/raid1/www/Hosts/bankrupt/CAR_Public/111214.mbx              C L A S S   A C T I O N   R E P O R T E R

            Wednesday, December 14, 2011, Vol. 13, No. 247


AAI CORP: Faces Class Action Over Unpaid Overtime
AGRIUM INC: Oral Arguments in Potash Class Action Set for Feb. 8
ARCH CHEMICALS: Feb. 15 Class Action Settlement Hearing Set
CHICAGO TRIBUNE: Accused of Increasing Rates Without Prior Consent
FACEBOOK: Seeks Transfer of Likeness Class Action to California

FISKVILLE CFA: May Face Class Action Over Toxic Chemicals
GOV'T OF IRAN: Judge Orders Entry of Default in Class Action
GOV'T OF ITALY: Codacons Mulls Class Action Over Pension Changes
GOV'T OF NEW ZEALAND: Health Ministry May Face Flouridation Suit
GOV'T OF WEST AUSTRALIA: Margaret River Fire Victims Mull Suit

GPT GROUP: Slater & Gordon Files Class Action
HEART CHECK: Customers Await Resolution of Class Action
JAMES LATHAM PETERS: Sued Over Hepatitis C Infection
MF GLOBAL: Shareholders File Class Action v. Former Officers
MULTIBAND EC: Faces Class Action Over Negligent Hiring

OLYMPIC ATHLETIC CLUB: Lifetime Members File Class Action
PACIFIC BELL: Employee Sues Over Wrongful Termination
PREFERRED POOL: Faces Antitrust Class Action in New Orleans
PUBLISHERS: Motion to Dismiss Deadline Extended in E-Book Suit
ROY O. MARTIN: Toxic Chemical Suit Can't Proceed as Class Action

SONY COMPUTER: Remaining Claim in PS3 Class Action Dismissed
STATE OF WASHINGTON: Faces Class Action Over Medicaid Cuts
WAL-MART: New Discrimination Class Actions May Fail


AAI CORP: Faces Class Action Over Unpaid Overtime
Gary Haber, writing for Baltimore Business Journal, reports that
AAI Corp. broke federal wage laws by denying overtime pay to some
of its employees, a federal lawsuit brought by one of the
company's workers alleges.

Chad Johnson claims in his lawsuit that the Hunt Valley defense
contractor has a policy of not paying overtime to its field
service engineers, who maintain and repair AAI's unmanned
surveillance aircraft for military customers at bases around the
world.  The company's unmanned drones are used by the U.S military
in Iraq and Afghanistan.

Mr. Johnson, an Eagle River, Alaska, resident has worked as a
field service engineer since October 2007, according to the suit.

AGRIUM INC: Oral Arguments in Potash Class Action Set for Feb. 8
Joe Celentino at Courthouse News Service reports that a full
United States Court of Appeals for the Seventh Circuit panel will
rehear arguments in a class action that alleges global price-
fixing of potash, a common agricultural fertilizer.

The plaintiffs allege that Canadian, Russian and Belarusian miners
have fixed prices in Brazil, China and India.  Inflated prices
abroad have driven costs up in the United States, according to the

U.S. District Judge Ruben Castillo refused to dismiss the case,
finding that the Foreign Trade Antitrust Improvements Act did not
limit the court's jurisdiction.

But a three-judge panel of the 7th Circuit found otherwise in
September, saying the act precluded federal court jurisdiction and
that no exceptions applied because the alleged anticompetitive
conduct did not "involve" imports to the United States or
"directly affect" their price.

Arguing that the ruling conflicted with the 7th Circuit's own
precedent and a United States Court of Appeals for the Third
Circuit decision issued last August, the plaintiffs petitioned for
a rehearing en banc.  The petition was granted and the court
vacated its previous opinion.  Oral arguments before the full
court are set for Feb. 8.

A copy of the Order in Minn-Chem, Inc. et al. v. Agrium Inc., et
al., No. 10-1712 (7th Cir.), is available at:


ARCH CHEMICALS: Feb. 15 Class Action Settlement Hearing Set
Pomerantz Haudek Grossman & Gross LLP on Dec. 9 issued a statement
pursuant to an order of the Connecticut Superior Court for the
Judicial District of Stamford-Norwalk at Stamford:


       No. X-08 FST-CV11-6010654-S

       GSS 5-08 TRUST, on behalf of itself and all others
       similarly situated,


        MICHAEL E.
        SANDERS, JANICE J. TEAL, and
        DOUGLAS J.



YOU ARE HEREBY NOTIFIED, pursuant to Court Order and the
Connecticut Practice Book 9-9, that a hearing shall be held before
the Honorable Barbara Brazzel-Massaro, in the Connecticut Superior
Court for the Judicial District of Stamford-Norwalk, 123 Hoyt
Street, Stamford, CT 06905, on February 15, 2012 at 10:00 a.m. At
the Settlement Hearing, the Court will consider whether: (1) to
permanently certify a class, for settlement purposes only,
consisting of all persons or entities who held the common stock of
Arch Chemicals, Inc. at any time between and including July 10,
2011 and October 20, 2011; (2) to approve as fair, reasonable and
adequate the proposed settlement of the above action and two
related actions (Ahern v. Arch Chemicals, Inc., No. X-08 FST-CV-
11-6010650-S and Seifert Family Trust v. Campbell, et al., No. X-
08 FST-CV-11-6010938-S) in exchange for certain supplemental
disclosures made by Arch in an amendment to the Schedule 14D-9
Solicitation/Recommendation Statement filed with the Securities
and Exchange Commission on September 19, 2011; (3) to dismiss with
prejudice the Action and Related Actions and to enter judgment
releasing certain claims against the Defendants; (4) to certify
Plaintiff GSS 5-08 Trust as representative of the Settlement Class
and its counsel, Pomerantz Haudek Grossman & Gross LLP and Hurwitz
Sagarin Slossberg & Knuff, LLC as Settlement Lead Class Counsel
and Settlement Liaison Class Counsel, respectively; and (5) to
approve the application of Plaintiff's Counsel for payment of
attorneys' fees and reimbursement of costs and expenses.

If you held Arch common stock during the Class Period, you are a
member of the Settlement Class, from which you cannot opt out.
However, you may file an objection to the Settlement with the
Court on or before February 1, 2012 (fourteen calendar days before
the Settlement Hearing) and serve it upon all of the following:

          Honorable Judge Barbara Brazzel-Massaro
          Connecticut Superior Court
          for the Judicial District of Stamford-Norwalk
          123 Hoyt Street
          Stamford, CT 06905

          Court overseeing the Action

          Matthew L. Tuccillo, Esq.
          Pomerantz Haudek Grossman & Gross LLP
          100 Park Avenue
          New York, NY 10017

          Counsel for Plaintiff GSS 5-08 Trust

          Thomas D. Goldberg, Esq.
          DAY PITNEY LLP
          One Canterbury Green
          201 Broad Street
          Stamford, CT 06901

               - and -

          Robert H. Baron, Esq.
          Cravath, Swaine & Moore LLP
          Worldwide Plaza
          825 Eighth Avenue
          New York, NY 10019

          Counsel for Defendants Arch Chemicals, Inc., Michael E.
          Campbell, Richard E. Cavanagh, David Lilley, William H.
          Powell, Daniel S. Sanders, Janice J. Teal and Douglas J.

          Joseph L. Clasen, Esq.
          1055 Washington Boulevard
          Stamford, CT 06901-2249

               - and -

          C. John Koch, Esq.
          Jenner & Block LLP
          353 N. Clark Street
          Chicago, IL 60654-3456

          Counsel for Defendants Lonza Group Ltd. and LG
          Acquisition Corp.

Any objection must include: (1) a written notice of an intention
to appear (if such Settlement Class Member intends to appear); (2)
proof of ownership of Arch common stock and membership in the
Settlement Class; (3) a detailed statement of such person's
objections to any matters before the Court; and (4) the grounds
therefore or the reasons that such person desires to appear and be
heard, as well as all documents or writings such person desires
the Court to consider. To be considered timely, such materials
must be complete and post-marked on or before February 1, 2012.

For copies of the complete settlement documents, please contact
Matthew L. Tuccillo, Pomerantz Haudek Grossman & Gross LLP, 100
Park Avenue, New York, NY 10017.

Any questions regarding the Settlement should be directed to
Plaintiff's Counsel, whose details are stated above.  PLEASE DO

DATED: November 22, 2011


CHICAGO TRIBUNE: Accused of Increasing Rates Without Prior Consent
Cheryl Naedler, on behalf of plaintiff and a class v. Chicago
Tribune Company, Case No. 2011-CH-42347 (Ill. Cir. Ct., Cook Cty.,
December 9, 2011) is brought to secure redress for the action of
Chicago Tribune in charging increased subscription costs to its
customers' credit or debit cards using the information regarding
such credit or debit cards in its files, without informing the
customers in advance of the rate increase or securing its
customers' consent to continuing doing business at the increased

The Plaintiff relates that in 2011, Chicago Tribune substantially
increased the cost of her subscriptions from $42.50 to $97.50 per
quarter.  She contends that Chicago Tribune charged the increased
subscription costs to its customers' credit or debit cards for
charges that were not authorized or agreed to by its customers.

Ms. Naedler was a Chicago Tribune subscriber who had her
subscription charged to a Visa card on a quarterly basis.

Chicago Tribune, an Illinois corporation, publishes and sells the
Chicago Tribune newspaper.

The Plaintiff is represented by:

          Daniel A. Edelman, Esq.
          Cathleen M. Combs, Esq.
          James O. Latturner, Esq.
          Francis R. Greene, Esq.
          120 S. LaSalle Street, 18th Floor
          Chicago, IL 60603
          Telephone: (312) 739-4200
          Facsimile: (312) 419-0379
          E-mail: courtecl@edcombs.com

FACEBOOK: Seeks Transfer of Likeness Class Action to California
Steve Korris, writing for The Madison St. Clair Record, reports
that Mark Tamblyn and Ian Barlow of Sacramento, who dropped a
class action against Facebook and joined Stephen Tillery of
St. Louis in a similar action here, should return to California
and take Mr. Tillery along, Facebook owners assert.

On Dec. 8, San Francisco lawyer Matthew Brown asked U.S. District
Judge Patrick Murphy to transfer Mr. Tillery's case to the
Northern District of California.

Mr. Tillery represents parents of two teenagers claiming Facebook
misappropriated their names and likenesses for commercial purposes
without parental consent.

"Plaintiffs' counsel cannot dispute that venue and jurisdiction
are proper in the Northern District of California, as Messrs.
Tamblyn and Barlow previously filed and dismissed a highly similar
lawsuit, Downey, in that district," Mr. Brown wrote.

He wrote that the teens have continued logging into Facebook since
the parents sued, and must abide by a statement of rights that all
users affirm.

The statement requires resolution of disputes in federal or state
court in Santa Clara County, Calif., according to Mr. Brown.

Accounts apparently matching the teens showed 185 logins for one
and 94 for the other since the parents sued, Mr. Brown wrote.

Mr. Brown didn't intend to put the exact numbers of logins in the
public record.

He filed his brief under seal, but Judge Murphy immediately
ordered the clerk to unseal it.

Mr. Brown blacked out bits of it and filed it again.

That satisfied Judge Murphy.

"Facebook now has filed redacted versions of the documents that it
formerly filed under seal," Judge Murphy wrote.

"Accordingly, the Clerk of Court is directed to strike in their
entirety both Document 58 and Document 59 from the electronic
docket of this case," he wrote.

The clerk hadn't done it by the end of the day, so the public
could read both the brief and the redacted brief.

The brief gave numbers of logins, but bars covered them in the
redacted brief.

The brief stated that the teens registered on Aug. 2, 2010, and
Feb. 3, 2010, but the redacted brief covered the dates.

One section of the brief stated that the teens used their accounts
frequently since filing suit, and another section stated that they
accessed the accounts regularly.

The redacted brief covered the adverbs, "frequently" and

Mr. Brown argued without redaction that Facebook employs 23
persons in Illinois, all at Chicago, and none with relevant

He wrote that a pending suit in Northern California alleges
misappropriation of names and likenesses for all ages, with a
subclass of minors.

He wrote that the most witnesses and documents would be at
Facebook headquarters in Menlo Park, Calif.

Tillery sued Facebook in June, claiming it improperly advertised
what users like.

He proposed a national class action or a class action in
California, Ohio, Nevada, Illinois and Indiana.

Messrs. Tamblyn and Barlow filed a similar suit for a New Jersey
father at federal court in San Francisco in July, but voluntarily
dismissed it in August.

Judge Murphy presides over Mr. Tillery's case while his wife
Patricia Murphy of Energy works with Mr. Tillery in a class action
over weed killer atrazine before District Judge Phil Gilbert.

FISKVILLE CFA: May Face Class Action Over Toxic Chemicals
Shelley Hadfield and Angus Thompson, writing for Herald Sun,
reports that a class action could be launched against the CFA on
behalf of those who believe they were affected by the use of toxic
chemicals at Fiskville.

Already 27 people have contacted law firm Slater & Gordon and at
least 12 more have called Maurice Blackburn.

The Herald Sun last week broke the story of the use of dangerous
chemicals at the Fiskville CFA training college, near Bacchus
Marsh, in the 1970s and 1980s. It has so far been linked to at
least 15 deaths.

The general manager of Slater & Gordon's class action department,
James Higgins, said the firm had been contacted by people who had
lost loved ones or had developed kidney, prostate, breast and
pancreatic cancer.

There were also some who had developed a type of skin cancer
normally associated with smoking, Mr. Higgins said.

Residents and firefighters were among those who had contacted the
firm, he said.

"A class action is a possibility.  We will be seeking compensation
for them, regardless of the legal mechanism," Mr. Higgins said.

Maurice Blackburn associate lawyer Victoria Keays said the firm
would look at claims individually then determine what was the best
means of seeking compensation.

A CFA spokesperson said it would not speculate on any class action
or whether a compensation fund would be established.

"At this stage we've got an investigation under way and we've
appointed someone to head that investigation," the spokesperson

CFA chief Euan Ferguson has pledged the fire authority will look
at a scientific report into contamination at the Fiskville
training site.

As 25 CFA recruits graduated as career firefighters at the
training base on Dec. 9, Mr. Ferguson defended the organization's
safety record.

Practices were now different to what they were in the 1980s,
Mr. Ferguson said.

He said the CFA had contacted former instructor Alan Bennett to
scour a report revealing that staff -- many of whom have suffered
or died of cancer -- were exposed to carcinogenic chemicals.

But he said the CFA was unaware of any proven link between cancer
and the chemicals burned in training drills and later buried at

"I'm aware of people who have died.  I couldn't give you a
forensic analysis of the cause of their deaths, certainly some of
them have died of cancer but we're not aware of any link."

GOV'T OF IRAN: Judge Orders Entry of Default in Class Action
On December 9, 2011, Larry Klayman, the founder of Freedom Watch
and before that Judicial Watch, disclosed that Judge Beryl Howell
of the U.S. District Court for the District of Columbia ordered
the entry of default against defendants, Mahmoud Ahmadinejad,
Ayaltollah Sayid Ali Hoseyni Khamenei, the Army of the Guardians
of the Islamic Revolution and the Islamic Republic of Iran, in a
class action lawsuit brought by victims of the regime.
Mr. Klayman is the attorney who filed the case.

The lead plaintiffs, Akbar and Manoucher Mohammadi, brothers, were
the first to call for regime change during the early stages of the
modern freedom movement in Iran.  Mr. Akbar was tortured and
murdered in Evin prison, and Mr. Manoucher was also tortured and
held for seven years, under a death sentence.  Mr. Manoucher
ultimately escaped and found freedom in the United States.  But
the case is far broader than just these two heroic freedom
fighters and was brought on behalf of all of the victims of the
regime, including U.S. servicemen who were murdered as a result of
Iranian bounties put on their heads.

The case will now proceed to a hearing to determine damages and
for entry of judgment.  At this trial, the testimony of the
victims of the regime will be heard and resonate throughout the
world.  In effect, the trial could ultimately prove similar to the
historic Nuremberg trials, vividly exposing in graphic detail the
inhuman atrocities of this radical Islamic regime, much as
occurred with the Nazis, in a court of law.

This suit is not only important to obtain justice for the victims
and their families, but at this time in history for the world to
be confronted with the reality that Iran is the most heinous of
all the terrorist states.  Iran is a major threat to world peace,
and the regime must be finally dealt with, rendered impotent, and
removed by the civilized world before another "Holocaust" results.
In so doing, not only will the Persian people be freed from
bondage and terror, but the nuclear threat will have been largely
eliminated, and Israel and the west protected from the horrors of
this regime.

The court will be holding a status conference on Dec. 16 at 9:30
a.m. to schedule further proceedings.

For more information or an interview call 310 595 0800 or e-mail

The complaint and other pleadings can be found at

The case number in federal court is 09-1289 (BAH) and a review of
the file can be obtained through the court's Pacer system and its
Web site.

GOV'T OF ITALY: Codacons Mulls Class Action Over Pension Changes
AGI reports that Codacons has come down strongly against any
change to the age of retirement.  Indeed, the consumer's group is
organizing a massive class action in defense of acquired rights
and for compensation measures.  "The government's latest
legislative action has cancelled, without any plausible
justification, a series of Italian pensioners' rights achieved
after a lifetime of work and sacrifice, forcing thousands of
people close to retirement to continue working and to change their
life plans.  Indeed, the new legislation is grossly illegal,
causing an entirely unjustified disparity of treatment between
people about to retire and the retired", stated the organization.

GOV'T OF NEW ZEALAND: Health Ministry May Face Flouridation Suit
Matt Rilkoff, writing for Taranaki Daily News, reports that New
Plymouth residents suddenly feeling perky after the cessation of
water fluoridation were being asked to join a lawsuit action
against the Health Ministry.

Fluoridegate Legal Action NZ was advertising on Dec. 10 to find
people who might have had a chemical intolerance to fluoride and
would be interested in joining a class action lawsuit against the

The advertisement stated that those suffering from chronic
fatigue, gastric and digestive problems requiring medication, skin
problems and tingling nerves in fingers or toes might have a
chemical intolerance to fluoridation.  If so, their symptoms might
be disappearing.

In October the New Plymouth District Council unexpectedly decided
to stop fluoridating the district's water supply but it has taken
until now for the water to be essentially free of added fluoride.

Mark Atkin, of FLANZ, said he had timed the advertisement to run
when people might be noticing a difference in how they feel.

"They ministry refuses to accept anyone is intolerant to fluoride.
People are allergic to peanuts, pineapple, iodine, everything in
the world some people have an intolerance to, but the ministry
says people don't have one to fluoride," Mr. Atkin said.

In a bid to show they do have an intolerance, some of those who
join the class action will be subjected to independent tests to
demonstrate their reaction to fluoride.

Mr. Atkin believes it is this evidence and a deal he has struck
with "one of the country's top law firms" that will ultimately see
the case succeed.

"We'll have all the evidence they will have none.  There has been
no studies to disprove chemical intolerance," he said.

Despite the risk of independent testing also revealing no link
between fluoride and illness, Mr. Atkin is confident that would
not happen.  He expected to be ready to start the suit within two

A spokesman for the ministry said on Dec. 9 there was no basis for
any legal action about fluoridation.  "Fluoridation of water
supplies is supported by respected authorities, including the
World Health Organisation.  Water fluoridation is a safe,
effective and affordable way to prevent and reduce tooth decay
within communities," the spokesman said.

GOV'T OF WEST AUSTRALIA: Margaret River Fire Victims Mull Suit
Amanda O'Brien, writing for The Australian, reports that nearly a
quarter of property owners who lost homes in the Margaret River
bushfires have contacted a major law firm to discuss suing the
West Australian government just days after it flagged a possible
class action.

Nearly a quarter of property owners who lost homes in the Margaret
River bushfires have contacted a major law firm to discuss suing
the West Australian government just days after it flagged a
possible class action.

And experts warned on Dec. 9 that the litigants could include
people whose homes were not destroyed.

Bushfire litigator Kevin Banks-Smith told The Weekend Australian
that a range of other losses, including reduced home values, could
be involved.

Former federal police chief Mick Keelty was set to front a
community meeting in Margaret River on Dec. 11 to begin a
government-commissioned inquiry into the fire, which claimed its
first government casualty this week when Emergency Services
Minister Rob Johnson lost his portfolio.

The blaze, which started from a prescribed burn by the Department
of Environment and Conservation, destroyed 32 homes and nine
chalets in the surfing, wine and tourism region 360km south of
Perth.  The seaside hamlet of Prevelly was worst affected.

Mr. Banks-Smith, who is working with law firm Slater & Gordon on
the possible class action, already represents 101 people taking
action in the Supreme Court against state-owned electricity
provider Western Power over a 2009 fire that destroyed 38 homes in
Toodyay, 85km north of Perth.  That fire was linked to a fallen
power pole but Western Power denied liability.

Mr. Banks-Smith said he expected a similar size group from the
Margaret River fire if losses were not covered.

Premier Colin Barnett has refused to commit to compensation, and
instead urged people to wait for Mr. Keelty to report next month.

"But if people choose to take civil action, they can do so," the
Premier said.

Mr. Banks-Smith said feelings were running high as people worried
about their future.

"In my experience handling several WA fires, impacted residents
with the normal house and contents cover will still be left with
significant losses, possibly up to 50%," he said.

"This is not their fault, but is simply the way insurance policies

"Slater & Gordon will also be specifically investigating if the
value of the unaffected homes in Prevelly have been adversely
affected by the surrounding fire damage.

"This type of loss is not normally covered by the usual home and
contents insurance, but can be sought by way of legal action if
that step is necessary."

GPT GROUP: Slater & Gordon Files Class Action
Andrew Tsanadis, writing for Money Management, reports that Slater
and Gordon has filed a representative proceeding against the GPT
Group in the Federal Court of Australia (GPT), alleging that the
company engaged in misleading and deceptive conduct.

According to the law firm, the claim has been brought on behalf of
investors who acquired stapled securities between February 27,
2008 and July 6, 2008.  Those investors proceeded to execute
litigation funding agreements with Comprehensive Legal Funding LLC
as at December 7, 2008.

Slater and Gordon practice group leader Ben Phi confirmed that the
firm would be representing a "large number of institutional and
retail investors that acquired stapled securities" during the
aforementioned period, and proceedings were now underway
"following a failed attempt to resolve the matter at mediation".

The claim alleged that GPT engaged in misleading conduct in
relation to -- and breached its continuous disclosure obligations
following -- the 2008 earnings and distribution guidance that
accompanied the release of its 2007 Full Year Statutory Accounts.

The class action is now closed to new members, but Slater and
Gordon stated that GPT investors who did not execute litigation
funding agreements before December 7, 2008, can register their
details on the firm's Web site.

HEART CHECK: Customers Await Resolution of Class Action
Loni Blandford, writing for KNTV, reports that a local company
could soon be held financially responsible for suddenly closing up
shop and leaving its customers high and dry.  Those customers
signed thousand dollar contracts with a medical imaging company.
"I was just sucked in there's no other way around it and so was
everybody else," said Les Hugle.

Sucked in Mr. Hugle says by the piece of mind that would come with
knowing he was in good health.  Mr. Hugle signed up with Heart
Check America after visiting the company's office on Sahara near
Buffalo in October 2010.  Mr. Hugle and his wife financed the
almost $3,500 cost for full body scans through Chase Health

"There's payment records here for probably 6 months then we just
paid the whole note off," said Mr. Hugle.

They got their first scans and visited their doctor.  Since they
weren't due for another scan until October 2012, Mr. Hugle didn't
think much about it until his friend mentioned something.

"I think this place just closed up, we can't get them on the
telephone," said Les.

Closed up not only in Las Vegas, but several other states as well,
after officials in Nevada and Colorado found the company was
scanning people without a doctor's order which is against state
law.  With his bill paid in full, Mr. Hugle wondered if all that
money is just gone.

""You don't want to but you kind of write it off and say oh well,"
said Mr. Hugle.

But he wasn't alone.  Attorney George West III filed a class
action lawsuit on behalf of another valley customer against the
company and Chase Bank.

"If they financed their contract through Chase Advance Health or
through Conrad Acceptance and were making payment to either of
those entities they automatically fall into the definitions of the
class," explained Mr. West.

Mr. West says there are other class actions pending against the
company in California, Illinois and Colorado.  He is now working
with attorneys in those states hoping a resolution will help
customers like Mr. Hugle.

"I'm out of work right now, money would come in very handy," said
Mr. Hugle.

Nevada's Attorney General says they are working with Attorneys
General in other states.  So far this year, the Attorney General's
Office in Colorado has received 179 complaints against Heart Check
America.  Nevada's Attorney General office didn't have exact
numbers but Action News has heard from more than 100 customers.

JAMES LATHAM PETERS: Sued Over Hepatitis C Infection
Shelley Hadfield, writing for Herald Sun, reports that a woman has
launched legal action against an anaesthetist accused of infecting
patients with hepatitis C.

The woman is believed to be the first person to launch civil
action in the case.

Slater & Gordon is preparing a class action on behalf of about 50
people against James Latham Peters in coming weeks.

Last week, a woman lodged a writ in the Supreme Court against
Dr. Peters, 62.

She claims she had a termination at the Croydon Day Surgery in
2009 and seven months later was diagnosed with hepatitis C.

The woman is also taking action against the Croydon Hospital,
which trades as the Croydon Day Surgery, surgery owner Mark
Schulberg and the Medical Board of Australia.

The woman alleges Dr. Schulberg was responsible for supervising
Dr. Peters.

The Medical Board of Australia said it was yet to be served: "If
this happens, the board will carefully review the claims made and
decide on an appropriate course of action."

Slater & Gordon principal lawyer Julie Clayton said the separate
class action would be against Dr. Peters, Dr. Schulberg and the
Australian Health Practitioner Regulation Agency.

It is understood Dr. Schulberg will defend the actions.

Dr. Peters, 62, is facing 162 charges, including 54 counts each of
conduct endangering life, recklessly causing injury and negligence
causing serious injury in 2008 and 2009.

Charge sheets lodged with the Melbourne Magistrates' Court say:
"The accused . . . recklessly engage(d) in . . . using and sharing
intravenously administered anaesthetic drugs . . . knowing he was
infected with the hepatitis C virus, (which) may have placed
person/s in danger of death."

His committal hearing will return to court in May.

MF GLOBAL: Shareholders File Class Action v. Former Officers
Courthouse News Service reports that a class of stockholders has
filed suit over the collapse of MF Global Holdings, claiming that
financial institutions and former MFG officers like Jon Corzine
artificially inflated the value of MFG's common stock.

The case, which was filed in U.S. District Court for the Southern
District of New York, is Robert Daly Jr. v. Jon S. Corzine;
Goldman, Sachs & Co.; Citigroup Global Markets; Merrill Lynch.

MULTIBAND EC: Faces Class Action Over Negligent Hiring
Kevin Koeninger at Courthouse News Service reports that in a class
action, a woman claims a DirecTV affiliate hired an installer with
a criminal history who photographed and stole underwear from her
and her daughter, then wrote fantasies about them and posted them
on the Internet.

The woman, M.B., seeks punitive damages from Multiband EC Corp.
and DirecTV and Joseph McCaleb, who is in jail.  She alleges
trespass and conversion, negligence and intentional infliction of
emotional distress, in Kenton County Court.

She claims the defendants hired Mr. McCaleb as a satellite TV
installer, knowing he would enter people's homes, despite his
history that included domestic relations orders and criminal
violations of the orders, enabling Mr. McCaleb to "enter the homes
of DirecTV subscribers and steal young girl's underwear and
women's lingerie."  Mr. McCaleb, whose address is listed as the
Ripley County, Indiana Jail, was hired by Multiband EC, a
subcontractor of DirecTV, to install satellite TV in customers'
residences despite having been "terminated from a job with similar
duties . . . for question[able] behavior and activities while on
the clock," according to the complaint.

The woman claims Mr. McCaleb "would take pictures of feminine
clothing and write fantasies and nickname the women whom he had
visited.  He also would attempt to contact the subscribers via the
Internet using Facebook or text message them.

"As an employee of Multiband he would have access to subscribers'
names, addresses and telephone numbers.

"On more than once occasion, McCaleb would burglarize subscribers'
homes, including plaintiff."

Suing on her own behalf and for her minor daughter, M.B. claims
that "while installing the DirecTV, McCaleb stole numerous
articles of the plaintiffs' clothing including bathing suits,
underwear and lingerie.  McCaleb told the plaintiff . . . that he
had not completed the work and would need to return the next day
to complete the project.

"McCaleb returned . . . to complete the installation of the
satellite television wiring and system.  While at the residence,
the defendant engaged the plaintiff's children in conversation,
finding out their names and other information.  Upon information
and belief, McCaleb had not been issued a work order by Multiband
EC to return to the (plaintiffs') residence.

"During one of his two visits to the (plaintiffs') residence,
McCaleb stole clothing items.  It is believed he also took
photographs of the undergarments in the plaintiff's daughter's
bedroom on her bed.

"As was customary with many of his victims, he wrote journal
entries and other inappropriate writings and fantasies about the
plaintiff and her daughter.  McCaleb nicknamed the plaintiffs
based on their clothing and physical features.  It is believed
McCaleb posted these writings on the Internet."

The complaint states that Mr. McCaleb had a civil protection order
filed against him in Greene County, Ohio with charges that
"included the following, which are part of public records
accessible by the public and potential employers of the defendant,
including defendant Multiband: 'McCaleb sent retaliatory e-mails .
. . left unsolicited gifts . . . sent e-mails that threatened
violence causing the victim to relocate; [and] McCaleb intercepted
the victim's credit card statements while using his computer.'"

Suing as representatives of all DirecTV customers who were
subjected to similar experiences, the mother and daughter say:
"Multiband EC had a duty to conduct reasonable background searches
and have diligent hiring practices when employing people who had
access to private property and personal residences of DirecTV

"Multiband EC failed in discovering during its hiring practices
that Joseph McCaleb had a prior criminal record which a reasonable
employer would have discovered through a criminal background
check, a fingerprint check, or a 'google' search of Joseph
McCaleb's name."

M.B. seeks punitive damages for negligent hiring and supervision,
conversion, trespass and intentional infliction of emotional

A copy of the Complaint in Berling v. Multiband EC Corporation, et
al., Case No. 11-CI-3070 (Ky. Cir. Ct., Kenton Cty.), is available


The Plaintiff is represented by:

          Steven Joseph Megerle, Esq.
          MEGERLE LAW
          618 Washington Street
          Covington, KY 41011
          Telephone: (859) 581-1047
          E-mail: sjmegerle@megerlelaw.com

OLYMPIC ATHLETIC CLUB: Lifetime Members File Class Action
Anne-Marije Rook, writing for Ballard News-Tribune, reports that
three members of Ballard's Olympic Athletic Club filed a class
action lawsuit against the club owners on Dec. 9 for refusing to
honor lifetime memberships that the club sold in the 1980s.

John Ruebel, Tobi Goldman, and Kevin Van Ness are asking the King
County Superior Court to rule that the club must continue honoring
the contracts of all lifetime members, many of whom have been with
the club for 30 years.

"We allege Olympic Athletic Club's refusal to honor lifetime
memberships is unfair and deceptive.  When our clients purchased
memberships described as 'lifetime' and paid substantial
compensation for those memberships, they had every right to expect
the club would honor its contracts," said Toby Marshall, who
represents the lifetime members in a press release.  "Many
lifetime members have been involved with the club since it first
opened its doors, and their support has been crucial to the club's

Lifetime members first learned of the club's decision to terminate
their lifetime memberships in a letter they received at the end of
November.  The letter, which was signed by the club's general
manager, states that Olympic Athletic Club has been sold and the
new owner, as part of the purchase, did not agree to service the
lifetime memberships.

The lawsuit questions whether the purported sale was for the
purpose of avoiding the club's obligation to honor the lifetime
memberships.  Olympic Athletic Club was founded in 1979 by James
and Debera Riggle.  According to Secretary of State records, the
Riggles are officers in Sewanee, the company to be the new owner
of Olympic Athletic Club.

News of the club's decision did not sit well with lifetime
members.  When the memberships were originally sold in the 1980s,
they cost as much as $5,000 each.  Purchasers were told that they
would be members were for life, that they would never have to pay
dues, and that they could sell, will, or transfer their

"I have been a loyal member of Olympic Athletic Club for
30 years.  I am extremely disappointed that one of Ballard's
longstanding businesses is breaking its promise to me and other
lifetime members," said plaintiff John Ruebel in a press release.
"You might expect something like this from a national chain, but
not Ballard's local health club."

Last week lifetime members of the Olympic Athletic Club in Ballard
received letters from general manager Mark Durall stating that the
club has been sold and their lifetime memberships will be
dissolved at the end of December.

The change in practice mostly affects seniors and members who have
been with the club for decades and, understandably, they are

"We signed a legal contract for a 'lifetime' membership and now
they're saying that the new owners won't honor that contract,"
said Kevin Seabeck who has been a member since 1986.  "It's like
they are saying "we don't want you in our club anymore."

"This is unacceptable," added sister Mary Seabeck who signed up
for the lifetime membership 32 years ago.  "I was 19 at the time
and used my income tax return of that year to pay for it."

In 1982, the lifetime membership was offered for a one-time fee of
over $2,500, according to lifetime member Shellie Hoffer.

Mr. Seabeck said he's is trying to mobilize other lifetime members
and threatened to sue the gym if they don't honor the contract.

"This can't be legal.  I'm trying to get everyone involved because
there's strength in numbers," Mr. Seabeck said.

Mr. Durall was unavailable for comment but an OAC employee
revealed that he is working on the issue.  He is personally
meeting with lifetime members to discuss their options.

It's not uncommon for clubs to change their membership practices
once the business is sold but the question is, is it legal to
revoke existing legal contracts?

According to the letter, lifetime members will be offered a month-
to-month membership if they bring in their original contract.

"I'm very upset.  I signed a contract that said I wouldn't have to
pay dues," Ms. Seabeck said.

It is also curious that Washington Secretary of State records show
that the corporation that purchased the club, Sewanee Inc., has
some of the same governing members as Olympic Racquet and Health
Club Inc, which is the previous owner.

Owner James Riggle, chairman of the Olympic Racquet and Health
Club, is now serving as vice president of Sewanee Inc.

Likewise, Debera Riggle was vice president and treasurer at
Olympic Racquet and Health Club, and she now serves as secretary
of Sewanee, Inc.

The corporations also share the same agent.

In April the owners of the OAC announced its plans to expand their
facilities to include commercial lodging.  The plans are to change
the one-story garage into a four-story, 29 unit lodging space with
12,800 square feet of fitness space, and 2,650 square feet of
retail space.  Parking for 63 vehicles will be located at and
below grade.  Additionally, the OAC will expand on the second and
third floors of the proposed building, with retail on the bottom
floor and a hotel on the top floor.

PACIFIC BELL: Employee Sues Over Wrongful Termination
Courthouse News Service reports that a longtime employee claims
Pacific Bell Telephone and AT&T fired him illegally, for joining a
labor class action as a plaintiff.

PREFERRED POOL: Faces Antitrust Class Action in New Orleans
Courthouse News Service reports that Preferred Pool claims in a
federal antitrust class action filed in New Orleans that Pool
Corporation and SCP Distributors conspire to monopolize the market
for pool products and block new entrants to the market.

PUBLISHERS: Motion to Dismiss Deadline Extended in E-Book Suit
Publishers Weekly reports that it looks like 2012 is shaping up to
be an interesting year for publishers and the agency model.  With
multiple class action lawsuits filed this summer against
publishers over the 2010 switch to the agency model (some also
including Amazon and Barnes & Noble), the matter has been referred
to the U.S. Judicial Panel on Multidistrict Litigation (MDL Panel)
to coordinate and consolidate the cases, either in New York or
Northern California.  According to Barnes & Noble's quarterly
filing with the U.S. Securities and Exchange Commission, the MDL
Panel met on December 1, 2011, and the deadline for filing motions
to dismiss has been extended until after the complaints have been
consolidated, and an amended complaint is filed in the case's new

Within weeks this summer, three suits, were filed in Manhattan,
and two suits were filed in California, including the original
suit, filed August 9, by firm Hagens Berman.  The suits all allege
that the simultaneous introduction of the agency model by the
major publishers reflects an illegal conspiracy to "artificially
inflate" e-book prices, and to effectively end "retailer
discretion" for e-book pricing.

According to the filings, the price fixing conspiracy occurred as
Apple negotiated terms with publishers in anticipation of the 2010
iPad release.  On January 27, 2010, when asked by reporters how
Apple's e-bookstore would compete with Amazon's $9.99 price,
Apple's Steve Jobs responded that the prices "would be the same."
That public pronouncement, one suit alleges, "was a signal to
Publisher Defendants that each of them had agreed to join the
conspiracy."  The following day, January 28, Macmillan CEO John
Sargent told Amazon of its switch to the agency model.  "This
would have been irrational if Macmillan had not expected its
primary competitors to follow suit," one lawsuit notes.  "Acting
alone, no individual publisher would be able to sustain the supra-
competitive prices."

Meanwhile, the U.S. Department of Justice Department last week
confirmed that it was following suit with the European Union,
confirming that it too was looking into e-book pricing.  In a
statement to the public, Sharis Pozen said the Justic Department
is "investigating the electronic book industry, along with the
European Commission and the states' attorneys general."

ROY O. MARTIN: Toxic Chemical Suit Can't Proceed as Class Action
Town Talk reports that the Louisiana Supreme Court last week ruled
that plaintiffs in a 2003 lawsuit against Roy O. Martin Cos. LLC
and another company don't meet some of the legal requirements to
sue as a class in their pursuit of damages from the operations at
Durawood Treatment Co. in Alexandria.

In 2010, plaintiffs in Roger E. Price v. Roy O. Martin were
granted the legal status to pursue a class-action lawsuit against
Martin Cos. and Beezer East Inc. by 9th District Judge Harry

Residents who lived within 1-mile radius of the plant joined the
suit, which claimed they were harmed by toxic chemicals used at
Durawood.  Those who filed the suit claimed there were more than
3,000 others who wished to join the lawsuit.

Class status is sought in cases where the number of plaintiffs is
so great it would make individual court claims too cumbersome.
Plaintiffs must meet five requirements, including a common claim
against the defendants.

"With regard to this consideration, we find that the claims (in
the Price suit) are so highly individualized that class
certification likely will be unfair to members who have claims
stronger" than others in the lawsuit, Supreme Court Justice John
L. Weimer wrote in the 23-page opinion.

Justice Weimer wrote that 500 members of the class have filed
individual claims against Martin Cos. and Beezer.

"The difficulties likely to be encountered in the management of a
class action such as that proposed by plaintiffs do not warrant a
finding that the class is a superior method for fair and efficient
adjudication of this controversy," Justice Weimer wrote.

The court sent the case back to Judge Randow's court.

The Price lawsuit makes the same claims as one heard in 9th
District Court this past summer.

Maxine Gaston sued operators of the plant, on Willow Glen River
Road in Alexandria, alleging the multiple myeloma she suffers from
was a result of living near the plant for decades.

A jury found Martin Cos. and Beezer East were not responsible for
Ms. Gaston's bone cancer.

Martin Cos. owned Durawood from 1970 until 2000.

There are hundreds of current and former Alexandria residents
listed as plaintiffs in the lawsuit through which Ms. Gaston sued.

SONY COMPUTER: Remaining Claim in PS3 Class Action Dismissed
Nick McCann at Courthouse News Service reports that a federal
judge has dismissed the remaining claim by a class who said Sony
reneged on its promise to let PlayStation 3 video game consoles
function as computers.

Sony said the console was designed so users could "play games,
watch movies, view videos, listen to music and run a full-featured
Linux operating system that transforms your PS3 into a home
computer," according to the class complaint filed in April 2010.

Lead plaintiff Anthony Ventura says he bought a Playstation 3
instead of the Microsoft Xbox 360 or Nintendo Wii because Sony's
system offered this Linux feature, even though "the PS3 was
substantially more expensive."

In March 2010, Sony announced on its Web site that its latest
software update for the PS3 would no longer support Linux.  PS3
owners who wanted to sign onto the PS3 Network to play games
online or use their PS3 to play Blu-ray discs would have to
download the software update, the class claimed.  But the update
would disable their Linux capability, forcing them to choose
between using Linux or the PS3's other features.

To the frustration of many PS3 owners, the class said Sony
disabled PS3's much-hyped OtherOS operating system installer after
a hacker "jailbroke" a PS3.

The "jailbreak" prodded Sony to swiftly release a software update
disabling OtherOS and frustrating PS3 owners, the complaint said.

In February, U.S. District Judge Richard Seeborg dismissed most of
the class claims with leave to amend, finding the plaintiffs
failed to state a claim.

"While it cannot be concluded as a matter of law at this juncture
that Sony could, without legal consequence, force its customers to
choose either to forego installing the software update or to lose
access to the other OS feature, the present allegations of the
complaint largely fail to state a claim," Judge Seeborg wrote in
February.  "Accordingly, with the exception of one count, the
motion to dismiss will be granted, with leave to amend."

Judge Seeborg granted Sony's motion to dismiss the remaining claim
on Dec. 8 under the Computer Fraud and Abuse Act.

Judge Seeborg found the plaintiffs could not prove that they had a
right to expect the OS feature beyond Sony's warranty period or
continued access to the Playstation Network (PSN).

"The dismay and frustration at least some PS3 owners likely
experienced when Sony made the decision to limit access to the PSN
service to those who were willing to disable the Other OS feature
on their machines was no doubt genuine and understandable.  As a
matter of providing customer satisfaction and building loyalty, it
may have been questionable," Judge Seeborg wrote.

"As a legal matter, however, plaintiffs have failed to allege
facts or articulate a theory on which Sony may be held liable," he

A copy of the Order Granting Motion to Dismiss, Without Leave to
Amend, and Denying Motion to Strike as Moot in In Re: Sony PS3
Other OS Litigation, Case No. 10-cv-01811 (N.D. Calif.), is
available at:


STATE OF WASHINGTON: Faces Class Action Over Medicaid Cuts
Courthouse News Service reports that a federal class action claims
Washington state violated federal law by making severe cuts to
personal care services for disabled children, set to kick in
Dec. 15.

A copy of the Complaint in D.B., et al. v. Susan Dreyfus, et al.,
Case No. 11-cv-02017 (W.D. Wash.), is available at:


The Plaintiffs are represented by:

          Amy L. Crewdson, Esq.
          Gregory D. Provenzano, Esq.
          711 Capitol Way S., Suite 304
          Olympia, WA 98501
          Telephone: (360) 943-6260

WAL-MART: New Discrimination Class Actions May Fail
Amy Wolf, writing for Vanderbilt News, reports that in a second
legal step after the U.S. Supreme Court turned down a national
class action discrimination lawsuit filed against Wal-Mart on
behalf of more than a million female employees, a series of
statewide class action lawsuits are being launched.  But
Vanderbilt Law School professor Brian Fitzpatrick believes these
new lawsuits will fail for the same reasons the nationwide suit

"The women in each of the new suits do not have anything in common
with one another," said Mr. Fitzpatrick.  "Because Wal-Mart
delegated decision-making to local store managers, the litigation
will have to go forward on a store-by-store basis in order to
satisfy the Supreme Court's commonality test."

So far, women representing current and former female Wal-Mart
employees have filed two new smaller lawsuits claiming sex
discrimination in pay, one in California and another in Texas.
Rather than bringing together all of Wal-Mart's female employees,
the suits bring together all of Wal-Mart's female employees in a
particular region.

This past June, the Supreme Court held that the lawsuit could not
be maintained as a class action.  The Court said the claims by the
1.5 million women did not have anything in common since Wal-Mart
delegated discretion hiring and promotion decision-making to local
store managers, thus, the Court held, there was nothing binding
all of the women's claims together.

In these cases, the employment decisions were made in the
discretion of thousands of local store managers.  "In these cases,
the employment decisions were made in the discretion of thousands
of local store managers.  Normally, that sort of individualization
defeats commonality, but, the plaintiffs allege that not having a
centralized employment practice was a company policy common to all
the women's cases-that is, that Wal-Mart essentially had a policy
not to have a policy," said Mr. Fitzpatrick.

These cases involve what may be the largest employment
discrimination case in American history, where hundreds of
thousands-if not millions-of women have sued Wal-Mart for gender

"If the Court ruled on the side of the plaintiffs, the potential
damages in the case may be in the billions of dollars, which
places the case in rarefied company," said Mr. Fitzpatrick.  "In
my empirical study of all class action settlements in federal
court from 2006-2007, there were only eight settlements for a
billion dollars or more."


S U B S C R I P T I O N   I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Frederick, Maryland USA.  Leah
Felisilda, Noemi Irene A. Adala, Joy A. Agravante, Julie Anne
Lopez, Christopher Patalinghug, Frauline Abangan and Peter A.
Chapman, Editors.

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

This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
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Information contained herein is obtained from sources believed to
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The CAR subscription rate is $575 for six months delivered via
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firm for the term of the initial subscription or balance thereof
are $25 each.  For subscription information, contact Christopher
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