/raid1/www/Hosts/bankrupt/CAR_Public/111028.mbx
C L A S S A C T I O N R E P O R T E R
Friday, October 28, 2011, Vol. 13, No. 214
Headlines
AMERICAN INT'L: Settles Securities Class Action for $725 Million
ANADYS PHARMA: Being Sold to Hoffman-La Roche for Too Little
BANK OF HAWAII: Gets Initial Okay of "Taulava" Suit Settlement
BIG LOTS: Recalls 375,000 Glider Recliners with Ottomans
CENTRAL EUROPEAN: Bernard M. Gross Files Securities Class Action
CHINA AUTOMOTIVE: Bronstein Gewirtz Files Class Action in N.Y.
CITY OF NAPERVILLE, IL: Sued Over Police Booking Fees
CNS INC: Faces Class Action Over False Claims on Throat Spray
COMVERSE TECHNOLOGY: Issues 12.5-Mil. Shares to Pay Class Deal
EQUATOR LLC: Deceives and Misleads Consumers, Suit Claims
EVERGREEN ENTERPRISES: Recalls 23,400 Pourable Gel Fuel Bottles
GENERAL ELECTRIC: Recalls 470 Gas Rangetops with Grill
GENERAL MILLS: 7th Cir. Tosses "Fiber Plus" Bar Class Action
HANNAFORD BROS: 2007 Data Breach Class Action Can Proceed
HARMONY GOLD: Settlement Approval Hearing Set For November 10
JINKOSOLAR HOLDING: Howard G. Smith Law Firm Files Class Action
OBESITY RESEARCH: Sued Over False Claims on Diet Supplements
ORECK CORP: Sued Over False Claims on Vacuum Cleaners
PHILIP MORRIS: Judge Declares Mistrial in "Lights" Class Action
PROCTER & GAMBLE: Sued Over False Claims on Align OTC Drug
RESEARCH IN MOTION: Sued Over Blackberry Service Disruption
STATE OF FLORIDA: Judge Denies Motion to Certify Medicaid Suit
TRADER JOE'S: Sued Over "All Natural" and "100% Natural" Labels
TWENTIETH CENTURY: Faces Class Action Over Digital Copy Movies
UNITED PARCEL: Settles Class Action Over Shipping Charges
WELLS FARGO: Hagens Berman Joins HAMP Class Action
Asbestos Litigation
ASBESTOS UPDATE: Asbestos Training Offered to South East Workers
ASBESTOS UPDATE: East Midlands Workers to Get Asbestos Training
ASBESTOS UPDATE: Cheshire Workers to Get Free Asbestos Training
ASBESTOS UPDATE: South West Tradesmen to Get Asbestos Training
ASBESTOS UPDATE: Merseyside Tradesmen to Get Asbestos Training
ASBESTOS UPDATE: Welsh Tradesmen to Get Free Asbestos Training
ASBESTOS UPDATE: London Tradesmen to Get Free Awareness Training
ASBESTOS UPDATE: West Midlands Workers to Get Asbestos Training
ASBESTOS UPDATE: East of England Locals to Get Asbestos Training
ASBESTOS UPDATE: Locals Raise Asbestos Concern on Penygraig Fire
ASBESTOS UPDATE: Appeals Court Reverses Ruling in Martin Lawsuit
ASBESTOS UPDATE: Ill. Court Affirms Sublett's Motion to Remand
ASBESTOS UPDATE: Supreme Court Reverses Ruling in Penn's Lawsuit
ASBESTOS UPDATE: Del. Supreme Court OKs Ruling in Price Lawsuit
ASBESTOS UPDATE: Fla. Court Affirms Decision in American Optical
ASBESTOS UPDATE: Lancashire's Tradesmen to Get Asbestos Training
ASBESTOS UPDATE: Yorkshire Tradespeople to Get Asbestos Training
ASBESTOS UPDATE: Manchester's Tradesmen to Get Asbestos Training
ASBESTOS UPDATE: Canterbury Authority Tightens Disposal Measures
ASBESTOS UPDATE: Carlisle Widower Launches GBP150T Payout Claim
ASBESTOS UPDATE: Cleanup at Fremont City School to Cost $178,000
ASBESTOS UPDATE: Phipps Estate Seeks GBP150,000 in Payout Claim
ASBESTOS UPDATE: Cleanup at Norwegian Gov't. Buildings Hits Snag
ASBESTOS UPDATE: East Sussex Hotelier's Death Related to Hazard
ASBESTOS UPDATE: Abatement Ongoing at Libbey High School in Ohio
*********
AMERICAN INT'L: Settles Securities Class Action for $725 Million
----------------------------------------------------------------
The Law Firm of Labaton Sucharow LLP announced a proposed class
action settlement with American International Group, Inc.
To: All persons or entities who purchased or otherwise acquired
publicly-traded securities issued by American International Group,
Inc. during the period from October 28, 1999 through April 1,
2005, inclusive, and who were damaged thereby.
YOU ARE HEREBY NOTIFIED that in In re American International
Group, Inc. Securities Litigation, No. 04 Civ. 8141, the Court has
preliminarily certified a settlement class for purposes of a
proposed partial settlement only and that the Ohio Public
Employees Retirement System, State Teachers Retirement System of
Ohio and Ohio Police & Fire Pension Fund and American
International Group, Inc. have entered into a proposed partial
settlement of $725 million to resolve all claims asserted in the
Action against AIG and certain related defendants. A hearing will
be held before the Honorable Deborah A. Batts, in the United
States District Court for the Southern District of New York,
United States Courthouse, 500 Pearl Street, New York, New York
10007 at 11:00 a.m. on January 31, 2012 to determine whether the
proposed Settlement with AIG should be approved by the Court as
fair, reasonable and adequate, to consider final certification of
the proposed Settlement Class, to consider the application of Lead
Plaintiff's counsel for attorneys' fees and reimbursement of
litigation expenses and to consider the application of Lead
Plaintiff for the reimbursement of costs and expenses. The Court
may change the date of the hearing without providing additional
notice to the Settlement Class Members.
IF YOU PURCHASED OR ACQUIRED AIG SECURITIES DURING THE CLASS
PERIOD DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED BY THE
SETTLEMENT AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT
PROCEEDS. If you are a Settlement Class Member and did not submit
a Proof of Claim in connection with the previously announced
settlement with defendant PricewaterhouseCoopers LLP, in order to
be eligible to share in the distribution of the net proceeds of
the Settlement, you must submit a Proof of Claim no later than
January 23, 2012, establishing that you are entitled to a
recovery. This is also the deadline for submitting a new Proof of
Claim if you did not include all Class Period transactions on your
PwC Proof of Claim that you would like considered in the
calculation of your claim in this Settlement with AIG.
If you are a Settlement Class Member and already filed a complete
Proof of Claim in the PwC Settlement, you must submit a Release
Form no later than January 23, 2012. You will be bound by any
judgment entered in the Action whether or not you make a Claim or
submit a Release Form. If you have not yet received the Notice of
Proposed Settlement, Motion for Attorneys' Fees and Expenses Award
and Fairness Hearing, Proof of Claim form and/or Release Form, you
may obtain copies of these documents by contacting the
Administrator at:
AIG Securities Litigation - Company Settlement
c/o Rust Consulting, Inc.
P.O. Box 8017
Faribault, MN 55021-9417
Telephone: (888) 356-0263 or
E-mail: info@AIGSecuritiesLitigationCompanySettlement.com
Copies of the Notice, Proof of Claim form and Release Form may
also be downloaded from:
http://www.AIGSecuritiesLitigationCompanySettlement.comor
http://www.labaton.com
Inquiries, other than requests for information about the status of
a claim, may also be made to Lead Counsel:
LABATON SUCHAROW LLP
Thomas A. Dubbs, Esq.
Louis Gottlieb, Esq.
140 Broadway
New York, NY 10005
Telephone: (866) 779-0843
E-mail: settlementquestions@labaton.com
Web site: http://www.labaton.com
If you desire to be excluded from the Settlement Class, you must
file a request for exclusion by December 30, 2011, in the manner
and form explained in the Notice. If you request exclusion from
the Settlement Class and later seek to pursue your own action
against AIG and to obtain discovery taken by Lead Counsel (such as
deposition transcripts), then Lead Plaintiff will in all
likelihood seek to file a motion with the Court to obtain advance
payment of reasonable compensation for the Settlement Class for
the costs (including the value of Lead Counsel's time, i.e.
"lodestar") related to such discovery. All members of the
Settlement Class who do not request exclusion will be bound by any
judgment entered in the Action.
Any objection to the proposed Settlement, Plan of Allocation,
application for attorneys' fees and reimbursement of litigation
expenses or the cost and expense application of Lead Plaintiff
must be filed with the Court and delivered to counsel for the
parties no later than December 30, 2011 at the addresses provided
in, and in the manner and form set forth in the Notice.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICEREGARDING
THIS NOTICE.
DATED: October 25, 2011
BY ORDER OF THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF
NEW YORK
(1) Lead Plaintiff has entered into settlement agreements or
contingent settlement agreements with all defendants in the
Action, which have a combined settlement value of $1.0095 billion.
On November 30, 2010, the Court held a fairness hearing on Lead
Plaintiff's proposed $97.5 million settlement with AIG auditor
PricewaterhouseCoopers LLP which was subsequently approved. Lead
Plaintiff has also reached a $115 million contingent settlement
agreement with former AIG CEO Maurice "Hank" Greenberg and related
defendants, which was filed with the Court on January 6, 2011.
Finally, Lead Plaintiff has reached a proposed $72 million
settlement with General Reinsurance Corporation. On September 10,
2010, the Court issued an Order dismissing the class claims
against Gen Re. On October 21, 2010, Lead Plaintiff filed a
notice indicating that it will appeal the Court's September 10
Order.
ANADYS PHARMA: Being Sold to Hoffman-La Roche for Too Little
------------------------------------------------------------
Courthouse News Service reports that shareholders say Anadys
Pharmaceuticals is selling itself too cheaply to Hoffman-La Roche,
for $230 million or $3.70 a share.
A copy of the Complaint in Maestro v. Anadys Pharmaceuticals,
Inc., et al., Case No. 37-2011-0009985 (Calif. Super. Ct., San
Diego Cty.), is available at:
http://www.courthousenews.com/2011/10/25/SCA.pdf
The Plaintiff is represented by:
Christopher B. Hayes, Esq.
FARUQI & FARUQI, LLP
1901 Avenue of the Stars, Second Floor
Los Angeles, CA 90067
Telephone: (310) 461-1426
E-mail: valexander@faruqilaw.com
chayes@faruqilaw.com
- and -
Nadeem Faruqi, Esq.
Juan E. Monteverde, Esq.
FARUQI & FARUQI, LLP
369 Lexington Ave., Tenth Floor
New York, NY 10017
Telephone: (212) 983-9330
E-mail: nfaruqi@faruqilaw.com
jmonteverde@faruqilaw.com
BANK OF HAWAII: Gets Initial Okay of "Taulava" Suit Settlement
--------------------------------------------------------------
The court gave a preliminary approval of Bank of Hawaii
Corporation's agreement to settle a purported class action lawsuit
pending in Hawaii, according to the Company's October 24, 2011,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended September 30, 2011.
On February 15, 2011, a purported class action lawsuit was filed
in the Circuit Court of the First Circuit, State of Hawaii, by
plaintiffs Lodley and Tehani Taulava, on behalf of themselves and
customers who claimed that the Bank had improperly charged
overdraft fees on debit card transactions. On July 15, 2011, the
Company reached a tentative settlement with the plaintiffs,
subject to documentation and court approvals. The settlement
provided for a payment by the Company of $9.0 million into a class
settlement fund, the proceeds of which will be used to refund
class members and to pay attorneys' fees and administrative and
other costs, in exchange for a complete release of all claims
asserted against the Company. In September 2011, the court gave
its initial approval to the settlement and the $9.0 million
settlement amount was paid to the Fund Administrator.
BIG LOTS: Recalls 375,000 Glider Recliners with Ottomans
--------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Big Lots, of Columbus, Ohio, announced a voluntary recall of about
375,000 units of Microfiber Glider Recliners with Ottomans and
Leather Glider Recliners with Ottomans. Consumers should stop
using recalled products immediately unless otherwise instructed.
It is illegal to resell or attempt to resell a recalled consumer
product.
An exposed gap between the moving parts of the chair and the base
framework can allow access to toddlers and infants, posing an
entrapment hazard. In addition, other exposed moving parts on the
chair and the ottoman can pose finger pinching and crushing
hazards to older children and adults.
CPSC received two reports of children under age two who were found
trapped at the neck between horizontal components of the frame at
the back of the chair. In both incidents, adults were able to
release the children who suffered no permanent injuries.
The Microfiber Glider Recliner and Leather Glider Recliner are
reclining glider/rocking chairs on a swivel base. Both the chair
and ottoman sit on circular metal bases made from 1.25 inch metal
tubing and have cushions covered in either light brown or green
microfiber fabric or dark brown simulated leather fabric. A label
under the seat of the chair identifies the manufacturer as
Dongguan Shindin Metal & Plastic Products Ltd. There is a small
label on the front metal rod under the seat that states "Maximum
wt load 250 lbs." Pictures of the recalled products are available
at:
http://www.cpsc.gov/cpscpub/prerel/prhtml12/12019.html
The recalled products were manufactured in China and sold at Big
Lots stores nationwide from January 2005 through December 2009 for
about $170.
Consumers should immediately stop using the chairs and contact Big
Lots for a free repair kit that covers the base framework and the
moving parts of the chair and ottoman. For additional
information, contact Big Lots toll-free at (866) 244-5687 between
9:00 a.m. and 5:00 p.m. Eastern Time Monday through Friday or
visit the firm's Web site at http://www.biglots.com/
CENTRAL EUROPEAN: Bernard M. Gross Files Securities Class Action
----------------------------------------------------------------
Law Offices Bernard M. Gross, P.C. filed a class action lawsuit in
the United States District Court, District of New Jersey,
11cv06247, before Judge Jerome Simandle, on behalf of all persons
who purchased or otherwise acquired the common stock of Central
European Distribution Corp. between August 5, 2010, and
February 28, 2011, against the Company, William Carey and
Christopher Biedermann for violation of the Securities Exchange
Act of 1934.
If you wish to serve as lead plaintiff, you must move the Court no
later than December 23, 2011. Any member of the purported class
may move the Court to serve as lead plaintiff through counsel of
its choice, or may choose to do nothing and remain an absent class
member. If you wish to discuss this action or any questions
concerning this notice, please contact plaintiff's counsel,
Deborah R. Gross or Susan R. Gross at 866-561-3600 or via e-mail
at debbie@bernardmgross.com or susang@bernardmgross.com
A copy of the complaint can be viewed at
http://www.bernardmgross.com
CEDC is one of the largest producers of vodka in the world. The
Complaint alleges that throughout the Class Period, defendants
failed to disclose that CEDC had double digit declines in its
Vodka portfolio and its loss of market share in Poland was growing
steeper as discounters were taking shares; the seriousness in the
market share declines required that CEDC take an impairment charge
which defendants caused CEDC not to record on a timely basis; and
the launch of the new product, Zubrowka Biala, with significant
market spending in the form of rebates, was having a materially
adverse effect on gross margin and impacted the channel mix in the
market.
On March 1, 2011, CEDC announced its results for the full year
2010, surprising the market and reporting a net loss from
continuing operations on a U.S. Generally Accepted Accounting
Principles basis for the year of $92.9 million, or $1.32 per
share, as compared to a net profit of $72.7 million, or $1.35 per
share, for 2009. Then, defendants held a conference call with
analysts and investors, wherein disclosed for the first time was a
Russian excise tax issue in production. Defendants had a dispute
with authorities on an old excise stamp count, which resulted in
the loss of two weeks of limited production runs, with one week
having nothing produced in the middle of November, their "key
selling period." In response to the unexpected earnings
announcement, shares of the Company's stock fell $8.52, or more
than 37%, to close at $14.33 per share, on extremely heavy trading
volume.
Plaintiffs are represented by Law Offices Bernard M. Gross, P.C.
The firm has expertise in prosecuting investor class actions and
extensive experience in actions involving financial fraud.
Any questions, Please Contact:
Susan R. Gross, Esq.
Deborah R. Gross, Esq.
Law Offices Bernard M. Gross, P.C.
Telephone: 866-561-3600 (toll free)
E-mail: susang@bernardmgross.com
debbie@bernardmgross.com
CHINA AUTOMOTIVE: Bronstein Gewirtz Files Class Action in N.Y.
--------------------------------------------------------------
Bronstein Gewirtz & Grossman, LLC on Oct. 25 disclosed that it has
filed a class action complaint in the United States District Court
for the Southern District of New York on behalf of purchasers of
the common stock of China Automotive Systems, Inc. between
March 25, 2010, through and including March 17, 2011.
The Complaint charges that China Automotive and certain of its
officers and directors violated federal securities laws.
Specifically, the Complaint alleges that defendants failed to
disclose the following: (1) the Company improperly accounted for
its convertible notes issued on February 15, 2008; (2) that, as a
result, the Company's financial results were incorrectly stated
during the Class Period; (3) that the Company's financial results
were not prepared in accordance with Generally Accepted Accounting
Principles ("GAAP"); (4) that the Company lacked adequate internal
and financial controls; and (5) that, as a result of the above,
the Company's financial statements were materially false and
misleading at all relevant times.
Shares of China Automotive dropped from a close of $10.23 per
share on March 16, 2011 to a closing price of $8.81 per share on
March 17, 2011, on news it expected to restate its financials. On
March 17, 2011, the Company's audit committee of the board of
directors stated it would delay its annual financial statement and
would need to restate all previously issued financial statements
for the fiscal year 2009 and the first three quarters of 2010 and
that these financial statements should no longer be relied upon.
On March 18, 2011, the company announced that it received a letter
from the NASDAQ stating that the company is no longer in
compliance with NASDAQ Marketplace rules.
No Class has yet been certified in the above action. If you wish
to review a copy of the Complaint, to discuss this action, or have
any questions, please contact either Peretz Bronstein or
Eitan Kimelman of Bronstein, Gewirtz & Grossman, LLC at
212-697-6484 or via e-mail eitan@bgandg.com
Those who inquire by e-mail are encouraged to include their
mailing address and telephone number. December 23, 2011 is the
deadline for investors to seek a lead plaintiff appointment.
Bronstein, Gewirtz & Grossman, LLC is a corporate litigation
boutique. The firm's primary expertise is the aggressive pursuit
of both class and individual litigation claims on behalf of our
clients. In addition to representing institutions and other
investor plaintiffs in class action security litigation, the
firm's expertise includes general corporate work, litigation and
securities arbitration.
CITY OF NAPERVILLE, IL: Sued Over Police Booking Fees
-----------------------------------------------------
Bill Bird, writing for Naperville Sun, reports that a federal
class action lawsuit has been filed against the city of Naperville
over a fee assessed of those arrested and charged with crimes, a
fee that generated just under $100,000 over a 15-month period.
Attorneys representing Naperville resident Michael G. Roehl filed
the lawsuit in U.S. District Court in Chicago, following
Mr. Roehl's acquittal earlier this summer on a drunken-driving
charge.
The seven-page complaint, filed Oct. 11, seeks the return of the
$50 "jail intake booking fee" paid by Mr. Roehl and others since
October 2009, when the new policy went into effect. It also seeks
to have the city pay interest on those fees and have a judge
declare the policy unconstitutional.
Records on file in DuPage County Circuit Court in Wheaton
indicated Naperville police on Feb. 13 arrested Mr. Roehl on
charges of driving under the influence of alcohol, reckless
driving, driving without insurance, improper lane use,
disregarding a stop sign and speeding. Mr. Roehl on Aug. 23
pleaded guilty to the speeding charge, records showed.
A judge that day placed Mr. Roehl, 52, on six months of
conditional discharge, ordered him to undergo "Level One
counseling" for drunken-driving and fined him $1,000, according to
records. The remaining five counts -- including the DUI charge --
were dismissed.
Mr. Roehl, on the day of his arrest, was taken to the police
station to be photographed, fingerprinted and processed.
"Upon being booked, a $50 booking fee was collected from (him) for
Naperville's use and benefit," the lawsuit declared. Mr. Roehl
received a receipt, which stated the fee was "required," the suit
indicated.
After Mr. Roehl was found not guilty of DUI, his $50 was "not
returned to him," the complaint stated. He "was not provided with
any means to get his funds back," nor has the city refunded the
fee or otherwise "compensated him for the consequences of taking
his money."
Naperville officials on June 2, 2009, enacted Municipal Code 10-8-
1, according to the lawsuit. It requires police to charge an
"administrative fee" of $50 "for the processing of bail or bond of
an individual in any legal process, civil or criminal, or on an
any bookable arrest, including any arrest on a warrant," the suit
declared.
The city's Web site indicated the new policy was implemented on
Oct. 1, 2009. Naperville collected $27,350 in booking fees from
October 1, 2009, through the end of that year and another $71,605
during the 2010 calendar year, the complaint indicated.
The policy further authorizes the city "to convert the money
collected as a booking fee for its use and benefit without . . . a
pre-deprivation hearing or any other opportunity for the arrestee
to contest" that cost, the suit stated.
"There is no reimbursement policy. Thus, even if the arrestee's
criminal charges are dropped or the arrestee is ultimately
acquitted, Naperville keeps the booking fee," according to the
litigation.
Assessing the fee further violates Mr. Roehl's rights under the
Fourteenth Amendment to the U.S. Constitution because it "does not
provide him with adequate notice of the seizure and conversion of
his property . . .; does not provide an opportunity to object to
(that) seizure . . .; and does not provide any type of hearing
prior to the deprivation of the property," the lawsuit declared.
"Furthermore, there are no procedural safeguards guaranteeing that
Mr. Roehl's property (or anyone else's) will be returned if he is
not charged, not prosecuted, or if he is acquitted."
Oakbrook Terrace-based attorney Vincent L. DiTommaso is one of
several lawyers representing Roehl in the suit. Mr. DiTommaso on
Oct. 21 verified the contents of the complaint but declined to
comment further.
Mark A. Scarlato, Naperville's senior assistant city attorney,
said on Oct. 24 municipal officials have seen a copy of the
lawsuit. "We don't believe that the allegations contained in the
complaint are accurate," Mr. Scarlato said.
Collection of the booking fee "strictly addresses the
administrative cost of processing arrestees," Mr. Scarlato said.
"It is a significant cost that should not be borne by the
taxpayers, and we shifted it to the individuals being arrested."
"This is not some money-making scheme" on the part of the city,
Mr. Scarlato said when asked if the fee was implemented as a
revenue-generator during difficult economic times. "It's a
minimal fee that addresses the arresting and processing cost for
an individual."
When asked about the fee assessment's alleged violation of the
Fourteenth Amendment, Mr. Scarlato said simply, "We do not believe
it violates individual rights."
The matter returns to court Dec. 14 before U.S. District Judge
George W. Lindberg.
CNS INC: Faces Class Action Over False Claims on Throat Spray
-------------------------------------------------------------
Joe Harris at Courthouse News Service reports that GlaxoSmithKline
subsidiary CNS pushes its "Breathe Right Snore Relief" throat
spray with false claims, according to a class action in St. Clair
County Court.
Named plaintiff Justin Swires says CNS makes a series of false
claims for its product, that it: "(1) reduces loudness and
frequency of snoring; (2) provides '30 quite [sic, recte quiet]
nights'; (3) 'can help 85% of snorers get relief'; and (4)
'lubricates throat tissues to minimize vibrations and control the
snoring sound.' However, in truth and fact, Snore Relief does
none of these things."
Mr. Swires says the ads violate the Illinois Consumer Fraud and
Deceptive Business Practices Act.
"CNS has no scientific or otherwise legitimate basis for making
any of its efficacy claims," the complaint states. "As such,
these claims are unfair, unjust, and deceptive."
Mr. Swires seeks class damages and disgorgement of all the money
that class members paid for Breathe Right Snore Relief.
The complaint consistently misspells "Breathe Right" as "Breath
Right."
Defendant CNS has no relationship with Courthouse News Service.
A copy of the Complaint in Swires v. CNS, Inc., Case No. 11L587
(Ill. Cir. Ct., St. Clair Cty.), is available at:
http://www.courthousenews.com/2011/10/25/Snore.pdf
The Plaintiff is represented by:
John E. Campbell, Esq.
Erich V. Vieth, Esq.
Ryan A. Keane, Esq.
THE SIMON LAW FIRM, P.C.
800 Market Street, Suite 1700
St. Louis, MO 63101
Telephone: (314) 241-2929
E-mail: jcampbell@simonlawpc.com
evieth@simonlawpc.com
rkeane@simonlawpc.com
COMVERSE TECHNOLOGY: Issues 12.5-Mil. Shares to Pay Class Deal
--------------------------------------------------------------
According to Comverse Technology, Inc.'s October 24, 2011, Form 8-
K filing with the U.S. Securities and Exchange Commission, the
Company elected to issue 12,462,236 shares of its common stock on
October 21, 2011, to pay $82.5 million of the remaining amounts
payable under the agreement to settle the consolidated shareholder
class action entered into on December 16, 2009, and amended on
June 19, 2010 (as so amended, the "Settlement Agreement").
As previously reported, beginning on April 19, 2006, class action
lawsuits were filed by persons identifying themselves as CTI
shareholders, purportedly on behalf of a class of CTI's
shareholders who purchased its publicly traded securities. Two
actions were filed in the United States District Court for the
Eastern District of New York, and three actions were filed in the
United States District Court for the Southern District of New
York. On August 28, 2006, the actions pending in the United
States District Court for the Southern District of New York were
transferred to the United States District Court for the Eastern
District of New York. A consolidated amended complaint under the
caption In re Comverse Technology, Inc. Sec. Litig., No. 06-CV-
1825, was filed by the court-appointed Lead Plaintiff, Menorah
Group, on March 23, 2007. The consolidated amended complaint was
brought on behalf of a purported class of CTI shareholders who
purchased CTI's publicly traded securities between April 30, 2001,
and November 14, 2006. The complaint named CTI and certain of its
former officers and directors as defendants and alleged, among
other things, violations of Sections 10(b) and 14(a) of the
Exchange Act, Rule 10b-5 promulgated thereunder and Section 20(a)
of the Exchange Act in connection with prior statements made by
CTI with respect to, among other things, its accounting treatment
of stock options. The action sought compensatory damages in an
unspecified amount.
In accordance with the terms of the Settlement Agreement, the
value of the shares of the Company's common stock to be issued was
determined based on the ten-day average of the closing prices of
such shares prior to the Company's election. Such shares of the
Company's common stock will be issued pursuant to an exemption
from the registration requirements of the Securities Act of 1933,
as amended, afforded by Section 3(a)(10) thereof and will not be
registered under that Act.
Under the Settlement Agreement, the Company agreed to pay an
aggregate amount of $165.0 million less a credit for the amount
that would have been payable to a class member that elected not to
participate in and be bound by the Settlement Agreement (the "Opt-
Out Credit"). As previously disclosed in the Company's Quarter
Report on Form 10-Q for the fiscal quarter ended July 31, 2011,
which was filed with the Securities and Exchange Commission on
September 8, 2011 (the "July 31, 2011 Form 10-Q"), the Company
made settlement payments of $51.9 million in cash and applied a
holdback of $3.9 million in respect of the Opt-Out Credit through
May 15, 2011.
On October 17, 2011, the Company made an additional settlement
payment of $20.0 million in cash, leaving a balance of $92.5
million (less the remaining Opt-Out Credit) payable on or before
November 15, 2011, of which $82.5 million will be paid using
shares of the Company's common stock and the remainder will be
paid in cash. Additional information concerning the consolidated
class action and the Settlement Agreement is contained in the
July 31, 2011 Form 10-Q.
EQUATOR LLC: Deceives and Misleads Consumers, Suit Claims
---------------------------------------------------------
Anthony Daniels, individually, and on behalf of other members of
the general public similarly situated v. Equator, LLC, a
California Limited Liability Company; REOTrans, LLC, a California
Limited Liability Company, Case No. CGC-11-514628 (Calif. Super.
Ct., San Francisco Cty., September 26, 2011) is brought on behalf
of a class of all persons in the United States of America, who
paid for Short Sale and Real Estate Owned Certification Programs
sold by the Defendants.
In offering their certification programs, the Plaintiff alleges
that the Defendants have made false, deceptive, and misleading
advertising statements, and material omissions concerning the
advantages that the Short Sale and Real Estate Owned Certification
Programs allegedly provide, including misleading statements about
the advantages of acquiring business leads in the form of short
sale and REO listings from lenders, servicers, homeowners, and
asset managers.
Mr. Daniels is a resident of San Francisco County, California. He
has been a real estate agent since December 2004 with a
concentration on REO properties.
Equator, formerly known as REOTrans, is a California LLC engaged
in sales throughout the county, the state of California and the
various states of the United States of America. The Defendant is
headquartered in Los Angeles, California.
Equator removed the lawsuit on October 24, 2011, from the Superior
Court of the state of California, County of San Francisco, to the
United States District Court for the Northern District of
California. Equator argues that the removal is proper because at
least one plaintiff or putative class member is a citizen of a
state in which none of the Defendants are citizens. The District
Court Clerk assigned Case No. 3:11-cv-05182 to the proceeding.
The Plaintiff is represented by:
Gene Franklin Williams, Esq.
David Michael Medby, Esq.
Sue Jin Kim, Esq.
INITIATIVE LEGAL GROUP APC
1800 Century Park East, 2nd Floor
Los Angeles, CA 90067
Telephone: (310) 556-5637
Facsimile: (310) 861-9051
E-mail: GWilliams@InitiativeLegal.com
DMedby@InitiativeLegal.com
SKim@InitiativeLegal.com
- and -
Payam Shahian, Esq.
Ramtin Shahian, Esq.
STRATEGIC LEGAL PRACTICES, APC
1875 Century Park East, Suite 700
Los Angeles, CA 90067
Telephone: (310) 277-1040
Facsimile: (310) 943-3838
E-mail: pshahian@slpattorney.com
- and -
Oren S. Giskan, Esq.
GISKAN SOLOTAROFF ANDERSON & STEWART LLP
11 Broadway, Suite 2150
New York, NY 10004
Telephone: (212) 847-8315
Facsimile: (646) 520-3237
E-mail: ogiskan@gslawny.com
Equator is represented by:
James M. Burgess, Esq.
Paul Seeley, Esq.
Richard DeLossa, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
1901 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067
Telephone: (310) 228-3700
E-mail: jburgess@sheppardmullin.com
pseeley@sheppardmullin.com
rdelossa@sheppardmullin.com
EVERGREEN ENTERPRISES: Recalls 23,400 Pourable Gel Fuel Bottles
---------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
distributor, Evergreen Enterprises, Richmond, Virginia, and
manufacturer, 2 Burn Inc., of Milwaukee, Wisconsin, announced a
voluntary recall of about 23,400 bottles of Fireside Gel Fuel.
Consumers should stop using recalled products immediately unless
otherwise instructed. It is illegal to resell or attempt to
resell a recalled consumer product.
The pourable gel fuel can ignite unexpectedly and splatter onto
people and objects nearby when it is poured into a firepot that is
still burning. This hazard can occur if the consumer does not see
the flame or is not aware that the firepot is still ignited. Gel
fuel that splatters and ignites can pose fire and burn risks to
consumers that can be fatal.
Evergreen Enterprises is not aware of any reports of incidents
involving Fireside Gel Fuel.
This recall involves pourable gel fuels packaged in 30-ounce
plastic bottles and sold with or without citronella oil. The
words "Fireside," "Gel Fuel," "Evergreen" and "Flag & Garden" are
on the container labels. The bottles were sold by the case in
quantities of 12. The gel fuel is poured into a stainless steel
or ceramic cup in the center of ceramic or glass firepots or other
decorative lighting devices and ignited. The following products
are being recalled:
Name of product Size Model Number UPC
--------------- ---- ------------ ----
Fireside Gel Fuel 30-ounce 5G001 746851581199
(case of 12)
Fireside Gel 30-ounce 5G002 746851581205
Fuel-Citronella (case of 12)
Pictures of the recalled products are available at:
http://www.cpsc.gov/cpscpub/prerel/prhtml12/12020.html
The recalled products were manufactured in United States of
America and sold at independent retailers from December 2010
through September 2011 for between $9.99 and $11.99
Consumers should immediately stop using the pourable gel fuel and
return the gel fuel to the company for a full refund. For
additional information, contact Evergreen Enterprises toll-free at
(877) 558-1511 between 8:30 a.m. and 5:30 p.m. Eastern Time Monday
through Friday, or visit the company's Web site at
http://www.myevergreen.com/
For more information about gel fuels, please see:
News Release: Nine Manufacturers, Distributors Announce Consumer
Recall of Pourable Gel Fuel Due to Burn and Flash
Fire Hazards (Sept. 1, 2011)
[http://www.cpsc.gov/cpscpub/prerel/prhtml11/11315.html]
News Release: Napa Home & Garden Recalls NAPAfire and FIREGEL
Pourable Gel Fuel Due to Fire and Burn Hazards
(June 22, 2011)
[http://www.cpsc.gov/cpscpub/prerel/prhtml11/11255.html]
OnSafety Blog: Stop Using Pourable Gel Fuels (June 22, 2011)
[http://www.cpsc.gov/onsafety/2011/09/stop-using-pourable-gel-fuels/]
Alert: Press Statement on Gel Fuels and Other Illuminating Fuels
(June 14, 2011)
[http://www.cpsc.gov/PR/fuels06142011.html]
GENERAL ELECTRIC: Recalls 470 Gas Rangetops with Grill
------------------------------------------------------
The U.S. Consumer Product Safety Commission and Health Canada, in
cooperation with importer, General Electric - Appliances, of
Louisville, Kentucky, and manufacturer Leiser, Mexico, announced a
voluntary recall of about 470 units of GE Monogram(R) Pro Rangetop
with Grill. Consumers should stop using recalled products
immediately unless otherwise instructed. It is illegal to resell
or attempt to resell a recalled consumer product.
Burners on Rangetops operating on liquefied petroleum ("LP" or
propane) may fail to ignite or light if the gas control knob is
left in a position between OFF and LITE, posing a risk of delayed
ignition or explosion.
GE has received six reports involving explosions in units
operating on LP gas, including reports of damage to kitchen
cabinets beneath the Rangetop. No fires or injuries have been
reported.
The Grill units operate on liquefied petroleum ("LP" or propane)
or natural gas. The Rangetop units are either 36 or 48 inches
wide with a stainless steel finish and the GE Monogram(R) badge
located on the front center of the unit. The burner control knobs
are located on the front panel that overhangs the cabinet. The
model and serial numbers can be found on a label located behind
the far left burner knob, or on the bottom of the unit.
The following models and serials are included in this recall:
Model Number Begins With:
---------------------------- And Serial Number
Brand LP Model Natural Gas Model Begins With:
----- ---------------------------- -----------------
Monogram(R) ZGU364LRP ZGU364NRP AS, AT, AV, DS, DT,
ZGU484LGP ZGU484NGP DV, FS, FT, FV, GS,
ZGU486LRP ZGU486NRP GT, GV, HR, HS, HT,
HV, LR, LS, LT, LV,
MR, MS, MT, RR, RS,
RT, SR, SS, ST, TR,
TS, TT, VR, VS, VT,
ZR, ZS, ZT
All LP models and only natural gas models that have been converted
for use with LP gas are included in the recall. GE will notify
known owners of natural gas units and provide a free repair for
any consumers who converted their Rangetop with Grill to LP gas.
Pictures of the recalled products are available at:
http://www.cpsc.gov/cpscpub/prerel/prhtml12/12021.html
The recalled products were manufactured in Mexico and sold by
General Electric authorized representatives and distributors
nationwide from May 2008 through August 2011 for between $3,400
and $4,700, as determined by retailers.
Consumers who are operating the product on LP (propane) gas should
stop using the product immediately, turn off the gas supply to the
product, and contact GE to schedule a free repair. For additional
information, contact General Electric toll-free at (866) 645-3956
between 8:00 a.m. and 5:00 p.m. Eastern Time Monday through
Friday, or visit the firm's Web site at
http://www.geappliances.com/products/recall/
GENERAL MILLS: 7th Cir. Tosses "Fiber Plus" Bar Class Action
------------------------------------------------------------
Joe Celentino at Courthouse News Service reports that the United
States Court of Appeals for the Seventh Circuit threw out a class
action that claimed General Mills and Kellogg lied about the
health benefits of the fiber in several of their chewy nutritional
bars.
Lead plaintiff Carolyn Turek had alleged that type of fiber used
in several General Mills and Kellogg food products offered limited
health benefits, can cause stomach problems and is harmful to
women who are pregnant or breast-feeding. She said the lies
amounted to violations of the Illinois Consumer Fraud and
Deceptive Business Practices Act.
Kellogg's chocolate-chip "Fiber Plus" bar, for example, contains
inulin, a "non-natural" fiber extracted from the chicory root,
Ms. Turek claimed. Yet, the product's label prominently touts all
nine grams of "dietary fiber" as 35% of one's daily value. Such
claims misstate the value of inulin, Ms. Turek alleged.
But an Illinois federal judge ruled that the Nutrition Labeling
and Education Act of 1990 pre-empts Ms. Turek's state-law claims.
While states can impose regulations and enforce violations under
state law, all regulations must be identical to restrictions under
federal law.
The 7th Circuit affirmed last week.
"It is easy to see why Congress would not want to allow states to
impose disclosure requirements of their own on packaged food
products, most of which are sold nationwide," Judge Richard Posner
wrote for the court. "Manufacturers might have to print 50
different labels, driving consumers who buy food products in more
than one state crazy."
But federal law does not require disclosure that the fiber in the
product is inulin, barring the disclaimers Ms. Turek said the
nutritional labels were lacking.
"Maybe such disclaimers would be a good thing (an issue on which
we take no position) and the FDA should require them, but that is
irrelevant to this appeal," Judge Posner wrote.
The three-judge panel included its own disclaimer. "Although the
procedural posture of the case requires us to assume the truth of
the plaintiff's allegations, we of course do not vouch for their
truth, which the defendants vigorously contest," Judge Posner
wrote.
A copy of the decision in Turek v. General Mills, Inc., No. 10-
3267 (7th Cir.), is available at:
http://www.ca7.uscourts.gov/tmp/CF1CMTEL.pdf
HANNAFORD BROS: 2007 Data Breach Class Action Can Proceed
---------------------------------------------------------
Jaikumar Vijayan, writing for Computerworld, reports that in a
rare instance of a court siding with consumers in a data breach
lawsuit, a federal appeals court has cleared the way for a class-
action lawsuit to proceed against grocery chain Hannaford Bros.
over a 2007 data breach that exposed millions of customers' credit
and debit card numbers.
The U.S. Court of Appeals for the First Circuit last week ruled
that consumers who took proactive steps to protect themselves
against fraud and identity theft in the wake of the breach may
seek compensation for their expenses from Hannaford.
The decision overturns an earlier decision by a district court in
Maine which had held that consumers could not seek compensation
from Hannaford because their alleged injuries stemming from the
breach were too speculative and unforeseeable.
The ruling is noteworthy because "up until this point, many if not
most courts have dismissed these consumer class actions on the
basis that consumers did not have standing or the damages were too
speculative," said Scott Vernick, an attorney in the Philadelphia
office of Fox Rothschild.
But it could be a mistake to read too much into the decision,
because it pertains to a somewhat specific set of circumstances,
he added.
A Hannaford spokesman said the company does not want to comment on
the ruling because there are still some issues under litigation.
The lawsuit, John Anderson et al. v. Hannaford Bros. Co., stems
from a data breach at Hannaford that exposed 4.2 million credit
and debit cards. The theft began in December 2007 but was not
detected and disclosed by the company until March 2008. At the
time of the disclosure, Scarborough, Maine-based Hannaford said it
had detected about 1,800 of the compromised cards being used in a
fraudulent manner. The company's disclosure prompted several
banks to cancel and reissue credit and debit cards as a
precautionary measure against fraudulent use.
Hannaford's disclosure of the breach also prompted several
consumer class-action lawsuits. In all, 26 of those lawsuits were
consolidated into one lawsuit in the U.S. District Court for the
District of Maine. The lawsuit charged Hannaford with breach of
implied contract, negligence, violation of Maine's unfair trade
practices statute and four other causes of action.
The district court, like several other courts in similar cases,
dismissed all but one of the claims. The only complaint that was
allowed to stand was from a woman who said she had not been
reimbursed by her bank for fraudulent charges on her bank account
after the Hannaford breach.
Consumers with no fraudulent charges posted to their accounts
could not seek damages under Maine law; neither could those who
might have had fraudulent charges on their accounts that were
later reversed, the district court judge had ruled.
In its ruling last week, the appellate court agreed with the
district court's decision on almost all counts. However, it held
that consumers who paid for credit monitoring services or to get
their banks to reissue cards as a proactive security measure had a
basis for making a claim against Hannaford.
"When a customer uses a credit card in a commercial transaction,
she intends to provide that data to the merchant only," the court
wrote in its opinion.
"Ordinarily, a customer does not expect -- and certainly does not
intend -- the merchant to allow unauthorized third-parties to
access that data. A jury could reasonably conclude, therefore,
that an implicit agreement to safeguard the data is necessary to
effectuate the contract."
While the ruling is important, it only addresses the actual out-
of-pocket costs that some consumers experienced as a result of the
breach, Mr. Vernick said.
Many similar consumer class-action lawsuits have sought
compensation for the alleged time and effort people needed to
spend to get their cards reissued, change bank accounts, or sign
up for credit monitoring services.
The appellate court's decision does not allow consumers to pursue
damages that are largely speculative, Mr. Vernick said. "If you
are the victim of a data breach, and there is a general threat of
financial fraud or ID theft, you will still have a hard time
recovering" damages from the breached entity, he said.
HARMONY GOLD: Settlement Approval Hearing Set For November 10
-------------------------------------------------------------
The hearing on the approval of the settlement resolving a class
action lawsuit against Harmony Gold Mining Company Limited is
currently scheduled for November 10, 2011, according to the
Company's October 24, 2011, Form 20-F filing with the U.S.
Securities and Exchange Commission for the year ended June 30,
2011.
As previously reported, there is a pending class action lawsuit in
the United States District Court for the Southern District of New
York, in the United States of America, whereby certain holders of
American Depositary Receipt ("ADR") are seeking damages against
the Company pertaining to its business practices for the period
April 7, 2007, to August 6, 2007.
Subsequent to June 30, 2011, the Company came to a mutually
acceptable settlement with the class plaintiffs in the pending
class action. The settlement requires the court's approval and,
if approved by the Court, and by the appellate court if appealed,
will result in the dismissal of all claims against the Company as
to all members of the Class. The hearing on the settlement
approval is currently scheduled for November 10, 2011. The
Company's insurers have undertaken to pay the settlement pursuant
to the terms of a directors' and officers' insurance contract."
JINKOSOLAR HOLDING: Howard G. Smith Law Firm Files Class Action
---------------------------------------------------------------
On October 21, 2011, a law firm in Pennsylvania announced that it
has filed a class action lawsuit on behalf of investors who
purchased shares in JinkoSolar Holding Company Ltd. (Shanghai,
China).
The suit by the Law Offices of Howard G. Smith (Bensalem,
Pennsylvania) is based on the loss of share values after a
fluoride leak from JinkoSolar's manufacturing facility in Haining,
China, which led to an angry protest and temporary shutdown of the
facility.
JinkoSolar shares lost 42% of value in one week.
The lawsuit covers shareholders who purchased their shares between
the time of JinkoSolar's initial public offering on May 13, 2010,
and September 21, 2011.
A statement by the Law Offices of Howard G. Smith alleges that
JinkoSolar U.S. shares lost 42% of their value in a single week,
in part due to these circumstances. The firm notes that
JinkoSolar had stated in regulatory filings that it was in full
compliance with all Chinese environmental regulations.
The class action lawsuit was filed in U.S. District Court in the
Southern District of New York. Potential participants may retain
legal counsel of their choice, and have 60 days from October 11,
2011, to move for lead plaintiff status.
JinkoSolar notes that it has taken a number of steps since the
incident to provide for environmental remediation and to improve
its waste storage practices and policies to assure that such
incidents do not occur in the future.
OBESITY RESEARCH: Sued Over False Claims on Diet Supplements
------------------------------------------------------------
Courthouse News Service reports that a class action claims the
Obesity Research Institute makes claims "too good to be true" for
its drugs/diet supplements Lipozene and MetaboUp.
A copy of the Complaint in Corby v. Obesity Research Institute,
LLC, et al., Case No. 37-2011-00099927 (Calif. Super. Ct., San
Diego Cty.), is available at:
http://www.courthousenews.com/2011/10/25/Obesity.pdf
The Plaintiff is represented by:
Derrick F. Coleman, Esq.
COLEMAN FROST LLP
429 Santa Monica, CA 90401
Telephone: (310) 576-7312
ORECK CORP: Sued Over False Claims on Vacuum Cleaners
-----------------------------------------------------
Matt Reynolds at Courthouse News Service reports that Oreck
markets its "flu-fighting" vacuum cleaners and air purifiers with
false claims that they can "eliminate common viruses, germs and
allergens, thereby helping to prevent the illnesses they cause,"
consumers say in a federal class action.
"Defendants represented to consumers that the products used
scientifically proven technology to eliminate common viruses,
germs and allergens, thereby helping to prevent the illnesses they
cause," the complaint states. "However, these representations
were false, deceptive and inaccurate. As such, Oreck's actions
violated the Magnum Moss Warranty Act ('MMWA'), breached express
warranties made by defendants, breached implied contractual
warranties imposed by law, violated numerous California consumer
protection statutes, and violated New York consumer protection
statutes and common laws."
Lead plaintiffs Roxy Edge and Linda Gonzalez sued Oreck Corp. and
three Oreck LLCs. They say the Nashville-based company cannot
back up its claims that its vacuum cleaners and air-purifiers can
"kill" bacteria and viruses.
Oreck claims that its Halo brand upright vacuum cleaner is
"different from an ordinary upright vacuum" because of its "light
chamber."
According to Oreck's ads, the product "'creates a powerful
germicidal wavelength of UV-C light that can kill and reduce up to
99.9% of germs and bacteria helping you give your floors a
healthier clean,'" the complaint states.
It continues: "This functionality was depicted in a number of
different ways throughout Oreck's many advertising mediums. One
such advertisement showed a man in a lab coat (apparently lending
credence to Oreck's claims of scientific testing) vacuuming a
floor surface with the Halo. Other advertisements featured the
Halo eliminating simulated germs, bacteria and dust mite eggs
below a carpeted floor surface. According to defendants, all of
this was accomplished in less than one second of exposure to the
light emitted from the Halo. One of Oreck's printed
advertisements claimed that, 'when the light is on, germs are
gone.'"
Oreck boasts of a similar "UV-C light" function for three lines of
its air purifiers.
"In this product, Oreck didn't claim that the UV-C light, dubbed
the 'Helios Shield,' killed germs, bacteria, molds, or viruses
like the Halo. Although they were frequently advertised together,
Oreck represented that the ProShield Plus air purifier 'uses
ultraviolet light to smash the molecular structure of gases and
odors' and 'uses UV light to remove many odors from the air.'
Defendants also made very similar claims about their air
purifiers' germ killing and flu fighting abilities, claiming the
air purifiers would remove flu and other viruses, bacteria, mold
and other pathogens from the air," the complaint states.
Oreck claims that its products prevent colds, diarrhea, stomach
upsets, asthma and allergies, the class claims.
"Unfortunately for plaintiffs and the class, defendants' claims
are not adequately supported by credible, scientific testing or
other substantiation, and are not true," the complaint states.
The FTC this year fined Oreck $750,000 for "false and deceptive
claims" and ordered it to stop claiming "Halo and the ProShield
can kill bacteria, viruses and other pathogens, and thereby
prevent illness," the complaint adds.
The plaintiffs seek class damages under the Magnuson-Moss Warranty
Act and Song-Beverly Consumer Warranty Act, for breach of express
warranties, breach of implied warranty of merchantability,
consumer law violations, unfair competition, false advertising and
violations of New York General Business Laws.
Oreck spokesman John Van Mol told Courthouse News: "In this case
no class has been certified. The company does not believe there
is any merit to the plaintiffs' attorneys' case and it intends to
vigorously defend the lawsuit."
A copy of the Complaint in Edge, et al. v. Oreck Corporation, et
al., Case No. 11-cv-08725 (C.D. Calif.), is available at:
http://www.courthousenews.com/2011/10/25/Oreck.pdf
The Plaintiffs are represented by:
Michael Louis Kelly, Esq.
Behram V. Parekh, Esq.
Heather M. Peterson, Esq.
KIRTLANDPACKARD LLP
2361 Rosecrans Avenue
Fourth Floor
El Segundo, CA 90245
Telephone: (310) 536-1000
E-mail: mlk@KirtlandPackard.com
bvp@KirtlandPackard.com
hmp@KirtlandPackard.com
- and -
Keith J. Keogh, Esq.
Craig Shapiro, Esq.
Timothy J. Sostrin, Esq.
KEOGH LAW, LTD.
101 North Wacker Drive, Suite 605
Chicago, IL 60606
Telephone: (312) 726-1092
E-mail: keith@keoghlaw.com
- and -
Ben Bingham, Esq.
BINGHAM & LEA, P.C.
319 Maverick Street
San Antonio, TX 78212
Telephone: (210) 224-2885
E-mail: ben@binghamandlea.com
- and -
John Heenan, Esq.
HEENAN LAW FIRM
3970 Avenue D, Suite A
Billings, MT 59102
Telephone: (406) 839-9091
E-mail: john@heenanlawfirm.com
- and -
Frank E. Piscitelli, Jr., Esq.
David W. Skall, Esq.
PISCITELLI LAW FIRM
6151 Wilson Mills Road, Suite 110
Highland Heights, OH 44143
Telephone: (216) 931-7000
E-mail: frank@feplaw.com
davidskall@feplaw.com
PHILIP MORRIS: Judge Declares Mistrial in "Lights" Class Action
---------------------------------------------------------------
A St. Louis jury on Oct. 25 failed to return a verdict in a
Missouri "Lights" class action case against Philip Morris USA (PM
USA). As a result, the judge declared a mistrial.
"After eleven years of pre-trial proceedings and a month and a
half of testimony, [Tues]day's mistrial shows that the plaintiffs
failed to convince a jury of their claims," said Murray Garnick,
Altria Client Services senior vice president and associate general
counsel, speaking on behalf of PM USA. "We continue to believe
that these claims are baseless and [Tues] day's mistrial shows
that we have powerful defenses in these 'Lights' cases."
In this lawsuit, originally filed in February 2000, plaintiffs
alleged that Philip Morris USA violated the Missouri Merchandising
Practices Act by using the terms 'Lights' and "Lowered Tar and
Nicotine" on packages of Marlboro Lights. Plaintiffs sought to
recover a portion of the money paid by Missouri residents who
purchased Marlboro Lights cigarettes from 1995 -- 2003.
"We believe that this class should never have been certified,"
Mr. Garnick added. "All federal courts and seven state courts
have refused to certify these types of cases as class actions
recognizing that there are too many individual issues to make
these a workable class action."
Earlier this year, 13 "Lights" claims which were consolidated in a
multi district litigation in Maine were dismissed after a federal
judge denied class certification saying that common issue[s] do
not predominate.
The Federal Trade Commission had previously permitted descriptors
such as "Lights" and "Lowered Tar and Nicotine" that were based on
results from the FTC's Test Method. However, as of June 2010,
under U.S. Food and Drug Administration regulation, manufacturers
can no longer use such descriptors on packaging, advertising and
labels.
[Tues]day's mistrial came in Larsen v. Philip Morris USA, case
number 002-00406-02.
PROCTER & GAMBLE: Sued Over False Claims on Align OTC Drug
----------------------------------------------------------
Matt Reynolds at Courthouse News Service reports that Procter &
Gamble pushes its over-the-counter drug Align with false claims
about what its "probiotic bacteria" can do, consumers say in a
Superior Court class action.
Procter & Gamble pushes the drug for "digestive care." It began
selling it in two sizes, for $30 and $40, in early 2009.
Lead plaintiff Dino Rikos says Procter & Gamble can't substantiate
the claims it makes for the drug.
"Procter & Gamble claims in its advertising, including the
packaging for Align, that these health benefits result because
'Only Align Contains Bifantis(R), a Unique, Patented Probiotic,'
that will 'restore your natural balance and bring peace to your
digestive system.' Procter & Gamble has no support for these
claims, even though it states that it does, going so far as to
claim it has clinical proof. Procter & Gamble's representations
are false, misleading and reasonably likely to deceive the
public," the complaint states.
"Prominently placed on its product packaging and in its other
advertisements, Procter & Gamble stated and continues to state
that Align contains the unique and patented probiotic bacteria
'Bifantis(R).' Procter & Gamble advertises and continues to
advertise that 'Align is different because only Align contained
Bifantis, a patented probiotic strain,' that 'brings peace to your
digestive system.' For marketing its Align product, Procter &
Gamble uses its trademarked phrase, 'Great Digestion Through
Science.'
"In truth, the ingredient matrix found in Align has never been
substantiated, clinically or otherwise, and Procter & Gamble has
no legitimate basis to make these claims. In fact, the only
purported clinical trial that Procter & Gamble discusses on its
Web site concerns the effects of Bifantis in treating symptoms of
inflammatory bowel disease ('IBS'), rather than the general
population, to whom the advertisements are targeted. Even then,
the study concludes that '[n]o statistically significant
differences between [placebo and Bifantis] groups were observed at
any time-point' relating to daily IBS symptom assessments.
Results from this Procter & Gamble funded study are not published
in a peer-reviewed scientific journal.
"Two of the other primary studies relied upon by Procter & Gamble
as scientific proof -- O'Mabony et al. 2005 and Whorwell et al.
2006 -- fall far short of substantiating the Align marketing
claims. Both are heavily flawed."
Proctor & Gamble claims, and advertises, that probiotics are "good
bacteria," but "scientists have not yet mapped the tens of
thousands of bacteria strains in the human body's intestinal
flora, and do not know whether increasing one type of bacteria
provides health benefits," the complaint states.
"There is almost no scientific support for the notion that healthy
people, such as those targeted by Procter & Gamble, benefit from
bacterial supplements, such as the bacteria at issue. If
probiotic bacteria do have any health benefits, they must survive
the digestive tract in sufficient quantities to achieve the
possible benefit. However, there is no consensus on the
quantities of probiotics people might need to ingest or for how
long, in order to achieve a probiotic effect, if probiotics have
any such effect in healthy people."
Proctor & Gamble's misrepresentations "appear prominently and
conspicuously on every Align container" and its ads make the false
claim that "Align, with its probiotic bacteria cultures, provides
clinically proven digestive health benefits to the general
public," according to the complaint.
"Procter & Gamble's advertising and marketing campaign is designed
to cause consumers to buy Align as a result of this deceptive
message, and Procter & Gamble has succeeded. Despite being
nothing more than a sugared capsule filled with naturally
occurring bacteria, a 28-count package of Align retails for
approximately $30, while a 42-count package retails for
approximately $40."
Mr. Rikos and seeks damages and an injunction for violations of
the Consumers Legal Remedies Act and Unlawful Business Acts and
Practices.
Earlier this year, a federal judge denied Procter and Gamble's
motion to dismiss but also refused to issue injunction, saying
Mr. Rikos lacked standing "because he individually does not and
cannot allege a threat of future injury," according to the
complaint. The judge did, however, say Mr. Rikos could pursue his
injunctive-relief claims in state court.
Though Procter and Gamble allegedly claims that "federal courts
lack the authority to stop" its conduct, attorney Tim Blood told
Courthouse News "that this position seems flawed and ultimately
will be corrected."
Blood Hurst will "pursue all available remedies to address a
defendant's conduct, including pursing monetary relief in federal
court and injunctive relief in state court," the lawyer said.
"Our choice would be to have one court address all relief, but
Procter & Gamble prefers a more inefficient and wasteful course of
action."
Procter & Gamble spokeswoman Christine Wever declined to comment
on ongoing litigation.
"Probiotic" refers to naturally occurring organisms that are
supposed to be beneficial to their hosts. The term is of dubious
"scientific" value.
A copy of the Complaint in Rikos v. The Procter & Gamble Company,
et al., Case No. 37-2011-00099818 (Calif. Super. Ct., San Diego
Cty.), is available at:
http://www.courthousenews.com/2011/10/25/Align.pdf
The Plaintiff is represented by:
Timothy G. Blood, Esq.
Leslie E. Hurst, Esq.
Thomas J. O'Reardon II, Esq.
BLOOD HURST & O'REARDON, LLP
600 B Street, Suite 1550
San Diego, CA 92101
Telephone: (619) 338-1100
E-mail: tblood@bholaw.com
lhurst@bholaw.com
toreardon@bholaw.com
- and -
Craig M. Nicholas, Esq.
Alex M. Tomasevic, Esq.
NICHOLAS & BUTLER, LLP
225 Broadway, 19th Floor
San Diego, CA 92101
Telephone: (619) 325-0492
E-mail: cnicholas@nblaw.org
atomasevic@nblaw.org
- and -
Andrew S. Friedman, Esq.
Elaine A. Ryan, Esq.
Patricia N. Syverson, Esq.
BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C.
2901 N. Central Avenue, Suite 1000
Phoenix, AZ 85012-3311
Telephone: (602) 274-1100
E-mail: afriedman@bffb.com
eryan@bffb.com
psyverson@bffb.com
RESEARCH IN MOTION: Sued Over Blackberry Service Disruption
-----------------------------------------------------------
Kathryn Leger, writing for Montreal Gazette, reports that a
class-action lawsuit was filed in Quebec Superior Court on Oct. 25
on behalf of a Montreal BlackBerry user seeking financial
compensation for the recent service disruption that left millions
of users around the world without e-mail, instant messaging and
Internet browsing.
Research in Motion Ltd. (RIM) is offering its BlackBerry customers
a selection of free apps it says has a total value of more than
US$100 "as an expression of appreciation for their patience during
the recent service disruptions."
But the motion for Quebec court authorization for the class-action
suit against RIM asserts that the right to download the apps "does
not properly compensate BlackBerry users who have paid for
services that they were unable to use."
Jeff Orenstein of Consumer Law Group Inc., the law firm that filed
the motion on behalf of petitioner Michael Blackette and all
Canadian residents who have a monthly data plan, says the suit is
aimed at obtaining a direct reimbursement for the time that
Canadian BlackBerry consumers were without service.
Total damages claimed could be high if a Quebec court agrees to
certify the action, but Mr. Orenstein conceded that individual
damages sought are small. Mr. Blackette's claim of $1.25 in
prorated damages is based on reducing the charge of 1.5 days (Oct.
12 to Oct. 13) he was without service from the $25 bill he pays
each month to his wireless service provider.
But he said Mr. Blackette is not interested in the apps and "was
disappointed when he spoke to his carrier (wireless service
provider) and they said it is not our problem, it is not our
fault."
"Everyone is sort of passing the buck," added Mr. Orenstein. "RIM
should have made arrangements with the service providers."
The suit notes that even if, as suggested by some reports, RIM
compensates service providers, there is no guarantee that this
money will be passed onto BlackBerry consumers.
The suit does not claim damages for any financial or personal
inconvenience suffered by those who were without service. That
would be too hard to determine and prove for each of all of the
individuals represented in a class-action suit, the lawyer said.
STATE OF FLORIDA: Judge Denies Motion to Certify Medicaid Suit
--------------------------------------------------------------
Iulia Filip at Courthouse News Service reports that a federal
judge refused to certify a class of developmentally disabled
Floridians who challenged the manner in which the state
administers its Home and Community Based Services Waiver program.
The proposed class sought to include developmentally disabled
people who receive services in institutions or institutional-like
settings and others who reside in the community without state
services. U.S. District Judge Richard Smoak in Tallahassee
decided, however, that the groups may have divergent interests.
Representing thousands of developmentally disabled individuals
eligible for Medicaid, the lawsuit takes issue with Florida's
lengthy waitlist and limited funding of the waiver program. Some
candidates must wait more than five years to get into the program,
and some institutionalized patients are never enrolled, according
to the complaint.
Florida had argued that the community plaintiffs lacked standing
to sue, because they were neither institutionalized nor at risk of
being institutionalized.
Though Judge Smoak agreed earlier this month that community-based
plaintiffs may lack standing, he rebuffed the state's argument in
an Oct. 14 order. Judge Smoak ruled that the community plaintiffs
may sue the state for delaying their access to services for years.
"Defendants miss the mark," Judge Smoak wrote on Oct. 14. "It is
not the threat of institutionalization which is a cognizable
injury. Rather, the 'waiting lists for enrollment on the DD
Waivers where [the community plaintiffs] languish for years
without services' are the injury."
The plaintiffs cannot base their standing on the threat of
institutionalization, Judge Smoak nevertheless concluded, calling
such claims "speculative" and "not relevant."
Judge Smoak noted several disparities between the two subclasses
of plaintiffs. He ruled that the institutionalized plaintiffs
have a valid discrimination claim under the Americans with
Disabilities Act, but the community plaintiffs may not be able to
prove that exclusion from community based programs qualifies as
discrimination.
"Answering the uncertainty in the community plaintiffs' ADA claim
will be central to their case, but inconsequential to the
institutional plaintiffs," the order states. "This difference in
established law is fatal to creating a class which contains both
groups."
Florida law also treats the two groups differently, meaning that
the enrollment of institutional and community plaintiffs in the
waiver program is limited for different reasons.
The state establishes priority categories for those seeking waiver
services, placing the homeless and those living in an unsafe
environment higher on the list. Those with competent caregivers
fill lower-priority categories. Thus, some community-based
plaintiffs whose caregivers are no longer able to care for them
may fall into a high priority category, while the
institutionalized plaintiffs may never qualify for crisis
categorization because of their placement in intermediate care
facilities, according to the order.
Thus, limited enrollment in the waiver program does not affect the
two subclasses in the same way. "The harm of not being in the DD
Waiver program has different consequences for the two classes of
plaintiffs," Judge Smoak wrote. "The community plaintiffs are
largely where they would be if they were in the program. For them,
the issue is mainly about resources. The institutional plaintiffs
are in a completely different situation. The issue for them isn't
so much funding as it is the actual setting."
There is also a conflict of interest between the two groups since
they are competing for the limited number of slots in the waiver
program. While the plaintiffs in higher-risk categories want to
keep the current prioritization system, the lower-priority
candidates, like some of the community plaintiffs, want to change
the status quo so they can qualify for the slots, the order
states.
Judge Smoak refused to combine the community plaintiffs and
institutional plaintiffs into one class, finding they may have
diametrically opposed interests.
A copy of the Order in Dykes, et al. v. Dudek, Case No. 11-cv-
00116 (N.D. Fla.), is available at:
http://www.courthousenews.com/2011/10/25/Medicaid%20Waiver%204.pdf
TRADER JOE'S: Sued Over "All Natural" and "100% Natural" Labels
---------------------------------------------------------------
Tamar Davis Larsen and Aran Eisenstat, on behalf of themselves and
all others similarly situated v. Trader Joe's Company, Case No.
3:11-cv-05188 (N.D. Calif., October 24, 2011) is brought on behalf
of a nationwide class of consumers who, from October 24, 2007,
through the present, purchased Trader Joe's food products labeled
as "All Natural" and "100% Natural" even though they contain one
or more of these synthetic ingredients: ascorbic acid, potassium
carbonate, sodium acid pyrophosphate, sodium citrate, xanthan gum,
and vegetable mono- and diglycerides.
Throughout the Class Period, Trader Joe's prominently makes the
claim "All Natural" on the labels of its food products,
cultivating a wholesome and healthful image in an effort to
promote the sale of these products, even though its food products
were actually not "All Natural," the Plaintiffs allege. They add
that while the "All Natural" food products' labels did disclose
that they contain ascorbic acid, et al., the labels did not
disclose that these ingredients were synthetic.
Ms. Larsen is a resident of Berkeley, California, while Mr.
Eisenstat is a resident of Ventura County, California. Both the
Plaintiffs, throughout the entire Class Period, have been very
concerned about and try to avoid consuming foods that are not
natural, and are willing to and have paid a premium for foods that
are all natural.
Trader Joe's, a privately held company, is a grocery chain with
about 360 stores in about 29 states, approximately half of which
are located in California. Trader Joe's offers upscale grocery
fare like health foods, organic produce, and nutritional
supplements.
The Plaintiffs are represented by:
Janet Lindner Spielberg, Esq.
LAW OFFICE OF JANET LINDNER SPIELBERG
12400 Wilshire Blvd., # 400
Los Angeles, CA 90025
Telephone: (310) 392-8801
Facsimile: (310) 278-5938
E-mail: jlspielberg@jlslp.com
- and -
Michael D. Braun, Esq.
BRAUN LAW GROUP, P.C.
10680 W. Pico Boulevard, Suite 280
Los Angeles, CA 90064
Telephone: (310) 836-6000
Facsimile: (310) 836-6010
E-mail: service@braunlawgroup.com
- and -
Joseph N. Kravec, Jr., Esq.
Wyatt A. Lison, Esq.
STEMBER FEINSTEIN DOYLE & PAYNE, LLC
Allegheny Building, 17th Floor
429 Forbes Avenue
Pittsburgh, PA 15219
Telephone: (412) 281-8400
Facsimile: (412) 281-1007
E-mail: jkravec@stemberfeinstein.com
wlison@stemberfeinstein.com
TWENTIETH CENTURY: Faces Class Action Over Digital Copy Movies
--------------------------------------------------------------
Courthouse News Service reports that in addition to selling
Blu-Ray editions of films, Twentieth Century Fox marketed movies
in Digital Copy though that version was not always available and
sometimes the Digital Access Code needed for the download had
expired, a class claims in a suit filed with the U.S. District
Court of Central District of California.
The case is Phillip Cooper; Joshua Perry v. Twentieth Century Fox
Home Entertainment LLC.
UNITED PARCEL: Settles Class Action Over Shipping Charges
---------------------------------------------------------
The News Courier reports that though the United Parcel Service
claims no wrongdoing, the company will pay out about $12 million
as part of a multi-defendant class action lawsuit first filed by
an auto parts business in Ardmore.
UPS reportedly began sending out notices to businesses and
individuals last week informing them that settlement checks would
be sent.
Barber Auto Sales filed the suit in November 2006 in the U.S.
District Court of North Alabama, alleging it had overpaid UPS more
than $4,600 in shipping charges. The suit accused UPS of fraud,
breach of contract and enriching itself.
The initial settlement resolution, which was reached in August,
also specified that UPS was to pay $4 million in counsel fees and
$10,000 to Barber Auto Sales. UPS also agreed to set up a
settlement fund of $2 million and a $10 million fund for account
credits or future refunds.
Calls left with Barber Auto Sales and its attorney regarding the
settlement were not returned before press time.
The settlement enables anyone who shipped a package between
May 15, 2006, and Aug. 29, 2011, to receive a reimbursement if
they had to pay additional charges.
As is standard with most shipping companies, businesses are
required to weigh packages and pay a fee on the shipped item.
Barber's suit alleged that after entering the information on UPS's
Web site, additional fees were tacked on after the transaction was
completed.
UPS agreed to give back a portion of the overcharges to Barber,
but an audit of UPS revealed that hundreds of thousands of
businesses and customers experienced the same overcharges. The
lawsuit states that UPS manipulated audit procedures so it could
"improperly invoice plaintiff-increased shipping charges" based on
false dimensions.
A final approval hearing is scheduled for 11:00 a.m. Dec. 5 at the
U.S. District Courthouse in Birmingham. For more information on
the class action lawsuit, visit http://barberclassaction.com
WELLS FARGO: Hagens Berman Joins HAMP Class Action
---------------------------------------------------
Wells Fargo, one of the nation's largest mortgage providers, is
the target of a class-action suit claiming the banking giant
illegally refused to grant permanent loan modifications it
promised homeowners who successfully completed a trial mortgage
modification under the tax-payer supported Homeowner Affordable
Modification Program (HAMP).
The suit, filed in the United States District Court for the
Northern District of California, claims that Wells Fargo committed
breaches of contract and violated California consumer protection
laws by misrepresenting the terms of the HAMP trial period plans
(TPP), designed to be a path toward a permanent mortgage
modification.
Under the TPP, Wells Fargo and borrowers agreed to a reduced
mortgage payment amount, subject to a three month trial period to
let borrowers prove their ability to meet the new obligation.
Wells Fargo sent the borrowers letters explaining "make those
payments successfully and fulfill all the trial period conditions,
we will permanently modify your mortgage loan." The lawsuit
alleges that it failed to follow through on that commitment.
The plaintiff in this case, Amira Jackmon of Alameda County,
Calif., purchased her home at the height of the housing bubble in
2005. With the market downturn, the value of her home plummeted
below the value of her mortgage, making a refinance impossible.
At the same time, she was laid off from her job. She inquired
about the possibility of a modification and after receiving
materials from Wells Fargo, signed its standard TPP agreement.
According to the complaint, she made the three monthly payments at
a new rate and was instructed to continue making payments for four
additional months. In May, 2010, Wells Fargo abruptly told her
that her request for a permanent modification was denied. Wells
Fargo immediately commenced foreclosure proceedings on her home,
which was then sold at a trustee sale on May 27, 2011.
According to the lawsuit, the trial program was a ruse designed to
induce consumers into sending payments to Wells Fargo, even when
Wells Fargo knew that it had no intention of granting the
permanent loan modification it promised.
Hagens Berman joins the Law Office of Peter Fredman in prosecuting
the case. The firms believe the agreement that Wells Fargo sent
homeowners was misleading, and they seek restitution of the
payments made as part of the agreement. The firms also seek to
recover all other funds or property lost because of Wells Fargo's
alleged illegal activities.
"We believe Wells Fargo used the false promise of permanent
modifications to extract millions of dollars in payments from its
customers," said Steve Berman, managing partner for the firm. "We
will prove in court that Wells Fargo's operations turned a program
designed to help homeowners into a revenue stream for the bank."
Hagens Berman and the Law Office of Peter Fredman seek
certification of the case as a class-action lawsuit, representing
all California homeowners who completed Wells Fargo's TPP but were
not offered a permanent loan modification. The complaint alleges
that Wells Fargo breached its agreements with borrowers and has
violated several California laws, including the Rosenthal Fair
Debt Collection Practices Act and various unfair competition
provisions.
If you are a California mortgage customer of Wells Fargo, and you
completed a TPP but were not offered a permanent mortgage
modification, you are encouraged to contact Hagens Berman at
WellsFargoTPP@hbsslaw.com or call 206-623-7292. More information
is available at http://www.hbsslaw.com/wellsfargoTPP
About Hagens Berman
Seattle-based Hagens Berman Sobol Shapiro LLP --
http://www.hbsslaw.com-- represents workers, whistleblowers,
investors and consumers in complex litigation. The firm has
offices in Boston, Chicago, Colorado Springs, Los Angeles,
Minneapolis, New York, Phoenix, San Francisco and Washington, D.C.
Founded in 1993, HBSS continues to successfully fight for investor
rights in large, complex litigation.
Asbestos Litigation
ASBESTOS UPDATE: Asbestos Training Offered to South East Workers
----------------------------------------------------------------
Tradespeople in the South East of England can now take advantage
of hundreds of hours of free asbestos awareness training in a bid
to tackle ignorance about the United Kingdom's biggest industrial
killer, according to a Health and Safety Executive press release
dated Oct. 6, 2011.
About 3,792.5 hours of face-to-face training during October 2011
and November 2011 have been pledged for tradespeople in the South
East, with an additional 5,570 hours of web-based training also
available, which includes courses in Romanian, Russian and Polish.
From 200 to 2005, about 1,614 people died from asbestos-related
cancer mesothelioma in the South East and it is hoped that
training will help prevent it claiming another generation of
tradespeople.
The HSE, in partnership with the industry, set a target of 4,000
hours of face-to-face training to be donated during September 2011
-- one hour for each life lost to asbestos-related illnesses in an
average year. A target of a further 4,000 hours of online
training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
The free training is aimed at those most likely to disturb the
asbestos fibers as they go about their work -- tradespeople such
as joiners, electricians and plumbers, around 20 of whom lose
their lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
Heather Bryant, HSE Regional Director in the South East, said,
"This training will save lives by helping to tackle ignorance
about the risks posed by working with asbestos. It will help
prevent this hidden killer from claiming another generation of
tradespeople.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
"We expect demand for the courses to be high and urge tradespeople
to go to www.hse.gov.uk and sign up now. A few hours in a
classroom or in front of a computer could add decades to someone's
life. The courses literally could be a life saver."
Independent Asbestos Training Providers (IATP), the UK Asbestos
Training Association (UKATA) and the Asbestos Safety Health
Environmental e-Learning Association (ASHEeLA) have been inviting
their members to pledge.
Those wanting to sign up to free training, classroom-based or web-
based, can see what has been pledged by following links on HSE's
Web site http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: East Midlands Workers to Get Asbestos Training
---------------------------------------------------------------
Tradesmen in the East Midlands, England, can now take advantage of
hundreds of hours of free asbestos awareness training in a bid to
tackle ignorance about the United Kingdom's biggest industrial
killer, according to a Health and Safety Executive press release
dated Oct. 6, 2011.
During October 2011 and November 2011, about 296.5 hours of face-
to-face training have been pledged for tradesmen the East Midlands
with an additional 5,570 hours of web-based training also
available which includes courses in Romanian, Russian and Polish.
In 2008, the latest year for which figures are available, 144
people died from asbestos-related cancer, mesothelioma in the East
Midlands and it is hoped that training will help prevent it
claiming another generation of tradesmen.
The HSE, in partnership with industry, set a poignant target of
4,000 hours of face-to-face training to be donated during
September 2011 -- one hour for each life lost to asbestos-related
illnesses in an average year. A target of a further 4,000 hours
of online training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
Free training in the East Midlands is available at:
-- Aston on Trent, Derbyshire, on Nov. 4, 2011
-- Chesterfield on Oct. 11, 2011 and Nov. 22, 2011
-- Lincoln on Oct. 11, 2011 and Nov. 11, 2011
-- Northampton on Oct. 17, 2011 and Oct. 24, 2011
-- Nottingham on Nov. 9, 2011
-- Towcester on Oct. 18, 2011
The free training is aimed at those most likely to disturb the
asbestos fibers as they go about their work -- tradesmen such as
joiners, electricians and plumbers, around 20 of whom lose their
lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem - around half a million non-domestic premises
still contain it.
Rosi Edwards, HSE's regional director, said, "This training will
save lives by getting tradesmen to realize that their day to day
job could -- completely unintentionally -- expose them to
asbestos. The training will help them recognize where they may
come across asbestos, how to recognize it and what to do about it
and prevent this hidden killer from claiming another generation of
British tradesmen.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
Independent Asbestos Training Providers (IATP), the UK Asbestos
Training Association (UKATA) and the Asbestos Safety Health
Environmental e-Learning Association (ASHeLA) have been inviting
their members to pledge.
Those wanting to sign up to free training, classroom-based or web-
based can see what has been pledged by following links on HSE's
Web site http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: Cheshire Workers to Get Free Asbestos Training
---------------------------------------------------------------
Tradesmen in Cheshire, England, can now take advantage of nearly
500 hours of free asbestos awareness training in a bid to tackle
ignorance about the United Kingdom's biggest industrial killer,
according to a Health and Safety Executive press release dated
Oct. 6, 2011.
A total of 316 men died from the asbestos-related cancer,
mesothelioma, in the county in the 10 years between 1996 and 2005.
It is hoped the new training will help prevent it claiming another
generation of tradesmen.
During October 2011 and November 2011, about 469 hours of face-to-
face training has been pledged for tradesmen in Cheshire. An
additional 5,570 hours of web-based training are also being made
available nationally, including courses in Romanian, Russian and
Polish.
The HSE, in partnership with industry, set a poignant target of
4,000 hours of face-to-face training to be donated during
September 2011 - one hour for each life lost to asbestos-related
illnesses in an average year. A target of a further 4,000 hours
of online training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
The free training is aimed at those most likely to disturb
asbestos fibers as they go about their work - tradesmen such as
joiners, electricians and plumbers, around 20 of whom lose their
lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
David Sowerby, HSE's North West Regional Director, said, "This
training will save lives by helping to tackle ignorance about the
risks posed by working with asbestos. It will help prevent this
hidden killer from claiming another generation of British
tradesmen.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
"We expect demand for the courses to be high and urge tradesmen to
go to www.hse.gov.uk and get signed up now. A few hours in a
classroom or in front of a computer could add decades to someone's
lives. The courses literally could be a life saver."
Independent Asbestos Training Providers (IATP), the UK Asbestos
Training Association (UKATA) and the Asbestos Safety Health
Environmental e-Learning Association (ASHeLA) have been inviting
their members to pledge time.
In Cheshire, free training is being provided by Innovative Safety
Solutions Ltd and One Stop Asbestos in Widnes, JB Asbestos
Management Ltd in Middlewich, Pennington Choices in Runcorn, RB
Asbestos Consultants in Alderley Edge, Safety Advisory Services
Ltd in Crewe, and Training and Safety Consultants in Wilmslow.
Those wanting to sign up for either classroom-based or web-based
training can visit http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: South West Tradesmen to Get Asbestos Training
--------------------------------------------------------------
Tradesmen in the South West of England can now take advantage of
hundreds of hours of free asbestos awareness training in a bid to
tackle ignorance about the United Kingdom's biggest industrial
killer, according to a Health and Safety Executive press release
dated Oct. 5, 2011.
About 807 hours of face-to-face training during October 2011 and
November 2011 have been pledged for tradesmen in the South West,
with hours of web-based training also available which includes
courses in Romanian, Russian and Polish.
About 2,742 people died from asbestos-related cancer,
mesothelioma, in the South West between 2000 and 2005. In 2008, a
total of 223 people died of the disease in the region and it is
hoped that training will help prevent it claiming another
generation of tradesmen.
The HSE, in partnership with industry, set a poignant target of
4,000 hours of face-to-face training to be donated during
September 2011 -- one hour for each life lost to asbestos-related
illnesses in an average year. A target of a further 4,000 hours
of online training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%. Free training courses are
available in: Bristol, Exeter, Plymouth, and Taunton.
The free training is aimed at those most likely to disturb the
asbestos fibers as they go about their work -- tradesmen such as
joiners, electricians and plumbers, around 20 of whom lose their
lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
Rosi Edwards, HSE South West regional director, said, "This
training will save lives by getting tradesmen to realize that
their day to day job could -- completely unintentionally -- expose
them to asbestos. The training will help them recognize where
they may come across asbestos, how to recognize it and what to do
about it and prevent this hidden killer from claiming another
generation of British tradesmen.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
"We expect demand for the courses to be high and urge tradesmen to
go to www.hse.gov.uk and get signed up now. A few hours in a
classroom or in front of a computer could add decades to someone's
lives. The courses literally could be a life saver."
Independent Asbestos Training Providers (IATP), the UK Asbestos
Training Association (UKATA) and the Asbestos Safety Health
Environmental e-Learning Association (ASHeLA) have been inviting
their members to pledge.
Those wanting to sign up to free training, classroom-based or web-
based can see what has been pledged by following links on HSE's
Web site http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: Merseyside Tradesmen to Get Asbestos Training
--------------------------------------------------------------
Tradesmen in Merseyside, England, can now take advantage of nearly
250 hours of free asbestos awareness training in a bid to tackle
ignorance about the United Kingdom's biggest industrial killer,
according to a Health and Safety Executive press release dated
Oct. 6, 2011.
A total of 435 men died from the asbestos-related cancer,
mesothelioma, in the county in the ten years between 1996 and
2005. It is hoped the new training will help prevent it claiming
another generation of tradesmen.
During October 2011 and November 2011, about 245 hours of face-to-
face training has been pledged for tradesmen in Merseyside. An
additional 5,570 hours of web-based training are also being made
available nationally, including courses in Romanian, Russian and
Polish.
The HSE, in partnership with industry, set a poignant target of
4,000 hours of face-to-face training to be donated during
September 2011 -- one hour for each life lost to asbestos-related
illnesses in an average year. A target of a further 4,000 hours
of online training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
The free training is aimed at those most likely to disturb
asbestos fibers as they go about their work -- tradesmen such as
joiners, electricians and plumbers, around 20 of whom lose their
lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
David Sowerby, HSE's North West Regional Director, said, "This
training will save lives by helping to tackle ignorance about the
risks posed by working with asbestos. It will help prevent this
hidden killer from claiming another generation of British
tradesmen.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
"We expect demand for the courses to be high and urge tradesmen to
go to www.hse.gov.uk and get signed up now. A few hours in a
classroom or in front of a computer could add decades to someone's
life. The courses literally could be a life saver."
Independent Asbestos Training Providers (IATP), the UK Asbestos
Training Association (UKATA) and the Asbestos Safety Health
Environmental e-Learning Association (ASHeLA) have been inviting
their members to pledge time.
In Merseyside, free training is being provided by CBES Ltd in St
Helens, Innov Safety Solutions in Liverpool and Storm Consultancy
in Southport. Those wanting to sign up for either classroom-based
or web-based training can visit
http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: Welsh Tradesmen to Get Free Asbestos Training
--------------------------------------------------------------
Tradesmen in Wales in the United Kingdom can now take advantage of
hundreds of hours of free asbestos awareness training in a bid to
tackle ignorance about Britain's biggest industrial killer,
according to a Health and Safety Executive press release dated
Oct. 6, 2011.
About 235.5 hours of face-to-face training during October 2011 and
November 2011 have been pledged for tradesmen in Wales with an
additional 5570 hours of web-based training also available which
includes courses in Romanian, Russian and Polish.
In Wales, a total of 1,320 people have died from mesothelioma,
caused by exposure to asbestos, between 1982 and 2008 and it is
hoped that training will help prevent it claiming another
generation of tradesmen.
The HSE, in partnership with industry, set a poignant target of
4,000 hours of face-to-face training to be donated during
September 2011 -- one hour for each life lost to asbestos-related
illnesses in an average year. A target of a further 4,000 hours
of online training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
Free training in Wales is available in:
-- Barry on Oct. 14, 2011 and Oct. 28, 2011, and Nov. 11, 2011
and Nov. 25, 2011
-- Holywell on Oct. 6, 2011 and Nov. 1, 2011
-- Narberth on Oct. 14, 2011
The free training is aimed at those most likely to disturb the
asbestos fibers as they go about their work -- tradesmen such as
joiners, electricians and plumbers , around 20 of whom lose their
lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
Rosi Edwards, HSE's regional director, said, "This training will
save lives by getting tradesmen to realize that their day to day
job could -- completely unintentionally -- expose them to
asbestos. The training will help them recognize where they may
come across asbestos, how to recognize it and what to do about it
and prevent this hidden killer from claiming another generation of
British tradesmen.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
"We expect demand for the courses to be high and urge tradesmen to
go to www.hse.gov.uk and get signed up now. A few hours in a
classroom or in front of a computer could add decades to someone's
lives. The courses literally could be a life saver."
Independent Asbestos Training Providers (IATP), the UK Asbestos
Training Association (UKATA) and the Asbestos Safety Health
Environmental e-Learning Association (ASHeLA) have been inviting
their members to pledge.
Those wanting to sign up to free training, classroom-based or web-
based can see what has been pledged by following links on HSE's
Web site http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: London Tradesmen to Get Free Awareness Training
----------------------------------------------------------------
Tradespeople in London can now take advantage of hundreds of hours
of free asbestos awareness training in a bid to tackle ignorance
about the United Kingdom's biggest industrial killer, according to
a Health and Safety Executive press release dated Oct. 6, 2011.
About 225.5 hours of face-to-face training during October 2011 and
November 2011 have been pledged for tradespeople in London, with
an additional 5,570 hours of web-based training also available,
which includes courses in Romanian, Russian and Polish.
About 3,231 people died from asbestos-related cancer, mesothelioma
in London from 2001-2005, and it is hoped that training will help
prevent it claiming another generation of tradespeople.
The HSE, in partnership with industry, set a target of 4,000 hours
of face-to-face training to be donated during September 2011 --
one hour for each life lost to asbestos-related illnesses in an
average year. A target of a further 4,000 hours of online
training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
The free training is aimed at those most likely to disturb the
asbestos fibers as they go about their work -- tradespeople such
as joiners, electricians and plumbers, around 20 of whom lose
their lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
Tim Galloway, HSE Head of Operations in London, said, "This
training will save lives by helping to tackle ignorance about the
risks posed by working with asbestos. It will help prevent this
hidden killer from claiming another generation of tradespeople.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
"We expect demand for the courses to be high and urge tradespeople
to go to www.hse.gov.uk and sign up now. A few hours in a
classroom or in front of a computer could add decades to someone's
life. The course literally could be a life saver."
Those wanting to sign up to free training, classroom-based or web-
based can see what has been pledged by following links on HSE's
Web site http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: West Midlands Workers to Get Asbestos Training
---------------------------------------------------------------
Tradesmen in the West Midlands of England can now take advantage
of hundreds of hours of free asbestos awareness training in a bid
to tackle ignorance about Britain's biggest industrial killer,
according to a Health and Safety Executive press release dated
Oct. 7, 2011.
In total, more than 450 hours of face-to-face training during
October 2011 and November 2011 have been pledged for tradesmen in
the following locations across the region -- Bromsgrove,
Birmingham, Burton-upon-Trent, Halesowen, Newcastle-under-Lyme and
Wolverhampton. A further 5,570 hours of web-based training is also
available, which includes courses in Romanian, Russian and Polish.
In the West Midlands, 152 people died from the asbestos-related
cancer, mesothelioma, in 2008, the latest year for which figures
are available, and it is hoped that training will help prevent
this lethal disease claiming another generation of tradesmen.
The HSE, in partnership with industry, set a poignant target of
4,000 hours of face-to-face training to be donated during
September 2011 -- one hour for each life lost to asbestos-related
illnesses in an average year. A target of a further 4,000 hours
of online training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
The free training is aimed at those most likely to disturb the
asbestos fibers as they go about their work -- tradesmen such as
joiners, electricians and plumbers, around 20 of whom lose their
lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
Rosi Edwards, HSE's regional director for the West Midlands, said,
"This training will save lives by getting tradesmen to realize
that their day to day job could -- completely unintentionally --
expose them to asbestos. The training will help them recognize
where they may come across asbestos, how to recognize it and what
to do about it and prevent this hidden killer from claiming
another generation of British tradesmen.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
"We expect demand for the courses to be high and urge tradesmen to
go to www.hse.gov.uk and get signed up now. A few hours in a
classroom or in front of a computer could add decades to people's
lives. The courses literally could be a life saver."
Those wanting to sign up to free training, classroom-based or web-
based can see what has been pledged by following links on HSE's
Web site http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: East of England Locals to Get Asbestos Training
----------------------------------------------------------------
Tradesmen in the East of England can now take advantage of
hundreds of hours of free asbestos awareness training in a bid to
tackle ignorance about the United Kingdom's biggest industrial
killer, according to a Health and Safety Executive press release
dated Oct. 7, 2011.
A total of 337 hours of face-to-face training during October 2011
and November 2011 has been pledged for tradesmen in the East with
an additional 5,570 hours of web-based training also available
which includes courses in Romanian, Russian and Polish.
More than 1,900 people died from the asbestos-related cancer,
mesothelioma, in the East between 2000 and 2008 and it is hoped
that training will help prevent it claiming another generation of
tradesmen.
The HSE, in partnership with industry, set a poignant target of
4,000 hours of face-to-face training to be donated during
September 2011 -- one hour for each life lost to asbestos-related
illnesses in an average year. A target of a further 4,000 hours
of online training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
Free training in the East of England under this scheme is
available at:
-- Bury St Edmunds on Oct. 12, 2011
-- Chelmsford on Nov. 18, 2011 and Nov. 25, 2011
-- Hemel Hempstead on Nov. 1, 4 and 14, 2011
-- Leighton Buzzard on Nov. 16, 2011
-- Norwich on Oct. 26, 2011
-- Sandy on Nov. 14, 2011
-- Southend-on-Sea on Nov. 10, 2011
Those wanting to sign up to free training or find out more should
follow the links on HSE's Web site at
http://www.hse.gov.uk/asbestos/training-pledge
The free training is aimed at those most likely to disturb the
asbestos fibers as they go about their work -- tradesmen such as
joiners, electricians and plumbers, around 20 of whom lose their
lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
Heather Bryant, HSE's regional director in the East of England,
said, "This training will save lives by helping to tackle
ignorance about the risks posed by working with asbestos. It will
help prevent this hidden killer from claiming another generation
of British tradesmen.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
"We expect demand for the courses to be high and urge tradesmen to
go to www.hse.gov.uk and get signed up now. A few hours in a
classroom or in front of a computer could add decades to someone's
lives. The courses literally could be a life saver."
Independent Asbestos Training Providers (IATP), the UK Asbestos
Training Association (UKATA) and the Asbestos Safety Health
Environmental e-Learning Association (ASHEeLA) have been inviting
their members to pledge.
ASBESTOS UPDATE: Locals Raise Asbestos Concern on Penygraig Fire
----------------------------------------------------------------
Residents living very near a former paper and cards factory on the
Penygraig industrial estate in Rhondda, Wales, of which the
building is thought to be made of asbestos have been asked to keep
their doors and windows shut until a fire is put out, BBC News
reports.
South Wales firefighters have been tackling the blaze at the
former paper and card factory. The firefighters were called on
Oct. 16, 2011 and the building was described as well alight. The
fire service said it had five appliances tackling the blaze.
ASBESTOS UPDATE: Appeals Court Reverses Ruling in Martin Lawsuit
----------------------------------------------------------------
The Court of Appeals of Texas, Dallas, reversed the ruling of the
193rd Judicial District Court Dallas County, Texas Trial Court, in
an asbestos case styled Union Carbide Corporation, Appellant v.
Bob K. Martin, Appellee.
Judges Murphy, Fillmore, and Myers entered judgment in Case No.
05-09-01052-CV on July 13, 2011.
In a single issue, Union Carbide asserted the trial court abused
its discretion in assessing a US$11,250 sanction against it for
discovery abuse. The Appeals Court reversed the trial court's
judgment and vacated the June 23, 2009 order imposing the monetary
sanction.
ASBESTOS UPDATE: Ill. Court Affirms Sublett's Motion to Remand
--------------------------------------------------------------
The U.S. District Court, Southern District of Illinois, granted a
motion to remand filed by Joseph Sublett and Virginia A. Sublett
in an asbestos case filed against General Electric Company.
The case is styled Joseph Sublett, et al., Plaintiffs v. Air &
Liquid Systems Corporation, et al., Defendants.
District Judge Murphy entered judgment in Civil No. 11-433-GPM on
June 30, 2011.
In this case, the Subletts sought damages for mesothelioma that
Mr. Sublett had contracted allegedly as a result of exposure to
asbestos. This case was filed originally in the Circuit Court of
the Third Judicial Circuit, Madison County, Ill., and GE had
removed the case to this Court.
The Subletts in turn had moved for remand of this case to state
court for lack of subject matter jurisdiction.
To conclude, Mr. and Mrs. Sublett's motion for remand was granted.
This case was remanded to the Circuit Court of the Third Judicial
Circuit, Madison County, Ill., for lack of federal subject matter
jurisdiction.
ASBESTOS UPDATE: Supreme Court Reverses Ruling in Penn's Lawsuit
----------------------------------------------------------------
The Supreme Court, Appellate Division, First Department, New York,
reversed the ruling of the Supreme Court, New York County, which
favored Kerr Corporation in an asbestos case filed by Josephine
Penn.
The case is styled Josephine Penn, et al., Plaintiffs-Appellants
v. Amchem Products, et al., Defendants, Kerr Corporation,
Defendant-Respondent.
Judges Saxe, Friedman, Moskowitz, and Abdus-Salaam entered
judgment in the case on June 9, 2011.
The Supreme Court, New York County, on June 1, 2009, granted
defendant-respondent Kerr Corporation's post-trial motion.
Contrary to the trial court's finding, the evidence, viewed in the
light most favorable to the prevailing plaintiffs, was sufficient
to permit the jury to rationally conclude that the asbestos-
containing dental liners to which the injured plaintiff (Penn) was
exposed were distributed by Kerr.
Such conclusion could be drawn from the evidence that Penn's
dental technician school gave him boxes containing dental liners
used to make prosthetic teeth that had Kerr's name on them; that
Penn followed a chart specifically made for Kerr's casting ring
product when given a box with Kerr's name on it; that Kerr
supplied asbestos-containing dental liners to dental technician
schools at the time Penn was a student; and that Kerr often
packaged its casting ring product with its dental liners.
That Penn's description of the dental liners he used differed from
the descriptions given by Kerr's representatives did not
conclusively establish that Penn did not use Kerr's liners, and
simply raised a credibility issue for the jury.
The Decision and Order of the Court was recalled and vacated.
ASBESTOS UPDATE: Del. Supreme Court OKs Ruling in Price Lawsuit
---------------------------------------------------------------
The Supreme Court of Delaware upheld the ruling of the Superior
Court of the State of Delaware, in and for New Castle County,
which denied Patricia Price's Motion to Amend her household
asbestos exposure complaint as futile.
The case is styled Patricia Price and Bobby Price, her husband,
Plaintiffs, Appellants v. E.I. DuPont de Nemours & Company,
Defendant, Appellee.
Judges Steele, Holland, Berger, Jacobs, and Kuhn entered judgment
in Case No. 719, 2009 on July 11, 2011. Judges Berger and Kuhn
dissented.
Bobby Price worked as a maintenance technician for E.I. du Pont de
Nemours & Co. at its Chestnut Run facility from 1957 until 1991.
During his employment, he worked with and around products
containing asbestos. Allegedly, he transported asbestos fibers
home on his clothing, vehicle, and skin.
Mrs. Price alleged that years of living with her husband, and
handling and washing his work clothes, exposed her to the fibers.
She now suffers from bilateral interstitial fibrosis and bilateral
pleural thickening of the lungs. These maladies, it is claimed,
present directly from her exposure to the asbestos dust and fibers
her husband brought home from work.
On June 8, 2009, Mrs. Price filed a complaint against DuPont and
several other parties. On July 9, 2009, she filed a Motion to
Amend her complaint. On July 21, 2009, DuPont filed an opposition
to Mrs. Price's Motion to Amend.
The parties argued their positions on the Motion to Amend on Aug.
20, 2009 before a Special Master. On Aug. 25, 2011, the Special
Master issued a written ruling, finding the motion to be futile.
Mrs. Price filed an Exception to the Special Master's report on
Sept. 1, 2009. On Nov. 20, 2009, a Superior Court judge affirmed
and embodied the Special Master's judgment in a Memorandum Opinion
and Order. On Jan. 7, 2010, a Superior Court order certified the
November 20 Memorandum Opinion and Order for interlocutory appeal.
On Jan. 8, 2010, Mrs. Price appealed from that judgment.
Therefore, the trial judge correctly denied Mrs. Price's Motion to
Amend her complaint on grounds of futility. The judgment of the
Superior Court was affirmed.
ASBESTOS UPDATE: Fla. Court Affirms Decision in American Optical
----------------------------------------------------------------
The Supreme Court of Florida affirmed the ruling of the Fourth
District Court of Appeal, which held that the Asbestos and Silica
Compensation Fairness Act is unconstitutional as applied to the
Appellees in litigation involving American Optical Corporation.
The cases are styled American Optical Corporation, et al.,
Appellants-Petitioners v. Walter R. Spiewak, et al., Appellees-
Respondents and American Optical Corporation, et al., Appellants-
Petitioners v. Daniel N. Williams, et al., Appellees-Respondents.
Judges Pariente, Lewis, Quincy, Labarga, Perry, Canady, and
Polston entered judgment in Case Nos. SC08-1616, SC08-1640, SC08-
1617, SC08-1639 on July 8, 2011. Judges Canady and Polston
dissented.
This case was before the Court on appeal from Williams v. American
Optical Corporation, in which the Fourth District Court of Appeal
held that the Asbestos and Silica Compensation Fairness Act (the
Act) was unconstitutional as applied to the Appellees.
In its decision, the Fourth District also certified conflict with
the decision of the Third District Court of Appeal in
DaimlerChrysler Corporation v. Hurst. This Court had jurisdiction
under article V, sections 3(b)(1) and 3(b)(4) of the Florida
Constitution.
Litigation in Florida state courts involving asbestos
contamination has been considerable and persistent for a number of
years. Prompted by that, the Florida Legislature decided to enact
the Florida Asbestos and Silica Compensation Fairness Act, which
became effective in 2005. The Act made significant changes to the
cause of action for damages resulting from an exposure to
asbestos.
The Supreme Court affirmed the holding of the Fourth District in
Williams v. American Optical Corp. that retroactive application of
the Act to the Appellees, and other claimants who had accrued
causes of action for asbestos-related disease pending on the
effective date of the Act, is impermissible because it violated
the due process clause of the Florida Constitution.
The Supreme Court disapproved the decision of the Third District
in DaimlerChrysler Corporation v. Hurst to the extent it is
inconsistent with this opinion.
ASBESTOS UPDATE: Lancashire's Tradesmen to Get Asbestos Training
----------------------------------------------------------------
Tradesmen in Lancashire, England, can now take advantage of nearly
200 hours of free asbestos awareness training in a bid to tackle
ignorance about the United Kingdom's biggest industrial killer,
according to a Health and Safety Executive press release dated
Oct. 6, 2011.
A total of 305 men died from the asbestos-related cancer,
mesothelioma, in the county in the 10 years between 1996 and 2005.
It is hoped the new training will help prevent it claiming another
generation of tradesmen.
During October 2011 and November 2011, about 180 hours of face-to-
face training has been pledged for tradesmen in Lancashire. An
additional 5,570 hours of web-based training are also being made
available nationally, including courses in Romanian, Russian and
Polish.
The HSE, in partnership with industry, set a poignant target of
4,000 hours of face-to-face training to be donated during
September 2011 -- one hour for each life lost to asbestos-related
illnesses in an average year. A target of a further 4,000 hours
of online training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
The free training is aimed at those most likely to disturb
asbestos fibers as they go about their work -- tradesmen such as
joiners, electricians and plumbers, around 20 of whom lose their
lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
David Sowerby, HSE's North West Regional Director, said, "This
training will save lives by helping to tackle ignorance about the
risks posed by working with asbestos. It will help prevent this
hidden killer from claiming another generation of British
tradesmen.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
"We expect demand for the courses to be high and urge tradesmen to
go to www.hse.gov.uk and get signed up now. A few hours in a
classroom or in front of a computer could add decades to someone's
life. The courses literally could be a life saver."
Independent Asbestos Training Providers (IATP), the UK Asbestos
Training Association (UKATA) and the Asbestos Safety Health
Environmental e-Learning Association (ASHeLA) have been inviting
their members to pledge time.
In Lancashire, free training is being provided by QHS Solutions
Ltd in Accrington and RB Asbestos Consultants in Burnley. Those
wanting to sign up for either classroom-based or web-based
training can visit http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: Yorkshire Tradespeople to Get Asbestos Training
----------------------------------------------------------------
Trades people in Yorkshire and the Humber in England can now take
advantage of hundreds of hours of free asbestos awareness training
in a bid to tackle ignorance about the United Kingdom's biggest
industrial killer, according to a Health and Safety Executive
press release dated Oct. 6, 2011.
Nearly 900 hours of face-to-face training during October 2011 and
November 2011 have been pledged in the region with sessions
promised in Sheffield, Scunthorpe, Brighouse, Wakefield,
Drighlington and Ossett. Further hours of web-based training have
also been pledged.
More than 800 men and women died in the region from asbestos-
related cancer mesothelioma between 2001 and 2005. It is hoped
that training will help prevent it claiming another generation of
workers in industries such as joinery, construction and plumbing.
The HSE, in partnership with industry, set a poignant target of
4000 hours of face-to-face training to be donated during September
2011 -- one hour for each life lost to asbestos-related illnesses
in an average year. A further target of 4000 hours of online
training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
The free training is aimed at those most likely to disturb the
asbestos fibers as they go about their work -- around 20 of whom
lose their lives to asbestos-related diseases every week.
Paul Spurrier, HSE's Head of Operations for Yorkshire & Humber,
said, "This training will save lives by helping to tackle the
dangerous ignorance that still prevails about the risks of working
with asbestos. It will help prevent this hidden killer from
claiming lives from another generation of tradespeople.
"The response from training providers has been overwhelming and
completely exceeded our expectations. There's been a real
groundswell of support from a whole range of training providers.
"We expect demand for the courses to be high and so those
interested need to go to www.hse.gov.uk and get signed up now. A
few hours in a classroom or in front of a computer could add years
to someone's life."
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
Independent Asbestos Training Providers (IATP), the UK Asbestos
Training Association (UKATA) and the Asbestos Safety Health
Environmental e-Learning Association (ASHeLA) have been inviting
their members to pledge.
Those wanting to sign up to free training, classroom-based or web-
based can see what has been pledged by following links on HSE's
Web site http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: Manchester's Tradesmen to Get Asbestos Training
----------------------------------------------------------------
Tradesmen in Greater Manchester, England, can now take advantage
of nearly 500 hours of free asbestos awareness training in a bid
to tackle ignorance about the United Kingdom's biggest industrial
killer, according to a Health and Safety Executive press release
dated Oct. 6, 2011.
A total of 515 men died from the asbestos-related cancer,
mesothelioma, in the county in the ten years between 1996 and
2005. It is hoped the new training will help prevent it claiming
another generation of tradesmen.
During October 2011 and November 2011, about 492 hours of face-to-
face training has been pledged for tradesmen in Greater
Manchester. An additional 5,570 hours of web-based training are
also being made available nationally, including courses in
Romanian, Russian and Polish.
The HSE, in partnership with industry, set a poignant target of
4,000 hours of face-to-face training to be donated during
September 2011 -- one hour for each life lost to asbestos-related
illnesses in an average year. A target of a further 4,000 hours
of online training was also set.
However, thanks to an overwhelming response from training
providers across Britain, the combined target of 8,000 hours has
been smashed by more than 50%.
The free training is aimed at those most likely to disturb
asbestos fibers as they go about their work -- tradesmen such as
joiners, electricians and plumbers, around 20 of whom lose their
lives to asbestos-related diseases every week.
The asbestos training pledge initiative is part of HSE's Hidden
Killer campaign to raise awareness that asbestos is not just an
historical problem -- around half a million non-domestic premises
still contain it.
David Sowerby, HSE's North West Regional Director, said, "This
training will save lives by helping to tackle ignorance about the
risks posed by working with asbestos. It will help prevent this
hidden killer from claiming another generation of British
tradesmen.
"The response has been overwhelming and has completely exceeded
our expectations. There's been a real groundswell of support from
a whole range of training providers.
"We expect demand for the courses to be high and urge tradesmen to
go to www.hse.gov.uk and get signed up now. A few hours in a
classroom or in front of a computer could add decades to someone's
lives. The courses literally could be a life saver."
Independent Asbestos Training Providers (IATP), the UK Asbestos
Training Association (UKATA) and the Asbestos Safety Health
Environmental e-Learning Association (ASHeLA) have been inviting
their members to pledge time.
In Greater Manchester, free training is being provided by AMS in
Ince, Asbestos Business Contractor Ltd in Golborne, Astra in
Middleton and Trafford Park, and One Stop Asbestos in Altrincham.
Those wanting to sign up for either classroom-based or web-based
training can visit http://www.hse.gov.uk/asbestos/training-pledge
ASBESTOS UPDATE: Canterbury Authority Tightens Disposal Measures
----------------------------------------------------------------
The Canterbury Earthquake Recovery Authority is double-checking
all its paperwork following the dumping of potentially asbestos-
contaminated quake rubble in a Christchurch, New Zealand,
landfill, Radio New Zealand News reports.
The Department of Labour has found local demolition company Dormer
Construction was not told by the quake recovery authority there
could have been asbestos in 24 truckloads of rubble at a Cashel
Street demolition site in July 2011.
The blue asbestos was discovered only once a digger driver's
complaint had been investigated. The department's report says the
asbestos was not identified by contractors because they had not
come across that type before. However, it says no traces of
asbestos were found in the rubble dumped before the carcinogen was
discovered.
Canterbury Earthquake Recovery Authority acting chief executive
Warwick Isaacs says measures have been taken to make sure the
situation is not repeated, and because the asbestos was dealt with
quickly there is no public health risk.
ASBESTOS UPDATE: Carlisle Widower Launches GBP150T Payout Claim
---------------------------------------------------------------
John Todd, a former soldier from Carlisle, Cumbria, England, has
launched an asbestos lawsuit against the Ministry of Defence (MoD)
over the death of his wife Helene Todd to second-hand exposure to
asbestos, News & Star reports.
The 67-year-old Mr. Todd has taken his GBP150,000 case against the
MoD to the High Court in London.
Mrs. Todd, who died at the age of 66, contracted mesothelioma,
according to the High Court writ. She died in August 2010, eight
months after her terminal cancer was diagnosed.
Mr. Todd now alleges that the MoD was negligent in allowing his
wife to be exposed to asbestos. A soldier with the Royal
Electrical Mechanical Engineers between 1959 and 1984, he worked
on various military vehicles in which asbestos was routinely used,
say his lawyers.
Mr. Todd's duties also included working on bridge laying vehicles,
self propelled guns, recovery vehicles, Centurion, Conqueror and
Chieftain tanks, Scimitars, Scorpions and armored cars.
Mr. Todd worked on major overhauls and brake renewals. He had to
strip old asbestos lagging from exhaust pipes and replace it with
asbestos string or tape, and his overalls were contaminated with
asbestos dust, the writ says. Between 1968 and 1979, Mrs. Todd
washed Mr. Todd's overalls nearly every day, shaking them out
before washing them, and releasing asbestos dust into the air
which she inhaled.
Doctors found that Mrs. Todd was suffering from mesothelioma when
she went for tests for an unrelated condition, and she was told
she had the fatal disease in January 2010. Mr. Todd says the MoD
was negligent in allowing his clothes to become contaminated with
asbestos. The writ was issued by Irwin Mitchell solicitor Roger
Maddocks.
An MoD spokesman said, "When compensation claims are received they
are considered on the basis of whether or not the Ministry of
Defence has a legal liability to pay compensation. Where there is
a proven legal liability, compensation is paid. As legal
proceedings are ongoing, it would not be appropriate to comment
further."
ASBESTOS UPDATE: Cleanup at Fremont City School to Cost $178,000
----------------------------------------------------------------
Fremont City Schools estimates the cost of asbestos abatement at
Fremont Middle School in Fremont, Ohio, will be US$178,000, more
than US$1.2 million less than the Fremont City School District had
budgeted, The News-Messenger.com reports.
Chris Moore of Touchstone CPM, the contractor for the middle
school project, said there were two major bid categories left
regarding the existing middle school: asbestos abatement and
demolition. He said the abatement work would take about 9 to 10
weeks.
Mr. Moore said a survey of the middle school revealed the plaster
area of the auditorium ceiling needed to be removed, at a cost of
about US$100,000. He said most of the other plaster tested
negative for asbestos.
Superintendent Traci McCaudy said the cost savings from the
asbestos abatement, once it is completed, would be used for
permanent improvement items throughout the district. Mr. Moore
said the contractor wanted to advertise for bids on the abatement
by the end of the week, with work beginning by March 12, 2012.
ASBESTOS UPDATE: Phipps Estate Seeks GBP150,000 in Payout Claim
---------------------------------------------------------------
Sandra Phillips, the executor of the estate of Victor Phipps -- of
Stroud, Gloucestershire, England, has launched a legal claim for
asbestos compensation of up to GBP150,000, the Stroud News &
Journal reports.
Mr. Phipps was 77 years old when he died from malignant
mesothelioma. Mrs. Phillips seeks damages from his former
employers Lynworth Builders of Swindon Road, Cheltenham, Plumb
Office Interiors of Wolverhampton and Hall & Tawse Western of
Croydon.
Mr. Phipps was exposed to asbestos dust and fibers when he worked
for the companies as a painter, decorator and laborer between 1981
and 1989, according to a high court writ. He worked on contracts
for maintenance, demolition and renovation of buildings at RAF
(Royal Air Force) bases where asbestos was widely used.
After removing broken and cracked asbestos sheets, which were
usually smashed to bits and thrown onto the ground, Mr. Phipps was
often left covered in toxic dust at the end of a shift but was
never warned about the dangers of working with the material, the
writ alleges.
Mr. Phipps started suffering from severe chest pain and
breathlessness in May 2008, followed by nausea and fatigue, weight
loss and debility. Later, he underwent extensive medical
investigations and treatment, including radiotherapy and suffered
side effects from pain killing drugs and anxiety knowing that his
condition was fatal.
Mr. Phipps lost more than eight years of life expectancy and died
on Sept. 27, 2008. Mrs. Phillips seeks damages for his estate and
for his widow, Doreen Phipps (80 years old).
Mrs. Phillips has branded Mr. Phipps' former employers "negligent"
and said they are guilty of a catalogue of failings, including not
ventilating his workplace properly and failure to provide him with
protective clothing and warn him of the need to clean his overalls
thoroughly after working with asbestos.
ASBESTOS UPDATE: Cleanup at Norwegian Gov't. Buildings Hits Snag
----------------------------------------------------------------
Following alleged mass murderer Anders Behring Breivik's July 22,
2011 bomb attack of government buildings in Oslo, Norway, about
2.5 of 6.5 kilometers of shelves with documents at the Ministry of
Justice are believed to have been contaminated by asbestos, the
Foreigner reports.
The contamination also means several tons of paper in the
buildings are due to be destroyed.
Government advisor Public Construction and Property Management
(Statsbygg), who are in charge of clearing up the bomb-affected
buildings, have brought in a firm to clean the documents.
So far, many of the files have been cleaned and placed in new
storage boxes. It is unlikely that any classified documents have
been contaminated as they are sealed in a vault, reports
Dagsavisen.
Officials say Mr. Breivik's trial will probably start sometime in
April 2012, and is likely be held in Oslo District Court.
ASBESTOS UPDATE: East Sussex Hotelier's Death Related to Hazard
---------------------------------------------------------------
An inquest heard that the death of 86-year-old Glykeris
Papaspyrou, a hotelier from East Sussex, England, was related to
exposure to asbestos, the Hastings & St. Leonards Observer
reports.
Mr. Papaspyrou owned the Fairlight Lodge Hotel in Martineau Lane
in the 1970s and handled the asbestos when he replaced all of the
doors in the building. An inquest into his death, which happened
on July 12, 2011, heard that his right lung had collapsed and he
suffered from pneumonia at the time of his death at St. Michael's
Hospice, in Upper Maze Hill, St. Leonards.
A post-mortem revealed Mr. Papaspyrou had mesothelioma. His
daughter, Dina Christodoolou, said, "Around four years ago my
father became very tired. We put it down to his age. A year ago
he developed a cough and cold but the cough did not seem to go."
East Sussex Deputy coroner Joanna Pratt recorded a verdict of
death by industrial disease.
ASBESTOS UPDATE: Abatement Ongoing at Libbey High School in Ohio
----------------------------------------------------------------
Abatement of Toledo Public Schools' former Libbey High School in
Toledo, Ohio, has started, Fox Toledo.com reports.
Crews were seen last Oct. 12, 2011 removing asbestos within the
former school. The abatement should be completed by December
2011. Demolition of the school will follow.
The school district closed the high school at the end of the 2010
school year in an effort to save the district money.
In September 2011, Libbey High School was listed on the National
Register of Historic Places. However, the listing by the federal
government does not guarantee preservation of the Toledo Public
Schools property.
It does encourage preservation because the historical marker
offers invectives like federal tax credits for a possible investor
to rehab the building. A public auction in August 2011 turned up
no bidders.
*********
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
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Chapman, Editors.
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