/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/120810.mbx C L A S S A C T I O N R E P O R T E R Friday, August 10, 2012, Vol. 14, No. 158 Headlines AETNA INC: Aetna UCR Litigation Remains Pending in N.J. Court ALLSTATE LIFE: Sued Over Undisclosed Deferred Annuity Charges AMERICAN INT'L: Accused of Subrogating Payments From Wrongdoers BOARDWALK PIPELINE: Unit Sued in Alabama Over Mercaptan Release COSTCO: Judge Inclined to Certify Retail Managers' Class Action DAIRYAMERICA INC: 9th Circuit Revives Farmers' Milk Price Suit DBSI INC: DeWaay Settles Investor Class Action for $3 Million DELPHI AUTOMOTIVE: Dismissed From Wire Harness Antitrust Suit DENDREON CORP: Awaits Ruling on Bid to Dismiss Securities Suit DIGITALGLOBE INC: Faces GeoEye Merger-Related Suit in Virginia EAST RAMAPO, NY: Parents Sue District and Education Board EATON CORP: Faces Shareholder Class Action in Cleveland EBAY INC: Loses Bid to Dismiss Mobile User Fee Class Action FACEBOOK INC: Defends Numerous Suits by Users and Advertisers FACEBOOK INC: Class Suits Over Initial Public Offering Pending L & L ENERGY: Continues to Defend Securities Suit in Washington LITEHOUSE INC: Faces Suit Over Immunity Boost Claims in Product LOUISIANA-PACIFIC CORP: MDL Panel Denied Bid to Transfer Suits MASCO CORP: "Von Der Werth" Class Suit Remains Stayed in Georgia MASCO CORP: Awaits Approval of $75MM Antitrust Suit Settlement MIDWEST GENERATION: Illinois Class Suit Dismissal Bids Pending MIDWEST GENERATION: Hurricane Katrina-Related Suit Appeal Pending MY CLOTHES: Recalls 1,100 Children's Nightgowns and Pajama Sets NISSAN NORTH: 9th Cir. Tosses Class Action Over E-Key System OPTOTRAFFIC: Faces Class Action Over Photo Enforcement Program PEREGRINE FINANCIAL: Officers Sued Over Missing Customer's Funds QEP RESOURCES: Continues to Defend "Chieftain" Suit in Oklahoma SHAWNEE COUNTY, KS: Former Treasurer Mulls Class Action SP AUSNET: Black Saturday Fire Victims to Launch Class Action TAKEDA PHARMA: Faces Actos Suit in Quebec; MDL in U.S. Pending TRW AUTOMOTIVE: Faces Antitrust Class Action Suits in Michigan U.S. STEEL: Still Defends Antitrust Class Action Suits in Ill. VECTOR GROUP: Dec. 18 Judgment Bid Hearing in "Brown" Suit Set VECTOR GROUP: "Parsons" Suit vs. Liggett Remains Stayed in W.V. VECTOR GROUP: Plaintiffs Appeal Dismissal of "Smith" Class Suit VECTOR GROUP: "Young" Suit vs. Unit Remains Stayed in Louisiana VERISK ANALYTICS: Citizens' Suit No Longer Assert Class Claims VERISK ANALYTICS: Unit Defends Suit Over Employment Records ZEN MAGNETS: Sued Over Hazardous, High-Powered Magnetic Balls ZYNGA INC: Accused of Making False and Misleading Statements ZYNGA INC: Failed to Disclose Necessary Information, Suit Says ZYNGA INC: Misleads Shareholders, California Class Suit Says Asbestos Litigation ASBESTOS UPDATE: MeadWestvaco Corp. Had 472 Suits at June 30 ASBESTOS UPDATE: Quaker Chemical Continues to Defend Claims ASBESTOS UPDATE: PPG Reported $642MM Current Liability at June 30 ASBESTOS UPDATE: Flowserve Corp. Still Defends PI Claims ASBESTOS UPDATE: TriMas Corp. Had 1,089 Pending Cases at June 30 ASBESTOS UPDATE: Foster Wheeler Still Defends U.S. & U.K. Claims ASBESTOS UPDATE: Midwest Generation Had 218 Cases at June 30 ASBESTOS UPDATE: U.S. Steel Had 735 Active Cases at June 30 ASBESTOS UPDATE: TRW Automotive Units Continue to Defend Claims ASBESTOS UPDATE: Ashland Inc. Had 69 Open Claims at June 30 ASBESTOS UPDATE: Ashland Unit Had 21 Open Claims at June 30 ASBESTOS UPDATE: Hundreds of Fibro Exposure Claims Eyed at Nassau ASBESTOS UPDATE: Parties Await Resolution for Bechtel Fibro Issue ASBESTOS UPDATE: No Fibro Emission at Hill and Plain School Blaze ASBESTOS UPDATE: Frankfort Buildings Fibro-Free During Blaze ASBESTOS UPDATE: Zurn Industries, 52 Others Face Lawsuit ASBESTOS UPDATE: Yarway Corp., 53 Others Face Lawsuit ASBESTOS UPDATE: Meso Victim Seeks Help From Peers at Musselwhite ASBESTOS UPDATE: UNSW Researchers Develop New Meso-Detector ASBESTOS UPDATE: Authorities Arrest Notorious NJ Contractor ASBESTOS UPDATE: ETU Considers Taking Bechtel Dispute to Court ASBESTOS UPDATE: Ex-Supervisor Commits Bribery, Violates EPA, HUD ASBESTOS UPDATE: Suspected Fibro Shuts Down Former Youth Centre ASBESTOS UPDATE: Fibro Shuts Sneaker World, Theater in Liberty ASBESTOS UPDATE: Asbestos Valued Throughout World History ASBESTOS UPDATE: OSHA Investigates Best-Tec Worker's Death ASBESTOS UPDATE: Effects of Naturally Occurring Asbestos Addressed ASBESTOS UPDATE: Meso Kills 13.8 Per Million Per Year In 26 States ASBESTOS UPDATE: Author Turns Down France's "Legion d'Honneur" ASBESTOS UPDATE: Remediated Northampton Courthouse Library Reopens ASBESTOS UPDATE: Mesothelioma Kills 49 Year Old Worker ASBESTOS UPDATE: Study Showed NOA In Clear Creek Soil Is Minimal ASBESTOS UPDATE: Bechtel Switch Rooms Supplier Plans Legal Action ASBESTOS UPDATE: Fly-Tipper Dumps Toxic Fibro In Cramlington ASBESTOS UPDATE: Former Postal Worker Plea for Colleagues' Help ASBESTOS UPDATE: Floor Contaminants Closes Portsmouth PD Lobby ASBESTOS UPDATE: US Consumption of Asbestos Fiber Increases 13% ASBESTOS UPDATE: Fibro Dumped at Wollongong Councilor's Driveway ASBESTOS UPDATE: D&D Offers Legal Options for ARD Victims ASBESTOS UPDATE: Cleanup of Tornado Razed Homes in Joplin Underway ASBESTOS UPDATE: EC2 Warns of Popcorn Ceilings Containing Fibro ASBESTOS UPDATE: Cleaned-Up Catonsville Library Basement Reopens ASBESTOS UPDATE: Mike Holmes Urges Proper Protection for DIYers ASBESTOS UPDATE: Tests Underway for 9 Schools Conned by Contractor ASBESTOS UPDATE: 3 Month Old Report On Illegal Dump Still Unheeded ASBESTOS UPDATE: Mesothelioma Kills Former Thorneycrofts Worker ASBESTOS UPDATE: Cleanup Issues Halt Razing of Canandaigua Bldg ********* AETNA INC: Aetna UCR Litigation Remains Pending in N.J. Court ------------------------------------------------------------- Aetna Inc. is named as a defendant in several purported class actions and individual lawsuits arising out of its practices related to the payment of claims for services rendered to its members by health care providers with whom the Company does not have a contract ("out-of-network providers"). Among other things, these lawsuits allege that the Company paid too little to its health plan members and/or providers for these services, among other reasons, because of its use of data provided by Ingenix, Inc., a subsidiary of one of the Company's competitors ("Ingenix"). Other major health insurers are the subject of similar litigation or have settled similar litigation. Various plaintiffs who are health care providers or medical associations seek to represent nationwide classes of out-of- network providers who provided services to the Company's members during the period from 2001 to the present. Various plaintiffs who are members in the Company's health plans seek to represent nationwide classes of its members who received services from out- of-network providers during the period from 2001 to the present. Taken together, these lawsuits allege that the Company violated state law, the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), the Racketeer Influenced and Corrupt Organizations Act and federal antitrust laws, either acting alone or in concert with the Company's competitors. The purported classes seek reimbursement of all unpaid benefits, recalculation and repayment of deductible and coinsurance amounts, unspecified damages and treble damages, statutory penalties, injunctive and declaratory relief, plus interest, costs and attorneys' fees, and seek to disqualify the Company from acting as a fiduciary of any benefit plan that is subject to ERISA. Individual lawsuits that generally contain similar allegations and seek similar relief have been brought by health plan members and out-of-network providers. The first class action case was commenced on July 30, 2007. The federal Judicial Panel on Multi-District Litigation (the "MDL Panel") has consolidated these class action cases in the U.S. District Court for the District of New Jersey (the "New Jersey District Court") under the caption In re: Aetna UCR Litigation, MDL No. 2020 ("MDL 2020"). In addition, the MDL Panel has transferred the individual lawsuits to MDL 2020. On May 9, 2011, the New Jersey District Court dismissed the physician plaintiffs from MDL 2020 without prejudice. The New Jersey District Court's action followed a ruling by the United States District Court for the Southern District of Florida (the "Florida District Court") that the physician plaintiffs were enjoined from participating in MDL 2020 due to a prior settlement and release. The United States Court of Appeals for the Eleventh Circuit has dismissed the physician plaintiffs' appeal of the Florida District Court's ruling. Discovery is substantially complete in MDL 2020, several motions are pending, and briefing on class certification has been completed. The court has not set a trial date or a timetable for deciding class certification. The Company says it intends to vigorously defend itself against the claims brought in these cases. No further updates were reported in the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. ALLSTATE LIFE: Sued Over Undisclosed Deferred Annuity Charges ------------------------------------------------------------- Courthouse News Service reports that Allstate Life Insurance targets the elderly by selling them deferred annuity products without properly disclosing surrender charges, a family claims in a federal class action. A copy of the Complaint in Von Merta, et al. v. Allstate Life Insurance Company, Case No. 12-cv-04125 (N.D. Calif.), is available at: http://www.courthousenews.com/2012/08/07/Allstate.pdf The Plaintiff is represented by: Ingrid M. Evans, Esq. THE EVANS LAW FIRM 3053 Fillmore Street, #236 San Francisco, CA 94123 Telephone: (415) 441-8669 E-mail: ingrid@evanslaw.com - and - Michael Arias, Esq. Alfredo Torrijos, Esq. Christopher D. Dipietro, Esq. ARIAS OZZELLO & GIGNAC, LLP 6701 Center Drive West, 14th Floor Los Angeles, CA 90045 Telephone: (310) 670-1600 E-mail: marias@aogllp.com atorrijos@aogllp.com cdipietro@aogllp.com AMERICAN INT'L: Accused of Subrogating Payments From Wrongdoers --------------------------------------------------------------- Nusyn Erlich, a/k/a Nathan Erlich, and Chaya Erlich, Individually and on behalf of all others similarly situated v. American International Group, Inc., and New Hampshire Insurance Co., Case No. 652672/2012 (N.Y. Sup. Ct., August 1, 2012) alleges that the Defendants have established and currently maintain a general business practice and policy of subrogating and retaining payments from third-party wrongdoers prior to making their insureds whole. Under New York law, when an insurer invokes its rights to step into the shoes of insureds to obtain payments from third-party wrongdoers, insurer may seek subrogation against only those funds and assets that remain after the insured has been compensated, the Plaintiffs contend. However, they allege, when the Defendants receive third-party payments for insurance policy coverage containing general liability, personal injury, medical, and property damages, the Defendants do not make their Insureds, including the Plaintiffs, whole prior to subrogating the remaining funds, and instead, the Defendants retain all third-party payments and force the Insureds to pursue time consuming and costly remedies to enforce their rights. The Plaintiffs are married and are residents of Brooklyn, New York. The Plaintiffs contracted with the Defendants for building, personal property and additional living expense insurance. The Plaintiffs' property suffered damage due to a fire and they received a settlement or damage award from the Defendants, which was conditioned upon Plaintiffs executing an agreement ("Subrogation Receipt") and granting certain rights to the Defendants to collect from the third-party tortfeasor. AIG is an insurance holding company organized under the laws of Delaware. AIG is the parent company of NHIC, as well as various other insurance companies and providers. NHIC is an insurance company organized under the laws of Delaware. The Defendants are based in New York. The Plaintiffs are represented by: Adam J. Gana, Esq. Christopher L. Lufrano, Esq. NAPOLI BERN RIPKA SHKOLNIK, LLP 350 Fifth Avenue, Suite 7413 New York, NY 10118 Telephone: (212) 267-3700 E-mail: Agana@NapoliBern.com CLufrano@NapoliBern.com - and - Brian G. Maloney, Esq. Hon. Michael R. Ambrecht, Esq. AMBRECHT & MALONEY, PLLC 245 Park Avenue, Suite 2405 New York, NY 10167 Telephone: (212) 428-2512 BOARDWALK PIPELINE: Unit Sued in Alabama Over Mercaptan Release --------------------------------------------------------------- Gulf South Pipeline Company, LP, a subsidiary of Boardwalk Pipeline Partners, LP is facing a class action lawsuit related to an alleged release of mercaptan at the Whistler Junction facilities in Eight Mile, Alabama, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. Gulf South and several other defendants, including Mobile Gas Service Corporation (MGSC), have been named as defendants in five lawsuits, including one purported class action lawsuit, commenced by multiple plaintiffs in the Circuit Court of Mobile County, Alabama. The plaintiffs seek unspecified damages for personal injury and property damage related to an alleged release of mercaptan at the Whistler Junction facilities in Eight Mile, Alabama. Gulf South delivers natural gas to MGSC, the local distribution company for that region, at Whistler Junction where MGSC odorizes the gas prior to delivery to end user customers by injecting mercaptan into the gas stream, as required by federal law. The cases are: Parker, et al. v. Mobile Gas Service Corp, et al. (Case No. CV-12-900711), Crum, et al. v. Mobile Gas Service Corp, et al. (Case No. CV-12-901057), Austin, et al. v. Mobile Gas Service Corp, et al. (Case No. CV-12-901133), Moore, et al. v. Mobile Gas Service Corp, et al. (Case No. CV-12-901471), and Davis, et al. v. Mobile Gas Service Corp, et al. (Case No. CV-12- 901490). In cases where Gulf South has filed an answer, it has denied liability. Gulf South has demanded that MGSC indemnify Gulf South against all liability related to these matters pursuant to a right-of-way agreement between Gulf South and MGSC, and has filed a cross-claim against MGSC for any such liability. MGSC has filed a cross-claim against Gulf South. The Company says the outcome of these cases cannot be predicted at this time; however, based on the facts and circumstances presently known, in the opinion of management, these cases will not be material to Gulf South's financial condition, results of operations or cash flows. COSTCO: Judge Inclined to Certify Retail Managers' Class Action --------------------------------------------------------------- Cynthia Foster, writing for The Recorder, reports that a federal judge seemed inclined on July 31 to certify a class of female retail managers suing Costco on claims of gender discrimination, despite defense arguments that plaintiffs fail a commonality test prescribed by the U.S. Supreme Court in Wal-Mart Stores v. Dukes. DAIRYAMERICA INC: 9th Circuit Revives Farmers' Milk Price Suit -------------------------------------------------------------- Annie Youderian at Courthouse News Service reports that the United States Court of Appeals for the Ninth Circuit on Aug. 7 revived a class action accusing dairy cooperatives of manipulating the price of raw milk, causing $50 million in losses. The federal appeals court in San Francisco said farmers are not barred from suing DairyAmerica and California Dairies under the "filed rate doctrine," which aims to stabilize markets by blocking lawsuits based on government-regulated minimum prices. Farmers claimed the dairy cooperatives incorrectly reported what they paid for non-fat dry milk in their weekly reports to the government, causing raw milk prices to be understated by $50 million from 2006 to 2007. Raw milk prices are typically set using dairy prices collected by the National Agricultural Statistics Service (NASS), a division of the U.S. Department of Agriculture. NASS uses that information for its Federal Milk Marketing Orders, or FMMOs, which require milk processors to pay minimum milk prices and adhere to other regulations. In their weekly reports to NASS, DairyAmerica and California Dairies allegedly reported forward-priced sales, in which the sale price was set 30 days or more before the transaction was complete. Farmers said the inclusion of those sales was clearly prohibited by NASS and contaminated the data, driving down raw milk prices. The U.S. Department of Agriculture acknowledged that the raw milk rates were incorrect and rejected them, but lacked the authority to sanction DairyAmerica at the time. A federal judge dismissed the lawsuit in 2010 based on the filed rate doctrine, but the 9th Circuit partially reversed and reinstated the farmers' claims. The court agreed with the judge's conclusion that the doctrine applies to agency-set minimum prices for raw milk. However, the 9th Circuit said the doctrine does not bar the farmers in this case from proceeding with their state-law claims. "Our holding will not permit a flood of litigation such that the filed rate doctrine will be circumvented every time a milk producer has a quibble with FMMO prices," wrote U.S. District Judge George Wu, who participated in the panel ruling. "To the contrary, this case presents a narrow exception to the general rule that the filed rate doctrine not only applies but functions so as to bar FMMO price-related claims." A copy of the Opinion in Carlin, et al. v. DairyAmerica, Inc., et al., No. 10-16448 (9th Cir.), is available at http://is.gd/2rgwqe The Plaintiffs-Appellants were represented by: Benjamin D. Brown, Esq. Daniel A. Small, Esq. Victoria S. Nugent, Esq. George F. Farah, Esq. Brent W. Johnson, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave NW, Suite 500 West Washington, DC 20005 Telephone: (202) 408-4600 E-mail: bbrown@cohenmilstein.com dsmall@cohenmilstein.com vnugent@cohenmilstein.com gfarah@cohenmilstein.com bjohnson@cohenmilstein.com - and - Joseph J. Tabacco, Jr., Esq. Christopher T. Heffelfinger, Esq. Anthony D. Phillips, Esq. BERMAN DEVALERIO One California Street, Suite 900 San Francisco, CA 94111 Telephone: (415) 433-3200 E-mail: jtabacco@bermandevalerio.com cheffelfinger@bermandevalerio.com aphillips@bermandevalerio.com - and - Ron Kilgard, Esq. KELLER ROHRBACK P.L.C. 3101 North Central Avenue, Suite 1400 Phoenix, AZ 85012-2600 Telephone: (602) 230-6324 E-mail: rkilgard@kellerrohrback.com - and - Jon A. Tostrud, Esq. CASE LOMBARDI AND PETTIT 737 Bishop Street, Suite 2600 Honolulu, HI 96813-3283 Telephone: (808) 547-5400 - and - Lynn L. Sarko, Esq. Mark A. Griffin, Esq. Juli E. Farris, Esq. KELLER ROHRBACK P.L.C. Seattle, Washington 1201 3rd Avenue, Suite 3200 Seattle, WA 98101-3052 Telephone: (206) 623-1900 E-mail: lsarko@kellerrohrback.com mgriffin@kellerrohrback.com jfarris@kellerrohrback.com - and - J. Barton Goplerud, Esq. HUDSON, MALLANEY, SHINDLER AND ANDERSON, PC 5015 Grand Ridge Drive, Suite 100 West Des Moines, IA 50265 Telephone: 515-223-4567 Defendant-Appellee California Dairies, Inc. is represented by: Allison A. Davis, Esq. DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, CA 94111-6533 Telephone: (415) 276-6580 E-mail: allisondavis@dwt.com - and - Charles M. English, Esq. Wendy M. Yoviene, Esq. E. John Steren, Esq. OBER, KALER, GRIMES & SHRIVER 1401 H Street, NW, Suite 500 Washington, DC 20005 Telephone: (202) 408-8400 E-mail: ejsteren@ober.com wyoviene@ober.com - and - John J. Vlahos, Esq. Lawrence M. Cirelli, Esq. S. Anne Johnson, Esq. HANSON BRIDGETT LLP 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: (415) 777-3200 E-mail: jvlahos@hansonbridgett.com lcirelli@hansonbridgett.com DBSI INC: DeWaay Settles Investor Class Action for $3 Million ------------------------------------------------------------- Lynn Hicks, writing for Des Moines Register, reports that Don DeWaay hopes to rebuild his tattered financial empire by settling class-action lawsuits for $3 million. Lawyers for Mr. DeWaay, a West Des Moines financial adviser, and investors in the lawsuits filed a settlement agreement last week, which must be approved by a judge in Decatur County. The class involves "hundreds if not thousands" of investors, said lawyer Barton Goplerud, one of the plaintiffs' lawyers. But the legal saga is far from over: Lawyers representing other investors plan to object to the settlement. They say the class- action lawsuits denied their clients, many of whom lost all of their investments, a chance to recoup as much of their losses as possible. Investors lost about $250 million, said Gail Boliver, a Marshalltown lawyer who wants to intervene to object to the settlement. Among those investments were ones linked to DBSI Inc., a Delaware company that packaged real estate and oil-and-gas development deals. Investors claim that brokers recommended unsuitable investments to Mr. DeWaay's customers and failed to make sure certain investments were legitimate. Mr. DeWaay has denied those claims. Steve Wandro, one of Mr. DeWaay's lawyers, said the settlement reflects his client's damaged finances. "His goal is to pick up the pieces and move forward," Mr. Wandro said. Upcoming in the case: A court-appointed accountant is expected to report on Mr. DeWaay's financial condition, including the value of his company's 106,000-square-foot Clive campus. DELPHI AUTOMOTIVE: Dismissed From Wire Harness Antitrust Suit ------------------------------------------------------------- Delphi Automotive PLC said in its July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012, that in June 2012, it was dismissed, without prejudice, from the consolidated antitrust class action lawsuit brought against wire harness manufacturers. A number of class action complaints have been filed in various U.S. federal district courts alleging that several wire harness manufacturers, including Delphi, have violated U.S. antitrust laws. These complaints allege that direct and indirect purchasers overpaid for their vehicles as a result of the alleged conduct of the wire harness manufacturers. In February 2012, these complaints were consolidated and transferred to the federal district court in the Eastern District of Michigan. In June 2012, Delphi was dismissed, without prejudice, from these actions. DENDREON CORP: Awaits Ruling on Bid to Dismiss Securities Suit -------------------------------------------------------------- Dendreon Corporation is awaiting a court decision on its motion to dismiss a consolidated securities class action lawsuit pending in Washington, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. The Company and three current and former officers are named defendants in a consolidated putative securities class action proceeding filed in August 2011 with the United States District Court for the Western District of Washington (the "District Court") under the caption In re Dendreon Corporation Class Action Litigation, Master Docket No. C 11-1291 JLR. Lead Plaintiff, San Mateo County Employees Retirement Association purports to state claims for violations of federal securities laws on behalf of a class of persons who purchased the Company's common stock between April 29, 2010, and August 3, 2011. A consolidated amended complaint was filed on February 24, 2012. In general, the complaints allege that the defendants issued materially false or misleading statements concerning the Company, its finances, business operations and prospects with a focus on the market launch of PROVENGE and related forecasts concerning physician adoption, and revenue from sales of PROVENGE as reflected in the Company's August 3, 2011 release of its financial results for the quarter ended June 30, 2011. The Company and other defendants filed a motion to dismiss the consolidated amended complaint on April 27, 2012, and that motion is fully briefed and awaiting further action by the Court. The Company says it cannot predict the outcome of that motion or of these lawsuits; however, the Company believes the claims lack merit and intends to defend the claims vigorously. Dendreon Corporation -- http://www.dendreon.com/-- is a biotechnology company that engages in the discovery, development, and commercialization of novel therapeutics to enhance cancer treatment options for patients. The Company's product portfolio includes active cellular immunotherapy and small molecule product candidates to treat a range of cancers. The Company offers PROVENGE (sipuleucel-T), an autologous cellular immunotherapy for the treatment of asymptomatic or minimally symptomatic, metastatic, castrate-resistant (hormone-refractory), and prostate cancer. The Company was founded in 1992 and is headquartered in Seattle, Washington. DIGITALGLOBE INC: Faces GeoEye Merger-Related Suit in Virginia -------------------------------------------------------------- DigitalGlobe, Inc. is facing a class action lawsuit in Virginia arising from its proposed merger with GeoEye, Inc., according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. On July 22, 2012, DigitalGlobe entered into an Agreement and Plan of Merger (the "Merger Agreement") with GeoEye, Inc. ("GeoEye"), 20/20 Acquisition Sub, Inc., a Delaware corporation and a wholly owned subsidiary of DigitalGlobe, and WorldView, LLC, a Delaware limited liability company and a wholly owned subsidiary of DigitalGlobe, in a stock and cash transaction valued at approximately $900 million near the date of the agreement, and including the refinancing of GeoEye's long-term debt. On July 26, 2012, a putative class action lawsuit captioned Behnke v. GeoEye, Inc. et al, case number 1:2012cv00826, was filed in the United States District Court Eastern District of Virginia. The complaint names as defendants DigitalGlobe and certain of the Company's subsidiaries (collectively, the "DigitalGlobe Defendants"), as well as GeoEye and members of its board of directors. The complaint seeks injunctive relief, including to enjoin the merger, and other relief. DigitalGlobe believes that the claims asserted in these actions are without merit and intends to vigorously defend these matters. EAST RAMAPO, NY: Parents Sue District and Education Board --------------------------------------------------------- Mareesa Nicosia, writing for LoHud.com, reports that a class- action lawsuit brought on by a bevy of parents claims East Ramapo school district's top officials and Board of Education members past and present have repeatedly schemed to "siphon off public money to support private religious institutions." Among other claims, the group alleges the district has segregated students in special-education programs based on their race, at taxpayers' expense, according to a draft version of the lawsuit provided to The Journal News/Lohud.com by the public-interest law firm Advocates for Justice. The 60-plus-page document, expected to be filed in federal court on Aug. 7, is the latest legal blow to the struggling district as a conflict intensifies between parents of public-school students and the Orthodox and Hasidic school-board majority that makes decisions on behalf of those students. Advocates for Justice and the organization's attorney, Arthur Schwartz, are already backing a smaller group of parents in a similar petition calling for the state education commissioner to remove the five-member board majority. The latest lawsuit -- backed by nearly 200 parents, according to Mr. Schwartz -- names as defendants East Ramapo schools Superintendent Joel Klein, Assistant Superintendent for the Office of Special Student Services and Funded Programs Elie Wizman, the district's attorney, Albert D'Agostino, and five current board members who are part of the Orthodox and Hasidic majority. Also named are former board members Morris Kohn, Nathan Rothschild, Richard Stone and Aron Wieder, who is a Rockland County legislator from Spring Valley. Spanning school board decisions made since 2008, the lawsuit details incidents where "unconstitutional gift(s) of public funds" were allegedly made to private schools. Plaintiffs point to purchases of non-secular textbooks for private schools, spending of federal aid and controversial real-estate deals, which are now being investigated by the state attorney general's office. The suit also alleges the school district habitually violated its own policies and enacted budget cuts in an "arbitrary" manner -- cuts that have deprived public school students of a "sound basic education" they are entitled to, according to the draft document. EATON CORP: Faces Shareholder Class Action in Cleveland ------------------------------------------------------- Cleveland Plain Dealer reports that Eaton Corp. is facing another shareholders' lawsuit in Cuyahoga County arising from a lengthy court fight in Mississippi against a rival in the aerospace parts business. The lawsuit filed on Aug. 3 claims investors lost millions of dollars because they purchased Eaton shares at artificially inflated prices -- prices that later declined when Eaton said its lawyers failed to turn over documents in its trade-secrets fight against Frisby Aerospace in Jackson, Miss. The lawsuit in U.S. District Court in Cleveland was filed by the Florida Carpenters Regional Council Pension Plan. The plaintiffs want the court to certify the suit as a class action representing everyone who bought Eaton stock between 2009 and 2012. EBAY INC: Loses Bid to Dismiss Mobile User Fee Class Action ----------------------------------------------------------- Sean McLernon, writing for Law360, reports that a California federal judge on Aug. 6 refused to throw out a putative class action accusing eBay Inc. of violating fee agreements with its mobile users, ruling the plaintiff has presented enough facts to sustain a breach of contract and implied covenant claim. U.S. District Judge Jeffrey S. White kept alive the bulk of eBay user Tasha Keirsey's suit, which claims the online auction giant deceives customers by charging for optional features that users don't select and imposing fees for features advertised as free. FACEBOOK INC: Defends Numerous Suits by Users and Advertisers ------------------------------------------------------------- Facebook, Inc. is defending numerous class action lawsuits brought by users and advertisers, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. In addition to intellectual property claims, the Company is also involved in numerous other lawsuits, including putative class action lawsuits brought by users and advertisers, many of which claim statutory damages, and the Company anticipates that it will continue to be a target for numerous lawsuits in the future. Because the Company has hundreds of millions of users, the plaintiffs in class action cases filed against it typically claim enormous monetary damages even if the alleged per-user harm is small or non-existent. Any negative outcome from such lawsuits could result in payments of substantial monetary damages or fines, or changes to the Company's products or business practices, and accordingly its business, financial condition, or results of operations could be materially and adversely affected. Although the results of such lawsuits and claims cannot be predicted with certainty, the Company does not believe that the final outcome of those matters relating to its products that it currently faces will have a material adverse effect on its business, financial condition, or results of operations. The Company believes these lawsuits are without merit and is vigorously defending these lawsuits. The Company says there can be no assurances that a favorable final outcome will be obtained in all its cases, and defending any lawsuit is costly and can impose a significant burden on management and employees. Any litigation to which the Company is a party may result in an onerous or unfavorable judgment that may not be reversed upon appeal or in payments of substantial monetary damages or fines, or the Company may decide to settle lawsuits on similarly unfavorable terms, which could adversely affect the Company's business, financial conditions, or results of operations. FACEBOOK INC: Class Suits Over Initial Public Offering Pending -------------------------------------------------------------- Facebook, Inc. continues to face numerous class action lawsuits related to its initial public offering, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. Beginning on May 22, 2012, multiple putative class actions, derivative actions, and individual actions were filed in state and federal courts in the United States and in other jurisdictions against the Company, its directors, and/or certain of its officers alleging violation of securities laws or breach of fiduciary duties in connection with the Company's initial public offering (IPO) and seeking unspecified damages. The Company believes these lawsuits are without merit, and it is vigorously defending these lawsuits. In addition, following the Company's IPO, the events surrounding its IPO became the subject of government inquiries, and it has received requests for information in connection with certain of those inquiries. Any such inquiries could subject the Company to substantial costs, divert resources and the attention of management from its business, or adversely affect its business. L & L ENERGY: Continues to Defend Securities Suit in Washington --------------------------------------------------------------- L & L Energy, Inc. continues to defend itself from a securities class action lawsuit pending in Washington, according to the Company's July 31, 2012, Form 10-K filing with the U.S. Securities and Exchange Commission for the year ended April 30, 2012. On August 26, 2011, a federal securities law class action complaint was filed against the Company, certain officers and directors (i.e., Dickson V. Lee and Ian G. Robinson) and a former officer (i.e., Jung Mei (Rosemary) Wang) in the United States District Court, Western District of Washington at Seattle on behalf of a class consisting of all persons who purchased the common stock of the Company during the period August 13, 2009, through August 2, 2011, inclusive, and who were damaged thereby (the "Securities Class Action"). It alleges that the Company filed false and misleading reports with the SEC from August 13, 2009, to August 2, 2011, primarily based upon an amendment the Company filed to its 2010 Annual Report on Form 10-K on July 28, 2010, and a report published by the Glaucus Research Group on August 2, 2011. On December 15, 2011, the court appointed Gregg Irvin as lead plaintiff, and he filed an amended complaint and second amended complaint on February 8 and March 2, 2012, respectively, naming four other current and former directors as defendants (i.e., Shirley Kiang, Robert Lee, Dennis Bracy and Robert Okun). The Company says it has notified its insurance carrier of the Securities Class Action, has retained outside legal counsel, and intends to defend the lawsuit vigorously. The Company is unable to estimate the amount or range of any potential loss in the event of an unfavorable outcome. As such, as of April 30, 2012, the Company has not accrued any liability in connection with potential losses from legal proceedings. LITEHOUSE INC: Faces Suit Over Immunity Boost Claims in Product --------------------------------------------------------------- Garrett Koehler, as an individual, and on behalf of all others similarly situated v. Litehouse, Inc., an Idaho corporation, Case No. 4:12-cv-04055 (N.D. Calif., August 1, 2012) accuses the Company of making erroneous claims, which are misleading to reasonable consumers, on the front and rear labeling of its salad dressing known as "Bleu Cheese Yogurt Dressing with Probiotics." According to the Company's uniform and consistent claims, use of the Product enhances the body's immune system and boosts immunity, Mr. Koehler asserts. He contends that Litehouse misleads the public for their financial benefits. Mr. Koehler is a resident of San Francisco, California. He purchased the Product in April 2012 from a Safeway supermarket in San Francisco. Litehouse is the owner, manufacturer and distributor of the Product, and is the company that created and authorized the alleged false, misleading and deceptive labeling and advertising for the Product. The Plaintiff is represented by: Benjamin M. Lopatin, Esq. THE LAW OFFICES OF HOWARD W. RUBINSTEIN, P.A. One Embarcadero Center, Suite 500 San Francisco, CA 94111 Telephone: (800) 436-6437 Facsimile: (415) 692-6607 E-mail: lopatin@hwrlawoffice.com LOUISIANA-PACIFIC CORP: MDL Panel Denied Bid to Transfer Suits -------------------------------------------------------------- A multidistrict litigation panel denied in June 2012 plaintiffs' motion to transfer and consolidate class action lawsuits against Louisiana-Pacific Corporation to the Eastern District of North Carolina, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. The Company was named in four putative class action lawsuits filed against it in United States District Courts during the first quarter of 2012 related to nontreated hardboard trim product formerly manufactured at its Roaring River, North Carolina hardboard plant: Brown v. Louisiana-Pacific Corporation., Case No. 4:12-CV-00102-RP-TJS (S.D. Iowa) (filed March 8, 2012, as a state- wide putative class); Holbrook v. Louisiana-Pacific Corporation, et al., Case No. 3:12-CV-00484-JGC (N.D. Ohio) (filed February 28, 2012, as a state-wide putative class); Bristol Village Inc. v. Louisiana-Pacific Corporation, et al., Case No. 1:12-CV-00263 (W.D.N.Y.) (filed March 30, 2012, as a state-wide putative class or, alternatively, as a nation-wide putative class) and Prevett v. Louisiana-Pacific, Case No. 6:12-CV-348-ORL-18-KRS (M.D. Fla) (filed March 5, 2012, as a state-wide putative class). The Prevett v. Louisiana Pacific lawsuit was voluntarily dismissed by the plaintiffs on May 31, 2012. Subsequently, a fifth lawsuit, Eugene Lipov v. Louisiana-Pacific, Case 1:12-CV-00439- JTN (W.D. Mich) (filed May 3, 2012) was filed as a statewide putative class action in the second quarter of 2012. These lawsuits follow two state-wide putative class action lawsuits previously filed against the Company in United States District Courts: Ellis, et al. v. Louisiana-Pacific Corp., Case No. 3:11-CV-191 (W.D.N.C.); and Hart, et al. v. Louisiana-Pacific Corp., Case No. 2:08-CV-00047 (E.D.N.C.). The Ellis case was dismissed by the District Court, which dismissal has been appealed by the plaintiffs to the United States Court of Appeals for the Fourth Circuit, and the Hart case has been certified by the District Court as a class action. Plaintiffs moved to combine pretrial matters through a MultiDistict Litigation (MDL) motion, filed as In Re: Louisiana- Pacific Corporation Trimboard Siding Marketing, Sales Practice and Products Liability Litigation MDL No. 2366 (U.S. Judicial Panel on Multidistrict Litigation) seeking to transfer all cases to the Eastern District of North Carolina. Louisiana-Pacific objected to the MDL motion and on June 11, 2012, the MDL Panel denied plaintiffs' Motion to Transfer. The plaintiffs in these lawsuits seek to certify classes consisting of all persons that own structures within the respective states in which the lawsuit were filed (or, in some cases, within the United States) on which the hardboard trim in question is installed. The plaintiffs seek unspecified damages and injunctive and other relief under various state law theories, including negligence, violations of consumer protection laws, breaches of implied and express warranties, fraud, and unjust enrichment. While some individual owners of structures within the putative classes may have valid warranty claims, the Company believes that the claims asserted on a class basis are without merit and it intends to defend these matters vigorously. The Company has established warranty reserves for the hardboard trim in question pursuant to its normal business practices, and it does not believe that the resolution of these lawsuits will have a material effect on its financial condition, results of operations, cash flows or liquidity. MASCO CORP: "Von Der Werth" Class Suit Remains Stayed in Georgia ---------------------------------------------------------------- A class action lawsuit commenced by Albert Von Der Werth and Valerie Good against Masco Corporation remains stayed in Georgia, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. A lawsuit was filed in March 2003 in the United States District Court for the Northern District of Georgia by Wilson Insulation Company, Wilson Insulation of Augusta, Inc. and The Wilson Insulation Group, Inc. ("Wilson") against the Company, Masco Contractor Services, Inc., and MCS Central that alleged anticompetitive conduct (the "Wilson Case"). Wilson (who is an individual contractor) alleges that certain practices of the Company and its named insulation installation companies relating to the installation of insulation during the early 2000s in Atlanta and Augusta, Georgia, violated the federal antitrust and/or state laws. The Wilson case has been removed from the court's active docket. In March 2007, Albert Von Der Werth and Valerie Good filed a lawsuit in the United States District Court for the Northern District of California against the Company, its subsidiary Masco Contractor Services, and several insulation manufacturers seeking class action status and alleging anticompetitive conduct (the "Von Der Werth case"). In the Von Der Werth case, plaintiffs allege that the alleged conspiracy in the Columbus Drywall case indirectly resulted in an increase in the retail price of fiberglass insulation they purchased from retailers from 1999 to 2004. The Von Der Werth case was subsequently transferred to the United States District Court for the Northern District of Georgia and was administratively stayed by the court in February 2010. An additional lawsuit, which was filed in September 2005 and alleged anticompetitive conduct, was dismissed with prejudice in December 2006. The Company says it will vigorously defend the Wilson and Von Der Werth cases when they are re-opened by the court. Based upon the advice of its outside counsel, the Company believes that the conduct of the Company and its insulation installation companies, which is the subject of the Wilson and Von Der Werth lawsuits, has not violated any antitrust laws. The Company is unable at this time to reliably estimate any potential liability which might occur from an adverse judgment in either lawsuit. There cannot be any assurance that the Company will ultimately prevail in these lawsuits, or, if unsuccessful, that the ultimate liability would not be material. MASCO CORP: Awaits Approval of $75MM Antitrust Suit Settlement -------------------------------------------------------------- Masco Corporation is awaiting court approval of its $75 million settlement of an antitrust class action lawsuit brought by insulation contractors, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. A lawsuit was brought against the Company and a number of its insulation installation companies alleging that certain of their practices violated provisions of the federal antitrust laws during the period 1999 through 2004. The case was filed in October 2004 in the United States District Court for the Northern District of Georgia by Columbus Drywall & Insulation, Inc., Leo Jones Insulation, Inc., Southland Insulators, Inc., Southland Insulators of Maryland, Inc. d/b/a Devere Insulation, Southland Insulators of Delaware LLC d/b/a Delmarva Insulation, and Whitson Insulation Company of Grand Rapids, Inc. against the Company, its subsidiaries Masco Contractors Services Group Corp., Masco Contractor Services Central, Inc. ("MCS Central") and Masco Contractor Services East, Inc., and several insulation manufacturers (the "Columbus Drywall case"). In February 2009, the court certified a class of 377 insulation contractors. A trial date in this case had been scheduled in July 2012. The parties in this case reached a settlement in principle in July 2012, in which the Company and its insulation installation companies named in the lawsuit agreed to pay $75 million in return for dismissal with prejudice and full release of all claims, which was recorded by the Company in the second quarter of 2012. The Company and its insulation installation companies continue to deny that the challenged conduct was unlawful and admit no wrongdoing as part of the settlement. A settlement was reached to eliminate the considerable expense and uncertainty of this lawsuit. The settlement is subject to court approval. MIDWEST GENERATION: Illinois Class Suit Dismissal Bids Pending -------------------------------------------------------------- Midwest Generation, LLC's motions to dismiss two purported class action lawsuits initiated in Illinois remain pending, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. In January 2012, two complaints were filed against Midwest Generation in Illinois state court by residents living near the Crawford and Fisk Stations on behalf of themselves and all others similarly situated, each asserting claims of nuisance, negligence, trespass, and strict liability. The plaintiffs seek to have their lawsuits certified as a class action and request injunctive relief, as well as compensatory and punitive damages. The complaints are similar to two complaints previously filed in the Northern District of Illinois, which were dismissed in October 2011 for lack of federal jurisdiction. In March 2012, Midwest Generation filed motions to dismiss the cases, which are pending. Adverse decisions in these cases could involve penalties, remedial actions and damages that could have a material impact on the financial condition and results of operations of Midwest Generation. Midwest Generation cannot predict the outcome of these matters or estimate the impact on the Midwest Generation plants, or its results of operations, financial position or cash flows. Midwest Generation has not recorded a liability for these matters. MIDWEST GENERATION: Hurricane Katrina-Related Suit Appeal Pending ----------------------------------------------------------------- An appeal from the dismissal of a class action lawsuit against Midwest Generation, LLC's parent, Edison Mission Energy, remains pending, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. In March 2012, the federal district court in Mississippi dismissed, in its entirety, the purported class action complaint filed by private citizens in May 2011, naming a large number of defendants, including Midwest Generation's parent company, EME, for damages allegedly arising from Hurricane Katrina. In April 2012, the plaintiffs filed an appeal with the Fifth Circuit Court of Appeals. Plaintiffs allege that the defendants' activities resulted in emissions of substantial quantities of greenhouse gases that have contributed to climate change and sea level rise, which in turn are alleged to have increased the destructive force of Hurricane Katrina. The lawsuit alleges causes of action for negligence, public and private nuisance, and trespass, and seeks unspecified compensatory and punitive damages. The claims in this lawsuit are nearly identical to a subset of the claims that were raised against many of the same defendants in a previous lawsuit that was filed in, and dismissed by, the same federal district court where the current case has been filed. MY CLOTHES: Recalls 1,100 Children's Nightgowns and Pajama Sets --------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with My Clothes Inc., of Montgomery, Alabama, announced a voluntary recall of about 1,100 children's pajamas. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The pajamas fail to meet the federal flammability standards for children's sleepwear, posing a risk of burn injury to children. No incidents or injuries have been reported. Two types of pajamas are being recalled: a long-sleeved nightgown and a set consisting of a long-sleeved shirt and long pants. The long-sleeved nightgown, Style 14, is cotton knit with multi- colored polka dots. The sleeves and hem are ruffled. The shirt and pants set, Style 15 or Style 314RG, is cotton with a red and white gingham print pattern and white piping on the collar, sleeves and pant legs. The shirt has four buttons. The garments were sold in sizes 12 months through size 14. The style number and the words "PJs by My Clothes" are printed on tags sewn into the center back of the gown, the neck of the shirt and the rear waistband of the pants. Pictures of the recalled products are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12242.html The recalled products were manufactured in China and sold at children's boutiques and specialty retailers and online nationwide from August 2011 through December 2011 for between $35 and $45. Children should stop wearing the recalled sleepwear immediately and consumers should return it to the retailer where they purchased the pajamas for a full refund, exchange or store credit. For additional information, contact My Clothes Inc. at (855) 776- 6641 between 9:00 a.m. and 5:00 p.m. Eastern Time Monday through Friday or by e-mail at info@pjsbymyclothesinc.com, or visit the firm's Web site at http://www.pjsbymyclothesinc.com/ NISSAN NORTH: 9th Cir. Tosses Class Action Over E-Key System ------------------------------------------------------------ Lana Birbrair, writing for Law360, reports that the Ninth Circuit on Aug. 2 tossed most of a putative class action accusing Nissan North America Inc. of selling cars with a faulty electronic key system, finding a lower court was right to dismiss claims based on the Federal Motor Vehicle Safety Standards. In an unpublished order, the appellate court found that a California federal court correctly dismissed with prejudice claims stemming from the FMVSS. OPTOTRAFFIC: Faces Class Action Over Photo Enforcement Program -------------------------------------------------------------- TheNewspaper.com reports that a police officer in Riverdale Park, Maryland refuses to be a party to fraud. According to a class action lawsuit filed on Aug. 6 in Prince George's County Circuit Court, Corporal Clayton Alford was put in the position of having his name signed to speed camera citations that he did not review. The suit seeks to nullify every photo ticket the town and for- profit vendor Optotraffic issued since the program began in 2010. That could cost the town significant cash as the cameras brought in $1.9 million in revenue last year -- thirty percent of Riverdale Park's budget. Attorney Timothy P. Leahy, who filed the suit on behalf of ticket recipients, is armed with a smoking gun. He has e-mails that prove two non-police officers, Karen Coker and Tracy Perrin, issued citations after logging in under Alford's name while the officer was on vacation from February 17, 2010 to April 3, 2010. If proved, this violates Maryland Code Section 21-809, which explains a citation must include "a signed statement by a duly authorized law enforcement officer employed by or under contract with an agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of this subtitle." Section 3-101 of the code defines the law enforcement officer as someone authorized to make arrests who works for the police department. "Karen and I cleared out the approvals in queue over the weekend," Ms. Perrin wrote in a January 10, 2011 e-mail to Optotraffic's liaison to Riverdale Park, Angenette Criner. "This morning we had a few Maryland tags on day 14. Want to make you aware so that changes can be made on your end." This shows Optotraffic was aware Coker and Perrin were signing citations under Alford's name, even though the statute requires sign off on a ticket be "based on inspection of recorded images." Leahy cites sworn testimony of Optotraffic employees from a January 27 case involving Eastover Auto Supply. "We do not use photos that are taken at two independent times to estimate speed," Optotraffic employee John O'Connor testified. "Why? Because it's inaccurate. You can't do it . . . The photo is actually just secondary evidence that the vehicle was there and it was in motion, that it was there at the time of the occurrence. The speed is actually done by time-distance by one lidar device that has two beams that's pointed down at the road. The speed of the vehicle is calculated at that point." PEREGRINE FINANCIAL: Officers Sued Over Missing Customer's Funds ---------------------------------------------------------------- Jack Bouboushian at Courthouse News Service reports that in a federal class action against top officers of bankrupt Peregrine Financial Group, customers claim that the slightest investigation would have uncovered CEO Russell Wasendorf Sr.'s theft of $200 million over two decades. Lead plaintiff Marcus Ibrahim sued company founder Wasendorf Sr., former CEO and president Russell Wasendorf Jr., vice chairman Neil Aslin, CFO Brenda Cuypers, chief compliance officer Susan O'Meara, Peregrine's outside auditor Veraja-Snelling Co. and its owner Jeannie Veraja-Snelling, and U.S. Bank, which "had custody of PFG customers' segregated funds at relevant times." Mr. Wasendorf Sr. tried and failed to commit suicide in July, on the eve of a Commodity Futures Trading Commission lawsuit against him and Peregrine. Now Peregrine's customers demand restitution, claiming the defendants' lack of oversight allowed Mr. Wasendorf to swipe millions over two decades, and would have had the same result if "the defendants had actively plotted by Wasendorf Sr.'s side." In the CFTC's lawsuit, the regulator said Mr. Wasendorf and Peregrine could not account for more than $200 million of customer's funds. Mr. Ibrahim, a Peregrine customer, claims he lost hundreds of thousands of dollars due to Mr. Wasendorf's fraud. "From at least 1992, PFG founder Russell Wasendorf, Sr. misappropriated nearly $200 million in segregated customer funds to capitalize PFG, pay PFG's regulatory fines, and bankroll his own lavish personal spending," the complaint states. "Wasendorf Sr. concealed his theft by sending forged bank reports to regulators. To avoid detection, Mr. Wasendorf Sr. opened a post office box, and gave the post office box address to regulators as the address of the bank that was supposed to hold the segregated funds. "On July 9, 2012, when regulators were finally on the verge of detecting the theft, Wasendorf Sr. wrote notes confessing his crimes, and attempted to commit suicide by inhaling exhaust from his car. "Wasendorf Sr. was later arrested and indicted in federal court in Iowa. PFG filed for bankruptcy protection under Chapter 7 of the Bankruptcy Code, and a receiver was appointed. "Wasendorf Sr.'s scheme was brazen and blatant, and would have been easily detected upon even minimal investigation. However, none of the many parties who were in a position and under an obligation to detect the theft lifted a finger to do so." Mr. Ibrahim claims that the co-defendant corporate officers "failed utterly." "Despite the fact that Wasendorf Sr. carried out his scheme under their very noses, the officers abdicated all responsibility and willfully blinded themselves to the crime that was taking place within PFG," the complaint states. "Likewise, PFG's auditors, including Veraja-Snelling Company ('VSC') and Jeannie Veraja-Snelling ('Veraja-Snelling'), were responsible for the effects of the scheme. The auditors were under a duty to verify the accuracy of PFG's financial statements, including those regarding segregated customer funds. Despite the fact that the statements were completely polluted with misinformation, the auditors took no steps to effectively discharge their duties. "Finally, the custodians of PFG customers' segregated funds, including U.S. Bank, N.A. ('U.S. Bank'), failed to effectively respond to Wasendorf Sr.'s fraud. There can be no doubt that U.S. Bank was aware of the actual balance of PFG's customer segregated account at its branch in Cedar Falls, Iowa. U.S. Bank knew, or through even minimal investigation should have known, that the sub-$10 million balance in the account was woefully inadequate for a firm the size of PFG, and therefore should have made inquiries with the National Futures Association ('NFA'), PFG's designated self-regulatory organization, which would have uncovered the scheme. Moreover, U.S. Bank knew, or should have known that Wasendorf Sr. was using the signature of one of its own employees to forge his false bank reports. "The collective abdication of responsibility by the defendants created a 'perfect storm' for Wasendorf Sr.'s decades-long campaign of misappropriation of customer segregated funds. Vigilance by even one of the defendants would have revealed and ended the scheme. But all stood idle, and PFG's customers paid the price. The defendants' willful failure to exercise even a modicum of oversight is, in its effects, the same as if the defendants had actively plotted by Wasendorf Sr.'s side." Mr. Ibrahim seeks restitution and damages for violations of the Commodity Exchange Act, breach of fiduciary duty, conversion, tortious interference, negligence, negligent supervision, and aiding and abetting. A copy of the Complaint in Ibrahim v. Wasendorf, Sr., et al., Case No. 12-cv-06137 (N.D. Ill.), is available at: http://www.courthousenews.com/2012/08/07/Wasendorf.pdf The Plaintiff is represented by: Jennifer W. Sprengel, Esq. Nyran Rose Rasche, Esq. Daniel O. Herrera, Esq. CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP 30 North LaSalle Street, Suite 3200 Chicago, IL 60602 Telephone: (312) 782-4880 - and - Douglas G. Thompson, Esq. Michael G. McLellan, Esq. Robert O. Wilson, Esq. FINKELSTEIN THOMPSON LLP 1077 30th Street NW, Suite 150 Washington, DC 20007 Telephone: (202) 337-8000 E-mail: dthompson@finkelsteinthompson.com mmclellan@finkelsteinthompson.com rwilson@finkelsteinthompson.com QEP RESOURCES: Continues to Defend "Chieftain" Suit in Oklahoma --------------------------------------------------------------- Chieftain Royalty Company v. QEP Energy Company, Case No CJ2011-1, U. S. District Court for Oklahoma, filed on January 20, 2011, is a class action filed by a royalty owner on behalf of every royalty owner of QEP Energy, a QEP Resources, Inc. subsidiary, in the state of Oklahoma since 1988 asserting various claims for damages related to royalty valuation, including breach of contract, breach of fiduciary duty, fraud and conversion, based generally on asserted improper deduction of post-production costs. Because this case is in an early stage prior to full discovery, it is difficult to reasonably estimate potential liability. QEP Energy believes it has properly valued and paid royalty under Oklahoma law and will vigorously defend this claim. Because of the complexities and uncertainties of this legal dispute, including the early stage of discovery and the number of plaintiffs, it is difficult to predict all reasonably possible outcomes. No further updates were reported in the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. SHAWNEE COUNTY, KS: Former Treasurer Mulls Class Action ------------------------------------------------------- WIBW reports that a county official responded on Aug. 6 to news former Shawnee County Treasurer Rita Cline Rookstool is working on a class action lawsuit against Shawnee County and current Treasurer Larry Wilson. Ms. Rookstool told 13 News unwarranted delays and long lines that county motor vehicle office officials blame on the state's motor vehicle software change were actually caused by mismanagement of the changeover by Mr. Wilson and the county in general. Mr. Wilson referred all comment on the pending action to County Counselor Rich Eckert. He told 13 News on Aug. 6 that he has not seen anything filed yet. Regardless, he says the motor vehicle side of the treasurer's office is a state function so the county is the inappropriate entity against which to take action. In addition, Mr. Eckert says the county had no say in the system's purchase or its implementation. Ms. Rookstool says she wants at least 150 county residents to sign on to the class action lawsuit. She had no timetable for filing the suit. SP AUSNET: Black Saturday Fire Victims to Launch Class Action ------------------------------------------------------------- Sky News reports that a Victorian man who lost his family, home and business in the Marysville Black Saturday bushfire will lead a multimillion-dollar class action against an electricity company whose powerline is blamed for starting the blaze. Rod Liesfield's wife Elizabeth and their sons James, 14, and Matthew, 13, were killed in the February 2009 fire. His Marysville home and business were also destroyed by the devastating blaze. Mr. Liesfield, 58, will lead a Victorian Supreme Court class action against electricity company SP AusNet, on behalf of the hundreds of people affected by the Marysville/Murrindindi bushfire which killed 40 people and destroyed more than 500 homes. The damages claim may run into hundreds of millions of dollars, lawyers for the plaintiffs say. In a writ filed on Aug. 7, it is alleged the fire started because of an SP AusNet powerline that was poorly maintained. It is alleged that inspections of the pole failed to detect or report damage to a stay wire and failed to notice the inadequate distance between a stay wire and a conductor. Lawyer Andrew Watson from Maurice Blackburn said he believed there was a strong claim against SP AusNet. "It is plain that with 40 deaths and more than 500 homes burned, the scale of those losses is going to be very significant, running into the tens and perhaps hundreds of millions," he said. Mr. Watson said the case would be an opt-out class action that was "on behalf of all of the victims of the Murrindindi fire". The personal impact on Mr. Liesfield had been devastating, he said. "He lost his family in the fire. He lost his home. He lost his business," Mr. Watson said. "Just an unbelievable tragedy, but of course as we know multiplied manyfold throughout Victoria as a result of the events of that day." SP AusNet is already facing legal action over the Kilmore East fire which killed 119 people. In a statement to the Australian Securities Exchange on Aug. 6, SP AusNet said it had been provided with limited access to a report by Victoria Police to the coroner that implicated its electricity assets in the ignition of the Murrindindi fire. "SP AusNet has not yet had an opportunity to review the materials upon which the views expressed in the report are based," the statement said. "As presently informed, SP AusNet does not accept that its assets were involved in the ignition of the Murrindindi fire. "SP AusNet maintains insurance that it believes is appropriate to protect against bushfire and other major operating risks." The Aug. 7 writ also names the Department of Sustainability and Environment, the Country Fire Authority and the State of Victoria. It alleges the organizations failed in their duty to warn the public. TAKEDA PHARMA: Faces Actos Suit in Quebec; MDL in U.S. Pending -------------------------------------------------------------- An Actos class action lawsuit was filed in Quebec on behalf of individuals in the province who developed bladder cancer after using Actos, Bernstein Liebhard LLP reports. The lawsuit alleges that Actos manufacturers Takeda Pharmaceuticals and Eli Lilly were responsible for failing to warn consumers about the risks of Actos bladder cancer. The complaint was filed by lead plaintiff Jimmy Whyte, who took Actos to treat his type-2 diabetes in November 2008, and developed bladder cancer in April 2012. Actos is a popular diabetic drug that has been linked to an increased risk of bladder cancer. In June 2011, the U.S. Food and Drug Administration added a warning label for Actos, advising consumers that using the drug for longer than a year may increase the risk of developing bladder cancer. Health regulators in France removed Actos from the market, essentially issuing an Actos recall, in June 2011 after identifying the increased incidences of bladder cancer in Actos users. Actos Bladder Cancer Lawsuits Proceeds In U.S. Claims in the Actos bladder cancer class action lawsuit are similar to the complaints filed in the U.S. Actos bladder cancer lawsuits. Actos lawsuits in the U.S. are part of a multidistrict litigation, referred to as an MDL. Unlike a class action lawsuit, in an MDL, each claim remains an individual lawsuit. However, the court coordinates proceedings such as pre-trial discovery. Plaintiffs in the Actos lawsuits allege that the drug caused them to develop bladder cancer. Actos bladder cancer lawsuits are moving towards trial in the federal action, In re: Actos (Pioglitazone) Products Liability Litigation ("MDL No. 2299"), currently pending before the Honorable Rebecca Doherty in the U.S. District Court for the Western District of Louisiana. Those who developed bladder cancer as a result of taking Actos may be able to collect compensation for medical expenses, lost wages, pain and suffering, and more. TRW AUTOMOTIVE: Faces Antitrust Class Action Suits in Michigan -------------------------------------------------------------- TRW Automotive Holdings Corp. is facing class action lawsuits in Michigan, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 29, 2012. In June 2012, the Company was named as a defendant in purported class action lawsuits filed in the United States District Court for the Eastern District of Michigan on behalf of vehicle purchasers, lessors and dealers alleging that the Company and certain of its competitors conspired to fix and raise prices for Occupant Safety Systems products in the U.S. The Company says it intends to defend these cases vigorously. Management believes that the ultimate resolution of these cases will not have a material effect on the Company's financial statements as a whole. U.S. STEEL: Still Defends Antitrust Class Action Suits in Ill. ------------------------------------------------------------- United States Steel Corporation continues to defend itself from antitrust class action lawsuits in Illinois, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. In a series of lawsuits filed in federal court in the Northern District of Illinois beginning September 12, 2008, individual direct or indirect buyers of steel products have asserted that eight steel manufacturers, including U. S. Steel, conspired in violation of antitrust laws to restrict the domestic production of raw steel and thereby to fix, raise, maintain or stabilize the price of steel products in the United States. The cases are filed as class actions and claim treble damages for the period 2005 to present, but do not allege any damage amounts. U. S. Steel is vigorously defending these lawsuits and does not believe that it is probable a liability regarding these matters has been incurred. The Company is unable to estimate a range of possible loss at this time. VECTOR GROUP: Dec. 18 Judgment Bid Hearing in "Brown" Suit Set -------------------------------------------------------------- A hearing on summary judgment motions in a California class action lawsuit involving a subsidiary of Vector Group Ltd. is scheduled for December 18, 2012, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. Since 1954, Vector Group Ltd.'s subsidiary, Liggett Group LLC ("Liggett"), and other United States cigarette manufacturers have been named as defendants in numerous direct, third-party and purported class actions predicated on the theory that cigarette manufacturers should be liable for damages alleged to have been caused by cigarette smoking or by exposure to secondary smoke from cigarettes. New cases continue to be commenced against Liggett and other cigarette manufacturers. As of June 30, 2012, there were five actions pending for which either a class had been certified or plaintiffs were seeking class certification, where Liggett is a named defendant, including one alleged price fixing case. Other cigarette manufacturers are also named in these actions. In April 2001, in Brown v. Philip Morris USA, a California state court granted in part plaintiffs' motion for class certification and certified a class comprised of adult residents of California who smoked at least one of defendants' cigarettes "during the applicable time period" and who were exposed to defendants' marketing and advertising activities in California. In December 2010, defendants filed a motion for a determination that the class representatives set forth in plaintiffs' Tenth Amended Complaint lacked standing to pursue the claims. The motion was granted by the court. Plaintiffs moved to file an amended complaint adding new class representatives, which motion was granted by the court and in July 2011, plaintiffs filed their Eleventh Amended Complaint adding new putative class representatives. On January 31, 2012, defendants filed motions to decertify the class and challenging standing, typicality and adequacy of the newly named class representatives. After oral argument on May 24, 2012, the court found that three of the four plaintiffs were not adequate class representatives to assert the claims at issue. The court further narrowed the class claims to those involving the marketing and sale of "lights" cigarettes in California during the class period. A hearing on summary judgment motions is scheduled for December 18, 2012, and trial is scheduled to begin April 19, 2013. Vector Group Ltd. is a holding company and is principally engaged in the manufacture and sale of cigarettes in the United States through its Liggett Group LLC and Vector Tobacco Inc. subsidiaries. The Company is also engaged in the real estate business through its New Valley LLC subsidiary, which is seeking to acquire additional operating companies and real estate properties. New Valley owns 50% of Douglas Elliman Realty, LLC, which operates the largest residential brokerage company in the New York metropolitan area. VECTOR GROUP: "Parsons" Suit vs. Liggett Remains Stayed in W.V. --------------------------------------------------------------- The class action lawsuit captioned Parsons v. AC & S Inc. remains stayed in West Virginia, according to Vector Group Ltd.'s July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. Since 1954, Vector Group Ltd.'s subsidiary, Liggett Group LLC ("Liggett"), and other United States cigarette manufacturers have been named as defendants in numerous direct, third-party and purported class actions predicated on the theory that cigarette manufacturers should be liable for damages alleged to have been caused by cigarette smoking or by exposure to secondary smoke from cigarettes. New cases continue to be commenced against Liggett and other cigarette manufacturers. As of June 30, 2012, there were five actions pending for which either a class had been certified or plaintiffs were seeking class certification, where Liggett is a named defendant, including one alleged price fixing case. Other cigarette manufacturers are also named in these actions. In February 1998, in Parsons v. AC & S Inc., a case pending in West Virginia, a class was commenced on behalf of all West Virginia residents who allegedly have personal injury claims arising from exposure to cigarette smoke and asbestos fibers. The complaint seeks to recover $1 million in compensatory and punitive damages individually and unspecified compensatory and punitive damages for the class. The case is stayed as a result of the December 2000 bankruptcy of three of the defendants. Vector Group Ltd. is a holding company and is principally engaged in the manufacture and sale of cigarettes in the United States through its Liggett Group LLC and Vector Tobacco Inc. subsidiaries. The Company is also engaged in the real estate business through its New Valley LLC subsidiary, which is seeking to acquire additional operating companies and real estate properties. New Valley owns 50% of Douglas Elliman Realty, LLC, which operates the largest residential brokerage company in the New York metropolitan area. VECTOR GROUP: Plaintiffs Appeal Dismissal of "Smith" Class Suit --------------------------------------------------------------- Plaintiffs in the class action lawsuit captioned Smith v. Philip Morris appealed the dismissal of the case, which involves a subsidiary of Vector Group Ltd., according to Vector's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. Since 1954, Vector Group Ltd.'s subsidiary, Liggett Group LLC ("Liggett"), and other United States cigarette manufacturers have been named as defendants in numerous direct, third-party and purported class actions predicated on the theory that cigarette manufacturers should be liable for damages alleged to have been caused by cigarette smoking or by exposure to secondary smoke from cigarettes. New cases continue to be commenced against Liggett and other cigarette manufacturers. As of June 30, 2012, there were five actions pending for which either a class had been certified or plaintiffs were seeking class certification, where Liggett is a named defendant, including one alleged price fixing case. Other cigarette manufacturers are also named in these actions. In Smith v. Philip Morris, a Kansas state court case filed in February 2000, plaintiffs allege that cigarette manufacturers conspired to fix cigarette prices in violation of antitrust laws. Plaintiffs seek to recover an unspecified amount in actual and punitive damages. Class certification was granted in November 2001. On January 18, 2012, the trial court heard oral argument on defendants' motions for summary judgment and on March 23, 2012, the court granted the motions and dismissed plaintiffs' claims with prejudice. On July 18, 2012, plaintiffs noticed an appeal. Vector Group Ltd. is a holding company and is principally engaged in the manufacture and sale of cigarettes in the United States through its Liggett Group LLC and Vector Tobacco Inc. subsidiaries. The Company is also engaged in the real estate business through its New Valley LLC subsidiary, which is seeking to acquire additional operating companies and real estate properties. New Valley owns 50% of Douglas Elliman Realty, LLC, which operates the largest residential brokerage company in the New York metropolitan area. VECTOR GROUP: "Young" Suit vs. Unit Remains Stayed in Louisiana --------------------------------------------------------------- The class action lawsuit styled Young v. American Tobacco Co., which involves a subsidiary of Vector Group Ltd., remains stayed in Louisiana, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. Since 1954, Vector Group Ltd.'s subsidiary, Liggett Group LLC ("Liggett"), and other United States cigarette manufacturers have been named as defendants in numerous direct, third-party and purported class actions predicated on the theory that cigarette manufacturers should be liable for damages alleged to have been caused by cigarette smoking or by exposure to secondary smoke from cigarettes. New cases continue to be commenced against Liggett and other cigarette manufacturers. As of June 30, 2012, there were five actions pending for which either a class had been certified or plaintiffs were seeking class certification, where Liggett is a named defendant, including one alleged price fixing case. Other cigarette manufacturers are also named in these actions. In November 1997, in Young v. American Tobacco Co., a purported personal injury class action was commenced on behalf of plaintiff and all similarly situated residents in Louisiana who, though not themselves cigarette smokers, are alleged to have been exposed to secondhand smoke from cigarettes which were manufactured by the defendants, and who suffered injury as a result of that exposure. The plaintiffs seek to recover an unspecified amount of compensatory and punitive damages. In October 2004, the trial court stayed this case pending the outcome of an appeal in another matter, which has been concluded. There has been no further activity in Young. Vector Group Ltd. is a holding company and is principally engaged in the manufacture and sale of cigarettes in the United States through its Liggett Group LLC and Vector Tobacco Inc. subsidiaries. The Company is also engaged in the real estate business through its New Valley LLC subsidiary, which is seeking to acquire additional operating companies and real estate properties. New Valley owns 50% of Douglas Elliman Realty, LLC, which operates the largest residential brokerage company in the New York metropolitan area. VERISK ANALYTICS: Citizens' Suit No Longer Assert Class Claims -------------------------------------------------------------- Verisk Analytics, Inc. disclosed in its July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012, that the second amended complaint of a lawsuit involving its subsidiary no longer alleges class action claims. On February 28, 2012, the Company was served with a complaint filed in the Florida State Circuit Court for Pasco County naming Citizens Property Insurance Corporation ("Citizens") and the Company's Xactware subsidiary. The complaint alleged a class action seeking declaratory and injunctive relief against defendants and was brought on behalf of "all individuals who have purchased a new or renewed a property casualty insurance policy from Citizens" where Citizens used Xactware's 360Value product to determine replacement value of the property. On March 12, 2012, plaintiffs served their First Amended Complaint on Xactware additionally alleging that: (1) Citizens and Xactware knowingly made false statements to the plaintiff class concerning their properties' replacement cost values; (2) fraud against Xactware based on its alleged misrepresentation of the replacement value of plaintiffs' properties; (3) conspiracy against Citizens and Xactware based on their alleged artificial inflation of the value of plaintiffs' properties; and (4) products liability against Xactware, claiming Xactware defectively designed 360Value as used in the Florida insurance market. The First Amended Complaint sought declaratory and injunctive relief, as well as unspecified monetary damages alleged to be in excess of $1,000 for the class. On May 31, 2012, plaintiff served his Second Amended Complaint which no longer alleges a class action, but continues to allege: (1) that Citizens and Xactware artificially inflated the replacement cost value of plaintiff's property using 360Value; (2) fraud by Xactware; (3) a conspiracy between Citizens and Xactware; and (4) products liability against Xactware. The Second Amended Complaint similarly seeks declaratory and injunctive relief as well as damages representing the difference between the premium plaintiff paid to Citizens using 360Value and what the premium should have been if Citizens used an accurate replacement cost value for plaintiff's property. At this time, the Company says it is not possible to determine the ultimate resolution of, or estimate the liability related to, this matter. VERISK ANALYTICS: Unit Defends Suit Over Employment Records ----------------------------------------------------------- Verisk Analytics, Inc.'s subsidiary continues to defend a class action lawsuit related to employment records, according to the Company's July 31, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. On April 20, 2012, the Company was served with a complaint filed in Alameda County Superior Court in California naming the Company's subsidiary, Intellicorp Records, Inc. The complaint titled Jane Roe v. Intellicorp Records, Inc. et al. alleges a nationwide putative class action on behalf of all persons who have been the subject of a consumer report furnished to a third party by Intellicorp for employment purposes and whose report contained any negative public record of criminal arrest, charge or conviction during the five years preceding the filing of the action until final resolution. The complaint alleges that Intellicorp failed to implement policies and procedures designed to ensure that criminal record information provided to employers is complete and up to date, and failed to notify class members contemporaneously of the fact that criminal record information was being provided to their employers and prospective employers. The complaint seeks statutory damages for the class in an amount not less than one hundred dollars and not more than one thousand dollars per violation, punitive damages, costs and attorneys fees as well as unspecified monetary damages for the named plaintiff. At this time, the Company says it is not possible to determine the ultimate resolution of, or estimate the liability related to, this matter. ZEN MAGNETS: Sued Over Hazardous, High-Powered Magnetic Balls ------------------------------------------------------------- In an effort to prevent children from suffering further harm, U.S. Consumer Product Safety Commission (CPSC) staff filed an administrative complaint on August 7, 2012, against Zen Magnets LLC, of Denver, Colorado, alleging that their products contain defects in the design, packaging, warnings and instructions, which pose a substantial risk of injury [http://www.cpsc.gov/info/magnets/]to the public. The Commission voted 3-1 to approve the filing of the complaint [http://www.cpsc.gov/cpscpub/prerel/prhtml12/12243.pdf],which seeks, among other things, an order that the firm stop selling Zen Magnets(TM) Rare Earth Magnet Balls, notify the public of the defect and offer consumers a full refund. Eleven manufacturers and/or importers of sets of small, powerful, individual magnets, all of which are made in China, have voluntarily agreed to the CPSC staff's requests that they stop the manufacture, import, distribution and sale of their magnet products. Zen Magnets and Maxfield & Oberton (importer of Buckyballs(R) and Buckycubes(TM)) are the only companies that have refused to comply, to date. Zen Magnets are powerful, chrome-plated, rare earth magnet balls about 5 millimeters in diameter that are made in China and sold online in sets of 72, 216, and 1,728. The complaint explains that when two or more magnets are swallowed, they can pinch or trap the intestinal walls or other digestive tissue between them resulting in acute and long-term health consequences. Magnets that attract through the intestines result in progressive tissue injury. Such conditions can lead to infection, sepsis and possibly death. Medical professionals may not be aware of the dangers posed by ingestion and the corresponding need for immediate medical intervention in such cases, exacerbating the life-threatening internal injuries. The complaint alleges that the Commission has received reports of tweens and teenagers using similar products to mimic piercings of the tongue, lip or cheek which have resulted in incidents where the product is unintentionally inhaled and swallowed. The complaint alleges that in 2009 and 2010, the firm advertised and marketed the product as "fun to play with" strong rare earth magnets that "look good on cute people." It further alleges that in October 2011, the staff notified the firm that the product did not comply with the federal mandatory toy standard, ASTM Standard F963-08. The standard requires that such magnets not be marketed for children younger than 14. The complaint also alleges that the firm included a small slip of paper in some of the models that read: "Warning: DO NOT SWALLOW MAGNETS. How old do you have to be to play with these? Dunno. 14 years old in the U.S. for a strong magnetic toy, unless it's not a toy, then no age limit, but they're fun magnets spheres (sic), aren't they a toy? Unless it's a "science kit" then the government age recommendation is 8+. But really, it's whatever age at which a person stops swallowing non-foods." In 2011, Zen Magnets began to advertise their product as a "magnetic science kit." While the packaging warns that "strong magnets can cause fatal intestinal pinching," and advises to "keep away from kids and pets who don't understand these dangers," it also cautions consumers to "place swallowing magnets on your don't do list along with breathing water, drinking poison, and running into traffic." The complaint explains that recently, the firm posted on its Web site that "CPSC recommends minimum age of 14." The Commission staff alleges in its complaint that Zen Magnets warning and labeling are defective because they do not effectively communicate the hazard associated with ingestion of the product. The complaint further alleges that the product's design and packaging are also defective because they fail to prevent children from gaining access to the product, and do not allow parents or caregivers to know readily if a magnet is missing and is potentially within the reach of a young child. The complaint alleges that once separated from the packaging, the individual magnets themselves display no warning against ingestion or aspiration, and the small size of the individual magnets precludes the addition of such a warning. The Commission staff proposed the administrative complaint against Zen Magnets after discussions with the Company failed to result in a voluntary recall plan that CPSC staff considered adequate. CPSC staff seeks the remedies outlined in the complaint to stop further incidents and injuries to children. ZYNGA INC: Accused of Making False and Misleading Statements ------------------------------------------------------------ Steven T. Diemand, Individually and On Behalf of All Others Similarly Situated v. Zynga Inc., Mark Pincus, Reginald D. Davis, Jeff Karp, John Schappert and David M. Wehner, Case No. 3:12-cv- 04059 (N.D. Calif., August 1, 2012) is brought on behalf of purchasers of the Class A common stock of Zynga, who purchased or otherwise acquired Zynga shares between April 3, 2012, and July 25, 2012. The Defendants made widely-disseminated false and misleading statements and engaged in a scheme to deceive the market and a course of conduct that artificially inflated the price of Zynga Class A common stock, Mr. Diemand alleges. When the Defendants' prior misrepresentations and fraudulent conduct became apparent to the market after the close of trading on July 25, 2012, the price of Zynga Class A common stock fell precipitously. Mr. Diemand is a shareholder of the Company. He contends that as a result of his and other members' purchases of Zynga Class A common stock during the Class Period at artificially inflated prices, they suffered economic loss and damages under the federal securities laws. Zynga is a Delaware corporation based in San Francisco, California. Zynga provides social game services, accessed principally via the facebook.com Web site. The Company generates revenue primarily through the in-game sale of "virtual goods" to players, and advertising. The Individual Defendants are directors and officers of the Company. The Plaintiff is represented by: Lionel Z. Glancy, Esq. Michael Goldberg, Esq. Robert V. Prongay, Esq. GLANCY BINKOW & GOLDBERG LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 E-mail: lglancy@glancylaw.com mgoldberg@glancylaw.com info@glancylaw.com shareholders@glancylaw.com - and - Ethan D. Wohl, Esq. J. Elazar Fruchter, Esq. WOHL & FRUCHTER LLP 570 Lexington Avenue, 16th Floor New York, NY 10022 Telephone: (212) 758-4000 Facsimile: (212) 758-4004 E-mail: ewohl@wohlfruchter.com jfruchter@wohlfruchter.com ZYNGA INC: Failed to Disclose Necessary Information, Suit Says -------------------------------------------------------------- Jake Phillips, on behalf of himself and all others similarly situated v. Zynga, Inc., Mark Pincus, David M. Wehner, and John Schappert, Case No. 5:12-cv-04064 (N.D. Calif., August 1, 2012) is a federal class action on behalf of all persons, who purchased or otherwise acquired the common stock of Zynga between December 16, 2011 and July 25, 2012, for violations of the Securities Exchange Act of 1934. During the class period, Zynga projected strong earnings and growth projections regarding its games and games development, Mr. Phillips says. He alleges that unbeknownst to the investing public, however, Zynga was experiencing a sharp drop-off in users of its most profitable web games, and delays in developing new games to launch on social media platforms. He contends that the Company and the Individual Defendants made materially misleading statements, and failed to disclose information necessary to make various statements not materially misleading. Mr. Phillips is a shareholder of the Company. He purchased Zynga common stock during the Class Period, and suffered damages as a result of the Defendants' federal securities law violations. Zynga is incorporated in Delaware and headquartered in San Francisco, California. Zynga develops, markets, and operates online social games as live services played over the Internet and on social networking sites and mobile platforms. Zynga's free-to- play games generate revenue through the in-game sale of virtual goods. The Individual Defendants are directors and officers of the Company. The Plaintiff is represented by: Azra Z. Mehdi, Esq. THE MEHDI FIRM One Market Spear Tower, Suite 3600 San Francisco, CA 94105 Telephone: (415) 293-8039 Facsimile: (415) 293-8001 E-mail: azram@themehdifirm.com - and - Peter Safirstein, Esq. Domenico Minerva, Esq. Elizabeth Metcalf, Esq. MORGAN & MORGAN, P.C. Five Penn Plaza, 23rd Fl. New York, NY 10001 Telephone: (212) 564-1637 Facsimile: (212) 564-1807 E-mail: psafirstein@MorganSecLaw.com dminerva@MorganSecLaw.com emetcalf@MorganSecLaw.com ZYNGA INC: Misleads Shareholders, California Class Suit Says ------------------------------------------------------------ William B. Walker, Individually and on Behalf of All Others Similarly Situated v. Zynga, Inc., Mark Pincus, David M. Wehner and John Schappert, Case No. 3:12-cv-04066 (N.D. Calif., August 2, 2012) is a securities class action alleging violations of the anti-fraud provisions of the federal securities laws brought on behalf of all purchasers of Zynga common stock between December 16, 2011, and July 25, 2012. The representations made by the Defendants during the Class Period were materially false and misleading because the Defendants failed to disclose the true facts, which were known, or recklessly disregarded them, Mr. Walker alleges. He contends that the Company's December 15, 2011 Registration Statement failed to disclose (i) that under Zynga's agreements with Facebook, Zynga game cards could only be distributed and redeemed on Facebook until April 30, 2012, and (ii) the true extent of the current risk of Facebook policy changes on Zynga's bookings prospects and overall financial condition. Mr. Walker acquired the common stock of Zynga during the Class Period. Zynga is a provider of online networking games. Zynga is a Delaware corporation headquartered in San Francisco, California. The Individual Defendants are directors and officers of the Company. The Plaintiff is represented by: Shawn A. Williams, Esq. ROBBINS GELLER RUDMAN & DOWD LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: (415) 288-4545 Facsimile: (415) 288-4534 E-mail: shawnw@rgrdlaw.com - and - Darren J. Robbins, Esq. David C. Walton, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 E-mail: darrenr@rgrdlaw.com davew@rgrdlaw.com - and - Deborah R. Gross, Esq. LAW OFFICES BERNARD M. GROSS, P.C. Wanamaker Bldg., Suite 450 100 Penn Square East Philadelphia, PA 19107 Telephone: (215) 561-3600 Facsimile: (215) 561-3000 E-mail: debbie@bernardmgross.com Asbestos Litigation ASBESTOS UPDATE: MeadWestvaco Corp. Had 472 Suits at June 30 ------------------------------------------------------------ MeadWestvaco Corporation had 472 pending asbestos-related lawsuits at June 30, 2012, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. The Company states: "As with numerous other large industrial companies, the company has been named a defendant in asbestos- related personal injury litigation. Typically, these suits also name many other corporate defendants. To date, the costs resulting from the litigation, including settlement costs, have not been significant. As of June 30, 2012, there were approximately 472 lawsuits. Management believes that the company has substantial indemnification protection and insurance coverage, subject to applicable deductibles and policy limits, with respect to asbestos claims. The company has valid defenses to these claims and intends to continue to defend them vigorously. Additionally, based on its historical experience in asbestos cases and an analysis of the current cases, the company believes that it has adequate amounts accrued for potential settlements and judgments in asbestos- related litigation. "At June 30, 2012, the company had recorded litigation liabilities of approximately $43 million, a significant portion of which relates to asbestos. Should the volume of litigation grow substantially, it is possible that the company could incur significant costs resolving these cases. After consulting with legal counsel and after considering established liabilities, it is our judgment that the resolution of pending litigation and proceedings is not expected to have a material adverse effect on the company's consolidated financial condition or liquidity. In any given period or periods, however, it is possible such proceedings or matters could have a material effect on the results of operations." MeadWestvaco Corporation is a global packaging company that provides packaging solutions to many of the world's brands in the healthcare, beauty and personal care, food, beverage, tobacco and home and garden industries. MWV's other business operations serve the specialty chemicals, forestry and real estate markets. MWV's segments are (i) Food & Beverage, (ii) Home, Health & Beauty, (iii) Industrial, (iv) Specialty Chemicals, and (v) Community Development and Land Management. ASBESTOS UPDATE: Quaker Chemical Continues to Defend Claims ----------------------------------------------------------- Quaker Chemical Corporation continues to defend asbestos-related claims, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. The Company states: "An inactive subsidiary of the Company that was acquired in 1978 sold certain products containing asbestos, primarily on an installed basis, and is among the defendants in numerous lawsuits alleging injury due to exposure to asbestos. The subsidiary discontinued operations in 1991 and has no remaining assets other than the proceeds from insurance settlements received. To date, the overwhelming majority of these claims have been disposed of without payment and there have been no adverse judgments against the subsidiary. Based on a continued analysis of the existing and anticipated future claims against this subsidiary, it is currently projected that the subsidiary's total liability over the next 50 years for these claims is approximately $4,900,000 (excluding costs of defense). Although the Company has also been named as a defendant in certain of these cases, no claims have been actively pursued against the Company, and the Company has not contributed to the defense or settlement of any of these cases pursued against the subsidiary. These cases were handled by the subsidiary's primary and excess insurers who had agreed in 1997 to pay all defense costs and be responsible for all damages assessed against the subsidiary arising out of existing and future asbestos claims up to the aggregate limits of the policies. "A significant portion of this primary insurance coverage was provided by an insurer that is now insolvent, and the other primary insurers have asserted that the aggregate limits of their policies have been exhausted. The subsidiary challenged the applicability of these limits to the claims being brought against the subsidiary. In response, two of the three carriers entered into separate settlement and release agreements with the subsidiary in late 2005 and in the first quarter of 2007 for $15,000,000 and $20,000,000, respectively. The payments under the latest settlement and release agreement were structured to be received over a four-year period with annual installments of $5,000,000, the final installment of which was received in the first quarter of 2010. The proceeds of both settlements are restricted and can only be used to pay claims and costs of defense associated with the subsidiary's asbestos litigation. During the third quarter of 2007, the subsidiary and the remaining primary insurance carrier entered into a Claim Handling and Funding Agreement, under which the carrier will pay 27% of defense and indemnity costs incurred by or on behalf of the subsidiary in connection with asbestos bodily injury claims for a minimum of five years beginning July 1, 2007. The agreement continues until terminated and can only be terminated by either party by providing the other party with a minimum of two years prior written notice. "At the end of the term of the agreement, the subsidiary may choose to again pursue its claim against this insurer regarding the application of the policy limits. The Company also believes that, if the coverage issues under the primary policies with the remaining carrier are resolved adversely to the subsidiary and all settlement proceeds were used, the subsidiary may have limited additional coverage from a state guarantee fund established following the insolvency of one of the subsidiary's primary insurers. Nevertheless, liabilities in respect of claims may exceed the assets and coverage available to the subsidiary. "If the subsidiary's assets and insurance coverage were to be exhausted, claimants of the subsidiary may actively pursue claims against the Company because of the parent-subsidiary relationship. Although asbestos litigation is particularly difficult to predict, especially with respect to claims that are currently not being actively pursued against the Company, the Company does not believe that such claims would have merit or that the Company would be held to have liability for any unsatisfied obligations of the subsidiary as a result of such claims. After evaluating the nature of the claims filed against the subsidiary and the small number of such claims that have resulted in any payment, the potential availability of additional insurance coverage at the subsidiary level, the additional availability of the Company's own insurance and the Company's strong defenses to claims that it should be held responsible for the subsidiary's obligations because of the parent-subsidiary relationship, the Company believes it is not probable that the Company will incur any material losses. All of the asbestos cases pursued against the Company challenging the parent-subsidiary relationship are in the early stages of litigation. The Company has been successful to date having claims naming it dismissed during initial proceedings. Since the Company may be in this early stage of litigation for some time, it is not possible to estimate additional losses or range of loss, if any." Quaker Chemical Corporation develops, produces and markets a range of formulated chemical specialty products for various heavy industrial and manufacturing applications and, in addition, offers and markets chemical management services. ASBESTOS UPDATE: PPG Reported $642MM Current Liability at June 30 ----------------------------------------------------------------- PPG Industries, Inc., reported $642 million as a current asbestos liability at June 30, 2012, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for quarter ended June 30, 2012. For over 30 years, PPG has been a defendant in lawsuits involving claims alleging personal injury from exposure to asbestos. Most of PPG's potential exposure relates to allegations by plaintiffs that PPG should be liable for injuries involving asbestos-containing thermal insulation products, known as Unibestos, manufactured and distributed by Pittsburgh Corning Corporation ("PC"). PPG and Corning Incorporated are each 50% shareholders of PC. PPG has denied responsibility for, and has defended, all claims for any injuries caused by PC products. As of April 16, 2000, PPG was one of many defendants in numerous asbestos-related lawsuits involving approximately 114,000 claims served on PPG. On April 16, 2000, PC filed for Chapter 11 Bankruptcy in the U.S. Bankruptcy Court for the Western District of Pennsylvania located in Pittsburgh, Pennsylvania. On May 14, 2002, PPG announced that it had agreed with several other parties, including certain of its insurance carriers, the official committee representing asbestos claimants in the PC bankruptcy, and the legal representatives of future asbestos claimants appointed in the PC bankruptcy, on the terms of a settlement arrangement relating to certain asbestos claims against PPG and PC -- 2002 PPG Settlement Arrangement. On March 28, 2003, Corning Incorporated announced that it had separately reached its own arrangement with the representatives of asbestos claimants for the settlement of certain asbestos claims against Corning Incorporated and PC -- 2003 Corning Settlement Arrangement. A modified third amended PC plan of reorganization, including a modified PPG settlement arrangement -- 2009 PPG Settlement Arrangement -- was filed with the Bankruptcy Court on January 29, 2009. On June 16, 2011 the Bankruptcy Court issued a decision denying confirmation of the third amended PC plan. Although denying confirmation, PPG believes that the decision viewed favorably many features of that plan. Since the June 16, 2011 ruling, the third amended plan of reorganization has been the subject of negotiations among the parties in interest, amendments, proposed amendments and hearings. On April 20, 2012, PC filed plan materials with proposed amendments to the third amended PC plan of reorganization, which PPG believes would, upon adoption as a final amended plan, resolve all of the issues raised by the Bankruptcy Court in its June 16, 2011 ruling. On June 21, 2012, the Bankruptcy Court heard argument regarding whether the remaining insurer objectors had standing to continue to prosecute their objections to the plan materials. The Bankruptcy Court did not rule at that time on the question of the remaining insurer objectors' standing, but took the matter under advisement. On July 17, 2012, the Bankruptcy Court issued an order setting forth the schedule for finalizing an amended plan and moving the PC bankruptcy reorganization proceedings forward. Specifically, the Bankruptcy Court ordered that an amended plan of reorganization be filed on or before August 20, 2012. The order also provides for further proceedings in connection with potential objections to that plan and schedules a hearing for October 10, 2012 for the purpose of determining whether an evidentiary hearing on such amended PC plan of reorganization would be needed and for arguments on objections, if any. PPG is working with PC and the other interested parties toward the filing of an amended PC plan of reorganization as ordered by the Bankruptcy Court. If an amended PC plan of reorganization is not filed by August 20, 2012, then the order provides that a rule to show cause hearing shall be held on October 10, 2012 for the purpose of determining whether the PC Chapter 11 bankruptcy case should be dismissed or converted to a liquidation. PPG management believes that an amended plan will be filed as ordered by the Bankruptcy Court and that the October 10, 2012 proceedings will be for the purpose of determining next steps toward confirmation of such plan. The 2009 PPG Settlement Arrangement will not become effective until an amended PC plan of reorganization is finally approved by an appropriate court order that is no longer subject to appellate review, and PPG's initial contributions will not be due until 30 business days thereafter. While management believes that the vast majority of the approximately 114,000 claims against PPG alleging personal injury from exposure to asbestos relate to products manufactured, distributed or sold by PC, the potential liability for any non-PC Relationship Claims will be retained by PPG. Because a determination of whether an asbestos claim is a non-PC Relationship Claim would typically not be known until shortly before trial and because the filing and prosecution of asbestos claims (other than certain premises claims) against PPG has been enjoined since April 2000, the actual number of non-PC Relationship Claims that may be pending at the expiration of the stay or the number of additional claims that may be filed against PPG in the future cannot be determined at this time. PPG does not expect the Bankruptcy Court to lift the stay until after confirmation or rejection of the third amended PC plan of reorganization, as amended. PPG intends to defend against all such claims vigorously and their ultimate resolution in the court system is expected to occur over a period of years. PPG and its primary insurers have settled approximately 500 premises claims. PPG's insurers agreed to provide insurance coverage for a major portion of the payments made in connection with the settled claims, and PPG accrued the portion of the settlement amounts not covered by insurance. PPG, in conjunction with its primary insurers as appropriate, evaluates the factual, medical, and other relevant information pertaining to additional claims as they are being considered for potential settlement. The number of such claims under consideration for potential settlement, currently approximately 380, varies from time to time. PPG has no obligation to pay any amounts under the third amended PC plan of reorganization, as amended until the Funding Effective Date. PPG's obligation under the 2009 PPG Settlement Arrangement at December 31, 2008 was $162 million less than the amount that would have been due under the 2002 PPG Settlement Arrangement. PPG's reserve at June 30, 2012 and December 31, 2011 for asbestos- related claims that will not be channeled to the Asbestos Settlement Trust is $162 million. In addition, under the 2009 PPG Settlement Arrangement, PPG will retain for its own account rights to recover proceeds from certain historical insurance assets, including policies issued by non-participating insurers. Rights to recover these proceeds would have been assigned to the Trust by PPG under the 2002 PPG Settlement Arrangement. Of the total obligation of $873 million under the 2009 PPG Settlement Arrangement at June 30, 2012, $642 million is reported as a current liability and the present value of the payments due in the years 2014 to 2023 totaling $231 million is reported as a non-current liability in the accompanying condensed consolidated balance sheet. PPG Industries, Inc., is a global supplier of protective and decorative coatings. ASBESTOS UPDATE: Flowserve Corp. Still Defends PI Claims -------------------------------------------------------- Flowserve Corporation continues to defend asbestos-related claims, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. The Company states: "We are a defendant in a substantial number of lawsuits that seek to recover damages for personal injury allegedly caused by exposure to asbestos-containing products manufactured and/or distributed by our heritage companies in the past. While the overall number of asbestos-related claims has generally declined in recent years, there can be no assurance that this trend will continue, or that the average cost per claim will not further increase. Asbestos-containing materials incorporated into any such products were primarily encapsulated and used as internal components of process equipment, and we do not believe that any significant emission of asbestos fibers occurred during the use of this equipment. "Our practice is to vigorously contest and resolve these claims, and we have been successful in resolving a majority of claims with little or no payment. Historically, a high percentage of resolved claims have been covered by applicable insurance or indemnities from other companies, and we believe that a substantial majority of existing claims should continue to be covered by insurance or indemnities. Accordingly, we have recorded a liability for our estimate of the most likely settlement of asserted claims and a related receivable from insurers or other companies for our estimated recovery, to the extent we believe that the amounts of recovery are probable and not otherwise in dispute. While unfavorable rulings, judgments or settlement terms regarding these claims could have a material adverse impact on our business, financial condition, results of operations and cash flows, we currently believe the likelihood is remote. In one asbestos insurance related matter, we have a claim in litigation against relevant insurers substantially in excess of the recorded receivable. If our claim is resolved more favorably than reflected in this receivable, we would benefit from a gain in the amount of such excess. We are currently unable to estimate the impact, if any, of unasserted asbestos-related claims, although future claims would also be subject to then existing indemnities and insurance coverage." Flowserve Corporation is a manufacturer and aftermarket service provider of comprehensive flow control systems. Flowserve develops and manufactures precision-engineered flow control equipment integral to the movement, control and protection of the flow of materials. ASBESTOS UPDATE: TriMas Corp. Had 1,089 Pending Cases at June 30 ---------------------------------------------------------------- As of June 30, 2012, TriMas Corporation was a party to 1,089 pending cases involving an aggregate of 7,911 claimants alleging personal injury from exposure to asbestos containing materials formerly used in gaskets (both encapsulated and otherwise) manufactured or distributed by certain of the Company's subsidiaries for use primarily in the petrochemical refining and exploration industries, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. Fiscal Year Ended Six Months Ended December 31, 2011 June 30, 2012 ----------------- ---------------- Claims pending at 8,200 8,048 beginning of period Claims filed 476 185 during period Claims dismissed 607 310 during period Claims settled 21 12 during period Average settlement $14,300 $17,858 amount per claim during period Total defense costs $2,510,000 $1,460,000 During period The Company acquired various companies to distribute its products that had distributed gaskets of other manufacturers prior to acquisition. The Company believes that many of its pending cases relate to locations at which none of its gaskets were distributed or used. The Company may be subjected to significant additional asbestos- related claims in the future, the cost of settling cases in which product identification can be made may increase, and the Company may be subjected to further claims in respect of the former activities of its acquired gasket distributors. The Company is unable to make a meaningful statement concerning the monetary claims made in the asbestos cases given that, among other things, claims may be initially made in some jurisdictions without specifying the amount sought or by simply stating the requisite or maximum permissible monetary relief, and may be amended to alter the amount sought. The large majority of claims do not specify the amount sought. Of the 7,911 claims pending at June 30, 2012, 77 set forth specific amounts of damages (other than those stating the statutory minimum or maximum). Total settlement costs (exclusive of defense costs) for all such cases, some of which were filed over 20 years ago, have been approximately $6.3 million. All relief sought in the asbestos cases is monetary in nature. To date, approximately 40% of the Company's costs related to settlement and defense of asbestos litigation have been covered by its primary insurance. Effective February 14, 2006, the Company entered into a coverage-in-place agreement with its first level excess carriers regarding the coverage to be provided to the Company for asbestos-related claims when the primary insurance is exhausted. The coverage-in-place agreement makes asbestos defense costs and indemnity coverage available to the Company that might otherwise be disputed by the carriers and provides a methodology for the administration of such expenses. Nonetheless, the Company believes it is likely there will be a period within the next one or two years, prior to the commencement of coverage under this agreement and following exhaustion of the Company's primary insurance coverage, during which the Company will be solely responsible for defense costs and indemnity payments, the duration of which would be subject to the scope of damage awards and settlements paid. Based on the settlements made to date and the number of claims dismissed or withdrawn for lack of product identification, the Company believes that the relief sought (when specified) does not bear a reasonable relationship to its potential liability. Based upon the Company's experience to date, including the trend in annual defense and settlement costs incurred to date, and other available information (including the availability of excess insurance), the Company does not believe these cases will have a material adverse effect on its financial position and results of operations or cash flows. TriMas Corporation designs, manufactures, and distributes various products for commercial, industrial, and consumer markets worldwide. ASBESTOS UPDATE: Foster Wheeler Still Defends U.S. & U.K. Claims ---------------------------------------------------------------- Foster Wheeler AG had 124,680 open asbestos claims in the United States and 299 open asbestos claims in the United Kingdom at June 30, 2012, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. The Company states: "Some of our U.S. and U.K. subsidiaries are defendants in numerous asbestos-related lawsuits and out-of-court informal claims pending in the U.S. and the U.K. Plaintiffs claim damages for personal injury alleged to have arisen from exposure to or use of asbestos in connection with work allegedly performed by our subsidiaries during the 1970s and earlier. United States "At June 30, 2012, there were 124,680 open claims in the United States. Total U.S. asbestos-related liabilities at June 30, 2012, were $269,699,000. "Our estimated asbestos liability decreased during the first six months of 2012 as a result of indemnity and defense cost payments totaling approximately $28,600, partially offset by an increase of $4,000 related to the accrual of our rolling 15-year asbestos- related liability estimate. The total asbestos-related liabilities are comprised of our estimates for our liability relating to open (outstanding) claims being valued and our liability for future unasserted claims through the second quarter of 2027. "Over the last several years, certain of our subsidiaries have entered into settlement agreements calling for insurers to make lump-sum payments, as well as payments over time, for use by our subsidiaries to fund asbestos-related indemnity and defense costs and, in certain cases, for reimbursement for portions of out-of- pocket costs previously incurred. "As of June 30, 2012 and December 31, 2011, we have not recorded an allowance for uncollectible balances against our asbestos- related insurance assets. We write-off receivables from insurers that have become insolvent; there have been no such write-offs during the six months ended June 30, 2012 and 2011. During 2011, we reached an agreement with an insurer that was under bankruptcy liquidation and for which we had written-off our receivable prior to 2011. The asset awarded under the bankruptcy liquidation for this insurer was $4,500,000 and was included in our asbestos- related assets as of December 31, 2011. This receivable was subsequently collected during the first six months of 2012. Other insurers may become insolvent in the future and our insurers may fail to reimburse amounts owed to us on a timely basis. If we fail to realize the expected insurance recoveries, or experience delays in receiving material amounts from our insurers, our business, financial condition, results of operations and cash flows could be materially adversely affected. "We expect to have net cash outflows of $7,900,000 during the full year 2012 as a result of asbestos liability indemnity and defense payments in excess of insurance settlement proceeds. This estimate assumes no additional settlements with insurance companies and no elections by us to fund additional payments. "Based on our December 31, 2011 liability estimate, an increase of 25% in the average per claim indemnity settlement amount would increase the liability by $47,700,000 and the impact on expense would be dependent upon available additional insurance recoveries. United Kingdom "To date, 1,008 claims have been brought against our U.K. subsidiaries, of which 299 remained open as of June 30, 2012. None of the settled claims have resulted in material costs to us. "Total United Kingdom asbestos-related liabilities were $27,761,000 at June 30, 2012. "The liability estimates are based on a U.K. House of Lords judgment that pleural plaque claims do not amount to a compensable injury and accordingly, we have reduced our liability assessment. If this ruling is reversed by legislation, the total asbestos liability recorded in the U.K. would be approximately $41,000,000, with a corresponding increase in the asbestos-related asset. Foster Wheeler AG operate through two business groups: the Global Engineering and Construction Group (Global E&C Group), and its Global Power Group. Foster Wheeler serves industries, including oil and gas, oil refining, chemical/petrochemical, pharmaceutical; environmental, metals and mining, power generation and power plant operation and maintenance. ASBESTOS UPDATE: Midwest Generation Had 218 Cases at June 30 ------------------------------------------------------------ Edison International, Edison Mission Energy and Midwest Generation, LLC, disclosed in their Form 10-Q filings with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012, that there were approximately 218 asbestos- related cases for which Midwest Generation was potentially liable that had not been settled and dismissed at June 30, 2012. Midwest Generation entered into a supplemental agreement with Commonwealth Edison and Exelon Generation Company LLC on February 20, 2003 to resolve a dispute regarding interpretation of Midwest Generation's reimbursement obligation for asbestos claims under the environmental indemnities set forth in the Asset Sale Agreement. Under this supplemental agreement, Midwest Generation agreed to reimburse Commonwealth Edison and Exelon Generation for 50% of specific asbestos claims pending as of February 2003 and related expenses less recovery of insurance costs, and agreed to a sharing arrangement for liabilities and expenses associated with future asbestos-related claims as specified in the agreement. The obligations under this agreement are not subject to a maximum liability. The supplemental agreement had an initial five-year term with an automatic renewal provision for subsequent one-year terms (subject to the right of either party to terminate); pursuant to the automatic renewal provision, it has been extended until February 2013. There were approximately 218 cases for which Midwest Generation was potentially liable that had not been settled and dismissed at June 30, 2012. Midwest Generation had recorded a liability of $53 million at June 30, 2012 related to this contractual indemnity, included in benefit plans and other long-term liabilities on its consolidated balance sheets. Edison International is a holding company of Southern California Edison Company (SCE), a California public utility corporation and Edison Mission Group Inc. (EMG), a power generation company. Edison Mission Energy (EME) is a subsidiary of EMG. Midwest Generation, LLC, is a subsidiary of EME that owns and/or leases, and that operates, six electric power generating plants in Illinois and supervises operation of the EME Homer City Generation plant in Homer City, Pennsylvania. ASBESTOS UPDATE: U.S. Steel Had 735 Active Cases at June 30 ----------------------------------------------------------- As of June 30, 2012, United States Steel Corporation was a defendant in approximately 735 active asbestos-related cases involving approximately 3,275 plaintiffs, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. Many of these cases involve multiple defendants (typically from 50 to more than 100). About 2,570, or approximately 78%, of these plaintiff claims are currently pending in jurisdictions which permit filings with massive numbers of plaintiffs. Based upon U.S. Steel's experience in such cases, it believes that the actual number of plaintiffs who ultimately assert claims against U.S. Steel will likely be a small fraction of the total number of plaintiffs. During the six months ended June 30, 2012, U.S. Steel paid approximately $7 million in settlements. These settlements and other dispositions resolved approximately 80 claims. New case filings in the first six months of 2012 added approximately 120 claims. At December 31, 2011, U.S. Steel was a defendant in approximately 695 active cases involving approximately 3,235 plaintiffs. During 2011, U.S. Steel paid approximately $8 million in settlements. These settlements and other dispositions resolved approximately 130 claims. New case filings in the year ended December 31, 2011 added approximately 275 claims. Most claims filed in 2012 and 2011 involved individual or small groups of claimants as many jurisdictions no longer permit the filing of mass complaints. Historically, these claims against U.S. Steel fall into three major groups: (1) claims made by persons who allegedly were exposed to asbestos at U.S. Steel facilities (referred to as "premises claims"); (2) claims made by industrial workers allegedly exposed to products manufactured by U.S. Steel; and (3) claims made under certain federal and general maritime laws by employees of former operations of U.S. Steel. In general, the only insurance available to U.S. Steel with respect to asbestos claims is excess casualty insurance, which has multi-million dollar retentions. To date, U.S. Steel has received minimal payments under these policies relating to asbestos claims. These asbestos cases allege a variety of respiratory and other diseases based on alleged exposure to asbestos. U.S. Steel is currently a defendant in cases in which a total of approximately 245 plaintiffs allege that they are suffering from mesothelioma. The potential for damages against defendants may be greater in cases in which the plaintiffs can prove mesothelioma. In many cases in which claims have been asserted against U.S. Steel, the plaintiffs have been unable to establish any causal relationship to U.S. Steel or its products or premises; however, with the decline in mass plaintiff cases, the incidence of claimants actually alleging a claim against U.S. Steel is increasing. In addition, in many asbestos cases, the claimants have been unable to demonstrate that they have suffered any identifiable injury or compensable loss at all; that any injuries that they have incurred did in fact result from alleged exposure to asbestos; or that such alleged exposure was in any way related to U.S. Steel or its products or premises. The amount U.S. Steel has accrued for pending asbestos claims is not material to U.S. Steel's financial position. U.S. Steel does not accrue for unasserted asbestos claims because it is not possible to determine whether any loss is probable with respect to such claims or even to estimate the amount or range of any possible losses. The vast majority of pending claims against U.S. Steel allege so-called "premises" liability-based alleged exposure on U.S. Steel's current or former premises. These claims are made by an indeterminable number of people such as truck drivers, railroad workers, salespersons, contractors and their employees, government inspectors, customers, visitors and even trespassers. In most cases the claimant also was exposed to asbestos in non-U.S. Steel settings; the relative periods of exposure between U.S. Steel and non-U.S. Steel settings vary with each claimant; and the strength or weakness of the causal link between U.S. Steel exposure and any injury vary widely as do the nature and severity of the injury claimed. It is not possible to predict the ultimate outcome of asbestos- related lawsuits, claims and proceedings due to the unpredictable nature of personal injury litigation. Despite this uncertainty, management believes that the ultimate resolution of these matters will not have a material adverse effect on U.S. Steel's financial condition, although the resolution of such matters could significantly impact results of operations for a particular quarter. Among the factors considered in reaching this conclusion are: (1) the generally declining trend in the number of claims; (2) that it has been many years since U.S. Steel employed maritime workers or manufactured or sold asbestos containing products; and (3) U.S. Steel's history of trial outcomes, settlements and dismissals. United States Steel Corporation produces and sells steel mill products, including flat-rolled and tubular products, in North America and Central Europe. Operations in North America also include transportation services (railroad and barge operations) and real estate operations. ASBESTOS UPDATE: TRW Automotive Units Continue to Defend Claims --------------------------------------------------------------- TRW Automotive Holdings Corp.'s subsidiaries continue to defend asbestos-related claims, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 29, 2012. While certain of the Company's subsidiaries have been subject in recent years to asbestos-related claims, management believes that such claims will not have a material adverse effect on the Company's financial statements. In general, these claims seek damages for illnesses alleged to have resulted from exposure to asbestos used in certain components sold in the past by the Company's subsidiaries. Management believes that the majority of the claimants were vehicle mechanics. The vast majority of these claims name as defendants numerous manufacturers and suppliers of a variety of products allegedly containing asbestos. Management believes that, to the extent any of the products sold by the Company's subsidiaries and at issue in these cases contained asbestos, the asbestos was encapsulated. Based upon several years of experience with such claims, management believes that only a small proportion of the claimants has or will ever develop any asbestos-related illness. Neither settlement costs in connection with asbestos claims nor annual legal fees to defend these claims have been material in the past. These claims are strongly disputed by the Company and it has been its policy to defend against them aggressively. Many of these cases have been dismissed without any payment whatsoever. Moreover, there is significant insurance coverage with solvent carriers with respect to these claims. However, while costs to defend and settle these claims in the past have not been material, there can be no assurances that this will remain so in the future. TRW Automotive Holdings Corp. is among the world's largest and most diversified suppliers of automotive systems, modules and components to global automotive original equipment manufacturers and related aftermarkets. The Company conducts substantially all of its operations through subsidiaries. These operations primarily encompass the design, manufacture and sale of active and passive safety related products. ASBESTOS UPDATE: Ashland Inc. Had 69 Open Claims at June 30 ----------------------------------------------------------- Ashland Inc. had 69 open asbestos-related claims at June 30, 2012, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. The claims alleging personal injury caused by exposure to asbestos asserted against Ashland result primarily from indemnification obligations undertaken in 1990 in connection with the sale of Riley Stoker Corporation, a former subsidiary. During the most recent annual update of the Company's best estimate of future payments for litigation defense and claim settlement costs, completed during the June 2012 quarter, it was determined that the liability for asbestos claims should be increased by $11 million. Total reserves for asbestos claims were $529 million at June 30, 2012 compared to $543 million at September 30, 2011. Ashland has insurance coverage for most of the litigation defense and claim settlement costs incurred in connection with its asbestos claims, and coverage-in-place agreements exist with the insurance companies that provide most of the coverage currently being accessed. As a result, increases in the asbestos reserve have been largely offset by probable insurance recoveries. The amounts not recoverable generally are due from insurers that are insolvent, rather than as a result of uninsured claims or the exhaustion of Ashland's insurance coverage. For the Ashland asbestos-related obligations, Ashland has estimated the value of probable insurance recoveries associated with its asbestos reserve based on management's interpretations and estimates surrounding the available or applicable insurance coverage, including an assumption that all solvent insurance carriers remain solvent. Approximately 69% of the estimated receivables from insurance companies are expected to be due from domestic insurers, of which approximately 84% have a credit rating of B+ or higher by A. M. Best, as of June 30, 2012. The remainder of the insurance receivable is due from London insurance companies, which generally have lower credit quality ratings, and from Underwriters at Lloyd's, whose insurance policy obligations have been transferred to a Berkshire Hathaway entity. Ashland discounts this piece of the receivable based upon the projected timing of the receipt of cash from those insurers unless likely settlement amounts can be determined. During 2010, Ashland entered into a new agreement with a number of London market insurance companies with respect to coverage for asbestos-related insurance claims. As a result, a $12 million increase to the Ashland asbestos receivable was recorded within the Condensed Consolidated Balance Sheet, which had a $9 million (after-tax) effect on the Statement of Consolidated Income within the discontinued operations caption. During the nine months ended June 2012, Ashland received $7 million in cash after reaching a settlement with certain insolvent London market insurance companies. At June 30, 2012, Ashland's receivable for recoveries of litigation defense and claim settlement costs from insurers amounted to $426 million, of which $54 million relates to costs previously paid. Receivables from insurers amounted to $431 million at September 30, 2011. During the June 2012 quarter, the annual update of the model used for purposes of valuing the asbestos reserve, and its impact on valuation of future recoveries from insurers, was completed. This model update resulted in an additional $19 million increase in the receivable for probable insurance recoveries. Ashland Inc. operates as a specialty chemicals company in the United States and internationally. ASBESTOS UPDATE: Ashland Unit Had 21 Open Claims at June 30 ----------------------------------------------------------- Ashland Inc.'s wholly-owned subsidiary Hercules had 21 open asbestos-related claims at June 30, 2012, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. Hercules, a wholly owned subsidiary of Ashland, has liabilities from claims alleging personal injury caused by exposure to asbestos. Such claims typically arise from alleged exposure to asbestos fibers from resin encapsulated pipe and tank products which were sold by one of Hercules' former subsidiaries to a limited industrial market. The amount and timing of settlements and number of open claims can fluctuate significantly from period to period. During the most recent annual update of the best estimate of future payments for litigation defense and claim settlement costs, completed during the June 2012 quarter, it was determined that the liability for Hercules asbestos related claims should be increased by $30 million. Total reserves for asbestos claims were $326 million at June 30, 2012 compared to $311 million at September 30, 2011. As of June 30, 2012 and September 30, 2011, the receivables from insurers amounted to $56 million and $48 million, respectively. As previously mentioned, during the June 2012 quarter, the annual update of the model used for purposes of valuing the asbestos reserve and its impact on valuation of future recoveries from insurers was completed. This model update caused a $9 million increase in the receivable for probable insurance recoveries. Ashland has currently estimated in various models ranging from approximately 40 to 50 year periods that it is reasonably possible that total future litigation defense and claim settlement costs on an inflated and undiscounted basis could range as high as approximately $830 million for the Ashland asbestos-related litigation and approximately $500 million for the Hercules asbestos-related litigation (or approximately $1.3 billion in the aggregate), depending on the combination of assumptions selected in the various models. If actual experience is worse than projected, relative to the number of claims filed, the severity of alleged disease associated with those claims or costs incurred to resolve those claims, Ashland may need to further increase the estimates of the costs associated with asbestos claims and these increases could be material over time. Ashland Inc. operates as a specialty chemicals company in the United States and internationally. ASBESTOS UPDATE: Hundreds of Fibro Exposure Claims Eyed at Nassau ----------------------------------------------------------------- Pat Guth for the Mesothelioma Cancer Alliance reports that contractors at Long Island's famed Nassau Coliseum -- home to the NY Islanders -- are beginning to remove asbestos materials from non-public areas in the structure, this following much to-do about six months ago that had patrons of the arena questioning whether or not they were putting their health at risk by attending games there. According to a Newsday article, workers are removing the asbestos material from the loading dock and machine room. Once that's complete, an engineering firm will be hired to help determine what has to be done in other areas of the Coliseum, which has long played host to the local NHL hockey team as well as other sporting events, concerts, family shows, and more. The state Department of Labor and the U.S. Occupational Safety and Health Administration began investigating reports of exposed asbestos materials last March, causing controversy and resulting in the closure of the structure for a short time. However, Nassau County Attorney John Ciampoli says "air in the public areas has been tested and is safe." "After state and federal investigations, the county has not received any reports indicating a threat to air quality in public areas," county Public Works commissioner Shila Shah-Gavnoudias said. "We did extensive renovation in many parts of the Coliseum," added Chief Deputy County Executive Rob Walker. "We submitted a work plan to the state and they approved it." Nonetheless, 81 Nassau Coliseum workers have already filed asbestos exposure claims, stating that exposure to the material has placed them in danger of developing diseases such as asbestosis and mesothelioma. That number is expected to reach a few hundred by the time all claims are filed, said Ciampoli. ASBESTOS UPDATE: Parties Await Resolution for Bechtel Fibro Issue ----------------------------------------------------------------- ABC News reports that talks continued on Aug. 2 on what to do with asbestos on a central Queensland worksite. The United States firm Bechtel is building several LNG processing plants on Curtis Island, near Gladstone. Tests show pre-built electrical switch rooms imported by Bechtel from Indonesia contain white asbestos -- which is a banned import. The Electrical Trades Union (ETU) says up to 90 workers were exposed, and members who refused to work while testing was underway had their wages docked. Bechtel says they were offered alternative work. ETU spokesman Peter Ong says workers are waiting for the findings of an independent audit commissioned by the company. "If the recommendation is the asbestos needs to be removed then Bechtel have agreed to remove it," Mr. Ong said. Mr. Ong says the workers are also waiting for a decision in relation to their lost wages. "They've said look we'll donate half of the day's wages to the Asbestos Foundation and get Bechtel to match it," Mr. Ong said. "They're coming back to me hopefully with an answer on that." ASBESTOS UPDATE: No Fibro Emission at Hill and Plain School Blaze ----------------------------------------------------------------- Susan Tuz at newstimes.com reports that no asbestos was released July 19 when a fire broke out in the boiler room on the south side of Hill and Plain School, a school district official said. "There was concern because asbestos abatement was scheduled to be occurring in the basement, but that abatement had not begun yet," John Calhoun, director of facilities for the town's school district, said Tuesday, July 31. "The air quality has been tested several times and all the tests came back negative," Calhoun said. "A cleanup crew is cleaning smoke off of the walls in affected areas. Cleanup should be completed shortly." The town Fire Marshal's Office is conducting an investigation into the cause of the fire that occurred after the third day of work to replace two aging boilers at the school. The work crew had left for the day when the fire broke out. ASBESTOS UPDATE: Frankfort Buildings Fibro-Free During Blaze ------------------------------------------------------------ Amanda Fries of The Observer-Dispatch reports that a former manufacturing site anticipated to be demolished soon began crumbling Wednesday, Aug. 1, after multiple buildings caught fire at Union Tools, formerly Union Fork & Hoe in Frankfort, N.Y. The industrial site has been undergoing remediation -- including asbestos abatement -- and was set to be demolished possibly at the end of the month, said Steve Litwhiler, spokesman for the Department of Environmental Conservation. "Asbestos abatement has been under way for almost a month and was near completion," Litwhiler wrote in an email. "For the buildings reported to be involved in the fire, the asbestos program was complete or not needed due to a lack of asbestos." Numerous buildings, many of which were beginning to crumble not long into the 1:30 p.m. fire, sustained damage as at least two dozen fire departments from four counties battled the inferno. The cause is not yet known. Coupled with the large blaze, firefighters also had to take caution due to the possibility of contaminates, village fire Assistant Chief Matt Palumbo said. "The asbestos is potentially hazardous to the firefighters only," he said. Litwhiler said a department officer was on site and monitored the situation. "At this time, there are no known hazards other than those associated with any large fire," he said. Litwhiler said that demolition preparation had begun with workers stripping the buildings of all material except wood, brick, steel and concrete. He said there were a few contractors on site when the blaze broke out, but they escaped uninjured. They were working on the demolition setup, he added. Multiple agencies were called to supply manpower and water, Palumbo said. Most fire departments within a 20-mile radius were called to the scene. At 4 p.m., officials at the scene still were requesting water tankers from other departments and could be seen hauling in water to the 102 Industrial Drive site. A fire hydrant on the street also was in use. Assisting fire departments didn't start leaving the scene until nightfall. Because the fire was so large, firefighters were battling it from a safe distance on the ground and by use of aerial ladders. "It's an aggressive, defensive attack," Palumbo said. "Our main concern is cutting it off and making sure it didn't spread farther." Palumbo said at one point firefighters had to cease aerial attacks due to inclement weather, which brought heavy rain and lightning. Nearby, Turbo Machined Products on Industrial Drive was evacuated, office manager Erin Cartmell said. She said the building was sprayed because it got so hot. It could not be learned Wednesday what the blaze could mean for demolition of the site, and officials from Ames True Temper, owner of the site, could not be reached immediately. The cause of the fire is under investigation, Palumbo said, adding he couldn't speculate on whether it was suspicious. Union Tools began as Union Fork & Hoe Co. in 1907 and evolved into Frankfort's largest manufacturer, employing several hundred people at one point. Over the decades, workers streamed into the factory as garden tools and related products poured out. Since its closure in 2006, the property has been on the DEC list for remediation that was needed due to the dumping of solvents on the plant property, which contaminated groundwater and the public well field. Helen Tripple said she and her daughters were walking to a nearby prayer garden when they noticed thick black smoke coming from the old industrial building. "We were the first ones here when the fire started," Tripple said. "You could feel the heat." Tripple has lived on Sheldon Avenue -- a short distance from Union Tools -- for more than 60 years. "It was a big part of this community," Tripple's daughter Regina Cole said. "A lot of relatives worked there." ASBESTOS UPDATE: Zurn Industries, 52 Others Face Lawsuit -------------------------------------------------------- Kyla Asbury of The West Virginia Record reports that a Buffalo woman is suing 53 companies she claims are responsible for her husband's lung cancer and death. On Sept. 2, 2011, James Reilly was diagnosed with lung cancer, from which he died on April 27, according to a complaint filed July 17 in Kanawha Circuit Court. Lillian Reilly claims he was exposed to asbestos during his employment as a welder and millwright from 1965 until 1997. The defendants failed to warn James Reilly about the dangers of asbestos, according to the suit. Lillian Reilly claims the defendants also failed to supply James Reilly with proper apparel to wear while handling asbestos. The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit. Lillian Reilly is seeking a jury trial to resolve all issues involved. She is being represented by Thomas P. Maroney and Victoria L. Antion. The case has been assigned to a visiting judge. The 53 companies named as defendants are A.W. Chesterton Company; Air & Liquid Systems Corporation; Armstrong International, Inc.; Aurora Pump Company; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve U.S., Inc. f/k/a Durco International, Inc.; Flowserve U.S., Inc. f/k/a Flowserve FSD Corporation; FMC Corporation; Foster Wheeler Energy Corporation; General Electric Company; Goulds Pumps, Inc.; Grinnell, LLC; Hercules, Inc.; Honeywell, Inc.; Howden North America, Inc.; IMO Industries, Inc.; Inductotherm Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; Joy Technologies, Inc.; Lockheed Martin Corporation; McJunkin Corporation; Morgan Engineering Systems, Inc.; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company, Inc.; P&H Mining Equipment, Inc.; Rapid American Corporation; Reading Crane and Engineering Company; Riley Power, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Schneider Electric USA, Inc.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Sunbeam Corporation; Surface Combustion, Inc.; Swindell Dressier International Corporation; Tasco Insulations, Inc.; The Alliance Machine Company; UB West Virginia, Inc.; Uniroyal, Inc.; United Engineers & Constructors and Washington Group International; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yarway Corporation; and Zurn Industries, Inc. Kanawha Circuit Court case number: 12-C-1382. ASBESTOS UPDATE: Yarway Corp., 53 Others Face Lawsuit ----------------------------------------------------- Kyla Asbury of The West Virginia Record reports that a Phelps, Ky., couple is suing 54 companies they claim are responsible for a lung cancer diagnosis. On Sept. 29, 2011, Randy Carson Fields was diagnosed with lung cancer, according to a complaint filed July 17 in Kanawha Circuit Court. Fields claims he was exposed to asbestos during his employment at various mining and coal companies from 1963 until 1987. The defendants failed to warn Fields about the dangers of asbestos, according to the suit. Fields claims the defendants also failed to supply him with proper apparel to wear while handling asbestos. The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit. Fields and his wife, Mabel Lou Fields, is seeking a jury trial to resolve all issues involved. They are being represented by Victoria L. Antion, Scott A. McGee -- smcgee@motleyrice.com -- and Bronwyn I. Rinehart -- brinehart@jfhumphreys.com The case has been assigned to a visiting judge. The 54 companies named as defendants are 3M Company; A.W. Chesterton Company; Aurora Pump Company; Borg-Warner Corporation; Caterpillar Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Copes-Vulcan, Inc.; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Flowserve FSD Corporation; Flowserve U.S., Inc.; FMC Corporation; Ford Motor Company; Foster Wheeler Energy Corporation; Gardner Denver, Inc.; General Electric Company; Genuine Parts Company; Goulds Pumps; Grinnell, LLC; Honeywell International; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; ITT Corporation; Joy Technologies, Inc.; McJunkin Red Man Corporation; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Nacco Materials Handling Group, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; P&H Mining Equipment, Inc.; Pettibone/Traverse Lift, LLC; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid-American Corporation; Riley Power, Inc.; Rockwell Automation, Inc.; Schneider Electric USA, Inc.; Sears, Roebuck And Co.; State Electric Supply Company; Sterling Fluid Systems (USA), LLC; Tasco Insulations, Inc; The Goodyear Tire & Rubber, Co.; Uniroyal, Inc.; United Conveyor Corporation; Viacom, Inc.; Vimasco Corporation; West Virginia Electric Supply Company; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, LLC. Kanawha Circuit Court case number: 12-C-1388. ASBESTOS UPDATE: Meso Victim Seeks Help From Peers at Musselwhite ----------------------------------------------------------------- Chris Gregory at ThisisHampshire.net reports that a former Basingstoke carpenter is appealing for help after he was diagnosed with an asbestos-related cancer. Martin Woodhouse, who now lives in Melbourne, Australia, was diagnosed with mesothelioma, an aggressive form of cancer caused by exposure to asbestos, in September last year. The 66-year-old claims he was exposed to the deadly building material when he worked as an apprentice carpenter from 1961 to 1966 with Musselwhite and Sons. The building firm was based in Eastrop Lane, Eastrop, at the time and was taken over in the late 1960s. Mr. Woodhouse has now begun a legal claim and wants to speak to former colleagues. In particular, he wants to track down anyone who can help trace who insured the company at the time of his employment. David Easton -- deaston@leighday.co.uk -- a specialist industrial disease lawyer with Leigh Day and Co, who is representing Mr. Woodhouse, said: "Martin was just approaching retirement, and the diagnosis has been absolutely devastating for him and his family. "We are appealing for anyone who may have worked with Martin, or has information about the company which may assist in our investigations, to contact us." The cancer is almost exclusively caused by inhalation of asbestos fibers, and symptoms of the disease can occur many years after inhalation. ASBESTOS UPDATE: UNSW Researchers Develop New Meso-Detector ----------------------------------------------------------- ABC News reports that Australian researchers have successfully used an electronic nose in a diagnostic breath test for the deadly mesothelioma cancer. Researchers at the University of New South Wales modified an electronic nose to identify the disease, which is caused by exposure to asbestos, in its early stages. Associate Professor Deborah Yates says the small study had a high rate of accuracy. "We have been able to distinguish between people who do not have any diseases and those who have so called benign asbestos diseases like pleura plaques, and malignant mesothelioma of the pleura," she said. "What we now need to do is look at a larger number of patients. Ideally [we would] follow a larger number of patients who have had asbestos exposure who had not actually developed any disease, and see whether [the tool] could actually prospectively pick up the different diseases and distinguish them from mesothelioma." ASBESTOS UPDATE: Authorities Arrest Notorious NJ Contractor ----------------------------------------------------------- Kathryn Brenzel of The Express-Times reports that a Middlesex County man was arrested on Aug. 2 on charges he released asbestos into a New Jersey day care and nine homes and removed the cancer- causing substance from Hackettstown and Union Township schools without a license, authorities said. William T. Muzzio Jr., 50, of Woodbridge, N.J., removed asbestos in July 2011 in the Hatchery Hill Elementary and Willow Grove schools in Hackettstown and Union Township Middle School in Hunterdon County, the New Jersey Attorney General's Office announced. Muzzio did not have a license for the work at the time, according to court documents. Authorities allege that from April 2011 to February 2012, Muzzio illegally removed or sealed asbestos at 36 locations, including a Union County day care, 13 schools, 21 homes and an apartment complex. Toxic material was released in 10 of the locations, according to the court documents. The schools in Warren and Hunterdon counties are not among the 10 places where asbestos was allegedly released. Peter Aseltine, spokesman for the attorney general's office, declined to comment on whether contamination at the remaining 26 locations was a concern. "We conducted a thorough investigation," he said. "At this point, we have only charged that toxic material was released at the 10 locations." Hackettstown school officials said Muzzio was hired to remove asbestos-containing tile from the nurse's office at Willow Grove and a classroom and a faculty bathroom at Hatchery Hill, projects that collectively cost $6,775, said Teresa Barna, the district's business administrator. Another person was contracted to replace the tiles. Air samples were taken from the area in April after the school was notified of Muzzio's alleged crimes, Barna said. Evacuation plans were in place, but were unnecessary, as no asbestos was found, she said. District leaders said swift action was taken to assure the safety of students and faculty. "At no point was anybody's health in jeopardy, neither staff nor students," said Mike Herbst, school board president. Union Township school officials did not return calls for comment. Authorities began investigating Muzzio and his business, Citadel Environmental Consultants, in March after asbestos was discovered in the boiler room of the Union County day care, according to reports. Muzzio removed pipe insulation, which contained asbestos, without a license, the New Jersey Department of Health and Senior Services reported. This led authorities to discover that Muzzio removed cancer-causing material in Morris, Hunterdon, Warren, Monmouth and Ocean counties, according to court documents. The nine homes where Muzzio allegedly released asbestos are in Middlesex, Union, Essex and Hudson counties. "Muzzio was well aware of the dangers posed by asbestos and the fact that a licensed professional must remove it," Attorney General Jeffrey Chiesa said in a statement. "But we allege that he repeatedly ignored those dangers and risked exposing schoolchildren and residents across New Jersey in order to enrich himself." Muzzio faces 10 counts of unlawful release of a toxic pollutant, 36 counts of violating the state Asbestos Control and Licensing Act, one count of theft by deception and two counts of uttering a forged document. He was sent to the Union County jail in lieu of $75,000 bail. ASBESTOS UPDATE: ETU Considers Taking Bechtel Dispute to Court -------------------------------------------------------------- William Rollo of ABC News reports that the Electrical Trades Union (ETU) says it may take a wage dispute relating to asbestos at a central Queensland construction site to the Federal Court. U.S. firm Bechtel is building several liquefied natural gas processing plants on Curtis Island, near Gladstone. Tests show pre-built electrical switch rooms imported by Bechtel from Indonesia contain white asbestos -- which is a banned import. The union says staff who refused to work until the tests came back had their pay cut. Peter Ong from the ETU says the court action is being considered because an outcome was not reached in a Fair Work Australia hearing. "The current agreement that covers the projects being built at Curtis Island is a WorkChoices agreement, so it was made in 2009," Mr. Ong said. "That agreement doesn't allow for arbitration, so it doesn't allow for the commissioners to actually make a call or make a judgment on it unless both parties agree to arbitration." Bechtel's Kevin Berg says the workers were offered alternative work while the tests were carried out. He says the importation of asbestos was unintentional. "Our traditional or normal sort of procurement activity, including with this supplier, requires basically that the supplier build it in accordance with the Australian rules and regulations and importation laws," Mr. Berg said. "So it actually calls out by name that no asbestos be included." Mr. Berg says steps are being taken to ensure the situation does not happen again. "We've put the supplier on notice obviously that there's a violation of the conditions that they were obligated to meet for us and that they've put us in a very difficult position here," he said. "There will be a complete review of our relationship with this supplier definitely but also any suppliers in the future that we would even consider if they would be coming from Indonesia in particular." Mr. Ong says members are disappointed Bechtel has not shown goodwill by admitting its handling of the situation was wrong and agreeing to pay workers their lost wages. "Now that's not happening all, that's left up to our side of things . . . to take it to the Federal Court," he said. ASBESTOS UPDATE: Ex-Supervisor Commits Bribery, Violates EPA, HUD ----------------------------------------------------------------- Sandy Smith at EHS Today reports that William Morgan, the former supervisor of Royal Oak Township, a suburb of Detroit, was sentenced in federal court to 3 years in prison for violating the Clean Air Act's asbestos requirements and other crimes. Morgan previously had entered a guilty plea to charges that he conspired to defraud the U.S. Department of Housing and Urban Development (HUD), violate the Clean Air Act's asbestos requirements and commit bribery. "It is reprehensible that a public official made asbestos abatement decisions based on a bribe, not on what was needed to protect the health of the community," said Randall Ashe, special agent in charge of EPA's criminal enforcement program in Michigan. "The sentence shows that government officials who attempt to line their pockets rather than carry out their responsibilities honestly will be prosecuted to the full extent of the law." Asbestos is a mineral fiber that has been used commonly in a variety of building construction materials. When asbestos- containing materials are damaged or disturbed by repair, remodeling or demolition activities, microscopic fibers become airborne and can be inhaled into the lungs, where they can cause serious health problems. Morgan's criminal conduct involved the awarding of a contract and distribution of federal funds that were intended to be used by communities for the improvement of blighted areas by removing dilapidated buildings. The funding was received through HUD's Neighborhood Stabilization Program (NSP). Morgan, in addition to being Township supervisor, was also Royal Oak's coordinator for NSP. Prior to the awarding of the contract, Morgan had received a $10,000 bribe from Sureguard/PBM, one of the companies that submitted a bid for the demolition and asbestos removal of an abandoned theater on Eight Mile road. In return for the bribe, Morgan attempted to steer the contract to Sureguard/PBM. Despite Morgan's efforts, Royal Oak's Board of Supervisors awarded the contract to another company, which had submitted a lower bid. During the demolition process, Morgan asked for and received cash payments of $500 and $1,000 from the owner of the company that had won the contract. Morgan received these payments under the belief that they were in return for his approval of a change order covering the asbestos abatement that fraudulently inflated the cost of the work. "Any public official, in city or suburb, who works to enrich himself at the expense of the public will be detected and prosecuted," U.S. Attorney Barbara L. McQuade said. "It is particularly disturbing when an official not only takes bribes but also endangers community health and the environment by allowing the bribes to influence abatement decisions." One of Morgan's co-conspirators, Terrance Parker, received a sentence of 21 months. Two other co-conspirators, Kendrick Covington and Marcus Brown, have yet to be sentenced. The case was investigated by special agents of the Federal Bureau of Investigation, HUD's Office of the Inspector General and EPA's Criminal Investigation Division. ASBESTOS UPDATE: Suspected Fibro Shuts Down Former Youth Centre --------------------------------------------------------------- CBC News - Newfoundland & Labrador reports that the former youth centre in Labrador City was shut down Thursday, Aug. 2 when crews discovered what is believed to be asbestos. Mayor Karen Oldford says workers were doing upgrades in the building at the time. Oldford said testing was scheduled for Friday, and results are expected within the next week. Until then, the building will remain closed. The renovations are being done to accommodate the local gymnastics club. ASBESTOS UPDATE: Fibro Shuts Sneaker World, Theater in Liberty -------------------------------------------------------------- Leonard Sparks of The Times Herald-Record relates that Sneaker World's second store in the Village of Liberty was supposed to last longer than a pair of new Nikes. But one month after a ceremony marking the opening of the Monticello-based company's new store in a renovated space on Main Street, the sign over the door is gone and brown paper covers the windows from the inside. Taped outside is a state Department of Labor notice announcing "unlicensed asbestos work," left there by an inspector who also shut down the renovation of the nearby Liberty Theater for the same reason. The letter-size piece of paper could end up marking the end of Sneaker World's brief presence in Liberty, even as building owner Peter Belgard undertakes a cleanup to satisfy the state. "Everything is kind of in a holding pattern right now," Sneaker World owner Jesse Deitchman said. "I haven't made a decision yet." Sneaker World's move to the village earned a $50,000 loan from the Sullivan County Partnership for Economic Development and praise from town and village officials eager to see one less empty storefront on Main Street. Deitchman expanded to Liberty in April, moving into a building renovated using part of $500,000 the village received through the state's Main Street program, which gives grants to property owners for renovation work. The owner of the Liberty Theater also received a grant. So far, the owner has removed the marquee and started renovating storefronts that are part of the theater property. A grand-opening ceremony for Sneaker World took place June 29. But weeks later, the store was forced to close after an inspection by the DOL's Asbestos Control Bureau. The state would not release details of the inspector's report, citing an ongoing investigation, but Belgard said asbestos was found in the basement. "It's temporary," he said of the closure. "We have to get it removed, and that's what we're doing." Mayor Richard Winters lamented the situation facing both properties. If Sneaker World does not reopen, its loss would be a setback for a village pushing to bring more business to Main Street, he said. "We're trying to make Main Street better, and then we have to have something like this put a stop to everything," Winters said. ASBESTOS UPDATE: Asbestos Valued Throughout World History --------------------------------------------------------- Sokolove Law relates that many hazardous materials -- like nuclear waste, radioactive waste and pesticides -- are man-made problems. However, asbestos is a naturally-occurring mineral that humans have been using for more than 4,500 years. The Ancient Greeks named the substance after the Greek word for 'unquenchable,' due to its flame-retardant properties. Ancient cultures around the world used asbestos to create clothing, cookware, and shrouds. It is even said that the wicks used in 'eternal flames' were created from asbestos. Over the years, a few rulers have been purported to use asbestos tablecloths or napkins to impress their followers. The most frequently referenced of these is Charlemagne, King of the Franks and Emperor of the Romans in the late 700s. After every feast, he is said to have removed the asbestos tablecloth and tossed it into the fire, whereupon the stains and crumbs burned but the cloth was unharmed. Several of his followers attributed magical powers to Charlemagne based on this display. Unusual uses for asbestos aren't just ancient history. In the '30s, '40s and '50s, asbestos was touted as the perfect decoration for Christmas trees. It was heat-resistant and didn't catch fire like other substances used in ornaments. Asbestos fibers were often sold as 'fake snow,' and were even used in the classic movie "The Wizard of Oz." Asbestos use boomed during the Industrial Age, with new and creative patents filed frequently. After World War II, one company promoted a toothpaste containing asbestos, and another touted its dental tape. Surgeons even used asbestos-containing threads to perform everything from basic stitches to heart surgery. Even now, lower-income countries use asbestos extensively in the production of brake pads, insulation, and cement roofing. With few restrictions and practically no reinforcement of the safety standards, the option of cheap, durable material is hard to pass up. Several countries have banned the use of asbestos, but some older products may still be contaminated. If you have family heirlooms or antiques that may contain asbestos, call Sokolove Law today for a free legal consultation regarding a potential mesothelioma lawsuit. For legal help, call (800) 581-6358. ASBESTOS UPDATE: OSHA Investigates Best-Tec Worker's Death ---------------------------------------------------------- Cynthia Roldan of The Palm Beach Post reports that authorities have identified the local construction worker who died Thursday night (Aug. 2), hours after falling at least 15 feet while working inside the Palm Beach Mall. Juan Arias had just celebrated his 38th birthday on Wednesday, Aug. 1. Thursday, he toppled 15 to 20 feet from a scissor lift, an aerial platform often used by maintenance and construction workers, onto the concrete floor inside the mall, said Allan Ortman, West Palm Beach city spokesman. Arias worked for Best-Tec Asbestos Abatement, a company based in Boynton Beach, Ortman said. Arias was removing asbestos near the old Sears automotive garage at the mall, which is on Palm Beach Lakes Boulevard between Interstate 95 and Congress Avenue. Fire Rescue crews were dispatched just before 4:30 pm Thursday. Before crews could treat Arias, he had to be decontaminated by West Palm Beach Fire Rescue hazardous materials workers. He was unconscious when those workers arrived and performed CPR on him. He was then rushed five miles away to St. Mary's Medical Center, where he was declared dead. Arias was part of the crews working to transform the mall, Palm Beach County's first indoor shopping area when it opened in 1967 but a nearly empty shell since much of it closed in 2010, into a shopping center of outlet stores. Ortman said the Occupational Safety and Health Administration (OSHA) is investigating. ASBESTOS UPDATE: Effects of Naturally Occurring Asbestos Addressed ------------------------------------------------------------------ Don Martelli of Sokolove Law relates that prolonged exposure to asbestos fibers can lead to mesothelioma, a rare cancer of the lungs, and more than 2,000 California residents have died from this disease. Asbestos deposits can be found throughout the California countryside. A report from the State of California Department of Conservation outlines several pages of asbestos occurrences, both past and present, across the state. The chart lists historic asbestos mines, historic asbestos prospects, and other natural occurrences of asbestos in California. A decision in 1990 led the California Air Resources Board (CARB) to regulate asbestos amounts in crushed serpentinite used in surfacing applications. New concerns were raised in 1998 about potential health hazards, which led to CARB reducing the asbestos limit in the aforementioned surfacing applications from 5% to less than 0.25%. To this day, the California Department of Toxic Substances Control (CDTSC) works in various areas of the state to address concerns about potential effects of naturally occurring asbestos. These minerals, which are harmless if undisturbed, occur in rock and soil as the result of natural geologic processes. Asbestos deposits are often found near earthquake faults in the coastal ranges and the foothills of the Sierra Nevada. ASBESTOS UPDATE: Meso Kills 13.8 Per Million Per Year In 26 States ------------------------------------------------------------------ Don Martelli of Sokolove Law relates that the grim reality of asbestos exposure would not be complete without a lesson on Libby, Montana. Known as one of the most asbestos-contaminated towns in America, Libby has been the focus of two documentaries and four books. Every American state once received asbestos shipments from companies set up in the small town. Asbestos, a naturally occurring mineral, was widely available in Libby and quickly became a top industry before asbestos-related diseases came to light. It's suggested that more than 274 deaths in and around Libby can be attributed to asbestos exposure. Since 2000, the EPA has overseen removal of asbestos-contaminated resources from Libby and more than $370 million has been spent on the town of 2,600. Prolonged asbestos exposure can cause mesothelioma, a rare cancer of the lungs. Despite the historic prevalence of asbestos and inherent public health risks, Montana is not the top state in terms of deaths caused by mesothelioma. According to the CDC, the state death rate from mesothelioma was greater than the national rate of 13.8 per million people per year in 26 states, Montana included. In six states (Maine, New Jersey, Pennsylvania, Washington, Wyoming, and West Virginia), the rate exceeded 20 per million per year. Over the same seven-year period, only Georgia and Arkansas had nine or fewer annual mesothelioma deaths per million people. Studies like this do have limitations. It's important to note that death certificates do not include information on asbestos exposure or specific work histories -- this can limit proper identification of industries or occupations at fault. Also, deaths may occur in states where asbestos exposure did not occur. Lastly, some cases may be misdiagnosed and, therefore, unable to be properly registered. Some interesting facts to coincide with CDC's findings: asbestos use in the United States peaked in 1973 with more than 803,000 metric tons used in various projects. That number has since dropped to less than 2,000 metric tons every year. ASBESTOS UPDATE: Author Turns Down France's "Legion d'Honneur" -------------------------------------------------------------- Agence France-Presse reports that a top researcher and campaigner on industrial health issues has refused France's highest honor in protest at official inaction over what she described as "industrial crimes" in this sector. Annie Thebaud-Mony, director of research at France's National Institute for Health and Medical Research, turned down the "Legion d'Honneur" in a letter to Housing Minister Cecile Duflot made public on Saturday, Aug. 4. Thebaud-Mony has written award-winning books on industrial health and is the spokeswoman for Ban Asbestos France. In her letter, she said she wanted to "challenge the impunity that until now has protected those who carry out industrial crimes." Thebaud-Mony said she was particularly concerned that the current economic crisis was eclipsing issues concerning workers' health and the environment. "My act is intended as a call for citizens, but also for parliament to act, for the respect of basic rights to life, health and dignity," she said in her letter to the ministry, dated July 31. "We want to be taken seriously when we expose the deterioration of working conditions . . . the drama of workplace accidents and occupational diseases. . .," she added. She denounced what she said was a misguided debate over the issue of safe levels of certain toxic substances. Public officials have to take a stand against the threat that these substances pose, if necessary taking legal action against the offenders, she argued. Thebaud-Mony said that her own career had suffered for years because of her work. She called on the government to secure the jobs of young researchers working in the field of industrial health, in particular those investigating cancer-causing materials in the workplace. ASBESTOS UPDATE: Remediated Northampton Courthouse Library Reopens ------------------------------------------------------------------ Tom Shortell of The Express-Times relates that for the first five months of her job, Lisa Mann was a librarian without a library. Hired in March to maintain the Northampton County Courthouse's law library, she was confined to a conference room next to a ladies' bathroom with barely a legal tome. That changed last week when the library, shuttered since September due to asbestos, reopened. "It feels great. I love it," she said. "I feel so happy." Northampton County first shut the library four months after county employees and Controller Stephen Barron went to the Environmental Protection Agency with complaints about the air quality in several county buildings. Since then, the county has remediated the library, a storage area for the district attorney's office in the courthouse's basement and a docking area at Gracedale. County Executive John Stoffa and Administrator Tom Harp said the county ended up spending over $250,000 to rid the library of asbestos, redesign it and stock it with new books. The previous ones had to be tossed due to the potential asbestos contamination, he said. The cost, Harp said, does not include the materials and man hours county workers put in fixing up the library. "We paid a pretty penny, but it basically allowed us to upgrade the library to state of the art," Stoffa said. The final result, said Court Administrator James Onembo, is a sleeker library. The county spent $65,000 on new books, but it still wasn't enough to fully equip the library with all of books that used to sit on its shelves. Instead, court administration, the Northampton County Bar Association and Northampton Community College sat down and determined which books should be brought back, he said. Trimming the number of book cases allowed county workers to improve the lighting and create a more open area for researching, he said. Cutting down on the number of books may also prove to be the wave of the future. Onembo estimated that 60% of the practicing attorneys in the county primarily use the Internet to conduct research. As that ratio goes up, the county is likely to shift to more digital resources as well, he said. "It gave us an opportunity to purge a lot of the unused books," he said. The loss of books also allowed the county to create an attorneys' lounge, where lawyers can have a quiet spot to conference with other attorneys, their clients and their clients' families. The furnishings in the lounge were paid for by a donation from the Northampton County Bar Association, Onembo said. Victor Scomillio, the association's president, said having the library available again was a great resource, especially for the public. While there is more information available online than in the past, it can be difficult to establish how much of it is reputable, he said. The legal books and the online subscriptions to LexisNexis and Westlaw available at the library can be valuable to someone representing himself or herself, he said. "The information available electronically can be dangerous at times. Having the bound volume is a great asset," Scomillio said. Northampton County could still face fines from the EPA for potential health violations regarding the asbestos problems, but no new information has been released in months. The investigator who had been handling the case died in May after a prolonged illness, and a new investigator had not been assigned as of early June, an EPA spokeswoman said at the time. A call to the EPA's Philadelphia office seeking comment Friday, Aug. 3 was not returned. ASBESTOS UPDATE: Mesothelioma Kills 49 Year Old Worker ------------------------------------------------------ The Spalding Guardian reports that a man of 49 lost his life to an industrial disease linked to exposure to asbestos. Richard Kilbon, of Railway Lane, Sutton Bridge, died on July 20, an inquest in Spalding heard on Friday, Aug. 3. South Lincolnshire Coroner Professor Robert Forrest read medical evidence and statements regarding Mr. Kilbon's employment history, including work on a Government training scheme when he was painting village halls that contained asbestos products and then, in 1982, work for Premier Foods when some of their buildings were asbestos based. Professor Forrest recorded a verdict that Mr. Kilbon died from an industrial disease -- mesothelioma -- which he said is "caused almost exclusively by exposure to asbestos". ASBESTOS UPDATE: Study Showed NOA In Clear Creek Soil Is Minimal ---------------------------------------------------------------- Some 70,000 acres of public land in California that has been off- limits to off-highway-vehicle riders since 2008 would reopen under legislation introduced by U.S. Rep. Sam Farr (D-Calif.), the American Motorcyclist Association reports. On Aug. 2, Farr introduced a H.R. 6286 that would designate the popular Clear Creek Management Area near Hollister -- which is controlled by the U.S. Bureau of Land Management -- as a National Recreation Area. If the bill becomes law, it would provide for recreational access to the land as allowed under the BLM's 2005 travel management plan. The 70,000 acres have been closed to the public -- including OHV riders and hikers -- since May 1, 2008, because of fears over health dangers posed by naturally occurring asbestos (NOA) in the soil. The land has remained off-limits, even though a later study showed that the health risk to motorcyclists from naturally occurring asbestos is minimal. The San Benito County Board of Supervisors has been at the forefront of the movement to reopen the popular OHV area, petitioning Congress to consider Clear Creek a National Recreation Area that would allow motorized and non-motorized recreation. Western Representative Don Amador of the BlueRibbon Coalition, a national trail-based recreation group, has also been hard at work in an effort to reopen the land. "It's very rare for legislation to be introduced in Congress to open riding areas to riders," said AMA Western States Representative Nick Haris, who has worked with Amador on the issue. "Rep. Farr and the San Benito County Board of Supervisors deserve the thanks of all OHV enthusiasts for their efforts. And I personally want to thank Don Amador for his tenacious work in this area. "With the elections coming up, I think it's very important for California OHV enthusiasts to ask political candidates where they stand on this proposal," Haris added. "We need to hold them accountable on this issue." About the American Motorcyclist Association Since 1924, the American Motorcyclist Association -- http://www.AmericanMotorcyclist.com/-- has protected the future of motorcycling and promoted the motorcycle lifestyle. AMA members come from all walks of life, and they navigate many different routes on their journey to the same destination: freedom on two wheels. As the world's largest motorcycling rights organization, the AMA advocates for motorcyclists' interests in the halls of local, state and federal government, the committees of international governing organizations, and the court of public opinion. Through member clubs, promoters and partners, the AMA sanctions more motorsports competition and motorcycle recreational events than any other organization in the world. AMA members receive money-saving discounts from dozens of well-known suppliers of motorcycle services, gear and apparel, bike rental, transport, hotel stays and more. Through the AMA Motorcycle Hall of Fame, the AMA honors the heroes and the heritage of motorcycling for future generations. ASBESTOS UPDATE: Bechtel Switch Rooms Supplier Plans Legal Action ----------------------------------------------------------------- ABC News reports that an overseas company is considering legal action to protect its reputation following allegations its products used on a central Queensland construction site contained asbestos. Tests last week revealed pre-fabricated switch rooms built in Indonesia by Metito contained white asbestos, which is banned in Australia. The switch rooms were installed by the United States company Bechtel at a gas hub on Curtis Island, near Gladstone. In a statement, Metito said its products meet strict safety standards. The company says it fully supports an investigation into the incident, and that the matter is being taken seriously. ASBESTOS UPDATE: Fly-Tipper Dumps Toxic Fibro In Cramlington ------------------------------------------------------------ News Post Leader reports that potentially hazardous asbestos has been found dumped in Cramlington. A total of 20 asbestos sheets and 30 to 40 black bin bags tied together with silver tape containing asbestos tiles, were found by environmental enforcement officers in East Hartford. The officers are now asking the public for their help in providing information about the waste that was fly-tipped off the A192 near Cramlington, on or around Thursday, July 19. Officers are seeking information about both the origins of the waste, and any vehicle that has been seen carrying the waste. Fly-tippers are being warned that Northumberland County Council will seek to prosecute anyone who is caught, through its enforcement team. Andy Rutherford, head of neighborhood services and highways at the council, said: "Fly tipping not only spoils our countryside, but also adds a financial burden onto residents who have to pick up the cost of waste disposal. "This case is particularly shocking, as it involves asbestos, a material known to be dangerous if not handled safely. "We encourage all residents and businesses to check the credentials of people offering waste disposal services, and would urge anyone with information about this case to come forward. "Fly tipping is a country wide issue and cleanup costs are met by the taxpayer through removal and disposal costs. "Currently Northumberland is experiencing between 100 and 120 tips per month, and often leads to spoilt, and even polluted green spaces. Dumped waste also poses a health hazard for playing children and wildlife." Anyone with information can contact Northumberland Council FirstCall on 0845 600 6400 or Environmental Enforcement on (01670) 623462. ASBESTOS UPDATE: Former Postal Worker Plea for Colleagues' Help --------------------------------------------------------------- The Northumberland Gazette reports that a former post office worker who contracted an incurable asbestos-related cancer is appealing for ex-colleagues to help him discover how. Last month, Jack Deeble from Alnwick was diagnosed with mesothelioma, which he believes was caused by dust churned up when asbestos was stripped from the Fenkle Street Post Office branch during the 1960s. The 91-year-old started to develop symptoms in 2011 -- the same year he was awarded an MBE by the Queen in 2011 for his work with Alnwick Infirmary's League of Friends. He visited his GP this March after feeling lethargic, breathless and losing weight rapidly. Jack was then referred to a specialist at Wansbeck Hospital with follow-up treatment at Tyneside Hospital, where he endured an operation to drain fluid from his lungs. Jack has now asked industrial illness experts at law firm Irwin Mitchell to help as he appeals to his former colleagues to get in touch, as they may hold vital information about why he was exposed to asbestos. "I believe I was exposed to asbestos dust when the post office underwent major refurbishment in the early 1960s," said Jack. "The work took a couple of months and involved removing the ceilings in the building, which exposed the asbestos-covered pipes. "Contractors working on scaffold platforms hacked off asbestos from the pipes in corridors where I would walk through three or four times a day. It was dusty work and a difficult environment for regular employees like me to work in." He added: "I was never warned about the dangers of the dust nor was I ever given any protective clothing or a mask to wear while the refurbishment was carried out." Roger Maddocks, a partner and industrial disease expert at Irwin Mitchell, is representing Jack in his bid for justice. He said: "He is still coming to terms with the terrible news that he is suffering from an incurable asbestos-related cancer. It's a devastating illness which can be very distressing for the victims and their families. "To help Jack get to the bottom of why he was exposed to asbestos we would like to hear from anyone who worked at the Alnwick Post Office in Northumberland in the 1960s, who can help shed light on the working conditions he endured." Contact Roger Maddocks at Irwin Mitchell on 0191 279 0095. ASBESTOS UPDATE: Floor Contaminants Closes Portsmouth PD Lobby -------------------------------------------------------------- Charles McMahon at SeaCoastonline.com reports that the entrance lobby to Portsmouth's police station was temporarily closed over the weekend after workers discovered asbestos in the floor tiles. According to Sgt. Kuffer Kaltenborn, workers conducting a lobby renovation project discovered the asbestos on Saturday, Aug. 4, and as a result, were forced to seal off the lobby to the public and city employees. The lobby was sealed off from the rest of the facility for about four hours and a decontamination station was set up, said Kaltenborn. Signs notifying employees of the asbestos were also placed in the vicinity, he said. "The lobby was shut down for a little while," he said. The discovery of the asbestos had only a minimal impact on the operations at the police station. Kaltenborn said personnel had to use a secondary secure entrance to get in and out of the station during the day. "It was a minor inconvenience," Kaltenborn said. Chemicals used by the company hired to conduct the work also made for what Kaltenborn described as a "very intense" turpentine-like smell. The renovation project, which is part of the city's facilities improvements projects in the Capital Improvement Plan, involves the installation of new carpets, display cases and a new LED television to serve an announcement board for community events, road closures and other important public information. Public Works Director Steve Parkinson said it is not uncommon to find asbestos at the Municipal Complex, which was built in 1950 and houses City Hall, the police station, school administrative offices and other nonprofit organizations. "You find it here and there," he said. The source of asbestos discovered on Saturday came from the adhesive underneath the tile flooring, said Parkinson. ASBESTOS UPDATE: US Consumption of Asbestos Fiber Increases 13% --------------------------------------------------------------- The following statement was issued by Linda Reinstein, Co-Founder, President & CEO of the Asbestos Disease Awareness Organization (ADAO), regarding the 2011 U.S. Geological Mineral Yearbook confirming the U.S. consumption of asbestos fiber increased 13%. "As a Mesothelioma widow and asbestos awareness advocate, I was appalled and shocked by the 2011 U.S. Geological Survey (USGS) Mineral Yearbook (Advance Release) which reported 'apparent consumption of asbestos was calculated to be 1,180 metric tons in 2011, a 13% increase from 1,040 metric tons.' "Asbestos remains legal and lethal in the United States. USGS reported, 'that 140 metric tons of chrysotile imported in 2011 went into stocks for future use rather than being used because it was unlikely that markets had expanded. Roofing products accounted for 41% of U.S. consumption.' The facts are irrefutable, asbestos is a known human carcinogen and there is no safe level of exposure. "In 1977, the International Agency for Research on Cancer (IARC) declared asbestos a human carcinogen, yet occupational, environmental, and consumer exposure continues throughout the United States. More than 10,000 Americans die every year from asbestos-caused diseases such as Mesothelioma, Asbestosis, and Lung Cancer. "On behalf of the Asbestos Disease Awareness Organization (ADAO), I am calling on Congress and the President to protect public health and immediately prohibit the importation of raw asbestos and asbestos-containing products from crossing our borders. I have lost my husband, Alan, to Mesothelioma, a disease caused from asbestos exposure. Nothing can bring him or the hundreds of thousands of other victims back to life, but we can begin by aggressively preventing exposure thus eliminating deadly diseases." About Asbestos Disease Awareness Organization Asbestos Disease Awareness Organization (ADAO) -- http://www.asbestosdiseaseawareness.org/-- was founded by asbestos victims and their families in 2004. ADAO seeks to give asbestos victims and concerned citizens a united voice to raise public awareness about the dangers of asbestos exposure. ADAO is an independent global organization dedicated to preventing asbestos-related diseases through education, advocacy, and community. ASBESTOS UPDATE: Fibro Dumped at Wollongong Councilor's Driveway ---------------------------------------------------------------- 702 ABC Sydney reports that a man has been charged with failing to disclose who was driving his car when it was allegedly used to dump a trailer load of asbestos on a Wollongong councilor's driveway. Councilor Greg Petty found the asbestos in the driveway of his Helensburgh home in April this year. Police say the car that dumped the unregistered trailer belongs to Brett Blackwell, but Mr. Blackwell won't say who was driving. He's been charged with failing to disclose driver identity and will face court this month. Greg Petty lives opposite a building and landscape supply business owned by relatives of Brett Blackwell, that's been ordered by council to rectify several development consent violations or face prosecution. But company director Adam Blackwell says he first heard of the charge against his cousin when contacted by the ABC. He says it has nothing to do with his business. Police say they still don't know the identity of a masked man who stole Councilor Petty's personal CCTV camera six days after the asbestos was dumped. Investigations are continuing. ASBESTOS UPDATE: D&D Offers Legal Options for ARD Victims --------------------------------------------------------- There are various legal options available for mesothelioma victims, and lawyers at Danziger & De Llano law firm are striving to get people to fight for their rights and receive compensation to cover lost wages, huge medical bills not covered by insurance, travel expenses, emotional support, pain and suffering of the victims and their loved ones. No matter if they were directly exposed to asbestos while working or there were other circumstances that caused them to develop mesothelioma, there are plenty of legal actions to be made: personal injury claims, wrongful death lawsuit, asbestos litigation and other options can be considered by those who suffer as a result of asbestos exposure. "Our mission is to protect the interests and rights of those who are diagnosed with or even die from mesothelioma and could have been saved and their death prevented if the asbestos manufacturers and sellers had been honest about the dangers of exposure. Those who are in danger of losing their lives as a result of someone else's negligence should receive the fair compensation to cover all the medical bills, loss of income and emotional distress they and their families are going through", says one of the mesothelioma lawyers at Danziger & De Llano. The goal of mesothelioma lawyers at Danziger & De Llano, as stated on their website, is to maintain faith in an effective and fair justice system -- while supporting the efforts of asbestos victims to receive the maximum amount of compensation and provide proper mesothelioma lawyer assistance. They believe justice can still be obtained in any of America's courtrooms, even when the interests of powerful corporations are on line. Mesothelioma is a form of cancer that develops on the lining of the chest and abdomen. Typically associated with asbestos exposure or inhalation, it claims almost 3,000 American lives each year. Asbestos is a heat and fire resistant mineral fiber commonly used in industrial products, whose fibers are either ingested or inhaled. In time, the asbestos fibers get lodged in the lining of internal organs, typically of the pleura, or the lining of the chest. According to national authorities, mesothelioma is impossible to diagnose in its early stages, being detected decades after the initial exposure. The experienced mesothelioma lawyers at Danziger & De Llano have had numerous cases along the years, representing the interests of plumbers, mechanics, pipefitters, electricians and insulators. To receive a free case consultation, please visit http://www.mesotheliomalawyer.com/ About Danziger & De Llano The law firm at Danziger & De Llano is a team of experienced mesothelioma lawyers who are very knowledgeable about mesothelioma and the deadly effects of asbestos exposure. As experienced personal injury attorneys, they have some of the most powerful weapons against powerful companies that seem untouchable by law. They provide professional mesothelioma assistance for asbestos exposure victims interested in receiving the compensation they deserve. ASBESTOS UPDATE: Cleanup of Tornado Razed Homes in Joplin Underway ------------------------------------------------------------------ They're an eyesore in the neighborhood; unlivable homes that were pounded by the tornado that hit Joplin, Missouri last summer. But demolishing them is both complicated and costly because many of them contain building materials that are full of dangerous asbestos, say city authorities, according to The Mesothelioma News Center. The city's Building Board of Appeals has identified nearly 300 homes that contain unsafe building materials and hope to begin addressing them in the next stage of clean-up, reports a story aired on KODE-Joplin. The city has posted warning signs on these homes, prompting concern by area residents who fear that damaged asbestos siding, for example, could be resulting in contamination of the air via the release of dangerous asbestos fibers, especially during winds and rain storms. Inhalation of asbestos fibers can cause all sorts of lung-related diseases, including mesothelioma and other cancers. "One time or another that was the norm, was to build [houses] with asbestos siding or have asbestos insulation in it because it's a great insulating material," stated Jack Schaller, P.E. Assistant Director of Public Works. Schaller says they'll begin with the clean-up and demolition of 14 asbestos-laden houses. The asbestos abatement will need to occur first, before the houses are demolished. Schaller notes that this is the largest collection of houses with asbestos that they will have to demolish, though he expects to find more throughout the storm-ravaged area. The Public Works Department estimates that it will take some eight months to complete the demolition phase. Neighbors say they'll be delighted to be rid of the eyesores, which are bringing down property values and impeding their ability to move on. ASBESTOS UPDATE: EC2 Warns of Popcorn Ceilings Containing Fibro --------------------------------------------------------------- Removing popcorn ceilings is a common home improvement project for many Illinois residents. This surfacing technique, used in many residential properties, is no longer in style and can even lower property values. Many homes and apartments that were built between the 1960s and 1980s used popcorn ceilings as a standard method of texturing ceilings. Today, many property owners have begun removing the finish in an effort to update the look and feel of their homes. "Many homeowners tackle these projects on their own, but they need to be aware of potential health hazards," stated Ed Chambers, the President of EC2, a Chicago-area asbestos consulting company. "Many, if not most, homeowners don't even realize that these popcorn ceilings may contain asbestos. It is crucial to get the materials testing before any popcorn removal projects begin to prevent exposure to asbestos fibers." Asbestos was used in some popcorn ceilings into the 1980s. Asbestos was banned from use in most household materials in the late 1970s, but businesses with existing materials were allowed to use up their inventory of materials on hand. In addition to asbestos being found in some popcorn ceiling materials, it may also be present in textured paints, and patching and joint compounds. According to the U.S. Environmental Protection Agency (EPA), "You can't tell whether a material contains asbestos simply by looking at it, unless it is labeled. If in doubt, treat the material as if it contains asbestos or have it sampled and analyzed by a qualified professional. A professional should take samples for analysis, since a professional knows what to look for, and because there may be an increased health risk if fibers are released. In fact, if done incorrectly, sampling can be more hazardous than leaving the material alone. Taking samples yourself is not recommended." EC2 has sponsored a public outreach video about asbestos that can be viewed at: http://www.youtube.com/watch?v=CCpQYuK8ge8 To learn more about asbestos, environmental, mold or indoor air quality (IAQ) issues, please visit http://www.4ec2inc.come-mail info@4ec2inc.com or call (815) 703-9000. About EC2, Inc. EC2 is a leading provider of environmental consulting and inspection services for clients across the United States. Based in the Chicago area, the company provides their services to clients ranging from local companies and institutions to International Fortune 500 Corporations. ASBESTOS UPDATE: Cleaned-Up Catonsville Library Basement Reopens ---------------------------------------------------------------- Brian Conlin at Baltimoresun.com reports that the meeting room in the basement of Catonsville Library is scheduled to open for the first time in two weeks on Thursday, Aug 9, after being closed due to concerns about the presence of asbestos. The 49-year-old library at 1100 Frederick Road had torn out the carpet in the meeting room as part of a project to replace it when they discovered tile that had been installed decades ago, said Bob Hughes, a spokesman for the Baltimore County Public Library system. Though the library never sent the tile to be examined to see if it contained asbestos, it took action and closed the meeting room, which is used for activities and presentations, on July 27. "Based on the age of the tile, we took the high road," Hughes said. "In order to ensure it wasn't asbestos, which would have been typical of the time period when the tile was put down, we brought in an asbestos abatement company." Baltimore-based Colt Insulation removed the tile at a cost of $9,845, Hughes said. The total cost of the project, including installation of the new carpeting, was $28,317, he said. No problems as a result of the tile had occurred before the library system decided to replace it, Hughes said. Melissa Gotsch, the manager of the Catonsville Library, said crews put back chairs and tables in the meeting room on Tuesday, Aug. 7 and the first activities in the room were to take place on Thursday, Aug. 9, Gotsch said. ASBESTOS UPDATE: Mike Holmes Urges Proper Protection for DIYers --------------------------------------------------------------- Kristen Griffin for the Mesothelioma Cancer Alliance reports that internationally acclaimed contractor and star of HGTV's popular "Holmes on Homes" program, Mike Holmes urges contractors, handymen and do-it-yourselfers to use proper protection while working in a new piece for the National Post. Conditions within a home or building may not be entirely known, and working without protective gear may cause some severe health conditions. To Holmes, it is not a laughing matter. According to Holmes, some older, more experienced contractors remember working on job sites where it was known asbestos was present and no one on the crew wore protective gear. These contractors "joke about it now that they know the risks: 'there goes 10 years off my life.'" Breathing in toxic air or miniscule particles of asbestos, mold or lead paint may lead to serious respiratory problems and other diseases. Despite the widespread knowledge that exposure to and breathing in asbestos, mold or lead paint particles may lead to cancer, Holmes said that many experienced contractors still do not use proper protective gear or respirators while on the job. Doing so further jeopardizes their health and may exacerbate underlying health conditions. In his piece for the National Post, Holmes also notes that for some contractors, the option of using protective equipment on the job may be cost prohibitive. Not only is the gear expensive, but "being properly trained to use them takes time and money." Being constantly and repeatedly exposed to such carcinogens as asbestos does have a long term impact not only on respiratory health but overall health. Exposure to asbestos is linked to a lethal form of cancer called mesothelioma, where nearly invisible asbestos particles are inhaled and embed into the lung tissue. In some rare cases, these small asbestos particles may embed into the delicate protective tissue surrounding the heart or in the abdominal cavity. Though it can take decades for mesothelioma to appear, the disease is fast acting. Regardless of whether the project is professional or amateur, it is critical that everyone involved wear protective masks and gear. For some, wearing a half or full mask with or without a respirator is cumbersome and may make the job harder. According to Holmes, no job is worth risking your lungs. ASBESTOS UPDATE: Tests Underway for 9 Schools Conned by Contractor ------------------------------------------------------------------ Deborah Bell for the Woodbridge Patch reports that the nine township schools treated by a Woodbridge asbestos removal contractor who wasn't licensed for the work are being tested again -- this time, to make sure they're safe for children to return to when school opens in September. Woodbridge Schools Superintendent John Crowe said that the nine affected schools throughout the district are being tested for asbestos by RAM Environmental Services. "They've inspected the encapsulation and said it was fine," said Crowe, who doesn't envision there being any delay in returning children to the classrooms this school term. "We're just being proactive" in making sure the schools are fit for students, Crowe said. Nine Woodbridge Township schools were among dozens of facilities in several counties treated by William T. Muzzio, Jr., of Citadel Environmental Consultants. Muzzio, a Woodbridge contractor, was arrested Aug. 2 after the most recent incident: a daycare center in Union Township, where he was hired to remove pipe insulation containing asbestos in a basement boiler room. Among the dozens of charges Muzzio faces are allegations that he falsified his asbestos removal certification credentials. That's what happened in Woodbridge, Crowe said. "He gave us a forged document. He suggested to us he was a state vendor," Crowe said. The township isn't required to inspect asbestos removal work, Crowe said. Muzzio encapsulated the asbestos in place in the Woodbridge schools so it wouldn't have to be removed. The nine Woodbridge schools affected by the unlicensed contractor are: -- Woodbridge High School, Woodbridge -- Colonia High School, Colonia -- John F. Kennedy High School, Iselin -- Kennedy Park School, Iselin -- Matthew Jago Elementary School, Sewaren -- Oak Ridge Heights School, Colonia -- Woodbridge Middle School, Woodbridge -- Ross Street School, Woodbridge -- Fords Middle School, Fords Muzzio has been charged with 10 counts of the unlawful release of a toxic pollutant, 36 counts of removing or encapsulating asbestos without a license, one count of theft by deception, and two counts of forging documents. He was arrested and held in Union County Jail on $75,000 bail, the NJ Office of the Attorney General said last week. ASBESTOS UPDATE: 3 Month Old Report On Illegal Dump Still Unheeded ------------------------------------------------------------------ Peter Begg of The Geelong Advertiser reports that more than three months after the Geelong Advertiser revealed an illegal asbestos dump on the Corio Bay foreshore at North Geelong, the dangerous waste has not been removed. A City of Greater Geelong-commissioned paper on the various options for the clean-up of the site has now been forwarded to the Environment Protection Authority. On Aug. 7 an EPA spokeswoman said the authority was assessing the report. "The area remains fenced and residents should avoid the site," she said. The paper was drawn up by local firm, Environmental Health Solutions, and the council said it would also discuss the experts' advice with the EPA to decide on an action plan. The area, which is littered with broken corrugated sheets along the cliffs and shoreline next to the Graincorp pier, is Crown land but managed by the council. The city has said it was reviewing the process undertaken in 1999 that saw it appointed as the committee of management for the site. City services general manager Gary Van Driel said the council was having the various options costed. Mr. Van Driel said the council would meet EPA representatives again soon to discuss the next step in the clean-up. He said the council had spent about $25,000 securing the site, now surrounded by a chain mesh fence with locked gates to prevent public access. Authorities were forced to act after a Geelong Advertiser investigation in May revealed how much asbestos believed to have been there for 20 years was exposed along the coast. The council initially said the land belonged to the Department of Sustainability and Environment and it had raised the asbestos issue with the authority three years ago. The Geelong Advertiser later revealed that the land was transferred to public hands from the Port of Geelong Authority in the late 1990s. The DSE had been aware of asbestos at the site for about seven years but had chosen not to take any action, claiming there had been "minimum exposure of the material" during each site inspection. ASBESTOS UPDATE: Mesothelioma Kills Former Thorneycrofts Worker --------------------------------------------------------------- The Daily Echo reports that a retired plumber and welder who worked in Southampton's shipyards died after suffering severe levels of asbestos exposure. Norman Smith spent decades working for companies including Thorneycrofts, Harland and Wolff, and at the Fawley oil refinery, where he regularly breathed in asbestos dust. The 85-year-old, of Doyle Court, Weston, died from mesothelioma on January 31. Southampton coroner Keith Wiseman recorded a verdict of death by industrial disease. ASBESTOS UPDATE: Cleanup Issues Halt Razing of Canandaigua Bldg --------------------------------------------------------------- Scott Pukos of the Messenger Post reports that after it was discovered that the roof of a vacant Lakeshore Drive building collapsed, it appears the next step will involve the demolition of the building; however, it's not clear when that will occur. According to Steve Wade, the code enforcement officer for the city of Canandaigua, a six-foot tall chain-link fence is scheduled to be placed around the structure at 158 Lakeshore Dr. -- the former home of Bella Lago Restaurant and Party House -- by Aug. 8. The city also will issue a demolition permit, Wade said. One of the issues with the building is asbestos. Wade said typically what would happen is a building would need an asbestos survey, then the asbestos would be removed, and then the building could be demolished. He added that because of the roof collapse, he's not sure if this process can be done. One option is to demolish the building and take everything to a landfill that will accept asbestos. Wade said this would be a more costly option compared to the normal route of that includes the asbestos survey and removal before demolition. Wade noted that after demolition permit is issued, the next step, in this instance -- removing the asbestos or demolishing the building -- is under New York State Department of Labor jurisdiction. He added that there is no specific time table for demolishing the building. Property owner David Genecco could not be reached for comment. The collapsed roof was spotted Aug. 2, however, Canandaigua city police believe it caved in before that day. City Manager Kay James said no one was injured following the roof collapse. ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland USA. Noemi Irene A. Adala, Joy A. Agravante, Ivy B. Magdadaro, Psyche A. Castillon, Julie Anne L. Toledo, Christopher Patalinghug, Frauline Abangan and Peter A. Chapman, Editors. Copyright 2012. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $575 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter Chapman at 240/629-3300. * * * End of Transmission * * *