/raid1/www/Hosts/bankrupt/CAR_Public/120615.mbx              C L A S S   A C T I O N   R E P O R T E R

             Friday, June 15, 2012, Vol. 14, No. 118


AMBOW EDUCATION: Glancy Binkow & Goldberg Files Class Action
AMERICAN TRAFFIC: Missouri Court Upholds Red-Light Camera Ruling
AMERICAN TRAFFIC: 5th Cir. Upholds Red-Light Camera Ruling
BEAZOR EAST: Lynchburg City Schools Get Share in Settlement
BLIZZARD: Korean Gamers Mull Class Action Over Diablo III Server

CALIX INC: Suits Challenging Occam Merger Remain Pending
CALIX INC: Continues to Defend "Rebhun" Suit in Delaware
CITIBANK NA: Faces Class Action Over Use of Autodialers
COMSCORE INC: Continues to Defend Privacy Class Suit in Ill.
EASTLAND PARK: Workers File Class Action Over "Tip Skimming"

GENERAL MOTORS: Unit Continues to Defend Canadian Dealers' Suit
GENERAL MOTORS: Suit vs. OnStar Corp. Still Pending
GOOGLE INC: Settles Suits with French Authors & Publishers
GTSI CORP: Class Action Settlement Won't Affect Sale Price
HECKMANN CORP: Securities Class Suit Remains Pending in Delaware

IKANOS COMMUNICATIONS: Appeal in IPO-related Class Suit Pending
INERGY LP: Court Okayed Merger-related Suit Settlement in March
JMP GROUP: Continues to Defend Securities Class Suit
JPMORGAN CHASE: Labaton Sucharow Files Class Action in New York
MILLENNIUM TRUST: Faces Class Action Over Alleged Ponzi Scheme

MUSTANG SALLY'S: Faces Class Action Over Labor Law Violations
PIPER JAFFRAY: Still Face Antitrust Class Suits in New York
REGIONS FINANCIAL: Funds-related Class Suits Remain Pending
REGIONS FINANCIAL: Continues to Defend Overdraft Fees Suit
SACRAMENTO, CA: Faces Class Action Over Teacher Layoffs

SMART BALANCE: Bid to Dismiss Deceptive Labeling Suit Pending
SYNGENTA CROP: Urges Court to Deny Request to Unseal Documents
TEXAS ROADHOUSE: Awaits Approval of Wages Suit Settlement
TRIBUNE CO: Minor Claims in FitzSimons Suit Dropped
UNITED STATES: Federal Employees Lose Class Action Bid

WAL-MART STORES: Judge Casts Doubt on Refiled Gender Bias Suit

                         Asbestos Litigation

ASBESTOS UPDATE: Hawaii Ct. Denies Inmate's Friable Asbestos Claim
ASBESTOS UPDATE: R.I. Ct. Affirms Liability Judgment v. Nat'l Grid
ASBESTOS UPDATE: NY Ct. Affirms Disallowance of Exposure Claim
ASBESTOS UPDATE: NY Ct. Affirms Judgment v. Corning Insurers
ASBESTOS UPDATE: Miss. High Court Orders Retrial on Judge's Error

ASBESTOS UPDATE: Pa. Court Says National Gypsum Answers Admissible
ASBESTOS UPDATE: Abatement of Port Orchard Bldg Delayed
ASBESTOS UPDATE: Former Macy's Building Awaits Abatement Date
ASBESTOS UPDATE: Russian Town Sits on 5 Billion Tons of Fibro
ASBESTOS UPDATE: OSHA Cites 8 Violations Against Aria Contracting

ASBESTOS UPDATE: Buried Hazmats + Mole Problems Displace Tradition
ASBESTOS UPDATE: Coroner Ruled Work-Related COD But No Fibro Found
ASBESTOS UPDATE: Cause of Iron Rangers' Mesothelioma Still Unclear
ASBESTOS UPDATE: Ex-Miners' Medical Tests Nullified in Swaziland
ASBESTOS UPDATE: Abatement at Allen-Fort Wayne Project Topped $1MM

ASBESTOS UPDATE: Regina Readies C$65.8MM to Reline AC Watermains
ASBESTOS UPDATE: Testing Delays Completion of Evacuation Center
ASBESTOS UPDATE: Millions of Lebanese Exposed to Carcinogens
ASBESTOS UPDATE: Nemeroff Law Firm Celebrates Win Against HB477
ASBESTOS UPDATE: Cleanup of Lethal Stutsman Building Criticized

ASBESTOS UPDATE: Abatement of Ripley Bridge to Complete by June 30
ASBESTOS UPDATE: Carcinogens Close Kyneton Kindergarten for 24 Hrs
ASBESTOS UPDATE: Brimbank Residents Block Re-Zoning
ASBESTOS UPDATE: Coroner Concurs Ex-Brewer's COD Was Due to Fibro
ASBESTOS UPDATE: Fibro-Tests Underway at Kuranda Housing Site

ASBESTOS UPDATE: Loose Carcinogenic Fibro Dumped at Gillman Park
ASBESTOS UPDATE: Garlock Sues Plaintiff Law Firm for Fraud
ASBESTOS UPDATE: Maryland Steps Up Worker Protection Laws
ASBESTOS UPDATE: Horsley Begins Abatement at Belle Fourche School
ASBESTOS UPDATE: NHRC Extends Deadline on Fibro Safeguards Reports

ASBESTOS UPDATE: House Committee Passes HR 4369 to Congress
ASBESTOS UPDATE: Watchdog Says Transparency Not Goal of FACT Act
ASBESTOS UPDATE: Castle Hill Residents Alerted on Fibro From Blaze
ASBESTOS UPDATE: AEI Owner, Partner Face 18 Counts of Violations
ASBESTOS UPDATE: ACT Pushes $100MM Cleanup Tab to Commonwealth

ASBESTOS UPDATE: IEPA to Issue Violation Notices Over Open Dump
ASBESTOS UPDATE: Missoula Awarded $679K EPA Brownfields Grant
ASBESTOS UPDATE: Coleg Llandrillo Goes to Safe Mode on Hazmat Find
ASBESTOS UPDATE: Test Results Confirm Presence of Fibro at Kuranda
ASBESTOS UPDATE: Commonwealth Removes Itself From Cleanup Issue

ASBESTOS UPDATE: Der Spiegel to Feature Reverend's Silent Protests
ASBESTOS UPDATE: Loose Fibro Strewn on Streets of Inchinnan
ASBESTOS UPDATE: No Takers for Belmonte Tile Abatement Tab
ASBESTOS UPDATE: Osaka Records First Resident to Get Mesothelioma
ASBESTOS UPDATE: Canada Does Not Record Abatement of Buildings

ASBESTOS UPDATE: Weitz & Luxenberg Wins Payment for 2 Meso Suits
ASBESTOS UPDATE: Noble Corp. Has 24 Pending PI Lawsuits
ASBESTOS UPDATE: MRC Global Still Faces 1,011 Claims at March 31
ASBESTOS UPDATE: Cabot Corp. Continues to Face Exposure Claims
ASBESTOS UPDATE: Tenneco Inc. Still Defending Exposure Claims

ASBESTOS UPDATE: MetLife Unit Got 1,214 New Claims in 1st Quarter
ASBESTOS UPDATE: Colfax Corp. Had 23,916 Unresolved Claims in 1Q
ASBESTOS UPDATE: TMS International Still Faces Exposure Claims
ASBESTOS UPDATE: Tyco Flow Had 1,500 Suits Pending at Dec. 30
ASBESTOS UPDATE: Arabian American Unit Defends Suit in Texas

ASBESTOS UPDATE: Scotts Miracle-Gro Still Defends Exposure Cases
ASBESTOS UPDATE: IDEX Corp. Still Defending PI Lawsuits
ASBESTOS UPDATE: U.S. Auto Parts Unit Still Defending Claims
ASBESTOS UPDATE: Huntington Ingalls Still Facing Exposure Suits


AMBOW EDUCATION: Glancy Binkow & Goldberg Files Class Action
Glancy Binkow & Goldberg LLP has filed a class action lawsuit in
the United States District Court for the Central District of
California on behalf of a class consisting of all persons or
entities who purchased the American Depositary Shares ("ADS") of
Ambow Education Holding Ltd. between May 18, 2011 and May 16,
2012, inclusive.

A copy of the Complaint is available from the court or from Glancy
Binkow & Goldberg LLP.  Please contact us by phone to discuss this
action or to obtain a copy of the Complaint at (310) 201-9150 or
Toll Free at (888) 773-9224, by e-mail at
shareholders@glancylaw.com or visit our Web site at

The Complaint charges Ambow and certain of the Company's executive
officers with violations of federal securities laws.  Ambow
provides educational and career enhancement services in the
People's Republic of China.  The Complaint alleges that throughout
the Class Period the defendants made false and/or misleading
statements, as well as failed to disclose material adverse facts
about Ambow's business, operations and prospects.  Specifically,
the Complaint alleges that the defendants made false and/or
misleading statements and/or failed to disclose: (1) that certain
of the Company's distributors did not have an adequate history of
timely payment; (2) that, as such, the collection of resulting
receivables from these distributors was not reasonably assured;
(3) that, as a result, the Company was improperly recognizing
revenue on sales to these distributors; (4) that the Company was
improperly accounting for certain business acquisitions; (5) that,
as a result of the foregoing, the Company's financial results were
misstated during the Class Period; (6) that the Company lacked
adequate internal and financial controls; and (7) that, as a
result of the above, the Company's financial results were
materially false and misleading at all relevant times.

On April 30, 2012, Ambow unexpectedly announced that it would be
unable to timely file its Annual Report on Form 20-F with the SEC
for the 2011 fiscal year.  Thereafter, on May 16, 2012, Ambow
disclosed that the Company was further delaying the filing of its
2011 Annual Report and that the Company had identified certain
preliminary adjustments to its previously issued 2011 unaudited
financial statements.  According to the Company, Ambow expected,
among others: (1) to change its revenue recognition method with
respect to sales to certain distributors, leading to the reversal
of between $13.5 million (RMB85 million) and $15.1 million (RMB95
million) of revenue previously recognized in 2011; (2) to make a
bad debt provision of between $2.1 million (RMB13 million) and
$2.4 million (RMB15 million); and (3) to increase its depreciation
and other expenses by between $0.5 million (RMB3 million) and $0.6
million (RMB3.5 million).

As a result of this news, the Company's shares declined $0.99 per
share, or 17.55%, to close on May 16, 2012, at $4.65 per share, on
unusually heavy volume, and further declined $0.30 per share, or
6.45%, to close on May 17, 2012, at $4.35 per share, also on
unusually heavy volume.

Plaintiff seeks to recover damages on behalf of class members and
is represented by Glancy Binkow & Goldberg LLP, a law firm with
significant experience in prosecuting class actions and
substantial expertise in actions involving corporate fraud.

If you are a member of the class described above, you may move the
Court, no later than sixty days from the date of this Notice, to
serve as lead plaintiff; however, you must meet certain legal
requirements.  If you wish to discuss this action or have any
questions concerning this Notice or your rights or interests with
respect to these matters, please contact:

          Michael Goldberg, Esq.
          Glancy Binkow & Goldberg LLP
          1925 Century Park East, Suite 2100
          Los Angeles, CA 90067
          Telephone: (310) 201-9150
          Toll Free: (888) 773-9224
          E-mail: shareholders@glancylaw.com
          Web site: http://www.glancylaw.com

AMERICAN TRAFFIC: Missouri Court Upholds Red-Light Camera Ruling
American Traffic Solutions on June 11 disclosed that in yet
another court ruling, the use of red-light safety cameras in
Missouri has been upheld as legal and constitutional.

The ruling by Jackson County Circuit Court Judge J. Dale Youngs on
June 7 found Kansas City's red-light safety camera ordinance
aligns with Missouri state law, and provides the necessary legal
protections guaranteed under the Missouri and U.S. Constitutions.

Judge Young's decision dismissed with prejudice the class action
lawsuit filed by two plaintiffs against Kansas City and the city's
red-light safety camera provider, American Traffic Solutions.
Among their claims, the plaintiffs alleged the city's ordinance
was in conflict with state law and unconstitutional.

In his ruling, the judge wrote, "The Court finds the arguments set
out in the defendants' (American Traffic Solutions and The City of
Kansas City) motion the most persuasive, and adopts them in coming
to the conclusion that defendants' motion should be . . .

The dismissal marks the third class-action lawsuit challenging
cities' red-light safety camera ordinances to fail this year.
Judge Youngs' ruling is consistent with four other recent rulings
including the Missouri Court of Appeals' ruling that upheld the
Creve Coeur red-light safety camera ordinance (see, Nottebrok v.
City of Creve Coeur, Missouri, et al., 2011), and with St. Louis
County Circuit Court judges' decisions involving similar lawsuits
against Creve Coeur and Florissant (see, Ballard, et al. v. City
of Creve Coeur, Missouri, et a., and Unverferth, et al. v. City of
Florissant, Missouri, et al., 2012).  In 2009, a federal judge
found the city of Arnold's red-light safety camera ordinance to be
both legal and constitutional (see, Kilper, et al. v. City of
Arnold, Missouri, et al., 2009).

AMERICAN TRAFFIC: 5th Cir. Upholds Red-Light Camera Ruling
American Traffic Solutions on June 12 disclosed that a federal
court of appeals has ruled that New Orleans' automated traffic
enforcement system ordinance is constitutional (see Bevis v. City
of New Orleans).  In doing so, the Court found the city's interest
in reducing traffic crashes outweighs the private interests of
avoiding a fine.

The U.S. 5th Circuit Court of Appeals' decision affirmed a lower
court's decision.  Ruling on the class-action lawsuit brought
against the city of New Orleans, the Court found the city to be
within its legal bounds to issue civil citations for traffic
infractions caught on camera, and that the city's law did not
violate the constitutional protection of due process.  The Court
reached its decision by weighing private interests against
government interests, and found in favor of a city's broad ability
to safeguard the public.

In upholding the ordinance, the court wrote: "The city's interest
is to reduce the risk of road accidents.  Though only a fraction
of traffic violations cause an accident, the costs of even a low-
speed collision can be severe, particularly if a pedestrian is
struck," the ruling states.  The court continued, saying that
features of the ordinance "fall comfortably within the 'great
leeway' given to governments in 'protect[ing] public health and

The court's decision is one of several recent federal appellate
court rulings upholding the legality and constitutionality of red-
light and speed safety cameras.  Most recently in 2011, the U.S.
Circuit Court of Appeals for the District of Columbia held the
Washington, D.C. speed safety camera program which holds violators
civilly liable did not violate the equal protection clause of the
U.S. Constitution, and the U.S. 9th Circuit Court of Appeals
upheld fine amounts for safety camera violations as well as cost-
neutrality agreements between cities and vendors (see, Dixon v.
District of Columbia and Todd v. City of Auburn, respectively).

Similarly, in 2010, the U.S. 6th Circuit Court of Appeals ruled
the City of Akron, Ohio law did not violate due process
(Mendenhall v. City of Akron), and in 2009, the U.S. 7th Circuit
Court of Appeals ruled that "no one has a fundamental right to run
a red light or avoid being seen by a camera on a public street"
(Idris v. City of Chicago).

BEAZOR EAST: Lynchburg City Schools Get Share in Settlement
Alicia Petska, writing for The News & Advance, reports that
Lynchburg City Schools has received a $324,800 settlement as part
of a class-action suit against a company that made roofing
insulation used at Heritage High School.

Officials said the insulation isn't linked to Heritage's current
problems and no related damage has been uncovered at the school.
The school board proposes to use the settlement money on projects
at several different schools, including Heritage.

Beazor East Inc., a maker of phenolic foam roof insulation, was
sued after its insulation was found to cause corrosion in metal
roof decking.

The insulation can leach an acidic compound when it comes into
contact with moisture.  In 2000, Beazor East settled a class-
action lawsuit for $250 million.

City Attorney Walter Erwin said the schools submitted a claim for
a piece of the settlement but didn't expect to collect, as it
couldn't prove Heritage suffered corrosion or other damage from
the insulation.

"While the school has suffered problems, evidently it wasn't the
result of deterioration from the phenolic foam," Mr. Erwin said.
"The school system never had to make any repairs because of the
insulation, so it never had a bill to submit to the court."

School facilities director Steve Gatzke said both sides of the
case periodically inspected the roof, pulling up small pieces
where damage would be expected.  None was found, he said.

Heritage's roof was long blamed for its chronic leaking, but in
recent years officials determined the culprit was actually faulty
exterior walls.

The walls were renovated last year and a big improvement has been
seen, Mr. Gatzke said.

"So far it has taken care of, I would estimate, about 90 percent
of the leaks," he said.  "They have significantly decreased."

While Lynchburg was never able to find any insulation damage, its
claim remained active for years.  Recently, Beazor offered to pay
to settle it.

"To get it off the books and resolve all of these claims once and
for all, Beazor was willing to pay something," Mr. Erwin
explained.  ". . . Again, Lynchburg didn't think it was going to
get anything originally.  So this is kind of unexpected money."

The school board proposes to use the settlement money on a variety
of capital improvements throughout the division, including
painting, roof repairs and HVAC replacements.

Nearly half the money would go to new playground equipment.
Heritage would get $42,000 -- or about 13 percent of the
settlement -- for stairwell painting and roof repairs to its
baseball dugout.

Mr. Gatzke said investing a bigger chunk of the money in Heritage
wouldn't make sense at this point as the division is weighing the
building's future and may decide to rebuild it.  More than $1
million was already spent fixing up the walls and field house.

"We feel we've taken care of most of the immediate problems
health- and safety-wise," Mr. Gatzke said.  "So this money can be
better spent in other places where we have needs also."

City Council has to approve the use of the settlement money.
Council was set to consider the school board's plan during a
meeting at 7:30 p.m. on June 11 in City Hall, 900 Church St.

BLIZZARD: Korean Gamers Mull Class Action Over Diablo III Server
Kotaku reports that while many Korean gamers might be excited
about Diablo III, Korean net cafe owners aren't exactly thrilled.
Sure, the game is a big boost to the country's net cafe industry.
That is, when it can get online.

Website Daily Game reports the PC bang (net cafe) owners could
file a class action lawsuit with Blizzard as the Korean Internet
PC Culture Association (IPCA) recently launched a Web site titled,
"Diablo III Damage Lawsuit".

The Web site reads: "Blizzard Korea keeps harming gamers and PC
bang with continual server problems."  Thus, the site was created
to gather PC bang owners and gamers for a class action suit,
which, if anything, should hopefully motivate Blizzard to do more
to support PC bang owners and gamers.

According to the IPCA, connection difficulties and server
inspection has made playing Diablo III at PC bang difficult, if
not impossible.  And the PC bang owners are stuck with the losses.
PC bang owners were initially able to install the game for free;
however, after June 2, they must pay Blizzard Korea royalties.

There are examples of server maintenance that is slated for only a
few hours, but ultimately ends up going on all day.  The reason
for this, Korea Blizzard told The Korea Times, is that the company
must sometimes wait for confirmation from its US head office.

"Korea accounts for a large percentage of Blizzard's total
revenue, and considering how much domestic users contribute to the
firm's profit, its consumer services are severely disappointing,"
IPCA head Kim Chan-kuen told The Korea Times.

Continuing, Mr. Kim added, "We are planning a class action lawsuit
against Blizzard Korea, as users and PC room owners are suffering
from constant server malfunctions and server check-ups for Diablo
III while the company avoids responsibility."

This comes as late last month, Blizzard's Korea office was raided
by the country's Fair Trade Commission over allegations that
Blizzard refused to refund Koreans who purchased the game and were
frustrated with overloaded game servers.

CALIX INC: Suits Challenging Occam Merger Remain Pending
Class action lawsuits challenging Calix, Inc.'s merger with Occam
Networks, Inc., remain pending, according to the Company's May 3,
2012 Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended March 31, 2012.

On September 16, 2010, the Company, two direct, wholly-owned
subsidiaries of the Company, and Occam Networks, Inc., entered
into an Agreement and Plan of Merger and Reorganization (the
"Merger Agreement").  In response to the announcement of the
Merger Agreement, on September 17, 2010, September 20, 2010 and
September 21, 2010, three purported class action complaints were
filed by three purported stockholders of Occam in the California
Superior Court for Santa Barbara County: Kardosh v. Occam
Networks, Inc., et al. (Case No. 1371748), or the Kardosh
complaint; Kennedy v. Occam Networks, Inc., et al. (Case No.
1371762), or the Kennedy complaint; and Moghaddam v. Occam
Networks, Inc., et al. (Case No. 1371802), or the Moghaddam
complaint, respectively. The Kardosh, Kennedy and Moghaddam
complaints, which are referred to collectively as the California
class action complaints, are substantially similar.  Each of the
California class action complaints names Occam, the pre-
acquisition members of the Occam board of directors and the
Company as defendants.

The California class action complaints generally allege that the
former members of the Occam board breached their fiduciary duties
in connection with the acquisition of Occam by Calix, by, among
other things, engaging in an allegedly unfair process and agreeing
to an allegedly unfair price for the proposed merger transaction.
The California class action complaints further allege that Occam
and the other entity defendants aided and abetted the alleged
breaches of fiduciary duty.  The plaintiffs in the California
class action complaints sought injunctive relief rescinding the
merger transaction and damages in an unspecified amount, as well
as costs, attorney's fees, and other relief.  On November 2, 2010,
the three California class action complaints were consolidated
into a single action, with the plaintiffs in the Kardosh complaint
appointed as the lead plaintiffs, and on November 19, 2010, the
California Superior Court issued an order staying the California
class action complaints in favor of a substantively identical
stockholder class action pending in the Delaware Court of
Chancery.  The California class action complaints remain stayed
under that order.

On October 6, 2010, a purported class action complaint was filed
by stockholders of Occam in the Delaware Court of Chancery:
Steinhardt v. Howard-Anderson, et al. (Case No. 5878-VCL).  On
November 24, 2010, these stockholders filed an amended complaint,
or the amended Steinhardt complaint.  The amended Steinhardt
complaint names Occam and the members of the Occam board of
directors as defendants.  The amended Steinhardt complaint does
not name Calix as a defendant.

Like the California class action complaints, the amended
Steinhardt complaint generally alleges that the members of the
Occam board breached their fiduciary duties in connection with the
acquisition of Occam by Calix, by, among other things, engaging in
an allegedly unfair process and agreeing to an allegedly unfair
price for the merger transaction.  The amended Steinhardt
complaint also alleges that Occam and the former members of the
Occam board breached their fiduciary duties by failing to disclose
certain allegedly material facts about the merger transaction in
the preliminary proxy statement and prospectus included in the
Registration Statement on Form S-4 that Calix filed with the SEC
on November 2, 2010.  The amended Steinhardt complaint sought
injunctive relief rescinding the merger transaction and award of
damages in an unspecified amount, as well as plaintiffs' costs,
attorney's fees, and other relief.

The merger transaction was completed on February 22, 2011.

On January 6, 2012, the Delaware court ruled on a motion for
sanctions brought by the defendants in the Delaware case against
certain of the lead plaintiffs.  The Delaware court found that
lead plaintiffs Michael Steinhardt, Steinhardt Overseas
Management, L.P., and Ilex Partners, L.L.C., collectively the
"Steinhardt Plaintiffs," had engaged in improper trading of Calix
shares, and dismissed the Steinhardt Plaintiffs from the case with
prejudice.  The court further held that the Steinhardt Plaintiffs
are: (i) barred from receiving any recovery from the litigation,
(ii) required to self-report to the SEC, (iii) directed to
disclose their improper trading in any future application to serve
as lead plaintiff, and (iv) ordered to disgorge trading profits of
$0.5 million, to be distributed to the remaining members of the
class of former Occam stockholders.  The Delaware court also
granted the motion of the remaining lead plaintiffs, Herbert Chen
and Derek Sheeler, for class certification, and certified Messrs.
Chen and Sheeler as class representatives.  Chen and Sheeler, on
behalf of the class of similarly situated former Occam
stockholders, continue to seek an award of damages in an
unspecified amount.

The Company believes that the allegations in the California and
Delaware action are without merit and intends to continue to
vigorously contest the actions.  However, there can be no
assurance that the Company will be successful in defending these
ongoing actions.  In addition, the Company has obligations, under
certain circumstances, to hold harmless and indemnify each of the
former Occam directors against judgments, fines, settlements and
expenses related to claims against such directors and otherwise to
the fullest extent permitted under Delaware law and Occam's bylaws
and certificate of incorporation. Such obligations may apply to
these lawsuits.

CALIX INC: Continues to Defend "Rebhun" Suit in Delaware
Calix, Inc., continues to defend a purported class action lawsuit
captioned Rebhun v. Calix, Inc., et al., C.A. No. 7444-CS, in
Delaware court, according to the Company's May 3, 2012 Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended March 31, 2012.

On April 19, 2012, the Company and each member of the Company's
board of directors were sued by a purported shareholder in a
purported class action complaint filed in the Delaware Court of
Chancery captioned Rebhun v. Calix, Inc., et al., C.A. No. 7444-
CS.  The Rebhun complaint arises from the Company's proposal to
amend its Amended and Restated Certificate of Incorporation
("Certificate") to designate the Chancery Court of the state of
Delaware as the exclusive forum for the resolution of intra-
corporate disputes.  The Rebhun complaint alleges that the
definitive proxy statement filed by the Company on April 9, 2012
fails to fully and fairly disclose the purposes, scope and effects
of this proposed amendment, and further alleges that the Company's
directors breached their fiduciary duties of loyalty, care and
disclosure by adopting and recommending the proposed amendment.
On April 24, 2012, the Company filed additional definitive proxy
soliciting materials with the SEC withdrawing the proposal to
amend the Certificate from the agenda for the Company's May 23,
2012 annual meeting of stockholders.

The Company believes that the allegations of the Rebhun complaint
are without merit and, in any event, are now moot.  The Company
intends to continue to vigorously contest the Rebhun complaint,
however, there can be no assurance that the Company will be
successful in defending this action.

CITIBANK NA: Faces Class Action Over Use of Autodialers
Courthouse News Service reports that Citibank harasses customers
by repeatedly autodialing their cellphones without prior express
consent, a class claims.

A copy of the Complaint in Baker, et al. v. Citibank, N.A., Case
No. 12-cv-05038 (C.D. Calif.), is available at:


The Plaintiffs are represented by:

          Jonathan D. Selbin, Esq.
          250 Hudson Street, 8th Floor
          New York, NY 10013
          Telephone: (212) 355-9500
          E-mail: jselbin@lchb.com

               - and -

          Daniel M. Hutchinson, Esq.
          Alison M. Stocking, Esq.
          275 Battery Street, 29th Floor
          San Francisco, CA 94111-3339
          Telephone: (415) 956-1000
          E-mail: dhutchinson@lchb.com

               - and -

          Matthew R. Wilson, Esq.
          1320 Dublin Road, Ste. 100
          Columbus, OH 43215
          Telephone: (614) 224-6000
          E-mail: mwilson@meyerwilson.com

COMSCORE INC: Continues to Defend Privacy Class Suit in Ill.
comScore, Inc., continues to defend itself from a class action
lawsuit alleging violations of, among other things, the Electronic
Communications Privacy Act, in an Illinois federal court,
according to the Company's May 3, 2012 Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarterly period
ended March 31, 2012.

On August 23, 2011, the Company received notice that Mike Harris
and Jeff Dunstan, individually and on behalf of a class of
similarly situated individuals, filed a lawsuit against the
Company in the United States District Court for the Northern
District of Illinois, Eastern Division, alleging, among other
things, violations by the Company of the Stored Communications
Act, the Electronic Communications Privacy Act, Computer Fraud and
Abuse Act and the Illinois Consumer Fraud and Deceptive Practices
Act as well as unjust enrichment.  The complaint seeks unspecified
damages, including statutory damages per violation and punitive
damages, injunctive relief and reasonable attorneys' fees of the
plaintiffs.  Based on an initial review of these claims, the
Company believes that they are without merit, and intends to
vigorously protect and defend itself.

EASTLAND PARK: Workers File Class Action Over "Tip Skimming"
The Associated Press reports that Jeffrey Stone and Kimberly
Williams on June 11 filed a "tip skimming" class action suit in
Cumberland County Superior Court against the owners and operators
of the Eastland Park Hotel.

The complaint says the hotel adds a gratuity of 18 to 20 percent
to food and beverage bills, including banquets.

The Portland Press Herald reports that the complaint alleges the
hotel keeps a portion of gratuities for itself or distributes a
portion to managers or other employees who do not serve food or

Ms. Williams has worked as a banquet server at the Eastland since
2004.  Mr. Stone has worked at the hotel since last year.

GENERAL MOTORS: Unit Continues to Defend Canadian Dealers' Suit
General Motors Company's Canadian unit continues to defend itself
from a class action lawsuit filed on behalf of more than 200
former dealers, according to the Company's May 3, 2012 Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended March 31, 2012.

On February 12, 2010, a claim was filed in the Ontario Superior
Court of Justice against General Motors of Canada Limited (GMCL)
on behalf of a purported class of more than 200 former GMCL
dealers (the Plaintiff Dealers) which had entered into wind-down
agreements with GMCL.  In May 2009, in the context of the global
restructuring of the business and the possibility that GMCL might
be required to initiate insolvency proceedings, GMCL offered the
Plaintiff Dealers the wind-down agreements to assist with their
exit from the GMCL dealer network and to facilitate winding down
their operations in an orderly fashion by December 31, 2009 or
such other date as GMCL approved but no later than on October 31,
2010.  The Plaintiff Dealers allege that the Dealer Sales and
Service Agreements were wrongly terminated by GMCL and that GMCL
failed to comply with certain disclosure obligations, breached its
statutory duty of fair dealing and unlawfully interfered with the
Plaintiff Dealers' statutory right to associate in an attempt to
coerce the Plaintiff Dealers into accepting the wind-down
agreements.  The Plaintiff Dealers seek damages and assert that
the wind-down agreements are rescindable.  The Plaintiff Dealers'
initial pleading makes reference to a claim "not exceeding" C$750
million, without explanation of any specific measure of damages.
On March 1, 2011, the court approved certification of a class for
the purpose of deciding a number of specifically defined issues,
including: (1) whether GMCL breached its obligation of "good
faith" in offering the wind-down agreements; (2) whether GMCL
interfered with the Plaintiff Dealers' rights of free association;
(3) whether GMCL was obligated to provide a disclosure statement
and/or disclose more specific information regarding its
restructuring plans in connection with proffering the wind-down
agreements; and (4) assuming liability, whether the Plaintiff
Dealers can recover damages in the aggregate (as opposed to
proving individual damages).  On June 22, 2011, the court granted
GMCL permission to appeal the class certification decision.  On
March 26, 2012, the Ontario Superior Court dismissed GMCL's appeal
of the class certification order.  Accordingly, the case will
proceed as a class action.  The current prospects for liability
are uncertain, but because liability is not deemed probable, the
Company has no accrual relating to this litigation.  The Company
cannot estimate the range of reasonably possible loss in the event
of liability, as the case presents a variety of different legal
theories, none of which GMCL believes are valid.

GENERAL MOTORS: Suit vs. OnStar Corp. Still Pending
A lawsuit filed against a unit of General Motors Company remains
pending, according to the Company's May 3, 2012 Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarterly
period ended March 31, 2012.

The Company's wholly-owned subsidiary OnStar Corporation (OnStar)
is a party to more than 20 putative class actions filed in various
states, including Michigan, Ohio, New Jersey, Pennsylvania and
California which have been consolidated for pretrial purposes in a
multi-district proceeding under the caption In re OnStar Contract
Litigation in the U.S. District Court for the Eastern District of
Michigan.  The litigation arises out of the discontinuation by
OnStar of services to vehicles equipped with analog hardware.  On
December 19, 2011, the court denied plaintiffs' motion for class
certification.  On March 16, 2012 the United States Court of
Appeals for the Sixth Circuit denied plaintiffs' petition to

GOOGLE INC: Settles Suits with French Authors & Publishers
Sam Schechner, writing for The Wall Street Journal, reports that
Google Inc.'s effort to digitize the world's books inched forward
on June 11, as the search giant said it had struck deals with
French authors and publishers that end six years of litigation and
open the way to sell out-of-print French books online.

As part of the deal, a French author association that had been
suing Google for copyright infringement said it had agreed to
withdraw its lawsuit, the last such pending suit in France after
other publishers withdrew theirs last year.

Google and France's national publishers association have also
hammered out a framework agreement that will allow French
publishers and authors to sell digital copies of books Google has
scanned, with Google taking a cut of the revenue, the groups and
Google said.  Individual publishers will have to sign their own
deals with Google to start selling books.

Google also coughed up an undisclosed amount of cash to sweeten
the deal.  As part of the agreements, Google will financially
support the creation of a database of works for authors and rights
owners, as well as a youth-reading program.

The latest decision is a bit of good news for Google's library-
digitization program, which began in 2004 and has scanned tens of
millions of books, but has also been saddled with legal

Most recently, a U.S. federal judge granted class-action
certification to a seven-year-old lawsuit that targets its efforts
to scan books in universities and libraries.  U.S. authors claim
that Google cannot legally scan entire books under the "fair use"
doctrine of U.S. copyright law.

Google had reached a deal in 2008 with the U.S. authors' and
publishers' groups, which included similar aid for the creation of
a database, but a federal court tossed out that settlement over a
year ago in part because it gave Google too much power.

Monday's settlements don't affect the ongoing litigation and the
failed settlement in the U.S., Philippe Colombet, head of Google
Books in France, said in a telephone press conference Monday. But
the company said it was hoping the deal in France would add
positive momentum.

"Google is open to a variety of agreement options in the U.S.,"
Mr. Colombet said, "including deals like this one."

GTSI CORP: Class Action Settlement Won't Affect Sale Price
David Hubler, writing for Washington Technology, reports that GTSI
Corp.'s planned $76.67 million sale to Unicom Systems Inc. is a
couple of steps closer to completion with the announced expiration
of the "go-shop" period that allowed GTSI to seek a better offer
and settlement of a class-action lawsuit.

According to the terms of the merger agreement, GTSI and its
representatives were permitted to actively solicit alternative
acquisition proposals for a period of 30 calendar days, the
company's June 12 announcement said.

That period expired at 11:59 p.m. New York City time on June 6.

On June 8, the GTSI board of directors confirmed that, while GTSI
did receive a letter of interest, it did not receive any superior
acquisition proposals during the "go-shop" period.

GTSI also has announced that it and other named defendants have
reached an agreement in principle with plaintiffs to settle the
consolidated class action lawsuit, Mark Oppenheim v. GTSI Corp. et
al., which related to the proposed acquisition.

"The settlement will not affect the offer price to be paid in the
tender offer by a subsidiary of Unicom or the merger consideration
GTSI's stockholders would be entitled to receive pursuant to the
terms of the Merger Agreement," the announcement said.

Settlement is conditioned upon, among other things, negotiation of
a memorandum of understanding, confirmatory discovery, final
stipulation of settlement and receipt of final required court
approvals, the announcement explained.

GTSI Corp., of Herndon, Va., ranks No. 73 on Washington
Technology's 2012 Top 100 list of the largest federal government

HECKMANN CORP: Securities Class Suit Remains Pending in Delaware
A purported securities class action lawsuit against Heckmann
Corporation remains pending in Delaware federal court, according
to the Company's May 3, 2012 Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2012.

On May 21, 2010, Richard P. Gielata, an individual purporting to
act on behalf of stockholders, served a class action lawsuit filed
May 6, 2010, against the Company and various directors and
officers in the United States District Court for the District of
Delaware captioned In re Heckmann Corporation Securities Class
Action (C.A. No. 10-378-LPS-MPT), or the "Class Action".  The
Class Action alleges violations of federal securities laws in
connection with the acquisition of China Water.  The Company
responded by filing a motion to transfer the Class Action to
California and a motion to dismiss the case.  On October 6, 2010,
the Magistrate Judge issued a report and recommendation to the
District Court Judge to deny the motion to transfer.  On October
8, 2010, the court-appointed lead plaintiff, Matthew Haberkorn,
filed an Amended Class Action Complaint that adds China Water as a
defendant.  On October 25, 2010, the Company filed objections to
the Magistrate Judge's report and recommendation on the motion to
transfer.  The court adopted the report and recommendation on the
motion to transfer on March 31, 2011.  The Company filed a motion
to dismiss the Amended Class Action Complaint and a reply to lead
plaintiff's opposition to the motion to dismiss.  On June 16,
2011, the Magistrate Judge issued a report and recommendation to
the District Court Judge to deny the motion to dismiss.  The
Company filed objections to the Magistrate Judge's report and
recommendation on the motion to dismiss.  Plaintiff has filed a
response to the Company's objections.  On October 25, 2011, the
court heard oral argument on the Company's objections to the
report and recommendation on the motion to dismiss.  The court has
not yet ruled on the objections.  On February 2, 2012, Plaintiff
filed motion to modify the automatic discovery stay in place
pursuant to the Private Securities Litigation Reform Act.  The
Company filed an opposition on February 13, 2012.  On February 15,
2012, the Magistrate Judge entered an order modifying the
discovery stay and requiring the Company to produce documents to
plaintiff that have been produced in the derivative action pending
in the Superior Court of California, County of Riverside captioned
Hess v. Heckmann, et al.

IKANOS COMMUNICATIONS: Appeal in IPO-related Class Suit Pending
Ikanos Communications, Inc., is awaiting a ruling on an appeal
from a court decision entered in a consolidated class action
lawsuit arising from its initial and secondary public offerings,
according to the Company's May 3, 2012 Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarterly period
ended April 1, 2012.

In November 2006, three putative class action lawsuits were filed
in the United States District Court for the Southern District of
New York against the Company, its directors and two former
executive officers, as well as the lead underwriters for its
initial and secondary public offerings.  The lawsuits were
consolidated and an amended complaint was filed on April 24, 2007.
The amended complaint sought unspecified damages for certain
alleged misrepresentations and omissions made by the Company in
connection with both its initial public offering in September 2005
and its follow-on offering in March 2006.  On June 25, 2007, the
Company filed motions to dismiss the amended complaint, and on
March 10, 2008, the Court dismissed the case with prejudice.  On
March 25, 2008, plaintiffs filed a motion for reconsideration, and
on June 12, 2008, the District Court denied the motion for
reconsideration.  On October 15, 2008, plaintiffs appealed the
District Court's dismissal of the amended complaint and denial of
its motion for reconsideration to the United States Court of
Appeals for the Second Circuit.  On September 17, 2009, the Court
of Appeals affirmed the District Court's dismissal of the amended
complaint, but vacated its judgment on the motion for
reconsideration and remanded the case to the District Court for
further proceedings.  On May 13, 2010, the District Court granted
plaintiffs leave to file a motion to amend the pleadings.
Plaintiffs filed a motion for leave to amend the complaint on
June 11, 2010.  The Company opposed on July 11, 2010, and on
November 23, 2010, the District Court denied the motion.  On
January 6, 2011, plaintiffs filed a notice of appeal with the
United States Court of Appeals for the Second Circuit.  After both
parties submitted briefs, oral arguments on the appeal were held
before the Second Circuit on April 17, 2012.  The Company cannot
predict the likely outcome of the appeal, and an adverse result
could have a material effect on its financial statements.

INERGY LP: Court Okayed Merger-related Suit Settlement in March
A court approved in March a settlement resolving two class action
lawsuits challenging the August 2010 merger agreement between
Inergy, L.P., and Inergy Holdings, L.P., according to the
Company's May 3, 2012 Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarterly period ended March 31,

Following the announcement of the Merger Agreement, two class
action lawsuits were filed by unitholders of Inergy (the "Inergy
Unitholder Lawsuits").  The parties to the Inergy Unitholder
Lawsuits have entered into a Memorandum of Understanding whereby
in consideration for the settlement and dismissal of the claims,
the individual Class B unitholders will forego and relinquish a
total of 135,539 Class B units to be received as distributions
following the date on which the settlement and dismissal become
final and no longer appealable.  On March 29, 2012, the court
approved the terms of the settlement, which included the
certification of a settlement class and the dismissal with
prejudice of all claims.  Also as part of the settlement, the
defendants in the Inergy Unitholder Lawsuits other than Inergy
must pay fees and expenses to counsel for the plaintiffs in the
amount of $1.765 million, which amount is covered by insurance.

JMP GROUP: Continues to Defend Securities Class Suit
JMP Group Inc. continues to defend itself from a purported
securities class action lawsuit, according to the Company's May 3,
2012 Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended March 31, 2012.

The Company was named as a defendant in a purported securities
class action complaint with respect to a company for which JMP
Securities served as an underwriter in a public offering, and
recorded an accrual based on its portion of the estimated legal
expenses. A loss contingency has not been booked as a range of
loss cannot be reasonably estimated at this time. Generally, given
the inherent difficulty of predicting the outcome of matters the
Company is involved in, particularly cases in which claimants seek
substantial or indeterminate damages, it is not possible to
determine whether a liability has been incurred or to reasonably
estimate the ultimate or minimum amount of that liability until
the case is close to resolution. For these matters, no reserve is
established until such time, other than for reasonably estimable
legal fees and expenses. Management, after consultation with legal
counsel, believes that the currently known actions or threats will
not result in any material adverse effect on the Company's
financial condition, results of operations or cash flows.

No further updates were disclosed in the Company's Form 10-Q

JPMORGAN CHASE: Labaton Sucharow Files Class Action in New York
Labaton Sucharow LLP filed a class action lawsuit on June 11, 2012
in the U.S. District Court for the Southern District of New York.
The lawsuit was filed on behalf of purchasers of JPMorgan Chase &
Co. common stock between January 13, 2012 and May 10, 2012,

The action charges JPMorgan and certain of its officers with
violations of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934, and Rule 10b-5 promulgated thereunder.  The Complaint
alleges that, throughout the Class Period, the Company
misrepresented the risky nature of the positions taken on by its
Chief Investment Office (the "CIO"), which was ostensibly charged
with protecting JPMorgan against credit risk.

JPMorgan is the largest bank in the United States by assets.  The
Complaint alleges that during the Class Period, the Company
concealed that: (1) the CIO had secretly amassed a risk-laden and
unmanageably large position in credit derivatives and related
investments that did not act as a hedge against JPMorgan's broader
risk exposure; (2) the CIO had already suffered material losses as
a result of these investments; (3) the Company's risk metrics,
including value at risk ("VaR"), reported to investors did not
adequately reflect the true risks of loss to which the Company was
exposed; and (4) the reported value and performance of the CIO's
investment securities portfolio were materially false and
misleading because the figures were calculated based on
artificially inflated asset values assigned to portfolio
components by the CIO.

The truth about the CIO's investments was revealed on May 10,
2012, following the close of the markets, when the Company filed
its Quarterly Report on Form 10-Q for the first quarter of 2012.
The Company shocked the market by disclosing that the CIO's
investments had generated a $2 billion loss that could continue to
grow, when less than four weeks earlier JPMorgan had reassured the
market that the CIO's investments helped reduce risk.  JPMorgan
also announced that its existing VaR methodology, which had
previously been altered without the public's knowledge, had
understated the Company's true risk by 100 percent when it was
reported in April 2012. In reaction to these revelations,
JPMorgan's stock price fell by $3.78 per share, or 9.28 percent,
to close at $36.96 per share on May 11, 2012.

If you are a member of this Class you can view a copy of the
complaint and join this class action online at

If you purchased JPMorgan common stock during the Class Period,
you may be able to seek appointment as Lead Plaintiff.  Lead
Plaintiff motion papers must be filed with the U.S. District Court
for the Southern District of New York no later than July 13, 2012.
A lead plaintiff is a court-appointed representative for absent
Class members.  You do not need to seek appointment as lead
plaintiff to share in any Class recovery in this action.  If you
are a Class member and there is a recovery for the Class, you can
share in that recovery as an absent Class member.  You may retain
counsel of your choice to represent you in this action.

If you would like to consider serving as lead plaintiff or have
any questions about the lawsuit, you may contact Rachel A. Avan,
Esq. of Labaton Sucharow LLP, at (888) 753-2796 or (212) 907-0709,
or via e-mail at ravan@labaton.com

Labaton Sucharow LLP -- http://www.labaton.com-- is a law firm
representing institutional investors in class action and complex
securities litigation, as well as consumers and businesses in
class actions seeking to recover damages for anticompetitive
practices.  It has offices in New York, New York and Wilmington,

MILLENNIUM TRUST: Faces Class Action Over Alleged Ponzi Scheme
Joe Harris at Courthouse News Service reports that Millennium
Trust Company's IRA investments were part of a giant Ponzi scheme,
a class action claims in St. Clair County Court.

Arlene Sincoski claims the money was to be invested in real estate
projects in England through the British Lending Program.

But actually, Ms. Sincoski says, it was a scheme perpetrated by
St. Louis attorney Martin Sigillito and Kansas attorney Scott
Brown, who once practiced law in England.

Neither attorney is named as a party to the case.

"If Millennium, or its auditors, had undertaken the proper audit
steps that would have uncovered that Distinctive Properties never
received the money which Millennium reported in the IRA account
holders' monthly account statements as having been received by
Distinctive Properties," the complaint states.  "If Millennium had
performed its duties, Millennium would have realized the fraud
and, in turn, the plaintiffs would not have invested, nor renewed,
their loans or made additional cash investments in the British
Lending Program."

Ms. Sincoski claims Millennium never revealed Mr. Sigillito's
wrongdoing, but simply sent a letter to its clients stating: "Due
to the administrative complexities in acting as the custodian of
certain offshore promissory notes, Millennium has decided to no
longer custody these assets.  Therefore, Millennium hereby resigns
as the custodian of your IRA account."

Only after Mr. Sigillito was indicted and the case was unsealed in
the Eastern District of Missouri in May 2011 were the details of
the scheme revealed, according to the complaint.

Mr. Sigillito, 63, pleaded guilty to 20 counts of wire fraud, mail
fraud, conspiracy and money laundering and is awaiting sentencing,
the complaint states.  Prosecutors said the $52 million Ponzi
scheme was the largest in Eastern District of Missouri history.
Mr. Brown also pleaded guilty to mail fraud and wire fraud,
according to the complaint.

Ms. Sincoski claims that Bradgreen Properties, Distinctive
Properties, Messrs. Sigillito and Brown are effectively insolvent.

"This action is brought by Sincoski against Millennium to recover
for herself and for all others similarly situated . . . all
principal they invested in and all interest due under the British
Lending Program, together with prejudgment and post-judgment
interest," the complaint states.  "Sincoski contends that
Millennium voluntarily and on the authority and for the account of
those individuals in the plaintiff's class undertook to manage and
effectuate their investments in the British Lending Program and
that the parties thereby established a relationship of principal
and agent.  Sincoski further contends that because Millennium
voluntarily acted as agent for the plaintiff's class, a fiduciary
relationship exists as a matter of law.  Finally, as more fully
alleged below, Sincoski contends that Millennium was negligent,
breached its fiduciary duty, and acted in a manner deserving of an
award of punitive damages."

The class consists of anybody who invested money from an IRA
account into the British Lending Program for the benefit of
Millennium.  The class seeks actual and punitive damages for
negligence, breach of fiduciary responsibility and unjust
enrichment.  Ms. Sincoski in particular seeks $484,000 in unpaid
principal, $269,000 in interest and $2.26 million in punitive

A similar complaint was filed against Millennium in the same court
by Sharon and John Shahan.  The Shahans seek $842,000 in actual
damages and $2.5 million in punitive damages for similar claims.
The civil complaint, which is not a class action, was also filed
by Mr. Andres.

A copy of the Complaint in Sincoski v. Millennium Trust Company,
LLC, Case No. 12L277 (Ill. Cir. Ct., St. Clair Cty.), is available


The Plaintiff is represented by:

          Jonathan F. Andres, Esq.
          Nathan E. Ross, Esq.
          GREEN JACOBSON, P.C.
          7733 Forsyth Boulevard, Suite 700
          Clayton, MO 63105
          Telephone: (314) 862-6800
          E-mail: andres@stlouislaw.com

MUSTANG SALLY'S: Faces Class Action Over Labor Law Violations
Niagara Gazette reports that a federal class action suit has been
brought against the owner of two Western New York strip clubs
alleging violations of the Fair Labor Standards Act.

The collective action claims that Mustang Sally's Spirit's and
Grill, Inc., the owner of two local strip clubs, Tiffany's Cabaret
in Tonwanda and Cheektowaga, failed to pay lawful wages to
hundreds of dancers during the past six years.  A third location
in South Carolina also has been implicated in the suit.

"As a result of these practices the exotic dancers at the
defendant's clubs are getting significantly less than the legal
wages they are owed," said Dan Getman, a partner at Getman Sweeney
in New Paltz, which is representing at least one of the dancers
who has brought her complaints forward.

Christy Brown, whose stage name is "Leah," alleges she worked
overtime without pay and was paid less than minimum wage while
being required to share her tips with mangers and bouncers,
according to Mr. Getman.

He said those kinds of incongruities are common in the world of
strip clubs, but also include pizza delivery drivers, bike
messengers and real estate brokers.

"In this case the dancers are required to give a percentage of the
tips to the bouncer and the managers," he said.  "We deal with
these kinds of issues around the country, really.  There's a lot
of place where the employees have to bear expenses that are really
the employers expenses."

The case claims that Mustang Sally's Spirit's and Grill, Inc.
failed to for pay overtime, minimum wages and extra shifts
exceeding 10 hours.  It also cites a failure to reimburse the
dancers, all of whom are female, for costume expenses, which
Mr. Getman said are unlawful to deduct from the employees' wages.

"It violates their legal rights and it must be stopped," he said.
"We intend to see that all dancers for this company are
compensated in the full amount that the law requires and the clubs
also pay the dancers the additional damages the law allows."

The case also broaches violations regarding state labor practices,
which will be wrapped into the federal case.

Mr. Getman said the his firm is awaiting a reply from the
corporation before movement will take place in court.  As a class
action suit, he noted, his firm is still attempting to locate
other dancers who may have been affected by the alleged violations
during the last several years.

"They file a legal document where they either admit or deny the
allegation or complaint," Mr. Getman said of the strip club owner.
"After that, the court will be for the court to render a

The case will be brought to U.S. District Court before Judge
William M. Skretny.

PIPER JAFFRAY: Still Face Antitrust Class Suits in New York
Piper Jaffray Companies continue to face antitrust class action
lawsuits in New York, according to the Company's May 3, 2012 Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarterly period ended March 31, 2012.

The U.S. Department of Justice Antitrust Division, the SEC and
various state attorneys general are conducting broad
investigations of numerous firms, including the Company, for
possible antitrust and securities violations in connection with
the bidding or sale of guaranteed investment contracts and
derivatives to municipal issuers from the early 1990s to date.
These investigations commenced in November 2006.  In addition,
several class action complaints have been brought on behalf of a
proposed class of government entities that purchased municipal
derivatives.  The complaints allege antitrust violations and are
pending in the U.S. District Court for the Southern District of
New York under the multi-district litigation rules.  Several
California municipalities also have brought separate class action
complaints in California federal court, and approximately 18
California municipalities have filed individual lawsuits that are
not as part of class actions, all of which have been transferred
to the Southern District of New York and consolidated for pretrial
purposes.  No loss contingency has been reflected in the Company's
consolidated financial statements as this contingency is neither
probable nor reasonably estimable at this time.  Management is
currently unable to estimate a range of reasonably possible loss
for these matters because alleged damages have not been specified,
the proceedings remain in the early stages, there is uncertainty
as to the likelihood of a class or classes being certified or the
ultimate size of any class if certified, and there are significant
factual issues to be resolved.

REGIONS FINANCIAL: Funds-related Class Suits Remain Pending
Several class action lawsuits relating to the Regions Morgan
Keegan Select Funds remain pending, according to Regions Financial
Corporation's May 3, 2012 Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2012.

Beginning in December 2007, Regions and certain of its affiliates
have been named in class-action lawsuits filed in federal and
state courts on behalf of investors who purchased shares of
certain Regions Morgan Keegan Select Funds (the "Funds") and
shareholders of Regions.  The Funds were formerly managed by
Regions Investment Management, Inc. ("Regions Investment
Management"). Regions Investment Management no longer manages
these Funds, which were transferred to Hyperion Brookfield Asset
Management in 2008. Certain of the Funds have since been
terminated by Hyperion. The complaints contain various
allegations, including claims that the Funds and the defendants
misrepresented or failed to disclose material facts relating to
the activities of the Funds. Plaintiffs have requested equitable
relief and unspecified monetary damages. These cases are in
various stages and no classes have been certified. Settlement
discussions are ongoing in certain cases. Certain of the
shareholders in these Funds and other interested parties have
entered into arbitration proceedings and individual civil claims,
in lieu of participating in the class actions. These lawsuits and
proceedings are subject to an indemnification agreement with
Raymond James Financial, Inc.

REGIONS FINANCIAL: Continues to Defend Overdraft Fees Suit
Regions Financial Corporation continues to defend itself from a
purported class action lawsuit in Georgia challenging, among other
things, its practice of charging overdraft fees, according to the
Company's May 3, 2012 Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarterly period ended March 31,

In September 2009, Regions was named as a defendant in a purported
class-action lawsuit filed by customers of Regions Bank in the
U.S. District Court for the Northern District of Georgia
challenging the manner in which non-sufficient funds and overdraft
fees were charged and the policies related to posting order. The
case was transferred to multidistrict litigation in the U.S.
District Court for the Southern District of Florida, and in May
2010 an order to compel arbitration was denied. Regions appealed
the denial and on April 29, 2011, the Eleventh Circuit Court of
Appeals vacated the denial and remanded the case to the district
court for reconsideration of Regions' motion to compel
arbitration. On September 1, 2011, the trial court again denied
Regions' motion to compel arbitration. Regions again appealed the
denial to the Eleventh Circuit, which on March 5, 2012 granted the
motion and ordered that the case be dismissed. Plaintiffs filed a
motion for rehearing by the full court of appeals, which was
denied on April 30, 2012. Another purported class action alleging
these claims was filed in the U.S. District Court for the Northern
District of Georgia in January 2012. The case is still early in
its development and no class has been certified. Plaintiffs in
these cases have requested equitable relief and unspecified
monetary damages.

SACRAMENTO, CA: Faces Class Action Over Teacher Layoffs
Courthouse News Service reports that the Sacramento City Unified
School District fired or laid off 231 teachers in violation of
seniority rules, the teachers say in a Superior Court class

A copy of the Complaint in Acquisto, et al. v. Sacramento City
Unified School District, Case No. 34-2012-80001173 (Calif. Super.
Ct., Sacramento Cty.), is available at:


The Plaintiffs are represented by:

         Peter D. Nussbaum, Esq.
         Jeffrey B. Demain, Esq.
         Anne N. Arkush, Esq.
         177 Post Street, Suite 300
         San Francisco, CA 94108
         Telephone: (415) 421-7151
         E-mail: pnussbaum@altshulerberzon.com

SMART BALANCE: Bid to Dismiss Deceptive Labeling Suit Pending
Smart Balance, Inc.'s motion to dismiss a class action lawsuit
alleging, among other things, deceptive product labeling, is
pending, according to the Company's May 3, 2012 Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarterly
period ended March 31, 2012.

On October 19, 2011, a class action lawsuit was filed against
Smart Balance, Inc. in US District Court, District of New Jersey
alleging that the labeling and marketing of the Company's Smart
Balance(R) Fat Free Milk and Omega-3 product is unfair, deceptive,
and improper because the product contains 1g of fat from the
Omega-3 oil blend in the product.  The Company intends to
vigorously defend itself in this litigation. The Company filed a
Motion to Dismiss in response to the Complaint. The plaintiff
subsequently filed an Amended Complaint and the Company has filed
a second Motion to Dismiss in response.  The Company does not
expect that the resolution of this matter will have a material
adverse effect on its business.

SYNGENTA CROP: Urges Court to Deny Request to Unseal Documents
Bethany Krajelis, writing for The Madison St. Clair Record,
reports that Syngenta Crop Protection and Syngenta AG has urged
the U.S. District Court for the Southern District of Illinois to
deny a pair of interveners' request for a ruling on its April 2011
motion to unseal documents in the class action lawsuit over the
weed killer atrazine.

The Environmental Law and Policy Center (ELPC) and Prairie River
Network filed their request on May 30, less than a week after the
Syngenta defendants agreed to pay $105 million to settle the
federal case over the commonly used agricultural herbicide.

In 2004, St. Louis attorney Stephen Tillery filed six separate
class action lawsuits in the Madison County Circuit Court against
various manufacturers of atrazine.  Six years later, he brought
the case to federal court on behalf of the city of Greenville and
other Midwestern water providers, claiming that atrazine ran off
farm fields and into their drinking water supplies.

The two environmental groups intervened in the case in July 2011.
The documents they want unsealed were filed as exhibits in the
plaintiff's opposition to the Syngenta AG's May 2010 motion to
dismiss for lack of personal jurisdiction.

The interveners said in their May 30 motion that their year-old
motion to unseal documents is "unfinished business" that needs to
be addressed "prior to any resolution of the proposed settlement
in this case."

"Although the parties' proposed settlement stipulates that
'neither [class counsel] nor plaintiffs nor any person acting on
behalf of any of them have commissioned nor are any of them aware
of any new scientific studies relating to atrazine not already in
the public domain,' this stipulation does not satisfy the public's
right of access to documents that have improperly remained under
seal," the environmental groups assert in their request.

"The public has a right of access to these judicial record
documents regardless of any stipulations and regardless of the
settlement status of the case."

The Syngenta defendants, however, said in their June 6 response
that the environmental groups "provide no new authority or
argument to overcome the legal authority and justifications
defendants have provided for maintaining their confidential
business information under seal."

They further argue that "the pursuit of this information is futile
because, as intervenors themselves acknowledge, none of the
scientific information intervenors seek to release to the public
is contained in the sealed documents in the judicial record."

Michael A. Pope, an attorney at McDermott, Will and Emery in
Chicago who represents the Syngenta defendants, said on June 11
that the 88 documents his clients contend should remain under seal
relate to the organization and operations of Syngenta AG, a Swiss
holding company that does not manufacture or sell atrazine.

"Accordingly, these documents do not relate to the potential
effect of atrazine on water in Illinois," the defendants assert in
their response.

Because none of the documents relate to the potential effects of
atrazine on water in Illinois, which is one of the aspects of the
case that spurred the two environmental groups to intervene, Pope
said that the group's argument over the public's right to access
these documents "is nil."

A few days after the interveners asked for the documents to be
unsealed last year, the court entered an order to show cause as to
why it should not unseal the documents.  In its May 2011 response
to that order, the Syngenta defendants agreed that many of the
documents filed under seal by the plaintiffs should not have been
because either the defendants did not designate them as
confidential or were not cited by the plaintiffs in their
opposition to the motion to dismiss for lack of jurisdiction.

After they "conducted a renewed confidentiality review" on the
documents that were designated as confidential and cited by the
plaintiffs, the defendants said in their response that they "de-
designated" some of the documents marked as confidential and
agreed that some should be released.

The Syngenta defendants said they provided detailed justifications
as to why "the limited number of documents containing confidential
information" should remain under seal.  Each of these
justifications, the response claims, "falls within a category of
confidential business information that warrants maintaining these
documents under seal."

They also argue in their June 6 response that the interveners'
argument over public access "is further diminished" because the
court's order denying Syngenta AG's motion to dismiss for lack of
jurisdiction was a "non-final order pending a complete evidentiary

"The court acknowledges that throughout its order denying Syngenta
AG's motion to dismiss for lack of personal jurisdiction that
material factual disputes exist regarding the court's jurisdiction
over Syngenta AG," the defendants assert.  "Accordingly, the issue
of personal jurisdiction is non-final until those disputes are
resolved in an evidentiary hearing.  Because the parties have
settled the case in its entirety, there will be no evidentiary
hearing and thus, no final order."

Mr. Pope said on June 11 that the interveners' request is not
necessarily tied to the upcoming settlement fairness hearing,
which will take place Oct. 22 in Benton before U.S. District Judge
Phil Gilbert.  As such, Mr. Pope said he expects Mr. Gilbert will
issue a ruling on the motion to unseal documents soon.

A proposed notice plan was scheduled to be mailed out by June 11.

Objectors to the settlement of fees or expenses to class counsel
have until Aug. 27 to file a statement with the court.  Under the
proposed $105 million settlement, plaintiffs' attorneys will share
about $34.9 million in fees.

If approved by the court, about 2,000 water districts will be
eligible to make a claim under the settlement, which calls for a
fixed payment of $5,000, plus a share of the remaining balance
after legal fees and costs, to each claimant.

Howard A. Learner, the president and executive director of EPLC,
represents the interveners.  He did not immediately return a
request for comment, which was made to EPLC's media relations

TEXAS ROADHOUSE: Awaits Approval of Wages Suit Settlement
Texas Roadhouse, Inc., is awaiting court approval of a settlement
entered in a putative class action lawsuit alleging failure to
comply with Massachusetts wage laws, according to the Company's
May 3, 2012 Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended March 27, 2012.

On January 19, 2011, a Massachusetts putative class action was
filed styled Jenna Crenshaw, Andrew Brickley, et al, and all
others similarly situated v. Texas Roadhouse, Inc., Texas
Roadhouse Holdings, LLC, Texas Roadhouse of Everett, LLC and Texas
Roadhouse Management Corp., d/b/a Texas Roadhouse. The complaint
is pending in the United States District Court, District of
Massachusetts, Civil Action Number 1:11-cv-10549. The complaint
alleges a failure to comply with Massachusetts wage laws
specifically that the Company improperly shared pooled tips with
ineligible employees. Currently, the Company operates nine
restaurants in the state.  The parties began mediation in late
February 2012 and on April 30, 2012, filed a Settlement Agreement
seeking preliminary court approval to settle the lawsuit.  Under
the Agreement, the company agrees to pay $5.0 million, which
includes payment of the plaintiffs' attorneys' fees, payment of
expenses to administer the settlement, and individual payments to
resolve the claims of servers employed in Massachusetts
restaurants from January 18, 2005 through the date of final court
approval.  The Agreement is subject to final approval of the
court, which could take several months.  A preliminary approval
hearing was held on May 3, 2012.  As a result of the Agreement,
the Company has recorded a $5.0 million charge which is included
in general and administrative expenses in its condensed
consolidated statements of income and comprehensive income for the
13 weeks ended March 27, 2012.

TRIBUNE CO: Minor Claims in FitzSimons Suit Dropped
Judge Kevin Carey permitted the Official Committee of Unsecured
Creditors in Tribune Co.'s cases to dismiss the intentional
fraudulent transfer claims in count 13 of the Third Amended
Complaint against former Tribune shareholders who received less
than $50,000 in proceeds from the 2007 Tribune leveraged buy-out,
captioned as In re Official Committee of Unsecured Creditors of
Tribune Co. v. FitzSimons, Adv. Proc. No. 10-54010 (Bankr. D.

The individual defendants, though, will continue to be members of
the putative shareholder class, as that term is defined in the

Upon review, the Creditors' Committee determined that the group
of LBO Shareholder Defendants under the FitzSimons Action who
received $50,000 or more in LBO Proceeds, along with the other
defendants, accounts for almost 98% of the total dollar amount of
LBO Proceeds (more than $7 billion).

In contrast, the more than 20,000 LBO Shareholder Defendants
specifically named as individual defendants in the Complaint who
received less than $50,000 in LBO Proceeds account for just over
2% of the identified LBO Proceeds, says the Creditors' Committee.
The Creditors' Committee estimates that the approximately 20,000
Sub-Threshold Defendants received on average, approximately
$8,000 in LBO Proceeds.

James S. Green, Jr., Esq., at Landis Rath & Cobb LLP, in
Wilmington, Delaware, asserts that dismissal of those claims will
conserve the resources of the Court and the Debtors' estates.
The potential benefits of the Creditors' Committee's prosecuting
claims against Sub-Threshold Defendants as individual defendants
are outweighed by the costs of doing so, he insists.

The Creditors' Committee proposes that the Sub-Threshold
Defendants, like the other Shareholder Defendants, will continue
to be members of the putative Shareholder Class.  They will not,
however, be individually named defendants with respect to the
intentional fraudulent transfer claims and will not be
individually served (unless they are defendants on other claims.)

Mr. Green assures the Court that the collective amount of
identified LBO Proceeds that went to Shareholder Defendants who
received more than $50,000 if recovered, will far exceed the
amount necessary for full recovery to Tribune's non-bank
creditors on the Creditors' Committee's intentional fraudulent
transfer claims.  Indeed, a $50,000 threshold for LBO Proceeds
strikes an appropriate balance to ensure that the costs do not
exceed case recoveries, he adds.

                       About Tribune Co.

Headquartered in Chicago, Illinois, Tribune Co. --
http://www.tribune.com/-- is a media company, operating
businesses in publishing, interactive and broadcasting, including
ten daily newspapers and commuter tabloids, 23 television
stations, WGN America, WGN-AM and the Chicago Cubs baseball team.

The Company and 110 of its affiliates filed for Chapter 11
protection (Bankr. D. Del. Lead Case No. 08-13141) on Dec. 8,
2008.  The Debtors proposed Sidley Austin LLP as their counsel;
Cole, Schotz, Meisel, Forman & Leonard, PA, as Delaware counsel;
Lazard Ltd. and Alvarez & Marsal North America LLC as financial
advisors; and Epiq Bankruptcy Solutions LLC as claims agent.  As
of Dec. 8, 2008, the Debtors have $7,604,195,000 in total assets
and $12,972,541,148 in total debts.  Chadbourne & Parke LLP and
Landis Rath LLP serve as co-counsel to the Official Committee of
Unsecured Creditors.  AlixPartners LLP is the Committee's
financial advisor.  Landis Rath Moelis & Company serves as the
Committee's investment banker.  Thomas G. Macauley, Esq., at
Zuckerman Spaeder LLP, in Wilmington, Delaware, represents the
Committee in connection with the lawsuit filed against former
officers and shareholders for the 2007 LBO of Tribune.

Protracted negotiations and mediation efforts and numerous
proposed plans of reorganization filed by Tribune Co. and
competing creditor groups have delayed Tribune's emergence from
bankruptcy.  Many of the disputes among creditors center on the
2007 leveraged buyout fraudulence conveyance claims, the
resolution of which is a key issue in the bankruptcy case.  The
bankruptcy court has scheduled a May 16 hearing on Tribune's plan.

Tribune CRO Don Liebentritt said it is possible the media company
could emerge late in the third quarter of 2012.

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

UNITED STATES: Federal Employees Lose Class Action Bid
Debra Cassens Weiss, writing for ABA Journal, reports that the
U.S. Supreme Court has ruled 6-3 against federal employees who
filed a federal class action suit after they were fired for
failing to register for the military draft.

The majority opinion by Justice Clarence Thomas said the civil
service law provides the exclusive avenue for judicial review,
even though the challenge is based on the constitutionality of a
federal statute.  Unless discrimination is alleged, the civil
service law provides for review of firings before the Merit
Systems Protection Board and an appeal to the U.S. Court of
Appeals for the Federal Circuit, Judge Thomas said.

Justice Samuel A. Alito Jr. dissented in an opinion joined by
Justices Ruth Bader Ginsburg and Elena Kagan.

Petitioner Michael Elgin and other employees had claimed the
Military Selective Service Law discriminates on the basis of sex,
and the law barring him from federal employment is an
unconstitutional bill of attainder.  They sued in Massachusetts
federal court and sought class action status.

The federal district court had no jurisdiction, Justice Thomas
wrote. Although the Merit Systems Protection Board has ruled it
has no jurisdiction to rule in constitutional disputes, the
Federal Circuit does have that power, he said.  He was joined by
Chief Justice John G. Roberts Jr. and by Justices Antonin Scalia,
Anthony M. Kennedy, Stephen G. Breyer and Sonia Sotomayor.

Judge Alito's dissent said the majority "sets up an odd sequence
of procedural hoops for petitioners to jump through."  He said the
majority imposed "pinball procedural requirements" in which
constitutional claims would have to be filed with the Merit
Systems Protection Board, which kicks them to the Federal Circuit,
which would remand for fact-finding, after which the case would be
sent back to the Federal Circuit for a constitutional ruling.

"I believe Congress would have been very surprised to learn that
it implied this result" when it passed the civil service law,
Judge Alito wrote.

WAL-MART STORES: Judge Casts Doubt on Refiled Gender Bias Suit
According to Chain Store Age, a report by Reuters said that U.S.
District Judge Charles Breyer on June 8 said he was "seriously
concerned" about whether the female plaintiffs suing Wal-Mart
Stores have sufficient evidence to proceed with their re-filed
gender discrimination lawsuit.

The group is again filing suit against Wal-Mart for allegedly
denying them pay raises and promotions for gender-related reasons.
The original class action suit of as many as 1.5 million current
and former Wal-Mart employers was dismantled by the U.S. Supreme
Court last year.

The group filed a reformulated lawsuit in a San Francisco federal
court in October, saying they were confining their allegations to

At the hearing on June 8, Judge Breyer said the plaintiffs could
only move forward with a refiled lawsuit if they could show new
evidence to overcome the Supreme Court's criticisms.  And Judge
Breyer said he had "difficulty" seeing where the plaintiffs had
come up with that evidence.

                        Asbestos Litigation

ASBESTOS UPDATE: Hawaii Ct. Denies Inmate's Friable Asbestos Claim
Judge Susan Oki Mollway of the U.S. District Court in Hawaii
denied plaintiff Michael C. Tierney's prisoner civil rights
complaint, in forma pauperis application, motion for appointment
of counsel, and motion for emergency dental care, and directed him
to show cause why he should be allowed to proceed IFP in his
action.  Mr. Tierney alleges that defendants Halawa Correctional
Facility dentist Dr. Atkins, Hawaii Governor Neil Abercrombie, and
HCF warden Nolan Espinda violated his federal constitutional and
statutory rights by denying him adequate dental care and housing
him in a cell that contains "friable asbestos" on its ceiling.

In denying the motions, Judge Mollway pointed out that a prisoner
may not bring a civil action or appeal a civil judgment under
28 U.S.C. Sec. 1915 "if the prisoner has, on 3 or more prior
occasions, while incarcerated or detained in any facility, brought
an action or appeal in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or fails
to state a claim upon which relief may be granted, unless the
prisoner is under imminent danger of serious physical injury."
Judge Mollway noted that federal courts' public dockets and
electronic records reveal that Plaintiff has filed 63 civil
actions in the District Court and other federal courts, many of
which were dismissed as frivolous or for failure to state a claim.

The case is MICHAEL C. TIERNEY, #A0201434, Plaintiff, v. DR.
Defendants, Civil No. 12-00308 SOM/KSC (Hawaii).  A copy of Judge
Mollway's June 4, 2012 Decision is available at
http://is.gd/Z5HeRUfrom Leagle.com.

ASBESTOS UPDATE: R.I. Ct. Affirms Liability Judgment v. Nat'l Grid
In 2004, Dennis Gallagher was diagnosed with malignant
mesothelioma, an "occupational disease," ultimately succumbing to
the disease.  A trial judge of the Workers' Compensation Court
entered decrees holding USGEN New England, Inc., liable to pay
benefits to Mr. Gallagher and to his wife, Maureen Gallagher, as
Mr. Gallagher's "last employer" under G.L. 1956 Sec. 28-34-8.  The
Appellate Division of the Workers' Compensation Court vacated
those decrees and entered final decrees assessing liability
against National Grid USA/Narragansett Electric instead.  Mrs.
Gallagher and National Grid each petitioned for a writ of
certiorari to review the Appellate Division's final decrees.

In the case at hand, the Appellate Division reviewed the evidence
on the record before it -- specifically, the testimonies of Mr.
Gallagher, John Pella, M.D., a pulmonary specialist, and Michael
Teiger, M.D., -- and set forth the correct standard of review.  It
then found clear error on the part of the trial judge and noted
this finding on the record.  Specifically, the Appellate Division
stated that the trial judge erred because Mr. Gallagher's
"testimony as to the presence of asbestos after the 1995
repowering of the plant was mere speculation, and thus was not
probative as to the type or nature of the conditions he worked in
while with USGEN."  Given this finding, the Appellate Division was
free to conduct a de novo review of the evidence.

Based upon a review of the record by the Supreme Court of Rhode
Island, it held that it was satisfied that there is ample evidence
to support the findings of the Appellate Division.  Accordingly,
in a June 5, 2012 opinion, the Supreme Court affirmed the final
decrees of the Appellate Division.

The cases are Maureen Gallagher, v. National Grid USA/Narragansett
Electric; Dennis Gallagher, v. National Grid USA/Narragansett
Electric; Maureen Gallagher, v. USGEN New England, Inc.; and
Dennis Gallagher, v. USGEN New England, Inc., Nos. 2011-111-M.P,
05-5178, 04-4053, 2011-113-M.P, 05-4911, 04-4966 (R.I.).  A copy
of the Supreme Court's Decision is available at
http://is.gd/qTG0Mr from Leagle.com.

ASBESTOS UPDATE: NY Ct. Affirms Disallowance of Exposure Claim
The Appellate Division of the Supreme Court of New York, Third
Department, affirmed the disallowance by the Workers' Compensation
Board of Paula Connolly's claim for workers' compensation death
benefits on the grounds that there is no credible medical evidence
to demonstrate that Mrs. Connolly's husband experienced any
significant occupational exposure to asbestos.  Mrs. Connolly's
husband worked as an automobile mechanic from 1976 to 1997.  In
that capacity, decedent regularly installed brakes and clutches --
work that, according to a coworker, resulted in decedent's
exposure to an undetermined amount of asbestos dust.  Decedent was
diagnosed with lung cancer in 2000 and, following his death in
2004, Mrs. Connolly filed a claim for workers' compensation death
benefits, citing occupational exposure to asbestos as a causative

Respondents, WORKERS' COMPENSATION BOARD, Respondent, 512610
(N.Y.).  A copy of Court's June 7, 2012 Decision is available at
http://is.gd/YbllQWfrom Leagle.com.

ASBESTOS UPDATE: NY Ct. Affirms Judgment v. Corning Insurers
CASUALTY COMPANY, ET AL., Plaintiffs-Appellants, v. CORNING
COMPANY, ETC., ET AL., Defendants-Appellants, AIU INSURANCE
COMPANY, ET AL., Defendants, 5187, 602454/02 (N.Y.), is an appeal
from a ruling in a declaratory judgment action involving insurers'
obligations to cover Corning Incorporated for claims against it
arising from the distribution and manufacture of two asbestos-
containing products by Corning subsidiaries or divisions.  The
insurers provided primary, excess and umbrella comprehensive
general liability coverage to Corning during the period from 1962
through 1985.  One of Corning's product was a paper-like spacer
material sometimes distributed, but not manufactured, by Corhart,
originally 50% owned by Corning, later a Corning division, with
Corhart's refractory bricks and mortar, which were used in the
construction of open-hearth steel mills.  The other product was
Unibestos, an asbestos-containing piping insulation manufactured
by Pittsburgh Corning Corporation, an entity that was 50% owned by

Before the completion of discovery, all but two of the insurers
moved for partial summary judgment declaring that each of the many
thousands of subject claims constitutes a separate "occurrence"
under the subject policy and is therefore individually subject to
a deductible before the moving insurers' coverage is implicated.
Corning and the two nonmoving insurers opposed the motion.   The
New York Supreme Court denied the motion and the Appellate
Division of the Supreme Court of New York, First Department,

In a June 7, 2012 decision, the Appellate Court said the Supreme
Court correctly determined that the insurers failed to make out a
prima facie case that each of the thousands of claims constitutes
a separate "occurrence" under the relevant policy language as a
matter of law taking into account that discovery was not complete
at the time the motions were made.

A copy of the June 7 Decision is available at http://is.gd/iokPST
from Leagle.com.

ASBESTOS UPDATE: Miss. High Court Orders Retrial on Judge's Error
The Supreme Court of Mississippi reversed a lower court's ruling
and remanded an asbestos exposure case for new trial, citing the
lower court's error in allowing plaintiff's counsel to read from
drilling records that were not admitted into evidence during the
cross-examination of the defendant's expert pulmonologist.

Troy Lofton alleges that he suffers from asbestosis as a result of
exposure to Flosal during the course of his employment on various
oil and gas drilling rigs.  Mr. Lofton filed suit on May 19, 2004,
alleging two theories of product liability, design defect and
inadequate warning, as well as claims for intentional and
negligent infliction of emotional distress.

Following a jury trial in the Second Judicial District of the
Circuit Court of Jones County from March 29, 2010, through
April 8, 2010, the jury returned a verdict in favor of Mr. Lofton
on his claims of design defect and negligent infliction of
emotional distress, with 100% of the liability assigned to Chevron
Phillips Chemical Company LP, successor-in-interest to
ConocoPhillips Company, formerly known as Phillips Petroleum
Company, and Phillips 66 Company, formerly doing business as
Drilling Specialties Company ("CPChem), and total damages in the
amount of $15,200,000.  CPChem's motion for judgment
notwithstanding the verdict and its motion for new trial and
remittur were denied.  Aggrieved, CPChem filed an appeal.

According to The Associated Press, the Supreme Court did not rule
on the jury verdict.  Instead, the justices found that the trial
judge erred in allowing Lofton's attorney to read from drilling
records that were not admitted into evidence during the cross-
examination of Conoco Phillips Corp.'s medical expert.

Lofton claimed CPChem knowingly shipped a product containing
inhalable asbestos for 20 years that was used in the oil and gas
well drilling industry.  Lofton claimed that as a result of that
exposure he has had to remain on oxygen 24 hours a day.

CPChem claimed the documents used by Lofton's attorney were
comprised of historical drilling records on the use of asbestos
viscosifiers in drilling rigs in Mississippi.  However, the
company said none of the information corresponded to Lofton's work
sites or the use of CPChem's product Flosal.

Justice Jim Kitchens, writing for the Supreme Court, said the well
reports -- although some were authored by Lofton's employers --
failed to identify any particular well on which Lofton had worked.

Kitchens said the drilling records were "highly prejudicial,
irrelevant evidence."

"It is logical to conclude that this prejudicial evidence could
have swayed the jury" against CPChem, Kitchens said.

The Supreme Court dismissed CPChem's claim that Lofton waited too
long to file the lawsuit.

CPChem has argued Lofton was diagnosed with a lung ailment as
early as 1993.  The three-year statute of limitations began
counting down in 1993, the company said, when Lofton discovered he
had an injury -- not 10 years later when he learned what caused
the ailment.

The company claimed Lofton sued only after he was told that his
ailment was related to exposure to asbestos.

Lofton's attorney said Lofton was never told he had an actionable
lung injury before 2003.  He said asbestosis can appear many years
after exposure.

2010-CA-01465-SCT (Miss.).  A copy of the Supreme Court's June 7,
2012 Decision is available at http://is.gd/XL5n2Ofrom Leagle.com.

ASBESTOS UPDATE: Pa. Court Says National Gypsum Answers Admissible
Margaret T. Petrina, Executrix of the Estate of Joseph E. Petrina,
deceased, and in her own right, won in her appeal from the order
entered on December 30, 2008, in the Court of Common Pleas of
Allegheny County granting summary judgment in favor of Union
Carbide Corporation.  Ms. Petrina contends that the trial court
erred in ruling that answers to interrogatories submitted in
response to Union Carbide's motion for summary judgment were
inadmissible hearsay and thus did not constitute evidence of
record showing a genuine issue of fact for trial.

The Superior Court of Pennsylvania reversed the order granting
summary judgment and remanded the case for further proceedings.
The Superior Court held that the answers of National Gypsum, a
non-party to the case, to interrogatories constituted the
firsthand knowledge of the corporation with respect to the
questions posed as communicated through its chosen spokesperson.
For these reasons, the trial court should not have excluded
National Gypsum's answers to interrogatories from the evidence of
record for purposes of Union Carbide's motion for summary
judgment, the Superior Court held.  The trial court concedes that
the answers to interrogatories "create a material fact from which
a jury might infer that Union Carbide was an exclusive supplier of
asbestos to National Gypsum for use in the Gold Bond joint
compound products," the Superior Court pointed out.  Having
determined that the answers to interrogatories should have been
included in the evidentiary record, the Superior Court concluded
that the entry of summary judgment in favor of Union Carbide was

2011 (Pa.).  A copy of the June 8, 2012 Decision is available at
http://is.gd/DQBXazfrom Leagle.com.

ASBESTOS UPDATE: Abatement of Port Orchard Bldg Delayed
Chris Henry of The Kitsap Sun (Port Orchard) reports that the
discovery of asbestos during demolition of the old Slip 45
building has slowed plans for a midsummer opening of a Pike Place-
style indoor market on Bay Street.

Business owner Don Ryan had hoped to open by July 1, with vendors
offering fresh produce, shellfish, chocolates, beer and other
local products.  A contractor licensed for safe removal of the
potentially harmful building material will dispose of the
asbestos, setting the project back a month.

In the meantime, Ryan and building owner Mansour Samadpour have
decided to revisit plans for renovation of the building at 715
Bay, which will further delay the project.  The extra planning
time will make for a better project in the long run, Ryan said.
"The delay is actually a blessing in disguise."

Port Orchard Development Director James Weaver agreed the delay
could work to Ryan's benefit.

"It was a very ambitious schedule for an existing remodel.  As
with any old building you never know what type of challenges
you'll run into until you begin the project," Weaver said.  "This
allows him to do the project the way he wants."

Samadpour, a renowned food scientist from Lake Forest Park, owns
seven properties in the downtown core.  He previously committed to
spend up to $300,000 on gutting and renovating the 8,000-square-
foot building, which has been a bar or restaurant for most of its

Asbestos is just one of the major obstacles people often encounter
when renovating older buildings, Weaver said.  Lack of structural
integrity can also turn a promising project into a costly
nightmare.  The Slip 45 building, constructed in 1935 on the water
side of Bay Street, proved to be sound, Weaver said.

Buildings on the water side of Bay were built on pilings over the
water.  A major fill in the 1950s changed the waterfront profile,
but the pilings remain and in some cases may be rotten, Weaver
said.  "I think that's a big reason why downtown Port Orchard
hasn't been renovated as readily as other areas."

That was the case with a building owned by local dentist Howard
Minor, which had to be removed because it was sinking, pulling
surrounding buildings down with it.

Weaver commends building owners like Rudy Swenson, a jeweler who
completed a quarter-million face-lift of his Bay Street property a
year ago, as well as Samadpour and the owners of Myhre's
Restaurant, who are rebuilding after a fire.  Swenson's building
was the first upgraded under the city's new design standards.

"You can see what a beautiful building it is," Weaver said.  "We
hope that each (project) adds to that and makes an incremental
difference in downtown.  It doesn't happen overnight, however."

Weaver said the creation of a Main Street association, dedicated
to historic preservation, would give developers additional tools
and financial incentives to pursue projects.

ASBESTOS UPDATE: Former Macy's Building Awaits Abatement Date
Tabitha Bower of Boise Weekly reports that the next stage in
redevelopment of the former Macy's building, at 10th and Idaho
streets, into 64 affordable-housing units was set into action on
May 25th, as final plans were submitted to City of Boise

"I would suspect that sometime in the fall, things will start
moving along," said Dave Wali, broker with Colliers International
and shepherd of the project.

The building has been vacant since 2010, when Macy's walked away
from their downtown location.  Wali told Citydesk that the next
step is waiting for input from City officials before construction
bids go out to contractors.

"It is a long, drawn-out process," Wali said.

According to Wali, the building's condition was pretty much as the
developer had expected.  Asbestos-based tiles and old insulation
first needed to be removed.

Additionally, minor engineering tweaks have been made to plans for
the building in order to accommodate earthquake-related codes.

"At this point, it is just kind of a quiet-zone until we get
through the plan-check side of things and get bids back," Wali

Several retailers have shown interest in the ground floor space,
but Wali said he does not expect any decisions to be struck before
the housing construction gets under way.

"They don't want to just hear that things are getting done; they
actually want to see things are done" Wali said.

The construction cycle, which Wali expects to begin in the fall,
is estimated to take 8-12 months.

"As is the case with anything, you plan for the worst and hope for
the best," Wali said.  "We have done the planning side of it and
now we are just hoping."

ASBESTOS UPDATE: Russian Town Sits on 5 Billion Tons of Fibro
Kristen Griffin for the Mesothelioma Cancer Alliance relates that
though the name of the town may or may not be a coincidence, but
the Russian town of Asbest is home to the world's largest asbestos
mine, nearly half of the size of Manhattan.  Many of the 75,000
residents work in or around the asbestos mine.

The "lifeblood" of this small Russian town is dependent on mining
the carcinogenic mineral.  Though the town of Asbest does not
operate the mine, the mine does provide nearly 70% of the annual

However, residents of Asbest claim that "Western propaganda" has
turned the world against asbestos.  Russia, along with India and
China, still actively mine asbestos and manufacture products
containing asbestos despite a nearly universal ban on the material
because of the known links to devastating health conditions.

Asbestos exposure -- whether from directly mining or through
manufacturing products with asbestos -- is directly linked to
mesothelioma, asbestosis and lung cancer.  Mesothelioma, a rare
and deadly form of cancer, develops after asbestos exposure, where
small particles of the mineral become lodged in the lungs,
abdominal wall or in the protective lining around the heart.

The mine nor the town dispute the thousands of people who have
fallen ill due to their direct exposure to asbestos.  However, the
operators of the Asbest mine claim that all safety precautions and
protections are in place to ensure the overall health of its

According to a report produced by Bloomberg News, the mine at
Asbest has already dug 5 billion tons of asbestos over a course of
120 years, and the mining has yet to completely strip out the
mineral.  Even more, according to the report, the Asbest mine may
yield more than the 5 billion tons of asbestos.  The main form of
asbestos mined and manufactured out of the Asbest mine is

Whether it comes from international pressure or the town's
complete reliance on the mining operation, Asbest officials are
looking to produce insulation that does not contain asbestos.

During the report of the Asbest mine by Bloomberg News, 10 miners
were out on leave due to health problems.

ASBESTOS UPDATE: OSHA Cites 8 Violations Against Aria Contracting
According to an article at aboutmesothelioma.net, federal work
safety regulators have cited a New York asbestos removal
contractor for eight alleged serious violations of workplace
safety standards at a Buffalo, New York worksite.

Inspectors from the Occupational Safety and Health Administration
found that employees of Aria Contracting Corp., of Orchard Park,
N.Y., were not wearing respiratory protection as they removed
asbestos and asbestos-containing materials from a former
warehouse.  OSHA inspectors also said the workers were wearing
ripped and torn protective suits, that no initial monitoring was
done to determine airborne concentrations of asbestos and no
barriers had been erected over openings where asbestos removal
work was underway.  Workers had not been adequately trained about
the hazards of asbestos, OSHA said.

While asbestos is no long widely used, it remains present in many
older buildings and houses.  Workers involved in construction work
including demolition, remodeling and asbestos removal have an
elevated occupational risk of exposure to airborne asbestos fibers
because of their jobs.  Ripping out asbestos-containing building
materials such as ceiling tiles or insulation  during remodeling,
renovation or asbestos  removal projects can release microscopic
asbestos fibers into the air, allowing them to be inhaled if
workers are not properly trained and wearing respiratory

Asbestos fibers may lodge deep in the chest cavity and cause
inflammation that eventually leads to respiratory disease.
Mesothelioma, an aggressive cancer of the lining of the lung, is
closely associated with asbestos exposure.

"Inhalation of asbestos fibers by workers may lead to lung disease
and other disorders," said Arthur Dube, OSHA's area director in
Buffalo.  "That is why it is essential that effective protective
measures, including proper protective gear and adequate and
effective employee training, be in place and in use whenever

As a result of its findings, OSHA has proposed a total of $56,000
in fines against Aria Contracting.  The company has denied that
any violations occurred, according to OSHA.

Approximately, 2,500 to 3,000 people in the U.S. are diagnosed
with mesothelioma each year.  Most are older workers, retired
workers and veterans who were exposed to asbestos in a workplace
or during military service.

ASBESTOS UPDATE: Buried Hazmats + Mole Problems Displace Tradition
Katie Oakes of The Liverpool Echo reports that the popular annual
Woodvale air rally was forced to leave its traditional Merseyside
home after moles unearthed asbestos.

Organizers of the Woodvale Rally, which draws in thousands of
petrolheads, thrillseekers and motor enthusiasts each year, were
told they would have to move from RAF Woodvale, in Formby, over
health and safety concerns last month.

The two-day event will now be held at Southport's Victoria Park on
July 28 and 29.  But because the park, the home of Southport
Flower Show, is a much smaller site, there will be no flying model
planes and far fewer big military vehicles.

The ministry of defense found the asbestos -- which can be
dangerous to people if loose fibers are inhaled -- during a
routine site survey.

John Lyon-Taylor, director of non-for-profit Woodvale Rally Ltd,
confirmed moles had brought the problem to the surface.  He said:
"During the war there were a lot of prefabricated buildings on the

"At the end of the war they were bulldozed and buried in the
ground, so there is a lot of broken asbestos.

"It is well known there is a mole problem there.  They have been
burrowing the ground and bringing the asbestos up."  Mr. Lyon-
Taylor added that the asbestos was there for 40 years but because
it was covered it presented no health risk.

He said: "Even walking over it does not matter, but the moles
brought some above ground."

It is understood contractors at the airbase, next to the Formby
bypass, found the asbestos while repairing a drain.

Mr. Lyon-Taylor said: "Once the MoD knew about it, it said it
could not allow members of the public on to the site this year or
ever again."

But Mr. Lyon-Taylor and charity chairman Charlie Scott were
confident about the future of the rally, which is in its 41st

Mr. Lyon-Taylor said: "In some ways it may well be a rejuvenation.
We were obviously disappointed and downhearted but this will give
us the opportunity to look at the whole thing.

"There are some things which have stayed the same for years just
because that is what we have always done.  But now we will improve
it and give it a modern outlook.

"It will not change greatly, but we will modernize it."

Mr. Scott added: "Some parts will be different but for a lot of
people who come every year the rally will be the same.

"The staff at RAF Woodvale were as devastated as we were -- they
tried their best for us to stay on the site.

"They were incredibly helpful and we are grateful in the extreme
for what they have done over the years.

"If it was not for the asbestos we would still be there --
everything else was fine."

RAF Woodvale was unavailable for comment.

ASBESTOS UPDATE: Coroner Ruled Work-Related COD But No Fibro Found
Gloucestershire Echo reports that a retired building supplies
worker who handled asbestos in the 1960s died from an industrial
disease -- even though no asbestos fibers were found in his lungs,
a coroner ruled.

George Greening showed indications of asbestos exposure, but tests
found none of the deadly fibers after his death.

But Gloucestershire Assistant Deputy Coroner Katy Skerrett decided
there was enough evidence for her to find that he had died because
of his work.

Mr. Greening 77, of Devon Avenue, Cheltenham, died of lung cancer
at the town's Sue Ryder Hospice on Christmas Eve.

His daughter Susan Apperley told the hearing at Gloucester
Coroners Court that for much of his life he had worked for local
company Sharpe and Fisher, driving lorries delivering building

"Those supplies included asbestos, which he had to handle, and he
would deliver it to sites where it was being cut and used," she

Mr. Greening's GP Dr. Stephen Collyer said he had been a long-
standing smoker, but his family said he had given up in his 30s.

He said: "He was suffering from smoking related chronic
obstructive lung disease (COPD), plus type 2 diabetes and high
blood pressure.

"His cough was first treated with steroids but an X-ray showed a
12mm shadow on his lung and a later CT scan showed it had grown to

Consultant pathologist Professor Neil Shepherd said it had clearly
been an aggressive cancer and of a type that could be caused both
by asbestos exposure and by smoking.

"He also had plural plaques, a feature uniquely associated with
asbestos exposure," he said.

"That is very clear evidence of asbestos exposure and a link to an
occupational cause of death, but a detailed analysis found no
fibers in his lungs at all.

"Someone who has smoked is 10 times more likely to get cancer of
the lung and someone who has been exposed to asbestos is five
times more likely to get it.

"But the two together make the chance of a person getting it 50
times greater and the asbestos exposure increased Mr. Greening's
risk greatly."

Summing up, Mrs. Skerrett said that asbestos fibers could be
cleared at different rates by different people.  She recorded a
verdict of death by industrial disease.

ASBESTOS UPDATE: Cause of Iron Rangers' Mesothelioma Still Unclear
John Myers of the Duluth News Tribune reports that a comprehensive
study on why so many Iron Rangers are dying of a rare lung disease
is entering its final data-crunching stages with some results
expected later this year.

But in an update provided in May, key researchers confided they
may never find a link between a high rate of fatal mesothelioma
and the taconite iron ore industry -- that the high rate of
mesothelioma deaths may have been caused by exposure long ago and
far away.

"It could be we don't see any relationship to the workplace," said
Jeff Mandel, an associate professor at the University of
Minnesota's School of Public Health and the lead researcher in the

But researchers in the nearly $5 million Minnesota Taconite
Workers Health Study quickly added that they haven't reached that
conclusion yet and are working to see where and how Rangers may
have been exposed to asbestos or asbestos-like fibers that are the
only known cause of the always fatal mesothelioma.

On Thursday, May 31, researchers revealed that the study already
has confirmed a 300% higher rate of mesothelioma on the Iron Range
than the general population in Minnesota.

Thursday's update, the first since October, also reported that
Rangers have about 20% more lung cancer and 11% more heart disease
than the general population.

Yet while lung cancer can be caused by smoking and heart disease
from bad eating habits and obesity, mesothelioma can come only
from exposure to certain kinds of airborne fibers.  Researchers
said they simply aren't finding many, if any, of the traditional
asbestos-size mineral fibers in their study.  So now they are
focusing on shorter fibers.  Once called "asbestos-like fibers,"
researchers are now calling them "elongated mineral particles"
because they are not truly asbestos.

Some Rangers have speculated that the lung disease killing their
cohorts comes from the minerals in the rock released by the
process of mining low-grade iron ore and processing it into
taconite pellets.  Researchers continue to look at that, but say
it's possible the exposure came from previous jobs, such as in the
ship building industry or onboard asbestos-laden Navy ships, or
handling asbestos molds or insulation while working in taconite

Meanwhile, a health screening of current and retired taconite
workers found that 17% had reduced lung capacity and about the
same had abnormalities on tissue around the lung.  It's not clear,
however, if those problems are from smoking, dust exposure or
other issues.

At least 82 Iron Rangers have died in recent years from
mesothelioma, which often doesn't appear until 30 to 40 years
after initial exposure to asbestos fibers.

It's estimated about 80,000 workers have been involved in mining
since the first operations began in Minnesota in the late 1800s.
Researchers are focusing on the roughly 46,000 people born since
1920 who worked in the production of taconite, which has been
mined and processed in Minnesota since the 1950s.

The health study, headed by the University of Minnesota's School
of Public Health and funded by the 2008 Minnesota Legislature, has
five distinct parts:

     -- An occupational exposures assessment to determine how and
where the asbestos or shorter particles came from.

     -- A mortality study to determine the cause of death for
thousands of deceased taconite workers.

     -- A cancer incidence study to see whether lung cancer rates
are higher on the Iron Range.

     -- An environmental study of current airborne particulates to
check for asbestos levels in taconite plants and in local cities.

     -- And a respiratory health study of living taconite workers
and their spouses.

All of the field work has been completed and now scientists are
crunching their numbers.  All of the data analysis will be peer
reviewed before it's released.

Bob Brown, safety chairman for United Steelworkers of America
Local 2750 at Hibbing Taconite, who serves on the health study's
advisory committee, said Thursday's update was good but
steelworkers are still awaiting the results with trepidation.

"It seems like they are doing a very thorough job. I think people
are satisfied that they are at least taking this serious this
time," said Brown, 56.  "But people are worried.  They want to
know if they are going to have some golden years after they retire
or if they are just going to get sick.  I've got 24 years in at
HibTac and 35 years in the mining game. . . .  I'm concerned where
this (lung disease) is coming from."

Brown said he was encouraged to hear that the study also is
looking at the relatively high exposure to silica in taconite
operations as a possible health concern.

Results from each part of the study will be made public when
completed, with more results later this year and a final, overall
report expected in 2013.

ASBESTOS UPDATE: Ex-Miners' Medical Tests Nullified in Swaziland
Times of Swaziland's Bonisile Makhubu reports that the government
has finally nullified ex-asbestos miners' medical examinations
that were done by a doctor hired by a South Africa company.

The testing process which began in 2008 was objected to by the
ex-miners last year after they suspected foul play as most of them
were diagnosed negative.

The Asbestos Relief Trust (ART) based in Johannesburg had engaged
the services of Mbabane-based attorney Lindifa Mamba to facilitate
the testing of former miners in the asbestos mines which were
operated by Gencor Limited and Gefco.

Apparently this was done without the involvement of the government
of Swaziland.  People who tested positive to asbestos related
illnesses were to qualify for compensation from the Trust, which
at that moment had E380 million set aside for this purpose.

According to Tina Da Cruz of the Trust, this was a lump sum
settlement which was invested with professional asset managers to
ensure that there are sufficient funds, based on current actuarial
projections, to compensate claimants who develop compensable
asbestos related diseases over the lifetime of the Trust.

She said the money will not only benefit former asbestos miners in
Swaziland, but also in neighboring countries where the companies
operated.  Of the people who later on tested negative, some
claimed they had tested positive while they were still at work and
they were compensated.

They then wondered how the disease could have vanished since most
of the asbestos related illnesses are not curable.

Out of about 300 former miners who had registered for testing in
Swaziland, about 200 have been tested so far and most of them were
given results that showed they were now negative.

Shakes Tsabedze, who heads the ex-miners in Swaziland, said the
re-registration has begun and testing will begin this month.  He
said government, through the ministry of Labour and Social
Security, has secured another doctor to conduct the tests.

Da Cruz said despite several meetings between Trust officials and
the Department of Labour spanning a number of years, the Trust was
unable to conclude a Memorandum of Understanding with the
department and set-up a presence in Swaziland.

She said, "In about 2005, the Trust received applications from
several individuals who had been exposed to asbestos from
qualifying operations and who were living in Swaziland.  In order
to facilitate the process for these and potentially other
individuals, the Board of Trustees took the decision to
investigate the possibility of setting up a presence in

She said this is a voluntary process, where individuals who were
exposed to asbestos from qualifying operations and believe that
they may meet the medical criteria to claim, may choose but are
not obliged to pursue a claim with the Trust.

"LR Mamba and Associates have been assisting potential claimants
to investigate whether they qualify to receive compensation from
the Trust and continue, to the best of our knowledge, to provide
excellent service and invaluable assistance to these individuals,"
said Da Cruz.

Principal Secretary in the Ministry of Labour and Social Security
Nomathemba Hlope said they have constituted a workman's
compensation board that will conduct the examinations.

ASBESTOS UPDATE: Abatement at Allen-Fort Wayne Project Topped $1MM
Vivian Sade of The Journal Gazette reports that the renovation of
the former City-County Building -- now the Rousseau Centre -- came
in over budget, but was not as high as county officials had

Early architectural estimates for the joint project between Allen
County and Fort Wayne were about $3.2 million, but when studies
showed numerous building concerns, that number quickly changed,
Allen County Commissioner Nelson Peters said on June 1.

The final cost came in at $4.8 million, slightly more than the
$4.5 million the county had set aside for the project last year
after engineering studies had bumped up project estimates.

After approving payment for $286,517 in final change orders,
Peters and fellow commissioners Linda Bloom and Therese Brown
expressed relief that the final cost was not as high as they had
thought it would be.

Construction and architectural officials said a number of factors
were to blame for the increased costs, including the age of the
50-year-old building, the need for asbestos removal and
fireproofing, and extra security measures and mechanisms requested
by the tenants.

"The asbestos removal alone was over $1 million," Peters said.

The city and county have butted heads more than once over shared
costs associated with the building.  In March 2011, the county
agreed to scrap a less costly floor plan and approve an additional
$338,584 for the new city-county police headquarters after the
city police chief and sheriff said the less costly plan would
compromise public safety.

In November, Peters warned the city that building construction
would stop if city officials failed to make good on a $1 million
pledge made earlier toward the renovation project.  Within the
next few weeks, the city made two payments of $500,000.

The county must still sift through the final invoices to decide
what portion is the county's responsibility and what the city
owes, said Chris Cloud, executive assistant for the commissioners.

The building now houses city and county police, as well as several
other county offices and Fort Wayne's Metropolitan Human Relations

The bulk of the project was done in March, and as of mid-May all
tenants have moved into the building.

ASBESTOS UPDATE: Regina Readies C$65.8MM to Reline AC Watermains
M.E. Powell of Metro Regina reports that the City of Regina plans
to reline asbestos cement watermains this year.

Asbestos cement (AC) pipe makes up about 550 km of the city's
1,070-km watermains.

The city has set aside about C$2 million for the work, says Sandy
Bailey, Water & Sewer engineering manager.  In the 2012 budget,
about C$65.8 million is allocated for water system improvements.

Inhaled asbestos is known to be a major carcinogen, but the jury
is out on whether it's as deadly when waterborne.  A 2010 National
Research Council (NRC) study reports: "Although there are fewer
health concerns about waterborne asbestos fibers, there are still
concerns about the inhalation of airborne asbestos from showers,
humidifiers, etc.  There are also some concerns about the
ingestion of fibers from drinking water as well as the clogging of
filter systems."

With deteriorating AC pipe, according to 2011 National Research
Council (NRC) report, even minor disturbances such as a water
hammer can release biofilms and asbestos fibers into the drinking
water, "causing a health concern."  A 2005 NRC report indicates "a
total of 911 breaks were recorded" in Regina between 1994-2003,
and a 2007 report says the AC pipes have broken most often in
Whitmore Park-Hillsdale area.

However, asbestos fibers are not monitored in Regina's drinking
water quality data reports, Bailey says.  Health Canada doesn't
require monitoring of asbestos fibers because, it reports,
"currently available data indicate no health risk or aesthetic

Asbestos cement pipes offer more risk when replaced, Bailey adds.
The city has procedures to protect workers from airborne asbestos,
including appropriate respirators, clothing, tools and methods.
But the safest and cheapest method, she adds, is to insert liners.

"It's basically like an inside-out sock that has a resin
impregnated into the fiber," Bailey says, and that is then put
through the old pipe and then it's expanded and cured right in
place, and it becomes a brand new pipe on the inside of the old

ASBESTOS UPDATE: Testing Delays Completion of Evacuation Center
The Associated Press reports that upgrades to Monroe's recreation
centers designed to house hurricane evacuees are not complete, but
officials say the city is prepared to uphold its commitment to
house them.

Renovation of the centers has been under way since last fall.

Roof repairs at the Saul Adler and Powell community centers are
finished, but work at a third center, Emily P. Robinson, is still
going on.

City community affairs director John Ross said checks for the
presence of asbestos have slowed the process.

Although the upgrades are not complete, Ross said the city is
equipped to serve as an evacuation site for residents of
Terrebone, Lafourche and St. John the Baptist parishes as outlined
in a cooperative endeavor agreement.

The Monroe Civic Center is identified as the evacuation site for
Terrebonne Parish; Henrietta Johnson, Lillie Maddox Marbles
Recreation Center and Saul Adler Community Center have been
designated as the shelter sites for St. John the Baptist Parish;
Harvey H. Benoit, Emily P. Robinson, and Powell Community Centers
have been designated as the evacuation sites for Lafourche Parish.

The B.J. Washington Boxing and Fitness Community Center wasn't
part of the agreement because there isn't enough open space there
for it to serve as a shelter, Ross said.

Together, up to 5,400 residents from the southern parishes could
be accommodated at Monroe community centers in the event an
evacuation is ordered.

ASBESTOS UPDATE: Millions of Lebanese Exposed to Carcinogens
Pat Guth, writing for the Mesothelioma Cancer Alliance at
Mesothelioma.com, reports that asbestos exposure is an ongoing
problem in the country of Lebanon, say local experts, even though
the country banned the import of the material in 1998 and the
country's largest importer of asbestos -- Eternit -- closed down
in 2000.

According to an article in the Green Prophet, an outdated law that
allows for the import of "white" chrysotile asbestos is still on
the books, so importers are still bringing the dangerous material
into the country.  Furthermore, say local grassroots organizations
concerned about asbestos exposure, no one seems to be passing laws
that govern the handling of already existing asbestos.  For
example, there are no designated waste dumps in Lebanon for old,
damaged asbestos products, which can be extremely dangerous.

When Eternit closed down their offices and warehouse near the
coastal town of Shekka, they took their remaining unsold
merchandise and dumped it on a local football field.  Residents
say the area is still covered with asbestos-insulated pipes and
that cancer rates are rising in their town.  Particularly, the
asbestos-caused cancer known as mesothelioma is showing up more
and more often.

Behavior such as this concerns Dr. Joseph Kattan doctor of
hematology and oncology at Hotel Dieu Hospital.  "Unlike various
speculations on other types of cancers, there is clear and strong
evidence on the cause and effect relationship between asbestos
contamination and malignant mesothelioma," Kattan said.  "If one
type of asbestos is less aggressive, it doesn't mean that it is
not dangerous."

The country's Environment Minister disagrees.  He notes that even
though Lebanon has no designated toxic waste dumps for asbestos
materials, they partner in an international agreement whereby all
participating countries will help with waste disposal.  He says
residents need only file a request for help to dispose of the

In the meantime, most of the Lebanese population still suffers
asbestos exposure on a daily basis, Dr. Kattan points out.
They're exposed through car exhausts, asbestos-lined irrigation
pipes, and household products such as ironing board covers.  In
addition, says Kattan, those who work with asbestos often are not
provided with proper protective clothing, opening the door for
secondary exposure when they bring asbestos dust home on their
clothing or hair.

ASBESTOS UPDATE: Nemeroff Law Firm Celebrates Win Against HB477
As the Louisiana legislature marks an end to its 2012 session, the
Nemeroff Law Firm celebrates a win for victims of mesothelioma and
other asbestos related diseases.  Nemeroff lawyers played a
critical role in striking down Neil Abramson's Asbestos Bankruptcy
Trust Transparency bill, which would have resulted in
significantly reduced legal judgments and unfair and duplicate
regulations for asbestos victims seeking compensation for their
injuries.  Although unanimously passed in the House, H.B. 477 was
defeated in committee by the Louisiana Senate in a 4-2 vote.

The proposed legislation would have required additional victim
disclosure that is contrary to long-standing rules governing
admission of evidence.  By allowing defendants to introduce
evidence about hypothetical compensation it could have reduced
actual compensation for victims, and in some cases removed the
ability of a judge to determine whether evidence was admissible in

"This ill-conceived and potentially harmful legislation would have
further victimized individuals suffering from mesothelioma and
their families by forcing them to jump through unnecessary legal
hoops and significantly reducing their ability to seek fair
compensation," said attorney Rick Nemeroff, founder of the
Nemeroff Law Firm, which helped lead efforts to defeat the bill.
"Even worse, this legislation would have made it easier for the
companies that caused that suffering to dodge their

Mesothelioma is a rare type of cancer that occurs in the
protective lining of internal organs and is most commonly found in
the lining around the lungs.  The primary cause of the disease is
asbestos, a fibrous mineral used extensively by manufacturers and
builders.  Mesothelioma may take as long as 60 years to develop
after exposure and treatment can be very expensive.

While measures and regulations have been implemented to reduce
asbestos exposure, some companies still manufactured and used
these products long after they were known to be hazardous and
harmful.  Court documents have proved that asbestos industry
officials knew about asbestos dangers and concealed them from the

With licensed attorneys in Louisiana, the Nemeroff Law Firm
represents mesothelioma victims nationwide and has been awarded
over $20 million in verdicts in Louisiana alone.

                  About Nemeroff Law Firm

With offices in Dallas, Houston and Pittsburgh, the Nemeroff Law
Firm is a nationally recognized trial firm dedicated to helping
individuals and families who suffer from asbestos related
mesothelioma, harmful pharmaceuticals, and catastrophic personal
injuries or death as a result of the wrongful or negligent conduct
of others.  Led by attorney Rick Nemeroff, the firm serves clients
throughout the United States and Mexico, combining compassion and
caring with aggressive litigation skills to deliver life-changing
results.  For more information, contact the Nemeroff Law Firm at
866-435-1831 or go to http://www.nemerofflaw.com/

ASBESTOS UPDATE: Cleanup of Lethal Stutsman Building Criticized
Kristen Griffin, writing for the Mesothelioma Cancer Alliance at
Mesothelioma.com, reports that the Stutsman County Courthouse in
Jamestown North Dakota is contaminated with extremely toxic and
carcinogenic materials that place employees and visitors in the
new, attached courthouse at a serious health risk.  Among the
deadly materials found in the old courthouse include asbestos,
lead and seven different types of mold, two of which are known
cancer-causing spores.

Beyond the immediate health risk, the historic courthouse also
poses imminent fire safety concerns.  Specifically, the
potentially lethal combination of unsafe wiring with flammable
items, including original wooden furniture, increase the risk of

The far largest health concern is that the new courthouse is
physically attached to the unused, historic courthouse in several
places, thus increasing the possibility of not only cross
contamination but also fire risk.

Though the health issues have been known since January, the
stumbling block to decontaminate the old courthouse has fallen to
money.  Simply, budgetary concerns restrict any site cleanup.
From disintegrating wiring that contains asbestos and flaking lead
paint to the several different types of mold found, a firm hired
to assess the historic courthouse recommends that the building to
be sealed off and entry entirely restricted.

A temporary and less expensive solution proposed would require
sand to be poured into the most contaminated floor, the basement.
The thought is that it would immediately suspend any further
health and environmental damage by eliminating the threat of the
exposed asbestos wiring, mold and lead paint.

Critics of the plan say that any attempt to clean up the
courthouse would be premature and wasteful.  Specifically, any
plans for what the old courthouse would be do not exist, and
spending money to decontaminate the building would be wasteful.

The on-going concern are the potential air quality issues in the
new courthouse.  Since the new building shares walls and vents,
there is a significant risk that contaminated air will filter into
the new building.  Some of the identified molds are both highly
allergenic and potentially carcinogenic, and asbestos exposure may
lead to mesothelioma and lung cancer.  Mesothelioma is a rare and
deadly disease directly linked to inhalation or ingestion of
asbestos particles.

The air quality in the new courthouse will be monitored over the
course of the summer as plans to decontaminate the old courthouse
are solidified.

ASBESTOS UPDATE: Abatement of Ripley Bridge to Complete by June 30
Andrew Korner of The Queensland Times reports that the removal of
asbestos from the Ripley Road overpass will delay upgrades to the
troublesome section of road by at least two months.

The bridge linking Flinders View to Ripley was partially closed
after a high clearance truck travelling down the Cunningham
Highway hit it on January 6 this year.

It was the last of several incidents in which trucks had struck
the bridge.

The decision was made to completely close the bridge on April 1 so
that repairs could get into full swing.

In a construction effort that was initially expected to be
completed in August, contractors will raise the height of the
bridge, while also lowering the road.

As a result, traffic headed to or from Ripley was forced to divert
up Fischer Road or enter the township from the south via the
Centenary Highway.

A Queensland Transport and Main Roads spokeswoman said the
discovery of asbestos within the existing bridge structure,
reported in the QT in May, would result in significant delays to
the construction project.

"The process to remove the asbestos is under way by a licensed
asbestos removal contractor and is estimated to be completed by
the end of June 2012," she said.

"Work will resume at the site once clearance has been given and is
estimated to be completed by early October weather permitting."

The department had to offer support to 150 workers involved in the
project, following concerns over possible asbestos exposure.

The closure of the overpass has placed a significant strain on
Fischer Road in particular, as the southern section of the road is
still gravel and was not designed to cope with large traffic

Local area councillor Charlie Pisasale said he was watching the
area "like a hawk" to ensure the dirt section of the road was up
to scratch.

Ipswich City Council completed a full upgrade of the road only
last week.

Meanwhile, the State Government is paying for water truck
contractors to be an almost constant presence, in an effort to
keep dust levels under control.

ASBESTOS UPDATE: Carcinogens Close Kyneton Kindergarten for 24 Hrs
Angela Valente of the Macedon Ranges Weekly reports that Lady
Brooks Kindergarten in Kyneton was shut for 24 hours on June 4
after "unsafe" asbestos was found in a power box.

The asbestos sheeting was removed and the kindergarten reopened on
Tuesday, June 5, the day after the closure.

Macedon Ranges Council said in a statement none of the children
was exposed to asbestos.

All kindergartens in the shire managed by the council were
inspected for asbestos as part of an audit of all council-owned
and managed buildings.

Council assets and operations director Dale Thornton said it would
complete inspections of all buildings in order of priority.

The council has already inspected 57 sites as part of the first
stage of the audit.

The kindergartens audited include one each in Macedon, Kyneton,
Lancefield, Romsey and Riddells Creek and two in Gisborne.

"Council has a register of asbestos contained within council
buildings," Mr. Thornton said.

"This audit allows us to verify this register is up to date and
that no asbestos has deteriorated to an unsafe condition."

The council decided to audit all kindergartens after asbestos was
found at a Woodend site.  The kindergarten was closed on February
23 and reopened four days later.

A 2006 check had failed to detect asbestos at the kindergarten.

In October 2010, Grant Avenue Kindergarten in Gisborne was closed
for three weeks after "unsafe" asbestos sheeting was discovered in
the 40-year-old building.

ASBESTOS UPDATE: Brimbank Residents Block Re-Zoning
Anthony Loncaric of Brimbank Weekly reports that a group of
Brimbank residents says the potential development of land along
Kororoit Creek in Sunshine could pose serious health risks to
people living in the surrounding area.

Residents campaigning to keep the Fraser Street site as open space
say it is not safe to be developed following the release of an
environmental audit report showing there is residual asbestos
across the entire site.

The 300-square-meter parcel is in a public park and recreation

As reported by the Weekly, Melbourne Water applied last February
to rezone the land to residential.

The report, prepared by Environmental Earth Sciences environmental
auditor Todd Mitchell, found the asbestos in its current form did
not pose a risk to site users as long as thick grass cover was

Sunshine resident Beverley Aird said she and other residents were
alarmed at the risk of asbestos exposure if Melbourne Water was
allowed to develop the site.

"I can't see how on earth they would remove the asbestos safely
and it would be negligent to allow them to proceed with developing
the land," Ms. Aird said.

"There are people living on the doorstep of the parcel of land and
there is a risk of exposure once digging starts."

Ms. Aird said the land should be preserved as open space for use
by residents.

"I've lived here for 35 years.  It's an isolated area and there
are not many places where residents can gather to enjoy sports and
other activities," she said.

"It has been used by kids to have a game of cricket and other
sports and with this report out, we are more than ever pushing for
this land not to be rezoned."

Western Metropolitan Greens MP Colleen Hartland said the
environmental audit report further supported the view that the
site was not suitable for development, especially because of its
proximity to sensitive environments such as the Kororoit Creek and

"The government should stick to its election commitment to protect
existing parks and open space from development," she said.

ASBESTOS UPDATE: Coroner Concurs Ex-Brewer's COD Was Due to Fibro
Josh Taylor of the Burton Mail reports that a 73-year-old former
brewery worker died of asbestos and smoking-related lung problems,
an inquest has found.

Burton Town Hall inquest Leonard Beck, who was responsible for 200
men at Burton's Ind Coope brewery, breathed in asbestos dust
during his career as a plumber and had smoked heavily until
several years ago.

South Staffordshire Coroner's Court, sitting at Burton Town Hall,
heard there was scarring in his lungs and he was suffering from
emphysema before his death.

Mr. Beck, of Hurst Drive, Stretton, was admitted to Burton's
Queen's Hospital on March 15 on his GP's advice because he was
suffering shortness of breath.

His health, however, deteriorated further and he died at 12.50 am
on March 18.

Pathologist Dr. Peter Acland, who carried out the post-mortem
examination on Mr. Beck's body, said: "He had suffered a steady
deterioration of his lung function.

"There were plaques associated with asbestos and blisters on the
surface of his lungs.

"There was definitely evidence of asbestos exposure and this would
have been made worse by smoking."

Coroner Andrew Haigh ruled Mr. Beck's passing could not be
described as natural and instead recorded a verdict of industrial

He said: "Seventy-three is not a particularly old age these days.
His life spent as a plumber exposed him to asbestos dust.

"He was also a smoker for most of his adult life.  In his final
years he developed severe lung disease."

Mr. Beck's cause of death was listed as chronic constricted
airways disease and ischemic heart disease.

Mr. Beck trained as a plumber at a technical college before
serving two years in the Royal Corps of Signals.

He later worked for racing magnate Sir Stan Clarke before entering
the brewing industry.

Mr. Beck was appointed supervisor and planning co-ordinator at Ind
Coope.  This was an office job with responsibility for 200 men.

After finishing at the brewery, he returned to plumbing as a self-
employed tradesman until his retirement at 65.

ASBESTOS UPDATE: Fibro-Tests Underway at Kuranda Housing Site
Kirsty Nancarrow of ABC News reports that workplace health and
safety inspectors have ordered work to stop on a far north
Queensland building site after an asbestos scare.

Samples from a building site at Kuranda are being tested for

A spokeswoman for Workplace Health and Safety Queensland says
inspectors have issued a stop-work notice at the site owned by the
NgoonbiHousing Co-operative Society.

She says the order prevents further construction or demolition
until waste material is positively identified as containing
asbestos and is managed appropriately.

The co-operative society's executive officer, Lionel Quartermaine,
says construction trainees had been working at the site for a

Workplace health and safety says it is monitoring the situation
and investigations are continuing.

ASBESTOS UPDATE: Loose Carcinogenic Fibro Dumped at Gillman Park
Lisa Bachmayer of The Portside Messenger reports that an asbestos
dump has been found at Gillman, just meters away from a site
popular with local dirtbike riders and families.

At least three bags of asbestos and 100 asbestos pipes were
discovered at the old Dean Rifle Range, near the Northern
Expressway and Eastern Parade, late last month.

Construction, Forestry, Mining and Energy Union state secretary
Dave Kirner alerted authorities after the material was found
during an inspection of two derelict buildings on privately owned

"Every weekend there are families having camp fires around there
and trail bikers riding there," he said.

"Some of the bags are open and blowing about, while people are
sitting near the bags.

"We need to let people know we don't want them to go down there."

The asbestos was found on that site and on land next to it, owned
by the State Government's Urban Renewal Authority.

Mr. Kirner said it had been dumped by people "too stupid to do the
right thing".

Mr. Kirner notified the Environment Protection Authority and
SafeWork SA representatives, who visited and tested the site last
Thursday, May 31.

Urban Renewal Authority chief executive Fred Hansen said the
asbestos was expected to be removed within the first week of June.
Port Adelaide Enfield Mayor Gary Johanson said the issue was a
"serious matter" and "completely illegal."

"It was obviously someone who had no regard for the safety of
anyone else to have done such a thing," he said.

"If that has been done, you can only imagine the lack of concern
for the neighbors and surrounding properties when the demolition
took place."

An EPA spokeswoman said the dumped fibrolite water pipes appeared
to have been removed from an industrial site.  "The EPA takes the
illegal dumping of all types of waste very seriously, but
particularly asbestos because of the risk it poses to human
health," she said.

"This incident is particularly concerning because the pipes appear
to have been removed, transported and dumped with no protective

ASBESTOS UPDATE: Garlock Sues Plaintiff Law Firm for Fraud
John O'Brien of Legal Newsline reports that an asbestos law firm
is being accused of fraud by a company that claims the firm
produced two different versions of how its client fell ill in an
effort to boost recovery.

Garlock Sealing Technologies filed the complaint Monday, June 4,
in North Carolina bankruptcy court in Charlotte, alleging that the
Houston firm Williams Kherkher Hart Boundas made differing claims
about the origin of John Phillips' mesothelioma.

The firm sued Garlock in 2008 in a Texas state court, alleging
that Phillips' illness was caused by a rare type of asbestos
(crocidolite) that came solely from Garlock's products, the
company claims, at the same time it was pursuing claims against a
manufacturer of products that contained the same type of asbestos.

Garlock says it was induced to enter into a far larger settlement
than it would have paid.  In Texas, juries can allocate a
percentage of liability to responsible third parties.

"Evidence of crocidolite exposure from sources other than Garlock
would have been powerful evidence in Phillips," the company
argues.  "Thus, truthful evidence of Phillips' exposures to other
crocidolite products would have materially decreased Garlock's
potential liability, and thereby decreased the settlement value of
Phillips' claims."

Phillips worked at Triplex, a company that sold parts that
contained asbestos, from 1966-68, but no records still exist
detailing the company's inventory then.

The company claims the firm could have asserted Johns-Manville's
asbestos-containing gaskets were to blame, but Johns-Manville had
already filed for bankruptcy.  More than 90 companies have
declared bankruptcy from asbestos litigation, and more than 60
bankruptcy trusts have been established to pay out claims.

The bankruptcy trust system operates independently from civil

"Garlock was an ideal target," the company says.  "Although most
of its gaskets were made from chrysotile, it sold a limited number
of crocidolite gaskets for specialty applications.  It was not in
bankruptcy at the time the lawyers were planning their case.

"Also, Garlock defended mesothelioma cases by asserting, among
other defenses, that chrysotile gaskets do not cause mesothelioma,
making it hard for Garlock to argue that J-M chrysotile gaskets
contributed to Phillips' mesothelioma."

Williams Kherker had admitted that their client had a claim
against CAPCO pipe company, which, Garlock says, made crocidolite-
containing products.  The lawyers, wanting to boost their
recovery, filed the lawsuit against Garlock after, in 2008,
Garlock says.

Garlock entered bankruptcy in June 2010.

"(The lawyers) repeatedly signed responses to requests for
information about their client's claim against Garlock by
describing a history of exposure to asbestos products that did not
include exposure to the products of (CAPCO)," the complaint says.

"The lawyers had reason to believe that telling two different
stories would succeed because their ballots would not be readily
available to the public and their bankruptcy trust claims, when
made, would be kept confidential."

Garlock obtained copies of ballots cast on plans of reorganization
in certain bankruptcy cases in April.  They showed that a Williams
Kherkher attorney certified that Phillips held a claim against
ASARCO, the owner of CAPCO.

A second ballot cast in 2009 after a settlement with Garlock
showed Phillips had a claim against CAPCO in which he listed a
disease level that required evidence of exposure to products
mined, manufacture, sold, supplied, produced, specified, selected,
distributed or marketed by CAPCO or ASARCO, the company says.

"Garlock is informed and believes that the firm knew about
Phillips' exposure to CAPCO products during 2008-09 when it
responded to or supplemented Garlock's discovery," the complaint
says, "and failed to disclose such exposure to Garlock because it
would decrease the value of the claims against Garlock."

Garlock called the current status of bankruptcy claims and civil
lawsuits "a two-track system that is rife with potential for

On Wednesday, June 6, the House of Representatives Judiciary
Committee was scheduled to discuss pending legislation that
addresses the concerns some have with the bankruptcy trust system.

House Resolution 4369 would require bankruptcy trusts to disclose
claims and exposure allegations while providing third-party
discovery in civil lawsuits.

At a Subcommittee on Courts, Commercial and Administrative Law
hearing, U.S. Rep. Steve Cohen, D-Tenn., used the word "parasites"
when describing the attorneys who called him while his friend,
singer/songwriter Warren Zevon, suffered from mesothelioma.

The legislation was introduced in April by two Republicans, Ben
Quayle of Arizona and Dennis Ross of Florida, and Democrat Jim
Matheson of Utah.

In April 2010, U.S. Rep. Lamar Smith, R-Texas, asked the
Government Accountability Office to investigate the trust system.
He pointed to an oft-cited 2007 instance in Ohio, where in
Cuyahoga County the California law firm of Brayton Purcell claimed
the late Harry Kanania died in 2000 of mesothelioma solely from
smoking cigarettes made by Lorillard Tobacco, while simultaneously
seeking compensation from multiple asbestos trusts, claiming their
products led to Kanania's fatal lung condition.

The GAO released its report in October, finding no instances of
abuse.  It did note that the trusts operate in secrecy.

"Although the possibility exists that a claimant could file the
same medical evidence and altered work histories with different
trusts, each trust's focus is to ensure that each claim meets the
criteria defined in its (trust rules), meaning the claimant has
met the requisite medical and exposure histories to the
satisfaction of the trustees," the report says.

"Of the trust officials that we interviewed that conducted audits,
none indicated that these audits had identified cases of fraud."

A Delaware judge recently voiced her displeasure with the system
when it was alleged that Texas attorney Brent Coon had submitted
20 claims to trusts on behalf of a Florida woman's estate after he
had referred the case to Florida attorneys who sued, among other,
Foster Wheeler Energy Corp. in Delaware.

The company did not know about the bankruptcy trust claims until
36 hours before a trial was scheduled to begin.

"This is really seriously egregiously bad behavior," New Castle
County Superior Court Judge Peggy Ableman said in a November
hearing.  "This is misrepresenting.  This is trying to defraud.

"I don't like that in this litigation, and it happens a lot.  And
I'm trying to put an end to it.  This is an example of the games
that are played."

The U.S. Chamber of Commerce Institute for Legal Reform supports
HR4369.  The ILR owns Legal Newsline.

The individual attorneys named as defendants in Garlock's lawsuit
are Troy Chandler, Charles Finley and Samantha Flores.

ASBESTOS UPDATE: Maryland Steps Up Worker Protection Laws
Tim Povtak of The Mesothelioma Center reports that the state of
Maryland established a new standard for worker protection and
asbestos abatement, promising stiffer fines and longer jail
sentences for business owners who violate environmental laws.

In addition to the federal asbestos removal regulations that are
backed by their own penalties, Maryland has added a new asbestos
worker protection law at the state level that should lead to
stronger enforcement and more outreach.

Contractors in Maryland caught violating asbestos laws now can be
fined up to $25,000 -- five times the previous amount -- for each
offense, or up to two years in state prison.

Any fines collected will be paid directly into the Asbestos Worker
Protection Fund.

The new law, which began as House Bill 1262, was hailed by leaders
of the Laborers' International Union of North America (LIUNA),
which has called for other states to follow the lead of Maryland.

"While it has been years since asbestos was used in construction,
many older buildings still contain it.  Asbestos continues to be a
potential threat to anyone who has a job in demolition or
remodeling," said Scott Schneider, a occupation director for the
Laborers Health and Safety Fund of North America.  "My hope is
that other states will pass their own asbestos worker protection

The new law stems from a union report in 2011 that detailed
unregulated asbestos work practices at six different sites that
included non-union contractors and dozens of abatement violations.
It was a year-long compilation of testimonials by workers in the

Companies with union labor had complained that they were losing
jobs to other contractors using non-union labor and not following
proper asbestos regulations, endangering both workers and the
general public.

It also followed testimony at the state capital from various union
leaders and asbestos workers.  The law was co-sponsored by Sen.
Victor R. Ramirez (D-Prince George's County), and Del. Tom Hucker
(D-Montgomery County).

"In an effort to undercut our signatory contractors who adhere to
all federal asbestos abatement regulations -- and in complete
disregard for the health of their own employees -- these
businesses engaged in shoddy and illegal work practices," said
Dennis Martire, LIUNA vice-president.  "With steeper penalties,
this new law levels the playing field and discourages this
despicable behavior."

Asbestos abatement is often an expensive and detailed part of the
demolition or remodeling of older construction.  It involves the
removal, or just the containing, of asbestos.

An exposure to asbestos can cause mesothelioma, an aggressive
cancer, and a variety of other respiratory illnesses.  Asbestos
abatement usually requires special respiratory equipment for
workers and specific procedures to reduce the chance of the fibers
becoming airborne.

It also requires workers to be specially trained.  It requires
oversight by a licensed professional.

ASBESTOS UPDATE: Horsley Begins Abatement at Belle Fourche School
Adam Hurlburt of the Black Hills Pioneer relates Rapid City-based
asbestos, lead and mold abatement contractor Horsley Specialties,
Inc., began the asbestos removal project at Belle Fourche High
School on Monday, June 4.

The Belle Fourche School Board gave the contractor the nod for the
$18,500 job at a regular school board meeting on May 14.  Asbestos
is being removed from the first floor of the building by the gym,
in the locker rooms, the concessions stand and nearby areas.

"The big thing is the boiler," said Greg Boyd, director of
buildings and grounds for the Belle Fourche School District.  "The
boiler has about two inches of asbestos wrapped around it.  We'll
replace it with a fiberglass wrap, blanket insulation.  We won't
redo the piping (insulation) just because of the sheer cost.  And
there's very little insulation left on the piping anyways."

Boyd said the job must be completed by June 30 to allow his crew
to refinish the gym floor in time to have the building open for
the Fourth of July.

The boiler, which has operated decades beyond its recommended
life, is set to be replaced next summer as part of a massive
comprehensive school improvement plan to begin at that time.

"It's as old as me, and I'm breaking down," Boyd joked about the

The school was built in the 1950s.

ASBESTOS UPDATE: NHRC Extends Deadline on Fibro Safeguards Reports
Press Trust of India at IBNLive.in.com reports that except for
Mizoram and Nagaland, none of the states have submitted the
mandatory reports sought by the National Human Rights Commission
(NHRC) on safeguards they have put in place relating to exposure
to asbestos, forcing it to extend the deadline for the second

The Commission has now asked the states and other concerned
authorities to submit the report within six weeks, a release
issued by the NHRC said on June 5.

The NHRC has issued this order on May 21.  "Most of the
authorities in Centre and states/Union Territories have failed to
submit requisite reports to the NHRC on safeguards they have put
in place relating to exposure to asbestos.  Only the states of
Mizoram, Nagaland and the National Institute of Occupational
Health Ahmedabad have submitted the reports," it said.

The NHRC had given six months time for submitting reports and on
March 5 this year, they were given another six weeks' extension
when most of them failed to give the requisite reports.  The
Commission had asked them to share with it the information on the
action taken by them with regard to the Supreme Court judgment on
exposure to asbestos.  The Supreme Court had asked the central and
state governments to review safeguards in relation to primary as
well as secondary exposure to asbestos.  The Commission had taken
cognizance of a complaint in July 2011 alleging that about 50,000
people die every year in the country due to asbestos related
cancer.  The complainant had sought Commission's intervention for
a ban on the use of chrysotile asbestos (white asbestos), which is
hazardous to health of people and causes various incurable

The white asbestos is a fibrous material used for building roofs
and walls, among others.

ASBESTOS UPDATE: House Committee Passes HR 4369 to Congress
John O'Brien of Legal Newsline reports that the House Judiciary
Committee on June 8, passed a bill that would require asbestos
bankruptcy trusts to provide more information on exposure claims
made to them.

The committee rejected two amendments proposed by Democratic
members, then voted 15-14 to send the bill to the full House of
Representatives for consideration.  Discussion of the bill began
on Wednesday, June 6, when committee chairman Lamar Smith, R-
Texas, adjourned the committee after two hours of hearing

House Resolution 4369 would allow defendants in asbestos lawsuits
to seek information on a plaintiff's claims made to asbestos
bankruptcy trusts.  It was introduced by Republicans Ben Quayle of
Arizona and Dennis Ross of Florida and Democrat Jim Matheson of

"The trust funds are being depleted by the filing of fraudulent
claims," Quayle told the committee.

The trust system operates independently of the tort system.  More
than 90 companies have gone through bankruptcy as a result of
asbestos litigation, creating at least 60 trusts.

Those claiming asbestos exposure can submit claims to the trusts
while simultaneously suing solvent companies in civil court.  Some
defendants argue they should be allowed to see the trust claims
made by their accusers.

The committee voted 10-7 against an amendment proposed Wednesday
by Jerrold Nadler, D-N.Y., that would require parties in asbestos
cases that seek trust information to make available public health
and safety information they have upon written request.

The committee then voted 12-11 against an amendment proposed by
Jared Polis, D-Colo., who said the bill as written would unfairly
override state discovery laws.  Quayle responded that the trusts
are a function of federal bankruptcy court.

Quayle also reiterated that the amendment he introduced Wednesday
would require asbestos defendants to pay the costs of discovery.
He also added to the bill privacy standards for individuals who
make claims to the trusts.

After a 13-13 vote on the bill, Smith kept the voting period open.
Two more Republicans and one more Democrat showed up, producing
the 15-14 result.  Mel Watt, D-N.C., said the "rules are being
twisted and turned and used for the benefit of the chairman."

An October report by the Government Accountability Office said the
trusts operate in secrecy and the possibility exists that a
claimant "could file the same medical evidence and altered work
histories with different trusts."

A Delaware judge recently voiced her displeasure with the system
when it was alleged that Texas attorney Brent Coon had submitted
20 claims to trusts on behalf of a Florida woman's estate after he
had referred the case to Florida attorneys who sued, among other,
Foster Wheeler Energy Corp. in Delaware.

The company did not know about the bankruptcy trust claims until
36 hours before a trial was scheduled to begin.

"This is really seriously egregiously bad behavior," New Castle
County Superior Court Judge Peggy Ableman said in a November
hearing.  "This is misrepresenting.  This is trying to defraud.

"I don't like that in this litigation, and it happens a lot.  And
I'm trying to put an end to it.  This is an example of the games
that are played."

In Quayle's opening remarks, he referenced an oft-cited 2007
instance in Ohio, where in Cuyahoga County the California law firm
of Brayton Purcell claimed the late Harry Kanania died in 2000 of
mesothelioma solely from smoking cigarettes made by Lorillard
Tobacco, while simultaneously seeking compensation from multiple
asbestos trusts, claiming their products led to Kanania's fatal
lung condition.

And on Monday, Garlock Sealing Technologies accused a Houston law
firm of creating a different story for its client's exposure
history in the trust system than the one it put forward in the
civil lawsuit against it.

The U.S. Chamber Institute for Legal Reform supports the bill.
Legal Newsline is owned by the ILR.

ASBESTOS UPDATE: Watchdog Says Transparency Not Goal of FACT Act
On June 6, the U.S. House Judiciary Committee was scheduled to
consider H.R. 4369.  The Center for Justice & Democracy sent a
letter to the Committee.  Charles Siegel at the firm Waters Kraus
Paul also was slated to provide testimony.

CJ&D's Letter to Congress on Asbestos Bill:

The Honorable Lamar Smith, Chairman
The Honorable John Conyers, Ranking Member
U.S. House Judiciary Committee
Washington, DC 20515

Dear Chairman Smith and Ranking Member Conyers:

We are writing to express our strong opposition to H.R. 4369, the
Furthering Asbestos Claim Transparency Act of 2012 (the FACT Act),
a bill that is deeply unfair to seriously ill victims of asbestos-
induced diseases.

Millions of asbestos victims and their families have already
suffered tremendous hardships caused by their diseases.  This is
due in large part to a decades-long cover-up by companies, which
deliberately hid the material's poisonous properties and then
forced victims, with whom they did settle cases, into silence.

This legislation will substantially add to their hardships by
placing time-consuming, victim-related reporting requirements on
asbestos trusts, unfairly dragging out the claims process and
hampering the trusts' ability to pay claims expeditiously.  Such
delays will have a particularly severe impact on mesothelioma
patients who rarely live beyond 18 months from diagnosis and often
die much sooner.

These trusts are already so underfunded that victims today receive
only a small percentage of the compensation due them.  By forcing
trusts to spend precious time and resources on new reports and
paperwork, victims' recoveries will likely drop even more.

At the same time, the legislation does nothing to prevent
defendants in tort suits from continuing to demand confidentiality
from victims on their terms, a practice in which they have engaged
for as long as they have been settling cases.  Transparency is
clearly not the goal of this legislation.  It is about delaying
claims payments for as long as possible.

We strongly urge you to oppose this misguided legislation, which
utterly fails victims of asbestos exposure and, in so doing,
betrays the fundamental principles of fairness, justice and
accountability on which this country was founded.

Very sincerely,

Joanne Doroshow
Executive Director

ASBESTOS UPDATE: Castle Hill Residents Alerted on Fibro From Blaze
Haverhill News online reports that asbestos is being cleared from
the site of a disused school which was destroyed by fire on Sunday
night (June 3).

More than 50 fire fighters tacked the fierce blaze at the former
Castle Hill Middle School in Haverhill, which closed last July.

Near neighbors are being told not to touch any debris from the
fire which lands in their gardens, but to contact the fire service
to have it removed.

Suffolk's Assistant Chief Fire Officer Phil Embury said:
"Thankfully, there was nobody in the building but the building
itself has been completely destroyed.

"There was a small amount of low grade asbestos in the building.
As a result of the fire some of this has been spread across the
school field.  Specialist contractors are on site carrying out an
appropriate clear up operation.

"Although unlikely, if residents are concerned about any debris
that has appeared in their garden as a result of the fire they
should not touch it and call 01473 433444 to arrange for it to be

"Due to the weather conditions the spread of any asbestos dust
outside the immediate school building area would have been

"We have consulted with the Health Protection Agency and on the
information provided to them they are content that there is
minimal risk to local residents.

"I would urge members of the public to stay away from the site --
it is unsafe and anyone entering the site is putting themselves at

"If anyone sees anything suspicious at the Castle Hill site or any
other site in the area they should contact the police

ASBESTOS UPDATE: AEI Owner, Partner Face 18 Counts of Violations
Mark Hall of The Mesothelioma Center reports that statements made
by asbestos abatement company owner Julie Rosati nearly two years
ago are coming back to haunt her legal defense, as charges of
asbestos violations mount.

According to police, the owner of AEI Environmental admitted in
September 2010 that she knew her company was improperly handling

Prosecutors are using Rosati's own statements to charge her with
more than a dozen crimes, including falsifying paperwork and
illegal storing asbestos, among others.

Now the business owner is asking the judge to bar prosecutors from
using the incriminating statements, claiming the statements to
police weren't accurate.

Rosati, 51, along with her business partner and boyfriend, David
Harder, Jr., 47, are charged with 12 counts of violating the
Massachusetts Clean Air Act, two counts of violating the
Massachusetts Solid Waste Act and four counts of evasion of
unemployment insurance.

The pair is also being charged with filing false statements for
the protection of the environment, not having the proper licenses
and failing to notify the Massachusetts Department of
Environmental Protection about their company.

Many of the laws violated by Rosati and Harder were established to
prevent asbestos exposure and the diseases that exposure causes,
including mesothelioma, lung cancer, pleural plaques, asbestosis
and other respiratory conditions.

                        Sequence of Events

On the morning of Sept. 9, 2010, Massachusetts Environmental
Crimes Strike Force investigators searched through two storage
units where AEI Environmental illegally stored toxic waste and
found hundreds of asbestos-filled bags.

The company was hired to remove asbestos from Marblehead's Village
School, the old Mayflower Hotel in Beverly and the Lynn public

Instead of disposing of the asbestos properly, the couple decided
to illegally store it at Simply Self Storage.

Environmental Police said Rosati gave a statement that she knew it
was not the appropriate way to store asbestos and that the company
didn't have money to pay for proper disposal.

Rosati is arguing that she made such claims during a time of
distress.  She claims she was distraught from the idea of police
rummaging through the belongings of her late mother at the time.
Rosati took the stand and claimed that the incriminating
statements were inaccurate.

"No, I didn't tell her there was asbestos in the storage locker,"
she said in court.

Rosati and Harder were arraigned in Essex Superior Court on
March 18 and each entered a not-guilty plea.

The two are due in court for a pre-trial conference on June 16,
when the company is also expected to be arraigned.

          Dangers of Improper Handling of Asbestos

Even if done unintentionally, Rosati and Harder's crimes
endangered more than just their freedom.

Storing asbestos in lockers and storage facilities doesn't
eliminate the threat that the substance poses to nearby residents,
business occupants or pedestrians.

When inhaled, asbestos fibers get lodged in the lungs or lining of
the lungs and gradually scars organ tissue, eventually causing
cancer.  It can take up to 50 years for the cancerous cells to
fully manifest within the human body.

Asbestos does not become hazardous until its fibers are disturbed,
which is what occurs when asbestos-containing products are being
removed by abatement companies.

Friable asbestos is the most dangerous form because it can quickly
become airborne through minimal weathering, normal deterioration
or minimal damage.  Non-friable asbestos, on the other hand,
cannot be crumbled easily and poses less of a threat.

Through the actions of abatement companies, any asbestos-
containing material can potentially become dangerous.

ASBESTOS UPDATE: ACT Pushes $100MM Cleanup Tab to Commonwealth
Louise Willis of ABC News reports that the ACT Government is
considering suing the Federal Government over the cost of cleaning
up asbestos.

Chief Minister Katy Gallagher says she has unsuccessfully tried to
talk the Commonwealth into contributing to the clean-up costs from
when it dumped thousands of tons of contaminated soil in south-
west Canberra before ACT self-government.

She says the ACT has spent about $30 million cleaning up and
redesigning the North Weston ponds site in the new Molonglo

"We've removed about 180,000 tons of asbestos.  Some of the
remaining contaminated waste will be capped in the new design, and
the two ponds will be built either side of the sewer line," she

Ms. Gallagher says there are other asbestos contaminated sites
across Canberra including at Eastlake.

There is an estimated 600,000 cubic meters of contaminated waste
at Eastlake which is expected to cost up to $100 million to clean-

"In terms of Eastlake, it's raising questions about exactly what
we do there, whether the cost of actually developing that site
would be outweighed by the cost of actually removing all the
contaminated waste that we know about, let alone the stuff we
don't know about yet," she said.

Ms. Gallagher says she does not think the ACT should back down on
the issue.

"There is an issue of a former government authority that had
responsibility for the city allowing, or not stopping that
practice occurring.  And I don't think the Canberra taxpayer
should pay for the remediation of those sites," she said.

The Federal Government is expected to argue that when the land was
transferred to the ACT, liability was also transferred.

"The Commonwealth aren't accepting responsibility.  We're taking
further legal advice.  We'll keep talking to the Commonwealth.  I
would prefer that this matter doesn't go down legal avenues but if
it has to we will in order to make sure that we get a fair go on
this," Ms. Gallagher said.

"These are significant amounts of money and I don't believe that
Canberrans should foot the bill for it."

The ACT Opposition supports the legal action.

"I think the Commonwealth should be held accountable," said
Opposition Leader Zed Seselja.

But he says the Government's misjudgment about the amount of
material at the site has added to the cleanup bill, and may affect
the bid to force the Commonwealth to pay.

"The problem is they won't be able to sue for most of the costs
because much of the costs around these ponds has come as a result
of this Government's incompetence," he said.

"Unfortunately taxpayers are footing a very large bill as a result
of ACT Labor's incompetence.  If we can get some of that money
back through the Commonwealth, that's a good thing."

Greens MLA Amanda Bresnan agrees Canberrans should not have to
foot the clean-up bill.

"The Greens always believe in the polluter pays principle and in
this instance the Commonwealth is largely responsible for this
asbestos being dumped.  And no record was kept of it so now the
ACT is left covering the cost through no fault of their own," she

"So we very much support what the Government's doing."

ASBESTOS UPDATE: IEPA to Issue Violation Notices Over Open Dump
Sharon Woods Harris of Pekin Daily Times reports that local
residents can rest assured that demolition debris from West Campus
that was dumped on private land was not contaminated with

IEPA Environmental Protection Specialist Alan Grimmett said that
Demolition Excavating Group Inc. (DEG) did obtain all of the
required permits and asbestos testing for the demolition of West
Campus.  He said records show that most of the asbestos was
removed in the 1990s by Pekin District 303, with some exceptions.

Inspections prior to demolition revealed asbestos in the
maintenance building that housed the boilers, the old English
Building and in the oldest structure that is currently the focus
of an effort to save a portion of history.  Grimmett said there is
a lot of asbestos in the oldest structure.

As for the removal of the asbestos from buildings that have
already been demolished, Grimmett said he was present during the
removal on three occasions and the Illinois Department of Public
Health observed on other occasions.  He said the abatement met
IEPA requirements even though there were many complaints called
into the IEPA regarding public concerns.

The oldest building was inspected several years ago by the
Illinois Department of Public Health after a fire in 2005 damaged
the building.  Grimmett said that anyone planning to use the
building in the future will have to do asbestos removal, which he
said will not be cheap.

The inspection report from a March 10 check on the alleged illegal
open dump of materials by DEG from West Campus on private property
is ready and the IEPA is preparing to issue violation notices

IEPA Region Manager John Tripses has 45 days to get the notice to
the parties involved.  He was awaiting a special number assigned
to such notices to continue the notification process.  That number
has now been assigned.

"The inspector found that materials, demolition debris, was openly
dumped on property belonging to . . . (Joyce A.) Hilst," said
Tripses.  "We are requesting that it be removed and disposed of at
an IEPA approved landfill."

Tripses said DEG, of 805 S. Adams St., Manito, dumped debris on
property located east of the Midwest Generation Powerton Station.
The company has been told not to dump any additional debris in
unapproved areas.

An anonymous letter delivered to the Pekin Daily Times says that
some West Campus debris has also been dumped on a property along
the west side of California Road and used for a base for a lane
approximately 300 feet long.  The lane is across the road from a
Coldwell Banker for-sale sign.  Tripses said he has not yet
received a complaint about that and could not confirm it.

DEG must respond to the notice within 45 days after it is
received.  Under Illinois law, demolition debris from any project
must be dumped in permitted landfills unless otherwise approved.
Clean debris, or material free of asbestos, oil products or other
hazardous waste, goes to a clean waste landfill.  Material
contaminated with asbestos and other materials must go to a
hazardous waste site.  There are some exceptions for clean
material to be used as fill.

Hilst's husband, Scott, said last week that he has a copy of a
permit allegedly issued to DEG by the IEPA to dump the West Campus
material on the property.  He refused to show it to the Pekin
Daily Times.

The IEPA received an anonymous tip that the material was being
dumped illegally on the property.  An inspection was performed
May 10.

ASBESTOS UPDATE: Missoula Awarded $679K EPA Brownfields Grant
Rob Chaney of the Missoulian reports that six months ago, winning
an Environmental Protection Agency Brownfields grant to help
remove asbestos from the Missoula County Courthouse seemed a
5-to-1 long shot.

On Wednesday, June 6, the long shot came through, when EPA
Regional Administrator Jim Martin delivered a $279,000 award to
Missoula County Commissioner Bill Carey.

"I often point to Missoula as a community that's figured out how
to leverage these grants into larger projects," Martin said in the
courthouse rotunda.  "We make the strategic investment, and you do
the hard work."

Martin also announced a $400,000 contribution to a Brownfields
Revolving Loan Fund for the city government to clean properties
throughout Missoula.  Those include the Missoula Mercantile in
downtown and the Champion sawmill site on the south bank of the
Clark Fork River.

"You can't over-emphasize the importance of these federal
Brownfields grants," Missoula Redevelopment Agency Director Ellen
Buchanan said.  "Without them, there would be no opportunity to
redevelop the old sawmill district.  They've allowed more historic
renovation of the Mercantile.  They make projects happen that
wouldn't otherwise happen."

The courthouse project involves a basement-to-top floor renovation
of the original and annex portions of county government.  The
four-year, $13 million project will result in new spaces for the
justice and district court rooms, sheriff's staff offices, 9-1-1
dispatch center, public meeting rooms and clerk and recorder

County Chief Administrative Officer Dale Bickell said the federal
money won't pay for any architectural work, but will cover the
removal of asbestos insulation, flooring and other materials that
turn up during construction.

"The original courthouse building predates most of the asbestos
use," Bickell said.  "It's the annex (built in 1963) where we have
issues.  You never know what's in the walls that could be
uncovered by demolition."

The first phase of construction goes to bid June 11.  The
renovation will progress in phases, with offices shifting places
as new spaces become available.

Missoula Office of Planning and Grants brownfields administrator
John Adams applied for a share of the $5.5 million EPA fund in
January.  At the time, he worried Missoula would have a hard time
competing in the nationwide offering, with many larger cities
jockeying for favor.

ASBESTOS UPDATE: Coleg Llandrillo Goes to Safe Mode on Hazmat Find
The North Wales Pioneer reports that asbestos has been discovered
at a college in Rhos on Sea.

Coleg Llandrillo bosses have issued a number of instructions to
staff working in its Cinmel block on its Rhos on Sea campus after
the toxic material was discovered during a routine survey.

Tests have since indicated that there is no safety risk in the
building, which had been cleared of containing asbestos in a
previous report, though a seven-point health and safety guideline
has been issued to increase safety.

Guidelines include ensuring chairs, desks and filing cabinets do
not touch the walls and coats and other articles are not hung on
doors in the block's first floor, with the asbestos expected to be
safely removed over the coming months.

A statement from the College says: "As part of their preparatory
work in refurbishing the Cinmel block on the Rhos-on-Sea site, the
College was advised, as a matter of routine, to survey the
building for asbestos.

"A report from specialist consultants showed that while the
majority of the building is totally asbestos-free, some areas do
contain some traces of asbestos.

"The areas that do contain asbestos are exclusively staff offices
on the upper floor and there are no traces of asbestos in the
nursery area.

"As is commonly known, when asbestos is covered (e.g. by paint)
and remains undisturbed, there is no risk at all to health.

"This situation will be fully resolved, and all asbestos will be
safely removed, over a period of months."

Air quality tests revealed there were no health risks in any areas
of the Cinmel block and the College was working with a specialist
company to develop a short term management plan.

It will also be informing staff how to maintain a "safe and
healthy working environment in the affected areas".

However one staff member, who wished not to be named, remained
concerned at the discovery.

"I don't understand what safe levels there could be for asbestos.
They say it's safe, how can it be safe?

"According to the letter they gave us it isn't, as we can't touch
the walls or doors anymore, I can't even hang my coat up.

ASBESTOS UPDATE: Test Results Confirm Presence of Fibro at Kuranda
Tarina White of The Cairns Post reports that asbestos has been
confirmed at a Kuranda building site that was shut down amid
concerns for the health of 15 trainee tradesmen.

The State Government is considering fining the parties involved.

A Workplace Health and Safety Queensland spokesperson said the
presence of the highly toxic building material at a Kuranda house
was confirmed by testing at a National Association of Testing
Authorities accredited laboratory.

"Workplace Health and Safety Queensland is considering enforcement
action against applicable duty holders as a result of breaches
under the Work Health and Safety Act and Regulation 2011," a
spokesperson said.

Ngoonbi Co-operative Society owns the property, on the corner of
Barang and Thongon streets, while Angus Knight Learning, an
accredited vocational training service, is the primary contractor
for the construction training project on behalf of Jobfind Centres

A WHSQ spokesperson said enforcement could be handed down in the
form a fine, another prohibition notice to further restrict work
at the site or a demand could be made to improve the safety of
work practices.

The site, opposite the town's medical centre and a block from the
tourist precinct, was issued a stop-work notice on June 5 and has
been shut down since.

The co-operative society's executive officer, Lionel Quartermaine,
could not be reached for comment on June 7, but previously said a
qualified builder who had been working with the trainees at the
site was unaware of the potential threat.

Jobfind Centres Australia's general manager of Queensland
operations, Stewart Williams, said the Ngoonbi Co-operative
Society had told them an inspection had been performed on the
house and it had been deemed safe to refurbish.

The Jobfind job seekers, who are working on Certificate II
Construction training, had been relocated to another work site, he

WHSQ continues to monitor the situation.

ASBESTOS UPDATE: Commonwealth Removes Itself From Cleanup Issue
Jacqueline Williams of The Canberra Times reports that the federal
government has refused to accept any responsibility in paying for
the clean-up of asbestos dumped in the territory before self-

The Canberra Times recently revealed that the ACT government was
considering taking legal action against the Commonwealth after it
emerged that the cost of the contamination-plagued North Weston
Ponds project had blown out by another $15 million.

But a spokeswoman for Regional Australia Minister Simon Crean said
the contamination was a matter for developers and the ACT

"The ACT government's concerns appear to arise in the specific
context of land development, but for the land development, the
contamination does not appear to pose a threat," the spokeswoman

"As with any development, the presence of any site contamination
is an issue for commercial consideration between the buyer and the
seller, in this case, the ACT government and any potential

Chief Minister Katy Gallagher has said the federal government had
a moral responsibility to fund the clean-up.

Canberra Liberals leader Zed Seselja said the federal government
should pay its fair share in funding the clean-up of asbestos.
"The Commonwealth does have to take responsibility for putting the
asbestos there in the first place," Mr. Seselja said.

"I think it's legitimate that as ACT taxpayers we seek the
Commonwealth's assistance in cleaning this up.

"If we can get Commonwealth assistance then hopefully we can avoid
massive cost burdens on Canberra families."

Up to 90,000 tons of soil contaminated by asbestos was found in
the North Weston Pond area in 2010.  It was later found that
180,000 tons of asbestos-contaminated soil was also at the site.

Ms. Gallagher wrote to Prime Minister Julia Gillard last year
about the clean-up bill for the North Weston Pond area, part of
the Molonglo Valley.

Ms. Gillard referred the dispute to Mr. Crean.

ASBESTOS UPDATE: Der Spiegel to Feature Reverend's Silent Protests
EMC News relates it's been a locally based protest of a Canadian
government policy.  And while it continues, it is getting
international attention.

It all began as a personal crusade by Rev. Michel Dubord of St.
John's Anglican Church in Richmond, protesting the export of
asbestos from Canada to developing countries.  In April, Rev.
Dubord held weekly one-hour silent protests at Memorial Park in
Richmond, joined by several others as they stood beside a giant
sign objecting to Canada's export of asbestos.

In May, Rev. Dubord brought his weekly one-hour silent protests to
Village Square in Stittsville where the sign was set up to be
viewed by motorists passing by on Stittsville Main Street and on
Abbott Street.  Rev. Dubord and his group of a handful of others
were at the Village Square corner every Wednesday at 5 p.m.
throughout May.

But on Wednesday, May 30, saw an international aspect develop as a
reporter and photographer from Der Spiegel, a German weekly news
magazine which has a circulation of over one million, visited the
group, interviewing Rev. Dubord as the magazine is working on a
story about Canada's export of asbestos.

The reporter is planning a trip to India as well as part of the
story since India is one of the countries to which Canada exports

The German reporter cannot understand why Canada continues to
export asbestos, a cancer causing material, to countries such as
India.  In Germany, asbestos is no longer used, much like in
Canada where asbestos is viewed as a cancer-causing material that
is no longer used.

But federal government policy still allows for asbestos to be
exported to other countries.  It is this export of asbestos that
Rev. Dubord and his supporters in this cause are opposed to.

Rev. Dubord is not giving up his protest.  Indeed, he foresees
continuing with the protests through to the winter and even

He has taken his silent one-hour protest vigils to Kanata.

Rev. Dubord feels that the protests are making a difference, at
least in increasing awareness of the situation and getting
Canadians to ask questions.  He likens the protest to throwing a
pebble into the water and creating ripples.  If the pebble is
never thrown, the ripples will never happen.  So, by having these
protests, he is throwing a pebble into the waters of Canadian
politics.  Where any ripples will lead remains to be seen.

He is frustrated, as indeed the Der Spiegel reported has been, by
the lack of Canadian government response to these concerns.  Even
the Der Spiegel reporter admitted that the Canadian government is
being very silent on the whole issue, not responding to any

Rev. Dubord is hopeful that the Anglican Church of Canada may soon
be issuing a formal proclamation on the issue.  He feels that if
this happens, adherents of other faiths may also take up the
challenge and start asking questions about Canada's policy about
the export of asbestos to developing countries.

Rev. Dubord wants to get a conversation going among the public
about why Canada is pursuing this policy of exporting asbestos, a
known cancer causing material.

In Canada, asbestos use is not banned but because of its known
health risks, Canadians simply do not use it.  But despite the
known health hazards, Canada exports thousands of tons of asbestos
each year to countries like India, Thailand and Indonesia.  Most
of this Canadian asbestos is shopped overseas as loose fiber in
bags.  Workers in these countries then dump these bags of asbestos
by hand, creating clouds of carcinogenic dust swirling around

The main question is that if a protect is considered dangerous for
the Canadian population, why is it not considered dangerous for
those in foreign countries like India.

Past governments have removed asbestos from the Parliament
Buildings at considerable expense because of its hazardous
tendencies.  But the federal government still spends money to
promote Canadian asbestos to overseas nations.

Rev. Dubord notes that exposure to asbestos in the countries to
which Canada is exporting the substance will cause health
problems, perhaps not today but certainly down the road as the
asbestos fibers penetrate the lungs of its handlers and start
causing respiratory and cancer problems and eventually a prolonged

He says that it makes a difference to protest Canada's policy
allow the export of asbestos because it tells those whose health
has been adversely affected that there are people who care.

Chrysotile asbestos is mined in Quebec and exported to developing
countries with the support of the current Canadian government.
Asbestos mining in Quebec represents the world's fourth largest
production of chrysotile asbestos.

This export of asbestos to developing nations is being done
despite the fact that the World Health Organization estimates that
asbestos kills at least 90,000 people a year which is about half
of all occupational cancer deaths.  In Canada, strict occupational
health and safety rules prevent the exposure of Canadian workers
to such materials.  Such rules are not prevalent in developing

Asbestos ends up killing since it sheds tiny dust fibers
continuously.  Once inhaled, these fibers become tangled with lung
tissues where they cause cancer, typically lung cancer, asbestosis
and mesothelioma.  These are killers.

The current Canadian government of the Conservatives supports the
continuing mining and exporting of asbestos in Quebec.  For more
information about the export of asbestos from Canada, go to the
Web site http://www.canadianasbestosexports.ca

ASBESTOS UPDATE: Loose Fibro Strewn on Streets of Inchinnan
The Gazette at the-gazette.co.uk reports that fly-tippers who
dumped deadly asbestos sheets on the streets of Inchinnan have
been slated as "idiots" for putting lives at risk.

Anxious householders at Allands Avenue reported the abandonment of
large sheets of asbestos amid health fears for the area's

Homeowners registered two complaints involving sheets of the toxic
material with Erskine and Inchinnan Councilor Sam Mullin.

The asbestos, which is believed to have been stripped from a
garage roof, was dumped between private lock-ups in the area
frequented with children and local families.

Mr. Mullin who branded the behavior both "irresponsible" and
"dangerous" is urging residents to be on the lookout for the

Renfrewshire Council cleansing teams have removed the dangerous
substance -- classed as "special waste."  Asbestos removal has to
be handled by professionals due to effects of coming into contact
with it.

Mr. Mullin said: "I can't quite believe that some people would
have the gall to dump asbestos in a residential area like that.

"I suspect it's probably the additional cost of getting someone
out to go through the procedure of removing it properly is what is
making them take it out and dump it.

"It does not give them the right to do this and put people at risk
like that."

Asbestos was widely used in insulation for roofing and pipes as
well as in fire resistant material.

However, it was discovered small fibers which became disturbed
when the material is touched trigger a host of potentially fatal

Building with asbestos is now banned across Europe - and anyone
caught illegally dumping it faces a fine of up to GBP10,000.

A Renfrewshire Council spokesman said: "Clearly there are
established procedures for safely disposing of asbestos and we
vigorously pursue those who dump the material illegally.

"In these cases, we will arrange the removal of the asbestos from
where it is dumped.

"We'd urge anyone who has information on illegal dumping to come
forward and report that to us."

Anyone with any information can contact Renfrew Police Office on
0141 532 6100 or Crimestoppers on 0800 555 111.

ASBESTOS UPDATE: No Takers for Belmonte Tile Abatement Tab
Matt Tempesta of The Daily Item reports that the Saugus Finance
Committee recommended that Town Meeting refer a pair of articles
requesting additional money for the Belmonte Middle School repair
project back to the Belmonte Building Committee after a heated
debate over project costs.

Article 37 seeks additional money for asbestos tile abatement
while article 38 seeks additional money for project alternates.

Finance Committee Vice-chairman Kenneth DePatto said the committee
was under the impression that the asbestos tiles would be replaced
as part of the project.

"That should have been the number one priority," said DePatto.
"I'm very disappointed in this and I was a big supporter."

Finance Committee Chairman Robert Palleschi said he felt the
committee was misled on project costs and had some "very serious

"I don't know that we've been told the whole truth," said
Palleschi.  "Somebody didn't tell us what they should have a long
time ago.  Somebody missed the ball.  My feeling is you should
find the money in the budget to cover this."

School Committee Chairman Wendy Reed said asbestos tile abatement
was never part of the original scope because it's not reimbursable
by the Massachusetts School Building Authority, which is paying
for 53% of the $18.9 million project.

"It was known," said Reed.  "It was said at every presentation.
We didn't intend to rip up the tiles at all."

After a September meeting, asbestos removal was listed as the
first alternate to be completed if additional funds became
available.  However, at a meeting on March 19, the Building
Committee voted to remove that aspect altogether in order to seek
separate funding from the town.

School Committee member Arthur Grabowski said he was upset that
Finance Committee members were raising concerns without having
attended building committee meetings in two years.  However, he
acknowledged that strict guidelines imposed by the MSBA may have
caused some confusion with the project.

"Maybe we didn't have the full understanding of the constraints
MSBA put on this project," said Grabowski.  "These are their
rules.  The MSBA does not allow you to change the contract that
was signed.  Maybe we were a little naive going in."

Finance Committee member Theresa Katsos said it was
"incomprehensible" that the town couldn't spend its own money on
asbestos, noting borrowing money now will cost more due to Saugus
having its bond rating dropped last month.

Reed acknowledged that the articles probably wouldn't be approved,
but said it will get the word out about what was left out of the

ASBESTOS UPDATE: Osaka Records First Resident to Get Mesothelioma
The Mainichi reports that a man who once lived near an asbestos
factory in Osaka's Nishinari Ward has developed an asbestos-
related cancer, it has been learned.

The man, who is in his 70s, lived close to a factory run by the
former Osaka Packing Seizojo (now Japan Insulation Co.).  He was
diagnosed last year with mesothelioma, a cancer of the membrane
lining the lungs and abdomen.

It is the first time a local Osaka resident has been found to have
contracted an illness caused by asbestos contamination.  The
company has admitted that its operations could have affected the
health of nearby residents, and will cover health checkup costs
for anyone who lived near the factory before it moved to Mizuho,
Gifu Prefecture, in 1964.

The Nishinari Ward factory produced asbestos insulation and
fabric, among other products, and the man -- who was an office
worker -- lived in the factory's vicinity until it moved away.

When he was diagnosed with mesothelioma last year, the man had no
idea what could have caused the illness.  His family, however,
noticed the former factory's name on a list released by the
Ministry of Health, Labor and Welfare last autumn of businesses
with connections to asbestos.  The man requested in March this
year that the company "implement measures for people who get

Japan Insulation, meanwhile, has told the Mainichi that the man's
illness is "very regrettable," and that it will cover the costs of
all physical exams he applied for.  However, the firm also stated
that "no one knew that asbestos was dangerous at the time (when
the factory was operating), and therefore Japan Insulation has no
legal responsibility for the man's condition."

One former employee at the Nishinari plant has already died of
mesothelioma, while a total of 10 workers at the Osaka and newer
Gifu factories with mesothelioma or lung cancer have had their
illnesses certified as work-related.

ASBESTOS UPDATE: Canada Does Not Record Abatement of Buildings
According to a list recently compiled by the Public Works and
Government Services Canada, the Canadian federal government owns
318 building that are known to contain asbestos.  Yet despite this
high number, the government has not been actively tracking
projects to remove asbestos from these buildings.

This list is not comprehensive and does not contain any buildings
which are owned by departments outside of Public Works, including
many used to house foreign diplomats living in Canada.

The Canadian government claims it has not recorded asbestos
removal projects because the asbestos is only removed when
buildings undergo maintenance or renovations, which result in
"unavoidable disturbance" of the substance.

In recent years, the Canadian government has spent millions of
dollars removing asbestos from various buildings, and yet still
does not have any "national inventory of buildings containing
hazardous material in Canada," according to the Public Works

Asbestos, a naturally occurring mineral, was commonly used in
construction and manufacturing between 1935 and the 1970s, before
the full extent of its damaging health effects were understood.

Asbestos becomes dangerous after building materials begin to break
down, and the asbestos fibers become airborne.  Inhalation of
asbestos fibers can lead to the development of respiratory
cancers, such as lung cancer and mesothelioma.  Symptoms may take
up to fifty years to present themselves after the initial exposure
to asbestos fibers.

Canada has been and continues to be one of the largest producers
and exporters of asbestos in the world.

"EMSL laboratories have been performing analysis on suspected
asbestos presence since 1981," says Ed Cahill, Vice President of
EMSL's Asbestos Division.  "Each of our 30 locations in Canada and
the United States is equipped and accredited to test for the
presence of asbestos in the air, soil, water, or bulk building

For more information regarding EMSL's asbestos services, please
call 800-220-3675 or visit http://www.EMSL.com/

                   About EMSL Analytical, Inc.

EMSL Analytical is a full service testing company providing
quality lab services under the same private ownership since 1981.
Including the corporate lab facility in Cinnaminson, NJ, EMSL
Analytical operates over thirty laboratories nationwide in the US
and Canada.  The company has an extensive list of accreditations
from leading organizations, as well as state and federal
regulating bodies.

ASBESTOS UPDATE: Weitz & Luxenberg Wins Payment for 2 Meso Suits
Weitz & Luxenberg, P.C., announced successful settlements in the
lawsuits of two clients who alleged that a lifetime of working
with asbestos led to their developing mesothelioma, a rare cancer
that attacks the lining of the lungs.

The settlement, consisting of an undisclosed payment said by the
firm to be "substantial," will benefit the families of Weitz &
Luxenberg's clients (Index # 116797-07, # 108982-02, Sup. Ct. NY).

Weitz & Luxenberg said the settlement came some time after both
plaintiffs had already succumbed to lung cancer, with one man
showing signs of pleural mesothelioma, a form of cancer closely
associated with occupational inhalation of asbestos.

The two men, both longtime sheet metal workers, were also Navy
veterans.  Daniel Blouin -- dblouin@seyfarth.com -- lead attorney
on the cases, said that his firm has a rich tradition of assisting
military veterans, but that these clients' cases had proven

"Weitz & Luxenberg is able to provide such good representation to
clients who were exposed to asbestos because we are among the best
at identifying the compromised sites where they lived or worked.
People who served in the Navy were often exposed to asbestos on
certain ships or bases, but our clients had no fellow service
people who could verify that.

"Our clients, however, also worked at construction sites, and we
were eventually able to locate several coworkers who testified to
our clients' presence near people working with asbestos-insulated
valves, boilers and gaskets, among other products.  They would cut
these products and scrape off debris with wire brushes, which,
according to the coworkers' testimony, would send clouds of
asbestos into the air.  A chain of exposure like this makes for a
very strong case."

The men's cases settled in the final days of five-week trial,
according to Blouin and co-counsel Matthew MacIntyre --
mmacintyre@weitzlux.com.  The lone holdout defendant agreed to
terms as a jury verdict approached.

The evidence included testimony from the men's wives and a two-day
cross-examination of a corporate officer.

Blouin, who works at Weitz & Luxenberg's New York office in the
asbestos litigation unit, said that the men's cases meant
something to him personally.  "I am proud to help these families
achieve some measure of relief.  It means a great deal to me
personally, with my father having been a sheet metal worker too."

"Protecting men and women who work in industrial settings should
be the number one priority, but for those who have already been
injured or exposed to asbestos, Weitz & Luxenberg can often help,
and that means as much to me as to anyone."

ASBESTOS UPDATE: Noble Corp. Has 24 Pending PI Lawsuits
Noble Corporation in its Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarterly period ended March 31,
2012, continues to defend 24 asbestos-related lawsuits.

The Company states: "We are from time to time a party to various
lawsuits that are incidental to our operations in which the
claimants seek an unspecified amount of monetary damages for
personal injury, including injuries purportedly resulting from
exposure to asbestos on drilling rigs and associated facilities.
At March 31, 2012, there were 24 asbestos related lawsuits in
which we are one of many defendants. These lawsuits have been
filed in the United States in the states of Louisiana, Mississippi
and Texas. We intend to vigorously defend against the litigation.
We do not believe the ultimate resolution of these matters will
have a material adverse effect on our financial position, results
of operations or cash flows."

Noble Corporation is an offshore drilling contractor for the oil
and gas industry. The Company performs contract drilling services
with its fleet of 79 mobile offshore drilling units and one
floating production storage and offloading unit (FPSO) located

ASBESTOS UPDATE: MRC Global Still Faces 1,011 Claims at March 31
MRC Global Inc. in its Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarterly period ended March 31,
2012, disclosed it continues to defend 1,011 asbestos-related

The Company states: "We are involved in various legal proceedings
and claims, both as a plaintiff and a defendant, which arise in
the ordinary course of business. These legal proceedings include
claims that individuals brought against a large number of
defendant entities, including us, seeking damages for injuries
that certain products containing asbestos allegedly caused. As of
March 31, 2012, we are a defendant in lawsuits involving
approximately 1,011 of these claims. Each claim involves
allegations of exposure to asbestos-containing materials by an
individual or his or her family members. The complaints typically
name many defendants. In a majority of these lawsuits, little or
no information is known regarding the nature of the plaintiff's
alleged injuries or their connection with products that we
distributed. Through March 31, 2012, lawsuits involving 11,874
claims have been brought against us. No asbestos lawsuit has
resulted in a judgment against us to date, with the majority being
settled, dismissed or otherwise resolved.

"Our annual assessment, dated September 30, 2011, projected that
our payments to asbestos claimants over the next 15 years are
estimated to range from $5 million to $11 million."

MRC Global Inc. is a holding company headquartered in Houston,
Texas. It is a majority owned subsidiary of PVF Holdings LLC. Its
wholly owned subsidiaries, McJunkin Red Man Corporation and its
subsidiaries, are global distributors of pipe, valves, fittings
("PVF") and related products and services across each of the
upstream (exploration, production and extraction of underground
oil and gas), midstream (gathering and transmission of oil and
gas, gas utilities, and the storage and distribution of oil and
gas) and downstream (crude oil refining, petrochemical processing
and general industrials) markets.

ASBESTOS UPDATE: Cabot Corp. Continues to Face Exposure Claims
Cabot Corporation in its Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarterly period ended March 31,
2012, disclosed it continues to defend various asbestos-related

The Company states: "We have exposure in connection with a safety
respiratory products business that a subsidiary acquired from
American Optical Corporation ("AO") in an April 1990 asset
purchase transaction. The subsidiary manufactured respirators
under the AO brand and disposed of that business in July 1995. In
connection with its acquisition of the business, the subsidiary
agreed, in certain circumstances, to assume a portion of AO's
liabilities, including costs of legal fees together with amounts
paid in settlements and judgments, allocable to AO respiratory
products used prior to the 1990 purchase by the Cabot subsidiary.
Our respirator liabilities involve claims for personal injury,
including asbestosis, silicosis and coal worker's pneumoconiosis,
allegedly resulting from the use of respirators that are claimed
to have been negligently designed or labeled.

"As of both March 31, 2012 and September 30, 2011, there were
approximately 42,000 claimants in pending cases asserting claims
against AO in connection with respiratory products. We have a
reserve to cover our expected share of liability for existing and
future respirator liability claims. The book value of the reserve
is being accreted up to the undiscounted liability through
interest expense over the expected cash flow period, which is
through 2062. At March 31, 2012 and September 30, 2011, the
reserve was $10 million and $11 million, respectively, on a
discounted basis ($15 million and $16 million on an undiscounted
basis at March 31, 2012 and September 30, 2011, respectively).
Cash payments related to this liability were $1 million and $3
million in the first six months of fiscal 2012 and 2011,

"We have various other lawsuits, claims and contingent liabilities
arising in the ordinary course of our business. These include a
number of claims asserting premises liability for asbestos
exposure and claims in respect of our divested businesses. In our
opinion, although final disposition of some or all of these other
suits and claims may impact our financial statements in a
particular period, they should not, in the aggregate, have a
material adverse effect on our financial position."

Cabot Corporation is a global specialty chemicals and performance
materials company. The Company's principal products are rubber and
specialty grade carbon blacks, fumed metal oxides, inkjet
colorants, aerogels and cesium formate drilling fluids. Cabot and
its affiliates have manufacturing facilities and operations in the
United States and approximately 20 other countries.

ASBESTOS UPDATE: Tenneco Inc. Still Defending Exposure Claims
Tenneco Inc. in its Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarterly period ended March 31, 2012,
disclosed it continues to defend asbestos-related claims.

The Company states: "We are subject to lawsuits initiated by a
significant number of claimants alleging health problems as a
result of exposure to asbestos. In the early 2000's we were named
in nearly 20,000 complaints, most of which were filed in
Mississippi state court and the vast majority of which made no
allegations of exposure to asbestos from our product categories.
Most of these claims have been dismissed and our current docket of
active and inactive cases is less than 500 cases nationwide. A
small number of claims have been asserted by railroad workers
alleging exposure to asbestos products in railroad cars
manufactured by The Pullman Company, one of our subsidiaries. The
balance of the claims is related to alleged exposure to asbestos
in our automotive products. Only a small percentage of the
claimants allege that they were automobile mechanics and a
significant number appear to involve workers in other industries
or otherwise do not include sufficient information to determine
whether there is any basis for a claim against us. We believe,
based on scientific and other evidence, it is unlikely that
mechanics were exposed to asbestos by our former products and
that, in any event, they would not be at increased risk of
asbestos-related disease based on their work with these products.
Further, many of these cases involve numerous defendants, with the
number in some cases exceeding 100 defendants from a variety of
industries. Additionally, the plaintiffs either do not specify
any, or specify the jurisdictional minimum, dollar amount for

"As major asbestos manufacturers and/or users continue to go out
of business or file for bankruptcy, we may experience an increased
number of these claims. We vigorously defend ourselves against
these claims as part of our ordinary course of business. In future
periods, we could be subject to charges to earnings if any of
these matters are resolved unfavorably to us. To date, with
respect to claims that have proceeded sufficiently through the
judicial process, we have regularly achieved favorable
resolutions. Accordingly, we presently believe that these
asbestos-related claims will not have a material adverse impact on
our future consolidated financial condition, results of operations
or cash flows."

Tenneco Inc. is a producer of emission control and ride control
products and systems for light, commercial and specialty vehicle
applications. The Company serves both original equipment vehicle
manufacturers (OEMs) and the repair and replacement markets, or
aftermarket, worldwide. Tenneco designs, manufactures and sells
emission control and ride control systems and products for light,
commercial and specialty vehicle applications.

ASBESTOS UPDATE: MetLife Unit Got 1,214 New Claims in 1st Quarter
MetLife, Inc., in its Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarterly period ended March 31,
2012, disclosed its wholly owned subsidiary Metropolitan Life
Insurance Company ("MLIC") remains a defendant in a large number
of asbestos-related suits filed primarily in state courts.

The Company states: "These suits principally allege that the
plaintiff or plaintiffs suffered personal injury resulting from
exposure to asbestos and seek both actual and punitive damages.
MLIC has never engaged in the business of manufacturing,
producing, distributing or selling asbestos or asbestos-containing
products nor has MLIC issued liability or workers' compensation
insurance to companies in the business of manufacturing,
producing, distributing or selling asbestos or asbestos-containing
products. The lawsuits principally have focused on allegations
with respect to certain research, publication and other activities
of one or more of MLIC's employees during the period from the
1920's through approximately the 1950's and allege that MLIC
learned or should have learned of certain health risks posed by
asbestos and, among other things, improperly publicized or failed
to disclose those health risks. MLIC believes that it should not
have legal liability in these cases. The outcome of most asbestos
litigation matters, however, is uncertain and can be impacted by
numerous variables, including differences in legal rulings in
various jurisdictions, the nature of the alleged injury and
factors unrelated to the ultimate legal merit of the claims
asserted against MLIC. MLIC employs a number of resolution
strategies to manage its asbestos loss exposure, including seeking
resolution of pending litigation by judicial rulings and settling
individual or groups of claims or lawsuits under appropriate

"Claims asserted against MLIC have included negligence,
intentional tort and conspiracy concerning the health risks
associated with asbestos. MLIC's defenses (beyond denial of
certain factual allegations) include that: (i) MLIC owed no duty
to the plaintiffs -- it had no special relationship with the
plaintiffs and did not manufacture, produce, distribute or sell
the asbestos products that allegedly injured plaintiffs; (ii)
plaintiffs did not rely on any actions of MLIC; (iii) MLIC's
conduct was not the cause of the plaintiffs' injuries; (iv)
plaintiffs' exposure occurred after the dangers of asbestos were
known; and (v) the applicable time with respect to filing suit has
expired. During the course of the litigation, certain trial courts
have granted motions dismissing claims against MLIC, while other
trial courts have denied MLIC's motions to dismiss. There can be
no assurance that MLIC will receive favorable decisions on motions
in the future. While most cases brought to date have settled, MLIC
intends to continue to defend aggressively against claims based on
asbestos exposure, including defending claims at trials.

"As reported in the 2011 Annual Report, MLIC received
approximately 4,972 asbestos-related claims in 2011. During the
three months ended March 31, 2012 and 2011, MLIC received
approximately 1,214 and 1,123 new asbestos-related claims,
respectively. The number of asbestos cases that may be brought,
the aggregate amount of any liability that MLIC may incur, and the
total amount paid in settlements in any given year are uncertain
and may vary significantly from year to year."

MetLife, Inc., and its subsidiaries and affiliates are providers
of insurance, annuities and employee benefit programs throughout
the United States, Japan, Latin America, Asia, Europe, the Middle
East and Africa. Through its subsidiaries and affiliates, MetLife
offers life insurance, annuities, property & casualty insurance,
and other financial services to individuals, as well as group
insurance and retirement & savings products and services to
corporations and other institutions.

ASBESTOS UPDATE: Colfax Corp. Had 23,916 Unresolved Claims in 1Q
Colfax Corporation in its Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 30, 2012, disclosed it had 23,916 unresolved asbestos-
related claims in the first quarter.

The Company states: "Claims activity since December 31 related to
asbestos claims of our fluid-handling subsidiaries is:

                                          Three Months Ended
                                        March 30,     April 1,
                                        2012          2011
                                          (Number of claims)
Claims unresolved, beginning of period    23,682       24,764
Claims filed                               1,001          926
Claims resolved                             (767)      (3,916)
Claims unresolved, end of period          23,916       21,774

The Company's Condensed Consolidated Balance Sheets included these
amounts related to asbestos-related litigation:

                                        March 30,   December 31,
                                        2012          2011
                                             (In thousands)
Current asbestos insurance asset         $43,452      $43,452
Current asbestos insurance receivable     37,224       33,696
Long-term asbestos insurance asset       322,774      326,838
Long-term asbestos insurance receivable   14,034       14,034
Accrued asbestos liability                48,700       48,700
Long-term asbestos liability             378,163      382,394

"In addition to the asbestos litigation of our fluid-handling
subsidiaries, certain subsidiaries acquired in conjunction with
the Charter Acquisition have been named as defendants in asbestos
related actions in the U.S. These lawsuits have alleged that the
defendants were liable for acts of a former affiliate. The
defendants have contested these actions and, in most cases, have
obtained dismissals. The Company expects to continue to defend
successfully the actions brought against them.

"Additionally, another subsidiary acquired in conjunction with the
Charter Acquisition has been named as a defendant in a number of
lawsuits in state and federal courts in the U.S. alleging personal
injures from exposure to manganese in the fumes of welding
consumables. This subsidiary, along with other co-defendants,
entered into an agreement with plaintiffs' counsel that provides
for the dismissal with prejudice of substantially all of the
pending manganese claims provided certain conditions precedent are

"Management's analyses are based on currently known facts and a
number of assumptions. However, projecting future events, such as
new claims to be filed each year, the average cost of resolving
each claim, coverage issues among layers of insurers, the method
in which losses will be allocated to the various insurance
policies, interpretation of the effect on coverage of various
policy terms and limits and their interrelationships, the
continuing solvency of various insurance companies, the amount of
remaining insurance available, as well as the numerous
uncertainties inherent in asbestos litigation could cause the
actual liabilities and insurance recoveries to be higher or lower
than those projected or recorded which could materially affect the
Company's financial condition, results of operations or cash flow.

"The Company is also involved in various other pending legal
proceedings arising out of the ordinary course of the Company's
business. None of these legal proceedings are expected to have a
material adverse effect on the financial condition, results of
operations or cash flow of the Company. Management of the Company
believes that it will either prevail, has adequate insurance
coverage or has established appropriate reserves to cover
potential liabilities. Any costs that management estimates may be
paid related to these proceedings or claims are accrued when the
liability is considered probable and the amount can be reasonably
estimated. There can be no assurance, however, as to the ultimate
outcome of any of these matters, and if all or substantially all
of these legal proceedings were to be determined adverse to the
Company, there could be a material adverse effect on the financial
condition, results of operations or cash flow of the Company."

Colfax Corporation is a diversified global industrial
manufacturing and engineering company that provides gas- and
fluid-handling and fabrication technology products and services to
customers around the world under the Howden, ESAB and Colfax Fluid
Handling brand names. With the closing of the acquisition of
Charter International plc ("Charter") by Colfax (the "Charter
Acquisition") during the three months ended March 30, 2012, Colfax
has transformed from a fluid-handling business into a multi-
platform enterprise with a global footprint.

ASBESTOS UPDATE: TMS International Still Faces Exposure Claims
TMS International Corp. in its Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2012, discloses it remains a defendant in certain
asbestos-related claims.

The Company states: "Two non-operating subsidiaries of a
predecessor company, along with a landfill and waste management
business, were spun-off to our former stockholders in October
2002. The two former subsidiaries were subject to asbestos related
personal injury claims. We believe that the Company has no
obligation for asbestos related claims regarding the spun-off
subsidiaries. In addition, the Company has been named as a
defendant in certain asbestos-related claims relating to lines of
business that were discontinued over 20 years ago. We believe that
the Company is sufficiently protected by insurance with respect to
these asbestos-related claims related to these former lines of
business, and we do not believe that the ultimate outcome will
have a material adverse effect on the Company's financial
position, results of operations or cash flows."

TMS International Corp. through its subsidiaries is the largest
provider of outsourced industrial services to steel mills in North
America with a substantial international presence. The Company
operates at 82 customer sites in eleven countries and has a raw
materials procurement network that extends to five continents.

ASBESTOS UPDATE: Tyco Flow Had 1,500 Suits Pending at Dec. 30
Tyco Flow Control International Ltd. in its Form S-1 filing with
the U.S. Securities and Exchange Commission disclosed that as of
December 30, 2011, there were approximately 1,500 asbestos-related
lawsuits pending against it and its subsidiaries.

The Company and certain of its subsidiaries along with numerous
other companies are named as defendants in personal injury
lawsuits based on alleged exposure to asbestos-containing
materials. These cases typically involve product liability claims
based primarily on allegations of manufacture, sale or
distribution of industrial products that either contained asbestos
or were attached to or used with asbestos-containing components
manufactured by third-parties. Each case typically names between
dozens to hundreds of corporate defendants. While the Company has
observed an increase in the number of these lawsuits over the past
several years, including lawsuits by plaintiffs with mesothelioma-
related claims, a large percentage of these suits have not
presented viable legal claims and, as a result, have been
dismissed by the courts. The Company's strategy has been, and
continues to be, to mount a vigorous defense aimed at having
unsubstantiated suits dismissed, and, where appropriate, settling
suits before trial. Although a large percentage of litigated suits
have been dismissed, the Company cannot predict the extent to
which it will be successful in resolving lawsuits in the future.

As of December 30, 2011, there were approximately 1,500 lawsuits
pending against the Company, its subsidiaries or entities for
which the Company had assumed responsibility. Each lawsuit
typically includes several claims, and the Company has
approximately 2,200 claims outstanding as of December 30, 2011.
This amount is not adjusted for claims that are not actively being
prosecuted, identified incorrect defendants, or duplicated other
actions, which would ultimately reflect the Company's current
estimate of the number of viable claims made against it, its
affiliates, or entities for which it has assumed responsibility in
connection with acquisitions or divestitures.

Annually, the Company performs an analysis with the assistance of
outside counsel and other experts to update its estimated
asbestos-related assets and liabilities. Due to a high degree of
uncertainty regarding the pattern and length of time over which
claims will be made and then settled or litigated, the Company
uses multiple estimation methodologies based on varying scenarios
of potential outcomes to estimate the range of loss. The Company's
estimate of the liability and corresponding insurance recovery for
pending and future claims and defense costs is predominantly based
on claim experience over the past five years, and a projection
which covers claims expected to be filed, including related
defense costs, over the next seven years on an undiscounted basis.

The Company has concluded that estimating the liability beyond the
seven year period will not provide a reasonable estimate, as these
uncertainties increase significantly as the projection period
lengthens. The Company's estimate of asbestos-related insurance
recoveries represents estimated amounts due to the Company for
previously paid and settled claims and the probable reimbursements
relating to its estimated liability for pending and future claims.
In determining the amount of insurance recoverable, the Company
considers a number of factors, including available insurance,
allocation methodologies, solvency and creditworthiness of the
insurers. On a quarterly basis, the Company re-evaluates the
assumptions used to perform the annual analysis and records an
expense as necessary to reflect changes in its estimated liability
and related insurance asset.

As of December 30, 2011, the Company's estimated net liability of
less than $1 million was recorded within the Company's Combined
Balance Sheet as a liability for pending and future claims and
related defense costs of $24 million, and separately as an asset
for insurance recoveries of $24 million. Similarly, as of
September 30, 2011, the Company's estimated net liability of
$3 million was recorded within the Company's Combined Balance
Sheet as a liability for pending and future claims and related
defense costs of $27 million, and separately as an asset for
insurance recoveries of $24 million.

Tyco Flow Control International Ltd. is a global leader in the
industrial flow control market, specializing in the design,
manufacture and servicing of highly engineered valves, actuation &
controls, electric heat management solutions, and water
transmission and distribution products. Tyco Flow Control's
principal executive offices are located at Freier Platz 10,
CH-8200 Schaffhausen, Switzerland.

ASBESTOS UPDATE: Arabian American Unit Defends Suit in Texas
An indirect subsidiary of Arabian American Development Company is
current defending an asbestos-related lawsuit in Texas, according
to the Company's Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarterly period ended March 31, 2012.

Arabian American Development Company is engaged in manufacturing
various specialty petrochemical products. As of December 31, 2011,
the Company owned a 37% interest in Al Masane Al Kobra Mining
Company and a 55% interest in Pioche Ely Valley Mines, Inc (PEVM).
The Company's United States activities are primarily conducted
through a wholly owned subsidiary, Texas Oil and Chemical Co. II,
Inc. (TOCCO). TOCCO owns South Hampton Resources Inc. (South
Hampton), and South Hampton owns of Gulf State Pipe Line Company,
Inc. (Gulf State). South Hampton owns and operates a specialty
petrochemical facility near Silsbee, Texas, which is used in the
production of polyethylene, packaging, polypropylene, expandable
polystyrene and poly-iso/urethane foams. Gulf State owns and
operates three pipelines that connect the South Hampton facility
to a natural gas line, to South Hampton's truck and rail loading
terminal and to a petroleum products pipeline owned by an
unaffiliated third party.

On September 14, 2010, South Hampton received notice of a lawsuit
filed in the 58th Judicial District Court of Jefferson County,
Texas which was subsequently transferred to the 11th Judicial
District Court of Harris County, Texas.  The suit alleges that the
plaintiff became ill from exposure to asbestos.  There are
approximately 44 defendants named in the suit.  The Company has
placed its insurers on notice of the claim and plans to vigorously
defend the case.  No amounts have been accrued for this claim.

ASBESTOS UPDATE: Scotts Miracle-Gro Still Defends Exposure Cases
The Scotts Miracle-Gro Company continues to defend a number of
cases alleging injuries that the lawsuits claim resulted from
exposure to asbestos-containing products, apparently based on the
Company's historic use of vermiculite in certain of its products,
according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2012.

The complaints in these cases are not specific about the
plaintiffs' contacts with the Company or its products. The Company
in each case is one of numerous defendants and none of the claims
seek damages from the Company alone. The Company believes that the
claims against it are without merit and is vigorously defending
against them. It is not currently possible to reasonably estimate
a probable loss, if any, associated with these cases and,
accordingly, no reserves have been recorded in the Company's
condensed consolidated financial statements. The Company is
reviewing agreements and policies that may provide insurance
coverage or indemnity as to these claims and is pursuing coverage
under some of these agreements and policies, although there can be
no assurance of the results of these efforts. There can be no
assurance that these cases, whether as a result of adverse
outcomes or as a result of significant defense costs, will not
have a material effect on the Company's financial condition,
results of operations or cash flows.

The Scotts Miracle-Gro Company and its subsidiaries are engaged in
the manufacturing, marketing and sale of consumer branded products
for lawn and garden care. The Company's primary customers include
home centers, mass merchandisers, warehouse clubs, large hardware
chains, independent hardware stores, nurseries, garden centers and
food and drug stores.

ASBESTOS UPDATE: IDEX Corp. Still Defending PI Lawsuits
IDEX Corporation and seven of its subsidiaries are presently named
as defendants in a number of lawsuits claiming various asbestos-
related personal injuries, allegedly as a result of exposure to
products manufactured with components that contained asbestos,
according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2012.  Such components were acquired from third party
suppliers, and were not manufactured by any of the subsidiaries.

To date, the majority of the Company's settlements and legal
costs, except for costs of coordination, administration, insurance
investigation and a portion of defense costs, have been covered in
full by insurance, subject to applicable deductibles. However, the
Company cannot predict whether and to what extent insurance will
be available to continue to cover such settlements and legal
costs, or how insurers may respond to claims that are tendered to
them. Claims have been filed in jurisdictions throughout the
United States. Most of the claims resolved to date have been
dismissed without payment. The balance have been settled for
various insignificant amounts. Only one case has been tried,
resulting in a verdict for the Company's business unit. No
provision has been made in the financial statements of the
Company, other than for insurance deductibles in the ordinary
course, and the Company does not currently believe the asbestos-
related claims will have a material adverse effect on the
Company's business, financial position, results of operations or
cash flow.

IDEX Corporation is an applied solutions business that sells an
array of pumps, flow meters and other fluidics systems and
components and engineered products to customers in a variety of
markets worldwide.

ASBESTOS UPDATE: U.S. Auto Parts Unit Still Defending Claims
A wholly-owned subsidiary of U.S. Auto Parts Network, Inc.,
Automotive Specialty Accessories and Parts, Inc. and its wholly-
owned subsidiary Whitney Automotive Group, Inc., are named
defendants in several lawsuits involving claims for damages caused
by installation of brakes during the late 1960's and early 1970's
that contained asbestos, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended March 31, 2012.

WAG marketed certain brakes, but did not manufacture any brakes.
WAG maintains liability insurance coverage to protect its and the
Company's assets from losses arising from the litigation and
coverage is provided on an occurrence rather than a claims made
basis, and the Company is not expected to incur significant out-
of-pocket costs in connection with this matter that would be
material to its consolidated financial statements.

U.S. Auto Parts Network, Inc., is a distributor of aftermarket
auto parts and accessories and was established in 1995. The
Company entered the e-commerce sector by launching its first
website in 2000 and currently derives the majority of its revenues
from online sales channels. The Company sells its products to
individual consumers through a network of websites and online

ASBESTOS UPDATE: Huntington Ingalls Still Facing Exposure Suits
Huntington Ingalls Industries, Inc., and its predecessors-in-
interest are defendants in a longstanding series of cases filed in
numerous jurisdictions around the country, wherein former and
current employees and various third-party persons allege exposure
to asbestos containing materials while on or associated with HII
premises or while working on vessels constructed or repaired by
HII, according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2012.

The cases allege various injuries, including those associated with
pleural plaque disease, asbestosis, cancer, mesothelioma and other
alleged asbestos related conditions. In some cases, several of
HII's former executive officers are also named as defendants. In
some instances, partial or full insurance coverage is available to
the Company for its liability and that of its former executive
officers. Although the Company believes the ultimate resolution of
these cases will not have a material effect on its consolidated
financial position, results of operations or cash flows, it cannot
predict what new or revised claims or litigation might be asserted
or what information might come to light and can, therefore, give
no assurances regarding the ultimate outcome of asbestos related

For more than a century, Huntington Ingalls Industries, Inc., has
been designing, building, overhauling and repairing ships
primarily for the U.S. Navy and the U.S. Coast Guard. HII is one
of the nation's leading full-service providers for the design,
engineering, construction, and life cycle support of major surface
ship programs for the U.S. Navy.


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

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Copyright 2012.  All rights reserved.  ISSN 1525-2272.

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