/raid1/www/Hosts/bankrupt/CAR_Public/110107.mbx              C L A S S   A C T I O N   R E P O R T E R

              Friday, January 7, 2011, Vol. 13, No. 5


ADVANCED HEARING: Claims Must Be Filed By Apr. 1, 2011
ALBERTO-CULVER: February 21 Class Action Settlement Hearing Set
ANTHEM INSURANCE: Shareholder Class Action Pending in Indiana
BROOKLAND GREENS: Faces Class Action Over Remnant Methane Gas
BUCYRUS INTERNATIONAL: Being Sold to Caterpillar for Too Little

DIESEL USA: Removes "Labrador" Labor Complaint to N.D. Calif.
LERNER SAMPSON: Faces Class Action Over Frivolous Foreclosures
LEUCADIA NATIONAL: Judge Junks Bid to Dismiss Racketeering Suit
LOWER MERION: November Trial Set for 2007 Discrimination Suit
MATCH.COM LLC: Sued Over Fraudulent Profiles on Dating Site

MECOX LANE: Pomerantz Law Firm Files Securities Class Action
NEW BALANCE: Faces Class Action Over Toning Shoes
NORTHWEST PIPE: Fraud Claims Added in Shareholders' Class Action
VODAFONE GROUP: Taskforce to Fix Network After Legal Threat
SALSA CYCLES: Recalls 6,500  Salsa Handlebar Stems

UNITEDHEALTH GROUP: SPDR(R) Funds Receive Settlement Payments

* Attorney Generals Expect Foreclosure Settlements with Banks
* Securities Class Action Filings in Ninth Circuit Declines

                        Asbestos Litigation

ASBESTOS UPDATE: Parker Resident Sentenced to 40-Day Jail Term
ASBESTOS UPDATE: Shreve, Webster Lawsuits Filed in St. Clair Cty.
ASBESTOS UPDATE: Union Carbide, Others Seek Reforms in Madison
ASBESTOS UPDATE: Cooperative Group Fined for Safety Violations
ASBESTOS UPDATE: U.K. Govt. to Give GBP5,000 Payout to Victims

ASBESTOS UPDATE: Court OKs $3.6MM for Cleanup of Encycle/ASARCO
ASBESTOS UPDATE: Travelers to Pay $445MM for Asbestos Settlements
ASBESTOS UPDATE: Miss. DEQ Probes Possible Breaches at Lafayette
ASBESTOS UPDATE: 7 Former Hardie Directors Cleared in ASIC Claim
ASBESTOS UPDATE: Quincy Off the Hook for Abatement at Mall Site

ASBESTOS UPDATE: Vukoja Family Seeks Help in Compensation Claim
ASBESTOS UPDATE: Schuderer's Family Awarded $1MM Payout in N.Y.
ASBESTOS UPDATE: Aussie Ex-Teacher Aide Files Compensation Claim
ASBESTOS UPDATE: Halifax Inquest Rules on Former Cleaner's Death
ASBESTOS UPDATE: Abatement at Pearson Middle School Costs $390T

ASBESTOS UPDATE: Navistar Int'l. Still Subject to Exposure Cases
ASBESTOS UPDATE: Esterline Subject to Potential Asbestos Actions
ASBESTOS UPDATE: Joy Global Still Involved in Liability Actions
ASBESTOS UPDATE: Tipping Widow Gets GBP95,000 in Asbestos Payout
ASBESTOS UPDATE: Crestmoor Community in Calif. Cleared of Hazard

ASBESTOS UPDATE: Inquest Links Cheshire Worker's Death to Hazard
ASBESTOS UPDATE: Asbestos at Bull Savannah Still to be Removed
ASBESTOS UPDATE: Reservoir Resident Seeking Payout From Goodyear
ASBESTOS UPDATE: EPA Releases Results on Tests at Zonolite Site
ASBESTOS UPDATE: Asbestos Mine at Netaji Ka Bara, India Reopened

ASBESTOS UPDATE: Deleon Awaits Sentencing for Asbestos Breaches
ASBESTOS UPDATE: Asbestos Claims in New South Wales Still Rising
ASBESTOS UPDATE: Hazard at Mt. Umunhum's Vicinity to be Removed
ASBESTOS UPDATE: Riverhead, N.Y Still to Hire Removal Contractor
ASBESTOS UPDATE: No Unsafe Asbestos Found at Ambler's Tap Water

ASBESTOS UPDATE: Dist. Ct. Plan Hearing in Leslie Controls Case
ASBESTOS UPDATE: Court Affirms Board's Decision in Lykins Action
ASBESTOS UPDATE: N.C. Appeals Court OK'd Ruling in Kingston Case
ASBESTOS UPDATE: Court Partially Grants Waters' Dismissal Motion
ASBESTOS UPDATE: Split Ruling Issued in Anco Insulations Lawsuit

ASBESTOS UPDATE: Mo. Court Affirms Remand Motion in Elsea Action
ASBESTOS UPDATE: Telecoms Engineer Awarded GBP115T Compensation
ASBESTOS UPDATE: U.K. Inquest Rules on Derby Technician's Death
ASBESTOS UPDATE: Laurel Residents Claim Asbestos Made Them "Ill"
ASBESTOS UPDATE: Hazard Removed From Morony Natatorium Basement

ASBESTOS UPDATE: Hazard to be Cleared From Garden Walk in Chico
ASBESTOS UPDATE: Trustee Wants Dismissal of Quigley's Bankruptcy
ASBESTOS UPDATE: Greenford to Assume Abatement at Three Schools
ASBESTOS UPDATE: Cleanup Ongoing at Liverpool Elementary School
ASBESTOS UPDATE: Kittle Case v. 97 Firms Filed Dec. 10 in W.Va.

ASBESTOS UPDATE: Most 2010 Asbestos Actions Given to Judge Floyd
ASBESTOS UPDATE: Judge to Rule on W.R. Grace Plan This Month
ASBESTOS UPDATE: Mancuso Ordered to Pay $17,972 in Restitution
ASBESTOS UPDATE: Seward Museum Cleanup, Demolition to Cost $39T
ASBESTOS UPDATE: Cleanup at Aspen City Market to Start Jan. 2011

ASBESTOS UPDATE: Kumar Urged to Stop Asbestos Factory Operations
ASBESTOS UPDATE: Hazard Cleared From Rongotai College Gym Ruins
ASBESTOS UPDATE: Asbestos "Timebomb" Continues to "Tick" in York
ASBESTOS UPDATE: Sellwood Widow Claims Victory and Compensation
ASBESTOS UPDATE: Miss. Court Junks Defendants' Bids in ICRC Case

ASBESTOS UPDATE: Tenn. Appeal Court OKs Ruling in Miller Action
ASBESTOS UPDATE: Appeals Court Reverses Ruling in Laverty Action
ASBESTOS UPDATE: District Court Junks McCurdy's Move for Relief
ASBESTOS UPDATE: La. Court Upholds Ruling in Rapid-American Case
ASBESTOS UPDATE: Summary Judgment Denied in Faddish Case


ADVANCED HEARING: Claims Must Be Filed By Apr. 1, 2011

                    STATE OF OHIO

  Craig                     )
          v.                ) Case No. CV2009-01-0196
  Advanced Hearing          )
  Technologies, Inc.        )


To: Ohio Residents who purchased hearing aid(s) from
   Advanced Hearing Technologies, Inc. or who were
   sued by Advanced Hearing Technologies, Inc.
   between January 1, 2006, and January 20, 2009,
   and who have not previously excluded themselves
   in writing:

   You are hereby notified that there has been entered a final
judgment entry approving settlement of the class action.  Details
of said judgment entry can be reviewed at

   If the class member is deceased, returned the hearing aids
within 60 days, or incurred actual damages because he/she was
sued, said class member may be entitled to compensation if he/she
submits a claim for damages.  Class members who wish to file
claims for damages must send an affidavit and documentation to:

      Advanced Hearing Technologies Class Action Litigation
      Notice Administrator
      c/o Pro Seniors, Inc.
      7162 Reading Road, Suite 1150
      Cincinnati, OH 45237

   Said claim must be received by the Notice Administrator no
later than APRIL 1, 2011.

                             *   *   *

Notice of this class action proceeding appeared in the Feb. 17,
2010, edition of the Class Action Reporter, and notice of the
Dec. 21, 2010, Settlement Hearing appeared in the Class Action
Reporter on Nov. 2, 2010.

ALBERTO-CULVER: February 21 Class Action Settlement Hearing Set


                        C.A. No. 5873-VCS

                    SUMMARY NOTICE OF PENDENCY


YOU ARE HEREBY NOTIFIED, under Delaware Court of Chancery Rule 23
and an Order of the Court, that: (i) the above-captioned action
(the "Action") is pending as a class action in the Court of
Chancery of the State of Delaware (the "Court"), and that the
Court has preliminarily certified a settlement class in the Action
that includes all persons and entities (and their successors and
assigns) who held shares of Alberto-Culver common stock at any
point between and including the September 27, 2010 announcement of
the sale of Alberto-Culver to Unilever N.V., Unilever PLC,
Conopco, Inc., and Ace Merger, Inc. (collectively, "Unilever") and
the closing of the transaction with Unilever (the "Merger"),
excluding Defendants, their subsidiary companies, affiliates and
members of their immediate families (the "Class"); and (ii) a
proposed settlement (the "Settlement") has been reached on behalf
of the Plaintiffs, Plaintiffs' Counsel, and each and every member
of the Class dismissing all claims asserted against the Defendants
in this Action.  A hearing will be held before the Court, in the
New Castle County Courthouse, 500 North King Street, Wilmington,
DE 19801, on February 21, 2011 at 2:00 p.m. (the "Settlement
Hearing Date"), to, among other things, determine whether the
proposed Settlement should be approved by the Court as fair,
reasonable and adequate; to determine whether Plaintiffs and
Plaintiffs' Counsel have adequately represented the Class; and to
consider the application of Plaintiffs' Counsel for an award of
attorneys' fees and expenses.

a summary notice only.  Additional information about the claims
asserted in the Action and the terms and benefits of the proposed
Settlement are available in the full printed Notice of Pendency
and Proposed Settlement of Shareholder Litigation (the "Notice").
A copy of the Notice is available at:




If you were an Alberto-Culver shareholder at any point between and
including September 27, 2010 and the closing of the Merger, you
will be bound by the Order of the Court granting final approval to
the Settlement.  Any objections to the Settlement and/or
Plaintiffs' Counsel's application for an award of attorneys' fees
and expenses must be filed no later than ten business days before
the Settlement Hearing Date, in accordance with the procedures set
forth in the Notice.

By Order of The Court

ANTHEM INSURANCE: Shareholder Class Action Pending in Indiana
Delaney & Delaney LLC, Keller Rohrback L.L.P., Zagrans Law Firm
LLC, Berger & Montague, P.C. and Becker Law Firm Co., L.P.A., on
Tuesday disclosed that former members of Anthem Insurance Company
who received shares of stock as a result of Anthem's
demutualization in 2001 face the risk that the claims asserted in
a pending federal court action might not be certified for class
action treatment.

The lawsuit known as Jorling v. Anthem was filed on June 26, 2009
against Anthem Inc. and Anthem Insurance, Inc. (now known as
WellPoint, Inc.) in the United States District Court for the
Southern District of Indiana.  Plaintiff seeks to have the Court
certify the case as a class action on behalf of all former Anthem
members who received shares of Anthem common stock as compensation
in the demutualization.  The lawsuit alleges that each former
mutual member in the proposed class received fewer shares of
Anthem common stock than they were legally entitled to receive.  A
companion lawsuit, Ormond v. Anthem, was filed in 2005 on behalf
of a class of the former mutual members who received cash
compensation in the demutualization, and who contend that they,
too, received less cash than they were legally entitled to receive
in the demutualization process.  That lawsuit was certified as a
class action by the same Court in September 2009.

On December 23, 2010, the Honorable Tanya Walton Pratt of the
United States District Court for the Southern District of Indiana
issued an order denying class certification "for now" on the basis
that Mr. Jorling is not typical of the proposed class with respect
to two of the claims alleged in the case and with respect to any
person who was covered by Anthem Insurance as part of an employer-
sponsored group health insurance benefit.  However, the Court
specifically stated that "the certification question may be
revisited" if the pleadings are amended or additional parties
intervene or are joined in the case.

If you received shares of Anthem common stock in connection with
Anthem's 2001 demutualization, you may be eligible to serve as a
class representative if you:

   1. Had Anthem insurance through an employer-sponsored group
insurance policy; or

   2. Were a member of Community Mutual Insurance Company
(Anthem's predecessor in Ohio) at any time from 1990 to 1995; or

   3. Were a member of Blue Cross & Blue Shield of Connecticut,
Inc. (Anthem's predecessor in Connecticut) at any time from 1990
to 1997.

If you wish to discuss the Jorling v. Anthem litigation or have
any questions, please contact:

         Cari Laufenberg, Esq.
         Jennifer Tuato'o, Paralegal
         1201 Third Avenue, Suite 3200
         Seattle, WA 98101-3052
         Telephone: (800) 776-6044
         E-mail: claufenberg@kellerrohrback.com

If you would like further information about the Ormond lawsuit,
please visit http://www.anthemcashclass.com/

BROOKLAND GREENS: Faces Class Action Over Remnant Methane Gas
Michael Randall, writing for Berwick Leader, reports Stevensons Rd
Landfill dominated Casey residents' psyches with worries over
remnant methane gas in the Brookland Greens Estate, a class action
by its residents and the wider impact the clean-up bill would have
on rates.

Mediation talks between Slater and Gordon, representing about 600
Brookland Greens residents, Casey Council and 11 other parties
broke down in October, leading to action that will see the case
heard in the Supreme Court in July.

Last July, resident Rachel McNamara -- whose home backs on to the
landfill -- told the harrowing story of her child's battle to
recover from brain surgery, while contractors toiled on mediation
works outside her bedroom.

The then ALP state government gave the council $20.5 million for
the works, but the Liberals trumped that, with the announcement of
an extra $17.3 million, just before the state election.

Cranbourne racing identities Sylvia and Eddie Laing bore the brunt
of remnant methane gas in their Powerscout Retreat home and were
forced into a rental property as the council struggled to extract
the gas.

The council decided to buy their property and provide compensation
in October.

Also during the year, Endeavour Hills resident Tricia Clarke led
the charge to keep rates low.

A planned 11.69% rate rise was held to 5.96% in August, at the
expense of the Casey Chiefs Rugby Club, which missed out on a
pavilion at its Casey Fields home.

BUCYRUS INTERNATIONAL: Being Sold to Caterpillar for Too Little
Courthouse News Service reports that mining equipment manufacturer
Bucyrus International is selling itself too cheaply to Caterpillar
through an unfair process, including a $200 million termination
fee, for $92 a share or $8.6 billion, Bucyrus shareholders claim
in Federal Court.

A copy of the Complaint in Impens v. Sullivan, et al., Case No.
10-cv-01179 (E.D. Wis.), is available at:


The Plaintiff is represented by:

          Eduard Korsinsky, Esq.
          William Scott Holleman, Esq.
          30 Broad Street, 15th Floor
          New York, NY 10004
          Telephone: (212) 363-7500
          E-mail: ek@zlk.com

               - and -

          Robert L. Elliott, Esq.
          633 W. Wisconsin Avenue, Suite 1001
          Milwaukee, WI 53203
          Telephone: (414) 225-9000

DIESEL USA: Removes "Labrador" Labor Complaint to N.D. Calif.
Megan Labrador, individually and on behalf of others similarly
situated v. Diesel U.S.A., Inc., et al., Case No. 10-505710
(Calif. Super. Ct., San Francisco Cty.), was filed on December 1,
2010.  The plaintiff, who was employed by defendants from
November 2004 to June 27, 2008, as a sales associate, accuses the
clothing designer and retailer of failing to compensate its
employees for all hours worked, non-payment of overtime wages,
failing to provide rest and meal periods, failing to pay all wages
due upon termination of employment, and failing to furnish
itemized wage statements, in violation of California's wage and
hour laws.

On the basis of original diversity jurisdiction, Diesel U.S.A.,
Inc., on January 3, 2011, removed the lawsuit to the Northern
District of California, and the Clerk assigned Case No.
11-cv-00014 to the proceeding.

The Plaintiff is represented by:

          Daniel L. Feder, Esq.
          332 Pine Street, Suite 700
          San Francisco, CA 94104
          Telephone: (415) 391-9476
          E-mail: danfeder@pacbell.net

The Defendant is represented by:

          Harry I. Johnson, III, Esq.
          Paul Rigali, Esq.
          ARENT FOX LLP
          555 West Fifth Street, 48th Floor
          Los Angeles, CA 90013-1065
          Telephone: (213) 629-7400
          E-mail: johnson.harry@arentfox.com

LERNER SAMPSON: Faces Class Action Over Frivolous Foreclosures
Tom Beres, writing for WKYC-TV, reports Ohio's former embattled
attorney general Marc Dann is taking on his first high-profile
lawsuit since a sexual harassment scandal forced him to resign
from the job in 2008.

Mr. Dann and co-counsel James Douglass on Tuesday filed a class-
action lawsuit against a law firm he says files frivolous

The lawsuit filed in Cuyahoga County Common Pleas Court claims the
debt collection firm -- Lerner, Sampson and Rothfuss -- doesn't
have the right to file foreclosures and has created incorrect

One of the plaintiffs is Phillip Turner, of Shaker Heights.  He
lost his job and he and his wife waged an expensive legal battle
to keep their house from foreclosure.

"Financially, it pretty much ruined us.  You feel victimized.  You
feek cheated," he said, after learning that the law firm bringing
the foreclosure may have cut corners in the complicated
foreclosure process to do so.

Mr. Dann said, "They are making millions of dollars.  They are
filing claims where they don't represent companies or investors
who hold the mortgage, where they manufacture documents in their
office that are inaccurate. . . .  It is a business arrangement by
nature causing intentional harm to these people."

He said the firm has filed an average of 4,500 foreclosures a year
in Cuyahoga County alone and also files them statewide.

He recommends that people who have been involved with the firm in
foreclosure actions have a lawyer or Legal Aid review their case.

Mr. Turner also claims he is doing this both to get compensation
for his expenses and to prevent others from suffering the same

Rick DeBlasis, a partner in the firm, said, "We have read the
suit.  It is completely groundless and mis-states the facts for
the purpose of sensationalism.  The actions of the employees of
this firm are well within the bounds of the law, ethical, and
properly authorized."

Messrs. Dann and Douglass hope to make this a statewide class-

Mr. Dann is rebuilding his personal and professional life after
being forced to resign as state attorney general.  He claims this
is the kind of case he enjoys working on.  He says he is glad to
be out of politics.

LEUCADIA NATIONAL: Judge Junks Bid to Dismiss Racketeering Suit
Daniel Fisher, writing for Forbes.com's Full Disclosure, reports
a federal judge in New York has rejected attempts by Leucadia
National and the debt-collection law firm Mel Harris & Associates
to dismiss a class-action lawsuit accusing them of a racketeering
scheme to obtain judgments in New York courts against unwitting
consumers around the country.

In the ruling issued Dec. 29, U.S. District Judge Denny Chin said
the plaintiffs could proceed with claims they were the victims of
a "sewer service" scheme in which process servers fraudulently
told the court they'd presented debt-collection papers to their
targets as required under the law.  The lawsuit on behalf of up to
100,000 borrowers claims lawyers at Mel Harris then used those
statements to obtain default judgments against the consumers and
threaten to garnish their wages or freeze money in their bank
accounts.  The customer for these services was Leucadia, a
financial-services firm that bought hundreds of thousands of
defaulted debt claims for pennies on the dollar and hired Mel
Harris to recover what it could.

The suit has echoes of the "robosigner" controversy over home
mortgages, but with important differences.  Mortgages are loans
secured by a physical property, so there's rarely any dispute over
what the homeowner owes and what the lender can seize if he
doesn't pay.

Leucadia was trying to collect on unsecured debt, where there is
no collateral and little recourse for the lender.  To get
judgments against the borrowers, the judge said, a single Mel
Harris employee named Todd Fabacher signed 40,000 affidavits
attesting to the accuracy of debt claims.

"Assuming 260 business days a year, Fabacher had to have
personally (and purportedly knowledgeably) issued an average of
twenty affidavits of merit per hour, i.e., one every three
minutes, over a continuous eight-hour day.

Mel Harris has drawn attacks from consumer advocates over its
debt-collection practices, which include filing more than 100,000
lawsuits in state courts around the country.  The Federal Trade
Commission has expressed concern about debt collectors who obtain
default judgments against consumers who were never told of the
lawsuit against them and never appeared in court.  The term "sewer
service" refers to the practice of throwing service papers in the
sewer but telling the court the target received them in person.

The judge dismissed RICO claims against individual employees of
the debt collection firms but allowed them to proceed against the
companies.  He also rejected an attempt by Mel Harris to claim it
isn't a debt collector under federal law, as well as its argument
statements it made in court were protected under the so-called
"litigation exception" preventing suits over statements in court

The class action is Monique Sykes vs. Mel Harris, 09-cv8-486

LOWER MERION: November Trial Set for 2007 Discrimination Suit
Richard Ilgenfritz, writing for Main Line Times, reports a
discrimination lawsuit filed July 30, 2007, is back on the dockets
after a judge set a new trial schedule after the recent breakdown
of mediation talks between the two parties.

The case, Blunt et al. vs. Lower Merion School District, is
returning to the trial pool in November.

Eight black families filed the suit in federal court in
Philadelphia claiming the district failed to provide an adequate
education for their children.  Lawyers from the Public Interest
Law Center of Philadelphia and DLA Piper are handling the case.

The plaintiffs have argued through previous court documents and
statements that the district has systematically denied African-
American students a proper education by putting them in classes
where the students were not significantly challenged and as a
result they were unprepared for the job market or for college once
they graduated from the Lower Merion School District.

Concerned Black Parents of Lower Merion and the NAACP Main Line
Branch were also involved in the initial suit filing.

"The district is essentially wrongly using its special-education
programs to resegregate their schools," Sonja Kerr, director of
the Law Center's Disabilities Rights Project, said in a statement.
"Teachers and other staff often have unfairly low expectations for
minority students, and they also often misperceive cultural
differences as disabilities.  What we hear from families is that
this has been going on for generations.  Those attitudes and
misunderstandings lead directly to the racial disparity you see in
Lower Merion schools.  LMSD has definitely been aware of this
problem since 1997 when it first created committees to address the
problem, but the system has not improved."

According to the schedule order put out by Judge Harvey Bartle
III, discovery will last until April 29.  The plaintiffs have
until May 31 to file and serve any reports of expert witnesses.
The district has until June 30 to file a response to the expert
witnesses.  Any motions for summary judgment or any other
dispositive motion -- a motion to end the case -- must be filed by
July 15.  A pretrial settlement conference will be held in

In 2009 Judge Bartle denied the plaintiffs class-action status in
the case.

"Each of the plaintiffs is disheartened that mediation failed and
the case will linger into a fourth year before going to trial to
amend these injustices," said Loraine Carter of Concerned Black
Parents.  "With each passing year, black students miss post-
secondary and career opportunities.  Clearly the federal court
must compel the LMSD to expedite school reform and ensure that its
entire staff is effectively trained in cultural proficiency --
something that will require more than a two- to five-hour
professional-development workshop.  Looking forward, we remain
hopeful that sustained change is imminent with the court's help."

              District's Response to Trial Scheduling

Issuing a statement Monday afternoon, school officials said they
do not believe the plaintiffs will be able show that the district
discriminated against the students.

"While the District shares the Plaintiffs' goal of ensuring that
every student is achieving and that every student receives the
appropriate supports, continued litigation of the Blunt case is
not the vehicle to achieve this outcome," school officials wrote
in a statement Monday afternoon.  "When this case was originally
filed, PILCOP was seeking systematic relief for perceived
inequities at LMSD.  Now that the Court has refused to certify
this case as a class action, the ability to secure any type of
systematic relief has been extremely limited.  Moreover, because
the Court has gutted most of the original claims from the lawsuit,
PILCOP will have to prove intentional racial discrimination to
prevail.  There is no evidence of intentional racial
discrimination and the general statistical data being assembled by
PILCOP does not prove intentional racial discrimination."

LMSD requested mediation last year so that resources could be
focused on improved outcomes for students rather than the demands
of protracted legal proceedings.  The mediation process followed a
ruling favorable to the District in 2009 that dismissed the
Pennsylvania Department of Education as a defendant, removed
various organizations from the Plaintiffs' case and refused to
certify the case as a class action.

Despite extensive, aggressive, ongoing efforts on the part of the
District to address achievement gaps, eight months of mediation
and continued setbacks to their case, the Plaintiffs have chosen
to prolong the matter -- and burden taxpayers with the associated
costs -- in the courtroom.

What is perhaps most frustrating to school community members is
PILCOP's continued practice of ignoring, dismissing and condemning
at every turn the District's commitment to improving student
achievement.  By any measure, the District has taken a leadership
role in the effort to close the achievement gap and will continue
to do so in the coming months and years.  LMSD is one of only a
handful of districts in Pennsylvania to include the "achievement
gap" as a primary focus of its strategic plan.

A full-text copy of the District's response, including examples of
the District's overall commitment to supporting the achievement of
African American students, is available at http://is.gd/k8Voffrom

MATCH.COM LLC: Sued Over Fraudulent Profiles on Dating Site
Courthouse News Service reports that a federal class action claims
Match.com keeps thousands of fraudulent or expired profiles on its
dating site, to mislead customers about their chances of finding a

A copy of the Complaint in Robinson, et al. v. Match.com, LLC, et
al., Case No.10-cv-02651 (N.D. Tex.), is available at:


The Plaintiffs are represented by:

          Roger F. Claxton, Esq.
          10000 N. Central Expressway, Suite 725
          Dallas, TX 75231-2351
          Telephone: (214) 969-9029
          E-mail: roger@claxtonlaw.com

               - and -

          Jeffrey M. Norton, Esq.
          Randolph M. McLaughlin, Esq.
          488 Madison Avenue
          New York, NY 10022
          Telephone: (212) 935-7400
          E-mail: jnorton@hfesq.com

               - and -

          David B. Lever, Esq.
          Howard B. Stolzenberg, Esq.
          Evan Spencer, Esq.
          303 Old Tarrytown Road
          White Plains, NY 10603
          Telephone: (914) 299-9191
          E-mail: dlever@lsnjurylaw.com

MECOX LANE: Pomerantz Law Firm Files Securities Class Action
Pomerantz Haudek Grossman & Gross LLP has filed a class action
lawsuit against Mecox Lane Limited and certain of its directors
and officers.  This class action is on behalf of investors who
acquired Mecox American Depositary Shares traceable to the
Company's October 26, 2010 initial public offering.

If you are a shareholder who purchased Mecox securities, you have
until February 1, 2011 to ask the Court to appoint you as Lead
Plaintiff for the class.  A copy of the complaint can be obtained
at http://www.pomerantzlaw.com/

To discuss this action, contact:

          Rachelle R. Boyle
          Telephone: 888-476-6529 (ext. 237)
          E-mail: rrboyle@pomlaw.com

Those who inquire by e-mail are encouraged to include their
mailing address and telephone number.

The Claims

The Company operates China's leading online platform for apparel
and accessories as measured by revenues in 2009, offering a wide
selection of fashion products through its e-commerce website and
physical store network.

In connection with the Company's IPO, Defendants failed to
disclose at the time of the IPO that: (1) it was already
foreseeable that Mecox would not be able to achieve results for
the third quarter of 2010 that were in line with either historical
growth trends or defendants' guidance; (2) the Company had already
experienced disappointing results for the third quarter of 2010,
including a significant decline in gross margins that were
adversely impacted by increased costs and expenses; (3) defendants
had not conducted an adequate due diligence investigation into
Mecox; (4) the Company lacked adequate internal and financial
controls; and (5) as a result of the above, the Company's
financial statements were materially false and misleading at all
relevant times.

On November 29, 2010, Mecox disclosed disappointing financial
results for the third quarter of 2010, including a decline in
gross margins of almost 400 basis points year-over-year, a 20.4%
increase in Selling, General and Administrative expenses, and a
19.8% increase in Operating expenses.  These increases were
driven, in part, by an 11.6% increase in marketing expenses and a
40.2% increase in competition and benefits expenses.  As a result
of the disclosures, Mecox ADS declined $6.73 or more than 57% over
two trading days.

This lawsuit has been filed in the Southern District of New York,
(Civil Action No.: 11-cv-034).  Claims asserted arise under
Sections 11, 12(a)(2) and 15 of the Securities Act of 1933.

The Pomerantz Firm -- http://www.pomerantzlaw.com/-- concentrates
its practice in the areas of corporate, securities, and antitrust
class litigation.  The firm has offices in New York, Chicago and
Washington, D.C.

NEW BALANCE: Faces Class Action Over Toning Shoes
Jenn Abelson, writing for The Boston Globe, reports Boston sneaker
maker New Balance is facing charges in a new class-action lawsuit
that it falsely represented the physical benefit of its popular
toning shoes that promise consumers a tighter butt and legs.

The lawsuit, filed on Monday in U.S. District Court in Boston, is
seeking damages in excess of $5 million on behalf of a California
woman, Bistra Pashamova, and other people who have allegedly been
harmed by New Balance.

"[Pashamova] was exposed to and saw New Balance's advertising
claims, purchased New Balance toning shoes in reliance on these
claims, and suffered injury in fact and lost money as a result,"
the lawsuit said.

Ms. Pashamova and her attorney did not return messages seeking
comment.  New Balance also could not be reached on Tuesday.

New Balance, which last year launched a multi-million dollar
toning shoe campaign, is one of several major sneaker companies
that are facing class action lawsuits from consumers in recent
months.  Toning shoes are designed with an unstable sole so leg
muscles have to work harder to maintain balance during everyday

They are the fastest growing segment in the footwear industry and
sales were expected to soar last year to roughly $1.5 billion.

But a growing number of consumer complaints and a study last
summer by the nonprofit American Council on Exercise found that
toning shoes failed to live up to claims made by manufacturers.
Some reports of injuries have also raised concerns that the shoes,
which costs roughly $100 a pair, could be doing more harm than

New Balance has promoted its toning shoes with claims that they
increase muscle activation by at least 27 percent and increase
calorie burn by up to 10 percent with each step using either a
rounded of flexible spring sole.  Ms. Pashamova, in the lawsuit,
is demanding that New Balance "halt the dissemination of this
false and misleading advertising message, correct the false and
misleading perception New Balance has created in the minds of
consumers, and to obtain redress for those who have purchased any
New Balance toning shoes."

New Balance spokeswoman Amy Dow, in a previous interview with the
Globe, defended the company's sneakers.

"Having tested our products with hundreds of consumers in the lab
and field combined, we are confident that increased muscle
activation occurs when wearing our toning footwear," Ms. Dow said.

NORTHWEST PIPE: Fraud Claims Added in Shareholders' Class Action
Aaron Corvin, writing for The Columbian, reports investors in
Northwest Pipe Co. have updated their class action lawsuit against
the Vancouver-based steel pipe manufacturer, adding allegations of
wrongdoing and fraud by former and current company executives.

The new claims build on a suit first filed in December 2009, when
shareholders accused Northwest Pipe of making "false and
misleading" statements that inflated the company's stock.  At the
time, the pipe maker had said that it would have to restate past
financial reports.  The company finally filed those belated
documents in November 2010, and used them to more fully explain
why it had overstated its profits by tens of millions of dollars.
The company pointed to a lack of internal financial controls, a
failure of communication and other procedural hiccups.

But the updated shareholders' class action lawsuit paints a darker
picture of why the company was plunged into an internal
investigation of its accounting methods that saw it stop regularly
talking to investors and ultimately led it to restate several
years' worth of financial statements.

The updated lawsuit, re-filed on Dec. 20 in U.S. District Court in
Tacoma, levels new allegations, including that former and current
company executives deliberately misled shareholders about when
revenue was recognized, manipulated the assignment of costs to
make unprofitable contracts look profitable and pressured plant
managers to order steel before it was needed in order to inflate
quarterly revenue.

The company's restatement of its financial information "was not
due to simple mathematical errors or honest misapplication or
oversight of complex accounting standards," wrote San Francisco
attorneys Eli Greenstein and Christopher Wood, who are
representing shareholders.

Messrs. Greenstein and Wood may be reached at:

          Eli Greenstein, Esq.
          Christopher M. Wood, Esq.
          Post Montgomery Center
          One Montgomery Street, Suite 1800
          San Francisco, CA 94104
          Telephone: (415) 288-4545
          E-mail: elig@rgrdlaw.com

Reached by phone Monday, George Mernick, the Washington, D.C.,
attorney who is leading the defense of Northwest Pipe, said he
will file a motion to dismiss by the Feb. 3 deadline.  He declined
to comment further on the allegations against the company.

Mr. Mernick may be reached at:

          George H. Mernick, III, Esq.
          Columbia Square
          555 Thirteenth Street, NW
          Washington, DC 20004
          Telephone: 202-637-5726
          E-mail: george.mernick@hoganlovells.com

Those allegations are based, in part, on first-hand accounts of
confidential witnesses who are former employees of Northwest Pipe,
according to the lawsuit.  The suit names three defendants: former
chief executive and president Brian Dunham, chief financial
officer and senior vice president of finance Stephanie Welty and
the company itself.  It demands compensatory damages, in an amount
to be proven at trial, and other costs, including attorneys' fees.

The updated lawsuit -- led by Plumbers and Pipefitters Local Union
No. 630 Pension-Annuity Trust Fund -- is the latest challenge to
Northwest Pipe, which manufactures large-diameter, high-pressure
steel pipelines, primarily for drinking water systems.  The
company has 1,100 full-time workers and owns several manufacturing
plants, including in Oregon, Colorado, California, West Virginia,
Texas and Utah.

Although the company's major manufacturing operations are located
elsewhere, its headquarters in Vancouver -- which employs about 50
people and houses the accounting and executive offices -- looms
large in the company's accounting woes, according to the lawsuit.

Attorneys allege that Northwest Pipe's "premature ordering of
steel to inflate revenues" and the "resulting accumulation of
unneeded steel" was in large part due to the company's decision to
"centralize the procurement of steel in the company's headquarters
-- giving ultimate authority to Dunham."

Before steel orders were centralized in Vancouver, the company's
plants ordered their own steel and, at the company's Adelanto
facility in California, for example, "the steel was used quickly,"
resulting in less inventory at any one time.  However, when the
Vancouver headquarters took over the purchase of steel, the
Adelanto plant's inventory of unused steel "skyrocketed . . .,"
according to the lawsuit.

While Northwest Pipe was allowed to recognize revenue when
materials such as raw steel entered the manufacturing process,
attorneys allege the company implemented the "fraudulent practice"
of recognizing revenue when such materials were purchased.  This
practice was "well known throughout the company" and the company's
employees "raised their concerns with the company's senior
management, only to be rebuffed."

As a result of this "improper revenue recognition," the lawsuit
contends, reported net sales were "overstated by tens of millions
of dollars."  Attorneys also allege Dunham and Welty were
motivated to engage in such practices because a major portion of
their annual compensation was "directly tied" to the company's
financial performance, including specifically the company's net
income.  Had the company issued "honest" financial results, the
lawsuit alleges, "defendants' bonus compensation would have been
significantly reduced, if not eliminated."

As a result of Northwest Pipe's actions, the company "caused tens
of millions of dollars of losses" to shareholders who had
purchased stock at prices inflated by the accounting misdeeds,
attorneys allege.

Problems first emerged at Northwest Pipe in November 2009, when
the company announced it had delayed its third-quarter earnings
report until it could resolve an internal investigation of
accounting matters.

More challenges

In addition to the class-action lawsuit, the company faces other
challenges, which it reported in 2010:

    * On March 16, Northwest Pipe said in a regulatory filing that
it was the subject of an investigation by the U.S. Securities and
Exchange Commission and that it would "cooperate fully."

    * On May 17, the company announced it was unable to timely
file its third and fourth quarterly earnings reports, its annual
report for 2009 and its quarterly earnings report for the period
ending March 31.  This news put it at increased risk of being
removed from the Nasdaq stock exchange.

    * On July 30, the company disclosed through the SEC that it
had overstated its profits by $37 million to $47 million over the
course of a number of years.

    * On Oct. 8, the company said Dunham had resigned as
president, more than six months after he stepped down as chief
executive.  Richard Roman, CEO since April, became president, too.

On Nov. 4, Northwest Pipe finally brought itself up to speed with
financial reports, releasing its 2009 annual report, along with
other restated financial reports going back to 2007 and more
recent results.  In its 2009 annual report, the company listed its
challenges but also said it was taking steps to improve financial
controls and that it was confident in its ability to do business.
On Nov. 23, the company held its first earnings conference call in
more than a year.

The company reported a return to third-quarter profitability, with
a gain of $693,000, or 7 cents per share, for the period ended
Sept. 30.  That compares with a loss of $5.5 million, or 59 cents
per share, for the same period a year ago.  "We're glad to be back
talking to people again," Mr. Roman said during the earnings call.

VODAFONE GROUP: Taskforce to Fix Network After Legal Threat
Ben Grubb, writing for The Sydney Morning Herald, reports Vodafone
has set up "a number of taskforce teams" to try to fix network
problems following a class action legal threat in which about 9000
customers have expressed an interest in joining.

Sydney law firm PiperAlderman last month sought disgruntled
Vodafone customers to press a class action over dropped calls, bad
reception and poor data performance.

On Wednesday, it posted an update on its site saying that
approximately 9000 Vodafone customers had registered their

"In the next five to ten business days, we will be sending group
members a request for further information relating to their
specific circumstances," it said.  "Upon receipt of this
information, we will process it and take the matter forward."

Vodafone has faced customer backlash over thousands experiencing
poor service over the past few months.

The company initially blamed software bugs and argued that there
were no serious problems with its network.  However, just before
Christmas, its CEO, Nigel Dews, issued an apology.

In it, Mr. Dews reminded customers of plans to "significantly"
upgrade the Vodafone network.

In a blog post on Tuesday, the company's director of customer
service and experience, Cormac Hodgkinson, said Vodafone had set
up "a number of taskforce teams" that were "working to continue to
resolve the current network issues which have been affecting some

Mr. Hodgkinson also said Vodafone was "monitoring and testing the
network across the country to evaluate its performance".

"While signs are encouraging, there are some customers who may not
be experiencing these benefits as yet, and we will continue our
program of work to ensure that customers see improvements over

Between January and March, Mr. Hodgkinson said, the company would
be upgrading approximately 141 sites which transmit signals to
mobile devices.

"These improvements focus on areas where there is either high
traffic where capacity is a priority (which will help with data
performance) or in areas where coverage is a priority (which will
help with general coverage)," Mr. Hodgkinson said.

SALSA CYCLES: Recalls 6,500  Salsa Handlebar Stems
The U.S. Consumer Product Safety Commission, in cooperation with
Salsa Cycles, a subsidiary of Quality Bicycle Products, of
Bloomington, Minn., announced a voluntary recall of about 6,500
Salsa Handlebar Stems.  Consumers should stop using recalled
products immediately unless otherwise instructed.

The handlebar stems can crack or break, posing a fall hazard to
the rider.

Salsa Cycles has received one report of a handlebar stem breaking
that resulted in minor injuries.

This recall involves all CroMoto S.U.L. 25.4 and 26.0 threadless
handlebar stems and all CroMoto S.U.L. 26.0 quill handlebar stems
sold as individual aftermarket units after April 1, 2010.  The
handlebar stems are black and have the word "Salsa" painted on the
extension.  The recalled handlebar stems have a hash mark on the
inside of the stem bar clamp area.  Pictures of the recalled
products are available at:


The recalled products were manufactured in Taiwan and sold through
bicycle retailers and websites from April 2010 through October
2010 for about $65.

Consumers should stop riding bicycles containing these handlebar
stems immediately and contact an authorized Salsa Bicycles dealer
for a free inspection and a handlebar stem replacement or a full
refund.  For additional information, contact Quality Bicycle
Products toll-free at (877) 774-6208 between 8:00 a.m. and 6:00
p.m., Central Time, Monday through Friday or visit their Web site
at http://www.salsacromotostem.com/

UNITEDHEALTH GROUP: SPDR(R) Funds Receive Settlement Payments
The SPDR(R)S&P 500 ETF Trust and the Health Care Select Sector
SPDR Fund on Tuesday disclosed receiving payment as an authorized
claimant from a class action settlement related to UnitedHealth
Group Inc.

The total amount payable to each Fund is listed below.  When the
Funds calculate their net asset value ("NAV") per share on
Wednesday, January 5, 2011, it is estimated that each Fund's NAV
will be impacted by the receipt of the corresponding payment in
the amount stated below based on the shares outstanding as of
January 3, 2011.

                Settlement   Outstanding as of    Per Share
  Fund             Payment     January 3, 2011       Amount
  ----          ----------   -----------------    ---------
500 ETF Trust
(ticker: SPY)   $2,754,178         716,682,116      $0.0038

Health Care
Select Sector
(ticker: XLV)     $437,724          87,465,324      $0.0050

State Street manages more than $235 billion in SPDR ETF assets
worldwide (as of December 31, 2010) and is one of the largest ETF
providers in the US and globally.

State Street Global Advisors is the asset management business of
State Street, a provider of financial services to institutional

* Attorney Generals Expect Foreclosure Settlements with Banks
Margaret Cronin Fisk and Prashant Gopal, writing for Bloomberg
News, report that the five largest loan servicers, including Bank
of America Corp. and JPMorgan Chase & Co., may be the first to
settle with the 50 state attorneys general probing foreclosure
practices, Iowa Attorney General Tom Miller said.

No settlements have been reached yet, Mr. Miller said Jan. 3 in a
phone interview.  The other three are Citigroup Inc., Wells Fargo
& Co. and Ally Financial Inc., said Mr. Miller, the leader of the
50-state investigation.  The five have 59% of the U.S. market, Mr.
Miller said.

"What we're looking at is five separate agreements with the five
largest servicers," Mr. Miller said. "We're still a ways away"
from reaching agreements, he said.  "We're working very hard to
figure out what should be in the settlement."

All 50 U.S. states are investigating whether banks and loan
servicers used false documents and signatures to justify hundreds
of thousands of foreclosures.  The probe, announced Oct. 13, came
after JPMorgan and Ally Financial's GMAC mortgage unit said they
would stop repossessions in 23 states where courts supervise home
seizures, and Bank of America, the largest U.S. lender, froze
foreclosures nationwide.

Tom Kelly, a spokesman for JPMorgan in New York, declined to
comment.  Shannon Bell, a spokeswoman for New York-based
Citigroup, declined to comment.  Gina Proia of Detroit-based Ally
declined to comment.  Shirley Norton, a spokeswoman for Charlotte,
North Carolina-based Bank of America, declined to comment.

Teri Schrettenbrunner, a spokeswoman for San Francisco-based Wells
Fargo, declined to comment, saying it was premature since no
agreement has been reached.

Probe Widens

The probe has since widened to include other mortgage practices,
with attorneys general suggesting a potential resolution should
include improving the loan modification process, barring
foreclosures when people are modifying loans and creating a
general fund to compensate homeowners who may have been victims of
wrongful foreclosures.

Mr. Miller said the attorney-general group has had at least one
face-to-face meeting with representatives from all five of the
largest banks, along with "follow-up phone calls."

The group will reach individual settlements rather than a global
agreement with the servicers, he said.

"It won't be the same document for everybody," he said. "There are
differences in the companies and in performances."

'Not Criminal'

The group isn't pursuing a criminal investigation, Mr. Miller
said. "Our focus is to reform the servicing process and that's
inherently civil, not criminal," he said.

In an interview last week, Mr. Miller said the group might
consider matters including whether servicers are charging
borrowers appropriate fees.

"We hear stories far too often of it taking months before
servicers get back to people, or they lose documents and that they
don't modify a loan when it makes sense," Miller said last week.

The 50-state group "offers one of the most promising avenues to
increasing loan modification and servicer accountability that we
have seen so far," said Paul Leonard, California director for the
nonprofit Center for Responsible Lending in Durham, North

He said the group would act more independently than Congress or
federal regulators because of the influence of industry lobbyists
in Washington.

"The attorneys general come at this with a fresh eye," Leonard
said in an interview yesterday. "They can assess and make changes
that they feel necessary."

* Securities Class Action Filings in Ninth Circuit Declines
Timothy T. Scott, Esq., at King & Spalding LLP, writing for The
Metropolitan Corporate Counsel, reports that in the last five
years, the trends in the filing of securities class actions have
resulted in a decline in filings in the Ninth Circuit, which
formerly was the epicenter of securities class action litigation,
and an increase in filings in the Second Circuit.  More recently,
as that trend toward filing in the Southern District of New York
reverses itself and more actions are filed in the Ninth Circuit
again, the jurisprudence of the Ninth Circuit becomes an
increasingly important consideration in drafting corporate
disclosures for public companies.  A series of recent Ninth
Circuit decisions have reversed course from prior Ninth Circuit
pronouncements regarding the safe harbor provisions of the Private
Securities Litigation Reform Act and loss causation in ways that
impact issuer drafting strategies.

In In re Cutera Securities Litigation, 610 F.3d 1103 (9th Cir.
2010), the Ninth Circuit held that the safe harbor provisions of
the Private Securities Litigation Reform Act protect even
statements made with actual knowledge of their falsity.  This
decision was a dramatic departure from dicta in No. 84 Employer-
Teamster Joint Council Pension Trust Fund v. American West Holding
Corp., 320 F.3d 920, 937 n. 15 (9th Cir. 2003), which stated that
a "strong inference of actual knowledge" of falsity could exempt
forward-looking statements from the safe harbor of the Reform Act.
In Cutera, the court unequivocally characterized this statement as
dicta and held that the defendant's state of mind is not relevant
to the determination of whether the defendant's statements are
protected by the safe harbor afforded by meaningful cautionary
statements.  The court may, however, have signaled in a footnote
its approval of a different approach to statements made with
actual knowledge of falsity, i.e., acceptance of the statutory
safe harbor protection, but with an intense focus on whether the
company's risk factors constitute "meaningful cautionary language"
in the context of a knowingly false statement.  See Cutera at 1113
n. 5.

The benefits afforded by the safe harbor provisions as interpreted
by Cutera are substantial and should be a focal point of any
corporate disclosure strategy.  As an initial matter, extreme care
should be taken to satisfy the first requirement of the safe
harbor, the identification of forward-looking statements as such.
More complex and difficult, the potential scrutiny regarding the
sufficiency of the "meaningful cautionary language" accompanying
such forward-looking statements suggests that practitioners should
take heed of the Second Circuit opinion in Slayton v. American
Express, 604 F.3d 758 (2d Cir 2010).  That court found that
"boilerplate" risk factors that were not specific, that did not
change over time, and that were not tailored to the forward
looking statements which they accompanied were not "meaningful
cautionary statements" and thus did not protect the company's
forward-looking statements.  Practitioners should therefore take
particular care to revise their client's risk factor warnings with
every filing, constantly updating them with a quantitative as well
as qualitative date relevant to the particular quarter and the
particular forward-looking statements being made at the time.  At
the same time, it is not critical that every risk factor be
repeated in every filing.  Ninth Circuit law is clear that the
safe harbor does not require that the cause of a market decline be
previously identified as a risk factor in the companies' filings.
Rather than including every risk factor, it is more important that
the risks that are described are described adequately and that
they relate to the forward-looking statement that they accompany.

A similar change of course has taken place in the Ninth Circuit
regarding loss causation.  In Metzler Investment GMBH v.
Corinthian Colleges, Inc., 540 F.3d 1049 (9th Cir. 2008), the
Ninth Circuit rejected the "materialization of the risk" theory of
loss causation.  That theory, accepted by the Second Circuit,
holds that if the alleged fraud resulted in a disappointing
revenue or earnings miss, the stock drop resulting from the
revenues or earnings miss constitutes a "materialization of the
risk" sufficient to satisfy loss causation requirements.  In
Metzler, the Ninth Circuit found that because a release announcing
an earnings miss did not reveal or otherwise attribute the miss to
alleged enrollment fraud, it did not satisfy loss causation
principles.  In In re Gilead Securities Litigation, 536 F.3d 1049
(9th Cir. 2008), decided almost simultaneously as Metzler, the
court seemed to decide just the opposite.  It found that a stock
decline following a disappointing earnings announcement served to
establish loss causation with respect to an allegation of off-
label promotion that was revealed by an FDA warning letter six
weeks prior.  While the court suggested that the six-week delay in
the market reaction was a question of fact, the real basis of its
holding was the "materialization of the risk" theory of loss
causation; i.e. , that the off-label marketing generated a demand
that dissipated upon issuance of the FDA's warning letter, thereby
resulting in the disappointing earnings announcement.  The tension
between Metzler and Gilead was recently resolved by the Ninth
Circuit in In re Oracle Securities Litigation, 2010 WL 4608794
(9th Cir. November 16, 2010), which reaffirmed Corinthian and
expressly rejected the materialization of the risk theory of loss
causation.  Metzler, the court reasoned, requires that "the market
learn[] of a react[] to the practices the plaintiff contends are
fraudulent." It expressly rejected plaintiffs' assertion that loss
causation can be proven by the market's "react[ion] to the
purported 'impact' of the alleged fraud -- the earnings miss --
rather than to the fraudulent acts themselves."

The Ninth Circuit's rejection of the "materialization of the risk"
theory of loss causation is significant to the preparation of
corporate disclosures both prior to and after any revenue or
earnings disappointment.  First, at its heart, loss causation as
articulated by the Ninth Circuit is comprised primarily of a
comparison of earlier disclosures with the disclosures that
precipitate a market disappointment.  This approach suggests the
importance of the drafter's intimate familiarity of his or her
client's prior disclosures.  While this would seem self-evident,
it is actually a difficult goal to accomplish, particularly for
the in-house counsel who is privy to the day-to-day operations of
the client.  With such daily exposure, it becomes difficult to
distinguish what has been disclosed and discussed publicly from
what has been kept internal to the client.  Second, the Ninth
Circuit's view of loss causation places a premium on the adequacy
and accuracy of the factual investigation leading to the
disclosure of the disappointment.  Simply announcing a revenue or
earnings miss without attributing such a miss to any causes is not
acceptable to the market, yet that attribution will likely define
whether or not the plaintiffs in the upcoming securities
litigation will be able to plead and prove loss causation.  It is
absolutely critical that the investigation leading to the causal
attribution be thorough and accurate and that the drafter of the
client's disclosure not simply accept the easiest or most obvious
explanation.  This is particularly true where the miss is
attributable to intervening events.  The resulting disclosure
should be fulsome; it should disclose both the positive and
negative events leading to the miss, and it should not simply be
retrospective but should include the impact of the miss on future
quarters (with appropriate safe harbor cautionary language) as
well as how the company intends to avoid a similar miss in those
future quarters (with the same cautionary language).

King & Spalding is a full-service, international law firm with
offices in the United States, Europe, the Middle East and Asia.
With more than 800 lawyers and offices in Abu Dhabi, Atlanta,
Austin, Charlotte, Dubai, Frankfurt, Geneva, Houston, London, New
York, Paris, Riyadh (affiliated office), San Francisco, Silicon
Valley, Singapore and Washington, D.C., the firm continues to
provide the legal counsel to clients from the United States and
abroad.  King & Spalding represents half of the Fortune 100 and,
according to a Corporate Counsel survey in August 2009, ranks
fifth in its total number of representations of those companies.
The firm also represents hundreds of clients with new ventures and
mid-sized companies in emerging industries.

Contact: Timothy T. Scott, Esq.
         KING & SPALDING
         333 Twin Dolphin Drive, Suite 400
         Redwood Shores, CA 94065
         Telephone: (650) 590-0700
         E-mail: tscott@kslaw.com

                        Asbestos Litigation

ASBESTOS UPDATE: Parker Resident Sentenced to 40-Day Jail Term
Colorado Attorney General John Suthers said an Elbert County
District Court judge has sentenced 46-year-old Michael Merit of
Parker, Colorado, to 40 days in jail for his role in contributing
to the release of asbestos into the air by misleading state
officials and forging lab results, according to a Colorado AG
press release dated Dec. 20, 2010.

Mr. Merit's sentence follows his September 2010 guilty plea to
causing or contributing to a hazardous substance incident, a
class-four felony.

According to the indictment, handed down in April 2010, Mr. Merit
falsely claimed to be a certified asbestos inspector between
Nov. 1, 2007 and Jan. 30, 2008, to obtain work in connection with
the demolition of a mobile home park in Elizabeth, Colo.  Once
hired by the demolition company, he performed the wrong tests to
determine if asbestos was present in the mobile homes.

Mr. Merit then delivered the forged test results to the demolition
company, which used them to apply for a demolition permit from the
Colorado Department of Public Health and Environment.

In addition to the 40 days imprisonment, Mr. Merit also will be
required to pay US$5,000 into the Colorado Department of Public
Health and Environment's Environmental Crimes Investigation fund,
which is used to test materials during the investigation of
environmental crimes.

The Office of the Attorney General investigated Mr. Merit and
secured its indictment and Mr. Merit's sentence with the
assistance of the Colorado Environmental Crime Task Force, the Air
Quality Unit of the Colorado Department of Public Health and
Environment, and the Environmental Protection Agency's Criminal
Investigation Division.

ASBESTOS UPDATE: Shreve, Webster Lawsuits Filed in St. Clair Cty.
On Nov. 22, 2010, Claudia Gail Shreve filed a complaint against 68
defendant companies on behalf of her deceased husband, Kenneth L.
Shreve, while Harold Webster filed a complaint against 65
defendant companies on behalf of his recently deceased brother,
Gerald Webster, The Madison/St. Clair Record reports.

Both lawsuits were filed in St. Clair County.  Randy L. Gori, Esq.
-- Randy@Gorijulianlaw.com -- and Barry Julian, Esq. --
Barry@gorijulianlaw.com -- at Gori, Julian and Associates in
Edwardsville, Ill., represent Mrs. Shreve and Mr. Webster.

In her complaint, Mrs. Shreve alleges the defendant companies
caused Mr. Shreve to develop lung cancer after his exposure to
asbestos-containing products throughout his career.

According to the complaint, Mr. Shreve worked as a member of the
Plumbers Local 653 and worked as a pipefitter at Shell Oil, as a
pipefitter at Hartford Refinery from 1988 until 1994 and as a
pipefitter at Exxon-Shell from 2000 until 2002.

In his complaint, Harold Webster alleges the defendant companies
caused his brother to develop lung cancer after his work through
the Ironworkers Local 167 from 1969 until 2002.

In her 10-count complaint, Mrs. Shreve seeks economic damages of
more than US$200,000, a judgment of more than US$150,000,
compensatory damages of more than US$100,000 and unspecified
punitive and exemplary damages.

In his 10-count complaint, Harold Webster seeks economic damages
of more than US$200,000, a judgment of more than US$150,000,
unspecified punitive and exemplary damages and compensatory
damages of more than US$100,000.

ASBESTOS UPDATE: Union Carbide, Others Seek Reforms in Madison
Several defendants in asbestos cases filed in Madison County,
Ill., including Union Carbide Corporation, Riley Stoker,
CertainTeed Corporation, Ford Motor Co., Maremont Corporation,
General Electric and ArvinMeritor Inc. urged Circuit Judge Barbara
Crowder to curtail the county's role as a litigation magnet, The
Madison/St. Clair Record reports.

On Dec. 20, 2010, they proposed radical revision of a management
order that has governed the county's asbestos docket since 2004.

Robert Shultz of Edwardsville, Ill., filed the proposal for the
companies.  He wrote that plaintiffs filed 455 asbestos suits in
Madison County in 2007, 639 in 2008, 814 in 2009, and 738 in 2010.

The motion states that asbestos claims accounted for 57% of suits
seeking more than US$50,000 in 2009, and 59% in 2010.  Mr. Shultz
supplied figures showing three Madison County mesothelioma suits
for every mesthelioma diagnosis in Illinois.  He wrote that out of
state plaintiffs can guarantee themselves a trial slot within
seven to 10 months of filing.

From Nov. 1, 2010 to Dec. 1, 2010, defendants took depositions in
86 cases, and that from them, seven of the plaintiffs lived or
worked in Madison County.  Depositions took place in California,
Texas, Ohio, Nebraska, Wyoming, Michigan, South Carolina,
Colorado, Nevada, Arizona, New York, Idaho and Oregon, Shultz

Mr. Shultz also pleaded for access to records of plaintiffs in
bankruptcy trusts.  He wrote that disclosure would increase
transparency and prevent the possibility or perception of improper
or double recoveries.  He wrote that in other jurisdictions,
plaintiffs filed inconsistent exposure allegations in the trust
and tort systems to inflate their potential recovery.

Mr. Shultz wrote that the circuit court of Kanawha County, W.Va.,
adopted an order requiring statements of existing claims against
bankruptcy trusts.  He wrote that a plaintiff there must provide
proof of claim along with work histories, medical records,
depositions, testimony and other supporting materials.

ASBESTOS UPDATE: Cooperative Group Fined for Safety Violations
The Manchester Minshull Street Crown Court penalized Co-operative
Group Ltd. for exposing its employees and shoppers to asbestos,
the Manchester Evening News reports.

Co-operative Group bosses took no immediate action despite being
told there was brown asbestos in the ceiling when they took over
the shop in Market Square, Royton, Manchester, England.

The Court was told a subcontractor sent in to fit a fire alarm
smashed a hole in one of the asbestos panels with a hammer.  Two
female shop workers cleaned up the mess he had made and left the
debris in an open bag at the rear of the store for two weeks.
Asbestos debris was found on top of a food cabinet and inside a
freezer three months later.

Prosecuting for Oldham council, Lisa Judge, said, "Staff and
members of the public were potentially exposed to asbestos."

Manchester-based Co-operative Group Ltd. admitted one offense
under the Health and Safety At Work Act 1974.  SF Fire Protection
Services Ltd., the West Yorkshire-based sub-contractor, admitted
two offenses under the same act.

The Court heard asbestos was found in a survey when the shop was
owned by United Co-operative stores in 2002.  It was said Co-
operative Group Ltd was made aware of the survey when it took over
the shop in 2007, but no action was taken.

The Company warned SF Fire Protection Services asbestos was
present but failed to tell it the exact location when the alarm
was fitted in November 2007.

Judge Peter Lakin fined Co-operative GBP30,000 and ordered it to
pay more than GBP7,360 costs.  He fined SF Fire Protection
Services GBP6,000 for each offense -- a total of GBP12,000.

Judge Lakin also ordered the firm to pay more than GBP7,360 costs.

ASBESTOS UPDATE: U.K. Govt. to Give GBP5,000 Payout to Victims
Campaigners welcomed a change in a United Kingdom Government
ruling that will provide GBP5,000 in compensation payments to
families of asbestos victims, The Northern Echo reports.

Next of kin will now receive GBP5,000 as long as an application
for compensation was submitted the death of the pleural plaques

Ministers had refused to make posthumous payments and campaigners
in the region, where the legacy of heavy industry like ship
building meant there were many sufferers, accused them of penny
pinching.  However, the Government has now had a change of heart.

The TUC Asbestos Support and Campaign Group, based in Wallsend,
England, was one of the groups that lobbied ministers to do right
by asbestos victims and their families.

Northern TUC Regional Secretary Kevin Rowan said, "It has taken
some considerable time and much struggle for pleural plaques
victims to persuade Government to introduce a compensation scheme
for illnesses that have clearly been entirely as a result of their
exposure to asbestos, entirely down to their employers'

However, the Government is still refusing to give compensation if
a sufferer dies without making an application to the scheme.  The
scheme will make payments if someone diagnosed as having pleural
plaques submitted an application for compensation before Oct. 17,

In 2007, the House of Lords decided that automatic payouts should

ASBESTOS UPDATE: Court OKs $3.6MM for Cleanup of Encycle/ASARCO
The U.S. Bankruptcy Court approved US$3.6 million for the
demolition of 50 buildings, silos and storage tanks and for the
removal of asbestos at the Encycle/ASARCO plant in Corpus Christi,
Tex., Mesothelioma.com reports.

The Encycle/ASARCO plant is a former zinc smelting and commercial
waste management site.  The Austin-based Energy Renewal Partners
may begin preparing the site for demolition later in December

Before any demolition can take place, asbestos must be removed to
prevent creating an environmental hazard.  Should demolition take
place with asbestos still present, asbestos fibers could be
released into the air and inhaled by workers and the surrounding

Water sprayers and tarps will be used to control and isolate
demolition dust, and wrecking balls and explosives will not be
used.  Once demolition has been completed, contaminated soil also
will be removed from the site.

According to the agreement between the bankruptcy trustee and
Energy Renewal Partners, the project deadline is May 29, 2013 and
seven general use buildings will not be demolished, but rather
offered for sale once demolition of the other structures is

                          About Asarco LLC

Based in Tucson, Arizona, ASARCO LLC -- http://www.asarco.com/--
is an integrated copper mining, smelting and refining company.
Grupo Mexico S.A. de C.V. is ASARCO's ultimate parent.

ASARCO LLC filed for Chapter 11 protection on August 9, 2005
(Bankr. S.D. Tex. Case No. 05-21207).  Attorneys at Baker Botts
L.L.P., and Jordan, Hyden, Womble & Culbreth, P.C., represented
the Debtor in its restructuring efforts.

On December 9, 2009, Grupo Mexico, S.A.B., consummated the Chapter
11 plan that it sponsored for Asarco LLC.  The Plan, which was
confirmed both by the bankruptcy and district courts, reintegrated
Asarco LLC back to parent Grupo Mexico concluding the four-year
Chapter 11 proceeding.

Bankruptcy Creditors' Service, Inc., publishes ASARCO Bankruptcy
News.  The newsletter tracks the Chapter 11 proceeding undertaken
by ASARCO LLC and its various affiliates.
(http://bankrupt.com/newsstand/or 215/945-7000)

ASBESTOS UPDATE: Travelers to Pay $445MM for Asbestos Settlements
U.S. Bankruptcy Court Judge Burton Lifland, on Dec. 16, 2010,
ordered The Travelers Companies, Inc. to pay at least US$445
million into claims funds set up by a 2004 asbestos settlement,
ClaimsJournal.com reports.

The funds were set up to resolve a number claims brought in state
courts over asbestos liability for the Johns Manville Corp., which
made asbestos-containing product that Travelers began insuring in
the 1940s.

In this latest decision, Judge Lifland said the amount owed by
Travelers may rise, too.  There is still the pending questions of
whether interest must be added -- a legal question which Judge
Lifland vowed to take up in the next few months if Travelers and
the plaintiffs cannot come to an agreement through a mediator.

The settlement was reached in 2004 between Travelers and groups of
plaintiffs who had sued the insurer in state courts for asbestos-
related claims.  Bankruptcy had been a major sticking point in the
asbestos litigation.

Johns Manville declared bankruptcy in 1982, and in 1986, a federal
bankruptcy court barred lawsuits against the insurer for asbestos

Despite the ruling, at least 26 different state lawsuits were
filed.  The 2004 settlement called for Travelers to pay at least
US$445 million into three different claims funds that would handle
asbestos-related payments.  The settlement also released the
insurer from future lawsuits related to those claims.

However, Travelers never paid, and more legal complications
followed when Chubb Corporation sued Travelers over asbestos
settlements.  More legal battles led to a June 2009 ruling by the
Supreme Court that essentially affirmed the US$445 million

Judge Lifland ruled that Travelers has been legally obligated to
pay the US$445 million since the Supreme Court's decision that
total may be subject to interest.

A copy of Judge Lifland's Memorandum Decision dated December 16,
2010, is available at http://is.gd/j2Jacfrom Leagle.com.

ASBESTOS UPDATE: Miss. DEQ Probes Possible Breaches at Lafayette
The Mississippi Department of Environmental Quality is checking
what authorities believe is an illegal dump in Lafayette County,
Miss., after asbestos was found there, The Associated Press

The asbestos was found in the rubble of several condemned duplexes
that were dumped and buried on property.  The Oxford Eagle reports
that MDEQ sent a letter to the property owner, ordering him to
stop dumping at the site and to come to Jackson for a hearing on
Dec. 29, 2010.

Lafayette County Solid Waste manager Bobby Jones said the property
was being used as a dump for five old condemned duplexes that were
torn down and dumped on the property.

ASBESTOS UPDATE: 7 Former Hardie Directors Cleared in ASIC Claim
The Australian reports seven former James Hardie Industries SE
directors including Meredith Hellicar, Michael Brown, Michael
Gillfillan, Martin Koffel, Dan O'Brien, Greg Terry and Peter
Willcox have won an appeal against the Australian Securities and
Investments Commission, with a court on Dec. 17, 2010 clearing
them of having breached the Corporations Act.

ASIC had taken the directors and other Company executives to
court, saying they had approved a draft announcement to the ASX in
February 2001 that related to the establishment of a foundation to
cover asbestos claims.  While the foundation was set to be "fully
funded," it later turned out to be underfunded to the tune of
about US$1 billion.

Chief Justice James Spigelman said the proceedings on appeal were
"lengthy and complex."  However, he said ASIC "did not prove that
the resolution was passed" and said ASIC had failed to call a key
witness "whose role was such that there was a significant
probability that he had relevant knowledge."

Former James Hardie chief executive Peter MacDonald was the only
defendant to accept an earlier judge's ruling.  He has been banned
from managing a company for 15 years and was ordered to pay
AU$350,000.  Hardie was not successful in its appeal and was
ordered on Dec. 17, 2010 to pay 90% of ASIC's legal costs.

Former general counsel Peter Shafron was partially successful in
his appeal.  The court's decision will be a blow to ASIC, which
has lost several major court cases in recent years.

ASBESTOS UPDATE: Quincy Off the Hook for Abatement at Mall Site
The state of Massachusetts said the city of Quincy will not have
to pay for increased costs tied to asbestos discoveries at the
Quincy Fair Mall demolition site, one of which a city official
said should have been detected by a pre-work inspection, The
Patriot Ledger reports.

Project costs potentially doubled after contractor J.R. Vinagro
began tearing down the building in the summer of 2010.  Crews
found asbestos-containing tiles hidden under a false floor in a
shuttered movie theater in the building.

Officials said it is not uncommon for asbestos to go undetected in
screenings when hidden under false floors.  However, an Oct. 29,
2010 discovery of asbestos in floor tiles of the former motor
vehicle registry building was considered less forgivable.

The state Department of Transportation, which is building a
concourse road through Quincy Center using federal stimulus money,
has yet to pay J.R. Vinagro for the Oct. 29, 2010 work.

All contaminated material has been trucked off the site to a
hazardous-material disposal site in Ohio.  Before the state took
the job over as a stimulus project in 2009, the city was funding
and building the roadway.  It hired the pre-demolition asbestos
inspector for the project, CBI Consulting Inc. of Boston, which
the state retained.  CBI hired a subcontractor, Tetra Tech Rizzo
of Framingham, to do asbestos inspections.

A CBI representative, Wayne Lawson, referred all questions on the
project to the state Department of Transportation.

Richard Nangle, a spokesman for the department, said an extra work
order was produced for the October 2010 asbestos find, but that it
would not be clear what it will cost until the end of December

Mr. Nangle did not confirm that the state had refused to pay for
any work but did say the city would not be held responsible for
cost overruns despite hiring the pre-demolition inspector.

About 3,000 tons of asbestos material was removed from the site.
The removal was monitored by the state Department of Environmental
Protection, and regular air quality monitoring was performed.  The
concourse project is funded through a US$8.1 million federal
stimulus grant.  Of that, US$500,000 was for demolition work.

The first asbestos discovery is thought to have added US$700,000
to US$1 million to the demolition cost.  A final cost would not be
known until the tons of material disposed of and cleaned are

Officials have said the stimulus award can absorb all cost
overruns tied to asbestos discovery, which is common in older
buildings such as the Quincy Fair Mall, which dates to 1940.

ASBESTOS UPDATE: Vukoja Family Seeks Help in Compensation Claim
The family of Anton "Tony" Vukoja, of St. Albans, Hertfordshire,
England, is appealing for anyone who may have worked with him to
come forward, the Brimbank Weekly reports.

Mr. Vukoja worked at the former Firestone tire factory in Sunshine
between 1970 and 1980.  His family, including granddaughter Melita
Maraldo, believe he was exposed to asbestos as part of his work as
a laborer mixing tire rubber.  She said it was his dying wish that
others be alerted to the possible danger.

Mrs. Maraldo said her grandfather's health deteriorated quickly
ahead of his death in February 2010 at the age of 70.  Mr. Vukoja
was diagnosed with lung cancer at the start of 2010, with doctors
believing his work contributed to his death.

Asbestos lawyer Margaret Kent, of Slater & Gordon, said the firm
would like to hear from those who worked at the factory or knew
about its work, as part of an investigation into an asbestos
compensation claim.

Mrs. Maraldo believes some of her grandfather's old workmates
might also be suffering ill health.  She wanted to alert them to
the possible threat, as well as seek justice for her grandmother.

ASBESTOS UPDATE: Schuderer's Family Awarded $1MM Payout in N.Y.
The family of Richard Schuderer, who died following exposure to
asbestos, was awarded US$1 million by a New York jury,
LawyersandSettlements.com reports.

The Schuderer family filed a wrongful death lawsuit, after Mr.
Schruderer died as a result of mesothelioma in June 2009.  Other
asbestos lawsuits have been filed against various companies,
alleging injury to people who were exposed to asbestos throughout
their employment.

Mr. Schruderer worked on tugboats for about 35 years and was
exposed to asbestos when he repacked valves and fabricated
gaskets.  A jury found that John Crane, Inc., the company that
manufactured the gaskets, was 60% responsible for Mr. Schruderer's
death. Other defendants had already settled with the Schruderer

ASBESTOS UPDATE: Aussie Ex-Teacher Aide Files Compensation Claim
In a recent lawsuit filed in Queensland, Australia, a former
teacher aide seeks compensation after being exposed to asbestos
during the 1980s and developing mesothelioma, Asbestos.com

During the time, the unidentified teacher aide was working at
Shailer Park State Pre-School in 1983, the school was undergoing
renovations to meet enrollment demands.  Throughout the
construction, classes continued even though the presence of
asbestos had been confirmed.

The former teacher is now in her 60s.  Others who may have been
present at the time of the construction in 1983 have been
encouraged to register in an asbestos database.

ASBESTOS UPDATE: Halifax Inquest Rules on Former Cleaner's Death
An inquest at a court in Halifax, West Yorkshire, England, ruled
that the death of Lesley Shirley, a retired cleaner, was related
to secondary exposure to asbestos, the Hebden Bridge Times

Mrs. Shirley's parents worked at the Cape Asbestos factory, Old
Town.  She died of mesothelioma.  The inquest also learned the
disease also caused the death of her brother.

The siblings' parents had worked at Acre Mill, as spinners during
the 1950s and 1960s.  The children were exposed to asbestos at
Christmas parties held in the factory's canteen.  There was no
evidence Mrs. Shirley had encountered the mineral during her own

Mrs. Shirley was diagnosed with malignant mesothelioma in 2007.
She died aged 57 at her home in Master Lane, Halifax, on April 7,
2010.  Her older brother, who had moved to the USA, died aged 47
from the same disease.

Coroner Roger Whittaker recorded a verdict of death by industrial

ASBESTOS UPDATE: Abatement at Pearson Middle School Costs $390T
The estimated cost to abate asbestos at the Pearson Middle School
in Winsted, Conn., would be US$390,000, the Republic American

Mystic Air Quality Consultants Inc. in Groton wrote to town
officials on Dec. 10 that it recommends all floor tile and mastics
in the entire school, totaling 68,000 square feet, be removed and
replaced.  The floor tiles have exceeded their life expectancy and
have failed in a number of locations.

The consultant added that two classrooms have been sealed off
until the asbestos can be abated and throw rugs have been used to
cover damaged tiles in a number of areas, which is not an
acceptable method of abatement.  Replacement costs an extra

The Board of Selectmen voted unanimously on Dec. 20, 2010 to give
the School Building Committee authorization to spend US$175,000 to
abate as much of the asbestos as possible.

ASBESTOS UPDATE: Navistar Int'l. Still Subject to Exposure Cases
Navistar International Corporation is subject to an increase in
the number of asbestos-related claims in recent years, according
to the Company's annual report filed on Dec. 22, 2010 with the
Securities and Exchange Commission.

In general, these claims relate to illnesses alleged to have
resulted from asbestos exposure from component parts found in
older vehicles, although some cases relate to the alleged presence
of asbestos in the Company's facilities.

In these claims, the Company is not the sole defendant, and the
claims name as defendants numerous manufacturers and suppliers of
a wide variety of products allegedly containing asbestos.

Headquartered in Warrenville, Ill., Navistar International
Corporation is an international manufacturer of International
brand commercial and military trucks, IC Bus brand buses,
MaxxForce brand diesel engines, Workhorse Custom Chassis brand
chassis for motor homes and step vans, and Monaco RV recreational
vehicles, as well as a provider of service parts for all makes of
trucks and trailers.

ASBESTOS UPDATE: Esterline Subject to Potential Asbestos Actions
Esterline Technologies Corporation is subject to potential
liabilities relating to certain products it manufactured
containing asbestos, according to the Company's annual report
filed on Dec. 21, 2010 with the Securities and Exchange

To date, the Company's insurance has covered claims against it
relating to those products.  Commencing Nov. 1, 2003, insurance
coverage for asbestos claims has been unavailable.  However, the
Company continues to have some insurance coverage for exposure to
asbestos contained in its products prior to that date.

Headquartered in Bellevue, Wash., Esterline Technologies
Corporation is a specialized manufacturing company principally
serving aerospace and defense customers.  The Company designs,
manufactures and markets highly engineered products and systems
for application within the industries it serves.

ASBESTOS UPDATE: Joy Global Still Involved in Liability Actions
Joy Global Inc. and subsidiaries are involved in various
unresolved legal matters that arise in the normal course of
operations, the most prevalent of which relate to product
liability (including over 1,000 asbestos and silica-related
cases), employment, and commercial matters.

Headquartered in Milwaukee, Joy Global Inc. manufactures and
services high productivity mining equipment for the extraction of
coal and other minerals and ores.  Its equipment is used in major
mining regions throughout the world to mine coal, copper, iron
ore, oil sands, and other minerals.

ASBESTOS UPDATE: Tipping Widow Gets GBP95,000 in Asbestos Payout
Mary Tipping, a pensioner, received GBP95,000 in damages from
British Rail after her husband, Charles Tipping, died as a result
of exposure to asbestos at work, This is Wiltshire.co.uk reports.

Mrs. Tipping, of Highworth, England, lost Mr. Tipping to
mesothelioma in February 2010.  Mr. Tipping, who died at the age
of 91, had worked for the Great Western Railway in Swindon from
1932 to 1965.

The claim was brought by the Tipping family's solicitor, Brigitte
Chandler of law firm, Charles Lucas & Marshall and a specialist in
asbestos claims.

Mr. Tipping was exposed to asbestos in a number of shops in the
railways.  He was the third generation of his family to work at
British Rail and all three family members are mentioned in the
railway museum's list of past employees.

After completing his apprenticeship, Mr. Tipping went on to work
in several railway sheds where steam pipes were lagged with
asbestos and where boilers, covered in thick white asbestos, came
in for repair.  He was regularly in contact with boilers, pipes
and cylinder which were covered in asbestos.

ASBESTOS UPDATE: Crestmoor Community in Calif. Cleared of Hazard
Traces of asbestos have been found in the air of a San Bruno,
Calif. site, but according to the county environmental health
department, the amounts were not large enough to be considered
dangerous to residents' health, Mesothelioma.com reports.

Asbestos and hazardous metals have been found in the debris left
by a fire that ripped through the San Bruno, Calif., Crestmoor
neighborhood on Sept. 9, 2010.  Of course, there are scientists
and health specialists that believe no amount of asbestos exposure
is safe.

Crews finished demolishing the burnt houses two months ago, and
the county's environmental health department wants to dispel any
fears that the Crestmoor neighborhood is still contaminated with
toxic substances.  Ignoring asbestos contamination would create
tremendously hazardous situation, as prolonged asbestos exposure
is the primary cause of mesothelioma.

Dean Peterson, the director of the county's environmental health
department said, "If we had not gone in as quickly as we did to
clean that material up, then I would say, absolutely, there would
still be an ongoing issue with contamination.  But when you clean
up the source, you're not adding to that contamination.  That's
really what we did."

ASBESTOS UPDATE: Inquest Links Cheshire Worker's Death to Hazard
An inquest heard that the death of 65-year-old Philip Watkiss, a
former heating engineer from Bollington, Cheshire, England, was
related to workplace exposure to asbestos, the Manchester Evening
News reports.

Mr. Watkiss died in July 2010 at East Cheshire Hospice.  His
widow, the 57-year-old Jacqueline Watkiss, seeks legal advice to
see if anyone is to blame for his death.

At the inquest, Mrs. Watkiss told coroner Michael Wallbank, "We
were always shouting at him for smoking as we had no idea -- you
just don't think about asbestos."

Mr. Watkiss did an apprenticeship at Ellesmere Engineering as a
boiler and central heating engineer, where he was exposed to
asbestos on pipework in service ducts.

In March 2008, an X-ray showed shadowing round the lungs,
indicating emphysema and bronchial carcinoma.  In 2009, a CT scan
showed he had lung cancer, which was spreading to his liver and
bones and he was given chemotherapy and radiotherapy.  He was told
his cancer was not curable but was treatable and in April he
stopped treatment at The Christie.

Coroner Mr. Wallbank said, "Mr. Watkiss was exposed to asbestos up
until 1969."  He recorded that he had died of the industrial
disease of lung cancer due to exposure to asbestos, contributed to
by cigarette smoking.

ASBESTOS UPDATE: Asbestos at Bull Savannah Still to be Removed
Two years after official confirmation of its existence of asbestos
at an abandoned building in Bull Savannah, St. Elizabeth, Jamaica,
South East St Elizabeth, asbestos is yet to be removed, the
Jamaica Observer reports.

The man at the forefront of the effort to have the potential
cancer-causing construction material taken away, councilor for the
Junction Division, Cetany Holness (JLP) is very frustrated.

The asbestos is said to be present in walls and roof of the old
police station in Bull Savannah which was abandoned in 2005
following a strategic switch of police personnel to nearby

Addressing the issue at a recent parish council meeting in Black
River, Mr. Holness questioned whether about "about six deaths"
from cancer-related illnesses close to the old police station in
recent years could be related to the asbestos taint.  He told the
Observer West that the situation had grown critical since vandals
were at work in the building and there was evidence of the
structure falling apart.

After being alerted to the presence of asbestos by a returning
resident, Carroll Elliot, who also claims "asbestos is all over St
Elizabeth," Mr. Holness, acting through the parish council called
in the Government's environmental watchdog, NEPA (National
Environment and Planning Agency) in 2008. The latter confirmed the
existence of the hazardous material and wrote letters to relevant
agencies and personalities including the National Security
Ministry and Member of Parliament, Frank Witter recommending its

An estimate by a waste disposal agency placed the cost of safe
removal and disposal at JMD2.355 million but two years on, no
money has been granted for the project.

Mr. Holness is awaiting a positive response from the Prime
Minister's Office after the parish council sent a letter in
November requesting funds.  Another approach to the National
Health Fund was met with a recommendation that a request be made
to the CHASE Fund instead.

ASBESTOS UPDATE: Reservoir Resident Seeking Payout From Goodyear
John Melissinos in Reservoir, Victoria, Australia, a 72-year-old
dying from asbestosis, is reaching out to his former Thomastown
Goodyear tire factory colleagues to help expose the toll of unsafe
work practices, the Preston Leader reports.

Mr. Melissinos, through lawyers Slater and Gordon, is pursuing
compensation from Goodyear Dunlop Tyres 25 years after he left the
business. While working at the Thomastown tire factory from 1975
to 1985, he said he was unknowingly exposed to and inhaled high
quantities of asbestos.

Mr. Melissinos said he believed the worst exposure occurred while
he was removing and applying asbestos lagging to steam pipes and
oil tanks and during the tire-manufacturing process.

Daughter Poppy Marino said his health had deteriorated
significantly since being diagnosed with asbestosis in 2000.
Slater and Gordon lawyer Claire Setches said that by 1978, the
dangers of asbestos were well known and so far there was no
indication Goodyear Dunlop did anything to change its use of
asbestos products in its tire-manufacturing process.

Ms. Setches said Slater and Gordon lawyers had set up a Thomastown
Goodyear Dunlop asbestos register for former employees to contact

In a prepared statement, Goodyear Dunlop said it had recently
received an initial statement of claim for proceedings started by
Mr. Melissinos.

ASBESTOS UPDATE: EPA Releases Results on Tests at Zonolite Site
The U.S. Environmental Protection Agency announced test results
for asbestos contamination of public land along the South Fork of
Peachtree Creek on Dec. 9, 2010.

A removal site evaluation has been conducted at the Site by EPA in
response to an agency wide initiative to investigate vermiculite
facilities that received vermiculite ore from the W.R. Grace
vermiculite mine in Libby, Mont.  The Site, also referenced as the
"GAO 144 site" was the former location of a vermiculite expansion
(or, exfoliation) plant.

The expansion plant operated from 1950 until 1970 and between 499
and 1,225 tons of vermiculite concentrate from the W. R. Grace
vermiculite mine in Libby were shipped to the GAO 144 site.

Historical aerial photographs indicate that demolition of most the
facility buildings was conducted in phases beginning sometime
between 1960 and 1968 and ending sometime between 1988 and 1993.
While some of the Site is paved, much of the remaining portion of
the Site is either sparsely vegetated or heavily wooded.

During the Spring of 2010 (March 24, 25, and 30; and April 15) EPA
and EPA's contractor conducted activity-based air sampling (ABS)
and bulk material sampling at the Site.  The objective of the
field effort was to evaluate potential human exposure risk from
disturbance of materials potentially contaminated with asbestos.

Of the four ABS events, three rounds did not yield detectable
concentrations of asbestos in the air samples collected.  The only
detection of asbestos in any ABS air sample -- at the detection
limit of the analytical technique -- was for an air sample
associated with ABS Round 1, collected in the area that appeared
somewhat elevated above the surrounding terrain (the "plateau"

The preliminary analytical results for all bulk samples indicated
either non-detect or trace (present but below levels that can be
quantified) quantities of asbestos, except for two samples that
reported low percentage levels of Libby amphibole asbestos (0.5%
and 0.75%).  These samples were also collected in the plateau

A Site visit was conducted on Oct. 20, 2010 with iEPA's national
Asbestos Technical Review Workgroup.  Included in the input
provided by the visiting group was a recommendation to conduct
visual confirmation of the presence/absence of vermiculite below
land surface in the soil plateau and surrounding areas.

On Nov. 12, 2010 and again in December 2010, EPA and EPA's
contractor conducted further investigation of the plateau area,
including the taking of additional bulk samples.  Further action
will be based on the results of this sampling event.

ASBESTOS UPDATE: Asbestos Mine at Netaji Ka Bara, India Reopened
Even after an India-wide ban on the mining of asbestos, one such
mine has been allegedly revived and is flourishing at the Netaji
Ka Bara in Udaipur district, The Times of India reports.

After complaints from the Rajasthan State Mines Labour Union
(RSMLU), the Mines Labour Protection Campaign (MLPC) has called up
various officials of the mines department but are still awaiting

According to Rooplal Vadera, a villager who used to work in the
mines before it was officially closed, "I know the mine.  It is an
asbestos mine.  I used to work in it, along with other villagers
from my area, like Lalu Ram, Ram Lal as this was our only means of
livelihood.  It had been closed.  But since the past three months
work has resumed."

Mining of asbestos has been banned in the country due to its
harmful effects on the human body.

Shocked by the developments the MLPC got into the act.  Rana
Sengupta, managing trustee of MLPC, said, "We are concerned
because of the harmful effects that the mines may cause to people
working in it.  On one hand the state government is not taking any
initiative in healing workers afflicted with asbestosis while on
the other no measure is being taken by it to close illegal mines."

The MLPC intervened into the matter as its representatives had
been to Jhadole in Udaipur for showing solidarity with mines
workers who were on a dharna and were demanding that their medical
test reports done by the National Institute of Occupational Health
(NIOH) be made public.

ASBESTOS UPDATE: Deleon Awaits Sentencing for Asbestos Breaches
The sentencing hearing for 41-year-old Albania Deleon, a recently
extradited North Andover, Mass., woman facing up to 230 years in
prison, has been postponed to January 2011, the Eagle-Tribune

Ms. Deleon spent 19 months as a fugitive after her 2008 federal
conviction on 28 different counts involving her Methuen-based
asbestos removal training school.  Since her October 2010
apprehension in the Dominican Republic, she has faced a sentencing
hearing in U.S. District Court.

That hearing, scheduled for Dec. 9, 2010, was rescheduled for
Jan. 20, 2011 at 2 p.m.  The hearing was originally scheduled for
Nov. 22, 2010.  She is being held while awaiting sentencing.

The reasons for moving the hearings are scheduling conflicts
between attorneys, according to Christina DiIorio-Sterling,
spokeswoman for the U.S. attorney's office.

Dominican Republic officials picked up Deleon on Oct. 31, 2010,
and eventually extradited her.

ASBESTOS UPDATE: Asbestos Claims in New South Wales Still Rising
The recent figures from the New South Wales Dust Diseases Board
revealed that payouts for mesothelioma are continuing to increase,
ABC News reports.

The Board grants no-fault compensation to workers who contracted a
dust disease, so that if they die their dependents can be
supported.  It paid out AU$75 million in the last financial year.

The Dust Diseases Board reports that the most common and deadly
asbestos disease, mesothelioma, has risen for the third year in a
row.  There were 64 cases in 1992, but in 2010 there were 145.

The Board was set up 80 years ago to help workers with silicosis
but asbestos diseases now make up 90% of its work.  The Dust
Diseases Tribunal, which hears cases involving negligence, is
receiving 300 to 400 asbestos claims annually.

ASBESTOS UPDATE: Hazard at Mt. Umunhum's Vicinity to be Removed
The San Jose Mercury News reports that the Midpeninsula Regional
Open Space District still needs to secure US$13.1 million to clear
toxic debris, like asbestos, left over from an air station and to
repave the five-mile road in the vicinity of Mount Umunhum,
Calif., The Associated Press reports.

After being off limits for three decades, Mount Umunhum could be
open to the public over the next few years for access to panoramic
views of Monterey Bay and San Francisco.

The district, which owns the land, was scheduled to vote on the
plan for reopening the former home of Almaden Air Force Station.
The 3,500-foot-high mountain is about 26 miles south of San Jose.

Under the plan, Mount Umunhum would be open for permit-only access
in two years, and full public access would be possible by 2016.  A
final vote on the plan is expected in 2011.

ASBESTOS UPDATE: Riverhead, N.Y Still to Hire Removal Contractor
The town of Riverhead, N.Y., is attempting to rid its town of a
long-time eyesore, but has had trouble lining up a contractor to
remove asbestos from the property at an affordable price, the
Mesothelioma Resource Center reports.

According to Riverheadlocal.com, the town of Riverhead will
solicit bids for the third time to award a contract for asbestos
abatement at the former Weeping Willow motel.  The town hopes to
demolish the structure and develop the land as part of a
riverfront greenbelt.

The West Main Street property was purchased by the town in 2009
for US$1.2 million, the community website reported.

The New York state Community Preservation Fund provided US$500,000
toward the purchase price because the site is one of 150 parcels
in the Wading River corridor that the state has identified as
environmentally significant.

The preservation fund is funded by the collection of two-percent
taxes on land transfers in local communities.

ASBESTOS UPDATE: No Unsafe Asbestos Found at Ambler's Tap Water
The Pennsylvania Department of Environmental Protection, in
conjunction with Ambler Borough, completed a study to test for
potential asbestos fibers in the local water supply, finding no
unsafe presence of asbestos in the tested tap water, the
Montgomery Media reports.

The results of the study were presented at the Community Advisory
Group's Dec. 1, 2010 meeting by its Health, Environment, Risk &
Safety workgroup.

The study was prompted by citizen concerns that the water supplied
to homes by the Ambler Borough Water Department may contain
asbestos fibers that could potentially enter the water from the
area's asbestos sites or from asbestos piping.  The department
provides water to customers in a 6.5-square-mile area encompassing
Ambler Borough and sections of Lower Gwynedd, Upper Dublin,
Whitemarsh and Whitpain townships.

In the study, Water Department Supervisor Philip Benigno collected
tap water samples at four homes connected to the Ambler water
system Nov. 8, 2010.  The four homes were located in the Ambler
section of Lower Gwynedd, the Ambler section of Whitpain, the Fort
Washington section of Upper Dublin and the Fort Washington section
of Whitemarsh, according to the report.

According to the report, in three of the samples, no fibers longer
than 0.5 microns were detected, and the concentration of fibers
was less than the detection limit of 0.09 million fibers per

According to state maximum contaminant levels, water is allowed to
have up to seven million fibers of asbestos per liter.

In the fourth sample, one fiber longer than 0.5 microns suspected
to be chrysotile asbestos was detected, according to the report.
However, upon reanalysis, the presence of the fiber could not be

With these results showing asbestos concentrations far below the
maximum contaminant levels, the PADEP determined the samples meet
drinking water standards.

About one-third of the Ambler Water Department's pipes are made of
asbestos, but none of those pipes service downtown Ambler,
according to Ambler Councilman Peter Amento.  He pointed out the
use of asbestos pipes is not limited to Ambler but is used for
water distribution all over the country.

ASBESTOS UPDATE: Dist. Ct. Plan Hearing in Leslie Controls Case
CIRCOR International, Inc., on Dec. 23, 2010, announced an update
on the timing of the Chapter 11 bankruptcy proceedings of its
Leslie Controls, Inc. subsidiary.

In its Oct. 28, 2010 press release, the Company announced
bankruptcy court confirmation of the Leslie Controls
reorganization plan and indicated that it was targeting Leslie's
emergence from bankruptcy for the fourth quarter of 2010, pending
required affirmation of the reorganization plan by the U.S.
District Court.

While the Company had hoped the District Court review would occur
during the fourth quarter, the District Court has scheduled the
hearing for January 2011.

At the hearing, the District Court will review the Section 524(g)
asbestos trust aspects of the reorganization plan and consider
appeals lodged by certain of Leslie's insurers.  Upon entry of a
District Court order of approval and absent a stay pending any
further appeals, Leslie and the Company would fund the Section
524(g) asbestos trust once various closing conditions are
satisfied and the reorganization plan becomes effective.

Leslie's emergence from bankruptcy and distributions from the
trust to claimants would not occur, however, until any subsequent
appeals from the District Court's order are favorably resolved.

The Company and Leslie believe that the pending and any subsequent
appeals are, and would be, without merit.

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
headquartered in Burlington, Mass.

ASBESTOS UPDATE: Court Affirms Board's Decision in Lykins Action
The U.S. Court of Appeals for Veterans Claims upheld a Sept. 12,
2008 ruling of the Board of Veterans' Appeals, which denied Wesley
Lykins' claim for entitlement to service connection for a
respiratory condition/lung cancer, to include as secondary to
asbestos exposure.

The case is styled Wesley Lykins, Appellant v. Eric K. Shinseki,
Secretary of Veterans Affairs, Appellee.

Judge William A. Moorman entered judgment in Case No. 08-3798 on
Oct. 26, 2010.

Mr. Lykins served on active duty in the U.S. Navy from March 1952
to July 1955.  According to his statements, while on active duty
he was exposed to asbestos while serving aboard ship.  In April
2004, he filed a claim for entitlement to service connection for
"lung & breathing problems/cancer."

In October 2004, a VA regional office (RO) denied Mr. Lykins'
claim for service connection.  In March 2006, Mr. Lykins requested
a review of his claim.  In support of his claim, he submitted
letters from three private physicians.

Mr. Lykins also submitted a February 2004 letter from another
private physician, Dr. LaRocca.  A letter from a third private
physician, Dr. Rea, was also dated February 2004.

In March 2008, the Board remanded Mr. Lykins' claim with
instructions for the RO to obtain an opinion from a pulmonary
examiner as to whether Mr. Lykins' condition was as likely as not
related to exposure to asbestos while on active duty.  In April
2008, a VA physician provided a medical opinion.  The examiner
noted that Mr. Lykins was diagnosed with "[chronic obstructive
pulmonary disease] (Emphysema)" and "Squamous
Cell Carcinoma of the Lung with local paratracheal advancement;
stage IIIB."

The examiner also opined that there was no objective evidence to
support an asbestos-related condition.  The examiner noted that
Mr. Lykins had been diagnosed with "non-small cell carcinoma
(adeno, squamous or large cell carcinoma) of the lung, initially
felt to probably be adenocarcinoma, but definitively diagnosed as
squamous cell carcinoma type."  The physician stated that the
predominant cause of both small cell and non-small cell lung
carcinoma is smoking.

In its September 2008 decision, the Board reviewed the evidence
and concluded that the VA medical opinion was most probative on
the issue of nexus between Mr. Lykins's respiratory condition/lung
cancer and his military service.  Based upon this conclusion, the
Board denied Mr. Lykins' claim.  This appeal followed.

The Board's Sept. 12, 2008 decision was affirmed.

ASBESTOS UPDATE: N.C. Appeals Court OK'd Ruling in Kingston Case
The Court of Appeals of North Carolina affirmed the ruling of the
Rockingham County Superior Court, which ruled against Lyon
Construction, Inc. and PMA Insurance Group (Respondents) in an
asbestos case filed by Carl Benton Kingston.

The case is styled Carl B. Kingston, Petitioner v. Lyon
Construction, Inc. and PMA Insurance Group, Respondents.

Judges Linda Stephens, Robert C. Hunter and Robert N. Hunter, Jr.
entered judgment in Case No. COA10-193 on Nov. 2, 2010.

Mr. Kingston was exposed to asbestos while employed by Lyon
Construction from 1994 until 2000.  In 2006, he was found to have
pleural mesothelioma.  On Oct. 24, 2009, he filed a workers'
compensation claim against Lyon Construction and its workers'
compensation insurance carrier, PMA Insurance.  Respondents filed
an Industrial Commission Form 61 denying the claim on Dec. 1,

The matter was heard by Deputy Commissioner George T. Glenn II on
Jan. 28, 2008.  On June 26, 2008, Deputy Commissioner Glenn
entered an Opinion and Award in favor of Mr. Kingston awarding
indemnity compensation in the amount of US$730 per week and
related medical benefits.  The Full Commission heard Respondents'
appeal on 10 December 2008.  In an Opinion and Award entered Feb.
3, 2009, the Full Commission affirmed Deputy Commissioner Glenn's

During the pendency of the proceedings in Mr. Kingston's workers'
compensation claim, he pursued tort claims against a number of
manufacturers of asbestos products.  His claims against several of
the manufacturers were settled.  On June 5, 2009, he filed a
motion in Rockingham County Superior Court for determination of
Respondents' lien.

Mr. Kingston sought reduction or elimination of Respondents'
potential lien due to the severity of his illness and the
inability of the third parties, several of whom were in
bankruptcy, to adequately compensate him for his injury.  When the
motion was heard on July 20, 2009, documents reflecting Mr.
Kingston's settlements with third parties were admitted into
evidence under seal.

On July 30, 2009, Respondents filed a motion to introduce newly
discovered evidence.  Respondents alleged that a newly discovered
document concerning Mr. Kingston's action against third parties
conflicted with evidence he presented at the hearing.

On Sept. 14, 2009, the trial court entered separate written orders
(1) denying Respondents' motion to introduce newly discovered
evidence and (2) reducing Respondents' lien to zero.  Respondents
filed notice of appeal from the trial court's orders on 21 October

Accordingly, the Appeals Court concluded that the trial court did
not abuse its discretion in reducing Respondents' lien to zero.

Wallace and Graham, P.A., by Michael B. Pross, Esq., represented
Mr. Kingston.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Rebecca L.
Zoller Esq., and M. Duane Jones, Esq., represented PMA Insurance
and Lyon Construction.

ASBESTOS UPDATE: Court Partially Grants Waters' Dismissal Motion
The U.S. District Court, Eastern District of Michigan, Southern
Division, granted in part Waters & Kraus, LLP's motion to dismiss
for lack of personal jurisdiction a lawsuit involving asbestos.

The case is styled Patricia King, as Personal Representative of
the Estate of Pauline Ridenour, Patricia King, Michael Krinkie,
and Kevin Ridenour, Plaintiffs v. Wallace John Ridenour, Jr., Gary
D. Morgan, Waters & Kraus, LLP and Judy Messing Struble,

U.S. District Judge Stephen J. Murphy, III entered judgment in
Case No. 10-cv-11739 on Oct. 28, 2010.

This action involved claims for legal malpractice and breach of
contract against Waters & Kraus, LLP, a Dallas-based law firm,
with offices in Baltimore, Los Angeles, and San Francisco.
Plaintiffs had also asserted various other claims against the
other defendants.

Pauline Ridenour resided in Michigan.  She died intestate on July
14, 1999 from mesothelioma caused by second-hand contact with
asbestos.  Her son, Wallace Ridenour (a defendant in this case),
was appointed personal representative of Pauline's estate by the
Michigan probate court.  Wallace decided to file a wrongful death
action on behalf of the estate.

On Aug. 23, 1999, Wallace entered into a retainer agreement with
the Law Offices of Roger G. Worthington, P.C. in Dallas for the
purposes of filing a lawsuit on behalf of Pauline's estate.  On
Oct. 19, 1999, Wallace and his siblings (Plaintiffs in this
action) signed an addendum to the retainer agreement stating that
Worthington was associating with Waters on the wrongful death
action, and that the children agreed to the terms of the original
retainer agreement with Worthington.

The children also agreed that the attorneys would communicate
solely with Wallace on all matters regarding the action, that
Wallace would have full authority to settle any claims, and that
the attorneys would disburse proceeds for any settlement equally
to all children.

On Jan. 5, 2000, Waters filed a lawsuit in a Texas state court
against many asbestos-related defendants on behalf of Wallace.  On
March 7, 2000, Wallace filed a petition to open an unsupervised
independent estate of Pauline Ridenour in the Livingston County,
Mich., probate court.

On March 8, 2000, the Livingston County probate court issued
Letters of Authority to Wallace, granting him full power to
collect, manage and dispose of the property of the estate without
court supervision.  On July 9, 2003, the Livingston County probate
court issued Wallace additional Letters of Authority, and the
siblings filed additional waiver/consent forms, indicating their
consent to the issuance of new Letters of Authority.

In June 2000, after the issuance of the first round of Letters of
Authority, Wallace, through the Law Offices of John Ashmore, filed
an action in the Dallas County probate court for Application for
Ancillary Administration and Authorizing Ancillary Letters of
Administration of the Ridenour estate.  The probate court granted
the application, authorizing ancillary letters of administration,
and appointed Wallace as ancillary administrator of the estate.

The asbestos action apparently settled in phases.  The proceeds of
the first two settlement phases were divided equally among the
children.  From 2003 through 2008, Wallace settled many of the
asbestos-related claims against the various companies sued in that
action.  Each time, Wallace, with assistance of counsel other than
Waters, filed a motion for approval of settlement in the Dallas
county probate court seeking disbursement of the settlement to
Wallace as personal representative of the estate.

Plaintiffs assert that Waters caused the probate court's order to
be styled so as to require disbursement solely to Wallace, despite
having agreed with all the heirs that it would disburse the
proceeds equally among them.  Waters advised Wallace that although
the probate court had ordered disbursement solely to Wallace in
his capacity as personal representative of the estate, Wallace was
obligated to distribute the settlement proceeds among his siblings
in accordance with the distribution agreement the children all

Wallace apparently never distributed funds from the later
settlement phases to his siblings.  The siblings who received no
proceeds from the later settlement phases sued Waters, Wallace,
and Wallace's alleged boyfriend in state court in Livingston
County, Mich.

Judy Messing Struble (a sibling), was named as a defendant though
she was more properly considered a plaintiff, for Plaintiffs did
not allege any wrongdoing on her part and instead alleged that she
was harmed by the actions of Defendants.

It was ordered that Waters' motion to dismiss was granted in part.
Plaintiffs' claims against Waters were dismissed for lack of
personal jurisdiction.

ASBESTOS UPDATE: Split Ruling Issued in Anco Insulations Lawsuit
The U.S. District Court, Middle District of Louisiana, issued
split rulings in a case involving asbestos styled Anco Insulation,
Inc., a Louisiana Corporation v. Royal Indemnity Company, a
Delaware Corporation, et al.

U.S. District Judge Brian A. Jackson entered judgment in Civil
Action No. 07-657-BAJ-DLD on Nov. 1, 2010.

This matter was before the Court on a motion for partial summary
judgment filed by the American Guarantee & Liability Insurance
Company, Zurich American Insurance Company, and Anco Insulations,
Inc., and joined by Arrowood Indemnity Company formerly known as
Royal Indemnity Company; and a cross motion for partial summary
judgment filed by National Union Fire Insurance Company.

Continental Insurance Company, Transportation Insurance Company,
Westchester Fire Insurance Company, and National Union (Opposing
Insurers), had each opposed Anco's motion.

Anco had replied to Opposing Insurers' opposition, as had Royal.
American Guarantee, ZAIC, Anco, and Royal had opposed National
Union's motion.

Anco Insulations is an asbestos insulation company that had been
sued by thousands of plaintiffs seeking damages for exposure to
asbestos over the past 25 years.  Royal; AIG Premier Insurance
Company; Centaur Insurance Company; Columbia Casualty Company;
Continental; Danielson Insurance Company; First State Insurance
Company; Holland-America Insurance Company; Landmark Insurance
Company; Lexington Insurance Company; National Union;
Transportation; United States Fire Insurance Company; and
Westchester are insurance companies that each, at some point,
insured Anco as excess or primary insurers.

Royal, American Guarantee and ZAIC had defended and indemnified
Anco Insulations in all pertinent litigation thus far.  However,
after American Guarantee and ZAIC disclosed that the primary
policies they issued to Anco Insulations were either exhausted or
approaching exhaustion, Anco sued its excess carriers for
indemnity, and its other primary carriers for a defense and

Anco also filed bad faith claims against Opposing Insurers,
alleging they failed to timely respond to defense tenders.

The motion for partial summary judgment filed by Anco, American
Guarantee, ZAIC, and Royal was hereby denied, and the motion for
partial summary judgment filed by National Union was hereby
granted.  The claims by Anco, American Guarantee, and ZAIC, for
reimbursement of pre-tender defense costs and fees, were hereby
dismissed with prejudice.

ASBESTOS UPDATE: Mo. Court Affirms Remand Motion in Elsea Action
The U.S. District Court, Western District of Missouri, Western
Division, granted plaintiff's motion to remand in a case involving
asbestos styled David M. Elsea, individually and as class
representative, Plaintiff v. Jackson County, Missouri, et al.,

U.S. District Judge Ortrie D. Smith entered judgment in Case No.
10-0620-CV-W-ODS on Oct. 28, 2010.

David M. Elsea filed this suit on May 25, 2010 on behalf of
himself and a class of similarly situated individuals.  The suit
alleged the Jackson County Courthouse was built with materials
containing asbestos and people who had been in the courthouse on a
regular basis for any period since 1983 may have developed or may
develop health problems.

In addition to Jackson County, Mo., Mr. Elsea had named U.S.
Engineering Company as a defendant because it had allegedly
conducted repairs, renovations, and other work that caused the
release of asbestos fibers.  Defendants removed the case to
federal court.

The Motion to Remand was granted and the case was remanded to the
Circuit Court for Jackson County, Mo.

Anthony Louis Dewitt, Esq., Edward D. Robertson, Jr., Esq., Mary
D. Winter, Esq., of Bartimus, Frickleton, Robertson & Gorny in
Jefferson City, Mo., E. Ann Wright, Esq., Louis Carl Accurso,
Esq., of Accurso Law Firm in Kansas City, Mo., represented Mr.

Anthony J. Romano, Esq., Anthony Lamont Springfield, Esq., Dennis
Joseph Dobbels, Esq., of Polsinelli Shughart PC, James D. Griffin,
Esq., Maggie L. Nigro, Esq., Stephen J. Torline, Esq., of Husch,
Blackwell, Sanders, LLP, in Kansas City, Mo., represented the

ASBESTOS UPDATE: Telecoms Engineer Awarded GBP115T Compensation
Bernard John Mottram, an 82-year-old former telecoms engineer from
Bath, Somerset, England, who contracted mesothelioma, has been
awarded GBP115,000 in an out-of-court settlement, The Bath
Chronicle reports.

Mr. Mottram was diagnosed with mesothelioma in May 2010, years
after being exposed to asbestos fibers while installing phone
lines at a secret war bunker.

Workplace illness expert Satpal Singh, from law firm Irwin
Mitchell, successfully launched legal action against British
Telecom on Mr. Mottram's behalf.

As a technician working for British Telecom from 1970 to 1991, Mr.
Mottram recalls regularly encountering asbestos and drilling
through asbestos sheets to run cables.

One contract, undertaken in 1991 at Corsham Underground bunker,
built during the late 1950s as an emergency Government war
headquarters, sticks in his mind.

ASBESTOS UPDATE: U.K. Inquest Rules on Derby Technician's Death
An inquest at Derby Coroner's Court heard that the death of Eric
Foster, a 66-year-old former Courtaulds (n/k/a Celanese) worker
from Derby, England, was related to workplace exposure to
asbestos, the Telegraph reports.

Mr. Foster had written a statement two months before his death on
Oct. 7, 2010 in which he said he was working with asbestos
blankets at the Courtaulds factory in Spondon.  He died a few
years into his retirement from the firm, where he worked for more
than 30 years.

Mr. Foster's statement was read out at the court, where his death
was found to be caused by mesothelioma.  Dr. Andrew Hitchcock,
consultant pathologist at Royal Derby Hospital, said "95%-plus" of
mesothelioma cases were associated with asbestos.

Assistant deputy coroner Paul McCandless said that "on the balance
of probability," Mr. Foster's death was caused by an industrial
disease.  The inquest heard Mr. Foster was a technician involved
in investigating how new types of fabric reacted to steam.  It was
the steam presses which Mr. Foster said contained the asbestos.

In his statement, Mr. Foster said, "These presses could be old,
dirty and often required the asbestos blankets to be replaced.
They were like a square table, approximately one yard square, and
the asbestos blankets were on the top."  He added he wished to
pursue a claim for compensation.

Earlier, the inquest heard Mr. Foster first started feeling ill in
April 2009, when he had a persistent cough.  He was diagnosed with
mesothelioma three months later in July 2009.

ASBESTOS UPDATE: Laurel Residents Claim Asbestos Made Them "Ill"
Many residents of Laurel, Miss., claim they are already suffering
from major illnesses because asbestos found at the dilapidated
Beards Feed Store, WDAM reports.

Some residents are furious that city officials did not do enough
to help stop the spread of asbestos debris after the store caught
fire.  People who live around the old store said firefighters let
the building smolder for four days.

Residents said they had to breath in thick smoke filled with
asbestos debris.  The building was scheduled to be demolished in

Meanwhile, these citizens said they are looking into taking legal
actions against the city of Laurel.

ASBESTOS UPDATE: Hazard Removed From Morony Natatorium Basement
Asbestos was removed from the basement of the Morony Natatorium
Pool in Great Falls, Mont., and tile work was added to both the
men's and women's locker rooms, Great Falls Tribune reports.

Patty Rearden, deputy director of Parks and Recreation for the
City of Great Falls, said the Natatorium received US$9,150 for the
asbestos removal and US$12,365 for the tile from a Community
Development Block Grant.

In addition to the tile and asbestos removal, several other items
of routine maintenance brought the facilities up to snuff.

ASBESTOS UPDATE: Hazard to be Cleared From Garden Walk in Chico
Tom Hall, the owner of Garden Walk Mall in Chico, Calif., says
asbestos abatement and repairs on the center will be done in two
parts, ChicoER.com reports.

Merchants fled the center after an overhead sprinkler pipe broke
days before Christmas, flooding small shops and all the carpeting.
The damage was discovered by merchants opening their stores on the
morning of Dec. 20, 2010.

Some merchants were able to continue in business, but during the
course of water cleanup, Mr. Hall found there was asbestos in the
floors.  He said, "There was enough damage and water into the slab
that there were concerns about the tiles on the slab.  It's the
old-style tiles, put down during the '50s."

Merchants nearer the Wall Street side should be back in operation
by early February 2011, the ones closer to the Main Street side in
early March 2011, Mr. Hall said.

ASBESTOS UPDATE: Trustee Wants Dismissal of Quigley's Bankruptcy
Tiffany Kary, writing for Bloomberg News, reports the United
States Trustee asserts that Pfizer Inc., the world's largest drug
company, should have the bankruptcy of its Quigley unit dismissed.
Bloomberg says a hearing to decide the U.S. Trustee's request is
set for January 13, according to court papers filed December 23.

According to Ms. Kary, lawyers for the U.S. Trustee said while the
Quigley bankruptcy has been pending, creditors with alleged
asbestos-related health problems have been unable to sue Pfizer,
and many have died.

"The harm in delaying the inevitable dismissal of this case is to
the individuals who have filed asbestos claims against the Debtor
and Pfizer," lawyers for acting U.S. Trustee Tracy Hope Davis
wrote in court papers, according to Bloomberg.  "For some of those
individuals, time may be of the essence."

As reported by the Troubled Company Reporter on September 9, 2010,
Bloomberg News said U.S. Bankruptcy Judge Stuart M. Bernstein in
New York on September 8 rejected Quigley's fourth reorganization
plan and said parties should discuss dismissal of the case.  He
said the plan was filed in "bad faith" by Pfizer and cited
testimony that asbestos claims directed at Quigley could total
$4.45 billion over the next 42 years.

"In a nutshell, Pfizer bought enough votes to assure that any plan
would be accepted," Judge Bernstein wrote.

Bloomberg at that time reported that, in a 90-page ruling that
covers Pfizer's failed attempts to deal with its growing asbestos
liabilities since June 1985, Judge Bernstein noted that a lawyer
who represented both Quigley and Pfizer settled claims against
Quigley and got releases for Pfizer at no additional cost.

As reported by the TCR on October 15, Dow Jones' Daily Bankruptcy
Review said Pfizer has moved to overturn the Bankruptcy Court's
ruling that it engaged in bad-faith vote buying in a bid to shake
an estimated $900 million worth of asbestos liabilities.

Under the proposed Chapter 11 plan, Pfizer is paying about
$450 million into a trust to satisfy claims about products for
which it allegedly has derivative liability.  According to
Bloomberg's Tiffany Kary, the "channeling injunction" of the
Bankruptcy Code would direct all future claims into the trust,
covering death or personal injury claims related to Insulag,
Panelag and Damit, products for the steel industry that contained
asbestos and were made from the time of World War II to the 1970s.

Ms. Kary reports that Pfizer spokesman Christopher Loder has said
the company is prepared to contribute additional funds to
Quigley's plan to satisfy the court's concerns, and will discuss
fair compensation of asbestos claims at the January 13 hearing.

Ms. Kary notes Pfizer reported in its third-quarter report in
November a $701 million charge for asbestos litigation for
Quigley.  In a report filed November 12 with the U.S. Securities
and Exchange Commission, Pfizer said it was filing an appeal of
the Quigley ruling to "preserve its right to address certain legal
issues raised in the court's opinion."

Ms. Kary also relates an ad-hoc committee representing 43,100
individual asbestos claimants in Quigley's bankruptcy had also
asked in October that a judge end the case, and also end the
injunction that has shielded Pfizer from lawsuits since 2004.

                        About Quigley Co.

Quigley Co. was acquired by Pfizer in 1968 and sold small amounts
of products containing asbestos until the early 1970s. In
September 2004, Pfizer and Quigley took steps that were intended
to resolve all pending and future claims against the Company and
Quigley in which the claimants allege personal injury from
exposure to Quigley products containing asbestos, silica or mixed
dust. Quigley filed for bankruptcy in 2004 and has a Chapter 11
plan and a settlement with Chrysler.

Quigley filed for Chapter 11 bankruptcy protection on Sept. 3,
2004 (Bankr. S.D.N.Y. Case No. 04-15739) to implement a proposed
global resolution of all pending and future asbestos-related
personal injury liabilities.

Lawrence V. Gelber, Esq., and Michael L. Cook, Esq., at Schulte
Roth & Zabel LLP, represent the Debtor in its restructuring
efforts.  Elihu Inselbuchm Esq., at Caplin & Drysdale, Chartered,
represents the Official Committee of Unsecured Creditors.  When
the Debtor filed for protection from its creditors, it disclosed
$155,187,000 in total assets and $141,933,000 in total debts.

ASBESTOS UPDATE: Greenford to Assume Abatement at Three Schools
As for the three schools that were sold, Greenford Bobcats Inc.
will now privately have to assume the cost of asbestos abatement
regarding three schools in Ohio, Mesothelioma.com reports.

The South Range Local school board held a special session in
December 2010 to request that the Ohio Schools Facilities
Commission (OSFC) release funds reserved for demolition of the
district's old facilities.

The amount in question is US$615,000 that was originally set for
the demolition and asbestos abatement of the old middle school in
Greenford, Ohio, and the high school and elementary in North Lima,

However, the buildings in question have since been purchased by
Greenford Bobcats Inc.  Since the school buildings no longer
belong to the school board, the funds are no longer needed for the
same purpose.

Funding is now needed for the new K-12 campus that will open this
coming fall, but if the earmarked funds are released, they can
only be used for expenditures associated with construction.

The funds will only be released once the OSFC board has considered
and approved the request.  Even if the school board's request is
accepted, the funds likely would not be released the end of the
new project.

ASBESTOS UPDATE: Cleanup Ongoing at Liverpool Elementary School
Asbestos removal efforts are ongoing at the Liverpool Elementary
school in Liverpool, N.Y., 9WSYR.com reports.

The asbestos was found in floor tiles and pipe insulation during
recent renovations.  The superintendent says that the holiday
break will be enough time for the materials to be removed, but by
law, the school needs to pass air quality tests before it can

ASBESTOS UPDATE: Kittle Case v. 97 Firms Filed Dec. 10 in W.Va.
Delbert Warren Kittle, of Fairmont, W.Va., on Dec. 10, 2010, filed
an asbestos-related lawsuit against 97 defendant corporations in
Kanawha Circuit Court, W.Va., The West Virginia Record reports.

According to the complaint, on Dec. 11, 2008, Mr. Kittle was
diagnosed with lung cancer.  Mr. Kittle claims he smoked
cigarettes from 1953 until 2007, but then quit.

Mr. Kittle seeks a jury trial to resolve all issues involved.
Bronwyn I. Rinehart, Esq., represents Mr. Kittle.

Case No. 10-C-2216 has been assigned to a visiting judge.

ASBESTOS UPDATE: Most 2010 Asbestos Actions Given to Judge Floyd
Judge Donald Floyd, who has presided over the 172nd District Court
since 1989, had 15 additional asbestos and benzene toxic tort
claims on top of his 2010 docket, The Southeast Texas Record

The Beaumont, Tex., courthouse in Jefferson County welcomed around
40 new toxic tort claims in 2010, with Judge Floyd getting the
lion's share.  Of the 15 new cases assigned to his court, about 10
were brought by the Beaumont-based Provost Umphrey Law Firm, court
records show.

In fact, PU attorneys, who have filed thousands of asbestos cases
in the past two decades, represent clients in 29 of the 40 cases
filed in 2010.

Runner up is 58th District Court Judge Bob Wortham, who saw 12 new
toxic tort claims creep into his court in 2010.  Again, PU will
represent the plaintiffs in most of those cases, since nine of the
12 were filed by the firm's attorneys, court records show.

Third place belongs to Judge Milton Shuffield, 136th District
Court, with seven toxic tort claims assigned in 2010.  Judge Gary
Sanderson, 60th District Court, received the remaining six, court
records show.

On average, about 3.3 toxic tort cases were filed per month in
Jefferson County.  In all, toxic tort claims slightly dipped in
2010, as Southeast Texas attorneys filed a total of 46 asbestos
and/or benzene suits in 2009.

Although hundreds of toxic tort suits settled, no asbestos case
went to trial in 2010.

Asbestos cases filed in Jefferson County are transferred to a
multidistrict litigation panel in Harris County, where Judge Mark
Davidson, 11th District Court, makes mass rulings on discovery
before sending the cases back to their courts of origin.

ASBESTOS UPDATE: Judge to Rule on W.R. Grace Plan This Month
W. R. Grace & Co. said December 28 that at a recent status
conference on its Joint Plan of Reorganization Judge Judith K.
Fitzgerald indicated she expected to issue a ruling on
confirmation in January 2011.  At a hearing in October 2010, she
said she was hoping to issue the ruling prior to year end.

Headquartered in Columbia, Maryland, W.R. Grace & Co. (NYSE:GRA)
-- http://www.grace.com/-- supplies catalysts and silica
products, especially construction chemicals and building
materials, and container products globally.

The Company and its debtor-affiliates filed for Chapter 11
protection on April 2, 2001 (Bankr. D. Del. Case No. 01-01139).
David M. Bernick, P.C., Esq., at Kirkland & Ellis, LLP, and Laura
Davis Jones, Esq., at Pachulski Stang Ziehl & Jones, LLP,
represent the Debtors in their restructuring effort.  The Debtors
hired Blackstone Group, L.P., for financial advice.
PricewaterhouseCoopers LLP is the Debtors' accountant.  Stroock &
Stroock & Lavan, LLP, and Duane Morris, LLP, represent the
Official Committee of Unsecured Creditors.  The Creditors
Committee tapped Capstone Corporate Recovery LLC for financial
advice.  David T. Austern, the legal representative of future
asbestos personal injury claimants, is represented by Orrick
Herrington & Sutcliffe LLP and Phillips Goldman & Spence, PA.
Elihu Inselbuch, Esq., at Caplin & Drysdale, Chartered, and Marla
R. Eskin, Esq., at Campbell & Levine, LLC, represent the Official
Committee of Asbestos Personal Injury Claimants.  The Asbestos
Committee of Property Damage Claimants tapped Scott Baena, Esq.,
and Jay M. Sakalo, Esq., at Bilzin Sumberg Baena Price & Axelrod,
LLP, to represent it.  Thomas Moers Mayer, Esq., at Kramer Levin
Naftalis & Frankel, LLP, represents the Official Committee of
Equity Security Holders.

W.R. Grace and its debtor affiliates, with the support of the
Official Committee of Asbestos Personal Injury Claimants, the
Asbestos PI Future Claimants' Representative and the Official
Committee of Equity Security Holders, have submitted a proposed
Chapter 11 plan of reorganization.  The Chapter 11 plan is built
around an April 2008 settlement for all present and future
asbestos personal injury claims, and a subsequent settlement for
asbestos property damage claims.  The Plan confirmation hearing
wrapped up on January 25, 2010.

Bankruptcy Creditors' Service, Inc., publishes W.R. Grace
Bankruptcy News.  The newsletter tracks the Chapter 11 proceeding
undertaken by W.R. Grace, W.R. Grace Co. - Conn. and their
affiliates.  (http://bankrupt.com/newsstand/or 215/945-7000)

ASBESTOS UPDATE: Mancuso Ordered to Pay $17,972 in Restitution
U.S. District Court Senior Judge Frederick Scullin Jr. recently
ordered Paul Mancuso to pay back US$17,972.68 it cost the federal
government to clean up toxic piles of asbestos that were illegally
dumped in a rural field in Herkimer County, N.Y., Observer-
Dispatch reports.

Judge Scullin added that, however, Mr. Mancuso will not have to
give any money to two other victims of his conspiracy to cover up
illegal asbestos removal operations.  Judge Scullin denied the
prosecution's request that Mr. Mancuso pay for the financial
losses incurred by the following individuals:

-- Patrick Grzesiak was forced into bankruptcy when Mr. Mancuso
   fraudulently listed Mr. Grzesiak as the owner of two
   asbestos-related companies and brought upon thousands of
   dollars in fines from the state Department of Labor.

-- Sean Hirt had to pay thousands of dollars in medical expenses
   when Mr. Mancuso paid Joseph Mazza to assault Mr. Hirt in
   September 2006 because Mr. Hirt had allegedly tipped off
   investigators about Mr. Mancuso's shoddy asbestos work.

As the 46-year-old Mr. Mancuso currently serves 6 1/2 years in
federal prison for an illegal asbestos conspiracy that also
involved his brother, Steven Mancuso, and father, Lester Mancuso,
Judge Scullin ordered that Mr. Mancuso must pay US$17,972.68 to
the U.S. Environmental Protection Agency in monthly installments.

On Dec. 28, 2010, the prosecutor, Assistant U.S. Attorney Craig
Benedict, said it is satisfying to know that Mr. Mancuso will have
to pay some financial penalty for what he has done.

ASBESTOS UPDATE: Seward Museum Cleanup, Demolition to Cost $39T
The cost of demolishing a building on the site of the future
Seward Library Museum in Seward, Alaska, is estimated at US$39,000
because hazardous materials, such as lead paint and asbestos, must
be removed, the Mesothelioma & Asbestos Awareness Center reports.

The Seward City Council is currently discussing the major
obstacles facing the construction and maintenance of the Seward
Library Museum.  The primary topic of discussion is, of course,
funding and where it will come from. The project is currently
estimated at just over US$10 million.

Furnishing, fixtures and computers that cannot be salvaged from
the old building will have to be purchased on a budget of
US$200,000, while another US$500,000 has been budgeted for the
museum's exhibits.

The Library Museum Building Project has been awarded US$4.7
million in state funding, the Rasumson Foundation has agreed to a
US$500,000 contribution and there are hopes that the National
Endowment for the Humanities will contribute another half-million.

ASBESTOS UPDATE: Cleanup at Aspen City Market to Start Jan. 2011
Work is set to begin early in January 2011 at Aspen's City Market,
allowing workers to remove asbestos from the ceiling of the
grocery store while customers and employees are not present, The
Aspen Times reports.

According to Jeff Adams, environmental protection specialist for
the Colorado Department of Public Health and Environment says the
agency has approved a revised permit to handle the asbestos work.
The city of Aspen's Engineering Department is expected to make a
formal decision soon on whether the work can take place at night
-- outside the allowed hours of construction in the city.

Trish Aragon, city engineer, previously indicated she is open to
allowing the night work, but the formal application was recently

The work will add a new component to an ongoing remodeling project
that has already given the shopping experience at City Market a
less-than-polished feel.  Scaffolding will be erected to hold up
decking above the grocery shelves and aisle space in a couple of
areas within the store.

According to city officials, the space above the scaffolding will
be encased in plastic and asbestos removal will occur within that
contained area.

The work will occur at night, when the store is unoccupied, except
for the crew from Denver-based American Abatement, said Jannette
Whitcomb, the city's environmental health program coordinator.
The firm, certified to do asbestos work, is well qualified to
handle the project, she said.

The remodeling of City Market is expected to continue until mid-
June 2011.  When it is complete, the updated store will feature a
full bakery and deli, and an expanded section for perishable

ASBESTOS UPDATE: Kumar Urged to Stop Asbestos Factory Operations
Environmentalists and asbestos experts over the world are
petitioning Nitish Kumar, Chief Minister of Bihar, India, to block
the proposed asbestos factory to be set up by the Kolkata-based
Balmukund Cement and Roofing Ltd (BCRL) in Bishnupur-Chainpur, The
Hindu reports.

On Dec. 29, 2010, noted Environmental Consultant and asbestos
hazard expert Dr. Barry Castleman addressed letters to Mr. Kumar
and Union Minister of State for Environment and Forests Jairam
Ramesh drawing their attention to the community resistance in
Muzaffarpur over the proposed plant and the repressive measures
initiated by the district authorities.

As reported on Dec. 28, 2010, villagers have been battling the
district administration and the BCRL management since July 2010
over alleged misinformation on the perceived hazardous fallouts of
the proposed Chrysotile asbestos plant in Chainpur.

Meanwhile, the villagers of Bishnupur-Chainpur have given a
24-page memorandum to the Muzaffarpur district administration
listing the causes for their opposition to the proposed plant,
highlighting glaring contraventions in the BCRL's EIA report and
registering their protest against the June 28, 2010 public
hearing, which they allege was a sham.

However, when contacted, BCRL director N.K. Kanodia refuted all
allegations, stating that there were no violations in the EIA
report and that all the Terms of Reference (TORs) as laid down by
the Ministry of Environment and Forests (MoEF) were adhered to.
Speaking to The Hindu, he said that the 17.8-acre site acquired
for the proposed plant was "entirely barren"and "there were no
schools and health centers in the vicinity of the upcoming

The MoEF had given Environmental Clearance to the BCRL in October

ASBESTOS UPDATE: Hazard Cleared From Rongotai College Gym Ruins
Workers in protective gear are removing asbestos from the ruins of
the fire-ravaged gym at Rongotai College, in Rongotai, Wellington,
New Zealand, The Dominion Post reports.

Diggers were brought in to level what was left of the Kilbirnie
building, destroyed early on Boxing Day.  The cause of the fire
was still being investigated.

Principal Kevin Carter said tests had confirmed the presence of
asbestos in the debris of the gutted gym.  He added that despite
the gales that lashed Wellington on Dec. 29, 2010, the risk of
asbestos contamination in the area was low.

ASBESTOS UPDATE: Asbestos "Timebomb" Continues to "Tick" in York
Campaigners allege that the "asbestos timebomb" in York, North
Yorkshire, England, is still ticking away as the City approaches
2011, The Press reports.

The York Asbestos Support Group said that although asbestos was no
longer used in construction or manufacturing in the United
Kingdom, York would continue to live with its legacy for many

Founder and Chairwoman Kim Daniells said it was still receiving
inquiries from people diagnosed with mesothelioma who have
previously worked in a wide range of industries including the
power industry and the former York Carriagewoks.  However, the
Group had also dealt with queries on behalf of individuals who had
suffered the loss of a loved one where there was the suggestion
that asbestos exposure might have been implicated in their health

Ms. Daniells said the Group was determined to do all it could to
raise awareness of the dangers of asbestos exposure and campaign
for a better deal for those affected.  As associate members of the
Forum of Asbestos Support Groups, it could also lend its voice to
colleagues across the U.K. and the world.

Ms. Daniells said the Group also made donations to organizations
researching mesothelioma to try to find an effective treatment for
the condition, and it planned to mark Action Mesothelioma Day on
July 1, 2011.

ASBESTOS UPDATE: Sellwood Widow Claims Victory and Compensation
Mary Sellwood, of Middleton-in-Teesdale, England, has secured a
significant legal victory over the death of her husband, James
Sellwood, who died from workplace exposure to asbestos, the
Teesdale Mercury reports.

Mrs. Sellwood had reached an out-of-court settlement with Mr.
Sellwood's former employers.  He conducted laboratory experiments
involving the use of asbestos materials, which were recommended by
an approved chemistry course book in the 1970s.

Mr. Sellwood, who died aged 73 of mesothelioma in November 2008,
carried out the experiments while working as a senior lecturer at
York St John University from 1963 to 1975.  His lectures and
laboratory demonstrations were based on the textbook "Chemistry,
Collected Experiments," which was published by the Nuffield
Foundation in 1967 and which advocated the use of asbestos mats,
gauzes, wool, paper and rope in a large number of laboratory

Law firm Irwin Mitchell, representing Mrs. Sellwood, has announced
that a settlement has been reached.

Mr. Sellwood worked for York St John University from 1963, where
it was initially known as St John College York.  During his time
there, Mr. Sellwood's role went from Senior Lecturer to Principal
Lecturer in Chemistry before transferring to the Administration
Department as Deputy Registrar and finally Academic Registrar from
which he retired in 1992.

Isobel Lovett, associate solicitor and industrial disease
specialist at Irwin Mitchell, represented Mrs. Sellwood.

ASBESTOS UPDATE: Miss. Court Junks Defendants' Bids in ICRC Case
The U.S. District Court, Southern District of Mississippi, Western
Division, denied defendants' motions in an asbestos case styled
Illinois Central Railroad Company, Plaintiff v. Willie R. Harried,
a/k/a William Roy Harried, et al., Defendants.

District Judge David Bramlette entered judgment in Civil Action
No. 5:06cv160-DCB-JMR on Nov. 3, 2010.

This matter came before the Court on Defendants William S. Guy and
Thomas W. Brock's Motions for Judgment as a Matter of law and for
a New Trial.

After extensive pre-trial briefing, the Court held a jury trial on
Illinois Central Railroad Company's claims against Willie R.
Harried, Warren Turner, Jr., Guy, and Brock.  Those claims arose
out of earlier settlements of asbestos-related claims by Mr.
Harried and Mr. Turner against Illinois Central in a Mississippi
state court case known as Eakins for which Mr. Guy and Mr. Brock
(both attorneys) represented Mr. Harried and Mr. Turner.

The jury returned a verdict on March 11, 2010 against Mr. Guy and
Mr. Brock for Illinois Central's claims of fraud and breach of the
duty of good faith and fair dealing.  The jury found for Mr.
Harried and Mr. Turner with respect to Illinois Central's claims
against them.

The jury awarded Illinois Central US$210,000.00 in compensatory
damages (US$90,000.00 with respect to Mr. Harried's settlement and
US$120,000.00 with respect to Mr. Turner's settlement) and Mr.
$210,000 in punitive damages.

Mr. Guy and Mr. Brock now moved for judgment as a matter of law
with respect to the jury's verdict.  They also moved for a new

It was ordered that Defendants' Motion for Judgment as a Matter of
Law was denied.  It was further ordered that Defendants' Motion
for a New Trial was denied.

Daniel J. Mulholland, Esq., Brian B. Hannula, Esq., Heather J.
Wilkins, Esq., Tanya D. Ellis, Esq., of Forman, Perry, Watkins,
Krutz & Tardy in Jackson, Miss., represented Plaintiff.

Wayne Dowdy, Esq., of Dowdy & Cockerham in Magnolia, Miss., John
G. Corlew, Esq., Katherine K. Smith, Esq., of Corlew Munford &
Smith, PLLC in Jackson, Miss., William S. Guy, Esq., of Law
Offices of William S. Guy in McComb, Miss., represented

ASBESTOS UPDATE: Tenn. Appeal Court OKs Ruling in Miller Action
The U.S. Court of Appeals of Tennessee upheld the ruling of the
Chancery Court for Anderson County, which awarded Clarence E.
Miller a divorce; divided the marital property, permitting Mr.
Miller to keep the settlements related to his asbestos injuries;
and awarded US$250 per month in alimony in futuro to ex-wife
Marian N. Miller.

The case is styled Clarence E. Miller v. Marian N. Miller.

Judges John W. McClarty, Herschel P. Franks, and D. Michael Swiney
entered judgment in Case No. E2010-00492-COA-R3-CV on Nov. 9,

Mr. Miller married Mrs. Miller in 1984.  At the time of the
marriage, he was 61 and a retired employee from Union Carbide and
the Navy National Guard, and Mrs. Miller was 50 and she worked
various jobs as a nurse and security guard throughout the

Mr. Miller owned a home located at 122 Valley Lane, Clinton,
Tenn., during the marriage.  In 1997, Mrs. Miller inherited a
house located at 311 Murray Drive, Knoxville, Tenn.  At trial,
there was testimony that the parties had lived separately for at
least 10 to 12 years.

Late in the marriage, Mr. Miller initiated various cases for his
exposure to asbestos and other carcinogens during his employment
with the Navy and the Department of Energy.  He applied for
benefits under the Department of Energy Employee Occupational
Illness Compensation Program (EEOICP); filed two workers'
compensation claims; and filed a joint claim in a class action
lawsuit against asbestos manufacturers.  Mrs. Miller was named as
a party on the class action lawsuit concerning the asbestos

Periodically, settlement checks from the asbestos litigation were
tendered in both Mr. Miller's and Mrs. Miller's names.  In April
2008, Mr. Miller's EEOICP claim was approved and he received
US$150,000 as a settlement.

Shortly after receiving the EEOICP settlement, Mr. Miller filed a
complaint for divorce against Mrs. Miller alleging inappropriate
marital conduct.

Mrs. Miller responded by filing a counterclaim for divorce, a
motion for a restraining order to prevent Mr. Miller from
dissipating the EEOICP settlement and proceeds from the workers'
compensation claims, and a motion for pendente lite alimony.  The
trial court granted the restraining order concerning the proceeds
from the workers' compensation claims and denied the restraining
order regarding the EEOICP settlement.

A motion for temporary alimony was heard and the trial court
awarded US$200 per month in temporary alimony to Mrs. Miller.
After an unsuccessful attempt at mediation, a bench trial began on
Nov. 9, 2009.  At trial, the parties disputed the classification
of the EEOICP settlement as Mr. Miller's separate property and
whether the parties lived separately for at least 10 years.

The trial court eventually awarded a divorce to Mr. Miller;
divided the marital property, permitting Mr. Miller to keep the
settlements related to his injuries; and awarded US$250 per month
in alimony in futuro to Mrs. Miller.  This appeal followed.

Daniel Kidd, Esq., in Knoxville, Tenn., represented Marian N.

Jodi Loden, Esq., in Clinton, Tenn., represented Clarence E.

ASBESTOS UPDATE: Appeals Court Reverses Ruling in Laverty Action
The Appellate Court of Illinois, Fifth District, reversed the
ruling of the Circuit Court of Madison County, which denied CSX
Transportation, Inc.'s motion to dismiss an asbestos lawsuit filed
by Claudious Laverty on the grounds of forum non conveniens.

The Appeals court remanded the cause to the circuit court with
directions to the circuit court to dismiss counts I, II, and VIII
of the plaintiff's complaint.

Judges James Wexstten, Thomas Welch, and Richard Goldenhersh
entered judgment in Case No. 5-09-0043 on Oct. 8, 2010.  Judge
Goldenhersh dissented.

Claudious Laverty, individually and as the administrator of the
estate of her deceased husband, Thomas R. Laverty, filed a
complaint against CSX Transportation and other defendants, for
willful and wanton conduct and negligence under the Federal
Employers' Liability Act (FELA).

In counts I, II, and VIII of her complaint, filed on Dec. 4, 2007,
Mrs. Laverty requested that a judgment be entered against CSX
Transportation.  She alleged that, during the course of Mr.
Laverty's employment with CSX Transportation, he was exposed to
and inhaled, ingested, and absorbed asbestos fibers, causing his
death from mesothelioma in November 2007.

Mrs. Laverty is a resident of Texas.  Mr. Laverty also resided in
Texas when he died and had previously lived in Michigan and Ohio.
Neither Mrs. Laverty nor Mr. Laverty ever resided in Illinois.  He
was employed from 1940 through 1942 and from 1945 through 1979 as
a railway fireman and engineer.

In 1940, Mr. Laverty began working for Pere Marquette Railroad in
Michigan and was so employed in 1947, when the Chesapeake & Ohio
Railway purchased the Pere Marquette Railroad.  The Chesapeake &
Ohio Railway operated from 1869 until 1980, at which time it
merged with Seaboard Coast Line Industries to become CSX

On Feb. 27, 2008, CSX Transportation filed a motion to dismiss
counts I, II, and VIII of Mrs. Laverty's complaint on the basis of
forum non conveniens.  On Jan. 8, 2009, at the hearing on CSX
Transportation's motion to dismiss on the basis of interstate
forum non conveniens, Mrs. Laverty conceded that no witnesses were
located in Illinois and that Mr. Laverty had not been exposed to
asbestos in Illinois.

As of the date of the hearing, 35 of the 38 codefendants who had
entered their appearances in the case had filed forum non
conveniens motions.

On Jan. 9, 2009, the circuit court denied CSX Transportation's
motion to dismiss.  On March 11, 2009, this court granted CSX
Transportation's timely petition for leave to appeal the circuit
court's order.

Kurt E. Reitz, Esq., Erick E. VanDorn, Esq., Heath H. Hooks, Esq.,
of Thompson Coburn, LLP in Belleville, Ill., represented CSX

Michael R. Bilbrey, Esq., Robert B. Ramsey, Esq., of Law Offices
of Michael R. Bilbrey, P.C. in Edwardsville, Ill., represented
Claudious Laverty.

ASBESTOS UPDATE: District Court Junks McCurdy's Move for Relief
The U.S. District Court, Eastern District of Pennsylvania, denied
Michael McCurdy's Motion for Relief from the Stay for Limited
Purpose of Continuing Discovery in an asbestos case that is part
of MDL No. 875.

The case is styled In re Asbestos Products Liability Litigation
(No. VI); this decision related to: Michael McCurdy v. John Crane-
Houdaille, et al.

U.S. Magistrates Judge Elizabeth T. Hey entered judgment in EDPA
Civil Action No. 08-76815 on Nov. 4, 2010.

On Sept. 22, 2010, Defendant R.E. Michel (REM) filed a Notice of
Stay in the above captioned asbestos case based on a Notice of
Rehabilitation filed by its insurer, Atlantic Mutual Insurance

On Oct. 18, 2010, Mr. McCurdy filed a Motion for Temporary Relief
from Stay for Limited Purpose of Continuing Discovery.  He did not
challenge the enforceability of the Order of Rehabilitation, nor
did he dispute that Atlantic Mutual is REM's primary insurance

Rather, citing no relevant case law, Mr. McCurdy asked asks this
court to lift the stay imposed by the New York Supreme Court to
allow him to obtain responses to outstanding discovery requests in
direct violation of the New York state court order.

The initial Order of Rehabilitation included a 180 day stay,
beginning on Sept. 16, 2010.  The only hardship alleged by Mr.
McCurdy was an inability to complete discovery that should have
been completed on June 18, 2010, nearly three months prior to
imposition of the stay.

ASBESTOS UPDATE: La. Court Upholds Ruling in Rapid-American Case
The Court of Appeal of Louisiana, Fourth Circuit, affirmed the
ruling of the Civil District Court, Orleans Parish, which granted
Rapid-American Corporation's exceptions of lack of personal

The cases are:

Colleen Comer Marchand; Bonnie A. Marchand; Patricia Marchand
Picou; Dudley L. Marchand, III; Wayne M. Marchand; Rebecca
Marchand Kennedy; Charmaine Marchand Bizette; Brett L. Marchand v.
Asbestos Defendants; Anco Insulations, Inc., Bayer Cropscience,
Inc. (as Successor of Liability to Rhone-Poulenc AG Company f/k/a
Amchem Products, Inc. f/k/a Benjamin Foster Company); Ethyl
Corporation (Successor to Albemarle Paper Manufacturing Company);
et al.

Elodie Granier Rome and Donald Francis Rome v. Asbestos
Defendants; Northrop Grumman Shipbuilding, Inc. (Formerly Avondale
Industries, Inc. and Formerly Avondale Shipyards, Inc.) and its
Executive Officers, Albert Bossier, Jr. and J. Melton Garrett;
American Motorists Insurance Company; et al.

Wayne Joseph St. Pierre v. Northrop Grumman Shipbuilding, Inc.,
(Formerly Northrop Grumman Ship Systems, Inc., Formerly, Avondale
Industries, Inc., and Formerly Avondale Shipyards, Inc.) and its
Executive Officers, et al.

Judges Patricia Rivet Murray, Michael E. Kirby, and Roland L.
Belsome entered judgment in Case Nos. 2010-CA-0476, 2010-CA-0543,
2010-CA-0766 on Nov. 10, 2010.  Judge Belsome dissented.

In this consolidated appeal, plaintiffs in three cases appealed
the granting of exceptions of lack of personal jurisdiction filed
by defendant, Rapid-American.

Plaintiffs sued numerous defendants, including Rapid-American,
alleging injuries caused by exposure to asbestos-containing

In their petitions, plaintiffs alleged that Rapid-American is the
successor by merger to the Philip Carey Manufacturing Company,
which manufactured and sold some of the asbestos-containing
products leading to the damages upon which these lawsuits were
based.  Rapid-American filed declinatory exceptions of lack of
personal jurisdiction in all three cases.

Following hearings in all three cases, the trial court judges
granted Rapid-American's exceptions of lack of personal
jurisdiction.  Plaintiffs now appeal these three judgments,
arguing that the trial courts erred in granting Rapid-American's
exceptions of lack of personal jurisdiction.

Gerolyn P. Roussel, Esq., Perry J. Roussel, Jr., Esq., Jonathan B.
Clement, Esq., Lauren R. Clement, Esq., Roussel & Clement of
Laplace, La., represented Plaintiffs/Appellants.

Charles V. Giordano, Esq., Anthony J. Milazzo, Jr., Esq., Hebbler
& Giordano, L.L.C. of Metairie, La., represented Rapid-American

ASBESTOS UPDATE: Summary Judgment Denied in Faddish Case
The U.S. District Court, Eastern District of Pennsylvania, denied
Warren Pumps, LLC's Motion for Summary Judgment (filed Feb. 1,
2010) in an asbestos case styled Ruth Faddish, Individually and as
executrix of the estate of John Faddish, deceased, Plaintiff v.
Warren Pumps, LLC, et al., Defendants.

U.S. District Judge Eduardo C. Robreno entered judgment in Civil
Action No. 09-70626 on Oct. 22, 2010.

This case was part of MDL-875, the consolidated asbestos products
liability multidistrict litigation pending in the Eastern District
of Pennsylvania.  The instant claims were based on failure to warn
causes of action under Florida law.

Ruth Faddish's husband and the injured party in the instant case,
John Faddish, was a serviceman in the U.S. Navy.  He served aboard
the U.S.S. Essex from 1958-1961.  Mrs. Faddish alleged that Mr.
Faddish's death from mesothelioma was related to asbestos-
containing Warren Pumps LLC products used aboard the U.S.S. Essex.

Warren moved for summary judgment on two grounds.  First, Warren
asserted that there was no genuine issue of material fact as to
whether Warren products were a substantial contributing factor to
Mr. Faddish's injuries.  Second, Warren asserted that they cannot
be held liable as a successor-in-interest to pumps manufactured by
Quimby Pump Company that were aboard the U.S.S. Essex.

The Panel issued a report and recommendation (R & R) denying
Warren's Motion for Summary Judgment, finding that the combination
of Mr. Faddish's testimony and Mrs. Faddish's expert witness could
lead a reasonable jury to find that Warren products were a
substantial contributing cause to Mr. Faddish's injuries.


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.  Leah
Felisilda, Neil U. Lim, Rousel Elaine Fernandez, Joy A. Agravante,
Ronald Sy, Christopher Patalinghug, Frauline Abangan and Peter A.
Chapman, Editors.

Copyright 2011.  All rights reserved.  ISSN 1525-2272.

This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.

Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.

The CAR subscription rate is $575 for six months delivered via
e-mail.  Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each.  For subscription information, contact Christopher
Beard at 240/629-3300.

                 * * *  End of Transmission  * * *