/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/101006.mbx C L A S S A C T I O N R E P O R T E R Wednesday, October 6, 2010, Vol. 12, No. 197 Headlines AMERICAN INT'L: Not Guilty of Fraud in Madoff-Linked Class Suit ASPENBIO PHARMA: Rosen Law Files Securities Fraud Class Suit BEN & JERRY'S: Sued for Deceptive and Misleading Advertising EBAY INC: Court Grants Motion to Certify Class in Auction Suit ENTERPRISE GP: Being Sold to EPE for Too Little, Suit Says LONDON LIFE: Ontario Court Rules in Favor of Policyholders LOUISIANA: Sued Over Plan to Cut Home-Care Medicaid Services MILLENNIUM PRODUCTS: Accused in Calif. of Deceptive Advertising OCCAM NETWORKS: Being Sold to Calix for Too Little, Suit Says PHILIP MORRIS: Appeal to ADESF's Right to Sue Pending in Brazil PHILIP MORRIS: Sao Paolo Suit Returned to Seventh Civil Court PHILIP MORRIS: Smokers' Complaint in Bulgaria Not Yet Served PHILIP MORRIS: October 2011 Trial Set in "Letourneau" Suit PHILIP MORRIS: Trial in Sante/Blais Suit Set for October 2011 PHILIP MORRIS: Defends "Kunta" Suit in Winnipeg, Canada PHILIP MORRIS: Preliminary Motions in "Adams" Suit Pending PHILIP MORRIS: Defends "Semple" COPD-Related Suit in Nova Scotia PHILIP MORRIS: Has Yet to Be Served "Dorion" Complaint PHILIP MORRIS: Faces "McDermid" Suit in British Columbia PHILIP MORRIS: Faces "Bourassa" Suit in Canada PHILIP MORRIS: Unit Continues to Defend "El-Roy" Suit in Israel PHILIP MORRIS: "Navon" Action in Israel Remains Stayed PHILIP MORRIS: "Numberg" Against Subsidiaries Terminated PHILIP MORRIS: No Trial Date Yet in Kansas Antitrust Lawsuit PHILIP MORRIS: Defends Suit in Ontario Over Breach of Contract SOUTHERN WINE: Removes "Gagner" Labor Complaint to N.D. Calif. TARGET CORP: Accused in Calif. Suit of Not Paying Wages ********* AMERICAN INT'L: Not Guilty of Fraud in Madoff-Linked Class Suit --------------------------------------------------------------- Sean P. Carr at A. M. Best reports a federal judge sided with American International Group Inc. in a potential class-action lawsuit brought by victims of Bernard Madoff's pyramid scheme. AIG is not responsible for paying $30,000 to a California couple who claimed they lost millions invested with Bernard L. Madoff Investment Securities, U.S. District Court Judge Paul Crotty ruled. Robert and Harlene Horowitz claimed the AIG Fraud SafeGuard component of their homeowners policy entitled them to the maximum payout. They also sought class-action status to include all holders of similar AIG policies who lost money when Madoff "fraudulently used plaintiffs" and all other class members' investments to perpetuate the largest Ponzi scheme in history, according to an August 2009 court filing (BestWire, Aug. 20, 2009). The Horowitz's lawsuit, filed in the U.S. District Court of the Southern District of New York, claimed an account of more than $8.5 million, as reflected in a November 2008, Madoff statement. The couple had been investing with BMIS for about 11 years, and they held a homeowners policy with AIU Holdings Inc. and American International Insurance Company of California that covered losses "directly from fraud, embezzlement, or forgery" (BestWire, Aug. 20, 2009). Judge Crotty cited legal precedents, including a finding by a U.S. Bankruptcy Court judge in the Madoff case, in ruling that the claimed losses never really existed. Losses should be based on clients' original investments, not phantom windfalls, he said. "The money reflected in the final account statement was not taken from the plaintiffs by fraud; rather, it never belonged to them, or even existed, in the first place due to fraud. Therefore, they did not lose this money; they lost the mistaken belief that they owned this money," Judge Crotty wrote. In its response, AIG claimed the Horowitzes actually received a $225,000 net gain on their investment. "We're pleased with the court's decision that this case had no merit and rejected the attempt to attain a windfall," AIG spokesman Mark Herr said. Mr. Madoff, the New York investment adviser found guilty of losing $50 billion of his clients' funds in a massive fraud, is now serving a life sentence at a federal correctional facility in North Carolina. The Horowitzes will appeal the ruling, said their attorney, Brad Friedman of Milberg LLP in New York City. ASPENBIO PHARMA: Rosen Law Files Securities Fraud Class Suit ------------------------------------------------------------ The Rosen Law Firm Friday disclosed that it has filed a class action lawsuit on behalf of investors who purchased the common stock of AspenBio Pharma, Inc. between February 22, 2007 and July 19, 2010, inclusive. To join the AspenBio class action, visit the firm's website at http://www.rosenlegal.com,or call Laurence Rosen, Esq. or Phillip Kim, Esq., toll-free, at 866-767-3653; you may also email lrosen@rosenlegal.com or pkim@rosenlegal.com for information on the class action. The class action is pending in the U.S. District Court for Central District of California. NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN ONE. YOU MAY CHOOSE TO DO NOTHING AT THIS POINT AND REMAIN AN ABSENT CLASS MEMBER. The Complaint asserts violations of the federal securities laws against AspenBio and certain of its officers and directors for issuing materially false and misleading statements about the effectiveness of AppyScore as a test to diagnose appendicitis. According to the Complaint, Defendants were aware or recklessly disregarded information that AppyScore was not effective in detecting appendicitis as it could not differentiate between appendicitis and other medical conditions. According to the Complaint, this adverse information caused the Company's stock to drop, causing investors substantial losses. If you wish to serve as lead plaintiff, you must move the Court no later than November 30, 2010. If you wish to join the litigation, or to discuss your rights or interests regarding this class action, please contact Laurence Rosen, Esq. or Phillip Kim, Esq. of The Rosen Law Firm, toll-free, at 866-767-3653, or via e-mail at lrosen@rosenlegal.com or pkim@rosenlegal.com You may also visit the firm's website at http://www.rosenlegal.com/ The Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. CONTACT: Laurence Rosen, Esq. Phillip Kim, Esq. THE ROSEN LAW FIRM P.A. 350 5th Avenue, Suite 5508 New York, NY 101118 Telephone: (212) 686-1060 1-866-767-3653 Weekends Tel: (917) 797-4425 Facsimile: (212) 202-3827 E-mail: lrosen@rosenlegal.com pkim@rosenlegal.com BEN & JERRY'S: Sued for Deceptive and Misleading Advertising ------------------------------------------------------------ Skye Astiana, on behalf of herself and others similarly situated v. Ben & Jerry's Homemade, Inc., Case No. 10-cv-04387 (N.D. Calif. September 29, 2010), accuses the Unilever unit and maker of the Ben & Jerry's brand of ice cream products of falsely labeling its ice cream products as "all natural", when in fact it uses a synthetic ingredient in the form of alkalized cocoa (a non-natural processed ingredient that additionally contains potassium carbonate, a man made synthetic ingredient) in its ice cream products, in violation of the Calif. Bus. & Prof. Code. The Plaintiff says that B&J has been unjustly enriched at her and the other class members' expense. They, therefore, seek restitution in such amount that they paid to purchase B&J ice cream products, or the profits B&J obtained from those transactions. The Plaintiff demands a trial by jury. Maria Dinzeo at Courthouse News Service reports that 30 ice cream flavors are named in the complaint, including "Chubby Hubby," "Cherry Garcia," "Chunky Monkey," and "Karamel Sutra," as well as three frozen yogurt and three popsicle flavors. Ms. Astiana says she relied on Ben & Jerry's claims that its "All Natural Chocolate Fudge Brownie Ice Cream" was exactly that -- but it contains the synthetic ingredient potassium carbonate, from cocoa processed with alkali, which "changes the chemical structure, taste and appearance of cocoa and reduces its acidity and flavenol content." The Center for Science in the Public Interest filed a complaint with the Food and Drug Administration against Ben & Jerry's this year, and "warned as early as 2002 that B&J had been misbranding their products as 'all natural' when in truth they were not," according to the complaint. "Over the past 30 years B&J has cultivated and reinforced a corporate image that has catered to this 'all natural' theme and have boldly emblazoned this moniker on each and every one of its ice cream products despite the fact that it uses a synthetic ingredient in the form of alkalized cocoa," the class claims. "As a matter of its self characterized socially conscious corporate morality, and as a matter of law, B&J must now reconcile its labeling with the true content of its products." The class demands restitution and an order enjoining Ben & Jerry's allegedly misleading ads. The class is represented by Janet Linder Spielberg of Los Angeles. A copy of the Complaint in Astiana v. Ben & Jerry's Homemade, Inc., Case No. 10-cv-04387 (N.D. Calif.), is available at: http://www.courthousenews.com/2010/09/30/BenJerrys.pdf The Plaintiff is represented by: Janet Lindner Spielberg, Esq. LAW OFFICES OF JANET LINDNER SPIELBERG 12400 Wilshire Blvd., #400 Los Angeles, CA 90025 Telephone: 310-392-8801 E-mail: jlspielberg@jlslp.com - and - Michael D. Braun, Esq. BRAUN LAW GROUP, P.C. 10680 West Pico Blvd., Suite 280 Los Angeles, CA 90064 Telephone: 310-836-6000 E-mail: service@braunlawgroup.com - and - Joseph N. Kravee, Jr., Esq. Ellen M. Doyle, Esq. STEMBER FEINSTEIN DOYLE PAYNE & CORDES LLC Allegheny Bldg., 17th Floor 429 Forbes Ave. Pittsburg, PA 15219 Telephone: 412-281-8400 E-mail: jkravec@stemberfeinstein.com edoyle@stemberfeinstein.com EBAY INC: Court Grants Motion to Certify Class in Auction Suit -------------------------------------------------------------- Ina Steiner, writing for AuctionBytes.com, reports two sellers sued eBay separately in 2007 alleging that eBay failed to give them the full duration for their auctions listings. Michael Ewert filed a class-action lawsuit against eBay in April, alleging that "customers routinely receive less auction time than they paid and selected." The Missing Link Inc. filed a similar lawsuit that August. Three years later and the Court has granted the motion to certify class and will rule on whether the two cases should be consolidated. eBay argued that the plaintiffs were not typical of the class "because the class includes many sophisticated business entities likely to have interests and motivations different from those of named plaintiffs" -- in class action lawsuits, the claims of the representative parties must be typical of those of the class. eBay also contended there was a conflict of interest between named plaintiffs and other class members because named plaintiffs are seeking an injunction requiring eBay to extend the duration of a listing whenever there is a delay to compensate for lost listing time. According to eBay, many sellers want their listings to end at a specific time and thus would be harmed rather than benefited from such an injunction. In addition, eBay argued that damages for breach of contract could not be established using class-wide evidence because "(1) there is insufficient data on the duration of listing delays; (2) plaintiffs cannot prove that any damages exist; and (3) even if there are damages in individual cases, there is no way to determine which class members are entitled to damages and the amount of damages to which they are entitled." Nevertheless, the Court granted plaintiff's motion to certify class on Thursday, with the class defined as follows: "All eBay customers, beginning on April 20, 2003, who advertised a listing for sale on eBay.com using the Sell Your Item form and using the "start listing when submitted" default selection for listing start time. Excluded from the class are (a) claims based on listings with the "Buy It Now" option where the item was sold at the "Buy It Now" price; (b) defendant eBay and its subsidiaries, affiliates, officers, directors, agents and employees; (c) any government entity; (d) any judge or judicial officer presiding over this matter and his or her immediate family members ; (e) claims for personal injury and wrongful death; and (e) any and all legal representatives of the parties and their employees." The court denied class certification of plaintiffs' CLRA (Consumers Legal Remedies Act) claim and denied their motion to strike eBay's expert report. A hearing is scheduled for November 5 on the question of whether the two cases should be consolidated and the appointment of class counsel; briefs are due by October 15, 2010. Ewert v. eBay Inc. documents can be found on the Justia.com Web site. ENTERPRISE GP: Being Sold to EPE for Too Little, Suit Says ---------------------------------------------------------- Courthouse News Service reports that Enterprise GP Holdings is selling itself too cheaply through an unfair process to EPE Holdings, for $9 billion or the equivalent of $57.68 per share, shareholders claim in Delaware Chancery Court. LONDON LIFE: Ontario Court Rules in Favor of Policyholders ---------------------------------------------------------- Lead class action plaintiffs James Jeffery, D'Alton Rudd and John McKittrick Sunday disclosed that the Ontario Superior Court of Justice, by Madam Justice J.N. Morissette released a judgment dated October 1, 2010 in London Ontario allowing the claims of participating policyholders of London Life Insurance Company and the Great-West Life Assurance Company and ordering payment by these companies of $455.7 million. The judgment follows a 45 day trial held in London, Ontario which contested the transfer of $180 million from the participating policyholder accounts of London Life and $40 million from the participating policyholder accounts of Great-West Life in order to finance the 1997 takeover of London Insurance Group. The court held that the defendant companies breached s. 462, and other sections of the Insurance Companies Act which prohibits transfers from the participating accounts of federally incorporated life insurers. The court conducted an analysis of the facts underlying the transaction and concluded at paragraph 105 of the judgment: "This Court, therefore finds that the $220 million payment involved a transfer of cash in contravention of s. 462 of the ICA". The court reviewed the conduct of the companies, their auditors and external advisors and concluded that the accounting for the par account transactions failed to comply with Generally Accepted Accounting Principles (GAAP) contrary to s. 331(4) of the Insurance Companies Act. The plaintiffs were pleased with the result. "We look forward to working with London Life and Great-West Life to implement the requirements of the judgment for the benefit of participating policyholders. We also look forward to Office of the Superintendant of Financial Institutions' active involvement in correcting the companies' conduct in respect of the par account transactions" said Mr. Jeffery. The class is represented by Harrison Pensa LLP and Bates Barristers. A copy of the judgment and other details respecting the actions can be found at http://www.harrisonpensa.com/ CJOB 68 also reports Great-West Lifeco has been ordered to pay $372 million to policyholders of London Life and $84 million to those of Great West Life. Great-West Lifeco intends to launch an appeal, believing "significant aspects" of the decision are "in error". LOUISIANA: Sued Over Plan to Cut Home-Care Medicaid Services ------------------------------------------------------------ Sabrina Canfield at Courthouse News Service reports that Louisiana wants to cut home-care Medicaid services for nearly 11,000 severely disabled poor people and institutionalize them, a class action claims in Federal Court. Louisiana faces a $1.6 billion budget deficit. Like many states, it is trying to slash spending, but similar class actions in other states have pointed out that institutionalizing disabled people will cost the states more in the long run. More than 80% of Louisiana's Medicaid money comes from the federal government, and if the state accepts the money, it must comply with federal rules, the class claims. If the Medicaid-funded program in question is changed, as the state has requested, disabled care will fall to nursing facilities and other state-run institutions. The four named plaintiffs range in age from 30 and 78 and suffer from severe chronic conditions, including paralysis, stroke, chronic heart failure and multiple sclerosis. "None of them wants to leave their homes, friends, and families and to go into a nursing home in order to receive the same Medicaid-funded services that they presently receive in the community," the complaint states. "They are all at risk of institutionalization if their Long Term-Personal Care Services are reduced and capped, as the defendants propose." The plaintiffs have been receiving home-care assistance through the Medicaid-funded Long Term-Personal Care Services Program. The assistance, which includes bathing, dressing, eating, bowel and bladder care, meal preparation and clean-up, shopping, and laundry, has kept the plaintiffs in their homes and communities. Plaintiff Rickii Ainey, 30, has been disabled her whole life with congenital arthritis that has paralyzed her from the waist up. She lives alone in New Orleans and needs assistance with all activities of daily living. She cannot prepare meals or shop without assistance. According to the complaint, Ainey's "mother lives nearby but refuses to assist her daughter. Ms. Ainey has a sister who lives in Arkansas and four brothers who live in New Orleans. Her brothers cannot provide the intimate personal care she needs, and Ms. Ainey does not believe they are responsible enough to help her on a regular basis. "Ms. Ainey attempted suicide in December of 2006. The primary reason for the suicide attempt was the fact that she had no personal care assistance." Under the Americans with Disabilities Act, "institutionalization and segregation are prohibited forms of discrimination against individuals with disabilities," the complaint states. "The ADA therefore requires that a public entity administer its services, programs and activities in the 'most integrated setting appropriate' to the needs of qualified individuals with disabilities." Due to its projected $1.6 billion budget deficit, every department of state government, including public universities, has been asked to review its budget and trim it by 35%, according to press reports. But the state Medicaid program receives federal dollars and must comply with federal regulation. "Federal Medicaid funds make up 81.48% of Louisiana Medicaid payments," according to the complaint. "States are not required to participate in the Medicaid program, but if they do so, they must operate their programs within federal statutory and regulatory provisions. They must adopt a state plan that delineates the standards for determining eligibility and identifies the extent of Medicaid benefits. . . ." "Nationally, the mean number of hours of personal assistance services that persons who require assistance for four ADLs receive per week is 85.9 hours." (ADLS are Activities of Daily Living: eating, using the toilet, moving, and moving around in bed.) Until this past March, the maximum amount of care a disabled person in Louisiana could receive was 56 hours per week. After March, that number dropped to 42 hours. In August, the Louisiana Department of Health and Hospitals "announced that it was again changing the method of deciding the number of hours allocated and reducing the maximum numbers of hours of . . . service that recipients could receive, from 42 to 32 hours per week," the complaint states. "The proposed class consists of Louisiana residents with disabilities who are recipients or prospective recipients of Medicaid-funded services through the LT-PCS program; who desire to continue to reside in the community instead of in a nursing facility; who can reside in the community with appropriate Medicaid-funded LT-PCS services; and who are at risk of being forced to enter a nursing home because defendants plan to reduce the level of community-based services." As of April this year, the Louisiana Department of Health and Hospitals reported there were 10,878 people statewide receiving Medicaid LT-PCS services. The class seeks wants the reduction of services proposed by the Louisiana Department of Health and Hospitals under Secretary Bruce Greenstein enjoined as violations of the Americans with Disabilities Act and the Medicaid Act. A copy of the Complaint in Pitts, et al. v. Greenstein, et al., Case No. 10-cv-00635 (M.D. La.) (Brady, J.), is available at: http://www.courthousenews.com/2010/09/30/LaMedicaid.pdf The Plaintiffs are represented by: Nell Hahn, Esq. ADVOCACY CENTER 600 Jefferson St., Suite 812 Lafayette, LA 70501 Telephone: 337-237-7380, ext. 11 E-mail: nhahn@advocacyla.org - and - Stephen F. Gold, Esq. LAW OFFICE OF STEPHEN F. GOLD 1709 Benjamin Franklin Parkway, Second Floor Philadelphia, PA 19103 Telephone: 215-627-7100, ext. 227 E-mail: stevegoldada@cs.com MILLENNIUM PRODUCTS: Accused in Calif. of Deceptive Advertising --------------------------------------------------------------- Courthouse News Service reports that Millennium Products pushes its GT's Organic Raw Kombucha and Synergy drinks with unsubstantiated claims, and without warning of the dangers of kombucha, a class action claims in Los Angeles Federal Court. A copy of the Complaint in Patch v. Millennium Products, Inc., Case No. 10-cv-07244 (C.D. Calif.), is available at: http://www.courthousenews.com/2010/09/29/CCAKombucha.pdf The Plaintiff is represented by: William A. Levin, Esq. LEVIN SIMES KAISER GORNICK, LLP 44 Montgomery St., 36th Floor San Francisco, CA 94104 Telephone: 415-646-7160 E-mail: wlevin@lskg-law.com - and - Fletcher V. Trammell, Esq. Justin C. Jenson, Esq. BAILEY PERRIN BAILEY The Lyric Centre 440 Louisiana St., Suite 2100 Houston, TX 77002 Telephone: 713-425-7100 E-mail: ftrammell@bpblaw.com jjenson@bpblaw.com - and - W. Craft Hughes, Esq. CRAFT HUGHES LAW, P.C. Three Allen Center 333 Clay St., Suite 4720 Houston, TX 77002 Telephone: 713-857-4106 E-mail: craft@crafthugheslaw.com OCCAM NETWORKS: Being Sold to Calix for Too Little, Suit Says ------------------------------------------------------------- Courthouse News Service reports that Occam Networks is selling itself too cheaply to Calix through a "hopelessly flawed process," for $171 million or the equivalent of $7.75 a share, shareholders say in Santa Barbara Superior Court. A copy of the Complaint in Moghaddam v. Occam Networks, Inc., et al., Case No. 1371802 (Calif. Super. Ct., Santa Barbara Cty.), is available at: http://www.courthousenews.com/2010/09/30/SCA.pdf The Plaintiff is represented by: Francis M. Gregorek, Esq. Betsy C. Manifold, Esq. Rachele R. Rickert, Esq. Patrick H. Moran, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 750 B St., Suite 2770 San Diego, CA 92101 Telephone: 619-239-4599 - and - Bruce G. Murphy, Esq. LAW OFFICES OF BRUCE MURPHY 265 Llwyds Lane Vero Beach, FL 32963 Telephone: 772-231-4202 - and - Alison Leffew, Esq. 80 Royal Palm Point #202 Vero Beach, FL 32960-4227 Telephone: 772-770-6110 PHILIP MORRIS: Appeal to ADESF's Right to Sue Pending in Brazil --------------------------------------------------------------- A constitutional appeal in a class-action lawsuit which names a subsidiary of Philip Morris International, Inc., as a defendant, remains pending in the Federal Supreme Court in Brazil. The suit is The Smoker Health Defense Association v. Souza Cruz, S.A. and Philip Morris Marketing, S.A. The complaint was filed in the Nineteenth Lower Civil Court of the Central Courts of the Judiciary District of Sao Paulo, Brazil, on July 25, 1995. The class-action complaint alleged personal injury in relation to smoking. The plaintiff, a consumer organization, is seeking damages for smokers and former smokers, as well as injunctive relief. In February 2004, the trial court found defendants liable without hearing evidence. The court did not assess moral or actual damages, which were to be assessed in a second phase of the case. The size of the class was not defined in the ruling. In April 2004, the court clarified its ruling, awarding "moral damages" of BRL1,000 (approximately $580) per smoker per full year of smoking plus interest at the rate of 1% per month, as of the date of the ruling. The court did not award actual damages, which were to be assessed in the second phase of the case. The size of the class still has not been estimated. Defendants appealed to the Sao Paulo Court of Appeals, and the case, including the execution of the judgment, was stayed pending appeal. In November 2008, the Sao Paulo Court of Appeals annulled the ruling finding that the trial court had inappropriately ruled without hearing evidence and returned the case to the trial court for further proceedings. In addition, the defendants have filed a constitutional appeal to the Federal Supreme Court on the basis that the consumer association did not have standing to bring the lawsuit. This appeal is still pending, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Sao Paolo Suit Returned to Seventh Civil Court ------------------------------------------------------------- A class action against a subsidiary of Philip Morris International, Inc., will now be returned to the Seventh Civil Court of Sao Paulo after the Sao Paulo Court of Appeals reversed the Seventh Civil Court's ruling. The suit was filed Aug. 6, 2007, and captioned Public Prosecutor of Sao Paulo v. Philip Morris Brasil Industria e Comercio Ltda, Civil Court of the City of Sao Paulo, Brazil. The class-action lawsuit generally alleging personal injury in relation to smoking. The plaintiff, the Public Prosecutor of the State of Sao Paulo, is seeking: (1) unspecified damages on behalf of all smokers nationwide, former smokers, and their relatives; (2) unspecified damages on behalf of people exposed to environmental tobacco smoke nationwide, and their relatives; and (3) reimbursement of the health care costs allegedly incurred for the treatment of tobacco-related diseases by all 26 States, approximately 5,000 Municipalities, and the Federal District. In an interim ruling issued in December 2007, the trial court limited the scope of this claim to the State of Sao Paulo only. The company's subsidiary was served with the claim in February 2008, and filed its answer to the complaint in March 2008. In December 2008, the trial court issued a decision declaring that it lacked jurisdiction and transferred the case to the Nineteenth Lower Civil Court in Sao Paulo where the suit The Smoker Health Defense Association (ADESF) v. Souza Cruz, S.A. And Philip Morris Marketing, S.A., is pending. The Court further stated that the two cases should be consolidated for the purposes of judgment. The company's subsidiary appealed this decision to the State of Sao Paulo Court of Appeals, which subsequently declared the case stayed pending the outcome of the appeal. In April 2010, the Sao Paulo Court of Appeals reversed the Seventh Civil Court's decision that consolidated the two cases, finding that they are based on different legal claims and are progressing at different stages of proceedings. This case will now be returned to the Seventh Civil Court of Sao Paulo, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Smokers' Complaint in Bulgaria Not Yet Served ------------------------------------------------------------ The subsidiaries of Philip Morris International, Inc., which were named as defendants in a purported class-action lawsuit in Bulgaria, entitled, Yochkolovski v. Sofia BT AD, et al., has not yet been served with the complaint. The class-action lawsuit was filed in the Sofia City Court, Bulgaria, on March 12, 2008. The plaintiff brought a collective claim on behalf of classes of smokers who were allegedly misled by tar and nicotine yields printed on packages and on behalf of a class of minors who were allegedly misled by marketing. Plaintiff seeks damages for economic loss, pain and suffering, medical treatment, and withdrawal from the market of all cigarettes that allegedly do not comply with tar and nicotine labeling requirements. The trial court dismissed the youth marketing claims. This decision has been affirmed on appeal. The trial court also ordered plaintiff to provide additional evidence in support of the remaining claims as well as evidence of his capacity to represent the class and bear the costs of the proceedings. The company's subsidiaries have not been served with the complaint. No updates were reported in the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: October 2011 Trial Set in "Letourneau" Suit ---------------------------------------------------------- The Quebec Superior Court, Canada, has set an October 2011 trial date in the class-action suit styled Cecilia Letourneau v. Imperial Tobacco Ltd., Rothmans, Benson & Hedges Inc. and JTI Macdonald Corp., which names Philip Morris International, Inc.'s subsidiary as a defendant. The suit was filed in September 1998, against the company's subsidiary and two other Canadian manufacturers. The plaintiff, an individual smoker, is seeking compensatory and unspecified punitive damages for each member of the class who is deemed "addicted" to smoking. The class was certified in 2005. Defendants' motion to dismiss on statute-of-limitations grounds was denied on May 5, 2008. Pre-trial discovery is ongoing. A trial date has been scheduled for October 2011, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Trial in Sante/Blais Suit Set for October 2011 ------------------------------------------------------------- The Quebec Superior Court, Canada, has set October 2011 as the target trial date in the class-action suit styled Conseil Quebecois Sur Le Tabac Et La Sante and Jean-Yves Blais v. Imperial Tobacco Ltd., Rothmans, Benson & Hedges Inc. and JTI Macdonald Corp., which names Philip Morris International, Inc.'s subsidiary as a defendant. The suit was filed in November 1998, against the company's subsidiary and two other Canadian manufacturers. The plaintiffs, an anti-smoking organization and an individual smoker, are seeking compensatory and unspecified punitive damages for each member of the class who suffers from certain smoking- related diseases. The class was certified in 2005. Pre-trial discovery is ongoing. A trial date has been scheduled for October 2011, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Defends "Kunta" Suit in Winnipeg, Canada ------------------------------------------------------- Philip Morris International, Inc., defends a class action suit captioned Kunta v. Canadian Tobacco Manufacturers' Council, et al., filed in The Queen's Bench, Winnipeg, Canada. The suit was filed June 12, 2009, against the company, its subsidiaries, and the company's indemnitees, PM USA and Altria Group, Inc., and other members of the industry. The plaintiff, an individual smoker, alleges her own addiction to tobacco products and chronic obstructive pulmonary disease, severe asthma, and mild reversible lung disease resulting from the use of tobacco products. She is seeking compensatory and unspecified punitive damages on behalf of a proposed class comprised of all smokers, their estates, dependents and family members, as well as restitution of profits, and reimbursement of government health care costs allegedly caused by tobacco products. The company, its subsidiaries, and its indemnitees have been served with the complaint, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Preliminary Motions in "Adams" Suit Pending ---------------------------------------------------------- Preliminary motions in the matter Adams v. Canadian Tobacco Manufacturers' Council, et al., is pending. The class action was filed in The Queen's Bench, Saskatchewan, Canada, on July 10, 2009, against the company, its subsidiaries, and the company's indemnitees, PM USA and Altria Group, Inc., and other members of the industry are defendants. The plaintiff, an individual smoker, alleges her own addiction to tobacco products and chronic obstructive pulmonary disease, resulting from the use of tobacco products. She is seeking compensatory and unspecified punitive damages on behalf of a proposed class comprised of all smokers who have smoked a minimum of 25,000 cigarettes and have suffered, or suffer, from chronic obstructive pulmonary disease, emphysema, heart disease, or cancer as well as restitution of profits. The company, its subsidiaries, and the company's indemnitees have been served with the complaint. Preliminary motions are pending, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Defends "Semple" COPD-Related Suit in Nova Scotia ---------------------------------------------------------------- Philip Morris International, Inc., defends a class action suit captioned Semple v. Canadian Tobacco Manufacturers' Council, et al., filed in The Supreme Court (trial court), Nova Scotia, Canada. The class action was filed on June 18, 2009, against the company, its subsidiaries, and its indemnitees, PM USA and Altria Group, Inc., and other members of the industry. The plaintiff, an individual smoker, alleges his own addiction to tobacco products and chronic obstructive pulmonary disease resulting from the use of tobacco products. He is seeking compensatory and unspecified punitive damages on behalf of a proposed class comprised of all smokers, their estates, dependents and family members, as well as restitution of profits, and reimbursement of government health care costs allegedly caused by tobacco products. The company, its subsidiaries, and its indemnitees have been served with the complaint, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Has Yet to Be Served "Dorion" Complaint ------------------------------------------------------ Philip Morris International, Inc., has yet to be served with the complaint captioned Dorion v. Canadian Tobacco Manufacturers' Council, et al. The class action was filed in The Queen's Bench, Alberta, Canada, on June 15, 2009, against the company, its subsidiaries, and its indemnitees (PM USA and Altria Group, Inc.), and other members of the industry. The plaintiff, an individual smoker, alleges her own addiction to tobacco products and chronic bronchitis and severe sinus infections resulting from the use of tobacco products. She is seeking compensatory and unspecified punitive damages on behalf of a proposed class comprised of all smokers, their estates, dependents and family members, restitution of profits, and reimbursement of government health care costs allegedly caused by tobacco products, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. As of Aug. 6, 2010, the company, its subsidiaries, and its indemnitees have not been properly served with the complaint Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Faces "McDermid" Suit in British Columbia -------------------------------------------------------- Philip Morris International, Inc., faces a class action pending in Canada, captioned McDermid v. Imperial Tobacco Canada Limited, et al. The suit was filed in the Supreme Court, British Columbia, Canada, on June 25, 2010. The company its subsidiaries, and its indemnitees (PM USA and Altria Group, Inc.), and other members of the industry are defendants. The plaintiff, an individual smoker, alleges his own addiction to tobacco products and heart disease resulting from the use of tobacco products. He is seeking compensatory and unspecified punitive damages on behalf of a proposed class comprised of all smokers who were alive on June 12, 2007, and who suffered from heart disease caused by smoking, their estates, dependents and family members, plus disgorgement of revenues earned by the defendants from Jan. 1, 1954 to the date the claim was filed. The company's subsidiaries have been served with the complaint, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. As of Aug. 6, 2010, the company and its indemnitees have not been served. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Faces "Bourassa" Suit in Canada ---------------------------------------------- Philip Morris International, Inc., faces a class action pending in Canada, captioned Bourassa v. Imperial Tobacco Canada Limited, et al. The suit was filed in the Supreme Court, British Columbia, Canada, on June 25, 2010. The company, its subsidiaries, and its indemnitees (PM USA and Altria Group, Inc.), and other members of the industry are defendants. The plaintiff, the heir to a deceased smoker, alleges that the decedent was addicted to tobacco products and suffered from emphysema resulting from the use of tobacco products. She is seeking compensatory and unspecified punitive damages on behalf of a proposed class comprised of all smokers who were alive on June 12, 2007, and who suffered from chronic respiratory diseases caused by smoking, their estates, dependents and family members, plus disgorgement of revenues earned by the defendants from Jan. 1, 1954 to the date the claim was filed. The company's subsidiaries have been served with the complaint, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. As of Aug. 6, 2010, the company and its indemnitees have not been served. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Unit Continues to Defend "El-Roy" Suit in Israel --------------------------------------------------------------- Philip Morris International, Inc.'s subsidiary continues to defend a class action pending in Israel, captioned El-Roy, et al. v. Philip Morris Incorporated, et al. The suit was filed in District Court of Tel-Aviv/Jaffa, Israel, on Jan. 18, 2004. The company's subsidiary and its indemnitees (PM USA and our former importer Menache H. Eliachar Ltd.) are defendants. The plaintiffs filed a purported class action claiming that the class members were misled by the descriptor "lights" into believing that lights cigarettes are safer than full flavor cigarettes. The claim seeks recovery of the purchase price of lights cigarettes and compensation for distress for each class member. Hearings took place in November and December 2008 regarding whether the case meets the legal requirements necessary to allow it to proceed as a class action. The parties' briefing on class certification was scheduled to be completed in September 2010, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: "Navon" Action in Israel Remains Stayed ------------------------------------------------------ A class action against M.H. Eliashar Distribution Ltd., remains stayed pending a ruling on the class certification in the matter El-Roy, et al. v. Philip Morris Incorporated, et al. M.H. Eliashar is Philip Morris International, Inc.'s distributor. The suit is Navon, et al. v. Philip Morris Products USA, et al. The action was filed in District Court of Tel-Aviv/Jaffa, Israel, on Dec. 5, 2004, against the company's indemnitee, M.H. Eliashar, and other members of the industry are similar to those in El-Roy. The case is currently stayed pending a ruling on class certification in El-Roy, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: "Numberg" Against Subsidiaries Terminated -------------------------------------------------------- A class action against Philip Morris International, Inc.'s subsidiaries filed in the District Court of Tel Aviv/Jaffa, Israel, is now terminated. The suit is Numberg, et al. v. Philip Morris Products S.A., et al., and was filed May 19, 2008, against the company's subsidiaries and its indemnitee (the company's distributor M.H. Eliashar Distribution Ltd.) and other members of the industry were defendants. The plaintiffs filed a purported class action claiming that the class members were misled by pack colors, terms such as "slims" or "super slims" or "blue," and text describing tar and nicotine yields. Plaintiffs alleged that these pack features misled consumers to believe that the cigarettes with those descriptors were safer than full flavor cigarettes. Plaintiffs sought recovery of the price of the brands at issue that were purchased from December 31, 2004 to the date of filing of the claim. They also sought compensation for mental anguish, punitive damages and injunctive relief. The company's subsidiaries and ITS indemnitee were served with the complaint. Defendants filed their oppositions to class certification in March 2009. In May 2010, the court issued an order dismissing the claim, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: No Trial Date Yet in Kansas Antitrust Lawsuit ------------------------------------------------------------ The District Court of Seward County, Kansas, has yet to set a trial date in the antitrust class action captioned Smith v. Philip Morris Companies, Inc., et al. The suit was filed on Feb. 7, 200, against the company and other members of the industry. The plaintiff asserts that the defendant cigarette companies engaged in an international conspiracy to fix wholesale prices of cigarettes and sought certification of a class comprised of all persons in Kansas who were indirect purchasers of cigarettes from the defendants. The plaintiff claims unspecified economic damages resulting from the alleged price-fixing, trebling of those damages under the Kansas price-fixing statute and counsel fees. The trial court granted plaintiff's motion for class certification and refused to permit the defendants to appeal. The case is now in the discovery phase. No trial date has yet been set, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. PHILIP MORRIS: Defends Suit in Ontario Over Breach of Contract -------------------------------------------------------------- Philip Morris International, Inc., defends a putative class action in Ontario, Canada, alleging breach of contract. The suit is The Ontario Flue-Cured Tobacco Growers' Marketing Board, et al. v. Rothmans, Benson & Hedges Inc., was filed in the Superior Court of Justice, London, Ontario, on Nov. 5, 2009, against the company's subsidiary. Plaintiffs in this putative class action allege that the company's subsidiary breached contracts with the class members, the Ontario tobacco growers and their related associations, concerning the sale and purchase of flue-cured tobacco from Jan. 1, 1986 to Dec. 31, 1996. Plaintiffs allege that the company's subsidiary was required by the contracts to disclose to plaintiffs the quantity of tobacco included in cigarettes to be sold for duty free and export purposes, which it purchased at a lower price per pound than tobacco that was included in cigarettes to be sold in Canada, but failed to disclose that some of the cigarettes it designated as being for export and duty free purposes were ultimately sold in Canada. The company's subsidiary has been served, but there is currently no deadline to respond to the statement of claim, according to the company's Aug. 6, 2010, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2010. Philip Morris International, Inc. -- http://www.philipmorrisinternational.com/-- is an international tobacco company. PMI is a holding company that, through its subsidiaries and affiliates, is engaged in the manufacture and sale of cigarettes and other tobacco products in markets outside the United States. PMI's top 10 brands by volume are Marlboro, L&M, Philip Morris, Bond Street, Chesterfield, Parliament, Lark, A Mild, Morven Gold and DJI Sam Soe. Its products are sold in over 160 countries. Its brand portfolio includes a variety of blends and styles, across 150 brands and over 1,900 variants. PMI makes A Hijau, A Mild and Dji Sam Soe in Indonesia; Diana in Italy; Optima and Apollo-Soyuz in Russia; Morven Gold in Pakistan; Boston in Colombia; Best and Classic in Serbia; f6 in Germany; Delicados in Mexico; Assos in Greece, and Petra in the Czech Republic and Slovakia. On March 28, 2008, Altria Group, Inc. completed the spin-off of PMI. SOUTHERN WINE: Removes "Gagner" Labor Complaint to N.D. Calif. -------------------------------------------------------------- Donald Gagner and Hung Tran, individually and on behalf of others similarly situated v. Southern Wine & Spirits of America, Inc., Case No. RG10531481 (Calif. Super. Ct. Alameda Cty.), was filed on August 17, 2010. The plaintiffs allege causes of action for: (a) failure to reimburse business expenses in violation of Cal. Labor Code Section 2802 and (b) unfair business practices in violation of Cal. Bus. & Prof. Code Section 17200. Plaintiffs claim that in the course of their work selling wine, beer, and spirits on behalf of the defendant, they incurred and paid business expenses, for which they have not received reimbursement. On September 29, 2010, Southern Wine & Spirits of America, Inc., removed the lawsuit to the Northern District of California, citing that this case is a civil class action in which this Court has original jurisdiction under the provisions of the Class Action Fairness Act, codified at 28 U.S.C. Sections 1332(d) and 1453, and may be removed pursuant to CAFA, as well as the provisions of 28 U.S.C. Sections 1441(a) and 1446. The Clerk assigned Case No. 10-cv-04405 to the proceeding. The Plaintiffs are represented by: Morris J. Baller, Esq. Sarah K. Webb, Esq. GOLDSTEIN, DEMCHAK, BALLER, BORGEN & DARDARIAN 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 Telephone: (510) 763-9800 E-mail: mballer@gdblegal.com swebb@gdblegal.com - and - Julian Hammond, Esq. Avi Kreitenberg, Esq. KAMBERLAW, LLP 1180 S. Beverly Drive, Suite 601 Los Angeles, CA 90035 Telephone: (310) 400-1050 E-mail: jhammond@kamberlaw.com akreitenberg@kamberlaw.com The Defendant is represented by: Clement J. Kong, Esq. Keith R. Thorell, Esq. KORSHAK, KRACOFF, KONG & SUGANO, LLP 1640 South Sepulveda Boulevard, Suite 520 Los Angeles, CA 90025 Telephone: (310) 996-2340 E-mail: Clement@kkks.com Keith@kkks.com TARGET CORP: Accused in Calif. Suit of Not Paying Wages ------------------------------------------------------- Courthouse News Service reports that Target forces pharmacists to work 12-hour days, and longer, without legally required breaks and without paying for all their time worked, a class action claims in Sacramento Superior Court. A copy of the Complaint in Kool v. Target Corporation, et al., Case No. 34-2010-00088302 (Calif. Super. Ct., Sacramento Cty.), is available at: http://www.courthousenews.com/2010/09/30/Target.pdf The Plaintiff is represented by: Gene J. Stonebarger, Esq. Richard D. Lambert, Esq. STONEBARGER LAW 75 Iron Point Circle, Suite 145 Folsom, CA 95630 Telephone: 916-235-7140 - and - James R. Patterson, Esq. Alisa A. Martin, Esq. HARRISON PATTERSON & O'CONNOR LLP 402 West Broadway, 29th Floor San Diego, CA 92101 Telephone: 619-756-6990 ********* 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, Christopher Patalinghug, Frauline Abangan 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. 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