/raid1/www/Hosts/bankrupt/CAR_Public/100722.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, July 22, 2010, Vol. 12, No. 143
Headlines
ADC TELECOMMUNICATIONS: Being Sold for Too Little, Suit Claims
BP PLC: Faces New Class Action Suits Over Oil Well Explosion
BP PLC: Berman DeValerio Suit Extends Class Period to Five Years
CADBURY ADAMS: Accused in New York Suit of False Advertising
CASUAL MALE: Sued for Illegal Charge Back Commissions Policy
CCA INDUSTRIES: Agrees to Pay $2.5 Mil. to Settle Mega-T Lawsuit
CELLCO PARTNERSHIP: N.Y. Suit Complains About Verizon Phone Plan
COSTCO: Accused in California Suit of Not Paying Overtime
EGGED AND DAN: Bus Companies Sued in Israel Over Handicap Access
FRANKLIN COUNTY: Sheriff's Dept. Sued Over Misuse of Taser Guns
GNC CORP: Accused in Pa. Suit of Not Paying Overtime
LEASING AND MANAGEMENT: Sued for Not Paying Interest on Sec. Dep.
LG ELECTRONICS: Suit Complains About Defective Refrigerators
LOWER MERION: Opposes Class Certification in Web Cam Spying Case
LOYALIST COLLEGE: Decade-Old Student Suit Might Be Resolved Soon
NATIONAL COLLEGIATE: 7th Circuit Reinstates Ticket Lottery Suit
NEW JERSEY: App. Ct. Kills Post-Judgment Interest Class Action
PLAYBOY ENTERPRISES: Third Shareholder Suit Filed in Cook County
RUSH: Fan Sues to Recover Travel Costs from Cancelled Performance
SAXON MORTGAGE: Accused of Illegally Charging Late Mortgage Fees
SCRIBD INC: Class Action Copyright Suit Settled & Dropped
SEMCRUDE LP: SGLP Shareholder Claims Not Subordinated in Bankr.
SYNGENTA CROP: Trade Groups Fight Subpoenas in Atrazine Lawsuit
TEXAS: Bulk Obtainment of DMV Records Legal, 5th Circuit Rules
VALE LIMITED: Residents Get C$36 Mil. for Nickel Contamination
* Ten Plaintiffs Now Required for Class Action Suits in Poland
* Innovest & Chicago Clearing Team Up to Track Securities Claims
*********
ADC TELECOMMUNICATIONS: Being Sold for Too Little, Suit Claims
--------------------------------------------------------------
Courthouse News Service reports that ADC Telecommunications is
selling itself too cheaply to Tyco, for $1.3 billion or $12.75 a
share, shareholders claim in Hennepin County Court, Minneapolis.
A copy of the Complaint in Jacobius v. ADC Telecommunications,
Inc., et al., Case No. _____ (Minn. Dist. Ct., Hennepin Cty.), is
available at:
http://www.courthousenews.com/2010/07/19/SCA.pdf
The Plaintiff is represented by:
Garrett D. Blanchfield, Esq.
REINHARDT WENDORF & BLANCHFIELD
E-1250 First National Bank Bldg.
332 Minnesota St.
St. Paul, MN 55101
Telephone: 651-287-2100
- and -
Stuart A. Davidson, Esq.
Jonathan M. Stein, Esq.
Cullin A. O'Brien, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
120 East Palmetto Park Rd., Suite 500
Boca Raton, FL 33432
Telephone: 561-750-3000
BP PLC: Faces New Class Action Suits Over Oil Well Explosion
------------------------------------------------------------
Sabrina Canfield at Courthouse News Service reports that citizens
across the Gulf Coast are holding their breath after BP claimed
that it has stopped the catastrophic oil gusher in the Gulf of
Mexico. But the gusher of lawsuits continues, accusing BP and
its partners of a slew of mistakes in the days before and after
the explosion of the Deepwater Horizon oil well. One class
action blames 16 maritime companies for setting off the leak, by
drowning the burning oil rig with water, causing it to twist on
its foundation and snap off the pipe.
Among the federal complaints filed this week are a class action
blaming 16 maritime companies for the sinking of the Deepwater
Horizon by drowning it with water after the April 20 explosion; a
seaman who claimed he was fired after falling sick from exposure
to toxic chemicals in the spill; and a cleanup worker who says BP
owes him compensation after he fell over a second-story railing
of his hotel.
In the class action filed on behalf of the sunken Deepwater
Horizon, three classes of plaintiffs -- landowners; commercial
fishermen, shrimpers, oyster harvesters, charter boat operators;
and oil industry workers -- say the gush of oil from the broken
wellhead could have been avoided if the Deepwater Horizon had not
sunk.
The class claims that when "the rig turned and began to sink, the
pipe connected to the wellhead collapsed and fell to the
seafloor," unleashing the catastrophic geyser of oil, 1 mile deep
under the Gulf.
On the night of April 20, when the Deepwater Horizon exploded,
killing 11, then catching fire, 12 vessels owned by 16 named
maritime companies were in the area came to its aid, according to
the complaint.
The class claims that the initial damage estimates from the fire
were low, "with the overwhelming majority of the oil burning and
not spilling into the ocean."
At the time, "the oil rig appeared to be floating, fully buoyant
but on fire because it was still connected to a well source of
highly pressurized oil and gas," the class claims. It adds that
the Deepwater Horizon did not "appear in any imminent danger of
sinking."
As fireboats arrived at the burning rig, "with little to no time
to assess the damage and condition of the Deepwater Horizon,"
eight or more fireboats drenched the rig with seawater, at a rate
of 10,000 to 50,000 gallons per minute.
As the fireboats blasted the rig with water, its upper
compartments filled up, causing the rig's center of gravity to
shift, making it turn on its pontoons.
The class claims that "no industry procedure, no vessel
procedure, and no procedure of any of the defendants provide for
the use of water in responding to an oil well blowout fire or a
petroleum fire under pressure."
The class claims the defendants should have known "that the
source of the fire on the Deepwater Horizon was the petroleum
under pressure; knew, or should have known, that the use of water
and fire cannons was ineffective and produced no benefit but
created the risk of causing the vessel to sink."
Had the rig not been caused to sink, there is a much greater
likelihood that the drilling pipe attached to its bottom might
have been properly disconnected and capped near the surface,
according to the complaint.
The class is represented by Lloyd Frischhertz of New Orleans.
Defendants include Seacor Marine, Siemens Financial, Gulfmark
Offshore and a slew of vessels.
In a second complaint, Clay Whittinghill claims he became ill
while working on the cleanup -- and was fired for it. He sued
the maritime company he worked for, Abdon Callais Offshore.
Mr. Whittinghill claims he was exposed to massive amounts of
contaminants, including benzene, zinc, chlorides, sulfate,
ammonia, radium, radioactive pollutants, drilling fluids,
methane, contaminants such as the oil dispersant Corexit, and
antifreeze.
After being exposed to the contaminants, Mr. Whittinghill says,
he suffered "severe, painful, and disabling injuries to his body,
including but not limited to occupational bronchitis, sinusitis,
distorted vision, disorientation, rashes, headaches, nausea, and
abdominal pains, as well as severe psychic trauma and emotional
suffering."
Mr. Whittinghill says his own doctor and the defendant's doctor
told him he couldn't work until his condition improved, and that
he was "unfit to return to work around 'hydrocarbons' present in
the immediate vicinity of the Deepwater Horizon clean-up
efforts."
In response, Mr. Whittinghill says, he was fired.
He is represented by Scott Bickford. BP is not named as a
defendant in this case.
In a third complaint, Clyde Harper sued Ameri-Force Inc. and BP,
saying that while working for BP through Ameri-Force as a Jones
Act seaman cleanup worker, he fell from his second-story balcony
at the Sand Dollar Marina Inn in Grand Isle when the railing gave
way.
Mr. Harper claims the fall caused head and neck injuries,
including a fractured vertebra, rib cage, and a collapsed right
lung.
Mr. Harper says the defendants have refused to cover for his
medical treatment.
He is seeks $450,000 and is represented by Alonzo Stanga III of
Metairie.
In a wider perspective, Kenneth Feinberg, who is overseeing a $20
billion fund to pay claims for BP's liability for the oil spill,
told government officials in Harahan, La., on Thursday he is
determined to create a system "more generous and more beneficial"
to spill victims than taking BP to court.
Mr. Feinberg was recruited by BP and President Barack Obama to
oversee administration of the $20 billion fund.
Mr. Feinberg told CNBC in late June that BP created the fund, in
part, to limit its liability.
"Investors in BP should know that there's now an alternative to
the litigation system in place," Mr. Feinberg told CNBC about the
creation of the fund.
"It's a way for BP to avoid lawsuits, in the end," Mr. Feinberg
said. "And it's a way for a claimant voluntarily to get a check
now. You don't have to litigate for years -- with some
uncertainty about whether you'd win -- and you don't have to pay
a lawyer 30 percent."
As the good news that BP had finally capped the well circulated
on the hot sticky streets of Louisiana on Thursday, many
residents said they did not know what to think -- and that it was
too soon to trust that the catastrophe is ending.
Officials on Thursday called BP's success tentative.
Coast Guard Admiral Thad Allen said in a statement: "We're
encouraged by this development, but this isn't over. Over the
next several hours we will continue to collect data and work with
the federal science team to analyze this information and perform
additional seismic mapping runs in the hopes of gaining a better
understanding on the condition of the well bore and options for
temporary shut in of the well during a hurricane. It remains
likely that we will return to the containment process using this
new stacking cap connected to the risers to attempt to collect up
to 80,000 barrels of oil a day until the relief well is
completed."
Also on Thursday the Department of Interior said it has told BP
that it must report all oil- and gas-related activities at its
well and pay royalties on the oil and gas captured from the well.
BP also will be liable for royalties on lost or wasted oil and
gas if it is determined that negligence or regulatory violations
caused or contributed to the Deepwater Horizon explosion and
subsequent leak.
In a final irony, BP called the well that exploded the Macondo.
Macondo is the village in Nobel Laureate Gabriel Garcia Marquez's
"One Hundred Years of Solitude," in which life in the dull,
steamy lowlands is periodically interrupted by inexplicable
occurrences.
A copy of the Complaint in Robin, et al. v. Seacor Marine,
L.L.C., et al., Case No. 10-cv-01986 (E.D. La.), is available at:
http://www.courthousenews.com/2010/07/16/BPClassAct.pdf
The Plaintiffs are represented by:
Lloyd N. Frischhertz, Esq.
Marcus J. Poulliard, Esq.
Dominick F. Impastato, Esq.
Marc L. Frischhertz, Esq.
FRISCHHERTZ & ASSOCIATES
1130 St. Charles Ave.
New Orleans, LA 70130
Telephone: 504-523-1500
- and -
F. Gerald Maples, Esq.
Carl D. Todd Campbell, II, Esq.
Carlos Zelaya, II, Esq.
F. GERALD MAPLES, P.A.
365 Canal St., Suite 2650
New Orleans, LA 70113
Telephone: 504-569-8732
BP PLC: Berman DeValerio Suit Extends Class Period to Five Years
----------------------------------------------------------------
The law firm of Berman DeValerio filed a securities fraud lawsuit
this week against BP, plc, expanding the complaint to cover
certain investors who acquired BP stock as early as mid-2005.
The complaint, filed on behalf of the Oklahoma Police Pension &
Retirement System, includes investors who purchased or otherwise
acquired American Depository Shares of BP between June 30, 2005,
and June 1, 2010, inclusive, and all U.S. investors who purchased
or otherwise acquired ordinary shares of BP during the Class
Period. In previous complaints, the Class Period for ordinary
shares had extended back to 2008, at the earliest.
Berman DeValerio filed the complaint July 19, 2010 in the United
States District Court for the Eastern District of Louisiana. The
complaint was filed as The Oklahoma Police Pension & Retirement
System v. BP et al., Case No. 2:10-cv-02013.
The action seeks to recover losses under Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder by the United States Securities and Exchange
Commission, as well as state law claims. Pursuant to the Private
Securities Litigation Reform Act of 1995, investors wishing to
serve as the Lead Plaintiff are required to file a motion for
appointment as Lead Plaintiff by no later than July 20, 2010.
The complaint claims that BP failed to disclose that the
Company's operations were being conducted in a highly reckless
manner, as it lacked any legitimate plan to respond to an oil
spill from its drilling activities in the Gulf of Mexico (the
"Gulf"), which it had touted since at least June 2005 as a major
growth area. Those concealed risks materialized with a fatal
April 20, 2010 fire on the Deepwater Horizon oil rig that led to
the worst oil spill in U.S. history, according to the complaint.
The resulting cost to investors will run into the billions of
dollars, the complaint alleges. At the time of the rig explosion,
BP shares traded for approximately $60 per ADS and approximately
GBP 655 per ordinary share. Since that time, however, the
Company's ADS and ordinary shares have fallen approximately 40%,
eliminating billions of dollars of market capitalization.
"The loss in value is directly related to the materialization of
the risks created by BP's misleading statements and material
omissions," the complaint says. "As a result of defendants'
wrongful acts and omissions, and the precipitous decline in the
market value of the Company's securities, Plaintiff and other
Class Members suffered damages."
To receive a copy of the complaint, please call Berman DeValerio
at (800) 516-9926 or visit http://www.bermandevalerio.com/
If you are a member of the Class, you may, no later than July
20, 2010, request that the court appoint you as Lead Plaintiff
for the class. You may contact the attorneys at Berman DeValerio
to discuss your rights and interests in the case. Please note:
you may also retain counsel of your choice and need not take any
action at this time to be a class member.
Berman DeValerio is a national law firm representing plaintiffs
in lawsuits against corporate wrongdoers, chiefly for violations
of securities and antitrust laws. The firm has 39 lawyers in
Boston, San Francisco and Palm Beach Gardens, Florida.
CONTACTS: Jeffrey C. Block, Esq.
Berman DeValerio
Telephone: 800-516-9926
E-mail: jblock@bermandevalerio.com
- and -
Leslie R. Stern, Esq.
Berman DeValerio
Telephone: 800-516-9926
E-mail: lstern@bermandevalerio.com
CADBURY ADAMS: Accused in New York Suit of False Advertising
------------------------------------------------------------
Courthouse News Service reports that Cadbury Adams falsely
advertises that its Trident Xtra Care gum "strengthens & rebuilds
your teeth," according to a class action in Queens County Court,
N.Y.
A copy of the Complaint in Hirsch v. Cadbury Adams USA, LLC,
Index No. 17063-10 (N.Y. Sup. Ct., Queens Cty.), is available at:
http://www.courthousenews.com/2010/07/16/CCA.pdf
The Plaintiff is represented by:
David J. Meiselman, Esq.
Jeffrey I. Carton, Esq.
Jerome Noll, Esq.
Rebecca Coll, Esq.
MEISELMAN, DENLEA, PACKMAN, CARTON & EBERZ P.C.
1311 Mamaroneck Ave.
White Plains, NY 10605
Telephone: 914-517-5000
E-mail: bcepelewicz@mdpcelaw.com
CASUAL MALE: Sued for Illegal Charge Back Commissions Policy
---------------------------------------------------------------
Marie Drotar, on behalf of herself and others similarly situated
v. Casual Male Retail Group, Inc., et al., Case No. 2010-00388534
(Calif. Super. Ct., Orange Cty. July 9, 2010), brings claims
against the Canton, Mass.-based specialty retailer of men's
apparel for: (i) unpaid wages resulting from the defendant's
merchandise return policy and practice (the employee processing
an identified return is forced to take the charge back on the
return out of his earned commissions, even when he never earned
the commission on the sale), (ii) failure to pay wages for
compensable meal periods, (iii) failure to pay wages for
compensable rest break periods, (iv) failure to pay proper
overtime compensation, (v) illegal forfeiture of unused paid time
off, (vi) illegal administration of vacation policy (employees
are prevented from accruing additional vacation days after
reaching a limit on the accrual of vacation time), (vii) failure
to pay all compensation due upon termination of employment,
(viii) failure to furnish itemized wage statements, and (ix)
unfair and unlawful business practices prohibited under
Calfornia's Unfair Competition Law, Business & Professions Code
sections 17200-17208.
Ms. Drotar also brings claims for representative action on behalf
of all employees pursuant to Labor Code section 2699 et seq. Ms.
Drotar does not seek relief under Labor Code section 2699 as a
class action.
Ms. Drotar worked as a sales associate and assistant manager for
Casual Male in California and was paid hourly wages plus
commissions.
The Plaintiff is represented by:
A. Nicholas Georggin, Esq.
Joo Hee Kershner, Esq.
KRUTCIK & GEORGGIN
26021 Acero
Mission Viejo, CA 92691
Telephone: (949) 367-8590
E-mail: ngeorggin@kglawoffices.com
jkershner@kglawoffices.com
CCA INDUSTRIES: Agrees to Pay $2.5 Mil. to Settle Mega-T Lawsuit
----------------------------------------------------------------
Consumers who purchased (for personal use) a Mega-T brand weight
loss product could get up to $60.00 or more back. The makers of
the Mega-T dietary supplements have set aside a $2.5 million
Common Fund to settle the Class Action Lawsuit, Denise Wally, et
al. v. CCA Industries, Inc. Case No. BC422833.
This is a legal notice authorized by Los Angeles Superior Court
in an attempt to contact anyone who purchased (for personal use)
any of the following Mega-T dietary supplements: Mega-T Ultra,
Mega-T Plus, Mega-T Effervescent, Mega-T Green Tea Dietary
Supplement and/or Mega-T Dietary Supplement.
If you are a consumer who purchased any of these supplements
between Sept 29, 2005 to June 9, 2010, who lives in the United
States, the makers of that line of supplements (CCA Industries,
Inc.) have set aside a $2,500,000 Common Fund to settle this
action.
More details can be seen at http://www.Mega-Tsettlement.com/
The lawsuit was officially brought by Denise Wally, et al. and
claims that CCA Industries, Inc. ("CCA") made improper statements
in its labeling and advertising of the Mega-T Ultra, Mega-T Plus,
Mega-T Effervescent, Mega-T Green Tea Dietary Supplement and/or
Mega-T Dietary Supplement products.
This legal settlement does not mean that CCA did anything wrong.
In fact, CCA has denied any wrongdoing whatsoever, and is
settling the case only to avoid the expense and inconvenience of
further legal action.
Anyone who purchased any of the five Mega-T products should go
to: www.Mega-Tsettlement.com for fast, free information about
this case and to submit a claim.
This website makes it easy to:
* Understand exactly how to qualify
* Submit a simple form to get money back
* See a list of the Mega-T products in question
* Get fast toll-free access to more information:
1-888-287-9822
The Court has preliminarily appointed the law firm of Milstein,
Adelman, & Kreger, LLP to represent the Class as Plaintiffs' Lead
Class Counsel.
In addition to submitting a claim form to ask for payment,
consumers can ask to be excluded from, or object to, the
settlement. Claim forms must be submitted online or postmarked no
later than September 2, 2010. The deadline for exclusions and
objections is September 2, 2010.
For more information:
-- http://www.Mega-Tsettlement.com;
-- or call toll-free: 1-888-287-9822;
-- or write to:
Settlement Administrator
PO Box 4153
Portland, OR 97208-4153
CELLCO PARTNERSHIP: N.Y. Suit Complains About Verizon Phone Plan
----------------------------------------------------------------
Courthouse News Service reports that Cellco Partnership dba
Verizon Wireless charged customers more than the $69.99 a month
it advertised for its Nationwide Unlimited Plan, a class action
claims in Manhattan Federal Court.
The case is Schatz v. Cellco Partnership, Case No. 10-cv-05414
(S.D.N.Y.), and the Plaintiff is represented by:
William Robert Weinstein, Esq.
500 Fifth Avenue, Suite 1610
New York, NY 10110
Telephone: (212) 575-2205
E-mail: wrw@wweinsteinlaw.com
- and -
Kenmneth A. Levy, Esq.
13 Sapphire Road
Monroe, NY 10950
Telephone: (973) 714-0887
E-mail: ken@kennethlevylaw.com
COSTCO: Accused in California Suit of Not Paying Overtime
---------------------------------------------------------
Manuel Medrano, individually, and on behalf of other members of
the general public similarly situated, and as an aggrieved
employee pursuant to the Private Attorney's General Act v. Costco
Wholesale Corporation, et al., Case No. BC4411597 (Calif. Super.
Ct., Los Angeles Cty., filed July 14, 2010), accused the retailer
of not paying workers for overtime.
The Plaintiff is represented by:
Gene Williams, Esq.
Mark P. Pifko, Esq.
Jamie R. Greene, Esq.
INITIATIVE LEGAL GROUP APC
1800 Century Park East, 2nd Floor
Los Angeles, CA 90067
Telephone: 310-556-5637
E-mail: GWilliams@InitiativeLegal.com
MPifko@InitiativeLegal.com
JGreene@InitiativeLegal.com
EGGED AND DAN: Bus Companies Sued in Israel Over Handicap Access
----------------------------------------------------------------
Nurit Roth at Haaretz.com reports that a class action suit
against the Egged and Dan bus companies for not providing access
to the disabled was certified by the Jerusalem District Court
yesterday. According to the complaint, the companies are not
meeting their obligations to provide access to disabled
passengers.
In certifying the case, Judge Itzhak Inbar noted the significant
disparity between the economic and organizational power of the
bus companies compared to the disabled population. The plaintiffs
in the case, Michel Baron and Michel Lustigman, who are both
sight-impaired, are demanding that the two companies develop and
implement a plan that would provide access for the blind on their
buses.
Egged and Dan counter that since 2000 they have been using
handicapped-accessible buses and that by the end of 2014 their
urban fleet will be fully accessible to the disabled.
They also claim the Transportation Ministry and other responsible
parties have failed to develop accessibility plans upon which
their own arrangements must be based. Furthermore, they have
fulfilled their obligations by installing a public address (or
"PA") system on the buses, the companies say.
Inbar rejected the bus companies' contention that their
obligation to the disabled was conditioned on the ministry first
developing a plan. He also said the installation of a public
address system on the buses is not sufficient; the systems must
also be in use at all times. Beyond that, however, he ruled that
the system itself was not sufficient enough as it could not be
utilized by drivers to respond to specific passenger requests.
"It is the right at any given moment," the judge said, for blind
people and the sight-impaired, "to know where the bus is, just as
much as a sighted person."
Inbar ordered an interim award of NIS 6,000 to each plaintiff and
NIS 60,000 in attorney's fees, ahead of determining the merits of
the case.
FRANKLIN COUNTY: Sheriff's Dept. Sued Over Misuse of Taser Guns
---------------------------------------------------------------
Courthouse News Service reports that a class action wants the
Franklin County Sheriff's Department enjoined from misusing Taser
guns, in Columbus, Ohio, Federal Court.
A copy of the Complaint in Shreve, et al. v. Franklin County,
Ohio, et al., Case No. 10-cv-00644 (S.D. Ohio), is available at:
http://www.courthousenews.com/2010/07/20/CivRts.pdf
The Plaintiffs are represented by:
Jane P. Perry, Esq.
Kristen N. Henry, Esq.
Kerstin Sjoberg-Witt, Esq.
OHIO LEGAL RIGHTS SERVICE
50 W. Broad St., Suite 1400
Columbus, OH 43215
Telephone: 614-466-7264
E-mail: jperry@OLRS.state.oh.us
khenry@OLRS.state.oh.us
ksjoberg-witt@OLRS.state.oh.us
GNC CORP: Accused in Pa. Suit of Not Paying Overtime
----------------------------------------------------
Courthouse News Service reports that GNC Corp. stiffed managers
for overtime at its retail outlets, a class action claims in
Pittsburgh Federal Court.
A copy of the Complaint in Mell, et al. v. GNC Corporation, Case
No. 10-cv-00945 (W.D. Pa.), is available at:
http://www.courthousenews.com/2010/07/20/Employ.pdf
The Plaintiffs are represented by:
Robert B. Stein, Esq.
RUDO & STEIN, P.C.
100 First Ave., Suite 500
Pittsburgh, PA 15222
Telephone: 412-281-7300
E-mail: rstein@rudovstein.com
- and -
Gregg I. Shavitz, Esq.
Hal B. Anderson, Esq.
SHAVITZ LAW GROUP, P.A.
1515 S. Federal Hwy, Suite 404
Boca Raton, FL 33432
Telephone: 561-447-8888
E-mail: gshavitz@shavitzlaw.com
hal.anderson@shavitzlaw.com
LEASING AND MANAGEMENT: Sued for Not Paying Interest on Sec. Dep.
-----------------------------------------------------------------
Isaac Whitman, on behalf of himself and others similarly situated
v. Leasing and Management Company Inc., Case No. 2010-CH-30417
(Ill. Cir. Ct., Cook Cty. July 15, 2010), accuses Leasing and
Management of failing to pay interest on his security deposit
within 30 days after the end of his first 12-month rental period
(while defendant was a lessor of the apartment building), in
violation of Chicago Residential Landlord & Tenant Ordinance
("RLTO") section 5-12-080(c).
On December 29, 2008, Mr. Whitman leased from "Historic Landmarks
for Living," as agent for Regal, Unit No. 2208 of the "Cambridge
Manor" apartment building located at 2631 S. Indiana Ave., in
Chicago, Illinois.
Defendant took over management of the building from a previous
management company, The Habitat Company, LLC, in December 2009.
The Plaintiff is represented by:
Mark A. Silverman, Esq.
MARK SILVERMAN LAW OFFICE LTD.
225 W Washington, Suite 2200
Chicago, IL 60606
Telephone: (312) 399-9387
LG ELECTRONICS: Suit Complains About Defective Refrigerators
------------------------------------------------------------
Courthouse News Service reports that LG Electronics makes a
refrigerator with French doors whose light stays on when it's
closed, warming up the inside, spoiling food, melting and burning
parts and creating a fire hazard, a class action claims in Newark
Federal Court.
A copy of the Complaint in McLennan, et al. v. LG Electronics
USA, Inc., Case No. 10-cv-_____, docketed as Doc. 8974 in Case
No. 33-av-00001 on July 16, 2010 (D. N.J.), is available at:
http://www.courthousenews.com/2010/07/19/CCA.pdf
The Plaintiffs are represented by:
James E. Cecchi, Esq.
Lindsey H. Taylor, Esq.
CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C.
5 Becker Farm Rd.
Roseland, NJ 07068
Telephone: 973-994-1700
- and -
Kristen Law Sagafi, Esq.
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
275 Battery St., 29th Floor
San Francisco, CA 94111-3336
Telephone: 415-956-1000
- and -
Jonathan D. Selbin, Esq.
Alison Stocking, Esq.
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
250 Hudson St., 8th Floor
New York, NY 10013
Telephone: 212-355-9500
- and -
Paul R. Kiesel, Esq.
KIESEL, BOUCHER, & LARSON LLP
8648 Wilshire Blvd.
Beverly Hills, CA 90211-2910
Telephone: 310-854-4444
LOWER MERION: Opposes Class Certification in Web Cam Spying Case
----------------------------------------------------------------
Richard Ilgenfritz at Main Line Media News reports that after
more a month of judicially approved delays, lawyers for Lower
Merion filed their response to the class action status of the
webcam suit shortly before the judge's deadline Friday afternoon.
In court papers, attorneys from Ballard Spahr argued against a
certification the class action status of the case.
"Class certification is unnecessary and unwarranted," the filing
reads. "The pending equitable claims can be fully resolved simply
by making permanent the interim relief that the Court has already
entered, and that the District has already put into effect in any
event."
Ten days prior to the filing, Judge Jan DuBois issued an order
July 7 giving the district 10 more days to respond. The class
will be defined as "District high school students who were issued
Student Laptops, 'together with their direct family members
living at home.'"
In February the family of Blake Robbins, a student at Harriton
High School, sued claiming the district spied on him at home. The
district has since admitted that its security feature could snap
webcam images, take screenshots and record IP address information
on the student-issued computers.
Originally the district had been ordered to respond to the class
certification by mid-June. But in an order issued by DuBois June
16 the district was allowed to delay the response until July 8.
One day before that deadline, an attorney with Ballard Spahr sent
a short one-page letter to the judge requesting another
extension.
"We respectfully request one further extension to allow
defendants to file their response on or before Friday, July 16,
2010. Plaintiffs' counsel advised us that he would not consent to
this request," attorney Paul Lantieni wrote in the letter to the
judge.
How this delay shows up in the attorney's fees for the district
isn't clear. When asked if a bill has been submitted this month
to Lower Merion from Ballard Spahr, district spokesman Doug Young
late Tuesday afternoon said the district has not yet been billed
for June. The last bill the district got was from June 10 for
$128,000.
The letter from the district's attorney also prompted a response
the same day by Mark Haltzman, the attorney for the Robbins
family.
"The defendants have had plenty of time to mount whatever
arguments they may have against including all Lower Merion school
families in this case so that they may be included in the
equitable relief plaintiffs have been working to achieve.
Plaintiffs do not believe it's prudent to allow any further
delays, especially a delay on the eve of the date that the
response is due," Haltzman wrote to the judge.
LOYALIST COLLEGE: Decade-Old Student Suit Might Be Resolved Soon
----------------------------------------------------------------
Jason Miller at the Intelligencer reports that a solution might
soon be reached for a group of nursing students involved in a
decade-old multi-million dollar class action lawsuit against
Loyalist College.
Two local law firms are proceeding for the group of more than 70
1997 and 1998 Loyalist nursing students, who are suing the school
for breach of contract for negligent misrepresentation.
Michael Pretsell, the lawyer representing the 1998 class which
consists of more than 50 students, said both sides are inching
closer to reaching an amicable settlement. He expects the case
should be settled before it gets to trial.
"There continues to be negotiations on both sides to resolve it,"
he said. "If it doesn't get settled, their will probably be a
trial sometime next year. It's unlikely this kind of case gets to
trial, though."
The lawsuits contend that when the 1998 nursing class entered
Loyalist, students were offered a Queens University option that
allowed students who entered the nursing program at Loyalist to
obtain a degree in nursing from Queen's after four years. The
document claims that no such option was available. Loyalist
College has also brought an action against Queen's.
"This was started while the nurses were still in school," he
said.
He said there are a plethora of colleges who currently run joint
degree programs with universities, but that wasn't the case in
1998.
He said the problem started brewing when several colleges,
including Loyalist, started negotiating with universities to
provide those joint programs that would see students graduate
with a degree following their time of study.
"Our allegation is that they jumped the gun and published it
before Queen's was on board," he said. "Loyalist said 'we have a
deal with Queen's to do this' and Queen's said 'no you don't have
a deal.' It turned out it wasn't available to our client."
He said the lawsuit is being played out on two fronts where phase
one has students suing Loyalist while the Belleville college, in
turn, is going after Queen's on the grounds that the university
had a role to play in the deal falling apart.
Pretsell said they are now in the process of proving what "has
the loss of that degree meant in terms of their income." He said
they have yet to hammer out an exact dollar figure for total
damages. He said each of his 54 students have made a claim for
about $100,000 for a year of lost time and wages.
"That's the amount claimed, not the amount that it's necessarily
worth," he said. "Some of them may not have that damage. That was
an estimation of what their damages could be if they lost a year
of their life."
Pretsell said the lengthy proceeding kick-started with the nurses
applying for funding for the class action proceedings, which was
delayed by government red tape.
"We had to wait about a year at the start," he said.
Pretsell said early attempts made by himself and Bob Reynolds,
who represents the 1997 class, to get the case approved as a
class action proceeding were unsuccessful in the initial motion.
The group also sustained another loss at the Ontario Divisional
Court. Pretsell said about three years ago, the Ontario Court of
Appeal gave the green light to certify the matter as a class
proceeding.
"Since then we've been working towards trying to resolve it," he
said. "We're at the point where we're gathering material and
trying to settle the case."
Pretsell said the case has been a challenging one due to the size
of the group and the amount of financial documents involved.
"Trying to gather information on 54 people that live all over
North America and some in South America is a bit of an headache,"
he said. "It's a complicated piece of litigation compared to my
day-to-day life just because of the number of people involved."
He said both sides have been working in good faith to reach a
reasonable settlement that is suitable to all the parties
involved.
"There are no issues of (the college) not playing fair," he said.
NATIONAL COLLEGIATE: 7th Circuit Reinstates Ticket Lottery Suit
---------------------------------------------------------------
Joe Celentino at Courthouse News Service reports that the NCAA's
system for selling tickets to Final Four games may constitute an
illegal lottery, the 7th Circuit ruled, reinstating a class
action filed by unlucky ticket seekers.
Four people who failed to land tickets to NCAA men's basketball
games filed a class action against the league and Ticketmaster,
claiming the ticket-distribution system is an illegal lottery.
Final Four ticket applicants were required last year to deposit
the full face value of the tickets for each entry submitted, plus
a $6 service fee. Ten entries were allowed per person, so a pair
of $150 tickets would require a down payment of $3,060 in order
to maximize the chances of winning.
Losers were refunded the cost of the tickets, but not the service
fees. An unlucky applicant who entered 10 times would have to
forfeit $60 without receiving a ticket.
The NCAA claimed that its ticket-distribution system is not
illegal because no prize is offered, only an opportunity to buy
tickets at full price.
A federal judge in Indiana dismissed the case, saying the class
members were equally at fault because they knowingly participated
in what they described as an illegal lottery.
But the 7th Circuit in Chicago reversed and allowed the class
action to proceed, ruling that the ticket applicants did not
believe the distribution system was illegal when they applied for
tickets.
Judge Richard Cudahy dissented, saying the service fee does not
make the system an illegal lottery. He added that a ticket
applicant's willing participation in a lottery would disqualify
them from making a claim.
The class contains hundreds of thousands of potential members,
according to the plaintiffs' estimate.
The NCAA has used the disputed ticket distribution system for
Division I men's and women's basketball and for hockey
tournaments.
A copy of the decision in George, et al. v. National Collegiate
Athletic Association, No. 09-3667 (7th Cir.), is available at:
http://www.ca7.uscourts.gov/tmp/ZH1FFP5V.pdf
NEW JERSEY: App. Ct. Kills Post-Judgment Interest Class Action
--------------------------------------------------------------
Paff v. State Treasurer, No. A-6230-08T2 (N.J. Sup. Ct., App.
Div.) (July 16, 2010), unless appealed, brings an end to a class
action lawsuit seeking payment of post-judgment interest on
awards payable by the State of New Jersey. A copy of the court's
ruling is available at:
http://www.leagle.com/unsecure/page.htm?shortname=innjco20100716330
PLAYBOY ENTERPRISES: Third Shareholder Suit Filed in Cook County
----------------------------------------------------------------
Joshua Kocses, individually and on behalf of others similarly
situated, v. Playboy Enterprises, Inc., et al., Case No.
2010-CH-30349 (Ill. Cir. Ct., Cook Cty. July 15, 2010), arises as
a result of an offer by Hugh Hefner, Playboy's founder and owner
of 69.5% of the Company's Class A securities and 27.7% of the
Company's Class B securities, to purchase the remaining stock he
does not already own for $5.50 per share in cash. Mr. Kocses
says that Mr. Hefner and certain other officers or directors of
Playboy Enterprises, Inc., breached their fiduciary duties in
connection with the acquisition offer, by failing to secure and
obtain the best price for the Company, for their own benefit to
the exclusion of the Company's public shareholders.
Citing a press release in connection with the Hefner offer, Mr.
Kocses relates that Mr. Hefner has advised the Playboy Board that
he is not interested in selling his shares or entertaining other
offers for the Company.
Mr. Kocses, who is a Playboy shareholder, claims that Mr.
Hefner's offer is too low, given the Company's growth and
anticipated operating results, net asset value, and future
profitability, and considering further previous premium offers
that have been made for the Company.
The Plaintiff is represented by:
Gregory M. Nespole, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
- and -
Francis A. Bottini, Jr.
JOHNSON BOTTINI, LLP
501 West Broadway, Suite 1720
San Diego, CA 92101
Telephone: (619) 230-0063
- and -
Bruce G. Murphy, Esq.
LAW OFFICES OF BRUCE MURPHY
265 Llwyds Lane
Vero Beach, FL 32963
Telephone: (772) 231-4202
Coverage of Lorenzini v. Hefner, et al., Case No. 2010-CH-30171
(Ill. Cir. Ct., Cook Cty.), and Braun v. Playboy Enterprises,
Inc., et al., Case No. 2010-CH-30121 (Ill. Cir. Ct., Cook Cty.),
appeared in the Class Action Reporter on Wed., July 21, 2010.
RUSH: Fan Sues to Recover Travel Costs from Cancelled Performance
-----------------------------------------------------------------
RTT News reports that a 42 year-old Ph.D. student is filing a
class action suit against Canadian rockers Rush for a cancelling
a performance in Chicago last week.
Christopher Langone flew from Upstate New York to attend the
cancelled Charter One Pavilion show last week. And though tickets
indicated that the concert would occur "rain or shine," the show
was ultimately canceled due to weather.
According to a blogger for Chicago Now, the show was set to kick
off at 7:30 PM and pushed back until it was finally canceled at
8:15.
Though the band has agreed to honor tickets for a rescheduled
date, Langone is suing the band for the expenses he incurred
attempting to see the show. He is suing the band for the cost of
six tickets, airfare, and a round of beers. He has reportedly
encouraged other fans on the band's web forum to file lawsuits as
well.
"It feels a little strange," Langone told Chicago Sun-Times about
taking legal action against one of his favorite groups.
SAXON MORTGAGE: Accused of Illegally Charging Late Mortgage Fees
----------------------------------------------------------------
Elizabeth Banicki at Courthouse News Service reports that four
federal class actions claim that mortgage companies charge
hundreds of dollars in late fees on mortgage payments that are
made on time. California law requires mortgage lenders to apply
payments to the most recent installment due, but the defendants
apply them to an old missed payment, allowing them to charge late
fees every month, in violation of law, according to the
complaints.
The similar class actions were filed against Saxon Mortgage
Services, GMAC Mortgage, Litton Loan Servicing and Aurora Loan
Services.
The defendants charged from $168 to $248 in monthly late fees,
according to the complaint.
The lenders are accused of applying payments for a current bill
to past-due bills from a prior month or months. This allows the
companies to charge continuous late fees instead of assessing one
late fee for each overdue payment.
The classes seek compensatory and punitive damages, disgorgement,
costs and an injunction, alleging breach of contract, unjust
enrichment and unfair business practices.
Plaintiffs in all four cases are represented by Richard Kellner.
A copy of the Complaint in Diwa v. Saxon Mortgage Services, Inc.,
Case No. 10-cv-05254 (C.D. Calif.), is available at:
http://www.courthousenews.com/2010/07/20/MortgageCA.pdf
The Plaintiff is represented by:
Brian S. Kabateck, Esq.
Richard L. Kellner, Esq.
Joshua H. Haffner, Esq.
Evan M. Zucker, Esq.
KABATECK BROWN KELLNER LLP
644 South Figueroa St.
Los Angeles, CA 90017
Telephone: 213-217-5000
- and -
Richard B. Wentz, Esq.
Jean M. Wentz, Esq.
THE WENTZ LAW FIRM
2955 East Hillcrest Dr., Suite 123
Thousand Oaks, CA 91362
Telephone: 805-374-0060
- and -
Andrew N. Friedman, Esq.
Douglas McNamara, Esq.
Stefanie M. Ramirez, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave., NW, Suite 500
Washington, DC 20005
SCRIBD INC: Class Action Copyright Suit Settled & Dropped
---------------------------------------------------------
David Kravets at Wired.com reports that lawyers have abandoned a
closely watched lawsuit against the document-sharing site Scribd
that alleged the site's copyright filtering technology is itself
a form of copyright infringement.
The Texas federal court case broached a novel legal theory that
the U.S. courts have never squarely decided.
Scott v. Scribd, Inc., Case No. 09-cv-03039 (S.D. Tex.),
maintained that the copying and insertion of a copyrighted work
into a filtering system without compensating the copyright
holder, or obtaining their consent, was a violation of the
Copyright Act. The suit said the filters breached copyrights
because Scribd "illegally copies the work into its copyright
protection system" without authorization.
Filtering systems generally compare new uploads to a database of
copyrighted works, or a mathematical hash of those works, in
order to filter out infringing documents. Copyright filtering
technology has quickly become a behind-the-scenes feature on
university sites, user-generated content sites and online social
networking venues. Viacom's $1 billion infringement case against
YouTube did not allege violations after 2007, when Google-owned
YouTube deployed filtering technology.
Scribd, of San Francisco, provides a website with storage,
searching and retrieval of documents.
The dropped case, which sought class action status, was filed
last September by children's writer Elaine Scott, whose 1985
Stocks and Bonds was found on Scribd.
Ironically, Scott targeted Scribd both for trying to block
pirated copies of her book, and for failing to successfully do
so. An infringing copy of Stocks and Bonds was downloaded from
Scribd about 100 times before she sent the company a DMCA
takedown notice.
Brian Mendonca, Scribd's attorney, said the Digital Millennium
Copyright Act provided Scribd safe-harbor protection from Scott's
claim because, as an internet service provider, it removed the
work in question after receiving a takedown notice. What's more,
he said, Scribd had a right of fair use to employ Scott's words
in its filters, which are designed to prevent infringement.
"They realized that Scribd had a very strong protection under the
law," Mendonca said of Scott's lawyers, who did not immediately
return phone messages seeking comment.
One of Scott's lawyers, Kiwi Camara, defended Jammie Thomas-
Rasset, the Minnesota woman who was the nation's first
individual file sharing defendant to go to trial against the
Recording Industry Association of America. Thomas-Rasset was
ordered to pay thousands of dollars in damages.
Camara argued that Thomas-Rasset had a fair use right to file
share on Kazaa.
SEMCRUDE LP: SGLP Shareholder Claims Not Subordinated in Bankr.
---------------------------------------------------------------
The Honorable Brendan Linehan Shannon ruled in In re SemCrude,
L.P., et al., Case No. 08-11525 (Bankr. D. Del.), that securities
fraud claims asserted by Harvest Fund Advisors and other
similarly situated purchasers of shares in SemGroup Energy
Partners, L.P. ("SGLP") -- a non-debtor limited partnership in
SemGroup's corporate family -- should not be subordinated
pursuant to section 510(b) of the Bankruptcy Code because the
statute, by its plain terms, does not apply to the shareholder's
claims. A copy of the decision is available at:
http://www.leagle.com/unsecure/page.htm?shortname=inbco20100716486
SYNGENTA CROP: Trade Groups Fight Subpoenas in Atrazine Lawsuit
---------------------------------------------------------------
Amelia Flood at The Madison Record reports that two trade groups
representing the chemical and fertilizer industries in Illinois
are fighting subpoenas issued in one of a series of class action
cases over alleged water contamination by a popular weed killer.
The Chemical Industry Council of Illinois (CICI), the Illinois
Farm Bureau and Illinois Fertilizer and Chemical Association
(IFCA) both filed appearances and motions to quash subpoenas
issued in the case of Holiday Shores Sanitation District et al
vs. Syngenta Crop Protection Inc. et al July 13.
A potential expert witness, Dr. Don Coursey of the University of
Chicago has also filed a move to thwart a subpoenaed deposition.
Madison County Circuit Judge Barbara Crowder heard arguments on
the motions Monday at an emergency hearing.
Crowder has taken the moves to quash under advisement.
Syngenta is one of a number of makers and distributors of the
weed killer, atrazine, at the heart of a series of class actions
filed in 2004.
Holiday Shores and several other named plaintiffs propose to lead
a class of municipalities and other water providers against the
companies, claiming atrazine runs off farm fields and
contaminates drinking water supplies.
Although the U.S. Environmental Protection Agency has ruled that
atrazine is safe in drinking water up to three parts per billion,
the plaintiffs contend that even smaller amounts can cause health
issues in human beings.
Neither trade group is a party to any of the atrazine class
actions.
Syngenta has moved to stay or dismiss the Madison County suits
filed by Holiday Shores until a nearly identical federal class
action case filed earlier this year by the plaintiffs' lead
attorney, Stephen Tillery, has been resolved.
In that federal case, water providers in Illinois, Missouri,
Kansas and other states allege Syngenta's atrazine has
contaminated their water supplies.
To date, the Madison County suits only contain plaintiffs from
Illinois and no other states.
Crowder, who oversees the Madison County atrazine cases, has
taken Syngenta's move for a dismissal or stay under advisement.
Holiday Shores opposes that move.
Holiday Shores issued the subpoenas to the two trade groups June
29.
In them, the plaintiffs demand the groups turn over documents
related to Syngenta, documents related to the organization's
staff, and documents related to atrazine.
The documents subpoenaed would include any raw data the
organizations have about atrazine, reports about atrazine
compiled by the groups and anything related to training the
organization's staff may have received from Syngenta.
The plaintiffs are also seeking documents related to the Triazine
Network, The Kansas Corn Growers Association, The Kansas Grain
Sorghum Producers Association and Crop Life America.
The subpoenas also include calls for depositions to be given by
Mark Biel and Jean Payne, the heads of the CICI and IFCA
respectively.
In both motions to quash, the CICI and IFCA argue the scope of
the subpoenas is overly broad.
The trade groups argue that the scope is "unduly burdensome to a
non-party."
The groups also argue parts of the subpoenas are improper and
that the subpoenas infringe upon the groups' guaranteed free
speech rights under the First Amendment.
Crowder had previously denied a discovery request by Holiday
Shores that sought to gain documents related to Syngenta's trade
group activities, a move now cited by the two groups.
"Plaintiffs should not be able to obtain through a back door,
i.e. [the CICI or IFCA], what it was not able to obtain through
Syngenta's front door," the motions to quash read.
If Crowder does not grant the motions to quash, the groups ask
that she in the alternative enter protective orders.
No date is set as yet for a hearing on the motions to quash
according to the case's docket sheet.
Kurtis Reeg represents Syngenta in the Madison County case.
Edward Dwyer and Jennifer Martin of Hodge Dwyer & Driver of
Springfield represent both the CICI and IFCA.
The Syngenta atrazine case is Madison case number 04-L-710.
The atrazine cases are case numbers 04-L-708 to 04-L-713.
TEXAS: Bulk Obtainment of DMV Records Legal, 5th Circuit Rules
--------------------------------------------------------------
Annie Youderian at Courthouse News Service reports that
businesses can buy and resell motor vehicle records in bulk
without actually using them, so long as they intend to use them
for "permissible purposes," the 5th Circuit ruled, dismissing six
class actions challenging the practice.
Under the Driver's Privacy Protection Act (DPPA), businesses must
demonstrate a "lawful purpose" for obtaining DMV records
containing drivers' names, photographs, Social Security numbers
and other personal information. Private companies can use this
information to prevent insurance fraud, verify a worker's
driver's license, notify the owner of a towed or impounded
vehicle, and conduct research and surveys, among other
permissible uses. Government agencies, law enforcement officers
and licensed private investigators are also authorized to use DMV
records.
A class of Texas residents accused the state of disclosing their
motor vehicle records in bulk to businesses that merely wanted to
maintain databases or resell the information without using it.
The class claimed that simply keeping records for future use was
an "impermissible purpose" under federal law.
The New Orleans-based federal appeals court disagreed, upholding
a federal judge's dismissal of the case.
"We hold that this type of bulk obtainment does not violate the
DPPA," Judge William Garwood wrote for the three-judge panel.
"The text of the statute strongly indicates that it allows both
individual and bulk distribution."
The panel concluded that it's legal for someone to buy DMV
records in bulk "for the purpose of making permissible actual
use" of those records, "even if that person does not actually use
every single item of information therein."
Defendants included research companies, online database
operators, grocery chains, insurance companies, employee
screening services, technology businesses and consulting
companies.
A copy of the decision in Taylor, et al. v. Acxiom Corporation,
et al., No. 08-41083 (5th Cir.), is available at
http://is.gd/dxBOM
VALE LIMITED: Residents Get C$36 Mil. for Nickel Contamination
--------------------------------------------------------------
The Sudbury Star reports that Port Colborne, Ontario, residents
have won $36 million in a class action lawsuit against Vale
Limited based on the loss of property values because of nickel
emission contamination.
Ontario Superior Court Justice Joseph Henderson released his
decision last week following an October 2009 trial.
Residents in the class action said their property values
decreased once it became known in 2000 Inco -- known as Vale Inco
during trial, and now Vale -- had contaminated property while it
operated its Port Colborne refinery. The refinery section of the
plant closed in 1984.
In his decision, Henderson divided the award among about 6,500
households based on proximity to the plant.
Peter Grondin has lived across the road from the plant for 50
years. He said he's expecting $23,000 through the settlement, a
paltry sum considering everything he's put up with.
Grondin said his bank recently turned down a home improvement
loan citing contaminated soil even though Vale replaced soil in
the yards throughout the neighbourhood a few years ago.
Lawyer Eric Gillespie, who represented residents in the class
action, said the decision was "a very positive one to come out of
a lengthy process."
Henderson did not award punitive damages against Vale in his
decision. "Inco conduct has not been so malicious or oppressive
that it offends the court's sense of decency," the judge ruled.
He said Inco engaged in a lawful business operation in Port
Colborne for many years "and provided gainful employment to many
people, including those who are members of the class in this
action."
The company also generally complied with Ministry of the
Environment regulations, he said.
Nevertheless, the judgment represents a significant precedent in
environmental class-action lawsuits, experts say.
It is one of the first class actions to have gone to trial and
the trial judge had to deal with several novel issues, such as
how to calculate damages on a class-wide basis and how to apply a
limitation period to the entire class. Further, it demonstrates
the potential viability of environmental class actions, James
Sullivan, an environmental lawyer with Blakes, said.
"The award of significant damages arising from operations that
ceased in 1984 will be of concern for any current or past
commercial operation," he said. "Given the novel issues
determined in this class action trial, it is likely that it will
be appealed."
Vale has a month from the judgment date to appeal the ruling.
* Ten Plaintiffs Now Required for Class Action Suits in Poland
--------------------------------------------------------------
Thenews.pl reports that a new law on class action lawsuits comes
into effect this week. Under the regulations a minimum of ten
people may press charges against a given company, and split court
costs.
An employee of a legal counselling firm, Karol Ciszak, believes
the effectiveness and popularity of collective lawsuits in the
country is all up to the efficiency of Polish courts.
"It will certainly be a great challenge for Polish courts,"
Ciszak told Polish Radio, "as they have never dealt with
representative action before. It's a new institution and we'll
see how it works in practice. There may be many plaintiffs, and
so the active role of courts may be decisive in the application
and in benefits gained in the Polish judiciary."
The Polish model of class action lawsuits rules out, however,
that the damages may exceed the costs of losses incurred, as is
the case in the United States, and will rather resemble the
Swedish model, where the number of such lawsuits remains very
low.
That is why to many companies the greatest risk involved is the
dent in one's reputation. Property developers, airlines,
insurance companies, and are just some of the industry branches
exposed to such legal action.
Meanwhile, the citizens of Piaseczno, central Poland, have filed
the very first class action lawsuit. They demand to determine the
authorities responsible for poor flood prevention measures in
their area, which have left their houses under water in storms
that hit central and southern parts of the country in June.
* Innovest & Chicago Clearing Team Up to Track Securities Claims
----------------------------------------------------------------
Innovest Systems, LLC, a financial technology firm specializing
in trust accounting and wealth management solutions, today
announced that it has entered into an agreement with Chicago
Clearing Corporation, a premier claims filing specialist in
securities class action settlements. Through this partnership,
Innovest's clients will have access to a comprehensive solution
which ensures that all securities claims are accurately
identified, qualified and filed, and that award payments are
properly distributed.
"We are pleased to create this partnership with Chicago Clearing
Corporation. It will simplify the previously onerous task of
filing claims for securities class action settlements. Industry
experts are predicting that the current economic climate will
likely result in increased litigation. Our goal is to help our
clients properly identify, qualify and file claims," said
Innovest Systems' chief executive officer:
William J. Thomas
INNOVEST SYSTEMS
74 Trinity Place, 18th Floor
New York, NY 10006
Telephone: (212) 266-6677
E-mail: wthomas@innovestsystems.com
Brad Sutton, operations manager at Trust Company of the South,
added, "Working with Innovest Systems and Chicago Clearing
Corporation to manage our class action claims allows our firm to
replace a labor-intensive and largely manual process for our
trust department with a much more automated solution.
Importantly, this enhanced capability allows us to minimize cost
while maximizing return for our clients."
Chicago Clearing Corporation's chief executive officer:
James Tharin
Chicago Clearing Corporation
404 South Wells Street, Suite 600
Chicago, IL 60607
Telephone: (312) 204-6970
E-mail: jtharin@chicagoclearing.com
said, "We are looking forward to partnering with Innovest. This
arrangement will allow us to bring substantial benefit to an
expanding client base as we continue our mission to retrieve
funds owed to harmed investors. Innovest's clients can rest
assured that Chicago Clearing Corporation's considerable
experience, expertise, and dedication makes us especially
qualified to manage their class action settlement claims."
About Innovest Systems
Innovest Systems, LLC -- http://www.innovestsystems.com/-- is a
financial technology firm that provides technology-driven
solutions to trust and wealth management companies. With assets
worth tens of trillions of dollars transferring between
generations over the coming decades, Innovest's flagship product,
InnoTrust, is designed to deliver a secure, integrated, real-time
system offered in an Application Service Provider (ASP)
environment. Innovest's technology is designed to meet the needs
of smaller independent trust and wealth management companies, as
well as the world's largest global financial services firms.
Innovest is headquartered in the financial district of New York
City.
About Chicago Clearing
Chicago Clearing Corporation -- http://www.chicagoclearing.com/
-- is a premier claims filing specialist in securities class
action settlements. CCC serves a wide range of investors, such as
bank trust departments, investment advisors, money managers,
mutual funds, pension funds, hedge funds, brokerage firms, family
offices, high net worth individuals, market makers, specialists,
proprietary trading firms and professional traders. No matter the
type of investor, CCC brings to bear its considerable and
extraordinary experience to aggressively retrieve every dime owed
the harmed investor.
*********
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, Rousel Elaine
Fernandez, 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 * * *