/raid1/www/Hosts/bankrupt/CAR_Public/101022.mbx              C L A S S   A C T I O N   R E P O R T E R

            Friday, October 22, 2010, Vol. 12, No. 209


ABBOTT LABS: Class Action Suit Over Meridia Withdrawal Launched
DEPUY ORTHOPAEDICS: Faces Another Class Suit Over ASR Recall
GENZYME CORP: Pomerantz Law Firm Files Class Action Suit
GSI GROUP: Court to Hold Fairness Hearing on January 20
HAWKESBURY COUNCIL: May Face Class Suit Over River Bank Erosion

INTEL CORP: Antitrust Suit Continues to Seek Class-Action Status
KINROSS GOLD: Court Approves Final Distribution of Settlement Fund
KINSEY INSTITUTE: May Face Class Action Over Alleged Sex Crimes
LEAP WIRELESS: Court Awards Plaintiffs' Counsel $3.5-Mil. in Fees
MERGE HEALTHCARE: Court Dismisses Request for Declaratory Judgment

NATIONAL COLLEGIATE: Illegal Lottery Class Suit to Be Reheard
NUFARM LTD: Claim Period in Shareholder Class Action Expanded
OHIO: Court Finds Daniel Nicely's Sentencing Judgment Insufficient
PEET LTD: Faces Class Action Lawsuit Over Methane Gas Leak
SOLARWINDS INC: Accused in Tex. Suit of Inflating Share Price

TIERONE CORP: Court Appoints Valentino Group as Lead Plaintiff
UNITED STATES: Settles American Indian Farmers' Class-Action Suit

* National Class-Action Lawsuits Over Foreclosures Expected
* Securities Class Action Plaintiffs Firms Back Democratic Party

                        ASBESTOS LITIGATION

ASBESTOS UPDATE: CSX Corp. Still Subject to Occupational Actions
ASBESTOS UPDATE: Advantage Charged $817T for Disposal Breaches
ASBESTOS UPDATE: Catlett Sues AMI, Parc Condo in Harris County
ASBESTOS UPDATE: Mansfield Man's Death Linked to Hazard Exposure
ASBESTOS UPDATE: IMA President to Testify at Conspiracy Trial

ASBESTOS UPDATE: Leeds Woman's Death Related to Hazard Exposure
ASBESTOS UPDATE: Abatement Ongoing at Police Precinct in Detroit
ASBESTOS UPDATE: Hazard Discovered at Primark Site in Scunthorpe
ASBESTOS UPDATE: Croydon North Investigation on Hazard Continues
ASBESTOS UPDATE: N.Y. Court Issues Decision in Mt. McKinley Case

ASBESTOS UPDATE: Miss. Court Reverses Ruling in Pittman's Action
ASBESTOS UPDATE: District Court Affirms Tate & Lyle's Remand Bid
ASBESTOS UPDATE: Bankers Dev't. Fined $3.3T for Cleanup Breaches
ASBESTOS UPDATE: Chaney Case v. 89 Firms Filed Sept. 27 in W.Va.
ASBESTOS UPDATE: John Lewis Facing Penalty for Safety Violations

ASBESTOS UPDATE: Hazard Uncovered at Gildersome Gardens in Leeds
ASBESTOS UPDATE: British Gypsum Awards Payout to Bradley Family
ASBESTOS UPDATE: Workers Sought for "Botched" Job at Birmingham
ASBESTOS UPDATE: Help Sought in South Cumbria Widow Payout Case
ASBESTOS UPDATE: Swansea Council Leads Group on Safety Matters

ASBESTOS UPDATE: Asbestos Suspected in Basement at Sunrise Plaza
ASBESTOS UPDATE: Council OKs $18T Bid For Pontiac Sites' Cleanup
ASBESTOS UPDATE: 3 Hartlepool Locals' Death Related to Exposure
ASBESTOS UPDATE: Derbyshire Case v. National Coal Board Ongoing
ASBESTOS UPDATE: Vt. Veterans' Home Receives $3.1M Cleanup Grant

ASBESTOS UPDATE: Hazard May Foul Up Litchfield House Demolition
ASBESTOS UPDATE: UNISON Issues Warning on Hazard in U.K. Schools
ASBESTOS UPDATE: Cleanup at Sky Valley Motel Site to Cost $170T
ASBESTOS UPDATE: Cleanup at Sardinia Meeting House to Cost $10T
ASBESTOS UPDATE: Cleanup at Monticello City Office Costs $2,248


ABBOTT LABS: Class Action Suit Over Meridia Withdrawal Launched
Jon Hood, writing for ConsumerAffairs.com, reports litigation over
the recent Meridia recall has already begun in earnest, with a
prominent Canadian law firm announcing that it has filed a
nationwide class action seeking "financial compensation for anyone
in Canada who used Meridia."

"Our Statement of Claim asserts that one of Canada's most commonly
prescribed anti-obesity drugs substantially increases a person's
risk of a heart attack," said Tony Merchant, the firm's lead
attorney, in a statement released last week.

"Merchant Law Group has already been contacted by former Meridia
users from Quebec, Ontario, and Alberta, many of whom have
suffered serious side effects as a result of using Meridia.  Our
firm has launched nationwide class action litigation with the
courts as a result."

A lawsuit was nearly inevitable after Meridia was pulled from the
market on October 8 after a clinical trial published in the New
England Journal of Medicine showed that it increases users' risk
of suffering a heart attack or stroke.  The study, which was
funded by Meridia manufacturer Abbott Labs, prompted the Journal
to write in an editorial that the drug should be pulled off the

In withdrawing the drug, the FDA said that Meridia's risks did not
justify "the very modest weight loss that people achieve on this
drug" -- an average of just five pounds per patient.
A long time coming

Indeed, national consumer advocacy group Public Citizen has been
warning since 2002 that Meridia needs to be withdrawn from the
market, citing clinical trials from before the drug was approved
showing that obese patients taking the drug experienced increased
blood pressure, pulse rate and palpitations.

"If the FDA truly intends to operate as a public health agency,
then it should acknowledge that the continued approval of this
drug cannot be justified based on science," said Dr. Sidney Wolfe,
director of Public Citizen's Health Research Group said last year.
"The FDA should therefore tell Abbott to pull Meridia from the
market immediately."

Meridia was approved by the FDA in 1997 despite clinical trials
showing that patients taking the drug were three times as likely
to experience electrocardiogram changes as patients on a placebo
regimen.  The drug was approved in Canada in December 2000.  As of
March 2003, the FDA had already received reports of 49
cardiovascular deaths in patients taking Meridia, 27 of them in
patients under age 50.

Last Wednesday, the Canadian government announced that it was also
withdrawing Meridia's generic equivalent -- Apo-sibutramine --
from the market.

Consumers who believe they qualify to participate in the Canadian
class action can visit the firm's webpage dedicated to the
litigation.  The site says that U.S. residents who have been
injured by Meridia can email the firm, which will "contact you
promptly concerning options available in the United States to seek
financial compensation."

DEPUY ORTHOPAEDICS: Faces Another Class Suit Over ASR Recall
AboutLawsuits.com reports another class action lawsuit over the
DePuy ASR recall has been filed, alleging that DePuy Orthopaedics,
a subsidiary of Johnson & Johnson, has attempted to deceive
patients who received their defective hip implant into believing
the company has agreed to reimburse them.

The DePuy class action was filed on September 30 in the U.S.
District Court for the Northern District of Ohio by Timothy and
Elaine Callahan, seeking to represent all recipients of DePuy ASR
XL Acetabular Systems.  It is at least the second class action for
recalled DePuy ASR metal hip replacements filed against the
implant maker.

In August, DePuy recalled the ASR XL Acetabular Systems, saying
that the metal-on-metal hip implant had a 13% failure rate.  They
also recalled the ASR Hip Resurfacing System, which had a 12%
failure rate.  The DePuy ASR hip recall affected 93,000 implants.

Following the recall, DePuy has made several statements indicating
that they intend to reimburse patients for certain out-of-pocket
medical expenses, asking patients to sign medical releases
providing the company complete access to their confidential
medical records.

The DePuy class action indicates that the company is misleading
people into believing that by releasing access to their medical
records and providing DePuy with any removed hip implants that
they will be fairly compensated.  However, DePuy has only said
that it will consider reimbursement for limited costs that the
company unilaterally considers reasonable.  Patients could receive
no compensation after turning over access to their medical records
and signing away important legal rights, which might make it
harder for them to obtain the financial compensation they deserve
through later legal action.

Another DePuy ASR recall class action claim was filed on September
24 by Katheryn Bendel, seeking to force the company to pay for a
uniform program to compensate for medical monitoring for all hip
replacement patients who received one of the defective metal
implants, regardless of their financial or health care situations.
The lawsuit has also called for an order preventing DePuy from
contacting plaintiffs through their physician.

In addition to the class actions, a growing number of DePuy ASR
injury lawsuits have been filed by individuals throughout the
United States who have experienced problems with a DePuy ASR
implant, many of which have required revision surgery to replace
the artificial hip.

All of the lawsuits over DePuy ASR hip implants involve similar
allegations of design defect, which caused the plaintiffs to incur
additional medical expenses, suffer pain and, in some cases,
require additional surgery to revise or replace the hip implant.
The complaints allege that DePuy failed to adequately test the
metal-on-metal hip system and failed to immediately issue a recall
when it became apparent that that the DePuy ASR was linked to a
high failure rate.

In September, a motion was filed with the U.S. Judicial Panel on
Multidistrict Litigation to consolidate and centralize the DePuy
ASR recall litigation.  It is expected that the panel will hear
arguments on the motion in November.

If an MDL is formed, all federal cases filed in different
districts throughout the United States will be transferred to one
judge for coordinated handling during pretrial litigation, in a
manner similar to how a DePuy ASR class action suit would be
managed.  However, unlike a class action, if a DePuy ASR
settlement agreement is not reached during pretrial proceedings,
each of the individual lawsuits would be returned back to the
district where they were originally filed for trial.

GENZYME CORP: Pomerantz Law Firm Files Class Action Suit
Pomerantz Haudek Grossman & Gross LLP has filed a class action
lawsuit in the United States District Court, District of
Massachusetts (case no:1), on behalf of current shareholders of
Genzyme Corp., against Genzyme, certain of its top officials, and
members of its Board of Directors for violating Section 14(e) of
the Securities Exchange Act of 1934 and breaching their fiduciary
duties to Genzyme shareholders, in connection with a tender offer
by Sanofi-Aventis SA to purchase Genzyme for $69 per share.

Genzyme is a biotechnology company with a broad product and
service portfolio focused on rare genetic disease orders, renal
disease, orthopedics, cancer, transplant and immune disease, and
diagnostic and predictive testing.  In July 2010, Sanofi attempted
to engage Genzyme in discussions concerning a potential
acquisition of Genzyme by Sanofi.  Specifically, Sanofi proposed
to purchase Genzyme for $69 per share, a transaction valued at
approximately $18.5 billion.  On August 11, 2010, Genzyme rejected
Sanofi's non-coercive, good faith, premium offer, despite Sanofi's
stated willingness to consider significant increases in its
offering price, perhaps to as high as $80 per share, if Genzyme
allowed Sanofi to conduct a due diligence review of confidential
business information.  However, Genzyme has refused to allow
Sanofi's due diligence review unless Sanofi first raised its
price, without specifying any particular price it wanted Sanofi to
offer.  On October 4, 2010, Sanofi commenced a Tender Offer to
purchase all of the outstanding common shares of Genzyme.

On October 7, 2010, Genzyme, with the approval of its Board of
Directors, issued a materially false and misleading
Solicitation/Recommendation Statement on Schedule 14D-9.  The
14D-9, which recommends that Genzyme shareholders reject the
Tender Offer and not tender their shares, omits and/or
misrepresents material information and fails, among other things,
to provide any credible explanation of why the Board of Directors
refuses to negotiate with Sanofi and allow Sanofi to conduct a due
diligence review that might support a higher offering price.
Instead, the 14D-9 states that Sanofi's offering price is not high
enough to warrant either negotiations or allowance of a due
diligence review by Sanofi.  However, given Sanofi's expressed
willingness to consider raising its offering price to as high as
$80 per share, Genzyme's position is untenable.

If you are a Genzyme shareholder, you have until December 20, 2010
to ask the Court to appoint you as lead plaintiff for the class.
A copy of the complaint can be obtained at www.pomerantzlaw.com.
To discuss this action, contact Fei-Lu Qian at flqian@pomlaw.com
or 888.476.6529 (or 888.4-POMLAW), toll free.  Those who inquire
by e-mail are encouraged to include their mailing address and
telephone number.

The Pomerantz Firm, with offices in New York, Chicago, Washington,
D.C., Columbus, Ohio and Burlingame, California, is acknowledged
as one of the premier firms in the areas of corporate, securities,
and antitrust class litigation.  Founded by the late Abraham L.
Pomerantz, known as the dean of the class action bar, the
Pomerantz Firm pioneered the field of securities class actions.
Today, more than 70 years later, the Pomerantz Firm continues in
the tradition he established, fighting for the rights of the
victims of securities fraud, breaches of fiduciary duty, and
corporate misconduct.  The Firm has recovered numerous
multimillion-dollar damages awards on behalf of class members.
See www.pomerantzlaw.com.


          Fei-Lu Qian, Esq.
          Telephone: (888) 476-6529
          E-mail: flqian@pomlaw.com

GSI GROUP: Court to Hold Fairness Hearing on January 20
Judge George A. O'Toole, Jr., of the United States District Court
for the District of Massachusetts will hold a hearing on
January 20, 2011, at 2:00 p.m., to determine, among others,
whether it should approve a settlement reached in a class action
entitled Wiltold Trzeciakowski, Individually and on Behalf of All
Others Similarly Situated v. GSI Group Inc., Sergio Edelstein and
Robert Bowen, Case No. 08-cv-12065-GAO.

The Court received the Stipulation of Settlement dated July 29,
2010, that has been entered into by Lead Plaintiff Mason Tenders'
District Council Trust Funds and defendants GSI Group Inc., Sergio
Edelstein, and Robert Bowen.

The Court preliminarily certifies the Class as defined in the
Stipulation and otherwise approves the Settlement of the Action as
set forth in the Stipulation and the proposed Plan of Allocation,
subject to the right of any Class Member to challenge the
fairness, reasonableness, and adequacy of the Settlement, the
proposed Plan of Allocation, or the fairness and adequacy of their
representation by Lead Counsel and all of plaintiff's counsel, and
to show cause, if any exists, why a final judgment dismissing the
Action should not be ordered.

A copy of the Court's order is available at http://is.gd/g7PB0
from Leagle.com.

The Lead Counsel for Lead Plaintiff and the Class can be reached

          Lisa M. Mezzetti, Esq.
          S. Douglas Bunch, Esq.
          1100 New York Avenue, N.W.
          West Tower, Suite 500
          Washington, D.C. 20005
          Telephone: 202-408-4600
          Facsimile: 202-408-4699
          E-mail: lmezzetti@cohenmilstein.com

Counsel for Defendants can be reached at:

          Nina F. Locker, Esq.
          Caz Hashemi, Esq.
          650 Page Mill Road
          Palo Alto, CA 94304
          Telephone: 650-320-4888
          Facsimile: 650-493-6811
          E-mail: nlocker@wsgr.com

HAWKESBURY COUNCIL: May Face Class Suit Over River Bank Erosion
Justine Geake, writing for Hawkesbury Gazette, reports Hawkesbury
Council could face a class action if it continues to stop
riverfront-property owners from losing their land to the river,
according to a councilor.

Councilor Bob Porter said he'd spoken to "half a dozen" landowners
who were incensed at having their hands tied behind their backs
when it came to stopping their properties disappearing into the
river, and a class action was not ruled out as a result.

Mr. Porter said the council and NSW Maritime had got together to
inspect the river and had not only identified 600 illegal jetties
and buoys between Wisemans Ferry and Windsor, but had been issuing
property owners with notices to cease work, and threatening them
with million-dollar fines for works carried out without council

He said the landowners were upset with how they had been
approached, and felt powerless to stop the loss of their land.

"I shouldn't have people knocking on my door and saying 'what is
council doing?'," Mr. Porter said.

"I just feel absolute frustration with council staff."

He knew of a property owner who "had tried to do the right thing"
and was told they would have to engage a consultant at a cost of
$30,000 to find out the best way to shore up their banks.  He said
this was why property-owners were taking matters into their own

However the council's manager of regulatory services Garry Baldry
said council was taking action to help river property owners.

"Council is currently working with the Office of Hawkesbury
Nepean, NSW Maritime and the Office of Water and Energy on a
project that includes researching the effects of the different
methods that landowners along the river have employed to try and
stabilize their eroding river banks," Mr. Baldry said.  "This is
to establish a method that will achieve stabilization of the bank,
whilst not causing detrimental erosion effects to either adjoining
property owners or riverbanks on the opposite side of the river."

He said while the research was being done, river property owners
should not do any erosion-prevention works without a permit from
the Office of Water and Energy.  However it doesn't sound like the
results will be available any time soon.

"It is hoped the research results will eventually give property
owners affected by river bank erosion, clear guidelines on how
best to deal with this problem without having to engage
consultants to design these erosion barriers," Mr. Baldry told The
Gazette on Tuesday.  But for property owners like the Howards at
Wilberforce, this sounds too far off in the future.

"I estimate we've lost about half an acre of land into the river
in the last five years," Rhonda Howard said on site Tuesday.  She
saw the situation as "extremely urgent".

"But we can't seem to get things moving," Mr. Porter said.

Roots of the Howards' massive she-oaks lining their riverbank
become exposed by river action, making the trees unstable, then
they topple over and take large swathes of riverbank along with

The couple put in a development application with council some time
ago to shore up their banks, but it was rejected.

INTEL CORP: Antitrust Suit Continues to Seek Class-Action Status
Phil Milford and Ian King, writing for Bloomberg News, report
Intel Corp. faces objections to a court official's recommendation
that computer users be denied group status in their lawsuit
accusing the world's biggest chipmaker of antitrust violations.

Special Master Vincent J. Poppiti wrote in a July 28 report to
U.S. District Judge Leonard P. Stark in Wilmington, Delaware, that
purchasers of computers with Intel microprocessors "have not
established that they will be able to demonstrate an antitrust
violation through common proof."

In response to Mr. Poppiti's recommendation, J. Clayton Athey, a
plaintiffs' lawyer seeking class-action status for the case, said
Oct. 15 in court papers that "the alternative to class
certification is millions of individual actions."

He wrote that the plaintiffs "have also set forth common evidence"
that "as a result of its anticompetitive conduct, Intel
overcharges for its microprocessors resulting in inflated PC
prices to consumers."

Mr. Athey said that "to the extent there are differences among
class members as to the size of their purchases, these differences
relate only to damages" and can be handled during a later phase of
the trial.

The computer purchasers' case was a companion lawsuit to Advanced
Micro Devices Inc.'s 2005 complaint alleging antitrust violations
by rival Intel.

Intel agreed last November to pay Advanced Micro $1.5 billion to
settle that case, which claimed Intel controlled the
microprocessor market by providing discounts to customers to avoid
AMD products.

'Correct' Conclusion

"We believe the special master was correct to start off with," an
Intel spokesman, Chuck Mulloy, said in a phone interview.

Intel, based in Santa Clara, California, rose 15 cents to $19.34
at 1:24 p.m.in Nasdaq Stock Market trading in New York.

The lead case is Paul v. Intel Corp., 05-cv-485, U.S. District
Court, District of Delaware (Wilmington).

The Plaintiffs are represented by:

          J. Clayton Athey, Esq.
          1310 King Street, P.O. Box 1328
          Wilmington, DE 19899-1328
          Telephone: 302-888-6507

KINROSS GOLD: Court Approves Final Distribution of Settlement Fund
Lead Plaintiffs and Class Representatives in the case Brown v.
Kinross Gold, U.S.A., Inc., case no. CV-S-02-0605-PMP-(RJJ),
Robert A. Brown, Glenbrook Capital LP, Andrew D. Kaufman, George
P. Drake, and CN&L Investment Corp., by and through their counsel
of record, Berger & Montague, P.C. and Reginald H. Howe, on behalf
of themselves and the members of the Settlement Class, have moved
for approval of: (i) the final distribution of the Net Settlement
Fund to Authorized Claimants consistent with the administrative
determinations of the Claims Administrator; and (ii) payment of
the Claims Administrator's fees and expenses.

The United States District Court for the District of Nevada
granted the Lead Plaintiffs' request.

http://is.gd/g88OSfrom Leagle.com.

KINSEY INSTITUTE: May Face Class Action Over Alleged Sex Crimes
Brian Fitzpatrick, writing for WorldNetDaily, reports Liberty
Counsel, a Virginia-based public-interest law firm, is "seriously
looking" at initiating legal action -- including possibly a class-
action lawsuit -- against the Kinsey Institute at Indiana

Pioneering sex scientist Alfred Kinsey, widely considered the
father of the sexual revolution whose influential research helped
transform America's morals and sex laws, has been accused by
critics of shoddy scholarly standards and, much more shockingly,
participating in or encouraging the sexual molestation of hundreds
of children to gather "research data."

"Kinsey and the Kinsey Institute should be held accountable for
the massive fraud they've perpetrated on the United States and the
world," said Mathew Staver, attorney and founder of Liberty

"We are very interested in looking at that from a legal
perspective," Mr. Staver told WND.  "Some people were experimented
on contrary to ethical standards.  The case involves not only
child abuse, but sexual abuse.  We are investigating people who
were victims."

On October 17, WND reported on the alleged child-rape of one 7-
year-old victim of Mr. Kinsey's 1940s "research" into child sexual
response.  "Esther White" (a pseudonym), now in her 70s, is
seeking a congressional investigation of Mr. Kinsey and his

In the shocking report, the former child victim explains that she
witnessed Mr. Kinsey pay her father and grandfather after her
father incestuously molested her repeatedly, timing her "sexual
responses" with a stopwatch, and reporting on the "research data"
to Mr. Kinsey.

Mr. Kinsey's 1948 and 1953 books on human sexual behavior contain
tables of information about sexual responses in children as young
as 2 months old.  Several tables record how long the children
needed to be stimulated to achieve "orgasm," and others record how
many "orgasms" the children achieved in given periods of time.

To bring justice to "Esther" and others, the law firm is
"seriously looking into potential legal strategy," said J. Matt
Barber, an attorney and director of cultural affairs at Liberty

"We are currently researching to determine whether there may still
be a potential cause of action, be it criminal or civil, to see
that justice is served for Kinsey's grave injustice," Mr. Barber
told WND.  "However, we do have to contend with statutes of
limitation and other potential roadblocks to pursuing our legal

Mr. Kinsey's research into human sexual behavior was largely
conducted before 1953, when he published the second of his most
influential works, "Sexual Behavior in the Human Female."  The
book, together with his 1948 work, "Sexual Behavior in the Human
Male," became popularly known as the "Kinsey Reports."

"We know the Kinsey Institute has not been forthcoming in
providing full disclosure and access to Kinsey's research
archives," said Mr. Barber.  "Our question to them is, 'What
exactly is it that you don't want the world to see?'"

Liberty Counsel has not settled on any specific legal strategy
yet, but Mr. Staver acknowledged that a class action lawsuit is a

"Certainly there were enough people experimented on to satisfy the
requirements of a class action suit," said Mr. Staver.  "The
incredible aspect of Kinsey is not just his unethical practices,
but the tremendous damage done to countless individuals, including

Mr. Staver noted that Liberty Counsel is relying on the assistance
of Judith Reisman Ph.D., longtime nemesis of the Kinsey Institute,
to provide the names of individuals allegedly victimized by Mr.
Kinsey's research.

"We plan to meet personally with victims to pursue the
investigation to reveal the fraud of Kinsey, with additional
research Judith Reisman can provide," said Mr. Staver.

LEAP WIRELESS: Court Awards Plaintiffs' Counsel $3.5-Mil. in Fees
In HCL Partners Limited Partnership, On Behalf of Itself and All
Others Similarly Situated, v. Leap Wireless International, Inc.,
S. Douglas Hutcheson, Grant A. Burton And Amin I. Khalifa; and
Kent Carmichael, Individually and On Behalf of All Others
Similarly Situated, v. Leap Wireless International, Inc. S.
Douglas Hutcheson, Mark H. Rachesky, Amin I. Khalifa and Dean M.
Luvisa, case nos. 07-cv-2245 and 08-cv-0128 (S.D. Calif.), the
Hon. Michael M. Anello awards Plaintiff's Counsel attorneys' fees
of 25% of the Settlement Fund, which is $13,750,000, plus
interest, plus reimbursement of litigation expenses in the amount
of $112,715.16.

The Court finds that the amount of fees awarded is appropriate and
is fair and reasonable under both the "percentage-of-recovery"
method and the lodestar method given the substantial risks of non-
recovery, the time and effort involved, and the result obtained
for the Class.

The fees and expenses will be allocated between Lead Counsel,
Cohen Milstein Sellers & Toll PLLC, and Liaison Counsel, Glancy
Binkow & Goldberg LLP, in a manner which, in Lead Counsel's
opinion, reflects each such counsel's contribution to the
institution, prosecution and resolution of the action.

The actions arise from alleged misconduct by Defendant Leap
Wireless and certain individual officers and directors of Leap.
In April 2003, Leap filed for bankruptcy under Chapter 11,
reorganized, and emerged in August 2004.  On November 9, 2007,
Leap announced that it would be restating its financial statements
for fiscal years 2004-2006 and the first two quarters of 2007.
The actions were triggered by Leap's restatement of its financial
results, including the Company's reported net profits, and the
price decline of Leap's common stock that occurred after the
restatement was disclosed to investors.

On November 27, 2007, four class actions were filed against
defendants in the Court, alleging violations of the federal
securities laws.  Two of the actions were voluntarily dismissed.
On May 22, 2008, the Court consolidated the two actions and
appointed New Jersey Carpenters Pension and Benefit Funds as Lead
Plaintiff, Schoengold Sporn Laitman & Lometti, P.C. as Lead
Counsel, and Glancy Binkow as Liason Counsel.  On April 30, 2010,
the Court substituted Cohen Milstein Sellers & Toll PLLC as Lead

On July 7, 2008, Plaintiff filed the Consolidated Class Action
Complaint.  On August 28, 2008, Defendants filed a motion to
dismiss.  The Court granted the motion to dismiss, but granted
Plaintiff leave to amend.

On March 10, 2009, Lead Plaintiff filed the operative Second
Amended Consolidated Complaint.  Defendants collectively filed a
motion to dismiss a second time. Following the briefing of the
second motion to dismiss, and prior to the motion's scheduled
hearing date, the parties engaged in extensive settlement
negotiations, and ultimately agreed to a resolution of this
action.  Over several weeks, the parties discussed and negotiated
several drafts of the stipulation of settlement, which was
presented to the Court for preliminary approval.  On March 24,
2010, the Court granted preliminary approval of the settlement.

The settlement provides for a significant monetary benefit to the
class.  Approximately 7,500 claims were filed with the settlement
administrator, without any requests for exclusion or objections to
the settlement.  The plan of allocation, written by Plaintiff's
expert consultant, equitably distributes the proceeds of the
settlement by taking into account the timing of class members'
purchases, acquisitions and sales of Leap's common stock during
and after the class period.  Lastly, the plan accounted for
attorneys' fees in an amount equal to 25% of the gross settlement
fund, plus reimbursement of attorneys' out-of-pocket expenses.

A copy of the Court's Order and Final Judgment dated Oct. 15,
2010, is available at http://is.gd/g84Nzfrom Leagle.com.

MERGE HEALTHCARE: Court Dismisses Request for Declaratory Judgment
Judge J.P. Stadtmueller of the United States District Court for
the Eastern District of Wisconsin dismissed a complaint filed by
Merge Healthcare, Inc., against Richard A. Linden and Scott T.
Veech for lack of jurisdiction.

Merge Healthcare requested a declaratory judgment, regarding
duties under the Wisconsin Business Corporation Law and also
alleged breach of undertaking agreements.  The claims seek
recovery of legal fees already advanced in defense of a series of
proceedings, a declaration that Merge has no further obligation to
advance legal fees or indemnify the defendants for liability
incurred, and recovery of other damages related to breach of the
agreements.  The relevant proceedings are a federal securities
fraud class action, a shareholder derivative action, and an
investigation and ultimate enforcement action by the United States
Securities and Exchange Commission.  Those proceedings involve a
core of conduct which is alleged in the body of the complaint. The
defendants argue that the court must dismiss the action because
there exists no federal question sufficient to provide subject
matter jurisdiction.  Judge Stadtmueller notes the defendants are
correct and, therefore, the court must dismiss for a lack of

A copy of the Court's order is available at http://is.gd/g8dRk
from Leagle.com.

NATIONAL COLLEGIATE: Illegal Lottery Class Suit to Be Reheard
Joe Celentino at Courthouse News Service reports that the United
States Court of Appeals for the Seventh Circuit has agreed to
rehear a class action accusing the NCAA of operating an "illegal
lottery" with its system of selling tickets to Final Four men's
basketball games.  The court voided its earlier decision
reinstating the case and asked the Indiana Supreme Court to
clarify questions of state law.

Unlucky ticket seekers sued the league and Ticketmaster, claiming
the ticket-distribution system for Final Four games is an illegal

Applicants last year were required to deposit the full face value
of the tickets for each entry submitted, plus a $6 service fee.
Ten entries were allowed per person, so a pair of $150 tickets
would require a down payment of $3,060 in order to maximize the
chances of winning.

Losers were refunded the cost of the tickets, but not the service
fees.  An unlucky applicant who entered 10 times would have to
forfeit $60 without receiving a ticket.

An Indiana federal judge threw out the case, saying that by
entering the lottery, ticket seekers were guilty of knowingly
participating in an illegal activity.

In a split-panel decision, the 7th Circuit in Chicago reversed and
reinstated the class action, finding that the system qualified as
a lottery and that the plaintiffs had not waived their right to
sue because they did not know their actions were illegal.

The federal appeals court has now voted to rehear the case,
vacating its earlier decision and asking the Indiana Supreme Court
to clarify questions about applicable laws.

The 7th Circuit certified the following questions to the state
high court:

     "1. Do the plaintiffs' allegations about the NCAA's method
for allocating scarce tickets to championship tournaments describe
a lottery that would be unlawful under Indiana law?

     "2. If the plaintiffs' allegations describe an unlawful
lottery, would the NCAA's method for allocating tickets fall
within the Ind. Code Sec. 35-45-5-1(d) exception for 'bona fide
business transactions that are valid under the law of contracts'?

     "3. If the plaintiffs' allegations describe an unlawful
lottery, do plaintiffs' allegations show that their claims are
subject to an in pari delecto defense?"

The class contains hundreds of thousands of potential members,
according to the plaintiffs' estimates.

A copy of the decision in George, et al. v. National Collegiate
Athletic Association, No. 09-3667 (7th Cir.), is available at:


NUFARM LTD: Claim Period in Shareholder Class Action Expanded
Business Spectator reports Nufarm Ltd. has dismissed a proposed
shareholder class action against the agrichemicals group as "based
on speculation", after law firm Slater & Gordon Ltd. said it had
expanded the claim period for claim to include the company's
larger-than-expected net debt figure.

Nufarm spokesman Robert Reis told Business Spectator that Slater &
Gordon had "simply got it wrong" and was "in the business" of
bringing class actions.

"Our position is that we complied with continuous disclosure
requirements," he said.

Slater & Gordon practice leader Ben Phi said earlier on Tuesday
that the class action, funded by the US-based litigation funder
Comprehensive Legal Funding LLC and now in an advanced stage, had
received less support from retail shareholders than it had
expected, given the company's "significant" retail book.

Mr. Phi told Business Spectator that Slater & Gordon has been
expecting thousands of inquiries, rather than the hundreds it had

"We've had institutions sign up who have got tens of millions of
shares, so we've had strong support from them," he said.

Mr. Phi said Slater & Gordon would allege that Nufarm's share
price was trading at artificially inflated values throughout
various periods.

". . . our preliminary estimates are that the overall figures in
the claim are in the hundreds of millions of dollars," he said.

Mr. Phi argues that a Nufarm announcement on September 1
forecasting net debt at the year-end to be $620 million -- from an
upwardly revised forecast of $450 million on 14 July with a
balance date as at July 31, 2010 -- prompted serious questions
about Nufarm's continuous disclosure practice.

"That was significantly more than the market was expecting, and
also put Nufarm in breach of one of its banking covenants," he
told Business Spectator.

". . . the allegation is that as at July 14, 2010 Nufarm ought to
have been aware for July 31 would be materially greater than the
$450 million forecast.

"We're not yet alleging that they ought to have know that it would
be exactly $620 million, but certainly significantly higher."

The claim period is now March 2 to September 1, from a previous
end-date of July 14.

Nufarm shares ended 5.78% stronger at $4.57, against a 0.08% rise
in the benchmark index.

OHIO: Court Finds Daniel Nicely's Sentencing Judgment Insufficient
Judge James S. Gwin of the United States District Court for the
Northern District of Ohio granted an appeal filed in the case
Hernandez v. Wilkinson, Case No. 1:06-CV-00158, by plaintiff
Daniel Nicely from the joint determination of class counsel and
defense counsel that his sentencing entry was sufficient and did
not entitle him to relief from post release control.  The Court
finds the Plaintiff's sentencing judgment insufficient to impose
post release control.

On June 2, 2006, the Court certified a class action challenging
the imposition of post release control for a group of Ohio state
prisoners who claimed that their sentencing judgments provided no
notice of post release control.  The Court directed the class to
screen out, as ineligible for relief, class members whose
sentencing judgment explicitly imposed post release control.  The
Court then granted a two-step appeal to class members deemed
ineligible.  Class counsel and defense counsel would first review
such appeals together and affirm or revise prior eligibility
determinations.  Class members were then permitted an appeal of
that joint determination to the Court. The Court stated that its
opinion and order on this second appeal "shall be final and shall
not be subject to appeal to the Sixth Circuit Court of Appeals."
Deemed ineligible for relief by class counsel and defense counsel,
Mr. Nicely files the appeal in the Court. At the time of his
appeal, Mr. Nicely says he has served all but about 38 months of
his ten-year sentence and has been told by the Correction
Institution case managers that he faces post release control.

A copy of the Court's opinion and order is available at
http://is.gd/g87v2from Leagle.com.

PEET LTD: Faces Class Action Lawsuit Over Methane Gas Leak
PerthNow reports Perth property developer Peet Ltd. has been named
as a defendant in a class action concerning a methane gas leak at
its Brookland Greens Estate in Victoria that caused a massive

In a statement Tuesday, Peet said that a group of residents -- he
plaintiffs who are represented by Slater & Gordon -- had obtained
court approval to include the property developer to a list of
defendants over the Victorian leak.

The legal case is over a 2008 methane gas leak at the estate,
which caused around 30 families to be evacuated on concerns homes
could explode from the leak.

The estate was developed by the Peet & Co. Casey Land Syndicate

Peet on Tuesday said the City of Casey Council, SITA Australia Pty
Ltd, Environment Protection Authority and LMS Generation Pty Ltd
had also secured court approval to serve a claim against Peet.

Peet managing director Brendon Gore said it was "disappointing"
the parties had not been able to resolve the matter in mediation,
and that the company would vigorously defend the claims and any
possible future claims.

"On behalf of the Syndicate, we remain hopeful that this matter
can yet be sensibly resolved," Mr. Gore said.

Shares in Peet were down 0.5c, or 0.26 per cent, at $1.92 at 1331

SOLARWINDS INC: Accused in Tex. Suit of Inflating Share Price
David Lee at Courthouse News Service reports that top officers
inflated the share price of SolarWinds, a software developer,
through false and misleading statements about the company's
business, financial results and prospects, shareholders say in a
federal class action.  The class claims the top two officers
reaped a total of $6.8 million by selling their own shares at
inflated prices.

Austin, Texas-based SolarWinds is a developer of IT network
management, network monitoring, storage management software and
other products and services.  It provides IT management software
to more than 93,000 customers worldwide, which is used by more
than 1 million engineers, according to the complaint and the
company's website.

The class claims SolarWinds and its top three officers misled
investors by misrepresenting and failing to disclose material
problems with license revenue and sales to the federal government.
And they claim the company failed to disclose material problems in
its sales management team that prevented SolarWinds from
accurately predicting its ability to make and maintain sales.

On July 21, the company abruptly reduced its financial forecasts,
the complaint states.  "Now, the high end of the company's
guidance was below the low end of the previously announced
guidance.  Describing why the company was abruptly cutting its
financial forecasts, defendants revealed there had been a 44%
decline in United States federal government sales that was caused
by the inability of the company's 'US federal sales management
team to predict and positively influence' the pace of sales,"
according to the complaint.

The next day, several analysts downgraded SolarWinds' stock --
including Jeffries & Co., Morgan Stanley, Needham & Company and
Goldman Sachs.  The class claims the downgrades were was due to
"too many explanations" and a "license miss of significant

The price of its common stock plummeted by 23%, $3.81, on heavy
trading to close at $12.71 on July 22.

The plaintiffs seek damages on behalf of all purchasers of
SolarWinds common stock during the class period from Feb. 8, 2010
to July 21.

Named as defendants are SolarWinds, president and CEO Kevin B.
Thompson, former chairman and CEO Michael S. Bennett, and CFO
Michael J. Berry.

The class claims Thompson sold 33,838 shares at inflated prices
"for total insider trading proceeds of $720,475."

It claims Bennett sold 300,205 shares at inflated prices "for
total insider trading proceeds of $6,132,205."

Mr. Berry is not accused of trading on inside information.

A copy of the Complaint in Richardson v. SolarWinds, Inc., et al.,
Case No. 10-cv-02085 (N.D. Tex.), is available at:


The Plaintiff is represented by:

          Joe Kendall, Esq.
          Jamie McKey, Esq.
          3232 McKinney, Suite 700
          Dallas, TX 75204
          Telephone: 214-744-3000
          E-mail: jkendall@kendalllawgroup.com

               - and -

          David J. George, Esq.
          Paul J. Geller, Esq.
          Robert J. Robbins, Esq.
          120 E. Palmetto Park Rd., Suite 500
          Boca Raton, FL 33432
          Telephone: 561-750-3000

               - and -

          Michael I. Fistel, Jr., Esq.
          Marshall P. Dees, Esq.
          200 Ashford Center North, Suite 300
          Atlanta, GA 30338
          Telephone: 770-392-0090

               - and -

          Jeffrey A. Berens, Esq.
          DYER & BERENS LLP
          303 East 17th Avenue, Suite 300
          Denver, CO 80203
          Telephone: 303-861-1764

TIERONE CORP: Court Appoints Valentino Group as Lead Plaintiff
Magistrate Judge Thomas D. Thalken of the United States District
Court for the District of Nebraska appointed the Valentino Group
as Lead Plaintiff in the class action lawsuit, Ray v. Tierone
Corporation, No. 8:10CV199.

"The Valentino Group and each of its members shall serve as Lead
Plaintiff in this action.  The Valentino Group's selection of The
Rosen Law Firm, P.A. as Lead Counsel for the litigation is
affirmed," Judge Thalken ruled.

UNITED STATES: Settles American Indian Farmers' Class-Action Suit
Scott Kilman, writing for The Wall Street Journal, reports the
Obama administration agreed Tuesday to pay up to $680 million to
American Indian farmers to settle an 11-year-old class-action
lawsuit alleging discrimination by the U.S. Department of

Agriculture Secretary Tom Vilsack, who took office promising to
address longstanding complaints by minority farmers against the
department, said eligible farmers and ranchers can receive up to
$250,000 each for showing that USDA discrimination caused them
economic losses.  However, most farmers will probably opt for a
uniform $50,000 payment, which involves less red tape.

In the class-action suit, American Indian farmers allege that USDA
bureaucrats denied them the low-interest rate loans given to white
farmers between 1981 and 2007.

The American Indian class-action lawsuit has long been
overshadowed by similar discrimination litigation brought by black
farmers against the USDA.  The Obama administration reached a
$1.25 billion settlement with black farmers in February, but
Congress has yet to appropriate that money.

Unlike the suit by black farmers, the money to settle the
litigation by American Indian farmers is coming from an existing
federal judgment fund -- managed by the Justice Department and
Treasury Department -- which is used to pay for litigation
involving the government.

The amount of money that the federal government will eventually
pay to American Indian farmers is far from clear in large part
because it is hard to estimate how many farmers will file claims.

According to the most recent USDA census of agriculture, which was
conducted in 2007, nearly 35,000 American Indians made the day-to-
day decisions for a farm or ranch.  Before the 2007 census,
however, the population of American Indian farmers is murkier
because the government often counted an entire reservation as one
farm operation.

"The people at USDA today didn't create the issues," said Sarah
Vogel, a prominent North Dakota attorney who helped to represent
the American Indian farmers in the suit.  "But they wanted to put
it behind them," she added.

As part of the settlement, which is subject to formal approval by
the U.S. District Court for the District of Columbia, the USDA
would forgive up to $80 million in debts to American Indian
farmers and beef up its programs with American Indian producers.

* National Class-Action Lawsuits Over Foreclosures Expected
Dena Aubin, writing for Reuters, reports a major law firm has
formed a special task force aimed at defending lenders and
mortgage loan servicers as legal challenges to questionable
foreclosure practices mount.

Global law firm K&L Gates LLP said on Tuesday it has assembled a
team to help companies respond to allegations ranging from
wrongful foreclosure to inadequate documentation and lack of
standing to foreclose.

"Whether it's us or somebody else, I think all the servicers are
looking to get outside assistance," said Laurence Platt, a
mortgage banking partner in the firm's Washington, D.C., office.

Legal pitfalls have multiplied "in part because there's a 'gotcha'
mentality out there," he said.

In recent years, U.S. law firms have created special teams to help
clients handle legal issues triggered by the mortgage market
meltdown and the financial crisis.

These teams have included legal experts in areas including
litigation, class-action lawsuits and financial regulation.

All 50 U.S. states have launched a joint investigation of the
mortgage industry, looking into allegations that some banks used
shoddy or fraudulent paperwork to evict borrowers from their

Class-actions have already been filed in state courts, and
national class-action lawsuits are expected on behalf of thousands
of homeowners across the country.

If a class action is brought by all borrowers who have been
foreclosed upon, damages could amount to the billions of dollars,
one plaintiff's attorney has said.

Mr. Platt said that advising lenders and servicers would likely go
"beyond just a straight compliance counseling question because
every act or omission could have spillover consequences with class
actions or government enforcement actions."

* Securities Class Action Plaintiffs Firms Back Democratic Party
David Ingram, writing for The National Law Journal, reports trial
lawyers are holding steady as one of the Democratic Party's
biggest sources of campaign contributions, providing a cushion for
the party as it struggles to maintain control of Congress in the
midterm elections.

Lawyers who represent plaintiffs in securities class actions,
personal injury cases and consumer protection lawsuits have
donated millions of dollars this election cycle to Democratic
campaigns.  At some law firms, they're contributing even more to
federal candidates than they did in either of the previous two
election cycles, including the 2008 campaign when presidential
hopefuls were after their money.

Houston-based Susman Godfrey, for example, has seen its lawyers
contribute more than $523,000 to federal candidates and party
committees since January 2009, according to U.S. Federal Election
Commission records.  The overwhelming majority went to Democrats,
and the total is more than double what the firm's lawyers gave by
this point before the 2006 midterms.

Lawyers at Robbins Geller Rudman & Dowd, a San Diego-based
securities class action firm, have contributed more than $314,000,
up by almost half compared to the same point four years ago.  Name
partners Darren Robbins and Paul Geller have each given five-
figure lump sums.

And at Wilmington, Del.-based Grant & Eisenhofer, lawyers can lay
claim to $275,000 in donations, up about $46,000 from the
presidential cycle.

Some of the firms, such as Robbins Geller, are benefiting from
successful securities class actions, which can generate
multibillion-dollar settlements.  Others, such as Susman Godfrey,
have made news recently as firms helping to lead litigation
against Toyota Motor Corp. for allegations of sudden acceleration
in its vehicles or against BP PLC for the Deepwater Horizon oil

Plaintiffs firms have been Democratic stalwarts for decades,
providing money at every level of government to keep their allies
in office.  This year, with some parts of the liberal base showing
signs of apathy about the Nov. 2 elections, that support is as
important as ever to the party.

"I've been as supportive as I have been in the past," said H.
Laddie Montague Jr., the president of Philadelphia-based Berger &
Montague, where contributions are up 23% over a comparable period
in the 2006 cycle.  Mr. Montague said President Barack Obama has
been a vast improvement over President George W. Bush.  "What went
before was catastrophic for the country, and in the world," he
said. "I don't want to see a repeat of that, and I don't find
fault in what's been done to date, as others might."

Peter Kraus, a founding partner of Waters & Kraus in Dallas, said
he's motivated by the prolific spending of conservative nonprofits
that aren't required to disclose their donors.  Democrats, he
said, are "getting outspent by outside interest groups, and they
need all the help they can get from their traditional allies."

Republicans, who often raise money from corporations that are
defendants in civil suits, criticize what they say is the
plaintiffs' bar's outsized influence.

"Their bread is buttered and buttered richly and thickly when
Democrats are in charge.  And when Democrats are not in charge,
then tort reform becomes a real possibility," said Darren
McKinney, a spokesman for the American Tort Reform Association, a
business-backed group that supports measures such as limits on
jury damage awards.

Ray DeLorenzi, a spokesman for the American Association for
Justice, the trial lawyers' trade association, said in a statement
that the "importance of holding corporations accountable has never
been more apparent," because of recent examples of corporate
misconduct.  "When the Chamber of Commerce is spending millions of
dollars on behalf of anonymous multinational corporations, it
certainly serves as a motivating factor for trial attorneys to
support candidates that will take on these powerful interests and
ensure people can receive justice in the courtroom," he said.

This is the first election cycle for the association's new chief
executive, Linda Lipsen, who took over in May.


The outcome, though, will have an impact on the American
Association for Justice's agenda.  If Republicans retake Congress,
plaintiffs lawyers won't have as many opportunities to push for
changes to the federal pleading standard or limits on mandatory
arbitration for consumers.  They would also have to play more
defense against efforts by business groups and defense lawyers to
limit what they see as frivolous lawsuits.  One unsuccessful
proposal from the last time Republicans controlled Congress would
have given judges greater leeway to sanction lawyers for improper

Aside from legislation, the plaintiffs' bar is hoping to see one
of its own join the federal bench.  Motley Rice partner John
McConnell Jr., a frequent campaign contributor, has been nominated
for U.S. district court in Rhode Island. He faces heated
opposition from Republicans and the U.S. Chamber of Commerce, in
part because of his role in lead-paint litigation.

As with plaintiffs lawyers' individual giving, the American
Association for Justice's own political action committee is poised
to meet or exceed its past fundraising.  It raised $2.5 million
through Sept. 13 of this year, compared to $2.8 million for the
full 2006 election cycle, according to the nonpartisan Center for
Responsive Politics.

The plaintiffs' bar's impact is larger than the federal data alone
suggest.  In Texas, a frequent battleground for liability issues,
Steve Mostyn and his wife, Amber Anderson, of the Mostyn Law Firm
have contributed more than $5 million to state Democrats and
related groups, according to the Texas Ethics Commission. Similar
efforts are playing out nationwide, in attorneys general races,
battles to control state legislatures and other campaigns.


On the national level, lawyers' contributions are helping to prop
up Democratic campaigns that could be key to determining control
of Congress.  Senate Majority Leader Harry Reid, D-Nev., counts
three plaintiffs' firms among his top five contributors by
employer, according to the Center for Responsive Politics: Weitz &
Luxenberg of New York, Simmons Browder Gianaris Angelides &
Barnerd of East Alton, Ill., and Girardi Keese of Los Angeles.
The biggest donor to Florida Gov. Charlie Crist, an independent
running for Senate, is plaintiffs firm Morgan & Morgan, based in
Orlando, Fla. Susman Godfrey's lawyers were among the top donors
to Sen. Arlen Specter, D-Pa., before he lost his primary.

President Barack Obama recently showed his appreciation.  He
attended a fundraiser on Aug. 9 at the Dallas home of Russell
Budd, a name partner at the toxic tort firm Baron & Budd, thanking
attendees for doing "so much not only to help support my campaign
in 2008" but also Democrats nationwide.

Democrats' ties to lawyers have been occasional flashpoints this
election.  This month, National Review Online published a
photograph of a Colorado billboard that is critical of Obama and
includes a rat labeled as a trial lawyer.  Ron Johnson, a
Republican challenging Sen. Russ Feingold, D-Wis., produced a
video saying lawyers dominate the Senate and arguing that
Washington needs fewer of them.  Mr. Johnson is the chief
executive of Pacur Inc., a plastics company.

                        ASBESTOS LITIGATION

ASBESTOS UPDATE: CSX Corp. Still Subject to Occupational Actions
CSX Corporation continues to be subject to occupational claims
that arise from allegations of exposure to certain materials in
the workplace, like asbestos, solvents (which include soaps and
chemicals) and diesel fuels.

During second quarter 2009, the Company reduced its asbestos
reserves by US$18 million.  This reserve reduction is related to
about 1,500 claims that were deemed to have no medical merit and,
therefore, have been determined to have no value.

There were no significant adjustments to asbestos reserves in
2010, according to the Company's quarterly report filed on Oct.
15, 2010 with the Securities and Exchange Commission.

Based in Jacksonville, Fla., CSX Corporation provides rail-based
transportation services including traditional rail service and the
transport of intermodal containers and trailers.  Its subsidiary,
subsidiary, CSX Transportation, Inc., provides a link to the
transportation supply chain through about 21,000 route mile rail

ASBESTOS UPDATE: Advantage Charged $817T for Disposal Breaches
The New Mexico Environment Department issued an administrative
compliance order to Advantage Asphalt Seal & Coating LLC with a
civil penalty of US$817,000 for violations of asbestos disposal
laws, the New Mexico Business Weekly reports.

The Order alleges the Company improperly handled, labeled,
contained, transported and disposed of more than 1,000 cubic yards
of material containing asbestos waste.

The NMED said the Company dumped the waste at numerous sites,
including a dumpster at a high school, in a dumpster at another
waste hauler's operations yard, and on the ground at an auction
yard in Bloomfield frequented by the public.

Advantage had a contract in early 2009 with the city of Bloomfield
to perform utilities work in the North Frontier Street project in
Bloomfield.  It broke, crushed and abraded remnants of water pipe
containing asbestos that was excavated from the roadway and mixed
with soils.

The excavated material had substantially more than one percent
asbestos and was classified as a special waste with unique
disposal requirements under state solid waste rules.

The Company has 30 days to respond to the compliance order, which
was issued on Sept. 20, 2010.

ASBESTOS UPDATE: Catlett Sues AMI, Parc Condo in Harris County
Debra Jo Catlett, on Oct. 12, 2010, filed a lawsuit involving
asbestos removal in Harris County District Court, Tex., against
AMI Association Management Inc., Parc Condominium Association,
Frank Cario, of Spring, Tex., Environmental Solutions Inc. and AAR
Inc., of Cy-Fair, Tex., the Ultimate Montrose reports.

Ms. Catlett alleges that he condo where she lived did not have the
proper insurance to cover damage from Hurricane Ike.  She also
alleges that she was charged unfair maintenance and assessment
fees to fix other units, and had her home entered by workers
despite not giving permission.  In her suit, she claims wrongful
entry and breach of contract.

Ms. Catlett, who owns Unit #202 of Parc IV Condominiums, says that
she has been paying maintenance and assessment fees, but the money
is not going towards raising the insurance to cover future
hurricanes.  The defendants are also charging 133 percent more in
these fees since Hurricane Ike, and allegedly spending the money
to upgrade other units.

Ms. Catlett alleges that on Oct. 13, 2010 and Oct. 14, 2010,
workers from AAR and Environmental Solutions entered her apartment
to do asbestos work, without her permission, and the latter
continued to do work, even after she insisted they leave.

Ms. Catlett seeks damages including actual damages of money paid,
loss of property value, court costs and any other damages they are
entitled to by the court.  She also wants a new board to be put in
place, a new management company and all contractors to be

Ms. Catlett represents herself in Harris County District Court
Case No. 2010-67405.

ASBESTOS UPDATE: Mansfield Man's Death Linked to Hazard Exposure
An inquest held last Oct. 14, 2010 heard that the death of Jack
Booth, of Mansfield Woodhouse, Nottinghamshire, England, was
related to workplace exposure to asbestos, the Nottingham Post

Mr. Booth, who died on Aug. 17, 2010 at the age of 72, worked with
asbestos for 20 years.  A post-mortem examination revealed he
suffered from malignant mesothelioma and asbestosis.

Recording a verdict of industrial disease, Notts Coroner Dr. Nigel
Chapman said, "I am satisfied that he worked with asbestos and his
death is associated with asbestos."

ASBESTOS UPDATE: IMA President to Testify at Conspiracy Trial
Greg Baise, president of the Illinois Manufacturers Association,
is required to testify at an asbestos conspiracy trial in
Bloomington, Ill., The Madison/St. Clair Record reports.

However, Mr. Baise's lawyer is at "a bit of a loss" as to why.  On
Oct. 4, 2010, McLean County Associate Judge Paul Lawrence ruled
that local lawyer James G. Walker, Esq., could examine Mr. Baise
before jurors.

Mr. Walker and former partner James Wylder, Esq., regularly
examine witnesses from companies they sue, but Mr. Walker did not
sue Mr. Baise.

Mr. Baise's lawyer, Bruce Radke, Esq., of Vedder Price in Chicago,
said, "We are at a bit of a loss as to why Mr. Baise and the
Illinois Manufacturers Association have been dragged into this."

ASBESTOS UPDATE: Leeds Woman's Death Related to Hazard Exposure
An inquest heard that the death of Sheila Dobson, of The Birches,
Bramhope, Leeds, England, was related to workplace exposure to
asbestos, the Wharfedale & Airedale Observer reports.

Mrs. Dobson, who died at the age of 59, was exposed to asbestos at
work for eight years.  She was diagnosed with malignant
mesothelioma in June 2009.

The inquest heard that three tests of samples on tissue from Mrs.
Dobson's lungs found no evidence of asbestos.  However, the
inquest in Leeds was told that it was not possible to rule out the
presence of asbestos fibers in her lungs, and that Mrs. Dobson had
been exposed at work for a relatively significant period of time.
She was also subject to secondary exposure through other family
members, the hearing was told.

Coroner Ms. Melanie Williamson said the primary cause of
mesothelioma was exposure to asbestos.  She told the hearing that
although asbestos had not been found in samples of Mrs. Dobson's
lung tissue there was evidence to show that she had been
significantly exposed to asbestos.

Ms. Williamson expressed her condolences to the dead woman's
family and gave a verdict of death from industrial disease.

ASBESTOS UPDATE: Abatement Ongoing at Police Precinct in Detroit
Carl W. Goines, one of the directors at the 555 non-profit art
gallery in Detroit, has confirmed that asbestos and lead paint are
currently being removed from the old station that once housed
Detroit's third police precinct, Mesothelioma.com reports.

The 555 gallery is moving its location from 3401 West Vernor
Street on the east side of Detroit to the old station.  The
buildings are near one another and the move would not be
particularly cumbersome.

However, a significant amount of work has to be done to transform
the stationhouse into a fully functional and presentable art

The 555 workers, however, do not seem to be in serious danger, as
proper measures are being taken.

If the contactor was unaware of the presence of asbestos or the
gallery was unwilling to pay for its proper and legal removal, it
would be an entirely different story.

ASBESTOS UPDATE: Hazard Discovered at Primark Site in Scunthorpe
Contractors found asbestos at the development site of the new
Primark store in Scunthorpe, North Lincolnshire, England, the
Scunthorpe Telegraph reports.

The Health and Safety Executive has been informed and Glasgow-
based shop-fitting firm Morris and Spottiswood has called in a
licensed asbestos contractor to undertake a full survey of the
contaminated areas.

The discovery comes less than three months after fashion chain Bhs
ceased trading in the 38,315 square feet building after 50 years.
The 29-staff have now been relocated to a new site in The Parishes
shopping mall.

Primark, which bought the site in January 2010, was given planning
approval in July 2010 to transform the building, on the corner of
High Street, Wells Street and West Street.  Work had started on
building a second floor extension and expanding retail operations
on the ground and first floors.

Work yet to be done on the site includes the installation of two
escalators, a lift and a new loading bay.

ASBESTOS UPDATE: Croydon North Investigation on Hazard Continues
An asbestos cleanup investigation on the safety of a significant
Croydon North, Victoria, Australia, floral reserve is continuing,
the Maroondah Leader reports.

An excavator was brought into Hochkins Ridge Flora Reserve last
Oct. 14, 2010 to examine the effect of dumped cement sheets
containing asbestos.  Parks Victoria found the sheets buried up to
3.5 meters deep in the reserve's south-east section while
upgrading fire breaks in June 2010.

The site was re-covered with soil and geo-textile fabric after an
asbestos removal company's excavator was unable to take out all of
the material.

Warrandyte ranger-in-charge Conrad Annal said the works were part
of an Environmental Protection Authority investigation into a
long-term rehabilitation strategy to ensure safety in the area.

The removal company was expected to hand in a report on the
findings within October 2010.

The 18.5-hectare reserve is home to 250 native plant species,
including two of state significance.

ASBESTOS UPDATE: N.Y. Court Issues Decision in Mt. McKinley Case
The Supreme Court, Appellate Division, First Department, New York,
ruled on an asbestos case styled Mt. McKinley Insurance Company,
etc., et al., Plaintiffs v. Corning Incorporated, Defendant-
Appellant, AIU Insurance Company, et al., Defendants, Century
Indemnity Company, etc., et al., Defendants-Respondents.

Judges Mazzarelli, Sweeny, Acosta, and Roman entered judgment in
Case No. 3343N on Oct. 12, 2010.

On Dec. 4, 2009, the Supreme Court, New York County granted the
cross motion of respondents Century Indemnity Company et al. to
compel discovery and denied appellant Corning Incorporated's
assertion of the "common interest" privilege for certain
communications with asbestos claimants made in connection with
strategy and preparation for Bankruptcy Plan confirmation
hearings.  The Appellate Court affirmed the ruling.

In this action seeking a declaratory judgment establishing
entitlement to insurance coverage for defense and/or
indemnification, the IAS court did not abuse its discretion in
ordering the subject documents produced.

The Court properly held that Corning failed to establish that the
subject documents were protected by the common interest privilege,
as the negotiations indicated that the parties remained in
adversarial positions, and that there was no reasonable
expectation of confidentiality.

The Court had considered Corning's remaining arguments and found
them unavailing.

Dickstein Shapiro LLP, New York (Edward Tessler, Esq., of
counsel), represented appellant.

O'Melveny & Myers LLP, New York (Tancred V. Schiavoni, Esq., of
counsel), represented respondents.

ASBESTOS UPDATE: Miss. Court Reverses Ruling in Pittman's Action
The Supreme Court of Mississippi reversed the ruling of the Hinds
County Circuit Court in asbestos-related litigation involving Mary
Pittman, Executrix of the Estate of Lonnie Pittman.

Judges Waller, Carlson, Dickinson, Lamar and Pierce entered
judgment in Case Nos. 2008-IA-01572-SCT, 2008-IA-01584-SCT, and
2008-IA-01599-SCT on Oct. 14, 2010.  Judges Graves, Kitchens, and
Chandler dissented.

In December 2002, Mr. Pittman filed an asbestos suit against the
various companies (Appellants).  It was later discovered that Mr.
Pittman had died long before the suit was ever filed.  Mrs.
Pittman, Mr. Pittman's widow, attempted to substitute herself as
the proper plaintiff.

Later, in August 2005, Mrs. Pittman filed an amended complaint as
executrix of Mr. Pittman's estate.  The Court found that the
December 2002 complaint was a nullity, and as such, Mrs. Pittman
could not be substituted to it.  The Court also determined that
the effect of Mrs. Pittman's 2005 amended complaint.  This amended
complaint, though instituted by a proper party, was filed outside
the statute of limitations.

Summary judgment was granted for Appellants.  The Supreme Court
reversed and rendered judgment of the circuit court.

Dawn E. Fulce, Esq., Thomas W. Tyner, Esq., T. Hunt Cole, Jr.,
Esq., James Gordon House, III, Esq., Laurin Davis McGuffee, Esq.,
Timothy Hutson Jones, Esq., Robert M. Arentson, Jr., Esq., Mary
Winter Van Slyke, Esq., Ronald G. Peresich, Esq., Michael E.
Whitehead, Esq., Claire W. Ketner, Esq., John Ernest Wade, Jr.,
Esq., Sharon F. Bridges, Esq., William Buckley Stewart, Sr., Esq.,
Robert P. Thompson, Esq., Walter W. Dukes, Esq., represented

John Timothy Givens, Esq., Timothy W. Porter, Esq., Patrick C.
Malouf, Esq., represented Mrs. Pittman.

ASBESTOS UPDATE: District Court Affirms Tate & Lyle's Remand Bid
The U.S. District Court, Eastern District of Louisiana granted
Tate & Lyle Sugar Holdings, Inc.'s motion for remand in a case
involving asbestos filed against Continental Casualty Company.

District Judge Mary Ann Vial Lemmon entered judgment in Civil
Action No. 10-1800 on Oct. 13, 2010.

On May 27, 2010, T & L filed suit in the 34th Judicial District
Court, Parish of St. Bernard in Louisiana, against Continental
Casualty Company seeking a declaration that Continental provided
insurance coverage to T & L for underlying asbestos claims against
T & L, and damages for breach of contract.

On June 23, 2010, Continental removed the case to the U.S.
District Court for the Eastern District of Louisiana.  Continental
contended that the parties were completely diverse and that there
was more than US$75,000 in controversy.

T & L filed a motion to remand arguing that complete diversity was

The matter was remanded to the 34th Judicial District Court,
Parish of St. Bernard, State of Louisiana.

Daniel L. Dysart, Esq., Paul A. Tabary, III, Esq., of Dysart &
Tabary, LLP in Chalmette, La., Lee M. Epstein, Esq., of Fried &
Epstein, LLP in Philadelphia, represented T & L.

Glenn Gill Goodier, Esq., Jones Walker, Esq., of New Orleans,
Charles T. Blair, Esq., of Troutman Sanders, LLP in Washington,
D.C., Meredith N. Baron, Esq., Rebecca L. Ross, Esq., of Troutman,
Sanders, LLP in Chicago, represented Continental.

ASBESTOS UPDATE: Bankers Dev't. Fined $3.3T for Cleanup Breaches
The Oregon Department of Environmental Quality has issued a
US$3,300 penalty to Bankers Development Corporation, which owns
the China One Buffet at 2732 Pacific Boulevard SE in Albany, Ore.,
for a violation related to asbestos removal during a remodel of
the restaurant this past June 2010, according to an Oregon DEQ
press release dated Oct. 18, 2010.

Between June 5, 2010 and June 17, 2010, Bankers Development Corp.
allowed its tenant, Qing Dan Xie, to remove an unknown quantity of
cement asbestos board from the restaurant's kitchen and/or
bathroom walls.  Qing Dan Xie is not licensed to perform asbestos
abatement projects, and when the board was removed, it was
pulverized and crushed, possibly allowing asbestos fibers to be
released into the air.

DEQ issued Bankers Development Corp. a US$3,300 penalty for
failing to have an accredited inspector survey the building for
the presence of asbestos-containing material before proceeding
with the renovation project.  DEQ also cited Bankers Development
for allowing an unlicensed individual to perform an asbestos
abatement project without the required license, and for openly
accumulating asbestos-containing waste materials at the site.

DEQ did not issue penalties for these last two violations.

Bankers Development Corp. has until Oct. 27, 2010 to appeal the

ASBESTOS UPDATE: Chaney Case v. 89 Firms Filed Sept. 27 in W.Va.
Raymond and Marjory I. Chaney, on Sept. 27, 2010, filed an
asbestos-related lawsuit against 89 defendant corporations in
Kanawha Circuit Court, W.Va., The West Virginia Record reports.

Mr. Chaney, on July 29, 2010, was diagnosed with mesothelioma.  He
claims he smoked one-half pack of cigarettes per day from 1944
until 1964, but then quit.

The Chaneys seek a jury trial to resolve all issues involved.
Victoria Antion, Esq., James A. McKowen, Esq., and Brownwyn I.
Rhinehart, Esq., are representing the Chaneys.

Case No. 10-C-1726 has been assigned to a visiting judge.

ASBESTOS UPDATE: John Lewis Facing Penalty for Safety Violations
John Lewis, which is a retailer, was penalized for exposing
construction staff to asbestos during a refurbishment of its store
on the top floor of the St James Centre department store in
Edinburgh, Scotland, BBC News reports.

Morris and Spottiswood, which was contracted to carry out the
renovation, could also be fined after admitting to three health
and safety offenses.

Neither of the firms carried out the necessary checks for asbestos
before they allowed the work to begin in 2008.  Asbestos was
disturbed during the work and 15 members of its staff were
potentially exposed.

Edinburgh Sheriff Court heard John Lewis called in the contractors
to refurbish the top floor of the department store.  Procurator
Fiscal Maureen McGovern described three types of checks for
asbestos which should be carried out, the first two being suitable
only for "day-to-day checks on households."

However, "type three," described as "getting into every nook and
cranny to ensure there is no risk of asbestos exposure," is the
one which the two companies should have used.

Instead, they used type two, which resulted in a board with
asbestos material going undetected, while unsuspecting workmen
started taking down partition walls, and brushing away dust
materials with their hands.

On discovering the suspect board, a joiner alerted his superiors
and the work was halted.  However, the Court heard the work was
allowed to recommence after John Lewis staff failed to identify
the correct board and take it away for testing.

Sheriff Elizabeth Jarvie deferred sentencing until Nov. 9, 2010.

ASBESTOS UPDATE: Hazard Uncovered at Gildersome Gardens in Leeds
Asbestos was found in four out of 11 gardens on Forest Bank and
Springfield Avenue in Gildersome, West Yorkshire, near Leeds,
England, BBC News reports.

Soil from the streets' remaining 49 gardens will now be tested.
The Environment Agency has given Leeds City Council GBP50,000 to
carry out the work.

The Health Protection Agency said the risk to residents was low.
The houses were built on the site of the former Springfield Mill
in the 1970s and 1980s.

ASBESTOS UPDATE: British Gypsum Awards Payout to Bradley Family
British Gypsum Limited (f/k/a Gyproc) offered an undisclosed six-
figure settlement to the family of Dennis Bradley, who died of
mesothelioma stemming from workplace exposure to asbestos, the
Yorkshire Post reports.

Mr. Bradley, who died at the age of 78, worked for Gyproc for 28
years until his retirement in 1992.  He came into regular contact
with asbestos while working for the Company at construction sites
and through his role as an instructor at the Company's training

In March 2009, when on a family break in the Lake District, Mr.
Bradley suffered chest pain.  On returning home, the pain
persisted, leading him to seek medical advice.  After being sent
for an x-ray, he was admitted to Royal Hallamshire Hospital for 10
days in order to have fluid drained from his lungs.

Two months later, Mr. Bradley was diagnosed with malignant
mesothelioma and underwent radiotherapy and chemotherapy.  He died
in February 2010.  He leaves a wife of 57 years, two daughters and
a grandson.

ASBESTOS UPDATE: Workers Sought for "Botched" Job at Birmingham
Birmingham City Councilors have demanded that workers who
"botched" a repair job at the Sutton Coldfield Library in
Birmingham, England, be held accountable, the Birmingham Mail

The ceiling in Sutton Coldfield Library was damaged in 2002 when
computer cabling was installed but covered up.  However,
potentially lethal asbestos exposed by the damage was only
discovered in May 2010 -- leading to the venue's immediate

As revealed in the Birmingham Mail in August 2010, it will cost an
estimated GBP1.8 million to repair at a time when Council budgets
are tight.

The committee agreed to pursue those responsible in a bid to
secure answers over the quality of the 2002 work.

Five months after the library closed, there have been few signs
that the Council will find the repair money.

ASBESTOS UPDATE: Help Sought in South Cumbria Widow Payout Case
Thompson's Solicitors seeks people who worked at Barrow's shipyard
in the 1950s and early 1960s to help in a South Cumbria, England
widow's compensation claim, the Northwest Evening Mail reports.

It comes following a Court of Appeal decision, which left asbestos
victims and their families unsure whether they would be entitled
to compensation.  Insurance firms were partly successful in a test
case about who picks up the bill in claims for mesothelioma.

In the case, known as the trigger issue, the Court of Appeal ruled
that the High Court was wrong when it decided that the insurers
who should pay are those who provided cover to the employer at the
time of the asbestos exposure in 2008.

However, the Court of Appeal has decided that, in some cases, the
employers' liability insurance is not triggered by the initial
exposure to asbestos but by the development of the disease, which
can sometimes be decades later.

This means that in every case the exact words used in the
insurance contract will have to be studied and could leave many
victims with no compensation.

Thompsons is now in the process of helping the widow who is
involved in a similar legal battle for compensation.

ASBESTOS UPDATE: Swansea Council Leads Group on Safety Matters
The Swansea Council is the main authority in a Welsh Purchasing
Consortium of councils, health and other bodies across Wales to
improve safety on inspecting, testing and removing asbestos, Welsh
Country reports.

This means that Swansea Council will lead the process on buying
asbestos surveying, inspection, testing and analytical services as
well as licensed supervision and licensed removal on behalf of the
member authorities.

By working together this way, the Councils in the consortium hope
to ensure they are achieving the best quality, compliance with
European Law and best value for money services to manage asbestos.

The inspection, testing and removal of asbestos cost the 16
participating authorities around GBP6 million a year.  In Swansea
alone, the spending over the last four years has been GBP3

By having a framework agreement, with Swansea Council buying in
services for all the consortium members, authorities could enjoy
savings of between 5% and 10% while achieving a quality service.

Swansea Council alone should be looking at savings in the region
of GBP150,000 over the four-year period.

ASBESTOS UPDATE: Asbestos Suspected in Basement at Sunrise Plaza
The presence of asbestos is suspected at the basement of the
Sunrise Plaza in Massena, N.Y., the Watertown Daily Times reports.

A stop-work order issued by the village code enforcement office
has halted an effort to clean up the basement at Sunrise Plaza.
What began as a complaint about basement noise has evolved into a
potential asbestos-exposure issue at the plaza, 50 Main St.

Code Enforcement Officer Gregory C. Fregoe received a call last
September 2010 from one of the building's tenants, who heard
banging in the basement.

Mr. Fregoe said he observed workers removing some of the
basement's old pipes.  The crew did not have a work permit, so Mr.
Fregoe ordered it to stop work and seal off the basement.

Mr. Fregoe said he suspected the workers might have disturbed
asbestos while removing the pipes.  The workers and the building
owner should have known they needed an asbestos survey and a work
permit before they started the work, he said.

State labor laws prohibit building owners from hiring crews to
remove hazardous material without the proper documentation,
Village Administrator Everett E. Basford said.

The Massena Chamber of Commerce, Massena Martial Arts, Nora's Hair
Salon, Mojo Rising Tattoo and Standing Rock Boxing rent space in
the building.

ASBESTOS UPDATE: Council OKs $18T Bid For Pontiac Sites' Cleanup
The Council of Pontiac, Ill., on Oct. 18, 2010, approved a
US$18,000 bid to remove asbestos found in buildings located in
downtown Pontiac, the Pontiac Daily Leader reports.

The project was awarded to Ideal Environmental Engineering of
Bloomington, Ill.

City Administrator Bob Karls said, "We requested proposals from
six firms for the removal of the asbestos found in the buildings
remaining on the block south of the courthouse.

"One firm responded with a proposal and that was Ideal
Environmental Engineering of Bloomington.  If they can get the
asbestos removal completed by the end of November then we put the
project out for bids in November for demolition."

ASBESTOS UPDATE: 3 Hartlepool Locals' Death Related to Exposure
The separate inquests at the Hartlepool Coroner's Court heard that
the deaths of three pensioners were related to workplace exposure
to asbestos, the Hartlepool Mail reports.

The inquests were held by Hartlepool coroner Malcolm Donnelly.

Allan Bates, a retired merchant seaman, died at the age of 71 on
July 1, 2010 at his Northgate, Hartlepool, England, home after
suffering from lung cancer.

William Parkinson, a retired gas inspector, died at the age of 95
on July 22, 2010 at his Marlowe Road, Hartlepool, England, home
after suffering from mesothelioma.

Dorothy Dear, an accountant, died at the age of 77 on July 21,
2010 at the University Hospital of Hartlepool after suffering from

Mr. Bates' and Mr. Parkinson's deaths were recorded as from
industrial disease.  Ms. Dear's death was recorded as due to
natural causes.

ASBESTOS UPDATE: Derbyshire Case v. National Coal Board Ongoing
An asbestos case by Benjamin Derbyshire, a 90-year-old coal mine
worker from Leigh, Greater Manchester, England, and filed against
the United Kingdom's National Coal Board is ongoing, Wigan Today

Mr. Derbyshire said he believes he was diagnosed with mesothelioma
after coming into contact with asbestos while working at
Bickershaw Colliery in Wigan during the 1950s for the National
Coal Board.

Geraldine Coombs, a solicitor who specializes in asbestos claims
at Irwin Mitchell solicitors in Manchester, is representing Mr.

ASBESTOS UPDATE: Vt. Veterans' Home Receives $3.1M Cleanup Grant
A US$3.1 million grant from the U.S. Department of Veterans
Affairs will go toward keeping mold and asbestos contamination out
of the state's Veterans' Home in Bennington, Vt., WCAX.com

Renovations to the aging building will cost nearly US$5 million,
65 percent of which will come from the Veterans Affairs.  This
grant is part of over US$360 million the Veterans Affairs expects
to spend helping Vermont's 55,000 veterans in 2010.

ASBESTOS UPDATE: Hazard May Foul Up Litchfield House Demolition
According to officials at an Oct. 18, 2010 Board of Selectmen
meeting at the Municipal Center in Newtown, Conn., an asbestos
problem at Litchfield House has been narrowed to the lintels
supporting the windows and will likely cost more money than
expected, the Newtown Patch reports.

First Selectman Pat Llodra said, "There is a solution, we will
find that solution.  The fear is that it will cost additional
money to abate that building and demolish it.  Those numbers are

The issue was recently identified and could not have been foreseen
due to the slight differences and times when the buildings at
Fairfield Hills were constructed, Public Works Director Fred
Hurley told the selectmen.

Mr. Hurley said, "The lintels are around the window.  They had
waterproofing in there that contains asbestos.  The only way we
had encountered this is if we had a destructive tearing down of
the window system."

Mr. Hurley said the location of the asbestos in the lintels of the
window system complicates the removal and demolition process.

ASBESTOS UPDATE: UNISON Issues Warning on Hazard in U.K. Schools
UNISON, the United Kingdom's leading public sector trade union, at
an Oct. 14, 2010 meeting with Lord Hill, schools minister,
reiterated its call for urgent action on dangerous asbestos in
schools, according to a UNISON press release dated Oct. 14, 2010.

Estimates vary, but more than 14,000 schools in the United Kingdom
are thought to contain asbestos.  Over time, and without proper
management, the safety of asbestos declines, and dangerous levels
have been recorded during daily events, such as when children slam
classroom doors.

The withdrawal of Building Schools for the Future (BSF) funds has
condemned many teachers, children and support staff to learn and
work in buildings riddled with asbestos for even longer.

UNISON is also lending its support to Waltham Forest Council, who
had BSF funding for four schools containing asbestos cancelled,
and is seeking judicial review to challenge the decision.

Dave Prentis, General Secretary of UNISON, said, "UNISON welcomes
Lord Hill's recognition of the need to tackle this problem
urgently.  We look forward to working with him to getting to grips
with the true extent of the problem, by playing our part in the
joint working group due to start next month.

"Put simply, there should be no place for asbestos in our schools.
Children, staff and parents should have the right to know they are
learning in a safe and healthy environment.  But asbestos --
especially without proper management -- is anything but safe.

"It is vital that the Government recognizes that asbestos in
schools is a health hazard and that they should take urgent action
to have it removed, and make sure it is properly managed.

"With more schools being taken out of local authority control,
UNISON is deeply concerned that standards of asbestos management,
which are already seriously failing, will decline even further.
Schools will not get the help they need to deal with this
dangerous problem, and this will sadly lead only to a more
children and staff losing their lives.

"The safety of students and staff should be paramount.  Asbestos
claims many lives every year, but it is often many years later
that the consequences of exposure become clear.  UNISON will
continue to campaign hard to rid our schools of this hidden
The joint-union campaign got a boost from the Chairman of the
United Asbestos Training Association, who expressed serious
concern over asbestos management in schools, including training
for staff.

UNISON and the other education unions will be launching a major
survey of asbestos in schools in October 2010.

ASBESTOS UPDATE: Cleanup at Sky Valley Motel Site to Cost $170T
Steve Rabe, city administrator of Canon City, Colo., said that the
asbestos removal costs at an old Sky Valley Motel site would cost
US$170,000, The Pueblo Chieftain reports.

Emerald Cascade Restaurant Systems Chief Executive Officer Michael
Bladow withdrew his application to build a Jack in the Box
restaurant at the corner of Greydene and Fremont Drive just north
of U.S. 50 at the Sky Valley Motel site located between Faricy
Ford and a liquor store.

Mr. Rabe said, "They also submitted a traffic plan to CDOT for the
state's right of way.  It was CDOT's requirement that they build a
left turn lane along the entire block and their findings were
based on a Jack in the Box traffic engineer's calculation of

The price tag for the turn lane was estimated at US$150,000.

ASBESTOS UPDATE: Cleanup at Sardinia Meeting House to Cost $10T
The Sardinia Town Board in Sardinia, N.Y., approved asbestos
removal at the Sardinia Meeting House through Stohl Remediation
Services, at which the costs are not to exceed US$10,000, metroWNY

The Sardinia Meeting House is getting some updates.  The board
acknowledged the need for a new furnace and awarded Vacinek
Heating & Roofing Inc. with the replacement of a furnace for

ASBESTOS UPDATE: Cleanup at Monticello City Office Costs $2,248
Monticello City Manager Kelly Pehrson informed the Council that
there could be an additional US$2,248 in additional asbestos
abatement costs, if necessary, at the city office in Monticello,
Utah, the San Juan Record reports.

The Council approved bids related to a grant that was received to
make energy efficiency upgrades to the city office.

According to Mr. Pehrson, the bids came in higher than the grant
budget, leaving the City short US$5,000 for the project.  He
suggested that they may be able to do some administration of the
grant in-house in order to try to save the US$5,000, but even if
they had to pay it, they would still be receiving a new roof,
lighting, electrical and a boiler for a nominal fee.

Mr. Pehrson suggested that the unexpected dividend check they
received from the insurance rebates, about US$7,500, could be used
to cover the cost.  He observed that it would still be 99 percent
grant money and that the city would be lucky to find such a grant
in the future.

The Council discussed several options, including doing only part
of the project at this time and starting the bid process again on
the roof, which came in much higher than the original project

In the end, the Council approved bids by a vote of 3-2.  The bid
for electrical work was awarded to Four Corners Electric for
US$8,650, the new roof was awarded to Tim Hunt Roofing for
US$32,000, and SR Mechanical was the low bidder on the boiler at


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