "slims" or "super slims" or "blue," and text describing tar and nicotine yields. Plaintiffs allege that these pack features misled consumers to believe that the cigarettes with those descriptors are safer than full flavor cigarettes. Plaintiffs seek recovery of the price of the brands at issue that were purchased from Dec. 31, 2004 to the date of filing of the claim. The Plaintiffs also seek compensation for mental anguish, punitive damages and injunctive relief. The company's subsidiaries and its indemnitee have been served with the claim. Defendants filed their oppositions to class certification in March 2009. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: No Trial Date Yet in Kansas Antitrust Lawsuit ------------------------------------------------------------ The District Court of Seward County, Kansas, has yet to se a trial date in the antitrust class action Smith v. Philip Morris Companies, Inc., et al., according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The suit was filed on Feb. 7, 200, against the company and other members of the industry are defendants. The plaintiff asserts that the defendant cigarette companies engaged in an international conspiracy to fix wholesale prices of cigarettes and sought certification of a class comprised of all persons in Kansas who were indirect purchasers of cigarettes from the defendants. The plaintiff claims unspecified economic damages resulting from the alleged price-fixing, trebling of those damages under the Kansas price-fixing statute and counsel fees. The trial court granted plaintiff's motion for class certification and refused to permit the defendants to appeal. The case is now in the discovery phase. No trial date has yet been set. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Faces Suit in Ontario Over Breach of Contract ------------------------------------------------------------ Philip Morris International, Inc., faces a putative class action in Ontario, Canada, alleging breach of contract, according to the company's Feb. 11, 2010, Form 8-K filing with the U.S. Securities and Exchange Commission. The suit, The Ontario Flue-Cured Tobacco Growers' Marketing Board, et al. v. Rothmans, Benson & Hedges Inc., was filed in the Superior Court of Justice, London, Ontario, on Nov. 5, 2009, against the company's subsidiary. Plaintiffs in this putative class action allege that the company's subsidiary breached contracts with the class members, the Ontario tobacco growers and their related associations, concerning the sale and purchase of flue-cured tobacco from Jan. 1, 1986 to Dec. 31, 1996. Plaintiffs allege that the company's subsidiary was required by the contracts to disclose to plaintiffs the quantity of tobacco included in cigarettes to be sold for duty free and export purposes, which it purchased at a lower price per pound than tobacco that was included in cigarettes to be sold in Canada, but failed to disclose that some of the cigarettes it designated as being for export and duty free purposes were ultimately sold in Canada. The company's subsidiary has been served, but there is currently no deadline to respond to the statement of claim. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PRUDENTIAL INSURANCE: E.D.N.Y. Suit Questions Disability Claims --------------------------------------------------------------- Attorneys Dell & Schaefer and lead trial attorney Gregory Dell, Esq., filed a nationwide class action lawsuit against Prudential Insurance Company of America, in the U.S. District Court for the Eastern District of New York. This lawsuit was filed to protect the potentially thousands of long-term disability claimants that filed a second/voluntary appeal after November 14, 2005, in which their second/voluntary appeal was denied by the same Prudential employee that denied the claimant's first appeal. Dell & Schaefer is seeking to stop Prudential from conducting unlawful voluntary appeal reviews which violate ERISA. Additionally, the class action seeks an order requiring Prudential to re-evaluate thousands of voluntary appeals which were denied by Prudential after November 14, 2005. The class is currently represented by four individuals that have each had their voluntary appeals denied by the same person that denied their first appeal. The Employee Retirement Income Security Act "ERISA" requires that the decision maker on a second appeal must be an independent person who was not involved with any previous denial of a disability claim. Unbeknownst to the Plaintiffs, Prudential had instituted an undisclosed cost-saving method of appeals review that blatantly violates federal ERISA law. "This process is manifestly unfair, and we contend, not legal," said attorney Gregory Dell. "The whole point of the ERISA- governed appeals process is to substantially reduce lawsuit expenses and create an environment where claim denials will be objectively evaluated. Prudential's actions are a breach of their fiduciary duty to all disability claimants," he said. "Through the nationwide representation of multiple claimants with Prudential long-term disability claim denials, our law firm obtained internal email communications which confirms Prudential's unilateral decision to cut administrative cost by not providing a `full and fair review' of all voluntary appeals," said Dell. The reassessment of denied claims could result in millions of dollars of past due benefits. Prudential is one of the country's largest group long-term disability insurers, with coverage in force for more than two million individuals. For additional information visit http://www.diAttorney.com/or http://www.PrudentialClassAction.com. About Attorneys Dell & Schaefer Since 1979, Attorneys Dell & Schaefer (diAttorney.com) has represented thousands of clients with their claims against insurance companies. The disability income division of Dell & Schaefer, led by Gregory Michael Dell, focuses exclusively on the representation of disability insurance claimants in both private policy and group disability (ERISA) claims. The firm represents individuals at all stages of a claim for disability income benefits, which includes the application for benefits process, denial of benefits, lawsuits to recover disability benefits and lump sum policy buyouts for individuals that are currently being paid disability income benefits. TELEVISION WRITERS: Notice of Proposed $70 Million Settlement ------------------------------------------------------------- If you are age 40 or over and wrote or were interested in writing for television, a proposed settlement may affect your rights. Seventeen television networks and studios and seven talent agencies have agreed, subject to Court approval, to settle age discrimination allegations in connection with the hiring and representation of television writers age 40 or over, in nineteen separate class action lawsuits, for a collective payment of $70,000,000. (Insurance carriers are paying approximately two- thirds of the settlement amount.) If you qualify, you may send in a claim form to get benefits and may comment on or object to the settlement. If you do not want to be part of the settlement, you can exclude yourself. WHO'S INCLUDED? The settlement defines two classes: (a) persons age 40 or over who have previously written for television, and (b) other persons age 40 or over who have been interested in writing for television. There are various qualifications and exclusions. If you believe that you may be a settlement class member, you can get more information, including a detailed notice, at the websites or telephone numbers below. WHAT'S THIS ABOUT? The separate lawsuits all claim that the networks, studios and talent agency discriminate on the basis of age in their employment and representation decisions. The defendants (including ABC, APA, Carsey-Werner, CBS, Columbia TriStar Television, Inc., DW SKG TV LLC, formerly known as DreamWorks SKG TV LLC, Fox, NBC Universal, Paradigm, Shapiro-Lichtman, Sony Pictures Television Inc., Spelling Television, The Gersh Agency, The Endeavor Agency, The WB Television Network, Touchstone Television, TriStar Television, Inc., Twentieth Century Fox, UPN, UTA, Warner Bros. Television, William Morris Agency, and William Morris Endeavor Entertainment LLC) deny that they discriminate, but believe it makes sense to end the litigation, which has been pending since 2000. The Court did not decide which side was right. WHAT DOES THE SETTLEMENT PROVIDE? Of the $70 million settlement, the lawyers representing Plaintiffs and the Settlement Class ("Class Counsel") estimate that about $43 million will be used to pay awards to Settlement Class Members, pay taxes on those awards, fund activities beneficial to the Settlement Class Members, and fund certain reserves required under the Settlement. One-third of the Settlement will be used to pay Class Counsel's court-approved contingent fee award. The remaining 6.7% will be used to pay and reimburse expenses related to litigation of the claims and notice and administration of this Settlement. Part of that expense portion will be contributed to fund programs for Settlement Class Members. The share of the fund that each eligible claimant receives will be based on a formula that, once devised, will be submitted to the Court for approval. It will consider many factors, including your income from and qualifications for television writing. HOW DO YOU ASK FOR A PAYMENT? To qualify for a payment, you must submit a claim form. Call or visit a website below to get one. Claim forms are due by April 13, 2010. WHAT ARE YOUR OTHER OPTIONS? If you stay in the class, you may comment on the settlement by April 14, 2010. To preserve your right to sue any of the defendants yourself for past alleged age discrimination, you must exclude yourself by April 8, 2010. If you exclude yourself, you can't get money from the settlement. The detailed notice explains how to exclude yourself or comment. If you do nothing, you will not receive a payment, but you will still give up any right you may have to sue defendants or their affiliates and certain others about alleged age discrimination that occurred prior to January 22, 2010. The Court will hold a hearing in these cases, which is currently scheduled for May 5, 2010, (but which may be rescheduled) to consider whether to finally approve the settlement and the request for attorneys' fees and costs. You may ask to speak at the hearing. CAN I CONSULT WITH CLASS COUNSEL? Yes. To consult with Class Counsel (led by Paul Sprenger of Washington DC), at no charge, contact them at the number or website below, or email them at questions@TVWritersCounsel.com All communications with Class Counsel are confidential and privileged. Garden City Group, Inc., is the Claims Administrator, maintains a Web site at http://www.TVWritersSettlementAdmin.com/under an agreement with Class Counsel and has set-up an information hotline at 1-888-730-7198. Class Counsel maintains a Web site at http://www.TVWritersCounsel.com/providing additional information, and Class Counsel can be reached at 1-877-518-7090. TELLABS INC: Class Action Notice Being Mailed to Known Plaintiffs ----------------------------------------------------------------- UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS Eastern Division Makor Issues & Rights, Ltd., ) et al., ) ) v. ) Case No. 02-C-4356 ) Tellabs, Inc., et al., ) Summary Notice of Pendency of Class Action To: All persons who purchased the common stock of Tellabs, Inc. during the period from December 11, 2000 through June 19, 2001, inclusive (the "Class"). YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the Court, that the above- captioned action has been certified as a class action. IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED BY THIS ACTION. A full printed Notice of Pendency of Class Action is currently being mailed to known Class Members. If you have not yet received the full printed Notice, you may obtain copies of this document by contacting: Tellabs Securities Litigation c/o Analytics Incorporated Notice Administrator P.O. Box 2004 Chanhassen, MN 55317-2004 Telephone: (866) 535-1626 http://www.tellabssecuritieslitigation.com/ Inquiries, other than requests for the Notice, may be made to Plaintiffs' Lead Counsel: Richard H. Weiss, Esq. MILBERG LLP One Penn Plaza New York, NY 10119-0165 Telephone: (212) 594-5300 If you are a Class Member, you have the right to decide whether to remain a member of the Class. If you choose to remain a Class Member, you need do nothing at this time. You will automatically be included in the Class. If you are a Class Member and do not exclude yourself from the Class, you will be bound by the proceedings in this Action, including any orders or judgments of the Court, whether favorable or unfavorable, past, present, or future. If you ask to be excluded from the Class, you will not be bound by any order or judgment of this Court, and you will not be entitled to a share of any money which may be recovered for the benefit of the Class. To exclude yourself from the Class, you must submit a written request for exclusion postmarked no later than May 10, 2010. Further information concerning requests for exclusion can be found in the full printed Notice. Further information may be obtained by directing your inquiry in writing to the Notice Administrator. By Order of the United States District Court for the Northern District of Illinois THIN CARE: Jillian Michaels Sues Plaintiff's Lawyer --------------------------------------------------- As reported in the Feb. 12, 2010, edition of the Class Action Reporter, a plaintiff filed a class action lawsuit in California against Jillian Michaels, Thin Care International and Basic Research, accusing them of false advertising of a weight loss product. Jillian Michaels, in turn, took the proverbial pig by the snout, TMZ reports, by filing her own lawsuit in what has become a bitter battle over Maximum Strength Calorie Control. Ms. Michaels has filed a defamation lawsuit against a lawyer for comments the attorney made to TMZ. The attorney, Melissa Harnett, filed a class action lawsuit on behalf of some women who claim Calorie Control -- the product for which Michaels is the spokesperson -- is bogus and doesn't make you lose weight. TMZ spoke with Melissa Harnett, Esq., at Wasserman, Comden & Casselman LLP after the class action suit was filed and the attorney told TMZ, "Telling people you take two magic pills and then eat chocolate cake all day is a deception." In her defamation lawsuit, Ms. Michaels claims the Calorie Control people never claimed the product was a chocolate cake buster. Ms. Michaels is suing for unspecified damages. UNITED STATES: $1.25 Billion Settlement Inked in Pigford Case ------------------------------------------------------------- LawyersAndSettlements.com reports that A long-standing class action between Black farmers and the US government reached a $1.25 billion settlement agreement Thursday, making history. The Pigford lawsuit was filed in 1997 and alleged that the African American farmers were deliberately excluded from government programs because of racism and treated unfairly with respect to lending practices between 1987 and 1997. Of the $1.25 billion offered by the government, $100 million was appropriated by Congress in a bill in 2008. The remaining $1.15 billion is now pending congressional approval as part of an Obama request in the 2010 budget. Previous coverage of Pigford, et al. v. Vilsack, Case No. 97-cv- 01978 (D.C.) (Friedman, J.), and Brewington, et al. v. Vilsack, Case No. 98-cv-01693 (D.C.) (Friedman, J.), appeared in the Class Action Reporter on Feb. 10, 2010. WEEPLAY KIDS: Recalls 11,800 Hooded Sweatshirts with Drawstrings ---------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Weeplay Kids LLC, of New York, N.Y., announced a voluntary recall of about 11,800 Hooded Sweatshirts with Drawstrings. Consumers should stop using recalled products immediately unless otherwise instructed. The sweatshirts have drawstrings through the hood which poses a strangulation hazard to children. In February 1996, CPSC issued guidelines (which were incorporated into an industry voluntary standard in 1997) to help prevent children from strangling or getting entangled in the neck and waist drawstrings in upper garments, such as jackets or sweatshirts. No incidents or injuries have been reported. This recall involves girl's sweatshirts sold under the Candy Queen and Akademiks brand names. Sweatshirts included in this recall have style numbers Q37519, A22090, A393343-3, A79405-226 and A79462-1. The sweatshirts were sold in sizes 2T through 16. Pictures of the recalled product are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10142.html The recalled garments were manufactured in China and Pakistan and sold at small retail stores nationwide from February 2008 through November 2008 for between $5 and $22. Consumers should immediately remove the drawstrings to eliminate the hazard. Consumers can return the garment to Weeplay Kids or the place of purchase for a full refund. For additional information, contact Weeplay Kids at (800) 505-0490 between 9:00 a.m. and 5:00 p.m. Monday through Friday, or visit the firm's Web site at http://www.weeplaykids.com/ ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Gracele D. Canilao, Leah Felisilda and Peter A. Chapman, Editors. Copyright 2010. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Christopher Beard at 240/629-3300. * * * End of Transmission * * *