/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/101015.mbx C L A S S A C T I O N R E P O R T E R Friday, October 15, 2010, Vol. 12, No. 204 Headlines AMERICAN APPAREL: October 25 Lead Plaintiff Deadline Set BELL CANADA: Faces Class Action Suit Over Early Termination Fees BP AMERICA: D. N.M. Certifies Natural Gas Royalty Class BP PLC: First Class Suit Case Trial Expected in October 2011 CANADA: Fishermen's Suit Over Buyback Tax Awaits Decision CHINA-BIOTICS: November 16 Lead Plaintiff Deadline Set COMMERCIAL LENDING: Sued in Calif. for Collecting Advance Fees CVB FIN'L: Oct. 22 Lead Plaintiff Deadline Set for Class Suit DEPUY ORTHOPAEDICS: Faces Class Suit Over Faulty Hip Implants EDUCATION MANAGEMENT: Accused of Misleading Shareholders FALCONSTOR SOFTWARE: Rosen Law Firm Files Class Action Lawsuit FALCONSTOR SOFTWARE: Ryan & Maniskas Files Class Action Lawsuit FALCONSTOR SOFTWARE: Shuman Files Securities Class Action FLOTEK INDUSTRIES: Federal Securities Class Suit Dismissed INVESTIA FIN'L: Leveraging Scheme Suit Seeks Class Action Status K&L GATES: Sued for Allegedly Aiding "Ponzi-Like" Scheme LE CORDON BLEAU: Faces Class Suit in Calif. Over Alleged Fraud LEARNING CURVE: Sued for Misrepresenting Crib Products Are Safe MONSANTO CO: Nov. 30 Opt-Out Deadline in Nitro, W.Va. Litigation PARTNER COMMUNICATIONS: Faces Class Action Lawsuit SOCIETE GENERALE: US Subprime Class Suit Successfully Defended ST. JOE: Questions Raised in Courthouse Class Suit Ruling SUNTRUST MORTGAGE: Strauss & Troy Files Class Action Lawsuit UNITED STATES: Filipino World War II Veterans File Class Suit VILLAGE OF CRESTWOOD: Sued for Supplying Contaminated Tap Water WASHOE COUNTY: Class Suit Settlement Funds to Go to Food Bank WESTERN POWER: Toodyay Blaze Victims to Launch Second Class Suit Asbestos Litigation ASBESTOS UPDATE: Bondex, SPHC Involved in Bodily Injury Lawsuits ASBESTOS UPDATE: Texas Gets $138T to Protect Citizens From Hazard ASBESTOS UPDATE: Malta Court Turns Down Lawsuit Filed by Attards ASBESTOS UPDATE: U.K. Appellate Court Ruling "Worries" Sufferers ASBESTOS UPDATE: Kennard Case Against 27 Firms Filed on Sept. 20 ASBESTOS UPDATE: Geer Case Filed Oct. 5 in Harris County, Texas ASBESTOS UPDATE: Indian Court Issues Notices of Writ for Workers ASBESTOS UPDATE: Eddleston Widow to Get GBP150T in Compensation ASBESTOS UPDATE: Regency Fined $7.5T for Air Quality Violations ASBESTOS UPDATE: Minn. Court Issues Split Ruling in API Case ASBESTOS UPDATE: Court Flips Summary Judgment in Castorena Case ASBESTOS UPDATE: Court Denies Summary Judgment in Leslie Action ASBESTOS UPDATE: Hazard Delays Project at Old Station in Oxford ASBESTOS UPDATE: Cotswold Wife's Death Linked to Hazard Exposure ASBESTOS UPDATE: CIRCOR Cites Progress on Leslie Controls' Plan ASBESTOS UPDATE: Aussie Researchers Wants to Establish New List ASBESTOS UPDATE: Cleanup at Innovis Health Lot to Cost $243,000 ASBESTOS UPDATE: 4 New Lawsuits Added to St. Clair County Docket ASBESTOS UPDATE: Hazard Found at Planet Kids Site in New Zealand ASBESTOS UPDATE: Hazard Uncovered at Albion Primary in Victoria ASBESTOS UPDATE: Woburn Council Rejects Holton Street Petitions ASBESTOS UPDATE: Hazard Found at Chipping Norton Primary School ASBESTOS UPDATE: Cleanup at Denver, Colo. Federal Center Ongoing ASBESTOS UPDATE: Asbestos Uncovered at School in Liverpool, N.Y. ASBESTOS UPDATE: Maine School to Replace Hazard-Tainted Windows ASBESTOS UPDATE: Bid to Perpetuate Beard Testimony Filed Oct. 11 ASBESTOS UPDATE: Ruling v. Central Environmental Entered Oct. 13 ASBESTOS UPDATE: India Group Offers to Buy Quebec's Jeffrey Mine ASBESTOS UPDATE: Clay County, Mo. Local Awarded $4.5MM Payout ASBESTOS UPDATE: Cleanup of Kingsland School Estimated at $95.9T ASBESTOS UPDATE: Aussie Govt. Unveils Asbestos Compensation Plan ********* AMERICAN APPAREL: October 25 Lead Plaintiff Deadline Set -------------------------------------------------------- The Rosen Law Firm reminds investors of the October 25, 2010 lead plaintiff deadline in the class action lawsuit filed on behalf of purchasers of American Apparel, Inc. stock during the period from December 20, 2006 through August 17, 2010. To join the American Apparel class action, go to the Web site at http://www.rosenlegal.com/or call Laurence Rosen, Esq. or Phillip Kim, Esq. toll-free at 866-767-3653 or you may also email lrosen@rosenlegal.com or pkim@rosenlegal.com for information on the class action. 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. A class action lawsuit has already been filed on behalf of American Apparel shareholders. If you wish to serve as lead plaintiff, you must move the Court no later than October 25, 2010. If you wish to join the litigation or to discuss your rights or interests regarding this class action, please contact plaintiff's counsel, 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 The Rosen Law Firm represents investors throughout the globe, concentrating its practice on securities class actions and shareholder derivative litigation. Contact Information: Laurence Rosen, Esq. Phillip Kim, Esq. THE ROSEN LAW FIRM P.A. 350 5th Avenue, Suite 5508 New York, New York 10118 Telephone: (212) 686-1060 (917) 797-4425 (Weekend) 1-866-767-3653 (Toll Free) Facsimile: (212) 202-3827 http://www.rosenlegal.com/ BELL CANADA: Faces Class Action Suit Over Early Termination Fees ---------------------------------------------------------------- DSL Reports.com reports that Telus and Bell Canada have been hit with a class action lawsuit for the companies early termination fees. According to La Presse, the suit is particularly broad, covering contract termination fees, network termination fees, long distance plan termination fees, fees for the termination of a residential telephone service or termination of de-regulated zone fees. It seems however also specifically focused on customers who were charged the fees but never actually signed a long-term contract. Bell Canada also recently settled a class action suit for charging customers late fees who paid on time via check. BP AMERICA: D. N.M. Certifies Natural Gas Royalty Class ------------------------------------------------------- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO STEVEN J. ABRAHAM, MICHAEL C. ) ABRAHAM, Individually and as ) Trustee of the MIKE C. ABRAHAM ) TRUST, D.A. ABRAHAM, LLC, ) ELIZABETH WITTEN and ) CHRISTINE MASON, as ) Co-trustees of the ANDREW ) WITTEN TRUST, ELIZABETH WITTEN ) TRUST and JUDY WITTEN TRUST on ) behalf of themselves and all ) No. 09-CV-961 WDS/RLP others similarly situated, ) ) Plaintiffs, ) ) vs. ) ) BP AMERICA PRODUCTION COMPANY, ) ) Defendant. ) SUMMARY NOTICE OF A CLASS ACTION TO: ALL MEMBERS OF THE CLASS OF OWNERS OF PRIVATE ROYALTY AND OVERRIDING ROYALTY THAT BURDEN LEASES OR WORKING INTERESTS OF BP AMERICA PRODUCTION COMPANY IN THE SAN JUAN BASIN WHO RECEIVE ROYALTIES FOR NATURAL GAS LIQUIDS PROCESSED AT THE NEW BLANCO PLANT AFTER DECEMBER 31, 2006 ("ABRAHAM CLASS"). Plaintiffs filed this lawsuit in October 2009, individually and on behalf of royalty and overriding royalty interest owners, against defendant BP America Production Company ("BP"). Plaintiffs contend that they are royalty and overriding royalty interest owners in the San Juan Basin whose royalty and overriding royalty interests apply to leases operated by the defendant BP ("BP Subject Leases"). The BP Subject Leases produce gas that is processed at the San Juan New Blanco Plant near Bloomfield, New Mexico, in which BP has a fifty percent (50%) ownership interest. Natural gas liquids ("NGLs") are removed from the gas stream at the Plant and BP then sells its share of such NGLs. Plaintiffs allege that they and all class members have been damaged because BP underpaid royalty and overriding royalty due to them for NGLs saved and sold by BP. Plaintiffs' Complaint alleges breach of contract, breach of the covenant of good faith and fair dealing, and breach of the implied covenant to market. Plaintiffs seek actual damages, punitive damages, and declaratory and injunctive relief. BP has denied all allegations of the plaintiffs and has raised numerous defenses. Previously, there was a class action against BP that was certified by the District Court of Santa Fe County, styled Laura Dichter, et al. v. BP America Production, et al., D-0101-CV-2000-01620 (the "Dichter Case") in which similar claims were asserted. The Dichter Case was settled but the settlement covered only the period through December 31, 2006. The present case, Abraham, et al. v. BP, No. 09-CV-961 WDS/RLP, in the United States District Court for the District of New Mexico (the "Abraham Case") is a new class action that covers the period after December 31, 2006. On June 15, 2010, the Court in this case (the Abraham Case) entered an Agreed Class Certification Order and Order for Class Notification. This case will now proceed as a class action between the Abraham Class and BP. This notice is being published to call the case to attention of potential class members. The claims certified by the Court are for breach of contract, breach of implied covenant of good faith and fair dealing, breach of implied covenant to market and declaratory judgment and injunction. The lawyers representing plaintiffs and the Class are: J.E. Gallegos, Esq. GALLEGOS LAW FIRM, P.C. 460 St. Michael's Drive, Bldg. 300 Santa Fe, NM 87505 Telephone: (505) 983-6686 - and - Thomas A. Graves, Esq. MCKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, TX 75201 Telephone: (214) 978-4007 This Notice is given by Order of the Court. It summarizes some of your rights under Rule 23 of the Federal Rules of Civil Procedure. It is not an expression of any opinion of the Court as to the merits of any of the claims or defenses asserted by any party in the Abraham Case. More detailed information is being provided in a written Notice being mailed to all class members. If you have not received that Notice you may obtain one by contacting plaintiffs' attorneys noted above. IF YOU WANT TO REMAIN A CLASS MEMBER, YOU DO NOT HAVE TO DO ANYTHING AT THIS TIME. This Summary Notice is not meant to be a complete description of the Abraham Case. The pleadings and other papers filed in this case are available for inspection at the office of the U.S. District Clerk of the United States District Court of New Mexico, Albuquerque, New Mexico, during the regular business hours of each business day. Please address any questions concerning this Notice by calling or by writing to the lawyers for the plaintiffs listed at GALLEGOS LAW FIRM or MCKOOL SMITH. DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE FOR INFORMATION. Ordered this 23rd day of September, 2010, by the United States District Court of New Mexico. BP PLC: First Class Suit Case Trial Expected in October 2011 ------------------------------------------------------------ April Douglas, writing for Fox10tv.com, reports the legal battle over financial responsibility is heating up in the BP oil spill in a multi-billion dollar class-action lawsuit against the oil giant. It's been nearly six months since the Deepwater Horizon exploded in the Gulf of Mexico, killing 11 people and leading to the biggest environmental disaster in U.S. history. Late last week, a U.S. District Court Judge in New Orleans named a Plantiff's Steering Committee to head up litigation stemming from the oil rig explosion. The committee is made up of 15 attorneys from across the country. Two of the attorney's are from our area. Brian Barr is an attorney in Pensacola and Robert Cunningham is in Mobile. Both men are currently in New Orleans meeting with the committee to discuss the work ahead. "It is a great honor to prosecute BP the way need to be for everyone that has been affected by this spill," said Mr. Barr. It is a class action lawsuit that will represent the eleven people killed, fishermen put out of work from the oil spill and property owners to name a few. Mr. Barr said you have hundreds of thousands of people impacted, and this will help get the ball rolling. "A lot of work to do, conducting discoveries, to find out what BP knew, and how for how long. Our primary goal is to get cases to trial as early as we can," said Mr. Barr. Mr. Barr said the first case was expected to go to trial in October of 2011, but it was bumped back to February of 2012 by BP. CANADA: Fishermen's Suit Over Buyback Tax Awaits Decision --------------------------------------------------------- Cliff Wells, staff writer for The Western Star, reports the case of more than 700 fishermen who feel they were over-taxed when their licenses were bought back is in the judge's hands now. Elizabeth Harvey, the wife of Douglas Harvey, one of the fishermen who sold his license, has been pressing the federal government for years to give back tax that was unfairly taken from them. About 150 other fishermen filed their taxes and were given a break on the capital gains tax. She wants the same break for her husband and now there are more than 700 other fishermen enjoined in a class-action suit to get back that money. Eli Baker argued the case for the fishermen in Federal Court in St. John's before Justice Elizabeth Heneghan Oct. 1. The judge questioned the lawyers from both sides for about three hours before retiring to make her decision. He figures the judgment will be handed down within the next couple of months He feels good about how the argument went for his clients, but he's not going to speculate about how the decision will turn out. He's not sure when the decision will be made, but he's hoping for a good verdict for his clients. "We were obviously prepared for the event," Mr. Baker said. "Although things never go as you imagine they will when you go into court, in this case the judge was very interested in testing our understanding of the law as well as our application of our case law. I think it went tremendously well." While he's not predicting a win, he believes there's a great opportunity for his clients to see justice done. It was a challenging case to argue and the issues at hand were unique. The law and the facts are complex around the judicial review of a decision by a director in the federal government. Whether or not the decision was wrong, he said the judge must determine if an error occurred is it one she can overturn. "Even if the judge finds a decision maker made an error, it doesn't mean the judge can just substitute their own finding for the finding of the decision maker. That decision has to be wrong in a certain way in order for a judge to overturn the decision of a decision maker. It's complicated stuff." Even though Mr. Harvey was the driving force behind the case for a number of years, Victor White, from Cottrell's Cove, is the representative case in the class action. Mr. Harvey is just hoping for justice in the ruling. Although she wasn't in St. John's for the Oct. 1 court date, within a three-day span after the case was heard she fielded 200 phone calls from members of the suit wondering what happened. Most of them believe the decision will come within a couple of days, but she thinks it could take a month, or two before the judge makes her determination public. "I'm just glad it's been in court," Mr. Harvey said. "We've got to wait now for the answer from the judge. "I hope she sees what injustice was done to us and justice is done . . . I just hope it's the right one." CHINA-BIOTICS: November 16 Lead Plaintiff Deadline Set ------------------------------------------------------ The Rosen Law Firm reminds investors of the November 16, 2010 lead plaintiff deadline in the class action lawsuit filed on behalf purchasers of China-Biotics, Inc. stock during the period from July 10, 2008 through August 30, 2010. To join the China-Biotics class action, visit the firm's Web site at http://www.rosenlegal.com,or call Laurence Rosen, Esq. or Phillip Kim, Esq., toll-free, at 866-767-3653; you may also e-mail lrosen@rosenlegal.com or pkim@rosenlegal.com for information on the class action. 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 Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 against China-Biotics and certain of its present and former officers and directors for making material misstatements and omissions about the Company's true financial condition. According to the Complaint, Defendants misled investors about the quality, nature, and quantity of China- Biotics' purported retail outlets and stores. The Complaint also alleges that China-Biotics' fiscal 2008 financial statements filed with the SEC are materially false because the Company's fiscal 2008 financial statements filed with Chinese authorities reported merely a fraction of the cash, revenue and income set forth in the Company's 2008 financial statements with the SEC. The Complaint asserts that when this adverse information began to enter the market, the price of China-Biotics securities dropped, damaging investors. If you wish to serve as lead plaintiff, you must move the Court no later than November 16, 2010. A lead plaintiff is a representative party acting on behalf of other absent class members in directing the litigation. 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 Web site 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, New York 10118 Telephone: (212) 686-1060 (917) 797-4425 (Weekends) 1-866-767-3653 (Toll Free) Facsimile: (212) 202-3827 http://www.rosenlegal.com/ COMMERCIAL LENDING: Sued in Calif. for Collecting Advance Fees -------------------------------------------------------------- Krause, Kalfayan, Benink & Slavens, LLP filed a class action lawsuit on October 8, 2010, in Riverside Superior Court on behalf of a nationwide class of borrowers against Commercial Lending Capital, Inc., of Corona, California, and Scott Hugh Oakley. CLC and Oakley are brokers licensed by the California Department of Real Estate. CLC allegedly procures "cash out" loans for persons seeking to refinance commercial properties. The lawsuit, brought by Mark Horn of Edmonds, WA, alleges that CLC and Oakley, CLC's designated officer, engage in the practice of collecting advance fees, such as due diligence fees, from potential borrowers in a manner that violates California law. California law requires a broker seeking to charge an advance fee to first submit the form of agreement to the DRE for approval. The law further requires the broker to maintain the funds in a separate trust account, and to provide verified and regular accountings to the potential borrowers. The suit claims that CLC fails to meet these conditions and uses the advance fees for general operating expense. Mr. Horn's suit also alleges that CLC's true business is in the collection of fees, and not in obtaining loans for borrowers, and that CLC almost always fails to procure a loan. CLC was unable to obtain a suitable loan for Mr. Horn and refused to refund the $6,200 in advance fees Mr. Horn paid to CLC. This suit seeks an injunction to prevent CLC from further violations of the law. About Krause Kalfayan Benink & Slavens, LLP.: KKBS is a boutique law firm located in San Diego, CA representing consumers, shareholders, and businesses in individual and class action litigation. If you wish to discuss this action or have any questions concerning the lawsuit or rights or interests with respect to these matters, please contact attorneys for plaintiff, Eric J. Benink at Krause, Kalfayan, Benink & Slavens, LLP, 625 Broadway, Suite 635, San Diego, CA 92101, Tel: (619) 232-0331, e-mail: eric@kkbs-law.com CVB FIN'L: Oct. 22 Lead Plaintiff Deadline Set for Class Suit ------------------------------------------------------------- The Shuman Law Firm reminds investors of the October 22, 2010 lead plaintiff deadline in the class action lawsuit on behalf of purchasers of the common stock of CVB Financial Corporation ("CVB" or the "Company") between October 21, 2009 and August 9, 2010, inclusive (the "Class Period"). If you wish to discuss this action or have any questions concerning this notice or your rights and interests with respect to this matter, please contact Kip B. Shuman or Rusty E. Glenn toll free at (866) 974-8626 or email Mr. Shuman at kip@shumanlawfirm.com or Mr. Glenn at rusty@shumanlawfirm.com The Complaint alleges that CVB and certain of its officers and directors violated federal securities laws by making a series of materially false and misleading statements. Specifically, the Complaint alleges that defendants had propped up the Company's results by manipulating CVB's accounting for costs and expenses by failing to properly account for impaired loans. On August 9, 2010, defendants disclosed that the Company was the subject of an investigation by the SEC into possible accounting violations related to the manner in which defendants accounted for troubled loans. This disclosure had an immediate impact on the price of Company shares, which fell 22% to close at $8.00 per share on August 10, 2010. If you purchased CVB common stock during the Class Period, you may request that the Court appoint you as lead plaintiff of the class no later than October 22, 2010. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation. Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs make important decisions which could affect the overall recovery for class members. The Shuman Law Firm represents investors throughout the nation, concentrating its practice in securities class actions and shareholder derivative actions. Contact: Kip B. Shuman, Esq. Rusty E. Glenn, Esq. THE SHUMAN LAW FIRM Telephone: 866-974-8626 Facsimile: 303-484-4886 E-mail: kip@shumanlawfirm.com rusty@shumanlawfirm.com http://www.shumanlawfirm.com/ DEPUY ORTHOPAEDICS: Faces Class Suit Over Faulty Hip Implants ------------------------------------------------------------- The preeminent law office of Nurenberg, Paris, Heller & McCarthy has filed a class action lawsuit against Johnson & Johnson's artificial joint replacement company DePuy Orthopaedics, Inc., on behalf of clients who suffered damages resulting from the company's now-recalled hip replacement device. (Case No. 10-CV-02222, U.S. District Court, Northern District of Ohio, Eastern Division) "Revision" Surgeries Required DePuy recently recalled two hip replacement products -- the ASR Hip Resurfacing System and the ASR XL Acetabular System -- after data showed that within five years, one in eight patients needed "revision surgeries," which are required when an artificial joint doesn't properly fit or breaks down prematurely. About 93,000 people around the world have received one of these potentially faulty hip implants. The legal professionals at Nurenberg, Paris, Heller & McCarthy expect the class action lawsuit to include hundreds, if not thousands, of victims. Headed by attorney David M. Paris, the lawsuit is seeking to assist those who have received a DePuy ASR hip implant and experienced pain, had problems walking, or needed a revision surgery to fix a faulty hip implant. "We're working to get the victims of faulty DePuy hip implants the help they need," said Paris, partner at Nurenberg, Paris, Heller & McCarthy. "The rights, remedies, and needs of each victim are unique and require special attention. As a result, we're conducting a full-scale investigation and have assembled a team of physicians, nurses, and other experts who will be working on behalf of the victims of this disastrous medical device." Hip Replacement Patients Deceived about Costs The claim states that DePuy required patients to release their confidential medical records to even be considered for reimbursement of medical costs. As a result, some patients may have been misled into believing DePuy had actually agreed to advance or reimburse costs for medical monitoring and revision procedures when, in fact, DePuy's intent was only to use the medical information to determine if any costs should be reimbursed to patients. Furthermore, these medical releases allow DePuy to gain access to the removed hip replacement devices for testing purposes while denying the test results from the respective patients and their own healthcare experts. Consequently, crucial evidence is prevented from reaching those affected by the defective products. DePuy Class Action Involvement Nurenberg, Paris, Heller & McCarthy is currently accepting cases on behalf of those who have been affected by the DePuy hip replacement recall and resulting medical issues. Class members involved in this claim may be entitled to the following: * payment and/or reimbursement for revision surgeries * economic and non-economic damages * medical monitoring procedures by caregivers, which include radiographic evaluation, blood testing for cobalt and chromium ion levels, and MRI or ultrasound examinations * an injunction to prohibit DePuy from communicating with plaintiffs and class members through their physicians To learn more about DePuy's recall of its ASR Hip Resurfacing System and ASR XL Acetabular System, call Nurenberg, Paris, Heller & McCarthy at (800) 562-7438 or visit http://www.nphm.com/ About Nurenberg, Paris, Heller & McCarthy Nurenberg, Paris, Heller & McCarthy is a nationally recognized law office that has served the needs of catastrophically injured clients throughout the United States since 1928. Nurenberg Paris is a Cleveland, Ohio-based law firm known for its success in cases involving defective products, class action litigation, medical malpractice, wrongful death, airplane crashes, railroad crossing collisions, unfair business practices, and insurance. The trial lawyers at Nurenberg Paris have been admitted to practice law in courts across the country and pride themselves on their long- standing history of achieving justice for clients in the trial and appellate courts. For more information, visit http://www.nphm.com/ For more information, contact: Tamara Brininger Telephone: (216) 694-5204 E-mail: TBrininger@nphm.com EDUCATION MANAGEMENT: Accused of Misleading Shareholders -------------------------------------------------------- Courthouse News Service reports that Education Management Corp., a for-profit college chain, made false and misleading statements in the prospectus for its initial public offering, shareholders claim in Boston Federal Court. "The company offers education through the Art Institutes, Argosy University, the Brown Mackie Colleges, and South University." A copy of the Complaint in Parikh v. Education Management Corp., et al., Case No. :10-cv-11723 (D. Mass.), is available at: http://www.courthousenews.com/2010/10/11/EducManage.pdf The Plaintiff is represented by: Kenneth G. Gilman, Esq. GILMAN AND PASTOR LLP 16 Fourteenth Ave. Wareham, MA 02571 Telephone: (508) 291-8400 E-mail: kgilman@gilmanpastor.com FALCONSTOR SOFTWARE: Rosen Law Firm Files Class Action Lawsuit -------------------------------------------------------------- The Rosen Law Firm Friday disclosed that it has filed a class action on behalf of purchasers of FalconStor Software, Inc. (NASDAQ: FALC) common stock during the period beginning February 5, 2009 through September 29, 2010, seeking remedies under the federal securities laws. To join the class action against FalconStor, go to the Web site at http://www.rosenlegal.comor 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 the Eastern District of New York. 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 alleges that FalconStor and certain of its officers and directors are liable under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 in connection with the issuance of materially false and misleading statements about the Company's financial condition and prospects. The Complaint asserts that defendants failed to disclose that the FalconStor was making improper payments to secure a contract with at least one of its customers; the Company was experiencing weak demand for its products and services; and consequently defendants lacked a reasonable basis for their statements about the Company's prospects. The Complaint asserts that when the truth of these statements began to enter into the market on September 29, 2010 the price of FalconStor stock fell, damaging investors. If you wish to serve as lead plaintiff, you must move the Court no later than November 30, 2010. A lead plaintiff is a representative party that acts on behalf of other class members in directing and overseeing the litigation. 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 Web site 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. FALCONSTOR SOFTWARE: Ryan & Maniskas Files Class Action Lawsuit --------------------------------------------------------------- RTTNews reports shareholder litigation firm Ryan & Maniskas, LLP announced Saturday that it has filed a class action lawsuit against data protection solutions provider FalconStor Software, Inc. (FALC) in United States District Court for the Eastern District of New York on behalf of the purchasers of FalconStor common stock between February 5, 2009 and September 29, 2010. Accordingly, Melville, New York-based FalconStor and certain of its officers are charged with making a series of materially false and misleading statements related to the company's business and operations in violation of the Securities Exchange Act of 1934. The complaint alleges, among other things, that FalconStor was making improper payments to secure a contract with at least one of the company's customers; and as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about FalconStor and its prospects. FALC closed Friday's regular trading at $2.93 on the Nasdaq. FALCONSTOR SOFTWARE: Shuman Files Securities Class Action --------------------------------------------------------- The Shuman Law Firm Friday disclosed that a class action lawsuit has been filed on behalf of purchasers of FalconStor Software, Inc. (NASDAQ: FALC) common stock during the period between February 5, 2009 and September 29, 2009, inclusive. If you wish to discuss this action or have any questions concerning this notice or your rights and interests with respect to this matter, please contact Kip B. Shuman or Rusty E. Glenn toll free at (866) 974-8626 or email Mr. Shuman at kip@shumanlawfirm.com or Mr. Glenn at rusty@shumanlawfirm.com The complaint charges FalconStor and certain of its officers and directors with violations of federal securities laws. Specifically, the Complaint alleges that defendants misrepresented and/or failed to disclose the following adverse facts: (i) that the Company was experiencing weak demand for its products and services; (ii) that FalconStor was making improper payments to secure a contract with at least one of the Company's customers; and (iii) as a result of the foregoing, defendants lacked a reasonable basis for their positive statements about FalconStor and its prospects. On September 29, 2010, FalconStor announced that, effective immediately, the Company's founder, ReiJane Huai, had resigned from his positions as Chairman of the Board of Directors, President, and Chief Executive Officer of FalconStor. Mr. Huai tendered his resignation following the disclosure that certain improper payments were allegedly made in connection with the Company's contract with one customer. As a result of this announcement, shares of FalconStor fell to $3.15, a decline of more than 22% from the closing price of $4.06 on September 28, 2010. If you purchased FalconStor common stock during the Class Period, you may request that the Court appoint you as lead plaintiff of the class no later than November 30, 2010. A lead plaintiff is a class member that acts on behalf of other class members in directing the litigation. Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs make important decisions which could affect the overall recovery for class members. The Shuman Law Firm represents investors throughout the nation, concentrating its practice in securities class actions and shareholder derivative actions. FLOTEK INDUSTRIES: Federal Securities Class Suit Dismissed ---------------------------------------------------------- Flotek Industries, Inc., (NYSE: FTK) will host a conference call on Thursday, November 11, 2010 at 7:30 a.m. Central Standard Time to discuss its operating results for the three months ended September 30, 2010. Flotek intends to provide dial-in information through a press release on November 9, 2010. Flotek plans to file its 10-Q after the market close on November 10, 2010. In addition, the Company will provide additional details regarding operating results in a press release after the market close on November 10, 2010. Operational and Financial Update Continued increases in the North American rig count as well as accelerated gains in market share across Flotek's business segments should provide sequentially improved operating results in the third quarter. In addition, steady progress in international markets should provide incremental benefits in the quarter. The Company expects revenue for the third quarter to exceed $39 million. Moreover, monthly sequential revenue should show consistent improvement over each of the three months. Flotek expects gross profit margins to be approximately stable with second quarter levels. However, the Company does expect to report an improvement in EBITDA when compared to second quarter results. "We are pleased that the hard work of Flotek's team continued to produce improved results in the third quarter," said John Chisholm, Flotek's Chairman and President. "We continue to focus on profitable revenue opportunities as we push toward our goal of a positive operating net income run rate in 2010. While we have plenty of hard work ahead and understand that our results can vary as the economy and industry grow from the cyclical trough, we believe that goal is achievable." Flotek also continues to experience incremental balance sheet improvement. As of September 30, 2010, Flotek's cash balance was approximately $7.0 million. As of October 7, 2010, the Company's cash balance was approximately $8.7 million. During the quarter, Flotek received a federal income tax refund of approximately $7.1 million. The Company used a portion of this tax refund to pay income taxes for a Flotek subsidiary of approximately $700,000. In addition, under the terms of the Company's agreement with its Senior Lenders, the Company used a portion of the proceeds from the tax refund to reduce the principal value of the Senior Secured Credit Facility by approximately $ 4.9 million. Flotek also made the semi-annual interest payment on its convertible notes of approximately $3 million. In addition, under the terms of the credit facility, the Company made an additional principal payment of $250,000 on September 30, 2010. As a result, during the quarter, the Company reduced the principal balance of the credit facility to $34.9 million from the original principal balance of $40 million. In addition, anticipated positive EBITDA in the quarter will result in an additional principal reduction in Flotek's senior debt upon completion and filing of the Company's third quarter 10-Q. "While the improvement in operating results is important, we are just as pleased with the incremental improvement in our balance sheet," added Mr. Chisholm. "While we understand that cash levels will fluctuate and we continue to have significant challenges ahead, our cash balance combined with the 12.75% reduction in our senior debt levels are signs of meaningful improvement in Flotek's financial health. Moreover, we are pleased that Flotek's cash balance continues to trend higher." Litigation Update As previously disclosed, a class action suit was commenced in August 2009 in the United States District Court for the Southern District of Texas on behalf of purchasers of the Company's common stock between May 2007 and January 2008 seeking to pursue remedies under the Securities Exchange Act of 1934. The complaint alleged that, throughout the time period indicated, the Company made misrepresentations and failed to disclose material adverse facts about its true financial condition, business and prospects. On September 29, 2010, the United Stated District Court dismissed this class action suit, finding that the plaintiffs failed to allege sufficient facts to state a claim under applicable federal securities laws. It is currently unknown whether the plaintiffs will appeal the dismissal of this case. On September 17, 2010, an individual claiming to be a shareholder of the Company filed a purported shareholder derivative petition in State District Court in Harris County, Texas. The petition names the Company as a nominal defendant and certain of the Company's current and former officers, certain of the Company's former directors and four of the Company's current directors as defendants. The suit asserts claims for breach of fiduciary duty and other violations of law, and seeks contribution and indemnification against the individual defendants. The factual allegations in the derivative petition are similar to the factual allegations in the class action suit that was dismissed by the Federal Court on September 29, 2010, and include allegations regarding the Company's internal controls. The Company's Board of Directors is reviewing the allegations made in the derivative suit. About Flotek Flotek Industries, Inc., is a global developer and distributor of innovative specialty chemicals and down-hole drilling and production equipment. Flotek manages automated bulk material handling, loading and blending facilities. It serves major and independent companies in the domestic and international oilfield service industry. Flotek is a publicly traded company headquartered in Houston, Texas, and its common shares are traded on the New York Stock Exchange under the ticker symbol "FTK." INVESTIA FIN'L: Leveraging Scheme Suit Seeks Class Action Status ---------------------------------------------------------------- Evelyn Juan, writing for Dow Jones Newswires, reports the lawsuit versus Investia Financial Services Inc., a Quebec mutual fund dealer, is now seeking class action status after scores of former clients came forward alleging that their money has been similarly put into a so-called leveraging scheme. The amended suit, filed before the Superior Court of Ontario Monday, is seeking general damages of C$2 million for each member of the class, and C$50 million in punitive damages, according to the amended lawsuit filed Monday. Investia was originally sued in June by George French, a farmer from Barrie, Ontario, who claimed that his former financial adviser, David Karas, encouraged him to take out loans from different banks to purchase mutual funds. Mr. French claims that Mr. Karas used a one-size-fits-all investment scheme for his clients and recommended maximum possible loans for every client without properly disclosing the risks associated with the leveraging scheme. In his case, French incurred loans of more than C$1 million by 2007. With the market crash from August 2008 to February 2009, his portfolio declined sharply. According to his court filing, much of his money was allocated to unsuitably high-risk investments, and that his portfolio was "overwhelmingly" in equities, contained less than 8% fixed-income investments and no cash. "Because much of his portfolio represented borrowed money, his ownership value disappeared and he owed far more than the value of his holdings," according to a court filing. French also claimed he was wrongly put into a so-called Financial Victory Scheme in 2006, which provided market-timing alerts at specified times to buy or sell mutual funds. A spokesman for Investia declined to comment. Jon Hollander of Ottawa-based Doucet McBride, which represents French, said not all of those who have come forward about the case participated in the financial victory scheme, "but all of them borrowed to invest in the mutual fund." It cannot be ascertained how many people could be potential class members, but Mr. Hollander said 75 families have already come forward about the case, and a meeting will be held on Oct. 19 with their existing clients in Barrie. The Mutual Fund Dealers Association, the self-regulatory organization for mutual fund dealers in Canada, is scrutinizing Investia. A company spokesman earlier told Dow Jones that Investia is collaborating with regulatory authorities on "any issues." K&L GATES: Sued for Allegedly Aiding "Ponzi-Like" Scheme -------------------------------------------------------- Leigh Jones, writing for The National Law Journal, reports a group of investors in a now-bankrupt entity that controls about 500 real estate companies has filed a class action against K&L Gates and Thompson & Knight for allegedly aiding in a "Ponzi-like" scheme. The purported class, which consists of investors in assisted living centers and other properties, alleges that the two law firms participated in misleading them into investing in the companies, which unlawfully commingled funds among underperforming entities. The lawsuit, filed on Oct. 4 in U.S. District Court in Oregon, seeks damages under the Oregon Securities Act against Sunwest Management Inc., the controlling company. The case is similar to a a lawsuit filed last year against Davis Wright Tremaine of Seattle for its role with Sunwest, which went into receivership last year. The class action is an offshoot of a U.S. Securities and Exchange Commission lawsuit against Sunwest. Last year, a federal judge found substantial evidence that Sunwest commingled funds "in a manner inconsistent with the representations to investors and creditors." Thompson & Knight general counsel Luke Ashley said that the Dallas firm had expected the class action because it is a party to a settlement with the plaintiffs reached last month. The parties are expected to agree to a confidential settlement amount pursuant to mediation they already have undertaken, he said. K&L Gates declined to comment on the lawsuit. The class action alleges that the law firms prepared materials containing misleading statements and misrepresentations about the companies and failed to tell investors about the true financial condition of the company. LE CORDON BLEAU: Faces Class Suit in Calif. Over Alleged Fraud -------------------------------------------------------------- Ali Trachta, writing for LA Weekly, reports a class action lawsuit alleging fraud is currently pending against Le Cordon Bleu in Pasadena, which is owned by the Culinary School of California, a subsidiary of the Career Education Corporation. The suit claims the school leads prospective students to believe they'll become chefs, but that the vast majority of them graduate unable to obtain that position. According to the claim, Le Cordon Bleu's marketing strategy reels in students with "become a chef" advertising and the promise that "a very high percentage, (80% to 90%) of its graduates are placed." However, the claim goes on to say that "those statistics do not relate to 'chef' jobs, but to prep and line cook jobs, and other low wage jobs, available without a culinary degree." It continues that "virtually all" students take on financial aid in order to enroll, then are stuck with student loans they'll never be able to pay off, since Le Cordon Bleu does not adequately train them to obtain high-paying jobs in the culinary field. When asked about these charges, Jeff Leshay, Senior Vice President of Corporate Communications and Public Relations at CEC, said, "We believe this lawsuit has no merit and the claims are ill-founded, and we intend to defend against it." The case against Le Cordon Bleu in Pasadena was filed in 2008, and is not the first bout of criticism the CEC has faced. Back in 2007, SF Weekly talked to both CEC students as well as former admissions officers who agreed that students were misled about what kinds of jobs they would be able to get upon graduating. There's also a similar class action suit against the Western Culinary Institute, another CEC school in Portland, which was filed in 2008 as well. The company owns more than 90 campuses worldwide, 18 of which are culinary schools. Mr. Leshay told us, "We stand by the reputation of the institution; it has a strong reputation as a global leader in culinary education." One possible source of unrest among students may have stemmed from the CEC's decision to change Le Cordon Bleu's curriculum in late 2007. Students went from spending 5 hours in the kitchen per day for 6 weeks (and 2 hours per day in a classroom) to spending just three weeks total in the kitchen per term. The school resumed a 6-week term schedule in May of this year. Over the course of several conversations, Squid Ink asked Mr. Leshay if there was any change in tuition and/or credits received during this time, but was not able to obtain an answer. LEARNING CURVE: Sued for Misrepresenting Crib Products Are Safe --------------------------------------------------------------- Xochitl Caldera, on behalf of herself and others similarly situated v. Learning Curve Brands, Inc., et al., Case No. 2010-CH-44099 (Ill. Cir. Ct., Cook Cty. October 8, 2010), asserts claims for consumer fraud against the defendants for falsely representing that their baby sleep positioners help prevent crib deaths when in fact they have not been able to show "competent scientific proof" that these products are effective in preventing crib deaths. Ms. Caldera says the opposite is true. These products are not safe and pose a serious threat of crib suffocation. On September 29, 2010, the Consumer Product Safety Commission and the Food and Drug Administration issued a warning to consumers to stop using, among others, defendants' baby sleep positioners because they posed a risk of suffocation to babies. Defendants, however, the Complaint states, have not taken all necessary actions to inform the public to stop using their products. Ms. Caldera states that in insisting that their products pose no safety risk to babies, defendants are engaged in consumer fraud, and unless enjoined, will continue to make future misrepresentations about their baby sleep positioner products. Bridget Freeland at Courthouse News Service reports that the class action wants eight companies "to inform the public to stop using these dangerous products." Lead plaintiff sued Learning Curve Brands dba The First Years Company, Summer Infant, Kid Brands dba Sassy, Dex Products, Kiwi Holdings dba Basic Comfort, Prince Lionheart, Baby Delight and Munchkin. According to Courthouse News Service, the complaint notes that the Juvenile Products Manufacturers Association, the trade association that represents the manufacturers of these products, including defendants, said that its members will continue to produce and sell these products. Defendants Kid Brands and Baby Delight have stated on their Web sites that they have stopped selling these products. The other defendants have not. Moreover, all defendants have not yet taken all necessary actions to inform the public to stop using these dangerous products. The Plaintiff does not seek damages for personal injuries arising from the use of these products. But Courthouse News Service says the class seeks costs and damages for consumer fraud. A copy of the Complaint in Caldera v. Learning Curve Brands, Inc., et al., Case No. 10CH44099 (Ill. Cir. Ct., Cook Cty.), is available at: http://www.courthousenews.com/2010/10/12/CribDeaths.pdf The Plaintiff is represented by: Stewart M. Weltman, Esq. Dana M. Pesha, Esq. FUTTERMAN HOWARD ASHLEY WATKINS & WELTMAN, P.C. 122 S. Michigan Ave., Suite 1850 Chicago, IL 60603 Telephone: 312-427-3600 E-mail: sweltman@futtermanhoward.com dpesha@futtermanhoward.com MONSANTO CO: Nov. 30 Opt-Out Deadline in Nitro, W.Va. Litigation ---------------------------------------------------------------- As reported in the July 12, 2010, edition of the Class Action Reporter, Bibb v. Monsanto Company, Civil Action No. 04-C-486 (W.Va. Cir. Ct., Putnam Cty.)(Spaulding, C.J.), claims that from approximately 1948 through 1969, Monsanto Company manufactured an herbicide called 2,4,5-T at its chemical plant in Nitro, West Virginia, and that dioxin was a toxic byproduct of the manufacture of 2,4,5-T. The lawsuit claims that dioxin was released into the air from burning waste material at the old Monsanto plant and other places in the area where waste materials from the plant were burned. The lawsuit claims that the dioxin emissions contaminated properties in the Class Area and caused a significant health risk to some persons who lived, worked full-time or attended school full-time in the Class Area. The lawsuit seeks compensation for members of the Property Class whose properties are demonstrated at trial to have been damaged. The lawsuit also seeks medical monitoring benefits for members of the Medical Monitoring Class who meet specific criteria to be determined at trial. The Defendants deny the allegations in the lawsuit and specifically deny that any emissions or contamination resulting in property damage or any significant health risk have occurred. The claims against the Defendants have not been proven, and there is currently no money or benefits available. The specific claims made on behalf of the Property Class and Medical Monitoring Class and the corresponding defenses of the Defendants will be presented and resolved at trial. Any person who wants to be excluded from this class action proceeding must act by November 30, 2010, by following the instructions provided at http://www.BibbClass.com/ The Court has also certified a Property Class in Bibb v. Monsanto Company. The membership of the Property Class and their claims against the Defendants are different from that of the Medical Monitoring Class, although some people may be members of both Classes. The Property Class includes anyone who, on September 30, 2010, owned property in Putnam or Kanawha Counties in West Virginia located within the Class Area. PARTNER COMMUNICATIONS: Faces Class Action Lawsuit -------------------------------------------------- Partner Communications Company Ltd., an Israeli mobile communications operator, disclosed that it was served on October 6 with a lawsuit and a motion for the recognition of this lawsuit as a class action, filed against Partner in the Tel-Aviv District Court. The claim alleges that Partner did not comply with the requirements of the Israeli Consumer Protection Law regarding continuous transactions. If the lawsuit is recognized as a class action, the total amount claimed is estimated by the plaintiff to be approximately NIS98 million. Partner is reviewing and assessing the lawsuit and is unable, at this preliminary stage, to evaluate, with any degree of certainty, the probability of success of the lawsuit or the range of potential exposure, if any. SOCIETE GENERALE: US Subprime Class Suit Successfully Defended -------------------------------------------------------------- Andrew Pugh, writing for The Lawyer, reports Skadden Arps Slate Meagher & Flom has successfully defended Societe Generale in a class action that alleged the bank violated US securities law and misled investors over its exposure to subprime mortgages. The consolidated securities class action was brought against the bank and several executives, including former chairman and chief executive officer Daniel Bouton. On 29 September, after almost three years of proceedings, the US District Court for the Southern District of New York upheld SocGen's motion to dismiss, rejecting the class action as inadmissible. Plaintiffs the Vermont Pension Investment Committee, the Boilermaker-Blacksmith National Pension Fund and the United Food and Commercial Workers Union joint pension fund were represented by Robbins Geller Rudman & Dowd partner Theodore Pintar. The court ruled that the plaintiffs had failed to establish the bank had knowingly made false or misleading statements, and that insider trading allegations had not been substantiated. It cited the decision by the US Supreme Court in Morrison v National Australia Bank, which ruled that investors who purchase shares in non-US companies listed on non-US exchanges could not bring action in the US to seek compensation under federal securities law. The Skadden team included lead partner Pierre Servan-Schreiber in Paris assisted by Coline Vuillermet, Sidne Koenigsberg and Olivier Boulon, and New York partner Scott Musoff supported by Bryan Levine. ST. JOE: Questions Raised in Courthouse Class Suit Ruling --------------------------------------------------------- Lucy Morgan, writing for St. Petersburg Times, reports when the 1st District Court of Appeal started negotiating to build the courthouse that would come to be derided as the Taj Mahal, the St. Joe Co. was in an important legal battle before the same court. St. Joe, former owner of the land the new courthouse would be built on, was fighting a class-action lawsuit by 75 mostly poor, mostly African-American property owners who lived in Millview. The town was what the name suggests, within view of the smoke- belching paper mill St. Joe opened in Port St. Joe in 1938. The mill closed in 1998, two years after St. Joe sold it. Some Millview residents fought to save houses that were cracking and crumbling as the land beneath them shifted. Others just wanted houses where they could safely use well water and have gardens. Their lawsuit seeks compensation for the land and modest homes built over the years St. Joe dumped waste on the property. After the residents won a crucial ruling in their lawsuit against St. Joe, the company appealed to the 1st District Court of Appeal. Unbeknownst to the Millview families and their lawyers, the court they were relying on for justice was working with the very company they were fighting. After St. Joe appealed to the court: In a letter to the Florida Supreme Court, the 1st District Court of Appeal proposed building a new courthouse in a St. Joe development called Southwood, on land acquired from St. Joe. Appeal Judge Paul Hawkes purchased a half-million-dollar home in Southwood. A three-judge panel of the court, including Judge Hawkes, heard St. Joe's appeal and overturned the crucial ruling the trial judge had made in favor of the Millview residents. Nobody disclosed that the very court that issued the ruling was doing business with the company on the other side of the case. The Millview side didn't find out until five years later, when the St. Petersburg Times published stories about the opulent new courthouse. "It's just an outrage against voiceless people," said Robert G. Kerrigan, head of one of three law firms representing the Millview families. "My clients, like all litigants, deserved a fair, impartial judge. Instead, they got a buddy of the St. Joe Company. That fact, undisclosed by him, suggests he is unfit for the bench." Judge Hawkes has not returned messages seeking comment since the first Times story about what some belittle as the "Taj MaHawkes," and he did not respond to a request for comment for this story. "The St. Joe Company holds itself to the highest standards of ethical conduct," Liz Pierce, St. Joe's vice president of corporate marketing, said in a statement. "We support the decision by the appellate court in this matter. The ruling was based on sound legal grounds and made by a panel of three judges." CLASS ACTION LAWSUIT For more than 20 years, the St. Joe Paper Mill spewed sulfurous exhaust, and the company dumped mill waste on wetlands it owned at Port St. Joe. The company sold the land to poor, African-American mill workers who built small homes in Millview, a half-mile from the mill. Also known as "the quarters," it was the only neighborhood available to black families in the segregated city of Port St. Joe. Several plaintiffs in the lawsuit were children in the 1940s and remember watching trucks from the paper mill dump loads of pine bark, ash, salt cake and other substances on land near their homes. Kids played on the mounds of waste that allegedly included arsenic, lead, mercury, cadmium, PCBs and other toxic waste. In 2003, three Panhandle law firms joined forces and filed suit against the St. Joe Co., one of Florida's largest landowners and politically powerful companies. St. Joe denied that the substances deposited at Millview were hazardous. With the cost of depositions and experts, it can cost a small fortune to prosecute a lawsuit. A tried-and-true method for deep- pocketed companies is to string a case along until the other side can't afford to stay in the fight. Trying the Millview cases one at a time would be a loser for the plaintiffs. Their best hope was to consolidate their cases as a class action. In November 2004, Gulf County Circuit Judge Judy Pittman approved doing that. On Dec. 14, 2004, St. Joe appealed the ruling to the 1st District Court of Appeal. RULING OVERTURNED The 1st District Court, with 15 judges, is the state's largest. It hears appeals of civil and criminal cases from Jacksonville to Pensacola, as well as most appeals involving the state and all workers' compensation cases. Running out of space in its building in downtown Tallahassee, 1st District Court Chief Judge James Wolf wrote to the Florida Supreme Court on March 4, 2005, proposing construction of a new home for the appeal court at Southwood, about 6 miles southeast of the Capitol. Later that month, Judge Wolf wrote to legislative budget staffers that they needed to speed up construction to avoid losing the Southwood land. When the state acquired the land from St. Joe in 1999, it included a "reverter clause" that said the company would take back ownership if construction of a state building did not begin before Jan. 1, 2008. As the court focused on moving to Southwood, 1st District Court Judge Hawkes closed on a new home in the residential section of the same development. The seller was a private home builder. The deed, dated April 29, 2005, reflected a sale price of $549,000. Judge Hawkes' mortgage was $439,100. Two weeks later, May 17, 2005, Judge Hawkes and two fellow judges heard oral arguments in St. Joe's appeal of the trial court order allowing the Millview class-action lawsuit. On July 29, 2005, in an opinion written by Judge Hawkes, the 1st District Court sided with St. Joe, a ruling upheld by the Florida Supreme Court under rules that restrict the number of appeals the higher court will accept. Millview residents would have to file one lawsuit at a time. The ruling devastated the plaintiffs, many of them poor and elderly. Five years later, not a single case has gone to trial. The lawyers for the Millview residents are working on contingency. Mr. Kerrigan estimates they have spent $1 million on expenses, with no end in sight. "It would literally bankrupt the lawyers to try these cases individually," he said. "We have not been able to find an orderly way to go to trial. St. Joe has benefited greatly by this." Tallahassee lawyer Tracy Moye represented seven homeowners whose houses were falling apart as the ground settled where St. Joe deposited pine bark near Millview. Settling the cases took six years, for amounts Ms. Moye said she's not allowed to disclose. Mr. Kerrigan said the plaintiff lawyers are exploring trying to get the case before the Florida Supreme Court in an extraordinary proceeding. "There is nothing to do but to go back and ask the court to consider the appearance of impropriety here." Internal 1st District Court e-mails and building committee minutes obtained from the court and the state Department of Management Services say the 1st District Court judges asked St. Joe officials to extend the reverter clause and to waive a height restriction on the new courthouse building at Southwood. In the "court's notes" taken during a meeting about the new building on May 23, 2007, Judge Hawkes' law clerk noted that to get the variance, Judge Hawkes "will work his St. Joe contacts." Later that day, Judge Hawkes e-mailed other judges and said he had spoken with Chris Corr, St. Joe's chief strategy officer. Mr. Corr was a former legislator who served with Judge Hawkes in the House in the early 1990s and on the Constitutional Revision Commission in 1997. Mr. Corr was also a reference for Judge Hawkes when he sought appointment to the court in 2002. Judge Hawkes said St. Joe was doing some research "with the goal of getting to 'yes' on approving a four story design." The court later went with a three-story building over an enclosed basement parking area. Last week, Mr. Corr said he recalled dealing with the reverter clause but did not remember any question about the height restriction. H e now works for Aecom, an international provider of architectural and engineering services that is on the architectural team for the new courthouse. Mr. Corr said he is not involved in the project. The 1st District Court also tried to influence the city of Tallahassee. In a report of a court meeting on June 20, 2007, court Judge Wolf suggested "perhaps we can elevate this to the level of the mayor's office or City Council so the city planning department would be more comfortable in working with us." JUDGES' LOBBYING The unusually close involvement of some 1st District Court judges in lobbying and personally negotiating with landowners and city planners has created apparent conflicts of interest related to several litigants that come before the appellate court, according to many lawyers and judges who said they are afraid to be named for fear of retaliation by the court. "When these judges decided to be, in essence, their own contractors or contract consultants using their 'connections' to help build their courthouse, they put their judicial independence at risk," Mr. Kerrigan said. "The city of Tallahassee, the St. Joe Company, possible subcontractors, state agencies like DEP and who knows who or what else may all have litigation on appeal before the court," he said. "When Hawkes decided he was going to act like a lobbyist or a legislator and get down and dirty with the project, he failed to appreciate the need for judicial impartiality, balance and demeanor. Advancing what they wanted for themselves caused all involved to lose sight of the role of a judge and the high calling of uncompromised fairness that comes with the job." Edwin B. Browning Jr., chief judge at the 1st District Court until he retired in January 2009, defended the push to get a new courthouse but said he was uncomfortable with the lobbying by judges and some of the extras included in the new building. "I guess every judge has to march to the beat of his own drum," Browning said. "Judge Hawkes doesn't see anything wrong with it, his conscience has to be his guide. There is nothing wrong with lobbying, but it's a little distasteful to me." The Times recently published a list of legislators the 1st District Court called "heroes" for helping it get the money to build the new courthouse. One name jumped off the page to litigants and lawyers involved in workers' compensation cases: Rep. Dennis Ross. A Lakeland Republican, Mr. Ross is an insurance lawyer who specializes in defending workers' comp cases. He said he can't recall what he did to help with the new courthouse, but he said he helped the 1st District Court get extra money to create a workers' compensation staff to help with cases. Mr. Ross practices before the court, which handles all workers' compensation appeals in Florida. When Lakeland fire inspector David Bivens lost his workers' comp case before the 1st District Court, Mr. Ross represented Mr. Bivens' employer. Mr. Bivens was shocked to find Ross' name on the heroes list. "I am really feeling uneasy about the way things have developed," Mr. Bivens said. "I plan on asking the court through my attorneys to have the honorable Judge Hawkes recuse himself and to file a complaint." SUNTRUST MORTGAGE: Strauss & Troy Files Class Action Lawsuit ------------------------------------------------------------ Strauss & Troy law firm has filed a lawsuit against SunTrust Mortgage, Inc. and SunTrust Bank, Inc., alleging that SunTrust deceived homeowners into paying thousands of dollars for promised home loan modifications under the United States Treasury's Home Affordable Modification Program and then failed to follow through on the agreements. The class action complaint was filed in the U.S. District Court for the Eastern District of Kentucky, by William and Elizabeth Vincent seeking to represent other homeowners who paid for promised mortgage restructurings. HAMP is a federal government program which provides incentives to participating banks to enter into agreements with homeowners to adjust existing mortgages to make them more affordable. The complaint alleges that after accepting the offered modification payments, SunTrust wrongfully refused the permanent modifications and in some cases forced homeowners into defaults. The lawsuit accuses SunTrust of breach of contract, breach of implied covenant of good faith and fair dealing, and violation of Kentucky's Consumer Protection Act and violation of the Truth in Lending Act. If you wish to discuss a similar experience involving SunTrust Bank or another lending institution, or if you wish to review a copy of the complaint, please contact Jack Gatlin, Esq., or William K. Flynn, Esq. or legal assistant Annie C. Jansen, Strauss & Troy, 800-669-9341 or by e-mail at jsgatlin@strausstroy.com or wkflynn@strausstroy.com The Strauss & Troy law firm, with offices in Cincinnati, Ohio and Northern Kentucky, has successfully prosecuted class action litigation for violation of consumer and investor protection laws. For more information, visit Strauss & Troy's Web site at http://www.strausstroy.com/ UNITED STATES: Filipino World War II Veterans File Class Suit ------------------------------------------------------------- Joseph Lariosa, writing for GMANews.TV, reports seven Filipino World War II veterans on Saturday (Manila time) filed a class suit against the U.S. Department of Veterans Affairs and demanded for full benefits similar to their American counterparts. Veterans from Los Angeles, San Jose and San Francisco in California and from Washington D.C. as well filed a class action for court injunction and declaratory relief before the U.S. District Court of Northern California on behalf of 17,000 applicants who were earlier denied of their lump-sum benefits. In the class suit, the veterans questioned the $787-billion American Recovery and Reinvestment Act signed in 2009 by U.S. President Barrack Obama, which allotted lower financial benefits to veterans who are non-U.S. citizens. The complainants argued that giving Filipino war veterans benefits less than what other U.S. military veterans receive "violates the equal protection clause of the American Constitution" and deprives the Filipinos of "due process of the benefits that other US veterans enjoy." Under the ARRA, Filipino war veterans who are not U.S. citizens will receive a $9,000 lump sum pay, while U.S. citizens will get $15,000. Several class action lawsuits have been filed in various U.S. districts since the 1950s and the 1960s, but all were dismissed for violating the state of limitation since they were filed out of time. Widows, too In the same class suit, 22 widows of Filipino war veterans likewise asked the US court to let them collect the benefits on behalf of their deceased husbands. The widows argued that the provision in the ARRA excluding veterans who died before the passage of the law is a form of "discrimination." "Their [Filipino war veterans'] deaths cannot erase the fact the fact that they have already rendered active military service and have suffered as a result thereof. They should, therefore, be eligible to claim benefits through their widows as their heirs and representatives," the class suit read. The surviving Filipino war veterans and the widows also asked the U.S. court to compel the USVA to accept new applications for benefits, since the agency's records are "unreliable" owing to a fire in Missouri in 1973 that supposedly razed millions of military records. Several Filipino war veterans, who applied for benefits under the ARRA, have been turned down by the USVA because their names did not match records kept by the US government's National Personnel Records Center. VILLAGE OF CRESTWOOD: Sued for Supplying Contaminated Tap Water --------------------------------------------------------------- Shirley Olatunde, et al., individually and on behalf of a class ofsimilarly situated individuals, et al., v. The Village of Crestwood, et al., Case No. 2010-L-011548 (Ill. Cir. Ct., Cook Cty. October 8, 2010), accuses the defendants of negligently or wilfully supplying contaminated tap water (from a contaminated well) to their residences or businesses despite knowing that the water was contaminated and posed health risks to its residents and businesses. The Village of Crestwood is a municipal corporation incorporated in 1928 and located outside the City of Chicago, in Cook County, Illinois. The other co-defendants, namely Chester Stranczek and Robert Stranczek, are being sued individually and in their official capacities as past mayor (1970 - 2007) and current mayor, respectively, of Crestwood. The Plaintiffs, who are present and former residents of Crestwood, say that it the late 1980's, the Environmental Protection Agency (EPA) advised officials of Crestwood, including its then mayor, defendant Chester Stranczek, that its tap water was contaminated with toxic chemicals linked to cancer and other health problems. According to the Complaint, officials of Crestwood lied to state regulators, telling them that Crestwood obtained all its water from Lake Michigan and would use the tap water from the contaminated well only in an emergency, when in fact it was relying on the contaminated tap water for up to 20% of its water supply in any given month. The fraud caused many residents to suffer from health problems, including plaintiffs, who believe their health problems were caused by drinking, bathing, and cooking with the contaminated tap water. The Complaint adds that defendant Robert Stranczek, Crestwood's current mayor, knew when he became mayor, that the water was contaminated, yet continued to draw water from the contaminated well for the use of its residents and businesses and represented that the water was being pumped from Lake Michigan. The Plaintiffs are represented by: Steven J. Seidman, Esq. THE LAW OFFICES OF STEVEN J. SEIDMAN 20 South Clark Street, Suite 700 Chicago, IL 60603 Telephone: (312) 781-1977 WASHOE COUNTY: Class Suit Settlement Funds to Go to Food Bank ------------------------------------------------------------- Martha Bellisle, writing for The Reno Gazette-Journal, reports a settlement in a nationwide lawsuit against vitamin companies that ripped off customers will help feed hungry Washoe County elementary school children, officials said Monday. The more than $45,250 slated for Northern Nevada from a multi- state class action settlement will fill 9,000 backpacks given to children who are chronically hungry, said Jocelyn Lantrip, a spokeswoman for the Food Bank of Northern Nevada. "One third of the children in Washoe County don't have enough to eat," she said. "There's a significant need." The funds will allow the Food Bank to increase its distribution from the current 700 bags per week to 1,000 per week, Ms. Lantrip said. Nevada Attorney General Catherine Cortez Masto is scheduled to deliver the settlement check to the food bank on Thursday, Ms. Lantrip said. The funds coming to Nevada will help the hungry in both the north and south, Ms. Masto said. A larger portion of the settlement, $126,000, will go to the Three Square Food Bank, which serves Clark, Esmeralda, Lincoln and Nye counties, Ms. Masto said. "The illegal price fixing should have never occurred in the first place," she said in a statement. "It is critical to protect free- market competition through vigorous antitrust law enforcement." Nevada was one of 22 states to join the complaint filed in the U.S. District Court in Washington, D.C. in November 2009 against a list of companies that had banded together to fix the prices of vitamins they sold, said Edie Cartwright, spokeswoman for the attorney general's office. The pricing conspiracy forced consumers to pay higher costs on certain vitamins between 1988 and 2000, she said. The companies agreed in December to settle the class-action suit for $25 million and states were ordered to distribute the money "for the improvement of the health and nutrition of the citizens of the states involved," Ms. Cartwright said. A judge has approved the two food banks and Nevada received the money Monday, she said. The food bank started the school backpack several years ago to help children who were "in transition," meaning they were homeless or living in motels, she said. Last year they expanded the program to include more children, Ms. Lantrip said. Counselors and teachers are trained to watch for children who may be struggling because of a lack of food, she said. The children are first given a backpack with meals inside, and can return to the counselor's office each week to get a refill, she said. The bags include shelf-stable milk, cereal, one-dish meals they can serve themselves, pop-top cans and other items aimed at providing balanced nutrition, Ms. Lantrip said. WESTERN POWER: Toodyay Blaze Victims to Launch Second Class Suit ---------------------------------------------------------------- ABC News reports Toodyay residents who lost homes and property in last year's bushfires say they will launch a second class action against Western Power, despite a $10 million compensation offer. The State Government and Western Power will each contribute $5 million towards an assistance package for the victims of the bushfire which destroyed 38 homes. People will be able to claim $150,000 for the loss of a house, $30,000 for home contents and $19,000 for the loss of cars. Premier Colin Barnett says of the 38 homes destroyed in the blaze, 20 were uninsured and many were under-insured. Toodyay resident Laurie Biggs says the package does not go far enough and he has contacted a Melbourne law firm to look at launching a second class action against Western Power. "Before this comes to an end there will be court action," he said. "I'm glad that there were no conditions that prevented us from suing Western Power. That's something that I'm very grateful that the Premier has seen fit to make sure that we can still go ahead and sue." Another resident Mahree Jones is also not satisfied with the offer. "We want a bit more, I don't think it's going to cover it," she said. Ms. Jones is part of the first class action against the utility and she says she will continue to fight the matter in court. Two reports have found a rotten power pole caused the December blaze that destroyed the homes but Western Power is still refusing to accept liability. The Member for Moore Grant Woodhams says he would not be surprised if there was further legal action taken against the utility. "Obviously, Western Power have come out with the comment that they don't accept liability," he said. "The State Government certainly accepts the finding of the Energy Safety report that a Western Power pole started the fire and that's not likely to change. I think there's just going to be that Mexican stand-off if you like." Asbestos Litigation ASBESTOS UPDATE: Bondex, SPHC Involved in Bodily Injury Lawsuits ---------------------------------------------------------------- RPM International Inc. says that Bondex International Inc. and its parent, Specialty Products Holding Corp., are defendants in various asbestos-related bodily injury lawsuits filed in various state courts. These cases generally seek unspecified damages for asbestos- related diseases based on alleged exposures to asbestos-containing products. On May 31, 2010, Bondex and SPHC filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware. SPHC is the parent company of Bondex and is also the parent company for various operating companies that are not part of the reorganization filing, including Chemical Specialties Manufacturing Corp., Day-Glo Color Corp., Dryvit Holdings, Inc., Guardian Protection Products Inc., Kop-Coat Inc., TCI, Inc. and RPM Wood Finishes Group, Inc. SPHC and Bondex filed for bankruptcy to permanently and comprehensively resolve all pending and future asbestos-related liability claims associated with Bondex and SPHC-related products. As a result of the filing, all Bondex and SPHC asbestos personal injury lawsuits have been stayed due to the imposition of an automatic stay applicable in bankruptcy cases. In addition, at the request of SPHC and Bondex, the bankruptcy court has entered orders staying all claims against the Company and its affiliates that are derivative of the asbestos claims against SPHC and Bondex. Prior to the bankruptcy filing, the filing entities had engaged in a strategy of litigating asbestos-related products liability claims brought against them. Claims paid during the year ended May 31, 2010, prior to the bankruptcy filing, were US$92.6 million, which included defense- related payments during the year of US$42.6 million. No claims have been paid since the bankruptcy filing and it is not contemplated that any claims will be paid until a plan of reorganization is confirmed and an asbestos trust is established and operating. Medina, Ohio-based RPM International Inc. operates a portfolio of businesses and product lines that manufacture and sell a variety of specialty paints, protective coatings and roofing systems, sealants and adhesives. ASBESTOS UPDATE: Texas Gets $138T to Protect Citizens From Hazard ----------------------------------------------------------------- The U.S. Environmental Protection Agency awarded US$138,678 to Texas to protect citizens from possible asbestos exposures, according to an EPA press release dated Oct. 8, 2010. The project will continue to prevent unnecessary exposure to asbestos in the workplace and in buildings. The project is covered under the Asbestos Hazard Emergency Response Act. The program provides protection through on-site surveillance where asbestos is found. AHERA requires local education agencies to inspect schools for asbestos-containing building material and prepare management plans to reduce the hazard. The Act also establishes a program for the training and accreditation of individuals performing certain types of asbestos work. Although asbestos is hazardous, human risk of asbestos disease depends upon exposure. Removal is often not the best course of action to reduce asbestos exposure. Improper removal may create a dangerous situation where none previously existed. EPA only requires removal in order to prevent significant public exposure to asbestos, such as during building renovation or demolition. EPA recommends in-place management whenever asbestos is discovered. Instead of removal, implementation of a management plan will usually control fiber release when materials are not significantly damaged and are not likely to be disturbed. ASBESTOS UPDATE: Malta Court Turns Down Lawsuit Filed by Attards ---------------------------------------------------------------- The First Hall of the Civil Court in Malta turned down an application filed by the family of Joseph Attard, a dockyard worker who died of mesothelioma, the Times of Malta reports. Mr. Attard's family claimed that the cancer was caused by exposure to asbestos during the 15 years Mr. Attard worked at the dockyard. Mr. Attard's wife, Maria, together with daughter Claudia and son Anthony, filed an application in the First Hall of the Civil Court, in its constitutional jurisdiction, claiming that government authorities violated their human rights by withholding vital information that exposure to asbestos was lethal. The family said four of their fundamental rights had been breached: the right to life, not to be subjected to degrading treatment, to information and to a private and family life. The application was filed against the Transport Ministry, the director general of Public Health, director general of the Health and Safety Authority, the Police Commissioner and the Attorney General. However, all five government entities said none of them was responsible for Mr. Attard's death. They also argued that the Attard family did not exhaust all the remedies available to them by law and instead opted for an "extraordinary procedure" by filing the case in the First Hall of the Civil Court, in its constitutional capacity. In doing so, the Attard family abused the constitutional process, they insisted. However, the family argued that on statutory, jurisprudential and practical bases, "ordinary remedies" were not a viable option. Justice Joseph Zammit McKeon pointed out that turning to the civil court in its constitutional capacity was "an extraordinary measure" and should only be used when the ordinary law was not enough to safeguard individuals' fundamental rights However, defense lawyer Juliette Galea said that the Attard family would file an appeal against the decision in the near future. ASBESTOS UPDATE: U.K. Appellate Court Ruling "Worries" Sufferers ---------------------------------------------------------------- The U.K. Court of Appeal, on Oct. 8, 2010, has thrown into chaos compensation for people suffering from mesothelioma, the Chronicle News reports. A loophole means people diagnosed with mesothelioma could be denied the money they deserve. Thousands of former workers in the North East are affected by asbestos, which was used in the region's heavy industry such as shipbuilding. However, because mesothelioma and other conditions develop decades after exposure to the lethal fibers, people diagnosed with industrial illnesses have to trace the insurer of their former employer to launch a claim. Insurers argue that the wording of some of these insurance policies mean they are not responsible, because no symptoms were shown at the time of the asbestos exposure. On Oct. 8, 2010, three Court of Appeal judges were unable to agree on who should be liable for the claim. They found that in some cases the responsibility lay with the employer's insurer at the onset of symptoms, which can be 50 or 60 years later. Many employers will have gone out of business in that time, meaning there could be no one to foot the bill. Roger Maddocks, a partner at Irwin Mitchell solicitors in Newcastle, said it is a matter of pot luck which victims will be compensated. Asbestos campaigner Chris Knighton, from the Mick Knighton Mesothelioma Research Fund in Wallsend, said it was a blow to sufferers. ASBESTOS UPDATE: Kennard Case Against 27 Firms Filed on Sept. 20 ---------------------------------------------------------------- Lovell L. Kennard, on behalf of his mother Eula Kennard, on Sept. 20, 2010, filed an asbestos-related lawsuit against 27 defendant corporations in St. Clair County Circuit Court, Ill., The Madison/St. Clair Record reports. Lovell Kennard claims Mrs. Kennard was secondarily exposed to asbestos fibers through her late husband, Joseph Kennard, who worked as a box car builder at Pullman Standard, as a laborer at Ceco Steel and as a laborer at American Cast Iron Pipe Company from the 1950s through the 1980s. As a result of her exposure to the asbestos fibers, Mrs. Kennard developed lung cancer, which led to her death Jan. 15, 2009, according to the complaint. In his 10-count complaint, Lovell Kennard seeks US$200,000 for economic damages, US$50,000 for punitive and exemplary damages, US$100,000 in compensatory damages, punitive damages in an amount sufficient to punish Sprinkmann Sons Corporation and Young Insulation Group to deter them from their misconduct and a judgment for more than US$150,000. Randy L. Gori, Esq., and Barry Julian, Esq., of Gori, Julian and Associates in Edwardsville, Ill., will be representing Lovell Kennard in Case No. 10-L-495. ASBESTOS UPDATE: Geer Case Filed Oct. 5 in Harris County, Texas --------------------------------------------------------------- Ada M. Geer, on behalf of Gale V. Geer, on Oct. 5, 2010, filed an asbestos-related lawsuit in Harris County District, Court, Tex., the Ultimate East End reports. The case was filed against East End, Tex.-based Afton Pumps Inc., Baldor Electric Co., Continental Automotive Systems Inc., Detroit Stoker Co., and others. The suit claims negligence, fraud, wrongful death and conspiracy. Mrs. Geer says Mr. Geer died from mesothelioma on Jan. 19, 2009 and Dr. Bedrossian concluded on Sept. 27, 2010, that the disease came about most likely due to his exposure to the asbestos. Mrs. Geer claims that the man was exposed to asbestos products in his lifetime, all associated with the defendants. Mr. Geer served in the U.S. Marines from 1943 through 1945, was a machinist and fabricator from 1946 through 1949 and again from 1950 through 1983. He also was allegedly exposed through home construction projects and work on cars. Mrs. Geer seeks damages to punish the defendants, including actual damages, punitive damages, medical costs, physical pain and mental anguish in the past and future, court costs and any other damages they are entitled to by the court. Houston law firm, The Lanier Law Firm, represents Mrs. Geer in Case No. 2010-65675. ASBESTOS UPDATE: Indian Court Issues Notices of Writ for Workers ---------------------------------------------------------------- On Oct. 8, 2010, the Jodhpur bench of the Rajasthan High Court issued notices to respondents in a writ petition demanding compensation and medical aid for asbestos mineworkers, The Times of India reports. The petition was filed on behalf of the Rajasthan State Mine Labour Union. Asbestos mines are situated in the Udaipur and Ajmer-Beawar region in Rajasthan, India. The Centre has banned issue of new mining leases and extension or expansion of them in 1986. Recently, various mine laborers who had worked in asbestos mines in that region were found with asbestosis symptoms. After hearing the arguments on behalf of the Rajasthan State Mine Labour Union, Justice Govind Mathur issued notices to the respondents for a final disposal of the petition and called upon the mining, medical, labor departments and the National Institute of Occupational Health (NIOH), Ahmedabad to submit their replies on Oct. 25, 2010. Arguing on behalf of the Rajasthan State Mine Labour Union, advocate Sanjeet Purohit submitted that in 2006-07 the NIOH had made a health survey and found 80 percent of mineworkers in Ogana tehsil to be suffering from the deadly disease. Despite this, neither medical aid has been extended nor compensation granted to the kin of deceased workers. Purohit said, after the survey, 10 asbestos mineworkers died in 2009. ASBESTOS UPDATE: Eddleston Widow to Get GBP150T in Compensation --------------------------------------------------------------- Joan Eddleston, the widow of Arthur Eddleston, will get more than GBP150,000 in asbestos compensation after the Court of Appeal ordered insurers to pay up in a landmark legal ruling, the Manchester Evening News reports. The 72-year-old Mrs. Eddleston took on the Independent Insurance Company when they refused to pay the cash she had been previously awarded by a judge. Mr. Eddleston died at the age of 58 from mesothelioma after being exposed to asbestos during the 20 years he worked for a construction firm. He was exposed to asbestos while working for a firm called Premier Construction in Lancashire. Mrs. Eddleston took Premier to court and won, but Premier then went out of business. They had insurance with Independent, who refused to pay out the money. The firm argued that the wording of the insurance policy did not cover workers who were exposed to asbestos and later died from mesothelioma. However, the Court has decided that, in some cases, the employers' liability insurance is "triggered" not by the exposure to asbestos but by the development of the disease decades later. The Court of Appeal decision means thousands of other people will also be able to get compensation. However, many others will not get any money because the insurance policies are worded differently. Solicitors involved in the test case say it is "very likely" to go to the highest court in the land, the Supreme Court. ASBESTOS UPDATE: Regency Fined $7.5T for Air Quality Violations --------------------------------------------------------------- The Iowa Department of Natural Resources issued a US$7,500 penalty to Regency of Iowa Inc. for air quality violations that officials from the DNR say occurred at their mobile home parks in Iowa City and Huxley in 2009, the press-citizen.com reports. In an administrative consent order issued by the DNR on Oct. 5, 2010, the DNR alleged that six mobile homes in Iowa City and five in Huxley were demolished or in the process of being demolished without proper notification of the DNR. The homes also had not undergone the appropriate testing for asbestos, the DNR said. Regency of Iowa Inc., which is owned by the Churchill Group of Carbondale, Colo., denies that it violated any statutes regulating air quality, according to the consent order. The fine comes in the midst of two investigations into the management of the Iowa City Park. The DNR received a complaint about an air quality violation at the Iowa City Park in August 2009, and environmental specialist Ryan Stouder visited the park on Aug. 25, 2009. Mr. Stouder told then- manager of Regency Tina Stroud that demolition had to stop until asbestos inspections were completed. Mr. Stouder returned to the site three more times over the next month and found that Stroud had taken the debris to the Iowa City landfill without having it properly tested. DNR officials visited the site in Huxley on Sept. 14, 2009, and found demolition being done without notification. Officials took samples from the debris, determined that asbestos was present and issued a Notice of Violation Letter on Oct. 13, 2009. Kelli Book, a lawyer for the Iowa DNR, said the amount of time between the notice of violation and the consent order varies depending on the situation. A payment schedule outlined in the consent order shows Regency is to pay the US$7,500 fine in 24 installments over the next two years, with the final payment to be completed Sept. 1, 2012. The Regency Mobile Home Court in Huxley was sold to the city earlier and an official at the park said she had no knowledge of the violation. ASBESTOS UPDATE: Minn. Court Issues Split Ruling in API Case ------------------------------------------------------------ The U.S. District Court, District of Minnesota, issued split rulings in a case involving asbestos filed by A.P.I., Inc. The case is styled A.P.I., Inc. Asbestos Settlement Trust and A.P.I., Inc., Plaintiffs v. Home Insurance Company Zurich American Insurance Company, Zurich-American Insurance Company of Illinois, Steadfast Insurance Company, Zurich Insurance Company (Switzerland), American Guarantee and Liability Insurance Company, American Zurich Insurance Company, and Orange Stone Reinsurance (Ireland), Defendants. District Judge John R. Tunheim entered judgment in Civil Action No. 09-975 (JRT/JJG) on Sept. 30, 2010. On July 17, 2009, Zurich American Insurance Company, Zurich- American Insurance Company of Illinois, and Steadfast Insurance Company (original Zurich defendants) moved for judgment on the pleadings of A.P.I., Inc. and A.P.I., Inc. Asbestos Settlement Trust's (plaintiffs) First Amended Complaint (FAC). On March 31, 2010, the Court issued an order (March 31 Order) granting in part and denying in part the original Zurich defendants' motion for judgment on the pleadings. The Court granted the original Zurich defendants' motion as to Count 6 for fraudulent transfer, Count 8 for tortuous interference with contractual relations, and Count 10 for violations of the Minnesota Consumer Protection Act. The Court denied the motion in all other respects. On Nov. 19, 2009, after oral argument on the original Zurich defendants' motion for judgment on the pleadings, but before the Court issued its order on that motion, plaintiffs filed a Second Amended Complaint (SAC). The SAC did not add or change the substantive claims alleged in the FAC. Instead, the SAC added as defendants Zurich Insurance Company (Switzerland), American Guarantee and Liability Insurance Company, American Insurance Company, and Orange Stone Reinsurance (Ireland) (new Zurich defendants), and referred to all defendants collectively as "Zurich." Plaintiffs alleged that the new Zurich defendants were parties to transactions involving Home Insurance Co., took insurance business from Home, and were successors-in-interest to or alter egos of Home and other entities. On Dec. 22, 2009, the original Zurich defendants and the new Zurich defendants filed the instant motion to dismiss the SAC. It was ordered that defendants' First Motion to Dismiss the Second Amended Complaint was granted in part and denied in part as follows: -- The motion was granted as to Counts 6 (fraudulent transfer), 8 (tortuous interference with contractual relations), and 10 (violations of the Minnesota Consumer Protection Act). Accordingly, those claims were dismissed with prejudice. -- The motion was denied in all other respects. John H. Faricy, Jr. Esq., and Vadim Trifel, Esq., of Faricy Law Firm, P.A., in Minneapolis, represented Plaintiffs. Peter G. Van Bergen, Esq., and Andrea E. Reisbord, Esq., of Cousineau McGuire Chartered, in Minneapolis; and Richard Mancino, Esq., Joseph G. Davis, Esq., Russell D. Morris, Esq., and Christopher J. St. Jeanos, Esq., of Wilkie Farr & Gallagher LLP, in New York, represented Defendants. ASBESTOS UPDATE: Court Flips Summary Judgment in Castorena Case --------------------------------------------------------------- The Supreme Court of Idaho, Boise, reversed the ruling of the District Court, Sixth Judicial Hearing, Bannock County, which granted summary judgment in favor of manufacturers in asbestos cases filed by Mildred Castorena, Willis E. Norton, Sr., John D. Adamson, and other plaintiffs. Judges Eismann, J. Jones, Horton, Trout, and Burdick entered judgment in Case Nos. 35123, 35124, and 35852 on Aug. 18, 2010. This action, consolidated on appeal, arose out of grants of summary judgment in favor of defendant-respondent corporations (General Electric, et al.; A.W. Chesterton Co., et al.; and FMC Corp., et al.) (Respondents) on the grounds that the plaintiffs- appellants' (Mildred Castorena, et al.; Willis E. Norton, Sr.; and John D. Adamson, et al.) (Appellants) wrongful death claims were barred by the condition precedent to Idaho's wrongful death statute. The district court cases were filed on behalf of the heirs and personal estate representatives of John Stoor, Robert Branch, William Frasure, and John Adamson against various manufacturers of asbestos-containing products or machinery. Appellants brought wrongful death claims alleging that, due to Decedents' exposure to the asbestos-containing products manufactured by Respondents, Decedents had contracted asbestos- related illnesses which led to their eventual deaths. Each lawsuit was filed within two years of the date of each respective decedent's death; however, each decedent had been diagnosed with an asbestos-related illness more than two years prior to his death. ASBESTOS UPDATE: Court Denies Summary Judgment in Leslie Action --------------------------------------------------------------- The U.S. District Court, Eastern District of Pennsylvania, denied without prejudice Leslie Controls, Inc.'s motion for summary judgment, filed Feb. 1, 2010, in an asbestos case filed by Peter and Elpis Constantinides. The case is styled Peter & Elpis Constantinides, Plaintiffs v. Leslie Controls, Inc., et al., Defendants. District Judge Eduardo C. Robreno entered judgment in Civil Action No. 09-70613 on Sept. 30, 2010. Peter Constantinides initiated this action in August 2008 in Circuit Court, alleging negligence and strict liability claims against several defendants based on their failure to warn of the dangers associated with asbestos exposure. The case was subsequently removed the District Court and transferred to the Eastern District of Pennsylvania as part of MDL-875, the consolidated asbestos personal injury multidistrict litigation. Mr. Constantinides was diagnosed with mesothelioma in 2007. His only lifetime exposure to asbestos occurred during 15 months while he served in the U.S. Navy on the U.S.S. Iowa from 1954 to 1956. He was employed as a fireman's apprentice and then as a fireman on the U.S.S. Iowa, where one of his main assignments was to work in the boiler room. The boiler room contained numerous pipes and machinery encased in external asbestos insulation and/or containing gaskets and other internal parts which were encased in asbestos. Leslie moved for summary judgment, arguing that Plaintiffs had failed to establish that Leslie Controls products were a cause of Mr. Constantinides' asbestos-related injuries. The Panel denied Leslie Controls' Motion for Summary Judgment. It was ordered that Leslie's Objections to the Report and Recommendation filed on June 24, 2010, denying Leslie's motion for summary judgment were overruled. It was further ordered that Leslie's Motion for Motion for Summary Judgment, filed on Feb. 1, 2010, was denied without prejudice. ASBESTOS UPDATE: Hazard Delays Project at Old Station in Oxford --------------------------------------------------------------- Asbestos found at the Old Fire Station in Oxford, England, delayed a GBP3.5 million project to build a new center for homeless people, This Is Oxfordshire reports. The asbestos was found in a sealed room in the basement of the George Street building, believed to be an old coal cellar. Work to convert the Old Fire Station into an arts and education complex for young homeless people was held up while specialist contractors removed the asbestos. Graham Stratford, the Oxford City Council's head of community development, told the authority's executive, "It was notifiable brown asbestos, so we had to shut things down for a while. It will affect the program but it's the first major hiccup we have had." Building work began in July 2010 and the centre is due to open in the summer of 2011. Homelessness charity Crisis has increased its investment by GBP100,000, taking the overall budget to GBP3.5 million. The finished building will have a theatre, dance studio, gallery and creative workshops. The scheme is a joint venture by Oxford City Council, the Homes and Communities Agency and homeless charity Crisis. ASBESTOS UPDATE: Cotswold Wife's Death Linked to Hazard Exposure ---------------------------------------------------------------- An inquest ruled that the death of Yvonne Moaby, the wife of electrician John Moaby, was related to secondary exposure to asbestos, the Wilts and Gloucestershire Standard reports. The inquest heard that Mrs. Moaby, of Quenington, Cotswold, England, died at the age of 66 on May 20, 2010. She died after spending four years washing Mr. Moaby's asbestos dust-filled clothes. Mr. Moaby worked as an electrician in the 1960s and was frequently exposed to asbestos. However, Mrs. Moaby had never worked anywhere where she could have come into contact with asbestos fibers. Mrs. Moaby's GP, Dr. Anne Gardiner, said Mrs. Moaby had complained of chest pains when she walked and exercised in 2005 but tests for cardiovascular disease came back negative. The problem continued and in 2009 she was diagnosed with mesothelioma. She started chemotherapy in February 2010 but the disease progressed and she died at home in May 2010. Recording a verdict of accidental death, Gloucestershire coroner Alan Crickmore said the timescale to her death was entirely consistent with the way the dreadful disease advanced. Speaking after the inquest, former parish councilor Mr. Moaby said his wife has been "his rock" and that the family would be pursuing a compensation claim. ASBESTOS UPDATE: CIRCOR Cites Progress on Leslie Controls' Plan --------------------------------------------------------------- CIRCOR International, Inc., on Oct. 11, 2010, said its subsidiary, Leslie Controls, Inc., has obtained the asbestos claimant votes necessary for approval of its pre-negotiated Chapter 11 reorganization plan, which is a key step in the process toward Leslie's emergence from bankruptcy. For the plan to be confirmed and affirmed by the courts, the U.S. Bankruptcy Code requires a formal vote of approval by at least 75% of current asbestos claimants. The solicitation process for this approval was completed Sept. 27, 2010, and on Oct. 8, 2010 the balloting agent tabulating the votes filed a declaration with the U.S. Bankruptcy Court for the District of Delaware stating that the percentage cast in favor of the plan significantly exceeded this requirement. Company Chairman, President and Chief Executive Officer Bill Higgins said, "This vote of confidence is an important milestone in our effort to permanently eliminate the expenses and risks associated with Leslie's asbestos liability. The proceedings in the District and U.S. Bankruptcy Courts have continued to move forward during the solicitation period for claimant approval. Although objections have been filed by several of Leslie's insurance carriers, we believe these objections are without merit. Consequently, we are continuing to target the plan's confirmation and affirmation by the court and Leslie's emergence from bankruptcy for the fourth quarter of 2010." Leslie's plan of reorganization is intended to permanently resolve the Company's asbestos liability through the creation of a trust under Section 524(g) of the U.S. Bankruptcy Code. All current and future asbestos claims against Leslie would be channeled to the trust for review and payment, thus providing both Leslie and CIRCOR with permanent court protection from such claims. Leslie is continuing to conduct business as usual during the Chapter 11 process. CIRCOR International, Inc. designs, manufactures and markets valves and other highly engineered products and subsystems that control the flow of fluids safely and efficiently in the aerospace, energy and industrial markets. The Company is based in Burlington, Mass. ASBESTOS UPDATE: Aussie Researchers Wants to Establish New List --------------------------------------------------------------- Nico van Zandwijk, the inaugural asbestos diseases research institute director at the Bernie Banton Centre in Sydney, Australia, wants to establish a register of New South Wales landfill sites containing asbestos to counter a third wave of the man-made plague, The Sydney Morning Herald reports. Mr. van Zandwijk said he feared future generations would have to deal with asbestos-related cancers contracted from environmental exposure, including contaminated landfill material being unearthed. Mr. van Zandwijk's call comes as the NSW Ombudsman is conducting a "large and wide-ranging investigation" into the handling of asbestos. The investigation arose after complaints about the management of asbestos in all its forms, with a full report expected before Christmas. Mr. van Zandwijk said environmental exposure was becoming vitally important in the asbestos debate. ASBESTOS UPDATE: Cleanup at Innovis Health Lot to Cost $243,000 --------------------------------------------------------------- Asbestos removal at the Innovis Health lot in Jamestown, N.D., would cost US$243,000, Mesothelioma.com reports. The purchase of the Innovis lot is being considered by the James River Valley Library System Board. The site would be used as the location of a new building that would house the Alfred Dickey and Stutsman County libraries. Innovis initiated by setting a purchase price of US$690,000, but the cost of demolishing the buildings would be left to the library board, which countered with a bid of US$600,000. "We had an estimate of US$150,000 to tear down the building from RTS Shearing," said Board President Dale Marks. Upon discovering the cost of the asbestos removal, Innovis agreed to pay to demolish the buildings, remove asbestos and fill the hole, which would save the board nearly US$400,000. The library board does not have the US$690,000 necessary, but is hoping the Alfred Dickey Library Foundation will assist in raising the funds. ASBESTOS UPDATE: 4 New Lawsuits Added to St. Clair County Docket ---------------------------------------------------------------- Four new asbestos-related complaints were added to the list of asbestos cased pending in St. Clair County District Court, Ill., The Madison/St. Clair Record reports. John E. Collins filed a lawsuit in September 2010 in St. Clair County Circuit Court against 39 defendant companies. Charles Lewis Jr. and Bobbie Lewis filed a lawsuit in September 2010 in St. Clair County Circuit Court against 29 defendant companies. Other recent asbestos suits filed in St. Clair County include those of Robert and Janet Lancaster of Massachusetts who name 26 defendant companies; and Robert Melson of Missouri who name 47 defendant companies. Mr. Collins claims he brought asbestos fibers home with him after his work as a laborer in the shipping and maintenance department at Kimberly Clark from 1952 until 1963, as a laborer in the shipping and maintenance department at Great Southern Paper Co. from 1963 until 1975 and as a supervisor in the shipping department at Virginia Fiber from 1975 until 1979. By bringing clothes home with asbestos fibers on them, Mr. Collins accidentally exposed his wife, Juanita C. Collins to asbestos, according to the complaint. As a result of her exposure to the asbestos fibers, Mrs. Collins developed lung cancer, which led to her death Oct. 29, 2008, according to the complaint. Charles Lewis Jr. claims he developed lung cancer after his work as a loader at Cole Manufacturing in the early 1970s; as a loader at Three State Supply from 1975 until 1977; as an iron worker at LaClede Steel from 1974 until 1975; as a security police officer from 1978 until 1989; as a nuclear weapon guard, administrator and heat plant manager in the U.S. Air Force; as a security guard at various locations from 1990 until 1991 and as a corrections officer for the county sheriff's department from 1991 until now. Mr. Lancaster claims he developed mesothelioma after his work as a laborer at Conrad Construction from 1949 until 1954, as a laborer and apprentice bricklayer at John Statuto from 1949 until 1959, as a bricklayer at various commercial and residential sites from 1959 until 1972 and as a self-employed bricklayer from 1973 until 1992. Mr. Melson claims his recently deceased father, George N. Melson Jr., developed lung cancer after his work as a mechanic at Melson Service Station from 1946 until 1957, as the owner of Melson Hardware from 1958 until 1964, as a salesman at Investor Diversified Services from 1965 until 1967, as the owner of Melson Drug Store from 1967 until 1969, as a salesman at A & M Supply from 1969 until 1970, as a farmer at Melson Farms from 1971 until 1978 and as the owner of three Sinclair service stations from 1969 until 1990. Because of his exposure to asbestos fibers, George N. Melson Jr. developed lung cancer, which led to his death on Dec. 18, 2007. In his six-count complaint, Mr. Collins seeks US$150,000 for economic damages, US$50,000 in punitive and exemplary damages, US$100,000 in compensatory damages, punitive damages in an amount sufficient to punish Sprinkmann Sons Corporation and Young Insulation Group to deter them from their misconduct and a judgment for more than US$150,000. In their six-count complaint, the Lewises and the Lancasters seek a judgment of more than US$100,000, punitive damages in an amount sufficient to punish the defendant for their actions, compensatory damages of more than US$100,000 and punitive and exemplary damages of more than US$100,000. In his 10-count complaint, Mr. Melson seeks economic damages of more than US$200,000, a judgment of more than US$150,000, punitive and exemplary damages of more than US$50,000, compensatory damages of more than US$100,000 and punitive damages in an amount sufficient to punish the defendants for their misconduct. Randy L. Gori, Esq., and Barry Julian, Esq., of Gori, Julian and Associates in Edwardsville, Ill., will be representing all the plaintiffs in Case Nos. 10-L-490, 10-L-491, 10-L-492, and 10-L- 506. ASBESTOS UPDATE: Hazard Found at Planet Kids Site in New Zealand ---------------------------------------------------------------- A fire at the Planet Kids day care facility in New Lynn, New Zealand uncovered asbestos in roofing materials and ceiling tiles, Mesothelioma reports. Witnesses saw flames climb nearly 20 feet into the night sky at the facility. Local residents also expressed worries about the asbestos-laced smoke from the fire that floated over the neighborhood. Firefighters and arson specialists found pieces of loose asbestos amid the debris. All personnel investigating the site were advised to take precautions to prevent exposure to the dangerous substance. Dr. Cathy Pikholz, the city's chief medical officer, told reporters that the prevailing winds in the area should have carried the smoke into less populated areas. According to reports, the fire started when pieces of a wooden fence placed atop rubber mats were ignited. The fire spread quickly and reached all the way to the ceiling, which housed asbestos-laced tiles. An examination of the site after the fire found that the center's roofing materials also contained asbestos. Dr. Pikholz told local media outlets that her office was waiting on test results for the presence and concentration of asbestos found at the facility. The site had been a childcare center since 2000. Previously, the building had served as a storage shed for the local commuter trains. The shed was constructed during the 1950s, a time when asbestos was commonly used as insulation and fireproofing material. ASBESTOS UPDATE: Hazard Uncovered at Albion Primary in Victoria --------------------------------------------------------------- About 30 pieces of asbestos materials were found at the North Albion Primary School at Sunshine North, Victoria, Australia, on Oct. 12, 2010, The Age reports. Construction, Forestry, Mining and Energy Union official Shaun Reardon, who reported the discovery to WorkSafe Victoria, said the site was a "disgrace" and some of the asbestos he found was as large as the palm of his hand. School principal Randall Shields wrote to parents on Oct. 12, 2010 that as a "precautionary measure" he had kept students inside for the day. Mr. Reardon said the asbestos was found after a wing of the Albion North Primary School was partly demolished in recent weeks as part of the federal government's school building program. WorkSafe Victoria spokesman Michael Birt said the builder of the project, Ballarat-based Searle Bros, would receive five safety improvements notices ordering it to fix safety problems and clean up the asbestos. Mr. Birt confirmed about 30 pieces of asbestos were found, including pieces the size of a hand. He added the builder would also be required to fix fences, which he said had a "fairly porous barrier," and rectify other safety problems. Mr. Birt said air sampling devices had been installed and while the asbestos level was found to be relatively low, it was important to clean it up. Businesses should ensure they fixed safety problems, which could cost them time, money and reputation, he added. Bryce Nicholson, from Searle Bros, refused to say if there was asbestos lying around the site. He also would not say whether he had been served with notices by WorkSafe Victoria, saying it was a matter "between me and WorkSafe." An Education Department spokesman said an independent analysis of the site was being carried out by two safety consultants. ASBESTOS UPDATE: Woburn Council Rejects Holton Street Petitions --------------------------------------------------------------- The City Council of Woburn, Mass., citing potential hazards of storing asbestos and traffic, rejected a pair of special permit petitions from two firms that have been running their businesses out of a Holton Street building without authorization since May 2010, the Daily Times Chronicle reports. Yankee Environmental Services, which collects and keeps asbestos in storage trailers, and North American Site Development, Inc., will have to depart 62 Holton St., located off Green Street near the Winchester line. Representing "twin" petitioners, Geoffrey Curtis, Esq., told the Council his clients moved to Holton Street in May 2010 under the presumption their operations were similar to previous tenants. The City's Building Dept. then informed officials from the companies that a special permit was required, particularly because "the neighborhood is way too sensitive to pull some kind of end around," Mr. Curtis said. He noted there have been no complaints filed with the Woburn Police Dept. since the companies moved in May 2010. An official with Yankee Environmental told the Council the asbestos is collected from remote sites, sealed and stored in trailers until there is enough to be hauled off-site, within 30 days. Equipment used in asbestos removal is decontaminated before it returns to the Holton Street location, and there are no other hazardous materials involved with the business. The Council told the petitioners that transport and storage of a notorious carcinogen in proximity to a residential neighborhood was a bad idea. ASBESTOS UPDATE: Hazard Found at Chipping Norton Primary School --------------------------------------------------------------- Parents and Citizens president Bronwen Jones says that asbestos found at the Newbridge Heights Public School in Chipping North, New South Wales, Australia, was not a risk to students, the Liverpool Leader reports. Contractors working at Newbridge Heights Public School were issued with an improvement notice in March 2010 when a small piece of asbestos was found in soil near the car park. WorkCover NSW issued the contractors with the improvement notice after a complaint about construction of a pathway. The Education Department sent an occupational hygienist to the school in June 2010 who certified the site was safe. A WorkCover NSW spokesman said, "The asbestos sighted by the inspector was a very small piece and did not present any significant risk." The school's draft asbestos management plan, available on the department's website, states that possible asbestos-impacted fill material was found in the main playing field in 2005 and 2008. It says the cement fragments buried below the ground surface pose a low risk if they remain undisturbed. The management plan recommends inspections every three months or after bad weather to check for fragments at the surface. ASBESTOS UPDATE: Cleanup at Denver, Colo. Federal Center Ongoing ---------------------------------------------------------------- Workmen are removing asbestos at the Denver Federal Center in Denver, Colo., Mesothelioma reports. The asbestos was presumably left over from the time when basement excavation for the new Federal Center buildings, and the demolition of old buildings on the site, resulted in piles of asbestos-contaminated dirt and building debris. The U.S. General Services Administration is taking advantage of about US$40 million in American Recovery and Reinvestment Act funds to construct 35 acres of photovoltaic panels. According to Rob Beierle, an environmental protection specialist with the Colorado Department of Health, his agency is overseeing removal, which started in June 2010. ASBESTOS UPDATE: Asbestos Uncovered at School in Liverpool, N.Y. ---------------------------------------------------------------- Contractors discovered asbestos during recent renovations at Liverpool Middle School in Liverpool, N.Y., WSYR.com reports. As a result, students and staff got an extra day off added to their Columbus Day holiday. Students and staff will not be allowed back into the building until all air samples are considered acceptable. ASBESTOS UPDATE: Maine School to Replace Hazard-Tainted Windows --------------------------------------------------------------- The Town Council of Scarborough, Maine, on Oct. 13, 2010, approved funding to replace 28 windows at the Benjamin Wentworth school after construction workers found asbestos over the summer, WMTW reports. Councilors voted unanimously to reallocate up to US$150,000 in unspent money from prior capitol projects to pay for the work. The caulking used to seal the existing windows has asbestos in it, and all windows have remained closed since school began in order to keep the asbestos from blowing inside. Work will not start for at least six to eight weeks because the windows have to be specially ordered. ASBESTOS UPDATE: Bid to Perpetuate Beard Testimony Filed Oct. 11 ---------------------------------------------------------------- Darlene Beard filed on Oct. 11, 2010, a petition to perpetuate the testimony of Texaco Inc. employee Steven Beard, who is suffering from asbestos-related lung cancer, The Southeast Texas Record reports. Through Provost Umphrey lawyer Keith Hyde, Esq., the petition was filed in Jefferson County District Court, Tex., The anticipated defendants in the pending suit are Texaco and Chevron Corporation. According to the petition, Mr. Beard was diagnosed with lung cancer and the "disease is expected to progress, ultimately proving fatal." The suit says that "the substance of the testimony which petitioner expects to elicit involves Mr. Beard's employment and exposure history at Texaco." Judge Bob Wortham, 58th District Court, has been assigned to Case No. A188-575. ASBESTOS UPDATE: Ruling v. Central Environmental Entered Oct. 13 ---------------------------------------------------------------- A federal jury in Utica, N.Y., on Oct. 13, 2010, convicted Certified Environmental Services Inc. (CES), a Syracuse, N.Y.- based air monitoring company, for violating the Clean Air Act and mail fraud charges, the Associated Press reports. Also convicted were manager Elisa Dunn and two other employees for making false statements to federal law enforcement. As alleged in a 16-count indictment filed in 2009, CES, its employees, and a supervisor from a former asbestos abatement company, Paragon Environmental Construction, conspired for nearly a decade to falsify lab results to prove that asbestos removal was done properly. In several instances, the companies said homes, schools and other buildings were free of asbestos contamination when asbestos debris actually remained. ASBESTOS UPDATE: India Group Offers to Buy Quebec's Jeffrey Mine ---------------------------------------------------------------- A consortium from India seeks to buy the Jeffrey asbestos mine, which is located in Asbestos, Quebec, Canada, the Canadian Business Journal reports. The Jeffrey Mine requires cash to stay in operation. The purchase by the foreign consortium would keep the mine operating for another 25 years and provide the town with hundreds of jobs. The move to sell and thus keep the mine open for decades is not without controversy. Health Canada lists a number of health risks linked to asbestos exposure, including lung cancer. India is an important and growing market for Quebec exports. According to the province's Ministere des Relations Internationales, exports from the Canadian province to India totaled CAD427 million in 2008. ASBESTOS UPDATE: Clay County, Mo. Local Awarded $4.5MM Payout ------------------------------------------------------------- The estate of an unnamed man from Clay County, Mo., was awarded a settlement of US$4.5 million, in which the man died of mesothelioma at the age of 70, LawywersandSettlements.com reports. The plaintiff's career involved installing ceiling tiles which contained asbestos. During his career, he breathed asbestos particles from these tiles on a daily basis while he was cutting, handling and fitting the tiles. The man's job also caused him on many occasions to be working alongside drywall installers who generated additional asbestos particles from the use of joint compound. The suit claimed negligence, failure to warn and defective dangerous products, against the defendants Conwed, and Simpson's Lo Tone brand tiles. ASBESTOS UPDATE: Cleanup of Kingsland School Estimated at $95.9T ---------------------------------------------------------------- The Kingsland School Board, on Oct. 6, 2010, approved the asbestos removal bid of A&F Consulting, estimated at US$95,900, for the removal of asbestos from the old elementary building before its sale to Lynn Schmeling for US$1, the Spring Valley Tribune reports. The asbestos removal is part of the sale contract, which states that the school district will pay for the removal and have it completed for the sale closing scheduled for Nov. 15, 2010, a date which is negotiable by either the seller or the purchaser. Pat Weir, of IEA of Rochester, Minn., presented information regarding the bids, which were opened earlier on Oct. 6, 2010 as part of a re-bidding process since the first round of bids submitted were either too expensive or did not meet the district's specifications. IEA is acting as a third party agent to oversee the asbestos removal. Mr. Weir reported that A&F's first bid "came in the lowest on the first round," but that in the second round of bidding, most bids were lower than the first round. Contacted after the meeting, Kingsland business manager Kathy Beevers stated that originally bids came in at US$113,000 to US$147,330. Ms. Beevers added that "contractors sharpened their pencils and shaved costs from the project" for the second round of bids. The sale of the former elementary school building will relieve the district of heating and maintenance costs upwards of US$40,000 annually. The building has stood empty since the new elementary opened in September 2008. ASBESTOS UPDATE: Aussie Govt. Unveils Asbestos Compensation Plan ---------------------------------------------------------------- Victims of asbestos exposure may be eligible for up to AUD500,000 compensation under a State Government proposal, ABC News reports. The scheme would be open to people who develop asbestos-related diseases as a result of exposure in the workplace. It would be funded by a levy on employers and eligibility will be established by a medical panel. Details of the proposed compensation scheme have been released for public comment. ********* 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. 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