/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/100505.mbx C L A S S A C T I O N R E P O R T E R Wednesday, May 5, 2010, Vol. 12, No. 87 Headlines ADVANTAGE SALES: Violations of Fair Labor Standards Act Alleged CALIFORNIA TANNING: Accused of Not Paying for All Hours Worked COMARCO INC: Recalls 507,000 Targus Universal Wall Power Adapters COOPER LIGHTING: Recalls 5,000 Chain Sets for Megalux Lights DIRECTV HOME: Labor Code Violations Alleged ENTERPRISE RENT-A-CAR: Sold Cars Without Air Bags, Suit Claims ERNST & YOUNG: Sued for Wrongful Termination; Age Discrimination FOREVER 21: Charged With Failing to Pay Minimum Wage GAP INC: Recalls 6,980 Baby Swimsuits GOLDMAN SACHS: Wolf Popper Files Optionholder Suit in S.D.N.Y. LEGACY INC: Breach of Housing Contract; Sexual Harassment Alleged RUE21 INC: Accused of Failure to Pay Minimum Wage SGB CORPORATION: Violation of Illinois Interest Act Alleged SONY COMPUTER: 2nd "Removal of OS Option" in PS3 Suit Filed SONY CORP: Fourteenth Optical Disc Drive Price-Fixing Suit Filed SPORTIME: Recalls 1,000 TechnoSkin Foam Balls & Soccer TATA CONSULTANCY: Charged With Failing to Pay Overtime Wages TOYOTA MOTOR: State Court Suits May Pave Way for MDL Proceeding WAWANESA GENERAL: Breach of Insurance Contract Alleged WELLS FARGO: Accused of Misusing Federal TARP Funds WORLD GYM: Violations of Illinois Physical Fitness Services Act * Claim Administrator Kurtzman Carson Acquires Rosenthal & Co. ********* ADVANTAGE SALES: Violations of Fair Labor Standards Act Alleged --------------------------------------------------------------- Isaac Melville, Harold Mansfield, and Peter Mattaroo, on behalf of themselves and others similarly situated v. Advantage Sales & Marketing, LLC, Case No. 2010-00365462 (Calif. Super. Ct., Orange Cty. Apr. 22, 2010), accuses the sales and marketing agency of failing to compensate its employees for all hours worked, including site travel wage and overtime compensation, deducting wages for breaks for less than thirty minutes, failing to maintain adequate records, depriving its employees compensation for time spent traveling to and from out of town meetings, and intentionally failing to pay overtime compensation in the payroll period in which the work was performed, in violation of the Fair Labor Standards Act. The Plaintiffs are all former employees of Advantage, who worked as retail merchandisers in the various trade channel locations operated by Advantage, and who were also required to travel to specific chain stores in the U.S. and its territories. The Plaintiffs are represented by: Douglas N. Silversten, Esq. Lauren J. Morrison, Esq. KESLUK & SILVERSTEIN, P.C. 9255 Sunset Blvd., Suite 411 Los Angeles, CA 90069-3309 Telephone: (310) 273-3180 E-mail: dsilverstein@californialaborlawattorney.com lmorrison@californialaborlawattorney.com CALIFORNIA TANNING: Accused of Not Paying for All Hours Worked -------------------------------------------------------------- George Cousineau, on behalf of himself and others similarly situated v. California Tanning Salons, Inc., Case No. BC436669 (Calif. Super. Ct., Los Angeles Cty. Apr. 28, 2010), accuses the tanning salon company of failing to compensate workers for all hours worked and failing to provide meal breaks, in violation of applicable Industrial Welfare Commission wage orders, the California Labor Code, and the California Business and Professions Code. Mr. Cousineau was employed as a customer service employee from August 2009 to April 2010. The Plaintiff is represented by: Miklos Varga, Esq. LAW OFFICE OF MIKLOS VARGA 15030 Ventura Blvd., Suite 600 Sherman Oaks, CA 91403 Telephone: (818) 542-6531 E-mail: Vargalaw@earthlink.net COMARCO INC: Recalls 507,000 Targus Universal Wall Power Adapters ----------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Comarco Inc. of, Lake Forest, Calif., announced a voluntary recall of about t 507,000 Targus Universal Wall Power Adapters for Laptops. Faulty wiring can cause the connector tips to heat and melt the plastic encasing the connector tips, posing a burn hazard to consumers. The firm has received 518 incidents of the connector tips heating, 53 of which resulted in the melting of the plastic casings. Eight consumers have reported a finger tip or hand burn. No reports of medical attention were received. This recall involves the Targus Universal Wall Power Adapters for Laptops. Only models with the following SKU numbers are affected by this recall: APA23US-02, APA23US-03, APA23US-04, APA63US-03, APA63US-04, APM62US-03 and APM62US-04. The SKU number can be found on the underside of the adapter unit. Pictures of the recalled products are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10214.html The recalled products were manufactured in China and sold through WalMart, Best Buy, Office Depot, Staples, Amazon.com and other retailers nationwide from June 2009 through March 2010 for between $89 and 109 for adapters for wall outlets only and for between $129 and $149 for adapters for both wall outlets and car/airplane use. Consumers should immediately stop using the recalled adapter and contact Comarco to receive instructions on returning the unit for a free refurbished replacement. For additional information, contact Comarco toll-free at (877) 781-5186 between 7:00 a.m. and 6:00 p.m., Central Time, Monday through Friday or visit the firm's Web site at http://www.regcen.com/comarcorecall/ COOPER LIGHTING: Recalls 5,000 Chain Sets for Megalux Lights ------------------------------------------------------------ The U.S. Consumer Product Safety Commission, in cooperation with Cooper Lighting LLC, of Peachtree City, Ga., announced a voluntary recall of about 5,000 Chain sets sold with Metalux light fixtures. An "S" hook on the chain connecting the fixture to the ceiling can straighten when subjected to high impact forces, resulting in the light fixture falling. This poses an injury hazard to consumers. The firm has received three reports of light fixtures having one chain detached or the fixture falling. No injuries have been reported. This recall involves the AYC or HBAYC model chain set for use in a gymnasium or similar recreational facility with one of the following Metalux commercial light fixtures: F-Bay HB/2HB; F-Bay 2HBHD; F-Bay HBE; F-Bay HBHT; F-Bay HBI; F-Bay HBL; F-Bay 2HE Series 2HE; Arctic Bay AB; or Arctic Bay ABI. Pictures of the recalled products are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10213.html The recalled products were manufactured in United States and sold through authorized distributors nationwide from May 2006 through March 2010 for between $1.50 and $3. Consumers should contact Cooper Lighting immediately for free replacement "S" hooks for all fixtures located within gymnasiums and similar recreational facilities. Maintenance personnel in these facilities should inspect the fixtures immediately and take down any units with straightened "S" hooks. For additional information, contact Cooper Lighting at (800) 954-7228 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.metalux-lighting.com/ DIRECTV HOME: Labor Code Violations Alleged ------------------------------------------- Derek Denbesten, on behalf of himself and others similarly situated v. DirecTV Home Services, Inc., et al., Case No. BC436647 (Calif. Super. Ct., Los Angeles Cty. Apr. 27, 2010), accuses the satellite service provider of failing to pay the minimum wage, failing to pay overtime wages, not reimbursing employees for business expenses incurred, and engaging in unlawful and unfair business practices. Mr. Denbesten worked as an installer for the Defendants in 2007 and 2008. The Plaintiff is represented by: Timothy J. Donahue, Esq. LAW OFFICES OF TIMOTHY J. DONAHUE 374 South Glassell St. Orange, CA 92866 Telephone: (714) 289-2445 ENTERPRISE RENT-A-CAR: Sold Cars Without Air Bags, Suit Claims -------------------------------------------------------------- Joe Harris at Courthouse News Service reports that a class action claims Enterprise Rent-A-Car resold more than 125,000 vehicles without the advertised side-impact air bags. "Defendant is General Motors largest fleet purchaser," according to the complaint in St. Louis County Court. Named plaintiffs Timothy Withrow and David Tucker say Enterprise ordered the vehicles without the side air bags, which are standard features in those models. The vehicles include 2006, 2007, 2008 Chevy Impalas; 2008, 2009 Chevy Cobalts; 2009 Chevy Heritage High Roof (HHR); and the 2006 and 2007 Buick LaCrosse, according to the complaint. "Defendant ordered the vehicle from General Motors requesting that the standard safety equipment of front and rear side curtain airbags be deleted," the complaint states. "General Motors manufactured and sold the vehicles as fleet vehicles to Enterprise." The plaintiffs claim Enterprise marketed the vehicles as having side air bags. They say a salvaged 2007 Impala sold to Enterprise had corrugated plastic where the side air bag should have been. The class consists of all people who bought vehicles that were the appropriate make, year and model from Enterprise that did not have the standard side air bags. Automobile dealers, wholesaler or auctioneers are not included in the class. The class seeks damages for violations of the Merchandising Practices Act. A copy of the Complaint in Withrow, et al. v. Enterprise Holdings, Inc., et al., Case No. 10SLCC01712 (Mo. Cir. Ct., St. Louis Cty.), is available at: http://www.courthousenews.com/2010/04/30/Enterprise.pdf The Plaintiffs are represented by: Fernando Bermudez, Esq. GREEN JACOBSON, PC 7733 Forsyth Blvd. St. Louis, MO 63108 Telephone: 314-862-6800 E-mail: bermudez@stlouislaw.com - and - Patrick M. Ardis, Esq. WOLFF ARDIS P.C. 5810 Shelby Oaks Dr. Memphis, TN 38134 Telephone: 901-763-3336 - and - Anthony J. Majestro, Esq. POWELL & MAJESTRO, PLLC 405 Capitol St., Suite P-1200 Charleston, WV 25301 Telephone: 304-346-2889 - and - Timothy C. Bailey, Esq. BUCCI, BAILEY & JAVINS, L.C. P.O. Box 3712 Charleston, WV 25337 Telephone: 304-345-0346 ERNST & YOUNG: Sued for Wrongful Termination; Age Discrimination ---------------------------------------------------------------- Yunjung Gribben, on behalf of herself and others similarly situated v. Ernst & Young LLP, et al., Case No. 2010-00366679 (Calif. Super. Ct., Orange Cty. Apr. 27, 2010), asserts violations of Sec. 17200 of the California Bus. & Prof. Code. Ms. Gribben also asserts, for herself alone, wrongful termination, age discrimination, and breach of employment agreement. Ms. Gribben demands that the accounting firm reemploy her at its Irvine offices and that E&Y sever the vague and ambiguous "conditions precedent" from E&Y's standardized offers of employment. On behalf of the class members, Ms. Gribben says that E&Y engaged in unfair and deceptive business practices by making prospective student-applicants sign one-sided offers of employment that locked them into future employment with the accounting firm yet provided E&Y the flexibility to cancel or revoke their offers of employment. Ms. Gribben believes that her employment with Ernst & Young was for at least one year based on oral assurances of management, and that she could not be terminated except for cause and carried out only in accordance with stated oral and written policies of E&Y. But on October 31, 2008, E&Y informed her that her employment with the Company had been terminated as her position had been eliminated, which went against public policy and discriminated against her age (she was 43 when terminated), and based on deceptive language used by E&Y in her offer of employment. The Plaintiff is represented by: Dale M. Fiola, Esq. 200 North Harbor Blvd., Suite 217 Anaheim, CA 92805 Telephone: (714) 635-7888 FOREVER 21: Charged With Failing to Pay Minimum Wage ---------------------------------------------------- Beatriz Mejia, Sandra Soraida Perez, Mario Carmona, and Nancy Perez, on behalf of themselves and others similarly situated v. Forever 21, Inc., et al., Case No. BC436575 (Calif. Super. Ct., Los Angeles Cty. Apr. 27, 2010), accuses the apparel retail store owner and its co-Defendants of failing to: (i) pay the minimum wage, (ii) pay overtime wages, (iii) provide meal and rest periods, (iv) furnish accurate wage statements, (v) pay all wages earned on regular paydays, (vi) pay earned wages upon termination or discharge, and (vii) unfair competition in violation of the Business & Professions Code Sec. 17200. The plaintiffs were formerly employed as full time garment workers at sewing factories owned by the Defendants. The Plaintiffs are represented by: Ronald W. Makaren, Esq. Marni B. Folinsky, Esq. MAKAREM & ASSOCIATES, APLC 11601 Wilshire Blvd., Suite 2440 Los Angeles, CA 90025-1760 Telephone: (310) 312-0299 E-mail: makarem@law-rm.com folinsky@law-rm.com - and - Michael H. Kim, Esq. MICHAEL H. KIM, P.C. 3699 Wilshire Blvd., Suite 860 Los Angeles, CA 90010 Telephone: (213) 639-2900 E-mail: mkim@mhklawyers.com GAP INC: Recalls 6,980 Baby Swimsuits ------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Gap Inc., of San Francisco, Calif., announced a voluntary recall of about 6,500 Baby swimsuits in the United States and 480 in Canada. Consumers should stop using recalled products immediately unless otherwise instructed. The swimsuits have halter straps that were manufactured too short causing the plastic ring located at the neck of the swimsuit to press against the child's throat and obstruct the airway. This poses a strangulation hazard to the child. The firm has received two consumer complaints. No injuries have been reported. This recall involves baby swimsuits sold in two styles: number 706260 is blue and white and number 700452 are red and white. The style number can be found on the label located on the swimsuit. Both swimsuits were sold in infant sizes up to 24 months and are made of a synthetic knit stretch fabric of polyester and spandex. The straps are made of the same material as the body. Pictures of the recalled products are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10215.html The recalled products were manufactured in Indonesia and China and sold through the babyGap, GapKids, Gap, Gap Outlet stores nationwide and online at http://www.gap.com/from February 2010 through April 2010 for between $17 and $20. Consumers should immediately take the recalled swimsuits away from children and return them to the place of purchase for a full refund. Contact Gap to return by mail if purchased online. For additional information, contact Gap toll-free at (888) 747-3704 between 9:00 a.m. and 9:00 p.m., Eastern Time, Monday through Friday, and Saturday between 12:00 p.m. and 7:00 p.m., visit the firm's website at http://www.gap.com/or email Gap at custserv@gap.com GOLDMAN SACHS: Wolf Popper Files Optionholder Suit in S.D.N.Y. -------------------------------------------------------------- Wolf Popper LLP has filed a class action lawsuit against Goldman Sachs Group, Inc. and certain of its senior officers in the U.S. District Court for the Southern District of New York on behalf of investors who purchased Goldman securities between August 5, 2009, and April 16, 2010. The Complaint includes claims on behalf of those investors who purchased call options or sold put options, or who acquired Goldman common stock pursuant to option trades. The case has been assigned Civil Action No. 10-3595. In 2008, the SEC began investigating Goldman for its role in a synthetic mortgage-based securities transaction, called "Abacus." In Abacus, Goldman partnered with a hedge fund that wanted to short mortgage-related securities. Goldman structured a transaction where the hedge fund participated in selecting the mortgage products that Abacus's performance was based on, knowing the hedge fund would be "short" Abacus and was motivated to include the mortgage products it believed would perform most poorly. Goldman then sold Abacus without disclosing the hedge fund's role to investors. The following year, the SEC issued a Wells Notice indicating its intention to recommend that formal charges be filed against Goldman in connection with the Abacus transaction. This information was not disclosed to shareholders, who were consistently told instead that Goldman was committed to serving the interests of its clients and the importance of Goldman's reputation as a client-focused firm. On April 16, 2010, the market learned about Goldman's misconduct in the Abacus transaction when the SEC filed a civil fraud suit. Upon learning of this news, Goldman stock immediately plummeted nearly 13%, declining from its April 15, 2010 closing price of $184.27 per share, to close at $160.70 per share on April 16, 2010. Goldman common stock fell an additional $15.04 on April 30, 2010 in response to investor concerns about the potential criminality of Goldman's misconduct. If you wish to serve as lead plaintiff, you must move the Court no later than June 25, 2010. Investors in Goldman securities are urged to speak with: Robert Plosky, Esq. WOLF POPPER LLP 845 Third Avenue New York, New York 10022 Telephone: 877.370.7703 E-mail: irrep@wolfpopper.com LEGACY INC: Breach of Housing Contract; Sexual Harassment Alleged ----------------------------------------------------------------- Brigitte Bedi, on behalf of herself and others similarly situated v. The Legacy at Westwood, et al., Case No. BC436586 (Calif. Super. Ct., Los Angeles Cty. Apr. 26, 2010), accuses the apartment complex owner of failing to provide proper security and valet services, and failing to keep the complex in proper working order; discrimination, retaliation and sexual harassment in the work place; and breach of contract of employment. Ms. Bedi says that in 2003 she and her two young daughters became tenants at an apartment complex located at 10833 Wilshire Blvd., in Los Angeles, which is owned and operated by Legacy, and that afterwards she was employed by Legacy to teach Yoga classes at the apartment complex. Ms. Bedi says that within one year of her filing of a complaint with the Department of Fair Housing, she experienced unwanted and unwelcome sexual advances from her supervisor who is a manager and director of Legacy. Ms. Bedi alleges that she reported these sexual advances to her supervisor's supervisor, who failed to investigate. Ms. Bedi adds that in retaliation for her opposition and objection to its illegal practices, Legacy attempted to evict her, claiming she had not paid her rental when in fact, she had paid by check, but the check was not negotiated. The eviction lawsuit went to trial, and the Court ruled in her favor. Ms. Bedi says these illegal practices also included making her work without compensation, not providing her breaks, not providing appropriate sick or vacation leaves, and other wage and hour and other labor code violations. The Plaintiff is represented by: Steven L. Zelig, Esq. BRENTWOOD LEGAL SERVICES, LLP 11661 San Vicente Blvd., Suite 1015 Los Angeles, CA 90049 Telephone: (310) 442-6042 RUE21 INC: Accused of Failure to Pay Minimum Wage ------------------------------------------------- Beatriz Mejia and Marta Ruiz, on behalf of themselves and others similarly situated v. Rue21, Inc., et al., Case No. BC436574 (Calif. Super. Ct., Los Angeles Cty. Apr. 27, 2010), accuses the specialty discount retailer of casual apparel and its co- Defendants of failure to: (i) pay the minimum wage, (ii) pay overtime wages, (iii) provide meal and rest periods, (iv) furnish accurate wage statements, (v) pay all wages earned on regular paydays, (vi) pay earned wages upon termination or discharge, and (vii) unfair competition in violation of the Business & Professions Code Sec. 17200. The Plaintiffs currently work as full-time garment workers at sewing factories in Los Angeles owned by the Defendants. The Plaintiffs are represented by: Ronald W. Makaren, Esq. Marni B. Folinsky, Esq. MAKAREM & ASSOCIATES, APLC 11601 Wilshire Blvd., Suite 2440 Los Angeles, CA 90025-1760 Telephone: (310) 312-0299 E-mail: makarem@law-rm.com folinsky@law-rm.com - and - Michael H. Kim, Esq. MICHAEL H. KIM, P.C. 3699 Wilshire Blvd., Suite 860 Los Angeles, CA 90010 Telephone: (213) 639-2900 E-mail: mkim@mhklawyers.com SGB CORPORATION: Violation of Illinois Interest Act Alleged ----------------------------------------------------------- Brian Urbanowski, individually and on behalf of others similarly situated v. SGB Corporation, Case No. 2010-CH-18158 (Ill. Cir. Ct. Apr. 27, 2010), asserts violations of the Illinois Interest Act, the Illinois Promissory Note and Bank Holiday Act, the Illinois Consumer Fraud and Deceptive Business Practices Act, and Illinois common law. Mr. Urbanowski says the mortgage lending company charged interest rates exceeding the amount he would have paid if the interest had been calculated at the "per annum" basis, which is defined as a calendar year of 12 months under Illinois law. Specifically, Mr. Urbanowski alleges that SGB charged him 1.4% more than it should have. The Plaintiff is represented by: Daniel M. Starr, Esq. Michael J. Zink, Esq. STARR & ROWELLS 35 East Wacker Drive, Suite 1870 Chicago, IL 60601 Telephone: (312) 346-9420 SONY COMPUTER: 2nd "Removal of OS Option" in PS3 Suit Filed ---------------------------------------------------------- Jason Baker, Sean Bosquett, Frank Bachman, Paul Graham, and Paul Vannatta, individually and on behalf of others similarly situated v. Sony Computer Entertainment, LLC, Case No. 10-cv-01897 (N.D. Calif. Apr. 30, 2010), accuses the Sony Computer Entertainment, Inc. (Japan) subsidiary and successor to Sony Computer Entertainment America, Inc., of intentionaly disabling valuable functions of its PlayStation video game console ("PS3"), including the "Install Other Other OS" option, for which purchasers paid a "fat" price over other gaming consoles, in breach of its contract with its PS3 customers, and in violation of the California Consumers Legal Remedies Act and Unfair Competition Law. On April 1, 2010, Sony announced that it was removing the "Other OS" capability of the original PS3s with its Firmware 3.21, a new system software update for the PS3 system, allegedly due to "security concerns". Sony claims that disabling the "Other OS" feature will help ensure that "PS3 owners will continue to have access to the broad range of gaming and entertainment from SCE and its content partners on a more secure system." The lawsuit claims that PS3 owners who decide to keep their other operating system and home computer feature but opt against the purchase of the Firmware 3.21, won't be able to play new games, upcoming Blu- rays, and access PlayStation Network games. The Plaintiffs are represented by: Charles S. Bishop, Esq. CONNOR & BISHOP 44 Montgomery St., Suite 1750 San Francisco, CA 94104 Telephone: (415) 434-3006 E-mail: cbishop@connbish.com Coverage of Kennedy v. Sony Computer Entertainment America Inc., Case No. 10-cv-01811 (N.D. Calif.), appeared in the Class Action Reporter on Mon., May 3, 2010. SONY CORP: Fourteenth Optical Disc Drive Price-Fixing Suit Filed ---------------------------------------------------------------- Gregory Sinigiani, on behalf of himself and others similarly situated v. Sony Corporation, et al., Case No. 10-cv-01847 (N.D. Calif. Apr. 29, 2010), accuses the multinational conglomerate of conspiring to fix the price of optical disc drive products sold in the United States, resulting to inflated prices for optical disc drive products in the market, in violation of state antitrust and consumer protection laws. The Plaintiff is represented by: Mario N. Alioto, Esq. Lauren C. Russell, Esq. TRUMP, ALIOTO, TRUMP & PRESCOTT, LLP 2280 Union St. San Francisco, CA 94123 Telephone: (415) 563-7200 E-mail: malioto@tatp.com laurenrussell@tatp.com - and - Joseph M. Patane, Esq. LAW OFFICES OF JOSEPH M. PATANE 2280 Union St. San Francisco, CA 94123 Telephone: (415) 563-7200 E-mail: jpatane@tatp.com - and - Lawrence G. Papale, Esq. LAW OFFICES OF LAWRENCE G. PAPALE 1308 Main St., Suite 117 St. Helena, CA 94574 Telephone: (707) 963-1704 E-mail: lgpapale@papalelaw.com - and - Sherman Kassof, Esq. LAW OFFICES OF SHERMAN KASSOF 954 Risa Road, Suite B Lafayette, CA 94549 Telephone: (510) 652-2554 E-mail: heevay@att.net - and - Robert G. Methvin, Jr., Esq. Philip W. McCallum, Esq. James Terrell, Esq. McCALLUM, METHVIN & TERRELL, P.C. 2201 Arlington Avenue South Birmingham, AL 35305 Telephone: (205) 939-0199 E-mail: Rgm@mmlaw.net pwm@mmlaw.net rem@mmlaw.net - and - Shawn A. Taylor, Esq. SHAWN TAYLOR PLLC 120 Capitol Street P.O. Box 2132 Charleston, WV 25328 Telephone: (304) 345-5959 E-mail: shawn@taylorlawfirm.net - and - Jeff Crabtree, Esq. LAW OFFICES OF JEFF CRABTREE 820 Mililani St., Suite 701 Honolulu, HI 96813 Telephone: (808) 536-6260 E-mail: lawyer@consumerlaw.com Coverage of Slavin v. Sony Optiarc, Inc., et al., Case No. 10-cv-01291 (N.D. Calif.), appeared in the Class Action Reporter on Mon., Apr. 5, 2010; coverage of Herman v. Sony Corporation, et al., Case No. 10-cv-01362 (N.D. Calif.), appeared in the Class Action Reporter on Tues., Apr. 6, 2010; coverage of Bay Area Systems, LLC v. Sony Corporation, et al., Case No. 10-cv-01403 (N.D. Calif.), appeared in the Class Action Reporter on Thurs., Apr. 8, 2010; coverage of Carney v. Sony Corporation, et al., Case No. 10-cv-01406 (N.D. Calif.), appeared in the Class Action Reporter on Fri., Apr. 10, 2010; coverage of Tabatabai v. Sony Corporation, et al., Case No. 10-cv-01450 (N.D. Calif.), appeared in the Class Action Reporter on Mon., Apr. 12, 2010; coverage of Wagner v. Sony Optiarc, Inc., et al., Case No. 10-cv-01451 (N.D. Calif.), appeared in the Class Action Reporter on Mon., Apr. 12, 2010; coverage of Berezin v. Hitachi, Ltd., et al., Case No. 10-cv-01533 (N.D. Calif.), appeared in the Class Action Reporter on Wed., Apr. 14, 2010, coverage of Friedson v. Sony Corporation, et al., Case No. 10-cv-01574 (N.D. Calif.), appeared in the Class Action Reporter on Mon., Apr. 19, 2010; coverage of The Stereo Shop v. Samsung Storage Technology Corp., et al., Case No. 10-cv-01603 (N.D. Calif.), appeared in the Class Action Reporter on Mon., Apr. 20, 2010; coverage of Garland v. Sony Optiarc, Inc., et al., Case No. 10-cv-01703 (N.D. Calif.), appeared in the Class Action Reporter on Wed., Apr. 28, 2010; coverage of Byrne v. Sony Corporation, et al., Case No. 10-cv-01722 (N.D. Calif.), appeared on Wed., Apr. 28, 2010; coverage of Daley v. Sony Optiarc, Inc., et al., Case No. 10-cv-01727 (N.D. Calif.), appeared in the Class Action Reporter on Wed., Apr. 28, 2010; and coverage of Corse v. Sony Corporation, et al., Case No. 10-cv-01834 (N.D. Calif.), appeared in the Class Action Reporter on May 4, 2010. SPORTIME: Recalls 1,000 TechnoSkin Foam Balls & Soccer ------------------------------------------------------ The U.S. Consumer Product Safety Commission, in cooperation with Sportime, of Norcross, Ga., announced a voluntary recall of about 1,000 TechnoSkin Foam Balls and Sportime TechStitched Soccer Balls. Consumers should stop using the product immediately unless otherwise instructed. Surface paints on the sports balls contain excessive levels of lead which is a violation of the federal lead paint standard. No injuries or incidents have been reported. The recall involves the following SchoolSmart TechnoSkin Coated Foam Balls and TechStitched Soccer Balls. The TechnoSkin Foam Balls measure between 2-3/4 and 8-1/4 inches in diameter. The Sportime TechStitched Soccer Ball is a standard size soccer ball. Pictures of the recalled products are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10734.html The recalled products were manufactured in China and sold through sportime's catalog and on the firm's website http://www.schoolspecialty.com/from December 2006 through August 2009 for between $28 and $110 per set. Consumers should immediately take the recalled products away from children and contact Sportime for instructions to receive a full refund or replacement product. For more information, contact Sportime toll-free at (888) 388-3224 anytime, visit the firm's website at http://www.schoolspecialty.com/or email the firm at CustomerCare@schoolspecialty.com TATA CONSULTANCY: Charged With Failing to Pay Overtime Wages ------------------------------------------------------------ Harsha Guljar, on behalf of himself and others similarly situated v. Tata Consultancy Services Limited, Case No. 2010-00365905 (Calif. Super. Ct., Orange Cty. Apr. 23, 2010), accuses the Mumbai, India-based information technology services company of failing to pay overtime compensation and failing to provide accurate itemized wage statements, in violation of the California Labor Code, and unfair competition, in violation of California Bus. & Prof. Code Sec. 17200. Mr. Gujjar was employed by Tata as an IT analyst from April 2008 through November 2009. The Plaintiff is represented by: Norman B. Blumenthal, Esq. Kyle R. Nordrehaug, Esq. Aparajit Bhowmik, Esq. BLUMENTHAL, NORDREHAUG & BHOWMIK 2255 Calle Clara La Jolla, CA 92037 Telephone: (858) 551-1223 - and - Walter Haines, Esq. UNITED EMPLOYEES LAW GROUP 65 Pine Ave., Suite 312 Long Beach, CA 90802 Telephone: (562) 256-1047 TOYOTA MOTOR: State Court Suits May Pave Way for MDL Proceeding --------------------------------------------------------------- Amanda Bronstad at The National Law Journal reports that Toyota Motor Corp.'s legal problems aren't limited to the federal multidistrict litigation over unintended acceleration of its vehicles. Scores of lawsuits are working their way through state courts across the nation, and some of those cases could pave the road for the MDL. The first hearing in the MDL won't take place until later this month, but some lawyers with cases pending in various state courts already have begun deposing Toyota executives. Many of the state court suits were filed more than a year ago and, having progressed farther in the court system, might provide some guidance on discovery issues and depositions of Toyota executives that could prove helpful in the MDL or in other cases. "I would anticipate there are some state court cases that will possibly go to trial well in advance of the MDL," said: Donald H. Slavik, Esq. HABUSH HABUSH & ROTTIER, S.C. 777 E. Wisconsin Avenue, Suite 2300 Milwaukee, WI 53202 Telephone: 414-271-0900 E-mail: slavik@habush.com a plaintiffs attorney with personal injury suits in state courts across the country. "In fact, if anything, they're probably leading along the MDL in that a lot of the stuff that comes out of the state court cases will probably be used by the MDL." The sharing of resources could prove limited, however. "Sometimes, this MDL stuff can drag out and take a long time," said: R. Graham Esdale, Jr., Esq. BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES 218 Commerce Street Montgomery, AL 36104 Telephone: 800-898-2034 E-mail: graham.esdale@beasleyallen.com "If you've got people injured and hurt, it's not fair to have them sit for years and years because this has turned into a big, complex litigation." DEPOSING TOYOTA EXECUTIVES The automaker has recalled more than 8 million vehicles for acceleration problems. On April 19, the company agreed to pay a record $16.4 million fine to the National Highway Traffic Safety Administration. The agency found that Toyota waited four months to report sudden-acceleration defects in its vehicles. Toyota has removed many of the state court actions to federal court, where they have been folded into the MDL, which encompasses nearly 200 lawsuits. The MDL is being heard by a federal judge in Santa Ana, Calif. Lawyers with Toyota suits are watching a case in Michigan's Genesee County Circuit Court filed on behalf of a woman who died two years ago when her Toyota Camry suddenly accelerated to 80 miles per hour. Plaintiffs attorneys have deposed some Toyota officials, including Christopher Santucci, a former NHTSA official who recently joined Toyota's regulatory affairs department. They have subpoenaed two more senior executives: James Lentz, president and chief operating officer of Toyota Motor Sales USA Inc., and Yoshimi Inaba, president and chief operating officer of Toyota Motor North America, Toyota's highest-ranking executive in the United States. In court documents, Toyota has sought a protective order to prevent the two from being deposed because they lacked firsthand knowledge of the facts in the case. On March 8, a judge ordered that the depositions should go forward. Toyota has appealed that order to the Michigan Court of Appeals. Lawyers representing Toyota in the cases did not respond to requests for comment. A spokeswoman for Toyota, Celeste Migliore, said in e-mailed statement: "We are confident that we have acted appropriately with respect to product liability litigation and our discovery practices." Depositions in the Michigan case could be useful for lawyers in the MDL, sai: Eric B. Snyder, Esq. BAILEY & GLASSER LLP Charleston, W.Va. 209 Capitol Street Charleston, WV 25301 Telephone: 304-345-6555 E-mail: esnyder@baleyglasser.com co-counsel in the case. "Obviously, we don't want people reinventing the wheel if they don't have to," he said. One lawyer following the Michigan case is Mr. Esdale. He has a pending suit in Oklahoma County, Okla., District Court against Toyota on behalf of a woman whose passenger was killed more than two years ago when the accelerator pedal of her Toyota malfunctioned. He said he anticipated using the depositions of Toyota executives in the Michigan case. "If the questions are good, and the answers fit the facts of sudden acceleration, somebody can take one good deposition of a corporate executive and it can be used in all cases if they're speaking on behalf of the company," Mr. Esdale said. Another lawyer following the Michigan case is Mr. Slavik, who is scheduling depositions of Toyota executives on behalf of a man whose Toyota suddenly accelerated while at a parking lot along an ocean-side bluff in Pismo Beach, Calif. The car plummeted 70 feet into the Pacific Ocean, killing the man's wife. "To the extent my work in the state court cases can aid in moving the MDL along as fast as possible, and as efficiently as possible, I'm happy to participate and help on that," he said. Lawyers on both sides of the MDL are expected to conduct their own discovery down the line, said: Daniel E. Becnel, Jr., Esq. BECNEL LAW FIRM, L.L.C. P.O. Drawer H 106 W. Seventh St. Reserve, LA 70084 Telephone: 985-536-1186 E-mail: reserve@becnellaw.com who has applied to be co-lead counsel in the MDL. "Not that you plough the same ground, but we would cover some things we think he missed," he said, referring to Snyder's deposition of Santucci as an example. And on the state court side, some lawyers expect little to come out of the MDL that could help their cases, most of which are personal injury or wrongful death cases that rely on individual facts and circumstances. The MDL largely involves class actions filed on behalf of consumers seeking economic damages to compensate for the reduced value of their recalled vehicles. A lawyer who filed a suit on behalf of four businessmen who were injured in February while traveling in a recalled Toyota on a business trip in Michigan: Vuk S. Vujasinovic, Esq. VUJASINOVIC & BECKCOM PLLC 1001 Texas Avenue, Suite 1020 Houston, TX 77002 Telephone: 713-224-7800 E-mail: vuk@vbattorneys.com said he didn't want to be limited in what experts he could hire or what discovery he could conduct -- as would be the case in an MDL. "If I'm going to sink $1 million or more into a case, I don't want to be in the backseat," he said. WAWANESA GENERAL: Breach of Insurance Contract Alleged ------------------------------------------------------ Andre Karabedian, on behalf of himself and others similarly situated v. Wawanesa General Insurance Company and Wawanesa Mutual Insurance Company, Case No. BC436522 (Calif. Super. Ct., Los Angeles Cty. Apr. 26, 2010), accuses Wawanesa of failing to pay car insurance benefits for all items of damage, including gasoline remaining in the fuel tank, when an automobile insured by it suffers a total loss, in spite of the fact that this is covered under its policies, in breach of its automobile insurance contract and of the implied covenant of good faith and fair dealing, and in violation of California Bus. & Prof. Code Sec. 17200. The Plaintiff is represented by: Brian S. Kabateck, Esq. Joshua H. Haffner, Esq. KABATECK BROWN KELLNER LLP 644 South Figueroa St. Los Angeles, CA 90017 Telephone: (213) 217-5000 WELLS FARGO: Accused of Misusing Federal TARP Funds --------------------------------------------------- Bruce W. Nickerson, individually and on behalf of others similarly situated v. Wells Fargo Bank, et al., Case No. 10-cv- 01889 (N.D. Calif. Apr. 30, 2010), accuses Wells Fargo of violating the TARP Act by negotiating in bad faith with persons seeking to re-negotiate their mortgages. Mr. Nickerson also accuses the Lucas Law Firm of legal malpactrice and fraudulent misrepresentation. Mr. Nickerson says that Wells Fargo never intended to use TARP Funds to aid homeowners in re-negotiating their mortgages, and therefore this constituted a misuse by Wells Fargo of Federal Funds received under the TARP Program. The Lucas Law Firm, Mr. Nickerson says, misrepresented in its advertisements that there was a greater probability that a successful renegotiation of their mortgages could be achieved if their law firm was hired, when in fact homeowners were just as likely to be denied a renegotiation as was the Lucas Law Firm. The Plaintiff is represented by: A. Stephanie Loftin, Esq. LONG BEACH LAW, INC. 3233 East Broadway Long Beach, CA 90803-5817 Telephone: (562) 621-6300 WORLD GYM: Violations of Illinois Physical Fitness Services Act --------------------------------------------------------------- Arthur Izak-Damiecki, on behalf of himself and others similarly situated v. World Gym International, LLC and Zone Fitness, Inc. d/b/a World Gym, Case No. 2010-CH-18845 (Ill. Cir. Ct., Cook Cty. Apr. 30, 2010), asserts violations of the Illinois Physical Fitness Services Act. Mr. Izak-Damiecki says on Oct. 23, 2007, he entered into a retail installment contract with Zone Fitness for membership privileges at the Work Gym location at 100 South Wacker Drive in Chicago. The provision of his contract of membership provides that the membership was for 2 years and 3 months. Mr. Izak-Damiecki made a down payment of $150, and financed the balance of $1,350 of his membership fee, payable monthly at $50 each for 27 months. But upon renewal of his membership contract on January 1, 2010, Mr. Izak-Damiecki says he was required to pay $45 per month or $486 per year -- and those fees don't meet the statutory requirements under the IPFSA. Mr. Izak-Demiecki says he and similarly situated individuals are entitled to damages for World Gym's IPFSA violations. The Plaintiff is represented by: Thomas A. Zimmerman, Jr., Esq. Adam M. Tamburelli, Esq. ZIMMERMAN LAW OFFICES, P.C. 100 West Monroe St., Suite 1300 Chicago, IL 60603 Telephone: (312) 440-0020 E-mail: tom@attorneyzim.com * Claim Administrator Kurtzman Carson Acquires Rosenthal & Co. -------------------------------------------------------------- Kurtzman Carson Consultants LLC, a Computershare company, has acquired the business of Rosenthal & Company. Rosenthal & Company, located in Novato, Calif., specializes in administering class action settlements related to employment, insurance, finance, securities, antitrust and consumer litigation. "The acquisition of Rosenthal & Company is an important step forward in the company's overall growth strategy," said Jon Orr, KCC's President. "With the expansion of KCC Class Action Services, earlier this year, this acquisition further positions KCC as a premier provider of settlement administration services." In the months ahead, KCC will integrate Rosenthal & Company's operations into its own to continue to build on the companies' successes in settlement administration. Today, KCC Class Action Services include pre-settlement consulting, class member management, legal notification, call center support, claims administration as well as disbursement and tax reporting. "We recently celebrated our 10-year anniversary of serving the class action market," said Dan Rosenthal, Rosenthal & Company's Founder. "I look forward to unifying KCC's premier brand in the legal sector with our experience of administering 800 class action settlements and notice procedures, with an aggregate settlement amount of $2 billion." About KCC Kurtzman Carson Consultants LLC -- http://www.kccllc.com/-- a Computershare company, provides administrative-support services that help legal professionals realize time and cost efficiencies. With an integrated suite of corporate restructuring, class action and legal document management solutions, KCC alleviates the administrative challenges of today's legal processes and procedures. KCC has gained client and industry recognition for its industry expertise, professional-level client service and proprietary technologies. About Computershare Limited Computershare (ASX: CPU) http://www-us.computershare.com/-- is a global market leader in transfer agency and share registration, employee equity plans, proxy solicitation and stakeholder communications. We also specialize in corporate trust services, tax voucher solutions, bankruptcy administration and a range of other diversified financial and governance services. Founded in 1978, Computershare is renowned for its expertise in data management, high volume transaction processing, payments and stakeholder engagement. Many of the world's leading organizations use these core competencies to help maximize the value of relationships with their investors, employees, creditors, members and customers. Computershare is represented in all major financial markets and has over 10,000 employees worldwide. For more information, contact: Kerry Anderson Kurtzman Carson Consultants Telephone: 310-741-0714 E-mail: kanderson@kccllc.com - and - Juliet Babros Kurtzman Carson Consultants Telephone: 310-751-1501 E-mail: jbabros@kccllc.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, Joy A. Agravante, Ronald Sy 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 * * *